HomeMy WebLinkAboutMinutes City Council - 01/05/1983 - SpecialMINUTES
CITY OF CORPUS CHRISTI, TEXAS
SPECIAL COUNCIL MEETING
JANUARY 5, 1983
3:40 p.m.
Present
Mayor Luther Jones
Mayor Pro Tem Betty N. Turner
Council Members
Jack K. Dumphy
Bob Gulley
Dr. Charles Kennedy
Cliff Zarsky
City Manager Edward Martin
City Attorney J. Bruce Aycock
City Secretary Bill G. Read
Absent
Council Member Herbert Hawkins
Mayor Luther Jones called the meeting to order and stated
that the purpose of the meeting was to conduct public hearings on
three zoning applications.
Application No. 1282-1 - Cliff Zarsky - Texan Homes: for
change of zoning from "R -1B" One -family Dwelling District to
"R-2" Multiple Dwelling District on Tract 1 and "B-4" General
Business District on Tract 2, Tract 1 being 9.30± acres and Tract
2 being 0.76± acres, both tracts out of the 172 acre John Dunn,
Sr. tract out of the "Rincon del Oso Grant", located on the
northwest corner of Lantana Street and Interstate Highway 37.
Council Member Zarsky disqualified himself from discussing
this case because of a conflict of interest and departed the
Council Chamber.
Assistant City Manager Tom Utter informed the Council that
19 letters of notification were mailed and none in favor and 14
in opposition had been returned, which was not enough to invoke
the 20% rule. He stated that both the Planning Commission and
Planning staff recommend approval.
Mr. Larry Wenger, Director of Planning, 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
developer plans to develop townhouses and a small shopping area
on this property. He stated that this property is now owned by
the Diocese of Corpus Christi and pointed out that Lantana Street
is scheduled to lie an arterial street.
MICROFILMED SEP 191984
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Special Council Meeting
January 5, 1983
Page 2
Mr. Larry Urban, Engineer representing the applicant,
displayed a site plan of the area to show the planned uses. He
explained that Mr. Zarsky feels that this is a good opportunity
for himself as well as the City of Corpus Christi. He stated
that the applicant plans to construct nine units to the acre,
whereas "R-2" zoning would allow 14 units to the acre. Mr. Urban
also stated that Mr. Zarsky plans to develop .7 of an acre for a
business which will -only be a convenience type of grocery store
to serve this property as well as the rest of the neighborhood.
Mr. Urban also referred to the site plan and noted that Academy
Heights Subdivision only has one entrance and Academy Drive,
which extends through that subdivision, will be opened by Mr.
Zarsky to provide a second entrance to the subdivision. He also
noted that the plans specify that the units to be constructed
adjacent to Academy Heights will have no windows opening toward
Academy Heights and there should be no interference with the
privacy of the property owners in that subdivision. He stated
that Mr. Zarsky has constructed a similar type of project in
another area and presented brochures of that development. Mr.
Urban expressed the opinion that the site plan proposed will
actually provide better traffic circulation for the residents of
Academy Heights. He assured the Council that this is a definite
plan because the applicant plans to proceed as soon as possible
with construction. Mr. Urban expressed the opinion that this is
appropriate zoning for this piece of property and reminded the
Council that both the Planning Commission and Planning staff
recommend approval of this zoning.
Mayor Jones called for comments from members of the audience
who wished to speak in opposition.
Mrs. Gene Pantoja, 1033 Concho, expressed opposition to the
zoning case and referred to apartments constructed last year
which were low income, high density type and have created
increased traffic. She expressed the opinion that the proposed
townhouses will further increase the traffic. She also stated
that property values in the subdivisions have decreased because
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Special Council Meeting
January 5, 1983
Page 3
of the apartments and this situation will be further aggravated
if the new zoning is approved.
Mr. Urban pointed out that these units will be individually
owned and will not be rental units and the price range will be
approximately $60,000.
Council Member Kennedy expressed the opinion that the
traffic question will not affect Lantana Street at all because he
did not believe that residents of the townhouses will even use
Lantana.
No one else spoke in regard to this zoning application.
A motion was made by Council Member Kennedy that the hearing
be closed, seconded by Council Member Gulley and passed
unanimously by those present and voting.
