HomeMy WebLinkAboutOrdinance - 2002-O0105 - Amending Zoning Ordinance Making Changes: Case 2719-B; Drive Up Restaraunt - 09/26/2002First Reading
September 26, 2002
Item No. 42
ORDINANCE NO. 2002-o0105
Second Reading
October 10, 2002
Item No. 22
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 2719-B; A ZONING CHANGE FROM C-2 TO C-4
SPECIFIC USE ZONING FOR A DRIVE UP RESTAURANT ON AN UNPLATTED
0.82-ACRE TRACT OF LAND OUT OF SECTION 4, BLOCK E, LUBBOCK,
I TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A
SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION.
I 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. 2719-B
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 of Lubbock from C-2 to C-4 Specific Use zoning district
for a drive up restaurant on an unplatted 0.82-acre tract of land out of Section
4, Block E, City of Lubbock, Lubbock County, Texas, located North of 82"d
Street and East of University Avenue, subject to conditions, and being
further described as follows:
METES AND BOUNDS description of a 1.15 Acre Tract out of Section 4,
Block E, Lubbock County, Texas further described as follows:
Beginning at a point 487 feet East of the Southwest corner of Section 4, Block
E, for the Southwest corner of this tract;
THENCE North, a distance of 324 feet;
THENCE East, a distance of 155 feet;
THENCE South, a distance of 324 feet;
THENCE West, a distance of 155 feet to the PLACE OF BEGINNING and
containing 1.15 Acres including any right-of-way.
SUBJECT TO THE FOLLOWING CONDITION:
1. That the use of the parcel shall be C-4, limited to a drive through
restaurant and all permitted C-2 uses.
SECTION 2. THAT the granting of this specific use zoning is hereby made subject to
compliance with 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-2 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
I this Ordinance is permitted under provision of Section 29-24(c) (24) of Codified Zoning
Ordinance No. 7084 on the property described as an unplatted 0.82-acre tract of land
out of Section 4, Block E, City of Lubbock, Lubbock County, Texas.
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.
SECTION 4. 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.
Passed by the City Council on first reading this 26th day of Sept. , 2002.
ZoneCaseNo. 2719-B
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ATTEST:
~~-c~~
Rebecca Garza, City Sec~
APPROVED AS TO FORM:
Linda L. Charnales, Supervising Attorney
Office Practice
TKICCDOCS!CITY ATIIL!NDA/zc2719-B
September 16, 2002
Zone Case No. 2719-B
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