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
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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
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Special Council Meeting
September 4, 1974
Page 3
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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
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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.
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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.