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HomeMy WebLinkAboutMinutes City Council - 07/07/1965 - SpecialMINUTES CITY OF CORPUS CHRISTI, TEXAS SPECIAL COUNCIL MEETING July 7, 1965 3:30 p.m. PRESENT: Mayor McIver Furman Mayor Pro Tem Jack R. Blackmon Commissioners: Patrick J. Dunne Dr. P. Jimenez, Jr. Ken McDaniel Ronnie Sizemore Wm. H. Wallace City Manager Herbert W. Whitney City Attorney I. M. Singer City Secretary T. Ray Kring Mayor McIver Furman called the meeting to order. City Secretary T. Ray Kring called the roll of those in attendance. Mayor Furman announced the purpose of the special meeting to hold public hearings on two zoning applications, and such other business as might properly come before the Council; and explained the procedure to be followed. Mayor Furman announced the public hearing on Application #565-3, Joseph Sikora, for change of zoning from "E. -1B" One -family Dwelling District and "I -Z" Light Industrial District to "I-3" Heavy Industrial District on the westerly 1089 feet of Lot 7, Section 8, Bohemian Colony Lands. Tom Lake, Zoning Coordinator, located the property on the map; pointed out the zoning and land use of the area; explained that at the Commission hearing Mr. Coover, representing the applicant, and one other person appeared in favor of the request and three neighboring property owners appeared in opposition; that eleven notices were sent out, one return was received in favor of the request, and five in opposition, and that one additional letter in opposition was received from a person not notified; and stated that the recommendation of the Zoning & Plan- ning Commission was that it be denied on the basis that the requested zoning is out of character with the existing zoning and the proposed use is not appropriate to the character of the area. In answer to a question from the Council, Mr. Lake answered that the applicant wished to continue use of a portion of the property for an auto salvage yard; that it is a non -conforming use in its present status; and that the permanent zoning granted "I-2" leaving it a non -conforming use with a limitation of land use to the exact area shown on the map. City of Corpus Christi, Texas Special Council Meeting July 7, 1965 Page 2 Dave Coover, attorney representing the applicant, explained that this application was necessary largely due to ignorance of the provision in the zoning ordinance which provides that a non -conforming use must apply for a Certificate of Occupancy within twelve months, and a multiplicity of unfortunate circumstances when the property was annexed, in that no one seemed to know whether they were or were not annexed, or the date of annexation if they were annexed. He stated that the applicant does not want "I-3" zoning, since time alone will tell what will develop in that area; that the purpose of the application was to obtain a special Council permit for the continued, expanded existing use of the property; that since it is in the flight area of Cabanies Field and subject to the noise and hazards involved, it is not suitable for residential development as long as Cabanies Field is in operation. He explained that at the permanent zoning hearings it was explained that an existing non -conforming use could continue in operation as such, but could not be re-established or re -built if destroyed by fire, etc., but that the need for applying for a Certificate of Occupancy was not mentioned, so that when requests were later made for permits to build fences, screening, etc., they were turned down because the City Attorney's office had ruled that the Certificate of Occupancy had to be obtained within twelve months after the date of the annexation election although application was made within three months of the effective date of the "I-2" zoning. He explained that it is valuable land with high taxes, and the applicant desires to derive some revenue from the land to help pay the taxes by means of a special Council permit, subject to reasonable limitations, until such time as growth of the area shows how the land should be developed. Mr. Coover pointed out that the "I-2" allows every operation for aircraft and aircraft parts, but not for automobiles, and allows assembly, but not disassembly; and that the applicant desires to be permitted to bring in no more than twenty cars, remove all the sal- vagable parts for resale, have a building to store them in at night, and dispose of the carcass elsewhere. Mr. Coover stated that if granted the special Council permit limited to the presently zoned "I-2" portion of the subject application, additional land in the "I-2" zoning will be made available to the lessee for the operation; and that the applicant is willing to do anything economically feasible and reasonable to make this a temporarily acceptable operation; that the lease City of Corpus Christi, Texas Special Council Meeting July 7, 1965 Page 3 has about seven or eight years to run, but applicant would like to have a five- year permit, and then see how the area has developed. Sid Murray, recent purchaser of the eighty -acre tract adjacent to the subject property, Elbert Cox, nearby property owner, and Larry Nelson, president of a sheet metal operation nearby, opposed the application on the basis that the burning of cars to remove the upholstery and any type of automobile salvage yard operation is most objectionable, that it was understood the junk yards were to be removed in the near future, that Chapman Ranch Road is a main highway into the City and is no place for this type of operation since there is no way to beautify or screen from view property so used; and urged that consideration be given to locat- ing such operations in a special district only with appropriate regulations for screening, landscaping, setbacks and conditions of operation. City Manager Whitney presented a communication signed by F. W. Hoepfner owner of adjoining fifty-two acres, in opposition to the zoning change on the basis that it would be detrimental in value to the entire area and more especially to his property which he plans to develop into a residential subdivision when condi- tions warrant. Motion by McDaniel, seconded by Jimenez and passed that the hearing be closed. Mayor Furman left the meeting temporarily, and Mayor Pro Tem Blackmon assumed the Chair. Mayor Pro Tem Blackmon called for the enabling ordinance on the Sherrill zoning at this time so the interested parties could leave if they so desired; and Mayor Furman returned to the meeting and resumed the Chair. ORDINANCE NO. 7633 AMENDING THE ZONING ORDINANCE OF THE CITY OF CORPUS CHRISTI ADOPTED ON THE 27TH DAY OF AUGUST, 1937, APPEARING OF RECORD IN VOLUME 9, PAGES 565 ET SEQ OF THE ORDINANCE AND RESOLUTION RECORDS, AS AMENDED FROM TIME TO TIME AND PARTICULARLY AS AMENDED BY ORDINANCE N0. 