Mayor Pro Tem Turner inquired if the Council could be sure
that the lower density would actually be adhered to if this
zoning is granted, and Mr. Wenger replied that they could not
other than through a special permit, which would be tied to a
site plan.
Council Member Dumphy expressed the opinion that "R-2" is
good zoning next to the residential area.
A motion was made by Council Member Kennedy that the Council
concur with the recommendation of the Planning Commission and
Planning staff and grant the zoning of "R-2" on Tract 1 and "B-4"
on Tract 2 for Application No. 1282-1; seconded by Council Member
Gulley.
Council Member Gulley noted that he had understood that 14
people were opposed to this zoning application which is not an
excessive number. He questioned, however, if the Planning
Commission makes it clear during their hearing that they only
make recommendations to the City Council and the City Council
makes the final decision on zoning cases. He expressed the
opinion that possibly people who are opposed to zoning
applications should be aware of these facts so that they can
attend the Council meeting also.
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Special Council Meeting
January 5, 1983
Page 4
Mr. Wenger explained that the Chairman of the Planning
Commission always opens the meeting with the statement that they
will only make recommendations to the City Council so people are
aware of this.
The motion passed by the following vote: Jones, Turner,
Dumphy, Gulley and Kennedy voting "aye"; Zarsky and Hawkins
"absent".
The following ordinance effecting this change was passed:
ORDINANCE NO. 17428
AMENDING THE ZONING ORDINANCE UPON APPLICATION OF CLIFF ZARSKY,
TEXAN HOMES, BY CHANGING THE ZONING MAP IN REFERENCE TO TRACTS 1
AND 2, BEING A PORTION OUT OF THE 172 ACRE JOHN DUNN, SR., TRACT
OUT OF THE "RINCON DEL OSO GRANT" FROM R -1B" ONE -FAMILY DWELLING
DISTRICT TO "R-2" MULTIPLE DWELLING DISTRICT ON TRACT 1 AND "B-4"
GENERAL BUSINESS DISTRICT ON TRACT 2; AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the foregoing ordinance passed
by the following vote: Jones, Turner, Dumphy, Gulley and Kennedy
voting "aye"; Zarsky and Hawkins "absent".
*o*o*o*o*o*o*o*
Application No. 1282-5 - Mr. Fred Braselton: for change of
zoning from "R -1B" One -family Dwelling District to "R -1C"
One -family Dwelling District on Tracts V and W, and to "B-1"
Neighborhood Business District on Tracts X, Y and Z, Tract V
being 5.10± acres, Tract W being 43.90± acres, Tract X being
4.02± acres, Tract Y being 2.40± acres and Tract Z being 0.346±
acre, all tracts out of Lots 6 and 7, Section 7, Bohemian Colony
Lands, located on the east side of Greenwood Drive, on either
side of Frio Street.
Mr. Utter informed the Council that 52 notices of the public
hearing had been mailed; two in favor and two in opposition had
been returned; and four notices were returned as being undeliver-
able. Mr. Utter also stated that the Planning Commission and
Planning staff recommend approval of "R -1C" on Tracts V and W,
and denial of "B-1" Neighborhood Business District on Tracts X, Y
and Z.
Mr. Wenger located the area on the zoning and land use map,
described the land use in the surrounding area, noting that most
of the area is zoned for single families or apartments, and
showed slides of the area. Mr. Wenger explained that the staff
objects to the requested "B-1" uses on Tracts X, Y and Z because
this would contribute to the development of another over crowded
"Everhart" with too many businesses.
Speaking on behalf of Mr. Braselton was Mr. Bill Pruett who
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Special Council Meeting
January 5, 1983
Page 5
stated that they agreed with the "R -1C" recommendation but he
wanted to speak to the recommendation for denial of "B-1" on the
tracts on Greenwood Drive. He pointed out that "B-1" zoning was
approved on their preliminary plat and he was of the opinion that
the "B-1" zoning would be an asset to the area and would improve
the quality of life for the residents of this development and the
residents in other areas of the neighborhood. He urged approval
of the requested zoning of "B-1" on the Tracts that are on
Greenwood.
Council Member Zarsky pointed out that the area directly
across the street from Tract X is zoned "B-1" and he saw no
problem in zoning that tract "B-1", but he did not feel that the
other two tracts should be so zoned.
