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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.