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HomeMy WebLinkAboutMinutes - City Council - Regular - 8/23/1972August 23, 1972 REGULAR CITY COUNCIL MEETING The City Council of the City of Lubbock, Texas, met -at 10:00 o'clock a.m. in the regular meeting place in the City Hall, the following members thereof being present to -wit: Mayor Morris W. Turner and Councilman Lonnie F. Hollingsworth, Councilwoman Carolyn Jordan, Councilmen John E. Baker and Bryce Campbell, City Manager N. B. McCullough, City Attorney Fred 0. Senter, Jr., Assistant City Manager Robert Wilson and City Secretary -Treasurer Lavenia Lowe. Absent: None I72-31-353-845 The invocation was given by Tom Martin, Public Information Officer. (1) .72-31-353-846 The Pledge of Allegiance to the Flag was given in unison by those present in the Council Chamber. (2) 72-31-353-847 NOTICE OF CITY COUNCIL HEARING NOTICE is hereby given to owners of the property hereinafter described or referred to and to all i other persons as provided by law, that the City Council will hold a public hearing on the 23rd day of August, 1972, at 10:00 A.M., in the City Council Chamber on the Second Floor of the City Hall in Lubbock, Texas, to consider the recommendations of the Planning and Zoning Commission that the zoning district of the property herein described be changed; and at which time and place all interested persons will be .given an opportunity to be heard, after which hearing, the City Council will determine whether the Zoning Ordinance and map will be amended in accordance with such recommendation: ZONE CASE No. 1833 - Request of Gordon Treadawa (for W. 0. Bearden) to amend the site plan on Lot 2, Horseshoe Terrace Addition and to change Lots 3;•-4�;"5, and 6,�- Horseshoe Terrace Addition from an "R-l" to a "C-2" and "C-4" Zoning District as follows: Lots 3, 5 and 6 from "R-l" to "C-4" and Lot 4 from "R-l" to 11C-2.-Horseshoe Terrace Addition is a preliminary plat out of Sec- tion 3, Block E, City of Lubbock, Lubbock County, Texas, on file in the office of the Secretary of the Planning and Zoning Commission,.property is further described by metes and bounds to -wit: Lot 2, Horseshoe Terrace Addition and a tract of land out of Section 3, Block E, Lubbock County, Texas, and being more particularly described as follows: BEGINNING at a point 605.0'feet North and 55.0 feet East of the Southwest corner of Section 3, Block E, for the Southwest and beginning corner of this tract; THENCE North 715.0 feet to a point for the Northwest corner of this tract; THENCE East 1265.0 feet to a point for the Northeast corner of this tract; THENCE South 1290.0 feet to a point for the Southeast corner of this tract; THENCE West 955.93 feet to a point for a corner of this tract; THENCE North 82049' West 109.93 feet to a point for the South -Southwest corner of this tract; THENCE North 561.25 feet to a point for a corner of this tract; THENCE West 200.0 feet to the place of BEGINNING. Containing 34.8 acres (North of 66th Street and East of University Avenue) The Planning and Zoning Commission recommended to the City Council that this request be granted sublect_to,the following conditions: 1. Change Lot 5 to. "C-211. 2. Delete Condition C from Ordinance 3990 on Lot 2. 3. That a 100 foot building setback shall be observed from the University Avenue Property line on Lots 2 and 5. ZONE CASE NO.-1834 - Request of Arnold Maeker (for Leonard Wilson) for a specific use permit zone change, under provisions of Section 14-A.1-20 of the Zoning Ordinance for a Mobile Home Subdivi- sion on a tract of land out of Section 6, Block JS and a zone change from an "R-l" to a "C-2" zoning district out of Section 6, Block JS, Lubbock County, Texas. Changes are further described by metes and bounds to wit: Change from "R-l" to "C-2" -. A tract of land out of Section 6, Block JS BEGINNING at a point on the Southwest corner of Section 6, Block JS; THENCE East 1330 feet; THENCE North 1295 feet; THENCE West 1330 feet; THENCE South 1295 feet to the point of BEGINNING. I� Change from "R-1" to Specific Use Mobile Home Subdivision - e A