HomeMy WebLinkAboutOrdinance - 2012-O0007 - Change To Zoning Code Regarding Adoption Of Central Business District 5 - 01/26/2012First Reading
January 26, 2012
Item No. 6.1
ORDINANCE NO. 2012-00007
Second Reading
February 9, 2012
Item No. 5.13
AN ORDINANCE AMENDING CHAPTER 40 OF THE CODE OF
ORDINANCES, CITY OF LUBBOCK, TEXAS, ENTITLED, "ZONING," ARTICLE
40.03, "DISTRICTS" BY ADDING DIVISION 19.1 ENTITLED "CB-5 CENTRAL
BUSINESS DISTRICT, CIVIC CENTER" TO ESTABLISH ZONING DISTRICT "CB-
5 CENTRAL BUSINESS DISTRICT, CIVIC CENTER"; PROVIDING A PENALTY;
PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION.
WHEREAS, the urban core of the Lubbock Central Business District is a unique
area of the city with special zoning needs; and
WHEREAS, the City Council of the City of Lubbock desires to facilitate renewal
and revitalization of these areas and provide realistic modern standards of development;
and
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 finds 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 Maps have been fully complied with, including giving notices
in compliance with 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, 1997), 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:
E IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT Chapter 40, Article 40.03 of the Code of Ordinances, City
f Lubbock, Texas, is hereby amended by adding a new division to be numbered 19.1
ihich said division reads as follows:
Division 19.1. "CB-5" Central Business District, Civic Center.
40.03.2150 Purpose
ie urban core of the Lubbock Central Business District is a unique area of the city with
-cial needs addressed in this division. The purpose of this district is to provide realistic,
)dern standards for new development and encourage renewal and revitalization of
isting development. The review process hereby established promotes this purpose.
Sec. 40.03.2151 General provisions
(a) All uses within this district shall be of retail sales, service, general or professional
office, or residential use.
(b) All business shall be conducted entirely within a building, except that restaurants
shall be permitted outside dining areas/patios as defined in section 40.01.003(138).
Outside storage and/or display of any type is prohibited.
(c) Any residential use within this district must meet the provisions of the
commercial building code.
(d) All structures shall be in keeping with the average value and construction of the
existing development in the area.
(e) Plan review requirement: No construction permit, unless it is for interior
renovation only of an existing structure, shall be issued within the "CB-5" District until a
plan review as required by this section has been completed and plans approved. The
proponent shall provide any items required for plan review.
(f) All warehousing shall be in conjunction with on premise retail sales. All
supplemental storage shall be attached to or adjacent to the principal building on the site
and be subject to all requirements pertaining to the principal building.
40.03.2152 Permitted uses
[Permitted uses in this district are the following:]
(1) Accessory buildings are subject to all other requirements of this division
(all materials must match primary structure). Temporary construction and/or field
sales office provided said structure is approved by the codes administrator. Said
structure must be removed within ten days of written notice from the codes
administrator.
(2) Ambulance service.
(3) Antique shop.
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(4) Art galleries.
(5) Arts and crafts store.
(6) Bake shop, candy store, delicatessen, donut shop, pie shop.
(7) Banks and savings and loan companies.
(8) Baseball field/park.
(9) Beauty or barber shops.
(10) Bicycle sales and repair shops.
(11) Book or stationery shops or newsstand.
(12) Camera shop.
(13) Churches and other places of worship.
(14) Civic center, performing arts center.
(15) Coin and stamp shops.
(16) Coin -operated machines, five (5) or less skill or pleasure coin -operated
machines as an incidental use to any permitted use in this district.
(17) Commercial parking lot or building. No gasoline sales permitted.
(18) Commercial private clubs and teenage clubs.
(19) Convalescent, nursing, orphan, maternity and geriatric homes and personal
care facilities.
(20) Dance hall (no mixed alcoholic beverage sales permitted).
(21) Day nurseries.
(22) Department store, discount center, family center.
(23) Dress shop.
(24) Drug store. In areas allowed by state and local laws, permit the sale of
alcoholic beverages for off-premise[s] consumption as an incidental use. (No
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accessory pass -out windows and/or delivery to customers while still in their motor
vehicles shall be permitted for any product other than prescription medications.)
(25) Duplicating/copy service.
