HomeMy WebLinkAboutMinutes City Council - 11/03/1971MINUTES
CITY OF CORPUS CHRISTI, TEXAS
REGULAR COUNCIL MEETING
November 3, 1971
2:00 p.m.
PRESENT:
Mayor Ronnie Sizemore
Mayor Pro Tem Charles A. Bonniwel I
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 James R. Riggs
City Secretary T. Ray Kring
Mayor Ronnie Sizemore called the meeting to order in the Council Chamber of the
City Hall.
The Invocation was given by The Reverend John McIntosh of First Church of the
Nazarene.
City Secretary T. Ray Kring called the roll of those in attendance.
Mayor Sizemore announced the issuance of proclamations designating November, 1971,
as NATIONAL RETARDED CHILDREN'S MONTH; Sunday, November7, 1971, as JEAN
ANDOEWS WASSON DAY; and November 8 through 14, 1971, as YOUTH APPRECIATION WEEK.
The Del Mar College Student Council was recognized, and Certificates of Attendance
were presented to the following: John J. Morales, Wendy Judge, Hortencia Castaneda, Bob
Ericson, Susan Noyes, Eben Trevino, Elva Perez, and Raymond Hankinson.
Mr. Dick Castleberry, President of the Texas Recreation and Pork Association, a
state-wide organization dedicated to goals for improvements in the field of parks and recreation,
presented a "Certificate of Achievement Award" to Mr. Howard E. Butt, Sr., for his outstanding
citizenship, interest, and active support in this program in the City of Corpus Christi. Mr.
Castleberry stated that Mr. Butt was the recipient of one of only five such awards given by this
organization in the State of Texas. Mr. Butt was present to receive the recognition.
Mayor Sizemore cblled for the City Manager's Reports.
City Manager Townsend presented the following requests and recommendations for the
Council's consideration:
a. That November 24, 1971, at 3:30 p.m., be set for a public hearing on the following
zoning applications and text amendment:
Minutes
Regular Council Meeting
November 3, 1971
Page 2
(1)
Richard P. Church - from "R -1B" to "B-1", located on the west right-of-way
line at Airline Road and Lum Street.
•
(2) T. A. Harrell, Jr. - from "R -1B" to "B-4", located on the southeast corner of
Everhart Road and Cain Drive.
($)
Wm. A. Lenox - from "R -1B" to "A-1", located on the southeast corner of
Navy Drive and Anchor Street.
(4) Two Way Land Company - for a Special Use Permit for a Mobile Home Subdivision,
located between Padre Island Drive and the Naval Air Station. -
(5)
Tex§ Amendment to Article 27, Supplementary Height, Area, and Bulk Require-
ments, of the Zoning Ordinance requiring a screening fence between businesses
and residential areas.
b. That bids be received at 11:00 a.m., November 16, 1971, for the City's require-
ments for Uniform Rental Service for 72 weeks for 313 employees in various divisions;
c. That bids be received at 11:00 a.m., Tuesday, November 23, 1971, for High
Expansion Foam Unit for the Fire Division, at an estimated total of $4,000;
d. That a contract be awarded to Eastman Kodak Company, Houston, Texas, for a
Miracode Criminal Identificat ion System for the Police Division for their bid meeting
specifications in the amount of $45,061; (the bid of 3M Company did not meet, specifications)
e. That a contract be entered into with John H. Miller and John H. Miller, Jr., for
the sale of irrigation water at published rates on 92.4 acres of land out of the James McGloin
Survey located adjacent to Lake Corpus Christi, Live Oak County, Texas;
f. Recommendation that an informO!public hearing be,iield at the Regular Council
meeting on November 10, 1971, to determine the City's position relating to the application
of Rodd Village for a permit to discharge an overage flow not to exceed 18,000 gallons per
day into holding lagoons to be used for irrigation purposes near Rodd Village;
g. That Hurricane Celia Repairs to Corpus Christi Police Station be accepted as
complete, and final payment in the amount of $3,400.40 be paid to Creative Constructors;
that the replacement of the damaged ceiling tile in the Identification Section be deleted
from Change Oder No. 1, and be separately done by purchase order for $98.00 to Creative
Constructors, after roof repairs are made under a different contract;
h. That a 16400t utility easement in and around the Laguna Madre Mobile Hoe Park
in the Glen Oak Subdivision in Flour Bluff, be abandoned since the easement is no longer
necessary and can be abandoned, alternate easements having been dedicated;
Minutes
Regular Council Meeting
November 3, 1971
Page 3
i. That an agreement be authorized to reimburse Corpus Christi Savings and Loan
Association, developers of Sandy Oaks Subdivision, $40,532.62 for the City's portion of
the cost of a sanitary sewer to be extended along Caribbean Drive and Waldron Road, and
$2,837.00 for engineering services to Urban Engineering for the sewer line for a total appro-
priation of $43,369.90.
Motion by Lozano, seconded by Branch and passed, that the City Manager's Reports,
Items "a" through "i" be accepted, and that the request and recommendations be granted and
approved as presented.
