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HomeMy WebLinkAboutMinutes City Council - 02/19/1975 - SpecialMINUTES CITY OF CORPUS CHRISTI, TEXAS SPECIAL COUNCIL MEETING February 19, 1975 4:15 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 Acting City Attorney Michael May 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 all members of the Council and the required Charter officers were present to conduct a valid meeting. City Manager Townsend presented Application #1174-5, Mrs. Lillie H. Mendez, for change of zoning from "R -1B" One -family Dwelling District to "B-1" Neighborhood Business District on Lot 11, Block D, Austin Subdivision #2, located on the east side of Airport Road north of the intersection of Morgan Avenue and Old Brownsville Road. The request was heard by the Planning Commission on November 19, 1974, and forwarded to the Council with the recom- mendation that it be denied, but in lieu thereof a special permit be approved for a florist shop in a residence subject to a site plan approved by the Commission January 21, 1975, showing four head -in parking spaces and a non -illuminated 3' x 4' sign against the building. The Planning Staff recommended denial on the basis that the property is located in an area that is primarily zoned and used for residential, and the site plan submitted by the applicant would be contrary to City ordinances due to the fact that four off-street parking spaces are head -in parking in front of the home. Mr. Victor Lara Ortegon of Radio Station KUNO spoke in support of the request on behalf of the applicant and explained that Mrs. Mendez is now employed full time but would like to increase her income by establishing a part-time florist shop in her home; that she has learned flower arranging by attending classes at the Boy's Club sponsored by the government; that her husband was,44idoff work from Reynolds Metals Company recently; she has four children to support, needs the extra income, and this is a hardship case. He pointed out that this case should be given special consideration on the basis of the concerted effort in Corpus Christi to improve the living conditions of Mexican American people through public service. He stated she would not sell groceries or beer. Minutes Special Council Meeting February 19, 1975 Page 2 Mrs. Lillie H. Mendez spoke on her own behalf stating that she needed the extra income and also needed to be at home when her children are home from school. She stated she lives in the house and will continue to live there. City Manager Townsend stated the staff strongly recommends that instead of the four head -in parking spaces off Airport Road that two off-street parking spaces be substituted. He presented a plan for the two parking spaces which he stated would be sufficient and a better solution to an otherwise dangerous situation of backing out into a major thoroughfare. He explain- ed that the applicant has only applied for a change of zoning and not for a change in construction, and the staff would be instructed to warn those applying for a permit that structural modifications of buildings would require rewiring for commercial uses. Mrs. Mendez explained that she planned no modifications to the building and that a regular refrigerator would be used for storage. No one appeared in opposition to the foregoing request. (Mayor Luby was temporarily absent from the meeting at this time) Motion by Stark, seconded by Ricardo Gonzalez and passed, that the hearing be closed. Motion by Ricardo Gonzalez, seconded by Tom Gonzales and passed, that the recom- mendation of the Planning Commission be concurred in and Application #1174-5, Mrs. Lillie H. Mendez, for change of zoning from "R -1B" One -family Dwelling District to "B-1" Neighborhood Business District on Lot 11, Block D, Austin Subdivision #2, be denied, but in lieu thereof a special permit be approved for a florist shop in a residence subject to an approved site plan with modifications for two off-street parking spaces as recommended by City Manager Townsend, and an ordinance be brought forward effectuating the change. City Manager Townsend presented Application #1274-2, C.I.T. Financial Services, for change of zoning from "AB" Professional Office District to "B-1" Neighborhood Business District on Lot 15, Block 22, Windsor Park Addition, located at 4456 South Staples Street. The request was heard by the Planning Commission December 17, 1975 and forwarded to the Council with the recommendation that it be denied, but in lieu thereof a special permit be approved for the construction of a sign according to a site plan approved January 21, 1975 meeting guidelines recommended in the sign subcommittee report. It was the Planning Staff's opinion that a change of zoning should not be granted merely to increase the size of a sign or to permit construction of a freestanding sign, therefore denial was recommended. (Mayor Pro Tem Acuff departed the meeting at this time) Minutes Special Council Meeting February 19, 1975 Page 3 No one appeared in opposition to the recommendation of the Planning Commission. Motion by