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HomeMy WebLinkAboutMinutes City Council - 12/11/196811, PRESENT: MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING December 11, 1968 2:00 P. M. 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 City Attorney I. M, Singer City Secretary T. Ray Kring Mayor Jock R. Blackmon called the meeting to order. The Invocation was given by the Reverend B. J. Garber of the First Church of the Nazarene. City Secretary T. Ray Kring called the roll of those in attendance. The Minutes of the Special Council Meeting of November 25; Regular. Meeting of November 27; and of the Regular Meeting of December 4, 1968, were approved as furnished to the Council. Mayor Blackmon recognized the Student Council of the Baker Junior High School and their Sponsor, Miss Marilyn Atkins, and read and presented Certificates of Attendance to the following students: Allen Bailey, Bruce Marshall, Linda Mesloh, Sharon Edwards, Dick Hernandez and Paula Schultze. Mayor Blackmon called for the opening of bids. Bids were opened and read on the construction of street improvements on Ocean Drive, from 595' east of Airline Road to Alameda Street, including the construction of a seawall from near Poenisch Drive to Palmetto Street, from the following firms: Heldenfels Brothers and B & E Construction Company. The foregoing bids were tabled for 48 hours as required by the City Charter and referred to the City Manager for tabulation and recommendation. Mayor Blackmon announced the public hearing for the closing of the alley extending along the rear of Lots 4 and 17, in Block 5, Sunset Place. Minutes Regular Council Meeting December 11, 1968 Page 2 City Manager Townsend presented the request and explained that it had been initiated by Southwestern: Oil and Refining Company; that the letter of request had pointed out that a portion of the subject alley, from its intersection with Nueces Bay Boulevard to the point of intersection with the east boundary lines of Lots 2 and 19 in Block 5, had been closed in 1964. He further explained that in connection with this request the Southwestern Oil and Refining Company is presently seeking a rezoning of Lots 4 and 16 in Block 5. Mr. Townsend stated that the affected City Departments had been contacted, and that since there are no utility lines in the subject alley, no objections had been submitted. He stated that the Staff has no particular concern with the closing of the alley, but mainly interested in the effect the rezoning of this piece of property would have on the plan for transition of the Hillcrest area into residential use. Mr. Hayden Head, Jr. appeared representing the Southwestern Refining Company, and presented the Council with a letter signed by the Company's attorney, Mike Ken- drick, Jr., which set out the position of the applicant with regard to the request for change of zoning from "A-1" Apartment House District to "B-1" Neighborhood Business District, on Lots 4 and 16, which is scheduled for hearing later in this meeting, and stated the request for closing the subject alley is merely to extend the length of the alley closing enacted by Ordinance No. 7206 in 1964. No one appeared in opposition to the foregoing request. Motion by Sizemore, seconded by Roberts and passed, that the hearing be closed. Motion by Sizemore, seconded by Roberts and passed, that the alley extending along the rear of Lots 4 and 17, in Block 5, Sunset Place, be closed as requested, and that an ordinance be brought forward effectuating the closing. Mayor Blackmon called for the City Manager's Reports. Motion by Sizemore, seconded by Lozano and passed, that the City Manager's Reports be accepted, and that the requests and recommendations be granted and approved as fol lows: Minutes Regular Council Meeting December 11, 1968 Page 3 a. That the award of bid on an oil and gas lease on 130.268 acres of land in 78 tracts located in the City of Corpus Christi, be made to Kelly Bell, for a one-year period beginning December 4, 1968, for a cash bonus of $9,444.43 to be paid in advance, and in addition to all other consideration set out in the lease; (Bid Tabulation 0-56-68) b. That acceptance and final payment of Estimate No. 3, in the amount of $20,516.23, representing the balance due Casey