HomeMy WebLinkAboutOrdinance - 9702-1994 - Zone Case 2729 Zoning Change C-3 To C-4 Drive-In Restaurant - 04/28/1994First Reading
Item #23
April 28, 1994
Second Reading
Item #7
May 19, 1994
ORDINANCE NO. 97°2 -----
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES:
ZONE CASE NO. 2729; A ZONING CHANGE FROM C-3 TO C-4 ZONING, LIMITED TO
A DRIVE-IN RESTAURANT AND ALL PERMITTED C-3 USES WITHIN A 5.778 ACRE
TRACT IN SECTION 1, BLOCK 1-S, LUBBOCK, TEXAS; SUBJECT TO CONDmONS;
PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR
PUBLICATION.
WHEREAS, the proposed changes in zoning as hereinafter made have been duly pre-
sented to the Planning and Zoning Commission for its recommendation which was received bf 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 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 (IS) days prior to the date of the public hearing
before the City Council on such proP.osed 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 c~Jed conditions, that the
Zoning Ordinance and the Zoning Map be amended in the manner here' er 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. 2729
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 ofLubbock from C-3 to C-4 zoning district, limited
to a drive-in restaurant and all permitted C-3 uses within a 5.778 acre tract
in Section 1, Block 1-S, City of Lubbock, Lubbock County, Texas, located
at 5720 4th Street, subject to conditions and being further descn'bed as
follows:
BEGINNING at a point which bears East a distance of 220.00 feet and
North a distance of 50.00 feet from the Southwest comer of Section 1,
Block J-S, Lubbock, Lubbock County, Texas;
THENCE North a distance of20S.OO feet;
THENCE East a distance of 180.65 feet;
THENCE South a distance o£.205.00 feet;
THENCE West a distance of 180.65 feet to the POINT OF BEGINNING.
SUBJECT TO 1HE FOLLOWING CONDmON:
a. That it be limited to a drive-in restaurant and all permitted C-3 uses.
SECTION 2. TIIAT violation of any provisions of this Ordinance shall be deemed a mis-
demeanor 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 Ordi-
nance be declared unconstitutional or invalid for any reason, the remamder of this Ordinance shall
not be affected thereby.
SECTION 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.
AND IT IS SO ORDERED.
Passed by the City Council on first reading this --..."'
Passed by the City Council on second read' this 19tn
ATTEST:
Bfir~~~
'APPROVED AS TO CONTENT:
Rmroy~
APPROVED AS TO FORM:
·--·i.""' ..... L ~~~--~
Linda L. Chalii81es, Assistant City Attorney
UC:js!ZC-2729.0RD
ccdoc:sl April14, 1994
ZONE CASE NO. 2729
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LUBBOCK AVALANCHE-JOURNAL
Southwestern Newspaper Corporation
NOTARY PUBLIC in and 1'ifrtheSt8teOfTexas
My Commission Expires .................. ___ _
Subscribed and sworn to before me tbis __ ~q __ .....;day of Iu. 11 e 19 qt.(
FOR~1S8·10
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# My Commrs!·?n Exp1res 6·30·96
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