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HomeMy WebLinkAboutMinutes City Council - 05/04/1970 - SpecialMINUTES CITY OF CORPUS CHRISTI, TEXAS SPECIAL COUNCIL MEETING May 4, 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 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 and any other business as may properly come before the Council. He asked that it be noted that a quorum was present and explained the procedure to be followed. Mayor Blackmon announced the public hearing on Application #270-1, I. W. Shaffer, for change of zoning from "B-1" Neighborhood Business District to "B-4" General Business District, on Lots 2 and 3, Block 4, Southwest Heights Addition, located at the northwest corner of the intersection of David Street and Baldwin Boulevard, fronting on the 2600 Block of David Street. Senior City Planner Larry Wenger pointed out the existing zoning and land use in the surrounding area; explained that at the Commission hearing held February 3, 1970, Mr. Lee Mahoney, attorney, had represented the applicant, and stated that the proposed operation will include the sales and installation of automobile air conditioners and other automobile accessories and parts. Mr. Wenger stated three persons appeared at the hearing in opposition generally on the basis that the operation would increase traffic congestion in an already con- gested intersection, and that the uses allowed in the "B-4" classification would be detrimental to the residential area. He stated that prior to the Commission hearing, the Staff mailed out fifteen notices, none received in favor, five in opposition, and three received in opposition from persons residing outside the 200 -foot notification area. He further stated there had been sufficient written objections to invoke the 20 percent rule; that it was the recommendation of the Commission following the February 3, 1970 meeting that the request be denied but in lieu thereof a Special Permit be granted for a muffler shop together with sales and installation of automobile air conditioners and other automobile accessories and parts according to a proper plot • • Minutes Special Council Meeting May 4, 1970 Page 2 plan, restricting sign requirements to those of the "B-1" zoning district, and proper screening; that a plot plan was submitted by the applicant April 14, 1970, on which corrections were suggested by the Staff, and following review by the Commission, the plot plan was approved with the following corrections: (1) that a standard screening fence according to City specifications be erected along the north side of the property, with a gradual slope to a height of 3 feet from the east building line to the property line; (2) that the driveway on Baldwin Boulevard closest to David Street be closed and the other driveway on Baldwin Boulevard be widened to 35 feet; and (3) that the sign be double-faced and restricted to 40 square feet. Mr. Wenger presented a plot plan recommended by the Staff and explained that the Staff's recommendation provided for additional screening, and pointed out that the closing of one driveway and widening another to 35 feet would reduce the parking area by one space. He further pointed out that an application for "8-1" zoning had been made by Humble Oil & Refining Company on this property which was granted in August, 1963, but was never developed. Mr. Mahoney stated that irrespective of Humble Oil and Refining Company's application for "8-1" zoning on this tract, his client's proposed operation of a muffler shop will be similar in construction to three other muffler shops in the City, and that "8-4" zoning is being requested because the present zoning does not allow for this type operation; stated that he does not feel it will be a nuisance nor decrease property values because all work will be conducted inside the building; stated the operation will create less traffic than a drive-in or service station which are both permitted under the "B -l" classification. He further stated that the building will be constructed in accordance with City regulations with proper setbacks, screening and paving; that the premises will be maintained in a clean and sanitary manner, and cited the muffler shop operations on Everhart and Leopard Streets as fair examples; that in his opinion, the traffic will not be increased more than already exists, and that their selection of this particular site was not to create more traffic but to take advantage of what is already there; that because the location is adjacent to the Expressway, it is not suitable for residential development; that it is presently covered with weeds and high grass and that proper screening will provide a better view than now exists. He stated that he had seen both the plot plan recommended by the Com- mission and the one presented by the Staff, and that he was not certain of the limitations of the • • Minutes Special Council Meeting May 4, 1970 Page 3 Staff's plan, but that the requirements contained in the recommendation of the Commission, were acceptable. Mr. W. H. Stahl, 