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HomeMy WebLinkAboutMinutes City Council - 10/13/1971 - SpecialMINUTES CITY OF CORPUS CHRISTI, TEXAS SPECIAL COUNCIL MEETING October 13, 1971 4:00 P. M. PRESENT: Mayor Ronnie Sizemore Mayor Pro Tem Charles A. Bonniwell Commissioners: Roberto Bosquez, M.D. Rev. Harold. Branch Thomas V. Gonzales Gabe Lozano, Sr. J. Howard Stark City Manager R. Marvin Townsend City Attorney James R. Riggs Assistant City Secretary Bill G. Read • Mayor Sizemore called the Special Meeting to order in the Council Chamber of City Hall, and stated the purpose of the meeting was to hold scheduled public hearings on zoning applications and any other business as may properly come before the Council. He explained the procedure to be followed. Mayor Sizemore announced the public hearing on Application #971-5, R. S. Castillo, for change of zoning from "R -1B" One -family Dwelling District to "A-1" Apartment House District on all of Lot 12, Block 21, Meadow Park Addition. He explained that the request was heard by the Planning Commission September 14, 1971, and forwarded to the Council with the recommendation that it be approved ISn the basis it would serve as a good transition between the "1-2" property to the south and the "R -1B" property to the north of the subject property. No one appeared in opposition to the recommendation of the Planning Commission. Motion by Bonniwell, seconded by Bosquez and passed, that the recommendation of the Planning Commission be concurred in and that Application #971-5, R. 5. Castillo, for change of zoning from "R -1B" One•family Dwelling District to "A-1" Apartment House District on all of Lot 12, Block 21„Meadow Park Addition, be approved as requested, and that an ordinance be brought forward effectuating the change. City Manager Townsend reported that Mr. W. F. Seay, applicant of Case #9714, had officially withdrawn his request by letter dated October 11, 1971, and the application is no longer a matter before the Council. Mayor Sizemore announced the public hearing on proposed Text Amendments of Zoning Ordinance No. 6106, amending Article 33, Permits, Plats, and Filing Fees. 411 war. r • Minutes Special- Council Meeting October 13, 1971 Page 2 City Manager Townsend briefed the Council on the intent of the amendment, stating that the amendment would remove the requirement that land be platted before billboards are permitted; that the zoning ordinance now requires that land be platted before a permit can be issued for construction of a billboard; explained that the Staff is the applicant because there is no provision to amend the zoning ordinance except through the Staff, but that the request had been made by industry; that this proposed amendment was an issue before the prior Council and that it had been agreed that it would be submitted to the Planning Commission. He stated that both the Planning Commission and the Staff had recommended denial on the basis it would only benefit a special interest group. He stated that he is philosophically opposed to the proliferation of billboards but saw no objection to the amendment. Senior City Planner Larry Wenger explained the present requirements under the ordinance for construction of billboards, stating that they have not been allowed on unplatted property because they are considered to be in the same category as any other structure; that under the proposed amendment, all a person would be required to do would be apply for a permit for a billboard to be placed on his property without having to apply to have it replotted. He explained that this amendment originated from Rollins Adrtertising Company as a result of a considerable number of their nonconforming signs being destroyed more than 50 per cent by Hurricane Celia. He stated that the Staff was definitely opposed to the amendment on the basis they felt it should be made more difficult to construct billboards. Mr. Harold Carr, realtor, stated he was interested in this proposed amendment, and inquired if it was clear in the record that the Staff had recommended against it. City Manager Townsend stated the Commission hearing minutes clearly reflect that the Staff was opposed to the amendment. Mr. Cecil Burney, attorney, spoke in support of the proposed amendment, stating that he did not feel the question before the Council should be considered as a philosophical one of whether or not billboards were good or bad, but whether or not an owner of wacanfFfarm land brobaht into the City by annexation should be allowed to construct billboards to help pay his taxes without having to go through the Plats Committee and provide all the service plats which the Committee requires. He pointed out that billboards do not require utilities, rights of way or • • Minutes Special Council Meeting October 13, 1971 Page 3 parks, and land owners should not be required to go to all the expense