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HomeMy WebLinkAboutMinutes City Council - 11/17/1965 - SpecialMINUTES CITY OF CORPUS CHRISTI, TEXAS SPECIAL COUNCIL MEETING November 17, 1965 3:00 p.m. PRESENT: Mayor McIver Furman Mayor Pro Tem Jack R. Blackmon Commissioners; Patrick J. Dunne Dr. P. Jimenez, Jr. Ken McDaniel Ronnie Sizemore Wm. H. Wallace City Manager Herbert W. Whitney Asst. City Attorney Robert Young City Secretary T. Ray Kring Mayor McIver Furman ra11ed the meeting to order. City Secretary T. Ray Kring ra.11ed the roll of those in attendance. Mayor Furman announced the purpose of the special meeting was to hold public hearings on six zoning applications, and such other business as might properly come before the Council; and explained the procedure to be followed. Mayor Furman announced the public hearing on Application #965-3, Dr. Joseph A. Abbey, for change of zoning from "R -1B" One -family Dwelling District to "B-4+" General Business District on the Southerly 20 acres of Lots 17, 18 and 19, Section 13, Flour Bluff and Encinal Farm and Garden Tracts, fronting on the Southeast Right of Way line of South Staples Street. Tom Lake, Zoning Coordinator, located the property on the map; pointed out the zoning and land use of the area; explained that at the Commission hearing held September 7, 1965, the applicant and one neighboring property owner appeared in support of the application and four neighboring property owners appeared in opposition; that twelve letters were sent out, one return was received in favor and none in opposition; and stated that the recommendation of the Zoning and Planning Commission was that the application be tabled for further study. Mr. Lake stated that at the Commission meeting held September 28, 1965, the recommen- dation of the Zoning and Planning Commission was that it be Apnied on the basis that there is no obvious need for additional business in this area, the request is premature and the zoning, if granted, would deter development of the adjacent residential subdivisions, but that in lieu thereof, a Special Permit for the existing golf course and proposed pertinent uses, such as a pro shop, snack bar, caddy house, caretaker's quarters and similar accessory uses, be approved., the Minutes Special Council Meeting November 17, 1965 Page 2 the permit to be terminated at the time the golf course discontinues operation. Mr. Lake further explained that a golf course was located on the property and that applicant desired to improve the front portion of the property; and that the golf course had legal status as a non -conforming use since it existed prior to annexation of that area; that it retained that status on a permanent basis unless expansion or extensive remodeling was desired. Dr. Joseph A. Abbey vas present in support of his application and ex- plained to Council that he had requested the change of zoning on the front of the property facing South Staples Street, because there was nothing else that could be done with the property at the present time; that he desired to improve the front portion with businesses relating to the golf course; and that when the present lease on the golf course expired, which would be in about six and one-half years, the property would be developed as a residential section. Mr. Art Reichert, owner of a portion of Lot 17, Block 5, Gardendale #2, spoke in opposition to this request on the basis that the area was not fully developed, and that he could not see any reason for additional property being zoned business at the present time. City Manager Whitney advised that a contract had been awarded recently for the construction of the Glen Arbor Storm Sewer in that area, and that this storm sewer would relieve the drainage problem in that area. Mrs. Emma Lee Hulsey, owner of Lots 20 and 21, Block 5, Gardendale #2, and Mr. J. L. Etheridge, nearby property owner, concurred with the statements of Mr. Reichert, and stated that the area could not support any additional businesses. Mr. Etheridge advised that he also represented L. P. Fritz, Lot 19, Block 5, Gardendale #2, who was also opposed to the request. Motion by Sizemore, seconded Dunne and passed that the hearing be closed. Motion by Jimenez, seconded by Blackmon and passed that the request for change of zoning frau "R -1B" one family Dwelling District to "B-4" General Business District on the Southerly 20 acres of Lots 17, 18 and 19, Section 13, Flour Bluff and Encina.? Parm and. Garden Tracts, fronting on the Southeast Minutes Special Council Meeting November 17, 1965 Page 3 Right of Way line of South Staples Street, be tabled for one week for further consideration. Mayor Furman announced the public hearing on Application #965-15, T. D. Bowen, for change of zoning from "R -1B" One -family Dwelling District to "B-1" Neighborhood Business District; Lot 3, Jerry Place, being that property located on the Southwest Right of Way line of Go111har Road, beginning at a point 140 Feet Northwest of the Southwest corner of the intersection of Gollihar Road and Evelyn Street, extending 60 Feet in a Northwesterly direction along Gol1ihmr Road for the frontage and 200 Feet in a Southwesterly direction from Gollihar Road for the depth. Tom Lake, Zoning Coordinator, located the property on the map; pointed out the zoning and land use of the area; explained that at the Commission hearing held on September 28, 1965, the applicant appeared in support of the application and no one appeared in opposition; that twenty-eight letters were sent out, two returns were received in favor and none in opposition; and