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HomeMy WebLinkAboutMinutes City Council - 11/06/1974 - SpecialMINUTES CITY OF CORPUS CHRISTI, TEXAS SPECIAL COUNCIL MEETING November 6, 1974 3:50 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 Mayor Luby called the City Manager R. Marvin Townsend. City Attorney James R. Riggs City Secretary Bill G. Read Asst. City Attorney Hal George 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 all members of the Council and required Charter Officers were present to conduct a valid meeting. City Manager Townsend presented Application #C1074-1, City of Corpus Christi, for change of zoning from "R -1B" One -family Dwelling District to "AB" Professional Office District on Lots 1 thru 7 and a portion of Lot 8, Roper Subdivision and Lots 1 & 2, Block 1, Gardendale #2, located on the east side of Everhart Road between Williams Drive and Curtis Clark Drive. The application was heard 6y the Planning Commission October 8, 1974 and forwarded to the Council with the recommendation that it be approved as a logical extension of existing zoning along this portion of Everhart Road. The Planning Staff's opinion was that continuous business zoning along major streets is not desirable, but if a zoning change is desired, it would be their recommendation that "AB" Professional Office District would be the most appropriate zoning. Mr. Townsend reported that one letter had been received in opposition and two in favor since the Commission hearing, and that the 20 percent rule was in effect on the basis of opposition of the owner of property in the area of the request. No one appeared in opposition to the recommendation of the Planning Commission. Motion by Stark, seconded by Acuff and passed, that the hearing be closed. Motion by Lozano, seconded by Tom Gonzales and passed, with Stark and Ricardo Gonzalez voting "Nay", that "AB" zoning be granted on Lots 1 thru 7 and a portion of Lot 8, Roper Subdivision, and the request be denied on Lots 1 & 2, Gardendale #2. Motion by Branch, seconded by Acuff and passed, that the foregoing motion be reconsidered. Motion by Stark, seconded by Ricardo Gonzalez, and passed, with Luby voting "Nay", that the recommendation of the Planning Commission be concurred in and Application #C1074-1, • •r •r • Minutes Special Council Meeting November 6, 1974 Page 2 City of Corpus Christi, for change of zoning from "R -1B" One -family Dwelling District to "AB" Professional Office District on Lots 1 thru 7 and a portion of Lot 8, Roper Subdivision; and Lots 1 & 2, Block 1, Gardendale #2, be approved, and an ordinance be brought forward effectuating the change. City Manager Townsend presented Application #C1074-2, City Planning Commission, for change of zoning from "R -1B" One -family Dwelling District to "B-4" General Business District on Tract A, being the north 50' of Lot 12, Block 27; Lots 13A & 15, Block 26; and from "8-4" General Business District to "R -1B" One -family Dwelling District on Tract B, being the south 60' of Lot 6, Lots 128 & 17, Block 27; Lots 138 & 15A, Block 26; both tracts being in Meadow Park, located south of Baldwin Boulevard and north of Morgan Avenue on the east side of Hiawatha Street and both sides of Virginia Avenue. The application was heard by the Planning Commission October 8, 1974, and forwarded to the Council with the recommendation that both tracts be approved as requested. The Planning Staff concurred in this recommendation on the basis it will eliminate any uncertainties as to the type of zoning on each of these lots. Mr. Townsend reported that three letters had been received in favor of the request and one in opposition since the Commis- sion hearing. ^'o 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 Stark and passed, that the recommendation of the Planning Commission be concurred in and Application #C1074-2, City Planning Commission for change of zoning from "R -1B" k.;'„ -family Dwelling District to "B-4” General Business District on Tract A, being the north 50' of Lot 12, Block 27; Lots 13A & 15, Block 26; and from "B-4" General Business District to "R -1B" One -family Dwelling District on Tract B, being the south 60' of Lot 6, Lots 12B & 17, Block 27; Lots 13B & 15A, Block 26; both tracts being in Meadow Park Subdivision, be approved as reluested, and an ordinance be brought forward effectuating the change. City Manager Townsend presented Application #1074-3, Tomas T. Gonzales, for change of zoning from "R -1B" One -family Dwelling District and "A-1" Apartment House District to "B-1" Neighborhood Business District, on Lot 12 & 13, Block