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HomeMy WebLinkAboutMinutes City Council - 03/29/1971 - SpecialMINUTES CITY OF CORPUS CHRISTI, TEXAS SPECIAL COUNCIL MEETING March 29, 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 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 five zoning cases, proposed Text Amendments to the Zoning Ordinance, 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 followed, Mayor Blackmon announced the public hearing on Application #371-10, Egyptian Corporation, for change of zoning from "R -1B" One -family Dwelling District to "A-1" Apartment House District on a 15.47 -acre tract of land out of Lots 12 & 13A, Section 17, Flour Bluff and Encinal Farm and Garden Tracts, located in the 800 Block of Egyptian Drive. He explained that it was the recommendation of the Planning Commis- sion that "A-1" zoning be denied, but in lieu thereof a Special Council Permit be granted for apartment development according to the plot plan submitted, with no more density than the plot plan shows (112 units). Attorney Ted Anderson spoke representing the applicant, stating that the property is owned by the Egyptian Corporation, and that Mr. JohnT. Tucker is presi- dent. He pointed out that technically the question before the Council at this time is a matter of zoning, but as a practical matter, the problem is whether or not the action of the Council in May eE 1968, which granted to Mr. Frank Peerman a Special Council Permit for "A-1" Apartment District zoning, would be ratified. He explained that due to the fact that since that time two of the three tracts had been sold,the Special Permit was deemed void. He stated that the 112 units proposed for e -le subject property is the same number planned in the original request and is the same situation. He stated that at the time the Specie! Permit was granted, the Council did not require a site plan. Mr. Anderson explaind that Egyptian Drive will be extended through this development to Woodlawn Street and a swimming pool is proposed for public use, • • Minutes Special Council Meeting March 29, 1971 Page 2 Mr. Frank Peerman explained the background leading to this request stating that it was felt at the time of the original application in 1968, that multi -family development was the best use of the land, and that the situation had not changed. He further stated that the street system was constructed for this purpose; that it was their understanding that this was to be a final layout; that a drawing of the original plat showing possible location of buildings, streets, etc., and density of 112 units, was before the Council. He stated it was his understanding that they were not tied to this plan as long as the development met the platting requirements of the ordinance. City Manager Townsend stated there appeared to be a breakdown in communications somewhere, that essentially the problem is with the Special Permit and not a question of zoning. He pointed out that basically, the Planning Commission was in favor of the Special Permit as they had been before. Senior City Planner Larry Wenger stated it was the Staff's opinion that the request should be denied, but that "R-2" Two-family zoning could be granted allowing the developer to build duplexes, fourplexes or townhouses, which would be more in keeping with the development of this area. He explained that there is already con- siderable "R-2" zoning in the area; that the duplexes approved in the 1968 permit for the other tract were built, and that others are under construction. Mr. I. M. Glasser, 6601 Pharaoh, spoke in opposition stating that he was present at the 1968 hearing when the subject three tracts were considered as one tract. He pointed out on a map the major traffic arteries in the area and stated the streets leading into these major arteries are narrow, the lots are small with way single driveways, overloaded .one/streets, no offstreet parking, and congestion at peak hours of Junior High School activities. He pointed out that the property is one with reduced value until access is provided and there should be no more develop- ment until .this problem is corrected. Mr. Glasser stated that this 15.47 acre tract includes only approximately 9 acres of high ground suitable for building, and that the remaining 6 acres are low areas with poor drainage. He stated the development should be limited to what is available for building purposes, and further stated that he does not feel the request presently before the Council is parallel to the previous oue. Mr. Gordon Yarborough, 6814 Aswan, spoke in