HomeMy WebLinkAboutMinutes City Council - 11/30/1970 - SpecialMINUTES
CITY OF CORPUS CHRISTI, TEXAS
SPECIAL COUNCIL MEETING
November 30, 1970
2:00 P. M.
PRESENT:
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
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Mayor Pro Tem Gabe Lozano called the meeting to order in the absence of
Mayor Blackmon, and stated the purpose of the Special Meeting was to hold public
hearings on six zoning cases and any other business as may properly come before the
Council. He noted that a quorum of the Council and the required Charter officers
were present, and explained the procedure to be followed.
Senior City Planner Larry Wenger presented Application #1070-3, Gibson
Discount Center, for change of zoning from "B-1" Neighborhood Business District
to "B-4" General Business District, on Block A, Casa Linda Estates, Unit 4, located
at 1330 Kostoryz Road. He pointed out the existing land use and zoning classifica-
tions in the surrounding area as being predominately single-family dwelling uses
on three sides, and explained that this request is for the replacement of a sign
which was damaged by Hurricane Celia. He stated that the request was heard by the
Planning Commission October 13, 1970, at which time Mr. C. B. Woodson, owner and
operator of Gibson Discount Center, appeared and stated that he was in the process
of reconstructing the sign when he was given notice by the Building Division to
discontinue the erection, Mr. Wenger stated that three persons appeared in oppo-
sition; that prior to the hearing, the Staff mailed out 43 notices, two received in
favor and 12 in opposition, that 59 letters were received in favor from persons
outside the 200 -foot notification area, and one received in favor after the public
hearing. He stated that the opposition registered places the case under the
20 per cent rule, He explained that the Commission tabled the request for two
weeks in order to resolve the legal problems to permit erection of the sign without
a change in zoning or a special permit; that on October 27, 1970, Assistant City
Attorney Bob Coffin, reported that the Board of Adjustment had granted a variance
for the original sign, but the existing "B-1" zoning did not allow this size sign
and since it was over 50% destroyed, it could not be rebuilt under a nonconforming
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Minutes
Special Council Meeting
November 30, 1970
Page 2
status. Mr. Woodson had indicated that the proposed sign would be 24' x 24' with
a 20' base and would be 41' in height. The final recommendation of the Planning
Commission was that the request be denied, and it was the opinion of the Staff that
the request be denied but that a Special Permit be granted for the erection of the
damaged sign, providing it is non -flashing and does not shine into the adjacent
residential areas.
Mr. Charles M. Keranan, 3218 Casa Bonita, spoke in opposition, stating
that the residents on Casa Bonita and Orlando Drive are opposed to the change of
zoning to "B-4", but do not object to the replacement or construction of a new sign.
He stated a petition had been submitted containing seventeen signatures of Casa
Linda residents in opposition to the requested change of zoning as being detrimental
and not in the best interest of the neighborhood.
Motion by McDaniel, seconded by Bradley and passed, that the hearing be
closed.
Motion by Bradley, seconded by Roberts and passed, that the foregoing
zoning application be tabled for further consideration.
Larry Wenger presented Application #1070-6, W. F. Seay & Others, for
change of zoning from "R -1B" One -family Dwelling District to "B-4" General Business
District, on all of Lots 2 through 10, Block 3, Arcadia Subdivision, located between
Florida Avenue and South Staples Street, fronting approximately 650' along South
Staples Street. He explained that the subject property consists of nine lots front-
ing on Florida Avenue presently developed with single-family dwellings except for
one vacant lot; pointed out various uses in the surrounding area - Del Mar College
to the west; numerous drive-in restaurants, a service station and a washateria, to
the east, and BelAire Shopping Center located to the south. Mr. Wenger pointed
out that all uses in the "B-4" classification will be permitted if the request is
granted. He stated that at the Commission hearing held October 27, 1970, Mr. Frank
Tompkins, realtor,spoke on behalf of the applicants, stating that it was his opinion
that the proposed business zoning would not be a detriment to the property owners
in Arcadia Subdivision but would be the highest and best use of the property. Mr.
