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Home My WebLink AboutOrdinance - 2021-O0115 - Zone Case 2904-G'irst Reading august 24, 2021 tem No. 8.9 2021-00115 ORDINANCE NO. Second Reading September 14, 2021 Item No. 8.13 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2904-G; A ZONING CHANGE FROM IHC TO IHC SPECIFIC USE FOR A TEMPORARY TELECOMMUNICATION TOWER, AT 212 UNIVERSITY AVENUE, LOCATED WEST OF UNIVERSITY AVENUE AND SOUTHEAST OF SANTA FE DRIVE, ON 0.63 ACRES OF UNPLATTED LAND OUT OF BLOCK A, SECTION 20, LUBBOCK, TEXAS; 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 40.01.005 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.2904-G SECTION 1. THAT Ordinance No. 7084 and the Official Zoning Map are amended as follows: A change of zoning under the provisions of Section 40.01.005 of the Code of Ordinances of the City of Lubbock from IHC to IHC Specific Use for a temporary telecommunication tower zoning district at 212 University Avenue, located west of University Avenue and southeast of Santa Fe Drive, on 0.63 acres of unplatted land out of Block A, Section 20, City of Lubbock, Lubbock County, Texas, and being further described as follows: METES AND BOUNDS DESCRIPTION: Attached as Exhibit "A". 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 40.03.3102 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 IHC zone district; 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 40.03.3101- 40.03.3103 of Codified Zoning Ordinance No. 7084 on the property described as 212 University Avenue, located west of University Avenue and southeast of Santa Fe Drive, on 0.63 acres of unplatted land out of Block A, Section 20, City of Lubbock, Lubbock County, Texas. SECTION 3. 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 40.01.006 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. AND IT IS SO ORDERED. Passed by the City Council on first reading on August 24, 2021 Passed by the City Council on second reading on September 14, 2021 ATTEST: Rebe ca Garza, City Secr L". DANIEL M. POPE, MAYOR Zone Case No. 2904-G Page - 2 APPROVED AS TO CONTENT: Brya sh Director of Planning APPROVED AS TO FORM: -.Ili Leisure, Assistant City Attorney vw/CityAtt/Kell i/Zones/ZC2904-G July 29, 2021 Zone Case No. 2904-G Page - 3 0 JO 60 S.- I- W RECORDED N VOLUME 21Q PAGE W, DEED RECORDS OF LUBBOCK LOT IA RECORDED N VOLUME TOM PAGE 364, DEED RECORDS IE7GS. LOT 2A RECORDED N VOLUME 1570. PAGE 711. DEED RECORDS iNE SUCH RIPE EXAMWARWS ARE NOT I/E RESPONSIBUUTY OF IMS SURVEDDR. SURWY COMING! 1. BEARINGS ARE OW BEARINGS RELA77W TO THE TEXAS COORDINATE SYSTEM 1MC ZONE 420E HAD as (OORSN. YEAsAw ALONG TE SOUTHEASTERLY RIONT-CF-WAY LINE OF SANTA FE ORRV£ AS NWUEHTED ON RE GROUND, CONVERGENCE TO IRUE NORTH BEARINGS O -O' so' 191. 2. 