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HomeMy WebLinkAboutMinutes City Council - 08/11/1976 - SpecialMINUTES CITY OF CORPUS CHRISTI, TEXAS SPECIAL COUNCIL MEETING AUGUST 11, 1976 3:30 P.M. PRESENT: Mayor Jason Luby Mayor Pro Tem Bill Tipton Council Members: Eduardo E. de Ases Ruth Gill Bob Gulley Gabe Lozano, Sr. Edward Sample Assistant City Manager Archie Walker Deputy City Manager Ernest Briones Assistant City Attorney Michael May Assistant City Secretary Edna Pierce Mayor Luby called the meeting to order in the Council Chambers of City Hall. There was a quorum of the Council and the necessary Charter Officers present to have a legally constituted meeting. Chief Planner Larry Wenger announced the public hearings on five zoning cases, and first presentsed Application #776-1, Crestmont Properties, for a change of zoning from "R -1B" One -family Dwelling District as follows: Tract A: to "A-2", a 7.0+ acre portion of Lot 8; Tract B: to "R-2", a 5.1+ acre portion of Lot 8; Tract C: to "B-4", a 0.8+ acre portion of Lot 7; all tracts being out of Section 9, Bohemian Colony Lands, located along the east side of Kostoryz Road south of Holly Road. He explained that the recommendation of the Planning Commission for Tract A is that "A-2" be denied, but in lieu thereof "A-1" be approved; that "R-2" be approved for Tract B; and that "B-4" be denied on Tract C, but in lieu thereof "R-2" be granted. He added that the Staff's recommendation is the same. There was no one in the audience in opposition. Mr. Edgar Moore, co-owner of the subject property, stated that the recommen- dation of the Planning Commission is acceptable. Motion by Lozano, seconded by de Ases and passed unanimously, that the hearing be closed. Motion by de Ases, seconded by Tipton and passed unanimously, to accept the recommendation of the Planning Staff and Commission. Chief Planner Wenger next presented Application #776-2, J. R. Preis, for change of zoning from "R -1B" One -family Dwelling District to "A-1" Apartment House District on Lot 10, Block 6, Cabaniss Acres, located on the north side of Carolyn Street approximately 295' east of Wood Street. He reviewed that the recommendation of both the Planning Commission and Staff is for denial. He reported that in response Minutes Special Council Meeting August 11, 1976 Page 2 J to the notices of the public hearing, two letters had been received in opposition and two in favor. The applicant, Mr. J. R. Preis, stated he has owned the property for over six years; he mentioned that he has over 100 apartments in the city with an occupancy rate of about 99% in that neighborhood. Mr. Charlie Nichols told the Council that he knows Mr. Preis and knows the area and thinks his zoning request should be granted. He said that at the Planning Commission meeting one of the arguments against Mr. Preis was that that number of apartments would downgrade the area, while the person who made the statement acknowledgi that Mr. Preis has the best apartments in the neighborhood. He urged the Council to grant "A-1" zoning for Mr. Preis, saying that less expensive apartment units are badly needed over the entire city. Chief Planner Wenger pointed out that the Staff's opposition was partially due to the fact that there are only side ditches for4drainage and the streets are only 50' wide; also that utility service in the area was designed for single family dwellings. Motion by Tipton, seconded by Sample and passed unanimously, that the hearing be closed. Motion by Gulley, seconded by Tipton and passed unanimously, that the applicatic be approved. Chief Planner Wenger next announced Application #776-3, V. A. Nolen, for change of zoning from "FR" Farm -Rural District to "R -1B" One -family Dwelling District, on a 38.8+ acre tract out of Share 6 of the Harney Partition, located on the south side of Leopard Street immediately east of Western Hills subdivision. He reviewed that the Planning Commission and Staff recommend approval; that in response to notice of the public hearing, three letters have been received in favor of the zoning change. Mr. Roy Rister, 4202 Western Drive, strongly objected to "R -1B" zoning unless he could be assured that the houses would be in a similar price range to Western Hills subdivision and would have similar drainage, restrictions on the property, etc. He repeated that he could not say whether he was for or against the zoning change until he knew "what they're going to put over there"; and demanded an answer. Mr. Larry Urban of Urban Engineering, representing the application, responded that the development will meet all City requirements. .utes apecial Council Meeting August 11, 1976 Page 3 Deputy City Manager Ernest Briones clarified that the only issue which should be considered is whether "R -1B" zoning would. be compatible with the existing uses surrounding it. Motion by de Ases, seconded by Sample and passed unanimously, that the hearing be closed. Motion by de Ases, seconded by Sample and passed unanimously, to accept the recommendation of the Planning Commission and Staff. Chief Planner Wenger next presented Application #776-4, Theodore Smith, for change of zoning from "B-1" Neighborhood Business District to "B-4" General Business District, on the northeast 75' of Lot 16, Block 2, Mahan Acres subdivision, located on the east side of Kostoryz Road approximately 314' south of Foley Drive. He reviewed for the Council that the recommendation of the Planning Commission is that it be denied, but in lieu thereof "B-3" Business District be approved; and that the Staff recommends denial. He added that in response to the notices, three letters have been received in favor. Mr. DeWitt Hardy said he was the applicant's brother; that her husband is deceased, and she wants the "B-4" zoning in order to sell the property. Attorney Calvin Scholz addressed the Council, speaking for the applicant and the prospective purchaser, Mr. Guenther Eberle. He stressed that no one in the area disapproved of the change in zoning, and presented the Council with a copy of a petition submitted previously regarding same. He argued that the trend on Kostoryz Street is business; he showed the Council a map depicting the zoning and uses along the entire street, and showed slides of every house on the entire street, which he described in detail. He stated that the purchaser, Mr. Eberle, wants to operate a foreign car garage on the premises, as he presently does elsewhere in the City; also that Mr. Eberle and his wife need "B-4" zoning so they can live in part of the building while getting the business started. Mr. Charlie Nichols also spoke to the Council, encouraging their granting "B-4" zoning for the area. Motion by de Ases, seconded by Tipton and passed unanimously, that the hearing be closed. Motion by Sample, seconded by Gill,that the recommendation of the Planning Commission for "B-3" be approved. Motion failed by vote of 5 to 2. Minutes Special Council Meeting August 11, 1976 Page 4 Motion by Gulley, seconded by de Ases and passed—with Sample voting No -- to grant "B-4" zoning for Application #776-4. Chief Planner Wenger then described Application #776-6, Agnes A, Vick, for change of zoning from "I-2" Light Industrial District to "R -1B" One -family Dwelling District, on an 0.63 acre portion of the 82 -acre Tom Whelan Tract, located on the east side of Navigation Boulevard midway,between Up River Road and Margaret Avenue. He explained that the Planning Commission recommends approval; that the Planning Staff recommends denial. There was no one in the audience in opposition. Motion by Sample, seconded by Gulley and passed unanimously, that the hearing be closed. Motion by Sample, seconded by de Ases and passed unanimously, to accept the recommendation of the Planning Commission. There being no further business to come before the Council at this Special Meeting, the Meeting was adjourned at 5:08 p.m. to resume the Regular Council Meeting.