ORDINANCE NO. 10544
REDECLARING, UNDER ART. 5890e, V.A.C.S, TEXAS, AND ARTICLE 1175, V.A.C.S.,
TEXAS AND FOR IMPLEMENTATION OF THE CITY -HUD CONTRACT OF AUGUST 12, 1970,
UNDER AUTHORITY OF PUBLIC LAW 79 AND PUBLIC LAW 875, U. S. artGRESS, AS
AMENDED, AND THE DISASTER RELIEF ACT OF 1969, AS AMENDED, THE STATE OF CIVIL
EMERGENCY CONTINUING IN THE CITY OF CORPUS CHRISTI AS A RESULT OF HURRICANE
CELIA AND AUTHORIZING THE ESTABLISHMENT BY THE CITY OF MOBILE HOME PARK
ACCOMMODATIONS FOR DISASTER HOUSING PURPOSES WITHIN THE CITY AS HERETO-
FORE AUTHORIZED BY THE CITY COUNCIL, TO CONTINUE THE SAME; PROVIDING
SEVERABILITY; PROVIDING NOTICE AND PUBLICATION; AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the foregoing ordinance was passed by the following
vote: Sizemore, Bonniwell, Bosquez, Branch, Gonzales, Lozano and Stark, present and
voting "Aye"
ORDINANCE NO. 10545
THIRD READING OF AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE
CITY OF CORPUS CHRISTI 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, PASSED AND APPROVED ON THE 29TH DAY OF MARCI-0, 1961,
BY AMENDING ARTICLE 3, DEFINITIONS, SUBSECTION 3-1, BY MOVING,RENOMBERING,
AND AMENDING THE PRESENT SUBSECTIONS 3-1.66, 3-1.66.1, AND 3-1.67 TO 3-1.48.1,
3-1.48.2, AND 3-1.48.3 AS HEREINAFTER PROVIDED; AMENDING ARTICLE 4, GENERAL
PROVISIONS, DISTRICTS AND DISTRICT MAPS, BY CHANGING THE NUMBER "11" IN THE
LAST SENTENCE OF SECTION 4-1 TO HEREAFTER READ "19" AND BY ADDING TO THE LIST
OF DISTRICTS "T-1" TRAVEL TRAILER PACKS, MOBILE HOME PARKS, AND MOBILE HOME
SUBDIVISIONS; ADDING A NEW ART,ICLE, TO BE DESIGNATED AS ARTICLE 7A : "T-1"
TRAVEL TRAILER PARK, MOBILE HOME PARKAND MOBILE HOME SUBDIVISION REG�UI TIONS;
AMENDING ARTICLE 16. "B-4" GENERAL BUSINESS DISTRICT REGULATIONS, SUBSECTION
16-2, USE REGULATIONS, BY ADDING TWO NEW ITEMS TO BE NUMBERED (17) AND (18);
AMENDING ARTICLE 20. "1-2" LIGHT INDUSTRIAL DISTRICT REGULATIONS, SUBSECTION
20-2 USE REGULATIONS, ITEM (3) BY PLACING THE WORDS "SPORTS ARENp.OR STADIUM"
IN THE UNCLASSIFIED USES SECTION; AMENDING ARTICLE 21. "I.3" HEAVY INDUSTRIAL
DISTRICT REGULATIONS, SUBSECTION 21-2 USE _REGULATIONS, ITEM (4) BY PLACING THE
WORDS "AIRPORTS AND LANDING FIELDS" IN THE UNCLASSIFIED USES SECTION; AMENDING
•
Minutes
Regular Council Meeting
November 3, 1971
Page 4
ARTICLE 25. SUPPLEMENTARY USE REGULATIONS - SPECIAL USES, BY CHANGING THE
TITLE OF THIS ARTICLE TO SPECIAL PERMIT REGULATIONS, AND BY DELETING THE PRE-
SENT SECTIONS 25-1, 25-2, 25-3, AND ITEMS (1) THROUGH (11), SECTION 25-4;
REDESIGNATING ITEM (12) SECTION 25-4, AS SECTION 25-1 AND AMENDING THE 27TH
LINE BY DELETING THE WORDS "ANY ONE OF" AND DELETING THE FINAL "S" IN THE
WORD "RECOMMENDATIONS"; DELETING THE PRESENT ITEMS (A) AND (B); RENUMBERING
ITEM (c) AS ITEM (A), AMENDING THE FIRST LIN: BY DELETING THE WORD "RECOMMEND"
AND BEGINNING THE SENTENCE WITH THE WORD "THAT"; AND AMENDING THE SEVENTH
LINE OF THE SECOND PARAGRAPH BY CHANGING THE LETTER (C) TO (A); DELETING
SECTION 25-5 AND ADDING SAID SECTION TO ARTICLE 27. SUPPLEMENTARY HEIGHT,
AREA AND BULK REQUIREMENTS SUBSECTION 27-3.02 ACCESSORY BUILDINGS AND
STRUCTURES, TO BE DESIGNATED AS A NEW SUBSECTION 27-3.02.06; RENUMBERING
SECTION 25-6, ADDITIONAL RECOMMENDATIONS BY THE COMMISSION TO HEREAFTER
BE DESIGNATED AS SECTION 25-2; AMENDING ARTICLE 30, CHANGES AND AMENDMENTS,
SECTION 30-5, RELATING TO PROTESTS AGAINST AMENDMENT, SUPPLEMENT OR CHANGE
IN ZONING; AMENDING ARTICLE 3 , -PERMITS, PLATS AND FILING FEES, SECTION 33-3,
FILING FEES, SUBSECTION 33-3.01 SO AS TO HEREAFTER PROVIDE FOR PAYMENT, IN
ADVANCE, OF $60 FOR EXPENSES INVOLVED IN APPEAL OF CASES TO BOARD OF ADJUST-
MENT; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR PUBLICATION.
The foregoing ordinance was read for the third time and passed finally by the following
vote: Sizemore, Bonniwell, Bofquez, Branch, Gonzales, Lozano and Stark, present and
voting "AO".
