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HomeMy WebLinkAboutMinutes City Council - 06/09/1969 - SpecialMINUTES CITY OF CORPUS CHRISTI, TEXAS SPECIAL COUNCIL MEETING June 9, 1969 2:00 P. M. PRESENT: Mayor Jack R. Blackmon Mayor Pro Tem Gabe Lozano, Sr. Commissioners: Eduardo E. de Ases Ken McDaniel W. J. Roberts Ronnie Sizemore Assistant City Manager Archie Walker City Attorney I. M. Singer City Secretary T. Ray Kring Mayor Jack R. Blackmon coiled the meeting to order, 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 0369-14, Carthay Realty Corporation, for change of zoning from "B-1" Neighborhood Business District to "B-4" General Business District, on Lots 1 through 10, Block A, Cooperdale Addition, located in the 3500 Block of South Staples Street. Senior City Planner Larry Wenger located the property on the zoning and land use map and described the existing zoning and land uses in the general area; stated that dt the Commission hearing held March 18, 1969, Mr. Edwin Stuart, representing Fox Theatres of Los Angeles, California, appeared and stated that there are approximately 280 Fox Theatres in the United States, and that four such theatres are under construction in major Texas cities at the present time; that Mr. Perry Pearson, architect, had explained that the building would be masonry construction to house a 1200 -seat capacity movie theatre; described the entrances and exits proposed on South Staples Street, and that they have an option to purchase Lots 1 through 5 facing on Rosedale Drive to be used for additional parking if necessary with Lot 5 being used as a buffer zone between the single-family property and the parking lot. Mr. Wenger stated that Mr. Pearson presented letters from residents living within the 200 -foot notification area across South Staples Street who were in favor of the application, and also a petition -signed by four of the five property owners directly behind the property who were in favor; that six other persons spoke in favor, including Mr. Charles E. Pratt, representing Maverick. Markets, who stated that it would be an asset to the community but was concerned as to the uses allowed • • Minutes Special Council Meeting June 9, 1969 Page 2 if "B-4" was granted. Mr. Wenger stated that eight persons had appeared in opposition to the request for "B-4" generally on the basis that traffic would be generated onto South Staples Street, Rosedale and Rossi Drives; that it would decrease property values, and that parking would become a problem. Mr. Wenger stated that 20 notices were mailed, none received in favor, three in opposition, and one received in favor at the public hearing; that two petitions in opposition with approximately 57 signatures were received from the residents on Rosedale and Rossi Drives, and one petition received in favor; that it was the recommen- dation of the Staff that the request be denied, but in lieu thereof a Special Permit be granted for an enclosed twin theatre subject to six conditions: (1) that no driveways or vehicular access be permitted on Rosedale and Rossi Drives; (2) that there be a planting strip around the entire site as shown on the site plan; (3) that there be a standard screening fence as shown on the site plan; (4) that the seating capacity be limited to 1200 seats; (5) that sign requirements be approved by the Planning Department; (6) that light be controlled so that it is directed away from the adjacent residential areas. The Planning Commission concurred in this recommendation adding a seventh condition that the other five lots on the corner of Rosedale and South Staples be acquired with the first 4 lots to be used for parking and the fifth lot to remain residential to serve as a buffer for the residential areas with no driveways or vehicular access to be permitted. Mr. Wenger further explained that on April 29, 1969, the plot plan as presented by the applicants was denied until all the requirements set out in the meeting of March 18, 1969, were complied with in connection with landscaping, seating capacity, and provision for parking on the first four lots at the corner of Rosedale and South Staples; stated that on May 13, 1969, a revised site plan was presented and approved with the following conditions: (1) that the two theatres contain no more than a total of 1250 seats; (2) that the four lots across Rosedale Drive from the theatres be retained by the applicants for a period of 18 months at which time the Commission will determine if they are necessary to provide additional parking; and (3) that the permitted sign sizes be as follows: a) one freestanding sign located at the corner of Rosedale and South Staples not to exceed 25 feet in height and 40 square feet in area; b) one sign flat against the wall of the building not to exceed 400 square feet in area and not to extend more than 25 feet above the ground. • Minutes Special Council Meeting June 9, W69 Page 3 Mr. Edwin Stuart spoke on behalf of the applicants and stated that the only purpose for purchasing the subject property