HomeMy WebLinkAboutResolution - 2019-R0065 - Billboard Variance - Choice Media - 02/25/2019Resolution No. 2019-R0065
Item No. 8.11
February 25, 2019
RESOLUTION
WHEREAS, the City Council of the City of Lubbock in order to safeguard the
health, comfort, and general welfare of the public, passed Ordinance No. 2018-00048 on
April 16, 2018 establishing a one hundred eight day (180) moratorium on permits for
billboard construction or modification in order that the city might establish a more suitable
regulatory scheme for billboards;
WHEREAS, the billboard moratorium was further extended an additional one
hundred eighty days by the passage or Ordinance No. 2018-00115 on September 27, 2018;
WHERAS, as part of Ordinance Nos. 2018-00048 and 2018-00115, a variance
request may be made by an entity in order to appeal to the City Council for relief from
hardship caused by the moratorium;
WHEREAS, Choice Media (Choice) is appealing to the Lubbock City Council for a
variance to the one hundred eighty day moratorium (180) on billboards;
WHEREAS, the Texas Department of Transportation (TXDOT), in preparation for
the building of Loop 88, is requesting Choice move a billboard along the proposed route
due to a change in the State's right-of-way to make way for the new highway;
WHEREAS, the location of the billboard, both current and as moved in the future
upon grant of a variance, depicted in Exhibit "A" attached hereto, is located at 1604 FM
1585, Lubbock County, Texas; and
WHEREAS, the City Council has heard from and reviewed the supporting
documents from Choice representatives demonstrating that Choice meets the criteria for a
variance provided for in the moratorium ordinance;
WHEREAS, the City Council of the City of Lubbock deems it to be in the best
interest of the citizens of the City of Lubbock to grant said variance; and
WHEREAS, the City Council directs the planning staff to coordinate with Choice in
order to initiate the permitting process for this request, subject to all applicable City of
Lubbock regulations and procedures, as granted by this variance to the billboard
moratorium.
NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT, the City Council of the City of Lubbock finds that Choice has demonstrated
the following:
1. The granting of the variance will not be detrimental to the public safety, health, or
welfare, be injurious to surrounding property, or violate the intent and purpose of the
regulation;
2. That the granting of the variance is not based on a hardship which is self-imposed;
3. The hardship is not based solely on the cost of complying with the regulations; and
4. The hardship is based on circumstances which are unique to the property for which
the variance is sought, and not circumstances common to other properties; and
THAT, pursuant to Ordinance Nos. 2018-00048 and 2018-00115, the City Council
of the City of Lubbock hereby grants Choice a variance to the billboard moratorium in
order to relocate the billboards attached herein on Exhibit "A" to comply with TXDOT
requirements.
Passed by the City Council on February 25, 2019
DANIEL M. POPE, MAYOR
ATTEST:
P'0�d2
Re cca Garza, City Sec eta
APPROVED AS YOCONTENT:
V i
AJ awver, Director of lanning
AP VEIL AS TO FORM:
Kelli Leisure, Assistant City Attorney
ccdocs/Res.Choice 1604 FM 1585 BB Variance
2,18.19