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HomeMy WebLinkAboutMinutes - City Council - Regular - 9/25/19680%11 SEP 2 5 1968 September 25, 1968 REGULAR CITY COUNCIL MINUTES: 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, Lonnie F. Hollingsworth, Beaton Rigsby, and Morris W. Turner, City Attorney Fred 0. Senter, Jr., and City Manager W. R. Blackwell. Absent: Assistant City Manager Robert Wilson and City Secretary -Treasurer Lavenia Lowe. 68-27-344-826 The invocation was given by Mayor Pro Tem James H. Granberry. (1) 68-27-344-827 The Pledge of Allegiance to the Flag was given in unison by those in the Council Chamber. (2) 68-27-344-828 NOTICE OF CITY COUNCIL HEARING (3 ) 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 25th day of September, 1968, 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. 1563 - Request of J. G. Wilkerson, Jr. (for The Wilkerson Company) to change Lots 5 thru 20, Block 14, Phyllis Wheatley Subdivision, City of Lubbock, Lubbock County, Texas, from an "R-2 " to an "M-2" Zoning District. (Between East 35th and East 37th Streets and between Date and Elder Avenues) The Planning and Zoning Commission recommended that this request be granted. ZONE CASE NO. 1564 - Request of Hugh Anderson (for Hiram Parks) for a Specific Use Permit Zone Change, under provisions of Section 14-A.1-18 of the Zoning Ordinance, for a dance hall and night club on Lots 4 and 5, Block 136, Original Town of the City of Lubbock, Lubbock County, Texas. (On south side of Broadway Street starting about 75' east of Avenue G) The Planning and Zoning Commission recommended that this request be granted. ZONE CASE NO. 1566 - Request of Fred E. West for a Specific Use Permit Zone Change, under provi- sions of Section 14-A.1-10 of the Zoning Ordinance, for a Professional Type Office on a tract of land out of Section 17, Block B, Lubbock County, Texas. Property is further described by metes and bounds to -wit: BEGINNING at a point which is 69.53' north and 45.00' west of the southeast corner of the north 1/2 of Section 17, Block B, Lubbock County, Texas; THENCE South 89° 54' 30" west a distance of 137.00'; THENCE North 000 01' 20" east a distance of 114..95'; THENCE North 890 54' 30" east a distance of 137.00'; THENCE South 000 01' 20" west a distance of 114.95' to the PLACE OF BEGINNING. (West side of Quaker Avenue beginning 50' north of 26th Street) The Planning and Zoning Commission recommended that this r est be gra d. LAVENU 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. 1563 - Request of J. G. Wilkerson, Jr. (for The Wilkerson Company) to change property located between East 35th Street and East 37th Street and between Date Avenue and Elder Avenue from 11R-2" to "M-2" zoning district. The Planning and Zoning Commission recommended that this zone change request be granted. Mr. Flicker appeared before the City Council in support of this zone change request representing Mr. J. G. Wilkerson, Jr. 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, seconded by Councilman Rigsby, motion carried, Mayor Rogers and Councilmen Granberry, Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay, to uphold the recommendation of the Planning and Zoning Commission and pass Ordinance No. 5541 on first reading. 345 SEP 2 5 196E IM 0 ORDINANCE NO. 5541 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. 1563: CHANGE LOTS 5 THRU 20, BLOCK 14, PHYLLI WHEATLEY SUBDIVISION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM AN "R-2" TO AN "M-2" ZONING DISTRICT; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 68-27-345-829 In accordance with the above Notice of -Zoning Hearing, hearing was held on Zone Case No. 1564 - E (4) Request of Hugh Anderson (for Hiram Parks) for a Specific Use Permit Zone Change for a Dance Hall and Night Club on the south side of Broadway Street starting about 75' east of Avenue G. The Planning and Zoning Commission recommended that this zone change request be granted. Mr. Hiram Parks appeared before the City Council in support of this zone change request. Mr. T. C. Ellis appeared before the City Council representing himself and his son-in-law Joe Stewart in opposi- tion to this zone change request. After consideration of all information presented, motion was made by Councilman Turner, seconded by Councilman Rigsby, motion carried, Mayor Rogers and Councilmen Granberry, Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay, that Zone Case No. 1564 be tabled until the next regular meeting of -the City Council and instructed the City Attorney to come forth with recommendations on dance halls and the ordinance governing public dance halls. 