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HomeMy WebLinkAboutMinutes City Council - 10/18/1972 - SpecialMINUTES CITY OF CORPUS CHRISTI, TEXAS SPECIAL COUNCIL MEETING October 18, 1972 4:00 P. M. PRESENT: Mayor Ronnie Sizemore Mayor Pro Tem Chas. 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 in the Council Chamber of the City Hall and stated the purpose of the special meeting was to hold scheduled public hearings on six zoning applications and any other business as may properly come before the Council. He explained the procedure to be followed. City Manager Townsend presented Application #C872-14, Planning Commission, for change of zoning from "R -1B" One -family Dwelling District to "B-1" Neighborhood Business District on a 162' x 100' area out of Section B-4, Paisley Subdivision of the Hoffman Tract (the remaining portion of Lot 1, Gust Heye Addition unrecorded); and the east 1/2 of Lots 3 & 4, Ava Cooper Subdivision, both areas located along the west side in the 4300 Block of Kostoryz Road, north and south of Horne Road. The request was heard by the Planning Commission August 15, 1972 and forwarded to the Council with the recommendation that it be approved as a logical extension of exist- ing business zoning in this area. The Staff recommended approval on the basis of a prior action allowing a strip of land to exist along Houston Street and Gollihar and would be unfair for the remaining parcels to continue as residential property. No one appeared in opposition to the recommendation of the Planning Commis- sion. Motion by Stark, seconded by Branch and passed, that the hearing be closed. Motion by Bonniwell, seconded by Stark and passed, that the recommendation of the Planning Commission be concurred in and that Application #C872-14, Planning Commission, be approved as requested, and that an ordinance be brought forward effectuating the change, City Manager Townsend presented Application #C872-15, Planning Commission for change of zoning from "A-2" Apartment House District to "I-2" Light Industrial District on the east 1/2 of Lot 6, Block 1, Portmoor Addition, and a 100' x 135' area out of Share 4 of the Tyre Mussett 400 -acre tract, located on the west side in the 1100 and 1200 Blocks of 25th Street, north of Morgan Avenue. The request was heard by the • • Minutes Special Council Meeting October 18, 1972 Page 2 Planning Commission August 15, 1972, and forwarded to the Council with the recom- mendation that it be approved as a logical extension of industrial zoning along this street. The Staff concurred in this recommendation, but pointed out that the industrial zoning which has been granted in this area projecting eastward to 25th Street, created these remaining spots which is now just a filling in of the existing zoning in this block, and the industrial zoning will have a deteriorating effect on the residential property to the east in the future. Mr. Townsend stated he person- ally does not favor the requested change, and felt the Staff may have been reluctant to speak against it since it was initiated by the Commission. He stated that the owner of the property did not join in the request; that there is a question as to whether or not the present usage would become more intense; and the requested zoning would allow new construction on the back part of the lot. No one appeared in opposition to the recommendation of the Planning Commis- sion. Motion by Stark, seconded by Lozano and passed, that the hearing be closed. Motion by Bonniwell, seconded by Gonzales and passed, that the recommenda- tion of the Planning Commission be concurred in and Application #C872-15, Planning Commission, for change of zoning from "A-2" Apartment House District to "I-2" Light Industrial District on the east 1/2 of Lot 6, Block 1, Portmoor Addition, and a 100' x 135' area out of Share 4 of the Tyre Mussett 400 -acre tract, be approved, and that an ordinance be brought forward effectuating the change provided voluntary deed restrictions are filed prohibiting those obnoxious uses allowed in the "I-2" Light Industrial District. City Manager Townsend presented Application #972-3, Roosevelt Martinez, for change of zoning from "R -1B" One -family Dwelling District to "AB" Professional Office District, on all of Lot 21, Block 13, Parkdale Village, Unit #3, located on the south- east corner of the intersection of Marie Street and Gollihar Road. The request was heard by the Planning Commission September 5, 1972, and forwarded to the Council with the recommendation that it be approved as a logical extension of the "AB" zoning to the southeast along Gollihar Road. The Planning Staff's recommendation was that this request be denied on the basis that it would be an encroachment into an estab- lished residential neighborhood and encourage additional zoning requests to the northwest along Gollihar. Mr. Townsend stated that the Traffic Engineer