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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. • 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. ¥r 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. • 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. • 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 • a • 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", • 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.