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HomeMy WebLinkAboutMinutes City Council - 07/06/1961 - Special• PRESENT: Mayor Ben F. McDonald Commissioners: Tom R. Swantner Dr. James L. Barnard J. R. de Leon Jim Young SPECIAL COUNCIL MEETING July 6, 1961 10:00 A.M. City Manager Herbert W. Whitney Asst City Att'y Wayland Pilcher City Secretary T. Ray Kring Mayor Ben F. McDonald called the meeting to order. City Secretary T. Ray Kring called the roll of those in attendance. The Invocation was given by Commissioner Barnard. Mayor McDonald announced the Council would hold public hearings on four zoning applications for changes in zoning. Mayor McDonald announced the public hearing on the 'application of Frank Braslau and Morris Breslau for a change of zoning from "A-2" Apartment House Dis- trict to "B -l" Neighborhood Business District on a semi -triangular tract of land located at Highway 9 (Leopard Street) and Mueller Street known as Tract 1 of "B" Oliver Tract, fronting 338.86 feet on Highway 9 and fronting 275.70 feet on Mueller Street, extending 60.51 feet from Highway 9 to Leopard Street on the East and ex- tending 265.54 feet from Highway 9 to Mueller Street on the West side of this tract. Wm. Anderson, Director of Zoning & P Anning, located the property on the map, and pointed out the existing uses of the surrounding area. He explained that applicants have a lessee for the property for a filling station on Highway 9, and that the request for business zoning for the entire tract was justified in view of the motel and businesses in the immediate area. He stated that the recommendation of the Zoning & Planning Commission was that the application be granted as a logi- cal extension to the surrounding business uses in this area. David Mendlowitz, Credit Director for Braslau Furniture Co. and one of their attorneys, felt that due to the traffic on this thoroughfare it was not suitable for anything except business, and that the utilization of this land for business would result in more tax revenue for the City. He stated that the money was in escrow, pending the granting of the zoning, for a $30,000 sale of a portion of the property to Manchester Petroleum Marketing Co. of Houston for a filling station; that a replat of the area was now in the hands of the Zoning & Planning Commission for approval; read a portion of a letter addressed to Mr. John Thomason, 6 Special Council Meeting July 6, 1961 Page 2 realtor, from Signal Oil Co. to the effect that they were ready to begin immediate construction if the rezoning is granted; and requested prompt action by the Council as they have only one more month in which to complete the transaction. Commissioner Barnard asked if Oak Park School had been heard from on this matter. Mr. Anderson replied that there had been three written returns in answer to the notice of hearing before the Zoning & Planning Commission, none opposed, and that Oak Park School had not protested the zoning. Mayor McDonald declared the hearing closed on the foregoing application. Motion by de Leon, seconded by Barnard and passed that the recommendation of the Zoning & Planning Commission be concurred in, and that the zoning of the semi - triangular tract of land located at Highway 9 (Leopard Street) and Mueller Street known as Tract 1 of "B" Oliver Tract, be changed from "A-2" Apartment House District to "B-1" Neighborhood Business District, as applied for. Mayor McDonald announced the public hearing on the application of Simon Grossman and Abe Block for a change of zoning from "R -1B" One -Family Dwelling Dis- trict to "B-1" Neighborhood. Business District on Lots 1 through 7 inclusive, Block 1, Carmel Village. Mr. Anderson located the property on the map as being across from the Park - dale Development, on South Staples at its intersection with Carrel Parkway, and ex- plained that the application was to extend the depth of the business zoning granted by a previous Council, in order to comply with the parking requirements due to a re- design of the depth of the building to give adequate use of the wedge shape of the property. He reviewed the background of the previous rezoning and final plat approval and the conditions under which it was approved, and the applicants' agree- ment as to fencing, building setback, not to face residential property, the location of a free-standing sign, and the simultaneous development of the back of the property for one -family residence. Mr. Anderson presented two sketches prepared by the Plan- ning Staff after study of the property as to development in view of the redesign con- templated by the applicants. Mr. Anderson explained that the Zoning & Planning Com- mission's recommendation to the Council for disapproval was due to the fact that the set jML ev nam -e requires action within 45 days or it is automatically approved and the Commission felt that more complete plans for the development of the entire property should be submitted by the applicants; that this additional business zoning application was a further encroachment on the residential property along Carmel Park- Special Council Meeting July 6, 1961 Page 3 way; and further that in previous actions of the Council, the applicants had agreed to develop single family residences on the back portion of the property simultaneously with the development of the Shopping Center, which is not contemplated