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HomeMy WebLinkAboutMinutes City Council - 03/02/1970 - SpecialMINUTES CIN OF CORPUS CHRISTI, TEXAS SPECIAL COUNCIL MEETING March 2, 1970 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 Assistant City Attorney Bob Coffin 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 and any other business as may properly come before the Council . He asked that it be noted that all members of the Council were present, and explained the procedure to be followed. Mayor Blackmon announced the public hearing on Application #170-4, Pharaoh Enterprises, Ltd., for change of zoning from "R -1B" One -family Dwelling District and "B-1" Neighborhood Business District to "A-1" Apartment House District, on a 24.212 -acre tract of land out of Lots 2 through 5, Section 29, Flour Bluff and Encinal Farm and Garden Tracts, located on Ennis Joslin Road and McArdle Road, South of the Pharaoh Golf Course. Senior City Planner Larry Wenger pointed out the existing zoning and land use in the surrounding area; stated that the application was heard by the Planning Commission on Janu- ary 29, 1970, at which time Mr. Frank Peerman, representing Pharaoh Enterprises, Ltd. appeared and explained the proposed use of the property, stating that it was his opinion that this location is ideal for multi -family dwellings because of its access to Ennis Joslin Road which has been designated as a major thoroughfare, and that there are no residences which might be adversely affected by this use. He stated Mr. Roger Bateman, 1015 Luxor, and Mr. Jack Ashford, 15 Townhouse Lane, spoke in opposition, generally on the basis that it would overcrowd the streets and schools; that McArdle Road was too narrow to handle additional traffic; and would devaluate the residential property in the area. Mr. Wenger stated the Staff mailed out nine notices, two received in favor and none in opposition; that it was the recotn- mendation of the Planning Commission and the Staff that the application be approved as requested, on the basis that it is a logical request and would be compatible with the existing uses surrounding the area. • Minutes Special Council Meeting March 2, 1970 Page 2 Mr. Frank Peerman spoke on behalf of the request and pointed out the housing trend of today which is toward multi -family dwellings because many people, especially young married couples, cannot afford to purchase homes due to the increased costs, and that a large percentage of apartment dwellers are older couples who do not contribute to overcrowding of schools, and that there are some people who simply prefer apartment living; that the percentage of children in apartment complexes is small compared to residential areas; that 52 percent of all the building in Corpus Christi the past year had been apartment construction; that the Council is responsible for the well-being of all citizens; and apartment dwellers should be allowed to live in desirable areas of the City and not relegated to the outskirts or adjacent to commercial areas. Mr. Peerman presented a series of colored slides of completed developments of the type proposed pointing out the improvements and upgrading of the areas such as widened streets, sidewalks, elimination of aboveground utility poles, and beautification and development of park areas. He explained that a 540 -foot strip of land located between this property and the Carriage Park Townhouses was not included in this application because possibly more townhouses could be developed there at a later date. No one appeared in opposition to the foregoing application. Motion by Bradley, seconded by Lozano and passed, that the hearing be closed. Motion by McDaniel, seconded by Roberts and passed, that the recommendation of the Planning Commission and Planning Staff be concurred in and that Application #170-4, Pharaoh Enterprises, Ltd., for change of zoning from "R -1B" Ore -family Dwelling District and "B-1" Neighborhood Business District to "A-1" Apartment House District, on a 24.212 -acre tract of land out of Lots 2 through 5, Section 29, Flour Bluff and Encina) Farm and Garden Tracts, located on both Ennis Joslin Road and McArdle Road, South of the Pharaoh Golf Course, be approved as requested, and that an ordinance be brought forward effectuating the change. Mayor Blackmon announced the public hearing on Application #170-5, Harold L. Grimes, for change of zoning from "R -1B" One -family Dwelling District to "1-2" Light Industrial District on two tracts of land of approximately 1 .08 acres out of the Incarnate Word Academy Tract and a portion of the grant to Enrique Villareal Abstract No. 1, Nueces County, Texas, fronting on the 5500 Block of I.H. #37 at Dona Drive. • r • Minutes Special Council Meeting March 2, 1970 Page 3 Larry Wenger located the property on the map and pointed out the existing zoning and land uses in the surrounding area; stated that at the Commission hearing held January 20, 1970, Mr. Larry World, realtor representing the applicant, explained that "1-2" Light Industrial District was being requested because his client's business required facilities for open storage; that they plan to construct a six-foot fence around both lots, and that