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HomeMy WebLinkAboutMinutes City Council - 07/28/1969 - Special4 MINUTES CITY OF CORPUS CHRISTI, TEXAS SPECIAL COUNCIL MEETING July 28, 1969 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 Jim Riggs Assistant City Secretary Bill G. Read Mayor Pro Tem Gabe Lozano called the meeting to order and asked that it be noted that a quorum was present. He stated the purpose of the Special Meeting was to hold public hearings on six zoning applications, and any other business as may pro- perly come before the Council, and explained the procedure to be followed. Mayor Pro Tem Lozano announced the public hearing on Application 0669-6, Corpus Christi Datsun Cars, Inc., for change of zoning from "R -1B" One -family Dwell- ing District to "B-4" General Business District, on portions of Lots 3 and 4, Block G, and portions of Lots 3 and 4, Block H, Lexington Place, located in the 2900 Block of Padre Island Drive. Senior City Planner Larry Wenger located the property on the zoning and land use map and described the zoning and land uses in the surrounding area; stated that at the Commission hearing held June 24, 1969, the applicant was not present, and the Staff explained to the Commission that the applicant had purchased all of Lots 1 and 2, Blocks "G" & "H", which front on Padre Island Drive, as well as the property of request which is known as portions of Lots 3 and 4, Block "G" & H. Mr. Wenger stated that no one appeared in favor nor in opposition; that the Staff mailed three notices, one received in favor and none in opposition; that it was the recommendation of the Staff that the application be approved as requested and the Commission concurred in this recommendation. No one appeared in favor or in opposition to the foregoing request. Motion by Bradley, seconded by Sizemore and passed, that the hearing be closed. Minutes Special Council Meeting July 28, 1969 Page 2 Motion by Bradley, seconded by de Ases and passed, that the recommendation of the Planning Commission be concurred in and that Application #669-6, Corpus Christi Datsun Cars, Inc., for change of zoning from "R -1B" One -family Dwelling District to "B-4" General Business District, on portions of Lots 3 and 4, Block G, and portions of Lots 3 and 4, Block H, Lexington Place, located in the 2900 Block of Padre Island Drive, be approved as requested, and that an ordinance be brought forward effectuating the change. Mayor Pro Tem Lozano announced the public hearing on Application #669-7, Saratoga Land Company, for change of zoning from "R -1B" One -family Dwelling District to "A-1" Apartment House District, on a 5.29 -acre tract out of Lot 2, Section 10, Bohemian Colony Lands, known as Sundeen Co -Op Gin Tract, fronting 511 feet along the 4200 Block of Saratoga Boulevard. Larry Wenger presented the application; located the property on the zoning and land use map, and described the zoning and land uses in the surrounding territory. He stated that at the Planning Commission hearing held June 24, 1969, Mr. J. W. Gary, attorney representing the applicant, appeared and stated this property is proposed for apartments and that they felt this development would be a continuation of the "A-1" zoning located immediately adjacent to the east of the tract. Mr. Wenger stated that no one appeared in opposition; that the Staff mailed three notices, none received in favor and none in opposition; that it was the recommendation of the Staff that it be approved as requested, and that the Commission concurred in this recommendation. Mr. J. W. Gary appeared and spoke on behalf of the applicant. He explained that the improvements which exist on the property are under contract to be removed by January of next year prior to the construction of the proposed apartments. No one appeared in opposition to the foregoing request. Motion by Sizemore, seconded by Roberts and passed, that the hearing be closed. • • Minutes Special Council Meeting July 28, 1969 Page 3 Motion by Roberts, seconded by Bradley and passed, that the recommendation of the Planning Commission be concurred in and that Application 4669-7, Saratoga Land Company, for change of zoning. from "R -1B" one -family Dwelling District to "A-1" Apartment House District, on a 5.29 -acre tract out of Lot 2, Section 10, Bohemian Colony Lands, known as Sundeen Co -Op Gin Tract, fronting 511 feet along the 4200 Block of Saratoga Boulevard, be approved as requested, and that an ordinance be brought forward effectuating the change. Mayor Pro Tem Lozano announced the public hearing on Application 0669-8, Messrs. Graford Rogers and H. L. Edens, for change of zoning on Tract 1, from "B-1" Neighborhood Business District and "B -1A" Tourist Court District to "B-4" General Business District, on Lot A, Block 2, Woodlawn Annex and a portion of Lot 3 (25' x 300') Woodlawn Annex No. 2; Tract II, from "R -1B" one -family Dwelling District to "B-1" Neighborhood Business District, on a portion of Lot 3 (165' x 710') Woodlawn Annex No. 2 and a portion of Lot 