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HomeMy WebLinkAboutMinutes City Council - 04/29/1981 - SpecialMINUTES CITY OF CORPUS CHRISTI, TEXAS SPECIAL COUNCIL MEETING APRIL 29,.1981 PRESENT: Mayor Luther Jones Mayor Pro Tem Betty N. Turner Council Members: Jack K. Dumphy Bob Gulley Herbert L. Hawkins, Jr. Dr. Chas. W. Kennedy, Jr. Cliff Zarsky City Manager Marvin Townsend City Attorney J. Bruce Aycock City Secretary Bill G. Read Mayor Luther Jones called the meeting to order in the Council Chamber of City Hall and stated that the purpose of the meeting was to conduct public hear- ings on six zoning applications. City Secretary Bill G. Read verified that a quorum of the Council and the necessary Charter Officers were present to conduct a legally constituted meeting. City Manager Marvin Townsend announced the public hearing on Application No. 381-1, Mr. William A. Dobie, III, for a change of zoning from "I-2" Light Industrial District and "A-2" Apartment House District to "B-5" Primary Business District on Lots F, G, H, P b T, Blucher Tract, located between Waco and Carrizo Streets, approximately 100' north of Kinney Street. Mr. Townsend stated that both the Planning Commission and the Planning Staff recommend denial of the "B-5" zoning but in lieu thereof that the east 130' off Waco Street be zoned "B-4" General Business District and the remaining approx- imate 30' be changed to "A-2" Apartment House District with the "A-2" to the west of Carrizo Street remain zoned as it is. He informed the Council that in response to the notices of the public hearing, two in favor and none in opposition had been returned. He then requested that Mr. Larry Wenger, Chief Planner, summarize the case. 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 plans to improve the property for "8-5" use. He explained that changes were made to the zoning on April 1, 1981, and it is no longer zoned "I-2" but is now zoned "B-4." The applicant, Mr. William A. Dobie, III, expressed opposition to the recom- mended "8-4" zoning because his survey of the property indicates that the structures MICROFILMED SEP 191984 Minutes Special Council Meeting April 29, 1981 Page 2 and all of his buildings are within 2 feet of the north boundary line of the property. He explained that on the one-story houses in front he would like to add a second story and close the driveway between the two apartments to be used for a breezeway so that it will conform to the other structures on the block. Mr. Dobie further explained that if "B-4" zoning is granted, he would have to set back the existing buildings, whereas the requested "B-5" zoning would allow him to build the second stories to the existing buildings since the setback requirements are more lenient. Mr. Wenger agreed that "B-4" zoning requires a setback but "B-5" does not, and the staff feels that this property should have the necessary setback because other houses on the block are in compliance with the setback requirement. Mr. Dobie pointed out that ample setbacks exist on the south and west sides of the property, but he wants to add to the existing structures without moving the houses. Council Member Zarsky inquired as to whether or not Mr. Dobie had tested the foundations of the structures to see if they could support the type of structure they plan. Mr. Dobie stated that he hesitates to make a large expenditure on testing unless the zoning is granted. He informed the Council that he would accept a special permit. Council Member Turner inquired about the type of materials he planned to use for the additions to the structures, and Mr. Dobie replied that he would like to use wood framing with aluminum siding, which would blend with the existing Blucher home in the same neighborhood. Council Member Turner suggested consideration of a special permit, and Mr. Wenger agreed that it would be preferableto "B-5" zoning because such a permit would require approval of the applicant's plans. City Manager Townsend explained that a special permit would not require architectural plans but just approval of a site plan. Motion by Dumphy that the hearing be closed, seconded by Zarsky, and passed unanimously. Motion by Zarsky that "B-5" zoning on Application No. 381-1 be denied but in lieu thereof that a special permit be approved subject to the submission of an approved site plan; seconded by Dumphy; and passed unanimously. ,t * _ * * ,t t * * * * * * * * * * , * * * * * * * * t ,t t t * * * * Minutes Special Council Meeting April 29, 1981 Page 3 City Manager Townsend announced the public hearing on Application No. C-281-2, City of Corpus Christi, Texas, for a change of zoning from "R -1B" One - family Dwelling District and "FR" Farm