Also speaking in favor of the request was Mr. Wayne
Lundquist who pointed out that there is a ditch across Frio and
Tract X is isolated from the rest of the subdivision.
Mr. Utter located the ditch referred to which runs through
this tract and inquired of Mr. Lontos if the ditch could be
placed underground. Discussion followed on the ditch in the
area.
Also speaking in favor of the request was Mr. Gene Tackett
who was one of the partners with Mr. Braselton, who described the
use in the area and expressed the opinion that there is a need to
provide businesses for the neighborhood. He mentioned several
areas in the City that have neighborhood businesses to serve the
residents in similar zoned property. He noted that this area
extends all the way from Padre Island Drive to Saratoga without
any convenience stores on this side of the street. He noted that
there are some small businesses on the other side of the street
and children of residents will be in the position of having to
cross Greenwood Drive to go to those stores on the other side of
the street which would be quite dangerous.
Mayor Pro Tem Turner noted that the area somewhat to the
south of Tract X is being developed for one family residences.
She then questioned if the "A-1" zoned property continues to
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Special Council Meeting
January 5, 1983
Page 6
develop as "R-113" if the granting of "B-1" zoning would interfere
with this continued development.
Mr. Tackett pointed out that the ditch referred to is a
substantial one which separates the "A-1" zoned tract from the X
Tract.
No one else spoke in regard to this application.
A motion was made by Council Member Dumphy that the hearing
be closed, seconded by Mayor Pro Tem Turner and passed
unanimously by those present and voting.
A motion was made by Council Member Kennedy that the Council
approve the requested zoning of "R -1C" for Tracts V and W and
"B-1" zoning for Tracts X, Y and Z; seconded by Council Member
Gulley.
Council Member Zarsky pointed out that that is a very large
area for business zoning since the X area is over 4 acres, Y is
almost 21/2 acres and Z is .346 acres. He stated that he was of
the opinion that the X area could be developed as "R -1C" and he
felt that one of the areas could adequately serve the
neighborhood for small business zoning.
Council Member Zarsky then made a motion to amend Dr.
Kennedy's motion to exclude Tract X from the "B-1" zoning and
grant "R -1C" zoning on this tract and approve "B-1" zoning on
Tracts Y and Z only.
Mayor Jones inquired if the applicant would accept this
zoning, and Mr. Pruett asked about the reason for omitting the X
Tract.
Council Member Zarsky stated that this would be in
conformity with the tract that is being rezoned "R -1C".
Mayor Jones agreed that zoning all three tracts for "B-1"
would be excessive business on Greenwood Drive.
Mr. Pruett stated that he owns the "A-1" zoned tract to the
south of Tract X, but that he did not know how he planned to
develop the remainder of that portion.
Mr. Tackett reminded the Council that the ditch isolates
area X from both the "R -1C" portion of their request and the
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Special Council Meeting
January 5, 1983
Page 7
"A-1" portion to the south.
There was no second to Mr. Zarsky's motion to amend and
Mayor Jones called for the vote on the original motion and it
passed unanimously by those present and voting.
City Secretary Read polled the Council for their vote and
the following ordinance effecting the zoning change was passed:
ORDINANCE NO. 17429
AMENDING THE ZONING ORDINANCE UPON APPLICATION OF FRED BRASELTON,
BY CHANGING THE ZONING MAP IN REFERENCE TO TRACTS V AND W, BEING
A PORTION OUT OF LOTS 6 AND 7, SECTION 7, BOHEMIAN COLONY LANDS
FROM "R -1B" ONE -FAMILY DWELLING DISTRICT TO "R -1C" ONE -FAMILY
DWELLING DISTRICT; AND TRACTS X, Y, AND Z, BEING A PORTION OF LOT
7, SECTION 7, BOHEMIAN COLONY LANDS FROM "R -1B" ONE -FAMILY
DWELLING DISTRICT TO "B-1" NEIGHBORHOOD BUSINESS DISTRICT; AND
DECLARING AN EMERGENCY.
The Charter Rule was suspended and the foregoing ordinance passed
by the following vote: Jones, Turner, Dumphy, Gulley, Kennedy
and Zarsky voting "aye"; Hawkins "absent".
