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Home My WebLink AboutOrdinance - 10011-1997 - Zone Case 2573-B Zoning Change R-1 To R-1 Specific Use Communications Tower - 08/28/1997First Reading Item #36 August 28> 1997 ORDINANCE NO. 10011 Second Reading Item //18 September 11, 1997 ------- AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2573-B; A ZONING CHANGE FROM R-1 TO R-1 SPECIFIC USE ZONING FOR A COMMUNICATIONS TOWER ON A TRACT OF LAND OUT OF TRACT 1, SECTION 1, BLOCK JS, LUBBOCK, TEXAS; PROVIDING A PENAL TY; 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 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 compiled 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 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 Ordinances and this Ordinance having been introduced prior to first reading hereof; NOW THEREFORE: BE IT ORDAINED BY TIIE CITY COUNCIL OF THE CITY OF LUBBOCK: ZONE CASE NO. 2573-B 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 R-1 to R-1 Specific Use Zoning for a communications tower on a tract ofland out of Tract 1, Section 1, Block JS, City of Lubbock, Lubbock County, Texas, subject to the following conditions, and being further described as follows: METES AND BOUNDS DESCRIPTION of a 2500 square foot tract of land located in Section 1, Block JS, Lubbock County, Texas, being further described as follows: BEGINNING at a point which bears South a distance of 3436.84 feet and West a distance of 45.53 feet from the Northeast comer of Section 1, Block JS, Lubbock County, Texas and also bear N. 53°03'50" East a distance of 1215.00 feet from the Southwest comer of that 222.673 acre tract surveyed May 11, 1984 by Hugo Reed and Associates; THENCE South 53°03'50" West, along the Northwest right-of-way line of Loop 289, a distance of 50.00 feet; THENCE North 36°56' 10" West a distance of 50.00 feet; TIIENCE North 53°03'50" East a distance of 50.00 feet; THENCE South 36°56'10" East a distance of 50.00 feet to the Point of Beginning. SUBJECT TO THE FOLLOWING CONDITIONS: 1. That the 180' tower is to be engineered to facilitate co-location of a minimum of two users. 2. That a monopole structure is required. 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 revert back to the previous zoning classification, which in this case is the C-3 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 tract of land out of Tract 1, Section 1, Block JS, 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. Zone Case No. 2S73-B Page -2- SECTION 4. TIIAT 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. TIIAT 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 28th day of August 1997. Passed by the City Council on second reading this llthday of September, 1997. ATTEST:· ·~~ a~l, City Secretary APPROVED AS TO FORM: r----_._ ~ c>' C'""✓-~ Linda L. Chamales, Supervising Attorney, Office Practice Section LLC:dk.lZC2573.0RD ccdocs/August 14, 1997 Zone Case No. 2573-B Page-3- ·'· Ii I I I I i I ,. ·-- THE STATE OF TEXAS COUNTY OF LUBBOCK Before m.,_ ___ ....,....,_<-=•--ff--;-__.__.uo!"'i-'1 No ary Puhl' · and for Lubbock County, Texas on this day personally appeared.--l,;!l:.Ql,4,l!loC!l.!___.t=:µJ~_,_,J...t'-U,(llll1t!,j::_.,.!j:.J4.L..L.!.~~of the Southwestern Newspa- pers Corporation, publishers of the Lub k Avalanche-Journal -Morning, and Sunday, who being by me duly sworn did depose and say that s id new PBPE1; h ~ been published continuously for more than fifty-two weeks pri- or to the first insertion of this ...ce.t;4.f.--'-IIJ~,h'-'c"-':-~7Ir----------------~ t Lubbock County, Texas and the attached print- ed copy of the........i,,,,~Lf.---------:.:il'---'' py of the original and was printed in the Lubbock alanche,Journal on the following dates: "'5,;!~.L.....L.,,,,_,.',1-q~4:..--:!,-,----:::--:=----------- · Communication Corporation RECEIVED Su~lll:ibed and sworn to tt' 8 0 1997 "-----'~'----S..,, __ ,dayof CITY Sl:Cui:·· ,u Lua~·~ FOR!