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HomeMy WebLinkAboutMinutes City Council - 04/22/1964 - 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 April 22, 1964 4x00 p.m. City Manager Herbert W. Whitney Aes't City Att'y Wayland Pilcher City Secretary T. Ray Kring Mayor James L. Barnard called the special meeting to order. City Secretary L Ray Kring called the roll of those in attendance. Mayor Barnard announced the purpose of the special meeting to hold public hearings on several zoning cases, and explained the procedure to be followed. Mayor Barnard announced the public hearing on the application of Edwin Barrow for change of zoning from "H-1" One -family Dwelling District to "AB" Professional Office District on all of Lot 1, Unit 2, Washburn Meadows. Tom Lake, Zoning Coordinator, located the property on the map; pointed out the zoning and land use cf the area; explained that this was a zoning case in which the previous public hearing and subsequent Council action has been declared invalid by the City Attorney's offi,-..e due to the fact that certain property owners within the area inadvertantly were not notified of the public hearing before the City Council; that 29 notices were sent out, 2 replies received in favor of the request and 6 against, and no returns received since then; that the applicant appeared in support of the requestat the Cosarission's hearing, and 5 persons appeared in opposition; and stated that the recommendation of the Zoning & Plan- ning Commission was that the application be approved as submitted. Mr. Lake pre- sented a petition of property owners of Sherwood Park Subdivision and surrounding area strongly opposed to the request. Edwin Barrow, applicant, explained that he bought the property in March of 1962 with the understanding that it was zoned "AB" Professional Office District in January of 1962; that he was not aware of any controversy until he was notified by letter from the City; that he proposed to remodel the building for a medical doctor's office, in keeping and in line with the present use of the adjoining property for a dentist's office. Paxil Hammon, realtor, stated that he had been the real estate agent in the • City of Corpus Christi, Texas Special Council Meeting April 22, 1964 Page 2 sale of both properties; that the property had been a weed patch and was now greatly improved in value and in appearance; and that he was in favor of the zoning as it would improve the area and the proposed use would not be a nuisance in the neighborhood, Mayor Barnard read the petition of approximately 27 property owners on Robinhood Drive and Markins Drive in opposition to the change to "AB" zoning on Lot 1, Unit 2, Washburn Meadows, located at 4142 Weber Road. Go B. Cross, 4006 Robinhood Drive, and Joe Bailey, 4010 Robinhood Drive, were present in opposition to the change in zoning. In answer to questions from the Councilwith respect to off-street park- ing and fencing, Mr. Barrow stated there is plenty of room for the required off- street parking; that some of the abutting property owners have chain link fences, and some have wood fences, that he had not replaced the wood fence on the subject property that was knocked down by Hurricane Carla, but would be willing to pro- vide whatever fencing the Council stipulates; that due to the size and shape of the subject property, he has been unsuccessful in keeping it rented as residential property; and that he feels the highest and best use is "AB" zoning, Mayor Barnard directed that it be determined whether or not the protest of property owners in the area requires the 20% Rule to be applied. Motion by Maldonado, seconded by Blackmon and passed that the hearing be closed. Motion by Maldonado, seconded by Blackmon and passed that the matter be taken under advisement to determine whether or not the 20% Rule applies in this instance. Mayor Barnard announced the public hearing on the application of Dr, Lloyd L. Cole for change of zoning from 1R-2" Two-family Dwellin.gDistrict to "AB" Professional Office District on all of Lot 5, Block 1, Alameda Place, Tom Lake located the p::ocerty on i,he rap; pointed out the zoning and land use of the area; stated that the applicant and his attorney appeared at the Commission's hearing, and no one appeared in opposition to the request; that 27 notices were sent out, 5 returns received in favor and 1 against the request, City of Corpus Christi, Texas Special Council Meeting April 22, 1964 Page 3 and 1 telephone call in opposition from a property owner outside of the notifica- tion area; and that the recommendation of the Zoning & Planning Commission was that the request be approved as submitted City Manager Whitney reported receipt of a telephone call in opposition from Mrs, Patricia Gregory Green, 3149 Topeka Street. No one appeared in opposition to this application. Motion by Wallace, seconded by Blackmon and passed that the hearing be closed. Motion by Blackmon, seconded by de Leon and passed that the recommendation of the Zoning & Planning Commission be concurred in, and the change of zoning from "R-2" to "AB" Professional Office District on all of Lot 5, Block 1, Alameda Place, be granted. Mayor Barnard announced the public hearing on the application of G. 3. McFarland for change of zoning from "R -1B" One -family Dwelling District to "AB" Professional Office District on all of Lot 6, Block 3, Arcadia Subdivision. Tom Lake located the property on the map; pointed out the zoning and land use of the area; stated that 4 persons, including the applicant and his son, had appeared in favor of the request at the Commission's hearing, and 5 persons ap- peared in opposition; that 25 notices