opposition, stating that the evidence presented at the previous hearing is not a -,,J icable now. He stated the • • Minutes Special Council Meeting March 29, 1971 Page 3 citizens of the area do not want the zoning basically because of the increased population density, traffic congestion, and inadequate access to and from schools in the area. He presented a petition containing 59 signatures of persons in the area in opposition. Mr. Bob Sullivan, 6634 Pharaoh, spoke in opposition, stating he had recently purchased his home in this area with the understanding that the schools would not be Overcrowded, and children would be relatively safe from traffic hazards. He stated he would not be opposed if a way could be devised to provide better accessin and around the elementary and junior high schools. Mr. W. H. Stahl, 4901 Kostoryz, spoke in opposition generally on the basis of alleged discriminations in connection with previous zoning requests. Mrs. Donald Stewart, purchaser of Lot 11, Block 37, spoke in opposition atating the purchase was made on the assumption that the area was zoned for single-family dwellings, and that she opposed the request for this reason and because of the increased traffic. Mr. Cliff Thompson, 1306 Aswan, spoke in opposition, stating that he believed the Council is and should be concerned with the total welfare of the City, and for that reason should be concerned with the number of persons who are in opposition to any request, stating that whatever is bad for a majority in a community would also be a detriment to the city as a whole. Mayor Blackmon explained that it is not possible for the Council to base their decisions on a poll of those for or against zoning requests; that it is not the responsibility of property owners within a given area to determine how the rest of the area should be zoned. He pointed out that it is not in the best interest of the City to have a lot of undeveloped land, and that it is often undeveloped because they are not allowed to do what they want to do. He explained how the majority does impose restrictions on the Council wherein the 20 percent rule in invoked. City Manager Townsend reported that letters in opposition had been received since the Commission hearing from Mr. and Mrs. Leo E. Miller, 942 Woodlawn Drive, and Mrs. Velma I. Greer, 6410 Whitaker, and that a letter in favor had been received from Mr, Edwin Juelg, stating he had no objection Ll the requested zoning if the owner shows an access road to their property. • Minutes Special Council Meeting March 29, 1971 Page 4 Mr. Roger Bateman, 1015 Luxor, spoke in opposition, stating he had purchased his home with the assurance that this entire area would be developed with single- family dwellings only. He pointed out the overcrowded schools, stating the area is already saturated with apartments; that developers should resolve their zoning problems before they purchase their property, and that too many requests had been granted by means of repetition in submitting the requests. Others appearing and indicating their opposition were: Mr. J.J. McConnell, 1102 Clairon Drive; Mrs. John Kinney, 1317 Woodlawn; Mrs.'A. J. DeLune, 1017 Egyptian Drive; and Mrs.Leo E. Miller, 942 Woodlawn. No one appeared to speak in favor or in opposition to the foregoing applica- tion. Motion by de Ases, seconded by Roberts and passed, that the hearing be closed. Motion by McDaniel, seconded by Roberts and passed, that the foregoing appli- cation be tabled for further consideration. Mayor Blackmon announced the public hearing on Application #371-6, Jewel Homes, Inc., for change of zoning from "R -1B" One -family Dwelling District to "I-2" Light Industrial District on approximately 2,74 acres out of Lot 8, Section 4, Bohemian Colony Lands, located on the north side in the 1700 Block of Padre Island Drive across from the Texas State Highway Department. He stated it was the recommendation of the Planning Commission that the area facing the South Padre Island Drive for a depth of 300 feet be zoned "I-2", and the rear 98.12 feet be zoned "B-1" Neighborhood business District to serve as a buffer to the adjacent residential district. Mr. Larry Urban spoke on behalf of the applicants, stating the purpose of the request was for the sale of the property as site locations for Circle "K" who intends to construct a regional distribution office and warehouse to serve all their stores in the area. He explained that their original application was for "I-2" because the ordinance stipulates that warehouse space must be limited to no more than 6,000 square