HomeMy WebLinkAboutMinutes City Council - 07/24/1963 - SpecialCITY ca CanS CHRISTI, TEXAS
SPECIAL COUNCIL MEETING
July 24, 1963
4x00
PRESENT:
Mayor Pro Teem Jim Young
Commissioners
Jack R. Blackmon
W. J. Roberts
W. H. Wai3.ace2 Jr.
City Manager Herbert W. Whitney
Asst City Attorney Wayland Pilcher
City Secretary T. Ray Kring
Mayor Pro Tem Jim Young called the meeting to order.
City Secretary T. Ray K'1.ng called the roll of those in attendance.
Motion by Roberts, seconded by Blackmon and passed that the absence
of Mayor James L. Barnard, and Commissioners J. R. de Leon, and M. P. Maldonado
be excused for cause.
Mayor Pro Tem Young announced the purpose of the special meeting to
hold public hearings on two zoning applications, and explained the procedure
to be followed,
Mayor Pro Tem Young announced the public hearing on the application
of Haas Trucking Co. for a change of zoning from "R -1B" One -family Dwelling
District to "1-2" Light Industrial ,-District on a 300° x 300° portion out of
the Northwest corner of Lot 3, Section 19, Flour Bluff and Encinal Farm and
Garden Tracts.
Tom Lake, Zoning Coordinator, located the property on the map; point-
ed out the zoning and land use of the area; stated that a number of persons
had appeared in opposition to the request at the public hearing; stated that
3 notices had been mailed out, none received in favor, and 4 against, and 2
telephone calls received in opposition since then; and that the recommendation
of the Zoning & Planning Commission was that the request be denied on the basis
that approval would constitute spot zoning and would jeopardize the apparent
future residential character of this area.
City Manager Whitney presented 2 affidavits in opposition to the
request, submitted by John Waller, attorney for Lindale, Inc., owner of approx-
imately 80 acres of land directly across the street from the subject property,
and also attorney for Mr. & Mrs, Joe Fe Hall, owners of approximately 55 acres
of land (Sunshine Acres) immediately abutting the subject property; and report-
ed a telephone call from the applicant that he was unable to be present at this
hearing, and requesting that the hearing be deferred or postponed until he was
able to be present.
•tY of Corpus Christi, Texas
Special Council Meeting
July 24, 1963
Page 2
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Mayor Pro Tem Young ruled that the hearing would be held since it had
been properly legally advertised and there were persons present who wished to be
heard, after which he would ask the Council's pleasure in regard to recessing
the hearing until a later date in order to hear from the applicant.
No one appeared to speak in favor of the request.
John Waller, attorney, speaking on behalf of Morrie Lichtenstein, owner
of fifty to sixty acres in the area, G. R. Swantner, interested in two tracts,
and Joe Hall, owner of Sunshine Acres of approximately fifty-five acres immedi-
ately abutting the tract described in the request, stated that the affidavits had
been submitted for the purpose of invoking the three-fourths rule, and spoke in
opposition to the request on the basis that the entire usage of the area is pre-
dominantly residential; the railroad track is a Navy spur track and does not im-
pede the development of thrity to forty thousand dollar harms; land values will
be severely damaged; the applicant has property on Woolrige Road which can be
used for his truck operation; that the area property owners are convinced the
request has been made in order to subsequently request the permit for the exca-
vation and garbage pit again.
The following appeared and spoke in opposition to the application on
the basis of the noise, dust, the hazard to children in the area of constant flow
of trucks and moving equipment; it would constitute spot zoning; would seriously
and forever damage the anticipated development of the acreage in the area for
large, single-family homes and for an elite private school; and that the grant-
ing of this request would surely precipitate another request for an excavation
and garbage pit as the applicant had admitted at the last request for a change of
zoning that he was interested in this particular property because of the analysis
of the soda Harold N. Siemer, 7072 Lakeview Drive; Joe Hall, 122 Sea View;
Robert Barker, 6982 Lakeview Drive; Mrs. Nick Marchyn; Lakeview Drive; Mrs. Coy
D. Martin, 6922 Holly Road; Mrs. Walker Green, 1141 Logan, also representing Mrs.
George Strauss, 3513 Aransas; Mts. Mary McAllister, 6941 Lakeview Drive; Mrs. B.C.
Gowan, 3005 Houston, owner of 50 acres fronting on Airline; Mrs. W. H. Craft; Mrs,
C. S. Yarbrough, 2129 Airline Road; Fred L. Aldridge, 6832 Lakeview Drive; Mrs.
H. M. Segrove, Lakeview Drive; and Mrs. Keever, Lakeview Drive.
ty of Corpus Christi, Texas
Special Council Meeting
July 24, 1963
Page 3
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Motion by Blackmon, seconded by Roberts and passed that the hearing be
recessed for two weeks from today, in view of the time needed for the budget hear-
ing at next week's meeting, ,and be placed at the beginning of the agenda.
In answer to requests from those opposing the foregoing application that
any future applications for any change in zoning on this property be turned down
and refused by Mr. Anderson, Director of Planning, so as to save the Council's
time in holding another public hearing, and to save all the property owners from
having to keep returning to protest any change, it was explained that Mr. Anderson
is required to receive and process all applications for changes in zoning, and does
not have the power to deny or refuse an application.
