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HomeMy WebLinkAboutMinutes - City Council - Regular - 6/26/1974J UN 2 6 1974 REGULAR CITY COUNCIL MEETING JUNE 26, 1974 The City Council of the City of Lubbock, Texas, met at 9:30 a.m. in the regular meeting place at City Hail, the following members thereof being present, to -wit: Mayor Pro Tem Dirk West, Councilwoman Carolyn Jordan, Councilman Alan Henry, Councilman Bryce Campbell, City Manager N. B. McCullough, City Attorney Fred 0. Senter, Jr., and City Secretary -Treasurer Treva Phillips. Wayne Richardson, a member of the Planning and Zoning Commission was also present in the Council Chamber. Absent: Mayor Roy Bass. 74-33-241-654 The invocation was given by Fred 0. Senter, Jr., City Attorney. (1) 74-33-241-655 r-� (2) 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 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 26th day of June, 1974, at 9:30 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. 1909-A - Appeal of J. Q. Warnick, Jr., (for Huien Penney) to change Lots 24, 25,-and 26, Block 2, Del,mar Anex Addition, City of Lubbock, Lubbock County, Texas, from R-1 to R-2 Zoning District. (Located at the NW corner of 27th St. and Akron Ave.) The Planning and Zoning Commission recommended to the City Council that this request be denied. ZONE CASE NO. 1958 - Appeal of Alfred T. McWhorter to change Lot 5, Block 65, Overton Addition, City of Lubbock, Lubbock County, Texas, from R-2 to A-2 Zoning District. (Located on 5th Street between Ave V and Ave W.) The Planning and Zoning Commission recommended to the City Council that this request be denied. ZONE CASE NO. 1565-A - Request of J. D. Badley to delete conditions, 1, 3 & 4 of Ordinance 55 , on all of Southwest Commercial Paris Addition, City of Lubbock, Lubbock County, Texas. (Located at the Southwest corner of Brownfield Road & Frankford Ave.) a The Planning and Zoning Commission recommended to the City Council that this request be granted subject to the foilowin4 conditions. 1. Change condition 1 to read as follows: That a 100' building setback shall be observed from Brownfield Road and Loop 289 and a 25' building setback shall be observed from Frankford Avenue, except as provided for a service station in condition 2. 2. Change condition 3 to read as follows: That a 60' building setback shall be observed along the South side of the property, (adjacent to 50th Street) except on that portion between Homestead and the alley to the I west. 3. Change condition 4 to read as follows: That 2.2 square feet of paved off-street parking be provided for each square foot of gross building area. ZONE CASE NO. 1960 - Request of Charles G. Wright to change Lot 1, Block 56, R. G. Peeler Sub. Addition, City of Lubbock, Lubbock County, Texas, from C-3 to C-4 Zoning District. (Located at the Northeast corner of 1st Street S Temple Ave.) The Planning and Zoning Commission recommended to the City Council that this request be granted subject to the following condition: That a 6' solid screening fence of wood or masonry construction be installed and permanently maintained along the South and West property line. Said fence shall meet all City Ordinances pertaining to Vision Clearance. ZONE CASE NO. 1962 - Request of Ken Flagg to change Lot 4, Park Lorraine Addition, City of Lubbock, Lubbock County, Texas, ro`m Tt-7_to R-2 Zoning District. (Located on Ironton Ave. between 34th Street s 35th Street.) The Planning and Zoning Commission recommended to the City Council that this request be graved. ZONE CASE NO. 1845-A - Request of'0. V. Scott to change Tract A, Gordon Heights Addition, City of Lubbock, Lubbock County, Texas from A-2 Specific Use to C-2 Zoning District. (Located at the NE corner of 50th Street & Utica Ave.) The Planning and Zoning Commission recommended to the City Council that this request be granted subject to the following condition: 242 UN 2 6 1974 1. Tied to the Site Plan as presented, said site plan to be revised prior to City Council lst reading showing sign design and dimensions. ZONE CASE NO. 1466-B - Request of Ken Flagg to change Tract B, West Wind Addition, City of Lubbock, Lubbock County, Texas, to Delete Conditions (Located at the NE corner of 4th Street and Elkhart Ave.) The Planning and Zoning Commission recommended b the City Council that this request be granted subject to the following condition: 1. Tied to the Site Plan as presented. ZONE CASE NO. 1964 - Request of J. D. Chandler to change Lot 10, Block 70, Overton Addition, City of Lubbock, Lubbock County, Texas, from R-2 to A-2 Zoning District.