and Glass, Inc., for completion of construction of the H,E. B. Tennis Center Court be approved, with payment to be made from funds previously appropriated; c. That an appropriation in the amount of $3, 100, of which amount $3,000 is for acquisition of Parcel No. 18-C, and $100 for incidental expense, in connection with the Ocean Drive - Craig to Alameda Street improvement project, be approved, and that real estate sales contract with owners, R. L. Garrett and wife, Eleanor Garrett, be authorized; d. That the authority to advertise for bids to be received January 8, 1969, for the improvement of Highland, from Morgan to Port Avenue; Osage, from Highland to Chippewa; Port Avenue, at the Morgan Street intersection; and sidewalks along McMullen Road and Navigation Boulevard to the new West Oso High School, be granted; e. That the authority to enter into a contract with the Corpus Christi Stake Branch Genealogical Library of the Church of Jesus Christ of Latter Day Saints for a genealogical library at La Retama Library, be granted, with the stipulation that the collection be non -religious, contain only genealogical information, and have the specific approval of the City Library Director; f. That the authority to enter into a maintenance agreement with the State of Texas for maintenance, control, supervisionand regulation of all State Highways located inside the City, be granted; g. That acceptance and final payment of Estimate No. 6, in the amount of $9,312.24, representing the balance due the contractor, Mansheim Company for com- pletion of construction of the South Padre Island Drive, Tuloso Circle and Greenwood • Minutes Regular Council Meeting December 11, 1968 Page 4 Drive Sanitary Sewer Improvements, be approved granting a 13-1/2 day extension of contract time, and that payment be made from funds previously appropriated from No. 250 Sanitary Sewer Bond Funds; h. That acceptance and final payment of Estimate No. 2, in the amount of $6,357.37, representing the balance due the contractor, Tanner Freeman, for completion of construction of alterations for the City Council Chambers, be approved, and that pay- ment for this amount be made from 102 General Fund previously appropriated; i. That the preliminary report for Runway and Taxi improvements at International Airport by Rader and Associates, be approved; j. That the award of bid on one truck which was made to Creveling Motor Company on November 27, 1968, be cancelled on request of the bidder and re -awarded to the second low bidder as follows: (Bid Tabulation #557-68) LEWIS BOGGUS MOTOR COMPANY Item 16 1 20,000 GVW Cab and Chassis (6 man crew cab) 102" CA Standard Domestic 8 cyl. $3,487.95 k. That an appropriation in the amount of $10,524, of which amount $10,370 is for acquisition of Parcel No. 18-D, being a portion of Lots 1, 2, 3, 4, and 5 of the Clark Pease Bay Front Lots, and $154 for incidental expenses, in connection with the Ocean Drive - Craig to Alameda, street improvements project, be approved, and that real estate sales contract with the owner, R. W. DePuy, be authorized; I. That the date of December 23, 1968, be set for public hearing for the closing of a portion of an alley running approximately north and south in Block 903 between Lots 7 to 16 and 49 to 58, Fitchue Place Addition. FIRST READING OF AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE, FOR AND ON BEHALF OF THE CITY, AN OIL AND GAS LEASE ON 130,268 ACRES OF LAND IN SEVENTY-EIGHT (78) TRACTS LOCATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, WITH KELLY BELL, FOR A ONE-YEAR PERIOD, BEGINNING DECEMBER 4, 1968, FOR A CASH BONUS TO BE PAID IN ADVANCE, IN ADDITION TO ALL OTHER CONSIDERATION SET OUT IN THE LEASE FORM, ALL AS MORE FULLY SET OUT IN THE LEASE AGREEMENT, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF. • Minutes Regular Council Meeting December 11, 1968 Page 5 The foregoing ordinance was read for the first time and passed to its second reading by the following vote: Blackmon, Sizemore, Bradley, Jimenez, Lozano, McDaniel, and Roberts, present and voting "Aye". ORDINANCE NO. 9158 RECEIVING AND ACCEPTING CONSTRUCTION OF THE H.E. B. TENNIS CENTER COURT REPAIRS, AS PERFORMED BY THE CONTRACTOR, CASEY & GLASS, INC., UNDER THEIR CONTRACT DATED AUGUST 7, 1968, AUTHORIZED BY