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HomeMy WebLinkAboutMinutes City Council - 09/13/1972 - SpecialMINUTES CITY OF CORPUS CHRISTI, TEXAS SPECIAL COUNCIL MEETING September 13, 1972 4:30 P. M. PRESENT: Mayor Ronnie Sizemore Mayor Pro Tem Chas. A. Bonniwel I Commissioners: Roberto Bosquez, M.D. City Manager R. Marvin Townsend Rev. Harold T. Branch City Attorney James R. Riggs Thomas V. Gonzales City Secretary T. Ray Kring J. Howard Stark Gabe Lozano, Sr. Mayor Ronnie Sizemore called the meeting to order in the Council Chamber of the City Hall and stated the purpose of the meeting was to hold scheduled public hearings on seven zoning applications and any other business as may properly come before the Council. He ex- plained the procedure to be followed. City Manager Townsend presented Application 0672-4, Two Way Land Company, for change of zoning from "1-2" Light Industrial District to "T-1" Travel Troller Park, Mobile Home Park, and Mobile Home Subdivision District, on a 35.8 -acre tract of land out of Parcel 8 of the Weil Partition in Shares 1 & 2, McBride Partition, located on the east side of Corn Products Road, south of Leopard Street. The application was heard by the Planning Commission June 6, 1972, and forwarded to the Council with the recommendation that it be approved, and the Staff recommended that the request be tabled until standards for development of mobile home subdivisions under the existing "T-1" District can be improved. Senior City Planner Larry Wenger was questioned as to how much time would be required for the Planning Staff to draft and submit an amendment to the Zoning Ordinance for the improvement of the standards of "T-1" District. Mr. Wenger stated it would require approximately two months, City Manager Townsend explained that the Planning Staff and the Commission had been concerned that the "T-1" District had not worked as well as had been expected; that in observing mobile home developments in other parts of the City, most of them have been substandard with no provisions for drainage and grading and o minimum of landscaping, and have resulted in a general deterioration of the area; that the only thing that "T-1" allows which is not allowed in "1-2" is that mobile homes can be located on single-family lots in Mobile home parks, and the only issue in this case is whether or not they should be allowed in this area. He pointed out that many cities do not allow mobile home subdivisions at all, • • Minutes Special Council Meeting September 13, 1972 Page 2 and that it is the Staff's recommendation that a moratorium be declared on the approval of mobile home subdivisions until such time as the problems can be properly reviewed and revisions presented to both the Commission and the City Council so that when a mobile home subdivision is developed, it will be an asset to the City rather than a slum area. Mr. Eddie Savoy, applicant, spoke on behalf of the request, stating that he had developed many mobile home subdivisions in the City, especially in the Flour Bluff area, and was prepared to start development of the subject area within the next few weeks. He pointed out that there is nothing to prevent purchase of lots anywhere in the City and to build rental property, and that mobile home subdivisions are no different from any other subdivision in this respect. He stated that Flour Bluff does not have FHA approval because of the noise factor, but that he had no objections to having definite guidelines for development such as those of FHA in this development, and that deed restrictions could take care of any special requirements. He stated the subject property does have proper drainage. Mr. M. A. Compton, realtor, spoke in favor of the request, stating that there is a mobile home subdivision just across the street from the one proposed and that the ad- joining 65 acres are zoned for a mobile home park which will begin construction soon. He stated the proposed mobile home subdivision is comparable to the adjoining one and would meet FHA guide lines. He stated that he had observed mobile home subdivisions in many other cities which were well maintained and accepted by the community. City Manager Townsend stated that most of the so-called mobile homes are not really mobile but are manufactured houses, and that under the "T-1", approval is being given to put property on land which is not allowed anywhere else in the City. He stated he admitted his mistake in recommending the "T-1" District, and his opinion is not the same now as it was two years ago, and urged the Council's cautious consideration of this application, Mr. Wm. I. Cohen, Trustee of the subject property, spoke in favor of the request, stating that the applicant will only use 38 acres out of approximately 100 acres Mr. Sovey is contemplating purchasing, and the fact that this 38 acres will be surrounded by another 62 acres, which he will own, would stand to reason that