Rural to "1-2" Light Industrial District and "1-3" Heavy Industrial District on portions of land from Assessors Map 273, Isensee Partitions, Clarkwood Tract Subdivision, Sheppard Farm Lots and McKinzie Acres, located north of State Highway 44, east of the City limit line, south of McNorton Road, and west of Bronco Road. City Manager Townsend informed the Council that the Planning Commission recommends denial of the portion west of Rand Morgan Road but that a portion east of Rand Morgan Road be approved in accordance with the staff's recommendation. He explained that the staff had initiated this application in accordance with the Council's designation of this land as an industrial area. Mr. Townsend also stated that in response to the notices of the public hearing, four in opposition and four in favor had been returned. Council Member Gulley pointed out that he owns property in this vicinity, and that he was not notified either before the Planning Commission hearing nor this public hearing that such a change of zoning was being considered. Chief Planner Wenger explained to Mr. Gulley that his mobile home park is located outside the area of notification. City Manager Townsend continued his explanation by reminding the Council that the industrial designation was adopted by them by ordinance; the staff initi- ated the zoning application because of this; but the staff did not recommend this. He informed the Council that the staff recommends that this matter be very care- fully considered and their primary concern is the old Saxet field which has had blowouts, etc., in the past. He pointed out that the amount of area that the Council wants to zone industrial is their decision. Chief Planner Wenger showed slides of the area and located it on the zoning and land use map, stating that it is primarily used for farmland now. Mayor Jones commented that at the time this industrial area was discussed, it was in connection with the discussions on the industrial district contracts, at which time the Council continually heard requests that an industrial area be desig- nated, and this is one of the areas so designated. He pointed out that the reason Minutes Special Council Meeting April 29, 1981 Page 4 for the public hearing is for the Council to obtain input from property owners in the area. City Manager Townsend agreed that this was the basic concept, but the staff has some concerns about the magnitude of the change of zoning and they strongly recommend that the area known as Saxet Field, which is a dangerous area, should not be zoned "R -1B." Council Member Gulley again expressed his opposition to the fact that the abutting property owners were not notified that this change of zoning was being considered. He also stated that in any case, he has problems with the City's attempting to rezone other people's property unless they have requested it. Mayor Jones called for comments from the audience. Mr. Hayden Head, Attorney, stated that he is very concerned because he learned only today that on December 10, 1980, the Council designated an area as an industrial area without notifying people who own property in the area that this was approved. Mr. Head informed the Council that his wife owns 300 acres of land that is within the area to be set aside for industrial development and expressed concern that he did not know that the Council planned to inflict industrial zoning on property owners without providing them an opportunity to speak. He pointed out that this is a vast area of good farm land. Mr. Head continued his presentation by informing the Council that he addressed the Planning Commission at the time they heard this application and presented them with a proposal that the Morgan land be eliminated from this request because they planned to have a land use planner study their property with the intention of determining the best use for the land. He questioned whether or not all of this land should be zoned "1-3" and suggested that additional studies should be made. Mr. Head also informed the Council that he sold 50 acres of land to the Tuloso-Midway Independent School District for the construction of a school in the area. He concluded by requesting that the Council concur with the recommen- dation of Planning Commission and deny portions of this request, particularly for the land owned by his wife since they have employed a land use planner from Houston to prepare a study of the best use of his land. Minutes Special Council Meeting April 29, 1981 Page 5 Mayor Jones assured Mr. Head that the Council did not intend to force the change of zoning on any property owner who did not want it changed. Mr. Head stated that he would like to have a