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HomeMy WebLinkAboutMinutes City Council - 02/15/1971 - SpecialMINUTES CITY OF CORPUS CHRISTI, TEXAS SPECIAL COUNCIL MEETING _ February 15, 1971 2:00 P. M. PRESENT: Mayor Jack R. Blackmon Mayor Pro Tem Gabe Lozpno, Sr. Commissioners: Dick Bradley, Jr. Eduardo E. de Ases Ken McDaniel W. J. Roberts Ronnie Sizemore City Manager R. Marvin Townsend Assistant City Attorney Bob Coffin City Secretary T. Ray Kring Mayor Jack R. Blackmon called the meeting to order and stated the purpose of the Special Meeting was to hold public hearings on three 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, and explained the procedure to be fol lowed . Senior City Planner Larry Wenger presented Application #1170-7, Jack Ryan, Trustee, for change of zoning on Tract "A" from "R-18" One -family Dwelling District to "A-1" Apartment House District onca 10 -acre portion of Lots 1 and 2, Section 9, Bohemian Colony Lands; Tract "B" -from "R -1B" One -family Dwelling District to "B-4" General Business District on an 11 -acre tract of land out of Lot 1, Section 9, Bohemian Colony Lands, located in the 5700 and 5800 Blocks of Weber Road. He pointed out the existing land use and zoning classifications in the area surrounding the two tracts and explained that a neighborhood business center is proposed for Tract "B" and that an apartment complex is proppsed for Tract A. He stated that the request was heard by the Planning Commission November 24, 1970, at which time Mr. Bob Holsclaw, president of SPIKE (a neighborhood organization of over 1000 members formed in an effort to preserve the single-family character of properties bounded by Saratoga Boulevard, Padre Island Drive, Kostoryz and Everhart Roads) spoke in opposition generally on the basis that they do not feel the development is needed, would increase density and congest traffic in an already overcrowded area. Mr. Wenger stated that Mr. Holsclaw filed with the Commission resolutions in opposition from the PTAs of Tom Browne Junior High, Sanders Elementary, Yeager Elementary and Kostoryz Elementary Schools. He stated that prior to the hearing, the Staff mailed out nineteen notices, one received in favor, • Minutes Special Council Meeting February 15, 1971 Page 2 ten in opposition, and sixty-one received in opposition outside the 200 -foot notification zone. He stated that it was the recommendation of the Planning Commission that the requested change of zoning on Tract "B" be denied, but in lieu thereof a Special Permit be granted for "B-1" Neighborhood Business uses, withithe provision of one large sign and subject to a plot plan; and that the requested change of zoning on Tract "A" for "A-1" zoning be approved as requested. He stated it was the opinion of the Staff that the request should not be granted because there is sufficient apartment and business zoning in this area; that the area that was zoned and set aside for business is now predominantly apartment use; and that it would create additional density in an area that has already experienced a high increase in density in a very small confined area. He stated that the Staff was not in agree- ment with the Planning Commission for a Special Permit on Tract B. Mr. Wenger stated that the application was filed by Mr. Jack Ryan indicating that he was the owner of the property. City Manager Townsend explained that the application was set for a hearing before the City Council before a final recommendation of the Planning Commission on request of the applicants. Mr. Jack Ryan spoke on behalf of the application and explained that the property had been under the same ownership since it was purchased nine years ago and is owned by himself, Mr. Heldenfels and T. M. Matthews. He explained the layout of the development as being in accordance with a plan of Mr. H. E. Butt who is under contract for development of the shopping center on Tract "B"; that considerable study has been given to the plan and they feel it is a good one; and that Mr. Butt has stated he must have the requested "B-4" zoning on Tract "B" before he buildsthe shopping center. Mr. Ryan explained that the application was submitted as two separate tracts because of the roadway leading from Weber Road across from the church property permitting a better flow of traffic; stated that more depth to the tracts could be provided if necessary; that the property owner adjacent to the tract who would normally have more reason to object had approved the plan; that the cluster type