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HomeMy WebLinkAboutMinutes City Council - 07/10/1963 - Special• CITY OF CORPUS CHRISTI, TEXAS SPECIAL COUNCIL MEETING July 10, 1963 4:00 p.m. PRESENT: Mayor James L. Barnard Commissioners: Jim Young City Manager Herbert W. Whitney Jack R. Blackmon City Attorney I. M. Singer J. R. de Leon Aes't City Att'y Wayland pilcher M. P. Maldonado City Secretary T. Ray Kring W. J. Roberts W. H. Wallace, Jr. Mayor James L. Barnard called the special meeting to order. City Secretary T. Ray Kring called the roll of those in attendance. Mayor Barnard announced the purpose of the special meeting to hold public hearings on five zoning applications, and explained the procedure to be followed. Mayor Barnard announced the public hearing on the application of Cecil Burney for a change of zoning from "R -1B" One -family Dwelling District to "I-2" Light Industrial District on a 3.4 -acre, more or less, tract out of an 8.0 -acre tract of the Hatch Tract, described by metes and bounds. Tom Lake, Zoning Coordinator, located the property on the map; pointed out the zoning and land use of the area, and the access to the property; ex- plained the recommended street connection pattern; and stated that 13 notices had been mailed out, 2 written returns received for and 2 against the request, one person had appeared in favor, and 5 in opposition at the public hearing; and that the recommendation of the Zoning & Planning Commission was that the request be denied on the basis that approval would constitute industrial encroachment in- to a residential area. Jim Harris, representing the applicant Cecil Burney, Trustee, explained the proposed use of the property for a warehouse complex; the willingness of the applicant to dedicate right-of-way for whatever street connection or access road the City felt would be most desirable; and spoke in support of the request on the basis that it is not suitable for residence since it adjoins the Rose Hill Ceme- tery, that it is economically only suitable for industrial property since there are already industrial uses in the vicinity; that it would solve a drainage prob- lem in the area; that it would not devaluate property in the neighboring residen- tial subdivision; that the approximately 200' adjacent to the Hatch Trailer Park had not been included in the request in order to have a buffer area. • • City of Corpus Christi, Texas Special Council Meeting July 10, 1963 Page 2 Dave Coover, representing Frank Cech owner of the adjoining tract ad- jacent to the Westgate Heights residential subdivision, spoke in support of the request on the basis that the property is best adaptable to industrial use, that his client had filed application for the same "I-2" zoning on his property immed- iately upon notice of the Burney application; and that both tracts would never be developed economically for any other than industrial use, and should be so zoned at a time when it would be conducive to development; and stated that with refer- : ence to the dedication of right-of-way for streets, his client would be willing to contribute right-of-way for any reasonable street program provided there was an adjustment between the two tracts as to the area involved. The following appeared in opposition to the request on the basis that the giving of right-of-way should not be considered; only the owners of the property described are in favor of the request, as compared to the 400 or 500 residential property owners who are opposed; the investment of residential prop- erty owners for homes should not be devaluated for the benefit of one rental property; once zoning is granted, the property owner does not always carry out the originally proposed plans; streets are narrow, Westgate streets in particu- lar are in dire need of repair, no sidewalks, unsuitable for any type of heavy traffic or travel, are used by children going to and from elementary and high school, and industrial use of streets would create a definite safety hazard; no desire for the opening of George Street; and the noise and usual unsightliness of warehousing property would be very detrimental to the area: P. L. Pulliam, 310 Westgate Dr.; Mrs. Linnie B. Milles, manager of Rose Hill Demetery; Charles Andrus, 233 Eastgate Dr.; Joanne Thompson, 234 Eastgate Dr.; Roy Allbritton, 226 Eastgate Dr.; C. E. Dudley, 229 Eastgate Dr.; Charles Wade, 230 Eastgate Dr.; Mrs. James Bryant, 206 Eastgate Dr.; Jim Worth, 214 Eastgate Dr.; Robert Rodriguez, 218 Eastgate Dr., speaking for his parents; Sam Magee, 250 Eastgate Dr.; Curtis Cowart, 251 Eastgate Dr.; Simon Gonzales, 202 Eastgate Dr.; and Mrs. J. S. Howland, 3305 Southland Dr. Motion by Blackmon, seconded by Maldonado and passed that the hearing be closed. Mayor Barnard, with approval of the Council, announced that the request for rezoning relative to the adjoining tract would be heard before action was taken on the foregoing Cecil Burney application. • City of Corpus Christi, Texas Special Council Meeting July 10, 1963 Page 3 Mayor Barnard announced the public hearing on the application of Frank Cech for a change of zoning from "B -1B" One -family