(Located on loth Street between Ave V and Ave W.) The Planning and Zoning Commission recommended to the City Council that this request be granted. ZONE CASE NO. 1963 - Appeal of Arnold Maeker to change Lots 14 thru 19, Block 4, Lots 1 thru 11 and 22 thru 24, Block 5, and Lots 1 thru 3 and 21 thru 24, Block 12, Country Club Addition, City of Lubbock, Lubbock County, Texas, from R-2 to M-1 Zoning District. (Located between North Ave L and North Ave N between Harvard and the Alley South of Kemper.) The Planning and Zoning Commission recommended to the City Council that this request be denied. (City Seal) /s/ Treva Phillips Secretary -Treasurer, City of Lubbock In accordance with the above Notice of City Council Hearing, hearing was held on Zone Case No. 1909-A - Appeal of J. Q. Warnick, Jr., (for Hulen Penney) to change property located at the northwest corner of 27th Street and Akron Avenue from "R-l" to "R-2" Zoning District. The Plan- ning and Zoning Commission recommended that this request be denied. Mayor Pro Tem West called for proponents and opponents to appear before the City Council. J. Q. Warnick, Jr., appeared before the City Council in support of this zone change request and presented a site plan and drawings of the duplexes. The following people appeared before the City Council in opposition to this zone change request: David Nail, 2517 27th Mrs. Bo Brown, 2818 22nd Mrs. Charles E. Benson 2601 26th Gordon Treadaway, 3208 22nd Mark Shapiro, 2620 28th Donald Rude, 2507 24th Jim Bertram, Director of Planning, presented the recommendations of the Planning and Zoning Commission. No one else came forward; whereupon, Mayor Pro Tem West 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 Pro Tem West, Councilwoman Jordan, Councilmen Henry and Campbell voting Yea, none voting Nay to uphold the recommendations of the Planning and Zoning Commission and deny Zone Case No. 1909-A. 74-33-242-657 In accordance with the above Notice of City Council Hearing, hearing was held on Zone Case No. (4) 1958 - Appeal of Alfred T. McWhorter to change property located on 5th Street between Avenue V and Avenue W from "R-2" to "A-2" Zoning District. The Phnning and Zoning Commission recommended that this request be denied. Mayor Pro Tem West called for proponents and opponents to appear before the City Council. Alfred T. McWhorter appeared 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 Pro Tem West announced that the hearing was closed. After consideration of all information presented, motion was made by Councilman Campbell to uphold the recommendations of the Planning and Zoning Commission and deny this zone change request. This motion died for lack of a second. Motion was then made by Councilman Henry, seconded by Councilwoman Jordan to overrule the recommendations of the Planning and Zoning Commission and pass an ordinance on first reading granting this request. This motion failed to carry by the following vote due to the fact that a 4/5 vote of the City Council is required to overrule the recommendations of the Planning and Zoning Commission: Councilwoman Jordan, Councilmen Henry and Campbell voting Yea, Mayor Pro Tem West voting Nay. Motion was made by Councilman Henry, seconded by Councilwoman Jordan, motion carried, Mayor Pro Tem West, Councilwoman Jordan, Councilmen Henry and Campbell voting Yea, none voting Nay to request the Planning and Zoning Commission to make a concrete recommendation regarding future development of single lots. After further discussion, motion was made by Councilwoman Jordan, seconded by Councilman Campbell, motion carried, Mayor Pro Tem West, Councilwoman Jordan, Councilmen Henry and Campbell voting Yea, none voting Nay to reconsider Zone Case No. 1958. Motion was made by Councilwoman Jordan, seconded by Councilman Henry, motion carried, Mayor Pro Tem West, Councilwoman Jordan, Councilmen Henry and Campbell voting Yea, none voting Nay to continue Zone Case No. 1958 until the report from the Planning and Zoning Commission comes back, in regard to zoning single lots in Overton Addition. 