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HomeMy WebLinkAboutOrdinance - 8815-1985 - Amending Ch. 29 Of The Code Of Ordinances, City Of Lubbock, Entitled "Zoning" - 08/22/1985LJM:js I First Reading August 22, 1985 Agenda Item #19 Second Reading September 12, 1985 Agenda Item #15 ORDINANCE ~0. 8816 AN ORDINANCE AMENDING CHAPTER 29 OF THE CODE OF ORDINANCES, CITY OF LUBBOCK, ENTITLED "ZONING," BY RENUMBERING SECTION 29-3(24b); BY ADDING TO SECTION 29-3 DEFINITIONS FOR "CARPORT," "GARDEN HOME" AND "TOWNHOUSE;" BY REPEALING SECTION 29-24(c)(1 )g WHICH REFERS TO ZERO LOT LINE HOUSES; BY AMENDING SECTION 29-24(c)(2) TO PROVIDE FOR A PERMITTED SPECIFIC USE DISTRICT FOR TOWNHOUSES AND GARDEN HOMES; PROVIDING FOR REQUIREMENTS FOR TOWNHOUSES AND GARDEN HOMES; AND BY AMENDING SECTION 29-8 ENTITLED "R-2 TWO FAMILY DISTRICT" TO MAKE TOWNHOUSES AND GARDEN HOMES A PERMITTED USE IN SUCH DISTRICT; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY AND PROVID- ING FOR PUBLICATION. WHEREAS, the proposed amendment to the Zoning Ordinance as hereinafter made has been duly presented to the Planning and Zoning Commission for its recommendation which was received by the City Council and, after due consideration, the City Council finds that it would be expedient and in the interest of the public health, morals, and general welfare to so amend said Zoning Ordinance; and WHEREAS, all conditions precedent required by law for a valid amend- ment to the Zoning Ordinance had been fully complied with, as well the publication of notice in compliance with Section 29-29 of the Code of Ordinances, City of Lubbock, Texas and Article 1011d, Vernon's Annotated Civil Statutes, and such notice was duly published in the lubbock Avalanche- Journal more than fifteen (15) days prior to the date of the public hearing before the City Council on such proposed amendment, and the public hearing according to said notice was duly held in the City Council Room, City Hall, lubbock, Texas, at which time persons appeared in support of the proposal; and, after said hearing, it was by the City Council determined that it would be in the public interest, that the Zoning Ordinance 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 Code of Ordinances, City of Lubbock, Texas, is hereby renumbered as follows: Section 29-3(24b) shall become 29-3(24c) SECTION 2. THAT the Code of Ordinances, City of lubbock, Texas, is hereby amended by adding sections to be numbered 29-3(24b), 29-3(52b) and 29-3(113a), which said sections read respectively as follows: II II ·· · ~ · II II "(24b) Carport: An open-sided, roofed motor vehicle shelter." 11 (52b) Garden Home: A free standing, detached structure, used for residential purposes which is built in accordance with the standards set out in Section 29-24(c)(2) of this Code." "(113a) Townhouse: A house of a row, joined to its neighbors by party walls and covered by the same roof, while occupying separate lots. No townhouse structure shall have less than two (2) dwelling units or an overall length exceeding two hundred and fifty (250) feet. SECTION 3. THAT the Code of Ordinances, City of Lubbock, Texas, is hereby amended by repealing the whole of Section 29-24(c)(1)g which refers to zero lot line houses. SECTION 4. THAT Section 29-24(c)(2) of the Code of Ordinances, City of Lubbock, Texas, is hereby amended to read as follows: "(2) Townhouse/Garden Home. In the "R-1" District provided the following requirements are met: a. Land platted for use under this Section shall include all land area having continuous common street frontage and located on one side of a street between intersecting streets or with an alley substituting for one of the streets. Any single or combination of housing types provided within this district shall be allowed in a contiguous land area. b. Common areas shall be under the control and jurisdiction of a homeowner's