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HomeMy WebLinkAboutMinutes City Council - 04/24/1974 - SpecialMINUTES CITY OF CORPUS CHRISTI, TEXAS SPECIAL COUNCIL MEETING April 24, 1974 3:00 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 Exec. Assistont City Attorney Michael May City Secretary T. Ray Kring Mayor Jason Luby called the meeting to order in the Council Chamber of the City Hall, stating the purpose of the Special Meeting was to hold 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 #374-10, Skyland Developers, for change of zoning from "R -1A" One -family Dwelling District to "8-4" General Business District on 1.869 acres out of Lot 1, Section 28, Flour Bluff and Encina) Form and Garden Tracts, located on the northeast comer of Rodd Field Road and South Padre Island Drive. The request was heard by the Planning Commission March 19, 1974, and forwarded to the Council with the recommendation that it be denied but in lieu thereof "8-3" Business District be approved. The Staff's opinion was that "B-4" should be denied but in lieu the newly adopted "B-3" District be approved for the front portion and the remaining back portion be zoned "AB". Mr. Tim Clower, agent for the owner, presented the plans for development of a small shopping center and stated that the applicant is agreeable to the recommendation that "B-3" zoning be granted on the entire tract. No one appeared in opposition to the recommendation of the Planning Commission. Motion by Acuff, seconded by Ricardo Gonzalez and passed, that the hearing be closed. Motion by Ricardo Gonzalez, seconded by Lozano and passed, Mayor Luby voting "Nay", Developers, that the recommendation of the Planning Commission be concurred in and Application #374-10, Skyland/ for change of zoning from "R -1A" One -family Dwelling District to "B-4" General Business District on 1.869 acres out of Lot 1, Section 28, Flour Bluff and Encinal Farm and Garden Tracts, be denied, but in lieu thereof "B-3" Business District be approved, and that an ordinance be brought forward effectuating the change. City Manager Townsend presented Application #374-11, Friendly Finance, Inc., for • • Minutes Special Council Meeting April 24, 1974 Page 2 change of zoning from "R -1B" One -family Dwelling District and "AB" Professional Office District to "B-4" General Business District on Lots 23 and 24, Block 3, Lexington Estates Subdivision, located on the northwest corner of Brandesky Drive and South Padre Island Drive. The request was heard by the Planning Commission March 19, 1974, and forwarded to the Council with the recom- mendation that it be denied but in lieu thereof "B-3" Business District be approved. The Staff's opinion was that "AB" zoning would be adequate for this property but would recommend "B-3" rather than "B-4". No one appeared in opposition to the recommendation of the Planning Commission. Mr. Charles R. Porter, Attorney, representing the applicant, stated the recommendation of the Planning Commission was acceptable. Motion by Stark, seconded by Acuff and passed, that the hearing be closed. Motion by Tom Gonzales, seconded by Lozano and passed, that the recommendation of the Planning Commission be concurred in and Application 0374-11, Friendly Finance, Inc., for change of zoning from "R -1B" One -Family Dwelling District and "AB" Professional Office District to "B-4" General Business District on Lots 23 and 24, Block 3, Lexington Estates Subdivision, be denied, but in lieu thereof a "B-3" Business District be approved, and an ordinance be brought forward effectuating the change. City Manager Townsend presented Application 1873-2, Diane H. Kirmse, for change of zoning from "AT" Apartment Tourist District to "B-1" Neighborhood Business District on Lots 2, 2A and 2B, Block 3, Seaside Addition, located on the north side of Ocean Drive, in the 4300 Block. The request was heard by the Planning Commission August 21, 1973 and forwarded to the Council with the recommendation that it be denied but in lieu thereof a special permit be granted according to a site plan approved by the Commission January 8, 1974 which site plan included elevations, design for exterior of buildings and uses, and also including the perspective or architectural elevations to be used as a guide for design criteria. The Planning Staff's recom- mendation was for denial on the basis it would be an intrusion into a residential area and that ingress and egress to a business of this type would add considerable congestion to an already highly congested area. Mr. Townsend reported that since the Commission hearing some 30 letters had been received strongly opposing the requested zoning change, and two in favor. Mr. Townsend pointed out the problem of determining whether or not the 20 percent rule would apply in this case • • Minutes Special Council Meeting April 24, 1974 Page 3 since the majority of those in opposition were co-owners of the Riviera Condominium immediately adjacent to the subject property, but a final determination was that the rule did apply. Mr. Ed Prichard, attorney representing the owners of the Condominium, spoke in opposition stating that the owners had collectively and individually indicated opposition to the proposed business type use of this property, and presented a petition containing 46 signatures to this effect. He stated these people feel any change from the present use would be a detriment to their property. He pointed out that the present building does not conform to the City's front and sideyard standards and this should not be perpetuated, that there is no safe way to enter the property thus creating a traffic hazard; that the aesthetic view of the Bayfront should not be further obstructed; the change would constitute spot zoning and on invasion of an established use; and would lead to other requests for similar developments which would be a detriment to the entire community. Mayor Luby asked those in the audience represented by Mr. Prichard in opposition to the recommendation of the Planning Commission to so indicate by standing. Approximately 20 persons responded. Mrs. Dwain Harris, president of the League of Women Voters, read and presented a statement from this organization in opposition to the recommendation of the Planning Commission. Mrs. Alex P. Vaky, chairman of the Municipal Arts Commission, read and presented a statement of the Commission meeting of April 9, 1974, opposing the recommended special permit. Mr. Roger Chavana, 3322 Casa Bonita, stated the proposed development would be aesthetically objectionable and a traffic hazard in view of the Naval Air Station traffic. Mr. Cecil Burney, 4895 Ocean Drive, stated he wished to go on record os being opposed to the proposed development of the property at this location, and concurred with all objections previously stated. Mr. Michael Kendrick, attomey representing the applicant, took issue with the calcu- lation of the Staff that the 20 percent rule is in effect in view of the area within the notification area which extends out into the Bay. He stated that by taking this into consideration the figure should be 18 percent. Mr. Kendrick pointed out that the property is already zoned "AT" and under this classification the applicant could build a structure similar to the Riviera Condominium with as much as 3,000 square feet of commercial space which would be more of an obstruction to • Minutes • Special Council Meeting April 24, 1974 Page 4 the view of the Bay than what is planned. Mr. Diane Kirmse, applicant, presented plans of the development and a sketch of the buildings which would be remodeled to represent different cultural areas, the shops would be gift or specialty shops, tea room and a small restaurant. She stated the area would be landscaped with a boardwalk over the ravine to the terraced area where the restaurant would be located with plenty of open space and good view of the water from Ocean Drive; and there would be no neon signs and no concrete structures. The Council was generally impressed with the plan as presented by Miss Kirmse and expressed regret that the residents of the condominium could not have seen it. Speaking in favor of the request were Mrs. Tom Patterson, 318 Katherine, Mr. Don Bower, 457 Ashland, Mrs. Boyd Hall, and Mrs. Thomas. In rebuttal, Mr. Prichard stated the opposition was mostly concerned with what could happen to the property in the future in case the proposed development is deemed not to be economically feasible and they had heard nothing at this hearing that would irrevocably bind the applicant. Motion by Stark, seconded by Ricardo Gonzalez and passed, that the hearing be closed. City Manager Townsend stated the Legal Department will be requested to submit an opinion relative to the 20 percent rule in this case. Mr. Kendrick stated it would be preferable to the applicant that the Council not delay action on the case. Motion by Ricardo Gonzalez, seconded by Branch and passed, with Mayor Luby voting "Nay", that the recommendation of the Planning Commission be concurred in and Application 0873-2, Diane H. Kirmse, for change of zoning from "AT" Apartment -Tourist to "B-1" Neighbor- hood Business District on Lots 2, 2A and 28, Block 3, Seaside Addition, located on the north side of Ocean Drive, in the 4300 Block, be denied, but in lieu thereof a special permit be granted according to a site plan approved by the Commission January 8, 1974, and that an ordinance be brought forward effectuating the special permit. There being no further business to come before the Council, the Special meeting was adjourned at 5:55 p.m., April 24, 1974.