HomeMy WebLinkAboutOrdinance - 2015-O0092 - Zone Case 3236-A - 09/10/2015First Reading
August 27, 2015
Item No. 7.10
ORDINANCE N0.2015-00092
Second Reading
September 10, 2015
Item No. 7.11
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 3236-A; A ZONING CHANGE FROM IHC TO IHC
SPECIFIC USE FOR A TEMPORARY TELECOMMUNICATIONS TOWER, ON
.234 ACRES OF UNPLATTED LAND OUT OF BLOCK A, SECTION 20,
LUBBOCK, TEXAS; 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. 3236-A
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 from IHC to IHC Specific Use for a
temporary telecommunications tower on .234 acres of unplatted land out of
Block A, Section 20, City of Lubbock, Lubbock County, Texas, located at 2553
Santa Fe Drive, and being further described as follows:
METES AND BOUNDS DESCRIPTION: Attached as Exhibit "A".
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 IHC 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 2553
Santa Fe Drive, 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 August 27, 2015
Passed by the City Council on second reading on September 10, 2015
GLE C. ROBERTSON, MAYOR
ATTEST:
Qa"' '9K
Rebe ca Garza, City Secretar
Zone Case No. 3236-A
page -2of3
APPROVED AS TO CONTENT:
Andrew Paxton, Director of Planning
APPROVED AS TO FORM:
m/CityAtt/Justin/Zones/ZC3236-A
August 6, 2015
Zone Case No. 3236-A
page - 3 of 3
EXIiIBIT "A"
TRACT I. The East Forty -Three and Two Tenths Feet (E 43 2') of Lot Three (3), and all of Lots Four (4), Five (5)
and the West Twenty -Six and Eight -Tenths Feet (W 26.8') or Lot Six (6), all in Block Twenty -Five (25), F.R.
Friend's Addition to the City of Lubbock, Lubbock County, Texas, according to the map, plat and/or dedication deed
thereof recorded in Volume 137, Page 225, of the Deed Records of Lubbock County, Texas
TRACT If. Lot Two -A (2-A), F.R. Friend Addition to die City of Lubbock, Lubbock County, Texas, according to
the map, plat and/or dedication deed thereof recorded in Volume 1570, Page 711. of the Deed Records of Lubbock
County, Texas
TRACT III-
FIELD
IP
FIELD NOTES of a 0 234 Acre Tract situated in Section 20, Block A, Lubbock County, Texas being out of 91 515 acres
of former West Texas and Lubbock Railroad nght-of-way described in a deed to the State of Texas recorded in Volume
6729. Page 1, Lubbock County Real Property Records being further described by metes and bounds as follows:
BEGINNING at a found square tube for the Southwest comer of this tract and the Northwest comerof Lot 2A, Block 25,
F R. Friend's Addition recorded in Volume 1570, Page 711, Deed Records of Lubbock County, Texas from which a
found 112' iron rod which is a comer of the said state of Texas tract described as being in the West line of University
Avenue at the Northeast comer of F.R Friends Addition in the fifty seventh (57) call in the deed of the said stale of
Texas tract on Page 14 of Volume 5729, Lubbock County Real Property Records bears N 55'40'12' E (Texas North
Central Zone Beanng Basis), 318 31 feet;
THENCE N 34°14'36' W. along the Northeast line of a 16642 acre tract surveyed by Richard Hutton, March 11, 2011,
out of the said State of Texas parcel, surveyed by Richard Hutton, March 11, 2011, a distance of 99 93 feet to a found
rod with aluminum cap (TXDOT) in the Southeast line of Santa Fe Drive as shown on the plat of F R. Friend's Addition
as recorded in Volume 210, Page 80 Lubbock County Deed'Records and on the plat of Parks Addition as recorded in
448, Page 233, Lubbock County Deed Records for the Northwest comer of this tract,
THENCE N 55'42'00' E. with the Southeast line of Santa Fe Drive, 10188 feet to a set 112* red with orange cap marked
RPLS 4460 for the Northeast corner of this tract;
THENCE S 34'107' E. 99.88 feet to a found square lube for a Northedy corner of Lot 2A, Block 25, F R Friend's
Addition and the the Southeast corner oflints tract,
THENCE S 55'40'12' W . with the Northwest line of lot 2A. Block 25, F.R Friend's Addition, and the Southeast line of
the said State of Texas 91.515 acre tract, 10187 feet Place of Beginning and containing 0.234 Acres including any Right
of Way
;�.
FILED AND RECOF
OFFICIAL Pl1BLIC RECORDS
Kelly Pmr,on, County Clerk
Lubbock County TEXAS
October 30, 2013 02.36.50 PM
FEE: $24.00 2013043496
Please Retum to Title One, 4417 71° St , Ste 34, Lubbock, TX 79424 OFRI71404
administrators, successors or assigns forever Grantor binds Grantor and Grantor's heirs and successors to
warrant and defend all and singular the Property to Grantee and Grantee's heirs, successors, and assigns
against every person whomsoever lawfully claiming or to claim the same or any part thereof when the
claim Is by, through, or under Grantor but not otherwise, except to as to the Reservations from
Conveyance and the Exceptions to Conveyance and Warranty.
When the context requires, singular nouns and pr nouns include the plural.
H ILE LEE SHAKESPEA E
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THE STATE OF TEXAS
COUNTY OF LUBBOCK
This instrument was acknowledged before me on the D 3 day of October, 2013 by HOILE
LEE SHAKESPEARE and SUSAN MICHAEL SHAKESPEARE.
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A611! 1 t'slrNotary Publie, State of Texsa ARY PUBLIC, STATE OFTMy Commission Explrea July 01, 2016