HomeMy WebLinkAboutMinutes City Council - 12/22/1969PRESENT:
Mayor Jack R. Blackmon
Commissioners:
Dick Bradley, Jr.
Eduardo E. de Ases
Ken McDaniel
W. J. Roberts
MINUTES
CITY OF CORPUS CHRISTI, TEXAS
REGULAR COUNCIL MEETING
December 22, 1969
2:00 P.M.
City Manager R. Marvin Townsend
City Attorney I. M. Singer
City Secretary T. Ray Kring
Mayor Jack R. Blackmon called the meeting to order.
The Invocation was given by Commissioner Roberts in the absence of the invited Guest
Chaplain.
City Secretary T. Ray Kring called the roll of those in attendance.
Motion by Roberts, seconded by de Ases and passed, that the absence of Commissioner
Sizemore and Mayor Pro Tem Lozano be excused for just cause.
The Minutes of the Regular Council Meeting of December 10, 1969, were approved as
submitted to the Council.
Mayor Blackmon announced the public hearing on Application #1069-5, Duaine and
Associates, Inc., for change of zoning from "R-2" Two-family Dwelling District to "AB" Pro-
fessional Office District, on the West 66 feet of Lots 9 and 10, Block 8, Bayview Addition No. 2,
located on the Northeast corner of 14th and Craig Streets. He explained that he, at one time,
had had a personal interest in the subject property, and would preside at the hearing, but would
not participate in the consideration or final decision of the case.
Senior City Planner Larry Wenger presented the application; located the property on the
zoning and land use map and described the zoning and land uses in the surrounding territory;
stated that at the Commission hearing held October 28, 1969, the Staff had presented the applicant's
letter of request which stated that the proposed development was for an Engineering Office building.
Mr. Wenger stated that no one appeared in favor nor in opposition; that the Staff mailed out 19
notices, two received in favor and none in opposition; that it was the recommendation of the
Commission that the request be denied, but in lieu thereof a Special Permit be granted for an
Engineering Office subject to a plot plan showing the required parking spaces to be approved
by the Commission; that the plot plat was submitted and approved by the Commission at a
subsequent meeting on November 11, 1969. He stated the Staff's recommendation
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Minutes
Regular Council Meeting
December 22, 1969
Page 2
was to grant all the area advertised and suggested that a study be initiated in order to determine
in detail if zoning of other properties in this area should be changed so that piece -by -piece
applications may be avoided.
Mr. Carl Duaine spoke in support of the application and stated he had purchased the
property after having been advised by the Zoning Staff that there appeared to be no reason why
it would not be re -zoned for "AB" use. He stated the Special Use Permit as recommended by the
Planning Commission is not acceptable, and that his request is still for "AB" Professional Office
District zoning.
No one appeared in opposition to the foregoing application.
Motion by Bradley, seconded by Roberts and passed, with Blackmon abstaining, that
Application #1069-5, Duaine and Associates, Inc., for change of zoning from "R-2" Two-
family Dwelling District to "AB" Professional Office District, on the West 66 feet of Lots 9
and 10, Block 8, Bayview Addition No. 2, located on the Northeast corner of 14th and Craig
Streets, be granted as requested, and that an ordinance be brought forward effectuating the
change.
Mayor Blackmon announced the public hearing on Application #1169-2, Longhorn
Donuts, Inc., (Dunkin' Donuts, Inc.), for change of zoning from "B-1" Neighborhood Business
District to "B-4" General Business District, on Lots 7 and 8, Block 2, Avalon Place, located at
4200 South Alameda Street.
Larry Wenger located the property on the zoning and land use map and described the
zoning and land uses in the area; stated that at the Commission hearing held November 11, 1969,
Mr. Robert Wilkinson, representing Dunkin' Donuts, presented a photograph of the proposed
building and sign and stated there will be no flashing or blinking signs; that the plot plan complies
with the 25 -foot setback requirement; and that the building would be used for operation of
Dunkin' Donuts restaurant. Mr. Wenger stated that no one appeared in opposition to the request;
that the Staff mailed thirteen notices, five were received in favor and none in opposition; that it
was the recommendation of the Planning Commission that the application be approved as requested,
and that the Stoff concurred in this recommendation.
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Minutes
Regular Council Meeting
December 22, 1969
Page 3
No one appeared in favor or in opposition to the foregoing application.
Motion by Bradley, seconded by de Ases and passed, that the hearing be closed.
Motion by Bradley, seconded by de Ases and passed, that the recommendation of the
Planning Commission be concurred in and that Application #1169-2, Longhorn Donuts, Inc.
