HomeMy WebLinkAboutMinutes City Council - 06/28/1973 - Special• •
MINUTES
CITY OF CORPUS CHRISTI, TEXAS
SPECIAL COUNCIL MEETING
June 28, 1973
7:00 P. M.
PRESENT:
Mayor Jason Luby
Mayor Pro Tem James T. Acuff
Commissioners:
Rev. Harold T. Branch
Ricardo Gonzalez
Thomas V. Gonzales
Gabe Lozano, Sr.
J. Howard Stark
Assistant City Manager Archie Walker
City Attorney James R. Riggs
City Secretary T. Ray Kring
Mayor Luby 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 eleven zoning cases and any other business as may properly come before
the Council.
City Secretary T. Ray Kring called the roll of those in attendance.
Assistant City Manager Archie Walker explained the procedure to be followed.
Mayor Luby presented Application #572-8, Jesus Garcia, for change of zoning
from "A-2" Apartment House District to "B-1" Neighborhood Business District on all of
Lots 7 & 8, Block K, Monte Vista Addition, located on the east side of 19th Street
between Mussett and Caldwell Streets. The request was heard by the Planning Commis-
sion May 23, 1973, and forwarded to the Council with the recommendation that it be
denied but in lieu thereof a special permit be granted for a washateria use according
to the site plan approved by the Commission March 20, 1973.
No one appeared in opposition to the recommendation of the Planning Commis-
sion.
Motion by Lozano, seconded by Acuff and passed, that the hearing be closed.
Motion by Tom Gonzales, seconded by Ricardo Gonzalez, and passed that the
recommendation of the Planning Commission be concurred in and that Application #572-8,
Jesus Garcia, for change of zoning from "A-2" Apartment House District to "B-1"
Neighborhood Business District on all of Lots 7 & 8, Block K, Monte Vista Addition,
be denied, but in lieu thereof a special .permit be granted for washateria use
according to the site plan approved by the Commission March 20, 1973, and that an
ordinance be brought forward effectuating the special permit.
Mayor Luby presented Application #C373-7, City Planning Commission, for
change of zoning from "A-1"Apartment House District to "R -1B" One -family Dwelling
District on Tract A, being a 8.54 acre portion of the northwest section of Lot 6,
Section 47, Flour Bluff & Encinal Farm & Garden Tracts; Tract B, being a 0.77 acre
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Minutes
Special Council Meeting
June 28, 1973
Page 2
portion of Lot 6, Section 47, Flour Bluff
west of Military Drive adjacent to and on
heard by the Planning Commission March 20
& Encinal Farm & Garden Tracts, located
the Naval Air Station. The request was
, 1973 and forwarded to the Council with the
recommendation that it be approved on the basis that 95% of the subject property is
owned by the Naval Air Station which is also zoned "R -1B" and the remainder (Tract B)
would not be suitable for apartments.
Assistant City Manager Walker explained that this request was initiated
because it was felt that "A-1" zoning was out of character for these two tracts as
they are adjacent to single-family dwellings; that approximately 85% of the area is
located on the Naval Air Station which was acquired by the Navy after this area was
rezoned at the request of the prior owner.
No one appeared in opposition to the recommendation of the Planning Commis-
sion.
Motion by Acuff, seconded by Stark and passed, that the hearing be closed.
Motion by Lozano, seconded by Ricardo Gonzalez and passed, that the recom-
mencation of the Planning Commission be concurred in and that Application #C373-7,
City Planning Commission, for change of zoning from "A-1" Apartment House District
to "R -1B" One -family Dwelling District on Tract A, being a 8.54 acre portion of the
northwest section of Lot 6, Section 47, Flour Bluff & Encinal Farm & Garden Tracts;
Tract B, being a 0.77 acre portion of Lot 6, Section 47, Flour Bluff & Encinal Farm
& Garden Tracts, located west of Military Drive adjacent to and on the Naval Air
Station, be approved,and that an ordinance be brought forward effectuating the
change.