ORDINANCE NO. 10546
CLOSING ACQUARIUS STREET, BETWEEN JACKFISH AVENUE AND CABANA NORTH
AVENUE, BEING SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY,
TEXAS; RESERVING THE NECESSARY EASEMENTS FOR EXISTING UTILITIES; AND
DECLARING AN EMERGENCY.
Thls Charter Rule was suspended and the foregoing ordinance was passed by the following
vote: Sizemore, Bonniwell, Bosquez, Branch, Gonzales, Lozano and Stark, present and voting
"Aye".
ORDINANCE NO. 10547
AUTHORIZING THE CITY MANAGER TO EXECUTE A FIVE-YEAR IRRIGATION CONTRACT
WITH JOHN H. MILLER, AND JOHN H. MILLER, JR., FOR THE SALE OF IRRIGATION
WATER TO BE USED ON THE LANDS FORMERLY OWNED BY AUBREY GERALD PETERSON
AND BY RUTH PETERSON, WHICH ARE ADJACENT TO LAKE CORPUS CHRISTI, NEAR
GEORGE WEST, ALL AS IS MORE FULLY SET FORTH IN THE CONTRACT, A COPY OF
WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT"A"; AND
DECLARING AN EMERGENCY.
The Charter Rule was suspended and the foregoing ordinance was passed by the following
vote: Sizemore, Bonniwell, Bosquez, Branch, Gonzales, Lozancrand Stark, present and voting
"Aye".
••• •
Minutes
Regular Council Meeting
November 3, 1971
Page 5
ORDINANCE NO. 10548
AUTHORIZING APPLICATION FOR FINANC"AL ASSISTANCE FROM THE BUREAU OF
OUTDOOR RECREATION THROUGH THE STATE PARKS AND WILDLIFE DEPARTMENT FOR
RENOVATION OF THE OLD OSO BRIDGE AND FOR CONSTRUCTION OF BOAT LAUNCH-
ING RAMP AT THE BRIDGE, FOR PUBLIC OUTDOOR RECREATIONAL PURPOSES; CERTIFYING
THE ELIGIBILITY OF THE CITY OF CORPUS CHRISTI TO RECEIVE FINANCIAL ASSISTANCE,
DESIGNATING THE CITY MANAGER AS THE RESPONSIBLE OFFICER FOR THE CITY OF
CORPUS CHRISTI FOR THE PROJECT, AND DESIGNATING THE FINANCE DIRECTOR AS
FISCAL OFFICER FOR THE CITY FOR THE PROJECT; AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the foregoing ordinance was passed by the
following vote: Sizemore, Bonniwell, 'Bosquez, Branch, Gonzales, Lozano and Stark,
present and voting "Aye"
ORDINANCE NO. 10549
CLOSING AND ABANDONING THE 10 -FOOT UTILITY EASEMENT LOCATED IN LOr 13
OF THE GLEN OAK SUBDIVISION OUT OF SECTION 53, .FLOUR BLUFF AND ENCINAL
FARM AND GARDEN TRACTS, AS SHOWN IN THE MAP RECORDS OF NUECES COUNTY,
TEXAS; AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the foregoing ordinance was passed by the
following vote: Sizemore, Bonniwell, Bosquez, Branch, Gonzales, Lozano and Stark,
present and voting "Aye".
Mr. Eddie Savoy, 845 McDonald, inquired if the foregoing Ordinance No. 10545,
amending the Text of the Zoning Ordinance which establishes a new zoning District "7-1"
Travel Trailer Park, Mobile Home Park, and Mobile Home Subdivision Regulations, would be
retroactive to include pending applications, stating that if it is to be retroactive It would have
a direct bearing on his application which has been heard by the Planning Commisssion and
scheduled for hearing before the Council November 24,
City Manager Townsend stated that it was his opinion that the Planning Commission's
action taken on any applications made prior to the passage of this ordinance, should be upheld
in accordance with the established policy. City Attorney Riggs concurred in this opinion,
stating that the ordinance becomes effective the doy after it is published, and will affect all
applications which have not been heard by the Commission prior to that date.
Relative to the qbestion of whether subdivision plats for new projects in the vicinity of
West Oso High School adjacent to Village on the Green, which has been the subject of previous
discussions, and which plats have been withheld because off-site drainage is not adequate, City
• •
Minutes
Regular Council Meeting
November 3, 1971
Page 6
Manager Townsend requested specific authority to free the plats without adequate off-site
drainage with the understanding that the drainage project would be included in the next
bond election. He made the following recommendation, identified as Item "j" of City
Manager's Reports:
That new plats in the area between Padre Island Drive, Navigation Boulevard
and Cliff Mous Drive, be approved without adequate off-site drainage until the next Capital
Improvement Bond election, upon installation of temporary facilities by the subdivider and a
showing of cooperation and assistance in providing right-of-way for permanent drainage, and
that such bond election;irialude trunk drainage for such areas.
Motion by Lozano, seconded by Stark that the foregoing recommendation be approved
as presented.
Motion by Bonniwell, seconded by Branch and passed, that the matter of interim plots
for new projects, be tabled for one week further consideration.
Mr. David Saenz, 1437 10th Street, Vice President of T.G. Allen Elementary Parent
Teachers Association, appeared relative to the foregoing matter, and protested additional
development in the stated area commenting that it appeared some of the conclusions reached
from the Council's recent retreat was "to Further the segregation trend already established
by certain government funded housing developments. Mr. Saenz filed with the Council a
resolution signed by the President of the School PTA, requesting street improvements, sidewalks„
additional lighting of strebts, and improved drainage in the area of T.G. Allen School.