(Dunkin' Donuts, Inc.), for change of zoning from "B-1" Neighborhood Business District to
"B-4" General Business District, on Lots 7 and 8, Block 2, Avalon Place, located at 4200 South
Alameda Street, be approved asrequested, and that an ordinance be brought forward effectuating
the change.
Mayor Blackmon announced the public hearing on Application #1169-3, Joe D. Moore,
for change of zoning from "R -1B" One -family Dwelling District to "A-1" Apartment House
District, on an 8.5 -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.
Larry Wenger presented the application; located the property on the map, and described
the zoning and land uses in the surrounding area; stated that at the Commission hearing held
November 11, 1969, Mr. Joe Moore, applicant, appeared and explained that this tract will
be developed as Phase III of the French Quarter Apartments, pointing out that Corpus Christi is
a "major boom town" which is rapidly growing, and that apartments are the major housing trend
at the present time. Mr. Wenger explained that this 8.5 -acre tract was included in an application
by Mr. Moore in July 1969, but the Northwest 125' x 325' of this tract had been deleted from
this application. He stated there was considerable opposition at the Commission hearing repre-
sented by Mr. Tom McDowell, attorney, and Mr. Robert Holsclaw, President of SPIKE (an
organization formed by the residents living in the area bounded by Saratoga Boulevard, Padre
Island Drive, Kostoryz Road, and Everhart Road), generally on the basis that the increased popula-
tion density would overcrowd the land. He stated a membership list of SPIKE in the form of a
Petition of opposition with approximately 650 signatures of property owners had been presented;
also resolutions in opposition from Parent Teacher Associations of Yeager, Sanders, Kostoryz,
and Tom Browne Schools; that one other person appeared in favor and eleven persons appeared
and spoke in opposition; that prior to the hearing the Staff mailed thirteen notices, one received
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Minutes
Regular Council Meeting
December 22, 1969
Page 4
in favor, seven in opposition plus four letters received from outside the 200 -foot area; that it
was the recommendation of the Planning Commission that the application be approved as
requested, and that the Staff recommended that it be tabled pending the preparation and
consideration by the Commission of a detailed land use plan for this area.
Mr. Joe D. Moore spoke on behalf of the request and described his intention to develop
this tract as Phase III of the French Quarter, the first of which has been completed. Mr. Moore
stated that the statement that Corpus Christi is a "major boom town" was taken from the current
issue of Chamber of Commerce publication which stated that the City would double its size
within the next ten years, and that housing must be provided; that the subject area is a logical
apartment area, and that his completed apartments are rapidly filling up. Mr. Moore pointed
out that since World War II, 75 percent of residential construction had been apartments; stated
that the development he is proposing will not overcrowd the schools, streets, utilities, or decrease
the property values; pointed out that his tenants are high type tenants; which would upgrade the
neighborhood; are usually working couples with fewer children which would mean about one-
half as many school children in the school system. He cited as an example that Phase One,
which has 102 units has only 20 school children; stated that he had consulted with the City
Engineering Department and had been advised that there are adequate utilities to serve this
development; that so far as the traffic is concerned, cars from the apartments will only drive in
front of the complex; that Weber Road is planned to be a six -lane thoroughfare, and Holly Road
will be widened to a four -land street, both of which will more than adequately accommodate the
additional traffic. He stated the project will mean additional tax revenue for the City, more
than one and one-half times as many taxes as that of single-family homes; that the Planning
Commission had approved it, and that he hoped the City would concur in their recommendation.
Mr. Jack Ryan, developer, spoke in favor of the application, pointing out the demand
for apartments as a modern trend; stated that the traffic can easily be handled since Carroll Lane
has been opened all the way to Holly Road; that the drainage problem has been corrected; that
it is a logical location so far as schools are concerned; and stated that those who are opposing
this request are also opposed to all apartment development, and stated that, "with all respect
to SPIKE", a City cannot progress with this kind of opposition; that no City can remain the same
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Minutes
Regular Council Meeting
December 22, 1969
Page 5
without change; that he lived next door to an apartment complex for fifteen years and has not
found it objectionable; that he feels everything is consistent with the request, and would
appreciate the Council's approval.
City Manager Townsend questioned Mr. Moore as to why he felt the development would
face on Montego Street, and Mr. Moore stated that the plans had been made so that the apart-
ments would face the other apartments; that he had checked with the Legal Department with
regard to the 20 percent rule, and that the Planning Staff had concurred that the apartments
logically face on Montego. He further stated that he has completed 102 units of the French
Quarter, has 160 more under construction and could add about 245 additional ones if the
requested zoning is granted.
