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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. MICROFILek119* Minutes 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, Minutes 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 Minutes 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 Minutes 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. Minutes 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. Minutes 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 MICROFiI, ' '