transcript of the meeting at which the Council designated that land for industrial use. (City Manager Townsend provided him with a copy of the minutes of the meeting during which the action was taken.) City Manager Townsend noted that the 20% rule is in effect and explained to the new Council Members that such a rule was in effect if 20% of the property owners in the area of notification oppose the change of zoning or if the owner of 20% of the property in the area is opposed to the change. He explained that when such a rule is in effect, to approve the change of zoning requires six affirmative votes of the Council. Mr. Mike Kendrick, Attorney representing Dinero Oil Company, owned by Mr. Bruce Anderson and his son, Neal, stated that his clients are in the oil business and they built the Breakers Hotel. He located the offices of this company in the "I-2" zoned area and stated that this company is not opposed to what the Council is trying to do. He suggested, however, that the Council withhold rezoning the 550 - acre tract owned by Dinero until the planning has been completed for the Morgan tract. Mr. Kendrick suggested that the land could be cleaned so that it would be suitable for the neighborhood and the residential areas in the vicinity. Mayor Jones asked for Mr. Kendrick's opinion about leaving the land zoned "R -1B" and "FR", and Mr. Kendrick replied that he had perceived the Council action of December 10 to be to allow for a gradual change in the area. City Manager Townsend pointed out that once the 20% rule has been invoked, it will still require six votes of the Council to approve any portion of this application. No one else spoke in regard to this application. Motion by Turner that the hearing be closed, seconded by Zarsky and passed unanimously. Mayor Jones suggested that action on this application be delayed for six months. City Manager Townsend noted that there are some areas close to Highway 44 that possibly should be approved. Minutes Special Council Meeting April 29, 1981 Page 6 Motion by Gulley that Application No. C281-2 be tabled for six months, seconded by Zarsky, and passed unanimously. Council Member Gulley agreed that this might be good zoning for some of this area, but his objection was based on the fact that he was not notified of the public hearing. Council Member Turner expressed the opinion that it is very significant that a private landowner plans to study this particular land and stated that she would like to see the plan as soon as it is completed. * * * * * * * * * * .. * * * * * * * * * * * * * * * * * * * * * * City Manager Townsend announced the public hearing on Application No. 381-8, Coast Development, Inc., for a change of zoning from "B-1" Neighborhood Business District to "B-4" General Business District on a 9.01± acre tract of land out of Lots 7 and 8, Section 4, of the Flour Bluff and Encinal Farm and Garden Tracts, located on the west side of South Staples Street, approximately 750' south of Holly Drive. Mr. Townsend informed the Council that both the Planning Commission and the Planning Staff recommend approval and that in response to the notices of the public hearing, three in favor and none in opposition had been returned. Mayor Jones ascertained that no one wished to speak in opposition to this case. Motion by Dumphy that the hearing be closed, seconded by Turner and passed unanimously. Motion by Dumphy that "B-4" zoning be approved for Application No. 381-8, seconded by Zarsky and passed unanimously. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * City Manager Townsend announced the public hearing on Application No. 381-10, Edens Construction Company, Inc., for a change of zoning from "1-2" Light Industrial District to "A-1" Apartment House District on Tract A and from "1-2" Light Industrial District to "8-1" Neighborhood Business District on Tract B on the 18.157+ acres out of the Gregorio Farias Grant, Abstract No. 592, also being a portion of the J. A. Magee Lands, located on the west side of Sharpsburg Road at the intersection of Sharpsburg Road and Up River Road. Minutes Special Council Meeting April 29, 1981 Page 7 Mr. Townsend noted that both the Planning Commission and the Planning Staff recommend approval and that there was no response to the notices of the public hearing. 