HomeMy WebLinkAboutMinutes City Council - 04/17/1974 - SpecialMINUTES
CITY OF CORPUS CHRISTI, TEXAS
SPECIAL COUNCIL MEETING
April 17, 1974
4:00 P.M.
PRESENT:
Mayor Jason Luby
Mayor Pro Tem James T. Acuff
Commissioners:
Rev. Harold T. Branch
Thomas V. Gonzales
Ricardo Gonzalez
Gabe Lozano, Sr.
J. Howard Stark
City Manager R. Marvin Townsend
Assistant City Attorney Bob Coffin
City Secretary T. Ray Kring
Mayor Jason Luby called the meeting to order in the Council Chamber of the City Hall
for the purpose of holding public hearings on zoning applications and any other business as may
properly come before the Council. It was noted that all members of the Council were present.
City Manager Townsend presented Application #872-11, Jesus A. Chaires, for change
of zoning from "R -1B" One -family Dwelling District to "B-1" Neighborhood Business District on
all of Lot 22, Block 1, Midway Addition, located on the southeast corner of Vitemb Street and
Horne Road. The request was heard by the Planning Commission August 22, 1972, and forwarded
to the Council with the recommendation that it be denied but in lieu thereof a special permit be
granted for a parking lot for ice cream trucks only. The Staff recommended denial on the basis
that it would create a continuous business strip and additional traffic congestion. Mr. Townsend
reported that four letters had been received in opposition since the Commission hearing and two
in favor.
Mr. Jesus A. Charles, applicant, stated he had purchased the adjacent lot to be used
as a parking area for his ice cream trucks to avoid having to park them on the street. He stated
he has three trucks in use, one not in operation and one wrecker; that there will be one driveway
on Vitemb Street, and that he does not maintain the vehicles on the property and does not main-
tain an office at this location.
Mr. Ruben Fuentes, 2901 Home Road, owner of Lot 24, spoke in opposition, stating
that the applicant has several junked cars on the property at the present time which he is repair-
ing for sale and the lot would be a junk yard. He presented pictures of the yard and the junked
cars. Mr. Fuentes stated he would have no objection to the special permit if the entire area is
properly fenced. He expressed doubt that that is the intention of the applicant.
City Manager Townsend pointed out to the applicant that the special permit could be
revoked if not complied with, and also attempted to determine if Mr. Charles was fully aware of
•
Minutes
Special Meeting
Apri 117, 1974
Page 2
the cost of constructing the standard screening fence, paving the lot, and construction of two
driveways. Mr. Charles stated he was advised by a member of the Planning Staff that the lot
could be surfaced with shell. Mr. Wenger explained that the discussions with Mr. Charles were
that the requirements would be for an all-weather surface.
Commissioner Ricardo Gonzalez noted that an area directly across the street from the
subject property had been zoned "A-1" and should be taken into consideration.
Motion by Stark, seconded by Acuff and passed, that the hearing be closed.
Motion by Stark, seconded by Acuff and passed, that the recommendation of the Planning
Commission be concurred in and Application 0872-11, Jesus A. Chaires, for change of zoning
from "R -1B" One -family Dwelling District to "B-1" Neighborhood Business District on all of
Lot 22, Block 1, Midway Addition, be denied, but in lieu thereof a special permit be granted
for a parking lot for ice cream trucks only according to an approved site plan showing the entire
area enclosed by a screening fence and permitting the use of shell surface instead of asphalt.
Mr. Cliff Cosgrove, 3302 Olsen, stated he is the owner of rental property across the
street from the subject property, and had no objection to the special permit so long as the condi-
tions were complied with.
City Manager presented Application 0274-6, Ben Marks, Agent, for change of zoning
from "R-2" Multiple Dwelling District to "A -l" Apartment House District on 10.2 (advertised as
20.4 acres) acres out of Lots 3 & 4, Oso Farm Tracts, located north of Stonegate Way and south
of Corona Drive. The application was heard by the Planning Commission February 19, 1974, and
forwarded to the Council with the recommendation that it be approved except for a 200 foot strip
along the south property line. The planning staff recommended that the north 1/2 of this tract
be zoned "A-1" as requested, but that the south 1/2 remain "R-2", which would provide a
transition type zoning from single-family, multiple -family, apartments to commercial along
Padre Island Drive. He reported that three notices had been received since the Commission hear-
ing in opposition.
Mr. Townsend explained that there had been a slight discrepancy in the notice and
advertising procedures in this case in that it was advertised as 20.4 acres, but that the notices
which were mailed to the property owners had indicated 10.2 acres. He further explained that
the applicant had modified his application and reduced the acreage after the notices had been
•
Minutes
Special Meeting
April 17, 1974
Page 3
mailed and the notices only went to the property owners surrounding the reduced area. Mr.
