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HomeMy WebLinkAboutMinutes - City Council - Regular - 6/23/1976229 JUN 2 3 1976 Al REGULAR CITY COUNCIL MEETING JUNE 23, 1976 The City Council of the City of Lubbock, Texas, met at 9:30 A.M. 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, Council- man Bill McAlister, City Manager N. B. McCullough, City Attorney Fred 0. Senter, Jr., and City Secretary -Treasurer Treva Phillips. Don Nickels of the Planning and Zoning Commission was also present. Absent: None 76-35-229-434 The invocation was given by Larry Cunningham, Assistant City Manager. (1} ' 76-35-229-435 The Pledge of Allegiance to the Flag was given in unison by those present in the Council Chamber. (2) 76-35-229-436 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 23rd day of June, 1976, 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: 1. ZONE CASE #1916-B - Request of George Rufus_ Rush to change the following tracts of land out of Rushiand Park Addition, 14th Installment, City of Lubbock, Lubbock County, Texas: Lots 1-6, Block 28, and Lots 8-14, Block 24 from R-1 Specific use to R-1 Lots 5-8, Block 26, and Lots 1-4, Block 27 from A-1 to R-1. (Located West of Salem Avenue and about 160 feet North of 8th Street) The Planning and Zoning Commission recommended to the City Council that this request be granted. ` 2. ZONE CASE #2083 - Request of Cecil E. Jennings to change the following tracts of land out of Farrar Mesa Addition, City of Lubbock, Lubbock County, Texas: Tract A from R-1 to C-2 Lots 14 and 15 from R-1 to R-2 (Located South of 66th Street and East of Frankford Avenue.) The Planning and Zoning Commission recommended to the City Council that this request be eranted as C-2 on the west 444 feet of Tract A and R-2 on the remainder. 3. ZONE CASE #1033-A - Request of Jim Boyer (for Jim Boyer and Lloyd Gambrel) to change Lots 11-20, Block 15, Hulin Heights Addition, City of Lubbock, Lubbock County, Texas, from R-3 Specific Use to C-2A Zoning District. (Located North of 50th Street between Flint and Gary Avenue.) The Planning and Zoning Commission recommended to the City Council that this request be granted. 4. ZONE CASE #2084 - Request of Earl Swinford (for South Plains Church of Christ) to change Lot 1, South Plains Church of Christ Addition, City of Lubbock, Lubbock County, Texas, from R-1 to A-2 Zoning District. (Located West of Elkhart Avenue and about 658 feet South of 66th Street.) The Planting and Zoning Commission recommended to the City Council that this request be granted subject to the following condition: 1. That it be for church and related use only. 5. ZONE CASE #1209-B - Request of Raymond D. Powell_ (for B.R. Griffin) to change a tract of land out of Section 8, Block E-2, Lutheran Addition, City of Lubbock, Lubbock County, Texas, from C-2 to A-1 Zoning District. Property is further described by metes and bounds to wit: FIELD NOTES for a tract of land out of Lots 1,2,3, and 4, Lutheran Addition to the City of Lubbock out of Section 8, Block E-2, Lubbock County, Texas, and being more particularly described in 3 parts as follows: PART I All of the South 260.0 feet of Lots 3 and 4 being bound on the South by a 20 foot alley and on the North by the North line of a 50 foot easement recorded in Vol. 1180, p. 318-321 of deed record; PART II The following described part of Lot 2; BEGINNING at the Southeast corner of Lot 2, thence North 260.0 feet to a point; THENCE West along the North side of a 50 foot easement 90.0 feet to a R.R. spike set; THENCE South 173.0 feet to a 1/2" iron pipe set; THENCE West 64.0 feet to a 1/2" iron pipe set; jU% THENCE South 87.0 feet to a 3/8" rebar found at the Southwest corner of Lot 2; THENCE East 154.0 feet to the place of beginning. PART III The following described part of Lot 1; BEGINNING at a 3/8" rebar found at the Southeast corner of Lot 1, said rebar is also the Southwest corner of Lot 2; THENCE North 87.0 feet to a 1/2" iron pipe set; THENCE West 30.0 feet to a 1/2" iron pipe set; THENCE South 87.0 feet to a 1/2" iron pipe set; THENCE East 30.0 feet to the Place of beginning. (Located South of 50th Street and West of Joliet Avenue.) The Planning and Zoning Commission recommended to the City Council that this request be granted. 6. ZONE CASE #2085 - Request of Evan E. Roberts (for Lubbock Scottish Rite Building Company) to change Block 110, Overton Addition, City of Lubbock, Lubbock County, Texas, from R-2 to A-2 Zoning District. (Located North of 7th Street and West of Avenue Q.) The Planning and Zoning Commission recommended to the City Council that this request be granted. 7. ZONE CASE #2087 - Request of Kenneth A. Williams to change Lots 5,6, and 7, Block 69, Overton Addition, City of Lubbock, Lubbock County, Texas, from R-2 to A-2 Zoning District. (Located South of 9th Street and about 200 feet West of Avenue V.) The Planning and Zoning Commission recommended to the City Council that this request be granted. 