HomeMy WebLinkAboutOrdinance - 4870-A-1966 - Ratifying Ordinance No. 4870. - 11/23/1966J DWR·bw . .
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. ~ \"" AN ORDINANCE RATIFYING AND yALIDATING ORDINANCE NO. 4870
fl· PASSED ON THE 23RD DAY OF NOVEMBER, 1965; AND READ FOR A SECOND
TIME ON THE 24TH DAY OF MARCHJI 1966, BY THE CITY COUNCIL OF THE
CITY OF LUBBOCK; TO MORE CLEARLY CONVEY AND EXPRESS THE LEGIS-
LATIVE INTENT OF SAID CITY COUNCIL WHEN ORDINANCE 4870 WAS PASSED
TO-WIT: AlVIENDING ZONING ORDINANCE NO .. 1695 AND THE OFFICIAL MAP
OF THE CITY OF LUBBOCK SO AS TO MAKE THE FOLLOWING ZONE CHANGE:
ZONE CASE NO.· 1369: CHANGE LOTS 1 THROUGH 7 ~ LOTS 21 THROUGH 24,
EAST 251 OF LOT 20, AND THE EAST 37. 5' OF LOT 8, ALL IN BLOCK 5,
ELLWOOD PLACE ADDITION~ CITY OF LUBBOCK1 LUBBOCK COUNTY,. TEX
FROM 11C-211 AND "R-111 ZONING DISTRICTS TO A "SPECIFIC USE PERMIT"
ZONING DISTRICT; AUTHORIZING THE ISSUANCE OF A SPECIFIC USE PERMIT
IN ZONE CASE NO., 1369; IMPOSING CONDITIONS PRECEDENT TO ISSUANCE 0
BUILDING PERMIT; AND PROVIDING FOR PUBLICATION.·
WHEREAS. after receiving the recommendations of the Planning and Zoning
Commission and after due notice and public hearing as required by Sec. 20 of
Ordinance 1695 and all matters having been done and performed a15 required by
Section 14 .. A of Zoning Ordinance 1695 of the City of Lubbock relating to "Specific
Use Permits" Zone Changes and finding that it would be in the interest of the
public health, safety, morals and general welfare to authorize the granting of a
"Specific Use Permit'' Zone Change the City Council did enact Ordinance 4870
authorizing a "Specific Use Permit" Zone Change in Zone Case No. 1369; and,
WHEREAS~ the City Council of the City of Lubbock desires to clarify and
correct Ordinance 4870 to more accurately reflect the legislative intent and
action of the City Council as recorded in the official minutes of said City Council;
NOW THEREFORE:
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT Ordinance 4870 BE and is hereby corrected to reflect
the legislative intent of the City Council by ordering that the same read as follows
"SECTION 1. THAT Ordinance No. 1695 and the Official Zoning
Map be and the same are hereby amended as follows, to-wit:
ZONE CASE NO. 1369
Change Lots 1 through 7, Lots 21 through 24, East 25' of
Lot 20, and the East 37. 5t of Lot 8, all in Block 5, Ellwood
Place Addition, City of Lubbock, Lubbock County, Texas,
from "C-211 and "R-1" Zoning Districts to a 11Specific Use
Permit" Zoning District.
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11SECTION 2. THAT from and after passage and effective date of
this Ordinance said lots, tracts and parcels of land described in Section
1 hereof shall be changed to the zoning district indicated and the Offi-
cial Map is amended in accordance h~rewith.
11SECTION 3. The Director of Planning of the City of Lubbock is
authorized to issue a Specific Use Permit to the applicant in Zone Case
1369 pursuant to Section 14-A.l-9 of Zoning Ordinance 1695 provided
said applicant agrees to be bound by the terms of the Specific Use Permit,
Section 14-A. 2 through 14-A. 9. The Specific Use .authorized by this
Ordinance is for a private apartment project as provided for in Section
14-A. 1 .... 9 of Zoning Ordinance 1695 and said property subject to this
Ordinance is located on Lots 1 through 7, Lots 21 through 24, East
25t of Lot 20, and the East 37.51 of Lot 8, all in Block 5, Ellwood
Place Addition, City of Lubbock, Lubbock County, Texas, to change
all of said lots or parts of lots from "C-211 and "R-111 Zoning Dis-
tricts to a 11Specific Use Permit" Zoning District.
"SECTION 4. Provided further that applicant shall comply with
the following conditions which are hereby imposed as al::lthorized by
Section 14-A. 3 of Ordinance 1695, to-wit:
1. A strip of land on the west side of C ollege Avenue ex-
tending from 19th Street to 20th Street and a veraging
40f to 431 in width, as shown on the site plan shall be
dedicated to the public for College Avenue ROW. Said
dedication to be made prior to issuance of a building
permit.
2. Water service shall be from the nearest 1211 water
line. The sewer service lines shall be extended to
the 1511 line in 25th Street.
3. All expenses for extension of the water and sewer lines
shall be at the expense of the developer.
Provided further that these conditions as imposed herein by
this Section 4; not be construed as conditions precedent to the granting
of a Specific Use Permit, or the change in Zoning of the property
described in Section 4 hereof, but shall be construed as a condition
or conditions precedent to the granting of a building permit and the
certificate of occupancy.
"SECTION 5. The conditions imposed by Section 4 hereof are
hereby declared to be for the purpose of protecting the health, safety,
morals and general welfare of the public generally, users of streets
in the area, and surrounding property owners, and shall not be con-
strued as reducing the area of such zone change below the 2 1/2 acres
as required by Section 14-A.l-9.
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"'-' · "SECTION 6. If any section~ subsection1 sentence, clause,~ phrase
of portion of this Ordinance is for any reason held invalid or unconstitu-
tional by any court of competent jurisdiction, such portion shall be
deemed a separate, distinct~ and independent provision and such ·holding
shall not affect the remaining portions hereof. 11
SECTION 2. The City Secreatry shall cause the publication of this Ordinanc
once a week for two consecutive weeks in a newspaper regularly published in the
City of Lubbock.
A N.D IT IS S 0 0 R DE R E D •
Passed by the City Council on first reading this~ day of __ .....:.:Ma=.=.r.::.ch::-____ , 1 6.
Passed by the City Council on second reading this ~M!ay of -~A:.~:p;.::.r.:::i..:.l ___ --', 19