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HomeMy WebLinkAboutMinutes City Council - 06/25/1969 - SpecialMINUTES CITY OF CORPUS CHRISTI, TEXAS SPECIAL COUNCIL MEETING June 25, 1969 3:00 p.m. PRESENT: Mayor Pro Tem Gabe Lozano, Sr. Commissioners: Dick Bradley, Jr. Eduardo E. de Ases Ken McDaniel W. J. Roberts Ronnie Sizemore City Manager R. Marvin Townsend Assistant City Attorney Jim Riggs City Secretary T. Ray Kring Mayor Pro Tem Gabe Lozano called the meeting to order and asked that it be noted that a quorum was present. He stated the purpose of the Special Meeting was to hold public hearings on four zoning applications, and any other business as may properly come before the Council, and explained the procedure to be followed. Mayor Pro Tem Gabe Lozano announced the public hearing on Application 'f569 t, Cap'n Syd's, Inc., for change of zoning from "B-1" Neighborhood Business District to "B-4" General Business District, on Lots 5 & 6, Block 2, Avalon Addition, located in the 4200 Block of South Alameda Street. Senior City Planner Larry Wenger located the property on the zoning and land use map and described the zoning and land uses.. in thesurrounding area;stated"that at the Commission hearing held May 27, 1969, Mr. Robert B. Wallace, attorney and co-owner„ stated that the existing Ship Ahoy Restaurant would be converted into Cap'n Syd's in June of this year by Mr. James R. Hill, present owner of Ship Ahoy, and lessee for the property, and that they proposed this to be a model store to start a franchise dealership all over the United States. Mr. Wenger stated that no one had opposed the request; that the Staff mailed out four notices, four were received in favor and none in opposition and that one was received in favor at the public hearing; that it was the recommendation of the Staff that the request be approved. He pointed out that it was also the Staff's recommendation that all of Block 2 could be considered for this type of zoning. He stated that the Planning Commission's recommendation was that it be approved as requested. Minutes Special Council Meeting June. 25, 1969 Page 2 No one appeared in opposition to the foregoing application. Motion by Bradley, seconded by de Ases and passed, that the hearing be closed, Motion by Roberts, seconded by Sizemore and passed, that the recommendation of the Planning Commission be concurred in and that Application #569-7, Cop'n Syd's, Inc., for change of zoning from "8-1" Neighborhood Business District to "B-4" General Business District, on Lots 5 and 6, Block 2, Avalon Addition located in the 4200 Block of South Alameda Street, be approved os requested and that an ordinance be brought forward effectuating the change. Moyor Pro Tem Lozano announced the public hearing on Application #569-9, H. L. Edens, for change of zoning from "R -1B" One family Dwelling District, "B-1" Neighborhood Business District and "B -1A" Tourist Court District, to "8-4" General Business District, on Lots 1, 2, and 3, Woodlawn Annex and #2, located at 6327 McArdle Road. Larry Wenger presented the application and explained that after the Planning Commission hearing of May 27, 1969, the applicant had requested that Lot 3, plus the remaining area included in Lot 3, be withdrawn from the application, Mr, Wenger explained that the Council is only concerned with the request to change the zoning on Lots 1 and 2. He pointed out the location on the zoning and land use map and described the zoning classifications in the general area; stated that a Special Permit hod been granted on an adjoining tract to Lexington Drive -In Theater, Inc. at one time, but that it hod expired and the applicant had not developed the property according to the request; that at the Commission hearing Mr. Edens had stated that a metallic building to house a mechanic garage is proposed for Lot 1, and that the existing building would be removed. Mr, Wenger stated that a "Gold Nugget Saloon" is in operation on Lot 2 at the present time; that no one appeared at the hearing in opposition; that the Staff mailed out sixteen notices, one was received in fovor and none in opposition; that it was the recommendation of the Staff that the application be denied on the basis that there is already sufficient business zoning in the area, and that the Commission concurred in this recommendation, concluding that this is a neighborhood business area rather than general business. • e. Minutes Special Council Meeting June 25, 1969 Page 3 Mr. H. L. Edens appeared in behalf