HomeMy WebLinkAboutOrdinance - 2005-O0059 - Amending Zoning Ordinance To Make Change: Zone Case No. 2573-H For Hotel - 05/26/2005First Reading
May 26,2005
Item 27
ORDINANCE NO. 2005-o0059
Second Reading
June 9, 2005
Item 14
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND
THE OFACIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 2573-H; A ZONING CHANGE FROM C-3 TO A-M
SPECIFIC USE FOR A HOTEL ON 1.849 ACRES OF UNPLATTED LAND OUT
OF SECTION 22, BLOCK A, LUBBOCK, TEXAS; PROVIDING A PENALTY,
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 reconunendation 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 29-24 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. 2573-H
SECTION 1. THAT Ordinance No. 7084 and the Official Zoning Map are
amended as follows:
A change of zoning from C-3 with conditions, to A-M Specific Use for a hotel
under provisions of Section 29-24 of the Code of Ordinances of the City of
Lubbock on 1.849 acres of unplatted land out of Section 22, Block A, City of
Lubbock, Lubbock County, Texas, located west of North Winston Avenue and
north of North Loop 289, and being further described as follows:
METES AND BOUNDS DESCRIPTION: Attached as Exhibit "A".
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 29-24 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-3 zone district; 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
29-24 (21) a of Codified Zoning Ordinance No. 7084 on the property described as
1.849 acres of unplatted land out of Section 22, Block A, 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 No/100
Dollars ($2,000.00) as provided in Section 29-31 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 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 this 26th day of __ Ha---:::y ___ , 2005.
Passed by the City Council on second reading this 9t:h
ATTEST:
£o ifl<-<,. Th ~ Rci;CC'a Garza, City Secretary
Zone Case No. «ZoneCaseNo»
page-2of3
APPROVED AS TO FORM:
Linda L. Chamales
Senior Attorney Office Practice
as/cityatt/Linda/ZoneCases/ZC2573-H
May 5, 2005
Zone Case No. «ZoneCaseNo»
page-3 of3
Exhibit "A"
Ordinance No. 2005-o0059~
6310 Genoa Ave. Ste. A Phone & Fax: (806} 765-95+3
Lubbock; TX 7942+ Email: smithsurveying@nts-online.net
ZONE CHANGE REQUEST DESCRJPTION
IN SECTION 22, BLOCK A
LUBBOCK COUNTY, TEXAS
•
:METES AND BOUNDS DESCRIPTION OF A 1.849 ACRE TRACT OF LAND LOCATED IN SECTION 22,
BLOCK A, LUBBOCK COUNTY, TEXAS, AND BEING A PORTION OF THAT CERTAIN TRACT OF LAND
DESCRIBED :IN VOLUME 7943, PAGE 144, OFFICIAL PUBLIC RECORDS OF LUBBOCK COUNTY, SAID
1.849 ACRE TRACT BEING FURTHER DESCRIBED AS FOLLOWS:
BEGINNING AT THE MOST NORTIIBRL Y SOUTHEAST CORNER OF TinS TRACT IN THE WEST RIGHT-
OF-WAY LINE OF N:ORTH WINSTON A VENUE, AS SHOWN ON THE MAP OR PLAT OF TRACT A, NORTH
PARK. AN ADDITION TO THE CITY OF LUBBOCK, RECORDED IN VOLUME 9001, PAGE 345, OFFICIAL
PUBLIC RECORDS OF LUBBOCK COUNTY, FROM WHENCE THE NORTHWEST CORNER OF SAID SEC·
TION 22 IS CALLED TO BEAR N.00° 04' 17"E. 1790.62 FEET AND N.89° 55' 52"W. 1167.78 FEET, BY SAID
DEED RECORDE~ IN VOLUME 7943, PAGE 144;
THENCE S.8° 03' 54"W. A DISTANCE OF 21.21 FEET TO THE MOST SOUTHERLY SOUTHEAST CORNER
OF TinS TRACT;
THENCE S.53° 03' 54"W. A DISTANCE OF 350.00 FEET TO THE SOUTHWEST CORNER OF THIS TRACT;
THENCE N.36° 56' 06"W. A DISTANCE OF 221.00 FEET TO THE NORTHWEST CORNER OF THIS TRACT;
THENCE N.53° 03' 54"E. A DISTANCE OF 365.00 FEET TO A POINT IN SAID WEST RIGHT OF WAY LINE
FOR THE NORTHEAST CORNER OF THIS TRACT;
THENCE S.36° 56' 06"E. A DISTANCE OF 206.00 FEET TO THE PLACE OF BEGINNING.
PREPARED:
APR.U. 6, 2005
FROM SURVEY DATED FEBRUARY 2, 2005 BY SMITH SURVEYING.
SURVEYOR'S REPORT:
TinS SURVEY IS SUBJECT TO ANY FACTS THAT MAY BE DISCLOSED BY A FULL AND ACCURATE
TITLE SEARCH.
FOUND MONUMENTS ARE ACCEPTED BY THIS SURVEYOR AS CONTROLLING EVIDENCE DUE TO
SUBSTANTIAL AGREEMENT WITH RECORD DOCUMENTS.
BEARINGS ARE RELATIVE TO THE PLAT OF NORTH PARK, AN ADDmON. TO THE CITY OF LUBBOCK,
RECORDED lN VOLUME 9001, PAGE 345, OFFICIAL PUBLIC RECORDS OF LUBBOCK COUNTY.
JUL 11 Z005
Subscribed and sworn to before me this'--t/)r--_1 ... -tA..:.;..o.-=----'
FORM58·10