HomeMy WebLinkAboutOrdinance - 2014-O0005 - Zone Case No. 2995-Q - 01/23/2014First Reading
January 9, 2014
Item No. 6.5
ORDINANCE NO. 2014-00005
Second Reading
January 23, 2014
Item No. 5.24
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 2995-Q; A ZONING CHANGE FROM C-2 TO C-4
ZONING DISTRICT LIMITED TO A RESTAURANT (DRIVE IN/THROUGH
ONLY) AND ALL OTHER UNCONDITIONALLY PERMITTED C-2 USES, ON
.87 ACRES OF UNPLATTED LAND OUT OF BLOCK AK, SECTION 29,
LUBBOCK, TEXAS; PROVIDING A PENALTY; SUBJECT TO CONDITIONS;
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 40.01.005 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. 2995-Q
SECTION 1. THAT Ordinance No. 7084 and the Official Zoning Map are
amended as follows:
A change of zoning under the provisions of Section 40.01.005 of the Code of
Ordinances of the City of Lubbock from C-2 to C-4 zoning district limited to a
restaurant (drive in/through only) and all other unconditionally permitted C-
2 uses on .87 acres of unplatted land out of Block AK, Section 29, City of
Lubbock, Lubbock County, Texas, located at 7601 Milwaukee Avenue, subject
to conditions, and being further described as follows:
METES AND BOUNDS DESCRIPTION: Attached as Exhibit "A".
SUBJECT TO THE FOLLOWING CONDITIONS:
1. THAT the zone change be limited to a restaurant (drive in/through
only) and all other unconditionally 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 40.01.006 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 on January 9, 2014
Passed by the City Council on second reading on January 23, 2014
ATTEST:
Garza, City Secretary
Zone Case No. 2995-Q
page - 2 of 3
C. ROBERTSON, MAYOR
APPROVED AS TO CONTENT:
Paxton, Director of Planning
APPROVED AS TO FORM:
Chad Weaver
Assistant City Attorney
vw/CityAtt/Chad/Zones/ZC2995-Q
December 10, 2013
Zone Case No. 2995-Q
page - 3 of 3
ENGINEERING
ASAC & SURVEYING
2737 81ST STREET WHOCK, TEXAS 79423
(806) 745-7670 99
"Count on it"
Metes and Bounds description prepared for Zone Change Purposes only on a 0.87 acre tract out of
Section 29, Block AK, Lubbock County, Texas being further described by metes and bounds as follows:
BEGINNING at a point in the East line of Milwaukee Avenue for the Southwest corner of this tract which
bears N 00°03'28" E, 2015.96 feet and S 89° 56'32" E, 55 feet from the Southwest corner of Section 29,
Block AK;
THENCE N 0000328" E, 126.00 feet;
THENCE N 45004'14" E, 21.21 feet;
THENCE S 89055'00" E, 245.00 feet;
THENCE S 44055'46" E, 14.15 feet;
THENCE S 0003'28" W, 131.00 feet;
THENCE N 89055'00" W, 270.00 feet to the PLACE of BEGINNING and containing 0.870 Acres.
Prepared for Zone Change Purposes only.
Does not represent a survey.
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