HomeMy WebLinkAboutOrdinance - 2022-O0147 - Zone Case 3470 - 10/11/2022First Reading
September 27, 2022
Item No. 6.5
Second Reading
October 11, 2022
Item No. 6.22
ORDINANCE NO. 2022-00147
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND
THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE
FOLLOWING CHANGES: ZONE CASE NO.3470; A ZONING CHANGE FROM
T TO T SPECIFIC USE FOR ANTENNAS, TOWERS AND ALTERNATIVE
TOWER STRUCTURES, AT 5309 EAST ERSKINE STREET, LOCATED
NORTH OF EAST ERSKINE STREET AND WEST OF NORTH FIDDLEWOOD
AVE, ON 0.50 ACRES OF UNPLATTED LAND OUT OF BLOCK A, SECTION
26, 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.3470
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 T to T Specific Use for Antennas,
Towers and Alternative Tower Structures zoning district at 5309 East Erskine
Street, located north of East Erskine Street and west of North Fiddlewood
Ave, on 0.50 acres of unplatted land out of Block A, Section 26, 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 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 5309
East Erskine Street, located north of East Erskine Street and west of North
Fiddlewood Ave, on 0.50 acres of unplatted land out of Block A, Section 26, 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 September 27, 2022
Passed by the City Council on second reading on October 11, 2022
ATTEST:
Rebe ca Garza, City Secreta
Zone Case No. 3470
Page - 2
APPROVED AS TO CONTENT:
Sager, Directoftf Planning
APPROVED AS TO FORM:
I / k/ / A411
/ZJ M., e k jjKIA /0
r C
lli Leisure, Assistant City Attorney
vw; CityAtt/KeIIi/Zones/ZC3470
September 1, 2022
Zone Case No. 3470
Page - 3
e
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9R
LJ�
Ire IRON
SCALE: 1• = 50'
ROO WICAP
�
X • 70a.1n.98'
D'
25' SD'
Y • 732.133.3T
LEGEND:
P.O.B.
- POINT OF BEGINNING
�c-K-
FENCE LINE
---
APPROXIMATE SURVEY LINE
LEASE LINE
-P
OVERHEAD POWER LINE
S;
POWER POLE
■
FENCE CORNER
■
FOUND MONUMENT
ERSKINE STREET
1rr IRON ROD
X - 70a,116.aY
Y • 732,233.7C
COORDINATE TABLE
NAD27 TaNC
NAD9312011
NAVD(98)
PT
Northing
E"ting
Latitude
Longltud.
EI-11c n
A
732,395.1V
70s.516.65'
33. 36.27.90'N
101•45-23AS•W
3.17&9
B
732.38&1B
701,516.2s'
33.36.27AO'N
101•4523AWW
3,178.9
C
732.38&5C
701.606.25'
33.36'27.80'N
101•s5'23.69•W
3A79.a
D
732.395.56'
70a.506.66'
33 36' 27.90• N
101' a5' 23S9' W
3.179.1'
a Associates. LLC
FOR THE EXCLUSIVE USE OF
16110 Park Tan Mace
RISE BROADBAND
HouslwuIss
. TX 77084
I, John Legere, Registered Professional
713-040.9995
Land Surveyor, do hereby stale the above plat to
TX Firm t
be true and corrW to the best of my knowledge.
al
DRESS
D BOOK: 8179148
J. MGR.. BLH
Jo egefe
Registered Pro ssional Land Surveyor
Registration No. '698
ET t OF x
:a .m.rass �unrw
June 8, 2622
SHOP
SBCTION 26
BLOCK A
W.G. NAIRN
SURVEY, A-837
LUBBOCK ECONOMIC
DEVELOPMENTALLIANCE, INC
INS7.9 2021061889
O.P.R.LC.T.
LEASE AREA
2.00 ACRES Ik
>t
BRICK HOUSE
CARPORT
"STING ORIVEWAY
{r u
LI
12' IRON ROD
X = 704.3S/.04'
Y - 732.226.57'
SECTION 23
BLOCK A
J.H. GIBSON
SURVEY, A-/9
gfc.OF..T
pro- * oyN
....:.......................:....
JOHNLEGERE
............................
6698
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SURV
GERALD
SCHULTE, ET UX
TRACT 2
VOL 575s, M 112
O.R. P.RLC.T.
(5301 E. ERSKINE ST.
LUBBOCK. TX 79403)
lr2'IRON
ROD WICAP
X • iW.H9.8Y
Y a ]32.a232Y
X = 70a." 69'
Y - 7322nOS'
NOTES
P.O.B.
Irr IRON ROD
X - 704.657.er
Y = 732.419.W
�I
as
PROPOSED
TOWER LOCATION
(SEE DETAIL)
GERALD
SCHULTE, ET UX
TRACT 1
VOL 5750, PG. 112
O.R.P.RLC.T.
(5309 E. ERSKINE ST.
LUBBOCK, TX 79103)
1R' IRON R00
X - 701,551.35
Y • 732.218.66
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LINE TABLE
Uns
8--ring
ol. n
L1
S0l'Sa46•W
201.3a
L2
N8r 31r arW
10839-
L3
N86•oS St.W
108.70,
Le
N e9. OF 24• W
211.73'
L5
NO1. 5748'E
199.72'
L9
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326.8V
L7
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10S.2a
U
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40.43:
L9
S01•46.59'W
25.99
L70
S 02' 21' 52' W
10.01y
1.11
1487.11V40'W
10.w
L12
NO2. 21'5rE
I f0.0a
L13
S87.3 orE
I f0.0a
/ L13
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/
1
I
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1 H
1
1\
L11
\� PROPOSED
j
\TOWER LOCATION
/
\� 10.002 ACRES)
DETAIL:
Bola: r • 10'
EXHIBIT SHOWING A
2.00 ACRES LEASE
RISE BROADBAND
UPON THE PROPERTY OF
GERALD SCHULTE, ET UX
SITUATED IN
SECTION 26. BLOCK A
W.G. NAIRN SURVEY, A-837
LUBBOCK COUNTY. TEXAS