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HomeMy WebLinkAboutMinutes City Council - 01/11/1984 - Special (2)MINUTES CITY OF CORPUS CHRISTI, TEXAS SPECIAL COUNCIL MEETING JANUARY 11, 1984 3:45 P.M. PRESENT: Mayor Luther Jones Mayor Pro Tem Betty N. Turner Council Members: David Berlanga, Sr. Leo Guerrero Herbert Hawkins, Jr. Dr. Charles W. Kennedy, Joe McComb Frank Mendez Mary Pat Slavik Jr. City Manager Edward A. 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 zoning hearings on five applications. City Secretary Read verified that the necessary quorum was present to conduct a legally constituted meeting and that notice of the meeting had been properly posted. 1. Application No. 1283-1, Chaparral Resort Properties: for a change of zoning from "B-1" Neighborhood Business District and "AT" Apartment Tourist District to "B-4" General Business District on Lots 1 through 12, Block A-6 and Lots 2, 4, and the South 15' of Lot 6, Block 75, Brooklyn Addition, located on the east side of State Highway 181, approximately 200' south of Beach Avenue. Assistant City Manager Tom Utter informed the Council that there was no response to the nine notices of the public hearing that were mailed and that the Planning Commission and Planning Staff both recommend approval. Mayor Jones ascertained that no one in the audience wished to speak in opposition to this zoning application. rtes sial Council Meeting January 11, 1984 Page 2 A motion was made by Mayor Pro Tem Turner that the hearing be closed, seconded by Council Member Guerrero and passed unanimously. Mr. Gary Dumas, Senior Planning, located the area on the zoning use map, described the land use in the surrounding area and stated planned use is in accordance with the Bayfront Plan even though their development are definite yet. City Secretary Read polled the Council for their votes on the effecting the zoning change and it passed as follows: 1. ORDINANCE NO. 18027: and land that the plans for ordinance AMENDING THE ZONING ORDINANCE UPON APPLICATION OF CHAPARRAL RESORT PROPERTIES BY CHANGING THE ZONING MAP IN REFERENCE TO LOTS 1 THROUGH 12, BLOCK A-6, AND LOTS 2, 4 AND A PORTION OF 6, BLOCK 75, BROOKLYN ADDITION, FROM "B-1" NEIGHBORHOOD BUSINESS DISTRICT AND "AT" APARTMENT TOURIST DISTRICT TO "B-4" GENERAL BUSINESS DISTRICT; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Guerrero, Kennedy, McComb, Mendez and Slavik voting, "Aye"; Berlanga and Hawkins, "absent" at the time the vote was taken. * * 2. Application No. 1083-11, Mr. and Mrs. Arnold Adame: for a change of zoning from "R -1B" One -family Dwelling District to "I-2" Light Industrial District on Lot 18, Block 4, Highway Village, Section 1, located on the east side of Charles Drive, approximately 188' north of Leopard Street. Mr. Utter stated that in response to the eleven notices that had been mailed, two in favor and three in opposition had been returned and that both the Planning Commission and Planning Staff recommend denial but in lieu thereof, that a special permit be approved for a workshop and a house located at the front of the property. Mr. Dumas located the area on the zoning and land use map, described the land use in the surrounding area, showed slides of the vicinity and stated that the Staff feels that "I-2" zoning as requested is not suitable for this area. He stated that both the Staff and the Commission feel that a special permit would be acceptable if the house is located on the front of the property so that it would be in keeping with the remainder of the neighborhood. He explained that the owners plan the establishment of an ornamental iron shop and the special permit will limit the size of the operation. Mr. Utter explained that the process proposed would be light welding and some bending of the iron with a small hydraulic press. He expressed the opinion that the Council should include in the special permit ordinance a provision that the work be done only between the hours of 8 to 5. ttes cial Council Meeting January 11, 1984 Page 3 Council Member Slavik expressed concern about the proposed operation of an industrial type because of the noise involved. Mayor Jones called on the applicant to speak at this time. Mrs. Beth Adame stated that at the time she and her husband applied for a zoning change, they informed the Staff that they plan to establish a small workshop on the back of their property but they do want to construct their home in the front and she, too, would object to very loud noises because they will be residing there also. Mrs. Adame pointed out that very little traffic would be generated by this business. She pointed out the fact that there is a feed store and a body shop about ten feet away from their fence line and she felt that their planned business would not be too much different from the body shop that is located in the area. She stated that she hoped that the hours will not be restricted to no later than 5 p.m. because occasionally, her husband has to work a little after 6 or 7 p.m. Council Member Slavik inquired about