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HomeMy WebLinkAboutMinutes - City Council - Regular - 3/22/196794 MAR 2 N 1967 March 22, 1967 REGULAR 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 W. D. Rogers, Jr.-, and Councilmen James H. Granberry, Jack Kastman, Ray J. Diekemper, Jr., and W. E. Medlock, City Attorney Fred 0. Senter, Jr., City Manager W. R. Blackwell, Assistant City Manager Robert Wilson and City Secretary -Treasurer Lavenia Lowe. Absent: None 67-26-93-254 Invocation was given by Councilman Jack Kastman. 67-26-93-255 NOTICE OF CITY.COUNCIL HEARING (2) NOTICE -is hereby given to owners of the property hereinafter described or referred to and to all other persons as provided by law, that the City Council will hold a public hearing on the 22nd day of March, 1967, 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 recom- mendation: ZONE CASE NO. 1458 - Request of J. L. Murfee, Jr. to change a tract of land out of Section 18, Block B, Lubbock County, Texas, from an ""R-1" to a "C-4" Zoning District. Property is further described by metes and bounds to wit: BEGINNING at a point 1980' west of the southeast corner of said Section 18, Block B; THENCE West 660'; THENCE North 546.7'; THENCE East 660'; THENCE South 546.7' to the PLACE OF BEGINNING. (North side of 50th Street east of Utica Avenue) The Planning and Zoning Commission recommended to the City Council that this request be granted subject to the following conditions: 1. That development be limited to a New Car Dealership. 2. That a solid 6' permanent -type screening fence be erected and permanently maintained along the north property line and along the west property line extending from the north to a point even with the south line of 49th Street, west of Utica Avenue. Said fence shall have no openings and shall be constructed prior to or concurrently with the initial building permit. 3. That a1minimum 100' building setback be observed from all porperty lines. If 30' is later dedicated along.the east property line as a public street, the setback along the east side may be 70'. 4. That all ingress and egress be from the south property line. 5. That a 20' east -west alley be dedicated &long.the north property line in line with the alley east of Salem Avenue. That the property between said alley and 48th Street be deed restricted to single family home development in such a manner that the deed restric- tion could not be lifted without the consent of all the owners of the lots on the north side of 48th Street between Utica and Toledo Avenue. 6. That all lights be hooded and/or faced so that light will be reflected away from adjoin- ing residentially zoned property. 7. That si ns be limited -to the following: a, One pylon sign set back a minimum of 43' from any property line, not over 45' in total height -and not over 640 square feet in area. b. All other signs to be located flat against the wall of the building. ZONE CASE NO. 1460 - Request of J. C. Davis and John E. Pelley to change Lot 9, Block 16, Vandelia Village Addition, City of Lubbock, Lubbock County, Texas, from an "R-2" to an "R-3 " Zoning District and to change "Old Wolfforth Road" between Avenue P and Avenue U, City of Lubbock, Lubbock County, Texas, from an "R-i" to an "R-3" Zoning District. (Lot 9, Block 16, Vandelia Village is -located -about 85' north of "Old Wolfforth Road" on the east side of Avenue T) The Planning and Zoning Commission recommended to the City Council that the request on Lot 9, 9 � 2 1967 Block 16, Vandelia Village Addition be denied. Recommended that the north 1/2 of "Old Wolfforth Road" from Avenue P to the alley between Sherman Avenue and Avenue T be changed to "R-2". Recom- mended also that the property between Lot 16, Block 14, Vandelia Village Addition and 66th Street be changed to "R-2". ZONE CASE NO. 701-A - Request of Leroy Elmore (for Monterey Center, Inc.) that Ordinances 2183 and 2215 as pertains to 200' building setback lines for vehicular parking, from 50th Street and from Gary Avenue, on Tract A, Monterey Center Addition, City of Lubbock, Lubbock