ORDINANCE NO. 8960, AUTHORIZING PAYMENT OF FINAL ESTIMATE NO. 3, DATED NOVEM- BER 30, 1968, IN THE AMOUNT OF $20,516.23, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, SAID PAYMENT TO BE MADE FROM FUNDS PREVIOUSLY APPROPRIATED AND CURRENTLY BUDGETED IN ACTIVITY NO. 4122, CODE 502; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Blackmon, Sizemore, Bradley, Jimenez, Lozano, McDaniel and Roberts, present and voting "Aye". ORDINANCE NO. 9159 APPROPRIATING OUT OF NO. 220 STREET BOND FUND THE SUM OF $3,100 OF WHICH AMOUNT IS FOR ACQUISITION OF PARCEL NO. 18-C, AND $100 I5 FOR INCIDENTAL EXPENSE, ALL APPLICABLE TO PROJECT NO. 220-67-97, OCEAN DRIVE - CRAIG TO ALAMEDA; AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE REAL ESTATE SALES CONTRACT FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Blackmon, Sizemore, Bradley, Jimenez, Lozano, McDaniel and Roberts, present and voting "Aye". ORDINANCE NO. 9160 AN ORDINANCE APPROVING THE AGREEMENT DATED DECEMBER 11, 1968, BETWEEN THE STATE OF TEXAS AND THE CITY OF CORPUS CHRISTI, FOR THE MAINTENANCE, CONTROL, SUPERVISION AND REGULATION OF CERTAIN STATE HIGHWAYS AND/OR PORTIONS OF STATE HIGHWAYS IN THE CITY OF CORPUS CHRISTI; AND PROVIDING FOR THE EXECUTION OF SAID AGREEMENT; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Blackmon, Sizemore, Bradley, Jimenez, Lozano, McDaniel and Roberts, present and voting "Aye". Minutes Regular Council Meeting December 11, 1968 Page 6 ORDINANCE NO, 9161 • AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AN ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO EXECUTE AN AGREEMENT BETWEEN THE CITY AND CORPUS CHRISTI STAKE BRANCH GENEALOGICAL LIBRARY OF THE CHURCH OF JESUS CHRIST OF LATTER DAY SAINTS FOR THE ESTABLISHMENT OF A LOCAL GENEA- LOGICAL LIBRARY FOR RESEARCH BY MEMBERS OF THE SAID CHURCH OF JESUS CHRIST OF LETTER DAY SAINTS AND THE GENERAL PUBLIC, A COPY OF SAID AGREEMENT BEING ATTACHED HERETO AND MADE A PART HEREOF; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Sizemore, Bradley, Jimenez, Lozano, McDaniel and Roberts, present and voting "Aye"; Blackmon passed. ORDINANCE NO. 9162 RECEIVING AND ACCEPTING CONSTRUCTION OF THE SOUTH PADRE ISLAND DRIVE, TULOSO CIRCLE AND GREENWOOD DRIVE SANITARY SEWER IMPROVEMENTS, PRO- JECT NO. 250-67-97, AS PERFORMED BY THE CONTRACTOR, MANSHEIM COMPANY,, UNDER THEIR CONTRACT DATED APRIL 17, 1968, AUTHORIZED BY ORDINANCE NO. 8840; AUTHORIZING PAYMENT OF FINAL ESTIMATE NO, 6, DATED NOVEMBER 25, 1968, IN THE AMOUNT OF $9,312.24, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, SAID PAYMENT TO BE MADE FROM NO. 250 SANITARY SEWER BOND FUNDS PREVIOUSLY APPROPRIATED; GRANTING A 13-1/2 DAY EXTENSION OF CON- TRACT TIME FOR PROJECT COMPLETION; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Blackmon, Sizemore, Bradley, Jimenez, Lozano, McDaniel and Roberts, present and voting "Aye". ORDINANCE NO, 9163 RECEIVING AND ACCEPTING CONSTRUCTION OF THE ALTERATIONS FOR THE NEW CORPUS CHRISTI CITY COUNCIL CHAMBERS AS PERFORMED BY THE CONTRACTOR, TANNER FREEMAN, UNDER THEIR CONTRACT DATED SEPTEMBER 4, 1968, AUTHORIZED BY ORDINANCE NO. 9009; AUTHORIZING PAYMENT OF FINAL ESTIMATE NO. 2 DATED DECEMBER 1, 1968, IN THE AMOUNT OF $6,357.37, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, SAID PAYMENT TO BE MADE FROM 102 GENERAL FUND PREVIOUSLY APPROPRIATED FOR ACTIVITY NO. 3591, CODE 502; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Blackmon, Sizemore, Bradley, Jimenez, Lozano, McDaniel and Roberts, present and voting "Aye". • • Minutes Regular Council Meeting December 11, 1968 Page 7 ORDINANCE NO. 9164 APPROPRIATING OUT OF NO. 220 STREET BOND FUND THE SUM OF $10,524, OF WHICH AMOUNT $10,370 IS FOR ACQUISITION OF PARCEL NO. 18-D, BEING A PORTION OF LOTS 1, 2, 3, 4, and 5, OF THE CLARK PEASE BAY FRONT LOTS, FROM R. W. DEPUY, AND THE SUM OF $154 IS FOR INCIDENTAL EXPENSES, ALL APPLICABLE TO PROJECT NO, 220-67-97, OCEAN DRIVE - CRAIG TO ALAMEDA; AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE REAL ESTATE SALES CONTRACT AND PERFORM SUCH OTHER ACTS AS ARE NECESSARY TO ACQUIRE SAID REAL ESTATE FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Blackmon, Sizemore, Bradley, Jimenez, Lozano, McDaniel and Roberts, present and voting "Aye". Mayor Blackmon announced the meeting would