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HomeMy WebLinkAboutOrdinance - 2005-O0105 - Amending Zoning Ordinance To Make Change: Case 3048; Townhouses, Garden Homes - 08/25/2005First Reading August 25, 2005 Item 50 ORDINANCE NO. 2005-ootos Second Reading September 8, 2005 Item41 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 3048; A ZONING CHANGE FROM R-2, R-3, A-2~ AND C-1 TO R-1 SPECIFIC USE FOR TOWNHOUSES, GARDEN HOMES, AND DETACHED SINGLE-FAMILY HOMES ON ALL OF BLOCKS 28, 29, 35, 38, 39, 58, 59, 60, 61 AND 62; LOTS 13-24, BLOCK 30; LOTS 18-24 AND THE EAST 112 OF LOT 17, BLOCK 34; LOTS 13-24, BLOCK 63; LOTS 1-12, BLOCK 27; LOTS 1- 12, BLOCK 40; AND LOTS 1-12, BLOCK 57, OVERTON ADDITION, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; 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 Conunission for its reconunendation which was received by the City Council and, after due consideration, the City Council found that due to changed conditions, it would be expedient and in the interest of the public health, safety and general welfare to make those proposed changes in zoning; and WHEREAS, all conditions precedent required by law for a valid amendment to the Zoning Ordinance and Map have been fully complied with, including giving notices in compliance with Section 29-24 of the Code of Ordinances, City of Lubbock, Texas, and the notices provided by the Texas Local Government Code §211.007 (Vernon, 1990), and notice was duly published in the Lubbock Avalanche-Journal more than fifteen (15) days prior to the date of the public hearing before the City Council on such proposed amendment, and the public hearing according to said notice, was held in the City Council Chamber of the Municipal Building, Lubbock, Texas, at which time persons appeared in support of the proposal; and after said hearing, it was by the City Council determined that it would be in the public interest, due to changed conditions, that the Zoning Ordinance and the Zoning Map be amended in the manner hereinafter set forth in the body of this Ordinance and this Ordinance having been introduced prior to first reading hereof; NOW THEREFORE: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: ZONE CASE NO. 3048 SECTION 1. THAT Ordinance No. 7084 and the Official Zoning Map are amended as follows: A change of zoning from R-2, R-3, A-2, and C-1 to R·l Specific Use for Townhouses, Garden Homes, and Detached Single-Family homes under provisions of Section 29-24 of the Code of Ordinances of the City of Lubbock on ALL OF BLOCKS 28, 29, 35, 38, 39, 58, 59, 60, 61 AND 62; LOTS 13- 24, BLOCK 30; LOTS 18-24 AND THE EAST lh OF LOT 17, BLOCK 34; LOTS 13-24, BLOCK 63; LOTS 1-12, BLOCK 27; LOTS 1-12, BLOCK 40 ; AND LOTS 1-12, BLOCK 57, OVERTON ADDITION, City of Lubbock, Lubbock County, Texas, generally located between SU' Street and lOth Street, and between Avenue "S" and Avenue "V", subject to the following conditions and being further described as follows: METES AND BOUNDS DESCRIPTION: Attached as Exhibit" A''; SUBJECT TO THE FOLLOWING CONDITIONS: 1. THAT the three types of housing plans (single-family detached, townhouse and garden home) may be located anywhere within the area included in this zone case, so long as all land area on one side of a street between intersecting streets is designated for a single housing type. 2. THAT the Plan Review Process outlined in the "Overton Park Residential Design Guidelines," (a copy of which is attached hereto as Exhibit "B" and incorporated herein as if fully set forth) shall be applicable to all construction in this district. As part of that process, construction plans must first be reviewed by the Overton Park Design Review Committee (DRC). After review and approval by the DRC, completed plans must be submitted to the City of Lubbock for review and permitting. 3. THAT townhouses and garden home dwelling units shall comply with the following regulations contained within this ordinance, including the "Overton Park Residential Development Design Guidelines," and with the non-conflicting regulations of the "R -1 Specific Use" and "R -1" Districts in the Code of Ordinances: a. Platting. 