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HomeMy WebLinkAboutMinutes City Council - 10/09/1963 - SpecialPRESENT: Mayor James L. Barnard Commissioners: Jim Young Jack R. Blackmon J. R. de Leon M. P. Maldonado W. J. Roberts W. H. Wallace, Jr. CITY OF CORPUS CHRISTI, TEXAS SPECIAL COUNCIL MEETING October 9, 1963 +000 p.m. City Manager Herbert W. Whitney Asst City Att'y Wayland Pilcher Acting City Sec'y Doris Francis • Mayor James L. Barnard called the meeting to orders Acting City Secretary Doris Francis called the roll of those in attendance. Mayor Barnard announced tb.e purpose of the special meeting to hold public hearings on three zoning cases, and to consider a pending item of zoning, and explained the procedure to be followed, Mayor Barnard announced the public hearing on the application of Mrs. Lois E. Bissett for a change of zoning from "R -1B" One -family Dwelling District to "AB" Professional Office District on all of Lot 10, Block 6, Kool- side Addition. Tom Lake, Zoning Coordinator, located the property on the map; pointed out the zoning and land use of the area; stated that 29 written notices had been mailed out, 2 returns had been received in favor of the request, and one against; and that the recommendation of the Zoning & Planning Commission was that the request be denied on the basis that approval would constitute spot zoning, but that in lieu a Special Permit for the operation of a day nursery be approved subject to the following conditions: (1) That outdoor identification signs be limited as outlined in the definition of "Home occupa- tions" under "R -1B" One -family Dwelling District regulations; (2) That the premises be maintained Lathe present residential character of the neighbor- hood; (3) That the property be fenced in accordance with the State require- ments for day nursery operations; and (4) That the City retain the right to engineer the traffic pattern in such a way as not to constitute a hazard to the safety of patrons of the day nursery or the people using the street in front of the property. Mr. Lake explained that this section of Airline Road has asphalt paving, but no curbing or sidewalks, and that the existing drive- City of Corpus Christi, Texas Special Council Meeting October 9, 1963 Page 2 may to the subject property affords no way for vehicles to get out except by backing out. Mrs. Lois Bissett, applicant, explained that a circular driveway mould be provided in front of the property off Airline, and that she was willing to comply with all conditions requested by the Council. No one appeared in opposition to the application. Motion by Young, seconded by Maldonado and passed that the hearing be closed, that the recommendation of the Zoning & Planning Commission be concurred in, and that the request be denied, but that in lieu a Special Permit for the operation of a day nursery on Lot 10, Block 6, Koolside Addition be granted subject to the following conditionsa (1) That outdoor identification signs be limited as outlined in the definition of "Home Occupations" under "R -1B" One - family Dwelling District regulations; (2) That the premises be maintained in the present residential character of the neighborhood; (3) That the property be fenced in accordance with the State requirements for day nursery operations; and (4+) That the City retain the right to engineer the traffic pattern in such a way as not to constitute a hazard to the safety of patrons of the day nursery or the people using the street in front of the property. Mayor Barnard announced the public hearing on the application of Derly E. Rivera for a change of zoning from "R -1B" One -family Dwelling District to "B-1" Neighborhood Business District on all of Lot 21, Block 1, Meadow Park Addition. Tan Lake located the property on the map; pointed out the zoning and land use of the area; stated that 28 written notices had been mailed out, 3 re- turns had been received in favor of the request, and two against; and that the recommendation of the Zoning & Punning Commission was that the request be approved on the basis that this change of zoning would improve values of the immediate area. Derly Rivera, applicant appeared in support of hia application, and explained that he proposed to remove the 5 existing dwellings on the property, and construct a brick building on the property to house a vaahateria, with 11 off-street parking spaces, that there is poor drainage on the Ruth Street side of his property, but felt that problem could be resolved, that this low income • City of Corpus Christi, Texas Special Council Meeting October 9, 1963 Page 3 area needs this type of facility, and that the new construction would improve the appearance of the neighborhood. Urive Ismail, 302 Cheyenne, was in favor of a small business on the property. Tony Bonilla, attorney, presented a petition of approximately 95 sig- natures of residents and property owners who reside on or near the corner of Osage and Ruth Streets, opposing the application on the basis that (1) It will open the door for future businesses to be opened in an all residential area, (2) It will lower the value of their property, (3) It will create a hazard to their children who are attending the Zavala School, located near the place in question, and (4) There is no assurance that the business establishments that will be opened in the future will be of the best interest to the area involved. Mr. Bonilla urged that the opposition of the area residents be heeded, and that the change of zoning be denied. Mrs. Robert Gonzales, 901 Eleanor, opposed any change in zoning. Commissioner de Leon asked if the possibility of a Special Permit allowing the proposed operation, but not changing the zoning on the land, had been considered. The applicant stated that the washateria required a special type of building construction which he was able to finance himself, but that he would need financing for the machinery; and stated that he felt the area residents were objecting to the nearby existing beer joints, the matter of street design at the intersection which might be helped by installing 4 -way stop signs, and the safety factor for the Zavala School children, all of which were not matters involved in his zoning application. Motion by Roberts, seconded by Blackmon and passed that the hearing be closed. Motion by de Leon, seconded by Maldonado that the matter be deferred for one week for further study. Commissioners de