HomeMy WebLinkAboutOrdinance - 2004-O0145 - Amending Zoning Ordinance: Case 3027; W.D. (Dub) And Corrie Benson Landmark - 12/07/2004First Reading
December 7, 2004
Item No. 31
ORDINANCE NO. 2004--00145 -------
Second Reading
December 16, 2004
ItemNo. 15
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE
OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 3027; A ZONING CHANGE FROM C-4 TO C-4 DH
ON LOTS 5-7, BLOCK 178, ORIGINAL TOWN LUBBOCK, LUBBOCK, TEXAS;
DESIGNATING A LANDMARK THEREON; PROVIDING A PENALTY;
PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION.
WHEREAS, the house, built around 1910, was originally owned by W.D. (Dub)
and Corrie Benson, and Mr. Benson was an early Lubbock attorney and prominent town
booster; and
WHEREAS, it is one of the few remaining examples of Victorian or Queen Anne
Style in Lubbock, though the style was once widely used; 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
(Vernon, 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:
A change of zoning from C-4 to C-4 (DH) zoning district, under
provisions of Sections 39-39 and 29-25 of the Code of Ordinances of the
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City of Lubbock on Lots 5-7, Block 178, Original Town Lubbock, City of
Lubbock, Lubbock County, Texas, located at 1511 Avenue M 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:
Queen Anne or Folk Housing, as described in "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. Wooden exterior siding
2. Wooden door and window surrounds, porch posts and porch railing wall
3. Gable roof, decorative gable ends, and dormer
4. Bay windows
5. Shape, size and division of windows, including diamond pane side lights
SECTION 6. 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 identified as follows:
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~esldence, Lubbock, Texas·
Photograph 1. Historic Photograph c. 1915
Photograph 2. Front Fayade
Page3
Photograph 3. Side facade
Photograph 4. Side facade
Page4
Photograph 5. Side Elevation
Photograph 6. Front gable dormer
,I
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Photograph 7. Side gable details
Page6
Photograph 8:
Porch detail, including
columns
Photograph 9:
Porch detail, including
columns
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.
Page7
AND IT IS SO ORDERED.
Passed by the City Council on first reading this 7th day of Decmher, 2004.
Passed by the City Council on second reading this 16th day of Decmher. 2004.
~Jt;t .
r/MM.ARTIN,MAYORPROTEM
ATTEST:
~4C~Q ~ ~ Reb 7adarcia, City Secretary '---h
roco~7ENT:
~ S(:,l)",.__
APPROVED AS TO FORM:
. C <::::Y C:-~~-el_-•"·
Linda Chamales, Senior Attorney
Office Practice Section
LC: cityatt/Linda/ZC3027
November 23, 2004
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