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
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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.
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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.
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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.
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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.
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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.
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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.
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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