and the Legal Department had noted objections. •nutes Special Council Meeting October 18, 1972 Page 3 • Senior City Planner Wenger explained that the property is presently occupied with a single-family dwelling, and that there is a real estate office in the dwelling as a home occupation. He described the uses in the surrounding area pointing out that the properties abutting to the north, west and south are all single-family dwellings; to the east along the south side of Gollihar are professional office uses, and the Parkdale Shopping Center located to the north of Gollihar Road. Mr. Wenger explained that Lot 1, Block 14, is also owned by the applicant and use of this property being investigated. He described what is termed home occupancy, stating the owner is not allowed to employ more than one other person outside the immediate family, and the premises must maintain the appearance of a residence so as not to change the character of the neighborhood, the operation does not increase traffic, and sign limitations adhered to. City Manager Townsend reported that a petition had been filed since the Commis- sion hearing containing 108 signatures of property owners in the vicinity opposing the requested zoning change. He pointed out that not all of the signers were within the 200' notification radius, but that the 20 percent rule is in effect. Mrs. Joan Smith, 4401 Janssen Drive, spoke on behalf of residents in the imme- diate area in opposition to the recommendation of the Planning Commission. She stated that she did not appear at the Commission hearing because she and her neighbors were not aware there was to be a hearing and had read of the hearing in the newspaper too late to appear. Mrs. Smith stated they are opposed on the same basis that the Planning Staff had recommended denial; the Legal Department, and the Traffic Engineer. She pointed out that a building inspector for the City had issued a notice on June 6, 1972, that Mr. Martinez was in violation of the zoning ordinance by converting a garage at 4501 Marie into an office without a permit, had committed a zoning violation by using it for a business in a residential district, and that the Planning Commission was not aware of this at the time they made their recommendation. Mrs. Smith stated there has been no change in the character of the neighborhood; no significant change in volume of traffic; the proposed zoning change constitutes an intrusion into the established single- family neighborhood; there have been no recent changes in zoning which would indicate a change of conditions, and the change would set a precedent. Mrs. Smith also pointed out that there is a heavy volume of school children crossing Gollihar at this corner going to Calk Elementary School, that the traffic is congested because of the one-way street, and any increase in traffic would add to the hazards. • Minutes Special Council Meeting October 18, 1972 Page 4 Mrs. J. B. Heinrich, 4513 Marie, spoke in opposition, stating that she had originally signed a petition in favor of the request, but had changed her mind and had signed the petition in opposition. Mr. J. W. Tucker, 4510 Dolphin, stated he is owner of Lot 14 and had signed the petition in opposition; that all property owners on Dolphin with exception of one had signed the petition in opposition, and that they were opposed for the same reasons as listed on the petition. Mr. Fred Rogers, 4502 Dolphin, spoke in opposition, stating he purchased his property because of its residential character and proximity to the elementary schools, and felt it should remain residential. Mr, Harry Goelz, 4418 Adkins Drive, spoke in opposition, stating he had lived in the area two years and anticipated no problems when he purchased his property. He stated his name is on the petition, that he is within the 200' notification area, and concurs with the objections listed on the petition. Mrs. Roosevelt Martinez, wife of the applicant, spoke on behalf of the request, stating that they had been living at this location for nine years and operating the real estate business on the property facing Gollihar, and that their family has been living in the house facing Marie. She stated the traffic has been unchanged for nine years; that recently they have extended their business to employ one salesman who is her brother-in-law; that she herself has a real estate license, does not sell but works as a secretary. She stated the reason they decided to move across the street was because the owner of that property had been associated in all kinds of disreputable operations which gave a bad reputa- tion to the neighborhood and increased traffic; that of the nine years they had operated the real estate business, the majority of the neighbors were not aware a business was being conducted; that their service street is being used for parking by customers of the offices next door, and the