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HomeMy WebLinkAboutMinutes City Council - 04/27/1970 - SpecialPRESENT: MINUTES CITY OF CORPUS CHRISTI, TEXAS SPECIAL COUNCIL MEETING April 27, 1970 2:00 p.m. 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 Manager Archie Walker 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 and any other business as may properly come before the Council. He asked that it be noted that all members of the Council and the required Charter officers were present. Mayor Blackmon announced the public hearing on the request that the name of Minnesota Avenue, from Santa Fe to Casa Bonita, be changed to "Texas Trail." Assistant City Manager Archie Walker presented the request and explained that it had originated with the Student Council of W. B. Ray High School; had been supported by petitions signed by students, parents, teachers and residents in the area; that a resolution adopted by the Board of Trustees of the Corpus Christi Independent School District in support of the change had been submitted, and also a petition containing signatures of some 14 property owners on Minnesota. He stated the request had been reviewed by the affected City Departments, and that it had been concluded that the request was not in the public interest because of similarity of Texas Street and the existing name is well established and is not confused with any other street. Miss Kathy Dobbs, 3302 Casa De Amigos, spokesman for a delegation of approximately ten W. B. Ray High School students, appeared and stated that the Student Council was attempting to change the name of Minnesota Avenue because they are proud of their school and want the name of the street to reflect to the City and the public their "Fighting Texan Spirit." She explained that they had attempted to follow the correct procedure as set out in the ordinance furnished to them by City Secretary T. Ray Kring; that they had provided an accurate description of the street; a list of all owners affected by the change; and accompanied by the required $25.00 filing fee. She further explained that the request had received 560 parent signatures, 86 members of the Student Council, 1,258 students and promoted and approved by all three principals and P.T.A. • Minutes Special Council Meeting April 27, 1970 Page 2 Others speaking in support of the request were: Robert Gabbert, 1515 Daytona, stating they had searched the records and found many other existing names which were similar in sound; Susie Kamp, 1402 Ray Drive, stated that "Texan Trail" and "Texas Avenue" are close enough so that in case of an emergency, it would not be too difficult to find the right street; Mrs. George Gabbert, Jr., 1515 Daytona, stated the students should be encouraged for their interest, and pointed out that other schools had had their street names changed to coincide with their football teams; Mrs. Ed Harvin, 3338 Casa De Amigos; Mrs. Marion.A. White, 410 Southern, Mrs. H. J. Wetegrove, 409 Grant; Mrs. W. N. Smith, 412 Del Mar; and Mrs. Mildred Law, 3138 South Alameda, also spoke in favor of the name change. Mr. Bob Hargraves, assistant principal of W. B. Ray, spoke in support of the request stating the school staff is proud of the students, and felt they should be encouraged for their interest. Mr. Forrest Allen, president of the Board of Trustees of Corpus Christi Independent School District, stated the School Board had wholeheartedly endorsed fhe program, and felt it is a healthy situation. He commended the students for the manner in which they had conducted themselves in making the application. Mr. John Palter, 333 Minnesota, spoke in opposition to the request, stating that he had a number of tenants on Minnesota, some of them of Social Security, and that the change would work a severe hardship relative to receiving their mail. He suggested that they change the name of the school rather than the name of the street. Mayor Blackmon pointed out that it should be noted that former changes in street names of other schools did not involve the problem as in this case since Minnesota Avenue has been a well established street for a long period of time. He expressed appreciation on behalf of the Council for the spirit in which the students had made the request and that it echoes what Mr. Allen said as to the manner in which the students had conducted themselves. No one else appeared to speak in favor or in opposition to the foregoing request. Motion by Bradley, seconded by Sizemore and passed, that the hearing be closed. Assistant City Manager Walker stated the Staff had recommended that the request be denied, but had made a compromise offer that a street sign containing both the name "Texan Trail" and "Minnesota Avenue", and that Minnesota be at the top with Texan Trail written in school colors • • Minutes Special Council Meeting April 27, 1970 Page 3 at the bottom. He explained that this would not involve any great expense, only involve changing about 12 signs. He explained that the students would be charged with care that