HomeMy WebLinkAboutOrdinance - 2019-O0025 - ZC 1617-A - 03/12/2019 First Reading Second Reading
February 25, 2019 March 12, 2019
Item No. 8.1 Item No. 8.1
ORDINANCE NO.
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND
THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE
FOLLOWING CHANGES: ZONE CASE NO. 1617-A; A ZONING CHANGE
FROM C2 TO C-2 SPECIFIC USE FOR ANTENNAS, TOWERS, AND
ALTERNATIVE TOWER STRUCTURES, TO ALLOW A MONOPOLE
TELECOMMUNICATIONS TOWER TO BE LOCATED ON LAND ZONED
LOCAL RETAIL DISTRICT (C-2) AT 4646 34""' STREET, APPROXIMATELY
1,750 FEET WEST OF THE INTERSECTION OF 34TH STREET AND QUAKER
AVENUE, POUNDS ADDITION, ON THE SOUTH 125 FEET OF LOT 7,
LUBBOCK, TEXAS; SUBJECT TO REQUIREMENTS; 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 Mal) have been fully coiriplied 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 arter 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. 1617-A
SECTION 1. THAT Ordinance No. 7084 and the Official Zoning Map are
aillended as follows:
A change of zoning under provisions of Section 40.01.005 of the Code of
Ordinances of the City of Lubbock from C-2 to C-2 Specific Use for antennas,
towers, and alternative tower structures, to allow a monopole
telecommunications tower to be located on land zoned Local Retail District
(C-2) at 4646 34" Street, approximately 1,750 feet west of the intersection of
34th Street and Quaker Avenue, Pounds Addition, on the south 125 feet of
Lot 7, City of Lubbock, Lubbock County, Texas, subject to requirements as
follows:
SUBJECT TO THE FOLLOWING REQUIREMENTS:
1. THAT the property shall require a 6 foot pedestrian level screening
fence be installed.
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 C-2 zone district; and if such reversion occurs, the Director of Planning is directed to
remove ftom 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 4646
34"' Street, City of Lubbock, Lubbock County, Texas.
SECTION 3. THAT violation of any provision of this Ordinance shall be
deemed a misderneanor 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 February 25, 2019
Passed by the City Council on second reading on March 12, 2019
DANIEL M. POPE, MAYOR
Zone Case Ago. 1617-A
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ATTEST:
Ile
Reber
t q Garza, City Secretar
APPROVED AS TO CONTENT:
AJ F, ,er, Director of Planning
APPROVED AS TO FORM:
Ili Leisure, Assistant City Attorney
vw/CityAWKe I I VZones/W 1617-A
February 7,2019
Zone Case No. 1617-A
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