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HomeMy WebLinkAboutMinutes City Council - 05/05/1965 - SpecialMINUTES CITY OF CORPUS CHRISTI, TEXAS SPECIAL COUNCIL MEETING May 5, 1965 3:30 p.m. PRESENT: Mayor McIver Furman Mayor Pro Tem Jack R. Blackmon Commissioners: Patrick J. Dunne Dr. P. Jimenez, Jr. Ken McDaniel Ronnie Sizemore • City Manager Herbert W. Whitney City Attorney I. M. Singer City Secretary T. Ray Kring Mayor McIver Furman called the special meeting to order. City Secretary T. Ray Kring called the roll of those in attendance. Mayor Furman announced the Council would now hold the scheduled public hearings on several zoning applications, and explained the procedure to be\falloaed. City Secretary Kring identified the first public hearing as being on Application #365-8, Dr. L. K. Sherrill, for change of zoning from "R -1B" One -family Dwelling District to "B-1" Neighborhood Business District on Lot 1, Block 1, and Lot 1, Block 3, Retama Grove. Tom Lake, Zoning Coordinator, located the property on the map; pointed out the zoning and land use of the area; stated that three persons appeared at the Commission hearing in support of the application, and none against; that twenty- three notices were sent out, six returns received in favor and two in opposition; and that the recommendation of the Zoning & Planning Commission was that it be denied on the basis that the established residential zoning pattern should be retained. Mr. Lake added that the request was for a combination of a shop and business on the first floor with apartments above, and that since it had been in- dicated that the applicant was primarily thinking of apartments only, more likely "A-2" was needed. City Manager Whitney presented four communications received from property owners, one in favor and three against. Dr. Sherrill explained that Lot 1, Block 1 of the property is in Bancroft - Dodge, and that only Lot 1, Block 3 is in Retama Grove; that the property has been in her name since 1957, and not in the name of Lola Sherrill as indicated on the map; that Lot 1, Block 3, Retama Grove can be dropped from the application if this City of Corpus Christi, Texas Special Council Meeting May 5, 1965 Page 2 would allow the rezoning, as this would be used for parking; and that she had in mind a doctor's office and perhaps shop of some kind, and one or two stories of apartments, and gardens and something attractive in place of the present residence which is occupied by her mother. The requirements and uses permitted under "AB" Professional Office District zoning were discussed, and Commissioner Jimenez stated he would favor granting "AB" zoning, if the applicant was willing to abandon the "B-1" request. No one appeared in opposition to the application. Motion by Blackmon, seconded by Jimenez and passed that the hearing be closed. Motion by Jimenez, seconded by Blackmon that the request for "B-1" zoning on the subject property be denied, but that in lieu a change of zoning frpm "11-1B" to "AB" Professional Office District be granted. On roll call vote, Furman, Blackmon, Dunne, Jimenez and Sizemore voted "Aye," McDaniel abstained, and Wallace absent. The Chair declared the motion had passed, and requested that an ordinance be brought forth reflecting the change of zoning. City Secretary Kring identified the next public hearing as being on Appli- cation #365-11, Donald L. Bonham, for change of zoning from "R -1B" One -family Dwelling District to "B-5" Primary Business District on an 8.506 -acre tract out of Share "G" of the Mrs. Mary McBride Partition. Tom Lake located the property on the map; pointed out the zoning and land use of the area; stated that Mr. Anderson, attorney representing the applicant, and one other person appeared at the Commission hearing in support of the appli- cation, and one person in opposition; that thirty-nine notices were sent out, four returns received in favor, and one in opposition; and that the recommenda- tion of the Zoning & Planning Commission was that it be denied, but that in lieu "B-4" General Business District be approved subject to the erection of a six-foot solid fence along the interior property lines. Mr. Lake added that the applicant's attorney had indicated the development as a coordinated motel and service station facility, and that "B-4" would be adequate for the desired signs as well. City of Corpus Christi, Texas Special Council Meeting May 5, 1965 Page 3 Ted Anderson, attorney for the applicant, was present in support of the application, but had nothing further to add. No one appeared in opposition. Motion by Blackmon, seconded by Sizemore and passed that the hearing be closed. Motion by McDaniel, seconded by Blackmon and passed that the recommenda- tion of the Zoning & Planning Commission be accepted, and the request for "B-5" zoning be denied on the 8.506 -acre tract out of Share "G" of the Mrs. Mary McBride Partition, but that in lieu 'B-4" General Business District be granted sub- ject to the erection of a six-foot solid fence along