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HomeMy WebLinkAboutMinutes City Council - 02/14/1967 - SpecialMINUTES CITY OF CORPUS CHRISTI, TEXAS SPECIAL COUNCIL MEETING February 14, 1967 2:00 p.m. PRESENT: Mayor McIver Furman Mayor Pro Tem Jack R. Blackmon Commissioners: Patrick J. Dunne "Dr. P. Jimenez Ken McDaniel City Manager Herbert W. Whitney Assistant City Attorney Tom McDowell 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. The absence of Commissioners Wallace and Sizemore were excused for cause. Mayor Furman announced the purpose of the special meeting 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 Furman announced the public hearing on Application #167-7, Mr. M. L. Norvell for change of zoning from "R -1B" One -family Dwelling District to "B-1" Neighbor- hood Business District on Lots 11 & 12, Block 5, Del Monte Addition. Larry Wenger, Senior City Planner, located the property on the map; pointed out the zoning and land use of the surrounding area; explained that at the Commission hearing held on January 17, 1967, the applicant had appeared and stated that at present a duplex is located on the subject property, and that if the requested zoning is granted the applicant proposes to construct a Circle "K" Drive -In Grocery; that the operation would be con- ducted in a clean manner, with the hours of operation providing convenience in grocery shopping, and further stated that he had contacted a number of nearby property owners who stated they would not be opposed to such a use, and that in his opinion, would be a definite improvement for the area. Mr. Wenger stated that Mrs. Lola Sliger, owner of the property immediately to the Southeast of the subject property had appeared at the Commission hearing in favor of the zoning change; that Dr. C. R. Woolsey, 201 Ohio Street, Mrs. E. S. Joslin, 242 Ohio; Mr. Bill Marsden, 225 Ohio, Mrs. Levi Materne, 325 Ohio; Mrs. Edward H. Harte, 222 Ohio, Mrs. Simon Grossman, Mr. Bill Meredith and Mr. John M. Bruce, had appeared in opposition; that the Staff reported that 37 notices Minutes Special Council Meeting February 14, 1967 Page 2 were mailed, two received in favor, and 16 in opposition, and one letter was received in opposition from beyond the statutory 200 -foot notification area; and that the Staff's recom- mendation was that the request be denied on the basis that approval would constitute spot zoning and would have a deteriorating effect on the residential character of the area. No one appeared in support of the foregoing zoning request. A large number of persons appeared in the audience and indicated by the show of hands their opposition to the zoning change as requested. Motion by McDaniel, seconded by Dunne and passed that the hearing be closed. Motion by Blackmon, seconded by McDaniel and passed that the recommendation of the Zoning and Planning Commission be concurred in and that Application #167-7, Mr. M. L. Norvell, for change of zoning from "R -1B" One -family Dwelling District to "B-1" Neighborhood Business District on Lots 11 & 12, Block 5, Del Monte Addition, be denied on the basis that approval would constitute spot zoning and would have a deteriorating effect on the residential character of the area. Mayor Furman announced the public hearing on Application #167-8, Mr. Claude E. Birge, for change of zoning from "F -R" Farm Rural District to "13-4" General Business District and "1-2" Light Industrial District on a 4.386 -acre tract of land out of the North- west portion of Lot 10 of the Harney Partition situated between the Interstate Highway 37 Right of Way and Leopard Street and approximately midway between Hart Road and Callicoatte Road. Larry Wenger located the property on the map; pointed out the zoning and land use of the surrounding area; explained that at the Commission hearing held on January 17, 1967, the applicant had appeared in support of his application; that no one had appeared in opposition; that the Staff reported 8 notices were mailed, one received in favor and none in opposition to the request; and that it was the recommendation of the Staff that the re- quest be denied on the basis that approval would constitute spot zoning which is contrary to good land use principles. Mr. Wenger stated that it was the recommendation of the Zoning and Planning Commission that the request for "1-2" Light Industrial District bedenied but in lieu thereof "B-4" General Business District be granted on the full depth of the subject property. Minutes Special Council Meeting February 14, 1967 Page 3 Mr. Claude Birge, the applicant, appeared and stated that he requested "B-4" General Business District on the Southern most 250 feet of the subject property for the construction of a small shopping center, and on the remainder of the property he requested "1-2" Light Industrial zoning for light warehousing; that his plans are definitely for light industry, creating no noise, smoke or traffic hazards; stated he does not feel this would detract from the appearance of the neighborhood; and that he would be willing to screen if so stipulated. Mr. Birge futher stated that he had hoped for Light Industrial zoning, but that "B-4" would be acceptable. No one appeared in opposition to the foregoing request. Motion by McDaniel, seconded by Dunne and passed that the hearing be closed. Motion by McDaniel, seconded by Blackmon and passed that the foregoing applica- tion be tabled for further consideration. * Commissioner Jimenez reported at the meeting. Mayor Furman announced the public hearing on Application 0167-9, Edgar M. Linkenhoger, Trustee, for change of zoning from "B-4" General Business District to "1-2" Light Industrial District on a 13.46 -acre tract fronting on the Westerly Right of Way Line of Nueces Bay Boulevard, situated between Leopard Street and Buddy Lawrence Drive. Larry Wenger located the property on the map; pointed out the zoning and land use of the surrounding area; explained that at the Commission hearing held January 17, 1967, Mr. Cecil Burney, attorney, had represented the applicant, and stated that if the request is approved the subject property will be used as a mail processing center for some 50 post offices in the area. Mr. Wenger stated that two other persons had appeared in favor of the request and one in opposition; that the Staff reported 55 notices were mailed, 9 were received in favor and none in opposition; and that it was the recommendation of the Staff that the request be denied, but in lieu thereof a Special Permit be granted for a governmental building; that it was the recommendation of the Zoning and Planning Commission that the application be approved on only that portion to be