zoning change is needed to provide more parking space. Mr. Roosevelt Martinez, applicant, stated he did not consider the request "spot zoning" because of the "AB" use next door; that the traffic will not be further congested because of the service street; that they will have access from • Minutes Special Council Meeting October 18, 1972 Page 5 Gollihar and not on Marie; that seven of the immediate neighbors signed the petition in favor, and had he solicited the signatures of persons outside the 200 foot radius, he probably could have gotten two or three hundred to sign. Mr. Martinez stated he feels the real estate business will improve the neighborhood and will not change the residential character. Mr. Martinez was questioned whether or not a special use permit would be acceptable, and Mr. Martinez stated a special use permit would be acceptable; that he does not plan any new construction; that the entrance will be changed from Marie to Gollihar; and that he is only asking for more parking space. He stated he understood that the special permit would be tied to a detailed site plan, is aware of the screening fence requirement, and any change in the building construc- tion would require a building permit. Those present in opposition were questioned whether or not they would oppose the special permit, and it was generally conceded that if the permit is restrictive and tied to an acceptable site plan, they would not object. Mr. J. W. Tucker, Mr. Elbert Davidson, and Mr. Fred Rogers, all stated they would prefer that the property remain zoned for single-family use. Motion by Stark, seconded by Bonniwell and passed, that the hearing be closed. Motion by Stark, seconded by Gonzales, that Application #972-3, Roosevelt Martinez, for change of zoning from "R -1B" One -family Dwelling District to "AB" Professional Office District, on all of Lot 21, Block 13, Parkdale Village, Unit #3, located on the southeast corner of the intersection of Marie Street and Gollihar Road, be denied, and in lieu thereof a Special Permit be granted according to an acceptable site plan. Motion by Branch, seconded by Gonzales and passed, that the foregoing Application #972-3, be tabled for further consideration with regard to restric- tions of a Special Permit, and that specifics be worked out with Mr. Martinez and the Staff. • Minutes Special Council Meeting October 18, 1972 Page 6 City Manager Townsend presented Application #972-9, Cecil Addkinson, for change of zoning from "F -R" Farm -Rural District to "I-2" Light Industrial District on Lot 5B, Lokey Addition, being an area of 3248 acres, located on the east side of Lokey Street at Holly Road. The request was heard by the Planning Commission on September 19, 1972, and forwarded to the Council with the recommendation that it be approved as a logical extension of the "A8" zoning to the southeast along Gollihar Road. The Staff's recommendation was for denial because the decision to terminate the "1-2" zoning at its present location was made by a previous Commission some two years ago because of the objections of the residents along Lokey Street over the prospect of industrial uses adjacent to their properties; that this is still an appropriate place to terminate the industrial zoning which will give some protection to the residents along Lokey Street and the remainder of the area to the east. No one appeared in opposition to the recommendation of the Planning Commission. Motion by Lozano, seconded by Stark and passed, that the hearing be closed. • • Minutes Special Council Meeting October 18, 1972 Page 7 Motion by Stark, seconded by Lozano and passed, Bosquez voting "Nay", that the recommendation of the Planning Commission be concurred in and Application #972-9, Cecil Addkinson, for change of zoning from "F -R" Farm -Rural District to "1-2" Light Industrial District on Lot 5B, Lokey Addition, being an area of 3248 acres, be approved, and that an ordinance be brought forward effectuating the change provided deed restrictions are filed against certain obnoxious uses which are permitted under the "1-2" classification. City Manager Townsend presented Application #672-5, David May, for change of zoning on two tracts of land located on the north side of Matlock Street between Green Bay Drive and 125 feet west of Military Drive, as follows: TRACT A - from "R -1B" One -family Dwelling District to '°1-3" Heavy Industrial District on all of Lot 20, Section 47, Flour Bluff & Encinal Farm & Garden Tracts; and TRACT B - from "R -1B" One -family Dwelling District to "T-1" Travel Trailer Park, Mobile Home Park, and Mobile Home Subdivision, on all of Lots 21 and 22, Section 47, Flour Bluff & Encinal Farm & Garden Tracts. The request was heard by the Planning Commission .tune 6, 1972, and forwarded to the Council with the recommendation that "1-3" Heavy Industrial District applied for on Tract A be denied, but in lieu