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Home My WebLink AboutOrdinance - 10027-1997 - Zone Case 2803 Zoning Change C-2 To C-4 Drive-In Restaurant - 10/30/1997First Reading Item #30 October 30, 1997 Second Reading Item fH8 November 13, 1997 ORDINANCE NO.___,1..,..n.u.02 .... 1 _____ _ AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2803; A ZONING CHANGE FROM C-2 TO C-4 ZONING LIMITED TO A DRIVE-IN RESTAURANT AND ALL PERMITTED C-3 USES ON A PORTION OF LAND OUT OF SECTION 10, BLOCK B, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SA VINOS 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 compiled 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 Ordinances 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. 2803 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)(10) of the Code of Ordinances of the City of Lubbock from C-2 to C-4 zoning limited to a Drive-In Restaurant and all permitted C-3 uses on a portion of land out of section 10, Block B, City of Lubbock, Lubbock County, Texas, located on the Zone Case No. 2803 -1· southwest corner of 34th and Avenue S, subject to the following conditions and being further described as follows: BEGINNING at the Northeast comer of Lot 3 of the Cora B. Marshall Addition to the City of Lubbock, which point is in the West line of Avenue S; THENCE West along the North line of the said Lot 3, Cora B. Marshall Addition, a distance of 138.00feet, to a point; THENCE North, at 50 feet pass the Southeast comer of Lot 2 of the Cora B. Marshall Addition, continuing along the East line of the said Lot 2 a distance of 315 feet to a point in the South line of 34th Street; THENCE East in the South line of 34th Street a distance of 138.00feet to a point in the West line of A venue S for the northeast comer of this tract; THENCE South in the West line of Avenue S a distance of 315 feet to the POINT OF BEGINNING. SUBJECT TO THE FOLLOWING CONDITIONS: 1. That zoning is limited to a drive-in restaurant and all permitted C-3 uses. 2. That the screening fence requirement is waived. SECTION 2. 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 3. 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. SECl1ON 4. TIIAT the City Secretary is hereby authorized to cause publication of the descriptive caption of this Ordinance as an alternative method provided by law. Zone Case No. 2803 -2- AND IT IS SO ORDERED. Passed by the City Council on first reading this ...2.3.t:d.. day of October , 1997. Passed by the City Council on second reading ·s f3trday ot''November , 1997. APPROVED AS TO FORM: ,t--::::,~ -• /4 c::;::,,Y ~----_L.-. Linda L. Chamales, Supervising Attorney, Office Practice Section U.C:dk/ZC2803.0RD ccdocs/October 10, 1997 Zone Case No. 2803 -3- ---·-· THE STATE OF TEXAS COUNTY OF LUBBOCK , Beforem •A personally appea . · ' ·· . . · • . ,t · of the Southwestern Newspa- pers Corporation,\publishers of the ub k Avalanche-Journal -Morning, nd Sunday, who being py me duly sworn did depose and say that said newspaper has been published continuously for more than fifty-two1'7eeks pri- or to the first insertion of this ", L Ii' I A),, 1 ; ( t .,. ·· -------r-----,-----; No. fl!&'" 8~1., ,-, at Lubbock County, Texas and the attached print- ed copy of the L fr.f€, I is a true cop of the original and was printed in the Lubbock v anche-Journal on the following dates: -, AVALANCHE-JOURNAL Morris Communication Corporation Subscribed and sworn to before me this--~-==--1 __ day of FORl\158-10 19_q_1_ ed copy of the•-J..JS'.j~----------::;.----r-cP Avalanche-Journal on the following dates:-'-~"'-"=~----''-+c~-'-''-,,,1~~~---------- LUBBOCK AV ALANCHE-JOURN:& Morris Communication Corporation ,.tt,·l(· .. , .. •;•·l •;· ':,:;~ ~.:::. .... 1:: i :,, ~-!-M .. •' ~ .. ,t. .,. ·.•-...... •, ..... Subscribed and sworn to before me this, __ ~/~,-~_day o,fL __.o ... ~ ... ""i/rl,"""' .... :MA::::,-=. ___ _,_,9 c; 7 FOI\M 38-10 -· . -·~ ~-. i ':"I , .. : J,;.,,· :, I ... • -.... -· '· .. . # ., ... j ' .... r· . . -• . • :r • ' .. ·• ... . -• •---I -··· ... -~ -·-.. ,~·-~ .... ,, 7' •".J-:-. -.... ~ .,.. t .. ~- ~ • -..: .. ... -· ""' .... -. . ,,_. . . • ~ • I I t, • THE STATE OF.TEXAS COUNTY OF LUBBOC Morris Communication Corporation Subscribed and sworn to before me this FORMSS.10 ~c{ dayof tECONO~G.:P ·!l •vv;~Nc• 1r----------------------------------------Wffl"Ue11J!Wln" ORD AN'ORD IOl't(l'tG '"-HD THE MAP OF 'IHE CITY .OF. LUBBOCK MAK• INGTHEFOLLOWING · ,. Oi-fANGES: ZONE CASE NO. 2802; A fQNING GE. FROM T TO :G-3 IPECI se ZONING FOR • ,j,A C CE STORE ON A • .. IORTION OF LAND OUT OF .,SECTION 25, lll,OCK E•2, LU&- •IIOCK, TEXA.S; PROVIDING A ;.PENALTY; PlQVIDING A SAV· ~ INGS CLAU$E ANO PROVIDING •FOR PUBLICATION. • c. ·-·. ,.$ECTION 2. THAT vlalatk!ll of om, ,.;rovlsions of tN1 Onftnor1ee lhall .. lte deemed o mlldemeonor Pl/Ills!!• •fble by o fine not to exceed Two "'tfhousond and N0/100 Dollar• . • Al00.00) <Ill Pl'CIVkled In Sedlon .. -3lofltleZonln110rdfnonceoftM ! nv,ul LubtlOe'k. . · · , ,o • ' ORDiNANC:S NO. 10027 •tN 'o. RDINANC·!;:. A. Ml!NOING • ONING OR!llNANCE NO. l'V84 ., NO THE OFFICIAL MAP OF ., HE CITY OF L.IJBBOCI( MAK• • N~THEFOLLOWINGi • HANGES: ZONE CASE NO. 2S03; i '-. ZONING CHANGE FROM C-2 • 0 !:-A ZONING t.lMITED TO A • R(VE IN RESTAURANT ANO < LLPERMITTEDC-3U$ESONA " O~'l"ION OF LANO OUT OF " ECTION 10, BLOCK B, LOB· •• O¢JC, TEXAS, 6UBJEC:.T. TO -ONDITIONS; PROVIDING A • EN~LTY; PROVIDING A SAV• ._ NGS CLAUSE AND PROVIDING ! OR PUBLICATION. . • SEC'tlON 2, THATvlalotlc,n of anv -trovl1ions of this Ordinance ,t,all ·• •~·IIU!llst>-,. !Jt'.111 not IO itllCMd Twc, . ' 0) :~;30"'°'~ • Iha ~ln11 Onllnonce oftlle .. a,..-,~c:1t. .. ~ ... . ' . ....,___,-. _____ ,