HomeMy WebLinkAboutOrdinance - 2019-O0087 - Chapter 40 Zoning - Adding Urban Design To Chapter 2 - 07/09/2019First Reading
June 25, 2019
Item No. 7.14
ORDINANCE NO. ?.019-on0R7
Second Reading
July 9, 2019
Item No. 7.18
AN ORDINANCE AMENDING CHAPTER 40, "ZONING," OF THE CODE OF
ORDINANCES OF THE CITY OF LUBBOCK, TEXAS BY REMOVING URBAN
DESIGN AND HISTORIC PRESERVATION COMMISSION CREATION,
ADMINISTRATION, AND PLAN REVIEW FROM CHAPTER 40 AND RENUMBERING
SUCH; SAID AMENDMENTS MORE PARTICULARLY BEING TO DIVISION 28 OF
ARTICLE 40.03 OF THE ZONING CODE; AMENDING CHAPTER 2,
"ADMINISTRATION AND PERSONNEL" OF THE CODE OF ORDINANCES OF THE
CITY OF LUBBOCK BY ADDING URBAN DESIGN AND HISTORIC PRESERVATION
COMMISSION CREATION, ADMINISTRATION, AND PLAN REVIEW; SAID
AMENDMENTS MORE PARTICULARLY BEING TO ADD DIVISION 19 TO ARTICLE
2.03 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK; 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 Jame 6.�2019 , found that it is in the best interest of
the citizens of the City of Lubbock to amend Division 28 of Article 40.03 of the Zoning Code to
remove section related to the creation, administration, and plan review of the Urban Design and
Historic Preservation Commission from Article 40.03 and add such to Article 2.03 of the Code of
Ordinances of the City of Lubbock and renumber such accordingly; 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;
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 Division 28 of Article 40.03 of the Code of Ordinances, City of Lubbock,
Texas is hereby amended to read as follows:
Division 28. Historical Preservation and Urban Design District
Sec.40.03.3211 Purpose
The purpose of this district is to provide means by which citizens can initiate
action to preserve archeological, historical, cultural, architectural and landscape
architectural landmarks as part of the heritage of this city. This district provides
all standards, rules, regulations and other administrative procedures necessary for
its implementation as part of this division. As such, it is to be construed in
harmony with the purposes and general objectives stated in 40.01.002 of this
chapter.
See.40.03.3212 Definitions
(a) Building official. The building official shall be the building inspection
administrator of the City of Lubbock.
(b) Exterior architectural eature. The style, design, general arrangement, and
components of all the outside surfaces of a structure which characterize the
landmark or district.
(c) Historic landmark. Any building, structure, site, area, or land of architectural,
landscape architectural, historical, archeological or cultural importance or value, as
may be designated for preservation by the City Council.
(d) Historic landmark district. That area within the boundaries of an historic
landmark plus such lands, structures, and landscape architectural features adjacent
thereto as may be designated by the City Council as being necessarily regulated for
the preservation and utilization of that landmark.
(e) Landscape architectural feature. The general arrangement of the grounds
within an historic landmark district, including, but not limited to, the topographic
grade, water pooling and runoff, types and sites of plant materials, types and sites
of surface materials such as decorative bark, rock, stone, gravel, concrete, asphalt,
brick, and the types and sites of constructions not otherwise deemed to be structured
per se, such as fences, retaining walls, decks and other miscellaneous fixtures.
Sec. 40.03.3213 Declaration of policy
The City Council hereby finds and declares as a matter of public policy that the
protection, enhancement, preservation and use of historic landmarks and historic
landmark districts to be a public necessity and required in the interest of the
culture, prosperity, education and general welfare of the people. The purposes of
this division are:
(1) To protect, enhance and perpetuate historic landmarks which
represent or reflect distinctive and important elements of the city's and
state's architectural, landscape architectural, archeological, cultural, social,
economic, ethnic and political history, and to develop appropriate settings
for such places.
(2) To safeguard the city's historic and cultural heritage, as embodied and
reflected in such historic landmarks by appropriate regulations.
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(3) To stabilize and improve property values in such locations.
