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HomeMy WebLinkAboutMinutes City Council - 04/29/1968 - Speciala. 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 MINUTES. CITY OF CORPUS CHRISTI, TEXAS SPECIAL COUNCIL MEETING April 29, 1968 2:00 P.M. City Manager R. Marvin Townsend Assistant City Attorney Tom McDowell City Secretary T. Ray Kring Mayro 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 procedure to be followed. City Secretary T. Ray Kring called the roll of those in attendance. Motion by Jimenez, seconded by Bradley and passed, that Application 0468-3, Drs. Pat K. yrissikopoulos, et al, scheduled as Item "g" on the agenda, be considered first. Mayor Blackmon announced the public hearing on Application 4468-3, Drs. Pat K. Hrissiko- poulos, Wm. M. Fant & Nicolas T. Mallick, for change of zoning from "R -IB" One -family Dwelling District to "B-4" General Business District, on portions of Lots 1 & 2, Section 53, Flour Bluff & Encinal Farm & Garden Tracts. Larry Wenger, Senior City Planner, located the property on land use and zoning map, and pointed out the land use and zoning of the surrounding territory; stated that at the Commission hearing held April 2, 1958, Architect Fred Rheinlander represented the applicants and presented studies of a shopping center facility, and explained that the first phase of development would co✓er approximately 50 percent of the total area. Mr. Wenger stated that six persons had appeared in opposition and that a letter had been filed and read at the Commission hearing from Mr. Jon B. Held which stated that he was opposed to the requested zoning change on the basis that he had pioneered the development of this area and wanted an attrac'ti.re coordinated development program, and that on September II, 1967, he had filed a plat which had been approved by the Zoning and Planning Commission which set aside a neighborhood business area adequate for this entire area, and that a City requirement was that he install a 40 -foot paved street to accommodate the business area, and also install utilities to serve this tract. Minutes Special Council Meeting April 29, 1968 Page 2 Mr. Wenger stated that the Stc4ff reported 15 notices were mailed, two received for and eight in opposition; that it was the recommendation of the Zoning and Planning Commission that the request be denied, and that the Staff had concurred on the basis that it would constitute spot zoning and that the dimensions of this property make it undesirable for a shopping center since there is much greater depth than frontage. Mr. Wenger stated that most of the opposition was based generally on the request for "8-4" zoning. City Manager Townsend read from a letter dated April 8, 1968, signed by the appli- cants, in which they requested that the application be amended to the effect that the request for "B-4" zoning be deleted and that "B -I" requested for the five acres fronting on Waldron Road and and Glenoak Drive, and that the remainder of the property remain at its present zoning status. Dr. Wm. Fant, one of the applicants, appeared in support of the request and stated that the amended request was made in the hope that it would meet with the approval of some of the objectors. He stated the applicants feel the front acres can be developed into a very attractive shopping area, and that they feel they can adequately isolate the business area from the residential area on Glenoak Drive as has been done in many other shopping centers in the City. He pointed out that the lots on Glenoak Drive are very deep and that the back portions are vacant making it difficult to crowd the residents. Mr. Fred Rylander, architect, appeared and stated that this particular area is in need of this business development, and that most of Waldron Road, with the exception of one, is void of shopping centers. Mrs. Carl Duaine, 621 Atlantic, appeared and stated that the area across the road is al- ready platted for this development and that construction is under way; stated that the developer, Mr. Jon Held was delayed in his development pending construction of sewers which he had helped to fincnce;; that the Council should not take discriminatory action against Mr. Held, and suggested that action on this request be tabled until there has been established that the same requirements are applied to the subject plat that exists under the others under the two-year rule. Dr. Fant stated that they are aware of certain responsibilities in connection with sewer facilities, and that they would expect to cooperate. Minutes Special Council Meeting April 29, 1968 Page 3 City Manager Townsend pointed out that the ordinance is not clear on which should come first, the platting or the zoning, but stated that in either case one must succeed