HomeMy WebLinkAboutOrdinance - 2004-O0098 - Amending Zoning Ordinance Making Changes: Case 2255-O; Drive-Thru Spur 327 - 08/26/2004First Reading
August 26, 2004
Item No. 34
ORDINANCE NO. 2004-o0098
Second Reading
September 16, 2004
ItemNo. 52
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND
THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 2255-0; A ZONING CHANGE FROM GO AND
GO SPECIFIC USE TO C-4 SPECIFIC USE FOR A DRIVE-THRU
RESTAURANT ON LOT 4, SPUR 327, BUSINESS PARK 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 complied with, including giving notices
j in compliance with Section 29-24 of the Code of Ordinances, City of Lubbock, Texas,
I 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 ~n 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 I 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 Ordinance and this Ordinance having been introduced prior
1, to first reading hereof; NOW THEREFORE:
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
ZONE CASE NO. 2255-0
SECTION 1. THAT Ordinance No. 7084 and the Official Zoning Map are
amended as follows:
A change of zoning from GO and GO Specific Use to C-4 Specific Use for a
drive-thru restaurant under provisions of Section 29-24 of the Code of
Ordinances of the City of Lubbock on Lot 4, Spur 327, Business Park
Addition, City of Lubbock, Lubbock County, Texas, located at 5802 and 5806
64th Street, and subject to the following condition:
·I l
1. THAT zoning is tied to Site Plan 2255-0.
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 GO and GO Specific Use zone districts; 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 this Ordinance is
permitted under provision of Section 29-24 (c)(24) of Codified Zoning Ordinance No.
7084 on the property described as Lot 4, Spur 327, Business Park Addition, City of
Lubbock, Lubbock County, Texas.
SECTION 3. ffiAT 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 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.
SECTION 5. 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 __ Au-=gu_s_t __ , 2004.
ATTEST:
~£~.~ R; ecca Garza, CitySeCfe
Zone Case No. 2255-0
page-2of3
APPROVED AS TO CONTENT:
APPROVED AS TO FORM:
Linda L. Chamales
Senior Attorney Office Practice
1 as/cityatt/Linda/ZoneCases/ZC2255-0 I August 5, 2004
Zone Case No. 2255-0
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