- ZONING MAP AMENDMENTS AND SPECIFIC VARIANCES
ORDINANCE NO. 493
AN ORDINANCE AMENDING EXISTING ZONING ORDINANCE NO. 445 AND RE-ZONING CERTAIN LOTS AND BLOCKS IN GILLIS THIRD ADDITION, THOMAS-TIERNEY-HIGGINS ADDITION, THOMAS AND DERRICK ADDITION, AND HANCOCK ADDITION, SOUTH OF THE RAILROAD, ALL BEING ADDITIONS TO THE CITY OF ALPINE, BREWSTER COUNTY, TEXAS, NOW THEREFORE:
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ALPINE:
That the Zoning Ordinance of the City of Alpine, being Ordinance No. 445, be amended to reflect the change from existing zoning to R-4 zoning of the following lots and blocks in the City of Alpine:
All of blocks 1, 2 and 3; lots 1, 2, 3, 4, 5, 6 and 7, block 4; lots 2, 3, 4, 5, 6, 7 and 8, block 5; all of blocks 6, 7, 8, 9, 10, 11, 12 and 13; lots 1, 2, 3 and 4, block 14; lots 1, 2, 3 and 4, block 15; all of blocks 16, 17, 18, 19 and 20; the east one-half (E½) of block 21; all of blocks 22 and 26, all being in Gillis Third Addition to the City of Alpine, Brewster County, Texas.
Lot 1, block 7; lots 4, 5 and 6, block 8; lots 4, 5 and 6, block 10, all being in Thomas-Tierney-Higgins Addition to the City of Alpine, Brewster County, Texas.
Lots 1, 2, 3, 4, 5, 7, 8, 9 and 10, block 31; all of blocks 32, 33, 34; lots 3, 4 and 5, block 35; all of blocks 36 and 37; lots 6, 7, 8, 9 and 10, block 38; all of blocks 40, 41, 42 and 43; lots 1, 3, 4, 5, 6, 7, 8, 9 and 10, block 46; lots 1, 2, 3, 4, 9 and 10, block 47; all of blocks 48, 49, 50 and 51; lots 1, 2, 3, 4, 5, 8, 9 and 10, block 52; all of blocks 53, 54, 55, 56, 57, 58, 59, 60, 61 and 62, all in Hancock Addition, south of the railroad to the City of Alpine, Brewster County, Texas.
All of blocks 5 and 6; lots 1, 2, 3, 6, 7, 8, 9 and 10, block 7; lots 1, 2, 9 and 10, block 8, all of blocks 9, 10 and 11; lots 1, 2, 3, 4, 5, 8, 9 and 10, block 12; all of blocks 14 and 15; lots 4, 5, 6, 7, 8, 9 and 10, block 16; all of block 17; lots 6, 7, 8, 9 and 10, block 18; all of blocks 19, 20, 24 and 25, all in Thomas and Derrick Addition to the City of Alpine, Brewster County, Texas.
All C-1, C-2 and R-3 zoning in each of the foregoing additions shall remain as presently zoned.
From and after the date this ordinance is first published in the Alpine Avalanche, the zoning requirements in each and all of the heretofore described areas of the City of Alpine shall be in full force and effect, and all zoning ordinance relating to the heretofore set out lots and blocks that are inconsistent with this ordinance, designating and zoning such lots and blocks as R-4, as that zone classification presently exists, being the Ordinance Number 491, which amended the R-4 requirements of the original zoning ordinance of the City of Alpine, and all use of any such properties shall conform to the zoning requirements of Ordinance Number 491.
Cross reference— For Ordinance No. 491, see article I of this appendix, § IV-A, "R-4"—Mobile home district.
All prerequisites of law, having been complied with, all notices, sent, public hearing held within the time, and in the manner required by law, this ordinance if [is] hereby declared the official zoning designation for the lots and blocks hereinbefore set out.
PASSED AND APPROVED on February 18, 1975.
ORDINANCE NO. 507
AN ORDINANCE CORRECTING THE OFFICIAL ZONING MAP OF THE CITY OF ALPINE, AS REVISED SEPTEMBER 10, 1968, TO REFLECT THE CORRECT INTENTION OF THE CITY OF ALPINE'S CITY COUNCIL IN APPROVING SUCH MAP AS SUCH APPLIES TO LOT 5, BLOCK 1, METTA HARMS ADDITION TO THE CITY OF ALPINE IN THAT SAID LOT 5 WAS ERRONEOUSLY ZONED R-2 (RESIDENTIAL) ON SAID MAP AND IS, AND HAS, SINCE MANY YEARS PRIOR TO THE FIRST ZONING ORDINANCE, BEEN A PART OF THE BUSINESS PROPERTY AND COMMERCIALLY ZONED (C-1) NORTH HALF OF BLOCK 2 OF SAID METTA HARMS ADDITION, KNOWN AS "WEST SIDE COURTS," WITH THE EAST END OF SAID COURTS BEING LOCATED THEREON DURING SUCH TIME, AND, APRICOT STREET, BETWEEN THE NORTH HALF OF SAID BLOCK 2 AND THE NORTH HALF OF SAID BLOCK 1 OF SAID ADDITION HAVING BEEN, MANY YEARS PREVIOUSLY, CONVEYED TO THE OWNERS OF THE NORTH HALF OF SAID BLOCK 2 AND OF LOTS 5 AND 6 OF THE SAID BLOCK 1, METTA HARMS ADDITION, BY THE CITY OF ALPINE, THE CITY COUNCIL ORDAINS THAT SAID OFFICIAL ZONING MAP BE CORRECTED TO SHOW C-1 ZONING FOR SAID LOT 5.
