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HomeMy WebLinkAboutMinutes City Council - 03/27/1972 - SpecialMINUTES CITY OF CORPUS CHRISTI, TEXAS SPECIAL. COUNCIL MEETING March 27, 1972 4:00 p.m. PRESENT: Mayor Ronnie Sizemore Mayor Pro Tem Charles A. Bonniwell 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 and stated that there ware four zoning applications scheduled for public hearing at this time and the required Charter officers were present. Mayor Sizemore thanked the audience for their patience in the delay of this meeting as the Council had just listened to a presentation from the Texas Water Development Board and Parks and Wildlife Commission relative to water flows in the bays and estuaries of the Corpus Christi area. Mayor Pro Tem Bonniwell departed the meeting at this time. City Manager Townsend presented Application 0272-9, Ben Marks for an amendment to the site pion attached to a Special Permit (Ordinance 410225) which granted "B-4" uses on Tract 1 and "R-2" uses on Tract 2 with a limitation of 10 units per acre, both Tracts 1 and 2 included in the 51.8 acre area out of Lots 3 and 4, Oso Farm Tracts, fronting 1542' along the,. south side of the 4700 Block of South Padre Island Drive. He stated that the Planning Commission heard the case on February 15, 1972, and forwarded to the City Council; with the recommendation that the request for an amendment to the site plan attached to the original Special Permit be approved as requested, in that Wedgewood Lane be closed based on the testimony given at the public hearing. Senior City Planner Larry Wenger pointed out on the map the location of the tracts and explained the change requested primarily is the relocation of a street through the tracts. Reverend Branch questioned closing of Wedgewood Lane based on testimony given at the public hearing and what is the significance. Mr. Wenger explained the street would provide access to and from the Stonegate area and the residents feel there would be too many extensions in and out of the subdivision, and they are more or less requesting this closing to allow a minimum amount of access to Padre Island Drive through the 4ubdivision. • Minutes Spectat Council Meeting March 27, 1972 Page 2 Mr. Wenger presented the original site plan and explained the street pattern originally planned and explained the changes proposed. Mr. Larry Urban of Urban Engineering Company, representing the applicant, explained that all right of way is owned by Mr. Marks, and explained rhe drainage easement clang the area shown on the outer edge of the property and where the street is proposed to be built through to Padre Island Drive. He also stated that development on Tract 2 is limited to 10 units per acre and pointed out that the only change from the original site plan is the street pattern. No one appeared in opposition to the recommendation of the Planning Commission. Motion by Gonzales, seconded by Branch and passed, that the hearingbe closed. Motion by Stark, seconded by Bosquez and passed, that the recommendation of the Planning Commission be concurred in and that Application #272-9, Ben Marks, for an amendment to a Special Permit (Ordinance No. 10225, passed March 31, 1971) which granted "B-4" uses or Tract 1 and "R-2" uses on Tract 2 with a limitation of 10 units per acre, be approved os requested, being subject to Wedgewood.Lane/closed based on the testimony given at the public hearing,and that an ordinance be brought forward effectuating the change. City Manager Townsend presented Application #272-11, Emede S. Guerra, for change of zoning from "R -1B" One -family Dwelling District and "B-4" General Business District to "A-1" Apartment House District on an approximate.8,700's2tuare foot area located on the northwest corner of the intersection of Cleo and Sonora Streets, the east 1/2 of Lot 19, David Brown Tract. He stated that the Planning Commission heard the application on February 15, 1972, and forwarded to the City Council with the recommendation that the request be approved as a logical use for this property. No one appeared in opposition to the recommendation of the Planning Commission. Motion by Lozano, seconded by Branch and passed, that the hearing be closed. Motion by Lozano, seconded by Branch and passed, that the recommendat ion of the Planning Commission be concurred in and that Application #272-11, Emede S. Guerra, for change of zoning from "R -1B" One -family Dwelling District and "B-4" General Business District to "A-1" Apartment House District on an approximate 8,700 square foot area located onthe northwest corner of the intersection of Cleo and Sonora Streets, the east 1/2 of Lot 19, David Brown Tract, be approved as a logical use for this property and that an ordinance be brought forward effectuating the change. s Minutes Special Council Meeting March 27, 1972 Page 3 City Manager Townsend presented Application 0272-12, C. V. Guzman for change of zoning from "R-2" Two-family Dwelling District to "AB" Professional Office District on an approximate 18,750 square foot area located an the northeast corner of the intersection of Ropes South Street and/Alameda Street, containing all of Lots 59 through 64, Block 815, Port Aransas Cliffs. He stated that the application was heard by the Planning Commission February 15, 1972, and forwarded to the Council with the recommendation that it be approved as the logical use for this property. No one appeared in opposition to the recommendation of the