74-33-242-658 In accordance withthe above Notice of City Council Hearing, hearing was held on Zone Case No. (5) 1565-A - Request of J. D. Badley to delete Conditions 1, 3 and 4 of Ordinance No. 5564 on property located at the southwest corner of Brownfield Road and Frankford Avenue. The Planning and Zon- ing Commission recommended that this request be granted subject to the following conditions: Ll C 2.43 . ,IUg 2 6 1 P MMP ohm r 1. Change Condition 1 to read as follows: That a 100' building setback shall be observed from Brownfield Road and Loop 289 and a 25' building setback shall be observed from Frankford Avenue, except as provided for a service station in Condition 2. 2. Change Condition 3 to read as follows: That a 60' building setback shall be observed along the south side of the property (adjacent to 50th Street) except on that portion between Homestead and the alley to the west. 3. Change Condition 4 to read as follows: That 2.2 square feet of paved off-street parking be provided for each square foot of gross building area. Mayor Pro Tem West called for proponents and opponents to appear before the City Council. J. D. Badley appeared in support of this zone change request. Jim Bertram, Director of Plan- ning, presented the recommendations of the Planning and Zoning Commission. No one else came forward; whereupon, Mayor Pro Tem West announced that the hearing was closed. After considera- tion of all information presented, motion was made by Councilman Campbell, seconded by Council- man Henry, motion carried, Mayor Pro Tem West, Councilwoman Jordan, Henry aid Campbell voting Yea, none voting Nay to uphold the recommendations of the Planning and Zoning Commission and pass Ordinance No. 6918 on first reading subject to the conditions that a setback on Home- stead, Tract F, be 40' from the Brownfield Highway and on Condition No. 2, a 40' building setback be observed along the south side of the property. ORDINANCE NO. 6918 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 5564 OF THE CITY OF LUBBOCK BY AMENDING CONDITIONS 1, 3 AND 4 MADE A PART THEREOF; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLI- CATION. 74-33-243-659 In accordance with the above Notice of City Council Hearbg, hearing was held on Zone Case (6) No. 1960 - Request of Charles G. Wright to change property located at the northeast corner of Ist Street and Temple Avenue from "C-3" to "C-4" Zoning District. The Planning and Zoning Commission recommended that this request be granted subject to the following condition: That a 6' solid screening fence of wood or masonry construction be installed and per- manently maintained along the south and west property lines. Said fence shall meet all City Ordinances pertaining to vision clearance. Mayor Pro Tem West called for proponents and opponents to appear before the City Council. William C. Arnold appeared 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 Por Tem West announced that the hearing was closed. After consideration of all information presented, motion was made by Councilman Campbell, seconded i by Councilman Henry, motion carried, Mayor Pro Tem West, Councilwoman Jordan, Councilmen Henry and Campbell voting Yea, none voting Nay to uphold the recommendations of the Planning and Zoning Commission and pass Ordinance No. 6919 on first reading. ORDINANCE NO. 6919 AN ORDINANCE AMENDING ZONING ORDINANCE 1695 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK SO AS TO MAKE THE FOLLOWING CHANGE: ZONE CASE NO. 1960: CHANGE LOT 1, BLOCK 56, R. G. PEELER SUB. ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM A C-3 TO A C-4 ZONING DISTRICT: SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 74-33-243-660 In accordance with the above Notice of City Council Hearing, hearing was held on Zone Case (7) No. 1962 - Request of Ken Flagg to change property located on Ironton Avenue between 34th Street and 35th Street from "R-l" to "R-2" Zoning District. The Planning and Zoning Commis- sion recommended that this request be granted. Mayor Pro Tem West called for proponents and opponents to appear before the City Council. Ken Flagg appeared 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 Pro Tem West announc- ed that the hearing was closed. After consideration of all information presented, motion was made by Councilman Henry, seconded by Councilwoman Jordan, motion carried, Mayor Pro Tem West, Councilwoman Jordan, Councilmen Henry and Campbell voting Yea, none voting Nay to up- hold the recommendations of the Planning and Zoning Commission and pass Ordinance No. 6920 on first reading. ORDINANCE NO. 6920 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. 