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HomeMy WebLinkAboutMinutes City Council - 06/23/1969 - Special-r • MINUTES CITY OF CORPUS CHRISTI, TEXAS SPECIAL COUNCIL MEETING June 23, 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 City Manager R. Marvin Townsend Assistant City Attorney Bob Coffin City Secretary T. Ray Kring Mayor Jack R. Blackmon called the meeting to order. Mayor Blackmon welcomed the presence of four visiting dignitaries, members of the Communications Workers Trade Union Team from Colombia, who are representatives of the Agency of International Development, and in this City under the auspices of the Agency for International Development, U. S. Department of Labor. Present were Nestor Buerrero Figueroa, Treasurer of Colombian Federation of Telecommunications Workers; Luis A. Horne Sanchez, President of Communications Ministry Union; Julio H. Macias Escobar, President of National Radio Telegraphers Union; Hector Nino Molina, President of Colombian Federation of Telecommunications Workers; Juan Gonzales, Team Manager; and Baldomero Guasch, Interpreter. Mayor Blackmon stated that the purpose of the Special Meeting was to hold public hearings on eight zoning cases, and explained the procedure to be followed. Mayor Blackmon announced the public hearing on Application #469-14, Felix G. Woodcock, for change of zoning from "R-18" One -family Dwelling District to "B-4" General Business District, on a 6.4 -acre portion cut of Lot 2, Gregoria Farias Grant Subdivision, located at 11910 Leopard Street. Senior City Planner Larry Wenger pointed out the location of the subject property on the zoning and land use map and described the zoning classifications in the surrounding area; stated that at the Commission hearing held April 29, 1969, the applicant appeared and explained that this property will be used as a retail mobile home sales and repair service operation, and that the owner of the property, Mrs. A. M. Parks, submitted a letter of approval which explained that the applicant has a five-year lease with an option to purchase. Mr. Wenger stated that no one appeared at the hearing in opposition; that the Staff mailed • Minutes Special Council Meeting June 23, 1969 Page 2 nine notices, received one in favor and none in opposition; that it was the recommendation of the Staff that "13-4" zoning be denied but in lieu thereof "A-1" be approved on the basis that there is already sufficient "8-4" zoning in the area that is vacant and not being used; and that the Commission recommended that "B-4" General Business District be denied, but that in lieu thereof a Special Council Permit be granted for a trailer sales and repair operation subject to a proper plot plan, screening and a sign that will conform with "B-1" requirements. Mr. Wenger stated that the plot plan was submitted by the applicant's engineer on June 10, 1969, and approved by the Commission as submitted. He further explained that the Staff feels that this property is better suited for apartment development. Mr. Felix G. Woodcock, applicant, stated that the request had been initiated because he had been informed that the property was being used illegally and was advised that he should discontinue the operation or apply for rezoning; that he had thought the property was already zoned for business. He stated that he would be glad to develop for apartment use but did not feel that this is economically feasible. Mrs. Annette Parks, owner of the property, spoke in favor of the request, stating that when she purchased the property it was zoned for business; that it has been vacant for ten years and that she has paid $500 a year in taxes; stated she concurs with Mr. Woodcock that it could not be developed for apartment use. No one appeared in opposition to the foregoing request. Motion by Sizemore, seconded by Roberts and passed, that the hearing be closed. Motion by de Ases, seconded by Sizemore and passed, that the recommendation of the Planning Commissionbe concurred in and that Application 0469-14, Mr. Felix G. Woodcock, for change of zoning from "R -1B" One -family Dwelling District to "8-4" General Business District on a 6.4 -acre portion out of Lot 2, Gregoria Farias Grant Subdivision, located at 11910 Leopard Street, be denied, but in lieu thereof a Special Permit be granted for a trailer sales and repair operation subject to the site plan approved by the Planning Commission, screening, and a sign that will conform with "B-1" requirements, and that an ordinance be brought forward effectuating the Special Permit. • • Minutes Special Council Meeting June 23, 1969 Page 3 Mayor Blackmon announced the public hearing on Application 0569-1, Dr. Richard Lyman, for change of zoning from "A-1" Apartment House District to "B-4" General Business District, on Lot 2, Block B, Carroll Heights Annex, located in the 5100 Block of Weber Road. Larry Wenger presented the application; located the property on the zoning and land use map, and described the zoning classifications in the surrounding area. He stated that at the Commission hearing held May13, 1969, Dr. Lyman appeared and stated that a Dairy Queen Restaurant and a one-hour Martinizing Cleaning Plant were proposed for the property. Mr. Wenger stated that three other persons had appeared in favor of the request, and that a representative of the Weber Road