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. Within such contiguous frontage, only one housing type (single-family detached, town house, or garden-home) is allowed. b. Front Yard . The front yard shall be no less than 15 feet and no greater than 17 feet. No curb cuts are allowed on any street front. Access to a garage is not allowed from a front yard. Structures and "outdoor living areas" must meet the vision clearance requirements of the R-1 Section of the City of Lubbock Zoning Ordinance. c. Rear yard. Minimum rear yard shall be five (5) feet for any one- story structure and ten (10) feet for any two-story structure. However, when access to a garage or carport is from an alley or access easement, the minimum setback shall be twenty (20) feet for garages or carports. No structure may encroach on any utility easement. Setback shall be measured from the property line if from an alley and/or from the easement line if from an access easement. All garages must be accessed from an alley or rear access easement. Zone Case No. 3048 page-2of9 d. Side yard. There shall be a zero (0) foot minimum side yard requirement, except that there shall be a minimum five (5} foot setback from any property line adjacent to a street. No curb cuts are allowed from any street. Access to a garage is not allowed from a side street. (1) Townhouses. There shall be at lest ten (10} feet of separation between townhouse structures. (2) Garden Homes. There shall be at least ten (10) feet of separation between garden home 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 and maintenance easement for the zero (0) setback garden home. Such access and maintenance easement may be reduced if the side yard setback is greater than zero, though the total distance from the residence to the property line or access and maintenance easement line must total at least five feet. e. Projections into required yards. (1) Bay windows, cornices, belt courses, sills, awnings, canopies, and chimneys may extend two (2) feet into any required yard. (2) Porches, excluding steps, and/or balconies, whether covered or uncovered, may extend five (5) feet into the required front yard. However, any encroaclunents in the front yard may not extend into the vision triangle as defined in the R-1 Specific Use Section of the City of Lubbock Zoning Ordinance f. Lot Coverage. The combined area of all structures shall not exceed (1) Townhouses. Eighty-five (85) percent of the lot area. (2) Garden Homes. Sixty-five (65) percent of the lot area. (3) Any structure included under a roof must be included in the lot coverage calculation. Patios and terraces without solid roofs shall not be counted in the combined area. f. Height. Structure height shall not exceed (1) Townhouses. Three (3) stories above the grade of the ground floor, not exceeding a total height, including any raised entry or roof, of forty-five (45) feet. (2) Garden Homes. Two and one-half (2 1!2)stories above the grade of the ground floor, not exceeding a total height, including the raised entry and roof, of thirty-five (35) feet. (3) The first floor must be raised above the top of curb elevation at least 18 inches or three (3) steps to the porch or outdoor living area, whichever is greater. g. Off-street parking. Two (2) off-street parking spaces shall be provided per residential unit in a townhouse structure. The required Zone Case No. 3048 page -3 of9 spaces must not include the garage spaces. There shall be no curb cuts allowing access to, or parking in, front or side yards. h. Landscape. (1) The area between the rear yard fence, if any, and the alley property line or easement line must be paved or landscaped and permanently maintained. (2) The parkway or area between the curb and back of sidewalk must be landscaped and permanently maintained. This shall be in addition to the required on-site landscaping. Parkway landscaping and sidewalks must conform to the standards contained in the "Overton Park Public Improvements Site Design Guidelines." (3) All landscaped areas on the development tract and adjacent parkway shall have an irrigation system capable of sustaining plant materials. Irrigation systems shall meet acceptable industry standards. Parkway irrigation systems adjacent to public streets shall not spray on adjacent streets and gutters. i. Sidewalks. Sidewalks within the public right-of-way will be five (5) feet wide and the inside edge shall be on the front or side property line. Sidewalks will be of concrete with brick edging. Brick cross bands shall be located at all sidewalk intersections, whether public (at block comers) or private (residential walkways). Parkway landscaping and sidewalks must conform to the standards contained in the "Overton Park Public Improvements Site Design Guidelines." j. Access. If lots do not front on a public street, they shall front onto a vehicular or pedestrian access easement that has access to a public street. k. Fencing. (I) Front yard fences. Front yard fences are discouraged. However, if used, front yard fences be must be of uniform height no more than thirty (30) inches tall. Front