HomeMy WebLinkAboutMinutes City Council - 03/01/1971 - SpecialMII•AU E:S
CITY OF CORPUS CHR1ST1, TEXAS
SPECIAL COONCiL MEETING
Match 1, 1971
2:00 p.m.
PRESENT:
Mayor Jack R. Blackmon
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 Bobby Terry
City Secretary T. Ray Kring
Mayor Jack R. Blackmon called the meeting to order and stated the purpose of the
Special Meeting was to holgl public hearings on eight zoning cases and any other business
as may,properly come before the Council. He asked that it be noted that allanembers of the
Council and the required Charter officers were present.
City Manager Townsend presented for the Council's consideration the following
ordinance.
ORDINANCE NO. 10125
AMENDING THE ZONING ORDINANCE OF THE CIN OF CORPUStHRISTI ADOPTED ON
THE 27TH DAY OF AUGUST, 1937, APPEARING OF RECORD IN VOLUME 9, PAGES 565, ET
SEQ, OF THE ORDINANCE AND RESOLUTION RECORDS, AS AMENDED FROM TIME TO
TIME AND PARTICULARLY AS AMENDED BY ORDINANCE NO. 6106, AS AMENDED, UPON
APPLICATION OF JACK RYAN BY AMENDING THE ZONING MAP BY CHANGING THE
ZONING ON A 10 -ACRE PORTION OF LOTS 1 & 2, SECTION 9, BOHEMIAN COLONY
LANDS DESCRIBED AS TRACT "A" SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES
COUNTY, TEXAS, FROM "R -1B" ONE -FAMILY DWELLING DISTRICT TO "A-1" APARTMENT
HOUSE DISTRICT; KEEPING IN EFFECT ALL OTHER PROVISIONS OF THE EXISTING ORDINANCE
A5 AMENDED; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND DECLARING AN
EMERGENCY.
The Charter Rule was suspended and the foregoing ordinance was passed by the following
vote: Blackmon, Lozano, Bradley, McDaniel, Roberts and Sizemore, present and voting "Aye';
de Ases voting "Nay".
Mayor Blackmon announced the public hearing on Application #171-4, City of Corpus
Christi, for change of zoning from "R -1B" One -family Dwelling District to "1-2" Light Industrial
District on an 80 -acre tract of land located in the 2700 Block of Sacky Drive.
Senior City Planner Larry Wenger pointed out the location of the property and described
the existing zoning classifications in the surrounding area. He stated that the request was heard
by the Planning Commission January 19, 1971, at which time Director of PublicWorksJack McDaniel
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Special Council Meeting
March 1, 1971
Page 2
spoke on behalf of the City and explained the prnposed service center for the entire muncipal
field operations stating that the hash concept of thin; service center is to bring all functions
to a central location for improved access and efficiency; that the plan originated in 1953,
having been revised and updated several times since that time; that the land has been acquired
by bond issued which were voted for this purpose and will include the sanitation, street and
e.q..ipment maintenance departments for a total of approijnately 300 employees. He explained
that there will 'be no access from Sacky Drive, the main entrances being on Ayers, Holly Road
and Richter Street. Mr. Wenger stated that local architect Dave Wilson presented slides of the
development showing location of buildings and ingress and egress, also showing proposed land-
scaping of areas throughout the developrrtlsnt intended to give the center a campus -type
atmosphere and to serve as the Park Department's nursery areas. He stated that one person
appeared at the hearing and spoke in opposition primarily on the basis that the center would be
approximately 100 yards from his mobile home park and he felt the development would create
noise and traffic which would be anuisance to his operation. Mr. Wenger stated that prior to
the hearing, the Staff mailed out 100 notices„ nine received in favor, six intppposition, and
one received in opposition after the hearing; that it was the recommendation of the Planning
Commission and the Staff that the request be approved as submitted. He presented a Master
Plan showing the proposed development at this site.
Mr. Tony Bonilla, attorney, spoke in opposition to the foregoing zoting request on
behalf of a delegation of residents in the area, stating that he had no objection to the basic
concept of the service center, but that several years ago a group of citizens from this area had
petitioned the Council on two separate occasions for certain street, sidewalk, drainage and
sewer improvements, and had voted bonds for them, but had been told funds were not available,
and that nothing more has been done. He questioned why these improvements hate not
materialized but the plans for the service center have; also questioned why the center must be
located in the middle of lower income areas and not in some other area when there are other
areas available or could be. He stated the location of the center in this area would devalue
the properties, and presented pictures of alleged deterioration of areas of existing like facilities,
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Special Council Meeting
March 1, 1971
Page 3
stating they were initially rezoned for "campus -like" atmosphere. He pointed out that the
streets are narrow; that requests to have {hem widened have been ignored; that there will be
traffic congestion, noise, odors, poor drainage, danger and bad atmosphere for school children.
