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HomeMy WebLinkAboutOrdinance - 2019-O0105 - Amending Chapter 40 - Related To Self-Storage Facilities - 08/13/2019i First Reading July 23, 2019 Item No. 7.5 ORDINANCE NO. 2019-00105 Second Reading August 13, 2019 Item No. 7.9 AN ORDINANCE AMENDING CHAPTER 401 "ZONING," OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, TEXAS BY RE -ALLOCATING CERTAIN LAND USES AMONG THE VARIOUS EXISTING ZONING DISTRICTS ACCORDING TO INTENSITY OF USE; SAID AMENDMENTS MORE PARTICULARLY BEING TO SECTIONS 40.03.2233 AND 40.03.2483 OF THE ZONING CODE; AMENDING SECTION 40.03.3103(z) OF THE ZONING CODE RELATED TO SELF -STORAGE FACILITIES; PROVIDING A PENALTY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A CONSISTENCY IN APPLICATION CLAUSE; AND PROVIDING FOR PUBLICATION. WHEREAS, the Planning & Zoning Commission of the City of Lubbock, Texas (the "Commission"), during its meeting on July 2, 2019, found that it is in the best interest of the citizens of the City of Lubbock to amend Divisions 20 ("C-4" Commercial District) and 22 ("M- 1" Light Manufacturing District) to provide for the appropriate allocation of land uses among the districts according to intensity and to amend Section 40.03.3 103 (z) related to self -storage facilities; and WHEREAS, the Commission unanimously recommends that the City Council of the City of Lubbock, Texas (the "Council") amend Chapter 40 of the Code to account for the Commission's approved amendment; and WHEREAS, the City Council of the City of Lubbock finds and determines that it is in the best interest of the health, safety, and welfare of the citizens of the City of Lubbock to amend Chapter 40 of the Code of Ordinances in accordance with the recommendations of the Planning and Zoning Commission; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT Section 40.03.2233 of the Code of Ordinances, City of Lubbock, Texas is hereby amended to read as follows: Sec. 40.03.2233 Permitted uses Permitted uses in this district are the following: (1) Any use unconditionally permitted in the "C -2A", "C-2" or "C-3" Districts. (2) Ambulance service. (3) Automobile body shops, outside storage limited to customer vehicles only and located behind a six (6) foot tall solid screening fence. (4) Automobile brake shop. (5) Automobile seat cover and upholstery shop. (6) Automobile transmission shop. (7) Automobile and recreational vehicles sales and service (may include body and paint I shop, as accessory use). Outside display in conjunction with the on premises sale or rental of automobiles and recreational vehicles shall be permitted subject to the regulations of this district. I (8) Barber and beauty shop supply dealer. (9) Body piercing studio. (10) Brewpub. (11) Builders supply. All materials must be in a building. (12) Bus station. (13) Cafe Supply Dealer, Fixtures, Used (All merchandise must be in a building). (14) Candy plant. (15) Canvas goods shop, tents and awnings (no manufacturing). (16) Consignment clothing store. (No outside storage or display). (17) Dairy supply dealer. (18) Electrical equipment repairs. (19) Feed store with no grinding, packaging, or mixing of feed permitted. (20) Frozen food lockers. (21) Furniture store, used. (All merchandise must be in a building). i (22) Garden center. Outside display in conjunction with the on premises sale of plant material and garden and yard equipment shall be permitted subject to the regulations of this district. (23) Gasoline service station. (Business permitted outside of building and outside displays of products permitted within three (3) feet of the building). (24) Golf driving range. (Business permitted outside of building). C 4, M 1 and Mini warehouse Changes Q 8 19) Page 2 of 12 (25) Greenhouse and plant nursery. Outside display in conjunction with the on premises sale of plant material and garden and yard equipment shall be permitted subject to the regulations of this district. (26) Home improvement center. All materials must be in a building. However, outside display in conjunction with the on premises sale of plant material, garden and yard equipment, and portable storage units shall be permitted subject to the regulations of this district. (27) Hotel or motel. (28) Hot tamale plant. (29) Janitorial or cleaning service. (30) Job printing and lithographing. (31) Laboratory, chemical, general analysis. (32) Laundry, commercial. (33) Linen