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HomeMy WebLinkAboutMinutes City Council - 10/31/1962 - Special• PRESENT: Mayor Ben F. McDonald Commissioners; Tom R. Swantner Dr. James L. Barnard J. R. de Leon M. P. Maldonado W. J. Roberts Jim Young CITY OF CORPUS CHRISTI, TEXAS SPECIAL COUNCIL MEETING October 31, 1962 4:00 p.m. City Manager Herbert W. Whitney Ass't City Att'y Wayland Pilcher City Secretary T. Ray Kring Mayor Ben F. McDonald called the special meeting to order. City Secretary T. Ray Kring called the roll of those in attendance. Mayor McDonald announced the purpose of the special meeting vas to hold public hearings on 2 zoning cases, and explained the procedure to be followed. Mayor McDonald announced the public hearing on the application of Harold A. Carr for a change of zoning from "R-2" Two-family Dwelling District to "B-1" Neighborhood Business District, on Lots 21 and 22, Block 3, Rest Haven Addition. William Anderson, Director of Planning, located the property on the map; pointed out the existing zoning and land use of the various properties in the area, calling attention to certain lots on which there are deed restrictions; explained that the request was for the purpose of constructing a service station; that 22 written notices were mailed out, and that 15 returns had been received in opposi- tion to the change in zoning, and none in favor; that the recommendation of the Zoning & Planning Commission is that the request for "B-1" Neighborhood Business District be approved; and added his personal opinion that the granting of this application would be "spot zoning" and further, that there had been no demonstra- tion of public need. At the request of the Council, Mr. Anderson read a report on the subject of "spot zoning" written by the Legal Department which had been presented and reviewed at the Commission meeting. Mayor McDonald read Section 30-5 of the Zoning Ordinance relating to protest against amendment, supplement or change, and asked that the question of the number of written protests within the specified area filed with the City Sec- retary since the Commission hearing be determined for the purpose of determining the required vote of the Council relating to this application. • • City of Corpus Christi, Texas Special Council Meeting October 31, 1962 - 4 p.m. Page 2 The following written protests were read and noted: Owen D. Cox, attorney representing the Church of the Good Shepherd, owner of residence at 250 Melrose Street, occupied by Associate Rector, Rodman I(ypke and his family; John Waller, attorney, representing J. T. King, owner of Lot 16, Block 3; H. D. McCallum, owner of Lot 7, Block 8, Bessar Park Subdivision; Jack R. Blackmon, attorney, representing 13 property owners. Mayor McDonald ruled that more than 20% of the adjoining property own- ers have protested the change of zoning and have filed such protest since the matter was heard by the Zoning & Planning Commission, and therefore the granting of any change will require a three-quarters affirmative vote of the City Council, or 6 affirmative votes, in order to effect such change; and further, that the matter of "acknowledgment of protest" will be determined if it becomes necessary. Jake B. Jarmon, attorney representing the aappp�licant, read a letter to the Mayor, the Council, and the Zoning & Planning/Cto thele feet that since Mr. Carr had negotiated a contract with Humble Oil & Refining Co. for a service sta- tion on the property in question, a special Council permit for a service station on this property would be acceptable; presented a scale model of the proposed service station and pointed out its various features which he felt would make it a desirable addition to the area, the approximate investment, and number of em- ployees that would be needed; presented a copy of a letter dated October 1, 1962, addressed to Mr. Joe L. Stevens, Tax Assessor -Collector, signed by R. W. Townsley, Director of State Highway Dept, Motor Vehicle Div., listing the number of auto- mobiles registered in Nueces County for the years 1925, 1935, 1945, 1955, and 1961, showing that the number of such cars has increased from 7,631 to 104,293, which letter was received and noted, and discussed the traffic and safety elements, and the economic and service station needs of this area, based on this increase and the City's growth to the south and out Santa Fe; and stated that he did not be- lieve the change would be spot zoning due to the size of the 2 lots, and since this intersection was the logical place for a service station for the travelling public. Jack R. Blackmon, attorney representing 13 property owners, spoke in opposition on the basis that the request is not in the public interest, that similar applications for this came purpose have twice been denied during the past • City of Corpus Christi, Texas Special Council Meeting October 31, 1962 - 4 p.m. Page 3 12 years on the basis of spot zoning, of which the present applicant was aware when he became the owner of the property in question since he was a member of one of the Zoning & Planning Commissions that denied the change; that it would create an additional traffic hazard in an area served by three schools, Incarnate Word Academy, Monger School, and Ray High School; that it would create an additional fire hazard due to use or storage of combustible liquids; that it would cause an additional burden on the 8" water main and 6" sanitary sewer line serving the area; and that it would damage and diminish the value of property, and interfere with the beneficial use and enjoyment of homes in an entirely residential neighborhood. Jack Collier, owner of Lot 6, Block 4, Rest Haven, recited the number of times the neighborhood had met relative to street improvements of oiling, paving, curb and gutters, and drainage, and to protest this particular zoning change, all as a community project, and