Mr. Sam Crecelius, 4009 Dublin, inquired if his application now pending before the
City Council for a Community Unit Plan on property near Bear Lane would be affected by the
City Manager's recommendation for interim plats for new subdivision projects. City Manager
Townsend stated this would in effect release Mr. Crecelius' plat now pending.
Mr. Al Dyer, 4122 Christi, and Mr. Rodney E. Carter, 905 Collingswood, Del Mar
College Students, made a third appearance before the Council and cited ordinances on record
which they alleged were not being enforced and should be repealed. They specifically made
reference to chapters in the City Code defining "peddlers," "Isolicitors", and "Itinerant Vendors",
stating under these definitions, garage sales, etc., which are advertised daily in the local
• •
Minutes
Regular Council Meeting
November 3, 1971
Page 7
newspapers, could be included. Also stated chapters under these definitions could be interpreted
so as to compel a person to obtain a permit to occupy his own house. They requested that the
City release prisoners from the City Jail who are being held because they are financially unable
to pay a fine, stating the U.S. Supreme Court hod ruled that it is unlawful to hold a person in
jail for that reason. Mr. Carter and Mr. Dyer stated they are bringing these matters directly
to the Council so that the news media could get the matters before the public. (Council Exhibit
815-71)
City Manager Townsend advised the students to present their requests to the Legal
Department, stating the formal Council meeting was not the proper forum to discuss section
by section of the City Ordinances.
City Attorney Riggs stated that there are no inhabitants of the City Jail who are being
held for reasons of not having means to pay their fines; that he did not share their concern as
to the unconstitutionality of certain ordinances. He pointed out that the Legal Department is
aware that the chapter in the Code relative to Itinerant Vendors should be amended, stating
out that it was revised following Hurricane Celia because of the emergency; that the Code
Supplement is in the process of being made current, but commented that the City has neither
the funds nor the Stoff to keep the codification of ordinances constantly current.
Mr. Sidney Jones, 3029 Bimini; appeared as representative of the Taxpayers Association,
and inquired if a report is available on requests made last week by Mr. Cuban Burbank, for
facts to support a decision of the Council to resubmit a bond election for a convention center,
and a report on expenditures for improvements currently in progress at Cole Park.
Mayor Pro Tem Bonniwell pointed out that the reports were promised two weeks from last
Wednesday, but added that the Council has made no decision as to calling a bond election for
a convention center. Relative to an allegation made the past week, that the Council had
refused to accept a petition left by a member of this organization, Mayor Pro Tem Bonniwell
stated the petition referred to had been left unsigned, but assured Mr. Jones that any authenticated
petition would be received by this Council.
•
Minutes
Regular Council Meeting
November 3, 1971
Page 8(
Following a brief reces , Mayor Sizemore called the meeting to order at 4:00 p.m.,
for the purpose cf :ding scheduled pub:L. hearings cr: five zor.rg app:ications. He
explained the procedure to be followed, and asked that it be noted that a quorum of the
Council was present:. 9q I~tv
Mayor Sizemore presented Application #971-10, Arthur H. Vinson, for change of 1.
zoning from "R -1B" One -family Dwelling District to "1-2" Light lndustri,al District, on an
approximate 3 -acre area out of the northeast corner of Lot 3, Section 7, Bohemian Colony
Lands. He explained that the request was heard by the Planning Commission on September 28,
1971, and forwarded to the Council with the recommendation that it be approved as requested
because of its fproximity to the flight pattern of the "touch-and-go" landing practice of
Cabaniss Field.
No one appeared in opposition to the recommendation of the Planning Commission.
Motion by Gonzales, seconded by Branch dnd passed, "that the hearing be closed.
Motion by Bonniwell, seconded by Bosquez and passed, that the recommendation of
qa1
the Planning Commission be concurred in and that Application #9711-10, Arthur H. Vinson, Al ''"
for change of zoning from "R -1B" One -family Dwelling District to "1-2" Light industrial
District, on an approximate 3 -acre area out of the northeast comer of Lot 3, Section 7,
Bohemian Colony Lands, be approved as requested, and that an ordinanre be brought forward
effectuating the change.
Mayor Sizemore presented the appeal of C. W. Phillips from the decision of the
Planning Commission, Special Use Permit #71-12=for a Mobile Home Park on an 10.88 -acre
tract out of Lots 45 & 46, Nueces Gardens #2, located along the southeast right-of-way line
of the 3900 Block of Leonard Drive. He explained that the Planning Commission heard the
request during the Commission meeting of September 28, 1971, and had recommended that it
be denied on the basis that Leonard Drive is a very narrow street to accommodate the additional
traffic and the high density of mobile homes already located within this area. He stated the
20% rule is in effect.
•
Minutes
Regular Council Meeting
November 3, 1971
Page 9
Mr. Phillip Castaneda of Smith & Russo Engineers, spoke on behalf of the applicant,
stating he had appeared at the Commission hearing and presented a plot plan of the proposed
mobile home park, indicating that the park will contain 94m4bile home spaces, a recreational
area, 30 -foot paved drives with curb and gutter, and that it will front on Leonard Street with
no access to Starlight Lane. He stated provision for parking is in accordance with the require-
ments of the ordinance with 30 additional spaces available for guests. Mr. Castanedo pointed
out that there is a great demand for this type of housing, and that the property is under contract
to purchase subject to the granting of this request. He stated that if the request is granted, it
would subject to a replat which would have to be submitted to the Planning Department for
approval at which time request for additional right of way to make Leonard 1/dive the width
stipulated in the Master Traffic Plan, can be made.
