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HomeMy WebLinkAboutMinutes City Council - 10/29/1980 - SpecialMINUTES CITY Of CORPUS LRISTI, TEXAS SPECIAL COUNCIL *MEETING OCTOBER 29, 1980 3:30 P.M_ PRESENT: Mayor Luther Jones Mayor Pro Tea Edward L. Sample Council Members: br. Jack Best David Diaz Jack K. Dsamphy Betty- N. Turner Cliff Zarsky City Manager R. Marvin Townsend Asst. City Attorney Jay Doegey City Secretary Bill G. Read Mayor Luther Jones called the sweeting to order in the Council Chamber and stated that the purpose was to conduct public hearings on 4 zoning applications_ City Hecretary Bill C. Bead verified that a necessary quorum of the City Council and the required Charter Officers were present to conduct a legally constituted meeting. City Manager Townsend announced the public bearing on Application No. 980-15, Mr. Irving Breslau for a change of zoning from "A-2" Apartment House District to "B -l" Neighborhood Business District, located on the nest side of Nile Drive approximately 100 feet south of Padre Island Drime. Lot 2, Block 1. Lexington #3. City Manager Townsend informed the Council that both the Planning Commission and the Planning staff recommend approval and there was no response to the notices of the public hearing. Ne then asked Chief Planner, Larry Wenger, to summarize the case. Chief Planner Wenger located the area on the Zoning and Lend Use Map described the land use in the surrounding area, showed slides of the area and stated that this application was filed just to revise the zoning map to show the proper use of the property. Mayor Jones ascertained that no one in the audience wished to speak on this application. Motion by Turner that the hearing be closed; seconded by Best; and paased unanimously. Motion by Turner that the Council concur with the recommendation of the Planning Commission and grant the zoning of "B-1" on Applica- tion No, 980-15; seconded by Sample; and passed unanimously. * * * * * * * * * * nuees Special Council g Octeeer 29 &I legr $i Page 2 City Manager Townsend annnenced Che public hearing an Application &c. e80-16, Mt. Marion Sack Henry, N.D., for a change of zennng fry "RalB" One -family Dwelling District to "A-1•' Apart- ment House District lccated'on the south side of McArdle Road approximately 800' east of Rodd Field Road, Lot 4A, Block A, .Joann Tract. Mt. Townsend stated that both the Planning Commission and the Planning staff recommend approval and that in response to the notices of the public hearing, one in opposition and three in favor have been returned. Chief Planner Wenger located the area on the Zoning and Land Use Map, described the /and use in the surrounding area, showed slides of the area and explained that the appiicent ins t „ _ struction of a 30 -unit apartment project with ample parking. Mayor .Tones determined that no one in the audience desired to speak in regard to this application. Motion by Bent that the bearing be closed; seconded by Turner and passed unanimously. Motion by Turner that the Council concur with the recommendation of the Planning Commission and approve the zoning of "A -l" for Application No. 980-16; seconded by Dumphy; and passed unanimously. * * * * * * * * * * City Manager Townsend announced the public hearing on Application No. 488-17, Sitterl_ & Company for a change of zoning from "R-18" One -family Dwelling District and "A-2" Apartment House District to "I-2" Light Industrial District located on the south side of Bear Lane approximately 600' wrest of Cliff Maus Drive Tract A being 15.8 + acres and Tract B being 5.24 t acres out of Lots 1 and 2, Section 5, Range VIII Gugenheim Cohn Farm Lots. City Manager Townsend informed the Council that the Planning Commission recommended denial but in lieu thereof that the north half of Tract B be rezoned "A-2" Apartment House District, the south fF imetes Special. ticxnutet1 Meeting Cees ee 29, 1980 Pages half of Tract. B be zoned "I-2" Light Industrial District, the south half of Tract Abe zoned "I-2" Light Industrial District and the remainder of Tract A to remain "A-2" Apartment House District. He also stated that the Planning staff recommends denial. ir. Tdknsend ±iso stated that there was no response to the notices of the public hearing, but that the Planning Commission had received a letter from the West Oso Independent School District signed by the Superintendent stating that they recommended that the portion of the tract across from the school be zoned "AB" and the remainder be rezoned "I-2". Pfr. Townsend stated that this opposition does inflict the 2O7 rule. 