Stark, seconded by Ricardo Gonzalez, that the hearing be closed. Motion by Stark, seconded by Ricardo Gonzalez and passed, that the recommendation of the Planning Commission be concurred in and Application #1274-2, C.I.T. Financial Services, for change of zoning from "AB" Professional Office District to "B-1" Neighborhood Business District on Lot 15, Block 22, Windsor Park Addition, be denied, but in lieu thereof a special permit be approved for the construction of a sign according to a site plan approved January 21, 1975 meeting guidelines recommended in the sign subcommittee report, and an ordinance be brought forward effectuating the change. City Manager Townsend presented Application #1274-3, Frank G. Evans, for change of zoning from "R -1B" One -family Dwelling District to "T -IB" Mobile Home Park District on 5 + acres out of Lot 7, W. O. Womack Farm Lots, located along the east right-of-way line of Old Brownsville Road, south of its intersection with Tupper Lane. The request was heard by the Planning Commission December 17, 1974 and forwarded to the Council with the recommendation that it be denied but in lieu thereof a special permit be approved for one mobile home for a period of 2-1/2 years from the date of the ordinance with a provision that the standard screening fence requirement be waived. The site plan was presented and approved January 21, 1975 showing the location of a trailer to be used as a field office and meeting all necessary requirements. The Planning Staff's opinion was that if this request is approved it would constitute a single zone within an area that is predominantly farm -rural, it is presently undetermined as to how this area will be developed, and approval would be setting a precendent. Mr. Larry Urban of Urban Engineering explained that the mobile home is to be used for a part-time residence and/or business and the request does not necessarily involve the tract of land on which it is located; that Mr. Evans is requesting permission to continue using the mobile home for an additional two years; a site plan has been submitted; it has been his understanding that the request does not involve a platting matter, and the mobile home is only proposed to be placed there to be used as a sales office and part time residence. City Manager Townsend pointed out that it should be made clear what is the temporary nature of the request, and how the facility is related to the site. Mr. Urban stated that the recommendation of the Planning Commission for a special permit is satisfactory to Mr. Evans. He stated that if the division of the land is a factor, this could be made a condition of the permit. Minutes Special Council Meeting February 19, 1975 Page 4 Mr. Frank G. Evans, applicant, stated he lives in Port Aransas and would probably spend two nights a week in the mobile home; that it would be a combination field office and residence; and the reason for the request is that they need the facility to be used as an office for the sale of the balance of the land. Mr. Townsend stated the concern would be that the area not be reduced in size less than the area shown in the application except by platting process. (Mayor Luby reported back to the meeting) No one appeared in opposition to the foregoing application. Motion by Stark, seconded by Lozano and passed, that the hearing be closed. Motion by Stark, seconded by Lozano and passed, that the recommendation of the Planning Commission be concurred in and Application #1274-3, Frank G. Evans, for change of zoning from "R -1B" One -family Dwelling District to "T -l6" Mobile Home Park District on 5+ acres out of Lot 7, W. O. Womack Farm Lots, located along the east right of way line of Old Brownsville Road, south of its intersection with Tupper Lane, be denied but in lieu thereof a special permit be approved for one mobile home for a period of 2-1/2 years from the date of the ordinance with a provision that the standard screening fence requirement be waived, and that the site be the full 205+ acres unless such site be reduced by the process of platting, and an ordinance be brought forward effectuating the change. At this time Mayor Luby introduced visitors from four Latin American countries who are in Corpus Christi for training by the Internal Revenue Service and the Agency for International Development. The visitors were from Bolivia, Panama, Costa Rica, and Paraguay. City Manager Townsend presented Application #175-1, M.. Harvey Weil, for change of zoning from Farm -Rural District to "1-2" Light Industrial District on Tract 1: 10.9 + acres; Tract 2: 36.5 + acres; both tracts being out of Shares 2 thru 6 of McBride Partition, located north of Hopkins Road and west of Gateway Mobile Home Park. The request was heard by the Planning Commission January 21, 1975 and forwarded to the Council with the recommendation that it be approved as a logical extension of industrial zoning within this area. The Planning Staff concurred in this recommendation. No one appeared in opposition to the foregoing request. Motion by Branch, seconded by Tom Gonzales and passed, that the hearing be