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HomeMy WebLinkAboutOrdinance - 2020-O0038 - Amending Chapter 40 - Planned Development District - 03/10/2020 First Reading Second Reading February 25, 2020 March 10, 2020 Item No. 8.12 Item No. 7.12 ORDINANCE NO. 2020-00038 AN ORDINANCE AMENDING CHAPTER 40 "ZONING", ARTICLE 40.03 "DISTRICTS"OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK,TEXAS BY CLARIFYING CERTAIN TERMS IN DIVISION 29, PLANNED DEVELOPMENT DISTRICT ("PD") ZONING DISTRICT; PROVIDING A PENALTY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A CONSISTENCY IN APPLICATIONS CLAUSE; PROVIDING FOR PUBLICATION, AND PROVIDING AN EFFECTIVE DATE. WHEREAS,the City Council of the City of Lubbock adopted Ordinance 2019-00154 on October 22, 2019 creating the Planned Development District; and WHEREAS,since the creation of said ordinance, staff determined certain terms need clarification through this ordinance amendment; and WHEREAS, the Planning & Zoning Commission of the City of Lubbock, Texas (the "Commission"), during its meeting on February 6, 2020 heard the proposed changes in zoning as hereinafter made and were duly presented to the Planning and Zoning Commission for its recommendation,with the Commission recommending approval of the proposed changes in zones; and WHEREAS,the Commission recommends approval of the proposed change to Chapter 40 of the City of Lubbock Code of Ordinances regarding planned development districts; and WHEREAS the City Council of the City of Lubbock finds and determines that it is in the best interest of the health, safety, and welfare of the citizens of the City of Lubbock to amend Chapter 40 of the Code of Ordinances; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1, THAT the Code of Ordinances, City of Lubbock, Texas, Section 40.03.3226(d) is hereby s as follows: Section 40.03.3226 Definitions (d) Base Zoning District(s): The zoning district classification that most closely aligns with the proposed uses within the PD Development in accordance with the adopted Comprehensive Plan and Chapter 40 of the Lubbock Code of Ordinances. A base zoning district(s) shall be identified for the entirety of,or each portion of,a PD development and articulated within the PD development ordinance and on the Concept and Detailed Plans for purposes of controlling development regulations and uses not otherwise modified by the PD development ordinance. SECTION 2. THAT the Code of Ordinances, City of Lubbock, Texas, Sections 40.03.3230(a)- (c)&(f) are hereby amended as follows: 1 r Section 40.03.3230—Review and approval procedures (a) Review process 1. Concept Plan Submission Contents A Concept Plan may be submitted by any person or entity owning or controlling land that is eligible for consideration as a PD development in accordance with this section 40.03.3230 (A). A request for Concept Plan approval for a PD Development is a request for rezoning and shall be required to adhere to the procedures set forth in Article 40.01.005 except as modified herein. The Concept Plan submittal shall include an application for a zone change, as well as the following: (A) A written statement explaining the proposed uses, building and site improvements, phasing plans, and resulting open spaces, landscaped areas, floor area and parking. The written statement shall include a statement of reasons that a PD is preferred over conventional zoning, and identification of the benefits to the City of Lubbock and its residents resulting from the PD development project. (B) Concept Plan drawings, as defined and described in Section 40.03.3226 (b), containing enough detail to explain the proposed uses, relationship to adjoining parcels, vehicular and pedestrian circulation patterns, open spaces and landscape areas, and building density or intensity. (C) A plan of streets through and along the perimeter of the site, which shall be in accordance with the City's approved Thoroughfare Plan. (D) Additional maps and documents as necessary to adequately describe the project. (E) A listing of proposed variations, deviations and/or exceptions to the use and design standards applicable to the base zoning district, as well as any other applicable requirement, and an explanation as to how each such proposal will benefit the project pursuant to the purpose and intent of the PD regulations as set forth in Section 40.03.3225. (b) Concept Plan Submission Review by the Planning and Zoning Commission If the application is found to be complete by the Director of Planning, the application shall be transmitted to the Planning and Zoning Commission for review and recommendation to the City Council. Before making a recommendation, the Planning and Zoning Commission shall hold a public hearing. After the public hearing, the Planning and Zoning Commission shall review the proposal. In conducting its review, the Planning and Zoning Commission may seek information, analysis and advice from the City staff, as necessary. The Planning Commission shall then report its findings and make its recommendations to the City Council. (c) Concept Plan Submission Review by the City Council 