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HomeMy WebLinkAboutOrdinance - 2018-O0017 Zone Case 1986-D - Amending Zoning Ordinance No. 7084 - 01/25/2018First Reading January 25, 2018 Item No. 7.2 •'I a 2111 Second Reading February 8, 2018 Item No. 7.3 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 1986-D; A ZONING CHANGE FROM C-3 TO C-3 SPECIFIC USE FOR A YOUTH BIRTHDAY VENUE, ON LOT 6, BLOCK 1, HILLCREST 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, 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. 1986-D 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-3 to C-3 Specific Use for a youth birthday venue on Lot 6, Block 1, Hillcrest Addition, City of Lubbock, Lubbock County, Texas, located at 4821 34" Street, subject to conditions. SUBJECT TO THE FOLLOWING CONDITIONS: 1. THAT because there is not a defined parking requirement for birthday venues, staff is recommending a parking ratio of 1 space for every 200 square feet of gross floor area; 2. THAT the property be tied to the proposed site plan; 3. THAT all other C-3 zoning requirements must be met; and 4. THAT screening is required to the South, adjacent to residential property. 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-3 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 4821 341h 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 No1100 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. AND IT IS SO ORDERED. Passed by the City Council on first reading on January 25, 2018 , Passed by the City Council on second reading on February 8, 2018 DANIEL M. POPE, MAYOR Zone Case No. 1986-D page -2of3 i ATTEST: I Reb &caGarza, City Secr tn I I APP OVED AS TO CONTENT: Lata Krishnarao, Interim Director of Planning APPROVED AS TO FORM: Justin . Pr 'tt, Assi, tart City A orney vw1CityAtt/JustiniZonestZC 1986-D January 9, 2018 I Zone Case No. 1986-D page - 3 of 3