Dwelling District to "I-2" Light Industrial District on approximately 34 -acres out of the 8.38 -acre Frank Cech Tract, being a portion of the Hatch Tract, described by metes and bounds. Tom Lake located the property on the map; pointed out the zoning and land use in the area; stated that 26 notices had been mailed out, 3 written re- turns received in favor, and 13 against, and that 2 people had appeared in favor, and 7 in opposition at the public hearing; and that the recommendation of the Zoning & Planning Commission was that the request be denied on the basis that approval would constitute industrial encroachment into a residential area. Dave Coover, attorney for the applicant, stated that there were pres- ently no plans for the property, that the application had been filed following the Burney application so that the property would not be left as a twilight zone; that the access street could easily be worked out satisfactorily to the City be- tween the two subject properties as a private road and need not disturb the res- idential subdivision; that the Ehrenberg Appraisals had shown the same front -foot value and the same land value for those houses fronting on Southland Drive that backed up to industrial zoning as for other houses in the area, which would be substantially the same situation in regard to the Cech property and those houses on Eastgate Drive which back up to the subject property, thereby causing no de- valuation of residential property; and since there have been no plans for devel- opment of the tract since the previous attempt for rezoning, it is evident that the requested zoning•is the only suitable use for the property, and further, that the size of the tract after right-of-way dedication for streets would be insuf- ficient for economically feasible development as residential property. Jim Harris, representing Cecil Burney, Trustee, owner of adjoining tract, concurred in the request for the, reasons previously stated. All those who had appeared in opposition to the rezoning of the adjoin- ing tract, asked to be recorded as being in opposition to this request for the same reasons, and the following asked that their names be recorded also as being opposed: Mrs. Ada Lou Hartman, 238 Westgate Dr., and Mr. & Mrs. J. G. Johnston, 3406 Welling- ton. Tom Lake read briefly from the Zoning Ordinance as to the allowable uses in a "I-2" area. • City of Corpus Christi, Texas Special Council Meeting July 10, 1963 Page 4 Mayor Barnard requested that the location of properties and percentage of protesting property owners be checked, and a legal opinion be supplied to the Council as to whether or not the 20% Rule applies to either or both of the fore- going applications for zoning changes, and explained the Rule and its effect to those in the audience. Motion by Roberts, seconded by Maldonado and passed that the hearing be closed. Motion by Maldonado, seconded by Roberts and passed that the requests for change of zoning on a 3.4 -acre tract, more or less, out of an 8.0 -acre tract of the Hatch Tract, and on approximately 32 -acres out of the 8.38 -acre Frank Cech Tract, being a portion of the Hatch Tract, be taken under advisement pending sub- mission of the legal opinion requested. Commissioner Roberts requested that information also be supplied as to platting of the Hatch Trailer Park property. Mayor Barnard announced the public hearing on the application of J. N. Bluntzer for change of zoning from "A-2" Apartment House District to "B-1" Neigh- borhood Business District on all of Lots 5 and 6, Block 3, Craven Heights. Tom Lake located the property on the map; pointed out the zoning and land use of the area; stated that 14 notices had been mailed out, 3 written re- turns had been received in favor, and 1 against, and that the attorney for the applicant and one other person had appeared in favor of the request at the public hearing, and none against; and that the recommendation of the Zoning & Planning Commission was that the request be approved. Robert Haegelin, attorney for the applicant who was also present, spoke in support of the request on the basis that the existing grocery store is in need of repair and enlargement, and that it is a great convenience to the area partic- ularly since the construction of Highway 37; that it would not inflict a hardship on anyone abutting the subject property; and would be a logical extension of the zoning. Charlie Porter, attorney for Leathers Housing Authority, objected to the rezoning on the basis that the classifications are too broad, but stated that there is no objection to the grocery store use which has been the non -conforming use of the property for many years and is a convenience to the neighborhood; and further, that if the use of the property is so limited, the objection would be City of Corpus Christi, Texas Special Council Meeting July 10, 1963 Page 5 withdrawn. Mr. Haegelin stated that his client would accept the limitation, but that he was requesting the "B-1" classification in the event that he found it economically necessary to add another compatible retail operation. Motion by Wallace, seconded by Roberts that the