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HomeMy WebLinkAboutMinutes City Council - 03/05/1968 - SpecialMINUTES CITY OF CORPUS CHRISTI SPECIAL COUNCIL MEETING March 5, 1968 2:00 P.M. PRESENT: Mayor Jack R. Blackmon Mayor Pro Tem Ronnie Sizemore Commissioners: Dick Bradley, Jr. Dr. P. Jimenez, Jr. Gabe Lozano, Sr. Ken McDaniel W. J. Roberts City Manager R. Marvin Townsend City Attorney I. M. Singer Assistant City Attorney Bob Young City Secretary T. Ray Kring Mayor Blackmon called the Special Meeting to order and stated the purpose of the meeting was to hold public hearings on eight zoning applications and any other business as may properly come before the Council, and explained the pro- cedure to be followed. City Secretary T. Ray Kring called the roll of those in attendance. Mayor Blackmon announced the public hearing on Application #I68-5, Mr. E. I. Casarez, for change of zoning from "R -IB" One -family Dwelling District to "R-2" Two-family Dwelling District, on Lot 3IA, Block I, Lexington Subdi- vision. 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 Commission hearing held January 23, 1968, Mr. Casarez stated that he did not realize he did not have the proper zoning until he applied for a permit for a second gas meter. Mr. Wenger stated that no one had appeared at the hearing in favor or in opposition; that the Staff reported 16 notices were mailed, none received in favor and one in opposition; and that it was the recommendation of the Zoning and Planning Commission that the application be approved as requested. No one appeared in opposition to the foregoing request. Motion by Roberts, seconded by Bradley and passed that the hearing be closed. Motion by Lozano, seconded by McDaniel and passed, that the recommen- Commi ssion dation of the Zoning and Planning/be concurred in and that Application 0168-5, Mr. Minutes Special Council Meeting March 5, 1968 Page 2 E. I. Casarez, for change of zoning from "R -IB" One -family Dwelling District to "R-2" Two-family Dwelling District, on Lot 31A, Block 1, Lexington Subdivision, be approved as requested and that an ordinance be brought forward effectuating the change. Mayor Blackmon announced the public hearing on Application 0168-6, Central Power and Light Company, for change of zoning from "R -IB" One -family Dwelling District to "1-3" Heavy Industrial District, for an addition to its Lon C. Hill Power Station, on approximately 32 acres, plus or minus, of land out of Gregaria Ferias Grant, Abstract 0592, fronting on Hearn Road Northwest of Lon C. Hill Power Plant and East of the Missouri Pacific Railroad Tracks. Larry Wenger presented the application; pointed out on the map the zoning and land use of the surrounding area; stated that at the Commission hearing held January 23, 1968, Mr. Philip McConnell, attorney, had represented the applicant and explained to the Commission the proposed plans far expansion of the existing Plant. Mr. Wenger stated that the Staff reported 11 notices were mailed prior to the hearing, one received in favor and three in opposition, and that two persons had appeared in opposition, and that one petition was received containing nine signatures of property owners in the area opposing the application. Mr. Wenger stated that it was the recommendation of the Zoning and Planning Commission that the application be approved as requested subject to a proper plat, and that the Staff had concurred in this recommendation. Mr. Philip McConnell, attorney for Central Power and Light Company, appeared and introduced Mr. H. K. Howard, M. L. Lovelady, Al Harper, and Pat Fisher, all officials of the Company, who were present in support of the appli- cation. Mr. McConnell gave a brief background of the subject property, stating that the original 131 -acre tract on which the Lon Hill Station is located was pur- chased in 1952, and the first unit was completed in 1954; that the subject property was purchased in 1964 on the assumption that it was properly zoned and located far Mi nines Special Council Meeting March 5, 1968 Page 3 enough outside the City for their proposed use, and not objectionable to the nearby residents, and that they were anticipating that this project could be completed by 1969; that this location was chosen and designed by a reputable Chicago Engineering Firm; that the Company had spent $35, 000 on the present cooling tower by installing a muffler to help keep the noise down; that it was not his Company's desire for the operation of this station to have a deteriorating effect upon surround- ing properties, and that they would do anything within reason to eliminate all undesirable features so it would be an asset to the community. He further stated that two letters Mr. Tom C. Bickham and Tom C. Bickham, Jr., received by the Planning Staff in opposition had since been withdrawn, on the basis that they had been under the impression that a change in zoning would raise their taxes. Mr. McConnell further stated that Central Power and