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HomeMy WebLinkAboutMinutes - City Council - Regular - 9/27/1972•W,46 SEPTEMBER 27, 1972 2-31-400 -964 (1) 2-31-400-965 (2) 2-31-400-966 (3) 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 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 The invocation was given by Jim Bertram, Director of Planning. The Pledge of Allegiance to the Flag was given in unison by those present in the Council Chamber. 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 27th day of September, 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 recommendation of the Planning and Zoning Commission that the Zoning Ordinance 1695 be amended to amend Sections 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: ZONE CASE #1837 - Request of Weldon Steele to make the following changes out of Section 1, Block J S, City of Lubbock, Lubbock County, Texas. The following Changes from Horizon West Addition, to the City of Lubbock, Lubbock County, Texas, a preliminary plat on file in the office of the Secretary of the Planning and Zoning Commission. Change "R-l" to "R-2" Lots 1 thru 6, 9 thru 12, 18 thru 21, 27 thru 30, 99 thru 118. Change R-1 to A-1 Lots 220 thru 223 Change "R-1" to "C-2 " Lot 224 (South of Erskine Street and East of Frankford Avenue) The Planning and Zoning Commission recommended to the City Council that Lots 1-6, 99-110 be changed to R-2, and that Lot 224 to be changed to C-2 be granted. ZONE CASE #1841 - Request of Dewie V. Rothwell to change lots 7 thru 10, Block 1, Slidell Annex Addition from an "R-1" to a "C -1" zoning district and lots 4 thru 6, Block 1, Slidell Annex Addition and a Tract of land South of 58th Street to the alley between Toledo Avenue and Lot 4 from an "R-1 " to an "R-2" zoning district. (South of 58th Street between Toledo Avenue and Utica) The Planning and Zoning Commission recommended to the City Council that this request be granted,. ZONE CASE #1842 - Request of Charles Patterson (for Trinity Church) to change a tract of land out of Section 12, Block E-2, City of Lubbock, Lubbock County, Texas, from an "R-1 " to an "R-2" zoning district. Property is further described by metes and bounds to wit: A Tract of land located in Section 12, Block E-2, Lubbock County, Texas, described by metes and bounds as follows: BEGINNING at -a point which is the Northwest corner of Tract "E", Caprock Addition to the City of Lubbock, Lubbock County, Texas; THENCE S 00 Ol' 43 " W, with the West line of said Tract "E", Caprock Addition, a distance of 455.68 feet to a point in the North Right-of-way line of Loop 289; (same being the Southwest corner of said Tract "E", Caprock Addition;) THENCE N 89* 58' 17" W, with the North Right-of-way line of Loop 289, a distance of 668.73 feet to a point in the center line of Elgin Avenue; THENCE N 0° 03' 48" E, with the centerline of Elgin Avenue, a distance of 455.35 feet to a point which bears S 00 03' 48" W, 20 feet, and West, 31.09 feet from the Southwest corner of Lot 1295, Caprock Addition to the City of Lubbock, Lubbock, County, Texas; THENCE East, with the South line of a dedicated alley, a distance of 668.45 feet to the Place of BEGINNING, containing 6.991 acres. (North of Loop 289 and East of Elgin Avenue) The Planning and Zoning Commission recommended to the City Council that this request be jranted subject to the following condition: 1. Tied to Church uses only. l -- - r #09% ZONE CASE #921D - Request of Derrell G. Jones to amend Specific Use Permit on a tract of land out of Section 3, Block E, City of Lubbock, Lubbock County, Texas. Property is further des- cribed as follows:' TRACT I BEGINNING at a point which is 800'+ west of 451+ south of ICE corner of Section 3 Block E, Lubbock County, Texas; -. THENCE West a distance of 1337.181+ to a point; THENCE South a distance of 410'+ to a -point; THENCE East a distance of 508'+ to -a point; .. THENCE South a distance of 993.5'+ toa point; THENCE East a distance of 1442.16.1+ to a point in the West right-of-way line of Avenue Q South Drive THENCE Along the West right-of-way line of Avenue Q South Drive a distance of 1381.141+ to the place of BEGINNING. TRACT 2 BEGINNING at a point which is 2137.18'+ west and 45'+ south of the NE corner of Section 3 Block E, Lubbock, Texas; THENCE West a distance of 445'+ to a point; THENCE South a distance of 180'+ to a point; THENCE West a distance of 150'+ to a point; THENCE -South a distance -of 260'+ to a point; THENCE East a distance of 6061+ to a point; THENCE North a dis-tance of 423'+ to a point.; (South of 50th Street and Avenue Q-South Drive between Avenue U and P) The Planning and Zoning Commission recommended to the City Council that -this request be granted subject to the following conditions: - 1'. Tied to the. site plan as presented-. 