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HomeMy WebLinkAboutMinutes - City Council - Regular - 7/24/1974,iJL �I 1 REGULAR CITY COUNCIL MEETING July 24, 1974 The City Council of the City of Lubbock, Texas, met at 9:30 am. in the regular meeting place at City Hall, the following members thereof being present, to -wit: Mayor Roy Bass, Councilman 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, Don Nickels member of the Planning and Zoning Commission was also present. Absent: None 74-33-295-764 The invocation was given by Councilman Alan Henry. (1) 74-33-295-765 The Pledge of Allegiance to the Flag was given in unison by those present in the Council Chaml (2) 74-33-295-766 NOTICE (3) 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 24th day of July, 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 Zoninc 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. 1933-A - Request of W. S. Gribble to change a tract of bnd out of Section 14, Block E-2, Raintree Addition, City of Lu ock, Lubbock County, Texas, to revise site plan. Property is further described by metes and bounds to wit: BEGINNING at a point in the West right-of-way line of Memphis Drive and the East line of Trac° "E" Raintree Addition, said point bears SOOo01'10"W a distance of 2342.07 feet and S 89058150' E a distance of 317.25 feet from the Northwest corner of the Northeast � of Section 14, Block 2, Lubbock County, Texas; THENCE N89058'50"W a distance of 237.25 feet; THENCE N00001'10"E a distance of 30.00 feet; THENCE S89058'50"E a distance of 223.05 feet to a point in the West R-O-W line of Memphis Drive and the East Line of Tract "E" Raintree Addition; THENCE S25018'46"Ealong the West R-O-W line Memphis Drive and the East line of Tract "E" Rain- aE distance of 33.19 feet to the Place of Beginning. The Planning and Zoning Commission recommended to the City Council that this request be grant( subject to the following conditions: 1. Submit an as -built cut and fill plan certified by a surveyor. 2. Submit a revised final plat, including all platting fees, showing accurate easements and possible park dedication. 3. Submit a revised instrument showing intended park dedication. 4. Revise the site plan showing the intended park and proper tennis court locations. 5. Submit a Landscape Plan for park area. 6. Submit all requirements to staff by July 17, or return case to Planning and Zoning Commission. ZONE CASE NO. 1966 - Request of Norman L. Nevins (for Duane McQueen) to change Lots 9 E 10, Block 1, Squyres Place Addition, City of Lubbock, Lubbock County, Texas, from R-1 to A-M Zoning District. (Located at the S.E. corner of 21st Street and Joliet Ave.) The Planning and Zoning Commission recommended to the City Council that this request be grant( ZONE CASE NO. 1967 - Request of A. T. Cocanougher (for Urban Renewal) to change Lots 1-12, - Block 3, Lots 8-14, Block 2, Sanders Addition, City of Lubbock, Lubbock County, Texas, from R-3 and C-4 to M-1 Zoning District. (Located between 2nd Place and 3rd Street and west of Ave. F.) The Planning and Zoning Commission recommended to the City Council that this request be grant( subject to the following conditions: I. Sufficient off-street loading space shall be provided for all freight truck loading € and unloading operations. 2. A solid screening fence of wood or masonry shall be installed and permanently maintain al( the south and east property lines. 3. A minimum of 1:0% of the lot areas shall be landscaped and permanently maintained. 4. All ingress and egress shall be limited to 2nd Street and Avenue G. 5. Urban Renewal obtained two letters from residents across the street who were not in opposition to Case. ZONE CASE NO. 1951 - Continued by the PZC 3/7/74 - Request of Lenin Juarez (for Johnny Cruz) to change Lots l -33, Block 2, North Tech Addition, City of Lubbock, Lubbock County, Texas from R-1 to R-2 Zoning District. Property is further described by metes and bounds to wit: h 1974 BEGINNING at a point 56' North of the Northwest corner of Lot 18, Block 2, North Tech Addition; THENCE 129' North; THENCE 1094.4' East; THENCE 129' South; THENCE ]094.4' West to place of BEGINNING. (Located North and South of Grinnell between Indiana Ave and Knoxville Ave.) The Planning and Zoning Commission recommended to the City Council that this request be granted. ZONE CASE NO. 1961 - Request of Ken Flagg to change Lots ] & 2 of Preliminary Plat of McFadden Addition, City of Lubbock, Lubbock County, Texas, from R-1 to M-1 Zoning District. (Located between Ash Ave and Globe Ave between South Loop 289 and 74th Street) The Planning and Zoning Commission recommended to the City Council that this request be granted tied to the site plan with conditions as shown on site plan. (City Sea]) /s/ Treva Phillips, City Secretary - Treasurer, City of Lubbock, Texas In accordance with the above Notice of City Council Hearing, hearing was held on Zone Case No. 1933-A - Request of W. S. Gribble to change a tract of land out of Section 14, Block E-2, Rain - tree Addition, to revise site plan. (Property located south of 86th Street and east of Memphis.) The Planning and Zoning Commission recommended that this request be granted subject to the follow- ing conditions: 1. Submit an as -built cut and fill plan certified by a surveyor. 