HomeMy WebLinkAboutOrdinance - 2012-O0004 - Richard Zamora Jr. For Zoning Change From R-1 And C-2 To C-3. - 01/12/2012First Reading
January 12, 2012
Item No. 6.3
ORDINANCE NO. 2012-00004
Second Reading
January 26, 2012
Item No. 5.27
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 3170; A ZONING CHANGE FROM R-1 AND C-2 TO
C-3 ZONING DISTRICT FOR DETAIL SHOP AND PARKING LOT ON THE
NORTH 49.65 FEET OF LOT 12, BLOCK 27 MODERN MANORS RESUB,
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, the 1986 Comprehensive Land Use Plan as amended is a guide to
help the Lubbock Planning and Zoning Commission and City Council determine the
physical development of the community; however, planning is a continuous process and
change is inevitable; and
WHEREAS, the Lubbock Planning and Zoning Commission and City Council
recognize that the zone change is a minor deviation from the 1986 Comprehensive Land
Use Plan as amended, which protects public and private commitments that have been
previously based on the Plan; and
WHEREAS, all conditions precedent required by law for a valid amendment to
he Zoning Ordinance and Map have been fully compiled with, including giving notices
n compliance with Section 40.01.005 of the Code of Ordinances, City of Lubbock,
Iexas, and the notices provided by the Texas Local Government Code §211.007 (Vernon,
990), and notice was duly published in the Lubbock Avalanche -Journal more than
ifteen (15) days prior to the date of the public hearing before the City Council on such
,roposed amendment, and the public hearing according to said notice, was held in the
'ity Council Chamber of the Municipal Building, Lubbock, Texas, at which time persons
ppeared in support of the proposal; and after said hearing, it was by the City Council
letermined 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
he body of this Ordinances and this Ordinance having been introduced prior to first
eading hereof; NOW THEREFORE:
3E IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
ZONE CASE NO. 3170
SECTION 1. THAT Ordinance No. 7084 and the Official Zoning Map are
emended 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 and C-2 to C-3 zoning district for
detail shop and parking lot on the north 49.65 feet of Lot 12, Block 27
Modern Manors Resub, City of Lubbock, Lubbock County, Texas located at
4805 Detroit Avenue, subject to conditions and being further described as
follows:
SUBJECT TO THE FOLLOWING CONDITIONS:
1. THAT the zone change be tied to the proposed site plan;
2 THAT the zone change to C-3 be restricted to the one requested use
(car wash) and permitted C-2 uses;
3 THAT no parking shall be enforced on the parkway;
4 THAT the new operator should install curbing at the property line,
either a four inch (4") sill or four inch (4") traffic bumpers from the
north curb cut to an area adjacent to the commercial zoning to the
west;
5. THAT a fence along Detroit Avenue shall be six feet (6') tall across
from the adjacent residential with no curb cuts on the lot included in
this request; and
6 THAT one (1) curb cut shall be allowed just south of the rezoned lot
on Detroit Avenue, and a curb cut shall be allowed on Detroit Avenue
across from the existing commercial to the west.
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.
Zone Case No. 31 ?0
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AND IT IS SO ORDERED.
Passed by the City Council on first reading on ,January 12, 2012
Passed by the City Council on second reading on January 26, 2012
TOM MARTIN, MAYOR
ATTEST:
Reb ca Garza, City Secretar
APP AS TO CO TENT:
m I f
._
Ra4 Henson, D' ctor of Planning
APPRQV ,D A TO FORM:
Chad Weaver
Assistant City Attorney
vw/CityAtt/Chad/Z.ones/zc3170 (Amended)
December 1, 2011
Zone Case No. 3170
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