HomeMy WebLinkAboutOrdinance - 2005-O0088 - Amending Zoning Ordinance: Case 2808-A; To Relect 120' Tower Instead Of 60' Towe - 07/28/2005II
!First Reading
Ju1y 28, 2005
Ite:m No. 40
ORDINANCE N0.2005-<>0088
Second Reading
August: 8. 2005
Ite:m No. 12
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND
THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 2808·A; A ZONING CHANGE FROM C-3/C-3
SPECIFIC USE TO C-3 SPECIFIC USE FOR A 120 FT. COMMUNICATIONS
TOWER ON A PORTION OF TRACT A-4-A, :MILWAUKEE PLACE
ADDITION, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; 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 recorrunendation 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 29-24 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
1 fifteen (15) days prior to the date of the public hearing before the City Council on such
1 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. 2808-A
SECTION 1. THAT Ordinance No. 7084 and the Official Zoning Map are
amended as follows:
A change of zoning from C-3/C-3 Specific Use to C-3 Specific Use for a 120
ft. communications tower under provisions of Section 29-24 of the Code of
Ordinances of the City of Lubbock on a portion of Tract A-4-A, Milwaukee
Place Addition, City of Lubbock, Lubbock County, Texas, located at 6409
19th Street, subject to conditions and being further described as follows:
METES AND BOUNDS DESCRIPTION: Attached as Exhibit "A".
SUBJECT TO THE FOLLOWING CONDITION:
1. THAT construction of the tower shall be a monopole style with
no exterior wiring.
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 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 C-3/C-3 Specific Use zone districts; 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 Tract A-4-A, Milwaukee Place Addition, City of
Lubbock, Lubbock County, Texas.
SECTION 3. THAT violation of any provision of this Ordinance shall be
deemed a misdemeanor punishable by fme 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 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.
Zone Case No. 2808-A
page-2 of3
AND IT IS SO ORDERED.
Passed by the City Council on first reading this 2·Bth day of __ ~J""'ul.a.;;l~--' 2005.
ATTEST:
~~.e •.• D.' Re cca Garza, Clty Secretary
APP~ AS TO~=--
Randy Henso&nior Planner
APPROVED AS TO FORM:
,.,...______,.. ~c::.:Y C~__e:_ ..
Linda L. Chamales
Senior Attorney Office Practice
aslcityatt/Linda/ZoneCases/ZC2808-A
July 7, 2005
Zone Case No. 2808
page-3 of3
Ordinance No. 2005-00088 Zone Case No. 2808-A
Exhibit "A"
METES AND BOUNDS DESCRIPTION of a 0.02 acre tract of land out of Section
44, Block AK, Lubbock County, Texas, being further described as follows:
Beginning at a point which bears S 00°02'28" W an approximate distance of
263.17 feet and S 89°57'32" E an approximate distance of 490.00 feet from the
Northwest corner of Section 44, Block AK;
Thence N 00°02'28" E an approximate distance of 30.00 feet to a point of
intersection;
Thence S 89°57'32" E an approximate distance of 30.00 feet to a point of
intersection;
Thence S 00°02'28" W an approximate distance of 30.00 feet to a point of
intersection;
Thence N 89°57'32" W an approximate distance of 30.00 feet to the point of
beginning.
l! Pgt Kidd -Ordinance No. 2005-00088
From:
To:
Date:
Subject:
Pat Kidd
Pearlene Holmes
11/9/2005 3:07:31 PM
Ordinance No. 2005-00088
Pearlene, I have a copy of the above ordinance, which has been corrected to reflect 120' tower, instead of
60' tower. You can pick this up whenever you get time.
Thanks,
Pat
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