the effect this zoning would have on property zoned "R -1B". Mr. Utter reminded the Council that approximately a month ago, there was a vacant lot next to a commercial area and the Staff recommended multi -family zoning. He pointed out that in those areas where there is vacant land located next to commercial property, there is little chance that anyone will build single-family dwellings and the Staff plans to recommend change of zoning in those cases. He referred to this particular zoning case and stated that this is a mixed use plan in that a house and a workshop will be constructed on the same piece of property. He expressed the opinion that this is good transitional zoning because it is both residential and business and they do not feel that the noise will be excessive for the neighbors. Mayor Pro Tem Turner expressed concern because she felt that there may eventually be a truck delivering the fences and materials and the site plan does not indicate that a house will definitely be built in front and the entire property could become a business. Mrs. Adame agreed that they plan to build the shop first but they hope to have the house constructed within the next few years. Mayor Pro Tem Turner again expressed concern that the house might never become a reality and the property will actually become a business. Mr. Utter stated that the Council could specify that the special permit include a provision that a house must be constructed within two years or the special permit will no longer be in effect. Mayor Pro Tem Turner stated that she also felt that the hours of operation for the shop should be limited to 8 a.m. to 6 p.m. rtes cial Council Meeting January 11, 1984 Page 4 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 Mayor Pro Tem Turner that the requested zoning of "I-2" be denied but in lieu thereof, that a special permit be approved with the stipulation that the dwelling referred to must be constructed on the front of the property within two years or the special permit will no longer be in effect and that the hours of operation should be from 8 a.m. to 6 p.m. The motion was seconded by Council Member Hawkins and passed unanimously. Mr. Utter stated that the ordinance containing those provisions will be on the agenda next week. * * * * * * * * * * * 3. Application No. 1183-4, Mr. Norman Jones: for a change of zoning from "B-4" General Business District to "I-2" Light Industrial District on Lots 3 and 4, Block 3, Lexington Subdivision, located on the northeast corner of Ayers Street and Sacky Drive. Mr. Utter informed the Council that in response to the ten notices of the public hearing, one in favor and none in opposition had been returned and that the Planning Commission recommends denial but in lieu thereof, that a special permit subject to the submission of an approved site plan for the operation of a can crushing operation be approved and stated that a site plan has been submitted and approved by the Planning Commission. He stated that the Planning Staff recommends denial of this application. Mr. Dumas located the area on the zoning and land use map, described the land use in the surrounding area, and stated that the owner plans to locate an aluminum can crushing company at this location. He stated that the Zoning Board of Adjustment ruled that this type of operation should be located in an industrial area. He reviewed the actions of the Planning Commission and explained the planned operation and showed slides of the vicinity. Council Member Berlanga inquired if this would adjoin any residential lots, and Mr. Dumas replied that there is a relatively large mobile home park in the area. He pointed out the location of the closest residential area which is about 100' away. Mr. Berlanga stated that although this is a noisy operation, if the closest residential area is over 100' away, it might be far enough to eliminate the noise factor. Council Member Slavik stated that she had read in a memorandum explaining this that it is a noisy and dusty operation. She pointed out that the applicant is collecting cans at this time and although she is in favor of recycling cans, she did not think this was an appropriate area in which to do so. Mayor Jones called on the applicant to speak at this time. rtes cial Council Meeting January 11, 1984 Page 5 Mrs. Terry Rascoe stated that she is in charge of this operation and informed the Council that Owen Plumbing Company is directly behind this property; so is the ABC Hardware; next to that is a manufacturing signs operation; and the Hygeia Dairy is in the vicinity and that company operates trucks constantly throughout the day and night. She stated that the planned operation is not new for this area because there are trailers which collect the cans which have been there for some time. She explained that they plan to flatten the cans, not crush them, which is not quite as noisy an operation. She informed the Council that she had visited with the neighbors in the area and they have no objection to the can flattening operation. Mrs. Rascoe