utilized as a Federal Government facility subject to a proper plat indicating that portion to be utilized by the Federal Govern- ment, and further subject to adequate screening for the protection of the adjacent residential area. Minutes Special Council Meeting February 14, 1967 Page 4 Mr. Cecil Burney, attorney, spoke on behalf of the applicant, and pointed out that the property is ideally situated, lying between Leopard Street and Interstate Highway 37; that the architect's plan for the center has not, as yet, been furnished by the Government; that the Government has an option on the subject property contingent upon, among other things, the change of zoning as requested; that if the option is exercised, the Government intends to utilize five to six acres for a period of 40 years. Mr. Burney stated that he had contacted the United States Government concerning the substitution of a Special Council Permit for light industrial zoning on the subject tract, and that the answer was negative, but that he had been assured that the Government would build on the property if it is zoned "1-2". Mr. Burney further pointed out that the metes and bounds description, as set out in the letter sent to the City and Zoning and Planning Commission, marked Exhibit "A", is incorrect due to an error in the survey, but stated that it is understood that it is the same 4.9 -acre tract under consideration, and that the exact field notes will be obtained and submitted before an ordinance is written. In answer to questions from the Council, Mr. Burney stated that he did not know why the Government would not accept a Special Council Permit, but that they have been assured that the Government will purchase the property if rezoned. Mr. David Cook, attorney, representing Mr. D. W. Grant, property owner immediately to the South, appeared and stated that his client was in favor of the requested zoning change, and felt that approval would be beneficial to the surrounding area. No one else appeared in favor or in opposition to the foregoing request. Motion by Jimenez, seconded by Dunne and passed that the hearing be closed. Motion by Blackmon, seconded by Dunne and passed that Application #167-9, Edgar Linkenhoger, Trustee, for change of zoning from "B-4" General Business District to "1-2" Light Industrial District on a 13.46 -acre tract fronting on the Westerly Right of Way line of Nueces Bay Boulevard, situated between Leopard Street and Buddy Lawrence Drive, be approved, on only that portion to be utilized as a Federal Government facility of 4.9 -acres subject to a proper plat indicating that the portion to be utilized by the Federal Govern- Minutes Special Council Meeting February 14, 1967 Page 5 ment, and further subject to adequate screening for the protection of the adjacent residential area, and also subject to a proper plat showing metes and bounds description of the property, and that an ordinance be brought forward effectuating this change. Mayor Furman announced the public hearing on Application #167-10, Billy Dawe, for change of zoning from "R -1B" One -family Dwelling District to "A-1" Apartment House District on Lots 16 and N. 45' of Lot 17, Block 6, Woodlawn Estates No. 1. Larry Wenger located the property on the map; pointed out the zoning and land use of the surrounding area; explained that at the Commission hearing held on January 17, 1967, no one had appeared in behalf of the application; that Charles J. Jackson, Chairman of the Zoning and Planning Commission had read the applicant's letter of request, stating that the applicant proposed to erect a medium density apartment complex on the subject property; that six other persons had appeared in opposition to the application. Mr. Wenger stated that the Staff had mailed out 17 notices, one received in favor and one in opposition; that the Staff's recommendation was that it be approved as a good transition between the business zoning along Padre Island Drive and the existing single-family zoning in the area; and that the Commission had recommended that it be forwarded to the City Council with the recommendation that it be denied. Mr. Billy Dawe, applicant, appeared in behalf of his application and stated that he had no immediate plans for the development of his property near Padre Island Drive; that he had hoped to develop a nine -unit apartment on his property on Clare Drive, and he had purchased the property with the understanding that its zoning would allow apartment con- struction, but had found out later that there had been an error in platting. Mr. Robert T. Hutchins, owner of property immediately south of the subject property, appeared and opposed the request stating he felt the change would constitute spot zoning; that multiple dwellings would lower property values and create traffic congestion along Clare Drive. Mr. Hutchins also stated that in his opinion, it was inconsistent with good business to construct a $60,000 apartment complex on a $15,000 lot, and further stated that since there is no specific plan as to the type of apartments to be built, it would be a detriment to the neighborhood in the event a low rental complex were developed. Minutes Special Council Meeting February 14, 1967 Page 6 Mr. Robert M. Veselka, owner of Lots 8 & 9, on Woodlawn immediately behind the property in question, appeared and opposed the zoning change, stating that he would prefer to keep the neighborhood in its present quiet state, and would be willing to sacrifice any enhancement business zoning would generate in order to keep the neighborhood quiet. Mr. Hutchins stated that he did not receive a notice of the public hearing of today, and inquired as to the reason; also stated that should the Council elect to grant apartment zoning on the property in question, he would ask that a solid masonry fence be installed to screen the property, before construction begins. City Manager Whitney stated that Mr. Hutchins' name appeared on the mailing list of property owners within the statutory 200 -foot notification area, and City Secretary Kring stated the notices were mailed February 8, 1967. In answer to question from the Council, Mr. Dawe stated that he plans to build a 9 -unit brick vaneer single story complex; that there will be adequate parking in front; that because of the error in platting and the elapse of time brought about by this difficulty, he is uncertain as to his financial backing. Motion by Dunne, seconded by Jimenez and passed that the hearing be closed. Motion by Blackmon, seconded by Jimenez and passed that the foregoing application be tabled for further consideration. There being no further business to come before the Council, the meeting was adjourned.