HomeMy WebLinkAboutOrdinance - 2011-O0076 - Amending Zoning Ordinance 7084. Zone Case 3162 - 08/25/2011First Reading
August 25, 2011
It em No . 6. 10
ORDINANCE NO._'--20'---1_1-_o--'-0_07_6 __
Second Reading
September 8, 2011
Item No. 5.21
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND TIIF
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKLNG THE FOLLOWING
Cl IANGES: ZONE CASE NO. 3162; A ZONING CHANGE FROM R-2 TO C-3
SPECIFIC USE AND ALL UNCONDITIONALLY C-3 PERMITTED USES FOR
A CARWASH. ON LOTS 6-10, OVERTON ADDITION, LUBBOCK. TEXAS:
SUBJECT TO CONDITIONS: PROVIDTNG A PENALTY; PROVIDTNG 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
m::eived 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 amen<lmcnt to
the Zoning Ordinance and Map have been fully complied with, including giving notices
in compli;:mce with Section 40.0 I .005 of the Code of Ordinances, City or Lubbock.
Texas, and the notices provided by the Texas Local Government Code §211.007
(Vernon, 1990), and notice was July 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 amenJment. 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 atler said hearing, it was by the City
Council determined that it would be in the public interest, uue to changed conditions, that
the Zoning Ordinance and the Zoning Map be amended in the manner hereinafter set
fi:mh in the body of this Ordinance and this Ordinance having been introduced prior to
fast reading hereof: NOW THEREFORE:
UE IT ORDAINED BY Tl IF CITY COUNCIL OF THE CITY OF LUBBOCK:
ZO~E CASE NO. 3162
SECTION 1. THAT Ordinance No. 7084 and the Orticial Zoning Map arc
amended as follows:
A change of zoning under prov1s1ons of Section 40.01.005 of the Code of
Ordinances of the City of Lubbock from R-2 to C-3 Specific Use and all
unconditionally C-.3 permitted uses fc)r a carwash on Lots 6-10, Overton
Addition, City of Lubbock. Lubbock County, Texas, located at north of Mac
Davis Lane and cast of Av1.1nuc R, subject to conJitions, and being furth er
described as follows:
SUB,.JECI' TO THE FOLLOWING CONDITIONS:
1. THAT the requested change be tied to the site plan with live percent
(5%) required landscaping mul no parking within the visibility
triangle
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.J 102 or the Codified Zoning
Ordinance, which provides that a Building Pem1il shall be applied for and secured within
thirty (30) months or the effective date of the zone change or all undeveloped property
shall automaticall y revert back to the previous zoning classification. which in this casl.! is
the R-2 zone district; and if such rewrsion occurs, the Director of Planning is directed to
remove from the Zoning Map the legend indicating such specific use. The Specific Use
authori zed by this Ordinance is permitted under provision of Section 40.03.3101-
40.03.3 I 03 of Codified Zoning Ordinance No. 7084 on the property described as north
of Mac Davis Lane and cast of Avenue R, City of Lubbock. Lubbock County. Texas.
SECTTON 3. Tl IJ\T violation of any provision of this Ordinance shall be deemed
a misdemeanor pw1ishable 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 Ordinanci.: 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 Ordin ance shall not be affected thereby.
SECTION 5. Tl IJ\ T 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 ORDE RED.
Passed by the City Council on first reading on _____ A_u-gu'-s-'--t-'----'2C....S_,,'--2 __ 0_1_1 ___ _
Passed by the City Council on second reading on ____ S_e,,___pt_e_rn_b_e_r_8--,_2_0_1_1 __ _
ATTEST:
TOM7MJ\RTIN. MAYOR
Zone Case No. 3162
page -2 of 3
APPROVED J\S TO CONTENT:
14
Randy Henson. Dircc
J\PPROVED /\S TO FORM:
t:Llb
Chad Weaver
Assistant City Attorney
v,,1CityAtVClmJ//.1111cs/i'.t'3 I 62
August -t. 2011
Zone C a.\·e No. 3161
page-3 of3