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HomeMy WebLinkAboutMinutes City Council - 05/27/1968 - SpecialMINUTES CITY OF CORPUS CHRISTI, TEXAS SPECIAL COUNCIL MEETING May 27, 1968 2:00 P. M. PRESENT: Mayor Jack R. Blackmon Mayor Pro Tem Ronnie Sizemore Commissioners: Dick Bradley, Jr. Gabe Lozano, Sr. Ken McDaniel City Manager R. Marvin Townsend City Attorney I. M. Singer 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 seven 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. Mayor Blackmon announced the public hearing on Application #468-5, The Diamond Shamrock Corporation, appearing first on the agenda. On recommendation of City Manager Townsend, it was agreed that the foregoing public hearing be deferred until later in the meeting to await the presence of counsel for the applicant. Mayor Blackmon announced the public hearing on Application #468-6, Commercial Investment Company, for change of zoning on the Southwest 10' of Lot 4 and all of Lots 5 & 6, Block 1506, Port Aransas Cliffs. Larry Wenger, Senior City Planner, located the property on the land use map, and pointed out the land use and zoning classifications of the surrounding area; stated that at the Zoning and Planning Commission hearing held April 16, 1968, Realtor John Thomason spoke on behalf of the application and explained that the applicant has an option to purchase the subject property subject to its being rezoned for the operation of a "Kentucky Fried Chicken" store. Mr. Wenger presented pictures of the type of building to be constructed and stated it was similar to the one located on Leopard Street. He further explained that the applicant had stated the reason for requesting "B-4" zoning was because of the size of the sign required which is standard throughout the United States for these chain stores, and also stated that they Minutes Special Council Meeting May 27, 1968 Page 2 were aware that a plan to relieve the traffic congestion at this intersection was being prepared by the City Staff, and that they would be agreeable and cooperate with any such plan at this intersection. Mr. Wenger stated that two other persons had appeared at the hearing in favor and none in opposition; that the recommendation of the Zoning and Planning Commission was that the request be approved as shown on the sketch presented subject to a replat showing the dedication of right of way for future development of this intersection, and that the Staff concurred in this recommendation. He reported that the Staff mailed out 17 notices, five received in favor and one in opposition. Mr. John Thomason spoke in support of the application and stated he had nothing to add to Mr. Wenger's presentation but that the applicants had done extensive research of the available areas and concluded this location was the most desirable, and that the development would be putting the land to its best possible use. He introduced Mr. Don Brewer, local manager, who stated that the operation needs the "13-1" zoning to allow the large free- standing sign customarily placed on buildings of the chain stores. He stated they will cooperate in a neighborly way in every respect, and that Urban Engineering firm is already working on a replat of the property for the dedication of the right of way. Mr. Jeff Wakefield, realtor, appeared and stated that the subject property is owned by his aunt, Mrs. M. G. Lee, who has lived at this location since 1940, and feels that she should seek a residence elsewhere since the area is no longer desirable for residences, and tho t this is an opportunity for her to sell the property. ReVerend Charles McKenon, pastor of the Westminister Presbyterian Church appeated and stated the church is not opposing the proposed operation but are concerned as to the increased traffic, blowing debris, and noise factor. In a rebuttal statement, Mr. Thomason stated that there will be no dining room where food will be consumed on the premises; that there will be some lighting; that hours will be to ten o'clock in winter and nine in summer; and no music projected. No one appeared in opposition to the foregoing application. Minutes Special Council Meeting May 27, 1968 Page 3 Motion by Bradley, seconded by Sizemore and passed that the hearing be closed. Motion by Bradley, seconded by Sizemore and passed, McDaniel abstaining, that the recommendation of the Zoning and Planning Commission be concurred in and that Applica- tion 4468-6, Commercial Investment Company, for change of zoning from "R -IB" One-fami ly dwelling District to "B-4" General Business District, on the Southwest 10' of Lot 4 and all of Lots 5 & 6, Block 1506, Port Aransas Cliffs, be approved as shown on the sketch presented subject to a replat showing the dedication of right of way for future development of this intersection, and that an ordinance be brought forward effectuating the change. Commissioner McDaniel stated he did not feel a zoning change should be imposed just to allow one individual to put up a sign. Mayor Blackmon announced the public hear- ing on Application 4468-7, South Texas Lawn Sprinkler Company, for a change of zoning on Lot 6, Block 3, Southwood Addition. Larry Wenger located the property on the zoning and land use map, and described the zoning classifications of the surrounding territory; stated that at the Zoning and Planning Commission hearing held April 16, 1963, Mr. Jim Fleming, representative of Givens Realty Company, had represented the applicant, and stated that the Company had a contract to pur- chase this property pending proper zoning, and explained that the