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HomeMy WebLinkAboutMinutes City Council - 02/10/1965 - SpecialCITY OF CORPUS CHRISTI, TEXAS SPECIAL COUNCIL MEETING February 10, 1965 3000 p.m. PRESENT: Mayor James L. Barnard Mayor Pro Tem Jim Young. Commissioners: Jack R. Blackmon J. R. de Leon M. P. Maldonado W. J. Roberts W. H. Wallace, Jr. City Manager Herbert W. Whitney City Attorney I. M. Singer City Secretary T. Ray Kring Mayor James L. Barnard called the 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 six zoning cases, and explained the procedure to be followed. Mayor Barnard announced the public hearing on Application #1264-2, M. D. Gowland, Trustee, for change of zoning from "R -1B" One -family Dwelling District to "B-4" General Business District on all of Lots 1, 2, 3, 4 and 5, Block 14, Gardendale Unit 3. Tom Lake, Zoning Coordinator, located the property on the map; pointed out the zoning and land use of the area; stated that the attorney for the appli- cant appeared at the Commission hearing in support of the request, and no one appeared in opposition; that seventeen notices were sent out, one reply was re- ceived in favor of the request and two against; and that the recommendation of the Zoning & Planning Commission was that it be approved as submitted. J. B. Trimble, attorney representing the applicant, pointed out that the subject property and the area adjoining up to Lexington Boulevard is presently undeveloped, except for the two corners which are business zoned, and that since the twenty-nine acre tract across from the property was recently zoned as "B-4" General Business District, it is a logical request and the property will be developed in a manner to serve the community. No one appeared in opposition to the request. The possible future need for additionalright of way to widen Everhart so as to make the width of the street uniform through to Lexington was discussed, and the applicant stated he would agree to a thirty-foot setback since his plans were to set back further than that. • r • City of Corpus Christi, Texas Special Council Meeting February 10, 1965 Page 2 Motion by Maldonado, seconded by de Leon and passed that the hearing be closed. Motion by Young, seconded by Maldonado that the request for a change from "R -1B" to "B-4" be approved, and Commissioner Blackmon suggested the motion be amended to be subject to a replat with a thirty-foot setback. Motion by Young, seconded by Maldonado and passed, with Wallace abstain- ing, that an ordinance be brought forward changing the zoning on all of Lots 1, 2, 3, 4. and 5, Block 14, Gardendale Unit 3, from "R -1B" to "B-4" General Business District, subject to a replat with a thirty-foot setback on the Everhart side of the property. Mayor Barnard announced the public hearing on Application #1264-3, Earl Quidort, for change of zoning from "R -IB" One -family Dwelling District to "AB" Professional Office District on all of Lot 1, Block 6, Alameda Park. Mr. Lake located the property on the map; pointed out the zoning and land use of the area; stated that the applicant appeared at the Commission hearing in support of the request, and no one appeared in opposition; that twenty-four notices were sent out, five replies were received in support of the application and one in opposition; and that the recommendation of the Zoning & Planning Commission was that it be denied on the basis that approval would constitute encroachment into an existing residential area. Earl Quidort, applicant, stated he proposed to have a doctor move in which would not change the type of building any, except to provide one entrance on Ever- hart, that when the twenty feet for widening Everhart is taken off the property, he planned to have off-street parking, that he might remove the garage to provide plenty of off-street parking for the doctor; and that he had been told by the ad- jacent property owner that the owner of the next lot no longer objected, and the neighbors across the street have high board fences. No one appeared in opposition. Motion by de Leon, seconded by Maldonado and passed that the hearing be closed. • City of Corpus Christi, Texas Special Council Meeting February 10, 1965 Page 3 Motion by Wallace, seconded by Maldonado and passed, with Blackmon voting "Nay," that the recommendation of the Zoning & Planning Commission be concurred in, and the application be denied on the basis that it would constitute an encroach- ment into an existing residential area. Mayor Barnard announced the public hearing on Application #1264-4, S. P. Cousin, Jr., for change of zoning from "B -1A" Tourist Court District to "B-4" General Business District on all of Lot 