HomeMy WebLinkAboutMinutes City Council - 10/27/1969 - SpecialMINUTES
CITY OF CORPUS CHRISTI, TEXAS
SPECIAL COUNCIL MEETING
October 27, 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
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 stated the purpose of the
Special Meeting was to hold public hearings on six zoning applications and other business as
may properly come before the Council. He explained the procedure to be followed.
Mayor Blackmon announced the public hearing on Application 1969-7, Peerman
Corporation, for change of zoning from "R -1A" One -family Dwelling District to "A-1"
Apartment House District, on a 2.259 -acre portion of Lot 6, Section 29, Flour Bluff and
Encinal Farm and Garden Tracts extending 150 feet east of Carriage Park Town Houses,
located in the 7200 Block of McArdle Road.
Senior City Planner Larry Wenger located the property on the land use and zoning
map and described the zoning and land uses in the surrounding area; stated that at the Com-
mission hearing held September 30, 1969, Mr. Frank Peerman, representing Peerman Corpora-
tion, appeared on behalf of the request and stated that their reasons for expansion were that
the existing row of townhouses on the east side would face a tall fence, which would be
undesirable, and that traffic access to the townhouse units on either end of the existing project
would also be a problem; that the proposed expansion would provide a third accessway onto
McArdle Road and four additional buildings would be constructed with a total of 21 units.
Mr. Wenger stated that no one appeared in opposition; that prior to the Commission hearing
the Staff mailed out 47 notices, thirteen were received in favor, none in opposition, and one
received in favor on October 1; that it was the recommendation of the Staff that the request
for "A-1" zoning be denied, but in lieu thereof a Special Permit be granted on the basis that
this is a logical expansion of the existing Carriage Park Townhouse project since the proposed
structures will back up to the undeveloped tract to the East rather than face it as the existing
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Minutes
Special Council Meeting
October 27, 1969
Page 2
row of structures do immediately adjacent to the subject property, and that the Planning
Commission recommended that the request be denied, but in lies thereof a Special Permit
be granted for townhouses according to the plot plan submitted to the Commission.
Mr. Frank Peerman was present relative to the foregoing application.
No one appeared in opposition.
Motion by Bradley, seconded by Roberts and passed, that the hearing be closed.
Motion by Roberts, seconded by McDaniel and passed, that the recommendation of
the Planning Commission be concurred in and that Application #969-7, Peerman Corporation,
for change of zoning from "R -1A" One -family Dwelling District to "A-1" Apartment House
District, on a 2.259 -acre portion of Lot 6, Section 29, Flour Bluff and Encina) Farm and
Garden Tracts extending 150'east of Carriage Park Town Houses, located in the 7200 Block
of McArdle Road, be denied, but in lieu thereof, a Special Permit be granted for townhouses
according to the plot plan submitted to the Commission, and that an ordinance be brought
forward effectuating the Special Permit.
Mayor Blackmon announced the public hearing on Application #969-8, C. V. Guzman,
for change of zoning from "R -1B" One -family Dwelling District to "B-1" Neighborhood Business
District, on all of Lot 2A, Ava Cooper Subdivision, located in the 4300 Block of Kostoryz Road.
Larry Wenger located the property on the land use and zoning map and described the
zoning and land uses in the surrounding area; stated that at the Commission hearing held
September 30, 1969, Mr, Guzman, applicant, appeared before the Commission and stated that
a bakery, barber shop, and food -to -go establishment are proposed for this property, and that
it was his opinion that these uses would be an asset to the neighborhood, as there are retail
businesses located in the area already, and that there will be three 20' by 70' units with
parking facing Kostoryz Road. Mr. Wenger stated there was no opposition to the request at
the hearing; that prior to the hearing the Staff mailed out nine notices, one received in favor
and none in opposition; that it was the recommendation of the Staff that the request be approved
as a logical extension of the existing "8-1" zoning in the area; and that the Commission
concurred in this recommendation.
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Minutes
Special Council Meeting
October 27, 1969
Page 3
No one appeared in opposition to the foregoing application.
