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HomeMy WebLinkAboutMinutes City Council - 09/14/1977 - SpecialMINUTES CITY OF CORPUS CHRISTI, TEXAS SPECIAL COUNCIL MEETING SEPTEMBER 14, 1977 3:30 P. M. PRESENT: Mayor Pro Tem Eduardo E. de Ases Council Members: David Diaz Ruth Gill Bob Gulley Gabe Lozano, Sr. Edward L. Sample City Manager R. Marvin Townsend City Attorney J. Bruce Aycock City Secretary Bill G. Read Mayor Pro Tem Eduardo E. de Ases called the meeting to order in the Council Chamber of City Hall and stated that the purpose of the meeting was to hear four zoning cases. City Manager Townsend announced the public hearing on Application #877-1, Loyal Order of Moose Lodge #734, for a change of zoning from "R -1B" One -Family Dwelling District to "B-4" General Business District on Lots 1, 2, 9'and 10, Section 31, Flour Bluff and Encinal Farm and Garden Tracts, located 'on the south side of South Padre Island Drive, approximately 300 feet west of Paul Jones Avenue. City Manager Townsend stated that the Planning Commission recommends denial, but in lieu thereof a special permit be approved for a fraternal lodge only on that portion of the property reflected on the diagram, according to approved site plan. Mr. Townsend informed the Council that the Planning Staff recommends denial based on the fact that the application includes some 30 acres and the site plan indicates that only 10 acres will be used for the building site, with an additional 10 acres indicated as open recreation area, which leaves some 10 acres that could be used for unknown purposes. Chief Planner Larry Wenger located the area on the zoning and land use map; explained the land use in the surrounding area; and showed slides of the area. He stated that the special permit with the approved site plan is acceptable to the applicant. No one spoke in regard to this application. Motion by Sample that the hearing be closed; seconded by Diaz and passed unanimously. Minutes Special Council Meeting September 14, 1977 Page 2 Motion by Sample that the Council accept the recommendation of the Planning Commission that the change of zoning be denied but that in lieu thereof a special permit be approved for a fraternal lodge according, to the approved site plan; seconded by Lozano, and passed unanimously. Mayor fro Tem de Ases announced the public hearing on Application 11877-4, Mr. Richard L. Garza, for a change of zoning from "R -1B" One -Family Dwelling Dis- trict to "B-1'! Neighborhood Business District on a 0.32± acre tract of land out of Lot 13, Section "L", Paisley Subdivision (unrecorded Block 3, David Brown Addition), located on the south side of Baldwin Boulevard, approximately 150 feet east of South Port Avenue. City Manager Townsend stated that both the Planning Commission and the Planning Staff recommend approval. He informed the Council that in response to the notices of the public hearing mailed to the residents in the area, two in favor and two in opposition had been received. Chief Planner Larry Wenger pointed out the area on the zoning and land use map; explained the land use in the surrounding area; and showed slides of the area. Council Member Gill inquired about the one lot that will remain zoned as "R -1B". Mr. Wenger replied that the staff had contacted the owner of that property and the owner indicated that he did not desire a change of zoning. No one spoke in regard to this application. Motion by Lozano that the hearing be closed, seconded by Sample and passed unanimously. Motion by Lozano that the recommendation of the Planning Commission be accepted and that the zoning on the 0.32± acre tract of land out of Lot 13, Section L, Paisley Subdivision, be changed from "R -1B" to "B-1"; seconded by Sample and passed unanimously. Minutes Special Council Meeting September 14, 1977 Page 3 Mayor Pro Tem de Ases announced the public hearing on Application #877-6, Mr. Ralph L. Cook and Mr. Joe Adame, for a change of zoning from "R -1B" One -family Dwelling District to "AB" Professional Office District on a 2.06± acre tract of land out of Gregoria Farias Grant, located along the northwest right-of-way of U.S. Highway 77, and on the east side of Calallen Drive at its intersection with Teague Lane. City Manager Townsend stated that it is the recommendation of both the Planning Commission and the Planning Staff that it be approved and that no responses to the notices of the public hearing had been received. Chief Planner Larry Wenger pointed out the area on the zoning and land use map; explained the land use in the surrounding area; and showed slides of the area. No one spoke in opposition or in favor of this