8. ZONE CASE #2088 - Request of Ci y of Lubbock to change all of Blocks 1,2,3,4, the north 1/2 of Block 5, and lots 1-8 of Block 6, James Heights Addition, City of Lubbock, Lubbock County, Texas, from C-4 to R-1 Zoning District. (Located East of Quirt Avenue and about 144.5 feet North of 50th Street.) The Planning and Zoning Commission recommended to the City Council that this request be granted. 9. ZONE CASE #1427-A - Appeal of J.C. Lott (for College Heights Baptist Church) to change Lot 12, Block 17, College Heights Addition, City of Lubbock, Lubbock County, Texas, from R-2 to A-2 Zoning District. (Located North of 39th Street and West of Salem Avenue.) The Planning and Zoning Commission recommended to the City Council that this request be granted. T 10. ZONE CASE #2080 - Appeal of R.E. Clark (for W.W. Clark, Jr. and R.E. Clark) to change Lots 4,5, and 19, Block 14, Merritt -Wild Addition, City of Lubbock, Lubbock County, Texas, from R-3 to C-4 Zoning District. (Located West of Waco Avenue and about 147.5 feet North of 4th Street.) The Planning and Zoning Commission recommended to the City Council that this request be denied. /s/ Treva Phillips, City Secretary In accordance with the above Notice of City Council Hearing, hearing was held on Zone Case No. 1916-B - Request of George Rufus Rush to change property located west of Salem and about 160' north of 8th Street from "R-1" Specific Use and "A-1" to "R-1" 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. No one came forward; whereupon, Mayor Bass announced that the hearing was closed. After consideration of all information, motion was made by Councilman Henry, seconded by Councilwoman Jordan, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to uphold the recommendations of the Planning and Zoning Commission and pass Ordinance No. 7279 on first reading. ORDINANCE NO. 7279 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK SO AS TO MAKE THE FOLLOWING CHANGE: ZONE CASE NO. 1916-B: CHANGE THE TRACTS OF LAND OUT OF RUSHLAND PARK ADDITION, CITY OF LUBBOCK, TEXAS AS FOLLOWS: LOTS 1-6, BLOCK 28, AND LOTS 8-14, BLOCK 24 FROM R-1 SPECIFIC USE TO R-1 AND LOTS 5-8, BLOCK 26 AND LOTS 1-4, BLOCK 27 FROM A-1 TO R-1 ZONING DISTRICT; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 76-35-230-437 In accordance with the above Notice of City Council Hearing, hearing was held on Zone Case No. (4) 2083 - Request of Cecil E. Jennings to change property located south of 66th Street and east of Frankford Avenue from "R-1" to "C-2" and "R-2" Zoning Districts. The Planning and Zoning Commission recommended that this request be granted as "C-2" on the west 444' of Tract A and "R-2" on the remainder. Mayor Bass called for proponents and opponents to appear before the City Council. Cecil Jennings appeared in support of this zone change request. David Jones, Senior Planner, 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 Council- man McAlister, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to uphold the recommendations of the Planning and Zoning Commission and pass Ordinance No. 7280 on first reading changing the west 444' of Tract A from "R-1" to "C-2", but changing the remainder of the property to "A-1". 231 ORDINANCE NO. 7280 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK SO AS TO MAKE THE FOLLOWING CHANGE: ZONE CASE NO. 2083: CHANGE THE TRACTS OF LAND OUT OF FARRAR MESA ADDITION, CITY OF LUBBOCK, TEXAS AS FOLLOWS: CHANGE THE WEST 444 FEET OF TRACT A FROM R-1 TO C-2 AND THE REMAINING OF TRACT A AND LOTS 14 AND 15 FROM R-1 TO A-1 ZONING DISTRICT; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 76-35-231-438 In accordance with the above Notice of City Council Hearing, hearing was held on Zone Case No. (5) 1033-A - Request of Jim Boyer (for Jim Boyer and Lloyd Gambrel) to change property located north of 50th Street between Flint Avenue and Gary Avenue from "R-3" Specific Use to "C-2A" 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. Jim Boyer appeared in support of this zone change request. David Jones, Senior Planner, presented the recommendations of the Planning and Zoning Commission. No one else came forward; whereupon, Mayor Bass announc- ed that the hearing was closed. After consideration of all information presented, motion was made by Councilman West, seconded by Councilman McAlister, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to uphold the recommendations of the Planning and Zoning Commission and pass Ordinance No. 7281 on first reading. ORDINANCE NO. 7281 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK SO AS TO MAKE THE FOLLOWING CHANGE: ZONE CASE NO. 1033-A: CHANGE LOTS 11-20, BLOCK 15, HULIN HEIGHTS ADDITION, CITY OF LUBBOCK, TEXAS FROM R-3 SPECIFIC USE TO C-2A ZONING DISTRICT; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 76-35-231-439 In accordance with the above Notice of City Council