recess for 45 minutes before the scheduled public hearings set for 3:30 p.m. The meeting was reconvened at 3:30 p.m. and Mayor Blackmon stated the purpose of the meeting was to hold public hearings on four requests for zoning changes, and explained the procedure to be followed. Senior City Planner Larry Wenger presented Application #1168-1, Fleet Reserve Association of Corpus Christi, for change of zoning from "A-1" Apartment House District to "AB" Professional Office District, on Lots 1 through 6 and Lots 20 through 25, Block 5, Flour Bluff Heights. He pointed out the location on the zoning and land use map and described the existing zoning classifications; explained that there is an existing non -conforming use on Lots 1, 2, 3, 23, 24, and 25, that the applicant has recently acquired the adjacent lots, and that the application is for the expansion of the existing use to construct a combination meeting hall and club building. He stated that there was no opposition to the request at the Commission meeting held on November 12, 1968; ,that the Staff reported that 19 notices were mailed, two received in favor and none in opposition; that it was the recommendation of the Planning Commission that the application be approved as requested, and that the Staff recommended denial, but in lieu thereof, a Special Permit be granted tied to a site plan. • • Minutes Regular Council Meeting December 11, 1968 Page 8 Mr. James Remer, Secretary of the Fleet Reserve Association, appeared on behalf of the request and stated that the 50' x 50' building located on the property at the present time isinadequate and will be sold and removed; that they propose to erect an $80,000 building on these lots to serve as a combination meeting hall and club; explained that the Association is for active and retired Navy and Marine Corps personnel; that it is a world-wide non-profit organization and that the Corpus Christi Branch is making the application; explained that no part of the building would be used for any purpose other than the Fleet Reserve activities, and that they are prepared to start construction immediately after the first of the year. Mr. Remer stated that when they acquired the lots in question, they were not aware they were not all zoned for "AB" use. City Manager Townsend asked Mr. Remer if he were aware that there is an easement through the property which belongs to the City, and that their building is proposed to be constructed on this property. He suggested that the applicant make a request in writing that the easement be closed. Mr. Townsend further explained that there had been an error in the notice to property owners, and recommended that this be waived unless challenged by the time the building is erected. No one appeared in opposition to the foregoing application. Motion by Sizemore, seconded by Bradley and passed, that the hearing be recessed until enough time has elapsed for the matter of the technicality of the error in the notice to the property owners to be challenged. Mayor Blackmon announced the public hearing on Application 01168-2, Southwestern Oil and Refining Company, for change of zoning from "A-1" Apartment House District to "B-1" Neighborhood Business District, on Lots 4 and 16, Block 5, Sunset Place. Larry Wenger presented the request, described the zoning of the surrounding territory on the zoning and land use map; pointed out that one of the lots in question is located on Nueces Street and the other on Moore Street, but do not back up to each other; stated that Mr. Michael Kendrick, attorney representing the applicant, had appeared at the Commission hearing held November 12, 1968, and explained that the applicant was aware of the rezoning plan for the entire Hillcrest area; that they had appeared before the public hearing on the • • Minutes Regular Council Meeting December 11, 1968 Page 9 Hillcrest rezoning and had submitted a letter to the Council requesting that the zoning on their properties remain "B-1" rather than changed to "AB"; stated that in 1964 it had become necessary for his client to acquire additional parking spaces and a site for engineering offices. Mr. Wenger stated that no one had appeared at the Commission hearing in opposition; that the Staff reported that 24 notices were mailed, two