HomeMy WebLinkAboutOrdinance - 2003-O0013 - Amending Zoning Ordinance To Make Changes: Case No. 2585-A; Overton Park - 01/23/2003First Reading
January 23, 2003
Item No. 29
Second Reading
February 13, 2003
Item No. 39
ORDINANCE NO. 2003-00013
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF· THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 2585-A; A ZONING CHANGE FROM C-4, C-3, C-3
SPECIFIC USE, AM, A-2 AND R-3 TO CB-2 SPECIFIC USE FOR MIXED USE
DEVELOPMENT ON 5.88-ACRE TRACT OF LAND OUT OF PROPOSED
OVERTON PARK ADDITION, BLOCKS 130 AND 131, 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 compiled with, including giving notices
in compliance with Section 29-24(c)(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 Ordinances 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. 2585-A
SECTION I. THAT Ordinance No. 7084 and the Official Zoning Map are
amended as follows: ,,-:; ~
A change of zoning from C-4, C-3, C-3 Specific Use, AM, A-2 and R-3 to CB-2
Specific Use for mixed use development under provisions of Section 29-24( c )(24)
of the Code of Ordinances of the City of Lubbock on 5. 88-acre tract of land out of
proposed Overton Park Addition, Blocks 130 and 131, City of Lubbock,
Lubbock County, Texas, subject to conditions, located East of University
A venue, West of A venue X, between 6th Street and 8th Street, and being further · ·
described as follows:
LEGAL DESCRIPTION for zone change request only for an approximate 5.88-
acre tract of land located in Blocks 130 and 131 of Overton Addition to the City
of Lubbock, Lubbock County, Texas, being further described as follows:
BEGil\1NING at a point that is the original Southeast corner of Lot 24, Block 130,
Overton Addition to the City of Lubbock, same being the intersection of the West
right-of-way line of Avenue "X" with the North right-of-way line of 8th Street;
THENCE West, along the South block line of said Block 130, Overton Addition,
same being the North right-of-way line of 8th Street, a distance of 420 feet to a
point that is the Southwest corner of this tract;
THENCE North, at 275 feet pass the North line of said Block 130, same being the
South right-of-way line of ih Street, at 335 feet pass the North right-of-way line
of said Block 131, Overton Addition, continuing a total distance of 610 feet to a
point in the North line of said Block 131, same being the South right-of-way line
of 6th Street for the Northwest corner of this tract;
THENCE East, along the North line of said Block 131, same being the South
right-of-way line o f6th Street, a distance of 420 feet to a point that is the original
Northeast corner of Lot 1 of said Block 131, same being the intersection of the
South right-of-way line of 6th Street with the West right-of-way line of said
A venue "X";
THENCE South, along the West right-of-way line of said Avenue "X", at 275 feet
pass the Southeast corner of said Block 131 and the North right-of-way line of ih
Street, at 33 5 feet pass the Northeast corner of said Block 130 same being the
South right-of-way line of said ih Street, continuing along the West right-of-way
line of Avenue "X" for a total distance of 610 feet to the PLACE OF
BEGINNING.
SUBJECT TO THE FOLLOWING CONDITIONS:
1. That the zoning is tied to the site plan, building elevation and exterior
construction materials schedule as presented and approved by the City
Council; and
2. That paragraphs (c) through (p) of Sec. 29-19.1. "CB-2" are modified for this
zoning case only to read as follows:
"( c) Permitted uses.
1. Accessory buildings as follows, subject to all other requirements of this
section:
a. Temporary construction and/or field sales office, provided said structure is
approved by the codes administrator. Said structure must be removed
within ten days of written notice from the codes administrator.
Zone Case No. 2585-A
page-2 of9
2. Antenna, tower or alternative tower structure other than a radio, television
or microwave broadcasting or transmitting antenna or facility, only when
the antenna is co-located on an existing tower or does not add more than
twenty (20) feet to the height of an existing alternative tower structure.
3. Antique shop.
4. Apartments as specified in the 11A-3" section subject to the approved site
plan versus the standard A-3 development standards
5. Art galleries, commercial.
6. Arts and crafts store.
7. Bake shop, candy store, delicatessen, donut shop, and pie shop.
8. Banks, and savings and loan companies.
9. Beauty or barbershops.
10. Bicycle repair shops.
11. Book or stationery shops or newsstand.
12. Camera shop.
13. Cleaning, dyeing or dry cleaning shops.
14. Coin and stamp shops.
15. Coin-operated machines, five (5) or less skill or pleasure coin-operated
machines as an incidental use to any permitted use in this district.
