MINUTES OF REGULAR MEETING OF THE CITY PLANNING AND ZONING COMMISSION OF THE CITY OF LUFKIN, TEXAS, HELD ON THE 26TH DAY OF JULY, 1979, AT 5:00 P.M.

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1 MINUTES OF REGULAR MEETING OF THE CITY PLANNING AND ZONING COMMISSION OF THE CITY OF LUFKIN, TEXAS, HELD ON THE 26TH DAY OF JULY, 1979, AT 5:00 P.M. On the 26th day of July, 1979, the City Planning and Zoning Commission of the City of Lufkin, Texas, convened in regular meeting in the Council Room at City Hall with the following members thereof, to-wit: Samuel D. Griffin John Waak Velma B. Reese James B. Gibbs Ecomet Burley C. L. Brown Harvey Westerholm Ed Jones Roger G. Johnson Gayle Dickey Hubert Stubblefield Chairman Vice Chairman City Manager Assistant City Attorney Assistant City Manager Assistant City Secretary Building Inspector being present, and Joe T. Floyd being absent. 1. Meeting opened with prayer by Ecomet Burley. 2. Approval of Minutes Motion was made by 1979, be approved. affirmative vote was John Waak that minutes of regular meeting of July 12, Motion was seconded by James Gibbs and a unanimous recorded. 3. Final Plat Approved - Southridge Subdivision Phase II City Engineer Kenneth Vann stated that there were no changes in the plat for Southridge Subdivision Phase II since the preliminary plat had been approved. Mr. Vann also stated that all construction work in the subdivision had been completed and had been accepted by the City. Mr. Vann also stated that Rick Freeman of Griffith Engineers and Evelyn Johnson, developer for the subdivision, were present at this meeting to answer any questions. Mr. Vann recommended approval of the final plat for Southridge Subdivision Phase II. Motion was made by John Waak and seconded by Velma Reese that final plat for Southridge Subdivision Phase II be approved. A unanimous affirmative vote was recorded. 4. Temporary Mobile Home Permit Renewed - A. E. Stokley, Sr., 1902 South First (12th Renewal) Chairman Griffin inquired of Mr. A. E. Stokley, Sr., who was present appearing in representation of his temporary mobile home permit renewal, as to whether or not he had received a letter from Assistant City Manager Roger Johnson regarding his absence at the last two regular meetings of the Planning & Zoning Commission. Mr. Stokley stated that he had received the letter.

2 2 Chairman Griffin reminded Mr. Stokley that at last renewal of his temporary mobile home permit the Commission was considering no further renewals. Chairman Griffin also reminded Mr. Stokley that he had agreed to search for a spot to rent for his mobile home during the six months renewal period. Mr. Stokley stated that he desired to renew his permit for an additional six months because his wife was caring for their invalid grandson and it was necessary to park the mobile home in its present location for another six months. Mr. Stokley stated that he would do his best in the next six months to find another space for the mobile home. There were no persons present appearing in opposition. Motion was made by John Waak that temporary mobile home permit by A. E. Stokley, Sr., be renewed for a six-month period. Motion was seconded by Ecomet Burley and the following vote was recorded: voting Aye - Brown, Burley, Griffin, and Waak; voting Nay - Reese and Gibbs. Motion was declared approved by a majority vote of four to two. 5. Zone Change Recommended - T. Mitchell Gibson, et al, from RS&A to C District Chairman Griffin recognized Mr. David Porter, attorney appearing in representation of zone change application by T. Mitchell Gibson, et al, from RS & A to C District covering various properties located in portions of Blocks 42, 103, and 104 of the Original Townsite of Lufkin between Second and Fourth Streets. Mr. Porter briefly reviewed zone change application from last regular meeting of City Planning & Zoning Commission and stated that he would answer any questions from members of Commission regarding same. Chairman Griffin recognized Mr. James Yeates, 304 East Howe, appearing in opposition, who stated that he had talked with various property owners in the area of the proposed zone change and he and several others were mainly concerned with the zoning designation of Commercial District. Mr. Yeates stated that this zoning designation, in his opinion, would leave the area wide open for various types of commercial businesses to be constructed in the event the land being zoned was ever sold to another individual or corporation in the future. Mr. Yeates also stated that several of his neighbors would have been present at this meeting but some were elderly persons and others were required to work past 5:00 p.m. Chairman Griffin again recognized Mr. David Porter who stated that the original zone change application had been made requesting change to CB, and later to C, Special Use (Office Buildings), but after talking with City Attorney Robert Flournoy, it had been determined that these zoning designations contained a building height restriction of 2~stories, and this was the reasoning for the request for C District zoning. Chairman Griffin recognized Mr. Roger Moss, appearing in opposition, who stated that he agreed with Mr. Yeates in his reasons for opposition. Mr. Moss stated that some residents in the neighborhood had more interests than just their homes, and would be glad to see the federal building being constructed in the area, and were happy with the museum and the Civic Center. Mr. Moss stated that he was concerned as to whether or not the proposed construction of the office buildings would conform to the architecture of structures presently in the area.