NOW, THEREFORE, be it ordained by the city council of the City of Alpine that:
WHEREAS, lot 5, block 1, Metta Harms Addition to the City of Alpine, being, and having been for many years previous to the existence of any zoning ordinance in the City of Alpine, a part of the property upon which the "West Side Courts," as commercial business, is, and during all of such time has been located, and
WHEREAS, the City of Alpine having heretofore closed that portion of Apricot Street between the said blocks 1 and 2 of said addition by its deed to the owners of said West Side Courts conveying such portion of Apricot Street, from West Avenue D to US Highway 90, to the owners of the property adjacent thereto, being the persons who owned the West Side Courts, and
WHEREAS, the said West side Courts, having been for many years located on said lots 5 and 6, block 1 of said addition, upon said deeded and closed portion of Apricot Street, and upon all of that portion of said block 2, Metta Harms Addition, lying between West Avenue D and US 90 West from said closed street to the juncture of said Avenue D and [US] Highway 90, and
WHEREAS, lot 6 of block 1 of said Metta Harms Addition, being zoned C-2, commercial, by such official zoning map and all of said block 2 of said addition being shown on such official map as zoned C-1, commercial, the city council of the City of Alpine here ordains that which should have been done and shown by such official zoning map as having been done at the time it was made,
NOW, THEREFORE, it is here by this ordinance, officially directed that from and after the date of the passage of this ordinance and zoning of C-1, be extended on such zoning map eastward from its present east boundary to include said lot 5, block 1, Metta Harms Addition to the City of Alpine and all such portion of West Avenue D lying north of said lot 5, the C-1 zoning line shall be extended eastward along the north side of said Avenue D to a point that is the southeast corner of lot 5, block 6, Metta Harms Orient Addition, and thence south, along the east line of said lot 5 to its southeast corner and its intersection with the north line of a C-2 zoned commercial area that includes lot 6 of Metta Harms Addition to the City of Alpine. Such intersection of the C-1 zoning line, as here corrected, with said C-2 zoning area being the northeast corner of lot 6 of said block 1, Metta Harms Addition. The city secretary is here ordered to correct such official zoning map of the City of Alpine to show such C-1 zoning as extended and corrected by this ordinance.
PASSED AND APPROVED by the city council of the City of Alpine in regular session, this 20th day of July, 1976.
RESOLUTION NO. 4052
Motion by Kennedy, Seconded by Tucker that:
Resolution No. 4052—the council approve the request of Mr. Edward Williams to rezone lots 11 and 12, block 28, Shipman, from R-2 to R-4 mobile home district. Discussion, motion carried unanimously, September 14, 1976.
RESOLUTION NO. 4054
Motion by Tucker, seconded by Dominguez that:
Resolution No. 4054—the council grant a variance permit to set-back regulations in this area to Mr. Leslie Whittington to construct a garage on his property, located on lots 7 and 8, Hamilton Addition to the City of Alpine, as per plans and specifications presented to the council. Discussion. Motion carried unanimously, September 14, 1976.
AN ORDINANCE RE-ZONING BLOCK 31, NORTH ADDITION TO THE CITY OF ALPINE, BREWSTER COUNTY, TEXAS FROM R-1 ZONING TO R-3 ZONING, CONDITIONED THAT RESTRICTIONS IN ITS USE UNDER R-3 ZONING BE PLACED OF RECORD IN THE DEED RECORDS OF BREWSTER COUNTY, TEXAS BY THE OWNERS, TO RUN WITH THE LAND, REQUIRING IT TO BE PROPERLY MAINTAINED; THAT NO MORE THAN 16 APARTMENTS BE BUILT, OR LOCATED THEREON, ACCORDING TO THE PLANS SUBMITTED TO THE ALPINE CITY COUNCIL ON APRIL 3, 1979 AT THE PUBLIC HEARING HELD FOR CONSIDERATION OF SUCH ZONING CHANGE: EFFECTIVE UPON PUBLICATION OF THIS CAPTION.
