HomeMy WebLinkAboutOrdinance - 2019-O0154 - Amending Chapter 40 - Zoning - Adopting A New Planned Development District - 10/22/2019 First Reading Second Reading
October 8,2019 October 22, 2019
Item No. 7.9 Item No. 7.12
ORDINANCE NO. 2019-00154
AN ORDINANCE AMENDING CHAPTER 40 "ZONING", ARTICLE 40.03
"DISTRICTS"OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK,TEXAS
BY REPEALING SECTION 40.03.3103 "PLANNED UNIT DEVELOPMENTS" IN ITS
ENTIRETY, AND CREATING DIVISION 29, PLANNED DEVELOPMENT DISTRICT
("PD") ZONING DISTRICT; PROVIDING A PENALTY CLAUSE; PROVIDING A
SAVINGS CLAUSE; PROVIDING A CONSISTENCY IN APPLICATIONS CLAUSE;
PROVIDING FOR PUBLICATION,AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Lubbock continues to experience tremendous growth and development
throughout all regions of the city; and
WHEREAS, in order to make the best use of all developable land throughout the city, city staff is
recommending a new planning tool to allow for a development approach not currently available
under the City of Lubbock Code of Ordinances, that tool being planned development districts;and
WHEREAS, the Planning & Zoning Commission of the City of Lubbock, Texas (the
"Commission"), during its meeting on September 26, 2019 heard the proposed changes in zoning
as hereinafter made and were duly presented to the Planning and Zoning Commission for its
recommendation,with the Commission recommending approval of the proposed changes in zones;
and
WHEREAS,the Commission recommends approval of the proposed change to Chapter 40 of the
City of Lubbock Code of Ordinances to repeal planned unit developments and create a planned
development district; 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; NOW THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT Section 40.03.3103(a) "Planned Unit Developments" of the Code of
Ordinances,City of Lubbock,Texas is hereby repealed in its entirety,and the remainder of Section
40.03.3103 renumbered accordingly:
SECTION 2. THAT the Code of Ordinances, City of Lubbock, Texas, is hereby amended by
adding a division,to be numbered 29, and section, to be numbered 40.03.3225, which said section
reads as follows:
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Division 29. "PD" Planned Development District
Section 40.03.3225 Purpose and intent
The intent of the Planned Development District(PD)regulations are to provide a zoning regulatory
process that encourages planning and design, resulting in plans for particular sites that fulfill the
goals and objectives of the Comprehensive Plan while allowing for development that could not
normally be achieved under conventional zoning regulations. It is the further intent of these
regulations to permit development in accordance with such plans for particular sites,provided that
the plans are prepared and adopted in accordance with the regulations in this Article.
(a) Regulatory flexibility
These PD regulations are further intended to permit regulatory flexibility to achieve development
that is in accord with the City's Comprehensive Plan; to achieve economy and efficiency in the
use of land,natural resources,energy,and in the provision of public services and utilities;to protect
and preserve natural resources and natural features;to encourage the creation of useful open space
particularly suited to the proposed development and the parcel on which it is located; and to
provide appropriate development to satisfy the needs of residents of the City of Lubbock.
(b) Land use compatibility
It is further intended that development permitted pursuant to this Article be laid out so that
proposed uses,buildings,and site improvements relate to each other and to adjoining existing uses
and to the public realm in such a way that they will be compatible,with no material adverse impact
of one use on another.
(c) Redevelopment
It is further intended that these regulations bring about re-use and/or redevelopment of sites where
an orderly change of use is determined to be desirable,especially where re-use is restricted because
of existing nonconformities, physical development, or the constraints of conventional zoning
standards.
(d) Purpose not intended
The PD District shall not be used for the sole purpose of circumventing the zoning regulations,
securing an agreement between an applicant and nearby property owners to receive zoning
approval, nor to assign responsibility to the City for private deed covenants or restrictions.
Section 40.03.3226 Definitions
(a) Planned Development (PD Development): A specific parcel of land or several contiguous
parcels of land,which is/are proposed to be developed in accordance with a Concept Plan approved
by the City Council (after receiving a recommendation from the Planning and Zoning
Commission), where the plan meets the requirements of this Article, addresses needs in the City
that could not otherwise be addressed in other conventional zoning districts, and achieves
compatibility with surrounding uses.
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(b) Concept Plan: A Concept Plan consists of the following:
1. A general statement setting forth how the proposed district will relate to the city's
comprehensive plan and the degree to which it is or is not consistent with said plan and the
proposed base zoning district.
