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HomeMy WebLinkAboutMinutes City Council - 12/06/1966 - SpecialMINUTES CITY OF CORPUS CHRISTI, TEXAS SPECIAL COUNCIL MEETING December 6,1966 1:00 p. m. PRESENT: Mayor McIver Furman * Mayor Pro Tem Jack R. Blackmon Commissioners: Patrick J. Dunne Dr. P. Jimenez Ken McDaniel Ronnie Sizemore Wm. H. Wallace* City Manager Herbert W. Whitney Asst. City Attorney Tom McDowell City Secretary T. Ray Kring Mayor Pro Tem Jack R. Blackmon called the meeting to order. City Secretary T. Ray Kring called the roll of those in attendance. Mayor Pro Tem Blackmon announced the purpose of the special meeting was to hold public hearings on four zoning applications and such other business as might properly come before the Council, and explained the procedure to be followed. Mayor Pro Tem Blackmon announced the public hearing on Application #1166-1, Mrs. Helen Boyajian Issac, for change of zoning from "R -1B" One -family Dwelling District to "B-1" Neighborhood Business District on Lot 1, Block 2, Temple Addition. Larry Wenger, Senior City Planner, located the property on the map and pointed out the .zoning ..and ,.land use of the -surrounding .:area;: stated that the property is now vacant, located in a predominently one -family dwelling zone; explained that at the Commission hearing held November 8, 1966, Mr. Gil Garza, attorney had represented the applicant and stated that the applicant proposed to construct a 1500 square foot building on the property to be occupied by a barber and beauty shop; that Joe Garza and Mrs. Rebecca Gutierrez, had appeared in opposition and stated that they opposed the granting of "B-1" zoning because of certain objectional uses permitted in this type of zoning, but would not object to a Special Permit for a barber and beauty shop; that no one had appeared in favor of the request; that the Staff had mailed out 31 notices, none received in favor and one in opposition; and that the Staff had recom- mended that the application be denied on the basis that further business in this area would tend to break down the residential character of the neighborhood and could create a major traffic problem at this point; that the recommendation of the Zoning and Planning Commission was that the application be denied, but in lieu thereof a Special Permit be granted subject to "B-1" regulations and forbidding the sale of * Arrived late for meeting - attending another meeting. Minutes Special Council Meeting December 6, 1966 Page 2 alcoholic beverages on the premises. Mr. Gil Garza, attorney representing the applicant, appeared and stated that Mrs. Issac proposes to construct a 1500 square foot building on the property in question and that it is to be used for a barber and beauty shop; described the property proximity to existing business zoned property and stated that in his opinion the proposed develop- ment would enhance the appearance of the area, and that he did not believe his client would be satisfied with a Special Permit. Mrs. S. B. Gonzales, 3246 Greenwood, appeared in opposition to the foregoing application, on the basis that the establishment of a business at this location would create a serious traffic hazard at the intersection of Belton and Sarita Streets; that there are over 900 children attending Crockett School nearby, and that there are school children enrolled in the Catholic School two and one-half blocks from the location in question; that children have been victims of traffic accidents in this area; and that there is a drainage problem in this area, forcing school children to use the middle of the street during rainy weather; and further, that the granting of this application would be an encroachment into a residential area. Also present and opposing the granting of this request were Mrs. Lorenzo Saenz, 3249 Sarita Street; Rebecca Gutierrez, 3701 Sarita Street; Rafael Laguilera, 3705 Sarita and Mrs. Juanita P. Leal, 3706 Sarita. No one else appeared in connection with the foregoing application. Motion by Jimenez, seconded by Dunne and passed that the hearing be closed. Motion by Jimenez, seconded by Dunne and passed that Application #1166-1, Mrs. Helen Boyajian Issac, for change of zoning from "R -1B" One -family Dwelling District to "B-1" Neighborhood Business District on Lot 1, Block 2, Temple Addition be tabled for further consideration. Mayor Pro Tem Blackmon announced the public hearing on Application #1166-3, Mrs. J. L. Alphin, for change of zoning from "R -1B" One -family Dwelling District to "B-4" General Business District on a portion of Lot 23, Section 54 of the Flour Bluff & Bncinal Farm F. Garden Tracts located on the Westerly right of way line of Laguna Shores Road approximately 97 feet Southwest of the intersection of Gadwell Street and Laguna Shores Road, having a frontage of 97 feet along the Westerly right of way line of Laguna Shores Road and extending 448 feet for its depth. Minutes Special Council Meeting December 6, 1966 Page 3 Larry Wenger, located the property on the map and described the zoning and land uses of the surrounding area; stated that the applicant had appeared at the Commission hearing held on November 8, 1966, in behalf of the request; that no one had