Church -of Christ had spoken in opposition on the basis that not it was/definitely known what the eventual development of the property would be, and that they would be opposed if alcoholic beverages were sold and consumed on the premises. Mr. Wenger stated that the Staff mailed out six notices, one received in favor and one in opposition; that it was the recommendation of the Staff that the request be denied on the basis that existing zoning is adequate for this area; and that the Planning Commission recommended that it be approved as requested. City Manager Townsend called to the attention of the Council that an application is scheduled to be heard later in this meeting for change of zoning from "AB" Professional Office District to "B-1" Neighborhood Business District, on property located at 5202 Weber Road. Mr. George V. Rohrman, architect, 5151 Weber, spoke in the absence of the,applicant, and stated that the opposition at the Commission hearing had been largely on the assumption that alcohol could be sold and consumed on the premises, and stated that the applicant has no intention of creating any type of business which would permit this use. He stated that there are numerous apartment complexes in the area, and that the proposed Dairy Queen Restaurant and Martinizing Cleaning Plant are needed to serve the area, and stated that it would be an asset to the neighborhood. Mr. 5. J. Becker, 4005 Cott Street, stated he was definitely in favor of the proposed development, that it would be both good for the applicant and the City, and would restore an area which is now grown up in weeds and unsightly. • • Minutes Special Council Meeting June 23, 1969 Page 4 Mr. Paul Hamon, realtor, spoke in favor of the request concurring in the statements of Mr. Becker. Mr. L. V. Norris, 4033 Capri, spoke on behalf of the Weber Road Church of Christ, stating that until it was definitely known what will be developed on this property, the church would be in opposition; that the sale of alcohol in the vicinity of the church would lend a bad influence. He stated they are also opposed from the standpoint of litter, noise, and the hours of operation. He stated that he was not aware that a written objection was a provision required for application of the 20 percent rule. Mr. Rohrman stated he appreciates the position of the Church with reference to the sale of alcohol, and that the applicant would be willing to give the Church an affidavit to the effect that they have no intention of permitting the sale or consumption of alcohol. Mayor Blackmon explained that this would not be sufficient assurance since the property could be sold and the next owner would not be bound unless it were a convenant written into the deed running with the land, and since the leases are not firmed up, the church is opposing the request on what uses could be allowed. Motion by Roberts, seconded by Sizemore and passed, that the hearing be closed. Motion by McDaniel, seconded by Roberts and passed, that the foregoing application be tabled for further consideration. Mayor Blackmon was excused from the meeting and Mayor Pro Tem Lozano assumed the Chair. Mayor Pro Tem Lozano announced the public hearing on Application 0569-2, James E. Roach, Trustee, for change of zoning from "R -1B" One -family Dwelling District to "A-1" Apartment House 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 Ever- hart Road and 236.73' in a southeasterly direction along Williams Drive. • • Minutes Special Council Meeting June 23, 1969 Page 5 Larry Wenger located the property on the zoning and land use map and described the existing zoning and land uses in the general area, and stated that a previous application on the subiect property had been denied on the basis that it did not conform with the Everhart Apartment zoning Study. Mr. Wenger explained that it does now conform with this study. He stated that at the Commission hearing held May 13, 1969, no one had opposed the request; that the Staff mailed out 13 notices, one was received in favor and none in opposition; that it was the recommendation of the Staff that it be approved, and that the Commission concurred in this recommendation. City Manager Townsend reported that one letter had been received since the hearing from Mr. Chester Roberts favoring the request. Mr. J. D. Trimble, attorney representing the applicant, stated that the application is now being made for "A-1" Apartment House District which the applicants believe to be the highest and best use of the property. He stated he is representing Grady C. Clark under a trusteeship set up for the benefit of Mr. Clark's children.. No one appeared in opposition to the foregoing application. Motion by Sizemore, seconded by McDaniel and passed, that the hearing be closed. Motion by McDariiel, seconded by Sizemore and passed, that the recommendation of the Planning Commission and the Staff be concurred in and that Application #569-2, James E. Roach, Trustee, for change of zoning from "R -1B" One -family Dwelling District to "A-1" Apartment House 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 Williams Drive, be approved as requested, and that an ordinance be brought forward effectuating the change. Mayor Pro Tem Lozano announced the public hearing on Application #469-3, Messrs. F. L. Beck and L. D. Patton, for change of zoning from "F -R" Form -Rural District to "1-2" Light Industrial District, on Tracts A, B, C, and D, out of Lot 4, Lockey Addition, located on the South side of the 5900 Block of Holly Road. • • Minutes Special Council Meeting June 23, 1969 Page 6 Larry Wenger presented the application; pointed out the location on the zoning and land use map and described the zoning classifications in the surrounding area. He described the area as being four 5 -acre tracts 1250' x 670° fronting on Holly Road; stated that at the Commission hearing held May 13, 1969, Mr. F. L. Beck appeared and stated that a planned light industrial development is proposed; that he has a contract to purchase the property subject to approval of the requested zoning. Mr. Wenger stated that five persons had opposed the application at the hearing, and one had appeared in favor; stated that the Staff moiled out 11 notices, none were received in favor and one in opposition; that a letter had been received since the hearing in favor but not within the notification area, and that a petition had been received containing signatures of persons in opposition; that it was the recommendation of the Staff that the application be denied on the basis that there is already sufficient industrial zon=ng; that "1-1" Limited Industrial District could serve as a planned buffer between the existing "1-2" and "R -1B" One -family Dwelling District; that at the present time there is more than three times the amount of industrial zoning than is being utilized in the City; and that the Planning Commission recommended approval as requested. Mr. Wenger stated that the 20 percent rule is in effect calculated on the basis that written opposition had been received from the owner of 4.99 acres located immediately to the rear of the property, and that this determination was concurred in by Assistant City Attorney Bob Coffin. Mr. Buddy Beck appeared on behalf of the request and presented a preliminary sketch of the proposed development and explained that the Southwest portion of the tract, which he did not propose to use, would be leased to serve as a buffer for the adjacent residential area; stated that he had procured letters from several adjoining businesses in the area in favor of the application; explained that his business required outdoor storage but that it would not be unsightly which was the reason for the request for "1-2" zoning; stated that they have no plans to sell the property, but intend to hold for an investment for a retirement income. He further stated the investment is too large for a Special Permit in that their "hands would be tied." Please note the Special Minutes of June 23, 1969 is missing page 7. This page is not attached to the original document or scanned in microfilm. • Minutes Special Council Meeting June 23, 1969 Page 8 that heavy equipment will have to cross Lockey; that old equipment will be abandoned and the area will become a blighted junk yard area; that buildings will be too close to the residences, and that the residents will be deprived of privacy. Motion by Roberts, seconded by Sizemore and passed that the hearing be closed, Motion by Roberts, seconded by McDaniel and passed, that the foregoing application be tabled for further consideration. Mayor Pro Tem Lozano announced the public hearing on Application 4569-4, J. H. Holcomb, for change of zoning, Tract #1, from "R -1B" One -family Dwelling District and "B-1" Neighborhood Business District to "B-4" General Business District, on the North 50' of Lots 19 and 20, Block 7, Gardendale #1 Addition; Tract #2, from "R -1B" One -family Dwelling District to "B-1" Neighborhood Business District, on the North 100' of Lot 20, save and except the North 50', Block 7, Gardendale 01 Annex, both tracts located on the East side of the 5600 Block of Everhart Road. Larry 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 May 13, 1969, Mr. Ralph Bennett, architect representing the applicant, presented site plans and explained that a completely enclosed air-conditioned veterinarian clinic is proposed for Tract #1, and that Tract #2 will serve as a parking lot for the overall development which includes a neighborhood business center. Mr. Wenger stated that one other person appeared of the hearing in favor and that no one had appeared in opposition; that the Staff mailed out 13 notices, three received in favor and none in opposition, and one was received in favor at the hearing; that it was the recommendation of the Staff that the request for Tract #1, be denied but in lieu a Special Permit be granted for a Veterinarian Clinic according to an approved plot plan, and that the request for Tract #2, be approved as requested. He stated that the Planning Commission concurred in the Staff's recommendation for both Tracts. • • Minutes Special Council Meeting June 23, 1969 Page 9 Mr. Ralph Bennett appeared on behalf of the applicant, presented a site plan and explained the overall development, and stated that the Special Council Permit as recommended by the Staff and Planning Commission would be satisfactory; stated they are prepared to proceed with development immediately. Others appearing on behalf of the application were Mr. J. H. Holcomb, Mr. Browning, and Mr. Tim Clower. No one appeared in opposition to the foregoing application. Motion by Sizemore, seconded by Roberts and passed, that