HomeMy WebLinkAboutMinutes City Council - 06/17/1968 - SpecialMINUTES
CITY OF CORPUS CHRISTI, TEXAS
SPECIAL COUNCIL MEETING
,dune 17, 1968
2:00 P. M.
PRESENT:
Mayor Pro Tem Ronnie Sizemore
Commissioners:
Dick Bradley, Jr. City Manager R. Marvin Townsend
Dr. P. Jimenez, Jr. City Attorney I. M. Singer
Gabe Lozano, Sr. City Secretary T. Ray Kring
Ken McDaniel
W. J. Roberts
Mayor Pro Tem Ronnie Sizemore called the meeting to order in the absence of
Mayor Jack R. Blackmon, and stated the purpose of the meeting was to hold public hearings
on five zoning applications and any other business as may properly come before the Council.
He explained the procedure to be followed.
City Secretary T. Ray Kring called the roll of those in attendance.
Mayor Pro Tem Sizemore announced the public hearing on Application #568-1,
American House Moving Company, for change of zoning from "R -IB" One- family Dwelling
District to "1-2" Light Industrial District, on Lot 2A, Fallins Riverside Addition.
Larry Wenger, Senior City Planner, presented the application; pointed out the
location on the land use map and described the zoning classifications of the surrounding area.
He stated that at the Zoning and Planning Commission hearing held May 14, 1968, the applicant
did not appear on behalf of the request, but that the Staff had explained the history of the
zoning of this property; explained that the house moving operation was located on the prop-
erty prior to annexation; that an Interim Permit was granted for a period of three years which
was before the zoning in this area was finally adopted, and explained that the Interim Permit
had expired in January of this year. He stated that the applicant had been notified by the
City Staff that an extension of this permit would be necessary if he wished to continue the
operation. Mr. Wenger pointed out that the applicant had been granted multi -family zoning
on this tract in April 1967 subject to the filing of a proper plat, but that the applicant had not
pursued this development. He reported that two persons had appeared at the hearing in opposi-
tion on the basis that it would have a deteriorating effect on the residential character -of the area;
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Special Council Meeting
June 17, 1968
Page 2
would not be compatible with other uses; is not suitable location for industry; would be a
noise, fire and health hazard, and a detriment to the safety of children from the residential
area. He stated that no one had appeared in favor of the request; that the Staff reported
that prior to the Commission hearing, 11 notices were mailed, none received in favor and four
in opposition; that it was the recommendation of the Zoning and Planning Commission that the
application be denied on the basis that approval would constitute "spot zoning"; that this
area is experiencing residential growth and the continuation of this operation would be a
detriment to the area, and that the Staff concurred in this recommendation.
Mr. Hobert Taylor appeared on behalf of the request and explained that they
had requested Light Industrial District zoning, but that a Special Use Permit would be satis-
factory since they only need more time to move the operation to another location. He explained
that it is proposed that the premises be used for a temporary period for a housemoving operation,
pending completion of Interstate #37 which is located near the property, and stated that the
multi -family zoning development which had been granted in April 1967, had not been pursued
further because of the construction of C.H. #37 making it difficult to get into the property. He
assured the Council that it is not their intention to remain at this location; that they do have
a place to move but that they need approximately 12 months for this purpose. He further stated
that during this 12 -month period, he would have a plat submitted for approval on the multi -
ford ly development which has been granted.
Commissioner McDaniel stated that in view of the fact that this Council would
not likely be in office at the end of the I2 -month period, he would suggest that if a Special
Permit is granted it be made for eight months instead of 12 as requested.
Mr. J. T. Persons, 1205 UpRiver Road, owner of adjacent property, appeared and
stated that he would be opposed to the change of zoning to "1-2", but that he would not oppose
a Special Use Permit for the continuation of the existing use for a few more months.
Mrs. Gordon G. Rambo, UpRiver Road, spoke in opposition stating that this
operation is dangerous to children in the area, in creating a slum area, and stated that the
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Special Council Meeting
June 17, 1968
Page 3
applicant has had plenty of time to make other arrangements since the existing permit expired. She
further stated that she has had no difficulty getting to UpRiver Road during the construction of I.H.#37.
Mrs. Gibson, sister of Mrs. Rambo, appeared and concurred in the statements of Mrs. Rambo.
City Manager Townsend reported that letters had bean received from Messrs. Atlee and John
Cunningham in opposition to the zoning request, on the basis that it is a residential neighborhood
with many school children, and that the change would encourage a slow transition of adjoining land
uses to industrial development which would result in the deterioration of residences and promote
slum conditions.
Motion by Bradley, seconded by Roberts and passed that the hearing be closed.