application. Motion by Gulley that the hearing be closed, seconded by Diaz and passed unanimously. Motion by Gulley that the recommendation of the Planning Commission be accepted and that the zoning on the 2.06± acre tract of land out of Gregoria Farias Grant be changed from "R -1B" to "AB"; seconded by Diaz and passed unanimously. Mayor Pro Tem de Ases announced the public hearing on Application 11877-7, Mr. Roland Garcia, for a change of zoning from "B-4" General Business District to "I-2" Light Industrial District on Tract A, and from "A-1" Apartment House District to "I-2" Light Industrial District on Tract B, both tracts being: Tract A - a 7.67± acre tract of land out of a portion of Block 10, J.C. Russgl1 Farm Blocks; and Tract B - an 11.82± acre tract of land out of a portion of Block 10, J.C. Russell Farm Blocks, located on the east side of Navigation Boulevard between Highway 44 and Old Brownsville Road. City Manager Townsend stated that the Planning Commission recommends appro- val of this application, and the Planning Staff recommends denial on the basis that Minutes Special Council Meeting September 14, 1977 Page 4 this area was zoned industrial for a number of years and the owners themselves asked that it be changed to single family which encouraged the new West Oso High School to be built on that premise, and it is the opinion of the Planning Staff that the change of zoning to industrial would have a detrimental effect on any residential develop- ment to be placed in close proximity to industrial development. Mr. Townsend also informed the Council that the 201 rule is in effect, because 201 of the owners involved in the area within 200 feet of the tract have filed written notice of opposition to the change of zoning. Chief Planner Wenger pointed out the location on the zoning and land use map and stated that the entire area is under cultivation and a subdivision is located to the north of the property. Mr. Wenger also showed slides of the area. Mr. Roland Garcia, the applicant, addressed the Council at this time and asked for an explanation of the 201 rule. City Manager Townsend stated that this rule required six votes of the Council for approval of the change of zoning and pointed out that only six members of the Council are present at this meeting. Mr. Garcia stated that he is the owner of the property; he is a Realtor and has owned the land since 1962; the closest school is at least a mile from the property; and expressed the opinion that he does not feel that anyone is inter- ested in building residences in the area. He mentioned the low property values that exist in Village on the Green, which is located in the same general area. Mr. Garcia indicated that he and his partners may develop the land for industrial use and he feels that the only desirable development would be for "I-2". City Manager Townsend asked Mr. Garcia if he recommends any place in the West Oso district that would be practical for "R -1B" zoning, indicating that from Mr. Garcia's statements, it seems that his logic would apply to all of the area of the West Oso High School vicinity. Mr. Garcia stated that West Oso High School is primarily interested in development of the land for tax purposes. Speaking in opposition to the application was Mr. Sam Crecelius, 750 Meadowbrook, who read and presented to the Council the following statement: Miiautes Special Council Meeting September 14, 1977 Page 5 "I own: 61 acres north of and adjoining the tract in question, approximately 1700 feet of common boundary. There are 41 acres with approved preliminary platting for residential subdivision development. Twenty acres are in a fully developed residential subdivision consisting of 100 lots, all of 6,000 square foot size, with streets, curbs and gutters, storm and sanitary sewers, water, gas underground telephone and electric systems. "The recommendation for approval by the Planning Commission was ill considered and constitutes undesirable and unnecessary spot zoning in violation of sound zoning principles. This was done with total disregard to continuity of exist- ing zoning and prior commitments by the city to residential use on which subdivision construction was planned and developed at major expense to the developer. The city staff recommended denial. "There are over 500 acres of residential type zoning surrounding the 19.5 acre tract in the application. The only basis for change would have to be for a quick speculative sale at the expense of existing zoning. "Irreparable damage and heavy monetary loss would be caused by the granting of the application. It would, in effect, seriously limit any hope of uti- lizing