in the nev plan for development. Mr. Jack Blackmon, attorney representing the applicants, presented the new plan for the shopping area (See Council EXhibit #12 in File) which indicates approxi- mately 108 feet of additional area for the Shopping Center, a service drive at the rear of the building area, a brick wall on the Carmel Parkway side of the property for the length of the shopping area, 30 feet from the curb line, and a building area of approximately 59,704 sq.ft. instead of the 50,000 sq.ft. previously approved by final plat. He explained that the back part of the property, a portion of which was offered to the City as a Library site but not accepted, presents a problem, but that the owners are willing to do whatever is most feasible and logical in the develppaent of it, and suggested that in view of this, the zoning change be confined only to the blocks involved in the Shopping Center. In the discussion which followed, Mr. Grossman requested that he be allowed to develop the Shopping Center first, and then he would obtain the financial backing to develop the back of the property. Mayor Pro Tem Swantner pointed out that this being a platted subdivision, it would have to be platted, approved and completed as a whole, and that it was the responsibility of both the City Council and the developer to insure protection of residential property owners. Commissioner Barnard suggested that the new plan Just submitted be tentatively approved with simultaneous platting and developing of the back part of the property as to streets, sidewalks, curbs and utilities for the residential portion of the subdivision, with the provision that the City Council retain the right to approve the final plat. It was agreed that a new plat of the entire subdivision would have to be submitted; that the applicants would pave Carmel. Parkway for the entire length of the properties to give proper circulation of traffic with the service alley immediate- ly behind the Shopping Center building area; and that the simultaneous development of the one -family dwelling portion of the properties would be given a time limit of one year beyond the time limit for the Shopping Center portion; and that in addition to the brick wall along Carmel Parkway, that a buffer to be approved by the Council will be provided between the Shopping Center and the residences, particularly in the event the residences face the building area of the Shopping Center. • Special Council Meeting July 6, 1961 Page 4 R. C. Willshusen, 954 Carmel Parkway, opposed the application on the basis that his concern was that the entire block might ultimately be zoned for business. City Secretary T. Ray Kring reported the opposition of Mr. & Mrs. Cecil Medlin, 966 Carmel Parkway, received by telephone, on the basis of its being an en- croachment and that another shopping center is not needed in this area. Mayor McDonald declared the hearing on the foregoing application closed. Motion by Swantner, seconded by de Leon and passed, that the change of zoning from "R -1B" One -Family Dwelling District to "B-1" Business District on Lots 1 through 7, inclusive, Block 1, Carmel Village, be granted., subject to the submission to the Zoning & Planning Commission for their action of a replat of Carmel Village Subdivi- sion according to the plan presented at this hearing and marked Council Exhibit #12, with the City Council retaining the right to approve or require any additional fences, landscaping or buffer zone development which may be necessary to protect the home- owners in the area. Mayor McDonald announced the public hearing on the application of Jay M. Cazalas for a change of zoning from "R -1B" One -Family Dwelling District to "AB" Pro- fessional Office District on Lots 61 through 64, Block 1405, Merchants Addition No.6, being located on the Northeast corner of Naples and 17th Street. Mr. Anderson located the property on the map and explained that the Zoning & Planning Commission's recommendation for denial was based on the fact that it would be a serious encroachment of a land use not compatible with the adjacent residential area, and based on the strong written and expressed opposition to the application from adjoining property owners. He explained that the applicant desired to operate a child nursery at this location and for such would require an "AB" zoning designa- tion. A. H. Hurst, 2025 Seventeenth St., objected to the application on the basis of it being the corner lot of a strictly residential street, that is is the only property on the street without curbing, that the property is generally unkempt, and often being used by various tenants in violation of City Codes, and that if the Council sees fit to grant the zoning, he was sure that rules and regulations govern- ing a nursery could not be complied with, and stated that he was very much opposed to any rezoning of this property. Mrs. A. H. Hurst, also voiced her objection, and stated that the property is not at all suitable for a nursery due to its siding on a street which carries a t • Special Council Meeting July 6, 1961 Page 5 great deal of traffic off of Staples, and due to the fact that there is insufficient play area. Mayor McDonald declared the hearing closed. Motion by Svantner, seconded by de Leon and passed that the recommendation of the Zoning & Planning Commission be concurred in by the Council and