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HomeMy WebLinkAboutMinutes City Council - 09/29/1976 - SpecialMINUTES CITY OF CORPUS CHRISTI, TEXAS SPECIAL COUNCIL MEETING SEPTEMBER 29, 1976 3:30 P.M. PRESENT: Mayor Jason Luby Mayor Pro Tem Bill Tipton Council Members: Eduardo E. de Ases Ruth Gill Bob Gulley Gabe Lozano, Sr. Edward Sample Assistant City Manager Archie Walker 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 present for the meeting. Assistant City Manager Walker announced the first public hearing on Application #876-5, Janet Ettel, for change of zoning from "R-2" Multiple Dwelling District to "AB" Professional Office District, on Lots 48 and 49, Block 808, Port Aransas Cliffs, located on the east side of South Alameda Street midway between Texas and Angel Avenues. He stated that the recommendation of the Planning Commission is that "AB" be denied, but in lieu thereof a special permit be approved for a real estate office with an apartment on the second floor subject to an appropriate site plan indicating adequate off-street parking with a waiver of the screening fence along the north property line; and that a site plan which met the requirements was approved on August 31, 1976. He added that the recommendation of the Planning Staff is that it be denied; and reported that in response to the notices of the requested zoning change, 11 letters were received in favor and two in opposition. Chief Planner Larry Wenger described the surrounding land uses and zoning. Council Member Gill inquired why the Staff opposed granting the special permit; Mr. Wenger replied that it would generate additional rezoning requests in the area. There was no one in the audience in opposition. Motion by de Ases, seconded by Sample and passed unanimously, that the hearing be closed. Motion by Gulley, seconded by de Ases and passed --with Tipton, Gill and Sample voting No --to approve the special permit as recommended by the Planning Commission. Assistant City Manager Walker announced the second public hearing on Application #876-10, W. A. Blanton, Jr., for change of zoning from "R -1B" One -family Dwelling District to "AB" Professional Office District, on Lot 35, Block 6, Alameda Park, located on the east side of Everhart Road, 192 feet south of Avalon Street. He explained that the recommendation of the Planning Commission and Staff is that the request be denied, Minutes Special Council Meeting September 29, 1976. Page 2 and that it would require five votes to override that denial. He also reported that in response to notices of the public hearing regarding the application, five letters have been received in favor and one in opposition. Chief Planner Wenger described the surrounding zoning and land uses. Mr. Walker added that the Staff feels very strongly that granting this request for "AB" zoning would begin the deterioration of a strong residential area. Mayor Luby called for those from the audience in opposition, and Dr. Ray Govett, 4146 'Harry, told the Council his residence was beyond the notification limit, but he wanted to speak in opposition to this zoning change. He said the same person attempted to rezone the entire block last year; that the surrounding property owners protested the request and it was denied; and that he thinks the person is now trying to do the same thing by rezoning one or two lots at a time. He pointed out that children must cross Everhart to go to school; and that the traffic problem On Aberdeen Street would be increased also. He said he could not see any way that the City would benefit to have a solid residential neighborhood broken up by businesses; that the entire both sides of the street are residential and he firmly believes they should stay that way. The applicant, Mr. W. A. Blanton, stated this was his third appearance to get the property rezoned. He explained that he presently operates a pest control service elsewhere in the.city but wishes to expand and move his business to this location., He stressed that there would be no selling of merchandise and no customer traffic; he promised he would not resell the property. Mr. Blanton showed slides of the surrounding properties; he further stated he feels he has been discriminated against as a small businessman. He emphasized that he stores his supplies elsewhere; and that he would have a covered building in the rear of the lot in which to park the trucks. Motion by Gill, seconded by Gulley and passed unanimously, that the hearing be closed. Motion by Gill,'seconded by Sample and passed unanimously, to follow the recommendation of the Planning Commission that the request for change in zoning be denied. Minutes Special Council Meeting September 29, 1976 Page 3 Assistant City Manager Walker then announced the public hearing on Application #876-11, Emil G. Habeeb, for change of zoning from "B-1" Neighborhood Business District to "B-4" General Business District, on the east 80 feet of Lot 24 and all of Lot 25, Block 1, Candlewood 1, located on the south side of Padre Island Drive 250 feet west of Clare Drive. He stated that the recommendation of the Planning Commission and Staff is for approval; that in response to notices of the public hearing, three had been received in favor. Chief Planner Wenger described the surrounding zoning and land uses. Motion by Tipton, seconded by de Ases and passed unanimously, that the hearing be closed. Motion by Tipton, seconded by Lozano and passed unanimously, to accept the recommendation of the Planning Commission and Staff that "B-4" be approved. Assistant City Manager Walker presented the following ordinances relative to the two zoning cases which passed: ORDINANCE NO. 13429 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 JANET ETTEL, BY GRANTING A SPECIAL PERMIT FOR A REAL ESTATE OFFICE WITH AN APARTMENT ON THE SECOND FLOOR, SUBJECT TO AN APPROPRIATE SITE PLAN INDICATING ADEQUATE OFF-STREET PARKING WITH A WAIVER OF THE SCREENING FENCE ALONG THE NORTH PROPERTY LINE, SUBJECT TO THE CONDITIONS HEREINAFTER SET FORTH ON LOTS 48 AND 49, BLOCK 808, PORT ARANSAS CLIFFS 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, de Ases, Gulley and Lozano, present and voting "Aye"; Tipton, Gill and Sample, present and voting "Nay". ORDINANCE NO. 13430 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 EMIL G. HABEEB BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON A PORTION OF LOT 24 AND ALL OF LOT 25, BLOCK 1, CANDLEWOOD 1, SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "B-1" NEIGHBORHOOD BUSINESS DISTRICT TO "B-4" GENERAL 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 anthvoting "Aye". There being no further business at this Special Meeting, Mayor Luby adjourned the meeting at 4:13 p.m.