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HomeMy WebLinkAboutMinutes City Council - 09/03/1968 - SpecialMINUTES CITY OF CORPUS CHRISTI, TEXAS SPECIAL COUNCIL MEETING September 3, 1968 2:00 P. M. 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 City Manager R. Marvin Townsend Assistant City Attorney Tom McDowell City Secretary T. Ray Kring Mayor Pro Tem Ronnie Sizemore called the meeting to order in the absence of Mayor 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, and 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 #868-1, Jamestown, Inc., for change of zoning from "R -1B" One -family Dwelling District to "A-2" Apartment House District, on Block 1, Stonegate North Subdivision, Unit 1. Senior City Planner Larry Wenger presented the application; pointed out the location on the zoning and land use map, and described the zoning classifications in the surrounding territory. He explained that the property is presently vacant; that most of the immediate area is in single-family use, and that the entire area is zoned "R -1B" with a few exceptions. He stated that at the Commission hearing held August 6,1968, Mr. A. C. McDavid, Jr. appeared on behalf of the applicant and described the proposed multi -family garden -type apartment complex of 92 one -bedroom and 118 two-bedroom units; stated that 375 off-street parking spaces will be provided, and that the total area is approximately 293,880 square feet. Mr. Wenger stated that the Staff reported that prior to the Commission hearing, 13 notices were mailed, two received in favor and none in opposition; that there was no opposition at the hearing; that the recommendation of the Planning Commission was that the request be denied for "A-2" but that in lieu thereof "A-1" Apartment House District be approved, and that the Staff concurred in this recommendation on the basis that "A-2" would create too much density in the area. Minutes Special Council Meeting September 3, 1968 Paga 2 Mr. Albert McDavid, Jr., Executive Vice -President of Jamestown, Inc., appeared, and stated that the property had been purchased for the purpose of creating a desirable residential area. He described the plot plan stating that the developer had attempted to create a buffer zone between the residential area and Everhart Road which will eventually become a heavy traffic artery serving the southern portion of the City; stated that the setback line will be approximately 500 feet from the center line of Everhart, and that they had attempted to minimize the flow and reduce the speed of traffic by directing it around the side of the property; that adequate fire lanes and open -space areas are planned; that the construction of a bridge across the Schanen Ditch is planned so that school children will not have to go around Everhart to Holly Road to get to school, and stated that the bridge is designed for vehicle traffic as wel I as pedestrian. Mr. McDavid described provisions for egress and ingress, and stated that the density ratio would not be to the extent of 210 units. He explained that the entire complex had been planned for young married couples with children; that it will be an asset to the general area and will increase the value of the properties. He stated that "A-1" zoning would be acceptable. Mr. Larry Urban of Urban Engineering, spoke in favor of the project as proposed, stating that his firm had worked with the applicant on this protect, and that in his opinion, it will be in the best interest of the neighborhood. Mr. Richard Hall, attorney, spoke in behalf of the homeowners in Stonegate Addition in opposition to the request. He cited a similar San Antonio case where he alleged the State Supreme Court had recently held that it must be shown by the applicant that the request would be in the public interest, the promotion of health, safety, morals, and general welfare of the community, and stated that he had not heard any evidence offered by the proponents showing any advantages to the homeowners by reason of the proposed rezoning. He stated he does not understand the logic of the suggestion that the subject area would serve as a buffer between the residential area and Everhart Road because of the two proposed entrances to the development off Everhart Road. Mr. Hall presented 99 signed letters from residents stating that they oppose the proposed apartment complex for two reasons: (1) increased traffic through the residential area and (2) deception in selling of residential area and then proposing to build a hugh apartment complex. Mr. Hall also presented photographs of the existing residences in the Stonegate area Minutes Special Council Meeting September 3, 1968 Page 3 to substantiate his contention that the apartment complex would be out of character with the existing development. He stated that there was no opposition interposed at the hearing before the Planning Commission because the notices were sent to the last owners appearing on the Tax Rolls and that in this instance it was the subdivider and that only a few of the residents received notice. City Manager Townsend explained that the residents on the Gardendale side did receive notice, but those on the Stonegate side who are the protesters may not have received notice individually. He stated that a petition containing approximately 50 signatures had been received in opposition to the request, and that nine letters had been received since the hearing protesting the application. Others appearing and speaking in opposition to the proposed zoning change were: Charles S. Timlin, 4646 Bonner Drive; John E. Grifno, 4602 Sheffield Lane; George W. Stevens, 4605 Bonner; James R. Strain, 4642 Sheffield Lane; Gary Ouverson, 4650 Bonner; Dr. J. Hendley, 4323 Phillippine Drive; Ed Baker, 4641 Bonner Drive; David E. Waller, 4642 Coventry Lane; Mrs. B. G. Crider, 4641 Coventry Lane; Oran E. Wilson, 4646 Coventry Lane; Don E. Novak, 4517 Sheffield Lane; Mrs. Frank Erickson, 4649 Bonner Drive; and