HomeMy WebLinkAboutOrdinance - 2003-O0005 - Amending Zoning Ordinance To Make Changes: Case 2118-W; Drive Through Restaurant - 01/23/2003First Reading
January 23, 2003
Item No. 32
ORDINANCE NO. 2003-00005
Second Reading
February 13, 2003
Item No. 16
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 2118-W; A ZONING CHANGE FROM C-2 TO C-4
ZONING LIMITED TO DRNE-THROUGH RESTAURANT AND ALL PERMITTED
C-2 USES, ON AN UNPLATTED 0.87-ACRE TRACT OF LAND OUT OF
SECTION 15, BLOCK E-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 compiled with, including giving notices
in compliance with Section 29-20 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 THEREFORE:
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
ZONE CASE NO. 2118-W
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-2 to C-4 limited to a drive-through
restaurant and permitted C-2 uses zoning district on an unplatted 0.87-acre
tract of land out of Section 15, Block E-2, City of Lubbock, Lubbock County,
Texas, located at 82nd Street east of Slide Road, subject to the following
condition, and being further described as follows:
METES AND BOUNDS DESCRIPTION of a 0.8719-acre tract located in Section
15, Block E-2, Lubbock County, Texas, being a portion of a tract ofland recorded
in Volume 5948, Page 239 Official Real Property Records of Lubbock County,
Texas, being further described as follows:
BEGINNING at a ½" iron rod with cap found in the South right-of-way line of
82nd Street at the Northeast comer of Tract "J", Lakeridge Country Club Estates,
an Addition to the City of Lubbock, Lubbock County, Texas, according to the
map, plat, and/or dedication deed thereofrecorded in Volume 3364, Page 114
Real Property Records of Lubbock County, Texas, at the Northwest comer of this
tract;
THENCE East, along the South right-of-way line of said 82nd Street, a distance of
176.66 feet to a½" iron rod with cap found at the Northeast comer of this tract;
THENCE South a distance of 215. 00 feet to a ½" iron rod with cap set for the
Southeast comer of this tract;
THENCE West a distance of 176.63 feet to a½" iron rod with cap set in the East
line of Tract "I", Lakeridge Country Club Estates, an Addition to the City of
Lubbock, Lubbock County, Texas, according to the map, plat, and/or dedication
deed thereofrecorded in Volume 3364, Page 114 Real Property Records of
Lubbock County, Texas for the Southwest comer of this tract;
THENCE N. 00°00'27" W., along the East line of said Tract "I" a distance of
215.00 feet to the POINT OF BEGINNING.
SUBJECT TO THE FOLLOWING CONDITION:
1. Limited to a 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 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.
Zone Case No. 2JJ8-W
page-2 of 3
AND IT IS SO ORDERED.
Passed by the City Council on first reading this 23rd day of January
Passed by the City Council on second reading this 13th day of February
ATTEST:
£:;~9-~c-
Rebecca Garza, City Secretary
APPROVED AS TO FORM:
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Linda L. Chamales, Supervising Attorney
Office Practice
MUCCDOCS & CITY A TT/LINDA/ZONE CASES/zc2 l l 8-W
January 10, 2003
Zone Case No. 2118-W
page-3 of3
, 2003.
, 2003.