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HomeMy WebLinkAboutOrdinance - 2006-O0064 - Amending Zoning To Make Change: Zone Case No. 3059 - 05/25/2006First Reading May 25, 2006 Item Bo. 6.6 ORDINANCE NO. __ 200_6_-0_0~0..;...64-'---_ Second Reading June 8,. 2006 Item No. 5.4 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 3059; A ZONING CHANGE FROM C-3 AND R-2 TO M-1 ZONING LIMITED TO STORAGE AND DISPLAY OF TREES AND ALL PERMITTED C-3 USES, ON WEST 11 FEET OF LOT 8, ALL OF LOT 9 AND EAST HALF OF LOT 10, BLOCK 15, MCCRUMMEN SECOND 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 bearing, 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. 3059 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 C-3 and R-2 to M-1 limited to storage and display of trees and all permitted C-3 uses on west 11 feet of Lot 8, all of Lot 9 and east half of Lot 10, Block 15, McCrummen Second Addition, City of Lubbock, Lubbock County, Texas, located at 1617 22nd Street, and subject to conditions. SUBJECT TO THE FOLLOWING CONDITIONS: 1. THAT the single M-1 use shall be the storage and display of trees with attendant activities necessary to operate the business. Retail sales would be included on the parcel. 2. THAT any other permitted use shall be in the C-3 district. 3. THAT a solid screening fence shall be installed when a residential structure is built on the lot adjoining to the east. A chain link fence for the perimeter of the storage area is a part of the site plan. 4. THAT the zoning be tied to the proposed site plan, with the stipulation that the front 25 feet of the lot be landscaped and not fenced. The proposed office is located within the fenced area. 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. Zone Case No. 3059 page -2of 3 ,. AND IT IS SO ORDERED. Passed by the City Council on first reading this 25th day of Hay Passed by the City Council on second reading this 8th day of .June ATTEST: ~~ Reoecca Garza, City Secretary APPROVED AS TO CONTENT: enior Planner APPROVED AS TO FORM: ~.....,,.· 4 . ---,7, / 4 ~-A_.c_Y C hce~~- Linda L. Chamales Senior Attorney Office Practice as/ CITY A TI/LINOAIZONE CASES/zc3059 May4,2006 Zone Case No. 3059 page-3of3 , 2006. , 2006.