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HomeMy WebLinkAboutMinutes City Council - 05/08/1974 - Special• MINUTES CITY OF CORPUS CHRISTI, TEXAS SPECIAL COUNCIL MEETING May 8, 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, 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 #474-1, Mike Jalifi, for change of zoning from "R -1B" One -family Dwelling District to "A-2" Apartment House District on Lot 13, Block 16, Meadow Park Addition, located on the southeast corner of Mohawk and Huron Streets. The request was heard by the Planning Commission April 2, 1974 and forwarded to the Council with the recommendation that it be denied since the lot is only 50' x 150' in size and already contains a duplex use. The Planning Staff recommended denial on the basis it would allow a higher density within an area that is predominantly single-family. Mr. Townsend reported that since the Commission hearing, three letters had been received in opposition and two in favor. Mr. Mike Jalifi, applicant, explained that he had inherited the subject property together with the property across the street on Mohawk; and that. he proposed to develop the lot with a two -unit apartment building , each unit containing one bedroom. He further explained that he spends $35.00 a month to keep the undeveloped area cleaned. Chief Planner Larry Wenger stated that if "A-2" is approved, one or two more units could be added on 7,500 square feet. No one appeared in opposition to the recommendation of the Planning Commission. Motion by Stark, seconded by Acuff and passed, that the hearing be closed. Motion by Acuff, seconded by Stark and passed, Ricardo Gonzalez and Lozano voting "Nay", that the recommendation of the Planning Commission be concurred in and Application X6474-1, Mike Jalifi, for change of zoning from "R -1B" One -family Dwelling District to "A-2" Apartment House District on Lot 13, Block 16, Meadow Park Addition, be denied since the lot is only 50' x 150' in size and already contains a duplex use. • Minutes Special Council Meeting May 8, 1974 Page 2 City Manager Townsend presented Application #474-3E, Office Park Associates, for an exception to the standard screening fence requirement on Lot 2, Unit 1, Washburn Meadows, located on the west side of the 3800 Block of South Staples Street, south of Weber Road. The request was heard by the Planning Commission April 2, 1974, and forwarded to the Council with the recommendation that it be approved, concurring with the Staff that it is a justifiable exception. Mr. Townsend reported that since the Commission hearing, three letters had been received in opposition to the request and three in favor. The opposition was generally based on the feeling that it is not in accordance with the zoning ordinance, the builders were aware of the requirement prior to building, and other requests for exceptions would be made. Mr. Townsend stated that the Church located in the area had agreed to the waiver. No one appeared in opposition to the recommendation of the Planning Commission. Motion by Acuff, seconded by Stark 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 #474-3E, Office Park Associates, for an exception to the standard screening fence requirement on Lot 2, Unit 1, Washburn Meadows, be approved as a justifiable exception, and that an ordinance be brought forward effectuating this action. City Manager Townsend presented Application #474-5E S & S Development Company, for an exception to the standard screening fence requirement on Lot 9A, Block 7, Flour Bluff Heights, located between Jester, Valerie and Skipper, and between Marzbacher and Boathole. The request was heardby the Planning Commission April 2, 1974 and forwarded to the Council with the recommendation that it be approved along the east property line of Lot 9A, Block 7, Flour Bluff Heights. The Staff concurred in this recommendation. Mr. Townsend stated that no opposition had been filed since the Commission hearing. No one appeared in opposition to the recommendation of the Planning Commission. Motion by Acuff, seconded by Lozano and passed, that the hearing be closed. Motion by Acuff, seconded by Lozano and passed, that the recommendation of the Planning Commission be concurred in and Application #474-5E, S & S Development Company, for an exception to the standard screening fence requirement on