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HomeMy WebLinkAboutMinutes City Council - 04/05/1978 - SpecialPRESENT: Mayor Gabe Lozano, Sr. Mayor Pro Tem Bob Gulley Council Members: David Diaz Ruth Gill Joe Holt Tony Juarez, Jr. Edward L. Sample ti MINUTES CITY OF CORPUS CHRISTI, TEXAS SPECIAL COUNCIL MEETING APRIL 5, 1978 3:30 P.M. City Manager R. Marvin Townsend City Attorney J. Bruce Aycock City Secretary Bill G. Read Mayor Gabe Lozano, Sr. called the meeting to order in the Council Chamber of City Hall. City Secretary Bill G. Read stated that the necessary quorum was present to conduct a legally constituted meeting. City Manager R. Marvin Townsend announced the public hearing on Application No. 278-10, Mr. William E. Colson, for a change of zoning from "R -1B" One -family Dwelling District to "8-1" Neighborhood Business District on Lots 3, 4, east 60' of Lot 5, west 10' of Lot 8, east 60' of Lot 9, and Lot 36, Block 2, Koolside Addi- tion, located on the north side of McArdle Road and on the west side of Dorthy Drive, between Cordelia Street and McArdle Road. City Manager Townsend informed the Council that the Planning Commission recommended that "8-1" be denied but in lieu thereof "AB" be approved on Lots 3, 4, east 60' of Lot 5, west 10' of Lot 8, and east 60' of Lot 9, and that Lot 36 remain "R -1B"•, and the Planning Staff recommended that "B-1" be denied on the four lots fronting on McArdle Road and in lieu thereof "AB" be approved and that the lot fronting on Dorthy Street remain "R -1B". Mr. Townsend stated that in response to the notices of the public hearing, six in opposition and two 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 explained that four of the lots have residences on them; four of the lots front on McArdle and one fronts on Dorthy Street. Mayor Lozano called on the applicant to speak. Minutes Special Council Meeting April 5, 1978 Page 2 Mr. Virgil Howard, Attorney representing the applicant, addressed the sub- ject of what would be acceptable zoning to the applicant. He stated that the applicant did not feel that "AB" zoning would allow the best use of the property. Mr. Howard referred to•the proposed shopping mall that will be constructed across the street from this property, which was approved by the Council and which is adja- cent to residential use. He contended that the character of the neighborhood has changed within the past few years; there is a car wash adjacent to the property on Dorthy Street and three of the lots on McArdle Road; "B-1" zoning, which is neighborhood business use, requires the same amount of parking space as "AB" zoning; and he felt that "B-1" use would be proper on the subject property. Mr. Howard referred to the discussion related to the public hearing on the shopping mall at which time the widening of McArdle Road was discussed. He stated that he feels that there is a shortage of "B-1" type of zoning and that this would be the most appropriate use of this property, since it is obvious that it is not suitable for residences in view of the extensive business zoning in the area. Also speaking in favor of this change of zoning was the applicant, Mrs. William E. Colson, Route 1, Box 131H. Mrs. Colson stated that she and her husband purchased this property as rental property, but they have had,difficulty in keep- ing the houses rented because of the traffic problem; vandalism exists since the houses are frequently vacant; and they are requesting "B-1" zoning because they feel that this would be the beat use of the property. Speaking in opposition to the application was Mr. W. S. Wallis, 5731 Cordelia, who expressed the opinion that there are already too many shopping centers in the area, and additional business zoning will decrease their property values. Mr. Wallis also contended that the water pressure and the mains are already inadequate, and that the rent houses owned by the applicant are rundown. Council Member Holt asked about the response from the owners of the three houses between the lots fronting on McArdle Road. Mr. Wenger replied that two , of the owners had responded in opposition and one in favor. is Minutes Special Council Meeting April 5, 1978 Page 3 The next property owner speaking in opposition was Mr. Paul E. Voyles, 5726 Cordelia, who objected to further encroachment into this residential area and mentioned the heavy traffic in the area. Also speaking in opposition was Mr. Floyd H. Jaeger, 5622 McArdle, who stated that he had purchased his home for a retirement residence and now he is being faced with numerous business encroachment and increasing traffic. He stated that he understood that it will be four or five years before McArdle Road is improved and suggested that no more property be zoned for business use until the street is improved. Council Member Diaz inquired about the width of McArdle Road after it is improved, and City Manager Townsend stated that the plans right now are to have one lane each way with a turn lane, but the street cannot be improved until the sewer line is improved. City Manager Townsend informed the Council that the 20% rule is not in effect, but it is very close. Speaking in favor of the application was Mrs. Doris Freer, Realtor, 4707 Everhart Plaza, who stated that her company has been listing property that abuts the Colson property and confirmed that this property is very difficult to sell or rent for residential use. She stated that she felt that "B-1" zoning would be appropriate because there is a need and demand for neighborhood business use. Mr. M. P. Gage, Realtor, stated that he has had a listing on the Colson property for a year and has not been able to sell it for residential use. Mr. Gage expressed the opinion that "B-1" zoning