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HomeMy WebLinkAboutMinutes City Council - 06/09/1970 - SpecialMINUTES CITY OF CORPUS CHRISTI, TEXAS SPECIAL COUNCIL MEETING June 9, 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 Amador Garcia City Secretary T. Ray Kring Mayor Jack R. Blackmon called the meeting to order and stated the purpose of the Special Meeting was tothold public hearings and any other business as may properly come before the Council. He asked that it be noted that a quorum of the Council and the required Charter officers were present, and explained the procedure to be followed. City Manager Townsend stated a letter dated June 9, 1970, had been received from Mr. J. W. Gary, attorney representing Application #570-3, Sage Invest- ment Company, for change of zoning on two tracts of land in the 4700 Block along the South side of Padre Island Drive, and approximately 8 acres out of Lots 3 & 4, Oso Farm Tracts, which was scheduled for public hearing this date, stating he had been authorized to request that the application be withdrawn. It was agreed that Mr. Gary's letter constituted voluntary withdrawal of the application by the applicant, and was removed from the agenda. Mayor Blackmon announced the public hearing on Application #570-1, Mrs. Aurora Robelin, for change of zoning from "R -1B" One -family Dwelling District to "AB" Professional Office District, on Lot 10, Block 13, Del Mar Addition, located at 334 Southern Street. City Manager Townsend stated a letter dated June 8, 1970, had been received from Attorney James C. Martin, stating that neither he nor his client could be present for the scheduled hearing, and asked that the Council defer action on the matter until further notice from him. It was agreed that the Council could not, within the law, postpone the hearing; that those proponents and opponents who were present should be permitted to speak and that the hearing could be recessed following preliminary presentation by the staff and evidence presented by those present in the interest of the case. Senior City Planner Larry Wenger pointed out the location on the map and described the existing zoning and land use in the surrounding area; stated • • Minutes Special Council Meeting June 9, 1970 Page 2 that at the Commission hearing held May 12, 1970, the applicant stated she was seek- ing a special permit to continue the operation of her one -chair beauty shop since she had received a notice from the City Inspection Division that she was operating in violation of the zoning ordinance. She stated there have been no traffic problems, and that until she approached her neighbors for signatures on her petition, no one knew she was operating at this location. Mr. Wenger stated that she submitted a petition with eleven signatures in favor of the request; that there was considerable opposition at the hearing basically on the belief that it would destroy the residen- tial character of the neighborhood; and that a second petition was filed by the attorney for the opposition containing 63 signatures of persons in opposition. He stated that prior to the hearing,the Staff mailed out 36 notices, one received in favor and seven in opposition; that it was the recommendation of the Planning Com- mission that the request be denied, and that the Staff concurred in this recommda- tion. He stated the opposition registered places the case within the twenty percent rule category.. Mr. Frank Barker, attorney, spoke on behalf of the opponents stating he represented some 60 residents who feel this proposed operation will create addi- tional traffic and begin a breakdown of the residential neighborhood; that the street is too narrow for street parking and there is no room for parking within the premises; and that the applicant should seek to have the deed restrictions removed before applying for a special permit which would require a law suit. He stated her request does not qualify for a variance because it is neither a hardship nor of a unique nature, and that if a variance is granted it should exclude the operation of a beauty shop. Mrs. R. H. Shaddox, 433 Southern, speaking for herself and seven other residents present in the audience, stated that all had signed the petition in oppo- sition for the reasons stated by Mr. Barker. The motion by Bradley, seconded by McDaniel that the hearing be closed, failed to pass for lack of sufficient affirmative votes. Motion by de Ases, seconded by Roberts and passed, that the hearing on the foregoing Application #570-2, be recessed until July 8, 1970, and that the applicant and her attorney be so notified. • Minutes Special Council