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HomeMy WebLinkAboutMinutes City Council - 08/02/1971 - SpecialMINUTES CITY OF CORPUS CHRISTI, TEXAS SPECIAL COUNCIL MEETING August 2, 1971 4:00 P.M. PRESENT: Mayor Ronnie Sizemore Mayor Pro Tem Charles A. Bonniwell Commissioners: Rev. Harold T. Branch Thomas V. Gonzales Gabe Lozano, Sr. J. Howard Stark Assistant City Manager Archie Walker City Attorney James R. Riggs City Secretary T. Ray Kring • Mayor Sizemore called the meeting to order and stated the purpose of the Special Meeting was to hold public hearings on seven zoning cases and any other business as may properly come before the Council. City Secretary T. Ray Kring called the roll of those in attendance. Mayor Sizemore announced the public hearing on Application 4371-12, A. C. Brown, for change of zoning on Lots 1 through 4, Block C & D, and the West 10 feet of Lots 1 and 4, Block E, Lexington Place. He explained that the request was heard by the Planning Commission March 30, 1971, and forwarded to the Council with the recommendation that the request be denied, but in lieu thereof a Special Permit be granted for a two-year period for a lumber yard and portable building sales office, according to the approved plot plan with the provision that a fence be constructed along the rear and side property lines. Mr. John Padillo, attorney representing the applicant, stated that the recommendation of the Planning Commission to grant a Special Permit was acceptable with the exception of the two-year limitation. Senior City Planner Larry Wenger explained that the property had been leased to a -building company following Hurricane Celia on a temporary basis, and that the Commission felt that since this use was on a temporary basis the special permit should terminate within the two-year period; also that it was felt that this particular use on a permanent basis would encourage further industrial type uses which would not be in keeping with the character of the neighborhood. He stated that because of the undetermined status of the use of the property the Commission recommended granting the Special Permit for two years. Mr. Padillo gave background history of why the operation had the reputa- tion of being temporary. He stated they were in the process of negotiating a purchase contract and that in order for the business to succeed the operation has to be on a permanent basis. He explained that a lumber yard similar to that of • Minutes Special Meeting August 2, 1971 Page 2 Nicholson Lumber Company is planned with lumber sheds for storage, which will require an investment of a considerable amount of money. He stated he could not understand the reasoning of the two-year limitation since the existing business is permitted. He explained that all conditions of the temporary permit had been complied with, that the premises had been cleaned up and screened by a 6 -foot chainlink fence. No one appeared in opposition to the recommendation of the Planning Com- mission. Motion by Bonniwell, seconded by Gonzales and passed, that the hearing be closed. Motion by Lozano, seconded by Bonniwell and passed, that Application #371-12 A. C. Brown, for change of zoning from "R -1B" One -family Dwelling District and "B-4" General Business District to "I-2" Light Industrial District, on Lots 1 thru 4, Blocks C & D, and the west 10 feet of Lots 1 & 4, Block E, Lexington Place, located in the 2800 Block of South Padre Island Drive, be denied, but in lieu thereof a Special Permit be granted without the two-year limitation for a lumber yard and portable building sales office, according to the approved plot plan with the provision that a fence be constructed along the rear and side property lines, and that an ordinance be brought forward effectuating the Special Permit. Mayor Sizemore announced the public hearing on Application #571-7, Ted Anderson, for change of zoning from "R -1B" One -family Dwelling District and "AB" Professional Office District to "I-2" Light Industrial District, on all of Kibby Industrial Subdivision and a small area out of the southeast corner of Lot 2, Byron Willis Subdivision. He explained the request was heard by the Planning Commission on May 25, 1971, and forwarded to the Council with the deed restriction information limiting objectionable uses of the property and with the recommendation that it be approved as requested. He stated a warehouse operation is proposed. Mr. Ted Anderson, applicant, was present and stated he had no objections to the recommendation of the Planning Commission. Mr. David Tripson, 5236 Weber Road, manager of the Weber Square Apartments, spoke in opposition, stating that since the Commission hearing the applicant had submitted ten deed restrictions and that these ten restrictions omitted