2. An adequate legal description of the tract(s), showing total acreage, proposed general
land uses and acreage for each use, including open space, existing and proposed streets
(public and private), general topographic conditions, significant environmental features,
including flood plains and water courses.
3. Fully dimensioned site plan drawn to scale, showing all proposed and existing buildings
and structures, including:
a. Proposed paths and sidewalks;
b. Proposed height, setbacks, square footages and uses of buildings;
c. A summary of proposed parking;
d. A summary of proposed unit counts;
e. A summary of proposed densities (units/acre);
f. Proposed landscaped areas, and
g.Any other information necessary to determine eligibility and ascertain mandatory
requirements in accordance with Section 40.03.3227.
4. A proposed phasing schedule, if known.
5. Any proposed deviations from prescribed standards applicable to the base zoning
district, along with justification for each.
6. Elevation drawings and renderings.
7. Any proposed deed covenants, conditions, restrictions or agreements that purport to
govern the use, maintenance and operation of any commonly-owned areas, structures or
facilities.
8. Documentation of impacts the proposed development will have on public facilities and
services and ways in which these impacts will be mitigated in conjunction with the
proposed development. Examples of impacts include, but are not limited to, the level of
service at street intersections, residential equivalency units for sewer service, water
capacity and school district enrollment.
(c) Detail Plan: A Detail Plan consists of the following:
1. All information within the approved Concept Plan (See Section 40.03.3226 (b))
developed with civil engineering and architectural drawings into a document containing
the level of detail normally required for formal site plan approval.
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2. Plans and information regarding roads, utilities, sidewalks, and other infrastructure,
parks and open spaces,enhancements to public services,and other features of the proposed
PD Development.
3. A copy of the PD Development approval ordinance that rezoned the property,along with
any conditions placed thereon.
(d) Base Zoning District: The zoning district classification that most closely aligns with the
proposed uses within the PD Development in accordance with the adopted Comprehensive Plan
and Chapter 40 of the Lubbock Code of Ordinances. A base zoning district shall be identified for
each PD development and articulated within the PD development ordinance and on the Concept
and Detailed Plans for purposes of controlling development regulations and uses not otherwise
modified by the PD development ordinance.
Section 40.03.3227 Qualification requirements
(a) Mandatory Requirements
Consideration of a proposed development pursuant to the PD regulations in this Article may occur
only on sites where the following conditions are met:
1. The proposed development site shall be at least two(2)acres in total area where located
within the area enclosed by Loop 289, and at least seven (7) acres elsewhere. However, in
the interest of making use of the PD as a tool to implement the Comprehensive Plan, the
City Council, upon recommendation from the Planning and Zoning Commission, may
permit a 50%reduction in these minimum area requirements if:
(A)The project has unique characteristics and benefits,and/or
(B) the parcel in question has unique characteristics that significantly impact
development, such as, for example, unusual shape or proportions, unusual
topography, or potentially incompatible land uses on surrounding property; and
(b) Concept Plan Eligibility Criteria
In order to be eligible for PD approval, it shall be demonstrated with the Concept Plan that all of
the following criteria will be met:
1. The use of PD development regulations shall not be used for the sole purpose of avoiding
the quantitative or dimensional requirements for uses that would already be permitted in
the base zoning district;
2. PD Concept Plan approval shall be granted only when the proposed land use will not
materially add public service or facility loads beyond those contemplated in the
Comprehensive Plan or other adopted policies or plans of the City, unless the applicant can
demonstrate to the satisfaction of the City Council that such added loads will be
accommodated or mitigated upon implementation of the PD development plan;
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3. A proposed PD development shall be consistent with the goals and objectives and shall
not have an adverse impact upon the Comprehensive Plan. Notwithstanding this
requirement, the City Council may approve a PD development proposal that includes uses
which are not called for in the Comprehensive Plan, provided that the City Council
determines that such a use deviation is justified based on a demonstrated need and the
current planning and development objectives of the City;
4. Land use patterns established by the PD development shall be compatible with existing
and planned uses on and adjacent to the site;
5. The PD development shall improve the appearance of the City through quality building
design and site development, the provision of trees and landscaping consistent with or
beyond minimum requirements of the base zoning district, the preservation of unique
and/or historic sites or structures, and/or the provision of open space or other desirable
features of a site beyond minimum requirements; and
6. The PD development shall not be allowed solely as a means of increasing the density or
intensity of development. The PD development shall result in a development that could not
be achieved under conventional zoning.