4, Woodlawn Annex #2. Mr. Lake located the property on the map; pointed out the zoning and land use of the area; stated that the applicant and two other persons appeared at the Commission hearing in support of the application, and no one appeared in opposi- tion; that nine notices were sent out, one reply received in favor of the request and none in opposition; and that the recommendation of the Zoning & Planning Com- mission was that it be denied but that in lieu a Special Permit for a miniature putting course be approved subject to the following conditions (1) Compliance with the regulations of the "B-4" General Business District; and (2) Approved site plan. Mr. Lake presented a picture as an example of the appearance of the putting course and a layout showing patio, club house and the holes involved in the course, and explained there might be minor changes in the site plan having to do with the buildings as the development is constructed; and explained that this is not specifi- cally designated as a use under the "B-4" zoning but has been a temporary or special exception through the Board of Adjustment on the basis of two years; but that this can be done as a special permit. In answer to a question from the Council, Mr. Lake stated that Mr. Bob Chapman, representing Corpus Christi Theatres, opera- tor of the Lexington Drive -In Theatre, was present at the Commission hearing and indicated he was very much in favor of this operation. Joe McManus, realtor representing Mr. Cousin, Jr. and Mr. and Mrs. Arnold who own the property, explained that this miniature golf course is new to this area, a thing of beauty, and there are several in Dallas; that Arnold Palmer Com- pany approves the site for the installation, a representative is present for the engineering study and for the installation; that the equipment and installation • Corpus Christi, Texas Special Council Meeting February 10, 1965 Page 4 cost approximately $35,000 to $40,000 and would not be worthwhile for a temporary or two-year limitation; that it is a family entertainment, an added tourist attrac- tion to the area; and urged that a favorable ruling be made for a special permit. Mrs. Arnold, owner of the property, was present in support of the applica- tion. No one appeared in opposition. Motion by Wallace, seconded by Blackmon and passed that the hearing be closed. Motion by de Leon, seconded by Maldonado and passed that the recommenda- tion of the Zoning & Planning Commission be concurred in, and that an ordinance be brought forward granting a special permit for a miniature putting course on all of Lot 4, Woodlawn Annex #2, subject to the regulations of the "B-4" General Business District, and further subject to the site plan presented and approved at this hearing. Mayor Barnard announced the public hearing on Application #1264-5, Billy L. Weir and W. H. Stahl, for change of zoning from "R -1B" One -family Dwelling District to "B-1" Neighborhood Business District on the northerly 54 feet of Block "U" and all of Blocks "V" and "W", Lexington Place. Mr. Lake located the property on the map; pointed out the zoning and land use of the area; stated that the attorney representing the applicant, both appli- cants and one person representing the real estate agency appeared at the Commis- sion hearing in support of the application, one person who did not say whether tie was for or against the request, and three persons appeared in opposition; that thirty-one notices were sent out, two replies received in favor and four in oppo- sition; and that the recommendation of the Zoning fi Planning Commission was that it be approved as submitted. Mr. Lake added that it had been indicated that a service station was proposed for the corner portion, that the residence may remain on the property, but no specific use was indicated for the vacant portion of the property. Hodge Thompson, attorney representing both the applicants, and Mr. Stahl and Mr. Weir appeared in support of the request and pointed out that there is a residence immediately behind the proposed filling station that is occupied by • City of Corpus Christi, Texas Special Council Meeting February 10, 1965 Page 5 Mr. Stahl, that they had in mind a health food store, that they couldn't afford to put a residence on the property, that the property could be much better used for business, and that Monsignor Kasper of SS. Cyril & Methodius Church did not object to this request. Mrs. Velma Mynier, owner of Lots 5, 6, 7 and 8, Block 'N", Lexington Place, stated that she owned all of the property behind the subject property and was very much opposed to the request; that she operated the Corpus Christi Nursing