(4) To foster civic pride in the beauty and accomplishments of the past.
(S) To protect and enhance the city's attractions to tourists and visitors
and provide incidental support and stimulus to business and industry.
(6) To strengthen the economy of the city.
(7) To promote the use of historic landmarks and historic landmark
districts for the culture, prosperity, education, and general welfare of the
people of the city and visitors to the city.
Sec, 40.03.3214 Designation of historic landmarks and historic landmark
districts
(a) The City Council may designate buildings, structures, sites, areas, and land
in the city as historic landmarks and define, amend and delineate the boundaries
thereof. The territory within such boundaries shall also be a historic landmark
district, and when necessary for the preservation or utilization of the historic
landmark, the City Council may extend the historic landmark district into adjoining
lands by defining, amending and delineating new boundaries therefor without
having to amend the boundaries of the historic landmark.
(b) The "Design -historic" zoning designation, as indicated by the suffix "DH,"
shall apply to all historic landmark districts in addition to their other zoning
designations. The "Design -historic" zoning designation shall be indicated on the
official zoning reaps through the use of a map overlay, which is identified in the
map legend. Said zoning designation shall indicate conditions placed on said
property by the City Council.
(c) The zoning ordinance in which any building or structure is designated as a
historic landmark shall incorporate by reference (a) photographs, (b) drawings, (c)
renderings, (d) written standards, or any combination thereof which illustrate the
exterior architectural features to be maintained, regulated and preserved.
(d) The zoning ordinance, in which any territory is designated as a historic
landmark district, shall incorporate by reference (a) photographs, (b) drawings, (c)
renderings, (d) written standards, or any combination thereof which illustrate any
architectural feature of nonlandmark buildings or structures or landscape
architectural feature to be maintained, regulated and preserved. Said photographs,
drawings or renderings shall also illustrate the location of any buildings or
structures within a historic landmark district, but which are not designated as
historic landmarks, or landscape architectural features, and shall include notations
for each such building or structure identifying its size, use, and location. The
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minimum number of standards, necessary to achieve the objectives of landmarks
and districts, shall be required.
(e) In the event that any standard established for any "DH" district conflicts with
any previously established zoning standards, the "DH" district standards shall be
controlling.
Sec. 40.03.3215 Criteria for historic landmark designation
In making historic landmark designations as set forth in section 40.03.3214, the
City Council shall consider, but shall not be limited to, one or more of the
following criteria:
(1) Character, interest or value as part of the development, heritage or
cultural characteristics of the City of Lubbock, State of Texas, or the United
States.
(2) Recognition as a Recorded Texas Historic Landmark, a National
Historic Landmark, or entry into the National Register of Historic Places.
(3) Embodiment of distinguishing characteristics of an architectural type
or style.
(4) Identification as the work of an architect, landscape architect, or
master builder whose individual work has influenced the development of
the city.
(5) Embodiment of elements of design, detail, materials or craftsmanship
which represent a significant architectural or landscape architectural
innovation.
(6) Relationship to other distinctive buildings, sites or areas which are
eligible for preservation based on architectural, landscape architectural,
historic or cultural motif.
(7) Portrayal of the environment of a group of people in an area of history
characterized by a distinctive architectural or landscape architectural style.
(8) Archeological value in that it has produced or can be expected to
produce data affecting theories of historic or prehistoric interest.
(9) Exemplification of the cultural, economic, social, ethnic or historical
heritage of the city, state, or the United States.
(10) Location as the site of a significant historic event.
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(11) Identification with a person or persons who significantly contributed
to the culture and development of the city, state or the United States.
(12) A building, structure, or landscape development that because of its
location has become of value to a neighborhood, community area, or the
city.
(13) Value as an aspect of community sentiment or public pride.
Sec. 40.03.3216 Action by the urban design commission
(a) Any citizen or citizen's group may, with the property owner's consent, request
the urban design commission to recommend to the planning and zoning
commission ordinances designating certain buildings, structures, sites, districts,
areas and lands in the city as historic landmarks and historic landmark districts. The
urban design commission shall hold a public hearing on all proposed ordinances
and shall be conducted in accordance with Division 19 of Article 2.03.
