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HomeMy WebLinkAboutOrdinance - 9483-1991 - Amending Zoning Ordinance 7084 And The Official Map Of The City - 09/26/1991LLC:js First Reading September 26, 1991 Item #12 Second Reading November 14, 1991 Item 11.7 ORDINANCE NO. 9483 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 1941-B; A ZONING CHANGE FROM C-2 TO C-2 SPECIFIC USE PERMIT FOR SELF-SERVICE GASOLINE SALES ON LbT 6-12, BLOCK, 1, MADDOX 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 finds that due to changed conditions, it would be expedient and in the I interest of the public health, safety and general welfare to make those pro- posed changes in zoning; and 1 WHEREAS, all conditions precedent required by law for a valid amendment to the Zoning Ordinance and Map have been fully complied with, including giv- ing notices in compliance with Section 29-29 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 the 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 sup- port of the proposal; and, after said hearing, it was determined by the City Council 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 here-inafter 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. 1941-B SECTION 1. THAT Ordinance No. 7084 and the Official Zoning Map are amended as follows: A change of zoning from C-2 to C-2 Specific Use Permit, under provisions of Section 29-24(c)(5)b of the Code of Ordinances of the City of lubbock for self-service gasoline sales, on Lots 6-12, Block 1, Maddox Addition, City of Lubbock, lubbock County, Texas, located at the Northwest corner of Colgate Street and Detroit Avenue and subject to conditions. I ' l SUBJECT TO THE FOLLOWING CONDITIONS: a. That any unconditionally permitted C-2 uses shall be permitted. b. That it shall be tied to site plan 1941-B as presented to the Planning and Zoning Commission on September 5, 1991 which denotes the following: 1. Building Lines. 2. Two 40 foot and one 32 foot curb cuts on Detroit as well as two curb cuts on Colgate. 3. Sign size and location. 4. Outline of an area providing for the potential of two gas islands with canopies. s. Parking shall be provided on the basis of available property on the site in the circumstance the entire building area noted on Site Plan 1941-B is utilized, with no specific ratio as required by the Code under open zoning. c. This zoning shall remain in effect until rezoned by the City Council. SECTION 2. THAT the Codes Administrator of the City of Lubbock is authorized 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. The Specific Use authorized by this Ordinance is permitted under provision of Section 29-24(c)(S)b of Codified I Zoning Ordinance No. 7084 on the property described as Lots 6-12, Block 1, Maddox 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 - SECTION 5. THAT the City Secretary is hereby authorized to cause pub- 'lication 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 26th day of September 1991. Passed by City Council on second reading this : i4th-day of November 1991. I' ATTEST: ~~~ j! APPROVED AS TO CONTENT: -~ ~-~~__e:__ Linda [. Chamales, Assistant City Attorney - 3 - THE STATE OF TEXAS COUNTY OF LUBBOCK R-915 Before me ..:ronrf HIAtt'* a Notary Public in and for Lubbock County, Texas on this day personallyappearetl•;;; AUflll• Account Hanaater oftheSouthwesternNewspa- pers 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 _---JILieli.ll!liLliiLLI ....Jni..I.X.o .... t.-1.31c.J!te __________________ _ --------.::--~.---:--:--;---::-----' o. 823086 at Lubbock County, Texas and the attached print- ed copy of the 111!11 notice is a true copy of the original and was printed in the Lubbock Avalanche-Journal on the following dates:_----'1-.....I~~:.P...a.t ..... __.1.,.1t..£r--1 .... 9u9u1..__ ____________ _ 258 we .sJ -136.74 Account Hanas:er LUBBOCK AVALANCHE-JOURNAL Southwestern Newspaper Corporation FOR!\158-10 THE STATE OF TEXAS COUNTY OF LUBBOCK .. R-1021 Before me Tonl'll l:ttnrv a Notary Public iriand for Lubbock County, Texas on this day personally appeared T. J • ·lua f-t 1-1-r-A ceo un t -f~ 1 n ~ c r: of the Southwestern Newspa- pers Corporation, publistiers ofttie Lubb;k Av~anche-Joumai-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 _ ..... 1 ct-~:l!..cll-ll~n .... o.,_tii...A..t .. c ... •-------------------- -------------no. 800726 at Lubbock County, Texas and the attached print- ed copy of the 1 e E! 111 A e t 1 c: e is a true copy of the original and was printed in the Lubbock Avalanche-Journal on the following dates:-~~:N..,.0 ... ,,...,.,....--1..,e~~o-.-1 --..2 .. !'""'t---'~1H19~9!t-<1t--------.,...., ...;....... ____ _ 451 Wll 1.06 = 478.06 I Account Mana~er LUBBOCK AVALANCHE-JOURNAL Southwestern Newspaper Corporation Subscribed and sworn to before me thi .... s ---!20J-05..._ __ _..., \ \ THE STATE OF TEXAS COUNTY OF LUBBOCK R-10Z1 Before me Tonra Henrx a Notary Public in and for Lubbock County, Texas on this day personally appeared T nf Auf 11 I • Ac co u n ~ Han a l!e r of the Southwestern Newspa- pers 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 ftrst insertion of this -f-11 ttHafl'f'1a~Ht-~-r~11tt~or+-t+-t"f!'":eto----------------'----­ -------------:--No. 800726 at Lubbock County, Texas and the attached print- ed copy of the 1 • sr al not 'c e is a true copy of the original and was printed in the Lubbock Avalanche-Journal on the following dates:_.....,~HIOHVf-ta--..1~6,......., .. 2.._.3..,., --.~.1 .. 9~9:...~1.-------------- 451 WI 1.06 • 478.06 Account Nanel!er LUBBOCK AVALANCHE-JOURNAL Southwestern Newspaper Corporation Subscribed and sworn to before me thi .... s ..... 2 .... 5----""' TONVA H.ENRY Notary Public STATE OF TEXAS My Comrn E•p Nov 19 199-4 THE STATE OF TEXAS COUNTY OF LUBBOCK .... . . R-1021 Before me TonY e HenrY a Notary Public in and for Lubbock County, Texas on this day personally appeared T. J Auf 11 1 , A c c e YA t ft lA a f:! e F ofthe Southwestern Newspa- pers 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 -f-11t~HE~aH:~0-t'l.nreo-t-~~::e-.•llt-6----------------­N _.~.:.:Q~~:.:Q~~e...! .... ~...,_or;.._ __ .aat Lubbock County, Texas and the attached print- edcopyoftbe lel!al notice Avalanche-Journal on the following dates: 451 wa 1a06 = 478a06 Account Mana«er LUBBOCK AVALANCHE-JOURNAL Southwestern Newspaper Corporation is a true copy of the original and was printed in the Lubbock Nov. 16• 23• 1991 · Subscribed and sworn to before me thisi)--12...,S,__ __ _..~e~,