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AI- 7653   9. 4.    
Regular City Council Meeting
Meeting Date: 02/12/2019  

Information
Agenda Item
Ordinance 2nd Reading - Planning: Consider Ordinance No. 2019-O0016, amending Articles 40.03.2233, 40.03.2243, 40.03.2483, 40.03.2493(a), 40.03.3103, and 40.04.015 of Chapter 40 (Zoning Code) of the Lubbock Code of Ordinances, by reallocating certain land uses among the various existing zoning districts according to intensity of uses, including amendments to C-4, M-1, and Specific Use zoning districts, to provide for the changes to said zoning districts; providing a penalty clause; providing a savings clause; providing a consistency in application clause; and providing for publication.
Item Summary
On January 22, 2019, the City Council approved the first reading of the ordinance, as amended.

Purpose:
A number of land uses permitted by right within the "C-4" Commercial zoning district have been deemed overly intensive as compared to other uses allowed within the district. This raises legitimate concerns when a zone change proposal is presented for a use that is deemed appropriate for that district, or when a speculative zone change request to C-4 is proposed.

The amendments would provide for the relocation of those uses most often of concern out of the list of C-4 uses permitted by right, and either relocate them into the less-restrictive districts of "M-1" or "M-2" (Light and Heavy Manufacturing, respectively), and/or require consideration as a Specific Use.

Proposed Amendment as presented to the Planning and Zoning Commission:

1. Permit the following uses in the C-4 district upon approval of a Specific Use, and continue to allow the uses by right within the M-1 and M-2 districts:
a. Commercial Private Clubs and Teenage Clubs
b. Dance Hall
c. Game Room
d. Nightclub (Bar or Lounge)

2. Continue to permit the following uses in the M-1 and M-2 districts as “Permitted Uses” and remove them from the C-4 district as “Permitted Uses”:
a. Automobile Body Shops
b. Automobile and Recreational Vehicle Sales and Service
c. Boat and Boat Trailer Sales and Service
d. Garage (Public Repair)
e. Motorcycle Shop
f. Secondhand or Used Car Sales Lot
g. Trailer and Truck Sales Rental or Service

3. Permit the following uses in the M-1 and M-2 districts, upon approval of a Specific Use:
a. Billboards

Note: The amendment also relocates the minimum parking requirements associated with the affected uses to the appropriate sections of the code.

Planning and Zoning Commission Action on September 6, 2018:

By unanimous vote, the Planning and Zoning Commission recommended the above with a few modifications, and the current ordinance draft reflects these recommendations. These included:

• Allowing automobile sales (new) within the C-4 district upon approval of a Specific Use, with accessory used sales and services, while stand-alone used sales will be moved to the M-1 and M-2 districts as a permitted use.

• Allowing motorcycle shops (new) within the C-4 specific use district, with accessory used sales and services, while stand-alone used sales will be moved to the M-1 and M-2 districts as a permitted use.

Note: At the Planning and Zoning Commission meeting, Ty Jones spoke in opposition to the proposal and provided 193 letters of opposition from citizens. A copy of one letter is included as an example and the rest may be viewed in the Planning Department.

Amended Staff Proposal Under Consideration by City Council:

On November 1, 2018, the City Council held a public hearing on the proposed amendment and voted unanimously to postpone this item to the second City Council meeting in January 2019.

After further research and discussion, staff has amended the proposal as recommended by the Planning and Zoning Commission.

The amended staff proposal under consideration by City Council tonight is:

1. Permit the following uses in the C-4 district upon approval of a Specific Use, and continue to allow the uses by right within the M-1 and M-2 districts:
a. Commercial Private Clubs and Teenage Clubs
b. Dance Hall
c. Game Room
d. Nightclub (Bar or Lounge)

2. Continue to permit the following uses in the M-1 and M-2 districts as “Permitted Uses” and remove them from the C-4 district as “Permitted Uses”:
a. Agriculture Implement and Tractor Sales and Service (totally within a building)
b. Boat and Boat Trailer Sales and Service
c. Mobile Home Sales
d. Portable Building Sales (with outside display)
e. Road Machinery Sales and Service (totally within a building)
f. Trailer and Class 7 and larger Heavy Duty truck, as that term is defined by the United States Federal Highway Administration and the United States Environmental Protection Agency, Sales Rental or Service

3. Permit the following uses in the M-1 and M-2 districts, upon approval of a Specific Use:
a. Billboards
Fiscal Impact
None
Staff/Board Recommending
Jesica McEachern, Assistant City Manager

 

Attachments
Ordinance for C-4 Amendment
Example of Opposition Letter
C-4 Proposal Chart

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