Light Officials had tried to work out some kind of agreement with Mr. Tischler for his property, but that no decision had ever been reached. Mr. Ronald Brin, attorney representing Mr. C. W. Tischler, an employee of Central Power & Light Company, pointed out that the proposed cooling tower would be located within 240 feet of his home. He stated that his client is suffering from the existing cooling tower, but that is not his complaint inasmuch as he knew of this facility when he bought the property, but that with the installation of an additional one, he felt there would be irreparable damage to his and all other surrounding properties. Mr. Brin based the objections generally on the increased noise; mist of chemical content, causing rust to improvements including automobiles, window glass and flashings which cannot be washed off; the disadvantage of the prevailing winds; heat, causing a general deterioration of the area. Mr. Brin further stated that he felt the residents who received notices were not aware of the exact location of the proposed cooling tower, and therefore did not respond. Mr. Robert Thompson, attomey representing Mr. B. F. Fellows, stated that his client's engineering plans have bean completed and that bids have been taken for the development of a twenty-eight acre subdivision which he plans near his home, and which would be downwind from the proposed station. He stated that tolerance of the existing tower is marginal, and that he was definitely opposed to the installation of another one. He made reference to a letter from Mr. Minutes Special Council Meeting March 5, 1968 Page 4 Fellows, dated in 1964 in which he stated the mist from the existing tower was degrading the nearby residential areas. Mr. C. 0. Warren, adjacent property owner, spoke in opposition, generally concurring in the objections already mentioned, and further stated that the applicants owned other prop- erties in the same area on which they could expand their operation. Mr. Warren stated that over the years, he has found Central Power and Light officials to be very cooperative and have shown good faith in trying to eliminate the noise from the existing plant, but stated that the location of the proposed cooling tower would definitely deteriorate the value of all the land, rendering it unsaleable, and that the Company should not be allowed to damage so much property to save a few dollars. Mr. L. J. Giubereau, appeared and spoke in opposition, stating that the properties in the area have already been damaged and would be further damaged from the corrosive mist from the plant, and stated that he felt that in the event he cannot use his property for a home, he feels he should be paid the market value for it. Mr. Giubereau stated he has a letter on file to this effect, putting the Council on notice that he is being damaged and expects to be compensated. In rebuttal, Mr. McConnell stated that he felt the complaints in connection with the alleged corrosive mist, had been greatly exaggerated by the opponents, and pointed out that both Mr. Giubereau and Mr. Tischler had confirmed the fact that Central Power & Light had attempted to cooperate with property owners. He stated that right of way had been purchased to avoid using the ditch because the residents thought it would corrode their land. He stated that it was not a simple matter to relocate the plant as had been suggested. In answer to questions from the Council regarding the relocation of the tower and the type of chemicals used, Mr. M. L . Lovelady, Vice President of Central Power & Light Company, stated that the tower could be moved to another location within the plant, but pointed out that the Company had employed some of the finest engineers available in laying out the plan, and that all had agreed that the proposed location is the best location. He further stated that so far as the prevailing winds are concerned, this is also the best location with respect to protection of the residents. Mr. Lovelady further explained that they use treated filtered City water, and that a MiAves Special Council Meeting March 5, 1968 Page 5 certain amount of the mist is created by evaporation and heat. Mr. Brin offered to go out and bring in a piece of glass from the area and submit to the Council as evidence of the damage being done, and to prove that they were not exaggerating. Mr. Blackmon ruled that it would not be proper to delay the hearing, stating that exhibits such as this should be presented at the time of the hearing; that if the Council desired further infor- mation for making a determination of such matters, they could do so at a later time, and stated that they often make on-site inspections. He stated, however, that the Council is not in a position to say if adequate compensation is being offered for damaged property. Mr. W. H. Stahl, stated "go ahead and give them the zoning, they are moneyed people - don't pay any attention to the little man." No one else appeared to speak in connection