HomeMy WebLinkAboutOrdinance - 2002-O0132 - Amending Zoning Ordinance Case 1437-G; Use For Cellular Transmission Tower - 11/21/2002First Reading
November 21, 2002
Item No. 40
Second Reading
December 12, 2002
Item No. 24
ORDINANCE NO. 2002-00132
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 1437-G; A ZONING CHANGE FROM C-2 TO C-2
SPECIFIC USE FOR A CELLULAR TRANSMISSION TOWER, ZONING ON
THE NORTHWEST PORTION OF LOT 3, HOLLIDAY 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 compiled with, including giving notices
in compliance with Section 29-24 ( c )(1 0) 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. 1437-G
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 of the Code of
Ordinances of the City of Lubbock from C-2 to C-2 Specific Use zoning district
for a cellular transmission tower, on the Northwest portion of Lot 3, Holliday
Addition, City of Lubbock, Lubbock County, Texas, located at 306 Toledo Ave.
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) (10) of
Codified Zoning Ordinance No. 7084 on the property described as the Northwest
Portion of Lot 3, Holliday Addition, 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 21st day
Passed by the City Council on second reading this 12th day of Dec. , 20
ATTEST:
APPROVED AS TO FORM:
~ .. ~c~
Linda L. Chamales, Supervising Attorney
Office Practice
Ttkle«icw;/ZCl437-G
Novembcr 12.2002
Zone Case No. 1437-G
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