is for a motion picture theatre stated the development will be a three-quarter million dollar project with a payroll of $75,000, and that they are requesting that they be allowed to retain the five lots facing on Rosedale to be used for parking if and when it is deemed necessary. Mr. Perry Pearson, architect, described the design, type of construction, size, and cost of the project, and presented an architects drawing of the building. He stated he was surprised and could not understand why there had been objections; that because of the cost involved, they would like to postpone paving the five lots until they are sure of their economical value to the theatre, and will be more than willing to spend the money to pave them when it is deemed necessary; stated they have cooperated with the Planning Commission in every respect relative to landscaping and protection to the residents. He stated that the applicants would like to be allowed a sign the same size as recommended by the Planning Commission but raised to 28 feet, and that the Special Permit would be acceptable. Mr. Vaughn Bowen, realtor and member of the Planning Commission, stated he felt the proposed theatre would not be objectionable to the community; that the traffic would be controlled as shown on the site plan, and that he felt that if the five lots across the street are included, the parking will be adequate, otherwise there will be some parking in front of the residences. Mr. Dave Coover, member of the Planning Commission, urged the approval of the request, pointing out that the applicants are operating over 250 theatres throughout the United States, and that they should be given credit for judging the amount of parking space they need, and pointed out that they would not spend this large amount of money on a project without providing adequate parking; that he feels the Council should not let minor details influence their thinking in a project of this size, and that the application should be given immediate approval. • • Minutes Special Council Meeting June 9, 1969 Page 4 Mr. Fred Quaile, realtor, urged approval and stated that he has a pecuniary interest in the project, but that this notwithstanding, the project is desirable, would be an asset to the City, and that the City should encourage new business. He pointed out that the project would add to the City tax rolls, and that the traffic could be handled since it would be heaviest at 11:30 p.m. after Staples Street is cleared of traffic. Mr. Marvin Meissner, 926 Rossi, stated he had filed a written objection to the granting of "13-4" business zoning, but did not object to the Special Permit providing all the conditions as set out by the Planning Commission are complied with. Mr. Everett Chase, 930 Rossi Drive, Mr. P. J. Labonte, 929 Rossi; concurred in the statements by Mr. Meissner. Mr. Saul Cooper, owner of the property, stated under the present zoning he could have developed the property commercially - with neighborhood businesses - but his desire was to develop the property in a manner that would be an asset to the area and this he believed the theatre would be. Mr. Stuart stated that the Special Permit would be acceptable, that they have a commitment of June 15, and would appreicate a decision as soon as possible. Motion by Roberts, seconded by Sizemore and passed, that the hearing be closed. Motion by McDaniel, seconded by Sizemore and passed, that Application #369-14, Carthay Realty Coroporation, for change of zoning from "B-1" Neighborhood Business District to "B-4" General Business District on Lots 1 through 10, Block A, Cooperdale Addition, located in the 3500 Block of South Staples: Street, be denied, but in lieu thereof a Special Council Permit be granted for the construction and operation of a twin theatre, situated on Lots 1 through 10, Block A, Cooperdale Addition, according to the site plan approved by the Planning Staff, subject to the following conditions: 1. That the twin theaters contain no more than a total of 1250 seats; 2. That the four lots across Rosedale Drive from the theatres be retained by the applicants for a period of 18 months in which time the City Staff shall determine and recommend to the City Council that the lots are or are not necessary for additional parking, the fifth lot to be used as a buffer between the residential area and the parking lot; and subject to such regulations as then established by the Council; • Minutes Special Council Meeting June 9, 1969 Page 4A 3. That the permitted sign sizes be cis follows: One sign flat against the wall of the building, not to exceed 400 square feet in area and not to extend more than 28 feet above the ground; 4. That a screening fence be constructed along the South and East sides of the property and that said property be landscaped as shown on the site plan; 5. Subject to all other requirements of "B-1" zoning; 6. That there be no appeal to the Board of Adjustment; and 7. That there be no entrance or exit except on South Staples Street; and that an ordinance be brought