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HomeMy WebLinkAboutOrdinance - 9389-1990 - Amending Zoning Ordinance 7084 And The Official Map Of The City. - 09/27/1990II DGV:js First Readihg Sept.ember 27, 1990 Item #1 2 Second Reading . October 1J, 1990 Item #9 ORDINANCE NO. 9389 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2655; A ZONING CHANGE FROM C-2 TO C-3 SPECIFIC USE PERMIT FOR A SERVICE STATION AND DRIVE . THROUGH CAR WASH ON LOT 1, PAYNE SUBDIVISION, 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 interest of the public health, safety and general welfare to make those pro- posed 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, as well as giv- ing notices in compliance with Section 29-29 of the Code of Ordinances, City 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 1 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. 2655 SECTION 1. 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-2 to C-3 Specific Use Permit, under provisions of Section 29-24(c)(24) of the Code of Ordinances of the City of Lubbock for a service station and drive through car wash, on Lot 1, Payne Subdi- vision, City of Lubbock, Lubbock County, Texas, located at 4257 34th Street. 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 ap- plicant agrees to be bound by the terms of the Specific Use Permit, the grant- ing 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 Specific 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 classifica- tion, which in this case is the C-2 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 Lot 1, Payne Subdivi- sion, 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. 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 27th day of Sep~ember 1990. Passed by City Council on second reading this 11th day of October 1990. ann ng - 2 - TIii·: ST:\TI•: OF TEX,\S t'tll 'NTY OF 1.nmon;. fkllln• nw Frances Hernandez a :',lotarv l'uhti!' in and for Luhhoek < ·01mt~·-TPxas on this da~· pnsonallv appt•an·d _ __I...J-.Au.fill-Account Manager ol ltw SoulhwPslPrn Newspa-pn:-Corporation. puhlislwr:,; of lhl' Lubho!'k Avalandw-.lournal Momin.I-(. Evming and Sunda),. who l>t'ing hv mt• dul_v sworn did dqwsP and sa_v that said nPw:-q1arwr has bt•(•n publishPd t·onlinuously for rnor" than flfl\'·lwo Wl'l'ks prior lo llll' lirst insPrtinn ol this ----Li..e-g~a.•l--+lNl\,01-1t"'1H,c-4&a---------------·------------:\o. 797870 _ at I.ubho!'k Counlv. Tt•xas and tht• allaehecl print-l'd rnpv of llw Legal Notice A\'alandw-.lournal on th<' following datps: 2:JS \-,ords O • 50 111 $147. 50 7?~ Ac,ount ii1.snagar I.l'I'·' ~:\ \' :\l.:\:\!'111': .JOI 'HN.-\1. Soul NOTICE OF PU8LIC HEARING " •I NO TICE is hcr•by 9iven lhal Ill~ ~ s C,tv Council wlfl hold a Public Suh,. r,•arlng on Thursday, SePleml)cr I. • 1990 al 10: JO A.M., in the City e Ccvn<•1 Chambers. 1625 lJU1 Sir.,.,,; Lubbock, Te,a,. to consider Ifie recomm!ndafion~ bY the Ptanntng ~nd Zomng Commission u,ot zon• 1 '?9 ~ Changed on certain Prooe-r. ties m LUbbo<:k~ Texas. AO infer. e~ted persons may SPeak, thE-n Jhe City Counc-il wiH act on such rec-ommendations, The following lone FOil cases "'ill be heard: ·• I ZONE CASE NO. 2HI: AD.,.81 Of H.1<:. D•nlol !for O & 0 ln•esf. ments ComNnv) _for zoninr, thaoge_ from R-l to M-2 on Lois l and 2 •. erocJt I, Trigg keights Addttio11 llSOII E. lllh and 7•o• Quirt Avi,. nue}, ' ZONE CASE NO, 2Ht: Continued recu,~s,t of Rowcn4 Groft, (for Chrvs,hs) for zonittg change frahT C·• to C-• Soecmc Us., (for a slib-st•nc• abuse treatment center . af-ter retease from treatment center anct for oarol~ temPOrarv housing) ·r" LOI$ 11-20. Block 195, Original own 0602 Avenue 10. ZONE CASE NO. 2655; Re111,e•I Of ~.J. Archibald (for Texaco Ref;r,. mg and Martc:etlng Inc.) for lMfn9 change from C·2 lo C-J SP<'Cilic Use ( for • service $laUon artd drjv" lhr"OUgh car wa.ht on Loi I, Pavnt Subdlvi5lon (dS7 J~lh Streett. ZONE CA~E NO. 2'51: Reque,, of( II.J. Arch,bolld Hot Te•a<o Rtlin-. Ing and Mar~elintl for zoniitg Change from C-2A lo C·J St1teific us., !for• $8rv,c~ station Ind drl--. · through car WUhl on Loi B. Brl~r-crt-ff Additir:111 t70ll 5(lfh Strc,PI) is a lruP ,·op\· ol tlw original and was prinlPd in the Lubbo<'k Sept. 12, Sept. THE STATE OF TEXAS COUNTY OF LUBBOCK Before me Frances He 1-n21ndez · a Notary Public in and for Lubbock County. Texas on this day personally appeared T .. i, /difil I, Accourt Manarfer 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 ~ .... li! ... a~l-+-r~·tJ~t ........ 1 ... c ..... e.------------- --------------No. 797344 · at Lubbock County. Texas and the attached print- ed copy of the I e tE! a I no t ice Ava lanche-.Journa I on the following dates: o · LUBBOCl( AVALANCHE-JOURNAL Southwestern· Newsp pers Corporation is a true copy of the original and was prin_ted in the Lubbock NOTARY PU~U~ in and _for ttt, f,5t, <Jf!exas My Comm1ss1on Expire.,_ ____ _ FR/',NCES HERNANDE.I Subscribed and sworn to before me this~ day of October ~~i..AU:., Pub!:r., Stn!c of Te:-:,:Y, My Commission E,pires 7-6-9 I FORM 58-10