of hiring an engineer and constructing utilities and other things he does not need just to install a billboard. Mr. Burney stated that he had been advised by the Staff that the proposed text amendment was routine and that was why he had not attended the Commission meeting. Mr. Jack Solko, president and representative of the American Institute of Architects, appeared in opposition to the amendment, stating that this organization had met and unanimously voted to oppose the amendment on the basis it would allow industry too much freedom without proper controls by the Council. He requested that he be permitted to show an anti -billboard film, which Mayor Sizemore stated would be new evidence and according to the new policy established by this Council, could not receive. Mr. Orby Roots, architect‘,1806 South Alameda, stated he concurred in the recom- mendations of the Staff and Planning Commission that the amendment be denied, stating he felt the regulations presently in.effect under the City's comprehensive sign ordinance khould be maintained, and that any change would not be in the public interest. Motion by Bonniwell, seconded by Stark and passed, that the hearing be closed. Motion by Lozano, seconded by Bonniwell and passed, that the foregoing proposed text amendment be referred back to the Planning Commission for further consideration, and that all persons appearing at this hearing be notified of time and place of such meeting. Mayor Sizemore announced the public hearing on Application #971-1, Noe Mendez, for change of zoning from "R -1B" One -family Dwelling District to "B-1" Neighborhood Business District, on all of Lot?2Q, Block 3, Laguna Acres. He explained that the request was heard by the Planning Commission September 14, 1971, and forwarded to the Council with the recommendation that it be approved as a logical use for this property. No one appeared in opposition to the recommendation of the Planning Commission. Motion by Gonzales, seconded by Lozano and passed, that the hearing be closed. Motion by Gonzales, seconded by Bosquez and passed, that the recommendation of the Planning Commission be concurred in and that Application 0971-1, Noe Mendez, for change of zoning from "R -1B" One -family Dwelling District to "B-1" Neighborhood Business District, on all of Lot 20, Block 3, Laguna Acres, located on the northwest corner of the • • Minutes Special Council Meeting October 13, 1971 Page 4 intersection of Bloomington and Columbia Streets, be approved as requested, and that an ordinance be brought forward ,effectuating the change. Mayor Sizemore announced the recessed public hearing relative to Text Amendments to the Zoning Ordinance establishing a new zoning District Article 7A "T-1" Travel Trailer Park Mobile Home Park, and Mobile Home Subdivision regulations. City Manager Townsend presented a summary of the proposed Text Amendments, and reviewed the background and sequence of public hearings by the Planning Commission and the Council, stating that the Council hearing had beeni recessed from October 6, 1971, to be heard jointly with the Council, a representative of the Planning Commission, and the Staff, along with the proposed amendments establishing the "R -1C" District. He stated the recommendation of the Planning Commission was for approval and that the Staff concurred in this recommendation. He stated that the amendment does not change, spacing between mobile home parks but the new classification for Travel Trailers does require 20' spacing. Mr. Town- send explained that there had been opposition expressed at the Council hearing from Mr. Ralph Emmord relative to the proposed 20 foot unobstructed clearance between mobile homes; that Mr. Bob Rice, owner of a trailer park on Waldron Road, spoke in favor of the amendment. No one appeared in favor or in opposition to the foregoing proposed amendments. Motion by Lozano, seconded by Stark 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 the Text of the Zoning Ordinance No. 6106, be amended as follows: 1. Amend ARTICLE 3, DEFINITIONS, Subsection 3-1, by moving, renumbering, and amending the present subsections 3-1.66, 3-1.66.1, and 3-1.67 to 3-1.48.1, 3-1.48.2, and 3-1.48.3 to hereafter read as follows: 3-1.48.1 Mobile Home. A mobile home is a single-family dwelling designed for transportation, after fabrication, on streets and highways on its own wheels, or on trucks or other trailers, and arriving at the site as a dwelling complete and ready for occupancy, except for minor and incidental unpacking and assembly operations, location on jacks or permanent foundations, connection to utilities and the like. • Minutes Special Council Meeting Octoberl3, 1971 Page 5 3-1 .48.2 Mobile Home Subdivision, A subdivision designed and intended for residential use, where residence ik permitted in mobile homes, each being located on a separate lot. Such subdivision may retain a central manage- ment and may be operated as a condominium, retaining ownership of streets and common open spaces. 