Hearing, hearing was held on Zone Case No. (6) 2084 - Request of Earl Swinford (fox' South Plains Church of Christ) to change property located west of Elkhart Avenue and about 658' south of 66th Street from "R-l" to "A-2" Zoning District. The Planning and Zoning Commission recommended that this request be granted subject to the follow- ing condition: That it be for church and related use only. Mayor Bass called for proponents and opponents to appear before the City Council. David Jones, Senior Planner, 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 Henry, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to uphold the recommendations of the Planning and Zoning Commission and pass Ordinance No. 7282 on first reading. ORDINANCE NO. 7282 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK SO AS TO MAKE THE FOLLOWING CHANGE: ZONE CASE NO. 2084 CHANGE LOT 1, SOUTH PLAINS CHURCH OF CHRIST ADDITION, CITY OF LUBBOCK, TEXAS, FROM R-1 TO A-2 ZONING DISTRICT: SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 76-35-231-440 In accordance with the above Notice of City Council Hearing, hearing was held on Zone Case No. (7) 1209-B - Request of Raymond D. Powell ( for B. R. Griffin) to change property located south of 50th Street and west of Joliet Avenue from "C-2" to "A-1" 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. Raymond D. Powell appeared in support of this zone change request. 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, Mayor Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to uphold the recommendations of the Planning and Zoning Commission and pass Ordinance No. 7283 on first reading and ask the Staff, to work on "angle" presentation with reference to screening second story windows and bring this information back to the City Council at the time of second reading. ORDINANCE NO. 7283 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK SO AS TO MAKE THE FOLLOWING CHANGE: ZONE CASE NO. 1209-B: CHANGE A TRACT OF LAND OUT OF SECTION 8, BLOCK E-2, LUTHERAN ADDITION, CITY OF LUBBOCK, TEXAS FROM C-2 TO A-1 ZONING DISTRICT; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 76-35-231-441 In accordance with the above Notice of City Council Hearing, hearing was held on Zone Case No. (8) 2085 - Request of Evan E. Roberts (for Lubbock Scottish Rite Building Company) to change property located north of 7th Street and west of Avenue Q from "R-2" to "A-2" Zoning District. The Plan- ning and Zoning Commission recommended that this request be granted. Mayor Bass called for pro- ponents and opponents to appear before the City Council. Evan E. Roberts appeared in support of this zone change request. David Jones, Senior Planner, 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 Henry, seconded by Councilman McAlister, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to uphold the recommendations of the Planning and Zoning Commission and pass Ordinance No. 7284 on first reading. ORDINANCE NO. 7284 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK SO AS TO MAKE THE FOLLOWING CHANGE: ZONE CASE NO. 2085: CHANGE BLOCK 110, OVERTON ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM R-2 TO A-2 ZONING DISTRICT; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 232 ,SUN 2 3-J976 76-35-232--442 In accordance with the above Notice of City Council Hearing, hearing was held on Zone Case No. (9) 2087 - Request of Kenneth A. Williams to change property located south of 9th Street and about 200' west of Avenue V from "R-2" to "A-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. Kenneth A. Williams appeared in support of this zone change request. 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 McAlister, seconded by Councilman Henry, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to uphold the recommendations of the Planning and Zoning Commission and pass Ordinance No. 7285 on first reading. ORDINANCE NO. 7285 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK SO AS TO MAKE THE FOLLOWING CHANGE: ZONE CASE NO. 2087: CHANGE LOTS 5,6, AND 7, BLOCK 69, OVER - TON ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM R-2 TO A-2 ZONING DISTRICT; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 76-35-232-443 In accordance with the above Notice of City Council Hearing, hearing was held on Zone Case No. (10) 2088 - Request of City of Lubbock to change property located east of Quirt Avenue and about 144.5' north of 50th Street from "C-4" to "R-l" 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. David Jones, Senior Planner, presented the recommendation of the Planning and Zoning Commission and a map of the property. No one else came forward; where- upon, 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, Mayor Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to uphold the recommendations of the Planning and Zoning Commission and pass Ordinance No. 7286 on first reading. ORDINANCE NO. 7286 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK SO AS TO MAKE THE FOLLOWING CHANGE: ZONE CASE NO. 2088: CHANGE ALL OF BLOCKS 1, 2, 3, 4, AND THE NORTH 1/2 OF BLOCK 5, AND LOTS 1-8 OF BLOCK 6, JAMES HEIGHTS ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM C-4 TO R-1 ZONING DISTRICT; PROVIDING A SAVINGS CLAUSE AND PROVID- ING FOR PUBLICATION. 