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HomeMy WebLinkAboutMinutes City Council - 01/31/1979 - SpecialPRESENT: Mayor Gabe Lozano, Sr. Mayor Pro Tem Bob Gulley Council Members: David Diaz Ruth Gill Joe Holt Tony Juarez, Jr. Edward L. Sample • MINJTES CITY OF CORPUS CHRISTI, TEXAS SPECIAL COUVCIL MEETING JANUARY 31, 1979 3:45 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 )f the Special Council Meeting was 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 announced the public hearing on Application No. C179-1, City of Corpus Christi, for a change of zoning from "I-2" Light Indus- trial District, "B-1" Neighborhood Business District, "A-2" Apartment House District and "R-2" Multiple Dwelling District to "R -1B" One -family Dwelling District on Lots 37-72, Block 4, all of Blocks 9, 10 and 11, Lots 1-68, Block 12, Steele Addition, all of Block 1, Lots 1 thru 16, and 25 thru 40, Biock 2, Lots 1 thru 33, Block 3, Lots 1 thru 14, Biock 4, San Pedro Addition, Lots 1 thru 12, Block 2, Kosar Addition, Lots 1 thru 19, Block 6, and all of Block 7, Montrose Addition, located between Highland Avenue and Agnes Street and Dolores Avenue and Harmon Avenue. City Manager Townsend informed the Council that the Planning Commission recommends approval, but the Planning Staff has revised their original recommen- dation for approval on all of the lots after some of the property owners indicated their opposition. Mr. Townsend explained that this application is the result of a petition of a number of property owners which was received following the public hearing on paving assessments and is designed to reduce the amount of those assess- ments on property that is zoned for some use other than residential and is used for one -family dwellings. Mr. Townsend stated that a number of responses to the notices of the public hearing had been received, both in favor and in opposition, and he passed them to the Council for their information. not in effect. He verified that the 20% rule is M1CR0_10 Minutes Special Council Meeting January 31, 1979 Page 2 Mr. Larry Wenger, Chief Planner, located the areas on the zoning and land use map, explained the various categories; of zoning in the area, showed slides of the area, and informed the Council that the primary use of the property is for single-family residences. City Manager Townsend explained that if the application for lesser zoning is approved, structures that will be considered non -conforming use would be allowed to remain and even be expanded 10%. He rointed out that this area is platted in 25 -foot lots, which is the size lots that would accommodate single-family residences but not apartments or business uses. City Manager Townsend informed the Council that following the response from various property owners opposed to the change of zoning, the staff has now revised their recommendation and now recommends that several pieces of property retain their existing zoning and other tracts be changed to various other zoning to reflect the existing uses. He located these areas on the map and explained the use of the property. Mayor Lozano invited comments or questions from members of the audience who are opposed to this revised recommendation. Mr. Leon Brand, 815 South Port, spoke in opposition to the recommended zoning, stating that he owns several small lots in the area which contain small rent houses; however, in the future, he proposes to remove them and develop apart- ment house units and he prefers to retain the "A-2" zoning. Mayor Pro Tem Gulley expressed the opinion that Mr. Brand's zoning should not be changed if he does not wish it changed. Council Member Juarez agreed with Mr. Gulley. Mr. Brand assured the Council that he is willing to pay the higher paving assessment required by "A-2" zoning. City Manager Townsend pointed out that the types of streets being construc- ted in the area are the kind designed for single-family structures and are not designed for the heavy traffic generated by users of apartment houses. He also noted that Mr. Brand's property backs up to some new single-family residences. Mayor Pro Tem Gulley stated that the Council was trying to accommodate the people in the area in order to give them a lower paving assessment. Mr. Gulley . es Special Council Meeting January 31, 1979 Page 3 reiterated that if Mr. Brand does not wait his property rezoned, the Council should not change the zoning. Motion by Gulley that the Council exclude