He also stated that this area has no park areas and suggested that the land be sold to a developer
who would develop it for homes with the required park areas. He urged the Council to table
the matter until a suitable site can be selected where it will not be in conflict with residential
areas.
City Manager Townsend explained the need for this facility and pointed out that the
property in question had been acquired several years ago for this specific purpose; described
the location of the proposed sewer line and the property it will serve, stating that the location
of the proposed facility will resolve the sewer problem; that the improvement of Sacky and Milo
streets was included in the February 1970 bond issue and will be completed in due time; that the
major drainage ditch was completed several years ago, but pointed out that the program was set
back at least six months as a result of Hurricane Celia. He explained that this site was chosen
because of its central location and its large size, providing ample open space for careful handling
of landscaping and buffer zones. He further pointed out that additional funds for this project may
be obtained from the fate of City properties throughout the City on which these departments are
presently located, and that the problem in those neighborhoods will no longer exist. Mr. Town-
send explained that the zoning is now before the Council bec9use the question had been raised
as to whether or not this type of construction should be restricted to a specific type of zoning
with relationtto public buildings, and was submitted to the Planning Commission by the
architects in good faith. He stated that the approval of the bond issue was a clear approval for
placing the project at this location.
Mr. Raymond Flores, 2518 Sacky, spoke in opposition, concurring in the statements of
Mr. Bonilla that the proposed center does not necessarily have to be located in this area;
questioned the source of the funds, and whether or not they actually had had a voice in City
Government since they had followed certain procedures through petitions and formal requests.
Mr. Townsend explained that the City does not construct streets, curbs and gutters and
sidewalks in new subdivision, but that they are installed and paid for by the subdividers; that the
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Special Council Meeting
March 1, 1971
Page 4
bonds voted for the service center cannot be used for street improvements, and that bonds voted
street improvements cannot be used for the service center. He stated that the bonds for the
service center were. approved in 1964, and for the street improvements in February 1970.
Mrs. San Juanita Clay, 4520 Richter, spoke in opposition stating that she is one of five
others who still have cess pools on their property, and that they had requested and indicated
their willingness to have the sewer line installed seven years ago.
City Manager Townsend reported that six letters from persons in opposition and four in
favor had been Filed with the City Secretary after the Commission hearing.
Others present and indicating their opposition generally for the reasons heretofore
stated were:. Mrs. Noe Marin, 2718 Mild Mrs. Ojjelia,Ramos, 2730 Milo; Rudy Esquivel,
5305 Wharton; Reynaldo Gonzalez, 2738 Sacky; Manual Escamilla, 3622 MiIo;MVC&rtin E. Flores,
2613 Milo; Delbert DQw 2629 Milo; Ramiro Benevades, 2722 Sacky; Adelino Vilarreal, 5330
Wharton; Santana Villarreal, 5414 Richter; Candelario Banda, 2642 Milo; Carlos Rodriguez,
251%1►Ailo; also residents at 5314 Wharton, 5335 Wharton, 2702 Sacky, 2514 Milo, 2813 Sokol
Drive; 5302 Alexander, 5418 Richter;' 5305 Alexander., 5310 Alexander; and 15334 Alexander.
In answer to the question raised as to the entrance from Hygeia Street to an employee
parking lot, City Manager Townsend stated that the project is designed whereby all traffic will
be off Ayers Street and Holly Road with only employee cars coming into the area from Hygeia,
and that trucks will not be allowed to enter from the Richter Street access.
Motion by Bradley, seconded by Roberts and passed, that the hearing be closed.
Motion by de Ases, seconded by Lozanoand passed, that the foregoing Application
#171-4, be tabled for further consideration.
Mayor Blackmon announced the public hearing on Application #171-5, Dr. M. B.
