HomeMy WebLinkAboutOrdinance - 2013-O0097 - Zone Case 9210O - 10/24/2013First Reading Second Reading
October 24, 2013 November 7, 2013
Item No. 6.2 Item No. 5.17
ORDINANCE NO. 2013-00097
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 921-0; A ZONING CHANGE FROM C-3 TO C-4
ZONING DISTRICT ON LOT B, LESS THE SOUTHEAST PORTION,
BRIERCROFT 2Nn ADDITION, 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.921-0
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 to C-4 zoning district on Lot B, less
the southeast portion, Briercroft 2"d Addition, City of Lubbock, Lubbock
County, Texas located at 5300 Avenue Q, subject to conditions and being further
described as follows:
SUBJECT TO THE FOLLOWING CONDITIONS:
THAT the parcel shall be limited to the following C-4 uses and all
permitted C-3 uses:
a. (1) Any use unconditionally permitted in the "C-2A", "C-2" or
"C-3" Districts.
b. (3) Ambulance service.
C. (9) Barber and beauty shop supply dealer.
d. (14) Cafe Supply Dealer, Fixtures, Used (All merchandise must
be in a building).
e. (16) Canvas goods shop, tents and awnings (no manufacturing).
f. (18) Consignment clothing store. (No outside storage or display).
g. (20) Dance hall (no mixed alcoholic beverage sales permitted).
h. (22) Feed store with no grinding, packaging, or mixing of feed
permitted.
i. (23) Frozen food lockers.
j. (24) Furniture store, used. (All merchandise must be in a
building).
k. (25) Game room, pool, billiard and/or domino parlor.
1. (31) Home improvement center. All materials must be in a
building. However, outside display in conjunction with the on
premises sale of plant material and garden and yard equipment
shall be permitted subject to the regulations of this district.
m. (34) Janitorial or cleaning service.
n. (35) Job printing and lithographing.
o. (36) Laboratory, chemical, general analysis.
p. (37) Laundry, commercial.
q. (38) Linen and towel supply service.
r. (39) Lumber yard, with no mill. All materials must be in a
building.
S. (40) Magazine agency.
t. (41) Mobile home sales.
Zone Case No. 921- 0
page - 2 of 4
U. (42) Monument sales. (Outside display permitted).
V. (45) Nightclub, bar or lounge.
w. (46) Nonprofit training centers with retail sales.
X. (47) Pest control service.
y. (49) Public utility installations such as, but not limited to,
railroad rights -of -way and tracks, transformer stations,
transmission lines, telephone exchanges, lift stations, pumping
stations, but in no event shall this be construed as permitting
such uses as garages and shops, railroad yards, loading yards or
warehouses.
Z. (50) Print shop.
aa. (51) Produce market.
bb. (52) Public kennel (totally within a building).
cc. (53) Rental store.
dd. (55) Restaurants, not including restaurants with the sale of
alcoholic beverages as an incidental use, (business permitted
outside the building).
cc. (57) Secondhand goods store or pawnshop.
ff. (59) Sign shops, limited to window lettering, painted wall signs,
banners and desk signs.
gg. (60) Store fixtures sales (no manufacturing permitted).
hh. (64) Upholstery shop —Furniture.
ii. (65) Veterinary hospital (totally within a building).
jj. (67) Winery Tasting Facility.
2. THAT should a bar, nightclub or lounge be leased in the shopping
center, the applicant shall construct a six foot screening fence on the south
property line of the shopping center.
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 No1100
Dollars ($2,000.00) as provided in Section 40.01.006 of the Zoning Ordinance of the City
of Lubbock.
Zone Case No. 921-0
page - 3 of 4
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 October 24, 2013
Passed by the City Council on second reading on November 7, 2013
GL C. R TSON, MAYOR
ATTEST:
uo-'O'f-e 't Y)<"
Rebe a Garza, City Secret
APPROVED AS TO CONTENT:
Andrew Paxton, Director of Planning
APPV44:FORM: