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Home My WebLink AboutOrdinance - 8767-1985 - Amend. Sec. 29-28(F)(2) By Adding A New Sub-Paragraph "M" To Provide Exception - 04/25/1985I' II II f I I F;irst Reading April 25, 1985 Agenda Item 115 Second Reading May 9, 1985 Agenda Item 114 LJM:js ORDINANCE NO. 8767 AN ORDINANCE AMENDING SECTION 29-28(f)(2) BY ADDING A NEW SUB- PARAGRAPH "m" TO PROVIDE fOR AN ADDITIONAL SPECIAL EXCEPTION TO THE ZONING ORDINANCE Of THE CITY Of LUBBOCK, BEING ORDINANCE NO. 7084, PROVIDING fOR THE USE Of A SINGLE-fAMILY DWELLING UNIT LOCATED IN AN R-1 OR R-2 ZONE AS GROUP HOUSING fOR MENTALLY RETARDED PERSONS; PROVIDING fOR A PENALTY AS PROVIDED fOR IN SECTION 1-4 Of THE CITY CODE; PROVIDING A SAVING CLAUSE AND PROVIDING fOR PUBLICATION. WHEREAS, group housing for mentally retarded persons offers such persons a normalized living environment; and WHEREAS, group housing for mentally retarded persons assists in the maximum rehabilitation of those persons; and WHEREAS, the experience of residing in a residential neighborhood is also important to such persons involvement in society; and 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 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 Article 1011f, Vernon's Annotated Civil Statutes, 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 Room 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 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: SECTION 1. THAT Section 29-28(f)(2) of the Code of Ordinances, City of Lubbock, Texas, is hereby amended by adding a new sub-section "m." to said Code, which new sub-section reads as follows: "m. Group Housing for Mentally Retarded Persons: Permit the use of any single-family dwelling unit located in an R-1 or R-2 zoning district to be used sa a shared group home for mentally retarded persons, subject to the following conditions: 1. For purposes of this exception, a mentally retarded person shall mean a person determined by a comprehensive diagnosis and evaluation to be of subaverage general intellectual functioning with deficits in adaptive behavior. 2. For the purposes of this exception, a shared group home shall mean a residential living arrangement operated by the Texas Department of Mental Health and Mental Retardation, a Community Center organized under Section 3.01 of the Texas Mental Health and Mental Retardation Act (Art. 5547-203, V.A.C.S), a nonprofit corporation, under contract to any of the other agencies mentioned in the Section, or an entity certified by the Texas Department of Human Resources as a provider under the intermediate care facilities for the mentally retarded program. 3. The Zoning Board of Adjustment may authorize no more than six (6) mentally retarded persons to reside together in a single-family dwelling unit. 4. Any single-family dwelling unit which is proposed to be utilized for shared group housing for the mentally retarded shall provide the following square footage in each bedroom: (i) To house one (1) mentally retarded person per bedroom, the dwelling unit must provide one hundred (100) square feet of space per bedroom utilized for this purpose. (ii) To house two (2) mentally retarded persons per bedroom, the dwelling unit must provide one hundred twenty (120) square feet of space per bedroom utilized for this purpose. (iii) To house three (3) mentally retarded persons per bedroom, the dwelling unit must provide one hundred eighty (180) square feet of space per bedroom utilized for this purpose. 