HomeMy WebLinkAboutOrdinance - 2009-O0058 - Amending Zoning Ordinance To Make Change;Sale Of Alcohol. - 06/23/2009First Reading
June 23, 2009
Item No. 6.5
Second Reading
July 8, 2009
Item No. 5.8
AN ORDINANCE AMENDING CHAPTER 29 OF THE CODE OF
ORDINANCES, CITY OF LUBBOCK, ENTITLED "ZONING" BY AMENDING
SECTION 29-14, "C-A COMMERCIAL -APARTMENT DISTRICT", SECTION 29-
15, "C-1, NEIGHBORHOOD SERVICE DISTRICT", SECTION 29-16, "C-2A
RESTRICTED LOCAL RETAIL DISTRICT", SECTION 29-17, "C-2, LOCAL
RETAIL DISTRICT", SECTION 29-18, "C-3, GENERAL RETAIL DISTRICT",
SECTION 29-19, "CB-1 WEST BROADWAY DISTRICT", SECTION 29-19.1,
"CB-2, CENTRAL BUSINESS DISTRICT, BROADWAY/13TH/MAIN", SECTION
29-19.2 "CB-3, CENTRAL BUSINESS DISTRICT, GENERAL", SECTION 29-
19.3, "CB-4, DEPOT DISTRICT; SECTION 29-20 "C-4 COMMERCIAL
DISTRICT", SECTION 29-21, "INDUSTRIAL PARK DISTRICT", SECTION 29-
22, "M-1, LIGHT MANUFACTURING DISTRICT", SECTION 29-23, "M-2,
HEAVY MANUFACTURING DISTRICT", SECTION 29-23.2, "IHC
INTERSTATE HIGHWAY COMMERCIAL DISTRICT", SECTION 29-23.3 "IHI,
INTERSTATE HIGHWAY INDUSTRIAL DISTRICT", TO ALLOW FOR THE
SALE OF ALCOHOLIC BEVERAGES FOR OFF PREMISE CONSUMPTION AS
AN INCIDENTAL USE WHERE ALLOWED BY STATE AND LOCAL LAW;
AND TO ALLOW FOR THE SALE OF ALCOHOLIC BEVERAGES FOR OFF
PREMISE CONSUMPTION WHERE ALLOWED BY STATE AND LOCAL LAW;
TO ALLOW FOR THE SALE OF ALCOHOLIC BEVERAGES AS A
CONDITIONAL USE WHERE ALLOWED BY STATE AND LOCAL LAW;
PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE; AND
PROVIDING FOR PUBLICATION.
WHEREAS, all conditions precedent required by law for a valid amendment
the Zoning Ordinance have been fully complied with, including giving notices in
mpliance with the notices provided by the Texas Local Government Code §211.007
ernon, 1990) and notice was duly published in the Lubbock Avalanche -Journal
)re than fifteen (15) days prior to the date of the public hearing before the City
�uncil on such proposed amendment, and the public hearing according to said
tice, was held in the City Council chamber of the Municipal Building, Lubbock,
xas, at which time persons appeared in support of the proposal; and after said
aring, it was by the City Council determined that it would be in the public interest,
e to changed conditions, that the Zoning Ordinance be amended in the manner
reinafter set forth in the body of this Ordinances and this Ordinance having been
roduced prior to first reading hereof, NOW THEREFORE;
IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT Section 29-14(c)(15) and (18) of the Code of
ices of the City of Lubbock, Texas are hereby amended to read as follows:
(c) Permitted uses.
(15) Drug store. In areas allowed by state and local laws, permit the sale of
alcoholic beverages for off premise consumption as an incidental use. (Accessory
pass -out windows for the delivery of prescription medications only shall be
allowed.)
(18) Grocery store with not over three thousand (3,000) square feet of total floor
area. In areas allowed by state and local laws, permit the sale of alcoholic
beverages for off premise consumption as an incidental use. (No gasoline pumps
permitted.)
SECTION 2. THAT Section 29-15(c)(4) of the Code of Ordinances of the
of Lubbock, Texas is hereby amended to read as follows:
(c) Permitted uses.
(4) Grocery store with not over three thousand (3,000) square feet of total floor
area. In areas allowed by state and local laws, permit the sale of alcoholic
beverages for off premise consumption as an incidental use. (No gasoline pumps
permitted.)
SECTION 3. THAT Section 29-16(d)(1a) of the Code of Ordinances of the
ity of Lubbock, Texas is hereby amended to read as follows:
(d) Conditional uses. The following uses may be permitted when approved by
the zoning board of adjustments in the manner specified in Section 25 [29-28].
(la) Alcohol sales, in areas allowed by state and local laws, permit the sale of
alcoholic beverages for off -premise consumption as an incidental use in any
business unconditionally permitted in this district, as defined in Section 29-3(59)
(No accessory pass -out windows and/or delivery to customers while still in their
motor vehicles shall be permitted).
SECTION 4. THAT Section 29-17(c)(1la) and (d)(la), and (5a) of the Code
Ordinances of the City of Lubbock, Texas are hereby amended to read as follows:
(c) Permitted uses.
