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HomeMy WebLinkAboutOrdinance - 9897-1996 - Zone Case 2786 Zone Change C-3 To C-3 Specific Use Radio Transmission Tower - 04/18/1996First Reading April 18, 1996 Item#23 Second Reading May 9, 1996 .Item #28 ORDINANCE NO. _9_8-97 __ _ AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2768; A ZONING CHANGE FROM C-3 TO C-3 SPECIFIC USE ZONING FOR A RADIO TRANSMISSION FACILITY ON A PORTION OF TRACT U-2-A-l, GREENLAWN ADDITION, LUBBOCK, TEXAS; PROVIDING A PENALTY; 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. 2768 SECTION L 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 C-3 to C-3 Specific Use for a radio transmission facility on a portion of Tract U-2-A-l, Greenlawn Addition, City of Lubbock, Lubbock County, Texas, located South of 19th Street and West of Elmwood Avenue, and being further described as follows: METES AND BOUNDS DESCRIPTION of a 50' x 50' tract of land out of Tract U-2-A-l, a replat of Tract U-2-A, a replat of Tracts U-1 & U-2, a replat of Tract U, Greenlawn Addition to the City of Lubbock, Lubbock County, Texas, according to that certain Dedication Deed recorded in Volwne 3490, Page 346 of the Deed Records of Lubbock County, Texas, and said 50' x 50' tract of land being further described as follows: BEGINNING at a 1/2" iron rod found at the Southwest comer of said Tract U-2-A-l, same being the Southwest comer of this tract ofland; THENCE N. 00°05'0011 E., a distance of 50.00 feet along the West line of said Tract U-2-A-l, same being the East line of Tract U-1-A of said Greenlawn Addition, according to that certain Special Warranty Deed recorded in Volwne 4025, Page 202 of the Real Property Records of Lubbock County, Texas, to a 1/2" iron rod with a cap stamped "KEYS R.P.L.S. 2507", set at the Northwest comer of this tract of land, from whence a 1/2" iron rod, found at a comer of said Tract U-2-A-1 bears N. 00°05'00" E., a distance of 108.90 feet; THENCE East, a distance of 50.00 feet to a 1/2" iron rod with a cap stamped "KEYS R.P.L.S. 2507", set at the Northeast comer of this tract ofland; THENCE S. 00°05'00" W., at 30.00 feet pass a 1/211 iron rod with a cap stamped "KEYS R.P.L.S. 2507", set, continuing for a total distance of 50.00 feet to a 1/2" iron rod with a cap stamped "KEYS R.P.L.S. 2507", set at the Southeast comer of this tract of land, from whence a 1/2" iron rod with a cap stamped "H.R. & ASSOC. R.P.S. 1676", found at the Southeast comer of said Tract U-2-A-1 bears East, a distance of294.54 feet; THENCE West, a distance of 50.00 feet along the North line of a 20.00 foot wide alley, dedicated in Volwne 1889, Page 139 of the Deed Records of Lubbock County, Texas, to the POINT OF BEGINNING. 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 portion of Tract U-2-A-1, Greenlawn 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. ZONE CASE NO. 2768 -PAGE 2-- ,, 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 ~1..,..8 t.....,h...__ __ day of _ __,_A"""p-=-r=il=-----• 1996. Passed by the City Council on second reading this day of May , 1996. ATTEST: b.#~ecremry APPROVED AS TO FORM: -~ • _,,.-·:: / ,:? -~ _,e_ c;;.Y'c.. ~~ ~-· Linda L. Chamales, Assistant City Attorney LLC:js/ZC-2768.0RD ccdocs/April 4, 1996 ZONE CASE NO. 2768 --PAGE 3- NOTA PUBLIC in and for the State of Texas My Commission Expires .................. ___ _ MAY 151996 CITY SECRETAHV LUBBOCK. TEXAS penoltYI 11rovldln11 o aovlngs 3 ~ . ctouse 11nd provldlftll _tor pUbllca• tl to before me thi .... s ___ ~ __ _...day of ~LLV\. e t1on. SECT ION 3. TH AT vlolollOn of a~ rov1s1on1 of this Ordinance 111"' :e deemed a mlsdemeo-i,unlsh• ob1e bV O fine not to •xceed TwO Thousand and NollOO oollacs IS2.000,00l as. provided In Section 29-31 of the Zonlnll 0n11nonce of the CHY of Lubt,odc., ORDINANCE ~0.9895 ORDINANCE No.,m An Otdlnonce omer,dlna Zanlno Or• ; dlnanat No. 1084 ond the olllclal ,nap of the Clfv of Lubboclt maklll!I the followl1111 .chonees: Zone case No, 2111-A; a zoning change from ll•l to C-4 zoning on LOI• 1-6, Oel Prado Addition, LubbOck, Te,cos; suble<:1 to conditions; providing a pena!lvi providing a ,avlngs . clause and provldln11 for 11Ubllca• .11on, SECTION 2, THAT violation of any !,rovtslons al this Ordinance Shall 1rbe deemed a mltdemeo-i,unlsh• . able bv c, fine not to exceed Two IThonand ond 1101100 Oollor1 :,($2.000.00) Ill provided In S.c:tion 29-31 of the Zanln11 Ordlnonce or the iCltv of Lubbock. IR-3206 OIIDfHAHCE NO.tffi SECTION 3. 'niAT vlolalforl :c:;"•lons of 1h11 Ordinonct~;;~. eemec1 o misdemeanor PUnlsh-obfe bv o fine nol to e,u:eec:1 T ~t«:,:;;g;,c1 °n.d NotlOO Oollo~:; 29 ' • as P,ovldecl In Section ,.ft-.11 of the Zoning __ Ordlnan~e a, .... -.. Y Of Lubllocl{. · ""'