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HomeMy WebLinkAboutOrdinance - 2005-O0101 - Amending Zoning Ordinance To Make Change: Case 1788-D; 80 Ft. Monopole Wireless - 08/25/2005Fint Reading August 25, 2005 ltem47 ORDINANCE NO. 2005-oOIOl Second Reading September 8, 2005 ltem37 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 1788-D; A ZONING CHANGE FROM C-2 TO C-2 SPECIFIC USE FOR AN 80-FOOT MONOPOLE WIRELESS COMMUNICATIONS TOWER ON A PORTION OF LOT 1-B-2, GREENBRIER 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 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 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 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. 1788-D SECTION 1. THAT Ordinance No . 7084 and the Official Zoning Map are amended as follows: A change of zoning from C-2 to C-2 Specific Use for an 80-foot monopole wireless communications tower under provisions of Section 29-24 of the Code of Ordinances of the City of Lubbock on a portion of Lot 1-B-2, Greenbrier Addition, City of Lubbock, Lubbock County, Texas, located at 5001 50th 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 the tower shall be a monopole and limited to 80 feet in height. 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-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 29-24 (c)(lO) of Codified Zoning Ordinance No. 7084 on the property described as a portion of Lot 1-B-2, Greenbrier Addition , 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 Noll 00 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. 1 7 88-D page -2 of3 AND IT IS SO ORDERED. Passed by the City Council on flrst reading this 25th day of August, 2005. ATTEST: APPROVED AS TO CONTENT: APPROVED AS TO FORM: Linda L. Chamales Senior Attorney Office Practice as/cityatt/Linda!ZoneCases/ZC 1788-D August 4, 2005 Zone Case No. 1788-D page-3 of3 Zone Case No.1788-D Exhibit "A" Zone Case 1788-D Metes and Bounds METES and BOUNDS description of a 0.02-Acre Tract out of Section 9, Block E-2 Lubbock County, Texas further described as follows: Beginning at the Northeast comer of this parcel, whence the Northwest comer of Section 9, Block E-2, bears a North a distance of 420' and West a distance of 1080'; Thence S02°18'25"W a distance of27.89' for a comer of this parcel; Thence N88°16'51"W a distance of29.00' for a comer of this parcel; Thence N02°18'25"E a distance of27.89' for a comer of this parcel; Thence S88°16'51"E a distance of29.00' to the place of beginning, which contains 0.02 acres.