and towel supply service. (34) Lumber yard, with no mill. All materials must be in a building. (35) Magazine agency. (36) Micro -brewery, micro -distillery, or micro -winery. (37) Monument sales (outside display permitted). (38) Motorcycle shop, including sales (new or used), rentals and service. (39) Muffler shop. (40) Nonprofit training centers with retail sales. (41) Pest control service. (42) Public utility installations such as, but not limited to, railroad rights-of-way and tracks, transformer stations, transmission lines, telephone exchanges, lift stations, pumping stations, but in no event shall this be construed as permitting such uses as garages and shops, railroad yards, loading yards or warehouses. (43) Print shop. C 4, M 1 and Mini warehouse Changes (7-8-19) Page 3 of 12 (44) Produce market. (45) Public kennel (totally within a building). (46) Rental store. (47) Rental store, heavy equipment and trailers only. Outside display in conjunction with the on premises rental of heavy equipment and trailers shall be permitted subject to the regulations of this district. (48) Restaurants, not including restaurants with the sale of alcoholic beverages as an incidental use (business permitted outside the building). (49) Secondhand goods store or pawnshop. (50) Secondhand or used car sales lot, not including wrecking and repairing, but including minor tuning. Outside display in conjunction with the on premises sale or rental of automobiles shall be permitted subject to the regulations of this district. (51) Sign shops, limited to window lettering, painted wall signs, banners and desk signs. (52) Store fixtures sales (no manufacturing permitted). (53) Swimming pool, commercial (indoor and/or outdoor) or sales. Outside display in conjunction with the on premises sale of swimming pools shall be permitted subject to the regulations of this district. (54) Tattoo studio. (55) Upholstery shop—Furniture. (56) Veterinary hospital (totally within a building). (57) Wholesale house, sales office and storage—no cotton storage. (58) Wine, beer, or alcohol tasting facility. (58) Winery Tasting Facility. SECTION 2. THAT Section 40.03.2483 of the Code of Ordinances, City of Lubbock, Texas is hereby amended to read as follows: See. 40.03.2483 Permitted uses Permitted uses in this district are the following: C-4, M-1 and Mini -warehouse Changes (7-8.19) Page 4 of 12 (1) Any use unconditionally permitted in the "C-4" District. (2) Agriculture implement and tractor sales and service (totally within a building). (3) Aluminum products, fabrication of. (4) Armature winding. (5) Automobile body shops, outside storage limited to customer vehicles only. (6) Automobile and recreational vehicles sales (new or used) and service (may include body and paint shop, as accessory use). Outside display in conjunction with the on premises sale or rental of automobiles and recreational vehicles shall be permitted subject to the regulations of this district. (7) Bakery --Commercial. (8) Blacksmithing or horseshoeing. (9) Boat and boat trailer sales (new or used) and service. Outside display in conjunction with the on premises sale or rental of boats and boat trailers shall be permitted subject to the regulations of this district. (10) Bottling works. (11) Brewery. (12) Broom manufacturing. (13) Building materials, storage. (14) Bus terminal, maintenance shop. (15) Cabinet or carpentry shop. (16) Candle manufacturing. (17) Carpet cleaning. (18) Cheese manufacturing. (19) Clothing manufacturing. (20) Cold storage plant. (21) Commercial private clubs and teenage clubs. C-4 , M-1 and Mini -warehouse Changes (7-8-19) Page 5 of 12 (22) Commercial schools, including mechanical and trade. (23) Contractor plant or storage yard. (24) Creamery and dairy products manufacturing. (25) Dance hall (no mixed alcoholic beverage sales permitted). (26) Distillery. (27) Egg storage, candling or processing plant. (28) Electronic components assembly. (29) Feed store. (30) Fruit and vegetable canning or preserving manufacture --not otherwise classified. (3 1) Game room, pool, billiard and/or domino parlor. (32) Garage, public, repair. (Outside storage of customer automobiles authorized.) All work and separate parts shall be inside a building. (33) Glassblowing. (34) Ice cream manufacturing. (35) Ice manufacturing and bulk dry ice storage. (36) Insulation applicator. (37) Irrigation sales and services, including