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
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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
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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
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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.
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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.
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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
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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
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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
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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.
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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.