would be ideal for buffer zoning between the "R -1B" and "B-4" zoning in the area. Mr. Ben Donnell, representative of the Planning Commission, stated that there is no doubt that these lots are not suitable for residential use in view of the fact that the large shopping mall will be located across the street. He indicated that the Commission felt that "AB" zoning will protect the subdivision to the north of this property. Council Member Holt asked Mr. Donnell if he felt that it was a good idea to zone 3 lots "AB", skip 3 lots, and zone additional lots "AB". Mr. Donnell • M. .ds Special Council Meeting April 5, 1978 Page 4 indicated that if the "AB" zoning is granted, it will not be long before the owners of the other lots will also request "AB" zoning, but the Planning Commission has not made any recommendations as to how far "AB" zoning should be extended down the street. Motion by Gulley that the hearing be closed; seconded by Sample; and passed unanimously. Motion by Holt that the Council concur with the recommendation of the Planning Commission and the "B-1" zoning be denied but in lieu thereof, "AB" be approved on Lots 3, 4, east 60' of Lot 5, west 10' of Lot 8, and east 60' of Lot 9, and that Lot 36 remain "R -1B"; seconded by Gulley; and passed unanimously. City Manager Townsend announced the Public Hearing on Application No.378-1, Country Club Seville Partners, for a change of zoning from "A-1" Apartment House District to "A-2" Apartment House District on an 8.26± acre tract of land out of Lots 25 and 26, Section 4, Flour Bluff and Encinal Farm and Garden Tracts, located on the north side of Saratoga Boulevard (S.H. 11357), approximately 600 feet west of South Staples Street. Mr. Townsend informed the Council that the Planning Commission recommends denial but in lieu thereof a special permit be approved for an apartment project to be constructed in accordance with the site plan presented with a density of 24 units per acre, and the Planning Staff recommends denial on the basis that it would be an undue concentration of population. City Manager Townsend also stated that in•response to the notices of the 'public hearing, 1 in opposition and 5 in favor had been returned. Chief Planner Wenger located the area on the zoning and land use map, des- cribed the land use in the surrounding area, and showed slides of the area. Mayor Pro Tem Gulley invited the applicant to speak in regard to the project. Mr. David Coover, Jr.,Attorney representing the applicant, stated that the proposed construction is for a high-priced project with expensive apartments; the plan presented to the Council calls for 200 units on this tract of land, which is Minutes Special Council Meeting April 5, 1978 Page 5 more than allowed in "A-1" zoning but considerably less than allowed in "A-2" zon- ing. Mr. Coover stated that the applicant is agreeable to the special permit as recommended by the Commission. Re stated that he had met with representatives of the Corpus Christi Country Club, whose property is adjacent to this tract, and they have indicated that the special permit would be acceptable to them. Mr. Coover displayed architectural drawings which showed the type of structure that will be built and assured the Council that the units had been planned for aesthetic beauty. He stated that since the apartment units will be expensive, the owners feel that they must make the best use of the land, and the "A-1" zoning will not allow enough units for the project to be profitable. No one spoke in opposition to the application. Motion by Sample that the hearing be closed; seconded by Diaz; and passed unanimously. Motion by Juarez that the Council concur with the recommendation of the Planning Commission and deny the zoning of "A-2", but in lieu thereof, approve a special permit for an apartment project to be constructed in accordance with the site plan presented with a density of 24 units per acre; seconded by Gulley; and passed by the following vote: Lozano, Gulley, Diaz, Gill, Juarez and Sample voting "Aye"; Holt, abstaining. * * * * * * City Manager Townsend announced the public hearing on Application No. 378-2, Mr. Leslie Simon et al, for a change of zoning from "F -R" Farm -Rural to "A-2" Apartment House District on Tracts B and C, Block 13, Lokey Subdivision, located on the north side of Wooldridge Road, approximately 2,110 feet east of South Staples Street. Mr. Townsend stated that the Planning Commission recommends denial but in lieu thereof, "A-1" be approved, and the Planning Staff recommends denial on the basis that this area is in the process of being developed with a residential subdivision immediately to the east and "A-2" would permit a very high.concentra- tion of population. City Manager Townsend informed the Council that in response to the notices of the public hearing, one in favor had been returned. i! • Minutes Special Council Meeting April 5, 1978 Page 6 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. No one spoke in opposition to this application. Mr. Gene McCall, representing the applicants, stated that the owners would agree to the zoning of "A-1" as recommended by the Planning Commission. Motion by Diaz that the hearing be closed; seconded by Sample; and passed unanimously. Motion by Sample that the Council concur with the recommendation of the Planning Commission and the zoning of "A-2" be denied, but in lieu thereof, approve the zoning of "A-1"; seconded by Diaz; and passed unanimously. Mayor Lozano declared the Special Council Meeting adjourned at 4:55 p.m. April 5, 1978. NOTE: The ordinances effectuating the changes of zoning approved during the pre- ceding public hearings were passed during the Regular Council Meeting of the same date. 1