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HomeMy WebLinkAboutOrdinance - 2016-O0004 - Zone Case 3199-C - 01/28/2016First Reading January 14, 2016 Item No. 7.2 lei 13 1 OKII 1 . •111 Second Reading January 28, 2016 Item No. 6.2 AN ORDINANCE AMENDING ZONING ORDINANCE NUMBER 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 3199-C; AMENDING THE CONDITIONS SET FORTH IN ORDINANCE NO. 2014-00007 TO AMEND THE CONDITIONS OF ORDINANCE (SCREENING FENCE) ON TRACT A, LUBBOCK WALMART 6898 ADDITION, 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, 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. 3199-C SECTION 1. THAT Ordinance No. 7084 and the Official Zoning Map are amended so that the conditions listed under Section 1. c. of Ordinance No. 7084 shall now read as follows: C. A 6 foot tall masonry (stamped concrete panel) screening fence along the east and south property lines, where adjacent to residentially and apartment zoned property on either the side or rear, even if separated by a street or alley, shall be required. SECTION 2. THAT this amendment shall permit the requestor to amend the conditions set forth in ordinance No. 2014-00007 to amend the conditions of ordinance (screening fence) on Tract A, Lubbock Walmart 6898 Addition, City of Lubbock, Lubbock County, Texas, located at 11415 Quaker Avenue. 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 by Section 40.01.006 of the Zoning Ordinance of the City of Lubbock, Texas. 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 the 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 January 14, 2016 Passed by the City Council on second reading on January 28, 2016 GLEN C. OBER SON, MAYOR ATTEST: Re cca Garza, City Sec etaz APPROVED ASS 1TO CONTENT: Andrew Paxton, Director of Planning APPROVED AS TO FORM: Justin a rul , As ist' ant City Attorney vw:ccdocs/Amend ZC3199-C December 1, 2015