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HomeMy WebLinkAboutMinutes City Council - 10/17/1979 - SpecialA1NUTES .w t tt'U r nx 71 TFYAS T: SP£Cre. CDC1iiC1 t. MEETII+G - 3;56 P. M. .ayOr Luther .tones 1.10 ner Pro Ten Edward L. Sample l ouncl l Members: Dr. lack Rest David Diaz Jack K. Oa phy Betty N. Turner Cliff Zarsky City Manager R. Marvin Townsend City Attorney J. Bruce Aycock City Secretary Bill G. Read Mayor Luther .cones called the meeting to order in the Council Chambers of City Hall and stated that two zoning applications will be considered. City Secretary Bi1I G. Read verified that a necessary quorum of required Charter Officers was present to conduct a legally..eonstituted meeting.• City Manager R. Marvin Townsend announced the public hearing on Applica- tib H4 979-10,: Dr -Rudolph T. Barrera, for a change of zoning from "R -IA" and »0R" One-famliy Dwelling District to "Al" - Apartment House District on Lots 15 • • tltiru'3 .Block 3, Edgewater Terrace, and a portion of Lots 1, 2, 12 and 13, Section •j E1ntr Bluff and Encinal Farm and Garden Tracts, located on the south side of Oso Road;.approximately 350 feet east of Glenmore Street. Mr. Townsend° informed the Council that the Planning Commission recommends ,approval and the Planning Staff recommends denial. He stated that there was nu •pointed-e respanse to the not-iCas Of the pubic tearing:--tT=_--nage,r, - chat h e `tract- t;--locatio-of-the. old _golf driving range. , He then asked H Larry -Wenger, Chief Planner. to -summarize the case. • thief•Planar Wenger located the arca on the zoning and land use map, described t.'be land use in the surrounding area, showed slides of the -area, and lnfoirmerA the Council that the applicant plans the deveiagrnerit of townhouses, con- —41cj in`ic ar sili$7.i•,i itt3-on ` s. _ ..- - - �.._• ,- — --- Council Member 'est questioned the e[evatlon of this tract of land -and the fact that it is :n the €loodplain. L+ty Maeeeer Tawnsend.explained first that the City has vezn -lR pre - cess of acquiring all of this land because it is in the area of the [so Sewer Pia t; it i5 a low-lying area which must be filled to 12 -foot elevation or the i elef $pmc i at C- u-lsr i t ti4tt in; Otte -ter 17, 1379 Feat 2 first floor of any structure rust be 12 feet above mean sea level; sand there are access probiees because although a 51 -foot right-of-way was dedicated for Del O o Road menu years ago. it was never developed. He further stated that if Del Osso Road were extended to Gienrere Street, it would cut across a portion of the No. 1 fairway of the Cao Golf Course and if it were extended to Ennis Joslin Road, a 5 -root dedication would be required from Or. Barrera. City Manager Townsend reiterated that the City has not attempted to acquire this ,. 1,...,n.144. it ..Ai fnrreerty used as a golf driving range, which was good use of this land, but the staff does object to the location of large numbers of people on top of a natural drainage way. Me also pointed out that this would be unsuitable for apartments ar condominiums because of the offensive odors generated by the sewer plant. Mayor Jones inquired about the number of units planned for this site, and Mr. Wenger stated that the application did not indicate the number. Mayor Pro Tem Sample noted that the Planning Commission recommends appro- val of this zoning application and inquired as to whether or not they had any suggestions for the drainage problem_ Mr. Wenger stated that the Planning Commission was aware of the drainage problem and the low elevation. Mr. Jim Mowry, representing the Planning Commission, stated that this tract is much lower than his house on Sahara, but he does not feel that Dr. Barrera should be punished because of the floodplain, Mayor Pro Ten Sample expressed the opinion that the Council should be concerned about what will happen to the people who purchase coiidoinlnT ra OF houses there. Hr. Mowry noted that the developer will have to comply with the Building Division requirements and this should provide assurance as to the specifications for the structures. Mayor Pro Tem Sample stated that he would like to know haw they pian to drain the tract. mr. W. J, Hutto, attorney representing the applicant, stated that the drainage was discu.saed with the Flaw -45.9 Commission; he agrees that the drallage 706.esaw *vele Wessel Meet 1ag g_tober1�t pmbiem will have to be resuieed by the developer; and noted that they ere only asking far a simpie zoning t_flAtRi e. nr, autto nested Char rill: property is aircnsi.f zoned for louses, and the owner just plans to construct towinhou$e5 or condominiums, and even if the zoning change is not approved, it is possible that people would be residing an this tract, He expressed the opinion that the drainage is an engineer- ing problem that can be resolved. Mayor Sones questioned lir. Netto about access to the property, and Kr. Hutto replied that Gienmore Avenue and Del Oso load could provide access. Council Member Zarsky inquired if these roads are paved acceptably and if, the improvements needed on these streets would require expenditure by the City. . City Manager Townsend replied that these questions are goi::g..to.be,4 ffi-"--.