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Home My WebLink AboutOrdinance - 2024-O0137 - P&Z Final Report, UDC Landscaping - 10/22/2024First Reading October 8, 2024 Item No. 7.10 Second Reading October 22, 2024 Item No. 5.14 ORDINANCE NO. 2024-00137 AN ORDINANCE AMENDING THE UNIFIED DEVELOPMENT CODE (ORDINANCE NO.2023-00054), AMENDING DIVISION 3.4, RELATED TO TREES, LANDSCAPING, AND BUFFERING, INCLUDING, BUT NOT LIMITED TO, SECTION 39.03.014.b REGARDING GENERAL PROVISIONS, TABLE 39.03.014-1 REGARDING REQUIRED LANDSCAPE TYPES, SECTIONS 39.03.015 AND 39.03.015.c REGARDING DEVELOPMENT LANDSCAPING AND GROUNDCOVER REQUIREMENTS, TABLES 39.03.015-1&2 REGARDING LANDSCAPE POINT SYSTEM AND PARKING LOT PLANTING REQUIREMENTS, SECTIONS 39.03.016.d.1, 39.03.016.e.1, 39.03.016.c.3.A, 39.03.016.e.3.B.i, 39.03.016.c.4&6, ANI) TABLES 39.03.016-1 THROUGH 39.03.016-3 REGARDING BUFFERYARD LANDSCAPING, SECTION 39.03.017 TREE PRESERVATION , SECTIONS 39.03.019.a.2, 39.03.019.a.6.B, AND 39.03.019.d.6 REGARDING INSTALLATION AND MAINTENANCE, THE APPENDICES SECTION,APPENDIX A RELATED TO PLANT LISTS, DIVISION 2.2, TABLES 39.02.004.a-4, 39.02.004.b-4, 39.02.004.c-4, 39.02.004.d-4, 39.02.004.e-4, 39.02.006.a-4, 39.02.006.b-4, 39.02.006.c-4, 39.02.006.d-4, 39.02.006.c-4, 39.02.006.f-4, AND 39.02.006.g-4 RELATED TO ZONING DISTRICTS AND STANDARDS, SPECIFICALLY REQUIRED LANDSCAPING TYPES SUMMARY, AND SECTION 39.10.002, RELATED TO DEFINITIONS, PROVIDING A REPEALER CLAUSE; 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 at a joint public hearing of the Planning and "Zoning Commission and the City of Council of the City of Lubbock held on September 26, 2024 at 6:00 p.m., and after due consideration, and upon receiving the final report of the Planning and Zoning Commission regarding said changes, the City Council considered the amendments herein at its regularly scheduled City Council meeting on October 8, 2024; and WHEREAS, all conditions precedent required by law for a valid amendment to the City of Lubbock Code of Ordinances, including zoning ordinances, have been fully complied with, including giving notice through social media sites, the City of Lubbock's public access channel, access links on the City of Lubbock's website, media releases and media advisory fliers provided to the public media, hard copies of the proposed amendments available in the City of Lubbock Planning Department and notice of the joint public hearing as required by the Texas Local Government Code Sec. 211.007(d), and in accordance with the notice plan passed by the City Council of the City of Lubbock by at least a two-thirds vote on August 13, 2024 by Resolution No. 2024-R0374; and WHEREAS, notice of the joint public hearing was duly published in the Lubbock Avalanche -Journal more than fifteen (15) days prior to the date of the joint public hearing before the City Council and the Planning and Zoning Commission on such proposed amendments and in accordance with the hearing notice schedule as adopted by Resolution No. 2024-R0374, and the joint public hearing according to said notice, was held in the City Council Chamber of Citizens Tower in Lubbock, Texas, at which time persons appeared and had the opportunity to participate in the joint public hearing; and WHEREAS, the Planning and Zoning Commission has reconsidered the amendments herein, and upon receiving the final report of the Planning and Zoning Commission regarding said changes, it was by the City Council determined that it would be in the public interest that the City of Lubbock Code of Ordinances, the Unified Development Code (UDC), Ordinance No. 2023-00054, 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: SECTION 1. THAT the Unified Development Code of the City of Lubbock (Ordinance No. 2023-00054) is hereby amended with regard to Division 3.4, related to Trees, Landscaping, and Buffering, including, but not limited to, Section 39.03.014.b regarding General Provisions, Table 39.03.014-1 regarding Required Landscape Types, Sections 39.03.015 and 39.03.015.c regarding Development Landscaping and Groundcover Requirements, Tables 39.03.015-1&2 regarding Landscape Point System and Parking Lot Planting Requirements, Sections 39.03.016.d.1, 39.03.016.c.1, 39.03.016.c.3.A, 39.03.016.e.3.B.i, 39.03.016.e.4&6, and Tables 39.03.016-1 through 39.03.016-3 regarding Bufferyard Landscaping, Section 39.03.017 Tree Preservation , Sections 39.03.019.a.2, 39.03.019.a.6.B, and 39.03.019.d.6 regarding Installation and Maintenance, the Appendices section, Appendix A related to Plant Lists, Division 2.2, Tables 39.02.004.a-4, 39.02.004.b- 4, 39.02.004.c-4, 39.02.004.d-4, 39.02.004.e-4, 39.02.006.a-4, 39.02.006.b-4, 39.02.006.c-4, 39.02.006.d-4, 39.02.006.e-4, 39.02.006.E-4, and 