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HomeMy WebLinkAboutOrdinance - 2016-O0110 - Zone Case 3199-D - 08/11/2016First Reading July 28, 2016 Item No. 7.2 ORDINANCE NO. 2016-00110 Second Reading August 11, 2016 Item No. 5.12 AN ORDINANCE AMENDING ZONING ORDINANCE NUMBER 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 3199-1); AMENDING THE CONDITIONS SET FORTH IN ORDINANCE NO. 2014-00007 AS THEY APPLY TO TRACTS D AND E, 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-D SECTION 1. THAT Ordinance No. 7084 and the Official Zoning Map are amended as follows: The set of conditions listed in Section 1 of Ordinance 2014-00007, Zone Case 3199-B for Lubbock Walmart 6898 Addition. located at 11419 through 11425 Quaker Avenue. shall be amended as it applies to Tracts D and E, Lubbock Walmart 6898 Addition, to read: "SUBJECT TO THE FOLLOWING CONDITIONS: THAT the zone change be tied to the proposed site plan and elevations including: a. No additional driveways will be allowed at any future period in addition to the two proposed along 114th St. and the two proposed along Quaker for the development. Access to the outparcels created will not be allowed additional curb cuts and must be accessed through the proposed means of egress. b. Main freight and delivery entrance by trucks will be limited to the South most approach (curb cut) along Quaker Avenue. c. There shall be no overnight parking on any portion of the proposed parcel by anyone. Signs must be posted and meet the city of Lubbock standard for signs. d. That the single tract be occupied by one user. e. A building permit shall be acquired within twenty-four (24) months or the combination of any of the four outparcels along the West property line to create a larger parcel is not permitted." SECTION 2. THAT this amendment shall require the requestor to abide by zoning conditions specific to the planned use on Tracts D and E. Lubbock Walmart 6898 Addition, City of Lubbock, Lubbock County, Texas, located at 11419 through 11425 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. I Passed by the City Council on first reading on July 28, 2016 Passed by the City Council on second reading on August 11, 2016 (111� DANIEL M. VOPE, MAYOR ATTEST: Ole -.-,k Reb ca Garza, City Secreta APPROVED AS TO CONTENT: Andrew Paxton, Director of Planning APPROVED AS TO FORM: _ 1 �1 Justin D. ru tt, Assist t City Attorney vw•ccdocs./Amend ZC3199-D July 7, 2016