the mobile home develop- ment will be of the highest quality. He stated any reasonable restrictions would be Minutes Special Council Meeting September 13, 1972 Page 3 acceptable, and what the applicant proposes for this area would be an asset to the Community. He stated they had heard of a moratorium since June of this year, and they had been holding this 100 acres since the contract was written in April and may never have another prospective purchaser. Mayor Sizemore suggested that the five additional applications pending for "T-1" zoning be allowed to come before the Council and that the moratorium be declared for all others. City Manager Townsend stated it would be his recommendation that the Planning Commission's recommendation be amended to require that the lots have 6,000 square feet, underground utilities, meet FHA drainage standards, require building permits for mobile home "pads" and that occupancy certificates be required. No one appeared in opposition to the recommendation of the Planning Commission. Mr, Savoy stated they would be agreeable to all the suggested requirements of the City Manager with the exception of the multiple owner requirement and certificate of occupancy. Motion by Lozano, seconded by Branch and passed, that the hearing be closed. Motion by Bonniwell, seconded by Branch and passed, that the recommendation of the Planning Commission for approval of "1-2" Light Industrial District to "T-1" Travel Trailer Park, Mobile Home Park, and Mobile Home Subdivision District, on 0 35,8 -acre tract of land out of Parcel 8 of the Weil Partition in Shares 1 & 2, McBride Partition, on application #672-4, Two -Way Land Company, be concurred in subject to the following re- strictions: (1) appropriate deed restrictions; (2) 6,000 square foot minimum lot size; (3) Building Permits for construction of mobile home "pads"; (4) underground utrFities; (5) FHA standards For drainage of the lots; and (6) that occupancy certificates be required, and that an ordinance be brought forward effectuating the change. City Manager Townsend presented Application #772-9, Sweeco Incorporated, for change of zoning from "R -1B" One -family Dwelling District to "1-2" Light Industrial District on all of Lots 31 & 32, Block 6, Manchester Place, being a 1.734 -acre tract of • Minutes Special Council Meeting September 13, 1972 Page 4 land on the northwest corner of Manchester Drive and Intersection of Highway #37. The request was heard by the Planning Commission July 25, 1972, and forwarded to the Council with the recommendation that it be approved subject to the applicant filing deed restrictions against certain unclassified uses with no curb cuts permitted on Manchester Drive, on the basis that this is a logical zoning district for property that fronts on an interstate highway, and that the Staff generally concurred with this recommendation. No one appeared in opposition to the recommendation of the Planning Commission. Motion by Bronch, seconded by Gonzales and passed, that the hearing be closed. Motion by Gonzales, seconded by Branch and passed, that the recommendation of the Planning Commission be concurred in and that Application #772-9, Sweeco Incorpor- ated for change of zoning from "R -1B" One -family Dwelling District to "1-2" Light Industrial District on all of Lots 31 8, 32, Block 6, Manchester Place, being a 1 .734 -acre tract of land on the northwest corner of Manchester Drive and Intersection of Highway #37, be approved subject to the applicant filing deed restrictions against certain unclassified uses with no curb cuts permitted on Manchester Drive, and that an ordinance be brought forward effectuating the change. City Manager Townsend presented Application #872-1, Phil Massed, for change of zoning from "R -1B" One -family Dwelling District to "13-4" General Business District on Tract A; and from "R -1B" One -family Dwelling District to "A-1" Apartment House District on Tract B; both tracts being a 27 -acre tract of land out of Lot 4, Section 9, Bohemian Colony Lands, located on the northwest corner of Weber and Saratoga, The request was heard by the Planning Commission August 8, 1972, and forwarded to the Council with the recommendation that it be approved as a logical extension of zoning in this area, and pro- vides a necessary long range plan in order to develop this property properly, and that the $toff generally concurred in the recommendation. No one appeared in opposition to the recommendation of the Planning Com- mission. Motion by Stark, seconded by Lozano and passed, that the hearing be closed. Motion by Stark, seconded by Lozano and passed, that the recommendation of the Planning Commission be concurred in and that Application #872-1, Phil Massed, for • Minutes Special Council Meeting September 13, 1972 Page 5 change of zoning from "R -1B" One -family Dwelling District to "B-4" General Business District on Tract A; and from "R -1B" One -family