HomeMy WebLinkAboutOrdinance - 10126-1998 - Zone Case 2406-C Zoning Change C-3 To C-4 Zoning, Limited To Drive In Restaurant - 12/16/1998First Reading
Item Ro. 32
December 16, 1998
Second Reading
Item Ro. 13
January 14, 1999
ORDINANCE NO. _ _..IOK.IIl~o.e:2~6---
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND Tiffi
OFFICIAL MAP OF Tiffi CITY OF LUBBOCK MAKING Tiffi FOLLOWING
CHANGES: ZONE CASE NO. 2406-C; A ZONING CHANGE FROM C-3 TO C-4
ZONING, LIMITED TO A DRIVE-IN RESTAURANT AND ALL PERMITTED
C-3 USES, ON TRACT A-2 AND A PORTION OF A-5, MILWAUKEE PLACE
ADDITION, 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 compiled 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
Ordinances and this Ordinance having been introduced prior to first reading hereof;
NOW TIIEREFORE:
BE IT ORDAINED BY THE CITY COUNCIL OF Tiffi CITY OF LUBBOCK:
ZONE CASE NO. 2406-C
SECTION 1. THAT Ordinance No. 7084 and the Official Zoning Map are
amended as follows:
A change of zoning under the provisions of Section 29-29 of the Code of
Ordinances of the City of Lubbock from C-3 to C-4 limited to a drive-in
restaurant and aU permitted C-3 uses zoning district on Tract A-2 and a
portion of A-5, Milwaukee Place Addition, City of Lubbock, Lubbock County,
Texas, located south of 19th Street and east of Milwaukee. Subject to the
following condition and being further described as follows:
METES AND BOUNDS:
BEGINNING at a point which is the Northeast corner of said Tract A-2,
Milwaukee Place Addition, same point being a corner of said Tract A-5,
Milwaukee Place Addition and a point in the South right-of-way line of 19th Street
(State Highway 114);
THENCE South 89°57'32" East, along the North lot line of said Tract A-5,
Milwaukee Place Addition, a distance of 40.00 feet to a point which is a
corner of said Tract A-5 and the Northwest corner of Tract A-3,
Milwaukee Place Addition;
THENCE South 00°02'28" West, along an East lot line of said Tract A-5,
same being the West lot line of said Tract A-3, at 193.17 feet pass the
Southwest corner said Tract A-3, same point beginning an interior corner
of Tract A-4-A, Milwaukee Place Addition, continuing along the West lot
line of said Tract A-4-A, a total distance of 203.17 feet to a point in the
South line of a 20 foot underground utility easement;
THENCE North 89°57'32" West, along the South line of said 20 foot
easement, at 179.75 feet pass a corner of said easement, continuing an
approximate total distance of 319.71 feet to a point in the West lot line of
said Tract A-5, same being in the East right-of-way line of Milwaukee
Avenue;
THENCE North 00°02' West, along the West lot line of said Tract A-5,
same being the East right-of-way line of Milwaukee Avenue, a distance of
53.17 feet to a Northwest corner of said Tract A-5, same being the
Southwest corner of Tract A-1, Milwaukee Place Addition;
THENCE North 89°58' East, along a North line of said Tract A-5, same
also being the South lot line of said Lot A-1, a distance of 150.00 feet to a
point which is the Southeast corner of said Tract A-1, same being in the
East lot line of said Tract A-2, Milwaukee Place Addition, and an inside
corner of said Tract A-5;
THENCE South 00°02' East, along an East line of said Tract A-5, same
being the West lot line of said Tract A-2, a distance of 43.17 feet to the
Southwest corner of said Tract A-2, same being an inside corner of said
Tract A-5;
THENCE South 89°57'32" East, along a North lot line of said Tract A-5,
same being the South line of said Tract A-2, a distance of 129.75 feet to
the Southeast corner of said Tract A-2, same being an inside corner of said
TractA-5;
THENCE North 00°02'28" East, along a West lot line of said Tract A-5,
same being the East lot line of said Tract A-2, a distance of 193.17 feet to
the PLACE OF BEGINNING.
SUBJECT TO THE FOLLOWING CONDITION:
1. Limited to a drive-in restaurant and all unconditionally permitted C-3 uses.
Zone Case No. 2406-C
page-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 Noll 00 Dollars
($2,000.00) as provided in Section 29-31 of the Zoning Ordinance of the City of
Lubbock.
SECTION 3. THAT should any paragraph, sentence, clause, phrase or word of
this Ordinance be declared unconstitutional or invalid for any reason, the remainder of
this Ordinance shall not be affected thereby.
SECTION 4. THAT the,City Secretary is hereby authorized to cause publication
of the descriptive caption of this Ordinance as an alternative method provided by law.