015TAN.ES sHow ARE SINFACE us SURVEY FEET DETAIL: N. T.S. LEGEND P.O.B. - PONT OF BEGINNING. A PLAT OF 1.89 ACRES SITUATED IN SECTION 20, BLOCK TRACT ARP A, LUBBOCK COUNTY, TEXAS AND BEING OUT OF BLOCK METES FUR A IN MAW UBBOCK TY TEXAS our OFAiS.s2 ACRE TRACTRECORDEDTRACTI DwiUME a7 PPAAGE I. CORDS LUBBOCK KCOUNTY 25, F.R. FRIENDS ADDITION AS RECORDED IN COUNTY TEXAS CLERK'S FILE # 2013043496 AND A 91.52 ACRE TRACT BEGINNING AT A FOUND SQUARE TUBE FOR DIE SOUTHWEST CORNER OF THIS TRACT SAYE BOND PC SO/TNNEST QUITCLAIMED TO THE STATE OF TEXAS AS RECORDED CORNER OF LOT I-A.BLOCK 2A FR. FRIENDADDITIONRECORDED N VQUAIE IOW, PAGE 364 DEEDRECORDS OF QUN LUBBOCK OIX TEXAS FROM 1111104 A 1/2' NGN ROD FOUND N IME WEST LINE OF INnR RyrY AVENUE AT THE VOLUME 6729, PAGE 1, DEED RECORDS OF LUBBOCK RaRDS IWEAST CORNER Orsir �TEXXAAS SEARS Ness' 40022E A DISTANCE OF 21 FEET. PAGE B0. D® COUNTY, TEXAS. THENCE N. 34' 15' 45' W. A DISTANCE OF 99.81 FEET TO A 1/2' NON ROD WIN CAP INSCRIBED IRPLS 4400' FOIRID N THE SOUTH RIGHT-OF-WAY LAW OF SANTA FE DRIVE FORT TIE NORTHWEST CORNER OF INS TRACT.. THENCE N. 35. 42' I]' E ALONG THE NMWKSMXY LINE OF SAD 01.52 ACRES, A &STANCE OF2a9.44 FEET TO A 1/2' IRON ROD WM CAP NSA 'RPLs 426J' FOND N THE SOUTH Rmr-OF-WAY Lw OF SANTA FE OWVE Alm RE NEST LINE Or UNIVERSITY AVENUE FOR THE NORTHEAST COWER OF INS TRACT. RADICE S. 01' SY 34' W. ALONG THE NEST LINE OF UNIVERSITY AVENUE A DISTANCE OF 121W FEET TO A 1/2' IRON ROD TONIC AT THE SAID NORTHEAST GORIER OF LOT 1, BLOCK 21 THENCE S Sr 40' 22' W. ALONG THE NORiNW67EW.Y LIE OF SAID LOT I AND THE SQUMEASTORLY LINE OF SAD 91.52 ACRES A DISTANCE O. 216.46 FEET TO THE PUCE OF BEAMING AND CONTAINING 0.5E ACRES IRICi lkR METES AND BOOMS FOR A 0.40 AWE TRACT OF LAM SITUATED N SECTION 20, BLOW A, LUBBOCK COUNTY, TEXAS LUBBOCK COT TEXASOUT OF 91.52 ACRE TRACT AS RECORDED N VOLUME 6729, PAGE I, DEED RECORDS COUNTY LLLLLe ROD NOUN 0. �+' / �. ,tag 't. v�• �.�.21 : . 7tit., /. LOT S. 88' 11'2T E. - 174.56' P.O.B. LOCK 2 p TRACT' 6RR F R FRIEN Z 171G. JO'OA' b� gi•�� 5 i ��ptyaG�M Y 5• /N" PiSY Cry OF "*a" 01` • - SET 1/2' IRON ROD W/ BLUE CAP INSCRIBED 'CHT RPLS 6480' UNLESS NOTED OTHERWSE O FOUND J' ALUMINUM DISK (TXDOT) ■ SQUARE TUBE FOUND m 1/2'IRON PIPE FOUND U.E. = UTILITY EASEMENT R.O.W. a RIGHT-OF-WAY D.R.L.C., TX. a DEED RECORDS OF LU88OCK COUNTY, TX. CCF - COUNTY CLERK'S FILE, OFFICIAL PROPERTY RECORDS OF LU69OCK COUNTY, TEXAS. Line Table LMs j Length Diroel7on Ll 1 65.00' N. O1. 54' Sr E. I pp �o WKL 110JPL' 091 \ I TRACT 1 I BEGINNING Al A FOND SQUARE TUBE FOR THE SOUREASr CORNER OF THIS TRACT NE SABONG THE NORRRIM CORNER OF LOT 2-A.FR. FRIEND ADDITION, RECORDED N E VO/N1570. PAGE 711. DEW RECORDS OF LUBBOCK COUNTY, TEXAS FROM WOW A SQUARE TUBE FOUND AT THE sOUR/RESr CORNER OF LOT i-A, F.R. FRIEND ADDITION, RECORDED N VOLUME IBM. PACE 364. DEW RECORDS OF LUBBOCK COUNTY, TEXAS BEARS N. 55' 35' 49' E A DISTAME ar wt.e4 FEET. THENCE S 55. 412 J2' W. ALONG TIE NORINWSMXY LOVE OF A CALLED 204 ACRE IRACr RECORDED N VOLUME S9. { � PAGE 2OZi OO�R CE OF 100 � TO A 1/2' NON ROD WIN CAP NSA b/T RPLS 6460' SET FOR PE H THENCE N. 34' IB' JI' IT A DISTANCE OF 0.9e FEET TO A 1/2' NON ROD WIN CAP INSCRIBED 'ENT RPLS 6460-SET 1 N THE SQU7HEASTERLY RIGHT-OF-WAY LIE OF SANTA FE DRIVE FOR PE NORTHWEST CORNER OF INKS TRACT THENCE N. 55' 42' IY E ALONE I E NORTHWESTERLY LINE OF SAID 91.52 ACRESV A DISTANCE OF 17500 FEET To ♦ AN IRON ROD WIN J' AUARMNF CAP (TXD01) FOUND FOR THE NORTHEAST CORER OF ?HIS TRACT y^D THENCE s J4' 16' JI' E ALONG TE SQUTHWESr LINE OF TRACT W AS RECORDED N COUNTY CLERKS :TIE y §�130#3496, OFFICIAL PROPERTY RECORDS A W LUBBOCK COUNTY, TEXAS,A DISTANCE OF 10000 EU FEET TO FIPLACE sED,NHIHO AND CONTAINING C TRACT I-M Uj METES AND BRIMS FOR A GOT ACRE TRACT OF LAND SITUATED N SECTION 20, BLOCK A. LUBBOCK COUNTY. TEXAS BONG ALL OF TRACTS 1. 