association. Such association shall provide proof of incorporation prior to issuance of a construction permit. c. No townhouse structure shall have less than two (2) dwelling units or an overall length exceeding two hundred and fifty (250) feet. d. front yard. The minimum front yard shall be fifteen (15) feet, provided that in no case shall a garage or carport fronting onto a street be less than twenty (20) feet from the property line adjacent to the street. e. Rear yard. The minimum rear yard shall be five (5) feet for a single-story structure, and fifteen (15) feet for any two-story structure. If access is from an alley, the minimum setback will be twenty (20) feet for garages, or five (5) feet for carports not having solid side walls. - 2 - ~ F .. . I' a ~ . ~ 1 \ l l I f. Side Yard. The minimum side yard shall be zero (0) feet; however, there shall be at least ten (10) feet of separation between structures. When garden homes are constructed with a zero (0) side yard, five (5) feet on the lot adjacent to the zero (0) setback shall be dedicated as an access easement for the zero (0) setback garden home. There shall be a minimum of ten (10) feet from any property line adjacent to a street, except that in no event shall a residential garage be less than twenty (20) feet from any property line adjacent to a street. g. Lot frontage. 1. The minimum lot frontage for each individual townhouse unit shall be twenty (20) feet. 2. The minimum frontage of any garden home shall be thirty-five (35) feet. h. Lot area. 1. The minimum lot area for each individual townhouse unit shall be two thousand (2,000) feet. 2. The minimum area of any development lot for garden homes shall be twenty-eight hundred (2,800) square feet. i. Lot coverage. The combined area of all structures shall not exceed sixty-five (65) percent of the lot area. Trellised and open porches shall not be counted in the combined area. j. Height. No structure shall exceed two (2) stories or thirty-five (35) feet in height. k. Parking. Two (2) off-street parking spaces shall be provided per residential unit in a structure. 1. Landscape. In addition to any required landscaping for common areas, the front yard and parkway areas shall be landscaped and permanently maintained. m. Access. If lots do not front on a public street, they shall front onto an access easement that has access to a public street. n. Fencing. Any front yard fencing shall conform to Section 29-30(b)(6)i.1. of this Code. - 3 - i j' II !, ll !I o. Site Plan. Site plans required at Section 29-24(b) of this Code shall not be applicable to this specific use dis- trict." II I SECTION 5. THAT Section 29-8(c)(3) of the Code of Ordinances, City of '1'1 Lubbock, Texas, is hereby amended to read as follows: 11 II i! I ! I i I !I I "(3) Townhouse/Garden Home (subject to the requirements of Section 29-24(c)(2))." SECTION 6. THAT violation of any provisions of this Ordinance shall be deemed a misdemeanor punishable by a fine not to exceed two hundred dollars as provided in Section 1-4 of the City Code. SECTION 7. THAT should any paragraph, sentence, clause, phrase or word of this Ordinance be declared unconstitutional or invalid for any reason, the remainder of this Ordinance shall not be affected thereby. SECTION B. 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 City Council on first reading this 22nd day of August 1985. Passed by City Council on second reading this 12th day September 1985. I ATTEST: ~~~~ ~~ APe OVE ON TENT: II r ,I I! APPROVED AS TO fORM: II II lj II II II -4 - ll THE STATE OF TEXAS COUNTY OF LUBBOCK M·2320-Rl2 Before me Do rot b, R Ull e I I a Notary Public in and for Lubbock County, Texas on this day personally appeared Tvtle Auft II • Account Menal!e r of the Southwestern Newspa- pers Corporation. publishers of the Lubbock Avalanche-Journal -Morning, Evening and Sunday, who being by me duly sworn did depose and say that said newspaper has been published continuously for more than fifty-two weeks prior to the first insertion of this Ltl!ll Notte« --------------No. 683068 at Lubbock County, Texas and the attached print- ed copy of the Lel!e I Not tee Avalanche-Journal on the following dates: 531 Word• @76t per word = is a true copy of the original and was printed in the Lubbock SePtember 14• 21• 1985 $403.56 LUBBOCK AVALANCHE-JOURNAL Southwestern Newspapers Corporation . NANCI::~MAMENDING september 19 85 i~D,NTGH,RDINANce No.