HomeMy WebLinkAboutOrdinance - 2006-O0091 - Amending Zoing Ordinance To Make Change: Zone Case 1588-B; Use For Hotel - 08/24/2006First Reading
August 24,, 2006
Item Ho. 6.3
ORDINANCE NO. 2006-00091
Second Reading
September 13,, 2006
Item Ho. 5.3
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND
THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 1588-B; A ZONING CHANGE FROM R-2, A-2,
AND IHC TO CB-3 SPECIFIC USE FOR A HOTEL ON TRACTS 7 AND 9,
OVERTON PARK ADDITION, LUBBOCK, TEXAS; SUBJECT TO
CONDITIONS; 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 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 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. 1588-B
SECTION 1. THAT Ordinance No. 7084 and the Official Zoning Map are
amended as follows:
A change of zoning from R-2, A-2, and IHC to CB-3 Specific Use for a hotel
under provisions of Section 29-24 of the Code of Ordinances of the City of
Lubbock on Tracts 7 and 9, Overton Park Addition, City of Lubbock,
Lubbock County, Texas, located east of A venue X and north of Mac Davis
Lane, and subject to conditions.
SUBJECT TO THE FOLLOWING CONDITIONS:
1. THAT the zoning be tied to the building elevation with some minor
modifications that are being required by the developer for greater
compatibility with materials used on the Tech Campus.
2. THAT the zoning be tied to the proposed site plan.
3. THAT any parking immediately adjacent to any street shall have the
screening fence described in the Overton Park Right of Way
Development Guidelines.
4. THAT the developer and motel owner will work with the City on a
developer agreement regarding the upgrade of improvement within the
adjacent public right of way.
5. THAT the hotel and/or city meeting facility may host open air events
within the patio area adjacent to A venue X for periods to not last more
than two (2) days. Such functions will be in conjunction with events
occurring at the meeting facility or hotel.
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 Pennit 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 R~2, A-2 and IHC 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 29-24 (c) (24) of Codified Zoning Ordinance No. 7084 on the
property described as Tracts 7 and 9, Overton Park Addition, 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.
Zone Case No. 1588-B
page-2 of 3
AND IT IS SO ORDERED.
Passed by the City Council on first reading this 24th day of __ Au~gu~st __ , 2006.
Passed by the City Council on second reading this 13th day of September , 2006 .
. 7:)~.L/-
DA VID A. MILLER, MAYOR
ATTEST:
~-~ Re <:iarzll: CitySecre
APPROVED AS TO CONTENT:
APPROVED AS TO FORM:
Linda L. Chamales
Senior Attorney Office Practice
as/cityatt/Linda/ZoneCases/ZC 1588-B
August 3, 2006
Zone Case No. 1588-B
page -3 of 3