HomeMy WebLinkAboutOrdinance - 2012-O0087 - Amending Zoning Ordinance 7084. Zone Case 3177 - 08/23/2012II l i0rdinance No. 2012-00087
1[First Reading
!,August 23, 2012 Second Reading
September 13, 2012
Item No. 5.26 illtem No. 6.4
i! 11 11
ij ORDINANCE NO. 2012-00087
!! AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE I OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
I CHANGES: ZONE CASE NO. 3177; A ZONING CHANGE FROM R-1 TO C-4
i ZONING DISTRICT LIMITED TO A GREENHOUSE, PLANT NURSERY AND
ALL UNCONDITIONALLY PERMITTED C-3 USES, ON 8.54 ACRES OF
UNPLA TIED LAND OUT OF BLOCK AK, SECTION 42, LUBBOCK, TEXAS;
1 PROVIDING A PENAL TY; SUBJECT TO CONDITIONS; PROVIDING A SA VINOS
L CLAUSE AND PROVIDING FOR PUBLICATION. li :1
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
I
I WHEREAS, the 1986 Comprehensive Land Use Plan as amended is a guide to
i 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
i the Zoning Ordinance and Map have been fully complied with, including giving notices
I 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
1 fifteen (15) days prior to the date of the public hearing before the City Council on such
1 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 hereinaller 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. 3177
SECTION l. THAT Ordinance No. 7084 and the Official Zoning Map are
amended as follows:
'I
.I ' I
i I!
i
II I
I
I I,
ii I'
J!
I
I!
II !I
II
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 to C-4 zoning district limited to a
greenhouse, plant nursery and all unconditionally permitted C-3 uses on 8.54
acres of unplatted land out of Block AK, Section 42, City of Lubbock, Lubbock
County, Texas, located at 2801 Alcove Avenue, subject to conditions, and being
further described as follows:
METES AND BOUNDS DESCRIPTION: Attached as Exhibit "A".
SUBJECT TO THE FOLLOWING CONDITIONS:
1.
2.
THAT the change be tied to the site plan.
THAT the requirements for a screening fence be delayed pending
development of adjacent lots.
1 SECTION 2. THAT violation of any provision of this Ordinance shall be deemed
i a misdemeanor punishable by fine not to exceed 'J\vo Thousand and No/ lOO 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
1 of the descriptive caption of this Ordinance as an alternative method provided by law.
AND IT IS SO ORDERED.
I ' Passed by the City Council on first reading on _A_u__;;g;._u_s_t_2_3_,_20_1_2 _______ _
Passed by the City Council on second reading on September 13, 2012
ATTEST:
G
Zone Case No. 3177
page-2 of 3
/\PPROVED AS TO 'ONTENT:
11 14-.
Randy Hens 1 • Director of Planning
I APPROVED AS TO FORM:
~
'had Weaver
Assistant City Attorney
I
v11·/C1tyA1t/Chml/Z11ncs//.C3 177
1\uc!ll,t :? , 20 12
Zone Case No. 31 77
pa~e-3 of 3