4901 Kostoryz, appeared and stated he was in favor of the request. Mrs. E. M. Hines, 2821 Niagara, spoke in opposition, stating she was also speaking for Mrs. Una Wilson, 2701 David Street. She stated the area is composed of small, but well kept homes of mostly elderly retired persons who have owned their homes since the area was developed and zoned in 1941; stated that they all take pride in their lawns and general appearance of the neighborhood; that they feel the proposed muffler shop and accessories, would be an encroachment into an established residential area and deprive them of the safety and enjoyment of their homes to which they are entitled. She stated that the granting of "B-4" zoning would open the door to other similar applications; that traffic congestion would be increased; that property values would be reduced; that because of the exit on David Street from the Expressway, it would be extremely difficult to use the entrance to the proposed operation; that at peak traffic hours, property owners are forced to travel several blocks out of the way to enter their property; that the introduction of small businesses in the area will cause the homeowners to move to the other areas thus leaving a blighted area; and stated that' most of the property owners who received notices did not understand the meaning of "B-4" zoning and consequently did not respond. City Manager Townsend stated a letter of opposition had been filed signed by Mrs. Una Wilson and 17 other property owners, on the basis that it would create excessive traffic, noise and litter. When questioned by the Council as to acceptance of the conditions of the proposed Special Permit, Mr. Mahoney stated his client would accept any reasonable conditions. Motion by Bradley, seconded by Lozano and passed, that the hearing be closed. Motion by McDaniel, seconded by Bradley and passed, with Roberts disqualified, that Application #270-1, I. W. Shaffer, for change of zoning from "B-1" Neighborhood Business District to "B-4" General Business District, on Lots 2 and 3, Block 4, Southwest Heights Addition, located at the northwest comer of the intersection of David Street and Baldwin Boulevard, fronting on the 2600 Block of David Street, be denied, but in lieu thereof a Special Permit be granted for • • Minutes Special Council Meeting May 4, 1970 Page 4 a muffler shop together with the sales and installation of automobile air conditioners and other automobile accessories and parts, according to the plot plan approved by the Staff, and that an ordinance be brought Forward effectuating the Special Permit. Mayor Blackmon announced the public hearing on Application 4370-9, Walter Wisznia, for change of zoning from "R -1B" One -family Dwelling District to "A -l" Apartment House District, on all of Lots 33 and 34, Block 14, Port Aransas Cliffs, located on the South side of the 100 Block of Rossiter Street. Mr. Wenger pointed out the existing zoning and land use in the surrounding area; explained that at the Planning Commission meeting held March 31, 1970, the applicant pre- sented a plot plan and stated that his mother had owned the property for twenty years and had waited for an ideal time to develop it; and that a five -unit apartment project is proposed which would front on Rossiter- Mr. Wenger stated there was some opposition voiced at the Commission hearing on the basis that it would be an encroachment into an established residential district. He stated that prior to the hearing, the Staff mailed out nineteen notices, none received in favor and four in opposition; that it was the recommendation of the Planning Commission that the request be approved as applied for, and that it was the Staff's opinion that the subject property is an ideal size for development of a single-family residence which would be most compatible with the surrounding residential zone and uses, and that apartment development would be undesirable. Mr. Wenger pointed out that "A-1" zoning was granted on this property in July of 1965, for a seven -unit apartment complex with a one-year time limit on completion, and that construction was not begun within the time limit and the ordinance was voided. He stated that "A-2" Apartment House District zoning was again requested in 1969 but was denied, and that the applicant is now seeking "A-1" for a five -unit apartment complex. Mr. Wisznia appeared in support of the application, and stated that the seven -unit apartment complex under the "A-1" granted in 1965, was not constructed because they were unable to secure a loan; that at that time they had an entrance onto Ocean Drive, and when it was evident that the City planned to widen Ocean Drive their plans were delayed until it was known how much right of way would be taken. He stated they would plan to front the building on Rossiter rather than on Denver, and that the entrance will be designed as a turnaround rather than backing out onto Rossiter. He stated the owner of the adjoining property lives in Harlingen, but that he had indicated • • Minutes Special