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HomeMy WebLinkAboutMinutes City Council - 01/30/1962 - SpecialPRESENT: Mayor Ben F. McDonald Mayor Pro Tem Tom R. Swantner Commissioners: Dr. James L. Barnard J. R. de Leon M. P. Maldonado W. J. Roberts Jim Young SPECIAL COUNCIL MEETING January 30, 1962 7:00 P.M. City Manager Herbert W. Whitney Ass't City Att'y Wayland Pilcher City Secretary T. Ray Kring • Mayor Pro Tem Tom R. Swantner called the meeting to order, since Mayor Ben F. McDonald expected to be late. City Secretary T. Ray Kring called the roll of those in attendance. Motion by de Leon, seconded by Barnard, and passed with Mayor McDonald absent and Mayor Pro Tem Swantner abstaining, that the minutes of the regular meet- ing of January 24, 1962, and of the special meeting of January 25, 1962, be approved as furnished to the Council. Mayor Pro Tem Swantner abstained due to his not having read the minutes. Mayor Pro Tem Swantner announced the purpose of the special meeting was to hold public hearings on a proposed street closing and on several zoning matters. Mayor Pro Tem Swantner announced the public hearing on the application of H. T. Waters for the closing of all that portion of Baymoor Boulevard from the North line of Ebony Street to the North end of Baymoor Boulevard and lying between Lots 218 and 219, Baymoor Addition. Mayor McDonald arrived at the meeting and assumed the Chair. City Manager Whitney located the property on the map; presented a view of the street showing that no houses face on the street proposed to be closed, and that it deed -ends at the tank farm; stated that the City Staff has no objection to the closing, but recommended the retention of a 10' easement to provide future utilities and for an existing line of Central Power & Light Co.; and presented letters in opposition to the closing from Gerald D. James on behalf of Southwestern 0i1 & Refining Co., and from William H. Keys on behalf of General American Trans- portation Corp., both on the basis that this is the only access road North of Nueces Bay Boulevard to the tanks and tank terminal located on the property at the dead-end of the street in the event of fire. • • Special Council Meeting January 30, 1962 Page #2 Jack White, attorney representing the applicant, showed color slides of the immediate area; pointed out the unkept condition of the street, and that there is a 7 -foot high chain-link fence with no gate, and an 8 or 9 -foot levee inside, at the edge of the refinery property, and that said property is outside the City Limits; and urged the closing on the basis that if Mr. Waters was per- mitted to purchase this additional lot at a reasonable price, he could improve the appearance of the whole area, and it would put the property back on the tax rolls. William Keys, attorney representing General American Transportation Corp., and Gerald D. James, attorney representing Southwestern Oil & Refining Company, both spoke in opposition to the proposed closing on the basis that it is constantly and understandably Southwestern's concern in its own interest and in the interest of residents in the vicinity that each said property utilized by it be readily accessible to fire fighting personnel and equipment; that Baymoor Boule- vard as it presently exists constitutes an access road to the General American Tank Terminal necessary to be used in the event of fire and is one of only two accesses to the above-mentioned adjoining 15.15 -acre tract in case of fire on such tract or adjoining properties. H. R. Sager and A. J. Besaelman both spoke against the closing on the basis of the street's usefulness in event of fire either side of the fence, which could, of course, be taken down in such event. Commissioner Roberts suggested that the matter should be studied with respect to the route of Highway 37, grade separation or type of crossing to be pro- vided, access or lack of access in this area, etc. Motion by Swantner, seconded by Young and passed that the hearing be closed, and the matter taken under advisement and referred to the City Manager for study and recommendation relative to fire protection and Highway 37. Mayor McDonald greeted and welcomed to the meeting 4 students from Cullen Place Junior High School, Kaye Smith, Mike Lee, Ken Eyring, and Dawn Stanka, and their sponsor, and designated them as "Honorary Junior City Commissioners". Mayor McDonald announced the public hearing on the application of H. G. Marston for a change of zoning from "R -1B" One -family Dwelling District to "A-2" • Special Council Meeting January 30, 1962 Page #3 Apartment House District, on Lots 1 & 2, Block 3, Westland Addition, being that property located on the Northeast corner of Leigh Drive and Villa Drive. J. T. Dunkin, City Planner, located the property as being at the North- east intersection of Leigh & Villa Drives; explained that the applicant proposes to build a multi -unit apartment building on the site; that there had been 3 written returns received in favor of the application and 1 against; and that the recommen- dation of the Zoning & Planning Commission was that the application be approved if the deed restrictions on this property are removed by the owner. Mr. Marston spoke in support of his application on the basis that he feels the corner has outlived its usefulness as single-family dwellings; and that the apartment building he proposes to construct this year will serve as a buffer between the residences and the business in the area on Highway 9. No one appeared in opposition to the application. Mayor McDonald declared the hearing closed. Motion by de Leon, seconded by Roberts and passed that the recommenda- tion of the Zoning & Planning Commission be concurred in, and that the zoning of Lots 1 and 2, Block 3, Westland Addition, be changed from "R -1B" to "A-2", subject to the deed restrictions on the property being removed by the owner. Mayor McDonald announced the public hearing on the application of M. A. Groff for a change of zoning from "A-2" Apartment House District to "B-4" General Business District, on Lots 1, 2, 3, 4, 5 & 6, Block 1102, Bay Terrace Addition #2, being that property located on the Northwest corner of South Brownlee Boule- vard and McKenzie Street. 3. T. Dunkin located the property as being across from Thomas -Spann Clinic; explained that there was 1 written return received in favor of the appli- cation and 1 against; that the applicant does not have any definite plans for the property; and that the recommendation of the Zoning & Planning Commission was that it be denied since the improvements permitted by granting this application would create additional traffic volumes adding to an already congestion condition on Brownlee Boulevard. Mr. Allen Groff, pastor of the First Assembly of God Church, the appli- cant, spoke in support of the application on the basis of there being "8-4" • • Special Council Meeting January 30, 1962 Page #4 zoning directly across the street from theChurch, and of the desire of the church people to sell the property and ralwcate the Church in a more residential area. Lev Hunt, representing the Thomas -Spann Clinic & Hospital, spoke in opposition to the change in zoning on the basic that the primary character of the neighborhood is residential; that the already heavy volume of traffic on Brownlee Boulevard would be greatly increased; that the hospital has certain obligations to their patients to provide quiet and that there are some uses in the "B-4" zoning that would be very detrimental to the hospital. T. U. Hamlett, 1532 - 11th Street, was opposed to any change in zoning, unless the future use of the property could be controlled, and adequate parking was provided. Mayor McDonald declared the hearing closed. Motion by Barnard, seconded by Maldonado that the matter be taken under advisement for an indefinite period. There followed a discussion as to the possibility of the neighborhood agreeing on a specific use of the property, such as in the event of consummation of a sale of the property to the Red Cross, and the possibility of the Council's granting a special use permit in the event of the passage of a proposed amendment to the text of the Zoning Ordinance. Commissioner Swantner moved that the motion be amended to provide that 5 -days' written notice be given the interested parties as to when the Council takes up the matter of the application again. Commissioner Barnard agreed to the amendment to his motion. Billy Brazelton, a member of the Church, favored the amended motion. Mayor McDonald restated the motion of Commissioner Barnard, seconded by Maldonado, as amended by Commissioner Swantner, that the foregoing application be taken under advisement, and that 5 -days° written notice be given the interested parties before the Council takes the matter up again. The foregoing motion was passed unanimously. Mayor McDonald announced the public hearing on the application of Mrs. F. F. puke for a change of zoning from "R -1B" One -family Dwelling District to "B-4" General Business District, on Lots 9 and 10, Block 4, Sunflower Addition #2, being • • Special Council Meeting January 30, 1962 Page #5 that property located at 2729 Gollihar Road. J. T. Dunkin located the property on the map as being across the street in close proximity to Fannin Elementary School; explained that the surrounding area is all residential and that there is an adjacent church; that the applicant operates a garage on the property as a non -conforming use; that there were 7 written returns received in favor of the application, and 3 against; and that the recommendation of the Zoning & Planning Commission was that it be denied on the basis that it would not be in line with the character of the neighborhood and, further, that it would constitute spot zoning. Mrs. Duke, the applicant, and Paul Vogler, both spoke in favor of the application on the basis that the garage has been in operation at that location be- fore the residences were there; that the garage services all that area and is desig- nated as a Vehicle Inspection Station; that the property needs improvements to better the appearance of the neighborhood, and a fence to keep the school children off the trucks and road machinery on the property; that the Church, in writing, has approved the application; that most of the neighbors are in favor of the application and proposed improvements; that one of the objectors does not live on his property, and that his renter borrows tools and services his car at the garage and does not object to the application; and that particularly since Gollihar has been extended past Park - dale, the street is beco*ing more heavily travelled and the garage is an asset; and that to give the property conforming use would relieve a hardship case and allow the owner to make proper and necessary repairs, since Mrs. Duke can only get financial backing if the property is re -zoned. No one appeared in opposition to the application. Mayor McDonald declared the hearing closed. Commissioner Swantner suggested that this application might well be re- lieved by the proposed change in the text of the Zoning Ordinance with reference to Special Performance Permits that the Council is studying. Motion by Swantner, seconded by Young and passed that the foregoing appli- cation be taken under advisement. Mayor McDonald announced the public hearing on the application of Hendrix Nursery for a change of coning from "R-2" Two-family Dwelling District to "B-1" • Special Council Meeting January 30, 1962 Page #6 Neighborhood Business District, on Lots 15 through 20, Block 1405, Merchants Addition, being that property located at 1925 - 16th Street. J. T. Dunkin located the property on the map; explained that there is presently a greenhouse -type nursery operating on the property under Special Council Permit; that 3 written returns were received in favor of this application and 3 against; and that the recommendation of the Zoning & Planning Commission was that it be granted. John Waller, attorney representing the applicant, and Mr. John Hendrix, owner, both spoke in support of the application on the basis that the property has been in continuous use as a nursery for 8 years; that there is adequate fencing to protect neighboring properties; that every abutting property owner favored the ap- plication; that it would allow the nursery to remain open 7 days a week instead of only 6 days as under the Special Council Permit; and that the change in zoning would just be recognizing a use granted 14 years ago. No one appeared in opposition to the application. Mayor McDonald declared the hearing closed. Motion by de Leon, seconded by Young and passed that the recommendation of the Zoning & Planning Commission be concurred in, and the zoning on Lots 15 through 20, Block 1405, Merchants Addition, be changed from "R-2" to "B-1". Mayor McDonald announced the public hearing on the application of M. G. Garza for a change of zoning from "R -1B" One -family Dwelling District to "AB" Pro- fessional Office District, on Lot 5A, Block 2, Mahan Acres Addition, being that pro- perty located at 4733 Hakel Drive. J. T. Dunkin located the property on the map; pointed out the uses of the surrounding area as residential, and explained that there had been a petition re- ceived opposing the application and 4 written returns received against it and none in favor; and that the recommendation of the Zoning & Planning Commission was that it be denied