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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 • 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. • 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. • • 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 Minutes 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 i Minutes 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 • Minutes 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.