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.
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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
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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
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October 29, ismt
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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".
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Octeber 29. 113+?
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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
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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.
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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.
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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
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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.
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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:
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C,il ung
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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.
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