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.