the signs be maintained and protected against vandalism, and stated this proposal was acceptable to the students. Motion by Roberts, seconded by McDaniel and passed, that the foregoing matter be tabled for further consideration. Mayor Blackmon announced the public hearing on Application 4.370-6, Mr. E. R. Webb, et al, for change of zoning from "R -1B" One -family Dwelling District to "B-1" Neighborhood Business District, on Lots A, B, C, D, E and 36, Block 8, Gardendale No. 2, located on the east side of the 5400 Block of Everhart Road between Curtis Clark and Bonner Drives. Senior City Planner Larry Wenger pointed out the location of 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 March 17, 1970, Mr. Edivin Prichard, Attorney representing the applicants, stated that Dr.W. E. Arthur hada contract to purchase a portion of the property subject to "13-1" zoning; that no plans have been prepared except for a pharmacy on the north corner of the property at Curtis Clark Drive and Everhart, and that the remainder of the property would be developed in a manner which would be complimentary to the area. Mr. Wenger stated one person, Mr. Travis Burt, 4810 Bonner Drive, appeared at the hearing in opposition on the basis that the proposed use would create additional traffic, would lower property values, that noise and debris would be a nuisance, and presented a petition signed by 60 area residents who were in opposition. Mr. Wenger stated that prior to the hearing the Staff mailed twenty-three notices, one received in favor, three in opposition, and two received in favor at the public hearing; that it was the recommendation of the Commission that the application be approved as regiested; that it was the Staff's opinion that the request does not conform to the Everhart Zoning Study; would encourage strip business zoning along Everhart Road between Holly Road and Padre Island Drive; would adversely affect the residential area; there is already sufficient business zoning located in planned neighborhood shopping centers; the area is inadequate in size; and the property is not located at the intersection of two major streets as recommended in the Community Builders Handbook. • r • Minutes Special Council Meeting April 27, 1970 Page 4 Mr. Edwin Prichard, attorney representing Dr. W. E. Arthur, and Mr. Al McDavid, Executive Vice President of Mortgage Investment Corporation of San Antonio, owner of the vacant tract directly across Everhart Road to the west of the subject property, stated he had been authorized to state to the Council that they are in favor of the request. He stated he had studied the Everhart Zoning Study prepared by the Staff in 1965 which was approved by the Planning Commission and the Council, and that the Study does not make any specific recommendations as to this particular piece of property, but only makes general statements and recommendations; stated that if this request is contrary to the Everhart Zoning Study, it would appear that a Veterinary Hospital which recently received a rezoning change, would also be contrary to the Study. He presented colored slides of the area in question to substantiate his position that the area is generally run down, and is not suitable for residential development. He pointed out that Everhart Street is a wide thoroughfare and capable of handling any additional traffic generated from the proposed development; that it would mean increased tax revenue to the City; that the requested change in zoning will be a step toward progress in that there will be some use of the property, and that not to grant the request will mean stagnation and the owners will not be able to sell or develop and it will remain an eyesore, vacant, and unusable. He further pointed out that the Planning Commission had been unanimous in its approval of the request. Mrs. R. E. Webb, co-owner of the subject property, spoke in support of the request, stating they had owned the property for 25 years, and that about 15 years ago they had to sub- divide it in order to build their house on Curtis Clark Drive. She stated the property is definitely not suitable for residential use and of no value to them unless it is rezoned so it can be sold; stated that she had been detained as much as ten minutes trying to get out of her driveway onto Everhart. Others speaking in favor of the proposed zoning change were Mr. Ed W. Ful len, 4806 Bonner Drive, co,owner of the property; Mr. R. D. Moorehouse, 3438 Olsen; Ennis Joslin; C. C. Horne, 4813 Bonner; and Mr. Forrest Allen, speaking for Mr. Ed Ful len and Mrs. Roy Smith, 5339 Everhart. No one appeared in opposition to the foregoing application. Motion by Lozano, seconded by Sizemore and passed, that the hearing be closed. • Minutes Special Council Meeting April 27, 1970 Page 5 Motion by de Ases, seconded by Roberts and passed, with Bradley and McDaniel voting "Nay" that the recommendation of the Planning Commission be concurred in and that Application #370-6, Mr. E. R. Webb, et al, for change of zoning from "R -1B" One -family Dwelling District to "B-1" Neighborhood Business District, on Lots A, B, C, D, E, and 36, Block 8, Gardendale No. 2, located on the east side of the 5400 Block of Everhart Road between Curtis Clark and Bon-, Drives, be approved as requested, and that an ordinance be brought forward effectuating the change, and that a legal opinion be submitted as to whether or not the 20% rule is in effect. Mayor Blackmon announced the public hearing on Application #370-7, Planning Com- mission to change the zoning from "A-2" Apartment House District and "R-2" Two-family Dwell- ing District, to "AB" Professional Office District on Lots 46, 47, 48, 51, 61 thru 64, Block 810, Port Aransas Cliffs; Lots 2, 3, 4, 6, 7, 8, & 9, Block 1, Alameda Place; and on Lots 41 thru 64 and Lot "A", Block 812, Port Aransas Cliffs, all tracts being located on the east side of South Alameda Street between Chamberlain Street and Minnesota Avenue. Larry Wenger located the property on thezoning and land use map and described the existing zoning and land use in the surrounding area., He stated that at the Planning Commission hearing held March 17, 1970, the Staff pointed out that due to the location of the subject pro- perties fronting on South Alameda Street, which is a major thoroughfare, and the scattered "AB" Professional Office District and "R-2" Two-family Dwelling District, the Planning Commission felt that the requested zoning district would be more compatible for these lots. He stated there was considerable opposition at the hearing from residents on Topeka Street generally on the basis that there is already a traffic problem from the existing professional office uses in the area, which they alleged do not have adequate parking spaces and are forced to park on the streets which are too narrow for cars to safely pass. Mr. Wenger stated they were also concerned as to how deep the requested zoning would penetrate into their residential subdivisions and why so much land is under consideration at one time. He stated that prior to the Commission hearing the Staff mailed 115 notices, 12 received in favor and four in opposition, one received the day after the hearing; that there have been numerous telephone calls in opposition since the hearing but no other written opposition; that it was the recommendation of the Commission that the request be approved and that the Staff concurred in this recommendation as being more compatible with the uses in this vicinity. • Minutes Special Council Meeting April 27, 1970 Page 6 Mrs. William W. Green, 3149 Topeka Street, spoke in opposition to the requested zoning change, stating that traffic congestion would be increased; that there is no need for additional professional office zoning; and that there are vacancies existing on Reid Drive, and also numerous vacant lots located where there would be adequate parking and provision for better egress 'and ingress. She pointed out that employees and customers constantly park their cars iilegcl;y where headin parking is not allowed, and that she had seen cars parked illegally near the fire plugs. Mrs. Green pointed out that a zoning change was granted to Dr. N. H. Morgan in January of 1969 and that he had said he would use the building for his office and maintain a portion for his home, but that he has since sub -rented to a number of other doctors and other businesses which has further congested the area; stated that she has recently learned that the Board of Adjustment can grant an exemption to uses in the "AB" classification if requested; that residents of this area feel that the rezoning change would result in a breakdown of the residential character of the area and lower property values. She presented a petition containing signatures of 120 residents indicating their opposition. She stated there is also attached to the petition a statement signed by Mr. and Mrs. Robert Ganc, who had originally stated they did not oppose the request but now desire to retract this statement. Others appearing and speaking in opposition were Mrs. A. L. Hernandez, 3049 Austin; Mr. C. J. Friedmann, 3216 Topeka; Mr. Henry Brown, 3045 Topeka; Mr. G. W. Perry, 3257 Topeka; Mrs. L. D. Batson, 3266 Topeka; Mr. and Mrs. Charles Danforth, 3201 Topeka; Mr. George A. Blucher, 3211 Topeka; Mr. W. M. Breath, 3133 Topeka; Mrs. Robert Ganc, 3146 Topeka; Mrs. Mildred Law, 3138 South Alameda; and Mrs. Raymond T. Elter, 3042 Topeka; all concurring in the statements made by Mrs. Green. It was pointed out that some of the abovenamed persons had indicated in writing their approval of the proposed zoning change, but had since changed their opinions, and were advised that they should submit in writing their desire to retract that action, as their signature on the petition could, in effect, invoke the 20 percent rule. Motion by Bradley, seconded by de Ases and passed, that the hearing be closed. Motion by Roberts, seconded by Sizemore and passed, that the foregoing application be tabled for further consideration. • • Minutes Special Council Meeting April 27, 