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HomeMy WebLinkAboutMinutes City Council - 05/23/1962 - Special• • PRESENT: Mayor Ben F. McDonald Commissioners: Tom R. Swantner Dr. James L. Barnard J. R. de Leon M. P. Maldonado W. J. Roberts Jim Young SPECIAL COUNCIL MEETING May 23, 1962 4;00 P.M. City Manager Herbert W. Whitney City Attorney I. M. Singer City Secretary T. Ray Kring Mayor Ben F. McDonald called the special meeting to order at 4:00 P.M. for the purpose of public hearing on 3 zoning applications. City Secretary T. Ray Kring called the roll of those in attendance. Mayor McDonald explained the procedure to be followed, and announced the public hearing on the application of Mary Spiaak Moses for a change of zoning from "R -1B" One -family Dwelling District to "B-3" Shopping Center District on a portion of the May Tract located on the Southwest corner of the intersection of Hayward Drive and South Staples and a portion of Lot 18, Block 5, W. B. Ray Heights Sub- division, more fully described by metes and bounds. J. T. Dunkin, Senior Planner, located the property on the map; pointed out the surrounding zoning and land uses in the area; explained the circumstances under which this application was re -advertised as requesting "B-1" Neighborhood Business District classification and re -heard by the Zoning & Planning Commission since the property does not meet the minimum area requirement established for the "B-3" Shop- ping Center District; pointed out that there are deed restrictions on the portion of the property of the application which is within the W. B. Ray Heights Subdivi- sion; that there were 3 letters received against the amended application, and none in favor of the re -zoning; and that the recommendation of the Zoning & Planning Commission was that it be approved subject to the following conditions: 1) Ingress and egress be approved by the Zoning & Planning Commission as indicated on final plat; 2) That a 6 -foot solid fence be constructed adjacent to the Northeast property line of the proposed Lot 2, W. B. Ray Heights Unit 3, as shown on the preliminary plat submitted by the applicant; this fence to extend from the Southeast corner of Lot 2 to the front building line; 3) That a buffer strip be constructed between Hay- ward Drive and a line 25 feet from and parallel to Hayward Drive and extending from the Northeast property line of Lot 2 to a point 20 feet from Staples Street, con- sisting of an attractive masonry wall 4 feet high, 25 feet from and parallel to • ~ • Special Council Meeting - Page #2 May 23, 1962 - 400 p.m. Hayward Drive, and shall include landscaping compatible to the surrounding rest, dential area; 4) That the owner and the City enter into an agreement which will stipulate the necessary adequate provisions for the construction and maintenance of the required buffer strip adjacent to Hayward Drive; and 5) Be subject to a proper plat. Hodge Thompson, attorney representing the applicant, reviewed the history of the zoning requests on this property; explained the intended use of the property is for retail stores on Lot 1 of the sketch displayed, that his client did not object to development of the unplatted property across Hayward Drive as professional offices, and that if they are not permitted to discharge on Hayward Drive they would abandon the request for any re -zoning of Lot 18; that the conditions of the solid fence, buffer strip, and maintenance of the landscaping to protect the residential area were satisfactory to them along whatever would be the back line. F. S. Zarria, 3409 South Staples, spoke in opposition to the application on the basis of the nuisance of litter from the shopping center blowing onto his property, and on the possibility of requesting business zoning on those lots next to the property in the near future, but agreed that if granted, the fence would be helpful. No one else desiring to be heard, Mayor McDonald declared the hearing closed. Motion by Young, seconded by Maldonado and passed that the recommendation of the Zoning & Planning Commission be concurred in, and the zoning be changed from "R -1B" to "B-1" on a portion of the May Tract located on the Southwest corner of the intersection of Hayward Drive and South Staples and a portion of Lot 18, Block 5, W. B. Ray Heights subdivision more fully described as BEGINNING at the most norther- ly corner of Lot 7, W. B. Ray Heights Unit 2, said corner being in the westerly R.O.W. line of South Staples St. and an easterly corner of this tract being described; THENCE from point of beginning, with line of said Lot 7, S. 45 deg W. 200° to a corner; THENCE N. 3 deg 05' 52" E. 19.09° to a corner, a point of curvature of a curve to the left; THENCE with the curve to the left whose central angle is 56 deg 35' 52", Radius 75°, tangent 40.10° and length is 74.09' to a corner; THENCE N. 53 deg 30' W. 60.20' to a corner being in