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HomeMy WebLinkAboutMinutes City Council - 05/19/1969 - SpecialMINUTES CITY OF CORPUS CHRISTI, TEXAS SPECIAL COUNCIL MEETING May 19, 1969 2:00 P.M. PRESENT: Mayor Jack R. Blackmon Mayor Pro Tem Gabe Lozano, Sr. Commissioners: Dick Bradley, Jr. Eduardo E. de Ases Ken McDaniel W. J. Roberts Ronnie Sizemore City Manager R. Marvin Townsend City Attorney I. M. Singer City Secretary T. Ray Kring • Mayor Jack R. Blackmon called the meeting to order, asked that it be noted that all members of the Council and the required Charter officers were present, and announced the purpose of the special meeting was to hold public hearings on seven zoning cases, and explained the procedure to be followed. Mayor Blackmon announced the public hearing on Application #469-1, Mr. B. D. Horton, for change of zoning from "R -1B" One -family Dwelling District to "B-1" Neighbor- hood Business District, on Lot 8, Block 2, Osage Addition, located in the 4600 Bloc of Everhart Road. Senior City Planner Larry Wenger located the property on the zoning and Ian • use map and described the existing zoning and land usesn'the general area; stated that .t the Commission hearing held on April 1, 1969, Mr. Ralph Bennett, architect, spoke on b -half of the applicant and stated that a first-class steak house restaurant is proposed for the Office property; that every tenant in the Everhart Professional/Building located adjacent to he subject property had signed a letter of endorsement, and that a Special Permit had b_en granted for a used -car lot operation adjacent to the property because "B-1" was not dequate for that type of use. Mr. Wenger stated that there was no opposition; that the Staff ailed 20 notices prior to the hearing four received in favor and none in opposition; that it as the recommendation of the Planning Commission that the application be approved as req ested because of previous extensions of business zoning in the immediate area, and that the Staff concurred in this recommendation. Minutes Special Council Meeting May 19, 1969 Page 2 Mr. Ralph Bennett, spoke on behalf of the applicant, and stated he had nothing to add to Mr. Wenger's presentation except that the letter of endorsement referred to by Mr. Wenger also included signatures of tenants of Autotown and of the used car lots across the street, and stated that they are requesting "B-1" zoning because it would be a continuation of the "B-1" zoning along Everhart Road. Noone appeared in opposition to the foregoing request. Motion by Bradley, seconded by McDaniel and passed, that the recommendation of the Planning Commission and Planning Staff be concurred in and that Application 0469-1, Mr. B. D. Horton, for change of zoning from "R -1B" One -family Dwelling District to "B-1" Neighborhood Business District, on Lot 8, Block 2, Osage Addition, located in the 4600 Block of Everhart Road, be approved as requested because of previous extensions of business zoning in the immediate area, and that an ordinance be brought forward effectuating the change. Mayor Blackmon announced the public hearing on Application 0469-2, Mr. Ralph Zamudio,Jr., on property located at 3925 Chestnut Street. Mr. Zamudio appeared and requested that the Council defer temporarily the hearing on his application until his attorney could be present. The request was granted, and Mayor Blackmon stated the hearing on this request would be placed last on the agenda. Mayor Blackmon announced the public hearing on Application 0469-6, Messrs. Frank and Morris Braslau and Graford Rogers, for change of zoning from "B-1" Neighborhood Business District to "B-4" General Business District, on Lots 1 thru 7, Braslau Addition, located at 4140 and 4148 South Staples Street. 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 held April 1, 1969, the applicants had been represented by Mr. Detrich H. Braun, Associate with the firm of Joseph Hans, stating that the application was being made because they had been notified that their signs were in violation of, therequirements of "B-1" District. Mr. Wenger stated there was no opposition; that the Staff mailed eight notices, one received in favor and none in opposition; that it was the recommendation of the Planning • • Minutes Special Council Meeting May 19, 1969 Page 3 Commission that this application be approved as a logical extension of the existing zoning, and that the Staff concurred in this recommendation. City Manager Townsend stated that it should be noted that part of the application was initiated because the City hod filed charges because of the sign violation, which is a portable billboard located on the Rogers parking lot, and pointed out that the requested zoning change will not correct this violation. Mr. Joseph Hans, architect, appeared on behalf of the applicant, and stated that his clients are aware that the change of zoning as requested will not resolve the problem created by the action filed against Mr. Rogers. He stated it had been pointed out to him that a roof sign could be constructed under the requested change of zoning, and that Mr. Rogers was prepared to remove the portable sign as soon as he is in a position to build the roof