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HomeMy WebLinkAboutMinutes City Council - 09/11/1974 - Special"--19 MINUTES CITY OF CORPUS CHRISTI, TEXAS SPECIAL COUNCIL MEETING September 11, 1974 4:00 P.M. PRESENT: Mayor Jason Luby Mayor Pro Tem James T. Acuff Commissioners: Thomas V. Gonzales City Manager R. Marvin Townsend Gabe Lozano, Sr. City Attorney James Riggs J. Howard Stark Assistant City Attorney Bob Coffin City Secretary Bill G. Read Mayor Luby called the meeting to order in the Council Chamber of the City Hall, stating the purpose of the Special Meeting was to hold public hearings on zoning applications and any other business as may properly come before the Council. It was noted that a quorum was present to conduct a valid meeting. City Manager Townsend presented Application #774-9, Pasowicz Insurance Agency, for change of zoning from "AB" Professional Office District to "B-1" Neighborhood Business District, on Lot 18, Block 20, Windsor Park Unit 4, located on the northwest corner of South Staples Street. and Mustang Trail. The request was heard by the Planning Commission July 16, 1974, and forwarded to the Council with the recommendation that it be denied, but in lieu thereof a special permit be approved for the erection of the sign proposed by the applicant accord- ing to the site plan approved July 30, 1974. The Planning Staff's opinion was that zoning should not be granted merely to erect a larger sign or to establish a freestanding sign, and therefore recommended denial. Mr. Pasowicz, representative of the Insurance Agency, stated he was in agreement with the recommendation of the Planning Commission. No one appeared in opposition to the recommendation of the Planning Commission. Motion by Lozano, seconded by Tom Gonzales and passed, that the recommendation of the Planning Commission be concurred in and Application #774-9, Pasowicz Insurance Agency for change of zoning from "AB" Professional Office District to "B-1" Neighborhood Business District, on Lot 18, Block 20, Windsor Park Unit 4, located on the northwest corner of South Staples Street and Mustang Trail, be denied but in lieu thereof a special permit be approved for the erection of the sign proposed by the applicant according to the site plan approved by the Commission July 30, 1974, and an ordinance be brought forward effectuating the special permit. City Manager Townsend presented Application #774-12, Frank C. Flores, for change of zoning from "R -1B" One -family Dwelling District to "B-1" Neighborhood Business District on Lot 32, Block 1, Parklane Subdivision, located on the southwest corner of Mable Street and • Minutes Special Council Meeting September 11, 1974 Page 2 McArdle Road. The application was heard by the Planning Commission July 16, 1974 and forward- ed to the Council with the recommendation that it be approved. The Planning Staff was of the opinion that this request should be denied on the basis that it would be an intrusion into an established residential area and would have a detrimental effect on existing residential uses in the area. Mr. Townsend reported that since the Commission hearing, five letters had been received in opposition to the application generally on the basis that congestion of traffic would result, there is limited parking provisions, and intrusion into a residential area. He stated one letter had been received in favor stating that any kind of development would be an improvement. He stated that there was enough opposition of owners of adjacent property to envoke the 20 percent rule. Mr. Frank Flores, applicant, explained that he planned to construct a dental laboratory which he considered reasonable as an extension of the existing "B-1" zoning. He explained that the service will be by delivery and not more than three cars will be at the site at one time; that there will be Tess traffic generated than that of a household; will not be open Saturdays, Sundays and holidays, and no advertising and his driveway would be located on Mable Street. Mr. Flores stated that a special permit would not be acceptable because of loan problems. It was pointed out to Mr. Flores that various objectionable uses would be permitted under the "8-1" zoning and that perhaps a special permit would be more acceptable to the surroundings. Mr. Flores stated he would be willing to deed restrict the property, but he was also advised that if the financing agency turned down the special permit the deed restrictions would also be turned down. Mr. Gene Thornton, 4725 Alice, spoke