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HomeMy WebLinkAboutMinutes City Council - 09/15/1982 - SpecialMINUTES CITY OF CORPUS CHRISTI, TEXAS SPECIAL COUNCIL MEETING September 15, 1982 3:15 P.M. PRESENT: Mayor Luther Jones Mayor Pro Tem Betty N. Turner Council Members: Jack K. Dumphy Bob Gulley Herbert L. Hawkins Dr. Charles W. Kennedy Cliff Zarsky if 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 three zoning applications. City Secretary Bill G. Read called the roll of required Charter Officers and verified that the necessary quorum was present to conduct a legally constituted meeting. Assistant City Manager Tom Utter announced the public hearing on Application No. 882-11, Mr. and Mrs. Robert Shih, for a change of zoning from "B-1" Neighborhood Business District, to "B-4" General Business District on Lots 6 through 9, Bratton Place, located on the east side of Weber Road, approximately 450' south of Brett Street. Mr. Utter stated that of the eight notices of the public hearing mailed, two in favor and none in opposition had been returned, and that both the Planning Commission and Planning Staff recommend denial. Mr. Gary Dumas, City Planner, located the area on the zoning and land use map, described the land use in the surrounding area and showed slides of the vicinity. He stated that the application was made for the purpose of obtaining zoning to erect a larger sign at the existing restaurant. Referring to the slides, Mr. Dumas pointed out that all of the other signs in the area are in compliance with the sign ordinance with the exception of the Whataburger sign, which is located in a "B-4" district facing on Padre Island Drive. He informed MI RQF-ILMED SEP 191984 mute's Jpecial Council Meeting September 15, 1982 Page 2 the Council that this is a neighborhood type of business district use and the Staff recommends denial because if this is approved or a special permit is granted, subsequent requests for change of zoning for larger signs will be submitted by other businesses in the area. Mrs. Robert Shih, the applicant, stated the reason for the request is that their particular sign is blocked from the view of people driving down Weber Road by palm trees. She explained that their customers have difficulty finding their restaurant; therefore, they are requesting a change of zoning in order to erect a larger sign. Mayor Jones inquired about the ownership of the palm trees, and Mr. Utter explained that they are owned by the property owners and they do have the right to cut down the trees. Mrs. Shih stated that she objects to having to cut down the palm trees. Mayor Jones stated that he had been to the restaurant many times and had had no difficulty in finding it. He stated that he could not support a change of zoning for the purpose of erecting a larger sign because he felt that the quality of the food of the restaurant is enough advertisement. Mayor Pro Tem Turner concurred with Mayor Jones' comments and suggested that rather than cutting the palm trees that the owners consider moving the existing sign to a better location. Mr. Utter pointed out that it is not the palm trees on the restaurant property that obstruct the view -- it is palm trees on other property. Mrs. Shih then inquired if they could have a special permit to place the sign on top of the roof of the building. Mr. Utter stated that the Planning Staff and Planning Commission could not recommend a special permit for this purpose because if this is granted, more intense business use will begin in that area and a sign on top of the roof is not permitted in "B-1" zoning. A motion was made by Council Member Gulley that the hearing be closed, seconded by Council Member Dumphy and passed unanimously. A motion was made by Council Member Gulley that the request for change of zoning for Application No. 882-11 be denied; seconded by Mayor Pro Tem Turner; and passed unanimously. Minutes Special Council Meeting September 15, 1982 Page 3 Council Member Dumphy suggested that the Staff assist Mr. and Mrs. Shih in working out a better location for erection of a sign. ********* Mr. Utter announced the public hearing on Application No. 882-12, Mr. and Mrs. Victor Limon, for a change of zoning from "1-2" Light Industrial District to "A-2" Apartment House District on Lots 20 & 21, Block 21, Chamberlain Subdivision, located on the north side of Mary Street, approximately 75' west of South Alameda Street. Mr. Utter informed the Council that in response to the twenty-eight notices of the public hearing which were mailed, one in opposition and none in favor had been returned, and that the Planning Commission recommends denial but in lieu thereof, that the zoning of "R -1B" be granted, and the Planning Staff recommends denial. Mr. Dumas stated that this location is in the "1-2" District and single-family dwellings are not permitted there. He 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 denial because of the existence of "1-2" zoned property surrounding this lot. He stated that they are apprehensive that a new home would be inappropriate because the City attempts to discourage the erection of new houses in industrial areas. Mayor Pro Tem Turner pointed out that according to the slides shown, houses are in existence in this neighborhood, and even though she personally feels that it would be a mistake to build a residence here, that should be the perogative of the property owner. Mr. Dumas concurred stating that the Staff is just offering the best advice and recommendation available to Mrs. Limon. Council