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HomeMy WebLinkAboutOrdinance - 2008-O0087 - Amending Zone Case No. 2984-G; Skilled Nursing Facility On 5.681 Acres - 09/25/2008First Reading September 25, 2008 Itea No. 6.2 0 RD IN ANCE NO. ----=2=0=0=8-o-=..::::0-=-08=7'----_ Second Reading October 9, 2008 Itea No. 5.5 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2984-G; A ZONING CHANGE FROM R-1 SPECIFIC USE TO A-2 ZONING DISTRICT LIMITED TO A SKILLED NURSING FACILITY ON 5.681 ACRES OF UNPLATTED LAND OUT OF BLOCK AK, SECTION 48, 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 reconunendation 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 first reading hereof; NOW THEREFORE: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: ZONE CASE NO. 2984·G SECTION 1. THAT Ordinance No. 7084 and the Official Zoning Map are amended as follows: A change of zoning under provlSlons of Section 29-24 of the Code of Ordinances of the City of Lubbock from R-1 Specific Use to A-2 Zoning District Limited to a skilled nursing facility on 5.681 acres of unplatted land out of Block AK, Section 48, City of Lubbock, Lubbock County, Texas, located at 37th Street and Norwich Avenue, subject to conditions, and being further described as follows: METES AND BOUNDS DESCRIPTION: Attached as Exhibit "A'J· SUBJECT TO THE FOLLOWING CONDITIONS: 1. THAT the parcel shall be A-2 limited to convalescent, nursing, geriatric or personal care facilities. 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. AND IT IS SO ORDERED. Passed by the City Council on first reading this 25th day of September , 2008. Passed by the City Council on second reading this 9th day of October , 2008. ATTEST: TOM MARTIN, MAYOR Zone Case No. 2984-G page-2 of3 APPROVED AS TO CONTENT: 14 ~~ APPROVED AS TO FORM: <Zt~ Chad Weaver Assistant City Attorney vw/City Att/Chad/Zones/ZC2984·G September 5, 2008 Zone Case No. 2984-G page-3 of3 0 c Ordinance No. 2008-o0087 Metes and Bounds description prepared for Zone Change purposes only on a 5.47 acre tract out of Section 38, Block AK, Lubbock County, Texas, being further described by metes and bounds as follows: BEGINNING at the Northeast comer of this tract which bears South 1361.05 feet and West 806.94 feet from the Northeast corner of Section 38, Block AK: THENCE South, 451.66 feet; THENCE West. along the North line of Tract C, Raider Ranch and the North line of a 32.09 acre tract, 527.39 feet to the Southwest comer of this tract; THENCE North, 451.66 feet; THENCE East, 527.39 feet to the PLACE of BEGINNING and containing 5.47 acres. Prepared for Zone Change Purposes only Does Not represent a survey. S:\EP2004 PROJECTS\MilwaukeeRidge\RaiderRanch\Nursing Zone Change.doc (_ (_