sign. No one appeared in opposition to the foregoing request. Motion by Bradley, seconded by Roberts and passed, that the hearing be closed. Motion by Sizemore, seconded by. McDaniel and passed, that the recommendation of the Planning Commission and the Staff, be concurred in and that Application #469-6, Messrs. Frank and Morris Braslau and Graford Rogers, for change of zoning from "B-1" Neighborhood Business District to "13-4" General Business District, on Lots 1 thru 7, Braslau Addition, located at 4140 and 4148 South Staples Street, be approved as a logical extension of the existing zoning, and that an ordinance be brought forward effectuating the change. Mayor Blackmon announced the public hearing on Application #469-7, Mr. Aaron E. Elliott, for change of zoning from "R -1B" One -family Dwelling District to "B-4" General Business District, on the easterly portion of Lot 3, Rolling Acres Subdivision #1, fronting 214 feet on Princess Drive and 232 feet on Leopard Street, located in the 9700 Block of Leopard Street. Mr. 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 April 1, 1969, Mr. Ken Yarbrough, attorney representing the applicant, stated that no specific uses had been planned for the property because of deed restrictions, but that the 1 w , • Mi nutes Special Council Meeting May 19, 1969 Page 4 applicants felt a commercial use would be suitable because of the frontage on Highway #9, and that the applicant plans to construct his home on the southwest portion of the lot which would serve as a buffer between the single-family dwellings and the subject property. Mr. Wenger stated that no one had appeared in opposition; that the Staff mailed seven notices, none received in favor and one in opposition; that it was the recommendation of the Planning Commission that the application be approved as requested, and that the Staff's recommendation was denial on the basis that there is already sufficient business zoning in this area, it would break clown the residential character in the neighborhood and increase traffic. In answer to questions from Commissioners de Ases and Sizemore, Mr. Wenger stated that the Staff felt the property to be more suitable for residential or apartments uses. Mr. Ken Yarbrough appeared on behalf of the applicant, and stated that land use planning by an architect would incur a great deal of expense, and that his clients need some assurance that the "B-4" zoning will be granted before they incur this expense. He stated they do not feel that "B-4" uses of the land would create any traffic problems on Princess Drive because the driveways would be located on the Leopard Street portion of the tract, and that an attempt would be made to prevent the spilling over of traffic onto Princess Drive. He stated that approximately 90% of the property on Highway 09 is zoned "B-4" and has always carried considerable traffic; that there are businesses of all descriptions in the area now; that they feel it is not feasible to construct residences, and that the property could not be sold for this purpose. No one appeared in opposition to the foregoing application. Motion by Roberts, seconded by Lozano and passed, that the hearing be closed. Motion by Roberts, seconded by Bradley, that the recommendation of the Planning Commission be concurred in and that the foregoing application be approved as requested. Commissioner McDaniel pointed out that this is not a hardship case, and that he felt this application should be granted with the provision that there will be no access onto Princess Drive. • • Minutes Special Council Meeting May 19, 1969 Page 5 City Manager Townsend stated that the subject property extends all the way to the L. W. Young property on which there is a pending request for zoning change; that the Staff's recommendation for denial was based on the fact that this is a part of the Rolling Acres Subdivision which is residential; that the deed restrictions would expire in September of 1970 or 1971; that this property was omitted from the deed restrictions, and there would be no way to restrict the uses except as restricted by ordinance; and that there is a pending lawsuit in District Court for violation of deed restrictions in the area. He further stated that "B-1" zoning would cover everything the applicant wants except signs. Commissioner Roberts stated that he would amend his motion, concurred in by the seconder„ Commissioner Bradley, and passed, that Application #469-7, Mr. Aaron E. Elliott, for change of zoning from "R -1B" One -family Dwelling District to "B-4" General Business District, on the easterly portion of Lot 3, Rolling Acres Subdivision 11, fronting 214 feet on Princess Drive and 232 feet on Leopard Street, at 9700 Block of Leopard Street, be denied, but in lieu thereof, "B-1" zoning be granted, and that an ordinance be brought forward effectuating the change. Mayor Blackmon announced the public hearing on Application 11469-8, Humble Oil and Refining Company, for change of zoning from "R-16" One -family Dwelling District to "1-3" Heavy Industrial District, on a 10.49 -acre tract of land out of Lot 14, Section 55, Flour Bluff and Encina) Farm and Garden Tracts, located in the 400 Block of Graham