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HomeMy WebLinkAboutMinutes City Council - 03/26/1975 - SpecialMINUTES CITY OF CORPUS CHRISTI, TEXAS SPECIAL COUNCIL MEETING March 26, 1975 3:30 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. J. Howard Stark City Manager R. Marvin Townsend Acting City Attorney Michael May 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 of the Council and required Charter officers were present to hold a valid meeting. City Manager Townsend presented Application #275-2, Jon B. Held, for change of zoning from "AB" Professional Office District to "B-1" Neighborhood Business District, on property described as being a 6.16+ acre tract of land out of Lots 12 and 13, Section 53, Flour Bluff & Encinal Farm and Garden Tracts, located 338' west of Jamaica Drive, along the north side of Caribbean Drive (Tropic Estates). The application was heard by the Planning Commission on February 18, 1975 and forwarded to the Council with the recommendation that it be denied, but in lieu thereof a special permit be approved for a German Restaurant. The Planning Staff's opinion was that approval would create a single "B-1" area within an area used primarily for professional office and residential; that it is located on a collector type street, not a major thoroughfare, and therefore recommended denial. The Planning Staff in'icated it would favorably consider a special a special permit for a specific use. The applicant, Mr. Jon B. Held, explained that Mr. Rudolph Heistermann from Germany has purchased property on Padre Island, owns four restaurants in Germany and is looking for a suitable location to establish an authentic German restaurant in Corpus Christi. He stated the recommendation of the Planning Commission for a Special Council Permit was satisfactory, Motion by Branch, seconded by Tom Gonzales and passed, that the hearing be closed. Motion by Stark, seconded by Branch and passed, that the recommendation of the Planning Cosmtission be concurred in and Application #275-2, Jon B. Held, for change of zoning from "AB" Professional Office District to "B-1" Neighborhood Business District, on property described as being a 6.16+ acre tract of land out of Lots 12 & 13, Section 53, Flour Bluff & Encinal Farm and Garden Tracts, be denied but in lieu/ thereof Minutes Special Council Meeting March 26, 1975 Page 2 a Special Permit be approved for a German restaurant, and an ordinance be brought forward effectuating the Special Permit. City Manager Townsend presented Application #275-3, Reimco, Inc. for change of zoning from "R -1B" One -family Dwelling District and "B-1" Neighborhood Business District to "B-4" General Business District on property described as being the north 500' of Lots 1 & 2, Lyles Subdivision, located on the southwest corner of Horne Road and Greenwood Drive. The application was heard by the Planning Commission February 18, 1975, and forwarded to the Council with the recommendation that it be denied, but in lieu thereof "B-1" Neighborhood Business District be approved on the basis that there is a need for commercial sites in this particular area, but not a need for a large regional type shopping facility. The Planning Staff's opinion was that "B-1" Neigh- borhood Business would blend in with the existing developments, therefore recommended that "B-4" be denied but in lieu thereof "8-1" be approved. Mr. Tim Clower, realtor representing the applicant, stated the recommendation of the Planning Commission and Planning Staff was satisfactory. No one appeared in opposition to the recommendation of the Planning Commission. Motion by Tom Gonzales, seconded by Branch and passed, that the hearing be closed.' Motion by Branch, seconded by Tom Gonzales and passed, (Mayor Luby temporarily absent from the meeting) that the recommendation of the Planning Commission be concurred in and Application #257-3, Reimco, Inc. for change of zoning from "R -1B" One -family Dwelling District and "B-1" Neighborhood Business District to "B-4" General Business District on the north 500' of Lots 1 & 2, Lyles Subdivision, be denied, but in lieu thereof "B-1" Neighborhood Business District be approved on the basis there is a need for commercial' sites in this particular area, and an ordinance be brought forward effectuating the change. City Manager Townsend presented Application #257-4, Environmental Disciplines, Inc.for a change of zoning from "R -]A" One -family Dwelling District to "R-2" Multiple Dwelling District, on Lots 5 through 11, Block 4, Edgewater Terrace Subdivision, located on the southwest corner of South Alameda and Ocean Drive. This application was heard by the Planning Commission February 18, 1975 and forwarded to the Council with the recommendation that it be denied. The Planning Staff recommended approval on the basis that it would provide an excellent buffer for the residential area. Mr. Townsend reported that since the Commission hearing, six letters and one telegram had been received in opposition and three in