HomeMy WebLinkAboutOrdinance - 2012-O0069 - Zone Case 3176 - 06/21/2012First Reading
June 21, 2012
Item No. 6.12
ORDINANCE NO.2012-00069
Second Reading
July 12, 2012
Item No. 6.4
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 3176; A ZONING CHANGE FROM R-3 TO IHC
SPECIFIC USE FOR A HOTEL, ON 2.8 ACRES OF PLATTED LAND
INCLUDING LOTS 5 THROUGH 20, BLOCK 11, GREEN HANKINS
ADDITION, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A
j`PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR
(PUBLICATION.
WHEREAS, the proposed changes in zoning as hereinafter made have been duly
sented to the Planning and Zoning Commission for its recommendation which was
eived by the City Council and, after due consideration, the City Council found that due
changed conditions, it would be expedient and in the interest of the public health,
ety and general welfare to make those proposed changes in zoning; and
WHEREAS, the 1986 Comprehensive Land Use Plan as amended is a guide to help the
Lubbock Planning and Zoning Commission and City Council determine the physical
development of the community; however, planning is a continuous process and change is
inevitable; and
WHEREAS, the Lubbock Planning and Zoning Commission and City Council
cognize that the zone change is a minor deviation from the 1986 Comprehensive Land
se Plan as amended, which protects public and private commitments that have been
•eviously based on the Plan; and
WHEREAS, all conditions precedent required by law for a valid amendment to
Zoning Ordinance and Map have been fully complied with, including giving notices
compliance with Section 40.01.005 of the Code of Ordinances, City of Lubbock,
xas, and the notices provided by the Texas Local Government Code §211.007
ernon, 1990), and notice was duly published in the Lubbock Avalanche -Journal more
in fifteen (15) days prior to the date of the public hearing before the City Council on
-h proposed amendment, and the public hearing according to said notice, was held in
City Council Chamber of the Municipal Building, Lubbock, Texas, at which time
rsons appeared in support of the proposal; and after said hearing, it was by the City
,uncil determined that it would be in the public interest, due to changed conditions, that
Zoning Ordinance and the Zoning Map be amended in the manner hereinafter set
rth in the body of this Ordinance and this Ordinance having been introduced prior to
st reading hereof; NOW THEREFORE:
E IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
ZONE CASE NO.3176
SECTION 1. THAT Ordinance No. 7084 and the Official Zoning Map are
;d as follows:
A change of zoning under provisions of Section 40.01.005 of the Code of
Ordinances of the City of Lubbock from R-3 to IHC Specific Use for a hotel on
2.8 acres of platted land including Lots 5 through 20, Block 11, Green
Hankins Addition, City of Lubbock, Lubbock County, Texas, located at North
of Marsha Sharp Freeway, between Vernon Avenue and Avenue V, 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 tied to the proposed site plan, including
setbacks.
2. THAT the requirement for a screen fence shall be waived along
Avenue V and Vernon Avenue, however a full height, solid fence shall
still be allowed on the property line.
3. THAT the curb cut access on Avenue V and Vernon Avenue shall be
allowed within 40 foot of the squared corner from Marsha Sharp
Freeway.
4. THAT the building will be allowed a maximum height of 65 feet.
5. THAT a 4 foot tall directional sign be placed at the north west corner
of the parcel (as presented on the site plan) with logo and `entrance'
only.
6. THAT windows facing north shall be translucent glass or glass block,
not clear windows.
SECTION 2. THAT the granting of this specific use zoning is hereby made
subject to compliance with all provisions of Zoning Ordinance No. 7084, as amended,
ncluding particularly, but not limited to, Section 40.03.3102 of the Codified Zoning
)rdinance, which provides that a Building Permit shall be applied for and secured within
hirty (30) months of the effective date of the zone change or all undeveloped property
;hall automatically revert back to the previous zoning classification, which in this case is
he R-3 zone district; and if such reversion occurs, the Director of Planning is directed to
'emove from the Zoning Map the legend indicating such specific use. The Specific Use
authorized by this Ordinance is permitted under provision of Section 40.03.3101-
10.03.3103 of Codified Zoning Ordinance No. 7084 on the property described as north
►f Marsha Sharp Freeway, between Vernon Avenue and Avenue V, City of Lubbock,
,ubbock County, Texas.
Zone Case No. 3176
page -2of3
SECTION 3. THAT violation of any provision of this Ordinance shall be deemed
a misdemeanor punishable by fine not to exceed Two Thousand and No1100 Dollars
'($2,000.00) as provided in Section 40.01.006 of the Zoning Ordinance of the City of
Lubbock.
SECTION 4. 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 5. THAT the City Secretary is hereby authorized to cause publication
i�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 June 21, 2012
Passed by the City Council on second reading on July 12, 2012
GL ROBE SON, MAYOR
TTEST:
1 14 0-10 dc—c� -k
ebc ca Garza, City Secreta
APPROVED AS TO CONTENT:
�1 a4 �� S C5h
Randy Henso Director of Planning
APPROVED AS TO FORM:
Chad Weaver
Assistant City Attorney
176
7, 2012
Zone Case No. 31
page - 3 of 3
Ordinance No. 2012-00069
HUGO REED AND ASSOCIATES, INC.
1601 AVENUE N / LUBBOCK, TEXAS 79401 / 8061763-5642 / FAX 806/763-3891
TEXAS REGISTERED ENGINEERING FIRM F-760
MR I TEXAS LICENSED SURVEYING FIRM 100676-00
LAND SURVEYORS
CIVIL ENGINEERS
IHC SPECIFIC USE
METES AND BOUNDS DESCRIPTION of a tract of land located in Section 19, Block A, Lubbock County, Texas,
being further described as follows:
BEGINNING at a point in the North right-of-way line of Marsha Sharp Freeway and the Centerline of Vernon
Avenue which bears North an approximate distance of 310 feet and East an approximate distance of 1603 feet
from the Southwest corner of Section 19, Block A, Lubbock County, Texas;
THENCE North, along the Centerline of Vernon Avenue, an approximate distance of 387 feet to a point in the
Centerline of 3rd Street;
THENCE East, along the Centerline of 3rd Street, an approximate distance of 320 feet to a point in the Centerline of
Avenue "V"
THENCE South, along the Centerline of Avenue "V", an approximate distance of 387 feet to a point in the North
right-of-way line of Marsha Sharp Freeway;
THENCE West, along the North right-of-way line of Marsha Sharp Freeway, an approximate distance of 320 feet to
the Point of Beginning.
CONTAINS: approximately 2.8 acres
PREPARED FOR ZONE CHANGE REQUEST ONLY AND DOES NOT REPRESENT AN ACTUAL FIELD
SURVEY.
THIS DOCUMENT SHALL NOT BE RECORDED FOR ANY LAND TITLE PURPOSES.
Prepared for: Greenstreet Construction
May 15, 2012