Mr. Robert Holsclaw, spoke in opposition, stating he hoped SPIKE would not get a
reputation of being against everything, but that the residents in this area feel they have a
very real problem; stated they feel there is no need for this apartment complex, and in his
opinion, it would be in violation of the Zoning Ordinance and not in accordance with the
Harlan and Bartholomew Plan, by creating an undue increase in population density. He stated
that the residents in this area have personal investments of over four million dollars; that they
pay taxes and represent the "silent majority." Mr. Holsclaw presented a map of the area and
pointed out the industrial, business, single-family, and apartment uses, stating that there
would be up to 950 apartment units along Weber Road between South Padre Island Drive and
Saratoga Road, with "A-2" zoning, which would mean that approximately 2,000 apartment
units could be developed in this same area. He presented figures from a chart showing that
there would be a potential problem in the school system; that there would be approximately
5,000 students compared to 1,000 if single family residences were constructed; that if the
apartments are successful and occupied, the overcrowding of streets, schools and utilities
will definitely be a problem, and if they are not successful or occupied, then they will become
blighted
areas or what other cities call "ghettos."
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Minutes
Regular Council Meeting
December 22, 1969
Page 6
Mr. Burt Derrick, 3922 Kingston, spoke in opposition, pointing out the number of
schools and churches now in the area, and the congestion of traffic and overcrowding of
schools this development would generate; stated that he had opposed the former application,
and stated that the deletion by the applicant of the northwestern portion of this tract from the
application was obviously done so that the 20% rule would not affect the request; that the
widening of Weber Road would only generate more traffic, and that Holly Road is not in the
plans to be widened. He further pointed out that the higher population density usually
increases the crime rate, and that he feels this application should be considered from the stand-
point of good planning.
Mr. Tom McDowell, attorney,member of and representing SPIKE, asked the Council to
view the evidence which has been presented from a legal standpoint as it relates to public health
and the morals of the community; stated that experts in this field have not been heard from as to
the use of this particular piece of land; that the potential increase in population density will
definitely affect the schools and traffic congestion. He contradicted the statement made by the
applicant that he had a high type of tenants, and cited recent arrests for drug use and burglary
which was masterminded in this area. He stated that SPIKE is not specifically opposed to apart-
ments, townhouses, or condominiums, but is opposed to undue concentration and the potential
increase in population of an already overcrowded area. He pointed out that it is the declared
purpose of zoning to avoid undue concentration of population and overcrowding of land, and
requested that this application be denied, or tabled pending a completion of a land use study of
the general area being made by the Planning Staff.
Mr. Holsclaw presented the Council with a copy of the by-laws of SPIKE and read the
organization's resolution in opposition to the proposed zoning change.
Mr. Moore, speaking in rebuttal, stated that with regard to the statement of Mr. Holsclaw
in connection with tax revenue, that apartment complexes will bring in one and one-half more
taxes as would single family dwellings, and that these taxes will be used to maintain the streets
andto build schools. He stated that as to the traffic situation, he quoted from the National Home
Builders Association publication, which states that apartment dwellers generate less traffic because
they usually drive only to and from work as compared to the two -car families of single family
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Minutes
Regular Council Meeting
December 22, 1969
Page 7
homes who are home all day making many more trips per day. He further stated that usually
where there are apartment complexes, shopping centers are built which automatically increases
property values in the neighborhood.
Mayor Blackmon asked those in the audience who wished to be recorded in opposition to
so indicate by raising their hands, and approximately 55 persons responded.
Motion by Roberts, seconded by Bradley and passed, that the hearing be closed.
Motion by de Ases, seconded by Bradley and passed, that action on the foregoing appli-
cation be tabled.
City Manager Townsend stated that a preliminary report of the land use study should be
completed within the next 30 days.
Following a brief recess, Mayor Blackmon announced the public hearing on Application
11169-4, H. C. Bal I„ for change of zoning from "R -1B" One -family Dwelling District to "1-2"
Light Industrial District, on a triangular portion of Lot 2, Baldwin Moore Farm Lots, located in
the 1000 Block of South Padre Island Drive, approximately 2.7 -acres bounded by South Padre
Island Drive, Bush Avenue and West Point Road.