Pigott, Jr. et al, for change of zoning on property located in the 4300 Block of South Staples
Street, for retail sales of automobiles, and stated that the case had been heard by the Planning
Commission January 19, 1971; that no one had appeared in opposition and that there had been
no written communications since the hearing in opposition; that it was the recommendation of
both the Planning Commission and the Staff that the request be approved asiigubmitted on the
basis that there is "B -4'r z6ning on two sides of the property already, and there is "B-5" across
South Staples and this would be logical zoning for this property.
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SpeciarCouncil Meeting
March 1, 1971
Page 5
Motion by Bradley, seconded by Roberts and passed, that the hearing be closed.
Motion by Bradley, seconded by Roberts and passed, that the recommendation of the
Planning Commifsionand the Staff be concurred in and that Application 4171-5, Dr. M. B.
Pigott, Jr. et al, for change of zoping from "8-1 Neighborhood Business District to "B-4"
General Business District on Lots A-1, B-1 and C-1, of the Habluetzel Tract and all of the
Sparks Tract, located in the 4300 Block of South Staples Street be approved as requested, and
that an ordinance be brought forward effectuating the change.
Mayor Blackmon announced the public hearing on Application 4171-6, George
Hartofilax, for "B-4" General Business zoning on property located in the 200 Block of Old
Robstown Road.
Larry Wenger located the property on the zoning and land use map, and pointed out
the- zoning
classifications in the area, and that a drive-in restaurant is proposed for
the location. He stated that the request was heard by the Planning Commission January 19,
1971; that one person had appeared in opposition; that prior to the hearing the Staff mailed
out fourteen notices, two received in favor, one in opposition, and two letters received in
favor outside the 200 -foot notification zone, and that a petition containing 42 signatures in
favor had been submitted with the iapplication; that it was the recommendations of both the
Plannirg Commission and the Staff that the request be denied since the prpperty is located in
a residential area and would encourage continuous business zoning along Old Robstown Road.
Mr. George Hartofilax, applicant, appeared and stated that a grocery store had been
located on this property which he had removed after the building was condemned by the City,
and that he proposes to build a new building and establish a drive-in restaurant. He pointed
out that there are various other businesses located to the south and some industrial uses to the
east; that the owner of the property immediately adjoining to the north was operating a business
at that location, but had opposed his request.
Mr. H. F. Pfenninger, 222 Old Robstown Road, owner of the adjacent lot, spoke in
opposition stating that the subject lot is too small for a building for any kind of business. He
stated that he is a paint contractor and uses his property for storage of his paint supplies with
no in and out traffic.
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Special Council Meeting
March 1, 1971
Page 6
Mr. J. B. Scott, 3601 South Saxet, spoke in opposition stating he had lived at this
address for 17 years when the grocery store was there and that the residents had contended
with considerable aggrevation from the noise, traffic and debris. He stated he had filed
with the Planning Commission a written objection.
City Manager Townsend repotted that several letters had been received since the
Commission hearing in favor, and also a petition containing 17 signatures of persons in favor,
including sorefrom the Emanuel Baptist Church, provided the sale of alcoholic beverages is
restricted.
Motion by Bradley, seconded by de Ases and passed, that the hearing be closed.
Motion by McDaniel, seconded by Bradley and passed, that Application 1171-4
George Hartofilax, for change of zoning from "R -1B" One -family Dwelling District to "B-4"
General Business District, on a portion of Lots 6 and 7, Hillcrest One -acre Tracts, located in
the 200 Block of Old Robstown Road, be denied, but in lieu thereof "AB" Professional Offfxe
District be granted, and that an ordinance be brought forward effectuating the change.
Mayor Blackmon deported the meeting at this time.
Mayor Pro Tem Lozano announced the public hearing on Application 0171-7, Ricardo
Gonzalez, for change of zoning from "R -1B" One -family Dwelling District to "B-1" Neighborhood
Business District, on a portion of Lot 6, or a portion of the South one-fourth of the north one-
fourth of Section C, Paisley's Subdivision of the Hoffman Tract, located at 2726 Gollihar Road.
Larry Wenger located the property and pointed out the existing zoning in the area,
stating that a building for retail business is proposed. He stated that the request was heard by
the Planning Commission January 19, 1971, at which time Mr. Pedro Garcia, attorney represented
the applicant and stated that the residents of the surrounding area had been approached and they
had no opposition. Mr. Wenger stated that one person spoke in opposition stating he was con-
cerned about the type of business that will be established and how it will affect his property;
stated that prior to the hearing the Staff mailed out fifteen notices, one received in favor and
one in opposition; that it was the recommendation of both the Planning Commission and the Staff
that the request beldenied on the basis that it would tend to increase the business zone and
encourage more business uses on both sides of Gollihar Road.