building would be used as a retail contract sales office with storage of temporary supplies in the garage at the rear, and pro- posed to park trucks overnight along the 7 -foot fence along the rear of the property. Mr. Wenger stated that one other person had appeared in favor of the request and that no one had appeared in opposition; stated that the Staff reported that 20 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 denied, but in lieu thereof a Special Permit be granted for the proposed uses, with sign regulations limited to the "AB" zoning district, and that the Staff had recommended denial on the basis that it would have an adverse influence upon this residential area. Ha presented photographs which were exhibited at the Commission hearing showing the proposed uses. Mr. Jim Fleming, realtor, spoke on behalf of the request and stated that the Special Permit as recommended by the Commission would be satisfactory; that they planned Minutes Special Council Meeting May 27, 1968 Page 4 to clean up the premises and remodel the existing building into what would be an improvement to the neighborhood, and that he felt this would be the highest and best use of the property. No one appeared in opposition to the foregoing application. Motion by Lozano, seconded by Bradley and passed, that the hearing be closed. Motion by Sizemore, seconded by Lozano and passed, that the recommendation of the Zoning and Planning Commission be concurred in and that Application #468-7, South Texas Lawn Sprinkler Company, for change of zoning from "R -IB" One -family Dwelling District to "B-4" General Business District, on Lot 6, Block 3, Southwood Addition, be denied, but in lieu thereof a Special Permit be granted for a retail sales office for a lawn sprinkling business with parking area and temporary light storage at the rear of the property, and sign regulations limited to the "AB" zoning district, and that an ordinance be brought forward effectuating the change. Mayor Blackmon announced the public hearing on Application #468-9, Mr. W. H. Hammonds, for change of zoning on Lots 21-A and 21-8, Block 2, Flour Bluff Estates #2. Larry Wenger presented the application; pointed out the location and described the zoning classifications of the surrounding territory; stated that at the Commission hearing held on April 30, 1968, the applicant had appeared on behalf of the request and stated that he planned to build a duplex on each of the two lots, and had pointed out that there were various other multi -family uses in the immediate area. Mr. Wenger stated that the Staff reported that 14 notices were mailed prior to the Commission hearing, two received in favor and none against; that no one had opposed the request; that it was the recommendation of the Zoning and Planning Commission that it be approved on the basis that there are several multi -family units in the immediate area; and that the Staff had recommended denial on the basis that a duplex area should have a greater area for zoning and would create "spot zoning." Mr. W. H. Hammonds appeared on behalf of his request and described the type development which he proposed; stated they plan to move four small houses which will be remodeled; that they will have approximately 620' of floor space; will be one bedroom units Minutes Special Council Meeting May 27, 1968 Page 5 and placed on Tots of approximately 50' x 190'. He stated there will be ample parking space and that traffic will be no problem. No one appeared in opposition to the foregoing application. Motion by Sizemore, seconded by Lozano and passed, that the hearing be closed. Motion by Sizemore, seconded by Lozano and passed, that the recommendation of the Zoning and Planning Commission be concurred in and that Application #468-9, Mr. W. H. Hammonds, for change of zoning from "R -IB" One -family Dwelling District to "R-2" Two-family Dwelling District, on Lots 21-A and 2I -B, Block 2, Flour Bluff Estates #2, be approved and that an ordinance be brought forward effectuating the change. Mayor Blackmon announced the public hearing on Application #468-10, Jon B. Held, for change of zoning from R -IB" One -family Dwelling District to "B-4" General Business District, on 11 1/2 acres out of Lots 7 & 8, Section 50, Flour Bluff & Encinal Farm & Garden Tracts. Larry Wenger located the property on the zoning and land use map and pointed out the zoning in the surrounding territory; stated that at the Commission hearing held April 30, 1968, Mr. Held had appeared and presented a sketch showing the proposed business area development and its relation to the overall development of Waldron Heights Subdivision, and stated that this area was planned for business on the original preliminary plat filed with the Planning Commission; that he was ready to start acquiring tenants and planning this shopping center, and that construction is planned to be underway within the next one and one-half years. Mr. Wenger stated that three other persons appeared at the hearing opposing the requested zoning change stating that they were not opposed to business zoning but felt it should be "B -I" Neighbor- hood Business District and not "B-4" as requested, and suggested "B -I" zoning to which Mr. Held agreed. Mr. Wenger stated the Staff reported that six notices were mailed prior to the Commission hearing, one received in favor and none in opposition; that it was the recommendation of the Zoning and Planning Commission that it be denied, but in lieu thereof "B-1" Neighood Business District be approved subject to a proper plat, and that the Staff's recommendation