the interior property lines. The Chair requested that an ordinance be brought forth reflecting this action. City Secretary Kring indentified the next public hearing as being on Application #365-12, Adam Ostarly, for change of zoning from "B-4" General Busi- ness District to "B-5" Primary Business District on Lots 12, 13 and 14, Block "A," Flour Bluff Estates #1. Tom Lake located the property on the map; pointed out the zoning and land use of the area; stated that the applicant and one neighboring property owner appeared at the Commission hearing in support of the application; that fourteen notices were sent out, one return received in favor and none in opposition; and that the recommendation of the Zoning & Planning Commission was that it be denied, but that in lieu a Special Permit for a miniature golf course and diving tank be approved subject to the site plan as presented and the regulations of the "8-4" General Business District. Mr. Lake presented the site plan on which the Special Permit was approved by the Commission, indicating the various holes for the golf course, diving tank, classroom and diving shop, office for golf course, and park- ing area. No one appeared to speak either in favor or in opposition to the appli- cation. Mayor Furman declared the hearing closed. Motion by McDaniel, seconded by Sizemore and passed that the recommenda- tion of the Zoning & Planning Commission be accepted, and the change of zoning 6 City of Corpus Christi, Texas Special Council Meeting May 5, 1965 Page 4 be denied on Lots 12, 13 and 14, Block "A," Flour Bluff Estates #1, but that in lieu a Special Permit for a miniature golf course and diving tank be approved subject to the site plan as presented and the regulations of the "B-4" General Business District. The Chair requested that an ordinance be brought forth reflect- ing this action. City Secretary Rring identified the next public hearing as being on Appli- cation #365-13, Mrs. W. L. DeRoche, William D. Taylor and Charles Dorsey, for change of zoning from "R -1B" One -family Dwelling District to "AB" Professional Office District on a portion of Lot 2, Oso Farm Tracts. Tom Lake located the property on the map; pointed out the zoning and land use of the area; stated that two of the three co -applicants appeared in support of the application at the Commission hearing, and no one appeared in opposition; that twenty-six notices were sent out, five returns received in favor, and none in opposition; and that the recommendation of the Zoning & Planning Commission was that it be approved as submitted. Charles Dorsey, one of the co -applicants, appeared in support of the pro- posed medical and dental clinic which will front on Mt. Vernon Drive, and be fenced and landscaped. No one appeared in opposition. Mayor Furman declared the hearing closed. Motion by Sizemore, seconded by McDaniel and passed that the recommenda- tion of the Zoning & Planning Commission be concurred in, and that the change of zoning on a portion of Lot 2, Oso Farm Tracts from "R -1B" to "AB" Professional Office District, be granted as applied for. The Chair requested that an ordinance be brought forward reflecting the change of zoning. City Secretary Kring identified the next public hearing as being on Ap- plication 4k365-15, Mrs. Karolina Klapka Campbell, for change of zoning from "A -1A" One -family Dwelling District to "B-1" Neighborhood Business District on Tract 2 of the resubdivision of a portion of State Survey 422, Abstract 850. Tom Lake located the property on the map; pointed out the zoning and land use of the area; stated that a representative of the applicant and two nearby City of Corpus Christi, Texas Special Council Meeting May 5, 1965 Page 5 property owners appeared in support of the request at the Commission hearing, and no one in opposition; that ten notices were sent out, one return received in favor, and one in opposition; and that the recommendation of the Zoning & Planning Com- mission was that it be approved as submitted. The proposed development is for a service station location. City Manager Whitney presented one communication received in favor of the request. No one appeared to speak in connection with this application. Mayor Furman declared the hearing closed. Motion by Sizemore, seconded by McDaniel and passed that the recommenda- tion of the Zoning & Planning Commission be concurred in, and the change of zoning to "8-1" Neighborhood Business District on Tract 2 of the resubdivision of a portion of State Survey 422, Abstract 850, be granted. The Chair requested that an ordinance be brought forward reflecting the change of zoning. Mayor Furman brought up the pending zoning application which was deferred from the regular meeting this afternoon - Application #365-3, Lowell W. Benefield, for change of zoning from "R-18" One -family Dwelling District to "B-1" Neighborhood Business District on Tract I, southwest corner of the intersection of McArdle and Everhart, and from "R -1B" One -family Dwelling District to "A-1" Apartment