the other. No one else appeared in connection with the foregoing application. Motion by Jimenez, seconded by Bradley and passed that the hearing be closed. Motion by Bradley, seconded by Jimenez and passed that the foregoing zoning request be tabled for further consideration. Mayor Blackmon announced the public hearing on Application #367-I, The Saratoga Land Company, for char;`ge of zoning from "R -IB" One -family Dwelling District to "A -I" Apart- ment Houst District, on 16.1 plus or minus acres. out of Lots 25 thru 28, Section 4, Flour Bluff & Encinal Farm & Garden Tracts. Larry Wenger located the property on the land use and zoing map; pointed out the zoning uses of the surrounding area; stated that at the Commission hearing held April 19, 1968, Mr. George Hawn and Mr. John Keltner had represented the Saratoga Land Company and pre- sented a preliminary layout of the Country Club Estates and its relation to the subject proposed devebpment for an apartment complex. Mr. Wenger stated that no one had opposed the request; stated that the Staff reported that two notices were mailed, none received in favor nor in opposi- tion; that it was the recommendation of the Zoning and Planning Commission that it be approved subject to a proper plat, and that the Staff had recommended denial on the basis that the approved plan of this area indicates single-family lots on an overall Preliminary, and that placing apart- ments in the middle is not in the best interest of this development. Commissioner Roberts raised the question as to whether the development of the pro- posed apartment complex would affect the possibility of a roadway being constructed into the Country Club Estates. Mr, Wenger stated that it would not, that the plan is to maintain the veiw of the Golf Course for the benefit of the complex. Mr. John Keltner, VicesPresident of the Saratoga Land Company, spoke in support of the request and stated that he had several interested people in developing a first-class apart- ment project and this location was selected because of it being adjacent to the Country Club Minutes ' Special Council Meeting April 29, 1968 Page 4 Golf Course which would add atmosphere to the project, and further pointed out that it was a logical location because of its high density; and is near a major thoroughfare. He stated that there are no definite plans so far as a roadway, but that it would be placed so as not to detract from the view of the Golf Course. He further stated that residents of the Country Club have expressed a desire for a townhouse project. No one appeared in opposition to the foregoing application. Motion by Sizemore, seconded by Roberts and passed, that the hearing be closed. Motion by Jimenez, seconded by McDaniel and passed that the foregoing appli- cation be tabled for further consideration. Major Blackmon announced the public hearing on Application 0368-2, Mr. John W. Mullen, Jr., for change of zoning from "AB" Professional Office District to "B-1" Neighborhood Business District, on Lot 17, Block 20, Windsor Park Unit 04. Larry Wenger presented the application; pointed out the location and described the land use df the surrounding area; stated that at the Commission Hearing held March 19, 1968, Attorneys L. T. Zimmerman and Arthur Steinberg spoke on behalf of the applicant and explained that his client proposed to construct a one-story building which would house Prudential Inter- state Securities Company, and stated that "8-1" zoning was being requested so that two identi- fication signs could be placed on the building since each client would need an identification sign; and further stated that his client would be satisfied with a Special Permit that would allow the signs in lieu of the "B-1" zoning. Mr. Wenger stated that no one had appeared at the hearing in opposition, that the Staff reported 17 notices were mailed, one received in favor and six in opposition, and that it was the recommendation of the Zoning and Planning Commission that the request be denied, but in lieu thereof a Special Permit be granted to erect two signs flat against the building in accordance with the scale as shown on the site plan on file in the Zoning and Planning Office, and that the Staff had recommended denial. Mr. John Mullen, applicant, spoke in support of his application and described the type of signs he proposed to erect to be made of aluminum of good quality, and explained that Minutes Special Council Meeting April 29, 1968 Page 5 the one -foot square signs in addition to the sign on the building, is not sufficient to meet the needs of the two tenants who will occupy the .building, and stated his only concern was to be able to give each tenant an individual sign, and that the Special Permit as recommended by P the Zoning