Mayor Luby presented Application #C373-9, City Planning Commission, for
change of zoning from "R -1B" One -family Dwelling District to "T-1" Travel Trailer
Park,Mobile Home Park, Mobile Home Subdivision, Tract 3, Flour Bluff Gardens Annex,
located along the north side of Don Patricio Road at its intersection with Sandy
Way. The request was heard by the Planning Commission March 20, 1973, and forwarded
to the Council with the recommendation that it be denied on the basis that this is
an isolated request in an undeveloped area and it would encourage other mobile home
developments in this area.
No one appeared in opposition to the recommendation of the Planning
Commission.
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Minutes
Special Council Meeting
June 28, 1973
Page 3
Motion by Lozano, seconded by Acuff and passed, that the hearing be closed.
Motion by Stark, seconded by Acuff and passed, that the recommendation of
the Planning Commission be concurred in and that Application #C373-9, City Planning
Commission, for change of zoning from "R -1B" One -family Dwelling District to "T-1"
Travel Trailer Park, Mobile Home Park, Mobile Home Subdivision, on Tract 3, Flour
Bluff Gardens Annex, be denied on the basis that this is an isolated request in an
undeveloped area and it would encourage other mobile home developments in this area.
Mayor Luby presented Application #C373-10, City Planning Commission, for
change of zoning from "R -1B" One -family Dwelling District to "T-1" Travel Trailer
Park, Mobile Home Park, Mobile Home Subdivision, on the south 1/2 of Lot 6, Block
40, Flour Bluff & Encinal Farm & Garden Tracts, located on the northwest corner of
Flour Bluff Drive and Purdue Road. The request was heard by the Planning Commission
March 20, 1973, and forwarded to the Council with the recommendation that it be
approved as a logical transition between the single-family zoning to the south and
industrial zoning to the north.
No one appeared in opposition to the recommendation of the Planning
Commission.
Motion by Stark, seconded by Lozano and passed, that the hearing be
closed.
Mayor Pro Tem Acuff pointed out that this is a case where the owner wanted
a travel trailer park and was an area studied by the zoning consultant Simon Eisner.
He stated he felt the travel trailer park would be good zoning but had reservations
about another mobile home subdivision. He stated he felt perhaps this should be
tabled until the "T-1" classification is revised to be better defined. He stated'
he believed Flour Bluff area would not object to the travel trailer park but would
object to a mobile home subdivision or mobile home rpark..
Motion by Acuff, seconded by Ricardo Gonzalez and passed, that Application
#C373-10, for change of zoning from "R -1B" One -family Dwelling District to "T-1"
Travel Trailer Park, Mobile Home Park, Mobile Home Subdivision, on the south
1/2 of Lot 6, Block 40, Flour Bluff & Encinal Farm & Garden Tracts, be denied, but
in lieu thereof, a Special Permit be granted for a travel trailer park, subject to
an approved site plan, and that an ordinance be brought forward effectuating the
special permit.
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Minutes
Special Council Meeting
June 28, 1973
Page 4
Mayor Luby presented Application #C373-11, City Planning Commission, for
change of zoning from "F -R" Farm Rural District to "T-1" Travel Trailer Park, Mobile
Home Park, Mobile Home Subdivision on Tract A; and from "R -1B" One -family Dwelling
District to "A-1" Apartment House District on Tract B; Tract A being 6.5 acres of
Lot 2R, Flour Bluff Gardens No. 2' Tract B; Lots 1 through 6, 9 thru 13, 16, 17, 36,
37, 40 thru 44, and 47 thru 52, Block A, Don Patricio Subdivision; Tract A located
along the north side of Don Patricio Road and east of Waldron Road; Tract B located
south of Don Patricio Road on the west side of Waldron Road. The request was heard
by the Planning Commission March 20, 1973 and forwarded to the Council with the recom-
mendation that it be approved as a recognition of the use already in existence and a
logical extension of apartment zoning along this portion of Waldron Road.