tract of land out of Section 6, Block JS BEGINNING at a point 1330 feet east of the Southwest corner of Section 6, Block JS; THENCE East 1091 feet; THENCE North 320 feet; THENCE East 229 feet; THENCE North 2321.5 feet; THENCE West 1320 feet; THENCE South 330 feet; THENCE West 1320 feet; THENCE South 1016.5 feet; THENCE -East 1330 feet; THENCE South 1295 feet to point of BEGINNING. (North of Erskine and East of Frankford Avenue) The Planning and.Zoning Commission recommended to the City Council that this request be granted subject to the following conditions: 1. That the C-2 area be revised as shown on the site plan. 2. That they be tied to the revised site plan. 3. In the .C-2 area there shall be 2.2 square feet of parking to each square foot of total building area. ZONE CASE NO. 1835 - Request of Raymond Taylor for a specific use permit zone change, under provisions of Section 14-A.1-10 of the Zoning Ordinance on the East 139 feet and "R-2" on the remainder of a tract of land out of Section 12, Block E-2, Lubbock County, Texas. Property is further described by metes and bounds to -wit: BEGINNING at a point which bears 2650.00 feet South of the Northeast corner of Section 12, Block E-2, Lubbock County, Texas; THENCE S 0003' E, along the East line of Section 12, Block E-2, a distance of 109.00 feet; THENCE S 89057' W, along the North line of 74th Place, a distance of 424.00 feet; to a point which is the Southeast corner of Lot 10, TIMES'S SQUARE ADDLTION; THENCE N0003' W, along the East line of Lot 10, a distance of 109.00 feet to a point in the South line of an East-West alley; THENCE N 89°57' E, along the South line of said alley, a distance of 424.00 feet to the Place of BEGINNING. (North of 74th Place and West of University Avenue) The Planning and Zoning Commission recommended to the City Council that this request be granted it subject to the following condition: 1. That they be tied to a revised site plan. ZONE CASE NO. 1836 - Request of Dub Mantooth (for Fred E. Brown) to change.Lot 4, Block 1, Hillcrest Addition, City of Lubbock, Lubbock County, Texas, from an "R-3 " to a "C-2" Zoning District. (South of 34th and East of Vicksburg Avenue) The Planning and Zoning Commission recommended to the City Council that thj.s request be granted subject to the following condition: 1. In the C-2 area there shall be 2.2 square feet of parking to each square foot of total building area. /s/ Lavenia Lowe, Secretary -Treasurer City of Lubbock, Texas NOTICE OF CITY COUNCIL HEARING NOTICE is hereby given to all interested persons as provided by law, that the City Council will hold a public hearing on the 23rd day of August, 1972, at 10:00 A.M., in the City Council Chamber on the Second Floor of the City Hall in Lubbock, Texas, to consider the recommendations of the Planning and Zoning Commission that the Zoning Ordinance 1695 be amended to amend Sec- tions of said Zoning Ordinance as described below; and at which time and place all interested persons will be given an opportunity to be heard, after which hearing, the City Council will determine whether the Zoning Ordinance will be amended in accordance with -such recommendation: PROPOSED AMENDMENTS TO THE ZONING ORDINANCE Present Wording Proposed Wording N Section 14-A.1-22 Section 14-A.1-22 Present Wording Proposed Wording NONE "14-A.1-22 Mining and extraction of caliche, clay, gravel; quarring of rock or stone; sanitary land fills in any Zoning District provided the following condi- tions are met: Ten (10) copies of a site plan shall be submitted at the time of application showing the following information. (a) A survey and legal description of the property together with north point, scale and date. (b) Show owner of property in question and ownership of all adjacent property. (c) Typical features, existing and proposed, such as property lines, streets, alleys, easements, buildings, or other structures, driveways, screening and landscap- ing on the property and within 200 feet thereof. (d) Designation of the depth to which excavation or fill will be made and the angle of all side slopes. (e) Statement