2. Subject to approval by the Traffic Engineering Department on the drive way openings. ZONE CASE #1001-A - Request of Joe V. Boerner Jr. (-for First National Bank) to change Tract A, Ranchland Terrace Addition from an "R-l" Specific Use" to an "A-1" zoning district. Tracts A & B Ranchland Terrace Addition, City of Lubbock, Lubbock County, Texas, is from a preliminary plat on file in the office of the Secretary of the Planning and Zoning Commission. (Between ..Belmont.Avenue..and Chicago Avenue, South of Brownfield Road) The Planning and Zoning Commission recommended to the City Council that this request be granted. ZONE CASE NO. 1807 - Request of Planning and Zoning Commission to change: The west one-half of Blocks,6, 22,:38, 54-, 70 and-86, Original Town; Lots 1.2 2, • 3., .4 and 5, Block 102, Original Town; Xhe�north one-half of Blocks.97, 98, 99; 100 and 101, Original Town; The north one-half of Block 134, Overton Addition; Lots 1, 2'and 3, Block 118, Overton Addition; The East one-half of Blocks 106, 1092 113, 114 and 117, Overton Addition; Lot 3, Block 3, Roberts and McWhorter Addition; Lots A and B, Block 2, Garland Subdivision; The east 49.5 feet of the north 26.0 feet of Lot 16, Block 2, Garland Subdivision; Lots 1, 2, 3, 13, 14 and 15, Blake's Subdivision of Block 1 of Roberts & McWhorter Addition; Lots 1, 4, 11 and the south 161.4 feet of Lot 12, Richmond Addition; The South 161.4 feet of Lot 14, Block 8, William Tubbs Addition; Lots 1, 2, 3, 18, 19 and 20, Block 1, William Tubbs; All of that portion of Block 14, William Tubbs Addition situated southwest of the Santa Fe Railroad right-of-way; All of that portion of Block 7, Acuff Heights Addition situated southwest of the Santa Fe Railroad right-of-way; .Blocks.l and 2, Ratliff Addition; Lots 1 and 2, Safeway Addition; All of Blocks 5 and 6, Merritt and Wild Addition; All of Block 1, Original Town, City of Lubbock, Lubbock Coanty;'Texas, from "R-3", "C-4':, "M-1" and "M-2" to a "C-4" Zoning District. ' ..Cut 4th Street property -east of Avenue L and change rest -of property on'North side of 4th Street to 100 feet in depth. Section 1. - Permitted Uses: Apartments (1 unit per 100 sq. ft. lot area) Barber Shop Bar, supper club, nightclub, cbcktai.l lounge, private club Beauty Shop Civic or Fraternal Organization - Hotel, motel, motor hotel Medical Uses - hospitals, clinics (except -veterinary) Parking - off-street (Public or private) Professional offices Restaurants - mixed alcoholic.beverage sales permitted as an incidental use Retail - Bakery Department stores Drug Store Florist Groceiy Stares Pharmacies Specialty Shops Service Stations Studies Theaters Travel Agency & Bureau Trailer Sales In addition to these permitted uses, the following uses shall be permitted on that portion of the property which fronts onto Fourth'(4th) Street. Said property being located on the north side of Fourth (4th) Street between Avenue Q and the Santa Fe Railroad Right -of -Way. Any use unconditionall permitted in the "C-4" commercial district provided that the business is conducted entirely within a building. No outside storage or display of any kind shall be permitted. Section 2. - Yards There shall be a minimum building setback of ten (10) feet from the front property line for non-residential uses. Apartments shall maintain the "A-2" yard require- ments. Section 3. - Off -Street Parking" USE Apartments ' Barber Shop Bar, cocktail lounge, night club, supper club or private club Beauty Shop Civic and Fraternal Organizations Hotel, Motel and Motor Hotel Medical Uses - Hospitals, • Clinics Professional Offices Restaurants Retail Service Stations Studios Theaters Travel Agency and Bureau Wholesale & all other Section 4. - Landscaping -REQUIREMENT 1 1/2 spaces per 1 bedroom 2 spaces per 2 or more BR. 1 space per 150 sq. ft. gross floor area 1 space per 100 sq. ft gross floor area 1 space per 150 sq. ft-of gross floor area 1 space per. 200 sq. ft. of gross floor area 1 space per room.- 2 per bed 1 per 200 sq. ft. of gross floor area 1 space per 200 sq. ft gross floor area 1 space per 100 sq. ft. gross floor area 1 space per 150 sq. ft gross floor area 1 per service stall and 1 per employee 1 space per 150 sq. ft. gross floor area 1 space per four seats 1 space per 200 sq. ft.gross floor area 1 space per employee plus 1 space for each company vehicle Sixty percent (60%) of the required ten (10) foot front yard shall be landscaped and permanently maintained for non-residential uses and 15% of the total lot area shall be landscaped and permanently maintained for apartments. Section 5. - Advertising �i. Sign Content All signs shall pertain to identification of -the primary use and/or primary service pro- vided or.primary product sold on -the premises. Signs shall not advertise incidental products. by brand names-. B. Sign Area The- total' area of -the sign(s) allowed under' -this section shall not exceed 1 1/2 percent of the gross flour -area of -the building or one (1) square foot of sign for each lineal foot of lot frontage.. C. Sign- Types Permitted. 