Wenger stated there was considerable opposition at the hearing, generally on the
basis that the proposed zoning change would be an encroachment into an established
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Minutes
Special Council Meeting
November 30, 1970
Page 3
residential area and would create a serious traffic problem; stated that prior to
the hearing the Staff mailed out 39 notices, one received in favor and nine in oppo-
sition; that a petition had been submitted representing 104 properties in opposition.
He stated that the final recommendation of the Planning Commission was that the request
be denied, but in lieu thereof, a Special Council Permit be granted encompassing
"B-4" uses with the requirement that a standard screening fence be erected on the
right-of.way line of the property facing Florida Avenue; and that it was the Staff's
opinion that it be denied as being an illogical extension of the existing zoning,
that it would be detrimental to the residential properties along Florida Avenue,
that the property is too shallow for an adequate business use, and if developed for
business, would create serious traffic problems.
Attorney Michael Kendrick spoke on behalf of the applicants, owners of
Lots 2 through 11, pointing out that the application before the Council at this time
is for the requested "B-4" zoning and not for the Special Permit encompassing "B-4"
uses. Mr. Kendrick stated he proposed to present testimony from real estate appraisers
who are familar with zoning throughout the City as to their opinions relative to the
effect this change in zoning would have on the neighborhood, demonstrate that this
property has deteriorated through the years, and that the continued deterioration
of these properties will adversely affect the values of the properties across the
street which are now nice restieitial homes, and that the proposed zoning will
actually safeguard and further their best interests. Mr. Kendrick stated that if
the zoning is granted, they will file covenants for the protection of adjacent
property owners relative to type of buildings and screening fences.
Mr. Frank Tompkins, realtor, presented colored slides of the homes located
on the subject properties, pointing out that some of them are in need of repaira,and
that some people have been reluctant to improve or maintain their homes particularly
since Hurricane Celia; that two previous applications for business zoning on the
prope*ty had been made in 1965 and another in 1969, and some of these have indicated
they would be interested in relocating their businesses here if the zoning request
is approved. He described the proposed screening fence as being similar to the City's
standard screening fence or a type suggested by the Commission, stating they would
be willing to do anything reasonable relative to fencing in order to acquire the zoning.
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Minutes
Special, Council Meeting
November 30, 1970
Page 4
He stated that traffic is a problem, already, and felt that a few more businesses.
would not increase the traffic to any great extent; that denial of the request mould
pot improve the existing traffic situation; and that there will be no ingress or egress
onto Florida Street. He presented a petition containing the signatures of 65 persons
(some of both husband and wife) in favor of the requested "S-4" zoning, stating they
feel that with the proper screening fence on Florida Avenue, the area will be enhanced
from what now exists.
Mr. John Erickson, realtor and independent appraiser, stated he had recently
viewed the properties in question, and find they reflect an almost blighted area due
to the Staples Street business zoning; stated that the proposed fence would be far
more attractive than the present residential properties; that traffic is heavy and
not condusive to private owner investments. Mr. Erickson pointed out other good
residential areas in the City adjacent to business districts which face a screening
fence and are not considered bad planning.
The question of how the area between the proposed screening fence and the
sidewalk would be maintained arose, and Mr. Kendrick stated that maintenance of the
area would be included in the restricted covenants if this is required.
Mr. Roy Temple, real estate appraiser, stated that he had had occasion
to inspect the Arcadia Subdivision on a consulting basis three times recently with
respect to the subject zoning situation, and stated the lots in question are in a
bad state of deterioration to the point of being unsightly, and that he does not see
anything to indicate that this condition will be improved; that it is his opinion
that the requested zoning is the highest and best use of the land, and that the
subdivision would not be adversely affected, including the lots across the street on
Florida Avenue, if property screen as proposed, but would be an enhancement.
