HomeMy WebLinkAboutOrdinance - 9943-1996 - Zone Case 2782 Zone Change AM To AM Specific Use Communication Tower - 09/26/1996First Reading
September 26, 1996
Item #28 ·
Second Reading
October 10, 1996
Item #6
ORDINANCE NO. _9..._.9..,._43 __ _
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES:
ZONE CASE NO. 2782; A ZONING CHANGE FROM AM TO AM SPECIFIC USE ZONING
FOR A COMMUNICATIONS TOWER ON A PORTION OF LOT 9, BLOCK 1, llM FLOYD
ADDITION, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENAL TY;
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 finds 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 29-29 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 the proposed amendment, and the public hearing
according to said notice, was duly 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 determined by the City Council 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. 2782
SECTION 1. THAT Ordinance No. 7084 and the Official Zoning Map are amended as
follows:
A change of zoning under the provisions of Section 29-24{ c ){ 10) of the Code of
Ordinances of the City of Lubbock from AM to AM Specific Use for a
communications tower on a portion of Lot 9, Block 1, Jim Floyd Addition, City of
Lubbock, Lubbock County, Texas, located on the parking lot on the NE comer of
22nd Street and Nashville Avenue, particularly described as 3810 22nd Street,
Lubbock, Texas.
SUBJECT TO THE FOLLOWING CONDITION:
a. The tower be designed and constructed as suitable for dual use.
SECTION 2. THAT the granting of this specific use zoning is hereby made subject to
compliance to all provisions of Zoning Ordinance No. 7084, as amended, including particularly,
but not limited to, Section 29-24 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 AM Specific Use 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 29-24( c )(10) of Codified Zoning Ordinance No. 7084 on the property
described as a portion of Lot 9, Block 1, Jim Floyd Addition, City of Lubbock, Lubbock County,
Texas.
SECTION 3. THAT violation of any provisions of this Ordinance shall be deemed a
misdemeanor punishable by a fine not to exceed Two Thousand and No/100 Dollars ($2,000.00)
as provided in Section 29-31 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
I 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.
2
AND IT IS SO ORDERED.
Passed by the City Council on first reading this 26th day of September
I Passed by the City Council on second reading this _lO_t_h __ day of October
ATTEST:
-~~
. , ')lil@t~~ ie Darnell, City Secretary
I APPROVED AS TO FORM:
~-. L ~, e/~ ~
II
Linda L. Cha.males, Supervising Attorney,
Office Practice Section
LLC:da/ccdocs/ZC2782.0RD
September 9, 1996
3
EX Y"COOKE
MAYOR RO TEMPORE
• 1996.
, 1996.
NOTARY PUBLIC in and for the State of Texas
My Commission Expires .................. ___ _
to before me this ___ J_q ___ day o,._f -~--=------=-..._.ml,_,...q __ _..J9 q/o
PATTI TATE
Notary Public, State of Texas
My Commission Eicpires
7-05-2000
-
R•34-4l
TARY PUBLIC in and for the State of Texas
My Commission Expires .................. ___ _
PATTI TATE
Nota,y Public, State of Texas
My Commission Expires
7-05-2000