HomeMy WebLinkAboutMinutes City Council - 09/18/1961 - SpecialPRESENT:
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Mayor Ben F. McDonald
Commissioners:
Tom R. Swantner
Dr. James L. Barnard
J. R. de Leon
M. P. Maldonado
W. J. Roberts
SPECIAL COUNCIL MEETING
September 18, 1961
7:00 P. M.
City Manager Herbert W. Whitney
City Attorney I. M. Singer
City Secretary T. Ray Kring
Mayor Ben F. McDonald called the meeting to order.
The Invocation was given by Dr. James L. Barnard.
City Secretary T. Ray Kring called the roll of those in attendance.
Motion by Barnard, seconded by de Leon and passed that the absence of com-
missioner Jim Young be excused for cause.
Mayor McDonald announced the public hearing on the application of C. F. Ditty
for a change of zoning from "R -1B" One -family Dwelling District to "I-2" Light Indus-
trial District on Lot "A", Byron Willis Subdivision, out of unrecorded Lot 1, Block 1,
original Byron Willis Subdivision, being the north 4221 x 163' of Lot "A" (and being
the north line of the existing "I-2" District, which line is 500' north of Lexington
Boulevard).
Ed Shaw, Zoning Coordinator, located the property on the map as being between
Lexington Boulevard and McArdle Road adjacent to the existing "I-2" zoning on Lexington;
pointed out the surrounding land uses of residential property and one non -conforming
use for a plumbing supply business by a Mr. Dildy; showed the Council a petition re-
ceived by the Zoning & Planning Commission in opposition to the application signed by
152 persons in the neighborhood; stated that there had been one written return in
favor and 7 against the application; and that the Zoning & Planning Commission's rec-
ommendation was that the request be denied.
No one appeared to speak in favor of the application.
Eight residents in the Park Lane Subdivision, directly adjacent to the prop-
erty, Mr. & Mrs. Sorenson, Mr. & Mrs. George Stevens, C. M. Moody, M. L. Jackson,
Carroll Camden, and James Burnett appeared in opposition, presented a display of color
map showing zoning of properties in the area involved, pictures of the residential
homes, Mr. Ditty's property, and that of Mr. Dildy, to support their opposition on the
basis of a health menace due to mice, rats and snakes, a detriment to the area due to
litter and weeds and general unkempt appearance, and a general lowering of residential
property values.
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Special Council Meeting
September 18, 1961
Page 2
No one else wishing to speak, Mayor McDonald declared the hearing closed.
Motion by de Leon, seconded by Maldonado and passed that the recommendation
of the Zoning & Planning Commission be concurred in, and the application for a change
of zoning from "R -1B" One -family Dwelling District to "I-2" Light Industrial District
on Lot "A", Byron Willis Subdivision, out of unrecorded Lot 1, Block 1, original Byron
Willis Subdivision, be denied.
Mayor McDonald announced the public hearing on the application of Sam Susser
& Joe Craine for a change of zoning from "R -1B" One -family Dwelling District to "B-4"
General Business District on Blocks A, B, D, E and also a change in zoning from "R -1B"
One -family Dwelling District to "I-2" Light Industrial District on Block C, being that
property located on the south side of Lexington Boulevard. between Weber Road and the
future extension of Carroll Lane, and having a total acreage of 27.8 acres with an
average depth of 485', plus or minus, as shown by a plat on file in the Zoning & Plan-
ning Office.
Ed Shaw located the property on the map; pointed out the surrounding land
uses; showed a sketch of the area indicating the Weber Road, Carroll Lane proposed ex-
tension, and the proposed residential Carroll Heights Subdivision of Marshall Boykin;
and read the following excerpt from the September 5, 1961, Zoning & Planning Commission
meeting, which constitutes the recommendation: "The Commission discussed this applica-
tion with reference to their previous action and the statements offered by the owners
at this meeting. After considerable discussion, it was moved, seconded, and passed to
amend the action taken on this application at the August 22 meeting as follows:
"1. That Block A, in addition to Block A, be approved as "B-4" General
Business District;
"2. That a portion of Block C (described as being the east 300' along
Lexington Boulevard and the depth of this tract as presented on the
sketch submitted with this application) be approved as "I-2" Light
Industrial District;
That an 18 month time limit to begin construction be imposed on the
portion of Block C recommended for "I-2" Light Industrial zoning;
and
That the application be approved subject to a proper plat, includ-
ing a provision for a street adjacent to the "I-2" District from
Lexington Boulevard to the adjacent tract owned by Mr. Boykin."