Road. Larry Wenger located the property on the zoning and land use map and described the present zoning and land uses in the surrounding area; stated that at the Commission hearing held on the 15th day of April, 1969, Mr. R. C. McCarty appeared representing the applicant and explained that the proposed use of the property was to be in conjunction with the present Humble Flour Bluff Gas Plant, and stated that the proposed use will meet the 20 -acre requirement to qualify the plant site under the provisions of City Ordinance #6614. Mr. Wenger stated that one person appeared at the hearing in opposition on the basis that an industrial site in the South part of Corpus Christi would not be suitable for the proposed use; that the Staff mailed six notices, two received in favor and none in opposition; • Minutes Special Council Meeting May 19, 1969 Page 6 that it was the recommendation of the Planning Commission that the application be approved as requested, and that the Staff concurred in this request. Mr. Wenger stated that the Staff had pointed out at the hearing that a previous application had been made by the applicant for "1-3" zoning of the Rudolph Jeletich property located immediately adjacent to the East of the subject property which has since been denied. Mr. McCarty spoke in support of the application, and explained that Humble Oil and Refining Company had been in operation since 1938, and at that time was surrounded by farm land; that the site was selected because it was an isolated area and for the purpose of avoiding any inconvenience to residents, and explained that since that time it has become necessary to expand the facilities to accommodate gas compressors on the northwest part of the tract. He stated that the application is being made for the future expansion of the plant, which provides a 340' x 60' strip of land to be used as an access to Graham Road, but stated that there were no immediate plans for this expansion but do need the area for storage purposes. Mr. McCarty further stated that they propose to concentrate the facilities but for safety reasons certain areas should not be crowded; that they have an access road to Graham Road but at the present time do not plan to build a new road to Graham. Mrs. H. G. Tromm, 5402 Ocean Drive, spoke in opposition stating that she was opposed to any industrial development in the South part of the City, because of the noise factor and possible air pollution, and stated that it was her understanding that there was an ordinance controlling an industrial site of 20 acres or more within the City Limits. She stated she is not suggesting that Humble be required to move any of their present facilities, but is opposed to rezoning other property to "1-3" for further expansion, and the granting of this request would be giving the applicant "carte blanche" to enlarge. Motion by Bradley, seconded by Sizemore and passed, that the hearing be closed. Motion by McDaniel, seconded by Bradley and passed with de Ases voting "Nay", that the recommendation of the Planning Commission and the Staff be concurred in, and that Application #469-8, Humble Oil and Refining Company, for change of zoning from "R -1B" One -family Dwelling District to "1-3" Heavy Industrial District, on a 10.49 -acre • • Minutes Special Council Meeting May 19, 1969 Page 7 tract of land out of Lot 14, Section 55, Flour Bluff and Encino' Farm and Garden Tracts, located in the 400 Block of Graham Road, be approved as requested, and that an ordinance be brought forward effectuating the change. Mayor Blackmon announced the public hearing on Application #469-11, Cage -Mills Funeral Directors, Inc., for change of zoning from "A-1" Apartment House District to "B-4" General Business District, on all of Lots 1 thru 11, Block 2, Terrace Addition, located at 1001 Second Street. Larry Wenger located the property on the zoning and land use map and described the present zoning and land uses in the surrounding territory; stated that the present operation of the Funeral Home has been a nonconforming use on Lots 5 through 11 for approximately 20 years, and that the applicants are now under contract to purchase Lots 1 through 4, and 17 and 18, which will be used to enlarge chapel facilities and to provide additional offstreet parking with access to Third and Buford Streets, and that the existing duplex on the area proposed for parking will be demolished and removed. Mr. Wenger stated that at the Commission hearing held April 15, 1969, Mr. John Mobley, attorney, had represented the applicants and described the proposed use; stated that no one had appeared at the hearing in opposition; that the Staff mailed 17 notices, three received in favor, none in opposition, and two received at the hearing in favor; that it was the recommendation of the Planning Commission that the application be approved as requested, and that the Staff concurred in this recommendation on the basis that it would be an expansion of business zoning which already exists on the other half of this block. Mr. Harvey Weil, attorney, appeared in support of the application; presented photographs of the existing buildings and a sketch of the site plan of the proposed