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HomeMy WebLinkAboutMinutes City Council - 09/22/1969 - SpecialMINUTES CITY OF CORPUS CHRISTI, TEXAS SPECIAL COUNCIL MEETING September 22, 1969 2:00 P.M. PRESENT: Mayor Jack R. Blackmon Mayor Pro Tem Gabe Lozano, Sr. Commissioners: Dick Bradley, Jr. Ed:iardo E. de Ases Ken McDaniel W. J. Roberts Ronnie Sizemore City Manager R. Marvin Townsend City Attorney I. M. Singer City Secretary T. Ray Kring • Mayor Jack R. Blackmon called the meeting to order and asked that it be noted that all members of the Council and required Charter officers were present. He stated the purpose of the Special Meeting was to hold public hearings on five zoning cases, and any other business as may properly come before the Council, and explained the procedure to be followed. Mayor Blackmon announced the public hearing on Application 0869-4, Billy J. McCombs, for change of zoning from "AB" Professional Office District to "B-4" General Business District, on a portion of Lot 1R save and except 333' x 268' out of the SW corner, King Square Addition, located at the rear of the 4600 Block of South Staples Street fronting on McArdle Road. Senior City Planner Larry Wenger located the property an the zoning and land use map and described the zoning and land uses in the surrounding area; stated that at the Commission hearing held August 22, 1969, Mr. Charles Porter, attorney representing the applicant, appeared and stated the applicant has a contract to purchase the property from W. L. Lundgren, Trustee, to be used in conjunction with his Ford Motor Company Dealership. Mr. Wenger stated that five persons appeared at the hear ing and spoke in opposition generally on the basis that the development would contribute to traffic congestion. He stated that prior to the Commission hearing the Staff mailed sixteen notices, none were received in favor and three in opposition; that the Staff's recommendation was that it be denied and that the Commission's recommendation was that the request be approved as submitted. Attorney Charles Porter spoke on behalf of the applicant and stated he also represented Charles Thomas who is a partner in the Ford Motor Company Dealership. Mr. Porter stated that the proposed business would front on South Staples, and pointed out the Padre -Staples Mall under • Minutes Special Council Meeting September 22, 1969 Page 2 construction across McArdle Road and that McArdle Road carries a large amount of traffic now and that the proposed development would not generate as much traffic as apartments; that Mr. Ed Lampp, Professional Engineer, had made a study of the traffic flow in the area and concluded that the proposed development is much more suitable for this property because it will not create as much traffic as would apartments or single-family residents; that the City's records indicate a terrific increase of traffic on McArdle since 1962; that McArdle is one of the longest and straightest streets in the City leading up to and adjoining the Padre -Staples Mall which is destined to be the major shopping center of the City, and when completed and occupied, traffic will be increased tremendously on McArdle; and that he understands that the City has plans for widening and increasing the number of lanes on McArdle. Mr. Porter presented the architect's sketch of the plot plan which showed location of proposed showroom, car storage area, automatic car wash, mobile camper -trailer display, repair and body and paint shop. He described the proposed landscaping of the parking area with egress and ingress on McArdle Road, and stated he felt this to be the highest and best use of the land. He stated that the existing residents in this area were in an unfortunate situation which is a fact of life, and that there is nothing the Council or any one can do about it. He stated that Mr. Stalter, architect was present for questioning if the Council desired, and further pointed out that the Commission had unanimously voted approval of the request. City Manager Townsend stated that McArdle is a collector type street, that projected improvements include construction of curbs and gutters, but that there are no plans to widen the street; that parks in the area were dedicated and planned with the concept of existing development and before the Padre -Staples Mall was initiated, and further stated that it is his opinion that the subject property faces on McArdle, but that this question should be resolved as it would affect the invoking of the 20 percent rule. Mr. Buddy Salvo, 201 Baycliff, owner of King Square Apartments adjoining the subject property, stated he is in favor of the requested zoning change, and that after viewing the architects' plans, he sees nothing objectional or detrimental to his apartments, and felt that it would be an improvement to the area. • Mi nutes Special Council Meeting September 22, 1969 Page 3 • Mr. Mark Kinnaird, 4902 Janet Drive, spoke in opposition, and presented a petition containing signatures of approximately 82 residents on Janet, Lenora, and Holmes Drive, who are