numerous uses permitted under the "I-2" classification which are listed in the ordinance. He named objectionable uses such as smoke, trash and trucking which would be • • Minutes Special Council Meeting August 2, 1971 Page 3 hazardous to the homeowners and their children since their property backs up to the property line of the subject property. He stated the requested uses permitted under the "I-2" classification would also affect the occupancy of the Weber Square Apartments and the clinic located in the area. Mr. Ed S. White, 4202 Hermosa, spoke in opposition stating that he purchased his property on the assumption that the adjaceit property was zoned "R -1B". He stated all the property owners along Weber Road were opposed to the requested change on the basis that property values would be decreased and would be a detriment to the homeowners. Dr. E. L. Holt, co-owner of the Weber Apartments and the Holt-Pruessner Clinic at 5202 Weber, spoke in opposition stating that the granting of "blanket" zoning on this property would be a detriment to both these operations. He stated he was also speaking on behalf of Mr. George V. Rohrman, owner of adjacent property. Dr. Holt stated that if the building setback lines were at least 10 feet from the easement and twenty feet from the property line with proper screening, they would be more favorable to the request. Mr. Sam Allen, owner of adjacent property, stated he had no objection to the requested change and wanted to see the property developed, but would be opposed to it unless a solid screening fence is constructed. Mr. Ted Anderson, applicant, stated that this is very valuable property and what is planned for its development would greatly enhance rather than devalue the area properties. He stated he is completely agreeable to the screening fence and setback requirements. He pointed out that this is a five to ten year projected development with an investment of a large sum of money; and that a special permit would not be acceptable because it is impossible at this time to designate a site plan. Motion by Lozano, seconded by Branch and passed, that the hearing be closed. Motion by Bonniwell, seconded by Branch and passed, that the foregoing matter be tabled for further consideration. Mayor Sizemore announced the public hearing on Application #671-7, Page Gabriel, for change of zoning from "R -1B" One -family Dwelling District to "I-2" Light Industrial District, on a 20 -acre portion out of Lots 11 & 14, Sections 5, Range 8, Gugenheim & Cohn Farm Lots. Re stated the request was heard by the • Minutes Special Council Meeting August 2, 1971 Page 4 Planning Commission June 22, 1971, and forwarded to the Council with the recommenda- tion that it be approved. No one appeared in opposition to the recommendation of the Planning Com- mission. Motion by Bonniwell, seconded by Branch and passed, that the hearing be closed. Motion by Bonniwell, seconded by Gonzales and passed, that the recommenda- tion of the Planning Commission be concurred in and that Application #671-7, Page Gabriel, for change of zoning from "R -1B" One -family Dwelling District to "I-2" Light Industrial District, on a 20 -acre portion out of Lots 11 & 14, Section 5, Range 8, Gugenheim & Cohn Farm Lots, located north of Old Brownsville Road, approxi- mately 2,000 feet west of South Padre Island Drive, be approved as requested, and that an ordinance be brought forward effectuating the change. Mayor Sizemore announced the public hearing on Application #671-8, E. T. Delgadillo, for change of zoning from "R -1B" One -family Dwelling District to "B-1" Neighborhood Business District on all of Lots 21 & 22, Block 1, Hudson Acres. He stated the request was heard by the Planning Commission on June 22, 1971, and for- warded to the Council with the recommendation that it be denied for the following reasons: (1) some residents of Hudson Acres Subdivision are trying to improve their properties; (2) some of the Commissioners felt that apartments could not be developed in the manner requested; and (3) the property of request is already sufficiently developed. Mr. Pedro Garcia, attorney representing the applicant, stated that this request is being made for the purpose of rebuilding the two one -unit structures which were destroyed by Hurricane Celia. He explained that his client had owned this property before Main Drive was taken into the City limits, had operated a total of seven one -bedroom apartments on it, and that adequate parking was provided. He pointed out that even if this request is denied, the other five apartments and tavern will still be there as nonconforming uses which cannot be changed. He stated he did not think the buildings were over 507 destroyed by Hurricane Celia. Mr. Joe Hernandez, 1528 Main Drive