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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 • 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. • 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. Special Council Meeting 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.