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Home My WebLink AboutOrdinance - 2007-O0007 - Amending Zoning Ordinance Making Changes: Case 1662-G; 100 Foot Monopole Communi - 01/12/2007I First Reading January 12, 2007 !tea No. 6.4 ORDINANCE NO. 2001-oooo7 Second Reading January 25, 2007 !tea No. 5.5 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING mE FOLLOWING CHANGES: ZONE CASE NO. 1662-G; A ZONING CHANGE FROM C-4 TO C-4 SPECIFIC USE FOR A 100 FEET MONOPOLE COMMUNICATIONS TOWER AND ASSOCIATED GROUND EQUIPMENT COMPOUND ON 900 SQUARE FEET OUT OF THE EAST PART OF TRACT L, CN HODGES 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. 1662-G SECTION 1. THAT Ordinance No. 7084 and the Official Zoning Map are amended as follows : A change of zoning from C-4 to C-4 Specific Use for a 100 feet monopole conununications tower and associated ground equipment compound on 900 square feet under provisions of Section 29-24 of the Code of Ordinances of the City of Lubbock out of the east part of Tract L, CN Hodges Addition, City of Lubbock, Lubbock County, Texas, located at 5402 Avenue L, subject to conditions and being further described as follows: METES AND BOUNDS DESCRIPTION: Attached as Exhibit" A". SUBJECT TO THE FOLLOWING CONDITIONS: 1. THAT the site plan as proposed will be adopted as part of the ordinance. 2. THAT a letter from the technical and "land" personnel of this company shall be provided to illustrate evidence that no alternative economical sites exist in this area (with provision of this letter at first reading, if approved number 2 can be eliminated from the final). 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-4 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 900 square feet out of the east part of Tract L, CN Hodges 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 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. 1662-G page-2 of3 AND IT IS SO ORDERED. Passed by the City Council on first reading this 12th day of January , 2007. 1 Passed by the City Council on second reading this 25th day of January , 2007. ATTEST: APPROVED AS TO CONTENT: APPROVED AS TO FORM: ~.-L ~~~_g: Linda L. Chamales Senior Attorney Office Practice as/cicyatt/Linda/ZoneCases/ZC 1662-G December 7, 2006 Zone Case No. 1662-G page-3 of3 8ROK£N ASPMALT /! ~ lOlNC li ~ II.. I 11. I 0 Zt•n<: Lase 1"0. uol-ou Exhibit "A" Ord~ce No. 2007-Q0007 .• •< l. ( SCALE: 1" = 50' E 1\ L DESCRIPTION ACCESS EASEMENT LEGAL DESCRIPTION LEASE' AREA ACCESS EASEt.lENT oil that certcrin lOt, troct or pare-' of tond si\uoted In the Lubbock. wbbock County, T..oa. and being part of 0 CCIIIed ere tract dtsen'bed in o dtld from Pot Groy Body Worb, H 4: R lrwestmenb 011 recorded in Volume 7529. Pooc J7, k County Deed Recorda, (~ 2.59 oc:re troct also being port :1 L d C. N. Hodg" Addition according to the plat thereof ICI HI Cobinet 4, Poge 141-8, Lubbock County Plat Aeeords), lino a 15 feet in wicftll occns easement and the centerline I _ __,, being more partic:Uiorly cleteribed a. follo'n: NC..C from a 1/2 inch irCM' rod found at the in.de corner 1 2.9 ocr. tract, for o Cartier; r N 01'!10'36. E otong the wnt line of 8Ciid 2.59 OCf'l troct lt1Ce of 12.91 feet to the POINT OF BECINNING of said mt; ~ S 88"1 8'21• E across *lid 2.9 oc:re troct o distance of teet to o point. for o comer; : S 01'41'39" W ocraft •oid 2.59 acre tract o aiStance of lett to Ute POINT OF TERNINATION of thit centttline of said ; in width ace... eoNment. LEASE AAEA BEINC o 0.021 acre tract {900.00 sq ft) end bei1"19 all that certain lot, tract or parcel of lend situated in the City of lubbock, Lutlbock County, Texas, and being port of a coiled 2.59 cere tract desGribed in a dee<' from Pot Gray Body Works, lne. to H & R Investments os recorded in Volume 7529, Poge 37, Lubbock County Deed Records, (said 2.59 acre tract also being port of Tract L of C. N. Hodges Addition according to tl'te plat thereof recol"ded in Cobif'!et 4. Page 149-B, Lubbock County Plot Records). ond .being more particularly described os follows: COt.A~ENCINC from a 1/2 inch iron rod found ot the inside cctner of said 2.59 acre tract. for o corner; THENCE S 88'09'24. E across said 2.59 acre tract o distance of 34.49 feet ond S 01.50'36" W across said 2.59 oere tract o distance of 0.50 feet to o 1/2 inch iron rod set at the POINT OF BEGINNING of said lease area: THENCE S 88" 18'21 • E across :scid 2.59 ocre tract o distance of 30.00 feet to o 1/2 inch iron rot1 set. for a corner; THENCE S 01'41'39" W across said 2.59 acre tract o distance of II 30.00 feet to o 1/2 inch iron rod set, for o corner; I; j j THENCE N 88'1tf21• W across said 2.59 acre tract a distance of ! I )0.00 feet to o 1/2 :nch iron rod set, for o corner; '' ~ I THENCE N Ol'4 1 '39" [ ocross soid 2.59 ocre trod o distance of l j .50 00 feet to the POINT Of BEGINNING ond contoining 0.021 ceres i 1 (900.00 sq. ft.) of land. 'I I. I' .I '' 'I '' .• ..!. 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