forward effectuating the Special Council Permit. • • Minutes Special Council Meeting June 9, 1969 Page 5 Mayor Blackmon announced the public hearing on Application 0469-5, Mr. Jon Held, for change of zoning from "R -1B" One -family Dwelling District to "A-1" Apartment House District, on the north 1/2 of Lot 5 and all of Lot 6, Section 50, Flour Bluff and Encina) Farm and Garden Tracts, located in the 1600 Block of Glenoak Drive. Larry Wenger presented the application, located the property on the zoning and land use map and described the zoning and land uses in the general area. He stated that at the Commission hearing held on April 1, 1969, Mr. Jack Solka, architect, spoke on behalf of the applicant and stated the development is a planned community of single-family residences for middle-income families, and indicated the project would consist of 225 units estimated at $12,000 to $14,000 each, and that owners would have a common interest in the open space,streets and utilities. Mr. Wenger stated no one appeared in opposition, that 12 notices were mailed, two received in favor and one in opposition; that it was the recommendation of the Staff that the application for "A-1" be denied, but in lieu thereof recommended a Special Permit for a townhouse project, and that the Planning Commission concurred in this recommen- dation on the condition that a plot plan be approved by the Commission, and that subsequently, April 29, 1969, the Commission approved the plot plan as submitted by the applicant, but that it was pointed out that prior to approval of this plat by the Commission, the park dedication would be required. Mr. Jon Held, applicant, stated that property owners in the area do not object to a Special Permit, and stated that this type application occurs frequently, and:a policy for townhouse zoning should be established. He stated that he had discussed with County Com- missioner Bob Barnes the possibility of utilizing a tract of land adjacent to the subject property which the County does not plan to use in the near future, which would make an excellent park for this area. Mr. Jack Solka, architect representing Mr, Held, showed colored slides, and presented a plot plan of the proposed development. He stated that there would be approximately 5,000 square feet of land per unit, that the streets are to be private, but will be the same width of City residential streets, and that the parkway proposed along the east side of the tract will be dedicated to the City. He explained that each unit will have a built-in carport, which • • Minutes Special Council Meeting June 9, 1969 Page 6 will be an additional parking space for each apartment, not including the visitors' parking spaces; that they are ready to begin construction, and that other units are planned as the market dictates. Mrs. H. G. Tromm, 5402 Ocean Drive, stated the project appears to be very attractive, and that she would like to be recorded as in favor of it. No one appeared in opposition to the foregoing application, Motion by Roberts, seconded by Lozano and passed, that the hearing be closed. Motion by de Ases, seconded by Sizemore and passed, that the recommendation of the Planning Commission be concurred in and that Application #469,5, Mr. Jon Held, for change of zoning from "R -1B" One -family Dwelling District to "A-1" Apartment House District, on the north 1/2 of Lot 5 and all of Lot 6, Section 50, Flour Bluff and Encina! Farm and Garden Tracts, located in the 1600 Block of Glenoak Drive, be denied, but in lieu thereof, a Special Permit be approved for a townhouse project, and that an ordinance be brought forward effectuating the Special Permit. Mayor Blackmon announced the public hearing on Application #469-9, Mrs. Frank Schroeder, for change of zoning from "R -1B" One -family Dwelling District to "AB" Pro- fessional Office District, on Lot 4A, Rolling Acres No. 1, located at 201 East Princess Drive. Mrs. Frank Schroeder, applicant, appeared and read and filed with the Council, a letter withdrawing the application, stated that they do not wish to move into the area for the purpose of operating a kindergarten to cause ill feelings with the neighbors. Mayor Blackmon explained to Mrs. Schroeder that the fee which she had paid was to cover both the hearing before the Planning Commission and the City Council and could not be refunded, and that her request for withdrawal of the application is in effect a denial. Mayor Blackmon announced the public hearing on Application #469-13, City of Corpus Christi, for change of zoning from "R -1B" One -family Dwelling District to "B-4" General Business District, on Lots E and F, Boulevard Acres, located approximately between Padre Island Drive and a dedicated but unopened street known as Johanna. • Minutes Special Council Meeting June 9, 1969 Page 7 Larry Wenger located the property on the zoning and land use map, described the zoning and land uses in the surrounding territory; stated that at, the Commission hearing held April 15, 1969, it was explained by the Staff that