*0*o*0*0*0*0*0*
Application No. 1282-6T, Mr. Jack Ryan: Amend Article 31,
Newly Annexed Territory, by amending Section 31-5 by adding
thereto one new subsection to be numbered 31-5.46 setting forth
classifications of "R-2" Multiple Dwelling District on Tract A
and D, "A-1" Apartment House District on Ttact B, and "A-2"
Apartment House District on Tract C, located on the west side of
Everhart Road, approximately 1,150' north of Cedar Pass Drive,
totaling 41.51± acres out of Lots 2 and 5, Section 11, Bohemian
Colony Lands.
Assistant City Manager Utter stated that in response to the
notices mailed, 17 in opposition were returned and a petition was
presented from residents outside the 200' area of notification
expressing opposition to the change of zoning.
Mr. Utter continued by stating that the Planning Commission
recommends denial and in lieu thereof that "A-2" be approved on
Tract C, "R-2" be approved on Tract D with "R-2" extending to
Tract A through Tract B, "A-1" be approved on Tract 8, and "R -1C"
be approved on Tract A except for the strip of "R-2" zoning along
the east side. He stated that the staff recommendation is for
denial and in lieu thereof a mixture of "A-2", "R-2" and "R -1C"
zoning be approved which is somewhat different from the
recommendation of the Planning Commission. He displayed a map of
the area and explained the recommendation. He explained that the
reason for the recommendation is that the staff was concerned
with separating the two areas that are zoned "R -1B" from the
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Special Council Meeting
January 5, 1983
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apartment zoning. He then showed slides of Breckenridge
Subdivision, Club Estates Subdivision and other subdivisions in
the area. Mr. Wenger noted that the area of request is outside
the city limits at this time, but they plan to annex it.
Mr. Tim Clower, representing Mr. Jack Ryan and Mr. Bill
Bradshaw, explained that they have purchased 79 acres in this
area. He presented a slide presentation showing the planned use
for this property and pointing out that they plan to buffer the
apartment use with "R-2" zoning on the area adjacent to the
Breckenridge Subdivision. He then compared their ratios of
apartment use to similar property in the City. He noted that
most of the "R -1B" property backs up to Everhart Road rather than
fronting on it and since Everhart Road is classified as a major
collector street, he feels that it is suitable for the kind of
zoning they have requested. He explained that they will provide
right turn lanes on the street entering their property. He
displayed a portion of the transportation plan which indicates a
collector street that extends from Weber to Everhart through this
tract of land. He stated that he was of the opinion that there
are a number of apartments located adjacent to "R -1B" zoned
property without a buffer of "R-2" in the City and there is a
trend for more and more apartment complexes in the City.
Speaking in opposition were a number of citizens.
Mr. Jim Patterson, 7002 Arapahoe, stated that when he
purchased his house, he ascertainedthat the property adjacent to
his was zoned "R -1B" and assumed it would remain that way. Mr.
Patterson also stated that he had read in the newspaper that
there are already too many apartments in Corpus Christi and there
is no market for additional ones. He stated that he felt that
since Breckenridge is a new subdivision and is in a very
attractive neighborhood, there was strong opposition to this
change of zoning. He also mentioned that he was not informed of
this zoning case because all of the notices were sent to the
developer.
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Special Council Meeting
January 5, 1983
Page 9
Mayor Jones questioned Mr. Wenger about the notification,
and Mr. Wenger explained that the staff obtains the list of
owners from the tax office and they use the latest
property owners on the tax roll for notification since they have
no method of determining if the property has been sold.
In a further reference to this subject, Mayor Pro Tem Turner
explained that in Austin signs are placed on property that is to
be rezoned so that people in the neighborhood will be made aware
of it.
Mr. Martin agreed that that is done in a number of places,
but this does not always work well in a tract this large since
only the property abutting Everhart would have the sign that
could be seen. He stated that since some of the property owners
are obviously now aware of this proposed zoning change, they
could still file written opposition. He stated that the staff
will be glad to study this problem and try to make changes in
procedure.
Discussion followed on this, and Mr. Wenger stated that it
would be the City's responsibility to post the notice that
certain pieces of property are being considered for rezoning. He
continued by stating that the petition and additional responses
in opposition were received in the City Secretary's Office that
morning and he had prepared a map showing that 17 of those
signing the petition in opposition resided within the 200' area
of notification.