Mr. Kendrick presented the covenants which he stated had been reviewed by
the Legal Staff; stated that of the numerous persons who appeared at the Commission
hearing in opposition, he felt, in fairness to the applicants, the Council should
consider who they were and not how many, also stated that some of those in opposition
then are now in favor after viewing pictures of the proposed screening fence. He
stated that this area is particularly suited to the small type of businesses as now
exist, and that ultimately this area will be used for that purpose; that it would
not represent "spot zoning"; that the depth of the lots is adequate with proper
Minutes
Special Council Meeting
November 30, 1970
Page 5
planning; that the property would never be developed by the nine separate owners,
but that it will be sold and they have exclusive sale rights.
Mrs. Wallace Benedict, 1150 Florida, spoke in opposition on behalf of
residents of Arcadia Subdivision. She stated that the 46 persons whose names appeared
on the petition submitted before the Planning Commission are still very strongly
opposed to the requested "B-4" zoning. She pointed out that all homes, with exception
of the eight within the subject request, are well kept homes of persons who have
owned and lived in them for many years and do not want businesses at their front
doors; stated that the lots referred to as fronting on South Staples are platted
and front on Florida Avenue; stated that the Traffic Engineer had concurred that
the additional businesses would increase traffic which would be extremely dangerous
to the residential area; that there are some nine food establishments already exist-
ing in the immediate area and feels that is quite enough; stated that anyone going
into business in this area would hope for some traffic from other than Staples
Street; pointed out that if the proposed screening fence is blown or torn down there
would be no way to force the developer to rebuild it, and that other examples
throughout the City show that the area between the fence and the sidewalk would
never be kept clean, She stated these residents feel that the requested "B-4"
zoning would be a detriment and definitely not an enhancement.
Others appearing in opposition were Mr. Charles Bolton, 1122 Logan;. Mrs.
Laura B. Gilpin, 1106 Tyler; Mrs. Christine Ragland, 1157 Florida; Mrs. Edith
Kennedy, 1115 Tyler; Mr. and Mrs. Wayles M. Price, 1113 Logan; Mrs. C. 0. Haynie,
1117 Tyler; Wm. A. Christian, 1080 Florida; Mrs. W. E. Brown, 1109 Tyler; Mr. Frank H.
Anderson, 1129 Florida; Mr. and Mrs. R. E. Raasch, 1105 Florida; Mrs.A. E. Harvey,
1118 Logan; Mrs. Robert E. Finch, 1114 Logan; Mrs. Ralph C. Young, 1105 Tyler;
and Mrs. H. C. Peaster, 1142 Florida.
Mr. Bert Roscoe, developer of BelAire Shopping Center, spoke in opposi-
tion, stating that the proposed fence would not be a thing of beauty; that the
area between the fence and the sidewalk would be difficult to maintain; and that
the development of numerous small businesses with individual driveways could cause
a traffic problem.
Mr. Kendrick denied the implication that the owners of the nine pieces
of property included in this application had conspired to let their properties run
Minutes
Special Council Meeting
November 30, 1970
Page 6
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down for the purpose of getting it rezoned, pointing out that the majority of those
people most affected by the change are in favor of it, and that some of those in
opposition are as much as 300 feet away. He explained that the reason these nine
houses have deteriorated more than others in the area, is the fact that they face
on South Staples Street.
Motion by Roberts, seconded by Bradley and passed, that the hearing be
closed.
Motion by Roberts, seconded by Sizemore and passed, that the foregoing
Application #1070-6, W. F. Seay & Others, be tabled for further consideration.
