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HomeMy WebLinkAboutOrdinance - 2013-O0010 - Zone Case 3198 - 02/14/2013First Reading January 31, 2013 Item No. 6.1 Second Reading February 14, 2013 Item No. 5.22 ORDINANCE NO. 2013-00010 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 3198; A ZONING CHANGE FROM R-1 TO C-4 ZONING DISTRICT ON 1.455 ACRES OF UNPLATTED LAND OUT OF BLOCK D6, SECTION 2, LUBBOCK, TEXAS; PROVIDING A PENALTY; SUBJECT TO CONDITIONS; 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 compiled 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 Ordinances 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.3198 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 R-1 to C-4 zoning district on 1.455 acres of unplatted land out of Block D6, Section 2, City of Lubbock, Lubbock County, Texas located at 8602 19`h Street, 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 C-4 uses shall be limited to: a. Uses unconditionally permitted in the C-4 zoning district except: i. Automobile body shops; ii. Billboards; III. Commercial private clubs and teenage clubs; iv. Dancehall; V. Feed store; vi. Used furniture store; vii. Gameroom (except as an incidental use in a restaurant), pool, billiard and/or domino parlor; viii. Motorcycle shop; is. Second-hand goods store or pawn show; X. Used car lot; and xi. Nightclubs. SECTION 2. THAT violation of any provisions of this Ordinance shall be deemed a misdemeanor punishable by a 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 January 31, 2013 Passed by the City Council on second reading on February 14. 2013 ATTEST: II Rebe .a Garza, City Secretary GL RO RTSON,MAYOR Zone Case No. 3/ 98 page - 2 of 3 APPROVED AS TO CONTENT: Randy Henson, Di ctor of Planning APPROVED AS TO FORM: Chad Weaver Assistant City Attorney YWOIyANCh.d unm=198 Jmuan 8, 20I3 Zone Case No. J198 page - 3 of 3