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HomeMy WebLinkAboutMinutes City Council - 01/11/1972MINUTES OF THE JOINT MEETING OF THE CITY COUNCIL AND PLANNING COMMISSION COUNCIL CHAMBER - CITY HALL JANUARY 11, 1972 - 7:30 P.M. CITY COUNCIL MEMBERS PRESENT: Charles A. Bonniwell, Mayor Pro Tem Roberto Bosquez, M. D. Rev. Harold T. Branch Thomas V. Gonzales Gabe Lozano, Sr.. J. Howard Stark PUBLIC HEARING • COMMISSION MEMBERS PRESENT: Capt. J. T. Acuff, Vice Chairman Tony Bonilla Charles N. Cartwright Ralph Durden R. S. Garza Ricardo Gonzalez Roy Lay, Jr. Joe Cantu CITY STAFF: R. Marvin Townsend, City Manager T. Ray Kring, City Secretary Bill Read, Assistant to the Mayor Wm. Anderson, Director of Planning Larry H. Wenger, Senior City Planner Jim Riggs, City Attorney Bob Coffin, Assistant City Attorney Jack McDaniel, Director of Public Works Bill Hennings, Building Official * * * * * * * * , , * * * * * * * * * Amend Article 27, Supplementary Height, Area, and Bulk Requirements, of the Zoning Ordinance, Section 27-3. 06, Lot Area, by adding a new Subsection 27-3.06.02 to read as follows: 27-3. 06.02 In any subdivision that has been acted on by the Planning Commission prior to January 5, 1972 which includes lots of less than 6, 000 square feet but no less than 5, 000 square feet in area, a single-family dwelling may be erected provided the required lot width and yard regulations are observed. Mayor Pro Tem Charles A. Bonniwell called the meeting to order. The invocation was given by The Reverend Harold T. Branch, City Councilman. Mayor Pro Tern Bonniwell asked City Manager Townsend to explain the proposed text amendment which is to be considered at this public hearing. City Manager Townsend explained that under the provisions of the present Zoning Ordinance the minimum lot size is 6, 000 square feet while the Platting Ordinance for some time has offered special exception for 5, 000 square foot lots within a specific area of the City. This creates a conflict. The problem is that from 1961 until mid-October of 1971 there have been some subdivision plats approved by the Planning Commission and some building permits issued for 5, 000 square foot lots in the general area west of Port Avenue and south of Agnes Street, as set out in the Platting Ordinance. He reviewed a list of such subdivisions involved that have been approved since March 29, 1961 and prior to January 5, 1972 which have been fully developed, those partially developed, and three new subdivisions that are not under construction at the present time. He pointed out that the City Council has before it an amendment to the Platting Ordinance that has had two readings which will delete special reference to 5, 000 square foot lots west of Port and south of Agnes Street. tes Joint Meeting of City Council It Planning Commission January 11, 1972 Page 2 • The City Manager explained the permit process, stating that the interpretation has been confusing and developers have had reason to think that their subdivisions with 5, 000 square foot lots were valid. The way it now stands, he continued, a developer could divide property into 5, 000 square foot lots, put in curbs and gutters, etc. , but legally could not obtain a building permit for construction of houses on this size lot. City Manager Townsend explained that the City Council had before it a few months ago a recommendation from the Planning Commission that a "R -1C" zoning district be established which would permit 5, 000 square foot lot developments, but it was not ap- proved by the City Council. The particular subdivision that brought this matter before the City Council was Starcrest Place #1 on which the preliminary was originally approved with 6, 000 square foot lots prior to Celia and later resubmitted and approved with 5, 000 square foot lots . This was done by the developer in order to be in competition with other developers. The fact that this developer had a substantial investment in this sub- division led him to request special dispensation from the Council due to a hardship situation. Capt. Acuff explained the circumstances that brought this problem to the attention of the Planning Commission, stating that the "R -1C" zoning district (5, 000 square foot lots) was recommended to the City Council following an appeal by the Engineer for ap- proval of 5, 000 square foot lots in the Three Fountains Subdivision. Attorney Edwin Prichard appeared on behalf of his client, Hulen Hunt, developer of Hacienda Estates. He presented a drawing of the entire subdivision including Units 1, 2, and 3 and explained that the preliminary plat was approved on November 7, 1967. The final plat of Unit 1 was approved in December 1967 and is already built out. OnJanuary6, 1970, Unit 2 was approved and it is built out. Unit 3 with a total of 57 lots, 40 of which are less than 6,000 square feet, was approved July 20, 1971 and is all the land owned by his client in this area. It has not been filed for record but has been