the building would be of masonry materials. Mr. Wenger stated there was opposition at the hearing generally on the basis that the proposed use would devalue the residential property, increase traffic, and that the loading and unloading of pipe would create a noise nuisance. He stated that the Staff mailed out 26 notices, one received in favor, six in opposition and one received in opposition at the public hearing, and that the 20% rule is in effect. He stated it was the recommendation of the Planning Commission that the request be denied, and that the Staff felt a Special Council Permit, under certain conditions, would probably better serve the needs of the applicant. City Manager Townsend pointed out that the triangular shape of the smaller tract and the odd shape of the larger one was brought about by the construction of the Freeway, and that these remnants exist throughout the City and present a land use problem. Mr. Larry World, 4825 Joanna, spoke on behalf of the applicant, and stated that I. B. Magee is the owner of the property and that Mr. Grimes proposes to purchase the land if the requested zoning is granted; that the larger portion of the request will be utilized for an office building and warehouse for a plumbing contractor which will require open storage for pipes and other materials; that the smaller triangular tract will be used for parking, and that both lots will be fenced. He stated that this property has been described as an "eyesore" because it is overgrown with weeds, and that he felt the proposed use would be an improvement. He stated the lots have been a problem and that for several years they have not been able to come up with a suitable solution to the problem. Mr. C. M. Polette, 1014 Vernon Drive, appeared and spoke in opposition. He presented a petition containing twenty signatures of persons living in the area indicating their opposition on the basis that industrial use would lower property values, and the proposed use would eventually infiltrate the area. He stated it was conceded that the area is presently an "eyesore" but that there are many such areas in the City; that the proposed storage area for a plumbing business • Minutes Special Council Meeting March 2, 1970 Page 4 would attract rodents and snakes which would make a bad situation worse and would become a health hazard. He stated that the State claims that the entire subdivision is ten feet out of line, and if this is true, there is a ten -foot encroachment of the City's utility lines; that there are other available areas already zoned for industrial uses in the City which would not affect so much residential property. He stated he felt the area was too small for a park with organized sports, but that the larger lot could be used for a playground. City Manager Townsend stated that two letters had been received since the hearing opposing the proposed change in zoning, one from Robert E. Fleming, 1010 Vernon Drive, and another from C. D. McClain, 1002 Vernon, both in opposition on the basis that it would be an encroachment of industry into an established residential area and would substantially decrease property values. Mr, Paul Martin, 1021 Dona, spoke in opposition, stating that any development of the subject property, and particularly that proposed, would be a definite traffic hazard. He stated that since the Freeway had been completed, very few people use Shell Road as a means of travel to the downtown area; stated that Dona Drive is very narrow,there are no sidewalks, and school children are forced to walk in the streets; that most traffic is too fast for safety, and that any parking on Dona Drive in connection with a business at this location would be a serious safety hazard. Motion by Bradley, seconded by de Ases and passed, that the hearing be closed. Motion by de Ases, seconded by Roberts and passed, that the Council defer action on the foregoing application and that the evidence presented be given further consideration. Mayor Blackmon announced the public hearing on Application #170-6, Roy. Lay, Jr., for change of zoning from "R -1B" Onei-family Dwelling District to "R-2" Two-family Dwelling District, on Lots 5, 6, 7, 30, 31 & 32, Block 11, Flour Bluff Park, located in the 900 Blocks of Flour Bluff Drive and McDonald Street. Larry Wenger presented the application, located the properly on the map and pdinted out the existing zoning and land uses in the surrounding area. He explained that at the Com- mission hearing held January 20, 1970, Mr Fred Rheinlander, Architect, spoke on behalf of the applicant and presented a plot plan showing six one -and two-bedroom low -rent duplexes to be • • Minutes Special Council Meeting March 2, 1970 Page 5 constructed on the property. Mr. Wenger stated there was opposition expressed from the Planning Engineer of the Naval Air Station Training Command pointing out the noncompatibility of high density development to air traffic which is in close proximity to the property request. Mr. Wenger stated that prior to the hearing, fourteen notices were mailed, none received in favor nor in opposition; that it was the recommendation of the Staff and Planning Commission that the request be approved. City Manager Townsend raised