Section 40.03.3228 Permitted uses
A PD development may contain any uses or combination of uses that are listed as Permitted Uses
or Conditional or Specific Uses in compatible zoning districts in the City provided that the
proposed uses are shown on the approved Concept Plan, and provided further that the proposed
uses satisfy the following criteria:
(a) Compatibility of Uses
Uses within the PD shall be compatible with one another and with adjacent uses,as determined by
generally accepted planning principles. Problems with compatibility of uses shall be mitigated
through appropriate site design and usage of development standards beyond minimums, such as
extended buffer yards, berms, landscaping, screening fences, building design (form, massing,
architectural design and materials), or other suitable methods.
(b) Harmonious Relationship
"There shall be a reasonably harmonious relationship between the location of buildings and uses on
the site relative to buildings and uses on lands in the surrounding area.
(c) Combination of Residential and Non-Residential Uses
Residential and non-residential uses may be permitted together on the same site in a PD
development, provided that the residential and non-residential uses are carefully integrated in a
manner that is consistent with established site design and planning principles so as to create a
sustainable overall development.
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Section 40.03.3229 Development standards
The design standards in this Section shall be used as a guide for design of PD developments.
However, modifications to these standards may be approved by the City Council in conjunction
with approval of the Concept Plan, upon receiving an advisory recommendation from the Planning
and Zoning Commission,and upon making the determination that other standards would be more
appropriate because of the particular design and orientation of buildings and uses, provided that
any such modified standards shall be consistent with the intent of the PD stated in Section
40.03.3225. Design and zoning standards modifications approved in conjunction with the approval
of a PD Concept Plan shall not require approval of the Zoning Board of Adjustments.
(a) Purpose
The purpose of this section is to ensure that the physical and operational characteristics of proposed
buildings and uses are compatible when considered in the context of the surrounding area.
(b) Setbacks
PD developments shall comply with the following minimum setback requirements, which shall be
determined by the same method as determination of setbacks in other zoning districts, unless
otherwise indicated:
Table 24.1: PD DEVELOPMENT MINIMUM BUILDING SETBACKS
Location Minimum Setback ta>
Along perimeter of PD project,adjacent to public road 30 ft.
Along perimeter of PD prqject, not adjacent to public road 20 fl.
Along internal road or driveway b
Setback between buildings within PD prqiect I (b)
(a). A smaller setback with a build-to line may be approved upon review of the Concept Plan in the interest of
establishing a consistent relationship of the buildings to the street and sidewalk, so as to form a visually continuous
pedestrian-oriented street front.
(b). Minimum setbacks within the development shall be based on established planning and design principles, taking
into account the degree of compatibility between adjoining uses, compatibility between uses and roads and drives,
sensitivity to the characteristics of the site,the need for free access for emergency vehicles,compliance with building
and fire codes,the need for adequate amounts of light and air between buildings,and the need for proper amounts of
open space.
(c) Maximum Height
Buildings and structures that are taller than the maximum height allowed in the base zoning district
may be approved, upon snaking the following determinations:
1. Light and Shadow. Buildings or structures greater than forty (40) feet in height shall be
designed so as to not have an unreasonable adverse impact on adjacent property as a result
of the shadows that are cast or glare created from reflected or artificial light.
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2. Privacy. Buildings or structures greater than forty (40) feet in height shall be designed
to avoid infringing on the privacy of adjacent public and private property, particularly
adjacent residential areas.
3. Scale of Development. Buildings or structures greater than forty (40) feet in height shall
be compatible with the scale of the neighborhood or area in which they are situated in terms
of relative height, height to mass, and building or structure scale to human scale.
(d) Parking and Loading
Parking and loading facilities in PD developments shall comply with the standards set forth within
the base zoning district. However, the minimum number of parking spaces required may be
modified, based on evidence that other standards would be more reasonable because of the level
of current or future employment, the level of current or future customer traffic, shared parking by
uses that have peak parking demands that do not overlap, and other considerations. A decision to
reduce the number of parking spaces shall be based on technical information provided by a
qualified planning, parking or traffic consultant that verifies that the reduction will not impair the
functioning of the developments served, or have an adverse impact on traffic flow on or adjacent
to the development.
