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HomeMy WebLinkAboutMinutes City Council - 10/09/1974 - Special40 MINUTES CITY OF CORPUS CHRISTI, TEXAS SPECIAL COUNCIL MEETING October 9, 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 City Attorney James R. Riggs Assistant City Attorney Hal George 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 was present to conduct a valid meeting. City Manager Townsend presented Application #974-1, John F. Nicholson, for change of zoning from "R -1B" One -family Dwelling District to "I-2" Light Industrial District on Lot 1, Yorkwald Acres, fronting west on Waldron Road 640' north of Yorktown Boulevard. The request was heard by the Planning Commission September 10, 1974 and forwarded to the Council with the recommendation that it be denied but in lieu thereof "B-4" Business District be approved on that portion fronting along Waldron Road for a depth of 175 feet and that the remaining portion of the tract remain "R -1B" One -family Dwelling District. The Staff recommended denial due to its close proximity to Waldron Field and lies within the area proposed for "F -R" Farm - Rural zoning; also would set a precedent for industrial zoning in a single-family and predominantly vacant area; and if "B-4" zoning is considered, suggested that "B-3" be recommended since residential uses would not be permitted in the "B-3" district. Mr. Townsend reported that two letters had been received in favor and one in opposition since the Commission hearing. Mr. John F. Nicholson, applicant, stated the reason he had requested "I-2" was because he proposed to establish an animal feed and grain store on the north- west corner of the property fronting along Waldron Road and due to vandalism it might be necessary to hire a caretaker to live on the premises to protect the property. He stated he would like for the Council to consider the request for "I-2" on the entire tract as he planned to open a horse stable to accommodate some 6 or 7 horses which would not be permitted under the "B-4" zoning. He pointed out that this is an isolated area with only two homes within 3/4ths mile, and that only two persons out of nine affected, had expressed dissatisfaction to the "I-2". He told 11111 111/1 Minutes Special Council Meeting October 9, 1974 Page 2 the Council that he preferred "I-2" but would accept "B-3" on the front one-half and his caretaker's quarters would be placed on the area facing Waldron Road. No one appeared in opposition to the foregoing request. Motion by Branch, seconded by Lozano and passed, that the hearing be closed. Motion by Branch, seconded by Acuff and passed, that Application #974-1, John F. Nicholson, for change of zoning from "R -1B" One -family Dwelling District to "I-2" Light Industrial District on Lot 1, Yorkwald Acres, fronting west on Waldron Road 640' north of Yorktown Boulevard, be approved as requested, and an ordinance be brought forward effectuating the change. City Manager Townsend presented Application #774-4, Rufus Tucker, for change of zoning from "B-5" Primary Business District to "I-3" Heavy Industrial District on Forest Park Addition 1, Block 15, located at 2910 Leopard Street between Antelope and Leopard Street west of Palm Drive. The application was heard by the Planning Commission July 2, 1974, and forwarded to the Council with the recommendation that it be denied but in lieu thereof a Special Council Permit be granted to operate a wholesale retail poultry processing plant according to a site plan approved by the Commission September 10, 1974, It was the staff's opinion that this request should be denied because this location is near a residential area and the present "B-5" zoning is a good transition from the existing industrial zoning to the resi- dential zoning. Mr. Townsend reported that since the Commission hearing, three letters had been received in favor and one in opposition. Attorney John Waller spoke on behalf of the applicant and pointed out that at the Commission hearing there was only one person who spoke in opposition; that one other owner of property had expressed opposition but when shown the elaborate plans, he no longer objected. He explained that the plans carry the stamp of approval of the Department of Agriculture and as many as four USDA employees will be on the premises at all times to see that government requirements are complied with; that trucks will be loaded and unloaded inside the building; will be an elaborate and modern system of processing and disposing of refuse; will be financed by a $300,000 SBA loan; and will employ 90 persons which will be eventually increased to 200. Mr. Rufus Tucker, applicant, explained that he had leased the Biel Building but was not associated with the Biel Enterprises. He described in detail the waste • Minutes Special Council Meeting October 9, 1974 Page 3 disposal process stating there would be no odors or unnecessary debris. He stated the recommendation of the Planning Commission would be acceptable. He presented a brochure of a plant similar to the proposed plant for the Council's review. Mr. John Thomason, of Thomason's Realty Company, 2524 Leopard Street, spoke in opposition to the request stating his business was located approximately three blocks from the Biel Building and felt this type business would be detrimental to his and other residents and businesses in this area, should be located in an area already zoned for industrial uses, and there are better uses for this particular building. He explained that the building is a problem structure and has remained vacant for the past three years. Mrs. Lorraine Devers, spoke on behalf of the Sage Apartments stating the proposed processing plant would be detrimental to the apartments since it