feet. He stated that a Special Permit would not be acceptable since it would expire at the end of one year, and explained that it is anticipated that this land will not be developed for two years, but that funds have been provided for the purchase. • Minutes Special Council Meeting March 29, 1971 Page 5 Mr. Tim Clower, realtor, explained that the site was selected because of its accessibility to the Padre Island Expressway, stating the land was purchased with the plan to hold this frontage for this purpose. He pointed out other industrial uses fronting on Padre Island Drive, stating that the proposed use would not be ,out of character. He stated the traffic system is adequate, and that if it is the desire of the Council to buffer the area next to the single-family residences at the rear of the subject property, they would comply. He stated the contract with the purchaser is conditioned on the zoning change; that the adjacent property owners do not oppose the request, and that in their opinion, it is the highest and best use of the land. Mr. Seymore Mendell, representative of Circle "K" spoke in favor of the request, stating that an access road could be provided by circling around the other side of Chapman Ranch Road. He explained that they want to make Corpus Christi their Circle "K" headquarters, pointing out that it would be an asset to the City. Larry Wenger stated it was the Staff's opinion that possibly this property should be granted a Special Permit rather than the requested "I-2" Light Industrial District in order that the newly developed area to the north of the property will will be provided some means of protection from all types of uses allowed in the requested districts. A spokesman representing property owners of the surrounding area stated they were opposed to the requested zoning change; that they had made a concerted effort to improve the neighborhood, and felt the requested zoning would only add to their problems of traffic from Trojan Drive, and would not be of benefit to the dommunity. Motion by Bradley, seconded by McDaniel and passed, that the hearing be closed. Motion by McDaniel, seconded by Roberts and passed with Lozano abstaining, that the recommendation of the Planning Commission be concurred in and the Application of Jewel Homes, Inc. be approved: that the area facing on South Padre Island Drive for a depth of 300 feet be zoned "I-2", and the rear 98.12 feet be zoned "B-1" Neigh- borhood District to serve as a buffer to the adjacant residential district, and that an ordinance be brought forward effectuating the change. Mayor Blackmon announced the public heari;:,;; on Application #371-7, Sunset Lodge No. 1388, for change of zoning from "R -1B" 6,... :::roily Dwelling District to "AB" Professional Offic,. District on 1.50 -acre tract of land out of Lots 31 & 34, • • Minutes Special Council Meeting March 29, 1971 Page :b H. B. Sheppard Farm Lots, located at the rear of 8314 Leopard Street. He stated the request comes to the Council with the recommendation from the Planning Commis- sion that it be approved as requested, and that it was the Staff's opinion that it be approved as a logical buffer between the "R -1B" One -family Dwelling District and the "B-4" General Business District. No one appeared in opposition to the foregoing request. Motion by Bradley, seconded by de Ases and passed, that the recommendation of the Planning Commission be concurred in and that Application #371-7, Sunset Lodge No. 1388, for change of zoning from "R -1B" One -family Dwelling District to "AB" Pro- fessional Office District on a 1.50 -acre tract of land out of Lots 31 & 34, H. B. Sheppard Farm Lots, located at the rear of 8314 Leopard Street (Highway #9), be approved as requested, and that an ordinance be brought forward effectuating the change. Mayor Blackmon announced the public hearing on Application #371-9, R. W. Erwin, et al, for change of zoning from "R -1B" One -family Dwelling District to "B-1" Neighborhood Business District on a 10.27 -acre portion of Lots 24 & 25, Section 55, Flour Bluff & Encinal Farm & Garden Tracts, located on the east side in the 1700 Block of Waldron Road. He stated it was the recommendation of the Planning Commission that the request be denied. Mr. Jim Fleming, realtor representing the applicants, presented a map indi- cating the location of the pipeline easements on the subject property, and stated it is his opinion that the proposed business use is the highest and best use of the property, pointing out that the property is surrounded by "R -1B" districts on three