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HomeMy WebLinkAboutMinutes City Council - 11/08/1978 - SpecialPRESENT: Mayor Gabe Lozano, Sr. Mayor Pro Tem Bob Gulley Council Members: David Diaz Ruth Gill Joe Holt Tony Juarez, Jr. Edward L. Sample MINUTES CITY OF CORPUS CHRISTI, TEXAS SPECIAL COUNCIL MEETING NOVEMBER 8, 1978 3:35 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 Chambers of City Hall. City Secretary Bill G. Read verified that the necessary quorum of required Charter Officers was present to conduct a legally constituted meeting. Mayor Lozano stated that the purpose of the Special Council Meeting was to conduct public hearings on five zoning applications and asked City Manager R. Marvin Townsend to present the cases. City Manager Townsend announced the public hearing on Application No. 1078-2, Mr. Perry E. and Mr. Stephen L. Burkett, A Partnership, for a change of zoning from "A-2" Apartment House District to "AB" Professional Office District on a portion of Lots 2 and 10, Park Place Addition, located along the west side of South Tancahua Street, south of Agnes Street. Mr. Townsend noted that both the Planning Commission and the Planning Staff recommend approval, with the Commission recommending a waiverof the standard screening fence requirement as well. He stated that in response to the notices of the public hearing, two in favor and none in opposition 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 owners plan the construction of professional office space and they may utilize the existing structure on the tract for this purpose. City Manager Townsend called to the Council's attention the fact that Mr. Arthur Ramirez was present as a representative of the Planning Commission. No one spoke in opposition to this zoning application. Mr. Ramirez explained the Planning Commission's recommendation for appro- val by stating that this area is in a transition period, and the Commission has 80 0 4 1980 MICROFILMED Minutes Special Council Meeting November 8, 1978 Page 2 been attempting to approve zoning for property in this area for either "AB" or apartment house zoning. Mr. Ramirez also stated that the Commission had recom- mended waiving the screening fence requirement because they hope to grant "AB" zoning in the surrounding area. Motion by Sample that the hearing be closed, seconded by Holt, and passed unanimously. Motion by Holt that the Council concur with the recommendation of the Plan- ning Commission and grant approval of "AB" zoning for Application No. 1078-2, with a waiver of the standard screening fence requirement; seconded by Juarez; and passed unanimously. * * * * * * * * * * * * City Manager Townsend announced the public hearing on Application No. 1078-3, Mr. L. W. Latour, for a change of zoning from "R -1B" One -family Dwelling District to "A-1" Apartment House District on 1.± acre out of Lot 1, Section 54, Flour Bluff and Encinal Farm and Garden Tracts, located along the east side of Waldron Road approximately 470 feet south of Don Patricio Road. City Manager Townsend explained that both the Planning Commission and the Planning Staff recommend denial on the basis that the property is located within Noise Exposure Forecast 30 of the flight zone for the Naval Air Station, and the City Council by Ordinance No. 13920, passed August 31, 1977, established the policy that no increase in land use density would be permitted in those noise zones having a NEF value greater than 30 as shown in the TRACOR Study in order to protect the Navy installations. Mr. Townsend further 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, des- cribed the land use in the surrounding area, showed slides of the area, and stated that the owner planned the construction of an 18 -unit apartment project on the tract. Mayor Lozano called on the applicant to speak at this time since the recom- mendation is for denial. Mayor Lozano ascertained that the applicant was not present. Motion by Holt that the hearing be closed, seconded by Juarez, and passed unanimously. Motion by Sample that the Council concur with the recommendation of the Planning Commission and that the change of zoning for Application No. 1078-3 be denied; seconded by Holt; and passed unanimously. Minutes Special Council Meeting November 8, 1978 Page 3 City Manager Townsend announced the public hearing on Application No. C1078-4, City of Corpus Christi, for a change of zoning from "I-2" Light Industrial District to "A-2" Apartment House District on a portion of Lot 9, Section "M", Paisley's Subdivision, known as the Old Incinerator Site, located between Greenwood Drive and Elgin Street, north of Baldwin Boulevard. Mr. Townsend informed the Council that both the Planning Commission and the Planning Staff recommend approval of this change of zoning. He further stated that in response to the notices of the public hearing, three in favor and nine in opposition had been returned. City Manager Townsend expressed the opinion that the reason for so much opposition to this change of zoning is because there seems to be some misunderstanding among the property owners as to the planned use of this tract. Chief Planner Wenger located the tract on the zoning and land use map, des- cribed the land use in the surrounding area, showed slides of the area, pointed out that residential zoning exists in the area, and informed the Council that the staff had initiated this request to make the old incinerator site available for a senior citizens' housing project. Mr. Wenger also reminded the Council that the G. I. Forum had previously expressed interest in acquiring this site for a senior citi- zens' housing project and an application for funding has been submitted by that organization. City Manager Townsend noted that the streets in this area are scheduled to be improved in the very near future, and the staff would like to initiate additional zoning changes in an effort to bring about a more cohesive type neighborhood. Mayor Pro Tem Gulley expressed concern that the City would agree to sell City -owned property to any particular organization without first obtaining bids. City Manager Townsend