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HomeMy WebLinkAboutMinutes City Council - 04/13/1970 - SpecialMINUTES CITY OF CORPUS CHRISTI, TEXAS SPECIAL COUNCIL MEETING April 13, 1970 2:00 p.m. PRESENT: Mayor Jack R. Blackmon 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 Bob Coffin City Secretary T. Ray Kring Mayor Jack R. Blackmon called, the meeting to order and stated the purpose of the Special Meeting was to hold public hearings and any other business as may properly come before the Council. He asked that it be noted that a quorum was present, and explained the procedure to be followed. Mayor Blackmon directed that the Minutes reflect that the Council paused to honor the memory of Mr. John Joseph Mireur who passed away Sunday, April 12, 1970. It was noted that Mr. Mireur, at the time of his death, was the oldest elected City Official, having reached his 90th birthday September 25 of last year; was an outstanding businessman and church leader, and active in numerous projects for the growth and betterment of the City. His demise is mourned by his many friends. Mayor Blackmon directed that the flag on all City buildings be flown at half mast Tuesday, April 14, the day of his interment. Mayor Blackmon announced the public hearing on Application #469-3, Adolfo Chapa, for change of zoning from "B-1" Neighborhood Business District to "1-2" Light Industrial District, on Lot 5, Block 11, Molina Subdivision No. 2, located in the 4600 Block of Barrera Drive. Senior City Planner Larry Wenger pointed out the location of 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 held April 1, 1969, Mr. Noe Garza, attorney representing the applicant, stated that the request was initiated for the purpose of making the present operation a conforming use and for the enlargement of the building. Mr. Wenger stated that no one appeared at the hearing in opposition; that prior to the hearing the Staff mailed 27 notices, three received in favor and none in opposition; that it was the recommendation of the Commission that the request be denied, but in lieu thereof a Special Permit be granted for an upholstery shop and the enlargement -• Minutes Special council Meeting April 13, 1970 Page 2 of the pr: sent building according to a plot plan to be approved by the Commission, and that the Staff rec• mmended denial on the basis that it would constitute spot zoning and would not be in keeping ith the character of the surrounding area and in conflict with the Neighborhood Improve ent Program sponsored by the City. r. Wenger explained that following numerous attempts to get a plot plan, it was submitted for consi.eration of the Commission on January 20, 1970, and was not acceptable; that a motion passed th.t a new plot plan be submitted with the following requirements: (1) no head -in parking on Barrer • Drive; (2) the parking lot must be at least 46 feet wide; (3) that the parking area be paved wi h asphalt; (4) that protective screening be provided along each side of the property; and (5) t at proper drainage be provided. A new plot plan was submitted by the applicant's engineer on February 3, 1970, which met 4 of the 5 requirements excluding the requirement for asphalt d iveway; that a motion to approve the plot plan waiving the asphalt driveway requirement resulted in a tie vote and was further tabled; and that on February 17, 1970, the matter was again co sidered and was approved includingo the requirement that the parking area and driveway be paved with asphalt. r. Noe Garza, attomey representing Mr. Chapa, spoke in favor of the request and explainethat before the upholstery shop was established, Mr. Chapa's parents operated a small grocery s ore on this property; that when the grocery store operation closed, their sons established the upholery shop in the building; that the building is not large enough to accommodate their needs, a d since it is in violation, a building permit could not be obtained to enlarge the present building. He stated the upholstery shop has been in operation for six years; that there will be no manufact ring or repair of furniture; that his client works primarily on contract with furniture stores wi h practically no drive-in business.:or parking in front. He stated that a Special Permit would be satisfactory since they only wish to continue the existing operation; that there have been no .omplaints from the neighbors the six years it has been in operation; that the drainage requirem-nt could be met, but that the asphalt driveway would make the accessory more expensive than the •uilding, and they are requesting that a Special Permit be granted without the asphalt driveway requirement. s Minutes Special ouncil Meeting April 13 1970 Page 3 Alt r. Adolfo Chapa, applicant, spoke on behalf of the application and stated his property is fenced; that he has sufficient facilities to dispose of the residue and trash from the operation, and that the operation would be conducted in a neat and sanitary manner. r. Francisco Zamora, resident of adjacent property, stated he is in favor of the request, and that it would not adversely affect his property. o one appeared in opposition to the foregoing application. otion by Bradley, seconded by Sizemore and passed, that the hearing be closed. otion by Bradley, seconded by Lozano and passed, Roberts passing, that Application #469-3, r. Adolfo Chapa, for change of zoning from "B-1" Neighborhood Business District to "1-2" Light Industrial District, on Lot 5, Block 11, Molina Subdivision No. 2, located in the 4600 Block of Barrera Drive, be denied, but in lieu thereof, a Special Permit be granted for an up olstery shop and the dnlargement of the present building, with a minimum of four parking s.aces, and that the requirement of an asphalt driveway and parking lot, be waived, and that •n ordinance be brought forward effectuating the Special Permit. ayor Blackmon announced the