House District on Tract II, adjacent to Tract I on McArdle, on which public hearing was held March 31, 1965. Mayor Pro Tem Blackmon pointed out that action on the Benefield applica- tion had been deferred to see what affect the Council's action on a rezoning re- quest heard at this meeting on property in the same block, (at the corner of Mt. Vernon Drive and Everhart) might have on this request. He pointed out further that in order to be approved, the Benefield request would require six affirmative votes, and that his personal thinking was that it probably would be defeated, which would saddle the property with a rezoning re- jection, and suggested that it be deferred until the Monday Work Shop and formal vote be taken at next regular meeting, in view of the fact that the applicant might possibly want to withdraw the application. City of Corpus Christi, Texas Special Council Meeting May 5, 1965 Page 6 Motion by Blackmon, seconded by McDaniel and passed that Council action on the Application #365-3 of Lowell W. Benefield be deferred until next regular meeting. In connection with approval of the minutes of the regular meeting of April 28, 1965, which had been deferred from the regular meeting earlier this afternoon, Mayor Pro Tem Blackmon pointed out that the Council had voted to give the South Texas Realty Company essentially what the owner, Mr. Whitley, asked for in the way of a sign; that the minutes reflect this, but saddled with the twenty -foot setback restriction; that he may have missed the discussion, but that he did not believe the Council intended to saddle the request with the twenty -foot setback. Tom Lake informed the Council that the Zoning & Planning Commission had indicated in two instances that it would not favor a reduction in this setback by turning the rezoning down entirely without recourse; that the plat was also denied, and the replat was denied this change in setback. He stated that he felt in these two instances the Commission had indicated it's opinion that the setback should not be revised, which is thirty feet on Moravian and 15 feet on Lexington. Mayor Pro Tem Blackmon recalled that Mr. Whitley had come to the Council with an Appeal from. the denial of his replat by the Zoning & Planning Commission, and that the prior Council had told him it would probably look favorably on a Special Council Permit, but that his Appeal on the Denial of Aeplat is still pend- ing before the Council. He felt that it was the previous Council's thinking to approve a Special Council Permit, and that last week this Council had approved a Special Council Permit, and that the minutes of last week's meeting need to be corrected to strike the limitation of the twenty -foot setback restriction. City Attorney Singer advised the Council that it would have to change the building line if it approved the replat on this property. During a discussion, Mayor Pro Tem Blackmon agreed that if the Council grants the Special Council Permit without mentioning the setback line, that still leaves pending before it Mr. Whitley's appeal regarding denial of his replat. City Manager Whitney suggested if it is not the Council's intention to enforce the twenty -foot setback, that the minutes be corrected by deleting the reference "subject to the twenty -foot front yard setback area," and then the Special Council Permit will not be tied to it if the Council then approved the amended plat. City Secretary Kring called the City of Corpus Christi, Texas Special Council Meeting May 5, 1965 Page 7 Council's attention, in the absence of the City Attorney at this point, to some wording of the text of the Zoning Ordinance which he felt might affect the action of the Council. k, Motion by Blackmon, seconded by Dunne and passed that approval of the minutes of April 28th be deferred until next week's meeting. Jon Held appeared with Carl Duaine in connection with their development of a subdivision in Flour Bluff; explained that the F.H.A. has refused to make any more financial commitments in Flour Bluff and using septic tanks for the disposal of sewage; that in conferences with Mr. Whitney, he has made him fully aware of the pertinent facts in the matter; that they are requesting sewage service for about 500 acres of land; and that any development is completely stopped until some relief is granted. City Manager Whitney stated that he is attempting to work out a proposal to present to the Council of some temporary means of treating the sewage, possibly a package plant; that Mr. Held is ready to put sewer laterals within his subdivi- sion; and that he will attempt to have firm figures and a map to show the Council at Monday's Work Shop of right of ways and cost estimates as to the City's parti- cipation; and that Reagan & McCaughan are working on a master plan for sewage for the Flour Bluff area and whatever temporary means of treating the sewage is designed, should tie into the ultimate system. There being no further business to come before the Council, the special meeting was adjourned.