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Home My WebLink AboutOrdinance - 9998-1997 - Zone Case 2795 Zoning Change IHC To IHC Specific Use Cellular Phone Tower. - 06/26/1997First Reading Item #23 June 26, 1997 ORDINANCE NO. 9998 Second Reading Item #15 August 14, 1997 ----- AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2795; A ZONING CHANGE FROM me TO me SPECIFIC USE ZONING FOR A CELLULAR PHONE TOWER ON A PORTION OF WTS 9, 10 AND 11, BLOCK 1, LYNDALE ACRES ADDITION, LUBBOCK, . TEXAS; PROVIDING A PENALTY; SUBJECT TO CONDITIONS; PROVIDING A SA VINOS 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 fmds 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 29-29 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 the proposed amendment, and the public hearing according to said notice, was duly 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 determined by the City Council 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. 2795 SECTION 1. THAT Ordinance No. 7084 and the Official Zoning Map are amended as follows: A change of zoning under the provisions of Section 29-24(c)(10) of the Code of Ordinances of the City of Lubbock from to Specific Use for a Cellular Pbone Tower, on a portion of Lots 9, 10 and 11, Block 1, Lyndale Acres Addition, City of Lubbock, Lubbock County, Texas, located at 5001 Interstate 27, subject to conditions and being further described as follows: METES AND BOUNDS description of a 0.057 acre tract of land out of Lots 9 and 10, Block 1 of the Replat of Block 1, Lyndale Acres ZONE CASE NO. 279S --PAGE 1- Addition, an addition to the City of Lubbock, Lubbock County, Texas, according to the recorded map or plat thereof, a record m Volume 493, Page 529 of the Deed Records of Lubbock County, Texas, and being out of that tract of land described in that certain Warranty Deed recorded in Volume 1611, Page 823 of the Deed Records of Lubbock County, Texas, and said 0.057 acre tract of land being described by metes and bounds as follows: BEGINNING at a 1h inch iron pipe, found at the Southeast comer of said Lot 9 and same being the Southeast comer of this tract of land; THENCE North 89°58100" West, 50.00 feet aloni the south line of said Lot 9 to a 1h inch iron rod with a cap stamped "KEYS R.P .L.S. 2507", set at the Southwest comer of this tract of land, from whence a railroad spike, found at the intersection of the south line of said Lot 9 and the East Right-of-Way of Interstate Highway No. 27, as monumented on the ground, bears North 89°58100" West, 195.52 feet; THENCE North 00°07100" East, 50.00 feet to a 1h inch iron rod with a cap stamped "KEYS R.P.L.S. 2507", set a the Northwest comer of this tract of land; THENCE South 89°58'00" East, 50.00 feet to a ½ inch iron rod with a cap stamped "KEYS R.P.L.S. 2507", set at the Northeast comer of this tract of land, from whence a 1h inch iron rod with a cap stamped "KEYS R.P .L.S. 2507", set at the Northeast comer of said Lot 12 bears North 00°0710011 East, 50.00 feet; THENCE South 00°07100" West, 50.00 feet along the West Right- of-Way line of a 20 foot wide alley as shown on said plat of the Replat of Block 1, Lyndale Acres Addition, to the POINT OF BEGINNING. SUBJECT TO THE FOLLOWING CONDITIONS: 1. The tower be engineered to facilitate co-location of at least two users. 