describing provisions for controlling dust. (€) Statement of precautions to be taken to guide traffic movements safely in, around and by said opera- tion. Section 6.1-6 (R-1) Uses Permitted Section 6.146 (R-1) Uses Permitted Customary Home Occupations Customary home occupations as defined in Section 2.32 and further subject to Section'6.2-9. Section 6.2-9 (R-1) Conditional. Section 6.2-9 (R-1) Conditional Uses. Uses NONE Customary home occupations as defined in Section 2.32 -shall become conditional uses requiring Zoning Board of Adjustment approval when written protest is sub- mitted to the Zoning Administrator signed by fifty (50) percent of the property owners within two hundred (200) feet to the front, or rear or either side of the prop- erty in question. Isl Lavenia Lowe, Secretary -Treasurer City of Lubbock, Texas In accordance with the above Notice of Zoning Hearing, hearing was held on Zone Case No. 1833 - Request of Gordon Treadaway for W. 0. Bearden to change property located north of 66th Street and east of University Avenue from "R-l" to "C-2" and "C-4" Zoning Districts and amend the site plan. The Planning and Zoning Commission recommended that this request be granted subject to the following conditions: 1. Change Lot 5 to "C-2". 2. Delete Condition C from Ordinance No. 3990 on Lot 2. 3. That a 100 foot building -setback shall be observed from the University Avenue property line on Lots 2 and 5. Mayor Turner called for proponents and opponents to appear before the City Council. Mr. Gordon Treadaway appeared in support of this zone change request. Jim Bertram, Director of Planning, gave a summation of the recommendation of the Planning and Zoning Commission. No one else came forward; whereupon, Mayor Turner announced that the hearing was closed. After consideration of all information presented, motion was made by Councilman Campbell, seconded by Councilwoman Jordan, motion carried, Mayor Turner and Councilwoman Jordan and Councilmen Baker and Campbell voting Yea, none voting Nay, to uphold the recommendation of the Planning and Zoning Commission and pass Ordinance No. 6433 on first reading. Councilman Hollingsworth abstained from voting on this motion. ORDINANCE NO. 6433 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 1695 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK 'SO AS TO MAKE THE FOLLOWING 'CHANGE: ZONE CASE NO. 1833: CHANGE LOT 5, HORSESHOE TERRACE ADDI- TION, FROM AN "R-l" TO A "C-2" ZONING DISTRICT; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 72-31-355-848 At this time, Mayor Turner asked that the hearing on Zone Case No. 1833 be reopened. Motion (3a) was made by Councilman Campbell, seconded by Councilwoman Jordan, motion carried, Mayor Turner and Councilwoman Jordan, and Councilmen Baker and Campbell voting Yea,,none voting Nay to re- open the hearing on Zone Case No. 1833. Mayor Turner called for -proponents and opponents to appear before the City Council, but no one came forward; whereupon, Mayor Turner announced that the hearing was closed. After consideration -of all information presented, motion was made by Councilman Campbell, seconded by Councilwoman Jordan, motion carried, Mayor Turner and Council- woman Jordan and Councilmen Baker and Campbell voting Yea, none voting Nay, to pass Ordinance No. 6434 on first reading. Councilman Hollingsworth abstained from voting on this motion. ;I ORDINANCE NO. 6434 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 3990, WHICH AMENDED ZONING ORDINANCE NO. 1695 OF THE CITY OF LUBBOCK BY REPEALING CONDITION C THEREOF AND ENACTING THEREFOR A NEW CONDITION C; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 'I 72-31-356-849 In accordance with above Notice of Zoning Hearing, hearing was held on Zone Case No. 1834 - (4) Request of Arnold Maeker (for Leonard Wilson) to change property located north of Erskine and east of Frankford Avenue from an "R-l" to a "C-2" Zoning District and for a Specific Use Per- mit.' The Planning and Zoning Commission recommended that this request be granted subject to the following conditions: 1. That the 