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HomeMy WebLinkAboutMinutes City Council - 04/18/1972 - SpecialMINUTES CITY OF CORPUS CHRISTI, TEXAS SPECIAL COUNCIL MEETING TULOSO-MIDWAY'JUNIOR_HIGH SCHOOL April 18, 1972 7:30 p.m. PRESENT: Mayor Ronnie Sizemore Mayor Pro Tem Charles A. Bonniwel I Commissioners: Roberto Bosquez, M.D. Thomas V. Gonzales Gabe Lozano, Sr. J. Howard Stark City Manager R. Marvin Townsend Executive Assistant City Attorney Hal George City Secretary T. Ray Kring Others Present: Assistant City Manager Archie Walker; Director of Traffic Engineering Tom Stewart; Police Chief James Avant; Director of Urban Development Ernest Briones; Director of Planning Win...Anderson; Senior Planner Larry Wenger; Director of Engineering Services James K. Lontos; Director of Public Works Jack McDaniel; Assistant to the Mayor Bill G. Read; Administrative Assistant Andy McCown; Staff Information Ass' t, Jim McElhaney; Robert Schneider, Director of Public Utilities; and Kern Ewing of Urban Development. Mayor Sizemore called the meeting to order at 7:30 p.m. at Tuloso-Midway Junior High School and stated the purpose of the meeting was to hold public hearings on two zoning applications, discuss proposed street name changes, and conduct any other business as may properly come before the Council. He asked that it be noted that a quorum of theCouncil and required Charter officers were present to conduct a valid meeting. He explained the procedure to be followed and recent policy adopted by the Council for holding public hearings on zoning cases. City Manager Townsend presented Application #172-4, Charles V. Walker, for change of zoning from "R -1B" One -family Dwelling District to "A-1" Apartment House District on a 2Q,800 square -foot area out of Tract F, Bancroft -Dodge Farm Lots, and Lot 20, Block. 1, Retama Grove Addition, comprising a total of 28,337 square feet located on the northwest corner of Retama Avenue and UpRiver Road. He explained that a public hearing on this request was heard by the Planning Commission January 4, 1972, and that a motion to concur with the recommendation of the Staff that it be approved failed; and the application was tabled; that an January 18, 1972, the Commission reconsidered the request, and a motion passed that it be forwarded to the Council with the recomr mendation that "A-1" be denied, but in lieu thereof a Special Permit be granted for six apartment units; that as of February 29, 1972, a site plan had not been submitted and the Planning Commission made a final recommendation that it be denied on the basis that a site plan had not been received. • • Minutes Special Counci I Meeting April 18, 1972 Page 2 Mr. Townsend explained that the Staff had originally recommended that the request for "A-1" be approved on the basis that it provides for medium density, multiple -family residence and for conversion of existing dwellings to apartments in an older section of the City, and is also appropriate as a transition between the "B-4" to the south and the "R -1B" to the north. He stated there was opposition at the hearing and of seventeen notices mailed out nine were received in opposition and that the 20 percent rule is in effect. Mr. Scott Cook, attorney representing the applicant, spoke in opposition to the recom- mendation of the Planning Commission, stating that the owner of the property, Mrs. Evelyn Collins, has a proposal for sale of the property conditioned upon being able to obtain the requested zoning. He gave a history of the zoning changes in the area since 1939, pointing out there have been various changes to apartment uses; that the property to the northwest has multiple residences on which zoning changes took place in 1965; a special permit was granted in 1968 on property to the northwest; and stated that the area generally is in a state of transition from single-family to higher density. He descriaed the area stating that most of the buildings are approximately 30 years old but have been well kept; and that many dwellings in the neighborhood are rental units or have garage apartments which are rented. He stat ed that the owner has had the property for sale for over a year; that the area is over three times the size of an average lot and can no longer economically be used for single-family dwellings. Mr. Cook pointed out that following their first appearance before the Commission, the applicant had the wholehearted approval of the Staff, and that they are now against it. He stated the request is the same now as when it was first presented. He stated the original recommendation of the Commission that a Special Permit be granted for six duplex units according to a site plan was satisfactory, but that the finance company would not approve a loan on the basis of the Special Permit. He stated that was the reason a site plan had not been submitted. He explained that his client proposed to convert the two-story single-family dwelling into a duplex apartment with one unit on each story, and that a new duplex building is proposed to be constructed near the swimming pool, making a total of six units. Mr. Scott stated he feels this application is meritorious and that the request is based on the fact that the character of the neighbor- hood has changed, stating that the requested "A-1" is a.medium density to buffer the "R -1B" zone from the "A-2", and would be consistent with the value of the property. • Minutes Special Council Meeting Apri4-.18, 1972 Page 3 Mr. Scott Collins, husband of the owner of the property, stated that the swimming pool located on the property is a constant source of worry to himself and his wife, sincq they live there alone and are away from the property a good deal of the time and forced to leave the pool unguarded. He stated the property is extremely