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HomeMy WebLinkAboutOrdinance - 2016-O0143 - Zone Case 1039-A - 10/13/2016First Reading September 22, 2016 Item No. 7.3 ORDINANCE NO. 2016-00143 Second Reading October 13, 2016 Item No. 7.4 AN ORDINANCE AMENDING ZONING ORDINANCE NUMBER 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 1039-A; AMENDING THE CONDITIONS SET FORTH IN ORDINANCE NO. 3947 TO ALLOW A GROCERY STORE OR PACKAGE STORE ON LOTS 194, 195, AND EAST 10 FEET OF LOT 1969 MURRYHILL 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. 1039-A SECTION 1. THAT Ordinance No. 7084 and the Official Zoning Map are amended as follows so that Condition 1 set forth in City of Lubbock Ordinance No. 3947 is removed and replaced with the following: "1. That a service station, grocery store, or package store shall be the only structures allowed on the property." All other existing conditions set forth in City of Lubbock Ordinance No. 3947 shall remain in full force and effect. SECTION 2. THAT this amendment shall permit the requestor to allow a grocery store or package store on Lots 194, 195, and East 10 feet of Lot 196, Murryhill Addition, City of Lubbock, Lubbock County, Texas, located at 3804 501h Street. 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. F.110111 Y liW a 1 _ I 1 Passed by the City Council on first reading on September 22, 2016 Passed by the City Council on second reading on October 13, 2016 ATTEST: L2� -- Reb ea Garza, City Sreta APPROVED AS TO CONTENT: Andrew Paxton, Director of Planning APPROVED AS TO FORM: 1 Justin . P uitt, Assis nt City Attorney vw:ccdocs,'Amend ZCI039-A September 1, 2016 DANIEL M. PO E, MAYOR Zone Case ,NTo. 1039-A (Amended) page - 2 of 2