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HomeMy WebLinkAboutOrdinance - 8483-1983 - Amend. Zoning Ord. #7084 And Lubbock Map Changes: Zone Case #2415. - 08/25/1983ll ~ . ll SMH:da ORDINANCE NO. 8483 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK SO AS TO MAKE THE FOLLOWING CHANGES: ZONE CASE NO. 2415; A SPECIFIC USE ZONE CHANGE FROM R-1 TO C-2 AND A-2 SPECIFIC USE PERMIT UNDER PROVISIONS OF SECTION 22.3-23 OF THE ZONING ORDINANCE FOR A RETIREMENT HOME FACILITY ON A TRACT OF LAND OUT OF SECTION 29, BLOCK AK TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS; SUBJECT TO CONDITIONS; PROVIDING FOR A PENALTY AS PROVIDED FOR IN SECTION 1-4 OF THE CITY CODE; 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, morals, and general welfare to make those proposed 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, as well as giving notices in compliance with Section 26 of Ordinance No. 7084, as well as notices provided by Article lOllf, Vernon's Annotated Civil Statutes, amended in 1961, and notice was duly published in the Lubbock Morning Avalanche- Joumal 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 Room on the second floor of the City Hall, 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 here- inafter 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. 2415 SECTION 1. THAT Ordinance No. 7084 and the Official Zoning Map BE and the same are hereby amended as follows, to-wit: A Specific Use Zone Change from R-1 to C-2 and A-2 Specific Use Permit under provisions of Section 22.3-23 of the Zoning Ordinance for a retire- ment home facility on a tract of land out of Section 29, Block AK to the City of Lubbock, Lubbock County, Texas located at 66th Street and Frank- ford Avenue, subject!tO conditions and being further described as follows: A-2 Specific Use METES AND BOUNDS DESCRIPTION for a 3.5 ± acre tract of land located in Section 29, Block A-K, Lubbock County, Texas, being shown as Tract "B" on the preliminary plat of Maeker Addition, dated July 14, 1983, being further described as follows: BEGINNING at a point which bears S. 00°01'43" W., 208.71 feet and N. 89°59' W., 55.0 feet from the Northeast corner of Section 29, Block A-K, Lubbock County, Texas; THENCE N. 89°59' w. an approximate distance of 153.71 feet; THENCE N. 00°01' 43" E. an approximate distance of 166.0 feet; THENCE N. 86°55'34" w. an approximate distance of 105.0 feet; THENCE N. 89°59' w. an approximate distance of 161.89 feet; THENCE s. 00°01'43" w. an approximate distance of 434.68 feet; THENCE S. 89°59' E. an approximate distance of 411.68 feet; THENCE N. 00°01'43" E. an approximate distance of 287.68 feet to the Point of Beginning. C-2 METES AND BOUNDS DESCRIPTION for a 0.583 acre tract located in Section 29, Block A-K, Lubbock County, Texas, being shown as Tract "A" on the preliminary plat of Maeker Addition, dated ~uly 14, 1983, being further described as follows: BEGINNING at a point which bears s. 00°01'43" W., 208.71 feet and N. 89°59' W., 55.0 feet from the Northeast corner of Section 29, Block A-K, Lubbock County, Texas; THENCE N. 89°59' W. an approximate distance of 153.71 feet; THENCE N. 00°01'43" E. an approx::tmate distance of 166.0 feet; THENCE S. 89°59' E. an approximate distance of 153.71 feet; THENCE S. 00°01'43" 1W. an approximate distance of 166.0 feet to the Point of Beginning. SUBJECT TO THE FOLLOWING CONDITIONS: a. That the A-2 specific use permit be limited to a retirement home. b. In the event parking becomes inadequate then additional parking shall be provided on-site to accomodate 105 spaces. SECTION 2. THAT the Director of Planning of the City of Lubbock is authorized to issue a Specific Use Permit to the Applicant in said Zone Case 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, 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, an Ordinance of the ~ .. . ~ . City of Lubbock, including particularly, but not limited to Section 22 of Zoning Ordinance No. 7084, 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 auto- . matically revert back to·the R-1 zoning district; 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 permitted under provision of Section 22.3-23 of Zoning Ordinance No. 7084 on the pro- perty respectively described.as a tract of land out of Section 29, Block AK to the City of Lubbock, Lubbock County, Texas. SECTION 3. THAT violation of any provisions of this Ox-dinance shall be deemed a misdemeanor punishable by a fine not to exceed two hundred dollars as provided in Section 1~4 of the City Code. 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. APPROVED AS TO CONTENT: hcutt, Administrator Environmental Control APPROVED AS TO FORM: A Susan M. Horton, Assistant City Attorney August 1983. 1983. THE STATE OF TEXAS COUNTY OF LUBBOCK Before me Bonnie McKee a Notarv Public in and f<, . .1..uuoock Countv, Texas on this dav personally appeared Twi I a Aufi I I, Acco u·nt Manal!e r of the S~uthwestern Newsp~- 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 Lel!a I Notice-1069 words(a66t Per word-$705.54 No. 776321 at Lubbock County. Texas and the attached print- ed copy of the· Notice is a true copv of the original and was printed in the Lubbock Avalanche-Journal on the following dates: Sep tembe·r 10 & 17, 1983 L-4710 / Account Manal!er LUBBOCK AVALANCHE-JOURNAL Southwestern Newspapers Corporation FORl\158-10 SMH:Cfa ·. •:1'Jt01ff~llltlrl•ti1 f4). • , AN' ORCINANCE AMENt>lNG I · ZONING' ORQINAt,lj;E NO·;· ~4 , , ANO THE OFFIC'!;il. MAP OJ' j • THE CITY OF lU8110CK so'AS · i . TO. 1,1\AKE •. l'HE FOLLOWUl'G 1 CHANGES: , ZONE . CASE ' l!IO · i 2,tU; A SPEC:lFfC• use 'lo':.le i C:HAN~H! FROM R•l TO c:;f.'i,it> I A-2 SPECIFtC use PEIIMl'J 4N·· i DER PROVl$1i:»IS OF SECTION - ' ~.).23 01" THE ZONING ORDI• NANCE ll'OR ,A IUmRGMENT HOME FACILITY ON I>..' TIW,CT OF LANO OIJT•OF SECTION-19, BLOCK AK TO THE · CI-..CF LUBBOCK,. LUHOCK CO!JINIP\I,, TEXAS; SUBJECT .. TO • , fl0N$; PROVIOIN'!f•FO AL, TV AS PllQVIOEO ,. SECTION l-f OF .TH COO! i PROVfDING 4 l;LAUU ANO PltOVIDIN , PU81;.«:ATIOR._' ... , · ---