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HomeMy WebLinkAboutMinutes City Council - 08/08/1973 - SpecialMINUTES CITY OF CORPUS CHRISTI, TEXAS SPECIAL COUNCIL MEETING August 8, 1973 4:00 P.M. PRESENT: Mayor Pro Tem James T. Acuff Commissioners: Rev. Harold T. Branch Thomas V. Gonzales Ricardo Gonzalez Gabe Lozano, Sr. J. Howard Stark Assistant City Manager Archie Walker City Attorney James R. Riggs City Secretary T. Ray Kring Mayor Pro Tem James T. Acuff called the meeting to order in the Council Chamber of the City Hall and stated the purpose of the special meeting was to hold scheduled public hearings on six 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. Senior City Planner Larry Wenger presented Application #673-1, Carroll W. Cage, for change of zoning, Tract A - from "AB" Professional Office District to "B-4" General Business District on Lots 11, 12 R & 13R, Block 20; Tract B - from "R -1B" One -family Dwelling District to "B-4" General Business District on Lots 8, 9 & 10, Block 20; all in Del Mar Addition, located in the 400 Block of Ayers and Palmero Streets at Six Points. Mr. Wenger explained that the request was heard by the Planning Commission June 12, 1973, and forwarded to the Council with the recommendation that it be approved as a logical extension of "B-4" zoning and that the parking lot is needed for the Six Points Shopping area, and the Staff concurred in the recommenda- tion. No one appeared in opposition to the recommendation of the Planning Commission. seconded by Lozano Motion by Tom Gonzales/and passed, that the hearing be closed. Motion by Stark, seconded by Lozano and passed, that the recommendation of the Planning Commission be concurred in and that Application #673-1, Carroll W. Cage, for change of zoning, Tract A - from "AB" Professional Office District to "B-4" General Business District on Lot 11, 12R & 13R, Block 20; Tract B - from "R -1B" One -family Dwelling District to "B-4" General Business District on Lots 8, 9 & 10, Block 20; all in Del Mar Addition, be approved, and that an ordinance be brought forward effectuating the change. Mr. Wenger presented Application #673-3, George Bayder, for change of zoning from '°B-1" Neighborhood Business District to "B-4" General Business District on Lots 20, 21, 22 and 23, Bayder Subdivision, located on the south side of South Padre Island Drive west of Hanley Drive. • • Minutes Special Council Meeting August 8, 1973 Page 2 Drive. The request was heard by the Planning Commission June 12, 1973 and forwarded to the Council with the recommendation that it be approved as a logical use of the property and than the Planning Staff concurred in this recommendation. No one appeared in opposition to the recommendation of the Planning Commission. Motion by Branch, seconded by Tom Gonzales and passed, that the hearing be closed. Motion by Ricardo Gonzalez, seconded by Lozano and passed, that the recommendation of the Planning Commission be concurred in and that Application #673-3, George Bayder, for change of zoning from "B-1" Neighborhood Business District to "B-4" General Business on Lots 20, 21, 22 and 23, Bayder Subdivision, be approved as requested, and that an ordinance be brought forward effectuating the change. Mr. Wenger presented Application #673-4, Michael B. Lewis, for change of zoning from "R -1B" One -family Dwelling District to "B-1" Neighborhood Business District on a 140' x 110' tract out of the east half of Lot 25, Section 17, Flour Bluff and Encino! Farm and Garden Tracts, located on the north side of McArdle Road west of Nile Drive. The request was heard by the Planning Commission June 12, 1973, and forwarded to the Council with the recommenda- tion that it be approved as a logical extension of "B-1" zoning, and the Staff concurred in this recommendation. Mr. Oliver Price, 6801 Aswan Drive, stated he had opposed the request by letter before the Planning Commission hearing; that since then he has discussed the. plans with the developer and is now only concerned that alcoholic beverages could be sold under this classification. He inquired if the property could be deed restricted against this obnoxious use. Mr. Michael Lewis, applicant, stated he did not propose to establish a bar at that location, and that he would be agreeable to deed restricting against this use providing there is no cost involved and would also comply with the standard screening fence requirement. He pointed out that a bar would be allowed