1962 CHANGE LOT 4 PARK LORRAINE ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM AN R-1 TO AN R-2 ZONING DISTRICT; PROVIDING FOR A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 74-33-243-661 In accordance with the above Notice of City Council Hearing, hearing was held on Zone Case (8) No. 1845-A - Request of 0. V. Scott to change property located at the northeast corner of 50th Street and Utica Avenue from "A-2" Specific Use to "C-2" Zoning District. The Planning and Zoning Commission recommended that this request be granted subject to the following conditic Tied to the site plan as presented, said site plan to be revised prior to City Council first reading showing sign design and dimensions. Mayor Pro Tem West called for proponents and opponents to appear before the City Council. 0. V. Scott, representing Sunny Lane Realty Company, appeared before the City Council in support of this zone change request. Jim Bertram, Director of Planning, presented the re- commendations of the Planning and Zoning Commission. No one else came forward; whereupon, 244 1N 2 0 1974 Mayor Pro Tem West announced that the hearing was closed. After consideration of all information presented, motion was made by Councilman Campbell, seconded by Councilman Henry, motion carried, Mayor Pro Tem West, Councilwoman Jordan, Councilmen Henry and Campbell voting Yea, none voting Nay to uphold the recommendations of the Planning and Zoning Commission and pass Ordinance No. 6921 on first reading. ORDINANCE NO. 6921 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. 1845-A: CHANGE TRACT A, GORDON HEIGHTS ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM A A-2SPECIFIC USE TO A C-2 ZONING DISTRICT; SUBJECT TO CONDITIONS: PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLI- CATION. 74-33-244-662 In accordance with the above Notice of City Council Hearing, hearing was held on Zone Case No. (9) 1466-B - Request of Ken Flagg to change property located at the northeast corner of 4th Street and Elkhart Avenue by deleting conditions on Ordinance No. 5251. The Planning and Zoning Commission recommended that this request be granted subject to the following condtion: Tied to the site plan as presented. Mayor Pro Tem West called for proponents and opponents to appear before the City Council. Ken Flagg appeared in support of this zone change request. Jim Bertram, Director of Planning, pre- sented the recommendations of the Planning and Zoning Commission. No one else came forward; whereupon, Mayor Pro Tem West announced that the hearing was closed. After consideration of all information presented, motion was made by Councilman Henry, seconded by Councilman Campbell, motion carried, Mayor Pro Tem West, Councilwoman Jordan, Councilmen Henry and Campbell voting Yea, none voting Nay to uphold the recommendations of the Planning and Zoning Commission and pass Ordinance No. 6922 on first reading. ORDINANCE NO. 6922 AN ORDINANCE AMENDING ZONING ORDINANCE NO., 6261 OF THE CITY -OF LUBBOCK,, BY REPEALING THE CONDITIONS MADE A PART THEREOF; ADDING A NEW CONDITION; PROVID.ING�'A SAVINGS CLAUSE AND PROVIDING FOR PUB1. I CATION. 74-33-244-663 In accordance with the above Notice of City Council Hearing. hearing was,held on Zone Case No. (10) 1964 - Request of J. D. Chand.ler to change property located on loth Street between Avenge V and Avenue W from "R-2" to "A-21' Zoning District. The Planning and Zoning Commission recommended that this request be granted. _Mayor Pro Tem West called for proponents and opponents to ap- pear before the City-:Counci 1!....J. -D. Chandler appeared '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 Pro Tem West announced that the hear- ing was closed. After consideration of all information presented, motion was made by Councilman Campbell, seconded by Councilman Henry, motion carried, Mayor Pro Tem West Councilwoman Jordan, Councilmen Henry and Campbell voting Yea, none voting Nay to uphold the recommendations of the Planning and Zoning Commission and pass Ordinance No. 6923 on first reading. ORDINANCE NO. 6923 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. 