HomeMy WebLinkAboutOrdinance - 2021-O0079 - Zone Case 3435First Reading
June 22, 2021
Item No. 7.3
ORDINANCE NO. 2021-00079
Second Reading
July 13, 2021
Item No. 7.4
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND
THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE
FOLLOWING CHANGES: ZONE CASE NO. 3435; A ZONING CHANGE FROM
C-3 AND C-3 SPECIFIC USE TO AM ZONING DISTRICT AT 4413 4TH
STREET AND 415 RALEIGH AVENUE, LOCATED SOUTH OF 4TH STREET
AND EAST OF RALEIGH AVENUE, RUSHLAND PARK ADDITION, TRACT
M-1-A-2 AND THE SOUTH PART OF TRACT B-1-A, LUBBOCK, TEXAS;
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 2040 Future Land Use Plan is a guide to help the Lubbock
Planning and Zoning Commission and the 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 2040 Future Land Use Plan,
which protects the 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.3435
SECTION 1. THAT Ordinance No. 7084 and the Official Zoning Map are
amended as follows:
A change of zoning under the provisions of Section 40.01.005 of the Code of
Ordinances of the City of Lubbock from C-3 and C-3 Specific Use to AM zoning
district at 4413 4th Street and 415 Raleigh Avenue, located south of 4th Street
and east of Raleigh Avenue, Rushland Park Addition, Tract M-1-A-2 and the
south part of Tract B-1-A, City of Lubbock, Lubbock County, Texas.
SECTION 2. 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 3. 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 4. THAT the City Secretary is hereby authorized to cause publication
of the descriptive caption of this Ordinance as an alternative method provided by law.
AND IT IS SO ORDERED.
Passed by the City Council on first reading on June 22, 2021
Passed by the City Council on second reading on July 13, 2021
f"
DANIEL M. POPE, MAYOR
ATTEST:
'w". N -
Rebe ca Garza, City Seck tary
Zone Case No. 3435
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APPROVED AS TO CONTENT:
Bry sham, irector of Planning
APPROVED AS TO
Amy
vw/cityatt/Kelli/ZoneCase/ZC3435
June 1, 2021
Zone Case No. 3435
Page - 3