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Home My WebLink AboutOrdinance - 2004-O0125 - Amend Zone Case 2889-A; Specific Use For Communicaiton Tower - 10/28/2004First Reading October 28, 2004 Item No. 44 ORDINANCE NO. 2004-00125 Second Reading November 4, 2004 Item No. 12 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2889-A; A ZONING CHANGE FROM C-4 TO C-4 SPECIFIC USE FOR A COMMUNICATION TOWER ON A PORTION OF TRACT A, COX COMM 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 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 (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 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. 2889-A SECTION 1. THAT Ordinance No. 7084 and the Official Zoning Map are amended as follows: A change of zoning from C-4 to C-4 Specific Use for a communication tower under provisions of Section 29-24 of the Code of Ordinances of the City of Lubbock on a portion of Tract A, Cox Comm Addition, City of Lubbock, Lubbock County, Texas, located at 6013 63rd Street, and being further described as follows: METES AND BOUNDS DESCRIPTION: Attached as Exhibit "A". 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-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)(lO)b of Codified Zoning Ordinance No. 7084 on the property described as a portion of Tract A, Cox Comm 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 ($2,000.00) as provided in Section 29-31 of the Zoning Ordinance of the City of Lubbock. SECTION 4. THAT should any paragraph, sentence, clause, phrase or word of this Ordinance be declared unconstitutional or invalid for any reason, the remainder of this Ordinance shall not be affected thereby. SECTION 5. THAT the City Secretary is hereby authorized to cause publication of the descriptive caption of this Ordinance as an alternative method provided by law. AND IT IS SO ORDERED. Passed by the City Council on first reading this 28th day of October Passed by the City Council on second reading this 4th day of November ATTEST: 0..&e,l:.d.& -~ =< Rebecc1a Garza, City Secretary Zone Case No. 2889-A page-2 of3 2004. 2004. APPROVED AS TO CONTENT: ·or Planner APPROVED AS TO FORM: .-rr---_t -~ c:=/ ~~ --e7-.r- Linda L. Chamales Senior Attorney Office Practice as/cityatt/Linda/ZoneCases/ZC2889-A October 5, 2004 Zone Case No. 2889-A page -3 of3 ,. Exhibit "A" Zone Case No. 2889-A Ordinance No. 2004-00125 HUGO REED AND ASSOCIATES, INC. LAND SURVEYORS CIVIL ENGINEERS 1801 Avenue NI Lubbock, Texas 79401 / 806/763·5642 / FAX 806/763·3891 METES ANO BOUNDS DESCRIPTION of a portion of Tract "A", Cox Comm Addition to the City of Lubbock, Lubbock County, Texas, being further described as follows: BEGINNING at a point which bears North an approximate distance of 94 feet and East an -approximate ·distance of 164 feet from the Westernmost Southwest comer of Tract "A".', Cox Comm Addition to the City of Lubbock, Lubbock County, Texas; THENCE North an approximate distance of 50 feet; THENCE East an approximate distance of 50 feet; THENCE South an approximate distance of 50 feet; THENCE West an approximate distance of 50 feet to the Point. of Beginning. PREPARED FOR ZONE CHANGE REQUEST ONLY; DOES NOT REPRESENT A SURVEY Prepared for: Michael Long Cox Communications October 7, 2004 0 32' SEE LPL Ordinance No. 2004-00125 63rd * NOTICE: 580' NOT SUBDIVIDED Lad Owrli!r. Ja'ne$ R. Mttn ad Li/lies ~ M111n Estrdtl Trut1t ( Vd. 6912. Pg. 150 ) ( R-0-W by Plllf -V<lt 6994,, Pg. 280) S89°59'e: 627 .001 ST. 63rd STREET s wfi.Pi: 580' THE WEST 10' OF THS 30' UUE IS RESERVED FOR SURF ACE \ DRANAGE IMPROVEMENTS. AI..L NORTH-SOUTH UTUTIES J INSTALLED IN THE EASEMENT SHAI..L BE Pl.ACED IN THE EAST 20' OF THE EASEMENT. EAST-WEST UTLITY CROSSINGS ARE PERMITTED ANYWHERE IN THE EASEMENT. Rezone fer CeH Tower Site 10-07-04 __ / TRACT A 10' 10' WATER t,JE EASEMENT -HEREIN GRANTED N89°59'W 500.501 NOT SUBDIVIDED Lr:wi Owner: Shennl:Jn 8 Am HOf)(1 LTD I V<lt 6396. Pg. 128) 500.5' ~ -~ SEE LPL NOT Lr:wiOw I Ve 30' R-0- NOT LmdO..ner.Fi ( Ve 20' lit.IE I VDJ'. ; l!i'x6' SEE-LPL FA/ CHUf l'latRt!c ------------------------------35' DRAl',IAGE EASEMENT HERElN GRANTED ~ 1:f 126.501 ~I r R-0-W _SOUI!:f. LIVE OF SECi!ON :!§._8Lqgf AK ____ £'£'#J... ___ N89°591W s T..--D --NCl?THL.IEOFSEC77(,W29, &OCKAK 001// _ __.. __ }f (fhy_lJ«I.) I (H-0-W /Jyf'fat-~ /831,Pg. 96/) :!? ~ ------381' ---ia,•~.1~ 56' {~~, 53~20'r-~ T ~-I ~-. -~,-T ~ IR p I L ( R-0-W Vl.t 1152. Pg. 290)