HomeMy WebLinkAboutOrdinance - 2009-O0055 - Amending Zoning Ordinance To Make Change C-2 C-4;Zone Case 2134D;Restaurant Etc - 06/23/2009First Reading
June 23, 2009
Item No. 6.2
ORDINANCE NO. 2009-00055
Second Reading
July 8, 2009
Item No. 5.6
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND
THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 2134-1); A ZONING CHANGE FROM C-2
SPECIFIC USE TO C-4 ZONING DISTRICT LIMITED TO A RESTAURANT
WITH A SEPARATE EXTERIOR ENTRANCE TO THE BAR AREA AND ALL
C-2 PERMITTED USES, ON THE NORTH 234 FEET OF THE EAST 27 FEET
OF LOT 3, AND THE NORTH 234 FEET OF THE WEST 84 FEET OF LOT 2,
LUBBOCK, TEXAS; PROVIDING A PENALTY; SUBJECT TO CONDITIONS;
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
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 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. 2134-D
SECTION 1. THAT Ordinance No. 7084 and the Official Zoning Map are
amended as follows:
1. A change of zoning under the provisions of Section 29-29 of the Code of
Ordinances of the City of Lubbock from C-2 Specific Use to C-4 zoning
district limited to a restaurant with a separate exterior entrance to the
bar area and all C-2 permitted uses on the North 234 feet of the East 27
feet of Lot 3, and the North 234 feet of the West 84 feet of Lot 2, City of
Lubbock, Lubbock County, Texas, located at 2605 19' Street, subject to
conditions and being further described as follows:
SUBJECT TO THE FOLLOWING CONDITIONS:
1. THAT the operation of the business shall meet the definition of a
restaurant with an alcoholic beverage permit with the exception that
a door may be constructed on the west wall to access the parking lot.
2. THAT the business shall operate as a restaurant defined in the
Zoning Code and the lounge area shall not have a different name
than the restaurant on the exterior of the structure.
3. THAT the time of operation shall be as required for a restaurant
with an alcoholic beverage permit and within the time ranges allowed
by the State of Texas liquor law.
4. THAT should the restaurant close and not be reopened within one (1)
year meeting the conditions noted above, the zoning shall revert to C-
2.
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 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 23rd day of June , 2009.
Passed by the City Council on second reading this 8th day of July , 2009.
TOM MARTIN, MAYOR
Zone Case No. 2134-D
page -2of3
ATTEST:
—0 =C�' - f��
Rebecca' arza, City Secretary
APPROVED AS TO CONTENT:
-'12-o,4 50m,
Ran y Henson, Z51ector of Planning
APPROVED AS TO FORM:
Chad Weaver
Assistant City Attorney
vw/CityAn/Chad/Zones/zc2134-D
June 10, 2009
Zone Case No. 2134-D
page - 3 of 3
HE STATE OF TEXAS
:OUNTY OF LUBBOCK
Wore me _Wo_n!& J. Knox a Notary Public in and for Lubbock County, Texas on this
lay perswtally appeared Mary Elizabeth George of the Southwestern Newspaper
:orporatlon, publishers of the Lubbock Avalanche-Joumal - Morning, and Sunday, who being by me duly sworn
lid dispose and say that said newspaper has run continuously for more than fifty-two weeks prior to the first
nsertion of this Le a/ Notre
No. at Lubbock County, Texas and the attached
)rinted copy of the
_UBBOCK AVALANCHE -JOURNAL
Morris Communication Corporation t�
Subscribed and sworn to before me this
FORM 58-10
is a true copy of the original and was printed in the Lubbock
-—1-.4-C= I`n ln91 Cj-5
NOTARY PU C in and for the State of Texas
my commission Expires 4✓28/2012
day of
WENDY I KN
NOTARY PUBLIC
'• * _.' *' State of Texas
Comm. EX . 04-28-2012
THE STATE OF TEkAS RQ&ka(�Q,VI,g
COUNTY OF LUBBOCK
Before me Wendy J. Knox a Notary Public in and for Lubbock County, Texas on this
day personally appiaaW MM Elizabeth George of the Southwestern Newspaper
Corporation, publishers of the Lubbock Avalanche-Joumal - Morning, and Sunday, who being by me duly sworn
did dispose and say that said newspaper has run continuously for more than fifty-two weeks prior to the first
insertion of this Legal Notice
No. at Lubbock County, Texas and the attached
printed copy of the Legal Notice is a true copy of the original and was printed in the t7bock
Avalanche -Journal on the following dates: 02 (4 o' ��
NOTARY PiJ6LIC in and for the State of Texas
my commission Expires 412812012
LUBBOCK AVALANCHE -JOURNAL
Morris Communication Corporation
Subscribed and sworn to before me this p Q V-9 day of
0 D�
io:"""`•�� ; WENDY J. KNT
FORM 58-10 ? a►(;�1 NOTARY PUBLIC
'.� ;:;• State of Texas
Exp. 04-28-2012
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