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HomeMy WebLinkAboutMinutes City Council - 07/13/1977 - SpecialMINUTES CITY OF CORPUS CHRISTI, TEXAS SPECIAL COUNCIL MEETING JULY 13, 1977 3:30 P.M. PRESENT: Mayor Pro Tem Eduardo E. de Ases Council Members: David Diaz Ruth Gill Bob Gulley Gabe Lozano, Sr. Edward L. Sample L City Manager R. Marvin Townsend Executive Assistant City Attorney ''Michael May ;;• City Secretary Bill G. Read The Special Council Meeting was called to order by Mayor Pro Tem Eduardo' E. de Ases, in the absence of Mayor Jason Luby, at 3:59.p.m. in the Council Chamber of City Hall. City Secretary Read called the roll of required Charter Officers and stated that a quorum was present. City Manager Townsend announced the public hearing on Application #477-2, Mr. G. E. Cothran and Mr. M. L. Shuford, fora change of zoning from "A-1" Apartment House District to "B-1" Neighborhood Business District on Tract 1, and from "A-1" Apartment House District and "B-1" Neighborhood Business District to "B-4" General Business District on Tract 2, both tracts being described as follows: Tract 1: a 0.54± acre tract of land out of Lots 1 and 2, Block 4, Roseland Place, and Tract 2: a 1.66± acre tract of land out of Lots 1 and 2, Blpck 4, Roseland Place, located between Rambler Street and the Crosstown Expressway, north of Horne Road. City Mana- ger Townsend stated that the Planning Commission kias recommended approval of "B-1" on Tract 1 and denial on Tract 2, but in lieu thereo€ that a special permit be granted for mini -storage warehouses with the lighting so arranged so as to not adversely affect the neighborhood; no painted sign on any of the units; with no y 5' curb cuts or unit openings on Rambler Street; and fencing required adjacent to the residential area. City Manager Townsend stated that the Planning Staff has,recommended denial of this application on the basis that this change would eliminate the tfansitional zone. He also stated that in response to the notices sent to property owners in the area, one in favor of the change in zoning had beef+ returned. ; MICROFILMEq_ (SEP 0 31980 .unutes Special Council Meeting July 13, 1977 Page 2 Chief Planner Larry Wenger pointed out the area on the zoning and land use map and explained the existing zoning and land use in the surrounding area. He also presented slides of the area and the proposed site. Mayor Pro Tem de Ases inquired as to what use is planned for Tract 1. Mr. Wenger stated that a car wash facility is proposed for this tract and it will face Horne Road. Council Member Gulley inquired if the recommendation for special permits is designed to control sites and certain uses. Mr. Wenger stated that this is the reason that special permits are recommended. City Manager Townsend stated that the Planning Staff feels that this request should be denied because the area should contain some kind of transitional zoning since it is primarily a residential area. Mr. Clifford Cosgrove, 3302 Olsen, spoke in favor of this change of zoning since he owns adjacent property and stated that he would like to see some develop- ment in the area. No one spoke in opposition to this request. Motion by Gulley that the hearing be closed; seconded by Sample, and passed unanimously. Motion by Sample that the recommendation of the Planning Commission be accepted and the zoning on Tract 1, described as a 0.54± acre tract out of Lots 1 and 2, Block 4, Roseland Place, be changed from "A-1" Apartment House District to "B-1" Neighborhood Business District; and that the zoning request on Tract 2, des- cribed as a 1.66± acre tract out of Lots 1 and 2, Block 4, Roseland Place be denied, but in lieu thereof, a special permit be granted for a mini -storage warehouse. The motion was seconded by Lozano and passed unanimously. Mayor Pro Tem de Ases announced the public hearing on Application #477-4, Mr. Modesto Sanchez, for a change of zoning from "R -1B" One -family Dwelling Dis- tract to "8-4" General Business District on Lot 24, Block 1, Broadmoor Park No. 2, located at the southeast corner of Sarita Street and Baldwin Boulevard. _es Special Council Meeting July 13, 1977 Page 3 Chief Planner Wenger pointed out the area on the zoning and land use map, presented slides of the area; and explained that the site is presently occupied by a residence and an air-conditioning repair service. City Manager Townsend stated that in