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HomeMy WebLinkAboutOrdinance - 6259-1971 - Issuance Of Specific Land Permit Zone Case 1720-A - 12/22/1971KJ·s~ ' M ORDINANCE NO. 6259 AN ORDINANCE AUTHORIZING THE ISSUANCE OF A SPECIFIC USE PERMIT~ TO-WIT: TOWNHOUSES IN ZONE CASE NO. 1720-A ON A TRACT OF LAND OUT OF SECTION 6, BLOCK E-2, l.AJBBOCK COUNTYJI TEXAS: AMENDING ZONING ORDINANCE NO. 1695 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK SO AS TO CHANGE A PORTION OF THE PROPERTY IN ZONE CASE NO. 1720-A FROM AN "R-1 11 TO A "C-1 11 ZONING DISTRICT: SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVJNGS CLAUSE AND PROVIDING FOR PUBLICATION. WHEREAS~ after receiving the recommendations of the Planning and Zoning Commission and, after due notice and public hearing and all matters having been done and performed as required by Section 14-A of Zoning Ordinan No. 1695 of the City of Lubbock (said Ordinance being an Appendix to the City of Lubbock City Code), relating to Specific Use Permits, 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 authorize the granting of a Specifi Use Permit as hereinafter set forth; and .. WHEREAS~ the proposed change in zoning districts as hereinafter made has been duly presented to the Zoning and Planning Commission for its recom- mendation which was received by the City Council and after due consideration, the City Council finds that making the proposed change as hereinafter set out w ill be in the public interest; 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 20 of Ordinance No. 1695 as well as notices provided in Article lOllf, Vernon1s Annotated Civil Statutes, amend in 1961, and notice was duly published in the Lubbock Morning Avalanche Journ more than fifteen (15) days prior to the date of the public hearing before the Ci Council on such proposed amendment, and the public hearing according to said notice was duly held in the City Council Room on the Second Floor of the City Hall, Lubbock, Texas, at which time persons appeared in support of the pro- posal; 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 Or- dinance 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 the Director of Planning of the City of Lubbock is authorized to issue a Specific Use Permit to the Applieant in Zone Case No. 1720-A in accordance with the recommendations and conditions imposed by the Planning and Zoning Commission, on file with the office of the Director of Plan ning and the City Council, which are hereby adbP.tezl and incorporated herein by KJ:sw reference for all purposes, provided such Applicant agrees to be bound by the terms of the Specific Use Permit, the granting of which is hereby made sub- ject to compliance to all provisions of Zoning Ordinance No. 1695, an Ordi- nance of the City of Lubbock, including particularly but not limited to, Section 14-A of Zoning Ordinance No. 1695 within twenty-four (24) months of the ef- fective date of this Ordinance, the City Secretary Treasurer shall be and is hereby authorized and instructed, upon written notice from the Director of Planning that Applicant has not complied with the provisions, conditions and terms imposed by this Ordinance, to note Applicant's failure to comply on the margin of the Minutes of the City Council opposite entry of this Ordinance, and the authorization to issue such Specific Use Permit is hereby revoked, and the Director of Planning in such event is directed to remove from the Zoning Map the legend indicating such limited use. The Specific Use authorized by this Ordinance is for Townhouses under provision of Section 14-A. 1-9 of the Zoning Ordinance on a tract of land out of Section 6, Block E-2, Lubbock County, Texas, said tract being further described by metes and bounds as follows, to-wi : BEGIN"NING at a point which bears South 89 o 59' East; 105. 52 feet and 40 feet South of the Northwest corner of Section 6, Block E-2; THENCE Southwesterly along the right of way lineof 34th Street approximately 545 feet to a point of intersection; THENCE Westerly along the right of way line of 34th Street 290 feet; THENCE South; 150 feet; THENCE West; 215 feet; THENCE South; 483 feet to the North line of a previously dedicated alley; THENCE South 89° 56' East; 629.93 feet; THENCE North 65° 04' East; 462.59 feet; THENCE North 00° 04' East; 454.63 feet to the PLACE OF BEGINNING. SECTION 2. THAT Ordinance No. 1695 and the Official Zoning Map BE and the same are hereby amended as follows, to-wit: Change from "R-1 11 to "C-1 11 Zoning District: BEGIN"NING 60 feet South and 40 feet East of the Northwest corner of Section 6, Block E-2; THENCE South 89° 591 East; 215 feet; THENCE South; 150 feet; THENCE North 89° 59' West; 215 feet; THENCE North 150 feet to the PLACE OF BEGINNING. SUBJECT TO THE FOLLOWIN'G CONDITIONS: (1) That the site plan be approved by the staff in accordance with Council direction. (2) That it does not cupersede platting requirements. SECTION 3. THAT from and after passage and effective date of this Ordinance~ said lots, tracts and parcels of land described in Section 2 hereof shall be changed to the zoning district indicated and the Official Map is amended in accordance herewith. SECTION 4. THAT any person. firm or corporation owning or operatin~ the subject property failing to comply with the conditions imposed by Section 2 hereof shall be guilty of a misdemeanor and upon conviction thereof, shall be subject to a fine not to exceed TWO HUNDRED DOLLARS and each and every day's violation shall constitute a separate and distinct offense. The failure of any corporation owning or operating the subject property to comply with any of the conditions imposed by Section 2 hereof shall render the President, Vice-President, General Manager, Local Manager and Local Agent liable to the penalty prescribed in this Section. SECTION 6. THAT should any Section, 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 6. 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 Council on first reading this ..1l_ da f___,~Cioi4&MO~~eAttlill3~e;wor'---' 1971. Passed by the Council on sec~md reading this~~··, of JaPJlary • 1972. ATTEST: APPROVED AS TO FORM: Fred 0. Senter, Jr •• j!tfjTAttorney APPROVED: No Text