this application was initiated at the request of the City Manager with the City Council's approval in the belief that this would be a logical extension of the existing "8-4" zoning, and since the property is completely surrounded by business and apartment zoning. He explained that Mr. James E. Tempesta, adjacent property owner, whose application to rezone a 1.15 -acre tract out of Lot 2, Section 3, Bohemian Colony Lands was approved March 12, 1969, spoke in favor of the subject request. Mr. Wenger stated that no one appeared at the Commission hearing in opposition; that seven notices were mailed, none received in favor, none in opposition, and that one was received at the public 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 there is business zoning existing in the immediate area, and it would establish a more reasonable zoning district. Mr. Wenger stated that the subject property is owned by Dr. Criss and Ennis Joslin, and that they have been notified of the request to change the zoning, and that they had not initiated the request because they did not wish to pay the required fee as the change in zoning was immaterial to them. No one appeared in opposition to the foregoing application. Motion by de Ases, seconded by Sizemore and passed, that the hearing be closed. Motion by Sizemore, seconded by Roberts and passed, that the recommendation of the Planning Commission be concurred in and that Application #469-13, City of Corpus Christi, for change of zoning from "R -1B" One -family Dwelling District to "B-4" General Business District, on Lots E and F, Boulevard Acres, located approximately between Padre island Drive and a dedicated but unopened street known as Johanna, be approved as requested, and that an ordinance be brought forward effectuating the change. • Minutes Special Council Meeting June 9, 1969 Page 8 Mayor Blackmon announced the public hearing on Application #469-15, Miss Eliza- beth Busker, for change of zoning from "R-18" One -family Dwelling District to "AB" Professional Office District, on Lot 13, Block 14, Lindale Park #2, located at 1002 Ponder Street. Larry Wenger presented the application; located the property on the zoning and land use map and described the existing zoning and land uses in the general area; stated that at the Commission hearing held on April 29, 1969, Miss Busker spoke in behalf of the application and stated that on advice of the Staff she had applied for a change in zoning, but that she preferred a Special Permit for operation of a one -chair beauty parlor; that she has a contract to purchase the subject property if the zoning is approved. Mr. Wenger stated that six persons had appeared at the hearing in opposition to the request, and no one in favor; that 28 notices were mailed, one received in favor, 15 ir: opposition, and one received at the public hearing in opposition; that a petition had been received at the hearing containing approximately 117 signatures of property owners in the area in opposition. Mr, Wenger stated that it was the recommendation of the Planning Commission that the request be denied, and that the Staff recommended denial on the basis that it would constitute spot zoning, would not conform to the land use in this area and would tend to break down the character of the residential area. The applicant did not appear, and there were approximately 10 persons in the audience who by show of hands indicated their opposition to the foregoing application. Motion by McDaniel, seconded by Roberts and passed, that the hearing be closed. Motion by McDaniel, seconded by Roberts and passed, that Application #469-15, Miss Elizabeth Busker, for change of zoning from "R -1B" One -family Dwelling District to "AB" Professional Office District, on Lot 13, Block 14, Lindale Park #2, located at 1002 Ponder Street, be denied. Mayor Blackmon announced the public hearing on Application #469-16, C. C. Pump Service, Inc., for change of zoning from "R -1B" One -family Dwelling District to "B-4" General Business District, on Lots 17 and 18, Block 2, Austin Addition, located at 410 and 418 Balboa Street. • • Minutes Special Council Meeting June 9, 1969 Page 9 Larry Wenger located the property on the map and described the zoning and land uses in the general area; stated that at the Commission hearing held April 29, 1969, Mr. T. C. Brown, President of C. C. Pump Service, Inc., spoke on behalf of the application and stated that additional space is needed for enclosed storage and adequate off-street parking, which is the reason for this request. Mr. Wenger stated that no one had appeared in favor or in opposition; that Mr. Brown presented a petition with 10 signatures of people living in the area who are in favor; that the Staff mailed 36 notices, three received in favor, one in opposition; that it was the recommendation of the Staff that the application be denied on the basis that there is already sufficient business zoning in the area, and that the existing zoning is adequate because of the size of these lots, and that the Planning