response to the notices of the public hearing sent to property owners in the affected area, one had been returned in opposition and three in favor. He stated that the Planning Commission has recom- mended denial, but in lieu thereof, a special permit be granted, waiving the screening fence requirement, for an air-conditioning repair service, limited to 1 the present uses on the lot. Mr. Townsend also stated that the Planning Staff has recommended denial on the basis that it would expand and encourage a continuation of business along Baldwin Boulevard. Chief Planner Wenger stated that the business is being operated illegally, thus, the request has been made. Council Member Sample inquired as to the reason some businesses are allowed to operate illegally for such a long period of time before the City Staff is aware of it. City Manager Townsend stated that the building inspector has no way of knowing just what the zoning is on each piece of property in the City, and usually the businesses are noticed when large signs are installed or someone in the neigh- borhood reports the matter to the City. A short disbussion followed in regard to the removal of illegal signs. Mr. Christian Jenkins, 5333 Everhart, representing the applicant, spoke at this time and stated that Mr. Sanchez needs to operate this business to make a living and requested Council approval of the special permit. Mayor Pro Tem de Ases inquired if anyone in the audience would like to speak in regard to this application. No one responded. Mayor Pro Tem de Ases stated that Mr. James Atwill, member of the Planning Commission, was present in the audience to answer any questions the Council might have. Mr. Atwill, 202 Ohio, informed the Council that the Commission had decided that it would be helpful to have one member of the Commission attend the Council meetings when zoning cases are on the agenda and stated that the member in attendance Ates Special Council Meeting July 13, 1977 Page 4 would be glad to provide input on any of the zoning cases. Motion by Lozano that the hearing be closed; seconded by Sample and passed unanimously. Motion by Gill that the Council concur with the recommendation of the Plan- ning Commission and that a Special Permit be granted, waiving the screening fence requirement, for an air-conditioning repair service, on Lot 24, Block 1, Broadmoor Park No. 2; seconded by Lozano, and passed unanimously. Mayor Pro Tem de Ases announced the public hearing on Application #577-3, Island Supply, for a change of zoning from "R -1B" One -family Dwelling District to "B-4" General Business District on Lots 20, 21, 22, 46 and 47, Block 16, Flour Bluff Park, located on Greenbay Drive and McIver Street approximately 150 feet north of South Padre Island Drive. Chief Planner Wenger pointed out the area on the zoning and land use map; presented slides of the area involved; explained the general land use; and stated that this tract is not in the direct flight pattern and is not subject to the high intensity noise. City Manager Townsend stated that no responses had been received as a result of the notices of the public hearing mailed to residents in the affected area. Mr. Michael Kendrick, representing the applicant, addressed the Council at this time and stated that Mrs. Laura June Brewer, 9850 South Padre Island Drive, was present in the audience and is in favor of approval of the change of zoning. Mr. Kendrick stated that the owner of the property plans to construct a hardware store on the tract and this type of facility is needed in the area. Council Member Gulley inquired of the owner, Mr. J. P. Douglas, as to the kind of business conducted by Island Supply. Mr. Douglas informed him that it is a hardware store, marine supply facility and also sells automotive parts. He further stated that the business will front on Padre Island Drive and the side of the property will be used for unloading merchandise. Minutes Special Council Meeting July 13, 1977 Page 5 Motion by Sample that the hearing be closed; seconded by Diaz, and passed unanimously. Motion by Sample that the Council accept the recommendation of the Planning Commission and that the zoning be changed from "R -1B" to "B-4" on Lots 20, 21, 22, 46 and 47, Block 16, Flour Bluff Park; seconded by Lozano, and passed unanimously. Mayor Pro Tem de Ases announced the public -hearing on Application #577-4, H. K. Howard, Trustee, for a change