AND IT IS SO ORDERED.
Passed by the City Council on first reading this 16tlday ofDeeembeJ" 1998.
Passed by the City Council on second reading this 14th day of .Janua
CONTENT:
APPROVED AS TO FORM:
_....--_<.A/_ -L c:::::::::Y-C~_,~_e:__
Linda L. Chamales, Supervising Attorney
Office Practice
Zone Case No. 2406-C
page-3
THE STATE OF TEXAS
LUBBOCKAVALANCH&JOURNAL
orris Communication Corporation
PHILLIP HERNANDEZ
NotaiY. Public, State of Texas
My Commllslon Expires
12.(t4.2001
·ORDINANCE NO.I0127
L-------------------------------------------------"AN ORDINANCE AMENDING t------ZONING ORDINANCE NO. 708~ AND THE OFFICIAL ·MAP OF liTHE CITY OF LUBBOCK MAIC· •I N G T H E F 0 .L L 0 W I N G "CHANGE$: ZONE CASE NO. 17~ ;f;AZONINGCHANGE FROM
ORDINANCE NO. 10121
. AN ORDINANCE AMENDING I ZONING ORDINANCE NO. 7084
AND THE OFFICIAL MAP OF
THE CITY OF LUBBOCK MAK·
:rNGTHEFOLLOWING ·CHANGES: ZONE CASE N0.2832; ·A ZONING CHANGE FROM R·l TO R-1 SPECIFIC USE ZONING ON A PORTION OF LAND OUT OF SECT10N 4, BLOCK 1!, LUB-BOCK, TEXAS; PROVIDING A
PENALTY; SUBJECT TO CONDI-TIONS, PROVIDING A SAVINGS . CLAUSE AND PROVIDING FOR PUBLICATION.
SECTION 3. THAT violation ofonv
1 provisions Of this Ord!nonce lhol! be deemed o misdemeanor PtJI'Iish· · oblo by line nol to uceed Two
• Thousand and No/100 Dollar&
(S2AIQO.Iro) CIS PrOVIded In Section
:1\>.JJ oflhe Zonl"''l Onllnonco of the : Cltv of Lubbock.
ORDINANCE NO. 10'129
:AN ORDINANCE AMI!NDING
''I ZONING ORDINANCE NO. 7084 ··AND THE OFFICIAL MAP OF if THE CITY OF LUBBOCK MAK· !;IN G THE F 0 L L 0 WING :CHANGES: ZONE CASE NO. 189). : V; A ZONING CHANGE FROM A-
i!l .TO A·2 ZONING, FOR APART·
;fMENTS, ON A PORTION OF-
:;LAND OUT QF SECTION2, ';BLOCK J·S, LUBBOCK, TEXAS; I[ PROVIDING A PENALTY; PRO. 'cVIDING A SAVINGS CLAUSE \i AND PROVIDING FOR PUBLICA-fTION.
SECTION 2. THATvlolaflon of onv ·
Provfskm<)fthl• Ordllloi'!Ce lfloll be
deemed a milden>ean« """'llhablt! bv o tiM not to exceed T-Thou·
10nd and N0/100 Dollon (U.OOO.OO)
0$ ProVIded In Sectl011 29·31 of tho t:l:k~lnance of tho Cltv of 1
·-DJNAII!::E 1110. 'Ol:IU ·
:All ORDINANCE AMENDING
r ARTICLE X OP C'HAPTER 2 OF
THE LUBIOCX CODE OF ORDI-NANCI!St AMENDING ARTI·
CLES I AND Ill AND ADDING AN
ARTICLE IV TO CHAPTER n OF
THE WBBOCK CODE OF ORDI·
NANCE$ ENTITLED "CITY
THOROUGHFARE BI!AUTIFICA-
TION ORDINANCE" WHICH DE·
FINES STREET TREES AND 1
PARK TREES1 RELEGATES AU·
THORITY OVER TftE PLANT•
lNG, MAINTENANCE AND RE·
MOVAL OF SAID P.LANT MATE·
RIAL TO THE PARKS AND REC·
REATION MANGERrJPECIFIES
RECOMMENDED AND PROHIB-
ITED SPECIES OF STREET
TREES TO BE PLANTED, TME
DISTANCES AT WHICH THEY
AR.E TO IE PLANTED FROM
EACH OTHER AND CONSTRUCT·
ED ELEMI!NTJ IN THE LAND-
SCAPE! PROVIDES FOR R.E•
YU!W AND IMP0$1NG A I' SIAL•
TY FOR ALL ACT& IN VIOLA·
TION OF tHE ORDINANCE AS A MISDEMEANOR; PROVIDES A SAVINGS CLAUSE AND PRO· YIDESFOR PUBLICATION.
