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,
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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.
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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
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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.