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HomeMy WebLinkAboutMinutes City Council - 05/26/1976 - SpecialPRESENT: Mayor Jason Luby Mayor Pro Tem Bill Tipton Council Members: Eduardo E. de Ases Ruth Gill Bob Cu iley Cabe Lozano, Sr. Edward Sample - MINUTES i'iITY OF CORPUS CHRISTI, TEXAS SPECIAL COUNCIL MEETING MAY 26, 1976 3:3O,,P.M. City Manager R. Marvin Townsend City Attorney J. Bruce Aycock City Secretary Bill G. Read Mayor Luby called the meeting to:order in -the Council Chambers of City Hall. City Secretary Read noted there was a quorum of the Council and the necessary Charter Officers present to have a legally constituted meeting. City Manager Townsend presented Application 11476-8, Willie Jackson, for a change of zoning from "R -1B" One -family Dwelling District to "B-1" Neighborhood BusIneHH DIHtrlct on the remaining portion of Lot 14, Block 6, Colonia Hidalgo Addltlmi, Incn1ed on the south side of West,Point Road approximately 150' west of 'Barrern Drive. City Manager Townsend reported that in response to the notification of the public hearing, two letters.had been received in favor of the requested zoning. He informed that the recommendation of the,Planning Commission is that it be approved; . that the Planning Staff recommends denial because the lot is located in a Code Enforcement area of the city, and they feel that the proposed business zoning would be an intrusion into that predominantly residential area. Chief Planner Larry Wenger presented a land use and zoning map and showed slides of the location; he explained that the property is vacant, and the applicant wishes to open a small fast food service .. b operation. No one from the audience spoke regarding the application. Motion by de Ases, seconded by Sample and passed unanimously, that the hearing be closed. Motion by de Ases, seconded by Sample and passed --with Luby voting No --to accept the recommendation of the Planning Commission. City Manager Townsend then presented Application #476-9, V. A. Nolen, for a change of zoning from "FR" Farm -Rural District to "RE" Residential Estate District, on a 38.8+ acre tract out of Share 6 of the Harney Partition, located on the south side of Leopard Street immediately east of Western Hills subdivision. He reported that in response to the notification of the requested zoning change three letters have been received in favor, and nine in opposition. He reviewed that the recommendation of the Planning Commission is that the request be approved, and the Planning Staff recommends approval. Chief Planner Larry Wenger presented a land use and zoning map and showed slides of the,location. V MKUFILMED SEP 0 2 1wD Minutes Special Council Meeting May 26, 1976 Page 2 City Manager Townsend pointed out that "RE" zoning has not as yet been applied in this part of the city, and pointed out the precedent involved. He explained that the Staff is against this type of zoning, which allows 1 acre tracts and a 60' right-of-way with no curbs, gutters and sidewalks. He informed the Council that before the lots in "RE" zoning could be reduced in size, all standard requirements must be met. Mayor Luby asked for those from the audience who would like to speak regarding this application, and Mr. Moses Perez, Jr., representing Urban Engineering and the applicant, Mr. V. A. Nolen, informed the Council that the houses will be in the $60,000 to $70,000 price range, and he thinks further dividing of the lots is very unlikely. Speaking in opposition was Mr. Nat Seago, 4122 Western Drive, who reported that Mr. Nolen was given a second chance to speak before the Planning Commission while the residents in opposition were not, and they subsequently had other concerns. He emphasized that the Street Department will have to maintain the ditches and streets In the subdivision, at additional cost to the taxpayer. He presented a petition with 131 signatures of property owners in Western Hills, asking denial of the zoning as proposed, and that the subdivision be in line with Western Hills in order to maintain continuity of the area. Mr. Jim Williams, 11834 Mesa, also spoke against the zoning request. There were 4 others in the audience who were in opposition. Motion by de Ases, seconded by Gulley and passed unanimously, that the hearing be closed. Motion by Gill, seconded by Tipton and passed unanimously, that the application be denied. City Manager Townsend presented Application 11376-7, J. W. Miller, for a change of zoning from "FR" Farm -Rural District to "I-2" Light Industrial District on Tract A and from "FR" Farm -Rural District to "R -1B" One -family Dwelling District on Tract B, both tracts being out of C. C. Hart Partition, located on the south side of Leopard Street (Hwy. 119) at the intersection of Hart Road. He reported that in response to the notification of the requested zoning change, two letters had been received in opposition, and one letter was received in favor of the zoning change on Tract B, but against the zoning change on Tract A. City Manager Townsend explained that the recommendation of the Planning Commission is that "R -1B" be approved for Tract B and "I-2" be denied on Tract A but in lieu thereof a Special Permit be approved on Lots 1, B and E for an expansion of the existing industrial operation according to an approved site plan, and that the remaining portion of Tract A be 0 M ,Sp 1 Council Meeting May 26, 1976 Page 3 1' zoned "R -1B". He stated that on April 27, 1976 the site plan was approved with the standard screening fence to be required when any adjacent area is developed with residential structures. City Manager Townsend added that the recommendation of the Planning Staff is that "I-2" be denied on Tract A and in lien thereof "R -1B" be npprnved; and that "R-111" be approved on Tract 5 as requested. Chief Planner Larry Wenger