1. -Fascia A -sign with letter face parallel to.the.building facade extending no more than two ($) feet perpendicularly from any facade:•- 2. Free Standing - One (1).fxee standing sign is permitted for a development lot provided the following conditions are met: (a) The height shall not exceed fifty-five (55) feet. (b) No part of such signs may project horizontally beyond the -property line. Canopy - Signs which are attached to a canopy, provided -they do not project horizontally" -beyond-the canopy or.vertically above -the highest --point of -the canopy. Temporary - Signs which advertise property for sale or lease or advertise the opening of a new business. _Signs indicating a new business shall be removed within thirty (30) days pf the opening date. Public Service - Signs limited to depiction of time, temperature or news, provided all other standards of this section are complied with. ID. Sign Design 1. All electrical service lines shall not be'visible from the exterior of the building. Z. Hanging,, -exposed neon without background letters, flashing,.roof signs or signs painted directly on walls shall be prohibited.. E. Abandoned Business Signs - All signs and supports relating to an abandoned or discontinued business must be removed within thirty (30) days from the date of discontinuance. F. Non -Conforming Sign Abatement 1. Non -conforming signs of,an accessory nature (costing $100 or less) not currently in violation of the zoning ordinance, shall be removed or brought into compliance within ooe (1) year of -the effective date of this'ordinance. 2. Primary non -conforming signs (costing $100 to $999) not currently in violation of the zoning ordinance, shall be removed or brought into compliance within three (3) years of the effective date of this ordinance. .3. Primary non -conforming signs (costing $1,000 or more) not currently in violation of the zoning ordinance, shall be removed or brought into compliance within eight (8) years of the date of this ordinance. Section 6.. - Coverage Coverage shall. not exceed 75% of the gross lot area for non-residential uses and 40% of the gross lot area for apartments. Section 7. - Expansion of any -non -conforming use (as defined in Section 18, Zoning Ordinance No. 1695).created by this ordinance shall be approved as set forth in Section 19 of Zoning Ordinance No. 1695. 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. 1837 y Request of Weldon Steele to change property located south of Erskine Street and east of Frank - ford Avenue from "R-1 " to "R-211, "A-111, and "C-2 " Zoning Districts, The Planning and Zoning Commission recommended that lots 1-6 and 99-110 be changed to "R-2" and that Lot 224 be changed to "C -2". Mayor Turner called for proponents -and opponents to appear -before the City Council. Mr. Weldon Steele 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 Councilwoman Jordan, seconded -by.Councilman Baker, motion carried, Mayor Turner and Councilmen Hollingsworth, Jordan, Baker and Campbell voting Yea, none voting Nay to approve this zone change request subject to the con- dition that a 2.2 ratio parking be applied -to the "C-2 " Zone and to pass Ordinance No. 6457 on first reading; ORDINANCE NO. 6457 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 1695 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK SO AS TO MAKE THE FOLLOWING CHANGES: ZONE CASE NO. 1837: CHANGE LOTS 1-6, 99-110, SECTION 1, BLOCK J S, HORIZON WEST ADDITION, CITY OF LUBBOCK, LUBBOCK-COUNTY, TEXAS, FROM AN "R-l" TO AN "R-2" ZONING DISTRICT; AND CHANGE LOT 224, SECTION 1, BLOCK J'S, HORIZON WEST ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM AN "R-1" TO A "C-2" ZONING DISTRICT; SUBJECT TO CONDITIONS; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. 72-31-404-967 In accordance with the above Notice of Zoning Hearing, hearing was held on Zone Case No. 1841 - (4) Request of Dewie V. Rothwell to change property located south of 58th Street between Toledo Avenue and Utica Avenue from "R-V to "R-2" Zoning District. The Planning and Zoning Commission recommended that this request be granted. Mayor Turner called for proponents and opponents to appear before the City Council. Mr. Dewie V.Rothwell appeared before the City Council in support of this zone change request. Jim Bertram, Director,of Planning, presented 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 Councilman Baker, seconded by Councilman Campbell, motion carried, Mayor Turner and Council- men Hollingsworth, Baker and Campbell voting Yea, Councilwoman Jordan voting Nay to uphold the recommendation of the Planning -and Zoning Commission and pass Ordinance No. 6458 on first reading. ORDINANCE No. 6458 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. 1841: CHANGE LOTS 7 THRU 10, BLOCK 1, SLIDELL ANNEX ADDITION FROM AN "R-1" TO A "C-l" ZONING DISTRICT AND LOTS 4 THRU 6, BLOCK 1, SLIDELL ANNEX ADDITION AND A TRACT OF LAND SOUTH OF 58TH STREET TO THE ALLEY -BETWEEN TOLEDO AVENUE AND LOT 4 FROM AN-"R-1 ":•TO AN "R-2" ZONING DISTRICT; PROVIDING A'SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. 