is located practically in the front door of the apartments, that there would doubtless be obnoxious odors and debris, and on behalf of the owners, she was definitely opposed to it. Mr. A. C. Brown,"1908 Leopard Street, owner of property in the vicinity, stated he was not opposed to a poultry processing and retail system but felt it should be in another location. Mr. Jerry Higgins, representing the Firestone Tire & Rubber Company located at 2802 Leopard immediately adjacent to the Biel Building, spoke in opposition on the basis that his company bad invested a tremendous amount of time and money in their business, much of the success or failure depends on the healthy environment, and heavy industry such as the one proposed, is not conducive to a good environment. He also complained that the Firestone Tire & Rubber Company owner did not receive notice of the Planning Commission hearing and only received notice of this hearing this morning. Mr. McFarland stated he represented Mr. Lee, owner of the Drive-in located at 3022 Leopard, and they feel this operation would have an adverse effect on their business. Mr. Sam Main, 922 Carmel Parkway, owner of property in the vicinity of the proposed request, spoke in opposition statingthis building was not constructed for this type business, felt it was a makeshift installation, and in no way could be anything but harmful to his and other business property in this area. Mr. Waller spoke in rebuttal, stating this plant is self-contained and meets standards of USDA in every way and there will be no obnoxious odors. He suggested • Minutes Special Council Meeting October 9, 1974 Page 4 that the Council defer action on this request and the USDA be contacted for their comments. He pointed out that this area had suffered for lack of development and anything in the way of improvements should be encouraged. Motion by Acuff, seconded by Lozano and passed, that the hearing be closed. Motion by Branch, seconded by Tom Gonzalez, with Stark, Luby and Lozano voting "Nay", that the recommendation of the Planning Commission be concurred in and the request be denied, but in lieu thereof a Special Permit be granted to operate a wholesale -retail poultry processing plant, according to the site plan approved by the Commission. City Manager Townsend noted that the motion had passed by majority vote and the ordinance would be brought forward but would require six votes to pass since the 20 percent rule is in effect. City Manager Townsend presented Application #974-2, James L. Nichols, Jr. for change of zoning from "R -1B" One -family Dwelling District and a Special Permit to,"B-1" Neighborhood Business District on Lot 3, Jerry Place, located on the south side of Gollihar Road 140' west of Evelyn Street. The application was heard by the Planning Commission September 10, 1974 and referred to the Council with the recom- mendation that it be approved as a logical extension of the "B-1" zoning adjacent to the east. The Planning Staff recommended denial due to its location near a church and surrounded by residences. However the Staff indicated it would be in favor of a special permit to allow the proposed improvements. Mr. James L. Nichols, applicant, explained that he purchased this carwash operation in April of this year and needed to repair the equipment and the building to provide additional improvements but was advised that this would not be permissible under the special permit which was the reason for the request for "B-1" zoning. He explained that he plans to continue to operate the carwash if he is allowed to modernize the equipment and possibly add a store room and a carport. No one appeared in opposition to the foregoing request. Motion by Stark, seconded by Acuff and passed, that the hearing be closed. Motion by Stark, seconded by Ricardo Gonzalez and passed, that the recommenda- tion of the Planning Commission be concurred in and Application #974-2, James L. Nichols, Jr., for change of zoning from "R -1B" One -family Dwelling District and a Special Permit to "B-1" Neighborhood Business District on Lot 3, Jerry Place, be approved and an ordinance be brought forward effectuating the change. • Minutes Special Council Meeting October 9, 1974 Page .5 City Manager Townsend presented Application #974-3, Mrs. Isabel Goodstein and M.. Harvey Weil, for change of zoning from "F -R" Farm -Rural District to "I-2" Light Industrial District, on 76 acres, more or less, out of Parcel D of the Third Partition of the Weil Lands, located between Hopkins Road and Leopard Street, west of Corn Products Road. The request was heard by the Planning Commission September 10, 1974 and forwarded to the Council with the recommendation that it be approved as requested and the Planning Staff concurred in this recommendation. Mr. Townsend reported that four letters had been received since the Commission hearing in favor and none in opposition. No one appeared in opposition to the recommendation of the Planning Commission. Motion by Acuff, seconded by Branch and passed, that the hearing be closed. Motion by -Branch, seconded by Acuff and passed, that the recommendation of the Planning Commission be concurred in and Application #974-3, Mrs. Isabel Goodstein and M. Harvey Weil, for change of zoning from "F -R" Farm -Rural District to "I-2" Light Industrial District on 76 acres, more dr less, out of Parcel D of the Third Partition of the Weil Lands, be approved as requested, and an ordinance be Drought forward effectuating the change. City Manager Townsend presented Application #974-4, James V. Rossi, for change of zoning from "R -1B" One -family Dwelling District to "B-4" General Business District on Tract B, being approximately 12 acres in Tract A and approximately 3 acres in Tract "8", both tracts being out of Lots 17, 18 & 19, Section 13, Flour Bluff & Encinal Farm & Garden Tracts, located 160' south of Williams Drive fronting west on South Staples Street. The request was heard by the Planning Commission September 10, 1974 and forwarded to the Council with the recommendation that "B-4" be approved on Tract A for a depth of 660 feet and that the remaining portion of this tract be approved for "R-2" Multiple Dwelling District and "R-2" be approved on Tract B as requested, both areas being portions of Lots 17, 18 & 19, Section 13, Flour Bluff & Encinal Farm & Garden Tracts. The Planning Staff recommended that "B-4" be extended on Tract "A" from South Staples for a depth of 660' and the remaining portion as well as all of Tract B, be "R-2" as requested. Architect Bill Stalter appeared on behalf of the applicant and described the proposed development. He stated that "B-4" will provide flexibility which is needed with current economic conditions and would be opposed to reducing the zoning to "B-3" because of the uncertainty of market conditions. He pointed out that there had been no objections from the surrounding property owners, and they feel this is 4 appropriate zoning for this area. • Minutes Special Council Meeting October 9, 1974 Page 6 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 Branch and passed, that the recommendation of the Planning Commission be concurred in and Application #974-4, James V. Rossi, for change of zoning from "R -1B" One -family Dwelling District to "B-4" General Business District on Tract A and "R-2" Multiple Dwelling District on Tract B, being approxi- mately 12 acres in Tract A and approximately 3 acres in Tract "B", both tracts being out of Lots 17, 18 & 19, Section 13, Flour Bluff & Encinal Farm & Garden Tracts, be approved as follows: That "B-4" be approved on Tract A for a depth of 660 feet and the remaining portion of this tract be approved for "R-2" Multiple Dwelling District, and "R-2" be approved on Tract B as requested, and an ordinance be brought forward effectuating the change. Relative to the application of Mr. John F. Nicholson on which "I-2" Light Industrial District was granted on Lot 1, Yorkwald Acres, Mayor Pro Tem Acuff raised the question as to whether or not some arrangement could be made to waive the standard screening fence requirement. City Manager Townsend explained that this would require a new application and the applicant could submit the application without charge for an exception to the fence requirement. Mr. Acuff requested that Mr. Wenger be authorized to contact the applicant and make this suggestion. Commissioner Ricardo Gonzalez suggested that the ordinance granting a special permit to operate a wholesale -retail poultry processing plant on Forest Park Addition 1, Block 15, on application of Mr. Rufus Tucker, be deferred for a closer look and investigation of similar modern plants to determine if the objections are valid. He stated modern methods of processing could change the opinion: of the Council. Motion by Acuff, seconded by Tom Gonzales and passed, Luby voting "Nay", that the ordinance granting a special permit on the foregoing matter be tabled pending further investigation of the processing methods. ORDINANCE NO. 12311 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 F. NICHOLSON BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON LOT 1, YORRWALD ACRES, SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "R -1B" ONE -FAMILY DWELLING DISTRICT TO "I-2" LIGHT INDUSTRIAL DISTRICT; KEEPING IN EFFECT ALL OTHER PROVISIONS OF THE EXISTING ORDINANCE AS AMENDED; REPEALING ALL ORDINANCES INCONFLICT HEREWITH; AND DECLARING AN EMERGENCY, • • Minutes Special Council Meeting October 9, 1974 Page 7 The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Luby, Acuff, Branch, Thomas Gonzales, Ricardo Gonzalez, Lozano and Stark, present and voting "Aye". ORDINANCE NO. 12312 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 L. NICHOLS, JR., by amending the zoning mapby changing the zoning on lot 3, JERRY PLACE, SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "R -IB" ONE -FAMILY DWELLING DISTRICT & A SPECIAL PERMIT TO "B-1" 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, Ricardo Gonzalez, Lozano and Stark, present and voting "Aye". ORDINANCE NO. 12313 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. ISABEL G00DSTEIN AND M. HARVEY WEIL BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON A PORTION OF PARCEL "C" AND "D" OUT OF THE THIRD PARTITION OF THE WEIL LANDS, MORE FULLY DESCRIBED HEREINAFTER, SITUATED IM THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "F -R" FARM -RURAL DISTRICT TO "I-2" LIGHT INDUSTRIAL 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, Ricardo Gonzalez, Lozano and Stark, present and voting "Aye". ORDINANCE NO. 12314 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 V. ROSSI BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON A PORTION OF LOT 17, SECTION 13, FLOUR BLUFF & ENCINAL FARM & GARDEN TRACTS, FROM "R -1B" ONE -FAMILY DWELLING DISTRICT TO "B-4" GENERAL BUSINESS DISTRICT AND CHANGING THE ZONING OF A PORTION OF LOTS 18 AND 19, SECTION 13, FLOUR BLUFF & ENCINAL FARM & GARDEN TRACTS, FROM "R -1B" ONE - FAMILY DWELLING DISTRICT TO "R-2" MULTIPLE DWELLING 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, Ricardo Gonzalez, Lozano and Stark, present and voting "Aye". City Attorney Riggs stated that a special closed meeting would be held following this meeting as permitted by Article 6252-17, Section 2(e), as amended, Minutes Special Council Meeting October 9, 1974 Page 8 for consideration of a pending litigation matter. 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 5:30 p.m., October 9, 1974.