closed. Minutes Special Council Meeting February 19, 1975 Page 5 Motion by Branch, seconded by Tom Gonzales and passed, that the recommendation of the Planning Commission be concurred in and Application #175-1, M. Harvey Weil, for change of zoning from "F -R" Farm -Rural District to "1-2" Light Industrial District on Tract 1 (10.9± acres); Tract 2 (36.5+ acres); both tracts being out of Shares 2 thru 6 of McBride Partition, located north of Hopkins Road and west of Gateway Mobile Home Park, be approved and an ordinance be brought forward effectuating the change. City Manager Townsend presented Application #175-2, Dr. Alva L. Blaine, for change of zoning from "A-1" Apartment House District to "AB" Professional Office District on a portion of Lots 10 and 11, Block 4, Bayfront Terrace, located on the southeast corner of Ayers and Second Street. Chief Planner LarryWenger described the land use and zoning in the surrounding area; pointed out the location as being across the street from the emergency entrance of Spohn Hospital; and pointed out areas the hospital is in the process of acquiring for additional parking space. Mr. John Waller, attorney, explained that if the request is approved, the present 4 -unit apartment building will be remodeled for two or three doctors offices with adequate on- site parking. He stated that the area has deteriorated in the last few years; his client finds it difficult to rent the apartments, and employees of the hospital do not live there. He stated there had been no opposition from residents in the neighborhood at the Planning Commission hearing. No one appeared in opposition to the foregoing request. Motion by Branch, seconded by Stark and passed, that the hearing be closed. Motion by Ricardo Gonzalez, seconded by Stark and passed, that the recommendation of the Planning Commission be concurred in and Application #175-2, Dr. Alva L. Blaine, for change of zoning from "A-1" Apartment House District to "AB" Professional Office District on a portion of Lots 10 and 11, Block 4, Bayfront Terrace, be approved as requested and an ordinance be brought forward effectuating the change. City Manager Townsend presented Application #175-3, Eugene H. Bouligny, for change of zoning from "R -1B" One -family Dwelling District to "R-2" Multiple Dwelling District on Lots 1 thru 6, Block 17, Hillcrest Addition, located on the northwest corner of Koepke and Stillman Streets. The request request was heard by the Planning Commission on January 21, 1975, and forwarded to the Council with the recommendation that the request be approved on Lots 1 thru 3, but denied on Lots 4 through 6. He reported that since the Commission hearing, two letters had Minutes Special Council Meeting February 19, 1975 Page 6 been received in opposition, one from the St. John First Baptist Church in opposition on the basis that the residents had gone on record in support of one -family dwellings to comply with the Code Enforcement Program, and also they felt multi -family dwellings would contribute to lawlessness. Chief Planner Larry Wenger described the land use and zoning in the surrounding area and explained that the subject building is large and could be remodeled into a duplex and would be a logical use in a moderate income neighborhood. However, he stated that the three vacant lots should be retained for single-family units since this is predominately a single-family neighborhood, and the staff's recommendation is that "R-2" be granted for Lots 1 thru 3 but denied on Lots 4 thru 6 as recommended by the Planning Commission. Mr. Eugene Bouligny, applicant, explained that the property has 3600 square feet and not many people in this moderate income area could use this size house, and if remodeled into two quality units, it would provide economic housing for two families and would be an asset to the community. He stated the recommendation of the Planning Commission and Planning Staff is acceptable. Mr. J. Preston Pullam, 1421 Stillman, spoke in opposition, stating he lives directly across the street and he and others in the neighborhood had gone to some expense to upgrade their property in keeping with the Code Enforcement Program. He stated he felt multi -family housing would degrade the neighborhood and bring in undesirable residents. He conceded that Mr. Bouligny would improve the building but would have no control over the tenants; that if it is not economically feasible to improve it as a one -family dwelling, then he should tear it down. He stated Mr. Bouligny bought it as a one -family dwelling. City Manager Townsend commented that his position in this request would be that it be denied since the City has made substantial commitments for improvement of the Hillcrest area on the basis of it remaining one -family residences. Motion by Stark, seconded by Tom Gonzales and passed, that the hearing be closed. Motion by Ricardo Gonzalez, seconded by Tom Gonzales; Stark, Luby and Branch voting "Nay"; Lozano, Ricardo Gonzalez and Tom Gonzales voting "Aye"; Acuff absent, that the recommendation of the Planning Commission and Planning Staff be