HomeMy WebLinkAboutOrdinance - 2024-O0113 - Zone Case 1067-G, Helmos Interests LTD - 09/10/2024First Reading
August 27, 2024
Item No. 7.3
Second Reading
September 10, 2024
Item No. 5.25
ORDINANCE NO. 2024-00113
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 2023-00054
AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE
FOLLOWING CHANGES: ZONE CASE NO. 1067-G; A ZONING CHANGE
FROM NC TO NC SPECIFIC USE FOR A SMOKE SHOP, AT 6909, 6911, 6913,
6917, 6923, 6925, 6931, AND 6951 INDIANA AVENUE, LOCATED EAST OF
INDIANA AVENUE AND NORTH OF 70TH STREET, LIBERTY VILLAGE
ADDITION, LOTS 1 - 55 OF TRACT A, LUBBOCK, TEXAS; SUBJECT TO
REQUIREMENTS; 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 39.07.007 of the Unified Development Code, 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. 1067-G
SECTION 1. THAT Ordinance No. 2023-00054 and the Official Zoning Map
are amended as follows:
A change of zoning under provisions of Section 39.07.032 of the Unified
Development Code of the City of Lubbock from NC to NC Specific Use for a
Smoke Shop, at 6909, 6911, 6913, 6917, 6923, 6925, 6931, and 6951 Indiana
Avenue, located east of Indiana Avenue and north of 70th Street, Liberty
Village Addition, Lots 1 - 55 of Tract A, City of Lubbock, Lubbock County,
Texas, subject to requirements.
SUBJECT TO THE FOLLOWING REQUIREMENTS:
1. THAT the Specific Use is limited to one smoke shop on the parcel to
be located at 6913 Indiana Avenue.
SECTION 2. THAT the granting of this specific use zoning is hereby made
subject to compliance with all provisions of Zoning Ordinance No. 2023-00054, as
amended, including particularly, but not limited to, Section 39.07.012 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 NC zone district; 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
39.02.019 and Table 39.02.016-1 of Codified Zoning Ordinance No. 2023-00054 on the
property described as 6909, 6911, 6913, 6917, 6923, 6925, 6931, and 6951 Indiana
Avenue, located east of Indiana Avenue and north of 7011 Street, Liberty Village
Addition, Lots 1 - 55 of Tract A, 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 39.09.004 of the Unified Development Code
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.
AND IT IS SO ORDERED.
Passed by the City Council on first reading on August 27, 2024
Passed by the City Council on second reading on September 10, 2024
MARK W. MCBRAYER, MAYOR
Zone Case No. 1067-G
Page - 2
ATTEST:
-CZU
Courtney Paz, City Secretary
APPROVED AS TO CONTENT:
Sager, Directo� �f Planning
APPROVED AS TO FORM:
//J, ."-
Kelli Leisure, Senior Assistant City Attorney
vw/CityAtt/Kelli/Zones/ZC 1067-G
August 1, 2024
Zone Case No. 1067-G
Page - 3