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HomeMy WebLinkAboutMinutes City Council - 02/22/1966 - SpecialMINUTES CITY OF CORPUS CHRISTI, TEXAS SPECIAL COUNCIL MEETING February 22, 1966 2:00 p.m. PRESENT: Mayor McIver Furman Mayor Pro Tem Jack R. Blackmon Commissioners: Patrick J. Dunne 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 called the meeting to order. City Secretary T. Ray Kring called the roll of those in attendance. Motion by Blackmon, seconded by Dunne and passed that the absence of Com- missioner P. Jimenez, Jr. be excused for illness. 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 #166-7, The Port City Lodge #581 of the Ancient Free and Accepted Masons, for change of zoning from "R -1B" One -family Dwelling District to "A-2" Apartment House District, on Lot 12, Block 1, Reynolds Addition #2. Larry Wenger, Senior City Planner, located the property on the map; pointed out the zoning and land use of the area; explained that at the Commission hearing held January 18, 1966, Mr. Isaac Madison, Trustee for the Lodge, appeared in favor of the zoning change, and that one other property owner appeared in favor and no one appeared in opposition; that thirty-eight letters were sent out, and three re- turns were received in favor and none in opposition; and stated that the recommenda- tion of the Zoning and Planning Commission was that it be approved. Mr. Isaac Madison, Trustee for the Lodge, appeared in favor of the application and explained that the Lodge wished to use an existing building on the property for a Lodge Hall, and would hold meetings in this building. No one appeared in opposition to this application. Motion by Blackmon, seconded by Dunne and passed that the hearing be closed. Motion by Dunne, seconded by Blackmon 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 "A-2" Apartment House District, Minutes Special Council Meeting February 22, 1966 Page 2 on Lot 12, Block 1, Reynolds Addition #2, be approved; and that an ordinance be brought forward effectuating this change. Mayor Furman announced the public hearing on Application #166-8, The Carmelite Sisters, for change of zoning from "R -1B" One -family Dwelling District to "A-2" Apartment House District, on a 6.82 -acre tract out of the Southwest corner of the W. E. Pope Tract, fronting 586.07 Feet along the Northeast Right of Way line of South Alameda Street, 1170.69 Feet along the Northwest Right -of -Way line of Everhart Road and 1013.42 Feet along the Southeast boundary line of the Carmel Parkway Drainage Ditch. Larry Wenger, Senior City Planner, located the property on the map; pointed out the zoning and land use of the area; explained that at the Commission hearing held January 18, 1966, Mr. Douglas Beck, contractor for the applicant, appeared in favor of the application and explained that applicant desired to build an addition to the existing building and that the existing building was built under a Special Permit; that one other person appeared in favor of the application and two persons appeared in opposition; that thirty-nine letters were sent out, and five returns were received in favor and one return was received in opposition; and stated that the recommendation of the Zoning and Planning Commission was that it be approved. Following a discussion relative to a plat being approved, Commissioner McDaniel inquired as to why applicant was just now applying for a zoning change, and stated that construction had already started on the proposed addition. Mr. Robert Haegelin, attorney, spoke in support of the application, and stated that the delay was a result of the plat not being approved; that this problem had been worked out; that the original building was built in 1948 under a Special Permit; that the applicant desired to make an addition to the existing building; and that the addition would be the same type of construction as the existing building and would be a two-story building. Mr. Douglas Beck, contractor for the applicant, spoke in support of the application, and explained that the work was started with a "Foundation Permit" at the owner's risk, and stated that the addition would cost approximately $800,000 to build. Following a discussion relative to the proposed addition, Mr. Wenger Mi.nntes Special Council Meeting February 22, 1966 Page 3 advised that the addition would be used as a home for the aged. City Manager Whitney advised that one communication had been received in opposition from Mr. W. L. Bowen. No one appeared in opposition to this application. Motion by Sizemore, seconded by McDaniel and passed that the hearing be closed. Motion by Blackmon, seconded by McDaniel and passed that the change of zon- ing from "R -1B" One -family Dwelling District to "A-2" Apartment Rouse District, on a 6.82 -acre tract out of the Southwest corner of the W. E. Pope Tract be approved subject to a proper plat being approved. Mayor Furman announced the public hearing on Application #166-9, W. 0. Kneel, Jr., for change of zoning from "R -1B" One -family Dwelling District to "B-1" Neigh- borhood Business District on Lot 1, Wilson Terrace Annex. Larry Wenger, Senior City Planner, located the property on the map; pointed out the zoning and land use of the area; explained that at the Commission hearing held January 18, 1966, Mr. W. 0. Kugel, Jr., representing Mr. George R. Whitener, owner of the subject property, appeared in favor of the application and four persons appeared in opposition; that thirty-one letters were sent out, and one return was received in favor and seven returns were