public hearing on Application #370-1, Mrs. Leona Sands an.. Ludavine O'Neal, for change of zoning from "R -1B" One -family Dwelling District to "B-4" General Business District, on Lots 3 and 4, Block 1 and J, Lexington Place, located in the 2.10 Block of Padre Island Drive. •rry Wenger presented the application; pointed out the location of the zoning and land use map, and described the zoning and land use in the surrounding area. He stated that Mrs. Sands proposes to construct a retail furniture store on Lots 3 and 4, Block 1, and Lot 4, Block J, as well as • Lots 1 and 2, Block 1, and Lot 1, Block J, which front on Padre Island Drive and are alre••y zoned "B-4"; that Mr. O'Neal proposes to use his property (Lot 3, Block J) which is includ-d in the request for an imported car sales and service in conjuction with Lot 2, Block J. He state that prior to the Commission hearing held March 3, 1970, the Staff mailed seven notices, four received in favor and none in opposition; that no one appeared in opposition; that it was the recommendation of the Planning Commission that the request be approved. o one appeared in opposition to the foregoing application. otion by Sizemore, seconded by Bradley and passed, that the hearing be closed. • Minutes Special Iouncil Meeting April 13, 1970 Page 4 • otion by Sizemore, seconded by Bradley and passed, McDaniel passing, that the recomme dation of the Planning Commission be concurred in and that Application #370-1, Mrs. Leo a Sands and Ludavine O'Neal, for change of zoning from "R -1B" One -family Dwelling District t . "B-4" General Business District, on Lots 3 and 4, Blocks I and J, Lexington Place, located i the 2900 Block of Padre Island Drive, be approved as requested, and that an ordinance be broug tforward effectuating the change. ayor Blackmon announced the public hearing on Application #370-2, Eddie Buhidar, for chang- of zoning from "R -1B" One -family Dwelling District to "B-4" General Business District, .n Lots 4 and 5, Block 2, Baywood Addition, located in the 1200 Block of Baywood Lane. L rry Wenger located the property on the zoning and land use map and described the zoning a d land uses in the surrounding territory; stated that at the Commission hearing held March 3, 1970, it was pointed out that the request was for the expansion of the store and a warehous to be used in conjunction with the existing Bluff Saveway Grocery Store owned by the appli. ant. Mr. Wenger also pointed out that an Humble Oil pipeline easement is located in the 15 foot rear portion of the property and that construction should not be allowed on this easement stated that no one appeared in opposition; that prior to the hearing, the Staff mailed twenty n.tices, five received in favor and none in opposition; and that it was the recommendation of the PI•nning Commission that the request be approved. r. Walter Breland, contractor, appeared representing the applicant, and stated that expansio of the store and warehouse was proposed to be attached to the rear of the existing Bluff Say way Grocery Store; that the expansion would be 40' x 60' of steel construction; that the building would be set back about 70 feet from Baywood Lane, and that the building would be inset abo t 10 feet from the existing building. 0 one appeared in opposition to the foregoing application. otion by Bradley, seconded by Lozano and passed, that the hearing be closed. otion by Bradley, seconded by de Ases and passed, that the recommendation of the Planning ommission be concurred in and that Application #370-2, Eddie Buhidar, for change of zoning fr m "R -1B" One -family Dwelling District to "B-4" General Business District, on Lots 4 and 5, BI.ck 2, Baywood Addition,located in the 1200 Block of Baywood Lane, be approved as requested and that an ordinance be brought forward effectuating the change. • Minutes Special C•uncil Meeting April 13, 1970 Page 5 deb 1 Mayor Blackmon announced the public hearing on Application #370-3, Dr. C. E. Padgett a d Robert Lindley, for change of zoning from "R -1B" One -family Dwelling to "AB" Profession.I Office District, on the North 120 feet of Lot 1, Block 7, Gardendale No. 1, located i the 5600 Block of Everhart Road on the Southeast corner of the intersection of Cain Driv- and Everhart Road. Larry Wenger presented the application; pointed out the location on the zoning and land use map, .nd described the zoning and land uses in the surrounding area; stated that at the Com- mission hraring held March 3, 1970, Mr. Tim Clower, realtor spoke on behalf of the applicant and expla ned that an application was made on the entire Lot 1 (300' x 100') for "B-1" Neighbor- hood Busi ess District, in December 1969, and at that time the Council granted "B-1" on the south 180 feet only because it was felt the north 120 feet should remain "R -1B" to provide a buffer bet een the proposed business and the existing residential area; that Mr. Clower stated the single family residence which is presently located on the subject property will be moved and that t e new structure will be compatible with the residences in the area. Mr. Wenger stated that no o e appeared in opposition to the request; that prior to the Commission hearing, the Staff mail -d thirteen notices, four received in favor and none in opposition; that it was the recommen.ation of the Planning Commission that the application be approved as requested; that the Staff elt circumstances had not changed since the application was made in December, 1969, and that o evidence was presented to justify the requested change of zoning. . Tim Clower, Koepke and Clower Realtors, spoke on behalf of the applicants, stating that they ave an option to buy the entire lot, and that at the time the application was previously presented he was not in a position to make a decision; that the situation has since been re- evaluate•! and they proposed to use the property for an insurance