HomeMy WebLinkAboutOrdinance - 2011-O0098 - Amendingg Zoning Ordinance 7084. Zone Case 3166. Homeless Shelter. - 10/27/2011First Reading
October 27, 2011
Item No. 6.6
ORDINANCE NO._2_0_1_1-_0_0_0_9_8 __
Second Reading
November 3, 2011
Item No. 5.22
AN OR.DIN/\NCE AMENDING ZONING ORDINANCE NO. 7084 /\ND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING TIIE FOLLOWING
CHANGES: ZONE CASE NO. 3166; A ZONING CHANGE FROM C-.i AND M-2 TO
M-2 SPECIFIC USE FOR A HOM-ELESS SHELTER OR TRANSIENT HOUSING
ON BLOCK 174, A PORTION OF LOTS 1-4 AND A CLOSED ALLEY; AND ON
BLOCK 158, PART OF LOTS 1-10 Ll£SS THE WEST 42.5 FEET, ORIGINAL
TOWN ADDITION, AND LOT 1, LUBBOCK GIN ADDITION, LUBBOCK.
TEXAS; SUBJECT TO CONDITIONS; PROVIDfNG J\ PENALTY: PROVIDING A
SAVINGS CLAUSE /\ND PROVIDJNG FOR PlJBLIC/\TlON.
WI IER.E/\S. the proposed changes in zoning as hcreinallcr made have been duly
presented to the Planning and Zoning Commission for its recommendation, which the
Commission denied, an<l the applicant appealed said denial pursuant tu Section 40.01 .005
of the Code of Ordinances tu the City Council and, aJ'tcr due consiJcration, the City
Council found that due to changed conJitions, it would be expedient and in the interest of
the public health. safety and general welfare to make those proposed changes in znning:
and
WHEREAS. all conditions precedent required by law for a valid amendment to
the Zoning Ordinance and Map have been fully complied 1.vith. including giving notices
in compliance with Section 40.0 I .005 oJ' 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 publisl1L·ci in the Lubbock Avalanche-Journal more
than filh:1.'.n ( 15) days prior to the date or the public hearing before the City Coundl 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 thi.: City
Council determined that it would be in thi.: 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 ri.:ading hereof; an<l
WI IEREAS. Lhe City Council finds that the facility known as Tenl City. operated
by Link Ministries. Inc. located at 1301 /\venue A and 1301 Birch Avenue is a type of
transient housing as set forth in Section 40.03.3103(cc) of the 7.oning Codi:: NO\V
THEREFORE:
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
ZONE CASE NO. 3166
SECTION I. THAT Ordinance No. 7084 and the Official Zoning fvlap arc
amended as follows:
A change of zoning under provisions of Section 40.01.005 of the Code of
Ordinances of the City of Lubbock from C-4 and M-2 to M-2 Specific Use for a
homeless shelter and/or transient housing on Block 17 4, a portion of Lots 1-4
and a closed alley; and on Block 158, part of Lots 1-10 less the west 42.5 feet,
Original Town Addition, and Lot 1, Lubbock Gin Addition, City of Lubbock,
Lubbock County, Texas, located at 1301 Avenue A and 1301 Birch Avenue,
subject to conditions, and being further described as follows:
SUBJECT TO THE FOLLOWING CONDITIONS:
1. THAT the parcel shall be zoned M-2 for a homeless shelter and/or
transient housing and all permitted M-2 uses.
2. THAT the existing fence shall have slats in place around the
perimeter as a privacy fence within 120 days.
3. THAT the former office building shall be equipped with shower,
restroom, and laundry facilities within six (6) months.
4. THAT, subject to the lease and/or property owner approval, the west
quarter of the former cotton gin structure shall be equipped with
electrical power, radiant heating and an evaporative cooling system.
A separate eight (8) foot high wall approved by Building Inspection
shall be installed to isolate the "day" room.
5. THAT no sleeping accommodation shall be allowed in the area
described in 4, above, without approval and in conformance with a
construction permit from Building Inspection.
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,
including particularly, but not limited to, Section 40.03.3102 of the Codified Zoning
Ordinance, which provides that a Building Permit shall be applied for and secured within
thirty (30) months of the effective date of the zone change or all undeveloped property
shall automatically revert back to the previous zoning classification, which in this case is
the C-4 and M-2 zone districts; and if such reversion occurs, the Director of Planning is
directed to remove from the Zoning Map the legend indicating such specific use. The
Specific Use authorized by this Ordinance is permitted under provision of Section
40.03.3103(cc) of Codified Zoning Ordinance No. 7084 on the property described as
1301 Avenue A and 1301 Birch Avenue, City of Lubbock, Lubbock County, Texas.
SECTION 3. THAT violation of any provision of this Ordinance shall be deemed
a misdemeanor punishable by fine not to exceed Two Thousand and Noll 00 Dollars
($2,000.00) as provided in Section 40.01 .006 of the Zoning Ordinance of the City of
Lubbock.
Zone Case No.3166
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SE T ION 4. THAT should any paragraph, scntcm::c, clause. phrase or word of
this Ordinance be declared unconstitutional or in valid for ,my reason. the rcmainck:r or
this Ordinance shall not be affected thereby.
SECTION 5. THAT the City Secretary is hereby au th ori zed to cause publ ication
of the descriptive caption of thi s Ordinance as an alternative method provided by law.
AND IT IS SO RDERED.
Passed by the City Council on first reading on October 2 7 , 2011
Passed by the City Council on second reading on ____ .;.;,N-=-ov_;._e.:..;m:::.;b:....;e=-=r:........:::3~,--=-2-=-0-=-l =-1---
ATTES T:
APPROVED AS TO ONTENT:
~ • • 1 -n _Sc7f\...
Randy l lenso{ Director or Pl an nin11 • V ~
APPROVED AS TO FORM :
/ ,; t:.MJ~
Assistant Ci ty Atlorncy
TOM MARTTN. MAYOR
, I\/ L'1l 1 .-\llll'h,1Jf/.1>1K,II.C3 I hi, \ :\mcmkJ l "11nJ,1 "'"' I
0,1ob~1 27. 2o 11
Zone Case No.3166
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