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HomeMy WebLinkAboutMinutes City Council - 09/08/1971 - Special• MINUTES CITY OF CORPUS CHRISTI, TEXAS SPECIAL COUNCIL MEETING September 8, 1971 3;30 p.m. PRESENT: Mayor Ronnie Sizemore Commissioners: Roberto Bosquez, M.D. Rev. Harold T. Branch Thomas V. Gonzales Gabe Lozano, Sr. J. Howard Stark City Manager R. Marvin Townsend City Attorney Jim Riggs City Secretary T. Ray Kring Mayor Ronnie Sizemore called the Special Meeting to order at 4:30 p.m. and noted that a quorum of the Council and the required Charter officers were present. He explained the purpose of the meeting was to hold public hearings on scheduled zoning applications and any other business as may properly come before the Council. City Manager Townsend presented Application 0771-6, Everhart Corporation, for change of zoning from "R -1B" One -family Dwelling District to "AB" Professional Office District, on an approximate 0.28 -acre tract of land out of Lot 3, Sections 1, Tract D, Country Club Estates, located on the north side of the 4800 Block of Saratoga Boulevard, east of Everhart Road. He explained that the request was heard by the Planning Commission August 3, 1971, and forwarded to the Council with the recommendation that it be denied, but in lieu thereof "A-1" Apartment House District be granted on the basis that this would be the most logical use for this tract due to the size, shape and location. Mr. Charles A. Steen, 4953 Cherry Hills, representing the Corpus Christi Country Club Board of Governors, stated they are in opposition to the application because of its close proximity to the Country Club Golf Course; and the Fairway Apartments have no playground areas for the children to play, so they use the golf course as a playground and several children have been hit by golf balls. He stated that the Country Club is willing to erect a 6'. fence around the perimeter of the golf course, but it is deed restricted prohibiting the erection of the fence. He stated the recommended special permit permitting the construction of apartments on the subject area would only increase the problem. He stated that the Everhart Corporation would agree to constructing a fence on the subject property line, but felt the cost would be prohibitive for the remainder of the Country Club boundary line separating the apartment areas. He stated that if the applicant and the Country Club could come to an agreement relative to the fence, there would be no problem. • • • Minutes Special Council Meeting September 8, W71 Page 2 Mr. Ed.Prichard, attorney representing the Country Club Land Owners' Association, stated they are opposed to the request for the same reasons as the Country Club Board of Governors, pointing out that children are using the golf course as a playground, and that teenagers also use it as a short cut in visiting their friends. He stated it is a problem of safety and health hazard, and that to permit more apartments would only magnify an already existing problem. He also pointed out that the "AB" zoning would allow too great a density for this small piece of property, and that they would still oppose the request even if a screening fence is constructed. Mr. Chester Wheelis, 4934 Greenbriar, President of the Corpus Christi Country Club, stated the offer had been made by the Country Club to build the six-foot screening fence around the perimeter of the Golf Course and that they had requested a waiver of the deed restrictions. He stated agreement had not been reached relative to the height of the fence. Motion by Lozano, seconded by Branch and passed, that the hearing, be closed. Motion by Branch, seconded by Gonzales and passed, that the foregoing request be tabled for further consideration. City Manager Townsend presented Application #871-1, Michael L. Berry, for change of zoning an property located on a 0.59 -acre tract of land on the southeast corner of Werner Lane and UpRiver Road. He explained that the case was heard by the Planning Commission August 3, 1971, and forwarded to the Council with the recommendation that it be denied, but in lieu thereof "A-1" Apartment House District be granted for the following reasons: (1) This property is in an area of transition; and (2) "A-1" would be a logical extension of the existing "A-1" zoning in the area. No one appeared in opposition to the recommendation of the Planning Commission. Motion by Lozano, seconded by Branch and passed, that the hearing be closed. Motion by Stark, seconded by Bosquez and passed, that the recommendation of the Planning Commission be concurred in and that Application #871-1, Michael L. Berry, for change of zoning from "R -1B" One -family Dwelling District to "A-2" Apartment House District, on an area out of Lot 11, Bancroft Farm Lots, consisting of 0.59 -acre, located on the southeast corner of Werner Lane and UpRiver Road, be denied, but in lieu thereof "A-1" Apartment Minutes Special Coyncil Meeting September 8, 1971 Page 3 House District be granted on the basis that the property is in an area of transition and that "A-1" would be a logical extension of the existing "A-1" zoning, and that an ordinance be brought forward effectuating the Special Permit. City Manager Townsend presented Application #871-2, C. H. Page, for change of zoning on property located on the west right of way line of Airline Road, south of Williams Drive. He explained that the case was heard by the Planning Commission August 3, 1971, and forwarded to the Council with the recommendation that it be denied, but in lieu thereof "AB" Professional Office District be granted because this use is permitted in the "AB" District and would be a logical expansion of the "AB" zoning to the north. No one appeared in opposition to the recommendation of the Planning Commission. The applicant, Mr. C. H. Page, was present and stated the recommendation of the PlanningCommission was acceptable. Motion by Branch, seconded by Stark and passed, that the hearing be closed. Motion by Lozano, seconded by Gonzales and passed, that the recommendatipn of the Planning Commission be concurred in and that Application #871-2, C. H. Page, for change of zoning from "R -1B" One -family Dwelling District to "B-1" Neighborhood Business District, on property located on the west right of way line of Airline Road, south of Williams Drive, C. H. Page