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HomeMy WebLinkAboutMinutes City Council - 01/18/1978 - SpecialMINUTES CITY OF CORPUS CHRISTI, TEXAS SPECIAL COUNCIL MEETING JANUARY 18, 1978 3:47 P. M. PRESENT: Mayor Jason Luby 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 Jason Luby called the meeting to order in the Council Chamber of City Hall. City Secretary Bill G. Read declared that the necessary quorum of required Charter Officers was present to conduct a legally constituted meeting. City Manager R. Marvin Townsend announced the public hearing on Applica- tion #I1177-11, Mrs. Carrie P. Sparks, for a change of zoning from "R -1B" One - Family Dwelling District to "R-2" Multiple Dwelling District on Lots 9, 10 and 11, Block P, Don Patricio Subdivision, located on the west side of Sentinel Drive, approximately 400 feet south of Don Patricio Road. City Manager Townsend informed the Council that the Planning Commission recommends denial and the Planning Staff also recommends denial on the basis that this subdivision is zoned for single-family dwellings; the streets have only a 50' right-of-way which does not lend itself to multiple -family development; there is no sanitary sewer service and there are no immediate plans to provide such service because of little demand. Mr. Townsend also stated that in response to the notices of the public hearing, three in opposition and none in favor had been returned. Chief Planner Larry Wenger located the area on the zoning and land use map; described the land use in the surrounding area; showed slides of the area; and stated that the three lots are presently vacant; the area is sparsely developed; the Planning Commission had previously recommended approval of a Special Permit subject to an acceptable site plan; a site plan could not be obtained; therefore, they recommend denial of the change of zoning request. MICROFILMigf SEP 0 31980 Minutes Special Council Meeting January 18, 1978 Page 2 Mayor Luby called for comments by the applicant, but there was no response. Speaking in opposition to the application was Mrs. Thomas J. Corner, III, 1925 Sentinel, stating that she felt that the streets are narrow and inadequate for multiple dwellings; no City sewer service is available; and the property owners in the area purchased lots with the understanding that the area would remain "R -1B". Mr. Jimmie Ray Leach, 429 Claride Street, also spoke in opposition and stated that he owns Lots 37, 38, 15 and 16 in this subdivision. Mr. Leach also contended that the sewer service would be inadequate for multiple -family dwellings; the valuation of his property would be decreased; and he did not feel that this zoning would be in the best interest of the neighborhood. No one else spoke in regard to this application. Motion by Sample that the hearing be closed, seconded by Gulley, and passed unanimously. Motion by Sample that the Council accept the Planning Commission's recom- mendation and that the zoning request be denied, seconded by de Ases, and passed unanimously. Council Member Gill inquired why apartment houses exist in this area since the sewer service is not available. City Manager Townsend informed her that a previous Council had approved the "A-1" zoning in that area. City Manager Townsend announced the public hearing on Application No. 1277-7, Allen and Cameron, Inc., for a change of zoning from "B-4" General Business District to "R -1B" One -Family Dwelling District on an 8.04± acre tract of land out of G. Farias Grant, located at the southwest corner of Magee Lane and Up River Road. City Manager Townsend informed the Council that both the Planning Com- mission and the Planning Staff recommend approval. He stated that in response to the notices of the public hearing, two in favor and none in opposition had been returned. Minutes Special Council Meeting January 18, 1978 Page 3 Chief Planner Wenger located the area on the zoning and land use map, described the land use in the surrounding area, showed slides of the area, and stated that the property is in the process of being subdivided into residential lots. No one spoke in regard to this application. Motion by de Ases that the hearing be closed, seconded by Sample, and passed unanimously. Motion by de Ases that the recommendation of the Planning Staff be accepted and the zoning be changed to "R -1B"; seconded by Sample; and passed unanimously. City Manager Townsend announced the public hearing on Application No. 1277-8, Mr. Harold Kronke, for a change of zoning from "R -1B" One -Family Dwell- ing District to "B-4" General Business District on a 3.85± acre tract of land out of the McKinzie 124.12 acre tract, located at the southeast corner of Up River Road and McKinzie Road. City Manager Townsend informed the Council that the Planning Commission recommends denial, and the Planning Staff recommends denial of "B-4" zoning but in lieu thereof they recommend approval of "B-1" on the basis that it would establish a neighborhood convenience store area for nearby residents as well as residents of Castle River Subdivision to the north; that it would serve as a transition area between the surrounding "R -1B" and "B-4" to the north; and that the development of, this small size tract with residential uses would be difficult