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HomeMy WebLinkAboutMinutes - City Council - Regular - 8/23/1967AUG 2 3 1967 August 23, 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, 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-Treausrer Lavenia Lowe. Absent: Jack Kastman, Councilman 67-26-254-706 Invocation was given by Director of Planning and Traffic R. W. Burr. (1) 67-26-254-707 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 23rd day of August, 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 recommendation: ZONE CASE NO. 1485 - Request of E. G. Pharr (For Edna Parks Crawford, Fern Cone and L. A. Parks) to change a tract of land out of Section 4, Block 0, Lubbock County, Texas, from a "C-4" to an 'bI-l" Zoning District. Property is further described by metes and bounds to - wit: BEGINNING at a 1" iron pipe set 2587.5' north and 1664.4' east of an iron pipe at the south- west corner of said Section 4, Block 0. E. L. & R.R.R.R. Co. Survey, Lubbock County, Texas, said 1" iron pipe and beginning corner being 50' south of the centerline of East Broadway in its south right-of-way line, and 51.2' east of an iron pipe found for the northeast cor- ner of Tract 1, Block 1, Morrow Subdivision; THENCE East along the south line of E. Broadway Street a distance of 300' to a 1" iron pipe set for the southeast corner of this tract; THENCE South 300' to a l" iron pipe set for the southeast corner of this tract; THENCE West 300' to a 1" iron pipe set for the southwest corner of this tract; THENCE North 300' to the PLACE OF BEGINNING, and containing 2.06 acres of land. (Southeast corner Vanda Avenue and E. Broadway Street) The Planning and Zoning Commission recommended to the City Council that this request be granted subject to the following conditions: 1. That the use be limited to manufacture, assembly and sales of irrigation pumps. 2. That a solid 6' permanent type screening fence be erected (gates permitted) and permanently maintained along each property line. The fence may be wooden, masonary, or of prefinished metal panels spaced 6" apart. Said fence to be erected concurrently with or prior to the issuance of the first building permit. ZONE CASE NO. 1488 - Request of Edward W. Napier (for R. P. Montgomery) to change Lots 7 thru 12, Block 12, Southport Addition, City of Lubbock, Lubbock County, Texap, from an "R-1" to a "C-4" Zoning District. (South side of 41st Street and extending 360' west from Avenue P) The Planning and Zoning Commission recommended to the City Council that this request be granted sub ect to the following conditions: 1. That the use be limited to a new car dealership. 2. That lot coverage be limited to 25%. 3. That a solid 6' permanent type screening fence be erected and permanently maintained along the Avenue P property line and along the north line of the east -west alley. The fence along the Avenue P property line shall be sloped from a point 25' south of the south line of 41st Street to a height of 2V at the south line of 41st Street. Said fence shall be erected prior to or concurrently with the first building permit. No vehicular access shall be per- mitted thru either fence. 4. That a 40' building setback line be observed from the east -west alley (south property line). 5. That a 60' building setback line be observed from Avenue P. ZONE CASE NO. 1489 - Request of Marion T. Key (for Frenchman's Creek Corporation) for a Specific Use Permit Zone Change, under provisions of Section 14A.1-15 of the Zoning Ordinance, F for a dormitory on Lots 1-4 and 21-24, both inclusive, Block 98, Overton Addition, City of L r 1 AUG 2 3 196; Lubbock, Lubbock County, Texas. (Located between loth Street and Main Street, extending 200' west of Avenue X The Planning and Zoning Commission recommended to the -City Council that this request be granted. ZONE CASE NO. 1490 - Request of Leroy Elmore (for Fred West) to change a tract of land out of Section 10, B1ock.E-2, Lubbock County, Texas, from am "R-l" to a "C-4" Zoning District. Pro- perty is further described by metes and bounds to -wit: BEGINNING at a point 189.8'-south of the northwest corner of Section 10, Block E-2; THENCE South a distance of 1130.2' to a point; THENCE East a distance of 2640' to a point; THENCE North a distance of 639.9' to a point; THENCE North 72000' west along the south right-of-way line of Loop 289 a distance of 1950.3' to a point; THENCE North 770 44' west a distance of 378.5' to a point; - THENCE West along a line parallel to the south line of said tract a.distance of 242.1' to a point; THENCE South around a curve having a radius of 215' a distance of 232.5' to a point; THENCE West 58.8' to the PLACE OF BEGINNING. (South of Loop 289 extending 2640' east of -Slide Road) The Planning and Zoning Commission recommended to the City Council that this request be granted subiect to the following conditions: 1. That the use be limited to new -car dealerships. 