1964: CHANGE LOT 10, BLOCK 70, OVERTON ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM AN R-2 TO AN A-2 ZONING DISTRICT: PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 74-33-244-664 In accordance with the above Notice of City Council Hearing, hearing was held on Zone Case (11) No. 1963 - Appeal of Arnold Maeker to change property located between North Avenue L and North Avenue N between Harvard and the alley south of Kemper from "R-2" to "M-1" Zoning District. The Planning and Zoning Commission recommended that this request be denied. Mayor Pro Tem West called for proponents and opponents to appear before the City Council. Arnold Maeker appeared in support of this zone change request. Ralph Coconaugher and Bill Batson also appeared in support of this zone change request. Jim Bertram, Director of Planning, presented the re- commendations of the Planning and Zoning Commission. No one else came forward; whereupon, Mayor Pro Tem West announced that the hearing was closed. After consideration of all infor- mation presented, motion was made by Councilwoman Jordan that this request for zone change from "R-2" to "Mrl" be granted, subject to the condition that private and public kennels'be excluded; and that the owners of Lots 21, 22, 23, Block 12, Country Club Addition shoul:d present to the City u�iersi�aidwritten re uest a„their 1p � �e than ed.-to "M-1" zone, indicating that such owners what thane P� zone w oo heir rod erttion amending the original motion Councilman am el secon ed i�s mo ion and pia a to include that the lady in Pecos be notified and requested to give a letter, and if she does not, then exclude her two lots from the zone case. Councilman Henry seconded the motion amending the original motion. This motion amending the original motion failed to carry by the following vote: Councilman Henry and Councilman Campbell voting Yea, Mayor Pro Tem West and Councilwoman Jordan voting Nay. A vote was then taken on the original motion and carried by the following vote: Mayor Pro Tem West, Councilwoman Jordan, Councilmen Henry and Campbell voting Yea, none voting Nay; therefore, Ordinance No. 6924 is hereby passed on first reading. ORDINANCE NO. 6924 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. 1963: CHANGE LOTS 14 THRU 19, BLOCK 4, LOTS 1 THRU 11 AND 22 THRU 24, BLOCK 5, AND LOTS 1 THRU 3 AND 21 THRU 24, BLOCK 12, COUNTRY CLUB ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM AN R-2 TO AN M-1 ZONING DISTRICT: SUBJECT TO -CONDITION; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. r— JUN 26 C L 74-33-245-665 Motion was made by Councilman Campbell, seconded by Councilwoman Jordan, motion carried, (12) Mayor Pro Tem West, Councilwoman Jordan, Councilmen Henry and Campbell voting Yea, none voting Nay to adopt the following policy regarding submission of site plans and development plans with zone cases: No Site Plans, Development Plans, Renderings or Plats shall be considered by the Plan- ning and Zoning Commission or the City Council in relation to a zone case unless sub- mitted to the Staff at least one (1) week prior to the meeting at which it is to be considered. 74-33-245-666 Harold Harriger appeared before the City Council in regard to clarification of the intent (13) of the City Council in regard to Zone Case No. 1277-B, Ordinance No. 6863. After considera- tion of all information presented, motion was made by Councilman Campbell, seconded by Councilwoman Jordan, motion carried, Mayor Pro Tem West, Councilwoman Jordan and Councilman Campbell voting Yea, none voting Nay to pass Ordinance No. 6925 on first reading subject to the conditions that this property be tied to the site plan presented on this date, that parking be approved on the "C-2A" portion, and that no further signs be permitted on the "C-3" portion. Councilman Henry abstained from voting on this motion. ORDINANCE NO. 6925 AN ORDINANCE AMENDING ORDINANCE NO. 6863 OF THE CITY OF LUBBOCK BY CORRECTING SUCH ORDI- NANCE TO CORRECTLY REFLECT THE INTENT OF THE CITY COUNCIL AS TO OFF-STREET PARKING AND A SCREENING FENCE; SUBJECT TO CONDITIONS; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLI- CATION. NO FURTHER BUSINESS COMING UP FOR CONSIDERATION, TY C N IL ADJO RNED FROM REGULAR MEETING, June 26, 1974. ATTEST: LTI K WEST , tMAY0 PRO TEM Treva Phillips, City Se retary-Treasurer READ AND APPROVED THIS THE 11TH DAY OF JULY, 1974. AT T: Treva Phillips, City Secr ary-Treasurer ca � U-P ki-L- �_ 61RK WEST, MAYOR PRO TEM