Loading...
HomeMy WebLinkAboutOrdinance - 2020-O0012 - Amending Chapter 40 - Contextual Setbacks - 02/11/2020 First Reading Second Reading January 28,2020 February 11, 2020 Item No. 7.2 Item No. 8.8 ORDINANCE NO. 2020-00012 AN ORDINANCE AMENDING CHAPTER 40 "ZONING" OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, BY AMENDING THE YARD REQUIREMENTS FOR THE R-1 SINGLE FAMILY, R-IA REDUCED SETBACK SINGLE-FAMILY, AND R-2 TWO-FAMILY ZONING DISTRICTS BY ADDING A PROVISION TO ALLOW FOR CONTEXTUAL SETBACKS ON INFILL DEVELOPMENT; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE; PROVIDING A CONSISTENCY IN APPLICATION CLAUSE, AND PROVIDING FOR PUBLICATION. WHEREAS, the Planning and Zoning Commission of the City of Lubbock, Texas (The "Commission"), during its meeting on January 02, 2020, heard a staff report to the Commission recommending amendments to the yard requirements provisions in the City of Lubbock Code of Ordinances (the "Code") to allow for contextual setbacks for infill development for the R-1, R- 1 A, and R-2 zoning Districts; and WHEREAS, under the current ordinances, a developer of an infill development project must go before the Zoning Board of Adjustment("ZBA")to request a variance from setback requirements in the Code to develop property in the same manner as adjacent, existing development with less restrictive setbacks; and WHEREAS,in order to streamline the development process and reduce caseload before the ZBA, the City's Planning staff recommended the changes below to the Code, and WHEREAS, the Commission found that it is in the best interest of the citizens of Lubbock to amend the yard requirements within the R-1, R-IA, and R-2 zoning districts within Chapter 40 of the Code and recommends that the City Council of the City of Lubbock, Texas (the "Council") amend Chapter 40 of the Code as amended below; and WHEREAS,the Council finds and determines that it is necessary and proper in the interest of the citizens of the City of Lubbock to amend Chapter 40 of the Code by amending the yard requirements within the R-1, R-IA, and R-2 zoning districts to allow for contextual setbacks for infill development, NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT Section 40.01.003(24) of the Code of Ordinances of the City of Lubbock, Texas is hereby amended to read as follows, by inserting the definition below as Section 40.01.003(24) and renumbering the remainder Section 40.01.003 accordingly: (24) Block face shall mean one side of a street between two connective features intersecting that street. The features can be other streets or boundaries of standard geographic areas (e.g. parkland, bulb of a cul-de-sac street, other right-of-way, etc.). SECTION 2. THAT the Code of Ordinances of the City of Lubbock,Texas, is hereby amended by adding a section,to be numbered Section 40.03.206(f), which said section reads as follows: (f) Residential Infill Compatibility (1) Applicability. These residential infill compatibility standards shall apply to any development of a new residential use or substantial renovation of an existing residential use that meets the following requirements: (A) Not a part of a planned development district(PDD); (B) Meets the applicability standards of this article; (C) Is proposed on a lot that is located on a block face where more than 50 percent of the lots are occupied by an existing single-family and/or two-family structure;and (D) Is served by existing streets. (2) Contextual Front Building Setbacks (A) Notwithstanding the minimum front setback requirements required above,the applicant may use a contextual front setback when existing front setbacks on the same block face are less than that required by the current underlying zoning. In such circumstance,a contextual front setback may be at a point between the required front setback and the front setback that exists on the closest, developed lots that are adjacent(to the left and right of the subject property)and oriented to the same street as the subject lot. If the subject lot is a corner lot,then the setback may fall at a point between the required setback and front setback that exists on the lot that is adjacent and oriented to the same street as the subject lot. (B) The contextual font setback provisions shall not be used to reduce the setback of a residential garage which is 25 feet on a typical street frontage and 20 feet on a cul-de-sac. (3) Appearance. Infill development shall be constructed to be generally compatible in appearance with other existing structures on the block that comply with this Code. This provision shall be satisfied by constructing the proposed building(s)so that at least three of the following features are substantially similar to the majority of other buildings on the same and facing block: (A) Roof pitch and overhang; (B) Shape,size,and alignment of windows and doors; (C) Front porches or porticos; (D) Exterior building color; or (E) Location and style of garage or carport. (4) Approval of a contextual setback(s) meeting the requirements of this section shall be at the discretion of the Director of Planning. (5) Any appeal to the decision of the Director of Planning under this section shall be heard before the Zoning Board of Adjustment. SECTION 3. THAT the Code of Ordinances of the City of Lubbock, Texas, is hereby amended by adding a section,to be numbered Section 40.03.256(b), which said section reads as follows: (b) Residential Infill Compatibility (1) Applicability. These residential infill compatibility standards shall apply to any development of a new residential use or substantial renovation of an existing residential use that meets the following requirements: (A) Not a part of a planned development district(PDD); (B) Meets the applicability standards of this article; (C) Is proposed on a lot that is located on a block face where more than 50 percent of the lots are occupied by an existing single-family and/or two-family structure; and (D) Is served by existing streets. (2) Contextual Front Building Setbacks (A) Notwithstanding