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HomeMy WebLinkAboutMinutes City Council - 05/15/1974 - SpecialMINUTES CITY OF CORPUS CHRISTI, TEXAS SPECIAL COUNCIL MEETING May 15, 1974 4:00 P.M. PRESENT: Mayor Jason Luby Mayor Pro Tem James T. Acuff Commissioners: Rev. Harold T. Branch Thomas V. Gonzales Gabe Lozano, Sr. Howard Stark City Manager R. Marvin Townsend City Attorney James R. Riggs City Secretary T. Ray Kring Mayor Jason Luby called the meeting to order in the Council Chamber L-10 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 a quorum of the Council was present. City Manager Townsend presented the proposed change to the Text of the Zoning Ordinance so as to pre -zone, prior to annexation, property owned by Mr. Hulen Hunt in Section 5, Flour Bluff & Encinal Farm & Garden Tracts, to be des- ignated as "A-2" Apartment House District and "B-4" Business District, on property located on the southwest corner of South Staples Street and Saratoga Boulevard. The proposal was presented and heard by the Planning Commission October 17, 1972, with subsequent discussions held December 12, 1972, September 4, 1973, and April 16, 1974. Following the April 16 meeting, the proposal was forwarded to the Council with the recommendation that it be denied, but in lieu thereof "A-1" Apartment House District be approved on Tract A and "B-3" Business District be approved on Tract B on the basis that the "A-1" density would be more suitable for the area since it is located in a higher rent area and "B-3" would permit the owner to build a shopping center as proposed. It was the opinion of the Planning Staff that this is not the proper approach for pre -zoning, but if the Commission does recommend favorably, it is the Staff's opinion that "B-3" Business District should be approved in lieu of "B-4" since residential uses are not permitted in the "B-3" and that "A-1" Apartment House District be approved in lieu of the "A-2" to lessen the density. Mr. Ed Prichard, attorney representing Mr. Hulen Hunt, owner of the property, presented a map showing the area of request. He pointed out other areas where changes were brought about by text amendments and considered to be necessary • Minutes Special Council Meeting May 15, 1974 Page 2 •r -r in order to properly plan for large areas. He pointed out adjoining property zoned "B-4" and stated that in order for his client to complete and find someone willing to invest the necessary amount of money, it must be on the same basis as the surrounding property; that they need flexibility, and that is why they are requesting "B-4". He stated there are no storm sewers or other utilities on the property at the present time and probably will not be for five or six years, but they must start plans now for development of the property, and his client is willing to annex and incur City taxes during this period. Mr. Prichard stated the Commission Minutes erroneously reflected that they had agreed to the "B-3" zoning. No one appeared in opposition to the foregoing recommendation of the Planning Commission. Motion by Acuff, seconded by Lozano and passed, that the hearing be closed. Motion by Stark, seconded by Acuff and passed, that Tract A be designated as "A-1" Apartment House District, and Tract B be designated as "B-4" Business District, and that the Text of the Zoning Ordinance be amended as follows: I. Amend Article 31, Newly Annexed Territory, by adding two new subsections as follows: 31-5.09 The following described tract of land shall be zoned and classified as "A-1" Apartment House District: (1) Portions of Lots 5 & 6, Section 5, Flour Bluff & Encinal Farm & Garden Tracts, as shown by Map of Record, Volume A, Page 43, Map Records, Nueces County, Texas, said 6.6 -acre tract of land being more particularly described by metes and bounds on file in the Planning Office. 31-5.1a The following described tract of land shall be zoned and classified as "B-4" Business District: (1) A portion of Lot 6 and all of Lots 7 & 8, Section 5, Flour Bluff & Encinal Farm & Garden Tracts, as shown by Map of Record, Volume A, Page 43, Map Records, Nueces County, Texas, said 42.0 -acre tract of land being more particularly described by metes and bounds on file in the Planning Office. City Manager Townsend presented Application #873-5, South Central Oil Company, for change of zoning from "B-1" Neighborhood Business District and a Special Permit to "B-4" General Business District, on Lots 1 and 2, Block 3, Lexington Estates, located on the northeast corner of Hakel Drive and South Padre • Minutes Special Council Meeting May 15, 1974 Page 3 Island Drive. The application was heard by the Planning Commission August 21, 1973, subsequently discussed on April 16, 1974, and forwarded to the Council with the recommendation that it be denied, but in lieu thereof "B-3" Business zoning be approved. The Staff concurred in this recommendation. No one appeared in opposition to the recommendation of the Planning Commission. Motion by Branch, seconded by Acuff and passed, that the recommendation of the Planning Commission be concurred in and Application #873-5, South Central Oil Company, for change of zoning from "B-1" Neighborhood Business District and a Special Permit to "B-4" General Business District, on Lots 1 and 2, Block 3, Lexington Estates, be denied, but in lieu