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HomeMy WebLinkAboutMinutes City Council - 02/14/1973 - SpecialMINUTES CITY OF CORPUS CHRISTI, TEXAS SPECIAL COUNCIL MEETING February 14, 1973 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 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. Mayor Sizemore presented Application #173-2, Mr. & Mrs. Robert Ramirez, for change of zoning from "1-3" Heavy Industrial District to "R -1B" One -family Dwelling Dis- trict, on Lots 47 & 48, Block 2, Los Angeles Hills Addition, located in the 200 Block of Parr Street. The request was heard by the Planning Commission January 9, 1973, and for- warded to the Council with the recommendation that it be approved. It was the Staff's opinion that the requested change from industrial to residential zoning would constitute spot zoning, but suggested that the Commission initiate a request to downzone the existing residential properties rather than on a piecemeal basis, and in the interim period the Staff recommended approval, No one appeared in opposition to the recommendation of the Planning Commission. Motion by Branch, seconded by Stark and passed, that the hearing be closed. Motion by Stork, seconded by Branch and passed, that the recommendation of the Planning Commission be concurred in and Application 0173-2, Mr. & Mrs. Robert Ramirez, for change of zoning from "1-3" Heavy Industrial District to "R -1B" One -family Dwelling District, on Lots 47 & 48, Block 2, Los Angeles Hills Addition, be approved and that an ordinance be brought forward effectuating the change. Mayor Sizemore presented Application #1172-8, Albert W. Lutz, for change of zoning from "R -1B" One -family Dwelling District to "A-1" Apartment House District on Lot 13, Block 6, Del Monte Addition, located on the northwest corner of Santa Fe Street and Ohio Avenue. The request was heard by the Planning Commission November 14, • • Minutes Special Council Meeting February 14, 1973 Page 2 1972 and forwarded to the. Council with the recommendation that it be denied but in lieu thereof a special permit be granted limiting the use to three dwelling units. The Staff's opinion was that approval of this request would be an intrusion into a well-established single-family area and would sanction the non -conforming status which this property has carried for a number of years. - 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 Bonniwell and passed, that the recommendation of the Planning Commission be concurred in and that Application 01172-8, Albert W. Lutz, for change of zoning from "R -1B" One -family Dwelling District to "A-1" Apartment House District on Lot 13, Block 6, Del Monte Addition, be denied but in lieu thereof a special permit be granted limiting the use to three dwelling units, and that an ordinance be brought forward effectuating the change. Mayor Sizemore presented Application 01272-15, City Planning Commission, for change of zoning from "B -l" Neighborhood Business District to "R -1B" One -family Dwel- ling District on the north 1/2 of Lot 12, 13A and 13B, Block 12; Lots 1, 1A, 1B and 2, Block 5; and Lots 1, 1A, 1C, 1D, 2, the south 1/2 of Lot 3, 26A and the west 50' of Lot 26, Block 6, all in Molina No. 2, located on the northeast and southeast corners of Angela and Villareal Drives. The request was heard by the Planning Commission December 12, 1972, and Forwarded to the Council with the recommendation that it be approved, and the Staff concurred in this recommendation. No one appeared in opposition to the recommendation of the Planning Commission, Motion by Branch, seconded by Bonniwell and passed, thatthe hearing be closed. Motion by Branch, seconded by Bosquez and passed, that the recommendation of the Planning Commission be concurred in and Application 01272-15, City Planning Com- mission, for change of zoning from "B-1" Neighborhood Business District to "R -1B" One - family Dwelling District on the north 1/2 of Lot 12, 13 A and 13B, Block 12; Lots 1, 1A, 1B and 2, Block 5; and Lots 1, 1A, 1C, 1D, 2, the south 1/2 of Lot 3, 26A and the west 50' of Lot 26, Block 6, all in Molina No, 2, be approved as requested and an ordinance • • Minutes Special Council Meeting February 14, 1973 Page 3 be brought forward effectuating the change. Mayor Sizemore presented Application #173-5, Corpus Christi Title. Company, for change of zoning from "R -1B" One -family Dwelling District to "8-4" General Business District on Tract 1 (7.9 acres); to "A-1" Apartment House District on Tract 2 (16.3 acres); and to "R-2" Two-family Dwelling District on Tract 3 (25.2 acres); all being a portion of Carl Shelton's 92.69 -acre tract, located at the southeast corner of Highway 77 and Brookhaven Drive. The request was heard by the Planning Commission January 9, 1973 and forwarded to the Council with the recommendation that it be approved as submitted on the basis that it is a commendable job of planning an entire neighborhood. Senior City Planner Larry Wenger located the property on the map and described the zoning uses in the surrounding area. He stated it was the Staff's opinion that the plan submitted by the applicant can be improved upon which would satisfy the needs and blend into the surrounding residential areas. Mr. Ted Anderson, attorney representing Corpus Christi Title Company, pre- sented the applicant's proposed plan for development of the three tracts, stating that the business request had been increased in depth to insure adequate parking and traffic control; that the stubend streets of Brookside will be used for ingress and egress to the apartments and to route traffic onto Highway #77 rather than through the residential streets; that condominium type development in the $17,000 to $18,000 price range are proposed which would be compatible with the surrounding area; and that green areas will be located adjacent to the residential areas. He stated they felt the "R-2" area could be accomplished under the PUD ordinance but that this had not been determined. He explained that a plat had not been filed because the traffic and other details of the plan cannot be determined at this point. Mr. Wenger presented an alternate plan showing a smaller area for business decreased to the same depth as the "B-4" zoning adjacent to the north; provision for better access to the apartments, and decreasing the townhouse area to provide for single- family areas adjacent to the four stubend streets to the north which would then extend into the single-family area. Mr. Wenger also explained that when the area is • Minutes Special Council Meeting February 14, 1973 Page 4 subdivided a park should be located at the extreme southeast corner of the property so that when the vacant properties adjacent to the south are subdivided, additional area may be provided to enlarge the park. He stated this alternate plan is recommended as being a better transition and would blend more with the area than the one proposed by the applicant. He stated this alternate plan had been presented at the Commission hearing. Mr. Anderson stated they feel their plan is more flexible and superior to the one presented by Mr. Wenger, pointing out that in their opinion, the smaller business area lends itself to strip zoning, and that traffic must be regulated by platting because it is part of more detailed planning. Commissioner Stark stated he would like to see some kind of plan, and Mr. Anderson stated that preparation of such a plan would be economically unfeasible at this point. He stated this would involve an expenditure of $10,000 or $15,000 which would be wasted if the zoning is denied. Mr. W. H. Stahl, 4901 Kostoryz, stated he was opposed to the foregoing request and the recommendation of the Planning Commission. Motion by Bonniwell, seconded by Branch and passed, that the hearing be closed. Motion by Branch, seconded by Lozano and passed, Sizemore, Stark and Bosquez voting "Nay", that the recommendation of the Planning Commission be concurred in and that Application #173-5, Corpus Christi Title Company, for change of zoning from "R -1B" One -family Dwelling District to "B-4" General Business District on Tract 1 (7.9 acres); to "A-1" Apartment House District on Tract 2 (16.3 acres); and to "R-2" Two-family Dwelling District on Tract 3 (25.2 acres); all being a portion of Cori Shelton's 92.69 - acre tract, located at the southeast corner of Highway 77 and Brookhaven Drive, be approved as requested, and an ordinance be brought forward effectuating the change. Mayor Sizemore presented Application #1272-3, Joseph A. Abbey, M.D., for change of zoning from "R -1B" One -family Dwelling District and a Special Permit to "B-4" General Business District on Tract A, to "AB" Professional Office District on Tract B, and to "R-2" Two-family Dwelling District on Tract C, all tracts being the southwest portion of Lots 17, 18 and 19, Section 13, Flour Bluff & Encinal Farm & Garden Tracts, • • Minutes Special Council Meeting February 14, 1973 Page 5 located east of South Staples Street and south of Williams Drive. The request was heard by the Planning Commission December 5, 1972, and forwarded to the Council with the recom- mendation that all three tracts be approved contingent on a statement from the applicant that Tracts A & Bwill be