of the application and explained that the 25' strip off of both his and Mr. Graford Rogers' property had been reserved for a 50 -foot dedicated roadway, that he and Mr. Rogers planned to develop all the property as o joint project. Mr. Edens explained that a large manhole had been installed on McArdle Road 24' deep which had cost a considerable amount of money, to provide adequate sewage facilities for this tract; stated that he felt his mechanics garage would not be objectionable because there are other such operations in the area; that a Circle "K" and service station are directly across the street on McArdle Road; that he had communicated with Mr. Bruce Collins relative to the Special Permit for construction of a theater on his property, and that Mr. Collins had said they plan to reactivate the theater plans. Mr. Edens stated that a Special Permit for operation of the mechanics garage would be satisfactory, but would prefer to hove both Lots 1 and 2 zoned the same, that a Special Permit for only Lot 1 could pose future problems for the development of Lot 2, but that they have no immediate plans for Lot 2, other than an access road through the back of the property. City Manager Townsend pointed out that the garage as proposed by Mr. Edens is one of the more objectionable of the "B-4" uses. No one appeared in opposition to the foregoing application. Motion by Sizemore, seconded by Bradley and passed, that the hearing be closed. Motion by Sizemore, seconded by Roberts, that Application 1569-9 be denied, but that a Special Council Permit be granted on Lot 1 for operation of a mechanic's garage with the condition that a site plan be approved. A lengthy discussion followed as to the logic of granting a Special Permit for one of the more objectionable uses in the "B-4" classification, and the absence of a site plan. at hand. Commissioner Roberts withdrew the second on the foregoing motion. Motion by Sizemore that "B-4" General Business District be granted on Lots 1 and 2. The motion died for lack of a second. Minutes Special Council Meeting June 25, 1969 Page 4 Motion by Bradley, seconded by McDaniel and passed, Roberts and Sizemore voting "Nay", that the recommendation of the Planning Commission and the Staff be concurred in and that Application 0569-9, H. L. Edens, for change of zoning from "R -1B" One -family Dwelling District on Lot 1, and from "B-1" Neighborhood Business:, District on Lot 2, be denied on the basis that there is already sufficient business zoning in the area. Mayor Pro Tem Lozano announced the public hearing on Application 0569-10, H, L. Edens, for change of zoning from "A -B" Professional Office District to "B-1" Neighborhood Business District, on Lot 1, Wilson Terrace Annex, located at 4529 Weber Road. Larry Wenger located the property on the zoning and land use map and described the zoning and land uses in the surrounding area; stated that at the Commission hearing of May 27, 1969, Mr. Edens appeared and stated that a small radio and TV repair shop is proposed for the property; that there is a large house and double garage with on extra room located on the property and that the repair shop will be located behind the garage, Mr. Wenger stated that one person appeared at the hearing in opposition; that the Staff mailed four notices, one received in favor and three in opposition; that it was the recommendation of the Staff that the request be denied on the basis that existing zoning is adequate for this area and serves as an excellent buffer to adjacent "R -1B" zoning; that the Commission recommended approval of a Special Permit for a home radio and TV repair shop only, according to a plot pion to be approved by the Commission; that on June 24, 1969, the Commission reviewed the plot plan presented by the Staff and recommended that the application be denied, but in lieu thereof, a Special Permit be granted for a home radio and TV repair shop according to the plot plan submitted to the Planning Commission subject to the Following conditions: (1) that access drive 18' in width be provided off of Weber Road to the parking area; (2) that sign requirements be according to those of "8-1" Neighborhood Business District; and (3) approval of the location of the proposed tower according to the plot plan, but the Commission did not feel that they should pass on the height of the pole. • Minutes Special Council Meeting June 25, 1969 Page 5 Mr. Edens spoke on behalf of the request stating that he had constructed 600 feet of 6 -foot redwood