HomeMy WebLinkAboutMinutes City Council - 10/23/1974 - SpecialMINUTES
CITY OF CORPUS CHRISTI, TEXAS
SPECIAL COUNCIL MEETING
October 23, 1974
3:30 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
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 #974-6, Frank C. Allen,
for change of zoning from "A-2" Apartment District to "B-5" Primary Business
District on portions of Lots 1 & 2 and all of Lots 3 & 4, Bluff Addition, located
on the west side of North Tancahua Street between Comanche and Blucher Streets.
The request was heard by the Planning Commission September 24, 1974 and forwarded
to the Council with the recommendation that it be approved as requested. The
Planning Staff's opinion was that this would be a logical extension of the "B-5"
district adjacent to the east and southeast; also there is a "B-6" to the north,
and therefore, approval is recommended.
No one appeared in opposition to the recommendation of the Planning
Commission.
:iotion by Branch, seconded by Tom Gonzales and passed, that the hearing
be closed.
Motion by Ricardo Gonzalez, seconded by Tom Gonzales and passed, that
the recommendation of the Planning Commission be concurred in and Application #974-6,
Frank C. Allen, for change of zoning from "A-2" Apartment District to "B-5" Primary
Business DiC:rict on portions of Lots 1 & 2 and all'of Lots 3 & 4, Block 15, Bluff
Addition, located on the west side of North Tancahua Street between Comanche and
Blucher Streets, be approved as requested, and an ordinance be brought forward
effectuating the change.
City Manager Townsend presented Application #974-7, Bernie Bray, for
change of zoning from "AB" Professional Office District to "B-1" Neighborhood
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Special Council Meeting
October 23, 1974
Page 2
Business District on the C. H. Page Addition, located on the west side of Airline
Road between Padre Island Drive and Williams Drive. This request was heard by the
Planning Commission September 24, 1974 and forwarded to the Council with the
recommendation that it be approved as requested. It was the opinion of the Planning
Staff that this is a logical extension of the "B-1" zoning adjacent to the south,
and therefore, recommended approval. Mr. Townsend stated the 20 percent rule is in
effect.
No one appeared in opposition to the recommendation of the Planning
Commission.
Motion by Branch, seconded by Lozano and passed, that the hearing be
closed.
Motion by Acuff, seconded by Ricardo Gonzalez and passed, that the
recommendation of the Planning Commission be concurred in and Application #974-7,
Bernie Bray, for change of zoning from "AB" Professional Office District to "B-1"
Neighborhood Business District on the C. H. Page Addition, located on the west side
of Airline Road between Padre Island Drive and Williams Drive, be approved as requested,
and an ordinance be brought forward effectuating the change.
City Manager Townsend presented Application 1974-8, Mrs. Rebecca Zundt,
for change of zoning from "R -1B" One -family Dwelling District to "B-1" Neighborhood
Business District on Lot 23, Block 4, John Jones Addition #1, located on the north-
west corner of Hudson Street and Prescott Street. The request was heard by the
Planning Commission September 24, 1974 and forwarded to the Council with the recom-
mendation that it be denied on the basis that it would be an intrusion into an
established residential area. The Planning Staff concurred in this recommendation.
Mrs. Rebecca Zundt, applicant, explained that she had been operating
her flower shop in one room of her home for about three months and was told by the
inspectors that she was in violation and would have to have the sign removed. She
explained that it has been her understanding that the Master Plan provides that
Prescott will be developed as a major business street and this area zoned for busi-
ness. She stated the room used for the flower shop could be made to face Prescott,
and if the business is successful, she would move it to another location.
Mr. Marcos P. Perez, 1945 Hudson Street, spoke in favor of the request,
stating that he lives across the street from the applicant's property and the operation
of the flower shop would not be objectionable.
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Special Council Meeting
October 23, 1974
Page 3
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 Ricardo Gonzalez, seconded by Acuff and passed, Luby voting
"Nay", that Application #974-8, Mrs. Rebecca Zundt, for change of zoning from "R -1B"
One -family Dwelling District to "B-1" Neighborhood Business District on Lot 23,
Block 4, John Jones Addition #1, be denied but in lieu thereof, a Special Council
Permit be granted for the operation of a one -room flower shop in her home located
at the northwest corner of Hudson and Prescott Streets, but that the applicant be
restricted to the display of a sign either from the window or the side of the
building, no external evidence of a business, no modification in construction, and
no additional off-street parking, and an ordinance be brought forward effectuating the
Special Permit subject to an approved site plan.
Commissioner Richard Gonzalez expressed concern with situations such as
the one presented by Mrs. Zundt stating he had had several calls from persons in
distress trying to find ways to support their families and he feels there should be
exceptions made. He pointed out that usually these are one family operations serving
the neighborhood with no intention of expansion.
City Manager Townsend stated that if it is the general view of the Council
that the ordinance should be broadened regarding home occupations, the Staff should
be so authorized. He stated the suggestion has merit and should have consideration.
