HomeMy WebLinkAboutOrdinance - 9901-1996 - Zone Case 1826-D Zoning Change C-3 To C-4 Drive-In Lot 1-C Fry Addition - 05/09/1996First Reading
M"ay ·9. 1996
tteni:1,29
Second Reading
May 23. 1996
Item #7
ORDINANCE NO. __,;_9..;...90-'--1 __ _
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES:
WNE CASE NO. 1826-D; A ZONING CHANGE FROM C-3 TO C-4 SPECIFIC USE
. ZONING FOR A DRIVE-IN ON LOT 1-C, FRY 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 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
1 according to said notice, was duly held in the City Council Chamber of the Municipal Building,
Lubboc~ 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. 1826-D
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 C-3 to C-4 Specific Use for a drive-in on
Lot 1-C, Fry Addition, City of Lubbock, Lubbock County, Texas, located at the
Southwest comer of 49th Street and Indiana Avenue, subject to conditions.
SUBJECT TO THE FOLLOWING CONDITION:
a. That it be limited to a drive-in restaurant and all unconditionally permitted
C-3 uses.
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 C-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)(24) of Codified Zoning Ordinance No. 7084 on the property described as Lot
1-C, Fry 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/I 00 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.
APPROVED AS TO FORM:
~ c:::;:::!? c~ .... ___e___.
Linda L. Chamales, Assistant !City Attorney
LLC:js/ZC1826-D.ORD
ccdocs/April 9, 1996
ZONE CASE NO. 1826-D
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R-3216
TELEMARKETING MANAGER
LUBBOCK IA VALANCHE-JOURNAL
Morris Communication Corporation
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Subscribed ~nd sworn to before me thi.,,,s __ -'#._q_, . .,___.
FOR!\.158-10
NOTARY PUBLIC in and or lhe State of Texas
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FOR!\158-141
RECEIVED
APR 2 61996
NOTARY PUBLIC in d for the State of Texas
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