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HomeMy WebLinkAboutOrdinance - 2011-O0048 - Amending Zoning Ordinance 7084. Zone Case 3154 - 05/31/2011First Reading May 31, 2011 Item No. 6.3 ORDINANCE NO. 2011-00048 ------- Second Reading June 9, 2011 Item No. 5.16 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 3154; A ZONING CHANGE FROM T TO C-3 SPECIFIC USE FOR AN INDOOR/OUTDOOR SPORTS CENTER ON LOTS 1 AND 2, SPEEDY ACRES ADDITION, 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 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: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: ZONE CASE NO. 3154 SECTION 1. 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 T to C-3 Specific Use for an indoor/outdoor sports center on Lots 1 and 2, Speedy Acres Addition, City of Lubbock, Lubbock County, Texas, located at 11703 Indiana Avenue and 3311 116th Street, subject to conditions, and being further described as follows: SUBJECT TO THE FOLLOWING CONDITIONS: 1. THAT the rc<111cst is tied to the site phm as proposed. SECTION 2. Tl IAT the granting or this specific use zoning is hereby made subject to compliance \Vith all provisions of Zoning Ordinance No. 7084. as amended, including particularly. but not limited to, Section •--IU.03 .3101 of the Codi tied Zoning Ordinance, which provides that a Building Permit shall be applied for and secure<l within thirty (30) months of the cffccti vc date or the 1,one c hangc or al I undeveloped property I shall automatically revert hack to the previous zoning dassi fication. which in this case is the T zone district; and if such reversion occurs. the Director of Planning is direct.:d to remove from the Zoning Map the legend indicating such specific use. The Specific Use authorized by this Ordinance is permitted under provision of Sect ion 40.0J .JI 0 1- 40.03 .3103 of Codified Zoning Ordinance No. 7084 llll the property described us 11703 Indiana Avenue and 3311 116th Street. City or Lubbock. Lubbock County. Texas. SECTION 3. THAT \'iolation of any provision of this Ordinance sh al I bt: deemed a misdemeanor punishable by line not to excceJ Two ThousanJ and No/I OU Dollars ($2,000.00) as provided in Section 40.01 .006 or 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 this Ordinance shall not be affected thereby. SECTION 5. THAT the City Secretary is hereby authorizcJ to cause publication of the descripti ve caption of this Ordinance as an altcrnati\'C rncthud pro\'iJi.:d by law. AND IT IS SO ORDERED. Passed by the City Council on first rc:.1ding on May 31. 2011 -----~-~------- Passed by the City Council on scconJ reading on ____ J_u_n_e_9....:,._2_0_1_1 ____ _ ATTEST: TOtv(MARTIN. MAYOR %one Case No. 315./ page -~ of 3 APPROVED AS TO CONTENT: _.c.,~~~-~W'.d:i~~--L..:l6c>rR~'4) -Randy Henson, o· ector of Planning APPROVED AS TO FORM: ~ Chad Weaver Assistant City Attorney vw/CityAtt/ClladlZ011cs/ZC3 154 May 5, 2011 Zone Case No. 315-1 page-3 of 3