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HomeMy WebLinkAboutCC 1961-09-05 Minutes page 80 JOINT MEETIBG OF THE ZONING AND PLANNING COMMISSION AND THE CITY COUNCIL, SEPTEMBER 5, 1961. PRESENT: (ZONING COMMISSION) Mr. Frenoh, Mr. Renfro and Mr. Porter. Mr. Novey absent. PRESENT: (CITY COUNCIL) Mayor Hunter, Counoilmen Bell, Campbell, Johns, Terrell and White. Meeting WaS oalled to order by Mayor Hunter at 8:00 P.M., and turned over to the Zoning Commission. Mr. Renfro, representing the Zoning Board made some introduotory remarks, reviewed the previous aotion taken by the Zoning Board and the Davis Memoria1 Methodist Churoh regarding the lots in question (i.e. Lots J thru 11, Lonsdale Add.) owned by Mr. Dowdy and Mr. Barker, and asked Mr. W. D. Campbell, Attorney representing Messrs. Dowdy and Barker, to present their side of the case. Mr. campbell stated that the best use and only reasonable use at thia point of Mr. Dowèy and Mr. Barker's land is for looal retail and not residential. He stated that they have immediate plans for a looal retail ceramio tile retail store, are seriously talking to a Dootor, and less seriously talking to a Dentist regarding office buildings. He pointed out that there is a great distance facm the Churoh to the proposed building site, with off-street parking pro- vided. He stated that their intentions and plans do not interfere with the Church's plans. He presented to the Zoning Board and to the Counoil copies of a letter from Mr. Hagood of Hagood Investment Company, æegarding a survey he had made of the lots in question and the surroundihgproperties, and stating that the lots were not suit- able for residential property, but were highly deRl~able as commer- cial property. He further stated that Messrs. DDWdy and Barker interviewed all the neighboring property owners before they purohas- ed these lots, and found no objection to the lots being zoned com- mercial. He closed his remark. with the question, "Is the objection of one group reasonable excuse to prevent the zoning of this land commercial?" Mr. Renfro stated that plans of several years ago were to establish commerdial zoning up Smithfield Road on both sides from Highway 121 to Harwood; and that in 1959 when the Nor'East Addition came in there was a request for strip zoning by Mr. Howell, and that they turned him down and talked him into developing a 10-aore tract into a shopp~ng center which traot was subsequently zone commercial. This and various other areas commercially zoned were pointed out on the map. Mr. Renfro further stated that he had been advised by Messrs. Knowlton and Gregory that they owned the lot where the water tank is and that they intended to movec: the house whioh is there now, and put in a commeroial building. He stated that in the area between Lola and Maplewood Streets there are two houses there now in a commeroially zoned area, and that these two residenoes are the only non-conform- ing use of this area. Page 81 Mr. John B. Ellis, Attorney for the Davis Memorial Methodist Church, atated that they do not expect any special consideration, that they are just like anyone having a residence. He stated that the zoning of these lots would be strip zoning, and that the Church feels that in the long run strip zoning will deteriorate the value of the sur- rounding property. He stated that three lots north of the Church are currently undeveloped, but that homes are being planned on these lots. He further stated that Mr. Howell has indicated his intentioms of building a shopping center on the IO-acre tract, and that the Churoh feels that the City should not make an exception and rezone what was previously residential. He stated that they object to the six-foot redwood fence to be built in back of the business property, that it would be unsightly. Mayor Hunter ..ked Mr. Ellis if he placed significance on the letter from Mr. Hagood. Mr. Ellis stated that he felt sure Mr. Hagood waR hired to write that letter and that "if you pay anyone they lean toward your side". Mr. Ellis then gave Mr. Renfro a letter ø~ protest for the files. Mr. Campbell stated in rebuttal that they did pay Mr. Hagood for his professional report, and that he is one of the three men in Fort Wonth who make this kind of report; that Mr. Hagood came out and personally looked over the property in question, together with the neighboring properties before making his report. Mr. Campbell pointed out that the property where the Church is situated was not previously zoned anything: that the only houses on this highway are sub-standard