appeared in opposition; that the Staff reported that 32 notices were mailed out and none re- ceived either for or against; and that the Staff bad recommended that the request be denied on the basis that approval would constitute spot zoning. Mr. Wenger stated that it was the recommendation of the Zoning and Planning Commission that the appli- cation be approved, and that the zoning change extend only to a depth of 160 feet. Mrs. J. L. Alphin,,applicant, appeared in support of her application and stated that it is her intention to re -open a business at this location; that prior to the death of her husband and while still outside the City limits they operated an outboard motor repair shop on the property; that she now proposed to lease the building for use as an auto body shop; and stated that the 160 -foot depth as recommended by the Zoning and Planning Commission would be acceptable. No one appeared in opposition to the foregoing application. Motion by Sizemore, seconded by Dunne and passed that the hearing be closed. Motion by Sizemore, seconded by Jimenez and passed that the recommendation of the. Zoning and Planning Commission be concurred in and that Application #1166-3, Mrs. J. L. Alphin, for change of zoning from "R -1B" One -family Dwelling District to "B-4" General Business District on a portion of Lot 23, Section 54 of the Flour Bluff & Encinal Farm & Garden Tracts located on the Westerly right of way line of Laguna Shores Road approxi- mately 97 feet Southwest of the intersection of Gadwell Street and Laguna Shores Road, having a frontage of 97 feet along the Westerly right of way line of Laguna Shores Road and extending 448 feet for its depth, be approved, but that it extend only to a depth of 160 feet, and that an ordinance be brought forward effectuating this change. Mayor Furman and Commissioner Wallace reported at_the Meeting at this time. Mayor Furman announced the public hearing on Application 1166-4, Mrs. Edith Shields, for change of zoning from "R -1B" One -family Dwelling District to "AB" Professional Office District on Lot 6, Block 4, Green Acres Village No. 1. Larry Wenger located the property on the map and described the zoning and land uses of the surrounding territory; stated that the applicant had appeared in support of the application at the Commission hearing held on November 8, 1966, and presented a petition Minutes Special Council Meeting December 6, 1966 Page 4 containing the signatures of 24 neighboring property owners expressing their approval of this application. Mr. Wenger stated that three persons had appeared in favor of the application and two in opposition; that the Staff reported that 32 notices were mailed, eight received in favor and two in opposition; and that the Staff had recommended that it be denied on the basis that approval would constitute spat zoning and would have a deteriorating effect upon the residential character of the area; that it was the recom- mendation of the Zoning and Planning Commission that the application be denied, but in lieu thereof a Special Permit be granted for the operation of a one -chair, one -operator beauty shop for a period not to exceed two years, and further, provided that there be no outdoor advertising. Mrs. Shields spoke in behalf of her application and stated that she is not parti- cularly interested in the zoning, but would like a Special Permit to allow the continued operation of her beauty shop in her home to enable her to be with her baby and sick mother. Mrs, Christine McKinney, resident of Lot 4, directly across the street from the lot in question, appeared in favor of the application, and stated that in her opinion the operation of the proposed one -chair, one -operator beauty shop would present no traffic problem, and would not be objectionable in any way. City Manager Whitney stated that a letter had been received from Mr. Virgil Howard, attorney representing Mrs. Wanda Gregory who lives at 925 Zarsky and next door to the property in question, in which he stated that Mrs. Gregory strongly objects to the requested change on the basis that it would be spot zoning; would create a traffic hazard; and that there appears to be no hardship or equitable reason for this request, inasmuch as her husband is employed; and that the objection would apply also to the granting of a Special Council Permit. In rebuttal to the foregoing objection, Mrs. McKinney stated that there exists a noisy combo in the neighborhood which is far more distracting than the operation of the beauty shop. Motion by Jimenez, seconded by Blackmon and passed that the hearing be closed. Motion by McDaniel seconded by Blackmon and passed that Application #1166-4, Mrs. Edith Shields, for change of zoning from "R -1B" One -family Dwelling District to "AB" Professional Office District on Lot 6, Block 4, Green Acres Village No. 1, be tabled for further consideration. Minutes Special Council Meeting December 6, 1966 Page 5 Mayor Furman announced the public hearing on Application #1166-6, Mr. Roy Smith for change of zoning from "R -IB" One -family Dwelling District to "B-4" General Business District on a 44.7 -acre Tract, including a portion of Lots 6, 7 & 8, Section 3, Flour Bluff & Encinal Farm