opposed the application on the basis that they felt it vas a nice residential street and neighborhood because together they had worked hard to make it so, and they do not want their neighborhood changed. Mrs. Quentin Cook, resident on Melrose, opposed on the basis of addition- al traffic hazard. B. T. Parr, 256 Melrose, Pat Limerick, 318 Breezeway, Ralph G. Cook, 321 Breezeway, Mrs. R. H. Coleman, 2865 Santa Fe, J. S. Modlin, 311 Breezeway, Bill M. Miller, 306 Melrose, all spoke in opposition on the basis of the request being detrimental to the residential nature of the area and that it would constitute spot zoning. The following requested that their presence in opposition be recorded: Dr. R. E. Bennett, Robert E. Esserling, Mrs. Ralph G. Cook, Mrs. Margaret Collier, Mrs. Josephine Monge, Mrs. J. S. Modlin, Mrs. Eva Howard, William Koepsel, Mrs. Dorothy Koepsel, Mrs. R. E. Esserling, Mrs. Pat Limerick, and Mrs. Allen Burton. Mr. Jarmon, in rebuttal, spoke of the 4100 people living along Santa Fe who he felt would be benefited; stated that he felt only the immediately adjacent residences would be affected, Mr. Modlin on the west and Mr. Sam Susser, Jr. on the south, and that Mr. Susser had appeared in favor of the application at the Zoning & Planning Commission and had advised him to so state his position to the Council; and pointed out that since it had been stated by the opposition that there was no congestion at the existing Conoco Station, it could not be reasonably argued that there would be congestion at the Humble Station. • • City of Corpus Christi, Texas Special Council Meeting October 31, 1962 - 4 p.m. Page 4 Mr. Lee, District Manager for Humble Oil & Refining Co., stated that in hia 31 years with the company, he had known of only 2 fires at service stations in the whole south-eastern part of Texas; and stated that for the record his company had not tried to get any property rezoned; and further, that in the 7 years he has been district manager, the company had not attempted to get this property rezoned. Mr. Carr spoke in support of his application on the basin that he did not feel the property on Breezeway would be damaged, nor the property values decreased by this type of use of his property, and that he believed the proposed use of his property would be in the interest of the general public. Everyone wishing to be heard having been given the opportunity to speak, Mayor McDonald declared the hearing closed. Commissioner Swantner asked the purpose of notifying the property owners within 200' of a rezoning application, and Assistant City Attorney Pilcher replied that he assumed it was because those within 200' would be most affected since the State statute vas quite explicit as to the required vote in the event that 20% of the property owners within 200' filed written protest. Motion by Young, seconded by Maldonado and unanimously passed that the application for a change of zoning from "R-2" to "B-1" on Lots 21 and 22, Block 3, Rest Haven Addition, be denied, and that the request of the applicant for a special Council permit for the purpose of a service station on the property in question be denied also. Mayor McDonald directed that the record reflect that no request for a roil call vote had been made. Commissioner Young left the meeting. Mayor McDonald announced the public hearing on the application of Faires P. Wade for a change of zoning from "R-2" Two-family Dwelling District to "AB" Pro- fessional Office District, on Lot 1, Block 1, Alameda Place Addition. William Anderson located the property on the map; pointed out the exist- ing zoning and land use of the area; explained that the request was for the pur- pose of doctors' offices; that 19 written notices were mailed out, and that 2 re- turns were received in favor of the rezoning, and 4 in opposition; and that the recommendation of the Zoning & Planning Commission is that the request be approved. Patrick J. Horkin, Jr., attorney representing Mr. and Mrs. George Broad, Mr. George Blucher, and Mr. Tom Foster, Jr., presented a letter of protest dated • City of Corpus Christi, Texas Special Council Meeting October 31, 1962 - 4 p.m. Page 5 October 30, 1962, and addressed to the Mayor, which was read, in which he pointed out that although deed restrictions have been removed from the property involved in the application, there are deed restrictions on the property of Dr. Morgan imme- diately across the street that have at least 3 more years to run; that Dr. Morgan has announced that a Social Security building will be constructed at 3210 South Alameda and that he intends to put his office across the street from the appli- cant's property on the southeast corner of Alameda and Glazebrook; that the Dallas Office of the General Services Administration announced they had awarded a contract to construct a building of 4600 net usable feet of floor space at 3210 Alameda. Mr. Horkln requested that the City Council clearly state its position to the ad- jacent property owners and to the public in general on the following points: (1) Is it the policy of the present city administration to ignore deed restrictions in granting applications for rezoning; (2) Is the present city administration's policy toward the granting of zoning applications so liberal that persons planning to vio- late deed restrictions can safely presume that they will be granted zoning after the contracts are made, but before the actual rezoning has been granted, after notice to the adjoining property owners and a hearing, as required by law. Mayor McDonald answered that this Council considers zoning applications on the basis of whether or not the zoning is good or bad for the property within the zoning law, but does not examine title to the property or attempt to determine the validity of deed restrictions, that if deed restrictions are called to its attention, it is a factor, but does not