39.02.006.g-4 related to Zoning Districts and Standards, specifically Required Landscaping Types Summary, and Section 39.10.002, related to Definitions SECTION 2. THAT the UDC amendments to the sections mentioned above and set forth in "Exhibit A", attached hereto and incorporated herein, are hereby adopted by the City Council of the City of Lubbock. SECTION 3. THAT this Ordinance shall be cumulative of all other ordinances dealing with the same subject, and any provision of any ordinance in direct conflict with any provision of this Ordinance is hereby repealed, and the provisions of this Ordinance shall supersede any provisions in conflict herewith. All provisions of any other ordinance not in conflict herewith shall remain in full force and effect. SECTION 4. THAT a violation of any provision of this Ordinance shall be deemed a misdemeanor punishable in accordance with state law and Section 1.01.004 of the Code of Ordinances of the City of Lubbock. SECTION 5. 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. Page 2 of 3 SECTION 6. 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 October 8, 2024 Passed by the City Council on second reading on October 28, 2024 W. MCBRAYEIZ, MAYOR An VI Courtney Paz, City Secre APPROVED AS TO CONTENT: Sager, DirectAr of Planning APIDROVEAS TO FORM: RelliLei�ure, Senior Assistant City Attorney Ccdocs:HOrdinance Amending UDC landscaping 9.25.24 Page 3 of 3 No Text Staff Proposed Amendments to landscaping and Buffervards 1. Section 39.03.015.e — Groundcover Requirements a. Current Language: Groundcover Requirements. Eligible groundcover area shall not include concrete, asphalt, or other impervious surfaces, with the exception of xeriscape groundcover, rocks, decorative pavers, or stamped, dyed concrete which may be used only within the first one and one-half feet of the parking island to allow persons to access their vehicle without stepping on landscaping. The height of the groundcover plant species chosen shall not interfere with the triangle established in Section 39.02.022, Measurements, along access drives or anywhere throughout the parking lot. b. Proposed Revision: Groundcover Requirements. Eligible groundcover area shall not include concrete, asphalt, or other impervious surfaces., with the exceptioR of x Xeriscape groundcover, rocks (gravel), decorative pavers, or stamped, dyed concrete which may be used, provided there are a minimum of 5 live plants planted within the groundcover area, for every 100 square feet of the groundcover area aceess their vehicle without stepping on landscaping. The height of the groundcover plant species chosen shall not interfere with the triangle established in Section 39.02.022, Measurements, along access drives or anywhere throughout the parking lot. 2. Table 39.03.016-2 — Bufferyard Classifications and Division 3.4 Trees, Landscaping, and Buffering a. Proposed Revision: Remove all references to shrubs and Natural Bufferyards. b. Add: i. When a District Bufferyard is required along the rear property line, a minimum 7 foot tall solid masonry fence meeting the regulations in Section 39.03.016.e., may be installed along the rear property line, in lieu of the landscape bufferyard. ii. When a District Bufferyard is required along the rear property line adjacent to an alley, either a minimum 7 foot tall solid masonry fence meeting the regulations in Section 39.03.016.e., or the required landscape bufferyard with a minimum 7 foot tall solid wood fence, must be installed along the rear property line. c. Change the berm width from 34'to 18' on Type A. d. Change the berm width from 34' to 26' on Type B. e. Change the number of Ornamental Trees per 100 Linear Feet from 4 to 3 on Type C. f. Change the number of Canopy Trees per 100 Linear Feet from 4 to 3 on Type D. g. Change the number of Ornamental Trees per 100 Linear Feet from 6 to 3 on Type D. h. Amend Figure 39.03.016-1 Bufferyard Examples to only show the one bufferyard example for each of the four types. i. On Type D change Structural to Without Berm: 30 j. On Height of Wall or Fence change from 6 to 7 without berm: A 5 1 /+ram 2/4— -#Aflir 77 4 Lateral with berm 18 1 B without berm: 10 2 /i;.— 4 /.