Motion by Roberts, seconded by Bradley and passed, that Application #568-I, American
House Moving Company, for change of zoning from "R -IB" One -family Dwelling District, on Lot 2A,
Fallins Riverside Addition, be denied, but that in lieu thereof a Special Permit for the continuation
of the existing housemoving operation, be granted, with the condition that a termination date of
January 1, 1969, be imposed on the Special Permit; and also to be included in the Special Permit is
a condition that the City Council action of April 12, 1967, which approved Apartment Zoning on
the subject property subject to a proper plat will also be terminated on January 1, 1969, if such
platting has not been completed and the plat filed for record in the Plat Records at the Nueces
County Courthouse, and that an ordinance be brought forward effectuating this action.
Mayor Pro Tem Sizemore announced the public hearing on Application 4568-2, Mr. Buford
Nicholson, for change of zoning from "R -IB" One -family Dwelling District to "A-1" Apartment
House District and "3-1" Neighborhood Business District, on a 23 -acre, plus or minus, a portion
of Lots 21 & 28, Section 13, Flour Bluff & Encino( Farm & Garden Tracts (Shown as Lots 31$32,
Block 2, Gulfway-Airline Park Preliminary.)
Larry Wenger located the property on the land use map and pointed out the zoning
classifications of the surrounding area; stated that at the Zoning and Planning Commission hearing
held May 14, 1968, Mr. Nicholson appeared and explained the proposed development of the 80 -acre
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Special Council Meeting
June 17,1968
Page 4
tract located between Williams Drive and Holly Road and the proposed "A -I" and "8-1" uses for
this 23 -acre portion and stated that the remainder of the tract will be developed as residential;
that 300 apartment units is proposed for the project. Mr. Wenger stated that no one had
appeared in opposition; that the Staff reported that 10 notices were mailed, one received in
favor and none in opposition; that it was the recommendation of the Zoning & Planning
Commission that the request be approved subject to a proper plat, and that the Staff's recommen-
dation was that it be denied on the basis that this is not a well planned area for apartment or
commercial zoning, and that if it is approved the area between Airline Road and the Apartment
Complex would go commercial which is already sufficient for the immediate area. Mr. Wenger
stated that a preliminary plat submitted on April 16, 1968, known as the "Gulfway Airline Park"
had been approved by the Zoning & Planning Commission.
Mr. Nicholson appeared on behalf of the application and presented the pre-
liminary plat as referred to by Mr. Wenger, and stated they feel they have a well planned,
well located project adequately served as to traffic, utilities, and access, and will be a credit
to the neighborhood and City, and asked Mr. Larry Urban to explain the engineering aspects
of the project.
Mr. Urban pointed out on the preliminary plat the proposed development of the
80 -acre tract, explaining that Mr. Nicholson was an established developer, credited with some
of the major shopping centers and apartment complexes of the City; explained that he had pur-
chased 40 acres of this tract in 1959 with the idea of developing it as a residential area but
that problems through the years such as sewers, drainage and streets had arisen, and that now
they are more interested in the trend toward apartment development. He stated that beccuse of
the auto junk yard located immediately across the street, Mr. Nicholson had been unable to get
a loan on the property fronting on Williams Drive. He further stated that the applicant had
worked with the City Staff on the layout of the whole 80 acres for a 60 -foot right of way from
Williams Drive, and in getting a major trunk sewer system at this location. He explained that
it had been proposed to relocate the dedication of the park requirement so that it would be near
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Special Council Meeting
June 17, 1968
Page 5
an existing park; that he had unsuccessfully negotiated for about two years with the Cech Estate
for a permit to build a street abutting this property from Airline to the subject property.
In connection with the commercial portion of the request, Mr. Urban stated
that they felt the potential two thousand residents of the multi -family complex will more than
justify the small commercial area consisting of a service station, grocery store and clinic; that
a 1-1/2 parking ratio is provided, for these uses; pointed out the added tax revenue which would
be derived from the entire development, and urged a favorable action of the Council on this
request.
No one appeared in opposition to the foregoing application.
Motion by Bradley, seconded by Roberts and passed, that the hearing be closed.
Motion by Bradley, seconded by Roberts and passed that the recommendation of
the Zoning & Planning Commission be concurred in and that Application #568-2, Mr. Buford
Nicholson, for change of zoning from "R -IB" One -family Dwelling District to "A-1" Apartment
House District and "B -I" Neighborhood Business District, on a 23 -acre, plus or minus, portion
of Lots 21 & 28, Section 13, Flour Bluff and Encina; Farm and Garden Tracts (shown on Lots 31
& 32, Block 2, Gulfway-Airline Park Preliminary), be approved as requested subject to a proper
plat and provision for the construction of a street along the west boundary line of the tract for
access purposes.
The foregoing motion superseded a motion by Commissioner McDaniel to table
the application for further discussion on parking provisions for the commercial area which failed
for lack of a second.