BE IT ORDAINED by the city council of the City of Alpine, Brewster County, Texas, that:
WHEREAS, on April 3, 1979, at a public hearing theretofore called and held in accordance with law before the city council of the City of Alpine to consider the applicants' request to change the zoning of block 31, north addition to the City of Alpine, from R-1 to R-3, the owners of said block, William L. Stavley, and his wife, Beverly B. Stavley, did submit plans for the construction of not more than 16 apartment units upon said block; being two two-story buildings, each containing not more than eight rental units, and such owners there agreed that no other housing units would be built thereon without the express permission of the city council, or that any change in use of said block would be restricted to the uses and purposes set out in said plans presented to the city council; that all parking for said apartment residences would be off-street; that the owners and their heirs and assigns would be required to keep the buildings and grounds maintained, and offered to place on record in the deed records of Brewster County, restrictions upon the use of such property, to run with the land, in consideration of the city's granting such zoning change; and
WHEREAS, the city council, after a full public hearing, tentatively agreed that if such restriction be placed of record, by the owners, to run with the land, so restricting the use of said block 31, North Addition, under R-3 zoning, that it would grant such conditional zoning change; and
WHEREAS, the owners of block 31, North Addition to the City of Alpine, having placed such restrictions of record in the manner specified by the Alpine city council, and such restrictions having been recorded in volume 215, page 233 of the deed records of Brewster County, Texas, and approved by the city council at its regular meeting on April 17, 1979, it is hereby ordained and decreed by the city council of the City of Alpine that block 31 of north addition to the City of Alpine, Brewster County, Texas, be and the same is hereby rezoned from R-1 to R-3 use, conditioned that the covenants of restriction, recorded as above shown, be followed and fully complied with by the present and all future owners of said block, or any part thereof; that any proved violation of such restricted use, as in such recorded document contained, by any future owner, shall cause this change of said block 31 zoning to R-3 to lapse and to revert to R-1 zoning, unless such use changes, or exceptions, are specifically granted to the owners' applying therefore to the city council of the City of Alpine, after public hearing had upon such application to the city council, duly filed by said owners. This ordinance authorized by Resolution No. 4685, PASSED AND APPROVED by the city council of the City of Alpine at its regular meeting held on April 17, 1979, at 4:00 p.m., in the city council meeting room at the city office building in Alpine, Texas.
PASSED AND APPROVED by the Alpine city council on the first day of May, 1979; to be effective upon its caption's publication.
ORDINANCE NO. 85-2-1
AN ORDINANCE CHANGING THE ZONING OF BLOCK 1, MEANS ADDITION TO THE CITY OF ALPINE, BREWSTER COUNTY, TEXAS FROM R-2 USE TO R-4 (MOBILE HOME) USE AND DEDICATING A 20-FOOT WIDE EAST-WEST ALLEYWAY THROUGH SAID BLOCK 1, MEANS ADDITION TO THE CITY OF ALPINE, BREWSTER COUNTY, TEXAS, ON PETITION OF JOE D. SILVA, OWNER OF SAID BLOCK 1, MEANS ADDITION.
WHEREAS, prior to November 22, 1983, Joe D. Silva, of 4044 East 37th Street, Odessa, Ector County, Texas, telephone number (915) 362-0453, formally petitioned the city council of the City of Alpine to rezone block 1, Means Addition to the City of Alpine, Brewster County, Texas, from R-2 zoning use to R-4 zoning use (mobile home) according to the Alpine City Code; and all public hearings, on site and in regular council meeting, having been set, held and considered by said city council and petitioner, at such public hearing held on November 22, 1983, having offered to dedicate a 20-foot wide east-west alleyway through such block to align with other alleyways in such area and addition if the city would rezone the use of such block as R-4, which dedication offer by Mr. Silva was considered by the city council of the City of Alpine in open meeting and on motion made by Councilman Dyke, seconded and passed unanimously by the city council on November 22, 1983, as Resolution No. 83-11-93, to wit:
"Resolution No. 83-11-93, block 1, Means Addition to be rezoned to R-4 conditioned upon a 20-foot alley being dedicated to the city by Mr. Robert Silva,"
said motion having been so made, seconded and passed as aforesaid.
Be it ordained by the city council of the City of Alpine that block 1, Means Addition to the City of Alpine be zoned R-4 from and after the receipt by the City of Alpine City Secretary [of] the dedication to the City of Alpine of a 20-foot wide alleyway east to west through the center of said block.
PASSED AND APPROVED by the city council, City of Alpine, on the fourth day of February, 1985, by authority of Resolution No. 83-11-93.