3-1 .48.3 Mobile Home Park. An area of land on which two or more mobile homes, being used for living purposes, occupy rental spaces. 3-1 .66 Trailer .means any of the following: Travel Trailer: A vehicular, portable structure built on a chassis, designed to be used as a temporary dwelling for travel, recreational and vacation uses. Pickup Coach: A structure designed to be mounted on a chassis for use as a temporary dwelling for travel, recreational and vacation uses. Motor Home: A portable, temporary dwelling to be used for travel, recreational and vacation uses, constructed as an integral part of a self-propelled vehicle. Camping Trailer: A folding structure, mounted on wheels and designed to be used as a temporary dwelling for travel, recreational and vacation uses. 3-1 .67 Travel Trailer Park: A parcel of land in which two or more spaces are occupied or intended for occupancy by trailers for transient dwelling purposes. II. Amend ARTICLE 4. GENERAL PROVISIONS, DISTRICTS AND DISTRICT MAPS, by changing the number "18" in the last sentence of Section 4-1 to hereafter read "20" and by addi ng to the list of districts "T-1" Travel Trailer Parks, Mobile Home Parks, and Mobile Home Subdivisions and "R -11r" One -Family Dwelling Districts. III. Amend the Zoning Ordinance so as to add a new article to be designated as ARTICLE 7A. "T-1" TRAVEL TRAILER PARK, MOBILE HOME PARK, AND MOBILE HOME SUBDIVISION REGULATIONS, which new article shall read as follows: ARTICLE 7A. "T-1" TRAVEL TRAILER PARK, MOBILE HOME PARK, AND MOBILE HOME SUBDIVISION REGULATIONS Section 7A-1. The regulations set forth in this article, or set forth elsewhere in this Ordinance when referred to in this article, are the regulations of the "T-1" Travel Trailer Park, Mobile Home Park, and Mobile Home Subdivision District. This district is intended to preserve appropriate land for the development of single-family residences utilizing mobile home parks or subdivisions, and tourist accommodations which utilize travel trailer parks. It shall be unlawful for any person to construct, alter, or extend any travel trailer park, mobile home park, or mobile home subdi vision area within the limits of the City of Corpus Christi unless he holds a valid building permit issued by the City Building Official in the name of such person for the specific construction, alteration, or extension proposed. Section 7A-2 Use Regulations.. An area or premises shall be used only for the following purposes: I • Minutes Special Council Meeting October 13, 1971 Page 6 7A-2.01 Travel Trailer Parks. (a) A permit to construct, alter or extend any travel trailer park area may be issued only when such area k located within the appropriate zoning district as provided for in this Ordinance and such area consists of at least three (3) acres in size with a minimum frontage of one hundred (100) feet located on a public street or highway. (b) Trailer spaces shall be rented by the day or week only and the occupant of a trailer space shall remain in the same travel trailer park not more than ninety (90) continuous days. (c) Exposed ground surfaces in all parts of a travel trailer park shall be paved or covered with screenings or other solid material, or protected with a vegetative growth that is capable of preventing soil erosion and eliminating objectionable dust. (d) Access to the travel trailer park shall be from a public street or highway, number and location of access drives shall be controlled for safety and protection of personal property. No travel trailer space shall be designed for direct access to a street outside the premises of the travel trailer park. Interior access drives shall be paved and maintained in a smooth, hard and dense surface which shall be well drained. (e) Internal access drives shall meet the following requirements: One-way, no parking 11 feet (Acceptable only if less than 500' total length and serving less than 25 trailer spaces.) One-way, parking on one side only, or two-way, no parking 18 feet (Acceptable only if serving less than 50 trailer spaces) Two-way, no parking Two-way, parking on one side only 24 feet 27 feet Two-way, parking on both sides 34 feet (f) Eachtravel trailer space shall provide sufficient parking and maneuverabilitly, space so the parking, loading or maneuvering of trailers incidental to parking shall not necessitate the use of any public street, sidewalk, or right-of-way or any private grounds not park of the travel trailer park. (g) There shall be no minimum lot area for a travel trailer space in a travel trailer park except that trailers shall be so harbordd on each space that there shall be at least a 10 -foot unobstructed clearance between travel trailers provided, however, that no part of a travel trailer shall belocated closer