thereof "B-3" Business District be ap- proved, and an ordinance be brought forward effectuating the change. City Manager Townsend presented Application #474-6, John Turbeville, for change of zoning from "R -1B" One -family Dwelling District to "B-1" Neighborhood Business District on Lot 12, Block 2, Lakeview Acres, located on the southwest corner of Lakeview Drive and Rodd Field Road. The request was heard by the Planning Commission April 16, 1974, and forwarded to the Council with the re- commendation that it be approved as a logical extension of the "B-1" area to the north and also, that it is unrealistic to assume that anybody will build single- family homes along Rodd Field Road, which is designated as a major thoroughfare in the City's adopted Master Transportation Plan. It was the Staff's recommendation that "B-1" should be denied and in lieu thereof, "R-2" Multiple -family District be approved which would be more compatible with the residential properties and pro- vide some break in business zoning along Rodd Field Road. He stated the 20 per- cent rule is in effect. Mrs. Robert D. Barnes, 640 McCall, owner of Lot 12-A, Block 1, spoke in opposition stating they planned to build their home on this lot and felt the "B-1" Business District would be detrimental to this residential subdivision. Mr. Tim Clower, realtor representing the seller and buyer of the property, stated this request was made because they had determined that the future growth of Corpus Christi would be in this area due to its proximity to Padre Island Drive, and that Rodd Field Road is designated as a major thoroughfare according to the • Minutes Special Council Meeting May 15, 1974 Page 4 Master Transportation Plan. He pointed out that some of the deed restrictions had been removed in Lakeview Acres because of changing conditions. He stated they were agreeable to the recommendation of the Planning Commission. Motion by Acuff, seconded by Branch and passed, that the hearing be closed. Motion by Tom Gonzales, seconded by Stark, with Acuff, Lozano, Luby and Branch voting "Nay", that the recommendation of the Planning Commission be concurred in and grant "8-1" zoning. The motion failed for lack of sufficient affirmative votes. Motion by Acuff, seconded by Stark and passed, with Tom Gonzales ab- staining, that the recommendation of the Planning Staff be concurred in and Application #474-6, John Turbeville, for change of zoning from "R -1B" One -family Dwelling District to "B-1" Neighborhood Business District on Lot 12, Block 2, Lakeview Acres, be denied, and in lieu thereof "R-2" Multiple -family District be approved, and that an ordinance be forwarded effectuating the change. City Manager Townsend presented Application #474-8, G. Phillip Albright, for change of zoning as follows: Tract A - from "R -1B" One -family Dwelling District to "A-2" Apartment House District, on approximately 15 acres out of Lots 1 and 2, Section 5, Range VIII, Gugenheim and Cohn's Farm Lots; Tract B - from "R -1B" One - family Dwelling District, "A-2" Apartment District and "B-4" General Business District, to "I-2" Light Industrial District on approximately 97.78 acres out of Lots 2, 3, 4, 6, 7 and 10, Section 5, Range VIII, Gugenheim and Cohn's Farm Lots; both tracts located along the east right-of-way line of South Padre Island Drive between Bear Lane and Old Brownsville Road. The application was heard by the Planning Commission April 16, 1974, and forwarded to the Council with the recom- mendation that both requests be approved on the basis that there is a need for such developments, extending the "A-2" Apartment House District on Tract A west to Flato Road to provide a buffer for the school. It was the Staff's opinion that the industrial zoning request should be reduced so as not to be adjacent to the West Oso School complex located directly north across Bear Lane since an industrial use is not compatible with school activities; also that the "A-2" density would be too high for this area and should be reduced to "A-1". • Minutes Special Council Meeting. May 15, 1974 Page 5 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 Stark, seconded by Lozano and passed, that the recommendation of the Planning Commission be concurred in and Application #474-8, G.Phillip Albright, for change of zoning on Tract A, from "R -1B" One -family Dwelling District to "A-2" Apartment House District,on approximately 15 acres out of Lots 1 and 2, Section 5, Range VIII, Gugenheim and Cohn's Farm Lots; and on Tract B, from "R -1B" One -family Dwelling District, "A-2" Apartment House District and "B-4" General Business District, to "I-2" Light Industrial District on approximately 97.78 acres out of Lots 2, 3, 4, 6, 7 and 10, Section 5, Range VIII, Gugenheim and Cohn's Farm Lots, be approved and an ordinance be brought forward effectuating the change. City Manager Townsend presented Application #474-9, Pier I Imports, for change of zoning from "B-1" Neighborhood Business District to "B-4" General Business District on Lot 2, Block A, Manor Terrace, located on the southwest corner of South Padre Island and Manor Drives. The request was heard by the Planning Commission April 16, 1974, and forwarded to the Council with the recommendation that it be approved as a logical extension of "B-4" zoning along this major expressway. Motion by Branch, seconded