-- cult to resolve and explained that Glenmore Avenue actually comprises the entrance to the golf course and ends at the golf clubhouse. He stated that this portion of the Street has not been officially closed. Nr. Townsend further informed the _ Council that the unused portion of Del also Road extends to the subject property. Council Member Zarsky again asked about the responsibility the City would have to provide ingress and egress to this property. City Manager Townsend stated that this would be a major Issue that would have to be resolved as to whose obligation it is to extend that street to Alameda; Class .w -l. -beefs opened es am improved street; and the City does not open_ .. ... haproved''"s'ti-gets to private `sots because his is the developer's probieM....,.. Hr. Hutto further stated that he felt that a golf course Is ideal for the pians theme have for.,this property;- Pharaoh Country Club and 'Corpus Christi„€ouritry._. Club both have housing developments around them; and this owner just wants to do the same thing that has been done In those areas. Mr. Hutto stated:that they do - not Teed, ti:.af the acceit-Oebbiee is relevant at -this time because; the ptan- t - $pend a'large else to build the road, which would be advantageous to "tie City.;..He t .the:,1�ds. tier 1.3.addr s_.dlj.ni these Problems eed ,sated tJmt tiler. elan to spend Moist 5_ ei I lion on this development. Mr. Mixon Welsh, engineer for Dr. Barrera, addressed the Council and stated that there is a natural drainage easement through the southern half of this property reel_ Minutes %epochal Council sleeting October 17. 1973 which, is a drainage lav for the Cit_; a dike was built to separate this southern .,r the AevelopoemI rn..irl h. built ps3ri ;4m sauce circ s�rfc�a -. 6.5.-..'_ t. pre --rte; ---- - r ._. - ._ on stilts since it is in the floodplain; or they pian to excavate ponds and use this dirt to raise the elevation of the building site. Mr. Welsh informed the Council that they were aware of the fact that they have to build at elevation of 12 feet and pointed out that structures could be constructed here as well as they have been on Corpus Christi Beach. ilayor Jones questioned Mr. Welsh shout the planned elevation for the streets proposed in the development, and Mr. Welsh stated that they would probably limit the lowest street elevation to 4 or 5 feet. Mayor Jones expresses , _ __ n about the press€bi lity.of: f1,00.d.ine._ Dr. Darrera, the applicant, stated that the City has had"some 10 -inch rains since he purchased this property and it has never flooded. Mr. Welsh stated that the developer plans to construct about 80 units, but City Manager Townsend pointed out that the acreage would allow for 250 units.. Mr. Townsend also pointed out that the City has two large sewer lines on this property; there are two manholes located at the lowest points; and they frequently overflow. No one else spoke in regard to this application. Motion -by #;t a that hearlog •• rinsed, seconded.by..SamoIe_and-passed --'o ..onanisousiy: Motion by Diaz that the Council concur with the recommendation of the Plan ning Coroisslon and approve the zoning of "A -1i° for ApplicationMo. '979 -lel 'seconded by Zarsky. Mayor Jones expressed concern about the possible flooding of this area since there is apparently no way to control the constructIort. so stats that he- - feels that this property Swill be a problem to, develop. City y Towmvand ampfaaae4 the *pinion that he did .not think the Planning Commission had foreseer, all of the problems when they recomp3eeeed spproeel . me stated that the Planning Commission Is the group that has to approve the plat and ho fully, they will not approve the plat sinless the roads and the dralnsce are worked nutproperly, but it is questionable whether or not the staff or anyone • f minutes Special Council Reesi% October lj, 1979 Page S can insure that the property will not flood. Council Member Zarsky noted that there are no requirements perteinios to the elevations of the street, and that it seemed to him that any tending agency would be concerned about the elevation. Mayor Jones expressed the opinion that the Council should protect citizens from the type of flooding that might occur on this property and that they should also consider the effect such development would have on the public Oso Golf Course. City Manager Townsend reiterated that the City previously had plans to acquire this property, but not by condemnation procedures; the Property and Land Acquisition staff has discussed the possibility of acquiring