than twenty (20) feet to any building within the park nor closer than five (5) feet to any access drive. There shall be no more than twenty-five (25) travel trailer spaces per acre of gross site area. • Minutes Special Council Meeting Octoberi 13, 1971 Page 7 (h) The travel trailer park shall be screened from public streets, highways, and adjacent property by a standard screening fence, unless this require- ment is modified or waived by City Council action after a hearing and recommendation of the Planning Commission. (i) In all travel trailer parks there shall be at least one recreation area which shall be accessible from all spaces. The site or sites or such recreation area or areas shall total not less than eight per cent (8%) of the gross site area. (i) Outside lighting shall be erected in such a manner that it not be detr(G- mental to or project onto adjacent properties, and any outdoor identifi- cation sign shall not utilize or incorporate flashing, moving or inter- mittent illumination, shall not exceed ten (10) feet in height, shall not overhang or project into the public right-of-way, and shall not exceed thirty (30) square feet in area, indicating only the use of the premises. If such sign is located on a building, it shall not project more than eighteen (18) inches from the wall of the building or structure, and shall not extend above the height of the building. (k) The travel trailer park shall conform to all other regulations contained in the Corpus Christi Building Code, Gas Code, Plumbing Code, and Electrical Code. (1) Storage, collection and disposal of refuse in the travel trailer park area shall be so conducted as to create no health hazards, rodent harborage, insect breeding areas, accident or fire hdzards, or air pollution. All refuse shall be stored in fly -tight, water -tight, and rodent proof con- tainers, which shall be located not more than one hundred fifty (150) feet from any trailer space. (m) The travel trailer park area shall be subject to the rules and regulations of the Corpus Christi fire prevention authority. A travel trailer park exceeding six hundred (600) feet in depth shall be required to install a 6 -inch fire main, looped if possible, located within the travel trailer park and installed at or near the edge of the paving in a dedicated easement or fire lane. Fire hydrants shall be located along the main so as to make fire protection available to all surface property in the travel trailer park. This facility is to be installed at the developer's expense and maintained by the City. Metered service connections are to be provided from the fire main as approved by the Water Superintendent. (n) The person to whom a Building Permit is issued shall at all times operate the travel trailer park in compliance with this Ordinance and shall provide adequate supervision to maintain the travel trailer park area, its facilities, and keep equipment in good repair and in a clean and sanitary condition at all times. 7A-2.02 Mobile home parks. (a) A permit to construct, alter, or extend any mobile home park area may be issued only when such area is located within the appropriate zoning district as provided for in this Ordinance and such area consists of at least five (5) acres in size with a minimum width and/or depth of three hundred (300) feet located on a public street or highway. Minutes Special Council Meeting October 13, 1971 Page 8 (b) r • Exposed ground surfaces in all parts of a mobile home park shall be paved or covered with screenings or other solid material or protected with a vegetative growth that is capable of preventing soil erosion and eliminating objectionable dust, (c) Access to the mobile home park shall be from a public street or highway, number and location of access drives shall be controlled for traffic safety and protection of surrounding properties, no mobile home space shall be designed for direct access to a public street outside the boundaries of the mobile home park, and the interior access drives shall be paved and main- tained in a smooth hard and dense surface which shall be well drained. (d) Internal access drives shall not be less than twenty-five (25) feet wide. (e) There shall be no minimum lot area for a mobile home site in a mobile home park, except that mobile homes shall be so harbored on each space that there shall be at least a twenty -foot (20') unobstructed clearance between mobile homes, provided, however, that with respect to mobile homes parked end-to-end, the end-to-end clearanpe may be less than twenty (20) feet, but shall not be less than ten (10) feet. No part: of a mobile home shall be located closer than twenty (20) feet to any building within the park nor closer than five (5) feet to an access drive, In addition, there shall be no more than twelve (12) mobile home spaces per acre of gross site area. (f) (9) The mobile home park shall be screened