Home, caring for between eighty-five and ninety aged people; that she had located the nursing home here because it was near churches and these old people would not be disturbed by loud noises or endangered by excessive traffic; that the home repre- sents an investment of about a quarter of a million dollars and Dr. Metzger and Mr. Koepsel have asked her if she can't expand as she cares for some of the City's indigent old people now and they need to place more of these people. Mrs. Mynier was also concerned that a beer joint or pool hall would be permitted under the re:- quested enquested zoning. In answer to the Mayor's question, City Attorney Singer said that he be- lieved the State law regarding opposition of abutting property owners to zoning would apply in this case, but that the liquor control is measured from front door to front door. Mr. Thompson stated his clients authorized him to state they would agree to file a covenantt running with the land that there would never be any liquor or beer sold on this property. Mr. and Mrs. Kasper, Lot 2, Block "T," spoke in opposition to any business, on the basis of the danger to the children attending South Park School, and stated that Monsignor Kasper had told them last night to express his opposition to any business on Kostoryz, that he had been told the business was to be on the McArdle side of the property. Motion by Wallace, seconded by Blackmon and passed that the hearing be closed. Mayor Barnard reminded the Council that due to the State Law, it would require at least a six -to -one affirmative vote to grant this request. • • City of Corpus Christi, Texas Special Council Meeting February 10, 1965 Page 6 Motion by Blackmon, seconded by Young and passed that the foregoing appli- cation be tabled for one week for discussion and study. Mayor Barnard announced the public hearing on Application #1264-6, Mrs. Genevieve Tarlton Alexander, for change of zoning from "R -1B" One -family Dwelling District to "AB" Professional Office District on all of Lot 6, Block 3, Glendale Addition. Mr. Lake located the property on the map; pointed out the zoning and land use of the area; stated that the applicant appeared in support of the application at the Commission hearing, and six persons in opposition; that twenty-one notices were sent out, two replies received in favor and six in opposition, and three addi- tional letters in opposition for property owners in the neighborhood but not within the 200 -foot area of the subject property; and that the recommendation of the Zoning & Planning Commission was that it be denied on the basis that this is a well estab- lished residential area, that approval of the request would constitute encroachment into an established zoning pattern and that it is spot zoning. In answer to the Mayor's question, Mr. Lake stated that the subject property was not concerned in the area for announced expansion of Del Mar College. No one appeared in support of the application. R. B. Roddy, owner of the subject property, stated that he understood Mrs. Alexander had cancelled her option and was to have written a letter withdraw- ing the application as she had purchased somewhere else for her day school. B. A. Peel, whose mother resides at 113 Glendale Drive, and Mrs. Robert J. Williams, 214 Glendale, spoke in opposition to the request as stated in the Zoning & Planning Commission's recommendation; and the objection of Mrs. H. L. Womack, 210 Glendale Drive was also noted. Motion by Wallace, seconded by Blackmon and passed that the hearing be closed. Mr. A. N. Ammerman, 206 Glendale, explained that Mr. Roddy had given Mrs. Alexander an option to buy the property and did not know it was to be made into a school until she announced it at the Commission hearing; and pointed out the hazard City of Corpus Christi, Texas Special Council Meeting February 10, 1965 Page 7 of probably some eighty additional cars on Staples Street driving the children to and from the school, and the additional noise disturbing the elderly residents in that established subdivision; but that the matter was now moot. Motion by de Leon, seconded by Blackmon and passed that the recommendation of the Zoning & Planning Commission be concurred in, and the application be denied. Mayor Barnard announced the public hearing on application of Donald H. Ander- son for Special Use Permit for operation of a trailer park on a 7.05 -acre tract out of the southwest 10 -acre portion of Lot 21, Section 499 Flour Bluff and Encinal Farm and Garden Tracts. Mr. Lake located the property on the map; pointed out the zoning and land use of the area; stated the Special Use Permit #18 was denied by the Zoning & Plan- ning