Dr. Jimenez departed the meeting at this time.
Mayor Pro Tem Sizemore announced the public hearing on Application #568-3,
Mr. T. D. Bowen & Mr. D. E. May, for change of zoning from "A-2" Apartment House District
to "AB" Professional Office District, on Lots 49 & 50, Block 810, Port Aransas Cliffs.
Larry Wenger located the property on the zoning and land use map; described
the zoning classifications of the surrounding territory; stated that at the Zoning & Planning
Commission hearing held May 14, 1968, the applicant had appeared and explained the proposal
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Special Council Meeting
June 17, 1968
Page 6
to remodel the existing building on the property to be used as office space, with head -in parking
along Alameda Street the same as the Conway School located adjacent to the property. He
stated that no one had appeared at the hearing in opposition; that the Staff reported 24 notices
were mailed, three received in favor and two in opposition, and that a petition was presented
at the hearing with five signatures of property owners within the 200 -foot notification in favor;
that it was the recommendation of the Zoning and Planning Commission that the request be
approved on the basis that there is already "AB" zoning in this block; and that the Staff had
concurred in this recommendation.
Mr. David May appeared representing the applicant and stated that since the
application had been filed for "AB" zoning, they had found out that they could not comply
with the 20 -foot side yard requirement, and that he had been advised that a Special Council
Permit would suit their needs, since they only want to use the building for offices.
City Manager Townsend pointed out that a Special Council Permit cannot be
granted if the use permits a greater classification than the "AB" which was requested, and if
the applicant wished a waiver from the side yard requirement he should apply to the Board of
Adjustment as to a special hardship. Mr. Townsend further explained that the "AB" zoning
would allow the operation as requested, but that head -in parking would not be allowed.
No one appeared in opposition to the foregoing application.
Motion by Roberts, seconded by Bradley and passed, that the hearing be closed.
Motion by Roberts, seconded by Lozano and passed that the foregoing application
be tabled for more information.
Mayor Pro Tem Sizemore announced the public hearing on Application 4568-5,
Mr. Pete Hernandez for change of zoning on Lot 16, Block 25, Del Mar Subdivision, from "R -IB"
One -family Dwelling District to "AB" Professional Office District.
Larry Wenger located the property on the zoning and land use map, and pointed
out the zoning uses of the surrounding area; stated that at the Commission hearing held May 14,
1968, Mr. Richard Whitt, Realtor, representing the applicant, had appeared and stated that his
client proposed to construct a suitable building on this vacant lot to be used as a beauty salon;
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Special Council Meeting
June 17, 1968
Page 7
pointing out that the area was not suitable for residences due to proximity of Six Points; that one
person had appeared in opposition and two in favor; that the Staff reported 18 notices were
mailed, one received in favor and eight in opposition; that it was the recommendation of the
Zoning & Planning Commission that the request be denied on the basis that it would encourage
a "strip -type" zoning along Alameda Street; that this is a well established residential area,
and would be in direct conflict with the proposed Master Plan of the Six Points Business Area.
The Staff concurred in this recommendation.
Mrs. James A. Webb, 1238. Sixth Street, owner of the subject property appeared
and stated that the property has passed its use as residential property and urged favorable action
of the Council to rezone it for Professional use.
Mrs. L. D. Lummus, 509 Del Mar Boulevard, stated she was definitely in favor
of the zoning change, on the basis that the property could never be sold for residential use.
She stated she felt the Master Transportation Plan for rerouting the traffic through Six Points
would limit this area and would curtail its growth.
Mr. Carl Henny, 454 Cole Street, opposed the zoning request on the basis
that it would deteriorate the residential character of the area, and stated that there were
numerous other vacant places in and around Six Points which are already zoned for business.
Mr. Ed R. Garner, 446 Cole Street, opposed the zoning change, stating that the
homes in the area are well preserved; pointed out that those that have been sold recently have
received top price, and that he felt the proposed beauty shop operation would greatly reduce the
value of his property.
Mr. Alton D. Hayslip, 445 Cole Street, stated he felt it would be a definite
case of "spot zoning", would adversely affect the residential character of neighboring properties;
there are plenty of other places in Six Points available for this type of business, and stated that
the residences are needed to support the businesses in Six Points.
Mr. Dwain Smith, Vice President of the First State Bank, appeared against the
request stating that he felt this area should remain residential; would interfere with the traffic
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Special Council Meeting
June 17, 1968
Page 8
plan which is vital to the future of this business center and which has received the approval
of the majority of property owners in Six Points.
Mr. J. O. Moore, 454 Del Mar, and Mr. Walter Conn, 446 Del Mar, opposed
the zoning change request, concurring in the foregoing statements that it would devalue the
residential properties.
