HomeMy WebLinkAboutOrdinance - 2006-O0004 - Amending Zoning Ordinance To Make Change To Case 3003-A; Drive Through Rest. - 01/12/2006First Reading
January 12,2006
Item 6.4
ORDINANCE NO. 2006-J>0004
Second Reading
January 26,2006
Item No. 5.4
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND
THE OFFICIAL MAP OF THE CITY OF .LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 3008-A; A ZONING CHANGE FROM C-3 TO C-4
ZONING LIMITED TO A DRIVE THROUGH RESTAURANT, AND ALL
UNCONDITIONALLY PERMITTED C-3 USES ON 3,200 SQUARE FEET
PORTION OF TRACT U-1-A, GREENLAWN ADDITION, LUBBOCK, TEXAS;
SUBJECT TO CONDITIONS; PROVIDING A PENALTY; 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
II 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. 3008-A
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-3 to C-4 limited to a drive
through restaurant and all unconditionally permitted C-3 uses on 3,200
square feet portion of Tract U-1-A, Greenlawn Addition, City of
Lubbock, Lubbock County, Texas, located at 5735 19th Street, subject to
conditions and being further described as follows:
METES AND BOUNDS DESCRIPTION: Attached as Exhibit "A".
I
SUBJECT TO THE FOLLOWING CONDITION:
1. THAT the single permitted C-4 use is a drive-through coffee or other
beverage facility . Otherwise the land shall be used for uses permitted
within the C-3 District.
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 fust reading this 12th day of _ _,J...,.a .... nua~o:...,__, 2006.
Passed by the City Council on second reading this 26th day of Januarv '2006.
de MAYOR
ATTEST:
~-~ Rebecca Garza, City secl'etafY
Zone Case No. 3008-A
page -2 of 3
nior Planner
APPROVED AS TO FORM:
-,G ~ ~«.;_~
Linda L. Chamales
Senior Attorney Office Practice
as/ ClTY A TT /LINDA/ZONE CASES/zc3008-A
, December 1, 2005
Zone Case No. 3008-A
page-3 of3
Zone Case N n, ;:,oo.o;~ -~
Emibit "A"
HUGO REED AND ASSOCIATES. INC.
1101 AY1n11e N f lutlboctc. TUu1't401/80&'783-5142/ FAX aoeJ7&1.3ftt
LANO
CIVIL ENGINEERS
METES AND BOUNDS DESCRIPTION of a portion of Tract ··U-1-A", GreeniBwn Addition t0 the City of Lubbock, Lubbock
Count}'. Texas, according to the map, plat and/or dedication deed thereof recorded in Volume 1951, Poge 256 af the Deed Rec<W&
of Lubbock County, Texas. heiDi ft:.nher described as follows:
BEGINNINO at a spindle set fur me Northeast corner of tllis tract which bean South a distance of 48.00 feet IUld West a dlstanoe
of 20.83 feet from an "'X" found c:\Jt in conc:rcte a£ lhe originaJ Northeast comer of Tract "U· 1-A", Greenlaw~ Ad(!i~oD, to lhe Cit)
ofLubbo.:k. Lubbock County. Texas; · ·. · ·
THENCE South a distance of 80.00 iK-~ to a $pindle set fer lN: Southeast corner of this uact:
THENCE W$ a distance of 40.00 feet to 11 spindle set for the Southwest comer of this trBCt:
THENCE North • distuce of 80.00 feer to a spindle set for the Nonbwest .:umer of this tract:
THENCE Eut a distant"e of 40.00 feet to rhe Point of Beginning.
Contains: 3,200 "JU~ feet
Surve)ed on dlc groond
November 9, 2005
Daniel E. Martinez
Regi.ottred Profc~5iool.l LaJtd Suneyor
No. 4S 15 Statt of Texas
I ·'