was that it be Minutes Special Council Meeting May 27, 1968 Page 6 denied on the basis that it would be bad planning to have residential Tots facing commercial zoning. Mr. Held spoke on behalf of his request and stated that at the time the plat was approved by the Zoning and Planning Commission, it was required that he dedicate 60 feet of right of way on Airdrone Drive, instead of the usual 50 feet which is required for residential construction; that he was also required to install a larger sewer line than for residential pur- poses, also, the City required that he install a street in its 100' right of way on Glenoak to allow for traffic and provide utilities to that particular tract of land. He stated that, as a developer, he has no objection to facing residences on a business district, and that he feels this is the only logical place for this type zoning, and stated that "B -I" is adequate for the proposed neighborhood shopping center. Mr. Held further stated that the title to the property is in his name as trustee, and that the other owners are Fred Morgan and Phil Massad. Mr. Pat Morris appeared representing Drs. W. M. Fant, N. T. Hallick and Pat Hrissikopoulos, owners of property across the street, and stated that his clients are at a loss to understand why the Council denied their application for change of zoning on Lots I and 2, Section 53, Flour Bluff & Encino! Farm & Garden Tracts on which a public hearing was held April 29, 1968; his client's position now is that free competition should be promoted where it is desirable, and that they feel their property is equally as desirable as that of Mr. Held, and that this is substantially the basis for their opposition. City Manager Townsend explained that the item of which Mr. Morris referred is a tabled item and action deferred until after a hearing on the subject zoning application. Mr. Held stated that he felt too much zoning is as detrimental as too little; that he was not the main objector at the hearing - that there were other homeowners who objected more than he did, but stated that he denied the inference that he brought people to the hearing with instructions to object. Mr. Morris was provided with a form which he stated he would have his clients fill out and file for record to the effect that they are opposed to the unilateral rezoning of the Minutes Special Council Meeting May 27, 1967 Page 7 subject tract without the same consideration being given to their property which is similarly located. Motion by Bradley, seconded by Lozano and passed, that the hearing be closed. Motion by McDaniel, seconded by Bradley and passed that the foregoing applica- tion be tabled for further consideration of zoning of the entire four square mile area, and directed that the Staff provide necessary information, aerial maps, etc. Mayor Blackmon announced the public hearing on application #468 -II, Mr. & Mrs. M. K. Doerr, for change of zoning on Lot 7, Block 2, Nemec Subdivision. Larry Wenger located the property on the zoning and kind use map, and pointed out the present zoning uses; stated that the property backs up to a variety of uses but the area in predominently single-family; stated that at the Zoning and Planning Commission hearing held April 30, 1968, Mr. Doerr had appeared and stated that this street is developed with apartments such as he proposed all the way from the second house from his home to Ayers Street, and stated that at the present time he is only proposing a duplex or possibly a triplex, and that later he would develop into apartments. Mr. Wenger stated that no one had appeared in opposition to the request; that the Staff reported that 21 notices were mailed prior to the hearing, two received for and one in opposition; that it was the recommendation of the Zoning and Planning Commission that it be approved on the basis that there are several multi- fami ly units in the immediate area, and that the Staff had recommended denial on the basis that it would create "spot zoning" and would not be in keeping with the character of the neigh- borhood. Mr. Malcolm Doerr spoke on behalf of the request and stated that the area is now predominently apartment development, and that he felt the duplex or triplex he is proposing would be an improvement to the neighborhood; he stated that he has been accustomed to living in a nice home and that he plans to live in one of them himself; and that construction will be started within the year. No one appeared in opposition to the foregoing application. Minutes Special Council Meeting May 27, 1968 Page 8 Motion by Sizemore, seconded by Bradley and passed, that the hearing be closed. Motion by Sizemore, seconded by McDaniel and passed, that the recommendation of the Zoning and Planning Commission be concurred in and that Application #468-11, Mr. & Mrs. M. K. Doerr, for change of zoning from "R -IB" One -family Dwelling District to "A-1" Apartment HouseDistrict on Lot 7, Block 2, Nemec Subdivision, be approved as requested, and that an ordinance be brought forward effectuating the change. Mayor Blackmon announced the public hearing on Application #468-12, P. M. Rushing, for change of zoning on Lot 2, Block A, George's Place. Larry Wenger presented the application; pointed out the location and described the present zoning classifications on the land use and zoning map; stated that at the Commission hearing held on April 30, 1968, the Staff presented a site plan of a multi -family project pro- posed by the applicant, explaining a proposal to use the subject property in conjunction with adjacent Lot I, which