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
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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.
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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
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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
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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.
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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;
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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
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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.
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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
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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
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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.
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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.
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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:.