Larry Wenger located the property on the map and described the zoning and land uses
in the surrounding area; stated that at the Commission hearing held November 11, 1969, the
applicant appeared and stated that he proposes to establish a business for parts and service to
support sales of material -handling equipment, and that he is requesting "1-2" zoning because
"B-4" would not be adequate for his type of business and that he felt it would be a handicap to
him. Mr. Wenger stated that one person appeared at the hearing and spoke in favor of the
application and that no one appeared in opposition; that prior to the Commission hearing the
Staff mailed thirteen notices, three received in favor and one in opposition; that it was the
recommendation of the Staff that the request be denied, but in lieu "B-4" General Business
District be granted; and that the Commission recommended that it be approved as requested.
Mr. Wenger explained that it was the opinion of the Staff that because of the triangular shape of
the tract, it would be somewhat of a problem to develop for residential use, but that they did not
feel it should be zoned "1-2", because there would be no assurance that there would not be other
uses than applied for.
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Minutes
Regular Council Meeting
December 22, 1965
Page 8
City Manager Townsend pointed out that the subject property is located immediately
adjacent to an area which is included in the Code Enforcement Program, and that the City
has certified to HUD that the area across Bush Street will be residential.
Mr. Clyde E. Cribley, 13629 Cactus, spoke on behalf of the applicant and explained
the proposed use of the property as presented by Mr. Wenger; stated that the entrance will be
on Bush Avenue; stated that they felt traffic would not be a problem because they make service
calls to customers rather than having them come to him. He stated that there will be no smoke
or odors; that the operation will be similar to that of the B. D. Holt operation only on a smaller
scale; pointed out other similar industrial uses in the area, and that the area is too small to be
developed for a shopping center or divided for residential uses. He further pointed out that
when Padre Island Expressway is completed, Bush Avenue will become a deadend street because
of the overpass which will be constructed at this point.
Mr. Cribley was questioned as to whether or not there will be outdoor storage, and
Mr. Cribley stated that some storage will be outside, but that the maintenance will be within
the facility; and that it is not a manufacturing operation but assembling or prefabricating; and
that the facility will cover only a small portion of the tract.
Mrs. Myrtle Pickett, 518 Dixon Street, spoke in fano- of the request stating that the
request is consistent with the "1-2" Light Industrial District zoning from Old Brownsville Road
to Ayers Street, and that this same trend in zoning exists all along Padre Island Drive. Mrs.
Pickett pointed out that the homes in the HUD program, will not be expensive, and that the
type of business proposed by the applicant will bring employment to the residents in the Code
Enforcement Program area. She further stated that the applicant has chosen to locate the
proposed operation in the corner of the tract so as not to cause a traffic problem, and that the
access will be on West Point Road, leaving the front of the tract for a higher type of development.
Motion by de Ases, seconded by Bradley and passed, that the hearing be closed.
Motion by Bradley, seconded by de Ases and passed, that the foregoing application
be tabled.
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Minutes
Regular Council Meeting
December 22, 1969
Page 9
Motion by Bradley, seconded by de Ases and passed, that the City Manager's Reports,
as presented, be accepted, and that the requests and recommendations be granted and approved
as fol lbws:
a. That the date of January 14, 1970, at 2 p.m. be set for a pklic hearing for the
closing of an alley located parallel to Staples Street between Booty and Elizabeth, requested
by the abutting property owners, Knolle Jersey Milk Products and Roy Conyers;
b. That C.. M. Reyno,♦ds, retiring as Public Works Coordinator, be retained on a
contract basis as coordinator at $5.00 per hour for approximately 320 hours during 1970, duties
to consist of training his replacement, assist with tie monthly contract payment approvals and
progress reporting, and to be available for sick leave and vacation relief;
c. That eminent domain proceedings to condemn 896 sgisare feet of land from Mr. and
Mrs. Edwin Schroeder, described as being the East 10.33 feet of Lot 8, Block A, Diaz Addition
and Lot 7, Block A, Diaz Addition, from the Isabel Gonzalez Estote,for the extension of
Josephine Street, Lake Street to Winnebago Street, be authorized.
ORDINANCE NO. 9583
AUTHORIZING EMINENT DOMAIN PROCEEDINGS BY THE CITY OF CORPUS CHRISTI TO
CONDEMN FEE TITLE TO CERTAIN PARCEL OR TRACT OF LAND LOCATED IN NUECES '
COUNTY, TEXAS; DESCRIBING SAID PROPERTY, IDENTIFYING THE RECORD TITLE OWNERS,
SAID CONDEMNATION BEING NECESSARY FOR THE EXTENSION OF JOSEPHINE STREET TO
WINNEBAGO STREET, AND FOR OTHER MUNICIPAL PURPOSES, BEING PROJECT NO. 220-
64-64; DIRECTING THE CITY ATTORNEY TO INSTITUTE CONDEMNATION PROCEEDINGS
AGAINST THE OWNERS, EDWIN SCHROEDER AND WIFE, MILDRED A. SCHROEDER; AND
DECLARING AN EMERGENCY.