the hearing be closed. Motion by Sizemore, seconded by Roberts and passed, that the recommendation of the Staff and Planning Commission be concurred in and that Application #569-4, Mr. J. H. Holcomb, for change of zoning, Tract #1, from "R -1B" One -family Dwelling District and "B-1" Neighborhood Business District to "B-4" General Business District, on the North 50' of Lots 19 and 20, Block 7, Gardendale 01 Addition, be denied, but in lieu thereof a Special Permit be granted for a small animal clinic according to the plot plan submitted by the architect; and that "B-1" Neighborhood Business District on Tract #2, the North 100 feet of Lot 20, save and except the North 50 feet, Block 7, Gardendale 01 Annex, be approved as requested, and that an ordinance be brought forward effectuating the Special Permit on Tract #1, and the zoning change on Tract #2. Mayor Pro Tem Lozano announced the public hearing on Application #569-5, City of Corpus Christi, for change of zoning from "R -1B" One -family Dwelling District to "AB" Professional Office District, on Lot 6, Block 4, Green Acres Village No. 1, located at 921 Zarsky Drive. City Manager Townsend explained that a Special Permit was granted on this application submitted by Mrs. Edith Shields for a one -chair beauty shop in November of 1966 for a 21 -month period due to serious illness in her family, and that Mrs. Shields had been misinformed that at the expiration date the circumstances would be reviewed and that she would have an opportunity to extend the Special Permit. Mr. Townsend explained that there is no provision whereby the Special Permit could be renewed, but that due to the mis- understanding as to the nature of the application, the application is being submitted in the name of the City of Corpus Christi. • • Minutes Special Council Meeting June 23, 1969 Page 10 Larry Wenger located the property on the zoning and land use map and described the zoning classifications in the general area; stated that at the Commission hearing held on May 13, 1969, Mrs. Shields had appeared on behalf of the application; that no one else appeared in favor and no one in opposition; that the Staff mailed 31 notices, two received in favor and one in opposition; that the Staff made no recommendation at this time, and the recommendation of the Planning Commission was that the request be denied, but in lieu thereof a Special Permit be granted for a one -chair beauty shop for a period of three years expiring on May 9, 1972, and provided that there be no advertising sign at this location. Mrs. Edith Shields spoke on behalf of the application and stated that prior to March of 1967, she had obtained a permit to alter her garage for the purpose of operating a one - chair beauty shop; that she had been granted the permit due to illness in her family, and was under the impression that at the end of the 21 -month period the permit could be extended. Mrs. Shields stated that she still has illness in her family and needs to be near her young children while supplementing the family income. She requested that the application be considered as a hardship case. She stated that there were no signs, and that her closest neighbors were not aware that the operation existed. Mr. Dave Coover, attorney representing Mrs. Shields, stated that every resident in the entire block had signed a petition favoring the beauty shop operation when it was first initiated; stated that it had been conducted quietly and without complaint; that it was thought at the time the permit was granted that the indebtedness could be retired within the 21 -month period, but that illness still exists and that it is still a hardship case, and that a three-year extension is needed. He further stated that there is no opposition on the part of the residents in the area at this time. In answer to questions from members of the Council, City Manager Townsend explained that if the three-year Special Permit is granted, there will be no misunderstanding this time and the applicant will be required to make a new application on its merits when the permit expires. • • Minutes Special Council Meeting June 23, 1969 Page 11 Commissioner McDaniel stated that the Council has denied numerous similar applications because they are poor zoning, and that he feels some policy should be established as a guide for future applications. Commissioner de Ases stated he agreed with Commissioner McDaniel that there should be a policy and some guidelines, but thot all situations call for some flexibility on the part of the Council when making these difficult decisions; that their decisions are supposed to be based on what will benefit the community, and that it would be hard to lay clown hard and fast rules. Motion by de Ases, seconded by Roberts and passed, that the hearing be closed. Motion by de Ases, seconded by Roberts, ghat the recommendation of the Planning Commission be concurred in and that a Special Permit be granted for a one -chair beauty shop for a periof of three years expi; int on May 9,. 1972, provided that there be no advertising sign at the location. Motion by Sizemore, seconded by M,.Dartiel and passed, Lozano, Sizemore and McDaniel voting "Aye", de Ases and Robert.