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HomeMy WebLinkAboutMinutes City Council - 08/11/1969 - SpecialMINUTES CITY OF CORPUS CHRISTI, TEXAS SPECIAL COUNCIL MEETING August 11, 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 City Manager R. Marvin Townsend Assistant City Attorney Bob Coffin City Secretary T. Ray Kring • Mayor Jack R. Blackmon called the meeting to order and asked that it be noted that a quorum was present. He stated the purpose of the Special Meeting was to hold public hearings on four zoning applications, and any other business as may properly come before the Council, and explained the proced.:re to be followed. Mayor Blackmon announced the public hearing on Application #769-2, Mr. Joe D. Moore, for change of zoning from "R -1B" One -family Dwelling District to "A-1"Apart- ment House District, on a 11.807 -acre tract of land out of Lot 4, Section 2, Bohemian Colony Lands, located on the North side of Montego Drive between Unit 3 and Unit 5, Carroll Place, on the west side of the 5600 Block of Weber Road. Senior City Planner Larry Wenger located the property on the zoning and land use map and described the zoning and land :uses in the surrounding area; stated that at the Commission hearing held July 8, 1969, the applicant appeared and explained that the application is being made to expand the existing apartment project known as the French Quarter Apartments located immediately adjacent to the south on Montego Drive at Weber Road contingent on the granting of this request. Mr. Wenger stated that seven persons appeared at the Commission hearing and spoke in opposition to the request generally on the basis that there is already sufficient apartment complexes in the area; property values would be decreased; taxes would increase; schools would be overcrowded; and increase traffic congestion on Weber Road, Capri Drive, and Inglewood Drive. He stated that the Staff mailed fifteen notices, received one in favor, two in opposition, two received in opposition at the hearing, and two received in opposition the following day. He stated that it was the recommendation of the Planning Commission that the application • Minutes Special Council Meeting August 11, 1969 Page 2 be approved as requested, and that the Staff recommended denial for the following reasons: (1) that the area was planned as a single-family detached residential area; (2) Tripoli Drive should extend through this area to provide adequate traffic circulation; (3) this will create additional traffic congestion in an already congested area; (4) since the general trend is more multiple -family developments rather than detached single- family units, more excessive demands will be placed on community facilities already in existence. City Manager Townsend reviewed the history of the Special Council Permit which was granted for an apartment complex on Unit 5, Carroll Place in 1968, and stated that the preliminary plat which is Carroll Place was originally laid out for commercial tracts, and that the remainder was laid out in a pattern conducive to single-family dwellings; that later the plat was revised and the area laid out in single- family lots; that the Special Permit which was applied for and granted last year was tied to a site plan, and the applicant stated he could not develop the property according to the site plan, and that he was later al laved to amend his site plan and proceed with the planned development. Mr, Joe D. Moore spoke on behalf of his request stating that the adjacent apartment development known as the French Quarter Apartments were completed three months ago and are now 100 percent occupied with high quality tenants, and that he is requesting apartment zoning now to be allowed to build similar apartments on the subject property. He stated he did not feel the proposed development would overcrowd the schools, parks, streets or utilities in the area; stated that the National average documented by the Home Builders Association, shows that garden type apartments have less school children than single family homes; stated that the traffic problem will be easily handled for the reason that by the time the proposed apartments are completed, Weber Road will be widened to a six -lane boulevard, and Holly Road will be widened to a four -lane drive. He stated the parks will not be crowded because the complex will include its own recreation rooms and playground areas. He further pointed out that the tax revenue from the proposed apartment complex would be almost • Minutes Special Council Meeting August 11, 1969 Page 3 double that of single-family homes, and that the community as well as the City will benefit. He explained that the area has 9.25 acres of land; that he plans to construct approximately 200 apartments, one for every 1500 square feet, and that the construction will be according to the "A-1" regulations in every respect, will be of highest quality and kept in good repair. City Manager Townsend stated that Mr. Moore was correct in his forecast that Weber Road would be widened to a six -lane boulevard in the near future, but that the City has no immediate plans for widening of Holly