at a location approximately 100 feet from the subject property which is already zoned for this use. He assured the Council that it was not his intention to do this. Mr. John Hopkins, 1301 Aswan, stated he did not receive a notice of the hearing before the Planning Commission or the Council, but wanted to go on record as being in opposi- tion. • • Minutes Special Council Meeting August 8, 1973 Page 3 Motion by Branch, seconded by Lozano and passed, Ricardo Gonzalez voting "Nay", that the hearing be closed. Ricardo Gonzalez voting "Nay", Motion by Branch, seconded by Torn Gonzales and passed,/that the recommendation of the Planning Commission for approval of Application #673-4, Michael B. Lewis, for change of zoning from "R-18" One -family Dwelling District to "B-1" Neighborhood Business District on a 140' x 110' tract out of the east half of Lot 25, Section 17, Flour Bluff and Encinal Farm and Garden Tracts, be concurred in and approved subject to the staff and the owner working out the deed restrictions against on premise consumption of alcoholic beverages. Mr. Wenger presented Application #673-5, Mrs. Beulah Baker, for change of zoning from "R -1A" One -family Dwelling District to "A-1" Apartment House District on 8.977 acres of land out of Lot 1, Section 28, Flour Bluff & Encinal Farm & Garden Tracts, located between McArdle Road and South Padre Island Drive, east of Rodd Field Road. The request was heard by the Planning Commission June 12, 1973 and forwarded to the Council with the recommendation that it be approved as a logical use of the land, and the Staff concurred in this recommendation. Mr. Wenger also presented Application #573-16, M. T. Toness, for change of zoning from "R -1A" One -family Dwelling District to "A-1" Apartment House District on a 1 -acre tract out of Lot 1, Section 28, Flour Bluff & Encinal Farm & Garden Tracts, located on the south side of McArdle Road east of Rodd Field Road, which was heard by the Council July 11, 1973, and tabled for action following the hearing on the case of Mrs. Beulah Baker. He stated it was the recommendation of the Planning Commission that Application #573-16 (Toness) be denied, but in lieu thereof "R-2" Two-family Dwelling District by approved in an effort to be consistent with uses in the surrounding area. The Staff concurred in this recommendation. Mrs. Harrison PeIs, 96 Townhouse Lane, filed written objections, stating they own a townhouse in Carriage Park and this would, in their opinion, be a clear example of spot zoning. She stated McArdle Road is very narrow and already overcrowded, apartments would wall in this narrow Street and tend to detract from the harmony now prevailing in the area; would depreciate values of these residences and would be generally detrimental to this area. Mrs. John Hopkins, 1301 Aswan, stated she wanted to go on record as being in opposition. Mr. Tim Clower, realtor representing the applicant, stated this zoning change had been • • Minutes Special Council Meeting August 8, 1973 Page 4 discussed about six months ago with the Planning Staff and it was concluded that "A-1" Apart- ment House District would be the best use of this land. He stated he appreciates the residents concern relative to overcrowding conditions, but pointed out that suitable locations for needed apartment houses were difficult to find in Corpus Christi. He further pointed out that if "B-4" had been requested for the frontage along Padre Island Drive, which is the present trend, and "A-1" requested for the rear portion fronting on McArdle, more apartment units could be developed than presently proposed, but they only want to build 183 apartments. So far as the traffic, he stated the majority of the traffic will be routed by Padre Island Drive. He made a slide presen- tation of properties in the area, pointing out that when the property is platted, there will be access to both McArdle and Padre Island Drive, and that dedication of street right-of-way on McArdle will provide for a 60 foot collector street. The slide presentation was an attempt to show the compatibility of the proposed apartment development with the existing townhouse development. Mr. Joe McManus, realtor, spoke in favor of the requested change concurring with statements made by Mr. Clower. He stated that the Peerman Corporation planned to build 74 more townhouses in the area in 1974 which are presumed to be acceptable. He stated he wanted to go on record that he will request "A -l" for his tract which abuts the subject tract. Mr. Walker stated that 21 letters were received from residents within the area after the Planning Commission hearing in opposition to the proposed apartment development, generally on the basis that it would tend to overcrowd and downgrade the area, Motion by Tom Gonzales, seconded by Branch and passed, that the hearing he closed. Motion by Lozano, seconded by Tom Gonzales and passed, that the recommendation of the Planning Commission be concurred in and that Application #673-5, Mrs. Beulah Baker, for change of zoning from "R -1A" One -family Dwelling District to "A-1" Apartment House District on 8.977 acres of land out of Lot 1, Section 28, Flour Bluff & Encinal Farm & Garden Tracts, be approved as requested and an ordinance be brought forward effectuating the change. Motion by Stark, seconded by Lozano and passed, that Application #573-16, M. T. Toness, be removed from the table. Motion by Branch, seconded by Tom Gonzales and passed, that the recommendation of the Planning Commission not be concurred in but that Application #573-16, M. T. Toness, • • Minutes Special Council Meeting August 8, 1973 Page 5 for change of zoning from "R -1A" One -family Dwelling District to "A-1" Apartment House District on a 1 -acre tract out of Lot 1, Section 28, Flour Bluff and Encinal Farm and Garden Tracts, be approved as requested, and that an ordinance be brought forward effectuating the change. Mr. Wenger presented Application #673-6, E. B. Tyler, Jr. for change of z:or.irtg frcr' "R -1B" One -family Dwelling District to "B-4" General Business District or, the north 1/2 of Tract B, Tyler Subdivision, located on the west side of Tyler Circle, north of Laguna Shores Road. The request was heard by the Planning Commission June 12, 1973, and forwarded to the Council with the recommendation that it be approved on the basis it will improve the area, and the Staff concurred in this recommendation. No one appeared in opposition to the recommendation of the Planning Commission. Motion by Branch, seconded by Tom Gonzales and passed, that the hearing be closed. Motion by Lozano, seconded by Tom Gonzales and passed, that the recommendation of the Planning Commission be concurred in and that Application #673-6, E. B. Tyler, Jr., for change of zoning from "R -1B" One -family Dwelling District to "B-4" General Business District on the north 1/2 of Tract B, Tyler Subdivision, be approved as requested, and that an ordinance be brought forward effectuating the change. Mr. Wenger presented Application #473-6, Lilly Cavazos, for change of zoning from "R -1B" One -family Dwelling District and a Special Permit to "B-1" Neighborhood Busine=ss District on Lot 37, Block 15, Cupier Addition, located on the southwest corner of Carlton Street and Horne Road. The request was heard by the Planning Commission April 3, 1973, and forwarded to the Council with the recommendation that it be denied but in lieu thereof a special permit Le approved subject to a site plan approved by the Commission June 12, 1973, designated as Exhibit A. The Staff's recommendation was that this request be denied but in lieu thereof a revised special permit be granted containing Items 2, 3 and 5 of the original permit which are that there be no entrances from Carlton Street or Horne Road; that the applicant provide adequate off-street parking; and that outdoor advertising be restricted to a two square foot sign attached to the west side of the garage. He explained that the Staff based their recommendation on the fact that backing out onto Horne would create a hazardous traffic problem due to • • Minutes Special Council Meeting August 8, 1973 Page 6 improvements at this intersection, and moving traffic is merging from two lanes to one lane at about the point where this driveway entrance is proposed. Mr. Wenger reviewed the back- ground of the permit issued in 1967, stating the property is presently occupied by a single-family dwelling and a beauty shop on the rear portion of the lot, and that the property to the north, 5;s th and east is all occupied by single-family dwellings. Mr. Wenger stated it was the Staff's opinion that there should be adequate off street parking through the alley and should be no drive- way entrance from Horne Road. Commissioner Thomas Gonzales pointed out that there are other driveways leading onto Horne Road, and it appeared to him that even if Mrs. Cavazos did not have the business at this