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HomeMy WebLinkAboutMinutes City Council - 05/23/1979 - SpecialPRESENT: MINUTES CITY OF CORPUS CHRISTI, TEXAS SPECIAL COUNCIL MEETING MAY 23, 1979 3:30 P.M. Mayor Luther Jones Mayor Pro Tem Edward L. Sample Council Members: Dr. Jack Best David Diaz Jack K. Dumphy Betty N. Turner Cliff Zarsky City Manager R. Marvin Townsend City Attorney J. Bruce Aycock City Secretary Bill G. Read Mayor Luther Jones called the meeting to order in the Council Chambers 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 stated that the purpose of the Special Meeting was to conduct public hearings on three zoning applications. City Manager Townsend then announced the public hearing on Application No. 379-8, Roy Downer, for a change of zoning from "R -1B" One -family Dwelling District to "1-2" Light Industrial District on the north 2.5 acres of the south 7.5 acres of Lot 16, Section 52, Flour Bluff and Encinal Farm and Garden Tracts, located on the east side of Waldron Road, approximately 300 feet north of Yorktown Boulevard. Mr. Townsend informed the Council that the Planning Commission recommends denial of the "1-2" zoning but in lieu thereof, that "6-4" zoning be approved, and that the Planning Staff recommends denial on the basis that this is one of the few available areas in the Flour Bluff section of the City which may be developed with residential construction since it is not located in any of the Navy's noise zones. City Manager Townsend stated that in reponse to the notices of the public hearing, two in opposition had been returned. He then asked that Mr. Larry Wenger, Chief Planner, summarize the zoning case. Chief Planner Wenger located the area on the zoning and land use map; des- cribed the land use in the surrounding area, pointing out that the only use in the area is the property to the north which is zoned for "1-2" use, and that the rest of the land in the area is presently vacant but is zoned "R -1B"; and showed slides of the area. Mr. Wenger informed the Council that the applicant planned the con- struction of boat barns and storage units if the zoning is granted. (1in1;`19au� r Minutes Special Council Meeting May 23, 1979 Page 2 Mayor Pro Tem Sample referred to the property that is presently zoned "1-2" and inquired if this zoning was in effect prior to the entire area being zoned "R-lB." Chief Planner Wenger replied that the property was previously zoned "R -1B," but the owner requested the "1-2" zoning in order to be allowed to board horses and build storage units. He stated that this change of zoning was approved two or three years ago. Council Member Best asked about the planned usage of the property in the subject application, and Mr. Wenger replied that Mr. Downer plans to construct boat barns and storage units, which are allowed in "B-4" zoning. Mayor Jones called on the applicant to speak at this time. Mr. Roy Downer, 432 Glenmore, stated that he had applied for "1-2" zoning because he assumed that this was the type of zoning required for the planned usage but assured the Council that he would be happy with the "B-4" zoning. He pointed out that the boat barns would not require any City utilities and would, therefore, not overload the sewer system. City Manager Townsend explained to Mr. Downer that the property involved would have to be replatted, which would involve the extension of a water main. Mr. Downer stated that he understood this and planned to do this. Council Member Zarsky asked Mr. Downer if he was aware that the staff felt that this land would be more suitable for residential use, and Mr. Downer stated that he felt that the property was too deep to be practical for residential develop- ment. Mr. Downer also pointed out that there is a need for boat storage facilities in this area. City Manager Townsend also reminded Mr. Downer that if his zoning request is approved, he will be required to construct a screening fence, since his property is located in a residential area. Mr. Downer indicated that he was aware of this requirement. No one else spoke in regard to this zoning case. Motion by Diaz that the hearing be closed, seconded by Sample and passed unanimously. Motion by Diaz that the Council concur with the recommendation of the Planning Commission and deny the zoning of "1-2", but in lieu thereof, approve the zoning of "B-4"; seconded by Sample; and passed unanimously. * * * * * * * * * * * * les Special Council Meeting May 23, 1979 Page 3 City Manager Townsend announced the public hearing on Application No. C379-6, City of Corpus Christi, for a change of zoning from "B-1" Neighborhood Business District, "1-2" Light Industrial District, and "A-2" Apartment House District to "R -1B" One -family Dwelling District on all of Block 4, Lot 4, and a portion of Block 5, and Lots 27 thru 38, Block 6, Montrose Park; Lots 5 thru 16, Block A, La Bahia Addition; Lots 5 thru 62, Block 1, except the west 47 feet of Lots 34 thru 37, Lots 5 thru 62, Block 2, and all of Block 3, Lots 2 thru 7, Block 4, La Paloma Addition. Mr. Townsend explained that the property Included in the request is a large area that was Included in assessments in connection with a recent street improve- ment protect in this area, and the staff initiated the zoning request following the public hearing on the preliminary assessments in order to correct the zoning of the different property to reflect the actual usage and subsequently to reduce the amount of the assessments. City Manager Townsend informed the Council that the Planning