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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 !inutes 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 linutes 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. linutes 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 inutes 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 linutes 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 linutes 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 Iinutes Special Council Meeting January 5, 1983 Page 8 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. dilutes 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. linutes 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 linutes 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. Tinutes Special Council Meeting January 5, 1983 Page 12 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 dilutes 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". inutes Special Council Meeting January 5, 1983 Page 14 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.