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Special Council Meeting
March 1, 1971,.
Page 7
Mr. Ricardo Gonzales, applicant, spoke on behalf of the request, stating that he
had observed that there is spot zoning all over the City, and that he feels these small
businesses are needed. He stated he is not financially able to purchase an expensive lot,
and that hehad attempted to purchase one which would be profitable to him. He pointed
out that Gollihar had been expanded out to Greenwood Drive and is lined with all kinds
of professional offices; stated that he had the approval of the Assembly of God Church and
signed petitions by adjacent property owners in favor, and that he feels the proposed
development will be an asset to the community. He explained that a washateria and barber
or beauty shop are definitely planned and they will develop the property in accordance
with the "B-1" regulations; that there will be one entrance from Spring Street and two on
Gollihar, preserving the residential character on Spring Street.
City Manager Townsend stated that two letters had been received since the Commission
hearing in favor and one in opposition, and that the 20,percent rule is in effect.
No one appeared in opposition to the foregoing request.
Motion by Bradley, seconded by Roberts and passed, that the hearing be closed.
Motion by Roberts, seconded by Sizemore and passed, that the foregoing request be
tabled for further consideration.
Mayor Pro Tem Lozano announced the public hearing on Application #271-1, Ruth
Dearing, Realtor, for change of zoning from "R -1B" One -family Dwelling District to "B-1"
Neighborhood Business District, on Lot 1, Block 35, Windsor Park. Unit #4, located at 4802
Janssen Street.
Larry Wenger presented the application and pointed out the zoning and land uses in
the surrounding area; stated that at the Commission hearing held February 2, 1971, the
applicant appeared and stated a real estate office is proposed. Mr. Wenger stated that no one
appeared in opposition; that prior to the hearing the Staff mailed out thirteen notices, six.
received in favor and none in opposition; that a petition signed by 16 area residents (some of
which were within the 200 -foot radius) who were in favor was also received; that it was the
recommendation of the Planning Commission that the request be denied, but in lieu thereof a
Special Permit be granted for a real estate office with a six-foot redwood fence and adequate
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Special Council Meeting
March 1, 1971
Page 8
off-street parking according to the plot plan presented by the applicant, and that the Staff's
recommendation was denial on the basis that it faces an a residential street and sides on
Everhart Road, and approval would encourage continuous business zoning along Everhart
Road which would be contrary to the approved Everhart Zoning Study.
Mrs. Ruth Dearing and her associate realtor, appeared on behalf of the request,
stating thbt the property is under contract to purchase subject to the requested zoning.
Mrs. Dearing stated that the owner of the dwelling has not been able to rent it because of
its location on the corner of a dangerous street. She explained that the existing building
will be remodeled; the back yard will be used as a parking lot; that the driveways will be
located on Everhart Road and no access from Janssen Drive; and that "B-1" is requested
rather than "AB" to allow for a larger sign. She stated the special permit as recommended
by the Commission w cold be acceptable. She presented a sketch of the proposed real estate
office which was approved with the Special Permit.
No one appeared in opposition to the foregoing matter.
Motion by Bradley, seconded by de Ases and passed, that the hearing be closed.
Motion by McDaniel, seconded by Bradley, with Roberts voting "Aye", that the
foregoing request be denied. The vote was tied and the motion failed.
Motion by Bradley, seconded by de Ases and passed, that Application 0271-1,
Ruth Dearing, be tabled for further consideration.
Mayor Pro Tern Lozano announced the public hearing on Application 0271-2, Buford
Nicholson, for change of zoning from "R-18" One -family Dwelling District to "A-1" Apart-
ment House District on property located on the south side of the 6600 Block of Williams Drive.
Larry Wenger stated that the request was heard by the Planning Commission February 2,
1971; that an apartment complex is proposed to be known as Briarwood Subdivision with
approximately 280 single-family residences and 12.4 acres to be used for aportment development.
He stated that no one spoke in opposition; that prior to the Bearing the Staff mailed out five
notices, none received in favor and none in opposition; and that it was the recommendations
of both the Commission and the Staff that it be approved as requested.
No one appeared in opposition to the foregoing request.
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Special Council Meeting
March 1, 1971
Page 9
Motion by Bradley, seconded by McDaniel and passed, that the hearing be closed.
