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HomeMy WebLinkAboutMinutes City Council - 08/15/1973 - Special (2)MINUTES CITY OF CORPUS CHRISTI, TEXAS SPECIAL COUNCIL MEETING August 15, 1973 4:00 P.M. PRESENT: Mayor Jason Luby Mayor Pro Tem James T. Acuff Commissioners: Rev. Harold T. Branch Thomas V. Gonzales Ricardo Gonzalez Gabe Lozano, Sr. City Manager R. Marvin Townsend City Attorney James R. Riggs City Secretary T. Ray Kring Mayor Jason Luby called the meeting to order in the Council Chamber of City Hall, stating the purpose of the special meeting was to hold public hearings on six zoning cases and any other business as may properly come before the Council. He asked that it be noted that a quorum of the Council was present. City Manager Townsend presented Application #673-7, Una Wilson, for change of zoning from "R -1B" One -family Dwelling District to "B-4" General Business District or Lot 1, Block 8, on the southwest corner of Baldwin Boulevard and David Street at Crosstown Freeway. The request was heard by the Planning Commission on June 26, 1973, and referred to the Council with the recommendation that it be approved as a logical extension of existing "B-1" zoning at this intersection. It was the Planning Staff's opinion that approval would be an intrusion into an established residential area neighborhood and recommended denial. The applicant, Mrs. Una Wilson, was present and indicated agreement with the recommendation of the Planning Commission. No one appeared in opposition to tha recommendation of the Planning Commis. sion. Motion by Acuff, seconded by Lozano and passed, that the hearing be closed. Motion by Lozano, seconded by Tom Gonzales and passed, Acuff voting "Nay", that the recommendation of the Planning Commission be concurred in and Application #673,.7, Una Wilson, for change of zoning from "R -1B" One -family Dwelling District, to "B-4" General Business District or Lot 1, Block 8, Broadmoor Park, be approved as requested and that an ordinance be brought forward effectuating the change. City Manager Townsend presented Application #673-8, W. E. Jameson, for change of zoning from "R -1B" One -family Dwelling District to "B-1" Neighborhood Business District on Tract A (Lots 1 and the north 1/2 of Lot 2) and from "R -1B" to "A-1" Apartment House District on Tract B (the south 1/2 of Lot 2 and all of Lots 3, 4 and 5) all in Block 1, Blue Water Addition, located on the south side of MICROFILMED SEP 0 41973 nutes pecial Council Meeting ugust 15, 1973 Page 2 Yorktown Boulevard between Laguna Shores Road and Marlin Drive. The request was heard by the Planning Commission on June 26, 1973, and forwarded to the Council with the recommendation that it be denied due to elevation problems and the lack of sewer facilities. The Staff's opinion was that there is a question of where to draw the line between business and residential zoning, pointing out that this is only 5 feet above sea level and also there are no sanitary sewers available, therefore, recommended denial. The applicant, Mr. W. E. Jameson, spoke in opposition to the recommendation of the Planning Commission and explained that since the request was heard by the Planning Commission he had changed his request from "A-1" Apartment District to "R-2" to permit the construction of duplexes. City Manager Townsend called the Council's attention to the policy of the previous Council that no new information is to be brought before the Council which the Planning Commission had not heard, and if new information is to be considered the previous policy was to refer the request back to the Planning Commission. It was pointed out that Mr. Jameson was asked at the Commission hearing if "R-2" would be satisfactory and he had stated he felt he would need the "A-1" zoning as requested. In support of the request, Mr. Jameson explained that there are septic tanks all over the area, but would be a simple matter to connect to the City sewer system. He stated there is gas, telephone and electricity but no sewer facilities. So far as the elevation, Mr. Jameson stated it is five feet plus, and he plans to build on stilts with parking underneath., He stated the Land was subdivided into ten lots, and Mr. Wenger verified that the lots are 100° x 125'. No one appeared in opposition to the foregoing request. Motion by Acuff, seconded by Lozano and passed, that the hearing be closed. Motion by Acuff, seconded by Ricardo Gonzalez and passed, that Application #673-8, W. E. Jameson, for change of zoning from "R -1B" One -family Dwelling District to "B-1" Neighborhood Business District on Tract A (Lots 1 and the north 1/2 of Lot 2) and from "R -1B" to "A-1" on Tract B (the south 1/2 of Lot 2 and all of Lots 3, 4 and 5) all in Block 1, Blue Water Addition, be denied and in lieu thereof "R-2" Two-family Dwelling District be granted and an ordinance he brought forward effectuating the change, City Manager Townsend presented Application #673-9, Parkdale State Bank, for Minutes Special Council Meeting August 15, 1973 Page 3 change of zoning from "B-1" Neighborhood Business District to "B-5" Primary Busi- ness District on an 0.18 acre tract out of Lot 17, Section 2, Flour Bluff and Encinal Farm and Garden Tracts, located on the southwest corner of South Staples Street and Everhart Road. The request was heard by the Planning Commission June 26, 1973, and forwarded to the Council with the recommendation that it be approved as a logical use of the land, and the Planning Staff concurred in this recommendation. No one appeared in opposition to the recommendation of the Planning Commission. Motion by Branch, seconded by Acuff and passed, that the hearing be closed. Motion by Acuff, seconded by Lozano and passed, that the recommendation of the Planning Commission be concurred in and Application #673-9, Parkdale State Bank, for change of zoning from "8-1" Neighborhood Business District to "B-5" Primary Business District on an 0.18 acre tract out of Lot 17, Section 2, Flour Bluff and Encinal Farm and Garden Tracts, be approved, and an ordinance be brought forward effectuating the change. City