Senior City Planner Larry Wenger explained that this is a two -fold appli-
cation; Tract A is presently zoned "F -R" Farm -Rural but is developed with a mobile
home park under a special use and this request is in order that the zoning will
conform with the use. He stated that Tract B contains some three acres along Waldron
Road and will complete the apartment zoning pattern along the street. He stated
some of the apartments were there before the area was annexed, and that the 20 per-
cent rule is in effect; that the opposition was on Tract B, and the owners of the
property were the ones who objected to the rezoning. It was pointed out that single
family buildings could be built on the land.
No one appeared in opposition to the recommendation of the Planning
Commission.
Motion by Acuff, seconded by Stark and passed, that the hearing be
closed.
Motion by Stark, seconded by Acuff and passed, that the recommendation
of the Planning Commission be concurred in granting the change of zoning from "F -R"
Farm Rural District to "T-1" Travel Trailer Park, Mobile Home Park, Mobile Home
Subdivision on Tract A, being 6.5 acres of Lot 2R, Flour Bluff Gardens No. 2, and
that an ordinance be brought forward effectuating the change; that the request for
change of zoning from "F -R" Farm Rural District to "T-1" Travel Trailer Park,
Mobile Home Park, Mobile Home Subdivision on Tract B, being Lots 1 thru 6, 9 thru 13,
16, 17, 36, 37, 40 thru 44, and 47 thru 52, Block A, Don Patricio Subdivision, be
denied.
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Minutes
Special Council Meeting
June 28, 1973
Page 5
It was pointed out that there is a sewage problem in this area and when
this is resolved the requested zoning change on Tract B would be logical.
Mayor Luby presented Application #473-2, Kemp Adams, for change of zoning
from "A-1" Apartment House District to "B-4" General Business District on 9.638 acres
out of Block 9, Lot 3, partition of the J. C. Russell Farm Blocks, located east of
Navigation Boulevard, approximately 1838' north of Bear Lane. The request was heard
by the Planning Commission April 3, 1973, and forwarded to the Council with the recom-
mendation that it be approved as requested.
Mr. Ed Prichard, attorney representing the applicant, explained that this
tract is a portion of some 500 acres that were downzoned at the request of the property
owners some time ago, but pointed out that a small area of "I-2" still remains at the
northwest intersection of Navigation Boulevard; also explained that there is at this
time a HUD Project for approximately 100 apartment units on property to the east, and
with the number of dwelling units already constructed as well as those proposed, it
is felt the proposed bowling alley facility with related uses is a definite need for
recreational uses. He explained that it is not economically feasible to go too far
with the plans for a development of this nature without first knowing how it will
be zoned. He described on a map the location of the bowling alley, pointing out the
easy access because of major traffic arteries. He stated that this property is
undesirable for uses other than commercial.
Mr. Prichard was questioned by the Council as to the intended use of the
remainder of the land, pointing out that many uses were included in the "B-4" and
that some of these uses are undesirable, such as sale and consumption of alcoholic
beverages and lounges. Mayor Pro Tem Acuff stated the "B-4" zoning would open the
entire tract to many types of businesses besides the bowling alley.
Commissioner Branch stated he was concerned about the owner having the
right to establish lounges with on premise consumption of alcohol.
Mr. Prichard explained that the bowling alley will require a lot of parking
but conceded that it would not use the whole area. He pointed out that no one had
appeared at the Commission hearing in opposition to the "B-4" zoning and did not
understand why the Council should be concerned. He stated there is no way to anti-
cipate the different types of renters that will make up the development, and to
interest large institutions they have to be able to say the area is zoned for all
kinds of business.
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Special Council Meeting
June 28, 1973
Page 6
Mr. Prichard was questioned whether or not he would be willing to deed
restrict against on premise consumption of alcoholic beverages. Mr. Prichard stated
his client would agree to deed restrict the land against obnoxious uses.
No one appeared in opposition to the recommendation of the Planning Commis-
sion.