stated that the recom- mendation of the Zoning and Planning Commission vas that it be denied, but in lieu thereof a Special Permit for a coin-operated car wash be approved subject to the following conditions: (1) Conformance to the site plan as presented and as corrected by the Commission; (2) Compliance with all other regulations of the "B-1" Neighborhood Business District. Mr. T. D. Bowen was present in support of his application and explained that he proposed to construct a coin-operated car wash on the property; that he had signed a ten-year lease; and that he preferred to have "B-1" zoning but a Special Permit would be acceptable. No one appeared in opposition to this application. Motion by Wallace, seconded by Sizemore and passed that the hearing be closed. Motion by Wallace, seconded by Blackmon that the recommendation of the staff be approved and that the request for change of zoning from "R -1B" One - family Dwel1ing District to "B-1" Neighborhood Business District; Lot 3, Jerry Plaee, be denied. Minutes Special Council Meeting November 17, 1965 Page 4 In answer to questions from the Council, Mr. Lake advised that the Staff did not consider Special Permits unless there was some specific hardship involved. Commissioner Wallace stated that he felt the City should begin to be as firm as possible about strip and spot zoning, and Commissioner Sizemore stated that he agreed in essence but not in every case. The Chair called for a show of hands on the foregoing motion, and declared the motion to deny the request for change of zoning from "R -1B" One - family Dwelling District to "B-1" Neighborhood Business District, Lot 3, Jerry Place, had failed, with Jimenez, McDaniel and Sizemore voting "Nay." Motion by McDaniel, seconded by Blackmon that the recommendation of the Zoning and Planning Commission be concurred in, and that the request be denied but in lieu thereof a Special Permit for a coin-operated car wash be approved subject to the following conditions: (1) Conformance to the site plan as presented and as corrected by the Commission; (2) Compliance with all other regulations of the "B-1" Neighborhood Business District. The Chair called for a show of hands on the foregoing motion, and de- clared the motion had passed with Furman, Blackmon, McDaniel and Sizemore, voting "Aye" and Dunne, Jimenez end Wallace voting "Nay." Mayor Furman announced the public hearing on Application #965-16, Mark P. Bratton, for change of zoning from "AB" Professional Office District to "I-2" Light Industrial District; Lots 6, 7, 8 and 9, Bratton Place, located on the Southeast Right of Way line of Weber Road. Tom WV., Zoning Coordinator, located the property on the map; pointed out the zoning and land use of the area; explained that at the Commission hearing held September 28, 1965, the applicant appeared in support of the application and no one appeared in opposition; that nine letters were sent out, two returns were received in favor and none in opposition; and stated that the recommendation of the Zoning and Planning Commission was that it be denied, but that in lieu thereof a Special Permit for plastic molding of counter, cabinet and table tops and wall panels be approved subject to the following conditions: Minutes Special Council Meeting November 17, 1965 Page 5 (1) That outdoor advertising be restricted to one free-standing sign not to exceed 32 square feet in size and not to extend above the height of the roof; (2) A time limit of 18 months. Mr. Lake explained that a manufacturing company was using a portion of the lumber yard located on the property, for the prefabrication of counter tops and floor covering materials, and that applicant stated the lease would be ter- minated within eighteen months, and that a Special Permit would be acceptable. Commissioner McDaniel stated that the manufacturing company was a small operation and very little different than the lumber yard. No one appeared in connection with this application. Motion by Wallace, seconded by McDaniel and passed that the hearing be closed. Motion by Jimenez, seconded by Wallace and passed that the recommendation of the Zoning and Planning Commission be concurred in, and that the request be denied, but that in lieu thereof a Special Permit for plastic molding of counter, cabinet and table tops and wall panels be approved subject to the following con- ditions: on-ditions: (1) That outdoor advertising be restricted to one free-standing sign not to exceed 32 square feet in size and not to extend above the height of the roof; (2) A time limit of 18 months. Mayor Furman announced the public hearing on Application #965-17, The Parkdale State Bank, for change of zoning from "B-1" General Business District to "B-5" Primary Business District; Lot 1, Bank Park Plaza, located at the inter- sections of Everhart Road and South Staples Street with Parkdale Drive. Tom Lake, Zoning Coordinator, located the property on the map; pointed out the zoning and land use of the area; explained that at the Commission hearing held September 28, 1965, an attorney, representing the applicant, and the Bank Vice -President, appeared in support of the application and no one appeared in opposition; that thirteen letters were sent out, three returns were received in favor and none in opposition; and stated that the recommendation of the Zoning and Planning Commission was that it be approved subject to the execution of a Minutes Special Council Meeting November 17, 1965 Page 6 deed restrictive covenant which prohibits billboards, except those in con- nection with the proposed use. Mr. Lake further