HomeMy WebLinkAboutOrdinance - 2009-O0054 - Amending Zoning Ordinance-Chnage;Zone Case 1490-S;C-4, C-3 - 06/23/2009First Reading
June 23, 2009
Item No. 6.1
ORDINANCE NO. 2009-00054
Second Reading
July 8, 2009
Item No. 5.5
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND
THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 1490-S; A ZONING CHANGE FROM C-4 TO C-4
SPECIFIC USE FOR WHOLESALE HOUSE AND ALL UNCONDITIONALLY
PERMITTED C-3 USES ON THE SOUTH 345 FEET OF THE WEST 100 FEET
OF LOT 3-A FIESTA AUTOLAND CNT AND THE SOUTH 147 FEET OF LOT
1, GC 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. 1490-S
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 C-4 to C-4 Specific Use for wholesale
house and all unconditionally permitted C-3 uses on the South 345 feet of
the West 100 feet of Lot 3-A Fiesta Autoland CNT and the South 147 feet of
Lot 1, GC Addition, City of Lubbock, Lubbock County, Texas, located at
5152 69' Street, subject to conditions, and being further described as follows:
SUBJECT TO THE FOLLOWING CONDITIONS:
1. THAT the parcel shall be C-4 limited to wholesale house and all
unconditionally permitted C-3 uses.
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 C-4 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 5152
69" Street, 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.
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 23rd day of
June , 2009.
Passed by the City Council on second reading this 8th day of July , 2009.
f;�
TOM MARTIN, MAYOR
Zone Case No. 1490-S
page -2of3
ATTEST:
Ap
Rebecc Garza, City Secretary
APPROVED AS TO CONTENT:
712A4 4e'r"S6'*rI_
RandHenson, Oirector of Planning
APPROVED AS TO FORM:
f,
Chad Weaver
Assistant City Attorney
vw/CityAtt/Chad/Zones/ZC 1490-S
June 10, 2009
Zone Case No. 1490-5
page - 3 of 3
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10
THE STATE OF TEXAS
COUNTY OF LUBBOCK
Before me Wendy J. Knox _ a Notary Public in and for Lubbock County, Tax" on this
A�#ry Elizabeth G@O!g@ of the Southwestern Newspaper
day
personally ailppwod
Corporation, publishers of the Lubbock Avalanche-Joumai - 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 -Journal on the following dates: `a (4 (Q �`"Q,g - a 0. �CQ
NOTARY F4JALIC in and for the State of Texas
my commission Expires 412812012
LUBBOCK AVALANCHE -JOURNAL
Morris Communication Corporation
Subscribed and sworn to before me this p Q VA day of
FORM 58-10
6 D�
°ion'"' "`• ; WENDY J. KNOX
NOTARY PUBLIC
,! f State of Texas
Comm. Exp. 04-28-2012