County, Texas, be changed to delete these setback requirements. (Between 50th & 54th Streets and Elgin & Gary Avenues) The Planning and Zoning Commission recommended to the City Council that this request be granted subject to condition that development be tied to the site plan presented and discussed at the Planning and Zoning Commission hearing on 3-2-67. Said plan being•on file in the office of the Secretary, Planning and Zoning Commission. IAVENfA LOWE, City Secret ry-Treasurer City of Lubbock, Lubbock County, Texas In accordance with the above Notice of Zoning Hearing, hearing was held on Zone Case No. 1458 - Request of J. L. Murfee, Jr., to change property located on the north side of 50th Street, east of Utica Avenue from "R-l" to "C-4" zoning district. The Planning and Zoning Commission recommended that this request be granted, subject to the following seven conditions: 1. That development be limited to a new car -dealership. 2. That a solid .6' permanent type screening fence be erected and permanently maintained along the north property line and along the west property'line extending from the north to a point even with the south line of 49th Street,'west of Utica Avenue. Said fence shall have no openings and shall be constructed prior to or concurrently with the ini- tial building permit. 3. That a minimum 100' building setback be observed from all property lines. If 30' is later dedicated along the east property line as a public street, the setback along the east side may be 70'. 4. That all ingress and egress be from the south property line. 5. That a 20' east -west alley be dedicated along the north property line in line with the alley east of Salem Avenue. That the property between said alley and 48th Street be deed restricted to single family development in such a manner that the deed restriction could not be lifted without the consent of all the owners of the lots on the north side of 48th Street between Utica and Toledo Avenues. 6. That all lights be hooded and/or faced so that light will be reflected away from adjoin- ing residentially zoned property. 7. That signs be limited to the -following: a. One pylon sign setback a minimum or 43' from any property line, not over 45' in total height and not over 640 square feet in area. b. All other signs to be located flat against the wall of the building. Approximately 60 persons were present in the City Council Chamber in connection with this zone change request. Mr. J.. L. Murfee, Jr., Mr. Roger Meier, Mr. Earl Lockhart, Mr. Billy Meeks and Mr. Joe Phillips appeared before the City Council in support of this zone change request. Mr. Jan Fouts, Attorney, appeared before the City Council representing approximately 50 persons in opposi- tion to this zone change request. Also appearing before the City Council in opposition to this zone. change request were the following homeowners: Mr. A. W. Loutherback - 4706 48th Street Mr. Eugene Ezell - 4710 48th Street Mr. Dale Sumerlin - 4520 48th Street Mr. Glenn Bailey - 4517 48th Street Mr. James L. Hancock - 4916 48th Street - After due discussion of all-informati-on presented, Mayor Rogers announced that the hearing was closed. 'Motion was then made by Councilman Granberry, seconded by Councilman Diekemper, motion carried, Mayor Rogers and Councilmen Granberry, Kastman, Diekemper and Medlock voting Yea, none voting Nay, to overrule the recommendation of the Planning and Zoning Commission and DENY the request of Zone Case No. 1458 for•"C-4" zoning. 67-26-94-256 In accordance with the above Notice of Zoning Hearing, hearing was held on Zone Case No. 1460 - (3) Request of J. C. Davis and John E. Peiley to change Lot 9, Block -16, Vandelia Village Addition, , being about 85' north of 'Old Wolfforth Road" on the east side of Avenue T from "R-2" to "R-3" and to change "Old Wolfforth Road" between Avenues P and U from "R-l" to "R-3" zoning district. The following recommendations were made by the Planning and Zoning Commission: " 1. That the request for zone change to "R-3" on Lot 9,•Block 16, Vandelia Village Addition be denied. 