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HomeMy WebLinkAboutOrdinance - 8629-1984 - Amending Zoning Ordinance To Make Change: Zone Case 2223-B; Restaurant Center - 06/28/1984LJM:da ORDINANCE NO. 8629 ----- 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. 2224-B; A SPECIFIC USE ZONE CHANGE FROM R-2 TO C-2A SPECIFIC USE PERMIT UNDER PROVISIONS OF SECTION 22.3-23 OF THE ZONING ORDINANCE, FOR A RESTAU- RANT CENTER ON LOTS 114-121A, WESTERN MEADOWS ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS; SUBJECT TO CONDITIONS; PROVIDING FOR A PENALTY AS PROVIDED FOR IN SECTION 1-4 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 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, morals, and general welfare to make those proposed changes in zoning; and WHEREAS, all conditions precedent required by law for a valid amend- ment 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 1011f, 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. 2224-B SECTION 1. THAT Ordinance No. 7084 and the Official Zoning Hap BE and the same are hereby amended as follows, to-wit: A Specific Use Zone Change from R-2 to C-2A Specific Use Permit under provisions of Section 22.3-23 of the Zoning Ordinance, for a restau- rant center on Lots 114-121A, Western Meadows Addition, City of Lubbock, Lubbock County, Texas located at 56th Street and Slide Road, subject to conditions and being further described as follows: " METES ANO BOUNDS DESCRIPTION of a tract located in Western Meadows Addition to the City of Lubbock, Lubbock County, Texas, being shown as Tract "C", Western Meadows Addition Preliminary Plat dated May 17, 1984, being further described as follows: BEGINNING at the Northwest corner of Lot 114, Western Meadows Addi- tion; THENCE South an approximate distance of 292.00 feet; THENCE West an approximate distance of 195.00 feet; THENCE North an approximate distance of 28.00 feet; THENCE West an approximate distance of 56.00 feet to a point of curvature; THENCE Northwesterly around a curve to the right, said curve having a radius of 15.00 feet, a central angle of 90°, tangent lengths of 15.00 feet, and a chord distance of 21.21 feet; THENCE North an approximate distance of 244.00 feet to a point of curvature; THENCE Northeasterly around a curve to the right, said curve having a radius of 15.00 feet, a central angle of 90°, tangent lengths of 15.00 feet, and a chord distance of 21.21 feet; THENCE East an approximate distance of 251.00 feet to the Point of Beginning. CONTAINS: 1.7963 acres SUBJECT TO THE FOLLOWING CONDITIONS: a. That the screening wall be installed prior to the issuance of the first building permit. b. That the landscape material in the parkway adjacent to Slide Road be no more than 2 1 and no less than 7' in height. c. That the two separate buildings shall have similar and compatible architectural style and material. SECTION 2. THAT the Director of Planning of the City of Lubbock is 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 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 subject to compliance to all provisions of Zoning Ordinance No. - 2 - • 7084, an Ordinance of the City of Lubbock, including particularly, but not limited to Section 22 of Zoning Ordinance 7084, 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 R-2 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 authorized by this Ordinance is permitted under provision of Section 22.3-23 of Zoning Ordinance No. 7084 on the property respectively described as Lots 114-121A, Western Meadows 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 two hundred dollars as provided in Section 1-4 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. Passed by City 1984. Passed by City 1984. ATTEST: AND IT IS SO ORDERED. Council on first reading this 28.th day of June ------ Council on second reading this J2th day of July , ------ ··tt~BM.~~ -City Secretary-Treasure ,' APPROVED AS TO FORM: Assistant City Attorney - 3 - THE STATE OF TEXAS COUNTY OF LUBBOCK Before me Bonnie McKee a Notary Public in and for Lubbock Countv. Texas on this dav personally app_eared ~wi6a Aufi 11, Account ManaE!er of the S~uthwestern Newspa- pe:s Corporation. publishers of the Lubbock Avalanche-Journal -Morning. Evening and Sundav. who bemg ?Y me duly sworn did depose and say that said newspaper has been publisJ1ed contin1,1ouslv fpr more than fifty-two weeks prior to the first insertion of this t:ee:a I Notice-1020 woraric 0 66c Per WO rd-$673, 20 No. 92~189 at Lubbock County. Texas and the attached print- ed copy of the Notice 1s a true copy of tbe orjJtia.al and was printed in the Lubbock Avalanche-.Journalonthefollowingdates: JUIY 14 & 21, 1954. L-12126 ZlZ~- Account ManaE!er LUBBOCK AVALANCHE-JOURNAL Southwestern Newspapers Corporation Subscribed and sworn to before me this ~ day of _....:J:..;u::...;..:I Y=----· 19~