5. Any single-family dwelling unit which is proposed to be utilized for shared group housing for mentally retarded persons shall provide for a separate bedroom for the live-in care provider or providers. - 2 - 6. Before the Zoning Board of Adjustment may grant a special exception as set forth in this section, the Board must be provided with evidence by the applicant for such exception that a live-in care provider or providers, in the case of a husband and wife, will be in charge of and responsible for the operation of the dwelling unit for shared group housing and that the dwelling unit contains the necessary square footage requirements as herein set forth." 7. Any special exception granted under this section shall become void and of no further effect in the event the use of the premises is discontinued for a period of one year. SECTION 2. THAT violation of any provisions of this Ordinance 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 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. 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 25th day of Apri 1 1985. _.;...._ ___ _ Passed by City Council on second reading this 9th day of __ M_a.;..y ____ , 1985. -3 - THE STATE OF TEXAS COUNTY OF LUBBOCK M-2018 Before me DorothY Russ e I I a Notary Public in and for Lubbock County. Texas on this day personally appeared Twila Auf111• Account Manae:er of the Southwestern Newspa- pers Corporation. publishers of the Lubbock Avalanche-Jour!lal 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 Le sn I Not 1 ce -------------No. 568888 at Lubbock County. Texas and the attached print- ed copy of the I.e E!a I Not 1 ce is a tru~ copy of the orig_inal and was printed in the Lubbock A valanche-Journa I on the following dates: ~M~a;..;;Y~1::.1:::...;...t --=1;..;;8:....:•~1::.9.;;...;;..8.::.5 ____________ _ 617 ~ords @ 10t Per word = $431.90 LUBBOCK AVALANCHE-JOURNAL Southwestern Newspapers Corporation Subscribed and sworn to before me this 20 day of _..,.tf..,.8.J-Y---19 85 AP~~ :r I. • . OttDIN.ANQi NO. 8763 • .• ., 01'!.! .AN ORDINANCE •AM!NQING ..,.. ...., ZONING ORDINANCE NO. 7aa.1 •S!f'-,.,....N_P.K AND THE OFFIOAL MAP ·op ..,. .,... """" TJII!l Cfi'Y OF' LUBBOCK SO A$ --~---__,. SO AS :to AUTHORI;t:S FOUR :-----~-----'1 ·TO MAKE THE FOLLOWING • NEW . TRAFI'.I(: . SIGH/1.1..1 • AT • CHANGeS· %ON"' CASE NO *'I'" : 19TH ST.REET (SH ·.l14l AND. I . . • .. • '" ... + .,.. • ••""NU,.: •T ·sPUR -7 . A; CHANGE LOTS I THROUGH 5. i '"'""' '""'" "' '" -BLOCK 1. AVALON ADDITION, t #o.ND . FRANKFO.RD .. AVENUE; · CITY OF LUBBOCK. LUBBOCK· 0 #o.T . CIND STR!)!ET · AND ,COUNTY, . TEXAS, FROM R·l . ~~:~g:~r~~~~::~tcr. ~Ei,:F'IC::USE TO R·l ZONING· VIS RD. (US &ell AND PROVIO.. PE~~g: fsR'r~~~ .. ~o:o~ lNG FOR I'UBt.ICATlOM. .· .