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.
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E. David U#zman '�4y °�assI- t Date
Registered Profess onal La `' jv� 'e}�
Texas No. 4607'''
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STATE HIGHWAY 114
(AKA 19TH STREET)
(130' WIDE R.O.W.)
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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
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P.O.B. COORDINATES
NORTHING: 7,274,937.87
FASTING: 918,849.14
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LOT 4, CROSSROAD ADDITION
X
CITY OF LUBBOCK
z
2 �
LUBBOCK COUNTY T£kAS
VOL. 1957, PG. 9fO
D.R.L.C.T.
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_ 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.
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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 -
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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
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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. C4.882 ACA
TRACT OF LAND IN THE
W MAYFIELD SURVEY
ABSTRACT NUMBER 1395
CITY OF LUBBOCK
LUBBOCK COUNTY, TEXA'3
NOVEMBER 10, 20'4
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08/17SS/2016 02:12 PM
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