in opposition to the request stating that this is a residential neighborhood and further intrusion of business would be out of character; that due to the size of the lot it would be difficult to provide adequate off-street parking; there is no demand for business zoning, since most of the vacant "B-1" zoned lots in an adjacent subdivision are still undeveloped. He further stated that McArdle Rood is heavily congested, that school crossing guards are necessary, and approval of the request would add to the hazardous condition for school children. Mr. James Key, 4902 Mable, spoke in opposition generally because of traffic and parking problems which would be generated. Motion by Lozano, seconded by Acuff and passed, that the hearing be closed. Motion by Stark, seconded by Acuff and passed, Commissioners Lozano and Tom Gonzales voting "Nay", that Application 0774-12, Frank C. Flores, for change of zoning from "R -1B" One- • Minutes Special Council Meeting September 11, 1974 Page 3 family Dwelling District to "B-1" Neighborhood Business District on Lot 32, Block 1, Parklane Subdivision, be denied. City Manager Townsend presented Application #774-14, David M. Coover, for change of zoning from "F -R" Farm -Rural District to "R -1B" One -family Dwelling District on Lots 9, 10, 12 and 13, Section 38, Flour Bluff and Encina) Farm and Garden Tracts, located west of Flour Bluff Drive and North of Yorktown Boulevard. The request was heard by the Planning Commission July 30, 1974, and forwarded to the Council with the recommendation that it be denied. The Planning Staff concurred in this request. Mr. Townsend reported that since the Commission hearing four letters had been received in opposition and three in favor. Mr. Townsend presented Application #774-15, David M. Coover, for change of zoning from "F -R" Farm Rural District to "R -1B" One -family Dwelling District on Lots 5, 6, 7, 8, 9, 10, 11 and 12, Section 39, Flour Bluff & Encina) Farm and Garden Tracts, located on the west side of Flour Bluff Drive between Emmord and Glenoak Roads. The request was heard by the Planning Commission July 30, 1974 and forwarded to the Council with the recommendation that it be denied. The Staff concurred in this recommendation. Mr. Townsend reported that since the Commission hearing, one letter had been received in opposition and three in favor. Mr. David M. Coover, attorney spoke on behalf of both the foregoing requests and explained that the ownership of land involved in Application #774-14 is owned by descendants of the Cech family,Application #774-15 is land owned by descendants of the Burton Dunn family, and that he is a trustee of the Frank Cech Estate and owner of a portion of the estate. He stated that at the time these properties were annexed into the City farm -rural zoning was requested but is no longer desirable since they wish to sell the land which has been appraised and placed on the market. Mr. Coover emphasized that his clients are not opposed to the Navy and its interests, but prospective buyers loose interest when faced with the possibility of not being able to secure residential zoning. He stated the land has no market value if it is to remain Form -Rural. He pointed out that everyone is aware of the noise and do not complain. He stated they have- no objections if the City wants to buy the land, but for it to remain Farm -Rural would create absolute dormancy of the land and in his opinion, inexcusable. He further stated that the recent publicity regarding the proposed down - zoning had adversely affected the sale of the property. Mr. Coover also stated he did not agree that this property should be zoned for light industry because there was no demand for this use in this area; also stated he did not see the logic in the proposed one -acre tracts since most people who • Minutes Special Council Meeting September 11, 1974 Page 4 are interested in one -family dwellings are not interested in large lots to maintain. Commander J. A. Witkowski, representing the U.S. Navy, stated that the application involved in #774-14, is in CNR Zone 2, and that rezoning to allow construction of housing is opposed pending the outcome of the noise study that is presently underway; that the land in question involved in Application #774-15, is situated in the accident potential area at the end of two active runways at NALF Waldron and all but the northwest corner of the tract is in a high noise area, CNR Zones 2 and 3. He stated that aside from the risk of accidents, it the Navy's experience