Mrs. Vohn' Grawunder, 4510 Oxford Lane; Mrs. Helen A. Copes, 4421 Bonner Drive; John Trimble, 4425 Bonner Drive; Homer Fish, 4633 Bonner Drive; C. R. Howell, 2610 Rodd Field Road; and Mrs. Gladys House. A lengthy discussion followed as to market values; the location and status of the Roy Smith Property adjoining the subject property; access roads; park requirements; and assessed valuations off Everhart. No one else appeared to be heard in connection with the foregoing request. Motion by Bradley, seconded by Roberts and passed, that the hearing be closed. Motion by McDaniel, seconded by Bradley and passed, that the foregoing zoning application be tabled for further consideration. Mayor Pro Tem Sizemore announced the public hearing in Application #868-2, The Benedicting Fathers of Texas, for change of zoning from "AB" Professional Office District to "B-1" Neighborhood Business District, on Lots 1, 2, and 3, Block 7, Tracy Addition. Minutes Special Council Meeting September 3, 1968 Page 4 Larry Wenger located the property on the zoning and land use map and pointed out the zoning classifications of the general area; stated that at the Commission hearing held on August 6, 1968, Mr. Charlie Dorsey, realtor, had represented the applicants and stated they proposed to construct a Circle "K" Drive -In Grocery type of business which they felt would be of benefit to the neighborhood. Mr. Wenger reported that one person opposed the request on the basis that the sale of alcohol could be allowed under the requested classification, would increase traffic making it hazardous for children; and that two persons had appeared in favor. He stated that prior to the Commission hearing the Staff mailed out 31 notices, two received in favor and five in opposition; that it was the recommendation of the Planning Commission that the request be approved as submitted, and that the Staff's recommendation was denial on the basis that it would constitute spot zoning, would not conform with the land use and would tend to create strip -type business zoning along Baldwin Boulevard. *Commissioner Jimenez departed the meeting at this time. Mr. Charlie Dorsey spoke on behalf of the applicants, stating that he could not understand the recommendation of the Planning Staff that strip -type zoning was not desired along Baldwin since Baldwin is definitely not designed for residences and that the highest and best use of the property would be as proposed which would be consistent with the existing uses; stated that the proposed Circle "K" is needed and will be an asset to the neighborhood. Father Alfred Hoenig spoke in favor of the request stating that the requested use would add to the welfare of the people in the area; that in its present state it is a nuisance since it is grown up in weeks and is a target for disposal of bottles and trash, and is a hazard for children. He stated that their agreement with the Circle "K" is that the property will not be used for anything other than the grocery store. Mr. Seymour Mendell, speaking for the applicant, stated that the property definitely would not be used for anything other than the Circle "K". Mr. Ramon Martinez, 2622 Floyd, spoke in opposition stating that this type business would permit the sale of alcoholic beverages; would increase the traffic which is already congested; and is too close to the church. He named approximately eight other persons in the area who had indicated their opposition to the proposed use. Minutes Special Council Meeting September 3, 1968 Page 5 Motion by McDaniel, seconded by Roberts and passed, that the hearing be closed. Motion by Roberts, seconded and passed, that the foregoing application be tabled for further consideration. Mayor Pro Tem Sizemore announced the public hearing on Application #868-3, Dr. M. L. Norvell, for change of zoning from "R -1B" One -family Dwelling District to "A-1" Apartment House District, on Lots 11 and 12, Block 5, Del Monte Addition. Larry Wenger presented the application and pointed out the zoning and land uses in the surrounding area;stated that at the Commission hearing held on August 6, 1968, the applicant presented a site plan of how he planned to construct a 6 -unit luxury apartment complex with the entrance on Santa Fe and exit on Ohio, that there was ample parking space including eight or nine garages, and that construction will begin in six months. Mr. Wenger stated two other persons had spoken in favor and none in opposition;that the Staff reported 32 notices were mailed, none received in favor and six in opposition; that it was the recommendation of. the. Planning Commission that the request be approved as submitted. The Staff recommended denial on the basis that it would create "spot" zoning and would not be in keeping with the character of the neighborhood. Dr. Norvell spoke on behalf of his application and stated that he had discussed this proposed use with one of his neighbors and had encountered no opposition; stated he believed this is the highest and best use of the land, and that if the request is denied, he has no other plans for development of the property; that the existing building is old and unattractive, and in his opinion, the new apartment building would be an asset and improve property values. He further pointed out that to use for single-family dwelling, a $32 thousand dollar home would have to be built to justify the value of the land, and that this type home would not be in keeping with the character of the neighborhood. No one appeared in opposition to the foregoing request. Motion by Bradley, seconded by Roberts and passed, that the hearing be closed. Minutes Special Council Meeting September 3, 1968 Page 6 Motion by Bradley, seconded by Lozano and passed, that the recommendation of the Planning Commission be concurred in and that Application 0868-3, Dr. M. L. Norvell, for change of zoning from "R -1B" One -family Dwelling District to "A-1" Apartment House District, on Lots 11 and 