HomeMy WebLinkAboutMinutes City Council - 02/20/1961 - SpecialPRESENT:
Mayor Ellroy King
Commissioners:
Dr. James L. Barnard
Mts. Ray Airheart
Joseph B. Dunn
Patrick J. Dunne
R. A. Humble
Gabe Lozano, Sr.
SPECIAL COUNCIL MEETING
February 20, 1961
7:31 P.M.
City Manager Herbert W. Whitney
City Attorney I. M. Singer
City Secretary T. Ray Kring
Mayor Ellroy King called the meeting to order.
City Secretary T. Ray Kring called the roll of those in attendance.
Mayor King announced the Council would hold the pubiic hearing on the
application of Forbes Daviason, and others, for change of zone from "A-1" First
Apartment House District to "AT" Apartment -Tourist District, as proposed in the
New Zoning Ordinance, on Lots 1 through 14, Clark Peaae B. F. Subdivision in the
4200 Block of Ocean Drive.
Mayor King read the motion of the Zoning & Planning Commission, which
had been passed with all members voting in favor, that the area in question be in-
cluded in the proposed "AT" District.
William Anderson, Director of Zoning & Planning, explained that this
application had to do, primarily, with the new zoning map in that in the advertis-
ing of the public hearing before the Zoning & Planning Commission the area north
of Roberts Drive was not included in the "AT" District, that after the hearing the
Commission thought this area should be included in the "AT" District, but because
it was not so indicated on the map used at the hearing, the attorney ruled that
they would have to go through another hearing, and that after the second hearing
the Commission had recommended that it be included on the map in the "AT" District,
and it was so included in the map presented and used at the Council's public hear-
ing held last Friday evening.
Mayor King announced that since this application is recommended for a
zoning designation which has not yet been adopted by the Council, it can only be
heard but can be neither granted nor denied until the Council has taken action on
the proposed zoning ordinance.
Commissioner Joe Dunn remarked that having this particular application
pending might be prejudicial to the new ordinance.
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Special Council Meeting
February 20, 1961
Page #2
Mr. Anderson replied that it was his understanding that the omission had
been cured, but that since the Commission had heard the matter on the application
again, that it had to be disposed of again by the Council.
No one appeared in opposition to the request for the potential "AT"
zoning of this area.
J. B. Trimble, attorney for the applicant, described the location of the
property and the adjacent ownerships, and requested that the motel and tourist court
zoning which has been the designation and use of this property since 1945 be main-
tained in the proposed new ordinance by including it in the "AT" District, as to
deny it would be very damaging to the property.
Motion by Barnard, seconded by Joe Dunn and passed that the hearing be
closed, and the application taken under advisement pending the action on the new zon-
ing ordinance.
Mayor King announced the Council would hear the application of McClendon
& Associates for a change of Zone from 10P -l" One Family Dwelling District to "B-1"
Neighborhood Business District on the corner of South Staples and Lexington Boulevard
out of Lot 8, Section 3, Flour Bluff Encinal Farm & Garden Tracts being located on
the northwest corner.
Mayor King read the recommendation of the Zoning & Planning Commission
that it be approved subject to a proper plat providing a 3 to 1 parking to building
ratio.
Mr. Anderson located the property on the map as being at the intersection
of South Staples and Lexington Boulevard and stated that the applicant waa asking
for an extension of the Neighborhood Business zoning in order to build a filling
station at that corner, and that the problem had been created by the Highway De-
partment's cutting off the corner in connection with the Expressway Interchange.
No one appeared in opposition.
John Keltner, of McClendon & Associates, explained that a previous Council
had granted the "B-1" zoning for 200 sq. ft. at this corner for the filling station
which was what they needed in order to have access to both streets, but that with
the Highway Department's taking of some of the property, it left an irregular
shaped piece of property for which they need the "B-1" zoning extended down Lex-
Special Council Meeting
February 20, 1961
Page #3
ington so as to give them the required 125' frontage on Lexington to allow for
access to that Street.
Roy Smith stated that the land belonged to him and Mr. Joslin and requested
that the zoning be granted.
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Motion by Barnard, seconded by Humble and passed that the hearing be closed,
and the application be approved subject to filing of a proper plat and proper legal
description by metes and bounds.
