Loading...
HomeMy WebLinkAboutMinutes City Council - 09/04/1974 - SpecialMINUTES CITY OF CORPUS CHRISTI, TEXAS SPECIAL COUNCIL MEETING September 4, 1974 3:50 P. M. PRESENT: Mayor Jason Luby Mayor Pro Tem James T. Acuff Commissioners: Thomas V. Gonzales Ricardo Gonzalez Gabe Lozano, Sr. J. Howard Stark City Manager R. Marvin Townsend Assistant City Attorney Bob Coffin City Secretary Bill G. Read Mayor 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 a quorum of the Council was present. City Manager Townsend presented Application #174-2, First Calvary Baptist Church, for change of zoning from "R -1B" One -family Dwelling District to "B-1" Neighborhood Business District on Lot 24, Block C, Dunbar Addition, located on the northwest corner of Sabinas and Easley Streets. The application was heard by the Planning Commission January 8, 1974 and forwarded to the Council with the recommendation that the request be denied, but in lieu thereof a special permit be approved for a parking lot according to the site plan approved by the Commission July 76, 1974. The staff concurred in this recommendation. No one appeared in opposition to the recommendation of the Planning Commission. Motion by Lozano, seconded by Gonzales and passed, that the hearing be closed. Motion by Tom Gonzales, seconded by Lozano and passed, that the recommenda- tion of the Planning Commission be concurred in and Application #174-2, First Calvary Baptist Church, for change of zoning from "R -1B" One -family Dwelling District to "B-1" Neighborhood Business District on Lot 24, Block C, Dunbar Addition, be denied but in lieu thereof a special permit be approved for a parking lot according to the site plan approved by the Commission July 16, 1974, and an ordinance be brought forward effectuating the special permit. City Manager Townsend presented Application #774-8, Ricardo V. Cruz, for change of zoning from "R -1B" One -family Dwelling District to "B-1" Neighborhood Business District on Lot 42, Block 5, Casa Blanca Addition, located on the southeast corner of Nogales Street and Eisenhower Street. The request was heard by the Planning Commission July 16, 1974, and forwarded to the Council with the recommendation • Minutes Special Council Meeting September 4, 1974 Page 2 that it be approved. The staff's opinion was that the "B-1" zoning would constitute spot zoning and would be detrimental to the adjacent residential uses; also that the lot is small and it is doubtful that off-street parking and setback requirements could be met, and recommended denial. Mr. Townsend reported that five letters had been received after the Commission hearing in favor of the request and none in opposition. Mr. Ricardo V. Cruz, applicant, explained that he proposes to build a "walk-in cooler" at the rear of the existing store with a small storage room for miscellaneous equipment. He stated the building would be detached from the grocery store; that he and his family has owned and operated the grocery store since 1957; that he is aware it is non -conforming use; and that a building permit could not be obtained without the change of zoning. He explained that there is enough space for parking 15 cars; that 95 percent of his business would be from the immediate vicinity, and that he has a close relationship with the people living in the area. He presented a petition which he stated had been presented to the Commission containing approxi- mately 29 signatures of residents who were in favor of the request. No one appeared in opposition to the foregoing application. Motion by Acuff, seconded by Ricardo Gonzalez and passed, that the hearing be closed. Motion by Acuff, seconded by Ricardo Gonzalez and passed, that Application #774-8, Ricardo V. Cruz, for change of zoning from "R -1B" One -family Dwelling District to "B-1" Neighborhood Business District on Lot 42, Block 5, Casa Blanca Addition, be denied, but in lieu thereof a special permit be granted recognizing the proposed building as an accessory to the principal use of the existing building, and that an ordinance be brought forward effectuating the special permit subject to anapproved site plan. City Manager Townsend presented Application #774-10E, Tejas Trailers, Inc., for an Exception to the Screening Fence Requirement, on Tract One, Eleanor Tract, located on the south side of Leopard Street at its intersection with Hunter Road. The request was heard by the Planning Commission July 16, 1974, and forwarded to the Council with the recommendation that it be approved on the basis that there is a substantial fence presently existing along three sides of the property which should give some screening to the adjacent "F -R" zoning and this applicant should not be required to construct another fence or be burdened with a trust fund at this time. The Planning Staff's opinion was that this exception is not justified mainly because °Minutes Special Council Meeting September 4, 1974 Page 3 • there is no way of knowing what uses will be established on the surrounding property that is presently zoned farm -rural. A representative of Tejas Trailers, Inc. spoke in favor of the request, stating the existing cyclone fence had been in place for 19 years, is set in concrete, completely surrounds the property on three sides, is in good condition, and they feel the standard screening fence is not necessary to screen vacant land. No one appeared in opposition to the foregoing application. Motion by Acuff, seconded by Lozano and passed, that the hearing be closed. Motion by Acuff, seconded by Ricardo Gonzalez and passed, that the recom- mendation of the Planning Commission be concurred in and Application #774-10E, Tejas Trailers, Inc., for an Exception to the Screening Fence Requirement be waived on Tract One, Eleanor Tract, as requested, and an ordinance be brought forward effectuating the exception. City Manager Townsend presented Application #774-11, Jewel Homes, Inc., for change of zoning from "R -1B" One -family Dwelling District to "B-1" Neighborhood Business District on Tract A, being 1.02 acres out of Lot 8, Section 4, and from "I-2" Light Industrial District on Tract B, being 3.03 acres out of Lot 8, Section 