ORDINANCE NO. 86-9-2
AN ORDINANCE REZONING, FROM R-2 TO R-4, AN 0.69 ACRE TRACT OF LAND, BEING THE EAST ONE-HALF (E/2) OF THE EAST ONE-HALF (E/2) OR THE EAST ONE-FOURTH (E/4) OF A 2.86 ACRE TRACT OUT OF MEANS ADDITION TO THE CITY OF ALPINE, LYING NORTH OF WEST MURPHY STREET AND SOUTH OF THE SOUTHERN PACIFIC RAILROAD RIGHT-OF-WAY, NORTH OF BLOCKS, OR TRACTS, 1, 8, AND A PART OF 9, OF SAID MEANS ADDITION TO THE CITY OF ALPINE, BREWSTER COUNTY, TEXAS, BEING 73 FEET IN WIDTH NORTH TO SOUTH AND 416 FEET IN LENGTH, EAST TO WEST, AFTER ALL REQUIRED NOTICES SENT, PUBLIC HEARINGS HELD, CITIZENS COMMENTS CONSIDERED, INCLUDING RECOMMENDATION OF THE ALPINE PLANNING AND ZONING COMMISSION THAT SUCH REZONING BE APPROVED; THE CITY COUNCIL OF THE CITY OF ALPINE, AT ITS REGULAR MEETING HELD ON SEPTEMBER 9, 1986, IN COUNCIL CHAMBERS, CITY OFFICE BUILDING, [CITY OF] ALPINE, TEXAS, AFTER CAREFUL CONSIDERATION, DELIBERATION AND ON MOTION MADE, SECONDED AND PASSED BY THE CITY COUNCIL, APPROVED SUCH REQUESTED ZONING CHANGE. NOW THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ALPINE:
THAT MANUEL NATERA, OWNER, having made application [to] the City of Alpine to rezone, from R-2 to R-4 zoning, a strip of land 73 feet wide; north to south, and 416 feet in length, east to west, being the east one-half (E/2) of the east one-half (E/2) or east one-fourth (E/4) of a strip of land, containing 2.86 acres of land, the portion thereof for which rezoning has applied for being the east 0.69 of an acre, which 0.69 acre strip of land lies north of West Murphy Street and south of the Southern Pacific Railroad right-of-way and extends west 416 feet from the east section line of said survey 43, block 9, GH & SA Ry. Co. All fees for notices having been paid and such notices sent to those, by law, required to be notified of such public hearing, and such public hearing notice also having been posted as an agenda item more than 72 hours prior to council's meeting on September 9, 1986, the city council, having received, heard and considered public citizens' input at such hearing, having noted that the Alpine planning and zoning commission had recommended approval by the city council for such applied for zoning change, following council deliberation and full consideration of the effect of such zoning change, upon motion made and seconded, the city council, City of Alpine, voted to change the zoning of such 0.69 acre tract, hereinbefore described, from R-2 to R-4 zoning, and it was so ordered that such zoning change be made on the official map of the City of Alpine.
PASSED AND APPROVED by the city council, City of Alpine, at its regular meeting held at 7:00 p.m., September 9, 1986, in council chambers, city office building, City of Alpine.
ORDINANCE 2011-01-01
AN ORDINANCE AMENDING THE ZONING ORDINANCE ARTICLE II OF THE ZONING MAP TO INCLUDE A HISTORICAL OVERLAY DESIGNATION ON CERTAIN AREAS OF TOWN AND PROVIDING CRITERIA FOR THE DESIGNATION AND DESIGNATING THE PLANNING AND ZONING COMMISSION AS AN ADVISORY BOARD TO REVIEW THE CRITERIA.
WHEREAS, the City Council of the City of Alpine has determined that a "Historical District" be created to preserve the integrity of the homes and businesses that are landmarks and enhance the city's culture, and
WHEREAS, the creation of the district will enhance, will protect the historic landmarks, will safeguard the city's historic and cultural heritage, will stabilize and improve property values, will foster civic pride and beauty, and will protect and enhance the city's attractions to tourists and visitors to our community, and
WHEREAS, the Planning and Zoning Commission has studied and reviewed standards for the administration of the "Historic Overlay District" for the enhancement and protection of the district for preservation of its landmarks.
Now, therefore, be ordained by the City Council of the City of Alpine, Texas that the following District, Criteria, and Advisory Board be adopted:
1.
That an Overlay District be established that would include the area west of Loop Road (State Hwy 223) that being the east boundary, the area south of Brown Street that being the north boundary, the area east of South Orient Railroad right-of-way that being the west boundary and Sul Ross Avenue being the south boundary. The area south of Sul Ross Avenue that being the north boundary of the commercial area, the area east of 15th Street being the west boundary on the commercial and residential area along Avenue E and Holland and then the area east of 7th street that being the west boundary on the south commercial area up to "A" Mountain, the area north of "A" Mountain would be the south boundary and the west boundary would be Neville Haynes street and connecting to the Loop Road.
2.
That an Advisory Board (Planning and Zoning Commission) be appointed to review plans, specifications, and criteria to meet historical preservation standards.
3.
That the following criteria be adopted:
(A)
Buildings must be built on site and a solid foundation or approved building foundation as set by the advisory board.
(B)
Building must have an outside aesthetic cover that is compatible to the buildings within the historical district; examples are adobe, stucco, rock, wood and brick.
(C)
Metal buildings must have an exterior finish that is compatible to the historical buildings within the Historical District.
(D)
Industrialized homes in Residential Zoning District shall meet all the requirements of the district in which the industrialized home is located.
(E)
Have a value equal to or greater than the median taxable value for each single-family dwelling located within five hundred feet (500') of the lot on which the industrialized housing is proposed to be located as determined by the most recent certified tax appraisal for Brewster County.
(F)
Have exterior siding, roofing pitch, foundation fascia, and fenestration compatible with any single-family dwelling located within five hundred feet (500') of the lot on which the industrialized housing is proposed to be located.
(G)
Comply with aesthetic standards, building setbacks, side and rear yard offsets, subdivision standards, architectural landscaping, square footage, and other site requirements applicable to single-family dwellings in the zoning district in which the industrialized home is located.
(H)
Be securely affixed to a permanent foundation.
4.
All signs and billboards within the Historical District must be approved by the Planning and Zoning Commission before a building permit is issued. the Building Official will prepare the documentation and present it to the Commission. he shall bring the drawings and specs of each individual sign or billboard.
Passed by a two-thirds majority of the City Council of the City of Alpine, Texas on February 15th, 2011.