the south 60 feet of Lots 1 and 2, all of Lote 70 thru 72, Block 10, and Lots 1 thru 12, Block 11, Steele Addition, all of which property is owned by Mr. Brand, and allow those lots to retain the existing zoning; seconded by Juarez; and passed unanimously. Speaking in favor of the staff recommendation was Ms. Mary Lou Martinez, who is with the Nueces County Community Action Agency. Ms. Martinez stated that she is speaking on behalf of twelve property owners from this area who are in favor of the recommended changes of zoniig. Ms. Martinez located an area across from an apartment complex where large dump trucks are parked, pointing out that such use is a nuisance in the neighborhood. She explained that the people resid- ing between Morris and Harmon Streets are opposed to Mr. Brand's plan to construct apartment houses in the neighborhood because of the problems that might be created. In reply to Ms. Martinez' concern about the dump trucks that are parked in the area, City Manager Townsend explained that if the trucks are used to trans- port people to and from work, there is nothing that the City can do to prohibit the practice of parking them there. City Manager Townsend again pointed out that the lots under discussion are 25 -foot lo:s and are designed for single-family dwellings. There was no further discussion on this zoning application. Motion by Holt that the hearing be closed, seconded by Juarez, and passed unanimously. Motion by Holt that on Application No. C179-1 that the Council concur with the revised staff recommendation, with tie exception of Mr. Brand's property, and that the following zoning be approved: From "I-2" to "A-2" on Lots 37 thru 45, Block 4, Steele Addition; and from "I-2" to "R -1B" on Lots 46 thru 62, Block 4, Steele Addition; from "I-2" to "B-4" on Lots 63 thru 72, Block 4, Steele Addition; from "A-2" to "R -1B" on all of Block 9; :he north one-half of Lote 1 and 2, all of Lote 9 thru 69, Block 10, Lots 13 thru 36 and 41 thru 72, Block 11, and Lots 1 thru 66, Block 12, all of Steele Addition; from "I-2" to "R -1B" on Lots 1 thru 16 and 25 thru 40, Block 2, and Lots 1 thru 14, Block 4, San Pedro Addition; and Ates Special Council Meeting January 31, 1979 Page 4 from "A-2" and "B-1" to "R -1B" on all of Block 1, and from "A-2" to "R -1B" on Lots 1 thru 33, Block 3, San Pedro Addition; from "A-2" to "R -1B" on Lots 1 thru 9, Block 2, Kosar Addition; and from "B-1" to "R -1B" on Lots 2 thru 5 and Lots 7 thru 16, Block 7, Montrose Addition; from "A-2" to "R -1B" on Lots 1 thru 12, Block 6, and from "A-2" to "R-2" on Lots 13 thru 17, Block 6, Montrose Addition. The motion was seconded by Juarez and passed unanimously. * * * * * * * * * * * * City Manager Townsend announced the public hearing on Application No.' 179-2, Mr. Edmund M. Hunt, Jr., for a change of zoning from "F -R" Farm -Rural District to "B-4" General Business District on a portion out of Lot 17, Section 12, Flour Bluff & Encinal Farm & Garder. Tract (90' x 210'), located on the east side of South Staples Street, approximately 100 feet south of Wooldridge Road. Mr. Townsend noted that both the Planning Commission and the Planning Staff recommend approval and stated that there was no response to the notices of the public hearing. Chief Planner Wenger located the site 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 to develop the area for uses permitted under "B-4" zoning. No one spoke in regard to this application. Motion by Sample that the hearing be closed, seconded by Juarez and passed unanimously. Motion by Sample that the Council concur with the recommendation of the Planning Commission and that the zoning of "8-4" be approved on Application No. 179-2; seconded by Juarez; and passed unanimously. * * * * * * * * * * * * City Manager Townsend announced the public hearing on Application No. 179-3, Cliff Zarsky-Texan Homes, Inc., for a change of zoning from "F-4" Farm - Rural District to "R -1B" One -family Dwelling District on Tract A, and from "F -R" Farm -Rural District to "R-2" Multiple Dwelling District on Tract B, Tract A consisting of 28.6± acres, and Tract B consisting of 9.7± acres, both tracts cea Special Council Meeting January 31, 1979 Page 5 out of Lots 3 and 4, Section 19, Flour B:.uff and Encinal Farm and Garden Tracts, located between Holly Road and the drainage easement, approximately 630 feet west of Hereford Street. City Manager Townsend informed Cie Council that both the Planning