necessarily determine rezoning; and further, that this Council is vitally interested in seeing progress and growth if it does not adversely affect people in the neighborhood. Faires Wade, applicant, explained that he had no prior knowledge of and was completely confused by the General Services Administration's announcement of the letting of a contract for the construction of a building to a man who does not own the property on which the building is to be constructed; that he has been work- ing for 2 years on the plans for constructing and financing of a professional office building on this property for his own law office and for one or two doctors° offices, and has contacted half a dozen doctors Who had expressed an interest in locating in this area; that he had obtained a judgment removing the deed restrictions from this property before applying for a rezoning; that there were no objections from the • City of Corpus Christi, Texas Special Council Meeting October 31, 1962 Page 6 property owners In the mediate area when he contacted them; that he believes the opposition now is being made not by those who would be affected by a change of zoning on the property in his application, but by those who would be affected by the proposed Social Security Office across the street. Mr. Wade presented a plot plan, explained the proposed development, and pointed out that there was adequate space for the backing and turning of cars on the property, adequate off-street parking, and driveways, and added that his contract for purchase of the property was not conditioned on rezoning. Mrs. Mary Stone, owner of the property in question, spoke in favor of the rezoning on the basis that the area is no longer strictly residential, that pro- fessional offices would be a credit to the neighborhood, and that the owners back of her property on Topeka and those on Alameda are in favor of the application. It was noted that the following residents on Topeka were not opposed: D. W. Thomas, 3145 Topeka, Mrs. E. P. Harris, 3122 Topeka, Mrs. Robert Gane, 3146 Topeka, Boyd Hardy, 3138 Topeka, pe , and W. M. Breath, 3133 Topeka. It was also noted that the following residents on Alameda are not opposed: John Scecina, 3146 Ala- meda, M."E. Law, 3138 Alameda, Dr. N. H. Morgan, 3122 Alameda, C. A. Rackley, 3130 Alameda, and M. Wood, Lot 7, Block 1. Pat Horkin, attorney, spoke in opposition to the rezoning on the basis that it would cause confusion and overcrowding, that it does not conserve the value of the buildings and land and does not encourage the most appropriate use of the land, since there are suitable locations along Alameda for this type of devel- opment. He presented as Exhibit I and 1I, respectively, a letter from Congressman Hale Boggs, dated October 26, 1962, containing a report from General Services as a result of his recent protest in connection with the contract award on the office space for the Social Security Administration; and a letter from G.S.A,, dated August 27, 1962, to Mr. C. J. Aills, vice-president, Medical Professional Building Corp., stating an award was ,lade to Lippman Miller and G. R. Folger, to construct a building containing approximately 4,600 net usable square feet of floor space at 3210 Alameda, and also stating the reasons why the space offered in the Commerce Building at 416 N. Chaparral, was not acceptable and was declined by the agency. Tom Foster, Jr., 3243 Topeka, spoke in opposition to the rezoning on the basis that the neighbors believe there must be a connection between this applica- City of Corpus Christi, Texas Special Council Meeting October 31, 1962 - 4 p.m. Page 7 • tion and the proposed use of the property across the street as pointed out by Mr. Horkin, and that the granting of the rezoning would be a wedge to obtain rezoning and removal of deed restrictions of the property across the street, which would be detrimental to the neighborhood. George Blucher, 3211 Topeka, opposed on the basis that it would affect the zoning to the south, the traffic through the subdivision, and be an additional hazard for the school children. Mr's. George Broad, 3202 Topeka, opposed on the basis that it would de- preciate the value of her home. Mre. Tom Foster, Jr., opposed on the basis that the present owner of the property had received several offers from families with children for the purchase of the existing home on the property, which she felt was an ideal use for the property in view of the schools in the area. C. J. Friedmann, 3216 Topeka, Mrs. A. V. Riemer, 3242 Topeka, Mrs. Clar- ence A. Hertel, 3254 Topeka, and E. H. Glass, 3212 Topeka, all wished to be record- ed as being opposed to the rezoning. Faints Wade, in rebuttal, pointed out that those who are opposing his application are in a different subdivision, and felt that they were opposing his application on the basis of an application which has not been made, in line with publicity on the Social Security building. Mayor McDonald stated that the matter of the Social Security Building is not before the Council, that so far as he knew, no one on the Council had heard of it; and in answer to questions from the Council, Tom Lake, Zoning Coordinator, stated that no such application has been filed, and recited that the vote of the Zoning & Planning Commission for approval of the application under discussion had been unanimous, with two members absent, and the Chairman abstaining because of personal reasons. Everyone having been given an opportunity to speak who desired to be heard, Mayor McDonald declared the hearing closed. Motion by de Leon, seconded by Maldonado and passed that the application for rezoning of Lot 1, Block 1, Alameda Place Addition, be taken under advisement for further study. Mayor McDonald asked that the minutes record he had abstained due to en interest in competitive building. There being no further business, the special meeting was adjourned.