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HomeMy WebLinkAboutMinutes City Council - 05/08/1963 - Special• CITY OF CORPUS CHRISTI, TEXAS SPECIAL COUNCIL MEETING May 8, 1963 4:00 p.m. PRESENT: Mayor James L. Barnard Commissioners: Jim Young Jack R. Blackmon J. R. de Leon M. P. Maldonado W. J. Roberts W. H. Wallace, Jr. City Manager Herbert W. Whitney City Attorney I. M. Singer Asst City Att°y Wayland Pilcher City Secretary T. Ray Kring Mayor James L. Barnard called the special meeting to order. City Secretary T. Ray Kring called the roll of those in attendance. Mayor Barnard announced the purpose of the special meeting to hold public hearings on 4 zoning matters, and explained the procedure to be fol- lowed. Mayor Barnard announced the public hearing on the application of Russell Miller for Amendment of the Text of the Zoning Ordinance to allow "Beauty Culturists and Hair Stylists" as a home occupation, and as a permit- ted use in the "A-2" Apartment House District, "AT" Apartment -Tourist Dis- tract, "B -]A" Tourist Court District, and "AB" Professional Office District. William Anderson, Director of planning, reviewed the report of the Planning Staff on each of the 5 separate requests for amendment to the text of the Zoning Ordinance which had been requested by and presented to the Zoning & Planning Commission at its public hearing, including the evaluation of the Building Inspector that the changes to the Building Code proposed by Elmer Theis, attorney representing the applicant, are not appropriate amend- ments to the Building Code, and the basis for each of the recommendations. Mr. Anderson stated that following a discussion of the Staff report, the recommendation of the Zoning & Planning Commission was that the request to include beauty culturists and hair stylists as a home occupation and in the "A-2", "AT", and "B -1g Districts be denied but that Article 11, "AB" Pro- fessional Office District, Section 11, be emended by aiding a new Item (12) to read is follows: (12) Beauty culturist and hair stylist shop, provided such shop -complies with the provisions of Item (11) above; and that the ex- isting Item x-istingItem (12) be renumbered (13). Elmer Theis, attorney representing the applicant, commented that the reasons given by Mr. Anderson for the recommendations to the Zoning & 4 • City of Corpus Christi, Texas Special Council Meeting May 8, 1963 Page 2 Planning Commission were conclusions and opinions rather than basicfacts; and that in order for zoning to restrict the lawful use of property it must be proven that the proposed use of the property would he detrimental to the health, safety, or morals of the community. He spoke in support of each ofthe proposed changes on the basis that the definition, of home occupations as now set out in the Zoning Ordinance is discriminating since it lists only certain occupations; that since beauty parlors are presently existing in homes, both illegally and - legally by special use permits, that more effective control and regulation is needed and strongly desired by other beauty operators; that in the "A-2" Dis- trict a beauty shop operation can in no way be damaging to the transient atmos- phere; that in the "AT" District the convenience to women tourists would be an added attraction; and that in the "B -1A" Tourist Court District it would also be beneficial in the area. The following appeared and spoke in support of the requested amend- ments, including the proposed changes to the Building Code, on the basis of the study made by a Committee of the Cosmetologists Club and voted for by the ap- proximately 200 members: Michael Miola, Donald Cole, Clouis Fisher, Mrs. Clara - belle Carter, Mrs. 0. H. Turner, Mrs. U. R. Butts, Jr., Mrs. L. D. Smith, Miss Rita George, Miss Emma Smith, and Mrs. Georgia Prier; and Noe C. Garza, who stated he was particularly in favor of the application as it related to the "AB" District. City Attorney Singer reminded the Council that when the Zoning ordin- ance now in effect was under discussion, the Legal Department had prepared a definition of permitted home occupations based on standards as to noise, odor, traffic, etc. rather than a recitation or list of such home occupations, and urged that the recommendation of the Legal Department with reference to this definition of home occupations be reconsidered by the Council rather than any addition to such listing. There followed considerable discussion as to State health regulations, inspection, and procedure in event of violations in regard to beauty parlors, and as to the possibility of a similar request by barber shops for inclusion in the same category. Motion by Wallace, seconded by Roberts and passed that the hearing be closed. • City of Corpus Christi, Texas Special Council Meeting May 8, 1963 Page 3 Motion by Blackmon, seconded by Maldonado and passed that the appli- cation for amendment to the text of the Zoning Ordinance be taken under advise- ment for one week to allow opportunity for thorough discussion. Mayor Barnard announced the public hearing on the application of Noe Garza for a change of zoning from "AB" Professional Office District to "B-1" Neighborhood Business District on all of Lot 5, Block 9, Bay View Addition #2. Mr. Anderson located the property on the map; pointed out the zoning and land use of the area; explained that 35 notices had been mailed out, 2 written returns had been received in favor of the request, and 2 against; and that the recommendation of the Zoning & Planning Commission'was that the request be denied, but that in lieu a Special Permit for a beauty shop operation be approved subject to compliance of off-street parking requirements as permitted under regulations of the "B-1" Neighborhood Business District. Mr. Anderson stated further that if the Council granted the text amendment as recommended by the Zoning & Planning Commission, the applicant would not need to pursue his application in order to accomplish his purpose. Noe Garza, applicant, spoke in support of the granting of a Special Council Permit as recommended by the Zoning & Planning Commission on the basis that he has a prospective tenant anxious to move into the portion of the exist- ing building on the property left vacant by the former tenant, a dentist, for a beauty shop operation, and that no extensive alterations will be needed. Lloyd Hall asked to be recorded as being in favor of the request. No one appeared in opposition to the request. There followed a discussion among the Council as to the effect the granting of such Special Permit would have in the event that the recommended amendment to the text of the Zoning Ordinance with respect to the "AB" District was subsequently approved. It was explained by the Legal Department that since the granting of a Special Use Permit is an amendment to the Zoning Ordinance, Mr. Garza's own occupancy of a portion of the existing building as a law office would become a non -conforming use, and in the event the Council should grant the proposed text amendment with respect to the "AB" District, Mr. Garza's property would remain subject to the off-street parking requirements of the "B-1" Dis- trict as set forth in the granting of the Special Use Permit. • City of Corpus Christi, Texas Special Council Meeting May 8, 1963 Page 4 In view of the foregoing explanation, Mr. Garza requested that his application be tabled until the Council acts on the matter of the text amend- ment. Motion by de Leon, seconded by Roberts and passed that the hearing be closed, and that the application of Noe Garza for a change of zoning on Lot 5, Block 9, Bay View Addition #2, be tabled for one week. Mayor Barnard announced the public hearing on the application of Mr. & Mrs. Guy Winstead for a change of zoning from "R -1B" One -family Dwelling Dis- tract to "B-1" Neighborhood Business District, on all of Lot 15, Block 8, Kool- side Addition. Mr. Anderson located the property on the map; pointed out the zoning and land use of the area; explained that Mrs. Winstead desires to move her beauty shop operation from its location across the street, where it exists as a non -conforming use, to this triangular shaped lot; stated that 26 notices were mailed out, 2 written returns had been received in favor of the request and 4 against, and that 1 petition had been received in favor of the request, signed by the customers of Mrs. Winstead's beauty shop across the street on Gollihar. Mr. Anderson called attention to 2 problems related to the zoning of the subject property, one is a drainage problem at the rear of the lots on the Southeast side of Lum Avenue which are in this triangular block; and the other being the probable need for additional right-of-way for the widening of Gollihar to accomodate the tremendous increase in traffic with the building of the proposed new high school farther down on Gollihar, whichshouldbe taken into consideration as to any construction on the subject property. Mr. Anderson stated that the recommendation of the Zoning & Planning Commission was that the request for "B-1" be denied but that "AB" Professional Office Dis- trict be approved, and reminded the Council that this recommendation was con- tingent upon the passage of the recommended text amendment. Mr. and Mrs. Guy Winstead, the applicants, appeared in support of the application, presented site plans for the proposed development shoving a 35' set- back from the Gollihar side of the property, 7710 sq.ft. of paved parking area, and a masonry building of fireproof construction, with steel roof, aircondi- tioning and heating, of 1400 sq.ft. of floor space. • City of Corpus Christi, Texas Special Council Meeting May 8, 1963 Page 5 No one appeared to oppose the application. Motion by Young that the hearing be closed and the recommendation of the Zoning & Planning Commission be concurred in, and the request for "B-1" Dis- trict be denied but that "AB" Professional Office District be approved for all of Lot 15, Block 8, Koolside Addition. Mr. Winstead reminded the Council that the "AB" zoning would serve his purpose only if the recommended text amendment was also approved. Commissioner Young withdrew his motion. Motion by Maldonado, seconded by de Leon and passed that the hearing be closed, and the application be tabled for one week. Mayor Barnard announced the public hearing on the application of Wm. P. Riddick for a change of zoning from "R-2" Two-family Dwelling District to "AB" Professional Office District on all of Lots 10, 11, 12, 13, Block 1, Ala- meda Place. Mr. Anderson located the property on the map; pointed out the zoning and land use of the area; explained that 30 notices had been mailed out, 11 written returns had been received in favor of the application, and none opposed; and stated that the recommendation of the Zoning & Planning Commission was that the application be approved. Mr. Riddick, the applicant, Joe Williams, architect, and the Rever- end Dexter Moser, pastor of St. Marks Lutheran Church which is presently on the property but soon to be relocated, appeared in support of the application. No one appeared in opposition to the request. Motion by Wallace, seconded by Roberts and passed that the hearing be closed, and the change of zoning on all of Lots 10, 11, 12, and 13, Block 1, Alameda Place, to "AB" Professional Office District, be approved. There being no further business to come before the Council, the special meeting was adjourned.