72-31-404-968 In accordance with the above Notice of -Zoning Hearing, hearing was held on Zone Case No. 1842 - (5) Request of Charles Patterson (for Trinity-Chruch) to -change property located north of Loop 289 and east of Elgin Avenue from an "R-1" to an "R-2 " Zoning District. The Planning and Zoning Commission recommended that this request be -granted subject to the condition that it be tied to church uses only., Mayor Turner called for proponents and opponents to appear before the City Council. Mr. Charles Patterson, Administrator for the Trinity Church, appeared before the City Council in support of this zone change request. Rev. Morris Sheats also appeared in support of this zone change request. Jim Bertram, Director of Planning, gave a summation of the recommenda- tions 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 Councilwoman Jordan, motion carried, Mayor Turner and Councilmen Hollingsworth, Jordan, 'Baker and Campbell voting Yea, none voting Nay to uphold the recommendations of the Planning and Zoning Commission and pass Ordinance No. 6459 on first reading.. ORDINANCE NO. 6459 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. 1842: CHANGE A- TRACT OF LAND OUT OF SECTION 12, BLOCK E-2, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM AN "R-1" TO AN "R-2 ZONING DISTRICT; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICA- TION. 72-31-404-969 In accordance with the above Notice of Zoning Hearing, hearing was held on Zone Case No. 921D - (6) Request of Derrell G. Jones to amend Specific Use Permit on property located south of 50th Street and Avenue Q South Drive between Avenue U and Avenue P. The Planning and Zoning Commission recommended that this request be granted subject to'the,-following conditions: 1. Tied to the site plan as presented. 2. Subject to approval by the Traffic Engineering Department on the driveway openings. 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 consideration of all information presented,.motion was made by Councilwoman Jordan, seconded by Councilman Baker, 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. 6460 on first reading. ORDINANCE NO. 6460 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 5064 OF THE CITY OF LUBBOCK COVERING ZONE CASE NO. 921 D, BY AMENDING THE CONDITIONS MADE A PART OF SUCH SPECIFIC USE -PERMIT; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 72-31-404 -970 In accordance with the above -Notice of Zoning Hearing, hearing was held on Zone Case No. 1001-A - (7) Request of Joe V. Boerner, Jr. (for First -National Bank) to change property located between Belmont Avenue and Chicago Avenue, south of .Brownfield Road from an "R-1',' Specific Use to a 11C-1" Zoning District and from an "R-l" Specific Use to an "A-1" Zoning District. The Planning and Zoning Commission recommended that this request be granted. Mayor Turner called for pro- ponents and opponents -to appear before the City Council. Mr. Joe V. Boerner, Jr. appeared be- fore the City Council, and introduced Mr. McKay who presented this zone case. 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 Councilwoman Jordan, motion carried, Mayor Turner and Councilmen Hollingsworth, Jordan, Baker and Campbell voting Yea, none voting Nay to uphold the recommendations of the Planning and Zoning Commission and pass Ordinance No. 6461 on first reading. ORDINANCE NO. 6461 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 1695 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK A SO AS TO MAKE THE FOLLOWING CHANGE: ZONE CASE NO. 1001J-A: CHANGE TRACT A, RANCHLAND TERRACE ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS FROM AN !"R-1" SPECIFIC USE" TO A "C-1" AND TRACT B, RANCHLAND TERRACE FROM AN "R-1" SPECIFIC USE" TO AN "A-1" ZONING DISTRICT: PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. 72-31-405-971 Councilman'John E. Baker did not participate in the hearing or in the City Council action on (8) Zone Case No. 1807. In accordance with the above Notice of Zoning Hearing, bearing was held on Zone Case No. 1807 - Request of the Planning and Zoning Commission to change property surrounding and adjacent to the proposed Memorial Center area from VR-311, 11C-411, "M-l" and "M-2 "-to "C-4 " Zoning District, The Planning and Zoning Commission recommended that this request be granted subject to con- ditions. Mayor Turner called for proponents and opponents to appear before the City Council, Orvile Alderson, Bob Nash, Bill Cantrell, Mrs. Schmidt, J. B. Hance, Harold Farris, Eleanor Fredrick, S. S. Forrest, Jr., C. L. Boggs and Alton Abbott, Jr. appeared before the City Council and made brief statements in regard -to this zone case. Jim Bertram, Director of Planning, gave a summation of the recommendations of the Planning and Zoning Commission and made the following statement. Mr. Mayor, I feel I have a joint responsib'lity here. One of reporting the findings of the Planning and Zoning Commission and their recommendations to you -and another responsibility to make additional recommendations in terms of what I feel like are our proper long range planning goals and policies for this particular area around the Civic Center in that I think few people have realized yet the uniqueness of this project and the impact of the public in- vestment in it. I do not think it has been fully realized. It