Lot 9A, Block 7, Flour Bluff Heights, be approved along the east property line of Lot 9A, Block 7, Flour Bluff Heights, and that an ordinance be brought forward effectuating this action. • Minutes Special Council Meeting May 8, 1974 Page 3 City Manager Townsend presented Application #1173-5, Mrs. E. F. Zatopek, for change of zoning from "R-2" Two-family Dwelling District to "B-4" General Busi- ness District on Lots 4 and 5, Block 11, Southmoreland Addition, located on the north side of the 100 Block of Norton Street between Ayers and Lewis Street (or Watson and Norton). The request was heard by the Planning Commission November 27, 1974 and forwarded to the Council with the recommendation that it be denied but in lieu thereof a special permit be approved for a parking lot. On April 2, 1974, the site plan was approved for Lot 4 only as Lot 5 was withdrawn from the request. The Staff's recom- mendation was that this request should be denied on the basis that it would be an intrusion of business into a residential area and would have a detrimental effect on the residential uses. Mr. Gene Peoples, realtor, spoke on behalf of the applicant and stated the recommendation of the Planning Commission was acceptable. Reverend Wilburn Kensing, pastor of the Christ Lutheran Church located on the block adjacent to the north of the subject property, stated he was opposed to the request unless the owner intends to restrict the use to parking. Motion by Lozano, seconded by Acuff and passed, that the hearing be closed. Motion by Lozano, seconded by Acuff and passed, that the recommendation of the Planning Commission be concurred in and that Application #1173-5, Mrs. Zatopek, for change of zoning from "R-2" Two-family Dwelling District to "B-4" General Business District on Lots 4 and 5, Block 11, Southmoreland Addition, be denied but in lieu thereof a special permit be approved for a parking lot on Lot 4 only, according to the site plan approved April 2, 1974, and an ordinance be brought forward effectuating the special permit. City Manager Townsend presented Application #472-2, Mr. Ramundo Rodriguez, for change of zoning from "R -1B" One -family Dwelling District to "B-4" General Business District on Lot 1, Block 1, Carver Addition, located on the northwest corner of Greenwood Drive and Soledad. The request was heard by the Planning Commission on April 2, 1974. The motion that it be denied but in lieu thereof a special permit be granted for the operation of a plumbing shop,ended in a tie vote which constituted denial of the application according to a ruling of the Legal Department. The Planning Staff's recommendation was that the request be denied on the basis that it would be an intrusion into residential uses. Mr. Townsend reported that no opposition had been filed since the Commission hearing. • Minutes Special Council Meeting May 8, 1974 Page 4 Mr. Ramundo Rodriguez, applicant, was present and stated the recommended special permit was acceptable. No one appeared in opposition to the recommendation of the Planning Commission. Motion by Acuff, seconded by Lozano and passed, that the hearing be closed. Motion by Ricardo Gonzalez, seconded by Tom Gonzales and passed, Mayor Luby and Mayor Pro Tem Acuff, voting "Nay", that the recommendation of the Planning Commis- sion be concurred in and Application #472-2, Ramundo Rodriguez, for change of zoning from "R -IB" One -family Dwelling District to "B-4" General Business District on Lot 1, Block 1, Carver Addition, be denied, but in lieu thereof a special permit be granted for the operation of a plumbing shop according to an approved site plan, and an ordinance be brought forward effectuating the special permit. City Manager Townsend presented Application #474-4, Mr. James T. Braselton, Jr., Trustee, for change of zoning from "R -1B" One -family Dwelling District to "A-1" Apart- ment House District on 14.76 acres out of Survey 419, State Abstract 570, located on the south side of I.H. #37 and UpRiver Road, and west of McKinzie Road. The request was heard by the Planning Commission April 2, 1974 and forwarded to the Council with the recommendation that it be approved as requested. The Staff's recommendation was that the request be approved on the basis that there is a buffer of "R -1B" zoning between the residential uses to the south and the area of