of zoning from "A-2" Apartment House District to "B-5" Primary Business District on Lots 5 and 6, Block 15, Bluff Addition, located at the southeast corner of Carrizo and Comanche Streets. City Manager Townsend stated that the Planning Commission and Planning Staff recommend that "AB" Professional Office District be granted rather than "B-5". Mr. Townsend informed the Council that in response to the public hearing notices, three had been returned in favor of the change of zoning. Chief Planner Wenger located the area on the zoning and land use map; pre- sented slides of the area; and explained the land use in the surrounding area. No one spoke in regard to this application. Motion by Sample that the hearing be closed; seconded by Gulley, and passed unanimously. Motion by Gulley that the recommendation of the Planning Commission be accepted and that the zoning be changed from "A-2" to "AB" on Lots 5 and 6, Block 15, Bluff Addition; seconded by Sample, and passed unanimously. Mr. James Atwill addressed the Council and informed them that the Planning Commission had been confronted with the first major type of zoning change in the Court House area on this case. He suggested that the staff prepare a study of the type of zoning that should be used in the Court House area so that a comprehensive plan could be adopted. City Manager Townsend referred to the minutes of the Planning Commission meeting on this case which indicated that the vacant block to the west of the Court House be considered for a federal building and stated that there is no staff endorsement that a federal building be located in that area. He stated that the _ates Special Council Meeting July 13, 1977 Page 6 staff feels that it would be preferable to have a future federal building located below the bluff and recommended discussion in regard to the location. City Manager Townsend further indicated that the City should plan the zoning pattern for the area, and it would be possible for the City Staff to initiate the change of zoning. Mr. Atwill stated that in view of the fact that the Planning Commission is an advisory group, they would welcome the establishment of guidelines for zoning in the area. Mayor Pro Tem de Ases announced the public hearing on Application #677-1, Collins Catering, Inc., for an Exception to the Screening Fence Requirement along the north and south property lines of Lots 16, 17, 41 and 42, Block 11, Flour Bluff Park, located between Flour Bluff Drive and McDonald Street, approximately 400 feet north of South Padre Island Drive. City Manager Townsend stated that both the Planning Commission and Planning Staff recommend approval of the waiver along the southwest property line and denial along the northeast property line. Mr. Townsend also informed the Council that in response to the public hearing notices, two in favor of the waiver had been returned. Chief Planner Wenger located the area on the zoning and land use map; pre- sented slides of the area; and explained the reason for requiring the screening fence along the northeast property line. No one appeared in connection with this application. Motion by Sample that the hearing be closed; seconded by Diaz, and passed unanimously. Motion by Diaz that the Council concur with the recommendation of the Planning Commission and the Planning Staff and that Exception to the Screening Fence be granted on the southwest property line and be denied on the northeast property line; seconded by Sample, and passed unanimously. Mayor Pro Tem de Ases announced the public hearing on Application #677-2, Clifford Jackson Funeral Home, Inc., for a change of zoning from "R -1B" One -family Dwelling District to "R-2" Multiple Dwelling District on Lot 27-C, Laughlin Subdi- vision, located on the north side of Houston Street, approximately 158 feet east .ates Special Council Meeting July 13, 1977 Page 7 of Kostoryz Road. City Manager Townsend stated that the Planning Commission and the Planning Staff recommend approval of this application and that in response to the public hearing notices mailed to property owners in the area, two in favor of the appli- cation had been returned. Chief Planner Wenger pointed out the area on the zoning and land use map; explained the land use in the surrounding area; and presented slides of the site and the area. No one spoke in opposition to the application. Motion by Lozano that the hearing be closed; seconded