Motion by Sizemore, seconded by Roberts and passed that the hearing be closed.
Motion by de Ases, seconded by Bradley and passed, with Commissioner Lozano
disqualifying himself, that the recommendation of the Planning Commission be concurred in
and that Application #969-8, C. V. Guzman, for change of zoning from "R-18" One -family
Dwelling District to "8-1" Neighborhood Business District, on all of Lot 2A, Ave Cooper Sub-
division, located in the 4300 Block of Kostoryz Road, be approved as requested.
Mayor Blackmon announced the public hearing on Application #969-9, W. H. Hammonds,
for change of zoning from "R -1B" One -family Dwelling District to "A-1" Apartment House
District, on a 3.64 -acre portion of Lot 4 of the Wilkey Partition, located in the 5900 Block of
WilIiams Drive.
Larry Wenger located the property on the land use and zoning map and described the
zoning and land uses in the surrounding area; stated that at the Planning Commission hearing held
September 30, 1969, Mr. Hammonds, applicant and owner of the property, appeared and stated
that an apartment project is proposed which will be developed in stages, and that the first phase
of construction will start within the next few days on the portion fronting on Airline Road.
Mr. Wenger stated that no one appeared at the hearing in opposition to the request; that the
Staff mailed seven notices prior to the hearing, one received in favor and none in opposition;
that it was the recommendation of the Staff that the application be approved on the basis that it
is a logical extension of "A-1" zoning since there is already apartment zoning to the East and
West of the tract, and that the Commission concurred in this recommendation.
No one appeared in opposition to the foregoing application.
Motion by Bradley, seconded by Roberts and passed, that the hearing be closed.
Motion by McDaniel, seconded by Roberts and passed, that the recommendation of the
Planning Commission be concurred in and that Application #969-9, W. H. Hammonds, for change
of zoning from "R -1B" One -family Dwelling District to "A-1" Apartment House District, on a
3.64 -acre portion of Lot 4 of the Wilkey Partition, located in the 5900 Block of Williams Drive,
be approved as requested, and that an ordinance be brought forward effectuating the change.
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Minutes
Special Council Meeting
October 27, 1969
Page 4
Mayor Blackmon announced the public hearing on Application #969-10, Whataburger
No. 2, lnc., for change of zoning from "B-1" Neighborhood Business District to "B-4" General
Business District, on the Southeasterly portion of Lot A, Kostoryz and Gollihar Shopping Center,
having a frontage of 120' on the North side of the 3200 Block of Gollihar Road.
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
September 30, 1969, Mr. Sam Main, representing Whataburgers, Inc., appeared and explained
that their present location which is adjacent to the Gulf Service Station at the intersection of
Kostoryz and Gollihar, is too small to accommodate their volume of business, that heavy traffic
congestion has become a serious problem, and that "B-4" has been requested to accommodate their
standard Whataburger sign on top of the building. Mr. Wenger stated that two other persons spoke
in favor of the request and four in opposition, basically for the reason they felt the change would
generate more traffic and permit numerous other types of development which would be undesirable
and detrimental to the neighborhood. Mr. Wenger stated that prior to the Commission hearing
the Staff mailed twenty-three notices, two received in favor, two in opposition, and three
received in opposition at the public hearing; that it was the recommendation of the Staff that
the request be denied on the basis that "B-1" is adequate for this use, sign requests alone should
not be considered sufficient reason to change the zoning, and that the change would have an
adverse effect on residential properties backing up to this tract because of lights and noise, and
would add to further deterioration of the houses across Gollihar Road. He stated that the Planning
Commission's recommendation was that it be approved as requested.