is unlike any other area in town that has ever had a zone case around it. Basically I will review what the case is so there will be no misunderstanding about the area covered and what is intended. The intent of Zone Case No. 1807 as it was originally presented to the Planning and Zoning Commission in April, 1972, was to create an area immediately facing into the Civic Center area both public reuse area and the proposed commercial reuse area being'sold by the'Urban Renewal Agency but to create an area which builds in development standards comparable to development standards within the Civic Center so when one comes into the street pattern around the Civic Center that he is in an area where there are actually unique development standards that are not found any- where else within the City of Lubbock. Basically the case covered is 1/2 block west of Avenue Q facing into the Civic Center -Project approximately 160 feet north of the north right of way fine of 4th Street facing this project, the corner bounded by 6th Street and what will be Avenue 0 of the project, the 1/2 block facing into the project on the east side of Avenue K facing into the prcrject on the 1/2 block to the alley facing into the project on 10th Street. Again the original recommendations were to build in development standards both permitted uses and sign standards as found in the Urban Renewal Plan approved and adopted by the Planning and Zoning Commission and the City Council. This recommendation was made to the City Council in a hearing. After a number of problems arose, the City Council asked that several things be done. Mayor: Will you review what the original recommendation was? Jim: The original recom- mendation of the -Planning and Zoning Commission was to grant the area in this, grant the zoning C-4 limited to the uses basically that are found in the Memorial Civic Center Re -use Area. Do you want me to read these individual uses? Mayor: Not unless you think it pertinent. Jim: They were restricted more or less to facilities which were related directly to the Civic Center itself rather than open C-4 uses. In terms of sign standards, after being studied and tabled and restudied by the Planning and Zoning Commission, they came back basically with the sign standards that are found in the Memorial Civic Center and that is covered by one type signs basically and that is a facia sign which will require signs to be flat against the wall of the building, that the letter faces would have to be perpendicular to the wall and could not ex- tend further out than 2 feet, that the sign area could not exceed 1 1/2% of the floor area of the commercial use on the tract. After this came to the Planning and Zoning Commission, rather -to the City Council, it met with very stiff opposition both with land uses and signs. The City Council referred it back to the Planning and Zoning Commission asking that several things be restudied. Primarily the sign regulations themselves suggesting that a sign committee made up of citizens and an ex officio, I was an ex officio member to that sign committee, be made up of local citizens and they restudy the sign recommendations and they make recommendations to the Planning and Zoning Commission. This committee was formed and chaired by Mr. Bob Nash and made up of approximately six members made up of people that were found to be both on the extreme end of the sign issues wanting them exactly as in the Civic Center and on the other hand seeking or approaching the standards found in the exising zoning, open C-4. So in addi- tion the sign committee was to look at the non -conforming uses and to look at the possiblity of -expanding uses, the fact that they might be too restrictive, and to look at the possibility of the several discussions that there is an isolated corner up here that might not be in the case. These were the items that were restudied. The sign committee met for some four weeks and finally made a recommendation to the Planning and Zoning Commission which greatly expanded the facia sign which was the only sign permitted. The recommendation was still that the sign should pertain to identification of the primary use, prohibiting or precluding accessory signs. They expanded the sign area to allow an either/or type situation with the original 1 1/2% of the gross floor area or one square foot sign for each lineal foot of lot frontage that would allow them some flexibility depending on whether they have a large lot or they go to a multi- story type development. The signs were expanded not only to include the original facia sign but a free standing sign - one per development lot provided that it not exceed a height of 30 feet, that no part of the sign project horizontally beyond the property line and that there be a minimum horizontal separation of 90 feet between free standing signs in an attempt to limit the number as well as the height. It would allow canopy signs, temporary signs to advertise property for sale, public service signs for the depiction of time, temperature and news. The restricted sign