by Diaz, and passed unanimously. Motion by Lozano that the recommendation of the Planning Commission be accepted and that the zoning be changed from "R -1B" to "R-2" on Lot 27C, Laughlin Subdivision; seconded by Diaz, and passed unanimously. * * * * * * City Manager Townsend presented the ordinances pertaining to the preceding zoning cases. City Secretary Read polled the Council for their votes, and the following ordinances were approved: ORDINANCE NO. 13838 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 ORD- INANCE AND RESOLUTION RECORDS, AS AMENDED FROM TIME TO TIME AND PARTICULARLY AS AMENDED BY ORDINANCE NO. 6106, AS AMENDED, UPON APPLICATION OF G. E. COTHRAN & M. L. SHUFORD, BY GRANTING A SPECIAL PERMIT FOR MINI -STORAGE WAREHOUSES, ACCORDING TO THE SITE PIAN APPROVED BY THE PLANNING COMMISSION, SUBJECT TO THE CONDITIONS HEREINAFTER SET FORTH ON LOT 5, BLOCK 4, ROSELAND PLACE, 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: de Ases, Diaz, Gill, Gulley, Lozano and Sample voting "Aye"; Luby absent. ORDINANCE NO. 13839 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 G. E. COTHRAN & M. L. SHUFORD BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON LOT 3, BLOCK 4, ROSEIAND PLACE, 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. Sp_ _al Council Meeting July 13, 1977 Page 8 The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: de Ases, Diaz, Gill, Gulley, Lozano and Sample voting "Aye"; Luby absent. ORDINANCE NO. 13840 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 MODESTO SANCHEZ, BY GRANTING A SPECIAL PERMIT WAIVING THE SCREENING FENCE REQUIREMENT, FOR AN AIR-CONDITIONING REPAIR SERVICE, LIMITED TO THE PRESENT USES ON THE LOT, ACCORDING TO THE SITE PIAN APPROVED BY THE PLANNING COMMISSION, SUBJECT TO THE CONDITIONS HEREINAFTER SET FORTH ON LOT 24, BLOCK 1, BROADMOOR PARK NO. 2, SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS; KEEPING IN EFFECT ALL OTHER PROVISIONS OF THE EXISTING ORD- INANCE 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: de Ases, Diaz, Gill, Gulley, Lozano and Sample voting "Aye"; Luby absent. ORDINANCE NO. 13841 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 ORD- INANCE AND RESOLUTION RECORDS, AS AMENDED FROM TIME TO TIME AND PARTICULARLY AS AMENDED BY ORDINANCE NO. 6106, AS AMENDED, UPON APPLICATION OF ISLAND SUPPLY BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON LOTS 20, 21, 22, 46 and 47, BLOCK 16, FLOUR BLUFF PARK, SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "R -1B" ONE FAMILY DWELLING 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: de Ases, Diaz, Gill, Gulley, Lozano and Sample voting "Aye"; Luby absent. ORDINANCE NO. 13842 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 H.K. HOWARD, TRUSTEE, BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON LOTS 5 AND 6 BLOCK 15, BLUFF ADDITION, SIT- UATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "A-2" APARTMENT HOUSE 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: de Ases, Diaz, Gill, Gulley, Lozano and Sample voting "Aye"; Luby absent. ORDINANCE NO. 13843 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 COLLINS CATERING, INC., FOR AN EXCEPTION TO THE STANDARD SCREENING FENCE REQUIREMENT ALONG THE SOUTHWEST PROPERTY LINES OF LOTS 16, 17, 41 and 42, BLOCK 11, FLOUR BLUFF PARK, 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 Special Council Meeting July 13, 1977 Page 9 The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: de Ases, Diaz, Gill, Gulley, Lozano and Sample voting "Aye"; Luby absent. ORDINANCE NO. 13844 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 CLIFFORD JACKSON FUNERAL HOME, INC. BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON LOT 27-C, IAUGHLIN SUB- DIVISION, SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "R -1B" ONE -FAMILY DWELLING DISTRICT TO "R-2" MULTIPLE DWELLING 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: de Ases, Diaz, Gill, Gulley, Lozano and Sample voting "Aye"; Luby absent. The Special Council Meeting was adjourned at 5:10 p.m. July 13, 1977, at which time the Regular Council Meeting was reconvened. I, BILL TIPTON, MAYOR PRO TEM of the City of Corpus Christi, Texas, certify that the foregoing minutes, having been previously approved by Council action are by me hereby approved, as itemized. Tipton, —. yor [ r ' Tem City of Corpus Chr'sti Special Council mtg. 7/19/76 Special Council mtg. 7/26/76