2. That the proponent be allowed to increase the height of the monopole to 180 feet if needed to facilitate co-location by a second user. 3. All unconditionally permitted IHC uses be permitted. SECTION 2. THAT the granting of this·specific use zoning is hereby made subject to compliance to all provisions of Zoning Ordinance No. 7084, as amended, including particularly, but not limited to, Section 29-24 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 ZONE CASE NO. 2795 -PAGE2- revert back to the previous zoning classification, which in this case is the me 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 29-24(c)(10) of Codified Zoning Ordinance No. 7084 on the property described as a portion of Lots 9, 10 and 11, Block 1, Lyndale Acres Addition, City of Lubbock, Lubbock County, Texas. SECTION 3. THAT violation of any provisions of this Ordinance shall be deemed a misdemeanor punishable by a fine not to exceed Two Thousand and No/100 Dollars ($2,000.00) as provided in Section 29-31 of the Zoning Ordinance of the City of Lubbock. SECTION 4. THAT should any paragraph, sentence, clause, phrase or word of this Ordinance be declared unconstitutional or invalid for any reason, the remainder of this Ordinance shall not be affected thereby. SECTION 5. THAT the City Secretary is hereby authorized to cause publication of the descriptive caption of this Ordinance as an alternative method provided by law. AND IT IS SO ORDERED. Passed by the City Council on first reading this 26th Passed by the City Council on second reading this 14th APPROVED AS TO FORM: :~=-~-~ ~ c¼ .. -~ Linda L. Chamales, Supervising Attorney. Office Practice Section LLC:dk/ZC279S.ORD ccdocs/Iune 17, 1997 ZONE CASE NO. 2795 -PAGE3- day of June day of August , 1997. , 1997. opy of the,-1-w:.:::fl'%.J~--------....,..,,..-c=---- lanche-JoU:rn~l on the following dates:_..:;L.1!:...L...!!::::....s~..::....:....,,c_..:=:.,.,...,.---"'-.L.ll!:-:c:,,....r-....z....-------- LUBBOCK AVALANCHE-JOURNAL Morris CommunicationCorporation Subscribed and sworn to before me tJiis_-:......._')~ __ ..... day of FOR!\laS-10 ~IU?1118t:IIH1&, I ----··-wrrH PINAi.ff ORDIN • AN OROl,I l.ZONING OR J,AND THII! He CITY AKING: NGEft 1AZONt :IC•2A TO, . use (ZONING FOR A VBTEIUNARY ,CLINIC ON LOTS411, '412 AND 41:1. rALFORO TERRACE AOOITION, :LUBBOCIC, TEXAS; SUBJECT TO .'.CONDITION$; PROVIDING A E ENALTY1 PROVIDINQ A SAY• NG$ CLAUSE AND PROVIDING OR PUBLICATION. ~ECTION 3. THAT Ylelatlon Of any ""°vision of thlt Ordinance aholl be deemed o mlsdemtonor PUnlshable by a fine not to exceed Two Tllou- 11and and Na,'JOO Oalkll'I ($2,000.c)Q) DS P<Ovlde<I In section tt-31 of the 0 Zonln11 Ordinance of the C:ltv of il-Ubbcck. ( AN o~~~N::~: :t~9:.8DING !.ZONING ORDINANCE NO. 70lU ','AND THE OFFICIAL MAP OF 1. fTHE CITY OF I.UBBOCK MAK•, INGTHEFOLLOWING l CHANGES: ZONE CASE N02795: t A ZONING CHANGE FROM IHC ' TO IHC SPECIFIC use ZONING ·FORA CELLULAR PHONE TOW-: · GR ON A PORTION OF LOTH, 10 ,,AND 11, BLOCK l, L YNOALE ACRES ADDITION, LUBBOCK, TEXAS; PROVIOUIG A F!ENAL• . TY1 SUBJECT TO CONDITI01<1S1 PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR P UBLICA-TION. '·oRolNAN'iteNo.ffl, AN QRDINANCE AMENDING