this land with Dr. Bartera;.but has been unable to do so. Mayor Jones then called for the vote on the motion to approve this' request,` and it passed by the following vote: Best, Diaz, Dumphy and Zarsky voting "Aye"; Jones voting'"May"; Sample, abstaining; and Turner disqualifying herself from voting because of a possible conflict of interest. Mayor Pro Tem Sample explained that he abstained from voting because he has same very serious reservations on behalf of -the future occupants of the units tobe built, and if they have problems with drainage, offensive odors and access to the property, they will feel that the City Council that approved this zoning IS responsible.. i:ouncir- Me r ]kuniph 'expressed the dptniori that if the Mayor's–concerns on this project are not going -to be handled by the -City's present procedures in == 4 type €=sat• at1on,•then- ordinances. .be _passed or.the procedures. changed.. SO that thtre'will be assurances that the property will be developed properly, j City Amager Townsend informed Mr. Dumphy that the control is in the zoning . d_ f ldnri1g. Coe*5i.Ssion,-Process, through _the approval of_ plats. Council fiembeT has.ized that -if- the-Lfty-Js no p —uteci d- naw - - thropgh the proper.prdcedures, then thee -City Manager should nuke some recomnenda- t tort* tt thus C the Methods nae, beiTA_bred so that the 1'outic i 1...can be _assured - that citizens will be protected. Mayor Jones inquired if the Council can require that plats come back to the CTy Ccui1cT1 roe approval rather than being approved- by the Planning Canalssion. Gleam s SPeeat Caw'n itMeeeing October 17, 1979 Page €s City Manager Townsend assured -the Council that the staff can certainly pre - Sant reccomeneations t* the effect that certain types of Plat$ should come back to the council for their approval. Mayor ?ones stated that he would like to have this zoning application's property development plan coxae back to the Council to assure that the streets, access end drainage a problemsa have bees„__ rPCol',ed_ Mr. Wenger noted that according to the ordinances that are in existence at this time, there are .-_ requirements for flood elevations. City Manager Townsend assured Mawr Jones that this matter will be before, _ the Council in the future. Mayor Jones announced• the public hearing on Application Na- 975-11, Champlin Petroleum Company, for a change of zoning from "A-1" Apartment house District to "B-1" Neighborhood Business District on Lots 1, 2, 3, 18, 19 and 20, Block 4, Sunset Place, located on the east side of Nueces Bay Boulevard between Dempsey and Nueces Streets. City Manager -Townsend explained to the Council that the PlanningCommis- sion .recommends denial of the requested zoning, but in lieu thereof, that a special permit be granted for a parking lot, acid the Planning Staff recommends denial on the basis that the subject property is not a proper location for business 3904:0-*ir th, .� ►h .no,lu€f.r between ilia regiiesfed= fr-On-adjacent : p residences. He stated that in response to the notices of the public hearing, In-oFpos tion -had -beer-rttt-i ned; ChiefPlannr_-inger located the area,.on-the zoning and iand use ma,_ described the land use in the surrounding area, showed slides of the area; and crafek hat= thecadtlemof . the ._pp erty _Oar' _the- rnastrUctiM_a#'._ .Pi_Nrkirnu lot far. -. _ theirmployees.' Mayor Jones called for comments from the members -Of the audience:.. .. _- eskring7te ugp-oil"ti-o'to €-:ZPning request -was -ir 7Tn iny' i tfer; fills Dempsey, whip stated that his residence is located adjacent to the subject property and that his primary concern is tha safety of the many children playing near the exit of the parking lot. de noted that when people depart the parking lot. th.•j have a tendency to speed. He then presented the Council with a petition containing it signatures of people residieg in the area who are opposed to the change of zoning. City Manager Towesecd informed the Council that on the basis of that peti- tion, the ?D% rule is i;n effect on this case. - Also speaking In opposition to the change of zoning was Mrs. Lillian Lewis, who stated that her home is very close to Champlin Petroleum and she objects to the location of a parking lot there_ Council Member Turner pointed out that the applicant plans to construct a parking lot on the vacant lot that is located there, which should eliminate some of the on -street parking that is now occurring in that neighborhood. Council Member Diaz expressed concern about the statement made by Mr. Butler that cars speed in that area as they leave the plant. Mr. Butler stated that he has frequently seen such incidents of speeding and noted that he had suggested at another time that the refineries In that area stagger their closing times to help eliminate some of the excessive traffic. Speaking on behalf of Champlin Petroleum was Mr. Gene Urban of Urban Engineering. He displayed an aerial photograph of the area and assured the Council Ak4 that the applicant is just planning to construct a parking lot so that vehicles will no longer be parked on public streets because they feel that these cars are more of a danger than a parking lot would be. fir. Urban presented the proposed plan which will remove the entrance and exits from residential streets and .will direct most t •: a# 4c ntv. es-Bay•'„o'levard. Heate: st. ted.