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HomeMy WebLinkAboutMinutes City Council - 03/21/1969 - SpecialMINUTES CITY OF CORPUS CHRISTI SPECIAL COUNCIL MEETING March 21, 1969 9:30 A.M. PRESENT: Mayor Pro Tem Ronnie Sizemore Commissioners: Dick Brad ey, Jr. Gabe Lozano, Sr. Ken McDaniel W. J. Roberts City Manager R. Marvin Townsend City Attorney 1. M. Singer City Secretary T. Ray Kring Assistant City Attorney Bob Coffin Mayor Pro Tem Ronnie Sizemore called the meeting to order. Mayor Pro Tem Sizemore announced the public hearing on Application #169-5, Baldwin Farms, Inc., for change of zoning on the following tracts: Tract "A": from "1-2" Light Industrial District to "R -1B" One -family Dwelling District, on a portion of Blocks 5, 8 & 11, and all of Blocks 7 & 10, being 567 acres out of a partition of the J. C. Russell Farm Blocks; Tract "B": from "R -1B" One -family Dwelling District to "A-1" Apartment House District, on the East one-half of Block 6, and all of Block 9, being 189 acres out of a partition of the J. C. Russell Farm Blocks; Tract "C": from "R -1B". One -family Dwelling District to "1-2" Light Industrial District, on a42 -acre strip of land fronting approximately 2500 feet on Padre Island Drive and 700 feet in depth, out of Block 4 of a partition of the J. C. Russell Farm Blocks. City Manager Townsend informed the Council that the applicant has written a letter requesting the withdrawal of certain properties from this request, but they ask to reserve the right to re -submit this land at a later date. Senior City Planner Larry Wenger located the property on the map; pointing out the property which has been withdrawn from the application, namely: The East 1/2 of Lot 1, all of Lot 2, Block 5; Lots 1 & 5, Block 7; the south 1/2 of Lot 1, the North 1750.9 feet of Lot 2, all of Lot 3, Block 8. (All falling within Tract "A".) Mr. Wenger pointed out the location on the zoning and land use map; and discussed the zoning and land use of the surrounding area. He stated that at the Commission hearing held on January 7, 1969, all owners except the owner of the portions that were withdrawn were in agreement with this request; that it was the applicants' feelings that since the new West OSO High School had been established in this area, the land could be developed into a residental subdivision rather than industry as it is now zoned. It was felt that by applying an overall zoning plan as proposed, the best use could be obtained for the area prior to partitioning certain portions of the land into smaller ownerships. One other person spoke in favor of the request. Mr. Kluge stated that he request his property remain as "1-2" Light Industrial zoning, or at least, business zoning and was against his property being included in this request. • Minutes Special Council Meeting March 21, 1969 Page 2 The Staff mailed 11 notices, received three in favor, none in opposition. The recommendation of the Planning Commission is that the remaining areas in this application be approved as requested; the Staff concurred in the Planning Commission's recommendation. Mr. L. H. Gross, the President of Baldwin Farms, Inc., appeared at the hearing, stating that he had submitted a letter signed by all of the remaining involved persons which showed that they are all in agreement with the newly proposed zoning. Mr. Gross stated that all of the owners are willing to provide a 100' right-of-way for Navagation Boulevard, so that the City can construct a street, for which the owners will then contribute their pro -rata share of the cost. He also stated that the purpose of this request is so they can develop this land earlier as a residental subdivision than they could if it were to remain zoned light industry. Mr. W. H. Stall, 4901 Kostoryz, questioned the purpose for this re -zoning and generally castigated the Council, Staff and news media. Motion by McDaniel, seconded by Bradley and passed, that the hearing be closed. Motion by McDaniel, seconded by Lozano and passed, that the recommendation of the Planning Commission be concurred in and that application #169-5, Baldwin Farms, Inc., for a change of zoning on Tract "A" from "1-2" Light Industrial District to "R -1B" One -family Dwelling District on Lots 2, 3 8 4, Block 7; a 789' x 1332' portion of Lot 2, 1750' South of Highway 44, Block 8; all of Block 10; and a portion of Lots 1 & 2, Block 11, 1300' South of Highway 44; all out of a partition of the J. C. Russell Farm Blocks; and on Tract "B" from "R -1B" One -family Dwelling District to "A-1" Apartment House District on the East 1/2 of Block 6, and all of Block 9, being 189 acres out of a partition of the J. C. Russell Farm Blocks; and on Tract "C"from "R -1B" One -family Dwelling District to "1-2" Light Industrial District on a 42 -acre strip of land fronting approximately 2500 feet on Padre Island Drive extending 700 feet in depth, out of Lot 1, Block 4, out of a partition of the J. C. Russell Farm Blocks; and that an ordinance be brought forward effectuating the change. Mayor Pro Tem Ronnie Sizemore announced the public hearing on Application #269-1, City of Corpus Christi, from "R -1B" One -family Dwelling District to "F -R" Farm -Rural District, on Lots 23 8 24, Section 39; Lots 11 through 16, Section 50; all of the property known as Waldron Field (Lots 17 through 32, Section 50;Lots 1 through 16, Lots 21, 22, 23, the North 1/2 of Lot 24, and all of Lots 27 & 28, Section 51; Lots 1 & 2, Section 52; Lots 29 & 30, f • Minutes Special Council Meeting March 21, 1969 Page 3 Section 53; Flout Bluff 8 Encina! Farm & Garden Tracts fronting Flour Bluff Drive, Yorktown Blvd., and Waldron Road. Mr. Wenger pointed out the property location on the zoning and land use Map and discussed the zoning and land use of the surrounding area. He explained that this request is a direct result of the planning study prepared by the Staff for this area and approved by City Council after a prior zoning request; by changing the zoning as requested, this area will then have a more realistic zoning pattern since there are no immediate plans in the area. He then pointed out the flight patterns of planes from Waldron Field, which contribute in making this area unsuitable for residental uses. He stated that at the Commission hearing held on February 4, 1969, Mr. Jon Held, 3040 Jamaica, spoke in opposition on the grounds that this property, in his opinion, is prime subdivision land and that re -zoning this area to "F -R" Farm Rural District would decrease the value of the property. Four other people spoke in opposition at the public hearing concurring with the Mr. Held. The Staff mailed 50 notices, received one in favor, five in opposition. The recommendation of the Planning Commission is that the application be denied; the Staff 's recommendation is that it be approved. Mr. Bill Anderson, Planning Director, spoke for the City, explaining that their study indicated no development or any proposed development and that it would be more dangerous to have a sub- division of homes in these sections, than a scattering of farms,due to the flight patterns of Waldron Field aircraft. Captain Acuff, Public Works Officer at the Naval Air Station, spoke of the Navy's interest in the safety of the occupants of the surrounding areas of Waldron Field and said that re -zoning to "F -R" Farm -Rural would lower the possibility of a tragedy due to the fact that the land would be more sparsely populated. Appearing in opposition were Mr. Jon Held; Mr. John Keltner, representative of Hawn Brothers; Mr. Frank Tompkins, realtor for Bertha T. Gonzales; and Mr. John Brook; all generally opposing on the basis that, ,irt their opinion, the requested zoning would decrease the value of their property; would be detrimental to the development of the city and to the owners; that nothing would be gained; and that the Navy should buy the land if they want to control its use. Motion by Bradley, seconded by Lozano and passed, that the hearing be closed. Motion by Roberts, seconded by McDaniel and passed, with Sizemore, Roberts and McDaniel • • Minutes Special Council Meeting March 21, 1969 Page 4 voting "Aye" and Lozano and Bradley voting "Nay", that the recommendation of the Planning Commission be concurred in and that Application #269-1, City of Corpus Christi, for a change of zoning: From "R -1B" One -family Dwelling District to "F -R" Form -Rural District, on Lots 23 & 24, Section 39; Lots 11 through 16, Section 50; all of the property known as Waldron Field (Lots 17 through 32, Section 50; Lots 1 through 16, Section 51); Lots 21, 22, 23, the North 1/2 of Lot 24, and all of Lots 27 & 28, Section 51; Lots 1 & 2, Section 52; Lots 29 & 30, Section 53; Flour Bluff & Encinal Farm 8 Garden Tracts fronting Flour Bluff Drive, Yorktown Boulevard and Waldron Road, be denied. Mayor Pro Tem Sizemore announced the public hearing on Application #269-4, City of Corpus Christi, for change of zoning on the following: Tract "A": from "R -1B" One -family Dwelling District to "B-1" Neighborhood Business Dittrict, on a portion of Lot 25, Section 49, Flour Bluff & Encinal Farm & Garden Tracts, fronting 114 feet at 2650 Waldron Road and extending back 180 feet on Glenoak Drive; Tract "B": from "R -1B" One -family Dwelling District to "A-1" Apartment House District, on a portion of Lots 25 & 26, Section 49, Flour Bluff & Encinal Farm and Garden :Tracts, which fronts the 2600 Block of Waldron Road and 702 Glenoak Drive. Mr. Wenger pointed out the property location on the zoning and land use map and discussed the zoning and land use of the surrounding area. He stated that this request is also a direct result of the planning study prepared by the Staff for this area and approved by City Council reit to after a prior zoning request. By changing the zoning as requested` the adjacent property which it is already zoned "B-1" Neighborhood