that were these areas developed with housing, complaints of noise would be such that to reduce them would effectively eliminate necessary flight operations at NALF Waldron. Mr. Coover stated he was not aware of any noise study, but in view of Commander Witkowski, requested that the on Council defer action/these applications until the study has been made. Commander Witkowski stated there was no substantial change and he would provide Mr. Coover with a copy ofthe present noise study. Motion by Acuff, seconded by Tom Gonzales and passed, that the Hearings on Applica- tion #774-14 and #774-15, David Coover, be closed. Motion by Stark, seconded by Tom Gonzales and passed, with Mayor Pro Tem Acuff voting "Nay", that Application #774-14, David Coover for change of zoning from "F -R" Farm - Rural District to "R -1B" One -family Dwelling District on Lots 9, 10, 12 and 13, Section 38, Flour Bluff and Encinal Farm and Garden Tracts, be tabled. Motion by Acuff, seconded by Tom Gonzales and passed, with Mayor Luby voting "Nay", that the recommendation of the Planning Commission be concurred in and that Application #774-15, David M. Coover, for change of zoning from "F -R" Farm -Rural District to "R -1B" One -family Dwelling District on Lots 5, 6, 7, 8, 9, 10, 11 and 12, Section 39, Flour Bluff & Encina) Farm and Garden Tracts, located on the west side of Flour Bluff Drive between Emmorcl and Glenoak Roads, be denied. City Manager Townsend presented Application #774-18, R. H. Douglas, for change of zoning from "R -1B" One -family Dwelling District to "AB" Professional Office District on an approximate 13.982 -acre tract of land out of Lot 33, H. B. Sheppard Farm Lots, located on the southwest corner of IH 37 and Suntide Road. The request was heard by the Planning Commission July 30, 1974, and forwarded to the Council with the recommendation that it be approved on the basis that the facility proposed will be an asset to the City. The Planning Staff concurred in this Minutes cial Council Meeting eptember 11, 1974 Page 5 recommendation. No one appeared in opposition to the recommendation of the Planning Commission. Motion by Stark, seconded by Acuff and passed, that the hearing be closed. Motion by Lozano, seconded by Acuff and passed, that the recommendation of the Planning Commission be concurred in and Application #774-18, R. H. Douglas for change of zoning from "R -1B" One -family Dwelling District to "AB" Professional Office District on an approximate 13.982 -acre tract of land out of Lot 33, H. B. Sheppard Farm Lots, be approved, and an ordinance be brought forward effectuating the change. ORDINANCE NO. 12265 AMENDING THE ZONING ORDINANCE OF THE CITY OF CORPUS CHRISTI ADOPTED ON THE 27TH DAY OF AUGUST, 1937, APPEARING OF RECORD IN VOLUME 9, PAGES 565, ET SEQ, OF THE ORDINANCE AND RESOLUTION RECORDS, AS AMENDED FROM TIME TO TIME AND PARTICULARLY AS AMENDED BY ORDINANCE NO. 6106, AS AMENDED, UPON APPLICATION OF PASOWICZ INSURANCE AGENCY, BY GRANTING A SPECIAL COUNCIL PERMIT FOR THE ERECTION OF THE SIGN PROPOSED BY THE APPLICANT ACCORDING TO THE SITE PLAN APPROVED BY THE PLANNING COMMISSION SUBJECT TO THE CONDITIONS HEREINAFTER SET FORTH, ON LOT 18, BLOCK 20, WINDSOR PARK UNIT 4, SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS; KEEPING IN EFFECT ALL OTHER PROVISIONS OF THE EXISTING ORDINANCE AS AMENDED; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Acuff, Tom Gonzales, Lozano and Stark, present and voting "Aye"; Luby, present and voting "Nay"; Branch and Ricardo Gonzalez absent. ORDINANCE NO, 12266 AMENDING THE ZONING ORDINANCE OF THE CITY OF CORPUS CHRISTI ADOPTED ON THE 27TH DAY OF AUGUST, 1937, APPEARING OF RECORD IN VOLUME 9, PAGES 565, ET SEQ, OF THE ORDINANCE AND RESOLUTION RECORDS, AS AMENDED FROM TIME TO TIME AND PARTICULARLY AS AMENDED BY ORDINANCE NO. 6106, AS AMENDED, UPON APPLI- CATION OF R. H. DOUGLAS BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON 13.982 -ACRE TRACT OUT OF LOT 33, H. B. SHEPPARD FARM LOTS, SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "R -1B" ONE FAMILY DWELLING DISTRICT TO "AB" PROFESSIONAL OFFICE DISTRICT; KEEPING IN EFFECT ALL OTHER PROVISIONS OF THE EXISTING ORDINANCE AS AMENDED; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Luby, Acuff, Tom Gonzales, Lozano and Stark, present and voting "Aye"; Branch and Ricardo Gonzalez absent. There being no further business to come before the Council, motion by Acuff, seconded. by Loano and passed, that the Special Meeting be adjourned at 5:05 p.m., September 11, 1974.