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HomeMy WebLinkAboutMinutes City Council - 10/13/1982 - SpecialMINUTES CITY OF CORPUS CHRISTI, TEXAS SPECIAL COUNCIL MEETING OCTOBER 13, 1982 4:42 P.M. PRESENT: Mayor Luther Jones Mayor Pro Tem Betty N. Turner Council Members: Jack K. Dumphy Bob Gulley Herbert L. Hawkins Cliff Zarsky City Manager Edward Martin Ass't. City Attorney Bob Coffin City Secretary Bill G. Read ABSENT: Council Member Charles W. Kennedy Mayor 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 hearings on four zoning applications. City Secretary Bill G. Read verified that the necessary quorum of the Council and the required Charter Officers were present to conduct a legally constituted meeting. Assistant City Manager Tom Utter announced the public hearing on Application No. 982-1, Preis Properties, Inc., for a change of zoning from "R -1B" One -family Dwelling District to "R -1C" One -family Dwelling District on Lots 10 and 11, Block 6, Tyler Subdivision, located on the east side of Walker Drive, approximately 137' north of Rex Lane. Mr. Utter stated that both the Planning Commission and the Planning Staff recommend approval and that in response to the fourteen notices of the public hearing mailed, two in favor and two in opposition had been returned. No one spoke in regard to this application. Mr. Larry Wenger, Director of Planning, 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. BE1LM'D UPI 914 inutes Jpecial Council Meeting ' October 13, 1982 Page 2 A motion was made by Mayor Pro Tem Turner that the Council concur with the recommendation of the Planning Commission and the Planning Staff and approve the zoning of "R -1C"; seconded by Council Member Gulley; and passed unanimously. Mayor Jones announced that the Application No. 982-3, Ms. Frances C. Gaines, has been withdrawn at the written request of the applicant. * * * * * * * * * * * * * * * * * * * * Assistant City Manager Tom Utter announced the public hearing on Application No. 982-4, Mr. Juan Rodriguez for a change of zoning from "B-1" Neighborhood Business District to "R-2" Multiple Dwelling District on Lots 26A, 26B, and 26C, BLock 2, Molina No. 1, located at the southwest corner of Horne Road and Barrera Street. Mr. Utter informed the Council that thirteen notices of the public hearing had been mailed and none in favor and one in opposition had been returned. He stated that the Planning Commission recommends denial on Lot 26C but approval of the request on Lots 26A and 26B. He stated also that the Planning Staff recommends denial. Mr. Wenger 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 this request was submitted in order to lower the paving assessment rates, but the Staff recommends denial because Horne Road is being widened to four lanes and this tract is destined to be for business use. Mayor Jones called on the applicant to speak. Mr. Juan Rodriguez, co-owner, explained to the Council that they had not requested the change of zoning on the corner lot of their tract of land but it was inadvertently included in the application by mistake; therefore, they agreed with the Planning Commission recommendation for a change of zoning on Lots 26A and 26B. She informed the Council that the duplexes located there were moved in one or two years ago and they do not plan to add more. inutes Special Council Meeting October 13, 1982 Page 3 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 Council Member Gulley that the Council concur with the recommendation of the Planning Commission and grant the zoning of "R-2" on Lots 26A and 26B; seconded by Council Member Dumphy; and passed unanimously. * * * * * * * * * * * * * * * * * *.