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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 • 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 • • 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 • • 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. • 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 • 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 • 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. • 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