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HomeMy WebLinkAboutOrdinance - 2007-O0102 - Amending Zone Case NO. 3093; Specific Use For A Plasma Center On West 50 Ft. - 09/27/2007First Ilea.ding September 27. 2007 Item No. 6.5 ORDINANCE NO. 2001-00102 Second Reading October 11, 2007 Item Bo. 5.9 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 3093; A ZONING CHANGE FROM C-2 TO C-2 SPECIFIC USE FOR A PLASMA CENTER ON THE WEST 50 FEET OF LOT 3, AND LOT 4, MCGEE 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 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 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 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: ZONE CASE NO. 3093 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 Us.e for a plasma center under provisions of Section 29-24 of the Code of Ordinances of the City of Lubbock on West 50 feet of Lot 3, Lot 4, McGee Addition, City of Lubbock, Lubbock County, Texas, located at 2207 34th Street and 2217 34th Street, subject to conditions: SUBJECT TO THE FOLLOWING CONDITION: 1. That if the use is abandoned, the Zoning will revert to C-2 with no restrictions. SECTION 2. THAT the granting of this specific use zoning is hereby made subject to compliance with 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 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-2 zone district; and if such reversion occurs, the Director of Planning 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 2207 34th Street and 2217 34th Street, City of Lubbock, Lubbock County, Texas. SECTION 3. THAT violation of any provision of this Ordinance shall be deemed a misdemeanor punishable by fine not to exceed Two Thousand and No/100 Dollars ($2,000.00) as provided in Section 29-31 of the Zoning Ordinance of the City of Lubbock. SECTION 4. THAT should any paragraph, sentence, clause, phrase or word of this Ordinance be declared unconstitutional or invalid for any reason, the remainder of this Ordinance shall not be affected thereby. SECTION 5. THAT the City Secretary is hereby authorized to cause publication of the descriptive caption of this Ordinance as an alternative method provided by law. AND IT IS SO ORDERED. Passed by the City Council on first reading this 27th day of September , 2007. Passed by the City Council on second reading this 11th day of October , 2007. _~,~v(I---- DA YID A. MILLER, MAYOR Zone Case No. 3093 page-2of3 ATTEST: APPROVED AS TO CONTENT: RanTi:6J~~ APPROVED AS TO FORM: =x'A:._ .. ~ c/4:~~ ,:~~ Linda L. Chamales Senior A ttomey Office Practice vw/cityatt/Linda/ZoneCases/ZC3093 August 27, 2007 Zone Case No. 3093 page-3 of 3 THESTATEOFTEXAS J aru._ p \~&J.42..,\ COUNTY OF LUBBOCK Before me Alan C. Weems a Notary Public in and for Lubbock Coun!V-Texas on this A«PWtNCS NA WHeJe day personally appeared Krista Ramirez of the Southweste tCN?'W'NANcE ,.,.._eN01NG " " , , • ANO 1H2~~~~~t NO. '11M Corporation, publishers of the Lubbock Avalanche-Journal -Mom,ng, and Sunday, who being b i1~1~bVHiFF!iitt~fk CHANGS:S: ?ONE-CASE 1:i did dispose and say that said newspaper has run continuously for more than fifty-two weeks p ivJ~tf<Wtt s½i~iri~ USE FOIi. A ,usMA C~IIIT'ER insertion of this Legal Notice , f~Jiill5J~~~E~~~1°t SU8JECT'tM'c80°.i~·1Ifltf: No. _______________ at Lubbock County, Texas 81 ~:giw)1,\GG\PsE/v"r1.1'J'~ CLAU$E AND PROVIDING FOIi. printed copy of the L is a true copy of the original and was printed PUaucAnoN. I / SECTION,. THAT vlolatlon of Avalanche-Journal on the following dates: '""'11"--.J.,..,n ~"1 ~ :~u~v.1:.:;t:i:,:.::~r ............ 1.4,1~:::::.i..-..i-..... ...,;;........;..-~~~---=~--=~~~= CS2AeO.oe~ °! lll'OYIOed In s«rlOII Wii, ~J1dv1Mor: ~ l -N~uA/3.~-- v NOTARY PUBLIC in and for the State of Texas Inside Sales Manager my commission Expires sn12011 LUBBOCK AVALANCHE-JOURNAL Morris Communication Corporation Subscribed and sworn to before me this FORM58-10 _s ___ ~ __ dayof ~tNtmbv &)o, ALAN C W!EMS N~ ~k:• ~te of Texas ISSQIEx,oires Movo1, 2011