HomeMy WebLinkAboutOrdinance - 2016-O0159 - Zone Case 1489-B - 11/03/2016First Reading SecondReading
October 27, 2016 November 3, 2016
Item No.7.1 Item No.7.1
ORDINANCE NO.2016-00159
AN ORDINANCE AMENDING ZONING ORDINANCE NO.7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES:ZONE CASE NO.1489-B;A ZONING CHANGE FROM C-2 AND A-2
TO A-3 SPECIFIC USE FOR APARTMENTS,ON LOTS 1-4 AND EAST Vi OF
LOT 5 BLOCK 99,LOTS 1-4,21-23,AND 24,LESS SOUTHEAST 112.5 SQUARE
FEET AND CLOSED ALLEY OF BLOCK 98,OVERTON 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,
safety and general welfare to make those proposed changes in zoning; and
WHEREAS, the 1986 Comprehensive Land Use Plan as amended is a guide to
help the Lubbock Planning and Zoning Commission and City Council determine the
physical development of the community; however, planning is a continuous process and
change is inevitable;and
WHEREAS, the Lubbock Planning and Zoning Commission and City Council
recognize that the zone change is a minor deviation from the 1986 Comprehensive Land
Use Plan as amended, which protects public and private commitments that have been
previously based on the Plan; and
WHEREAS,all conditions precedent required by law for a valid amendment to
the Zoning Ordinance and Map have been fully complied with, including giving notices
in compliance with Section 40.01.005 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
Councildeterminedthat it would be in the public interest,due to changedconditions,that
the Zoning Ordinance and the Zoning Map be amended in the manner hereinafter set
forth in the body of this Ordinance and this Ordinance having been introduced prior to
first reading hereof;NOW THEREFORE:
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
ZONE CASE NO.1489-B
SECTION 1. THAT Ordinance No. 7084 and the Official Zoning Map are
amended as follows:
A change of zoning under provisions of Section 40.01.005 of the Code of
Ordinances of the City of Lubbock from C-2 AND A-2 to A-3 Specific Use for
apartments on Lots 1-4 and East V2 of Lot 5 of Block 99, Lots 1-4, 21-23, and
24, less Southeast 112.5 square feet and closed alley of Block 98, Overton
Addition, City of Lubbock, Lubbock County, Texas, located at 2401, 2403, 2405,
and 2406 Main Street, subject to conditions.
SUBJECT TO THE FOLLOWING CONDITIONS:
1. THAT all sides shall have a 5' setback;
2. THAT the property must meet the 25' visibility triangle on all
corners.
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 40.03.3102 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 this case is
the C-2 and A-2 zone district; and if such reversion occurs, the Director of Planning 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
40.03.3101-40.03.3103 of Codified Zoning Ordinance No. 7084 on the property
described as 2401, 2403, 2405, and 2406 Main Street, City of Lubbock, Lubbock
County, Texas.
SECTION 3. THAT violation of any provision of this Ordinance shall be deemed
a misdemeanor punishable by fine not to exceed Two Thousand and No/100 Dollars
($2,000.00) as provided in Section 40.01.006 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.
SECTION 5. THAT the City Secretary is hereby authorized to cause publication
of the descriptive caption of this Ordinance as an alternative method provided by law.
Zone Case No. 1489-B
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AND IT IS SO ORDERED.
Passed by the City Council on first reading on October 27, 2016
Passed by the City Council on second reading on November 3 2016
ATTEST;
Rebe t
a Garza, City Secret
APPROVED AS TO CONTENT:
Andrew Paxton, Director of Planning
APPROVED AS TO FORM:
,r
Justin v
ruitt, ssistant City Attorney
vw/CityAtt/Justi n/Zones/ZC 1489-B
October 6, 2016
DANIEL M. POP , MAYOR
Zone Case No. 1489-B
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