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 stated that the owner plans an apartment complex with two retail business buildings. The applicant, Mr. Butch Edens, explained; his plans for the area to be developed with federally subsidized rentals. No one spoke in opposition to this request. Motion by Turner that the hearing be closed, seconded by Zarsky and passed unanimously. Mr. Oscar Zepeda indicated his desire to address the Council in regard to this application and stated that his father resides in Block 10 of this area and asked about the anticipated effect of this project on the property across the street, expressing in particular concern about the sewer lines if they have to be changed to accommodate the large housing units. Mayor Jones agreed that the sewer lines are important. City Manager Townsend explained that the sewer lines are already installed and are designed to serve this entire area. Mr. Zepeda also expressed concern about the drainage and indicated that he would like to have something in writing to the effect that the neighborhood will not be flooded after the project is completed. Mr. Edens stated that he did not think there should be any more runoff from improved property than there is from unimproved property and that he did not feel that the flooding will be increased. City Manager Townsend stated that he needed to make everyone aware that most of the flooding is localized rainwater but that the platting process will have to be addressed by Mr. Edens to get water to the drainage ditch rather than dumping it on the neighbors. He agreed that flooding could be a problem, and the drainage will be the responsibility of Mr. Edens. Motion by Dumphy that, the Council concur with the recommendation of the Planning Commission and approve the zoning of "A-1" Apartment House District on Minutes Special Council Meeting April 29, 1981 Page 8 Tract A and "B -l" on Tract B; seconded by Zarsky; and passed unanimously. * * * * * * * * * * * * * * * * * * * * * * * * * t. * * * * * * * * * City Manager Townsend announced the public hearing on Application No. 381-11, Mr. Leopoldo V. Torres, for a change of zoning from "R -1B" One -family Dwelling Dis- trict to "B-1" Neighborhood Business District on the tract of land lying in Tracts 3 E 4, David Brown Subdivision, and which is a part of Lot 13, Section L, Paisley Subdivision of the Hoffman Tract, located on the south side of Baldwin Street, approximately 225' east of South Port Avenue. City Manager Townsend stated that both the Planning Commission and the Planning Staff recommend approval and that in response to the notices of the public hearing, two in favor and none in opposition had been returned. He informed the Council that there is one problem that is associated with this application because the fee for the application has not been paid, and the staff, therefore, recommends that it be tabled. No one spoke in regard to this application. Motion by Zarsky that the hearing be closed, seconded by Turner and passed unanimously. Motion by Zarsky that Application No. 381-11 be tabled, seconded by Hawkins and passed unanimously. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * City Manager Townsend announced the public hearing on Application No. 381-12, Ms. Lucile N. Ware, for a change of zoning from "R -1B" One -family Dwelling District to "AB" Professional Office District on Lot 24, Country Club Place, located on the west side of Country Club Place, approximately 100' north of IH -37. He stated that both the Planning Commission and the Planning Staff recommend approval and that there was no response to the notices of the public hearing. No one spoke in regard to this application. Motion by Zarsky that the hearing be closed, seconded by Dumphy and passed unanimously. Motion by Zarsky that the Council concur with the recommendation of the Planning Commission and the Planning Staff and grant the zoning of "AB" on Applica- tion No. 381-12; seconded by Turner; and passed unanimously. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Minutes Special Council Meeting April 29, 1981 Page 9 City Secretary Read informed the Council that the ordinances effecting the zoning changes previously approved were not in the Council Chamber and suggested that they be considered at the time the other ordinances are voted upon during the Regular Council Meeting. There being no further business to come before the Council, on motion by Turner, seconded by Zarsky and passed unanimously, the Special Council Meeting was adjourned at 5:10 p.m., April 29, 1981. I, LUTHER JONES, Mayor of the City of Corpus Christi, Texas, certify that the foregoing minutes, same being for the period of March 4, 1981 through March 25, 1981, inclusive, and having been previously approved by Council action, are by me hereby approved as itemized: March 4, 1981 — Regular Council Meeting March 4, 1981 — Special Council Meeting March 11, 1981 — Regular Council Meeting March 11, 1981 — Special Council Meeting March 18, 1981 — Regular Council Meeting March 25, 1981 — Regular Council Meeting /i1 Luthe Jones Mayor