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HomeMy WebLinkAboutMinutes City Council - 10/24/1967 - SpecialPRESENT: Mayor Jack R. Blackmon Commissioners: Dick Bradley, Jr. Dr. P. Jimenez, Jr. Gabe Lozano, Sr. Ken McDaniel MINUTES CITY OF CORPUS CHRISTI, TEXAS SPECIAL COUNCIL MEETING October 24, 1967 2:00 p. m. City Manager Herbert W. Whitney Assistant City Attorney Bob Young City Secretary T. Ray Kring Mayor Jack R. Blackmon called the Special Meeting to order, and announced the purpose of the meeting to hold public hearings on five zoning applications and one Appeal, 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 #967-6, Mr, and Mrs. Frank P. Blalock, for change of zoning from "R -1B" One -family Dwelling District to "B-1" Neighborhood Business District on a portion of Lot "Q", Travis Addition, Unit 3, located on the Southwest corner of the intersection of Carroll Lane and Dalraida Drive, having 100' on Carroll Lane and siding 150' on Dalraida Street. Larry Wenger, Senior City Planner, presented the application and described the zoning on the land use map; stated that the property is presently occupied as a single family dwelling, and that the surrounding area is predominently single family use; stated that at the Commission hearing held on September 26, 1967, Mr. Dave Coover, attorney, had represented the applicants and stated that the property is proposed to be used as a location for a Circle K Drive-in Grocery. Mr, Wenger stated that no one had appeared in opposition; that the Staff had reported 12 notices were mailed, three received in favor and none in opposition, and that it was the recommendation of the Zoning and Planning Commission that the application be denied on the basis that it would constitute spot zoning and would not conform with the land uses in the area. Mr. Dave Coover, appeared on behalf of the applicants and stated that he had advised the applicants to obtain a petition of residents within a 500' radius to determine if there would be opposition, and that approximately 60 persons had signed the petition endorsing the request, that the 60 persons represented all within the 500' area with the exception of four, and that they had signed the petition with the understanding that no beer would be sold. Mr. Coover pointed out Minutes Special Council Meeting October 24, 1967 Page 2 the need for this type of service center, stating that the nearest grocery store was 3/4 miles away; stated that the applicants propose to sell the 100' x 150' portion of the property to the Circle K and reserve the remaining 100 feet to the South for their home, and that the 50 -foot strip to the west would serve as a buffer to the surrounding residential area. Mr. Coover stated that he felt the recommenda- tion of the Planning Staff that the request be denied on the basis that it would constitute spot zoning was not justified, and cited other requests which had been granted which he felt were spot zoning. Mr. Coover further stated that this request is not a promotion for speculation but fills a need for an area of older citizens who do not have a means of transportation. Dr. and Mrs. W. R. Bain, owners of Lots a, b, c, and d, directly across the street, appeared and stated that they were in favor of the zoning change to permit the operation of a Circle K Grocery store as proposed. No one appeared in opposition to the foregoing application. Motion by Bradley, seconded by Lozano and passed that the public hearing on the foregoing application be recessed until November 1, 1967. Mayor Blackmon announced the public hearing on Application 4967-7, Mr. Sam B. Armstrong, for change of zoning from "R -1B" One -family Dwelling District and "B-4" General Business District to "1-2" Light Industrial District for a Warehouse and Office Lumber Building on Lot 8, Block 1, Martine Addition. Larry Wenger presented the application, located the property on the map and described the zoning and land uses of the area; stated that at the Commission hearing held September 26, 1967, Mr. Armstrong had appeared and stated that he has been in the lumber business in downtown Corpus Christi for many years, but that his customers have requested that he open another store in the western part of the City. Mr. Wenger stated that no one had appeared in opposition; that the Staff reported that 19 notices were mailed, two received in favor and one in opposition, and that it was the recommendation of the Zoning and Planning Commission that the request be approved for a depth of 250 feet and frontage of 200 feet along Leopard Sheet, and that the Staff's recommenda- tion was that it be denied on a basis that it would have a deteriorating effect on the surrounding residential area. Minutes Special Council Meeting October 24, 1967 Page 3 Mr. Eddie Roush spoke on behalf of the applicant; presented a drawing of the proposed plan, stating that the office building would be located on the west side fronting 100' on Leopard Street; that the front portion of the property, facing on Leopard Street is zoned "B-4", but the City Staff had advised him that "1-2" would be necessary for the proposed operations; stated that he is proposing a 50' setback line along Leopard Street to provide adequate off-street parking and a 30' setback line along the East side of Martine Street. No one appeared in opposition to the foregoing request. Mr. Wenger stated that two letters had been filed in opposition since the Commission hearing. Motion by Bradley, seconded by McDaniel and passed that the hearing be closed. Motion by Lozano, seconded by Bradley and passed, that the foregoing application be tabled for