HomeMy WebLinkAboutOrdinance - 2009-O0078 - Amendment Of Ordinance For Zoning Change R-3 To C-3: Zone Case 3067A - 08/27/2009First Reading
August 27, 2009
Item No. 6.4
ORDINANCE NO. 2009-00078
Second Reading
September 10, 2009
Item No. 5.15
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND
THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 3067-A; A ZONING CHANGE FROM R-3 TO C-3
SPECIFIC USE FOR FOOD STORE RETAIL SALES AND RESTAURANT ON 2.09
ACRES ON TRACT 1B2, OVERTON PARK 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 29-29 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 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. 3067-A
SECTION 1. THAT Ordinance No. 7084 and the Official Zoning Map are
amended as follows:
A change of zoning under provisions of Section 29-24 of the Code of
Ordinances of the City of Lubbock from R-3 to C-3 Specific Use for food store
retail sales and restaurant on 2.09 acres on Tract 1112, Overton Park
Addition, City of Lubbock, Lubbock County, Texas, located at 902 Avenue X,
subject to conditions, and being further described as follows:
SUBJECT TO THE FOLLOWING CONDITIONS:
1. THAT the project will be substantially tied to the site plan as
proposed, with minor alterations to make the parcel work;
2. THAT the request is tied to the building profiles and materials
analysis included with the application;
3. THAT the Planning Commission shall approve a final landscape
plan. The applicant has proposed a partial screening wall for the
parking lot, with landscape materials and walkways in the gaps.
That proposal needs to be made more firm and reviewed by the
Planning Commission prior to any construction permit; and
4. THAT in conjunction with the previous condition, the Planning
Commission shall review any site plan, building elevation or
materials prior to the issuance of a construction permit on any
portion of the site.
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-3 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 902
Avenue X, 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.
Zone Case No. 3067-A
page -2of3
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 27th day of August , 2009.
Passed by the City Council on second reading this loth day of September , 2009.
I:T 0IF910yo
RebeccaCk Garza, City Secretary
APPROVED AS TO CONTENT:
44 4 �� -s6TK--
Randy Hensont Director of Planning
APPROVED AS TO FORM:
Chad Weaver
Assistant City Attorney
vw/CityAtt/Chad/Zones/ZC3067-A
August 6, 2009
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TOM MARTIN, MAYOR
Zone Case No. 3067-A
page -3of3
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THE STATE OF TEXAS mot/-e
COUNTY OF LUBBOCK
Before me Wendy J. Knox a Notary Public in and for Lubbock County, Texas on this
day personally appeared Mary Elizabeth George of the Southwestern Newspaper
Corporation, publishers of the Lubbock Avalanche-Joumal - Morning, and Sunday, who being by me duly sworn
did dispose and say that said newspaper has run continuously for more than fifty-two weeks prior to the first
insertion of this Legal Notice
No. at Lubbock County, Texas and the attached
printed copy of the Legal Notice _ is a true copy of the original and was printed in the Lubbock
Avalanche-Joumal on the following dates:1 I�� ` , �2C;� `� �0Lk Xf-C&_ '?�� • l
LUBBOCK AVALANCHE -JOURNAL
Moms Communication Corporation
Subscribed and sworn to before me this
FORM 58-10
1A Z f 16d4d. Klo�_
NOTARY PUE*I'd in and for the State of Texas
my commission Expires 412812012
day of
N
WENDYJ.KNOX
I NOTARY PUBLIC
State of Texas
Comm. Exp. 04-28-2012