(b) The urban design commission shall render a decision on the request within
ninety (90) days after the request is made. In the event the urban design commission
fails to render a decision within the prescribed time limitation, such failure shall be
deemed a decision to not recommend that the property be designated as a historic
landmark or historic landmark district, in which case said property shall not be
reconsidered upon request originating from the urban design commission, for
recommendation as a historic landmark or historic landmark district, for at least one
year, in the absence of an alteration of material conditions affecting the case.
(c) if the urban design commission finds that buildings, structures, sites, districts,
lands or areas recommended for designation as historic landmarks or historic
landmark districts cannot be preserved without acquisition, the commission shall
recommend to the City Council that the fee or a lesser interest of the property in
question be acquired by gift, devise, purchase, eminent domain or otherwise,
pursuant to the charter, and state and federal law.
(d) Where there are conditions under which the required preservation of a historic
landmark or historic landmark district would cause undue hardship on the owner or
owners, district changes may be recommended by the urban design commission to
the planning and zoning commission.
(e) The designation of a historic landmark or historic landmark district may be
amended or removed using the same procedure provided in this division for the
original designation.
(f) A notice of said zoning shall be placed by the secretary of the planning and
zoning commission in the deed records of Lubbock County for each property
designated as a historic landmark or historic landmark district.
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Sec. 40.03.3217 Alterations and changes; certificates of appropriateness;
ordinary repair or maintenance; appeal
(a) Landscape architecture, buildings, and other structures as landmarks. No
person or entity shall construct, reconstruct, alter, change, restore, remove or
demolish any exterior architectural feature or landscape architectural feature of a
designated historic landmark unless application be made to the urban design
commission for a certificate of appropriateness, and such a certificate be granted.
(b) Nonlandmark items located in landmark district.
(1) Nonlandmark landscape architectural feature in historic landmark
district. No person or entity shall construct, reconstruct, alter, change,
restore, remove or demolish any nonlandmark landscape architectural
feature as may be designated by the City Council for preservation in a
designated historic landmark district unless application be made to the
urban design commission for a certificate of appropriateness, and such
certificate be granted. The normal maintenance of plant material through
mowing, trimming, pruning, weeding and thinning shall be permitted, but
shall not include the total elimination, either literally or effectively, of such
plant material.
(2) Nonlandmark buildings and other structures in historic landmark
district. No person or entity shall construct, reconstruct, alter or change any
exterior feature of a nonhistoric landmark building or structure that may be
located in a designated historic landmark district, unless application be
made to the urban design commission, for a certificate of appropriateness
and such a certificate be granted; excluded from regulation in this paragraph
shall be the total demolition and removal of a nonhistoric landmark structure
that may be located in a designated historic landmark district.
(c) Procedure when building permit is required.
(1) When applying for a building permit for the exterior of a designated
historic landmark, or nonhistoric landmark in a historical district, the
applicant shall submit two (2) copies of all detailed plans, elevations,
perspectives, specifications, photographs, renderings and other documents
pertaining to the work to the building official, who shall forward such
application to the urban design commission chairperson within five (5) days
of receipt thereof. Any applicant may appear at a regular or special meeting
of the urban design commission before submitting an application, and may
consult with said commission during the review of the permit application.
(2) The urban design commission, upon ten (10) days written notice to
the applicant, shall hold a hearing on the application. Upon review of the
application, if the urban design commission finds that proposed work is of
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a nature which will not adversely affect any designated exterior
architectural, historic or landscape architectural feature of the designated
historic landmark or historic landmark district, and is appropriate and
consistent with the spirit and purposes of this article, as submitted or with
noted conditions, it shall notify the building official and forward a
certificate of appropriateness to the applicant within ten (10) days after the
public hearing.
(3) if the urban design commission finds that the proposed work will
adversely affect or destroy any significant exterior architectural feature or
landscape architectural feature of any historic landmark or historic
landmark district, or is inappropriate or inconsistent with the spirit and
purposes of this division, it shall notify the building official that the
application has been disapproved and shall, within ten (10) days of the
public hearing, notify the applicant in writing of the disapproval. Suggested
changes in the application shall accompany the notice of disapproval.