and Garden Tracts and all of Blocks "G" and "dl", Mt. Vernon Shop- ping Center, located on the Westerly right of way line of South Staples Street, between Padre Island Drive and McArdle Road. Larry Wenger located the property on the map as being between Padre Island Drive and McArdle Road, and described the zoning and land uses of the surrounding area; stated that at the Commission hearing held on November 8, 1966, Mr. Ward Steinbach, attorney, had represented the applicant, and stated that his clients, Mr. Roy Smith and Mr. Ennis Joslin, had requested this change to enable them to construct an air conditioned mall - type shopping center of approximately 544,000 square feet; that three persons had appeared at the hearing in favor of the request and two persons spoke in opposition; that the Staff reported 30 letters mailed out; three received in favor and six in opposition; that the Staff had recommended that it be approved subject to a proper plat and adequate screening for tre protection of the residents in the Mt. Vernon Addition; and that it was the recommendation of the Zoning and Planning Commission that the application be approved subject to a proper plat, a site plan and the erection of a six- foot masonry fence designed to meet specifications imposed by the Department of Public Works. Mr. Roy Smith, applicant, appeared in support of his application, displayed the architect's sketch of the proposed development, and stated this is not for speculation, but that they have a firm conmaittment from a major tenant and they are now ready to proceed with construction of the ultra modern air conditioned mall. Mr. Ward Steinbach, attorney representing the applicant, stated that he would rot take up unnecessary time to re -state the proposal, but that he would answer any questions the Council had. In answer to questions from members of the Council, Mr. Steinbach stated that construction could begin within 12 months after the zoning change is granted, and possibly within 7 months, pending approval of preliminary plans; and that the parking area is more than adequate. Minutes Special Council Meeting December 6, 1966 Page 6 Mr. Ennis Joslin, spoke in support of the request and stated that the owners of this property have been trying to keep this property intact for a long time in antici- pation of this type of development; that it will not only enhance the value of the surrounding properties but will be a credit to Corpus Christi as a whole; stated that it will involve a sizeable expenditure, and that the owners would not undertake such development if it were not good. Mr. Tom Swantner, Swantner Investment Corporation, spoke in favor of the request, and stated that the development as proposed by the applicant, would be comparable to that of the North Star Mall in San Antonio and of Sharpstown in Houston; that this location is the ideal location for such a development; that in his opinion the surround- ing properties will be enhanced in value, but that he would favor adequate screening. Mr. Bruce Collins, Sr., appeared and stated that the proposed development of this area would be a tremendous asset to the City of Corpus Christi, and that he was very much in favor of the request, Mr. W. A. Holeman, spokesman and Chairman of the Board and representing the Trinity Methodist Church located across McArdle Road from the subject property, stated that they were not opposed, but that certain aspects such as traffic patternsand=hazards of the site plan should be discussed with the Church and the abutting residential property owners; and that otherwise, they felt the proposed center would be an asset to the community and would enhance property values. Mr. Albert Campbell appeared in opposition, stating that he was not necessarily opposed to the proposed shopping center but was concerned with the type of structures as two-story buildings, property lines, adequate screening, parking, location of incinerators, increased noise, and drainage, and that with these reservations he would have no objections. Mr. Steinbach, stated in regard to the drainage problem, that engineers are working on the drainage problem, and that the plat indicates that there are to be storm sewers; that the applicants would agree to any type of screening; and that the traffic problems and parking have been discussed with the City Traffic Engineer, and he was certain they could be resolved. No one else appeared in opposition to the foregoing application. Motion by Blackmon, seconded by Dunne and passed that the hearing be closed. Minutes Special Council Meeting December 6, 1966 Page 7 Motion by Sizemore, seconded by Blackmon and passed that the foregoing application be tabled for one week for further consideration. Mayor Furman stated the Council would recess for a brief period before the scheduled discussion with the Ingleside residents and officials in connection with a request that Corpus Christi relinquish extraterritorial jurisdiction of area boundaries. Mayor Furman reconvened the meeting. There being no further business to come before the Council in connection with the foregoing four zoning applications, motion by Blackmon, seconded by Dunne and passed that the Special Meeting be adjourned.