were sent out, 4 returns received in favor of the request, and 6 against; and that the recommendation of the Zoning & Plan- ning Commission was that the request be denied on the basis that business at this location would create a possible traffic hazard, and that approval would constitute spot zoning and encroachment of business into a residential areae Mr. Lake pre- sented a list of proposed uses of approximately 14 prospective buyers which indicated their interest in the subject property, and a petition of 6 or 7 neighbor- hood property owners approving the "AB" zoning which were submitted at the Com- mission hearing. G. 3. McFarland applicant, stated he bought the property 25 years ago, but that his family is all grown and he no longer has any use for the property; that times have changed; that thehouses are all old, and with the completed highways, the business areas or Staples„ the large volume of noisy traffic, and the police and fire sirens up and down Staples, Arcadia Subdivision is no longer • City of Corpus Christi, Texas Special Council Meeting April 22, 1964 Page 4 good residential property; and submitted his list of reasons for the request in writing. J. R. Underwood, 1134 Florida, also appeared in support of the request. The following appeared in opposition to the request on the basis that this would be encroachment of business in a residential neighborhood; that several homes in the subdivision have recently been sold for residential use; and that it would devaluate their property: Mr. & Mrs. Wayles Price, 1113 Logan; Mr, and Mrs. H. R. Hooker, 1109 Logan; Dave Pennington, 1114 Florida; R. E. Thurman, 1105 Logan; Mrs. Ann Powers, 1110 Logan; Mrs. Bernal, 1117 Florida; and the son-in-law of Mrs. Meinsenheimer, 1118 Florida, closed. Motion by de Leon, seconded by Roberts and passed that the hearing be Motion by de Leon, seconded by Wallace and passed that the recommendation of the Zoning & Planning Commission be concurred in, and the change of zoning on Lot 6, Block 3, Arcadia Subdivision be denied. Mayor Barnard announced the public hearing on the application of Knolle Jersey Milk Products Company for change of zoning from "A-2" Apartment House District to "B-5" Primary Business District on all of Lots 1, 2, 3, 4, 5 & 6, Block 4, Booty and Allen Addition, Tom Lake located the property on the map; pointed out the zoning and land use of the area; stated that the representative of the applicant and 3 persons appeared in favor of the request at the Commission's hearing, and 2 persons appeared in opposition; that 21 notices were sent out, 6 returns received in favor, and 3 against; and that the recommendation of the Zoning & Planning Commission was that the request be approved subject to the continuance of the existing fence of a similar construction along the perimeter of the subject property adjacent to Alameda and Elizabeth Streets. Perry Keesee, general Tanager of Knolle Dairiee, appeared in support of the request; explained the proposed use of the subject property for maintenance facilities and parking of trucks and employees vehicles; and stated that the company concurs with the recommendation except for the type of fence to be con - strutted. He explained that he did not have the architect's elevation site at • City of Corpus Christi, Texas Special Council Meeting April 22, 1964 Page 5 the time the continuation of the fence. was discussed., that he now has the estimated cost figure of $21,290.00 for the precast concrete fence., and that he is requesting to be allowed to construct a cyclone type or hurricane type fence as the barrier fence; and pointed out the building area, parking area, and entrances and exits. The following were unalterably opposed to the request on the basis that they objected to the entire operation being permitted in this residential area; that the operation was supposed to have been removed at the end of the war; that it is presently detrimental to their rental property values due to the noise, sign lights, and their use of the abutting streets for parking, and will become more so with this proposed expansion; and to the existing incinerator; Mr. & Mrs A. N. Youngman, owners of 3 rental properties to the north of the subject area; and Mrs. W. T. Hunt, speak- ing for herself and members of her family who are the owners of 1505, 1509, 1511 and 1513 Alameda. closed. Motion by Roberts, seconded by Maldonado .and passed that the hearing be Motion by Wallace, seconded by Maldonado and passed that the matter be taken under advisement. Mayor Barnard announced the public hearing or., the application of Michael C. Kendrick, Jr. for change of zoning from "A-1" Apartment House District to "8-1" Neighborhood Business District on all of Lots 1, 2, 3, 17, 18, 19 & 20, Block 5, Sunset Place. Tom Lake located the property on the map, pointed out the zoning and land use of the area, stated that the applicant, attorney for the Southwestern Oil & Refining Company, owners of the property, appeared in support. of the request at the Commission hearing, and one person appeared in opposition; that 29 notices were sent out, 2 returns received in favor of the request, and 3 against; and that the recommendation of the Zoning & Planning Commission was that the request be approved subject to the erection of a 5 fence along the interior property lines separating the subject area from the adjacent residential properties Mr. Lake presented the site plan submitted by the applicant at the Commission hearing indicating the location of the fence. i • City of Corpus Christi, Texas Special Council Meeting April 22, 1964 Page 6 Michael Kendrick, applicant, appeared in support of the request, and