Also speaking in opposition was Mr. Gary Stout, 7033
Keystone, who pointed out that heavy traffic exists on Everhart;
there is already a great deal of "A-2" zoned property; the fact
that Mr. Clower had stated that there are a lot of apartments
adjacent to subdivisions without a buffer is not quite true in
this area. He also mentioned the fact that the Navy is concerned
about high density near the airfield; and it looks as if Keystone
will be the major street through the planned development if it is
extended and there are a lot of children living on that street
which would represent a danger to them.
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Special Council Meeting
January 5, 1983
Page 10
Mrs. Johnny Maguire, 7034 Arapahoe, stated that she also
owns a house on Keystone which she rented to her daughter because
they did not feel that she would be safe in an apartment. She
pointed out that there are apartments well placed all over the
City; however, on Everhart there are already seven apartment
complexes; there are 1,500 units, 200 of which are now under
construction. She reminded the Council that Everhart is a
crowded, congested street and the City's traffic department does
not recommend any more apartment zoning on Everhart. She
reiterated that the apartment dwellers would exit through their
subdivision and they would like to protect their environment by
retaining the existing zoning.
Mr. Robert Berwick stated that he does not live in this
subdivision but he wanted to comment on some of the remarks made.
He referred to Mr. Clower's remark that there are 17 apartment
complexes located adjacent to subdivisions throughout the City
and there is no problem, but Mr. Berwick stated that he did not
agree with that statement and explained that it is very
undesirable to have apartments located adjacent to subdivisions
because of the increase in vandalism, traffic and crime in high
density tracts.
Mr. David Montgomery, 7009 Copper Mountain, presented a copy
of the petition in opposition that was presented to the City
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Special Council Meeting
January 5, 1983
Page 11
Secretary's Office. He also presented his version of a good
concept in zoning which is similar to that recommended by the
staff with an increase in "R-2" zoning around the apartment zoned
request. He stated that if the Council approves the zoning for
the apartments, he would like to have both Keystone and Monarch
Streets completed as cul-de-sacs which would segregate the
subdivision from the apartments.
Mr. Frank Trimble, 7006 Arapahoe, stated that his property
adjoins the area requested for "R-2" zoning and he feels that
this zoning would be an unsatisfactory buffer since most of the
houses are single family residences in his subdivision and most
of the houses face the subject tracts. He noted that the current
trend on
if this
property
Mr.
this
to
children
"R-2" zoned property is to construct two-story units and
is done, their privacy will
values will be decreased.
Bruce Ballinger, 7001 Winter Park,
street because of the cul-de-sacs
from excessive traffic; therefore,
be
destroyed and their
stated that he moved
and to protect his
he also objected to
the change of zoning.
Mr. John McGuire, 7034 Arapahoe, stated that he became aware
of this zoning request a few days ago. He stated that he travels
along Everhart frequently and a portion of it is basically only
two lanes of traffic because apartment dwellers park vehicles on
the street. He reminded the Council that there are 1,538
apartments on Everhart south of Saratoga and this does not
include townhouses that are also planned for this street. He
objected to the density allowed in "A-1" and "A-2" zoning and
stated that he estimated that 1,000 additional vehicles will be
added by this complex, probably would travel through Breckenridge
Subdivision.
Mr. Kit Stremple, 7001 Arapahoe, stated that his primary
concern is the large number of apartments that are being
constructed on Everhart and questioned the need for any
additional apartment complexes.
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Special Council Meeting
January 5, 1983
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Mrs. Susan Hemple, 7049 Monarch, stated that she purchased
her house because of the beautiful neighborhood and they assumed
that the subject property would be developed with single family
residences.
Mr. Robert Katchinoski, 7005 Copper Mountain, also expressed
opposition and registered a complaint about the City's
notification method. He suggested that notices be placed at
every residence so that they would be aware of the contemplated
change of zoning of property in their neighborhood. He referred
to the minutes of the Planning Commission meeting of October 12,
at which time Mr. Clower expressed the opinion that the trend is
for more high density apartments. He then asked the applicant
about the proposed price range of the "R-2" zoned portion.
Mr. Ryan stated that he did not know but speculated that in
this area, they would be fairly expensive.