the question as to the platting of the property, pointing out that there is a type of density not allowed in "R-2" classification but would become possible under "R-2"; that proper access would be required, and that a building permit could not be obtained until proper access is provided. He further stated that when it is obvious that the intent of the owner cannot be accomplished probably either what he intends to do needs to be changed or something else done pbout it. He further stated that zoning studies should be made to be more compatible with the Naval operations and that a recommendation in this regard will be forthcoming. Mr. Wenger stated that this, as well as several other areas in Flour Bluff, are what is termed paper plats. He stated that the Mobile Home Park in the area was in existence when the City annexed the area. Captain J. T. Acuff, Chief of Naval Air Advanced Training, appeared and stated he had been directed by his superiors to point out the incompatibility of high residential densities in close proximity to the Naval Air Station, and the high level of noise because of the air traffic. Motion by Sizemore, seconded by Roberts and passed, that the hearing be closed. Motion by Sizemore, seconded by Lozano and passed, that the foregoing application be tabled for further consideration. Mayor Blackmon announced the public hearing onApplication 0170-7, Trinity United Methodist Church, for change of zoning from "R -1B" One -family Dwelling District to "B-4" General Business District, on Lot 2 (4.139 acres), Park Plaza Annex, located at 4801 South Staples Street. City Manager Townsend announced that because of a personal involvement in this appli- cation he would become a part of the audience and refrain from any active participation in the hearing. • Minutes Special Council Meeting March 2, 1970 Page 6 Larry Wenger located the property on the map and pointed out the existing zoning and land uses in the surrounding territory; stated that at the Planning Commission hearing held January 20, 1970, Mr. Jim Fleming had represented the church and stated that the church proposes to sell this property for commercial uses, either partly or all of the tract, and that the church which is presently located on the property will be moved to another location. Mr. Wenger stated that Air Force Major Ervin Lovdahl, owner of property at 1014 Meadow - brook, spoke in opposition stating that when he purchased his property he was told the large vacant tract located immediately across South Staples was zoned for single-family dwellings, and that he felt any other type of use, such as a hambirger stand or other similar uses permitted in "B-4" would devaluate his property. Mr. Wenger stated that prior to the hearing the Staff mailed out 13 notices, none received in favor; that it was the recommendation of the Staff that the application be approved as requested, and that the recommendation of the Plahning Commission was that it be denied,- but in lieu thereof "B-1" Neighborhood Business District be approved. Mr. Jim Fleming, Chairman of the District Board of Methodist Missions, spoke on behalf of the applicants; pointed out the location of the existing church building on the lot,; and its relation to adjacent lots; stated that approximatelly 180 feet of the lot is vacant which represents about one-half of the tract; that since they have access to the theatre parking lot adjacent to their property, they now plan to enlarge the present building to a seating capacity of 500 and to sell a portion of the property in order to make a debt -free church. He pointed out that the church is in no financial difficulty with their mortgage company; that the land will be sold only to potentially good neighbors who will be compatible to the church and the area; that they had requested "B-4" zoning because it would command a better market price, and that the uses could be controlled by deed restrictions. He explained that the theatre next door has not been objectionable, but that some people had objected to the flashing lights. He stated they would prefer the requested "B-4" zoning, but that the "13-1" as recommended by the Planning Commission would be acceptable. • • Minutes Special Council Meeting, March 2, 1970 Page 7 Mr. J. B. Wright of Currie Seed Company, owner of the adjacent property, spoke in favor of "B-4" zoning, stating that their property is presently zoned "R -1B" although it was assessed for business when the paving was done. He stated they plan to submit an application for "B-4" zoning in the near future. He further explained that this property is not owned by E. S. Joslin et al as appears on the map. Mr. Wenger pointed out that if the church expands their seating capacity, as stated by Mr. Fleming, they will be required to expand their parking area accordingly on site rather than off site. No one appeared in opposition to the foregoing application. Motion by de Ases, seconded by Bradley and passed, that the hearing be closed. Motion by Sizemore, seconded by de Ases and passed, that Application #170-7, Trinity United Methodist Church, be tabled for further consideration. There being no further business to come before the Council, the meeting was adjourned.