HomeMy WebLinkAboutOrdinance - 2014-O0111 - Zone Case 1054-E - 09/11/2014First Reading
August 28, 2014
Item No. 6.8
ORDINANCE NO. 2014-00111
Second Reading
September 11. 2014
Item No. 5.15
AN ORDINANCE AMENDING ORDINANCE NUMBER 2005-00033 TO AMEND A
CONDITION TO ALLOW FOR OUTSIDE DISPLAY OF PRODUCTS ON LOT 3B,
CAPROCK 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:
SECTION 1. THAT condition 2 of Section 1 of Ordinance No. 2005-00033 is
hereby amended to read as follows:
2. THAT the Home Depot, Lot 313, will be zoned C-3 Specific Use tied
to the proposed site plans from the ZC 1054-E filed with regard to:
• Building location;
• Parking;
• Landscape Plan;
• Screening fence location on the west, south and east including
the proposed construction materials;
• Construction materials for the building and garden center (steel
picket fence);
• Outdoor storage area along the front of the store;
• No outdoor storage or display will be allowed in the front
parking lot outside the ability to have an annual "outside, sale
and promotion event" except as provided on the site plan;
• The screening fence shall be constructed as soon as practical
and prior to construction of the new store.
SECTION 2. THAT violation of any provision of this Ordinance shall be
deemed a misdemeanor punishable as provided by Section 1.01.004 of the Code of
Ordinances of the City of Lubbock, Texas.
SECTION 3. THAT should any paragraph, section, 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 4. THAT the City Secretary of the City of Lubbock, Texas, is hereby
authorized and directed to cause publication of the descriptive caption of this Ordinance
as an alternative means of publication provided by law.
AND IT IS SO ORDERED.
Passed by the City Council on first reading on
August 28, 2014
Passed by the City Council on second reading on September 11, 2014
GLE ROB RTSON, MAYOR
ATTEST:
Rebe ca Garza, City Secretary
APPROVED AS TO CONTENT:
Andrew Paxton, Director of Planning
APPROVED AS TO FORM:
Chad Weaver, City Attorney
vw:ccdocs/Amend ZC1054-E
August 11, 2014