HomeMy WebLinkAboutMinutes City Council - 05/31/1972 - Special•
MINUTES
CITY OF CORPUS CHRISTI, TEXAS
SPECIAL COUNCIL MEETING
May 31, 1972
4:30 P.M.
PRESENT:
Mayor Pro Tem Charles A. Bonniwell
Commissioners:
Roberto Bosgyez, M.D.
Thomas V, Gonzales
Gabe Lozano, Sr,
J. Howard Stark
City Manager R. Marvin Townsend
City Attorney James R. Riggs
City Secretary T. Ray Kring
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Mayor Pro Tem Bonpiwell called the Special Meeting to order in the Council Chamber
of City Hall, and stated the purpose of the meeting was to hold the scheduled public
hearings on zoning applications and any other business as may properly come before the
Council.
City Secretary T. Ray Kring called the roll of those in attendance.
City Manager Townsend presented Application #472-1, Wm. T. Painter, for change
of zoning from "R -1B" One -family Dwelling District to "B-4" General Business District
on all of Lot 22, Berlet Addition, and a 4..22 -acre tract of land out of Lot 18, Section
38, Flour Bluff & Encinal Farm & Garden Tracts. He explained that the request was heard
by the Planning Commiasion April 11, 1972, and forwarded to the Council with the recom-
mendation that "B-4" be approved on a designated area on the northeast corner of the
tract (200' x 250'.), according to a preliminary plat, and that the remainder of the
request be denied, and that the Staff concurred in this recommendation.
The applicant was present and stated he was in agreement with the recommendation
of the Planning Commission.
No one appeared in opposition to the recommendation of the Planning Commissions
Motion by Lozano, seconded by Branch and passed, that the hearing be closed.
Motion by Stark, seconded by Branch and passed, that the recommendation cf the
Planning Commission be concurredinand that°8-4" General Business District be approved
on the reduced area having a frontage of 200' on Yorktown Boulevard and a depth of 250°
with a total of 50,000 square feet in area according to a preliminary plat, that an
ordinance be brought forward effectuating the change, and that the remainder of the
request (Application #472.1, Wm. T. Painter), be denied.
City Manager Townsend presented Application #472-4, Harold Lafferty, for change
of zoning from "R -1B" One -family Dwelling District to "R-2" Two-family Dwelling District
on all of Lot 3, Bleck 2, Carmel Village, located in the 4100 Block of Grossman Drive,
He explained that the request was heard by the Planning Commission April 11, 1972, and
forwarded to the Council with the recommendation that it be approved as logical transitional
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Minutes
Special Council Meeting
May 31, 1972
Page 2
zoning, that the Staff concurred in the recommendation and further recommended that
the remaining lots along the east side of Grossman Drive be rezoned "R-2" Two-family
Dwelling. He stated that the Legal Department had filed written objections to the
granting of this request.
Senior City Planner Wenger located the property on the map and described the
zoning and land uses in the surrounding territory. He stated that the applicant proposes
to construct a one-story masonry duplex comparable to the duplex located at the corner
of Grossman and Carmel Parkway.
Mr, Wm. R. Reiff, 666 Moray Place, appeared and stated he owns Lot 15, Block 31,
and that he had written a letter to the Council dated May 1, 1972, pointing out deed
restrictions on this property enacted by Ordinance Noe 6849, dated March 21, 1963, chat
no building of more than one story shall be erected on Block 2, Carmel Village. He
stated it had been his uiderstanding that two-story structures could be built, and that
as long as the building is only one story, he would have no objections.
No one else appeared in opposition to the recommendation of the Planning
Commission.
Motion by Lozano, seconded by Stark and passed that the hearing be closed.
Motion by Branch, seconded by Stark and passed, that the foregoing request be
temporarily tabled.
City Manager Townsend presented Application 10472-8, The Planning Commission, for
change of zoning from "R-13" One -family Dwelling District to "R-2" Two-family Dwelling
District on all of Lots 2, 4, 5, & 6, Block 2, Carmel Village, located in the 4100 Block
of Grossman Drive south of Carmel Parkway, He stated the request was heard by the
Planning Commission April 25, 1972, and forwarded to the Council with the recommendation
that it be approved as logical zoning, it would have a tendency to upgrade the neighbor-
hood because it would increase property values and permit people to build something of
better quality. Hestated the 20 per Rent rule is in effect, He explained that the
Planning Commission initiated the request on thebalance of the block along the east
side of Grossman Drive as logical transitional zoning; that deed restrictions were a result
of a controversy at the time the land was developed and when the Council approved "A-1"
on the Carmel Village Apartment Complexe He stated that the major issue at that time was
one-story buildings vs. two-story buildings; and that since that time the City has
rezoned the corner lot to "R-2" which was unopposed.