Motion by Bradley, seconded by McDaniel and passed, that the recommendations of
the Planning Commission and the Staff beiconcurred in and that Application #271-2, Buford
Nicholson, for change of zoning from "R -1B" One -family Dwelling District to "A-1" Apart-
ment House District, on approximately a 12 -acre tract ou} of Lots 19 and 20, Section 18,
Flour Bluff and Encinal Farm and Garden Tracts, located on the South side of the 6600 Block
of Williams Drive, be approved as requested, and that an ordinance be brought forward
effectuating the change.
Commission McDaniel departed the meeting at this time.
Mayor Pro Tem Lozano announced the public hearing on Application #271-4, Roy
Lay, Jr., and Carl D. Webb, for change of zoning to "R-2" Two-family Dwelling District
on property located in the 900 Block of McDonald Streets-
Larry
treet.Larry Wenger pointed out the location and described the existing zoning districts;
stated that the Planning Commission heard the request February 2, 1971; that a duplex
apartment project is proposed; that no one appeared in opposition; that prior to the hearing
the Staff mailed out ten notices, none received in favor nor in opposition; and that it was
the recommendation of both the Commission and the Staff that it be approved as requested.
City Manager Townsend stated that a letter had been received from Captain J. T.
Acuff, Staff Civil Engineer of Naval Air Station, stating that the Navy is concerned about
any increase in population density in close proximity to the Naval Air Station and any
potential increase should be discouraged. He requested that the Council take recognition
of the attendant safety hazards and noise problems associated with aircraft flight as a highly
undesirable environment for a concentrated residential area.
No one appeared in opposition to the foregoing application.
Motion by Bradley, seconded by de Ases and passed, that th10 hearing be closed.
Motion by Bradley, seconded by Sizemore and passed, that the recommendation of the
Planning Commission and the Staff be concurred in and that Application #271-4, Roy Lay, Jr.,
and Carl Webb, for change of zoning from "R-18" One -family Dwelling District to "R-2" Two-
family Dwelling District on Lots 8 and 33, Block 11, and Lots 5 through 9, Block 12, Flour
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Special Council Meeting
March 1, 1971
Page 10
Bluff Park Subdivision (Lot 8, Block 11 located in the 900 Block of Flour Bluff Drive and remain-
ing Lots located in the 900 Block of McDonalt! Street), be approved as requested, and that an
ordinance be brought forward effectuating the change.
Mayor Pro Tem Lozano announced the public hearing on Application 0271-5, City of
Corpus Christi, for change of zoning from "R -1B" One -family Dwelling District to "R-2" Two-
family Dwel ling District, on an approximately 3 -acre tract of land known as the Old Armory
Site, located in the 3900 Block of Ramsey Street.
Larry Wenger located the property and stated the State Guard Armory Building which is
located on it was badly damaged by Hurricane Celia and will be removed; that the property has
been declared surplus by the City, and will be sold and probably used for duplex apartments.
He stated the requestiwas heard by the Planning Commission February 2, 1971, at which time
Mrs. Evelyn Wilson, owner of Lot 13, Block 21, Arcadia Village, spoke in favor and that four
other property -owners were also in favor; that one person spoke in opposition stating that Ramsey
Street is very congested and apartments would create more traffic around the area schools; stated
that prior to the hearing the Staff mailed out 45 notices, nine received in favor and six in
opposition; that it was the recommendation of the Staff and the Planning Commission that the
request be approved. He stated the 20 percent rule is in effect because of the opposition on the
two lots at the rear of the property.
No one appeared in opposition to the foregoing application.
City Manager Townsend pointed out that the Council had by motion previously approved
the sale of the subject property, and that the only question before the Council is whether or not
the zoning is proper. He stated that one letter had been received since the hearing in
opposition and two in favor.
Mrs. Evelyn Wilson, representing the Nueces County Governor's Committee on Aging,
appeared and stated the Committee' letter had been filed with the City Secretary heartily
endorsing the sale and use of this site for duplex apartments.
Motion by Sizemore, seconded by Roberts and passed, that the hearing be closed.
Motion by Sizemore, seconded by Roberts and passed, that Application 0271-5, City
of Corpus Christi, for change of zoning from "R -1B" One -family Dwelling District to "R-2"
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Special Council Meeting
March 1, 1971
Page 11
Two-family Dwelling District, on an approximate 3 -acre tract of land known as the Old
Armory Site, located in the 3900 Block of Ramsey 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.