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 explained that the Commission recommends that the north portion be zoned "A-2" and the south portion be zoned "I-2" whereas the School Board recommends "AB" on the north portion and "1-2" on the south portion. Counciimember Turner inquired if the staff recommends "A-2" zoning adjacent to "I-2" zoning and Mk. Wenger replied that they did not. However, the applicant indicated that he would not accept the Commission's reconsmended zoning. Mayor Sones called for the applicant to speak et this time. Mr. Jim Naismith. engineer on the project, displayed a map which showed the entire development which consists of 112 acres and this area of request is just a small portion of their entire property. Mr. Brian McDonough. Director of Development for Sitterle & Co. in San Antonio. stated that they currently have a tentative sales contract and it is their intent to develop the property if the drainage can be worked out. Mr. Naismith continued by stating that this project would be simffir to the proposed Industrial Commission development and he feels that there is a need for this type of industrial park. He Vinutes Special Council Mieetir.g October 29, ismt Page 4 pointed out that the ruining portion of their property Is already zoned `°I-2". ?Kr_ MtDonnugh continued by stating chat his company plans to construct a business -industrial complex that is not in this area yet. He stated that there are quite a number of this type of industrial parks in the Dallas -Fort Worth area and they want this to be an ideal type of park. He informed the Council that the structures will be masonry ox concrete. Mayor Jones acted that according to the plan, there will be three entrances from Padre Island Drive. Councilmember Turner expressed the opinion that the City needs more industrial parks and this is a logical location. She inquired of Mr. Naismith if there was any way they could locate the professional offices across from the West Oso School. Mr. McDonough replied that they could to some degree but they felt they must develop the park in a logical plan. Mk. Naismith informed the Council that the potential purchaser wishes to have the same zoning on the entire tract and he plane to start contraction on the rear area of the property. He pointed out that there has been no objection to the plan except the letter from West Oso Independent School District. and it was his understanding that the school District did not want apartments or residential zoning directly across from the high school. Councilmambsr Turner expressed concern about the access to the property and Mr. Naismith pointed out that there will be vary little traffic at the front of the tract because the heavy truck traffic would be at the rear of the prcpe ty. Mayor Jones noted that he was sure that the School District need& tax revenue and he wondered if they realized how much they could obtain in taxes if this land is developed. Councilmamber Turner inquired of the applicant if they could accept any coning leas than "I-2". natez Spacial. Ceental Meeting Octeber 29. 113+? Page aaa, aaaaaa' ra Mk.. McDonough stated ghee, could accept the '3-4" zoning along Bear ;Ark?, !layer James speculated that the School Board's recommendation of "A$" zoning for the north portion was made because of their concern about the types of businesses that could be located in "B-4" zoning. Councilmember Turner again expressed concern about the access and City Manager Townsend stated that it is usual to address the road configuration in the plat approval. He pointed out that both Bear Lane and Plato Road are major streets_ Councilmember Dumpby cemented that during the Planning Commission meeting there was a discussion about a 50' strip for a planted green axea in'front of the West Oso High School, and the Sitterle Company indicated that they would consider this. Mt. McDonough pointed out that if this property is zoned for apartmants,there will be traffic coming from the high school and they have no intention of increasing the traffic in that particular area. He stated that he felt that the 50' planted strip would decrease the value of the property in that area. City Manager Townsend reminded the Council that every high school in the City is located on a major arterial street and from the staff's standpoint, there is no problem in Bear Lane having a lot of traffic. He noted that even junior high schools are designed to function on major streets. A1eo speaking in favor of this application was Mr. W. L. Bates, real estate agent. Mt. Bates stated that this is a vary fine company from San Antonio thatdesires to develop a good industrial park and he fella that this would be a -definite asset to the City. The next speaker on this application was Mrs. Irma Juarez, representing the West Oso Independent School District. Mrs. Juarez explained that they first considered approval, of "B-4" zoning but after studying the types of business establishments that could be located in that zoning, they changed their recommendation to "AB" zoning on the portion of the tract across from West Oso High School. She noted that the aaaaaaaaaaaaraaaaaaagagT Minutes Speelat Couotin "7oZtng October 29, 1380 Page 6 developer piens to co€rstruct professional offices and suggested that these offices be Located on that portion of the tract. M. McDonough assured Mrs. Juarez that the area across from the high school would be developed in accordance with the types of business that would be compatible with the proximity of a school. He pointed out that they would be defeating their purpose if they installed objectionable businesses directly across from a school. No one else spoke in regard to this application. Motion by Best that the hearing be closed; seconded by Turner; and passed unanimously. Motion by Best that the Council Approve the zoning of seconded by Diaz. Couneilmember turner expressed concern that the Council cannot be sure that the developer will actually develop the area according to the plans