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Minutes
Special Council Meeting
May 31, 1972
Page 3
Larry Wenger explained that the Planning Commission initiated this request to
eliminate spot zoning type of approach and was of the opinion that it was a logical
transition between the "A-1" zoning to the west and the "R -1B" zoning to the east,
Mr, Wm. Reiff spoke in opposition stating that when the residents opposed the
rezoning of this area in 1963, it was agreed that this block would be confined tc one-
story single-family dwellings only, that a deed restriction was on file to that effect,
and subsequent purchasers had been put on notice of these restrictions for the last ten
years. He pointed out that this information was presented to the Planning Commission
by Mr. R. G. Gerber, professional surveyor,
City Manager Townsend stated it would appear the burden would be on the applicant
to have the residents of the adjoining subdivision sign waivers to lift the deed
restrictions.
Motion by Branch, seconded by Stark and passed, that the hearing be closed,
Motion by Stark, seconded by Branch and passed, that Application #472-4, Harold
Lafferty, be removed from the table,
Motion by Stark, seconded by Bosquez and passed, that Application #472-4, for
change of zoning from "R -1B" One -family Dwelling District to "R-2" Two-family Dwelling
District on all of Lot 3, Block 2, Carmel Village, be denied.
Motion by Stark, seconded by Branch and passed, that Application ?IC -472-8, The
Planning Commission, for change of zoning from "R -1B" One -family Dwelling District to
"R-2" Two-family Dwelling District on all of Lots 2, 4, 5 & 6, Block 2, Carmel Village,
be denied.
Commissioner Stark stated the applicant should be advised that the burden was on
him to have the 1963 deed restrictions removed and be agreeable to re -deed restrict for
single -story buildings, and if this is done, he would be more favorable to the requested
change of zoning.
City Manager Townsend presented Application 1372-10, Fernando De La Rosa, for change
of zoning from "R -1B:' One -family Dwelling District to "B-4" Genera) Business District on
all of Lot 1, Block 11, Austin Addition, located on the west side of 545 Hiawatha
Street, north of Morgan Street. He explained that the request was heard by the Planning
Commission March 28, 1972, and forwarded to the Council with the recommendation that it be
denied but in lieu thereof a Special Permit be granted according to the approved site
plan for the following reasons: (1) There would be no traffic created by this operation;
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Special Council Meeting
May 31, 1972
Page 4
(2) it would be a one-man operation; (3) there is no neighborhood opposition; and (4)
the Planning Staff is not in opposition to a special permit. He stated that the Planning
Staff concurred in the recommendation,
No one appeared in opposition to the recommendation of the Planning, Commission,
Motion by Stark, seconded by Bosquez and passed, that the hearing be closed,
Motion by Lozano, seconded by Bosquez and passed, that the recommendation of the
Planning Commission be concurred in and that Application #372-10, Fernando De La Rosa,
for change of zoning from "R -1B" One -family Dwelling District to "B-4" General Business
District on all of Lot 1, Block 11, Austin Addition, be denied, but in lieu thereof a
Special Permit be granted with the additional requirement that there be no more than two
persons engaged in the air-conditioning business, that the permit would terminate with
a change of ownership of the property, and that an ordinanbe be brought forward effectuating
the Special Permit.
City Manager Townsend presented Application 11472-11, Harlin C. Womble et al, for
change of zoning from "R -1B" One -family Dwelling District to "R-2" Two-family Dwelling
District on all of Block 1 and Lots 1 through :6, Block 2, Lena Pearse Subdivision,
located along the 100 Block of Fannin Street southeast of Ayers Street. He explained
that the request was heard by the Planning Commission April 25, 1972, and forwarded to
the Council with the recommendation that it be approved as a logical extension of the
present "R-2" zoning in this area and that the alleyway (easement) separating the residen-
tial area from the proposed "R-2" will provide a buffer and if maintained properly, it
will protect the single-family dwellings to the rear.
Dr. James Tyree spoke on behalf of his aunt who owns property in the area and stated
he was in favor of the request.
No one appeared in opposition to the recommendation of the Planning Commission,
Motion by Stark, seconded by Branch and passed, that the hearing be closed.
