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HomeMy WebLinkAboutOrdinance - 2012-O0097 - Amending Zoning Ordinance 7084. Zone Case 3181 - 08/23/2012First Reading August 23, 2012 Item No. 6.9 ORDINANCE Noio12-00097 Second Reading September 13, 2012 Item No. 5.31 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 3181; A ZONING CHANGE FROM R-1 AND T TO C-3 AND GO ZONING DISTRICT ON 22.9 ACRES OF UNPLATTED LAND, 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, 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 i the body of this Ordinances 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. 3181 SECTION 1. 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 AND T to C-3 and GO zoning district on 22.9 acres of unplatted land, City of Lubbock, Lubbock County, Texas located at north of Erskine Street and west of Frankford Avenue, subject to conditions and being further described as follows: METES AND BOUNDS DESCRIPTION: Attached as Exhibit "A". SUBJECT TO THE FOLLOWING CONDITIONS: 1. THAT for the Garden office tract, prior to subdivision, a common access easement for the tracts shall be granted should TxDOT not allow a proposed tract and individual curb return. During platting at least one street should be allowed to the interior of the property . The access casements shall be from the north and south lines or from street to street, whichever occurs. SECTION 2. THAT violation of any pro v1s1ons 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. SECTTON 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. SECTI ON 4. THAT the City Secretary is hereby authorized to cause publication of the descriptive capti on of this Ordinance as an alternati ve method provided by law. AND IT IS SO ORDERED. Passed by the City Council on first reading on August 23, 2012 -~-------------- Passed by the City Council on second reading on _s_e_p_t_e_m_b_e_r_l_3_, _2_0_1_2 ____ _ ATTEST: APm S Tr;;~:_ Randy Henson irector of Planning Chad Weaver Assistant City Attorney vw/Cityf\tv'Chad/Zoncshc31 SI August 2. 2012 Zone Case No.3 18/ page -2 o/2