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HomeMy WebLinkAboutMinutes City Council - 05/25/1970 - SpecialMINUTES CITY OF CORPUS CHRISTI, TEXAS SPECIAL COUNCIL MEETING May 25, 1970 2:00 p.m. PRESENT: Mayor Jack R. Blackmon Mayor Pro Tem Gabe Lozano, Sr. Commissioners: Eduardo E. de Ases Ken McDaniel W. J. Roberts City Manager R. Marvin Townsend Assistant City Attorney Jim Riggs 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 that Application 01269-4, Mr. Robert F, Alexander, for change of zoning from "R -1B" One -family Dwelling District to "B-4" General Business District, on a 4.357 -acre tract of land out of Lot 29, Section 18, Flour Bluff and Encinal Farm and Garden Tracts, located on the North side in the 6700 Block of Holly Road, which was set for hearing by the Council April 2, 1970, had been withdrawn by the applicant by letter dated April 21, 1970. Mayor Blackmon announced the public hearing on Application 0470-1, Bob E. Rice, for change of zoning from "R -1B" One -family Dwelling District to "B-1" Neighborhood Business District, on a portion of Lot 14, Section 53, Flour Bluff and Encinal Farm and Garden Tracts, fronting 260' in the 2900 Block of Waldron Road and having a depth of 125' located North of the Van Galen Ditch and South of Rice's Shady Grove Mobile Home Pork. Senior City Planner Larry Wenger pointe out the existing zoning and land use in the surrounding area stating that the subject property fronts 260 feet on Waldron Road and i$ pro- posed for the expansion of his existing business center, which will be used in conjunction with the mobile home park proposed by the applicant on the rear 6 -acre portion of this property. He stated that at the Commission hearing held April 14, 1970, the applicant appeared and explained that this proposed neighborhood center would be for the convenience of the occupants of his existing and proposed mobile home park, including such uses as a laundromat, barbershop, beautyshop, or other similar -type facilities. Mr. Wenger stated that prior to the Commission • Minutes Special Council Meeting May 25, 1970 Page 2 hearing the Staff mailed out six notices, none received in favor nor in opposition, and that it was the recommendation of the Commission that the request be approved as submitted. He stated it was the Staff's opinion that the proposed development would not be a logical zone for this property since it would tend to further extend the "B-1" zoning along Waldron Road; that the existing "B-1" zoning is all that is needed for this area since directly to the north less than 1/4 mile, there is planned a major business area of 5.5 acres which is already zoned for business. Mr. Bob Rice, applicant, appeared and explained that this proposed neighborhood center would be for the convenience of bccupants bf his existing and proposed mobile home park. He stated that the center is proposed for small -type business uses; that it is not for investment purposes; that there is not a Laundromat nearer than two miles from the business center; that because of the adjacent mobile home park, there is a high population density and for that reason the expansion is needed. No one appeared in opposition to the foregoing application. Motion by Roberts, seconded by Lozano and passed, that the recommendation of the Planning Commission be concurred in and that Application #470-1, Mr. Bob E. Rice, for change of zoning from "R -1B" One -family Dwelling District to "B-1" Neighborhood Business District, on a portion of Lot 14, Section 53, Flour Bluff and Encinal Farm and Garden Tracts, fronting 260' in the 2900 Block of Waldron Road and having a depth of 125', located North of the Van Galen Ditch and South of Rice's Shady Grove Mobile Home Park, be approved as requested, and that an ordinance be brought forward granting the change. Mayor Blackmon announced the public hearing on Application #470-3, First Assembly of God Church, for change of zoning from "A-1" Apartment House District to "A-2" Apartment House District on all of Lot 6, (5.385 acres) H. E. Butt Tract, located at 3401 South Alameda Street. Larry Wenger pointed out the existing zoning and land use in the surrounding area and stated that a 15 -story high-rise retirement complex for senior citizens is proposed for the subject property which will be located at the rear of the existing church building; stated that at the Com- mission hearing held April 14, 1970, Reverend Maurice Cadwalder, Pastor of the First Assembly of God Church, described the proposed development stating that the high-rise retirement complex • Minutes Special Council Meeting May 25, 1970 Page 3 will accommodate a kitchen, gymnasium and amphitheatre for the middle-income bracket of senior citizens age 62 & above, and that additions to the existing church building is included in the proposal. Mr. Wenger stated that there was no opposition at the hearing; that prior to the hearing, the Staff mailed out sixteen notices, three received in favor and two in opposition; that it was the recommendation of the Planning Commission that the request be approved as submitted, and that it was the Staff's opinion that the proposed development would be a com- patible use because of its location on South Alameda; that the Staff had withheld their opinion until the plans were submitted, and noted after viewjing the plan, that the