\.,· I i ~ I THE STATE OF TEXAS Before we l.' Y. · a Notary Pqblic; in and for Lubbock County, Texas on this day COUNTY OF LUBBOCK /j -~ ~ ~~ personally appeared Pt'll'l .J {,;-aj ~ lr/:lwrle .::>et.!£5 . ~ I of the Southw~stern Newspa- pers Corporation, publishers of the Lubbock Avalanche-Journal -Morning, and Sunday, who bemg by me duly sworn did depose and say that s id newspaper h ~ been published continuously for more than fifty-two weeks pri- or to the first insertion of this _-,:.!:..!ii!1fi.J~----'Ull!J~::-""-lc-----------------------/o 15 -tJta 7 at Lubbock County, Texas and the attached print- ed copy of thLe.-_.c~~~------___,,..-.....-,.· s a true co of the ori al and was printed in the Lubbock Av nche-Journal on the following dates: q 1 LUBBOCK AVALANCHE-JOURNAL Morris Communication Corporation Subscribed and sworn to before me this FORl\158-10 i"' t OADJNARCEfCCIHffll ' t' AN ORDtNANC:I!! AME.NDING ·. ZONING< dR'.Q. lflMll;ll MO. 1084 AND 11ft O~N:!1"At,. MAP OF !, THE CITY OF LUBBOCK MAK• ' I. N G T H E F O L LO W I N G t. CHANGES; ZONE CASE NO. l:123,-! F;AZONINGCHANGEFROMC•3 w::iFIC USE ZONING FOR A t COMMUNICATIONS TOWER ON • A PORTION OF LAND OUT OF 'It LOT B, SCIENC.& SPECTRUM ADDITION, t.USBOCK, TEXAS $UBJE!CT TO CONDITIONS; PROVIDING A PENALTY; PRO- VIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICA· TION. SECTION 3. THAT vlolalion of any 1>nivlslons of this Ordfnc,nce sl'lall be deemed a misdemeanor PUnlSII• aDle bv e fine not to ll!CH<I Two Thousond a,d NG/Im 1$2.000.00l m provided In Section 29-31 ot the Zon· lrlll'. Ordlnonc• al 1h11 .City of Lub• bOClc.ORDINANCE NO. WOll AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 , AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAK• INGTHl;FOLLOWING, CHANGES; Z:ONE CASE NO. 2573-I B; A ZONING CHANGE FROM R• i 1 TO R-1 SPECIFIC use ZONING 1' FOR A COMMUNICATION.II TOW· , ER ON A TRACT O): LAND OUT • OF TRACT 1, SECTION 1, BLOCK 1 JS, LUBBOCK, TEXAS; PROVLD· ! ll'IGA PENALTY; PROVIDING A; SAVINGS CLAUSE AND PROVIO· ' ING FOR PUBLl!:ATION. ORQINANCE NO. 10012 AN ORDINANCE AMENDING ZONING OR"OINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAK• INGTHEFOLLOWING CHANGES.; ZONE CASE NO. 26511-D; A , ZONING CHANGE FROM C-3 AND C·l SPE.CIFIC USE TO AM FOR AN ASSISTED LIVING'CEN• TER ON A PORTION OF LANO OUT OF TRACT A. MONTEREY CENTER ADDITION, LUBBOCK, Tl;XAS; PROVIDING A PENAL· ' TY; PROV IOI NG A SAVINGS CLAUSE AND PROVIDING FOR I PUBLICATION. , SECTION 2. THAT v!olallon Of anv t, Pl'OIIISlons of this Onlinonce sholl f be d•med o misdemeanor PUnlSh-1 able by a fillll not fo al!Ceed Two 1 n,ousond ond No/100 Dollars , (S2,000.00l as provided In Section 2941 af Ille z:otoin110rdlnanceoflhe CIIY of Lubbock. ORDINANCE NO; 10013 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAK· INGTHEFOLLOWING CHANGES; ZONE CASE NO. ~1-J; A ZONING CHANGE FROM C-3 TO C..C ZONING LIMITED TO A· RESALE DEPARTMENT STORE ON LOT C-1 AND THE WEST 50 FEET OF LOT 0, BRIERCROFT ADDITION, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY: l'RO-WCl,,IIG,'#,,lAVIN04 Cl.AU&E ~~ROVll.ll,'!'G F?RtU8LICA·. '•·(".'<,'"'4 SECTION 2. THAT~lolallon of any ' Pro"'•lomi Of this Ord!-lholl l be deemed o ~-IIUIIISh• ,. able by o fine not lo exceed Two f Tl'lousand ond Nall.GO Dollars ,, (12,000.001 as provided in section 1 29-31 af Iha Zo,,lllfl Ordinance of the i City of Lubbc>ck. r !, ORDINANCE NO. 10014 · AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAK- , INGTHEFOLLOWING l: CHANGES; ZONE CASE NO, 2198; i 1, A ZONING CHAIIIGE f"ROM IHC ' I TO IHI ZONING ON A PORTION 11: OF·LANDOUTOF BLOCK 3, MIL• · TON ADDITION, LUBBOCK, TEXAS; PROVIDING A PENAL• TY; PROVIDING A SAVINGS CLAUSE ANO PROVIDING FOR. PUBLICATION. SECTION 2. THAT violation of any PnMSlonl of lh!t Ordinance Shall be deemed o misdemeanor PUnbt,.. able by a fine not to exceed Two , Thousand and Nofl00 Dolhna (tt.000.001 n !ll'OVldad In Section 29-31 of the ZCmno~of the Clfy Df Lubtloclt, •n6l