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HomeMy WebLinkAboutOrdinance - 2018-O0054 ZC 3341 - Amending Zoning Ordinance No. 7084 - 04/26/2018First Reading April 26, 2018 Item No. 7.2 I 1 1 AID r.IEIIIIIJtm Second Reading May 10, 2018 Item No. 7.4 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 3341; A ZONING CHANGE FROM T TO IHC ZONING DISTRICT ON 4.882 ACRES OF UNPLATTED LAND OUT OF BLOCK AK, SECTION 44, 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, the 2040 Interim Future Land Use Plan is a guide to help the Lubbock Planning and Zoning Commission and the City Council determine the physical development of the community; however, planning is a continuous process and change is inevitable; and WHEREAS, the Lubbock Planning and Zoning Commission and City Council recognize that the zone change is a minor deviation from the 2040 Interim Future Land Use Plan, which protects the public and private commitments that have been previously based on the Plan; 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.3341 SECTION 1. THAT Ordinance No. 7084 and the Official Zoning Map are amended as follows: A change of zoning under the provisions of Section 40.01.005 of the Code of Ordinances of the City of Lubbock from T to IHC zoning district on 4.882 acres of unplatted land out of Block AK, Section 44, City of Lubbock, Lubbock County, Texas, located at Southwest corner of 19' Street and West Loop 289, and being further described as follows: METES AND BOUNDS DESCRIPTION: Attached as Exhibit "A". SECTION 2. 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 3. 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 4. 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 April 26, 2018 Passed by the City Council on second reading on May 10, 2018 , APPROVED AS TO CONTENT: Lata Krishnarao, Interim Director of Planning APPROVED AS TO FORM: Justin . Pru , Assi ant City Attorney vw/cityatt/Justin/ZoneCase/ZC3341 April 5, 2018 Zone Case No. 3341 page - 3 of 2 EXHIBIT `jA" Page I of 10 County: Lubbock November 10, 2014 Highway: STATE HIGHWAY LOOP 289 & STATE HIGHWAY 114 (i9Ta STREET) R.O.W. CSJ: 0783-02-087 Description for Surplus Tract No. 5 BEING 212,668 square feet tract of land, more or less, in the W.D. Mayfield Survey, Abstract Number 1395, in Section 44, Block AK, EL&RR Railroad Company Survey, City of Lubbock, Lubbock County, Texas, and being part of that certain called 27,622 acre tract of land described by deed to The State of Texas, as recorded in Volume 819, Page 17, Deed Records of Lubbock County, Texas, said 212,668 square feet of land being more particularly described by the metes and bounds as follows: COMMENCING at a V2 inch steel rod with yellow cap marked "Hugo Reed & Associates" (controlling monument) found for the common northeast corner of that certain called 0.980 acre tract of land described by deed to BFS Retail & Commercial Operations, LLC., as recorded in Volume 7387, Page 332, of said Deed Records and the northwest comer of Lot 4, as depicted on an addition entitled "Lot 4, Crossroads Addition To The City Of Lubbock, Lubbock County, Texas" as recorded in Volume 1957, Page 910, of said Deed Records, being in the common south line of that certain called 0.571 acre tract of land described by deed to The State of Texas, as recorded in Volume 502, Page 315, of said Deed Records and the south right of way line of