(4) if no action has been taken by the urban design commission within
sixty (60) days of original receipt by the urban design commission, a
certificate of appropriateness shall be deemed issued by the urban design
commission, and the building official shall so advise the applicant.
(5) No change shall be made in the application for any building permit
after issuance of a certificate of appropriateness without resubmittal to the
urban design commission and approval thereof in the same manner as
provided above.
(6) After a decision is reached by the urban design commission denying
an application for a certificate of appropriateness, a resubmittal of
application will not be accepted for additional hearing within a twelve-
month period from the date of final decision, except upon written request
by the applicant indicating that there has been a change in conditions or that
all changes in the application as recommended by the urban design
commission have been met.
(d) Procedure when building_ permit is not required.
(1) Those proposed exterior changes and alterations not requiring a
building permit shall be submitted in writing directly to the urban design
commission for a certificate of appropriateness, which must be received
before such work can be undertaken. Applicants shall submit a copy of all
proposed alterations and changes to the commission. The application must
describe the alteration or change proposed. Any applicant may appear at a
regular or special meeting of the urban design commission before
submitting an application, and may consult with said commission during the
review of the application.
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(2) The urban design commission, upon ten (10) days written notice to
the applicant, shall hold a hearing on the application. Upon review of the
application, if the urban design commission finds the proposed work of a
nature which will not adversely affect any significant exterior architectural,
historical or landscape architectural feature of a designated historic
landmark or historic landmark district, and is appropriate and consistent
with the spirit and purposes of this division, it shall forward a certificate of
appropriateness to the applicant within ten (10) days of the hearing of said
application.
(3) if the commission finds that the proposed work will adversely affect
or destroy any exterior architectural or landscape architectural feature of the
designated historic landmark or historic landmark district, or is
inappropriate or inconsistent with the spirit and purposes of this division,
the secretary shall notify the applicant in writing within ten (10) days of the
hearing of said application that the application has been disapproved, and
shall include in such notification the changes necessary for approval of the
application.
(4) if no action has been taken by the urban design commission within
sixty (60) days of the receipt of the application, a certificate of
appropriateness shall be deemed issued by the urban design commission.
(5) No change shall be made in the application for issuance of a certificate
of appropriateness without resubmittal to the urban design commission and
approval thereof in the same manner as provided above.
(6) After a decision is reached by the urban design commission denying
an application for certificate of appropriateness, a resubmittal of an
application will not be accepted for additional hearing within a twelve (12)
month period from the date of final decision, except upon written request
by the applicant indicating that there has been a change in conditions, or
that all changes in the application as recommended by the urban design
commission have been made.
(e) Ordinary repair or maintenance. Ordinary repair or maintenance which does
not involve changes in architectural, landscape architectural or historical value,
style or general design is exempt from the provisions of this section.
(f) Appeal. Any applicant or interested person aggrieved by a ruling of the urban
design commission under the provisions of sections 40.03.3219 or this section may,
within thirty (30) days after the ruling, appeal in writing to the City Council, via
the planning and zoning commission which shall, after hearing thereon, forward its
recommendation with the appeal to the City Council.
See. 40.03.3218 Historic landmarks; demolition or removal
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(a) If an application is received for demolition or removal of a designated historic
landmark, the building official shall immediately forward the application to the
urban design commission. The urban design commission shall hold a public hearing
on the application within thirty (30) days after the application is initially filed with
the building official. The applicant shall be given ten (10) days written notice of
the hearing. The urban design commission shall consider the state of repair of the
historic landmark, the reasonableness of the cost of restoration or repair, the
existing or potential usefulness, including economic usefulness, the purposes
behind preserving the historic landmark, the character of the neighborhood, and all
other factors it finds appropriate. If the urban design commission determines that
in the interest of preserving historical values, and preserving an economically
viable building or site, the historic landmark should not be demolished or removed,
the secretary shall notify the building official that the application has been
disapproved, and the building official shall so advise the applicant within ten (10)
days therefrom.