request, but would strongly oppose any development other than single-family on the vacant area between the property of request and the residential areas to the south, west and northeast. Mr. Townsend reported that there had been no opposition filed since the Commission hearing. He read a letter dated May f, 1974, addressed to Dr. Doyle Little, Chairman of Jackson Woods Subdivisions Homeowners Association signed by Mr. Braselton confirming their commitment to file deed restrictions on 30 acres, more or less, according to those restrictions insisted upon by the homeowners in the Jackson Woods Subdivision which were changed to reflect the compromise positions taken by the applicant and Dr. Tirshwel1. No one appeared in opposition to the recommendation of the Planning Commission. Motion by Acuff, seconded by Stark and passed, that the hearing be closed. Mr. James T. Braselton, Jr., applicant was present and stated the deed restrictions, with changes submitted to Dr. Doyle Little to reflect the compromise positions of Jackson Woods Subdivision residents, were acceptable, that the deed restrictions had been prepared and would be subsequently submitted. Attorney John Brooke • Minutes Special Council Meeting May 8, 1974 Page 5 confirmed the preparation of the deed restrictions stating they could be filed now except for the signature of the Savings & Loan Company. Motion by Stark, seconded by Ricardo Gonzalez and passed, that the recommenda- tion of the Planning Commission be concurred in and Application #474-4, Mr. James T. Braselton, Jr., Trustee, for change of zoning from "R -1B" One -family Dwelling District to "A-1" Apartment House District on 14.76 acres out of Survey 419, State Abstract 570, be approved as requested and that an ordinance be brought forward subject to the applicant filing voluntary deed restrictions requested by the homeowners in Jackson Woods Subdivisions which would include buffering of the multi -family development with single-family homes, construction of a screening fence around the apartments, and provision for a traffic pattern for egress and ingress to the apartments only on UpRiver Road. The applicant was advised that the ordinance would not be signed until the deed restrictions have been filed. ORDINANCE NO. 12045 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 OFFICE PARK ASSOCIATES FOR AN EXCEPTION TO THE STANDARD SCREENING FENCE REQUIREMENT ON LOT 2, UNIT 1, WASHBURN MEADOWS, SITUATED IN 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: Luby, Acuff, Branch, Tom Gonzales, Ricardo Gonzalez, Lozano and Stark, present and voting "Aye". ORDINANCE NO. 12046 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 PARTICUTARLY AS AMENDED BY ORDINANCE NO. 6106, AS AMENDED, UPON APPLICATION OF S & S DEVELOPMENT COMPANY FOR AN EXCEPTION TO THE STANDARD SCREENING FENCE REQUIREMENT BETWEEN JESTER AND SKIPPER STREETS ALONG THE EAST SIDE OF LOT 9A, BLOCK 7, FLOUR BLUFF HEIGHTS, SITUATED IN 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: Luby, Acuff, Branch, Tom Gonzales, Ricardo Gonzalez, Lozano and Stark, present and voting "Aye". • Minutes Special Council Meeting May 8, 1974 Page 6 ORDINANCE NO. 12047 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 MRS. E. F. ZATOPEK BY GRANTING A SPECIAL PERMIT ON LOT 4, BLOCK 11, SOUTHMORELAND ADDITION, SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FOR A PARKING LOT, SUBJECT TO THE CONDITIONS HEREINAFTER MORE FULLY SET FORTH, ACCORDING TO THE SITE PLAN, A COPY OF WHICH IS ATTACHED HERETO, MARKED EXHIBIT "A"; 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, Tom Gonzales, Ricardo Gonzalez, Lozano, Branch and Stark, present and voting "Aye". ORDINANCE NO. 12048 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 JAMES T. BRASELTON, JR., TRUSTEE, BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON 14.76 ACRES OUT OF SURVEY 419, STATE ABSTRACT 570, SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY TEXAS, FROM "R -1B" ONE FAMILY DWELLING DISTRICT TO "A-1" APARTMENT HOUSE DISTRICT; KEEPING IN EFFECT ALL OTHER PROVISIONS OF THE EXISTING ORDINANCE AS AMENDED; REPEAL- ING 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". There being no further business to come before the Council, motion by Acuff, seconded by Ricardo Gonzalez and passed, that the meeting be adjourned at 5:10 p.m., May 8, 1974.