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HomeMy WebLinkAboutMinutes City Council - 07/03/1963 - SpecialPRESENT: Mayor James L. Barnard Commissioners: Jim Young J. R. de Leon M. P. Maldonado W. J. Roberts W. H. Wallace, Jr. CITY OF CORPUS CHRISTI, TEXAS SPECIAL COUNCIL MEETING July 3, 1963 4:00 P.M. City Manager Herbert W. Whitney Asst City Attorney Wayland Pilcher City Secretary T. Ray Kring Mayor James L. Barnard called the meeting to order. City Secretary T. Ray Kring called the roll of those in attendance. Motion by de Leon, seconded by Maldonado and passed that the absence of Commissioner Jack R. Blackmon be excused for cause. Mayor Barnard announced the purpose of the special meeting to hold public hearings on 4 zoning applications, and explained the procedure to be followed. Mayor Barnard announced the public hearing on the application of Mrs. Dorothy D. Briscoe for a change of zoning from "R-18" One -family Dwelling District to "AB" Professional Office District on all of Lot 7, Block 3, Bervonne Terrace. Tom Lake, Zoning Coordinator, located the property on the map; pointed out the automatic "R -1B" zoning of this newly annexed area pending permanent zoning, and the land use of the area; explained that 35 notices had been mailed out, 1 written return received in favor of the request, 8 against, and 1 more against after the public hearing; that the applicant desired to operate a day nursery with a fenced yard; and stated that the recommendation of the Zoning & Planning Commission was that the request be denied. No one appeared to speak in favor of the request. Eugene Janko, owner of Lot 20, Block 3, Bervonne Terrace, at 10648 Emmord Loop, adjoining the applicant's property at the rear, spoke in opposition to the request on the basis of the residential deed restrictions in this neighborhood, the decrease in value particularly to adjoining properties, and that it would con- stitute spot zoning of a detrimental nature. Mayor Barnard commented that he was reluctant to clone the hearing with - we out hearing from the applicant since she had bee. unable to -attend the hearing before the Zoning & Planning Commission, and had particularly requested to be heard before the City Council. City of Corpus Christi, Texas Special Council Meeting July 3, 1963 Page 2 Motion by Roberts, seconded by Maldonado and passed that the hearing be recessed for one week, and that the applicant be notified that the Council will hear additional testimony at next week's regular meeting in this matter. Mayor Barnard announced the public hearing on the application of Com- • mander J. W. Farley for a change of zoning from "R -LA" One -family Dwelling District to "A-1" Apartment House District on an unplatted 23 -acre tract of land being a part of a 5 -acre tract of land out of the Northwest half of the Northwest half of Lot 1, Section 28, Flour Bluff & Encinal Farm & Garden Tracts. Tom Lake located the property on the map; pointed out the zoning and land use of the area; explained that 6 notices had been mailed out, 3 written returns received in favor of the request, none against, and 1 against since the public hearing; and stated that the recommendation of the Zoning & Planning Commission was that the request be approved subject to a proper plat which would indicate required dedication of additional right-of-way on Langley Road. Paul Nye, attorney representing the applicant, Comdr. J. W. Farley present, spoke in support of the request and described the proposed plans for development of luxury type apartments and a swimming pool convenient to the nearby Naval Air Station which was also convenient to Lexington Boulevard expressway into town. No one appeared in opposition to the request. Motion by Young, seconded by Maldonado and passed that the hearing be closed, and the recommendation of the Zoning & Planning Commission be concurred in, and the change of zoning on the unplatted 23/4 -acre tract of land, being a part of a 5 -acre tract out of the Northwest half of the Northwest half of Lot 1, Section 28, Flour Bluff & Encinal Farm & Garden Tracts described in the request, from "R -1A" to "A-1" be granted subject to a proper plat which would indicate re- quired dedication of additional right-of-way on Langley Road. Mayor Barnard announced the public hearing on the application of Humble Oil & Refining Company for change of zoning from "R -1B" One -family Dwelling District to "B-1" Neighborhood Business District on all of Lots 2 & 3, Block 4, Southwest Heights Addition. Tom Lake located the property on the map; pointed out the zoning and land use of the area; indicated the approximate route of the