Motion by Lozano, seconded by Acuff and passed, that the hearing be closed.
Motion by Stark, seconded by Ricardo Gonzalez and passed, that the recommenda-
tion of the Planning Commission be concurred in and Application #437-2, Kemp Adams, for
change of zoning from "A-1" Apartment House District to "B-4" General Business District,
be granted, with the understanding that the applicant file deed restrictions prohibit-
ing the on premise consumption of alcoholic beverages except where the majority of
business is other than serving alcoholic beverages, and that an ordinance be brought
forward effectuating the change.
Mayor Luby presented Application #473-3, John Huston, for change of zoning
from "R -1B" One -family Dwelling District to "B-4" General Business District on a
portion of Tract 1, Weil Lands, and all of Lots 12, 13, 14 & 15, Block 3, Lantana
Subdivision, located on the southwest corner of Lantana Street and I.H. 37. The
request was heard by the Planning Commission April 3, 1973, and forwarded to the Council
with the recommendation that it be approved as a logical transitional zoning for this
area.
Mr. W. H. Stahl, 4901 Kostoryz, stated he was opposed to the requested
change of zoning because he had had unsatisfactory personal dealings with the appli-
cant in the past.
There was no other opposition to the recommendation of the Planning Commis-
sion.
Motion by Stark, seconded by Branch and passed, Acuff abstaining, that
the hearing be closed.
Motion by Lozano, seconded by Stark and passed, Acuff abstaining, that
the recommendation of the Planning Commission be concurred in and Application #473-3,
John Huston, for change of zoning from "R -1B" One -family Dwelling District to "B-4"
General Business District on a portion of Tract 1, Weil Lands, and all of Lots 12,
13, 14 and 15,,Block 3, Lantana Subdivision, be approved as requested, and that an
ordinance be brought forward effectuating the change.
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Special Council Meeting
June 28, 1973
Page 7
Mayor Luby presented Application #473-4, E. F. Harbin, for change of zoning
from "A-2" Apartment House District to "AB" Professional Office District on Lots 25
and 26, Block 1003, Fitchue Place, located on the west side of the 1600 Block of Tenth
Street between McKenzie and Ayers Streets. The request was heard by the Planning
Commission April 3, 1973, and forwarded to the Council with the recommendation that
it be approved because, in view of the many uses in this area, there should be some
sort of change and this would not be an adverse use in the area.
No one appeared in opposition to the recommendation of the Planning Commis -
Sion.
Motion by Lozano, seconded by Stark and passed, that the hearing be closed.
Motion by Ricardo Gonzalez, seconded by Acuff and passed, thatthe recommenda-
tion of the Planning Commission be concurred in and Application #473-4, E. F. Harbin,
for change of zoning from "A-2" Apartment House District to "AB" Professional Office
District on Lots 25 & 26, Block 1003, Fitchue Place, be approved as requested, and an
ordinance be brought forward effectuating the change.
Mayor Luby presented Application #473-5, Texas Methodist Foundation, for
change of zoning from "R -1B" One -family Dwelling District to "R-2" Two-family Dwelling
District on approximately 45 acres out of Lot 6, Block 7, Bohemian Colony Lands,
located east of Greenwood Drive and north of Saratoga Boulevard. The request was
heard by the Planning Commission April 3, 1973, and forwarded to the Council with
the recommendation that it be approved as a logical use of the land.
Attorney Ted Anderson, spoke on behalf of the applicant, explained that
this property was included in a previous request in October 1972 at which time the
adjacent "A -L" to the northwest and "I-2" to the southeast were approved, but this
portion of the request was withdrawn to give the developer an opportunity to resolve
the possibility of combining the school and park areas. He stated they have had
talk:: with the park and school officials to explore various possibilities, but were
unable to resolve the questions since the school officials did not wish to merge
the park and school sites. Mr. Anderson described the layout of the condominium
development, pointing out that planning must be done years in advance to actual
construction because of financing. He explained that the development as planned
dictates 9-1/2:ho 10 units per acre, pointing out that there would be a minimum of
exterior maintenance which is necessary in a low cost development. He stated the
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Special Council Meeting
June 28, 1973
Page 8
complex would be developed with the maximum of open space and green areas and consoli-
dation of parking, traffic, utilities, and that the park could be city -owned or incor-
porated into the green areas of the development. He further stated that they had been
advised by the Navy that they will close Cabaniss Field within two years. Commissioner
Acuff stated this information was in error and Cabaniss will not be closed down unless
the Base is converted into an all jet operation.
