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HomeMy WebLinkAboutMinutes City Council - 07/08/1968 - SpecialPRESENT Mayor Jack R Blackmon Commissioners: Dick Bradley, Jr. Dr. P. Jimenez, Jr. Gabe Lozano, Sr. *Ken McDaniel W. J. Roberts mums CITY Or CORPUS CHRISTI, TEXAS SPECIAL COUNCIL MEETING July 8, 1968 2:00 P.M. City Manager R. Marvin Townsend City Attorney I. M. Singer City Secretary T. Ray Kring Mayor Jack R. Blackmon called the meeting to order 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, 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 #668-1, M. George Prowse, for change of zoning from "R -1B" One -family Dwelling District and "B-4" General Business District to "I-2" Light Industrial District, on Lots 2 & 3 and the East 72.1875 feet of Lots 1 & 4, Block "E", Lexington Place. The hearing was held before the Zoning and Planning Commission on June 11, 1968, at which time Mr. George Prowse appeared and explained that he has a contract to sell the subject property for the storage of office equipment, merchandise, tool supplies, household furniture, boats, etc, and that the two buildings would be con- structed of concrete blocks with concrete roofs, each being 31.8' x 510' long. Two ot$er persons appeared at the hearing in favor of the zoning request and no one in opposition. The recommendation of the Zoning & Planning Commission was that it be AP^i ed, but in lieu thereof a Special Permit be granted for the storage and warehousing operation subject to the site plan as submitted and a 7 -foot cyclone fence surround- ing the property on three sides, and the Staff concurred in this recommendation. Mr. Prowse appeared on bPhi'11' of the application and explained that the proposed operation would be clean with no obnoxious odors, would be quiet with no manufacturing, and not objectionable to the adjacent school property. With respect to the fence as recommended, he stated that he had discussed with the Staff the possi- bility of granting the permit with the provision that the fence be constructed across the rear of the property and about 100 feet down the east side until some activity from the proposed operation exist because of the extra expense which would be incurred at this time, Minutes Special Council Meeting July 8, 1968 Page 2 Mt. Jewell C. Goates, owner of Lots 2 & 3, Block "C", stated he had no objections to the request, but that since there is no access to these lots, he 'would like to have his property rezoned the same as that which Mr. Prowse is request- ing. He further stated that other residents in the neighborhood seem to be generally agreeable to the proposed zoning change. Larry Wenger, Senior City Planner, stated that the requirement for the 7 -foot cyclone fence as is recommended by the Zoning and Planning Commission, was recommended from the standpoint of safety of the nearby school. Motion by Bradley, seconded by Lozano and passed, that the hearing be closed. Motion by Bradley, seconded by Roberts and passed, that the recommendation of the Zoning and Planning Commission be concurred in and that Application 068-1, Mr. George Prowse, for change of zoning from "R -1B" One -family Dwelling District and "B-4" General Business District to "I-2" Light Industrial District, on Lots 2 & 3 and the East 72.1875 feet of Lots 1 & 4, Block "E", Lexington Place, be denied, but in lieu thereof a Special Permit be granted for a storage and warehousing operation subject to the site plan as submitted and a 7 -foot cyclone fence surrounding the property on three sides, and that an ordinance be brought forward effectuating the Special Permit. Motion by Jimenez, seconded by Lozano and passed, that the zoning appli- cation of Mr. Frank Peerman be heard at this time. Mayor Blackmon announced that Mr. Peerman's application #568-4, was for a change of zoning from "E -1B" One -family Dwelling District to "A-1" Apartment House District, on a 36 -acre tract out of Lots 12, 13, 14 and 15, Section 17, Flour Bluff & Encinal Farm & Garden Tracts, known as future Unit 3, Pharaoh Valley North. Larry Wenger presented the application; pointed out the location on the zoning and land use map and described the zoning classifications of the surrounding territory. He explained that the area will be an additional subdivision of Pharaoh Valley; stated that at the Commission hearing held May 14, 1968, no one had appeared to represent the applicant but that three persons were present and spoke in opposi- tion on the basis that the proposed development would not be in keeping with the residential character of the area. Be stated that prior to the Commission hearing Minutes Special Council Meeting July 8, 1968 Page 3 the Staff reported that 20 notices were mailed, none received in favor and two in opposition, and that the Commission deferred action at that time pending a further study from the Staff and a report from the City Council as to whether they are going to require some of the property for an "Open Space" application to be used to increase the area of Oso Municipal Golf Course. He stated that on May 28, 1968, the Staff reported to the Commission that a study had been made after consideration of various land use factors in the area affected by Mr. Peerman's application, and recommended that "A-1" Apartment House District be denied but in lieu a Special Permit