HomeMy WebLinkAboutOrdinance - 9501-1992 - Zone Case 2680 Zoning Change C-3 To C-4 Specific Use Drive-Through Restaurant - 01/23/1992LLC:js
First Reading
January 23, 1992
Item #13
Second Reading
February 13, 1992
Item #9
ORDINANCE NO. 9501
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF
THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2680; A ZONING
CHANGE FROM C-3 TO C-4 SPECIFIC USE PERMIT FOR DRIVE-THROUGH RESTAURANT AND
ALL UNCONDITIONALLY PERMITTED C-3 USES ON A 200' x 200' TRACT BEING THE
NORTHEAST CORNER OF TRACT B, CAPROCK ADDITION, LUBBOCK, TEXAS; PROVIDING A
PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION.
1 WHEREAS, the proposed changes in zoning as hereinafter made have been 1duly 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. 2680
SECTION 1. THAT Ordinance No. 7084 and the Official Zoning Map are amended as follows:
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A change of zoning from C-3 to C-4 Specific Use Permit, under provisions
of Section 29-24(c)(24) of the Code of Ordinances of the City of Lubbock
for drive-through restaurant and all unconditionally permitted C-3 uses,
on a 200' X 200' tract being the Northeast corner of Tract "B," Caprock
Addition, City of Lubbock, Lubbock County, Texas, located at the
Southwest corner of 50th Street and Boston Avenue.
SECTION 2. THAT the Codes Administrator of the City of Lubbock is
authorized to issue a Specific Use Permit to the Applicant in said Zone Case
in accordance with the conditions imposed by the City Council, provided said
applicant agrees to be bound by the terms of the Specific Use Permit, the
ranting of which 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 Spe-
ific Use Permit and a Building Permit shall be applied for and secured within
hirty (30) months of the effective date of the zone change or all undeveloped
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roperty shall automatically revert back to the previous zoning classifica-
ion, which in this case is the C-3 zone district; and if such reversion
ccurs, the Codes Administrator is directed to remove from the Zoning Map the
egend indicating such specific use. The Specific Use authorized by this
. rdinance is permitted under provision of Section 29-24(c)(24) of Codified
~oning Ordinance No. 7084 on the property described as a 200' X 200' tract
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being the Northeast corner of Tract "B," Caprock Addition, City of Lubbock,
Lubbock County, Texas.
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I SECTION 3. THAT violation of any provisions of this Ordinance shall
be deemed a misdemeanor punishable by a fine not to exceed One Thousand and
o/100 Dollars ($1,000.00) as provided in Section 29-31 of the Zoning Ordi-
ance of the City of Lubbock.
SECTION 4. THAT should any paragraph, sentence, clause, phrase or word
f this Ordinance be declared unconstitutional or invalid for any reason, the
emainder of this Ordinance shall not be affected thereby.
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SECTION 5. THAT the City Secretary is hereby authorized to cause pub-
ication of the descriptive caption of this Ordinance as an alternative method
rovided by law.
assed by City Council
1992.
ri•ssed by City Council
1992.
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r-2680.DlilJ/Dl-A&ond•
AND IT IS SO ORDERED.
on first reading this 23rd day of January
on second reading this 13th day of February
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ann ng
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R-1073
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THE STATE OF TEXAS
COUNTY OF LUBBOCK
Before me TeAYf Henrv a Notary Public in and for Lubbock County, Texas on this day
personally appeared • J • Au f 11 I • Acco u n t Man a I! e r · of the Southwestern Newspa-
pers Corporation, publishers of the Lubbock Avalanche-Journal -Morning, and Sunday, who being by me duly
sworn did depose and say that said newspaper has been published continuously for more than fifty-two weeks pri-
or to the first insertion of this __._I .:11.t-&t .. 1 ..... l__._n..,,o,_,tL.liL.lc..,e.__ ___________________ _
-----=----:--~---•"300877 at Lubbock County, Texas and the attached print-
ed copy of tbe I e I!• I n O t 1 cc is a true copy of the original and was printed in the Lubbock
Avalanche-Journal on the following dates: _ _.J .... e .... n ...... ...__.1...,0 ........ , -1-1 .... ,__.1 ... 2 ..... ,..__.1_9..._9.._2 __________ _
178 WI 1,§9 -283•02
LUBBOCK AVALANCHE-JOURNAL
Southwestern Newspaper Corporation
Subscribed and sworn to before me thi ..... s _.1...,3"'--___ __..
FORl\158-111