HomeMy WebLinkAboutOrdinance - 2016-O0175 - Zone Case 2995-U - 12/15/2016First Reading Second Reading
December 1,2016 December 15,2016
Item No.6.5 Item No.7.4
ORDINANCE NO.2016-00175
AN ORDINANCE AMENDING ZONING ORDINANCE NO.7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES:ZONE CASE NO.2995-U;A ZONING CHANGE FROM C-3 TO C-3
SPECIFIC USE FOR OUTDOOR DISPLAY,ON TRACT C,PRIMROSE
POINTE,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
receivedby the City Council and,after due consideration,the CityCouncilfoundthatdue
to changed conditions,it would be expedient and in the interest of the public health,
safetyand generalwelfareto makethoseproposedchangesin 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
compliancewith Section 40.01.005 of the Code of Ordinances,City of Lubbock,Texas,
andthenoticesprovidedbythe 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,andthe public hearing according to said notice,washeld 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 determinedthat
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.2995-U
SECTION 1.THAT OrdinanceNo. 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 C-3 to C-3 Specific Use for outdoor
display on Tract C,Primrose Pointe,City of Lubbock, Lubbock County, Texas,
located at 6616 and 6620 Milwaukee Avenue,subject to conditions.
SUBJECT TO THE FOLLOWING CONDITIONS:
1.THAT the outdoor display shall: be limited to the area designated on the
proposed site plan;be located under the building canopy;be limited to
business hours only;not impede with any pedestrian access;and,not
hang from the structure or windows.
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
C-3 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 6616
and 6620 Milwaukee 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.
AND IT IS SO ORDERED.
Passed by the City Council on first reading on December 1, 2016
Passed by the City Council on second reading on December 15, 2016
ATTEST:
Re ecc Garza, City Secreta
DANIEL M. POPE, MAYOR
Zone Case No. 2995-U
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APPROVED AS TO CONTENT:
Andrew Paxton, Director of Planning
APPROVED AS TO FORM:
7�' f
Just' P uitt, Assistant City Attorney
vw/CityAtt/Justin/Zones/ZC2995-U
December 13, 2016
Zone Case No. 2995-U
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