16. Commercial parking lot or building. No gasoline sales permitted.
17. Day nurseries.
18. Department store, discount center, family center.
19. Dress shop.
20. Drug store.
21. Duplicating/copy service.
22. Electronics repair shop.
23. Fire stations.
24. Florist shop.
25. Furniture store, new. All merchandise must be inside the building.
26. Gift shop.
27. Grocery store. Gasoline sales permitted
28. Group housing for up to four ( 4) handicapped persons as defined in section
29-3(54a).
29. Hardware store.
Zone Case No. 2585-A
page-3 of9
30. Hat shop.
31. Health or athletic club.
32. Hobby shop.
33. Hospital, clinic or medical office.
34. Household appliance sales and repair shop, small appliance.
35. Job printing and lithographing.
36. Laundry and dry cleaning not over three thousand (3,000) square feet.
3 7. Lodges, sororities and fraternities.
38. Magazine agency.
39. Music or video shop.
40. Office supply.
41. Offices, general and professional.
42. Oil and gas wells (subject to conditions of Chapter 14, Article VI, Oil and
Gas Drilling, of this Code).
43. Outside dining patios
44. Parking areas and/or buildings.
45. Pet shop or pet grooming -No boarding of animals permitted.
46. Print shop.
47. Private community centers for the recreational and social use of the
residents of an addition, subdivision, housing development, or apartment
complex which is operated by an association or incorporated group for
their use and benefit. Such center may contain a swimming pool,
volleyball, tennis and croquet courts, parking lot, playground equipment
and other similar recreational facilities. Such use shall be of the nature
described above and shall be operated for the benefit and use of the
occupants only as a part of the development.
48. Radio studio, with no tower or antenna.
49. Reducing studio.
50. Restaurants when designed for service and consumption of food inside the
building, except that outside dining areas/patios shall be permitted up to
the property line.
51. Restaurants with sales of mixed alcoholic beverages as an incidental use.
Outside dining areas/patios shall be permitted up to the property line.
52. Self-service laundry or washateria and dry cleaning pick-up stations.
53. Shoe or boot repair shop.
54. Shoe store.
Zone Case No. 2585-A
page -4 of9
55. Single-family dwelling units including town homes or condominium units.
56. Sporting goods store.
57. Sports grill
58. Studios--Art, teaching, dance, music, drama, photographic, interior
decorating.
59. Tailor shop.
60. Temporary construction and/or field sales office, provided said structure is
approved by the codes administrator. Said structure must be removed
within ten days of written notice from the codes administrator.
61. Theaters and motion picture shows (includes multiple screens).
62. Toy store.
( d) Conditional uses. The following uses may be permitted when approved by
the zoning board of adjustment as specified in section 25[29-28]:
(1) None.
(e) Yard requirements.
(1) Front yard. Any lot line adjacent to a dedicated street (not an alley)
shall be a front. The front yard setback for structures and outdoor dining
areas/patios shall be no less than zero (0) feet nor greater than ten (10)
feet.
(2) Rear yard. There shall be no rear yard requirement.
(3) Side yard. There shall be no side yard requirement.
(4) Projections into required yards. Not applicable with the zero setback
provision.
(t) Lot width. There shall be no minimum lot width.
(g) Lot area. There shall be no lot area requirement.
(h) Lot coverage. There shall be no lot coverage requirement.
(i) Floor area ratio. There shall be no floor area ratio requirement.
GJ Height limit. There shall be no height requirement.
(k) Separation. Not applicable
Zone Case No. 2585-A
page -5 of9
1) Off-street parking.
(1) Off-street parking requirements.
a. Residential units -One space for each efficiency unit, one
and one-half (1-1/2) spaces for each one bedroom unit, two (2)
spaces for each unit with two (2) or more bedrooms, two and one
half2-1/2) spaces for each three or more bedroom unit, plus one
additional space for each four ( 4) units in the development.
Accessory uses in conjunction with the residential portion of the
structure shall not require additional parking.
b. All commercial uses -One space for each two hundred fifty
(250) square feet of floor area.
(2) Off-street parking provisions.
a. Required off-street parking may be on-site or on property
under common ownership within six hundred (600) feet of the
property.
b. Shared or leased parking within six hundred (600) feet of the
property when business circumstances, location of parking spaces
and normal hours of use are conductive to both businesses, and
such arrangement is demonstrated by a recorded document
( easement or contract) between the two (2) parties.
c. Any lighting of drives or parking areas shall be so designed as
not to cause any glare on any other residential or apartment
development in the vicinity.
d. Plans for off-street parking areas shall be submitted, checked
and approved as to access, ingress and egress by the city traffic
engineer under the terms of this district and the city's driveway
regulations.
e. No commercial overhead or residential garage doors shall be
allowed facing 8th Street or l 0th Street.
f. Parking spaces maybe as narrow as 8.5 feet, with a mix of the
standard nine (9) foot spaces.
