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Home My WebLink AboutOrdinance - 2019-O0049 - Zone Case 1120-C - 05/14/2019 First Reading Second Reading April 23, 2019 May 14, 2019 Item No. 8.4 Item No. 7.5 ORDINANCE NO. 2019.00049 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 1120-C; A ZONING CHANGE TO A-1 AND M-1 FROM C-4 AND M-1 ZONING DISTRICTS AT 3701 CLOVIS ROAD, WEST CORNER OF CLOVIS ROAD AND NORTH LOOP 289, ON 21.1346 ACRES OF UNPLATTED LAND OUT OF BLOCK A, SECTION 18; AND, 3820 NORTH LOOP 289, WEST CORNER OF CLOVIS ROAD & NORTH LOOP 289, CLOVIS ROAD ADDITION, LOTS 4 AND 5, 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 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 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. 1120-C 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 to A-1 and M-1 from C-4 and M-1 zoning district at 3701 Clovis Road, west corner of Clovis Road and North Loop 289, on 21.1346 acres of unplatted land out of Block A, Section 18; and, 3820 North Loop 289, west corner of Clovis Road & North Loop 289, Clovis Road Addition, Lots 4 and 5, City of Lubbock, Lubbock County, Texas, 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 23, 2019 Passed by the City Council on second reading on May 14, 2019 DANIEL M. POPE, MAYOR ATTEST: C,—Q 4�A� ')X— Reb k ca Garza, City Secretar Zone Casa No. 1120-C page - 2 of 3 APPROVED AS TO CONTENT: -49 /p /)"& AJ Fawver, Director of Planning APPROVED AS TO FORM: C f K lli Leisure, Assistant City Attorney vw/cityatt/KeIIi/ZoneCase/ZC 1120-C 04.05.19 Zone Case No. 1120-C page-3 of 3 LEGAL DESCRIPTION PROPOSED `A-1"ZONING BEING 20.89 acres situated in the T. &P.RR. CO. SURVEY, SECTION 18,BLOCK A,ABSTRACT NO.686,City of Lubbock,Lubbock County,Texas, being a portion of that certain tract of land described in deed to Wichita Self Storage, LLC,recorded in Instrument Number 2015021665,Official Public Records, Lubbock County,Texas,being more particularly described as follows; BEGINNING at a 1/2"iron rod found in the southwesterly Iine of U.S. Highway No. 84,(a called 200' Public Right-of-Way, also known as Clovis Road),being the most north corner of said Wichita Self Storage,LLC tract and being the most east corner of Lot 1-A, CLOVIS ROAD ADDITION,an Addition to the City of Lubbock,Lubbock County,Texas,according to the Plat recorded in Volume 1994,Page 638, Couty Clerk's Records, Lubbock County,Texas,said BEGINNING point having a State Plane, NAD 83,Zone 4202,)Grid)coordinate value of NORTH:728843 6.33 4 and EAST:934943.934,for reference; THENCE S 55000'45" E, along the southwesterly line of said U.S.Highway No. 84, a distance of 578.09 feet to a Highway monument found at the beginning of a curve to the right, whose radius is 215.00 feet and whose long chord bears S 19°22'27"E,a chord distance of 253.14 feet; THENCE along the southwesterly line of said U.S. Highway No. 84 and along said curve, in a southeasterly direction,through a central angle of 72°07'48",an arc distance of 270.66 feet to a capped iron rod found(not legible)at the end of said curve, in the northwesterly line of North Loop 289(a variable width Public Right-of-Way); THENCE along the northwesterly line of said North Loop 289,as follows: S 16°38'16" W,a distance of 202.01 feet to a 1/2"capped iron rod found(not legible); N 88°24'33" W,a distance of 13.08 feet to a 1/2"capped iron rod found(not legible); S 019628" W,a distance of 48.47 feet to a 1/2"capped iron rod found(not legible); S 16°40' 37.8" W a distance of 194.51 feet to a 1/2"capped iron rod found(not legible)at the beginning of a curve to the right,whose radius is 500.00 feet and whose long chord bears S 35°51'49" W,a chord distance of 325.48 feet; Along said curve in a southwesterly direction,through a central angle of 37159'24", an