(lla) Package store with not over eight thousand seven hundred fifty (8,750)
square feet of total floor area.
(d) Conditional uses. The following uses may be permitted when approved by
the zoning board of adjustments in the manner specified in Section 25 [29-28].
(1 d) Alcohol sales, in areas allowed by state and local laws, permit the sale of
alcoholic beverages for off -premise consumption as an incidental use in any
business unconditionally permitted in this district, as defined in Section 29-3(59)
with not over eight thousand seven hundred fifty (8,750) square feet of total floor
area dedicated to the sale of alcoholic beverages. (No accessory pass -out
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windows and/or delivery to customers while still in their motor vehicles shall be
permitted).
(5a) Package store with over eight thousand seven hundred fifty (8,750) square
feet of total floor area.
SECTION 5. THAT Section 29-18(c)(8a.1) and (d)(la) of the Code of
Ordinances of the City of Lubbock, Texas are hereby amended to read as follows:
(c) Permitted uses.
(8a.1) Package store
(d) Conditional uses. The following uses may be permitted when approved by
the zoning board of adjustments in the manner specified in Section 25 [29-28].
(1 a) Alcohol sales, in areas allowed by state and local laws, permit the sale of
alcoholic beverages for off -premise consumption as an incidental use in any
business unconditionally permitted in this district, as defined in Section 29-3(59).
(No accessory pass -out windows and/or delivery to customers while still in their
motor vehicles shall be permitted).
SECTION 6. THAT Section 29-19(d)(1a) of the Code of Ordinances of the
of Lubbock, Texas is hereby amended to read as follows:
(d) Conditional uses. The following uses may be permitted when approved by
the zoning board of adjustments in the manner specified in Section 25 [29-28].
(1 a) Alcohol sales, in areas allowed by state and local laws, permit the sale of
alcoholic beverages for off -premise consumption as an incidental use in any
business unconditionally permitted in this district, as defined in Section 29-3(59)
(No accessory pass -out windows and/or delivery to customers while still in their
motor vehicles shall be permitted).
SECTION 7. THAT Section 29-19.1(c)(20a) and (30a) and (d)(1a) of the
le of Ordinances of the City of Lubbock, Texas are hereby amended to read as
ows:
(c) Permitted uses.
(20b) Grocery store. In areas allowed by state and local laws, permit the sale of
alcoholic beverages for off premise consumption as an incidental use as defined in
Section 29-3(59).
(30a) Package store
(d) Conditional uses. The following uses may be permitted when approved by
the zoning board of adjustments in the manner specified in Section 25 [29-28].
(la) Alcohol sales, in areas allowed by state and local laws, permit the sale of
alcoholic beverages for off -premise consumption as an incidental use in any
business unconditionally permitted in this district, as defined in Section 29-3(59).
(No accessory pass -out windows and/or delivery to customers while still in their
motor vehicles shall be permitted).
SECTION 8. THAT Section 29-19.2(d)(1a) of the Code of Ordinances of the
of Lubbock, Texas is hereby amended to read as follows:
(d) Conditional uses. The following uses may be permitted when approved by
the zoning board of adjustments in the manner specified in Section 25 [29-28].
(la) Alcohol sales, in areas allowed by state and local laws, permit the sale of
alcoholic beverages for off -premise consumption as an incidental use in any
business unconditionally permitted in this district, as defined in Section 29-3(59).
(No accessory pass -out windows and/or delivery to customers while still in their
motor vehicles shall be permitted).
SECTION 9. THAT Section 29-19.3(d)(1a) of the Code of Ordinances of the
of Lubbock, Texas is hereby amended to read as follows:
(d) Conditional uses. The following uses may be permitted when approved by
the zoning board of adjustments in the manner specified in Section 25 [29-28].
(la) Alcohol sales, in areas allowed by state and local laws, permit the sale of
alcoholic beverages for off -premise consumption as an incidental use in any
business unconditionally permitted in this district, as defined in Section 29-3(59).
(No accessory pass -out windows and/or delivery to customers while still in their
motor vehicles shall be permitted).
SECTION 10. THAT Section 29-20(c)(44a) and (d)(la) of the Code of
ices of the City of Lubbock, Texas are hereby amended to read as follows:
(c) Permitted uses.
(44a) Reserved.
(d) Conditional uses. The following uses may be permitted when approved by
the zoning board of adjustments in the manner specified in Section 25 [29-28].
(la) Alcohol sales, in areas allowed by state and local laws, permit the sale of
alcoholic beverages for off -premise consumption as an incidental use in any
business unconditionally permitted in this district, as defined in Section 29-3(59).
(No accessory pass -out windows and/or delivery to customers while still in their
motor vehicles shall be permitted).
SECTION 11. THAT Section 29-21(e)(1) of the Code of Ordinances of the
of Lubbock, Texas is hereby amended to read as follows:
4
(e) Conditional uses.
(1) Alcohol sales, in areas allowed by state and local laws, permit the sale of
alcoholic beverages for off -premise consumption as an incidental use in any
business unconditionally permitted in this district, as defined in Section 29-3(59).