further consideration. Mayor Blackmon announced the public hearing on Application #967-8, Mr. James D. Peterson, for change of zoning from "A-2" Apartment House District to "8-1" Neighborhood Business District to build and lease to Dairy Queen on Lot 8, Block 2, Lena Pearce Subdivision. Larry Wenger located the property on the land use map and described the zoning of the sur- rounding area; stated that there presently exists a nursery; that at the Commission hearing held September 26, 1967, Mr. Peterson of the Peterson Development Company had explained that this company had entered into a lease proposal with Dairy Queen to construct the building and lease to them for a period of ten years for a Dairy Queen operation. Mr. Wenger stated that no one had appeared either for or against the application; that the Staff reported 12 notices were mailed, five received in favor and one in opposition; that it was the recommendation of the Zoning and Planning Commission that the application be approved as requested, and the Staff had recommended denial on the basis that it would encroach on a residential area and lead to more strip type zoning along Ayers Street. Mr. Peterson, applicant, spoke in behalf of the application and explained the proposed plan to construct a building for lease to Dairy Queen for a period of ten years and that it is a binding contract; stated that it is his opinion that the requested zoning is an extension of the existing zoning on this street; stated that he had contacted residents of the area and had verbal approval from most Minutes Special Council Meeting October 24, 1967 Page 4 of them; stated that he feels it is a definite asset to the community; showed pictures of the type of building proposed similar to the one on Gollihar Street, and stated that the building will be set back to allow more parking in front, and that the building now being used as a nursery school will either be moved or torn down. Mrs. Ruthmary Price, representing the Housing Authority, appeared and stated they are concerned about any change in the character of the neighborhood for the reason that any increased traffic on Ayers would increase the safety hazard which already exists. No one else appeared in connection with the foregoing application. Motion by Bradley, seconded by Lozano and passed, that the hearing be closed. Motion by Bradley, seconded by Lozano and passed that the foregoing application be tabled for further consideration. Mayor Blackmon announced the public hearing on Application 4'967-9, Mr. Daniel Winship, for change of zoning from "B -1B" One -family Dwelling District to "A-1" Apartment House District and "A-2" Apartment House District for an apartment complex on a portion of Lot 6, Section 13, Flour Bluff and Encinal Farm and Garden Tracts, fronting on proposed extension of Winston Street in Gulfgate, Unit 2. Larry Wenger presented the application and described the zoning and land uses on the map; stared that the area is located within a predominately residential area of single family uses; stated that at the Commission hearing held September 26, 1967, Mr. Daniel Winship, applicant, appeared with his architect Jack Solka, and explained to the Commission on a sketch the proposed development indicating the various phases of development; stated that the first stage would be in the "A-1" request area neare:t Winston Street, having 12 apartment units and parking spaces for 21 automo- biles; that the total project will have 64 units with 95 parking spaces. Mr. Wenger stated that Mr. Bruce Collins, Sr. had appeared in favor of the request stating that he felt this development would enhance the value of the area; stated that Mr. Eugene Startz, 1338 Prince Drive; Mr. Merle Benson, 6106 Winston; Mr. John Hodkinson, 1325 Prince Drive; Mr. L. L. Schooley, 1341 Prince Drive; Mr. Wayne Peterson, 1108 Whitaker; Messrs. Jesse Newman, 6125 Winston, Bill Price, 1317 Prince Drive; Charles Parker, 1333 Prince; Edward R. Chatterson, Jr., 1309 Prince Drive and Guinn Papasan, 1322 Prince Drive, all appeared in opposition, generally on the basis that the residents had pur- Minutes Special Council Meeting October 23, 1967 Page 5 chased their property originally because of the quietness of the neighborhood; that they feel the apartment complex will generate more traffic and noise; will constitute spot zoning, does not conform with the Master Plan of the City, and will decrease home valuations. Mr. Wenger stated that the Staff reported 24 notices were mailed, one received in favor and nine in opposition; that it was the recommendation of the Zoning and Planning Commission that the request be approved as submitted subject to a proper plat and standard City screening along the west side of the property and proposed private roadway adjacent to the rear lots of the residential properties, and that the Staff recommended denial on the basis that Apartment Zoning is not the highest and best use of this property, that it should remain single-family. Mr. Dan Winship, applicant, described the property as being a long, narrow tract of land 160 feet wide and 635 feet deep, too narrow to develop as single-family dwellings; that the cost of in- stalling utility lines on a one-sided street would not be practical; but felt that the proposed apart- ment complex would serve as a buffer between the existing drive-in theatre on the east side and the single-family residences along the west side, and would improve the appearance and value of the surrounding properties; stated that Winston Street will extend through to the adjacent tract owned by Mr. Bruce Collings, Sr., and will be a 