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Home My WebLink AboutOrdinance - 9967-1997 - Zone Case 2788 Zoning Change From IHC To IHC Specific Use. Restaurant - 01/23/1997First Reading Item #39 January 23, 1997 ORDINANCE NO. Second Reading Item# 6 February 13, 1997 9967 ------- AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAK.ING THE FOLLOWING CHANGES: ZONE CASE NO. 2788; A ZONING CHANGE FROM IHC TO IHC SPECIFIC USE ZONING FOR A RESTAURANT AND OUTSIDE SALES OF USED GOODS ON . 778 ACRES OF LAND OUT OF SECTION 7, BLOCK B, (2306 TEX.AS), LUBBOCK., TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENAL TY; 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 Com.mission 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 (V emon, 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. 2788 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)(24) of the Code of Ordinances of the City of Lubbock from IHC to IHC Specific Use and all permitted IHC for a restaurant with an Alcoholic Beverage Permit and outside sales of used goods on . 778 acres out of Section 7, Block B, City of Lubbock, Lubbock County, Texas, located at 2306 Texas, subject to conditions, and further described as follows: BEGINNING at a 1/2" iron rod, set in the South line of 23rd Street, for the Norteast and beginning comer of this tract, whence the Northwest comer of Section 7, Blcok B bears North, 1370.0 feet and West, 2234.0 feet; THENCE South, along the West line of Texas Avenue, 150.0 feet to a 1/2" iron rod, set for the Southwest corner of this tract; THENCE West, 160.6 feet to a 1/2" iron rod, set for the Southwest corner of this tract; THENCE North, 150.0 feet to a 1/2" iron rod, set in the South line of 23rd Street, for the Northwest corner of this tract; THENCE East, along the South line of 23rd Street, 160.6 feet to the POINT OF BEGINNING. SUBJECT TO THE FOLLOWING CONDITIONS: 1. That a restaurant with an alcohol beverage permit is allowed with hours of 6:00 A.M. to 6:00 P .M. seven days a week. 2. That Flea Market outside sales are limited to Friday, Saturday and Sunday from 6:00 A.M. to 6:00 P.M. and no goods will remain after close of business on Sunday. 3. If the Flea Market use is discontinued for one year the zoning shall revert to IHC. SECTION 2. THAT the granting of this specific use zoning 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 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 IHC 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 . 778 acres of land out of Section 7, Block B, 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 ($2,000.00) as provided in Section 29-31 of the Zoning Ordinance of the City of Lubbock. SECTION 4. THAT should any paragraph, sentence, clause, phrase or word of this Ordinance be declared unconstitutional or invalid for any reason, the remainder of this Ordinance shall not be affected thereby. ZONE CASE NO. 2788 --PAOE2-- SECTION 5. THAT the City Secretary is hereby authorized to cause publication of the descriptive caption of this Ordinance as an alternative method provided by law. AND IT IS SO ORDERED. Passed by the City Council on first reading this 23rd day of January • 1997. Passed by the City Council on second reading this 13th day of February , 1997. CONTENT: SOl\. APPROVED AS TO FORM: r----..... "":---c ~ c'~ ~ Linda L. Chamales, Supervising Attorney, Office Practice Section LLC:dk/2788ZONE.ORD ccdocs/,January 14, 1997 ZONE CASE NO. 2788 --PAGE3 -- THE STATE OF TEXAS COUNTY OF LUBBOCK Before m"'---"'"'-.><..,t:~f-:--:--i...+-::-"'"'rf-=-1;:;.+,....,.....,. Notary PJibli9 ,in and f1 r Lubbock County, Texas on this day personally appear \..t ...,..a., k' .P .t,.;" he Southwestern Newspa- pers Corporation, publishers of the Lubbock valanche-Journal -Morning, and Sunday, who being by me duly sworn did depose and say that sj"d newspa~r h~s been published continuously for more than fifty-two weeks pri- or to the first insertion of this __ ._-"-'-· ~++'-'s...__f---'~:;...;.....,...,.."i--...,.,,,_t'--'Z..,,:-:......,,....,..... _________________ _ ------,-------r----=--=----No. I DE "'6 '5'$ / at Lubbock County, Texas and the attached print- ed copy of the f "'%1 g l ,t)o-l--1' r ........._ _ , i~ a true copJl of prigin !..{lAd.lV,fls printed in the Lubbock Avalanche-Journal on the following dates: F'""' &e-r"" a ,, ' 1"'1 c., Y't / ----,.;--.or~-t.,,,J-r---=:---1-r-::_...,.,'--'.a.:-"--'~,.,-'()-..-• ......,...,..,.. ___ _ ~~~!::;r1tt( /44-,,,µ &,,,_/ LUBBOCK AV ALANCHE-JaiiRNAL "'z, Morris Communication Corporation FORMSS-10 THE STATE OF TEXAS COUNTY OF LUBBOCK~ kt'~ Before me l'._ 1,:';L ~ ~ ::Notary Public in and for Lubbock County, Texas on this day personally appeared -~"'-~~ T ,e{I./ ~-of the Southwestern Newspa- pers Corporation, publishers of theLubbockAvalanche-Journal -Morning, and Sunday, who being by me duly sworn did depose and say that said newspaper has bee ,published continuously for more than fifty-two weeks pri- or to the first insertion of this C --e.., _____________ No. lo -s::-'8::s'5 at Lubbock County, Texas and the attached print- ed copy of the / -e7erl .Ut2~'c_,e__ is a true copy oftheori inal and was printed in the Lubbock Avalanche-Journal on the following dates :_-J---=c.oo:...:....:c==.:....:::..,-_,E-L+--""'--=---_,_L-..1'-L.--r------ ~2~-~ &a--.~~r LUBBOCK AVALANCHE-JOUR AL Morris Communication Corporation Subscribed and sworn to before me thi.,._s __ __.,_d., __ l-=--daY o[ j.-~ FORI\158-10