HomeMy WebLinkAboutOrdinance - 2011-O0068 - Amending Zoning Ordinance 7084. Zone Case 3157 - 08/11/2011First Reading
August 11, 2011
Item No. 6.2
ORDINANCE NO. 2011-00068
Second Reading
August 25, 2011
Item No. 5.19
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 3157; A ZONING CHANGE FROM R-1 TO R-1
SPECIFIC USE FOR COMMUNICATIONS TOWER, ON A PORTION OF
TRACT A, SECOND COOPER MIDDLE SCHOOL ADDITION, LUBBOCK,
TEXAS; PROVIDING A PENALTY; PROVIDING A SA VINOS 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. 3157
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 R-1 to R-1 Specific Use for a
communications tower on a portion of Tract A, Second Cooper Middle
School Addition, City of Lubbock, Lubbock County, Texas, located at 3425
118tll Street.
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 pro\ ides that a Building Permit shall be applied for and secured within
thirty (3 0) months of th~ effecti ve date or the zone change or all undeveloped properly
shall automatically revert back to the prnvious zoning classilication, which in this case is
the R-1 zone district; and if such reversion occurs, the Direttor of Planning is directed to
remo e from tJ1e Zoning Map the legend indicating such specific use . The Specifo.: Use
authorized by thi s Ordinance is permitted under provision of Section 40.0J .31 0 1-
40.03.3103 of Codified Zoning Ordinance No. 7084 on the property described as 3425
118th Street City of Lubbock, Lubbock County. Texas.
ECTlO 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 provid ed in Section 40.01 .006 of the Zoning Ordinance of the City of
Lubbock.
ECTIO 4. THAT should any paragraph, sentente. clause. phrase or word of
thi s Ordinance be clcchrcd unconstitutional or invalid for any reason. the remainder nf
this Ordinance shall not be affected thereby.
E TION 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 JS SO ORDERED.
Passed by the City 'ouncil on first reading on August 1 l, 2011 ------..W....----=-------
Passed by the Cit y ouncil on second reading on August 25, 2011 -----=-----'------
ATTEST:
ity Secretary
TOM MARTIN, MAYOR
Zone Case Vo. 315
page -2 of 3
APPROVED AS TO CONTENT:
21
APPROVED AS TO FORM: a~
Chad Weaver
Assistant City Attorney
,·11 Cn~Att Chad1Loncs·ZC3 I 57
Jul} 19. 201 I
'/,one Case No. 3 I 57
pa,?e -3 of J