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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 • 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. • 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, • 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.