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HomeMy WebLinkAboutMinutes City Council - 08/21/1967 - SpecialPRESENT: MINUTES CITY OF CORPUS CHRISTI, TEXAS SPECIAL COUNCIL MEETING August 21, 1967 3:30 p.m. Mayor Jack R. Blackmon Mayor Pro Tem Ronnie Sizemore Commissioners: Dick Bradley, Jr. Jack Grant Gabe Lozano, Sr. Ken McDaniel Assistant City Manager Marvin Townsend City Attorney I. M. Singer City Secretary T. Ray Kring Mayor Blackmon called the meeting to order. City Secretary T. Ray Kring called the roll of those in attendance. Mayor Blackmon announced the purpose of the special meeting to hold public hearings on three zoning applications, and such other business as might properly come before the Council, and explained the procedure to be followed. Mayor Blackmon announced the public hearing on Application #767-1, Mrs. Margaret Lorenz, for change of zoning from "R-2" Two-family Dwelling District to "AB" Professional Office District for operation of a beauty salon on Lots 57, 58, 59 & 60, Block 810, Alameda Place, 3054 South Alameda. Larry Wenger, Senior City Planner, located the property on the map; pointed out the zoning and land use of the surrounding area; stated that at the Zoning and Planning Commission hearing held on July 18, 1967, Mr. Sam Allen, realtor, had represented the applicant and stated that Mr. Fisher wished to buy the property to operate a beauty shop. Mr. Wenger stated that the Staff reported that 27 notices were mailed, one was received in opposition and two in favor; that no one had appeared at the hearing in opposition; that the Zoning and Planning Staff had recom- mended that the application be denied on the basis that the present zoning is sufficient, and the recommendation of the Zoning and Planning Commission was that the request be approved as submitted. Mr. Thomas Givens appeared on behalf and in the absence of the applicant, and pointed out the various types of business in the entire block, including the Conway Studio of Music and a dentist office; stated that there would be no alterations to the building except a small addition to the rear for the location of the air conditioning unit, and further stated that if the zoning is granted, they will move immediately to this location, and that in his opinion, the requested use is the highest and best use of the property. Minutes Special Council Meeting August 21, 1967 Page 2 No one appeared in opposition to the foregoing application. Motion by Sizemore, seconded by Bradley and passed that the hearing be closed. Motion by Bradley, seconded by Grant and passed that the recommendation of the Zoning and Planning Commission be concurred in and that Application #767-1, Mrs. Margaret Lorenz, for change of zoning from "R-2" Two-family Dwelling District to "AB" Professional Office District for the operation of a beauty salon on Lots 57, 58, 59 & 60, Block 810, Alameda Place, 3054 South Alameda, be approved as submitted, and that an ordinance be brought forward effectuating the change. Mayor Blackmon announced the public hearing on Application #767-2, Mr. Eliseo Villasenor, for change of zoning from "A-2" Apartment House District to "1-2" Light Industrial District for a wholesale auto supply business on Lots 7 & 8, Block 14, Paul Court, 1621 Lipari Street, Larry Wenger located the property on the map; described the zoning and land use of the surrounding area; stated that at the Commission Hearing held July 18, 1967, Mr. Faires Wade, attorney, appeared on behalf of Mr. Villasenor and pointed out to the Commission that the applicant is 97 years old and lives at the Horizon House, and that he has subsistence for only two more months; that he owns several pieces of property within the City; that if this zoning is granted, he can sell the subject property to a prospective purchaser for a wholesale auto supply business; that at present a two-story building is located on the property which was condemned in June by the City, and that his client does not have enough money to remove the building or bring it up to standard at this time, and pointed out that it would improve the character of the area if the property could be sold to the prospective purchaser so that a more modern building could be erected. Mr. Wenger stated that Mr. 5. J. Becker, an agent for the Paul Harron Real Estate Company, and Wayne Mitchell, Manager of the wholesale auto supply business appeared in support of the application; that five persons had appeared in opposition; that the Staff reported 24 notices were mailed, four were received in favor and five in opposition; that the recommendation of the Staff was that the application be denied on the basis that the present zoning is sufficient, and that the recom- mendation of the Zoning and Planning Commission was that "1-2" zoning be denied but in lieu Minutes Special Council Meeting August 21, 1967 Page 3 thereof a Special Use Permit be granted for a wholesale auto supply business subject to proper screening and off-street parking to be shown on the site plan and sign requirements be restricted to "B-1" regulations. Mr. Virgil Howard, attorney, appeared representing the applicant, and introduced Mr. Paul Hamon and Mr. S. J. Becker, real estate agents for the estate