Mayor Pro Tem Young announced the public hearing on the application of
Parkview General Hospital, Inc. for a change of zoning from "R -1B" One -family
Dwelling District to "AB" Professional Office District and/or amendment of Special
Council Permit heretofore granted to Parkview General Hospital and Dr. Edwin E.
Connor on all of the Edwin E. Connor Tract, being a 12.772 -acre tract out of Lot
12, Section "A", Paisley's Subdivision of the Hoffman Tract.
Tom Lake located the property on the map; pointed out the zoning and
land use of'the area; explained that the Special Council Permit issued for a
hospital in 1959, had been approved subject to a certain date for beginning of
construction and to certain performance standards; that 106 notices had been
mailed out, 6 written returns received in favor, and 8 against, and one person
had appeared in opposition atthe public hearing; and that the recommendation of
the Zoning & Planning Commission was that the change of zoning be denied but that,
in lieu, a Special Permit for continued use of present facilities and the con-
struction of an additional wing in accordance with submitted plans be approved
subject to the following conditions: (1) Compliance with all conditions imposed
by the Department of Public Works where construction over a sanitary fill is con-
cerned; (2) Maintenance of rear portion of the property, specifically the level-
ing of the ground, the mowing of the grass, and the cleaning of weeds and debris;
(3) Construction of those portions of the fences which have not been completed and
and in uniformity with existing fences with permission of the concerned property
owners; (4) Care of mental and tubercular patients to be prohibited; and (5) Re -
platting.
City of Corpus Christi, Texas
Special CDuncil Meeting
July 24, 1963
Page 4
City Manager Whitney presented and read a petition dated July 24, 1963,
containing 57 signatures of property owners in the Parkdale area, in opposition
now and anytime in the future, to the requested classification change; and also
submitted a copy of the report on the Special Council Permit for a Hospital re-
quested by Dr. Edwin E. Conner in 1959.
Lee Mahoney, attorney representing the applicant, explained the purpose
of the application to permit construction of an additional wing to the hospital;
showed a replat and plot plan for the property; explained that test borings had
determined that construction was feasible over the sanitary fill area by going down
40° for the foundation, and that agreement indemnifying the City from any litaga-
tion regarding such construction would be furnished. In answer to questions of the
Council as to why the original fencing and park development conditions had not been
carried out, Mr. Mahoney explained the circumstances involving the fencing which
would have resulted in an undesirable 5' apace between the hospital fence and that
of adjoining property owners, and that the park development had been delayed due
to the fact that the cost of the hospital construction had greatly exceeded the
estimate; but that all conditions of the Zoning & Planning Commission would be met
as soon as economics permitted.
Dr. Franklin Yeager, Medical Director of Parkview General Hospital spoke
in support of the application on the basis that public acceptance of the hospital
has exceeded their expectations proving that the request is in the public interest;
that the new wing is needed; that it is one of the few tax -paying hospitals in the
area and the new wing will create additional jobs; that it will not be visible
from the street and so cannot change the scene; that since there is no ingress to
the publicto the park area, he feels what is meant by park development is landscap-
ing of the grounds, all of which will be complied with as economically feasible
following completion of construction of the wing.
W. W. McClendon, engineer, verified the technical facts relative to the
ground grade levels which accounted for the apparent discrepancies in height re-
quirements relative to the fencing and wall, but stated that the wall had been
built in compliance with the conditions.
City of Corpus Christi, Texas
Special ,ouncil Meeting
July 24, 1963
Page 5
Jim Baldwin, 4302 Dolphin, spoke in support of the request on the basis
of its being a great asset to the community, and that he did not feel it lowered any
property value in the area.
Harold Hargrove, Business Manager for the Hospital, stated that they have
plans to beautify the property and expected to be financially able to do so within
the next year or two.
The following spoke in opposition to the application on the basis that there
is no need to seek rezoning for the entire tract; rezoning would permit business opera-
tions undesirable due to additional traffic; it destroys the quiet residential
character of the area; the back end of the hospital is not kept clear of debris; the
lights of the cars turning around in the parking area are disturbing to the adjoining
residences; the fencing situation is unsatisfactory; object to the possibility of
future high-rise additions thereby destroying the backyard privacy of residences and
lower and damage property values: H. C. Smith, 4113 Barnes; Fred C. Barrington,
4525 Dody; Mr. and Mrs. E. B. Webster, 4601 Dody; Nathan Lanford, 4029 Bradford.
During a discussion of the request and objections, City Manager Whitney
pointed out that the recommendation of the Zoning & Planning Commission had denied
the change of zoning and recommended instead that the Special Council Permit be
extended to allow the construction of the additional wing under certain conditions.
Commissioner Wallace felt that the hospital has not performed in accordance with the
conditions of the original Special Permit and that there should be assurances on the
part of the Hospital as to fullfilment of any new conditions or requirements, and
that in particular the park development could be amortized along with the construction.
The Legal Department was requested to determine whether or not the written protests
and petition invoked the 20X rule
closed.
Motion by Roberts, seconded by Blackmon and passed that the hearing be
Motion by Roberts, seconded by Blackmon and passed that the matter be
taken under advisement.
There being no further business to come before the Council, the special
meeting was adjourned,