thereof "T-1" be approved on the entire tract subject to the following restrictions: (1) appropriate deed restrictions; (2) 6,000 sq. ft. minimum lot size; (3) building permits for construction of mobile home "pads"; (4) underground utilities; (5) FHA standards for drainage of the lots; and (6) that occupancy certificates be required. The Planning Staff generally concurred with this recommendation. Senior City Planner Larry Wenger pointed out on a map the flight pattern of the Naval Base with relation to this application. He stated 75 notices were mailed, 3 received in favor, 14 in opposition, 1 phone call in opposition, and 3 letters received in opposition after the public hearing. He stated there was one petition containing 50 signatures in opposition. Mr. Bert Haas, architect representing the applicant, presented a plot plan of the proposed development, stating that this is a very large area which cannot be devel- oped into single-family residential subdivision because no financing is available. He emphasized that the development will be according to high standards. ! • Minutes Special Council Meeting October 18, 1972 Page 8 City Manager Townsend read a letter from Irving Dietz, Advanced Air Training Commander for the Naval Air Station, pointing out some disadvantages of increasing popu- lation density in areas near the Naval Air Station flight patterns. Mr. Haas pointed out that Mr. Dietz did not actually object to the request for change of zoning but only wanted to go on record of advising the applicant and prospective purchasers of the noise factor. No one appeared in opposition to the recommendation of the Planning Commission. Motion by Lozano, seconded by Bosquez and passed, that the hearing be closed. Motion by Stark, seconded by Gonzales and passed, that the recommendation of the Planning Commission be concurred in and Application #672-5, David May, for change of zoning on two tracts of land located on the north side of Matlock Street between Green Bay Drive and 125 feet west of Military Drive, be approved as follows: That "1-3" Heavy Industrial District applied for on Tract A be denied, but in lieu thereof, "T-1" be approved on the entire tract subject to the following restrictions: (1) appropriate deed restrictions; (2) 6,000 sq. ft. minimum lot size; (3) building permits for construction of mobile home "pads"; (4) underground utilities; (5) FHA standards for drainage of the lots; (6) that occupancy certificates be required; and the additional requirement that residents who will occupy the mobile homes be notified that this area on occasions will be subjected to a noise factor of 115 decibels. City Manager Townsend presented Application #872-7, Beulah Mahan Baker and Thelma Baker Smith, for change of zoning from "R -1B" One -family Dwelling District to "A-1" Apartment House District on Tract A (31.3 acres); from "R -1B" One -family Dwelling District to "R-2" Two-family Dwelling District on Tract B (6.3 acres); being a portion of Lots 9, 10, and 11, Section 17, Flour Bluff & Encinal Farm & Garden Tracts, located on the west side of Nile Drive north of Sahara Drive. The request was heard by the Planning Commission August 22, 1972, and forwarded to the Council with the recommendation that it be approved according to the revised plan: The proposed "R-2" District would be expanded to include 16.4 acres rather than the original 6.3 acres; the "A-1" District would be reduced to 21 .2 acres rather than 31 .3 acres; Delta Drive would not be opened through to Pharaoh Valley Subdivision, but ingress and egress would be from Nile Drive. • Minutes Special Council Meeting October 18, 1972 Page 9 The Staff's recommendation was for denial on the basis that the streets are narrow and resi- dential type not designed to carry heavy traffic; would increase congestion; and the "A-1" would be spot zoning. Mr. Wenger described the location of the subject property and pointed out the areas in the revised plan as compared to the original request. City Manager Townsend gave background information and history of the Oso Sewer Plant which he described from an acetate drawing, stating this drawing had been presented to previous City Councils. He outlined the area owned and occupied by the plant, showing the property and fence lines. He outlined the four tracts, Tracts 1, 2, 3 and 4, surrounding the plant which he stated the City, under authority of the Council, is negotiating with the owners for purchase to be developed for open space as a protective buffer for the residen- tial areas surrounding the plant and not for expansion. He explained that the City also had authority to purchase approximately 2/3rds of the subject property when funds are available. He explained that the land on which the sewer plant is presently located is sufficient for anticipated expansion, but that the City does have the right to expand the plant. Mr. Townsend