Mr. Fred Auforth, attorney representing the CalaIlen School District, spoke in
opposition on behalf of the 289 signers of a petition presented at the Planning Commission
hearing. He pointed out that no facts had been presented by the proponents today that was
not presented to the Planning Commission when it denied the request. Mr. Auforth stated that
the residents in the Ca!alien School District are opposed to the request generally on the basis
that the additional population density would overcrowd the already overcrowded school
facilities, pointing out that a recent bitterly contested bond issue for a new high school was
defeated; that there are already five other mobile home parks in the area, and from the stand-
point of tax revenue, the least revenue is produced by the highest concentration. He further
stated that the width of Leonard Drive is not the width stated when reduced by curb and gutter.
Motion by Stark, seconded by Bosquez and passed, that the hearing be closed.
Commissioner Branch raised the question that according to the testimony he has heard,
any development in this area at all would overcrowd the school and should not be allowed.
Mayor Sizemore commented that this has always been more or less a standard complaint
at zoning hearings.
Mayor Pro Tem Bonniwell disqualified himself from voting because of his former
association with Mr. Auforth.
•
Minutes
Regular Council Meeting
November 3, 1971
Page 10
Motion by Stark, seconded by Gonzales and passed, Bonniwell and Lozano abstaining,
Branch voting "Nay"p Mayor Sizemore and Bosquez voting For the motion, that the recommenda-
tion of the Planning Commission to deny the request of C. W. Phillips, Special'Use.Permit
#71-12, for a Mobile home park on an 10.88 -acre tract out of Lots 45 & 46, Nueces Gardens
#2, be upheld, and that the appeal be denied.
Mayor Sizemore presented Application #971-3, Corpus Christi Datsun, for change of
zoning from "B-4" General Business District to "1-2" Light Industrial District on all of Lots 1,
2, 3, &4, Block G, and 6+0' of Lots 1 & 4, Block H, Lexington Place Addition, He explained
that the request was heard by the Planning Commission September 14, 1971, and forwarded to
the Council with the recommendation that it be denied, but in lieu thereof a Special Permit
be granted for a retail building materials store with outside open storage, on the basis that it
would be a logical use for this area.
Mr. Hutch Bryan, realtor, 4137 South Alameda, spoke on behalf of the applicant,
and stated that they would prefer the "1-2" zoning as requested since the operation would
require outside storage, but the Special Permit as recommended by the Planning Commission
would be acceptable.
Mr. Allen B. Lebowitz, 1017 Dolphin, and Mr. Michael Sands, 505 Meadowbrook,
spoke in opposition, stating they were opposed to the "1-2'' zoning because of their concern
as to other owners and possible uses under this classification, but were not opposed to the
Special Permit being granted.
Motion by Bonniwell, seconded by Lozano and passed, that the hearing be closed.
Motion by Bonniwell, seconded by Lozano and passed, that the recommendation of the
Planning Commission be concurred in and that Application #971-3, Corpus Christi Datsun, for
change of zoning from "B-4" General Business District to "1-2" Light Industrial District on all
of Lots 1, 2, 3, & 4, Block G, and 60 feet of Lots 1 and 4, Block H, Lexington Place Addition,
be denied, but in lieu thereof a Special Permit be granted for a retail building materials store
with outside open storage, and that an ordinance be brought forward effectuating the Special
Permit.
11 •
Minutes
Regular Council Meeting
November 3, 1971
Page 11
Mayor Sizemore presented Application #971-2, Pharaoh Enterprises, Ltd., for change
of zoning on TRACT A, from "R -1A" One -family Dwelling District with a Special Permit for
townhouses to "R-2" Two-family Dwelling District, on a 2.061 -acre tract out of Lots 5 & 6,
Section 29; and TRACT B, "from "R -1A" and "R -1B" One -family Dwelling District to "R-2"
Two-family Dwelling District on an 8.507-acre'brea out of Lots 5 & 6, Section 29, Flour Bluff
and Encina) Farm & Garden Tracts - both tracts located on the north side_of the 7200 Block of
McArdle Road. He explained that the request was heard by the Planning Commission
September 14, 1971, and forwarded to the Council with the recommendation that the request
be denied on Tracts A & B, but in lieu thereof a special permit be granted on TRACT A for a
22 -unit townhouse project subject to an asphalt driveway 27 feet in width along the east
boundary line, plus an additional 4 feet to allow for a planting strip and fence; and that a
special permit be granted on TRACT B in accordance with the approved plat plan.
Mr. Frank Peerman, 360 Bermuda, spoke on behalf of the applicant and related the
history of the zoning on Tract A as was presented to the Planning Commission, stating that a
special permit was granted for the existing Carriage Park Townhouse Condomijiium and town-
houses for Tract A because at that time there was no provision in the Zoning Ordinance for
townhouse developments. He stated that development had progressed with some problems,
and that they were not aware they were tied to the original site plan until construction had
already begun, and the only way they will be able to continue the construction is to obtain
"R-2" zoning or a special permit on this tract. He explained that Tract B was then included
to tie in with Tract A. Mr. Peerman stated they have no objection to the recommendation of
the Planning Commission as to Tract A, but because of the large investment and uncertainty
as to changes in design as development progresses, they would prefer to have "R-2" zoning
on this tract and would restrict the property for townhouse development, which in his opinion
is the logical development, since there is no better buffer than "R-2" between apartment
districts and townhouses, and is a logical location because of its close proximity to major
thoroughfares. Mr. Peerman stated that most of the residents from across McArdle did not
opposed the "R-2" zoning; that he was four months behind schedule now and did not want to
take the chance of having to repeat all procedures; that the Special Permit on Tract A is
• •
Minutes
Regular Council Meeting
November 3, 1971
Page 12
acceptable; that they would prefer "R-2" on Tract B, but in oder to resolve the matter, they
would accept a Special Permit on both tracts.