presented a land use and zoning map and showed slides of the location. City Manager Townsend explained that Mr, Miller had been operating his present business under non -conforming zoning, but now wishes to expand so he had to initiate the zoning request. Mr. Wenger reported that Mr. Miller finds the recommendation of the Planning Commission acceptable. Speaking in opposition was Mr. Henry Clay, who stated he lives right across the street and is very much against the zoning request. He said he thinks the area will be developed for residential uses; that Mr. Miller's business existed when he purchased his property, which was all right; but he is definitely against its expansion and the change in zoning because he feels it would devalue their property. City Manager Townsend advised after reviewing the petition presented on the case that the 20% rule would be in effect on Tract A, so that passage of the ordinance to change the zoning on that tract would require six affirmative votes. Motion by de Ases, seconded by Lozano and passed unanimously, that the hearing be closed. - Motion by Gulley, seconded by Lozano and passed unanimously, to accept the recommendation of the Planning Commission. City Manager Townsend next reviewed Application 111075-7, Henry Ayala, for a change of zoning from "A-2" Apartment House District to "I-2" Light Industrial District on the eastern 135' portion of Lot 14, Block 2, Montrose Park, located on the northwest corner of Buford and 25th Streets. He announced that no letters had been received regarding the requested zoning change. Mr. Townsend explained that the recommendation of the Planning Commission is that it be denied, but in lieu thereof a special permit be approved according to the site plan submitted and approved on April 27, 1976; that the Planning Staff recommends denial on the basis that the proposed use would be an intrusion into that established residential area; however, that the Planning Staff would 'not be opposed to a special permit with a screening fence required,to screen the parking lot and protect the residents along 25th Street. Chief Planner Larry Wenger presented a land use and zoning map and showed slides of the location. Mr. Wenger added that the applicant operates a wrecker service and emergency ambulance service, and uses the property to park and store his equipment. Minutes Special Council Meeting May 26, 1976 Page 4 It was determined that the applicant was not present to speak in support of his request. Motion by de Ases, seconded by Lozano and passed, that Application #1075-7, Henry Ayala, for change of zoning on the eastern 135' portion of Lot 14, Block 2, Montrose Park, be tabled for one week. City Secretary Read was directed to notify the applicant that the application would be considered for action next week with or without his presence. City Manager Townsend presented Application #476-5, Guadalupe Jose Barrera, for change of zoning from "R -1B" One -family Dwelling District to "R-2" Multiple Dwelling District, on Lots 14 & 15, Block 3, Midway Subdivision #1, located on the south side of Yale Street approximately 100' east- of Prescott Street. The request was heard by the Planning Commission April 13, 1976 and forwarded to the Council with the recommenda- tion that it be denied, but in lieu thereof a special permit be approved for a duplex use subject to an approved site plan. The site plan was approved April 27, 1976. Senior Planner Larry Wenger summarized the request, pointed out existing zoning and uses in the surrounding area, and explained that the subject property is presently occupied with a single-family residence with a portion of the lot vacant and the applicant proposes to add an additional kitchen and convert it into a duplex, residing in one apartment and renting the other. He also pointed out that all the lots in this block are 5,000 sq. ft. lots rather than the required 6,000 sq. ft. The applicant, Mr. Guadalupe Jose Barrera, was present and stated he would answer any questions pertaining to his proposal and request. No one appeared in opposition to the foregoing application. Motion by Lozano, seconded by Sample and passed, that the hearing be closed. Motion by Sample, seconded by de Ases and passed, that the recommendation of the Planning Commission be concurred in and Application 11476-5, Guadalupe Jose Barrera, for change of zoning from "R -1B" to "R-2" be denied, but in lieu thereof a Special Permit be approved for a duplex use subject to the site plan approved by the Planning Commission on April 27, 1976. City Manager Townsend presented for the Council's consideration the following ordinances: ORDINANCE NO. 13199 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 WILLIE JACKSON BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON PORTION OF LOT 14, BLOCK 6, COLONIA HIDALGO ADDITION, MORE FULLY DESCRIBED HEREINAFTER, SITUATED IN THE CITY OF CORPUS CHRISTI, rII S A .. 1 Council Meeting , . 'Ma 6, 1976 Page 5 NUECES COUNTY, TEXAS, FROM "R -1B" ONE -FAMILY DWELLING 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, Tipton, de Ases, Gill, Gulley, Lozano and Sample, present and voting "Aye". ORDINANCE NO. 13200 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 GUADALUPE JOSE BARRERA BY GRANTING A SPECIAL PERMIT FOR A DUPLEX USE, ACCORDING TO THE SITE PLAN, APPROVED BY THE PLANNING COMMISSION, SUBJECT TO THE CONDITIONS HEREINAFTER SET FORTH, ON LOTS 14 AND 15, BLOCK 3, MIDWAY SUBDIVISION, 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. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Luby, Tipton, de Ases, Gill, Gulley, Lozano and Sample, present and voting "Aye". There being no further business to come before the Council, on Motion by de Ases, seconded by Lozano and passed, the Special Council Meeting of May 25, 1976 adjourned at 5:15 p.m.