described the wind velocity from all directions from the sewer plant and its effect on the adjacent areas, stating that the prevailing winds are toward the Golf Course and Edgewater Terrace, Mr. Douglas Matthews, Sewer Superintendent, stated that the present plant capacity is 12,000,000 gallons per day and future expansion is from 30 to 40 million gallons per day. Mr. Albert McRae, 6638 Pharaoh Drive, appeared as spokesman for the opposi- tion and presented a brief prepared by himself and Mr. Daryl Johnson, 6629 Sahara Drive. He stated the facts presented were gathered from the City Planning Staff, the local newspaper, and comments made at the Planning Commission meeting on August 22, 1972, and September 19, 1972. He stated they felt a decision to be made on this zoning request is important to the property owners of the Pharaoh area and felt the Council will find that the disadvantages of the rezoning request far outweigh the advantages and will act in favor of denying this request. Mr. McRae pointed out views of the proponents and • Minutes Special Council Meeting October 18, 1972 Page 10 opponents regarding traffic congestion, congestion of schools, devaluation of property values, density of population, need for apartment development, and logical use of the land. He stated that there is serious doubt as to the merit of the request as indicated by three members of the Planning Commission, the Planning Staff, and residents of Pharaoh area. Mr. McRae suggested as a possible use for the land that the City buy it at a fair price for expansion of the Oso Golf Course, an improvement which would benefit all the people of Corpus Christi; also would afford an opportunity to establish a badly needed road between the Woodlawn area and Alameda Street. Mr. McRae was questioned by the Council whether or not he had seen a plat of the area prior to purchase of his property. He stated he had not seen a plat but had had faith in the person he was dealing with. Mr. Daryl Johnson, 6629 Sahara Drive, spoke in opposition, stating that he concurred with all statements and comments made by Mr. McRae, and also with the statements made by Mr. Townsend regarding the sewer plant that it would only be expanded on existing property. He stated that installation of new techniques would not necessarily mean enlargement of the plant. Mr. Johnson stated that to his knowledge, no homeowner in Pharaoh Valley had been pressured into signing the petition opposing the rezoning as was stated in a letter which was circulated from the representatives of Columbia Proper- ties. Also, he stated that he is opposed because Columbia Properties have not stated that they are going to build town houses, but that they did say they would build the apartments first. Mr. R. W. Beaty, 6902 Pharaoh, retired Humble Oil Company employee, spoke in opposition, stating he had purhcased his home 18 months ago, that only on three occasions had he been aware of an odor from the sewer plant, and at no time was it serious enough to be obnoxious. He stated he signed the petition because he felt the residents of Pharaoh had purchased their property with the understanding that the land was zoned for single-family use and had had faith in their realtors. He stated he had read the letter from representatives of Columbia Properties dated October 14, 1972, and that it was an attempt to discourage opponents from attending this meeting to protest. • • Mi notes Special Council Meeting October 18, 1972 Page 11 Mr, Frank. R. Cummings, 6825 Sahara, spoke in opposition, stating he purchased his home in August of this year in good faith that the area would remain single-family; that he had not seen a plat but was told by his realtor that the area was zoned "R -1B" Mr, Cummings stated he did not receive a notice of the Commission hearing. Mr, Lawrence Diehl, 6814 Sahara, spoke in opposition, stating he had been told by a member of the Planning Staff that the subject area was zoned for single-family resi- dences; that he was aware of the location of the sewer plant when he bought his property and felt there was enough space between his land and the plant for protection, Mrs, Mary Louise Jarwin, 6717 Sahara, spoke in opposition, stating they were shocked when they found out that the property might be rezoned for apartment development as they had purchased their home and also another house for an investment purpose and that they would file their objections in wr,•ng, Mro Robert C. Sullivan, 6634 Pharaoh Drive, spoke in opposition, stating he had purchased his home three years ago on his realtor's word that the land would remain, residential; that since that time the traffic on Pharaoh Drive had increased tremendously; that he moved to this location because he hati small children and wanted to get away from traffic congestion and hazards, and would definitely nor be in favor of apartment develop- ment on