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

Agenda Item
Public Hearing - Planning: Consider a request for Zone Case 3367, a request of Charles Bolton, for Bolton Oil Co. LTD for a zone change to Interstate Highway Commercial (IHC) from Transitional (T) at 4514 130th Street, at the northwest corner of Quaker Avenue and 130th Street, 2 acres of unplatted land out of Block E2, Section 23, AB 271 Tract 4A, Valley View ACS, and consider an ordinance.
Item Summary
The applicant is requesting a zone change to Interstate Highway Commercial District (IHC) from Transitional District (T) in order to make an existing business compliant with the Zoning Ordinance. The business has existed on this property since shortly after annexation. The current land use on this property is Rock and Stone Landscape, a Garden Center with outdoor display of merchandise. This land use is a permitted use in the IHC district.

The land in question fronts on the north side of 130th Street approximately 900 feet west of Quaker Avenue. The property is currently unplatted. The applicant will have to plat the property before any further building permits can be issued.

130th Street at this location is designated as a paved 2-lane T-2 thoroughfare maintained by the Texas Department of Transportation (TxDOT), with shoulder and no curb and gutter. Staff notes, however, that this stretch of 130th Street is scheduled to become part of Loop 88, a divided expressway.

Previous Zoning History:
This property was annexed in 2005. The Building Safety department has record of one sign permit issued for the property in 2013 and no record of any other building permits. The applicant expresses that the current business has been on the property since after the time of annexation, though exact dates are not available.  There is no zoning history on this property.

Adjacent Land Uses and Zoning:
North: Transitional District (T); vacant land
South: T; vacant land (currently requesting a zoning change)
East: T; vacant land
West: T; Kreative Kitchens showroom, Valentine’s Building Services janitorial service, Lubbock Land Company real estate office

Conformance with Future Land Use Plan (FLUP):
The FLUP designates this property as the “Light Commercial/Retail” land use category. This category recommends uses compatible with the C-2 and General Retail (C-3) zoning districts. However, the Loop 88 Corridor is also compatible with the definition of the “Heavy Commercial” land use category, which recommends land uses compatible with the Commercial District (C-4) and the IHC district. Staff recommends carefully weighing the pros and cons of these 2 land use categories for this property, and properties along the Loop 88 Corridor, and notes that this request is not in conflict with the intent of the FLUP.

Conformance with Zoning Code:
The purpose of the IHC district is to "...provide for quality commercial office, retail, and wholesale uses which serve a city-wide or regional area. Such uses require careful consideration when adjacent to residential areas. Special consideration shall be given building height for developments adjacent to Mackenzie State Park, the Yellowhouse Canyon Lakes, and the Central Business District."

Staff notes that the surrounding properties are all zoned T, which is a residential zoning district. However, the T zoning district is intended to serve as a zoning district for properties that have been annexed, until such time as a more appropriate zoning may be requested. One adjacent property (to the south) is already in process to change zoning to a commercial district. Additionally, it is likely that the properties to the east and west of the subject property will eventually be zoned for commercial uses, as there are already commercial businesses operating in this area. Staff assesses that this request is in keeping with the intent of the Zoning Ordinance.

Impact on Surrounding Uses:
Staff assesses that the greatest likelihood for the adjacent properties fronting 130th Street is that they will be developed as commercial land uses because of the Loop 88 Corridor. The land uses on these adjacent properties will not be negatively impacted by this request. Therefore, staff assesses no negative impact on future land development.

Effect on the Adjacent Streets and Thoroughfare System:
130th Street is scheduled to be developed as Loop 88, an expressway. Therefore, staff assesses no impact on the adjacent thoroughfare system or traffic.

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

Planning and Zoning Commission Hearing:
No citizens spoke in favor of, or in opposition to the request. A total of 6 notices were sent to adjacent property owners. Staff received 2 written responses in favor of the request.

On December 4, 2018, the PZC recommended approval of the request by a unanimous vote.
Fiscal Impact
Staff/Board Recommending
Jesica McEachern, Assistant City Manager
Planning and Zoning Commission

3367 Ordinance
3367 Documentation

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