of the applicant. Mr. Harron pointed out that the proposed store would not be open on Sundays or late on Saturday afternoons, and will be closed before the Wednesday evening church services of the Kelsey Memorial Methodist Church; stated that in his opinion, this is a logical location for this type of business, and will only be an extension of the zoning already existing in the area; and that the change will be in the public interest as well as for the applicant. Mr. Becker, stated that he had a contract with the Wayne Bull Company, Inc., located at 915 N. Water Street, to purchase this property and move their present operation to this location. He presented pictures showing their operations in San Antonio and other cities, which were in areas similar to this one, and stated that they had acquired undesirable sites and improved them. He pointed out that they would be able to provide off-street prarking and proper access to the property, which would not hinder the flow of traffic along the service road. Mr. Wayne Mitchell, Manager of the local store, appeared and inquired as to the restrictions on the Special Use Permit as recommended by the Zoning and Planning Commission. Mr. Howard stated that the prospective purchaser is not interested in the Special Use Permit, stating that it will be of no use to his client and will not provide the financial help needed at this time. Mayor Blackmon explained that a Special Use Permit world be for one owner only, and that other owners or prospective buyers would have to apply for a new permit. Mayor Blackmon stated that a letter had been received from Mr. Richard Valdez, owner of Lot 9, facing on Lipan Street, in favor of the request. Mr. Hector DePena, attorney, representing the Kelsey Memorial Methodist Church and Mr. Frank Field who is Chairman of the Board of Trustees, appeared and stated that the Church has an investment of over $200,000 on Lots 1, 2, 3, & 4; that they had just spent $2,500 on a parking Minutes Special Council Meeting August 21, 1967 Page 4 lot which is located at the rear of the church, and tho+ it is the feeling of the church members that the added traffic generated from this type of business would interfere with their parking facilities; stated that the church now has a membership of 500; that condemnation of property for the freeway had diminished the membership, and that they fear the advent of the proposed operation would mean they would lose more members and that they will eventually be displaced from the area. Mr. DePena further stated that one property owner, Mr. Abel Guerra, who had originally stated he was in favor of the zoning change, had since changed his mind and is now opposed. Others appearing and speaking in opposition to the zoning change were Mr. Domingo C. Garza, Juan M. Flores, and Abel Guerra, stating they concur in the statements of Mr. DePena, and that they feel the proposed operation would increase the traffic on Lipan and endanger the lives of school children who have to cross Lipan street to and from school; pointed out that there are three schools in this area and that there have been a total of 16 accidents in the past two years at the intersection of Lipan and Brownlee. It was also pointed out by the opposition that there are numerous vacant buildings on Leopard Street which could be used for the proposed operation. Mr. Howard stated that it appears the Church is unreasonable in trying to promote its private interest ahead of a public interest, stating that one of the Church lots is already zoned "1-2" which extends up to the property proposed to be rezoned; stated that the character of this neighborhood has changed; that the property surrounding the subject property is not saleable as residential property, and they are asking that they be allowed to use it, in their opinion, for the highest and best use. Motion by McDaniel, seconded by Grant and passed chat the hearing be closed. Motion by Grant, seconded by McDaniel and pouted that the foregoing application be tabled for further consideration. Mayor Blackmon announced the public hearing on Application #767-3, Mr. T. C. Wilemon, for change of zoning from "R -1B" One -family Dwelling District to "A-2" Apartment House District for an 80 -unit Apartment Complex, on Lot 1, Cheaney Subdivision and Tracts Number 10 & 11 of the Kathryn Carroll Subdivision (unrecorded). Minutes Special Council Meeting August 21, 1967 Page 5 Larry Wenger located the property on the map; pointed cut the zoning and land use of the surrounding territory; stated that at the Commission hearing held on July 18, 1967, Mr. Joseph Hans, architect had appeared representing the applicant and described the proposed development, stating that a loan has already been approved; that it will be of brick vaneer, and that the project will be under way as soon as the zoning is granted. Mr. Wenger stated that one other person had appeared in favor of the application and five other property owners in the area had appeared in opposition; stated that the Staff mailed out 54 notices, one returned in favor and eleven in opposition; that it was the recommendation of the Zoning and Planning Staff that the application be denied on the basis that the present