(26) Fire stations.
(27) Florist shop.
(28) Funeral home or mortuary. (Ambulance service permitted.)
(29) Gift shop.
(30) Grocery store with not over three thousand (3,000) square feet of total
floor area. In areas allowed by state and local laws, permit the sale of alcoholic
beverages for off-premise[s] consumption as an incidental use. (No gasoline sales,
no accessory pass -out windows and/or delivery to customers while still in their
motor vehicles shall be permitted.)
(31) Hobby shop.
(32) Hospital, clinic or medical office.
(33) Hotel or motel.
(34) Lodges, sorority and fraternity houses.
(35) Loft apartment (conversion and new).
(36) Magazine agency.
(37) Museum.
(38) Music or video shop.
(39) Nightclub, bar or lounge.
(40) Office supply - no printing operation permitted.
(41) Offices, general and professional.
(42) Oil and gas wells (subject to conditions of Article 8.07, Oil and Gas
Drilling, of this Code).
(43) Package store.
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(44) Parking areas and/or buildings.
(45) Private schools having a curriculum equivalent to that of public schools.
(46) Public parks and recreational facilities owned by the City of Lubbock,
including party houses and/or community centers.
(47) Public schools.
(48) Radio studio, with no tower or antenna.
(49) Restaurants with sales of mixed alcoholic beverages as an incidental use.
Accessory passout windows and outside dining areas/patios shall be permitted as
defined in section 40.01.003(137) and 40.01.003(138).
(50) Restaurants when designed for service and consumption of food inside the
building except that accessory passout windows and outside dining areas/patios
shall be permitted as defined in section 40.01.003(137) and 40.01.003(138).
(51) Semi-public uses such as community clubhouses, YMCA, YWCA, boy
scouts, girl scouts, boys clubs, and little theaters.
(52) Skating rinks.
(53) Studios: art, teaching, dance, music, drama, photographic, interior
decorating.
(54) Tailor shop.
(55) Townhouse/condominiums (conversion and new) as defined in the
Specific Use District.
(56) Theaters and motion picture shows (includes multiple screens).
40.03.2153 Conditional uses
The following uses may be permitted when approved by the zoning board of adjustment
as specified in Article 40.02, Division 2 of this Chapter.
(1) Shared or leased parking within six hundred (600) feet of the property
when business circumstances, location of parking spaces and normal hours of use
are conducive to both businesses, and such arrangement is demonstrated by a
letter of agreement between the two (2) parties.
(2) Outside dining patios with front setbacks of less than twenty-five (25) feet,
unless allowed by the yard requirement section 40.03.2154(a)(1).
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(3) A bar, cocktail lounge, private club, nightclub, or dance hall with less than
six hundred (600) feet of separation from any established bar, cocktail lounge,
private club, nightclub, or dance hall. This distance shall be measured in a direct
line from front door to front door.
(4) Public utility installations such as, but not limited to, railroad right-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.
40.03.2154 Yard requirements
(a) Front yard. Any lot line adjacent to a dedicated street (not an alley) shall be a front.
(1) The front yard setback for structures and outdoor dining areas/patios shall
be no less than the average setback established by the development on the
adjacent lot or lots. If there is only a developed lot on one side, then the
development shall match the existing setback. If there is no adjacent development,
the required minimum setback shall be five (5) feet.
(2) However, any lot that fronts on a thoroughfare or expressway shall have a
setback of not less than forty-three (43) feet from the property line adjacent to the
thoroughfare or expressway.
(3) On corner lots, the front setback shall be no less than zero (0) feet and no
greater than the setback established by the development on the adjacent lot.
(4) In no event, however, shall any garage have less than a twenty (20) foot
front setback.
(5) Structures and outdoor dining areas/patios must meet the vision clearance
requirements of this section.
(b) Rear yard. There shall be no rear yard requirement. (Fire and building codes may
dictate differently.)
(c) Side yard. There shall be no side yard requirement. (Fire and building codes may
dictate differently.)
(d) Projections into required yards.
(1) Bay windows with a gross floor area of less than or equal to twelve (12)
square feet, cornices, belt courses, eaves, sills, awnings, canopies, and chimneys
may extend two (2) feet into any required yard.