sides; that they only have a 340' frontage on Waldron Road; that there are small homes across the street and mobile homes and mobile home parks located within the "FR" District to the south. He stated he is representing the owners, R. W. Erwin & Al Jennings of Houston, Texas, and that a neighborhood business center is proposed for development in the future. Larry Wenger stated it was the Staff's opinion that this request be denied because it would only tend to create additional requests along Waldron Road which, if approved, would establish continuous businesses along this street thereby causing a reduction of the ability of this street to carry the traffic due to the added con- gestion from the businesses. No one appeared in opposition to the for=?oing request. • Minutes Special Council Meeting March 29, 1971 Page 7 Motion by Bradley, seconded b, McDaniel and passed, that the hearing be closed. Motion by Bradley, seconded by Lozano that the request be approved. The motion failed for lack of sufficient affirmative vots. Motion by de Ases, seconded by Sizemore and passed, Roberts abstaining, that the recommendation of the Planning Commission be concurred in and that Application #371-9, R. W. Erwin, et al, for change of zoning from "R -1B" One -family Dwelling District to "B-1" Neighborhood Business District on a 10.27 -acre portion of Lots 24 & 25, Section 55, Flour Bluff & Encinal Farm & Garden Tracts located on the east side in the 1700 Block of Waldron Road, be denied, Mayor Blackmon announced the public hearing on Application #371-8, John Huston, for change of zoning from "R -1B" One -family Dwelling District to "AB" Pro- fessional Office District on a triangular tract of land having a length of 134' and a width of 35' out of Lot 6, Block 9, Carroll Lane Park Unit #2, located at the rear of 3643 South Staples Street. He stated that it was the recommendation of the Planr ning Commission that the request be approved. Attorney Jake Jarmon spoke representing the applicant, described the prop- erty in question stating the land is a small triangular strip between Lots 6 & 7, Block 9, and that they are asking that the lot line be established so as to be parallel with the boundary line to provide off street parking and traffic circula- tion within the lot. He explained that the small irregular tract is worthless because it separates the garage from ,the driveway. He explained that what they are attempting to do is zone the tract according to the plat. Mr. W. H. Stahl, 4901 Kostoryz spoke in opposition on the basis of alleged discriminations relative to previous zoning requests. Motion by McDaniel, seconded by Roberts and passed, that the hearing be closed. Motion by McDaniel, seconded by Roberts and passed, that Application #371-8, John Huston, for change of zoning from "R -1B" One -family Dwelling District to "AB" Professional Office District on a triangular tract of land having a length of 134' and a width of 35' out of Lot 6, Block 9, Carroll ane Park Unit #2, located at the rear of 3643 South Staples, be approved as requested, and that an ordinance be brought forward effectuating the change. • '` • Minutes Special Council Meeting March 29, 1971 Page 8 City Manager Townsend presented pending matters and the following actions were taken. He explained that Ordinance No. 10180, relative to the zoning application of Trendomatic Corporation was inadvertently voted upon March 24, 1971, and lacked sufficient affirmative votes to pass pursuant to the 20 percent rule which was in effect. Motion by McDaniel, seconded by Bradley and passed, de Ases abstained, that the action of the Council of March 24, relative to Trendomatic Corporation zoning application, be rescended and that the ordinance be submitted for reconsideration. Application #271-3, Oliver W. Beasley: Mr. Townsend explained that the request was heard by the Council March 15, 1971, at which time it was tabled since the applicant indicated he was only interested in "B-4" for half of the property fronting on UpRiver Road. It was agreed that an ordinance be brought forward changing the zoning on the South 1/2 of Lot D, Magee Tract Annex, from "FR" Farm -Rural District to "B-4" General Business District, and changing the zoning on the North 1/2 of Lot D, Magee Tract Annex, from "FR" Farm -Rural District to."R-1B" 0nefamily Dwelling District. Application #171-7, Ricardo Gonzalez, for change of zoning from "R -1B" One - family Dwelling District to "8-1" on a portion of Lot 6, or a portion of the south 1/4 of the north 1/4 of Section C, Paisley's Subdivision of the Hoffman