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HomeMy WebLinkAboutMinutes City Council - 02/17/1961 - SpecialPRESENT: Mayor Ellroy King Commissioners: Dr. James L. Barnard Mrs. say Airheart. Joseph B. Dunn Patrick J. Dunne K. A. Humble Gabe Lozano, Sr. SPECIAL COUNCIL MEETING February 17, 1961 7:00 P.M. City Manager Herbert W. Whitney City Attorney I. M. Singer City Secretary T. Ray Kring • Mayor Ellroy King called the special meeting to order, read the published notice of the public hearing on the new proposed zoning ordinance, and announced that the Council would hear from all persons who desired to comment and be heard. W. K. Price requested that Article 21, Section 9 of'the present zoning ordinance, which has been deleted from the new proposed ordinance, be put back in the new ordinance. Mayor King read the article which refers to an existing use at the time of passage of the ordinance being considered thereafter as a conforming use under certain conditions. Mayor King asked John I. Cofer, of Harland Bartholomew & Associates, and William Anderson, Director of Zoning & Planning, if they wished to comment. Mr. Anderson explained that the effectt of including the foregoing would be to permit these nonconforming uses to be expanded without need for appearance before the Board of Adjustment, that Article 26 of the proposed ordinance deals with nonconforming uses which can be expanded by making application to the Board of Ad- justment which was felt wise to have expansions reviewed. Paul Vogler requested that the area between Omaha Drive and Villa Drive, which is presently zoned "B-4" and which includes his property on Omaha Drive, be included in the "I-2" District which is adjacent to this "B-4" area, and stated that his adjoining neighbor felt the same way, but that they would agree to'a buffer zone if necessary. He further requested "I-3" zoning instead of "1-2"zoning for his property at 3109 Agnes on which he operates a service boiler works because he can't operate this business in light industry zoning and would therefore be a non- conforming use. Walter Chastain, attorney, representing property owners on Corpus Christi Beach, presented and read a petition of 161 signatures, objecting to the proposed Special Council Meeting February 17, 1961 Page #2 20' front yard setback provision instead of the present 4' requirement on the basis that the majority of existing buildings would become nonconforming use buildings re- quiring special permission to improve them or rebuild in case of fire; that it would prevent use of 23% of a single lot and 53% of a corner lot due to the fact that almost all the lots are 50' x 90° instead of the standard 50' x 150°, and cited examples; that it would lower the sale value of an individual lot since it would have to be sold simultaneously with an adjoining lot in order for the purchaser to re- develop and expect a reasdnable return on his investment; and that it would thereby result in an unjust limitation of the use, maintenance and development of their Pro- perty. Mr. Cofer answered that the provision would not be applicable in most cases since it applies only to new construction and in blocks, not lots, that are presently less than 257, developed. Ed Williams, attorney representing 3 clients, objected to the basic rea- soning in the approach to control property in Corpus Christi as being unreal; the need for increase in size of lot area as being outdated; that there are too many categories; that all requirements should be spelled out in words and not left to the discretion of a department or board; and that the zoning districts on the map should be indicated in India ink and not in colored crayon which can be altered. Mr. Williams went through the proposed ordinance calling attention to several articles and sections to which he objected and gave his reasons for objecting to them, and stated that he found much that was good in the ordinance and an improvement on the present ordinance, which was long overdue, and that he would present his objections in writing within the next few days. Mayor King stated that the Council had discussed informally some of the points mentioned by Mr. Williams, and that he felt there should be a time Limits tion for action by the Council and advisory boards on an application, and etated that the Council also hoped to adopt a final zoning ordinance before its term of office is over. Robert Plato requested "AT" zoning for a tract approximately 1,000' along Ocean Drive and 500' deep, extending the proposed "AT" zoning to Airline • Special Council Meeting February 17, 1961 Page #3 Road, for use with the existing "AT" zoning in the immediate area to build a luxury type, multi -storied apartment hotel. He presented some comments signed by the president of the Ocean Drive Home Owners' Association favoring what Mr. Flato felt very clearly described what he and his associates wanted to build, and a letter from Sessions Mortgage Company, representing the owners of a 19 -acre tract opposite his tract, stating they had no objections to the proposed apartment development; and stated that in view of the boundary zoning of the area and the present land use, he felt his request would help the economy of the City, be in the public good, and could not conceivable do damage to any homes on Ocean Drive. F. R. Kaufield, objected to anything in the nature of a business;being permitted in a residential home area. Eldon Dyer was in favor of Mr. Flato's request and proposed development on Ocean Drive. R. E. Williams, operator of a radio and TV repair service, spoke in favor of more stringent control over home occupations in residential districts and stated he was in favor of not permitting any business or occupation in a residential dis- trict. Mayor King answered that the proposed provisions are more liberal than in the present ordinance, but that he feels this should be given more consideration with regard to more definite definitions, Joe Roscoe suggested that a person operating a business out of his home, the same as if he were in a commercial building, be taxed on the basis of business property for assessments for paving and that this might be a good method of control. Mayor King replied that he did not feel that was the answer, since you can destroy with taxes, Leslie Mabrey, representing the local chapter of the American Institute of Architects, presented and read a letter signed by the president favoring the" .. adoption of the proposed ordinance as having considerable merit, and recommending a mandatory yearly re-evaluation to insure adaptability to the effects of local con- ditions on a contemporary basis. - .. Mrs. F. S. Duke, owner of a nonconforming use building at 2729 Gollihar, • Special Council