State Highway 114 (130 foot right of way); THENCE South 88 degrees 10 minutes 17 seconds East, along said south right of way line of State Highway 114, also being the common the south line of said 0.571 acre tract of land and the north line of said Lot 4, passing at a distance of 125.00 feet the common northeast corner of said Lot 4 and the northwest comer of Lot 2, as depicted on an addition entitled "Lot 2, Crossroads Addition To The City Of Lubbock, Lubbock County, Texas" as recorded in Volume 1928, Page 39, of said Deed Records, continuing along said south right of way line of State Highway 114, and the common south line of said 0.571 acre tract of land and the north line of said Lot 2, in all a total distance of 160.00 feet to a to an "X" set in concrete for the POINT OF BEGINNING (surface coordinate North 7,274,937.87, East 918,849.14), being in the existing said south right of way line of State Highway 114; 1) THENCE South 88 degrees 10 minutes 17 seconds East, along said south right of way line of State Highway 114 and the north right of way line of State Highway Loop 289, (a variable width right of way)(the common north Iine of said 27.622 acre tract of land and the south line of said 0.571 acre tract of land), a distance of 240.33 feet to a 1i2 inch steel rod with a yellow cap marked "AZB" set; EXHIBIT "A" Page 2 of 10 County: Lubbock November 10, 2014 Highway: STATE HIGHWAY LOOP 289 & STATE HIGHWAY 114 (19"' STREET) R.O.W. CSJ: 0783-02-087 Description for Surplus Tract No. 5 THENCE departing said south right of way of State Highway 114 and said north right of way Iine of State Highway Loop 289, being the northerly line of said 27.622 acre tract of land, over and across said 27.622 acre tract of land and along the proposed southerly and westerly right of way line of State Highway Loop 289 the following twelve (12) courses and distances; 2) South 81 degrees 01 minutes 31 seconds East, a distance of 124.73 feet to a 1/2 inch steel rod with a yellow cap marked "AZB" set; 3) South 88 degrees 10 minutes 17 seconds East, a distance of205.97 feet to a 1/2 inch steel rod with a yellow cap marked "AZB" sct for the beginning of a tangent curve to the right; 4) Southeastwardly, along said tangent curve to the right with a central angle 87 degrees 59 minutes 30 seconds, a radius of 185.00 feet, and an arc length of 284.11 feet, the chord of said curve bears South 44 degrees 10 minutes 31 seconds East a distance of 257.00 feet to a 1/2 inch steel rod with a yellow cap marked "AZB" set; 5) South 00 degrees 10 minutes 46 seconds East, a distance of 12.93 feet to a 1/2 inch steel rod with a yellow cap marked "AZB" set; 6) South 89 degrees 49 minutes 14 seconds West, a distance of 40.00 feet to a point; 7) South 00 degrees 10 minutes 46 seconds Last, a distance of 40.00 feet to a point: 8) North 89 degrees 49 minutes 14 seconds East, a distance of 40.00 feet to a 1/2 inch steel rod with a yellow cap marked "AZ13" set; 9) South 00 degrees 10 minutes 46 seconds East, a distance of 78.16 feet to a 1/2 inch steel rod with a yellow cap marked "AZB" set for the beginning of a tangent curve to the left; 10) Southwardly, along said tangent curve to the left with a central angle 06 degrees 45 minutes 27 seconds, a radius of 2,435.00 feet, an are length of 287.18 feet, the chord of said curve bears South 03 degrees 33 minutes 30 seconds East a distance of 