HomeMy WebLinkAboutOrdinance - 2012-O0094 - Amending Zoning Ordinance 7084. Zone Case 2189-C - 08/23/2012I
First Reading
August 23, 2012
Item No. 6.3
ORDINANCE NO.2012-00094
Second Reading
September 13, 2012
Item No. 5.25
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 2189-C; A ZONING CHANGE FROM C-3 TO C-4
SPECIFIC USE LIMITED TO A HOME IMPROVEMENT CENTER AND ALL
UNCONDITIONALLY PERMITTED C-3 USES, ON 3.648 ACRES OF
UNPLATTED LAND OUT OF BLOCK E, SECTION 9, LUBBOCK, TEXAS;
SUBJECT TO CONDITIONS; 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
I 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 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 Ordinance and this Ordinance having been introduced prior to
! first reading hereof; NOW THEREFORE:
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BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
ZONE CASE NO. 2189-C
SECTION I. THAT Ordinance No. 7084 and the Official Zoning Map are
amended as follows:
A change of zoning under provisions of Section 40.01.005 of the Code of
Ordinances of the City of Lubbock from C-3 to C-4 Specific Use limited to a
home improvement center and all unconditionally permitted C-3 uses on
3.648 acres of unplatted land out of Block E, Section 9, City of Lubbock,
Lubbock County, Texas, subject to conditions and being further described as
follows:
METES AND BOUNDS DESCRIPTION: Attached as Exhibit "A".
SUBJECT TO THE FOLLOWING CONDITIONS:
I. THAT the zone change be tied to the proposed site plan. A gate will
be installed even with the structure on the North and South. All
outside or shed storage shall be beside or behind the store.
2. THAT the facade shall conform with the conceptual photo of the store
front.
SECTION 2. THAT the granting of this specific use zoning is hereby made
subject to compliance with all provisions of Zoning Ordinance No. 7084, as amended,
including particularly, but not limited to, Section 40.03.3102 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 C-3 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 40.03.3101-
40.03.3103 of Codified Zoning Ordinance No. 7084 on the property described as 3.648
acres of unplatted land out of Block E, Section 9, 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 40.01.006 of the Zoning Ordinance 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
1 this Ordinance shall not be affected thereby.
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if SECTION 5. THAT the City Secretary is hereby authorized to cause publication
!I of the descriptive caption of this Ordinance as an alternative method provided by law.
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![ AND IT IS SO ORDERED.
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I[ Passed by the City Council on first reading on _A_u_..g:....u_s_t _2_3...:,,_20.;...l;;;...2 _______ _
ti Passed by the City Council on second reading on September 13, 2012
Zone Case No. 2189-C
page -2 of3
ATTEST:
APPROVED AS TO CONTENT:
AP~z=
1-------'---------I' Chad Weaver
Assistant City Attorney
vw/CityAtllChau/7.oncs/lC2 I 89-C
All!_\llsl 6, 2012
Zone Case No. 2 I 89-C
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