with the foregoing application. Motion by Bradley, seconded by Lozano and passed, that the hearing be closed. Motion by Bradley, seconded by Roberts and passed that the foregoing request be tabled for further consideration. Mayor Blackmon announced the public hearing on Application #168-7, Mr. Frank Sovey, for change of zoning from "R -IB" One -family Dwelling District to "B-4" General Business District for a parking lot and additional uses for other retail businesses, on Lot 5, Block I, High Terrace Addition. Larry Wenger presented the application and pointed out the zoning and land use of the surrounding territory; stated that at the Commission hearing held January 23, 1968, Mr. Sovey appeared and stated that he needed the space for parking and possibly a cold storage vault. Mr. Wenger stated that the Staff reported 30 notices were mailed, two received in favor and none in opposition; that no one appeared at the hearing in favor nor in opposition; that it was the recom- mencbtion of the Zoning and Planning Commission that it be denied, but in lieu thereof a Special Permit be granted permitting all uses under "B-4" General Business District except the sale of alcoholic beverages on the premises, and that the Staff recommended denial of the appli- cation. Mr. Sovey spoke in support of his request and stated that a Special Council Permit for use Mi1r vfes Special Council Meeting March 5, 1968 Page 6 of the property as a parking lot and cold storage vault would serve his purpose and would be satis- factory. No one appeared in opposition to the request. Motion by Bradley, seconded by Roberts and passed that the hearing be closed. Motion by McDaniel, seconded by Bradley and passed, that Application 0168-7, Mr. Frank Sovey, for change of zoning from "R -IB" One -Family Dwelling District to "B-4" General Business District for a parking lot and additional uses for other retail businesses, on Lot 5, Block 1, High Terrace Addition, be denied, but in lieu thereof a Special Council Permit be granted for operation of a parking lot and cold storage vault on Lot 5, Block I, High Terrace Addition, subject to all other "R -IB" regulations, and that an ordinance be brought forward effectuating the Special Permit. Mayor Blackmon announced the public hearing on Application #268-1, Mr. J. H. Mays and Others, for change of zoning from "R-2" Two-family Dwelling District to "8-1" Neighborhood Business District for the construction of a Maverick Market and a service station, on the South 5' of Lot 57, all of Lots 58 through 64 and the South 70' x 125' of Block 812, Port Aransas Cliffs. Commissioner Lozano departed from the meeting. Larry Wenger located the property on the map and described the zoning and land use of the surrounding area; stated that at the Commission hearing held February 6, 1968, Mr. Paul Koepke, realtor, had supported the request on behalf of the applicants; that fourteen persons had appeared in opposition; stated that the Staff reported 20 notices were mailed, four received for and 13 against; that it was the recommendation of the Zoning and Planning Commission that the application be denied, and that the Staff had recommended that "B -I" be denied, but in lieu thereof "AB" Professional Office District be approved which already exists across Minnesota Street from the subject property and on the Northeast corner of Glazebrook and Alameda, which areas are similar in character. Mr. Wenger further pointed out that a request had recently been granted to Dr. N. H. Morgan for construction of apartments on five lots of Block 812, Port Aransas Cliffs. Mayor Blackmon questioned and asked for clarification as to who were the "others" ll / Minutes Special Council Meeting March 5, 1968 Page 7 mentioned in the application. Mr. Wenger stated he had not been furnished the names of all the applicants. Mr. Paul Koepke, realtor, appeared on behalf of the applicants, and described the pro- posed development as being a service station and drive-in grocery store; pointed out on a map the various existing uses and developments of the area, and stated that in his opinion, a service station and drive-in grocery store would be compatible uses for this particular comer. He further stated that the area has been primarily an apartment area but has been in a state oftransition for some time and that this property has had deed restrictions in the past which has prevented any use of the property. Mr. Koepke stated it was his opinion that the traffic counts at the intersection of Minnesota and South Alameda indicated that this was a good location for the uses proposed, being 19,834 vehicles on South Alameda and 7,315 vehicles on Minnesota during a 24-hour period, pointing out that this is a major street; that the traffic hazard already exists and that the proposed development will not substantially change this hazard. Mr. Koepke presented colored slides showing the various land uses within the area that were similar in character to those proposed, pinpointing