received in opposition; and stated that the recommendation of the Zoning and Planning Commission was that it be denied. Mr. W. 0. Khsel, Jr., representing Mr. George R. Whitener, owner of the subject property, spoke in support of the application, and stated that the property was no longer desirable as a homesite because of businesses that surround it; that Mr. Whitener had invested a great deal of money in his home and could not dispose of his property as residential use because of the investment; and that "B-1" zoning had been granted on property across the street from the subject property. The Rev wend. Greg Robertson, Minister of Aldersgate Methodist Church, spoke in opposition to this request, and stated that the Church was building a new sanctuary on the rear portion of its property and that a business use would not be compatible. Mr. Robertson further stated that the Church would not object to business zoning of the front portion of the subject property but did object to the entire property being zoned for business use. Minutes Special Council Meeting February 22, 1966 Page 4 Mr. :ill Mobley, owner of Lot 7, Wilson Terrace Annex, spoke in opposition to this request, and presented a communication signed by seventeen property owners in the area opposing this change. Mr. Mobley stated that the business zoning would decrease the value of the surrounding residential. property; that it would be against the public interest; and urged the Council to concur with the recommendation of the Zoning and Planning Commission and deny the requested zoning change. Mr. T. R. Brown, owner of Lot 9, Block 4, Wilson Terrace, and Mr. Wayne Campbell, owner of Lot 8, Block. 4, Wilson Terrace, spoke in opposition to this request, and concurred with the foregoing remarks of Mr. Mobley. Mr. Arturo Vasquez, owner of Lot 5, Block 4, Wilson Terrace, concurred with the remarks of Mr. Mobley, and stated further that the traffic, lights and noise from the existing businesses would be increased by this zoning change, and urged the Council to deny the requested zoning change. Following a discussion relative to "AB" Professional 0 c District zoning, Commissioner Sizemore asked if anyone would be opposed to this zoning. Mr. Brown stated that he would not be opposed to this change if it could be restricted to something that would not cause a lot of noise at night and on the weekends. Reverend Robertson stated that the Board of Trustees for the Church had expressed that "AB" zoning would be agreeable, and asked that a solid wood fence be erected between the church property and the subject property. Mr. Kusel stated that "AB" zoning would be acceptable to Mr. Whitener, that he applied for "B-1" zoning as the existing near -by businesses were zoned "B-1", and that "AB" zoning would allow Mr. Whitener to recover a portion of his investment in the subject property. Mr. Mobley asked if applicant would have to re -apply for the "AB' zoning, and City Manager Whitney advised that the Council could grant any lesser zoning and that applicant would not have to re -apply for "AB" zoning. Mr. Mobley stated that his client would be agreeable to "AB" zoning. Motion by McDaniel, seconded by Sizemore and passed that the hearing be closed. Minutes Special Council Meeting February 22, 1966 Page 5 Motion by Wallace, seconded by Dunne that the "B-1" Neighborhood Business District be denied but that "AB" Professional Office District be approved on the front 160 Feet as a buffer between the existing business zoning to the north and the existing residential zoning to the south, as recommended by the Staff, and that a solid wood fence be erected along the dividing line. Commissioner McDaniel pointed out that the back part of the property could not be used unless the entire property was zoned "AB". Commissioner Wallace stated he would be in agreement to his motion being amended, and Commissioner McDeniel amended the foregoing motion to include "AB" zoning on all of the subject property, and that a solid wood fence be erected between the church property and residential property Mayor Furman oA.11ed for a vote on the foregoing amended motion, and declared the motion for change of zoning from "R -1B" One -family Dwelling District to "AB" Professional Office District on Lot 1, Wilson Terrace Annex with a solid wood fence being erected between the church property and residential property, had passed with Furman, Blackmon, Dunne, McDPnie1, Sizemore and Wallace, present and voting "Aye." Mayor Furman announced the public hearing on Application 166-10, The Humble Oil & Refining Company, for change of zoning from "B-1" Neighborhood Busi- ness District to "B-4" General Business District on Lot 7, Shipp Tract. Larry Wenger, Senior City Planner, located the property on the map; pointed out the zoning and land use of the area; explained that at the Commission hearing held January 18, 1966, Mr. Glenn L. Killough, representing The Humble Oil & Refining Company, spoke in support of the application and stated that the "B-4" zoning would permit a larger sign; that no one appeared in opposition; that twenty- nine letters were sent out, and no returns were received in favor or in opposition; that one letter was received in favor after the Commission hearing; and stated that the recommendations of the Zoning and Planning Commission was that it be approved subject to the execution of a deed restrictive covenant prohibiting all construc- tion on the most westerly triangular portion (formerly Lot 26, Block 2, Vancura Addition) with the exception of a fence along