received in favor and one in opposition; that it was the recommendation of the Planning Commission that the request be denied, but in lieu thereof, "AB" Professional Office District be approved, and that the Staff had recommended that both Lots 4 and 16 be denied and "AB" zoning be granted on Lot 4 only. City Manager Townsend pointed out that the one opposing property owner is immediately adjoining the subject property, and requested that the Staff study the area relative to the Code Enforcement Program for the Hillcrest Area. Mr. Hayden Head, Jr., attorney representing the applicant, presented a history leading up to the request, and stated that his clients, in considering the type of zoning requested, had met with the Commission four years ago and that it was determined that "B-1" zoning would be the only zoning that would permit them to have parking spaces on the property because of the provisions in the Zoning Ordinance at that time; stated that they had preferred "AB" zoning because of the type of building permitted under this use, but they were told that "AB" would not permit a parking lot. Mr. Head stated that if "B-1" was denied on this application, "AB" would be acceptable if it permits the two lots under consideration to be used as parking area for the industrial use across the street; stated that the present parking lot is fenced and lighted and if the zoning is granted, the fence would be extended to include Lots 4 and 16, and that after the building, is completed, the fenced area will be landscaped. No one appeared in opposition to the request. Motion by Bradley, seconded by Roberts and passed, that the hearing be closed. The motion by Bradley, seconded by Roberts to deny the request for change of zoning but to grant a special permit for "AB" use on the condition that a standard screening fence be erected across the back of the lots which face: the residential lots, was withdrawn. • • Minutes Regular Council Meeting December 11, 1968 Page 10 Motion by Roberts, seconded by Bradley and passed, that the foregoing application be tabled for further consideration at workshop, and that the applicant be requested to provide a site plan. Mayor Blackmon announced the public heating on Application #1168-4, Mr. E. C. Peterson, Trustee, for change of zoning from "B-1" Neighborhood Business District to "B-4" General Business District, on Lot A, Edwin Farm Lots. Larry Wenger located the property on the map; pointed out the zoning and land use in the surrounding area; explained that the property is presently zoned "B-1" and is in cultivation; that Mr. James Peterson had appeared on behalf of the application at the Commission hearing held November 12, 1968, and stated that the applicant proposed to build a shopping center on this location with provision for 760 parking spaces; stated that two others had appeared and spoken in favor of the request and one in opposition; that the Staff reported that 30 notices were mailed, two received in favor, one in opposition, and one received in opposition at the hearing; that it was the recommendation of the Planning Commission that the request be approved as requested, and that the Staff had concurred with this recommendation, but that no ordinance be brought forth until a Replat is recorded. Mr. Wenger stated that their recommendation for a Replat of the property was on the basis that the property is platted in 4 lots and that the applicants are of the opinion that screening fences cannot be required. He stated that the Staff is in the process of submitting an amend- ment to the platting ordinance which will require screening fences on this type of property. City Manager Townsend stated there is already a serious access problem in that area to the extend that the. City cannot provide bus service to the residential area of Westhaven; stated that the area is technically platted now, but is classified as a farm lot; explained the existing drainage problems; stated that it is the responsibility of the subdivider to provide a preliminary plat, and that the owner of "B-1" is charged with the responsibility to develop the land in such a manner so as to provide for a logical community access road. • • Minutes Regular Council Meeting December 11, 1968 Page 11 Mr, Jim Peterson spoke on behalf of