€i'.at tiaey plan --t .Enstzl#:_3_ standard screening fence_ Mr. Urban informed the Council that..they are agreeable - to a special permit as recommended by the Planning Commission and stated that they: Intend to keep the lighting of the parking lot at a low level. He then introduced representatives Af Champlin Petroleum Company Rho were -present rn the audience..- Mr. K. C. McFarlane of the Chaeplie Petroleum Coepany,ststed_that .corn-' :> of i f 4.407* -R 4I3 ,-emery- -attt,lpt to rare. lwees to use, he nar[cinq lot but suggested that_ the t-lty could';instalT • Fo-Parking signs tfitithereearOy streets. City Peinaeer Tewnsend minded the aaPlicant that the l-trSt fere a -the ...-9 constructed aroused another parking lot at the refinery had barbed wire at the. It dice* SPeckla it ii lleetimg Octobar 17, 1979 Tap 8 top of it, which he felt was not very attractive in a residential neighborhood. Mr, Britten staved that the btitbeu wire was installed in order to discourage aodadrso. Mayor Jones asked Mrs. Lewis and Mr. Butler if they understood just what Champlin' s plans are far the property_ Mr. Butler stated that he felt that Champlin should buy the entire block so that the residential property owners could move to another area. Mrs. Lewis Indicated that she did not want to sell her property. Mrs- Lillie Pts Wilson, 3008 14ueces, Spoke in opposition to this change of zoning request and stated that employees of Southwestern Refinery do not use their parking lot but have continued to park on the neighborhood streets. She suggested that more than likely, Champlin employees will also continue to park on the streets. airs. Wilson stated that "No Parking" signs had been installed but people seem to ignore them. Mayor Jones still contended that the people in the neighborhood would benefit if the parking lot is built, and Council Member llfaz suggested that better police patrols should be provided to see that the "No Parking" signs are complied with. No oneelse spoke in regard to this application. Motion by Diaz that the hearing be closed, seconded by Zarsky and paseed unaanimnously. - ..ot#,v br FFaz that -the zoning or "D -4'r be denied on Applic.atton No. 979-11 but in lieu thereof; a special permit be granted for a parking lot; seconded -':by. Zarskyn acid passed by the fel-lowing vote: Jones, Best, Diaz, Dumphy, Turner.. Zareky voting "Aye"; Sample disqualifying himself from voting since he (s an e of ChaMpt f n petroleum Cvrnp_any *.* * * * * * * * * * * * * * .-. City °l Inger_ Townsend.. pre%ented th ,.-ord] sac s, of fectf -he*.o ,, ..- re Ary Read polled the Councll for their -votes, omit witg.ordinances were approved: t - marts Nal [iu.11 Meeting •r 17 :;1979 INAMCE: NO. 15167: NFN*1110 Tot 70m!Re n trrua e c �R a. CORPUS C rlR.1. T. Aux -7m= e.,7nn - n... .. � z �� +�v�v. -- Ir a -r,wrrc,r vn' iiic-'c�sirT�vs,i OF AUGUST. 1937. APPEARING OF RECORD IN VOt:71E 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 RUDOLPH T. BARREN AY AMENDING` THE ZONING MAP BY CHANGING THE ZONING ON LOT 15 THROUGH 23 BLOCK-; EDGEWATER TERRACE, ANDA PORTION OF LOT5 1, 2, 12 AND 13, SE_ l I f Ta, IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM.: "R -NA" AND "R-111" ONE rmitY DWELLING DISTRICT TO "A.1" 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: Best, Diaz, Dunphy, and Zarsky voting "Aye"; Jones, Sample voting"Nay", Turnec.;. "abstain1ng". ORDINANCE N0. 15168: AMENDING THE ZONING ORDINANCE OF THE CITY OF CORPUS CHRISTI ADOPTED ON THE 27141 DAY OF AUGUST, 1937, APPEARING OF RECORD IN VOLUME 9; PASES.565, ST SE.1, -O --T1iE tfRY:NAMCE AND RESOLUTION RECORDS, AS AMENDED, FROM TIME TO TIME AND PARTICULARLY AS AMENDED BY ORDINANCE 110. 6106, AS MENDED, UPON APPLICATION OF CHANPLIN PETROLEUM COMPANY BY GRANTING A SPECIAL COUNCIL PERMIT FOR A PARKING LOT ON LOTS 1, 2, 3 18, 19 ANY2o. JLOCK A, SUMET PLACE, SITUATED IN THE CITY OP CORPUS CHRISTI, NUECEITCMINTY, TEXAS, AS MORE PARTICULARLY DESCRIBED 04 THE SITE PLAN, A COPY OF WHICH 15 ATTACHED-HERETO- Am TTACHED--HERETO-AND MADE A PART HEREOF, MARKED EXHIBIT "A", SUBJECT TO THE OTHER CONDITIONS SET OUT HEREINAFTER; 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 voter. Jones, Best, Diaz, Dunphy, Turner, andZarsky voting, "Aye'.; Sample, "DisquBTifted himsel€". There being no further business to came before the Council, Mayor Jones declared them atIn adjdtwfted at 5:24 p.m., October. -17, 1979.