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HomeMy WebLinkAboutMinutes City Council - 02/06/1963 - SpecialCITY OF CORPUS UtittISTI, TERAS SPECIAL COUNCIL MEETING February 6, 1963 4;00 p.m. PRESENT: Mayor Ben F. McDonald Cceanissioners Tom R. Swantner Dr. James L. Barnard J. R. de Leon M. P. Maldonado W. J. Roberts Jim Young City Manager Herbert W. Whitney City Attorney I. M. Singer 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 con- duct public hearings on three zoning applications, and explained the procedure to be followed. Mayor McDonald announced the public hearing on the application of Mr. & Mrs. 0. H. Miller, Mr. & Mrs. J. R. Penick, and Mr. & Mrs. H. T. Bonar for a change of zoning from "R -1B" One -family Dwelling District to "B-4" General Business Dis- trict on TRACT I, an unplatted rectangular portion of Lot 9, Section 31, Flour Bluff & Encinal Farm & Garden Tracts, beginning at a point in the Northwestern right-of-way line of Paul Jones Avenue, said point being 246' Southwest of the intersection of Paul Jones Avenue and Lexington Boulevard, extending 340' in a Southwesterly direction along Paul Jones Avenue and extending to a depth of 138'; TRACT 1I, an unplatted rectangular portion of Lot 9, Section 31, Flour Bluff & Encina]. Farm & Garden Tracts, beginning at a point in the Northwestern right-of- way line of Paul Jones Avenue, said point being 96' Southwest of the intersection of Paul Jones Avenue and Lexington Boulevard, extending 100' in a Southwesterly direction along Paul Jones Avenue and extending to a depth of 138'; and TRACT III, an unplatted rectangular portion of Lot 2, Section 31, Flour Bluff & Encinal Farm & Garden Tracts, beginning at the Northwestern corner of the intersection of Lex- ington Boulevard and Paul Jones Avenue, extending 291' in a Northwesterly direc- tion along Lexington Boulevard and 96' in a Southwesterly direction along Paul Jones Avenue. Tom Lake, Zoning Coordinator, located the property on the map; pointed out the existing zoning and land uses of the area; stated that the recommendation of the Zoning & Planning Commission is that the request for "B-4" General Busi- ness District be approved; and explained that 9 notices had been mailed out, one • • City of Corpus Christi, Texas Special Council Meeting February 6, 1963 Page 2 written return had been received in favor of the application and 2 against, and that 2 persons had appeared in opposition at the Commission hearing. Dave Coover, representing the applicants, reviewed the history of the area with respect to the Navy's development and use of the Peary Place Subdivision for housing purposes, and the ownership and use of the tracts described in the application to serve the project; explained the purpose of the application was to enable the applicants to obtain financial assistance for the redevelopment and improvement of their existing business operations, which in all instances repre- sents the life savings of the individuals involved; and pointed out that fresh capital cannot be obtained for nonconforming use of property. He particularly emphasized the existing condition of the Miler tract and the need for financial assistance to clean up and restore the property so as to continue its former successful use as a grocery store. Mayor McDonald requested that the minutes reflect that Commissioner Swantner was excused at this point in the meeting due to an emergency. George H. Miller, son of one of the applicants, spoke in support of the application on the basis that the property has been in continuous commercial use of some sort since 1946, and that the requested zoning will allow the property presently used of necessity as a trading and swap shop operation to revert to the more desirable former use as a grocery store. Frank Tompkins, 1602 Paul Jones Ave., representing himself as a resi- dent, and John L. Tompkins, developer of Peary Place Subdivision, presented a letter signed by John L. Tompkins, dated February 6, 1963, which was ordered re- ceived and was read, to the effect that he was aware of and sympathetic to the problems of the applicants, but that the "B-4" zoning should not be extended any further than the business line of Block "A" of the Peary Place Subdivision, and certainly no further than the projection of the North line of Brittany Street; and suggesting that the application on Tract I, the Miller property, be tabled until the property is put into condition, to comply with City Health and Fire Or- dinances. Mr. Frank Tompkins stated that they were not opposed to the rezoning of Tracts II and III, but that the granting of "B-4" zoning for Tract I would constitute spot zoning due to the omission of the C.P. & L. property between Tract I and II, would provide no protection for the adjacent church and parson- City of Corpus Christi, Texas Special Council Meeting February 6, 1963 Page 3 age property, and would allow many uses detrimental to the neighboring residential property. In rebuttal, Mr. Coover pointed out that the church and parsonage had existed for 7 years adjacent to the grocery store operation; that it was his under- standing that application for the rezoning of the C.P. & L. property had not been received in time to be included in this application; and that the required plat- ting, the necessary building permits, and the lot size requirements would