Meeting February 17, 1961 Page #4 felt that the small businessman should be considered in zoning, and requested that her property be properly zoned to continue the auto repair garage operation and make improvements which they have not been allowed to do, on the basis that they have operated on this same spot for 10 years. Mayor King replied that the Council would ask the City Staff what re- commendations they have in the matter. J. B. Trimble, attorney, representing J. R. Hatch property, 3101 Up River Road, requested "I-2" zoning for the 8 -acre portion of the property on which the Hatch Trailer Park has been operating since first 650' of the property. Mayor King asked Mr. Anderson if this split zoning had been done just to justify the recent lawsuit in the matter. Mr. Anderson replied that they had merely carried over the same zoning in the proposed ordinance, but that trailer parks or mobile home courts are under Special Council Permit regardless of the zoning and that what Mr. Trimble is ask- ing for can be done without changing the zoning. Mayor King stated that the Council would give this matter consideration Dr. G. R. Van Aken, 1107 Third Street, objected to the inclusion of funeral directors and funeral homes in the uses permitted in the proposed new professional district because of the psychological effect of a funeral home in the immediate vicinity of a doctor's office, and stated that he felt this would devaluate his property in the event he wanted to sell to a general practitioner. Mr. Cofer replied that he did not consider the psychological factor in the same light as Dr. Van Aken, that funeral directors and funeral homey like doctors, lawyers and other high type professional designations are dignified pro- fessions with a minimum of advertising and not conducive to creating any great in- crease in traffic in an area. W. J. Manning, home owner, and representative of a national manufacturer of building products, question the zoning of part of Lexington Boulevard as residential if it is a factthat F. H. A. will not grant a loan for residential building on Lexington Boulevard due to the predominance of business zoning. 1935, the same as has been given the • Special Council Meeting February 17, 1961 Page #5 Mr. Cofer replied that Lexington Boulevard has had an unfortunate his- tory with scattered commercial uses all along the street, and that the attempt had been made to consolidate the commercial zoning where there are existing commercial uses or where there is logical expansion, that it to zone an entire main thoroughfare for business, for F.H.A. not to approve residential loans along was not considered good zoning that it would be highly unusual Lexington as most main thorough- fares have very fine residences, that it is merely a matter of placement on the lot or screening. Mr. Manning requested that the matter of residential loans be investigated and if the area banks and P.H.A. won't approve the loans, then the entire frontage of Lexington be zoned for commerce so it can progress. Curtis Bell, speaking for the Associated General Contractors, spoke for making changes in the existing ordinance that would encourage private investment and development, and felt that requiring detail plans before zoning discourages investors. He favored holding joint sessions on zoning for quick action, and only a simple' majority needed for the Council to override a recommendation of the Zoning & Plan- ning Commission, if it is in the public interest, and that an owner should be per- mitted to spend his money any way he chooses as long as the general welfare will not be abused. L. R Wood objected th the requirement for showing an economic need for- a certain business before it could be zoned. A. L. Stroller, owner on Ocean Drive, stated he had no objection to Mt. Flato's request and hoped the Council would grant his request for "AT" zoning. Ray Flood, resident all his life, requested that the zoning in connec- tion with Home Occupation should have more teeth in it otherwise there was no reason for having it in the first place. Douglas Beck objected to the provision which states that in newly annexed areas, construction not completed at the time of annexation must be suspended until a permit is issued by the Public Works Department on the basis that it could prove to be very expensive not only for the owner, but for the contractor. Mayor King agreed with Mr. Beck and stated he was not at all in favor of that provision. Special Council Meeting February 17, 1961 Page #6 Mr. Cofer stated that during preliminary discussions with the City it was stated that the existing provisions of the zoning ordinance had operated satisfactorily with a minimum of difficulty and therefore should be retained, and that for this reason the new provisions are essentially the same as those in the existing ordinance, but that some new revisions had been discussed today. Every one present wishing to speak having been heard, Mayor King announced the hearing was closed and the proposed ordinance would be taken under advisement for further study and consideration with particular reference to the requests, objections and comments which had been noted during this hearing. There being no further business to come before the Council, the special meeting was adjourned. THE STATE OF TEXAS COUNTY OF NUECES CITY OF CORPUS CHRISTI NOTICE OF SPECIAL MEETING TO !RE MEMBERS OF THE CITY COUNCIL, THE CITY MANAGER, THE CITY SECRETARY AND THE Ci TY ATTORNEY TO THE CITY' OF CORPUS CHRISTI, TEXAS: NOTICE is hereby given that a special meeting of the City Council of the City of C•rpus Christi, Texas, will be held in the City of Corpus Christi, Texas, in the Co cii Chamber o'•the City Hall, at 7:00 o'clock P. M. on the 17 day of February , 19 61, for the purpose of a Public Hearing for the purpose of hearing evidence, objections or recommendations in respect to the pro- posed general amendment or amendments, corrections or additions to the Zoning Ord- inance slid Map approved by the City Council on May 4, 1948, being Ordinance No. 2266 of record at Volume 16, Page 339, et seg of the Ordinance and Resolution Records of the City of Corpus Christi, Texas, asp amended, and to the official Zoning Map of the City of orpus Christi, as amended. DATED this the / 7 day of February 1961 ELLROY KING, City -of Co CONSENT TO MATING yor Christi I exas We, the undersigned members of the City Council, the City Manager, the City Secretary and the City Attorney of Corpus Christi, Texas, hereby accept service of the foregoing notice, waiving any and all irregularities in such service and consent and agree that said meeting shall be at the time and place therein for the purpose therein stated. T.RAYRTNG City Se etary I. M. SIN City Attorn