Manager Townsend presented Application #673-10, Oscar Garza, Jr., for change of zoning from "R -1B" One -family Dwelling District to "A-1" Apartment House District on the northwest 1/2 of the southwest 1/2 of Lot 25, Section 54, Flour Bluff & Encinal Farm & Garden Tracts, located on the north side of Glenoak Drive west of Debra Lane. The request was heard by the Planning Commission June 26, 1973, and forwarded to the Council with the recommendation that it be denied but in lieu thereof "R-2" Two-family Dwelling District be approved. The Staff's recommendation was that the request be denied on the basis it would be an intrusion into a resi- dential area and would also be considered spot zoning. Mr. Townsend stated that fifteen letters had been returned from property owners since the Commission hearing on opposition, including a petition containing 64 signatures. The opposition was generally on the basis that the majority of the property owners are opposed to the change; that the Planning Staff had recommended against it; and the change would further increase the density to the detriment of the entire area. Mr. Townsend stated written opposition expressed prior to the Commission hearing envoked the 20 percent rule. Mr. Benny Martinez, realtor representing the applicant, stated the recom- mended "R-2" would be acceptable to the applicant. Minutes Special Council Meeting August 15, 1973 Page 4 Mr. Wendell Keetch, 2638 Debra, spoke in opposition to the recommendation of the Planning Commission, on the basis that density would be increased, there is poor drainage in the area, and would be spot zoning as pointed out by Legal and Planning Staffs. Mr. Charles R. Rapp, 2637 Meadowood, spoke in opposition stating he felt the petition filed in opposition speaks for itself, and concurs with the statement of Mr. Keetch that it constitutes spot zoning. He questioned the legality of granting the zoning or even to consider the request if the Planning and Legal Staffs had determined it was spot zoning. He pointed out that the Staff is employed by the City and are supposed to be experts in zoning matters. Mr. Townsend explained that it had not been definitely determined that it was in fact spot zoning, that these were only opinions, and this is one of the issues before the Council. Mrs. Evelyn Hacker, 2630 Debra, stated she was opposed to anything but "R -1B" single-family Dwelling zoning in this area. Motion by Acuff, seconded by Ricardo Gonzalez and passed, that the public hearing on the foregoing Application #673-10, Oscar Garza, Jr., be recessed until next week to be acted upon by a full Council in deference to the 20 percent rule in this case. It was pointed out that improper notices had been mailed relative to the time and place of this hearing, and the Staff was directed to send notices to property owners within the notification radius of the recessed hearing next week. City Manager Townsend presented Application #1272-7, Crown Service Corpora- tion, for change of zoning from "R -1B" One -family Dwelling District to "B-1" Neigh- borhood Business District on Lot 134, Block 1, Mobile Estates Subdivision, located to the northwest of Benys Road and south of I.H. #37. The request was heard by the Planning Commission December 5, 1972, and forwarded to the Council with the recom- mencati.on that "B-1" be approved as a logical use of the property. The Staff's recommendation was that it be denied on the basis it would be spot zoning and an intrusion into a residential area, and also the residential street on which it is located does not extend through to I.H. #37. No one appeared in opposition to the recommendation of the Planning Commis - Sion. Minutes Special Council Meeting August 15, 1973 Page 5 Motion by Acuff, seconded by Tom Gonzales and passed, that the hearing be closed. • Motion by Acuff, seconded by Lozano and passed, that the recommendation of the Planning Commission be concurred in and Application #1272-7, Crown Service Corp- oration, for change of zoning from "R -1B" One -family Dwelling District to "B-1" Neigh- borhood Business District on Lot 134, Block 1, Mobile Estates Subdivision, be approved as requested and an ordinance be brought forward effectuating the change. City Manager Townsend presented Application #773-3, Antonio Carreno, M.D., for change of zoning from "A-2" Apartment House District to "AB" Professional office District on Lots 1 and 2, Block 6, Bayview Addition, located on the southwest corner of Ocean Drive and Craig Street. The request was heard by the Planning Commission July 10, 1973, and forwarded to the Council with the recommendation that it be denied due to traffic hazards that would be created, and the Staff concurred in this recommendation. Mr. Cuban Burbank, 1127 Ocean Drive, spoke in opposition to the request urging that the Council confirm the action of the Planning Commission and deny the request. He pointed out that there are no businesses in this immediate area with the exception of the insurance office located in the triangular area to the northeast which he feels should never have been granted and on which there was opposition from all prop- erty owners in the area. He stated there is already a severe traffic problem at Craig and Ocean Drive and Professional Office zoning on the subject property would only add to this hazard; that property owners in this block feel there is a great future for this frontage and should be properly guided and they feel condominium or highrise motel development would be more in line with their plans. Motion by Acuff, seconded by Tom Gonzales and passed, that the hearing be closed. Motion by Acuff, seconded by Tom Gonzales and passed, with Mayor Luby and Commissioner Lozano voting "Nay", that the recommendation of the Planning Commission be concurred in and Application #773-3, Antonio Carreno, M.D., for change of zoning from "A-2" Apartment House District to "AB" Professional Office District on Lots 1 and 2, Block 6, Bayview Addition, be denied. There being no further business to come before the Council, the meeting was adjourned at 6:00 p.m., August 15, 1973.