Planning,Commission. Motion by Stark, seconded by Gonzales and passed, that the hearing be closed. Motion by Stark, seconded by Branch and passed, Lozano disqualified himself, that the recommendation of the Planning Commission be concurred in and that Application 0272.12, C. V. Guzman for change of zoning from "R-2" Two-family Dwelling District to "AB" Professional Office District on an approximate 18,750 square foot area located on the northeast corner of the intersection of Ropes Street and South Alameda Street, containing all of Lots 59 through 64, Block 815, Port Aransas Cliffs, be approved as the logical use for this property and that an ordinance be brought forward effectuating the change. City Manager Townsend presented Application #272-7, Cadwallader Development Corpora- tion for change of zoning from "R -1B" One -family Dwelling District to "A-1" Apartment House District on all of Block 1, Stonegate North, Unit #1, an area of 7 acres located on the west side of Everhart Road between Bonner Drive and Curtis Clark Drive, east of Stonegate Way. He stated the Planning Commission heard the case on February 15, 1972, and forwarded to the City Council with the recommendation that it be approved as requested. City Attorney James R. Riggs stated that based on the information he had received con- cerning this zoning application, he saw no reason to change the present zoning. He discussed his legal objections to two previous zoning applications and stated they were "spot" zoning and did not conform to the areas around them. The City Manager pointed out that it is possible to find that conditions hage changed since the Master PlarOor this area was adopted, or the original plan may have been in error. • Minutes _Special Council Meeting March 210, 1972 Page 4 Mayor Sjzsnore stated that if there is any legal opposition to a case where the City Attorney has objected, then the Council is opening themselves to a lawsuit if they approve over the opposition. City Attorney Riggs stated that the law does change over the years, but felt that he must advise the Council of his views on the proposed change. Whether or not the Council believes the facts that he has stated is for the Council to decide, but he pointed out that when the City Council adopts a zoning change over the objections of the Attorney, it is still a valid change until proved different by a court of law. City Manager Townsend stated the charge to the Council is still the same and there is nothing to keep them from adopting a new master plan if the said one seem; to be incorrect. Mr. Jack Kelso, 525 N. Tancahua, appeared before the Council representing the home- owners in the Stonegate area, stating this is the third application for rezoning of this property, and gave the background of previous cases. He stated he is greatly concerned with the opinion expressed by Mr. Riggs as to the point of law involved. He pointed out that this would be "spot" zoning because of the fact that this tract of land is surrounded by "R -1B" one -family dwellings and there is nn ample reason for a zoning change. Mr. Frank A. Erickson, 4649 Bonner Drive, spoke in opposition to the proposed zoning change, also giving background of Mortgage Investment Company's previous zoning applications on this tract of land. He stated that the attorney for this Company told the people of the area that if they did not know of the plans for the Tuture, it was their own fault because it was on their warranty deed, bur..Mr. Erickson stated It was not on his warranty deed a to'future.plans for the vacant 'laud_ Commissioner Stark questioned Mr. Erickson regarding the entire area when Mr. Erickson purchased his home and Also if the sales representative was connected with MIC to which Mr. Erickson replied there was no connection, Senior City Planner Larry Wenger presented the original site plans for North and South Stonpgate for the Council to see what development was at that time, and City Manager Townsend discussed the site plans. • Minutes Special Council Meeting March 27, 1972 Page 5 i Mr. Edward DiRe, 4653 Bonner Drive, stated he had recently moved into_Stonegate from an apartment, and stated that most of the people present at the Planning Commission hearing were in opposition. He felt they heard a lot of protests against the zoning change, but no reason for the proposed change. Mrs. Frank Erickson, 4649 Bonner, also spoke in opposition pointirt out all the listings in the pgper for furnished and unfurnished apartments, stating that more apartments are not needed. Mr. Tom Shelford, 4709 Coventry, stated that he is in the Navy and expects to retire in Corpus Christi; that he likes this neighborhood and area; but believes there should be control over the zoning. He felt the Council should listen to the people who live in this area and -abide by their request as he personally could see no advantage in a zoning change. Mr. Carl Clayton, 4701 Bonner Drive, stated he bought his home three years ago with the understanding that this was o single family dwelling area and would like to see the neighborhood stay as it is presently. He pointed out that since the last application was denied for apartments between Stonegate and K -Mart, single family dwelling construction has begun and many of the homes are already sold before construction is completed. Mr. David Anderson, 4654 Bonner Drive, stated he is probably the newest resident as he has been here Tess than a month, moving from an apartment area in Houston. He was never