shopping center is more in demand by the people; and that all cities must have shopping centers and apartment districts if they are to grow. He stated that since Weber Road has been • • Minutes Special Council Meeting February 15, 1971 Page 3 widened and will eventually go all the way to Chapman Ranch and Kingsville, the request seems logical and lends itself perfectly to the proposed development, and in his opinion, is the highest and best use of the land. He pointed out that additional schools have been built to take care of the additional density. Mr. Gene Urban of Urban Engineers spoke on behalf of the applicant, and stated they were not in a position to prepare a site plan in accordance with the ordinance and the recommended Special Permit for Tract "B" which would show the exact location of the buildings, drainage, parking, etc., and that this is the reason the Special Permit is not acceptable to the purchaser. He pointed out that this requirement is not practicable since it is often necessary to change the size and shape of buildings, and that under this rule, a developer must completely repeat the process of zoning; stated that Mr. Butt does not have a completed overall plan and must have the requested zoning before he can complete the plans. Mr. Urban further stated that density in this type of apartment and commercial districts is not as great as that of single family areas with respect to schools. Mr. Bert W. Derrick, 3922 Kingston, officer of SPIKE, spoke in opposition, stating that this organization is dedicated to the preservation of single family character of the neighborhood, and that a membership list of over 1000 is on file in the Planning Office; also stated that resolutions are on file from the church and PTAs of four elementary schools and junior high schools in the area, stating their reasons for opposition. He presented a slide projection of existing apartment units along Weber Road within a one-half mile area, pointing out that there is already sufficient business and apartment zoning available for the proposed development. He stated the problems of crowded schools, traffic congestion and deterioration of property values, are inherent and synonymous with apartment districts and shopping centers. Mr. Jed Davis, 4009 Tripoli, spoke in opposition, stating that the proposed develop- ment would destroy the residential character of the neighborhood and that he had purchased his property after having been advised that it would remain residential. He questioned Mr. Ryan's reasoningfor requesting the Council to grant business uses on property without requiring the developer to reveal his plans. • • Minutes Special Council Meeting February 15, 1971 Page 4 Mr. Richard Miller, 4006 Bray Street, spoke in opposition stating that he con- curred in objections already mentioned, and that he had filed these objections in writing. In rebuttal,Mr. Ryan stated that the contract with Mr. Butt had been signed since last August and that he had offered to discuss it with residents for verification; that Mr. Davis had answered the second question. Mr. Ryan stated that he would be willing to pay the $80 filing fee for the second tract if the Council so ruled. Motion by de Ases, seconded by Bradley and passed, that the hearing be closed. Motion by de Ases, seconded by Sizemore, that the foregoing application be tabled for further consideration. The motion failed to pass for lack of sufficient affirmative votes. Motion by Bradley, seconded by Roberts and passed, that Application #1170-7, Mr. Jack Ryan, Trustee, for change of zoning from "R -1B" One -family Dwelling District to "A-1" Apartment House District on a 10 -acre portion of Lots 1 and 2, Section 9, Bohemian Colony Lands described as Tract "A", be granted; that the request for change of zoning from "R -1B" One -family Dwelling District to "B-4" General Business District on an 11 -acre tract of land out of Lot 1, Section 9, Bohemian Colony Lands.; bevanted, and that an ordinance be brought forward effectuating the change, with the 20 percent rule being in effect on Tract "A". Mayor Blackmon presented Application 0171-3, J. Harvey Johnson III, D.D.S., for change of zoning from "R -1B" One -family Dwelling District to "AB" Professional Office District on the north 33.33 feet of Lot 8 and all of Lots 9 and 10, Roper Subdivision, located in the 5300 Block of Everhart Road. Larry Wenger located the property on the land use and zoning map and stated that a medical dental office is proposed. He stated that