Mr. Sam Main, 922 Carmel Parkway, spoke on behalf of Whataburgers, Inc., and stated
they do not have enough parking space at their present location and that this is a situation.
which has existed for years; stated that they propose to construct a new building on the back
of the lot of the same type as the one located on Everhart Road across from Autotown, and that
they are not asking for additional signs but one sign the same size as the one in use which is a
48 square foot sign to be located on the front of the building, and that he had promised the
Planning Commission that there would be no blinker sign. He stated that some of those who had
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Minutes
Special Council Meeting
October 27, 1969
Page 5
opposed the request at the Commission have since orally withdrawn their opposition, stating
they did not thoroughly understand the proposal at that time. He stated they could operate under
the present zoning, but that they feel they need the sign to coincide with other Whataburger
operations; that the new location will help the traffic situation in the whole area; that they
had discussed with the H.E.B. Grocery Company about additional space where they are now,
but it would have been too close to the corner, and that it would not be feasible to locate in
the middle of the block.
Mayor Blackmon explained that the opposition which had been filed in writing would
have to be recognized, and that in this case, the 20 percent rule is in effect.
Mr. Ralph Hall, representing the H.E. Butt Grocery, spoke in favor of the request and
confirmed the statement of Mr, Main that following discussions with the opposition, the questions
had been resolved to their satisfaction. He further stated that the H. E. Butt Grocery Company
would have control of the orderliness of the Whataburger operation on the premises.
No one appeared in opposition to the foregoing application.
Motion by Sizemore, seconded by Bradley and passed, that the hearing be closed.
Motion by Bradley, seconded by Roberts, that the recommendation of the Planning
Commission be concurred in and that Application /969-10, Whotaburger No. 2, Inc., be
approved as requested, and that the condition that there be no blinker sign be incorporated
into the ordinance.
Motion by Sizemore, seconded by de Ases and passed, that the foregoing application
be tabled for further consideration of conditions.
Mayor Blackmon announced the public hearing on Application /969-11, Lubco, Inc.,
for change of zoning from "13-4" General Business District to "B-5" Primary Business District,
on Lot 9, Block 1, Lexington Subdivision, located in the 2500 Block of Padre Island Drive.
Larry Wenger presented the request; pointed out the location 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 September 30, 1969, Mr. Bill Lowe, representing Lubco, Inc., stated that the
applicants are requesting "B-4" zoning in order to construct an outdoor billboard sign,approxi-
mately 38' x 11' erected near the intersection of Padre Island Drive and Ayers Street immediately
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Minutes
Special Council Meeting
October 27, 1969
Page 6
east of the Old Ice Plant. Mr. Wenger stated that two other persons spoke in favor of the
request stating that this would be an excellent location for the sign which would beattracfive
and of high quality construction, and that business should be encouraged in Corpus Christi
by allowing this type of advertisement. He stated that prior to the Commission hearing
the Staff mailed six notices, none received in favor nor in opposition; that it was the
recommendation of theStaff that the request be denied on the basis that it would constitute
spot zoning; that "B-5" zoning is designed for the Central City Area and is not to be used
for outdoor advertising in outlying areas; and that sign requests alone should not be considered
sufficient reason to change the zoning; and that the recommendation of the Planning Commission
was that the request be denied, but in lieu thereof, a Special Permit be granted for a sign subject
to the plot plan submitted to the Commission.
Mr. Bill Lowe, representing Lubco, Inc., stated that the sign is needed to advertise
Luby Cafeterias at 321V South Alameda Street and the one now under construction at the
Padre -Staples Mall, and that they feel this sign will attract more people at these locations.
He stated that a Special Permit would be acceptable,
Mr. John Thomason, realtor from whom Lubap, Inc., purchased the lot, spoke in favor
of the request, stating that this would be an ideal location for the sign and will be of high
quality construction. He stated that he was not aware of the fact that a sign must be located
on the premises of the business which is being advertised,and that Lubco Inc. had purchased
the lot without knowledge that the sign would not be allowed. Mr. Thomason stated that he
feels a sign, such as is proposed in good taste, would be an improvement to the neighborhood;
pointed out the existing garages, taverns and the Old Ice Plant, which add to the unattractive-
ness of the area. He stated that Lubys' is one of our finest citizens and that we should grant
this request acpording to the plot plan submitted.
No one appeared in opposition to the foregoing request.
Motion by Sizemore, seconded by Roberts and passed, that the hearing be closed.
