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.
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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.
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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
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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,
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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
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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
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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,
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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.