If the urban design commission determines that the interest of preserving
historical values will not be adversely affected by such demolition or removal, or
that the interest of preserving historical values can best be served by the removal
of a structure to another specified location, it shall issue its certificate of
demolition or its certificate of removal, as may be appropriate, to the building
official; and the building official shall so advise the applicant within ten (10) days
therefrom.
In the event a historic landmark must be demolished and it is not the sole historic
landmark in that historic landmark district, said site shall remain a part of that
historic landmark district, but shall lose its historic landmark designation.
(b) If no action has been taken by the urban design commission within sixty (60)
days of original receipt by the urban design commission of the application, a
certificate of demolition or a certificate of removal shall be deemed issued by the
urban design commission, and the building official shall so advise the applicant.
(c) After a decision is reached by the urban design commission denying an
application for a certificate of demolition or a certificate of removal, a resubmittal
of application for such a certificate will not be accepted for additional hearing
within a twelve-month period from the date of final decision.
(d) Any person who is aggrieved by a ruling of the urban design commission
concerning an historic landmark or historic landmark district under the provisions
of this division may, within sixty (60) days after the ruling of the urban design
commission, appeal to the City Council via the planning and zoning commission,
which shall, after hearing thereon, forward its recommendation with the appeal to
the City Council. Following a public hearing to be held within thirty (30) days of
the filing of a notice of such appeal with the city secretary, the City Council may
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uphold or overturn any ruling of the urban design commission made pursuant to
this section.
Sec. 40.03.3219 Procedure for obtaining building permit, removal permit,
demolition permit and for altering the exterior of a building or structure, or
altering a landscape architectural feature, during pendency of consideration
of such building or structure as a historic landmark or as a part of a historic
landmark district
(a) Subject to the following conditions, a moratorium shall be enforced during
which time no person or entity with or without a building permit, shall construct,
reconstruct, alter, change, restore, remove or demolish any exterior architectural
feature of any certain building, structure or site or any certain landscape
architectural feature. This moratorium shall be in effect whenever:
(1) The date on which the chairperson, vice -chairperson or executive
secretary of the urban design commission by written order directs that said
building, structure or site within the city be placed upon the agenda for any
meeting of the urban design commission, or any committee thereof, for the
purpose of considering or discussing whether or not the same should be
designated as a historic landmark or historic landmark district; or
(2) The date whenever such item be placed on such agenda for such
purpose, if dated; or
(3) if not dated, the date such agenda is posted in accordance with the
provisions of the Texas Open Meetings Act, Texas Government Code
Chapter 551, as amended.
(4) This moratorium shall continue in force and effect until the
earliest of the following conditions are met:
(5) A final and binding certificate of appropriateness, removal or
demolition, as may be appropriate, has been issued by the urban design
commission;
(6) The urban design commission fails to recommend that some part or
all of any such property be designated a historic landmark or be included
within a historic landmark district within sixty (60) days following the
earliest of the above described dates activating this section applicable under
the circumstances; or,
(7) A final and binding decision has been made by the City Council that
no part of any such property shall be designated a historic landmark or shall
be included within any designated historic landmark district.
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(b) It shall be the duty of the urban design commission and its officers to furnish
the building official with a copy or written notice of each such written order or such
agenda as promptly after the preparation thereof as is practicable. The failure to so
furnish the building official with a copy or written notice thereof, however, shall
not have the effect of validating any building permit, removal permit or demolition
permit issued in ignorance of any such written order or agenda. In any instance in
which any such permit may not be required, it shall be the duty of the urban design
commission and its officers to give notice of any such written order or such agenda
or such preservation plan or amendment thereof to the owner or owners of any
property included within the scope thereof, which notice shall be deemed complete
when actually given, orally or in writing, to such owner or owners, or when written
notice thereof is deposited in the United States mail, postage prepaid, certified, with
return receipt requested, addressed to such owner or owners, whichever event first
occurs. No person or entity to whom any such permit is issued or who, if no such
permit is required, commences to construct, reconstruct, alter, change, restore,
remove, or demolish any exterior architectural feature of any such building or
structure or of any such landscape architectural feature without actual or
constructive notice of any such written order or such agenda or such preservation
plan or amendment thereof, as the case may be, as required by the provisions of this
subsection, may be found guilty of a misdemeanor as provided in this chapter
provided; but each such person or entity shall be subject to the civil sanctions
provided in this division.
