HomeMy WebLinkAboutOrdinance - 2013-O0021 - Zone Case 3096 Unplatted Land - 03/14/2013irst Reading
ebruary 28, 2013
tem No. 6.6
Second Reading
March 14, 2013
Item No. 5.20
ORDINANCE NO. 2013-00021
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
FFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
HANGES: ZONE CASE NO.3096; A ZONING CHANGE FROM C-3, GO, AND R-
TO C-3 SPECIFIC USE, ON 24.763 ACRES OF UNPLATTED LAND OUT OF
LOCK E-2, SECTION 25, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS;
ZOVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING
JR PUBLICATION.
WHEREAS, the proposed changes in zoning as hereinafter made have been duly
sented to the Planning and Zoning Commission for its recommendation which was
eived by the City Council and, after due consideration, the City Council found that due
changed conditions, it would be expedient and in the interest of the public health,
ety and general welfare to make those proposed changes in zoning; and
j 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.3096-A
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, GO, and R-1 to C-3 Specific Use
on 24.763 acres of unplatted land out of Block E-2, Section 25, City of
Lubbock, Lubbock County, Texas, located at 114th Street and Slide Road,
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 zone change is tied to the site plan for outside display
locations, the sign on Slide Road, and the 1 to 250 parking ratio for
the Wal-Mart store.
2. THAT the zone change is tied to the building elevations as presented
in ZC 3096A
3. THAT the Garden Center shall be enclosed with a wrought iron fence.
SECTION 2. THAT the granting of this specific use zoning is hereby made
ibject to compliance with all provisions of Zoning Ordinance No. 7084, as amended,
eluding particularly, but not limited to, Section 40.03.3102 of the Codified Zoning
rdinance, which provides that a Building Permit shall be applied for and secured within
irty (30) months of the effective date of the zone change or all undeveloped property
call automatically revert back to the previous zoning classification, which in this case is
e 3096-A zone district; and if such reversion occurs, the Director of Planning is
rected to remove from the Zoning Map the legend indicating such specific use. The
)ecific Use authorized by this Ordinance is permitted under provision of Section
1.03.3101-40.03.3103 of Codified Zoning Ordinance No. 7084 on the property
;scribed as 1141h Street and Slide Road, City of Lubbock, Lubbock County, Texas.
SECTION 3. THAT violation of any provision of this Ordinance shall be deemed
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
ubbock.
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 February 28, 2013
Passed by the City Council on second reading on March 14, 2013
GL . R_OIfEKTSON, MAYOR
Zone Case No. 3096-A
page - 2 of 3
ATTEST:
Rebe ca Garza, City Secretary
APPROVED AS TO CONTENT:
ZkP4S6/`
Randy Henson, Di' for of Planning
APPROVED AS TO FORM:
Chad Weaver
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