HomeMy WebLinkAboutOrdinance - 2017-O0126 - Amending Zoning Ordinance 7084. Zone Case 2565-D - 09/28/2017First Reading
September 28, 20 17
Item No. 7.4
ORDINANCE NO. 2017-00126
Second Reading
October 12, 2017
Item No. 7.3
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 2565~D; A ZONING CHANGE FROM A~2 TO A~2
i SPECIFIC USE FOR A 110' TELECOMMUNICATIONS TOWER, ON 0.2296
ACRES OF UNPLATTED LAND OUT OF BLOCK E, SECTION 5, LUBBOCK,
TEXAS; SUBJECT TO CONDITIONS; 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 \Vith 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. 2565-D
SECTION I. THAT Ordinance No. 7084 and the Official Zoning Map are
amended as follmvs:
A change of zoning under provlSlons of Section 40.01.005 of the Code of
Ordinances of the City of Lubbock from A-2 to A-2 Specific Use for a 110'
telecommunications tower on 0.2296 acres of unplatted land out of Block E,
Section 5, City of Lubbock, Lubbock County, Texas, located at ll02 701h Street,
subject to conditions, and being further described as follows:
METES AND BOUNDS DESCRIPTION: Attached as Exhibit "A".
SUBJECT TO THE FOLLOWING CONDITIONS:
1. THAT the monopole construction be tied to the site plan and
elevation.
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 A-2 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 1102
701h Street, 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 Noll 00 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
ofthe descriptive caption ofthis Ordinance as an alternative method provided by law.
AND IT IS SO ORDERED.
Passed by the City Council on first reading on September 28, 2017
Passed by the City Council on second reading on October 12 2017
DANIEL M. POPE, MAYOR
Zone Case No. 2565-D
page-2 of3
ATTEST:
APPROVED AS TO CONTENT:
, Director of Planning
APPROVED AS TO FORM:
Ju
vw/CityAtt/Justin/Zones/ZC2565-D
September 7, 2017
Zone Case No. 2565-D
page-3 of3
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ACCESS AND UTILITY
EASEMENT 0.1148 ACRE
EMMANUEL WORSHiP CENTER ASSEMBLY OF GOD
CALLED 6.78 ACRES
VOL. 71!7, PG. 23 OPRLCT
Lessee
Lease Area
TXLU_g7
F!Ckl notes for a 0 2296 of an aero Jc,1.c:;e area out of a c<1llcci6 76 at.:rc (l,;c/ of la1nf m dr•rd to
Emmanuel Wars/up Ce11tm Assembly of Gpd recorded m Volume 7117. Page 23 OtiJcml Publtc; Records
Lubbock Counly, Texas (OPRLCT). sitrmled in SC!c/lon 5. Block E. Lu/Jbock Gormly. Tcx.1s nod bei11g
more parlicui<Jrly described by metr.s and bounds i1S foliows w1/IJ all hc;umgs bemg lmsod oo Texas
Srate Plane Coordinates North Central Zone (NAD 83).
Commencing: at a found Y;H !fOil bar (N 7256978.74. E 948274 82} wtth cap (Huqo Rc('c// lying on tfre
east nglrt-of-way /me of Avenue PL .. (60' Puhhc ROW per Lubbock County Public Works) marhing tt1e
northwest comer of said 6 78 acre tract and the soullrcasr comer of a called 4 99 acre tract of land in
deed to tfJe Emmanuel Assembly of God r£Jcordcd in Volume 6537. Page 160 OPRLCT. from whiCh a
found X" iron bRr (N 7256961 46. E 948843. 78) w1th cap (Hr1go Reed} fymg on t11r. wc$1 ngfrt-of-way
fmc of Avenue pr (60' ROV\') marking the northeast corner of said 6 78 acre /mel {lnd /11t1 soutlm<'fsl
corner of saicl 4.99 acre tract bearsS 88" 15' 37' E (8e<1nng Br~s1s). 569 22 feet (ml/ccl N 89" !'ill' 38~ E.
569 30 feet};
Thence: S 61" 41' 23~ E. 55 88 feet mto said 6 78 aero tmc/. to a set ~'"I(OfJ hM wilh cap (Sol!s-Kanak)
fat lire norlhwest comer and tile Place of Beginn;ng of file /Jcrcm described lease ama.
Thence: S 88" 15' Jr E. 100 00 teet. fJ/ony the nortllline of silld le<Jse aret1. to., sci;:;·· troll bm w1/l1
cap (So/is-Kaoak) for the northeast comer of the herein described lease area.
Thence: S 01" 44' 2Y W, 100.00 feel. along /lie east /me of tile herein c.Jescn"herllcasc nre,1, /o a sci
i1" iron bar wit/J cap (Solis-KaruJk) for /Ire southeast comer of tile herein described ICi!SC arc,,:
Thence: N 88" 15' 3r W, 100 00 feet. along tf1e south /me of l/1e hercun dnsCTibvd IC<ISC wco. to a SCI
Uw iron bar with cap ~(Solis-Kanak) for the southwest corner of tflo herem dosl:ribcrllcasc orefJ.