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(2) Unenclosed fire escapes, stairways, covered doorways, porch overhangs
and/or balconies, covered or uncovered, may extend four (4) feet into any
required yard.
40.03.2155 Lot Width
There shall be no minimum lot width.
140.03.2156 Lot area
'There shall be no lot area requirement.
140.03.2157 Lot coverage
There shall be no lot coverage requirement.
140.03.2158 Floor area ratio
(There shall be no floor area ratio requirement.
140.03.2159 Height limit
I
shall be no height requirement.
140.03.2160 Separation
No bar, cocktail lounge, private club, nightclub or dance hall shall be located within six
hundred (600) feet of any established bar, lounge, private club, nightclub, or dance hall,
unless conditionally allowed under Section 40.03.2153(3) of this division. This distance
shall be measured in a direct line from front door to front door.
40.03.2161 Off-street parking
(a) Off-street parking requirements.
(1) 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.
(2) Clinic, medical — One space per two hundred (200) square feet of gross
floor area.
(3) Day nurseries - One space for each three hundred (300) square feet of
gross floor area.
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(4) Funeral home or mortuary - One space for each eight (8) seats in the
chapel.
(5) Hospital - Two (2) spaces for each bed.
(6) Loft apartment - One 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 additional space for each four (4) units in the
development.
(7) Nightclub, bar, lounge, or dance hall - One space for each one hundred
(100) square feet of gross floor area.
(8) Performing arts center — 1 space per 4 seats.
(9) 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.
(10) 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 gymnasium
or swimming pools plus one space for each two hundred (200) square feet of other
building areas.
(11) Theaters and motion picture shows (including multiple screens) - One (1)
space for each eight (8) seats.
(12) Townhomes — two spaces per unit.
(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.
(b) Off-street parking provisions.
(1) Required off-street parking may be on -site or on property under common
ownership within three hundred (300) feet of the property.
(2) Shared or leased parking shall be subject to approval by the zoning board
of adjustment under Section 40.03.2153(l).
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(3) Any lighting of drives or parking areas shall be so designed as not to cause
any glare on any other residential or apartment zoned area in the vicinity.
(4) Off-street parking shall be screened in accordance with
Section 40.03.2164(f).
(5) Plans for off-street parking areas shall be submitted to be checked and
approved as to access, ingress and egress by the city traffic engineer under the
terms of this district and the city's driveway regulations.
(6) No off-street parking areas shall be allowed in front of buildings on Mac
Davis Lane, Glenna Goodacre Boulevard, or any street bordering the Civic
Center. Parking areas may be installed at the side or at the rear of a structure.
(7) No overhead or garage doors shall be allowed facing Avenue Q, Mac
Davis Lane, Glenna Goodacre Boulevard, Marsha Sharp Freeway, or any street
bordering the Civic Center.
(8) Recreational vehicles and oversized recreational equipment or trailers may
be stored on paved parking lots, but not in any landscaped area.
(a) In no event shall storage of recreational vehicles or oversized
recreational equipment or trailers be allowed in the right-of-way or
parkway.
(b) No person shall occupy or use any recreational vehicles as living
or sleeping quarters, except as allowed in subsection i. below.
(9) Exceptions to recreational vehicle requirements in
Section 40.03.2161(b)(8):
(a) Any recreational vehicle, oversized recreational equipment or
trailer parked by its owner who is a Lubbock resident, on his lot, while
engaged in active loading or unloading for a period not exceeding forty-
eight (48) hours in a five-day period.
(b) The recreational vehicle of a non -Lubbock resident on the lot or
parcel of a person he is visiting. However, the recreational vehicle shall
only be allowed to be parked on the lot for a maximum of fourteen (14)
days during a thirty -day period.
(c) Recreational vehicles parked on private parking lots of hospitals
and/or clinics where parking of such vehicles is allowed.
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(d) Recreational vehicles parked on parking lots of the civic center
where parking of such vehicles is allowed (subject to any civic center
policies and regulations).
Sec. 40.03.2162 Plan review
Persons developing property within the "CB" districts are strongly encouraged to
schedule a pre -application conference with the planning department. Plans submitted
under the provisions of this section should convey the exterior design elements of a
development and illustrate the property's relationship to its surroundings. A complete set
of documents shall include the following information:
(1) Completed project application form.