Mayor King announced the Council would hear the application of W. B. Williams,
and others, for a change of Zone from "R-1" One Family Dwelling District to "B-3"
Secondary Business District on Lots 35, 36, 37 and 38, Block 2, Washington Addition,
being that property located on National Drive (958 through 1010).
Mayor King read the recommendation of the Zoning & Planning Commission that
it be denied on the basis that it would constitute spot zoning.
Mr. Anderson located the property on the map and pointed out the land uses
of the area.
Raymond Williams explained that his brother owns Lot 35, he owns Lot 36 and
his wife owns Lot 37 and Mr. Flemings owns Lot 38, that the application had been made
together for a repair garage, a beauty parlor, a grocery store and a TV Repair Shop,
that they had been in business on land destroyed by the bridge, and had no other place
to locate since there are only about 2 places vacant in the negro business districts,
and there is too much repair needed on those 2 buildings. He stated further that
his brother had started a business building on his lot before the property was annexed
by the City, had been unable to complete the construction because he ran out of`money,
and that since then children playing there had completely destroyed what construction
there was. He stated they had paid the $25.00 to go before the Zoning & Planning Com-
mission, but had been turned down, and he couldn't understand why since anybody could
see it was not a residence and should have been zoned business when it was annexed
by the City, and since no one objected at the hearing. He stated further that they
had not known about the zoning when they were annexed.
Willie Flemings also spoke for the rezoning.
In answer to Mayor King's question, City Attorney Singer stated that spot
zoning is illegal.
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Special Council Meeting
February 20, 1961
Page #4
Mayor King explained that if they could locate at the intersection they
would have a much better chance of getting business zoning.
Motion by Humble, seconded by Joe Dunn and passed that the hearing be
closed.
Motion by Barnard, seconded by Joe Dunn and passed, with Commissioner Air -
heart voting "No", and Commissioner Lozano abstaining, that the recommendation of the
Zoning & Planning Commission be upheld and the application be denied on the basis that
it would constitute spot zoning.
Mayor King announced the Council would hear the application of Win. C.
Anderson for change of Zone from "R-1" One Family Dwelling District to "B-1" Neigh-
borhood Business District on Lot 16, Block 3, Molina No. 1 Addition, being that pro-
perty located at 4227 Angela Street.
Mayor King read the recommendation of the Zoning & Planning Com®ission that
it be zoned "B-1" with an agreement to a deed restriction for professional office
use only and subject to replat including 66'.setback along Angela Street.
Mr. Anderson located the property on the zoning map and the use map and
presented a plat showing the improvements to be constructed.
No one appeared in opposition to the application.
John Keltner, of McClendon & Associates, appeared for the applicant, and
explained that Dr. Anderson has an option to purchase this property subject to the
zoning for doctor's office, and as shown on the replat, has provided for off-street
parking area of 50° x 66° which complies with the recommendation of the Zoning &
Planning Commission.
Motion by Joe Dunn, seconded by Humble and passed that the hearing be
closed, and that the Zoning & Planning Commission be upheld and the zoning be grant-
ed from "R-1" to "B-1" subject to deed restriction for professional offices and the
replat being filed.
Mayor King announced the Council would hear the application of M. W. Alex-
ander, and others, for change of Zonefrom "R-1" One Family Dwelling District to "8-3"
Secondary Business District on Lots 8, 9, 10 and 11, Block 37, Del Mar Addition,
being the north half of Block 37 fronting on South Staples and Cole Streets.
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Special Council Meeting
February 20, 1961
Page #5
Mayor King read the recommendation of the Zoning & Planning Commission
that it be approved subject to replat, such replat to provide a 3 to 1 parking to
building ratio.
Mr. Anderson located the property on the map and use map and explained that
at one time there had been deed restrictions for one -family dwellings, but that the
deed restrictions had been lifted by Court Actions.
No one appeared in opposition to the application.
J. B. Trimble, attorney, and Joaeph Hans, architect, represented the appli-
cants, showed sketches of the proposed building and photos of the area, and explained
that this was designated as Unit 2 of what they plan as a total development of'Palm
Plaza, that this particular development is a joint enterprise of American Dividend
Credit Corp., 0. H. Turner, M. W. Alexander, and Perry G. Melton, who own the remain-
ing property in the block, that the property is now totally undeveloped, and that they
were ready to start i®ediate construction if the zoning is granted.
