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HomeMy WebLinkAboutMinutes City Council - 07/15/1964 - 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 July 15, 1964 4:00 1:,m. City Manager Herbert W. Whitney City Attorney I. M. Singer City Secretary T. Ray Kring Mayor James L. Barnard called the meeting to order. The Roll was called of those in attendance. Mayor Barnard announced the purpose of the special meeting to conduct public hearings on three zoning cases, and explained the procedure to be followed. City Manager Whitney explained that three zoning cases previously set for public hearing on July 22nd had failed to receive the proper legal publication, and recommended that the date of August 5, 1964, at a special meeting convening at 4 p.m., be set for public hearing on these three cases. Motion by Blackmon, seconded by de Leon and passed that the date of August 5, 1964, at a special meeting convening at 4 p.m., be set for public hearing on the aforementioned three zoning cases. Mayor Barnard announced the public hearing on the application of The Carmel Corporation for a change of zoning from "B-1" Neighborhood Business District to "B-4" General Business District on a 6.725 -acre tract out of Flock 1, Carmel Village, designated as "Shopping Center" on the replat of Carmel Village, Block 1. Tom Lake, Zoning Coordinator, located the property on the map; pointed out the zoning and land use of the area; stated that the attorney representing the appli- cant, the attorney representing Parkdale Shopping Center, the Woolco property, and South Texas Broadcasting Company, appeared in support of the request at the Commis- sion hearing, and one person appeared in opposition; that 13 letters were sent out, one letter received in favor and none against; and that the recommendation of the Zoning & Planning Commission was that the request be approved. Oscar Spitz, attorney representing the applicant, explained that no change was being requested in any of the parking requirements set forth in the original zoning change, or in the setback line; that the property is fenced off from the parkway; and that one of the reasons for requesting the "8-4" zoning is that the City of Corpus Christi, Texas Special Council Meeting July 15, 1964 Page 2 parking ratio does not fit the "B-3" zoning regulations. Commissioner de Leon asked about the landscaping and screening which has not been done in accordance with one of the conditions of the previous rezoning, and Simon Grossman and Bert Haas, also present in support of the application, answer- ed that the water lines had just been put in and it was now being landscaped. Dave Coover, attorney representing South Texas Broadcasting Company located on property now owned by Lichtenstein adjoining the shopping center, stated they are in favor of the "B-4" zoning and want the record to reflect that they will be making application for the same "B-4" zoning on at least an equidistant portion of the adjoining tract depending on the development of plans for the property as they feel all that property should be "B-4" zoning. No one appeared in opposition to the request. Motion by de Leon, seconded by Maldonado and passed that the hearing be closed. Commissioner Blackmon requested that the minutes reflect that he took no part in the hearing on this zoning matter inasmuch as he had represented the appli- cants on previous matters in connection with this property. Motion by de Leon, seconded by Roberts and passed that the recommendation of the Zoning & Planning Commission be concurred in, and the change of zoning on a 6.725 -acre tract out of Block 1, Carmel Village,, designated as "Shopping Center" on the Replat of Carmel Village, Block 1, from "B-1" to "3-4" General Business District be approved. Mayor Barnard announced the public hearing on the application of C. N. Brooks for a change of zoning from "R -IB" one -family Dwelling District to "B-4" General Business District on all of Lots 1, 2 & 3, Block 1, Martine Subdivision. Tom Lake located the property on the map; pointed out the zoning and land use of the area; stated that Ed Frost, one of the applicants, appeared at the Commission hearing in support of the application, and three persons appeared in opposition to the change in zoning but were not opposed to the proposed use of the property; reminded the Council that a request for an Interim Permit for a miniature golf course on this property was previously denied on the basis that the • City of Corpus Christi, Texas Special Council Meeting July 15, 1964 Page 3 proposed expansion was considered new construction and would be more appropriately processed as a regular zoning application; stated that 21 letters were sent out, and three letters received in favor and one against this application; and that the recommendation of the Zoning & Planning Commission was that the request for a change of zoning be denied but that in lieu a Special Permit for the operation of a minia- ture golf course