increase to approxi- mate! y 1,000 seating capacity of the Church would decrease the parking retie and a building permit could not be obtained. Reverend Cadwalder presented model of the proposed development; explained that a year ago their church was located across the street from Thomas -Spann Hospital on Brownlee, and they traded facilities with Alameda Baptist Church, and that after the property became available, the church discovered that there was ample property to build the proposed retirement complex. He stated that the project would be financed for the most part by a Federal loan and that the Church would become the parent sponsored partner. He stated that they have received over 262 applications for occupancy of the proposed 13 units which is an indication of the need for the low rent housing such as proposed. He explained that they feel that by financing through the government they would be able to offer the apartments at a reasonable rate and still amortize the loan. He stated the development will be situated well away from any residential areas; that no public street will cross the property; that no ethnic distinctions will be made, and will generally provide the answer to a very difficult community problem. Mr. M. K. Doerr, 522 Ralston, spoke in favor of the proposal and stated he was in agreement with the presentation of Reverend Codwalder. Mr. Hubert Miller, 1424 Fern, owner of Lot 5R, Butt Tract, spoke in opposition, stating that he did not oppose housing for the elderly, but did not agree that the money should come from the taxpayers if it is to be sponsored by the church; stated that the development would increase population density and create serious traffic problems, and that if this zoning is granted, it would encourage others to apply for "A-2" which would be justified. He further stated that the area is • Minutes Special Council Meeting May 25, 1970 Page 4 too small for the number of units proposed to be in compliance with the regulations; that the height of the building would destroy the privacy of the residents for an area of two miles surrounding the complex. Reverend Cadwalder stated the expansion is divided into three areas which are entirely separate, and that he does not feel the density will exceed the acreage ratio. He further explained that because retired people are less "vehicularly mobile," there will not be additional traffic generated by this use. Motion by de Ases, seconded by Roberts and passed, that the hearing be closed. Motion by McDaniel, seconded by Roberts and passed, with de Ases voting "Nay", that the foregoing application be tabled for further consideration. Mayor Blackmon announced the public hearing on Application 4470-4, Israel Lopez, et al, for change of zoning from "R-2" Two-family Dwelling District to "B-1" Neighborhood Business District, on Lots 4 & 5, Block 2, Dahlia Terrace, located at 2617 and 2621 Ayers Street. Larry Wenger presented the request and pointed out the existing zoning and land use in the surrounding area, stating that the property is proposed for a day-care center and a reweaving shop combined with a flower shop. He stated that at the Planning Commission hearing held April 14, 1970, the applicant stated that there is only one other day-care center in the entire Del Mar College area. He explained that Mr. William Hargis, brother-in-law of Mr. Lopez and his sister own Lot 4, and are co -applicants of the zoning request; that no one appeared in opposition at the hearing; that prior to the hearing, the Staff mailed out fifteen notices, two received in favor and none in opposition; that it was the recommendation of the Commission that the request be approved as submitted and that the Staff concurred in this recommendation as this would be a compatible use since the service drive and parking lot in front of the existing building is adequate for their needs. Mr. Lopez, applicant, spoke in support of the request stating that he owns Lot 5 of the application and his sister and brother-in-law own Lot 4, and explained that they wish to expand their reweaving shop combined with a flower shop. He stated that the day-care center is needed and that the proposed building has the approval of the City Inspection Department and the Health Department. Minutes Special Council Meeting May 25, 1970 Page 5 Mr. W. H. Stahl, 4901 Kostoryz, stated he was violently opposed to the application if it had been initiated by the City of the Planning Commission. It was pointed out that Mr. Lopez and Mr. and Mrs. William Hargis were co -applicants of the request. Motion by McDaniel, seconded by de Ases and passed, that the hearing be closed. Motion by de Ases, seconded by McDaniel and passed, that the recommendation of the Planning Commission be concurred in and that Application #470-4, Israel Lopez, et al, for change of zoning from "R-2" Two-family Dwelling District to "B-1" Neighborhood Business District, on Lots 4 & 5, Block 2, Dahlia Terrace, located at 2617 & 2621 Ayers Street, be approved as requested and that an ordinance be brought forward effectuating the change. Mayor Blackmon announced the public hearing on the Appeal of Dollar Land Corporation, Ltd., relative to Special Use Permit #70-9, for a circus or carnival grounds with kiddie rides for a two-year period, 1970 & 1971, on a 2 -acre portion (300' x 300') out of Block