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HomeMy WebLinkAboutOrdinance - 6787-1974 - Zoning Change-Case 1933, Tract Out Of Sec. 14, Blk E-2 - 01/11/1974(. .., I ,.. ORDINANCE NO. -6'1¥JI"5+· --=.:.=.:.;;__ __ _ AN ORDINANCE AMENDING ZONING ORDINANCE NO. 1695 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK SO AS TO MAKE THE FOLLOWIN CHANGE: ZONE CASE NO. 1933: CHANGE A TRACT OF LAND OUT OF SECTION 146 BLOCK E-21 CITY OF LUBBOCK. LUBBOCK COUNTY6 TEXAS FROM AN 11R-1" TO A 11C-3" SPECIFIC USE PERMIT., LIMITED TO SECTION 14-A. 1-6 AND RECREATION USES AS PERMITTED IN THE "C-3 1' ZONING DISTRICT; PROPERTY IS FURTHER DESCRIBED BY METES AND BOUNDS IN THE BODY OF THIS ORDINANCE; SUBJECT TO CONDITIONS; PROVIDING FOR A PENALTY; PROVIDING FOR A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. WHEREAS6 after receiving the recommendations of the Planning and Zo- ning Commission and after due notice and public hearing and all matters having been done and performed as required by Section 14-A of Zoning Ordinance No. 1695 of the City of Lubbock6 (said Ordinance being an Appendix to the Lubbock City Code) relating to Specific Use Permits, the City Council finds that due to changed conditions, it would be expedient and in the interest of the public health, morals and general welfare to authoriee the granting of a Specific Use Permit as hereinafter set forth, NOW THEREFORE: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the Director of Planning of the City of Lubbock is authorized to issue a Specific Use Permit to the Applicant in Zone Case No. 1933 in accordance with the recommendations and conditions imposed by the Planning and Zoning Commission, on file with the office of the Director of Planning., and the City Council which are hereby adopted and incorporated herein by reference for all purposes., provide.d 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. 1695 an Ordinance of the City of Lub- bockr, including particularly but not limited to., Section 14-A of Zoning Ordinance No. 1695 within twenty-four (24) months of the effective date of this Ordinance., the City Secretary-Treasurer shall be and is hereby authorized and instructed upon written notice from the Director of Planning that Applicant has not complied with the provisions_, conditions and terms imposed by this Ordinance., to note Applicant's failure to comply on the margin of the MinuteS. of the City Council opposite entry of this Ordinance~ and the authorization to issue such Specific Use Permit is hereby revoked; and the Director of Planning in such event is directed to remove from the Zoning Map the legend indicating such limited use. The Specific Use authorized by this Ordinance is for Recreation uses under provision of Section 14-A. 1-6, of the Zoning Ordinance on the property below described. ZONE CASE NO. 1933 Change a tract of land out of Section 14, Block E-2, City of Lubbock, Lubbock County, Texas, from an 11R-1 11 to a 'G-3" Specific Use Permitllimited to Section 14-A. 1-6 and Recrea- tion Uses as provided for in the "C-3" Zoning District on the following described tract of land. ~~=-==~=-====---====================--====--=-========-=====----=============~~ - BEG lNNING at a point which bears S 00 • 0 1' 1011 W a distance of 2015. 00 feet, from the Northwest Corner of the Northeast Quarter<!> of Section 14, Bloc;k E-2; THENCE S 89° 58' 50" E a distance of 45. 00 feet; THENcE around a curve to the right said curve having a radius of 185. 50 feet, a delta angle of 64 o 40' 0411 , tangents of 117.42 feet, and a chord distance of 198.43 feet; THENCE S 25° 18' 46" E a distance of 349.35 feet; THENCE around a curve to the right said curve having a radius of 26 5. 45 feet, a delta angle of 25 o 18' 46 ", tangents of 59. 61 feet, and a chord distance of 116. 32 feet; THENCE S 00° 01' 10" W a distance of 265.13 feet; THENCE around a curve to the right said curve having a radius of 816.31 feet, a delta angle of 3'0 08' 34", tangents of 227. 48 feet., and a chord distance of 438. 26 feet; THENCE around a curve to the right said curve having a radius of 315.46 feet, a delta angle of 58° 51' 26 "., tangents of 177. 96 feet6 and a chord distance of 310. 00 feet; THENCE N 001 01' 10" E a distance of :1375 • 00 feet to the PLACE OF BEGINNING. SUBJECT TO THE FOLLOWlNG CONDITIONS: 1. Development shall be in accordance with the site plan and the cut and fill plan approved by the City Council on January 10, 1974. 2. That the bar be restricted to the location as shown on the approved site plan 3. The sale of alcoholic Beverages shall be restricted to those per- mitted by a private club alcoholic beverage permit. SECTION 2. THAT from and after passage and effective date of this Ordi- f<Jjnce., said lots, tracts and parcels of land described in Section 1 hereof shall be ., .. 