HomeMy WebLinkAboutOrdinance - 2010-O0083 - Amending Zoning Ordinance 7084. Zone Case 1320-B Kmart Plaza - 10/28/2010First Reading
October 28, 2010
Item No. 6.2
ORDINANCE NO. 2010-00083 -------
Second Reading
November 4, 2010
Item No. 5.7
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 1320-B; A ZONING CHANGE FROM C-4 TO C-4
SPECIFIC USE FOR A 130 FOOT TALL COMMUNICATIONS TOWER ON
MIDDLE PORT OF TRACT C, KMART PLAZA 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 29-29 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. 1320-B
SECTION 1. THAT Ordinance No. 7084 and the Official Zoning Map are
amended as follows:
A change of zoning under provisions of Section 29-24 of the Code of Ordinances
of the City of Lubbock from C-4 to C-4 Specific Use for a 130 foot tall
communications tower on Middle Port of Tract C, Kmart Plaza Addition,
City of Lubbock, Lubbock County, Texas, located at 1111 West Loop 289,
subject to conditions, and being further described as follows:
SUBJECT TO THE FOLLOWING CONDITIONS:
1. THAT the tower may support only the microwave dishes and/or any
cell antennae of the Region 17 Service Center versus the normal
requirement of two users minimum, although this condition does not
limit rental to another user if the technology is compatible and the
tower has the strength to support additional users.
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 )(24) of
Codified Zoning Ordinance No. 7084 on the property described as 1111 West 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/1 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.
AND IT IS SO ORDERED.
Passed by the City Council on first reading on ____ oc_t_o_b_e_r_2_8=-' _2_0_1_0 ___ _
Passed by the City Council on second reading on November 4, 2010 -------~------
TOM MARTIN, MAYOR
Zone Case No. 1320-B
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ATTEST:
APPROVED AS TO CONTENT:
ctor of Planning
Chad Weaver
Assistant City Attorney
vw/City Att/Chad/Zones/ZC 1320-B
October 7, 2010
Zone Case No. 1320-B
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