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    7. 3.    
Regular City Council Meeting
Meeting Date: 01/10/2019  

Information
Agenda Item
Public Hearing - Planning: Consider a request for Zone Case 2538-E, a request of Chris Berry, for Betenbough Homes, for a zone change to Reduced Setback Single Family Residential (R-1A) from a combination of Single-Family Residential (R-1) and Commercial (C-4) at 2602 Upland Avenue, at the northwest corner of 34th Street and Upland Avenue, 207 acres of unplatted land out of Block AK, Section 42, AB 1264 Tract D1 and Tract D3, Block AK, Section 42, AB 851 Tract C5 and Block AK, Section 42, AB 851 Tract C5B, and consider an ordinance.
Item Summary
Summary:
The applicant is requesting a zone change to Reduced Setback Single-Family District (R-1A) from Single-Family Residential District (R-1) and Commercial District (C-4) . The subject property contains approximately 207 acres between Upland Avenue and Yuma Avenue (almost to Alcove Avenue), and between 34th Street and 26th Street. The properties in question are currently unplatted, and are in the process of being platted. Upland Avenue and 34th Street at this location are both designated T-2 Thoroughfares maintained by the City of Lubbock, paved two lanes with no curb and gutter and no shoulder. Yuma Avenue is an unpaved R-1 Residential street, and 26th Street is an unpaved C-1 Collector street.

Previous Zoning History:
Zone Case 2670 - May 5, 1991, City Council approved a rezoning of the southwest 12 acres to Commercial (C-4) at this location. 

Adjacent Land Uses and Zoning:
North: Single Family Residential District (R-1); single family homes
South: R-1; Vacant agricultural land, Putman Concrete company, large-lot single family homes
East: R-1 with a Specific Use for Residential Estates; large-lot single family homes
West: R-1 and Commercial District (C-4); Sun-Star Electric, Inc., electric substations

Conformance with Future Land Use Plan (FLUP):
The FLUP designates all but the southwest 12 acres of the property as the “Residential Low Density” land use category. Staff assesses that the proposed residential district of R-1A is appropriate in this location and is in conformance with the intent of the 2040 FLUP.

The FLUP designates the southwest 12 acres of the property as the “Commercial” land use category. However, this property is over 1,400 feet from the thoroughfare intersection of Alcove Avenue and 34th Street. Therefore, staff assesses that the “Light Commercial” land use category is appropriate in this location. Even though the requested R-1A zoning is not in keeping with the “Light Commercial” land use category, the property is surrounded on all sides by residential zoning, so commercial land uses in this location are not appropriate. Therefore, staff assesses the proposed zoning of R-1A is appropriate in this location as well.

Conformance with Zoning Code:
The purpose of the R-1A District is to "...promote orderly and proper development of single-family residential units, to protect established and future single-family residential developments from inharmonious and harmful land uses, and to provide a “quality environment” for the residents of the district and city."

The purpose of the R-1 District is to "...promote orderly and proper development of single-family residential units; to protect established and future single-family residential developments from inharmonious and harmful land uses; and to provide a “quality environment” for the residents of the district and city."

Note that the purpose statements of the R-1A District and the R-1 District are identical. Therefore, changes from R-1 to R-1A are in keeping with the intent of the City of Lubbock Zoning Code of Ordinances. 

Impact on Surrounding Uses:
The applicant is platting these properties in conjunction with this zone change request, and the end result will be an orderly residential subdivision in keeping with the requirements of the City of Lubbock Zoning Code of Ordinances. Since the surrounding land uses are mostly single-family residential uses and vacant land, the construction of a subdivision in this location is expected to have no negative impact, and in fact set the standard for future developments.

Effect on the Adjacent Streets and Thoroughfare System:
This location fronts T-2 thoroughfares on two sides, which will be built out as part of the platting process. T-2 thoroughfares are designated to carry heavy traffic, such as might be generated by large subdivisions. This request is expected to have no negative impact on traffic or the thoroughfare system.

Recommendations:
Staff recommends approval of the request, for the following reasons:
1. The request is in keeping with the intent of the FLUP and is in keeping with the intensity of surrounding uses.
2. The request is in compliance with the Zoning Code.
3. The proposed change will not have any adverse impact of the character of surrounding areas or the thoroughfare system.

Planning and Zoning Commission Hearing:
2 citizens spoke in opposition to the request, citing concerns of when 26th Street would be paved and when construction would begin. A total of 62 notices were sent to adjacent property owners. Staff received 2 written responses in opposition to the request.

On December 4, 2018, the PZC recommended approval of the request by a unanimous vote.
Fiscal Impact
None
Staff/Board Recommending
Jesica McEachern, Assistant City Manager
Planning and Zoning Commission

Attachments
2538-E Ordinance
2538-E Documentation

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