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HomeMy WebLinkAboutMinutes City Council - 04/13/1966 - SpecialMINUTES CITY OF CORPUS CHRISTI, TEXAS SPECIAL COUNCIL MEETING April 13, 1966 3:00 p.m. PRESENT: Mayor McIver Furman Mayor Pro Tem Jack R. Blackmon Commissioners: Patrick J. Dunne Dr. P. Jimenez, Jr. Ken McDaniel Ronnie Sizemore Wm. H. Wallace City Manager Herbert W. Whitney City Attorney I. M. Singer City Secretary T. Ray Kring Mayor McIver Furman called the meeting to order. City Secretary T. Ray Kring called the roll of those in attendance. Mayor Furman announced the purpose of the special meeting was to hold public hearings on six zoning applications and such other business as might properly come before the Council, and explained the procedure to be followed. Mayor Furman announced the public hearing on Application #366-1, James R. Preis, for change of zoning from "R -1B" One -family Dwelling District to "R-2" Two- family Dwelling District on Lots 7A and 7B, Block 4, Cabaniss Acres. Laura Copeland, Zoning and Planning Administrative Assistant, located the property on the map and pointed out the zoning and land use of the area; explained that at the Commission hearing held March 1, 1966, the applicant appeared in favor -- f his request and two persons appeared in opposition; that eighteen letters were Sent out, and one return -was received in favor and seven returns were received in opposition; and stated that the recommendation of the Zoning and Planning Commission was that the application be denied on the basis that approval would constitute spot zoning. Mies Copeland explained that at the Commission hearing, Mr. Preis stated that he made application for a building permit to move a duplex on Lot 7B, and that he assumed he had been issued a permit for..Two-family Dwelling but woe issued a permit for a single-family dwelling; and that the duplex on Lot 78 was in violation as the property was zoned "R -1B" One -family Dwelling District. Commissioner McDaniel asked that if the application este disapproved, would the duplex remain on the property as a non -conforming use, and Mies Copeland advised that if the application were disapproved, the applicant would either have to remove the duplex or make it into a single-family dwelling. Minutes Special Council Meeting April 13, 1966 Page 2 Miss Copeland explained that the applicant had purchased these two lots as one lot; that the lot was replatted into two lots, 7A and 78; that the existing duplex on Lot 7A was a non -conforming use duplex, and had been renovated; and that the duplex on Lot 7B had been moved into a single family dwelling district and was therefore in violation. James R. Preis, applicant, appeared in favor of his application, and ex- plained that he was under the impression that all requirements had been met; that permits had been obtained for the electrical and plumbing work that was done; and that in order for the records to be correct, he was requesting the change of zoning on these two lots. Mr. Preis pointed out on a map the land use in that area; and stated that basically that whole area is non -conforming; that there are two-family dwellings as well as apartment houses; and that it would work a considerable hard- ship on him if the application were denied. Mr. Preis further stated that he owned more land in Cabaniss Acres than anyone else; that he had done much to improve the area; that the lots are quite large and approximately 190 feet deep; that there was sufficient room for driveways and parking areas on the subject property; that the duplex was a Navy Barrack building that was moved in about nine months ago and that people were living in the duplex; and urged the Council to approve the requested change of zoning. Mayor Pro Tem Blackmon stated that the map presented by Mr. Preis did not conform with the Staff map; and that if the entire neighborhood were comprised of non -conforming uses, he did not see any harm in allowing another one. Miss Copeland stated that determinations and findings on the land use and zoning were made on the basis of an actual count of mail boxes, front doors, gas meters, etc., and that the area was a non -conforming area and that Mr. Preis' map appeared to be correct. Mr. C. J. Holmes, owner of property facing on Chapman Ranch Road, Lot 1, Block 6, Cabaniss Acres, spoke in support of the application, and stated that the property owned by Mr. Preis was average or above average for the area; that he had improved the area and that his property was an asset to the community. Minutes Special Council Meeting April 13, 1966 Page 3 C. P. Kibby stated that his business was buying property, remodeling them and then selling the property; that he had sold Mr. Preis a number of buildings; that Mr. Preis had broken a rule but that it was not deliberate; and that he felt Mr. Preis had improved the neighborhood greatly. A. J. Pittman, owner of a drive-in grocery near property owned by Mr. Preis, stated that all the property owned by Mr. Preis had been a definite improvement to the neighborhood, and that he felt the request for change of zoning was in the interest of the public. No one appeared in opposition to this application. Motion by McDaniel, seconded by Wallace and passed that the hearing be closed. Motion by Blackmon, seconded by Wallace and passed that the request for change of zoning on Lots 7A and 7B, Block 4, Cabaniss Acres, be tabled for further consideration at the Workshop meeting Monday night, April 18, 