(m) Plan Review -not applicable
(n) Plan Review Process -not applicable
Zone Case No. 2585-A
page -6 of9
( o) Landscaping requirements.
(1) The areas denoted as landscaped areas on the site plan shall be
landscaped.
(2) The parkway areas of adjacent rights-of-way, excluding paved curb
cuts, driveways and sidewalk area, shall be landscaped and permanently
maintained. This shall be in addition to the landscaping required above.
Any landscaping placed in the parkway must be in compliance with
section 29-30(b)(6)i.3. of the zoning ordinance.
(3) All required landscaping must be visible from the public right-of-way
and placed for maximum enhancement of the property.
(4) Landscaping shall meet the requirements of section 29-3(62), except
that hard surface materials shall include only brick, stone, and modular
pavers. Landscaping shall not include the use of smooth, patterned,
colored or aggregate poured-in-place concrete or asphalt.
(5) Any landscaping placed within the visibility triangle of a comer lot
shall be in compliance with the vision clearance standards of this
section.
(6) All landscaped areas on the development tract and adjacent parkway
shall have immediate availability of water (i.e., a water faucet) or an
irrigation system, either system to be capable of sustaining plant
materials. Irrigation systems shall meet acceptable industry standards.
(7) Irrigation systems adjacent to public streets shall not spray onto
adjacent streets or gutters.
(8) When seasonal conditions warrant, the building official may issue a
temporary certificate of occupancy for sixty (60), ninety (90), or one
hundred twenty (120) days pending completion of landscaping. No final
certificate of occupancy shall be issued prior to completion of
landscape requirements.
(p) Vision clearance.
(1) Corner lots. It shall be unlawful to set out, construct, maintain, or
permit or cause to be set out, constructed, or maintained any tree, shrub,
plant, sign or structure or any other view obstruction having a height
greater than two (2) feet as measured from the top of the curb of the
adjacent streets within the intersection visibility triangle. This
restriction shall not apply to traffic control signs and signals, street
signs or utility poles placed within such area by authority of the city.
Zone Case No. 2585-A
page-7 of9
Intersection visibility triangle shall mean a triangle sight area, at all
intersections, which shall include that portion of public right-of-way
and any comer lot within a triangle formed by a diagonal line extending
through points on the two (2) property lines twenty-five (25) feet from
the street comer intersection of the property lines ( or that point of
intersection of the property lines extended) and intersecting the curb
lines.
(2) Parkways. It shall be unlawful to set out, construct, maintain, or permit
to be maintained, set out or constructed any shrub or plant ( excluding
trees), sign or structure, or any other view obstruction having a height
of greater than three (3) feet, as measured from the top of the curb of
the adjacent street, in the parkway area. All trees with a trunk diameter
greater than two (2) inches measured three (3) feet above ground level
that are within any of the parkway area shall be trimmed so that no
foliage is less than six (6) feet above the top of the curb of the adjacent
street. No evergreen or coniferous species of tree shall be allowed in the
parkway.
(3) This section shall not apply to traffic control signs and signals, street
signs, or utility poles placed within the parkway. No such tree, shrub or
plant, sign or structure shall be allowed to interfere with the free
passage of vehicles on the street or of pedestrians on the sidewalk or to
obscure the view of motor vehicle operators of any traffic control
device or street sign or otherwise create a traffic hazard."
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 C-4, C-3, C-3 specific use, AM, A-2 and R-3 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 Blocks 130 and 131, Proposed 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.
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.
Zone Case No. 2585-A
page -8 of9
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 __ J_an_1_ia_r--=-y __ , 2003.
Passed by the City Council on second reading this 13th day of February , 2003. an~-"•••.
T.J. PATT~~COUNCIL MEMBER
ATTEST:
~kc<or~ Rebecca Garza, City Secretary
enior Planner
APPROVED AS TO FORM:
.. (. ,• _,,, ···-~ ~-✓,,.,,-· 4 j' .. .,~ ....... ~;<..,<::::.:::.:: . C. ~:;7~-;,--.,-,,c:c-·~
Linda L. Charnales, Supervising Attorney
Office Practice
MUcityatt/Linda/ZoneCases/ZC2585-A & CCDOC/ZC2585-A
January 13, 2003
Zone Case No. 2585-A
page-9 of9