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HomeMy WebLinkAboutMinutes City Council - 10/28/1968 - Specialr MINUTES SPECIAL COUNCIL MEETING CITY OF CORPUS CHRISTI, TEXAS October 28, 1968 2:00 P.M. PRESENT: Mayor Jack R, Blackmon Mayor Pro Tem Ronnie Sizemore Commissioners: Dick Bradley, Jr. *Dr. P. Jimenez, Jr. W. .1. Roberts City Manager R. Marvin Townsend Assistant City Attorney Tom McDowell 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 four zoning applications, and any other business as may properly come before the Council, and explained the procedure to be followed. Mayor Blackmon stated that Commissioner Lozano was out of the City and Commissioner McDaniel was also absent. Mayor Blackmon announced the public hearing on Application 01068-1, Mr. R. H. Davis, for change of zoning from "AB" Professional Office District to "R -1B" One -family Dwelling District, on Lot D, Bancroft Dodge Farm Lots. 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 area. He explained that some of the area is in single family use, public park, church, business B-4, apartments, duplexes, and two Special Permits for apartment use. He stated that at the Commission hearing held on October 1, 1968, Mr. Davis, the applicant, appeared and stated that prior to his purchase of this property a year ago, the previous owner had obtained "AB" Professional Office District zoning. He does not intend to use the property as such, which is why he is requesting the change to single-family residential zoning. The Staff mailed 17 notices, three received in favor, none in opposition. The Staff's recommendation is that this application be approved as requested; the Planning Commission concurs. Mayor Blackmon stated that this application is a down -zoning. No one appeared for or against the application. Motion by Bradley, seconded by Jimenez, and passed that the hearing be closed. 1111 41111 Minutes Special Council Meeting October 28, 1968 Page 2 Motion by Jimenez, seconded by Roberts and passed, that the recommendation of the Planning Commission be concurred in and that Application #1068-1, Mr. R. H. Davis, for change of zoning from "AB" Professional Office District to "R -1B" One -family Dwelling District on Lot "D", Bancroft Dodge Farm Lots, be approved as requested and that an ordinance be brought forward effectuating the change. Mayor Blackmon announced the public hearing on Application #1068-2, Anna N. Benys, Business for change of zoning from "B -IA" Tourist Court District to "B-1" Neighborhood/District, on Lot 2, Block A, Manor Terrace Subdivision. Larry Wenger presented the application; pointed out the location on the zoning and land use map; and described the zoning classifications in the surrounding area, He explained that single family use or residential is behind this property; general business and a Special Permit for Kroger's also surround the area. He stated that at the Planning Commission hearing held on October 1, 1968, Mr. Paul Erb, realtor representing the applicant, appeared and stated that a G. I. Surplus Store was proposed for construction on the property of request, and would be a modern building with glass front. The Staff mailed six notices, one received in favor, none in opposition. The recommendation of the Staff and the Planning Commission is that this application be approved as requested, No one appeared for or against the application. Motion by Roberts, seconded by Bradley and passed, that the hearing be closed. Motion by Sizemore, seconded by Bradley and passed, that the recommendatign of the Planning Commission be concurred in and that Application #1068-2, Anna N. Benys, Business for change of zoning from "B -1A" Tourist Court District to "B-1" Neighborhood/District, on Lot 2, Block A, Manor Terrace Subdivision, be approved as requested and that an ordinance be brought forward effectuating the change. Mayor Blackmon announced the public hearing on Application #1068-3, American Dividend Credit Corporation, Mr. Ben F. McDonald, Trustee, for change of zoning from "R -1B" One -family Dwelling District, on the West ten feet of Lot 9, and all of Lots 10, 11, and 12, Block 35, Del Mar Addition. • • Minutes Special Council Meeting October 28, 1968 Page 3 Larry Wenger presented the application; pointed out the location on the zoning and land use map; and described the zoning classifications in the surrounding area. He explained that this area is bounded by Cole Street, South Staples and Brownlee Boulevard. The property is used as a parking lot at present. There is B-4 General Business, the Wynn Seale Junior High School, single-family use, duplexes, and multiple family uses in the area. Doctors offices are around the corner from this property. He stated that at the Commission hearing held on October 1, 1968, Mr. Jim De Anda, attorney, appeared before the Commission and explained that the American Dividend Credit Corporation has two buildings in this immediate area, the 1800 South Staples Building, and