favor to the requested change in zoning. Minutes Special Council Meeting March 26, 1975 Page 3 Motion by Acuff, seconded by Branch and passed, that the Special Meeting be recessed, and the Regular Meeting be reconvened for the purpose of opening bids scheduled at 4:00 p.m. Mayor Luby reported present at the meeting at this time. * * * * * * Mayor Luby reconvened the Special Meeting and the public hearing on Environ- mental Disciplines, Inc. at 4:55 p.m. City Manager Townsend explained that a telegram had been received in opposition from Mr. Bernard P. Dietz, owner of property at 6030 Ocean Drive, and pointed out that Mr. Dietz should be advised that in order for his protest to be applied to invoke the 20 percent rule, he must sign his protest letter, therefore, the telegram does not constitute a written notice of protest. Mr. Townsend explained that the letters and telegram received in protest were generally on the basis of increased population density, traffic congestion and devaluation of property values. Mr. J. W. Wray, attorney, 6065 Edgewater Drive, explained that Mr. Dietz did not receive notice of the public hearing until yesterday, but that he had indicated opposition to the zoning change when the matter was before the Planning Commission. He stated he did not share Mr. Townsend's interpretation of the law that Mr. Dietz' telegram did not constitute a valid protest. Commissioner Tom Gonzales pointed out that Mr. Dietz could still submit a signed protest before next week. Attorney Ronald Karchmer, 3318 South Alameda, spoke on behalf of the applica- tion and presented background information of the zoning request. He stated the request was unanimously rejected by the Planning Commission on February 18, on the basis that the property is subject to deed restrictions. He explained that a law suit has been filed to renew these deed restrictions which suit has not been brought to trial, and this hearing appears to be somewhat premature. He stated the proponents really have nothing to add at this time that was not presented at the Commission hearing, and requested that in view of th,, pending law suit, the Council act on a motion to table the request until the deed restrictions matter is settled which is set for trial on May 12. City Manager Townsend pointed out that the matter of deed restrictions does not pertain to the question of what is good or bad zoning. Mr. Merton Johnson, 5909 Edgewater Drive, spoke in opposition, stating he purchased his home within the past year and is already beginning to feel harassed on the matter of rezoning this property. He urged that the action of the Council be delayed until after the court case regarding the deed restrictions is settled. Com- missioner Ricardo Gonzalez questioned why this case was not withdrawn before action Minutes Special Council Meeting March 26, 1975 Page 4 was taken by the Planning Commission if the applicants felt the matter of deed restrictions was pertinent. Mr. Wray pointed out that there would be all kinds of problems if this case is postponed until after the law suit is settled, that there is no certainty that the case will be settled on May 12, and the only alternative would be for the applicants to withdraw this request as it was done once before. Mayor Luby announced the case would be heard as scheduled. Mr. William B. Stalter, president of Environmental Disciplines, Inc., 3445 Floyd Street, gave background information of the firm, and named Mr. George Clower and Mr. Larry Samuelson as co-partners. He presented a model of what they proposed to develop on the property. He pointed out that the Planning Staff had recommended approval on the basis that it would be very difficult to develop these lots with single-family detached dwellings because of their close proximity to the intersec- tion along this curved frontage on Ocean Drive; also, that it is in close proximity to A& I University at Corpus Christi and an increasing need for services of various types to accommodate this facility as this college continues to expand. He stated the area can best be served by making it residential use rather than permitting some- thing which could possibly result in business zoning. Mr. Stalter explained that his presentation would not pertain to the deed restrictions and will only be discussed if the opposition brings it up. Mr. Larry Samuelson, 638 Doddridge Circle, pointed out that no land within the boundaries of the City can exist on itsown but must relate to the long range needs surrounding it, and it is the responsibility of the governing body of the City to recognize the unique qualities of land and to insure its productive usefulness and this responsibility of power should supercede any outdated restrictions placed on the land. He stated the deed restrictions established in 1938 no longer reflect today's conditions. He pointed out changes which have occured during this time, and potential changes because of the increased activity. He stated if this site remains in its present condition