HomeMy WebLinkAboutOrdinance - 2013-O0003 - Zone Case 3197 - 01/31/2013First Reading
January 10, 2013
Item No. 6.3
Second Reading
January 31, 2013
Item No. 5.22
ORDINANCE NO. 2013-00003
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 3197; A ZONING CHANGE FROM R-1 TO R-1
DESIGN HISTORICAL ZONING DISTRICT ON THE EAST 40 FEET OF LOT 17
AND LOT 18, BLOCK 46, OVERTON ADDITION, LUBBOCK, TEXAS;
PROVIDING A PENALTY; SUBJECT TO CONDITIONS; PROVIDING A SAVINGS
CLAUSE AND PROVIDING FOR PUBLICATION.
WHEREAS, the proposed landmark designation as hereinafter made has been
duly presented to the Urban Design and Historic Preservation Commission and such
Commission, after public hearing, has made its recommendation in favor of such
designation to the Planning and Zoning Commission; and
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 40.01.005 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; and
WHEREAS, the Atkins House was built in 1937 at 2014 17" Street; and
WHEREAS, the house was built for William B. Atkins, who was the manager of
Higginbotham -Bartlett Lumber Company and Lubbock Sash and Door Company, as well
as V.P. of T.R. Prideaux Lubbock and Supply Company; and
WHEREAS, the house was remodeled (exterior) with an addition in 1952 under
the lead of architect Sam L. Kelisky; and
WHEREAS, the owner has consented to the proposed historic landmark
designation pursuant to Section 40.03.3219(a) of the Code of Ordinances, as evidenced
by the letter attached hereto as Exhibit "A".
THEREFORE:
E IT ORDAINED BY TI-Il CITY COUNCIL OF THE CITY 01- LUBBOCK:
ZONE CASE NO.3197
SECTION 1. THAT Ordinance No. 7084 and the Official Zoning Map are
4 as follows:
A change of zoning under the provisions of Sections 40.01.005 and 40.03. 3214 of'
the Code of Ordinances of the City of Lubbock from R-1 to R-1 Design
Historical zoning district on the east 40 feet of Lot 17 and Lot 18, Block 46,
Overton Addition, City of Lubbock, Lubbock County, Texas located at 2014 17",
Street, subject to conditions and being further described as follows:
SUBJECT TO THE FOLLOWING CONDITIONS:
1. THAT the ornamental iron columns on the porch are to remain on the
structure and be preserved in their present form;
2. THAT the single color brick is not to be painted and is to remain the
same;
3. THAT the brick details above all windows are to remain on the
structure and be preserved in their present form.
SECTION 2. THAT any new buildings or structures within this historic
dmark district shall be architecturally compatible with the historic landmark structure
rein, in terms of style, color, materials, texture, and basic form as found in the
lowing style:
Georgian Revival as described in the booklet, "Architecture in Lubbock: A
Guide for Identification and Preservation," First Edition, 1979.
SECTION 3. THAT incorporated by reference into this Ordinance, and by
attaching hereto, are photographs of the building as it presently appears. Said
photographs shall be used to indicate the degree of alteration which has already occurred
and the degree of preservation of the original structure. These photographs shall be
further described in Exhibit "B" attached hereto.
SECTION 4. 'THAT violation of any provisions 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
c)f Lubbock.
Zone Case No.3197
page - 2 r#f 3
SECTION 5. 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 G. 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 on January 10, 2013
Passed by the City Council on second reading on January 31,_2013
GLEN QAZUBER11SON, MAYO12
'I'TF ST:
APPROVED AS TO CONTENT:
S OY —
andy Benson, ' actor of Planning
APPROVED AS TO FORM:
'Chad Weaver
I11
ssistant CityAttorney
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Zane Cave Na.3197
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