68-27-345-830 In accordance with the above Notice of Zoning Hearing, hearing was held on Zone Case No. 1566 - (5) Request of Fred E. West for a Specific Use Permit Zone Change for a Professional Type Office on the west side of Quaker Avenue beginning 50' north of 26th Street. The Planning and Zoning Commission recommended that this zone change request -be granted. Mr. Raymond Powell appeared before the City Council representing Mr. Fred West. Mr. W. C. Towns of 4406 26th Street appeared beforer: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 Rigsby, seconded by Councilman Granberry, motion carried, Mayor Rogers and Council- men Granberry, Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay, to uphold the recom- mendation of the Planning and Zoning Commission and pass Ordinance No. 5542 on first reading. ORDINANCE NO. 5542 AN ORDINANCE AUTHORIZING THE ISSUANCE OF A SPECIFIC USE PERMIT, TO -WIT: PROFESSIONAL TYPE OFFICES IN ZONE CASE NO. 1566 ON A TRACT OF LAND OUT OF SECTION 17, BLOCK B, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 68-27-345-831 On this date, hearing on Zone Case No. 1543 was held having been continued from July 24, 1968 - (6) Appeall�f Leroy Elmore (for Dr. Roy Smith) to change property located at the northeast corner of Knoxville Avenue and 22nd Place from "R-1" to "AM" zoning district. The Planning and Zoning Commission recommended that this zone change request not be granted. Mr. Leroy Elmore and Dr. Roy Smith appeared before the City Council in support of this zone change request. Mr. Jack Geddes appeared before the City Council in opposition to this zone change request and presented a list of property owners in this area he represented: Mr. & Mrs. Charles Sterling Mr. & Mrs. G. F. Watson Mack J. Hawkins Billie Young Mr. & Mrs. V. L. Williams Mrs. Joe K. Fitchett Mr. & Mrs. W. R. England M. N. Simmons Also appearing in opposition to this zone change request were the following persons: Mr. and Mrs. Wesley Phillips, Mr. Dan Everton, Mr. Whorton Denton, Mr. H. H. Wilson, and Mr. Marshall N. Simmons. After consideration of all information presented, Mayor Rogers announced that the hear- ing was closed. Motion was then made by Councilman Rigsby, seconded by Councilman Granberry, motion carried, Mayor Rogers and Councilmen Granberry, Hollingsworth, Rigsby, and Turner voting Yea, none voting Nay, to override the recommendation of the Planning and Zoning Commission and grant "AM" zoning on property located at the northeast corner of Knoxville Avenue and 22nd Place. Ordinance No. 5543 being hereby passed on first reading. ORDINANCE NO. 5543 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. 1543: CHANGE LOTS TEN THROUGH TWELVE, BLOCK TWO, RIDGELAWN ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM AN "R-l" TO AN "AM" ZONING DISTRICT; AND PROVIDING FOR PUBLICATION. ji 68-27-345-832 NOTICE OF CITY COUNCIL HEARING (7) NOTICE is hereby given to all interested persons as provided by law, that the City Council will hold a public hearing on the 25th day of September, 1968 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 Wordinit Section 19.4-5 No appeal, request or application to the Board of Adjustment shall be allowed on the same piece of property prior to the expiration of six (6) months from a ruling of the Board of Adjustment on any appeal request or application to such body unless other property abutting or adjoining such property shall have within such six (6) months period been altered or changed by a Proposed Wording Section 19.4-5 No appeal, variance or special excep- tion applications shall be allowed which contain any portion of property that was included in an application acted on by the Zoning Board of Adjustment during the preceding six months. 