by Lozano and passed, that the hearing be closed. Motion by Lozano, seconded by Branch and passed, with Acuff abstaining, that the recommendation of the Planning Commission be concurred in and Application #474-9, Pier I Imports, for change of zoning from "B-1" Neighborhood Business District to "B-4" General Business District on Lot 2, Block A, Manor Terrace, be approved as requested, and an ordinance be brought forward effectuating the change. City Manager Townsend presented Application #474-10, Mrs. Carrie L. Kersh, for change of zoning from "R -1B" One -family Dwelling District to "B-1" Neighborhood Business District on Lots 3N thru 6N, Ava Cooper Subdivision, located on the south- east corner of Ivy Lane and Horne Road. The application was heard by the Planning Commission April 16, 1974, and forwarded to the Council with the recommendation that it be denied and in lieu thereof, "AB" Professional Office District be approved. • • Minutes Special Council Meeting May 15, 1974 Page 6 The Planning Staff recommended the denial on the basis that it would be an intrusion into an established residential area. Mrs. Carrie L. Kersh, applicant, spoke in opposition to the recom- mendation of the Planning Commission, stating she had owned her properties prior to being annexed into the City; had deeded a considerable amount of land to the City; paid for various utilities and street construction. She explained that she had been forced to move her home from this property because of the noise coming from the Circle "K" which was permitted on the adjacent lot. She explained that she had not been able to rent the property for this reason, was paying taxes on it, and could not understand why it is being denied. Motion by Acuff, seconded by Stark and passed, that the hearing be closed. Motion by Acuff, seconded by Tom Gonzales and passed, with Stark and Luby voting "Nay", that Application #474-10, Mrs. Carrie L. Kersh, for change of zoning from "R -1B" One -family Dwelling District to "B-1" Neighborhood Business District on Lots 3N thru 6N, Ava Cooper Subdivision, be denied. ORDINANCE NO. 12059 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, PASSED AND APPROVED ON THE 29TH DAY OF MARCH, 1961, BY AMENDING ARTICLE 31, NEWLY ANNEXED TERRITORY, BY AMENDING SECTION 31-5 BY ADDING THERETO TWO NEW SUBSECTIONS, TO BE NUMBERED 31-5.09 AND 31-5.10, SETTING FORTH ZONING CLASSIFICATIONS ON TWO DESCRIBED TRACTS OF LAND WHEN ANNEXED TO THE CITY OF CORPUS CHRISTI, SAID TRACTS BEING OUT OF SECTION 5, FLOUR BLUFF & ENCINAL FARM & GARDEN TRACTS, MORE PARTICULARLY DESCRIBED HEREINAFTER; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR PUBLICATION; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Luby, Acuff, Branch, Thomas Gonzales, Lozano and Stark, present and voting "Aye"; Ricardo Gonzalez absent. ORDINANCE NO. 12060 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 SOUTH CENTRAL OIL COMPANY BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON LOTS 1 AND 2, BLOCK 3, LEXINGTON ESTATES, SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "B-1" NEIGHBORHOOD BUSINESS DISTRICT AND A SPECIAL PERMIT TO "B-3" BUSINESS DISTRICT; KEEPING IN EFFECT ALL OTHER PROVISIONS OF THE EXISTING ORDINANCE AS AMENDED; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND DECLARING AN EMERGENCY. • Minutes Special Council Meeting May 15, 1974 Page 7 The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: ,Luby,. Branch, Thomas Gonzales, Lozano and Stark, present and voting "Aye"; Ricardo Gonzalez absent and Acuff abstaining. ORDINANCE NO. 12061 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 JOHN TURBEVILLE BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON LOT 12, BLOCK 2, LAKEVIEW ACRES, SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "R -1B" ONE FAMILY DWELLING DISTRICT TO "R-2" 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, Thomas Gonzales, Lozano and Stark, present and voting "Aye"; Ricardo Gonzalez absent. ORDINANCE NO. 12062 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 G. PHILLIP ALBRIGHT BY AMENDING THE ZONING MAP BY CHANGING THE ZONING.ON TRACT "A" FROM "R -1B" ONE FAMILY DWELLING DISTRICT TO "A-2" APARTMENT HOUSE DISTRICT, AND ON TRACT "B", FROM R -1B" ONE FAMILY DWELLING DISTRICT, "A-2" APARTMENT HOUSE DISTRICT AND "B-4" GENERAL BUSINESS DISTRICT TO "I-2" LIGHT INDUSTRIAL DISTRICT, SAID TRACTS "A" AND "B" BEING OUT OF SECTION 5, RANGE VIII, GUGENHEIM AND COHN'S FARM LOTS, 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, Thomas Gonzales, Lozano and Stark, present and voting "Aye"; Ricardo Gonzalez absent. ORDINANCE NO. 12063 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 PIER I IMPORTS BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON LOT 2, BLOCK A, MANOR TERRACE, SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "B-1" NEIGHBOR- HOOD BUSINESS DISTRICT TO "B-4" GENERAL BUSINESS DISTRICT; KEEPING IN EFFECT ALL OTHER PROVISIONS OP 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, Branch, Thomas Gonzales, Lozano and Stark, present and voting "Aye"; Acuff abstaining; Ricardo Gonzalez absent. • Minutes Special Council Meeting May 15, 1974 Page 8 There being no further business to come before the Council, motion by Acuff, seconded by Stark and passed, that the Special Meeting be adjourned at 5:30 p.m., May 15, 1974.