from public streets, highways, and adjacent property by a standard screening fence, unless this require- ment is modified or waived by City Council action after a hearing and recommendation of the Planning Commission. Off-street parking spaces in mobile home parks shall be providediinthe ratio of one and one-half (1-1/2) spaces per mobile home in locations convenient to individual mobile homes or groups of mobile homes. (h) The mobile home park shall conform to all other regulations contained in the Corpus Christi Building Code, Gas Code, Plumbing Code, and Electrical Code. (i) A mobile home park exceeding six hundred (600) feet in depth shall be required to install a 6 -inch fire main, looped if possible, located within the mobile home park and installed at or near the edge of the paving in a dedicated easement or fire lane. Fire hydrants shall be located along the main so as to make fire protection available to all surface property in the mobile home park. This facility is to be installed at the developer's expense and mainta(ned by the City. Metered service connections are to be provided for the fire main as approved by the Water Superintendent. Outside lighting shall be erected in such a manner that it not be det r mental to or project onto adjacent properties. (k) Advertising shall be restricted to one illuminated identification sign which shall not utilize or incorporate flashing, moving, or intermittent illumination, shall be placed flat against the wall of the building, shall not project more than eighteen (18) inches from the wall of the building or structure, and shall not extend above the height of the building. The sign area shall not exceed fifteen (15) square feet, and shall indicate only the name and address of the premises and the management thereof, (i) • Minutes Special Council Meeting October 13, 1971 Page 9 7A-2.03 Mobile Hone Subdivisions. (a) (b) A permit to construct, alter or extend any mobile home subdivision area may be issued only when such area is located within the appro- priate zoning district as provided for In this Ordinance and such area consisteof at least eight (8) acres in size with a minimum width and/or depth of three hundred (300) feet located on a public street or highway. In a mobile home subdivision, the subdivision shall Ineet all City requirements as set forth in the Corpus Christi Platting Ordinance and shall also conform to all other regulations contained in the Corpus Christi Building Code, Gas Code, Plumbing Code, and Electrical Code. (c) The minimum lot area in a mobile home subdivision shall be 4,500 square feet, except where a subdivision is a cluster development (as defined in the Platting Ordinance); in which case the lot size may be reduced to 3,000 square feet, provided that minimum yard requirements are met and that there is a minimum of 1,500 square feet per lot of common open space. AA lot sizes shall be subject to City -County Health approval when such area is not served by municipal sewer service. (d) In addition to the requirements of Item (c) above, there shall be no more than eight (8) mobile homes per acre in a mobile home subdivision. Furthermore, there shall be a minimum front yard of twenty (20) feet, a minimum rear yard of ten (10) feet, and a minimum side yard of six (6) feet, with a total unobstructed side yard requirement of twenty (20) feet. (e) Unless modified or waived by City Council action, after a: hearing and recommendation by the Planning Commission, the mobile home subdivision shall be surrounded by a standard screening fence in which case such fence shall become a part of abutting lots, unless otherwise designated as part of the common open space. In mobile home subdivisions there shall be at least two (2) off-street parking spaces per lot. (f) (g) Temporary non -illuminated signs shall not be more than four (4) square feet in area pertaining to the lease or sale of a mobile home or premises on which such sign is located. IV. Amend ARTICLE 16. "B-4" GENERAL BUSINESS DISTRICT REGULATIONS Subsection 16-2, Use Regulations, by adding two new items to be numbered (17) and (18) and to hereafter read as follows: (17) Public or governmental buildings. (18) Temporary storage of personal goods for holding or safekeeping in a depository, containing individual or separate bays not exceeding three hundred (300) square feet in area. Such storage building or buildings shall not exceed one (1) story to height. V. Amend ARTICLE 20. "1-2" LIGHT INDUSTRIAL DISTRICT REGULATIONS, Subsection 20-2 Use Regulations, Item (3) by placing the words "Sports arena or stadium" in the Unclassified Uses section. • Minutes Special Council Meeting October 13, 1971 Page 10 VI. Amend ARTICLE 21. "I-3" HEAVY INDUSTRIAL DISTRICT REGULATIONS, Subsection 20-2 Use Regulations, Item (4) by placing the words "Airports and land fields" in the Unclassified Uses Section. VII. Amend