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Home My WebLink AboutOrdinance - 9408-1991 - Zone Case 2658-A Zoning Change C-3 To C-3 Specific Use. - 01/10/1991DGV:js First Reading January 10, 1991 Item #11 Second Reading January 24, 1991 Item #7 ORDINANCE NO. 9408 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2658-A; A ZONING CHANGE FROM C-3 TO C-3 SPECIFIC USE PERMIT TO DELETE ALL PRIOR CONDI- TIONS OF ORDINANCES 2183, 2215, 2585 AND 5217 TO ALLOW FOR REDEVELOPMENT OF THE PROPERTY ON TRACT A, SAVE AND EXCEPT THE NORTHEAST 500' X 500' TRACT, MONTEREY CENTER 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 finds that due to changed conditions, it would be expedient and in the interest of the public health, safety and general welfare to make those pro- posed changes in zoning; and i WHEREAS, all conditions precedent required by law for a valid amendment 1 to the Zoning Ordinance and Map have been fully complied with, as well as giv- i ing notices in compliance with Section 29-29 of the Code of Ordinances, City I. of Lubbock, Texas, as well as notices provided by Section 211.007(c), Texas · Local Government Code, 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 duly 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 determined by the City Coun- cil 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 intro- duced prior to first reading hereof; NOW THEREFORE: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: ZONE CASE NO. 2658-A SECTION I. THAT Ordinance No. 7084 and the Official Zoning Map BE and the same are hereby amended as follows, to-wit: A change of zoning from C-3 to C-3 Specific Use Permit, to delete all prior conditions of Ordinances 2183, 2215, 2585, 5217 and to allow for redevelopment of the property under provisions of Section 29-24(c)(24) of the Code of Ordinances of the City of Lubbock, on Tract A, save and except the Northeast 500' X 500' tract, .Monterey Center Addition, City I I I I of Lubbock, Lubbock County, Texas, located West of Elgin Avenue, South of 50th Street and East of Gary Avenue and subject to conditions. SUBJECT TO THE FOLLOWING CONDITIONS: a. That the setback lines shall be as indicated on the site plan {designated Exhibit 2658-A) as presented to the Planning and Zoning Commission. b. That a site plan, including building elevations showing materials, color and texture, shall be submitted and approved by the Planning and Zoning Commission prior to the issuance of a Building Permit. c. That a maximum of two out parcels will operate on a separate basis with regard to free-standing signs. d. That the building height for the out parcel Northeast of W. D. Wilkins shall be one-story only. SECTION 2. THAT the Codes Administrator of the City of Lubbock is au- thorized to issue a Specific Use Permit to the Applicant in said Zone Case in accordance with the conditions imposed by the City Council, provided said applicant agrees to be bound by the terms of the Specific Use Permit, the granting of which is hereby made subject to compliance to all provisions of Zoning Ordinance No. 7084, as amended, including particularly, but not limited to, Section 29-24 of the Codified Zoning Ordinance, which provides that a Spe- cific Use Permit and 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 classifi- cation, which in this case is the C-3 zone district; and if such reversion occurs, the Codes Administrator 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 29-24{c){24) of Codified Zoning Ordinance No. 7084 on the property described as Tract A, save and ex- cept the Northeast 500' X 500' tract, Monterey Center Addition, City of Lubbock, Lubbock County, Texas. SECTION 3. THAT violation of any provisions of this Ordinance shall be deemed a misdemeanor punishable by a fine not to exceed One Thousand and No/100 Dollars {$1,000.00) as provided in Section 29-31 of the Zoning Ordi- nance 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. - 2 - I c i SECTION 5. THAT the City Secretary is hereby authorized to cause publi- cation of the descriptive caption of this Ordinance as an alternative method provided by law. AND IT IS SO ORDERED. Passed by City Council on first reading this lOth day of January 1991. Passed by City Council on second reading this 24th day of January 1991. ann1ng IAPPROVED AS TO FORM: ~~,~~)R~ ~~anlver, li'StSi!iiint !City Attorney - 3 - -----.. THE STATE OF TEXAS COUNTY OF LUBBOCK R-655 Before me Tnnva HM.IliriY a Notary Public in and for Lubbock County. Texas on this day personally appeared ---f-rJ 1 Aufill, Aeeeunt Manaser of the Southwestern Newspa- pers Corporation. publishers of the Lubbock Avalanche-.Journal -Morning. Evening and Sunday. who being by me duly sworn did depose and say that said newspaper has been published continuously for more than fifty-two weeks prior to the first insertion of this -+1-ee-eE!~at-lt--nA-ee~trliHC;;-ee---------- -------rl ..-e~e•a.-.1--,...,....,trc-r No. 797984 at Lubbock Countv. Texas and the attached print- ed copy of the no is a true copy of th~ Oiiginal .and was printed in the Lubbock Avalanehe-.Journal on the following dates: __ D_e_c_. __ 1_'e,_,_1_9_9_o _____________ _ 241 wa .50 = 120.50 Account Mancu!e r LUBBOCK AVALANCHE-JOURNAL Southwestern Newspaper~ Corporation FORM58-10 TONVA H.ENRV Notary Public STATE OF TEXAS Mr COII!rn bp Nov 19 1994 THE STATE OF TEXAS COUNTY OF LUBBOCK R-694 Before me TonY a He 0 r Y a Notary Public in and· for Lubbock County, Texas on this day personallyappeared T,Jtt. Aufill" Account Mancu!er oftheSouthwesternNewspa- peJ;"s Corporation, publishers of the Lubbock Avalanche-Journal -Morning, and Sunday, who being by me duly sworn did depose and say that said newspaper has been published continuously for more than fifty-two weeks pri- or to the first insertion of this _ __._l .... e.f!...,.au.l--~.nL:!o~t~l~· c......._e -------------------- ---------,-----,-----·no. 7 9 813 9 at Lubbock County, Texas and the attached print- ed copy of the I e e: a I n * t i c e is a true copy of the original and was printed in the Lubbock Avalan_che-Journal on the follQWi.ng dates:__...lu.oau..n .... ___..2_,.6....,,.___.E_,e....,b~. ~2,_.L.., .......,1'"'9..L9 ..... 1~-----------318 wa 1.00 = 318.00 LUBBOCK AVALANCHE-JOUR.I.'fAL Southwestern Newspaper Corporation FORM58·10 . '