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HomeMy WebLinkAboutOrdinance - 2004-O0010 - Amending Ordinance To Make Changes: Case 2996 For Retail Development; Outdoor - 01/08/2004First Reading January 8" 2004 Item. No. 42 ORDINANCE NO. 2004-oOOIO Second Reading January 22, 2004 Item No. 21 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2996; A ZONING CHANGE FROM R·l TO C·3 SPECIFIC USE FOR A RETAIL DEVELOPMENT AND OUTDOOR ACTIVITY AREA ON 6.4 ACRES OUT OF SECTION 1, BLOCK At 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 1 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 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 on R-1 is a minor deviation from the 1986 Comprehensive Land Use Plan and attempt to protect 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 29-24 of the Code of Ordinances, City of Lubbock, Texas, and the notices provided by the Texas Local Government Code §211.007 (Vernon, 1 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. 2996 SECTION I. THAT Ordinance No. 7084 and the Official Zoning Map are amended as follows: A change of zoning from R-1 to C-3 Specific Use for a retail development and outdoor activity area under provisions of Section 29-24 ofthe Code of Ordinances of the City of Lubbock on 6.4 acres of unplatted land out of Section 1, Block A, City of Lubbock, Lubbock County, Texas, located south of East Emory Street and west of Martin Luther King Jr. Blvd., subject to conditions, and being further described as follows: METES AND BOUNDS DESCRIPTION: Attached as Exhibit "A". SUBJECT TO THE FOLLOWING CONDITIONS: 1. THAT the portion of the property used for the outdoor activities shall be limited to weddings, family reunions, graduations, birthday parties and family or business parties. 2. THAT the property owner will not be eligible for a liquor permit in conjunction with the weddings, family reunions, graduations, birthday parties and family or business parties. 3. THAT any music or amplification at a function must be kept at a level that is contained on the property. Any violation of this condition will be treated as a nuisance by the Police Department and a zoning violation by the Business and Neighborhood Development Department. 4. THAT should the business providing for outdoor activities be discontinued, the Specific Use Permit shall expire and the zoning will be C-3. 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 6.4 acres of unplatted land out of Section 1, Block A, City of Lubbock, Lubbock County, Texas. Zone Case No. 2996 page-2 of4 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 1 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. AND IT IS SO ORDERED. Passed by the City Council on first reading this 8th day of __ J:...;;;an=ua=ry:.£_ __ , 2004. ATTEST: ~~'6-Rebecca Garza, City Secretary Zone Case No. 2996 page-3 of 4 APPROVED AS TO CONTENT: APPROVED AS TO FORM: . ;/ /'/ /"' /;? . -···-*--L. (_ h~~ ... -<1:...._~-~/ Linda L. Chamales Supervising Attorney Office Practice 1 as/cityatt/Linda/ZoneCases/ZC2996 i December 15, 2003 Zone Case No. 2996 page-4 of4 Ordinance No. 2004-oOOlO Exhibit "A"