2. That the north 1/2 of Wolfforth Road from Avenue P to the alley between Sherman and and Avenue T be changed to "R-2" zoning district.' 3. That the property located between Lot 16, Block 14, Vandelia Village Addition and 66th Street be changed to "R-2" zoning district. Mr. R. W. Burr, Director of Planning and Traffic, appeared before the City Council and presented ��5 MAR 2 2 1967 67-26-95-257 (4) 67-26-95-258 (5) the reicommendations of the Planning and Zoning Commission. Mayor Rogers called for proponents and opponents to appear before the City Council, but no one came forward; whereupon Mayor Rogers announced that the hearing was closed. After consideration of all facts presented, motion was made by Councilman Kastman, seconded by Councilman Medlock to uphold the recommendation of the Planning and Zoning Commission as set out in the above.Notice of Zoning Hearing, After additional discussion by the City Council, Mayor Rogers called for a vote on this motion; the vote was as follows: Motion carried with Mayor Rogers and Councilmen Kastman and Medlock voting Yea, Council- men Granberry and Diekemper voting Nay. Ordinance No. 5216 being hereby passed on first reading. ORDINANCE NO. 5216 AN.ORDINANCE AMENDING ZONING ORDINANCE NO. 1695 AND THE OFF-ICIAL MAP OF THE CITY OF LUBBOCK SO AS TO MAKE THE FOLLOWING CHANGE: ZONE CASE NO. 1460: CHANGE THE NORTH 1/2 OF "OLD WOLFFORTH ROAD" FROM AVENUE P TO THE ALLEY BETWEEN SHERMAN AVENUE AND AVENUE T FROM.AN "R-1" TO AN "R-2 " ; AND THAT THE PROPERTY BETWEEN LOT 16, BLOCK 14, VANDELIA VILLAGE ADDITION AND 66TH STREET BE CHANGED FROM AN "R-1" TO AN 11R-2". In accordance with the above Notice of Zoning Hearing, hearing was held on -Zone Case No. 701-A - Request of Leroy Elmore (for Monterey Center, Inc.) that the 200' setback requirement in Ordinances 2153 and 2215 for vehicular parking from. 50th Street and from Gary Avenue on Tract A, in Monterey Center Addition be deleted. This property being located -between 50th and.54th Streets and Elgin and Gary Avenues. The Planning and Zoning Commission recommended that this request be granted, subject to the development being tied to the site plan presented and discussed at the Planning and Zoning Commission hearing on March 2, 1967. Mr. Leroy Elmore appeared before the City Council in support of this zone change request. Mayor Rogers called for opponents to appear before the City Council, but no one came forward; whereupon Mayor Rogers announced that the hearing was closed. After consideration of all information presented, motion was made by Councilman Medlock, seconded by Councilman Granberry, motion carried, Mayor Rogers and Councilmen Granberry, Kastman and Medlock;, voting Yea, Councilman Diekemper voting Nay, to.uphold the recommendation of the Planning and II Zoning Commission and pass Ordinance No. 5217 on first reading. ORDINANCE NO. 5217 AN ORDINANCE AMENDING ORDINANCE NO. 21.83 SO AS TO CHANGE CONDITION 2 -IN SECTION 1 OF SAID ORDINANCE TO ELIMINATE THE BUILDING SET BACK LINE; AMENDING NO. 2215 SO AS TO CHANGE CONDITION 2 OF SECTION 2 OF SAID ORDINANCE SO AS TO ELIMINATE BUILDING SET BACK LINE; BOTH PERTAINING TO TRACT A, MONTEREY CENTER ADDITION AS MORE PARTICULARLY DESCRIBED IN THE BODY OF THIS ORDINANCE. 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 22nd day of March, 1967 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 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 recommendations: Proposed Amendment to Zoning, -Ordinance Present Wording Proposed Wordin Section 6.1-5 Tool house and/or construc- tion. shed to be used for construction purposes only and field offices for the sale of real estate such uses to be con- sidered as a temporary permissive license only, and provided, further, that the Building Instpector is hereby authorized to revoke such license and order the removal of such tool house and/or con- struction shed and/or field office for the sale of real estate at any time after ten days written notice to the person, firm or corporation owning, using, op- erating out of, or possessing.or