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HomeMy WebLinkAboutOrdinance - 2012-O0092 - Amending Zoning Ordinance 7084. Zone Case 3145-B - 08/23/2012First Reading August 23, 2012 Item No. 6.1 ORDINANCE NO,2012-00092 Second Reading September 13, 2012 Item No. 5.23 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 3145-B; A ZONING CHANGE FROM IHC, IHI, C-4 AND M-1 TO CB-2 AND CB-6 ZONING DISTRICT ON 36.51 ACRES INCLUDING ORIGINAL TOWN LUBBOCK BLOCK 6, 7, 22, 23, 24, 38, 39, 40, 57, 88, 89, LOTS 1-10 BLOCK 73, LOTS 1-10 BLOCK 90, LOTS 11-15 BLOCK 72, CITIBUS TR A, AND JB MOSKINS L I, LUBBOCK, TEXAS; 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 40.01 .005 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 Tl-IE CITY OF LUBBOCK: ZONE CASE NO. 3145-B SECTION I. THAT Ordinance No. 7084 and the Official Zoning Map are amended as follows: A change of zoning under the provisions of Section 40.01.005 or the Code of Ordinances of the City of Lubbock from IHC, 1111, C--t and M-1 to CB-2 and CB-6 zoning district on 36.51 acres including Original Town Lubbock Illock 6, 7, 22, 23, 2-t, 38, 39, -to, 57, 88, 89, Lots t-10 Illock 73, Lots 1-10 mock 90, Lots I I-LS Block 72, Citibus Tr A, and ,JB Moskins L 1. City or Lubhock. Lubbock County, T1.::xas, lncated al cast of Avenue K, south of Marsha Shaq> Freeway, north of 10111 Street, and west of the railroad Right of Way. SECTION 2. THAT violation or any provision of thi s Ordinnncc shall be clecmccl a misdemeanor punishable by line not to exceed Two Thousand and No/100 Dollars ($2.000.00) as provided in Section 40.01.006 of the Zoning Ordinance of the City or 1 1.ubhock. I SECTIO 1 3. THAT should any paragraph. sentcnct.:, dause. phrast' or wnrd or this Ordinance be declared unconstitu1ional or invalid for any reason. the-remainder of this Ordinance shall nul be uffi.:ct<.:d th!.!rcby. 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. !\ND IT IS SO ORDERED. Passed by th~ City Council on lirst r1.::adi11g on August 23,-=2=0-=-12,,,_ ______ _ Passed b~ the City Council on second reading on September 13. 2012 ATTEST: AP PROV ED AS TO CONTENT: Zeme Case No. 3145-B page -2 of 2 APPROVED AS TO FOR\!: _CA!J~ Chad Wi.:aver Assistant City J\ttorncy \' \\'it itya111Chndil.om:Casei/C3 1-1-5-B i\ll[!LlSl :!, 2012 Zone Ca.\'e So. 3 J./5-IJ p(/ge -3 o(:!