while business uses could be developed. Mr. Townsend stated that in response to the notices of the public hearing, four in opposition and one in favor had been returned. Chief Planner Wenger located the area on the zoning and land use map; described the land use in the surrounding area; and showed slides of the area, including a view of the backs of the developed property across the street from the subject property. Minutes Special Council Meeting January 18, 1978 Page 4 Mayor Luby called for comments from the applicant. Speaking on behalf of the applicant was Mr. Richard Kronke, the son of Mr. Harold Kronke. Mr. Kronke requested that the Council not accept the recommen- dation of the Planning Commission for denial of the request. He alleged that at the Planning Commission hearing, there had been misrepresentation of the facts by those speaking in opposition. Mr. Kronke referred to the allegation by the opposition that the service stations in the area had gone out of business and stated that in reality, the service station at Rand Morgan Road is being renovated for reopening. He referred to the statement made by the opposition that there were already 20 convenience stores in the area and contended that there are actually only 8 in a two-mile area. Mr. Kronke located on a map two additional proposed convenience store sites and mentioned the fact that there is a growth pattern in this area in that eight new subdivisions are planned which represent 1,300 new home sites. Mr. Kronke stated that he feels that business zoning is needed in this area to accommodate the additional residences planned for this area. Council Member Diaz inquired if "B-1" zoning as recommended by the Staff would be adequate for the planned use, and Mr. Kronke stated that his father would be quite satisfied with "B-1" zoning. Mr. Harold Kronke, the applicant, was the next speaker in favor of this application. Mr. Kronke pointed out that on and off ramps from I.H. 37 are planned at McKinzie Road which will increase traffic in this area; widening of McKinzie Road is also planned; and again mentioned the large number of residences that are planned for this area. He stated that with this increase in residents and the number of residents in the Castle River Subdivision, he feels that a strip shopping center is definitely needed. Mr. Kronke further stated that he is aware that there is opposition from the area residents but alleged that it is a well known fact that the residents of this area are frequently opposed to changes for progress. He cited as an example of this opposition that the residents of this general area are usually Minutes Special Council Meeting January 18, 1978 Page 5 not in favor of bond proposals unless they will directly benefit from the issues involved, alleging that City Manager Townsend had made a statement to this effect when he spoke to a group of citizens prior to the last bond election. Mr. Kronke mentioned the quality of the houses in the Castle River Subdivision and stated that the homes in that addition are selling very well in spite of the fact that there exists in the area what might be referred to as undesirable uses in the vicinity. He therefore stated that he did not feel that a few shops on his property would deter the sale of residential property in the area. Speaking in opposition to the application was Mr. B. E. Sanderson, 10602 Shiloh Lane, who stated that his property backs up to the applicant's property; therefore, he is opposed to the change of zoning. In regard to Mr. Kronke's statement that the citizens in this area are usually opposed to changes, Mr. Sanderson stated that a number of residents who are opposed to this application did in fact vote favorably on all of the recent bond issues and indicated that he felt that statement is completely unrelated to this zoning case. He stated that he believed that the potential customers for the proposed shopping center are too far from the subject property to find it convenient to shop there. Mr. Sanderson also stated that "B-4" zoning is already in existence in the area, but there are no plans for imminent business construction there; he objects to a shopping area being located adjacent to his property; and stated that he pur- chased his property with the understanding that the subject property would remain zoned "R -1B". Mr. Howard P. Redding, 10610 Gettysburg, was the next property owner speaking in opposition to this change of zoning. He emphasized that there are a number of firms that have gone out of business in that area and also contended that there are a large number of convenience stores in the area. Mr. Redding expressed concern that if this application is approved, additional requests for "B-1" zoning will be made. No one else spoke in regard to this application. Minutes Special Council Meeting January 18, 1978 Page 6 Motion by Sample that the hearing be closed, seconded by Diaz, and passed unanimously. Motion by Diaz that the Council accept the recommendation of the Planning Staff and that "B-4" zoning be denied but in lieu thereof approve "B-1" zoning; seconded by Sample. City Manager Townsend reminded the Council that five affirmative votes are required to override the recommendation of the Planning Commission. Mayor Luby read