Commission and the Planning Staff recommend approval. He stated that in response to the notices of the public hearing, three in favor and none in opposition had been returned. Chief Planner Wenger located the site on the zoning and land use map, described the land use in the surroundins, area, showed slides of the area and, stated that the owner plans the developmlnt of single-family residences and multi- family dwellings. No one spoke in regard to this a7plication. Motion by Sample that the hearin; be closed, seconded by Juarez, and passed unanimously. Motion by Gulley that the Council concur with the recommendation of the Planning Commission and approve the zoning of "R -1B" on Tract A and "R-2" on Tract B; seconded by Diaz; and passed unanimously. * * * * * * * * * * * * City Manager Townsend announced the public hearing on Application No. 179-4E, Mr. W. W. Dominy, for an ExceptiDn to the Screening Fence Requirement along the west and east property lines of Lot 9, Brown Lex Tract, located on the north side of Old Brownsville Road, approximately 1,400 feet west of North Padre Island Drive. City Manager Townsend stated 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 none in opposition had been returned. Chief Planner Wenger located the area involved on the zoning and land use map, described the land use in the surrounding area, showed slides of the area and stated that the adjoining land was zoned "R -1B" at the time it was annexed to the City and is presently vacant. Mr. Wenger informed the Council that the owner of the adjacent property does not object to the waiver of the screening fence requirement because he plans to apply for rezoning of his property to industrial zoning. No one spoke in regard to this application. ces Special Council Meeting January 31, 1979 Page 6 Motion by Sample that the hearin;; be closed, seconded by Juarez and passed unanimously. Mayor Lozano recognized Mr. Home: Johnson, representative of the Planning Commission, and inquired if he had any comments on this case. Mr. Johnson explained that this area seems to be ideal for industrial use, and since both lots adjacent to this pro_)erty will be used for industrial develop- ment, the Planning Commission recommended the waiver of the screening fence. Motion by Holt that the Council zoncur with the recommendation of the' Planning Commission and the Planning Staff and approve the request for the excep- tion to the Screening Fence Requirement for Application No. 179-4E; seconded by Juarez; and passed unanimously. * * * * * * * * * * * * City Manager Townsend announced the public hearing on Application No. 179-5, Mr. C. E. Erwin, for a change of zoning from "R -1B" One -family Dwelling District to "B-4" General Business District on Lots A, B and C, Oso Bay Business Center, located at the northwest corner of South Padre Island Drive (State Highway 358) and Southbay Drive. City Manager Townsend stated that both the Planning Commission and the , Planning Staff recommend denial of "B-4" zoning and in lieu thereof, "B-3" zoning be granted. He also 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 tract on the zoning an4 land use map, described the land use in the surroundirr3 area, showed slides of the area, and stated that the prospective purchaser, Gilf Coast Marine, plans to utilize the land for a boat and accessory sales service and storage business. Council Member Holt inquired about the difference between "B-4" zoning and "B-3" zoning, and City Manager Townsend replied that houses are not allowed in "8-3" zoning. Mr. Wenger informed the Council that the applicant has agreed to accept t the "8-3" zoning. No one spoke in regard to this application. Motion by Sample that the hearing be closed, seconded by Diaz and passed unanimously. ._.Lutes Special Council Meeting January 31, 1979 Page 7 Motion by Sample that the Council concur with the recommendation of the Planning Commission and deny the zoning request for "B-4" but in lieu thereof, approve the zoning of "B-3"; seconded by Diaz; and passed unanimously. * * * * * * * * * * * * City Manager Townsend announced the public hearing on Application No. 179-6, R. L. and B. J. Clark, for a change of zoning from "R -1B" One -family Dwelling District to "B-4" General Business District on Lots 7 thru 15, Block 25, Calallen Subdivision, located between Railroad Avenue and Leopard Street,' north of East Buckhorn Street. City Manager Townsend stated that the Planning Commission