opposed to the requested change on the basis that when they purchased their homes the area was zoned "R -1B"; that business zoning was granted for Padre -Staples Mall since that time, is located in his back yard, and that more business zoning in the area is not desirable. He stated that drainage is inadequate, traffic will definitely be congested, youngsters will make a race track out of McArdle, and that he does not feel the applicant's property is worth more than the people who now live there. Mr. Albert Campbell, 4918 Janet and Mr. C. R. Tipps, 4906 Janet, spoke in opposition, concurring with comments made by Mr. Kinnaird, stating they represent the entire neighborhood. City Manager Townsend pointed out that some of the signers on the petition are not owners of property, and that verification should be made as to whether or not they are owners or tenants. Mr. Porter stated in rebuttal that the problems complained of by the opposition are problems which already exist, such as drainage problems, traffic and racing cars. He requested action as soon as possible because of his client's commitment to purchase the land., Motion by Bradley, seconded by Roberts and passed, that the hearing be closed. Motion by Sizemore, seconded by de Ases and passed, that the foregoing application be tabled for further consideration. Mayor Blackmon announced the public hearing on Application #769-3, Drs. W. R. Hubler and L. P. Guttman, for change of zoning from "R -1B" One -family Dwelling District to "A-2" Apartment House District, on all of Lots 5 thru 7 and the North 64 feet of Lot 8, Block 1, Alta Vista Cliffs Addition, located on the East side of Ocean Drive in the 3400 Block. Larry Wenger presented the application and pointed out the location on the zoning and land use map; stated that at the Commission hearing held July 8, 1969, Dr. Hubler appeared before the Commission and stated that construction of a two-story apartment project with a basement below the street level is proposed for the subject property and that development will be in two stages. He stated that five persons spoke in opposition and no one in favor; stated that prior to the Commission hearing fifteen notices were mailed, one received in favor, four in opposition, and one received in favor beyond the 200 -foot notification zone, that it was the recommendation of the Staff that • Minutes Special Council Meeting September 22, 1969 Page 4 the request be denied on the basis that Ocean Drive should remain a scenic parkway; that increased concentration of population along this area would not be desirable; and granting of the request would tend to encourage a continuation of multiple -family units along the south side of this property, and that the Commission concurred in this recommendation. Dr. W. R. Hubler spoke on behalf of the request, and stated it was difficult for him to understand the Staff's and Commission's reasoning that the request would constitute spot zoning in view of the existing apartments in the area, the City's intention to condemn some of the area for a City park, and the fact that times have changed and that Ocean Drive is now a Freeway. He stated that this particular area is not now residential nor will it ever be. He described the proposed development; presented a plot plan showing attractive land- scaping, screening walls, swimming pool and recreation area. Dr. Hubler pointed out that Mr. Phillip Massad, owner of Lots 17 through 20, Block 14, had been very much in opposition, but that he had built his house next door to an apartment complex. He pointed out the natural boundary which would halt the continuation of apartment zoning along the south side of the property; stated he feels the requested usage is the highest and best use of the land and not suitable for single-family residences, and that the apartment complex would enhance the value of the entire area, and that all would stand to gain. He stated that the request for "A-2" zoning was made partly through ignorance, but that "A-1" would be acceptable. Mrs. J. A. Blackwell, representing herself, her son-in-law, and James W. Hipp, spoke in favor stating the proposed apartment complex would be an improvement and suitable for this area. son of the Dr. PauL Guttman,/co-applicant, spoke on behalf of the request, pointing out that in 1938 when his parents purchased and built their home, Ocean Drive was a beautiful residential drive, and that in view of the adjacent apartments which were later constructed, they were advised they were permissible, and for this reason they did not oppose the apartment development adjoining their property. He stated he feels this property and the property across the street is not suitable for residences, and could not be sold for this purpose. • 0 Minutes Special Council Meeting September 22, 1969 Page 5 Mr. Wallace Lundgren, 5121 Cape Ann, owner of the property adjacent to the subject property, stated he plans extensive remodeling of his property and has no objection to the requested zoning change. Wm. R. Anderson, Jr., attorney, spoke in opposition stating