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HomeMy WebLinkAboutOrdinance - 2005-O0118 - Amending Zoning Ordinance; Making Change: Zone Case No. 2458-H - 09/21/2005First Reading September 21,2005 ltem3S ORDINANCE NO. 2005=0011s ~-=~una .K.eaomg October 13, 2005 Item No. 4.3 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2458-H; A ZONING CHANGE FROM C-4 AND R- 1 TO C-3 AND A-1 SPECIFIC USE FOR A SENIOR APARTMENT COMMUNITY ON A 27.252 ACRE TRACT OF UNPLATTED LAND our OF SECTION 18, BLOCK A, 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 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, including giving notices in compliance with Section 29-24 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. 2458-H SECTION 1. THAT Ordinance No . 7084 and the Official Zoning Map are amended as follows: A change of zoning from C-4 and R-1 to C-3 and A-1 Specific Use for a senior apartment community under provisions of Section 29-24 of the Code of Ordinances of the City of Lubbock on a 27.252 acre Tract of unplatted land out of Section 18, Block A, City of Lubbock, Lubbock County , Texas, located at Loop 289 West of Knoxville Avenue, subject to conditions and being further described as follows: METES AND BOUNDS DESCRIPTION: Attached as Exhibit "A". SUBJECT TO THE FOLLOWING CONDITIONS: 1. THAT the perimeter fence may be installed as proposed with consideration for any vision triangle associated with the project. 2. THAT the zoning be tied to the proposed site plan with adjustments allowed for building location due to future platting requirements. SECTION 2. THAT the granting of this specific use zoning is hereby made subject to compliance with 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 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 C-4 and R-1 zone districts; and if such reversion occurs, the Director of Planning 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 27.252 acre Tract of unplatted land out of Setion 18, Block A, City of Lubbock, Lubbock County, Texas . SECTION 3. THAT violation of any provision of this Ordinance shall be deemed a misdemeanor punishable by fme not to exceed Two Thousand and No/100 Dollars ($2,000.00) as provided in Section 29-3 1 of the Zoning Ordinance of the City of Lubbock. 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. Zone Case No. 2458-H page-2of3 AND IT IS SO ORDERED. Passed by the City Council on first reading this 21st day of Septeaber '2005. ATTEST: APPROVED AS TO FORM: ~· ~~c:Y ~4 -T'~ Linda L. Chamales Senior Attorney Office Practice as/cityau/Linda/ZoneCases/ZC2458-H September I, 2005 Zone Case No. 2458-H page-3 of3 DOUGAL, MAYOR Zone Case 2458-H Exhibit "A" Ordinance Ho. 2005-ooll8 A METES AND BOUNDS DESCRIPTION of a 24.99 aae tract of land out of Section 18, Block A. Lubbock County, Texas; BEGINNING at a point which bears West approximately 2,741.64 feet and North approximately 1,496.61 feet from the Southeast comer of Section 18, Block A, Lubbock County, Texas; THENCE North an approximate distance of 610.618 feet; THENCE N 53° 11' 47" E a distance of 547.88 feet to a point of curvature; rHENCE Northeaster1y around a curve to the right, said curve having an approximate radius of 500.00 feet, an approximate chord distance of 325.55 feet, and an approximate chord bearing of N 72° 11 ' 43" E; THENCE S 88° 48' 13" E a distance of 202.40 feet to a point of curvature; THENCE Northeaster1y around a curve to the left, said curve having an approximate radius of 228.44 feet, an approximate chord distance of 144.24 feet, and an approximate chord bearing of N 71° 35' 48" E; THENCE N 51 o 27' 20" E an approximate distance of 95.69 feet; THENCE South an approximate distance of 1139.32 feet; THENCE West an approximate distance of 1162.70 feet to the point of beginning and containing 24.99 acres.