Member Gulley stated that he agreed that there are residences located in that area even though most of the property is zoned "1-2". Council Member Dumphy expressed the opinion that there should be some type of computer reading that would inform people at the time they purchased a piece of property of the zoning of the lots they are considering for purchase. Speaking in regard to this was the applicant, Mrs. Victor Limon, 2911 Highland, who stated that they purchased the lot just recently from a private owner who lives in another City. She stated that they want to build their inutes Jpecial Council Meeting September 15, 1982 Page 4 residence there and they decided on this piece of property because of the school in close proximity to this lot. She stated that the existence of the industrial buildings does not bother her and they still would like to locate their house on this lot. 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 Gulley and passed unanimously. A motion was made by Mayor Pro Tem Turner that the Council concur with the recommendation of the Planning Commission and deny the zoning of "A-2", but in lieu thereof grant zoning of "R -1B"; seconded by Council Member Dumphy. Mr. Utter informed the Council that the same comments were made by Mrs. Limon at the Planning Commission Public Hearing. He suggested that if the Council desires to grant the zoning of "R -1B", the Staff would suggest that a special permit for a single-family residence be approved instead of the zoning of "R -1B" in the event that Mrs. Limon decides to sell her property at a later date, it would revert back to the "1-2" zoning. Mayor Pro Tem Turner then amended her motion to grant a special permit for the construction of a single-family dwelling, and Council Member Dumphy seconded the motion. Mr. Utter stated that the special permit should be for residential uses only. The motion passed unanimously. ********** Assistant City Manager Utter announced the public hearing on Application No. 882-13, Mr. Wayne Lundquist, for a change of zoning from "1-2" Light Industrial District to "T -1B" Mobile Home Park District being 8.17± acres out of the Ernest Barkley 15 -acre tract out of the A. V. Cale 25 -acre tract out of the Magee Estate out of the Gregoria Farias Grant, located on the south side of Sharpsburg Road, approximately 1,800' north of Interstate Highway 37. Council Member Gulley disqualified himself from discussing this application or voting on it and then departed the Council Table. Mr. Utter stated that twelve notices of the public hearing were mailed and there was no response, except for one in opposition from outside the 200' area. He informed the Council that both the Planning Commission and Planning Staff nutes .special Council Meeting September 15, 1982 Page 5 recommend approval. No one spoke in regard to this application. Mr. Dumas displayed slides of the area. 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 that the requested zoning of "T -1B" be approved for Application No. 882-13; seconded by Council Member Dumphy; and passed by the following vote: Jones, Turner, Dumphy, Hawkins and Zarsky voting, "Aye"; Kennedy, absent at the time the vote was taken; Gulley, having disqualified himself. * Council Member Charles Kennedy arrived at the meeting at 3:53 p.m. Discussion following on the shortage of mobile home and trailer parks, and Mr. Dumphy suggested that revisions to the ordinance be considered for amendments in order to establish small mobile home parks. Mr. Utter stated that the Staff will be glad to examine this possibility and contact other Cities in regard to their policy on mobile home parks. Council Member Gulley returned to the Council Table and stated that the reason the ordinance specifies a minimum of five acres is because if a small area of land is used for parking spaces for mobile homes, it is not profitable to hire a manager or caretaker to keep the property in good order and there is some tendency to let such property become rundown and unsightly. Mr. Utter agreed that this is a problem but stated that they will contact other cities in regard to their policies. ********** City Secretary Read called for the vote on the ordinances to approve the zoning changes in the preceding cases and the following ordinances were approved: ORDINANCE NO. 17260: AMENDING THE ZONING ORDINANCE UPON APPLICATION OF MR. AND MRS. VICTOR LIMON BY GRANTING A SPECIAL COUNCIL PERMIT FOR SINGLE FAMILY RESIDENTIAL PURPOSES ON LOTS 20 AND 21, BLOCK 21, CHAMBERLIN SUBDIVISION; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Dumphy, Gulley, Kennedy and Zarsky voting, "Aye"; Hawkins, absent at the time the vote was taken. inutes opecial Council Meeting September 15, 1982 Page 6 ORDINANCE NO. 17261: AMENDING THE ZONING ODINANCAE UPON APPLICATION OF 1hAYNE LUNDQUIST, TRUSTEE, BY CHANGING THE ZONING MAP IN REFERENCE TO A PORTION OUT OF THE ERNEST BARKLEY 15 ACRE TRACT OUT OF THE A. V. CALE 25 -ACRE TRACT OUT OF THE MAGEE ESTATE OUT OF THE GREGORIO FARIAS GRANT FROM "1-2" LIGHT INDUSTRIAL DISTRICT TO T -1B MOBILE HOME PARK DISTRICT; AND DECLARING AN EMERGENCY, The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Dumphy, Kennedy, and Zarsky voting, "Aye"; Hawkins, absent at the time the vote was taken and Gulley, having disqualified himself. ********** There being no further business to come before the Council, on motion by Mayor Pro Tem Turner, seconded by Council Member Dumphy and passed unanimously, the Special Council Meeting was adjourned at 4:00 P.M., September 15, 1982.