costly for them to maintain, and economically unsuitable for single-family use. Mr. Jake Jarmon, attorney, spoke in opposition to the request, stating that he represented himself as a homeowner in the area and a number of other property owners In the immediate area. He stated he had lived in this area since 1954, had enjoyed the neighborhood and expected to live the remainder of his life there; stated that the residents were proud of this area, and that all , with the exception of one or two, are homeowners, that many of them are elderly and retired and unable to be present for this hearing, but they were all definitely opposed to the proposed change of zoning and the Special Permit. He stated that Mr. Cook does not live in the subject area but lives on Ocean Drive and that his only interest in the property is for personal profit. He stated that the higher density created by the proposed six apartment units around the swimming pool would create crowded conditions and traffic problems. Mr. Jarmon stated that he has had no problems with the swimming pool on his property, and suggested that Mr. Collins should fence or drain his swimming pool. He appealed to the Council to uphold the recommendation of the Planning Com- mission and deny the request. Mr. L. D. Davis, 826 Cenizoi,spoke in opposition, stating he had moved from another location in the City to escape the crowded conditions, and that he felt this proposed change of zoning would be setting a precedent which would result In more higher density changes. Mrs. N. E. Sullivan, 3714 Liberty, spoke on behalf of the Neighborhood Improvement Association, stating that they were in the process of making a survey of this area with regard to zoning changes, and asked that no changes be made until this survey is completed. She stated it was obvious that there had been some spot zoning; pointed out that Retamo Street was very narrow, and unless there was off-street parking provided a traffic hazard would result. Others appearing and speaking in opposition were Mrs. Richard 8rodhag, 842 Oak Parks: and Mr. C. M. Irving, 826 Oak Park, generally concurring with objections stated by Mr. Jarmon. • Minutes Special Council Meeting April 18, 1972 Page 4 In rebuttal, Mr. Cook stated that he could understand the opposition, but pointed out that they are the same objections which are heard at every hearing for zoning changes. He stated that character changes do take place in all areas, old uses have to give way to new, and unless the City authorizes the changes, then the progress becomes stagnant. He stated that the economics must dictate the changes. Commissioner Stark asked Mr. Cook if there wps any way his client could accept the Special Permit and submit the requested site plan. Mr. Cook stated the proposed development was a sizable investment, and that the loan company had refused to loan the necessary funds because of the risk involved, and that they would either have to have the "A-1" as requested or accept denial. Mayor Sizemore asked Mr. Jarmon if the opponents would be agreeable to the proposed Special Permit, and Mr. Jarmon stated they would be opposed to any change, Motion by Stark, seconded by Bosquez and passed, that the hearing be closed. Motion by Stark, seconded by Gonzales, that the recommendation of the Planning Com- mission not be concurred in and that the application be approved as requested. Bonniwell, ljpsquez and Sizemore voted "Nay" and the motion failed to pass for lack of affirmative votes. Motion by Gonzales, seconded by Bonniwell and passed, with BosquezandSizemore voting "Aye", Stark and Lozano voting "Nay", that the recommendation of the Planning Commission be concurred in and that Application #172-4, Charles V. Walker, for change of zoning from "R -1B" One -family Dwelling District to "A-1" Apartment House District qn p 20,800 square -foot area out of Tract F, Bancroft -Dodge Farm Lots, and Lot 20, Block 1, Retamo Grove Addition, a total of 28,337 square feet, be denied. City Manager Townsend presented Application #272-17f,. Max Kluge, for change of zoning from "R -1B" One -family Dwelling District to "A-1" Apartment House District on a 4.921 -acre tract of land out of Parcel 1, Partition of the Weil Lands, located in the 700 Block of Benys Road, south of Expressway #37. He explained that the request was heard by the Planning Commission February 29, 1972, and forwarded to the Commission with the recommendation that it be approved as a good land use for this property which is in close proximity to IH #37, and that the Staff concurred in this recommendation. • Minutes Special Council Meeting April 18, 1972 Page 5 No one appeared in opposition to the recommendation of the Planning Commission. Motion by Bonniwell, seconded by Gonzales and passed, that the hearing be closed. Motion by Bonniwell, seconded by Gonzales and passed, that the recommendation of the Planning Commission be concurred in and that Application #272-17, Max Kluge, for change of zoning from "R -1B" One -family Dwelling District to "A-1" Apartment House District on a 4.921 - acre tract of land out of Parcel 1, Partition of the Weil Lands, be approved as requested, and that an ordinance be brought forward effectuating the change. City Manager Townsend announced that a date for a public hearing will be set in the near future on proposed street name changes as follows: UpRiver Road west of IH 37 to its inter- section with Highway 77 to Leopard Street; and Leopard Street from the 13000 Block to E. Ellff Street, and Leopard Street from approximately West Redbird Lane to Middle Lane. He stated that both of these sections are essentially service roads to IH 37, and it is suggested that they be changed to I.H. 37 Boulevard, or a name to be selected. - Traffic Engineer Tom Stewart pointed out the