presented and she wanted to be sure that the Council would have an opportunity to approve the types of structures that would be installed directly across from the high school. City Manager Townsend pointed out that this case will never be before the Council again. Councilnenber Zarsky suggested the consideration of a special permit and inquired if this would be acceptable to the applicant. Mr. McDonough stated that he is zoning and Ms. Zarsky explained that what he plans to do but nothing else suggesting a special permit, not for that portion of the tract along Bear not familiar with this type of this allows the applicant to do Mr. Zarsky stated that he was the entire development, jut for Lane. Motion by Dunphy that the bearing be reopened; seconded by Turner and passed unanimously. Counciimember Dunphy noted that that portion across from West Dao High School is about 200', and the Council could approve a special permit for the portion across from the high school and approve "i-2" zoning for the rest of the tract. Minutes Spacial CanszU NaEttir8 October 2S, 1980 Page i City Manager Townsend expressed the opinion that there probably in a way to devise a special permit but this would require the applicant to come before. the Council again and stated that au acceptable site plan would have to be presented within 6 months which addressed all of the problems discussed and it would have to list all of the uses to be sure that they would not be objectionable to the School District. Ca nxcilmember Best expressed the opinion that the Council should have good faith in this developer. Mayor Pro Ten Sample stated that he understands both sides - that of the School District and that of the developer, but he does not think that apartments would be appropriate on this nor anywhere in that particular area. Mr. McDonough stated that they had requested "1-2" zoning but they could accept "11-4" zoning on that portion across from the school. r ; Firs. Juarez informed the Council that the plans for this development had been changed about 6 times already and there is no reason why they can't change them again. She pointed out that there is p, a real possibility that the new owner could even sell the land and the second owner could install objectionable businesses in that area. City Manager Townsend indicated his concurrence with that state- ment because he did not think that it is realistic to expecte developer to hand before the Council and guarantee that property will be developed in a certain manner and that they will not sell any portion of the property. Notion by Diaz to close the hearing; seconded by Turner andars; 74� passed unanimously. ¥ $� Motion by Zarsky that the 200' strip directly across from West Oso High School and the small wedge of property along Plato Road be x: zoned "AB" and the remainder of the tract be zoned "I-2"; seconded by Turner and passed unanimously. x*x*x * * * * s.a:4. MR? 4gR'r F+. n area SPeriai. KnunrtI renting October 4gRO Page H' City Mugger Townsend announced the public hearing an Application N6_ 4$0-E$_ A:3. Georgia from -1' Lou Davi for a change of zoning Apartment House District to "A-2" Apartment: House District located at the southwest ca Streetrater of Coleman Street and South. Carancahua lot IA, Block 1, Hampton Addition. Mr. Townsend stated that both the Planning Commission and the Planning staff recommend approval, notices the and that in response to the otices public hearing, one in favor and two in opPostion had been returned. Chief Planner Wenger located the area on the Zoning and Land Use _ Map, of described the land use in the surrounding area, showed slides d srated_that the floor area applicant desired to 'increase the within the existing 6 apartment units at this location_ Speaking in opposition to rhis zoning ease was Mr. Frisco Roberts, 807 Carencahua, who stated that his concern is the number of units they plan to install because he would be ac does not believe adequate parking available. He pointed out that most and he feels that cars f families have 2 cars will have to be Parked on the street, particularly when visitors are there_ He admitted, however, that II almost anything Cons tructed there would be an f 1 Wenger Mr. Wen mProveatent, $ informed ILr. Roberts that the owner plans to put in 6 units and they do plan to provide a that degaate parking. He assured him L'hey' do not plan to construct any additional units. Mayor Pro Tem Sample, who was presiding at that time, called on a representative of the a Pplicant to speak_ Mrs. Liliana Trodle_ of R. L. Koimn Partnershi behalf of the applicant and statedP, spoke on that this buzjing was constructed in 1928 as a grocery and drug store. WorldShe stated that after the second War, it was converted into a 6 -unit & 3.315 square feeC Partalent building containing and the proposed rehabilitation of this apartment requires increasing the square foot�e rO 6,100 unit area and 3,600 squaresquare feet of feet for the Lobb dwelling the baaildin F and entry, which would give € a more modern and contemporary design, but the same ZA: 1 1 Minutes Special Council Meting October 29, i980 Page 9 density would be maintained. tars. Tredler stated that they plan co install 10 parking spaces which would be in compliance with the Building Code and there will