and swimming pool be approved subject to the following conditions (1) That the applicant comply with the site plan as submitted; (2) That the swim- ming pool and miniature golf course operations be closed no later than 10 p.m. each night of operation; (3) That all outdoor lighting bee erected in such manner that it not project onto or be a nuisance to adjacent residential properties; and (4) That there be a minimum of 20 parking spaces in addition to the parking area already existing. Mr. Lake presented the applicants plans showing the existing swimming pool and parking area and the proposed miniature golf course and additional parking area. No one appeared either for or against the application. Motion by Wallace, seconded by Blackmon and passed that the hearing be closed. Motion by Wallace, seconded by de Leon and passed that the recommendation of the Zoning & Planning Commission be concurred in, and the change of zoning be denied but in lieu a Special Permit for the operation of a miniature golf course and swimming pool on all of Lots 1, 2 & 3, Block 1, Martine Subdivision, be approved subject to the following conditions: (1) That the applicant comply with the site plan as submitted; (2) That the swimming pool and miniature golf course operations be closed no later than 10 p.m. each night of operation (3) That all outdoor light- ing be erected in such manner that it not project onto or be a nuisance to adjacent residential properties; and (4) That there be a minimum of 20 parking spaces in addition to the parking area already existing. Mayor Barnard announced the public hearing on the application of Paul K. Lefforge, W. M. McDaniel & Maynard L. Jones for a change of zoning from "B-1" Neigh- borhood Business District to "B-4" General Business District on all of Lot 14, Block 1, Mahan Acres. Tom Lake located the property on the map; pointed out the zoning and land use of the area; stated that two of the applicants, Mr. Lefforge and Mr. Jones, had • • City of Corpus Christi, Texas Special Council Meeting July 15, 1964 Page 4 appeared in support of the application, and no one appeared in opposition at the Commission hearing; that 19 letters were sent out, and three were received in favor of the request and none against; and that the recommendation of the Zoning & Plan- ning Commission was that the request be denied on the basis that the area has a neighborhood business character and the proposed use for a used car sales lot would be detrimental to the established businesses and character of the area. No one appeared either for or against the application. Motion by Wallace, seconded by Maldonado 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 on all of Lot 14, Block 1, Mahan Acres, be denied. Mayor Barnard announced the public hearing on the application of Fernando Garcia for a change of zoning from "R -1B" One -family Dwelling District to "I-2" Light Industrial District on all of Lot 3, Block 1, Laguna Acres. Tom Lake located the property on the map; pointed out the zoning and land use of the area; stated that no one had appeared in suport of the application at the Commission hearing, but that one person had appeared in opposition; that 19 letters were sent out, and one was received in favor and none against the request; and that the recommendation of Zoning & Planning Commission was that the request be denied on the basis that approval would constitute spot zoning and the proposed use would be detrimental to the area. In answer to questions from the Council, Commissioner Maldonado stated that the proposed use was for a banana warehouse in connection with a wholesale distri- bution operation, and Mr. Lake explained that the adjacent property owner who had appeared in opposition to the request at the Commission hearing objected to the obnoxious odors the proposed use would create and had stated the neighbors had be- come accustomed to the problems caused by the nearby garbage disposal pits but did not want to add to the problem. Basilio Saldana's daughter, speaking for her father owner of Lot 2, appear- ed in favor of the application. No one appeared in opposition to the application. Motion by Wallace, seconded by Blackmon and passed that the hearing be closed. • • City of Corpus Christi, Texas Special Council Meeting July 15, 1964 Page 5 Motion by Wallace, seconded by Young that the recommendation of the Zoning & Planning Commission be concurred in, and the request for a change of zoning on all of Lot 3, Block 1, Laguna Acres, be denied. Commissioner de Leon asked if the matter could be tabled in view of the fact that additional information had been received of a possible refrigerator ware- house operation, thereby saving the applicants the expense of reapplying; and Com- missioner Blackmon suggested that it might be wiser to let the application be heard by the Zoning & Planning Commission first with any additional information. Voting on the motion to deny the request for a change of zoning on all of Lot 