the application was heard by the Planning Commission January 5, 1971; that there was no opposition at the hearing; that prior to the hearing the Staff mailed out nineteen notices,five received in favor and none in opposition; that it was the recommendation of the Commission that the request be approved as submitted, and that the Staff's opinion was that the request does not conform to the Everhart Zoning Study; would encourage continuous business zoning along Everhart Road between Williams Drive and Curtis Clark Drive; and would adversely affect the residential area both on Williams Drive and Curtis Clark Drive. Minutes Special Council Meeting February 15, 1971 Page 5 Dr. J. Harvey Johnson III, applicant, stated he was requesting the professional office zoning in order to construct a dental office with rental space for other dentists. He stated he had contacted all residents in Roper Addition and had had favorable response. Mr. Dave Wilson, architect, 530 Wilson Building, spoke in favor of the request, stating that the applicant proposes to construct buildings of a residential character which will enhance the area. He presented a schematic sketch of the proposed buildings and parking areas and stated that since the lots face on Everhart they are not suitable for continued development as residential. He pointed out that the lots are deep enough for off street parking. Mr. Joe Myers, stated he was speaking on behalf of the property owners located behind the subject lots, and that they all were in favor of the requested zoning change, pointing out that they were speculating that this type development would evolve. No one appeared in opposition to the foregoing request. Motion by Lozano, seconded by Sizemore and passed, that the hearing be closed. Motion by McDaniel that the matter be tabled for further consideration. The motion died for lack of a second. Motion by Bradley, seconded by McDaniel, with Roberts voting "Aye", and de Ases, Sizemore and Lozanovoting "Nay", that the foregoing application be denied. The vote was tied and the motion did not carry. Motion by Sizemore, seconded by de Ases and passed, with Bradley, McDaniel and Roberts voting "Nay", Lozano and Blackmon voting "Aye", that the recommendation of the Planning Commission be concurred in and that Application #171-3, J. Harvey Johnson III, D.D.S. for change of zoning from "R -1B" One -family Dwelling District to "AB" Professional Office District on the north 33.33 feet of Lot 8 and all of Lots 9 and 10, Roper Subdivision, located in the 5300 Block of Everhart Road, be approved as requested, and that an ordinance be brought forward effectuating the change. Mayor Blackmon presented Application #171-2, L. L. Woodman, Sr. and Jr., for change of zoning from "A-2" Apartment Houst District to "AB" Professional Office District Minutes Special Council Meeting February 15, 1971 Page 6 on all of Lots 5 and 6, Block 1, John D. Bernard Addition (unrecorded),located in the 500 Block of South Tancahua Street. Larry Wenger explained that the application had been heard by the Planning Commission January 5, 1971, at which time Mr. L. L. Woodman, Jr. appeared and stated that the property had been purchased subject to the requested zoning and that the existing structure on Lot 6 will be remodeled and used as an office building for bookkeeping, tax revenues, etc., and that Lot 5 will be used for parking. Mr. Wenger stated that no one had appeared in opposition; that prior to the hearing the Staff mailed out 12 notices, three received in favor, and one in opposition; that it was the recommendation of both the Commission and the Staff that it be approved as requested on the basis that the area is in a transitional stage and would not be adversely affected if developed according to present regulations. No one appeared in opposition to the foregoing application. Motion by Roberts, seconded by de Ases and passed, that the hearing be closed. Motion by de Ases, seconded by Lozano and passed, that the recommendation of the Planning Commission and the Staff be concurred in and that Application 0171-2, L. L. Wood- man, Sr. and Jr., for change of zoning from "A-2" Apartment House District to "13" Professional Office District on all of Lots 5 and 6, Block 1, John D. Bernard Addition (unrecorded), located in the 500 Block of South Tancahua Street, be approved as requested, and that an ordinance be brought forward effectuating the change. There being no further business to come before the Council, the meeting was adjourned.