concurred in and Applica- tion 0175-3, Eugene H. Bouligny, for change of zoning from "R -1B" One -family Dwelling District to "R-2" Multiple Dwelling District on Lots 1 thru 6, Block 17, Hillcrest Addition, be nutes .pecial Council Meeting February 19, 1975 Page 7 approved on Lots 1 thru 3, but that R be denied on Lots 4 thru 6. The motion failed because of a tie vote. Motion by Ricardo Gonzalez, seconded by Lozano and passed, that the foregoing Application be tabled until a full Council is present. City Manager Townsend presented Application #175-4, Spohn Hospital, for change of zoning from "A-1" Apartment House District and "SP" Special Permit to "AB" Professional Office District on Lots 5 thru 11, Block 11 and Lots 12 thru 15, Block 1, Ocean View Addition, located on both sides of Second Street north of Elizabeth Street. The request was heard by the Planning Commission January 21, 1975 and forwarded to the Council with the recommendation that it be approved and the staff concurred in this recommendation. Commissioner Branch raised the question as to what assurance there would be that the alley between Morgan Avenue and Elizabeth Street would stay open and parking would not spill over into the alley. He suggested that perhaps a vehicle divider or wheel stops should be required of the owner to keep the alley open. City Manager Townsend explained that the alley is a public right of way and the owners of the parking lot can be required to keep the alley open. No one appeared in opposition to the foregoing application. Motion by Tom Gonzales, seconded by Branch and passed, that the hearing be closed. Motion by Tom Gonzales, seconded by Ricardo Gonzalez and passed, that the recommendation of the Planning Commission be concurred in and Application #175-4, Spohn Hospital, for change of zoning from "A-1" Apartment House District and "SP" Special Permit to "AB" Professional Office District on Lots 5 thru 11, Block 11 and Lots 12 thru 15, Block 1, Ocean View Addition, be approved as requested and an ordinance be brought forward effectuating the change (Commissioner Stark departed the meeting at this time) ORDINANCE NO. 12487 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. LILLIE H. MENDEZ, BY GRANTING A SPECIAL COUNCIL PERMIT FOR A FLORIST SHOP WITH TWO HEAD -IN PARKING SPACES AND WITH A 3' x 4' NON - ILLUMINATED SIGN FLAT AGAINST THE BUILDING, ALL AS MORE FULLY ILLUSTRATED ON THE SITE PLAN APPROVED BY THE PLANNING COMMISSION, SUBJECT TO ALL OTHER CONDITIONS OF R -1B ZONING DISTRICT, AND SUBJECT TO THE CONDITIONS HEREIN- AFTER SET FORTH, ON LOT 11, BLOCK D, AUSTIN SUBDIVISION #2, SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS; KEEPING IN EFFECT ALL OTHER PROVISIONS OF THE EXISTING ORDINANCE AS AMENDED; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND DECLARING AN EMERGENCY. Minutes Regular Council Meeting February 19, 1975 Page 8 The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Luby, Branch, Tom Gonzales, Ricardo Gonzalez and Lozano, present and voting "Aye"; Acuff and Stark absent. ORDINANCE NO. 12488 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 C.I.T. FINANCIAL SERVICES, BY GRANTING A SPECIAL COUNCIL PERMIT FOR A FREE-STANDING SIGN AS INDICATED ON THE SITE PLAN APPROVED BY THE PLANNING COMMISSION, SUBJECT TO THE CONDITIONS HEREINAFTER SET FORTH, ON LOT 15, BLOCK 22, WINDSOR PARK ADDITION, SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS; KEEPING IN EFFECT ALL OTHER PROVISIONS OF THE EXISTING ORDINANCE AS AMENDED; REPEALING ALL ORDINANCES IN CONFLICT HERE- WITH; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Lubyp Branch, Tom Gonzales, Ricardo Gonzalez and Lozano, present and voting "Aye"; Acuff and Stark absent. ORDINANCE NO. 12489 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 M. HARVEY WEIL BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON TRACT 1 AND TRACT 2, BOTH TRACTS BEING OUT OF SHARES 2 THROUGH 6 OF McBRIDE PARTITION, SITUATED IN 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, Branch, Tom Gonzales, Ricardo Gonzalez and Lozano, present and voting "Aye"; Acuff and Stark absent. ORDINANCE NO. 12490 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 SPOHN HOSPITAL BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON LOTS 5 THRU 11, BLOCK 11 AND LOTS 12 THRU 15, BLOCK I, OCEAN VIEW ADDITION, SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "A-1" APARTMENT HOUSE DISTRICT AND "SP" SPECIAL PERMIT TO "AB" PROFES- SIONAL OFFICE DISTRICT; KEEPING IN EFFECT ALL OTHER PROVISIONS OF THE EXISTING ORDINANCE AS AMENDED; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND DECLARING AN EMERGENCY. Minutes Regular Council Meeting February 19, 1975 Page 9 The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Luby, Branch, Tom Gonzales, Ricardo Gonzalez and Lozano, present and voting "Aye"; Acuff and Stark absent. City Secretary Read stated that according to his tabulation, all ordinances voted upon had passed unanimously (Acuff and Stark absent). There being no further business to come before the Council, the meeting was adjourned at 6:05 p.m., February 19, 1975.