be granted for construction of Multiple -family structures with a density no greater than that allowed in the "R -1B" One -family Dwelling District, subject to an approved plat, and that in view of this report, the Commission unanimously voted to adopt the Staff's recommendation and forward to the City Council. Mr. Peerman presented Mr. Graford N. Rogers, 529 Sheridan, owner of the subject property. Mr. Rogers pointed out on a plat certain areas which the engineers had concluded could not be filled in and used for residences because of the cost factor. He pointed out the number of lots which could not be used, and stated that this was the reason the plan had been abandoned for single family residences. He explained that the request is for Apartment House District with a population density as is required by the City the same as one -family dwellings; stated that they pro- pose an area of approximately 22 acres for apartments instead of the 36 acres as stated in the application, and that 15 acres is proposed for residences. He pointed out on the map the low area which is flooded and stated that the drainvge storm sewer goes all the way from McArdle to Airline. Mr. Peerman spoke in favor of the request and stated that it is almost Impossible to divide this land up into streets for single family development; stated that it is a logical and practical conclusion that apartments can be clustered without increasing the population density; and explained how it is proposed to develop the high area as private property; described the street plan and access in relation to the clustering. He stated that it is the plan to give money in lieu of the land for park dedication inasmuch as there are already adequate parks in this area, but stated that this plan could be changed if the land dedication is more acceptable. In connection with the Juelg property, he stated that access to this property is almost impossible without substantial bridging. Minutes Special Council Meeting July 8, 1968 Page 4 Mr. Pat Morris, representing the Woodlawn-Haas Civic Association appeared and presented a petition containing approximately 224 signatures of residents in the area in opposition to the foregoing request, on the basis that it would create con- gestion of the land and schools, and would devalue surrounding properties; that it would be out of keeping with the residential character; would be in conflict with the purpose of the zoning ordinance, and would not be the most appropriate use of the land. He pointed out that if the Council grants the Special Permit as recommended by the Zoning & Planning Commission with the plat to be submitted at a later time, then the residents would be denied the opportunity to appear and speak against the plat. Mr. P. A. Penley, 1013 Sudan, appeared and spoke in support of the peti- tion filed by the Woodlawn-Haas Civic Association in opposition to the request, on the basis that the potential population of the proposed apartment units would seriously affect the traffic around the schools. Mr. Carl Duaine, 621 Atlantic, spoke on behalf of Mr. Edwin Juelg, and stated that the owner of this property should be required to provide an entrance to the Juelg Tract from the subject property, otherwise, the only entrance would be through the Oso Golf Course. He pointed out that other applications for zoning eheeges in this area have been held up becuase they were advised that the City planned to acquire a portion of the property for "Open Space" program; that the y believe a plat should be submitted at the time of the hearing; that the ownership, which is questionable on some portions of the property, should be resolved; and further stated that his client feels this request should be tabled for information and the entire area studied as a unit. He stated it appears to him that there is "some kind of subtefuge." City Manager Townsend stated, by way of clarification of the "open Space" question, that he had requested that the Staff make a study to determine whether or not a wider protection area around the Oso Sewage Treatment Plant is needed. Mr. I. M. Glasser, 6601 Pharaoh; Dr. H. N. Seimer, 1014 Memphis; and Mr. R. D. Jennell, Jr., 7134 Pharaoh, all appeared and spoke in protest to the request on the basis that it would not be in keeping with the residential character of the neighborhood; would be contrary to uses for which the adjacent property owners had acquired their property; that it would create more traffic in the Pharaoh Valley Minutes Special Council Meeting July 8, 1968 Page 5 Subdivision and would be a safety hazard for school children from the two elemen- tary schools. Mr. Glasser stated he had filed a written objection on file in the office of the Zoning and Planning Department. Mr. Jennell pointed out that the City had spent considerable money on the Harland Bartholomew Plan and that this area is the last of that projected plan; that the natural terrain of the subject area is ideally suited for parks which he stated the City is in need of, and that he is definitely in favor of preserving it for this purpose. Mrs. James Scott, president of OPUS, filed a statement from this organiza- tion in support of the Woodlawn-Haas Civic Association's position in their request for denial of this proposed zoning as being in the public interest, on the basis that they believe