zoning is sufficient; and that the recommendation of the Zoning and Planning Commission was that it be denied, but in lieu thereof "A-1" Apartment House District be granted subject to a proper plat. Mr. Joseph Hans, architect, appeared on behalf of the applicant and stated he felt the street would be adequate to handle the proposed development; that in his opinion the request did not constitute spot zoning as they are not requesting a change from residential to business zoning but are asking for "A-2" which is a form of residential; that they pian to dedicate to the City approximately 7500 square feet for street right of way and feel that the street is adequate to handle the development; pointed out that the property is listed on the tax rolls at approximately $13,750, and if the develop- ment materializes, the value will rise to approximately $346,000 which will mean considerable more revenue to the City. Mr. Hans pointed out and presented pictures of the run-down condition of the area and noted that it was not suitable for single-family residences because of the cost of the ?or,d, and that the proposed development would be an asset to the neighborhood. Mr. hors f.,rther crated that the subject property could be developed as a cul-de-sac similar to the one in Ray 'Heigh's. He further stated that since the Commission hearing, their request had been modified to the effect that there will be 1330 square feet per apartment unit with 72 units instead of 80, presented the Council with new plans to replace the original plans, and asked that the Council consider the zoning request on that basis, which they feel resolves the problem of playground area. Mr. Torn Swantner, Jim Flemming, Thomas Givens and Sam Main appeared in favor of the zoning change. Mr. Swantner stated that, based on his past experience, 72 percent of the occupants of developments of this type are childless tenants, and that the matter of playground area seldom presents a serious problem. Minutes Special Council Meeting August 21, 1967 Page 6 Mr. John Nolan, 3516 Cottonwood, appeared and opposed the proposed zoning change, and stated that the owners of the five lots directly across the street from the subject property on Cottonwood street did not receive notices prior to the Commission hearing; took exceptions to the remarks of Mr. Hans that the condition of the neighborhood is run down, stating that this has been his home for almost two years and that he considers it a very nice home, as well as many others in the area. Mr. Nolan stated that he is opposed to the proposed development because of the traffic problems in the area; stated that Carroll Lane and Cottonwood Street are very narrow and not adequate to handle the present traffic; that parking would be further congested, stating that yards and driveways are now being used for parking; that residents will be forced to install curbing to protect their yards; that noise will be increased, and that the children will rot be able to continue to enjoy the freedom of crossing from one yard to another; stated that trash receptacles from developments of this type are usually inadequate and unkempt; that the conduct of these tenants is undesirable; and that the valuation of the property will deteriorate in general. Mayor Blackmon stated,in connection with the parking problem, that if the zoning change is granted it will be conditioned on the filing of a plat for additional street right of way, and that internal parking probably will be required. Mrs. Ben Goodwin, 1333 Ray Drive, appeared as spokesman for eleven other property owners in the audience who indicated their opposition by the show of hands. Mrs. Goodwin presented a petition signed byenine residents and enumerated nine reasons on which the opposition is based: (1) that it would constitute spot zoning; (2) create traffic hazards along Carroll Lane; (3) bring undue traffic on the Cottonwood deadend street; (4) increase trcffic at Carroll Lane at Stop:es cased by construction of the apartments; (5) violate privacy of property owners; (6) rause a serious strain on drainage and sewage facilities; (7) violate space requirements under City ordinances; (8) is in contradiction to the Planning Staff's recommendation; and (9) rezoning will place a burden on property owners in that it will depreciate property values. Others appearing and speaking in opposition to the zoning request and generally concurring in the statements of Mr. Nolan and Mrs. Goodwin, were Mrs. Fritz Nelson, 3601 Cottonwood; Mrs. William Ward, 3510 Cottonwood; Mrs. Henry Brown, 3929 Carroll Lane; and Mrs. Duane Sandlin, 1325 Ray Drive. 1. Minutes Special Council Meeting August 21, 1947 Page 7 It waa noted that a letter had been received from Mr, Lowell Mosley, 3606 Cottonwood, in opposition to the requested zoning change. Mr. Flans modified his statement that the area in question was "run down", and stated that it was generally a very fine neighborhood, Motion by McDaniel, seconded by Grant and passed that the hearing be closed, Motion by Bradley, seconded by Sizemore and passed that the foregoing application be tabled for further consideration. There being no further business to come before the Council, the meeting was adjourfed.