HomeMy WebLinkAboutMinutes City Council - 03/21/1973 - SpecialMINUTES
CITY OF CORPUS CHRISTI, TEXAS
SPECIAL COUNCIL MEETING
March 21, 1973
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
J. Howard Stark
Assistant City Manager Archie Walker
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 five
zoning applications and various amendments to the Text of the zoning ordinance and any other
business as may properly come before the Council.
Mayor Sizemore presented Application #273-2, C. S. Timlin and Tim Clower, for
change of zoning from "A-1" Apartment House District to "R-2" Two-family Dwelling District
on Tract A; to "B-1" Neighborhood Business District on Tract B; to "AB" Professional Office
District on Tract C; all three tracts being a portion of Lot 1, Block 1, Stonegate North Unit 1,
bounded by Curtis Clark Drive, Stonegate Way, Bonner Drive and Everhart Road.
Senior City Planner Larry Wenger pointed out the location on the map and des-
cribed the zoning classifications in the surrounding territory. The request was heard by the
Planning Commission on February 20, 1973, and forwarded to the Council with the recommen-
dation that it be approved as a logical extension of the "B-1" in this area and the 'R-2 and
"AB" zones will provide a good buffer to the adjacent residential areas. He stated it was the
Staff opinion that this proposal is more or less a transitional type zoning with the exception
of the "AB" on Tract C which is directly across Bonner Drive from two vacant lots in Stonegate
South, and the Staff recommends approval of the "B-1" on Tract C and "R-2" on Tract A,
but recommends "R-2" on Tract B in lieu of the requested "AB".
Mr. W. H. Stahl, 4901 Kostoryz, spoke in opposition to the foregoing application.
Mr. Tom McDowell, attorney, who has represented property owners of Stonegate
North Unit 1, who have previously opposed apartment zoning in this area, stated they are
now on record in favor of the subject request and the 54 lot owners in this subdivision support
the recommendation of the Planning Commission. Mr. McDowell explained that the property
owners feel that this zoning change, along with the restrictions, meet their primary objec-
tions. He asked that the Council take this into consideration notwithstanding the
• •
Minutes
Special Council Meeting
March 21, 1973
Page 2
recommendation of the Staff, and grant the request.
No one appeared in opposition to the foregoing application.
Motion by Gonzales, seconded by Branch and passed, that the hearing be closed.
Motion by Stark, seconded by Gonzales and passed, with Bonniwell disqualified,
that the recommendation of the Planning Commission be concurred in and that Application
#273-2, C. S. Timlin & Tim Clower, for change of zoning from "A-1" Apartment House Dis-
trict to "R-2" Two-family dwelling District on Tract A, to "B-1" Neighborhood Business
District on Tract B; to "AB" Professional Office District on Tract C; all three tracts being a
portion of Lot 1, Block 1, Stonegate North Unit 1, bounded by Curtis Clark Drive, Stonegate
Way, Bonner Drive and Everhart Road, be approved, and that an ordinance be brought for-
ward effectuating the change.
Mayor Sizemore presented Application #273-8, Two Way Land Co., for change of
zoning from "F -R" Farm -Rural District to "B-4" General Business District on Tracts A and B;
and to "T-1" Travel Trailer Park, Mobile Home Park, Mobile Home Subdivision on Tract C,
being Lot 1, W. O. Womack Farm Lots and a portion of Lot 7, William Robertson Farm
Tracts, located along the north right-of-way line of Saratoga Boulevard and the east right-
of-way line of Old Brownsville Road. The request was heard by the Planning Commission
on February 20, 1973, and forwarded to the Council with the recommendation that it be
denied on the basis of the lack of adequate utility services being available and also that it
would be a premature development and approval of a mobile home subdivision could be
detrimental to the future expansion of the City into this area.
Mr. Wenger pointed out the location of the area on the map and described the
zoning uses in the surrounding territory. He stated the recommendation of the Staff was
denial on the basis that this is a premature development, the nearest development to this
tract being over two miles away and this proposed development would place an undue
burden on services such as refuse collection, police protection, plus other facilities
which would increase the cost to service this particular area.