A, Dunbar Addition, located on the south side of Dunbar Street between Carver and Sabinas Streets. The request was heard by the Planning Commission October 8, 1974, and forwarded to the Council with the recommendation that it be denied on the basis that there is already adequate "8-1" zoning in the area. It was the Planning Spl Council Meeting November 6, 1974 Page 3 Staff's opinion that "B-1" zoning would constitute an intrusion into an established residential area, more particularly on the lot on the southwest corner of Sabinas and Dunbar Streets, and would have an adverse effect on residential properties facing this lot on Sabinas Street; would also encourage requests for additional zoning of this type in the area and, therefore, recommends denial. Mr. Townsend reported that since the Commission Hearing, six letters were received in opposition and one in favor. Mr. Tomas T. Gonzales, applicant, explained that he is the owner of the two lots and operates a grocery store and washateria on the southeast corner of Carver and Dunbar which is leased. He stated he proposes to move his business onto these two lots which would provide adequate space for off-street parking. He stated the store and washateria are needed in this area and the use would be limited to these uses. He stated he was aware of the fence requirement. It was pointed out to Mr. Gonzales that the that the people in the neighborhood were fearful that alcoholic beverages would be sold if the applicant moves from his present location. No one appeared in opposition to the recommendation of the Planning Commission. Motion by Stark, seconded by Acuff and passed, that the hearing be closed. Motion be Ricardo Gonzalez, seconded by Lozano and passed, with Luby voting "Nay", that the recommendation of the Planning Commission not be concurred in and that the request for change of zoning from "R-1B" One-family Dwelling District and "A-1" Apartment House District to "B-1" Neighborhood Business District on Lots 12 & 13, Block A, Dunbar Addition, be denied, and in lieu thereof, a Special Permit be granted for construction of a grocery store and washateria on the lot fronting Dunbar and Carver Streets, and restrict the lot fronting Dunbar and Sabinas to a parking lot only, and .. at an ordinance be brought forward effectuating the special permit, it being noted that the applicant would voluntarily deed restrict the property against the on-premise consumption of alcoholic beverages. Commissioner Ricardo Gonzalez suggested that the City take action to downzone the corner lots on Carver -Ind Dunbar to "R-1B". City Manager Townsend explained that the down- zoning would have to be addressed to the entire side of the street, and the Council could instruct the staff to bring forth such an application to downzone Lots 1 thru 6 Dunbar Addition from "8-1" to "R-1B". Commissioner Gonzalez stated he would not be in favor of downzoning all the lots. City Manager Townsend presented Application 01074-4, W. A. Blanton, Jr., for change of zoning from "R-1B" One-family Dwelling District to "AB" Professional Office District r • • Minutes Special Council Meeting November 6, 1974 Page 4 on Lots 21 thru 36, Block 6, Alameda Park, located on the southeast side of Everhart Road between Harry Street and Avalon Street. This request was heard by the Planning Commission October 8, 1974 and forwarded to the Council with the recommendation that it be denied, and the Planning Staff concurred in this recommendation. Mr. Townsend reported that eight letters had been receiv- ed since the Commission hearing in opposition and nine in favor; that the opposition was generally on the basis that it would be an intrusion into a residential area, increased traffic, spot zoning, lack of parking areas, domino effect of zoning, and devaluation of property. The 20 percent rule is in effect. Mr. W. A. Blanton, applicant, explained that he owns only one lot but he had made the application on behalf of all the owners of Lots 21 through 36; that they had sought legal advice on procedures of how this zoning request should be made; that everyone in the block had been con- tacted and they had conformation signatures from all but one that the zoning was desired. He explained that all the lots are rental property with the exception of five homes;that the general condition of the neighborhood has deteriorated; numerous vacancies remain for months at a time; and the neighborhood is not considered desirable for children. Mrs. Clara Honneycutt, owner of one of the lots, spoke in favor of the change, stating that she had problems of obtaining