HomeMy WebLinkAboutOrdinance - 2009-O0056 - Amending Zoning Ordinance-Change;Zone Case 2341-B;Lots 18-24,Block 3, Riceland - 06/23/2009First Reading
June 23, 2009
Item No. 6.3
ORDINANCE NO. 2009-00056
Second Reading
July 8, 2009
Item No. 5.7
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 2341-11; A ZONING CHANGE FROM C-3 and R-3
TO C-4 ZONING DISTRICT ON LOTS 18 THROUGH 24, BLOCK 3, RICELAND
ADDITION, LUBBOCK, TEXAS; PROVIDING A PENALTY; SUBJECT TO
EXCLUSIONS; 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 compiled 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
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.2341-B
SECTION 1. THAT Ordinance No. 7084 and the Official Zoning Map are
amended as follows:
A change of zoning under the provisions of Section 29-29 of the Code of
Ordinances of the City of Lubbock from C-3 and R-3 to C-4 zoning district on
Lots 18 through 24, Block 3, Riceland Addition, City of Lubbock, Lubbock
County, Texas located at 1104, 1106, 1108, 1110 Hartford Avenue and 3211
Clovis Road, subject to exclusions and being further described as follows:
SUBJECT TO THE FOLLOWING EXCLUSIONS:
1. Restaurants;
2. Alcoholic beverage outlets;
3. Convenience stores;
4. Grocery stores, bicycle and lawnmower sales and service;
5. Car wash;
6. Gasoline service station;
7. Quick tune shops;
8. Tire, battery and accessory stores;
9. No automobile services or sales activity;
10. Billboards;
11. Dance hall;
12. Game room or pool hall;
13. Garage, public repair;
14. Lumber yard;
15. Motor cycle shop;
16. Portable building sales;
17. Nightclub, bar or lounge;
18. Rental store of any sort;
19. Second hand sales, cars or goods; and
20. Swimming pool sales, commercial or service.
SECTION 2. THAT violation of any provisions of this Ordinance shall be
deemed a misdemeanor punishable by a 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 3. 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 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.
Passed by the City Council on first reading this 23rd day of June , 2009.
Passed by the City Council on second reading this 8th day of July , 2009.
Zone Case No. 2341-B
page - 2 of 3
ATTEST:
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
A" -S an -
Randy Henson, Di t r of Planning
APPR AST FORM:
Chad Weaver
Assistant City Attorney
vxv/CityAtUChad/Zoneslzc2341-B
June 10, 2009
TOM MARTIN, MAYOR
Zone Case No. 2341-B
page - 3 of 3
HE STATE OF TEXAS
:OUNTY OF LUBBOCK
3efore me Wendy I Knox a Notary Public in and for LubbWK County, Texas on this
lay personally appeared Ma_z�= George of the Southwestern Newspaper
:orporatlon, publishers Of the Lubbock Avalanche-Joumal - Morning, and Sunday, who being by me duiy sworn
lid dispose and say that said newspaper has run continuously for more than fifty-two weeks prior to the first
nseitior► of this Le a/ Notice
No. at Lubbock County, Texas and the attached
hinted copy of the
on the following dates:
Announceb*nt
-UBBOCK AVALANCHE -JOURNAL
Morris Communication Corporation
is a true copy of the original and was printed in the Lubbock
NOTARY PU C in and for the State of Texas
my commission Expires 4✓28/2012
Subscribed and sworn to before me this ✓� ` day of -
•.
NOTARY PUBLIC
State of Texas
FORM W10 �+�o;�`'%' Comm. Exp. 04-28-2012
THE STATE OF TEXAS ( IJZUI,g
a
COUNTY OF LUBBOCK
Before me Wendy J. Knox a Notary Public in and for Lubbock County, Texas on this
day person* ailppearod NOW Ellz.� r98 of the Southwestern Newspaper
Corporation, pubps)ers 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 L201 NOWO
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: �� aZ. (Q �(�f(�g - a 0, alp
NOTARY P96LIC in and for the State of Texas
my commission Expires 4✓2&2012
LUBBOCK AVALANCHE -JOURNAL
Morris Communication Corporation
Subscribed and sworn to before me this p 2 4 day of
FORM 58-10
::o'"�•P��<� • WENDY J. KNOX
i*{'t,= NOTARY PUBLIC
State of Texas
Comm. Exp. 04-28-2012