Business and "A-1" Apartment House. Districts/will create a more logical zoning for this area. He stated that at the Commission hearing held on February 4, 1969, two people spoke in favor of this request and none appeared in opposition. The Staff mailed 20 notices, received one in favor, none in opposition. The recommendation of the Planning Commission is that the application be approved. The Staff's recommendation is the same. Motion by Roberts, seconded by Bradley and passed, that the hearing be closed. Motion by Lozano, seccnded by McDaniel and passed, that the recommendation of the Planning Commission be concurred in and that Application #269-4, City of Corpus Christi, for a change in zoning on Tract "A" from "R -1B" One -family Dwelling District to "B-1"Neighborhood Business District on a portion of Lot 25, Section 49, Flour Bluff & Encinal Farm & Garden Tracts, fronting 114 feet at 2650 Waldron Road and extending back 180 feet on Glenoak Drive; and Tract "B" from '.'R -1B" One -family Dwelling District to "A-1" Apartment House District on a portion of Lots 25 & 26, Section 49, Flour Bluff & Encinal Farm & Garden Tracts, which fronts the 2600 Block of Waldron Road and 702 Glenoak Drive, be approved; and that an ordinance be brought forward effect.,ntina the chance. • Minutes Special Council Meeting March 21, 1969 Page 5 Mayor Pro Tem Sizemore announced the public hearing on Application #269-7, B. J. Norrell, for change of zoning from "R -1B" One -family Dwelling District with a Special Permit for apartments to "R-2" Two-family Dwelling District, on a 1.775 acre tract of land, out of Lot 15, Section 17, Flour Bluff & Encinal Farm & Garden Tracts fronting 110' in the 6500 Block of Bernice Drive and extending back to Pharaoh Drive, across the street from Woodlawn Elementary School. Mr, Wenger pointed out the property on the zon+ng and land use map and discussed the zoning and land use of the surrounding area. He stated that this property is a portion of the land area that was granted a Special Permit for an apartment complex to Mr. Rogers and Mr. Peerman of Pharaoh Enterprises. He stated that at the Planning Commission hearing held on February 18, 1969, Mr. Norrell, the applicant, appeared before the Commission and stated that he planned to construct five duplexes and one fourplex which would not be any more units than approved according to the prior Special Permit for this area. Two other people spoke in favor and none appeared in opposition. The Staff mailed four notices, received one in favor, one in opposition. The recommendation of the Planning Commission is that the application be denied, but in lieu thereof, a Special Permit be granted for five duplexes and one fourplex according to the site plan; the Staff's recommendation is the same. After a discussion between the Staff and Council, it was decided that this request should not be an actual zoning change, but an amendment to the site plan of the prior Special Permit, by deleting this area from that Permit and granting another Special Permit for duplexes and o fourplex. Motion by Roberts, seconded by Bradley and passed, that the hearing be closed. Motion by Bradley, seconded by Lozano and passed, that Application #269-7, B. J. Norrell, for a change in zoning from "R -1B" One -family Dwelling District with a Special. Permit for apartments, on a 1 J75 acre tract of land out of Lot 15, Section 17, Flour Bluff & Encinal Farm & Garden tracts, fronting 110' in the 6500 Block of Bernice Drive, be denied, but in lieu thereof a special permit be granted, first excluding this area included in the prior Special Permit; and second, this area now to be developed according to the Site Plan indicating five duplexes and a fourplex. Mayor Pro Tem Sizemore announced the public hearing on Application #269-8, Flato Brothers, Inc., for change of zoning as follows: • • Minutes Special Council Meeting March 21, 1969 Page 6 Tract "1": from "R -1B" One -family Dwelling District to "AT" Apartment Tourist Distict, on a portion on Lot 18, Section 55, Flour Bluff S. Eneinal Farm & Garden Tracts, lying East of Laguna Shores Road in the 1600 Block West of the Laguna Madre and South of the Humble Tract, plus all accretion to the water's edge at mean tide within the city limits. Tract "II". from "R -1B" One -family Dwelling District to "A-1" Apartment House District, on a portion of Lots 6 & 7, Section 54, and Lots 19 & 20, Section 55, Flour Bluff & -.. Encina) Farm & Garden Tracts, lying East of Laguna Shores Road in the 1700 through 2000 Blocks, South of Lot 18, Section 55, and North of the Lola Johnson Belk Addition, plus all =creation to the water's edge at mean tide within the city limits. Mr. Wenger located the property on the zoning and land use map and discussed the zoning and land use of the surrounding area. He stated that at the Planning Commission hearing held on February 18, 1969, Mr. Bob Flato of Flato Brothers, Inc., indicated that the proposed use for this land is apartments, townhouses, condominiums and other uses allowed in "AT" and "A-1" Apartment Tourist Districts; and that all of the subject property is owned by Flato Brothers, Inc. One other person spoke in favor, no one appeared in opposition. The Staff mailed six notices, received two in favor, none in opposition. The recommendation of the Planning Commission is that the application be approved as requested; the Staff's recommendation is the same. Motion by Roberts, seconded by Lozano and passed, that the hearing be closed. Motion by McDaniel, seconded by Bradley and passed, that the recommendation of the Planning Commission be concurred in and that Application #269-8, Flato Brothers, Inc., for change in zoning from "R -1B" One -family Dwelling District to "AT" Apartment Tourist District, on a portion of Lot 18, Section 55, Flour Bluff & Encina) Fam, and Garden Tracts, lying East of Laguna Shores Road in the 1600 Block West of the Laguna Madre and South of the Humble Tract, plus all accretion to the water's edge ar mean tide within the city limits; and from "R -1B" One -family Dwelling District to "A-1" Apartment House District, on a portion of Lots 6 & 7, Section 54, and Lots 19 & 20, Section 55, Flour Bluff & Encinal Farm & Garden Tracts, lying East of Laguna Shores Road in the 1700 through 2000 Blocks, South of Lot 18, Section 55, and North of the Lola Johnson Belk Addition, plus all accretion to the water's edge at mean tide within the city limits be granted and that an ordinance be brought forward effectuating the change. Mayor Pro Tem Sizemore announced the public hearing on Application #269-9, C.P. Kibby, for change of zoning from "F -R" Farm -Rural District to "1-2" Light Industrial District, on a tract of land containing 50 acres, and being a portion of Lots 23, 24, 27 & 28 of the H. B. Sheppard Farm Lots Subdivision located at 8050 Sedwick Road and extending to a depth • Minutes Special Council Meeting March 21, 1969 Page 7 of approximately 4861 feet; save and except the northern portion of this tract which is presently zoned "B-4" and fronting 480.1 feet on Leopard Street. Mr. Wenger pointed out the property on the zoning and land use map and discussed the zoning and land use of the surrounding areas. He stated that at the Planning Commission hearing held on February 18, 1969, Mr. Schrub, attorney representing Mr. Kibby stated that Mr. Kibby plans to subdivide this area into several small industrial sites each having ingress and egress from dedicated roads to this tract. The Hudson Acres Civic Association's representative, Mr. Ramior Escobar; Miss Tony Herrera; Mr. Arturo Martinez and Mrs. J. T. Herrera appeared to oppose the requested zoning due to the fact that they felt that industry would bring increased traffic, thus making it dangerous for the children in the neighborhood, who have to play in the street because there are no playgrounds in the area. It was also stated that this area is quiet and peaceful and just beginning to establish itself. Mr. Wenger stated that the Staff mailed 82 notices, received two in favor, eight in opposition. The recommendation of the Planning Commission is that the application be denied. The Staff's recommendation is the same. City Manager Townsend pointed out that the land is saturated withgas and oil due to the number of old wells and transmission lines in this area; recommended that a study be mode to determine if the land is suitable for anything but industrial purposes. One of the land owners stood, saying that he would like the land to be used for a park or recreation area for the children since there are no such areas now available. Motion by Bradley, seconded by Roberts and passed, that the hearing be closed. Motion by McDaniel, seconded by Lozano and passed, that the recommendation of the Planning Commission be concurred in and that Application #269-9, Mr. C. P. Kibby, for a change of zoning from "F -R" Farm -Rural District to "I-2" Light Industrial District on a tract of land containing 50 acres out of Lots 23, 24, 27 & 28 of the H. B. Sheppard Farm Lots Subdivision, be denied. Mayor Pro Tem Sizemore announced the public hearing on Application #269-10, Mr. H. L. Edens, for change of zoning from "B -1A" Tourist Court District to "B-4" General Business District, on Lot 4, Woodlawn Annex #2, located at 6330 South Padre Island Drive. Larry Wenger pointed out the location of the property on the zoning and land use map and discussed the zoning and land use of the surrounding areas. He stated that at the Planning • • Minutes Special Council Meeting March 21, 1969 Page 8 Commission hearing held on February 18, 1969, the ap2l icant was not present but indicated he wants to use this lot for a mobile -homes sales business. No one appeared in favor nor in opposition to this request. The Staff mailed six notices, received one in favor and none in opposition. The