Motion by Bradley, seconded by Lozano and passed, that the hearing be closed.
Motion by McDaniel, seconded by Roberts and passed, that the recommendation
of the Zoning & Planning Commission be concurred in, and that Application #568-5, Mr.Pete
Hemandez, for change of zoning from "R -IB" One -family Dwelling District to "AB" Professional
Office District, on Lot 16, Block 25, Del Mar Subdivision, be denied.
Mayor Pro Tem Sizemore announced the public hearing on Application #568-6,
Mr. Harry R. Bamesberger, for change of zoning from "R -IB" One -family Dwelling District to
"A-2" Apartment House District on Lots 19, 20 & 21, Block 24, Del Mar Addition.
Larry Wenger presented the application and pointed out the existing zoning
classifications on the land use map; stated that a hearing was held before the Zoning &
Planning Commission May 14, 1968, at which time the applicant had appeared with his archi-
tect Mr. Ralph Bennett; that Mr. Bennett had described the proposed development as approxi-
mately a one-quarter million dollar apartment complex with a parking ratio of 1-1/2 spaces per
unit, 46 of which would be undemeath the four-story building and would house 29 apartments.
Mr. Wenger stated two persons spoke in favor of the request and one in opposition; that the
Staff reported 21 notices were mailed, three returned in favor and three in opposition and a
petition was received at the hearing with nine signatures of members of the Six Points Business
and Professional Association in opposition to the request. He stated that the recommendation
of the Commission was that the request be denied on the basis that it is in conflict with the
Master Plan for the Six Points Area and the Commission formally recommends that immediate
action in the upcoming bond election include activities to complete this sector of the Master
Plan; that it is felt by the Commission that this is a very good apartment complex design and it
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Special Council Meeting
June 17, 1968
Page 9
is a good and proper zoning of this particular property, and if immediate action is not taken
by the Council to complete this sector of the Master Plan, then the Commission recommends
that this zoning be granted. Mr. Wenger stated that the Staff recommended denial for the
following reasons: (I) spot zoning; (2) this area is now single-family and any change to
apartments will require revision of the sewer; and (3) the streets are not adequate to handle
the added capacity that apartments would create since streets in apartment projects are required
to have a 44 -foot paving section width within a 60 -foot street right of way.
Mr. Ralph Bennett spoke on behalf of the applicant, and showed a colored
projected slide of the proposed development. He explained that this plan had been stoned
in February of this year; that he had worked with the Zoning & Planning Staff on the pre-
liminary plans for the development design to determine what would be in harmony with the
overall plan for the Six Points area, and that he later learned that the Master Traffic Plan
would route a street through this piece of property, and that he could not understand objec-
tions of the Zoning & Planning Staff now when at that time their attitude seemed to be for
approval . Mr. Bennett explained that the proposed development is not the speculation type
project; that they feel it would add to the property values in an area of the City which has
been deteriorating in the past few years; and pointed out that the Commission has just recently
approved a request for Mr. Jim Young only two lots away from this property. He stated that
he feels this project can be planned to coordinate with the Six Points Interchange without
difficulty, and pointed out on an excerpt from the Master Transportation Plan the feasibility
of rerouting slightly to bypass this property; that the asset this project would be to the City
would justify some flexibility in the Plan, and that he would be willing to work with the City
in trying to get this development through.
Mr. Dwain Smith, Vice President of the First State Bank of Six Points appeared
in oppositian to this application on behalf of the Six Points Business & Professional Association,
and stated a petition with nine signatures of members of the Association opposing the application
had been filed at the Commission hearing, which urged prompt action in incorporating the Six
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Special Council Meeting
June 17, 1968
Page 10
Points Traffic Plan into a bond election at the earliest possible date. He stated he felt this
traffic ISlan was extremely important, and that if the granting of the subject application would
in any way interfere with the Master Traffic Plan, then he would be opposed to the request.
Mrs. L. D. Lummus, and Mr. Phillip W. McCrea appeared and spoke in favor
of the foregoing application. A letter was received from Mr. & Mrs. Paul H. Dunn, 441
Clifford, favoring the zoning change.
City Manager Townsend stated that the dual recommendation of the Zoning
& Planning Commission should be considered as two separate recommendations, and that City
Attorney Singer concurred in this as a proper procedure.
Commissioner Roberts expressed a desire to hear what the Staff would recommend
on the suggestion of Mr. Bennett to deviate from the original Master Trattic Plan for the Six
Paints Area.
Commissioner Sizemore stated he felt the hearing should be held open pending
further information as to amendment of the Master Plan, or acquisition of the subject property
to carry out this plan.
Motion by Roberts, seconded by McDaniel and passed that the foregoing
application be recessed until July 3, 1968.
There being no further business to come before the Counci I, the meeting was
adjourned.