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HomeMy WebLinkAboutMinutes City Council - 09/18/1974 - SpecialIP w MINUTES CITY OF CORPUS CHRISTI, TEXAS SPECIAL COUNCIL MEETING September 18, 1974 4:00 P.M. PRESENT: 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 City Attorney James R. Riggs City Secretary Bill G. Read Mayor Pro Tem James T. Acuff 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 to conduct a valid meeting. City Manager Townsend presented Application #874-2, Mrs. Teresa G. Pena, for change of zoning from "R -1B" One -family Dwelling District to "B-1" Neighborhood Business District on Lot 1, Block 5, Carver Addition #2, located on the southwest cornerof Soledad Street and Greenwood Drive. The request was heard by the Planning Commission on August 13, 1974, and forwarded to the Council with the recommendation that it be approved on the basis that this convenience service is needed in the area. The Planning Staff's opinion was that approval would constitute an intrusion of business into an established residential area and would be detrimental to the adjacent uses, and therefore recommended denial. Mr. Jim Reyes appeared on behalf of the applicant and stated that a small washateria and cleaners is proposed for the convenience of the neighborhood which he stated is needed. He stated plans had been presented to the Planning Commission which have been approved. Mr. Reyes was questioned as to whether or not his client would accept a special permit instead of the requested "B-1" zoning because of the objectionable uses that could be included in the zoning change. Mr. Reyes stated he felt his client would be agreeable to a special permit. No one appeared in opposition to the foregoing request. Motion by Lozano, seconded by Ricardo Gonzalez and passed, that the hearing be closed. Motion by Lozano, seconded by Ricardo Gonzalez and passed, that Application #874-2, Mrs. Teresa G. Pena, for change of zoning from "R -1B" One -family Dwelling District to "B-1" Neighborhood Business District, on Lot 1, Block 5, Carver Addition #2, be denied but in lieu thereof, a Special Council Permit be granted for the proposed drycleaning and washateria •nutes Special Council Meeting September 18, 1974 Page 2 according to an approved site plan, and an ordinance be brought forward effectuating the Special Permit. City Manager Townsend presented Application #874-3, Mr. Reyes Castillo, for change of zoning from "R -1B" One -family Dwelling District to "B-4" General Business District on the northwest one-half of the north 40 feet of Lot 6, Block 27, Meadow Park Addition, located 150 feet south of Baldwin Boulevard and west of Virginia Avenue. The application was heard by the Planning Commission August 13, 1974, and forwarded to the Council with the recommendation that it be approved. The Planning Staff concurred in this recommendation. No one appeared in opposition to the recommendation of the Planning Commission. Motion by Lozano, seconded by Branch and passed, that the hearing be closed. Motion by Lozano, seconded by Ricardo Gonzalez and passed, that the recommendation of the Planning Commission be concurred in and Application #874-3, Mr. Reyes Castillo, for change of zoning from "R -1B" One -family Dwelling District to "B-4" General Business District on the northwest one-half of the north 40 feet of Lot 6, Block 27, Meadow Park Addition, be approved as requested, and an ordinance be brought forward effectuating the change. City Manager Townsend presented Application #874-4, Mr, E. Michael Harding, for change of zoning from "1-2" Light Industrial District to "B-4" General Business District on a 19.566 -acre tract of land out of the W. B. and Atlee McCampbell Lands and being a part of Section 8, Range VII, of the H. L. Kinney Sectionized Lands of Villereal Grant, located between Leopard Street and IH 37 and east of Corn Products Road. The application was heard by the Planning Commission August 13, 1974, and forwarded to the Council with the recommendation that it be approved as a logical use of the land. The Staff concurred in this recommendation. No one appeared in opposition to the recommendation of the Planning Commission. Motion by Lozano, seconded by Ricardo Gonzalez and passed, that the hearing be closed. Motion by Lozano, seconded by Branch and passed, that Application #874-4, Mr. E. Michael Harding, for change of zoning from "1-2" Light Industrial District to "B-4" General Business District on a 19.577 -acre tract of land out of the W. B. and Atlee McCampbell Lands and being a part of Section 8, Range VII, of the H. L. Kinney Sectionized Lands of Villereal Grant, be approved, and an ordinance be brought forward effectuating the change. City Manager Townsend presented the proposed Text Amentment to the Zoning Ordinance No. 6106 to create a new Article entitled "Historical -Cultural Landmark Preservation. •nutes Special Council Meeting September 18, 1974 Page 3 The proposed amendment is as follows: Amending the Zoning Ordinance No. 6106, as amended, by adding a new article entitled "Historical-Cultural Landmark Preservation"; providing a definition of the term "Historical-Cultural Landmark"; providing a declaration of policy; providing for the designation of historical-cultural landmarks by the City Council; providing criteria to be used in determining its designation; providing for creation of a land- mark commission and providing functions for said commission; providing for action by the Planning Commission; providing for the filing of historical-cultural landmark designation with taxing authorities; providing for the regulation of work of the exterior of historical cultural landmarks; providing regulations and procedures for the demolition or removal of historical-cultural landmarks; providing that historical- cultural landmark designation shall not affect present uses; providing o penalty; providing a severability clause; suspending the rule requiring that ordinances be read on three separate days; and declaring an emergency. Mr. Townsend stated it was the recommendation of the Planning Commission that the proposed ordinance be approved with the following modifications: (1) Page 6, Paragraph (b), Lines 2 and 3: Redundant Statement - Comprehensive Plan and Master Plan are one and the same. (2) Page 11, Paragraph (c), Line 5: Clarification is needed on the following "...request as to so much of such building or structure..." (3) That the membership of the Commission be increased to fifteen (15) members