that the proposed development would create spot zoning and would decrease property values in this established residential area. He presented a petition signed by six property owners and stated this represented a 20 percent ago protest. He pointed out that two years/a similar request was submitted and later withdrawn because of strong opposition, and that Dr. and Mrs. Guttman were listed as opponents. He further pointed out that the existing apartments were constructed before we had zoning in Corpus Christi, and that the purpose of non -conforming zoning is to retain buildings until they have to be removed. He also stated that the improvements now being made to Ocean Drive were intended to make it a "monument to the City" and that it is hoped that the Council will do what can be done to preserve this and slow down traffic which will not be helped by permitting construction of more apartment houses, and requested that the Council deny this application. Dr. Philip Oetking, owner of Lot 9, Block 1; Dr. Tom Ryan, owner of Lots 8 through 10, Block 14; Mrs. Jeff Bell, owner of Lots 1 through 4, Block 14; and Mr. James D. Cable, all in Alta Vista Cliffs Addition; and Mrs. James C. Scott, representing OPUS, all spoke in opposition generally concurring with statements made by Mr. Anderson and the recommendations of the Staff and Planning Commission. City Manager Townsend reported that letters had been received from Dr. P. L. Hyder, M.D.; Dr. and Mrs. Joe Sloan; and Mrs. Max C. Kluge, president of Corpus Christi Council of Garden Clubs, all in opposition to the requested zoning change. Dr. Hubler stated that there was some confusion as to which zoning request Dr. Hyder's letter applied. He stated that it is an established fact in the history of all waterfront cities, that property located on the water ultimately changes from residential to apartment use, and stated that if zoning requests for apartments were all denied on the basis that traffic would be increased, there would be no apartments. He stated he does not feel the request constitutes spot zoning but is contiguous with the existing apartment development. • • Minutes Special Council Meeting September 22, 1969 Page 6 Motion by Sizemore, seconded by de Ases and passed, that the hearing be closed. Motion by Bradley, seconded by de Ases and passed, with Sizemore, McDaniel and Roberts voting "Aye", Lozano abstaining, that the recommendation of the Staff and Planning Commission be concurred in and that Application #769-3, Drs. W. R. Hubler and L. P. Guttman, be denied. Mayor Blackmon announced the public hearing on Application #869-1, Mr. Jimmie T. Teague, for change of zoning on Lots 11 and 12, Block 4, Woodlawn Estates. He explained that the Commission had heard this application on August 19, 1969, that no one had appeared in opposition; that thirteen notices were mailed, none received in favor nor in opposition; that the Council had reviewed the history; that it was the recommendation of the Staff and Commission that the request be approved, and called for a motion to close the hearing. Motion by Bradley, seconded by Sizemode and passed, that the hearing be closed. Motion by Sizemore, seconded by Bradley and passed, with McDaniel abstaining, that the recommendation of the Planning Commission be concurred in and that Application #869-1, Mr. Jimmie T. Teague, for change of zoning from "13-1" Neighborhood Business District to "B-4" General Business District, on Lots 11 and 12, Block 4, Woodlawn Estates, be approved as requested, and that an ordinance be brought forward effectuating the change. Mayor Blackmon announced the public hearing on Application #869-5, Mr. and Mrs. George P. Cantu, for change of zoning on Lots 1 and 2, Block 2, Eckerd Addition, and stated the request was heard by the Planning Commission August 22; that no one appeared in opposition; that twenty notices were mailed prior to the hearing, three received in favor and none in opposition; that it was the recommendation of both the Staff and Planning Commission that the application be approved as requested as an expansion of existing "B-1" zoning. He stated that the Council had reviewed the history of the request, and called for a motion to close the hearing. Motion by Sizemore, seconded by de Ases and passed, that the hearing be closed. Motion by de Ases, seconded by Lozano and passed, that the recommendation of the Planning Commission be concurred in and that Application #869-5, Mr. and Mrs. George P. Cantu, for change of zoning from "R -1B" One -family Dwelling District to "B-1" Neighborhood Business District, on Lots 1 and 2, Block 2, Eckerd Addition, located at 521 - 19th Street at the corner of • Minutes Special Council Meeting September 22, 1969 Page 7 Mary Street, be approved as requested, and that an ordinance be brought forward effectuating the change. Commissioner McDaniel departed the meeting at this time. Mayor Blackmon announced the public hearing on the appeal of T. & H. Enterprises Specie! Use 0125, from the decision of the Planning Commission under Article 25, Section 25-4, Subsection (10)of the Zoning Ordinance for a Mobile HomePark on a 2$.6 -acre portion, more or less, of land out of Lots 3, 4, 11, and 12, Section 53, Flour Bluff and Encinal Farm and Garden Tracts, fronting partially on the North side of Debra in the 2700 Block South of Glenoak Drive. Larry Wenger explained the authority under which an appeal may be made stating that the decision of the Commission is final unless appealed within 30 days subsequent to the hearing; pointed out the location of the subject property on the map and described the zoning and land uses in the surrounding area; stated that at the Commission hearing held August 19, 1969, Mr. Harold T. Hartgraves, co-owner of T & H Enterprises, appeared and stated that a mobile home park is proposed. He stated that six persons had appeared at the hearing speaking in opposition generally on the basis that it would be an encroachment into an otherwise quiet neighborhood, and that noise and increased traffic would be a nuisance. Mr. Wenger stated that prior to the hearing the Staff mailed thirty notices, none received in favor and six in opposition, and that it was the recommendation of the Planning Commission that the request, be approved subject to a plot plan to be approved by the Commission. He stated that the Staff had withheld a recommendation until the applicant submitted a site plan indicating the develop- ment of the pion. He explained that the plot plan had been resubmitted and that the Commission felt it met the conditions of the Ordinance. He stated the Staff did not concur in this recom- not mendation on the basis that they felt it was / a suitable location and that the street plan is inadequately laid out for a mobile home park. He stated the Staff felt the granting of this request would be detrimental to the surrounding area. Commissioner Bradley questioned the withholding of the Staff's recommendation until a plot pian had been submitted and subsequently recommending denial on the basis of the inadequate street plan, stating the plot plan could not change the street plan and that it did appear unjust to the applicant. • • Minutes Special Council Meeting September 22, 1969 Page 8 City Manager Townsend stated that he had asked the Staff to provide some guidelines to determine if the request met the requirements of a valid application as applied to the ordinance and that without the plot plan the application was not a valid one. Mr. Jack Edwards, 2820 Debra, spoke in opposition to the mobile home park stating that the lots along this street are 400 feet deep and that the rear 25 -foot portion was dedicated for a future street. He explained that he was concerned that he would be unable to develop the rear portion of his property with no street access. Mr. S. F. Hawley, 327 Glenoak, spoke in opposition on the basis that his property is located in the line of traffic which would continue all hours of the day and night; that the mobile homes would be rented to Navy personnel and shift workers. He stated he is speaking on behalf of Mr. James Duncan, 225 Glenoak, and that he was not notified of the hearing and did not have an opportunity to submit an objection in writing, Mr. Wendell Keetchspoke in opposition for the same reasons as stated by Mr. Wenger as to inadequate streets, not a proper location for a mobile home park and that there are other available areas in Flour Bluff which are more suitable locations_. Mr. James Duncan, Mr. A. L. Pharis, Mr. Waller S. Baker, Mr. Alex Hacker, and Mr. Alvin Golie all spoke in opposition concurring in the foregoing objections. They stated they were not aware that objections should be made in writing. Mayor Blackmon requested that all those present who have not made their objections in writing to sign a statement indicating their disapproval. Mr. Harold T. Hartgraves, co-owner of T & H Enterprises, spoke on behalf of the mobile home development and stated he felt they were an asset to the community and cited as examples mobile homes in California and other cities. He stated he feels there is a definite need for the proposed development in this area. He described the plan dnd stated the entrance for the first unit would be on Glenook Drive; that it would be a modern mobile home park, complete with curbs and gutters and concrete drives, and that it would conform with FHA regulations. He stated that the northwest portion of the tract would be developed first, and that there is ultimately planned to have 67 trailer spaces in the 28.6 -acre tract. • '0 • • Minutes Special Council Meeting September 22, 1969 Page 9 Motion by Sizemore, seconded by de Ases and passed, that the hearing be closed. Motion by Roberts, seconded by Sizemore and passed, that the foregoing matter be tabled for further consideration. Mayor Blackmon appointed with concurrence of the Council, Commissioners Bradley and Roberts to serve on a committee to determine and fix responsibility and Leadership for adequate fire protection for the Navigation District area. There being no further business to come before the Council, the meeting was adjourned.