Larry Wenger presented Application #970-2, Dr. S. K. Stroud, for change
of zoning from "R -1B" One -family Dwelling District to "B-4" General Business District,
on Alameda Estates, Unit 5, located at 442 Robert Drive. He pointed out the existing
zoning and land use in the surrounding area, and stated that a general business and
office use is proposed for the property. He stated that the Planning Commission
heard the request September 1, 1970, at which time Mr. Tom Swantner, realtor, spoke
on behalf of the applicant stating that Dr. Stroud is negotiating with several
people about the possibility of developing a "8-4" use. He stated that no one
appeared in opposition; that prior to the hearing, the Staff mailed out twenty-two
notices, three received in favor and none in opposition; that it was the final recom-
mendation of the Commission that the request be denied, but in lieu thereof, a
Special Council Permit be granted for a memorial swim center, according to the plot
plan approved by the Commission October 27, 1970; and that it was the Staff's
opinion that "B-4" is too broad a classification for this property, and that "AB"
or "B-1" would be better suited because of the size and location of the tract.
Mr. Tom Swantner, real estate broker, appeared on behalf of the applicant,
and stated they are applying for "8-4" zoning because they would like to have the
flexibility under this classification and that some of the people with whom negotia-
tions are under way are not agreeable to the "B-1" classification. He described the
proposed use of the land as small businesses such as a grocery store or a combina-
tion of a drug store with office space, that a building containing a 50' x 75'
swimming pool and an outdoor jogging trail will also be included, that ingress and
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Minutes
Special Council Meeting
November 30, 1970
Page 7
egress will be on Robert Drive, and that each parking space has been enlarged to
180 square feet as required by the Zoning Ordinance. He described plans for
screening fences and Oleander hedges, and stated it was his opinion that the pro-
posed development would be an asset to the City and that this was a logical request
because it is an extension of the present "B-4" zoning on the adjoining tract at
the location of Town & Country Shopping Center. He stated that they are not interested
in large signs.
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 McDaniel, seconded by Sizemore and passed, that the recommendation
of the Planning Commission be concurred in and that Application #970-2, Dr. S. K.
Stroud, for change of zoning from "R -1B" Ome-family Dwelling District to "B-4"
General Business District, on Alameda Estates, Unit 5, located at 442 Robert Drive,
be denied, but in lieu thereof a Special Permit be granted for a memorial swim
Center, according to a plot plan approved by the Commission October 27, 1970, with
the further provision that all "B-1" uses be permitted, and that an ordinance be
brought forward effectuating the Special Permit.
Larry Wenger presented Application #1070-1, Currie Seed Company, for
change of zoning from "R -LB" One -family Dwelling District to "B-4" General Business
District, on a 2,071 -acre portion out of Lot 26, Section 2, Flour Bluff & Encinal
Farm & Garden Tracts. He pointed out the location of the property on the zoning
and land use map and stated that an expansion of the present nursery business
located at 909 South Staples Street is proposed for the property. He stated that
the request was heard by the Planning Commission October 13, 1970, at which time Mr.
J. B. Wright, President of the Currie Seed Company, appeared on behalf of the
request. Mr. Wenger stated that there had been no opposition; that prior to the
hearing the Staff mailed out sixteen notices, none received in favor nor in oppo-
sition, and that one•wes received in favor after the hearing outside the 200 -foot
notification zone; that it was the recommendation of both the Commission and the
Staff that the request be approved as submitted.
Minutes
Special Council Meeting
November 30, 1970
Page 8
No one appeared in opposition to the foregoing request.
Motion by Bradley, seconded by de Ases and passed, that the recommendation
of the Planning Commission and the Staff be concurred in and that Application #1070-1,
Currie Seed Company, for change of zoning from "R -1B" One -family Dwelling District to
"B-4" General Business District, on a 2.071 -acre portion out of Lot 26, Section 2,
Flour Bluff , Encinal Farm & Garden Tracts, located in the 4800 Block of South•
Staples Street, be approved as requested, and that an ordinance be brought forward
effectuating the change.
Larry Wenger presented Application #1070-2, Russell Cassara, for change.
of zoning from "R -IB" One -family Dwelling District to "R-2" Two-family Dwelling
District, on Lots 11 and 12, Block 1, Perry's Estates, located at 1602 Amber Street.
