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HomeMy WebLinkAboutOrdinance - 2006-O0056 - Amending Ordinance: Case 2984-C Limited To A Retirement Community - 04/26/2006First Reading April 26, 2006 Itea No. 6.3 ORDINANCE NO. 2006-o0056 Second Reading May 11, 2006 Item. No. 5.6 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2984-C; A ZONING CHANGE FROM R-1 AND R-1 SPECIFIC USE TO A-3 ZONING LIMITED TO TO A RETIREMENT COMMUNITY, ON 26.5 ACRES OF UNSUBDIVIDED PROPERTY OUT OF SECTION 38, BLOCK AK, 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 Conunission 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 29-29 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 frrst reading hereof; NOW THEREFORE: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: ZONE CASE NO. 2984-C SECTION 1. THAT Ordinance No. 7084 and the Official Zoning Map are amended as follows: 1. A change of zoning under the provisions of Section 29-29 of the Code of Ordinances of the City of Lubbock from R-1 and R-1 Specific Use to A-3 zoning limited to a retirement community on 26.5 acres of uosubdivided property out of Section 38, Block AK, City of Lubbock, Lubbock County, Texas, located south of 39th Street and west of Milwaukee Avenue, subject to conditions and being further described as follows: METES AND BOUNDS DESCRPTION: Attached as Exhibit "A". SUBJECT TO THE FOLLOWING CONDITIONS: 1. THAT the A-3 zoning will be utilized in conjunction with a senior living center including cottage/duplex style homes, a transitional living center, an assisted living center and a nursing home. SECTION 2. THAT violation of any provision of this Ordinance shall be deemed a misdemeanor punishable by fine not to exceed Two Thousand and No/100 Dollars ($2,000.00) as provided in Section 29-31 of the Zoning Ordinance of the City of Lubbock. 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. Zone Case No. 2984-C page-2 of3 AND IT IS SO ORDERED. Passed by the City Council on first reading this 26th day of April Passed by the City Council on second reading this 11th day of May ATTEST: APPROVED AS TO CONTENT: APPROVED AS TO FORM: Linda L. Chamales Senior Attorney Office Practice as/ CITYATTIUNDA/ZONE CASES/zc2984-C April 6, 2006 Zone Case No. 2984-C page-3 oj3 '2006. '2006. c c ( Exhibit "A" Zone Case No. ?~~~-(' Ordinance Bo. 2006-00056 Metee and Bounds Oncriptton on a 29.28 acre tract out of Section 38, Block A. Lubbocl< County, Texas fOr ZONE Chango purpose• only and further dalcrlbed by m•tes and boundt aa follovq: BEOINNtNG at the Northealt comer of this tract which be4n West, 324.28 reet and South, 1812.32 feet from tt1e Ncr1haat comer d Seclfon 38, Block Ak; THENCE Sauth, 787.22 fMti THENCE Soutti\Wsterfy, with e CUN8 to the left, havi'lg a .-.dus d 232.00 feet, a central a11:11e of 11004'38", a c;hord distance of 44.78 feet. and a dlord bearing of s to•ss'30• W; THENCE Se5'23'11•W,182.81 faet; THENCE Wea18riy, wM a ~to ihe rfCtlt, haW!g a radJul ot 26a.OO feet, a cemral an~ C1f -4r31'12•, • chord dlltllnce of 194.36 feet, and • chant ~ng of s 88~'41" W: THENCE N 72"05'3r W, 609.28- THENCE N 88-:l7'14"W,1020.78 feet; ntENCE Norfl, 294.26 feet THENCE EMt. 1918.10 feet to the PLACE ot 8EG1NNING canfllfnlng 29.28 Acra8, Including any Right af W.y. Aprll3, 2008 Prepared for Zane Change Purposes onty, 00e1 not represent • Sf..IM'Y.