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HomeMy WebLinkAboutMinutes City Council - 06/30/1982 - SpecialPRESENT: Mayor Luther Jones Council Members: Jack K. Dunphy Herbert L. Hawkins, Jr. Cliff Zarsky ABSENT: MINUTES CITY OF CORPUS CHRISTI, TEXAS SPECIAL COUNCIL MEETING JUNE 30, 1982 3:37 P.M. City Manager Edward Martin City Attorney J. Bruce Aycock City Secretary Bill G. Read Mayor Pro Tem Betty N. Turner Bob Gulley Charles W. Kennedy Mayor Luther Jones called the meeting to order in the Council Chamber of City Hall and stated that the purpose of the special meeting was to conduct public hearings on five zoning applications. City Secretary Bill G. Read verified that the necessary quorum of required Charter Officers was present to conduct a legally constituted meeting. Assistant City Manager Tom Utter announced the public hearing on Applica- tion No. 682-1, Mr. Guajardo Macedonia, for a change of zoning from "R -1B" One -family Dwelling District to "B-4" General Business District on Lot 19, Block 1, John Jones Subdivision, located on the southwest corner of Horne Road and Stafford Street. Mr. Utter informed the Council that both the Planning Commission and Planning staff recommend denial and that 26 notices of the public hearing had been mailed with seven in favor and one in opposition returned. Mr. Larry Wenger, Acting Director of the Planning Department, located the area on the zoning and land use map, described the land use in the surrounding area, showed slides of the area, and pointed out that most of the area is zoned "R -1B" with the exception of a special permit for a church and for the City/County Health Department. He informed the Council that the applicant desires the zoning change in order to establish a lawnmower repair shop in a garage of a residence. Speaking on behalf of the applicant was Mrs. Herminio Gonzalez, 4106 Shaw Street, who stated she owns the shopping center in the area. She explained that • MICROFILMED tEP 1 to ION Minutes Special Council Meeting June 30, 1982 Page 2 ' Mr. Macedonia only wants to open a small lawnmower repair shop since he is retired and needs to supplement his income. Council Member Hawkins inquired if Mr. Macedonia could operate this as a home occupation, and Mr. Wenger replied that it would require a zoning change. Council Member Hawkins then inquired if the staff would approve of a special permit. Mr. Wenger stated that there would be a problem with meeting the parking requirements on this small lot. Mrs. Gonzalez then presented a petition signed by neighbors in the area who are in favor of the change in zoning. The petition contained 21 names. No one else spoke in regard to this zoning application. A motion was made by Council Member Hawkins that the hearing be closed, seconded by Council Member Dumphy and passed unanimously. A motion was made by Council Member Hawkins that the zoning of "H-4" be denied for Application No. 682-1 but in lieu thereof that a special permit be approved subject to the submission of an acceptable site plan for the operation of a lawnmower repair shop; seconded by Council Member Zarsky and passed by the following vote: Jones, Dumphy, Hawkins and Zarsky voting "aye"; Turner, Gulley and Kennedy absent. City Secretary Read made the observation that the ordinance could be considered next week and since it is not in compliance with the recommendation of the Planning Commission, five affirmative votes will be required to pass the ordinance. Assistant City Manager Utter announced the public hearing on Application No. 682-8, Mr. Jack Ryan, for a change of zoning from "R-18" One -family Dwelling District to "8-4" General Business District on 5.17± acres out of Lot 4, Section 30, and Lot 5, Section 31, Flour Bluff and' Encinal Farm and Garden Tracts, located along Cayo del Oso, approximately 450!' north of South Padre Island Drive. Mr. Utter informed the Council that' both the Planning Commission and Planning staff recommend denial but in lieu thereof that "A-2" Apartment House District be approved. Mr. Utter informed the Council that two notices of the public hearing were, sept to property owners; one in favor and one in opposition had' been' returned; and 36 in opposition outside the 200' area were received. i.s Butes • Special Council Meeting June 30, 1982 Page 3 Mr. Larry Wenger, Acting Director of the Planning Department, 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 property owners in this area have always felt that they did not want this business tied into their subdivision. Mr. Utter continued by explaining the property owners in opposition infor- mally discussed this with the applicant and it was his understanding that the problems had been worked out. He explained that Mr. Ryan had agreed to establish a "PUD" zoning next to the subdivision with streets included in the "PUD". He stated that the owner has agreed to establish fire gates similar to those located in Buckingham Estates. He explained that this zoning would not be conditional but Mr. Ryan has agreed to establish the "PUD" within three months. - Mr. Jack Ryan, the applicant, stated that his partner is Mr. Tom Matthews and they have both agreed to write a letter to the effect that within three months they will establish a "PUD" there with a street within. Mr. Tony Pletcher, attorney representing the residents in the neighborhood, stated that they understood that there cannot be a condition placed on a change of zoning and the agreement signed by the developers should bind any subsequent purchaser of the property. He stated they would also like to have deed