Council Meeting May 4, 1970 Page 5 his approval at the other two hearings. Mr.Wisznia further stated that approximately one-half of the surrounding area is already used for apartments, and that he had reduced the number of units from seven to five because he felt the Council thought seven was too many, and that, in his opinion, the proposed use is the best use for this property. Mrs. Vesta Lee Gerber, 125 Rossiter, spoke in opposition, stating that she had owned her home across the street for twenty-eight years, and felt that the proposed development would increase traffic and other problems. She stated she had filed a written objection. Mr. Wm. R. Anderson, Jr., 3449 Ocean Drive, spoke in opposition, pointing out that all the other apartments which now exist in the area are there by special permit, and that he sees no reason to extend apartment zoning. He stated if this request is granted, others will make similar applications and a breakdown of the residential area will result; stated that this intersection at Ocean Drive and Rossiter is one of the most hazardous in the City, and that the 60 -foot depth of the subject property is too small for apartment development. In rebuttal, Mr. Wisznia stated the apartments would only add ten additional cars and that the traffic problem of the intersection of Ocean Drive and Rossiter has been improved since Ocean Drive has been widened. Motion by Bradley, seconded by Roberts and passed, that the hearing be closed. Motion by Roberts, seconded by de Ases and passed, that the foregoing request be tabled for further consideration. Mayor Blackmon announced the hearing on Application 0370-10, Westminister Presbyterian Church and Ross Langham Mortuary, Inc., for change of zoning from "R -1B" One -family Dwelling District to "B-1" Neighborhood Business District, on all of Lots 12 and 13, Block 3, Glendale Addition, located at 2045 18th Street. Larry Wenger presented the application and pointed out the existing zoning and land uses in the surrounding area; stated that at the Planning Commission hearing held March 31, 1970, Wm. R. Anderson, attorney representing the applicants, presented a petition signed by 21 residents within the area in favor of the request, and explained that Ross Langham Mortuary has entered into an option with Westminister Presbyterian Church for the purchase of the property subject to proper zoning for a funeral home; that the church building will be remodeled and converted into a • • Minutes Special Council Meeting May 4, 1970 Page 6 funeral home; that there will be 5:1 off-street parking ratio, and that the building located on Lot 12 will be removed and a fence erected between this property and the single-family dwellings located immediately adjacent to Lot 12, and that the main access to the parking lot would be from Baldwin Boulevard. Mr. Wenger stated one other person spoke in favor of the request and no one in opposition; that prior to the Commission hearing the Staff mailed twenty-seven notices, four received in favor and none in opposition; and also a petition received in favor; that it was the recommendation of the Planning Commission that the request be denied, but in lieu thereof, a Special Permit be approved for a funeral home and undertaking business subject to a final plot plan showing the garage location as requested and the fence to be approved by the Commission; that the plot plan was presented by the applicant and reviewed by the Commission April 14, 1970, and approved with the following conditions as indicated on the plot plan; (1) That the proposed driveway and canopy along 18th Street be rearranged to meeting Zoning Ordinance requirements; (2) that a 3-1/2 foot screening wall of 3-1/2 foot height shrub planting be located along the northeast edge of the parking lot to screen the parked cars from the street (18th Street at Glendale Drive) and neighboring residences; (3) that a standard screening fence according to City specifications be erected along the parking lot between Lots 11 and 12 with a gradual slope to 3-1/2 feet toward Glendale Drive, beginning 20 feet from the property line; and (4) that, except for the two driveway locations, an 8 -foot width planting strip be located along and parallel to the north property line at Glendale Drive, and within the planting strip be placed a 3-1/2 foot screening wall or planted 3-1/2 foot height shrubs to screen the parked cars and neighboring residences. Mr. Wenger stated it was the Staff's opinion that the proposed use would greatly increase traffic in an already congested area because of the heavy flow of traffic from Del Mar College and Baldwin Boulevard and would tend to disrupt the continuity of the existing residential area. Mr. Wm. R. Anderson, attorney, spoke on behalf of the applicants,and pointed out that there had been no opposition; that the only request was that a white fence be constructed along the parking lot between Lots 11 and 12 which was agreeable to the applicants. He stated all of the conditions recommended by the Planning Commission