having an interest in such tool house and/or construction shed, and/or field office for the sale of real estate. None Section 8.1-3 Convalescent homes. Section 8.1-9 Public parking area -Section 8C.6 Height Limit The maximum height of buildings shall be 35' pro vided, however, that buildings may be .erected to a height not exceeding 75' when the side and rear yards are increased an additional foot for each foot such buildings exceed 35 feet in the front Section 6.1-5 Tool houses, trailer coaches, or construction sheds to be used as living quarters for guards, or for offices or construction purposes only, or field offices for the sale of real estate. Such uses shall be permitted on a temporary basis only. The Building Inspector is hereby authorized to approve these uses and to order the removal of such tool houses, trailer coaches, construction sheds, and/or field offices at any time after ten days written notice to the person, firm, or corporation making use of same. Failure to comply will constitute a violation of this Ordinance. Section 2.96A School, private. An insti- tution of learning having a curriculum equivalent to public schools (does not include specialty schools, such as dancing, music, beauty, mechanical, trade, swimming or commercial schools). Section 8.1-3 Convalescent, Orphan, and '.'Old Age" Homes. Section 8.1-9 Parking area. Maternity, Section 8C-6 Height Limit - The maximum height -of buildings, ordinarily, shall be 35 feet. However, buildings may be erected to a height of 75' when the or- dinarily required side and rear yard setbacks are increased one foot for each foot that such buildings exceed a height 96 MAR 2 2 1967 Section 8C.6 (cont'd.) yard 1/2' setback far each 1 foot above 35' in height. Provided further that said lot is a minimum distance of 175' from any boundary of the Medical Dis- trict. None Section 12.1-54 Muffler Shops None Section 14A.5 A building permit shall be applied for and secured within ten months from the time of granting of the SPECIFIC USE PERMIT provided, however, that the City Council may authorize an extension of this time upon recommendation by the City Planning and Zoning Commission. Section 15.2-2 Height Structures permitted above height: Pent- house or roof structures for the housing of elevators, stairways, tanks, ventila- ting fans or similar equipment required to operate and maintain the building, and fire or parapet walls, skylights, towers, steeples, roof -ssi,ns, flag poles, chimneys, smokestacks, wireless masts-, water tanks, silos, grain elevators, or similar structures may be erected above the height limits herein prescribed, but no penthouse or roof structure, or any space above the height limit shall be allowed for the purpose of providing addi- tional floor space. Section 16.2-3 Not less than 3 feet from the side lot line, when not constructed, intended, or used for human occupancy at any time, except on corner lots. Section.8C.6 (cont'd.) of 35 feet and when the ordinarily re- quired front yard setback is increased one-half foot for each -foot that such^ buildings exceed a height of 35 feet; provided further that all of the develop- ment lot is a minimum distance of 175' from any boundary of -the Medical District. Section 11.1-20 Muffler Shop Section 12.1-54 Delete Section 12.1-54 Motorcycle Shop (includes sales, rentals and services). Section 14A.5 A building permit shall be applied for and secured within ten months after -the effective date of the Specific Use Permit Zone Change. Section 15.2-2 Height Structures permitted above height: Penthouse or -roof structures for the housing of elevators, stairways, tanks, ventilating fans, or similar equipment required to operate and maintain the building, and fire or parapet walls, skylights, towers, steeples, flagpoles, chimneys, smoke- stacks, wireless masts, water tanks, silos, grain Alevators, or similar structures may be erected above the height limits herein prescribed, but no penthouse or roof structure, or any space above the height limit shall be allowed for the purpose of providing additional