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.
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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.
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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.
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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
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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
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Minutes
Special Council Meeting
July 28, 1969
Page 7
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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.