HomeMy WebLinkAboutMinutes City Council - 12/09/1964 - SpecialPRESENT:
Mayor James L. Barnard
Mayor Pro Tem Jim Young
Commissioners:
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
December 9, 1964
4:00 p.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.
City Secretary T. Ray Kring called the roll of those in attendance.
Mayor Barnard announced the purpose of the special meeting to hold public
hearings on six zoning applications, and explained the procedure to be followed.
Mayor Barnard announced the public hearing on Application No. 1064-1 of
L. S. Stokes, Independent Executor of the F. L. Vowell Estates, for a change of
zoning from "R -1B" One -family Dwelling District to "B-1" Neighborhood Business Dis-
trict, on a portion of Tract 6, out of Lot 2, Oso Farm Tracts.
Tom Lake, Zoning Coordinator, located the property on the map; pointed out
the zoning and land use of the area; stated that at the Commission hearing two
persons appeared in support of the application, and no one appeared in opposition;
that 18 letters were sent out, and 3 returns received in favor of the request, and
2 against; and that the recommendation of the Zoning & Planning Commission was
that the requested "B-1" zoning be approved on the southeast 150 feet extending
from Everhart Road, but that the remaining portion of the request on the north-
west 127.70 feet be denied, the rear portion thereby forming a buffer zone to
the adjacent residential area.
City Manager Whitney presented the letters of W. T. Pulliam, 821 Oak Park
Avenue, and of Roy Smith, 5030 S. Staples, in favor of the request, and that of
Ted Anderson in opposition which were read; and Tom Lake read the letters of Mrs.
Helen R. Tutt, 4930 Mildred Drive, and Bill Hall, Everhart Road, received by the
Commission in opposition.
John Thomason, representing the applicant, spoke in support of the request
on the basis that there is a contract of sale to Benefield for a service station
on the Everhart corner part of the tract, and the balance of the tract is proposed
• •
City of Corpus Christi, Texas
Special Council Meeting
December 9, 1964
Page 2
for a small drive-in grocery with some fifty or sixty feet being left as a buffer
between the row of adjacent residential lots which are presently vacant; and pointed
out several lots in the immediate area which he felt would soon be considered for
logical business zoning. Mr. Thomason stated that the applicant would accept the
recommendation of the Commission, but that he really wanted the "B-1" zoning for the
entire subject property so he could develop the drive-in grocery.
No one appeared to speak in opposition to the application.
Commissioner Wallace was opposed to the requested "B-1" zoning on any part
of the subject property as an encroachment into residential property, but felt that
perhaps "A-1" or even "A-2" zoning would be reasonable because of the vacant lots
to the northwest and northeast; and Commissioner de Leon felt the 150 feet of "B-1"
zoning recommended by the Commission should be fenced off as a buffer.
Motion by Maldonado, seconded by Roberts and passed that the hearing be
closed.
Motion by Blackmon, seconded by Maldonado that the recommendation of the
Zoning & Planning Commission be concurred in, and that the requested "B-1" zoning
be approved on the southeast 150 feet extending from Everhart Road, but that the
remaining portion of the request on the northwest 127.70 feet be denied.
Motion by de Leon, seconded by Blackmon that the foregoing motion be amended
to provide a six-foot solid cedar fence at the 150 -foot line. On vote, Blackmon,
de Leon, and Maldonado voted "Aye," Barnard, Young, Roberts, and Wallace voted
"Nay," and Mayor Barnard declared the amendment to the motion had failed to pass.
Voting on the motion to concur in the recommendation of the Zoning & Plan-
ning Commission, Blackmon, Roberts, and Maldonado voted "Aye," Barnard, Young,
de Leon, and Wallace voted "Nay," and Mayor Barnard declared the motion to concur
in the recommendation of the Zoning & Planning Commission had failed to pass.
It was suggested that the applicantt be contacted to see whether the subject
property could be developed under "A-1", "A-2", or'AB" zoning.
Motion by Wallace, seconded by Blackmon and passed that the foregoing appli-
cation be tabled.
City of Corpus Christi, Texas
Special Council Meeting
December 9, 1964
Page 3
•
Mayor Barnard announced the public hearing on Application No. 1064-4 of
T. A. Harrell, Sr. (Save -Way Service, Inc.) for a change of zoning from "R -1B"
One -family Dwelling District to "B-1" Neighborhood Business District on all of
Lot "A," Bayder Addition.
