HomeMy WebLinkAboutOrdinance - 2007-O0119 - Amending Zone Case No. 3065-A; Specific Use For A Mobile Telephone Switch Office - 11/20/2007First Reading
November 20, 2007
Item No. 6.2
ORDINANCE NO. 2001-00119
Second Reading
December 6, 2007
Item No. 5.8
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND
THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 3065-A; A ZONING CHANGE FROM C-2 AND T
TO C-2 SPECIFIC USE FOR A MOBILE TELEPHONE SWITCH OFFICE ON
1.64 ACRES OF UNPLATTED LAND OUT OF SECTION 30, BLOCK AB,
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 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 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. 3065-A
SECTION 1. THAT Ordinance No. 7084 and the Official Zoning Map are
amended as follows:
A change of zoning from C-2 and T to C-2 Specific Use for a mobile
telephone switch office under provisions of Section 29-24 of the Code of
Ordinances of the City of Lubbock zoning district on 1.64 acres of unplatted
land out of Section 30, Block AB, City of Lubbock, Lubbock County, Texas,
located at 6904, 6906, 6908, and 6918 82°d Street, subject to conditions, and
being further described as follows:
MATES AND BOUNDS DESCRIPfON: Attached as Exhibit "A".
SUBJECT TO THE FOLLOWING CONDITIONS:
1. THAT the zoning be tied to the proposed site plan;
2. THAT should the building be converted to a commercial use, the
remaining land not paved for parking shall be paved and forty-four
(44) spaces added to the existing proposed nineteen (19) spaces; and
3. THAT any freestanding signage for the parcel shall be subject to
Zoning Board of Adjustment consideration since the only connection
to 82nd Street is a twenty foot (20') "flag".
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 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 and T 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) (24) of Codified Zoning Ordinance No. 7084 on the property
described as 6904, 6906, 6908, and 6918 82nd 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 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.
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.
Zone Case No. 3065-A
page-2 of3
AND IT IS SO ORDERED.
Passed by the City Council on first reading this 20th day of November , 2007.
Passed by the City Council on second reading this 6th day of December , 2007.
ATTEST:
~* 4 ~ Reb --a Garza, City~
APPROVED AS TO CONTENT:
APPROVED AS TO FORM:
~-~ ~¼-,--=__d_-
Linda L. Chamales
Senior Attorney Office Practice
vw /cityatt/Linda/ZoneCases/ZC3065-A
November 2, 2007
-Dfij/,#/'~
DAVID A.ILLER, MAYOR
Zone Case No. 3065-A
page-3 of3
Ordinance Ro. 2007-00119
A tr A-cA ,,, <= A) 1-A
LEGAL DESCRIPTION
TRACT '1', LUBBOCK SMSALP
AN ADDMON TO THE CITY OF LUBBOCK,
LUBBOCK COUNTY, TEXAS
Page 1 of 2
FIELD NOTES on a 1.64 acre tract of land being the overall description of the combined tracts as
described in Volume 4394, Page 179, Official Real Property Records, Volume 8499, Page 131, Official
Public Records, Volume 8584, Page 231, Official Public Records and Deed No. 2006046809, all being
located in Section 30, Block A-K, Lubbock County, Texas and being more particularly described by
metes and bounds as follows:
BEGINNING at a ½" iron rod with cap, found for the Northwest and beginning corner of this 1.64
acre tract, whence the Southwest corner of Section 30, Block A-K, bears South, a distance of 414.73
feet and South 89°59'00H West, a distance of 2216.47 feet;
THENCE South 89°51'42" East,(S 89"51.'29"' E) along ttle existing South line of a 20 foot alley as
described In Volume 6622, Page 91, Official Real Property Records, Lubbock County, Texas, a distance
of 170.00 feet to a Y.:t iron rod with cap, found for a comer of this 1.64-acre b"act;
THENCE North 89°59'00" East, along the South line of said 20 foot alley, a distance of 253.50 feet to
a ½" iron rod with cap, found for the Southeast comer of Papalote South Addition as described in
Volume 6622, Page 91, Official Real Property Records of Lubbock County, Texas and being the
Northeast corner of this 1.64 acre tract:
THENCE South 0o00'07" East,(South) a distance of 182.00 feet to a ½" iron rod with cap, found for
the Northeast comer of a tract of land as described in Volume 9441, Page 72, Official Public Records of
Lubbock County, Texas and being the Southeast corner of this 1.64 acre tract;
THENCE South 89°59'00" West, a distance of 253.50 feet to a ½" iron rod with cap, found for the
Northwest corner of aforesaid tract of land and being a comer of this 1.64 acre tract;
THENCE North 0°00'07., West,(North) along the East line of a tract of land as described in Volume
6959, Page 33, Official Real Property Records of Lubbock County, Texas, a distance of 32.00 feet to a
½" iron rod with cap, found for a comer of this 1.64 acre tract;
THENCE North 89°51'42" West,(N 89'51. '29" W) along the North line of the aforesaid tract of land, a
distance of 170.00 feet to a ½" iron rod with cap, found for a comer of aforesaid tract and being the
Southwest corner of this 1.64 acre tract;
THENCE North 0°00'07., West,(North) along the East line of the aforesaid tract, a distance of 150.00
feet to the point of beginning. ·
~ CONTAINING 1.64 acres of land.
HIGH-TECH LAND & GPS SURVEYORS, INC.
3330 70th St., Suite 202 • Lubbock, Texas 79413
(806) 788-0020 • Fax (806) 792-1646
Page 2 of 2
A plat of even survey date herewith accompanies this legal description.
{ ) = Deed can
Bearings are relative to the South line of Section 30, Block A-K· as being previously recognized as
~
N 89'>59'00" E .
Surveyed on the ground August 14, 2007
Registered
Texas No. 4
Date: //--Z.-0 7 ~
HIGH-TECH LAND & GPS SURVEYORS, INC.
3330 70th St, Suite 202 • Lubbock, Texas 79413
(806)788-0020 • Fax(806)792-1646-
FB#461 P.18
#35,639