Leon, Maldonado and Wallace voted "Aye", and Roberts, Blackmon, Young and Mayor Barnard voted "Nay"; and the Chair declared the motion had failed. Motion by Young, seconded by Blackmon that the recommendation of the Zoning & Planning Commission be concurred in, and the zoning on all of Lot 21, Block 1, Meadow Park Addition, be changed to "B-1" Neighborhood Business District. City of Corpus Christi, Texas Special Council Meeting October 9, 1963 Page 4 1 Commiseioner de Leon felt that if a Special Permit vas satisfactory to both the applicant and the residents opposing the change of zoning, the seek°s delay he had proposed would provide an opportunity to work out any con- ditions; Commissioner Wallace felt that since the residents in the area have the prime interest, the time would be veil spent, although he vas not convinced that the proposed operation was the highest use of the property; Commissioner Roberts felt that Special Permits should be carefully used since the granting could so change the character of a neighborhood as to invite the very uses opposed by the area residents; and Commissioner Blackmon felt that the grant- ing of a special permit should be the exception rather than the rule, and felt that the proposed construction would be an improvement in the appearance of the neighborhood. On vote, Commissioners Young, Blackmon, Roberts and Mayor Barnard voted "Aye", and de Leon, Maldonado and Wallace voted "Nay", and the Chair de- clared the motion to concur with the recommendation of the Zoning & Planning Commission and grant the change of zoning as requested had passed. Mayor Barnard directed that the petition presented in opposition to the foregoing change in zoning be checked with respect to the 20% Rule by the time the ordinance effecting the change in zoning is presented for considera- tion. Mayor Barnard announced the public hearing on the application of Paul K. Lefforge for a change of zoning from "B-1" Neighborhood Business Dis- trict to "B-4" General Business District on all of Lot 1.4, Block 1, Mahan Acres. Tom Lake located the property on the map; pointed out the zoning and land use of the area; stated that 16 notices had been mailed out, one return had been received in favor of the request, and none against; and that the recommendation of the Zoning & Planning Commission was that the request be denied on the basis that approval would constitute spot zoning and that "B=4" zoning would be out of character with the zoning pattern in that area. No one appeared to speak either for or against the application. • City of Corpus Christi, Texas Special Council Meeting October 9, 1963 Page 5 Mayor Barnard reminded the Council that this property had been zoned "B-1" without the knowledge or request of the owner by a previous Council; and an application of the property owner to have the property 4e -zoned to "R-1" had subsequently been denied. Motion by Roberts, seconded by Blackmon and passed that the hearing be closed. Motion by Wallace, seconded by de Leon and passed that the recommenda- tion of the Zoning & Planning Commission be concurred in, and the application for a change of zoning on Lot 14, Block 1, Mahan Acres, from "B-1" to "B-4", be denied. Mayor Barnard announced the pending item of the applications of Cecil Burney and of Frank Cech for change of zoning from "R -1B" to "I-2" Light In- dustrial District on a 3.4 -acre tract, more or less, out of an 8.0 -acre tract of the Hatch Tract, and on approximately 3i -acres out of the 8.38 -acre Frank Cech Tract, being a portion of the Hatch Tract, on which public hearing was held on Jwly 10, 1963. MA/or Barnard explained that much effort was being made to arrive at a workable plan for these properties that would satisfy the people living in the vicinity; that a proposed site plan has been prepared for use of the two areas of request for a warehouse complex; and that the purpose of notifying the interested residents of the area of the Council'e consideration of this pending item at this meeting vas to give the residents en opportunity to view and understand that is proposed for the properties and to express themselves. Mayor Barnard invited the group of residents to come to the Council table to view the proposed site plan. Bert Haas, architect, William McClendon, engin- eer, and Dave Coover, attorney, representing the applicants, explained the proposed site plan in general, and answered numerous questions of the residents as to particular details as to fencing, truck traffic, hours of operation, noise, ingress and egress, and loading. During the lengthy general discussion, several of the residents of the nearby subdivision expressed themselves as being absolutely opposed to any type of development of the properties other than residences; several • City of Corpus Christi, Texas Special Council Meeting October 9, 1963 Page 6 complained of the poor drainage at the intersection of Westgate and Eastgate Drives and at the lower end of Granada, and of unswept streets. It was sug- gested that it might be advisable to defer action on these two applications until such time as application for zoning of the balance of the property in- volved in the site plan for the warehouse complex operation is made and heard by the Council, and that action by the Countil be taken at the same time on the entire property. Motion by Young, seconded by Blackmon and passed that the forego- ing pending item be taken under further study and advisement. Mayor Barnard requested the City Manager to investigate the drain- age and condition of the streets in the subject area referred to by several of the residents. FIRST READING OF AN ORDINANCE: AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO EXECUTE AN AGREEMENT WITH THOMAS Y. PICKETT & COMPANY, INC., OF DALLAS, TEXAS, FOR rxr. PURPOSE OF APPRAISAL AND VALUATION OF OIL AND GAS PROPERTIES AND PIPELINES IN THE CITY OF CORPUS CHRISTI FOR TAX ASSESSMENT PURPOSES, ALL AS MORE FULLY SET FORTH IN THE AGREEMENT, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF: APPROPRIATING OUT OF GENERAL FUND 102 THE SUM OF $5,700.00 FOR PAYMENT OF THE AFORESAID SERVICES. The foregoing ordinance was read for the first time and passed to its second reading by the following vote: Mayor Barnard, Commissioners Young, Blackmon, de Leon, Maldonado, Roberts, and Wallace all present and voting "Aye". There being no further business to come before the Council, the special meeting was adjourned.