recommendation of the Planning Commission is that the application be approved as requested; the Staff's recommendation is the same. Motion by Roberts, seconded by McDaniel and passed, that the hearing be closed. Motion by Bradley, seconded by McDaniel and passed, that the recommendation of the Planning Commission be concurred in and that Application #269-10, Mr. H. L. Edens, for a change of zoning from "B -1A" Tourist Court District to "B-4" General Business District, on Lot 4, Woodlawn Annex #2, located at 6330 South Padre Island Drive, be approved and that an ordinance be brought forward effectuating the change. Mayor Pro Tem Sizemore announced the public hearing on Application #269-12, City of Corpus Christi for change of zoning (1) from "1-2" Light Industrial District to "R -IB" One -family Dwelling District, an all of the lots in Lee Ann Estates, located in the 3900 Block of Prescott Street and extending east to Port Avenue; (2) from "1-2" Light Industrial District to "R-2" Two-family Dwelling District, on a triangular portion of Section G, Paisley Sub- division of the Hoffman Tract, located in the 3800 Block of Prescott Street. Mr. Wenger pointed out the location of the property on the zoning and land use map and discussed the zoning and land use of the surrounding areas. He stated that the land has very little use as industrial sites, due to the crosstown expressway which runs through this area. Mr. Allen Davis of American Bottling Company appeared in opposition, stating that his company purchased the property as industrially zoned and, therefore, they wish it to remain so zoned. Mr. Rodriquez, attorney representing Mr. Brulloths and other residents in the area, also appeared in opposition, indicating they wish it to remain as the area is now zoned. A petition was submitted which held the signatures of most of the residents of Lee Ann Estates who oppose the re -zoning. The petition stated that these people did not want the property rezoned due to the fact that they felt it would be unsafe for the children, reduce the value of their property and would over -crowd the area. The Staff mailed 73 notices, received two in favor, and five in opposition. The recommendation of the Planning Commission is that this application be denied. The Staff's recommendation is that this application be approved • • Minutes Special Council Meeting March 21, 1969 Page 9 as a logical change due to the existing uses in this area. City Manager Townsend pointed out that the petition asked for things that are covered under the "R -1B" zoning requirements, but are not covered under the present zoning of "1-2"; that these people have obviously misunderstood what the City is trying to accomplish; that the City is trying to protect this area from the invasion of industry and preserve it as a quiet residential district. Mr. Allen Davis, attorney representing the American Bottling Company, spoke in opposition, stating that they desired that their properly remain as is; and that in his opinion, the people who signed the petition did know what they wanted; that the present homes were built under the "1-2" zoning and that the people who bought the property knew the zoning at the time; residents may wish to retain the present zoning so that they can get better prices for their property should they decide to sell; that one resident has a small business in his home and there is a nursing home in the area. Also speaking in opposition was Mr. Celso Rodriquez, an attorney representing Mr. Fred Brulloths, stating that his client has plans for enlarging his tile business, which is presently in his home, in the distant future and that he did not want to be hindered in doing so; and that the persons signing the petition knew exactly what they were doing. Mr, Fred Brulloths spoke, concurring with Mr. Davis and Mr. Rodriquez. While presenting his opinion, Mr. Brulloths mentioned that Mr. Castaneda, a resident and property owner within the requested area had also signed the petition and was against the re -zoning. Mayor Pro Tem Sizemore requested a reading of the minutes of the Commission hearing at this time due to the fact that Mr. Castaneda was the Acting Chairman of the Planning Commission, therefore, should have abstained during the voting if he did, in fact, sign the petition. The minutes did not show that Mr. Castaneda abstained; however, Mrs. Tromm, a member of the audience, stood and explained that she was at the hearing and that Mr. Castaneda did, in fact, abstain, explaining that he was personally involved. The correction is recorded here for accuracy of the records. Mrs. Tromm also stated that at the Commission hearing the property owners were quizzed so that they understood completely the matter at hand. Motion by Roberts, seconded by Bradley and passed, that the hearing be closed. • Minutes Special Council Meeting March 21, 1969 Page 10 Motion by McDaniel, seconded by Roberts and passed, that Application #269-12, City of Corpus Christi, be tabled for workshop. Motion by Bradley, seconded by McDaniel and carried, that Commissioner Roberts be elected Temporary Mayor Pro Tem under the terms of the City Charter to preside during the absence of Mayor Pro Tem Ronnie Sizemore who will be absent for a part of the afternoon proceedings. The meeting was adjourned until after lunch. Mayor Pro Tem Sizemore reconvened the meeting at 1:30 p.m., with the following Commissioners present: Dick Bradley, Jr.; Gabe Lozano, Sr.; **Ken McDaniel, and W. J. Roberts. Also in attendance was City Manager R. Marvin Townsend; Assistant City Attorney Bob Coffin, and City Secretary T. Ray Kring. Mayor Pro Tem Sizemore announced the public hearing on Application #169-1, W. J. Kosarek, for change of zoning from "R -1B" One -family Dwelling District and "AB" Professional Office District to "B-1" Neighborhood Business District, on Lots 1 and 2, Block 3, Lexington Estates located at 5028 and 5030 Hakel Street. Senior City Planner Larry Wenger pointed out the location of the property and the zoning and land uses in the area on the zoning and land use map. He stated that Lot 1, the front lot on Padre Island Drive, is zoned "AB" Professional Office District and Lot 2, the back lot, is zoned "R -1B" One -Family Dwelling District. He stated that at the Commission hearing held on January 7, 1969, Mr. W. J. Kosarek, the applicant, appeared on his own behalf and stated that the business zoning was necessary on these lots for a proposed major service station. He did not feel the property was suited for residential purposes because it is located on Padre Island Drive. Appearing at the Commission hearing in opposition to the proposed change in zoning were seven residents in the neighborhood. Their general commets were that this would be spot zoning; increase traffic on Hakel Drive; another service station is not needed in this area; and that if the zoning is granted, it would only give leeway to all types of additional business which would not be compatible with the surrounding residential neighborhood. The Staff mailed seventeen notices, received one in favor, two in opposition, and one in opposition was received at the hearing. The recommendation of the Planning Commission is that the application be denied, but in lieu thereof a Special Permit be granted for a service station only, according to the site plan approved by the Commission on March 4, 1969. • Minutes Special Council Meeting March 21, 1969 Page 11 The Staff recommended that it be denied on the basis that scattered commercial uses along major streets interfere with the street carrying capacity, and the location was not designed for a commercial type operation. Willie Kosarek, speaking in behalf of his father who is the applicant, appeared before the Council and presented letters from five people who own property in this neighborhood who are in favor of the proposed change in zoning. He stated that the property is suitable only for some type of business zoning because of the location on Padre Island Drive. Commissioner Bradley questioned how traffic would be routed when the expressway is finished and this being a frontage road. He was advised by City Manager Townsend that this frontage road would be one-way when the expressway is finished. Mr. Kosarek stated that a lot of the property along Padre Island Drive in this area is vacant and believes that a change in zoning might create some progress in the area. He does not believe that making this street a one-way frontage road will make any difference as to changes in zoning. Mrs. 0. J. Jaloway, 4901 Hakel, speaking for the opposition, stated that not all of those who signed letters in favor of the change live in this area, even though they do own property. She presented a petition with 32 signatures of residents in the neighborhood in opposition to the proposed change in zoning. She stated that since the applicants for the change in zoning do not live in this neighborhood, they do not understand the problems the people have who do live there. The majority of the people in the neighborhood have lived there since their homes were built. The lots are large, with schools and churches nearby. There are approximately 60 children in this neighborhood and the people have learned to help each other. She also discussed the various children of this area as to the schooling and progress they have made. Father Bartosh from St. Cyril and Methodius School, 3210 South Padre Island Drive, also spoke in opposition to the change in zoning because of the additional increase in traffic that will be caused near the school. Mrs. Josephine Busker, 5027 Hakel Drive, spoke in opposition because of the increase in traffic, which would be hazardous to the school children in this neighborhood. • Minutes Special Council Meeting March 21, 1969 Page 12 Mrs. Andrew Busker, 5010 Hakel Drive, stated that the street