HomeMy WebLinkAboutOrdinance - 2004-O0117 - Amend Chp.T 29, "Historic Preservation And Urban Design District", Voting - 10/28/2004First Reading
October 28, 2004
Item No. 49
ORDINANCE NO. 2004-00117
Second Reading
October 29, 200
Item No. 1
AN ORDINANCE AMENDING CHAPTER 29 OF THE CODE OF
ORDINANCES, CITY OF LUBBOCK, ENTITLED "ZONING" BY AME1'1'DING
SECTION 29-25, "HISTORIC PRESERV ATON AND URBAN DESIGN DISTRICT"
TO CLARIFY VOTING REQUIREMENTS AND TO REQUIRE OWNER CONSENT
FOR REQUESTS FOR RECOMMENDATION OF HISTORIC LANDMARK
DESIGNATION; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE
AND PROVIDING FOR PUBLICATION.
WHEREAS, Section 29-25, Historic Preservation and Urban Design District
allows any citizen to request that the Urban Design Commission recommend that any
property be designated as a historic landmark or historic landmark district; and
WHEREAS, the City of Lubbock desires to amend its Ordinances to require
consent of the property owner prior to a request for historic landmark designation; and
WHEREAS, the proposed amendments to the Zoning Ordinance 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 it would be expedient and in the interest of the public health,
safety and general welfare to so amend the Zoning Ordinance; and -
WHEREAS, all conditions precedent required by law for a valid amendment to
the Zoning Ordinance have been fully compiled with, including giving notices in
compliance with 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 be amended in the manner hereinafter set forth in the body of this
Ordinances 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:
SECTION 1. THAT the first sentence of Section 29-25(g)(5) of the code of
Ordinances, City of Lubbock, Texas, is hereby amended to read as follows:
"(5) Six (6) commissioners present shall constitute a quorum, and all issues shall
1 be decided by a simple majority vote of the members voting."
SECTION 2. THAT Section 29-25(i)(l) of the Code of Ordinances, City of
Lubbock, Texas, is hereby amended to read as follows:
\ Historic Preservation Ordinance Amendment
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"(l) Any citizen or citizen's group may, with the property owner's
consent, request the urban design commission to recommend to the planning and
zoning commission ordinances designating certain buildings, structures, sites,
districts, areas and lands in the city as historic landmarks and historic landmark
districts. The urban design commission shall hold a public hearing on all
proposed ordinances."
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 28th day of October, 2004.
Passed by the City Council on second reading this =2 =-r-
ATTEST:
APPROVED AS TO FORM:
. 7/ ,,?? . ----·-< ~ -<: ~ Ch~--,.._... .. ,,,. .. -<:::,.,----·
Linda Chamales, Senior Attorney
Office Practice Section
LC: cityatt/Linda/ Historic Preservation Ord. Amendment
September 30, 2004
Historic Preservation Ordinance Amendment Page 2