Meeting June 9, 1970 Page 3 Mayor Blackmon announced the public hearing on Application #470-5, Mrs. Charles Wright, for change of zoning from "A-1" Apartment House District to "B-1" Neighborhood Business District, on the West 100 feet of Block 3, Orr Subdivision, R. A. Rayne Tract, located on the northeast corner at 518 Park Avenue. Larry Wenger pointed out the existing zoning and land use in the surround- ing area stating that an antique shop and art gallery are proposed for the subject property, which fronts 110 feet on Park Avenue and 70 feet on South Carancahua Street; that being an older part of the City, it is developed with a mixture of uses; that at the Planning Commission hearing held April 28, 1970, Mr. Larry Urban had represented the applicant and explained the proposed development,and that no one appeared in opposition. Mr. Wenger stated that prior to the hearing the Staff mailed out thirteen notices, three received in favor and four 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 for an antique shop and art gallery subject to a plot plan meeting City ordinance requirements, and that the Staff concurred in this recommendation if restricted to an antique shop only and if adequate parking is provided. Mrs. T. J. Dineen, 535 South Carancahua, owner of Lot "A" stated she had no objection to the granting of a special permit if it is specifically for the applicant and for the proposed operation, but would strongly object to business zon- ing which could at any time detract from the present outward landscaping. Mrs. Birdie Ola Mitchell, 313 Cole Street, stated she concurred in the statement of Mrs. Dineen and that she was opposed to the change of zoning but had no objection to the granting of a special permit. Mr. Larry Urban, Urban Engineering, spoke on behalf of the applicant and submitted a plot plan which he stated meets the requirements of the Planning Commis- sion and the City Ordinance. He stated that this is one of the fine old homes in which Continental Interiors operated until about seven months ago and since that time, it has been vacant and is approaching a state of disrepair, and that it is extremely suitable for the proposed antique shop. He pointed out that past records show that antique shops do not require a lot of parking space, and that on -premises parking lots tend to give the undesired appearance of commercial operations. He further pointed out that Park Avenue is 40 feet wide at this point and on -street parking is not restricted; that the Church of Good Shepard parking lot across the ir • Minutes Special Council Meeting June 9, 1970 Page 4 street, if necessary, could be used for parking. No one appeared in opposition to the foregoing application. Motion by Bradley, seconded by Sizemore and passed, that .the hearing be closed. Motion by de Ases, seconded by Roberts and passed, that the foregoing Application #470-5, be tabled for further consideration of the parking provisions. Mayor Blackmon announced the public hearing on Application #470-2, South Texas Materials Company, for change of zoning from "F -R" Farm Rural District to "I-2" Light Industrial District, on a portion of land (150' x 300") out of Lot 15, Section 42, Flour Bluff & Encinal Farm & Garden Tracts, located on the West side of the 800 Block of Flour Bluff Drive. Larry Wenger pointed out the existing zoning and land use in the surround- ing area and stated that the request is for the renewal of a special permit which was granted by the City Council for a ready -mix concrete plant in August 1967, for an 18 -month period, which expired in February 1969, but the use has been continued. He stated that at the Commission hearing held April 14, 1970, Mr. Richard Sallee, appeared representing the applicant, and stated its main operation at this time is to furnish this ready -mix concrete to a contractor at the Naval Air Station, and that it was an advantage to have this plant at this particular location because cement trucks are more accessible to the Naval Base without using the City Streets. Mr. Wenger stated that Mr. Irving Dietz, Base Planning Engineer for the Naval Air Station Training Command, appeared and stated that a letter was being forwarded to the Council pointing out that the Command has no objection to the proposed use in the area, but that the granting of "I-2" zoning could permit construction of an industrial plant employing a large number of people, and that they wish to point out the objectionable features of concentrating large numbers of people in close proximity to an air training station, and suggested that a Special Permit be granted in lieu of the "I-2" classification. Mr. Wenger stated that no one appeared in opposition; that prior to the hearing, the Staff mailed out five notices, none received in favor and one 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 for a ready -mix concrete plant for a period of 18 months from the date of passage of the ordinance, and that the Staff concurred in this recommendation with a time limit of one year or 18 months. s Minutes Special Council Meeting June 9, 1970 Page 5 City Manager Townsend reported that a letter had been received from Mr. Tom Joseph, stating that the property was owned by Tomanet Corporation, and that they were not interested in having it re -zoned for a ready -mix concrete plant; that it was on a short term lease to South Texas Materials Company; that the owner has never been contacted in regard to re -zoning; and requested that the Council defer action until further informed by the owner. Mr. Townsend explained that the request is properly before the Council and within the law, but that the owners' opposition would affect the concept of the 20 percent rule. Mr. Townsend also read into the record the letter referred to by Mr. Wenger from the office of the Chief of Naval Air Advanced Training pointing out hazards of concentration of people in close proximity to an air training station. No one appeared in opposition to the foregoing application. Motion by Bradley, seconded by Roberts and passed, that the hearing be closed. Motion by Bradley, seconded by Sizemore and passed, with de Ages voting "Nay", that the recommendation of the Planning Commission be concurred in and that Application #470-2, South Texas Materials Company, for change of zoning from "F -R" Farm Rural District to "I-2" Light Industrial District, on a portion of land (150 x 300') out of Lot 15, Section 42, Flour Bluff & Encinal Farm & Garden Tracts, located on the West side of the 800 Block of Flour Bluff Drive, be denied, but in lieu thereof a Special Permit be granted for a ready -mix concrete plant for a period of 18 months from the date of passage of the ordinance, and that an ordinance be brought forward effectuating the change. Mayor Blackmon announced the public hearing on Application #570-4, Ocampo R. Cuellar, for change of zoning from "R-2" Two-family Dwelling District to "AB" Professional Office District, on Lots 39 & 40, Block 3, Prescott Park, Unit #4, located in the 1600 Block of Karen Drive. Larry Wenger pointed out the existing zoning and land use in the surround- ing area, stating the property in question fronts 130 feet on Karen Drive and is vacant at the present time; stated that at the Commission hearing held May 12, 1970, the applicant was present and explained that he proposes to construct an office building to conduct business transactions, such as income tax returns, bookkeeping, • Minutes Special Council Meeting June 9, 1970 Page 6 and notary service. Mr. Wenger stated that no one appeared at the hearing in oppo- sition; that prior to the hearing the Staff mailed out 22 notices, none received in favor and one in opposition; that it was the recommendation of the Planning Commis- sion that the request be approved, and that the Staff's comments were that the existing "R-2" zoning was provided as a buffer between the business zoning and resi- dential zoning, but that "AB" would also serve as a buffer in this instance. The applicant, Mr. Ocampo R. Cuellar, spoke in support of the request, stating that he had contacted 22 persons who were in favor of the zoning change as requested; stated that at the time he purchased the property he had not been furnished with a copy of the deed restrictions on the land; that he had no plans to file suit to remove the deed restrictions; that the City is aware of the use as is reflected on his tax statement; and that he is only interested in his being allowed to construct the proposed office building for conducting the type business as stated by Mr. Wenger. Mr. Richard Hatch, attorney, spoke in opposition on behalf of Mr. Harry Weisman, president of the American Home Builders, Inc. at 4451 Gollihar, and owner of the Prescott Shopping Center, and stated that Mr. Weisman had submitted his objec- tions in writing and in detail before the Planning Commission hearing, basically that there are deed restrictions on the land; that the area for parking is inadequate and the applicant's tenants will be using Mr. Weisman's parking lot; that the "R-2" zoning was provided as a buffer between the business zoning and the residential zoning; that an injustice would be imposed upon the tenants of his shopping center if the parking area is further crowded, and that he has an