Thence: N 01" 44' 23p E. 100.00 feel. along tile west fmc of tire heroin dP.sc:rsbert lr.oasr. area. tolf1e
Place of Beginning and corrtammg 0 27.96 of an acre of lease area more or less
Less~~
:Ac~~s-~ !Jnd U.ti!fty_ /;!!.~eiJ!en~
l)<LU__/_2!_
Field notes for a 100 foot wtde access and ri/ilily easement out of a c;,1//ed 6 78 acrt? tract of land in deed
to Emmanuel Worsh1p Center Assembly of God recorded ill Volume 7117. PacJC 23 OfftCilll PubliC
Records Lubbock County. Tel( as (OPRLCT). situated in Sec/ton 5. Block E, Lub!Jor.k Cowl/y, TCHJS
and being more part,cularly described by metes and boonds as follows Wit/ I (l/1 br.arings bciug tmscd on
Tex<Js State Plane Coordinates North Central Zone (NAD 83);
Commencing: at a found }1~ iron bar(N 7256978.74. E 948274 82) witfJ cap {Hugo RcNI) lymg on the
cast n·gfrf.of-way /me of Avenue "L" (60' Public ROW per Lubbock County Public WorlcsJ marking the
norlhwest comer of said 6.78 <Jere tract and /Ire soutlleost corner of a called 4 99 acrtJ tract of land in
dr.!ed to the Emmanuel Assembly of God recorded m Vol11me 6537. Page 160 OPRLCT. from wf1ic/r a
found %p iron bar (N 7256961.46. E 948843.78} \VIl/1 cap (Hugo Reed) lying on the west ogl1t-of-w.1y
fmc of Avenue ~J~ (60' RO!A? marking tile norflreas/ comer of s.1id 6.78 acre tract ilnd tlw southeast
corner of said 4 99 acm trar.l bears S 88" 15' 37" E (Bearing B.-lsts). 569 22 feet (c..1lled N 89" 52' 38" E .
569.30 feet):
Thence: S 61. 41' 2Y E. 55.88 feel. mto said 6 78 acre tract. to a set .v,· 1ron bar Willi r.ap (So/Js-KaMk) 1-J-oo_N_LNIJ_E_R_-. 1-7-_0-0-98---JI
for the nortlrwest comer of a 0.2296 of an acre lease are,, surveyed lh1s same d<JIC and ll•e northwest
comer of the herein descnbed casement: Oil TE: 05 ·05-11
RFV. 1:
Thence: S 01" 44' 2Jw W, 100 00 feet, along tile west/me of said lease mC'a and tile cas/ /me of tl1e
herem dcscnbed easemcrrt. to a .<>et !-V iron bar wd/1 cap (Snfls-K;makl for tile stlii/111\'(.'SI comer of s,11CJ
lease :Jrea and the southeast comer of the herem descflbed e<Jscmcnt.
Thence: N 88" 15' 37" W. 50.00 feel. Rlony t11e sout11lme of 1/r(' llercm descnbed c>ilsemcnt. to <1 sel
60d nail with disk (Solis-Kcmak) for the sou/l!west comer of t11e l!crein desc:ribed casmnent lymg on tfle
P.ast /me of said Avenue ~L ~. and t11e west line of :c;md 6 78 acre I met.
Thence: N 01" 44' 23~ E. 100.00 feet (c.:allerl N oo· 07' H.-? along tl!e east firm of Selle! 1\VL'IIrle "L ",the
wcsllmo of .c;ard 6. 78 acre tract aud /11e wcstflllc of the herein descritJed cmwmeut. to n set 60d m:ul
with dtsk (Solis-Kanak} for rt1e northwest comer of /lie herein desr.ribed casemr.nl.
Thence: S as· 15' 37" E. 50 DO teet. along t11e north /111e of the !wmm dcsr:ubed CM>f!nHml. to lire Place
of Beginning and containing 0 1148 of an acre of access and ulility ~Jascment more or le."i!>.
OI?AWN (Jy; (1.1/.
RtV/51-D 13Y:
SHEET NO.
2of2
SCJLIS-KANAK & ASSCJCIATES, INC.
PROFESSIONAL LAND SURVEYORS
Lessee
Lease Area
TXLU 127
Firm License
No. 10140200
Field notes for a 0.2296 of an acre lease area out of a called 6. 78 acre tract of land in deed to
Emmanuel Worship Center Assembly of God recorded in Volume 7117, Page 23 Official Public
Records Lubbock County, Texas (OPRLCT}, situated in Section 5, Block E, 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 W' iron bar (N 7256978.74, E 948274.82) with cap (Hugo Reed) lying
on the east right-of-way line of Avenue "L" (60' Public ROW per Lubbock County Public Works)
marking the northwest corner of said 6. 78 acre tract and the southeast corner of a called 4.99
acre tract of land in deed to the Emmanuel Assembly of God recorded in Volume 6537, Page
160 OPRLCT, from which a found W' iron bar(N 7256961.46, E 948843.78) with cap (Hugo
Reed) lying on the west right-of-way line of Avenue "J" (60' ROW) marking the northeast corner
of said 6. 78 acre tract and the southeast corner of said 4. 99 acre tract bears S as• 15' 37" E
(Bearing Basis), 569.22 feet (called N 89• 52' 38" E, 569.30 feet);
Thence: S 61• 41' 23" E, 55.88 feet, into said 6.78 acre tract, to a set W' iron bar with cap (Solis-
Kanak) for the northwest corner and the Place of Beginning of the herein described lease area;
Thence: S as· 15' 37" E. 100.00 feet, along the north line of said lease area, to a set W' iron bar
with cap (Solis-Kanak) for the northeast corner of the herein described lease area:
Thence: S 01• 44' 23" W, 100.00 feet, along the east line of the herein described lease area, to
a set W' iron bar with cap (Solis-Kanak) for the southeast corner of the herein described lease
area;
Thence: N as· 15' 37" W, 100.00 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• 44' 23" E, 100.00 feet, along the westline of the herein described lease area, to
the Place of Beginning and containing 0.2296 of an acre of lease area more or less.
~it~
Registered Professional Land Surveyor, No. 4499
Date: May 5, 2017
G :Vobs20 17\ 17-0098\Lease Area. doc
Page 1 of 1
17500 FM 306 • P. 0 Box 1773 • Canyon Lake, Texas 78133 + (830) 935-4011 + Fax (830) 935-4012