Commissioner Barnard requested that hereafter the number of votes for and
against each recommendation of the Commission be furnished to the Council in the re-
ports.
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Special Council Meeting
September 18, 1961
Page 3
Ralph Graham, attorney representing Sam Susser and Joe Craine, located the
property in relation to surrounding zoning and uses; explained that Lot A, on the cor-
ner of Weber and Lexington, and Lot E, corner of the proposed extension of Carroll Lane
and Lexington, are planned for service stations, Lot C, in the middle of the property,
is proposed for a furniture store, and that Lots B and D are planned for retail use, in-
cluding a grocery store on Lot B for which Mr. Ketch, in charge of management of rent-
als, already has a firm offer. He stated that there were no written protests and no
one appeared at the Commission hearing in opposition; that Marshall Boykin had been con-
cerned only with protection being provided for his proposed residential subdivision at
the rear of this property, and that for this his clients had provided a 60' wide street,
Concord Street, as an access street from Lexington to Mr. Boykin property, between
Lot C and D; and further that his clients had dedicated a total of 60' for the widening
of Weber Road, and for the proposed extension of Carroll Lane. Mr. Graham explained
that Mr. Ketch had pointed out the flexibility of this piece of land, since there was
enough area to suit the needs and purposes of any tenant, but that firm details cannot
be concluded until the property is zoned, and urged that the requested zoning be grant-
ed since his clients had paid in excess of $200,000 for the property, that the addition-
al tax revenues to be realized from the development of this property were certainly in
the public interest and growth of the City, and that no one would build a residence
fronting on Lexington. He also explained that the Commission had initially recommended.
"I-1" zoning on Lots B & D in the mistaken belief that this was for general business,
but that "I-1" is for a very limited use, and the "B -k" zoning is required for his
clients' purposes of retail concerns.
Joe Craine stated that he operates three furniture steres in town, that as
his competition has already moved out farther, it is imperative that he gets started
out there too; that they have done everything that has been asked of them; that the
Commission has recommended A, C and E for business, but that a furniture store needs
business around it for, foot -traffic as well as automobile traffic; that they definite-
ly want to develop right away; and urged that the application be granted.
Sam Susser showed the Council a map of the City marked with the areas which
he felt they could serve, and explained that they had an ambitious program for this
area which they intend to call "Lexington Plaza" which Vhey can't develop if they have
to keep begging for 50' or 100' more of the proper zoning; that they intend to develop
just as quickly as they have the tenants; and that they are going to attempt to use
Special Council Meeting
September 18, 1961
Page 4
part of the property to build District Offices for firms from the Valley to Houston.
He stated that they had met all of the requirements of the City Officials, and felt that
the requested and needed zoning should be granted.
Sam Allen, owner of adjoining property across from Weber Road, appeared and
spoke in favor of the application on the basis that Lexington Boulevard was destined
to have a lot of growth for both business and industrial use.
In answer to questions from the Council as to a recommendation with regard to
Lots B and D, which they felt was ignored in the amended recommendation of the Zoning
& Planning Commission, John Keltner, of McClendon & Associates, explained that when the
first map was filed, the Commission had approved the "B-4" zoning for Lots A and E and
"I-1" for the rest of the tract; that during discussion it Was found that "I-1" vas
not satisfactory for N&'. Craine's plans for development of Lot C; and the Commission
then approved the 300' of Lot C for "T-2" use, so that meant that Lots A, 300' of Lot C,
and Lot E Were approved for zoning, but no vord about B & D; that following the Com-
mission's meeting on Sept. 5, the present preliminary plat, revised to show the dedi-
cated street areas, the reduction of the size of Lot C to the approved 300' for
and the balance of the property of Lots B and D for "3.4", had been resubmitted.
Howard Ayers, Chairman of the Zoning & Planning Commission, stated that the
Commission's recommendation had been amended to provide the necessary zoning for the
portions of the property for which there was immediate planning, end that the feeling
had been to withhold any zoning on the other 2 pieces of property until such time as
there were particular and definite plans for it.
Mayor McDonald stated that he would be willing to rule to sever Lots B aad
o from the application and send that potion back to the Zoning & Planning Oommisaion,
and ask the Council to act on the balance. During the discussion, Mr. ilraham stated
that he considered that the record as presented reflects a denial of the soning re-
quested on Lot and Lot D.
Mayor McDonald declared the hearing closed, and that he would entertain
amendments to the recommendation of the Zoning & Planning Commission and vote on then
first, and then vote on the amended recommendation or on the Sept. 5th recommendation,
as the case may be.
