HomeMy WebLinkAboutMinutes City Council - 12/18/1961 - SpecialPRESENT:
Mayor Ben F. McDonald
Commissioners;
Tom R. Swantner
*Jr, Janes L. Barnard
J. R. de Leon
M. P. Maldonado
W. J. Roberts
Jim Young
SPECIAL COUNCIL MEETING
December 1S, 1961
700 P.M.
City Manager Herber*.. W. Whitney
City Attorney 1. K. Singer
City Secretary T. Ray Kring
Mayor Bet. T McDonald called the special meeting to order and announced
the purpose of the special meeting was to hold public hearings on zoning appliica-
tions which had been recessed from the regular meeting of December 13, 1961.
City Secretary T. Ray Kring called the roll of those in attendance.
Commissioners Maldonado and RoSerts each arrived during the meeting.
Mayor McDonald announced the public hearing on the application of
D. E. Wicker, jr., and others for a change of zoning from "8-4" General Business
District to "1.-2" Light Industrial District: on all of Blocks 411 and 414, of Brook-
lyn Addition, being that property North of Bryan Street between Timon Boulevard and
Highway 181.
Ed Shaw, Zoning Coordinator, presented the background information of the
application as presented to the Zoning & Planning Commission; located the property
on the use map and on a special aerial map of the area and pointed oct the uses of
the surrounding area; read the list of uses permitted in the "I-2" classification;
and read the recommendation of the Zoning Commission that the application be approv-
ed subject to the Health Department's approval for satisfactory disposition of the
oyster shells,
D. W. Grant, owner of Lots 1 & 3, Block 389, in the iarediate vicinity
and other beach property, was very much in favor of any business or improvements
on the beach.
Commissioner Roberts arrived at the meeting.
Milton Walton, attorney for the applicant, located the surrounding uses
on the aerial map; explained that his client row desires to re -open the Lone Star
Fish and Oyster Company operation in the building which has not been used since
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Special Meeting
December 18, 1961
Page #2
the law suit with the City which resulted in the closing of the operation; pointed
out the desirability of the location for such operation on the basis of its proximity
to the railroad, the barge channel, and the highway connections; presented a number
of snapshots forming a panoramic view of the area showing Mr. Wicker'sbuilding, an
adjacent welding shop, a tavern, the Bartlett plant of the co -applicant, and the
Heldenfels shell dock operation; pointed out that these conditions do not make the
area suitable for tourist motels or recreational areas; and called the Council's
attention to a letter from Harry Porter, owner of the LaHala House, favoring the
application as an added tourist attraction in connection with his seafood restaurant
operation; and further pointed out that Dave Coover, attorney for Mrs. Gladys Givens,
owner of Heldenfels shell operation property, does not object to the application,
and that Jack Davis, president of Corpus Christi Beach Association, has advised him
that he no longer objects to the application.
Commissioner Maldonado arrived at the meeting during Mr. Walton's presen-
tation.
Dewitt Walters, manager of the Lone Star Fish & Oyster Company, urged
the re -zoning on the basis that the hurricane "Carla" had destroyed their plant
at Seadrift where they had located after leaving Corpus Christi Beach; that their
employees are local people who desire to return to Corpus Christi; that they need to
be near the water and other existing facilities in this area to best serve the fisher-
men and be near the source of supply of oysters; that the plant provides year-round
employment for approximately 100 persons with an annual payroll of approximately a
quarter of a million dollars; that the objection of the smell can be eliminated by
the use of lime or chemicals thrown over the shells to kill the organic matter left
after shucking, and the shell can also be deposited as fill for the low-lying adjacent
areas; and further that the Company is willing to do whatever the Health Department
requests in the matter of disposal or treatment of the shells.
Mr. E. G. Horne, Guaranty Title Co., appeared in behalf of the applica-
tion on the basis of the value to the area as a whole.
Ray Grandy, resident, spoke in favor of the application on the basis that
it will bring people to the beach.
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Special Council Meeting
December 18, 1961
Page #3
Elmer Theis, attorney representing Mr. Bartlett, co -applicant, spoke in
support of all that had been presented so far to the Council, and urged the grant-
ing of the re -zoning on that basis that past, present and economic tendency for this
property is industrial and not suitable for residential tourists, but the proposed
operation is a tourist attraction.
Mrs. Virginia Ridgeway, member of the Industrial Committee, spoke in favor
of the application, and stated that she had recently been approached by a group of
men interested in establishing a plant adjacent to this operation to grind oyster
shells if this property is re -zoned.
