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HomeMy WebLinkAboutOrdinance - 2008-O0057 - Amending Zoning Ordinance To Make Changes: Case 3097-A; Clinics-Medical Offices - 05/22/2008First Reading May 22. 2008 Item No. 6.5 ORDINANCE NO. 2008-o005 7 Second Reading June 13. 2008 Item No. 5.9 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 3097-A; A ZONING CHANGE FROM GO TO AM ZONING DISTRICT LIMITED TO CLINICS OR MEDICAL OFFICES, MEDICAL, DENTAL AND OPTICAL LADORA TORIES PROVIDING SERVICE AND PRESCRIPTION 1\tEDICAL DEVICES, OFFICES GENERAL AND PROFESSIONAL AND PHARMACIES, NOT EXCEEDING 2,000 SQUARE FEET, AS LISTED IN THE "AM" ZONING DISTRICT, ON UNPLATTED TRACTS OF LAND OUT OF SECTION 17, BLOCK E2, 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 29-29 of the Code of Ordinances, City of Lubbock, Texas, and the notices provided by the Texas Local Govermnent 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. 3097-A SECTION 1. THAT Ordinance No. 7084 and the Official Zoning Map are amended as follows : A change of zoning under the provisions of Section 29-29 of the Code of Ordinances of the City of Lubbock from GO to AM Zoning District limited to clinics or medical offices, medical, dental and optical laboratories providing service and prescription medical devices, offices general and professional and pharmacies, not exceeding 2,000 square feet, as listed in the AM Zoning District on unplatted tracts of land out of Section 17, Block E2, City of Lubbock, Lubbock County, Texas, located at 109th Street and Quaker 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 no uses in the generic AM District shall be allowed except the following: a) Exclusive to medical or dental offices, no veterinary use; b) Limited to medical, dental and optical laboratories providing service for individuals of the medical profession and their clientele; c) Offices for medical and dental shall be allowed, no retail sales are allowed with the exception of articles specifically associated with the practice that occupies the building; and d) A permitted use shall be a pharmacy not to exceed 2,000 square feet that is limited to the sale of medical, drugs, and/or medical supplies only. 2. THAT the parcel shall be subject to an overall curb cut allowance that is a condition of Zone Case 3097. 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. 3097-A page-2 of 3 AND IT IS SO ORDERED. Passed by the City Council on first reading this 22nd day of May Passed by the City Council on second reading this 13t:h day of June ATTEST: APPROVED AS TO CONTENT: APPROVED AS TO FORM: Chad Weaver Assistant City Attorney vw/ C!tyAn/Cbad!ZONE CASES/zc3097-A May 6, 2008 TOM MARTIN, MAYOR lime Case No. 3097-A page-3 of 3 '2008. '2008. 0 0 Ordinance Ho. 2008-oQ057 HUGO REED AND ASSOCIATES. INC. 1601 Avenue N /Lubbock, Texas 7940118061763-58421 FAX 8061763·3891 CIVIL ENGINEERS METES AND BOUNDS DESCRIPTION for a tract of land located in Section 17, Block E~2, being further described as follows: BEGINNING at a point in the centerline of Quaker Avenue, which bears South an approximate distance of 611.4 feet from the Northwest corner of the South half of Section 17, Block E-2, Lubbock County, Texas, same being the Northwest comer of this tract: THENCE East, an approximate distance of 275.0 feet to a point in the West line of a 20 foot alley, for the Northeast comer of this tract; THENCE South, continuing along the West line of said 20 foot alley, an approximate distance of 125.0 feet to a point for the Northeast corner of proposed Tract UL", Orchard Park, and the Southeast comer of this tract; THENCE West, along the North line of said proposed Tract uL", an approximate distance of 275.0 feet to a point in the centerline of said Quaker Avenue for the Southwest comer of this tract; THENCE North, along the centerline of said Quaker Avenue, an approximate distance of 125.0 feet to the Point of Beginning. CONTAINS: 0.63 Acres PREPARED FOR ZONE CHANGE REQUEST ONLY; DOES NOT REPRESENT AN ACTUAL SURVEY