50' dedicated street with curbs and gutters; that it is proposed that a private roadway easement 40 feet in width running from the proposed development to McArdle Street adjacent to the rear of the lots facing on Prince Drive, will be constructed. Mr. Solka, architect, presented drawings indicating the various phases of development, elevation, drainage, etc. and stating that future development would be two and three bedroom units depending on the market. Mr. Philip Albright, real estate appraiser, appeared and stated that it is impossible, from the standpoint of real estate values, to develop this property as single-family dwellings because of the narrowness, stated that the cost of developing into single-family lots would exceed value of the improvements. Mr. Winship stated that a garbage pit is located partially on their property and partially on the adjoining property but that the proposed buildings will not be built over the pit. Mr. Bruce Collins, Sr., of Corpus Christi Theatres, Inc. and owner of the adjacent property to the east next to Padre Island Drive, and Mr. Bob Kipp, architect, appeared in favor of the pro- posed development, stating they felt it would enhance the area. Minutes Special Council Meeting October 24, 1967 Page 6 Mr. Schooley, 1341 Prince Drive, appeared in opposition, on the basis that if the property is not suitable for single family residences it would not be suitable for multiple -family dwellings; stated that a petition had been filed with the Zoning and Planning Commission of residents on Whitaker and Winston, and found no one in favor of this "spot zoning". He pointed out that the pit referred to by Mr. Winship was in direct line with Winston Street and is filled with various descriptions of garbage and at present is full of water. Mr. Schooley further stated that he is opposed on the basis that this type of development will create a traffic problem on Winston, McArdle, Whitaker and Prince, would overcrowd the school; attract delinquents and thieves in the parking areas, create a drainage problem; generally lower property values of the neighborhood, and that they had been assured that the neighbor- hood would remain single-family uses. Mr. Guinn Papasan, 1322 Prince Drive, C. W. Thompson, 1334 Prince Drive, Gene Startz, 1338 Prince Drive, Mrs. Henry Simmons, 1329 Prince Drive; Mrs. John Hodkinson, 1326 Prince Drive; and Mrs. Jesse Newman appeared in opposition generally concurring in the statements of Mr. Schooley. In rebuttal, Mr. Solka stated that the drainage problems will be taken care of; that it is a salesman's gimic to make rash predictions as to the future development of property; that the parking areas will comply with City regulations as to the number of parking spaces per unit; and that it would be impossible to bring development of single-family residences up to City Standards without making the land more valuable than the improvements. No one else appeared to speak in favor or in opposition to the foregoing request. Motion by Bradley, seconded by McDaniel and passed that the hearing be closed. Motion by Bradley, seconded by McDaniel and passed that the foregoing application be tabled for further consideration. Mayor Blackmon announced the public hearing on Application 0967-10, Mr. W. H. Stahl, for Special Permit and "AB" Professional Office District to "8-1" Neighborhood Business District on Lots W-1 and W-2, Lexington Place. Mr. Wenger located the property on the map and described the zoning and land uses on the map, stated thatat the Commission hear ing held September 26, 1967, Mr. Stahl had appeared on his own behalf, and presented 10 notices from property owners within the 200' notification area who Minutes Special Council Meeting October 24, 1967 Page 7 were in favor of his request along with a letter from the pastor of the Wesley Methodist Church, 3101 McArdle Road, which stated that the pastor was originally opposed to Mr. Stahl's request because he had been misinformed regarding the consumption of alcoholic beverages on the premises, but since the Council has passed an ordinance prohibiting the consumption of such beverages, he is now in favor of the application. Mr. Wenger explained that at a prior hearing Mr. Stahl was granted a special permit for all operations permitted in "B-1" with the exclusion of the sale of alcoholic beverages on the premises, and that he had been granted "AB" zoning on the remainder of the property, and that Mr. Stahl is making application for "B-1" on the entire tract at this hearing. Mr. Wenger stated that the Staff reported 21 notices were mailed, none were received in favor or in opposition, but that there were ten letters for and one against delivered at the Commission hearing; that it was the recommendation of the Zoning and Planning Commission that the Application be denied on the basis that the existing zoning is adequate, and that the Staff had concurred in this recommendation. Mr. Stahl appeared on behalf of his application, but refrained from presenting his application as such, and when questionedas to what he proposed to do with the land if granted the zoning change, stated that he wanted the tract zoned "B-1" because he wanted "equal rights"; stated that he does not have any plans for development of the property; that he does not have a buyer, and complained of discrimination by City Hall on his previous requests. Mr. Stahl further stated that he has need for "B-1" zoning, that the property is not fit to live in because of the proximity of the South Park Manor Rest Homes, and insisted on answers as to why his previous requests have not been granted. Mayor