HomeMy WebLinkAboutOrdinance - 2011-O0038 - Amending Zoning Ordinance 7084. Zone Case 1511-K - 04/28/2011First Reading
April 28, 2011
Item No. 6.1
ORDINANCE NO. 2011-00038
Second Reading
May 10, 2011
Item No. 5.10
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
FFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
HANGES: ZONE CASE NO. 1511-K; A ZONING CHANGE FROM A-1 SPECIFIC
SE AND C-2 SPECIFIC USE TO C-3 SPECIFIC USE FOR A GROCERY STORE
ITH GASOLINE PUMPS AND ALL UNCONDITIONALLY PERMITTED C-2
SES, ON LOTS 1 AND 7, THE VILLAGE ADDITION, LUBBOCK, TEXAS;
UBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS
LAUSE AND PROVIDING FOR PUBLICATION.
WHEREAS, the proposed changes in zoning as hereinafter made have been duly
resented to the Planning and Zoning Commission for its recommendation which was
eceived by the City Council and, after due consideration, the City Council found that due
o changed conditions, it would be expedient and in the interest of the public health,
afety and general welfare to make those proposed changes in zoning; and
WHEREAS, all conditions precedent required by law for a valid amendment to
he Zoning Ordinance and Map have been fully complied with, including giving notices
n compliance with Section 40.01.005 of the Code of Ordinances, City of Lubbock,
exas, and the notices provided by the Texas Local Government Code §211.007
ernon, 1990), and notice was duly published in the Lubbock Avalanche-Journal more
han fifteen ( 15) days prior to the date of the public hearing before the City Council on
uch proposed amendment, and the public hearing according to said notice, was held in
e City Council Chamber of the Municipal Building, Lubbock, Texas, at which time
ersons appeared in support of the proposal; and after said hearing, it was by the City
ouncil determined that it would be in the public interest, due to changed conditions, that
e Zoning Ordinance and the Zoning Map be amended in the manner hereinafter set
orth in the body of this Ordinance and this Ordinance having been introduced prior to
irst reading hereof; NOW THEREFORE:
E IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
ZONE CASE NO. 1511-K
SECTION I. THAT Ordinance No. 7084 and the Official Zoning Map are
ended as follows:
A change of zoning under provisions of Section 40.01.005 of the Code of
Ordinances of the City of Lubbock from A-I Specific Use and C-2 Specific Use
to C-3 Specific Use for a grocery store with gasoline pumps and all
unconditionally permitted C-2 uses on Lots I and 7, The Village Addition, City
of Lubbock, Lubbock County, Texas, located at 4903 Chicago Avenue, subject to
conditions, and being further described as follows:
SUBJECT TO THE FOLLOWING CONDITIONS:
1. THAT a detailed building elevation and site plan showing landscape,
parking and placement of all structures, including any gasoline
pumps/canopy shall be approved by the Planning and Zoning
Commission prior to the issuance of any building permits.
2. THAT the uses shall be limited to a grocery store with gasoline pumps
and all unconditionally permitted C-2 uses.
3. THAT the request shall be tied to the site plan as presented.
SECTION 2. THAT the granting of this specific use zoning is hereby made
ubject to compliance with all provisions of Zoning Ordinance No. 7084, as amended,
ncluding particularly, but not limited to, Section 40.03.3102 of the Codified Zoning
rdinance, which provides that a Building Permit shall be applied for and secured within
hirty (30) months of the effective date of the zone change or all undeveloped property
hall automatically revert back to the previous zoning classification, which in this case is
e A-1 Specific Use and C-2 Specific Use zone district; and if such reversion occurs,
e Director of Planning is directed to remove from the Zoning Map the legend indicating
uch specific use. The Specific Use authorized by this Ordinance is permitted under
rovision of Section 40.03.3101-40.03.3103 of Codified Zoning Ordinance No. 7084 on
e property described as 4903 Chicago Avenue, City of Lubbock, Lubbock County,
SECTION 3. THAT violation of any provision of this Ordinance shall be deemed
misdemeanor punishable by fine not to exceed Two Thousand and Noll 00 Dollars
$2,000.00) as provided in Section 40.01 .006 of the Zoning Ordinance of the City of
ubbock.
SECTION 4. TI-IA T should any paragraph, sentence, clause, phrase or word of
is Ordinance be declared unconstitutional or invalid for any reason, the remainder of
his Ordinance shall not be affected thereby.
SECTION 5. THAT the City Secretary is hereby authorized to cause publication
fthe descriptive caption of this Ordinance as an alternative method provided by law.
AND IT IS SO ORDERED.
assed by the City Council on first reading on ___ ___;;,A=p-=-r=il;;;a.....;;2=8~2--=20=1=1=-------
assed by the City Council on second reading on ____ M_a..._y_l_0_.,_2_0_11 ____ _
TOM MARTIN, MAYOR
Zone Case No.1511-K
page -2 of 3
ATTEST:
IRebcc a Garza. City Secretary I . .
APPROVED AS TO CONTENT:
I
=-/4.-< -✓~ f ./~ /-for (2.t:;(,j
,Randy I enson, Dj~ctor of Planning
APPROVED AS TO FOR 1:
r:;;!__1~~---
Chad Weaver
Assistant City Attorney
,wfCitv i\tt/Chad/Zones/ZC _1 _· -
Zone Case lv'o. I 5 I 1-K
page -3 or 3