City Manager Townsend stated he shared Mr. Peerman's concern with regard to special
permits as applied to large projects, and that a change of zoning should have serious consideration
in this case, He stated the Planning Commission has approved the site plan for both tracts.
Nolone appeared in opposition to the recommendation of the Planning Commission.
'Motion by Bonniwell, seconded by Bosquez and passed, that the hearing be closed.
Motion by Gonzales, that the recommendation of the Planning Commission be concurred
in and that a Special Permit be granted on Tract A with the conditions recommended, and a
Special Permit be granted on Tract B in accordance with the approved plot plan. The motion
died fat lack of a second.
Motion by Branch, seconded by Lozano that the recommendation of the Staff be
concurred in and that the request on Tract A be denied, but in lieu thereof a Special Permit
be granted according to the site plan submitted; and that Tract Bbe approved as requested.
The motion died for lack of sufficient affirmative votes.
Mr. Wenger stated the Staff's recommendation was on the basis that Tract A was
logical for a special permit since the present Carriage Park Townhouse development to the
west is operating under the same type of permit and this would be a continuation of that
project; and that "R-2" zoning on Tract B would create a good transition between the Special
Permit and the existing "A-1" zoning to the east.
Motion by Bonniwell, seconded by Branch and passed, that the recommendation of
the Planning Commission;be concurred in and that the request for change of zoning on Tract A
to "R-2" Two-family Dwelling District,
from "R -1A" One -family Dwelling District/on a 2.061 -acre tract out of Loin 5 & 6, Section 29,
Flour Bluff and Encina! Farm and Garden Tracts, be denied, but in lieu thereof a special
permit be granted for a 22 -unit townhouse project subject to an asphalt drive 27 feet in width
along the east boundary line, plus an additional 4 feet to allow for a planting strip and fence,
be approved and that an ordinance be brought forward effectuating the change; and that action
on Tract B be tabled for further consideration at workshop next week.
•
Minutes
Regular Council Meeting
November 3, 1971
Page 13
City Manager Townsend presented Application #971-11, Cadwallader Development
Corporation, for chggnge of zoning from "R -1B" One -family Dwelling District to "B-1"
Neighborhood Business District on TRACT A, being a 150' x 150' tract of land out of Block 1,
Stonegate Natth Subdivision, Unit #1; change of zoning from "R -1B" One -family Dwelling
District to "R-2" Two-family Dwelling District on TRACT B, being a 6.5 -acre tract out of
Block 1, Stonegate North Subdivision Unit #1; and from "R -1B" One -family Dwelling District
to "R-2" Two-family Dwelling District on TRACT C, being an 11.3-pere tract of land out of
Lot 4, Oso Farm Tracts. Mr. Townsend explained that the request was heard by the Planning
Commission September 28, 1971, and forwarded to the Council with the recommendation that
"B-1" on Tract A be denied, but in lieu thereof "R-2" Two-family Dwelling District be granted,
and that the request for "R-2" Two-family Dwelling District be granted on Tracts B & C with a
recommendation that the overall density be limited to 8.2 units per acre by deed restrictions.
He stated the 20% rule is in effect.
Mr. Jim Ryan, attorney representing the applicants, appeared and stated the recom-
mendations of the Planning Commission on all three tracts are satisfactory and acceptable, and
stated that they had filed with the City Attorney a set of deed restrictions and had been advised
that they were satisfactory in all respects.
It was pointed out that a public hearing had been held by the Council on this application
August 25, 1971, and was referred back to the Planning Commission bedause of a technicality
connected with the notices to property owners before the Commission, Hearing, and that minutes
of this hearing and the minutes of the Commission hearings have been made available to the
Council.
Mr. Jack Kelso, attorney representing the residents of Carroll Woods and Stonegate
Subdivisions, spoke in opposition to the recommendation of the Planning Commission generally
on the basis that townhouses are out of character with the existing one -family residences in this
neighborhood. He reviewed the history and sequences of zoning applications, stating that when
this corporation started development in 1965, it was referred to as the Mortgage Investment Com-
pany of San Antonio; in 1968 it was the Jamestown Investment Corporation who attempted to
rezone the south one-half of Tract B for apartments; and again by Cadwallader Development
• •
Minutes
Regular Council Meeting
November 3, 1971
Page 14
Corporation from San Antonio, Mr. Kelso stated) that although the applicants say they will
deed restrict the Properties to 8.2 units per acre, single-family zoning is only 4.2 enits per
acre, and the proposed development will double the population density and the developers'
profits; pointed ou that the homes in Stonegate are from $25,000 to $50,,000 homes; that
construction of two-sto r duplexes overlooking the back yards of these homes will destroy the
privacy and devaluate the properties; and had they known there were going to be apartments,
they would not have invested in this neighborhood. He stated many of these homes were sold
to the owners by the came people now attempting to rezone the adjacent tracts; that the pro-
perties were bought on the assumption that this tract was zoned for single-family residences,
and their purchases were accompanied with a long list of deed restrictions. He stated they now
in favor
feel an injustice has been done; pointed out that those who appeared at the hearing)4otalied
eight,and that all of these were persons who were either developers or had a direct financ=ial
interest in the proposed development; that 37 persons appeared in opposition plus a petition.
containing 293 names of persons in opposition, which represented an overwhelming voice of
opposition to the zoning request. He also pointed out that the vote of the Commission was ot
unanimous, and the negative vote was for that reason.