1966, and that the Staff maps be up -dated to enable determination of the information presented at this hearing. Mayor Furman announced the public hearing on Application #366-2, Ray E. Peterson, for change of zoning from "R -1B" One -family Dwelling District to "I-2" Light Industrial District on an 18.99 -acre tract out of the East 1/2 of Lot 1, Section 5, Range VIII, Gugenheim and Cohn's Farm Lots, located on the Southwest corner of the intersection of Kosar Road and Cliff Maus Drive, extending 630.50 feet along Kosar Road and 1311.60 feet along Cliff Maus Drive. Miss Copeland located the property on the map and pointed out the zoning and land use of the area; explained that at the Commission hearing held March 1, 1966, the applicant appeared in favor of his request and no one appeared in opposi- tion; that eight letters were sent out, and two returns were received in favor and none in opposition; and stated that the recommendation of the Zoning and Planning Commission was that the application be approved. Commissioner Sizemore inquired about the Staff recommendation that it be denied on the basis that it is premature for the area and no public need has been shown, and Miss Copeland advised that the Staff recommendation was made prior to the Commission meeting; and that the applicant stated at the Commission hearing Minutes Special Council Meeting April 13, 1966 Page 4 that he had a contract with Lumar Gas Corporation to occupy half of the area for its plant operations. Ray E. Peterson, applicant, appeared in favor of his application, and stated that he had entered into a contract with Lumar Gas Corporation to either lease or purchase ten acres of his property; that the property had been replatted; that the nearby Bates property had one large building under construction at the present time; and urged that the application be approved. No one appeared in opposition to this application. Motion by Wallace, seconded by Sizemore and passed that the hearing be closed. Motion by Jimenez, seconded by Wallace and passed that the recommendation of the Zoning and Planning Commission be concurred in, and that the request for change of zoning from 111-1B" One -family Dwelling District to "I-2" Light Industrial District on an 18.99 -acre tract out of the East 1/2 of Lot 1, Section 5, Range VIII, Dugan - beim and Cohn's Farm Lots, be approved, and that an ordinance be brought forward effectuating this change. Mayor Furman announced the public hearing on Application $366-3, L. W. Arend, for change of zoning from "A-1" Apartment House District to "A-2" Apart- ment House District on Lot 3, Block 4, Bay Front Terrace Addition. Miss Copeland located the property on the map and pointed out the zoning and land use of the area; explained that at the Commission hearing held March 1, 1966, the applicant appeared in favor of his request and no one appeared in opposition; that nineteen letters were sent out, and that two returns were received in favor, two returns were received in favor conditionally, and three returns were received in opposition; and stated that the recommendation of the Zoning and Planning Com- mission was that the application be approved. Mayor Pro Tem Blackmon asked if this is the first "A-2" zoning proposed on Ocean Drive, and Mise Copeland stated that it is. L. W. Arend, applicant, spoke in favor of his request, and stated that the area behind his property was zoned "A-2"; that nearby lots were zoned "A-2"; Minutes Special Council Meeting April 13, 1966 Page 5 that there would be no outside change and that it would be in keeping with the architectural structure of the present buildings; that there are seven parking spaces and sufficient room to park additional cars behind these spaces without encroaching upon the area easement; and that he felt the request was reasonable and would appreciate proper consideration by the Council. City Manager Whitney presented one communication in favor of the appli- cation. No one appeared in opposition to this application. Motion by Sizemore, seconded by Wallace and passed that the hearing be closed. Motion by Wallace, seconded by Jimenez and passed that the recommendation of the Zoning and Planning Commission be concurred in, and that the change of zoning from "A-1" Apartment House District to "A-2" Apartment House District on Lot 3, Block 4, Bay Front Terrace Addition, be approved; and that an ordinance be brought forward effectuating this change. Mayor Furman announced the public hearing on Application #366-4, W. H. Hammonds, for change of zoning from "R -1B" One -family Dwelling District to "R-2" Two-family Dwelling District on Lots 42, 43 and 44, Block "P", Don Patricio Subdi- vision. Miss Copeland located the property on the map and pointed out the zoning and land use of the area; explained that at the Commission hearing held March 1, 1966, no one appeared in favor of this request and no one appeared in opposition; that a letter from J. E. Hartle in opposition was read as requested by him; that nineteen letters were sent out, and one return was received in favor and two returns were received in opposition; and stated that the recommendation of the Zoning and Planning Commission was that the application be denied on the basis that approval would constitute spot zoning. Commissioner Jimenez inquired about the Staff's recommendation that the application be denied, and Miss Copeland stated that the recommendations were based on the land use in the area and ordinance requirements for the