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HomeMy WebLinkAboutMinutes City Council - 07/14/1982 - SpecialMINUTES CITY OF CORPUS CHRISTI, TEXAS SPECIAL COUNCIL MEETING JULY 14, 1982 5:25 P.M. PRESENT: Mayor Luther Jones Mayor Pro Tem Betty N. Turner Council Members: Jack K. Dunphy Bob Gulley Herbert L. Hawkins, Jr. Dr. Charles W. Kennedy Cliff Zarsky A City Manager Edward Martin City Attorney J. Bruce Aycock City Secretary Bill G. Read Mayor Luther Jones called the meeting to order in the Council Chamber of City Hall and stated that the purpose of the 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. 582-3, Mr. James E. Ensminger, for a change of zoning from "R-2" Multiple Dwelling District to "A-2" Apartment House District on Lots 29, 30, 31 and 32, Block 1305, Merchants Addition No. 6, located on the southwest corner of 15th and Cole Streets. Mr. Utter informed the Council that the Planning Commission recommends denial and in lieu thereof that a special permit be approved for eight new units, subject to an acceptable site plan. He stated that the site plan has been submitted and approved by the Planning Commission and the staff now concurs with the recommendation for the special permit. 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 and showed slides of the vicinity. Mr. Wenger stated that some duplexes exist there now; the location is across the street from Wynn Seale Jr. High School; "A-2" zoning would allow ten units, but the special permit would allow only eight units. Mrs. Leona Estes, 6049 S. Alameda, stated that she represents the appli- cants and explained that they plan to replace the existing structures with new units which will be in compliance with the City Code. MICROFILMED 16 1 9 1984 linutes Special Council Meeting July 14, 1982 Page 2 No one else spoke in regard to this zoning application. A motion was made by Mayor Pro Tem Turner that the hearing be closed, seconded by Council Member Kennedy and passed unanimously. A motion was made by Mayor Pro Tem Turner that the request for zoning from "A-2" be denied but in lieu thereof that a special permit be approved in accor- dance with the site plan submitted; seconded by Council Member Kennedy; and passed unanimously. Assistant City Manager Utter announced the public hearing on Application No. 682-9T, Riverside Hospital, Inc.: to amend Article 31, Newly Annexed Territory, by amending Section 31-5 by adding thereto one new subsection to be numbered 31-5.39 setting forth a zoning classification of "AB" Professional Office District on a described tract of land when annexed to the City of Corpus Christi, Texas, said tract situated in Nueces County, Texas, approximately 625'; south of FM 624, and 1,330'3 west of U.S. Highway 77, containing 11.427 acres more or less out of Lot 2, Block 1, Nueces River Irrigation Park. Mr. Utter informed the Council that both the Planning Commission and Planning staff recommend approval. He stated that four letters of notification were mailed and one in opposition and one in favor had been returned. He also stated that this tract of land is presently in the process of being annexed and the staff agrees that it should be brought in zoned as "AB". No one spoke in regard to this zoning application. A motion was made by Mayor Pro Tem Turner that the hearing be closed, seconded by Council Member Kennedy and passed unanimously. A motion was made by Mayor Pro Tem Turner to approve the zoning of "AB" for Application No. 682-9T; seconded by Council Member Kennedy; and passed unanimously. Mr. Utter announced the public hearing on Application No. 682-10, Mr. Brent A. Minnick: for a change of zoning from "R -1B" One -family Dwelling District to "B-4" General Business District on Lots 44 and 45, Block S, Don Patricio Subdivision, located on the east side of Flour Bluff Drive, approximately :350 feet south of Don Patricio Road. linutes Special Council Meeting July 14, 1982 Page 3 Mr. Utter stated that both the Planning Commission and Planning staff recommend approval and that 13 letters of notification were mailed with one in opposition and none in favor returned. 