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Home My WebLink AboutOrdinance - 9188-1988 - Zoning Ordinance 7084 Zone Case 2106-B Retirement Center - 03/24/1988BLL:js First Reading March 24, 1988 Item 12 Second REading April 14, 1988 Item 10 ORDINANCE NO. 9188 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2106-B; A ZONING CHANGE FROM A-1 TO AM SPECIFIC USE PERMIT FOR RETIREMENT CENTER AND CONVALESCENT HOME ON A TRACT OUT OF THE SOUTHWEST 1/4 OF SECTION 5, BLOCK E-2, 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 finds 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 amend- ment to the Zoning Ordinance and Map have been fully complied with, as well as giving notices in compliance with Section 29-29 of the Code of Ordi- nances, City of Lubbock, Texas, as well as notices provided by Section 211.007(c), Texas Local Government Code, 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 duly 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 determined by the City Council 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. 2106-B SECTION 1. THAT Ordinance No. 7084 and the Official Zoning Map BE and the same are hereby amended as follows, to-wit: A change of zoning from A-1 to AM Specific Use Permit, under provi- sions of Section 29-24(c)(24} of the Code of Ordinances of the City of Lubbock for a retirement center and convalescent home, on a tract out of the Southwest 1/4 of Section 5, Block E-2, City of Lubbock, Lubbock County, Texas, located North of 34th Street between Chicago Avenue and Frankford, subject to conditions and being futher described as fol-. lows: AM SPECIFIC USE FOR A CONVALESCENT HOME METES AND BOUNDS DESCRIPTION of a 4.29 acre tract located in Section 5, Block E-2, Lubbock County, Texas, being further described as fol- lows: BEGINNING at a point which bears South an approximate distance of 2600.00 feet and West an approximate distance of 1077.60 feet from the Southwest corner of the Northeast Quarter of Section 5, Block E-2, Lubbock County, Texas; THENCE West an approximate distance of 606.00 feet; THENCE North an approximate distance of 89.00 feet; THENCE N. 45° E. an approximate distance of 581.00 feet; THENCE S. 45° E. an approximate distance of 195.00 feet; THENCE South an approximate distance of 150.00 feet to a point of cur- vature; THENCE Southeasterly around a curve to the left with a radius of 212.00 feet and an approximate distance of 110.00 feet; THENCE Southeasterly around a curve to the right with a radius of 212.00 feet and an approximate chord distance of 110.00 feet to the POINT OF BEGINNING .. AM SPECIFIC USE FOR A RETIREMENT CENTER METES AND BOUNDS DESCRIPTION of a 7.25 acre tract located in Section 5, Block E-2, Lubbock County, Texas, being further described as fol- lows: · BEGINNING at a point which bears South an approximate distance of 2600.00 feet and West an approximate distance of 569.60 feet from the Southwest corner of the Northeast Quarter of Section 5, Block E-2, Lubbock County, Texas; THENCE West an approximate distance of 508.00 feet; THENCE Northwesterly around a curve to the left with a radius of 212.00 feet and an approximate distance of 110.00 feet to a point of reverse curvature; THENCE Northwesterly around a curve to the right with a radius of 212.00 feet and an approximate chord distance of 110.00 feet; - 2 - THENCE North an approximate distance of 150.00 feet; THENCE N. 45° w. an approximate distance of 185.00 feet; THENCE S. 45° w. an approximate distance of 10.00 feet; THENCE N. 45° w. an approximate distance of 130.00 feet; THENCE N. 45° E. an approximate distance of 325.00 feet; THENCE S. 45° E. an approximate distance of 450.00 feet to a point of curvature; THENCE Southeasterly around a curve to the right with a radius of 228.00 feet and an approximate chord distance of 175.00 feet; THENCE South an approximate distance of 163.00 feet; THENCE East an approximate distance of 285.00 feet; THENCE S. 45° W. an approximate distance of 103.00 feet to a point of curvature; THENCE Southwesterly around a curve to the left with a