the subject property, Mro David Brown 6602 Sahara, spoke in opposition, stating he had not signed the petition and would like an opportunity to do so, Mro PauE Artus, 6622 Sahara, spoke in opposition, stating that he had checked with the Planning Staff by teephone before purchasing his property and was not advised that the property was subject to rezoning. He stated the sewer plant was not objection- able but that he would be opposed to apartment development of this tract, City Manager Townsend stated it was improbable that the Staff had told anyone that there was a holding zone for the reason that the only holding zones are the "F -R" Districts, Mr. and Mrs. Lloyd Thornton, 6717 Pharaoh, spoke in opposition on the basis of the traffic congestion around Woodlawn and Haas Elementary Schools and that they Minutes • Special Council Meeting October 18, 1972 Page 12 had not signed the petition but would be glad to do so. City Manager Townsend reported letters received in opposition since the Planning Commission hearing from Mr. J. G. Yarborough, 6814 Aswan; Mr. W. D. Coston, 6834 Sahara; Mr. 1. M. Glasser, 6601 Pharaoh; and Mr. and Mrs. M. L. Jarwin, 6717 Sahara. He reported that Mr. Frank Peerman of Pharaoh Enterprises, Ltd., had by letter rescinded his previous opposition. Others speaking in opposition were Mr. Bill Mahar, 6825 Sahara, and Mrs. Gloria Montalvo, 6637 Sahara. Mayor Sizemore called for a show of hands of those in the audience in opposition to the subject request, and approximately 25 persons responded. Mr. Richard Stone, attorney representing the applicants, introduced those who wor^Id be representing the Columbia Properties as follows: Mr. Bill Woolsey, attorney representing the land owners; Mr. Tim Clower, realtor and agent for the landowners; Mr. Louis Freeman, Vice President of Columbia Properties; and Mr. Eugene Urban of Urban Engineering, Consultants. Mr. Stone explained that the Columbia Properties are a Houston, Texas firm; are established and experienced developers, having constructed many outstanding and successful developments in Houston and other areas; are interested in Corpus Christi and have faith in the community as a whole, and particuloriy the subject tract of land as a logical site for the project. He explained the revised plan and furnished the Council with a copy of this plan. He stated the original plan had been revised because of the objections to the high density and that they had reduced the apartment area to 21.2 acres and increased the townhouse area to 16.4 in an attempt to live in harmony with the neighborhood. He Mated the original plan showed Delta to be open but was objec- tionable because it was claimed that it would empty traffic out onto Pharaoh; that this was revised to close Delta to meet these objections; that the area will be fenced to further separate artd buffer the single-family area, but that the outlets onto Nile Drive would be a platting problem to be worked out with the City. Mr. Stone stated that Columbia's entire attitude had been to cooperate because they are just as concerned about the traffic and the school problems as those who are opposing the project. 1110 • Minutes Special Council Meeting October 18, 1972 Page 13 Mr. Phil Berryman, attorney and associate of Columbia Properties, pointed out that it had never been the policy of the School Board to limit the growth of a community in a particular area merely because schools are not there. He stated he is aware of the pending law suit which has halted new construction in this area, but stated the subject proposal will be a slow process to be developed in stages requiring some three or four years to complete. He pointed out that the elementary schools in the area now have a capacity more than the enrollment which leaves room for some expansion; that they had consulted with the Traffic Engineer regarding the traffic and that a number of these streets, including Nile Drive, will need to be widened whether or not this project is allowed to be constructed, and that it would be logical to assume that the City will provide adequate streets. Mr. Tim Clower, realtor and agent for the landowners, made a slide presenta- tion of the general area, pointing out the present apartment complexes located in this area, as well as some undeveloped land which is zoned for apartments. He showed various duplexes, apartments, and townhouse developments backing up to expensive single-family residences throughout the City, pointing out that they had not affected property values. He pointed out that the 20 acres of property owned by the City between this property and the sewer plant provides a buffer more than has been pro- vided in many other areas developed for apartments throughout the City. Mr, Clower stated this property has been difficult to sell because no developer was willing to invest in the land with single-family dwellings because