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HomeMy WebLinkAboutOrdinance - 2001-O0064 - Amending Zoning Ord 7084 Zone Case 2915. Change R-3 To AM. Lots 4/5 Block 1 - 08/30/2001First Reading August 30, 2001 Item No. 49 Second Reading September 13, 2001 Item No. 22 ORDINANCE NO. 2001-00064 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2915; A ZONING CHANGE FROM R-3 TO AM SPECIFIC USE ZONING FOR A RESTAURANT ON LOTS 4 AND 5, BLOCK 1, A.W. JACKSON 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. 2915 SECTION 1. THAT Ordinance No. 7084 and the Official Zoning Map are amended as follows: A change of zoning under the provisions of Section 29-24( c )(21 )b of the Code of Ordinances of the City of Lubbock from R-3 to AM Specific Use for a restaurant on Lots 4 and 5, Block 1, A.W. Jackson Addition, City of Lubbock, Lubbock County, Texas, located 2115 Avenue Land subject to the following conditions: 1. If a metal building is used for the restaurant, architectural decorative materials shall be placed on the two sides facing Avenue Land 23rd Street. 2. Tied to the proposed site plan for building location and parking. 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-3 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)(21) of Codified Zoning Ordinance No. 7084 on the property described as Lots 4 and 5, Block 1, A.W. Jackson 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 30th day of August Passed by the City Council on second reading this 13th day of September ATTEST: g~~ Reoecca Garza, City Secretary APPROVED AS TO FORM: , _;,c_ cY c¼-?_,_, ~ Linda L. Chamales, Supervising Attorney, Office Practice Section LLC:cp/ZC2915.ORD Ccdocs/08/22/0 I Zone Case No. 2915 Page 2 of 2 , 2001. , 2001.