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Home My WebLink AboutOrdinance - 2023-O0148 - Zone Case 1840-B, Matsui Chan Cafes, LLC For Dockside Threading, Inc. - 12/12/2023First Reading December 5, 2023 Item No. 6.7 ORDINANCE NO. 2023-00148 Second Reading December 12, 2023 Item No. 5.36 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 1840-B; A ZONING CHANGE FROM C-2 TO C-3 ZONING DISTRICT AT 8004 INDIANA, SUITE A-10, LOCATED NORTH OF 82ND STREET, AND WEST OF INDIANA AVENUE, MELONIE PARK SOUTH ADDITION, TRACT S, LUBBOCK, TEXAS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE; AND, PROVIDING FOR PUBLICATION. WHEREAS, the proposed changes in zoning as hereinafter made have been duly presented to the Planning and Zoning Commission for its recommendation which was received by the City Council and, after due consideration, the City Council found that due to changed conditions, it would be expedient and in the interest of the public health, safety and general welfare to make those proposed changes in zoning; and WHEREAS, all conditions precedent required by law for a valid amendment to the Zoning Ordinance and Map have been fully complied with, including giving notices in compliance with Section 40.01.005 of the Code of Ordinances, City of Lubbock, Texas, and the notices provided by the Texas Local Government Code §211.007 (Vernon, 1990), and notice was duly published in the Lubbock Avalanche-Journal more than fifteen (15) days prior to the date of the public hearing before the City Council on such proposed amendment, and the public hearing according to said notice, was held in the City Council Chamber of the Municipal Building, Lubbock, Texas, at which time persons appeared in support of the proposal; and after said hearing, it was by the City Council determined that it would be in the public interest, due to changed conditions, that the Zoning Ordinance and the Zoning Map be amended in the manner hereinafter set forth in the body of this Ordinance and this Ordinance having been introduced prior to first reading hereof; NOW THEREFORE: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: ZONE CASE NO. 1840-B SECTION 1. THAT Ordinance No. 7084 and the Official Zoning Map are amended as follows: A change of zoning under the provisions of Section 40.01.005 of the Code of Ordinances of the City of Lubbock from C-2 to C-3 zoning district at 8004 Indiana, Suite A-10, located north of 82"d Street, and west of Indiana Avenue, Melonie Park South Addition, Tract S, City of Lubbock, Lubbock County, Texas. SECTION 2. 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 3. THAT should any paragraph, sentence, clause, phrase or word of this Ordinance be declared unconstitutional or invalid for any reason, the remainder of this Ordinance shall not be affected thereby. SECTION 4. THAT the City Secretary is hereby authorized to cause publication of the descriptive caption of this Ordinance as an alternative method provided by law. AND IT IS SO ORDERED. Passed by thc City Council on first reading on December 5, 2023 Passed by the City Council on second reading on December 12, 2023 TRAY AYNE, MAYOR ATTEST: Courtney Paz, City Secretary APPROVED AS TO CONTENT: . Kr'sten Sager, Direct f Planning APPROVED AS TO FORM: , elli Leisure, Senior Assistant City Attorney vwlcityatt/Kel I ilZoneCasel2C 1840-8 November 6, 2023 Zone Case No. 1840-B Page - 2 Planning Department City of Lubbock Council Meetin Applicant Property Owner Council District Matsui Chan Cafes, LLC Dockside Threading, Inc. 4 Recommendations • Staff recommends approval of this request. t.,. .:: �, Lubbock r¢zas December 5 Prior Board or Council Action • September 11, 1958, Ordinance No. 2535: The subject property was annexed into the City Limits. • June 11, 1959, Zone Case 769, Ordinance No. 2813: The subject property was zoned Single-Family District (R-1). • February 12, 1970, Zone Case 1643, Ordinance No. 5821: The subject property was rezoned from Single- Family District (R-1) to General Retail District (C-3). • June 28, 1975, Zone Case 1840, Ordinance No. 7095: The subject property was rezoned from General Retail District (C-3) to Local Retail District (C-2). • November 6, 2023, Zone Case 1840-B: The Planning and Zoning Commission recommended approval of a request for a zone change from C-2 to C-3 by a vote of 6-2-0. Notification Summary • Notifications Sent: 8 • Received In Favor: 0 • Received In Opposition: 0 Site Conditions and History The subject property was platted as Melonie Park South Tract S on May 5�'', 1976, and the subject building was constructed in 1984. Ad�acent Propertv Develoqment Properties to the south, north and east are zoned Local Retail District (C-2) and General Retail District (C-3) and developed with businesses. To the west are apartments and residential duplexes zoned Two-Family District (R- 2) and Family Apartment District (A-1). Zonin� Request and Analysis Item Summary The subject property is addressed as 8004 Indiana, Suite A-10, located north of 82nd Street, and west of Indiana Avenue, Melonie Park South Addition, Tract 5. The applicant is requesting a zone change from Locat Retail District (C-2), to General Retail District (C-3). Current zoning Requested zoning: Local Retail District (C-2) General Retail District (C-3) Page 1 of 2 Intent Statements The intent of the current C-2 zoning is "...to provide limited local retail and service commercial uses which serve one of several neighborhoods. Such districts may be located on existing thoroughfares or at the intersections of