Commission on the basis that a trailer park would be detrimental to adjacent areas, that acceptable access is not available, and that sufficient information was not presented; that the applicant had appealed that ruling within the thirty -day period and was now before the City Council. Mr. Lake presented a map showing two individual trailer locations, a general layout for the trailer park showing trailer locations and facilities, and a suggested street plan for the area to give access to the park and a frontage road, which had been requested and presented to the Com- mission at its hearing. Mr. Donald Anderson, applicant, explained his plans to purchase property for extending Lizbeth Street and for providing access to the property, explained that only one road in and out of a trailer park is desirable, that humps are put in the road to slow the traffic down to an absolute minimum; that it was desirable to locate near a school; that these are mobile homer in the eight to ten thousand dollar class, and the park would be in the five-star class as written up in the CALLER -TIMES last week; that the roadways in the park would be oil surfaced, utilities are available, and proper sewage d'sp0s0l would he used; pointed out the various sized lots to accommodate the different types of mobile homes; and that the type of park he plans is very much needed in the eccpus Christi area. Mr. John Johnson, representing himself and brothers andsisters who own • • City of Corpus Christi, Texas Special Council Meeting February 10, 1965 Page 8 the undeveloped land to the west of the subject property, spoke in support of the request; stated that he did not feel the time was right for development of his family property, but that the required property for street purposes in connection with the trailer park was available to Mr. Anderson; and that he would be glad to have the trailer park of this type as a buffer between his future residential develop- ment and the existing substandard housing in the area, and felt it would improve the area. Mayor Barnard left the meeting temporarily, and Mayor Pro Tem Young took over the Chair. No one appeared in opposition to the application. Motion by Roberts, seconded by Maldonado and passed that the hearing be closed. Commissioner Blackmon suggested that the matter be tabled for further study and conference with the Staff and the applicant to work out some of the problems involved. It was pointed out that the matter of acceptable access could be handled by making the approval subject to a proper platy and the other problems by making the approval further subject to the usual conditions applied to trailer park permits. Motion by Blackmon, seconded by de Leon and passed that a Special Use Permit for operation of a trailer park on the 7.05 -acre tract out of the south- west 10 -acre portion of Lot 21, Section 49, Flour Bluff and Encinal Fara and Car- den Tracts described in the application, be granted subject to a proper plat requiring acceptable access, and further subject to the following conditions; (1) (2) (3) (4) (5) That the applicant comply with the site plan as submitted; That outside lighting be erected in such manner that it not be detrimental to or project onto adjacent property;. Thnt n„tdoor advertising be restricted to one IOU square foot identification sign; rhnt R11 driveway ano parking surfaces for the trailer park be constructed of all-weather surfacing; That every trailer space be furnished with a conn.e^_ticn to City sewer or a private sewerage disposal system approved by the Public Works Department of the City of Corpus Christi in a::cordance with public health standards and that no community- saritary fer_ilities be permitted; City of Corpus Christi, Texas Special Council Meeting February 10, 1965 Page 9 (6) That outside plumbing be prohibited, that all trailers be modern and equipped with minimum features - commode, tub or shower, and sink; (7) That the owner or operator of the trailer park be responsible for the storage and disposal of garbage and refuse; (8) That trailer not be set on permanent foundation so as to permit ready removal at all times; (9) That a minimum open space of 10 feet in depth around each trailer be provided from adjacent property and division lines and that no building or trailer be allowed to project nearer to front building lines than the established building line in that block; (10) That all plumbing and electrical wiring meet national and local standards for trailer parks; (11) That all other regulations of Trailer Ordinance No. 786 be complied with. There being no further business to come before the Council, the special meeting was adjourned.