and keeping tenants. Mr. David L. Conn, 4138 Meridian, spoke and requested that the proposed change be a "package deal" whereby a permanent type fence could be built to protect the surrounding residential area from the commercial uses on Everhart. He asked that this matter be deferred until he could contact the e:c ,t owners which would be affected. Mr. Victor Medina, Jr., 1620 Morgan, spoke in opposition to the request and stated he would not be agreeable to spending three thousand dollars to build a retaining wall in place of t the wooden fence he now has. He stated there is adequate business property in this area and numerous buildings for rent. Mr. Ralph Morrison, 609 Everhart, owner of Lot 36, spoke in favor of the requested change in zoning pointing out that the character of Everhart has changed; that the area is in a run down condition; they are trapped by a wall of traffic on Everhart; there is no access to the residen- tial area from Everhart; and the lots are not suitable for residential development. He stated his property had been vacant for almost a year, is in a deteriorated state at present, and it is not economically practical to repair it since it cannot be rented. He commented that the property • Minutes Special Council Meeting November 6, 1974 Page 5 owners in the surrounding area do not understand these problems. Mr. Paul Brandes, 4150 Harry, spoke in opposition stating the increased traffic would be a hazard; the lots are too shallow for proper parking, and the requested zoning would be "spot zoning" Dr. Ray Govett, 4146 Harry, opposed the proposed zoning change stating there is already too much commerical zoning on Everhart; would create a "domino" effect; would change the entire neighborhood; and would permit objectionable uses such as bars and restaurants. He commented that some of these owners had purchased this property for speculation with full know- ledge that it was residential. He pointed out that the owners had neglected to make the houses livable and therefore, cannot rent or sell them. He also pointed out the wastefullness in destroy- ing old houses to be replaced with new with scarce and expensive materials. Mr. J. E. O'Brien, 4130 Pompano Place; Mr. Clarence A. Eyler, 4221 Harry; and Mr. Owen E. Swint, 4202 Harry Street, spoke in favor of the requested change for reasons pre- viously stated. Motion by Stark, seconded by Acuff and passed, that the hearing be closed. Motion by Acuff, seconded by Stark, with Ricardo Gonzalez voting "Nay", that the recommendation of the Planning Commission be concurred in and Application #1074-4, W. A. Blanton, Jr., for change of zoning from "R -1B" One -family Dwelling District to "AB" Professional Office District on Lots 21 thru 36, Block 6, Alameda Park, be denied. ORDINANCE NO. 12353 AMENDING THE Z..,:•'"NG 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 THE CITY OF CORPUS CHRISTI BY CHANGING THE ZONING MAP BY CHANGING THE ZONING ON LOTS 1 THRU 7 AND A PORTION OF LOT 8, ROPER SUBDIVISION, AND ON LOTS 1 & 2, BLOCK 1, GARDENDALE #2, SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "R -1B" ONE -FAMILY DWELLING DISTRICT TO "AB" PROFESSIONAL OFFICE DISTRICT; KEEPING IN EFFECT ALL OTHER PROVISIONS OF THE EXISTING ORDINANCE A5 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, Tom Gonzales, Ricardo Gonzalez and Stark, present and voting "Aye"; Lozano present and voting "Nay". • • Minutes Special Council Meeting November 6, 1974 Page 6 ORDINANCE NO. 12354 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 APPLICA- TION OF THE CITY PLANNING COMMISSION BY AMENDING THE ZONING MAP BY CHANG- ING THE ZONING ON TRACT "A", BEING ALL OF LOT 13A AND A PORTION OF LOT 15, BLOCK 26, AND A PORTION OF LOT 12, BLOCK 27, ALL SITUATED IN MEADOW PARK, FROM "R -1B" ONE -FAMILY DWELLING DISTRICT TO "B-4" GENERAL BUSINESS DISTRICT; AND BY CHANGING THE ZONING ON TRACT "B", BEING ALL OF LOTS 12B & 17 AND A PORTION OF LOT 6, IN BLOCK 27 AND ALL OF LOTS 13B & 15A, BLOCK 26, ALSO ALL IN MEADOW PARK, FROM "B-4" GENERAL BUSINESS DISTRICT TO "R -1B" ONE -FAMILY DWELLING DISTRICT; ALL OF THE PROPERTY SITUATED IN THE CITY OF CORPUS CHRISTI, COUNTY OF NUECES, 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, Branch, Tom Gonzales, Ricardo Gonzalez, Lozano and Stark, present and voting "Aye". City Secretary Read stated that according to his tabulation the ordinances voted upon had passed with votes as indicated. There being no further business to come before the Council, motion by Acuff, seconded by Branch and passed, that the Special Meeting be adjourned at 5:15 p.m., November 6, 1974.