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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.