HomeMy WebLinkAboutOrdinance - 2007-O0098 - Amending Zone Case No. 2709-C; Specific Use To Allow Off-Site Parking - 09/27/2007First Reading
September 27> 2007
Item No. 6.1
ORDINANCE NO. 2007-00098
Second Reading
October 11. 2007
Item No. 5.5
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND
THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 2709-C; A ZONING CHANGE FROM IHC TO me
SPECIFIC USE TO ALLOW OFFSITE PARKING AND TO ELIMINATE THE
SEPARATION REQUIREMENT ON LOTS 11-13, LESS TRIANGLE IN
SOUTHEAST PORTION, BWCK 217, ORIGINAL TOWN 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 29-29 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. 2709-C
SECTION 1. THAT Ordinance No. 7084 and the Official Zoning Map are
amended as follows:
A change of zoning from IHC to IHC Specific Use to allow offsite parking
and to eliminate the separation requirement under provisions of Section 29-
24 of the Code of Ordinances of the City of Lubbock on Lots 11-13, less
triangle in southeast portion, Block 217, Original Town Addition, City of
Lubbock, Lubbock County, Texas, located at 1718 Avenue E, subject to
conditions:
SUBJECT TO THE FOLLOWING CONDITIONS:
1. That parking shall be obtained within 1,100 feet at a rate of one
space for each 100 square feet in the structure should the structure be used
for a bar or a dance hall;
2. That the Building and Fire Departments shall determine that the
building meets the Building and Fire Codes for the proposed occupancy;
3. That any event using the facility that includes a BYOB (alcohol) shall
have private security provided by the owner of the structure or the lessee;
4. That should the owner ever seek to obtain a liquor permit the
separation standards of me for bars shall not apply;
5. That any new development on the lot shall meet me development
standards.
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 IHC 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 (c) (24) of Codified Zoning Ordinance No. 7084 on the property
described as 1718 Avenue E, 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.
Zone Case No. 2709-C
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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 27th day of September , 2007.
Passed by the City Council on second reading this 11th day of October , 2007.
7::)-~-#--
DA VID A~R, MAYOR
ATTEST:
APPROVED AS TO CONTENT:
~5tn--
irector of Planning
APPROVED AS TO FORM:
Linda L. Chamales
Senior Attorney Office Practice
vw/cityatt/Linda/ZoneCases/ZC2709-C
August 27, 2007
Zone Case No. 2709-C
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