12, Block 5, Del Monte Addition, be approved as requested and that an ordinance be brought forward effectuating the change. Mayor Pro Tem Sizemore announced the public hearing on Application 4868-4, Mr. E. G. Estrada, for change of zoning from "A-2" Apartment House District to "B-1" Neighborhood Business District, on Lots 13, 14, 15, and 16, Block 9, Patrick Webb Addition. Larry Wenger located the property on the zoning and land use map and described the zoning of the surrounding area. He stated that the property is presently being used as a parking lot, and that a special permit has been granted on the adjoining property for a grocery store but that has never been used as such, but is being used as single-family. He stated that at the Commission hearing held on August 6, 1968, the applicant had appeared and stated that he planned to use the property for operation of a radio -TV repair shop: stated that two persons had spoken in opposition on the basis that the noise generated from the shopping center directly across the street is a nuisance and they felt this would add to this nuisance. Mr. Wenger stated that the Staff reported that 19 notices were mailed, none received in favor and two in opposition; that it was the recommendation of the Planning Commission that the request be approved as submitted. The Staff recommended denial on the basis that existing zoning is adequate. Mr. Leo Duran, attorney, spoke on behalf of the applicant; described the proposed use and explained that Mr. Estrada had purchased the property about three years ago and at that time had planned to construct an apartment building, but that he now plans to rent for such businesses as Radio and TV repair, shoe repair, etc; stated that the shops will fuce on 21st Street and will be set back 50 feet; that entrance to the building on Marguerite will be from 21st Street; will be constructed of concrete blocks or prefabricated, and stated that in his opinion, will be an improvement to the neighborhood. Mr. Duran pointed out that one of the opponents at the hearing was the person who was granted a Special Permit on the adjoining property. • Minutes Special Council Meeting September 3, 1968 Page 7 Mr. Estrada spoke on behalf of his application, stating that those who were opposed were concerned as to whether or not beer would be sold on the premises. He stated that beer would not be sold, and that he would accept a Special Permit. Mr. Ben Sandate, 2324 Mary Street, spoke in opposition, stating that he is the party who obtained the Special Permit for a grocery store on the adjoining lot, and that they are opposed to the zoning change on the basis that the sale of slcohol could be permitted under this use; that he is opposed to unrestricted zoning, but would not be opposed to a Special Permit. A representative of the Christo Salvador Baptist Church appeared and stated that the church is only opposed to the sale of alcoholic beverages and would not oppose the radio and TV repair shop. Motion by Bradley, seconded by McDaniel and passed, that the hearing be closed. Motion by Bradley, seconded by Lozano and passed, that the foregoing application be tabled for further consideration. Mayor Pro Tem Sizemore announced the public hearing on Application #868-6, Dr. N. H. Morgan, for change of zoning from "R-2" Two-family Dwelling District to "AB" Professional Office District, on Lots 33, 34, and the North 14 feet of Lot 35, Block 812, Port Aransas Cliffs. Larry Wenger located the property on the zoning and land use map and pointed out the zoning of the surrounding territory; explained that the building is presently being used as a dwelling with a home occupation within the residence; stated that at the Commission hearing held August 6, 1968, Mr. Bill Reid, realtor, spoke on behalf of the application and stated that Dr. Morgan wishes to move his home to another location, and as a result, under a home occupation, he would not be able to continue his practice. Mr. Wenger stated no one had appeared at the hearing in favor nor in opposition; that the Staff reported 17 notices were mailed, four received in favor, and one in opposition; that it was the recommendation of the Planning Commission that the request be approved as submitted. The Staff concurred in this recommendation. He further pointed out that the applicant made a request for apartment zoning on this location which was heard by the Planning Commission, and subsequently heard by the City Council on February 5, 1968, and that a Special Council Permit was approved subject to a site plan to be approved by the Staff, and that the site plan has not been filed. Minutes Special Council Meeting September 3,1968 Page 8 Members of the Council expressed concem about the type of building and parking facilities, in case the building was converted into two offices. Mr. Bill Reid spoke on behalf of the applicant and stated that there are eight available parking spaces, and that the. building had been designed to resemble an office building. He further explained that the applicant had deferred his plans for the other property until he knows what action the Council will take on the subject property. City Manager Townsend reported that a telephone message had been received from Mrs. Patricia Gregory Green, owner of Lot 26, opposing the requested zoning change. No one appeared in opposition to the foregoing application. * Mayor Blackmon arrived at the meeting and assumed the Chair. Motion by Bradley, seconded by Lozano and passed, that the recommendation of the Planning Commission be concurred in and that Application #868-6, Dr. N. H. Morgan, for change of zoning from "R-2" Two-family Dwelling District to "AB" Professional Office District, on Lots 33, 34, and the North 14 feet of Lot 35, Block 812, Port Aransas Cliffs, be approved as submitted, and that an ordinance be brought forward effectuating the change. There being no further business to come before the Council, the meeting was adjourned.