design requires all signs not be visible from the exterior of the building i and that hanging, exposed neon without background letters, flashing roof signs be prohibited. Went on further to require the removal of abandoned business signs and -create an abatement time of eight years for those signs which would be made non -conforming by the case. These basically were the recommendations of the sign committee to the Planning and Zoning Commission. An 1. additional area was the handling of the uses that would be made non -conforming. It was first felt that because this was a condition of the zone case that the non -conforming uses to expand would have to come back and re -initiate a case. After discussing this in depth, the legal department felt that they could come within Section 18 of the Zoning Ordinance which allows one public hearing before the Zoning..Roard of Adjustments an appointed citizen group to review variances. One -other area -that the Planning and Zoning Commission covered and the change -is reflected in your recommendations of the Planning and Zoning Commission. There was some. -feeling that because the area north of 4 th-Street was industrial, it would probably con- tinue to be industrial, that the permitted uses be expanded. The Planning and Zoning Commission asked the staff to expand those uses and basically what was done was that this area was allowed to have all those permitted uses that were listed for the.balance.Qf.the area and, in addition they would be allowed to have any C-4 use unconditionally allowed in the ,C-4 zone provided that no outside storage of any type be permitted and that they meet the development standards -such as setbacks, signs, what -have -you so there would be standards built in even though it is C-4. At the.public.hearing it was pointed out that.after study by the.staff that the extreme north- east.corner.that there was a triangle owned by Forrest Lumber Company that was more or less isolated as.a retail tract in that it had -no access because of the ground separation of the railroad and because of the railroad.track itself so it was recommended that it be dropped out. What the. -Planning and Zoning.Commission is recommending is that the entire frontage onto 4th Street,involving Forrest Lumber Company also be dropped out of the case and that 160 foot depth off 4th Street be reduced to 100 feet. This basically, and the changes that are reflected, is the recommendation of the.Planning and Zoning Commission. I'd like to personally say that I was an ex officio, non -voting, member of the sign committee. They viewed two extreme issues on a sign issue. I did not agree with individual opinions in all cases and was not entirely in agreement with the committee's recommendations as a whole but do feel that as a whole it was a reasonable compromise in view of the extreme position held on.two sides of the sign issue, that being signs comparable to Civic Center area vs the wide open situation. I think that what the sign committee came up with after some four weeks of study was a reasonable compromise as could be .expected considering the views of the people and extreme positions. In light of the ordinance as a whole, I would recommend: '(1) The sign as recommended be adopted which would limit the sign height -to 30 feet. The 55 feet is unjustified considering the type area we are trying to create in the Civic Center. You are going to have an area where even the utilities are underground and that the signs themselves will be flat against the building. I think the contrast of 55 feet pylon signs adjacent to,an area like this is only going to accentuate the extreme size of the signs outside the Civic Center and those signs that are non -conforming have eight years for compliance which will be well beyond the time the Civic Center is completed and hopefully the -time that the commercial areas themselves.are completed. I recommend they expand one use basically because trailer sales are existing in the area now. They added trailer sales as a -permitted use. This is an attempt to keep.those existing uses from becoming non -conforming. I think leaving them out as a permitted use would allow these uses to continue but it would preclude any additional businesses from going in around the Civic Center. Mayor: Now say that again Jim. This is the sign committee's recommendations? Jim: No. This is the Planning and Zoning Commission's recommendations on additional uses. Mayor:' In other words, keep the uses that are there. Jim: Allow the uses that were in the original ordinance but then add trailer sales as permitted use. Mayor: You mean anywhere in that area? Jim: Anywhere in the area. Yes sir. Mayor: Could.buy land and put another trailer sales.in? Jim:. The way it is written now it is possible but not necessarily probable but it is possible. The other recommendation is that triangular piece of Forrest Lumber Company would not be reasonable commercial property in that it.is almost totally inaccessible off 4th Street. That lagicaily could be dropped out because Forrest had