6106, AS AMENDED, BY AMENDING THE ZONING MAP BY CHANGING THE ZONING OF LOT 1, BLOCK 1, AND LOT 1, BLOCK 3, RETAMA GROVE, AN ADDITION IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "R -1B" ONE -FAMILY DWELLING DIS- TRICT TO "A-1" APARTMENT HOUSE DISTRICT; KEEPING IN EFFECT ALL OTHER PROVISIONS OF THE EXISTING ORDINANCE AS AMENDED; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND DECLARING AN EMERGENCY. City of Corpus Christi, Texas Special Council Meeting July 7, 1965 Page 4 The Charter rule was suspended and the foregoing ordinance was passed by the following vote: Furman, Blackmon, Dunne, Jimenez, McDaniel and Wallace, present and voting "Aye"; Sizemore voted "Nay". Motion by McDaniel, seconded by Sizemore and passed that Application #565-3, Joseph Sikora, for a change of zoning be tabled for further study. Commissioner Jimenez was excused from the meeting and departed. Mayor Furman announced the public hearing on Application #565-7, The Templeton Company, for change of zoning from "B-1" Neighborhood Business District to "B-5" Primary Business District on all of Parkdale Village Annex "B". Mayor Pro Tem Blackmon disqualified himself from taking part in this case as the attorney representing the applicant is his law partner. Tom Lake located the property on the map; pointed out the zoning and land use of the area; explained that at the Commission hearing, John North, attorney re- presenting the applicant, was the only person present in support of the application, and no one appeared in opposition; that eighteen notices were sent out, one return was received in favor of the request, and one in opposition; and that the recom- mendation of the Zoning & Planning Commission was that it be denied on the basis that the requested zoning and its permitted uses are incompatible with the existing zoning pattern. Mr. Lake added that the Commission had requested that the follow- ing paragraph be read to the Council at this public hearing as an explanation of the Commission's recommendation: "The Commission generally expressed the opinion that the proposed sign is acceptable and should be considered a compatible accessory use. However, it was their opinion that changing the zoning to allow the proposed sign was not justified." In answer to questions from the Council, Mr. Lake explained that the application is for the purpose of obtaining a sign of 150 square feet or less to be located on the Staples Street side of the property; that most of the signs in this area conform to the "B-1" zoning with a few variances, and that the "B-4" zoning does not permit the requested sign in front of the building line; and that although there is "B-4" and 'B-5" zoning in the surrounding area, most all of the existing uses in the entire pattern fit the "B-1" neighborhood business uses; that all of City of Corpus Christi, Texas Special Council Meeting July 7, 1965 Page 5 the uses in Parkdale Plaza are "B-1" uses; that the "B-4" district is General Busi- ness which includes many services and uses that are not compatible with residential or even apartment zoning and require buffering to protect the adjacent residential areas. John North, representing the Goodyear Tire & Rubber Company and the appli- cant, explained his frustration over attempts before the Board of Adjustment to ob- tain permission to erect the free-standing, double-faced, standard Goodyear sign that is next to the smallest of the four signs used by Goodyear all over the country, and so sized to conform with the size of the particular building. He stated that Good- year wants to locate a warehouse and retail store on Lexington to service the entire Valley because at present all tires come out of San Antonio which is too far a trip; that it was not reasonable in a town like this that has expanded to hold up a company like Goodyear over technicalities. Dave Coover stated that he was present when the representative from Good- year made his presentation, and that Parkdale and Lichtensteins all felt it was a reasonable request and should be granted; that the request had been caught in the dilemma of "Opus" and that he does not feel the same rules should apply to our urban areas as to our Bayfront, and cannot see that the sign would be a detriment to any part of the map. Mayor Furman asked Mr. Coover if he felt there should be a reasonable limitation on signs, and if he felt permits should be granted on the basis of what has been done or what should be done. Mr. Coover answered that the Courts decide what is reasonable since everything would be reasonable somewhere; that he felt the sign requested was entirely reasonable considering everything else in the area; that a large piece of property can be cut into 25 -foot lots each with a sign, but can't have a large sign on the larger property; that somewhere a pattern has been set, that in that area should reasonably be followed; and that in this particular instance he felt the sign request should be granted as well as any similar request in the same area. No one appeared in opposition to the application. City of Corpus Christi, Texas Special Council Meeting July 7, 1965 Page 6 Motion by Wallace, seconded by Sizemore and passed that the hearing be closed. Commissioner Wallace stated that he is probably more opposed in general to large signs than anyone on the Council, but that the Council must be consistent; that this is unquestionably a general business district; that he does not know how the free-standing signs got there, but they are there; that if everyone wants to remove all free-standing signs, he will join them; but that there is no equity or logic in permitting a sign to exist on one lot and deny a similar sign on the lot next door. Motion by Wallace, seconded by McDaniel that the request for "B-5" zoning be denied, but in lieu a special permit to erect a 150 -square foot, free-standing sign on Parkdale Village Annex 'B" be granted. On roll call vote, Furman, Dunne, McDaniel, Sizemore, and Wallace all voted "Aye", Blackmon had disqualified himself, and Jimenez was not present. The Chair declared the motion had passed, and directed that an enabling ordinance be brought forward. There being no further business to come before the Council, the special meeting was adjourned.