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HomeMy WebLinkAboutOrdinance - 2002-O0025 - Amending Zoning Ordinance To Make Changes: Zone Case 1490-Q - 02/28/2002First Reading February 28, 2002 Item No. 47 Second Reading March 14, 2002 Item No. 19 ORDINANCE NO. 2002-00025 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 1490-Q; A ZONING CHANGE FROM C-4 TO C-4 SPECIFIC USE ZONING FOR A 180-FOOT TELECOMMUNICATIONS TOWER ON A 1,600 SQUARE FOOT TRACT OF LAND OUT OF LOT 4, FIESTA AUTOLAND CENTER, 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 Colmcil and, after due consideration, the City Council finds 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 3211.007 (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 the proposed amendment, and the public hearing according to said notice, was duly 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 determined by the City Council 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 N0.1490-Q SECTION 1. THAT Ordinance No. 7084 and the Official Zoning Map are amended as follows: A change of zoning under the provisions of Section 29-24(c)(24) of the Code of Ordinances of the City of Lubbock from C-4 to C-4 Specific Use for a 180-foot telecommunications tower on a 1,600 square foot tract of land out of Lot 4, Fiesta Autoland Center, City of Lubbock, Lubbock County, Texas, located at 4801 South Loop 289 and being further described as follows: Being a 0.037 acre tract or parcel of land out of Lot 4, Fiesta Autoland Center, an addition to the City of Lubbock, Lubbock, Texas, according to the Map, Plat and/or Dedication Deed thereof recorded in Volume 1363, Page 129, Deed Records of Lubbock County, Texas, said 0.037 being more particularly described by metes and bounds as follows: COMMENCING at a point which bears South 1320.00 feet and S 89°56'00" E 2229.58 feet from the Northwest corner of Section 10, Block E-2, Lubbock County, Texas; THENCE North 00°00'00" West with the East line ofthat certain Tract M, Fiesta Autoland Center an addition to the City of Lubbock, Lubbock County, Texas, according to deed in Volume 4615, Page 317, the West line of the said Lot 4 a distance of 225.00 feet to the POINT OF BEGINNING; THENCE North 00°00'00" West with the East line of the said Tract M, the West line of the said Lot 4 and being the West line of the herein described tract for a distance of 40.00 feet to a point in the East line of the said Tract M, a point in the West line of the said Lot 4 and being the Northwest corner of the herein described tract; THENCE South 90°00'00" East over and across the said Lot 4 and being the North line of the herein described tract for a distance of 40.00 feet to a point marking the Northeast corner of the herein described tract; THENCE South 00°00'00" East over and across the said Lot 4 and being the East line ofthe herein described tract for a distance of 40.00 feet to the Southeast corner of the herein described tract; THENCE North 90°00'00" West over and across the said Lot 4 and the South line of the herein described tract for a distance of 40.00 feet to the POINT OF BEGINNING and containing 1600 square feet or 0.037 acre of land more or less. 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 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 a 1,600 square foot tract of land out of Lot 4, Fiesta Autoland Center, City ofLubbock, Lubbock County, Texas. SECTION 3. THAT violation of any provisions of this Ordinance shall be deemed a misdemeanor punishable by a 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. Zone Case No. 1490-Q Page1of3 AND IT IS SO ORDERED. Passed by the City Council on first reading this 28th day of February Passed by the City Council on second reading this 14th day of March APPROVED AS TO FORM: .......---_,__..~~ c~____e:___ Linda L. Chamales, Supervising Attorney, Office Practice Section LLC:cp/ZCI490-Q.ORD Ccdocs/02/18/02 Zone Case No. 1490-Q Page 3 of3 '2002. '2002.