Motion by Pat Dunne, seconded by Humble and passed that the hearing be clos-
ed, and the Zoning & Planning Commission recommendation be upheld and the zoning be
changed from "R-1" to "8-3" subject to the filing of a replat with 3 to 1 parking
ratio.
Mayor King announced the Council would hear the application of The Pete
Quality Homes Inc., for a change of Zone from "R-1" One Family Dwelling District to
"B-1" Neighborhood Business District, on a tract of land at the northwest corner of
Horne Road and Prescott Avenue, and being 2.70 acres more or less out of Lot L4,
Section "G", Paisleys Subdivision of the Hoffman Tract, fronting 245 feet on Horne
Road and 480 feet on Prescott Avenue.
Mayor King read the recommendation of the Zoning & Planning Commission'that
it be denied because the development (Monterrey Garden Subdivision) is premature
since no homes have yet been built and therefore no public necessity has been shown
for a shopping center at this time.
Mr. Anderson located the property on the map and explained that the appli-
cant has a 40 -acre plot for which they are preparing subdivision plans and that they
are asking for business zoning at this area to develope a small shopping center
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Special Council Meeting
February 20, 1961
Page #6
to serve the subdivision, that Mr. Pels had agreed to the City's terms with regard
to certain ROW purchase for widening of Horne Road and that this was a logical spot
for the shopping center.
John Keltner and Jule H. Pels described the plans for both the subdivi-
sion and the shopping center, pointed out that the original plats had had to be re-
designed after having been approved due to the City's need for addiional ROW.
Marvin Townsend, Assistant City Manager, explained that the necessary legal
instruments had not been drawn up due to City Attorney Singer's being in Court all week
but that the sequence of facts were as follows: after Mr. Pels' preliminary plat had
been accepted, it was found that the City needed an additional 30 feet of right of way
for the widening of Horne Road and that it was only feasible to obtain the additional
width on Mr. Pals' side, this being the least developed side of the road; that Mr. Pels
had agreed to dedicate an additional 10 feet of right of way, making 20 feet if the
City would purchase the next 10 feet at the raw acreage price, making a total of 30
feet needed by the City; that Mr. Pals had further agreed to pay the additional coat
for putting in curb, gutter and street excavation in lieu of paying his portion of
the paving, with the City matching the paving of the other half of the street; and that
all this meant that Mr. Pela had had to go to the additional expense and delay in his
development to have new plans and a new plat made, which would still have to be approved.
City Manager Whitney recommended that the zoning be granted, and that a signed
instrument setting out all the pertinent facts be kept in escrow for the incoming
Council to execute on the part of the City.
Mayor King stated that with such an agreement executed by the owner being
held in escrow, he didn°t see how the City could be hurt, that he considered it was
a very good deal for the City, and that he could see no reason why a reasonable Coun-
cil would not execute the agreement later.
Manuel Cantu, speaking for his wife and his two neighbors, stated that they
are in favor of the zoning, provided there are no taverns allowed in the shopping center.
Motion by Humble, seconded by Pat Dunne and passed, with Commissioner Joe
Dunn abstaining, that the zoning on a tract of land at the northwest corner of Horne
Road and Prescott Avenue, and being 2.70 acres more or less out of Lot 14 Section "G",
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Special Council Meeting
February 20, 1961
Page #7
Paisley's Subdivision of the Hoffman Tract, fronting 245 feet on Horne Road and
480 feet on Prescott Avenue, be changed to "B-1" Neighborhood Business District,
subject to a proper plat being filed with plat endorsement requiring construction
within two years, deed restriction that no taverns will be permitted, and subject to
signed agreement being worked out with the City Staff in connection with Horne Road
ROW and street surfacing conditions in accordance with the recommendations of the
Director of Public Works,
Commissioner Joe Dunn stated that he thought it vas a fine deal, but that
he abstained from voting on the basis that he has not seen the agreement,
There being no further business to come before the Council, the special
meeting was adjourned.