HomeMy WebLinkAboutOrdinance - 2022-O0180 - Zone Case 2068-A - 01/10/2023First Reading
December 13, 2022
Item No. 6.7
ORDINANCE NO. 2022-00180
Second Reading
January 10, 2023
Item No. 5.33
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND
THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE
FOLLOWING CHANGES: ZONE CASE NO. 2068-A; A ZONING CHANGE
FROM A-2 TO A-2 SPECIFIC USE FOR A TELECOMMUNICATIONS
TOWER, AT 5812 73RD STREET, LOCATED NORTH OF 73RD STREET AND
WEST OF FRANKFORD AVENUE, STONEGATE ADDITION, SOUTH 170
FEET OF TRACT B, 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.2068-A
SECTION 1. THAT Ordinance No. 7084 and the Official Zoning Map are
amended as follows:
A change of zoning under the 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
Telecommunications Tower zoning district at 5812 73rd Street, located north
of 73rd Street and west of Frankford Avenue, Stonegate Addition, south 170
feet of Tract B, City of Lubbock, Lubbock County, Texas.
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 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 5812
73rd Street, located north of 73rd Street and west of Frankford Avenue, Stonegate
Addition, south 170 feet of Tract B, 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 December 13, 2022
Passed by the City Council on second reading on January 10, 2023
ATTEST:
Re ca Garza, City S cre y
TRAY P AYO
RR
Zone Case No. 2068 A
Page - 2
APPROVED AS TO CONTENT:
�/7;� Smu7
Kri en Sager, Directo f Planning
APPROVED AS TO FORM:
W&hat&
lli Leisure, Assistant City Attorney
vw:'C ityAtt/Kel l i/Zones/ZC2068-A
December 1, 2022
Zone Case No. 2068-A
Page - 3