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HomeMy WebLinkAboutOrdinance - 2004-O0063 - Amending Ordinance Making Changes: Case No. 1615-I Specific Use/Cellular Transm - 05/25/2004First Reading May 25, 2004 Ite• No. 9 ORDINANCE NO. 2004-o0063 Second Reading June 9, 2004 Ite. No. 18 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 1615-I; A ZONING CHANGE FROM C-3 TO C-3 I SPECIFIC USE FOR A CELLULAR TRANSMISSION TOWER ON A 30-FEET BY I 20-FEET PARCEL OUT OF TRACT A, SOUTH PLAINS ADDITION, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY, PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. I WHEREAS, the proposed changes in zoning as hereinafter made have been duly I 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, I safety and general welfare to make those proposed changes in zoning; and I I WHEREAS, all conditions precedent required by law for a valid amendment to I 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, I 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 I 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: I BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: I I ZONE CASE NO. 1615-I I SECTION 1. I amended as follows: THAT Ordinance No. 7084 and the Official Zoning Map are A change of zoning from C-3 to C-3 Specific Use for a cellular transmission tower under provisions of Section 29-24 of the Code of Ordinances of the City of Lubbock on a 30-feet by 20-feet parcel out of Tract A, South Plains Addition, City of Lubbock, Lubbock County, Texas, located at 6002 Slide Road, subject to conditions and being further described as follows: METES AND BOUNDS DESCRIPTION: Attached as Exhibit "A". SUBJECT TO THE FOLLOWING CONDITION: 1. THAT the tower shall be the proposed stealth facility, installation of the proposed decorative lights is optional. 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 I 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 1 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 a 30-feet by 20-feet parcel out of Tract A, South Plains Addition, City 1 of Lubbock, Lubbock County, Texas. SECTION 3. THAT violation of any provision of this Ordinance shall be ·deemed a misdemeanor punishable by fme not to exceed Two Thousand and No/100 l Dollars ($2,000.00) as provided in Section 29-31 of the Zoning Ordinance of the City of Lubbock. 1 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. 1615-/ page-2 of3 II i AND IT IS SO ORDERED. Passed by the City Council on first reading this 25th day of ___ _;__ __ , 2004. I ATTEST: I !.Q~~~ RciJe4(;(Garza, City Secretary C APPROVED AS TO CONTENT: I I Randy Hens , Senior Planner APPROVED AS TO FORM: . ~c~~~~- 1 Linda L. Chamales Supervising Attorney Office Practice as/cityatt/Linda/ZoneCases/ZC1615-I May 6, 2004 ZoneCaseNo.l615-l page-3 of3 Exhibit "A" Ordinance No. 2004-Q0063 Case No. 1615-1 METES AND BOUNDS DESCRIPTION for a 600.00-square-foot tract of land located in Section 28, Block E-2, Lubbock County, Texas, being further described as follows: BEGINNING at a point that bearsS 01° 47' 51" W, a distance of310.52 feet, and N 89° 53' 10" E, a distance of3543.10 feet, from the northwest corner of Tract A, South Plains Addition to the City of Lubbock, THENCE N 89° 53' 10" E, a distance of30.00 feet; THENCE S 00°06' 50" E, a distance of20.00 feet; THENCE S 89° 53' 10" W, a distance of30.00 feet; THENCE N 00° 06' 50" W, a distance of20.00 feet to the Point of Beginning.