Mrs. Vera Cunningham, president of Corpus Christi Beach Women's Club, ac-
companied by 4 women who own and operate motels on the Beach, read and presented a
letter in opposition to the change in zoning to permit the oyster shucking operatioi.
William H. Bloch, attorney, expressed his views in support of the appli-
cation and remarks others had made in favor of the application; added that although
the area has been used ever since the Carancahua Indians for the fishing business,
there is nowhere in Corpus Christi where shrimpers can legally unload their catch;
and presented a petition of 115 signatures of citizens of the City favoring the change
on the basis that the intended use of the property will benefit the City as a whole
and the Beach area in partic»1Ar.
Howard Ayers, Chairman of the Zoning & Planning Commission, stated that
the Commission's intent had been to recommend approval of the re -zoning and to
place the matter of the oyster shells under the supervision of the Health Department.
Mayor McDonald declared the hearing closed.
Motion by Barnard, seconded by Swantner and passed that an ordinance be
brought forward for this Wednesday's regular meeting concurring in the recommenda-
tion of the Zoning & Planning Commission that the application be approved subject
to the Health Department's approval for satisfactory disposition of the oyster shells,
and that simultaneously a report be received from the Health Department as to what
sanitary measures they would require for this operation if the zoning were granted,
and that this motion shall not be considered to in any way prejudice the action of
the Council in the matter of the re -zoning request.
Special Council Meeting
December 18, 1961
Page #$
Mayor McDonald announced the public hearing on the application of
Guaranty Title Company for a change in zoning from "B-1" Neighborhood Business
District to "B-4" General. Business District on all of Block "B", save and except
Lot 1 of said Block "B" in Pope Place Unit T, being that property located on the
Southeast corner of Weber Road, and South Staples Street.
Ed Shaw located the property on the. map, explained the proposed use of
the property by Gillespie Buick for an auto sales establishment; stated that there
is ample parking area provided; read the list of permitted used in the "B-4" classi-
fication; and read the recommendation of the Zoning & Planning Commission that the
application be approved subject to the following: (1) The washrack shown on the
sketch presented with the application being relocated and attached to or located
within the main building; (2) Directional lighting being directed downward and
away from the residential area, but shall not preclude decorative flood lights ade-
quately shielded from the residential area; and. (3) the filing of a. proper plat.
Wayne Lundquist, representing Gillespie Buick, explained the plans for
an attractive building that would be an asset to the area, and urged the re -zoning
on the basis that the proposed development would be much more desirable in the area
than some of the uses permitted under its present zoning.
Joseph Hans, architect, presented a plat of the area intended for use
by Gillespie Buick, and a preliminary plat on the balance of the block, and sup-
ported Mr. Lundquist's remarks.
The following property owners and residents in the neighborhood spoke
in opposition to the re -zoning on the basis of devaluation of their property; in-
crease in already critical traffic circulation from Pope Place Subdivision to the
schools and to South Staples Street; other "B-4" areas that could be used for this
operation; property could subsequently be sold and undesirable uses permitted in
the "B-." classification could be established; and that it is now zoned for neigh-
borhood type business and the majority of the neighbors prefer to leave it that
way: John Kasper, 1058 Catalina ,Place; Mrs. John Kasper; W. H. Devine, 1066
Wilshire Place; Monroe Horn, 1058 Wilshire Place; James Kirkland, 1062 Wilshire
Place; H. E. Roark, 1053 Catalina.; Al Candela, 1050 Catalina; 0. B. Chilton,
10+9 Catalina; Mrs. Divine, 1066 Wilshire Place; J. H. Ka.gler, 10.3 Wilshire Place;
Mrs. C. T. LeBlanc, 1046 Wilshire Place; Judson Marsters, 1050 Wilshire Place.
Special Council Meeting
December 18, 1961
Page #5
Wayne Lundquist spoke in rebuttal on the basis that the car business
would not increase the traffic more than a few cars for customers and a few for
employees, as opposed to hundreds of cars a day for a grocery store; that there.
would not be the attraction for flies, rats or trash, or the nuisance of garbage
collections; and that they do not have plans for a used car lot,
In answer to CommissionerBarnard, Mr. Singer, • City Attorney, stated that
cars are merely parked in a used car lot and therefore cannot be required to be
under cover.
Motion by Swantner, seconded by Young and passed that the hearing be
closed.