- ZONING MAP AMENDMENTS AND SPECIFIC VARIANCES
ORDINANCE NO. 493
AN ORDINANCE AMENDING EXISTING ZONING ORDINANCE NO. 445 AND RE-ZONING CERTAIN LOTS AND BLOCKS IN GILLIS THIRD ADDITION, THOMAS-TIERNEY-HIGGINS ADDITION, THOMAS AND DERRICK ADDITION, AND HANCOCK ADDITION, SOUTH OF THE RAILROAD, ALL BEING ADDITIONS TO THE CITY OF ALPINE, BREWSTER COUNTY, TEXAS, NOW THEREFORE:
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ALPINE:
That the Zoning Ordinance of the City of Alpine, being Ordinance No. 445, be amended to reflect the change from existing zoning to R-4 zoning of the following lots and blocks in the City of Alpine:
All of blocks 1, 2 and 3; lots 1, 2, 3, 4, 5, 6 and 7, block 4; lots 2, 3, 4, 5, 6, 7 and 8, block 5; all of blocks 6, 7, 8, 9, 10, 11, 12 and 13; lots 1, 2, 3 and 4, block 14; lots 1, 2, 3 and 4, block 15; all of blocks 16, 17, 18, 19 and 20; the east one-half (E½) of block 21; all of blocks 22 and 26, all being in Gillis Third Addition to the City of Alpine, Brewster County, Texas.
Lot 1, block 7; lots 4, 5 and 6, block 8; lots 4, 5 and 6, block 10, all being in Thomas-Tierney-Higgins Addition to the City of Alpine, Brewster County, Texas.
Lots 1, 2, 3, 4, 5, 7, 8, 9 and 10, block 31; all of blocks 32, 33, 34; lots 3, 4 and 5, block 35; all of blocks 36 and 37; lots 6, 7, 8, 9 and 10, block 38; all of blocks 40, 41, 42 and 43; lots 1, 3, 4, 5, 6, 7, 8, 9 and 10, block 46; lots 1, 2, 3, 4, 9 and 10, block 47; all of blocks 48, 49, 50 and 51; lots 1, 2, 3, 4, 5, 8, 9 and 10, block 52; all of blocks 53, 54, 55, 56, 57, 58, 59, 60, 61 and 62, all in Hancock Addition, south of the railroad to the City of Alpine, Brewster County, Texas.
All of blocks 5 and 6; lots 1, 2, 3, 6, 7, 8, 9 and 10, block 7; lots 1, 2, 9 and 10, block 8, all of blocks 9, 10 and 11; lots 1, 2, 3, 4, 5, 8, 9 and 10, block 12; all of blocks 14 and 15; lots 4, 5, 6, 7, 8, 9 and 10, block 16; all of block 17; lots 6, 7, 8, 9 and 10, block 18; all of blocks 19, 20, 24 and 25, all in Thomas and Derrick Addition to the City of Alpine, Brewster County, Texas.
All C-1, C-2 and R-3 zoning in each of the foregoing additions shall remain as presently zoned.
From and after the date this ordinance is first published in the Alpine Avalanche, the zoning requirements in each and all of the heretofore described areas of the City of Alpine shall be in full force and effect, and all zoning ordinance relating to the heretofore set out lots and blocks that are inconsistent with this ordinance, designating and zoning such lots and blocks as R-4, as that zone classification presently exists, being the Ordinance Number 491, which amended the R-4 requirements of the original zoning ordinance of the City of Alpine, and all use of any such properties shall conform to the zoning requirements of Ordinance Number 491.
Cross reference— For Ordinance No. 491, see article I of this appendix, § IV-A, "R-4"—Mobile home district.
All prerequisites of law, having been complied with, all notices, sent, public hearing held within the time, and in the manner required by law, this ordinance if [is] hereby declared the official zoning designation for the lots and blocks hereinbefore set out.
PASSED AND APPROVED on February 18, 1975.
ORDINANCE NO. 507
AN ORDINANCE CORRECTING THE OFFICIAL ZONING MAP OF THE CITY OF ALPINE, AS REVISED SEPTEMBER 10, 1968, TO REFLECT THE CORRECT INTENTION OF THE CITY OF ALPINE'S CITY COUNCIL IN APPROVING SUCH MAP AS SUCH APPLIES TO LOT 5, BLOCK 1, METTA HARMS ADDITION TO THE CITY OF ALPINE IN THAT SAID LOT 5 WAS ERRONEOUSLY ZONED R-2 (RESIDENTIAL) ON SAID MAP AND IS, AND HAS, SINCE MANY YEARS PRIOR TO THE FIRST ZONING ORDINANCE, BEEN A PART OF THE BUSINESS PROPERTY AND COMMERCIALLY ZONED (C-1) NORTH HALF OF BLOCK 2 OF SAID METTA HARMS ADDITION, KNOWN AS "WEST SIDE COURTS," WITH THE EAST END OF SAID COURTS BEING LOCATED THEREON DURING SUCH TIME, AND, APRICOT STREET, BETWEEN THE NORTH HALF OF SAID BLOCK 2 AND THE NORTH HALF OF SAID BLOCK 1 OF SAID ADDITION HAVING BEEN, MANY YEARS PREVIOUSLY, CONVEYED TO THE OWNERS OF THE NORTH HALF OF SAID BLOCK 2 AND OF LOTS 5 AND 6 OF THE SAID BLOCK 1, METTA HARMS ADDITION, BY THE CITY OF ALPINE, THE CITY COUNCIL ORDAINS THAT SAID OFFICIAL ZONING MAP BE CORRECTED TO SHOW C-1 ZONING FOR SAID LOT 5.