He stated the request was heard by the Planning Commission October 13, 1970, at
which time it was explained that two duplex buildings are proposed for the subject'.
property; that no one appeared in favor nor in opposition; that prior to the hear-
ing the Staff mailed out thirteen notices, none received in favor and one in oppo-
sition; that it was the recommendation of both the Commission and the Staff, that
the request be denied, on the basis that the requested change would tend to break
down the established residential area.
Mr. Russell Cassara spoke in support of the request stating that there is
a need for more apartments in this area since there are more requests from Navy
personnel tenants than there are available apartments.
City Manager Townsend reported that a letter in opposition had been.
received since the Commission hearing from Mr. and Mrs. Sam R. Niemann, 1537 Amber
Drive, stating they are not opposed to additional apartments, and conceded there is
a shortage, but are concerned as to other uses permitted under this classification.
No one appeared in opposition to the foregoing zoning request.
Motion by Bradley, seconded by Roberts and passed, that the hearing be
closed.
Motion by Roberts, seconded by McDaniel and passed, that the recommendation
of the Planning Commission be concurred in and that Application #1070-2, Russell
Cassara, for change of zoning from "R -1B" One -family Dwelling District to "R-2"
Two-family Dwelling District, on Lots 11 and 12, Block 1, Perry's Estates, located
Minutes
Special Council Meeting
November 30, 1970
Page 9
at 1602 and 1606 Amber Street, be denied.
Larry Wenger presented Application #1070-4, El L. Jackson & Helen Bluntzer.
for change of zoning from "A-1" Apartment House District to "B-1" Neighborhood Busi-
ness District, on Lot 11, 12 and 13, Block B, Diaz Addition, located in the 500
Block of Winnebago Street. He stated that the subject property is vacant at the
present time and explained that the City Police Facility is located to the west, and
that to the north, east and south, are scattered single-family residences. He stated
that at the Commission hearing held October 13, 1970, the applicant, Mr. E, L. Jackson.
appeared on behalf of his request and explained that a drive-in grocery store with
gasoline pumps is proposed for the property. Mr. Wenger stated that no one appeared
in opposition; that prior to the hearing, the Staff mailed out seventeen notices,
three received in favor and one in opposition; that it was the recommendation of the
Planning Commission that the application be approved as requested, and that it was
the Staff's opinion that it should be denied since the area has had no appreciable
growth and there are already sufficient grocery stores and service stations in the
immediate area to serve the resident's needs.
Mr. E. L. Jackson spoke on behalf of the request, stating that there is a
need for the grocery store; explained that the grocery store will be privately
owned; that he owns Lots 12 and 13 and that Mrs. Bluntzer owns Lot 11, and that they
plan to sell the lots to a prospective buyer who will put in the grocery store.
Reverend E. Grant, 1109 Waco Street, stated he was not opposed to the
grocery store and pump station but was concerned with the other uses allowed in the
"B-1" classification, and that he would not want to see the area opened up to beer
taverns and other undesirable uses, since there are enough of those already.
Mayor Pro Tem Lozano questioned Reverend Grant if he would be opposed to
a Special Council Permit if it contained a provision that no alcoholic beverages
would be sold, and Reverend Grant stated his only objection was to the other possible
uses.
Motion by Bradley, seconded by de Ases and passed, that the hearing be
closed,
Motion by de Ases, seconded by Roberts and passed, that Application #1070-4
Mr. E. L. Jackson and Helen Bluntzer, be tabled for further consideration.
There being no further business to come before the Council, the meeting was
adjourned.
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I, JACK R. BLACKMON, Mayor of the City of Corpus Christi, Texas, certify
that the foregoing minutes, same being for the period of November 1, 1970, to
November 30, 1970, inclusive, and having been previously approved by Council
action, are by me hereby approved.
aeio4
/JACK R. BLACKMON, Mayor
City of Corpus Christi, Texas