Tract. Mr. Townsend explained that the Council heard the request on March 1, 1971, at which time it was tabled for further consideration pursuant to the 20 percent rule being in effect. It was agreed that an ordinance be brought forward granting to Ricardo Gonzalez a change of zoning 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, from "R -1B" One -family Dwelling District to "B-1" Neighborhood Business District. Application #271-16, Saratoga Land Company, for change of zoning from "R -1B" One -family Dwelling District to "R-2" Two-family Dwelling District, being a 44.5 -acre tract of land out of Lots 9 through 13, and 20 through 22; and Tract B - from "R -1B" One -family Dwelling District to "A-1" Apartment House District, being an 8.3 -acre portion out of Lot 9, both tracts out of Section 4, Flour Bluff & Encinal Farm & • Minutes Special Council Meeting March 29, 1971 Page 9 Garden Tracts. Mr. Townsend explained that the request was heard by the Council March 15, 1971, at which time it was tabled for further consideration pursuant to the 20 per- cent rule. Motion by Roberts, seconded by McDaniel that "A-1" zoning be granted on the portion facing on South Staples Street (Tract B). Commissioners Sizemore, Lozano and de Ases, and Mayor Blackmon voted "Nay". Bradley, Roberts and McDaniel voted for the motion. The motion failed to pass. Motion by Lozano, seconded by de Ases and passed, that the recommendation of the Planning Commission be concurred in and that the request for change of zoning on Tract A from "R -1B" One -family Dwelling District to "R-2" Two-family Dwelling District, being a 44.5 -acre tract of land out of Lots 9 through 13, and 20 through 22, Section 4, Flour Bluff & Encinal Farm and Garden Tracts, be denied. Commissioners McDaniel and Sizemore voted for the motion. Commissioners Roberts and Bradley voted "Nay". Mayor Blackmon declared the motion passed, and that Application #271-16 Saratoga Land Company was denied. Application #371-2, T. M. Gonzalez, for change of zoning from "R -1B" One -family Dwelling District to "B-4" General Business District, on Lot 51, Block 4, High Terrace Addition. City Manager Townsend explained that the request was heard by the City Council March 22, at which time it was tabled for further consideration. Motion by de Ases, seconded by Roberts and passed, with McDaniel voting "Nay" that Application #371-2, T. M. Gonzalez, for change of zoning from "R -1B" One -family Dwelling District to "B-4" General Business District, on Lot 51, Block 4, High Terrace Addition, be denied, but in lieu thereof a Special Council Permit be granted for opera- tion of a shop for repair of business machines and household applicances, with the provision that there be no outside storage, and that an ordinance be brought forward subject to an approved site plan. Application #371-3, Robert Callaway, for change of zoning on Tract A; - from "R -1B" One -family Dwelling District and "B-1" Neighborhood Business District to "B-4" General Business District; Tract B - "R -1B" One -family Dwelling District to "A-1" Apartment House District; and Tract C - "R -1B" One -family Dwelling District to "R-2" Two-family Dwelling District, all tracts located in Lots 3 & 4, Section 18, Flour Bluff and Encinal Farm and Garden Tracts, located between McArdle Road and South Padre Island Drive, across from Haas Junior High School. Minutes Special Council Meeting March 29, 1971 Page 10 Mr. Townsend stated that the request was heard by the Council March 22, 1971, at which time the recommendation of the Staff was concurred in and the request approved as applied for contingent on submission of a letter -statement of good faith that the units on Tract "C" will be limited to seven per acre. Mr. Townsend read the letter which was submitted. It was agreed that Mr. Callaway should submit a redraft of the letter by Wednes- day March 31, and if acceptable, an ordinance be brought forward effectuating the change of zoning as recommended. Mayor Blackmon announced the public hearing on proposed Text Amendments to the Zoning Ordinance. City Manager Townsend explained that the proposed amendments had been duly published pursuant to the requirements of the City Charter, and that each member of the Council had been furnished with a copy of said proposed amendments. No one appeared in favor or in opposition to the proposed amendments. It was agreed that the hearing be recessed to 11:00 a.m.,March 31, 1971, to reconvene in the City Manager's Office. There being no further business to cane before the Council, the meeting was adjourned.