HomeMy WebLinkAboutOrdinance - 2011-O0075 - Amedning Zoning Ordinance 7084. Zone Case 2413-A - 08/25/2011First Reading
August 25, 2011
Item No. 6.9
ORDINANCE NO. 2011-00075
Second Reading
September 8, 2011
Item No. 5.20
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 2413-A; A ZONING CHANGE FROM C-3 TO C-3
SPECIFIC USE AND ALL UNCONDITIONALLY C-3 PERMITTED USES FOR A
CARWASH, ON LOT 4, KLBK ADDITION TO AMEND THE CARWASH SITE
PLAN, 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. 2413-A
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-3 Specific Use and all
unconditionally C-3 permitted uses for a carwash on Lot 4, KLBK Addition
to amend the carwash site plan, City of Lubbock, Lubbock County, Texas,
located at 7401 University Avenue, subject to conditions, and being further
described as follows:
SUBJECT TO THE FOLLOWING CONDITIONS:
1. THAT the requested change be tied to the site plan.
2. THAT the architectural treatment of the building be either stucco or
brick.
3. THAT this request be limited to a car wash with gasoline sales
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 40.03.3l0l-
40.03.3103 of Codified Zoning Ordinance No. 7084 on the property described as 7401
University Avenue, 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/I 00 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
this Ordinance shall not be affected thereby.
SECTION 5. 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-=g_us_t_2_5_, _2_0_1_1 ___ _
Passed by the City Council on second reading on ___ S_e.._p_te_m_b_e_r_a..._, _2_0_1_1 ___ _
TOM MARTIN, MAYOR
Zone Case No. 2413-A
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ATTEST:
APPROVED AS TO CONTENT:
APPROVED AS TO FORM:
Chad Weaver
Assistant City Attorney
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