NOW, THEREFORE, be it ordained by the city council of the City of Alpine that:
WHEREAS, lot 5, block 1, Metta Harms Addition to the City of Alpine, being, and having been for many years previous to the existence of any zoning ordinance in the City of Alpine, a part of the property upon which the "West Side Courts," as commercial business, is, and during all of such time has been located, and
WHEREAS, the City of Alpine having heretofore closed that portion of Apricot Street between the said blocks 1 and 2 of said addition by its deed to the owners of said West Side Courts conveying such portion of Apricot Street, from West Avenue D to US Highway 90, to the owners of the property adjacent thereto, being the persons who owned the West Side Courts, and
WHEREAS, the said West side Courts, having been for many years located on said lots 5 and 6, block 1 of said addition, upon said deeded and closed portion of Apricot Street, and upon all of that portion of said block 2, Metta Harms Addition, lying between West Avenue D and US 90 West from said closed street to the juncture of said Avenue D and [US] Highway 90, and
WHEREAS, lot 6 of block 1 of said Metta Harms Addition, being zoned C-2, commercial, by such official zoning map and all of said block 2 of said addition being shown on such official map as zoned C-1, commercial, the city council of the City of Alpine here ordains that which should have been done and shown by such official zoning map as having been done at the time it was made,
NOW, THEREFORE, it is here by this ordinance, officially directed that from and after the date of the passage of this ordinance and zoning of C-1, be extended on such zoning map eastward from its present east boundary to include said lot 5, block 1, Metta Harms Addition to the City of Alpine and all such portion of West Avenue D lying north of said lot 5, the C-1 zoning line shall be extended eastward along the north side of said Avenue D to a point that is the southeast corner of lot 5, block 6, Metta Harms Orient Addition, and thence south, along the east line of said lot 5 to its southeast corner and its intersection with the north line of a C-2 zoned commercial area that includes lot 6 of Metta Harms Addition to the City of Alpine. Such intersection of the C-1 zoning line, as here corrected, with said C-2 zoning area being the northeast corner of lot 6 of said block 1, Metta Harms Addition. The city secretary is here ordered to correct such official zoning map of the City of Alpine to show such C-1 zoning as extended and corrected by this ordinance.
PASSED AND APPROVED by the city council of the City of Alpine in regular session, this 20th day of July, 1976.
RESOLUTION NO. 4052
Motion by Kennedy, Seconded by Tucker that:
Resolution No. 4052—the council approve the request of Mr. Edward Williams to rezone lots 11 and 12, block 28, Shipman, from R-2 to R-4 mobile home district. Discussion, motion carried unanimously, September 14, 1976.
RESOLUTION NO. 4054
Motion by Tucker, seconded by Dominguez that:
Resolution No. 4054—the council grant a variance permit to set-back regulations in this area to Mr. Leslie Whittington to construct a garage on his property, located on lots 7 and 8, Hamilton Addition to the City of Alpine, as per plans and specifications presented to the council. Discussion. Motion carried unanimously, September 14, 1976.
AN ORDINANCE RE-ZONING BLOCK 31, NORTH ADDITION TO THE CITY OF ALPINE, BREWSTER COUNTY, TEXAS FROM R-1 ZONING TO R-3 ZONING, CONDITIONED THAT RESTRICTIONS IN ITS USE UNDER R-3 ZONING BE PLACED OF RECORD IN THE DEED RECORDS OF BREWSTER COUNTY, TEXAS BY THE OWNERS, TO RUN WITH THE LAND, REQUIRING IT TO BE PROPERLY MAINTAINED; THAT NO MORE THAN 16 APARTMENTS BE BUILT, OR LOCATED THEREON, ACCORDING TO THE PLANS SUBMITTED TO THE ALPINE CITY COUNCIL ON APRIL 3, 1979 AT THE PUBLIC HEARING HELD FOR CONSIDERATION OF SUCH ZONING CHANGE: EFFECTIVE UPON PUBLICATION OF THIS CAPTION.