and Mr. Manuela Mendez, 1606 Main Drive, spoke in opposition to the foregoing request, stating the area was developed under false pretenses; the noise from the tavern is a nuisance, and the residents in the • Minutes Special Council Meeting August 2, 1971 Page 5 area are opposed to its continuation. Mr. Garcia stated they are not asking for change of zoning to build the tavern; that there are other establishments in the area who sell alcoholic beverages, and that the requested change of zoning will not affect the operation of the drive-in grocery store which is non -conforming. Motion by Bonniwell, seconded by Stark and passed, that the hearing be closed. Motion by Stark, seconded by Bonniwell and passed, Lozano abstaining and Gonzales voting "Nay", that the recommendation of the Planning Commission be con- curred in and that Application #671-8, E. T. Delgadillo, for change of zoning from "R -1B" One -family Dwelling District to "B-1" Neighborhood Business District on all of Lots 21 & 22, Block 1, Hudson Acres, be denied. Mayor Sizemore announced the public hearing on Application #671-9, Jack Ryan, Trustee, for change of zoning on two tracts of land, Tracts C & D, out of Lot 1, and 2, Section 9, Bohemian Colony Lands. He stated the request was heard by the Plan- ning Commission June 22, 1971, and forwarded to the Council with the recommendation that it be approved on the basis that it would only be an extension of the existing zoning on Tracts A & B. No one appeared in opposition to the recommendation of the Planning Commis- sion. Motion by Lozano, seconded by Gonzales and passed, that the hearing be closed. Motion by Lozano, seconded by Gonzales and passed, that the recommendation of the Planning Commission be concurred in and that Application #671-9, Jack Ryan, Trustee, for "B-4" General Business District on Tract C, a portion of Lot 1, Section 9, Bohemian Colony Lands; and for "A-1" Apartment House District on Tract D, a portion of Lot 2, Section •9, Bohemian Colony Lands, be approved, and that an ordinance be brought forward effectuating the change. Commissioner Bonniwell requested that the records show that he abstained on the foregoing actions relative to Application #671-9. Mayor Sizemore announced the public hearing on Application #671-10, Brad Bullard, for change of zoning on all of Lot A, Tract 4, Wilkey Partition,stating that the request was heard by the Planning Commission June 22, 1971, and forwarded to the Council with the recommendation that it be denied, but in lieu thereof a • Minutes Regular Council Meeting August 2, 1971 Page 6 Special Permit be granted for a rental warehouse operation subject to the plot plan submitted on the basis that it would be an appropriate extension of commercial uses along South Padre Island Drive. No one appeared in opposition to the foregoing recommendation of 'the Plan- ning Commission. Motion by Bonniwell, seconded by Branch and passed, that the hearing be closed. Motion by Bonniwell, seconded by Branch and passed, that the recommendation of the Planning Commission be concurred in and that Application #671-10, Brad Bullard, for change of zoning from "B-4" General Business District to "I-2" Light Industrial District, on all of Lot A, Tract 4, Wilkey Partition, located at 5855 South Padre Island Drive, be denied, but in lieu thereof a Special Permit be granted for a rental warehouse operation subject to the plot plan submitted, on the basis that it would be an appropriate extension of commercial uses along South Padre Island Drive, and that an ordinance be brought forward effectuating the Special Permit. Mayor Sizemore announced the public hearing on Application #671-11, John Thomason, for change of zoning on all of Lots 18 & 19, Block 11, Gardendale #2. He explained that the request was heard by the Planning Commission June 22, 1971, and forwarded to the Council with the recommendation that it be approved since the development would conform with the existing uses along South Staples Street and would establish a common depth of business property along this thoroughfare. No one appeared in opposition to the recommendation of the Planning Commis- sion. Motion by Bonniwell, seconded by Lozano and passed, that the hearing be closed. Motion by Lozano, seconded by Bonniwell and passed, that the recommendation of the Planning Commission be concurred in and that Application #671-11, John Thomason, for change of zoning from "R -1B" One -family Dwelling District to "B-1" Neighborhood Business District, on all of Lots 18 & 19, Block 11, Gardendale #2, located in the 5500 Block of Williams Drive, be approved, and that an ordinance be brought forward effectuating the change. There being no further business to come before the Council, the meeting was adjourned at 5:30 p.m.