major thoroughfares." The intent of the requested C-3 zoning 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." Traffic Network/Infrastructure Impacts The location is along Indiana Avenue, which is designated as a Principal Arterial by the Master Thoroughfare Plan 2018. Arterials provide connectivity across the transportation network and are continuous routes whose function is to serve high volume needs to local traffic and regional traffic. Compatibility with Surrounding Property The proposed zone change is compatible with the surrounding area and will not change the character of the existing development. Conformance with Comprehensive P(an Principles and Future Land Use Map The Future Land Use Map designates this area for Commercial land uses. This request does conform to this designation, and would be appropriate next to adjacent land uses and along a major thoroughfare. Therefore, this request is in complete conformance with the Comprehensive Plan principles. Conformance with Zoning Ordinance The proposed zone change is in conformance with the zoning ordinance. The property is located along a major thoroughfare and is appropriate adjacent to nearby land uses. Suitobility of Property for Allowed Uses The property may be suitable for the proposed use, though additional improvements may be necessary. Attach ments A. Case Information B. Thoroughfare Plan Map C. Aerial Map D. Zoning Map E. Future Land Use Map F. Photos G. Application and supporting documentation Staff Contacts Shane Spencer Planner Planning Department 806-775-2103 sspencerC�mvlubbock. us Victor Escamilla Planning and Zoning Manager Planning Department 806-775-3029 vescamillaC�mvlubbock. us Page 2 of 2 Case Information: Zone Case 1840-B Allowable Uses: Transportation: Engineering Comments: Public Works Comments: Building Safety Comments: Fire Marshal Comments: General Retail District (C-3) City of Lubbock TEXAS The proposed development has a point of access from Indiana Avenue. Per Thoroughfare Thoroughfare Existing Development Plan Indiana Avenue, R.O.W. 110 feet, 7 lane, R.O.W. 110 feet, 7 lane, Principal Arterial, undivided, paved. undivided, paved. Complete No comments. No comments. No comments. No comments. Draft Planning and Zoning Commission Minutes District 4 3.1 Zone Case 1840-8: Matsui Chan Cafes, LLC for pockside Threading, Inc., request for a zone change from Local Retail District (C-2) to General Retail District (C-3), at: • 8004 Indiana, Suite A-10, located north of 82"d Street, and west of Indiana Avenue, Melonie Park South Addition, Tract S. PLANNER SHANE SPENCER stated there were eight (8) notifications sent out with none returned. Staff shared the location ofthe property, including pictures and maps and discussed the surrounding properties. Staff recommends approval of the request. TANNER NOBLE asked for the purpose of the request. MR. SPENCER advised the purpose is for a"cat cafe", which requires AC zoning for the boarding of animals. APPLICANTS DANIEL NELSON and VICTORIA MATSUI, 609 County Road 7150, Lubbock, TX, advised they are trying to bring the first cat cafe to Lubbock. It is a hybrid where one side is an animal rescue center, but the animals are not kept in cages. The other side will be a cafe that serves coffee, ice cream, and crepes. There will be a glass wall where you can see the cats from the cafe. SUSAN TOMLINSON asked if the cats will live there until they are adopted. MR. NELSON advised they would. TANNER NOBLE asked if the cats will be outside at any point. MR. NELSON advised they would not. No one spoke in favor or in opposition of this zone case. TERRI MORRIS advised it is a unique concept that she has not heard of before. Attachment A Page 1 of 2 Zone Case 1840-B In the matter of Zone Case 1840-B, a motion was made by TANNER NOBLE and seconded by BRANDON HARDAWAY to approve the zone case. The commission voted six (6) in favor to two (2) in opposition. The item will be forwarded to City Council for consideration. JAMES BELL and RENEE CAGE cast the votes in opposition. 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Yes 0 No � Representattve/Agent I�armatlon (if dif#�erent from owner} Fjrm tuame: Matsui Chan Cafes, LLC Name: Victoria Matsui Add�ess: �13 83rd St �iry: Lubbock State: TX z�P Code: 79424 Telephone: 8OG.999.2292 Email: victoriametsui2020(aBgmail.com Applicant's Printed Name: Victoria Matsui Owner Info�mation Firm Name: Dockside Threading, Inc. Owner. Address: � 020 - 789 West Pender 21P Code: V6C 1 H2 Tele o Property Owner; Signature: � Oate: �� Preparer Inform ion Preparer's SI atur Oate: 2 � Z o�,? Far City Use Only ctty: Vancouver sace: BC Email: "��anef�canctoumenagement.com nted Name: DoCkside Threading, InC. Printed Name: i�p�.� f1 �11'� - '� Zone Case No: Planning and Zoning Commission Qate: Request for zoning change from: To: Lots• Blocks• Addition: By signfng this applicaUon, ApplkarK agrea and wairarns that arry and aH materiah submitted to the Uty in support or referertce to this applicatlon are not protected by copyNghts or, in cases of potential copy�ighted mate►lals, the Applkant Is the sole owe�er of any copyrlghted I�terest and grancs to the City permisslo� and Ikense to reproduce, publish, dlsbibute and utill:e wch materials. '� til �I U `� I°� s � d�� l�M I fi ��t�( G�J� , � � � �� V� I �i G� '�1� 1S `�2� � ? +� � C� � � G- f �j � �t�� n� �} s -�� ,1 � � �.�n �- z � � � � ��..��.s� 1� n�P �. �► � t� ��P 1.� 41'��GICS ��'�.ST C� C�� . ,� . �,.�,, N G �� , (l.�s �M�.-� �� ! 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