is also owned by the applicant and which is presently zoned "13-4"; stated that Mr. Rushing had appeared on behalf of the request because he was advised to request a zoning change rather than going before the Board of Adjustment for a waiver of back yard requirements. Mr. Wenger stated that no one had appeared in opposition; that the Staff reported that 15 :notices were mailed prior to the Commission hearing, one was received in favor and none in opposition; that it was the recommendation of the Zoning and Planning Commission that it be approved on the basis that it would be a good transition between residental and commercial zoning, and that the Staff concurred in this recommendation. Motion by Bradley, seconded by Lozano and passed, that the hearing be closed. Motion by Sizemore, seconded by Lozano and passed, that the recommendation of the Zoning and Planning Commission be concurred in and that Application #468-I2, Mr. P. M. Rushing, for change of zoning from "R -IB" One -family Dwelling District to "A -I" Apartment House District, on Lot 2, Block A, George's Place, be approved as requested, and that an ordinance be brought forward effectuating the change. Mayor Blackmon announced the Council would now consider Application #468-5, the Diamond Shamrock Corporation which was deferred earlier in the meeting, requesting a Minutes Special Council Meeting May 27, 1968 Page 9 change of zoning on the South 175' of Lot 20, Block 7, Gardendale Subdivision, from "R -IB" One -family Dwelling District to "B -I" Neighborhood Business District. Larry Wenger located the property on the land use and zoning map, and pointed out the land use and zoning of the surrounding area; stated that at the Commission hearing held April 16, 1968, Mr. Tim Clower, Realtor, appeared on behalf of the request and stated that the Diamond Shamrock Corporation has a contract to purchase subject to "B-1" zoning for the con- struction of a service station; that two other persons had appeared at the hearing in favor of the request as being a logical extension of other commercial uses at this intersection, and that no one had appeared in opposition. Mr. Wenger stated that the Staff reported 10 notices were mailed prior to the Commission hearing, one was received in favor and none in opposition; that it was the recommendation of the Zoning and Planning Commission that it be denied on the Iasis that it would constitute encroachment into a residential area and would tend to encourage strip type zoning along Everhart Road, and that the Staff had concurred in this recommendation, but that a study should be made of the entire block for a logical overall development;that the Everhart Zoning Study made by the Staff states that a "business area along Everhart Road should have a minimum depth of 300 feet from Everhart Road." Mr. Wenger pointed out that Mr. Clower stated that he had checked with the City Engineering Division and was aware that there would be some dedication of right of way necessary for future widening of Holly and Everhart Roads. A lengthy discussion followed as to the varying widths of Everhart Road and the possibility of its being widened at the intersection of Holly Road. Mr. Clower spoke on behalf of the applicant and stated that his client is aware of the difference in width of Everhart at the subject location, and stated that they have con- sulted with the City Staff as to how much right of way the City will need on both sides. Mr. Clower presented a letter from the adjoining property owner of Lot I facing Everhart Road, in favor of the zoning request. He stated that plans are being formulated for the construction of a Medical Building on Lot 19, facing on Holly Road immediately back of the subject property, and stated that they favor the zoning change. Mr. Clower further stated that he had contacted Minutes Special Council Meeting May 27, 1968 Page 10 property owners in the area and had found no opposition to the request. He stated that this is to be a Shamrock Service Station; and presented photographs of numerous other service stations located on comers similar to the proposed one, pointing out that this is not an out of the ordinary request. Mr. Bill Kusel, Jr., appeared on behalf of his parents, owners of Lot 19, Block 7, and stated that they were in favor of this request because they also plan to make application for business zoning on their property for the construction of a medical building, and stated that in his opinion this corner should be zoned for business as a logical extension of other commercial zonings at this location. He pointed out that they plan to purchase Lot 20 to provide an en- trance to Everhart Road if the Medical Building materializes. Commissioner McDaniel stated that a plan should be presented showing the entire comer including Lots 19 and 20, and that it would seem logical to consider the entire inter- section at one time, to avoid setting a precedent on Holly Road by considering the two separately. Mr. Clower stated that a request will be filed for Lot 19 which will be the same as on Lot 20. No one appeared in opposition to the foregoing application. Motion by Sizemore, seconded by Lozano and passed, that the hearing be closed. Motion by McDaniel, seconded by Bradley and passed, that the foregoing appli- cation be table for further consideration. Mr. Clower stated that he would consult with Mr. Kusel and that a letter of authorization would be provided the Council as to the proper owners of both properties. There being no further business to come before the Council, the meeting was adjourned.