287.01 feet to a 1/2 inch steel rod with a yellow cap marked "AZB" set; EXHIBIT "Air Page 3 of t0 County: Lubbock November 10, 2014 Highway: STATE HIGHWAY LOOP 289 & STATE HIGHWAY 114 (19Trj STREET) R.O.W. CSJ: 0783-02-087 Description for Surplus Tract No. 5 11) South 06 degrees 56 minutes 13 seconds East, a distance of 218.49 feet to a 1/2 inch steel rod with a yellow cap marked "AZB" set for the beginning of a tangent curve to the right; 12) Southwestwardly, along said tangent curve to the right with a central angle 68 degrees 54 minutes 46 seconds, a radius of 15.00 feet, an arc length of 18.04 feet, the chord of said curve bears South 27 degrees 31 minutes 10 seconds West a distance of 16.97 feet to a 1/2 inch steel rod with a yellow cap marked "AZB" set; 13) South 61 degrees 58 minutes 51 seconds West, a distance of 45.96 feet to a 1/2 inch steel rod with a yellow cap marked "AZB" set in the common existing west right of way line of State Highway Loop 289 and the west line of said 27.622 acre tract of land, from which a 1/2 steel rod (controlling monument) found bears South 61 degrees 58 minutes 51 seconds West, a distance of 15.00 feet for the common southern end of a curve with a radius of 15.00 feet connecting the western right of way line of said State Highway Loop 289 and the northerly line of 2151 Street (60' right of way) (for the most southerly southeast corner of that certain called 1.769 acre tract of land described by deed to Wayland Baptist University recorded in Volume 5901, Page 323 of said Deed Records), being in the north right of way line of said 21" Street; 14) THENCE North 28 degrees 01 minutes 16 seconds West, along said existing westerly right of way line of State Highway Loop 289, the westerly line of said 27.622 acre tract of land the following passing calls: a. along the existing east right of way line of said 21" Street, at a distance of 15.00 feet the north end of said curve with a 15.00 feet radius connecting the western right of way line of said State Highway Loop 289 and the northerly line of 21" Street (for die most northerly southeast corner of said 1.769 acre tract of land), b. along the east line of said 1.769 acre tract of land, at a distance of 423.26 feet a 1/2 inch steel rod (controlling monument) found for the common northeast corner of said 1.769 acre tract of land and the most easterly southeast comer of the aforesaid Lot 2, C. along the most easterly east line of said Lot 2, at a distance of 658.26 feet the most easterly northeast corner of said Lot 2 and southeast corner of that certain called 49,364 square foot tract of land described by deed to Densyl Properties, LTD., as recorded in Volume 6164, Page 174, of said Deed Records, and along the east line of said 49,364 square foot tract of land, in all a total distance of 720.97 feet to a 1/2 inch steel rod with a yellow cap marked "AZB" set for the beginning of a tangent curve to the left; EXHIBIT "A" County: Lubbock Page 4 of 10 November 10, 2014 Highway: STATE HIGHWAY LOOP 289 c& STATE HIGHWAY 1 14 (19Ttt STREET) R.O.W. CSJ: 0783-02-087 Description for Surplus Tract No. 5 15) THENCE Northwestwardly, continuing along the said existing westerly right of way line of State Highway Loop 289, the westerly line of said 27.622 acre tract of land, and along said tangent curve to the left with a central angle 60 degrees 09 minutes 00 seconds, a radius