pumps and equipment. (Business permitted outside of building). (38) Laboratory, physical testing. (39) Lumber yard. (Business permitted outside of building). (40) Machine shop. (41) Mattress manufacture or renovation. (42) Meat processing plant, with no slaughter. (43) Mini -warehouses. CA , M-1 and Mini -warehouse Changes (7.8-19) Page 6 of 12 (44) Mobile home manufacturing. (45) Mobile home sales. (46) Mobile home storage. (47) Monument manufacture. (48) Moving, storage, packing, manufacturing and crating of household goods. (49) Nightclub, bar or lounge. (50) Ornamental iron works. (51) Paper box and paper products manufacture. (52) Pharmaceutical manufacture. (53) Planing mill. (54) Plumbing, heating, refrigeration, or air-conditioning business. (55) Portable building sales (fully constructed). Outside display in conjunction with the on premises sale of fully constructed portable buildings shall be permitted subject to the regulations of this district. (56) Prefabricated or ready -built house or portable building manufacturing and sales. (Business permitted outside of building). (57) Printing plant and/or newspaper. (58) Produce market. (Business permitted outside of building). (59) Pump sales and service. (60) Road machinery sales and service (totally within a building). (61) Roofing contractor's shop. (62) Sash and door manufacture. (63) Secondhand or used car sales lot, not including wrecking and repairing, but including ! minor tuning. Outside display in conjunction with the on premises sale or rental of automobiles shall be permitted subject to the regulations of this district. (64) Sheet metal workshop. C-4, M-1 and Mini -warehouse Changes (7-8-19) Page 7 of 12 (65) Sign shop. (66) Spray painting. (67) Stack lot. (68) Store fixture manufacturing. (69) Tire recapping and vulcanizing. (70) 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. Outside display in conjunction with the on premises sale or rental of trailers and trucks shall be permitted subject to the regulations of this district. (71) Trailer or camper manufacture. (72) Truck or railway freight terminal depot or station. (73) Truck and bus terminal maintenance or storage shops. (74) Truck stop. (75) Warehouse. (76) Welding equipment and supplies (acetylene). (77) Welding shop. (78) Antennas, towers or alternative tower structures other than a radio, television or microwave broadcasting or transmission facilities approved by the planning department pursuant to the standards of administrative review provided by section 40.02.002(h) herein. However, antennas or towers located on property owned by a federal, state or local government entity shall be exempt from the requirements of this chapter, provided a license, contract or lease authorizing such antenna or tower has been approved by the governing authority of the applicable governmental entity. (79) Winery. C-4, M-1 and MinMwarehouse Changes (7 8 19) Page $ of 12 SECTION 3. THAT Section 40.03.3103(z) of the Code of Ordinances, City of Lubbock, Texas is hereby amended to read as follows: (z) Self -Storage Facilities in C-2, C-3, and C-4: Subject to the following as minimum conditions: (1) Height limitations will be in conformance with the zoning district requirements in which the facility is located. (2) The storage of goods which are explosive, highly flammable, or produce noxious odors shall be prohibited. (3) No self -storage development lot shall abut a street which is the boundary of an abutting "RR", "R-1," "R- i A," or "R-2" zoning district, unless trees are planted and maintained as follows: a. Where the side or rear of the facility abuts a street, trees of a minimum two inch caliper shall be planted between the required fence and the street at intervals of thirty (30) feet. Required trees may be planted in the parkway in accordance with section 40.02.002(f)(9)(C). b. Where the front of the facility abuts a street, trees of a minimum two inch caliper shall be planted between the building and the street. The minimum number of trees shall be equal to one tree per each thirty (30) feet of lot frontage. Required trees may be planted in the parkway in accordance with section 40.02.002(f)(9)(C). (4) A six-foot solid masonry fence (brick, stone, or concrete), shall be erected and permanently maintained adjacent to any residential zone and use (single and multi -family). In cases where item 3.i. above applies, the required