piece -meal platting is not dealing honestly with taxpayers; that zoning should follow planning; and that the several problems pointed out through the organ- ization of this group indicate a serious need to revise zoning procedures. In rebuttal to the foregoing opposition, Mr. Peerman stated he did not fully understand the opposition. He explained that the correct figure as to the area of the land should be 22.88 acres; that a plat has been approved by the Zoning & Planning Commission but has not been Filed for record; stated he resented the implication in the term "subtefuge" used by Mr. Duaine, and stated that he had tried to present all the facts. He stated that he felt the objectors had placed an un- warranted stigma on apartment dwellers, and that with the changing modern times, he feels greater emphasis should be placed on multiple -family dwellings and accept the fact that apartment dwellers are good people too; stated that the dream of a park is great but that somebody has to pay for these parks. He further stated that Mr. Rogers has paid his money for this land and that he is entitled to a return on it. Mr. Morris stated the filing of the plat is part of the objection his group has attempted to interpose - that if this hearing is closed and this zoning ie approved subject to a proper plat, this is the last opportunity they will have to be heard. Dr. Seimer stated that so far as who is going to pay for the parks, the City has already spent considerable money on the Harland -Bartholomew Plan and that some use should be made of the plan. City Manager Townsend stated that he felt any Special Permit should not be granted without a proper plat and that it should be conditioned on a definite site plan. Minutes Special Council Meeting July 8, 1968 Page 6 Motion by Bradley, seconded by Lozano and passed, that the hearing be closed. Motion by Jimenez, seconded by Lozano and passed, that the foregoing application be tabled for workshop July 15. Mayor Blackmon announced the public hearing on Application #668-2, Mr. Bernie Bray, for hinge of zoning from "R -1B" One -family Dwelling District to "B-1" Neighborhood Business District on a one -acre tract known as B.D. Bray Addition. City Manager Townsend explained that the foregoing application was not contested; that both the Commission and the Staff had recommended approval, and that it is a clear-cut proposal for upgrading the area. Mayor Blackmon, after determination had been made that there was no one present in opposition to the application, suggested that further deliberations be dispensed with, and that the application be granted as recommended. Motion by Bradley, seconded by Lozano and passed, that the hearing be closed. Motion by Lozano, seconded by Bradley and passed, that the recommendation of the Zo ing and P1stining Commission and the Staff be concurred in and that Applica- tion #668-2, Mr. Bernie Bray, for change of zoning from "R -1B" One -family Dwelling District to "B-1" Neighborhood Business District on a one -acre tract known as B.D. be Bray Addition,/approved as requested, and that an ordinance be brought forward effectuating the change. Mayor Blackmon announced the public hearing on Application #668-3, Mr. Carlos Villarreal, for change of zoning from "R -1B" One -family Dwelling District to "B-4" Genera]. Business District, on Lot 8, Block D, Broadmoor Park No. 2, 2n6 Exten- sion. Larry Wenger located the property on the zoning and land use map; stated that at the Commission hearing held on June 11, 1968, Attorney Pete Garcia had repre- sented the applicant and described the proposed use of the property. Mr. Wenger stated that one person had appeared in opposition; that the Staff reported that 30 notices were mailed, one received in favor and three against; that it was the recom- mendation of the Zoning and p1snning Commission that the request be approved, and the Staff concurred in this recommendation. Minutes Special Council Meeting July 8, 1968 Page 7 *Commissioner McDaniel reported at the meeting at this time. Mr. Pete Garcia, attorney, appeared and spoke on behalf of the applicant and stated that his client proposed to construct a commercial type building on the back of his property to house a barbershop and beauty parlor. He pointed out that the business would face on Port Avenue. He presented pictures showing the various commercial uses in the area as evidence that the requested operation would be in conformance with the existing uses; stated that Mr. Villarreal plans to remove the garage which is located on the rear of his property, and will replace it by the pro- posed building, and explained that his existing residence is located on the front of the lot facing Garita Street. He stated there would be no parking problem. A discussion followed as to egress, ingress and parking, because of the depth of the property where the building would be located. Mr. Garcia stated that a Special Permit for the requested operation would be acceptable on the back portion of the lot. Mr. R. G. Aleman, owner of Lot 6, appeared in opposition on the basis that the change of zoning would open the area to all kinds of business; that there are no sidewalks on Barite Street, and that the increased traffic would create a hazard to the school children in the area. City Manager Townsend stated a letter had been