recommends approval with a waiver of the standard screening fence requirement along the north property line, and the Planning Staff recommends approval on the basis that the property is between "B-4" and "1-2" zoning and will be a logical extension of business zoning. Mr. Townsend also informed the Council that in response to the notices of the public hearing, one in opposition and none in favor had been returned. Chief Planner Wenger located the tract on the zoning and land use map, described the land use in the surrounding area, showed slides of the area and stated that the owners plan to extend commercial uses on Lots 1 thru 5 which are zoned "B-4." No one spoke in regard to this a -plication. Motion by Holt that the hearing be closed, seconded by Sample and passed unanimously. Motion by Diaz that the Council concur with the Planning Commission's recommendation and approve the zoning of "B-4" on Application No. 179-6; seconded by Sample and passed unanimously. * * * * * * * * * * * * City Manager Townsend presented the ordinances effecting the zoning changes in the preceding cases; City Secretary Read polled the Council for their votes; and the following ordinances were approved: M.. _es Special Council Meeting January 31, 1979 Page 8 ORDINANCE NO. 14753: AMENDING THE ZONING ORDINANCE OF THE CITY OF CORPUS CHRISTI ADOPTED ON THE 27TH DAY OF AUGUST, 1937, APPEARING OF RECORD IN VOLU1IN 9, PAGES 565, ET SEQ, OF THE ORDINANCE AND RESOLUTION RECORDS, AS AMENDED FROM TIME "0 TIME AND PARTICULARLY AS AMENDED BY ORDINANCE NO. 6106, AS AMENDED, UPON APPL':CATION OF EDMUND M. HUNT, JR., BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON . PORTION OUT OF LOT 17, SECTION 12, FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS, SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "F -R" FARM-RURIL 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 passed by the following vote: Lozano, Gulley, Diaz, Gill, Holt, Juarez and Sample voting "Aye". ORDINANCE NO. 14754: 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 T:=ME TO TIME AND PARTICULARLY AS AMENDED BY ORDINANCE NO. 6106, AS AMENDED, UPON APPL:CATION OF CLIFF ZARSKY-TEXAN HOMES, INC. BY AMENDING THE ZONING MAP BY CHANGING TH3 ZONING ON TRACTS A AND B, OUT OF LOTS 3 AND 4, SECTION 19, (38.3+ ACRES), FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS, SITUATED IN THE CITY OF CORPUS CHRISTI, NIECES COUNTY, TEXAS, FROM "F -R" FARM -RURAL DISTRICT TO "R -1B" ONE -FAMILY DWELLING DISTRICT FOR TRACT A AND "R-2" MULTIPLE DWELLING DISTRICT FOR TRACT B; KEEPING IN EFFECT AIL 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 passed by the following vote: Lozano, Gulley, Diaz, Gill, Holt, Juarez and Sample voting "Aye". ORDINANCE NO. 14755: 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 W. W. DOMINY, FOR AN EXCEPTION TO THE STANDARD SCREENING FENCE REQUIREMENT, ON THE WEST AND EAST PROPERTY LINES OF LOT 9, BROWN LEX TRACT, 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 passed by the following vote: Lozano, Gulley, Diaz, Gill, Holt, Juarez and Sample voting "Aye". ORDINANCE NO. 14756: AMENDING THE ZONING ORDINANCE OF THE CITY OF CORPUS CHRISTI ADOPTED ON THE 27TH DAY OF AUGUST, 1937, APPEARING OF RECORD IN V)LUME 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 C. E. ERWIN BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON LOTS A, B AID C, OSO BAY BUSINESS CENTER, SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "R -1B" ONE -FAMILY DWELLING DISTRICT TO "B-3" BUSINESS DISTRICT; KEEPLNG 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 passed by the following vote: Lozano, Gulley, Diaz, Gill, Holt, Juarez and Sample voting "Aye". Special Council Meeting January 31, 1979 Page 9 ORDINANCE NO. 14757: 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 T:ME TO TIME AND PARTICULARLY AS AMENDED BY ORDINANCE NO. 6106, AS AMENDED, UPON ADPL::CATION OF R. L. CLARK AND B. J. CLARK BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON LOTS 7 THRU 15, BLOCK 25, CALALLEN SUBDIVISION, SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "R -1B" ONE -FAMILY DWELLING DISTRICT TO "B-4" GENERAL BUSINESS DISTRICT WITH A WAIVER OF THE STANDARD SCREENING FENCE REQUIREMENT ALONG THE NORTH PROPERTY LINE; 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 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 during this Special Council Meeting, Mayor Lozano declared the meeting adjourned at 4:50 p.m., January 31, 1979.