HomeMy WebLinkAboutOrdinance - 2009-O0058 - Amending zoning ordinance to make change;sale of alcohol.First Reading
June 23, 2009
Item No. 6.5
Second Reading
July 8, 2009
Item No. 5.8
ORDINANCE NO. 2009-00058
AN ORDINANCE AMENDING CHAPTER 29 OF THE CODE OF
)RDINANCES, CITY OF LUBBOCK, ENTITLED "ZONING" BY AMENDING
IECTION 29-14, "C-A COMMERCIAL -APARTMENT DISTRICT", SECTION 29-
5, "C-1, NEIGHBORHOOD SERVICE DISTRICT", SECTION 29-16, "C-2A
:ESTRICTED LOCAL RETAIL DISTRICT", SECTION 29-17, "C-2, LOCAL
,ETAIL DISTRICT", SECTION 29-18, "C-3, GENERAL RETAIL DISTRICT",
IECTION 29-19, "CB-1 WEST BROADWAY DISTRICT", SECTION 29-19.1,
CB-2, CENTRAL BUSINESS DISTRICT, BROADWAY/13Ti/MAIN", SECTION
9-19.2 "CB-3, CENTRAL BUSINESS DISTRICT, GENERAL", SECTION 29-
9.3, "CB-4, DEPOT DISTRICT; SECTION 29-20 "C-4 COMMERCIAL
)ISTRICT", SECTION 29-21, "INDUSTRIAL PARK DISTRICT", SECTION 29-
2, "M-1, LIGHT MANUFACTURING DISTRICT", SECTION 29-23, "M-2,
IEAVY MANUFACTURING DISTRICT", SECTION 29-23.2, "IHC
NTERSTATE HIGHWAY COMMERCIAL DISTRICT", SECTION 29-23.3 "IHI,
NTERSTATE HIGHWAY INDUSTRIAL DISTRICT", TO ALLOW FOR THE
TALE OF ALCOHOLIC BEVERAGES FOR OFF PREMISE CONSUMPTION AS
�N INCIDENTAL USE WHERE ALLOWED BY STATE AND LOCAL LAW;
AND TO ALLOW FOR THE SALE OF ALCOHOLIC BEVERAGES FOR OFF
'REMISE CONSUMPTION WHERE ALLOWED BY STATE AND LOCAL LAW;
'O ALLOW FOR THE SALE OF ALCOHOLIC BEVERAGES AS A
;ONDITIONAL USE WHERE ALLOWED BY STATE AND LOCAL LAW;
'ROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE; AND
'ROVIDING FOR PUBLICATION.
WHEREAS, all conditions precedent required by law for a valid amendment
the Zoning Ordinance have been fully complied with, including giving notices in
mpliance with the notices provided by the Texas Local Government Code §211.007
emon, 1990) and notice was duly published in the Lubbock Avalanche -Journal
)re than fifteen (15) days prior to the date of the public hearing before the City
ouncil on such proposed amendment, and the public hearing according to said
tice, was held in the City Council chamber of the Municipal Building, Lubbock,
xas, at which time persons appeared in support of the proposal; and after said
aring, it was by the City Council determined that it would be in the public interest,
e to changed conditions, that the Zoning Ordinance be amended in the manner
reinafter set forth in the body of this Ordinances and this Ordinance having been
roduced prior to first reading hereof, NOW THEREFORE;
IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT Section 29-14(c)(15) and (18) of the Code of
ices of the City of Lubbock, Texas are hereby amended to read as follows:
(c) Permitted uses.
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(15) Drug store. In areas allowed by state and local laws, permit the sale of
alcoholic beverages for off premise consumption as an incidental use. (Accessory
pass -out windows for the delivery of prescription medications only shall be
allowed.)
(18) Grocery store with not over three thousand (3,000) square feet of total floor
area. In areas allowed by state and local laws, permit the sale of alcoholic
beverages for off premise consumption as an incidental use. (No gasoline pumps
permitted.)
SECTION 2. THAT Section 29-15(c)(4) of the Code of Ordinances of the
of Lubbock, Texas is hereby amended to read as follows:
(c) Permitted uses.
(4) Grocery store with not over three thousand (3,000) square feet of total floor
area. In areas allowed by state and local laws, permit the sale of alcoholic
beverages for off premise consumption as an incidental use. (No gasoline pumps
permitted.)