~ ' ""• OFFICIAL MAP 01' Subscribed and sworn to before me this --23-. day of FORM58·10 , THe C:IT\'.Of' LUBBOCK SO AS I TO MAICEL.THE FOt."t.bWiNG · 'CHAJ.IGES!flON. E cAse NO. 161$-·G.CHA,NGE', SE~ION 28, BLOCK , f·2, etn• ~F L.t.!BBOCK. LliB-~·/ .. ~ OCK CO~N"tY, T~ TO • -'. · 11AMEND;,t E SITE. P.l:ANt SU'B,. •1 JECT'tO C: NDillONS· PROVIO.. DOAOTHY t:r.G.F.OR .. I'¢NALT.Y AS ¥Jl0.. Notary Public In And f.iT:feEftf! 11M'i.t,lJ~~:~Jl~. My Commi~~ion EX' ~l~NJ'~~~~r_!O. ATNI D I>ROvtb.. · '"".ON. , . RDlNANCEi NO, 8816 _ &-'1P..ORDJ#~NCE't AMENDING: . LEGALJ':cir'~ .. -----------------------1~ ORDJJ!:ces?FcJ:VE g~DiJ.t• --- 1 . AN.QIIlDINANQ; ABlN~ 80CK. ENruTLED 4ZONING H Af•IIXQ:o$1~/..f'Oiltlotf:Ofl-" DY RENUM ERINGSECTIO,.,.J9. 10-FOQ"J: 4l.t:1!'\' ~ 1ft , ~Ubl; BY A DING 7<.'0 SECTION BLOCIC t, PII!~MONT AO!:Il• P03 O!;~INI[TIONS FOR "CAR-TION, TO THE CITY (IF I.UB-"T RT, 'GARDEN HOME" AND JOC:tt. LUBBOCK ' COUNTY. INgwNHSOUI";BY REPEAL· TEXAS. AHO.MORE fi'ARTICU· , EC ON . 29-24(c)(l)g ,' LARLY DESCRIBED IN THE WHICH REF RS TO ·ZERO LOT ''BODY OF ·THIS ORPINANCE; i· LINE HOUS S; BY AMENDING l.iPIRECTING THE CITY ENGI· jSECTION 21'r2~1c)(2) TO PRO. I, NEER TO MARK THE OFFICIAL l VIDE FOR_.. PERMITTED SPE; :MAPS. OF TKE.CITY-OF ·LUB-~~!!'!E." USE! DISTRICT. FOR :BOCK. TO REFLECT SAID J ~mmOUSEIS AND/ GARDEN • ABANDONMENT. ·AND · CLOS. 140MES; PROVIDING FOR RE ~!.lNG: PROVIDING A. SAVINGS I"QUIREMENTIS . FOR· '!TOWN. 'CLAUSE;' AND PROVIDING FOR HiOUSES AND~ARbEN HOMES~ . PUBLICATION · !AND BY AMFNDING SECTION '. . . ORDINANCE NO. U1~· ,,2N ENTITLEltlR-1 TWO FAMI I-AN ORDINANCE AMENDING j o!LY DISTRI 0 TO . 'MAKE lCHAPTER 21' OF THE CODE oF li:':(JWNHOUSE :AND GAROEM ORDINANCES, CITY OF • LUB-·:HOMES A ·1> RMITTED· USE 'IN BOCK. 'ENTITLED ~'ZONING", :SUCH DISTRif'r: PROVIDING. A· ~BY ADDING A NEW SECTION.21'-f• SAVINGS CIJIUSE; PROVIDING : .l.~R~~Nee0~~~-:N t.~T~~g{; I ~=~~~'i.~~~f:,';,_~"RO~IDING . '·PROVIDING. FOR THE RE· 1!1 N ·· 'OR~INANCEN0.8817 :QUIREMENTS OF .SUCH DIS. ,,,A .OR.PINA .. C.E AMENDING TRICT;. BY AMENDING. SEC; CHAPTER 21' F. THE CODE OF TION · 29--4. . ·ENTITLED "PIS. • gRPINANCES,, CIT\' OF LUB· TRICTS.'' TO. ADD ·THE NEW OCK. ENTilt~ED "ZONING" "GO" GARDEN O.FFICE 015-~~RENUMBE INGSECTIONJ9. !TRICT;/ BY. AMENDING SEC· a); AND Y ADDING TO TION 29--5, ENTITLED "ZONING ~ECTION 29--3. ·A DEFINITION MAPS.''' TO: ADD THE NEW OR ··''CONSIGNMENT CLOTH "GO" GARDEN OFFICE PIS. lNG STORE"Ijt.,ND BY RENUM. TIUCT WITH A DESIGNATED BERING SECTf!NS 21'·hlldlC1-3l • . COLOR; '.BY AMENDING .SEC· 29-17(dll1·5) ~NO 21'·11CdlC1·5i TION 29--26, ENTITLED "SIGNS" . :;,~~~DING 0 SECTION 29--16 TO ADD THE NEW ''GO" GAR· ROVISI N THAT A CON· PEN OFFICE DISTRI.CT TO SUB-i ,SIGNMENT C THING ·STORE SE~ION (H), ENTITLED BE '29-27Cdl a 29-IICcO A CON- "SIGNS PERMITTED IN 'AI.' · DJTIONAL. US~E' JN THE "C 2A " 'A2.'. AND. 'AM' DISTRICTS"l· "C·a" A_ND ''C " ZONING: o1$. ~~fyP~V~~~~cfe~R·t~~e::; r:G~~LA~~E; ~~~~~flti~A~ SECTION 1-4 OF .THE .CIT\' 'rENALTY . AN PROVIDING .CODE; PROVI.DING A SAVINGS FOR I>UBL1CAT~N. ·. · · . CLAUSE AND PROVIDING FOR . · ' : ORO NANCE NO 8819 . PUBLicATIOI'f. . .•. _ .. . . . . AN OR. DIN. ANC CANCELLING AUTHoRITY· A D APPROVAL' . FOR A TRAFf: . · 'SIGNAL. ,u··. BROADWA,Y :A AVENue . liND AUTliOitt lNG THE RE9 ,··~~~ C$ SAtO'TRAf!FJe ~IG­ j FIC SlGtA'L w=~R~TIV£ _TAAF· ,; . ' j