HomeMy WebLinkAboutMinutes City Council - 01/03/1979 - 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
JANUARY 3, 1979
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 and stated that the purpose of the Special Council Meeting is to
conduct public hearings on six zoning applications.
City Secretary Bill G. Read verified that the necessary quorum was present
to conduct a legally constituted meeting.
City Manager R. Marvin Townsend informed the Council that the first five
zoning applications were initiated by the City staff to rezone various tracts of
property to "R -1B" One -family Dwelling District in order to reduce the assessments
associated with street improvement projects in their neighborhoods.
City Manager Townsend announced the public hearing on Application No.
1278-1, City of Corpus Christi, for a change of zoning from "A-2" Apartment
House District to "R -1B" One -family Dwelling District on the southern portion of
Lots 1, 2 and 3, all of Lots 4 thru 8, and 34 thru 37, 38A, 38B, 38C, 40A, 40B,
40C, 40E, and a portion of Lots 39 and 40, Patrick Gardens, located approximately
150 feet south of Morgan Street between Mohawk Street and Virginia Avenue.
Mr. Townsend informed the Council that both the Planning Commission and
the Planning Staff recommend approval and that in response to the notices of the
public hearing, seven in favor and six in opposition had been returned.
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
explained that most of the adjacent property is for single-family dwelling use,
but some multi -family use is included in this area.
City Manager Townsend noted that there were several responses express-
ing opposition to the change of zoning but indicated that the property owners
objecting to the application might not have been aware of the reason for the
zoning application.
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Special Council Meeting
January 3, 1979
Page 2
Council Member Holt suggested the possibility of granting "R -1B" zoning
on the lots that actually are used for single-family dwellings and special permits
for the lots used for other purposes.
City Manager Townsend expressed the opinion that since the type of zoning
that exists in this area allows almost any type of use, the change of zoning to
"R -1B" would be an improvement for the entire area.
Chief Planner Wenger presented photographs of the houses owned by the
property owners who have expressed opposition to this change of zoning. Mr.
Wenger pointed out, however, that the owner of the apartment house did not express
any written opposition to the change of zoning.
No one spoke in regard to this application.
Motion by Diaz that the hearing be closed, seconded by Holt and passed
unanimously.
Motion by Diaz that the Council concur with the recommendation of the
Planning Commission and the Planning Staff and grant the zoning of "R -1B" on
Application No. C1278-1; seconded by Juarez; and passed unanimously.
Mayor Pro Tem Gulley stated that it was his understanding that the property
owners who have the apartments could retain them as non -conforming use but inquired
if the owner would have to pay the higher assessment rate associated with the
street improvements.
City Manager Townsend replied that he was of the opinion that the owner
of the apartments would have to pay the higher assessments as designated for
apartments. (Mr. Townsend later verified this with Mr. James K. Lontos, Director
of Engineering and Physical Development.)
* * * * * * * * * * * *
City Manager Townsend announced the public hearing on Application No.
1278-2, City of Corpus Christi, for a change of zoning from "A-2" Apartment House
District to "R -1B" One -family Dwelling District on all of W. K. Blake Subdivision,
located between Mohawk Street and Blake Street, approximately 300 feet south of
Aztec Street.
Mr. Townsend stated that both the Planning Commission and the Planning
Staff recommend approval and that in response to the notices of the public hearing,
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Special Council Meeting
January 3, 1979
Page 3 '
six in favor and three in opposition had been returned.
Chief Planner Wenger located this area, which is in the same general vicinity
as the property in the preceding application, described the land use in the surround-
ing area, showed slides of the area, and stated that the neighborhood is primarily
single-family dwelling use, with the exception of a few duplexes.
No one 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 Council concur with the recommendation of the
Planning Commission and the Planning Staff and the zoning included in Application
C1278-2 be changed to "R -1B"; seconded by Sample; and passed unanimously.
* * * * * * * * * * * *
City Manager Townsend announced the public hearing on Application No.
C1278-3, City of Corpus Christi, for a change of zoning from "B-4" General
Business District and "R-2" Multiple Dwelling District to "R -1B" One -family
Dwelling District, on Lots 10 and 13, Block 1, and Lots 10, 13, 15 thru 22, and
22B, Block 2, La Reina Subdivision, located on both sides of Sabinas Street,
approximately 67 feet south of Baldwin Boulevard, and at the northwest corner of
Elgin Street and Sonora Street.
Mr. Townsend informed the Council that both the Planning Commission and
the Planning Staff recommend approval, and that in response to the notices of
the public hearing, one in favor and four in opposition had been returned.
Chief Planner 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
explained that this application was also initiated to reduce assessments.
Council Member Holt questioned the feasibility of rezoning the property
which is located adjacent to business zoned property, and Mr. Wenger replied
that this property owner had not responded in opposition to the change of zoning.