yard fences may only be comprised of decorative materials such as brick, natural or mamnade stone or wrought iron. Ornamentation and pattern are encouraged. (2) Rear and side yard fences. Rear and side yard fences may be constructed of wood, but must be constructed using metal posts with a concrete footing. No-chain link fencing is allowed unless fully screened from public areas and neighboring properties. (Example: a chain link dog run in a fully enclosed back yard.) Any wood fencing shall be redwood or cedar and shall have a flat wood cap and trim. Rear yard fences shall be set back at least five (5) feet from the rear property line. On comer lots, fences must be Zone Case No. 3048 page-4 of9 setback five (5) feet from the property line adjacent to the street regardless of the building setback. 4. THAT detached single-family dwelling units shall comply with the following regulations contained within this ordinance including the "Overton Park Residential Development Design Standards" and with the non-conflicting regulations of the "R-1" District in the Code of Ordinances: a. Platting. 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. Within such contiguous frontage, only one housing type (single-family detached, town house, or garden-home) is allowed. b. Yard Requirements. (1) Front yard. The front yard shall be no less than twenty (20) feet and no greater than twenty-five (25) feet. No curb cuts are allowed from any street front. Access to a garage is not allowed from any street. Structures and "outdoor living areas" must meet the vision clearance requirements of the R -1 Section of the City of Lubbock Zoning Ordinance. (2) Rear yard. Minimum rear yard shall be five (5) feet for any single-story structure and ten ( 1 0) feet for any two-story structure. However, when access to a garage or one-story carport is from an alley or access easement, the minimum setback shall be twenty (20) feet for garages or five (5) feet for one-story carports not having solid side walls. A second floor structure that extends beyond the rear wall of the first floor structure to form a carport must be setback five (5) feet from the property line. However, in no case may any structure encroach on a utility easement. Setback shall be measured from the property line if from an alley and/or from the easement line if from an access easement. All garages must be accessed from an alley or rear access easement. (3) Side yard. There shall be a five (5) foot minimum side yard requirement. However, when access to a garage or one-story carport is from an alley, the minimum side yard setback for the garage or carport may be zero (0) on one side only, and that side may not be adjacent to any street. Access to a garage is not allowed from a side yard. (4) Tool or storage houses. Tool or storage houses, not to exceed two hundred (200) square feet in an area or eight (8) feet in height, with no utilities except electricity, may be erected on the rear and/or side property lines, with no minimum setback from those property lines at any location in the rear yard (as defined in section 29-3(124)). Any Zone Case No. 3048 page-5 of9 other size of building or location shall be located with a minimum five-foot side setback. No portion of overhang (roof, cornice, eave or sill) may project past any property line. The wall and roof materials of any tool or storage house must match those of the residence. c. Projections into required yards. (1) Bay windows, cornices, belt courses, sills, awnings, canopies, and chimneys may extend two (2) feet into any required yard. (2) Porches, excluding steps, and/or balconies, whether covered or uncovered, may extend five (5) feet into the required front yard. However, any encroaclunents in the front yard may not extend into the vision triangle as defined in the R-1 Section of the City of Lubbock Zoning Ordinance. d. Lot area. The minimum area of any development lot shall be four thousand (4,000) square feet e. Lot coverage. The combined area of all structures shall not exceed sixty-five (65) percent of the lot area. Any structure included under a roof must be included in the lot coverage calculation. Patios and terraces without solid roofs shall not be counted in the combined area. f. Height. There shall be a maximum height limit of two and one-half (2 lfz) ~ories above the grade of the ground floor, not exceeding a total height, including the raised entry and roof, of thirty-five (35) feet. The first floor must be raised above the top of curb elevation at least 18 inches or three (3) steps to the porch or outdoor living area, whichever is greater. g. Off-street