Road. Mr. John Ford, 3932 Holly Road, appeared and stated he was present voluntarily to attest to the high quality of Mr. Moore's apartments of which he is a resident; stated he feels there is a definite need to meet the trend toward apartment dwellings in Corpus Christi, and that this growth should not be stifled. Mr. Jack Ryan, builder and partner in the subdivision, appeared in favor of the request, and stated that the development as proposed is very attractive and of high quality, and will be an asset to the City; stated that utility provisions are adequate to accommodate the residents, and that the projected street improvements will easily handle the increased traffic. He further stated that financing for apartments is easier than for single-family dwellings because it is simpler to collect from one person than from many. Mr. Sam Susser appeared and spoke in favor of the request, stating the Mr. Ryan was one of the prime builders in the City; has done more to improve and build a greater Corpus Christi than any other one person; that his judgment can be relied upon, and that without him the City would be far behind in progressive development. Mr, Clint Himes, Montego Street, stated he was in favor of the request, and was attesting to the high quality of construction, maintenance, and management of the applicant's apartments which now exist. He verified the applicant s statement that his tenants are a high class people, that a growing City such as Corpus Christi has a definite need for homes for new residents, and that he feels the City is several years behind in this respect. • Minutes Special Council Meeting August 11, 1969 Page 4 Mr. Tom McDowell, attorney, appeared and stated that he was representing residents living immediately to the north of the subject property in the vicinity of Capri, Kingston and Carroll Place, who are opposed to the requested zoning change. He suggested that Mr. Moore's statement that the subject area consisted of 9.25 acres should be checked. Mr. McDowell pointed out that the overall construction would be approximately 500 units constructed on some 20 acres of land; that this would be a tremendous concentration of population and does not meet the test of overcrowding and appropriate use of property according to State Law; does not provide the required open air space; would be a burden on the public utilities and services, City Parks, Schools and streets. He stated that traffic would be congested around Carroll High School which generates more traffic than any other school in the City; stated that the birth rate of the apartment dwellers was not taken into consideration. He further pointed out the financial burden on the City through condemnation to improve Holly Road because of the location of the railroad tracks and drainage ditches, and that plans for widening of Weber Road have not been firmed up. Mr. McDowell filed with the Council a petition containing 1,361 names of residents in the area who are in opposition to the proposed zoning request. He stated that many of these people were under the impression that the area was planned for single-family dwellings when they purchased their property, and that the Harlan and Barthlomew and Associates planned that this area remain single-family dwellings. Mr. Jed Davis, 4009 Tripoli, spoke in opposition stated that there are sufficient apartments in the area, and that he concurred in the recommendation of the Staff for denial. Lt. Travis Beard, 3505 Capri, stated he participated in securing signatures on the petition opposing the zoning request, and stated all residents contacted on Capri Drive are opposed to the request. He stated his particular reason is that he feels it will devalue his property. • Minutes Special Council Meeting August 11, 1969 Page 5 Mrs. W. C. Inches, 5418 Surrey, past president of the Kostoryz Elementary School Parent Teachers Association, presented a resolution signed by the Executive Board of that organization, in opposition to the proposed zoning request. She stated that the school had approximately 656 students last year, and a pre -enrollment of 702 students for the ensuing term, and that the 200 apartment units will add another burden to the already crowded school, recreational facilities, and traffic problems. Mr. H. C. Moran, 3910 Kingston, Mr. Gordon Yarborough, 6814 Aswan, and Bob Reynolds, spoke in opposition on the basis that there is already sufficient apartment complexes in the area; that property values would be decreased; taxes would increase; and recreational facilities and schools overcrowded. The following persons appeared and listed their names and addresses as being opposed to the requested zoning change: Victor Benys, 4110 Tripoli; Mr. and Mrs. Leon Kapeller, 3409 Lynwood; Mr. and Mrs. Joe Patterson, 3918 Kingston; Mr. and Mrs. Glenn A. Shinn, 3917 Kingston; Jim Whatley, 3925 Kingston; Mrs. John E. Grifno, 4602 Sheffield; Mrs. Ed Marshall, 4606 Sheffield; Mr. and Mrs. B. W. Derrick, 3922 Mrs. Don Ghormley, 4005 Capri; Mrs. Donald Mulls,3517 Heritage; Kingston; Mrs. Jesse Patton, 4106 Monaco; Mrs. Jed Davis, 4009 Tripoli Mrs. George Mrs. B. J. Sandalin, Bentwood; Mrs. Carl