Loading...
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; Minutes 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 Minutes 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 Minutes 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 Minutes 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 Minutes 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; Minutes 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 Minutes 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 Minutes 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 Minutes 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.