the recommendation of the Planning Staff which was being considered at this time by the motion. Mayor Luby ehen called for the vote on Council Member Diaz' motion to approve "B-1" zoning, and it passed unanimously. City Manager Townsend announced the public hearing on Application No. 1277-9, Mr. Robert C. Henderson and Other Property Owners, for a change of zoning from "AB" Professional Office District to "R -1B" One -Family Dwelling District on a 0.890± acre tract of land out of Lot 13, Fallin's Riverside Subdivision, located on the east side of Callicoate Road, approximately 800 feet south of Leopard Street. City Manager Townsend informed the Council that both the Planning Commis- sion and the Planning Staff recommend approval. He stated that in reponse to the notices of the public hearing, one in opposition and two in favor had been returned. Mr. Townsend stated that the notice in opposition was from Mr. Alfred Edge, who is the owner of the subject property; therefore, the 20% rule is in effect. Chief Planner Wenger located the area on the zoning and land use map; des- cribed the land use in the surrounding area, which is predominately residential; and showed slides of the area. Mr. Wenger explained that the request for change of zoning from "AB" to "R -1B" was filed as a result of a recent application for apartment zoning on a lot adjacent to the north. Council Member Diaz asked for an explanation as to how someone other than the owner of a particular piece of property could apply to change the zoning. City Manager Townsend replied that this can be done legally. Minutes Special Council Meeting January 18, 1978 Page 7 Speaking on behalf of the thirteen property owners involved in the appli- cation was Mr. George Ernst, who explained that at the time the application for apartment zoning was made on a lot adjacent to the north which would allow some 40 apartment units to be constructed on the two lots, most of the residents were opposed to the apartment zoning. They therefore instigated this request for downzoning this lot to protect the owners in this area. Mr. Ernst further explained that there is no sewer service in the area; traffic congestion would result on Callicoate Road; and if apartment units are built, they would infringe on their privacy. Mr. Ernst stated that most of the lots in this area are quite large and the owners enjoy suburban type of living and are able to keep horses on their property. No one spoke in opposition to this application. Motion by Sample that the hearing be closed, seconded by Lozano, and passed unanimously. Motion by Sample that the Council accept the recommendation of the Plan- ning Commission and the zoning be changed from "AB" to "R -1B"; seconded by Diaz. Council Member Gulley stated that he did not feel that it is fair that other people should be able to change the zoning on someone else's property. City Manager Townsend pointed out that the Council would actually be the ones to change the zoning -- the adjacent property owners just submitted the request. Mayor Luby disagreed with Council Member Gulley and stated that he feels that the residents in the area do have the right to protect their property through proper zoning in the area. Mayor Luby called for the vote on Council Member Sample's motion to change the zoning to "R -1B", and it passed by the following vote: Luby, de Ases, Diaz, Gill, Lozano and Sample voting "Aye"; Gulley voting "Nay". City Manager Townsend announced the public hearing on Application No. 1277-10, Doctors Building Hospital, Inc., for a change of zoning from "B-1" Minutes Special Council Meeting January 18, 1978 Page 8 Neighborhood Business District to "B-4" General Business District on a 1.994± acre tract of land out of Lot 1-R, H.E. Butt Tract, located at the southwest corner of South Alameda Street and Texan Trail. City Manager Townsend informed the Council that the Planning Commission recommends approval, and the Planning Staff recommends denial on the basis that "B-4" would allow more intense uses in the area; however, if the staff were instructed to downzone based on the letter from the developers that they agree to the downzoning if construction has not commenced within one year, then the staff would recommend approval. Mr. Townsend stated that such a letter has been amended as suggested and is in the Planning Staff's files. Mr. Townsend stated that in response to the notices of the public hear- ing, four in favor and none in opposition had been returned. Chief Planner Wenger located the area on the zoning and land use map; described the land use in the surrounding area; showed slides of the area; and stated that a hospital can be constructed in "B-1" zoning, but the applicant desires to build a taller building than is allowed under this zoning; therefore, they have requested "B-4" zoning. Council Member Gill inquired if the letter is legally enforceable. City Manager Townsend replied that the letter indicates the applicant's agreement to those terms and states that they will not oppose the downzoning, but the City Staff will initiate the downzoning process if this becomes necessary. Council Member Gill asked how many stories were planned for the hospital, and Mr. Wenger informed her that six stories are planned. No one appeared