HomeMy WebLinkAboutOrdinance - 2003-O0060 - Amending Ordinance Zone Case 2975 Specific Use For Sales Lot - 05/22/2003First Reading
May 22, 2003
Item No. 47
ORDINANCE NO. 2003-00060 -------
Second Reading
June 12, 2003
Item No. 26
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 2974; A ZONING CHANGE FROM ffil TO IHI
SPECIFIC USE FOR A SALES LOT ON TRACT A, TRADER'S DEPOT
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 compiled 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
Ordinances 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. 2974
SECTION 1. THAT Ordinance No. 7084 and the Official Zoning Map are
amended as follows:
A change of zoning from IHI with conditions, to IHI Specific Use for a sales lot
under provisions of Section 29-24 of the Code of Ordinances of the City of
Lubbock on Tract A, Trader's Depot Addition, City of Lubbock, Lubbock
County, Texas, located south from the proposed Marsha Sharp Freeway (4th
Street) to 7th Street between Ave. E and Ave. G, and subject to conditions.
SUBJECT TO THE FOLLOWING CONDITIONS:
a. That this Specific Use Permit shall be a temporary instrument subject to the
discussion and decision outlined in Condition #f.
b. That the physical layout and outside display of sales items will remain
substantially as indicated on the site plan.
c. That the entire parcel shall be maintained free of weeds and trash.
d. That no individual vendors will be allowed on the property, items on the
parcel for sale as consignment shall be managed by the applicants except to
allow a farmer's market.
e. That the City Council shall review the operation every three years to verify
compliance with the site plan, property maintenance, and status of Marsha
Sharp Freeway construction.
f. At a time within three years after one of the review procedures outlined above
where the City Council determines that the citizens of Lubbock will be better
served by redevelopment of a portion or the entire parcel being redeveloped
for commercial versus the outdoor industrial sales areas, the zoning on the
area so designated shall revert to Interstate Commercial zoning and all
outdoor display shall cease.
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 IHI zone districts; 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 Tract A, Trader's
Depot 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 llllconstitutional 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 this 22nd day of ___ Ma~y ___ , 2003.
Zone Case No. 2974
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ATTEST:
~RkAO-<-~~ Re~a Garza, City Secretary
Randy
Linda L. Chamales, Supervising Attorney
Office Practice
sh/cityatt/Linda/ZoneCases/ZC2255-L& CCOOC/ZC2974
May7,2003
Zone Case No. 2974
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