the minimum front setback requirements required above, the applicant may use a contextual front setback when existing front setbacks on the same block face are less than that required by the current underlying zoning. In such circumstance, a contextual front setback may be at a point between the required front setback and the front setback that exists on the closest,developed lots that are adjacent(to the left and right of the subject property)and oriented to the same street as the subject lot. If the subject lot is a corner lot,then the setback may fall at a point between the required setback and front setback that exists on the lot that is adjacent and oriented to the same street as the subject lot. (B) The contextual font setback provisions shall not be used to reduce the setback of a residential garage which is 20 feet on a typical street frontage and 20 feet on a cul-de-sac. (3) Appearance. Infill development shall be constructed to be generally compatible in appearance with other existing structures on the block that comply with this Code.This provision shall be satisfied by constructing the proposed building(s)so that at least three of the following features are substantially similar to the majority of other buildings on the same and facing block: (A) Roof pitch and overhang; (B) Shape,size, and alignment of windows and doors; (C) Front porches or porticos; (D) Exterior building color;or (E) Location and style of garage or carport. (4) Approval of a contextual setback(s) meeting the requirements of this section shall be at the discretion of the Director of Planning. (5) Any appeal to the decision of the Director of Planning under this section shall be heard before the Zoning Board of Adjustment. SECTION 4. THAT the Code of Ordinances of the City of Lubbock,Texas, is hereby amended by adding a section,to be numbered Section 40.03.326(e), which said section reads as follows: (e) Residential Infill Compatibility (1) Applicability. These residential infill compatibility standards shall apply to any development of a new residential use or substantial renovation of an existing residential use that meets the following requirements: (A) Not a part of a planned development district(PDD); (B) Meets the applicability standards of this article; (C) is proposed on a lot that is located on a block face where more than 50 percent of the lots are occupied by an existing single-family and/or two-family structure; and (D) Is served by existing streets. (2) Contextual Front Building Setbacks (A) Notwithstanding the minimum front setback requirements required above, the applicant may use a contextual front setback when existing front setbacks on the same block face are less than that required by the current underlying zoning. In such circumstance, a contextual front setback may be at a point between the required front setback and the front setback that exists on the closest,developed lots that are adjacent(to the left and right of the subject property)and oriented to the same street as the subject lot. If the subject lot is a corner lot,then the setback may fall at a point between the required setback and.front setback that exists on the lot that is adjacent and oriented to the same street as the subject lot. (B) The contextual font setback provisions shall not be used to reduce the setback of a residential garage which is 20 feet on a typical street frontage and 20 feet on a cul-de-sac. (3) Appearance. Infill development shall be constructed to be generally compatible in appearance with other existing structures on the block that comply with this Code.This provision shall be satisfied by constructing the proposed building(s)so that at least three of the following features are substantially similar to the majority of other buildings on the same and facing block: (A) Roof pitch and overhang; (B) Shape,size, and alignment of windows and doors; (C) Front porches or porticos; (D) Exterior building color;or (E) Location and style of garage or carport. (4) Approval of a contextual setback(s) meeting the requirements of this section shall be at the discretion of the Director of Planning. (5) Any appeal to the decision of the Director of Planning under this section shall be heard before the Zoning Board of Adjustment. SECTION 5.THAT violation of any provision of this Ordinance shall be deemed a misdemeanor punishable by a fine not to exceed Two-Thousand and No/100 Dollars ($2,000.00)as provided in Section 40.01.006 of the Zoning Ordinance of the City of Lubbock. SECTION 6. THAT should any paragraph, section, 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 7. THAT the intent of this Ordinance is to apply consistent changes to any portion of the Code of Ordinances of the City of Lubbock that is or may be affected by the changes provided herein. This Ordinance is also intended to apply consistent changes to any Ordinance that has been approved by the City Council of the City of Lubbock that is or may be affected by the changes provided herein. If this Ordinance has omitted any portion of the Code of Ordinances or any other Ordinance that should otherwise be affected by the changes provided herein, such omission is inadvertent and unintentional, and, upon the effective date of this Ordinance, any such omitted portion of the Code of Ordinances or other Ordinance shall be interpreted in such a manner as to comply with the changes provided herein. SECTION 8. THAT the City Secretary of the City of Lubbock, Texas, is hereby authorized and directed to cause publication of the descriptive caption of this Ordinance as an alternative means of publication provided by law. AND IT IS SO ORDERED. Passed by the City Council on first reading this 28th day of ]anuary 12020. Passed by the City Council on second reading this 11th day of February ,2020. DANIEL M. POPE, MAYOR ATTEST: Retie•ca Garza, City Secrery APPROVED AS TO CONTENT: Bryan Isham, Director of Planning APPROVED AS TO FORM: Kelli Leisure, Assistant City Attorney cedoes//Ord.Amend.Co n textual Setbacks 12.19.19