Townsend expressed the opinion that an application could not be motified between the time it is
heard by the Commission and by the Council. He explained that the 20 percent rule can only
apply to the original application of 20.4 acres which is before the Council at this time.
Assistant City Attorney Bob Coffin stated it was the Legal Department's advice to the
applicant and the Planning Commission that they could accept the modification of the request,
and the modification was made before the Commission hearing, and he did not see any serious
legal problem.
Mr. Chuck Tines, 4402 Stonegate Way, spoke in opposition stating his residence is
located on the lot which backs up to the subject property, and is strongly of the opinion that the
"A-1" zoning would downgrade his property and the entire area because of increased density,
additional traffic, further crowding of the already overcrowded schools, and that there is no need
for additional apartments in the City. Mr. Tines pointed out that only one year ago a request for
"A-1" was denied and "R-2" was approved as a compromise between residents and the applicant,
and they were led to believe that this would not be changed. He also pointed out that 37 percent
of the property owners within the 200' notification area did not receive a proper notice of the
hearings which in his opinion constituted an illegal meeting because of this inconsistency. Mr.
Tines also stated he felt these decisions should be made on a democratic basis since this is a govern-
ment "by the people and for the people." He stated this request should be sent back to the Planning
Commission on the basis that the notices were inconsistent and the applicant had modified his
application improperly.
Dr. Joseph Rupp, 4909 Coventry Lane, spoke in opposition generally concurring with
remarks of Mr. Tines regarding downgrading property values, increased density, traffic problems,
and overcrowding of schools. He pointed out the increased traffic on Flynn Parkway and the bottle-
neck since there is no other way to reach Padre Island Drive. He stated there are too many apart-
ments already and that they eventually tum good neighborhoods into slums and it is poor planning.
He commented that there are ample vacant areas on Everhart for apartment development as well as
many other areas in the City.
Mr. Gene Urban of Urban Engineering, 3100 South Alameda, representing the applicant,
spoke in favor of the request stating the applicant had acted on the advice of the City's Legal
•
Minutes
Special Meeting
Apri 117, 1974
Page 4
r
Department when the area of request was reduced, and the Planning Commission heard it accord-
ingly. He presented a site plan showing dedication of park area, and stated the development
would be deed restricted to 14 apartment units. Mr. Urban pointed out that Flynn Parkway was
in the Master Plan as a collector street with a 60' right of way before Stonegate was developed.
Motion by Acuff, seconded by Ricardo Gonzalez and passed, that the hearing be closed.
Motion by Acuff, seconded by Branch, with Tom Gonzales, Stark, Ricardo Gonzalez,
and Lozano voting "Nay", that the foregoing request be denied. Motion failed to pass.
Motion by Tom Gonzales, seconded by Stark and passed, Acuff voting "Nay", Mayor
Luby abstaining, that the recommendation of the Planning Commission be concurred in and the
request be approved with the exception of a 200' strip along the south property line. (See
subsequent motion)
City Manager Townsend presented Application #37-1, E. R. Andrews, for change of
zoning from "R -1B" One -family Dwelling District to "B-4" General Business District on Tract6,
Laguna Madre Acres, located on the east side of Laguna Shores Road, north of Glenoak Road.
The request was heard by the Planning Commission March 5, 1974, and forwarded to the Council
with the recommendation that it be approved as a logical extension of the existing "B-4" adjacent
to the north. The Staff concurred in this recommendation.
No one appeared in opposition to the recommendation of the Planning Commission.
Motion by Stark, seconded by Tom Gonzales and passed, that the hearing be closed.
Motion by Stark, seconded by Ricardo Gonzalez and passed, that the recommendation
of the Planning Commission be concurred in and Application #374-1, E. R. Andrews, for change of
zoning from "R -1B" One -family Dwelling District to "B-4" General Business District on Tract 6,
Laguna Madre Acres, be approved as requested and an ordinance be brought forward effectuating
the change.
City Manager Townsend presented Application #374-3, Elia Rita Cantu, for change of
zoning from "A-2" Apartment House District to "B-1" Neighborhood Business District on Lot 4,
Block 11, South End Extension, located on the southeast corner of Coleman Avenue and Brownlee
Boulevard, and Application #374-4, Elida E. Ramirez, for change of zoning from "A-2" Apart-
ment House District to "B-5" Primary Business District, on Lot 3, Block 10, Extension to South End,
located on the southwest corner of Coleman Avenue and Brownlee Boulevard. The foregoing
•
Minutes
Special Meeting
Apri 117, 1974
Page 5
applications were heard simultaneously by the Planning Commission March 5, 1974, and forwarded
to the Council with the recommendation that Application #374-3, Elia Rita Cantu, be approved as
Elide E. Ramirez
being the best and most proper zoning for the property; and that Application #374-4,/l.e approved
as a logical extension of the "B-5" adjacent to the west.
No one appeared in opposition to the recommendations of the Planning Commission on
Applications #374-3, and #374-4.
