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HomeMy WebLinkAboutOrdinance - 2003-O0055 - Ordinance Amending Ordinance Making Chance: Case No. 2191-D; Spec. Use Billboard - 05/22/2003First Reading May 22,, 2003 Item No. 37 ORDINANCE NO. 2003--00055 Second Reading June 12,, 2003 Item No. 46 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2191-D; A ZONING CHANGE FROM C-3 TO C-4 SPECIFIC USE FOR A BILLBOARD ON AN UNPLATTED TRACT OF LAND OUT OF SECTION 9, BLOCK JS, 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 re;;ceived 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 29-24 of the Code of Ordinances, City of Lubbock, Texas, and the notices provided by the Texas Local Government Code §211.007 (V emon, 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. 2191-D SECTION 1. THAT Ordinance No. 7084 and the Official Zoning Map are amended as follows: A change of zoning from C-3 to C-4 Specific Use for a billboard and all unconditionally permitted C-3 uses under provisions of Section 29-24 of the Code of Ordinances of the City of Lubbock, on an unplatted tract of land out of Section 9, Block JS, City of Lubbock, Lubbock County, Texas, located at 6410 19th Street, subject to conditions, and being further described as follows: METES AND BOUNDS DESCRIPTION: Attached as Exhibit "A". SUBJECT TO THE FOLLOWING CONDITIONS: a. That the structure shall be updated to a monopole steel structure. b. That the billboard shall be a maximum of 300 square feet. c. That the front setback shall be 43 feet as required for billboards in the C-4 District. d. That setback from a residential zoned district may be less than 80 feet. e. That reconstruction shall be accomplished by February 1, 2004. 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-3 zone districts; 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)(22) of Codified Zoning Ordinance No. 7084 on the property described as an unplatted tract of land out of Section 9, Block JS, 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 22nd day of ___ Ma---=y'--_ _, 2003. Passed by the City Council on second reading this 12th day of June , 2003. 4~ ~~MAYOR ATTEST: R~~i~eclr• r Zone Case No. 2191-D page2 of 4 APPROVED AS TO FORM: ,---L/ , / L-✓ ,,,,,,,,-;) .. '? ~ . /.? ., ~--"--' c::;,¥ C--~~ ,~,.,........- Linda L. Chamales, Supervising Attorney Office Practice ke/ccdocs/ZC219 l-D July 28, 2003 Zone Case No. 2191-D page 3 of 4 0.2 Acres C-4 Specific Use EXHIBIT "A" to ZONE CASE 2191-D Ordinance No. 2003-00055 METES AND BOUNDS DESCRIPTION for a 0.2 acre tract located in Section 9, Block J-S, Lubbock County, Texas, being further described as follows: BEGINNING at a point in the South line of Section 9, Block J-S which bears East an approximate distance of 510.0 feet from the Southwest corner of Section 9, Block J-S, Lubbock County, Texas; THENCE North an approximate distance of 185.00 feet; THENCE East an approximate distance of 50.0 feet; THENCE South an approximate distance of 185.0 feet to a point in the South line of Section 9, Block J-S; THENCE West, along the South line of Section 9, Block J-S, an approximate distance of 50.0 feet to the Point of Beginning. Zone Case No. 2191-D page 4 of 4