(No accessory pass -out windows and/or delivery to customers while still in their
motor vehicles shall be permitted).
SECTION 12. THAT Section 29-22(d)(1) of the Code of Ordinances of the
of Lubbock, Texas is hereby amended to read as follows:
(d) Conditional uses. The following uses may be permitted when approved by
the zoning board of adjustments in the manner specified in Section 25 [29-28].
(1) Alcohol sales, in areas allowed by state and local laws, permit the sale of
alcoholic beverages for off -premise consumption as an incidental use in any
business unconditionally permitted in this district, as defined in Section 29-3(59).
(No accessory pass -out windows and/or delivery to customers while still in their
motor vehicles shall be permitted).
SECTION 13. THAT Section 29-23(d)(1) of the Code of Ordinances of the
ity of Lubbock, Texas is hereby amended to read as follows:
(d) Conditional uses. The following uses may be permitted when approved by
the zoning board of adjustment in the manner specified in Section 25 [29-28].
(1) Alcohol sales, in areas allowed by state and local laws, permit the sale of
alcoholic beverages for off -premise consumption as an incidental use in any
business unconditionally permitted in this district, as defined in Section 29-3(59).
(No accessory pass -out windows and/or delivery to customers while still in their
motor vehicles shall be permitted).
SECTION 14. THAT Section 29-23.2(d)(1) of the Code of Ordinances of the
of Lubbock, Texas are hereby amended to read as follows:
(d) Conditional uses.
(1) Alcohol sales, in areas allowed by state and local laws, permit the sale of
alcoholic beverages for off -premise consumption as an incidental use in any
business unconditionally permitted in this district, as defined in Section 29-3(59).
(No accessory pass -out windows and/or delivery to customers while still in their
motor vehicles shall be permitted).
SECTION 15. THAT Section 29-23.3(d)(1) of the Code of Ordinances of the
of Lubbock, Texas is hereby amended to read as follows:
(d) Conditional uses.
5
(1) Alcohol sales, in areas allowed by state and local laws, permit the sale of
alcoholic beverages for off -premise consumption as an incidental use in any
business unconditionally permitted in this district, as defined in Section 29-3(59).
(No accessory pass -out windows and/or delivery to customers while still in their
motor vehicles shall be permitted).
SECTION 16. THAT violation of any provision of this Ordinance shall be
eemed a misdemeanor punishable by a fine not to exceed Two Thousand and no/100
>ollars ($2,000.00) as provided in Section 29-31 of the Zoning Ordinance of the City
f Lubbock.
SECTION 17. THAT should any paragraph, sentence, clause, phrase or word
this Ordinance be declared unconstitutional or invalid for any reason, the
winder of this Ordinance shall not be affected thereby.
SECTION 18. THAT the City Secretary is hereby authorized to cause
lion of the descriptive caption of this Ordinance as an alternative method
d by law.
AND IT IS SO ORDERED.
by the City Council on first reading this 23rd day of June , 2009.
by the City Council on second reading this 8th day of JulY , 2009.
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TOM MARTIN, MAYOR
TTEST:
City Secretary
AS TO CONTENT:
LT !1 011
Henson, irector of Planning
Weaver, Asst. City Attorney
AlcoholZoningOrd inance
0
HE STATE OF TEXAS
.OUNTY OF LUBBOCK
iefore me Wendy J. Knox a Notary Public in and for Lubbock County, Texas on tnis
lay personally appeared Mary Elizabeth George of the Southwestern Newspaper
'.orporabon, publishers of the Lubbock Avalanche -Journal - Morning, and Sunday, who being by me duly sworn
lid dispose and say that said newspaper has run continuously for more than fifty-two weeks prior to the first
nsertion of this Legal Notice
No. at Lubbock County, Texas and the attached
)rinted copy of the
_UBBOCK AVALANCHE -JOURNAL
Morris Communication Corporation
is a true copy of the original and was printed in the Lubbock
NOTARY PUaIC in and for the State of Texas
my commission Expires 4✓28/2012
THE STATE flF T5XAS (�Q,UI �J
COUNTY OF LUBBOCK
Before me Wendy J. Knox a Notary Public in and for Lubbock County, Texas on this
day person* opW* Nary Elizabeth George of the Southwestern Newspaper
Corporabon, publishers of the Lubbock Avalanche-Joumal - Morning, and Sunday, who being by me duly sworn
did dispose and say that said newspaper has run continuously for more than fifty-two weeks prior to the first
insertion of this L gal Notice
No. at Lubbock County, Texas and the attached
printed copy of the Legal Notice is a true copy of the original and was printed in the Lubbock
Avalanche•Joumal on the following dates:
NOTARY PiWLIC in and for the State of Texas
my commission Expires 4/2&2012
LUBBOCK AVALANCHE -JOURNAL
Morris Communication Corporation
Subscribed and sworn to before me this p a vj day of
FORM 58-10
6o
WENDY J. KNOX
NOTARY PUBLIC
State of Texas
Exp. 04-28-2012