as vacant and undeveloped, it would be an injustice to the owners as well as the City in general. He commented that the decision of the Council regard- ing this case could be a determining factor in the decision of the court regarding the deed restrictions, and urged the Council to act favorably on behalf of what they consider a responsible approach to good land development. Mr. George Clower, 321 Laurel, explained in detail the development concept from a chart. He described the site as it now exists and explained how it is proposed to be developed, stating under its present platting there could be eight detached minutes Special Council Meeting March 26, 1975 Page 5 single family residences with six or seven private driveways onto Ocean Drive as opposed to the one accessway proposed by the applicants which would not create atti- tional traffic congestion. He explained that the proposal includes 21 two-story living units with ample landscaping and a swimming pool with possibly three parking spaces per unit; that it will be single-family ownerships probably by retired or settled citizens, will provide an excellent buffer between the more intense uses across Ocean Drive and the residences to the rear, and will be ompletely compatible to the neighborhood, both in appearance and the people who will reside in the units. He stated they prefer "R-2" zoning which would simplify their problems, but will accept a special permit limiting them to what has been presented. He explained that part of the concern of the opposition is that they feel the property will not be developed according to what has been presented and there is some concern that multi -story highrise buildings will be constructed. Mr. Les Feldser, 501 South Staples, owner of three lots within the area of request, spoke in favor of the proposal stating that a portion of one of his lots fronting along the interchange was taken at the time of the construction of the interchange, and that this property is not adequate for development as a single- family dwelling. He commented that the City had paid him $3,000 less than he had invested in the property. He pointed out the unsightleness of the subject property in its vacant and undeveloped state, and the proposed development would be an asset and complete the aesthetic beauty of Ocean Drive. Mayor Luby asked for a show of hands of those in the audience who were opposed to the request. Some 25 persons indicated their opposition. Mr. J. W. Wray, 6065 Edgewater, spoke in opposition, stating he was an attorney but not speaking necessarily in that capacity, and would help to pay for another attorney to defend them in the deed restrictions law suit. He pointed out that the deed restrictions were provided by the original property owners 25 years ago and had been renewed for another 25 years. He explained that when the deed restrictions were originally established, some of the lots were excluded from the restrictions and were designated for what is known as a community center. He stated that there is an unoccupied service station and a modest business located on the southeast corner of Ocean Drive and Alameda; that Ship Ahoy Restaurant is located to the east which was originally platted for a public use and has since been used as such, and that some deed restrictions have been removed in areas actually being used as business and left on the other lots. He stated deed restrictions are a very Minutes Special Council Meeting March 26, 1975 Page 6 solemn undertaking and should not be abandoned; that he feels this application for rezoning was premature from the beginning because the case in court is still pending, but urged the Council to continue with the hearing. He pointed out that the over- whelming criteria is there will be residents from 20 additional houses congesting this section of Ocean Drive, and all the neighbors are in accord that property values will be decreased, it will be a traffic hazard and make the homes less desirable. He further pointed out that most of the owners of this land own more than one lot, have been holding them for speculation, and once started, more of this kind of development will take place on the other side of Ocean Drive; that there is not much property left on Ocean Drive suitable for one-family dwellings and what is left should be preserved for this purpose. Mr. Merton Johnson, presented a petition signed by property owners in opposition to the requested zoning change. He commented that probably the neighbors would purchase Mr. Feldser's lots for $10,000 and accept the loss. Mr. Willie Kostka, 6017 Ocean Drive, spoke in opposition stating he had purchased his home and moved into this neighborhood mainly because of the deed restrictions against multi-family or business uses; that approval of this request would lead to other changes; and his property taxes could be increased to an extent that he would not be able to afford to live there. Mr. Sam Frech, 6073 Edgewater, spoke in opposition, pointing out that residents