the truck operation in this Lumber Company.which .is basically an industrial fabrication process that would require individual zoning. Again he was asking that the Planning and Zoning Commission drop this to 100' setback in order to take truck operation out of the zone case. Instead the Planning and Zoning Commission recommended dropping the whole tract. I'd recommend that it be left in. I do not think it would be unreasonable to reduce it to 100' but still I do not think there could be a need to reduce it. Mayor: You do not mean to drop the whole tract out - that is M-1"? Jim: That is M-2. So -in summary I, even on the sign issue, changed some of my opinions to a certain extent after hearing the two sides but again I think a committee that has studied this four weeks and made a recommendation after considerable study that the recommendation should have been considered a.little stronger by the Planning and Zoning Commission rather than changing them in the very late hour of the -meeting. If there are any questions that I might not have covered that you have at this time, I would be happy to cover them. No one else came forward; whereupon, Mayor Turner announced.that the hearing was closed. After consideration of all information presented, motion was made by Councilwoman Jordan, seconded by Councilman Hollingsworth, motion carried, Mayor Turner and Councilmen Hollingsworth, Jordan and Campbell voting Yea, none voting Nay to approve Section 1 as recommended. Motion was made by Councilwoman Jordan, seconded by Councilman Hollingsworth, motion carried, Mayor Turner and Councilmen Hollingsworth, Jordan, Campbell voting Yea, none voting Nay to delete Section 2 from this zone case. Motion was made by Councilwoman Jordan, seconded by Councilman Campbell to eliminate trailer sales from Section 3. The vote was as follows: Councilwoman Jordan and Councilman Campbell voting Yea, Mayor Turner and Councilman Hollingsworth voting Nay. This motion did not carry due to a tie vote. Motion was made by Councilman Hollingsworth, seconded by Councilwoman Jordan to approve Section 3 as recommended. The vote was as follows: Councilman Hollingsworth and Councilwoman Jordan voting Yea, Mayor Turner and Councilman Campbell voting Nay. This motion did not carry due to a tie vote., Motion was made by Councilman Hollingsworth, seconded by Councilwoman Jordan that a section be added to this ordinance to authorize presently located trailer sales in this area not be covered by this ordinance and that the ones presently located may be allowed to expand at their dis- cretion. Councilwoman Jordan withdrew her second to this motion; therefore, it was not voted on. Motion was made by Councilwoman Jordan, seconded by Councilman Hollingsworth that Section 3 be approved as presented. This motion carried by the following vote: Mayor Turner and Council- men Hollingsworth and Jordan voting Yea, Councilman Campbell voting Nay. w-_. Motion was made by Councilman Hollingsworth, seconded by Councilwoman Jordan, motion carried, Mayor Turner and Councilmen Hollingsworth, Jordan, and Campbell voting Yea, none voting Nay that Section 4 be approved as presented. Motion was made by Councilman Hollingsworth, seconded by Councilwoman Jordan, motion carried, Mayor Turner and Councilmen Hollingsworth, Jordan and Campbell voting Yea, none voting Nay that Section 5 be approved as presented. Motion was made by Councilwoman Jordan, seconded by Councilman Hollingsworth, motion carried, Mayor Turner and Councilmen Hollingsworth, Jordan and Campbell voting Yea, none voting Nay that Section 6 be approved as presented. Motion was made by Councilwoman Jordan that Section 7 be approved as presented. This motion died for want of a second. Motion was made by Councilwoman Jordan to eliminate free standing and canopy from Section 7. This motion died for want of a second. .. Motion was made by Councilwoman Jordan, seconded by Councilman Campbell that the City Attorney draft a new Section that Will deal with bill boards. Councilman Campbell withdrew his second; therefore, this motion was not voted on. Motion was made by Councilman Hollingsworth that the City Council adopt Items 1 and 2 under Sub -section C of Section 7 with wording changed to 30 feet on No. 2, This motion died for want of a second. Motion was made by Councilman Hollingsworth to adopt Items 4 and 5 under Sub -section C, adopt Items 1 and 2 under Sub -section D, adopt b-section 19, under Sub -section -F, adopt Items 1, 2, and 3 and new Item 4 stating billboards shall become non -conforming for 15 years. This motion died for want of a second. Motion was made by Councilman Hollingsworth, seconded by Councilwoman Jordan to approve Items 3, 4 and 5 down through "e" under Sub -section 7. The vote was as follows: Mayor Turner and Councilman Hollingsworth voting Yea, Councilwoman Jordan and Councilman Campbell voting Nay. This motion did not carry. Motion was made by Councilwoman Jordan that the City Council approve Sub -sections A through E under Section 7 and delete Items 2 and 3 under Sub -section F. This