Favre, 3330 Lynnwood; Finch, 3417 Tiger Lane;/Mrs. B. J. Bailey, 3501 Tiger Lane; Mrs. K. M. Castleman, Mrs. Joe Coudert, 4025 Tripoli; 3415 Lynnwood; Mrs. D. K. Platt, 3502 Columbine/Mrs. Paul Lott, 3525 Lynnwood; Mr. and Mrs. George Cline; Kenneth Lowe, 3705 Waterloo; James H. Bradshaw, 5209 Surrey; Chas. Sturgeon, 5505 Fresno; Mr. and Mrs. C. E. Hatherly, Jr., 5214 Ponderosa; John Carle, 5209 Panama; W. C. Skipworth, 3722 Panama; Mrs. C. H. Quebedeaux, 3502 Tiger Lane; Robert G. Holsclaw, 5610 Dominica; Mr. and Mrs. Conoly peen, 3505 Bobolink; Neal Turner, 3514 Lynnwood; Mrs. Wilber F. Ray, 3510 Bobolink; L. Sheppard; W. T. Bloomfield, 3613 Bentwood; Mr. and Mrs. Bridges; Jesus M. Rosales, 3729 Waterloo; and Mr. J. J. Theabald, 3741 Kingston. In rebuttal, Mr. Moore stated that he had made a detai led study of apartment density, and had found that a neighborhood is better off for having high class apart- ments than single-family homes; stated that statistics show that schools are not as crowded; that his apartments are one -bedroom units and that there are few small • • Minutes Special Council Meeting August 11, 1969 Page 6 children; stated that because of the attractiveness of his apartments, property values would not be depreciated; stated that the ''A-1" zoning requirements would provide plenty of open space; that adequate parking is available; stated that so far as the Harlan and Barthlomew Master Plan, the Zoning Commission approved his application. Mr. Moore stated that the overflow crowd who had appeared in opposition were residents from four other subdivisions, and he compared the mass opposition to the modern trend toward "demonstrations." Motion by Bradley, seconded by de Ases and passed, that the hearing be closed. Motion by McDaniel, seconded by Roberts and passed, with de Ases voting "Nay", that the foregoing application be tabled for further consideration. Mayor Blackmon announced the public hearing on Application #769-1, Mr. Harold Jackson, for change of zoning from "R -1B" One -family Dwelling District to "B-1" Neighborhood Business District, on Lots 13 and 14, Block 2, Arcadia Village, located on the South side of Roosevelt Drive between Vanderbilt Drive and Ayers Street at 302 and 306 W. Vanderbilt Drive. Larry Wenger located the property on the zoning and land use map and described the zoning and land uses in the surrounding area; stated that at the Commission hearing held July 8, 1969, the applicant appeared before the Commission and stated that a Circle "K" drive-in grocery store is proposed for the property. Mr. Wenger stated that six persons appeared and spoke in opposition, generally on the basis that there is sufficient business zoning in the area to serve the needs of residents; that it would increase traffic hazards; and decrease property values. He stated that 21 notices were mailed, none received in favor, five in opposition, and one received in opposition on July 10; that it was the recommendation of the Planning Commission that the application be denied, and the Staff concurred in the recommendation on the basis that (1) it would be an encroachment in an established planned residential area; (2) no access permitted from Ayers Street to these lots across the planting strip; (3) deteriorating effect on abutting and adjacent residential uses which would • • Minutes Special Council Meeting August 11, 1969 Page 7 encourage future undesirable zoning change requests; and (4) increased traffic congestion at the entrance to this subdivision. Mr. Wenger further stated that a petition was presented at the Commission hearing containing 76 signatures of property owners in the immediate area who were in opposition to the request. Mayor Blackmon called for a show of hands of those in the audience who were opposed to the foregoing application. Five persons so indicated their opposition. Motion by Bradley, seconded by McDaniel and passed, that the recommendation of the Planning Commission be concurred in and that Application #769-1, Mr. Harold Jackson, for change of zoning from ''R -1B" One -family Dwelling District to "B-1" Neighborhood Business District, on Lots 13 and 14, Block 2, Arcadia Village, located on the South side of Roosevelt Drive between Vanderbilt Drive and Ayers Street at 302 and 306 West Vanderbilt Drive, be denied. Mayor Blackmon announced the public hearing on Application #769-4, Hamburgers, Inc., for change of zoning from "1-2" Light Industrial District to "B-5" Primary Business District, on Lot 15-A, Block 1, Roosevelt Place, located between Morgan and Segrest Streets at 1300 South Port Avenue. Larry Wenger located the property on the zoning and land use map and described the zoning classifications and land uses in the surrounding territory; stated that at the Commission hearing held on July 8, 1969, no one appeared to represent the applicant, and the Staff presented the letter of request and explained that the application is being made to accommodate a large standard advertising sign used by all Burger Chef Restaurants which would be located in the front yard at the corner of Port and Morgan. Mr. Wenger explained that there is a 