Tom Lake located the property on the map; pointed out the zoning and land
use of the area; stated that at the Commission hearing two persons appeared in
support of the request, and no one appeared in opposition; that five letters were
sent out, one return was received in favor of the request and none against; and
that the recommendation of the Zoning & Planning Commission was that the request be
denied but that in lieu a Special Permit for a service station be approved subject
to the presentation and approval of a site plan which waives the ten -foot setback
requirement of the rear yard and located the structure as far back on the property
as feasible. Mr. Lake called attention to the Commission's request that their
reasons for approving the request in this manner be recorded as being based on the
importance of Lexington Boulevard as a part of Interstate Highway 37 and should be
subject to a special building line.
John Thomason, representing the applicant, owner of Harrell Petroleum Com-
pany, and agent for Hancock Service Stations, stated that the property had been
bought as a business corner and the applicant wants business zoning; that the
business zoning was approved on this property in 1956 subject to a plat and subject
to the giving of twenty feet of right of way on Airline; that the property owner
had neglected to fulfill the requirement until October of 1961 when he filed the
plat; that when a replat was filed in 1963, it was considered wise to re -submit the
application; that the applicant proposed a thirty-five foot setback on Lexington
and presented aerial photos to show other setbacks in the area; and stated that he
did not consider a Special Permit was fair or justified in view of all the circum-
stances—
No one appeared in opposition to the application.
Motion by Wallace, seconded by Maldonado and passed that the hearing be
closed.
Motion by Wallace, seconded by Blackmon and passed unanimously that an
City of Corpus Christi, Texas
Special Council Meeting
December 9, 1964
Page 4
ordinance be brought forward reflecting a change of zoning on all of Lot "A,"
Bayder Addition, from "R -1B" to "B-1" Neighborhood Business District.
Mayor Barnard announced the public hearing on Application No. 1064-5 of
Ray E. Peterson for change of zoning from "R -1B" One -family Dwelling District and
"R-2" Two-family Dwelling District to "B-3" Shopping Center District, on the north-
east 200 feet of Lot 4, Woodlawn #1.
Tom Lake located the property on the map; pointed out the zoning and land use
of the area; stated that at the Commission hearing one person appeared in support
of the application, and no one in opposition; that eight letters were sent out, five
returns were received in favor of the request, and none against; that the recom-
mendation of the Zoning & Planning Commission was that the request be approved sub-
ject to: (1) Construction of a six-foot solid fence where this property abuts other
private property; (2) That the required plot plan under "B-3" Shopping Center Dis-
trict regulations may be amended with the approval of the Zoning & Planning Commission;
(3) That the parking ratio be in accordance with Article 22 of the Zoning Ordinance;
(4) That the owner file a covenant to run with the property for twenty-five years
that alcholic beverages will not be consumed on the premises; and (5) That a satis-
factory traffic pattern be devised meeting the requirements of the Traffic Engineer-
ing Department. Mr. Lake pointed out that the recommended conditions were the same
conditions under which the original area was approved for "B-3" zoning; and pre-
sented the final site plan for the property.
City Manager Whitney stated that the required instruments have been filed,
and presented the plan showing the traffic pattern which has been approved by the
Traffic Engineering Department and agreed to by the applicant, which involves cer-
tain street changes to be paid for by the City and some additional signalization
to be paid for by the applicant.
James Peterson, representing the applicant, was present in support of the
application and stated that the restrictions were being complied with.
No one appeared in opposition.
Motion by Wallace, seconded by Roberts and passed that the hearing be closed.
City of Corpus Christi, Texas
Special Council Meeting
December 9, 1964
Page 5
•
City Manager Whitney suggested that approval of the traffic pattern just
shown the Council be included in any motion to approve the change in zoning.
Motion by Roberts, seconded by Maldonado and passed that the recommendation
of the Zoning & Planning Commission be concurred in, and that an ordinance be brought
forward changing the zoning from "R -1B" and "R-2" to "B-3" Shopping Center District
on the northeast 200 feet of Lot 4, Woodlawn #1, subject to (1) construction of a
six-foot solid fence where this property abuts other private property; (2) that
the required plot plan under "B-3" Shopping Center District regulations may be
amended with the approval of the Zoning & Planning Commission; (3) that the parking
ratio be in accordance with Article 22 of the Zoning Ordinance; (4) that the owner
file a covenant to run with the property for twenty-five years that alcholic bever-
ages will not be consumed on the premises; (5) that a satisfactory traffic pattern
be devised meeting the requirements of the Traffic Engineering Department; and
further, that the negotiations of the City Manager with the applicant relative to
the traffic pattern be approved as submitted to the Council at this meeting,
Mayor Barnard announced the public hearing on Application No. 1064-6 of
Mrs. W. E. Gulley for a change of zoning from "R -1B" One -family Dwelling District
to "B-1" Neighborhood Business District, on all of Lot 359 Gus Heye Addition.