(2) Owner or representative's name, address, phone and project title.
(3) Photographs illustrating the condition of the property, including all
facades of any existing buildings.
(4) Site plans, maps and/or elevation drawings of proposed structures. All
submissions should be to scale and illustrate:
(A) All property lines, north arrow and scale.
(B) All streets, alleys and easements, both existing and proposed.
(C) Architectural character and use of materials, including mechanical
equipment and other visible items associated with the structure or
development lot. Illustrations should include:
(i) Elevation drawings, photographs and other supporting
materials to illustrate the proposed renovation.
(ii) Specifications for all materials to be used, including
samples if necessary for complete understanding.
(iii) Color specifications with samples preferred.
(D) Location and dimensions of buildings and structures.
(E) Building height and setback from adjacent right-of-way lines.
(F) Proposed ingress and egress to property, and traffic flow and
control.
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(G) Off-street parking and loading areas, including any additional
information required to calculate parking requirements.
(H) Type, dimension, and character of screening.
(I) Location, size and design of signs, existing and proposed.
(J) Location, height and design of outdoor lighting.
(K) Landscape and irrigation plan for the development lot, including
specifications for hard -surface landscape materials.
(5) Other information that will assist in the evaluation of site development is
encouraged, but not required.
Sec. 40.03.2163 Plan review process
(a) Prior to issuance of a construction permit, complete plans as described in
Section 40.03.2162(1) — (5) shall be submitted to the planning department. The senior
planner or his designated representative shall determine by review of such plans whether
the proposed development meets the intent of this section and the "Design Standards for
the Central Business District," dated 1999, a copy of which is attached hereto and
incorporated in this ordinance as if fully set forth. Any development within the CB-5
district shall follow the CB-3 guidelines in the "Design Standards for the Central
Business District." Within ten (10) working days of receipt by the planning department,
both the proponent and the building official will be informed in writing of the senior
planner's decision including the need for review by the urban design and historic
preservation commission as described in Section 40.03.2163(b), or any conditions for
approval. The senior planner's decision may be appealed in writing to the zoning board of
adjustment by the applicant or other interested person within thirty (30) days of the
written decision in accordance with Article 40.02, Division 2 of this Chapter.
(b) If the senior planner determines that the proposal contains unique circumstances
which cannot be accommodated by the standards of this zoning district and the "Design
Standards for the Central Business District," the senior planner shall notify the proponent
in writing and the plans shall be placed on the next available agenda of the urban design
and historic preservation commission for recommendations. The commission shall use
this section and the design standards to determine whether the development meets the
intent of each and to make recommendations. Factors to be considered by the commission
in making its recommendation and attaching conditions include: the extent to which the
proposal differs from the design standards or the standards of the ordinance, the impact of
these modifications on existing and future development in the area, and the public
purpose to be served by permitting the requested modifications.
(c) Upon recommendation by the commission, the senior planner may vary the
requirements of the design standards so long as the requirements of Division 19.1 are not
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altered. Variances from the requirements of Division 19.1 even if recommended by the
commission, must be approved by the zoning board of adjustment in accordance with
'Article 40.02, Division 2 of this Chapter. The commission shall provide its
recommendations in writing to the applicant and to the zoning board of adjustment.
I Sec. 40.03.2164 Landscaping requirements
(a) No less than ninety (90) percent of the required front yard excluding paved curb
returns or driveways up to a minimum of ten (10) percent of the total development lot
area shall be landscaped and permanently maintained, except that:
(1) Interior courtyards shall not be included in any required landscaping.
(2) Buildings with zero (0) front and side setback shall not be required to have
any on -site landscaping except that when a structure with zero (0) setback has
adjacent parking ten (10) percent of that parking area must be landscaped and
visible from the street, either in front or elevated (ex. shrubs and trees visible over
vehicles)
(b) The parkway areas of adjacent rights -of -way, excluding paved curb cuts and
driveways, shall be landscaped and permanently maintained. This shall be in addition to
the landscaping required above. Any landscaping placed in the parkway must be in
compliance with section 40.02.002(f)(9) of the zoning ordinance and the Downtown
Public Improvements Guidelines.
(c) All required landscaping must be visible from the public right-of-way and placed
for maximum enhancement of the property and the Civic Center Area.