&— ZC 7 / 4 Latera Berml 26 0 without berm: 15 3 /9YI— 3❑/�f"ia� 7� / 4 N@Vm al with Berm:34 — ftPaet4ml: 30 D Netwal with 3]/+ice ri— 39f9B� F /4 Berm: 34 3. Table 39.03.015-1 Landscape Points System a. Proposed Revision: Change "One canopy or two ornamental trees per 1,80to 2,000 square feet." Change "Six shrubs per 1,000 SqUaFe to 2,000 square feet. " One canopy or two ornamental trees per ■ All areas not designated in Figure 39.03.015-1, Foundation Planting Example, as foundation plantings, bufferyards, parking 1,000 square feet of site landscaping lot landscaping, or utilized for pedestrian and vehicular access to +15 for entire site area the building (for example, sidewalks, parking spaces, loading spaces, service areas, and drive-in or drive -through facilities) shall be land - Six shrubs per 1,000 square feet of site scaped with groundcover or consist of xeriscape groundcover, rocks, decorative pavers or stamped, dyed concrete, and designated as site +10 for entire site landscaping area landscaping area. 4. Section 39.10.002 Definitions a. Current Language: Groundcover means plants of species that will not generally reach a height of more than two feet, installed in such a manner as to form a continuous cover over the ground. Groundcover includes sod, ornamental grasses, mulch, or perennial or seasonal plantings and are listed as a Groundcover in Appendix A, Plant List. b. Proposed Revision: Groundcover means plants of species that will not generally reach a height of more than two feet, installed in such a manner as to form a continuous cover over the ground. Groundcover includes sod, ornamental grasses, mulch, or perennial or seasonal plantings -;;Ad are listed as a . Xeriscape groundcover, where a minimum of 5 live plants are planted within the groundcover area, for every 100 square feet of the groundcover area, is included in this definition. 5. Table 39.03.015-1 Landscape Points System a. Proposed Revision: Replace this element with the proposal below: 50 percent of all plant material is water +5 efficient as listed in Appendix A Plant List _ Landscaping Element Location and Design Points Earned(+) or Deducted (-) SO percent of all plant +S material in the non -turfed landscape areas is Zoned USDA 7, perennial, native, and water wise as defined by a creditable source (IE: Texas Tech University Dept. of Plant & Soil Sciences) 100 percent of all plant +10 material in the non -turfed landscape areas is Zoned USDA 7, perennial, native, and water wise as defined by a creditable source (IE: Texas Tech University Dept. of Plant & Soil Sciences) 6. Section 39.03.019.a.6.B - Installation & Maintenance a. Current Language: Two one -gallon shrubs are the equivalent of one three -gallon shrub. The minimum number of shrubs required per this Division is based on three -gallon shrubs. If one -gallon shrubs are used, the required number of shrubs shall increase to comply with the 2:1 ratio. Canopy Tree 3" caliper Ornamental Tree 2.5" caliper Evergreen Tree 6' in height Shrub 3 gal. container b. Proposed Revision: Two one gallon shrubs are the equivaleAt ef A -me three gallen The FAimi used, the Fecluired numbeF of shrubs shall iReFease te Gemply with the 24 . c. Change the minimum size for shrub from 3 gal. to 1 gal. Canopy Tree 3" caliper Ornamental Tree 2.5" caliper Evergreen Tree 6' in height Shrub 3 gal. container 7. Section 39.10.002 - Definitions a. Current Language: Canopy Tree means a tree exceeding 30 feet in height at maturity, planted for its high crown of foliage or overhead canopy and listed as a Canopy Tree in Appendix A, Plant List. b. Proposed Revision: Canopy Tree means a tree whose canopy is a minimum of 20 feet in width exr=eediRg 90 feet in heig t at maturity, planted for its high crown of foliage or overhead canopy a+�4 listed aS a C-anepy Tree in Appendix A DlGnt 7 ict c. Current Language: Ornamental Tree means a tree 30 feet or less in height at maturity, planted primarily for its ornamental value such as flowers, leaf color, size, or shape and listed as an Ornamental Tree in Appendix A, Plant List. d. Proposed Revision: Ornamental Tree means a tree whose canopy is a minimum of 10 feet in width 38 foot r,r leJS in height at maturity, planted primarily for its ornamental value such as flowers, leaf color, size, or shape and- listed as an Ornamental Tree in Appendix A Dinnt I ict 8. Appendix A Plant List and Chapter 39 — Unified Development Code a. Proposed Revision: Remove Appendix A in its entirety and all references to it within the UDC. 9. Section 39.03.019.a.2 — Installation and Maintenance a. Current Language: Standards. Within each category of required landscaping (canopy trees, ornamental trees, evergreen trees, and shrubs): A. Not more than 60 percent shall be of any one genus; and B. Not more than 40 percent shall be of any one species. 4, Proposed Revision: , 10. Section 39.03.016.e.1— Bufferyard Standards a. Proposed Revision: Generally. A. Voluntary Increase in Bufferyard. Where a lower classification bufferyard is required, the applicant may voluntarily provide a higher classification bufferyard, in part or in whole. B. Groundcover Requirements. In addition to the required plantings, walls, fences, and berms, the remaining portions of all bufferyards shall contain groundcover_ C. Landscape Points for Bufferyard. Where a bufferyard is needed, correct location and composition of bufferyard shall result in +10 points towards the total number of landscape points required on a project. 