2. Submit a revised final plat, including all platting fees, showing accurate easements and possible park dedication. 3. Submit a revised instrument showing intended park dedication. 4. Revise the site plan showing the intended park and proper tennis court locations. 5. Submit a landscape plan for park area. 6. Submit all requirements to staff by July 17, or return case to Planning and Zoning Commission. Mayor Bass called for proponents and opponents to appear before the City Council. W. S. Gribble appeared before the City Council in support of this zone change request. Ken Flagg, owner of land in Raintree Subdivision, also appeared in support of this zone change. Mrs. Louise Crosnoe, representing the King Estate, appeared in opposition to this zone change. Van McVay, Zoning Administrator, presented the recommendations of the Planning and Zoning Commission. No one else came forward; whereupon, Mayor Bass announced that the hearing was closed. After considera- tion of all information presented, motion was made by Councilwoman Jordan, seconded by Councilman West, to uphold the recommendations of the Planning and Zoning Commission with the understanding that before second reading (1) an as -built cut and fill plan be certified by a surveyor; (2) revised instrument showing intended park dedication, or reason be given why the City does not want the area for a park; (3) tied to landscape plan, on north and south, particularly around borrow pit. After further discussion, Councilwoman Jordan requested that the motion be with- drawn. Discussion was had concerning rules of procedure in regard to withdrawing motions. Mayor Bass ruled that the previous motion was withdrawn. Councilman Campbell appealed the rul- ing of the Chair regarding revised or withdrawn motions, and cited Section 5.9 of the City Council rules governing withdrawal of motions. After further deliberation, motion was made by Councilwoman Jordan, seconded by Councilman West, to uphold the recommendation of the Planning and Zoning Commission and pass Ordinance No. 6931 on first reading, subject to the following conditions: I. That a revised instrument showing intended park dedication be submitted and worked out with the City Attorney, and 2. The landscape plan for borrow pit be inculded and submitted by the time of second reading. After still further discussion, Councilwoman Jordan requested consent of the Council to revise her motion. Mayor Bass requested an opinion from Mr. Senter, City Attorney, at which point Councilman Campbell stated he wished to withdraw his appeal from the ruling of the Chair. Mayor Bass declared appeal duly withdrawn. The vote onlhe final motion on this item was as follows: Mayor Bass, Councilmen West, Jordan, and Henry voting Yea, Councilman Campbell voting Nay. This motion carried. ORDINANCE NO. 6931 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 6787 OF THE CITY OF LUBBOCK, TEXAS, BY REVISING A PORTION OF THE SITE PLAN MADE A PART THEREOF, SUBJECT TO CONDITIONS; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. -33-296-767 In accordance with the above Notice of City Council Hearing, hearing was held on Zone Case No. (4) 1966 - Request of Norman L. Nevins (for Duane McQueen) to change property located at the south- east corner of 21st Street and Joliet Avenue from "R-1" to "AM" Zoning District. The Planning and Zoning Commission recommended that this request be granted. Mayor Bass called for pro- ponents and opponents to appear before the City Council. Norman L. Nevins appeared in support of this zone change request. Van McVay, Zoning Administrator, presented the recommendations of the Planning and Zoning Commission. No one else came forward; whereupon, Mayor Bass announced that the hearing was closed. After consideration of all information presented, motion was made by Councilman West, seconded by Councilman Henry, motion carried, Mayor Bass, Councilmen West, JUL 24 Jordan, Henry and Campbell voting Yea, none voting Nay to uphold the recommendations of the Planning and Zoning Commission and pass Ordinance No. 6932 on first reading. ORDINANCE NO. 6932 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. 