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HomeMy WebLinkAboutOrdinance - 2004-O0094 - Amending Zoning Ordinance Making Changes: Case 1834-D; Duplex Construction - 08/26/2004First Reading August 26, 2004 Item No. 37 ORDINANCE NO. 2004-o0094 Second Reading September 16,2004 ItemNo. 12 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 1834-D; A ZONING CHANGE FROM R-2 TO A-1 SPECIFIC USE FOR DUPLEX CONSTRUCTION ON LOT 246, WESTERN I ESTATES ADDITION, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY, PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. WHEREAS, the proposed changes in zoning as hereinafter made have been duly presented to the Planning and Zoning Commission for its recommendation which was received by the City Council and, after due consideration, the City Council found that due to changed conditions, it would be expedient and in the interest of the public health, 1 safety and general welfare to make those proposed changes in zoning; and . WHEREAS, all conditions precedent required by law for a valid amendment to I the Zoning Ordinance and Map have been fully complied with, including giving notices i in compliance with Section 29-24 of the Code of Ordinances, City of Lubbock, Texas, and the notices provided by the Texas Local Government Code §211.007 (Vernon, 1990), and notice was duly published in the Lubbock Avalanche-Journal more than fifteen (15) days prior to the date of the public hearing before the City Council on such proposed amendment, and the public hearing according to said notice, was held in the City Council Chamber of the Municipal Building, Lubbock, Texas, at which time :persons appeared in support of the proposal; and after said hearing, it was by the City !council determined that it would be in the public interest, due to changed conditions, that the Zoning Ordinance and the Zoning Map be amended in the manner hereinafter i set forth in the body of this Ordinance and this Ordinance having been introduced prior \ I to first reading hereof; NOW THEREFORE: ·BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: ZONE CASE NO. 1834-D I j SECTION 1. THAT Ordinance No. 7084 and the Official Zoning Map are Fended as follows: A change of zoning from R-2 to A-1 Specific Use for duplex consturction under provisions of Section 29-24 of the Code of Ordinances of the City of Lubbock on Lot 246, Western Estates Addition, City of Lubbock, Lubbock County, Texas, located at 602 N. Englewood A venue, subject to the following conditions: 1. THAT the zoning be limited to duplex construction. 2. THAT the front setbacks shall be a minimum of 20 feet and the side setback shall be a minimum of five feet on the Erskine side. SECTION 2. THAT the granting of this specific use zoning is hereby made subject to compliance with all provisions of Zoning Ordinance No. 7084, as amended, . including particularly, but not limited to, Section 29-24 of the Codified Zoning Ordinance, which provides that a Building Permit shall be applied for and secured within thirty (30} months of the effective date of the zone change or all undeveloped property shall automatically revert back to the previous zoning classification, which in I this case is the R-2 zone district; and if such reversion occurs, the Director of Planning 1 is directed to remove from the Zoning Map the legend indicating such specific use. The Specific Use authorized by this Ordinance is permitted under provision of Section 29-24 (c)(24) of Codified Zoning Ordinance No. 7084 on the property described as Lot 246, Western Estates Addition, City of Lubbock, Lubbock County, Texas. SECTION 3. THAT violation of any provision of this Ordinance shall be deemed a misdemeanor punishable by fme not to exceed Two Thousand and No/100 Dollars ($2,000.00} as provided in Section 29-31 of the Zoning Ordinance of the City · of Lubbock. SECTION 4. THAT should any paragraph, sentence, clause, phrase or word of this Ordinance be declared unconstitutional or invalid for any reason, the remainder ' of this Ordinance shall not be affected thereby. I SECTION 5. THAT the City Secretary is hereby authorized to cause I publication of the descriptive caption of this Ordinance as an alternative method provided by law. Zone Case No. 1834-D page-2 of3 r AND IT IS SO ORDERED. Passed by the City Council on first reading this 26th day of August I ATTEST: ~k.-.. ~ Reecca Garza, Citysecr APPROVED AS TO CONTENT: ~Sc7Y\._ nior Planner APPROVED AS TO FORM: II -/:7/ -~ ~c::·-Af'~~- a L. Chamales ,Semor Attorney Office Practice I l I j I as/cityatt/Linda/ZoneCases/ZC 1834-D I August 5, 2004 I Zone Case No. 1834-D page-3 of3 / • 2004.