=, voting "Nay" that the foregoing application be tabled for further consideration. Mayor Pro Tem Lozano announced the public hearing on Application #569-6, Don Prewit, for change of zoning from "F -R" Farm Rural District to "1-2" Light Industrial District, on a 5 -acre parcel of land out of Tract 3, Margaret Kelly Land Subdivision, fronting 575 feet on Old Brownsville Road and having an average depth of 563 feet, located in the 800 Block of Old Brownsville Road. Larry Wenger presented the application; located the property on the map and pointed out the existing zoning and land uses in the surrounding area; stated that at the Commission hearing held on May 27, 1969, Mr. Prewit appeared before the Commission and stated that a warehouse and meeting room are proposed for the subject property; Mr. Wenger explained that the applicant has a Tupperware distrib._torship in a 17 -county area of South Texas and needs the warehouse for inventory and meeting room to conduct weekly sales meetings. He stated that no one appeared at the hearing in favor nor in opposition; that the Staff mailed six notices, two received in favor and none in opposition; no action was taken by • • Minutes Special Council Meeting June 23, 1969 Page 12 the Staff on the application, but it was agreed that a recommendation would be made after the public hearing so that all the facts may be brought forth; that it was the recommendation of the Planning Commission that the application be approved as requested. Mr. Don Prewit appeared on behalf of the application and stated that the map shows two residences in the area but that they are located on the House Butane Company tract. He pointed out that '9-3" zoning exists on two sides already. He stated that the development would probably be expanded later on with possible construction of a drive-in grocery store. In answer to a question from Commissioner Sizemore, Mr. Wenger stated that it is their recommendation that the request be denied, that the land should remain Farm -Rural. A lengthy discussion followed as to the policy for taxing Farm -Rural Property; the procedure for changing Farm -Rural to "R -1B", and the absence of a Master Plan for property in the area of Old Brownsville Road. It was pointed out that more zoning classifications are needed to cover the problem of storage facilities. No one appeared in opposition to the foregoing request. Motion by McDaniel, seconded by Roberts and passed, that the foregoing application be tabled for further consideration. Mayor Pro Tem Lozano announced the public hearing on Application #569-8, Drs. E. L. Holt and H. T. Pruessner, for change of zoning from "AB" Professional Office District to "B-1" Neighborhood Business District, on Lots 1 thru 9, Bratton Place, located at 5202 Weber Road. Larry Wenger located the property on the zoning and land use map and described the zoning classifications and land uses in the general area; stated that at the Commission hearing held May 27, 1969, Dr. E. L. Holt appeared and stated that a 1200 square foot building is proposed to be erected on the property which will house an apothecary shop. Mr. Wenger stated that the Commission reviewed a plot plan which indicated that the proposed drug store would be constructed adjacent to the applicants' existing clinic building on Weber Road. He stated that a Special Permit is still in effect on the adjoining property which is to expire one year from the time it was issued in October of 1968; but the proposed • • Minutes Special Council Meeting June 23, 1969 Page 13 development has not materialized; stated that no one appeared in opposition; that the Staff mailed five notices, one received in favor and one in opposition; that it was the recommen- dation of the Staff that the application be denied on the basis that there is already sufficient "AB" zoning in the area, and that the Planning Commission's recommendation was that it be approved as requested. Mr. George V. Rohrman, architect, 5151 Weber Road, spoke on behalf of the applicant, and stated that it is the desire of the applicants to incorporate the entire tract into one unit; stated that it would be a logical continuation of the existing uses; that the leases had not been signed until the zoning is granted. He stated that development included in the Special Permit which was granted originally had become too complex and was the reason it had not been used, but stated that construction of the apartments and beauty shop will be begun immediately, and that the buildings are of the same specified size and con- struction as applied for in the Special Permit. Mr. L. V. Norris, 4033 Capri, spoke in opposition to the foregoing application and stated he was opposing the request for the same reasons he opposed Application 0'569-1, Dr, Richard Lyman, namely; noise, the possible sale of alcohol, and lack of need for the proposed development in the area. Stated that he did not necessarily oppose the apothecary shop, but needed some assurance that alcohol would not be sold. A representative of the Weber Road Church of Christ concurred in the statements of Mr. Norris, that they are only opposed for religious reasons and the possible sale of alcohol, Motion by de Ases, seconded by Roberts and passed, that the hearing be closed. Motion by Sizemore, seconded by McDaniel and passed, that the foregoing application be tabled for further consideration. There being no further business to come before the Council, the meeting was adjourned.