HomeMy WebLinkAboutMinutes City Council - 04/03/1962 - SpecialPRESENT:
Mayor Ben F. McDonald
Commissioners:
Dr. James L. Barnard
J. R. de Leon
M. P. Maldonado
W. J. Roberts
Jim Young
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SPECIAL COUNCIL MEETING
April 3, 1962
7:00 P.M.
Ass't City Manager R. Marvin Townsend
Ass't City Attorney J. F. Park
City Secretary T. Ray Kring
Mayor Ben F. McDonald called the meeting to order.
City Secretary T. Ray Kring called the roll of those in attendance.
Mayor McDonald announced the purpose of the special meeting was to
hold public hearings on 3 zoning applications, and outlined the procedure to
be followed.
Mayor McDonald announced the public hearing on the application of
Mrs. Clara Taylor, Trustee for Mrs. Clara Sturm, for a change of zoning from
"R -1B" One -family District to "B-4" General Business District on a part of
Tract C of the Paul Sturm Partition, described by metes and bounds, said tract
being a portion of Lot 28, Block 3, as shorn by the recorded plat of Westchester
Place Addition.
William Anderson, Director of Zoning & Planning, located the property
on the map; explained the circumstances by which the tract in question was
erroneously recorded as a part of Westchester Place Subdivision and therefore
mistakenly represented as being deed restricted for single-family dwelling
along with the rest of the subdivision; that there were 2 written returns in -
favor of the rezoning and 5 against; that the recommendation of the Zoning &
Planning Commission had been that it be denied on the basis that it is premature
and would not be proper zoning until Interstate Highway #37 is constructed in
this vicinity; but that conditions have changed a little since the case was
heard by the Planning C4zimission, in that the right-of-way for the freeway has
now been acquired which leaves this large tract of land right at the intersection
of the frontage road and Up River Road with adjaeent "B-4" zoning to which this
would be an extension of the "B-4" zoning; that the property is too small to sub-
divide and owner proposes to use for one business operation; that the tract will
have to be platted and approved; and that one or two telephone calls have been
received to the effect that the parties are not now as opposed as at the time of
the Commission hearing.
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Special Council Meeting
April 3, 1962
Page 2
H. T. Cunningham, representing the applicant, presented a revised
supplemental abstract of title correcting the ownership and designation of this
property, and a plan provided by the Highway Department showing access roads,
islands, main thorofare, and overpass in relation to the property in question,
and spoke in support of the application on the basis that it is suitable for
only business development, and that although it is not a firm proposal, the
applicant hopes to have a motel -type development on the property.
J. C. Louisan, 4609 Shell Road, also spoke in favor of the applica-
tion on the basis that it was not suited for a residence.
Mrs. Frank Taneik, 47 Country Club Place, and W. T. Bloomfield, 781
Cornelia Circle, representing several of his neighbors, appeared and spoke in
opposition to the application on the basis that they had no assurance of what
type of business would'be developed on the property and did not care to have any
commercial business so close to their residential property.
The possibility of other types of zoning for the property in question
in the nature of a buffer zone vas discussed at length, it being the feeling of
the Council that whatever zoning was granted should be for the best and highest
development of the property and still protect the residences.
No one else appeared to be heard.
Mayor McDonald declared the hearing closed.
Motion by Roberts, seconded by Barnard and passed that the matter be
taken under advisement to give the Council an opportunity to inspect the prop-
erty involved.
Mayor McDonald appointed Commissioners Roberts, Maldonado and Barnard
as a special committee to inspect the area, evaluate the situation, and report
back to the Council as soon as possible.
Mayor McDonald announced the public hearing on the application of W. M.
Bevly, Ben H. Janssen, Daniel Burebers, Sr., R. M. Little and the Zoning & Plan-
ning Commission for a change of zoning from "A-1" Apartment House District to
"AB" Professional Office District on Lots 14, 15, 16, 17, 18, 19, 20, and 21,
Block'22; Lots 17 and 18, Block 20; Lots 1, 2, 3, and 4, Block 25; Lots 2, 3, 4,
5, 6, 7, 8, and 9, Block 24; all of Windsor Park Unit #4.
William Anderson located the property on the map, pointed out the land
use of the surrounding area, that there had been 3 written returns received in
Special Council Meeting.
April 3, 1962
Page 3
favor of the application and 2 against; and that the recommendation of the
Zoning & Planning Commission was that the application be approved in order to
make the whole area a uniform development. He further explained that those
opposed to the application seemed to be concerned as to certain types of busi-
nesses being established in the area Which will not be since this is "AB" Pro-
fessional Use.
John Allen, accountant for W. M. Bevly, and Dr. R. M. Little, spoke
in favor of the application on the basis that this change of zoning will allow
the neighborhood to develop ,and will also provide facilities that the residents
have to travel some distance to obtain.
Warren Mobley, 5114 Bevly, one of those who had been opposed to the
rezoning, withdrew his objection upon being informed that the alley would re-
main open for use of the residents and would be subject to Police action if
blocked.
No one else appeared to be heard.
Mayor McDonald declared the hearing closed.
Motion by Young, seconded by Maldonado and passed that the recommenda-
tion of the Zoning & Planning Commission be concurred in, and the zoning on Lots
14, 15, 16, 17, 18, 19, 20, and 21, Block 22; Lots 17 and 18, Block 20; Lots 1, 2,
3, and 4, Block 25; Lots 2, 3, 4, 5, 6, 7, 8, and 9, Block 24; all of Windsor
Park Unit #4, be changed from "A-1" Apartment House District to "AB" Professional
Office District.
Mayor McDonald announced the public hearing on the application of John
Wright for change of zoning from "I-2" Light Industrial District to "I-3" Heavy
Industrial District on the 3.044 acre tract, except the 100 x 150 feet of the
Southeast portion of this tract which is a portion of the Original Tyre Mussett
Tract, being that property located at the Southwest corner of Port Avenue and
Buford Street.
William Anderson located the property on the map, pointed out that the
property is surrounded on 3 sides by Light Industry with a very high density
residential area on the other side; and explained that there were 3 written re-
turns received in favor of this application and 5 against, and that the recom-
mendation of the Zoning & Planning Commission was that it be denied since the
applicant does not have definity plans for the use of this property if rezoned,
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Special Council Meeting
Page k 1962
and further, that the proposed "I-3" Heavy Industrial District would alloy ex-
tremely broad and heavy uses that would not be compatible with this area.
John Wright, applicant, appeared and spoke in support of the applica-
tion on the basis that the property is a very large piece of land from which he
would like to realize an income, that the residences are not fancy or of a high-
class type, and that he did not intend to use the
Property for anything that
would be detrimental to those people, and could see no objection since the
property in question is a long block and a half+away fry Memorial Hospital.
During a short discussion, Mr. Anderson read some of the
uses in the Li Permitted
$ht Industrial District, and om®isafoner de Leon suggested that
perhaps the present zoning of the property is sufficient for the applicant's
needs, but Mr. Wright stated he vas still requesting the Heavy Industry zoning.
No one else appeared to be heard.
Mayor McDonald declared the hearing closed, and that the matter be
taken under advisement.
Mayor McDonald appointed Commissioners Roberts, Barnard and de Leon
to inspect the property and area with someone from the Planning Department,
and report back to the Council.
There being no further business to come before the Council, the
special meeting was adjourned.