the application, and presented a site plan of the proposed development, pointing out that the shopping center tract consists of approximately 14 acres; that the prospective tenants are very interested in the shopping center because of the frontage and access on Padre Island Drive, which could benefit the entire metropolitan area, and explained that in order to have flexibility, "B-4" General Business District was needed. He explained that landscaping is proposed along Padre Island Drive, and that ingress and egress will be on West Point and Cliff Maus Roads as a convenience for the residential area. He stated that a contract has been entered into with Mr. Odel Ingle, realtor and developer, to handle the leasing of the properties, and that they expect to attract major retail tenants; that the entire project will be constructed at one time, and that the site plan had been drawn by Ralph Bennett. He stated that the plan provides some type of vehicular easement from Glenfield Road and Archdale Drive to West Point Road; pointing out that it would be to their advantage to provide access from the residential areas; stated that in connection with the drainage,the plan is still in a pre -development stage; that he could guarantee that adequate drainage will be provided, and pointed out that the development would improve the present drainage. Mayor Blackmon asked that the true owners of the property be identified. Mr. Peterson stated that it is jointly owned by himself and his two sisters. E. C. Peterson is their Trustee. Mr. Peterson further explained that the access roads were referred to as vehicular access roads because they would be paved and maintained by the owners, but not necessarily built according to City Specifications; that they had concluded that it would be better to have a smooth surface without curb and gutters, but stated that they are willing to meet with the Staff and work out these details to the satisfaction of all concerned, and that they would be willing to dedicate the streets if this is the only way to solve the problem. Mr. Odell Ingle, appeared and stated that he has a contract to build the shopping center, and therefore, is in favor of the application. Mr. Melvin Douglas, 461 Eldon Drive, appeared and spoke in opposition on the basis that the drainage problem is already bad and stated that he agrees with Mr. Peterson that the improvement will improve the drainage, but that something should be done so far • Minutes Regular Council Meeting December 11, 1968 Page 12 as the City is concerned for better drainage; he further stated that the access situation is acute - that fires have been reported, and that City fire trucks travel in circles trying to find the fire. Mr. Douglas stated he had submitted a petition containing names of 79 residents in the area who are opposed, and that two names had since been added to his copy of the petition. Mr. Peterson stated he feels that the sooner the applicant is permitted to proceed with the development, the sooner some of these problems will be alleviated, and stated that he is willing to replat the property as soon as final plan as to size of the buildings is available; that they are eager to cooperate in any way possible providing the cost is not excessive, and in that case the entire plan for the development would be abandoned. Motion by Lozano, seconded by McDaniel and passed, that the hearing be closed. Motion by McDaniel, seconded by Sizemoreand passed, that the foregoing applica- tion be tabled for further consideration. *Commissioner McDaniel departed the meeting at this time. Mayor Blackmon announced the public hearing on Application #1068-9, Annalie Peaster, et al, for change of zoning from "R -1B" One -family Dwelling District to "B-4" General Business District, on the easterly portions of Lots 10, 11 and 12, Block 3, Arcadia Subdivision. Larry Wenger presented the application; located the property on the map; described the zoning uses of the surrounding areas on the zoning and land use map; stated that at the Planning Commission hearing held October 15, 1968, Mr. Faires P. Wade, attorney, had represented the applicants, and stated that they propose to operate a business which will sell fried chicken to go or to be consumed on the premises. He stated that