radius of 109.00 feet and an approximate chord distance of 83.00 feet; THENCE South an approximate distance of 15.00 feet to the POINT OF BE- GINNING. AM SPECIFIC USE FOR AM PERMITTED USES METES AND BOUNDS DESCRIPTION of a 2.91 acre tract located in Section 5, Block E-2, Lubbock County, Texas, being further described as fol- lows: BEGINNING at a point which bears South an approximate distance of 2600.00 feet and West an approximate distance Qf 1683.60 feet from the Southwest corner of the Northeast Quarter of Section 5, Block E-2, Lubbock County, Texas; THENCE West an approximate distance of 190.00 feet; THENCE North an approximate distance of 15.00 feet to a point of cur- vature; THENCE Northeasterly around a curve to the right with a radius of 300.00 feet and an approximate chord distance of 230.00 feet; .. 3 - THENCE N. 45° E. an approximate distance of 555.00 feet; THENCE S. 45° E. an approximate distance of 170.00 feet; THENCE S. 45° W. an approximate distance of 581.00 feet; THENCE South an approximate distance of 89.00 feet to the POINT OF BE- GINNING. SUBJECT TO THE FOLLOWING CONDITIONS: a. That the Retirement Center tract shall provide one (1) parking space per unit with additional land area for future additional parking should it be needed. b. That a site plan, including building elevations showing mate- rials, color and texture shall be submitted and approved by the Planning and Zoning Commission prior to the issuance of a build- ing permit on Retirement Center and Convalescent Home tracts. c. That the lots on 29th Drive shall be limited to AM permitted uses. SECTION 2. THAT the Codes Administrator of the City of Lubbock is au- thorized to issue a Specific Use Permit to the Applicant in said Zone Case in accordance with the conditions imposed by the City Council, provided said applicant agrees to be bound by the terms of the Specific Use Permit, the granting of which is hereby made subject to compliance to 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 Specific Use Permit and 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 A-1 zone district; and if such reversion occurs, the Codes Administrator 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 a tract out of the Southwest 1/4 of Section 5, Block E-2, City of Lubbock, Lubbock County, Texas. SECTION 3. THAT violation of any provisions of this Ordinance shall be deemed a misdemeanor punishable by a fine not to exceed One Thousand and No/100 Dollars {$1,000.00) as provided in Section 29-31 of the Zoning Ord1- nance of the City of Lubbock. - 4 - SECTION 4. THAT should any paragraph, sentence, clause, phrase or word of this Ordinance be declared unconstitutional or invalid for any rea- son, the remainder of this Ordinance shall not be affected thereby. SECTION 5. THAT the City Secretary is hereby authorized to cause pub- lication 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 24th 1988. Passed by City Council on second reading this 14th 1988. day of _.u.Mas.uru.c..&Jb.__ __ day of __ A..;..p_r_i _1 -- B. C. McMINN, MAYOR ATTEST: APPROVED AS TO FORM: Benj~C~y Attorney - 5 - 1 r r l> 'i THE STATE OF TEXAS COUNTY OF LUBBOCK Before me FranceLH.rMn!f!i:i a Notary Public in and for Lubbock County. Texas on this day personally appeared ~ ~~!!. .A.W.f..S._I ' Accetnt Man•«e r' of the Southwestern Newspa- pers Corporation. publishers of the Lubbock Avalanche-Journal -Morning. Evening and Sunday, who being by me duly sworn did depose and say that said newspaper has been published continuously for more than fifty-two weeks prior to the first insertion of this _...;L.e..,.,g,..awiL.......:N<1o~t...,1~..::C~:.:8,.__ _________ _ --------..,--.,...,.---o-,.----No.8T61)'A at Lubbock County. Texas and the attached print- ed copy of the L«&1J; I No ttce is a true copy of the original and was printed in the Lubbock Avalanche-Journal on the following dates: APrtl 16t ZJ• 1.986 5!6 \tro rd" ~ • ee t.: t:46·~· 64 LUBBOCK AVALANCHE-JOURNAL Southwestern Newspapers Corporation Subscribed and sworn to before me thiJrLJd.._· _day of ...JME.UIII..&F ____ _ .L I