were acceptable with the exception of the arrangement of the circular drive and location of the canopy to cover three motor vehicles, • • Minutes Special Council Meeting May 4, 1970 Page 7 and that the purpose would not be accomplished if constructed according to the site plan as recommended. Mr. Glen Gilpin, 602 Moray, stated he owned property on 17th Street, and that he was very much in favor of the proposed development. No one appeared in opposition to the foregoing application. Motion by Bradley, seconded by de Ases and passed, that the hearing be closed. Motion by Roberts, seconded by de Ases and passed, that the foregoing application be tabled for further consideration. Mayor Blackmon announced the public hearing on Application #370-11, Ramiro Mendoza, for change of zoning from "R -1B" One -family Dwelling District to "B-4" General Business District, on Lot 1, Block 8, Casa Blanca Addition, located at 3254 McArthur Street. Larry Wenger pointed out the existing zoning and land use in the surrounding area and stated that the property is proposed for an automobile body repair shop; stated that the property is surrounded by single-family dwellings, except for two lots which are located immediately adjacent on the South of the property which are zoned "B-1" Neighborhood Business District; that the Commission held a hearing on March 31, 1970, at which time Mr. Mendoza appeared and stated that a mechanical work will not be included in the proposed automobile body repair shop. Mr. Wenger stated there was no opposition at the hearing; that prior to the hearing, the Staff mailed thirty notices, one received in favor, and five in opposition; that it was the recom- mendation of the Commission that the application be denied, and that the Staff concurred in this recommendation. Mr. Mendoza spoke on behalf of the request and stated that he proposes to convert one dwelling and the attached garage into the auto body shop to be located on the front and that the other dwelling would be maintained for his residence; that he has attended a school for special training and has purchased tools for the proposed shop; stated that he planned this development so that he and his wife, who is not well, can work together and take care of their small child at home. Commissioner de Ases, who translated Mr. Mendoza's statement in English, stated he did not think Mr. Mendoza was cognizant of all that was involved in securing the building permit and meeting the requirements of the ordinance, and felt he should have been better informed before he paid the $80.00 for this hearing. • • Minutes Special Council Meeting May 4, 1970 Page 8 Mr. Jose Yanez, 3726 Niagara, owner and operator of the washateria located immediately adjacent to the south, and also owner of the lot adjacent to the east of the washateria, which is used as a parking lot, stated he was opposed to the request because his driveway would continue to be used as a parking lot. He further stated he did not think Mr. Mendoza was aware of the cost involved in setting up a body shop such as he proposes; that His property was zoned "B-1" when he purchased it about three years ago; stated he is not concerned with any noise the proposed body shop would generate, but primarily concerned with the continued use of his driveway as a parking lot. Mayor Blackmon stated it appears that more information is needed as to the history and status of the unopened alleyway running between the subject property and the two Tots owned by Mr. Yanez. He further stated he felt that perhaps if Mr. Mendoza had had a clearer understanding of the situation, he would not have spent his time and money to present the application. He suggested that Commissioner de Ases arrange a meeting with Mr. Mendoza for the purpose of clarifying the situation. Motion by Bradley, seconded by Roberts and passed, that the hearing be closed. Motion by Bradley, seconded by de Ases and passed, that the foregoing application be tabled for further consideration. Mayor Blackmon announced the public hearing on Application 4470-9, City of Corpus Christi, for change of zoning from "R -1B" One -family Dwelling District, to "B-1" Neighborhood Business District, on a 0.693 -acre tract of land out of Port Aransas Cliffs Addition, located on the Southwest corner of the intersection of Carmel Parkway and South Alameda Street fronting 151' in the 4100 Block of South Alameda and having a depth of 200' along Carmel Parkway. Larry Wenger pointed out the existing zoning and land uses in the surrounding area; stated that at the Commission hearing held April 28, 1970, it was pointed out by the Staff that this lot is part of the property which was purchased by the City in 1950 for a water storage tank which is located to the south, and that there are various land uses in this area, including single- family dwellings located to the north and west; Mt. Carmel Home for Senior Citizens across South Alameda to the east, and various businesses to the South along Alameda Street; stated that this property is under