(c) Any permit issued to any person or entity from or after the date of any such
written order or such agenda shall be null, void and of no force or effect until the
earliest of the events described in subsections (a)(4Ha)(6) of this section occurs.
Sec. 40.03.3220 Historic landmarks; omission of necessary repairs
(a) A designated historic landmark shall be maintained to insure the structural
soundness of such landmark.
(b) If the housing standards administrator or the urban design commission, or
both, find there are reasonable grounds to believe that any structure which is a
designated historic landmark is structurally unsound or in imminent danger of
becoming structurally unsound, the housing standards administrator shall notify in
writing the owner of record of the designated historic landmark of such fact, and
shall otherwise proceed to enforce the minimum housing code of the City of
Lubbock.
Sec. 40.03.3221 Public improvements
(a) Improvements on public land, ri t-of way, or dedicated easements. When
requested or when designated by ordinance or resolution, the urban design
commission shall recommend to the City Council or other committee, board, or
commission acceptable architectural, landscape architectural and engineering
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design for public street and street easement use. Improvements to be recommended
may include street lighting, street furniture, signs, landscape materials, design
textures of sidewalks and streets and other streetscape elements and public
improvements.
(b) Brick streets and alleys.
(1) Protection. In keeping with the policies outlined in section
40.03.3213, brick streets and alleys are protected as an important part of the
city's history. Any portion of any brick street or alley surface disturbed by
any public or private agency for any reason must be replaced in a manner
consistent with original construction. Any bricks removed from any street
or alley, whether through repair, reconstruction or removal, are the property
of the City of Lubbock and must be returned to the Streets Department.
(2) Repair. Any utility cuts or other disturbances to brick street or alley
surfaces must be repaired in a manner consistent with original construction
as outlined in Sections 36.O5.002 through 36.05.004.
(3) Removal or reconstruction. Occasionally, circumstances may lead to
a request for removal or reconstruction of a section of brick street or alley.
Such circumstances might include a major reconstruction of the street due
to drainage issues or a reconfiguration of streets due to aggregation of
property for redevelopment. Requests for removal of brick streets must be
reviewed by the Urban Design and Historic Preservation Commission. In
making a determination concerning removal of brick streets, the
Commission must consider one or more of the following factors, plus any
other information presented at the time of the request:
(A) Adjacent to historic or potentially historic buildings
(B) Majority of the brick surface intact
(C) Importance to neighborhood history
(D) Importance to downtown redevelopment efforts
(E) Structural condition/indications for long-term stability
(4) Review. Review of requests for removal or reconstruction should be
conducted prior to project bid, and must be completed before removal or
reconstruction can begin, Any contractor or department wishing to remove
or alter a brick street surface must submit complete plans to the Secretary
of the Urban Design and Historic Preservation Commission, and review of
such plans will be placed on the next available agenda of the commission.
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(5) Appeal. Any applicant or interested person aggrieved by a ruling of
the urban design commission under the provisions of subsection (b) of this
section may, within thirty (30) days after the ruling, appeal in writing to the
City Council.
SECTION 2. THAT the Code of Ordinances, City of Lubbock, Texas, is hereby amended by
adding a division, to be numbered Division 19 of Article 2.03, which said division reads as
follows:
Division 19. Urban Design and Historic Preservation Commission
Sec. 2.03.660 Urban design and historic preservation commission created
(a) There is hereby created a commission to be known as the urban design and
historic preservation commission of the City of Lubbock, hereinafter called the
"urban design commission," composed of eleven (11) members appointed by the
City Council within ninety (90) days from the effective date of this amendment.
This commission shall include at least one representative for each of the following:
(1) Architecture;
(2) Urban planning;
(3) History or political science;
(4) Archeology or paleontology;
(5) Sociology or anthropology;
(6) Building construction;
(7) Landscape architecture.