solid masonry fence shall be placed a minimum of five (5) feet inside the lot boundary to allow room for placement of the required trees between the fence and the street or sidewalk. (5) The self -storage facility structures, when visible from any residential parcel, or fronting any street or alley, shall be constructed of one hundred (100) percent masonry material (stone, brick or a combination thereof), excluding doors, windows, awnings, and other approved architectural features. Such detail shall be specified on the site plan. Additionally, no roll -up doors or false doors shall be facing any street. C 4. M-1 and Mini -warehouse Changes (7 8 19) Page 9 of 12 (6) Setback requirements in the respective zoning district (C-2, C-3, or C-4,) shall be met except where a rear or side of a self -storage facility abuts an alley and regardless of the zoning district on the opposite of the alley, there shall be no set back requirement if the building wall abutting the alley is constructed of solid masonry with no penetrations and is a minimum of seven feet in height. (7) Off-street parking shall be provided at a ratio of one (1) space per each two - hundred (200) square feet of office/retail gross floor area plus one (1) space per each one hundred (100) rental units, but in no event shall there be less than eight (8) spaces total. (8) Landscaping requirements in the respective zoning district (C-2, C-3, or C- 4) shall be met, except that the following lot coverage requirements shall apply: a. Where any side or rear of a facility abuts a street, the entire area between the building (or required fence where applicable) and the lot line shall be landscaped and permanently maintained in accordance with the landscaping requirements in the respective zoning districts. b. Where the front of a facility abuts a street, a minimum area of four square feet per foot of lot frontage along that street shall be landscaped and permanently maintained between the building and front lot line, in accordance with the landscaping requirements in the respective districts. C. There shall be no landscape required inside the secure area of the facility. d. There shall be no landscaping required where a facility abuts an alley. (9) The failure of any corporation owning or operating the subject property to comply with any of the above conditions shall render the president, vice- president, general manager, local manager and local agent liable to the penalty prescribed in this chapter. SECTION 4. 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 5. THAT should any paragraph, section, sentence, phrase, clause or word of this Ordinance be declared unconstitutional or invalid for any reason, the remainder of this Ordinance shall not be affected thereby. C-4, M-1 and Mini -warehouse Change; (7 8 19) Page lO of 12 SECTION 5. THAT the intent of this Ordinance is to apply consistent changes to any portion of the Code of Ordinances of the City of Lubbock that is or may be affected by the changes provided herein. This Ordinance is also intended to apply consistent changes to any Ordinance that has been approved by the City Council of the City of Lubbock that is or may be affected by the changes provided herein. If this Ordinance has omitted any portion of the Code of Ordinances or any other Ordinance that should otherwise be affected by the changes provided herein, such omission is inadvertent and unintentional, and, upon the effective date of this Ordinance, any such omitted portion of the Code of Ordinances or other Ordinance shall be interpreted in such a manner as to comply with the changes provided herein. SECTION 7. THAT the City Secretary of the City of Lubbock is hereby authorized and directed to cause publication of the descriptive caption of this Ordinance as an alternative method provided by law. SECTION 8. THAT this Ordinance shall become effective, except as may otherwise be provided herein, from and after its publication as provided by law. AND IT IS SO ORDERED. Passed by the City Council on first reading on July 23 , 2019. Passed by the City Council on second reading on T Aulzust 13 , 2019. JEFF G FFI H, MAYOR PRO TEM ATTEST: Rebe ca Garza, City Secret C4, M 1 and Mini warehouse Changes (7-8-19) Page 11 of 12 APPROVED AS TO CONTENT: Kriste4 Sager, Interim APPROVED AS TO FORM: of Planning t Amy' s, Deputy City Atto C-4, M-1 and Mini -warehouse Changes (7-8-19) Page 12 of 22