approved by every- one and construction started. He presented a plat of Unit 3 and stated that utilities have already been installed, streets have been started, and work is under way on the curbs and gutters, which makes it impossible to change the lot lines. He further stated that on 19 lots of this unit house plans have already been drawn and FHA and VA appraisals have been approved. The builder is ready to start construction, but when he applied for building permits he was told that they had been frozen on 5, 000 square foot lots and therefore could not be issued. He added that some of the homes have already been con- tracted and Mr. Hunt is "at the point of no return. " He further explained that all of the units up to Unit 3 in this subdivision have been built according to the preliminary plan and his client owns no additional land to add to this unit. If this is not approved and the builder has to go back and replat to increase the lot size, then the cost will go over the value assigned by the FHA and VA, and right now they are "right at the top" for 2351oans. To not permit the builder to continue with development as proposed would work a great hardship on his client and in his opinion would probably be the taking of private property without compensation. City Manager Townsend pointed out the problem that the Planning Commission approved the final plat of Hacienda Estates and when this plat was recorded it became a legal document. However, this did not remove the obligation of 6, 000 square foot lots when applying for a building permit, which is to some extent "double talk" but nevertheless the situation as it now stands. Reverend Branch pointed out that at the time he noticed curbs and gutters were being installed in this subdivision, he had questioned the City Manager and was told that houses could not be built on these lots, which was in mid-October of 1971. The City utes Joint Meeting of City Council & Planning Commission January 11, 1972 Page 3 • Manager pointed out that he had written a memorandum at that time instructing the City Staff not to issue building permits on lots of less than 6, 000 square feet in area since it would be in violation of the Zoning Ordinance. Mr. Hunt appeared on his own behalf and stated that this ruling by the City came as a complete surprise and is working a hardship on him as well as "putting me out of business"; if the lot size must be increased it will mean a smaller house on a larger lot because of increased building costs; and emphasized again that he had "absolutely no warning by telephone or letter" from the City until after he had received appraisals from the FHA and VA and he was Simply astonished. He felt it should be the procedure of the City to send a letter to all developers, etc. when there is such a policy change. Councilman Gonzales asked Mr. Hunt when he found out that he could build houses on 5, 000 square foot lots. Mr. Hunt replied that he has built houses on this size lot ever since he started building in Corpus Christi, which was quite a few years ago. Commis- sioner Durden asked Mr. Hunt when the first building permit was issued on this subdivi- sion, and Mr. Hunt replied that it was in December 1967, which was four years ago. Mr. Gonzales pointed out that he could see only about $200 per lot on land that Mr. Hunt would save and asked Mr. Hunt if this is the only difference and the amount of square footage that could be put into a house for this amount. Mr. Hunt replied that it would be 50 to 55 square feet of extra "room" space. Mrs. Rudy Gonzalez, President of the Moody High School PTA, spoke in opposition to 5, 000 square foot lots because of the increase in density within this area. Preston Smith stated that he lives across from Hacienda Estates and pointed out that he felt all people should abide by the rules and regulations; no one should deviate from what is right; and added that if the total acreage were divided into 6, 000 square foot lots, probably the same number of homes could be built as are now proposed. Huey Dorn, representing the Greenwood Park Civic League and other area resi- dents, spoke in opposition to construction of any home on less than a 6, 000 square foot lot. Mrs. N. E. Sullivan also appeared in opposition on behalf of the Westside Neigh- borhood Improvement Association. David Saenz, 1430 Seventh Street, spoke in opposition pointing out that this was somewhat confusing because a person could build on a smaller lot all over town, not just in the area west of Port and south of Agnes, using as an example a lot which he had sold several years ago on Delores Street which was 25' x 100' on which a house was later constructed. He read a letter addressed to the Mayor and City Council (on file in the City Secretary's Office) which expressed his concern that people wish to make a greater profit at the expense of the residents within the City with no thought of whether the rules are broken or not. He felt that the Council would