HomeMy WebLinkAboutOrdinance - 2014-O0144 - Zone Case 3240 - 11/06/2014First Reading
October 23, 2014
Item No. 6.7
ORDINANCE NO. 2014-00144
Second Reading
November 6, 2014
Item No. 6.16
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 3240; A ZONING CHANGE FROM R-2, R-3, A-1
AND A-2 TO A-3 SPECIFIC USE FOR APARTMENTS, ON THE SOUTH 30
FEET OF LOT 1, LOTS 2 THROUGH 9, THE SOUTH 30 FEET OF LOT 109
BLOCK 115, LOTS 1 THROUGH 10, BLOCK 116, LOTS 1 THROUGH 4 AND 9
THROUGH 12, BLOCK 119, OVERTON ADDITION, AND A PORTION OF 9TH
STREET, 107" STREET, AND THE ALLEYS LOCATED IN BLOCKS 115 AND
116 AND A PORTION OF THE ALLEY IN BLOCK 119, PROPOSED TRACT 22,
OVERTON PARK 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
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 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. 3240
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 R-2, R-3, A-1 and A-2 to A-3 Specific
Use for apartments on the south 30 feet of Lot 1, Lots 2 through 9, the south
30 feet of Lot 10, Block 115, Lots 1 through 10, BIock 116, Lots 1 through 4
and 9 through 12, Block 119, Overton Addition, and a portion of 9`h Street,
10`h Street, and the alleys located in Blocks 115 and 116 and a portion of the
alley in Block 119, proposed Tract 22, Overton Park Addition, City of
Lubbock, Lubbock County, Texas, located at south of Glenna Goodacre
Boulevard between Avenue S and Avenue R, subject to conditions, and being
further described as follows:
METES AND BOUNDS DESCRIPTION: Attached as Exhibit "A".
SUBJECT TO THE FOLLOWING CONDITIONS:
1. THAT the property be tied to the site plan.
2. THAT a perimeter fence shall be allowed on the property line.
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 R-2, R-3, A-1 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 south of Glenna Goodacre Boulevard between Avenue S and Avenue R,
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.
Zone Case No. 3240
page -2of3
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
the descriptive caption of this Ordinance as an alternative method provided by law.
AND IT IS SO ORDERED.
by the City Council on first reading on Octnher 9z, 901 n
by the City Council on second reading on Nnvemhar R 9014
G . OBERTS��ON, MAYOR
ATTEST:
Garza, C
APPROVED AS TO CONTENT:
APPROVED AS TO FORM:
Unaa weaver, l tty Attorney
Zone Case No. J240
page - 3 of 3
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