2. That 100' building setback lines be observed from the north, south and east property lines 3. That a 160' building setback line be observed from the west line of Section 10, Block E-2, Lubbock County, Texas (present west property line). 4. That a 6' solid permanent type screening fence be erected and permanently maintained along the west, south and east property lines. The fence along the west property line shall be of brick construction. No vehicular access shall be permitted thru the fences. Said fences shall be constructed prior to or concurrently with the first building permit. The fence along the east property line shall not be required between the building setback line from Loop 289 and Loop 289. 5. That all signs be located between Loop 289 and the front of the buildings. 6. That a blanket easement for trash collection be granted. ZONE CASE NO. 1477 - Appeal of Clifford Brown (for Olen Summers) to change Lot 1, Block 2 Lyndale Acres Addition, City of Lubbock, Lubbock County, Texas, from an "R-l" to a "C-4" Zoning District. (5002 Avenue G) The Planning and Zoning Commission recommended to the City Council that this request be not granted. . ZONE CASE NO. 1483 - Appeal of Joe R. Horkey(for H. E. Cone) to change a tract of land out of Section 7, Block E*Q, Lubbock County, Texas, from an "R-3" to a "C-3" Zoning District. Pro- perty is further described by metes and bounds to -wit: BEGINNING at a point 45' north and 55' east of the southwest corner of Section 7, Black E-2; THENCE North a distance of 175' to a point; THENCE East a distance of 175' to a point; THENCE South a distance of 175' to a point; THENCE West a distance of 175' to the PLACE OF BEGINNING. (Northeast corner of Indiana Avenue and 66th Street) The Planning and Zoning Commission recommended to the City Coun that this uest be not granted. t ///ti LAVENIA LOWE, City Secreta y-Treasurer City of Lubbock, Lubbock County, Texas In accordance with the above Notice of Zoning Hearing, hearing was held on Zone Case No. 1477 - Appeal of Clifford Brown (for Olen Summers)to change one lot located at 5002 Avenue G from "R-l" to"C-4"zoning district. The Planning and Zoning Commission recommended that this request not be lranl a'1 Men aumme�ed��,axredtthief8 t uni in° oosionppoarthes tone zone change request /M presen�e� a ez�spfrom ,T. T� eBlocPicer aid �. 5. Bowe n n opposi ian o hci zone change request. Also appearing before the City Council in protest were Mrs. E. A. Darling, Mrs. B. D. Dorman, Mrs. Herschel McMillian and Mrs. R. D. Crump. After consideration of all information presented, Mayor Rogers announced that the hearing was closed. Motion was made by Councilman 256 f G 2 J ass? Diekemper, and Medlock voting Yea, none voting Nay, to uphold the recommendation of the Planning and Zoning Commission and DENY Zone Case No. 1477. 67-26-256-708 In accordance with the above Notice of Zoning Hearing, hearing was held on Zone Case No. 1483 - (3) Appeal of Joe R. Horkey (for H. E. Cone) to change property located at the northeast corner of Indiana Avenue and 66th Street from "R-3" to "C-3" zoning district. The Planning and Zoning Commission recommended that this request not be granted. Mr. Don Osborne appeared before the City Council requesting that the hearing be continued until the next regular zoning meeting of the City Council. Mayor Rogers called for opponents to appear before the City Council, but no one came forward at this hearing. After consideration of all information presented, it was unanimously agreed by the City Council to continue this hearing on Zone Case No.1483. 