the Palm Plaza Building, which represent an investment of $1-1/4 million and over 200 stockholders. He stated that the Corporation is presently in serious financial difficulty and is undergoing a Chapter 10 proceeding of the Bankruptcy Act, which is basically a reorganization plan. The object of this proceeding is to ascertain if something can be done to reorgonizeand come up with a feasible plan that would put it back on a sound basis and avoid the complete loss of the Corporation. He further stated that no feasible plan can be made unless the land is rezoned to business so that it might be sold. Mr. Ben McDonald also appeared and stated that it was of vital importance that these lots be rezoned for their highest and best use; that the lots are unsuitable for residential use; and that the deed restrictions were removed about a month ago without objections from anyone living in the area. The Staff mailed 21 notices, five received in favor, four in opposition; six appeared in favor at the hearing; four appeared in opposition. The recommendation of the Staff is that this application be denied on the basis that the existing zoning is adequate for this area; the Commission recommendation is that the application be denied. City Manager Townsend read a letter received from Mr. James De Anda, attorney for the applicant, proposing an alternative to the application. The letter proposed that Lots 11 and 12 be changed to B-4 General Business District and the zoning an Lot 10 and the west 10 feet of Lot 9 remain as presently zoned and for its present use. This would serve as a buffer between the residential and business zoning. • Minutes Special Council Meeting October 28, 1968 Page 4 Mr. McDonald appeared before the Council in place of Mr. De Ando, who was in Court, and stated that Mr. Wenger had amply presented the case. Mr. McDonald stated that he is Trustee of the American Dividend Credit Corporation under Chapter 10 reorganizational proceedings. He stated that the Corporation is in temporary financial difficulty and cannot pay its current bills. His duties as Trustee are to collect all of the assets and see if there is any way that anything can be done to enable the organization to keep going. There are 350 stockholders in this Corporation in Corpus Christi. This Corporation is of some economic importance because of the two buildings owned by them that might have to be closed down. They are hoping to successfully reorganize the corporation to work out their financial difficulties. The property involved in this application has been used as parking space for approximately six years. A Special Permit was granted by the Board of Adjustment for this purpose. Mr. McDonald stated that with the area being surrounded by two main business streets, it would not be feasible for anyone to use these lots fora residential purpose. A value of $60,000 has been placed on the property. Mr. Tom Swantner commented on the parking needs of both the 1800 South Staples Building and the Palm Plaza Building. He stated that each building should have its own parking facilities, and discussions had been held with the different businessmen in the Six Points area as to future plans for development. Mr. J. B. Trimble, attorney, stated that he does have an office in the 1800 South Staples Building. He stated that these buildings are first class office buildings, well constructed, beautifully landscaped, and an asset to the area; but because of the parking problem, the buildings are losing tenants. Mayor Blackmon asked for members of the corporation who were present to be recognized: Dr. A. J. Ashmore, President; Mr. and Mrs. Jack Jester; Mr. Toni Swantner; Mr. Charles Steinmetz; Mr. Sam Ruegg; and Mr. Gilbert Isenberg. It was stated that Mr. Bradley, Councilman, is a stockholder, and therefore disqualifies himself from participating in the hearing and voting. Mr. McDonald inquired that since Mr. Bradley was disqualified, how would the vote qualifications be affected with the 20% rule in effect. He was advised by Mayor Blackmon that the Council would be considered as six members, which would need five affirmative votes in order to approve the application. • • Minutes Special Council Meeting October 28, 1968 Page 5 Mr. G. E. Meyer, 530 Cole, who is opposed to the change in zoning, stated that he would agree with Mr. McDonald that the property is in a residential area, but does not agree that it should be rezoned for general business area. He also stated that the residents were worried as what might be constructed on the property, such as beer joint, drive-in, pizza parlor, or a business that might have a lot of noise and traffic involved. He stated that in the 500 block of Cole there are 12 residents who own their own homes and some have been there for30 years. He only objects to the general business zoning. Mrs. F. H. Underwood, 524 Cole, stated that when the lots were bought on Cole Street, they were single-family dwellings, and any change