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Home My WebLink AboutOrdinance - 9677-1993 - Zone Case 2718 Zoning Change T To A-2 Personal Care Facility - 12/09/1993I -~ First Reading December 9, 1993 Item 1115 Second Reading December 16, 1993 Item 115 ORDINANCE NO. 9677 ----- AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2718; A ZONING CHANGE FROM T TO A-2 AND R-2 ZONING, FOR A PERSONAL CARE FACILITY AND DUPLEX GARDEN HOMES ON 4.929 ACRES OF TRACT A, TERRA ESTATE NORTH 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 pro- posed 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 giv- ing 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. 2718 SECTION 1. THAT Ordinance No. 7084 and the Official Zoning Map are amended as follows: A change of zoning under the provisions of Section 29-29 of the Code of Ordinances of the City of Lubbock from T to A-2 and R-2 zoning district, for a personal care facility and duplex garden homes on 4.929 acres of Tract A, Terra Estate North Addition, City of Lubbock, Lubbock County, Texas, located North of 4th Street between Milwaukee and Oak Ridge, subject to conditions and being further described as follows: TRACT l A zoning change from T to A-2 for a personal care facility on this tract of land located North of 4th Street between Milwaukee and Oak Ridge Avenues, and being further described as follows: METES AND BOUNDS DESCRIPTION of a 1.157 acre portion of Tract •A", Terra Estates North Addition to the City of Lubbock, Lubbock County, Texas; BEGINNING at the original Northeast corner of Tract •A•, Terra Estates North Addition, for the Northeast corner of this tract; THENCE S. 00°03'34" E. a distance of 199.99 feet to a point of curvature; THENCE Southwesterly, around a curve to the right, said curve having a radius of 30.00 feet, a central angle of 90°00'25", tangent lengths of 30.01 feet, and a chord dis- tance of 42.43 feet to a point of tangency; THENCE S. 89°56'41" W. a distance of 190.02 feet to a point for the Southwest corner of this tract; THENCE N. 00°03'19" W. a distance of 230.00 feet to a point for the Northwest corner of this tract; THENCE N. 89°56'41 • E. a distance of 220.00 feet to the POINT OF BEGINNING. TRACT 2 A zoning change from T to R-2 for duplex garden homes on this tract of land located North of 4th Street between Milwaukee and Oak Ridge Avenues, and being further described as follows: METES AND BOUNDS DESCRIPTION of a 3. 772 acre portion of Tract •A•, Terra Estates North Addition to the City of Lubbock, Lubbock County, Texas; BEGINNING at a point which bears S. 89°56'41• W. a distance of 220.00 feet from the original Northeast corner of Tract •A•, Terra Estates North Addition, for the Northeast corner of this tract; ZONE CASE NO. 2718 •· PAGE 2 -- THENCE S. 00°03'19" E. a distance of 230.00 feet to a point for the Southeast corner of this tract; THENCE S. 89°56'41• W. a distance of 699.55 feet to a point of curvature; THENCE Northwesterly around a curve to the right, said curve having a radius of 15.00 feet, a central angle of 90°, tan- gent lengths of 15.00 feet, and a chord distance of 21.21 feet; THENCE N. 00°03'19• W. a distance of 215.00 feet to a point for the Northwest corner of this tract; THENCE N. 89°56'41" E. a distance of 714.55 feet to the POINT OF BEGINNING. SUBJECT TO THE FOLLOWING CONDITIONS: a. That the zoning of Tract l be changed from T to A-2 and that it be limited to a personal care facility. b. That the zoning of Tract 2 be changed from T to R-2 and that each pair of lots shall use a single, shared driveway to 4th Street, or a minimum of one (1) drive cut per four (4) residential units. SECTION 2. THAT violation of any provisions of this Ordinance shall be deemed a misdemeanor pun i shab 1 e by a fine not to exceed Two Thousand and No/100 Dollars ($2,000.00) as provided in Section 29-31(a) of the Zoning Ordi- nance of the City of Lubbock. SECTION 3. 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. 2718 --PAGE 3 -- SECTION 4. 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 City Council on first reading this 9th 1993. Passed by City Council 1993. ATTEST: anner i--✓c-~c-~-&--- Lin a L. Chamales, Assistant City Attorney LLC:js/ZC-2718.0llD D2-Agend1/November 8, 1993 ZONE CASE NO. 2718 •• PAGE 4 •• day of tecember , LUBBOCK AVALANCHE-JOURNAL Southwestern Newspaper Corporation NOTARY PUBLIC In lffldforthe State of Texas My Commission Expires .................. ___ _ Subscribed and sworn to before me thi-S __ Q_\ __ ..... day of~_n ____ e ...... ~""-"'e __ rn _____ h~e_r __ .... 19 q 3 FORl\f 58-10 CECOHOitEADING .: ', ..... ,~.-<Ill.DIN. A_Nc:.EI •.~ .... ·< ,:,1~~.~~.i: · ; AN ORDINANCE AMEN • ING ZONING ORDINANCE NO. 701U AND THE.OFFICIAL MAP OF :rHE CITY OF LU880CIC MAICING THE' FOLLOWING CHANGES: ZONE CASE N0 •. 27111 A ZONING. CHANGE FROM T TO A•I AND R•2 ZONING,'FOR A PERSONAL CARI! FACU.ITY AND DUPLl!X GARDEN HOMES ON 1tffl ACRES OF,TRA.CT A, ,TERRA .ESTATE NORTH ADDI• -TION, LUHOCK. ,TEXAS; sua. JECTTO CONDl'1;10NS1 PllOVlO-ING A PENALTY1 PROVIDING A .SAVINGS.CI.AUSE AND~ROVIO- ING}'QR .~B.~!~TI.ON.i!i,,i I .~ 1;?.0R'01~1~.~i•;~~~i"-; i ":.!JN-i'oit0tN~Nc:e~ui:Hoit1~-:iNG THE ISS.UANCE OF,. "CITY '"OF.LUHOCIC.,'.l'EXAS. GENER· L OBLIGATION. REFUNDING • BONDS, .. SERIES .199:!"1• SPECI• , l'iYING ,TH£ XE~,.,.. o;FeA-· ,,'l,'URES .01"-~lD_~Qt:,!.QS/.l.l.'lYf ING A;CON NIJING D,me:.c:r.t,]l· NUAL Ab. ALORl!;M TAX ruR TH I! PA'YME NT OF-SAi D · IONOS; AND RESOLVING OTH•. · ER MATTIRS INCIDENT AND RELATED TO TH.E ISSUANCE, · SALE~ PAYMENT AND DELIV• _ERV .OF SAID ION0S, 'INCLUO-ING THE APPROVAL AND EXE• 'CUTIONOFAPAYING ·.t,GENTIREGISTRAR,AGREE• · . MENT,A PURCHASI! CON• TRACT, ANO SPECIAL ESCROW AGREE!MENT,"CALLING CER-TAIN BONDS l"OR·Rl!DEMP• TION ANO AUTHORIZING A NO, TICE OF REDEMPTION, AND THE APPROVAL ANO DISTRI• IUTION OFAN OFFICIAL STATl!MENT PERTAINING THERET01 AHO PROVIDING AN EFFECTIVE DATE,.,,.,.,,,,.,. l I ;:1~\t::~:~~;,::;;,:~:..'·.:t~· -