Mr. Wenger stated the Staff is concerned with the high density, and would
not recommend approval of the entire tract, but in lieu would recommend the plan pre-
viously submitted by Mr. Anderson for this area of the total development which had
various "R-2" zones spotted throughout the area which provided a mixture of uses and
dispersed the density. Also pointed out that the park area would not have to be placed
in the center of the development but could be on the outer perimeter whereby in the
future it could be integrated and enlarged by the City's future park plan for this
general area.
Mr. Anderson explained that the plan had been changed in an attempt to
cooperate with the City and because it did not have flexibility in traffic control.
Assistant City Manager Walker stated it would be the Staff's recommendation
that the request be tabled pending further review of the school property and considera-
tion of its joint use with the City. Mr. Anderson objected to any further delay,
stating he had already explored every aspect of the School District's involvement
with no results, and that they had been working on this case for three months.
No one appeared in opposition to the recommendation of the Planning Commis-
sion.
Motion by Lozano, seconded by Stark and passed, that the hearing be closed.
Motion by Lozano, seconded by Acuff and passed, that Application #473-5,
Texas Methodist Foundation, be tabled for two weeks, or Regular Meeting of July 11,
pending further review of the school property and its joint use with the City.
Mayor Luby presented Application i'173-8, Hygeia Dairy Company, for change
of zoning from "I--2" Light Industrial District to "I-3" Heavy Industrial District on
Lot 2, H. C. Holly Addition, located on the east side of the 5300 Block of Ayers Street.
The request was heard by the Planning Commission January 23, 1973, and forwarded to the
Council with the recommendation that the request for "I-3" Heavy Industrial District
be approved on a 180' depth from the rear property line for the 307.6' width of the
tract because of the applicant's attempt to abide with all City requirements.
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Minutes
Special Council Meeting
June 28,1973
Page 9
Commississioner Acuff stated he was very much in favor of granting this
request, pointing out that it is a butane operation and good for the ecology, and
that the City ordinance prohibits storage of this fuel unless located in "I-3" areas.
It was the Staff's recommendation that this request be approved on the 180' depth
along the side of the tract as amended.
No one appeared in opposition to the recommendation of the Planning Commis-
sion.
Motion by Ricardo Gonzalez, seconded by Tom Gonzales and passed, that
.the hearing be closed.
Motion by Branch, seconded by Ricardo Gonzalez and passed, that the recom-
mendation of the Planning Commission be concurred in and Application #173-8, Hygeia
Dairy Company, for change of zoning from "1-2" Light Industrial District to "I-3"
Heavy Industrial District on Lot 2, H. C. Holly Addition, be approved on a 180'
depth from the rear property line for the 307.6" width of the tract, and that an
ordinance be brought forward effectuating the change.
Assistant City Manager Walker reported that a request had been received
from Mr. Tim Clower, Trustee, to withdraw Application #373-5, for change of zoning on
two tracts of land located in Lot 5, Section 2, Bohemian Colony Lands.
There being no further business to come before the Council, motion by
Acuff, seconded by Lozano and passed, that the meeting be adjourned at 9:00 p.m.,
Thursday, June 28, 1973.
I, JASON LUBY, Mayor of the City of Corpus Christi, Texas, certify that the foregoing minutes,
same being for the period of June 6, W73, through June 27, 1973, inclusive, and having been
previously approved by Council action, are by me hereby approved.
ON LUBY, Ma
City of Corpus Christi, Texas