(e) Landscaping
A complete landscaping plan which satisfies the requirements within the base zoning district shall
be required as part of the Detail Plan submittal. However, the landscaping requirements may be
modified with respect to design, but not in regard to the total landscaping percentage,provision of
live plant material,or the need for irrigation. Deviations to requirements must be based on evidence
that other standards would be more reasonable or desirable due to the inherent design of the PD
Development, the benefit that would accrue to the end user, as well as other considerations.
(f) Open Space in PD Developments with a Residential Component
PD developments containing a residential component shall provide usable open space that is
accessible to all residents of the development. Such open usable space shall not consist of required
yard areas or storm water retention or detention ponds (except as identified below) and shall be
identified on the Concept and Detail Plans. The amount, location, shape, and other characteristics
of open space within a development shall be based on established planning and design principles,
taking into account the following considerations:
1. The types and arrangement of uses on the site;
2. The proposed uses of the open space and types of improvements proposed within the
open space;
3. The extent to which the leisure and recreation needs of all segments of the population
residing in the development would be accommodated; and
4. The manner in which the open space is integrated into the overall design of the
development.
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5. Up to 50% of the surface area of stormwater management ponds, as determined by the
City Engineer, may qualify as open space if the following conditions are met:
A. All stormwater management ponds shall be integrated into the overall
development and shall serve as a visual and physical amenity to the site. A visual
and physical amenity is easily accessible to pedestrians and/or non-motorized
vehicles and is visually attractive.
B. The maximum slope of stormwater management ponds in a PD shall be 1:7.
C. Fences around stormwater management ponds are not permitted.
D. All stormwater management ponds shall have a natural appearance, and shall be
round, oval, or kidney in shape with irregular edges.
E. Recreation facilities such as walking paths shall be provided near and/or around
stormwater management ponds to allow users of the site to use and enjoy the ponds
as an amenity.
(g) Circulation System
The vehicular and pedestrian circulation system within each development shall safely and
conveniently accommodate the movement of vehicles, bicycles, and pedestrians throughout the
proposed development and to and from surrounding areas.
(h) Signage
Signage for each site and building within the PD Development shall comply with Article 40.04 of
this Code. However, deviations from the provisions of Article 40.04, other than prohibited signs
and off-premises signs (billboards), may be considered where a master sign plan is submitted and
found to be within the spirit and intent of said Article, and minor deviations are shown to be
necessary to accommodate wayfinding and/or the uniqueness of building design and layout within
the development. The master sign plan shall be prepared by a licensed architect, landscape
architect,or sign consultant and shall contain a site plan with all proposed signs keyed to elevations
of the individual signs that are fully dimensioned, and further keyed to a sign list in tabular format
with individual and cumulative sign areas, in square feet, included thereon.
(i) Additional Considerations
In their review of a proposed PD development, the Planning and Zoning Commission and City
Council may review other considerations that are found to be relevant to a particular project,
including, but not necessarily limited to, road capacity, capacity and design of utility systems,
achievement of an integrated development with respect to signage, lighting, landscaping, and
building materials, and the extent to which noise reduction and visual screening are used,
particularly in cases where non-residential uses adjoin residential uses. When reviewing any such
additional considerations,the Staff, Planning and Zoning Commission and City Council may refer
to applicable standards in Article 40.01 — General Provisions, the Parking and Loading,
Landscaping and Screening, and Fences and Screening sections of the respective zoning district
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Articles 40.03.101-40.03.2976,and Article 40.04—Signs. While it is the intent of this section that
the City Council be empowered with the ability to exercise flexibility in the application of
regulations where deemed appropriate, it is not the intent of this section to authorize a waiver or
lessening of design or construction standards otherwise prescribed for any public infrastructure
proposed or required within a PD project.
Section 40.03.3230—Review and approval procedures
(a) Review process
1. Concept Plan Contents
A Concept Plan may be submitted by any person or entity owning or controlling land that
is eligible for consideration as a PD development in accordance with this section
40.03.3230 (A). A request for Concept Plan approval for a PD Development is a request
for rezoning and shall be required to adhere to the procedures set forth in Article 40.01.005
except as modified herein. The Concept Plan submittal shall include an application for a
zone change, as well as the following:
(A) A written statement explaining the proposed uses, building and site
improvements, phasing plans, and resulting open spaces, landscaped areas, floor
area and parking. The written statement shall include a statement of reasons that a
PD is preferred over conventional zoning, and identification of the benefits to the
City of Lubbock and its residents resulting from the PD development project.