is narrow with no sidewalks, which would also cause traffic problems. City Manager Townsend presented a letter in opposition from Mr. W. J. McDaniel, 4925 Hakel, who is in opposition because of the eyesore that he believes a service station would soon become with junk cars, batteries, tires, and trash. Mr. Al Kucera, 4936 Hakel, spoke as a resident of the neighborhood and also as a member of the St. Cyril and Methodius School Board. He stated that he is in opposition because of the traffic; that this change would be a stepping stone for others in the area to request a change in zoning; that when the frontage road becomes one-way, additional traffic will be caused on neighboring streets. Mrs. Al Kucera also spoke in opposition quoting from a Texas Supreme Court decision; and asked why should the majority suffer just for the minority. Mrs. John Sehanen, 4950 Hakel, stated that she believes if the service station proposed should have access to Hakel, many accidents will occur. Mr. Ralph Emmord stated that the Council should see the site plan before a decision is made. Motion by Lozano, seconded by Roberts and passed, that the hearing be closed. Motion by Bradley, seconded by Roberts and passed, that application #169-9, W. J. Kosarek, be tabled and referred ro workshop for further consideration. Mayor Pro Tem Sizemore announced the public hearing on Application 0269-6, Mr. Sam Main, for change of zoning from "R -1B" One -family Dwelling District to "A-1" Apartment House District, on Lots 8A and 8B, Block 4, Gardendale Addition#1, located at 5117-5121 Bonner Drive. Larry Wenger pointed out the location on the zoning and land use map and discussed the zoning and land use of the surrounding area. He stated that at the Commission hearing held on February 18, 1969, the applicant, Sam Main, could not be present, but sent a letter in his behalf with pictures of the subject property and a site plan of his proposal. The Staff presented the pictures indicating properties along Bonner Drive, along with the proposed site plan. One person spoke in opposition to the change at the Commission hearing, indicating that, in his opinion, this would overcrowd the neighborhood and further devaluate properties • Minutes Special Council Meeting March 21, 1969 Page 13 in the area. The Staff mailed 18 notices, received two in favor and none in opposition. The recommendation of the Planning Commission is that the application be denied, but in lieu thereof a Special Permit be granted for four dwelling units with a site plan to be approved by the Commission; the Staff's recommendation is that the application be denied on the basis that it would tend to create a slum area with overcrowding of the lots and would only add to the problems of ever redeveloping this area into a standard subdivision. The site plan was approved by the Commission on March 4, 1969. Mr. Sam Main, the applicant, of 922 Carmel Parkway, spoke in behalf of his application, stating that he would like to have six units on this property; that he also owns the property behind this area which has six houses on it; that the property was rundown when he bought it, but he has repaired the homes and is renting them for approximately $80 per month which shows that it is not a slum area. No one appeared in opposition at the hearing. Motion by Roberts, seconded by Bradley and passed, that the hearing be closed. Motion by Bradley, seconded by Lozano and passed, that the recommendation of the Planning Commission be concurred in and that Application 0269-6, Mr. Sam Main, for change of zoning from "R -1B" One -family Dwelling District to "A-1" Apartment House District on Lots 8 A and 8B, Block 4, Gardendale Addition #1, located at 5117- 5121 Bonner Drive, be denied, but in lieu thereof a Special Permit be granted for four dwelling units, and that an ordinance be brought forward effectuating the change. Mayor Pro Tem Sizemore announced the public hearing on Application 0369-1, Mr. Lester Weisman, for change in zoning from "B-4" General Business District to "1-2" Light Industrial District, on a portion of Lot 3, Section 28, Flour Bluff and Encina! Farm and Garden Tracts, having a frontage of 165 feet on Padre Island Drive and being 340 feet deep, located in the 7400 block of Padre Island Drive. Larry Wenger pointed out the location on the zoning and land use map, and dis- cussed the zoning and land use of the surrounding area. He stated that at the Commission hearing held on March 4, 1969, Mr. Weisman, the applicant, appeared before the Commission and stated that a pet boarding kennel is proposed for this property; that the • • Minutes Special Council Meeting March 21, 1969 Page 14 building will be beautiful, making it an asset to the community; that the kennels will be very sanitary as they will be disinfected each day; that there will be a special room for the "de-fleaing" and "de -ticking" of the animals and a room for the preparation of food; that the pets will be comfortable in the kennels. He presented a sketch of the building and stated that a 10 -foot solid masonry fence will be erected around the entire building; that the building will be entirely air-conditioned, heated, and will have wired music throughout. He also presented letters from citizens who are in favor of the request, and pointed out that the operation would be located on the East side of the tract approximately 60 feet from the adjacent mobile home park in consideration of tenants living in the park. He stated that the kennels would be constructed in a manner to control as nearly as possible the noise factor; and that pet supplies would also be sold. Also speaking in favor were Mr. John Thomason, Mr. Bert Haas, and Mr.. Charles Wyatt. Speaking in opposition were Mr. Bob Thompson, attorney representing the owners of Gulfway Trailer Park and Dorothy Mills, co-owner of the trailer park. His general comments were that the 60 -feet of vacant land could be developed according to the "1-2" zoning which would allow uses that could be incompatible to this area. He also stated that if this kennel was allowed, the mobile home park could lose present tenants as well as any future tenants. The Staff mailed six notices, received one in favor and two in opposition. The recommendation of the Planning Commission is that the application be denied, but in lieu thereof, a Special Permit be granted for a partially open dog kennel and pet shop with related merchandise, according to a plot plan to be approved by the Planning Commission; the Staff's recom- mendation is the same. The plot plan was approved by the Commission on March 18, 1969. Mr. Lester Weisman, 466 Coral, the applicant, appeared before the Council and stated that there is no building in South Texas comparable with the proposed building; that a majority of the pet owners do not have a place to board their animals when they leave town. He presented to the Council a site plan and stated that if the sign were removed, no one would ever know that it was a dog kennel. He stated that the whole foundation is solid concrete for cleanliness and sanitary purposes; the walls between the pens are 40" high; pens are 4' wide and 6' deep; the entire area will be cleaned daily with the use of 180 degree • • Minutes Special Council Meeting March 21, 1969 Page 15 hot water that will be available; a specially constructed room will be used to check animals before they ore brought into the main boarding room; another room is for feeding preparation; comfort and contentedness of the pets in clean comfortable surroundings is sought; 10' high masonry wall surrounds the entire area; and the entire building will be air-conditioned and heated, with wired music 24 hours a day. He stated that he would be most happy with a Special Council Permit for this construction. He also presented the Council with letters from citizens in favor of this request for change in zoning. Mr. John Thomasson, realtor, 2524 Leopard, stated that he helped to locate this site for the proposed dog kennel. Mr. Bert Haas and Mr. Charles Wyatt, also stated that they were in favor of this application. Mrs. Charles E. Jay, 7330 South Padre Island Drive, speaking for herself and her husband, stated that the kennels would be too noisy; that she was also speaking for Dr. Joseph Oshman and Dr. Benjamin who are also in opposition; and that the dog kennels would depreciate the property in the area. Mr. Bob Thompson, attorney representing Gulfway Trailer Park, stated that many of the people in the mobile home park are retired and are there most hours of the day; they are permanent residents; some 63 people signed a petition in opposition that is on file with the Planning Commission; that they are concerned that a number of residents will move if the zoning change is granted, but that no objection would be raised if the applicant would completely close in the kennels instead of partly open air. He stated that there is not an overriding need to put in this dog kennel as there are other facilities not too far away. His clients are not too concerned about the odor, but mainly about the noise the dogs will make. City Manager Townsend presented letters from Dorothy Baker Mills, co-owner of the Gulfway Trailer Park, and Barbara Martin of Country Club Kennels, in opposition, Mrs. E. B. Hopkins, 7342 South Padre Island Drive, stated she has been living there since 1945, and there are no sewers in this area. • Minutes Special Council Meeting March 21, 1969 Page 16 Mr. Weisman presented pictures of the Humane Society open kennels and of the Jay's property. He stated that this kennel would be a $150,000 investment and had received recommendations from several veterinarians in the City. He also stated that he will have a large septic tank for sewerage built, and that the pens would be cleaned daily inside and out. Motion by Bradley, seconded by Lozano and