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HomeMy WebLinkAboutMinutes City Council - 09/06/1978 - SpecialPRESENT: Mayor Gabe Lozano, Sr. Mayor Pro Tem Bob Gulley Council Members: David Diaz Ruth Gill Joe Holt Tony Juarez, Jr. Edward L. Sample MINUTES CITY OF CORPUS CHRISTI, TEXAS SPECIAL COUNCIL MEETING SEPTEMBER 6, 1978 3:30 P. M. City Manager R. Marvin Townsend City Attorney J. Bruce Aycock City Secretary Bill G. Read Mayor Gabe Lozano, Sr. called the meeting to order in the Council Chambers of City Hall. City Secretary Bill G. Read stated that the necessary quorum of required Charter Officers was present to conduct a legally constituted meeting. City Manager R. Marvin Townsend suggested that the first two zoning appli- cations be considered at the same time since they involve lots that are adjacent. Mr. Townsend announced the public hearing on Application No. 878-3, William B. Ewing and Elmo V. Jackson, for a change of zoning from "R -1B" One -family Dwell- ing Districtto "B-1" Neighborhood Business District on Lot 27, Block 6, Koolside Addition, located on the east side of Dorthy Drive, approximately 100 feet south of Gollihar Road. City Manager Townsend also announced the public hearing on Application No. 878-4, Mr. Clay Morgan, for a change of zoning from "R -1B" One -family Dwelling District to "B-1" Neighborhood Business District on Lot 26, Block 6, Koolside Addition, located at the southeast corner of Dorthy Drive and Gollihar Road. Mr. Townsend stated that both the Planning Commission and the Planning Staff recommend denial of the "B-1" zoning on both applications but recommend that in lieu thereof, "AB" be granted. He informed the Council that in response to the notices of the public hearings, four in favor and none in opposition had been returned on both appli- cations. fl Chief Planner Larry Wenger located the area on the zoning and land use map, described the land use in the surrounding area, showed slides of the area, and stated that the planned use for Lot 27 is for a parking lot for a restaurant to be located at 901 Airline. ___nutes Special Council Meeting September 6, 1978 Page 2 One of the applicants, Mr. William B. Ewing, stated that "AB" zoning would be acceptable. No one else spoke in regard to this application. Motion by Holt that the hearing be closed, seconded by Sample, and passed unanimously. Motion by Holt that the request for change of zoning to "B-1" be denied on Application No. 878-3, but in lieu thereof, "AB" zoning be approved; seconded by Diaz; and passed unanimously. Mayor Lozano called on the applicant to speak on Application No. 878-4. Mr. Clay Morgan addressed the Council and informed them that he has tenta- tive plans for a professional office building, and he prefers "B-1" zoning because of the setback regulation included in "AB" zoning. He stated that the lot involved is too small to install a business that generates a large amount of traffic. Mayor Lozano asked Mr. Morgan if he would not have to have the same parking space in "B-1" zoning. Mr. Morgan replied that he can comply with the parking requirements if he does not have to maintain the 10 -foot setback requirement at the rear of the lot as required in "AB" zoning. Mr. Wenger explained that in "AB" zoning, a 10 -foot setback is required at the rear and side of the property; but in "B-1" zoning, only a 5 -foot setback is required if the subject property backs up to other business zoned property. Council Member Gill suggested that a special permit be considered with the stipulation that the building will be limited to "AB" use and a waiver of the set- back requirement approved, subject to approval of a site plan. City Manager Townsend agreed that a special permit would accomplish the goal that Mr. Morgan wanted. Mr. Morgan stated that he would accept any type of zoning that would solve the problems involved in his proposed building. Mayor Pro Tem Gulley explained that approval of a site plan would be required with a special permit. Mr. Morgan inquired if there is a time limit associated with a special permit, and City Manager Townsend replied that the usual procedure sets a time limit of one year. _ _ates Special Council Meeting September 6, 1978 Page 3 Mr. Morgan stated that a special permit would be acceptable to him, and Mayor Lozano suggested that he discuss the submission of a site plan with the staff of the Planning Department. No one spoke in opposition to this zoning case. Mr. Arthur Ramirez, representing the Planning Commission, commented on this application and stated that the Commission recommended "AB" zoning because this would be consistent with the existing use and would protect the residential neighborhood in the surrounding area. Motion by Diaz that the hearing be closed, seconded by