346 SEP 2 5 1958 ruling of the Board of Adjustment, in which case such change of circumstances shall permit the allowance of an appeal, request or application but shall in no wise have any force in.law to compel the Board of Adjustment., after a hearing, to grant such subsequent appeal, request or application but such hearing shall be considered on its merits as in all other cases. The Planning & Zoning Commission recommended that this Zcbe appro d. LA IA LOWE, City Secr tary-Treasurer City of Lubbock, Lubbock County, Texas In accordance with the above Notice of Zoning Hearing, hearing was held as to amending Section 19.4-5 of Zoning Ordinance No. 1695 in regard to appeal, variance or special exception applications coming before the Zoning Board of Adjustment. Mr. Fred 0. Senter., Jr., City Attorney, presented the recommendation 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 presented, motion was made by -Councilman Granberry, -seconded by Councilman Hollingsworth, motion carried, Mayor Rogers and Councilmen Granberry; Hollingsworth, Rigsby, and -Turner voting Yea, none voting Nay, to uphold the recommendation of the -Planning and Zoning Commission and pass Ordinance No. 5544 on first reading. ORDINANCE NO. 5544 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 1695 OF THE CITY OF LUBBOCK BY AMENDING SECTION 19.4-5 THEREOF GOVERNING APPEALS TO THE BOARD OF ADJUSTMENT INVOLVING PROPERTY INCLUDED IN APPEAL TO THE BOARD WITHIN PRECEDING SIX MONTHS; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. NO FURTHER BUSINESS COMING UP FOR CONSIDERATION, THE CITY COUNCIL ADJOURNED F REGULAR MEETING, SEPTEMBER 25, 1968. (0*_� 1 ATTEST: I V 2), Lv'r'p 5 , _J'r LAVENIA LOWE., City Sec Lary -Treasurer READ AND APPROVED. THIS THE IOTH DAY OF OCTOBER, 1968 ATTEST: LAVEN -LOWS, City Secre ary-Treasurer W. D. ROGERS, A 16 F ' �-'• JG � 1 r' - • f ,`•'1. 'S� That portion of Lot 6, Block 1, Ellwood Place Addition, Installment No. 1,' ', to the City of Lubbock, Lubbock County, Texas, described by metes & bounds • as follows: Beginning at the Southwest corner of said Lot 6., Block 1, Ellwood Place Addition, Thence North 203.46' along and with the West boundary line of said Lot 6 to a point on the South right-of-way line of 19th Street, for the Northwest corner of this parcel, Thence in an Easterly direction 50' along and with the South right of way line of 19th St. to a point for the Northeast corner of this parcel, Thence South 106.26' along and with the East boundary line of said Lot 6 to a point, said point being the r• intersection of the East boundary line of Lot 6 with a curve bearing to the right, said curve having a radius of ". 492.71 feet and a chord distance of 102.75 feet, • •. Thence Southwesterly on said curve to the right a chord ' distance of 102.75 feet to a point, said point being the • intersection of this curve with the South boundary line of Lot 6, Block 1, Thence West 17.49 feet along and with the South line of said Lot 6, Block 1, to 'the point of beginning. Containing 8,778.84 sq. ft. or approximately .202 acres. That portion of Lot 5, Block 1, Ellwood Place Addition, Installment No. 1, ' to the City of Lubbock, Lubbock County, Texas, described by metes and bounds., as follows: ' • Beginning at a point on the West boundary line of Lot 5, = Block 1, Ellwood Place, said point being 97.44 feet North , of the Southwest corner of Lot 5, Block 1, Thence North a distance of 106.26 feet along and with the West boundary line of Lot 5, Block 1, to a point, said ." point being the intersection of the West boundary line of Lot 5, Block 1, with the South right of.way line of 19th • Street, for the Northwest corner of this parcel, Thence in an Easterly direction a distance of 11.6 feet along and with the South right of way line of 19th Street ; to a point, said point being the intersection of the South ' right of way li.n(V 9f 19th Street with a curve bearing to the right, for Northeast corner of this parcel, //tfie Thence Southwesterly along said curve to the right having a radius of 492.71 feet and a chord distance of 106.88 feet to the point of beginning, • Containing 814.1 sq. ft.