67-26-256-709 In accordance with the above Notice of Zoning Hearing, hearing was held on Zone Case No. 1485 - (4) Request of E. G. Pharr (for Edna Parks Crawford, Fern Cone and L. A. Parks) to change property located at the southeast corner of Vanda Avenue and East Broadway Street from "C-4" to "M-1" zoning district. The Planning and Zoning Commission recommended that this request be granted, subject to the following two conditions: 1. That the use be limited to manufacture, assembly and sale's of irrigation pumps. 2. That a solid 6' permanent type screening fence be erected (gates permitted) and permanent- ly maintained along each property line. The fence may be wooden, masonary, or of pre - finished metal panels spaced 6" apart. Said fence to be erected concurrently with or prior to the issuance of the first building permit. Mr. E. G. Pharr, Attorney, appeared before the City Council in support of this zone change request. Mr. Roy Thompson, owner of the irrigation pumps which is to occupy the building at this location, 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 at this hearing. After consideration of all information presented, motion was made by Councilman Diekemper, seconded by Councilman Granberry, motion carried, Mayor Rogers and Councilmen Granberry, Diekemper and Medlock voting Yea, none voting Nay, to authorize this zone case to be TABLED and that the Planning and Zoning Commission be requested to make a survey of the entire area to determine in what zone the property should be placed. 67-26-256-710 In accordance with the above Notice of Zoning Hearing, hearing was held on Zone Case No. 1489 - (6) Request of Marion Key (far Frenchman's Creek Corporation) for a Specific Use Permit Zone Change for a Dormitory to,be constructed between 10th Street and Main Street, extending 200' west of Avenue X. The Planning and Zoning Commission recommend that this request be granted. Mr. Marion Key, Attorney, appeared before the City Council in support o� this zone change request. Mayor Rogers called for opponents to appear before the City Council, but no one came forward at this hearing; whereupon, Mayor Rogers announced that the hearing was closed. After consideration of all information presented, motion was made by Councilman Medlock, seconded by Councilman Diekemper, motion carried, Mayor•Rogers and Councilmen Granberry, Diekemper, and Medlock voting Yea, none voting Nay, to uphold the recommendation of the Planning and Zoning Commission and pass Ordinance No. 5305 on first reading. ORDINANCE NO. 5305 AN ORDINANCE AUTHORIZING THE ISSUANCE OF A SPECIFIC USE PERMIT IN ZONE CASE NO. 1489 AND PROVIDING FOR PUBLICATION. 67-26-256-711 NOTICE OF CITY COUNCIL HEARING (8 ) 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, 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 recommendation: Present Wording None Section 15.1-2-2 Vision Clearance On any lot on which a front yard is required by this ordinance, no wall, fence, or other structure shall be erected and no hedge, tree, shrub or other growth or structure of any kind shall be maintained in such location within such required front yard so as to obstruct the view. Proposed Wording Section 12.1-60 Concrete Mixing (Outside building) for retail sales only limited to use of one mixing drum with 1/2 cubic yard capacity and electrical power source. Storage of all bulk material shall be in an enclosed hopper or closed structure. The area used for this business shall be paved and no vehicles, with load capacity in excess of one (1) cubic yard or 4200 pounds shall be loaded. Section 15.1-2-2 Vision Clearance In a required front yard, no wall, fence, or other structure shall be erected in any part of the required front yard that would be higher than a line extending from a point 2 1/2' above the -natural ground level at the front lot line to a point 4 1/2' above the natural ground level at the depth of the.required front yard, except that on any corner lot, within that Triangular r^ 25"7 AUG 2 3 19 M M etc. higher than a base line extend- ing from a point 2 1/2 feet above walk grade at the walk to a point 4 1/2 feet above walk grade at the depth of front yard required is here- by declared to be an obstruction to view, except single trees having a single trunk which are pruned to a height of seven feet above walk grade. the property lines at points twenty-five feet from the street corner intersection of the property lines, or that point of intersection of the