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Home My WebLink AboutOrdinance - 10089-1998 - Zone Case 2822 Zoning Change C-4, R-3, And M-I To M-1 Specific Use Dairy - 08/27/1998! I I I First: Reading · It:em Ho. 30 August: 27, 1998 Second Reading lt:em Ho. 11 September 10, 1998 ORDINANCE NO. 10089 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2822; A ZONING CHANGE FROM C-4, R-3 AND M-1 TO M-1 SPECIFIC USE ZONING FOR DAIRY EXPANSION ON LOTS 1-13, BLOCK 47, TEW SUBDIVISION, LOTS 7 AND 18, BLOCK 1, PERKINS SUBDIVISION, LOTS 7-12 AND LOTS 25 AND 26, BLOCK 4, PERKINS SUBDIVISION AND TRACT A, BELL DAIRY 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 finds 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 29-29 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 the proposed amendment, and the public hearing according to said notice, was duly 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 determined by the City Council 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. 2822 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(c)(24) of the Code of Ordinances of the City of Lubbock :from C-4, R-3 and M-1 to M-1 Specific Use for dairy expansion on Lots 1-13, Block 47, Tew Subdivision, Lots 7 and 18, Block 1, Perkins Subdivision, Lots 7-12 and Lots 25 and 26, Block 4, Perkins Subdivision and Tract A, Bell Dairy Addition, City of Lubbock, Lubbock County, Texas, located between 3ro and rt Streets east of University, and being further described as follows: BEGINNING at the Southeast comer of Lot 18, Block 1, Perkins Subdivision of the Roberts and McWhorter Addition to the City of Lubbock, same being in the North right-of-way line ofrd Place; THENCE South, at 50.00 feet pass the Northeast comer of Lot 7, Block 4, Perkins Subdivision, and continuing along the East line of said Lot 7, Block 4, for a total distance of 177.50 feet to the Southeast comer of said Lot 7, Block 4, same point being in the North line of a 20 foot alley; THENCE West, along the North line of said 20 foot alley and the South lines of Lots 7 thru 12, 25 and 26, Block 4, Perkins Subdivision, a total distance of 400.30 feet to the Southwest comer of Lot 26, Block 4, Perkins Subdivision; THENCE North, along the West line of said Lot 26, Block 4, a distance of 127.50 feet to the Northwest comer of said Lot 26, Block 4, same point being the Northeast comer of Lot 27, Block 4; THENCE West, along the South right-of-way line of 2nd Place and the North lines of Lots 27 thru 30, Block 4, a distance of 183.26 feet to the Northwest comer of Lot 30, same being a point in the East right-of-way line of University Avenue; THENCE North, along the East right-of-way line of University Avenue, at 50.00 feet pass the Southwest comer of Tract "A", Bell Dairy Addition, at 302.85 feet pass the most westerly Northwest comer of said Tract "A", and continuing for a total distance of 349.54 feet to a point in the South line of the Seagraves, Whiteface and Lubbock Railroad right- of-way; THENCE North 53°52'57" East, along the South line of said Seagraves, Whiteface, and Lubbock Railroad right-of-way, a distance of 691.62 feet to a point of intersection with the West right-of-way line of Avenue "X"; THENCE South, along the West right-of-way line of Avenue "X" and the East lines of Lots 9 thru 12 of the Tew Subdivision of the Roberts and McWhorter Addition, at 227.21 feet pass the Southeast comer of Lot 9, said Tew Subdivision, at 247.21 feet pass the Northeast comer of Lot 8 of the Tew Subdivision, continuing along the West right-of-way line of Avenue "X" and the East line of said Lot 8, at 372.21 feet pass the Southeast corner of said Lot 8, same point being in the North right-of- way line of 2nd Street, continuing for a total distance of 432.21 feet to a point in the South right-of-way line of 2nd Street and in the North line of Lot 7, Block 1, Perkins Subdivision of the Roberts and McWhorter Addition; THENCE East, along the South right-of-way line of 2nd Street and the North line ofsaid Lot 7, Block 1, a distance of24.86 feet to the Northeast comer of said Lot 7; THENCE South, along the East line of said Lot 7, Block 1, at 127.50 feet pass the Southeast comer of said Lot 7, same being in the North line of a 20 foot alley, at 147.50 feet pass the Northeast comer of Lot 18, Block 1, Perkins Subdivision same being a point in the South line of said 20 foot alley, continuing along the East line of said Lot 18, a total distance of 275.00 feet to the Southeast comer of said Lot 18 and the POINT OF BEGINNING. SECTION 2. TIIAT the granting of this specific use zoning is hereby made subject to compliance to 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, R-3 and M-1 zone Zone Case No. 2822 Page2of3 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)(24) of Codified Zoning Ordinance No. 7084 on the property described as Lots 1-13, Block 47, Tew Subdivision, Lots 7 and 18, Block 1, Perkins Subdivision, Lots 7-12 and Lots 25 and 26, Block 4, Perkins Subdivision and Tract A, Bell Dairy Addition, City of Lubbock, Lubbock County, Texas. SECTION 3. THAT violation of any provisions of this Ordinance shall be deemed a misdemeanor punishable by a fine not to exceed Two Thousand and Noll 00 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 27th day of August Passed by the City Council on second reading this .J.D.th.. day of September ALS:dl<\ccocs\ZC2822.0RD AulfllS!I2. 1998 enior Planner Zone Case No. 1822 PageJofJ • 1998. ' 1998. LUBBOCK AVALANCHE-JOURNAL Morris Communication Corporation LUBBOCK AVALA. CHE-JOURNA Morris Communication Corporation I&COJIIP Re4DIIIO ORDINAHCI ' WITII PI!NAI.TY ORDINANC:I! NO. 11"' AN ORPII'ti.\NC! AMENDING JONINO t)RPINANCI! ftiO, 70U AND THE OFFICIAL MAP OF THE CITY OF LUBIIOCK MAK· IN 6T-H E F,O L L 0 WING , CHAI'IGJ:S: lONE C:ASE NO. 11122; ;1 A ZOI'IING CHAt.IG! FROM j;;.,j, ~! 111·1 ANI) M-1 TO M·l "•eCIFic ·.;.USE ZONING FOR DAIRY I!X· f PANIION ON LOTll ·t-13, BLOCK .7. Tf!W JUIIDIVISION, LOTS 1 AND 18. BLOCK 1, PERI<INSIUII-DIVISION, LOTI 1-11 AND LOTI f t5 AND t6. 11-0Ck 4. II'I!!IRKINS , IUBPIVIIION ANP TRACT A, 1· .. 11'1..1-DAIIIY ADDITION, Lila. JOCK, TEXAII PROV!I)ING A ' JIENAL TY 1. PROVIDING A IAV· THE STATE OF TEXAS COUNTY OF LUBBOCK LUBBOCK AVALA CUE-JOURNAL Morris Communication Corporation /()() 9'1