Commission concurred and recommended denial. Mr. Oscar Spitz, attorney rep-esenting the applicant, presented photographs of the area in question, and also a petition containing 20 signatures of persons in the immediate area, expressing their approval that the C. C. Pump Service, Inc., should be allowed to expand their business and to improve the property for storage and parking of equipment. Mr. Spitz stated that his clients have stated they cannot continue at this location without more space, and have already purchased the lots. He stated that he has a payroll of $90,000 annually; that he only wants the use of the property for storage and parking, and there will be no open storage or repair work; and that probably a Special Permit would be acceptable. Mr. Brown appeared on behalf of the application and concurred that a Special Permit would be satisfactory. No one appeared in opposition to the foregoing requests Motion by de Ases, seconded by Roberts and passed, that the hearing be closed. Motion by Roberts, seconded by Sizemore and passed, that Application 0469-16, C. C. Pump Service, Inc., for change of zoning from "R -1B" One -family Dwelling District to "B-4" General Business District, on Lots 17 and 18, Block 2, Austin Addition, located at 410 and 418 Balboa Street, be denied, but in lieu thereof, a Special Permit be granted for construction of a building to be used for enclosed storage, and paved area to be used for parking ofV6ehicles used by this business and customers, subject to a site plan, and that an ordinance be brought forward effectuating the Special Permit. • • Minutes Special Council Meeting June 9, 1969 Page 10 Mayor Blackmon announced the public hearing on Application x`469-17, Businessmen's Association of South Texas, Inc., for change of zoning from "R -1B" One -family Dwelling District to "B-4" General Business District, on al! of Blocks 5 and 6, San Simeon Subdivision, bounded by Villareal Drive, Rene Drive, Bloomington Street and Columbia Drive. Larry Wenger located the property on the zoning and land use map and described the zoning and land uses in the general area; stated that at the Commission hearing held April 29, 1969, Mr. Elbert Cox, representing the applicants, stated this property is proposed for the development of a nursing home and shopping center, the nursing home to be located on the northern portion of the tract and the shopping center on the southern portion. Mr. Wenger stated that one other person spoke in favor of the request and no one in opposition; stated that 15 notices were mailed, one received in favor, none in opposition; that it was the recommendation of the Staff that it be denied on the basis that there is sufficient business zoning in this area to serve the needs of the neighborhood, and that the Planning Commission recommended that the application be approved as requested. Mr. Henry Dace, realtor representing the applicants, spoke in favor of the request and pointed out that there does not exist a first class shopping center closer than Port Avenue, and that there is definitely a pressing need for this facility in the area. He stated the population density is approximately 20,000 and some 600 families, and that the number is still increasing. , Mr. E., Estrada, and` ember of the Businessmen's Association of South mac, Texas, concurred with the statement of Mr. Dace that this area is in need of a first class shopping center and that this is an excellent location. Mr. Fred Quaile, realtor, also concurred that the area is ideally suited for the proposed development; that there will be no problem in financing, and that they are ready to proceed with construction. Assistant City Manager Archie Walker pointed out that the Staff has some serious reservations regarding the affect this request will have on the efforts toward the Neighborhood Improvement Program; that a major business area within the interior of this neighborhood had not been envisioned, and that the Code Enforcement Program should not be made invalid. Minutes Special Council Meeting June 9, 1969 Page 11 In answer to a question from a member of the Council, Mr, Wenger stated the proposed shopping center would not be compatible with the Code Enforcement Program. Noone appeared in opposition to the foregoing request, Motion by McDaniel, seconded by Sizemore; and passed, that the hearing be closed. Motion by McDaniel, seconded by Roberts and passed, de Ases and Lozano abstaining, (both are officers of the Businessmen's Association of South Texas, Inc.) that Application 1469-17, Businessmen's Association of South Texas, Inc., be tabled for further consideration. Mayor Blackmon directed that Commissioner Roberts be authorized to attend a hearing before the Texas Water Rights Commission to be held in Austin Wednesday at 10:00 a.m. to represent the City and reiterate its opposition to construction of three small dams on the headwaters of the Nueces, Sabina) and Frio Rivers. There being no further business to come before the Council, the meeting was adjourned.