location, she would still be entitled to a driveway onto Horne Road. Mr. Wenger explained that further down the street from Mrs. Cavazos' property there is not the problem of the two lanes of traffic merging into one. Mrs. Lilly Cavazos spoke on behalf of the request, stating her reasons for requesting the zoning change is for parking for her own private cars adjacent to her beauty shop since she now has no driveway, and also to stop the City from harrassing her. She stated other residents back. their personal cars out onto Horne Road and she cannot understand why it should not be left up to her as to whether or not it is hazardous. She stated a curb had been constructed along Horne Road and she had been unable to get in and out; that she felt she could not depend on the alley for parking because it is open to the public and used for hauling and that trucks park in her driveway all hours of the day and night. She complained that following the construction of her beauty shop a high fence was built across the alley which, together with the curb, had caged her in that there had been emergency occasions involving her children when she could not get out of the driveway. She stated she had spent $100 for a site plan which she submitted and was not approved, and that the one approved by the Commission would not solve her problem. Mr. Wenger explained that the Planning Commission did not approve Mrs. Cavazos' site plan but asked the Staff to prepare alternate site plan according to guidelines outlined by the Commission in an effort to relieve Mrs. Cavazos' parking problem, and that these sketches were discussed with her architect. He explained that the plan which provided for offstreet parking and access from both Horne Road and the alley to the rear with seven offstreet parking spaces did not meet with the applicant's approval, but rather desired head -in parking from • Minutes Special Council Meeting August 8, 1973 Page 7 Horne Road. Mrs. Cavazos insisted the driveway was not for her L ustomers but for her personal use. She indicated if the driveway could be made wider perhaps it cocld be worked out, and that perhaps a 15 foot driveway would be sufficient. Mr. Walker stated the Staff is in no position tc recommend head -in parking from Horne Road. The size of the sign allowed was discussed and Mr. Wenger stated the site plan provides for two 4' x 10' sign on the side of the building and shall not project away from the building. It was agreed that Mrs. Cavazos would be given credit for the curb break when the drive cut is made. No one appeared in opposition to the recommendation of the Planning Commission. Motion by Lozano, seconded by Ricardo Gonzales and passed, that Application 4473-6, Lilly Cavazos, for change of zoning from "R-•18" One -family Dwelling District and a Special Permit to "B-1" Neighborhood Business District on Lot 37, Block 15, Cuiper Addition, be denied but in lieu thereof a revised special permit be approved according to the site plan showing a 15'' driveway and designated as Exhibit "A", subject to all other conditions of "B-1" zoning, and that an ordinance be brought forward effectuating the change, ORDINANCE NO. 11628 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 CARROLL W. CAGE BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON TRACT "A", BEING LOTS 11, 12R AND 13R, BLOCK 20, DEL MAR ADDITION, FROM "AB" PROFESSIONAL OFFICE DISTRICT TO "B-4" GENERAL BUSINESS DISTRICT; AND CHANGING THE ZONING ON TRACT "B", BEING LOTS 8, 9, AND 10, BLOCK 20, DEL MAR ADDITION, FROM "R -1B'° 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 HERE- WITH; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Acuff, Branch, Tom Gonzales, Ricardo Gonzalez, Lozano and Stark, present and voting "Aye"; Luby absent. ORDINANCE NO, 11629 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 LILLY CAVAZOS, BY GRANTING A REVISED SPECIAL PERMIT FOR THE OPERATION OF A BEAUTY SHOP SUBJECT TO THE CONDITIONS HEREINAFTER SET FORTH, • • Minutes Special Council Meeting August 8, 1973 Page 8 ON LOT 37, BLOCK 15, CUIPER ADDITION TO THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS; 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: Acuff, Branch, Tom Gonzales, Ricardo Gonzalez, Lozano and Stark, present and voting "Aye"; Luby absent. There being no further business to come before the Council, motion by Branch, seconded by Tom Gonzales and passed, that the meeting be adjourned at 5:35 p.m., August 8, 1973.