Blackmon cuationed Mr. Stahl not to make personal derogatory remarks to the Council, and stated that the Council would be more interested in evidence to show that the property in question should be rezoned, and when the applicant continued to deviate from the subject in question, Mayor Blackmon declared him out of order. Mr. Don Erwin, Administrator of the South Park Manor Rest Home, appeared and stated that he would object to a change of zoning if it would in any way create a nuisance with regard to noise or high intensity of traffic which would be detrimental to the 96 patients of the home, but stated that there would be no objection to the Special Permit and "AB" as now exists. Mr. Louis Turcotte, appeared and stated that he opposed the zoning request and supported the recommendation of the Zoning and Planning Commission. Minutes Special Council Meeting October 24, 1967 Page 8 Mr. Stahl left with the Council a list of 47 questions and requested answers. No one else appeared to speak in connection with the foregoing zoning request. Motion by McDaniel, seconded by Bradley and passed with all members of the Council present voting "Aye", that Application #967-10, Mr. W. H. Stahl, for Special Permit and "AB" Professional Office District to "B-1" Neighborhood Business District on Lots W-1 and W-2, Lexington Place, be denied on the basis that the existing zoning is adequate. Mayor Blackmon announced the public hearing on the appeal of Corpus Christi Theatres, Inc., from the decision of the Zoning and Planning Commission denying an application for Special Use Permit ('94) for a two -screen Drive-in Theater on an area described as a portion of Lots 7 & 8, Section 13, Flour Bluff Encinal Farm & Garden Tracts fronting 600 feet on Lexington Boulevard and extending through to McArdle Road. Larry Wenger described the area on the land use map, and stated that the C. C. Theatres, Inc. proposed to enlarge the area of operation of the drive-in presently located on the property and build a double screen, but needed to obtain a Special Use Permit in order to do so, and explained that they are now operating under a Special Permit which was issued in June of 1956 for a period of three years; stated that the application was heard by the Zoning and Planning Commission September 26, 1967, at which time Mr. Bob Chapman, General Manager of C. C. Theatres, Inc. had presented plans of the proposed development stating that they wish to extend their present operation to a 50 -foot setback line on McArdle Road and approximately 140 feet on Padre Island Drive, rather than the present 250 -foot setback line, and stated that when they bought the theater two or three years ago they were not aware it was operating under a Special Council Permit which had expired. Mr. Wenger stated that the Staff reported 15 notices were mailed, one received in favor and five in opposition; that it was the recommendation of the Zoning and Planning Commission that the request be denied on the basis of the nuisance of noises generated by such an operation, the nuisance created by lights and also because of the objection by adjacent property owners; and that the Staff had recommended approval subject to prohibition of any public address type of installation and that the lighting be controlled in such a manner that adjacent properties will not be adversely affected. Mr. Bruce Collins introduced Mr. Chapman, General Manager of C. C. Theatres, Inc., who described in detail the plans for a twin drive-in theater; presented a drawing of the proposed Minutes Special Council Meeting October 24, 1967 Page 9 development as to the locations of the screens and projection booth; stated that each facility will have a 500 car parking area; that there is proposed to be built a 50' landscaped area along McArdle Road, and a fence according to City specifications to protect the residential area; that there will be low level lights erected. Mr. Chapman stated it is their plan to upgrade and modernize this property which has been an "eye sore", and that they would like to start construction immediately. Mr. Bob Kipp, architect, spoke in favor of the appeal and explained the proposed plan for the flow of traffic off of Padre Island Drive; described parking areas and lighting, and stated it would be an improvement of the area. When asked by City Manager Whitney if they have correlated their plan with the Highway Department, Mr. Chapman stated that the plan had been satisfactorily worked out with the Highway Department. Mr. Dan Winship, spoke in favor of the application, stating that he felt the proposal would be upgrading to the area, and that the applicants should be given the opportunity to do so. Mr. Guinn Papasan, 1322 Prince Drive, who was present on another zoning matter, stated he concurred in the recommendation of the Zoning and Planning Commission that the request be denied. Mr. Papasan stated that he lived approximately 600 feet from the theater area. Mr. Chapman stated that the Zoning and Planning Commission had recommended denial of the request on the basis of noise and lighting nuisances, but stated that drive-in theaters have a very low level of lights, and that the "horn honking" complained of only happens when the film breaks and that this seldom happens. No one else appeared to speak in favor or in opposition to the foregoing appeal. Motion by Bradley, seconded by Lozano and passed that the hearing be closed. Motion by Bradley, seconded by McDaniel and passed that the foregoing appeal be tabled for further consideration. There being no further business to come before the Council, the meeting was adjourned.