restricted from apartment density. Larry Wenger located the property on the map and described the zoning classifica- tions in the surrounding area. He stated 16 notices had been returned in opposition which represented approximately 14 percent, but that the 20% rule is not in effect. Mrs. Elesio Garcia, 5722 Bonner, spoke in opposition on the basis that the proposed change would create major sewer and drainage problems, generate an already congested traffic situation, crowd schools, and devaluate properties . She stated the density allowed under the requested zoning would equal that of eight streets of single- family residences. Mrs. J. H. Vanmaren, 5818 Bonner, and Mr. E. G. Garcia, 5722 Bonner, also appeared in opposition concurring in the statements of Mrs. Garcia. Mr. Jim Danbury stated he had no objection to the requested change on Tracts A and B, but was opposed to the change to "R-2" zoning on Tract C, for the same reasons previously stated. Dr. Joseph Abbey,466 Barracuda, applicant, spoke in support of the request stating he did not feel the drainage problem related to the zoning, but pointed out that the proposed development of the land would improve the existing drainage because the land will be filled and leveled directing the flow of water to the opposite side to Williams Drive. He stated he had already deeded land to the City for a drainage ditch on the opposite side. He explained that the topography of this land does not lend itself economically for development of single-family homes. Mr. Bert Haas, architect, described the plan indicating that a nice apartment development is proposed for the rear of the property on Tract C with each containing some 1,575 square feet of floor area plus a patio and enclosed garage with clubhouse and swimming pool privileges; that they will be condominium type with each being individually owned, and provision for ample parking areas and recreation areas next to the park. He stated the applicant and the adjacent property owner have dedicated 30 feet of right of way for drainage easement purposes, but that the owner of the remaining • Minutes Special Council Meeting February 14, 1973 Page 6 portion, Mr. Jim Peterson, has never dedicated the land. He commented that it was probably because pressure had not been put on him to do so, and that they feel the drainage problems could be solved for the present if an open ditch could be located along this dedi- cated easement. He stated that the City willeventually have to provide drainage for Glen Arbor Park. A lengthy discussion followed relative to the general drainage problems in this area. City Manager Townsend stated that the drainage problems and questions raised at this hearing could be answered in the Engineering Office. Motion by Lozano, seconded by Stark and passed, that the hearing be closed. Motion by Branch, seconded by Bosquez and passed, that Application #1272-3, Joseph A. Abbey, M.D. be tabled for two weeks, and that the Staff be requested to look into the matter of drainage and that Mr. Jim Peterson be contacted in connection with dedication of drainage easements. Mayor Sizemore asked that those persons who appeared in opposition to the zoning request be notified of the recessed hearing on the 28th day of February. Mayor Sizemore announced the public hearing on the proposal to amend the Text to the Zoning Ordinance as follows: Amend Article "7A" Travel Trailer Park, Mobile Home Park, Mobile Home Subdivision District Regulations, Section 7A-2 Use Regulations, Subsection 7A-2.01 Travel Trailer Parks, Paragraph (a) by striking the period after the word "highway" and adding the wording "provided, however, such area occu- pied by a travel trailer park may be less than three (3) acres in size if operated in conjunction with and contiguous to a motel operation both of which constitute three (3) acres or more in size." II. Amend Article 9 "A-2" Apartment house District Regulations, Section 9-2 Use Regulations, Subsection (8) in the first line following the word "hospitals" by adding the words "nursing homes for the aged." The Planning Commission held a public hearing on the foregoing Text Amendments January 16, 1973 and forwarded to the Council with the recommendation that Art. 7A and the "A-2" be approved as submitted, and that the remaining proposed amendments be tabled for further study and input from individuals primarily interested in these changes and possibly another public hearing. • Minutes Special Council Meeting February 14, 1973 Page 7 No one appeared in opposition to the recommendation of the Planning Commission. Motion by Bosquez, seconded by Branch and