HomeMy WebLinkAboutMinutes City Council - 01/04/1971 - SpecialMINUTES
SPECIAL COUNCIL MEETING
CITY OF CORPUS CHRISTI, TEXAS
January 4, 1971
2:00 P.M.
PRESENT:
Mayor Jack R. Blackmon
Mayor Pro Tem Gabe Lozano, Sr.
Commissioners;
Dick BradI4, Jr.
Eduardo E. de Ases
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 temporary 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 asked that it be noted that a quorum of the Council and the required Charter officers were
present.
Senior City Planner harry Wenger presented Application 01170-6, Harold O. Lund,
for change of zoning from "R -1B" One -family Dwelling District to "R-2" Two-family Dwelling
District on all of Lot 1, Block 2, Carmel Village Replat, at 4100 Block of Grossman Street.
He pointed out the location of the property on the zoning and land use map, and described
the various zoning districts and uses in the area, stating that a one-story duplex is proposed.
He stated the request was heard by the Planning Commission November 23, 1970, at which
time Mr. Harold Lofferty spoke on behalf of the applicant, pointing out that the Carmel Manor
Apartments are located directly across Grossman Street, and that in his opinion the requested
use would be the best use for this property; that three persons appeared in favor but were con-
cerned primarily with the type of construction; that no one appeared in opposition; that prior
to the hearing the Staff mailed out fourteen notices, one received in favor and none in
opposition; and that it was the recommendation of both the Staff and the Planning Commission
that the application be approved as submitted.
Mr. Harold O. Lund, applicant, spoke on behalf of the request and presented a site
plan for the Council's review.
No one appeared in opposition to the foregoing zoning request.
Motion by Bradley, seconded by de Ases and passed, that the hearing be closed.
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Minutes
Special Council Meeting
January 4, 1971
Page 2
Motion by Sizemore, seconded by Bradley and passed, that the recommendation of the
Planning Commission be concurred in and that Application 01170-6, Harold O. Lund, for
change of zoning from "R -1B" One -family Dwelling District to "R-2" Two family Dwelling
District on all of Lot 1, Block 2, Carmel Village Replat, in the 4100 Block of Grossman
Street, be approved as requested, and that an ordinance be brought forward effectuating the
change.
City Manager Townsend reported that a letter had been received from Mr. E. T.
Delgadillo's Counsel, dated December 30, 1970, stating that Mr. Delgadillo wished to
withdraw Application 01170-8, for change of zoning on Lots 21 and 22, Block 1, Hudson
Acres, which formal request automatically removes this case from the agenda.
Mayor Blackmon arrived at the meeting and announced the public hearing on Application
01270-1, W.H.P., Inc., to establish a Community Unit Planfaccording to Article 28,
Section 28-3, Detached Dwelling Development of the Zoning Ordinance on a portion of
Lot 17 and all of Lots 18 and 19, Section 28, Flour Bluff and Encinal Farm and Garden Tracts,
located in the 5300 Block of Rodd Field Road.
Larry Wenger located the property on the zoning and land use map and explained the
plan for a Detached Dwelling Community Unit Plan, pointing out that it is developed with
scattered single-family residences, and that thel4 is a drainage ditch located along the northern
boundary of the tract. He stated the application was heard by the Planning Commission
December 8,1970, at which time there was considerable discussion relative to density require-
ments,.'maintenance of greenways, utility facilities, drainage, front and side yard depth, fences,
and access provisions. Mr. Wenger presented the plan approved by the Planning Commission,
and stated a plat would also be submitted for approval. He stated the plan conforms to the
Community Unit Plan as set out in the Ordinance; that the average price range was between
$16,000 to $19,000; that all the lots will be within the minimum standard of 5,000 square felt;
and that the greenways will be maintained by the Homeowners Association. He stated that no one
appeared in opposition at the hearing; that prior to the hearing the Staff mailed out thirteen notices,
three were received in favor and none in opposition; that it was the recommendation of both the
Commission and the Staff that the application be approved subject to a plat and a plot plan
approved by the Commission.
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Minutes
Special Council Meeting
January 4, 1971
Page 3
Mr. Harlan Heitkamp of Urban Engineering, spoke representing the applicant and
pointed out economy factors in this type development pointing out that there will be large
common green areas, curbs and gutters and drainage; that there will be a density of 5,6 units
per acre with a total of 250 detached dwelling units. He stated there are adequate utility
facilities and that there will be no drainage problems.
Mr. Homer Dean, attorney from Alice, Texas, spoke in favor, stating that the
concept is approved by the Homeowners Association and that the greenways will be maintained
by the Homeowners' Association; that excellent recreational areas will be provided for children
living within the development, and that there will be restrictions relative to construction of
fences. He stated one purpose of the concept is to keep through traffic to a minimum; and
that there will be only one major entrance which will provide adequate access.
No one appeared in opposition to the foregoing request.
Motion by Roberts, seconded by Bradley and passed, that the hearing be closed.
Motion by Roberts, seconded by Lozano and passed, that the recommendation of the
Planning Commission be concurred in and that Application 01270-1, W.H.P., Inc., to
establish a Community Unit Plan according to Article 28, Section 28-3, Detached Dwelling
Development of the Zoning Ordinance, on a portion of Lot 17 and all of Lots 18 and 19,
Section 28, Flour Bluff and Enginal Farm and Garden Tracts, located in the 5300 Block of
Rodd Field Road, be approved according to the approved plot plan, and that an ordinance
be brought forward effectuating the proposed development.