2 �e Upon receipt of the report and recommendation from the Planning and Zoning Commission, the City Council shall hold a public hearing. After the public hearing, the City Council shall review all findings and take action to approve, approve with conditions, or deny the Concept Plan, and shall set forth the reasons for their action in writing. A determination that a proposal qualifies for PD development Concept Plan approval shall be accompanied by a description of the minimum conditions under which the proposal will be considered for final Detail Plan approval. In describing such conditions, the City Council may identify specific requirements or standards in the Zoning Ordinance that could be waived or modified upon approval of the final PD development Detail Plan, and under what conditions. A determination of Qualification and Concept Plan Approval does not assure approval of a particular PD Detail Plan, but is intended to provide direction for preparation of the Detail Plan upon which a final determination would be based. If the City Council denies the Concept Plan, the applicant may pursue development or use of the site under conventional zoning standards, or may submit a new design based upon a revised Concept Pian. (f) Request for Final Approval Following approval of a Concept Plan by the City Council, final approval may be sought by submittal of the following materials: 1. PD Detail Plan Submission An application and Detail Plan (as defined in Section 40.03.3226 (c)) shall be submitted to the Director of Planning to initiate review and action by the City staff. The Detail Plan shall contain all of the information required for site plans, and any other documentation necessary to demonstrate that the Detail Plan complies with all the conditions upon which approval of the Concept Plan was based. 2. Administrative Review (A) The Director of Planning shall coordinate an interdepartmental review of the proposed Detail Plan and determine whether the proposal satisfies the qualification criteria, the site plan submittal requirements and the minimum conditions of approval of the Concept Plan, as well as the following: (1) The Detail Plan is in substantial compliance with the approved Concept Plan. (2) All applicable provisions of this Article and Ordinance will be met. Insofar as any provisions of this Article are in conflict with the provisions of any other section of this Ordinance, the provisions of this Article shall apply to the lands within the boundaries of the proposed PD development project. (3)There is, or will be at the time of development, sewer, water, and an adequate means of managing storm water flow, and achieving a safe and adequate road system. ! 3 o� i (4) Upon making these determinations,the Director of Planning shall approve the Detail Plan. (5) Where the Director of Planning determines that the Detail Plan is not in substantial compliance with the (1)-(3) above, the Director shall disapprove the Detail Plan, setting forth the reasons therefore in writing. (B) Administrative approval of a PD Detail Plan shall be final, unless the Detail Plan proposes significant alterations to the intent and conditions of the Concept Plan approval, in which case reconsideration of the Concept Plan by the Planning and Zoning Commission and City Council shall be required, pursuant to Section 40.01.005. If such reconsideration is required, then the Director of Planning shall delay taking action on the Detail Plan until the Planning and Zoning Commission reconsiders and acts on the revised Concept Plan. Where such action is necessary, any fees necessary for processing the request shall again be due and payable in the same manner and in the same amount as the original request. Notwithstanding the forgoing, the Director of Planning is authorized to require that any proposed Detail Plan be submitted to the City Council for a determination as to whether such plan conforms to the intent of the original Concept Plan approval. SECTION 3. THAT, violation of any provision of this Ordinance, including an approved PD Concept or Detail Plan, shall be deemed a misdemeanor punishable by 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 4. THAT should any paragraph, section, sentence, phrase, clause 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 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 could 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 6. THAT the City Secretary of the City of Lubbock is hereby authorized and directed to cause publication of the descriptive caption of this Ordinance as an alternative method provided by law. 4 0 SECTION 7.THAT this Ordinance shall become effective, except as may otherwise be provided herein, from and after its publication as provided by law. AND IT IS SO ORDERED. Passed by the City Council on first reading on February 25„ ,2020. Passed by the City Council on second reading on March 10 ,2020. DANIEL M. POPE, MAYOR ATTEST: Reb ca Garza, City Sec tary APPROVED AS TO CONTENT: B-r-y7a7AsbaW,Xrector of Planning APPROVED AS TO FORM: elli Leisure, Xssistant City Attorney Ord,Amend.PDD Clarifications 12-16.19 5