1966: CHANGE LOTS 9 & 10, BLOCK I, SQUYRES PLACE ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM AN R-1 TO AN A-M ZONING DISTRICT: PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 74-33-297-768 In accordance with the above Notice of City Council Hearing, hearing was held on Zone Case (5) No. 1967 - Request of A. T. Cocanougher (for Urban Renewal Agency) to change property located between 2nd Place and 3rd Street and west of Avenue F from "R-3" and "C-4" to "M-l" Zoning District. The Planning and Zoning Commission recommended that this request be granted be granted subject to the following conditions: i. Sufficient off-street loading space shall be provided for all freight truck loading and unloading operations. 2. A solid screening fence of wood or masonry shall be installed and permanently main- tained along the south and east property lines. 3. A minimum of 10% of the lot areas shall be landscaped and permanently maintained. 4. All ingress and egress shall be limited to 2nd Street and Avenue G. 5. Urban Renewal obtain two letters from residents across the street who were not in opposition to case. Mayor Bass called for proponents and opponents to appear before the City Council. Van McVay, Zoning Administrator, presented the recommendations of the Planning and Zoning Commission. No one else came forward; whereupon, Mayor Bass announced that the hearing was closed. After consideration of all information presented, motion was made by Councilwoman Jordan, seconded by Councilman Henry, motion carried, Councilmen West, Jordan, and Henry voting Yea, Mayor Bass and Councilman Campbell voting Nay to hold this item until conditions in Item 5 are met (Urban Renewal obtain two letters from residents across the street who are not in opposition to the case.) At a later time during this zoning hearing, Mr. McVay, Zoning Administrator, informed the Council that Tom Bennett of Urban Renewal, was present in the Council Chamber, and that they might want to reconsider Zone Case No. 1967. Motion was made by Councilwoman Jordan, seconded by Councilman Henry, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay, to reconsider Zone Case No. 1967 in order to get more information. Tom Bennett, of the Urban Renewal Agency appeared and answered questions concerning Condition 5 of this zone case regarding notification to land owners across the street. He stated that there was no opposition at the time of the hearing before the Planning and Zoning Commission.Mr stated that the proper notices were sent and no response to these notices was received. After further discussion, motion was made by Councilman Campbell, seconded by Councilman West, motic carried, Mayor Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay, to uphold the recommendations of the Planning and Zoning Commission and pass Ordinance No. 6933 on first reading. ORDINANCE No. 6933 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. 1967: CHANGE LOTS 1-12, BLOCK 3, LOTS 8-14, BLOCK 2, SANDERS ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM AN R-3 AND C-4 TO AN M-1 ZONING DISTRICT: SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 74-33-297-769 In accordance with the above Notice of City Council Hearing, hearing was held on Zone Case (6) No. 1951 - Request of Lenin Juarez (for Johnny Cruz) to change property located north and south of Grinnell between Indiana Avenue and Knoxville Avenue from "R-l" to "R-2" Zoning District. The Planning and Zoning Commission recommended that this request be granted. Mayor Bass called for proponents and opponents to appear before the City Council. Lenin Juarez appeared before the City Council in support of this zone change request. Van McVay, Zoning Administrator, presented the recommendations of the Planning and Zoning Commission. i No one else came forward; whereupon, Mayor Bass announced that the hearing was closed. After consideration of all information presented, motion was made by Councilman West, seconded by Councilman Henry, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to uphold the recommendations of the Planning and Zoning Commis- sion and pass Ordinance No. 6934 on first reading. ORDINANCE N0. 6934 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. 