A ZONING ORDINANCE NO. 708' ANC,.THE OFFICIAi. MAP OF THE CITY OF LUBBOCK MAK· •I N G T H E F O L LOW I N G · CHANGES: ZONE CASE NO. 27961 A ZONING CHANGE FROM C• TO C•A SPECIFIC USE ZONING . FOR A CELLULAR PHONE TOW• ER ON A PORTION OF THE EAST J.7 FEET OF LOT'-, BLOCK 1, SIMPSON RHYNE QUIRT AD- DITION, LUBBOCK, TEXAS; PROVIDING A PENALTY; SUB- JECTTOCONDITIONS; PROVID- ING A SAVINGS CLAUSE ANQ "PROVIDING F.OR PUB'-fCA• TION. . SECTION 3. THAT vlolollon el onv ptQvlslonof this Ordinance sholl.be deemed a misdemeanor P11nl1hd>le bv a fine not to exceed T-Thou• 110nd and No/100 OOlldf"I ($2,000.00) as provided In Section 29-31 of the zonlno Ordinance of lhe City of Lubbaek. 'ORDINANCE NO. 10000 AN ORDINANCE AMENDING ZONING ORDINANCE' NO. 708.( AND THE OFFICIAL MAP OF THE CITY OF LU£1£10CK MAK• INGTHEFOLLOWING CHANGES: ZONE CASE NO. 1875- R; A ZONING CHANGE FROM C-4 TO C-.4 SPECIFIC ,use ZONING FOR A CELLULAR PHONE TOW• ER ON A PORTION OF LOT.5 USS'THcEAST 20RET, COM-1 MAttl)ERI AQtllTIOH, LU.II· BOCK, TEXAS~ $1J&JECT TO com:>1T10IU1 PROVIDING A PENALTY; PROVIDING A SAY• DIGS CLAUSE AND PRO\IIDING. FOR PU8LICATION SECTION 3. THAT ,rlolaflon of 01\\' pro-oflhisOrdlnanc:esholt i,,. d8fflld II mlsd-pUni\lttable bv a fine not to tE!ltld Two ThOu• · aand And No/100 Dollars ($2,000.00) OS provkled In Secilon 29-31 of the zoning Ordinance of the CttvofLubbock. , ORDINANCE Nd. 10001 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 708' AND THE OFFICIAL MAP OF THE.CITY OF LUBBOCK MAK• INGTHEFOLLOWING CHANGES: ZONE CASE NO. 2797; A ZONING CHANGER FROM C-3 TO C-3 SPECIFIC USE ZONING 'FOR A CELLULAR PHONE TOW• ER ON A PORTION OF BLOCK 12, : MADDOX ADDITION, LU&BOCK, ' TEXAS; SUBJECT TO CONDI• TIONS, PROVIDING A PENAL• TY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. SECTION 3. THA Ir violation of any ' provlllanS Of this Ordinance lholl be deemed a misdemeanor 11Unlsh-- oble bv a line not to exceed Two Tltouand ond No/100 Dollars I g~~:! :..::~:nc:~e:~:: '. CllvotLubbock. R392'1 THE STATE OF TEXAS COUNTY OF LUBijOCK . . Before me l II cl ·· i · i" l.7 ,, i ·, , a Notarl Public in and for Lubbock County, Texas on this day personally appeared t:/,.,,,,.-. (7'·:c · ~-; !e{d"r, c ·r,ls: '.. f,\qr oftheSouthwestemNewspa- pers Corporation, publishers of the Lubbock Avalanche-Journal -Morning, and Sunday, who being by me duly sworn did depose and say that said newspai:,>er has been published continuously for more than fifty-two weeks pri• or to the first insertion of this_.;.~_ .. ·-·'--1'J..;;..'"'-'l'-'N~,,""'f ..... 1_, .... c ______________________ _ _____________ __..o. , I· '· .. 11 ( :.> at Lubbock County, Texas and the attached print- ed copy of the I-~-· 9 (, \ . . is a true ~J>~ of the original and was printed in the Lubbock A'fQw.=dates:0 ,, ,,,., \{, \.\II Morris Communication Corporation Sub cri'R'Eeef\11:!Dre me this SEP 3 0 1997 FOR l li8•lll CITY SECAETAHY LUBBOCK. TEXAS d. C, dayo 19_q_7 __ NOTARY PUBLI in and for the State-of Texas My Commission Expires .................. ___ _ Morris Communication Corporation I 1 Subscribed and sworn to before me this, ___ ) __ day o.f .... _...a,S-..:;;~=,,p:z::.....;;...____,_,....,_,,,..Q .... mc...;;·;:;..,..._19 97 1 FORM'8-10 ~=..