11. Section 39.03.014.b General Provisions and Table 39.03.014-1 Required Landscaping Types Summary a. Current Language: Required Landscaping Types. Table 39.03.014-1, Required Landscaping Types Summary, sets out the landscaping types eligible for points in each zoning district. Figure 39.03.014- 1, Illustrative Landscape Types, depicts these types. b. Proposed Revision: RequiFed-Eligible Landscaping Types. Table 29.03 0- 4 1 oequir-edl , ,,,,orsc-Gpiny Figure 39.03.014-1, Illustrative Landscape Types, depicts these the landscaping types eligible for points. c. Proposed Revision: Delete Table 39.03.014-1 in its entirety and all references to it. 12. Table 39.03.015-1 Landscape Points System a. Proposed Revision: Remove the following items 100 M "percent of water in irrigation system comes from treated production water trim 100 percent of water in irrigation system comes from an approved well on -site r 13. Table 39.03.015-1 Landscape Points System - +15 a. Proposed Revision: Remove this item in its entirety +10 More than 35 percent of the required landscaping area is proposed to be turf - 10 grass 14. Section 39.03.016.e.3.B — Parking Bufferyard Standards a. Current Language: Composition. A parking area buffer shall be composed of one of the following screening devices that are two feet tall: b. Proposed Revision: Composition. A parking area buffer shall be composed of GRe any combination of the following screening devices that are two feet tall: 15. Section 39.03.019.e.6 - Installation and Maintenance a. Current Language: Maintenance Easement. In a multi -tenant development, a maintenance easement a minimum of five feet in width shall be dedicated to the homeowners' or property owners' association, PID, orTIF along applicable property lines within the development. b. Proposed Revision: 16. Table 39.03.014-1— Required Landscaping Types Summary a. Current Language: Bufferyards are required for new residential development that is developed using the Cluster subdivision option. b. Proposed Revision: Remove this requirement. ♦ = Required landscaping type I — = Landscape type not required Refer to Sections 39.03.015, Development Landscaping, and 39.03.016, Bufferyard Landscaping RE district for all uses Exempt (remove this bufferjard All single-family detached, requirement) townhouse, and duplex dwellings in Exempt any district where they are permitted 17. Table 39.03.015-1— Landscape Points System a. Proposed Revision: Replace all Parking Lot Landscape Elements with one element: Endcap island with groundcover and one canopy tree or one evergreen or two ornamental trees Corner island with groundcover and one canopy tree or one evergreen or two ornamental trees Interior island with groundcover an d one canopy tree, one evergreen tree, or two ornamental trees or 15 shrubs Median with groundcover a nd ornamental grasses, shrubs, or planters At minimum, at the end of alternating parking rows. Each endcap island shall be a minimum of 9' wide and the length of the parking row with 10-foot curb radii on the side closest to the drive aisle. For example, if there is a single row of 90-de ree parking spaces, the length is 18 feet• if There is no need for all of these different categories of parking lot landscaping. Distill all of this down to one item: Landscape areas located within a parking lot as illustrated in Fig. 39.03.014-1.. 10 points for each canopy tree he 5 points for each canopy or evergreen 5 points for each 200 SF of ground cover ch row with 5-foot curb radii on the side closest to the drive aisle. For example, if there 1 a single row of 90- degree parking spaces, the length is 18 feet; if there is a double row of 90-degree parking spaces, the length is 36 feet. At minimum, along the entire centerline of alternating double parking rows. Each median shall be a minimum of 5' wide. 18. Table 39.03.015-1— Landscape Points System - Other a. Proposed Revision: Remove this item: Slope within 10 feet of street or parking area exceeds 20 percent A berm (usually placed close to a parking lot) is one of the approved buffer types and its side slope is 25%. If that's allowed there, why is it penalized here? Remove this item. 19. Section 39.03.016.e.4 — Street Bufferyard +10 for each double parking row with an endcap island and +5 for each single parking row with an endcap island +5 for each corner island +10 for first one and +5 for each additional one +10 for each median in a double parking row -10 a. Current Language: Street Bufferyard. A street bufferyard shall be