and4(dtnmis ii�on would be acceptable. Mr. Tim Clower, reql estate broker, spoke in support of the request, and stated he felt tenants who will occupy the building should have individual signs, and tint since they will be non-illumirsiting signs, would not be objectionable. City Manager Townsend read from letters received from Dr. Daniel 1. Coggin, Dr. John B. Peterson, and Dr. 0. B. Vaughan, opposing the requested zoning change on the basis that it seems unthinkable to rezone just for the consideration of one applicants that all of the other property owners in this "AB" zoned area have complied with the rules and regulations; and further stated that the owners of the property knew in advance of their purchase what the zoning was. Mr. Mullen stated that he was aware of the zoning regulations in the area when he purchased the property, but that he was not aware of the sign regulations. No one appeared in opposition to the foregoing application. Motion by Bradley, seconded by Lozano and passed, that the hearing be closed. Motion by Lozano, seconded by Roberts, that the recommendation of the Zoning and Planning Commission be concurred in and that Application #368-2, Mr. John W. Mullen, Jr., for change of zoning from "AB" Professional Office District to "B -I" Neighborhood Business District, on Lot 17, Block 20, Windsor Park Unit 04, be denied, but in lieu thereof a special Permit be granted to erect 2 signs flat against the building in accordance with the scale as shown on the site plan on file in the Zoning and Planning Office. Motion by McDaniel, seconded by Bradley and passed with six affirmative votes that the foregoing motion be amended so as to permit two signs, not to exceed 20 square feat each, erected according to City specifications, and that an ordinance be brought forward effectua- ting the permit. Major Blackmon announced the public hearing on Application #368-3, Mrs. Evalena Minutes Special Council Meeting April 29, 1968 Page 6 Wright, for change of zoing from "R -IB" One -family Dwelling District and "B-5" Primary Busi- ness District to "A -I" Apartment House District, on Lot 2 and West 10 feet of Lot 3, Barthlame Acres. City Manager Townsend stated that a communication had been received from the appli- cant stating that she has a sale pending on the subject property, and requested that any decision of the Council be held in abeyance for thirty days. Mr. Townsend stated that he would recommend that since the request had received approval from both the Zoning and Planning Commission and Staff that Mr. Wenger make a brief presentation of the application, and that the action of the Council be held in abeyance for 30 days as requested. Mr. Wenger located the property on the zoning aland use map; described the various uses of the surrounding territory; and stated that at the Commission hearing held March 19, 1968, Mr. John Wright had represented the applicant and stated that she wished to have the property rezoned for apartments so that it could be sold. He explained that the applicant has no definite plans for construction, and that she was fully aware that a change from business zoning to residential was being requested on a portion of the property, but that she felt apartment zoning would be desirable in this area. Mr. Wenger stated that no one appeared for or against this application; that the Staff reported 16 notices were mailed, two received in favor and none in opposition; that it was the recommendation of the Zoning and Planning Commission that it be approved as requested, and that the Staff had concurred in this recommendation. Motion by Bradley, seconded by Sizemore and passed, that the hearing be closed. Motion by Roberts, seconded by Bradley and passed, that the foregoing application be tabled for thirtydays in accordance with the request of the applicant. Mayor Blackmon announced the public hearing on Application #368-5, Mr. E. R. Needham, for change of zoning from "R -IB" One -family Dwelling District, to "AB" Professional Office District, •on.0.6145 acresout of the P. Hinojosa Survey No. 422, A.B.C. 850, Nueces County, Texas - Lot. H, Westwood Shopping Center. Larry Wenger located the property on the zoning and land use map; described the Minutes Special Council Meeting April 29, 1968 Page 7 zoning uses and classifications of the surrounding territory; stated that at the Commission hearing held on March 19, 1968, no one had appeared for or against the request; that the Staff pre- sented a site plan showing the proposed dove Iopment of a 22 -unit apartment project which had been filed by the applicant, and explained that this project would be adjacent to and an ex- tension of the apartment project to the West on La Branch Street. Mr. Wenger stated the Staff reported that three notices