the various service stations and drive-in grocery store locations within a two-mile radius of the subject property. He stated the proposed development would be designed in keeping with the character of a residential area; that there is a need, and that they believe it is in the public interest, Mr. E. H. Glass, 3212 Topeka, appeared in opposition to the request on the basis that he felt it would be an encroachment into a residential area, would increase traffic congestion, creating a safety hazard around the three schools located in the immediate area. Mr. Glass stated he has filed a written objection. Mr. E. G. Schlather, 308 Foster Drive, spoke in opposition, stating that it was his understanding that Maverick Markets sell alcohol, and that his objection is based on the fact that the St. Pauls United Church is located a few feet more than the allowed to sell alcohol 300 feet away from a church, and that on behalf of the Church he is opposing the application. Mayor Blackmon explained that the Maverick Markets are not licenced to sell alcohol on the premises, and that beer is only sold to be taken out. Minutes Special Council Meeting March 5, 1968 Page 8 Mrs. Tom Foster, 3243 Topeka Street, spoke in opposition and generally concurred in the objections previously stated. Mr. G. W. Perry, 3257 Topeka, appeared in opposition, and questioned the value of the colored slides shown by Mr. Koepke, stating that the pictures only showed the service stations and not the residential areas behind them, and that the churches, schools, drug stores, etc., were not shown. He further stated that the area is already adequately supplied with service stations and drive-in grocery stores. Mrs. George Broad, 3202 Topeka Street, spoke in opposition, and stated she felt Mr. Koepke has misrepresented some of the facts; and particularly pointed out that the City was now installing new fire plugs near the subject property because of the fire hazards existing. Mr. George Blucher, Jr., 3211 Topeka, spoke in opposition, concurring in statements already mentioned, and stated that the owners of property in this area had spent the past 10 or 15 years trying to protect their residences from this encroachment. Mr. Tom Foster, appeared in opposition, and referred to -the presentation of Mr. Koepke as being a "good sales pitch" which would be very good for the tourist business but the wrong comparison for the proposed development. Mr. Foster stated that the concept of strip zoning is wrong and outmoded; that drive-in grocery stores are a nuisance around schools, and that he is vehemently opposed to the request. Mrs. L. D. Batson, 3266 Topeka, stated she wanted the records to show that she was not in favor of this type of development at the subject location. Rev. Ed M. Shaffer, pastor of St. Paul's United Church, opposed the request, stating that in his opinion, strip zoning is the major cause of deterioration of residential areas, ana further stared he felt it was a waste of the City's money to pay expert planners to try to improve the City, and then allow zoning changes such as the subject one to downgrade residential areas. Others appearing and requesting that the records show they were opposed to the fore- going zoning request were Mr. W. H. Stahl, 4901 Kostoryz, Mr. and Mrs, Charles Danford, 3248 Topeka Street, and Mr. and Mrs. Gregory Greene, 3149 Topeka. A letter was received in opposition from Mrs. H. A. Krumery of Florisent, Missouri, and a telephone message from Special Council Meeting March 5, 1968 Page 9 Mrs. Greene in opposition. In rebuttal, Mr. Koepke stated that changes in zoning in all parts of the City are inev- itable, that every neighborhood goes through a transition process and that this is natural. He further stated that he did not feel any logical objections had been offered. Motion by Bradley, seconded by Sizemore and passed, that the hearing be closed. Motion by Sizemore, seconded by Roberts and passed that the foregoing zoning appli- cation be tabled for further consideration. Mayor Blackmon announced the public hearing on Application #268-2, Mrs. R. D. Hunter, for change of zoning from "R -IB" One -family Dwelling District to "B-4" General Business District for a convenience center coupled with apartments and/or service station, on a portion of P. Hinajosa Abstract 850 between UpRiver Road and 1.11. 