obligation to them to provide parking; that the competition would be undesirable; and further, that the applicant should have known that all land does have deed restrictions and should have inquired into this aspect. Mrs. Eluterior 0. Martinez, 2101 Shirley Drive, stated she is not one of Mr. Weisman's tenants, but that she had filed a complaint in writing against the unkempt and unsanitary condition of Mr. Weisman's shopping center, stating it was filthy and infested with rodents. Mr. Cuellar stated that his proposed business would only require space for six cars, and that he would have his own on -premises parking lot. He added that if the application is not granted, he will build a residence on the property and join Mrs. Martinez in her suit against Mr. Weisman's unsanitary premises. Minutes Special Council Meeting June 9, 1970 Page 7 Motion by Lozano, seconded by Sizemore and passed, that the hearing be closed. Motion by Lozano, seconded by Roberts and passed, McDaniel abstaining, that the recommendation of the Planning Commission be concurred in and that Appli- cation #570-4, Ocampo R. Cuellar, for change of zoning from "R-2" Two-family Dwelling District to "AB" Professional Office District, on Lots 39 & 40, Block 3, Prescott Park, Unit #4, located in the 1600 Block of Karen Drive, be approved as requested, and that an ordinance be brought forward effectuating the change. Mayor Blackmon announced the public hearing on Application #570-1, Buford Nicholson, for change of zoning from "R -1B" One -family Dwelling District to "A-1" Apartment House District, on approximately an 11.573 -acre tract of land out of Lots 28 and 29, Section 13, Flour Bluff & Encinal Farm & Garden Tracts, having a frontage of 695' and a depth of 774', located in the 6000 Block of Holly Road. Larry Wenger pointed out the existing zoning and land use in the surround- ing area, stating that an apartment complex is proposed; that there are three single-family dwellings under construction along Lucinda Lane and the existing dwellings; stated that at the Commission hearing held May 12, 1970, Mr. Edwin Prichard, attorney representing the applicant, appeared and pointed out that this would be an extension of the garden -type apartment project to the north which is now under construction and is an expansion of the Gulfway-Airline Park Subdivision located immediately adjacent to the west. Mr. Wenger stated that no one appeared in opposition; that prior to the hearing the Staff mailed out ten notices, seven 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 Staff's recommendation was that it should remain zoned "R -1B" One -family Dwelling District. No one appeared in opposition to the foregoing application. Motion by Roberts,seconded by de Ases and passed, that the hearing, be closed. Motion by Roberts, seconded by de Ases and passed, that the recommenda- tion of the Planning Commission be concurred in and that Application #570-1, Buford Nicholson, for change of zoning from "R -1B" One -family Dwelling District to "A-1" Apartment House District, on approximately an 11.573 -acre tract of land out of Lots 28 and 29, Section 13, Flour Bluff & Encinal Farm & Garden Tracts, having a frontage of 695 feet and a depth of 774 feet, located in the 6000 Block of Holly Road, be Minutes Special Council Meeting June 9, 1970 Page 8 approved as requested, and that an ordinance be brought forward effectuating the change. Mayor Blackmon announced the public hearing on Application #470-7, P. W. Sadler & John 0. Pierson, for change of zoning from "R -1B" One -family Dwelling District & "B-4" General Business District to "I-2" Light Industrial District, on Lots 7, 8, 18 & 19, Block 6, Flour Bluff Point, located at 10030 South Padre Island Drive. Larry Wenger pointed out the zoning classifications in the surrounding area; stated that at the Planning Commission hearing held April 28, 1970, Mr. John Pierson, co-owner, appeared and explained that a retail hardware and building materials store had been in operation for over twenty years on Lots 7 & 8, and that with the expanding growth of Flour Bluff and Padre Island, more business has developed and more is needed for expansion of the present operation. Mr. Wenger stated that there was no opposition expressed at the hearing; that prior to the hearing the Staff mailed out fourteen notices, two received in favor and two in opposition; that it was the recommendation of the Planning Commission that the application be denied, but in lieu thereof a Special Permit be granted for a hardware and building materials store with proper screening, parking, storage areas, and access, according to