were mailed, none received in favor nor in opposition; that it was the recommendation of the Zoning and Planning Commission .that the application be approved as requested, and that the Staff recommended approval subject to a plat. No one appeared in favor of or in opposition to the foregoing request. Motion by Bradley, seconded by Sizemore and passed, that the hearing be closed. Motion by Sizemore, seconded by Jimenez and passed, that Application 0368-5, Mr. E. R. Needham, for change of zoning from "R -IB" One -family Dwelling District to "AB" Professional Office District, on Q.6145 acres out of the P. Hinojosa Survey No. 422 A.B.C. 850, Nueces County, Texas - Lot H, Westwood Shopping Center, be approved subject to a pro- per plat, and that an ordinance be brought forward effectuating the change. Major Blackmon announced the public hearing on application 0468-1, The Medicenters of America, Inc., for change of zoning from "A -I." Apartment House District to "B-4" General Business District on all of Lots 1, 2, 3 & 4, Block II, Ocean View Addition. Larry Wenger presented the application; located the property on the zoning and land use map; described existing uses' in the surrounding area; stated that at the Commission hearing held April 2, 1968, Mr. Tim Clower and Paul Koepke, Realtors, appeared on behalf of the applicants and stated that a one and one-half million dollar building was planned for an "extended care".hospital, and explained that Lots 17 through 20, would be used in the overall development of this project; explained the relationship of this request to the one previously heard by the Council for the relocation of the alley between the two properties, and stated that develop- ment of the properties is contingent on the decision of this zoning request, and stated that a Special Permit for this use would be acceptable. Mr. Wenger stated that three persons had appeared at the Minutes Special Council Meeting April 29, 1968 Page 8 at the hearing in favor of the request and that no one had appeared in opposition; that the Staff reported that 33 notices were mailed, eight were received in favor, one in opposition, and that three in favor were turned in by Mr. Clower at the public hearing; that it was the recommenda- tion of the Zoning and Planning Commission that the request be denied, but in lieu thereof a Special Permit be granted for a 6 -story "extended care" type hospital with necessary appurten- ances and subject to a site plan to be approved by the Planning Staff, and that the Staff had concurred in this recommendation. Mr. Tim Clower, spoke on behalf of the request; presented a site plan of the proposed development; explained that this particular site was selected because of its close proximity to hospitals, doctors offices and medical facilities, and that "8-4" zoning was requested because of the height of the building. He further stated that adequate off-street parking is provided in the plans, and stated that a local engineering firm hos been employed to study the removal of the sewer lines. Dr. Frank Egan, 1310 2nd Street; Dr. M. L. Norvell, 1301 2nd Street; and Mr. Frank Brooner, 1328 3rd Street, spoke in favor of the request for reasons previously stated that it is a highly desirable development for this particular area; will enhance property values; provide employment for many people; and clear out existing property which has deteriorated. Dr. Egan particularly pointed out that the area along second street is traveled by nurses and other pedes- trians late at night, and that this development would provide needed lighting. Mrs. Eugene Whitley, owner of property at 1224 2nd Street, appeared and stated she was seeking information as to what effect the proposed development would have across on 2nd Street, and stated that she would be opposed to the increased traffic. It was determined that Mrs. Whitley's property would in no way be affected, other than a general increase in traffic of the entire area. No one else appeared in connection with the foregoing application. Minutes Special Council Meeting April 29, 1968 Page 9 Motion by Sizemore, seconded by Bradley and passed, that the hearing be closed. Motion by McDaniel, seconded by Bradley and passed, that the recommendation of the Zoning and Planning Commission be concurred in and that Application #468-I, The Medi - centers of America, Inc., for change of zoning from "A-1" Apartment House District to "B-4" General Business District on all of Lots I, 2, 3 & 4, Block II, Ocean View Addition, be denied, but in lieu thereof a Special Permit be granted for a 6 -story "extended care" type hospital with necessary appurtenances, subject to a site plan to be approved by the Planning Staff, and that an ordinance be brought forward effectuating the