passed, that the hearing be closed. Motion by Bosquez, seconded by Branch and passed, that the recommendation of the Planning Commission be concurred in and that the Zoning Ordinance be amended as fol lows: Amend Article 7A "T-1" Travel Trailer Park, Mobile Home Park, and Mobile Home Subdivision District, Section 7A-2 Use Regulations, Subsection 7A-2.01 Travel Trailer Parks, Paragraph (a), so as to provide that Travel Trailer Parks may consist of less than three (3) acres if operated in conjunction with and contiguous to a motel operation. Amend Article 9 "A-2" Apartment House District Regulations, Section 9-2 Use Regulations, Subsection (8) so as to permit nursing homes and homes for the aged in Apartment House Districts. ORDINANCE NO. 11315 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 AMEN- DED FROM TIME TO TIME AND PARTICULARLY AS AMENDED BY ORDINANCE NO. 6106, AS AMENDED, UPON APPLICATION OF MR. & MRS. ROBERT RAMIREZ BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON LOTS 47 & 48, BLOCK 2, LOS ANGELES HILLS ADD. SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "1-3" HEAVY INDUSTRIAL DISTRICT TO "R -1B" ONE -FAMILY DWELLING DISTRICT; KEEPING IN EFFECT ALL OTHER PROVISIONS OF THE EXISTING ORDINANCE AS AMENDED; REPEALING ALL ORDINANCES 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, Branch, Gonzales, Lozano and Stark, present and voting "Aye". ORDINANCE NO, 11316 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 ALBERT W. LUTZ, BY GRANT- ING A SPECIAL PERMIT FOR THREE DWELLING UNITS SITUATED ON LOT 13, BLOCK 6, DEL MONTE ADDITION, SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, SUBJECT TO ALL OTHER CONDITIONS OF "A-1" DISTRICT; KEEPING IN EFFECT ALL OTHER PROVISIONS OF THE EXISTING ORDINANCE AS AMENDED; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND DECLAR- ING AN EMERGENCY. Minutes Special Council Meeting February 14, 1973 Page 8 • 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. 11317 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 CITY PLANNING COMMISSION BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON THE NORTH 1/2 OF LOT 12, 13 A AND 13B, BLOCK 12; LOTS 1, IA, 1B AND 2, BLOCK 5; AND LOTS 1, 1A, 1C, 1D, 2, THE SOUTH 1/2 OF LOT 3, 26A, AND THE WEST 50 FEET OF LOT 26, BLOCK 6, ALL IN MOLINA NO. 2, SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS FROM "B-1" NEIGHBORHOOD BUSINESS DISTRICT TO ''R -1B" ONE -FAMILY DWELLING DISTRICT; KEEPING IN EFFECT ALL OTHER PROVISIONS OF THE EXISTING ORDINANCE AS AMENDED; REPEALING ALL ORDINANCES 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, Branch, Gonzales, Lozano and Stark, present and voting "Aye". ORDINANCE NO. 11318 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 CORPUS CHRISTI TITLE COMPANY BY AMEND- ING THE ZONING MAP BY CHANGING THE ZONING ON TRACT 1 FROM "R -1B" ONE FAMILY DWELLING DISTRICT TO "B-4" GENERAL BUSINESS DISTRICT; CHANG- ING THE ZONING ON TRACT 2 FROM "R -1B" ONE FAMILY DWELLING DISTRICT TO "A-1" APARTMENT HOUSE DISTRICT; AND CHANGING THE ZONING ON TRACT 3 FROM "R -1B" ONE FAMILY DWELLING DISTRICT TO "R-2" TWO FAMILY DWELLING DISTRICT, SAID TRACTS OR PARCELS BEING A PORTION OF CARL SHELTON'S 92.69 -ACRE TRACT, SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS; KEEPING IN EFFECT ALL OTHER PROVISIONS OF THE EXISTING ORDINANCE AS AMENDED; REPEALING ALL ORDINANCES IN CON- FLICT HEREWITH; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Bonniwell, Branch, Gonzales and Lozano, present and voting "Aye"; Sizemore, Bosquez, and Stark, present and voting "Nay". Minutes Special Council Meeting February 14, 1973 Page 9 ORDINANCE NO, 11319 • AMENDING THE ZONING ORDINANCE OF THE CITY QF 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, BY AMENDING ARTICLE 7A "T-1" TRAVEL TRAILER PARK, MOBILE HOME PARK, AND MOBILE HOME SUBDIVISION DISTRICT, SECTION 7A-2 USE REGULATIONS, SUBSECTION 7A-2.01 TRAVEL TRAILER PARKS, PARAGRAPH (a), SO AS TO PROVIDE THAT TRAVEL TRAILER PARKS MAY CONSIST OF LESS THAN THREE (3) ACRES IF OPER- ATED IN CONJUNCTION WITH AND CONTIGUOUS TO A MOTEL OPERATION; AMENDING ARTICLE 9 "A-2" APARTMENT HOUSE DISTRICT REGULATIONS, SECTION 9-2 USE REGULATIONS, SUBSECTION (8) SO AS TO PERMIT NURSING HOMES AND HOMES FOR THE AGED IN APARTMENT HOUSE DISTRICTS; KEEPING IN EFFECT ALL OTHER PROVISIONS OF THE EXISTING ORDINANCE AS AMENDED; REPEALING ALL ORDINANCES 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, Branch, Gonzales, Lozano and Stark, present and voting "Aye". There being no further business to come before the Council, the Special Council meeting was adjourned at 5:50 p.m., Wednesday, February 14, 1973.