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HomeMy WebLinkAboutOrdinance - 2002-O0131 - Amending Zoning Ordinance To Make Changes: Case 2222-D; Restaurant - 11/21/2002First: Reading November 21, 2002 It:em No. 38 ORDINANCE Second Reading December 12, 2002 It:em No. 23 2002-D0131 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2222-D; AMENDING THE CONDITIONS OF ORDINANCE 8782 TO ALLOW A RESTAURANT AS A PERMITTED USE ON LOT(S) 1-3, BLOCK 12, O'NEALL TERRACE 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 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. 2222-D SECTION 1. THAT Ordinance No. 7084 and the Official Zoning Map BE and the same are hereby amended as follows, to-wit: Amend Ordinance No. 8782, under the provisions of Section 29-29 of the Code of Ordinances of the City of Lubbock, to allow a restaurant as a permitted use on Lots(s) 1-3 Block 12, O'Neall Terrace Addition, City of Lubbock, Lubbock County, Texas (located at 1701 33rd Street) to include the following conditions or amended conditions: 1. 2. 3. That an additional permitted use be allowed as "specialty sandwich shop." That the required screening fence be stepped down towards 33rd Street. That there be a maximum of one curb cut on A venue Q and one curb cut on 33rd Street. SECTION 2. THAT violation of any provision of this Ordinance shall be deemed a misdemeanor punishable by 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 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 ofthe 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 21stday Passed by the City Council on second reading this 1 ATTEST: ~ 0 4~"'-c¢' ~ ~ Rebcci' Garza, CitY Secretary 'iS APPROVED AS TO FORM: . .._ . ....,· -:c~c:u::~~~ Linda L. Chamales Supervising Attorney/Office Practice Tk/ccdocs!Linda!ZC2222-D November 12, 2002 Zone Case No. 2222-D page-2 of2 Nov. 2002.