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HomeMy WebLinkAboutMinutes City Council - 01/25/1962 - SpecialSPECIAL COUNCIL MEETING January 25, 1962 700 P.M. PRESENT Mayor Ben F. McDonald Commissioners: Tem R. Swantner City Manager Herbert W. Whitney Dr. James L. Barnard City Attorney I. M. Singer J. R. de Leon City Secretary T. Ray Kring M. P. Maldonado W. J. Roberts Jim Young Mayor Ben F. McDonald called the meeting to order. City Secretary T. Ray Kring called the roll of those in attendance. Mayor McDonald announced the purpose of the special meeting was for a Joint public hearing with the Zoning & Planning Commission on proposedamendments to the Text of the Zoning Ordinance„ and read the proposed amendments. Milton Walton, attorney,, representing the Lone Star Fish & Oyster Company, spoke in favor of both amendments, but suggested that a sentence be added clarifying the amendment to the effect that once such use is granted, it be considered a per- manent and lawful use. After considerable discussion, it was concluded that the Ordinance now so provides as a permanent and lawful use. Bob Vaclavek, 4818 Rostoryz, favored the amendments. The owner of the lot next to Mr. Vaclavek favored the amendments. J. T. Bird, 4813 Kostoryz, favored the amendments. Mayor McDonald read a letter received from W. D. Miles, president of The Shoreline Corporation, stating the position of the officers and stockholders of the as Corporation) having no objection to the operation of the oyster shucking plant in the 4100 block of Timon Boulevard providing that positive assurances are obtained that conditions will not be permitted on the premises which will give rise to the objectionable odors that have existed in the past. The foregoing was entered in the record as not being in opposition to the proposed amendments, but as a matter of information. No one else present desiring to speak either for or againatthe proposed amendments, Mayor McDonald declared the hearing closed. Mayor McDonald declared a recess in order to await the recommendations of the Zoning & Planning Commission. The meeting was reconvened after a recess, and Mayor McDonald read the • Special Council Meeting January 25, 1962 Page #2 recommendation of the Zoning & Planning Commission that Article 25-4 of the Zoning Ordinance be changed by adding a new sub -section (11) as follows "(11) In any "B-4" District and witkin 600 feet of low mean tide at time of application, processing, preparation, packing for sale or shipment, sale, storage and/or shipment of fish, oysters, shrimp, crabs and other marine life products and/or processing, packaging, sale or shipment of by-products of any of the foregoing operations," Motion by Barnard, seconded by Maldonado and passed that the recommendation of the Zoning 6 Planning Commission be concurred in, and that Article 25-4 be amended by adding a new sub -section (11) as proposed and amended by "the'foning 6 Planning Commission, to read as followso "(11) In any "B-4" District and within 600 feet of low mean tide, pro- cessing, preparation, packing for sale or shipment, sale, storage and/or shipment of fish, oysters, shrimp, crabs and other marine life products and/or processing, packaging, sale or shipment of by-products of any of the foregoing operations." Commissioner Barnard departed from the meeting. Mayor McDonald read the recommendation of the Zoning 6 Planning Commission that Article 25-4 be amended, by adding new sub -section (12) as follows: "(12) Where the Commission is considering a change in zoning from an existing zoning classification to a broader classification, where it is shown to tiie'Commission at the hearing on the application for change in zoning that the applicant has preliminary plans in sufficient detail as to show in full the pro- posed use of the buildings,atructures and premises and the provision for suffi- cient off-street parkin& facilities, screening walls or fences, and laiidscaping, together with sufficient open space as to create a proposed transition between a lesser and more restricted district and the Commission, from the evidence Offered at such hearing and a review and study of such plans and itate,aents made at -the hearing finds that the proposed use and the effect upon surrounding pro- perty will not adversely affect the public health, safety, morals and general welfare, and further finds that ample off-street parking facilities and such safeguards as are required by the Commission have been agreed to be provided by Special Council Meeting January 25, 1962 Page #3 the applicant for the protection of surrounding property, persons and neighborhood values, may, within its discretion by a majority vote of the Commission, make any one of the following recommendations to the City Councils a. Recommend against the change in zoning. b. Recommend a change in zoning. c. Recommend that a special permit for such area be granted; provided there be included within such recommendation a complete atatement of all the requirements determined to be necessary to be provided for kbe'protection of surrounding property, persons, and neighborhood values together with the recommendations of the Commission as to the requirements for the paving of streets, alleys, sidewalks, driveways, parking lots, means of ingress and egress to the public street, provisions for drainage, park- ing space and street layouts, and protective screening and open space. A recommendation by the Commission for a special permit shalt'be'considered as a recommendation against the change in zoning but every special permit granted by the Council after public hearing as provided for zoning changes, shall be considered as an amendment to the zoning ordinance`ae applicable to such property if adopted by the Council by majority of all of'its'members. In granting such permit the City Council may grant same for such'Iimited period of time as the Council may decide and may impose conditions which shall be complied with by the grantee before certificate of occupancy may be issued by the Building Inspector for the use of the buildings and'improve- ments on such property pursuant to said special permit; and suchi conditions shall not be construed as conditions precedent to the granting a special permit or the change in zoning of such property but shall be construed as conditions precedent to the granting of a certificate of occupancy. Any such special permit shall be deemed to have expired within one al year of the date of the granting of the same provided that unless actualiy'in use under said permit additional time may be granted on motion by the Council or provided in the permit at the time of the granting of the same. Whenever the use for which the permit is granted is for any reason terminated the permit shall be deemed to have expired." Special Council Meeting January 25, 1962 Page #4 Motion by Young, seconded by Maldonado and passed, with Commissioner de Leon voting "May", that the recommendation of the Zoning & Planning Commission be con- curred in and that Article 25-4 be amended by adding the foregoing new aubkaection (12). During a lengthy discussion, it was agreed that the Lone Star Fish & Oyster Company should be given a Temporary Permit to operate at the location on Corpus Christi Beach requested in their zoning application, and that meantime they should apply for a Special Council Permit. Mayor Pro Tem Swantner pointed out that the application for "I-2" Light 'In- dustrial Zoning for the property in question was still pending which would permit the oyster shucking operation on said property if the Council should decide on this course of action. There being no further business to come before the Council, the special meet- ing was adjourned.