4, all in Bohemian Colony Lands, located on the north side of South Padre Island Drive between Greenwood Drive and Crosstown Expressway. The request was heard by the Planning Commission July 16, 1974, and forwarded to the Council with the recommendation that it be denied on the basis that there are no immediate plans for development and no indication of what type buffer use would be placed on Tract A adjacent to the residential subdivision. It was the staff's opinion that the requested zoning on both tracts be approved as a logical extension of existing zoning in the area. Mr. Townsend stated that one letter had been received since the Commission hearing in favor of the request, and a written statement had been received from Mr. Huey Dorn, president of Greenwood Park Civic League, officially withdrawing the opposition that had been voiced before the Planning Commission. The statement indicated that the opposition had been made aware that there will be provided a 100 foot wide buffer zone and the applicant is willing to construct a fence between the residential subdivision located north of the property in question and with this understanding, they are not now opposed. Mr. John Thomason, realtor, spoke on behalf of the application, stating he felt the proposed change would be a logical extension of the business zoning on both sides of the subject property. He stated there had perhaps been some confusion.at • Minutes Special Council Meeting September 4, 1974 Page 4 Commission hearing as to the identity of the area in question. Mr. Gene Urban, spoke on behalf of the application, stating he felt this request was a "text book" example of good zoning and there is no other logical use of the property. No one appeared in opposition to the foregoing application. Motion by Acuff, seconded by Tom Gonzales and passed, that the hearing be closed. Motion by Acuff, seconded by Stark and passed, that the recommendation of the Planning Staff be concurred in and Application #774-11, Jewel Homes, Inc., for change of zoning from "R -1B" One -family Dwelling District to "B-1" Neighborhood Business District on Tract A, being 1.02 acres out of Lot 8, Section 4; and from "I-2" Light Industrial District on Tract B, being 3.03 acres out of Lot 8, Section 4, both tracts in Bohemian Colony Lands, be approved, and an ordinance be brought forward effectuating the change. City Manager Townsend presented Application #774-13E, William P. Tipton and Harvey Johnson, for an Exception to the Screening Fence Requirement on the north 33.33 feet of Lot 8, and all of Lots 9 & 10, Roper Subdivision; located on the east side of Everhart Road between Williams and Curtis Clark Drives. The request was heard by the Planning Commission July 16, 1974, and forwarded to the Council with the recom- mendation that it be approved along the northeast and southwest sides but that it be denied along the rear property line. It was the Staff's opinion that there is justifi- cation for variance of the fence requirement along the southwest and northeast sides, but that it should not be approved along the rear property line. Mr. Townsend reported that five letters had been received since the Commission hearing in favor and two in opposition. He stated it appeared that the opposition did not fully understand the application and probably was intended to be statements in favor. No one appeared in opposition to the foregoing application. Motion by Lozano, seconded by Stark 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 Application #774-13E, William P. Tipton and Harvey Johnson, for an Exception to the Screening Fence Requirement on the north 33.33 feet of Lot 8, and all of Lots 9 & 10, Roper Subdivision, be approved along the northeast and southwest sides but that it be denied along the rear property line, and an ordinance be brought forward effectuating this action. • Minutes Special Council Meeting September 4, 1974 Page 5 Motion by Acuff, seconded by Lozano and passed, that an application be initiated by the City to change the zoning to "AB" on properties fronting along the east side of Everhart Road from Williams Drive south to Curtis Clark Drive. ORDINANCE NO. 12253 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 FIRST CALVARY BAPTIST CHURCH, BY GRANTING A SPECIAL COUNCIL PERMIT FORA PARKING LOT, SUBJECT TO THE CONDITIONS HEREINAFTER SET FORTH, ON LOT 24, BLOCK C, DUNBAR ADDITION, 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, Thomas Gonzales, Ricardo Gonzalez, Lozano and Stark, present and voting "Aye"; Branch absent. ORDINANCE NO. 12254 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 SBQ, OF THE ORDINANCE AND RESOLUTION RECORDS, AS AMENDED FROM TIME TO TIME AND PARTICU- LARLY AS AMENDED BY ORDINANCE NO. 6106, AS AMENDED, UPON APPLICATION OF TEJAS TRAILERS, INC., FOR AN EXCEPTION TO THE STANDARD SCREENING FENCE REQUIREMENT ON TRACT ONE ELEANOR TRACT, LOCATED ON THE SOUTH SIDE OF LEOPARD STREET AT ITS INTERSECTION WITH HUNTER ROAD, 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, Thomas Gonzales, Ricardo Gonzalez, Lozano and Stark, present and voting "Aye"; Branch absent. ORDINANCE NO. 12255 AMENDING THE ZONING ORDINANCE OF THE CITY OF CORPUS CHRISTI ADOPTED ON THE 27TH DAY OF AUGUST, 1937, APPEARING OF RECORD IN VOLUME 3, PAGES 565, ET SEG, OF THE ORDINANCE AND RESOLUTION RECORDS, AS AMENDED PROM TIME TO TIME AND PARTICULARLY AS AMENDED BY ORDINANCE NO. 6106, AS AMENDED, UPON APPLICATION OF JEWEL HOMES, INC., BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON TRACT "A" AND ON TRACT"B", MORE PARTICULARLY DESCRIBED HEREINAFTER, SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "R-113" ONE FAMILY DWELLING DISTRICT TO "B-1" NEIGHBORHOOD BUSINESS DISTRICT AS TO TRACT "A", AND FROM "R-18" ONE FAMILY DWELLING DISTRICT TO "I-2" LIGHT INDUSTRIAL DISTRICT AS TO TRACT "B"; 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, Thomas Gonzales, Ricardo Gonzalez, Lozano and Stark, present and voting "Aye"; Branch absent. There being no further business to come before the Council, motion by Acuff, seconded by Ricardo Gonzalez and passed, that the Special Meeting be adjourned at 4:45 p.m., September 4, 1974.