restrictions which would keep any future purchaser from reneging on this agree- ment. Mr. Ryan assured Mr. Pletcher that they planned to devise an agreement that would run with the land and it was his opinion that Mr. Pletcher clients have agreed to this. A motion was made by Council Member Hawkins that the hearing be closed, seconded by Council Member Dumphy and passed unanimously. A motion was made by Council Member Hawkins that the zoning of "B-4" for Application No. 682-8 be denied, but in lieu thereof that "A-2" zoning be approved; seconded by Council Member Zarsky; and passed by the following vote: Jones, Dumphy, Hawkins and Zarsky voting "aye"; Turner, Gulley and Kennedy absent. * * * * * * * * * * * * * Assistant City Manager Utter announced the public hearing on Application No. 682-3, Mr. H. W. Reagan, for a change of zoning from "R -1B" One -family Dwelling District to "R-2" Multiple Dwelling District on Lots 5, 6, 11 and 12, Minutes Special Council Meeting June 30, 1982 Page 4 Block 12; Lots 1, 2, 3, 4, 7, 8 and 9, Block 13, Calallen Townsite; and a 1.653 acre tract which is a portion of the Gregario Farias Grant A-592, located between West Buckhorn Street and West Redbird Lane and between Avenue C and Interstate Highway 37. Mr. 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 staff recommends the zoning of "R-2" for the portion of the tract that basically fronts on I.H. 37 with the remainder of the lots in the request he left zoned "R -1B". He stated that the Planning Commission recommends approval. Mr. Wenger also explained that the owner plans the development of town- houses. The applicant, Mr. H. W. Reagan, stated that he could not concur with the "R -1B" zoning because his plans are laid out differently. He informed the Council that they plan a total. of 32 units on 412 acres, the units will be 1600 square feet to 2000 square feet in living area, and summarized by stating that this a different type of townhouse arrangement than that which is usually_ requested. Council Member Zarsky pointed out that the applicant could apply for a "PUD" zoning without approval of the "R-2" zoning. No one else spoke in regard to this zoning application. A motion was made by Council Member Zarsky that the hearing be closed, seconded by Council Member Hawkins and passed unanimously. A motion was made by Council Member Zarsky that the requested "R-2" zoning be approved for Application No. 682-3, in accordance with the recommendation of the Planning Commission; seconded by Council Member Dumphy; and passed by the following vote: Jones, Dumphy, Hawkins and Zarsky voting "aye"; Turner, Gulley and Kennedy absent. Assistant City Manager Utter announced the public hearing on Application No. 682-4E, Four West, Inc., for an exception to the standard screening fence. requirement located on the south side of Leopard Street, approximately 200' east of Princess Drive, Lot 2-D, Rolling Acres. Mr. Utter informed the Council that both the Planning Commission and the Planning staff recommend approval. No one else spoke in regard to this zoning application. inutes .pecial Council Meeting June 30, 1982 Page 5 A motion was made by Council Member Dumphy that the hearing be closed, seconded by Council Member Hawkins and passed unanimously. A motion was made by Council Member Dumphy that the exception to the standard screening fence requirement as described in the application be approved; seconded by Council Member Hawkins; and passed by the following vote: Jones, Dumphy, Hawkins and Zarsky voting "aye"; Turner, Gulley and Kennedy absent. * * * * * * * * * * * * * Mr. Utter announced the public hearing on Application No. 662-5, Mr. Myles A. Johnson, for a change of zoning from "R -1B" One -family Dwelling District to "T -1A" Travel Trailer Park District on Tract A and "T-18" Mobile Home Park District on Tract 2, Tract 1 being 3.0t acres out of Bob -Rose Rice Addition and Tract 2 being 12.74 acres out of Bob -Rose Rice Addition and Addition No. 2, both tracts located on the east side of Waldron Road approximately 375' north of Oakdale Drive. Mr. Utter informed the Council that both the Planning Commission and Planning staff recommend approval and that in response to the notices of the public hearing four in favor and none in opposition had been returned. Mayor Jones ascertained that no one wished to speak in regard to this application. A motion was made by Council Member Hawkins that the hearing be closed, seconded by Council Member Zarsky and passed unanimously. A motion was made by Council Member Dumphy that the requested zoning for Application No. 682-5 be approved, seconded by Council Member Hawkins and passed by the following vote: Jones, Dumphy, Hawkins and Zarsky voting "aye"; Turner, Gulley and Kennedy absent. * * * * * * * * * * * * There being no further business to come before the Council, on motion by Council Member Hawkins, seconded by Council Member Zarsky, and passed unanimously, the Special Council Meeting was adjourned at 4:15 p.m., June 30, 1982. NOTE: The ordinance effecting the approved changes of zoning were passed during the Regular Council Meeting this date. r01T, I, LUTHER JONES, Mayor of the City of Corpus Christi, Texas, certify that the foregoing minutes, same being for the period of May 5, 1982, through May 26, 1982, inclusive, and having been previously approved by Council action, are by me hereby approved as itemized. May 5, 1982 - Regular Council Meeting May 12, 1982 - Regular Council Meeting May 16, 1982 - Special Council Meeting May 19, 1982 - Regular Council Meeting May 26, 1982 - Regular Council Meeting ,t