Addition, be denied, but in lieu thereof "AB" Professional Office District be granted, and that an ordinance be brought forlward effectuating the change. Mayor Sizemore announced the public hearing for consideration of a Text Amendment to the Zoning Ordinance relative to Article 31, Newly Annexed Terriroty (Saratoga Land Company) dealing with the provision of automatically zoning territory of areas "R -1B" One - family Dwelling District when annexed to the City until a permanent zoning is established. He explained that a public hearing was held by the Planning Commission August 10, 1971, and forwarded to the Council with the recommendation that the proposed text amendment to Article 31 of the Zoning Ordinance be approved as submitted by the Planning Staff, which includes a zoning plan for approximately 405 acres when it is annexed to the corporate limits of the City of Corpus Christi. i • Minutes Special- Council Meeting September 8, 1971 Page 4 1 • Larry Wenger, Senior City Planner, pointed' out the location of the districts on the zoning and land use map, and described the proposed zoning. City Manager Townsend explained that this proposal is for voluntary annexation and is unusual in that it is the first of this type amendment regarding newly annexed territory whereby a large area of land is annexed into the City with a plan for zoning already established by text amendment. He explained the developers have followed a master plan of development and have provided more than the maximum requirements for utilities and improvements to make this a high standard development. He stated the issue before the Council:is to either reject or approve the recommendation of the Planning Commission. In answer to questions from the Council, he stated that the only notification of the hearing was through the local newspaper publication as required by law. Mr. Hulen Hunt, 4659 Everhart, stated he owns 83 acres of property immediately to the east of the subject property and inquired as to what effect this zoning annexation would have on his property. He stated he was speaking neither for nor against because he had not had an opportunity to review the request, but that the overall plan looked good. Mr. Tom Swantner, Wilson Tower, stated he was opposed to any Text Amendment to the Zoning Ordinance. Motion by Stark, seconded by Lozano and passed, that the heating be closed. Motion by Lozano, seconded by Gonzales and passed, that the recommendation of the Planning Commission be concurred in and that Article 31 of the Zoning Ordinance be approved as submitted by the Planning Staff, which includes a zoning plan for approximately 405 acres when it is annexed to the corporate limits of the City of Corpus Christi as follows: I. Amend Section 31-1 by adding the phrase "Except as provided in Section 31-5 below, " 'at the beginning of the section. II. Add a new section to be numbered Section 31-5 which shall read as follows: Section 31-5 If and when the following described tracts of land proposed as Country C b Estates are annexed to the City of Corpus Christi, Texas, they shall be automatically zoned and classified as hereafter set forth. • • • s • Minutes Special Council Meeting September 8, 1971 Page 5 31-5.01 The following described tracts of land shall be zoned and classified as - "R-2" Two-family Dwelling District: (1) Lot 2, Block 4, Unit 19, Country Club Estates Preliminary (Approx. 9.0 acres) metes and bounds description on file in the Planning Office. (2) Lot 1, Block 5, Unit 19, Country Club Estates Preliminary (Approx. 8.2 acres) metes and bounds description on file in the Planning Office. (3) Block 16, Unit 20, Country Club Estates Preliminary (Approx. 13.6 acres) metes and bounds description on file in the Planning Office. (4) Lot 1, Block 1, Unit 19, Country Club Estabes Preliminary (Approx. 13.2 acres) metes and bounds description on file in the Planning Office. (5) Lot 2, Block 13, Unit 20, Country Club Estates, Preliminary (Approx. 11.7 acres) metes and bopnds description on file in the Planning Office. (6) Lot 2, Block 14, Unit 20, Country Club Estates Preliminary (Approx. 10.1 acres) metes and bounds description on file in the Planning Office. 31-5.021 The following described tracts of land shall be zoned and classified as - "A-1" Apartment House District. (1) Lot 3, Block 3, Unit 19, Country Club Estates Preliminary (Approx. 18.2 acres) metes and bounds description on file in the Planning Office. (2) Lot 1, Block 14, Unit 30, Country Club Estates Preliminary (Approx. 42 acres) metes and bounds description on file in the Planning Office. 31-5.03 The following described tract of land shall be zoned and classified as - "A-2" Apartment House District: (1) Lot 2, Block 1, Unit 19, Country Club Estates Preliminary (Approx. 17.8 acres) metes and bounds description on file in the Planning Office. 31-5.04 The following described tracts of land shall be zoned and classified as - "AB" Professional Office District. (1) Lot 1, Block 4, Unit 19, Country Club Estates Preliminary (Approx. 4.5 acres) metes and bounds description on file in the Planning Office. (2) Lot 2, Block 3, Unit 19, Country Club Estates Preliminary (Approx. 3.9 acres) metes and bounds description on file in the Planning Office. • Minutes Special Council Meeting September 8, 1971 Page 6 • • 31-5.05 The following described tracts of land shall be zoned and classified as "B-4" General Business District. (1) Lot 1, Block 3, Unit 19, Country Club Estates'Preliminary (Approx. 4.2 acres) metes and bounds description on file in the Planning Office. (2) Lot 1, Block 2, Unit 19, Country Club Estates Preliminary (Approx. 17.7 acres) metes and bounds description on file in the Planning Office. (3) Lot 1, Block 13, Unit 20, Country Club Estates Preliminary (Approx. 16.7,acres) metes and bounds description on file in the Planning Office. (4) Lot 3, Block 1, Unit 21, Country Club Estates Preliminary (Approx. 3.8 acres) metes and bounds description on file in the Planning Office. 31-5.06 The following described tract of land shall be zoned and classified as "I-2" Light Industrial District. (1) Block 2, Unit 21, Country Club Estates Preliminary (Approx. 71.5 acres) metes and bounds description on file in the Planning Office. There being no further business to come before the Council, the meeting was adjourned at 5:55 p.m. •