8 (165' x 710') Section 13, Flour Bluff and Encina) Farm and Garden Tracts. Larry Wenger located the property on the zoning and land use map and described the zoning and land uses in the surrounding area; stated that at the Commission hearing held June 24, 1969, the Staff explained that Mr. H. L. Edens, owner of Lot 3 and co - applicant of this request, had included this lot in a previous zoning application which had been withdrawn and joined with Mr. Rogers in the subject request so that a joint project might be developed. Mr. Wenger stated that no one appeared at the hearing in favor nor in opposition; that the Staff mailed out eleven notices, one received in favor and none in opposition; that it was the recommendation of the Staff that the request on Tract 1 be approved as requested, and that Tract II be denied on the basis that the present zoning is adequate at this time. He stated that the Planning Commission's recommendation was that both be approved as requested. • • Minutes Special Council Meeting July 28, 1969 Page 4 Mr. H. L. Edens, appeared and stated that a neighborhood business center is proposed; that the land could not be utilized for any other purpose other than that which is proposed; that if developed in this manner, a road is planned through the center of both tracts, otherwise a road would only be needed through Tract 1. He further explained that a manhole had been installed to take care of the drainage for the entire ten acres. Mr. Graford Rogers appeared and concurred in the statements of Mr. Edens that the only economical way to develop the property is according to the application. No one appeared in opposition to the foregoing application. Motion by Sizemore, seconded by McDaniel and passed, that the hearing be closed. Motion by Bradley, seconded by Sizemore and passed, with McDaniel and Roberts abstaining, that the recommendation of the Planning Commission be concurred in and that Application #669-8, Messrs. Graford Rogers and H. L. Edens, for change of zoning on Tract 1, from "B-1" Neighborhood Business District and "B -1A" Tourist Court District to "B-4" General Business District, on Lot A, Block 2, Woodlawn Annex and a portion of Lot 3 (25' x 300') Woodlawn Annex No. 2; and Tract II, from "R -1B" One -family Dwelling District to "B-1" Neighborhood Business District on a portion of Lot 3 (165' x 710'), Woodlawn Annex No. 2, and a portion of Lot 8 (165' x 710'), Section 13, Flour Bluff and Encina) Farm and Garden Tracts, be approved as requested, and that an ordinance be brought forward effectuating the change. City Manager Townsend stated that Application #669-9, Mr. Robert Callaway, had been withdrawn by the applicant by letter dated July 24, 1969. Mayor Pro Tem Gabe Lozano announced the public hearing on Application #669-10, Mr. Walter Wisznia, for change of zoning from "R -1B" One -family Dwelling District and "A-1" Apartment House District to "A-2" Apartment House District, on all of Lots 31 thru 34, Block 14, Port Aransas Cliffs, located on the South side of the 100 Block of Rossiter Street extending through from Ocean Drive to Denver Street. • • Minutes Special Council Meeting July 28, 1969 Page 5 Larry Wenger pointed out the location of the property on the zoning and land use map, and described the zoning and land uses in the surrounding territory; stated at the Commission hearing held June 24, 1969, Mr. Wisznia spoke on behalf of the request and stated that "A-1" zoning had been granted on the subject property three years ago, but that construction of the apartments was delayed because of improvements proposed for Ocean Drive, and that the zoning had since expired. Mr. Wenger stated that according to the plot plan, access is now proposed for Rossiter Drive, and that the applicant had indicated at the hearing that he preferred a Special Permit; that he had contacted two of the three persons who had indicated opposition, and that they would not be opposed to a Special Permit. He stated that no one appeared at the hearing in opposition; that the Staff mailed eighteen notices, one received in favor, three in opposition, and two were received in favor from persons outside the 200 -foot notification zone; that it was the recommendation of the Commission that the application be denied but in lieu thereof, a Special Permit be granted for construction of a seven -unit townhouse project according to the plot plan submitted by the applicant, and that the Staff recom- mended denial on the basis that granting of this request would constitute an encroachment into an established single-family ;neighborhood. Mr. J. Soren Peterson appeared on behalf of the applicant and stated that the access proposed on Rossiter is more feasible, practical, and a less hazardous traffic pattern; he explained the parking plans on a site plan; stated there is an apartment complex immediately adjoining the subject property, and that there are no residences facing on Denver in this block. A lengthy discussion followed regarding the building set back line indicated