HomeMy WebLinkAboutOrdinance - 8385-1982 - Amending Zoning Ordinance To Make Changes: Zone Case No. 2388 - 12/09/1982SMH/mck
ORDINANCE NO.
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF
THE CITY OF LUBBOCK SO AS TO MAKE THE FOLLOWING CHANGES: ZONE CASE NO. 2388;
A SPECIFIC USE ZONE CHANGE, FROM R-1 TO AM SPECIFIC USE PERMIT UNDER PROVISIONS
OF SECTION 22.3-23 OF THE ZONING ORDINANCE, FOR AN AUTOMATIC TELLER MACHINE
ON THE WEST 40 FEET OF LOT 21, BLOCK 2, WESTLAWN ADDITION TO THE CITY OF LUBBOC ,
LUBBOCK COUNTY, TEXAS; SUBJECT TO CONDITIONS; PROVIDING FOR A PENALTY AS PRO-
VIDED FOR IN SECTION 1-5 OF THE CITY CODE; PROVIDING A SAVINGS CLAUSE AND
PROVIDING FOR PUBLICATION.
WHEREAS, the proposed changes in zoning as hereinafter made have been duly
presented to the Planning arid 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, morals, 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, as well as giving
notices in compliance with Section 26 of Ordinance No. 7084, as well as notices
provided by Article lOllf, Vernon's Annotated Civil Statutes, amended in 1961,
and notice was duly published in the Lubbock Morning 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 duly held in the City Council Room on the second floor of the City
Hall, 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 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. 2388
SECTION 1. THAT Ordinance No. 7084 and the Official Zoning Map BE and
the same are hereby amended as follows, to-wit:
A Specific Use Zone Change from R-1 to AM Specific Use Permit under pro-
visions of Section 22.3-23 of the Zoning Ordinance for an automatic teller
machine on the west 40 feet of Lot 21, Block 2, Westlawn Addition to the
City of Lubbock, Lubbock County, Texas, located at 21st Street and Indiana
Avenue and subject to conditions.
SUBJECT TO THE FOLLOWING CONDITIONS:
1. That a detailed landscape plan be submitted prior to the first reading
of City Council.
2. That the kiosk structure be moved a minimum of eight (8) feet to the
north for three full car lengths of stack up space on the development
lot.
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SECTION 2. THAT the Director of Planning of the City of Lubbock is ll
authorized to issue a Specific Use Permit to the Applicant in said Zone Case in !
accordance with the recommendations and conditions imposed by the Planning and ;
Zoning Commission, on file with the office of the Director of Planning and the r
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City Council which are hereby adopted and incorporated herein by reference for ,
all purposes, provided said applicant agrees to be bound by the terms of the !
Specific Use Permit, the granting of Which is hereby made subje.ct to compliance ,
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to all provisions of Zoning Ordinance No. 7084, an Ordinance of the City of
Lubbock, including particularly, but not limited to Section 22 of Zoning I
Ordinance No. 7084, which provides that a Specific Use Permit and a Building I
Permit shall be applied for and secured within thirty (30) months of the I
effective date of.the zone change or all undeveloped property shall automaticalj
revert back to the R-1 zoning district; and the Director of Planning in such
event is directed to remove from the Zoning Map the legend indicating such
limited use. The Specific Use au. thorized by this Ordinance is permitted under 1
1 provision of Section 22.3-23 of Zoning Ordinance No. 7084 on the property
respectively described as the west 40 feet of Lot 21, Block 2, Westlawn Additio~
to the City of Lubbock, Lubbock County, Texas. I
SECTION 3. THAT violation of any provisions of this Ordinance shall be
deemed a misdemeanor punishable by a fine not to exceed two hundred dollars as
provided in Section 1-5 of the City Code.
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.
I ATTEST:
APPROVED AS TO CONTENT:
cutt, Administrator
Environmental Control
APPROVED AS TO FORM:
Susan M. Horton, Assistant City Attorney
THE STATE OF TEXAS
COUNTY OF LUBBOCK
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Before me I:i.f.~,;d.tt J<c.KtQ a Notary Public in and for Lubbock County, Texas on this dav
personally appeared Tll.t f t AS!f11 l"' i\4(£g~-.·t ~•nali:l&f' of the S~uthwestern Newspa-
pers Corporation, publishers of the Lubbock Avalanche-Journal -Morning, Evening and Sunday, who
being by me duly sworn did depose and say that said newspa~r ras bee,n publisbsd continuo~~~y for more
than fifty-two weeks prior to the first insertion of this Le.::-.11 U'tJ.C«"'.t.J,.. ¥&t'~e.~·rr..)~t ftt411'"
wotr.~··i~:;!t·,;?,~~. . No. ,,!,773 at Lubbock County, Texas and the attached.print-
ed copy of the ~•Ctlt't. ~~a tru~ co~y .oph,e o;:Wina~ao4.was printed in the Lubbock Av~~iJournal on the following dates: t.·u;tltt•er· 1.1' .. ._..;.. tl.YSlL•
LUBBOCK AVALANCHE-JOURNAL
Southwestern Newspapers Corporation
Subscribed and sworn to before me this i.l\JI', day of =:.t~ctJt;t~fir
FORM58-10
W)~UW!ErJi1
. t9 a2 il~ DEC 2 9 1982 WJ
CI;·; Si~rtiiARY