~ L w ataa-· ·-~ ------=~~~~"~~~~~~---------' Sl!CON~,!!ADlfHUl!!'.mA8CII ~ 1'ULKJ'!Q.~•iLll f ~INA AN ORt'i.1 Zl:WtffO AND THI! ING . l'DIA P OF ·THE CITY MAKINGTH&,_-:i!:, ... 0. :WlNG CHANGl:S: ZON ..__e NO. '1246-G; A ZONtNGCHAIICU!' ~ROM C-~ TO C·2A SPECIFIC USE ZONING FOR A VETERINl!\RY CLINIC ON LOTt.CJl, ,12AN~3, ALFORD TERRACE ADDITION, LUBBOCK, TEXA$; SUBJECT TO CONDITIONS; PRP.VIDING A 1PENALTY; PROVIDING A $AV• 'INGS CLAUSE ANO PROVIDING ; ! FOR PUBLICATION. · 4 SECTION,. THAT vlolatlon of any tJlf'OvlllOn Of fhll OrdlnancuhaU be ' dHmed a rnlldemtancr PVnlshClble bv a fine not to tia:eed Two Thou• 110nd and No/100 Dollars (Sl.000.00) as provided In Secttall 29-31 of ~ .. zoning Ordinance of the C It y of ; LUbbQck. . ' ORDINANCE NO. "98 1:~N?:8~NRi~~ilc~ENi~~~.:! CANO THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAK• ·ING THE FOLL 0 WI.NG CHANGES: ZONE CASE NO:t795: A ZONING CHANGE FROM IHC ;TO IHC SPECIFIC USE ZONING ;FOR A CELLULAR PHONE TOW•, i :: r, t ~<t~TJ~Ni~[ W1li.~ ACRES ADDITlQN, t.uaeoc;,c:. .TEXAS; PROVIDING A, P!;NAL,, TY; SUBJECT to CONDITIO,NS; PROVIDING A SAVlt.lGS.CLAU$E :AND PROVIDINGFORPUBllc:A- TION. SECTION 3. THAT violation ol 1111y 11111\llalOn of lhi• QrcUnance •hall be deemed a mlldeffllilnur PUnlshoble . by O !Ina nol IO DI:-T"'° Thou-1 and And No/100 Do Ila rt ($2.000,00) OS Pl'OVlded In Section· 29-31 of the Zoning Ordinance of the City of Lubbodc. . ORDINANCE NO, 10001 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBIIOCK MAK• INGTHEFOLLOWING CHANGES: ZONE CASE NO 2797• A ZONING CHANGER FROM d . TO C-3 SPECIFIC use ZONING FOR A CELLULAR PHONE TOW• ER ON A PORTION OF BLOCK 12, MADDOX ADDITION, LUBBOCK, TEXASJ SUBJECT TO CONDI· TIONS, PROVIDING A PENAL• TY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR ; PUBLICATION. . . , 1 SECT ION 3. TH AT VIOlollon of any Provisions of this Ordinance "1all lie deemed a misdemeanor P11nlsh• able bv o fine not to exceed Two Thouaond and No/100 Dollars 1:2.000.00) as l'l'OYlded ln Section ,1;!1 :,f :::;:10rdi11anca of ""' .. ORDINANQ!NO."" All qRDINANCE AMENDING A ZONtNG ORD1Ntil.MC1!! NO l'Da.t ANO.THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAK· INGTHEFOLLOWING CHANGES: ZONE CASE NO 2796· A ZONING CHANGE FROM C--4 . TO c-, SPECIFIC use ZONING I FOR A CELLULAR PHONE TOW • ER ON A PORTION oi; THE f EAST 47 FEET OF LOT4, BLOCK I, SIMPSON RHYNE QUIRT .AO- • D ITION, LUBBOCK, TEXAS• '.PROVIDING A PENALTY; sue'. 'JECT TO CONDmONs; PROVIO. 111NG A SAVINGS CLAUSE ANO ::f,~~~IDING FOR ~UBLICA• ';SECTION,. THAT violation of any lilrovlllon Oflhls Ordinance lholl be ,-. . .._, med o mlSdemtonot" 11unl1hoble ,,, a fine not to exceed Two Tho1r lkmd ard N0/100 Dollars ($2.000.00) ; ff provided In SKtlon 29-31 of the • Zoning Ordinance 01 the City of l,.ubbocl<. ORDINANCE NO. 10000 AN ORDINANCE AMENDING, ZONING ORDINANCE NO. 10 ... AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAK• I .N G T H E F O L L 0 W I N G CHANGES: ZONE CASE NO, 1815-Ri A ZONING CHAIIIG!! FROM C• 'TO C-4 SPECIFIC use ZONING E'CBA CELI..ULAR PHOI\IE TOW• !!ft' Ok A Ptm'hOfrOF LO'T s Less. THE EAST 20 FEET, CQM. MAN,DERSADDITION, LUB· B~t• TEXAS;.• SUBJECT.TO ~ll,uli1TIONS; PROVIDING A IHGS~r PRO'IIDtNO A $1.\I~ FOR Puei.':'J~2 PROVIDING __ ... ,,.