which would amend Section 5 (a) and (c) accordingly; and that Section 5(d) be amended to read that a quorum shall consist of nine (9) members with an affir- mative vote of not less than five (5) members of the quorum. Mr. Townsend stated that the general concept of the proposed amendment is recom- mended by the staff but the responsibility of handling the landmark preservation tasks had been an issue involving the Municipal Arts Commission. He explained that the Planning Staff is not opposed to the general concept but has reservations as to the process of implementation. He expressed concern whether there should be a new commission of 15 members since there could be insufficient work after a time to keep that many members active. Dr. Richard Marcum, professor at Texas A 8, I University of Corpus Christi and president of the Nueces County Historical Society, spoke generally in favor of the proposed amendment, stating the growth of the City is threatening important historical landmarks in the City. Dr. Marcum gave background information as to how the proposal was initiated, stating the Nueces County Historical Survey Committee had led the drive for creation of the commission, and other groups and individuals interested in history gave strong support. He explained that the work would involve lengthy research and a commission of dedicated history lovers was needed. He explained that the proposed ordinance was initiated from a number of factors. The history lovers of the City became aware that several historical landmarks had already been destroyed and that something should be utes tial Council Meeting eptember 18, 1974 Page 4 done to preserve these historical structures in recognition that there is a real threat to our historical and cultural heritage posed by the process of industrialization and growth. He also pointed out the approaching celebration of the Nation's 200th anniversary which increased the awareness of these groups that our historical and cultural heritage should be preserved. He stated the commis- sion would be charged with the responsibility of accomplishing this task which would require a high degree of expertise in research and documentation, most of which will be done locally, but some in other parts of the State, and possibly some in Spain or Mexico. He stated he felt the Staff's proposal to combine this effort with the functions of the Municipal Arts Commission would compli- cate the task because of other demands and functions imposed on this body, and it is the position of the Nueces County Historical Committee and supported by the Nueces County Historical Society and many individuals that such an ordinance as proposed here is highly desirable and proper, but feel a separate commission should be established. Dr. Marcum was questioned as to whether or not he anticipated this committee would need City funds. He stated the passage of the ordinance does not in any way obligate the City for expenditure of funds, but does provide some staff assistance through Community Enrichment, e Corpus Christi Museum and the Municipal Arts Commission. City Attorney Riggs, explained that the ordinance does not provide for City financial participation other than staff support, but that the commission could seek voluntary contributions and grant money available through agencies such as the Texas Parks and Wildlife Department and others of which the City has a complete list. Dr. Marcum was asked if he would be willing to serve as chairman of this commission. He stated that within the limits of his ability, he plans to support the effort in every way possible, but feels there are others who believe in the endeavor so completely that leadership would be no problem. Mr. Dean Flynn, Carmel Parkway, stated there should be stronger restrictions written into the ordinance including an outright ban on tearing down a designated landmark. The ordi- nance provides that demolition cannot be stopped but can be delayed for up to 180 days during which time efforts can be made to preserve the landmark. Mr. Flynn stated he agreed that a 15 - member commission would be an unwieldy number for the commission and that nine would be satisfactory. He made various other suggestions for modification of the ordinance generally in the areas of demolition regulations, application fees, and length of time allowed for delay for utes ial Council Meeting eptember 18, 1974 Page 5 • demolition. City Attorney Riggs stated the historical preservation ordinances are in an untested legal area and delay is the most that can be safely done under the law in this state, but the basic question in still unresolved as to the City's power to regulate control in this area. He stated he would not recommend the changes posed by Mr. Flynn. The rational of the ordinance is to delay the action by the property owner for a reasonable length of time. Mayor Pro Tem Acuff asked those in the audience to indicate their disapproval or approval of the proposed text amendment by standing. Some 30 persons indicated their approval in this manner. Motion by Branch, seconded by Stark and passed, that the hearing be closed. Motion by Branch, seconded by Ricardo Gonzalez and passed, that the general concept of the proposed Text Amendment to the Zoning Ordinance to add a new article entitled "Historical - Cultural Landmark Preservation," be approved as recommended by the Planning Commission, and an ordinance be brought forth on emergency basis after minor modifications have been worked out. Mrs. Herminia Chavana, 3322 Casa Bonita, requested that the name of South Padre Island Drive be changed to "Padre Nicolas Balli Drive." She explained that she is a descendant of Padre Jose Nicolas Balli who landed 200 years ago on what is now Padre Island and built a mission there; that he owned the island and it was named for him. She also requested that a marker be erected on the island bearing his name. (Council Exhibit 18-74). Mrs. Chavana stated she was a candidate for membership on the new Historical -Cultural Landmark Preservation Commission. Mrs. Margaret Ramage, chairman of the Nueces County Historical Committee express- ed strong support for the adoption of the proposed ordinance amending the Text of the Zoning Ordinance adding a new article entitled "Historical -Cultural Landmark Preservation." There being no further business to come before the Council, motion by Branch, seconded by Ricardo Gonzalez and passed, that the meeting be adjourned at 5:30 p.m., September 18, 1974.