ARTICLE 25. SUPPLEMENTARY USE REGULATIONS - SPECIAL USES, by changing the title of this article to SPECIAL PERMIT REGULATIONS and by deleting the present Sections 25-1, 25-2, 25-3, and Items (1) through (11), Section 25-4; redesignate Item (12) Section 25-4, to Section 25-1 and amend the 27th line by deleting the words "any one of" and deleting the final "s" in the word "recommendations"; delete the present Items (A) and (B); renumber Item (c) to Item (A) amending the first line by deleting the word "Recommend" and beginning the sentence with the word "That"; and amend the seventh line of the second paragraph by changing the letter (C) to (A). Delete Section 25-5 and add it under ARTICLE 27. SUPPLEMENTARY HEIGHT, AREA, AND BULK REQUIREMENTS, Subsection 27-3.02 Accessory Buildings and Structures, to be designated as a new subsection 27-3.02.06, Re -Number Section 25-6, Additional Recommends?ions by the Commission, to Section 25-2. VIII. Amend Article 30, Changes and Amendments, Section 30-5, to hereafter read as follows: Section 30-5 If a protest against such amendment, supplement or change has been filed with the City Secretary, duly signed by the owners of twenty percent (20%) or more, either of the area of the lots or land included in such proposed change or the Tots or land immediately adjoining the same and extending two hundred (200) feet there- from, such amendment, supplement or change shall not become effective except by a favorable vote of three-fourths (3/4) of all of the City Council. Unless such pro- posed amendment, supplement or change is approved by the Planning Commission such amendment, supplement or change shall not become effective except by a favorable vote of a majority plus one of the City Council present and voting. IX. Amend Article 33, Permits, Plats, and Filing Fees, Section 33-3, Filing Fees, Subsection 33-3.01 to hereafter read as follows: Section 33-3.01 All persons, firms, or corporations, appealing to the Bobrd of Adjustment, necessitating the sending of notices and publications of notices to the newspaper shall be required to pay in advance sixty dollars ($60) for expenses relative therefo. Mayor Sizemore announced the recessed public hearing relative to proposed Text Amendments establishing a new "R -1C" zoning district. City Manager Townsend reviewed the background of the proposed amendment, stating that it had been recessed from September 22 in order to give the Planning Commission (who was the applicant) representatives an opportunity to defend their recommendation of approval before the Council, He stated that representatives of the Planning Commission had been contacted and that they indicated they preferred not to attend the formal Council meetings because of their concern that it would become the established procedure, but stated they would be willing to meet with the Council in workshop for informal discussions. Mr. Townsend explained that the opposition had been relative to the proposed reduction in lots from 6000 square feet to 5000 square feet. He stated that the Staff had opposed the amendment. • Minutes Special Council Meeting October 13, 1971 Page 11 i Dr. Joseph Rupp, 4509 Coventry Lane, reiterated his opposition to smaller Tots statiiittihis appearance at this hearing was to hear a more detailed report from the Staff. Mrs. N. E. Sullivan, representing the Westside Improvement Association, stated this organization wished to go on record as opposing the reduction of lots, and felt the new amendment would adversely only apply to the lower income people of the City. Mr. Wenger reviewed the proposed amendments in detail and stated the Staff was not in favor of the "R -1C" district because the lot reductions would only add to the con- gestion in a single-family detached development without increasing the open space benefits, and that they were only in favor of a lot reduction when an area is developed under the concept of the Community Unit Plan which is the cluster type development with yard areas combined into very large common green areas. Motion by Lozano, seconded by Bonniwell and passed, that the hearing be closed. Motion by Bonniwell that the ordinance be brought forwgrd in accordance with the recommendation of the Planning Commission and placed on a three -reading basis died for lack of a second. It was agreed that the public hearing on proposed text amendments establishing a new zoning District "R -1C" One -family District, be further recessed to October 20, 1971, and that all interested parties be invited to attend the workshop meeting Monday, at 5:00 p.m. for discussions relative to this amendment. It was agreed that a dinner meeting between the Planning Commission and the Council be arranged. for Tuesday, October 19, 7:00 p.m. There being no further business to come before the Council, the Special Meeting was duly adjourned at 6:05 p.m. Wednesday, October 13, 1971.