HomeMy WebLinkAboutOrdinance - 2005-O0139 - Amending Zoning Ordinance 7084. Zone Case 1154-C Drive Through Restaurant - 11/18/2005First Reading
November 18,2005
Item 6.1.3
ORDINANCE NO. 2005-001 39
Second Reading
December 1, 2005
Item 6.7
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 1154-C; A ZONING CHANGE FROM C-2 TO C-4
LIMITED TO A DRIVE THROUGH RESTAURANT AND ALL
UNCONDITIONALLY PERMITTED C-2 USES ZONING ON 0.3829 ACRES OF
UNPLATTED LAND OUT OF BLOCK A, SECTION 2, 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
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.ll54·C
SECTION 1. THAT Ordinance No. 7084 and the Official Zoning Map are
J 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-2 to C-4 limited to a drive through
restaurant and aU unconditionally permitted C-2 uses zoning district on
0.3829 acres of unplatted land out of Block A, Section 2, City of Lubbock,
Lubbock County, Texas, located at 2520 Parkway Drive, subject to conditions
and being further described as follows:
METES AND BOUNDS DESCRIPTION: Attached as Exhibit "A".
II
SUBJECT TO THE FOLLOWING CONDITION:
1. THAT the permitted uses are limited to a food drive through restaurant
and all permitted C-2 uses.
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 18th day of NovPII!ber '2005.
Passed by the City Council on second reading this ~day
ATTEST:
~£<&~~
Rebecca Garza, City Secretary~
Zone Case No. 1154-C
page-2 of3
APPROVED AS TO CONTENT:
~St>Y'-
ior Planner
APPROVED AS TO FORM:
~~~~£~~
Linda L. Chamales
Senior Attorney Office Practice
aslcityatt/Linda/ZoneCase/ZC 1154-C
November 3, 2005
Zone Case No. 1154-C
page-3 of3
(Ordinance No. 2005-00139
-Exhibit "A"
(~one Case No. 1154-C
Zone Case 1154-C Metes and Bounds
Metes and Bounds description of a 0.3829 Acre Tract out of Section 2, Block A, Lubbock
County, Texas, further described as follows:
BEGINNING at a point for the Southeast comer of this tract and the Southwest comer of
Lot 2, Oates Addition;
THENCE North, 211.85 feet;
THENCE S 56°28'12" W, 147.58 feet;
TIIENCE S 33°31 '48" E, 83.00 feet;
THENCE S 0°48'11" E, 62.21 feet;
THENCE S 89°11 '49" W, 76.31 feet to the Place of Beginning and containing 0.3829
Acres.
For ZONE CASE purpose only.