HomeMy WebLinkAboutOrdinance - 2004-O0142 - Amending Zoning Ordinance Making Changes: Case 2879-A, Overton - 12/07/2004First Reading
December 7, 2004
Item No. 27
ORDINANCE NO. 2004-00142
Second Reading
December 16, 2004
Item No. 12
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 2879-A; A ZONING CHANGE FROM R-2 TO R-2 DH
ON LOT 6 AND SOUTH ONE-HALF OF LOT 5, BLOCK 104, OVERTON
ADDITION, LUBBOCK, TEXAS; DESIGNATING A LANDMARK THEREON;
PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING
FOR PUBLICATION.
WHEREAS, the house at 1704 A venue X, built in 1925, is an excellent example
of Georgian or English Colonial Revival architecture, a style not usually found in
Lubbock;and
WHEREAS, the original owner of the house, Sylvan Blum Haynes, was known as
the "Dean of West Texas Architects," responsible for the design of many outstanding
buildings in Lubbock and West Texas; 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 and consideration of the criteria for historic landmark
designation in Section 29-25(e) of the Code of Ordinances, 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 not
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 compiled with, including giving notices in
compliance with the notices provided by the Texas Local Government Code §211.007
(V emon, 1990), and notice was duly published in the Lubbock A valanche-Joumal 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 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:
SECTION 1. THAT Ordinance No. 7084 and the Official Zoning Map be and the
same are hereby amended as follows:
Page 1
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 Lot 6 and south one-half of Lot 5, Block 104, Overton
Addition, City of Lubbock, Lubbock County, Texas, located at 1704
A venue X 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 form as found in the following style:
English Colonial Revival, as described on page 17 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. Brick exterior wall surfaces,
2. Arrangement of windows and entry on east fayade, including divided light
windows,
3. Wooden trim around windows, doors and other openings, and wood soffit and
fascia,
4. Hipped roof with side gables,
5. Arched entry with paneled door, sidelights and leaded glass fanlight,
6. Lunette above entry,
7. Brick chimney,
8. Porte cochere, including brick columns.
SECTION 6. THAT IN CORPORA TED 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 identified as follows:
Page2
Photograph 1: Avenue X fayade, looking west southwest
Photograph 2: A venue X fayade, looking northwest
Page3
Photograph 3: Arched entryway with paneled door,
sidelights and fanlight
Photograph 4: Lunette
Page4
r,B.=. -'""'t· • ~ ,., .,
: ,.r-
Page 5
Photograph 5:
Entryway
Photograph 6:
Porte Cochere
and Columns
Photograph 7:
Brick Chimney
Page 6
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/100 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.
AND IT IS SO ORDERED.
Passed by the City Council on first reading this 7th day of 1Rcea1Jer , 2004.
Passed by the City Council on second reading this 16th day of1Rcea1Jer , 2004. <Jha:·
T6M MARTIN, MAYOR PRO TEM
ATTEST:
~ e, -~=<:= Rebecca Garza, City Secretary
APP~ A~ T~ TONTENT:
I~ ~v~
APPROVED AS TO FORM:
.·'-.,£c:;;Y ~/4~_,_.,~
Linda Chamales, Senior Attorney
Office Practice Section
LC: cityatt/Linda/ZC2879~A
November 23, 2004
Page7