different zoning districts, and that the recommendations were made prior to the Commission hearings. Minutes Special Council W...sting April 13, 1966 Page 6 W. H. Hammonds, applicant, spoke in favor of his application, and stated that the property was not owned by him and that they were unaware that a hearing had been held until it was voted that the application be denied; that the area was basically undeveloped and vacant and could not be considered spot zoning; and that the lots were approximately 60 x 160 feet and were large enough to permit the buildings, Mayor Pro Tem Blackmon inquired about the size of the buildings, and Mr. Hammonds stated that he warted to put three duplexes on the property; that they were three separate buildings and contained six units in all; and that the buildings were Navy barracks that would be moved on the property. J. E. Hartle, raaltor, spoke in opposition to the application, and stated that the lots are 49.2 x 145 feet and are too small for duplexes; that there was not sufficient room for driveways that most people in that area preferred more space and generally purchased two or three lots and built one house on the lots; that duplexes presented a sanitation probler; and that he opposed the zoning change on the basis that it was spot zoning and would interfere with the operation of the septic tanks. In answer to questions from the Council, Mr. Hartle stated he believed the market value of the lots in that area would be in the neighborhood of $400 to $500, and that he owned the majority of the vacant acreage in that vicinity. Motion by Sizemore, seconded by Blackmon and passed that the hearing be closed. Motion by Sizemore seconded by Blackmon that the application be tabled for one week. In discussing the motion, Commissioner Wallace stated that there was not any logic in taking a great deal of time on the application; that it was obviously spot zoning ir, a virtually undeveloped area; that people had purchased lots in an "P -1B" area; and that a motion to deny the application in accordance with the recom- mendation of the d _aff and the Zoning and Planning Commission should be voted upon. Commissioner McDaniel concurred with the foregoing remarks of Commissioner Wallace. Minutes Special Council Meeting April 13, 1966 Page 7 Mayor Furman called for a vote on the foregoing motion that the applica- tion be tabled for one week, and declared the motion had failed with Sizemore, Blackmon and Jimenez voting "Aye" and Furman, Dunne, McDaniel and Wallace voting "Nay." Motion by Wallace, seconded by McDaniel and passed that the recommendation of the Zoning and Planning Commission be concurred in, and that the request for change of zoning on Lots 42, 43 and 44, Block "P", Don Patricio Subdivision be denied. Mayor Pro Tem Blackmon stated that spending time in discussing this appli- cation was a reiteration of a matter of policy; and that the zoning applications, regardless of who applies for the change of zoning, should reveal the true owner or owners of the subject property involved. Miss Copeland advised that beginning April 26, 1966, at the next Commission meeting, the zoning applications would reveal the true owner or owners of the property involved, as well as the name of the applicant and/or his attorney if represented by someone else. Commissioner Sizemore stated that as an application had been tabled earlier in the meeting for a change of zoning to 'P-2" Two-family Dwelling District, he wanted to discuss the foregoing application further, and that was the reason for the motion to table the application. Mayor Furman announced the public hearing on Application #366-5, E. G. Horne, for change of zoning from "A-1" Apartment House District to 'B-1" Neighborhood Business District on Lots 13 and 14, Block 12, 3egrest Addition. Miss Copeland located the property on the map and pointed out the zoning and land use of the area; explained that at the Commission hearing held March 1, 1966, the applicant appeared in favor of his request and no one appeared in opposition; that eighteen letters were sent out, and that one return was received in favor and two returns were received in opposition; and stated that the recommendation of the Zoning and Planning Commission was that the application be approved. E. G. Horne, applicant, spoke in favor of his application, and stated that thirteen years ago he had purchased a building and had it moved over on Lot 13 and that he was unaware that he had moved the building into a single-family dwelling district; that he was in violation of the ordinance and wanted to correct the condi- tion; that the area contained many businesses now; and that he wanted to move another Minutes Special Council Meeting April 13, 1966 Page 8 office building on Lot 14. Mr. Horne further stated that the lot was vacant now and that the building had been approved as being appropriate for that location. In answer to questions from the Council, Mr. Horne stated the requested change of zoning was to classify both lots the same zoning. No one appeared in opposition to this application. City Manager Whitney presented one communication in opposition to the requested change of zoning. Motion by Wallace, seconded by Sizemore and passed that the hearing be closed. Motion by Wallace, seconded by Blackmon and passed that the recommendation of the Zoning and Planning Commission be concurred in, and that the change of zoning from "A-1" Apartment House District to "B-1" Neighborhood Business District on