As to the proponentsstatement that the townhouse district would provide a logical
buffer between the residential subdivisions and Padre Island, Mr. Kelso commented that the
entire area had already been "buffered to death.", and as to the statement that this is the
best use for the land, he pointed cut that these lots are now selling at a very high price, and
that the developer could make a substantial profit by developing them as sikle-family dwellings.
Mr. C. S. Timlin, 4646 Bonner, spoke in opposition, stating that when he purchased
his property,, he was told how much he should spend to built it, that he was advised that the
subject property was zoned for single-family residences, and he now feels this Corporation has
gone bock on their word. In answer to questions from the Council, he stated he had not actually
seen the preliminary plat of the land before he purchased his property, and also stated that he
would object to a cheaper project being developed in this area.
•
Minutes
Regular Council Meeting
November 3, 1971
Page 15
Mr. Ralph Manuel, Prcbident of and representing SPIKE, spoke in opposition stating
SPIKE is an organ'za`';cn con,istiwg of over 1,000 members whose major function was to pre-
serve the single-family character of this area, and were all generally opposed to the subject
zoning request on that basis. He stated he agreed that there is a need for apartment and
townhouse dwellings, E. have no place within single-family dwelling districts. He stated he
had not concerned himself with checking the plats when he purchased his property, but had
taken the developers' word. He commented that most people do not check the pldts and
deed restrictions personally when purchasing property. Mr. Manuel stated he had no knowledge
that members of SPIKE were spreading the word that they had at least two Council members
committed in their favor. Mr. Manuel filed with the Council a resolution in support of
SPIKE's opposition.
Mayor Sizemore and City Manager Townsend departed the meeting at this time, and
Mayor Pro Tem Bonniwell assumed the Chair.
Dr. Joseph Rupp, County Medical Examiner, 4509 Coventry Lane, spoke in opposition,
stating that a strong presentation of opposition had been presented at the Planning Commission
hearing; that persons in opposition had turned out in great numbers, and commented that it
was obvious that the Commission had a predetermined intent not to ilsten to these people;
that they had only listened to the argument that the land would be adequately buffered between
the single-family and business uses. He emphasized that these subdivisions have expensive
homes, with deadend streets and minimum traffic; that the proponents claim the land is too
expensive for single-family- development but have overlooked the fact that the established
single-family character is what has made the land valuable. He stated he felt it was the duty
of this Council to listen to the multitudes who are most affected and not to out of town firms
who are only interested in making a profit. Dr. Rupp stated he had purchased his property
a few days after Hurricane Celia and at that time he "was looking for a house and not a plat."
Dr. Rupp emphasized that the 50 -acre tract between the business zoned property along South
Padre Island Drive is a sufficient buffer for Stonegate Subdivision.
Mr. Steve Ferris, 4645 Bonner, spoke in opposition stating he had bought his home on
the assumption that all the area was and would remain single-family residential. He questioned
•
Minutes
Regular Council Meeting
November 3, 1971
Page 16
the accuracy of plot plans and plahs submittedto the Staff and Planning Commission, stating
they do not give a t.a picture of all the factors. He stated he felt the developers had been
unfair and had reversed themselves since the original plat was filed in 1968, and that the
original plat was what the homeowners had put their trust in when they invested in their homes.
Mr. Ferris pointed out that "R-2" zoning is not so restrictive that if approved, 3 or 4 multiple
dwelling units can be built based on front footage.
Mr. Frank Erickson, 4649 Bonner Drive, spoke in opposition, stating that he made his
investment after being assured that this area would remain "R -1B" residential; stated he was not
that
aware / deed restrictions were kept at the Court House, but that he did learn that M.I.C. had
plans which he did not learn about until after he purchased the property. He stated that the
residents of Carroll Woods and Stonegate Subdivisions had purposely not associated themselves
with SPIKE because of the apparent antagonism of the Planning Commission toward this organi-
zation, but had received the same treatment.
Mr. Chester Lewis, 4638 Sheffield, spoke in opposition, stating that when he purchased
his home he had inquired as to the zoning of Tract B, and was told by a person who had seen
the plat that it was all to remain zoned "R -1B", that numerous applications for rezoning had
been denied, and that based on this, he was satisfied. He stated he did not realize how easy
it is to have property rezoned. He stated he is not opposed to "235" homes or any other govern-
ment funded houses, but is opposed to changing the character of this residential neighborhood.
Mr. Jack T. Shanks, 4626 Sheffield, spoke in opposition, stating he was not opposed
to townhouses, row houses, or any other type of housing accommodations, because all types of
housing is needed to accommodate the range from high to low income residents which inhabit
the City, but stated that if he had been properly advised as to the zoning, he could have had
the option to buy or not.
Mr. Michael P. Riley, attorney, 4610 Sheffield, spoke in opposition, and stated that
he did not rely on the realtor's information as to whether or not a plat had been filed, but
went in person and viewed the plat which showed individual single-family residences for this
area.
• •
Minutes
Regular Council Meeting
November 3, 1971
Page 17
Mr. Carl Clayton, 4701 Bonner, spoke in opposition, stating that he had unassumingly
accepted the realtors information relative to the zoning of the surrounding territory and had
not checked into the zoning classifications personally. He stated+he was in favor of maintaining
the residential character of the neighborhood.