1970 Page 7 Mayor Blackmon announced the public hearing on Application #370-8, Mr. Warren N. Smith, for change of zoning from "AB" Professional Office District to "B-1" Neighborhood Business District, on Lots 16 & 17, Block 7, Del Mar Addition, located at 1712 Santa Fe Street on the east side near its intersection with Ayers Street. Larry Wenger pointed out the location of the property on the zoning and land use map and described the zoning and land uses in the surrounding area; stated that a small antique shop is proposed for a portion of the property and that it is now in operation by Mrs. Bozwell, mother of the applicant, and is in violation of the zoning ordinance. He stated that at the Commission hearing held March 17, 1970, a plot plan was submitted by the applicant's attorney indicating that an asphalt parking lot is proposed at the rear of the building which will have three parking spaces with the entrance and exit on Santa Fe Street. He stated that no one appeared at the hearing in opposition; that the Staff mailed 25 notices, two received in favor, two in opposition, and three received in favor at the public hearing, also a petition containing 21 signatures in favor, five of which were outside the notification area; that no one had appeared in opposition; that it was the recommendation of the Planning Commission that the request be denied, but in lieu thereof, a Special Permit be granted according to the plot plan submitted with allowance for a non -illuminated two square foot sign attached flat against the building. He stated it was the Staff's opinion that if the zoning is granted it would eliminate an existing buffer between an established residential area and an existing business zone, and would also encourage additional properties south of this area along Santa Fe, which is primarily a residential area, to apply for similar zoning. Mr. John R. Padilla, attorney representing the applicant, appeared and complained that he received notice of the hearing through his client shortly before noon this date, and took issue with the procedures employed by the Staff for such notices. He stated this lack of notice had been confusing, and that he was not prepared to adequately present his client's case. Mayor Blackmon asked Mr. Padilla if he preferred to have the hearing postponed and Mr. Padilla stated he preferred to proceed. He reviewed the background of the antique shop which has been in operation at this location; stated that in May of 1966, an application for "B-1" zoning was made on this property by Mr. Warren Smith, which was denied by the City • Minutes Special Council Meeting April 27, 1970 Page 8 Council. He stated that there is no traffic problem, as there is seldom more than one car at the shop at any one time; stated that residents in the area had indicated that they were opposed to "B-1" zoning, but would not be opposed to a Special Permit for operation of the antique shop. He stated the Special Permit as recommended by the Planning Commission would be acceptable to his client, but pointed out that 21 persons had signed a petition indicating that they have no objewtions to the requested change in zoning. Mr. W. N. Smith, applicant, was present and spoke on behalf of the application, generally concurring in the statements of Mr. Padilla. Mr. Billy Aldridge, Jr., owner of Lot 15, stated he was in favor of the requested change in zoning, commenting that the houses were old and the area generally deteriorating and generally not conducive to residential development and only suitable for business uses. Mrs. O. J. Olsen, 1714 Santa Fe, stated she did not agree the houses were deteriorated, but that she favored the requested change in zoning. Mrs. Ethel Martin, 1718 Santa Fe, stated she was in favor of the requested change in zoning, and would like to keep them as neighbors. No one appeared in opposition to the foregoing request. Motion by Lozano, seconded by Sizemore and passed, that the hearing be closed. Motion by McDaniel, seconded by Lozano, that the recommendation of the Planning Com- mission be concurred in to deny the application, but in lieu thereof grant a Special Permit according to the plot plan submitted with allowance for a non -illuminated two squarefoot sign attached flat against the building. Motion by Sizemore, seconded by Roberts and passed, with Bradley abstaining, that the foregoing motion be amended, and that Application 0370-8, Mr. Warren N. Smith, for change of zoning from "AB" Professional Office District to "B-1" Neighborhood Business District, on Lots 16 and 17, Block 7, Del Mar Addition, located at 1712 Santa Fe Street on the east side near its inter- section with Ayers Street be denied, but in lieu thereof, a Special Permit be granted according to the plot plan submitted amended to allow for a non -illuminated four -foot square sign attached flat against the building, and that an ordinance be brought forward effectuating the Special Permit. There being no further business to come before the Council, the meeting was adjourned.