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Home My WebLink AboutOrdinance - 9381-1990 - Amending Zonin Gord 7084 Zone Case 2216-E Shopping Center. - 08/23/1990DGV:js First Reading August 23, 1990 Item #20 Second Reading September 13, 199 Item #10 ORDINANCE NO. 9381 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2216-E; A ZONING CHANGE FROM C-3 SPECIFIC USE FOR SHOPPING CENTER TO C-3 SPECIFIC USE PERMIT FOR ELIMINATION OF SIDEWALK REQUIREMENT ON ORLANDO AVENUE ON LOTS 8 & 11, KING'S GATE NORTH 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 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 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. 2216-E 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-3 Specific Use for shopping center 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 the elimination of the sidewalk requirement on Orlando Avenue, on Lots 8 and 11, King's Gate North Addition, City of Lubbock, Lubbock County, Texas, located at 7810 and 7820 Orlando Avenue. 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, 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 classification, which in this case is the C-3 Specific Use 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 Lots 8 and 11, King's Gate North 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 ($1,000.00) as provided in Section 29-31 of the Zoning Ordi- nance of the City of Lubbock. SECTION 4. THAT should any paragraph, sentence, clause, phrase or word of this Ordinance be declared unconstitutional or invalid for any reason, the remainder of this Ordinance shall not be affected thereby. SECTION 5. THAT the City Secretary is hereby authorized to cause publi- cation of the descriptive caption of this Ordinance as an alternative method provided by law. AND IT IS SO ORDERED. Passed by City Council on first reading this 23rd day of August 1990. Passed by City Council on second reading this 13th day of September 1990. ENT: APPROVED AS TO FORM~ ~ . ~ .,T( I~ t-e.fl ,rector o ann1~er, ,.Assistant City Attorney - 2 - THE STATE OF TEXAS COUNTY OF LUBBOCK R-681 Before me Frances Hernandez a Notary Public in and for Lubbock County. Texas ~m this day personally appeared T, J. Aufill, Ace ount Manager of the Southwestern Newspa- pers Corporation. publishers of the Lubbock Avalanche-Journal -Morning. Evening and Sunday. who being by me duly sworn did depose and say that said newspaper has been published continuous!~ for more than fifty-two weeks prior to the first insertion of this Legel Notice -------------No. 797650 at Lubbock County. Texas and the att~ched print- ed copy of the Legal Notice is a true copy of the original and was printe in the Lubbock Avalanche-.Journal on the following dates: 2 1990 i Account Mlingger LUBBOCK AVALANCHE-JOURNAL Southwestern l\ewspapers Corporation FORl\158-10 00 ARV PUBLIC '" ond fonhe State ol Tiili ~\ My Commission Expires 7=6•~-1 (_J ~"""«' I FRANCES I-IE.RNAt,jDEZ \. Stala oft•••' Notary Pub ,r.. ~-6-9\ l,ly Comrnl$•i01' bl)ltll !