(d) Landscaping shall meet the requirements of section 40.01.003(88), except that
required landscaping on the development lot may incorporate no more than ten (10)
percent hard surface materials within the landscaping. Hard surface materials shall
include only brick, stone, and modular pavers. Landscaping shall not include the use of
smooth, patterned, colored or aggregate poured -in -place concrete or asphalt.
(e) Any landscaping placed within the visibility triangle of a corner lot shall be in
compliance with the vision clearance standards of this section.
�(f) Off-street parking of motor vehicles immediately adjacent to any street shall be
�screened from the street by a two and one-half foot (2 1/2) solid fence. Such fencing shall
be placed immediately adjacent to the parking area in accordance with
subsection 40.03.2165(a) of this section and set back no more than six (6) feet. The area
between the fence and the property line, if any, must be landscaped and permanently
maintained according to the landscape section of this ordinance.
g) All landscaped areas on the development tract and adjacent parkway shall have
mmediate availability of water (i.e., a water faucet) or an irrigation system, either system
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to be capable of sustaining plant materials. Irrigation systems shall meet acceptable
industry standards.
(h) Irrigation systems adjacent to public streets shall not spray onto adjacent streets or
gutters.
(i) When seasonal conditions warrant, the building official may issue a temporary
certificate of occupancy for sixty (60), ninety (90), or one hundred twenty (120) days
pending completion of landscaping. No final certificate of occupancy shall be issued
prior to completion of landscape requirements.
Sec. 40.03.2165 Vision clearance
(a) Front yards. In a front yard, no wall, fence or other structure shall be erected in
any part of the front yard that would be higher than a line extending from a point two and
one-half (2 1/2) feet above the natural ground level at the front lot line to a point four and
gone -half (4 1/2) feet above the natural ground level at a depth of twenty-five (25) feet
from the front lot line.
(b) Corner lots. It shall be unlawful to set out, construct, maintain, or permit or cause
to be set out, constructed, or maintained any tree, shrub, plant, sign or structure or any
other view obstruction having a height greater than two (2) feet as measured from the top
of the curb of the adjacent streets within the intersection visibility triangle. This
restriction shall not apply to traffic control signs and signals, street signs or utility poles
placed within such area by authority of the city. Intersection visibility triangle shall mean
a triangle sight area, at all intersections, which shall include that portion of public right-
of-way and any corner lot within a triangle formed by a diagonal line extending through
points on the two (2) property lines twenty-five (25) feet from the street corner
intersection of the property lines (or that point of intersection of the property lines
extended) and intersecting the curb lines.
(c) Parkways. It shall be unlawful to set out, construct, maintain, or permit to be
maintained, set out or constructed any shrub or plant (excluding trees), sign or structure,
or any other view obstruction having a height of greater than three (3) feet, as measured
from the top of the curb of the adjacent street, in the parkway area. All trees with a trunk
diameter greater than two (2) inches measured three (3) feet above ground level that are
within any of the parkway area shall be trimmed so that no foliage is less than six (6) feet
above the top of the curb of the adjacent street. No evergreen or coniferous species of tree
shall be allowed in the parkway.
(d) This section shall not apply to traffic control signs and signals, street signs, mail
boxes which are less than two (2) feet long on each side which is perpendicular to the
street, or utility poles placed within the parkway. No such tree, shrub or plant, sign or
structure (including mailboxes) shall be allowed to interfere with the free passage of
vehicles on the street or of pedestrians on the sidewalk or to obscure the view of motor
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vehicle operators of any traffic control device or street sign or otherwise create a traffic
hazard.
SECTION 2. THAT violation of any provision of this Ordinance shall be
deemed a misdemeanor punishable by a fine not to exceed Two Thousand and No/100
Dollars ($2,000.00) as provided in 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 the City Council on first reading on
Passed by the City Council on second reading on
ATTEST:
RebAca Garza, City Secret y
APPROVED AS TO CONTENT:
Randy Henson irector of Planning
.PPRQVED AS O FORM:
Chad Weaver -
Assistant City Attorney
vw/CityAtt/Chad/Zones/OrdPublicHrg /CB-5 (Revised)
February 14, 2012
January 26, 2012
February 9, 2012
TOM MARTIN, MAYOR
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