fence adjoining the residential and church area when he had been granted "AB" zoning on another application. He stated that this area is too large for a residential lot on a main thoroughfare. Mr. Edens described the proposed development from a site plan which he presented to the Council; stated he did not feel the 18 -foot driveway necessary because this was a pick up and delivery type service. Mr. Bob Goeth appeared and spoke in favor of the application stating that he plans to operate the repair shop and is in the process of purchasing the property. He stated that the majority of the work will be done inside; stated that he does not feel the 18 -foot drive is necessary nor economical; that there would seldom be more than two vehicles on the premises at one time, and pointed out the pian for turning space and parking area. Mr. Marion S. Seaton, 3926 Barnes Drive, stated he had opposed the request at the Commission hearing on the basis that business zoning would decrease the value of his property which is adjacent to the property of request. He stated that he was agreeable as to the conditions of the plot plan recommended by the Planning Commission except that he did not see a need for the 18 -foot driveway; that he was opposed to a high sign, and stated that if the solid wall fence is eliminated then he is opposed to the entire proposal, otherwise he would not oppose it. Mr. Leo Garza, 4006 Barnes Drive and Mrs. R. E. Edwards, 3925 Burnes Drive, spoke in opposition to the change in zoning, but stated they would not be opposed to the Special Permit if tied to the conditions recommended by the Planning Commission. Motion by de Ases, seconded by Bradley and passed, that the hearing be closed. Motion by McDaniel, seconded by Roberts and passed, that Application 0569-10, H. L. Edens, for change of zoning from "AB" Professional Office District to "B-1" Neighbor- hood Business District on Lot 1, Wilson Terrace Annex, located at 4529 Weber Road, be denied, but in lieu thereof, a Special Permit be granted for a home radio and TV repair shop according to the site plan approved by the Planning Commission with the addition of the existing 6 foot cedar fence, subject to the following conditions; (1) that the sign be limited to 10 square feet; (2) that the location of the proposed tower be according to the Minutes Special Council Meeting June 25, 1969 Page 6 plot plan subject to approval of the Board of Adjustment; and that an ordinance be brought forward effectuating the Special Council Permit. Mayor Pro Tem Lozano announced the public hearing on Application #569-11, Coastal Bend Enterprises, for change of zoning from "R -1B" One -family Dwelling District to "A-1" Apartment House District, on the East 1/2 of Lot 9, Block 6, Cabaniss Acres, located at 2346 Carolyn. Street. Larry Wenger presented the application; located the property on the map and pointed out the zoning classifications and uses in the generoi area;, stated that at. the Commission hearing held May 27, 1969, Mr, Jim Pries, owner of Coastal Bend Enterprises, appeared and stated that they propose to construct a triplex on the property which will complete the development storied when his property was annexed into the City and three court -type duplexes were located on it. Mr. Wenger stated that no one had appeared in opposition; that the Staff had mailed eighteen notices, none received in favor and none in opposition; that it was the recommendation of the Staff that the request be approved, and that the Commission concurred in the recommendation. Mr. Pries spoke on behalf of the application and presented a site plan of the proposed development; stated there is a definite need for apartments in this area which is demonstrated by the fact that they usually are rented before he is able to cpmplete them; stated that if the request is granted it would enable him to add a triplex on the East 1/2 of Lot 9 to complete the overall development; that he has always kept his property in good repair and that it is above average in appearpnce. He stated there was evidently some over- sight or error, that he did not realize the "A-1" zoning did not include one of his buildings and that this building has been non -conforming for the last eight years. Mr. Margarito V, Ortega, 2309 Carolyn Drive, spoke in opposition, on the basis that the proposed development would further crowd an already crowded area; stated that some of the buildings which have been moved onto the back of the lots are rundown; that there