not permit an injustice in this case. City Manager Townsend pointed out that the Zoning Ordinance allows a building permit to be issued where an individual ownership is less than 6, 000 square feet pro- vided such owner does not own property on either side of his property and has owned his property prior to March 29, 1961. Joe Garza, representing the LULAC organization, spoke in opposition stating that they are deeply concerned about the increased density in this area. He couldn't see why people could condone trying to get by the rules and regulations of the City for the sake of a few dollars, and asked that something be done "to stop the density west of Port. " MSS Joint Meeting of City Council & Planning Commission January 11, 1972 Page 4 • Mr. Prichard, in rebuttal, stated that none of the lots proposed for Hacienda Estates Unit 3 would be less than 5, 600 square feet; his client is not getting 25 to 30 more homes in this area; if all the lots were to conform to 6, 000 square feet minimum, there would be some strange configurations because there is no more area to work with; also, if all lots in subdi- visions were standardized, there would be no variety and all homes would look and be alike. Mrs. Gonzalez again emphasized that people living in the Moody High School area are very concerned about the overcrowding of all schools in this vicinity and pointed out that there is no room for more students. Jule Pels, developer of Three Fountains Subdivision, stated that he felt the topic was 'interim period"; the only cost to the builder is the amount he has already invested in plans, etc; and added that it is "the people that are going to lose - the home buyers. " 5. S. Crecelius, owner and developer of Starcrest Subdivision, reviewed the past history of this subdivision and pointed out that the preliminary plat as well as a final plat out of a portion of the preliminary were approved by the Planning Commission about the time Hurricane Celia struck, which resulted in his letting the approval time lapse. There- fore, he had to ask for reapproval and was told that the Gity was no longer issuing permits for construction on 5, 000 square foot lots. He then appealed to the City Council to give him some consideration and the necessary time extension so that all would not be lost. At the Planning Commission meeting of January 4, 1972 the preliminary plat and a final out of a portion of the preliminary were approved. Based on this and his investment, he felt ap- proval of his subdivision, which contains lots of less than and some with more than 6, 000 square feet, is justified. He asked that the Council and Commission consider the burden being placed on builders alone and added that only 91 lots are involved in his subdivision. Councilman Lozano stated that he felt this is a policy decision on the part of the Council and not that they were against Messrs. Crecelius, Pels or Hunt. Mr. Crecelius was asked the total amount of money he has invested in his subdivision and he replied around $8, 000 to $10, 000. Wilfred Ransom, Vice President of the NAACP, spoke in opposition stating that he could not see where this would be a hardship on the building contractor. Mrs. Gladys Sales also appeared on behalf of the NAACP and read a letter of opposition from residents of the Westside population. Lavernis Royal, representing the Greenwood Park area, asked to go on record as opposing the building of any homes on lots of less than 6, 000 square feet. There being no further persons to be heard, it was moved, seconded and passed that the meeting be recessed for a brief period. The meeting was again called to order by Mayor Pro Tem Bonniwell and the City Manager was asked for a staff recommendation regarding this proposed amendment. City Manager Townsend stated that it was the feeling of the staff that this was somewhat of an appeal and for this reason they did not prepare a recommendation. However, the consensus of the staff was the question of drawing a line; the staff felt the amendment should apply only to those lots where sales have commenced - where there has been the actual dividing of lots. His personal recommendation would not include Starcrest nor Two Fountains since they have not broken ground. On behalf of the Council, motion by Stark, seconded by Gonzales, and on behalf of the Commission. motion by Durden and seconded by Cartwright that the hearing be closed. Motions carried unanimously. City Manager Townsend stated that his recommendation to the Council was that the matter be tabled to await the Planning Commission recommendation. Motion by Stark, seconded by Reverend Branch that this matter be tabled to con- sider the Commission recommendation at a later meeting. Motion carried unanimously. There being no further business to come before the the Council, the meeting was adjourned. v nes Joint Meeting of City Council & Planning Commission January 11, 1972 Page 5 • The Planning Commission reconvened their meeting to consider the proposed amendment just given public hearing as well as other business, with the meeting being chaired by Capt. Acuff, Vice Chairman. Following discussion, motion by Bonilla, seconded by Cartwright and passed unanimously that Article 27 of the Zoning Ordinance be forwarded to the City Council with the recommendation that it be amended as follows: That a new subsection 27-3. 