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HomeMy WebLinkAboutOrdinance - 2002-O0118 - Amend Zone Ordinance: Case 1153-M; Specific Use For 190 Ft. Communication T - 10/24/2002First Reading October 24, 2002 Item No. 44 Second Readi1:1.g November 14, 2002 Item No. 17 ORDINANCE NO. 2002-oous AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 1153-M; A ZONING CHANGE FROM IHC TO IHC SPECIFIC USE FOR A 190 FOOT COMMUNICATIONS TOWER, ZONING ON TRACT 2 OF LOT C, SECURITY PARK DEVELOPMENT 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 compiled with, including giving notices in compliance with Section 29-18 and 29-20 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 Ordinances 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. 1153-M 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 (24) of the Code of Ordinances of the City of Lubbock from IHC to IHC Specific Use zoning district for a 190 foot communications tower, on Tract 2 of Lot C, Security Park Development Addition, City of Lubbock, Lubbock County, Texas, located at 5211 Brownfield Hwy and being further described as follows: Metes and Bounds description of a 50 ft. X 50 ft. tract of land, which is located in Section 6, Block E-2, City Bank Addition, Tract C, Lubbock, County, Texas, being further described as follows: Beginning at a point described as the Southeast corner of this tract, said point being located 64.5 feet N. 90°00'00" E. and 15.0 feet N. 89°55'05" W. of the Southeast corner of Tract C; THENCE, N. 89°55'05" W. for a distance of 50.0 feet to a point; THENCE, N. 90°00'00" E. for a distance of 50.0 feet to a point; THENCE, S. 89°55'05" E. for a distance of 50.0 feet to a point; THENCE, S. 90°00'00" E. for a distance of 50.0 feet to the POINT OF BEGINNING. 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 (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 IHC 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 Tract 2 Lot C, Security Park Development Addition, City of Lubbock, Lubbock County, Texas. SECTION 3. 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. I SECTION 4. THAT the City Secretary is hereby authorized to cause publication 1 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 24thday of October, 2002. ATTEST: ~~ Rebecca Garza, City Secretary Zone Case No. 1153-M page-2 of3 APPROVED AS TO FORM: _c ~~r:%,~~ Linda L. Chamales, Supervising Attorney Office Practice TK/CCDOCS/C!TY ATT/LINDA/7.cll53·M October 16, 2002 Zone Case No. 1153-M page-3 of3