37, fronting 1,359.97 feet on I.H. #37 and fronting 1,139.82 feet on UpRiver Road, such distances running in a westerly direc- tion from a point where UpRiver Road and I.H. #37 right of way intersect. Mayor Pro Tem disqualified and absented himself from the hearing. Larry Wenger located the property on the map; pointed out the zoning and land use of the area; explained that at the Commission hearing held February 6, 1968, Mr. Tom Swantner of Swantner & Gordon Investment Corporation, son of the applicant, appeared and explained the proposed development. Mr. Wenger stated that no one had appeared at the Commission hearing in opposition; that the Staff reported that eight notices were moiled, none received in favor nor in opposition; that it was the recommendation of the Zoning and Planning Commission that the request be denied, but k lieu thereof "B -I" Neighborhood Business District be approved subject to a proper plat, and that the Staff recommended that "B-4" be denied, but in lieu thereof "A -1n Apartment House District be approved, on the basis that sufficient zoning already exists adjacent to the subject property to the East and West of this tract. Mr. Swantner pointed out on a map the proposed development of the property and pre- sented the preliminary site plan. He stated they proposed to develop approximately one-third of the tract in the first stage, which would be an apartment complex with 56 units, 24 one -bedroom units, 24 two-bedroom units, and eight three-bedroom units, having a total enclosed building Arniites Special Council Meeting March 5, 1968 Page IO area of approximately 23.9% of the land area. He further stated the preliminary plan shows 48 units on the second phase and the third phase shows 32 apartment units, with an ultimate total of the entire prolect of 136 units. Mr. Swantner pointed out that parking would be provided in excess of the required I - I/2 ratio; or one parking space per bedroom. He stated the request is based on the fact that they need flexibility; that they can file a re-plat; and stated that they have agreed to accept "B-I" zoning but that anything less would not be satisfactory. No one appeared in opposition to the foregoing request. Motion by Roberts, seconded by McDaniel and passed that the hearing be closed. Motion by Bradley, seconded by Roberts and passed, that the foregoing matter be tabled for further consideration. Mayor Blackmon announced the public hearing on Application 0268-3, Mr. Max F. Dullnig, Jr., for change of zoning from "R-18" One-family Dwelling District to "B-I" Neighborhood Business District for retail sales, on Lot 13, Block I, Lakeview Acres. 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 February 6, 1968, Mr. Max F. Dullnig appeared on his own behalf and explained the proposed use of the property. Mr. Wenger stated that no one had appeared at the hearing in opposition; that the Staff reported six notices were mailed, none received in favor nor in opposition; stated that it was the recommendation of the Zoning and Planning Commission that the request be denied, and that the Staff had recom- mended that "B-I" be denied on the basis that additional business zoning along Rodd Field Road would encourage "strip type" zoning along this street and is not in accordance with the City's Land Use Plan. Mr. Dullnig was present and spoke in support of the request, and stated that he has tenants waiting, but that he needs assurance of the "B-l" zoning to proceed with plans and be- fore expenditure of any more money. Mr. Dullnig pointed out that recently Mr. Sam Perkins had received "B-I" zoning at the intersection of Rodd Field and Thompson Drive and that his property is located immediately adjacent south on Rodd Field Road, and felt his property was comparable in character. He stated that he had contacted property owners on three sides of the 1 Kites Special Council Meeting March 5, 1968 Page 11 subject property and that none had objected. Mrs. Nick Marchyn, 6952 Lakeview Drive, spoke in opposition on the basis that it would be an encroachment of a residential area; pointed out that Lakeview Acres is in a promising lo- cation for future residential development and appealed to the Council for prevention of deterio- ration. Mr. Marchyn stated that he had filed his objection in writing. Mr. Robert Barker, 6982 Lakeview, spoke in opposition on the basis that the change would have a definite deteriorating effect on the residential character of the neighborhood. He stated he could furnish names of 14 residents living on Lakeview who have verbally expressed opposition to Mr. Dullnig's request, and that he knows of two others who have not been con- tacted but that he feels sure they would oppose the zoning change. Mr. Barker stated he would present the petition in writing and in proper form to the Council. Dr. Harold N. Siemer, 3633 South Staples, stated he was in sympathy with the appli- cant's position in that the size and location of the lots does not lend itself to single family dwelling development, but stated that with respect to the noise, trash, and increased traffic created by business zoning, he is opposed. Dr. Siemer stated he felt a reasonable solution to the owner's problem would be to subdivide the land. City Manager Townsend stated that letters had been received in opposition to the fore- going zoning application from W. S. Perkins, and Caldwell Starkey. Mr. Starkey points out six reasons to support his protest against the proposed zoning change, basically, that the area is presently zoned for single family residences only; encourages the type of marginal and poorly