on the basis that it would constitute spot zoning and would not be in line with the character of the area surrounding it. Mrs. Guiterrez, representing the applicant, spoke in support of the ap- plication on the basis that the addition to the present dwelling to be used for a Custodial Home for the Aged would not disturb the neighbors, and that Mrs. Garza Special Council Meeting January 30, 1962 Page #7 has the experience and knowledge to operate it. Mr. Kenneth Tiner, 4810 Hakel, representing nine or ten others in the neighborhood, Mr. W. A. Sneed, 4806 Hakel, and Mr. Julian Vize, 4730 Hakel, all spoke in opposition to the application on the basis that there is enough business zoning on Kostoryz, and that this would be spot zoning in a residential neighbor- hood. Commissioner Barnard pointed out that the applicant is permitted to board up to 4 people in her present zoning, which is what a home for the aged amounts to since there is no stipulation as to health. No one else desired to be heard. Mayor McDonald declared the hearing closed. Motion by Barnard, seconded by de Leon and passed that the recommendation of the Zoning & Planning Commission be concurred in, and the change of zoning on Lot 5A, Block 2, Mahan Acres Addition, be denied. Mayor McDonald announced this concluded the scheduled public hearings, and that the Council would take up other matters of business. City Manager Whitney presented and read the following ordinances for the Council's consideration. ORDINANCE NO. 6412 AMENDING THE ZONING ORDINANCE OF THE CITY OF CORPUS CHRISTI ADOPTED ON THE 27TH DAY OF AUGUST, 1937, APPEARING OF RECORD IN VOLUME 9, PAGES 565, ET SEQ OF THE ORDINANCE AND RESDLUTION RECORDS, AS AMENDED FROM TIME TO TIME, AND PARTICULARLY AS AMENDED BY ORDINANCE NO. 6106, PASSED AND APPROVED ON THE 29TH DAY OF MARCH, 1961, BY AMENDING SECTION 25-4 OF ARTICLE 25 BY ADDING A NEW SUBSECTION (11) AS SET FORTH HEREINAFTER; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND DECLARING AN EMERGENCY. The Charter rule was suspended by the following vote: Mayor McDonald; Commissioners Swantner, Barnard, de Leon, Maldonado, Roberts and Young, all present and voting "Aye". The foregoing ordinance was passed by the following vote: Mayor McDonald, Commissioners Swantner, Barnard, de Leon, Maldonado, Roberts and Young, all present and voting "Aye". • Special Council Meeting January 30, 1962 Page #8 AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF CORPUS CHRISTI ADOPTED ON THE 27TH DAY OF AUGUST, 1937, APPEARING OF RECORD IN VOLUME 9, PAGES 565, ET SEQ OF THE ORDINANCE AND RESOLUTION RECORDS, AS AMENDED FROM TIME TO TIME, AND PARTICULARLY AS AMENDED BY ORDINANCE NO. 6106, PASSED AND APPROVED ON THE 29TH DAY OF MARCH, 1961, BY AMENDING SECTION 25-4 OF ARTICLE 25 BY ADDING A NEW SUBSECTION (12) AS SET FORTH HEREINAFTER; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND DECLARING AN EMERGENCY. Commissioner de Leon stated that he felt this was a matter that required much more consideration than the Council had given it; that it is dangerous in that it would be legalizing unlawful zoning; that there are no standards set out in the proposed ordinance as to the particular type of applications which would fall into the category of the special Council permit, and no provisions for a change in neighbor- hood which might make the permitted installation objectionable; and that he was def- initely not in favor of this amendment. Commissioner Swantner stated that he felt the proposed amendment would provide a method whereby the Council could enable business and enterprise to progress without endangering the rights of a neighborhood, and that the amendment provided full control of the special Council permit within the Council, and was definitely in the public interest. There followed a lengthy discussion as to under what circumstances the Council could grant a special performance permit, in effect denying the change in zoning but permitting the use for which the zoning was requested, and whether or not the Council could grant the requested zoning instead of the special performance permit which might be recommended by the Zoning & Planning Commission, and what the vote of the Council would need to be in each case. The proposed amendment was re- ferred to the Legal Department for revision in line with the points discussed for submission at tomorrow's regular meeting. There being no further business to come before the Council, the special meeting was adjourned.