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HomeMy WebLinkAboutOrdinance - 2006-O0061 - Amending Zoning To Make Change: Case 3060 Limited To Automoblile Repair - 05/25/2006First Reading May 25,. 2006 Item No. 6.3 ORDINANCE NO. 2006-00061 Second Reading June 8,. 2006 Item Ho. 5.1 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 3060; A ZONING CHANGE FROM T TO C-4 ZONING LIMITED TO AUTOMOBILE REPAIR, SERVICE AND USED VEHICLE SALES, AND ALL UNCONDITIONAL PERMITTED C-3 USES, ON LOT 9, BLOCK 5, RHOADES HEIGHTS 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, the 1986 Comprehensive Land Use Plan as amended is a guide to help the Lubbock Planning and Zoning Commission and City Council determine the physical development of the community; however, planning is a continuous process and change is inevitable; and WHEREAS, the Lubbock Planning and Zoning Commission and City Council recognize that the zone change is a minor deviation from the 1986 Comprehensive Land Use Plan as amended, which protects public and private commitments that have been previously based on the Plan; 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 29-29 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. 3060 SECTION 1. THAT Ordinance No. 7084 and the Official Zoning Map are amended as follows: 1. A change of zoning under the provisions of Section 29-29 of the Code of Ordinances of the City of Lubbock from T to C--4 limited to automobile repair, service and used vehicle sales, and all unconditional permitted C- 3 uses on Lot 9, Block 5, Rhoades Heights Addition, City of Lubbock, Lubbock County, Texas, located at 1516 84th Street, and subject to conditions. SUBJECT TO THE FOLLOWING CONDITIONS: 1. THAT the permitted uses from C-4 shall be limited to "garage, public repair" and "second hand or used car sales" with the total vehicles displayed not to exceed ten. 2. THAT the property otherwise be eligible for development as C-3. SECTION 2. THAT violation of any provision of this Ordinance shall be deemed a misdemeanor punishable by fine not to exceed Two Thousand and No/100 Dollars ($2,000.00) as provided in Section 29-31 of the Zoning Ordinance of the City of Lubbock. SECTION 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. SECTION 4. 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 this 25th day of May Passed by the City Council on second reading this 8th day of June ATTEST: Z:Cme Case No. 3060 page -2 of 3 , 2006. , 2006. APPROVED AS TO CONTENT: APPROVED AS TO FORM: -~C;;Y ~ L--~ Linda L. Chamales Senior Attorney Office Practice as/ CITYA TT/LINDNZONE CASES/zc3060 May 4, 2006 Zone Case No. 3060 page-3 of3