HomeMy WebLinkAboutOrdinance - 2009-O0039 - Amending Zoning Ordinance To Make Changes: Case NO. 3119 - 04/27/2009First lleading
April 27, 2009
Itea No. 6.2
ORDINANCE NO. 2009-oOOJ9
Second hading
May 14, 2009
Itea Mo. 5.11
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND
THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 3119; A ZONING CHANGE FROM R-1 TO C-4
SPECIFIC USE FOR A 150 FOOT TALL COMMUNICATIONS TOWER ON
.0574 ACRES OF UNPLATTED LAND OUT OF BLOCK A, SECTION 9,
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. 3119
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 R·l to C-4 Specific Use for a 150 foot
tall communications tower on .0574 acres of unplatted land out of Block A,
Section 9, City of Lubbock, Lubbock County, Texas, located at 4801 North
Interstate 27, subject to conditions, and being further described as follows :
II
METES AND BOUNDS DESCRIPTION: Attached as Exhibit "A".
SUBJECT TO THE FOLLOWING CONDITIONS:
1. THAT the site plan and elevation as presented to the Planning and
Zoning Commission must be strictly adhered to.
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 Pennit 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 R-1 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 pennitted under provision of Section
29-24(c)(24) of Codified Zoning Ordinance No. 7084 on the property described as 4801
North Interstate 27, 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 April '2009.
Passed by the City Council on second reading this 14th day of __ Ka--=-y ___ , 2009.
:::/Z,/4~-
TOM MARTIN, MAYOR
Zone Case No. 3119
page -2 of 3
ATTEST:
APPROVED AS TO CONTENT:
APPROVED AS TO FORM:
c/Uk
Chad Weaver
Assistant City Attorney
vw/City Att/Chad/Zones/ZC3ll9
April 2, 2009
Zone Case No. 3119
page -3 of3
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Ordinance No. 2009~0039
HUGO REED AND ASSOCIATES. INC.
CIVIL ENGINEERS
FAA CERTIFICATION
Re: LB-Airport-Bartlett
Lubbock. Texas
1101 ~ N I ~.~Moe*.,._ 7'0401/ aoenewe42/ FWC 801117es.aD1
I certify that the above proposed tower site is at latitude 33°38'49.05964"(N) and longitude
101 °50'20.7080l(W) and that the site elevation is 3,227.85 feet AMSL. These coordinates are accurate to
within ± 20 feet horizontally; and the elevation is accurate to within± 3 feet vertically. The horizontal datum
(coordinates) are in terms of the North American Datum 1983 (NAD 83) and ate expressed as degrees,
minutes and seconds, to the nearest hundredth of a second. The vertical datum (heights) are in terms of the
National Geodetic Vertical Datum of 1929 an4 are determined to the nearest foot. This data is the result of an
"On The Ground Survey" and meets requirements of an FAA 1-A Certification.
March 6, 2009
Brent Carroll
Registered Professional Land Surveyor
No. 5410 State of Texas