, IEC.TION 4, Any IIII'IOn VlolofiiiiJ
enr Provision of this ordinance
lltall be, UPOn c-lctlon or o plea !If IUIIty, OIIIIIV •' • Closs C mlsde· meonor punlr.llable according to
1M pr.,lslons olllllnod In I.Ct1911 H. Chollf•r 1 ef the CIIV CO.. R4121
i C·2A WITH CONDITIONS TO C·2 lZONING ON TRACTS A .AND B,
.SOUTHWEST HAVEN ADDITION,
LUBBOCK, TEXAS; PROVIDING
A PENALTY 1 SUBJECT TO CON· l;iDITIONS, PROVIDING A SAY·
•
1:1NGS. CLAUSE AND PROVIDING :FOR PUBLICATION.
.!sECTION 2. TH~ T vlolotlon ot anv o:.Provl51on or tills Ordlnancetfloll be
, ,deemed a misdemeanor Punishable bv fine t~ot II> exceed Two Tflou.
I 11and and NOo'lOO Dollars CU.GOO.OOJ .
: CIS l>f'OY!ded In Section :1\>.:rJ Of the rZonln; Ordlnan<:t' of the Cfl v Of 'l-ubboCk.. • IL.~"-··
/01~~
THE STATE OF TEXAS
COUNTY OF LUBBOCK
Before me Phillip Hernandez a Notary Public in and for Lubbock (
personally appeared Sarah Kelley, Classified Sales Mana~:er of tt
pers Corporation, publishers of the Lubbock Avalanche-Journal -Morning, and Sunda
sworn..~id depose and say that said newspaper has been published continuously for more
or to the first insertion of this _Leg~lo"a,....l.!-:N,..,o""ti~ce,.__,..,...--....., ..... "'"""----------
----------...-.,..,., . .....,..-. __ No./IJ§,... ~ at Lubbock County, Texa.
ed copy of th Legal Notice · s true co y of the .i)ri_ginal and wi
Avalanche-Journal on the following dates: 'II VI',..., l'r ~ / f..,8' ·.·
~ ~Manag.,
LUBBOCK AVALANCHE-JOURNAL
Morris Communication Corporation
Jll$ or t • ,?/I'J• e/y • ·
_.. "' e me thi.o:>..s __ (III!A:..::iJ:..___,day ofL..-.....LA....:.!::vz.I1~~"~~~~~~!::!..-!:V:..__ __ RECFI\'ED--~, .
DEC 3 1998
F Rl\158·10 Cl; Y SE.i..:..r\::. iAHY
LUBBOCK, TEXAS
' .. vt:P~f:iQ·~
'NOTIC~ a·~ g~t the CIIY COIII'It;Jfwlll llold ll:f'!ubllc He«lno 01'1 WtdMiday, DMnlllf'
·16,1tta at nttt ..... ""'1m! cttv council Chan'lbert. 16251Jth It reel, LubbOCk, TellCIII• to COMid..-the recommendclllon~ci:IY the Plill!nlno and Zonlnll COirimiSslon that aonlnu be cl!onoed on certain properties In Lubbock, Tems.. CitY Of LubbOCk Cllv council meetings are avollo-ble to 1111 pertons n111ardless ol dl .. abiiiiY. If YOU A<IUIN IPt!Cial CISSI .. · lance, pkltlse c:ontact the Cltv sec-retary 'I Office at 775-2026 or write Ia vs at PO Box 20()0, LubboCk, TX
79-457 at least .e ""'" In advance 'olthe mee111111. All Interested per·
·11011• mav ~Pt~ak, and then the Cllv
council will act an 1uch recommen-~ datlonJ, The follawln11 mne cases
w~n be heard:
.ZONE CASE NO. 1406-CI Request . Of Rodnev warren (tor Sonic Drive ~nl tor zanlnll chanlle from C4 to C-'1 Specific Use on Tract ,._2 ond a t~ortlon Of A·S, Mllwou!;ee Ptoce
; Add II loll 1 touth ot l91h and east Of
N\Uwaukeel.
'Z:ONE CASE NO. 1150-C: Request o1 G. G-..slrtel Inc. lklr Aloma· 111. P.C.S.l far mn!nu chanve trom C4/AN1ta.ct2'JCII'i:Ttacts I< C)!J'(I, 8, Soutltwesl Haven Addition (61th
Street and LooP 2891.
ZONE CASE NO. tan: Request Of Hugo Reed and Atsoclatas (far
LubbOCk Land Company) for .ron·
1n11 chonoetram R·l taR·! Specific use on a POrtion olland aut a! Sec· tlon •· Block E (north of 12nd Street and east ~ Avenva Ul.
Z:ONE CASE NO.
Of HUIIO Reed Campus Park