required for any new residential development that is developed using the Cluster subdivision option or any applicable development in the OF or AC zoning districts based on the classification of the adjacent street in the current City of Lubbock Master Thoroughfare Plan and according to Table 39.03.016-3, Street Bufferyard Requirements. The street bufferyard shall be located along the entire length of the street (except for alleys) and shall be owned and maintained by the property owner, homeowners' association, property owners' association, Public Improvement District (PID), or Tax Increment Finance District (TIF). These buffers shall meet the requirements of the district bufferyard standards in composition. 20. Table 39.03.016-3 — Street Bufferyard Requirements a. Proposed Revision: — = No street bufferyard required Remove this entire table. See street buffer comment on prior page. Cluster Residential Develo OF or AC District A 21. Section 39.03.016.e.3.A — Parking Bufferyard Standards c. Current Language: Applicability. All parking areas with more than 10 parking spaces shall have a bufferyard between the street and the edge of the parking areas as follows: d. Proposed Revision: Applicability. All parking areas with more than 4r8 30 parking spaces between the building and the street shall have a bufferyard between the street and the edge of the parking areas as follows: 22. Section 39.03.016.e.3.B.i — Parking Bufferyard Standards - Composition a. Current Language: i. Continuous hedge; ii. Continuous row of ornamental grasses; b. Proposed Revision: i- Continuous �,� plant spacing at time of planting to provide continuous screening at time of plant maturity; 23. Section 39.03.019.d.6 - Installation and Maintenance a. Current Language: Mulch and Inorganic Ground Cover. Wood -based mulch and inorganic ground cover, including rock and wood chips, may be used around all plantings and in all plant beds. Large areas of wood mulch or inorganic ground cover that do not contain plantings are not permitted except when used around a site amenity. Synthetic turf is prohibited except in limited applications deemed acceptable by the Director of Planning. b. Proposed Revision: Mulch and Inorganic Ground Cover. Wood -based mulch and inorganic ground cover, including rock and wood chips, may be used around all plantings and in all plant beds. ' aFge areas Of ^,- , ^d, a site , Rity Synthetic turf is allowed prohibited except iR limited ^ plieatien; deenqed 24. Section 39.03.015 — Development Landscaping a. Current Language: None. b. Proposed Revision: f. Contextual Landscape Requirement. Where an infill project is constructed on property zoned Industrial Park (IP), Light Industrial (LI), or General Industrial (GI) and the property is not adjacent to or across from any residentially zoned property, the infill site may match the landscape area coverage percentage and planting materials density on the average of those developed neighboring properties. 25. Section 39.03.015 — Development Landscaping a. Current Language: None. b. Proposed Revision: f. Landscape Architect. When the landscape plan is stamped and sealed by a licensed landscape architect, it shall result in +5 points towards the total number of landscape points required on a project. 26. Figure 39.03.015-2 — Illustrative Parking Lot Planting Requirements a. Proposed Revision: 27. Section 39.03.016.d.1 - Composition of Bufferyards a. Proposed Revision: Delete the language below in its entirety d. Composition of Bufferyards. 1. Structural and Natural. Bufferyards, as established in Table 39.03.016-2, Bufferyard Classifications, may be classified as: A. Structural Bufferyards. Structural bufferyards include the use of plant materials and a wall or fence to achieve the required level of buffering and screening; and B. Natural Bufferyards. Natural bufferyards include the use of a higher density of plant materials to achieve the required level of buffering and screening. Any natural bufferyard may include an earthen berm; however, the Type D natural bufferyard requires a berm. 28. Table 39.03.016-1— District Bufferyard Standards a. Proposed Revisions: i. Move the IP district to the LI category ii. Move the MU-1 district to the MU-2 through MU-5 district iii. Remove the requirement for a Type B bufferyard when developing GI property adjacent to LI/IP iv. Remove the requirement for a Type A bufferyard when developing SF-1/SF-2 property adjacent to RE v. Remove the requirement for a Type A bufferyard when developing AC/HC adjacent to NC/OF RE SF-1, SF-2, NW-4 MDR, HDR B A — — -- — — - .... . ..... MU-1 through MU-6 B B — — — — — — NC, OF . _................ B B B B - - — — AC HC M"' U. IP C C C B --A— C C C B B B - GI D D D C C C —.a—