HomeMy WebLinkAboutOrdinance - 2014-O0135 - Zone Case 3236 - 10/09/2014First Reading
September 25, 2014
1 Item 7.4
ORDINANCE NO. 2014-00135
Second Reading
October 9, 2014
Item 5.16
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 ZONING CHANGE FROM IMC TO IHC
SPECIFIC USE FOR A TEMPORARY/PORTABLE CELL TOWER, ON 0.234
ACRES OF UNPLATTED LAND OUT OF BLOCK A, SECTION 20, 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. 3236
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/portable cell tower on 0.234 acres of unplatted land out of Black
A, Section 20, City of Lubbock, Lubbock County, Texas, located at 2553 Santa
Fe Drive, 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 tower must be removed on or before January 31, 2015.
2. THAT the zoning of the property will revert back to IHC on February
1, 2015.
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 properly
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 Soptrmbcc-25,2014
Passed by the City Council on second reading on 9etnber ¢2014
GLE . IMMIETSON,MAYOR
Zone Case No. 3236
page -2of3
ATTEST:
AS TO CONTENT:
Paxton,
APPROVE)? AS TO FORM:
6440 -"`
Chad Weaver, City Attorney
Zone Case No. 3236
page -3 of
EMBIT "A"
TRACT 1. 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 Feel (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 Sadler dedication deed
themal recorded in Volume 137, Page 225, of the Decd Records or Lubbock County, Texas
TRACT' 11. Lot Two -A (2-A), F.R. Friend Addition to die City of Lubbock, Lubbock County, Texas, aCcordl ng to
the map, plat and/or dedication deed thereof =aided if Volume 1570, Page 711. of the Deed Records of Lubbock
County, Texas
TRACT III-
FIELD
IP
FIELD NOTES OI a 0234 Acre Tract whorled in Section 20. Slots A, Lubbock County, Texas being out of 91 515 acres
of farmer West Texas and Lubbock Radical oghtofway described in a deed to the Stale Of Texas recorded in Volume
6729, Papa 1, Lubbock County Real Property Records being further descnbed by metas and bounce US follows:
BEGINNING at a found spume lube tar the Southwest comer of ties tract and the NonFmresl comer of Lot 2A, Bbd 25,
F R. Friend's Motion recorded in Volume 1570, Page 711, Deed Records of Lubbock County, Texas Tram whirls a
found 112- iron rotl which is a or of the mid slate of Taxes Incl described as being in the West line Of University
Avenue at the Northeast Comer of FR Friends Addition in the 6M seventh (ST) rag in the dead of the said stale of
Texas lett on Page 14 of Volume 6729, Lubbock County Real Property Records bean N 55'40-12' E (Texas North
Central Zone Beanng Basis). 31831 feet
THENCE N 34'14'36' W. string the Nadheasl live of a 15842 acre Iect surveyed by Rearam Hutton, March, 11, 2011,
out of the said Stale of Texas parcel, surveyed by Richard Hutton, March 11, 2011, a distance of N 93 feel m a found
ed with aluminum Cop (TXDOT) in the Southeast line of Santa Fe Drive as shown on the plat of F R. Filentl's Addition
as recorded in Volume 210, Page 80 Lubbock County Dead Records and on Me plat of Paris Addition as recorded in
448. Page 233, Lubbock County Dead Records fix the Northwest comer of this tact,
THENCE N 55'4290' E. with the Southeast one of Sanm Fe Drive, 10188 feel to if set 12'rod with orange cap marked
RPLS 4460 lir the Northeast carne, of this tract
THENCE 34.1407'E.99.88 feel to a found square tube for a Northerly comerof Lot 2A, Blick 25, FR Friend's
Addition and the the Southeast corner of this toad,
THENCE 8 55'40'12' W. with the Nodhwosl line of Lot 2A, abd 25, FR Fdood's Addik'on, erM the SOutiiasl line of
the said State of Texas 91.515 acre tract, 101 87 lost Place of Beginning and containing 0.234 Acres Including any Right
of Way
FILED AND RECORDED
+tiaj " OFFICIAL PUBLIC RECORDS
Kelly Pam an, Count, Clerk
Lubbock CauntY TOMS
OAteber 30, 2013 0036.60 PH
FEE: $24.00 20IM43496