HomeMy WebLinkAboutOrdinance - 9164-1988 - Amending Zoning Ordinance 7084 Zone Case 2612 Microwave Tower - 01/28/1988BLL:js
First Reading
January 28 , 1988
Item #14
Second Reading
February 11, 1988
Item #6
ORDINANCE NO. 9164
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP
OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2612; A
ZONING CHANGE FROM T TO R-1 SPECIFIC USE PERMIT FOR A MICROWAVE TOWER ON A
TRACT OUT OF SECTION 3, BLOCK D-6, LUBBOCK, TEXAS; PROVIDING A PENALTY; PRO-
VIDING 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 finds 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 amend-
ment to the Zoning Ordinance and Map have been fully complied with, as well
as giving notices in compliance with Section 29-29 of the Code of Ordi-
nances, City of Lubbock, Texas, as well as notices provided by Section
211.007(c), Texas Local Government Code, 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 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. 2612
SECTION 1. THAT Ordinance No. 7084 and the Official Zoning Map BE and
the same are hereby amended as follows, to-wit:
A change of zoning from T to R-1 Specific Use Permit, under provisions
of Section 29-24(c)(10} .of the Code of Ordinances of the City of
Lubbock for a microwave tower, on a tract out of Section 3, Block D-6,
City of Lubbock, Lubbock County, Texas, located South of 4th Street,
approximately 1336 feet East of Quitsna Avenue and being further de-
scribed as follows:
METES AND BOUNDS DESCRIPTION of a 1.000 acre tract of land located in
Section 3, Block D-6, H. E. & W. T. R. R. Co. Survey, lubbock County,
Texas, being further described as follows:
BEGINNING at a set 60-penny nail with shiner in the North line of Sec-
tion 3 for the Northeast corner of this tract, said nail bears N.
89°53' E., a distance of 1336.13 feet from the Northwest corner of
Section 3, Block D-6, lubbock County, Texas;
THENCE S. 00°09'03" E., at a distance of 50.00 feet pass a set 1/2"
iron rod with cap, continuing for a total distance of 20B.71 feet to a
set 1/2" iron rod with cap;
THENCE S. 89°53'00" W. a distance of 208.71 feet to a set 1/2" iron
rod with cap;
THENCE N. 00°09'30" W., at a distance of 158.71 feet pass a set 1/2"
iron rod with cap, continuing for a total distance of 208.71 feet to a
60-penny nail with shiner set in the North line of Section 3 for the
Northwest corner of this tract;
THENCE N. 89°53'00" E., along the North line of Section 3, a distance
of 208.71 feet to the POINT OF BEGINNING.
SECTION 2. THAT the Codes Administrator of the City of lubbock is au-
thorized to issue a Specific Use Permit to the Applicant in said Zone Case
in accordance with the conditions imposed by the City Council, provided said
applicant agrees to be bound by the terms of the Specific Use Permit, the
granting of which is hereby made subject to compliance to all provisions of
Zoning Ordinance No. 7084, as amended, including particularly, but not lim-
ited to, Section 29-24 of the Codified Zoning Ordinance, which provides that
a Specific Use Permit and 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 re-
version occurs, the Codes Administrator is directed to remove from the Zon-
ing Map the legend indicating such specific use. The Specific Use autho-
rized by this Ordinance is permitted under provision ofSection 29-24(c)(10)
of Codified Zoning Ordinance No. 7084 on the property described as a tract
out of Section 3, Block D-6, 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 One Thousand and
No/100 Dollars ($1,000.00) as provided in Section 29-31 of the Zoning Ordi-
nance of the City of Lubbock.
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SECTION 4. THAT should any paragraph, sentence, clause, phrase or
word of this Ordinance be declared unconstitutional or invalid for any rea-
son, the remainder of this Ordinance shall not be affected thereby.
SECTION 5. THAT the City Secretary is hereby authorized to cause pub-
lication Of the descriptive caption of this Ordinance as an alternative
method provided by law.
AND IT IS SO ORDERED.
Passed by City Council on first reading this 28th day of .January
1988.
Passed by City Council on second reading this 11th day of February
1988.
~~. McMINN, MAYOR
APPROVED AS TO CONTENT:
APPROVED AS TO FORM:
'/t~~ Benjamin L~ant City
Attorney
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I
THE STATE OF TEXAS
COUNTY OF LUBBOCK . R-127
Before me Erencet 'H&rnendez a Notary Public in and for Lubbock County. Texas on this day
personally appeared Twl Ia Au fill r A ceo ant Manel!e r of the Southwestern Newspa-
pers Corporation, publishers of the Lubbock Avalanche-Journal -Morning. Evening and Sunday, who
being by me duly sworn did depose and say that said newspaper has been published continuously for more
than fifty-two weeks prior to the first ins~rtiou .9f this __ ... L131t._.r!iiiJALIL....;NI1Ko..Jit._.lt.11Cul.__ ________ _
--------::---:---:::---::-::--:::-:--No. U%5881 at Lubbock County, Texas and the attached print-
ed copy of the Lilli I Not lee is a tr1.1..e copy of the o.rigi!1ill and.)!ta..s_printed in the Lubbock Avalanch~·Jqurnal og the follqwine: dates: f"ebruerr 1Jit Z.Ot •Ytns ~3o •ora• • .ee = 8290,40
Account Manal!er
LUBBOCK AVALANCHE-JOURNAL
Southwestern Newspapers Corporation
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tHI!. CI.TY OF LUB EX,
AS, BY ADDING 1'0 CHAPT~ 7
(4. NEW ARTICLE· IV 'I?ERTAIN-ING TO AS$LGNMEKT PAY ~OR tellT41N MEMBER$ Q)' THE
FIRE OEPARTME.NT; Ji'ROVIQ.
lNG A SAVINGS CL:AUSEy;ANO
PROVIDING' FOR,PUBLICA· TION: .... ;. ' . . . ....
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. ORDINANCE #916'
FRANCES HEWI\NDEZ
Not an.· rt..tJ,(, ~ t . .Jte of Texas
My Com•m"S<on Expires 7·6·91