floor space. Section 16.2-3 Not less than 3 feet from the side lot line, when not constructed, intended, or used for human occupancy at any t ime Z6�-Pv; LAVENIA LOWE, City Secretary -Treasurer City of Lubbock, Lubbock County, Texas In accordance with the above Notice of Zoning Hearing, hearing was held on proposed amendments to the -Zoning Ordinance found in Sections 6.1-5, 2,96A, 8.1-3, 8.1-9, 8C.6, 11.1-20, 12.1-54, 14A.5, 15.2-2, and 16.2-3. Mr. R. W. Burr, Director of Planning and Traffic, presented to the City Council the recommendations of the Planning and Zoning Commission. Mayor Rogers called for proponents and opponents to appear before the City Council, but no one came forward; whereupon Mayor Rogers announced that the hearing was closed. After consideration of all information pre- sented, motion was made by Councilman Kastman, seconded by Councilman Diekemper, motion carried, Mayor Rogers and Councilmen Granberry, Kastman, Diekemper and Medlock voting Yea, none voting Nay, to uphold the recommendation of the Planning and Zoning Commission and pass Ordinance No. 5218 on first reading. ORDINANCE NO. 5218 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 1695 BY ADDING A NEW SECTION 2.96-A PERMITTING PRIVATE SCHOOLS; ADDING A NEW SECTION 11.1=20 WHICH ALLOWS MUFFLER SHOPS; ADDING A NEW SECTION 12.1-54 WHICH ALLOWS MOTORCYCLE SHOPS; BY CHANGING SECTION 6.1-5-TO ALLOW -TRAILER COACHES; BY CHANGING SECTION 8.1-3 SO AS TO ALLOW ORPHAN, MATERNITY AND OLD AGE HOMES; BY CHANGING SECTION 8.1-9 SO AS TO ALLOW PARKING AREA; BY CHANGING SECTION 8C.6 GOVERNING HEIGHT LIMIT; BY CHANGING SECTION 14A.5 GOVERNING SPECIFIC USE PERMITS; BY CHANGING SECTION 15.2-2 GOVERNING HEIGHT; BY CHANGING SECTION 16.2-3 GOVERNING SIDE LOT LINES; AND BY DELETING SECTION 12.1-54 PERMITTING MUFFLER SHOPS. 67-26-96-259 The City Council discussed changes in conditions imposed by Zoning Ordinance No. 4236, Zone Case (6) No. 1163. This change in the conditions having been requested by the adjacent property owner. After due discussion, motion was made by Councilman Medlock, seconded by Councilman Diekemper, motion carried, Mayor Rogers and Councilmen Granberry, Kastman, Diekemper and Medlock voting Yea, none -voting Nay, that no changes be made in the conditions imposed by Ordinance No. 4236. 67-26-96-260 Motion by Councilman Granberry, seconded by Councilman Kastman, motion carried, Mayor Rogers and (7) Councilmen Granberry, Kastman, Diekemper and Medlock voting Yea, none voting Nay, to authorize the appointment of Eugene Ezell as member of the Planning and Zoning Commission to fill the un- expired term of Joe Baldridge. Mr. Ezell's term to expire November 16, 1967. This is a nine member board;.other members being: Roy Jennings, W. B. Holmes, Arnold Maeker, R. D. Whipple, Sr., Charles B. Jones, Nolan Barrick, Lonnie Hollingsworth and Tom R. Scarborough. 67-26-96-261 Motion by Councilman Diekemper, seconded by Councilman Medlock, motion carried, Mayor. -Rogers and (8) . Councilmen Granberry, Kastman, Diekemper and Medlock voting Yea, none voting Nay, to authorize MAR 2 2 196; of George Long. Mr. Davis' term to expire August 8, 1968. This is a six member board; other members being: Frank E. Caldwell, Father Aiden Donlon, Rev. Phil Widmer, Rev. Herman Williams at Bill. Sharply. 67-26-97-262 Motion by Councilman Kastman, seconded by Councilman Medlock, motion carried, Mayor Rogers and (9) Councilmen Granberry, Kastman, Diekemper and Medlock voting Yea, none voting Nay, to authorize tt appointment of. Don D. King as a member of the Parks and Recreation Commission to replace Bill DW whose term expires March 31, 1967. Mr. King's term for five years to expire March 31, 1972. Thi is a five member board; other members being: Charles M. Whitson, James Earl Walker, Henry L. Huneke and Kent Wagonseller. NO FURTHER BUSINESS COMING UP FOR CONSIDERATION, THE CITY COUNCIL MEETING, MARCH 22ND, 1967. r� ATTEST LA IA LOWS, Ci y Secretary -Treasurer READ AND APPROVED THIS THE 13TH DAY OF APRIL, 1967_ ATTEST• fr LA IA LOWE, City -Secretary -Treasurer FROM REGULAR