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
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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
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Special Council Meeting
August 15, 1973
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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.
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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.
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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.