Tom Lake located the property on the map; pointed out the zoning and land
use in the area; stated that one person appeared at the Commission hearing in
support of the application, and no one in opposition; that twenty-one letters
were sent out, one return was received in favor of the request, and none against;
and that the recommendation of the Zoning & Planning Commission was that the re-
quest be approved subject to c.he erection of a six-foot solid fence along the
northwest boundary line of the subject property.
Mr. C. B. Caswell, representing the applicant, was present in support of
the request and stated that the fence requirement was satisfactory to the applicant.
No one appeared in opposition to the application.
Motion by Wallace, seconded by Young and passed that the hearing be closed.
Motion by Young, seconded. by Blackmon and passed that the recommendation
of the Zoning & Planning Commission be concurred in, and that an ordinance be
• •
City of Corpus Christi., Texas
Special Council Meeting
December 9, 1964
Page 6
brought forward changing the zoning from "R -1B" to "B-1" Neighborhood Business
District on all of Lot 35, Gus Heye Addition, subject to the erection of a six-
foot solid fence along the northwest boundary line of the subject property.
Mayor Barnard announced the public hearing on Application No, 1064-7 of
Edward Quaile for a change of zoning from "R -1B" One -family Dwelling District to
"B-1" Neighborhood Business District on the south thirty feet of Lot 2 and the
north twenty feet of the southfifty feet of Lot 23, Block 7, Lexington Estates,
Tom Lake located the property on the map; pointed out the zoning and land
use in the area; explained that the reason these two areas were not included in the
application for rezoning of the three or four block strip along Lexington was be-
cause one of them was not under the same ownership at that time, and the other was
omitted through oversight of the applicant; stated that at the Commission hearing one
person appeared in support of the request, and no one in opposition; that nineteen
letters were sent out, and no replies were received in favor, and two against the
application, and one letter received in favor of the request since the Commission
hearing; and that the recommendation of the Zoning & Planning Commission was that
the request be approved.
The replies of Charles L. Hankins, 5034 Mokry Drive, and Mary Pe Krisco,
5030 Kosarek Drive, were presented and read, in opposition on the basis that it
would lower the value of their residential property, the undesirable features of
business zoning, and the complaints of other property owners with similar situa-
tions.
Edward Quaile, applicant, appearing in support of the application, explained
his error in property description in the previous application; and stated that the
owner plans to build two 6 -unit apartments so he does not think there should be any
objection.
No one appeared in opposition.
Motion by Wallace, seconded by Maldonado and passed that the hearing be
closed.
Motion by Blackmon, seconded by Wallace and passed that the recommendation
of the Zoning & Planning Commission be concurred in, and that an ordinance be brought
•
City of Corpus Christi, Texas
Special Council Meeting
December 9, 1964
Page 7
forward changing the zoning from "R -1B" to "B-1" Neighborhood Business District
on the south thirty feet of Lot 2 and the north twenty feet of the south fifty
feet of Lot 23, Block 7, Lexington Estates.
Mayor Barnard announced the public hearing on Application No. 1064-8 of
David M,4Coover for a change of zoning from "R -1B" One -family Dwelling District
to "I-2" Light Industrial District on all of Lots 1 and 2, Block 9, Baldwin Farm
Lots Partition, a portion of Block 15, J. C. Russell Farm Lots.
Tom Lake located the property on the map; pointed out the zoning and land
use of the area; stated that at the Commission hearing the applicant had appeared
in support of the application, and no one in opposition; that six letters were
sent out, and no replies were received either for or against the request; and that
the recommendation of the Zoning & Planning Commission was that the request be
approved subject to the regulations of the "1-2" Light Industrial District and
a proper plat.
Dave Coover, attorney representing the property owners, Mrs. Glover Johns
and Glover Johns, Jr., appeared in support of the application on the basis that
the proposed sale of the property for use as a concrete prefabricating plant and
contractor's yard, and other light industrial uses that would not be detrimental
to surrounding property, and would further development and progress in the
area.
No one appeared in opposition to the application.
Motion by de Leon, seconded by Young and passed that the hearing be closed.
Motion by de Leon, seconded by Wallace and passed that the recommendation
of the Zoning & Planning Commission be concurred in, and that an ordinance be
brought forward changing the zoning from "R -1B" to "I-2" Light Industrial District
on all of Lots 1 and 2, Block 9, Baldwin Farm Lots Partition, a portion of Block
15, J, C, Russell Farm Lots, subject to the regulations of the "I-2" Light Industrial
District and a proper plat.
There being n® further business to come before the Council, the special
meeting was adjourned,