HomeMy WebLinkAboutOrdinance - 8407-1983 - Amnd Zoning Ord. #7084 And Lubbock Map Changes For: Zone Case #2143 - 02/24/1983SMH/mck ORDINANCE NO. 8407 -------
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND IBE OFFICIAL MAP OF
IBE CITY OF LUBBOCK SO AS TO MAKE THE FOLLOWING CHANGES: ZONE CASE NO. 2143-A;
A SPECIFIC USE ZONE CHANGE, FROM C-2 TO C-4 SPECIFIC USE PERMIT UNDER PROVISIONS
OF SECTION 22.3-23 OF IBE ZONING ORDINANCE FOR A BOWLING CENTER WITH ALCOHOLIC
BEVERAGE SALES AND C-2 USES ON TRACT A, SANDALWOOD VILLAGE ADDITION TO THE CITY
OF LUBBOCK, LUBBOCK COUNTY, TEXAS; SUBJECT TO CONDITIONS; PROVIDING FOR A
PENALTY AS PROVIDED FOR IN SECTION 1-5 OF IBE 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 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
Ball, 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 IBEREFORE:
BE IT ORDAINED BY THE CITY COUNCIL OF IBE CITY OF LUBBOCK:
ZONE CASE NO. 2143-A
SECTION 1. THAT Ordinance No. 7084 and the Official Zoning Map BE and
the same are hereby amended as follows, to-wit:
For a Specific Use Zone Change, from C-2 to C-4 Specific Use Permit under
provisions of Section 22.3-23 of the Zoning Ordinance for a bowling center
with alcoholic beverage sales and C-2 uses on Tract A, Sandalwood Village
Addition to the City of Lubbock, Lubbock County, Texas, located at 78th
Street and University Avenue and subject to conditions.
METES AND BOUNDS DESCRIPTION for a portion of Tract A, Sandalwood Village
Addition to the City of Lubbock, Lubbock County, Texas, being further
described as follows:
BEGINNING at the Northwest corner of said Tract A;
IBENCE East an approximate distance of 530 feet;
I
THENCE South an approximate distance of 250 feet;
THENCE West an approximate distance of 530 feet;
THENCE North an approximate distance of 250 feet to the Point of Beginning.
CONTAINS: 3.22 acres.
SUBJECT TO THE FOLLOWING CONDITION:
a. That a seven foot (7') screening fence of masonry construction be
placed from the building east to the alley property line and south
along the alley property line to the north right of way line of 78th
Street. That the fence be constructed concurrent with the first
building permit.
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 reconnnendations 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. 7084, an Ordinance of the City of
Lubbock, including particularly, but not limited to Section 22 of Zoning
Ordinance No. 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 automaticall
revert back to the C-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 Tract A of the Sandalwood Addition to the 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 1-5 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.
•
Passed by City Council on first reading this -~--.J Passed by City Council on second reading thi :n--..----' 1983.
I--P~,,..,,.l5tl..t.,~, 1983.
ATTEST:
APPROVED AS ·TO CONTENT:
APPROVED AS TO FORM:
Susan M. Horton, Assistant City Attorney
,.
' ; . r. J( t .. F.
~-l,
f._'
. .
.·•· M E M 0
' .•
·10: Susan H~.r:ton LegaJ
, > ...
RE:· Ordinance 8407 :_ Zone Case
(#23 on. 2/10/83 agenda)·. ~·
February ·10; 1983
Continue public hearing on· the reques ·of Bill Stinson and.Wayn~ .Pierce ..
(for South University Development·Company) ·for~ Specific.Use zone change,
from C-2 to C-4 Specific Use Penni t under. ·p~ovi sions of. Sec •. :22.3-23 of the
. Zoning Ordinance.for a bowling ce.nter·with alcoholic beverage··sales and ..
. C;-2 uses· on Tract· A, Sandalwood Vi 11age. ·Addn., ._located at :78th._S.treet_ and.·
Uni vers i_ ty, sUbJ ect ,.to the f~.11 <;>~i ng c~nd i~~ i_o~s.: :-· . ::; ~·/. ;,,:,/::· /.:-" ~: .·;-·
B/AH Approve zone case ·-r~que~t be app.r6ved with corrected
phrasing i ndi catei above (undersc· ored); {a) subject to ,
a 71 screening fence of masonry only be placed .from >
· the bui 1 ding ·east ·to the properly ·1 ine and south to the
south property line; that the fence be constructed concurrent
with the first building per.mit; (b) that the property will
revert to C-2 in the event the bowling alley ceases to exist.