* * * Mr. Utter announced the public hearing on Application No. 982-5, Mr. Oscar Salstrand, for a change of zoning from "A-2" Apartment House District to "B-4" General Business District on Lots 1, 2, 43 and 44, Block 4, Hughes Subdivision, located on the south side of Elizabeth Street, between 10th and S. Alameda Streets. Mr. Utter informed the Council that twenty-one notices of the public hearing were mailed and a petition in opposition was presented which included five names in the area of notification. He stated that both the Planning Commission and the Planning Staff recommend denial. Mr. Wenger 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 a used car lot is currently in operation there which is in violation of the existing zoning. He noted that the property is located in a total residential area and the Staff does not feel that the lot is large enough to accommodate the used car lot. Mayor Jones called for comments from the applicant. Mr. Oscar Salstrand stated that he was formerly a minister but he makes a living at this time through his used car lot. He stated that he had presented a petition at the Planning Commission meeting which had fourteen signatures of renters in the area indicating that they have no objection to the requested change of zoning. He urged that the Council approve the application so he can continue to make a living selling a few inutes Special Council Meeting October 13, 1982 Page 4 used cars. Mayor Pro Tem Turner inquired if it would be possible to approve the zoning on only one lot on which the used car lot is located or approve a special permit for a continued use. Mr. Wenger stated that "B-4" zoning would allow this or a special permit for just one lot. Mr. Ed Vela, Jr., 1334 South Alameda Street, stated that he has lived there for many years and was aware that the used car lot was located there. He stated that he and Mr. Salstrand are good friends and have been for some time and provided a character reference for Mr. Salstrand by informing the Council about some of his good deeds. Mr. Salstrand stated that he only purchases cars in his own name and sells a few of them. Mr. Abe Blum, representing Mr. Sam Main who is the owner of the property, stated that Mr. Main has never received any complaints from any of the neighbors about the used car sales. Council Member Hawkins inquired as to how the determination was made that this qualifies as a used car lot. Council Member Gulley replied that the law indicates that if three car sales are made per year then it is classified as a used car lot. Council Member Hawkins inquired if the zoning is denied how long they could allow Mr. Salstrand to sell out his business. Mr. Utter replied that the zoning ordinance does not allow for any time period. A motion was made by Council Member Gulley that the hearing be closed, seconded by Council Member Hawkins and passed unanimously. Mr. Utter intejected that with a special permit, it is feasible to have a time limit. A motion was made by Mayor Pro Tem Turner that the zoning of "B-4" be denied but in lieu thereof a special permit be granted for as long as Mr. Salstrand leases the property; seconded by Council Member Hawkins. r inutes Special Council Meeting October 13, 1982 Page 5 Mr. Martin pointed out that it would be possible to draft the ordinance to tie it to Mr. Salstrand's occupancy and lease. Mayor Pro Tem Turner then amended her motion to include the phrase, "as long as Mr. Salstrand occupies the property and leases it for a used car lot". The motion to amend was seconded by Council Member Dumphy and the amended motion passed unanimously. * * * * * * * * * * * * * * * * * * * * * City Secretary Read presented for the Council's consideration two of the ordinances on which the zoning had been approved and they passed as follows: ORDINANCE NO. 17303: AMENDING THE ZONING ORDINANCE UPON APPLICATION OF PREIS PROPERTIES, INC., BY CHANGING THE ZONNG MAP IN REFERENCE TO LOTS 10 AND 11, BLOCK 6, TYLER SUBDIVISION FROM "R -1B" ONE -FAMILY DWELLING DISTRICT TO "R -1C" ONE -FAMILY DWELLING DISTRICT; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Dumphy, Gulley, Hawkins and Zarsky voting, "Aye"; Kennedy, "absent". ORDINANCE NO. 17304: AMENDING THE ZONING ORDINANCE UPON APPLICATION OF JUAN A RODRIGUEZ BY CHANGING THE ZONING MAP IN REFERENCE TO LOTS 26A AND 26B, BLOCK 2, MOLINA NO. 1 FROM "B-1" NEIGHBORHOOD BUSINESS DISTRICT TO "R-2" MULTIPLE DWELLING DISTRICT; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Dumphy, Gulley, Hawkins and Zarsky voting, "Aye"; Kennedy, "absent". * * * * * * * * * * * * * * * * * * * * * There being no further business to come before the Council, on motion by Council Member Gulley, seconded by Council Member Dumphy and passed unanimously, the Special Council Meeting was adjourned at 5:17 p.m., October 13, 1982.