3 3 James Gibbs inquired of Mr. Porter and his client as to which area of the property being considered for zone change they planned to construct buildings in excess of 2~stories. Mr. Porter stated that preliminary plans called for construction of taller buildings to being in Block 103. Mr. Gibbs then inquired of Mr. Porter as to whether or not it would be agreeable to him for the Commission to vote on zone change for Block 103 at this time and consider zoning on Block 42 and 104 at a later date. Mr. Porter stated that his clients had been willing to agree to trying to give assurances to property owners in the area in the event the land was conveyed to other parties in the future by agreeing that the sale of the property would contain a deed restriction limiting the property to commercial office buildings, and Mr. Porter felt this was adequate for an indication of his client s intention to utilize the zoned area for office buildings. Following discussion, motion was made by James Gibbs that zone change application by T. Mitchell Gibson, et al, be recommended to City Commission for approval, to include offer of deed restriction to use for office buildings only in case of future property sale. Motion was seconded by C. L. Brown and a unanimous affirmative vote was recorded. 6. Permanent Mobile Home Permit Approved - Bobbie Skinner, Nile Street Chairman Griffin recognized Mr. Tommy Skinner, who was present appearing in representation of permanent mobile home permit application covering property fronting on Nile Street between Richie and Penson Streets, and North of St. Louis & Southwest Railroad. Mr. Skinner stated that his wife, Bobbie Skinner, had made application for permanent permit since her father had deeded the land for location of the mobile home. It was reported that all City requirements for permit were in order. There were no persons present appearing in opposition. Motion was made by John Waak and seconded by James Gibbs that permanent mobile home permit application by Bobbie Skinner be approved. A unanimous affirmative vote was recorded. 7. Zone Change Recommended - Jimmy L. & Joyce Tinkle from RL to LB District Chairman Griffin recognized Mr. Walter Borgfeld, Jr., attorney who was present appearing in representation of zone change application by Jimmy L. and Joyce Tinkle from RL to LB District covering property fronting on South First Street located at Northwest corner of intersection of South First Street and Janeway Avenue. Mr. Borgfeld stated that this zone change application had been considered by Dr. and Mrs. Tinkle contracting for the sale of a portion of their property with Community State Bank, a new bank to be constructed in Lufkin. Mr. Borgfeld stated that the request for LB zoning was necessary to allow banking usage. Mr. Borgfeld also stated that the original application had been amended eliminating 60 from the back portion of the property which fronted on Janeway Avenue. Mr. Borgfeld reviewed the fact that the Zoning Ordihance required a sight-bearing fence to be constructed between the bank and the residential property in the area. Mr. Borgfeld stated that Dr. and Mrs. Tinkle had also included in the contract for sale a restriction that the land be used for a bank for ten years after acquisition. Mr. Borgfeld stated that he had met with the directors for the proposed bank and most of them were of the opinion that the land should be developed with regard to salvaging as much of the natural