property lines extended, no wall, fence, or other structure shall exceed 2' in height above the curb elevation of the adjacent streets. The Planning and Zoning Commission recommended approval of the proposed changes with the following condition added to Section 15.2-2-2: "That related amendments to the general city code, which cover other than man made installations, would continue to be provided for." �Q LAVENIA LOWE, City ecret -Treasurer City of Lubbock, Lubbock County, Texas In accordance with the above Notice of Zoning Hearing, hearing was held to consider recommendation of the Planning and Zoning Commission that Ordinance No. 1695 be amended as to "Vision Clearance". Mr. R. W. Burr, Director of Planning and Traffic, presented the recommendation of the Planning ands Zoning Commission. 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 due consid- eration it was unanimously agreed by the City Council that action on this amendment be held until the August 24, 1967 City Council Meeting. 67-26-257-712 In accordance with the above Notice of Zoning Hearing, hearing was held to consider recommendation (9) of the Planning and Zoning Commission that Zoning Ordinance No. 1695 be amended as to "Concrete Mixing". Mr. R.-W. Burr, Director of Planning and Traffic, presented .the recommendation of the Planning and Zoning Commission. 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 due consideration, motion was made by Councilman Granberry, seconded by Councilman Diekemper, motion carried, Mayor Rogers and Councilmen Granberry, Diekemper, and Medlock voting Yea, none voting Nay, to reject amendment -entitled "Concrete Mixing" to the Zoning Ordinance No. 1695. 67-26-257-713 Motion by Councilman Diekemper, seconded by Councilman Medlock, motion carried, Mayor Rogers and (11) Councilmen Granberry, Diekemper and Medlock voting Yea, none voting Nay, that Ordinance No. 5306 be passed on first reading. AN APPROPRIATION ORDINANCE ORDINANCE NO. 5306 WHEREAS, the City Council of the City of Lubbock finds it is necessary to appropriate certain specific funds out of bond funds for an approved project; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: There is hereby appropriated out of the following described bond fund, to -wit: Park Bond Funds The sum $48,346.00 For the following purpose: Acquisition, by condemnation, of a 22.43 acre tract of land out of Section 12 (0.33 Acres) and 17 (22.10 Acres), Block A, Lubbock County, Texas.- Owner is G. B. Bowles, et ux, et al. The award of the Special - Commissioners in Condemnation in Cause No. 870, County Court at Law No. 1, was $48,346.00. This land will be a part of the Lubbock Lake Site. Certified Field Notes are attached hereto. Charge directly to 73 -551 (Acquisition of Park Land) 67-26-257-714 The City Council reconsidered Zone Case No. 1281-C, Ordinance No. 5290, passed on first reading (10) July 27, 1967. Mr. Reed Quilliam, Attorney, appeared before the City Council representing Mr. 0. G. Andrews, owner of the property located on the west side of Slide Road at 38th Street. Motion was made by Councilman Diekemper, seconded by Councilman Granberry, motion carried, Mayor Rogers and Councilmen Granberry, Diekemper and Medlock voting Yea, none voting Nay, to rescind the requirement for a plat of the entire area & require only the plat covering commercial area to be filed for record at this time. 67-26-257-715 In accordance with the above Notice of Zoning Hearing, hearing was held on Zone Case No. 1490 - (7) Request of Leroy Elmore (For Fred ;lest) to change property south of Loop 289 extending 2640' east of Slide Road from ."R-1" to "C-4" zoning district. The Planning and Zoning Commission recommended that this request be granted, subject to the following six conditions: 1. That the use be limited to a new car dealership. 2. That 100' building setback lines be observed from the north, south and east property lines. 3. That a 160' building setback line be observed from the west line of Section 10, Block E-2, Lubbock County, Texas, (present west property line). 4. That a solid 6' permanent type screening fence be erected and permanently maintained along the west, south and east property lines. The fence along the west property line shall be of brick construction. No vehicular access shall be permitted thru the fences. Said fences shall be constructed prior to or concurrently with the first building permit. The fence along the east property line shall not be required between the building set- back line from Loop 289 and Loop 289. 