are small children in the area but that there are no parks or recreational areas; that a precedent will be set for future zoning; and that the overcrowding condition will create small "Ghettos." Mr. Ortega read some ten or twelve names of persons whom he had contacted • Minutes Special Council Meeting June 25, 1969 Page 7 1 and quoted them as having orally opposed the request, stating that some of them are elderly widows who have no transportation to attend public hearings, and who do not understand legal procedures as to written notices of objections. Mr. Pries' son also appeared and spoke in favor of the request. Mrs. Edwards and Susie Edwards, 3925 Barnes Drive, spoke in opposition generally concurring in the statements of Mr. Ortega that the proposed development would overcrowd and blight the area. Motion by de Ases, seconded by Sizemore and passed, that the hearing be closed. Motion by Bradley, seconded by Roberts and passed, with de Ases voting "Nay" that the recommendation of the Staff and Planning Commission be concurred in and that Application #569-11, Coastal Bend Enterprises, for change of zoning from "R -1B" One -family Dwelling District, to "A-1" Apartment House District, on the East 1/2 of Lot 9, Block 6, Cabaniss Acres, located at 2346 Carolyn Street, be approved as requested, and thot an ordinance be brought forward effectuating the change. City Manager Townsend advised Mr. Ortega that written objections could be filed is passed with the Council anytime before the ordinance/and would constitute valid objections relative to envoking the 20 percent rule. City Manager Townsend presented the following ordinances for the Council's consideration. ORDINANCE NO. 9407 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 SEG), OF THE ORDINANCE AND RESOLUTION RECORDS,AS AMENDED FROM TIME TO TIME AND PARTICULARLY AS AMENDED BY ORDINANCE NO. 6106, AS AMENDED, UPON APPLICATION OF FELIX G. WOODCOCK, BY GRANTING A SPECIAL COUNCIL PERMIT FOR TRAILER SALES AND REPAIR OPERATION, SITUATED ON A PORTION OF 6.4 - ACRE PORTION OUT OF LOT 2, GREGORIA FARIAS SUBDIVISION, IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, AS MORE FULLY DESCRIBED ON THE APPROVED SITE PLAN, ATTACHED HERETO AND MADE A PART HEREOF; KEEPING IN EFFECT ALL OTHER PROVISIONS OF THE EXISTING ORDINANCE AS AMENDED; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Lozano, Bradley, de Ases, McDaniel, Roberts and Sizemore, present and voting "Aye"; Bluckmomwas absent. 10- • Minutes Special Council Meeting June 25, 1969 Page 8 ORDINANCE NO. 9408 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 NO, 611, AS AMENDED UPON APPLICATION OF J. H. HOLCOMB BY GRANTING A SPECIAL COUNCIL PERMIT FOR SMALL ANIMAL CLINIC, SITUATED ON TRACT #1, THE NORTH 50 FEET OF LOT 19 AND 20, BLOCK 7, GARDENDALE! 01 ADDITION; AND BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON TRACT >?2, THE NORTH 100 FEET OF LOT 20, SAVE AND EXCEPT THE NORTH 50 FEET OF BLOCK 7, GARDENDALE #1 ANNEX, FROM "R -1B" ONE FAMILY DWELLING DISTRICT TO "B-1" NEIGHBORHOOD BUSINESS DISTRICT; KEEPING IN EFFECT ALL OTHER PROVISIONS OF THE EXISTING ORDINANCE AS AMENDED; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Lozano, Bradley, de Ases, McDaniel, Roberts, and Sizemore, present and voting "Aye"; Blackmon was absent. ORDINANCE NO. 9409 AMENDING THE ZONING ORDINANCE OF THE CIN 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 NO. 6106, AS AMENDED, UPON APPLICATION OF C. C. PUMP SERVICE, INC. BY GRANTING A SPECIAL COUNCIL PERMIT FOR CONSTRUCTION OF AN ENCLOSED STORAGE BUILDING, SITUATED ON LOTS 17 AND 18, BLOCK 2, AUSTIN ADDITION, IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, AS MORE FULLY DESCRIBED ON THE APPROVED SITE PLAN, ATTACHED HERETO AND MADE A PART HEREOF; KEEPING IN EFFECT ALL OTHER PRO- VISIONS OF THE EXISTING ORDINANCE AS AMENDED; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND DECLARING AN EMERGENCY, The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Lozano, Bradley, de Ases, Roberts and Sizemore, present and voting "Aye"; McDaniel voted "Nay"; Blackmon was absent. There being no further business to come before the Council, the meeting was adjourned. I, JACK R. BLACKMON, Mayor of the City of Corpus Christi, Texas, certify that the foregoing minutes, same being for the period of June 1, 1969, through June 30, 1969, inclusive, and having been previously approved by Council action, are by me hereby approved. L� d oeitoel/�T/1�/ JACK R. BLACKMON, Mayor City of Corpus Christi, Texas