passed, that the hearing be closed. Motion by Roberts, seconded by Bradley and passed, that the recommendation of the Planning Commission be concurred in that Application #369-1, Mr. Lester Weisman, for change of zoning from "B-4" General Business District to "1-2" Light Industrial District, on a portion of Lot 3, Section 28, Flour Bluff and Encinal Farm and Garden Tracts, having a frontage of 165 feet on Padre Island Drive and being 340 feet deep, located in the 7400 block of Padre Island Drive, be denied, but in lieu thereof, a Special Council Permit be granted for a partially open dog kennel and pet shop with related merchandise, and that an ordinance be brought forward effectuating the change. **Commissioner McDaniel arrived at this time. City Manager Townsend announced the public hearing on Application #369-2, American Credit Corporation, Ben F. McDonald, Trustee, for change of zoning from "R -1B" One -family Dwelling District to "B-4" General Business District, on Lots 11 and 12, Block 35, Del Mar Addition, located at the northeast corner of Cole Street and Brownlee Boulevard. City Manager Townsend reviewed the history on this application. Larry Wenger pointed out the location on the zoning and land use map and dis- cussed the zoning and land use of .the surrounding area. He stated that at the Commission hearing held on March 4, 1969,Mr. Jim DeAnda, attorney representing the applicant, stated that this zoning would be best suitable for this area because of the many properties already zoned for business surrounding this property. Also, this property is located on a very busy street corner, making it unsuitable for residential purposes. Mr. Ben McDonald, Trustee for the corporation, stated that they will maintain a buffer of 60 feet between this zoning request and the residential uses since this corporation also owns the adjacent property. • • Minutes Special Council Meeting March 21, 1969 Page 17 Also speaking in favor at the Commission hearing was J. B. Trimble, an attorney who is also a stockholder in the corporation. In opposition was Mr. Jack Pedigo, attorney representing Mrs. Montgomery at 532 Cole. Also two others appeared in opposition at the hearing. Their general comments were that this zoning would create increased traffic; any type of business could be built allowed in this district which could be undesirable in this neighborhood. The Staff mailed 15 notices, received two in favor, four in opposition. The recommendation of the Planning Commission is that the application be approved as requested; the Staff recommendation is that it be denied on the basis that existing zoning is adequate for this area and since this lot is being utilized as 0 parking low now, it should be continued because parking in this area is very much needed. Commissioner Bradley disqualified himself from voting on this application as he is a stockholder in the American Credit Corporation. Jim DeAnda, attorney for the applicant, appeared before the Council and stated that the Council is familiar with this case. He stated that people do not want to walk across the street from the 1800 South Staples Building to this parking lot, and by changing the zoning, additional space can be bought next to the building with proceeds from the sale of these lots; but that the requested zoning change is needed in order to achieve this. Ben McDonald, Trustee in bankruptcy under Chapter 10, stated that the requested zoning change will help tremendously in making it possible to reorganize the American Divident Credit Corporation. Some 300 local people have invested something like $3-1/2 million dollars in this organization. He referred to the Bartholomew Report for future planning in business in thiswhole area and discussed the case history. He stated that present were Dr. Ashmore, Joe DeLeon Sr. and Mr., Mr. and Mrs. Jack Jester, Mr. Stein- metz, Mr. J. B. Trimble, and Mr. Charles Dees, who is manager of the property. Mr. Trimble spoke in favor of the application stating that he believes the case has been fully presented; that the property is wholly unsatisfactory for residential usage, and should be zoned business for its highest and best use. He urged that the recommendation of the Planning Commission be granted. • Minutes Special Council Meeting March 21, 1969 Page 18 Mr. Dees stated that he is for the zoning application change. City Manager Townsend presented a letter from the Coastal Bend Association of Retired People stating that they would like help in parking at the Social Security Building. Mr. Jack Pedigo, attorney, 1630 South Brownlee, spoke in opposition representing Mr. Nicholson, Mr. Grett, Mrs. Ray and Mrs. Manning, all residents of this neighborhood. He presented a petition signed by eleven residents in opposition to the change in zoning. The people in this area have bought their homes and lived there for a number of years; the street is narrow with off-street parking; traffic along Brownlee Boulevard is stacked up every morning with parked cars from the people to get into the buildings; that if this parking lot is taken away, where will people park on this side of South Staples. He suggested that maybe the stockholders should each donate a certain amount to get the corporation out of its financial dilemma. Motion by Roberts, seconded by Lozano and passed, that the hearing be closed. Motion by Roberts to concur with the Planning Commission did not carry for lack of a second. Motion by McDaniel, seconded by Lozano and passed, that application #369-2, American Credit Corporation, be tabled for workshop for further consideration. City Manager Townsend announced the public hearing on Application #369-3, Bobby Braselton General Contractors, Inc., for change of zoning from "B-4" General Business District to "1-2" Light Industrial District, on Lot K, Block 29, Bass Subdivision, located at 2826 Airline Road. Larry Wenger pointed out the location on the zoning and land use map; and discussed the zoning and land uses of the surrounding area. He stated that at the Com- mission hearing held on March 4, 1969, Mr. Bobby Braselton appeared and stated that a masonry office building and yard for the purpose of operating a general contracting business is proposed for this property. He stated that a 8 -foot cedar fence will surround the property since the back yard will be used for open storage. Mr. Morgan Spear, architect, presented • Minutes Special Council Meeting March 21, 1969 Page 19 and explained a site plan of the proposed development with landscaping along the portion facing Airline Road, making the operation more attractive. Three people spoke in opposition at the Commission hearing indicating that this area is prime subdivision land such as the Country Club Subdivision. Rezoning one acre industrial tracts will upset the future development of this area. The Staff mailed five notices, received none in favor or in opposition. The recommendation of the Planning Commission is that the application be denied, but in lieu thereof a Special Permit be granted for a construction yard according to a plot plan to be approved by the Planning Commission; the Staff's recom- mendation is that the application be denied on the basis that the existing zoning is adequate for this area and that "1-2" zoning would be inconsistent with the Comprehensive Land Use Plan for this area. On March 18, 1969, the site plan was approved subject to the following conditions: 1. Provide a minimum depth of 41 feet for the parking and circulation of the 6 spaces shown at the front of the building. 2. The south drive entrance to be a minimum width of 24 feet to accommodate the two-way uses. 3. The paved portion of the driveway along the south property line to be a minimum width of 18 feet. Mr. Bobby Braselton, the applicant, appeared before the Council, and stated that he is a businessman, does not build bridges, dams or roads, and does not have heavy equip- ment, but only builds buildings; that he wants to put in a building or contracting business on this property; that he has an architect who has drawn the plans and landscaping for the property; and this will fit in with the proposed shopping center across the street. He stated that he had been questioned as to why he did not buy a piece of property already zoned 1-2 and replied that he lives on this side of town and would like to have his business on this side of town; that he only wants a small piece of property and those already zoned 1-2 are much too large for his purposes. No one appeared in opposition at the hearing. Motion by Bradley, seconded by Roberts and passed, that the hearing be closed. Motion by Bradley, seconded by Lozano and passed, McDaniel voting "Nay", that the recommendation of the Planning Commission be concurred in and that Application #369-3, Bobby Braselton General Contractors, Inc., for change of zoning from "B-4" General • • Minutes Special Council Meeting March 21, 1969 Page 20 Business District to "1-2" Light Industrial District, on Lot K, Block 29, Bass Subdivision, located at 2826 Airline, be denied, but in lieu thereof a Special Permit be granted, for a construction yard according to the site plan and that an ordinance be brought forward effectuating the change. City Manager Townsend announced the public hearing on Application #369-4, Mr, James E. Roach, Trustee, for change of zoning from "R -1B" One -family Dwelling District to "B-4" General Business District on all of Lots 1, 2, 3, 4, and 5, Block 14, Gardendale Unit #3, being those properties located on the northeast corner of the intersection of Williams Drive and Everhart Road, extending 180' in a northeasterly direction along Everhart Road and 236.73' in a southeasterly direction along Williams Drive. Larry Wenger pointed out the location on the zoning and land use map and dis- cussed the zoning and land use of the surrounding area . He