of its location near the Sewer Plant. (Commissioner Branch departed the meeting at this time.) Mr. Stone stated it should be noted that at the onset of this application and at the hearing, the Staff had recommended against the request because of the traffic congestion, school problems, etc., and at the second hearing, Director of Engineering Services, James Lantos, made the statement that it is because the City may need the tract for expansion of the Sewer Plant and would purchase it when funds are available. He alleged that the City Manager is openly attempting to have the 20 percent rule applied so as to aid denial of this request, and stated that for all practical purposes, • Minutes Special Council Meeting October 18, 1972 Page 14 condemnation will have occurred if it is denied. He stated the City will then have a better chance of acquiring this undeveloped plowed field for the City's use after the price goes down. He stated it should also be noted that the City Manager has presented no definite plans and specifications for development of the property; that when it is purchased by the City, it can be developed any way the City sees fit. Mr. Stone stated if the re- quested zoning is granted, this undeveloped land will be put into circulation and put to good use in a way that will not displace people and will be taxable property. Mr. Bill Woolsey, representing the land owners, stated he concurred with Mr. Stone that the City Staff has made a negative recommendation and are actually attempt- ing to condemn this property by denial of the zoning, and stated that in the event of condemnation in the future, did not want it to appear on record that this tract of land was devalued by this transaction. City Manager Townsend pointed out that the City had adopted a Master Plan and that there apparently was some misunderstanding as to what this plan is. He explained the Plan and read from its text; described the boundaries of the Plant and the areas purchased for expansion, and stated this was all presented at the Commission hearing. He explained that the City had attempted to negotiate for the land around the sewer plant, and that it was for the purpose of developing it as a park as a buffer to the adjacent single-family residences. Mayor Sizemore stated that approximately six years ago when there had been some difficulty with park development, the Council had asked the City Manager to investigate the possibility of acquiring land adjacent to the Oso Sewer Plant because at that time it was not considered suitable for any kind of residential purposes, and that the City Manager was only carrying out the wishes of the Council. Motion by Bonniwell, seconded by Gonzales and passed, that the hearing be closed. Following a brief recess, Moyor Sizemore reconvened the meeting at 8:40 p.m. and called for a motion for disposition of the foregoing zoning request. Motion by Bonniwell, seconded by Stark and passed, that the recommendation of the Planning Commission be overruled and that Application #872-7, Beulah Mahan •Minutes Special Council Meeting October 18, 1972 Page 15 Baker and Thelma Baker Smith, for change of zoning from "R -1B" One -family Dwelling District to "A-1" Apartment House District on Tract A (21.2 acres); from "R -1B" One - family Dwelling District to "R-2" Two-family Dwelling District on Tract B (16.4 acres); being a portion of Lots 9, 10 & 11, Section 17, Flour Bluff & Encinal Farm and Garden Tracts, be denied, with the express understanding that the City Manager proceed imme- diately with acquisition of the entire tract with a recommendation next week as to how the purchase will be funded. Mr. Stone questioned as to whether or not Beulah Mahan Baker and Thelma Baker Smith will be offered an amount equal to that amount agreed upon by Columbia Properties. City Manager Townsend stated he would meet with City Attorney Riggs to work out details relative to value of the land. ORDINANCE NO. 11132 AMENDING THE ZONING ORDINANCE OF THE CITY OF CORPUS CHRISTI ADOPTED ON THE 27T1-1 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 THE PLANNING COMMISSION OF THE CITY OF CORPUS CHRISTI BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON A 162' x 100' AREA OUT OF SECTION B-4, PAISLEY SUBDIVI- SION OF THE HOFFMAN TRACT AND THE EAST ONE-HALF OF LOTS 3 AND 4, AVA COOPER SUBDIVISION, SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "R -1B" ONE FAMILY DWELLING DISTRICT TO "B-1" NEIGHBORHOOD BUSINESS DISTRICT; KEEPING IN EFFECT ALL OTHER PROVI- SIONS OF THE EXISTING ORDINANCE AS AMENDED; REPEALING ALL ORDI- NANCES IN CONFLICT HEREWITH; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Sizemore, Bonniwell, Bosquez, Gonzales, Lozano, and Stark, present and voting "Aye"; Branch was absent. There being no further business to come before the Council, the Special Meeting was adjourned at 8:45 p.m., Wednesday, October 18, 1972.