1 Mr. Wenger located the area on the :zoning and land use map, described the i land use in the surrounding area and showed slides of the vicinity. Council Member Zarsky asked why the staff does not recommend "B-4" zoning on corners instead of in the center of the block as this one is located. Mr. Wenger noted that there is very little development in the area. Mr. Michael Parks, co-owner of this property, informed the Council that the want to build an airconditioning shop which will improve the area and be of benefit to the people of Flour Bluff. No one spoke in opposition to this request. A motion was made by Mayor Pro Tem Turner that the hearing be closed, seconded by Council Member Dumphy and passed unanimously. A motion was made by Mayor Pro Tem Turner to approve Application No. 682-10 for "B-4" zoning, seconded by Council Member Dumphy and passed unanimously. * * * * * * * * * * * * * Mr. Utter announced the public hearing on Application 682-11, Mr. Reuben Via for a change of zoning from "R -1B" One -family Dwelling District to "13-1" Neicjhborhood Business District on a portion of Lot 10, Block 3, Arcadia Subdivi- sion, located on the west side of S. Staples Street, approximately 500 feet north of Annapolis Drive. Mr. Utter stated that both the Planning Commission and Planning staff recommend denial. He informed the Council that 18 notices of the public hearing had been mailed with 4 in favor and 3 in opposition returned. 1 'Mr. 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 informed the Council that the applicant plans to develop an automatic bank teller facility at this location. Mr. Wenger provided information in regard to a previous special permit for this tract of land which was approved in 1978 for the construction of a beauty shop. He stated that it was not used in one year and the property reverted back to "R -1B" zoning. He pointed out that this type of use for an automatic bank teller would greatly increase the traffic in the area and that is the problem as far as the staff is concerned. 4inutes Special Council Meeting July 14, 1982 Page 4 Mayor Jones expressed the opinion that these types of facilities do not generate much traffic. Mayor Pro Tem Turner that she has some question about this being developed for this use all the way back to Florida Street and suggested that the Staples Street side be the only one on which ingress and egress is allowed. Mr.' Via read a letter to the effect that he had a rent house there but businesses have been developed completely around this area. He explained that he had obtained a special permit for the beauty shop and had spent quite a bit of money but could not build the shop because of the high interest rates. He urged approval of this change of zoning for the banking facilities. He informed the Council that he had obtained signatures from 7 people in the area who are in favor of this change of zoning. Mr. Joe Gardner, 2402 Leopard, representative of Citizens State Bank, referred to the site plan and stated that they feel that there will be enough room for seven cars to line up at this facility which should be adequate. He informed the Council that they had conducted a survey of other similar facili- ties and the most number of cars ever seen were five. He pointed out that a fence has already been erected next to the residences on Florida Street and the exits will be on Staples Street. He informed the Council that if a traffic problem is created, they would be willing to move their building. He stated that they plan to lease the land from Mr. Via. Speaking in opposition to the change of zoning request was Mrs. Janice Pace, 1146 Florida, stating that she was opposed to this because it would enable Mr. Via to establish any kind of business after the three year lease with the bank is completed. She reminded the Council that Mr. Via has never taken care of this lot and it is unslightly and overgrown with weeds and foliage. She stated that they would not object to a special permit for the banking facility but they are opposed to the change of zoning. Mrs. Wallace Benedict, 1150 Florida, also appeared in opposition, stating that in view of Mr. Via's past performance, she is reluctant to agree to the change of zoning. Mrs. Benedict informed the Council that this is an older section of town but the residences in the area are kept in good condition and it is a nice neighborhood. She stated that if there were a provision for the part of the lot facing on Florida Street to be kept in good condition by the bank, tinutes special Council