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HomeMy WebLinkAboutOrdinance - 2012-O0088 - Amending Zoning Ordinance 7084. Zone Case 3178 - 08/23/2012II 11 I First Reading August 23, 2012 Item No. 6.5 Second Reading September 13, 2012 Item NO. 5.27 ORDINANCE NO. 2012-00088 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING : CHANGES: ZONE CASE NO. 3178; A ZONING CHANGE FROM R-1 TO A-2 i ZONING DISTRICT ON 24 ACRES OF UNPLATTED LAND OUT OF BLOCK AK, SECTION 43, LUBBOCK, TEXAS; PROVIDING A PENALTY; SUBJECT TO CONDITIONS; PROVIDING A SA VINOS 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 detennine 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 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: I BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: II ; ZONE CASE NO. 3178 SECTION I. 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 R-1 to A-2 zoning district on 24 acres of 11 _,: i' •I !t ii ' I I, unplatted land out of Block AK, Section 43, City of Lubbock, Lubbock County, Texas located at north of 34th Street and west of Milwaukee Avenue, subject to conditions and being further described as follows: METES AND BOUNDS DESCRIPTION: Attached as Exhibit "A". SUBJECT TO THE FOLLOWING CONDITION: 1. THAT prior to development, the Commission shall consider a site plan for curb cuts for both streets and private curb cuts -one for the area along 34•h Street and one for the area along Milwaukee, at a future date. They may occur at different time periods. 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/I 00 , Dollars ($2,000.00) as provided in Section 40.01.006 of the Zoning Ordinance of the City ' ! of Lubbock. i ii SECTION 3. THAT should any paragraph, sentence, clause, phrase or word of 'i this Ordinance be declared unconstitutional or invalid for any reason, the remainder of Ii 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 _A_u..;;.gu_s_t_2_3_, _2_0_1_2 ______ _ I Passed by the City Council on second reading on September 13, 2012 ATTEST: Zone Case No. 3178 page-2 o/3 I APPROVED AS TO CONTENT: ~s~ of Planning APPROVED AS TO FORJv1: 11 ~~ Chad \\ caver Assistant City Allorncy VII'/( 'ityi\11/( 'h:nlli'.onc,/zd 178 August ~. ~O 12 Zone Case No. 3178 /lCl~l! -.1 of J