Motion by de Leon, seconded by Swantner and passed, with Commissioners
Maldonado, Roberts and Young; voting "Nay", that the application of Guaranty Title
Company for a change of zoning from "B-1" to "B-4" on all of Block "B", save and
except Lot 1 of said Block "B" in Pope Place Unit 1, be denied as not being in
keeping with the character of the immediate area.
Mr. Kasper again brought up the matter of the traffic situation from the
Pope Place Subdivision to South Staples Street by way of Catalina Place, and the
matter was referred -to the City Manager for study by the Traffic Engineering
Department.
Mayor McDonald advised the applicants in the foregoing application that
there was nothing to prevent them from re -applying for this change of zoning, and
expressed the hope that they would consult with the opposing residents in the
neighborhood to attempt to work out a re -design and details that would be accept-
able to them and satisfactory to the applicants.
Mayor McDonald announced the public hearing on the application of W.S.
Marshall for a change of zoning from ''R -1B" One -family Dwelling District to "1-2"
Light Industrial District on property described as being a 45.59 acre tract out
of Lot 7, Section 4, Bohemian Colony Lands and lying 1,074.28' East of the center
line of Greenwood Drive and Lexington Boulevard, extending an additional 1,576.26'
along the Lexington Boulevard to the most Southerly corner of Lot 7, Section 4 of
the Bohemian Colony Lands, more fully described by metes and bounds in the Public
Hearing file of the Zoning & Planning Office.
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December 18, 1961
Page #6
Ed. Shaw located the property on the map and pointed out the extent of
the application and the surrounding uses of the area; presented a subdivision pro-
posed site plan showing 15 acres they will actually be using for the R. C. Cola
Bottling Plant, and the balance for sale to other property owners; and stated that
the Zoning & Planning Commission recommended that it be approved subject to the
following: (1) The 1.30' in depth along the property frontage, which the Highway
Department is acquiring for the widening of Lexington Boulevard, remain "R -1B" and
the remainder of the area be zoned "I-2"; (2) a proper plat; and (3) Satisfactory
park settlement.
Joseph Hans, architect, representing the applicant, presented a plat of
the property showing the first 8 lots plated for use of the bottling plant and the
130' strip reserved as residential property which will be taken and paid for as such
by the Highway Department for right of way for the widening of Lexington Boulevard;
and submitted a preliminary plat on the balance of the property for which final
plats will be submitted as need for the area is established. He explained that
this manner of platting was necessary since the City and. the Independent School
District do not yet know the needs for access roads to possible future development
for schools or for future utility needs. He further stated that they were request-
ing, in writing, a. cash settlement rather than land dedication to satisfy the park
requirements.
Mr. Marshall was present in support of the application.
Elbert Cox, Carl Skelton, and John Thomason, realtors, all were present
in support of the application.
No one appeared in opposition to the application.
Motion by Barnard, seconded by Swantner and passed that the hearing be
closed.
Motion by Barnard, seconded by Young and passed that the recommendation
of the Zoning & Planning Commission be concurred in and that the application for
a change of zoning from "R -1B" to "I-2" on 1.5.59 -acres out of Lot 7, Section 4,
Bohemian Colony Lands lying 1,074.26' East of the center line of Greenwood Drive
and Lexington Boulevard, extending an additional 1,576.26' along Lexington Boule-
vard to the most Southerly corner of Lot 7, Section 4 of the Bohemian Colony Lands,
Special Council Meeting
December 18, 1961
Page #7
be approved subject to compliance with the requirements that 130' in depth along
the property frontage, which the Highway Department is acquiring for the widening
of Lexington Boulevard, remain "R -1B", that a proper plat be Filed, and a satis-
factory park settlement be made.
Commissioner Swantner requested that it be recorded that he had voted
for the change in zoning, but that he objected to the requirement of a.park settle-
ment.
The Council requested that the applicant confer with the City Attorney
to work out the details of the re -zoning so that an ordinance reflecting the fore -
:going action of the Council can be brought forward at this Wednesday's regular
meeting.
Mayor McDonald ordered received and noted a letter which he read to the
Council from Mrs. William S. Liles, 1022 Carmel Parkway, protesting the trend in
Baling with zoning variances and exceptions which she feels is not in the public
interest, and in particular with reference to the Carmel Shopping Center re -zon-
ing and permission to lower the height of the protective wa]J, (See Council Exhibit
1117 in File.)
There being no further business to come before the Council, the special
meeting was adjourned.