in opposition to this request. Motion by Sample that the hearing be closed, seconded by Diaz, and passed unanimously. Motion by Gulley that the Council concur with the Planning Commission's recommendation and the zoning be changed to "B-4"; seconded by Diaz; and passed unanimously. Minutes Special Council Meeting January 18, 1978 Page 9 City Manager Townsend announced the public hearing on Application No. C1277-12, City of Corpus Christi, for a change of zoning from "R -1B" One -Family Dwelling District to "I-2" Light Industrial District on a 26.0± acre tract of land out of Lots 3 and 4, Section 7, Bohemian Colony Lands, located at the north- west corner of Ayers Street and Saratoga Boulevard. City Manager Townsend informed the Council that the Planning Commission recommends approval, and the Planning Staff also recommends approval to eliminate residential development under the high noise flight pattern of Cabaniss Field. He stated that in response to the notices of the public hearing, two in favor and none in opposition had been returned. Chief Planner Wenger located the area on the zoning and land use map; described the land use in the surrounding area; showed slides of the area; and stated that this is one of a series of zoning applications to be initiated to protect Naval facilities. Speaking in opposition was Mr. Travis Bailey, owner of the property, who stated that he was not consulted on this application and that he would like to have "B-4" zoning on the portion of the tract at the corner of Ayers Street and Saratoga Boulevard. Mr. Bailey indicated that this zoning would provide better sales appeal. City Manager Townsend inquired of Mr. Bailey if he would accept "B-3" zoning on this portion since this allows every use allowed under "B-4" with the exception of residential uses. Mr. Bailey agreed to this. Mr. Townsend explained that "B-3" zoning would accomplish the same purpose and suggested that the portion at the corner be zoned "B-3" and the portion to the north be zoned "I-2". Council Member Gulley asked why the property owner was not personally contacted prior to the initiation of the zoning application by the City. Mr. Wenger assured him that the staff usually contacts the owners of property before the City requests zoning changes; however, in this case, there was a misunderstanding in regard to the owner of the property. Minutes Special Council Meeting January 18, 1978 Page 10 Council Member Gulley urged that the property owners involved be contacted personally in the future before zoning changes are initiated. City Manager Townsend stated that the staff will attempt to do this in the future. Motion by Sample that the hearing be closed, seconded by Diaz, and passed unanimously. Motion by Gulley that the zoning on this property be changed from "R -1B" to "B-3" on the portion of the tract at the corner of Ayers Street amd Saratoga Boulevard and to "I-2" on the remainder of the tract; seconded by Sample; and passed unanimously. * * * * * * City Manager Townsend presented the ordinances effectuating the zoning changes approved. City Secretary Read polled the Council for their votes, and the following ordinances were approved: ORDINANCE NO. 14127: 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 ALLEN & CAMERON, INC. BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON AN 8.04* ACRE TRACT OF LAND OUT OF G. FARIAS GRANT, SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "B-4" GENERAL BUSINESS DISTRICT TO "R -1B" ONE -FAMILY DWELLING 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, de Ases, Diaz, Gill, Gulley, Lozano and Sample voting "Aye". ORDINANCE NO. 14128: 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 HAROLD KRONKE BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON A 3.851:ACRE TRACT OF LAND OUT OF THE McKINZIE 124.12 ACRE TRACT, SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "R -1B" ONE -FAMILY DWELLING DISTRICT TO "B-1" NEIGHBOR- HOOD 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, de Ases, Diaz, Gill, Gulley, Lozano and Sample voting "Aye". ORDINANCE NO. 14129: 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 ROBERT C. HENDERSON, ET AL BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON A 0.890± Minutes Special Council Meeting January 18, 1978 Page 11 ACRE TRACT OF LAND OUT OF LOT 13, FALLIN'S RIVERSIDE SUBDIVISION, SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "AB" PROFESSIONAL OFFICE DISTRICT TO "R -1B" ONE -FAMILY DWELLING 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 follow- ing vote: Luby,de Ases,Diaz,Gill,Lozano and Sample voting "Aye"; Gulley voting "Nay". ORDINANCE NO. 14130: 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 $EQ, 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 DOCTORS BUILDING HOSPITAL, INC., BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON A 1.994t ACRE TRACT OF LAND OUT OF LOT 1-R, H.E. BUTT TRACT, SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "B-1" NEIGHBORHOOD BUSINESS DISTRICT TO "B-4" GENERAL 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, de Asea, Diaz, Gill, Gulley, Lozano and Sample voting "Aye", There being no further business to come before the Council, Mayor Luby declared the Special Council Meeting adjourned at 5:20 p.m. January 18, 1978.