explained that the law allows for the sale of public property to non-profit organizations without taking bids; this property has been appraised; the Council authorized the sale of this property by a resolution which designated that the property would be utilized as senior citizens' housing under the Community Development program. Mayor Pro Tem Gulley reiterated that bids should be taken on the sale of this property, because he did not feel that the best interest of the City would be served if the property is sold in the manner recommended. Minutes Special Council Meeting November 8, 1978 Page 4 Council Member Juarez suggested that possibly the property owners who had responded as being opposed to this change of zoning are not aware of what will be constructed there. City Manager Townsend agreed that evidently the property owners were not aware of the fact that a senior citizen facility will be constructed there and stated that it might be feasible not to release this land unless the use is speci- fically designated, possibly through the use of deed restrictions. Mayor Pro Tem Gulley inquired about appraisals on this property, and Mr. Ernest Briones, Director of Planning and Urban Development, replied that Mr. Ken Kohrs, Manager of the City's Property and Land Acquisition Division, had made the appraisal of the property. City Manager Townsend read the law which specifies that non-profit founda- tions may purchase municipal property without going through the bidding process. He expressed the opinion that not too many foundations would be interested in acquiring the property for development of housing for the elderly. Mr. Briones pointed out that the application to the Department of Housing and Urban Development for funding for the proposed project has already been sub- mitted with the understanding that this site will be used. Mr. Ramirez of the Planning Commission explained that the Commission had based their recommendation on the fact that the planned structure will be for the elderly and very little traffic will be generated; the members felt that the recom- mended down -zoning would improve the area; and they felt that this change of zoning would be the beginning of an effort to make the zoning more cohesive. Mayor Lozano called for comments from members of the audience who are opposed to this change of zoning. Mrs. Juan J. Vela, 3008 Reyna, informed the Council that the property owners in the area are very well aware that the G. I. Forum plans to purchase the property for the construction of housing for the elderly but that they are con- cerned that this organization will not actually build the housing as indicated and stated that the area residents feel that if apartments for families are con- structed, the traffic problems will be greatly increased. Mi n.. ues Special Council Meeting November 8, 1978 Page 5 City Manager Townsend noted that the existing zoning on the subject tract of land is "I-2", and the City could sell the property for many business uses, including possibly some objectionable uses such as bars, etc., which would not be as compatible with the neighborhood as housing for the elderly. Mrs. Vela contended that too many apartments already exist in the neigh- borhood. Mayor Pro Tem Gulley suggested that the property not be zoned "A-2" until the G. I. Forum application for funding has been approved. City Manager Townsend agreed that the application could be tabled for six months but reminded the Council that a decision on the disposition of the property must still be made. Council Member Gill pointed out that the Planning Commission has been charged with planning the land use in the entire area. Council Member Holt expressed the opinion that the property should not remain "I-2" because he felt that "A-2" zoning would be preferable for this area. Also speaking in opposition to the change of zoning was Mr. Ray Garza, 3009 Reyna Street, who stated that his objections were based on the fact that there are already ample apartments in this area. Mr. Garza stated that he had lived in the neighborhood for 30 years and he would like to see the neighborhood improved but that he objected to the proposed zoning for apartment use. Council Member Gill questioned Mr. Garza about his statement that he wants the area cleaned up and inquired if he did not think that apartments for the elderly would be an improvement of this particular tract of land. Mr. Garza expressed the concern that if the owner decides to construct apartments for families, the apartments will not be maintained as well as residen- tial property zoned for single-family dwellings. Also expressing opposition to this application was Mrs. Adla Castillo, 2802 Agarito Street. Mrs. Castillo informed the Council that she would be opposed to the construction of apartments if they are rented to families with children. Mayor Pro Tem Gulley reiterated that he felt that bids should be taken for the sale of this land. City Manager Townsend pointed out that the Council Minutes Special Council Meeting November 8, 1978 Page 6 has already acted on this site and expressed approval of the submission of an appli- cation for funding by the G. I. Forum. Mr. Townsend also emphasized that apparently the opposition has expressed concern about the quality of the planned apartments -- not the fact that apartments are contemplated for this area. Mr. Briones also informed the Council that HUD will not approve an applica- tion that involves land that is subject to approval of zoning. Council Member Holt noted that the Planning Commission has recommended approval of the zoning of "A-2" for this property, and evidently, they feel that this is the best use of the land. Motion by Gill that the hearing be closed, seconded by Juarez, and passed unanimously. Motion by Sample that the Council concur with the recommendation of the Planning Commission and approve the change of zoning to "A-2" on Application No. C1078-4; seconded by Gill; and passed unanimously. * * * * * * * * * * * * City Manager Townsend announced the public hearing on Application No. 1078-5, Mr. Byron J. Gierhart and Mr. Erik Doughty, for a change