Motion by Swantner, seconded by Barnard and unanimously passed that the
recommendation of the Zoning & Planning Commission of Sept. 5th be approved by this
Council with the addition of Lots B and D in the "13-4" approval, and that the zoning
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Special Council Meeting
September 18, 1961
Page 5
be granted as requested upon the plat under date of Sept. 12, 1961, under seal of
McClendon & Associates, Which shows Lot C as being zoned "1-2" for 300', the right-
of-way for Concord Street, Weber Road and Carroll Lane, and Lots A, B, D and E as be-
ing zoned "B-4", subject to final approval of plat submitted.
Mayor McDonald read the application of John J. Heller for a change of zoning
from "R -1B" One -family Dwelling District to "AB" Professional Office District on Lot 15,
Block 6, Del Mar Addition, being that property located at 1714 Third Street which is
vacant.
Ed Shaw located the property on the map, explained that the owner plans to
build a duplex on the lot, that the application for "AB" zoning rather than "R-2" had
been made at"the suggestion of the Planning Office so as to provide for his plans but
eliminate any question of spot -zoning, since Lot 15 is adjacent to "AB" zoning; that
three written returns had been received in favor of this application and six against,
but that since the owner had stated that he would file deed restrictions restricting
the use of the lot to duplex dwelling, two persons had withdrawn their objection by
phone; and stated that the recommendation of the Zoning & Planning Commission was that
it be approved subject to deed restrictions being filed restricting the use of Lot 15,
Block 6, Del Mar Addition to a two-family dwelling.
John Heller appeared in support of his application and presented the re-
striction to be recorded with the County.
A. H. Hurst spoke in support of the application, and stated that Father
Cannon, representing 5 property owners had approved and thought the zoning should be
granted after explanation of the restriction and proposed development.
No one appeared in opposition to the application.
Mayor McDonald declared the hearing closed.
Motion by Roberts, seconded by Maldonado and passed that the recommendation
of the Zoning & Planning Commission be concurred in, and that the change of zoning
from "R -1B" to "AB" be granted on Lot 15, Block 6, Del Mar Addition.
Mayor McDonald read the application of Mrs. Lora M. Sherrill for a change of
zoning from "R -1B" One -family Dwelling District to "A-2" Apartment House District on
Lot 1, Retama Grove Addition, at 814 Cenizo Street, and the adjoining property to the
south (160' x 130.3') located on the northeast corner of Cenizo and Up River Road (un-
recorded) at 4014 Up River Road.
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Special Council Meeting
September 18, 1961
Page 6
Ed Shaw located the property on the map, pointed out the surrounding uses of
property, explained that Lot 1 has a swimming pool on it, that the adjoining property
described as 160' x 130.3' on the northeast corner of Cenizo and Up River Road is a
large residence for which a Special Council Permit to operate a convalescent home has
expired, that the applicant desires to convert the upstairs of her home into 1 or 2
apartments, and that the recommendation of the Zoning & Planning Commission was that
the property on the northeast corner of Cenizo and Up River Road (a 160' x 130.3' lot)
be approved subject to the filing of a proper plat and that Lot 1, Retema Grove Sub-
division, be denied.
The following appeared in opposition to the foregoing application: Mr. & Mrs.
L. D. Davis, Mrs. Jennings, and Mrs. Allsop. Mr. Davis, as spokesman, objected to the
changing of the single family residential zoning, but that they didn't particularly ob-
ject to Mrs. Sherrill making another apartment in her existing residence, on the basis
of its being detrimental to the surrounding residential property values, but their
primAry objection was to any change in zoning of that part facing on Cenizo Street.
No one appeared to speak in favor of the application, and Mayor McDonald
asked that the record show that the applicant, Mrs. Sherrill, had not been present.
Mayor McDonald directed that in addition to the required legal notice of
public hearing on zoning applications, that the City Secretary notify by postal card
all persons of record who appeared before the Zoning & Planning Commission public hear-
ing, and that in the case of petitions received in this connection, that the moat log-
ical representative be notified.
Mayor McDonald declared the hearing was closed.
Motion by de Leon, seconded by Barnard that the request for a change of
zoning from "R -1B" to "A-2" on Lot 1, Retama Grove Addition, and the adjoining prop-
erty to the south located on the northeast corner of Cenizo and Up River Road, be
denied in its entirety. On vote, Mayor McDonald abstained, Commissioners Barnard, de
Leon, Maldonado and Roberts voted "Aye", Commissioner Swantner voted "Naye", and Mayor
McDonald declared the motion had carried 4 to 1, and that the change in zoning was
denied.
There being no further business to come before the Council, the meeting was
adjourned.