Mayor Lozano called for those in the audience who wished to speak in oppo-
sition to this zoning request.
Mr. Carlos M. Garcia, 2706 Carver Drive, stated that his property is
included in this application and he is opposed to the change of zoning because
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Special Council Meeting
January 3, 1979
Page 4
he has owned his home for many years and he has just had it remodeled.
City Manager Townsend explained to Mr. Garcia that his property is pres-
ently zoned "B-4", which means that it can be used for business; the paving
assessment levied against the property will be at the commercial rate; and the
property is recommended for rezoning in order for the property owner to have his
assessment reduced to the residential rate.
Mr. Garcia stated that the street improvements were completed a year ago,
and he has already paid his assessment.
City Manager Townsend then 'stated that there would be no problem in omit-
ting this property from the change of zoning request and suggested that Mr. Garcia
discuss the assessment paid by him with personnel in the Department of Engineering
and Physical Development to determine which assessment rate he has paid.
Motion by Holt that this public hearing be tabled until later in the meet-
ing after Mr. Garcia has had an opportunity to discuss his property and the assess-
ment rate with the staff; seconded by Juarez; and passed unanimously.
* * * * * * * * * * * *
City Manager Townsend announced the public hearing on Application No. C1278-4,
City of Corpus Christi, for a change of zoning from "B-1" Neighborhood Business
District and "A-2" Apartment House District to "R -1B" One -family Dwelling District
on Lots 4 and 5, Block 1, Tom Price Subdivision, and Lot 12, Reynolds Addition lit,
located at the northwest corner of Carver and Sonora Streets, and at the southeast
corner of Blake and Sonora Streets.
Mr. Townsend stated that both the Planning Commission and the Planning Staff
recommend approval on Lot 4, Block 1, Tom Price Subdivision, and Lot 12, Reynolds
Addition 112, but denial on Lot 5, Block 1, Tom Price Subdivision. He informed the
Council that in response to the notices of the public hearing, five in favor and one
in opposition had been returned.
Chief Planner Wenger located the area on the zoning and land use map, des-
cribed the land use in the surrounding area and showed slides of the area.
Council Member Holt, noting that the Commission recommended denial of the
change'of zoning on Lot 5, on which a grocery store is located, inquired as to why
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Special Council Meeting
January 3, 1979
Page 5
they recommended omitting this property rather than rezoning it to "R -1B" and allow-
ing the grocery store to continue to be operated as a non -conforming use. Mr. Holt
pointed out that "B-1" zoning would allow the property owner to install a bar,
lounge, or some other objectionable business use.
City Manager Townsend pointed out that the 20% rule is in effect on this
case.
Council Member Sample noted that the grocery store in question has been
at this location for years.
Mr. Ernest Briones, Director of Planning and Urban Development, pointed
out that it is not a business that could readily be converted to an objectionable
use business because the property also has a residence located on it.
City Manager Townsend informed the Council that since this request is the
City's application, a special permit cannot be issued.
Council Member Juarez expressed the opinion that "R -1B" zoning would be
appropriate and to allow the grocery store to continue to be operated as a non-
conforming use.
Mr. Briones stated that he had discussed this with the property owner, and
he prefers that it remain zoned "B-1."
Council Member Sample stated that he felt that since the grocery store has
been there for so many years and the owner prefers that the zoning not be changed,
the property remain zoned "B-1."
Council Member Gill expressed the opinion that if the property is zoned
"R -1B," the present owner could continue to operate the store, but if the property
is sold, the new owner would not be allowed to operate a business that would be
inappropriate in a residential area.
Council Member Holt indicated that he felt that if the property owner did
not want his property rezoned, then it should not be changed.
Council Member Juarez stated that he grew up in that neighborhood, that he
is familiar with the property, does not feel that the owner plans to sell the property,
but that if the property should be sold and a bar is installed, this would be very
objectionable since a school is located in the vicinity.
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Special Council Meeting
January 3, 1979
Page 6
No one from the audience spoke in regard to this application.
Motion by Gulley that the hearing be closed, seconded by Sample and passed
unanimously.
Motion by Gulley that the Council concur with the recommendation of the
Planning Commission on Application No. C1278-4 and the zoning on Lot 4, Block 1,
Tom Price Subdivision, and Lot 12, Reynolds Addition #2, be changed to "R -1B,"
but that the zoning on Lot 5, Block 1, Tom Price Subdivision, be denied; seconded
by Holt; and passed by the following vote: Lozano, Gulley, Diaz, Holt and Sample
voting "Aye"; Gill and Juarez voting "No."
* * * * * * * * * * * *
City Manager Townsend announced the public hearing on Application No.
