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HomeMy WebLinkAboutMinutes City Council - 01/29/1975 - SpecialMINUTES CITY OF CORPUS CHRISTI, TEXAS SPECIAL COUNCIL MEETING January 29, 1975 3:30 P.M. PRESENT: Mayor Pro Tem James T. Acuff Commissioners: Rev. Harold T. Branch Thomas V. Gonzales Ricardo Gonzalez Gabe Lozano, Sr, Asst. City Manager Archie Walker Exec. Asst. City Attorney Hal George City Secretary Bill G. Read Mayor Pro Tem 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 all members of the Council and required Charter officers were present to conduct a valid meeting. Chief City Planner Larry Wenger presented Application #1274-5, Mr. Gus Montis, for change of zoning from "A-1" Apartment House District to "B-1" Neighborhood Business District, on Lots 22 thru 25, Block 9, Parkdale Village #2, located on the southwest corner of Gollihar Road and Calvin Drive. He located the property on the map and described the land use and zoning in the surrounding area. He explained that the subject properties are occupied with apartment complexes comprising four structures with a total of 16 apartment units. He explained that the request was heard by the Planning Commission on December 17, 1975 and forwarded to the Council with the recommendation that it be denied. The staff's opinion was that the present "A-1" district is art appropriate transition between the "B-4" to the north and east and the single-family residential development to the south; that it is doubtful that the minimum off-street parking requirements can be met; and therefore, the staff recommended denial. Mr. Wenger reported that of 18 notices mailed, one was returned in favor and six in opposition. The 20 per cent rule is in effect. Mr. Michael Hatch, attorney representing the applicant, spoke in opposition to the recommendation of the Planning Commission. He explained that initially the request was for "B-1" Neighborhood Business District, and since that generated considerable opposition, they would nowbe willing to accept "AB" Professional Office District which would serve as a buffer all the way to Calvin Drive. He stated that as he interprets the zoning ordinance, the parking requirements could be met under the "AB" classification. He stated they have space Minutes Special Council Meeting January 29, 1975 Page 2 for seven parking spaces per office. He presented photographs of the area in front of the buildings and stated it is 60' x 35' and if the "AB" is granted, this area will be converted into parking spaces. He stated there will be no change in the building, that it will be used for one apartment and the only physical changes in the premises will be the area in front converted into parking spaces and the grass area cleared. He pointed out that at the Commission hearing, some of the objections had been based on the traffic congestion if "AB" is granted but he does not see how the traffic could be increased under the "AB" classification. He explained that they also plan to use the area in the rear for parking which would make a total of 16 spaces; that there will be no people in the building, just office space, and the second floor will be used for storage. Mr. Wenger presented an aerial photograph of the area pointing out that the ordinance does not allow head -in parking and that there is not enough space in front of the building to allow for head -in parking. Mr. Gary Giles appeared on behalf of Dollar Land Corporation Ltd., owners of Parkdale Shopping Center, and spoke in opposition to the request on the basis that there is not sufficient parking space provided; traffic would be increased, and they are concerned that parking will overflow into the Parkdale parking facility. He pointed out that the develop- ment is currently an apartment complex with 16 apartment units in the four buildings, and there is presently only enough space for the tenants. Mr. Charles Smith, owner of Lot 5, spoke in opposition to the request, pointing out that with his written objection, he had filed with the City Secretary a petition containing 17 signatures of owners in the immediate area who are opposed to the request for "B-1" or "AB" on the basis that there is not sufficient space for parking, and traffic would be increased to the detriment of the neighborhood. He stated there is not adequate parking space now for the present use as cars are being parked in the street on both sides of Calvin Drive. (The meeting was recessed briefly for the purpose of receiving bids scheduled for 4:00 p.m.) The Special meeting was reconvened and Mr. Virgil Hubble, 4546 Adkins Drive, spoke in opposition to the request for either "AB" or "B-1" for reasons already stated. He Minutes Special Council Meeting January 29, 1975 Page 3 pointed out that if the front area is used for parking, cars would have to cross the sidewalk to get to the area. He further pointed out that this neighborhood had been kept up as a nice neighborhood under its present use and he is concerned if the applicant is permitted to establish a real estate office as he proposed, it will deteriorate the area. He stated it has been his observation that once apartments are built and occupied as such, any other use such as office use, has a deteriorating effect on the neighborhood. Mrs. Helen Murtagh, 4532 Adkins, spoke in opposition, stating the proposed use of the building will not improve the neighborhood; that the present buildings had not been improved and there was no reason to assume that they would be improved for office use. In rebuttal, Mr. Hatch stated that it is doubtful that the parking will expand into the Parkdale Shopping Center Area. He stated they are only talking about one building located on Lot 22, and the remainder of the structures will be maintained as apartments. He stated he does not believe the "AB" zoning will deteriorate the neighborhood. Motion by Lozano, seconded by Tom Gonzales and passed, that the hearing be closed. Motion by Branch, seconded by Ricardo Gonzalez and passed, Acuff voting "Nay", that Application #1274-5 