maintained business including beer establishments; would constitute spot zoning; increased traffic hazards; business should be confined to Padre Island Drive; and that the City has no Master plan for zoning in the general area of Lakeview Acres. Mr. Townsend stated letters had been received from John Turbeville and Hulen H. Hunt favoring the request. Mr. Dullnig stated that Mr. Starkey lives outside the affected area and that he did not feel objections should be counted except within the affected area. He further stated he would be willing to construct a screening fence if the residents desire it. Motion by Bradley, seconded by Sizemore and passed, that the hearing be closed. Mutes Special Council Meeting March 5, 1968 Page 12 Motion by Bradley, seconded by McDaniel, with Roberts, Sizemore, and Blackmon voting "Nay," that the recommendation of the Zoning and Planning Commission be concurred in and that Application #268-3, Mr. Max F. Dul!nig, Jr., for change of zoning from "R -IB" to "B -I" on Lot 13, Block 1, Lakeview Acres, be denied. Mayor Blackmon declared the foregoing motion had failed to pass for lack of affirmative votes. Motion by Sizemore, seconded by Roberts and passed, that the foregoing application be tabled for further consideration. Dr. Jimenez reported at the meeting. Mayor Blackmon announced the public hearing on Application #268-4, Texas Star Distributing Company, for change of zoning from "B -I" Neighborhood Business District to "B-4" General Business District fora service station, on Lot "A", Bayder Addition. 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 February 6, 1968, Mr. Garnett T. Brooks, agent, had appeared and stated the reason for the application was to permit construction of a high-rise freeway sign, the same type as Humble and Gulf Service Stations located at this intersection. Mr. Wenger stated no one had appeared in opposition; that the Staff reported five notices were mailed, one received in favor and none in opposition; that it was the recommendation of the Zoning and Planning Commission that the recommendation be denied, and the Staff had concurred in this recommendation on the basis that the area is too small for the existing zoning according to good zoning principles, and granting this request would only add to the problem. Mr. Brooks, representing the Texas Star Distributing Company, stated that they have been informed by the Texas Highway Department that they plan to build an overpass over Airline Road approximately 25 feet high and that at least a 50 -foot sign would be needed to counteract this structure. Mr. Brooks stated he felt the sign was necessary to compete with approximately 13 other high-rise signs on Airline and Padre Island Drive. He further stated they would have no objection to a Special use Permit for construction of the sign, and that if built Gtes Special Council Meeting March 5, 1968 Page 13 according to Texaco specifications, it would be adequate for their needs. Mr. John Thomason, realtor, spoke on behalf of the application, and stated that this property should be placed in the same competive position as the Enco Station, Philips -and Gulf Service Stations located at this comer; all having high-rise signs on property which has already been rezoned "B-4", or they would all be asking for rezoning. No one appeared in opposition to the foregoing application. Motion by Bradley, seconded by Sizemore and passed that the hearing be closed. Motion by Roberts, seconded by Bradley and passed, with Jiminez, Bradley, Sizemore, Roberts, and McDaniel voting "Aye," that Application #267-4, Texas Star Distributing Company, for change of zoning from "B -I" Neighborhood Business District to "B-4" General Business District, for a service station, on Lot "A", Bayder Addition, be denied, but that in lieu thereof a Special Council Permit be granted for the construction and operation of a service station with a sign under "B-4" regulations for signs, and subject to all other "3-1" regulations, and that an ordinance be brought forward effectuating the Special Permit. Mayor Blackmon announced the public hearing on Application #268-5, Mr. Jack Davis, for change of zoning from "AT" Apartment -Tourist District to 9-1" Neighborhood Business District for the reconstruction of the Gulf View Fishing Pier with accessory retail uses, on Block B, Brooklyn Addition. Larry Wenger stated that at the Commission hearing held February 6, 1968, Mr. Davis had appeared in support of his request; that no one had appeared in favor nor in opposition. City Manager Townsend stated that a request had been received from Mr. Davis this date that hearing on this application be postponed because of Mr. Davis' illness. No one appeared for or against the application. Motion. by McDaniel, seconded by Jimenez and passed, that the hearing on the foregoing application be recessed for one week due to the illness of the applicant. There being no further business to come before the Council, the meeting was adjourned.