hearing be closed, and a Special Use Permit for operation of a grocery store be granted on Lots 5 and 6, Block 3, Craven Heights, subject to the regulations and restrictions of the "B-1" District. Commissioner Blackmon stated that he felt the request for "B-1" zoning was reasonable and that none of the people living in the area were objecting, only the Housing Authority. On vote on the foregoing motion, there were three "Ayes" and four "Nays", and the Chair declared the motion had failed. Motion by Blackmon, seconded by Maldonado and passed four "Ayes" to three "Nays"., that the hearing be closed, and the recommendation of the Zoning & Planning Commission be concurred in, and the zoning on Lots 5 and 6, Block 3, Craven Heights, be changed from "A-2" to "B-1" Neighborhood Business District. Mayor Barnard announced the public hearing on the application of O. W. Whitley for a change of zoning from "R -1B" One -family Dwelling District to "B-1" Neighborhood Business District on Lot 2, Block 4, Highway Village Section 1. Tom Lake located the property on the map; pointed out the zoning and land use of the area; stated that 12 notices had been mailed out, 4 written re- turns received in favor of the request, and none against, and that 5 additional letters had been received outside the 200. notification area in favor of the re- quest; and that the recommendation of the Zoning & Planning Commission was that the request be approved. No one appeared in opposition to the foregoing request. Motion by de Leon, seconded by Blackmon and passed that the hearing be closed, and the recommendation of the Zoning & Planning Commission be concurred in, and the zoning on Lot 2, Block 4, Highway Village Section 1, be changed from "R -1B" to "B-1" Neighborhood Business District. Mayor Barnard announced the public hearing on the application of Joseph Hans for a change of zoning from "A-1" Apartment House District to "A-2" Apart- • City of Corpus Christi, Texas Special Council Meeting July 10, 1963 Page 6 ment House District on a portion of Lot "H" Block 5, Bluff Front Addition. Tom Lake located the property on the map; pointed out the zoning and land use of the area; stated that 26 letters had been mailed out, 4 returns re- ceived in favor of the request, and none against, and that no one had appeared in opposition to the request at the public hearing; and that the recommendation of the Zoning & Planning Commission was that; the. request be approved. Commissioner Blackmon asked that the records show he had disqualified himself and took no part in this hearing due to the interest of his firm in the matter. City Manager Whitney presented 3 additional written replies in favor of the request. Joseph Hans, architect, speaking in support of the application, explained the recent purchase of additional property for a more spacious development of the high-rise apartment project and showed a sketch of the proposed development, con- struction on which would start almost immediately. No one appeared in opposition. Motion by Wallace, seconded by Young and passed that the hearing be closed, and the recommendation of the Zoning & Planning Commission be concurred in, and the zoning on the portion of Lot "H", Biock 5, Bluff Front Addition de- scribed in the request, be changed from "A-1" to "A-2" Apartment House District. Commissioner Wallace commented, in respect to the applications of Cecil Burney and Frank Cech for changes in zoning which had been taken under advisement earlier in this meeting, that it seemed to him that no prudent developer would risk capital in residential development of properties surrounded on three sides by a cemetery, trailer park, and heavy industry, but that it was necessary to pro- tect the residential properties and also allow reasonable economic use of the subject properties. He suggested that the Council consider denying the "I-2" zoning, but offer to both parties a Special Use Permit for a warehouse operation, with the applicants providing a road between the two properties, the warehouses being restricted to fasicxlly one -floor type seen in the area to the West, and providing screening by masonry or similar wall on the Northern and Western per- imeter. Commissioner de Leon commented that in order to grant a Special Use Permit, the proposed development for the Cech property would have to be known, and both • City of Corpus Christi, Texas Special Council Meeting July 10, 1963 Page 7 properties would be subject to proper plat, including street and utility facili- ties. City Manager Whitney reminded the Council that there has been a request to open Flora Street on to Lipen for access to Miller High School and to facili- tate the movement of the football traffic to and from the Buccaneer Stadium during the season, and suggested it would be advisable to study the entire picture at this time. Commissioner Blackmon stated he vas interested in the legal opinion as to whether or not the protest on behalf of the Rose Hill Cemetery is a bona - fide complaint to invoke the 20% Rule, or merely that of a neighbor. There being no further business to come before the Council, the special meeting was adjourned.