and have been there a long time, except for three new ones being constructed. He stated that Mr. Howell says he cannot get the deed restrictions changed, and that that is the only reason Mr. Howell is building houses there; and that this is not an indi- cation that this is desirable residential property. Mr. Campbell further stated that no one objec~ed to the rezoning for the Church, and he feels that the Church is not reasonable in not wanting any changes made in the zoning because they have their Church there. He pointed out that the property in question is 2JO feet deep and will provide off-street parking; that the distance across the high- way is great, and not like building something next ðoor to the Church. He stated that to not zone this property oommercial will leave the property to decay, that it will not force people to build residences there. He appealed to the Council to consider the pro- perty owners, and not leave them with property on their hands that they cannot make reasonable use of. Mr. Ellis stated that Mr. Dowdy knww how the property was zoned when he bought it, and Mr. Campbell replied that Mr. Dowdy did not positively buy the land until he had all the nearby property owners agree to have it zoned commercial. Mr. Renfro stated that the members of the Zoning Zommission have a two-fold obligation to the home owners, and to the people who are developing this City. He said that strip zoning is undesirable, no matter what you call it, and that the Board has been consistent in trying to avoid strip zoning. He asked Mr. Dowdy if he could use the four-acre block to make a shopping center and not have Just page 82 single lots in a strip. Mr. Dowdy stated that he owns only two lots facing Yiffen street, and the other lots in this blOck are in- dividually owned by several people and that he co~ld not buy up all this property and build a shopping center. Mr. Porter stated that this is not a matter for the Zoning Board alone to decide, but for the Council as well, and asked "Which way are we going: strip Zoning or not - where can we have commercial property except along a highway; you can't go in the middle of a residential area and build shopping centers; are we going to scrap Mr. Dowdy's property and then zone the 20-acre tract next to them commercial?" Councilman Campbell asked if this 20-acre tract is just north of Laura street, and Wts advised that it was. This brought on a dis- cussion with Mr. Cliff Majors, who is to develop this tract into a shopping center. Mr. Porter read the recommendation of the Zoning Commission to the effect that thep neither denied nor approved the commercial zoning of the lots in question, but that if the Council approved the zon- ing that would be an indication of the policy the Counoil wished to follow regarding strip zoning in the future. After discussion among the Councilmen, Mayor Hunter pointed out to Mr. Porter that the Council felt that that was no recommendation at all, and that they could not act until a bona fide recommendation was submitted by the Zoning Commission. Commercial zoning in various cities was discussed, and the consensus of opinion of the Council as that strip zoning could not be avoided entirely, but that in order to make the best use of the land, areas along a highway and/or other busy thoroughfares would have to be strip zoned, although block zoning for shopping centers was much more desirable and should be encouraged where possible, and that each zoning request should be considered individually on its own merits. Mr. Porter then submitted the recommendation of the Zoning Board that the commercial zoning of the lots in question be denied. Councilman Bell made a motion that the recommendation be adopted by the Council. Motion died for lac~ of a second. Motion was then made by Mr. White that the recommendation of the Zoning Board be denied and the commercial zoning be approved by the Council. Mr. Terrell seconded and motion carried 4-1, with Mr. Bell voting against. Mr. Campbell then made a motion that the Council go on record as being opposed to strip zoning in general, and that the Zoning Com- mission be so instructed. Motion seconded by Mr. Bell and carried 5-0. Page 83 Mr. Dowdy and Attorney campbell thanked the Council and Zoning Board and the meeting was adjourned at 11:45 P. M. APPROVED: ~Á/~ -~/!. . i Y01\ ! (~$d/h7 NOTE: In the absence of the City Secretary, minutes of this meeting were taken by Mrs. Hunter at the request of Mayor Hunter and were transcribed in detail since there was no tape recording of the pro- ceedings.