He requested Council guidance pointing out that otherwise, the Staff has no alternative
but to enforce the provisions of the ordinance.
Commissioner Lozano stated he felt each case should be considered on its
individual merits rather than making a general provision. He agreed that more jobs
are needed and in some cases the restrictions should be waived.
City Manager Townsend presented the proposal to amend the Text of the
Zoning Ordinance generally as follows:
(1) Amend Article 4, Section 4-1 to increase the number of zoning
districts to 20 to include the "RE" Residential Estate District.
(2) Add a new Article 4B "RE" Residential Estate District to provide
for one acre residential district.
(3) Amend Article 24 to include height, area, and bulk requirements
for the "RE" Residential Estate District.
A public hearing on the proposed Text Amendments was heard by the Planning Commission
September 17, 1974, and recommendation forwarded to the Council with modifications.
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Special Council Meeting
October 23, 1974
Page 4
Chief Planner Larry Wenger reviewed the proposed amendment stating
the purpose is basically to establish a new "RE" District and setting out require-
ments and regulations for such districts; that the purpose of the "RE" district is to
allow single-family residential development of a more spacious character. He
explained that this proposal came about in the attempt to lessen density around
the Naval Air Station Area. He explained that the district would provide for those
agricultural uses which would be compatible with lower density residential environ-
ment; that the set back lines would be properly spaced from offensive uses; and that
lots of two and one-half acres can be developed without curbs and gutters. He explained
that after the Commission hearing this two and one-half acre provision was discussed
and it was their opinion that this requirement should not be waived. He pointed
out that the establishment of the "RE" district only makes it possible for an
individual to make application if he wishes his property so zoned. He explained
that the Planning Staff had made a research and found that there are areas in Texas
and Oklahoma City that have utilized this type zoning successfully.
No one appeared to speak in opposition to the foregoing proposed Text
Amendment.
The recommendation of the Planning Commission was as follows: That
the following language be added to the purpose clause: After the last word "environ-
ment" add the words "which area is subject to conditions that are normally detri-
mental to "R -1B" density" and that the words "religions and education" be deleted
from line 5.
That the following words be added to Item 1 under Use Regulations, "and
for the purpose of this article only, single-family dwellings shall include mobile
homes or mobile homes shall be considered single-family dwellings."
That the proposed amendments to Article 4, Section 4-1, and Article 24
of the Zoning Ordinance be forwarded to the Council with the recommendation that they
be approved as presented and that Article 4B "RE" Residential Estate District be
approved with the changes as noted.
It was the Planning Staff's opinion that the "R -E" District as proposed
be utilized only in those areas subject to the high noise level as a result of the
aircraft activity around and adjacent to airfields. The one -acre tract minimum lot
size tied to the high intensity noise area would be more logical since the sole
purpose is to lessen density. Therefore, it would be unlikely that the one -acre
minimum lot area in the future would be resubdivided into a lesser lot size. If this
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Special Council Meeting
October 23, 1974
Page 5
district is applied citywide, it is the Staff's opinion that in the future this
type of development will be undesirable from a living standpoint and will be most
difficult to resubdivide from one -acre tracts, similar to the problems that have
taken place over the years in the Gardendale Subdivision.
Motion by Acuff, seconded by Tom Gonzales and passed, that the hearing
be closed.
Motion by Acuff, seconded by Branch and passed, that the Text of Zoning
Ordinance No. 6106, be amended as follows, and an ordinance be brought forward
on the first of three readings:
That Article 4, GENERAL PROVISIONS, DISTRICTS AND
DISTRICT MAPS, of the Corpus Christi Zoning Ordinance be amended by amending
Section 4-1 so as to add the twentieth number under said Section 4-1, to
be designated as "RE" Residential Estate District.
That the Corpus Christi Zoning Ordinance be and the
same is hereby amended by adding a new Article, to be designated as 4B "RE"
RESIDENTIAL ESTATE DISTRICT, to hereafter read as follows:
"ARTICLE 4B "RE" RESIDENTIAL ESTATE DISTRICT
Section 46-1 Purpose The regulations set forth in this article,
or set forth elsewhere in this ordinance when referred
to in this article, are the regulations in the 'RE'
Residential -Estate District. The purpose of this district
is to provide for single-family residential development
of a spacious character together with the related recrea-
tional facilities normally required to provide an orderly,
attractive and spacious residential living environment. This
district also provides for those agricultural uses which
are compatible and in harmony with a lower density resi-
dential living environment, which area is subject to
conditions that are normally detrimental to 'R -1B' density.
Section 46-2 Use Regulations A building or premises shall be
used only for the following purposes:
(1) Single-family dwellings, and for purposes of this
article only, mobile hones shall be considered
single-family dwellings.
(2) Field and truck crops.
(3) Orchards and vineyards.
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Special Council Meeting
October 23, 1974
Page 6
(4) Greenhouses and nurseries.
(5) Storage of hay and stables for horses.
(6) Oil and Gas wells and appurtenances.
(7) Public parks, golf courses, driving ranges and
other similar public and semi-public uses.