The following persons were present and signed a petition circulated through the audience
indicating their opposition to the recommendation of the Planning Commission relative to the
subject application: Steve Ferris, 4645 Bonner; Joseph Rupp, 4509 Coventry Lane; Mr. and
Mrs. Charles S. Timlin, 4646 Bonner; Mrs. Chas. E. Marshall, 4606 Sheffield Lane; Mrs. James R.
Strpin, 4642 Sheffield Lane; Mr. and Mrs. Chester V. Lewis, 4638 Sheffield; Tom McDowell,
5618 Dominica; Mr. and Mrs. Frank A. Erickson, 4649 Bonnpr; Mr. and Mrs. Carl Clayton,
4701 Bonner Drive; Mrs. A. B. Parish, 4657 Bonner; David M. Harrison, 4629 Sheffield; Richard
D. Stock, 4632 Sheffield; Leroy G. Coffman, 4501 Coventry Lane; Jack Shanks, 4626 Sheffield;
Mr. and Mrs. Lee Carter, 4614 Oxford; and Burt W. Derrick, 3922 Kingston.
Mr. Jim Ryan, attorney representing the applicants, stated there had been many mis-
representations up to this point in this hearing, but that he did not feel they were intentional,
but because of lack of correct information. He pointed out the location of the subject property
on the map and stated that many of the persons who had voiced opposition were not residents
of Stonegate Subdivision; pointed out that Codwalloder Development Corporation had no
control over what the residents in this area were told when they purchased their property, and
that the realtors who sold the property were not representatives of Cadwallader Corporation;
stated that the sign which was posted on the land when it was being developed identified the
subdivision as Stonegate North 07 and said nothing about its zoning classifications. He stated
that a number of those persons speaking in opposition stated they purchased their property
within the last two years, which was after Cadwallader Corporation hod made application for
apartment zoning in 1968, and that this should have been an indication to the potential home-
owners that apartment zoning was a possibility; stated that in 1968, the Planning Commission
recommended "R-2" zoning but that the application was withdrawn before it was heard by the
Council. He stated that a plat was filed for record in November of 1966 showing that Tracts
A & B were designed for multi -family dwellings.
• •
Minutes
Regular Council Meeting
November 3, 1971
Page 18
Mayor Pro Tem Bonniwell stated that a plat is before the Council at the present time
which shows single-family residences on Tract C, and apparently this plat was given to many
of the persons who bought their property, in which case, the Council is faced with a moral
issue.
Mr. Ryan stated that the plat referred to by Mayor Pro Tem Bonniwell was never filed
for record, and pointed out that it had not been referred to by anyone as being the plat given
to them by Cadwallader Development Corporation. Mr. Ryan introduced Mr. Mike Mahoney,
Planning Consultant in Fort\Worth, who described the proposed development as "good compre-
hensive zoning" and in keeping with the character of the area already established, since most
townhouses are individually owned and occupied by settled solid citizens.
Larry Wenger, Senior Planner, stated that the Staff had recommended that the request
on Tract A be denied for business use, however, it was recommended that it be used in con-
junction with Tract B as "R-2" Two-family Dwelling District; that the Staff recommended that
Tract C be denied since the "R-2" zoning would be an encroachment into an area that was
planned as a single-family detached area which would better fit into the overall land use
pattern of this developing subdivision than would the townhouse proposal. He stated the
Staff had changed their original recommendation because at the time of the Commission
Hearing it was thought that possibly townhouse development would be taken out of the "R-2"
District where it now appears in the ordinance and placed under Planned Unit Development
classification where it could be better controlled in relation to the neighborhood, but that
this planning concept had not materialized and the Staff changed its recommendation.
Mr. Michael Kendrick, attorney, questioned the two plats and inquired as to why
the Planning Commission approved both plots, and why was the zoning good in one instance
and bad in another.
Assistant City Manager Walker explained that a portion of the area was undeveloped
when the plat was approved. Mr. Wenger explained the process whereby plats are approved,
which answered Mr. Kendrick's question.
Motion by Lozano, seconded by Branch and passed, that the hearing be closed.
•
Minutes
Regular Council Meeting
November 3, 1971
Page 19
Motion by Stark, seconded by Branch, that the recommendation of the Planning
Commission not be upheld, but that the Staff's recommendation be approved denying the
request on Tract A, and that it be used in cor(juiiction with Tract B as "R-2" Two-family
Dwelling District, and that the request for "R-2" zoning on Tract C be denied.
Mr. Ryan stated that this would not be acceptable because the 8.2 density would
be tied to the "R-2", and they would have to withdraw the deed restrictions which had been
offered.
The foregoing motion by Stark, seconded by Branch, was withdrawn.
Motion by Gonzales, seconded by Lozano and passed, Bosquez abstaining, that the
recommendation of the Planning Commission be concurred in and that Application #971-11,
Cadwallader Development Corporation for "B-1" Neighborhood Business District on Tract A,
being a 150' x 150' tract of land out of Block 1, Stonegate North Subdivision, Unit #1, be
denied, but in lieu thereof "R-2" Two-family Dwelling District be granted; that "R-2" Two-
family Dwelling District be granted on Tract B, being a 6.5 -acre tract of land out of Block 1,
Stonegate North Subdivision, Unit #1; that "R-2" Two-family Dwelling District on Tract C,
being an 11.3 -acre tract of land out of Lot 4, Oso Farm Tracts, be approved with an overall
density of 8.2 units per acre by deed restrictions, and that an ordinance be brought forward
effectuating the change.
There being no further business to come before the Council, the meeting was duly
adjourned at 8:10 p.m., Wednesday, November 3, 1971.