Mr. Rex Amick, 7006 Arapahoe, referred to the method of
notification and suggested that the City contact the Public
Utility Department for correct addresses of people in the
vicinity of zoning requests.
Council Member Gulley agreed that the occupants should be
notified of zoning requests in their area, even though State law
only requires that property owners be notified.
Mr. Utter assured the Council that all the suggestions
pertaining to notification will be considered.
Mr. Ryan, the owner of the property in question, referred to
the statement of Mr. Montgomery who suggested that Keystone and
Monarch be made cul-de-sacs. He assured the Council that if this
zoning is granted, the developer will take care of all of their
traffic. He stated that he did not object to having Keystone and
Monarch as cul-de-sacs because they too preferred that the
traffic not exit through Breckenridge Subdivision. Mr. Ryan then
referred to The Landing apartment complex where the traffic has
been so minimal that it was recognized by the State as good
apartment planning. He also referred to the statements made that
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Special Council Meeting
January 5, 1983
Page 13
there was no need for additional apartment units and pointed out
that the vacancy rate in Corpus Christi is very low.
Mayor Jones stated that the Council is not concerned about
the vacancy rate of apartments but is only concerned about proper
zoning for this tract.
No one else spoke in regard to this zoning request.
A motion was made by Council Member Kennedy that the hearing
be closed, seconded by Council Member Zarsky and passed
unanimously.
Mr. Wenger informed the Council that the two streets
mentioned could not be cul-de-sacs because they are too long and
there is a limitation on the length of cul-de-sac streets. He
stated that they would not meet the requirements of the platting
ordinance for cul-de-sacs.
Council Member Gulley commented that they would not have to
be opened, however, and Mr. Wenger stated that the streets were
designed to be continued, and when this property is platted, they
will have to be addressed.
Mayor Jones noted that the ordinance could be changed to
allow for the cul-de-sac but there was a question about emergency
vehicle access to the subdivision.
Council Member Zarsky expressed the opinion that there
should not be any zoning backing up to the "R -1B" residential
property that would be detrimental to that subdivision. He
stated that the thin strip that backs up to the subdivision
should remain "R -1B" with a street located there and on the
opposite side he would not have any objection to zoning the back
portion of the tract for apartments. He stated that he actually
preferred the staff recommendation to that of the Planning
Commission.
Mr. Utter pointed out to the Council that because the 20%
rule is in effect, six votes will be required to approve the
ordinance.
Council Member Zarsky reiterated that the land abutting the
subdivision should be "R -1B" or "R -1C".
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Special Council Meeting
January 5, 1983
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Mayor Pro Tem Turner inquired if the Council agreed with Mr.
Zarsky's suggestion that Monarch and Keystone should be
cul-de-sac streets.
Mr. Wenger stated that if Mr. Zarsky's recommendation is
approved, those streets should extend to provide ingress for
houses to be constructed on the strip to be designated "R -1B" or
"R -1C".
Council Member Gulley asked for a clarification of Mr.
Zarsky's suggestion and stated that if he is suggesting that
"R -1B" be zoned all the way across the length of this property he
did not believe that it would be detrimental to have those
streets extended to this area.
Council Member Zarsky expressed the opinion that he did not
believe that the Platting Ordinance could be amended to change
streets that already exist because of safety factors.
Mr. Clower commented that if the Council approves "R -1C" all
along the subdivision, the street could be 'extended in a "T"
formation into a street in order to allow development on both
sides of the street.
Mr. Wenger stated that this would require a 300' area all
along the side of this property to double -load a street.
A motion was made by Council Member Zarsky that the Council
approve "A-1" zoning for the property requested to be zoned "A-2"
and "A-1" and that the property requested to be zoned "R -1C" be
approved as recommended with a 300' strip adjacent to the sub-
division also to be zoned "R -1C"; seconded by Council Member
Gulley; and passed unanimously by those present and voting.
City Secretary Read informed the Council that the ordinance
effecting this zoning change was not properly prepared according
to the motion and would be considered at the next Council
meeting.
Mr. Robert Berwick, 3610 Beauregard, requested that more
lights be installed on his street.
There being no further business to come before the Council,
on motion by Mayor Pro Tem Turner, seconded by Council Member
Dumphy and passed unanimously, the Special Council Meeting was
adjourned at 6:27 p.m., January 5, 1983.