would not be fair unless all residents wanted it. She believes the business would become a nuisance up and down the street as a traffic hazard. Mr. Jack Pedigo, attorney for Mrs. Thelma Lee Montgomery Manning, 532 Cole, Mr. C. H. Grett, 533 Cole; and Mr. T. E. Nicholson 537 Cole; stated that these people are opposed to the change in zoning. Mrs. Manning uses her home as headquarters for Monty's business, Specialties, but not as a regular/ no displays, warehouse, etc. He stated that every company has its problems his own has competition from downtown offices. The real problem, he believes, is that the ADC needs money from somewhere, and this is method they chose to obtain it. This neighborhood is basically residential, and even if the alternative proposal were to be used, they would still have problems. Mr. G. R. Schade, 524 Del Mar, and Mr. Frank Montgomery, Mrs. Manning's son, are both opposed to the change in zoning. Mr. Meyer agreed with Mr. Pedigo that even with the buffer zone and alternative pro- posal, there still will be no benefit. Mr. De Anda stated that the entire area is under deed restrictions. When they were removed on this land as well as adjacent land, the restrictions applying to drive-ins or anything with food outside were not removed. There are also other restrictions on the property which apply to certain types of businesses. Most objections seem to be over the sale of beer. He stated that while they do have financial problems, which may seem very simple to solve, many people have been working for months trying to work out a suitable plan for the reorganization. • • Minutes Special Council Meeting October 28, 1968 Page 6 A study has been made of the situation and this property involved seems to be the only solution as far as plans of the corporation are concerned, and they believe this change in zoning is in line with the zoning in the area, as no one is going to buy the property for residential use. Mayor Blackmon asked for a copy of the removal of the Deed restrictions which Mr. De Anda agreed he would provide. Motion by Bradley, seconded by Jimenez and passed, that the hearing be closed. Motion by Jimenez, seconded by Roberts and passed, Bradley abstaining, that this application be tabled for further consideration. *Dr. Jimenez departed the meeting. Mayor Blackmon announced the public hearing on Application #1068-4, Mary Cech Trefflich, and the Estate of Frank A. Cech, for change of zoning from "R -1B" One -family Dwelling District, to "B-1" Neighborhood Business District on Tract 1, being a 1.02 -acre tract out of the Northwest corner of Lot 22, Section 13, Encina) Farm and Garden Tracts, lying West of Airline Road; and change of zoning from "R -1B" One -family Dwelling District to "A-1" Apartment House District on Tract 2, being a 6.51 -acre tract out of the Southwest portion of Lot 22, Section 13, Flour Bluff and Encina) Farm and Garden Tracts, lying South of tract owned by Southwestern Bell Telephone, known as Wyman Addition. Larry Wenger presented the application; pointed out the location on the zoning and land use map; and described the zoning classifications in the surrounding area. He explained that the area is in single-family residential use, the Sundeen Junior High School, apartment zoning, and the telephone exchange building. He stated that at the Commission hearing held on October 1, 1968, Mr. Charlie Cech, representing the applicants, stated that since the property faces Airline Road, they did not believe it suitable for residential use. Also since adjacent properties had recently been zoned for apartment and businesses, they would like for their property to conform also. The Staff mailed 8 notices, three received in favor, none in opposition. The recommendation of the Staff and the Planning Commission is that the application be approved as requested. No one appeared for or against the application. • Minutes Special Council Meeting October 28, 1968 Page 7 Motion by Sizemore, seconded by Bradley and passed, that the hearing be closed. Motion by Bradley, seconded by Roberts and passed, that the recommendation of the Planning Commission be concurred in and that Application 01068-4, Mary Cech Trefflich, and the Estate of Frank A. Cech, for change of zoning from "R -1B" One -family Dwelling District to "B-1" Neighborhood Business District on Tract 1, being a 1.02 -acre tract out of the Northwest corner of Lot 22, Section 13, Encinal Farm and Garden Tracts, lying West of Airline Road; and change of zoning from "R -1B" One -family Dwelling District to "A-1" Apartment House District on Tract 2, being a 6.51 -acre tract out of the Southwest portion of Lot 22, Section 13, Flour Bluff and Encina) Farm and Garden Tracts, lying South of tract owned by Southwestern Bell Telephone, known as Wyman addition, be approved as requested, and that an ordinance be brought forward effectuating the change. There being no further business to come before the Council, the meeting was adjourned.