1959-03-23 CC MinutesI
MINUTES OF A SPECIAL MEETING
BOARD OF COUNCILMEN
FARMERS BRANCH, TEXAS
March 23, 1959
The City Council convened in a special meeting on March 23, 1959,
at the Community Building at 7:30 P. M. with the following present:
Mayor
Councilmen
City Manager
City Attorney
City Secretary
1
Lawson Lewis
H. N. Mallon
John Wilsey
Thomas Reeder
Oley Attebery
J. M. Orman
H. Louis Nichols
Dorthanna Williams
City Manager Orman gave the invocation.
Mr. Orman explained that the meeting had been called for the pur-
pose of the Council deciding if they wanted to have a Public Hear-
ing on a change in Zoning on property bounded on the West by Tem-
pleton Trail, on the north by Valley View Lane, on the east by
Marsh Lane and on the south by the proposed Outer Loop.
Mr. Orman read the recommendations from the Planning and Zoning Com-
mission, which reads as follows:
"At a meeting held on March 18, 1959, the following motion was made
by Vito Acciarito and seconded by Bob Howard, passed unanimously,
Vito Acciarito, Bob Howard, Rufus Hunsaker, Howard Dennis and George
Hixon.
The Plan Commission in keeping with its policy of continually study-
ing the development occuring within the City of Farmers Branch has
recently reviewed the existing and proposed development contemplated
in the general vicinity of Webb Chapel and Valley View - extending
east to Marsh Lane. It should be noted that the portion of Valley
View Estates from Lavita north to Valley View, which is presently
zoned R-16, has been developed with lots platted with 100' of front-
age, 130' of depth and contain areas of 13,000 sq. ft. This plat-
ting pattern occured prior to the adoption of the present zoning
ordinance. The homes built in this area have floor areas in excess
of the minimum required in the R-16 classification. It is further
noted that the development proposed in the Brookhaven Estates Addi-
tion contemplates lots ranging from 13,000 sq. ft. to 15,000 sq. ft.
and is presently zoned R-10. This is the only zoning classification
in the existing ordinance under which lots proposed by the developer
would be conforming. The first section of this area filed for record.
4?
contained 53 lots and was accompanied by deed restrictions which
required a minimum floor area of 2,200 sq. ft. These restrictions
do not apply to the entire area presently zoned R-10. The City of
Farmers Branch has areas zoned R-16 with 13,000 sq. ft. lots and
areas zoned R-10 with 13,000 sq. ft. lots. Therefore, in order to
provide continuity of development, it is the recommendation of the
City Planning and Zoning Commission that a new zoning classification
be created. This classification would require a minimum lot area
of 13,000 sq. ft., would have a minimum width requirement of 100',
a minimum depth requirement of 120', and a minimum floor area re-
quirement of 1,250 sq. ft., the same floor area as required in the
R-16 classification now. The Planning Commission further recom-
mends that that portion of Valley View Estates north of Lavita, which
is presently zoned R-16, and is bounded by Austell Parkway, Valley
View Lane, Webb Chapel Road, all of that portion of the Brookhaven
development south of Brookhaven Drive and the western one-third of
the Ray Nasher property located south of Valley View and east of
Templeton Trail be placed in its new R-13 zoning classification.
It is further recommended that inasmuch as the recorded plat for
Town North Estates provides lots meeting the requirements of the
R-8.7 zoning classification with the exception of possibly six lots
and the development plans for this addition provides a minimum floor
area in excess of the minimum required in the present R-16 zoning
classification, the Plan Commission recommends that the Town North
Addition and the remaining two-thirds of the Nasher property be
placed in the R-8.7 zoning classification."
Mr. R. M. Ginsberg, Attorney for Ray Nasher, said they would object
to the City zoning any of their property R-13. He also stated that
in May, 1957 they received a letter from the Planning and Zoning
Commission, after several meetings with the Commission, with the ap-
proval for the present zoning. He said he would see that the Coun-
cil receives a copy of this letter.
Members of the Council asked Attorney Nichols what course they could
legally take. Mr. Nichols told them they could do one of three
things; (1) Do nothing and leave zoning as it now is; (2) Call a
Public Hearing to consider creating a new zone classification R-13;
(3) Send back to Planning and Zoning Commission for further study.
Mr. Ginsberg said if the Council takes the action of creating this
R-13 Classification and applying it to the recommended one-third of
Ray Nasher's property they are saying that regardless of established
zoning before other territory is taken into the City the property
owners in the newly acquired territory would be vilified by changing
this zoning to their specifications. Their plat was worked out and
approved by the Planning and Zoning Commission approximately two
years ago, so why should protestants that did not come into the city
until months later be allowed to cause this zoning to be changed.
Councilman Mallon said no action will be taken by the Council that
favors any group but they will do what they think is wise and best
for the City.
Mr. R. W. Holman of Brookhollow said that the things they are asking
for are not just for them but for the good of the City.
On a motion by Councilman Attebery, duly seconded by Councilman Mal-
lon and passed unanimously, April 13th. was the date set for a Pub-
lic Hearing to consider creating an R-13 zoning classification.
MISCELLANEOUS
Councilman Mallon asked if the City has obtained a deed from Mr. Wm.
Clark for easement for widening Dennis Road. Mr. Orman read a copy
of the deed; Mr. Clark wants the City to pay him $50 and if construc-
tion is not started in three years the easement up to the middle of
the road must revert back to him, also, no assessment on re-paving
against the property owner in the future. Councilman Mallon review-
ed his own deed to the City on this same easement and asked that
they write Mr. Clark's deed like his. He believes he will sign be-
cause Mr. Clark wants the road improved as badly as Mr. Mallon does.
Councilman Mallon asked about the disannexing of property along Old
Denton Road by the City of Dallas. Mr. Orman and Mr. Nichols ex-
plained that the attorney for the City of Dallas has found that it
will be illegal to disannex this property because of the improvements
on it. The Council decided to try a different route and asked for
a check on having a petition signed by 100% of the property owners
asking to be dis-annexed from Dallas and annexed with Farmers Branch.
The Council discussed the re-arranged Budget prepared by Manager Or-
man. Councilman Mallon expressed his appreciation of the improve-
ments made by Mr. Orman. Mr. Orman told them at the end of a six-
month period of the fiscal year he would analyze and revise the bud-
get and present it to the Council for their consideration. He told
them he can re-arrange the amounts in the Codes but must have Coun-
cil approval on transferring from one account to another. The Coun-
cil decided against a six-months audit and will only have an annual
audit this year.
There was a short discussion on the request for a Business Route
through Farmers Branch. The Councilmen all agreed they must keep
after the State Higheay Commission on this and let them know they
will not stop until they get it.
Councilman Attebery asked what had been done about the drainage prob-
lem of Marshall Currey on Valwood Parkway. Mr. Orman reported a
deep ditch has been cut to carry the water but will fill up and have
to be done again after several rains. They have not corrected this
problem permanently.
P
City Secretary