Holt, and passed unanimously. Motion by Gill that the zoning of "B-1" be denied on Application No. 878-4, but in lieu thereof, approve a special permit in conformity with "AB" uses, subject to the approval of a site plan; seconded by Holt; and passed unanimously. * * * * * * * * City Manager Townsend announced the public hearing on Application No. 878-5, Mr. Lincoln M. Ganoung, for a change of zoning from "R -1B" One -family Dwelling District to "AB" Professional Office District on the west 10 feet of Lot 9 and east 60 feet of Lot 10, Block 2, Koolside Addition, located on the north side of McArdle Road, approximately 575 feet east of Lum Avenue. Mr. Townsend noted that both the Planning Commission and the Planning Staff recommend approval and informed the Council that in response to the notices of the public hearing, two in opposition and one in favor had been returned. Chief Planner Wenger located the property on the zoning and land use map, described the land use in the surrounding area, showed slides of the area, and stated that the owner plans the establishment of a small office on the property. No one spoke in regard to this zoning application. Motion by Sample that the hearing be closed, seconded by Holt, and passed unanimously. Motion by Holt that "AB" zoning on Application No. 878-5 be approved, as recommended by the Planning Commission; seconded by Gulley; and passed unanimously. * * * * * * * * ..utes Special Council Meeting September 6, 1978 Page 4 City Manager Townsend announced the public hearing on Application No. 878-6E, Ms. Luella Hewitt for an Exception to the Screening Fence Requirement along the rear of Lot 6, Block G, Lexington Place, located between South Padre Island Drive and South Park Junior High School. Mr. Townsend informed the Council that both the Planning Commission and the Planning Staff recommend approval of this request. He also stated that the only response received on this application was from South Park Junior High School which indicated that they are in favor of this waiver. Chief Planner Wenger located the area on the zoning and land use map, noting that it is adjacent to the Junior High School; described the land use in the sur- rounding area; and showed slides of the area. Mr. Wenger informed the Council that a paint and body shop is located on the far front edge of the lot, and a chain link fence is already in existence on the lot. No one spoke in regard to this application. Motion by Sample that the hearing be closed, seconded by Holt, and passed unanimously. Motion by Sample that the Council accept the Planning Commission's recom- mendation and approve the waiver of the Screening Fence Requirement on Application No. 878-6E; seconded by Diaz; and passed unanimously. City Manager Townsend presented the ordinances effectuating the changes approved on the foregoing zoning applications; City Secretary Read polled the Council for their votes; and the following ordinances were approved: ORDINANCE NO. 14496: 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 WILLIAM B. EWING AND ELMO V. JACKSON BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON LOT 27, BLOCK 6, KOOLSIDE ADDITION, 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: Lozano, Gulley, Diaz, Gill, Holt, Juarez, and Sample voting "Aye". . .ates Special Council Meeting September 6, 1978 Page 5 ORDINANCE NO. 14497: 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 LINCOLN M. GANOUNG BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON THE WEST 10 FEET OF LOT 9, AND EAST 60 FEET OF LOT 10, BLOCK 2, KOOLSIDE ADDITION 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: Lozano, Gulley, Diaz, Gill, Holt, Juarez, and Sample voting "Aye". ORDINANCE NO. 14498: AMENDING THE ZONING ORDINANCAE 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 LUELLA HEWITT FOR AN EXCEPTION TO THE STANDARD SCREENING FENCE REQUIREMENT BETWEEN LOT 6, BLOCK G, LEXINGTON PLACE, AND SOUTH PARK JUNIOR HIGH SCHOOL, ALONG THE NORTHEAST BOUNDARY LINE OF SAID LOT 6, 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: Lozano, Gulley, Diaz, Gill, Holt, Juarez, and Sample voting "Aye". * * * * * * * * There being no further business to come before the Council, on motion by Diaz, seconded by Sample, and passed unanimously, the Special Council Meeting was adjourned at 4:10 p.m., September 6, 1978. I, GABE LOZANO,SR., Mayor of the City of Corpus Christi, Texas, certify that the foregoing minutes, same being for the period of ' .:September 6, 1978 through September 27, 1978, inclusive, and having been p`rev`iously approved by Council Action, are by me hereby approved, as itemized. 9/06/78 - Regular Meeting 9/06/78 - Special Meeting 9/13/78 - Regular Meeting 9/20/78 - Regular Meeting 9/20/78 - Special Meeting 9/27/78 - Regular Meeting