HomeMy WebLinkAboutOrdinance - 2003-O0096 - ZONE CASE NO. 2173-D - 08/28/2003?irst Reading
august 28, 2003
Item No. 59
ORDINANCE NO. 2003-00096
Second Reading
September 18, 2003
Item No. 44
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 2173-D; A ZONING CHANGE FROM C-2 AND C-4
SPECIFIC USE TO C-3 SPECIFIC USE FOR SET BACK ON TRACTS M-2, M-3
AND L-1-B (LESS THE WEST 110 FEET) AND TO C-4 SPECIFIC USE FOR
MINI -WAREHOUSES ON THE WEST 110 FEET OF TRACT L-1-B,
WHISPERWOOD 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 29-24 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.2173-D
SECTION 1. THAT Ordinance No. 7084 and the Official Zoning Map are
amended as follows:
A change in zoning under the provisions of Sections 29-29 and 29-24 of the Code
of Ordinances of the City of Lubbock from C-2 and C-4 Specific Use zoning to
C-3 Specific Use on tracts M-2, M-3, and L-1-B (less the west 110 feet) for set
back and to C-4 Specific Use for mini -warehouses on the west 110 feet of Tract
L-1-B, Whisperwood Addition, City of Lubbock, Lubbock County,
Texas, located at 103 and 119 W. Loop 289 and 220 Slide Road, and subject to
the following conditions:
SUBJECT TO THE FOLLOWING CONDITIONS FOR C-3 SPECIFIC USE:
That structures shall be a minimum of twenty feet from the proposed
future right-of-way line illustrated on Site Plan 2173-D.
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 29-24 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-2 zone districts; 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 29-24(c)(25) and
29-24(c)(24) of Codified Zoning Ordinance No. 7084 on the property described as
Tracts M-2, M-3 and L-1-B, Whisperwood Addition, 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 29-31 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.
Zone Case No. 2173-D
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AND IT IS SO ORDERED.
Passed by the City Council on first reading this 28th day of August , 2003.
Passed by the City Council on second reading this 18th day of Septembers, 2003.
ATTEST:
Reb cca Garza, City Secretary
APPROVED AS TO CONTENT:
Randy Henso enior Planner
APPROVED AS TO FORM:
Linda L. Chamales, Supervising Attorney
Office Practice
Ke/ccdoes/ZC2173-D
August 18, 2003
MARC ITcDOUGAL, MAYOR
Zone Case No. 2173-D
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