stated that at the Commission hearing held on March 4, 1969, Mr. J. B. Trimble, attorney for the applicant, stated that this request had been heard before the Planning Commission previously and "8-4" had been recommended on this property. The City Council approved the change to "B-4" in February of 1965. However, there was some confusion on the filing of a plat and the present City Council requested the owners to make another application For zoning at the City's expense. There are two possibilities for development: (1) to relocate a garden center on this property or (2) to establish a nationally franchised tire dealership. Mr. N. A. Compton, representing Mrs. Blanche Moore who owns 120 acresnear this property stated that his client wished to know the specific use proposed for the property. One other person spoke for and Mr. John Keltner, representing The Hawn Brothers spoke against the change in zoning stating that in 1965 the Planning Department made a study of land uses along Everhart Road and this area was not recommended for business zoning. If this zoning is granted, it will create strip zoning. The Staff mailed 13 notices, received two in favor, none in opposition, and received one in favor at the public hearing. The recommendation of the Planning Commission is that the application be denied, but in lieu thereof, a Special Permit be granted for a garden center according to a plot plan to be approved by the • Minutes Special Council Meeting March 21, 1969 Page 21 Planning Commission; the Staff recommended that the request for "B-4" zoning be denied, but in lieu thereof, "A-1" apartment zoning be approved on the basis that this would be a more logical use for this property. On March 18, 1969, the applicant's plot plan was approved subject to the following conditions: 1. City standard screening fence to be installed on the north and east property lines except in the 20 -foot setback portion from the street the fence shall be reduced to 3 feet in height; 2. Provide landscaping as shown on the plot plan along the east property line; 3. Provide a 3 foot wide planting strip or a 3-1/2 foot wall or fence in front of the parking stalls along the south and west property lines. Mr. Anderson, Director of Planning, stated that the Staff has followed the Everhart Zoning Study. Commissioner Bradley questioned Mr. Anderson if this study ever changed and was advised that it could. Mr. J. B. Trimble, attorney for the applicant, Eastern Seed Company, related the case history on this application; that the property had been rezoned in 1965, but some confusion over a site plan had caused the application to be denied; that the City had requested that the Application be resubmitted at no cost to the applicant. He stated that the Planning Commission has recommended a Special Permit and that the property will be developed for a garden center in accordance with the site plan if approved. He stated that the property will be beautifully landscaped; it will be sheltered from adjoining properties by fences and will be an asset to the neighborhood as the property will be used to its highest and best value. Mr. James Roach, the applicant, is General Manager of Eastern Seed Company and a Trustee for this property. He stated that the company has been in Corpus Christi for approximately 50 years and he has been with the company for 30 years; that the company would like a location where new homes are being built with new development in the are. His business is not the type that can be put into shopping centers because of the need of planting area. • Minutes Special Council Meeting March 21, 1969 Page 22 Mr. John Keltner, 5200 Woolridge Road, Vice President of Saratoga Land Company, spoke in opposition stating that if a zoning change is permitted, it will influence the adjacent area. In 1965 a study was asked to be made on Everhart Road in relation to the zoning; stated that his company had abided by this study; showed plans for an apartment project at Holly Road and Everhart; and stated that they were opposing on the basis that this would be spot zoning. Mr. Trimble stated that this opposition was still some distance away from the proposed zoning change location; and that he believes the area will be benefitted. Motion by Roberts, seconded by Lozano and passed, that the hearing be closed. Motion by McDaniel to deny the application failed for lack of a second. Motion by Bradley, seconded by Roberts and passed, with McDaniel voting "Nay", that the recommendation of the Planning Commission be concurred in and that Application #369-4, Mr. James E. Roach, Trustee, for change of zoning from "R -1B" One -family Dwelling District to "B-4" General Business District on all of Lots 1, 2, 3, 4, and 5, Block 14, Gardendale Unit #3, being those properties located on the northeast comer of the intersection of Williams Drive and Everhart Road, extending 180' in a northeasterly direction along Everhart Road and 236.73' in a southeasterly direction along Williams Drive, be denied, but in lieu thereof, a Special Permit be granted for a garden center, and that an ordinance be brought forward effectuating the change. • • Minutes Special Council Meeting March 21, 1969 Page 23 *Mayor Pro Tem Sizemore departed the meeting and Commissioner Roberts presided. City Manager Townsend announced the public hearing on Application 0369-5, Everhart Professional Enterprises, for change of zoning from "R -1B" One -family Dwelling District to "AB" Professional Office District, on approximately a 1.4 acre portion of Lot 1, Oso Farm Tracts, located on the northeast corner of Everhart Road and Lamont Street, 314 feet on Everhart and 198 feet on Lamont Street. Larry Wenger pointed out the location on the zoning and land use map; and dis- cussed the zoning and land uses of the surrounding area. He stated that at the Commission hearing held on March 4, 1969, Mr. Ralph Bennett, architect, spoke in favor of the application and presented photographs of the existing Everhart Professional Office Building. He stated that these proposed offices would be similar in construction and wouldpossibly be used for medical or dental offices. Mr. Bill Kusel stated he is the leasing agent for the present building and is in favor of this application. Mr. Edward Bentler, 4702 Mildred, spoke in opposition stated that if this zoning change is granted, his property would decrease in value. The Staff mailed 25 notices, received two in favor, none in opposition, and received one in opposition at the Commission hearing. The recommendation of the Planning Commission is that the application be approved as requested; the Staff's recommendation is the same. Mr. Ralph Bennett, representing the applicant, appeared before the Council with photographs of the Everhart Professional Building, stating that the proposed construction will be similar to this building and he believes this will be an asset to the area. No one appeared in opposition to the application. Motion by Bradley, seconded by McDaniel and passed, that the hearing be closed. Motion by Bradley, seconded by McDaniel and passed, that the recommendation of the Planning Commission be concurred in and that Application #369-5, Everhart Professional Enterprises, for change of zoning from "R -1B" One -family Dwelling District to "AB" Pro- fessional Office District, on approximately a 1.4 acre portion of Lot 1, Oso Farm Tracts, located on the Northeast corner of Everhart Road and Lamont Street, 314 feet on- Everhart and 198 feet on Lamont Street, be granted, and that an ordinance be brought forward effectuating the change. • • Minutes Special Council Meeting March 21, 1969 Page 24 Commissioner Roberts called for a recess before hearing the last group of zoning appl ications. Following a brief recess, Commissioner Roberts assumed the Chair in the temporary absence of Mayor Pro Tem Sizemore, called the meeting to order at 4:20 p.m., with Commissioners Roberts, Lozano, Bradley and McDaniel present, and announced the Public Hearing on Application #369-7, for change of zoning from "R -1B" One -family Dwelling District to "AB" Professional Office on a portion of Lot 2, Byron Willis Subdivision. Senior City Planner Larry Wenger located the property on the zoning and land use map and described the present zoning and land uses in the general area; stated that at the Commission hearing held on March 18, 1969, Mr. John Thomason, realtor, appeared on behalf of the applicant and stated that in his opinion professional office use would be the highest and best use of the property. Mr. Wenger stated that there was no opposition at the hearing; that the Staff mailed 12 notices, received one in favor, two in opposition; that it was the recommendation of the Planing Commission that the request be approved, and that the Staff concurred in this recommendation. Mr. John Thomason spoke on behalf of the applicant and presented photographs showing the error in the property line and the location of the ditch or Weber Road. He stated that because of the heavy traffic on Weber Road, the property would not be suitable for residential purposes; that it is his understanding the City is joining with the State Highway Department for the improvement of Weber Road from Saratoga Boulevard to Padre Island Drive because this section is also designated as a Farm -to -Market Road and is a connection to Padre Island Drive. He stated the proposed office building will be a compatible use to the neighborhood and an asset to the community. No one appeared in opposition to the foregoing request. Motion by Lozano, seconded by Bradley and passed, that the hearing be closed. Motion by Lozano, seconded by Bradley and passed, that the recommendation of the Planning Commission and the Staff be concurred in and that Application #369-7, Dr. J. H. Thomas, for change of zoning from "R -1B" One -family Dwelling District to "AB" Professional Office District, on a tract of land fronting 150 feet on Weber Road by 400 feet in depth, and • • Minutes Special Council Meeting March 21, 1969 Page 25 being a portion out of Lot 2, Byron Willis Subdivision, located in the 5200 Block of Weber Road, be approved as requested, and that an ordinance be brought forward effectuating the change. City Manager Townsend presented Application #369-8, Mr. Earl Quidort, for change of zoning from "R -1B" One -family Dwelling District to "A-1" Apartment House District, on Lot 1, Block 6, Alameda Park, located at 4201 Avalon Street, and explained that when this same application was filed in November, 1968, the 20 per -cent rule had been in effect. Mr. Wenger located the property on the zoning and land use map and described the existing zoning and land uses in the surrounding territory; stated that at the Commission hearing of March 18, 1969, the applicant had indicated by letter, that an apartment project was proposed. Mr. Wenger stated that no one had opposed the request; that the Staff mailed 17 notices, received three 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 had recommended denial on the basis that it would be the beginning of an encroachment into single family residential areas, but in lieu thereof "R-2" be granted. Mr. Wenger explained that a site plan is not required on this application since the Planning Commission had recommended strictly "A-1" zoning rather than a Special Permit. City Manager Townsend read from the zoning ordinance requirements for setback lines where this type of situation exists and stated it would be difficult to build either a duplex in "R-2" zoning or an apartment in "A-1" zoning since a 25 -foot setback would be required along both the front and side of this lot; however the lot size would allow for the construction of six units if this lot were zoned "A-1". Mr. Earl Quidort appeared in his own behalf, and stated that it was his understanding that 30 feet was required for a setback from the front of the building, and that they have allowed for 35 feet. He presented a site plan in color showing landscaping proposed to be a buffer zone from the businesses on Everhart; stated that he had discussed the zoning with some of the opposition, and they had been misinformed as to the size of the building, • • Minutes Special Council Meeting March 21, 1969 Page 26 and that they no longer opposed it. Mr. Quidort stated he felt this proposed building would be an improvement to the neighborhood. One person appeared in opposition, stating that the Planning Staff had inter- preted the side yard as being 30 feet on Everhart, and asked that the application be deferred until a verification of the front and side yards have been determined. Motion by Bradley, seconded by Lozano and passed, that the hearing be closed. Motion by McDaniel, seconded by Bradley and passed, that Application #369-8, Earl Quidort, be fabled for further consideration. Mayor Pro Tem Sizemore reported at the meeting and assumed the Chair. City Manager Townsend presented Application #369-9, Dallas F. and Pauline Reeves, for change of zoning on Lots 1 and 2, Block 6, Laguna Vista Shores, and stated that no one had appeared at the Commission hearing, held March 18, 1969, in opposition. No one was present at this time in opposition. Motion by Roberts, seconded by Bradley ard passed, that the hearing be closed. Motion by Roberts, seconded by Lozano and passed, that the recommendation of the Planning Commission and the Staff be concurred in and that Application #369-9, Dallas F. and Pauline Reeves, for change of zonirg from "B -1A" Tourist Court District to "B-1" Neighborhood Business District, on Lots 1 & 2, Block 6, Laguna Vista Shores, located at 3522 Laguna Shores Road, be approved, and that an ordinance be brought forward effectuating the change. Mr. Townsend presented Application #369-10, Ronald & Joe Feudo, for change of zoning on Lot 5, Block 8, Koolside Addition. Larry Wenger located the property on the zoning and land use map and described existing zoning and land uses in the area; stated that at the Commission hearing held March 18, 1969, the applicant did not appear, but that his letter of request was read requesting "B-1" zoning for expansion of the parking -area needed for his grocery store operation. Mr. Wenger stated that Mr. William S. Minor, owner of Lot 7, Block 21, Cullen Place, presented a letter in opposition which listed three reasons for opposition: • • Minutes Special Council Meeting March 21, 1969 Page 27 (1) would be an extension of strip zoning: (2) other applications will be received requesting a similar change; and (3) will place business property closer to the residential property with all of its undesirable features which will decrease property values. Mr. Wenger stated the Staff mailed 25 notices, received two in favor and none in opposition; that it was the recommendation of the Planning Commission, that the request be denied, but in lieu thereof, a Special Permi+ be granted for a parking lot only to be used by the adjacent grocery store, and that the Staff concurred. Mr. Feudo appeared and stated that he was confused as to the date of the Commission hearing which accounted for his absence. Mr. Feudo stated that it was his understanding that the City planned to take some of the property on the other side along Gollihar for street right of way. He stated this taking of property for the Gollihar Project would result in their losing one row of parking, and further stated that he felt the City had not offered enough for this valuable land. He explained that all they are asking for at this time is approval for a parking lot and that they would go along with anything the Staff requires just so long as they have the parking. Mr. Wm. S. Minor III, spoke in opposition and re -stated the three points on which the opposition was based; stated that "for sale" signs had appeared on Lots 6 & 7 next to this lot over the past weekend; stated that he was not opposed to a Special Council Permit for a parking lot only, but was definitely opposed to a change of zoning to "B-1". 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 Planning Commission be concurred in and that Application 0369-10, Ronald & Joe Feudo, for change of zoning from "R -1B" One -family Dwelling District to "B-1" Neigh- borhood Business District, on Lot 5, Block 8, Koolside Addition, located at 825 Airline Road, be denied, but in lieu thereof, a Special Permit be granted for a parking lot only to be used by the adjacent grocery store, and that an ordinance be brought forward effectuating the Special Permit. • Minutes Special Council Meeting March 21, 1969 Page 28 Mr. Townsend presented Application #369-11, Margarito Garcia Perez, for change of zoning on Lot 6, Block 31, Bluff Addition. Larry Wenger located the property on the zoning and land use map; described the zoning and land uses of the surrounding territory; stated that at the Commission hearing held March 18, 1969, Mr. Abdon G. Perez spoke on behalf of his father, Margarito Garcia Perez, and explained the proposed use of the property would be for a grocery store that is now located across the street. Mr. Wenger stated the Staff mailed 21 notices, received one in favor and one in opposition; that a petition had been filed containing signatures of area residents in favor, and also a letter from the Parent Teacher's Association of Heath Elementary School indicating approval; that no one had appeared in opposition; that it was the recommendation of the Planning Commission that this application be approved as requested, and that 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. Mr. William Anderson, Director of Planning, stated that this property had been a non -conforming use ever since the area was zoned in 1937. Mr. Abdon Perez stated that a new grocery store building is proposed to replace the existing grocery store located across the street which is not large enough to accommodate their business; stated that they have a lease on the corner lot across the street which they plan to use as a warehouse if that use is allowed. He explained that the building was vacant for over a year; that they do not plan to move the old building but will build a new one; that he feels a grocery store is needed in this neighborhood. City Manager Townsend reported that two additional letters had been received since the hearing from Mr. G. F. McDonough, 414 Waco Street, and Delco S. Zepeda, 420 Artesian Street, in favor of the request. Mr. Edwin Shamburger appeared and stated he was representing his mother, owner of property in the area, and that she feels if the property is zoned for business it would devaluate her property; that it would increase traffic on Lipan, and encourage parking on Artesian which she feels would be detrimental. • • Minutes Special Council Meeting March 21, 1969 Page 29 A discussion followed as to the plan of the City for a Neighborhood Improvement Program in this area. City Manager Townsend stated there has been concern as to the future development of the area, and that the Staff is leaning less and less toward the "A-2" Blanket type zoning. Motion by Lozano, seconded by Roberts and passed that the hearing be closed. Motion by Lozano, seconded by Bradley and passed, that the recommendation of the Planning Commission be concurred in and that Application 0.369-11, Margarito Garcia Perez, for change of zoning from "A-2" to "B-1" Neighborhood Business District, on Lot 6, Block 31, Bluff Addition, located at 423 Artesian Street, be approved as requested and that an ordinance be brought forward effectuating the change. Mr. Townsend presented Application #369-12„ Mr. A. L. Robinson, for a change in zoning on Lots 18 through 21 and all of Lots 32 through 35,. Block A, Don. Patricio Sub- division, and explained that the Council