06.02 be added to read as follows: 27-3. 06.02 In any subdivision that has been finally platted by action of the Planning Commission prior to January 5, 1972 which includes lots of less than 6, 000 square feet but no less than 5, 000 square feet in area, a single-family dwelling may be erected provided the required lot width and yard regulations are observed. The Commission felt that those developers who have proceeded to a point of filing final plats on the basis of 5, 000 square foot lots had acted in good faith and the abrupt change of policy would be unreasonable. It was unanimous, however, that this policy not apply to preliminary plats that may have been considered and approved by the Commission on the basis of less than 6, 000 square feet. * * * * * * ; * * * ; * * * MARKS TRACT (Preliminary - 51.8 Acres) Larry Wenger presented the raw land value of this tract which was received from the Right-of-way Section of the Department of Engineering Services as requested by the Commission on January 4, 1972 at which time this plat was tabled. The appraised value per acre was given as $47, 374. 58. By applying the 5% park requirement to this plat there would be a total of 2.59 acres, and thus the park settlement would amount to $122, 700. Mr. Wenger also presented a "write -it" memo from former Chairman John Waller which he had received on January 11 that indicated 'Mr. Waller had reviewed the sales contract executed when Mr. Marks purchased the property from Ted Anderson, and the sales price was $13, 500 per acre. In reply to a question from the Commission, Mr. Wenger stated that in 1969 the City Right-of-way Section estimated the value of the K -Mart property at $9, 000 per acre, which was used as a basis for the park settlement for that tract. Following discussion, motion by Durden, seconded by Bonilla and passed with Cartwright voting nay that this plat be approved establishing a raw land value of $13, 500 per acre to be used in the settlement of the park requirement when final plats out of this area are considered by the Commission. MARKS TRACT (Final - 5. 524 Acres) It was moved, seconded and passed that this plat be approved subject to the park settlement of $3, 728. 70. There was a general discussion of the appraised value made by the City Right-of- way Section on the above plat. Commissioner Cartwright was of the opinion that the Com- mission should rely on experts to make appraisals, but rather than "hearsay" statements would suggest that there be complete appraisal reports. 1v�es Joint Meeting of City Council & Planning Commission January 11, 1972 Page 6 Motion by Durden, seconded by Bonilla and passed unanimously that the appraisal made by the City Right-of-way Section pertaining to the Marks Tract be forwarded to the City Manager along with a copy of the sales contract with a request that a written report be made to the Commission stating how the Right-of-way Section arrived at a figure of $122, 700. Motion by Cartwirght, seconded by Lay and passed unanimously that the Planning Commission not consider any plat where money is being required in lieu of the park requirement until an appraisal of the raw land value has been made and received by the Planning Department. • * * * * , * * * ELECTION OF OFFICERS It was pointed out that Chairman Waller has submitted his resignation as a member of the Planning Commission as of January 10, 1972. Motion by Bonilla, seconded by Garza and passed that Capt. Acuff be elected chairman of the Planning Commission by acclamation. Motion by Bonilla that Durden be elected vice chairman, but Commissioner Durden declined. Motion by Durden,seconded by Lay and passed that Commissioner Cartwright be elected vice chairman by acclamation. * * * * * * * * * * * * * Motion by Cartwright, seconded by Durden and passed unanimously that a public hearing be scheduled for the planned unit development on February 8, 1972. * * * * * * * * * * PENDING ZONING 172-4 Charles V. Walker: "R -1B" to "A-1" Northwest corner of Retama Avenue & UpRiver Road Motion by Garza, seconded by Gonzalez that this application of Charles V. Walker (File #172-4) for "A-1" Apartment House District on a portion of Tract F, Bancroft - Dodge Farm Lots, and Lot 20, Block 1, Retama Grove Addition, be forwarded to the City Council with the recommendation that it be denied, but in lieu thereof a Special Permit be granted limiting the area to six (6) units. Motion did not carry due to a tie vote: Voting Aye: Bonilla, Durden, Garza, Gonzalez Voting Nay: Cantu, Cartwright, Lay, Acuff • * * * * * * * * * * The meeting adjourned at 11:15 p.m.