location of the sections of streets on the map, and explained that changes brought about by the construction of IH 37 hod resulted in some confusion in identifying the locating the streiDts, and that it was felt a logical solution to this would be to change the name of UpRiver Road so that it would be continuous to its connection with Leopard Street. Mr. Jake Jarmon suggested that he had heard a comment some time ago that if the strip of road suggested for street name change and all of Leopard to the Padre Island Cross Town Expressway were changed to Padre Island Drive, it would be the longest street in the world. A comment was made that a more pleasing name could be found other than I.H. 37, and inquiries as to how the traffic would be routed and if and where Leopard Would deadend. Mayor Sizemore ezplained that this is not a public hearing, but is to give those present an opportunity to make comnents. He stated that hotices of the hearing will be mailed to those residents on the streets involved after a date has been set. City Manager Townsend introduced members of the Staff, which included Department Heads or representatives of some 13 City Departments. He stated they would answer any questions relative to problems in the Tuloso-Midway area. Minutes Special Council Meeting April 18, 1972 Page 6 Mr. Robert Waldrop, 9309 McNorton inquired about the plans for sewage facilities in this area; complained of various building code'violati.onsy stating that a lot at p e corner of Rand Morgan and McNorton had become an eyesore and a junk yard. He asked if something could be done about the water pressure in this area. Director of Engineering Services described the plans for sanitary sewers, stating that a Federal Grant had been received and that plans would be submitted within the next two months. Director of Public Utilities explained the water pressure problem, stating that the lines were too small and should be replaced, but that this will take some time due to lack of funds for enlargement of the lines. City Manager Townsend commented that the City is operating the Clarkwood System and the residents are benefiting from the lower rotes, but that they could at any time ask to have the system back again at which time the water rates would go up. A comment from the audience was that the lower rates are appreciated, but more pressure would also be appreciated. Mr. Townsend stated the Staff is aware of the Junk yard complained of at Rand Morgan Rood and McNorton, and that efforts are being made to alleviate the problem. He stated the Director of Public Works Jack McDaniel and Director of Urban Development Ernest Briones would investigate and report on the alleged Building Code violations, and the non -conforming garage on McNorton. Mr. A. E. Till, 7202 Leopard, inquired as to the progress of the Clarkwood Drainage Ditch, and expressed appreciation for what has been accomplished thus far. He inquired as to the progress relative to annexation of some of these areas. Mr. Lontos explained that negotiations are still continuing for acquisition of right-of-way for the Clarkwood Drainage Ditch and that there are some problems in this regard, but that about one-third of the land had been purchased. He stated that pipeline and oil companies have been contacted for cost estimates of relocation of these lines; that the County and State are also involved in the land acquisition; that the $135,000 bond funds will take care of the City's portion of the cost of right-of-way and the pipeline adjustments; that the project originally, was to be a minor ditch widening project but that now it will be a first class facility and will be completed in approximately 18 months. ,. 4111 • Minutes Special Council Meeting April 19, 1972 Page 7 Regarding the annexation, City Manager Townsend explained that the ordinance which was passed on the first reading a few weeks ago whereby annexation was a condition of water services outside the City Limits, had been amended on recommendation of the Industrial Commission to provide that all Building Codes be met in order to receive water services and that annexation not be required. He stated this modification is to be discussed by the Council at the next Wednesday Regular Meeting. Mrs. N. E. Sullivan complained about congested traffic caused by the Main Post Office on Nueces Bay Boulevard, stating that the street is narrow and that a large number of employees park on the street causing severe traffic bottleneck. Traffic Engineer Tom Stewart stated it is hoped that the next bond issue will provide funds for widening of this street, but that an investigation would be made and that possibly something could be worked out whereby the traffic could be directed into another area. Mr. Robert Waldrop complained of mosquitoes stating that this area along McNorton Street receives no benefit from the City's fogging methods, and inquired if the fogging equipment could come into this area, which is private property. City Manager Townsend explained that they would have to cross an open field and there would be no way for the equipment to come closer to this section of McNorton. He explained that they operate in late evenings when the wind is low and that the odor, if any, would probably not be noticable. He stated it would be looked into, Mr. Clyde C. Teague, principal of Calallen School offered the School facilities for a Council Meeting such as this should the Council desire. Mayor Sizemore stated that more of these meetings are planned in the hope that more community interest will be stimulated and provide an opportunity for citizens to know how their tax dollars are being used. There being no further business to come before the Council, motion by Bonniwell that the Special Meeting be adjourned at 9:15 p.m., April 18, 1972.