76-35-232-444 In accordance with the above Notice of City Council Hearing, hearing was held on Zone Case No. (11) 1427-A - Appeal of J. C. Lott (for College Heights Baptist Church) to change property located north of 39th Street and west of Salem Avenue from "R-2" to "A-2" Zoning District. The Planning and Zoning Commission recommended that this request be denied. Owen McWhorter appeared before the City Council representing College Heights Baptist Church requesting this zone change, limited to Church related uses. Mr. Hester of Orthodox Presbyterian Church, proposing to purchase the property, appeared in support of this zone change. Mrs. Marge Crawford, owner of adjacent property appeared in opposition to this zone change request. David Jones, Senior Planner, 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 present- ed, motion was made by Councilwoman Jordan, seconded by Councilman West, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to uphold the recommendations of the Planning and Zoning Commission and deny this appeal. 76-35-232-445 In accordance with the above Notice of City Council Hearing, hearing was held on Zone Case No. (12) 2080 - Appeal of R. E. Clark (for W.W.Clark, Jr., and R. E. Clark) to change property located west of Waco Avenue and about 147.5' north of 4th Street from "R-3" to "C-4" Zoning District. The Planning and Zoning Commission recommended that this request be denied. Mayor Bass called for proponents and opponents to appear before the City Council. R. E. Clark appeared in support of this zone change request. David Jones, Senior Planner, 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 McAlister, seconded by Councilman West, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to overrule the recommendations of the Planning and Zoning Commission and approve the "C-4" zoning on the lot facing Avenue X and pass Ordinance No. 7287 on first reading. Motion was then made by Councilman McAlister, seconded by Councilwoman Jordan, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to uphold the recommendations of the Planning and Zon- ing Commission and deny the request for zone change on the lots facing Waco Avenue. ORDINANCE NO. 7287 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK SO AS TO MAKE THE FOLLOWING CHANGE: ZONE CASE NO. 2080: CHANGE LOTS 4, 5, AND 19, BLOCK 14, MERRITT-WILD ADDITION, CITY OF LUBBOCK LUBBOCK COUNTY, TEXAS FROM R-3 TO C-4 ZONING DISTRICT; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 76-35-232-446 Fred 0. Senter, Jr., City Attorney appeared, and presented the following Resolution: (13) 1:7beraiMiifAWNI BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the MAYOR and/or the CITY MANAGER OF THE CITY OF LUBBOCK is hereby authorized to execute for and on behalf of the CITY OF LUBBOCK, an amended application for a Certificate of Convenience and Necessity to the Public Utility Commission of Texas, covering the Electric Department of the City of Lubbock, with the understanding that the City is not waiving any of its rights as a Home Rule City, attached herewith which shall be spread upon the Minutes of the Council and as spread upon the Minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. I. Passed by the City Council this 23rd day of June, 1976. 23 JUN 2 3,197 ATTEST: /s/ Treva Phillips Treva Phillips, City Secretary -Treasurer APPROVED AS TO FORM: /s/ Fred 0. Senter, Jr. Fred 0. Senter, Jr., City Attorney /s/ Roy Bass ROY BASS, MAYOR Mr. Senter also presented a map indicating the city limits of the City of Lubbock, and the boundary - areas as agreed on by the City of Lubbock, Southwestern Public Service Company, and South Plains Electric Cooperative, as to areas of service. After consideration of all information presented motio was made by Councilwoman Jordan, seconded by Councilman Henry, motion carried, Mayor Bass, Council- woman Jordan, Councilmen Henry and McAlister voting Yea, none voting Nay that the above resolution as presented by Mr. Senter be passed with the understanding that the City is not waiving any rights as a Home Rule City; and that the map indicating boundaries agreed on, be approved, said map on file the office of the Director of Utilities of the City of Lubbock. Councilman West abstained from votin on this motion. NO FURTHER BUSINESS COMING UP FOR CONSIDERATION, THE CITY COUNCIL ADJOURNED FROM Regular Meeting June 23, 1976. ATTEST: rti Treva Phillips, City Secr ary-Treasurer READ AND APPROVED THIS THE 22nd day of July, ATTEST: Ci� c✓ Treva Phillips, tity Se etary--Treasurer ROY BA , MAYOR 1 oqa�$ ROY BAS , MAYOR