expansion, explained that a new chapel will be constructed adjacent to the present building and pointed out that since funerals are no longer held on Sunday, the three churches in the immediate area will be benefited by use of the parking areas; that the proposed development will be an improve- ment to the general area; and that it appears logical to have all of the property under the same zoning. Minutes Special Council Meeting May 19, 1969 Page 8 Mrs. N. D. Huie, 1105 Second Street, stated that she was not opposed to the Funeral Home operation or its proposed expansion, but that she was concerned as to the uses permitted under the requested "B-4" zoning, and inquired as to the necessity of granting "B-4" zoning, She stated that the property in the 1100 Block of Second Street is almost entirely apartments which are maintained properly and are an asset to the area as well as the sole income of some owners, and stated it would seem that a Special Permit would be proper protection to these property owners, Mr. Weil stated that it would be preferable for all the property to be uniform as to zoning, and that other than that, if the funeral home could be operated under the "B-1" classification, then this would be acceptable. He stated that one of the proposed buildings would be under two different zoning classifications. City Manager Townsend stated that the "B-1" classification would allow everything shown on the site plan, and stated that it would appear that the "B-1" would be more appropriate in this case. Motion by de Ases, seconded by Bradley and passed, that the hearing be closed. Motion by McDaniel, seconded by de Ases and passed, unanimously, that Application 0469-11, Cage -Mills Funeral Directors, Inc., for change of zoning from "A-1" Apartment House District, to "B-4" General Business District, on all of Lots 1 thru 11, Block 2, Bay Terrace Addition, located at 1001 Second Street, be denied, but in lieu thereof, "B-1" Neighborhood Business District be granted, and that an ordinance be brought forward effectuating the change. Mayor Blackmon announced the public hearing on Application 0469-12, Mr. Leo Rivera, for change of zoning from "A-1"Apartment House District to "B-4" General Business District, on the North 165 feet of Lot 2 and the North 165 feet of the West 10 feet of Lot 3, Alfred Barthlome's Acre Tracts, located in the 3400 Block of Barthlome. Larry Wenger located the property on the zoning and land use map and described the present zoning and land uses in the area; stated that the subject property was at one time zoned "B-4", was changed to "A-1" and that the owners now wish to have it rezoned back to "B-4". He stated that at the Commission hearing held April 15, 1969, Mr. Bill • Minutes Special Council Meeting May 19, 1969 Page 9 Dupont, surveyor representing the applicant,appeared and stated that Mr. Rivera proposed to construct and maintain a wholesale sporting goods store at this location. Mr. Wenger stated that no one appeared at the hearing in favor nor in opposition; that the Staff mailed out 12 notices, none 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 concurred in this recommendation on the basis that business zoning already exists in the immediate area. No one appeared in favor or in opposition to the foregoing application. Motion by Bradley, seconded by Roberts and passed, that the hearing be closed. Motion by Bradley, seconded by Lozano and passed, that the recommendation of the Planning Commission and Staff be concurred in and that Application 0469-12, Mr. Leo Rivera, for change of zoning from "A-1" Apartment House District to "B-4" General Business District, on the North 165 feet of Lot 2 and the North 165 feet of the West 10 feet of Lot 3, Alfred Barthlome's Acre Tracts, located in the 3400 Block of Barthlome, be approved as requested, and that an ordinance be brought forward effectuating the change. Mayor Blackmon announced the public hearing on Application #469-2, Mr. Ralph Zamudio, Jr., for change of zoning from "R -1B" One -family Dwelling District to "AB" Professional Office District, on Lot 11, Block 6, Parkside Addition Located at 3925 Chestnut Street. Larry Wenger located the property on the zoning and land use map; described the present zoning classifications and land uses in the surrounding area, and pointed out that the property is located in a predominately residential area; stated that at the Commission hearing held April 1, 1969, the applicant appeared on behalf of his application, explained that a beauty parlor and barbershop are proposed for the property, and stated he did not feel these operations would depreciate property values in the neighborhood. Mr. Wenger stated that three persons spoke in opposition at the hearing, generally on the basis that it would not enhance the neighborhood and would increase traffic within the area. Mr. Wenger stated that the Staff mailed 18 notices, one received in favor, and five in opposition, and two in favor from people living beyond the 200' notification zone; , that it was the recommendation • • Minutes Special Council Meeting May 19, 1969 Page 10 of the Planning Commission that the application be denied on the basis that it would not be