Dwelling District to "A-1" Apartment House District on Tract B; both tracts being a 27 -acre tract of land out of Lot 4, Section 9, Bohemian Colony Lands, be approved as requested, and that an ordinance be brought forward effectuating the change. City Manager Townsend presented Application #872-3, C. A. Rackley, for change of zoning from "R-2" Two-family Dwelling District to "AB" Professional Office District, on all of Lot 6, Block 1, Algmeda Place, located Q the east side at 3130 South Alameda. The request was heard by the Planning Commission August 8, 1972, and forwarded to the Council with the recommendation that it be approved on the basis that there has been considerable change in the character of this area which warrants this zoning, and that the Planning Staff concurred in this recommendation. Mrs. Wm. W. Green, 3149 Topeka, spoke in opposition to the recommendation of the Planning Commission on the basis that there has been an intrusion of parking into the residential neighborhood on Topeka Street, and these residents are vitally concerned that this trend not be expanded further. She stated that two years ago when an application was approved, a petition was presented to the Planning Commission which invoked the 20 percent rule, and that the feelings of the residents or the character of the neighborhood has not changed since thqt time, However, Mrs. Green expressed appreciation, on behalf of other residents of Topeka Street, for restrictions placed on the Board of Adjustment, screening fences, No Parking and Towaway zones, and signs erected along Hoffman and Glazebrook Streets from South Alameda to Austin Streets between hours of 8 a.m. to 5 p.m. She stated she feels the property on the west side of Alameda is well planned and protected, but that the east side of Alameda is entirely too congested and getting worse, and that she is defin- itely opposed to the subject request. Others appearing in opposition were Mr. Robert Ganc, 3146 Topeka, and Mrs. Karl V. Mann, Jr., 3145 Topeka. Motion by Lozano, seconded by Branch and passed,that the hearing be closed. Motion by Stark, seconded by Lozano and passed, that the recommendation of • Minutes Special Council Meeting September 13, 1972 Page 6 the Planning Commission be concurred in and that Application #872-3, C. A. Rackley, for change of zoning from "R-2" Two-family Dwelling District to "AB" Professional Office District on all of Lot 6, Block 1, Alameda Place, be approved, and that an ordinance be brought forward effectuating the change. City Manager Townsend presented Application #872-4, Hulen Hunt, for change of zoning from "R -1B" One -family Dwelling District to "A-2" Apartment House District on Tract "A"; and from "A-2" Apartment House District to "8-1" Neighborhood Business Dis- trict on Tract "B", both tracts being a portion of Lot 12, Section 18, Flour Bluff & Encinal Farm & Garden Tracts, located on the west side of Nile Drive between South Padre Island Drive and Williams Drive. The request was heard by the Planning Commission August 8, 1972, with the recommendation and forwarded to the Council/that the requests be approved on both tracts. He stated the Planning Staff recommended that the "A-2" request be reduced to "A-1" to lessen the density and that possibly the "B-1" request be increased to "B-4" General Business District. No one appeared in opposition to the recommendation of the Planning Commis- sion. Motion by Bonniwell, seconded by Branch and passed, that the hearing be closed. Motion by Stark, seconded by Lozano and passed, that the recommendation of the Planning Commission be concurred in and that Application #872-4, Hulen Hunt, for change of zoning from "R -1B" One -family Dwelling District to "A-2" Apartment House District on Tract "A"; and from "A-2" Apartment House District to "B-1" Neighborhood Business District on Tract "B", both tracts being a portion of Lots 12, Section 18, Flour Bluff & Encinal Form & Garden Tracts, be approved as requested, and that an ordinance be brought forward effectuating the change. City Manager Townsend presented Application #872-6, Roy Lay, Jr., for change of zoning from "R -1B" One -family Dwelling District to "A-1" Apartment House District, on all of Lots 49 & 50, Block 8, Flour Bluff Park, located on the northwest corner of Behman Street and Matlock Street. The request was heard by the Planning Commission August 8, 1972, and forwarded to the Council with the recommendation that it be approved on the basis that it would upgrade the neighborhood and that the Planning Staff recommended • Minutes Special Council Meeting September 13, 1972 Page 7 denial on the basis that it would be spot zoning and is located under the runway of the NAS, and is listed by the NAS acoustical survey in Zone 3 with a composite noise rating of 115+, which would likely bring repeated vigorous complaints by individuals and concerted group action could be expected. Mr. Townsend stated