received since the Commis, sion hearing from Mrs. Sophia Collins, 2910 Barite, owner of Lot 8, in opposition. Motion by Bradley, seconded by Jimenez and passed, that the hearing be closed. Motion by Jimenez, seconded by Bradley and passed, that Application #668-3, Mr. Carlos Villarreal, for change of zoning from "R -1B" One -family Dwelling District to "B-4" General Business District, on Lot 8, Block D, Broadmoor Park No. 2, 2nd Extension, be denied, but in lieu thereof a Special Permit be granted on approxi- mately the back half of the Lot for the operation of a barbershop and beauty parlor facing Port Avenue, subject to the filing of a site plan, and that an ordinance be brought forward effectuating the Special Permit. Mayer Blackmon announced the public hearing on Application #568-8, Mr. Delbert Bowen, for change of zoning from "R -1B" One -family Dwelling District to "AB" Professional Office District, on Lot 5, Block 6, Koolside Addition. Minutes Special Council Meeting July 8, 1968 Page 8 Larry Wenger located the property on the zoning and land use map and pointed out the zoning classifications of the surrounding area; stated that at the Zoning and Planning Commission hearing held May 28, 1968, Attorney Charles Cartwright appeared on behalf of the applicant and stated that his client was a realtor who had made the request for Mr. & Mrs. O. L. Tingle who have a contract to purchase the property pending proper zoning or a Special Permit for the operation of a day care nursery. Mr. Wenger stated that a petition had been presented with 18 signatures of area residents in favor of the request. Mr. Wenger stated that the Staff reported 26 notices were mailed, one received in favor and one in opposition; that it was the recommendation of the Zoning and Planning Commission that it be denied on the basis that it would create a traffic hazard along Airline Road and the lot is too small for such an operation; that the Staff had recommended denial on the basis that it would create "spot zoning" as this is an established residential neighborhood and would tend to encourage future zoning changes that would become "strip type" busi- ness. Dr. Jimenez departed the meeting at this time. Mr. Charles Cartwright spoke on behalf of the applicant and stated that his client had requested "AB" zoning, but that a Special Council Permit for the desired operation would be satisfactory. He explained that the premises would be used solely for this purpose; would be maintained in the residential character; would operate in accordance with the requirements of the State Welfare Department govern- ing such operations; that a fence would be constructed in accordance with City requirements; that there is a need for this type of operation in this high popula- tion density area of small children and working mothers; and stated that the pro- posed day nursery will not be in competition with the montessori school in the area. $e further pointed out that the Council had granted a Special Council Permit in 1963 for a similar nursery on Lot 10, but that the school was never developed; that the need is greater today than at that time because of the changing character of the neighborhood due to the widening of Airline Road. He pointed out that there was some opposition from the resident next door but that it was found that both hie tenants had signed the petition in favor of the request; stated that the other objections were on the alleged parking problem to which he explained that parking lanes are on both sides of the street and that an asphalt circular drive can be Minutes Special Council Meeting July 8, 1968 Page 9 constructed in font of the building if it is deemed necessary. Mr. Cartwright presented a petition containing approximately 36 signatures in favor of the request. Mr. i)el.bert Bowen spoke in favor of the request on the basis that it is needed and stated that he does not feel it will be a traffic hazard. Mr. James Taylor, 701 Brock, owner of Lot 6, Block 6, located immediately adjoining the subject property, stated that his tenants who signed the petition in favor of the request are at liberty to move out any time. He stated that he is opposed to the request and feels that it will devaluate his property. Mr. l,. R. Morgan, 6026 Ebonwood, appeared and stated his property was located within 70 feet of the subject property and stated he was opposed to the proposed day nursery operation on the basis that it would devaluate his property; that it would be in violation of the deed restrictions which were established in 1940; and that there was not enough frontage on the property to allow for a circular drive as was proposed. He stated he had discussed this zoning request with other residents, particularly to the rear of the property, and that the majority had indicated opposition. In rebuttal, Mr. Cartwright showed photographs of Mr. Taylors property and also pictures of the subject property, and stated that his client would like an opportunity to bring the subject property up to the standard of Mr. Taylor's property. Motion by Bradley, seconded by Lozano and passed that the hearing be closed. Motion by McDaniel, seconded by Lozano and passed, that the foregoing zoning matter be tabled for further consideration. There being no further business to come before the Council, the meeting was adjourned.