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.
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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.
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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.
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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.
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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.
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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"
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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.
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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.