1951: CHANGE LOTS 18 THROUGH 33, BLOCK 2, NORTH TECH ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS FROM AN ""R-1" TO AN "'R-2'" ZONING DISTRICT, PROPERTY IS FURTHER DESCRIBED BY METES AND BOUNDS IN THE BODY OF THIS ORDINANCE; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 74-33-297-770 In accordance with the above Notice of City Council Hearing, hearing was held on Zone Case (7) No. 1961 - Request of Ken Flagg to change property located between Ash Avenue and Globe Avenue between South Loop 289 and 74th Street. The Planning and Zoning Commission recommend- ed that this request be granted subject to the following condition: UR 2 4 1974 Tied to Site Plan as presented. At this time, Mayor Bass stated he had received a telephone call from Mrs. Hartman Coursey, Telephone 863-2260, Woodrow, who wanted it to be known that she was opposed to this zone change. Mayor Bass called for proponents and opponents to appear before the City Council. Ken Flagg appeared in support of this zone change. Van McVay, Zoning Administrator, presented the recom- mendations of the Planning and Zoning Commission. Claude Denham, 3202 20th, owner of property south of the property in question, appeared and stated that he was not opposing the zone change, but that he would like to have some definite statements regarding zoning around the school pro- perty in the area. Mayor Bass then asked Mr. McVay to consult with Planning and Zoning Commission in regard to zoning around proposed school. After consideration of all information presented, motion was made by Councilman Campbell, seconded by Councilman West, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to uphold the recommenda- tions of the Planning and Zoning Commission and pass Ordinance No. 6935 on first reading, tied to the site plan presented on this date. ORDINANCE NO. 6935 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. 1961: CHANGE LOTS 1 AND 2 OF PRELIMINARY PLAT OF MCFADDEN ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS FROM AN "R-1" TO AN "M-1" ZON- ING DISTRICT; SUBJECT TO A CONDITION; PROVIDING A PENALTY; PROVIDING A SAVINGS CLASUE AND PROVID- ING FOR PUBLICATION. -33-298-771 The City Council considered a policy recommended by the Planning and Zoning Commission concerning (9) one -lot "A-2" development in the Overton area. Van McVay, Zoning Administrator, stated it was the feeling of the Planning and Zoning Commission that due to complications and problems involved, that a site plan should be submitted in advance on proposed single lot development in the Overton area, showing compatibility with adjacent single family residences. He further stated it would be difficult for the Planning and Zoning Commission to set criteria, since they are confronted with isolation between two story apartment development. Don Nickels, a member of the Planning and Zoning Commission, stated he would have no objection to zone change in the area if it could be shown that such zone change was compatible with the whole area, but that the Planning and Zoning Commission tried to avoid rezoning single, or isolated lots. Motion was made by Councilman Henry, seconded by Councilman Campbell, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay, that single lot development in the Overton Addition not be considered unless extenuating circumstances are shown and that a site plan be submitted to the staff prior to the Planning and Zoning Commission hear- ing on proposed zone change. -33-298-772 In accordance with the Notice of Zoning Hearing of record in Minute Book 33, Page 241, hearing was (8) held on Zone Case No. 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, said zone case having been continued from the June 26, 1974 City Council Meeting. The Planning and Zoning Commission recommended that this request be denied. Mayor Bass called for proponents and opponents to appear before the City Council. Alfred T. McWhorter appeared in support of this zone change request. George Buiiard, who owns property east of the property in question, appeared in regard to zoning policy in the Overton area. Van McVay, Zoning Administrator, gave the recommendations of the Plan- ning and Zoning Commission. Councilman Henry asked for an opinion from Mr. Senter, City Attorney, regarding refunding application fee in this case, since it appeared it had been brought about by misunderstanding. Mr. Senter stated the Council would have to make a determination whether or not to refund the fee. No one else came forward; whereupon, Mayor Bass 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 Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to uphold the recommendations of the Planning and Zoning Commission and deny Zone Case No. 1958 and to refund $150 application fee to Mr. McWhorter. •33-298-773 (8a) Motion was made by Councilwoman Jordan, seconded by Councilman Henry, motion carried, Mayor Bass, Councilnen West, Jordan, Henry and Campbell voting Yea, none voting Nay, that the Council go on record that it is not normal precedure, nor does the Council anticipate refunding applica- tion fees in the future. NO FURTHER BUSINESS COMING UP FOR CONSIDERATION, MEETING, July 24, 1974. ATTEST: 'RL:14�1 Treva Phillips, Citf Secretary -Treasurer READ AND APPROVED THIS THE8th day of August, 1974. ATT I - ". Treva Phillips, City cretary-Treasurer THE I UJOURNED FROM REGULAR ROY BA OR 4u &SS ROY BAS , MAYOR F11 0 I