HomeMy WebLinkAboutOrdinance - 2015-O0011 - ZC 3247 - 02/12/2015First Reading
January 22, 2015
Item No. 6.4
ORDINANCE NO. 2015-00011
Second Reading
February 12, 2015
Item No. 5.17
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 3247; A ZONING CHANGE FROM T TO R-1
SPECIFIC USE FOR A 155 FOOT TELECOMMUNICATIONS TOWER, ON
0.1291 ACRES OUT OF 4.19 ACRES OF UNPLATTED LAND OUT OF BLOCK
E-2, SECTION 21, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING
A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR
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. 3247
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 T to R-1 Specific Use for a 155 foot
telecommunications tower on 0.1291 acres out of 4.19 acres of unplatted land
out of Block E-2, Section 21, City of Lubbock, Lubbock County, Texas, located
at 11410 University 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 the tower shall be monopole construction having a maximum
height of 155 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 T 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 11410
University Avenue, City of Lubbock, Lubbock County, Texas.
SECTION 3. THAT violation of any provision of this Ordinance shall be deemed
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
SECTION 4. THAT should any paragraph, sentence, clause, phrase or word of
Ordinance be declared unconstitutional or invalid for any reason, the remainder of
Ordinance shall not be affected thereby.
SECTION 5. THAT the City Secretary is hereby authorized to cause publication
descriptive caption of this Ordinance as an alternative method provided by law.
AND IT IS SO ORDERED.
by the City Council on first reading on January 22, 2015
by the City Council on second reading on February 12, 2015
Zone Case No. 3247
page -2of3
TTEST:
Gana, City Secretary
APPROVED AS TO CONTENT:
Paxton, Director of Planning
AS TO FORM:
Weaver, City Attorney
6,2015
Zone Case No. 3247
page -3of3
Solis-Kanak & Associates. Inc. Firm License
Professional Land Surveyors No.10140200
Lessee
Lease Area
TXLU Jagerbar
Field notes for a 0.1125 of an acre lease area out of a tract of land in deed to Hub City Machine
& Manufacturing, Inc. (HCMM) recorded in Volume 1763, Page 782 Deed Records Lubbock
County, Texas, situated in Section 21, Block E-2, 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 nail (N 7241779.81, E 941184.73) with disk (Hugo Reed) lying in the
intersection of 114'* Street (100' ROW) and University Avenue (Variable Width ROW) marking
the northeast comer of said Section 21, from which a found nail with disk (Hugo Reed) at the
center of said intersection bears N 02" 04'09' E, 15.54 feet, and a found 5/8" iron bar (N
7239142.00, E 941063.59) lying on the south line of the northeast quarter (NE/4) section of said
Section 21, lying on the south line of a tract of land in deed to Autlo Enterprises, LLC recorded in
Document No. 2012011502 OPRLCT, N 88° 14' 17" W, 39.99 feet, from the southeast corner of
the NE14 section of said Section 21 bears S 02" 37'47m W (Bearing Basis), 2640.59 feet;
Thence: S 55" 03'40"W, 752.91 feet, to a set Ya" iron bar with cap (Solis-Kanak) for the
northeast corner and the Place of Beginning of the herein described lease area;
Thence: S 01* 44'04'W, 70.00 feet, along the east line of the herein described lease area, to a
set 1z" iron bar with cap (Solis-Kanak) for the southeast comer of the herein described lease
area;
Thence: N 88" 15'56" W, 70.00 feet, along the south line of the herein described lease area, to
a set 16' iron bar with cap (Solis-Kanak) for the southwest corner of the herein described lease
area;
Thence: N 01'44'04' E, 70.00 feet; along the west line of the herein described lease area, to a
set Ys" iron bar with cap (Solis-Kanak) for the northwest comer of the herein described lease
area;
Thence: S 88" 15'56'E, 70.00 feet, along the north line of the herein described lease area, to
the Place of Beginning and containing 0.1125 of an acre of lease area more or less.
Clinton L. Kanak, R.P.L.S.
Registered Professional Land Surveyor, No. 4499
Date: August 19, 2014
Revised Date: December 11, 2014 Moved Lease Area
G:61obs2014114-00411Lease Area Revised.doc
Page 1 of 1
17500 FM 306 ♦ P. O. Box 1773 *Canyon Lake, Texas 78133 ♦ (830) 935-4011 ♦ Fax (830) 935-4012