consideration for "B-1" zoning so that it would conform to the business • • Minutes Special Council Meeting May 4, 1970 Page 9 property along South Alameda to Everhart. He stated there was considerable opposition at the hearing generally on the basis that the area is developed as single-family residences, and that if the change is granted, there would be no buffer between these residences and the area to the north, and that any business development would create noise, traffic congestion and trash, and that it was also suggested that the area could be more appropriately developed as a park. He stated prior to the Commission hearing the Staff mailed out ten notices, none received in favor and six in opposition; that the Planning Commission tabled the matter for further study and con- sideration concerning the use of this area for a park; and that it was the Staff's feeling that the extension of "B-1" zoning along South Alameda to Carmel Parkway would have a detrimental effect on residential properties to the north because of the types of uses allowed in this classifi- cation, and that a better use would be some type of professional office which would blend with the residential character of the neighborhood and buffer the existing business uses, Mr. G. R. Gilpin, 602 Moray Place, whose home backs up to the subject property, spoke in opposition, stating that any business use on this property would create undesirable debris, noise, and traffic congestion. He suggested that this property be developed in a park- like manner possibly featuring a fountain. Mr. Gilpin submitted a petition containing the signatures of 37 persons in Pope Place IV, Pope Place V, and Lamar Park, representing fifteen homes, in opposition. Mr. W. H. Stahl, 4901 Kostoryz, spoke in opposition to the foregoing application. He attempted to read a written statement criticizing the Council's former actions which did not pertain to the zoning case in question, and was declared out of order. When he persisted in reading the statement, he was escorted from the Chamber. His statement was filed and recorded as Council Exhibit 07-70. Mr. Tom Allen, 514 Carmel Parkway, spoke in opposition stating that all the residents along Carmel Parkway were opposed to the proposed rezoning for the same reasons as stated by Mr. Gilpin; Mrs. Raymond Smysor, 506 Carmel Parkway, stated she felt the business uses would depreciate the property values of residences, and concurred in statements of Mr. Allen and" Mr. Gilpin; Father O'Farrell, representative of Mt. Carmel Home, spoke in opposition to the proposed zoning, and stated he favored the park development concept as suggested by Mr. Gilpin. • • Minutes Special Council Meeting May 4, 1970 Page 10 Motion by de Ases, seconded by Roberts and passed, that the hearing be closed. Motion by Bradley, seconded by Roberts and passed, that the foregoing application be tabled for further consideration. City Manager Townsend presented for the Council's consideration the following Resolutions: RESOLUTION NO. 9733 THAT AN AMENDED APPLICATION BE FILED WITH THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT ON BEHALF OF THE CITY OF CORPUS CHRISTI FOR A CODE ENFORCE- MENT GRANT UNDER SECTION 117 OF THE HOUSING ACT OF 1949, AS AMENDED, OF TWO- THIRDS OF THE COST OF UNDERTAKING AND CARRYING OUT A CODE ENFORCEMENT PRO- GRAM ESTIMATED TO BE $3,354,551, IN AREAS SPECIFICALLY DESCRIBED IN SUCH APPLICA- TION, AND 100% OF THE COST OF RELOCATION GRANTS, ESTIMATED AT $37,800, AND REHABILITATION GRANTS ., NOW ESTIMATED TO TOTAL $1,387,852; AND THAT THE MAKING OF SUCH AMENDED APPLICATION BY THE CITY MANAGER 15 HEREBY RATIFIED; AND FURTHER AUTHORIZED TO PROVIDE SUCH ADDITIONAL INFORMATION AND FURNISH SUCH DOCUMENTS AS MAY BE REQUIRED BY THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, TO EXECUTE SUCH CONTRACT OR CONTRACTS AS MAY BE NECESSARY; TO EXECUTE AND FILE REQUISITIONS FOR FUNDS; AND TO ACT AS THE AUTHORIZED REPRESENTATIVE OF THE CITY OF CORPUS CHRISTI IN THE ACCOMPLISHMENT OF THE CODE ENFORCEMENT PROGRAM; DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing resolution was passed by the following vote: Blackmon, Lozano, Bradley, de Ases, McDaniel and Roberts, present and voting "Aye"; Sizemore absent. RESOLUTION NO. 9734 INFORMING THE EC6NOMIC DEVELOPMENT ADMINISTRATION OF THE AVAILABILITY OF SUFFICIENT FUNDS TO PARTICIPATE IN THE PROCUREMENT OF THE WATER TRANSMISSION FACILITIES TO FURNISH WATER TO PADRE ISLAND, FLOUR BLUFF AND THE U.S. NAVAL AIR STATION, TAKING INTO ACCOUNT THE GRANT WHICH HAS HERETOFORE BEEN COM- MITTED TO THE ECONOMIC DEVELOPMENT ADMINISTRATION, AND EXPRESSING THE WILLINGNESS OF THE CITY OF CONTINUE TO MAKE SUCH FUNDS AVAILABLE FOR THE AWARDING OF CONTRACT, IF AND WHEN THE SAME IS APPROVED; DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing resolution was passed by the following vote: Blackmon, Lozano, Bradley, de Ases, McDaniel and Roberts, present and voting "Aye"; Sizemore absent. There being no further business to come before the Council, the meeting was adjourned.