'lnged to the zoning district indicated and the Official Map is amended in ac- .l."dance herewith. SECTION 3. THAT any person,. firm or corporation owning or operating ~t ,e subject property failing to comply with the conditions imposed by Section 1 · .. ~eof shall be guilty of a misdemeanor and upon conviction thereof, shall be .. r "'C.t to a fine not to exceed TWO HUNDRED DOLLARS and each and every d~'s \'1"'1,-.. • .<on thereof shall constitute a separate and distinct offense. -2- The failure of any corporation owning or operating the subject property t comply with any of the conditions imposed by Section 1 hereof shall render the President, Vice-President, General Manager, Local Manager and Local Agent liable to the penalty prescribed in this Section. SECTION 4. THAT should any section, 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 pub lication of the descriptive caption of this Ordinance as an alternative method provided by law. AND IT IS SO ORDERED Passed by the Council on first reading this. 10 day of . ..Ta.J!'!!.W Passed by the Council on second reading this 23rd day of January ATTEST: APPROVED AS TO FORM: APPROVED: J 1971.- J 1974~ ) 2450 THE STATE OF TEXAS X KNOW ALL MEN BY THESE PRESENTS: COUNTY OF LUBBOCK X WHEREAS, there is presently pending before the City Council of the City of Lubbock, Lubbock County, Texas, an Application for Zoning Variance, the same being numbered 1933 on the docket of said Council, such Application covering Tract ''E'' of the Raintree Addition to the City of Lubbock, Lubbock County, Texas, and; WHEREAS, should such zone variance be granted by the City Council, LUBBOCK RACQUET CLUB, INC., a Texas Corporation, will purchase said property and construct thereon a private club-tennis facility, as per plans and specifications heretofore submitted to the City of Lubbock, and; WHEREAS, part of said property lies within a "lake area". as defined by City Ordinance No. 6692, and; WHEREAS, the entirety of said property will be landscaped, but a northerly portion of said property will not be used by the prospective owners in the actual furtherance of their business, and; WHEREAS, the Lubbock Independent School District has announced plans to establish an elementary school facility on Tract "B 11, bordered by Knoxville Drive and Memphis Drive, directly across the street from the northern portion of the said Tract "E''; NOW THEREFORE, be it known that the said LUBBOCK RACQUET CLUB, INC., acting herein by and through its President as authorized by its Board of Directors does covenant with the City of Lubbock that if said sale is consu~ted and the said LUBBOCK RACQUET CLUB, INC. does place the said tennis facility upon said property, they will dedicate at anytime within two (2) years of the date of completion of said facilities to the City of Lubbock, free and clear of any liens, for public park purposes (with the customary reversion interest upon abandonment), that portion of Tract "E11 delineated on the attached plat and description to the City of Lubbock as a park area. C{J?J;I. .0 ~ ........... ~ ..... ·~~w ,_...___, •. lf7tl' YOli:J(;j. fAC£187 MADE AND EXECUTED in Lubbock, Texas, on this the /~day of December, 1973. THE STATE OF TEXAS X COUNTY OF LUBBOCK X BILL GRIBBLE, President of LUBBOCK RACQUET CLUB, INC. BEFORE ME, the undersigned authority, on this day personally appeared BILL GRIBBLE of the LUBBOCK RACQUET CLUB, INC., a corporation, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed, in the capacity therein stated and as the act and deed of said corporation. GIVEN UNDER MY HAND AND SEAL OF OFFICE on this the 13..J:.iv day of December, 1973. (Seal) Notary Public in and for Lubbock County, Texas -2 - j T/2AC.I Prepared. oy: /!?A<::. T "E ,. ... HUGO REED & ASSOCIATES LAND SURVEYORS 2)20 19th St reet Lubbock. Texas December lJ, 1973 METES AND .BOUNDS DESCRIPTION for sone o.bani;e requeet only of a portion of Tract E. Raintree Ad41t1on. to the City of Lubbock. Lubbock Couaty, Texae, further deearlied ae !o11owa: DEGI~~ING at a point which beare S00°01 1lO•W 2015.00 feet from the Northwest Corner of the Northeast 1/4 of Section 14 • .Block J-2; "'Hl!:NC l-S89°.58•50••E a dhtaace of 45 t eet; TB.naE southeaeter1y along a curve to the right, add clU've bav1Dg a r adius e! 185.50 feet, a dPlta angle of 64°40•04••, tangent• of 117.4Z f~et, and a chord dietanee of 198 .43 f eet; THENc-E S2.5°18 •4611E a:"'4htance o! approxiJD&telT 48 feet; THENCX N8~058•so•v a distance of apprQxlaatelr 120 feet; ~CE SO o 1•1o ~w a dietance of approximat ely 200 feet; THENCE N8 9~.58 1 S·J .,W a d.htance oi approx1matel7 120 teet; THIYCI NO ~ 01 110"E a d ist~ee of approximatelt J47 f eet to the Place of .Beginnlni;o .. NOTX: THIS PLAT & TSIS DESCRJP'I'IOI" FOR ZONE CHANG!: REQUEST ONLY ffB 5 9 47 ~~ '7~ ~fATE OF TEXAs ~ COUNTY OF LUBBOCK ~ 1 ho,.by cerllfy thot l~is lftii1V1118111 WM BLIP Cl!llfll dotw on<l ot 1\te lime """'pod bo-n by .,. a.n4 W8! !!!Ill lECORI>ED in ohe Volu.,. ond Pave of Ito. RiCO~ d LubbO<k Ceuety, ,....,. u '''~ hO<ton l>y ~ FEB 5 1974 ~-r ~J . YOL1:J70 i'A£E 189