Motion by Tom Gonzales, seconded by Lozano and passed, that the hearing be closed.
Motion by Tom Gonzales, seconded by Ricardo Gonzalez and passed, Acuff and Lozano
voting "Nay", that Application #374-3, Elia Rita Cantu, for change of zoning from "A-2" to
"B-1" on Lot 4, Block 11, South End Extension, be approved and an ordinance be brought forward
effectuating the change; and
That Application #374-4, Elida E. Ramirez, for change of zoning from "A-2" to "B-5"
on Lot 3, Block 10, Extension to South End, be approved, and an ordinance be brought forward
effectuating the change.
City Manager Townsend presented Application #374-5, Sam J. Kelley, for change of
zoning from "B-4" General Business District to "1-2" Light Industrial District on Lot B, Ellendale
Gardens #2, located on the northeast corner of Omaha Drive and Leopard Street. The request
was heard by the Planning Commission March 5, 1974 and forwarded to the Council with the
recommendation that it be approved as o logical extension of the adjacent "1-2" zoning.
No one appeared in opposition to the recommendation of the Planning Commission.
Motion by Acuff, seconded by Lozano and passed, that the hearing be clbsed.
Motion by Lozano, seconded by Acuff and passed, that Application #374-5, Sam J.
Kelley, for change of zoning from "13-4" General Business District to "1-2" Light Industrial District
on Lot 8, Eilendale Gardens #2, be approved and an ordinance be brought forward effectuating
the change.
Relative to Application #274-6, Ben Marks on which a motion was previously passed that
it be approved, the following actions, were taken:
Motion by Tom Gonzales, seconded by Ricardo Gonzalez and passed, that Application
#274-6, Ben Marks, be withdrawn and sent to the Planning Staff to be readvertised.
Motion by Branch, seconded by Ricardo Gonzalez and passed, that the foregoing
application be tabled for further consideration.
•
Minutes
Special Meeting
April 17, 1974
Page 6
ORDINANCE NO. 12008
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 APPLI-
CATION OF E. R. ANDREWS BY AMENDING THE ZONING MAP BY CHANGING THE
ZONING ON TRACT 6, LAGUNA MADRE ACRES, SITUATED IN THE CITY OF CORPUS
CHRISTI, NUECES COUNTY, TEXAS, 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: Luby, Acuff, Branch, Tom Gonzales, Ricardo Gonzalez, Lozano and Stark, present and
voting "Aye".
ORDINANCE NO. 12009
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 APPLI-
CATION OF ELIA RITA CANTU BY AMENDING THE ZONING MAP BY CHANGING THE
ZONING ON LOT 4, BLOCK 11, SOUTH END EXTENSION, SITUATED IN THE CITY OF
CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "A-2" APARTMENT HOUSE DISTRICT TO
"B-1" NEIGHBORHOOD 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: Luby, Acuff, Branch, Tom Gonzales, Ricardo Gonzalez, Lozano and Stark, present and
voting "Aye".
ORDINANCE NO. 12010
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 ELIDA E. RAMIREZ BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON
LOT 3, BLOCK 10, EXTENSION TO SOUTH END, SITUATED IN THE CITY OF CORPUS CHRISTI,
NUECES COUNTY, TEXAS, FROM "A-2" APARTMENT HOUSE DISTRICT TO "B-5" PRIMARY
BUSINESS DISTRICT; KEEPING IN EFFECT ALL OTHER PROVISIONS OF THE EXISTING ORDI-
NANCE 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: Luby, Acuff, Branch, Tom Gonzales, Ricardo Gonzalez, Lozano and Stark, present and
voting "Aye".
•
Minutes
Special Meeting
April 17, 1974
Page 7
ORDINANCE NO. 12011
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 RESOLUTION RECORDS, AS AMENDED FROM
TIME TO TIME AND PARTICULARLY AS AMENDED BY ORDINANCE NO. 6106, AS AMENDED,
UPON APPLICATION OF SAM J. KELLEY BY AMENDING THE ZONING MAP BY CHANGING
THE ZONING ON LOT B, ELLENDALE GARDENS 02, SITUATED IN THE CITY OF CORPUS
CHRISTI, NUECES COUNTY, TEXAS, FROM "B-4" GENERAL BUSINESS DISTRICT TO "1-2"
LIGHT INDUSTRIAL DISTRICT; KEEPING IN EFFECT ALL OTHER PROVISIONS OF THE EXIST-
ING ORDINANCE AS AMENDED; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH;
AND DECLARING AN EMERGENCY.
The Charter Rules was suspended and the foregoing ordinance was passed by the following
vote: Luby, Acuff, Branch, Tom Gonzales, Ricardo Gonzalez, Lozano and Stark, present and
voting "Aye"
Motion by Acuff, seconded by Branch and passed, that the special meeting be adjoumed
at 6:30 p.m., April 17, 1974.