5. That all signs be located between Loop 289 and the front of the building. 6. That a blanket easement for trash collection be granted. 258 AUG 2 3 1967 Mr. Leroy Elmore and Mr. Fred West appeared before the City Council in support of this zone change request. Mr. H. J. Blanchard, Attorney, representing approximately 16 familes being residents of the 5200 block of 70th Street, appeared before the City Council in opposition to this zone change request. Mrs. W. R. Mclnturff, Mr. Hal Kilgore, Mr. J. H: Lowe and Mr. Talmadge DeWitt appeared before the City Council in opposition to this zone change request. After consideration of all information presented, Mayor Rogers announced that the hearing was closed. Motion was made by Councilman Diekemper, seconded by Councilman Medlock that this zone case be TABLED until recommen- dation be received from the Planning and Zoning Commission establishing new category in the zon- ing ordinance. The vote being as follows: Councilman Diekemper and Medlock voting Yea, Mayor Rogers and Councilmen Granberry voting Nay. This motion failed to pass.. After further considera- tion and discussion, motion was made by Councilman Granberry, seconded by Councilman Diekemper, motion carried, Mayor Rogers and Councilmen Granberry, Diekemper and Medlock voting Yea, none voting Nay, to delete Condition No. 1 as set out in the above notice and to tie the development to a site plan to be presented to the City Council when the ordinance is passed on second reading. Ordinance No. 5307 being hereby passed on first reading. ORDINANCE NO. 5307 , AN ORDINANCE AMENDING ZONING ORDINANCE NO. 1695 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK SO AS TO MAKE THE FOLLOWING ZONE CHANGE: ZONE CASE NO. 1490: CHANGE A TRACT OF LAND OUT OF SECTION 10, BLOCK E-2, LUBBOCK COUNTY, TEXAS, FROM AN "R-1" TO A "C-4" ZONING DISTRICT. SUBJECT TO CONDITIONS. 67-26-258-717 In.accordance with the above Notice of Zoning Hearing, hearing was held.on.Zone Case No. 1488 - (5) Request of Edward W. Napier (for R. P. Montgomery) to change property located at the south side of 41st Street extending 360' west of Avenue P from "R-l" to "C-4" zoning district. The Planning and Zoning Commission recommended that this request be granted, subject to the following five conditions: 1. That the use be limited to a new car dealership. 2. That lot coverage be limited to 25%. 3. That a solid 6' permanent type screening fence be -erected and permanently maintained along Avenue P property line and along the north line of the east -west alley. The fence along the Avenue P property line shall be sloped from a point 25' south of the south line of 41st Street to a height of 2k' at the south line of 41st Street. Said fence shall be erected prior to or concurrently with the first building permit. No vehicular access shall be permitted thru either fence. 4. That a 40' building setback line be observed from the east -west alley (south property line). 5. That a 60' building setback line be observed from Avenue P. Mr. Edward W. Napier appeared before the City Council in support of this zone change request representing R. P. Montgomery. 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 Granberry, second- ed by Councilman Diekemper, motion carried, Mayor Rogers and Councilmen Granberry and Diekemper voting Yea, Councilman Medlock voting Nay, to omit Condition No. 1 and pass Ordinance No. 5308 on first reading with Conditions Nos. 2-5 as recommended by the Planning and Zoning Department. ORDINANCE NO. 5308 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 1695 AND THE OFFICIAL ZONING MAP OF THE CITY OF LUBBOCK SO AS TO MAKE THE FOLLOWING CHANGE: ZONE CASE NO. 1488: CHANGE LOTS 7 THRU 12, BLOCK 12, SOUTHPORT ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM AN "R-l" TO A "C-4" ZONING DISTRICT. SUBJECT TO CONDITIONS. NO FURTHER BUSINESS COMING UP FOR CONSIDERATION, THE CITY COUNCIL ADJOURNED FROM REGULAR MEETING AUGUST 23, 1967. ATTEST: Al;D LAVE IA LOWE, City ecretary-Treasurer READ AND APPROVED THIS THE 14TH DAY OF SEPTEMBER, M ATTEST: &/Z- 7'', _101'�� � LZ" ' ' 1AVw,e1A LOWE, City ecretary-Treasurer