HomeMy WebLinkAboutOrdinance - 2016-O0065 - Zone Case 3047-P - 05/12/2016First Reading
April 28, 2016
Item No. 7.2
ORDINANCE NO. 2016-00065
Second Reading
May 12, 2016
Item No. 6.2
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 3047-P; A ZONING CHANGE FROM GO TO C -2A
SPECIFIC USE FOR A RETAIL CENTER, ON TRACT E, THE RESERVES AT
VINTAGE 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, 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 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 -Jo urnal 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. 3047-P
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 C -2A Specific Use for a retail
center on Tract E, the Reserves at Vintage Addition, City of Lubbock.
Lubbock County, Texas, located at 12130 Quaker Avenue, subject to conditions.
SUBJECT TO THE FOLLOWING CONDITIONS:
1. THAT the project be tied to the proposed site plan, amending the
setback from 1215' Street to a minimum of 15 feet from the property
line.
2. THAT the site shall only have access from 122"' Street, no curb cuts
allowed to Quaker Avenue, 1215' Street, or the alley to the west.
3. THAT a screening fence shall be required adjacent to the R-1 zoned
property to the west.
4. THAT the uses be limited to the proposed strike list as presented by
the applicant.
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 12130
Quaker Avenue, 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.
Zone Case No. 304"-P
page -2of3
AND IT IS SO ORDERED.
Passed by the City Council on first reading on Ap it 2R_ 2i11 f
Passed by the City Council on second reading on May 12 7016
ATTEST:
ud'142�-� "��
Rebe fc
a Garza, City Secret y
APPROVED AS TO CONTENT:
Andrew Paxton, Director of Planning
APPROVED AS TO FORM:
F �
Justin D. a
itt. Afssista#ity Attorney
v%v CityAtt/Justin/Zones/W3047-P
April 7, 2016
GLEN eR613EkTSON, MAYOR
Zone Case No. 3041-P
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