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Home My WebLink AboutOrdinance - 2019-O0157 - Zone Case 3400 - 11/05/2019 First Reading Second Reading October 22, 2019 November 5, 2019 Item No. 7.5 Item No. 7.6 ORDINANCE NO. ?019-()0157 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 3400; A ZONING CHANGE TO C-3 SPECIFIC USE FOR A TELECOMMUNICATION TOWER, FROM C-3, AT 6424 4TH STREET, LOCATED ON THE NORTHEAST CORNER OF 4TH STREET AND MILWAUKEE AVENUE, ON 8.269 ACRES OF UNPLATTED LAND OUT OF BLOCK JS, SECTION 2, LUBBOCK, TEXAS; SUBJECT TO REQUIREMENTS; 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.3400 SECTION 1. THAT Ordinance No. 7084 and the Official Zoning Map are amended as follows: A change of zoning under provisions of Section 40.01.005 of the Code of Ordinances of the City of Lubbock to C-3 Specific Use for a telecommunications tower from C-3 at 6424 4th street, located on the northeast corner of 4th street and Milwaukee Avenue, on 8.269 acres of unplatted land out of Block JS, Section 2, City of Lubbock, Lubbock County, Texas, subject to requirements, and being further described as follows: METES AND BOUNDS DESCRIPTION: Attached as Exhibit"A". SUBJECT TO THE FOLLOWING REQUIREMENTS: 1. THAT a six foot masonry screening fence be installed and permanently maintained. 2. THAT an undated letter certifying the engineering of the structure be provided. 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 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 40.03.3101- 40.03.3103 of Codified Zoning Ordinance No. 7084 on the property described as 6424 411' street, located on the northeast corner of 411' street and Milwaukee Avenue, on 8.269 acres of unplatted land out of Block ,IS, Section 2, 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 Actobei.22,2019 Passed by the City Council on second reading on Nwleimber � Q019 DANIEL M. 'E, MAYOR Zone Case No. 3= 00 page - 2 of 3 ATTEST: 0,0 �jor-,,, , ReU ca C'Jarza, City Secr tar APPROVED AS TO CONTENT: Bryan Isham, Director of Planning APPROVED AS TO FORM: I elli Leisure, Assistant City Attorney vw/C ityAtt/Kel I i/7.oncs/7C300 October 29,2019 Zone Case No. 3=00 page - 3 of') Hot-ia-KANAK & AssaciArgs, /NC, Firm License PROFESSIONAL LAND SURVEYORS, NO. 10140200 Lessee Lease Area TXLU Shadowhills Field notes for a 0.0574 of an acre lease area out of a called 8.269 acre tract of land in deed to Sorelle Partners IV, LP recorded in Document No. 2014038419 Official Public Records Lubbock County, Texas (OPRLCT), situated in Section 2, Block JS, 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%"iron bar(N 7280096.90, E 916612.14)with cap (HR Associates) marking the northeast corner of said 8.269 acre tract and an interior corner of The Plains National Bank of Lubbock (TPNBL) tract of land recorded in Volume 4188, Page 174 OPRLCT, being S 88°08'53'E(Bearing Basis), 604.95 feet(called S 88° 08'44"E, 605.07 feet), from a found%"iron bar(N 7280116.45, E 916007.50) with cap (HR Associates)lying on the north fine of said 8.269 acre tract, the east line of Milwaukee Avenue (100'RO W, Volume 1290, Page 733 Deed Records Lubbock County, Texas(DRLCT)) and marking the upper southwest corner of said TPNBL tract, and a found%"iron bar with cap (RPLS 4460)lying on the east line of said 8.269 acre tract, the north line of 4th Street(100'ROW, Volume 633, Page 611 DRLCT), marking the lower southwest corner of said TPNBL tract bears S 01'51'07"W, 500.20 feet(called S 01'50'22"W, 500.18 feet); Thence:S 46°51'01"W, 28.28 feet, into said 8.269 acre tract, to a set%"iron bar with cap (Solis-Kanak) for the northeast corner and the Place of Beginning of the herein described lease area; Thence: S 01°51'07"W, 50.00 feet, along the east line of the herein described lease area, to a set%" iron bar with cap(Solis-Kanak)for the southeast corner of the herein described lease area; Thence:N 880 06'53"W, 50.00 feet, along the south line of the herein described lease area, to a set%" iron bar with cap(Solis-Kanak)for the southwest corner of the herein described lease area; Thence:N 01'51'07"E, 50.00 feet, along the west fine of the herein described lease area, to a set z" iron bar with cap (Solis-Kanak)for the northwest corner of the herein described lease area; Thence: S 88°06'53"E. 50.00 feet, along the north line of the herein described lease area, 10 the Place of Be inning and containing 0.0574 of an acre of lease area more or less. OF.. Clinton L. Kanak, R.P.L. Registered Professional Land Surveyor, No, 4499 .......................... Date December 28, 2016 CLINTON L. KANAK G.Uobs2016116-0141{Lease Area A.doc 4499 ....•'•" tq•owe Page 1 of 9 17500 FM 306 ♦ P 0 Box 1773*Canyon Lake, Texas 78133 ♦ (830)935-4011 ♦ Fax(830)935-4012 .a 3' � •1 / '.fir�y��■� �' L x ( fitG It I Nu r alu' R if st C �� Y1 P a.Y .y ,qr/- � �£� `♦♦.moi � � f 5 k r �,. M':.il'�. � �_� }> �� • E S ,t� c•11 Y,��"'- .an'n'✓y y t{` � 4 ^� r��• art a a Yt. 1�p�Y ' w• n^ j �� ; �- Ta lea 4 afi' rya. • '1` �`�n �ill✓r'1 VA k j 151 • f` yf'�• 1yj P '" 17 CAAM ; 7 � :9��!i., :� �f�*'C �� .'�j•1}ti �' �f. $'�� `j�� '0�4r $ p�a� � '_y�c_u r�' �p,(� � �p to At a' "k" fV lag �n�. �� ,aHq Wit; � t '. ,5� r=•_