C1278-5, City of Corpus Christi, for a change of zoning from "B-1" Neighborhood
Business District and "A-1" Apartment House District to "R -1B" One -family Dwelling
District on Lots 19 thru 24, Block B, and Lots 13 and 14, Block C, Reynolds
Addition, and Lot 12, Block A, and Lots 2 thru 6, Block B, Dunbar Addition,
located at the northwest, southwest and southeast and northeast corners of Carver
Street and Dunbar Street.
Mr. Townsend noted that the Planning Commission recommends denial on Lot 20,
Block B, Reynolds Addition 111, but approval on the remaining lots included in this
request. City Manager Townsend informed the Council that in response to the notices
of the public hearing, four in favor and four in opposition had been returned.
Chief Planner Wenger located the property on the zoning and land use map,
described the land use in the surrounding area, and showed slides of the area.
Council Member Holt inquired if any of the property owners whose property
is recommended for rezoning have expressed opposition to the change of zoning.
Mr. Wenger replied that four of them are opposed to having their property
rezoned. City Manager Townsend reminded the Council that these changes of zoning
requests are the result of property owners having indicated at the street assess-
ment hearing that they wanted to downzone their property in order to receive the
benefit of lower assessments.
Council Member Holt expressed his opposition to rezoning people's property
if they do not want the zoning changed.
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Special Council Meeting
January 3, 1979
Page 7
Council Member Juarez pointed out that if the zoning is not changed to "R -1B,"
the assessments will remain high.
Mrs. Dora Gonzales spoke in opposition to the change of zoning for a piece
of property located on the corner of Carver and Dunbar Streets. She stated that the
property is vacant at this time; it is now zoned "A-1"; and the property owner plans
to construct apartment units there.
Mr. Wenger noted that the 20% rule is in effect.
City Manager Townsend summarized the situation by locating on the map the
pieces of property on which the owners wish to have their property rezoned.
Motion by Holt that the hearing be closed, seconded by Gulley and passed
unanimously.
Motion by Holt that on Application No. C1278-5, only the property be rezoned
to "R -1B" on which the property owners have requested that the zoning be changed and
the property on which the owners did not respond to the notices, with the remainder
of the property in the application to retain the existing zoning; seconded by Diaz;
and passed unanimously.
* * * * * * * * * * * *
City Manager Townsend called to the Council's attention the fact that Mr.
Garcia had returned to the Council Chamber and suggested that the Council consider
Application No. C1278-3, which had been tabled earlier in the meeting.
Motion by Holt that this application be removed from the table, seconded
by Diaz, and passed unanimously.
City Manager Townsend then explained that Mr. Garcia's property was
included in a previous street improvement project and that he is currently paying
assessment for property zoned "B-4."
Motion by Holt that the hearing be closed, seconded by Diaz and passed
unanimously.
Motion by Holt that the Council concur with the recommendation of the
Planning Commission on Application No. C1278-3 except on Lot 10, Block 1, La
Reins Subdivision, and change the zoning on the remaining property to "R -1B";
seconded by Gulley; and passed unanimously.
* * * * * * * * * * * *
Minutes
Special Council Meeting
January 3, 1979
Page 8
City Manager Townsend announced the public hearing on Application No.
1278-6, Floyd H. Buch et ux, for a change of zoning from "R -1B" One -family Dwell-
ing District to "B-4" General Business District on Lot 23, Block 5, Lexington
Estates, located on the west side of Moravian Drive, approximately 105 feet north
of South Padre Island Drive.
Mr. Townsend noted that both the Planning Commission and the Planning
Staff recommend approval and stated 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 area on the zoning and land use map, des-
cribed the land use in the area, showed slides of the area, and stated that the
owner planned to construct a caretaker's residence in conjunction with business
property.
No one spoke in regard to this application.
Motion by Holt that the hearing be closed, seconded by Sample and passed
unanimously.
Motion by Sample that the Council concur with the Planning Commission's
recommendation and approve the zoning of "B-4" for Application No. 1278-6;
seconded by Holt; and passed unanimously.
Motion by Gulley that the Special Council Meeting be adjourned at 4:55 p.m.,
seconded by Holt, and passed unanimously.
NOTE: The ordinances effectuating the changes of zoning for three of the preceding
zoning applications were approved during the Regular Council Meeting of this
same date.
6
I GABE LOZANO, SR., Mayor of the City of Corpus Christi, Texas
certify that the foregoing minutes, same being for the period
of January 3, 1979 through January 31, 1979, inclusive, and having
been previously approved by Council Action, are by me hereby
approved as itemized. f
1/03/79 - Regular Meeting
1/03/79 - Special Meeting
1/10/79 - Regular Meeting
1/10/79 - Special Meeting
1/17/79 - Regular Meeting
1/24/79 - Regular Meeting
1/31/79 - Regular Meeting
1/31/79 - Special Meeting
OZANO R.
of Corpus C
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