HomeMy WebLinkAboutOrdinance - 2008-O0024 - Amending Zoning Ordinance: Case No. 2048-C; Townhome; Multi-Family - 02/28/2008First Reading
February 28» 2008
Item No. 6.3
ORDmANCEN0 .. __ 2_0_0_8~~~02_4 __ _
Second Reading
March 13,. 2008
Item. No. 4.10
AN ORDINANCE AMENDmG ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 3048-C; A ZONING CHANGE FROM R-1 SPECIFIC
USE, R-2, AND A-2 TO A-2 SPECIFIC USE FOR MULTIFAMILY HOUSING AND
TOWNHOME UNITS ON BLOCK 28, 29, 38, 39 AND THE NORTH HALF (LOTS
1-12) OF BLOCK 27 AND 40 AND THIRTY FEET (30') OF THE ADJACENT
DEDICATED STREET RIGHT OF WAY ON THE ENTIRE PERIMETER AND
THE TWENTY FOOT (20') ALLEY TO THE SOUTH OF BLOCKS 27 AND 40,
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, the 1986 Comprehensive Land Use Plan as amended is a guide to
help the Lubbock Planning and Zoning Commission and City Council detennine the
physical development of the community; however, planning is a continuous process and
change is inevitable; and
WHEREAS, the Lubbock Planning and Zoning Commission and City Council
recognize that the zone change is a minor deviation from the 1986 Comprehensive Land
Use Plan as amended, which protects public and private commitments that have been
previously based on the Plan; 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 29-29 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:
WNE CASE NO. 3048-C
SECTION 1. THAT Ordinance No. 7084 and the Official Zoning Map are
amended as follows:
A change of zoning from R-1 Specific Use, R-2, and A-2 to A-2 Specific Use for
multifamily housing and townhome units on Block 28, 29, 38, and 39 and the
north half (Lots 1-12) of Block 27 and 40 and thirty feet (30') of the adjacent
dedicated street right of way on the entire perimeter and the twenty foot
(20') alley to the south of Blocks 27 and 40 under provisions of Section 29-24 of
the Code of Ordinances of the City of Lubbock, Lubbock County, Texas, located
between Main Street to Glenna Goodacre Boulevard from Ave U to Avenue
S, subject to the following conditions:
SUBJECT TO THE FOLLOWING CONDITIONS:
1. THAT Overton Park Residential Design Guidelines are adopted within
this ordinance with the following amendments:
a. The front porches may be six feet eight inches (6'8") deep versus
the eight feet (8') outlined in the Overton Park Residential Design
Guidelines.
b. The mix of structures shall be arranged such that no three-story
building faces Glenna Goodacre Boulevard. Otherwise, the
developer may arrange the building mix that best suits the
available square footage on each block face. The rear style of each
structure shall be as designed by the developer.
c. The townhome structures shall be constructed in a different style
than Hbungalow" since that style is not acceptable in row housing.
d. Propose an approved style other than "bungalow" for units that
have a second-story porch.
e. Structures including porches shall maintain a minimwn of twelve
feet (12') of front setback and five feet (5') side street setback, and
the corner structures shall be designed to meet the twenty-five foot
(25') vision triangle.
Zone Case No. 3048-C
page-2 of4
f. No sheet materials shall be allowed unless finished as box and strip
construction. Vertical sixteen inch (16") or less box and strip style
"smartside" will be allowed. No masonite panels or shiplap
materials will be allowed.
g. As noted in the Overton Park Residential Design Guidelines,
exterior window shutters are permitted only in the Colonial
Revival style.
h. For horizontal lap siding, the reveal may not be greater than seven
inches (T').
1. Roof slopes may be increased to as much as fourteen (14} in
twelve (12) versus the maximum of six (6) in twelve (12) in the
Craftsman Bungalow portion of the Overton Park Residential
Design Guidelines. The developer is working on a number of the
unit designs to have less roof pitch in some of the structures.
J. Standing seam metal shall be allowed on porches, all main roof
forms will have composite shingle roofs.
2. That a screening fence shall not be required on any portion of the
perimeter of the four and one-half (4 Yl) block development.
3. That the total height from slab on several of the three-story structures and
the clubhouse may be fifty-six feet (56') tall with a seventy foot (70')
cupola versus the development standard of a forty foot ( 40') maximum in
A-2.
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 classification, which in this case is
the R-1 Specific Use, R-2 and A-2 zone district, 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 between Main Street to Glenna Goodacre Boulevard from
Avenue U to AvenueS, 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/1 00
Zone Case No. 3048-C
page-3 of4
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 28th day of February , 2008.
Passed by the City Council on second reading this 13th day of March , 2008.
-~~-<¥-_ .... _
DAVID A. MILLER) MAYOR
ATTEST:
-
APPROVED AS TO CONTENT:
APPROVED AS TO FORM:
~---r:~.~ c;;¥ cL--.-eL-
Linda L. Chamales
Senior Attorney Office Practice
vw/cityatt/Linda!ZoneCases/ZC3048-C
February 11,2008
Zone Case No. 3048-C
page -4 of4
'fftE"STATE OF TEXAS
~TY OF LUBBOCK ...... ( ( ~fora n'le Alan C. Weems a Notary Public in and for Lubl: a::.•·~: :~~ !':7c11
E ~ this
. MENDING ZONING d~y personally appeared Inez Lopez of the SOl0,,l~L~~,tft0cW~ r I..-. OF ~UBBOC:K MAKING THE ~rporation, publishers of the Lubbock Avalanche-Journal -Morning, and Sunday, who being by r ~~1filJ:i~~~XIs~Y~f
. I U~E I R~l, AND A~2 T~ A-2 did ·dispose and say that said newspaper has run continuously for more than fifty-two weeks pno't..CL"'f"l~.l~ H'l>as~NG AoH~
TOWNHOME UNITS ON &~OCK
inSertion of this Legs/ Notice ~·l~ lM~t~~S ~~M?c1~l~ ~~-~-------------------------------------------------------------AND•OANDTHIRTYI'EET--------
No. c U O'l OF THE ADJACENT
----------------------------at Lubbock ounty, o'o..~Jc;tl'b~si~ieU~rrl tched ~&RIMETER AND THE printed copy of the Legal Notice is a true copy of the original and w~t;:t~Nld'u~101r·6ta!r.\~ ~9 Jbock
IAifn • 9 1 1 AND .o LU9,IIOCK. TiXAS: 1 IF\ Avalanche-Journal on the following dates: lflUAU\ ,j.J.;. 2(,. t200!il "'110 /A~~~ve~~~~o i0~i~~~r~: r.ru ----0 ---pftOVIDitiG A $AVbNG$_._..,_ ___ _
tii>s/tJe Sales Manager
~~CK AVALANCHE-JOURNAL ~;(~Communication Corporation
~orper·
Sjjb~ribed and sworn to before me this
EQRM 58-10
~lfs~fb.~r&~ROVIDIN FOR
SECTIOII 3. THAT violation 01 any provlslan of tnts Ordinance e sholl be Cltemed a ml$de,.anor
.J ~unlshahle by fine nat to ox«ed .:J. TWO Thwsand and No'ICIO ~an . q;~~=~~.·~----NOTARY PUBLIC in ~~toecttvotlubbotk. _·exas
my commission Expires
___ _...7_Yft _____ day of
sn12o11
ALAN C WiEMS
Notary Public, State of Texas
My Commission Expires
May 07,2011