parking. (1) Two (2) off-street parking spaces shall be provided per residential unit. The required spaces must not include the garage spaces. There shall be no curb cuts allowing access to, or parking in, front or side yards. (2) No vehicles (including recreational dual purpose vehicles) recreational vehicles, and recreational equipment or trailers, whether oversized or not, shall be parked in a front yard. (3) No vehicles (including recreational dual purpose vehicles), recreational equipment or trailers shall be parked in a side yard. In no event shall parking be allowed in the right-of- way or parkway. For this section, side yard shall be that yard between the side building line and the side lot line, if any, and from the established front setback line to the rear property line. Zone Case No. 3048 page-6 of9 ( 4) Screening is not applicable, as no side yard parking is allowed. (5) The storage of recreational vehicles and oversized recreational equipment or trailers shall be as follows: (a) No recreational vehicles or oversized recreational equipment or trailers shall be stored in the front or side yard. Recreational vehicles and oversized recreational equipment or trailers may be stored on private property either in an enclosed building, under a legal carport, or in the rear yard up to the property line or access easement with no minimum setback. In no event shall storage be allowed in the right-of-way or parkway. (b) No portion of any recreational vehicle or recreational equipment or trailer, regardless of size, shall extend over the property line or access easement. (c) No pop-up or tent campers shall be stored in a front or side yard. h. Landscape. (1) The front yard must be landscaped and permanently maintained. A front walkway coimecting the entry and the sidewalk must be included. No more than ten (10) percent of the required front yard may be landscaped in hard surface materials, excluding the required front walkway (2) The area between the rear yard fence and the alley property line or easement line must be paved or landscaped and permanently maintained. (3) The side yard must be landscaped and permanently maintained. ( 4) The parkway, or area between the curb and back of sidewalk, must be landscaped and permanently maintained. This shall be in addition to the required on-site landscaping. Parkway landscaping and sidewalks must conform to the standards contained in the "Overton Park Public Improvements Site Design Guidelines." (5) All landscaped areas on the development tract and adjacent parkway shall have an irrigation system capable of sustaining plant materials. Irrigation systems shall meet acceptable industry standards. Parkway irrigation systems adjacent to public streets shall not spray on adjacent streets and gutters. 1. Sidewalks. Sidewalks in the public right-of-way will be five (5} feet wide and the inside edge shall be on the front or side property line. Sidewalks will be of concrete with brick edging. Brick cross bands Zone Case No. 3048 page -7 of9 shall be located at all sidewalk intersections, whether public (at block comers) or private (residential walkways). J. Access. If lots do not front on a public street, they shall front onto a vehicular or pedestrian access easement that has access to a public street. k. Fencing. (1) Front yard fences. Front yard fences are discouraged. However, if used, front yard fences be must be of uniform height no more than thirty (30) inches tall. Front yard fences may only be comprised of decorative materials such as brick, natural or manmade stone or wrought iron. Ornamentation and pattern are encouraged. (2) Rear and side yard fences. Rear and side yard fences may be constructed of wood, but must be constructed using metal posts with a concrete footing. No-chain link fencing is allowed unless fully screened from public areas and neighboring properties. (Example: a chain link dog run in a fully enclosed back yard.) Any wood fencing shall be redwood or cedar and shall have a flat wood cap and trim. Rear yard fences must be set back at least five (5) feet from the rear property line. On comer lots, fences must be setback five (5) feet from the property line regardless of the building setback. SECTION 2. THAT the granting of this specific use zoning is hereby made subject to compliance with all provisions of Zoning Ordinance No. 7084, as amended, including particularly, but not limited to, Section 29-24 of the Codified Zoning Ordinance, which provides that a Building Pennit shall be applied for and secured within thirty (30) months of the effective date of the zone change or all undeveloped property shall