BE IT ORDAINED by the city council of the City of Alpine, Brewster County, Texas, that:
WHEREAS, on April 3, 1979, at a public hearing theretofore called and held in accordance with law before the city council of the City of Alpine to consider the applicants' request to change the zoning of block 31, north addition to the City of Alpine, from R-1 to R-3, the owners of said block, William L. Stavley, and his wife, Beverly B. Stavley, did submit plans for the construction of not more than 16 apartment units upon said block; being two two-story buildings, each containing not more than eight rental units, and such owners there agreed that no other housing units would be built thereon without the express permission of the city council, or that any change in use of said block would be restricted to the uses and purposes set out in said plans presented to the city council; that all parking for said apartment residences would be off-street; that the owners and their heirs and assigns would be required to keep the buildings and grounds maintained, and offered to place on record in the deed records of Brewster County, restrictions upon the use of such property, to run with the land, in consideration of the city's granting such zoning change; and
WHEREAS, the city council, after a full public hearing, tentatively agreed that if such restriction be placed of record, by the owners, to run with the land, so restricting the use of said block 31, North Addition, under R-3 zoning, that it would grant such conditional zoning change; and
WHEREAS, the owners of block 31, North Addition to the City of Alpine, having placed such restrictions of record in the manner specified by the Alpine city council, and such restrictions having been recorded in volume 215, page 233 of the deed records of Brewster County, Texas, and approved by the city council at its regular meeting on April 17, 1979, it is hereby ordained and decreed by the city council of the City of Alpine that block 31 of north addition to the City of Alpine, Brewster County, Texas, be and the same is hereby rezoned from R-1 to R-3 use, conditioned that the covenants of restriction, recorded as above shown, be followed and fully complied with by the present and all future owners of said block, or any part thereof; that any proved violation of such restricted use, as in such recorded document contained, by any future owner, shall cause this change of said block 31 zoning to R-3 to lapse and to revert to R-1 zoning, unless such use changes, or exceptions, are specifically granted to the owners' applying therefore to the city council of the City of Alpine, after public hearing had upon such application to the city council, duly filed by said owners. This ordinance authorized by Resolution No. 4685, PASSED AND APPROVED by the city council of the City of Alpine at its regular meeting held on April 17, 1979, at 4:00 p.m., in the city council meeting room at the city office building in Alpine, Texas.
PASSED AND APPROVED by the Alpine city council on the first day of May, 1979; to be effective upon its caption's publication.
ORDINANCE NO. 85-2-1
AN ORDINANCE CHANGING THE ZONING OF BLOCK 1, MEANS ADDITION TO THE CITY OF ALPINE, BREWSTER COUNTY, TEXAS FROM R-2 USE TO R-4 (MOBILE HOME) USE AND DEDICATING A 20-FOOT WIDE EAST-WEST ALLEYWAY THROUGH SAID BLOCK 1, MEANS ADDITION TO THE CITY OF ALPINE, BREWSTER COUNTY, TEXAS, ON PETITION OF JOE D. SILVA, OWNER OF SAID BLOCK 1, MEANS ADDITION.
WHEREAS, prior to November 22, 1983, Joe D. Silva, of 4044 East 37th Street, Odessa, Ector County, Texas, telephone number (915) 362-0453, formally petitioned the city council of the City of Alpine to rezone block 1, Means Addition to the City of Alpine, Brewster County, Texas, from R-2 zoning use to R-4 zoning use (mobile home) according to the Alpine City Code; and all public hearings, on site and in regular council meeting, having been set, held and considered by said city council and petitioner, at such public hearing held on November 22, 1983, having offered to dedicate a 20-foot wide east-west alleyway through such block to align with other alleyways in such area and addition if the city would rezone the use of such block as R-4, which dedication offer by Mr. Silva was considered by the city council of the City of Alpine in open meeting and on motion made by Councilman Dyke, seconded and passed unanimously by the city council on November 22, 1983, as Resolution No. 83-11-93, to wit:
"Resolution No. 83-11-93, block 1, Means Addition to be rezoned to R-4 conditioned upon a 20-foot alley being dedicated to the city by Mr. Robert Silva,"
said motion having been so made, seconded and passed as aforesaid.
Be it ordained by the city council of the City of Alpine that block 1, Means Addition to the City of Alpine be zoned R-4 from and after the receipt by the City of Alpine City Secretary [of] the dedication to the City of Alpine of a 20-foot wide alleyway east to west through the center of said block.
PASSED AND APPROVED by the city council, City of Alpine, on the fourth day of February, 1985, by authority of Resolution No. 83-11-93.
