HomeMy WebLinkAboutOrdinance - 2006-O0036 - Amending: Repealing Ordinance 2005-O0105 And Zone Case 3048-A; Town Homes - 03/23/2006First 'Reading
March 23, 2006
Item. No. 6.4
ORDINANCE NO. 2006-o0036
Second 'Reading
April 13, 2006
Itea No. 6.2
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES:
REPEALING ORDINANCE NO. 2005-00105; AND ZONE CASE NO. 3048-A; A
ZONING CHANGE FROM R-1 SPECIFIC USE TO R-1 SPECIFIC USE FOR
TOWNHOUSES, GARDEN HOMES, AND DETACHED SINGLE-FAMILY HOMES
ON ALL OF BLOCKS 28, 29, 35, 38, 39, 61 AND 62; LOTS 13-24, BLOCK 30; LOTS 18-
24 AND THE EAST 1h OF LOT 17, BLOCK 34; LOTS 13-24, BLOCK 63; LOTS 1-12,
BLOCK 27; LOTS 1-12, BLOCK 40, OVERTON ADDITION, AND BLOCKS 1,2,3, AND
4, OVERTON PARK 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 Commission for its recommendation 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 Goverrunent 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:
SECTION 1. THAT City of Lubbock Ordinance No. 2005-00105 is hereby repealed.
SECTION 2. THAT, pursuant to ZONE CASE NO. 3048-A, Ordinance No. 7084
and the Official Zoning Map are amended as follows:
A change of zoning from R-1 Specific Use to R-1 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, 1
Zone Case No. 3048-A
page -1 ofll
38, 39, 61 AND 62; LOTS 13-24, BLOCK 30; LOTS 18-24 AND THE EAST Ih OF
LOT 17, BLOCK 34; LOTS 13-24, BLOCK 63; LOTS 1-12, BLOCK 27; LOTS 1-12,
BLOCK 40, OVERTON ADDITION, AND BLOCKS 1,2,3, AND 4, OVERTON
PARK ADDITION, City of Lubbock, Lubbock County, Texas, generally located
between sm Street and lOth Street, and between Avenue "S" and Avenue "V",
subject to the following conditions:
SUBJECT TO THE FOLLOWING CONDITIONS:
1. THAT the "Overton Park Residential Design Guidelines" (a copy of which is
attached hereto as Exhibit "A" and incorporated hereto as if fully set forth) shall be
applicable to all new construction, additions, alterations and material improvements
in this district.
2. 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.
3. THAT single-family detached and garden homes may be designed in any one of five
architectural styles (Craftsman Bungalow, Colonial Revival, Spanish Eclectic,
Tudor Revival, and Folk Victorian) as outlined in the "Overton Park Residential
Design Guidelines.'' Owners and/or builders shall not use a front elevation on any
lot if the elevation is substantially similar to that used on an adjacent lot or on a lot
that faces the lot.
4. THAT townhouses may be designed in one of three styles (Colonial Revival,
Spanish Eclectic and Folk Victorian). A townhouse structure (consisting of multiple
units) may only include one style.
5. THAT the Plan Review Process outlined in the "Overton Park Residential Design
Guidelines," shall be applicable to all new construction, additions, alterations and
material improvements in this district. As part of that process, construction plans
must first be reviewed by the Overton Park Design Review Committee (DR C). After
review and approval by the DRC, completed plans and other information as specific
in the plan review process in the "Overton Park Residential Design Guidelines" must
be submitted to the City of Lubbock for review and permitting.
6. 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, townhouse, or garden home) is
allowed.
b. Front Yard. The front yard shall be no less than eighteen (18) feet and no
greater than twenty (20) feet. No curb cuts are allowed on any street front.
Zone Case No. 3048-A
page-2ofll
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-or three-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 and five (5) feet for
one-story carports. A second or third floor structure that extends beyond the
rear wall of the first floor structure to form a carport must be setback ten
(10) feet from the property line. In no case may any structure encroach on a
utility easement. Setback shall be measured from the property line if from an
alley or from the easement line if from an access easement. All garages
must be accessed from an alley or rear access easement
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 least ten (10) feet of separation
between townhouse structures consisting of multiple units.
(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. Accessory Buildings. Any accessory building shall be located with a
minimum five-foot side and rear setback (as defmed in section 29-3(124)). In
no case may any structure encroach on a utility easement. No portion of
overhang (roof, cornice, eave or sill) may project past any property line.
The wall and roof materials of any accessory building must match those of
the residence.
f. Projections into required yards.
(1) Bay windows, cornices, belt courses, eaves sills, awnings,
canopies, and chimneys may extend two (2) feet into any required
yard.
(2) Porches (excluding steps), townhouse stoops, terraces, balconies
(whether covered or uncovered), and walled courtyards (for
Spanish Eclectic style only) may extend eight (8) feet into the
required front yard. The roof overhang of covered porches or
balconies may extend up to 2 additional feet. These features are
required by and described in the "Overton Park Residential Design
Zone Case No. 3048-A
page-3 of 11
Guidelines." However, any encroachments 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
g. Lot area. The minimum area of any garden home lot shall be four thousand
(4,000) square feet, and of any townhouse lot shall be three thousand (3,000)
square feet.
h. 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.
i. 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 first floor
or roof, of forty-five (45) feet.
(2) Garden Homes. Two and one-half (2 lh) stories above the grade
of the ground floor, not exceeding a total height, including any
raised first floor or roof, of thirty-five (35) feet.
j. First floor Height. 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.
k. Width. Townhouses structures (containing multiple units) may not exceed
two hundred and fifty (250) feet in total width.
