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HomeMy WebLinkAboutOrdinance - 2017-O0015 - Zone Case 2161-J - 02/09/2017First Reading Item No. 7.5 January 26, 2017 ORDINANCE NO. 2017-00015 Second Reading Item No. 6.1 February 9. 2017 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2161-J; A ZONING CHANGE FROM GO TO GO SPECIFIC USE FOR STORAGE FOR THE EXISTING GARDEN OFFICE, ON TRACT D, HIGH PLAINS 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 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 THE CITY OF LUBBOCK: ZONE CASE NO. 2161-J SECTION 1. THAT Ordinance No. 7084 and the Official Zoning Map are amended as follows: A change of zoning under provisions of Section 40.01.005 of the Code of Ordinances of the City of Lubbock from GO to GO Specific Use for storage for the existing garden office on Tract D, High Plains Addition, City of Lubbock, Lubbock County, Texas, located at 2737 82nd Street, subject to conditions, and being further described as follows: SUBJECT TO THE FOLLOWING CONDITIONS: 1. THAT the GO Specific Use zone be tied to the proposed site plan and elevations, including proposed setbacks and fagade materials. 2. THAT the zone shall be used exclusively as storage for the existing garden office and may not be rented or bartered to any other individuals or businesses. 3. THAT the property may not be subdivided to locate the accessory building on a separate lot. 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 40.03.3102 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 GO 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 40.03.3101- 40.03.3103 of Codified Zoning Ordinance No. 7084 on the property described as 2737 82"d 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 40.01.006 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 on JanugDL26, 2017 Passed by the City Council on second reading on February 9. 2017 _ -- DANIEL M. POPE, MAYOR Zone Case No. 2161-J page - 2 of 3 ATTEST: Rebec a Garza,City Secret APPROVED AS TO CONTENT: Andrew Pax on, Director of Planning APPROVED AS TO FORM: Justin vwlCityAtt/Jusun/Zones/ZC2161-J January 5, 2017 Zone Case No. 2161-J page - 3 of 3