SECTION 3. THAT Section 29-16(d)(1a) of the Code of Ordinances of the
y of Lubbock, Texas is hereby amended to read as follows:
(d) Conditional uses. The following uses may be permitted when approved by
the zoning board of adjustments in the manner specified in Section 25 [29-28].
(I a) Alcohol sales, in areas allowed by state and local laws, permit the sale of
alcoholic beverages for off -premise consumption as an incidental use in any
business unconditionally permitted in this district, as defined in Section 29-3(59)
(No accessory pass -out windows and/or delivery to customers while still in their
motor vehicles shall be permitted).
SECTION 4. THAT Section 29-17(c)(11a) and (d)(1a), and (5a) of the Code
lances of the City of Lubbock, Texas are hereby amended to read as follows:
(c) Permitted uses
(I la) Package store with not over eight thousand seven hundred fifty (8,750)
square feet of total floor area.
(d) Conditional uses. The following uses may be permitted when approved by
the zoning board of adjustments in the manner specified in Section 25 [29-28].
(ld) Alcohol sales, in areas allowed by state and local laws, permit the sale of
alcoholic beverages for off -premise consumption as an incidental use in any
business unconditionally permitted in this district, as defined in Section 29-3(59)
with not over eight thousand seven hundred fifty (8,750) square feet of total floor
area dedicated to the sale of alcoholic beverages. (No accessory pass -out
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windows and/or delivery to customers while still in their motor vehicles shall be
permitted).
(5a) Package store with over eight thousand seven hundred fifty (8,750) square
feet of total floor area.
SECTION 5. THAT Section 29-18(c)(8a.1) and (d)(1a) of the Code of
ices of the City of Lubbock, Texas are hereby amended to read as follows:
(c) Permitted uses.
(8a.1) Package store
(d) Conditional uses. The following uses may be permitted when approved by
the zoning board of adjustments in the manner specified in Section 25 [29-28].
(la) Alcohol sales, in areas allowed by state and local laws, permit the sale of
alcoholic beverages for off -premise consumption as an incidental use in any
business unconditionally permitted in this district, as defined in Section 29-3(59).
(No accessory pass -out windows and/or delivery to customers while still in their
motor vehicles shall be permitted).
SECTION 6. THAT Section 29-19(d)(1a) of the Code of Ordinances of the
1 of Lubbock, Texas is hereby amended to read as follows:
(d) Conditional uses. The following uses may be permitted when approved by
the zoning board of adjustments in the manner specified in Section 25 [29-28].
(la) Alcohol sales, in areas allowed by state and local laws, permit the sale of
alcoholic beverages for off -premise consumption as an incidental use in any
business unconditionally permitted in this district, as defined in Section 29-3(59)
(No accessory pass -out windows and/or delivery to customers while still in their
motor vehicles shall be permitted).
SECTION 7. THAT Section 29-19.1(c)(20a) and (30a) and (d)(1a) of the
le of Ordinances of the City of Lubbock, Texas are hereby amended to read as
DWS:
(c) Permitted uses.
(20b) Grocery store. In areas allowed by state and local laws, permit the sale of
alcoholic beverages for off premise consumption as an incidental use as defined in
Section 29-3(59).
(30a) Package store
(d) Conditional uses. The following uses may be permitted when approved by
the zoning board of adjustments in the manner specified in Section 25 [29-28].
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(1a) Alcohol sales, in areas allowed by state and local laws, permit the sale of
alcoholic beverages for off -premise consumption as an incidental use in any
business unconditionally permitted in this district, as defined in Section 29-3(59).
(No accessory pass -out windows and/or delivery to customers while still in their
motor vehicles shall be permitted).
SECTION 8. THAT Section 29-19.2(d)(1a) of the Code of Ordinances of the
of Lubbock, Texas is hereby amended to read as follows:
(d) Conditional uses. The following uses may be permitted when approved by
the zoning board of adjustments in the manner specified in Section 25 [29-28].
(la) Alcohol sales, in areas allowed by state and local laws, permit the sale of
alcoholic beverages for off -premise consumption as an incidental use in any
business unconditionally permitted in this district, as defined in Section 29-3(59).
(No accessory pass -out windows and/or delivery to customers while still in their
motor vehicles shall be permitted).
SECTION 9. THAT Section 29-19.3(d)(1a) of the Code of Ordinances of the
f of Lubbock, Texas is hereby amended to read as follows:
(d) Conditional uses. The following uses may be permitted when approved by
the zoning board of adjustments in the manner specified in Section 25 [29-28].
