HomeMy WebLinkAboutOrdinance - 2014-O0146 - Zone Case 2565-C - 11/06/2014First Reading
October 23, 2014
Item No. 6.9
ORDINANCE NO. 2014-00146
Second Reading
November 6, 2014
Item No. 6.18
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 2565-C; A ZONING CHANGE FROM A-2 TO A-2
SPECIFIC USE FOR A 115 FOOT TELECOMMUNICATIONS TOWER, ON
.2296 ACRES OF UNPLATTED LAND, 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 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-C
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 A-2 to A-2 Specific Use for a 115 foot
telecommunications tower on .2296 acres of unplatted land, City of Lubbock,
Lubbock County, Texas, located at 1102 70'h 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 the
elevation.
SECTION 2. THAI' 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
70a' 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 40.01.006 of the Zoning Ordinance of the City of
Lubbock.
SECTION 4. THAT should any paragraph, sentence, clause, phrase or word of
Ordinance be declared unconstitutional or invalid for any reason, the remainder of
Ordinance shall not be affected thereby.
SECTION 5. THAT the City Secretary is hereby authorized to cause publication
to descriptive caption of this Ordinance as an alternative method provided by law.
AND IT IS SO ORDERED.
'.ed by the City Council on first reading on October 23, 2014
ed by the City Council on second reading on ta,,.,,..,,be,IWA
G C. ROBERTSON, MAYOR
ATTEST::
qc�,,,ea Garza, City Secret ry
Zone Case No. 25
page -2of3
APPROVED AS TO CONTENT:
Andrew Paxton, Director of Planning
APPROVED AS TO FORM:
Chad Weaver, City Attorney
vw/CI IyAIVChad/Z0nes/ZC2565-C
0dab.2, 2014
Zane (.'ase No. 1565-(.
page -3 of
Solis-Kanak & Associates, Inc. Firm License
Professional Land Surveyors Wo. 10140200
Lessee
Lease Area
TXLU Geier
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 5/8" iron pipe (N 7256604.3 1, E 948832.50) lying on the west right-of-
way line of Avenue "J" (60' ROW) marking the southeast corner of the residue of said 6.78 acre
tract and the northeast comer of Lot 5 of Lot 5 South Loop Addition recorded in Volume 3637,
Pages 184-187 OPRLCT, from which a found "X" in concrete (N 7256318.70, E 948824.01) lying
at the intersection of the west right-of-way line of said Avenue "J" and the north right-of-way line
of 7d" Street (60' ROW) and the Point of intersect of a curve at the southeast corner of said Lot
5 bears S 01 ° 42' 10" W (Bearing Basis), 285.73 feet (called S 00° 07,22" E);
Thence: N 82° 30' 19" W, 150.16 feet, into said 6.78 acre tract, to a set %" iron bar with cap
(Solis-Kanak) for the southeast corner and the Place of Beginning of the herein described
lease area;
Thence: N 88° 14'05" W, 100.00 feet, along the south line of said lease area, to a set r2"iron
bar with cap (Solis-Kanak) for the southwest corner of the herein described lease area;
Thence: N 01 ° 45'55 " E, 100.00 feet, along the west line of the herein described lease area, to
a set Y2" iron bar with cap (Solis-Kanak) for the northwest corner of the herein described lease
area;
Thence: S 88" 14'05" E, 100.00 feet, along the north line of the herein described lease area, to
a set Y2" iron bar with cap "(Solis-Kanak) for the northeast corner of the herein described lease
area;
Thence: S 01 ° 4555" W, 100.00 feet, along the east line of the herein described lease area, to
the Place of Beginning and containing 0.2296 of an acre of lease area more or less.
Clinton L. Kanak, R.P.L.S.
Registered Professional Land Surveyor, No. 4499
Date: February 12, 2014
G:Uobs2014114-00201Lease Area.doc
Page I
17500 FM 306 ♦ P. O. Box 1773 *Canyon Lake. Texas 78133 ♦ (830) 935-4011 ♦ Fax (830) 935-4012