HomeMy WebLinkAboutOrdinance - 2015-O0010 - ZC 3246 - 02/12/2015First Reading Second Reading
January 22, 2015 February 12, 2015
Item No. 6.3 Item No. 5.16
ORDINANCE NO. 2015-000 10
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 3246; A ZONING CHANGE FROM R-1 TO R-1
SPECIFIC USE FOR A 120 FOOT TELECOMMUNICATIONS TOWER, ON
0.1291 ACRES OUT OF 7.687 ACRES OF UNPLATTED LAND OUT OF BLOCK
t, SECTION 77, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A
UNALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR
BLICATION.
WHEREAS, the proposed changes in zoning as hereinafter made have been duly
sented to the Planning and Zoning Commission for its recommendation which was
eived by the City Council and, after due consideration, the City Council found that due
changed conditions, it would be expedient and in the interest of the public health,
ety and general welfare to make those proposed changes in zoning; and
WHEREAS, all conditions precedent required by law for a valid amendment to
Zoning Ordinance and Map have been fully complied with, including giving notices
compliance with Section 40.01.005 of the Code of Ordinances, City of Lubbock,
Kas, and the notices provided by the Texas Local Government Code §211.007
-mon, 1990), and notice was duly published in the Lubbock Avalanche -Journal more
n fifteen (15) days prior to the date of the public hearing before the City Council on
:h proposed amendment, and the public hearing according to said notice, was held in
City Council Chamber of the Municipal Building, Lubbock, Texas, at which time
-sons appeared in support of the proposal; and after said hearing, it was by the City
uncil determined that it would be in the public interest, due to changed conditions, that
Zoning Ordinance and the Zoning Map be amended in the manner hereinafter set
th in the body of this Ordinance and this Ordinance having been introduced prior to
;t reading hereof; NOW THEREFORE:
IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
K41Jet0K1%3DIN11 9Z,R.
SECTION 1. THAT Ordinance No. 7084 and the Official Zoning Map are
:d as follows:
A change of zoning under provisions of Section 40.01.005 of the Code of
Ordinances of the City of Lubbock from R-1 to R-1 Specific Use for a 120 foot
telecommunications tower on 0.1291 acres out of 7.687 acres of unplatted
land out of Block A, Section 77, City of Lubbock, Lubbock County, Texas,
located at 902 East Erskine Street, subject to conditions, and being further
described as follows:
METES AND BOUNDS DESCRIPTION: Attached as Exhibit "A".
SUBJECT TO THE FOLLOWING CONDITIONS:
1. THAT the tower shall be monopole construction having a maximum
height of 120 feet, tied to the elevation and site plan.
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 R-1 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 902
.East Erskine Street, 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 January 22, 2015
Passed by the City Council on second reading on February 12 2015
Garza, City Secretary
Zone Case No. 3246
page - 2 of 3
C-]tOBERTSON, MAYOR
AS TO CONTENT:
Paxton, Director of Planning
AS TO FORM:
Weaver, City Attorney
6,2015
Zone Case No. 3246
page - 3 of 3
Solis-Kanak & Associates Inc. Firm License
Professional Land Surveyors No. 10140200
Lessee
Lease Area
TXLU Fuchsbau
Field notes for a 0.1291 of an acre lease area out of the remainder of a called 'tract of land" in
deed to Texas Mule DeerAssociation, LP, recorded in Doc. #2011040899, Official Public
Records Lubbock County, Texas, situated in Section 77, Block A. The E.L. & R.R.R.R.CO.
Survey, Abstract No. 179, Lubbock County, Texas, and being more particularly described by
metes and bounds as follows with all bearings being based on Texas State Plane Coordinates
North Central Zone (NAD 83);
Commencing: at a found %'iron bar (N 7283730.45, E 955250.79) with cap stamped "1676'
lying in the north line of said "tract of land" in deed to Texas Mule Deer Association, LP, the
south right-of-way line of E. Erskine Street (50' R.O.W.), and marking the northwest comer of a
called `tract of land" in deed to CS Investments, recorded in Doc. # 2007040532, Official Public
Records Lubbock County, Texas, now part of said Texas Mule Deer Association, LP tract, from
which a found Dz"iron bar (N 7282757.60, E 956523.99) with cap stamped "1676° lying in the
west right-of-way line of N. Ivory Avenue marking the southeast corner of said "tract of land" in
deed to CS Investments bears S 52" 36'59w E (Bearing Basis), 1602.34 feet;
Thence: S 79" 16'45'E, 435.46 feet, across said "tract of land" in deed to Texas Mule Deer
Association, LP., to a set 12' iron bar with cap (Solis-Kanak) for the southwest comer and the
Place of Beginning of the herein described lease area;
Thence: N 23" 30'59 0 W, 75.00 along the west line of the herein described lease area to a set
Ya' iron bar with cap (Solis-Kanak) for the northwest comer of the herein described lease area;
Thence: N 66" 29'0 1 ' E, 75.00 feet, along the north line of the herein described lease area, to a
set Y' iron bar with cap (Solis-Kanak), for the northeast corner of the herein described lease
area;
Thence. S 23" 30'59"E, 75.00 feet, along the east line of the herein described lease area, to a
set YZ' iron bar with cap (Solis-Kanak), for the east corner of the herein described lease area;
Thence: S 66" 29'01 0 W, 75.00 feet, along the south line of the herein described lease area, to
the Place of Beginning and containing 0.1291 of an acre of lease area more or less.
Clinton L. Kanak, R.-P.L.S.
Registered Professional Land Surveyor, No. 4499
Date: December 11, 2014
G: Llobs2014114-00361Lease Area.doc
Page 1 of 1
17500 FM 306 ♦ P. O. Box 1773 *Canyon Lake, Texas 78133 ♦ (830) 935-4011 ♦ Fax (830) 935-4012