be no parking on the Carancabua Street side. Mr. Jack Avery stated that he lives adjacent to this property and pointed our that the building in question is constructed right on the property line. He informed the Council that the building has sig -out type windows that open over his driveway and he has not been able to even use the driveway because of this. He also complained about the tgpe of people that these,_units seem to attract and --the - nune! us visitors whd nary: on his property and generally practice rather objectionable acts. He expressed the opinion that the parking would be inadequate for the visitors to the apartment units and the present conditions are deplorable. City Manager Townsend referred to Mr. Avery's statements in regard to air conditioning units and windows that extend over his property line and stated that this is completely illegal and the plans of the applicant will not be approved if they are the same as they are now. Mr. Avery inquired if the building line should not be 5' away from his property. Mr. Avery also informed the Council that a great deal of noise is made at this building late at night. City Manager Townsend stated that this is against the law and he should call the Police if they have any noise at all after 10:00 p.m. Mr. Hanger agreed that there is a setback requirement of 10' on the front and the side property lines. City Manager Townsend explained that he is of the opinion that the new owners plan to rehabilitate the building, and hopefully, the the property will be -improved. Minutes Special Council Meeting October 29, 1,n0 Page 10 $ttv€.er :roues agreed with Mt. Ave.y that he should not have to endure excessive noise nor have the air conditioning units and windows extending over his property. Mr. Avery explained how bad the traffic already is and expressed the opinion that if large units are constructed. that problem will be further increased. He reouested that if the City Council approves the zoning application, they require a buffer wall in their approval of this request. Mayor Jones inquired if there is a City Code that requires a buffer wall and Mr. Wenger replied that there is not. .0.0uncilMemher Best pointed out -that the plans will substantially improve the property and probably the :ype of residents will be better if the units are improved_ Councilmember Dumphy asked Mrs. Trodler to show the plans to 8r. Avery. Mrs. Trodler displayed the pians for the remodeling of the building and assured Mr. Avery that the windows and the air-conditioning units will be eliminated. NO one else spoke in regard to this zoning application. Motion by Best that the hearing be closed; seconded by Sample; and passed unanimously. Motion by Zarsky that the Council concur with the recommendation of the Planning Commission and approve the zoning of "A-2" for Application BO. 980-18; seconded by Diaz; and passed unanimously. City Manager Townsend presented the ordinances effecting the zoning changes approved in the foregoing public hearings. City Secretary Read polled the Council for their votes, and the following ordinances were approved: 7V ;ill stem C,il ung Weer t5, 1900 e lti ORDINANCE NO. 15641:: Amennwa Thy. ZONING ORDINANCE OF Tilt CITY OF CORPIIS CHRISTI ADOPT ON THE 27TH DAY OF AUGUST, 1937, APPEARING OF RECORD IN VOLUME UME 9, PAGES 565. ET SEQ, OF THE ORDINANCE AND RESOLUTION RECORDS, AS AMENDED FROM TIME TO TIME AND PARTICULARLY AS MENDED BY ORDINANCE NO. 6W&, AS PMENDED, UPON APPLICATION 01' HIVING BRASLAU BY AMENDING THE ZONING MAP BY CHANGING THE ZONING 011 LO'T 2, BLOCK 1. LEXINGTON #3 SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY,. TEXAS, FROM "A-2" APARTMENT HOUSE DISTRICT TO `Bi" NEIGHBORHOOD BUSINESS DISTRICT; KEEPING IN EFFECT ALL OTHER PROV€SIOLA OF THE EXISTING ORDINANCE AS MENDED; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND DECLARING AN EMERGENCY. The Charter R de was suspended and the foregoing ordinance was passed by the fallowing vote: Jones, Sample, Best, Diaz, Dumphy, Turner and Zarsky voting RAye". ORDINANCE NO. 15842: 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, or...TIE -_ORDINANNCE AND RESOLUTION RECORDS, AS AMENDED FROM TIME TO TIME AND PARTICULARLY AS MENDED BY -ORDINANCE NO- 6106, AS ANDED, UPON APPLICATION_ OF MARION JACK HENRY, M.D. BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON LOT 4A, BLOCK A. JOSLIN TRACT SITUATED IN THE CITY OF CORPUS i:FIRISTi, NUECES COUNTY, TEXAS, FROM "R -IB" ONE -FAMILY DWELLING DISTRRICF TO "A -I" 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 was passed by the following vote: Jones, Sample, Best, Diaz, Dumphy, Turner and Zereky voting "Aye". ORDINANCE NO. 15843: AMENDING THE ZONING ORDINANCE OF THE CITY OF CORPUS CHRISTI ADOPTED ON THE 27111 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 GEORGIA LOU DAVID BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON LOT IA, BLOCK 1, HAMPTON ADDITION SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "A-1" APARTMENT HOUSE 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 was passed by the fallowing vote: Jones, Sample, Hest, Diaz, Dumphy, Turner and 2ersky voting "Aye. * * * 5 * * * * ]. * Motion by Turner; seconded by Best and passed unanimously that the Special Council Meeting be adjourned at 5:12 p.m., October 29, 1980. xvo