L. Facade finishing. All facades must be fmished with materials appropriate to
the architectural styles indicated in the "Overton Park Residential Design
Guidelines." Facades include any exterior wall of a building. In a
townhouse, however, walls intended eventually to be a common wall with a
future townhouse unit must be finished with stucco or an approved variant
unless the adjacent unit is under construction at the time of building final
inspection.
m. Off-street parking.
(1) Two (2) off-street parking spaces shall be provided per
residential unit in a townhouse structure. 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 ,
Zone Case No. 3048-A
page-4 ofll
and from the established front setback line to the rear
property line.
(4) Screening is not applicable, as no side yard parking is
allowed.
n. Recreational vehicle storage. The storage of recreational vehicles and
oversized recreational equipment or trailers shall be as follows:
o. Landscape.
(1) 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.
(2) No portion of any recreational vehicle or recreational
equipment or trailer, regardless of size, shall extend over the
property line or access easement.
(3) No pop-up or tent campers shall be stored in a front or side
yard.
(1) The front yard must be landscaped and permanently maintained.
A front walkway connecting 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 , if any, and the alley
property line or access 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
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.
p. 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 corners) or
private (residential walkways). Sidewalks must conform to the standards
Zone Case No. 3048-A
page-5 ofll
contained in the "Overton Park Public Improvements Site Design
Guidelines."
q. 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.
r. Fencing.
(1) Front yard fences. Front yard fences are discouraged. However,
if used, front yard fences must be no more than thirty (30) inches
tall Fences must be of open construction, without solid walls or
panels. Fence piers or posts must be of decorative materials such
as brick, natural, cultured or cast stone, or wrought iron. Open
design front yard fence panels may be of painted wood or wrought
iron. Ornamentation and design that compliment the architectural
style of the house are encouraged, so panels (the area between
posts) may vary in height to create patterns, but all panels in a
front yard fence must be alike.
(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 corner lots, fences must be
setback five (5) feet from the property line adjacent to the street
regardless of the building setback
7. 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, townhouse, or garden-home) is
allowed.
b. 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.
c. Rear Yard. Minimum rear yard setback 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 and five (5) feet for
one-story carports. A second floor structure that extends beyond the rear
Zone Case No. 3048-A
page-6 ofll
wall of the first floor structure to form a carport must be setback ten (10)
feet from the property line. 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.
d. 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.
e. Accessory Buildings. Accessory buildings that do not exceed two hundred
(200) square feet in 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 other size of building shall be located
with a minimum five (5)foot side and rear setback. In no case may any
structure encroach on a utility easement. No portion of overhang (roof,
cornice, eave or sill) may project past any property line. The wall and roof
materials of any accessory building must match those of the residence.
f. Projections into required yards.
(1) Bay windows, cornices, belt courses, eaves, sills, awnings,
canopies, and chimneys may extend two (2) feet into any required
yard.
(2) Porches (excluding steps), terraces, balconies (whether covered or
uncovered), and walled courtyards (for Spanish Eclectic style only)
may extend eight (8) feet into the required front yard. The roof
overhang of covered porches or balconies may extend up to 2
additional feet. These features are required by and described in
the "Overton Park Residential Design Guidelines." However, any
encroachments 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.
g. Lot area. The minimum area of any development lot shall be four thousand
(4,000) square feet.
h. 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.
1. Height. There shall be a maximum height limit of two and one-half (2 1h)
stories above the grade of the ground floor, not exceeding a total height,
including the raised first floor and roof, of thirty-five (35} feet.
j. First Floor Height. 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.
Zone Case No. 3048-A
page -7 of 11
k. 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.
(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.
I. Landscape.
(1) The front yard must be landscaped and permanently maintained. A
front walkway connecting 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
access 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
Zone Case No. 3048-A
page-8 ofll
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.
m. 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 shall be located at all
sidewalk intersections, whether public (at block corners) or private
(residential walkways). Sidewalks must conform to the standards contained
in the "Overton Park Public Improvements Site Design Guidelines."
n. 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.
o. Fencing.
(1) Front yard fences. Front yard fences are discouraged.
However, if used, front yard fences must be no more than thirty
(30) inches tall. Fences must be of open construction, without solid
walls or panels. Fence piers or posts must be of decorative
materials such as brick, natural or manmade stone, or wrought
iron. Front yard fence panels may be of painted wood or wrought
iron. Ornamentation and design that compliment the architectural
style of the house are encouraged, so panels (the area between
posts) may vary in height to create patterns, but all panels in a
front yard fence must be alike.
(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 corner 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 Permit 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
Zone Case No. 3048-A
page-9ofll
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, 61,
AND 62; LOTS 13-24, BLOCK 30; LOTS 18-24 AND THE EAST 1/2 OF LOT 17, BLOCK
34; LOTS 13-24, BLOCK 63; LOTS 1-12, BLOCK 27; LOTS 1-12, BLOCK 40; OVERTON
ADDITION AND BLOCKS 1, 2, 3, AND 4, OVERTON PARK 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.
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 23rd day of -~Ma~rc~h~-· 2006.
I Passed by the City Council on second reading this 13th day of -~Ap~r~i=l __ , 2006.
ATTEST:
~'-~" Re ~za, City Secretary'(
~~
TOM MARTIN, MAYOR PRO TEM
Zone Case No. 3048-A
page -10 of 11
APPROVED AS TO CONTENT:
Randy&~~
Director of Planning
APPROVED AS TO FORM:
k:::;k-' .0 c:;Y C.V/-___e;__-
Linda L. Chamales
Senior Attorney Office Practice
I as/CCDOCS/ZC3048-A-FINAL
March 10, 2006
Zone Case No. 3048-A
page -11 of 11