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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 • Minutes 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. • Minutes 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. • • Minutes 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 einutes 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. 111, Minutes 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.