the Legal Staff had filed legal objections to the approval of this application. Mr. Wenger located the property on the zoning and land use map, pointing out that it was in dose proximity to a request heard last week on Lots 33 through 47, Block 16, located on the west side of Greenbay Drive, which had been referred to the Planning Com- mission for a master plan recommendation designating areas in Flour Bluff where irocreosed density should not be allowed. He pointed out that this area is what is termed by the Staff as a "paper subdivision". Attorney Michael Kendrick, Jr., spoke on behalf of the applicant, stating that there are mobile homes located throughout the Flour Bluff area in what are called flight patterns; the entire area is predominantly for tenants of rental property who can leave if the noise cannot be tolerated, and is a more serious matter to persons desiring to buy homes because FHA approval cannot be obtained. He stated that his client would be the first to get on the list if the City or the Navy decided to buy the property surrounding the Naval Base. He termed as unfounded the assertion made last week that the Navy would close the Base if developmentwerecontinued around the Naval Air Station, commenting that it is obvious the Navy hag not been that concerned since they had not attempted to buy the land. He stated the City's concern is based on Captain Acuff's and others' warn- ing of the Base's possible removal if land development eventually surrounded it. He stated it is one thing to make a statement that certain development is not good, but such statements should be accompanied by a solution. Mr. Wendell Keetch, 2638 Debra, President of the Flour Bluff Civic League, stated the two applications of Mr. Lay had been presented to this organization, and it was the consensus that rental housing built in this area is the responsibility of the developer, and if they feel there is sufficient demand for rental housing, then they take that chance; that they feel this is not in any woy taking away from the improvement of Flour Bluff; that • Minutes Special Council Meeting September 13, 1972 Page 8 the Civic League sponsored the "T-1" idea because of the protection it offered Flour Bluff and hoped it would continue. He stated the Civic League does not oppose this type of appl ication Mr. Lay explained his plans to open Behman and Redmond Streets; stated it `is a financial investment and has confidence in its success. No one appeared in opposition to the recommendation of the Planning Com- mission. Motion by Lozano, seconded by Gonzales and passed, that the hearing be closed. Motion by Bonniwell that the recommendation of the Planning Commission be concurred in and the request be approved with the stipulation that the development be limited to single-family, one-story duplexes, and agreement made for proper notification to tenants of noise level in flight patterns. Mr. Kendrick stated they would not be willing to agree to the requirement relative to the noise because of involvement in possible law suits. The motion died for lack of a second. Motion by Branch that the request be tabled pending further information con- cerning the area as a whole. The motion died for lack of a second. Motion by Lozano, seconded by Stark and passed, with Bosquez abstaining and Branch voting "Nay", that the recommendation of the Planning Commission be concuured in and that Application #872-6, Roy Lay, Jr., for change of zoning from "R -1B" One- familsa Dwelling District to "A-1" Apartment House District, on all of Lots 49 & 50, Block 8, Flour Bluff Park, be approved subject to deed restrictions limiting the development to single story duplexes, and subject to an agreement that prospective purchasers of that property would be alerted that "according to a survey made, there is a noise level, or, occasions of 115 decibels at this time," and -that an ordinance be brought forward effectuating the cilus,ge. Mayer Sizemore voted for the motion. Commissioner Branch stated he did not understand the action to approve the subject request in view of the fact that an identical one was referred back to the Planning Commission last week. Motion by Bonniwell, seconded by Stark and passed, that Application #772-3, • Minutes Special Council Meeting September 13, 1972 Page 9 Roy Lay, Jr., for change of zoning from "R -1B" One -family Dwelling District to "R-2" Two- family Dwelling District, on Lots 33 thru 47, Block 16, Flour Bluff Park, be considered at this time. (It was noted that Legal objections were filed against the granting of the zoning.) Motion by Stark, seconded by Lozano and passed, that the recommendation of the Planning Commission be overruled, and that Application #772-3, Roy Lay, Jr., for change of zoning from "R -1B" One -family Dwelling District to "R-2" Two-family Dwelling District, on all of Lots 33 through 47, Block 16, Flour Bluff Park, be granted subject to deed