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    7. 1.    
Regular City Council Meeting
Meeting Date: 01/10/2019  

Agenda Item
Public Hearing - Planning: Consider a request for Zone Case 1112-A, a request of Jannah’s Real Estate, LLC, for Hanis Texas Tire 31, Inc., for a zone change to General Retail (C-3) from Restricted Local Retail (C-2A) at 2614 50th Street, near the northeast corner of 50th Street and Boston Avenue, Sunny Slope Addition, Block 10, east 35 feet of Lot 13 and west 40 feet of Lot 14, and consider an ordinance.
Item Summary
The applicant is requesting a zone change to General Retail District (C-3) from Restricted Local Retail District (C-2A). The property fronts on the north side of 50th Street, approximately 150 feet east of Boston Avenue. Currently, the property is occupied by a tire, battery, and accessory store. 50th Street at this location is a 7-lane T-2 thoroughfare maintained by the City of Lubbock.

The current zoning of the property is C-2A, which does not allow a "Tire, Battery, and Accessory Store" by right or as a conditional use. The requested zone change to C-3 would make the current land use legal. Outside display of merchandise is prohibited.

Previous Zoning History:
Zone Case 1112 - June 27, 1963, City Council approved a rezoning to Restricted Local Retail (C-2A).

The Building Safety Department has record of one building being built on the property, and various minor building permits issued in the interim. It is up to the property owner to provide evidence of legal non-conforming status of the business, if any.

Adjacent Land Uses and Zoning:
North: Single-Family Residential District (R-1); single family homes
South: C-3 Specific Use for a Garden Center; Home Depot hardware store
East: C-2A; Fastenal Hardware
West: C-3; Jackson Hewitt Tax Preparation Service

Conformance with Future Land Use Plan (FLUP):
The FLUP designates the property as the “Commercial” land use category. This land use category recommends the zoning districts of Neighborhood Service District (C-1), C-2A, Local Retail District (C-2), C-3, Commercial District (C-4), Commercial Apartment District (CA), and Garden Office District (GO). However, the property is over a thousand feet from the intersection of Avenue Q and 50th Street, outside the 600 foot commercial node, and should therefore be designated “Light Commercial” land use category. The “Light Commercial” Land use category recommends the zoning districts of C-1, C-2A, CA, GO, Family Apartment District (A-1), High-Density Apartment District (A-2), High-Rise Apartment District (A-3), Multifamily District (R-3), and Apartment-Medical District (AM).

The purpose of the “Commercial” land use category is to encompass "...a variety of commercial uses and establishments. These uses may require outside storage, product display and sales. Examples of such uses include automobile-related services and dealerships. Commercial uses are often located along major thoroughfares because they have a need for increased accessibility. Commercial land use includes businesses such as offices, banks, retail, automobile-related services, manufactured home sales, self-storage units and lodging locations...Appropriate transitional uses could include uses at a neighborhood scale such as professional office, medium density retail and other light commercial uses."

The purpose of the “Light Commercial” land use category is to encompass "...Light Commercial, Office (less than two stories), Multifamily and Public/Semi-Public Institutional uses such as churches, are permitted between Major Commercial nodes subject to the following design considerations.

A. All uses should provide appropriate and/or screening between adjacent Single-Family uses (existing or proposed).

B. Where Single-Family uses already exist on one side of the street frontage, Single-Family use is encouraged, but not required, on the other side of the right-of-way.

C. All uses should be compatible to Single-Family uses.

D. Manufacturing and uses with Open Storage should be prohibited.

E. Shared access and parcel cross access should be designed into each project."

Based on the purpose of the two land use categories, and based on the distance from the major thoroughfare intersection, staff assesses that the “Light Commercial” land use category is more appropriate in this location, and that the request is therefore not in keeping with the intent of the Future Land Use Plan.

Conformance with Zoning Code:
The purpose of the C-2A district is to "...provide limited local retail and service commercial uses which serve one or several neighborhoods. Such districts may be located on existing shallow commercial centers adjacent to thoroughfares."

The purpose of the C-3 district is to "...provide for general commercial uses which are medium activity centers in terms of generated traffic. Such districts should be adjacent to local or regional thoroughfares such as state or federal highways. Because of the commercial nature of the permitted uses, compatibility with adjacent residential areas should be considered."

The property in question fronts a local thoroughfare, and is bounded on the north side by a fully-developed residential neighborhood. Based on this adjacency to a residential neighborhood, and based on the purpose statements above, Staff assesses that the request is not in keeping with the intent of the City of Lubbock Zoning Ordinance.

Impact on Surrounding Uses:
This property is bounded to the north by a fully-developed single-family residential neighborhood. The existing zoning district of C-2A is designed to have less impact on adjacent residential uses, and is an acceptable district to adjoin a residential area. C-3 allows a higher density of land use and is not suitable to be adjacent to residential land uses for reasons of noise, trash, and other nuisances. Staff assesses that this request could have a negative impact on the adjacent residential land uses.

Effect on the Adjacent Streets and Thoroughfare System:
50th Street at this location is a T-2 thoroughfare, paved with 7 lanes. This request should have no impact on the thoroughfare system or traffic.

Staff recommends denial of the request for the following reasons:
1. The request is not in conformance with the intent of the FLUP or the surrounding area.
2. The request is not in compliance with the Zoning Code.
3. The proposed change could have an adverse impact of the adjacent residential area.

Planning and Zoning Commission Hearing:
No citizens spoke in favor of, or in opposition to the request. A total of 19 notices were sent to adjacent property owners. Staff did not receive any written responses.

On December 4, 2018, the PZC recommended denial of the request by a vote of 4-2. The commission members who voted against the request cited concerns of allowing C-3 uses adjacent to residences and along the thoroughfare, between the commercial nodes.
Fiscal Impact
Staff/Board Recommending
Jesica McEachern, Assistant City Manager
Planning and Zoning Commission

1112-A Ordinance
1112-A Documentation

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