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HomeMy WebLinkAboutOrdinance - 2018-O0134 - Amending Chapter 40 Zoning - 11/15/2018II First Reading ~ovember 15, 2018 Item No. 7.8 Second Reading December 6, 2018 ItemNo.7.10 ORDINANCE NO. 2018-00134 AN ORDINANCE AMENDING CHAPTER 40, •'ZONING," OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, TEXAS BY AMENDING SECTION 40.03.3103(y) RELATED TO SELF-STORAGE FACILITIES; AMENDING SECTIONS 40.01.2353 AND 40.01.2843 TO PERMIT SELF STORAGE FACILITIES IN CERTAIN INDUSTRJAL AND COMMERCIAL DISTRJCTS; 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 September 6, 2018, found that it is in the best interest of the citizens of the City of Lubbock to amend Section 40.03.3103(y) related to self-storage facilities and permitting such in certain industrial and commercial districts; 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 40.03.3 lOJ(y) of the Code of Ordinances. City of Lubbock, Texas is hereby amended to read as follows: (y) Self-Storage Facilities in C-2. C-3. and C-4: Subject to the follo\\,ing as minimum conditions: (1) Height limitations will be in confonnance with the zonmg district requirements in which the facility is located. (2) The storage of goods which arc 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-1 A,·· or "R-2" zoning district, unless trees are plw1ted 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 betwt:en 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(i)(9)(C). {4) A six-fool 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 masonr)' 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. (6) Setback reguirements 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 foci lity 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 ( l) space per each two-hundred (200) square feet of office/retail gross floor area plus one (l) space per each one hundred { l 00) rental units, but in no event shall there be less than eight (8) spaces total. (8) Landscaping requirements in 1he respective zoning district (C<2, C-3 , or C-4) shall be met, except that the following lot coverage reguirements shall apply: a. Where any side or rear of a facility abuts a street the entire area between the building (or requ.ired 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 n:spective districts. I' II II II 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 thl! president, vice-president, general manager, local manager and loc•I agent liable to the penalty prescribed in this chapter. SECTION 2. THAT Section 40.01.2353 of the Code of Ordinances, City of Lubbock. Texas is hereby amended by adding a section to be numbered 40.01.2353 (35a), which said section reads as follows: (35a) Self-Storage Facilities SECTION 3. THAT Section 40.01.2843 of the Code of Ordinances, City of Lubbock, Texas is hereby amended by adding a section to be numbered 40.01.2843 (58<1), which said section reads as follows: (35a) Self-Storage Facilities SECTION 4. THAT, violation of any provision of this Ordinance shall be deemed a misdemeanor punishable by fine not to exceed Two Thousand and Noll 00 Dollars ($2,000.00) as provided in Section 40.01.006 of the Zoning Ordinance of the City of Lubbock. SECTION S. 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. SECTlON 6. 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 chang~s provided herein, such omission is inadvertent and unintentional, and, upon the effective date of this Ordinance. an) st1ch 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 November 15 Passed by the City Council on second reading on December 6 ATTEST: APPROVED AS TO CONTENT: APPROVED AS TO FORM: Amy t ,,·do~, O..,cll .\.1or~g,· Spe"rnl L ,1· Or1hn~n,c L>~t.,lm 22. 201 '1 DANIEL ~ , 2018. , 2018.