three persons other than the applicants had appeared in favor of the request, and that Mr. Bert W. Roscoe, co-owner of Bel Aire Shopping Center had spoken in opposition; that the Staff reported 15 notices were mailed, three received in favor and none in opposition; that a motion at this meeting that the request be denied had failed and the matter was tabled for further staff study for one month; that following a meeting held November 12, 1968, and consideration of a study of the Staff report on file in the Planning Department, the Planning Commission • Minutes Regular Council Meeting December 11, 1968 Page 13 voted to forward to the City Council the recommendation that it be approved as requested. Mr. Wenger stated that the Staff's recommendation that the application be denied was on the basis that it would be an illogical extension of the existing zoning, would be detrimental to residentially used and zoned property in Arcadia Village, and that the property is too shallow for business use which would overcrowd the land and create serious traffic problems. Mr. Faires Wade, spoke on behalf of the applicant and gave a historical background of the property; presented a large scale drawing of the property; identified the owners of the property as being Mrs, Peaster, Mrs. Ernest Poenish and Mr. James Via, Jr., explained that the area in question has been fenced for many years; has the appearance of vacant pro- perty; that in 1965, the matter was presented to the Council and at that time there was considerable discussion and some opposition from residents on Florida Avenue; that a compromise proposal was presented, but that it had been dismissed. Mr. Wade stated that there has been no opposition at this time from the residential owners in the neighborhood, and stated that the objection voiced by Mr. Bert Roscoe was based on opposition to competition. Mr. Wade explained that the development would be an improvementover the present vacant appearance; would be fenced by solid fence construction; that the design of the building would be pleasing in character; and stated that the :land is suitable for only this type development. Mr, Ocker, son in law of Mrs. Peaster, spoke in favor of the request stating that he felt it would benefit the entire neighborhood, and also the City from the standpoint of taxation. Mr. Bert W. Roscoe, appeared and spoke in opposition, on the basis that there is adequate zoning in the area to provide the proposed type of service to the people in the neighborhood. He named approximately ten other restaurants presently operating in the immediate area; pointed out the traffic problem from the Bel Aire Center to the traffic lane on South Staples Street, and that the advent of other driveways would pour more traffic into the intersection and create more difficulties for access into the Bel Aire Center. He stated that he is opposed to the request for economic reasons; that he has two vacancies now and that it is necessary that rentals be kept up in order to pay taxes. He stated that this is spot • Minutes Regular Council Meeting December 11, 1968 Page 14 zoning, and that other succeeding Councils may rezone properties on down the street and create strip zoning and result in uncoordinated development. Mayor Blackmon raised the question as to the provision for left tums from the Bel Aire Center onto South Staples Street, Mr. Roscoe stated his Customers make left turns, but that they are also concerned with customers making right turns. City Manager Townsend stated left turns are illegal at this type of intersections. Mr. Wade stated the objections which have been submitted are the same as were submitted in 1965, in spite of the fact that the applicants had attempted to compromise by elimination from this application the areas which were opposed then. Motion by Jimenez, seconded by Lozano and passed, that the hearing be closed. City Manager Townsend advised Mr. Roscoe to express his opposition in writing in order for the 20 percent rule to be in effect, and Mr. Roscoe stated he would file a written objection. Motion by Jimenez, seconded by Lozano and passed that the foregoing zoning application be tabled for further consideration. There being no further business to come before the Council, the meeting was adjourned.