A, Parkdale Shopping Center, located in the 4100 Block of South Staples Street. Larry Wenger explained that the Planning Commission heard the subject request April 14, 1970, at which time the Dollar Land Corporation was not represented. He stated that the Staff at that time pointed out that these uses would not be a continuous operation, and that the request would relieve organizations of making a request for each event held on the parking lot. Mr. Wenger pointed out on the map the existing zoning and land uses in the surrounding area; stated that no one appeared at the hearing in favor or in opposition; that prior to the hearing the Staff mailed out six notices, none received in favor nor in opposition; that it was the recommendation of the Planning Commission that the request be denied. City Manager Townsend pointed out that there had been difficulty for some time in making a distinction between what could be termed a carnival and the small amusement, or kiddie rides areas, and explained the inconvenience of requiring the applicant to go through the legal processes of advertising and notices required for a permit for temporary uses, pointing out that they are usually ready to operate when they come to town and do not have the time to go through this lengthy process. Art amendment to the ordinance to correct this difficulty, was discussed. • Minutes Special Council Meeting May 25, 1970 Page 6 Mr. Edmond J. Ford, Jr., attorney, spoke on behalf of the Dollar Land Corporation and stated that denial of the special use permit was probably due to the failure of the applicant to appear and present its case before the Planning Commission, not being aware of that necessity. He stated that the manager of Parkdale Plaza had assumed there would be no difficulty about securing.a.permit, and therefore, did not appear nor have counsel make presentation. In support of the request, he pointed out that the Staff had no objection to the request; that a series of similar uses have been made since Parkdale was established without complaint; that there would not be any abuse of the permit since any offensive use would result in detriment to the shopping center itself; that a series of applications at a cost of $80.00 per application has on adverse effect on both the applicant and the City, and is apparent that there is nothing to be gained by these continuing applications. He further explained that the area surrounding the use area is owned by the applicant and is approximately 2400' on South Staples, 3000' on its north side and in a triangular curve, 2400' on Gollihar, and that the area sought to be subjected to the special use permit is only 300' x 300' space in the approximate center of the South Staples Street area which allows for flexibility for any exact location for the operations. He stated there is adequate parking which would possibly be strained at certain seasons of the year, but that increased traffic carries out the promotional purposes of the merchants of the Shopping Center. Mr. Ford stated that the initial application did not limit the nature of the uses, but that he is suggesting that it be limited as follows: kiddie (a) use limited to temporary / rides or small circuses; (b) limitation of continuous use to a seven day period; (c) no more than one such endeavor every two months, except at Christmas; and (d) an extension of the special permit over a two-year period. Mrs. Dortha Kinsley, Resident Manager of Dollar Land Corporation, Ltd., stated they had applied for this type of permit on the suggestion of the Staff. Mr. Dave Coover, member of the Planning Commission and attorney representing Lichtenstein§' Inc., stated there could be no traffic problem; that traffic is what the merchants want; that the type of business is controlled by the merchants; and the shopping center is designed for heavy traffic. He pointed out that the limitation of continuous use could be discontinued anytime it becomes a nuisance, and that he is in favor of the permit with the limitations as stated by Mr. Ford. • Minutes Special Council Meeting May 25, 1970 Page 7 Mr. Simon Grossman, representing Carmel Shopping Center, stated he was opposed to the request on the basis it would create a serious traffic hazard, and suggested that the operation be located at the rear of the Shopping Center facing Gollihar Road away from the main parking area. Motion by de Ases, seconded by Roberts and passed, that the hearing; be closed. Motion by Roberts, seconded by de Ases and passed, that the Appeal of Dollar Land Corporation, Ltd., relative to Special Use Permit #70-9, for a circus or carnival grounds with kiddie rides for a two-year period, 1970 & 1971, on a 2 -acre portion (300' x 300') out of Block A, Parkdale Shopping Center, more fully described by metes and bounds on file in the Planning Office, located in the 4100 Block of South Staples Street, be sustained with the following limitations: (a) Use limited to temporary kiddie rides or small circuses; (b) limitation of continuous use to a seven day period; (c) no more than one such endeavor every two months except at Christmas; and (d) an extension of the special permit over a two-year period, and that an ordinance be brought forward effectuating the Special Use Permit. There being no further business to come before the Council, the Special Meeting was adjourned.