Each of the seven (7) representatives shall possess special interest, knowledge or
expertise in the field which he or she represents on the commission, but does not
have to practice in that field as a profession. The fact that one or more
representatives from the seven (7) fields of expertise may not at any given point in
time be a member of the commission, for whatever reason or reasons, or is absent
when a vote is taken by a quorum of the commissioners, shall not affect the
validity of any decision or act of the commission.
(b) The other members of the urban design commission shall be appointed from
such other individuals and organizations as the City Council may in its discretion
wish to consult or consider. All members shall have knowledge and experience in
the architectural, landscape architectural, archeological, cultural, social, economic,
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ethnic or political history of Lubbock. No one business or professional interest shall
constitute a majority membership of the commission.
(c) All members of the urban design commission shall serve for three (3) years
unless appointed to serve the remainder of an unexpired term.
(d) In addition to the eleven (11) members appointed by the City Council, the
following persons or their designees shall sit on the urban design commission as ex
officio members:
(1) The director of planning for the City of Lubbock;
(2) The director of building inspection for the City of Lubbock;
(3) The director of code enforcement for the City of Lubbock.
(f) The following persons or their designees shall be asked to sit on the urban
design commission as ex officio members:
(1) The chairperson of the Lubbock County Historical Commission;
(2) The chairperson of the West Texas Museum Association;
(3) The chairperson of the Lubbock Historic Society;
(4) The chairperson of the Lubbock Historic Foundation;
(5) The president of the Lubbock Board of Realtors;
(6) The president of the Lubbock Chamber of Commerce;
(7) The chairperson of the Lubbock Association of Mortgage -Lending
Institutions;
(8) The president of the Lubbock Chapter of the A.I.A.;
(9) The judge of the County Commissioner's Court of Lubbock County;
(10) The president or chairperson of the Ranching Heritage Center.
(g) The City Council may draw on the knowledge, experience and expertise of
any person or entity by appointing such person or entity to the urban design
commission as a special advisor.
See. 2.03.661 Urban design commission; administration
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(a) The urban design commission shall meet at least once each month, if there
are agenda items, with additional meetings upon call by the chairperson or upon
petition of a simple majority of the commissioners.
(b) None of the ex officio members or special advisors shall have any voting
power, authority to call a meeting by petition pursuant to subsection (a) of this
section, or serve to make a quorum. Ex officio members and special advisors shall
serve to assist the commission in its other various functions.
(c) The commission shall adopt appropriate rules and regulations for the conduct
of its business and the election of its chairperson and other officers.
(d) Minutes shall be taken for each meeting and filed with the city secretary's
office. Each meeting shall also be tape recorded and said recording shall be
incorporated by reference into the official minutes. The absence or inaudibility of
any recording, however, shall not serve to invalidate any meeting or the minutes of
any meeting.
(e) Six (6) commissioners present shall constitute a quorum, and all issues shall
be decided by a simple majority vote of the members voting.
Sec. 2.03.662 Urban design commission plans review
The urban design commission shall thoroughly familiarize itself with buildings,
structures, sites, districts, areas and lands within the city which may be eligible for
designation as historic landmarks and historic landmark districts. Included in this
review shall be the historic site survey, architectural survey, and urban image
analysis in the comprehensive plan of the City of Lubbock. These shall be
updated as needed.
Sees.2.03.663-2.03.690 Reserved
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
Urban Design Commission Page 15 of 17
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.
/�►`! 17 f1 li �.Y►Y1I11�T11_� � � 1
Passed by the City Council on first reading on .Tune 25 , 2019.
Passed by the City Council on second reading on July_9 , 2019.
JEFF OFF YOR P O tEM
ATTEST:
'Qd4' "k
Reb cca Garza, City Secrel�y)
Urban Design Commission Page 16 of 17
APPROVED AS TO CONTENT:
Rebe ca Garza, City Secret
City Manager
APPROVED AS TO FORM:
Amy ims, Deputy City ttorney
Urban Design Commission Page 17 of 17