stated that a wood barrier fence is to be erected along the property abutting the residential property, and a cyclone fence on the property abutting the streets. No one appeared in opposition. Motion by Wallace, seconded by Blackmon and passed that the hearing be closed. Motion by Wallace, seconded by Maldonado and passed that the recommendation of the Zoning & Planning Commission be concurred in, and the change of zoning from "A-1" to "B-1" Neighborhood Business District on all of Lots 1, 2, 3, 17, 18, 19 & 20, Block 5, Sunset_ Place, be granted subject to the erection of a 5' solid fence along the interior property lines separating the subject area from the adjacent residential properties. elayor Barnard announced the public hearing on the application of South Texas Realty Company for change of zoning from "AB" Professional Office District to "B-1" Neighborhood Business District on all of Lot 24, Block 5, Lexington Estates. Tom Lake located the property on the map; pointed out the zoning and land use of the area; stated that the applicant appeared at the Commission hearing and no one appeared in opposition; that 20 notices were sent out, 12 returns received in favor of the request, and 3 against; and that the recommendation of the Zoning & Planning Commission was that the request be approved subject to the erection of a 6 -foot solid fence along the rear and side property lines. 0. W. Whitley, applicant, appeared in support of the request; showed a picture of a drive-in restaurant similar to the one planned for the subject prop- erty; explained that the proposed building will be constructed of brick and steel, fireproof, and that he proposed to erect an 8 -foot fence instead of a 6 -foot fence. No one appeared in opposition Motion by de Leon, seconded by Maldonado and passed that the hearing be closed. Motion by de Leon, seconded by Maldonado and passed that the recommenda- tion of the Zoning Z; Planning Commission be concurred in, and the change of zoning from "AB" to "B-1" Neighborhood Business District on all of Lot 24, Block 5, Lex- ington Estates, be granted subject to the erection of at least a 6 -foot solid fence • City of Corpus Christi, Texas Special Council Meeting April 22, 1964 Page 7 along the rear and side property lines, Mayor Barnard announced the public hearing on the application of Walter Wisznia for change of zoning from "A-1" Apartment House District to "AB" Profes- sional Office District on a triangular portion of the Bay View Beach Tract being all of that triangular shaped property located between Ocean Drive, Buford Street and Shoreline Boulevard, Tom Lake located the property on the map; pointed out the zoning and land use of the area; stated that the architect, representing the applicant, appeared in support of the request at the Commission hearing, and 2 persons appeared in opposition; that 15 notices were mailed out, 2 returns received in favor of the request, and 6 against; and that the recommendation of the Zoning & Planning Com- mission was that the request be denied on the basis that approval would constitute spot zoning and would contribute to the existing traffic hazard and traffic con- gestion. Ben F. McDonald, attorney appearing for the owner Abe Katz, and Walter Wisznia, architect, made a thorough presentation in support of the request for a change of zoning or in lieu a Special Council Permit for the proposed development and use. They presented and explained the preliminary plat; site plan; architect's schematic elevation of proposed building; type of construction and use of proposed development as agents' office for Metropolitan Life Insurance Company; entrances and exits from Buford only; no parking on Shoreline, parallel parking on Ocean Drive, and underground off-street parking; the proposed setback lines; and the plans for the beautification of the development. Mr. McDonald pointed out that he felt this particular request properly comes under the provision for transition type zoning and would not be spot zoning and that it will allow development of this triangular shaped property without detracting from the beauty of the Bayfront and provides safeguards for the protection of the surrounding property owners, C, F, Burbank, 1127 Ocean Drive, also representing Mr. & Mrs. Hammer, 1015 Ocean Drive; Mrs, Cyrus, 416 Buford Street; Mrs, T. H. Sanders, 1010 Ocean Drive; Julia Caldwell; Mrs. Kinningham; and Mrs. Burbank and Mrs, Co M. Blake, 1101 Ocean Driver appeared in opposition to the request; protested the matter of the proposed setback lines; the additional traffic that would be created; and insisted • City of Corpus Christi, Texas Special Countil Meeting April 22, 1964 Page a the property was not large enough for any building construction; that it would be spot zoning; and protested any business on the bayfront properties. closed. Motion by Wallace, seconded by Bla:kmon and passed that the hearing be Mayor Barnard declared a brief recess. Mayor Barnard called the meeting to order after a brief recess, and it was noted that all the Council, the City Manager, Assistant City Attorney, and City Secretary were all present. Motion by Wallace, seconded by de Leon and passed that the request for change of zoning on the triangular portion of the Bay View Beach Tract located between Ocean Drive, Buford Street, and Shoreline Boulevard described in the application, be denied but in lieu a Special Permit for a professional office building be approved, and that the details, set back lines, and restrictions and conditions be worked out prior to the passage of the enabling ordinance. There being no further business to come before the Council, the special meeting was adjourned.