Special Permit. City Manager Townsend raised the question as to the advisability; of directing that the ordinance granting the Special Permit to Medicenters of America, Inc. and the ordinance granting the request of Mrs. Ada Wilson for closing by relocation of an alley in Block 1I, Ocean View/Addition, be written simultaneously. Mayor Blackmon stated that, in ,view of the fact that the Council is in agreement to grant the latter request, and in the interest of time, he would recommend that both be written simultaneously. Mayor Blackmon announced the public hearing on Application #467-2, Mr. Jim Wilburn, Jr., for change of zoning from "R -IB" One -family Dwelling District to "B-4" General Business District, on Lot 15, Block "A", Phillips Addition. Larry Wenger presented the application; located the property on the zoning and land use map; described existing uses in the surrounding area; stated that at the Commission hearing held on April 2, 1968, Mr. Wilbum spoke on behalf of his application and stated that he planned to operate a used car lot on the property; that he was not necessarily interested in obtaining the zoning change if he could receive a Special Permit for this use. Mr. Wenger stated that two persons appeared in opposition concurring that this would be an encroachment into a resi- dential area and would open the way for more business zoning in the future; stated that the Staff reported that 18 notices were mailed, two received in favor and nine in opposition; that it was the recommendation of the Zoning and Planning Commission that it be denied on Minutes Special Council Meeting April 29, 1963 Page 10 on the basis that it would constitute "spot zoning", and the staff recommended denial on the basis this area is purely residential and the requested change would constitute spot zoning and create additional traffic congestion in an already crowded area. Mr. Wenger pointed out that the City had acquired Lot 16 for widening of Baldwin Boulevard, but that this portion had not been used. He further pointed out that this matter had been discussed with the City Right of Way Section and determined that the City has no intention of releasing or selling the 20 -foot strip out of Lot 16 facing Cleo Street and adjacent to Mr. Wilbum's property. City Manager Townsend stated that he did not concur that the City needs the additional width of right of way at this location; agreed that it would allow for better use of the abutting properties, and stated that an attempt had been made to sell to property owners without success. Mr. Jim Wilbum, Jr. spoke in behalf of his request and stated that he had been negotiating to buy the additional right of way; stated that he had been encouraged to make the request for "B-4" zoning because, in his opinion, properties along Baldwin Boulevard are not suitable for residential uses since this boulevard had been widened and the traffic increased considerably. He stated that he plans a first-class operation which would not be detrimental to the area, and that he would comply with all restrictions imposed to protect surrounding resi- dential properties; stated that he did not plan to operate a garage but only a used car lot for display purposes only, and that he only wanted to have a six-foot sign for his dealers operation. Mr. Victor Gonzalez, 2618 Cleo Street; Mr. George M. Liedecke, 2702 Cleo Street; Mrs. Cruz, 2614 Cleo Street; and Mr. Paul Leila, 2405 Francis, spoke in opposition to the requested zoning change on the basis that it would increase traffic and be an encroachment on a residential area which would open the way for more business zoning in the future, that there are other locations more suitable for this purpose, and stated they object to the other uses allowed in "B-4" Districts. In rebuttal, Mr. Wilbum stated that there are weeds 8 feet tall on the vacant lots in the area which he considers more dangerous than the increased traffic or the "honky tonks" referred to by the opponents; pointed out that a used car business is the mast peaceful business 0 Minute s Special Council Meeting April 29, 1968 Page 11 and stated that he only planned to operate four days a week. Motion by Bradley, seconded by McDaniel and passed, that the hearing be closed. Motion by Jimenez, seconded by Roberts and passed, that the foregoing application be tabled for further consideration. Mayor Blackmon announced the public hearing on Application #467-4, Dr. Everett L. Holt, for change of zoning from "AB" Professional Office District to "B-4" General Business District on all of Lots 10 thru 18, Bratton Place. Larry Wenger presented the application; located the property on the zoning and land use map, and described the present zoning uses. He stated that at the Commission hearing held April 2, 