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HomeMy WebLinkAboutOrdinance - 9446-1991 - Zone Case 1720-E Zoning Change C-3 To C-4 Specific Use Drive Through Restaurant - 05/23/1991LLC:js First Reading May 23, 1991 Item /116 Second Reading June 13, 1991 Item 117 ORDINANCE NO. 9446 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 1720-E; A ZON- ING CHANGE FROM C-3 SUBJECT TO CONDITIONS TO C-4 SPECIFIC USE PERMIT FOR A DRIVE-THROUGH RESTAURANT ON THE EAST 72 FEET OF LOT 1, VILLAGE WEST ADDITION, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAV- INGS 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 pro- posed 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 giv- ing 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 sup- port 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 here- inafter 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. 1720-E SECTION 1. THAT Ordinance No. 7084 and the Official Zoning Map are amended as follows: A change of zoning from C-3 subject to conditions to C-4 Specific Use Permit, under provisions of Section 29-24{c)(24) of the Code of Ordi- nances of the City of lubbock for a drive-through restaurant on the East 72 feet of lot 1, Village West Addition·, City of lubbock, lubbock County, Texas, located at 5759 34th Street. SUBJECT TO THE FOLLOWING CONDITIONS: a. That the use shall be limited to a drive-through restaurant; and b. That approval be tied to site plan 1720-E as presented to the Planning and Zoning Commission on May 2, 1991; and c. That no amplified speakers shall be allowed on the property except for the menu board send/receive type speaker; and d. That a six foot wooden screening fence shall be required as shown on site plan 1720-E along the East and South property lines. 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 granting 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 Specific Use Permit and 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 subject to conditions zone district; and if such reversion occurs, the Codes Administrator 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 the East 72 feet of lot 1, Village West 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 One Thousand and No/100 Dollars ($1,000.00) as provided in Section 29-31 of the Zoning Ordi- nance 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. - 2 - SECTION 5. THAT the City Secretary is hereby authorized to cause pub- lication of the descriptive caption of this Ordinance as an alternative method provided by law. AND IT IS SO ORDERED. Passed by City Council on first reading this 23rd day of _.....;Ma::.::::::..:Y __ _ 1991. Passed by City Council on second reading this 13th day of June 'I 1991. 'I I, ,I ' . APPROVED AS TO FORM: I ~ c: c:::;;Y ~~-,..~ Linda [. Chamales, Assistant City Attorney - 3 - '· I· THE STATE OF TEXAS COUNTY OF LUBBOCK . -~ R·796 Before me Tonre Henrr a Notary Public in and for Lubbock County, Texas on this day personallyappeared T ... t. Auflll• Account Nanasar oftheSouthwesternNewspa- 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 frrst insertion of this 1 eEal o.ft&~tceA --'~-2 ... ~-~:..a! .... ~---..C>at Lubbock County, Texas and the attached print- ed copy of the lta!al AD ttce is a true copy of the original and was printed in the Lubbock Avalanche-Journal on the following dates :__,Mc:cl'""-"-r__..8~•'--"1.,._9 .... 9~1'------------------ 313 we .50 = 256.50 A£o&;nt Meneeer LUBBOCK AVALANCHE-JOURNAL Southwestern Newspaper Corporation :; I ' R-826 THE STATE OF TEXAS COUNTY OF LUBBOCK Before me T 0 n Y 11 He"· r v a NotarY Public in and for Lubbock County, Texas on this day personallyappeared T.J. Auf11:h Account Hanaeer oftheSouthwestemNewspa- pers Corporation, publishers of the Lubbock A valanche-Joumal -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 _1"-:'e"'"'e""""""a_..l.~·· ·.._,n..,.o:...::t._.i:..::C::..:I=-----------------------------:"---~-~· -~no. 823146 at Lubbock County, Texas and the attached print- ed copy of the I e e II nO t 1 C e · is a true copy of the original and was printed in the Lubbock Avala'f~lJ~n~~ gtbth~fo~gJi~saates: June 15 • t991 .'t ·. ·,. .. ~~. . ·"' • .. '. i AAtcount Manal!t r LUBBoCKAVALANCHE-JOURNAL . Southwestern Newspaper Corporation FORM58-10 . ,. ..... ' .. • . • ;' • 1!" .t.. _. . . ............ '