HomeMy WebLinkAboutOrdinance - 2003-O0093 - Amending Ordinance Making Changes: Zone Case 1058-L - 08/28/2003First Reading
August 28'" 2003
Item No. 56
ORDINANCE NO. 2003-00093
Second Reading
September 4, 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. 1058-L; A ZONING CHANGE FROM C-2 TO C-4
ZONING LIMITED TO A DRIVE-IN RESTAURANT AND ALL PERMITTED C-2
USES ON A PORTION OF THE SOUTHWEST CORNER OF TRACT 1, LIVE
OAK ADDITION, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING
A PEANLTY; 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:
ZO1''E CASE NO. 1058-L
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 zoning limited to a drive-
in restaurant and all permitted C-2 Uses on a portion of the southwest
corner of Tract 1, Live Oak Addition, City of Lubbock, Lubbock County,
Texas, located at 6409 Indiana Avenue, subject to conditions and being
further described as follows:
METES AND BOUNDS DESCRIPTION of a tract of land out of the Southwest
¼ of Section 7, Block E-2, Lubbock County, Texas, being futher described as
follows:
BEGINNING at a point which bears 100.23' East and 45.00' North from the
Southwest corner of Section 7, Block E-2;
THENCE West a distance of 20.00' to a point of curvature to the right;
THENCE Northwesternly around a curve to the right, said curve having a
radius of 25.00', tangents of 25.00', a delta angle of 90°, a chord distance of
35.26';
THENCE North a distance of 20.00';
THENCE East a distance of 45.00';
THENCE South a distance of 45.00' to the PLACE OF BEGINNING.
SUBJECT TO THE FOLLOWING CONDITIONS:
a. That the zoning shall be C-4 limited to a drive thru food and beverage
kiosk and all permitted C-2 permitted uses.
b. That should the use be terminated for one year, the parcel zoning will
revert to C-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 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 1058-L
page 2 of 3
AND IT IS SO ORDERED.
Passed by the City Council on first reading this 28th day of
ATTEST:
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
APPROVED AS TO FORM:
" f " (·-····-~ / --;V 0.;? / /,7' ------~~ ----c... c_-' ~.,
Linda L. Chamales, Supervising Attorney
Office Practice
Ke/ccdocs/ZC1058-L
Augustl8,2003
Zone Case No 1058-L
page -3 of 3
August , 2003.
UGAL, MAYOR