Motion by Sizemore, seconded by Roberts that the recommendation of the Planning
Commission be concurred in and that the foregoing application be denied, but in lieu thereof
a Special Permit be granted for a sign subject to the plot plan submitted to the Commission.
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Minutes
Special Council Meeting
October 27, 1969
Page 7
Motion by McDaniel, seconded by Bradley and passed, that the foregoing Application
#969-11, Lubco, Inc., be tabled for further consideration in view of the fact that past decisions
of the Council, particularly in this area, would not be consistent with a decision to grant a
Special Permit for the requested sign, and that the policy should be reviewed.
Mayor Blackmon announced the public hearing on Application #969-12, Coastal Bend
Enterprises, Inc., for change of zoning from "R -1B" One -family Dwelling District to "A-1"
Apartment House District, on Lot 5, Block 2, Cabaniss Acres, located in the 2100 Block of
Frederick. Street.
Larry Wenger located the property on the land use and zoning map and described the
zoning and land uses in the surrounding area; stated that at the Commission hearing held
September 30, 1969, Mr. Jim Pries, owner of Coastal Bend Enterprises, spoke on behalf of
the application, stating thpt the request is being made in order to fully utilize the property,
and that he proposed to remodel the existing apartments and convert the garage into a two -unit
efficiency apartment. Mr. Wenger stated one person spoke in opposition; that prior to the
Commission hearing the Staff mailed ten notices, none were received in favor and four in
opposition; that it was the recommendation of the Staff that the application be denied on the
basis that it would constitute spot zoning; and would be an encrodbhment into an established
one -family dwelling district; that the `recommendation of the Planning Commission was that it
be denied.
Mayor Blackmon read a letter addressed to the Mayor and Council, signed by the
Mr. James R. Pries,
applicaht.,/which described the construction plans for remodeling the existing buildings;
pointed out the demand for low rent housing in this area; and maintenance intentions. The
letter stated that the request is to have seven apartments on a lot which is 100 x 190 feet
which will have adequate off-street parking, and that the plan is not for the purpose of
developing an apartment complex which would cause congestion of traffic and schools.
City Manager Townsend stated that a letter had been received from Mr. Danny Hinojosa,
2224 Frederick, in favor of the application, and that letters had been received from Mrs. Emma
Neisig, 2122 Frederick, and Mrs. Guadalupe Avalos, 2106 Frederick, in opposition.
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Minutes
Special Council Meeting
October 27, 1969
Page 8
Mr. Pries spoke in favor of the request and stated that the property as it stands now
should be fully developed in order that it can be brought up to date and put in good condition
economically. He stated a Special Council Permit would be satisfactory.
Others peesent and speaking in opposition were: Mr. and Mrs. A. O. Pullin, 2045
Frederick; Mrs. W. R. Nulph, 2114 Frederick; Mr. Ricardo Mendiola, 2102 Frederick; and
Mr. Sergio Gonzales, 2110 Frederick.
Motion by de Ases, seconded by Sizemore and passed, that the hearing be closed.
Motion by de Ases, seconded by Roberts and passed, with Sizemore abstaining, that
the recommendation of the Planning Commission be concurred in and that Application #969-12,
Coastal Bend Enterprises, Inc., for change of zoning from "R -1B" One -family Dwelling District
to "A-1" Apartment House District, on Lot 5, Block 2, Cabaniss Acres, located in the 2100
Block of Frederick,Street, be denied.
City Manager Townsend made a report to the Council of a $500,000 anonymous donation
having been made to the Corpus Christi Museum, and that the only condition attached to the
donation was assurance that a site be provided, and that the building would be built and
furnished. Mr. Townsend stated that the Museum Board needs assurance that space will be
provided in the Bayfront Science Park for a second building. He stated it is estimated that
approximately $150,000sviLI be needed to furnish the building after it is completed, and that
this amount would probably be raised through private funds.
The Council unanimously and over-whelmingly accepted the donation of $500,000
with assurance that the conditions would be met.
There being no further business to come before the Council, the meeting was adjourned.