HomeMy WebLinkAboutOrdinance - 2007-O0101 - Amending Zone Case No. 3091 Specific Use For A 100 Foot Tall Telecommunicaitons - 09/27/2007First Reading
September 27, 2007
Item No. 6.4
ORDINANCE NO. 2001-00101
Second Reading
October 11, 2007
Item No. 5.8
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND
THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 3091; A ZONING CHANGE FROM C-2 TO C-2
SPECIFIC USE FOR A 100 FOOT TALL TELECOMMUNICATIONS TOWER
ON 630 SQUARE FEET (.014 ACRES) OUT OF LOT D, BLOCK 1 HOBGOOD
ADDITION, LUBBOCK, TEXAS; 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 29-29 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. 3091
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 a 100 foot tall
telecommunications tower under provisions of Section 29-24 of the Code of
Ordinances of the City of Lubbock on 630 square feet (.014 acres) out of Lot
D, Block 1, Hobgood Addition, City of Lubbock, Lubbock County, Texas,
located at 3723 34th 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 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) (24) of Codified Zoning Ordinance No. 7084 on the property described as
3723 34th Street, 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.
AND IT IS SO ORDERED.
Passed by the City Council on first reading this 27th day of September , 2007.
Passed by the City Council on second reading this llt.b day of October , 2007.
ATTEST:
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DAVID A. MILLER, MAYOR
Zone Case No. 3091
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APPROVED AS TO CONTENT:
irector of Planning
APPROVED AS TO FORM:
Linda L. Chamales
Senior Attorney Office Practice
vw/ cityatt/Linda/ZoneCases/ZC309 l
August 27, 2007
Zone Case No. 3091
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