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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 • 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. • 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. • • 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. • 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. Minutes 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. • Minutes 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 11111 .►, .� • Minutes 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. •. - = s 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