Mr. Faires P. Wade, attorney, spoke on behalf of the applicants and also as
one-third owner of the tract. He explained that the contract for purchase of the land by
•
Minutes
Special Council Meeting
March 21, 1973
Page 3
himself and Dr. and Mrs. Jack McKemie was conditioned on satisfactory zoning for a trailer
park; that this was approved in 1969 by Special Permit conditioned on platting but that Celia
had blown away their plans; that they were then in the process of qualifying for FHA and
considered going back to business zoning to meet FHA qualifications. Mr. Wade stated he had
not been aware that that permit had been cancelled and thought they had trailer park zoning
at the time. He stated they feel this requested development is very appropriate for this area
since they are away from residential neighborhoods other than the few on Saratoga Boulevard,
and that there were no objections from these residents in 1969 when the original permit was
granted. Relative to the lack of utilities, Mr. Wade stated that there is a major water line in
the immediate area, that the Greenwood Sewer Plant is approximately one mile away, and
that they have had bids on a force line. He stated they realise they have a problem in this
regard but pointed out that if mobile home development followed established sewer and water
lines, there would also be residential development and that is what they are trying to avoid.
In reply to Mayor Sizemore's objection to presenting new information, Mr. Wade stated he had
to be out of town when the Commission meeting was held and that he had supposed the Staff
would give the history of the case.
Mr. Eddie Savoy of Two Way Land Company spoke in support of the request and
described the sewer problems that existed when the special permit was granted in 1969, and
their efforts to resolve these problems with the Engineering Staff since that time. He stated
the water problem has been resolved verified by the Water Superintendent that the City will
participate in the water line at a cost of ten dollars per lot. He stated they feel they have
done everything that can be done, but that the sewer problem cannot be resolved until they
get the requested zoning. He emphasized that mobile home development is more desirable
away from residential development, that sewer and water problems are normal problems,
and the Council should base their decision on whether this is logical development for this
area. He also emphasized that it was considered good zoning in 1969, that the Staff recom-
mended it at that time, and nothing has changed except the Commission.
Dr, Jack McKemie and Mrs. Isolina R. Sharp were present on behalf of the
request.
No one appeared in opposition to the foregoing application.
Minutes
Special Council Meeting
March 21, 1973
Page 4
Motion by Bonniwell, seconded by Stark and passed, that the hearing be closed.
Motion by Bonniwell, seconded by Branch and passed, that Application #273-8,
Two Way Land Company be tabled for one week.
Mayor Sizemore presented Application #273-9, Sidney Bishop, Jr., for change of
zoning from "R -1B" One -family Dwelling District to "B-4" General Business District on Lot 32,
H. B. Sheppard Farm Lots, located on the northeast corner of Leopard Street and Tuloso Road.
The request was heard by the Planning Commission February 20, 1973, and forwarded to the
Council with the recommendation that it be approved.
Larry Wenger described the zoning uses in the area and stated it was the opinion of
the Staff that because this property is closely related to the school complex to the northwest,
that all of the tract should not be zoned "B-4", that possibly a smaller area of "B-4" would be
compatible in this area, but that it would be rather drastic to zone the entire 8.9 acres and
therefore the Staff recommends denial.
No one appeared in opposition to the foregoing request.
Because of the close proximity to area schools, Mayor Sizemore raised the question
of required distance from schools for on -premise consumption of alcoholic beverages, and
Mr. Walker stated that under both the old and proposed ordinance consumption of on -
premise alcohol would be in violation. Mayor Sizemore suggested that it be deed restricted,
and Mr. Wenger stated deed restrictions should also be filed against access to Tuloso Road.
No one appeared in opposition to the foregoing request.
Motion by Bonniwell, seconded by Branch and passed, that the hearing be closed.
Motion by Gonzales, seconded by Bonniwell and passed, that application #273-9,
Sidney Bishop, Jr., be tabled for one week to determine if the applicant is willing to deed
restrict the property against the uses mentioned.
Mayor Sizemore presented Application #273-10, Buford Nicholson, for change
of zoning from "A-1" Apartment House District to "B-4" General Business District on a
portion of Lot 1, Section 5, Bohemian Colony Lands, located along the west right-of-way
line of Greenwood Drive between Trojan and South Padre Island Drives. The request was
heard by the Planning Commission on February 20, 1973 and forwarded to the Council
with the recommendation that it be denied on the basis that it has been the attitude of
•
Minutes
Special Council Meeting
March 21, 1973
Page 5
the Commission to grant business zoning on corners of a major intersection, but to grant a
continuous strip along a street would break up the continuity of the neighborhood concept.
Larry Wenger stated the Planning Staff concurs with the recommendation of the
Commission on the basis it would open the door to the same type of strip zoning that has and
is happening along Everhart Road which, in the Staff's opinion, is bad planning. He stated
he was not aware of any plans the applicant has, and pointed out that the adjoining tract of
land is owned by the Corpus Christi School District and business development would be too
close to a potential school. Also stated there should be transitional zoning between the
residential and school uses.