The Charter Rule was suspended and the foregoing ordinance was passed by the following
vote: Blackmon, Bradley, de Ases, McDaniel, and Roberts, present and voting "Aye"; Lozano
and Sizemore were absent.
ORDINANCE NO. 9584
AUTHORIZING EMINENT DOMAIN PROCEEDINGS BY THE CITY OF CORPUS CHRISTI TO
CONDEMN FEE TITLE TO CERTAIN PARCEL OR TRACT OF LAND LOCATED IN NUECES
COUNTY, TEXAS; DESCRIBING SAID PROPERTY, IDENTIFYING THE RECORD TITLE OWNERS,
SAID CONDEMNATION BEING :NECESSARY FOR THE EXTENSION OF JOSEPHINE STREET TO
WINNEBAGO STREET, AND FOR OTHER MUNICIPAL PURPOSES, BEING PROJECT NO. 220-
64-64; DIRECTING THE CITY ATTORNEY TO INSTITUTE CONDEMNATION PROCEEDINGS
AGAINST THE OWNERS, THE ESTATE OF ISABEL M. GONZALES, DECEASED; AND DECLARING
AN EMERGENCY.
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Minutes
Regular Council Meeting
December 22, 1969
Page 10
The Charter Rule was suspended and the foregoing ordinance was passed by the following
vote: Blackmon,. Bradley, de Ases, McDaniel, and Roberts, present and voting "Aye"; Lozano
and Sizemore were absent.
ORDINANCE NO. 9585
AMENDING THE ZONING ORDINANCE OF THE CITY OF CORPUS CHRISTI ADOPTED ON THE
27TH DAY OF AUGUST, 1937, APPEARING OF RECORD IN VOLUME 9, PAGES 565, ET SEQ,
OF THE ORDINANCE AND RESOLUTION RECORDS, AS AMENDED FROM TIME TO TIME AND
PARTICULARLY AS AMENDED BY ORDINANCE NO. 6106, AS AMENDED, UPON APPLICATION
OF THE PLANNING COMMISSION OF THE CITY OF CORPUS CHRISTI BY AMENDING THE
ZONING MAP BY CHANGING THE ZONING ON ALL OF LOTS 2, 3, AND 4, THE SOUTH
ONE-HALF OF LOT 5, AND ALL . OF LOTS 10, 11, AND 12, SUNNYSIDE STRIP ADDITION,
LOCATED ON THE SOUTH SIDE OF THE 700 AND 800 BLOCKS OF EVERHART ROAD,
SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "R -1B"
ONE FAMILY DWELLING DISTRICT AND A SPECIAL PERMIT FOR A KINDERGARTEN TO
"AB" PROFESSIONAL OFFICE DISTRICT; KEEPING IN EFFECT ALL OTHER PROVISIONS OF
THE EXISTING ORDINANCE AS AMENDED; REPEALING ALL ORDINANCES IN CONFLICT
HEREWITH; AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the foregoing ordinance was passed by the following
vote: Blackmon, Bradley, de Ases, McDaniel and Roberts, present and voting "Aye"; Lozano
aid Sizemore were absent.
ORDINANCE NO. 9586
AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT, FOR AND ON BEHALF OF
THE CITY OF CORPUS CHRISTI, WITH C. M. REYNOLDS FOR ENGINEERING SERVICES, ALL
AS MORE FULLY SET FORTH 1N THE CONTRACT, A COPY OF WHICH 1S ATTACHED HERETO
AND MADE A PART HEREOF; AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the foregoing ordinance was passed by the following
vote: Blackmon, Bradley, de Ases, McDaniel and Roberts, present and voting "Aye"; Lozano
and Sizemore were absent.
Mr. Joe Ferris submitted to the Council a copy of a report in connection with the proposed
ordinance relative to increased slip rentals in the Marina.
The second reading of the ordinance re slip rentals in the Marina; first reading of the
ordinance adopting the Standard Plumbing Code; and the ordinance authorizing a contract with
T. Y. Pickett Company for appraisal of oil and gas properties and pipelines for 1970, were deferred.
There being no further business to come before the Council, the meeting was adjourned.