on the plot plan along Rossiter. It was pointed out that a 20 -foot building line would be required because of the garage entrances onto Rossiter Street. City Manager Townsend explained that the public is on notice that what the applicant is asking is "A-2" zoning, and that the Council cannot waive any setback requirements be granting a Special Permit; that conditions placed on a Special Permit could not be greater than the zoning nor less restricted than the requested zoning; that • • Minutes Special Council Meeting July 28, 1969 Page 6 if the Tots face on Rossiter, and "A-2" zoning is granted, the applicant must comply with the side yard requirements of at least "A-2" zoning. No one appeared in opposition to the foregoing request. Motion by Bradley, seconded by Sizemore and passed,, that the hearing be closed. Motion by Sizemore, seconded by Roberts and passed, that Application #669.710, Mr. Walter Wisznia, be tabled for further consideration. Mayor Pro Tem Lozano announced the public hearing on Application 1769-8, Gabe Lozano, Jr., for change of zoning from "R -1B" One -family Dwelling District with a Special Use Permit (for all "AB" uses according to a site plan) to "AB" Professional Office District, on Lot 15, Block A, Phillips Addition; located in the 2600 Block of Cleo Street on the Northeast corner at the intersection of Baldwin Boulevard. Larry Wenger pointed out the location of the property on the zoning and land use map and described the zoning and land uses in the surrounding area; stated that at the Commission hearing held July 22, 1969, it was pointed out by the Staff that a previous request had been made in April 1968 by Mr. Jim Wilburn, Jr., that "B-4" zoning was denied but o Special Permit was granted for "AB" Professional Office District uses only; that Mr. Lozano has since purchased this property from Mr. Wilburn to be used for his insurance agency, but that the existing building is smaller and the parking layout differs from that proposed by Mr. Lozano, and that this application is being made to accommodate a new and larger building, and for approval of a driveway entrance off of Baldwin Boulevard which was not allowed on the previous request. Mr. Wenger stated that the applicant appeared at the hearing and presented a sketch of his proposed building, showing the entrance on Baldwin Boulevard and the exit on Cleo Street, and that he also presented a letter from the Director of Traffic Engineering approving both the parking layout and the driveway entrance, and four letters from adjacent property owners who were in favor of the zoning change. Mr. Wenger stated that no one had appeared in opposition; that the Staff mailed 19 notices, four received in favor, three in opposition; and stated that three of the four letters presented by the applicant were within the 200 -foot notification area; that it was the recommendation of the Commission that the application be approved -, Minutes Special Council Meeting July 28, 1969 Page 7 • as requested, and that the Staff recommended denial for the following reasons: (1) an encroachment into an established residential area; (2) :spot zoning; (3) granting this will only tend to encourage future zoning change requests for these and other types of uses along Baldwin Boulevard which will only add to the congestion of this heavily tr . eled traffic artery. City Manager Townsend explained that the applicant had been advised concerning the excess City right of way along Baldwin Boulevard advising that he could either acquire the excess right of way or obtain a revocable easement. He further explained that the letter referred to by Mr. Lozano from the Traffic Engineering Department was written without regard to the zoning. Mr. Gabe Lozano, Jr., appeared on behalf of the application, and explained on a plot plan his proposed building. He stated that two of the three persons who opposed the zoning did so because of a misunderstanding as to what the property could be used for in the event it was sold, but that when this was clarified, stated they no longer opposed the request. He stated that he had made a canvass of the neighborhood, and that most all of the residents stated that the proposed development would be an improve- ment, and that they approve the entrance on Baldwin Boulevard and exit on Cleo. No one appeared in opposition to the foregoing application. Motion by Sizemore, seconded by Roberts and passed, that the hearing be closed. Motion by Roberts, seconded by Bradley, that Application #769-8 be denied, but in lieu thereof, a Special Council Permit be granted according to a site plan designating that egress and ingress be from Cleo Street, and that no curb cuts be allowed on Baldwin Street. Motion by Sizemore, seconded by McDaniel and passed, that the foregoing application be tabled for further consideration or until more knowledge is available as to what the City plans for the City -owned excess right of way on Baldwin. There being no further business to come before the Council, the meeting was adjourned.