· . · · IN SECTION I~ OF THE CITY · . ORDINANCE N0.8761. CODE; PROVIOING A SAYINGS · At~:~~:O~A";;;~~~ ~~~f~~~:ROviOING FOR FOR TllAFFte SIGNALS AT tTH . . OROIItANCI! 'No • .,... . STREET AND TEXAS AVENUE, • AN .ORDINANCE AMENDING ITH STREET AND AVENUE H.. i Z.ONING ORDIN4Ntl! NO. 10&1. BROADWAY AND AVENUE G, 1 AND THE OFFICIAL IMP· OF 15TH STREET lo.ND AVENUE G, . t THE CITY OF LUBBOCK so AS AND 16TH STREET AND AVE· TO MAKE . Ttl1; F'OLLOWING NUE G AND AU'I'HOIUZING THE CHANG!;$: ZONE CASE NO · REMOVAi. OF .. SAID TRAFFIC ·!152A!I . CHANGE A TRACT , 0,: SIGNALS · AS · OPERATIVE · LAND OUT .. OF 'SECTION . 13. TRAFFIC SIGNALS., · BLOCK E·2. CITY OP LUBBOCK. · · · · .. ORDIN#o.NCI! NO.I762 LUBBOCK. COUNTY, · TEXAS, AN . OtltDINAN!:E AMENDING fROM R·T TO R·2 AND C.2 ZON· ZONING 'ORDINANCE NO. .I'IMU •.NG OISTRICTt IUB.lECT TO ~~ l.~ ::':!~~~~ ~ C0NDITIONSJ PROVIDING FOR To n•K"' T""' FOLLOWING f' P$ENALTY AS PROVIDED FOR ,.... " ""' IN ECTJON 1~ OF THI; CITY 5,~~ •. NGCHE!~.G··mE ,NLOT.E . ~. EBL:ONOCIC. CODe: PROVIDING A lAVING$ ...,.. "" ,. CLAUSI! AND f'IIOVIOING FOR 121. OVIORTON ADDITION, CITY .. PUILICATION; , . · ·: . . . · ' OP I.U8&ocl<. \.UB80CKl:OUN-' . . 0RDINANCE.NG.I765 TV, TEXAS. FROM R..Z TO A-1 lo.N ORDINAN".. • .. EN· I ZONING DISTRICT I PROVIDING .ZONING ·ORDINA"'NtEN6.D= . FFOORR A1NPE!!,ALCTTYI~· M. ~ROOVF IDTHE2 . . AND THI! O!"FfCIAL MAP OF '"" . ·-,. . .THI! CITY OF LUBBOCK 10 AS · CITY CDDE1 PR IDING A SAV· :TO· MAKE ... THE ·FOLLOWIHG ~INGS CLAUSE AND PRPVIDING ;CHANGE$: . ZONE CASE NO .. FORe P,U~CATt!)H., •. , ; 2527; CHANGE .lt. TRACT · oF· ,, LAND OUT. 01" IECTION 25.' • BLOCK A. CITY OF LUB80CK. '' LUBBOCK · · COUNTY, . TtiXAS f, FROM "T" TO M·l ltONING 01~ "TTRICT; SUBJECT . TO . CONDI· iONS: PROVIDING FOR ,. A PENAL TV A$ PROVIDED FOR IN IECTION W .OP THE CITY . CODE: PROVIDING A SAVINGS Cf;AtiSE ANO PROVIOING FOI't c P\IQ!.I(ATJOM •.•... __ , · ' No!&ry Publie In And for Jhe State Of Texat Mv Commission Expires Nov.'9. J9SS "· 7 •• '0ROittAIICEII0;8716 · . AN ORO!~ AMENDINI) %DNING OlltiUii(INt.e. NO. 111114 AND TM& DFI'IIaAi. N.J4J< 011 THE CITY OF'. W880CKIO ,u J-...------TO MAttE . THE FOLL:OWtNO' .CHANOE$: ZONE CASE NO, 24$9- A: CffANGE A TRACT 01= LAND OUT OF SECTION 7, 8LOCi< ti•t. CITY OF LUIIIIOCK, LUBBOCK , :COUNTY,· TEXAS. TO DELETE . · . CONDITION ·"A" . OF OROt; • NANCE NUMBER Ql8, WHICH f :PROVI. ..DES ·FOR c. ·2A %0NING I. LIMITED TO PROF~SIONAL Ol'FICI!$ AND CHAI>fGE I!XIST. 'lNG ZONlNG TD']:.fA ZONI"'G· :.SUBJECT TO · C::ONOITIONS: ·~ PROV.ID!NO .FOR A PENALTY :AS. PROVIDEDFOlt IN SECTION ! 1'4 0P THE CITY·CDDe: PRO' VIDUIO A SAVINGS . CLAUSE AND PROVIDING"1'0R PUBLI· CATION. · , _ · " . ORDINANCE N0.1767 · Ni ORDINANCE . AMENDJNG SECTION 2MIIIrft2) BV ADDING . A NEW SUB-PARAGRAPH "m" TO ·PROVIDE FOR AN ADDI· :TIONAl. SP$CIAL. EXCEPTION · TO .THE :%DNINO ORDINANCE :OP·THI!i CITY Of' J.UBBOCK.IIE· : lNG ORDINANCE NO; 11114, PRO.. VIOING FOR THE . USE . OF ·A · !J~U!-f'AMILY .• ·· OWEI.LING """ • LOCATE!) Ill AN R·1 OR R• · 2. %ONE AS GROUP HOUSING · FOR. MENTALLY RETARDED ' PERSONS: PROVIDING f'O .. A ' PENALTY AS PROVIOED FOR IN SECTION I~ OF . THE CITY CODE; PROVIDING A SAVINOS ~ CLAUSE AND PROViDING FOR~ 1'UBLICATION. . '