ORDINANCE NO. 86-9-2
AN ORDINANCE REZONING, FROM R-2 TO R-4, AN 0.69 ACRE TRACT OF LAND, BEING THE EAST ONE-HALF (E/2) OF THE EAST ONE-HALF (E/2) OR THE EAST ONE-FOURTH (E/4) OF A 2.86 ACRE TRACT OUT OF MEANS ADDITION TO THE CITY OF ALPINE, LYING NORTH OF WEST MURPHY STREET AND SOUTH OF THE SOUTHERN PACIFIC RAILROAD RIGHT-OF-WAY, NORTH OF BLOCKS, OR TRACTS, 1, 8, AND A PART OF 9, OF SAID MEANS ADDITION TO THE CITY OF ALPINE, BREWSTER COUNTY, TEXAS, BEING 73 FEET IN WIDTH NORTH TO SOUTH AND 416 FEET IN LENGTH, EAST TO WEST, AFTER ALL REQUIRED NOTICES SENT, PUBLIC HEARINGS HELD, CITIZENS COMMENTS CONSIDERED, INCLUDING RECOMMENDATION OF THE ALPINE PLANNING AND ZONING COMMISSION THAT SUCH REZONING BE APPROVED; THE CITY COUNCIL OF THE CITY OF ALPINE, AT ITS REGULAR MEETING HELD ON SEPTEMBER 9, 1986, IN COUNCIL CHAMBERS, CITY OFFICE BUILDING, [CITY OF] ALPINE, TEXAS, AFTER CAREFUL CONSIDERATION, DELIBERATION AND ON MOTION MADE, SECONDED AND PASSED BY THE CITY COUNCIL, APPROVED SUCH REQUESTED ZONING CHANGE. NOW THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ALPINE:
THAT MANUEL NATERA, OWNER, having made application [to] the City of Alpine to rezone, from R-2 to R-4 zoning, a strip of land 73 feet wide; north to south, and 416 feet in length, east to west, being the east one-half (E/2) of the east one-half (E/2) or east one-fourth (E/4) of a strip of land, containing 2.86 acres of land, the portion thereof for which rezoning has applied for being the east 0.69 of an acre, which 0.69 acre strip of land lies north of West Murphy Street and south of the Southern Pacific Railroad right-of-way and extends west 416 feet from the east section line of said survey 43, block 9, GH & SA Ry. Co. All fees for notices having been paid and such notices sent to those, by law, required to be notified of such public hearing, and such public hearing notice also having been posted as an agenda item more than 72 hours prior to council's meeting on September 9, 1986, the city council, having received, heard and considered public citizens' input at such hearing, having noted that the Alpine planning and zoning commission had recommended approval by the city council for such applied for zoning change, following council deliberation and full consideration of the effect of such zoning change, upon motion made and seconded, the city council, City of Alpine, voted to change the zoning of such 0.69 acre tract, hereinbefore described, from R-2 to R-4 zoning, and it was so ordered that such zoning change be made on the official map of the City of Alpine.
PASSED AND APPROVED by the city council, City of Alpine, at its regular meeting held at 7:00 p.m., September 9, 1986, in council chambers, city office building, City of Alpine.
ORDINANCE 2011-01-01
AN ORDINANCE AMENDING THE ZONING ORDINANCE ARTICLE II OF THE ZONING MAP TO INCLUDE A HISTORICAL OVERLAY DESIGNATION ON CERTAIN AREAS OF TOWN AND PROVIDING CRITERIA FOR THE DESIGNATION AND DESIGNATING THE PLANNING AND ZONING COMMISSION AS AN ADVISORY BOARD TO REVIEW THE CRITERIA.
WHEREAS, the City Council of the City of Alpine has determined that a "Historical District" be created to preserve the integrity of the homes and businesses that are landmarks and enhance the city's culture, and
WHEREAS, the creation of the district will enhance, will protect the historic landmarks, will safeguard the city's historic and cultural heritage, will stabilize and improve property values, will foster civic pride and beauty, and will protect and enhance the city's attractions to tourists and visitors to our community, and
WHEREAS, the Planning and Zoning Commission has studied and reviewed standards for the administration of the "Historic Overlay District" for the enhancement and protection of the district for preservation of its landmarks.
Now, therefore, be ordained by the City Council of the City of Alpine, Texas that the following District, Criteria, and Advisory Board be adopted:
1.
That an Overlay District be established that would include the area west of Loop Road (State Hwy 223) that being the east boundary, the area south of Brown Street that being the north boundary, the area east of South Orient Railroad right-of-way that being the west boundary and Sul Ross Avenue being the south boundary. The area south of Sul Ross Avenue that being the north boundary of the commercial area, the area east of 15th Street being the west boundary on the commercial and residential area along Avenue E and Holland and then the area east of 7th street that being the west boundary on the south commercial area up to "A" Mountain, the area north of "A" Mountain would be the south boundary and the west boundary would be Neville Haynes street and connecting to the Loop Road.
2.
That an Advisory Board (Planning and Zoning Commission) be appointed to review plans, specifications, and criteria to meet historical preservation standards.
3.
That the following criteria be adopted:
(A)
Buildings must be built on site and a solid foundation or approved building foundation as set by the advisory board.
(B)
Building must have an outside aesthetic cover that is compatible to the buildings within the historical district; examples are adobe, stucco, rock, wood and brick.
(C)
Metal buildings must have an exterior finish that is compatible to the historical buildings within the Historical District.
(D)
Industrialized homes in Residential Zoning District shall meet all the requirements of the district in which the industrialized home is located.
(E)
Have a value equal to or greater than the median taxable value for each single-family dwelling located within five hundred feet (500') of the lot on which the industrialized housing is proposed to be located as determined by the most recent certified tax appraisal for Brewster County.
(F)
Have exterior siding, roofing pitch, foundation fascia, and fenestration compatible with any single-family dwelling located within five hundred feet (500') of the lot on which the industrialized housing is proposed to be located.
(G)
Comply with aesthetic standards, building setbacks, side and rear yard offsets, subdivision standards, architectural landscaping, square footage, and other site requirements applicable to single-family dwellings in the zoning district in which the industrialized home is located.
(H)
Be securely affixed to a permanent foundation.
4.
All signs and billboards within the Historical District must be approved by the Planning and Zoning Commission before a building permit is issued. the Building Official will prepare the documentation and present it to the Commission. he shall bring the drawings and specs of each individual sign or billboard.
Passed by a two-thirds majority of the City Council of the City of Alpine, Texas on February 15th, 2011.