explained that the bank zoning had been overlooked in the recent "B-5" zoning which had been approve& for the adjacent Autotown Subdivision. In answer to questions from the Council, Mr. Lake advised that the Parkdale State Bank had a drive -way on which they required an entrance sign, and that the sign would not be allowed under the existing "B-1+" zoning. Mr. James P. Ryan, attorney representing applicant, was present in support of the application, and stated that a small sign was needed to direct customers, pointed out the drive-in banking facilities, and explained that the present "B-4" zoning would not allow this particular sign. No one appeared in opposition to this application. Motion by Sizemore, seconded by Dunne and passed that the hearing be closed. Motion by Jimenez, seconded by Wallace and passed that the recommenda- tion of the Zoning and Planning Commission be concurred in, and that the request for change of zoning from "B-4" General Business District to "B-5" Primary Busi- ness District; Lot 1, Bank Park Plaza, be approved subject to the execution of a deed restrictive covenant which prohibits billboards, except those in connection with the proposed use. Mayor Furman announced the public hearing on Application #965-18, Mr. and Mra. M. B. Rosary, for change of zoning from "R -1B" One -family Dwelling District to "B-1" Neighborhood Business District; all of Lots 1-N, 2-N and 7 1/3 and the Southeasterly 171 feet, plus or minus, of Lots 1/2 and 1, Ave Cooper Subdivision, located on the most Westerly corner of the intersection of Horne Road and ICostoryz Road. Tom Lake, Zoning Coordinator, located the property on the map; pointed out the zoning and land use of the area; explained that at the Commission hearing held September 28, 1965, the applicant and one other person appeared in support of the application and no one appeared in opposition; that twenty-one letters were sent out, two returns were received in favor and one in opposition; and Minutes Special Council Meeting Novec,,er 17, 1965 Page 7 stated that the recommendation of the Zoning and Plmnning Commission was that it be approved subject to the erection of a six-foot solid fence along the interior property lines. No one appeared in connection with this application. Motion by Wallace, seconded by Blackmon and passed that the hearing be closed. Motion by Mc'mm,ie1, seconded by Wallace and passed, with Jimenez voting "Nay," that the request for change of zoning from "R -1B" One -family Dwelling District to "B-1" Neighborhood Business District, all of Lots 1-N, 2-N and 7 1/3 and the Southeasterly 171 feet, plus or minus, of Lots 1%2 and 1, Ave Cooper Subdivision, be tabled for one week for further consideration. Mayor Furman announced the public hearing on Application #965-19, Stanley Breeden, for change of zoning from "R -1B" One Family Dwelling District to "B-1" Neighborhood Business District; Lot 12, Block "A", Dunbar Subdivision, located on the Southeast corner of the intersection of Carver Drive and Dunbar Street. Tom Lake, Zoning Coordinator, located the property on the map; pointed out the zoning and land use of the area; explained that at the Commission hearing held September 28, 1965, a contractor representing the applicant, appeared in support of the application, and two neighboring property owners appeared in opposition; that thirty-seven letters were sent out, three returns were received in favor and nine in opposition, and a petition containing seventeen signatures of nearby residents in opposition was also received; and stated that the recom- mendation of the Zoning and Planning Commission was that it be denied but that "A-1" Apartment House District be approved. Mr. Lake further explained that applicant proposed to remodel four small houses, and that "A-1" zoning would allow him to improve the property, but that applicant had requested "B-1" zoning as he felt he might build a small grocery store on the property at a later date. Mr. Joe Fernandez, contractor representing the applicant, was present in support of the application, and explained that applicant proposed to expand and remodel the houses, and that "A-1" zoning would be acceptable. Minutes Special Council Meeting November 17, 1965 Page $ Mr. William Johnson, spoke in opposition to the application, and stated that he was opposed to the business use change, but that he was not opposed to the remodeling of the apartments and the change of zoning to "A-1". City Manager Whitney advised that a petition with fifteen signatures in opposition to this request had been received from the First Church of God, 2941 Carver Drive (Petition #65-18), and that a petition with approximately forty signa- tures from nearby residents had been received in opposition to the request (Pei #65-19) Motion by Wallace, ,seconded by Jimenez and passed that the hearing be closed. Motion by Wallace, seconded by Jimenez and passed that the recommendation of the Zoning and Planning Commission be concurred in, and that the request for change of zoning from "R -1B" One family Dwelling District to "B-1" Neighborhood Business District, Lot 12, Block "A" Dunbar Subdivision, be denied but that "A-1" Apartment House District be granted. City Manager Whitney advised Council that Tom Lake, Zoning Coordinator, had resigned to accept a position in Oklahoma City, and would be leaving the following creek. Mayor Furman expressed the appreciation of the Council, and the City, for the fine work and service contributed by Mr. Lake, There being no further business to come before the Council, the Special meeting was adjourned.