restrictions limiting the development to single -story duplexes, and subject to an agree- ment that prospective purchasers of that property would be alerted that "according to a survey made, there is a noise level, on occasions of 115 decibels at this time," and that an ordinance be brought forward effectuating the change. City Manager Townsend presented Application #772-11, Eugene Lee Brown, Jr., M.D., for change of zoning from "R -1B" One -family Dwelling District and a Special Permit to "AB" Professional Office District, on all of Lots 20, 21, 22 & 23, Block 7, Koolside Addition, located on the southside of Gollihar Street between Lum Avenue and Dorthy Drive. The request was heard by the Planning Commission July 25, 1972, and forwarded to the Council with the recommendation that it be denied, but in lieu thereof, a Special Permit be granted for a doctor's office subject to the parking lot being constructed behind the 25 -foot building line on Lum Street and eliminating the standard screening fence requirement to the rear because of an existing oleander hedge, and that an area for future expansion be included in the plot plan. He stated a plot plan had been submitted which meets the requirements, including an area for future expansion and the placement of a sign, and that this plot plan hod been approved by the Commission August 8, 1972. Mr. Townsend explained that the Planning Staff recommended approval for "AB", but suggested that 'rhe parking lot on Lum Street be moved behind the 25' building line for a wider landscape strip, thereby appearing to be a standard front yard facing the single- family dwellings on the west side of Lum Street. Mr. Townsend read a letter from Mr. Tom Landry, Sr., 917 Dorthy Drive, stating that a special permit should not be granted without • Minutes Special Council Meeting September 13, 1972 Page 10 restrictions and opposing the oleander hedge, stating that a fence is needed and customary procedure at business property. Dr. Eugene Brown, applicant, was present and stated he would prefer to have the requested zoning over the Special Permit. No one appeared in opposition to the recommendation of the Planning Corrom socre. Motion by Bonniwell, seconded by Lozano and passed, that the hearing be Flo ed. Motion by Bonniwell, seconded by Lozano and passed, that the recommendatior. of the Planning Commission be overruled, and that Application 0772-11, Eugene Lee Brown, Jr. M.D., for change of zoning from "R -1B" One -family Dwelling District and a Special Permit to "AB" Professional Office District, on all of Lots 20,21,22 & 23, Block 7, Koolside Addition, located on the south side of Gollihar Street between Lum Avenue and Dorthy Drive, be approved as requested, and that an ordinance be brought forward effectuating the charge. ORDINANCE NO. 11080 AMENDING THE ZONING ORDINANCE OF THE CITY OF CORPUS CHRISTI ADOP7'ED 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, AS AMENDED, UPON APPLICATION OF SWEECO, INCORPORATED, BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON LOTS 31 AND 32, BLOCK 6, MANCHESTER PLACE, SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM R-15 ONE -FAMILY DWELLING DISTRICT TO 1-2 LIGHT INDUSTRIAL DISTRICT; KEEP'iNG [N EFFECT ALL OTHER PROVISIONS OF THE EXISTING ORDINANCE AS AMENDED; REPEAL- ING ALL ORDINANCES IN CONFLICT HEREWITH; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by rhe fallowing vote: Sizemore, Bonniwell, Bosquez, Branch, Gonzales, Lozano, and Stark, present and voting "Aye" ORDINANCE NO. 11081 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, AS AMENDED, UPON APPLICATION OF C. A. RACKLEY BY AMENDING THE ZONING MAP BY CHANG- NG ''4E` =ONING ON LOT 6, BLOCK 1, ALAMEDA PLACE, SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "R-2" TWO-FAMILY DWELLING DISTRICT TO "AB" PROFESSIONAL OFFICE DISTRICT; KEEPING IN EFFECT ALL OTHER PROVISIONS OF THE EXISTING ORDINANCE AS AMENDED; REPEALING ALL ORDINAN- CES IN CONFLICT HEREWITH; AND DECLARING AN EMERGENCY. • Minutes Special Council Meeting September 13, 1972 Page 11 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. 11082 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 6106, AS AMENDED,UPON APPLICATION OF HULEN HUNT BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON TWO TRACTS OF LAND OUT OF LOT 12, SECTION 18, FLOUR BLUFF & ENCINAL FARM & GARDEN TRACTS, SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "R -1B" ONE -FAMILY DWELLING DISTRICT TO "A-2" APARTMENT HOUSE DISTRICT ON TRACT "A", AND FROM "A-2"APARTMENT HOUSE DISTRICT TO "B-1" NEIGHBORHOOD BUSINESS DISTRICT ON TRACT "B"; KEEPING IN EFFECT ALL OTHER PROVISIONS OF THE EXISTING ORDINANCE AS AMENDED; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND DECLARING AN EMER- GENCY. 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". There being no further business to come before the Council, the SpeciaE Meeting was adjourned at 6:30 p.m., September 13, 1972.