in keeping with the character of the neighborhood and would be an encroachment into an established residential neighborhood; would be a violation of the 5' planting strip on the recorded plat which would also violate the Platting Ordinance, and that the Staff concurred in this recommendation. Mr. Tony Bonilla, attorney, spoke on behalf of the applicant, and stated that his client proposes to construct a new building at the rear of the existing residence for the purpose of operating an 8 -chair beauty parlor and a 4 -chair barbershop; that he will continue to live in the residence presently located on the property. He presented photographs of the general area, and pointed out that the alley ajoining the property on the northeast boundary leading off Gollihar Road is used by the public to get to Nolan's Steak House. He also presented a site plan of the proposed development and stated that the buildings would be first class structures and not in any way substandard. He explained that the applicant is presently occupying a location on Ayers Street, but that the rent is considerably higher, and asked the Council to consider this request from the standpoint of hardship. He stated that the two property owners immediately adjoining the subject property had signed a petition favoring the request; that one of these property owners is engaged in a small nursery operation; that the Aldersgate Methodist Church across Gollihar has endorsed the request for change of zoning, and that signatures have been secured from several businessmen in the area indicating their approval. Mr. Bonilla presented a petition bearing signatures of 13 residents in the 3900 Block of Chestnut Street in Parkside Addition, in support of the application. He urged the Council to override the recommendation of the Planning Commission and Planning Staff and grant this applicant, who is an ambitious, deserving young man trying to make a living, the requested change in zoning. City Manager Townsend stated that it was his understanding that this property would have to be replatted, and pointed out that those who had recommended denial would have to approve the plat; that the "alley" referred to by Mr. Bonilla which leads to Nolan's Steak House, is private property and could not be used for parking area without permission from the owner. Minutes Special Council Meeting May 19, 1969 Page 11 Mr. Bonilla stated that the property could be replotted, assuming that the other businesses in the:area had also complied with this requirement, and assuming the change of zoning would be granted, they would do whatever they had to do. In answer to questions From the Council as to the number of parking spaces provided, Mr. Bonilla stated there are 22; that he has not checked the deed restrictions as this matter has not arisen. Mr. James D. Whatley, 3913 Chestnut, spoke in opposition, stating that the request would constitute spot zoning in a single-family area; would not enhance the subdivision; would increase traffic and reduce property values, and that the request is basically a selfish interest without regard for the affect on the immediate neighborhood; that Mr. Zamudio purchased the property one year ago and should have been aware that it was a residential area; that the property owner adjoining the subject property had not appeared in opposition because he operates the small nursery and does not want to "rock the boat." Mr. J. W. Janaca, 3917 Chestnut, and Mr. C. D. Wolf, 4414 Aspen, both spoke in opposition, concurring with the objections previously mentioned. Mr. Zamudio appeared in his own behalf and stated that he does not desire to change the character of the neighborhood, that he only wants a change to make an honest living and educate his children. He pointed out that his proposed business operations would not affect the traffic as it is already heavy; that he is bothered by the noice from garbage trucks making pickups at early hours in the day; stated that the area is mostly composed of Anglos, and that there appeared to be some discrimination when the Planning Commission recommended denial. Mayor Blackmon stated he had seen nothing which indicated discrimination. He statedthat the site plan as submitted showed that they plan to use part of the Nolan Tract for parking, and that without this, there is provision for only eight parking spaces. Motion by McDaniel, seconded by Roberts and passed, that the hearing be closed. Motion by McDaniel, seconded by Roberts, that the recommendation of the Planning Commission be concurred in and that the foregoing request be denied. Minutes Special Council Meeting May 19, 1969 Page 12 Motion by de Ases, seconded by Lozano and passed, McDaniel and Roberts voting "Nay", that the foregoing application be tabled for further consideration. Mr. Whatley asked if he would be notified when the Council considers the Zamudio zoning application, and Mayor Blackmon explained the procedures for workshop meetings, and advised Mr. Whatley that the subject application would be considered at the workshop meeting of May 28, and that no further notification would be given. There being no further business to come before the Council, the meeting was adjourne:.