HomeMy WebLinkAboutOrdinance - 2001-O0007 - Zone Case No. 2980. Change From R-2 To C-4 Specific Use For Drive In Restaurant - 01/25/2001First Ordinance
January 11, 2001
Item No. 23
Second Reading
January 25, 2001
Item No. 19
ORDINANCE NO. 2001-00007
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 2900; A ZONING CHANGE FROM R-2 TO C-4
SPECIFIC USE FOR A DRIVE IN RESTAURANT ZONING ON THE EAST 3
FEET OF LOT 19 AND LOTS 20-24, F.R. FRIENDS ADDITION, LUBBOCK,
TEXAS; PROVIDING A PENALTY; SUBJECT TO CONDITIONS, 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 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 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 support 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 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.2900
SECTION 1. THAT Ordinance No. 7084 and the Official Zoning Map are
amended as follows:
A change of zoning under the provisions of Section 29-29 of the Code of
Ordinances of the City of Lubbock from R-2 to C-4 Specific Use for a
drive in restaurant on the East 3 feet of Lot 19 and Lots 20-24, F.R.
Friends Addition, City of Lubbock, Lubbock County, Texas, located at
the Northwest corner of 1st Street and University Avenue and subject
to the following conditions:
1. Zoning shall revert to IHC if restaurant use ceases.
2. There shall be a six foot screening wall made of split face block on the
north and east property lines adjacent to residential zoning.
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 R-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 the East 3 feet of Lot 19 and Lots 20-
24, F.R. Friends 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 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 I Ith day of January , 2001.
Passed by the Citv Council on second reading this 25th day of January , 2001.
ATTEST:
Becky Garza, Interim City Secretary___
ED AS TN ONTENT:
Sty---
R ndy Hens -A, Senior Planner
APPROVED AS TO FORM:
Linda L. Chamales, Supervising Attorney,
Office Practice Section
LLC:cp/ZC2900.ORD
Ccdocs/12/21/00
Zone Case No. 2900
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