Plot Plan "B" as approved by the Commission. Mr. Wenger stated that it was the Staff's opinion that the "I-2" zoning, if approved on lots fronting on Dema Drive, would have a detrimental effect on properties east, west, and north of these lots; that there is now a continuity of business uses along both sides of Padre Island Drive, and that industrial uses should not be allowed since this is the main route to Padre Island National Seashore. Mr. E. J. Kane, realtor, spoke in favor of the request stating that the parking area is needed to avoid extremely hazardous traffic conditions on Padre Island Drive in getting on and off the Highway. He stated the applicants will abide by all restrictions set out by the Planning Commission in Plot Plan "B" including the screening fence to conceal the outside storage. No one appeared in opposition to the foregoing application. Motion by Sizemore, seconded by Roberts and passed, that the hearing be closed. • Minutes Special Council Meeting June 9, 1970 Page 9 Motion by Bradley, seconded by Roberts and passed, that Application #470-7, P. W. Sadler & John 0. Pierson, for change of zoning from "R -1B" One - family Dwelling District & "B-4" General Business District to "I-2" Light Indus- trial District, on Lots 7, 8, 18 & 19, Block 6, Flour Bluff Point, located at 10030 South Padre Island Drive, be approved, subject to the applicants constructing a standard screening fence shown on the approved site plan, and compliance with all other conditions set forth by the Planning Commission, and that an ordinance be brought forward effectuating the change. Mayor Blackmon announced the public hearing on Application #470-10, Planr ning Commission, for change of zoning from "R-2" Two-family Dwelling District & a Special Permit to "B-1" Neighborhood Business District; "AB" Professional Office District to "B-1" Neighborhood Business District, all located in the 2600 Block of Ayers Street; and "R-2" Two-family Dwelling District to "B-4" General Business District located in the 2400 Block of Ayers Street. Larry Wenger pointed out the location of the properties on the zoning and land use map, and stated that the request had been initiated by the Planning Commission to make the zoning along Ayers Street, from Staples to Port, more con- sistent. He explained that there are various uses along Ayers Street along both sides, and described these uses. He stated that at the Commission hearing held April 28, 1970, no one appeared in opposition; that prior to the hearing the Staff mailed out 28 notices, two received in favor and one in opposition; that it was the recommendation of the Planning Commission that it be approved as requested, and that it was the Staff's opinion that this is, and has been, an area in transition for a period of years, and because of the various business uses along Ayers Street on both sides of these lots, it would be unlikely that they will be developed as duplexes as presently zoned. Mr. Joe Lugo Lopez, 2705 Ayers, owner of Lot 2, Block 2, Dahlia Terrace, spoke in favor of the request stating that he now operates an upholstery shop under a Special Permit at the rear of his lot and would like to move it to the front of his property facing Ayers Street. Mr. W. H. Stahl, 4901 Kostoryz, stated the property should have been zoned for business years ago, but that he was in opposition because it had been Minutes Special Council Meeting June 9, 1970 Page 10 initiated by the Planning Commission. He inquired as to the legal owners of the properties in question, and Mr. Townsend pointed out on the map the owner of each lot. Motion by Bradley, seconded by Sizemore and passed, that the hearing be closed. Motion by Bradley, seconded by de Ases and passed, that the recommenda- tion of the Staff be concurred in and that Application #470-10, Planning Commission, be approved as follows: (1) From "R-2" Two-family Dwelling District to "B-1" Neighborhood Business District, on Lots 1 & 6, Block 2, Dahlia Terrace; (2) from "R-2" Two-family Dwelling District & a Special Permit for an Auto Upholstery Shop to "B-1" Neighborhood Business District, on Lot 2, Block 2, Dahlia Terrace; (3) from "AB" Professional Office District to "B-1" Neighborhood Business District, on Lot 3, Block 2, Dahlia Terrace, all located in the 2600 Block of Ayers Street; and (4) from "R-2" Two-family Dwelling District to "B-4" General Business District, on Lots 2R thru 6R, Block 1, Dahlia Terrace, located in the 2400 Block of Ayers Street, and that an ordinance be brought forward effectuating the foregoing changes. There being no further business to come before the Council, the meeting was adjourned.