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HomeMy WebLinkAboutOrdinance - 2006-O0081 - Amending Zoning Ordinance: Zone Case No. 1193-E; Specific Use Trailer Sales - 07/25/2006First Reading Ju1y 25, 2006 Item No. 6.1 ORDINANCE NO. 2006-00081 Second Reading August 10, 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. 1193-E; A ZONING CHANGE FROM R-1 TO IHC SPECIFIC USE FOR TRAILER SALES AND ALL UNCONDITIONALLY PERMITTED IHC USES ON LOTS 1-4, BLOCK 5, EDSALL 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 29-24 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. 1193-E SECTION 1. THAT Ordinance No. 7084 and the Official Zoning Map are amended as follows: A change of zoning from R-1 to IHC Specific Use for trailer sales and all unconditionally permitted IHC uses under provisions of Section 29-24 of the Code of Ordinances of the City of Lubbock on Lots 1-4, Block 5, Edsall Addition, City of Lubbock, Lubbock County, Texas, located at 4202 North 1- 27, and subject to conditions. SUBJECT TO THE FOLLOWING CONDITIONS: 1. THAT the existing landscape that has been developed along the Interstate shall be maintained in a satisfactory manner and in the current amount. 2. THAT the current amount of graveled surface shall suffice for the required paved surface required for the sales lot. As the sales area expands, a layer of gravel at least one stone deep shall be added to the display area. 3. THAT the front twenty-five feet portion of the parcel, with the exception of the drive, shall be landscaped and shall not be used for display of mobile home units. 4. THAT the current screening fence along Ash shall be maintained. The gate may remain, but shall be closed unless being used to transport a manufactured home into or out of the sales lot. 5. THAT if display or sales occur on the south east lot, the lot shall be graveled and a screening fence shall be installed along Ash Avenue. 6. THAT no screening fence shall be required on the south border of the property, as it will eventually mature as commercial. 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 29-24 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 R-1 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 29-24 (c) (24) of Codified Zoning Ordinance No. 7084 on the property described as Lots 1-4, Block 5, Edsall Addition, 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/100 Dollars ($2,000.00) as provided in Section 29-31 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. Zone Case No.1193-E page-2 of3 AND IT IS SO ORDERED. Passed by the City Council on first reading this 25th day of July Passed by the City Council on second reading this lOt:h day of August , 2006. , 2006. -e /~~4~ DAVID A. MILLER. MAYOR ATTEST: c£..t&Udh~ R(ecca Garza, CitySecre APPROVED AS TO CONTENT: APPROVED AS TO FORM: Linda L. Chamales Senior Attorney Office Practice as/cityatt/Linda/ZoneCases/ZC 1193-E July 6, 2006 Zone Case No.1193-E page-3 of3