had previously approved the vacation of an easement in this block; that approval of this request had been recommended by both the Planning Commission and the Staff; that no one had appeared at the Commission hearing which was held March 18, 1969, in opposition; that the Staff mailed 16 notices, received three in favor and none in opposition; and since there is no one present in opposition, he would suggest that the hearing be closed. Motion by Roberts, seconded by Bradley and passed, that the hearing be closed. Motion by Bradley, seconded by Lozano and passed, that the recommendation of the Planning Commission and the Staff be concurred in and that Application 0369-12, Mr, A. L. Robinson, for change of zoning from "R -1B" One -family Dwelling District to "A-1" Apartment House District, on Lots 18 through 21, and all of Lots 32 through 35, Block A, Don Patricio Subdivision, located in the 2000 Block of Waldron Road, be approved as requested, and that an ordinance be brought forward effectuating the change. City Manager Townsend announced the public hearing on Application #369-13, Mr. Robert Callaway, for a change of zoning, TRACT "A": from "R -1B" One -family Dwelling District, and "B-1" Neighborhood Business District to "13-4" General Business District, being a portion of Lots 3 & 4, Section 18, Flour Bluff and Encina) Farm and • • Minutes Special Council Meeting March 21, 1969 Page 30 Garden Tracts, fronting on Padre Island Drive to a depth of 304 feet, located in the 6600 Block of Padre Island Drive; TRACT "B": from "R -1B" One -family Dwelling District to "A-2" Apartment House District, being a portion of Lots 3 & 4, Section 18, Flour Bluff and Encinal Farm and Garden Tracts, fronting on McArdle Road having a depth of 940 feet, located across from Haas Junior High School in the 6600 Block of McArdle Road. Larry Wenger located the property on the zoning and land use map and described the zoning and land uses in the surrounding area; stated that the subject property is now under cultivation, surrounded by Pharaoh Valley, Haas Junior High School, residential subdivisions on two sides, and vacant lots across Padre Island Drive. He explained that at the Commission hearing held March 18, 1969, Mr. Gene Urban, Consulting Engineer for Mr. Callaway, had appeared and stated that his client is the Gulf -Southwest repre- sentative for Lincoln Properties, which specializes in apartment development throughout the United States; and that an investigation had determined that the public utilities are adequate to serve any added density in the area. Mr. Wenger stated that Mr. Callaway also spoke in support of the application stating that any proposed site for their apartment projects are hand picked and analyzed so that oiy problems con be resolved before any plans are prepared, and presented a site plan of the proposed development which indicated the complex divided into two sections -- one for adults only, the other for families with small children; that Attorney Pat Morris and seven other persons had appeared in opposition generally on the basis that the increased density in population would congest the area's school and traffic facilities. Mr. Wenger stated that the Staff mailed 30 notices, received none in favor and nine in opposition, and that one letter had been received in favor and one in opposition at the Commission hearing; that a petition had been filed with the Staff containing 305 signatures of residents in opposition, and also a letter of opposition received from the Parent Teacher's Association of Haas Junior High School; that it was the recommen- dation of the Planning Commission that Tract "A" be approved as requested, and that Tract "B" be denied, but in lieu thereof "A-1" Apartment House District be approved, and the Staff recommended denial on the basis that the existing zoning is adequate for the area. • • Minutes Special Council Meeting March 21, 1969 Page 31 City Manager Townsend pointed out that it should be noted that the letter in opposition received from the Haas P.T.A. does not constitute notification in terms of the 20 percent rule, since it is signed by the President of the Executive Board of the P.T.A. and not actually owners of the School Property. Mr, Jack Ryan, builder, appeared on behalf of the applicant, presented a site plan, and described the proposed development, He stated there is proposed a total of 400 apartment units for Tract "B" fronting on McArdle Road; that the apartment complex will be divided into two sections - one for adults only, and the other for families with children; stated that they have checked with the schools and have been advised that the increase in students will present no problem. He stated that the general opposition has been on the basis of crowding of schools, depreciation of property values, traffic congestion, and that apartment dwellers are "second class citizens." He stated that there were many factors which contributed to the selection of this site for the proposed development, such as good ingress and egress, good neighborhood near the Country Club, Padre Island frontage, and the elimination of traffic congestion because of the expressway which is under construction. He explained that the applicants expect to invest ten million dollars, and that this type development cannot hope to succeed unless it is located in a good neighborhood. He stated it had been pointed out that apartment dwellers do not pay taxes, but stated that the developer pays the taxes, and that school taxes are paid whether or not the buildings house school children. He further stated the project is a five-year program, and would not have been attempted if the facilities were not adequate. Mr. Robert Callaway, architect and developer from San Antonio, spoke in favor of the request and cited apartment complexes and developments in Corpus Christi since 1963, such as the Normandy Village Complex, Bordeaux, and the one now under construction in Carroll High School area on Weber Road. He pointed out that this type development is their business, the sites are carefully "handpicked" and that they are proud of them. Attorney Pat Morris, representing residents in the area, spoke in opposition, and asked the Council to note that the Zoning Ordinance is primarily designed to lessen danger in the streets, prevent overcrowding of land, protect property values, and to guard against • • Minutes Special Council Meeting March 21, 1969 Page 32 "spot zoning." Mr. Morris stated the residents in the area are opposed to the subject request on the basis that high density apartment use is detrimental to the neighborhood and will depreciate property values; that McArdle Road is too narrow to accommodate more traffic; that Haas Junior High and Woodlawn Elementary Schools are not designed to accommodate increased enrollment; and that there is enough apartment and business zoning in the area. He pointed out on a map other apartment developments in the. City which had been granted by Council actions, and described the deteriorating changes in character of the areas surrounding these complexes. He stated that the schools are already overcrowded, and that Nile Drive is the only through street to Alameda Street from Padre Island Drive, causing traffic congestion during school hours. He stated that if the request is granted, there will be no way to restrict the number of units which can be constructed under this zoning. Mr. Robert Wells, President of Woodlawn-Haas. Civic Association, spoke in opposition stating that the firm might build as many as 600 to 800 units, on the tract if the zoning is changed and would not be restricted to the 400 units, and that based on what is being paid for the land, and the assumption that the firm would expect to recover its cost, it would appear that the units would be an average cost of $15,000 per unit. He further stated he did not feel the proposed development an appropriate nor an economic use of the property. Others speaking in opposition to the request were Mr. and Mrs.- C. M. Thompson, 1306 Aswan; Mr. Gordon Yarbrough, 6814 Asway; Mr. Roger Bateman; Mr. John Hopkins, 1301 Aswan; Mr. T. R. Robinson, 1309 Aswan; and Mrs. Wallace T. Peterson, 1305 Asway. Mr. Larry Urban, of Urban Engineers, spoke in favor of the request and stated that statistics show that the ratio of students attending schools from high density apart- ment districts are actually less that from single family dwelling areas, based on the adult residents; that taxes are equal; that there is less maintenance, and utility facilities less costly. Minutes Special Council Meeting March 21, 1969 Page 33 Mr. Morris was asked the question if he was opposed to a Special Council Permit, and he stated he did not feel the special permit was the answer, that it was a matter of principle, and is contrary to the intent of the Zoning Ordinance. Planning Director Wm, Anderson was asked to give his opinion as to the general trend toward more and more apartments and townhouses throughout the country, and he stated the trend is for more apartments than single family dwellings; stated that the reason for this trend is the reduction in cost and availability of land, and reduction by two-thirds in street construction. He predicted that these trends will continue to increase, and pointed out that many large cities have adopted a plan for what is known as "density zoning." He further stated that the trend for multi -family dwellings is definitely evident in Pharaoh Valley. No one else appeared to speak in favor or in opposition to the foregoing request. Motion by Bradley, seconded by Lozano and passed, that the hearing be closed. Motion by Roberts, seconded by Lozano and passed, that Application #369-13, Robert Callaway, be tabled for further consideration. There being no further business to come before the Council, the meeting was adjourned.