motion died for want of a second. Motion was made by Councilman Hollingsworth to deny all of Section 7. This motion died for want of a second. Motion was made by Councilwoman Jordan that Section 7 be approved as submitted by the Planning and Zoning Commission with the elimination of "C-2" and "C-3" zones. This motion died for want of a second. At this time Jack Baker, who had excused himself from consideration of this zone case, appeared before the City Council representing Lubbock Poster Company. Mr. Baker stated that his company has bill boards in this area and he feels they should be allowed to remain. Motion was made by Councilwoman Jordan that Items 2 and 3 of Sub -section C and all of Sub- section F be deleted except that billboards be non -conforming and be allowed. This motion died for want of a second. Motion was made by Councilman Hollingsworth, seconded by Councilwoman Jordan that "a" under Item 7-C-2 be changed to read 30 feet and that "b" be approved as stated. This motion was amended by a motion by Councilwoman Jordan, seconded by Councilman Campbell to authorize the above section to read 21 feet. The vote on the amendment to the motion was as follows: Councilwoman Jordan and Councilman Campbell voting Yea, Mayor Turner and Councilman Hollings- worth voting Nay. This motion failed to carry. A vote was then taken on the first motion that under Sub -section C of Section 7 (advertising) sign type be permitted and that 30 feet signs be allowed and a 90 foot separation be required between signs; also this motion, that on Sub- section F Non -abatement existing billboards shall be non -conforming. This motion carried with the vote as follows: Councilmen Hollingsworth, Jordan and Campbell voting Yea, Mayor Turner voting Nay. Motion was made by Councilwoman Jordan, seconded by Councilman Hollingsworth, motion carried, Mayor Turner and Councilmen Hollingsworth, Jordan and Campbell voting Yea, none voting Nay to approve Section 8 as presented. Motion was made by Councilman Hollingsworth, seconded by Councilwoman Jordan, motion carried, Mayor Turner and Councilmen Hollingsworth, Jordan and Campbell voting Yea, none voting Nay to approve Section 9 as presented. Motion was made by Councilman Hollingsworth, seconded by Coucilwoman Jordan, motion carried, Mayor Turner and Councilmen Hollingsworth, Jordan, Baker and Campbell voting Yea, none voting Nay to pass Ordinance No. 6462 on first reading. II ORDINANCE NO. 6462 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 1695 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK SO AS TO MAKE THE FOLLOWING CHANGE ON PROPERTY ADJACENT TO THE MEMORIAL CIVIC CENTER: THE ! WEST ONE-HALF OF BLOCKS 6, 22, 38, 54, 70 AND 86, ORIGINAL TOWN; LOTS 1, 2, 3, 4 AND 5, BLOCK 102, ORIGINAL TOWN; THE NORTH -ONE HALF OF BLOCKS 97, 98, 99, 100 AND 101, ORIGINAL TOWN; THE NORTH ONE-HALF OF BLOCK 134, OVERTON ADDITION; LOTS 1, 2 AND 3, BLOCK 118, OVERTON ADDITION; THE EAST ONE-HALF OF BLOCKS 106, 109, 113, 114 AND 117, OVERTON ADDITION; LOT 3, BLOCK 3, ROBERTS AND McWHORTER ADDITION; LOTS A AND B, BLOCK 2, GARLAND SUBDIVISION; THE EAST 49.5 FEET OF THE NORTH 26.0 FEET OF LOT 16, BLOCK 2, GARLAND SUBDIVISION; LOTS 1, 2, 13, 14 BLAKE'S SUBDIVISION OF BLOCK 1 OF ROBERTS & McWHORTER ADDITION; SOUTH 100' OF LOTS 1, 4, 11 and 12, RICHMOND ADDITION; THE SOUTH 100' FEET OF LOT 14, BLOCK 8, WILLIAM TUBBS ADDITION; BLOCKS 1 AND 2, RATLIFF ADDITION; LOTS 1 AND 2, SAFEWAY ADDITION; ALL OF BLOCKS 5 AND 6, MERRITT AND : 12 WILD ADDITION; ALL OF BLOCK 1, ORIGINAL TOWN, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS; CHANGE ALL OF THE ABOVE FROM THEIR PRESENT "R-P , "C-4", "M-1" OR "M-2" TO "C-4" ZONING DISTRICT: SUBJECT TO CONDITIONS; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 72-31-406B-971A On motion by Councilwoman Jordan, seconded by Councilman Hollingsworth, motion carried, Mayor Turner and Councilmen Hollingsworth, Jordan, Baker and Campbell voting Yea, none voting Nay that the following resolution be passed. RESOLUTION WHEREAS, the Planning and Zoning Commission of the City of Lubbock denied the requested Zone Change in Zone Case No. 1840, and WHEREAS, the City Council desires to have an appeal from such denial heard; NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City Council does hereby express its desire that Zone Case No. 1840 be appealed and directs that a copy of this Resolution be forwarded to the Secretary Commission as an indication of its notice of appeal in addition to any otherthe writtenning noticedofoning appeal given in its behalf. Passed by the City Council this 27th day of September, 1972. Isl Morris W. Turner Mayor ATTEST: Is l Lavenia Lowe City Secretary -Treasurer APPROVED AS TO FORM: /sl Fred 0. Senter, Jr City Attorney NO FURTHER BUSINESS COMING UP FOR CONSIDERATION, THE CITY COUNCIL ADJOURNED FROM REGULAR MEETING, SEPTEMBER 27, 1972. MORRIS W. TURNER, MAYOR ATTEST: Lave"a Lowe, City Secretary -Treasurer READ AND APPROVED THIS THE 12TH DAY OF OCTOBER, 1972. MORRIS W. TURNE , MAYOR ATTEST: Lavenia Lowe, City Sec tart' -Treasurer