the South line of said portion, which is to be left to the discretion of the property owner, and further subject to the erection of a 6 -foot solid fence along those portions of the South line and West line Minutes Special Council Meeting February 22, 19b6 Page 6 of the remain8rr of this lot (formerly Lot "H", 4hipp Tract) which are adjacent to other private properties. In answer to questions from the Council, Mr. Wenger stated that this was the second request on the subject property, and that the first time it was zoned "B-1". Mr. Glenn Ki]lough, representing applicant, appeared in favor of the appli- cation, and asked that the deed restrictions, as recommended by the Commission, be removed; that applicant did not intend to build on this triangular portion; and that applicant would comply with all other conditions as set forth by the Commission. No one appeared in opposition to this application. Motion by Sizemore, seconded by Dunne and passed that the hearing be closed. Commissioner Sizemore made a motion that the request for rhange of zoning be granted subject to the proposed zoning ordinance text pertaining to signs. There being no second to this motion, the motion died. Motion by Wallace, seconded by Blackmon and passed, with Sizemore voting "Nay", that the application be tabled for further study and consideration. Commissioner Sizemore stated that a number of residents on Louis Lynch Drive had inquired about the possibility of an access road off of Interstate High- way #37 to this area. Commissioner Sizemore further stated that Louis Lynch Drive was a dead end street and that the residents did not have any way of getting in and out of this street without having to go out of their way, and asked that a study be made. City Manager Whitney advised that the Staff would review this area and that a report would be available Monday night at Workshop. Mayor Furman announced the public hearing on Application #166-11, Rimey Johnson, for change of zoning from "F -R" Farm -Rural District to 13-4" General Business District, on a 37 -acre tract, more or leas, out of Lots 15 and 16, Section 31, and Lots 5, 6, 7 and 8, Section 32, Flour Bluff and Encinal Farm and Garden Tracts, bounded on the West and Southwest by the Tex-Mex Railroad, on the North by Peary Place and on the East by the Cayo del Oso. Larry Wenger, Senior City Planner, located the property on the map; pointed out the zoning and land use of the area; explained that at the Commission hearing Minutes Special Council Meeting February 22, 1966 Page 7 held January 18, 1966, the applicant appeared in favor of the application and two persons appeared in opposition, and that one of the persona appearing in opposition represented one other person in opposition; that five lettere were sent out, and one return was received in favor and one return was received in opposition; and stated that the recommendation of the Zoning and Planning Commission was that it be denied. No one appeared in support of this application. Mr. Lawrence Young, of John L. Tompkins 6 Company, and representing Mr. Jeff Carr of Carrl Oil, presented a communication from Mr. Carr opposing the re- quested change of zoning at the present time. Mr. Young stated that his company was developing Peary Place Subdivision and that this change of zoning would affect the development; that the change of zoning was premature; and urged the Council to concur with the recommendation of the Zoning and Planning Commission and deny the application. Motion by Sizemore, seconded by Dunne and passed that the hearing be closed. Motion by Blackmon, seconded by Wallace and passed that the recommendation of the Zoning and Planning Commission be concurred in, and that the request for change of zoning be denied. Mayor Furman announced the public hearing on Application #166-12, The Corpus Christi Civitan Club, for change of zoning from "R -1B" One -family Dwelling District to "AB" Professional Office District, on Lots 8 and 9, Block 8, Lexington Center, save and except those portions taken for Lexington Boulevard Right -of -Way. Larry Wenger, Senior City Planner, located the property on the map; pointed out the zoning and land use of the area; explained that at the Commission hearing held January 18, 1966, Mr. Bill Read, representing the applicant, appeared in sup- port of the application; that three other members of the Civitan Club appeared in support of the application, and no one appeared in opposition; that eight letters were sent out, and one return was received in favor and none received in opposition; and stated that the recommendation of the Zoning and Planning Commission was that it be denied; but in lieu thereof a Special Permit be approved for the operation of a Boy Scout Hut, subject to the site plan as submitted. Minutes Special Council Meeting February 22, 1966 Page 8 Mr. Wenger presented the site plan 'to the Council and also pictures of the property. Four members of the Civitan Club were present in support of the application and no one appeared in opposition. Motion by Wallace, seconded by Sizemore and passed that the hearing be closed. Motion by Wallace, seconded by Sizemore and passed, with Blackmon disqualify- ing himself, that the recommendation of the Zoning and Planning Commission be con- curred in, and that the application for change of zoning be denied, but in lieu thereof a Special Permit be approved for the operation of a Boy Scout Hut, subject to the site plan as submitted. There being no further business to come before the Council, the Special Meeting was adjourned.