4 AT N AS DESCRIBED N COUNTY CLERICS FILE 0013043496. OFFICIAL PROPERTY RECORDS OF LUBBOCK COUXNTY TEXAS BEGINNING AT A SQUARE TUBE FOUM FOR AT RE SOU/HWESY CORNER OF SAID TRACT M. SAME BEING INC lAI NORNWEST CORNER OF LOT 2-A. FR. MOO ADDITION (TRACT 6) AS RECORDED N VOLUME 1574 PAGE 711. 0® S RECORDS OF UJ890C ( COUNTY. TEXAS Q N TIRING£ N. 34' 10' JI' W ALONG DE sOUMWEST LINE OF TRACT B. A DISTANCE OF 100.00 FEET T7 A IRON ROD WM J' ALUMINUM CAP (ITIDOTI FONND N 1EA TE s0UTSTER.Y RTQNT-CIF-WAY LINE OF SANTA FE DRIVE FOR TIE NQRni%M CORNER OF TK TRACT. TENCE N. 55' 42' IJ' E ALONG THE NORMwninto .r LINE OF TRACT W. A DISTANCE OF 101.86 FEET To A 1/2' IRON ROD WIN CAP INSCRIBED IMAT 4460' FOUND FOR THE MOST NORTHERLY CORER OF US TRACT M04M S. 34' Is' AS' E A DISTANCE OF 90.61 FEET TO A SQUARE TUBE FOUND AT THE SOUTHEAST CORNER OF i I e TRACT W, sWE BEING 7HE SOUTHWEST wii OF LOT t-A. F.R. FRIEND ADDITION, RECORDED IN VOLUME 1056, PAGE yJ64. DEED RECORDS OF LUBBOCK COUNTY, TEXAS FOR A CORNER OF THIS TRACT. TENCE 5. Be' It' 27' E ALONG THE SOUTH IRE OF SAID LOT I -A. SAME BOOR THE NORTH RDE OF SAO TRACT 1. A DISTANCE OF 174.50 FEET TO A 1/2' NON PIPE FOUND IN THE WEST RIGHT-OF-WAY LIE OF UNIVERSITY AVONE FOR THE NORTHEAST CORNER OF THIS TRACT THENCE S OI' 35' 34' W. ALONG THE VEST LINE OF UNIVERSITY AVEAE A DISTANCE OF 120.02 FEET To A #/2' IRW PIPE FOUNDMOM CONCRETE N INE NORTH RWT-W-WAY LAW OF 21m PLACE AT THE SOUTHEAST CORER OF SAID TRACT 1• FOP THE SOUTHEAST CORNER OF THIS TRACT. THENCE N. 11a' IJ' IY W. ALONG THE NORM LINE OF IND PUCE A DISTANCE OF 256.59 FEET M A SQUARE TUBE FOUND N THE EAST LIME OF A CALLED 204 ACE TRACT RECORDED N VOLUME So. PAGE 207. DEED RECORDS O' LUBBOCK COUNTY, TEXAS AT INC SOUTHWEST CORNER OF TRACT R. FOR THE SOUTINEST CORNER OF INS TRACT. 04NM N. 01' 54' 30' E ALONG THE EAST UE OF SAO Z04 ACRES A DISTANCE OF 65.00 FEET TO THE PUCE OF BEGINNING AND CONTANNG 0.N ACRES 2ND PLACE (60' R.O.W.) B�° �IENOS F'RI STALE O' IEXASI IUIOW ALL YEN BY THESE PRESENM THAT 4 CYRIL H. TURNER, REGISTERED cowry OF LUBBOW: PROFESSIONAL LAM SURVEYOR . 00 RRRREBY CERTIFY THAT 1 OD CAUSE To BE SURWYED W THE CROWD THE TRACT OF LAM SHOWN ON IRIS PLAT.M ATo TE BEST OF MY KNOWLEDGE AM BELIEF, THE SAID PUT AM DESCRIPTIONS ARE TRUE AM CORRECT. N W INKS "*KW, My HAM AND SEAT. TINS THE 257H DAY OF ,NAY• A.D. 2014. Preliminary, this document shall not be recorded for any purpose and shal not be used or weaved or relied upon as a final survey document CP6 H. TW-. R.P.I.S. Na 6460 TFXSAMING OUTOF &OW A FR FRIENDS ADORIONAMA 9152ACRE TRACTOU11CLARED TO THESTATEOFMEW.. 1' . BB' APPRQ4D BC (M DR W Bn ORC kA�r�,oAc,Es��o,sEcno,2o,a�A,Lg�couwrY 07/I'I/. 2014 OJD Engineering, L.P. J26 E HN. wi9Iu-wfllConsulB ineere k Su WeNmR Q 7950EIIEMK' F6N/IOIIJ96J ORa1N6 NtRA M 1411