be tabled until all members of the Council are present since the 20 percent rule is in effect in this case. Mr. Wenger presented Application #1274-6, Mr. Joe Emanuel, for change of zoning from "A-1" Apartment House District to "B-1" Neighborhood Business District, on Lot 5A, Block 7, Colonia Mexicana Subdivision, located on the southeast side of North Staples Street 140 feet south of West Broadway. He described the land use and zoning in the surrounding area and ex- plained that the subject property is presently vacant and the applicant proposes to establish a cab stand on this lot. The request was heard by the Planning Commission December 17, 1974 and forwarded to the Council with the recommendation that it be approved. The staff's opinion was for denial on the basis that it would be an intrusion into the residential area which area was re- zoned in 1969 according to an overall plan to upgrade the living environment which was zoned "1-2" and which at that time, had been favored by a large number of residents. He explained Minutes Special Council Meeting January 29, 1975 Page 4 that of 32 notices mailed to property owners, one was returned in favor and none in opposition, and no one spoke in opposition at the hearing, and based on this, the staff would not oppose the application. 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 Branch, seconded by Tom Gonzales and passed, that Application #1274-6, Joe Emanuel, for change of zoning from "A-1" Apartment House District to "13-1" Neighborhood Business District on Lot 5A, Block 7, Colonia Mexicana Subdivision, be approved as requested, and an ordinance be brought forward effectuating the change. Mr. Wenger presented Application #1274-7, Candystick of Corpus Christi, Texas, for change of zoning from "R -1B" One -family Dwelling District to "Ab" Professional Office District, on a tract of land being 6.27 acres of Lot 2, Section 9, Bohemian Colony Lands, located 580 feet northwest from the center line of Weber Road along the future extension of O'Day Parkway. He described the land use and zoning in the surrounding territory and stated that a medical complex is proposed on the property which h now vacant with related uses. The request was heard by the Planning Commission December 17, 1975 and forwarded to the Council with the recommendation that it be approved. The staff's opinion was that this re- quested zoning would be an intrusion into this new residential area, and in view of the extension of the apartment complex to the north, recommended "R-2" in lieu of "AB" as a transition area between the apartment and the one -family residential developments. He reported that of three notices mailed, none was returned in favor and none in opposition. No one appeared in opposition to the foregoing request. Motion by Branch, seconded by Lozano and passed, that the hearing be closed. Motion by Ricardo Gonzalez, seconded by Branch and passed, that the recommenda- tion of the Planning Commission be concurred in and Application #1274-7, Candystick of Corpus Christi, Texas, for change of zoning from "R -1B" One- family Dwelling District to "AB" Professional Office District, on a tract of land being 6.27 acres of Lot 2, Section 9, Bohemian Colony Lands, be approved, and an ordinance be brought forward effectuating the change. Mr. Wenger presented Application #1274-8, Mr. Tim Clower, for change of zoning from "1-2" Light Industrial District to "B-4" General Business District, on an approximate Minutes Special Council Meeting January 29, 1975 Page 5 3.5 acres out of a 5.70 -acre tract out of Block 20, J. C. Russell Farm Blocks, and an approximate 30.11 -acre tract out of the original Tom Whelan Tract located on the east side of Navigation Boulevard between IH 37 & Savage Lane. The request was heard by the Planning Commission December 17, 1974 and forwarded to the Council with the re- commendation that it be approved, and the staff concurred in this recommendation as a logical extension of the adjacent "B-3". No one appeared in opposition to the foregoing request. Motion by Branch, seconded by Tom Gonzales and passed, that the hearing be dosed. Motion by Ricardo Gonzalez, seconded by Tom Gonzales and passed, that the recommendation of the Planning Commission be concurred in and Application 01274-8, Mr. Tim Clower, for change of zoning from "I-2" Light Industrial District to "B-4" Business District, on an approximate 3.5 acres out of a 5.70 -acre tract out of Block 20, J. C. Russell Farm Blocks, and an approximate 30.11 -acre tract out of the original Tom Whelan Tract located on the east side of Navigation Boulevard between IH 37 & Savage Lane, be approved and an ordinance be brought forward effectuating the change. ORDINANCE NO. 12461 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 JOE EMANUEL BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON LOT 5A, BLOCK 7, COLONIA MEXICANA SUBDIVISION, SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "A-1" APARTMENT HOUSE 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: Acuff, Branch, Tom Gonzales, Ricardo Gonzalez and Lozano present and voting "Aye"; Luby and Stark absent. ORDINANCE NO. 12462 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 Minutes Special Council Meeting .bnuary 29, 1975 Page 6 TIME AND PARTICULARLY AS AMENDED BY ORDINANCE NO. 6106, AS AMENDED, UPON APPLICATION OF CANDYSTICK OF CORPUS CHRISTI, TEXAS, BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON A TRACT OF LAND BEING 6,27 ACRES OF LOT 2, SECTION 9, BOHEMIAN COLONY LANDS, 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 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: Acuff, Branch, Torn Gonzales, Ricardo Gonzalez and Lozano, present and voting "Aye"; Luby and Stark absent, City Secretary Bill Read stated that according to histall3 the foregoing ordinances were approved unanimously. There being no further business to come before the Council, motion by Branch, seconded by Ricardo Gonzalez and passed, that the Special Meeting be adjourned at 4:35 p.m., January 29, 1975.