Commission and the Planning Staff recommend approval on those lots zoned "A-2" and "1-2" and denial on those lots zoned "B-1." He stated that in response to the notices of the public hearing, 12 in favor and 5 in opposition had been returned. Mr. Townsend noted that two of the property owners who indicated opposition actually might desire that the change be approved since they had stated that they preferred that the pro- perty retain its present usage. Chief Planner Wenger located the various areas included in this request for change of zoning, explained the land use in the area, showed slides of the area, and stated that there are several non -conforming uses in the area of request which will not be affected by the change of zoning in that they will continue to be non- conforming uses. Mayor Jones clarified this statement by emphasizing that none of the busi- ness firms would have to cease operation because of approval of this change of zoning. Council Member Best noted that according to his response, Mr. Frank D. Gonzales objected to the rezoning of his lots from "B-1" to "R -1B" because he presently operates a repair business on his lots. Minutes Special Council Meeting May 23, 1979 Page 4 City Manager Townsend pointed out that the Planning Commission has recom- mended against this change of zoning on these lots. Council Member Diaz reviewed the reason for this application and stated that if the change of zoning is granted, the paving assessments for these property owners will be reduced, but the change of zoning will not affect any of the busi- nesses that are located there as non -conforming uses. Speaking in regard to this application was Mr. Frank D. Gonzales, who stated that he owns property at the intersection of Buford and Verbena Streets and that he desires to retain the "B-1" zoning. Mayor Jones assured Mr. Gonzales that this is what the Planning Commis- sion has recommended. No one else spoke in regard to this zoning case. Motion by Sample that the hearing be closed, seconded by Diaz and passed unanimously. Motion by Sample that the Council concur with the recommendation of the Planning Commission and approve the change of zoning to "R -1B" on all of the lots zoned "A-2" and "1-2" and deny the change of zoning on those lots zoned "B-1"; seconded by Diaz; and passed unanimously. * * * * * * * * * * * * City Manager Townsend announced the public hearing on Application No. C379-7, City of Corpus Christi, for a change of zoning from "B-4" General Business District to "R-iB" One -family Dwelling District on Tract 1; from "1-2" Light Indus- trial District to "A-2" Apartment House District on Tract 2; and from "1-2" Light Industrial District to "R -1B" One -family Dwelling District on Tract 3; Tract 1 being Lot 1, Block H, La Gloria Addition; Tract 2 being Lots 6 thru 10 and 16 thru 18, Block E, and Lots 16 thru 20, Block F, La Gloria Addition; Tract 3 being Lots 11 thru 15, Block E, Lots 13 thru 15, Block F, and Lots 1 thru 7, Block 1, La Gloria Addition, located on the east side of Elgin Street on both sides of Bright Street and Reyna Street. City Manager Townsend explained that the lots included in this application are in the same general area as the previous application and was initiated under the same conditions in order to effectuate a reduction in paving assessments. .tes Special Council Meeting May 23, 1979 Page 5 Mr. Townsend informed the Council that the Planning Commission recommends approval of "R -1B" on Tract 1; approval of "A-2" on Lots 18, 19 and 20, Block F, but denial on the remaining lots and in lieu thereof grant "R -1B" with the excep- tion of Lots 6 and 7, Block E, which shall remain "1-2" on Tract 2; and approval of "R -1B" on Tract 3, except for Lots 11, 13 and 15, Block E, and in lieu thereof, grant "B-1" for Lot 11. Chief Planner Wenger located the three separate tracts Included in the area of request, described the land use in the surrounding area, and showed slides of the area. City Manager Townsend stated that letters in favor of this zoning change had been received from Mrs. Nellie B. Gennaway, Mr. Ray S. Garza, and Mr. Amador C. Garcia. He also noted that letters of opposition had been received from Mr. Ernesto G. Pizana and from Dr. Hector P. Garcia, who owns Lots 6, 7, 8, 9 and 10. Mr. Townsend explained that Dr. Garcia was presently using Lots 6 and 7 as his office and Lot 8 is used for parking. Dr. Garcia also indicated opposition to the change of zoning for Lots 8 and 9 because he plans to construct a National Archives and Historical Foundation of the American GI Forum at that location and he understood that he could not do so under the zoning of "R -1B." City Manager Townsend explained that a member of the staff had contacted Dr. Garcia, informed him that he could build the foundation building on property zoned "R -1B", and Dr. Garcia had then withdrawn his opposition. Mayor Jones inquired about the reason this application was initiated. Mr. Wenger replied that this is to correct the different zoning to reflect the current use and it was initiated as a result of a petition from property owners at the assessment hearing in order to effect a reduction in their assess- ments. Council Member Zarsky inquired as to how these categories were originally designated for this area. City Manager Townsend replied that a number of years ago when zoning maps were adopted, a large part of the City was zoned "A-2". Mayor Jones asked if any of the property owners who have residences located on their property will be adversely affected if the