HomeMy WebLinkAboutOrdinance - 2019-O0106 - Amending Chapter 40 Zoning - Seperation And Parking For Mircrobreweries - 08/13/2019First Reading
July 23, 2019
Item No. 7.6
ORDINANCE NO. n 1 o -nn 1 n6
Second Reading
August 13, 2019
Item No. 7.10
AN ORDINANCE AMENDING CHAPTER 40, "ZONING," OF THE CODE OF
ORDINANCES OF THE CITY OF LUBBOCK, TEXAS BY REMOVING THE
SEPERATION AND PARKING REQUIREMENTS RELATED TO COCKTAIL
LOUNGES, PRIVATE CLUBS, NIGHTCLUBS, DANCE HALLS, BREWPUBS,
MICROBREWERIES, MICRODISTILLERIES, MICROWINERIES, WINE TASTING
FACILITIES, BEER TASTING FACILITIES, AND ALCOHOL TASTING FACILITIES;
SAID AMENDMENTS MORE PARTICULARLY BEING TO ARTICLES 40.03.2121 AND
40.03.2122(a) OF THE ZONING CODE; 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 June 6, 2019, found that it is in the best interest of the
citizens of the City of Lubbock to amend Division 19 ("C-134" Depot District) to remove the
separation and parking requirements for cocktail lounges, private clubs, nightclubs, dance halls,
brewpubs, microbreweries, microdistilleries, microwineries, wine tasting facilities, beer tasting
facilities, and alcohol tasting 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 and after additional consideration to aesthetics, nuisances, and adjacency concerns;
NOW THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT Section 40.03.2121 of the Code of Ordinances, City of Lubbock, Texas is
hereby amended to read as follows:
See. 40.03.2121 Separation
Any brewpub, microbrewery, microdistillery, microwinery, wine tasting facility, beer
tasting facility, or alcohol tasting facility shall meet all state and other separation
requirements and be located a minimum of three hundred feet (300') from any property
zoned RR, R-1, R-1 A, R-2, or A-1.
SECTION 2. THAT Section 40.03.2122(a) of the Code of Ordinances, City of Lubbock, Texas
is hereby amended to read as follows:
Sec. 40.03.2122 Off-street parking
(a) Off-street parking requirements.
(1) Boarding or rooming houses - One space for each occupant.
(2) Churches and other places of worship - One paved off-street parking
space for each eight (8) seats in the auditorium. If pews are used, each
twenty (20) inches in length shall equal one seat.
(3) Convalescent, nursing, maternity and geriatric homes and personal
care facilities - Three (3) spaces for each five (5) beds.
(4) Day nurseries - One space for each three hundred (300) square feet of
gross floor area.
(5) Funeral home or mortuary - One space for each eight (8) seats in the
chapel.
(6) Game rooms, pool, billiard and/or domino parlors - One space for
each one hundred (100) square feet of gross floor area.
(7) Hospital - Two (2) spaces for each bed.
(8) Nightclub, bar, lounge, or dance hall - One space for each one hundred
(100) square feet of gross floor area.
(9) Residential units - One (1) space for each efficiency unit, one and
one-half (1-1 /2) spaces for each one bedroom unit, two (2) spaces for each
unit with two (2) or more bedrooms, plus one (1) additional space for each
four (4) units in the development. Townhomes, garden homes, duplexes,
and single-family shall comply with the "R-1," "R -IA," and "R-2" parking
standards.
(10) Restaurants serving or not serving mixed alcoholic beverages - One
space for each one hundred (100) square feet of gross floor area, except that
outside dining areas/patios with fewer than two hundred fifty (250) square
feet shall not be included in the gross square footage. Any outside dining
areas/patios larger than two hundred fifty (250) square feet shall have the
entire area included in the gross square footage.
(11) Semi-public uses such as YMCA, YWCA, scouts, boys club, etc. -
One space for each five hundred (500) square feet in activity areas such as
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gymnasium or swimming pools plus one space for each two hundred (200)
square feet of other building areas.
(12) Theaters and motion picture shows (including multiple screens) -
One (1) space for each eight (8) seats.
(13) All permitted uses not listed above - One space for each three
hundred (300) square feet of floor area.
(14) Conditional uses - The required number of spaces shall be set by the
zoning board of adjustment, based on the requirements for that use or
similar type uses in this or other districts.
(15) Any brewpub, microbrewery, microdistillery, microwinery, wine
tasting facility, beer tasting facility, or alcohol tasting facility shall not be
required to provide off-street parking.
SECTION 3. 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 4. 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.
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 6. 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 7. THAT this Ordinance shall become effective, except as may otherwise be provided
herein, from and after its publication as provided by law.
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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 August 13 , 2019.
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ATTEST:
Reb ea Garza, City Secre y
APPROVED AS TO CONTENT:
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Jesi McEachem, ssity Manager
APPROVED AS TO FORM:
Amy Si , D uty City Attorney
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