in Edgewater Terrace desire the cultural character of the subdivision and want to keep it that way. He stated approval of this request would open the door for other such development to the detriment of the area. Commissioner Branch pointed out that Mr. Fresh had urged development of Cayo del Oso for the same reasons he is opposing the subject proposal. Mr. Frech stated he had changed his mind and now felt the Council did the proper thing in refusing the proposal to develop the Oso. Mrs. Florence Frech pointed out that development of the Oso had been urged because of the blowing sand and obnoxious odors from the Oso Sewer Plant. Mrs. Mary Dunn, registered nurse, opposed the request stating they had located in this area because of the tranquility it provides, and to her, a view from her back yard of three balconies was not tranquility. In rebuttal, Mr. Ronald Karchmer, 3318 South Alameda, attorney for the applicants, stated it appears at this point that the objections are on the basis that there are deed restrictions, and he is aware that these cannot be properly Minutes Special Council Meeting March 26, 1975 Page 7 considered at this time, but pointed out that changes have been experienced and these changes cannot be avoided but we must adapt to them. He explained that his clients are seeking to declare the deed restrictions ineffective to the lots contained in this request since they are located on the perimeter of the subdivision; they have to decide what is the best use of this property today and what can be done with it. He emphasized that they have no wish to destroy the character of the neighborhood, that his clients wish to achieve some use and believe this is the best and most practical use, and that the design of this project does retain a residential character, and this would be important to the success of the project; that the property is currently an eye sore and the proposed development would be an improve- ment; the lots cannot be sold individually for single-family uses; that this is not a cheap project, will be occupied by the most desirable tenants, and will not lower the value of adjoining properties. Mr. Wray stated the proponents continue to refer to what is the best use of the property, but stated that is not the question before the Council; that where zoning is concerned, no one has a right to demand the best use of his property, which in some instances, may be a service station in a residential neighborhood, but the question should be, is the zoning consistent. He maintained that these properties can be sold for single-family residential development, but the property is owned by persons who own more than one lot and are holding them for speculation. Motion by Tom Gonzales, seconded by Stark and passed, that the hearing be closed. Motion by Tom Gonzales, seconded by Acuff and passed, with Mayor Luby and Commissioner Lozano, voting "Aye"; Branch, Stark and Ricardo Gonzalez voting "Nay", that Application #275-4, Environmental Disciplines, Inc., for change of zoning from "R -1A" One -family Dwelling District to "R-2" Multiple Dwelling District, on Lots 5 thru 11, Block 4, Edgewater Terrace Subdivision, be denied. Mayor Luby declared the motion for denial of the request had passed. ORDINANCE NO. 12563 AMENDING THE ZONING ORDINANCE OF THE CITY OF CORPUS CHRISTI ADOPTED ON THE 27TH DYA 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 JON B. HELD, BY GRANTING A SPECIAL COUNCIL PERMIT FOR A GERMAN RESTAURANT ACCORDING TO THE SITE PLAN APPROVED BY THE PLANNING COMMISSION SUBJECT TO THE CONDITIONS HEREINAFTER SET FORTH, ON A PORTION OF LOTS 12 AND 13, SECTION 53, FLOUR BLUFF & ENCINAL FARM & GARDEN TRACTS, 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. _nutes Special Council Meeting March 26, 1975 Page 8 The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Acuff, Branch,'Tom Gonzales, Ricardo Gonzalez, Lozano and Stark, present and voting "Aye"; Luby absent. ORDINANCE NO. 12564 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 REIMCO, INC. BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON A PORTION OF LOTS 1 AND 2, LYLES SUBDIVISION, SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "R -1B" ONE FAMILY DWELLING DISTRICT AND "B-1" NEIGHBORHOOD BUSINESS DISTRICT TO "B-1" NEIGHBORHOOD BUSINESS 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, Branch, Tom Gonzales, Ricardo Gonzalez, Lozano and Stark, present and voting "Aye". City Secretary Read stated that according to his tally, the foregoing ordinances had passed with votes noted. There being no further business to come before the Council, motion by Branch, seconded by Acuff and passed, that the Special Meeting be adjourned at 7:05 p.m., March 26, 1975. I; JASON LUBY, Mayor of the City of Corpus Christi, Texas, certify that the fore- going minutes, same being for the period of March 5,1975 to March 26, 1975, inclusive, and having been previously approved by Council action, are by me hereby approved. JASON-LUBY, Mayor City of Corpus Christi, Texas