20 -foot setback requirement in the "1-2" zoning district but not in the "B-5" requirement; that it was the Staff's opinion that placing a neon sign close to the street right of way at the intersection of two major streets would only tend to create confusion and create a traffic hazard. He stated that no one appeared in opposition to the request; that twenty-one notices were mailed, none received in favor, none in opposition, and one received in favor at the public hearing; that it was the recommendation of the Minutes • Special Council Meeting August 11, 1969 Page 8 Staff that the application be denied on the basis that ''B-5" zoning was designed for Downtown Core District; that signs alone should not be considered sufficient reason to change zoning; that the sign would be located too close to street right of way at the intersection of two major streets; and that no hardship exists; and stated that the recommendation of the Planning Commission was that the application be approved as requested. Mr, Joe Crane, 340 Barracuda, spoke on behalf of the application and pointed out on a map plans for erecting a sign, and stated that the property is 250 feet deep instead of 230; that they are proposing to down zone the land to allow the sign for this particular business, and that with "1-2'' all kinds of signs could be erected at any location on the property. He explained that the proposed sign will not obstruct the view; that the only logical place to locate it is where it is shown on the plat, and that the 25 -foot setback requirement is the only problem. He further stated that this area needs improvement and that the proposed Burger Chef Restaurant would be an asset. Mr. Sam Susser, spoke on behalf of the application, stating that he has no pecuniary interest in this project, but that this is another example of the problems businessmen encounter before establishing a business. A lengthy discussion followed between the applicant, staff and Council, relative to the problem of egress and ingress created by the busy intersection at Port and Morgan, and it was pointed out that the amount of traffic at this point was a factor taken into consideration by the applicant in selecting this site for this particular business. Motion by Bradley, seconded by Roberts and passed that the hearing be closed. Motion by Bradley that the recommendation of the Staff be concurred in and that the request be denied. The motion died for lack of a second. Motion by McDaniel, seconded by de Ases and passed, that the foregoing application be tabled for further consideration. Minutes Special Council Meeting August 11, 1969 Page 9 Mayor Blackmon announced the public hearing on Application #769-5, Mr. Wendell Barnes, for change of zoning from "R -1B" One -family Dwelling District to "R-2 Two-family Dwelling District, on Lot 18A, Block 6, Gardendale #2, located at 5419 Burton Lane. Larry Wenger located the property on the zoning and land use map, and described the zoning and land uses in the surrounding areas; stated that at the Commission hearing held July 8, 1969, the applicant appeared before the Commission and explained that the dwelling on the property is divided into two apartments, and at the time he purchased it he was told that it was a non -conforming use, and that the non -conforming use expired when Mr. Barnes rented the structure to one large family. Mr. Wenger explained that in order to improve the building, the applicant must gain income by renting both sides of the structure, which use requires "R-2" Two-family Dwelling District zoning. He stated that no one appeared in favor nor in opposition at the Commission hearing; that it was the recommendation of the Commission that the application be approved as requested, and that the Staff recommended denial on the basis that it would constitute spot zoning; encroachment into an established single-family residential area; and that allowing these types of land use changes on a piecemeal basis only adds to the problem of any re -development in this area. He stated that the Staff mailed out 24 notices, one received in favor and one in opposition. Mr. Wendell Barnes appeared on behalf of his application, and stated that he had purchased this property as a duplex, but was later informed that he could only rent it as a one -family dwelling. He stated that he could not afford to pay for the property if he is only allowed to rent to one tenant, and that inspectors are constantly checking to see that he does not rent it as a duplex. He stated that both sides of the building are identical; that it is all connected to one utility meter, but that when it was rented as one -family, a door was cut to connect the two units. Minutes Special Council Meeting August 11, 1969 Page 10 No one appeared in opposition. to the foregoing request. City Manager Townsend stated that it is his recommendation that the request be denied and that an attempt be made to show if it ever lost the character as a non conforming use. Motion by Bradley, seconded by de Ases and passed, that the hearing be closed. Motion by Roberts, seconded by Bradley 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.