Meeting July 14, 1982 Page 5 then she would not object to the planned use if the existing fence is also maintained and provided there is no exit on Florida Street. Mayor Pro Tem Turner stated that that was one of her concerns also and inquired if the special permit could include the requirement that the property must be maintained. Mr. Wenger explained that the ordinance Could not contain such provisidns but the Neighborhood Improvement Division could monitor the area to be sure it's kept clean. He also pointed out that the lot would have to be replatted and a dedication of right-of-way would be required. Mr. Oscar Iturri stated that the neighbors are concerned about future use after this lease expires. Mr. Utter pointed out that with a special permit, it would be limited to the bank teller facility. No one else spoke in regard to this zoning application. A motion was made by Mayor Pro Tem Turner that the hearing be closed, seconded by Council Member Hawkins and passed unanimously. A motion was made by Council Member Zarsky that the zoning of "8-1" be denied but in lieu thereof a special permit for a banking facility be approved subject to the submission of an approved site plan; seconded by Council Member Kennedy. Council Member Kennedy suggested to Mr. Via that he provide better maintenance of the Florida portion of this property. The motion to approve the special permit passed unanimously. * * * * * * * * * * * * Assistant City Manager Utter announced the public hearing on Application 682-12, Sunglo Homes: for a change of zoning from "R -1B" One -family Dwelling District to "R -1C" One -family Dwelling District on Lots 1 through 16, Block 1 and Lots 1 through 42, Block 2, Tuloso Estates, located approximately 825 feet west of Tuloso Road and approximately 1,200 feet north of Leopard Street. Mr. Utter stated that both the Planning Commission and Planning staff recommend approval. No one spoke in regard to this zoning application. A motion was made by Mayor Pro Tem Turner that the hearing be closed, seconded.by Council Member Hawkins and passed unanimously. inutes ,pecial Council Meeting July 14, 1982 Page 6 A motion was made by Council Member Dumphy that Application No. 682-12 be approved for "R -1C" zoning; seconded by Mayor Pro Tem Turner; and passed unanimously. * * * * * * * * * * * * * City Secretary Read polled the Council for their votes on the ordinances effecting the changes of zoning approved during the public hearings and the following ordinances were passed: ORDINANCE NO. 17125: AMENDING THE ZONING ORDINANCE UPON APPLICATION OF JAMES E. ENSMINGER BY GRANTING A SPECIAL COUNCIL PERMIT FOR REPLACING EXISTING UNITS WITH NEW UNITS TO CITY CODE ON LOTS 29, 30, 31 AND 32, BLOCK 1305, MERCHANTS ADDITION NO. 6, AS MORE PARTICULARLY DESCRIBED ON THE SITE PLAN; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Jones, Turner, Dumphy, Gulley, Hawkins, Kennedy and Zarsky voting "aye". ORDINANCE NO. 17126: AMENDING THE ZONING ORDINANCE BY AMENDING ARTICLE 31, NEWLY ANNEXED TERRITORY, BY ADDING TO SECTION 31-5 A NEW SUBSECTION, 31-5-39 SETTING FORTH ZONING CLASSI- FICATION ON SAID AREA OF LAND DESCRIBED AS A PORTION OF LOT 2, BLOCK 1, NUECES RIVER IRRIGATION PARK; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Jones, Turner, Dumphy, Gulley, Hawkins, Kennedy and Zarsky voting "aye". ORDINANCE NO. 17127: AMENDING THE ZONING ORDINANCE UPON APPLICATION OF BRENT A. MINNICK BY CHANGING THE ZONING MAP IN REFERENCE TO LOTS 44 and 45, BLOCK S, DON PATRICIO SUBDIVISION FROM "R -1B" ONE -FAMILY DWELLING DISTRICT TO "B-4" GENERAL BUSINESS DISTRICT; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Jones, Turner, Dumphy, Gulley, Hawkins, Kennedy and Zarsky voting "aye". ORDINANCE NO. 17128: AMENDING THE ZONING ORDINANCE UPON APPLICATION OF SUNGLO HOMES BY CHANGING THE ZONING MAP IN REFERENCE TO LOTS 1-16, BLACK 1 AND LOTS 1-42, BLACK 2, TULOSO ESTATES FROM "R-18" ONE -FAMILY DWELLING DISTRICT TO "R -1C" ONE -FAMILY DWELLING DISTRICT; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Jones, Turner, Dumphy, Gulley, Hawkins, Kennedy and Zarsky voting "aye". There being no further business to come before the Council, on motion by Mayor Pro Tem Turner, seconded by Council Member Zarsky and passed unanimously, the Special Council Meeting was adjourned at 6:12 p.m., July 14, 1982.