3, Block 1, Laguna Acres, the vote was unanimous. Mayor Barnard announced the public hearing on the application of Johnny M. Gonzalez for a change of zoning from "A-2" Apartment House District to "B-1" Neigh- borhood Business District and/or an amendment to the Special Council Permit hereto- fore issued to Mr. Johnny M. Gonzalez for the operation of a flower shop under the nursery classification, on all of Lots 7 & 8, Block 2, Meuly Subdivision. Tom Lake located the property on the map; pointed out the zoning and land use of the area; stated that Mr. & Mrs. Gonzalez were present in support of the application at the Commission hearing and no one in opposition; that 38 letters were sent out, and three were received in favor and none against this request; and that the recommendation of the Zoning & Planning Commission was that the existing Special Council Permit heretofore issued to Mr, Johnny Gonzalez for the operation f a flower shop under the nursery classification be amended to read as follows, subject to: (1) The continued maintenance of this property as the applicant's private residence; (2) That the expansion of the existing building be in accordance with the site plan as submitted by the applicant; (3) That a display window be permitted in the front walls of the building with interior lighting only, excluding any out- side lighting; (4) Limiting the size of any sign which may be used in connection with this permit to a single unlighted sign not over 12 square feet in area and further provided said sign is placed flat against, along, or on the front of the building with no portion projecting more than six inches from the wall of the building of higher than eight feet above ground level; and (5) The use and garaging City of Corpus Christi, Texas Special Council Meeting July 15, 1964 Page 6 of not more than one vehicle used in connection with the permitted use. Mr. Lake presented the site plan showing the existing flower shop in a portion of the building and expansion to provide one more room for living quarters. City Manager Whitney presented a return received from Mrs. Ida D. Magnenat, owner of Lots 9, 10, 11, and 12, of Block 1, in favor of the zoning change to "B-1" to include her lots, which was noted for the record. Mrs. Gonzalez, speaking for herself and her husband who was also present in support of the application, explained that she had only one child when the Special Council Permit was granted, but that she now has three more children and they are very crowded and cannot build an extension to the rear; that she would like to have a porch light or some kind of outside light because the vacant lot next door makes the property very dark; and that two of her neighbors, Mrs. Garcia and Mrs. Frank, had told her they were in favor of her application. Mayor Barnard informed Mrs. Gonzalez she was allowed to have a porch light or yard light such as residences use. 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 existing Special Coun- cil Permit heretofore issued to Mr. Johnny Gonzalez on all of Lots 7 & 8, Block 2, Meuly Subdivision, for the operation of a flower shop under the nursery classifica- tion be amended to read subject to: (1) The continued maintenance of this property as the applicant's private residence; (2) That the expansion of the existing build- ing be in accordance with the site plan as submitted by the applicant; (3) That a display window be permitted in the front walls of the building with interior light- ing only, excluding any outside lighting; (4)Limiting the size of any sign which may be used in connection with this permit to a single unlighted sign not over 12 square feet in area and further provided said sign is placed flat against, along, or on the front of the building with no portion projecting more than six inches from the wall of the building of higher than eight feet above ground level; and (5) The use and garaging of not more than one vehicle used in connection with the permitted use. • City of Corpus Christi, Texas Special Council Meeting July 15, 1964 Page Bert Haas, representing Mrs. Dorothea Collins, asked for a waiver for a three to five-year period of the 100' setback requirement which was made a condi- tion in the granting of "B-4" General Business District in a portion of Alameda Center, Unit II, in the 4300 Block of Alameda Street, on the basis that she purchas- ed her property for the purpose of using the existing building, which does not comply with the 100' setback requirement, for her residence and tailor store operation, and she cannot afford to move the building back at this time. The Council felt it could not consider such a request without first hearing from the surrounding property owners, with the approval of the Council, the date of August 5, 1964, was set for public hearing on the request to change the restriction of the "B-4" zoning on the subject property. There being no further business to come before the Council, the special meeting was adjourned.