automatically revert back to the previous zoning classifications, which in this case are the R-2, R-3, A-2, and C-1 zone districts; and if such reversion occurs, the Director of Planning is directed to remove from the Zoning Map the legend indicating such specific use. The Specific Use authorized by this Ordinance is permitted under provision of Section 29-24 (c) 24 of Codified Zoning Ordinance No. 7084 on the property described as ALL OF BLOCKS 28, 29, 35, 38, 39, 58, 59, 60, 61 AND 62; LOTS 13-24, BLOCK 30; LOTS 18-24 AND THE EAST 1hOF LOT 17, BLOCK 34; LOTS 13-24, BLOCK 63; LOTS 1-12, BLOCK 27; LOTS 1-12, BLOCK 40; AND LOTS 1-12, BLOCK 57, OVERTON ADDITION, City of Lubbock, Lubbock County, Texas. 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 29-31 of the Zoning Ordinance of the City of Lubbock. Zone Case No. 3048 page-8 of9 SECTION 4. 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 5. 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 this 25m day of August, 2005. Passed by the City Council on second reading this 8tb_day of September, 2005. TOM MARTIN, MAYOR PROTEM ATTEST: ~~ Re ccaoarza:aty Secretary ~ APPROVED AS TO FORM: ~--2_~~~~ Linda L. Chamales Senior Attorney Office Practice as/cityatt!Linda/ZoneCases/ZC3048 September 1, 2005 Zone Case No. 3048 page-9 of9 Exhibit "A" 66.2 acres R-1 Specific Use METES AND BOUNDS DESCRIPTION for a 66.2 acre tract of land located in Section 2, Block 0, Lubbock County, Texas, being further described as follows: BEGINNING at a point in the center line of Avenue "V", which bears East an approximate distance of 1928 feet and South an approximate distance of 255 feet from the Northwest corner of Section 2, Block 0, Lubbock County, Texas; THENCE East. along the center line of a 20 foot alley, an approximate distance of 650 feet to a point in the center line of Avenue "U"; THENCE South, along the center line of Avenue "Un, an approximate distance of 235 feet to a point in the center line of 51h Street; THENCE East, along the center line of 51h Street, an ap;Jroximate distance of 250 feet to a point; THENCE North an appro:"{imate distance of 235 feet to a point in the centerline of a 20 foot alley; THENCE East, along the centerline of said 20 foot alley, an approximate distance of 400 feet to a point in the centerline of Avenue "T"; THENCE South, along the center line of Avenue 'T" an approximate distance of 570 feet to a point in the center line of 61" Street; THENCE West, along the center line of 6lh Street an approximate distance of 650 feet to a point in the center line of Avenue "U"; THENCE South, along the center line of Avenue "U", at approximately 335 feet pass the center line of ih Street, continuing for a total approximate distance of 670 feet to the center line of Glenna Goodacre Boulevard; THENCE East, along the center line of Glenna Goodacre Boulevard an approximate distance of 650 feet to a point in the center line of Avenue "T"; THENCE North, along the center line of Avenue "T" an approximate distance of 168 feet to a point in the center line of a 20 foot alley; THENCE East, along the center line of 20 foot alley a distance of 650 feet to a point in the center line of Avenue THENCE South, along thg center line of Avenue "S" at approximately 168 feet pass the center line of Glenna Goodacre Boulevard, continuing South at approximately 503 feet pass the center line of 91" Street, continuing South at approximately 838 feet pass the center line of 10lh Street and continuing for an approximate total distance of 1018 feet to a point in the center line of a 20 foot alley; THENCE West, along the center line of 20 foot alley at approximately 650 feet pass the center line of Avenue ''T", continuing West at approximately 1300 feet pass the center line of Avenue "U" for an approximate total distance of 1950 feet to a point in the center line of Avenue "V"; THENCE North, along the center line of Avenue "V" at approximately 180 feet pass the center line of 10th Street, continuing North at an approximate distance of 515 feet pass the center line of glh Street, continuing North an approximate distance of 850 feet pass the center line of Glenna Goodacre Boulevard, continuing North at an approximate distance of 1185 feet pass the center line of 7lh Street, continuing North at an approximate distance of 1520 feet pass the center line of 61h Street, continuing North at an approximate distance of 1855 feet pass the center line of 5th Street for an approximate total distance of 2090 feet to the Point of Beginning; FOR ZONE CHANGE REQUEST ONLY; DOES NOT REPRESENT A SURVEY. 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