told that the lot across the street was to be rezoned for apartments and he told his real -tor he did not want to .live- in an apartment area. Dr. Joseph Rupp, 4509 Coventry, spoke in opposition, stating constructing apartments in this residential area would be "spot" zoning, and presented a map showing apartments in this area, special permits, business zoning and residential zoning. He stated MIC wants this change in zoning because they can make more money building apartments than single-family residences. He feels they want to make an exorbitant profit at the expense of the homeowners, and it should be up to the applicant to prove why this zoning change should be allowed and not for the property or home- owners to continuously be involved with this problem. Mr. Jack Kelso, in conclusion, pointed out three reasons against the change: (1) over - concentrated with density in this area; (2) need to see an end to constant problems involve() and (3) apartments are not good zoning. • Minutes Special Council Meeting March 27, 1972 Page 6 Others appearing in opposition were: Mr. and Mrs. Robert J, McCarthy, 4601 Sheffield; Billy G. Crider, 4641 Coventry; R. J. Grabfeider, 4630 Bonner; Mr. and Mrs. C. S. Timlin, 4646 Bonner; John Haynie II, 4634 Bonner; Mrs. Dionne DiRe, 4653 Bonner; Mrs. Charles Ed Marshall, 4606 Sheffield Lone; Mr. and Mrs. Lee Carter, 4614 Oxford Drive; Mrs. James R. Strain, 4642 Sheffield Lane; Mrs. Calvin R. Clark, 4429 Coventry; Mr. and Mrs. Chal•Ies E. Molleur, 4645 Sheffield; Leroy Coffman, 4501 Coventry; Mrs. Carl Clayton, 4701 Bonner Drive; Jim Cazamias, 4650 Bonner; and A. L. Daniels, 4646 Sheffield. Mayor Pro Tem Bonniwell returned to the meeting at 5:40 ptm., stating he had been in a - closed meeting with Assistant City Manager Archie Walker, Police Chief James Avant and others concerning allegations of police bruiatity in our City. Mr. James P. Ryan, attorney for the applicant, stated that Mr. Buddy Cadwallader, Mr. Al McDavid and Mr. Tim Clower were all present in connection with this application, and would be happy to be consulted for any information requested. He also briefly discussed the background of this application and previous applications over the past few years. Mr. Ryan pre- sented the Council with copies of the deed restrictions and pointed out that they had been filed in the County Clerk's Office for public information. He stated that the 11 acres on previous applications was being constructed for single-family dwellings as shown on thepldtuuld this 7 acres is proposed to be used for'lapartments as:©n the prellmi,gary plat. He stated the Stonegate people think this is a new idea for apartment construction, but will find it was originally planned in 1966. Everhart Road is a main traffic artery and will continue to be even more congested in the future. He felt the Council should consider the zoning For the good of the public and betterment of the community. Everhart Road now has more traffic than ever before since it has been widened and improved and there are various types of businesses all along this street, so how can people believe that zoning has not changed in this vkinity. Mr. Ryan stated that 3,000 to 4,000 new dwellings are needed in this City and they cannot all be single' -family, besides some people prefer apartments; also most complexes in the City are full or nearly full. ('commissioner Branch inquired if the homeowners had received a copy of the deed restrictions when they bought their homes, and Mr. Ryan replied the homeowners had not received a copy, but it was expressed in their mortgage that the deed restrictions were on file in the records of the County Clerk's Office. • Minutes Special Council Meeting March 27, 1972 Page 7 Commissioner Gonzales question :the division line of Stonegate North and St negate South and was advised that Bonner Drive was the dividing line. Commissioner Branch inquired if deed restrictions constitute a change in zoning, and Mr. Ryan advised that it does relate to contractual obligations, but changes of conditions are not warranted. Mr. Tim Clower, local realtor, gave an extensive slide presentation showing homes backing up to apartment complexes in various parts of the City, trying to point out that they were expensive homes and also presented slides of various buildings, motels, businesses, etc. in our City which are owned by out of town corporations, Mr. Ryan pointed out that many of the homes which back up to apartments sell better than others; that they do not deteriorate neighborhoods; and that apartment dwellers have a right to live in nice neighborhoods as much as homeowners do. Mr. Jack Kelso, speaking in rebuttal, in discussing deed restrictions, stated they do not constitute a justification for change in zoning; discussed the older Gardendale area across Everhart Road from the Stonegate Subdivision; and stated they are being given zoning they do not want. Mr. Jim Ryap, speaking also in rebuttal, stated that there is business zoning within 200' of this area; that his client does not want "R-2" as it is not feasible; and that he feels apartments are good for the public and appropriate for the property. Motion by Gonzales, seconded by Bosquez and passed, that the hearing be closed. Motion by Lozano, seconded by Gonzales and passed, that the foregoilpg, application be tabled for further discussion. There being no further business to come before the Council, the meeting was adjourned at 7:00 p.m., Monday, March 27, 1972.