Mr. Ed Prichard, attorney representing the applicant, stated there had been some
confusion at the hearing as to the location of the proposed business. He explained that he
has a contract contingent on zoning for a Dairy Queen establishment which requires a
certain type of sign and that this will require "B-4" zoning, but that the remainder of the
area would be developed with similar type uses to serve the schools and residential areas
including the Cliff Maus Village apartments. He stated that the property along Greenwood
Drive has recently been assessed as business; pointed out that Greenwood Drive is a feeder
street from Padre Island Drive and that residences are not likely to be built facing this
feeder street; that a facility of this type is needed in this area, and no one had appeared
in opposition at the Commission hearing. He also stated the Commission's recommendation
seemed inconsistent with their action relative to the rezoning of the Stonegate North
Unit 1 which the Council granted today.
Mayor Sizemore suggested that the applicant check the records relative to the
paving assessments of property along Greenwood Drive, stating that it was his understand-
ing that at the assessment hearing, property owners were given the opportunity to deed
restrict their property for 20 years if they did not want to be assessed for business zoning.
Mr. Benny Martinez, real estate agent, 426 South Tancahua, spoke in support
of the request, stating that with a view of the overall layout of the City, this develop-
ment is consistent with good planning.
Mrs. Odelia Rodriguez presented a petition containing approximately 210
•
Minutes
Special Council Meeting
March 21, 1973
Page 6
signatures of residents of Washington, LaPasqua #2, San Simeon, Hacienda Estates Unit 1,
Greenwood Park 1, Gollihar Park 2, and Two Fountains Subdivision, urging approval of the
requested zoning.
Mayor Pro Tem Bonniwell called to the Council's attention that a moratorium had
been declared on the granting of "B-4" zoning changes on the basis of signs. Larry Wenger
stated that Dairy Queen signs can be built in "B-1". Mr. -Prichcsrd stated he understood this
type of sign could not be built in "B-1", but if that is true then they are satisfied with "B-1".
He stated they would agree to deed restrict the property against on -premise consumption of
alcohol.
No one appeared in opposition to the recommendation of the Planning Commission.
Motion by Stark, seconded by Bonniwell and passed, that the hearing be closed.
Motion by Branch, seconded by Bonniwell, with Stark, Bosquez and Sizemore,
voting "Nay", that the foregoing application be tabled for further consideration of the size of
the sign. The motion failed for lack of sufficient affirmative votes.
Motion by Gonzales, seconded by Stark and passed, that Application #273-10,
Buford Nicholson, for change of zoning from "A-1" Apartment House District to "B-4" Gen-
eral Business District on a portion of Lot 1, Section 5, Bohemian Colony Lands, be denied,
but in lieu thereof "B-1" be granted on the condition that the applicant agree to deed restrict
* unless at least 1/3 of gross income is from sale of food in an establishment situated thereon,
against on -premise consumption of alcohol,/and that an ordinance be brought forward effec-
tuating the change. (*Correction by motion of Council March 28, 1973)
Mayor Sizemore presented Application #273-12, 1. E. Crane, for change of
zoning from "R -1B" One -family Dwelling District to "A-1" Apartment House District, on a
1.64 acre tract out of P. Hinojosa Survey #422, Abstract 850, Nueces County Deed
Records, located along the west right-of-way line of Rand Morgan Road, south of I.H.37
and north of Leopard Street. The request was heard by the Planning Commission February
20, 1973, and forwarded to the Council with the recommendation that it be approved as a
logical use of the property; will be an excellent opportunity to rejuvenate this area, and
will utilize some of the unused land within the area. The Planning Staff concurred in this
recommendation.
Mrs. W. W. Jones, 2763 Morrow, spoke in opposition to the request, stating
•
Minutes
Special Council Meeting
March 21, 1973
Page 7
that Mr. Crane had been the owner of this property since it was taken into the city limits and
had moved in old buildings from the Naval Air Station and was in violation of the deed restric-
tions. She stated it is not clear what he intends to do with the property if it is rezoned, but is
possible that he will add a second story to the existing building, and the area is too small and
density too great for apartment usage. She stated she is confused as to the Planning Commission's
reasoning that this is a logical use of the property; that they have said they did not want to break
the neighborhood concept but then decide they will do just that; that they say they want deed
restrictions and then ignore these restrictions. She stated she is opposed to the request on the
basis that the applicant has not made it clear what he intends to do with the property, and since
he is in violation of existing deed restrictions for single-family dwellings, requests that the
request not be granted.
City Attorney Riggs stated that assuming that the deed restrictions have been in
effect for 12 years with no contest, these restrictions have probably lapsed by acquiescence.
Mr. Wenger described the property lines as shown on the map, and stated the
existing houses would have to be removed before the requested zoning could be used, and that
the applicant is aware of this and also that the property would have to be replotted.