of zoning from "F -R" Farm -Rural District to "RE" Residential Estate District on Lots 5, 6 and 7, Section 37, Flour Bluff and Encinal Farm and Garden Tracts, located on the south- west corner of Caribbean Drive and Roscher Road adjacent to the Cayo del Oso. City Manager Townsend noted that both the Planning Commission and the Planning Staff recommend approval and informed the Council that in response to the notices of the public hearing, one in favor and none in opposition had been returned. Chief Planner Wenger located the subject tract on the zoning and land use map, described the land use in the surrounding area, showed slides of the area, and informed the Council that the owners plan the development of an outstanding subdivision which will have privacy and will provide maximum security. Mr. Wenger explained that the applicants plan to provide access to the subdivision from Roscher Road, and they also plan to request the closure of Caribbean Drive from Roscher Road to the City limit line. Mayor Lozano invited those who wished to speak in opposition to do so at this time. Minutes Special Council Meeting November 8, 1978 Page 7 Mr. H. Lee Baker, 6055 Rio Vista, indicated that he had a question in regard to utilities for the development such as sewer service and water, pointing out that the City has been very reluctant to provide such services to this area. Mr. Wenger replied that water service is available from Roscher Road, and septic tanks will be allowed in the subdivision since the lots are so large. City Manager Townsend further explained that the developers will have to extend the water lines to their property; septic tanks should not be a problem on lots of this size; and stated that there are no plans for sewer service for this portion of Flour Bluff. Motion by Holt that the hearing be closed, seconded by Juarez and passed unanimously. Motion by Holt that the Council concur with the recommendation of the Plan- ning Commission and approve the zoning of "RE" for Application No. 1078-5; seconded by Juarez; and passed unanimously. * * * * * * * * * * * * City Manager Townsend announced the public hearing on Application No. C1078-6, City of Corpus Christi, for a change of zoning from "I-2" Light Industrial District to "B-4" General Business District on Lots 1 thru 4, Block C, and Lots 1 thru 4, Block D, Lexington Place, located along the north side of South Padre Island Drive approximately 450 feet east of Hamlett Drive. He stated that both the Planning Commission and the Planning Staff recom- mend approval and that there was no response, either in favor or in opposition, to the notices of the public hearing. Chief Planner Wenger located the tract of land on the zoning and land use map, described the land use in the surrounding area, showed slides of the area, and informed the Council that the City has requested this change of zoning to conform with other zoning in the area. Council Member Holt inquired if the owner of the property objects to this change of zoning. Mr. Wenger replied that the owner, who resides in Dallas, was notified of the requested change of zoning; there was no response to the notice; the property is currently vacant; and the staff initiated the change of zoning to conform with the other land use. Minutes Special Council Meeting November 8, 1978 Page 8 No one spoke in regard to this zoning application. Motion by Sample that the hearing be closed, seconded by Holt, and passed unanimously. Motion by Sample that the Council concur with the recommendation of the Planning Commission and approve the zoning of "B-4" on Application No. C1078-6; seconded by Holt; and passed unanimously. ************ City Manager Townsend presented the ordinances effecting the previously approved zoning changes. City Secretary Read polled the Council for their votes, and the following ordinances were approved: ORDINANCE NO. 14612: 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 PERRY E. AND STEPHEN L. BURKETT, A PARTNERSHIP, BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON PART OF LOTS 2 AND 10, PARK PLACE ADDITION, SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "A-2" APARTMENT HOUSE DISTRICT TO "AB" PROFESSIONAL OFFICE DISTRICT, WITH A WAIVER OF THE STANDARD SCREENING FENCE REQUIREMENT; 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 passed by the following vote: Lozano, Gulley, Diaz, Gill, Holt, Juarez and Sample voting "Aye". ORDINANCE NO. 14613: 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 CITY OF CORPUS CHRISTI BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON PORTION OF LOT 9, SECTION M PAISLEY'S SUBDIVISION, SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "I-2" LIGHT INDUSTRIAL DISTRICT TO "A-2" APARTMENT HOUSE 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 passed by the following vote: Lozano, Gulley, Diaz, Gill, Holt, Juarez and Sample voting "Aye". ORDINANCE NO. 14614: 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 BYRON GIERHART AND ERIK DOUGHTY BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON LOTS 5, 6, AND 7, SECTION 37, FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS, SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "F-4" FARM RURAL DISTRICT TO "RE" RESIDENTIAL ESTATE; 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 passed by the following vote: Lozano, Gulley, Diaz, Gill, Holt, Juarez and Sample voting "Aye". . Minutes Special Council Meeting November 8, 1978 Page 9 ORDINANCE NO. 14615: 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 THE CITY OF CORPUS CHRISTI BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON LOTS 1 THROUGH 4, BLOCK C, AND LOTS 1 THROUGH 4, BLOCK D, LEXINGTON PLACE, SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "I-2" LIGHT INDUSTRIAL 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 passed by the following vote: Lozano, Gulley, Diaz, Gill, Holt, Juarez and Sample voting "Aye". * * * * * * * * * * * * There being no further business to come before the Council, on motion by Gill, seconded by Sample, and passed unanimously, the Special Council Meeting was adjourned at 5:00 p.m., November 8, 1978. DZ