(B) Concept Plan drawings, as defined and described in Section 40.03.3226 (b),
containing enough detail to explain the proposed uses, relationship to adjoining
parcels, vehicular and pedestrian circulation patterns, open spaces and landscape
areas, and building density or intensity.
(C) A plan of streets through and along the perimeter of the site, which shall be in
accordance with the City's approved Thoroughfare Plan.
(D) Additional maps and documents as necessary to adequately describe the
project.
(C) A listing of proposed variations, deviations and/or exceptions to the use and
design standards applicable to the base zoning district, as well as any other
applicable requirement, and an explanation as to how each such proposal will
benefit the project pursuant to the purpose and intent of the PD regulations as set
forth in Section 40.03.3225.
(b) Concept Plan Review by the Planning and Zoning Commission
If the application is found to be complete by the Director of Planning, the application shall be
transmitted to the Planning and Zoning Commission for review and recommendation to the City
Council. Before making a recommendation, the Planning and Zoning Commission shall hold a
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public hearing. After the public hearing, the Planning and Zoning Commission shall review the
proposal. In conducting its review, the Planning and Zoning Commission may seek information,
analysis and advice from the City staff, as necessary. The Planning Commission shall then report
its findings and make its recommendations to the City Council.
(c) Concept Plan Review by the City Council
Upon receipt of the report and recommendation from the Planning and Zoning Commission, the
City Council shall hold a public hearing. After the public hearing, the City Council shall review
all findings and take action to approve, approve with conditions, or deny the Concept Plan, and
shall set forth the reasons for their action in writing. A determination that a proposal qualifies for
PD development Concept Plan approval shall be accompanied by a description of the minimum
conditions under which the proposal will be considered for final Detail Plan approval. In describing
such conditions, the City Council may identify specific requirements or standards in the Zoning
Ordinance that could be waived or modified upon approval of the final PD development Detail
Plan, and under what conditions. A determination of Qualification and Concept Plan Approval
does not assure approval of a particular PD Detail Plan, but is intended to provide direction for
preparation of the Detail Plan upon which a final determination would be based. If the City Council
denies the Concept Plan, the applicant may pursue development or use of the site under
conventional zoning standards, or may submit a new design based upon a revised Concept Plan.
(d) PD Development Ordinance
The City Attorney shall prepare a PD Development Ordinance rezoning the property,and set forth
the conditions upon which the Concept Plan approval is based. The ordinance shall be voted upon
after the first public hearing and, if passed, shall require a second reading at a subsequent meeting
of the City Council prior to publication and enactment. Upon receiving an advisory
recommendation from the Planning and Zoning Commission and making a determination that
alternate standards would be more appropriate based on the findings enumerated in Section
40.03.3229 of this Article,the City Council may modify the following standards from those found
within the base zoning district,which shall be specifically enumerated by the City Attorney within
the PD development ordinance, and shall include and incorporate the approved Concept Plan:
1. Use Standards: The uses of the property within the boundaries of the PD development;
2. Dimensional Standards: Maximum building height, lot dimensions, lot areas, lot
coverage, building setbacks, building floor area, and off-street parking and loading
requirements;
3. Design Standards: Landscaping, signage, lighting, access (vehicular and pedestrian),
sidewalks and paths, and building facade and materials; and
4. Other standards as deemed necessary to reasonably facilitate the project while
achieving the principal goal of protecting public health, safety and welfare.
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(e)Approval
Approval of a Concept Plan and adoption of its PD Development ordinance by the City Council
pursuant to the PD regulations shall confer upon the property owner or owners the right to submit
a PD Detail Plan in accordance with Section 40.03.3230(B). The right to submit a PD Detail Plan
will be valid for a period of thirty (30)months from the date of Concept Plan approval by the City
Council. Once an area has been included in a Concept Plan that has been approved by the City
Council, no development may take place in such area nor may any use thereof be made except in
accordance with the City Council-approved Concept Plan or a Plan Amended in accordance with
paragraph (D)of this Article.
(f) Request for Final Approval
Following approval of a Concept Plan by the City Council, final approval may be sought by
submittal of the following materials:
1. PD Detail Plan
An application and Detail Plan (as defined in Section 40.03.3226(c)) shall be submitted to
the Director of Planning to initiate review and action by the City staff.The Detail Plan shall
contain all of the information required for site plans, and any other documentation
necessary to demonstrate that the Detail Plan complies with all the conditions upon which
approval of the Concept Plan was based.