No one appeared in opposition to the recommendation of the Planning
Commission.
Motion by Bonniwell, seconded by Gonzales and passed, that Application
#273-12, I. E. Crone, be tabled for one week for an opinion from the Legal Department of
the use of the property.
Mayor Sizemore presented proposed amendments to the Text of the Zoning Ordi-
nance, on whicha public hearing was held by the Planning Commission February 20, 1973,
and forwarded to the Council with the recommendation that they be approved, as follows:
I. Amend Article 16 "B-4" General Business District Regulations as follows:
1. Amend Section 16-2 Use Regulations, Subsection (4) by inserting
after the word "boat", the words, "automobile, recreation vehicle,
and mobile home."
2. Amend Section 16-5 Height and Area Regulations, by adding a new
subsection to be numbered 16-5.03 which shall read as follows:
• •
Minutes
Special Council Meeting
March 21, 1973
Page 8
16-5.03 Any boats, automobiles, recreational vehicles, or mobile
homes stored or displayed for sale shall not be permitted in the yard
areas required by Article 24.
11. Amend Article 17 "B-5" Primary Business District Regulations, Section 17-2
Use Regulations, Subsection (8); Article 20 "1-2" Light Industrial District
Regulations, Section 20-2 Use Regulations, Subsection (2); and Article 21
"1-3" Heavy Industrial District Regulations, Section 21-2 Use Regulations,
Subsection (3) by the following sentence to each subsection in each of the
three districts:
"Signs in this district are further regulated by Ordinance No. 11274,
Highway Beautification Ordinance, implementing the Texas Highway
Beautification Act (Art. 667v-1, Sec. 1-15 V.A.C.S.) which ordi-
nance by this reference is hereby adopted as the outdoor sign regulations
for this zoning district and by this reference is incorporated herein as
though set forth in its entirety."
III. Amend Article 20 "1-2" Light Industrial District Regulations, Section 20-2
Use Regulations by renumbering Subsection (3) to (4) and adding a new
Subsection (3) which shall read as follows:
(3) Dwellings or mobile homes for resident watchmen and caretakers
employed on the premises.
IV. Amend Article 21 "1-3" Heavy Industrial District Regulations, Section 21-2
Use Regulations, Subsection (2) by inserting after the word "Dwellings" the
words "or mobile homes".
V. Amend Article 22 Parking Regulations, Column 3, under the use category
"Furniture or appliance store, machinery, equipment, and automobile and
boat sales and service", by changing the parking ratio from the existing
300 square feet to 400.
VI. Amend Article 33 Permits, Plats, and Filing Fees, Section 33-2 Plats, by
changing the wording "Engineering Services" in the third, twentieth and
twenty-first lines to "Public Works."
No one appeared in opposition to the recommendation of the Planning Commission.
Motion by Gonzales, seconded by Stark and passed that the hearing be closed.
Motion by Stark, seconded by Branch and passed, that the foregoing Text Amend-
ments to the Zoning Ordinance be approved as submitted.
There being no further business to come before the Council, the special meeting
was adjourned at 6:30 p.m. March 21, 1973.
THE STATE OF TEXAS
COUNTY OF NUECES
NOTICE OF SPECIAL MEETING
CITY OF CORPUS CHRISTI X
TO THE MEMBERS OF THE CITY COUNCIL, THE CITY MANAGER, THE CITY
SECRETARY AND THE CITY ATTORNEY TO THE CITY OF CORPUS CHRISTI, TEXAS:
NOTICE is hereby given that a special meeting of the City Council
of the City of Corpus Christi, Texas, will be held in the City of Corpus Christi,
Texas, in the Council Chamber of the City Hall, at 11:00 o'clock, A.M., on
the 21st day of March
, 1973 for the purpose of receiving
proposals for the sale of $6,000,000 of General Improvement Bonds, and for the
transaction of any other business as may properly come before the Council.
DATED this the 21st day o
, 19 73
RONNIE SIZEMORE `•yo
City of Corpus hriexas
CONSENT TO MEETING
We, the undersigned members of the City Council, the City Manager,
the City Secretary and the City Attorney to the City of Corpus Christi, Texas,
hereby accept service of the foregoing notice, waiving any and all irregularities
in such service and consent and agree that said meeting shall be at the
place rein named and for the purpose therein
ted.
time and
ROBERTO BOSQUEZ, M.D., Commissioner
REV. }MOLD T. BRANCH, commissioner
THOMAS
A. BONNIWELL, Mayor Pro Tem
R. RIGGS, City
Commissioner
,`HOOWA� Commissioner
R MARVIN TOWNSEND, City Mager
lfiYs
T.
RAY KRING, Cit Secret
ry