(la) Alcohol sales, in areas allowed by state and local laws, permit the sale of
alcoholic beverages for off -premise consumption as an incidental use in any
business unconditionally permitted in this district, as defined in Section 29-3(59).
(No accessory pass -out windows and/or delivery to customers while still in their
motor vehicles shall be permitted).
SECTION 10. THAT Section 29-20(c)(44a) and (d)(1a) of the Code of
ices of the City of Lubbock, Texas are hereby amended to read as follows:
(c) Permitted uses
(44a) Reserved.
(d) Conditional uses. The following uses may be permitted when approved by
the zoning board of adjustments in the manner specified in Section 25 [29-28].
(la) Alcohol sales, in areas allowed by state and local laws, permit the sale of
alcoholic beverages for off -premise consumption as an incidental use in any
business unconditionally permitted in this district, as defined in Section 29-3(59).
(No accessory pass -out windows and/or delivery to customers while still in their
motor vehicles shall be permitted).
SECTION 11. THAT Section 29-21(e)(1) of the Code of Ordinances of the
of Lubbock, Texas is hereby amended to read as follows:
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(e) Conditional uses.
(1) Alcohol sales, in areas allowed by state and local laws, permit the sale of
alcoholic beverages for off -premise consumption as an incidental use in any
business unconditionally permitted in this district, as defined in Section 29-3(59).
(No accessory pass -out windows and/or delivery to customers while still in their
motor vehicles shall be permitted).
SECTION 12. THAT Section 29-22(d)(1) of the Code of Ordinances of the
7 of Lubbock, Texas is hereby amended to read as follows:
(d) Conditional uses. The following uses may be permitted when approved by
the zoning board of adjustments in the manner specified in Section 25 [29-281.
(1) Alcohol sales, in areas allowed by state and local laws, permit the sale of
alcoholic beverages for off -premise consumption as an incidental use in any
business unconditionally permitted in this district, as defined in Section 29-3(59).
(No accessory pass -out windows and/or delivery to customers while still in their
motor vehicles shall be permitted).
SECTION 13. THAT Section 29-23(d)(1) of the Code of Ordinances of the
of Lubbock, Texas is hereby amended to read as follows:
(d) Conditional uses. The following uses may be permitted when approved by
the zoning board of adjustment in the manner specified in Section 25 [29-281.
(1) Alcohol sales, in areas allowed by state and local laws, permit the sale of
alcoholic beverages for off -premise consumption as an incidental use in any
business unconditionally permitted in this district, as defined in Section 29-3(59).
(No accessory pass -out windows and/or delivery to customers while still in their
motor vehicles shall be permitted).
SECTION 14. THAT Section 29-23.2(d)(1) of the Code of Ordinances of the
of Lubbock, Texas are hereby amended to read as follows:
(d) Conditional uses.
(1) Alcohol sales, in areas allowed by state and local laws, permit the sale of
alcoholic beverages for off -premise consumption as an incidental use in any
business unconditionally permitted in this district, as defined in Section 29-3(59).
(No accessory pass -out windows and/or delivery to customers while still in their
motor vehicles shall be permitted).
SECTION 15. THAT Section 29-23.3(d)(1) of the Code of Ordinances of the
of Lubbock, Texas is hereby amended to read as follows:
(d) Conditional uses.
(1) Alcohol sales, in areas allowed by state and local laws, permit the sale of
alcoholic beverages for off -premise consumption as an incidental use in any
business unconditionally permitted in this district, as defined in Section 29-3(59).
(No accessory pass -out windows and/or delivery to customers while still in their
motor vehicles shall be permitted).
SECTION 16. THAT violation of any provision of this Ordinance shall be
a misdemeanor punishable by a fine not to exceed Two Thousand and no/100
($2,000.00) as provided in Section 29-31 of the Zoning Ordinance of the City
SECTION 17. THAT should any paragraph, sentence, clause, phrase or word
this Ordinance be declared unconstitutional or invalid for any reason, the
tainder of this Ordinance shall not be affected thereby.
SECTION 18. THAT the City Secretary is hereby authorized to cause
lion of the descriptive caption of this Ordinance as an alternative method
d by law.
AND IT IS SO ORDERED.
by the City Council on first reading this 23cd day of June 2009.
by the City Council on second reading this 8th day of July 2009.
�,�
TOM MARTIN, MAYOR
TTEST:
ebeccA,Parza, City Secretary
P ED AS TO ONTENT:
Randy Henson, irector of Planning
PPR07 AS TO FORM:
Chad Weaver, Asst. City Attorney
R