Please revise and return for seco~d reading on 2/24/83.
GAF:f'GA, c~s.
SMH/mck ORDINANCE NO. 8407
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. 2143-A;
A SPECIFIC USE ZONE CHANGE, FROM C-2 TO C-4 SPECIFIC USE PERMIT UNDER PROVISION
OF SECTION 22.3-23 OF THE ZONING ORDINANCE FOR A BOWLING CENTER, ALCOHOLIC BEV~
ERAGE SALES AND C-2 USES ON TRACT A, SANDALWOOD VILLAGE ADDITION TO THE CITY
OF LUBBOCK, LUBBOCK COUNTY, TEXAS; SUBJECT TO CONDITIONS; PROVIDING FOR A
PENALTY AS PROVIDED 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 and Zoning Commission for its reconnnendation 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 change
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. 2143-A
SECTION 1. THAT Ordinance No. 7084 and the Official Zoning Map BE and
the same are hereby amended as follows, to-wit:
For a Specific Use Zone Change, from C-2 to C-4 Specific Use Permit under
provisions of Section 22.3-23 of the Zoning Ordinance for a bowling center,
alcoholic beverage sales and C-2 uses on Tract A, Sandalwood Village
Addition to the City of Lubbock, Lubbock County, Texas, located at 78th
Street and University Avenue and subject to conditions.
METES AND BOUNDS DESCRIPTION for a portion of Tract A, Sandalwood Village
Addition to the City of Lubbock, Lubbock County, Texas, being further
described as follows:
BEGINNING at the Northwest corner of said Tract A;
THENCE East an approximate distance of 530 feet;
' . ..
-~
THENCE South an approximate distance of 265 feet;
THENCE West an approximate distance of 530 feet;
THENCE North an approximate distance of 265 feet to the Point of Beginning
CONTAINS: 3.22 acres.
SUBJECT TO THE FOLLOWING CONDITION:
a. That a seven foot (7') screening fence of masonry or cedar con-
struction be placed from the building east to the property line and
south to the south property line. That the fence be constructed
concurrent with the first building permit.
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. 7084, an Ordinance of the City of
Lubbock, including particularly, but not limited to Section 22 of Zoning
Ordinance No. 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 automatical y
revert back to the C-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 Tract A of the Sandalwood Addition to the 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 1-5 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.
. .. " . . .
Passed by City Council on first reading this 10th day of February , 1983. I -----=--Passed by City Council on second reading this ___ day of , 1983.
BILL McALISTER, MAYOR
ATTEST:
Evelyn Gaffga, City Secretary-Treasurer
APPROVED AS TO CONTENT:
Northcut, Administrator
and Environmental Control
APPROVED AS TO FORM:
Susan M. Horton, Assistant City Attorney
·'.: THE STATE OF TEXAS
COUNTY OF LUBBOCK
Before me Bonnie ~cKee Aufi 11 , AacNco
0
taurnytPublic in and for Lubbock Countv, Texas on this dav
personally appeared wi I a Manali!e r of the S~uthwestern Newsp~-
pers Corporation, publishers of the Lubbock Avalanche-.Journal -Morning, Evening and Sunday, who
being by me duly sworn did depose and say that said newspaper has been published continuously for more
than fifty-two weeks prior to the first insertion of this leli!al Notice-221 words<&6Ot Per
word-$132.6O No. 647517 at Lubbock County, Texas and the attached print-
ed copy of the N0t~ce is a true copy of the or_iginal and was printed in the Lubboc. k
Avalanche-.Journal on the following dates: Feb rua rY 26 & March 5, 1983.
L336
LUBBOCK AVALANCHE-JOURNAL
Southwestern Newspapers Corporation
Subscribed and ,.sworn to before me this .11b._ day of ... M .... a--....r ... c...,h_.__ __ _
FORM58-10
IONNtl fld<tt. NOTARY PUii.iC
IN ANO l'OA TH£ STAT£ er TEXAS
UY COMMJ$$1ON EXPIRES NOY. 10. 1984
~>'?7.YCbU
19-8.3_