Larry Wenger presented Application 01270-2, Allen H. Russell, for change of zoning
from "R -1B" One -family Dwelling District to "8-4" General Business District, on Lot 91,
Ebony Acres, located in the 5600 Block of Hall Street, and pointed out the zoning and land
uses in the surrounding area, stating that a first-class restaurant is proposed. He stated that
the application was heard by the Planning Commission Decemaer 8, 1970; that there was
opposition voiced at the hearing generally on the basis that another restaurant is not needed,
that it would be undesirable for the neighborhood, and would adversely affect the values of
the residential properties. He stated that prior to the hearing, the Staff mailed seven notices,
none were received in favor and one in opposition; that it was the recommendation of the
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Special Council Meeting
January 4, ,19711
Page 4
Commission that the request be approved as submitted, and the Staff's opinion was that it
should be denied on the basis that it would tend to break down the residential character of
the area and would further encourage rezoning of the lots siding the frontage road of Padre
Island Drive. He stated that the opposition registered placed the case under the 20% rule.
Mr. Harold Hoelscher spoke on behalf of the applicantandexplained that a small
rental unit is located on the subject property at present and is in.a deteriorated condition;
that in his opinion, it is a logical lacatton for the proposed restaurant since it will not require
a lot of parking space at any one time, and explained that the parking situation was taken
into consideration when the locationiwas selected.
City Manager Townsend pointed out that this is an established residential neighborhood;
that a large public investment had been made for sewer improvements which will eliminate the
open ditch, and that there is no reason to believe that the Expressway will automatically
destroy the present character of the neighborhood. He further pointed out that the request
is for "B-4" and that the sign permitted under this classification would be a further intrusion
into the residential district.
Mr. Townsend reported that two letters in opposition had been received since the
Commission hearing.
No one appeared in opposition to the foregoing zoning request.
Motion by de Ases, seconded by Bradley and passed, that the hearing be closed.
Motion by Bradley, seconded by de Ases and passed, Sizemore and Lozano voting "Nay",
that the recommendation of the Staff be concurred in and that Application #1270-2, Allen H.
Russell for change of zoning from "R -1B" One -family Dwelling District to "B-4" General
Business District on Lot 91, Ebony Acres, be denied.
Larry Wenger presented Application #1270-3, Oscar Gonzalez, for change of zoning
from "R -1B" One -family Dwelling District to "B-1" Neighborhood Business District, on Lot 17,
Block 3, Austin Addition, located in the 500 Block of Balboa Street, and described the zoning
and land uses in the surrounding area. He stated the Planning Commission hearlil the request
December 8, 1970, at which time it was pointed out that the applicant wished to reconstruct
a nonconforming grocery store which was totally destroyed by Hurricane Celia. He stated that
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Special Council Meeting
January 4, 1971
Page 5
there had been no opposition; that prior to the hearing, .the Staff mailed out fourteen notices,
four received in favor and none in opposition, and a petition in favor signed by,' 26 area
residents (outside the 200 -foot notification zone) was also received; that it was the'recom-
mendation of the Planning Commission that the application be granted, and that it was the
Staff's opinion that it should be denied due to its location in a developed residential area,
is located directly across from an elementary school, is a nonconforming use which should not
have been located in this area in the first place, and to allow the grocery store would also
permit other privileges.
Mr. L. D. Taylor, 3405 South Staples, brother-in-law of the applicant, spoke in favor
of the request stating that Mr. Gonzalez proposes to build a new building in the exact location
as the old building and the same size. He presented a drawing of the proposed new building
which includes a carport, In answer to questions relative to the parking provisions, Mr. Taylor
stated there is no parking provisions for the duplex located on the property.
No one appeared in opposition to the foregoing application.
Motion by Roberts, seconded by Bradley and passed, that the hearing be closed.
Motion by Bradley, seconded by Roberts and passed, that the foregoing Application
#1270-3, be tabled for further consideration.
Mayor Blackmon directed that City Manager Townsend obtain a plot plan of the proposed
development for review of the Council to determine if a Special Permit would be feasible.
Mayor Blackmon departed the meeting at this time.
Larry Wenger presented Application #1270-5, Roy Smith, Trustee, for change of
zoning from "R -1B" One -family Dwelling District to "B-4" General Business District, on
approximately 2.3 acres out of Lot 1, Section 5, Bohemian Colony Lands, located in the 5000
Block of Greenwood Drive, and pointedaut the zoning and land uses in the surrounding area,
stating that a service station and drive-in grocery store are proposed for the property. He
stated that the Planning Commission heard the application December 8, 1970, at which time
Mr. Roy Smith appeared and explained that Humble Oil and Refining Company has an option
to purchase the property subject to the zoning change; that no one spoke in favor of nor in
opposition; that prior to the hearing, the Staff mailed out two notices, one received in favor
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Special Council Meeting
January 4, 1971
Page .6
and none in opposition; that it was the recommendation of both the Commission and the Staff
that the request be granted as a logical extension of the existing "B-4" General Business
District.
City Manager Townsend read a letter from the applicant stating that he would be out
of the City and could not attend this hearing but hoped the Council would see fit to approve
the request.
Mr. W. H. Stahl, 4901 Kostoryz, spoke in opposition stating that he had attempted
on four different occasions to get his property rezoned, and that he had been given "worthless"
permits, which he state i had only raised his taxes.
Motion by de Ases, seconded by Bradley and passed, that the hearijng be closed.
Motion by Bradley, seconded by Roberts and passed, that the recommendation of the
Planning Commission and Staff be concurred in and that Application 'f1270-5, Roy Smith,
Trustee, for change of zoning from "R -1B" One -family Dwelling District to "B-4" General
Business District, on approximately 2.3 acres out of Lot 1, Section 5, Bohemian Colony Lands,
located in the 5000 Block of Greenwood Drive, be approved, and that an ordinance be brought
forward effectuating the change.
There being no further business to come before the Council, the meeting was adjourned.