company and a doctor's office. He stated it is felt that the street is a logical break to buffer "AB" zoning from "R -1B"; that if this prop=rty is not zoned "AB" and becomes vacant by removal of the residence, it will probably remain v. cant. He presented photographs of the subject property and surrounding area. o one appeared in opposition to the foregoing application. otion by Sizemore, seconded by Lozano and passed, that the hearing be closed. • Minutes Special C•uncil Meeting April 13, 1970 Page 6 41, • M.tion by Sizemore, seconded by Roberts and passed, that the recommendation of the Planning i ommission be concurred in and that Application #370-3, Dr. C. E. Padgett and Robert Linley, for change of zoning from "R -1B" One -family Dwelling District to "AB" Profession .I Office District, on the North 120 feet of Lot 1, Block 7, Gardendale No. 1, located i the 5600 Block of Everhart Road on the Southeast corner of the intersection of Cain Drive and Everhart Road, be approved as requested, and that an ordinance be brought forward effectuati g the change. M.yor Blackmon announced the public hearing on Application 0.370-4, Mrs. Jessie Lee Harp , for change of zoning from "R -1B" One -family Dwelling District to "AB" Professional Office Di trict, on Lot 19, Block C, Reynolds No. 1 Addition, located at 3025 Carver Drive. L•rry Wenger presented the application; pointed out the location on the zoning and land use map; ated that the request was heard by the Planning Commission March 3, 1970, at which time it w.. explained that the applicant had been granted a Special Permit to operate a two -chair beauty pa for on December 27, 1967, which expired on December 27, 1969; that the applicant desires to obtain permanent zoning so it will not be necessary to re -apply every two years. He stated tha no one appeared in opposition to the request; that prior to the hearing, the Staff mailed 34 notices, one received in favor and none in opposition; that it was the recommendation of the Pla ning Commission that the application be approved as requested, and that the Staff favored a Special Permit for a 2 -chair beauty parlor, the same as originally granted. s. Jessie Lee Harper was present in support of the request and stated she had no objection to a special permit if it could be on a permanent basis. N. one appeared in opposition to the foregoing application. •tion by Sizemore, seconded by de Ases and passed, that the hearing be closed. •tion by Bradley, seconded by de Ases and passed, that the recommendation of the Staff be concu red in and that Application #370-4, Mrs. Jessie Lee Harper, for change of zoning from "R -1B" •ne-family Dwelling District to "AB" Professional Office District, on Lot 19, Block C, Reynolds o. 1 Addition, located at 3025 Carver Drive, be denied, but in lieu thereof, a Special Council ermit for operation of a 2 -chair beauty shop be granted with no outdoor advertising other tha one sign limited to one square foot in area, with no time limit specified, same being • Minutes Special Council Meeting April 13, 1970 Page 7 as originally granted, but without a time limitation, and that an ordinance be brought forward effectuating the change. Mayor Blackmon announced the public hearing on Application 1370-5, The Planning Commission, for change of zoning from "R -1B" One -family Dwelling District to "B-4" General Business District, on Lot 3 and 4, Blocks A, B, C, D, E, and F, Lexington Place, located in the 2800 and 2900 Blocks of Padre Island Drive. 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 held March 3, 1970, it was pointed out by the Staff that Lots 3 and 4, Block E, had already been given a Special Permit for A-1 U -Store -It Warehouse; that the Council had also approved a Special Permit for an extension of the warehouse operation subject to the applicant submitting a revised plot plan on Lots 3 and 4, Block F; and that the Commission initiated the request on the basis that they feel "B-4" zoning should be expanded on all of Lots 3 and 4, in Blocks A through F which would be a logical expansion of the present zoning on Lots 1 and 2 of these same blocks which front on South Padre Island Drive. Mr. Wenger stated that no one had appeared in opposition to the request; that prior to the hearing the Staff mailed out 21 notices, two received in favor and one in opposition; that it was the recommendation of the Planning Commission that it be approved as requested, and that the Staff concurred in this recommendation, but stated there is some question as to the effect of "B-4" zoning on Lots 3 and 4 (Block E) and Lots 3 and 4 (Block F) due to the fact that those lots have already been developed for a specific use under the terms and conditions of a Special Permit. A lengthy discussion followed relative to the general plan of the subject srea.City Manager Townsend stated the property is not well planned; that there is a problem of egress and ingress with two deadend streets and a third street existing only on paper which should be resolved, and that a simple change in zoning will not correct all the problems. Mr. Arturo M. Gomez, 2747 Nemec, appeared and stated that :he had been maintaining the area of the unopened street for seven years, and inquired as to whoshould assume this responsibility. Mr. Gomez was advised that the City should maintain the street. s Minutes Special Council Meeting April 13, 1970 Page 8 No one appeared in opposition to the foregoing application. Motion by Sizemore, seconded by Roberts and passed, that the hearing be closed. Motion by Bradley, seconded by Sizemore and passed, that the foregoing application be tabled for further consideration. Mayor Blackmon directed that the Staff investigate and submit a recommendation relative to the access to the property and the matter of the unopened street. There being no further business to come before the Council, the meeting was adjourned.