are distance of 331.52 feet to a 1/2"capped iron rod found(not legible); S 54'5132" W, a distance of 276.61 feet to a 1/2"capped iron rod set stamped"C.F. Stark RPLS 5084" for the southeast corner of the herein described 20.89 acre tract; THENCE N 35007'41" W, leaving the northwesterly line of said North Loop 289, a distance of 318.73 feet to a 1/2"capped iron rod set stamped"C.F. Stark RPLS 5084'; THENCE S 75°01'21" W,a distance of 202.55 feet to a 1/2"capped iron rod set stamped"C.F. Stark RPLS 5084"in the west line of said Wichita Self Storage,LLC tract, for the southwest corner of the herein described 20.89 acre tract; THENCE N 01 050'26"E,along the west line of said Wichita Self Storage, LLC tract,a distance of 1090.89 feet to a 1/2"capped iron rod set stamped"C.F. Stark RPLS 5084"at the most westerly northwest corner of said Wichita Self Storage, LLC tract and being the southwest corner of Lot I-A, CLOVIS ROAD ADDITION,an Addition to the City of Lubbock,Lubbock County,Texas,according to the Plat recorded in Volume 1794, Page 638,County Clerk's Records, Lubbock County,Texas; THENCE S 49°53'09" E,along the southwesterly line of said Lot 1-A,a distance of 202.69 feet to a 112" iron rod found at the southeast corner of said Lot 1-A; THENCE N 34°52'01" E, along the southeasterly line of said Lot 1-A,a distance of 308.58 feet to the POINT OF BEGINNING and containing 20.89 acres(909,929 square feet)of land more or less. LEGAL DESCRIPTION PROPOSED `M-1' ZONING BEING A 2.85 acre tract of land situated in the T. & P.RR,CO. SURVEY, SECTION 18, BLOCK A, ABSTRACT NO. 686,City of Lubbock,Lubbock, County,Texas, including a portion of that certain tract of land described in deed to Wichita Self Storage,LLC, recorded in Instrument Number 2015021665, Official Public Records,Lubbock County,Texas, and all of Lot 4,CLOVIS ROAD ADDITION, an Addition to the City of Lubbock, Lubbock County, Texas,according to the Plat recorded in Volume 1214,Page 81,County, Clerk's Records, Lubbock County,Texas,and all of Lot 5,CLOVIS ROAD ADDITION, an Addition to the City of Lubbock,Lubbock County,Texas,according to the Plat recorded in Volume 1304, Page 414,County Clerk's Records, Lubbock County, Texas, being more particularly described as follows: COMMENCING at a 1/2"capped iron rod found(not legible)in the northwesterly line of North Loop 289(a variable width Public Right-of-Way)at the end of a 500.00 foot radius curve,said 1/2"capped iron rod found having a State Plane,NAD 83,Zone 4202(Grid)coordinate value of NORTH:7287174.30 and EAST:935182.75, for reference; THENCE S 54°51'32" W,along the northwesterly line of said North Loop 289,a distance of 759.28 feet to a 1/2"capped iron rod set stamped"C.F. Stark RPLS 5084"at the most south comer of said Wichita Self Storage,LLC tract,for the POINT OF BEGINNING on the herein described tract of land,said BEGINNING point being(per Plat call)NORTH,2477.27 feet and WEST,2738.60 feet from the southeast corner of said SECTION 18, BLOCK A;; THENCE N 01 050'26" E,along the west line of said Wichita Self Storage, LLC tract, a distance of 486.40 feet to a 1/2"capped iron rod set stamped"C.F. Stark RPLS 5084"for the northwest corner of the herein described tract of land. THENCE N 75°01`21" E, leaving the west line of said Wichita Self Storage, LLC tract, a distance of 202.55 feet to a t/2"capped iron rod set stamped"C.F.Stark RPLS 5084"at the northeast comer of the herein described tract of land. THENCE S 35°07'41"E,a distance of 318.7293 feet to 1/2"capped iron rod set stamped"C.F. Stark RPLS 5084" in the northwesterly line of said North Loop 289; THENCE S 54°5132" W, along the northwesterly line of said North Loop 289,a distance of 482.67 feet to the POINT OF BEGINNING and containing 2.85 acres(124,074 square feet)of land,more or less.