Motion by Stark, seconded by Branch and passed, that the recommendation of the
Planning Commission be concurred in and that Application #472-11, Harlin C, Womble, et al,
for change of zoning from "R -1B" One -family Dwelling District to "R-2" Two-family
Dwelling District on all of Block 1 and Lots 1 through 6, Block 2, Lena Pearse Subdivision,
be approved as requested, aid -that an ordinance be brought forward effectuating the change.
City Manger Townsend presented Application #472-12, W.H.P., Inc,, for change of
zoning from "R -1B" One -family Dwelling District to "R-2" Two-family Dwelling District on
an approximately 4.5 -acre tract of land out of Lots 17 & 18, Section 28, Flour Bluff and
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Minutes
Special Council Meeting
May 21, 1972
Page 5
Encinal Farm and Garden Tracts, located 395 feet east of Rodd Field Road at Lake View
Drive. He exPlained that the request was heard by the Planning Commission April 25,
1972, and forwarded to the Council with the recommendation that it be approved as
logical zoning for this area, and that the Staff concurred in this recommendation.
No one appeared in opposition to the recommendation of the Planning Commission.
Motion by Branch, seconded by Gonzales 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 #472-12, W.H.P., Inc., for
change of zoning from "R -1B" One -family Dwelling District to "R-2" Two-family Dwelling
District on an approximately 4.5 -acre tract of land out of Lots 17 & 18, Section 28,
Flour Bluff & Encinal Farm & Garden Tracts, be approved, and that an ordinance be
brought forward effectuating the change.
ORDINANCE NO. 10891
AMENDING THE ZONING ORDINANCE OF THE CITY OF CORPUS CHRISTI ADOPTED ON THE 27TH DAY
OF AUGUST, 1937, APPEARING OF RECORD IN VOLIi E 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 WILLIAM T. PAINTER, BY AMENDING
THE ZONING MAP BY CHANGING THE ZONING ON A PORTION OF LOT 18, SECTION 38, FLOUR BLUFF
& ENCINAL FARM & GARDEN TRACTS, SITUATED IN THK CITY OF CORPUS CHRISTI, NUEtES COUNTY,
TEXAS, FROM "R-18" ONE -FAMILY DWELLING DISTRICT TO "B-4" GENERAL 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: Bonniwell, Bosquez, Branch, Gonzales, Lozano and Stark, present and
voting "Aye"; Sizemore was absent.
ORDINANCE N0. 10892
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. 6106, AS AMENDED, UPON APPLICATION OF HARLAND C. WOMBLE, ET AL BY AMENDING THE ZONING
MAP BY CHANGING THE ZONING ON ALL OF BL. 1 & LOTS 1-6, BL. 2, LENA PEARSE SUB., SITUATED
IN THE CITY OF ®RPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "R -1B" ONE -FAMILY DWELLING
DISTRICT TO "R-2" TWO-FAMILY DWELLING 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: Bonniwell, Bosquez, Branch, Gonzales, Lozano and Stark, present and
voting "Aye"; Sizemore was absent.
Minutes
Special Council Meeting
May 31, 1972
Page 6
ORDINANCE NO. 10893
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. 6106, AS AMENDED, UPON APPLICATION OF WALT., INC., BY AMENDING THE ZONING
MAP BY CHANGING THE ZONING ON A PORTION OF LOTS 17 & 18, SECTION 28, FLOUR BLUFF &
ENCINAL FARM & GARDEN TRACTS, SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY,
TEXAS, FROM "R -1B" ONE -FAMILY DWELLING DISTRICT TO "R-2" TWO-FAMILY DWELLING DISTRICT;
KEEPING IN EFFECT ALL OTHER PROVISIONS OF THE EXISTING ORDINANCE AS AMENDED; REPEALING
ALL ORDINANCES IN CONFLICT HEREWITH; AND DECLARING AN EMERGENC,
The Charter Rule was suspended and the foregoing ordinance was passed by the
following vote: Bonniwell, Bosquez, Branch, Gonzales, Lozano and Stark, present and
voting "Aye"; Sizemore was absent.
There being no further business to come before the Council, the Special meeting
was adjourned at 5:30 p.m., May 31, 1972.
I, RONNIE SIZEMORE, Mayor of the City of Corpus Christi, Texas, certify that the foregoing
minutes, same being for the period of May 3, 1972, to May 31, 1972, inclusive, and having
been previously approved by Council action, are b me hereby approved.
RONNIE SIZEMORE, Ma
City of Corpus Christi,