the southerly R.O.W. line of Hayward Drive; • Special Council Meeting - Page #3 May 23, 1962 - 4:00 P.M. THENCE with said R.O.W. line, N. 36 deg 30' E. 97.88' to a corner, being a point of curvature of a curve to the right; THENCE with said curve whose central angle is 22 deg 30', Radius 40.96', tangent 205.9' and length is 80.86' to a corner a point of curvature of a radius curve to the right; THENCE with said curve whose central angle is 90 deg, radius 30' tangent 30', and length is 47.12' to a corner, lying in the R.O.W. line of South Staples Street; THENCE with said R.O.W. line S. 31 deg E. 116.48' to the point of BEGINNING; subject to the following conditions: 1) That Ingress and egress be approved by the Zoning & Planning Commission as indicated on final plat; 2) That a 6 -foot solid fence be constructed adjacent to the northeast property line of the proposed Lot 2, W. B. Ray Heights Unit 3, as shown on the pre- liminary plat submitted by the applicant; this fence to extend from the southeast corner of Lot 2 to the front building line; 3) That a buffer strip be constructed between Hayward Drive and a line 25 feet from and parallel to Hayward Drive and ex- tending from the northeast property line of Lot 2 to a point 20 feet from Staples Street, consisting of an attractive masonry wall 4 feet high, 25 feet from and paral- lel to Hayward Drive, and shall include landscaping compatible to the surrounding residential area; 4) That the owner and the City enter into an agreement which will stipulate the necessary adequate provisions for the construction and maintenance of the required buffer strip adjacent to Hayward Drive; and 5) Be subject to a proper plat. Mayor McDonald announced the public hearing on the application of Roy Smith for a change of zoning from "R -1B" One -family Dwelling District to "I-2" Light Industrial District on a 3.6 acre tract of land out of Lot 1, Section 5, Bohemian Colony Lands, being 500 feet more or less on Lexington Boulevard and 314 feet more or less deep and being more fully described by metes and bounds. J. T. Dunkin located the property on the map; pointed out the existing "I-2" zoning and the land use of the area; explained that all necessary R.O.W. has been furnished the Highway Department; that there were 2 letters received in favor of this application and none against; and that the recommendation of the Zon- ing & Planning Commission was that this request for "I-2" Light Industrial District be approved. John Keltner, 127 North Staples, representing the applicant, spoke in Special Council Meeting - Page #4 May 23, 1962 - 4:00 P.M. support of the application on the basis that it would be an extension of the exist- ing zoning and was needed for development of the property. No one else desiring to speak, Mayor McDonald declared the hearing closed. Motion by Swantner, seconded by Young and passed that the recommendation of the Zoning & Planning Commission be concurred in, and the zoning be changed from "R-lB" to "I-2" on the 3.6 acre tract of land out of Lot 1, Section 5, Bohemian Colony Lands, being 500 feet more or less on Lexington Boulevard and 314 feet more or less deep and being more fully described as BEGINNING at a point in Lexington Boulevard R.O.W., said point being the northerly corner of Block "D", Columbia Park Center, Unit 1, also the point of beginning of this tract being described; THENCE, S. 30 deg 08' W. 314' to a corner; THENCE N. 59 deg 52' W. 499' to a corner; THENCE N. 30 deg 08' E. 314' to a corner being in Lexington Boulevard R.O.W.; THENCE S. 59 deg 52' E. 500' to point of BEGINNING; subject to the filing of a proper plat. Mayor McDonald announced the public hearing on the application of H. T. Waters for a change of zoning from "R -1B" One -family Dwelling District to "R-2" Two-family Dwelling District on Lot 219, Baymoor Addition, being that property lo- cated on the northeast corner of the intersection of Baymoor Boulevard and Ebony Street. J. T. Dunkin located the property on the map; pointed out the existing zoning of the area; explained that there were 4 letters received in favor of this application and none against; and that the recommendation of the Zoning & Planning Commissionwas that the request for "R-2" Two-family Dwelling District be approved, Jack White, Attorney representing the applicant, spoke in support of the application on the basis that the owner plans to tear down the existing dwelling and build a one-story duplex on the property which would be an improvement for the neighborhood. No one else desiring to speak, Mayor McDonald declared the hearing closed. Motion by Young, seconded by Maldonado and passed that the recommendation of the Zoning & Planning Commission be concurred in, and the zoning be changed from "R -1B" to "R-2" on Lot 219, Baymoor Addition. There being no further business to come before the Council, the special meeting was adjourned.