2. Administrative Review
(A)The Director of Planning shall coordinate an interdepartmental review
of the proposed Detail Plan and determine whether the proposal satisfies
the qualification criteria, the site plan submittal requirements and the
minimum conditions of approval of the Concept Plan, as well as the
following:
(1) The Detail Plan is in substantial compliance with the approved
Concept Plan.
(2) All applicable provisions of this Article and Ordinance will be
met. Insofar as any provisions of this Article are in conflict with
the provisions of any other section of this Ordinance, the
provisions of this Article shall apply to the lands within the
boundaries of the proposed PD development project.
(3)There is, or will be at the time of development, sewer, water,
and an adequate means of managing storm water flow, and
achieving a safe and adequate road system.
(4) Upon making these determinations, the Director of Planning
shall approve the Detail Plan.
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(5) Where the Director of Planning determines that the Detail Plan
is not in substantial compliance with the(1)-(3) above,the Director
shall disapprove the Detail Plan, setting forth the reasons therefore
in writing.
(B) Administrative approval of a PD Detail Plan shall be final, unless the
Detail Plan proposes significant alterations to the intent and conditions of
the Concept Plan approval, in which case reconsideration of the Concept
Plan by the Planning and Zoning Commission and City Council shall be
required, pursuant to Section 40.01.005. If such reconsideration is
required, then the Director of Planning shall delay taking action on the
Detail Plan until the Planning and Zoning Commission reconsiders and
acts on the revised Concept Plan. Where such action is necessary, any fees
necessary for processing the request shall again be due and payable in the
same manner and in the same amount as the original request.
Notwithstanding the forgoing,the Director of Planning is authorized to
require that any proposed Detail Plan be submitted to the City Council for
a determination as to whether such plan conforms to the intent of the
original Concept Plan approval.
(g) Construction Approval and phasing
Upon approval of the Detail Plan, the Director of Planning is authorized to issue a notice of
approval to the owner or developer that the applicant may proceed to the next phase of regulatory
review, including site plan review and building permit submittal, subject to any and all other
development, construction and permitting requirements of this code, including, but not limited to,
subdivision platting and storm water permit approval. A PD development project may be proposed
for construction in phases, in which case the project shall be designed so that each phase, when
completed, is capable of standing on its own in terms of public or common services, facilities,and
utilities and open space. Each phase shall contain the necessary components to insure protection
of natural resources and the health, safety and welfare of the users of the project and the residents
of the surrounding area. Where approved for construction in phases,the approval for each detailed
plan for a phase shall be deemed to have expired thirty (30) months from the date of its original
approval.
(h) Amendments
1. If the Director of Planning determines that a proposed amendment to a plan approved
pursuant to these PD regulations alters the intent and conditions of the PD development
approval, a revised Concept and Detail Plans shall be submitted for review following the
procedures set forth herein.
2. If the proposed amendment is not found to alter the intent and conditions of the PD
approval,the amendment shall be reviewed as an amendment to the site plan, following all
normal procedures for site plan and/or building permit review.
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(i) Minor modifications
1. The Director of Planning is authorized to approve minor modifications to a plan
approved pursuant to these PD regulations that do not alter the intent and conditions of the
PD approval, and:
(A) Do not alter the uses allowed;
(B) Do not increase the maximum density, floor area, height, or lot coverage by a
factor of more than 10%;
(C) Do not significantly alter the facade design and materials;
(D)Do not increase or decrease the amount of off-street parking by a factor of more
than 10%;
(E) Do not increase or decrease the minimum yards or setbacks;
(F) Do not modify the overall acreage, but rather modify the acreage identified for
each use by a factor of no more than 10%.
(j) Appeals
The Planning and Zoning Commission and City Council maintain exclusive authority on matters
of appeal related to the Planned Development District.
SECTION 3. THAT, violation of any provision of this Ordinance, including an approved PD
Concept or Detail Plan, 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 could otherwise be affected by the changes provided herein, such omission is
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.
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SECTION 7. 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 or.tohe,- 9 , 2019.
Passed by the City Council on second reading on _October 22 , 2019.
DANIEL M. POPE, MAYOR
ATTEST:
Re ecc Garza, ity Secretary
APPROVED AS TO CONTENT:
J
Kriste Sager, Interim Dir t r of Planning
APPROVED AS TO FORM:
vjfi�
elli Leisure, Assistant City Attorney
Ord.Planned Development Districts-111W Amend
10.01.19
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