4 4 vegetation in the area as would be possible. Mr. Borgfeld stated that it was planned that a temporary building would be placed on the property and later a complete banking facility would be constructed. Mr. Borgfeld also stated that initial exit/entranceways would be located on South First Street, and perhaps on Janeway at a later date. Mr. Borgfeld also stated that drive-in banking would be a definite possibility in the future. Chairman Griffin recognized Mr. Steve Elliott, 506 Janeway, appearing in opposition, who stated that he represented approximately eight families who resided on Janeway Avenue. Mr. Elliott stated that one of the main concerns of the property owners on Janeway was the LB zoning designation. Mr. Elliott stated that in the event the bank failed, etc., some other type of business could be utilized in the area and the property owners would have no say. Mr. Elliott inquired as to whether or not there was a special use designation for a bank. Mr. Elliott also stated that traffic was a main concern of property owners in the area and a majority of the residents had two or more small children, and the increased traffic would add to the danger on Janeway. Mr. Elliott stated that the exiting traffic problem on Janeway would not be improved with this condition and it was extremely difficult to exit only South First Street at peak traffic hours. Chairman Griffin recognized Mr. Walter Borgfeld who stated that there would be no banking traffic at peak hours due to the bank s hours of operation which would be from 9:00 a.m. to 3:00 p.m. Mr. Borgfeld also stated that a natural green belt would be maintained with regard to the west end of the property. Chairman Griffin recognized Mr. Richard Nelson, 504 Janeway, appearing in opposition, who stated that he had met with his neighbors on Janeway and traffic problem was of most concern to property owners in the area. Mr. Nelson also stated that property owners had hoped that representatives from the bank would have plans prepared at this meeting, particularly with regard to the drive in banking facilities. Mr. Nelson stated he also understood Mr. Borgfeld s statements regarding banking hours, but banks in Dallas and Houston extended their hours until 6:00 p.m., and hours of operation could change for the bank in question. James Gibbs stated that he did not desire to see a special use designation for a bank on this property due to the fact that it would be necessary not only to have special use for a bank but also special use for parking, offices in conjunction with banking, etc. Mr. Gibbs also stated that he agreed the property owners on Janeway had a problem with traffic, but eventually traffic resulting from bank usage wouldresult in a traffic count in the area and possibly a signal light installed at Janeway and South First Street. Chairman Griffin recognized Mr. Richard Nelson who stated that property owners were concerned about entrances and exits to the banking facility being located in front of their homes. Chairman Griffin recognized Mr. Steve Elliott who stated that there would be considerable traffic from the bank, and suggested entrances be constructed at the front end of the bank property to alleviate most of the problem. Following discussion, at 6:15 p.m. of Directors of proposed bank and an adjacent room to discuss these item was reconsidered by members Chairman Griffin allowed members of Board Mr. Borgfeld an opportunity to meet in transactions. Later in the meeting this of Commission and announced by Mr.

5 5 Borgfeld that decision had been made by members of Board to pursue action on their zone change without a special use designation, and as presented with the deed restriction of bank usage for ten years after acquisition of property. Mr. Borgfeld also stated that members of Board had decided to leave as much vegetation on the Janeway end of the banking property as possible to cause the least amount of interference. Prior to motion and vote on this zone change, Chairman Griffin recused himself from action on application and stated that he had a financial interest in the new bank. Chairman Griffin then called on Vice-Chairman John Waak to conduct this portion of item on zone change application for bank. Vice Chairman Waak stated that he also had a financial interest in the new bank but his interest did not give him any policy-making powers and he declined to recuse himself from action on the matter. James Gibbs stated he had the same interest as Mr. Waak, and declined recusal for the same reasons. Velma Reese made motion that zone change application by Jimmy L. and Joyce Tinkle be recommended to City Commission for approval. Motion was seconded by C. L. Brown and a unanimous affirmative vote was recorded. Vice-Chairman Waak declared motion approved by majority vote of five to zero. 8. Zone Change Tabled - Lufkin Independent School District from RM to C District Assistant City Manager Roger Johnson stated it was his understanding that someone would be present representing zone change application by Lufkin Independent School District from RM to C District covering property located on East side of intersection of U. S. Highway 59 (Timberland Drive) and South Third Street, between South Third Street and Denman Avenue. Motion was made by John Waak and seconded by James Gibbs that zone change application by Lufkin I.S.D. from RM to C District be tabled until next regular meeting. A unanimous affirmative vote was recorded. 9. Laurel Plaza Mobile Home Park - Extension Approved Chairman Griffin recognized Mr. Hubert Stubblefield, City Building Inspector, who reviewed request by Mrs. W. C. Royle and Mrs. Milton Hickman regarding approval of extension of Laurel Plaza Mobile Home Park to include all of Block 44A, which would contain new lots 50, 51, 52, 53, and 54. Mr. Stubblefield stated~that he had discussed this with City Attorney Flournoy and Mr. Flournoy had stated there would be no problems with the extension if the new lots would front on Laurel Avenue. Mr. Stubblefield stated that he could see no problems with the extension being granted as long as the lots fronted on Laurel, due to the requirements of the City s new mobile home park ordinance which would require owners to increase width of street and other renovations to park for which they did not have adequate space. Following discussion, motion was made by Ecomet Burley that Laurel Plaza Mobile Home Park be extended to include Lots 50 54, all of Block LILIA, as presented. Motion was seconded by John Waak and a unanimous affirmative vote was recorded. -

6 6 There being no further business for consideration, 10. meeting adjourned at Adjournment 6:45 p.m. Samuel D. Griffin, CHA As s~~it~ AN