protect the neighborhood from the permitted "B-4" uses which are usually considered un- desirable near a residential area. Mayor McDonald declared the hearing closed. Motion by Barnard, seconded by Maldonado and passed that the zoning be changed from "R -1B" to "B-4" on Tract II and Tract III described in the applica- tion, and that the zoning on Tract I described in the application be changed from "R -1B" to "B-1" Neighborhood Business District. Mayor McDonald announced the public hearing on the application of Mr. Roy Smith and Mr. E. S. Joslin for a change of zoning from "R -1B" One -family Dwelling District and "B -1A" Tourist Court District to "B-4" General Business District on a 4.4 acre tract of land of the Southwest half of Lot 1 of the Gnegy Addition, de- scribed by metes and bounds, and further described as being located South and ad- jacent to Sherwin Place Addition and West and adjacent to Mt. Vernon Shopping Center. Tom Lake located the property on the map; pointed out the existing zoning and land use of the area; stated that the recommendation of the Zoning & Planning Commission is that the request for "B-4" General Business District be approved subject to a proper plat; and explained that 24 notices had been mailed out, one written return had been received in favor of the application, and none against. Roy Smith, speaking in support of the application, explained that part of the property described would be used for parking in connection with the pro- posed development of a bowling alley operation which would have added access through the Mt. Vernon Shopping Center property also owned by the applicants, and that he was sure satisfactory solution to the problem of a street connection for Lum and Nolan Avenues which presently dead end at his property line can be worked out when the final plat is filed for approval. • • City of Corpus Christi, Texas Special Council Meeting February 6, 1963 Page 4 No one appeared in opposition to the application. Mayor McDonald declared the hearing closed. Motion by de Leon, seconded by Young and passed that the recommendation of the Zoning & Planning Commission be concurred in, and the zoning on the tract of land described in the application be changed from "R -1B" and "B -1A" to "B-4" General Business District subject to the filing of a proper plat. Mayor McDonald announced the public hearing on the application of All Saints' Episcopal Church for a change of zoning from "R -1B" One -family Dwelling District to "AB" Professional Office District on all of Lots 12, 13, 14, and 15, Block 42, Lindale Park No. 3, Tom Lake located the property on the map; pointed out the existing zon- ing and land use of the area; stated that the recommendation of the Zoning & Plan- ning Commission is that the request for "AB" Professional Office District be denied but that a Special Permit for the operation of a day nursery under Article 25, Section 25-4, Sub -section 12 of the Zoning Ordinance be approved; and explained that 26 notices had been mailed out, 3 written returns and one telephone call had been received in favor of the application, and 4 written returns received against. Reverend Tom Morris, rector of All Saints' Episcopal Church, spoke in support of the application, pointed out the need for the nursery school and that a special permit was all that was really needed in order to obtain the required State approval for the nursery school which had been in operation for the past two years, and the Certificate of Occupancy from the City, Mrs. Mary Moon, of the State Child Welfare Dept,, appeared to confirm the fact that the present nursery school operation has met all the standards and gone beyond the minimum standards of child care, and that the State is ready to issue its license as soon as all the City ordinances have been complied with. The following appeared in support of the foregoing application: Allen Wiggins, 1436 Annapolis; Mills McBride, 1514 Killarmet; Cmdr. George Steward, 1033 Hamlin; Jack Nicks, 646 Texas; and John McGee, Redden Street. C. S. Reagan, 1047 Vaky, appeared in opposition to the change of zoning on the basis that other requests for business zoning along Staples Street would follow, but favored the granting of a special permit for the purpose of the nur- sery school operation only. City of Corpus Christi, Texas Special Council Meeting February 6, 1963 Page 5 Rex Patrick, 1045 Vaky, Hubert Letts, 1037 McClendon, and Ernest Tackette, 1048 McClendon, all spoke in opposition to both the rezoning and to the nursery school operation on the basis of additional noise in the residential neigh- borhood and the increased traffic and on -street parking and loading and unloading of passengers, and particularly mentioned the present difficulty of cars getting onto Staples Street from Vaky and McClendon Streets, and the existence of certain deed restrictions. In rebuttal, Rev. Morris explained that they are aware of the traffic problems involving the nursery operation and have a committee presently working with Mr. Rice of the Traffic Engineering Department to see what can be done to relieve the situation. Mayor McDonald declared the hearing closed. Motion by Roberts, seconded by Young and passed that the foreoing appli- cation be taken under advisement. There being no further business to come before the Council, the special meeting was adjourned.