Lots 13 and 14, Block 12, Segrest Addition, be approved, and that an ordinance be brought forward effectuating this change, Mayor Furman announced the public hearing on Application #366-6, Tito Sandoval, Jr., for change of zoning from "R -1B" One -family Dwelling District to "B-1" Neighborhood Business District on a rectangular tract out of Lot 8, Section "E", Paisley's Subdivision of the Hoffman Tract, fronting 200 feet along the Northwest Right -of -Way line of Greenwood Drive, beginning at a point approximately 1300 feet Southwest of the Southwest corner of the intersection of Greenwood Drive and Horne Road, and extending 190 feet in a Northwesterly direction from Greenwood Drive for the depth. Miss Copeland located the property on the map and pointed out the zoning and land use of the area; explained that at the Commission hearing held March 1, 1966, the applicant appeared in favor of his request and no one appeared in opposi- tion; that twelve letters ware sent out, and no returns were received in favor or in opposition; and stated that the recommendation of the Zoning and Planning Commission was that the application be denied on the basis that approval would constitute spot zoning and encroachment of business into a residential area. John Waller, attorney representing the applicant, spoke in favor of the application, and stated that the applicant wanted to rezone this tract of land in Minutes Special Council Meeting April 13, 1966 Page 9 order to build a drive-in grocery store on the property; that the fill area has been filled in the area surrounding this property and would probably be a park eventually; that it was his understanding that Mr. Sandoval had obtained signatures of the people who were notified within the 200 -foot distance approving this applica- tion; and that if the written approval was not on file, he wanted permission from the Council to file this in the record. Mayor Pro Tem Blackmon stated that the hearing could be closed and that the matter be tabled in order to allow Mr Waller an opportunity to file the written approval. Mr. Waller asked if the City would want this tract of land to complete its acquisition in that area; that no direct offer had been made; and that the applica- tion should be studied on its own merits and due consideration given. In answer to questions from the Council relative to the sanitary filled area being used for a park, City Manager Whitney advised that funds were not avail- able at the present time to develop the park in the immediate future; that opera- tions had not been completed long enough to allow the filled area to settle; that the present plane were to plant grass; and that the area contains approximately 80 acres. Mr. Whitney further stated that he believed the Council had authorized negotiation with Mr. Sandoval in acquiring this tract of land and enlarging the proposed park area. Attorney Waller stated that applicant wanted to develop the property and asked the Council to consider it on that basis. No one appeared in opposition to this application. Motion by Wallace, seconded by Blackmon and passed that the hearing be closed. Motion by Blackmon, seconded by Sizemore and passed that the matter be tabled for one week in order to allow Attorney Waller an opportunity to file the written approval that had been obtained by Mr. Sandoval. Mayor Pro Tem Blackmon asked Attorney Waller to file the petition by Monday night to avoid further delay. Mayor Pro Tem Blackmon €stated that the restraining order that had been served on the Council during the regular Council meeting today by Deputy Sheriff Minutes Special Council Meeting April 13, 1966 Page 10 George Aboud, by one or more property owners in the general area of the Arts and Science Park, had been discussed by the Council, and that the City could proceed with the condemnation of this property by cross action, and asked for a legal opinion from City Attorney Singer, City Attorney Singer advised that litigation on the properties in this action could be held at one time in court, and that he had drawn up an ordinance to this effect. City Manager Whitney read and presented the following ordinance for action by the Council: ORDINANCE NO. 7982 AUTHORIZING EMINENT DOMAIN PROCEEDINGS BY THE CITY OF CORPUS CHRISTI TO CONDEMN FEE TITLE TO CERTAIN LOTS OR PARCELS OF LAND, DESCRIBED AS LOT 10, BLOCK 94, BEACH PORTION, AN ADDITION TO THE CITY OF CORPUS CHRISTI;LOT 11, BLOCK 94, BEACH PORTION, AND LOT 12, BLOCK 94, BEACH PORTION, IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, OWNED RESPECTIVELY BY CLAY C. MOORE AND WIFE, IRENE MOORE; JEWEL RUYLE TEEL; AND LAWRENCE C. FRENCH; DESIGNATING SAID CONDEMNATION AS BEING NECESSARY TO ACQUIRE THE SUBJECT PROPERTY OR PROPERTIES WITHIN THE CORPORATE LIMITS OF THE CITY OF CORPUS CHRISTI FOR PARR, OR SCIENCE PARK, AND OTHER MUNICIPAL PURPOSES; DIRECTING THE CITY ATTORNEY TO INSTITUTE PROCEEDINGS TO CARRY OUT THE INTENTION OF THIS ORDINANCE; AND DECLARING AN EMERGENCY. The Charter rule was suspended and the foregoing ordinance was passed by the following vote: Furman, Blackmon, Dunne, Jimenez, McDaniel, Sizemore and Wallace, present and voting "Aye." In answer to a question from Commissioner Dunne relative to the time that the restraining order was filed; Deputy Sheriff Aboud advised that the restraining order had been received at 2:00 p.m. and that it had to be served as soon as possible. There being no further business to come before the Council, the special meeting was adjourned,