the change of zoning on Lots 61 through 64, Block 1405, Merchants Addition No. 6, be denied. Mrs. Hurst asked the Council if there vas a time limit that could be imposed as to how soon after denial of an application a new application could be made foo the same property, since she complained they have had to appear many times in opposition to rezoning of this same property. Mayor McDonald explained that he did not think this would be wise, since neighborhoods change so rapidly. Mayor McDonald announced the public hearing on the application of Noe C. Garza for a change of zoning from "R-2" Two -Family Dwelling District to "AB" Pro- fessional Office District on Lot 5, Block 9, Bayview Addition #2, being that property at 1217 Brownlee. Mr. Anderson located the property on the map and explained that the appli- cant desired to convert as existing building into offices for professional use; that two years ago, business zoning had been requested for the rest of the block and the next block, and that the Zoning & Planning Commission now felt that all of this area should be zoned uniformly and were very favorably inclined toward the requested "AB" zoning for both applications, but that the City Attorney had ruled that since the new "AB" district had been created since the submission of the previous application, a new public hearing would have to be held. He explained that since Mr. Garza had loan commitments which would run out in another month, there had not been time to submit the application on the larger area, and that the granting Of this application would solve Mr. Garza's immediate problem. He explained further that the Coaeission has now held the hearing on the rest of the area and are favorably inclined toward the granting of "AB" for the whole area. He also explained that the Commission recommended that due to the heavy traffic on this narrow portion of Brownlee that the parking on these lots be restricted to the rear of the building, with the alley being used primarily for egress, that Mr. Garza was agreeable to this restriction as are the others in the neighborhood. Special Council Meeting July 6, 1961 Page 6 Mr. Garza appeared in his own behalf, stated that the loan is already committed subject to the rezoning, that remodeling will start within 10 days, and that he is willing to have the zoning granted conditioned on the rear parking. A. H. Hurst stated that his firm is making the loan and that it has been approved as stated by Mr. Garza. No one appeared in opposition to the application. Mayor McDonald declared the hearing closed. Motion by de Leon, seconded by Swantner and passed that the recommendation of the Zoning & Planning Commission be con- curred in, and that the zoning on Lot 5, Block 9, Bayview Addition #2, be changed from "R-2" Two -Family Dww»ing District to "AB" Professional Office District, as applied for, subject to parking being provided in the rear of the building with the. alley be- ing used only for egress and ingress oil of Brownlee. Motion by de Leon, seconded by Barnard and passed that the absence of Commissioners Roberts and Maldonado be excused for cause. Mayor McDonald read a letter dated July 6, 1961, signed by Robert E. Schneider, Acting Chairman of the Aviation :Advisory Board, to the effect that a special meeting of the Board had been held to consider a proposal by the Federal Aviation Agency to locate a receiver and transmitter station for ground approach con- trol and other terminal voice frequencies on the International Airport property; that the proposal had been studied by the City Staff and recommended to the Board for consideration and approval; that it was the unanimous opinion of the four members of the Board present that this facility was definitely needed; and that a resolution had been passed recommending that the City Council approve the installation as recom- mended by the City Staff. ORDINANCE N0. 6197 AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, A LICENSE TO THE FEDERAL AVIATION AGENCY FOR THE USE OF 5.41 ACRES ALONG THE SOUTHWEST 'BOUNDARY LINE OF CORPUS CHRISTI MUNICIPAL AIRPORT, MORE PARTICU- LARLY DESCRIBED IN THE LICENSE AGREEMENT, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF; AND DECLARING AN EMERGENCY. The Charter rule was suspended by the following vote: All Council mem- bers present and voting "Aye", with the exception of Commissioners Roberts and Maldonado, both absent. The foregoing ordinance was passed by the following vote: All Council mem- bers present and voting "Aye", with the exception of Commissioners Roberts and Maldonado, both absent. Special Council Meeting July 6, 1961 Page 7 City Manager Whitney recommended that the request of The McCann Flying Service at Robstown for permission to fly at a low altitude for crop dusting a 100 - acre tract near the intersection of Lexington and Old Robstown Road within the City Limits, be granted on the basis that the surrounding area is not built up and the operation will take only a few hours. Motion by Swantner, seconded by de Leon and passlkd that the foregoing recommendation be approved and permission be granted, subject to determination by the Legal Department that there would be no liability to the City, no harm or danger to property, and that proper precautions are observed. There being no further business to come before the Council, the special meeting was adjourned.