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HomeMy WebLinkAboutOrdinance - 2005-O0048 - Amending Zoning Ordinance To Make Changes: Zone Case No. 2879-C - 04/28/2005First Reading April 28, 2005 Item32 ORDINANCE NO. 2005-0Qo&a Second Reading May 12,2005 Item No. 16 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING TilE FOLLOWING CHANGES: ZONE CASE NO. 2879-C; A ZONING CHANGE FROM R-2 TO R-2 DH ON THE WEST 33 FEET OF LOT 2 AND EAST 42 FEET OF LOT 3, BLOCK 79, OVERTON ADDITION, LUBBOCK, TEXAS; DESIGNATING A LANDMARK THEREON; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. WHEREAS, the home at 2305 18th Street was constructed in 1926 in the Overton Addition, the first large residential addition to Lubbock; and is part of the South Overton Residential Historic District which is listed on the National Register of Historic Places, and WHEREAS, the Spanish Eclectic or Spanish Colonial Revival style house is a fine example of the period revival styles popular in the 1920s and 1930s in Lubbock and across the nation, and WHEREAS, one of the owners of the home was Dr. Olan Key, one of the founders of St. Macy' s Hospital; and 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 or such designation to the Planning and Zoning Conunission; 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 it would be expedient and in the interest of the public health, safety and general welfare to so amend the Zoning Ordinance; and WHEREAS, all conditions precedent required by law for a valid amendment to the Zoning Ordinance have been fully complied with, including giving notices in compliance with 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, Tex.as, 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 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: Page 1 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT Ordinance No. 7084 and the Official Zoning Map be and the same are hereby amended as follows: A change of zoning from R-2 to R-2 (DH) zoning district, under provisions of Sections 39-39 and 29-25 of the Code of Ordinances of the City of Lubbock on the west 33 feet of Lot 2 and the east 42 feet of Lot 3, Block 79, Overton Addition, City of Lubbock, Lubbock County, Texas, located at 2305 18th Street and said property is hereby declared to be a historic landmark district, such historic designation to continue regardless of any change in the underlying zone district. SECTION 2. THAT the principal structure located thereon be and is hereby declared a historic landmark. SECTION 3. THAT no person or entity shall construct, reconstruct, alter, change, restore, remove or demolish any exterior architectural feature or landscape architectural feature of a designated historic landmark unless application be made to the Urban Design Commission for a certificate of appropriateness, and such a certificate is granted. SECTION 4. THAT any new buildings or structures within this historic landmark district shall be architecturally compatible with the historic landmark structure therein, in terms of style, color, materials, texture, and basic fonn as found in the following style: Spanish Colonial Revival, as described on page 19 of A Guide to Lubbock's Architectural Heritage, City of Lubbock, 1993. SECTION 5. THAT the following are declared to be exterior architectural features, and as such shall be preserved in their present form: 1. Stuccoed wall surfaces 2. Low pitched red clay tile roof and configuration of roofs 3. Arrangement of windows and entry, including divided light windows 4. Wooden trim around windows, doors and other openings, and wood soffit and fascia 5. Arched entry and windows 6. Battered walls at entry ways 7. Chimney and flanking deeply set windows, including stained glass windows 8. Balcony on rear section 9. Stuccoed fences and iron gates 10. Other stucco, wooden and tile features characteristic of Spanish Colonial Revival style. SECTION 6. THAT INCORPORATED BY REFERENCE INTO TillS 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 Page2 already occurred and the degree of preservation of the original structure. These photographs shall be further identified as follows: Photograph 1: 18th Street fa~de, looking south "''·· ·"'· ........ 1 .. """· .......... ./:!' ..... .:1 .. 1 .. -1-~ ............... t. ___ • ..,,£. Photograph 3: west fa9ade, looking south southeast Photograph 4: 18th Street f~e, looking southeast Page4 Photograph 5: original garage, as altered Photograph 6: stained glass window, east f~e Pages Photograph 7: 18th Street f~ade, looking southeast SECTION 7. 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 Dollars ($2,000.00) as provided in Section 29-31 of the Zoning Ordinance of the City of Lubbock. SECTION 8. 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 9. THAT the City Secretary is hereby authorized to cause publication of the descriptive caption of this Ordinance as an alternative method provided by law. Page6 AND IT IS SO ORDERED. Passed by the City Council on first reading this 28tbday of April ~ 2005. Passed by the City Council on second reading this 12th.. day of May , 2005. ATTEST: ~RQ&<-<<· ~ Rebecca Garza, City Secretary 0 APPROVED AS TO FORM: ....-r.---.J. K~~_L__ Linda Chamales, Senior Attorney Office Practice Section LC: <:ityatt1Linda/ZC2879-C April IS, 2005 ~ ./ltit:-· TO~, MAYOR PROTEM Page7