the existing development for the purpose for which it was built when it becomes sandwiched in between industrial zoned tracts. "Residential zoning in the area would seem to fit in exactly with previously announced policies of the council to utilize close -in land where all faci- lities such as gas, sewer and water and accessability exist without expan- sion. There is no conflict with flight paths. "There is, at the present time, a large surplus of I-2 zoned property in the general area and all over town. No true justification for the grant- ing of the application exists." Mr. Crecelius further stated that at one time they had 235 loans approved for this area, and it was contemplated that the houses would be built for lower income families. He informed the Council that he has 100 lots there and would like to build residences on the property, but this would be hampered if the industrial use zoning is approved. He requested that the Council provide protec- tion for his property which is zoned "R -1B" by denying this application. Mayor Pro Tem de Ases recognized Mr. Ben Donnell of the Planning Commis- sion and asked him to provide the Council with further information in regard to the recommendation of the Planning Commission. Mr. Donnell stated that the Planning Commission shared the opinion of Mr. Garcia that the area is not very well suited for residential development. City Manager Townsend asked Mr. Donnell if the Planning Commission had examined the entire area and resolved the question of the effect this recommended Mi., ees Special Council Meeting September 14, 1977 Page 6 change of zoning would have on the other property in the area. Mr. Townsend empha- sized the fact that the entire area was at one time zoned "I-2" and the owners of the property requested that it be zoned "R -1B".. Mr. Donnell stated that he was not present when this application was con- sidered by the Planning Commission, but he had talked with some of the members who were there, and he felt that they had considered the entire area before making their recommendation. No one else spoke in regard to this application. Motion by Gulley that the hearing be closed, seconded by Diaz and passed unanimously. Council Member Gill indicated that she is not prepared to vote to approve this application today, but would like to have a report from the Planning Commis- sion concerning their plans for the entire area. Motion by Gill that the application be tabled until the Council receives further information from the Planning Commission; seconded by Diaz, and passed unanimously. Mayor Pro Tem de Ases stated that this zoning matter will be considered after the next Planning Commission meeting. City Manager Townsend presented the ordinances pertaining to the preceding zoning cases. City Secretary Read polled the Council for their votes, and the following ordinances were approved: ORDINANCE NO. 13946: 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 LOYAL ORDER OF OF MOOSE LODGE #734 BY GRANTING A SPECIAL PERMIT FOR A FRATERNAL LODGE, ACCORDING TO THE SITE PLAN APPROVED BY THE PLANNING COMMISSION, SUBJECT TO THE CONDITIONS HEREINAFTER SET FORTH ON A PORTION OF LOTS 1 AND 10, SECTION 31, FLOUR BLUFF AND ENCINAL FARM AND 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. The Charter Rule was suspended and the foregoing ordinance was passed by the fol- lowing vote: de Ases, Diaz, Gill, Gulley, Lozano and Sample voting "Aye"; Luby, absent. Special Council Meeting September 14, 1977 Page 7 ORDINANCE NO. 13947: 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 RICHARD L. GARZA, BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON A PORTION OUT OF LOT 13, SECTION "L", PAISLEY SUBDIVISION, SITUATED IN.THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "R -1B" ONE -FAMILY DWELLING DISTRICT TO "B-1" NEIGHBORHOOD BUSINESS DISTRICT; KEEPING IN EFFECT ALL OTHER PROVISIONS OF THE EXISTING ORDI- NANCES IN CONFLICT HEREWITH; AND DELCARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the fol- lowing vote: de Ases, Diaz, Gill, Gulley, Lozano and Sample voting "Aye"; Luby, ' absent. ORDINANCE NO. 13948: 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 RALPH L. COOK AND JOE ADAME, BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON A TRACT OF LAND OUT OF GREGORIO FARIAS GRANT, SITUATED IN 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 fol- lowing vote: de Ases, Diaz, Gill, Gulley, Lozano and Sample voting "Aye"; Luby, absent. There being no further business to come before the Council, on motion by Sample, seconded by Gulley, and passed unanimously, the meeting was adjourned at 4:25 p.m. September 14, 1977.