HomeMy WebLinkAboutOrdinance - 2014-O0136 - Zone Case 2909-D - 10/09/2014First Reading Second Reading
September 25, 2014 October 9, 2014
Item No. 7.5 ORDINANCE NO. 2014-00136 Item No. 5.17
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 2909-D; A ZONING CHANGE FROM IHC TO IHC
SPECIFIC USE FOR A 50' TELECOMMUNICATIONS TOWER ON TRACT M,
MILWAUKEE BUSINESS PARK 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 complied with, including giving notices
in compliance with Section 40.01.005 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. 2909-D
SECTION 1. THAT Ordinance No. 7084 and the Official Zoning Map are
amended as follows:
A change of zoning under provisions of Section 40.01.005 of the Code of
Ordinances of the City of Lubbock from IHC to IIIC Specific Use for a 50'
telecommunications tower on Tract M, Milwaukee Business Park Addition,
City of Lubbock, Lubbock County, Texas, located at 6606 66`h Street, subject to
conditions, and being further described as follows:
METES AND BOUNDS DESCRIPTION: Attached as Exhibit "A".
SUBJECT TO THE FOLLOWING CONDITIONS:
1. THAT the zone change be tied to the proposed site plan and
elevations.
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 40.03.3102 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 HIC 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 40.03.3101-
40.03.3103 of Codified Zoning Ordinance No. 7084 on the property described as 6606
66°i Street, 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 40.01.006 of the Zoning Ordinance of the City of
Lubbock.
SECTION 4. THAT should any paragraph, sentence, clause, phrase or word of
Ordinance be declared unconstitutional or invalid for any reason, the remainder of
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 on September 25, 2014
Passed by the City Council on second reading on October 9, 2014
G C. ROAERTSON, MAYOR
ATTEST--
Garza,
TTEST:
Garza, City
Zone Case No. 2909-D
page - 2 of 3
APPROVED AS TOO CONTENT:
Andrew Paxton, Director of Planning
APPROVED ASS TO FORM:
Chad Weaver, City Attorney
Zone Case No. 2909-D
page -3 of
HUGO REED AND ASSOCIATES, INC.
1601 AVENUE N l LUBBOCK, TEXAS 79401 18061763-5642 1 FAX 8061763.3891
TEXAS REGISTERED ENGINEERING FIRM F-760
TEXAS LICENSED SURVEYING FIRM 100676-00
METES AND BOUNDS DESCRIPTION of a portion of Tract "M", Milwaukee Business Park, an Addition to the City
of Lubbock, Lubbock County, Texas being further described as follows:
BEGINNING at a point which bears N. 01 °51'07" E. an approximate distance of 315.8 feet and S. 88008'53" E.
an approximate distance of 44.7 feet from the Southwest corner of said Tract "M":
THENCE N. 01 °51'07" E. an approximate distance of 10.0 feet to a point;
THENCE S. 88°08'53" E. an approximate distance of 10.0 feet to a point;
THENCE S. 01 051'07"W. an approximate distance of 10.0 feet to a point;
THENCE N. 88°08'53" W. an approximate distance of 10.0 feet to the Point of Beginning.
Bearings are Relative to Grid North, NAD 83, Texas Coordinate System, North-Central Zone, City of Lubbock
Geodetic Network and Aerial Control. Distances are surface, U.S. Survey Feet.
Contains 100 square feet
PREPARED FOR ZONE CHANGE REQUEST ONLY; DOES NOT REPRESENT AN ACTUAL SURVEY