11.C-2" area be revised as shown on the site plan. 2. That they be tied to the revised site plan. 3. In the "C-2" area there shall be 2.2 square feet of parking to each square foot of total building area. Mayor Turner stated -at this time that because twenty percent of the property owners in this area have protested this zone change it will be necessary to have a four -fifths vote of the City Council to approve this .zone change. Mayor Turner called for proponents and opponents to appear before the City Council. Mr. Arnold Maeker, representing Leonard Wilson, appeared in support of this zone change request. Mr. Leonard Wilson also appeared in support of this zone change. Mr. Warlick Carr, Attorney, appeared before the City Council, representing property owners in this area who wished to pro- test this property being changed to "C-2" Zone. Twelve people in the Council Chamber stood in protest to -this land being used as a mobile home subdivision. Mr. J. Ray Dickey also appeared in opposition to this mobile home subdivision. Jim Bertram, Director of Planning, gave a summation of the recommendation of the Planning and Zoning Commission. No one else came for- ward; whereupon,. Mayor Turner announced that the hearing was closed. After consideration of all information presented, motion was made by Councilwoman Jordan, seconded by Councilman Baker that this zone change request be denied. This motion failed to carry by the following vote: Councilwoman Jordan and Councilman Baker voting Yea, Mayor Turner and Councilmen Hollingsworth and Campbell voting Nay. Motion was then made by Councilman Campbell, seconded by Councilman Hollingsworth that this zone change be approved.. The vote was as follows: Mayor Turner and Councilmen Hollingsworth and Campbell voting Yea, Councilwoman Jordan and Councilman Baker voting Nay. This motion failed to carry by the four -fifths vote required; therefore, this re- quest for a zone change is denied. 72-31-356-850 In accordance with the above Notice of Zoning Hearing, hearing was held on Zone Case No. 1836 - (6) Request of Dub Mantooth.(for Fred E. Brown) to change property located south of 34th Street and east of Vicksburg Avenue from an "R-3" to a "C-2" Zoning District. The Planning and Zoning Commission recommended that this request be granted subject to the following condition: 72-31-356-851 (7) In the "C-2" area there shall be 2.2 square feet of parking to each square foot of total building area. Mayor Turner called for proponents and opponents to appear before the City Council. Mr. Dub Mantooth appeared in support of this zone change request. Jim Bertram, Director of Planning, gave a summation of the recommendation of the Planning and Zoning Commission. No one else came forward; whereupon, Mayor Turner announced that the hearing was.closed. After considera- tion of all information presented, motion was made by Councilman Campbell, seconded by Council- woman Jordan, motion carried, Mayor Turner and Councilmen Hollingsworth, Jordan, Baker and Campbell voting Yea, none voting Nay to uphold the recommendation of the Planning and Zoning Commission and pass Ordinance No. 6435 on first reading. ORDINANCE NO. 6435 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 1695 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK SO AS TO MAKE THE FOLLOWING CHANGE: ZONE CASE NO. 1836: CHANGE LOT 4, BLOCK 1, HILLCREST ADDI- TION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM AN "R-3" TO A "C-2" ZONING DISTRICT; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. In accordance with the above Notice of Zoning Hearing, hearing was held on proposed amendments to the Zoning Ordinance involving customary home occupations. Mayor Turner called for propo- nents and opponents to appear before the City Council. Jim Bertram, Director of Planning, gave a summation of the recommendation of the Planning and Zoning Commission. No one else came for- ward; whereupon, Mayor Turner announced that the hearing was closed. After consideration of all information presented, motion was made by Councilman Hollingsworth, seconded by Councilwo- man