zoning Is changed. Minutes Special Council Meeting May 23, 1979 Page 6 Chief Planner Wenger explained that some businesses are located in the area, and the Planning Commission has recommended that these lots be omitted from the change of zoning, and the property owners who own lots on which residences are located will benefit from the zoning changes In that their paving assessments can be reduced. Mayor Jones then invited those who wished to speak in regard to this appli- cation to do so at this time. Mr. Conrado Villarreal, 3049 Reyna Street, stated that the property that he owns is included in Tract 1. He stated that he has resided at this location for 30 years; he feels that there are already too many people in the neighborhood; and he is therefore opposed to the zoning of "A-2" because it would allow more density in the already crowded neighborhood. He explained that his property is zoned "B-4" which is more valuable than property that is zoned "R -1B." Mr. Villarreal then pre- sented a petition, which he stated was signed by two-thirds of the property owners in the area, who are opposed to the change of zoning contemplated for Tract 1 and Tract 2 but do not object to the change of zoning from "1-2" to "R-lB" on Tract 3. After a discussion of the zoning in this area, City Manager Townsend again pointed out that the only reason the application is before the Council was to reduce the paving assessments. Mr. Villarreal assured the Council that he is willing to pay the higher paving assessments if he is allowed to retain the "B-4" zoning on his property, even though he has no intention of ever having a business located there. Mr. Villarreal informed the Council that the reason he wishes to retain the "B-4" zon- ing is because he feels that if he decided to sell the property, he would receive more for it. Mr. Tony Bonilla, Attorney, 2590 Morgan Avenue, stated that he is appear- ing on behalf of Mr. and Mrs. Juan Vela, who are the owners of the auto parts store and one other lot across the street. Mr. Bonilla stated that Mr. and Mrs. Vela are opposed to the change of zoning for their property; they understand the paving assessment aspect and are willing to pay the higher assessment; and they do not feel that they will benefit from this change of zoning. Mr. Bonilla also _es Special Council Meeting May 23, 1979 Page 7 pointed out that the Planning Commission recommended that the "1-2" zoning on his clients' property be retained and that the zoning be changed on the other lots to "R-lB". He contended that this would constitute spot zoning, which would be undesirable and would not really improve the zoning in the area. Mayor Jones inquired as to how this change of zoning would be detrimental to Mr. Bonilla's clients. Mr. Bonilla replied that it would not affect them from a tax standpoint, but if they desired to sell the property in the future, they might be able to obtain a better price if the property is zoned "1-2." City Manager Townsend summarized by stating that this application is being considered by the Council as a result of a petition signed by property owners requesting the change of zoning. Mr. Townsend stated that he feels that mis- understandings have developed in regard to the entire matter in that obviously, some of those who signed the original petition are now under the impression that if the property in this area is sold, more profit would be realized if the zoning is higher. He explained that the staff does not feel that there is any demand for business or industrial property in this area. Mr. Townsend reiterated that the only reason the application is being considered is in order to reduce the paving assessments. He suggested that because of the misunderstandings, it might be advisable to table the matter until staff members have an opportunity to con- tact all of the property owners involved to be sure that they really understand the situation. Motion by Turner that this application be tabled until the staff has time to discuss the zoning with the property owners, seconded by Zarsky. Council Member Diaz suggested that another neighborhood hearing be con- ducted so that the property owners will have an opportunity to understand just what the staff is attempting to accomplish. Mayor Jones called for the vote on Council Member Turner's motion to table the application, and it passed unanimously. Mayor Pro Tem Sample asked for suggestions as to just what steps the City should take next in regard to this application. Minutes Special Council Meeting May 23, 1979 Page 8 City Manager Townsend informed the Council that the personnel of the Volun- tary Paving Section of the Engineering and Physical Development Department are in the process of obtaining signatures on the assessment contracts, and they should be in a position to determine if the property owners involved have changed their minds about the lower assessments as a result of changes of zoning. Mr. Townsend expressed the opinion that possibly some property owners have been informed that there is something wrong with this application for a change of zoning. Mrs. Juan Vela commented that most of the people in the area have already signed their assessment contracts at the rate according to the existing zoning. City Manager Townsend stated that the staff will check this out and pro- vide further information in regard to this zoning application. There being no further business to come before the Council during the Special Council Meeting, Mayor Jones declared the meeting adjourned at 4:48 p.m., May 23, 1979.