Railroad rights-of-way, including a strip of land
with tracks and auxiliary facilities for track
operations, but not including passenger stations,
freight terminals, switching and classification
yards, repair shops, roundhouses, power houses,
interlocking towers, and fueling, sanding and water-
ing stations.
(8)
(9)
Temporary buildings, the uses of which are incidental
to construction operations or sale of lots during
development being conducted on the same or adjoining
tract or subdivision and which shall be removed upon
completion or abandonment of such construction, or
upon the expiration of a period of two years from the
time of erection of such temporary buildings, whichever
is sooner.
(10) Accessory buildings and accessory uses including,
but not limited to, private garages, servants quarters,
guest houses, swimming pools, home barbecue grills,
storage, and off-street parking and loading spaces.
Section 4B-3 Parking Regulations. The parking regulations for
permitted uses are contained in Article 22 of this ordinance.
Section 4B-4 Off -Street Loading Regulations. The off-street loading
regulations for permitted uses are contained in Article 23
of this ordinance.
Section 46-5 Height, Area and Bulk Regulations. Height, area, and
bulk requirements are set forth in the Chart of Article 24
of this ordinance.
Section 4B-6 Supplementary height, area and bulk regulations are
contained in Article 27 of this ordinance."
That Article 24, HEIGHT, AREA AND BULK REQUIREMENTS, of
the Corpus Christi Zoning Ordinance be and the same is hereby amended by
adding a new section to be designated as Article 4B "RE" Residential Estate
District with the following requirements: Maximum Height, 35 feet, 3 stories;
Minimum Depth of Front Yard in Feet, 50 feet; Minimum Side and Rear Yard
in Feet, 25 feet; Maximum Number of Units per Acre, 1; Minimum Lot Area in
Square Feet, 43,560; Minimum Lot Width in Feet, 150.
Minutes
Special Council Meeting
October 23, 1974
Page 7
ORDINANCE NO. 12340
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 FRANK C. ALLEN
BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON PORTION OF LOTS 1 AND 2 AND
ALL OF LOTS 3 AND 4, BLOCK 15, BLUFF PORTION, SITUATED IN THE CITY OF CORPUS CHRISTI,
NUECES COUNTY, TEXAS, FROM "A-2" APARTMENT HOUSE DISTRICT TO "B-5" PRIMARY 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, and
Lozano, present and voting "Aye"; Stark absent.
ORDINANCE NO. 12341
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 BERNIE BRAY BY AMENDING THE
ZONING MAP BY CHANGING THE ZONING ON THE C. H. PAGE ADDITION, SITUATED IN THE CITY OF
CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "AB" PROFESSIONAL OFFICE DISTRICT 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 and
Lozano, present and voting "Aye"; Stark absent.
FIRST READING OF AN ORDINANCE 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 SEP, 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 4, SECTION 4-1, SO AS TO INCLUDE
THE "RE" RESIDENTIAL ESTATE DISTRICT TO THE LIST OF ZONING DISTRICTS, THEREBY
INCREASING THE NUMBER OF ZONING DISTRICTS FROM 19 TO 20; ADDING A NEW ARTICLE, TO
BE NUMBERED 4B, "RE" RESIDENTIAL ESTATE DISTRICT, TO PROVIDE FOR ONE -ACRE RESIDENTIAL
DISTRICT; AT'^ A*LENDING ARTICLE 24, HEIGHT, AREA AND BULK REQUIREMENTS, TO INCLUDE
HEIGHT, AREA ANL. BULK REQUIREMENTS FOR THE "RE" RESIDENTIAL ESTATE DISTRICT;
REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR PUBLICATION.
The foregoing ordinance was read for the first time and passed to its
second reading by the following vote: Luby, Acuff, Branch, Thomas Gonzales, Ricardo
Gonzalez and Lozano, present and voting "Aye"; Stark absent.
City 'ecretary Read stated that according to his tabulation, all ordinances
voted upon had passed unanimously.
Mr. Charles Bellah, architect, appeared on behalf of Mr. Sam Perkins,
developer of a HUD housing project to be located on Carroll Lane, who has requested
that'he not be required to continue Kay and Crane Streets across the property but
that he be allowed access to Crane Street. He stated that Mr. Perkins is appealing
Minutes
Special Council Meeting
October 23, 1974
Page 8
"no action" by the Planning Commission on consideration of a plat submitted at
their regular meeting of October 22 at which time approval was required on the
basis of a hardship from the requirement that stub streets be continued into the
area being platted which motion ended in a tie vote. He stated approval of the plat
is needed in order to get HUD approval and he was advised that the matter could be
brought before the Council for approval.
City Manager Townsend advised Mr. Bellah that the Council could not take
any official action on the plat at this meeting, but the item would have to be
given the necessary posting time and placed on next week's agenda.
Mayor Pro Tem Acuff stated Mr. Perkin's request would be accepted and
placed on next week's agenda for official action.
There being no further business to come before the Council, the Special
Meeting was adjourned at 5:15 p.m., October 23, 1974.