Jordan, motion carried, Mayor Turner and Councilmen Hollingsworth, Jordan, Baker and Campbell voting Yea, none voting Nay to pass Ordinance No. 6436 on first reading. ORDINANCE NO. 6436 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 1695-OF THE CITY OF LUBBOCK BY AMENDING SECTION 6.1-6 THEREOF GOVERNING CUSTOMARY HOME OCCUPATIONS; ADDING A NEW SECTION 6.2-9 GOVERNING CON- DITIONAL USES; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 72-31-356-852 In accordance with the above Notice of Zoning Hearing, he was held on proposed amendments (8) to the Zoning Ordinance to control mining, landfills.and extractions. Mayor Turner called for proponents and opponents to appear before the City Council. Jim Bertram, Director of Planning, gave a summation of the recommendations of the Planning and Zoning Commission. No one else came forward; whereupon, Mayor Turner announced that the hearing was closed. After considera- tion of all information _presented, motion was made by Councilwoman Jordan, seconded by Council- man Hollingsworth, motion carried, Mayor Turner and Councilmen Hollingsworth, Jordan, Baker and Campbell voting Yea, none voting Nay, to pass Ordinance No. 6437 on first reading. ORDINANCE NO. 6437 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 1695 OF THE CITYOF LUBBOCK BY ADDING THERETO A NEW SECTION 14-A.1-22 PROVIDING FOR MINING, EXTRACTION AND SANITARY LANDFILLS; PROVIDING A SAV- INGS CLAUSE AND PROVIDING FOR PUBLICATION. I 72-31-357-853 Motion was made by Councilman Hollingsworth, seconded by Councilman Campbell, motion carried, (9) Mayor Turner and Councilmen Hollingsworth, Jordan, Baker and Campbell voting Yea, none voting Nay, to pass Ordinance No. 6438 on first reading. ORDINANCE NO. 6438 AN ORDINANCE AMENDING THE FIRE ZONE MAP OF THE CITY OF LUBBOCK SO AS TO CHANGE BLOCK 292 CARTER SUBDIVISION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, DESCRIBED HEREIN FROM FIRE ZONE NO. 2 TO FIRE ZONE NO. 3; DIRECTING THE BUILDING INSPECTION.ADMINSTRATOR TO INDICATE SUCH CHANGE ON THE OFFICIAL FIRE ZONE MAP OF THE CITY OF LUBBOCK: 72-31-357-854 In accordance with the above Notice of Zoning Hearing, hearing was held on Zone Case No. 1835 - (5) Request of Raymond Taylor for a Specific Use Permit on property located north of 74th Place and west of University Avenue. The Planning and Zoning Commission.recommended that this request -be granted subject to the following condition: That they be tied to a revised site plan. Mayor Turner called for proponents and opponents to appear before the City Council. Mr. Raymond Taylor appeared in support of this zone change request. Jim Bertram, Director of Planning, gave a summation of the recommendations of the Planning and Zoning Commission. No one else came forward; whereupon, Mayor Turner -announced that the hearing was closed. After consideration of all information presented, motion was made by Councilmen Hollingsworth, seconded by Councilman Campbell, motion carried, Mayor Turner and Councilmen Hollingsworth, Jordan, Baker and Campbell voting Yea, none voting Nay to uphold the recommendation of the Planning and Zoning Commission and pass Ordinance No. 6439 on first reading with the condition that in the event duplexes are built, each unit of each duplex building shall contain a minimum of 11,000 square feet of floor space. ORDINANCE NO. 6439 AN ORDINANCE AUTHORIZING THE ISSUANCE OF A SPECIFIC USE PERMIT, TO -WIT: ZONE CASE NO. 1835: CHANGE THE EAST-139 FEET OF A TRACT OF LAND OUT OF SECTION 12, BLOCK E-2, LUBBOCK COUNTY, TEXAS, FROM AN "R-1" TO A SPECIFIC USE PERMIT, TO -WIT: PROFESSIONAL TYPE OFFICES; CHANGE THE ,REMAINDER OF THE ABOVE TRACT FROM AN "R-l" TO AN.""R-2 " ZONING DISTRICT, SUBJECT TO CONDITIONS, PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. NO FURTHER BUSINESS COMING UP FOR CONSIDERATION, THE CITY COUNCIL ADJOURNED FROM REGULAR MEETING, AUGUST 23, 1972. ORRIS W. TURNER, MAYOR ATTEST: Lav nia Lowe, City cretary-Treasurer READ AND APPROVED THIS THE 14TH DAY OF SEPTEMBER, 1972. MORRIS W. TURNER, MAYOR ATTEST: ter La nia Lowe, Cit# Secretary -Treasurer