1968, Dr. Holt appeared in support of the request and stated that he planned to construct 30 apartment units in conjunction with retail uses for a proposed center to be known as "Weber Square Center," and had stated that definite commitments had been made for a 3,000 square foot drug store, a beauty shop, two small offices, and a "One Hour Martinizing" cleaning establishment. Mr. Wenger stated that there was opposition at the hearing based on concern as to whether or not alcoholic beverages would be sold under the "B-4" zoning, since the area is in close proximity to a school and a church. He stated that the Staff reported four notices were mailed, two received in favor and none in opposition; that it was the recommendation of the Zoning and Planning Commission that the request be denied, but in lieu thereof a Special Permit be granted to construct 30 apartment units with a parking requirement of I-1/2 parking spaces per unit, a "One Hour Martinizing" plant, a beauty shop, a drug store and two other offices, sub- ject to a site plan to be approved by the Planning Staff, and that the Staff recommended denial on the basis that "AB" zoning is adequate and in keeping with the character of the neighborhood. Dr. Holt appeared on behalf of the application; presented the architect's drawing of the proposed development and explained that the only reason they are requesting "B-4" General Business District zoning is to permit the uses proposed for the property, and that the Special Permit as recommended by the Zoning and Planning Commission is satisfactory. Dr. Holt stated there will not be any liquor sold on the premises, if for no other reason, they do not want a liquor store Minutes Special Council Meeting. Apri 129, 1968 Page. 12 next to the clinic. He further stated there is adequate parking spaces provided, amounting to five surplus spaces or 1-1/2 for each apartment, with an additional 15 spaces available which, are not shown on the site plan. Mr. Bill Bryan, representative of the Furman Avenue Church of Christ, stated they do not object to any of Dr,. Holt's proposed uses of the property, but that they do oppose the granting of "B-4" zoning because of the uses allowed inthis classification. Commissioner Lozano pointed out that some drug stores in the City do sell liquor, and suggested that it be written into the ordinance granting the Special Permit that there will be no liquor sold on the premises. Motion by Sizemore, seconded by Bradley and passed that the hearing be closed. Motion by Sizemore, seconded by Roberts that the recommendation of the Zoning and Planning Commission be generally concurred in and that Application #467-4, Dr. Everett L. Holt, for change of zoning from "AB" Professional Office District to '4B-4" General Business District on all of Lots 10 thru 18, Bratton Place, be denied, but in lieu thereof a Special Per- mit be granted to construct thirty apartment units with parking requirement of 1-1/2 parking spaces per unit, a "One Hour Martinizing" plant, a beauty shop, a drug store and two other offices, subject to a site plan to be approved by The Planning Staff. Motion by Bradley, seconded by Roberts and passed,. that the foregoing motion be amended so as to stipulate in the Special Permit that the sale of liquor will not be allowed on the premises, and that an ordinance be brought forward effectuating the Special Permit. Mr. Jack Davis appeared and appealed to the Council for relief in connection with requirements relative to his request for change of zoning on Block B, Brooklyn Addition, on which a public hearing was held March 5, 1968, and tabled for further consideration. Motion by Bradley, seconded by Roberts and passed, that the Council hear Mr. Davis' complaint at this time. Mr. Davis stated he felt the Council is not aware of what the Staff has required of him in order for him to reconstruct the Gulf View Fishing Pier which was destroyed by Hurricane Minutes Special Council Meeting April 29, 1968 Page 13 Beulah. He stated that he is being asked to relinquish his private fights by signing an agreement which would validate the agreed judgment with the City of 1956 and make it public. He further stated that he feels if the City wants to take his private rights, it s ould negotiate for them, and that he should be duly compensated. City Manager Townsend stated that the City is attempti g to make the pier compatible with the established plan for the overall development of Corpus Christi Beach, and that the plan is for uniformity for all the Beach area. Mayor Blackmon stated he believed the Council underst• nds the point Mr. Davis is making, and that the matter will be discussed further at worksho There being no further business to come before the Cou cil, the meeting was ad- Iou rned .