proposed right-of- way for the Crosstown Expressway; explained that 24 notices had been mailed out, City of Corpus Christi, Texas Special Council Meeting July 3, 1963 Page 3 1 written return received in favor of this request, and 3 against, and that no one had appeared in opposition to the request at the public hearing; and that the recommendation of the Zoning & Planning Commission was that the request be approved. Don McReynolds, representing Humble Oil & Refining Company, explained that the sales contract for the property is contingent upon approval of the zon- ing request; presented and described the proposed plans of the Company for develop- ment as a service station, particularly pointing out that a 6' solid wooden fence is to be erected along the interior property lines, and the planned overpass and frontal roads which would make the property unsuitable for residential use. Commissioner Maldonado commented that it appeared to be spot zoning; Assistant City Attorney Pilcher answered that he seriously doubted that it could be construed as spot zoning since there is considerable business zoning in the vicinity, the City has purchased all of the land needed along Baldwin Boulevard for purposes of the Expressway, and since the corner property at two major thorough- fares does not lend itself to residential use; and Commissioner de Leon commented that in the recent request for business zoning in a somewhat similar situation which had not been granted to which Commissioner Maldonado had reference, the property owner had an existing dwelling and did not have sufficient parking area required by the business zoning requested. Herbert Renken, owner of Lot 3 of the area of request, spoke in support of the change in zoning on the basis of its being a better use of the property than the present use as a small home rental. No one appeared in opposition to the request. Motion by de Leon, seconded by Roberta and passed, with Commissioner Maldonado abstaining, that the hearing be closed, and the recommendation of the Zoning & Planning Commission be concurred in, and the change of zoning on Lots 2 and 3, Block 4, Southwest Heights Addition, from "R -1B" to "B-1" Neighborhood Business District be granted subject to the erection of the fencing as shown on the proposed development plans. Commissioner Roberts suggested that in order not to be too restrictive in conditions of buffer requirements for the protection of neighborhood properties, that the screening be allowed to conform to the type of architecture of the • City of Corpus Christi, Texas Special Council Meeting July 3, 1963 Page 4L development as long as it provides the necessary protection. Mayor Barnard announced the public hearing on the application of J. F. Wakefield for a change of zoning from "R -1B" One -family Dwelling District and "B-1" Neighborhood Business District to "B-4" General Business District on a 17.25 - acre tract of land out of Lot 17, Section 2, Flour Bluff & Encinal Farm & Garden Tracts. Tom Lake located the property on the map; pointed out the zoning and land use of the area; explained that 38 notices had been mailed out, 8 written returnshad been received in favor of the request, and 1 against, and no one had appeared in opposition at the public hearing; and that the recommendation of the Zoning & Planning Commission was that "B-4" General Business District be denied on a portion 200' in width lying adjacent and parallel to Windsor Park Unit 4 but that "AB" Professional Office District be granted on that portion, and that "B-4" General Business District be approved on the remaining portion of the subject property. J. F. Wakefield, applicant, presented a tentative layout for develop- ment of the property and explained that there is a commitment on the corner por- tion for a bank, subject to the zoning, and that he felt he would be able to develop the 200' buffer zone recommended by the Zoning & Planning Commission. No one appeared in opposition to the request. Motion by Wallace, seconded by Maldonado and passed that the hearing be closed, and the recommendation of the Zoning & Planning Commission be concurred in, and that the change of zoning on the 17.25 -acre tract of land out of Lot 17, Section 2, Flour Bluff & Encinal Farm & Garden Tracts described in the request be denied on a portion 200' in width lying adjacent and parallel to Windsor Park Unit 4 but that "AB" Professional Office District he granted on that portion; and that "B-4" General Business District be granted on the remaining portion of the subject property. There being no further business to come before the Council, the special meeting was adjourned.