HomeMy WebLinkAboutOrdinance - 2011-O0103 - Amending Zoning Ordinance 7084. Zone Case 1542-T. Communication Tower Furr Wolf - 10/27/2011First Reading
Oc t ober 27 , 2011
Item No. 6 . 5
ORDINANCE NO. 2011-00103
Second Reading
November 3 , 2011
Item No . 5 .21
AN ORDINANCE AMENDING ZON ING ORD INANCE NO. 7084 AND THE
OFFICIAL MAP OF THE ClTY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 1542-T; A ZONING CHANGE FROM C-2 TO C-2
SPECIFIC USE roR A COMMUNICATION TOWER. ON LOT 1-8, BLOCK 6,
FURR WOLF 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 clue consideration, the City Council found that clue
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 §2 11.007
(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 Zo ning Map be amended in the manner hereinaner set
fo11h 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 or LUBBOCK:
ZONE CASE NO. 1542-T
SECTION 1. THAT Ordinance No. 7084 and the Official Zoning Map are
amended as follows:
A change of zoning under pro v1s1ons or Section 40.01 .005 of the Code of
Ordinances of the City of Lubbock from C-2 to C-2 Specific Use for a
communication tower on Lot J-8, Block 6, Furr Wolf Addition, City of
Lubb_o_ck, Lubboc~ County, Texas, located at 4701 South Loop 289, subj ect to
cond1ttons, and bemg further described as follows:
SUBJECT TO THE FOLLOWING CONDITIONS:
1. THAT the zone be tied to the tower elevation as submitted.
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 40.03.3 I 02 of the Codified Zoning
Ordinance, which provides that a Building Permit shall be applied for and secured within
thirty (30) months of the effecti ve date of the zo ne change or all undeveloped property
shall automaticall y revert back to the previous zoning classification. whi ch in this case is
the C-2 zone district; and i r such reversion occurs, the Director of Planning is directed to
remove from the Zoning Map the legend indicating such specifi c use. Th e 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 4701
South Loop 289, 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/ I 00 Dollars
($2,000.00) as provided in Section 40.01 .006 of the Zoning Ordinance of the City of
Lubbock.
SECTION 4. TI-IA T should any paragraph, sentence, clause, pl1rase or word of
this Ordinance be declared unconstitutional or in valid for an y reason, th e remainder or
this Ordinance shall not be affected thereby.
SECTION 5. THAT the City Secretary is hereby authorized to cause publication
of the descriptive caption of thi s Ordinance as an alternative method provided by law.
AND IT IS SO ORDERED.
Passed by the City Council on first reading on ____ .....co---=c---=t--=-o:::...be-=--cr=-=2::...:7___,,--=2-=-0-=-l =--1 __ _
Passed by the City Council on second reading on ____ N_o_v_em_b_e_r--=3-=-'-2..:....0_11 ___ _
ATT EST:
TOM MARTIN, MAYOR
Zone Case No. 15-12-T
page -2 of 3
APPROVED AS TO CONTENT:
Rand~ic±:;;;::
APPROVED AS TO FORM:
tkL
Chad Weaver
Assistant City Attorney
1 vw/Ci1yA1t/Chad/Zoncs/ZC 1542-T
Oc1ob~r 6. 2011
Zone Case No. 1542-T
page -3 ot'J