of 477.00 feet the following passing calls: a. and along the east line of said 49,364 square foot tract of land, at an arc distance of 342.72 feet a "crows foot" cut in concrete (controlling monument) found for the common northwest comet- of said 49,364 square foot tract of land and the northeast comet, of that certain called 0.987 acres tract of land as described in deed to McDonalds Corporation, as recorded in Volume 1956, Page 659 of said Deed Records, b, and along the north line of said 0.987 acre tract of land, at an arc length of 495.07 feet for the common northwest corner of said 0.987 acre tract of land and the northeast corner of the aforesaid Lot 2, and along the most northerly north Iine of said Lot 2, in all a total arc length of 500.76 feet, the chord of said curve bears North 58 degrees 05 minutes 46 seconds West, a distance of 478.08 feet to the POINT OF BEGINNING and containing 212,668 square feet j4.882 Acres] of land, more or less. Basis of Bearings is the Texas Coordinate System of 1983, Texas North Central Zone (4202) North American Datum 1983 (N.A.D. 83) as determined by GPS observations using the TxDOT VRS network. All coordinates listed are adjusted to surface, with a grid to surface adjustment factor of 1,00011 (Lubbock County). A survey plat of even survey date herewith accokupanics this field note description. I, E. David Utzman, a Registered Professional Land Surveyor in (lie State of Texas, hereby certify that this land description and attached plat accurately depict an actual survey made on the ground under my supervision on November 10, 2014. 0 r- r ash co E C)AVIU I E. David U#zman '�4y °�assI- t Date Registered Profess onal La `' jv� 'e}� Texas No. 4607''' -u i) in tA o i,bz-um n-n(n - C) Lam In q -q (A 00 -up -0 -4 > -��=jTcqom ;,D 1 0 ,.< C 0 0 Enen(A I, CIO -4 m In In N ZIA mnmrf0 wo-n-nIA M f"0010M C,3rc=c-i -4 ryl zn 0 ztn 1. Of co Tp 0 > c U) u -�-CD M* >0) ocr 6aig -, oc-) a) �Eo;u> -D <0--im -1co -u c) > r- n (A 0 M L C) (1) cr) IQ C7 40 cn M 0 mc.) --j> (Z-CU->- -4ir7u Ocz a] m 03 ZZ of x > Un m 0 CITY of' f ljl3no(:;( MONT Y. WXAS o V L. 95V "lle)I-3 o /o X c� C*j :I= ma MOW. [7' 1114 r9, EN06 ioq CD co ro ca -4 41 -4 17 71Z , 41� STATE HIGHWAY LOOP 289 Orr, PIS 68 aMp'n >-, . mwz 4 C3 is ca (VARIABLE WIDTH R O.W.) �Uo-F;y I_* C—D ma rttlo rn 0 in 0. 1 C. �2.2. tn- Ln Lnmo M m ftl no wc2a J,, M cl. -ZIA c; fn STATE HIGHWAY 114 (AKA 19TH STREET) (130' WIDE R.O.W.) U v EXHIBIT "A" PA(-,F R ni= 1n STATE OF TEXAS —� VOL.181. PG. 224 D.P..L.C.T (20'STRIP) CALLED 0.760 AC. STATE OF TEXAS VOL. 502tPR dal 115' ST 1P)) CALLED 0.57� AC. EXISTING RIGHT OF _ DELTA - 60.09'00" (LT) RADIUS - 477.00' CHORD BEEAARI G �G 458" 05'4s W _ CHORD DISTANCE - 478.08' WAY LINE - S88.10'17"E - 160.00' 1_ VT" SRF W/M)CO REED .. Y ASSCC. CAP (Cu) t, v P.O.B. COORDINATES NORTHING: 7,274,937.87 FASTING: 918,849.14 X� 3 m LOT 4, CROSSROAD ADDITION X CITY OF LUBBOCK z 2 � LUBBOCK COUNTY T£kAS VOL. 1957, PG. 9fO D.R.L.C.T. pow>- ¢OzQs ,cn N ovx0.ti O=WUtOJ 4vn) o ccq O �Qm JC] O N Y7 U O O m _ LEGEND_ PROPOSED ROW LINE EXISTING ROW LINE — PROPERTY LINE �-- COUNTY LINE DENIAL OF ACCESS LINE SURVEY LINE LINE FENCE LINE .CITY LIMITS _..._,._...._..�_.. EASEMENTS -- — - RAILROAD STRUCTURES (D 1/2" SRS W/YELLOW CAP STAMPED AZB !UNLESS OTHERWISE NOTED) ;SRS - STEEL ROD SET SPF - STEEL PIPE FOUND 5RF - STEEL ROD FOUND = P.0 C. - POINT OF COMMENCING P.O S. - POINT OF BEGINNING EXISTING J -RIGHT OF WAY LINE STATE OF TEXAS VOL. 81% PC, 17 D.R.L.C.T. CALLED 27.622 AC. } Q S88.10'17"E - 240"33' MCDONALOS CORPORATION VOL. 1956, PG. 659 D.R.L.C.T. CALLED 0.987 AC. �a I .. Nr$ L6 4 �� i z o ga (n N c UDODo ' Q CD LY_ ED N V) N J CL a cn SCALE IN FEET 0 30 60 90 120 SCALEf 1"-60' _ A PLAT OF A SURVEY OF SURPLUS TRACT NO.5 FOR LOOP 289 & 19TH STREET R,O.W, CST 0783 02-087 - 212,668 SQ.FT, 14.882 AC.- TRACT OF LAND IN THE W.D. MAY FIELD SURVEY ABSTRACT NUMBER 1395 CITY OF LUBBOCK LUBBOCK COUNTY,TEXAS NOVEMBER 10, 2014 M LEGEND PROPOSED ROW LNE EXISTING ROW LIN; PROPERTY LIN' COUNTY LINE DENIAL orACCESS LINE `suevc, LINE '- --��-- — FENCE LINE on cu//s -------'—_ ISRF STEEL ROD FOUND oCms �N FEE;- 0 ao so ou ou SCALE: t-60' A PLAT OF A SURVEY OF SURPLUS TRACT NO.5 FOR LOOP 289 & 19TH STREET ROYY.C3J;O7D3'O2'O87 212,668 SOFT. [4.O82 ACJ TRACT OF LAND IN THE YY,D.MAYFZLD SURVEY A8STRACT NUMBER 1395 CITY OF LUBBOCK i.UBBOCK COUNTY'TEXAS NOYEW8[R 10,2014 EXHIBIT "A" PAGE 8 OF 10 STATE OF TEXAS - 24 -S-FATE HIGHWAY 11¢ vOL.1s). PG. .C. D,R.L.C.T. (AKA 19TH STREET) CALLED 0760 AC. (130' WIDE R.O.W.) DELTA - 87' 59'30" (RT) _ --- — RADIUS - 185,00' STATE OF TEXAS ARC LENGTH - 284.11' VOL. 502, PG. 315 CHORD BEARING - S44° 10'31"E D.R.L.C.T. CHORD DISTANCE - 257.00, (15' STRlP) CALLED 0.571 AC. PROPOSED RIGHT OF WAY LINE �0 SURPLUS j o TRACT NO.5 212,668 SQ.FT. (4.882 AC.) �� STATE OF TEXAS F- `o: ca` VOL. 819. PG. 17 Lei D.R.L.C.T. L CALLED 27.822 AC. DO N SOO' 1014811 E w ^. 12.93' ti0 0 v, a o ry S89° 49'14"W O1 40.00' z - �4�� <o OL"aojO tK NNv17 D.R.L.C.T. CALLED 27.822 AC. SOO* 1 14611E � ¢ G V. C3 Q �ftL c9\c tic N89.49'14"E _ S00-10'46"E C; 40.00' 78.16 4 SEE SHEET 9 OF 10 iC FENC ? CITY LEGEND DSED ROW LINE ING ROW LINE ERTY LINE PC TY LINE _. L OF ACCESS LINE cY LINE — -- — — E LINE LIMITS ------------- EASEMENTS g R;;LROA➢ 2 STRUCTURES - Y+ 0 1/2" SRS WIYELLOW CAP STAMPED A29 I( SUNLESS OTHERWISE NOTED) 2 SRS - STEEL ROD SET SPF - STEEL PIPE FOUND =SRF - STEEL ROD FOUND P.O.0 - POINT OF COMMENCING P.O.8 - PR4T OF BEGINNING SCALE IN FEET 0 30 60 90 120 SCALE, 1"-60' A PLAT OF A SURVEY OF SURPLUS TRACT NO-5 FOR LOOP 289 & 19TH STREET R.O.W. CSJ: 0783-02-087 212,668 SQ.FT.14.882 AC TRACT OF LAND IN THE W.D. MAYF:ELD SURVEY ABSTRACT NUMBER 1395 CITY OF LUBBOCK LUBBOCK COUNTY, TEXAS NOVEMBER 10, 2014 SEE SHEET 7 OF 10 nO \s e M22 ►;�� amp, t�l 0 ♦ra X>-UN-j ♦Sly OVYpyCf e . vzmo Q=MO �ti ♦\ �c In- 0 � Jf EXHIBIT "A" PAGE 9 OF 10 SEE SHEET 8 OF 10 STATE OF TEAS VOL_ 819, PG.17 CALLER 27 E22 AC. �Ft iL. PROPOSED RIGHT OF WAY LINE V21 SRF (Cm) �♦ EXISTING RIGHT OF . WAY LINE O` SURPLUS TRACT NO. 5 212,668 SQ.FT. (4.882 AC.) V� 0711 WAYLAND BAPTIST UNIVERSITY VOL 5901, PG 323 DRLCT. CALLED 1,769 AC '. = LEGEND PROPOSED ROW LINE > EXISTING ROW LINE — - PROPERTY LINE COUNTY LINE DENIAL OF ACCESS L NEJ ---- • •III— _ . SURVEY LNE FENCE LINE CITY LIMITS EASEMENTS �R ROAD STRUCTURES STRUCTURES 0 1/2 SRS W/YELLOW CAP STAMPED AZ9 (UNLESS OTHERWISE NOTED) ,SRS - STEEL ROD SET SPF - STEEL PIPE FOUND SRF - STEEL ROD FOUND P.0 C. -POINT OF COMMENCING B.. - POINT OF SEGINN'NG SEE SHEET 10 OF 10 SCALE IN FEET 0 30 60 90 120 SCALE: 11' • 60' A P--AT OF A SURVEY 0c' SURPLUS TRACT NO.5 FOR :--OOP 289 & 19TH STRE{_r R.O.W. CSJ: 0783-02-087 212,668 S4.FT. 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