also pointed out to the Council that the City Sanitation Department has trucks in the area and they are parked there. She referred to the allegation that the storing of cans would increase the number of insects and rodents in the area and she expressed the opinion that they would be no worse than sanitation trucks. She stated that the trailers in which the cans are stored are completely enclosed. She stated that she did not know why there was any objection to this operation because she keeps the area completely clean and informed the Council that their hours are from 9 to 6, seven days a week. Mrs. Rascoe stated that this operation is actually owned by Sun Market. Mr. Utter explained to the Council that the Staff objects to this operation because of the plan to recycle the cans at this location, and this process at other locations generates a large number of complaints from the neighbors because of the noise and the alleged problem with insects and odors. Council Member Kennedy inquired if the hours of 9 to 6 could be specified in the special permit, and Mr. Utter replied in the affirmative. Dr. Kennedy stated that he could support the special permit under those conditions. Mrs. Rascoe indicated that she could accept those hours for the operation. A motion was made by Council Member Kennedy that the hearing be closed, seconded by Council Member Slavik and passed unanimously. A motion was made by Council Member Kennedy that the zoning of "I-2" be denied but in lieu thereof, that a special permit be approved with the provision that the hours be limited to 9 to 6, seven days a week, and that a can flattening process be approved. The motion was seconded by Mayor Pro Tem Turner and passed unanimously. Mr. Utter informed the Council that the ordinance approving a special permit with those special provisions will be prepared and placed on the agenda the following week. * * * * * * * * ites cial Council Meeting January 11, 1984 Page 6 4. Application No. 1183-8, Insco Distributing, Inc.: for a change of zoning from "B-4" General Business District to "I-2" Light Industrial District on a parcel of land being 1.25± acre out of Lot 2, Section 5, Bohemian Colony Lands, located on the west side of Greenwood Drive, approximately 650' north of Bala Pit Road. Mr. Utter informed the Council that there was no response to the five notices of the public hearing that were mailed. He stated that both the Planning Commission and Planning Staff recommend that the requested zoning of "I-2" be denied but in lieu thereof, that a special permit be granted for a building for the sale of air conditioning supplies, equipment and parts. Mayor Jones ascertained that no one in the audience wished to speak on this zoning application. A motion was made by Mayor Pro Tem Turner that the hearing be closed, seconded by Council Member Berlanga and passed unanimously. City Secretary Read polled the Council for their vote on the ordinance and the following was passed: 4. ORDINANCE NO. 18028: AMENDING THE ZONING ORDINANCE UPON APPLICATION OF INSCO DISTRIBUTING, INC. BY GRANTING A SPECIAL COUNCIL PERMIT FOR A SHOWROOM ON A PORTION OUT OF LOT 2, SECTION 5, BOHEMIAN COLONY LANDS; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Berlanga, Hawkins, Kennedy, McComb, Mendez and Slavik voting, "Aye"; Guerrero, "absent" at the time the vote was taken. * * * * * * * * 5. Application No. 1183-12, Mr. and Mrs. Robert L. zoning from "R -1B" One -family Dwelling District District on the west 10' of Lot 5 and the Koolside Addition, located on the north side 350' west of Dorothy Drive. Peardon: to "B-4" east 60' of of McArdle for a change of General Business Lot 6, Block 2, Road approximately Assistant City Manager Utter informed the Council that in response to the twenty-four notices of the public hearing, three in favor and nine in opposition had been returned and that both the Planning Commission and Planning Staff recommend denial of the "B-4" zoning but in lieu thereof, that the zoning of "AB" be approved. He stated that the applicant has agreed to this zoning. No one in the audience spoke in regard to this zoning application. ites cial Council Meeting January 11, 1984 Page 7 A motion was made by Council Member Hawkins that the hearing be closed, seconded by Council Member Mendez and passed unanimously. City Secretary Read polled the Council for their vote on the ordinance effecting the zoning change and it passed as follows: 5. ORDINANCE NO. 18029: AMENDING THE ZONING ORDINANCE UPON APPLICATION OF MR. AND MRS. ROBERT L. PEARDON BY CHANGING THE ZONING MAP IN REFERENCE TO A PORTION OF LOTS 5 AND 6, BLOCK 2, KOOLSIDE ADDITION, FROM "R -1B" ONE -FAMILY DWELLING DISTRICT TO "AB" PROFESSIONAL OFFICE DISTRICT; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Berlanga, Hawkins, Kennedy, McComb, Mendez and Slavik voting, "Aye"; Turner and Guerrero, "absent" at the time the vote was taken. * * * * * * * * * There being no further business to come before the Council during the Special Council Meeting, on motion by Mayor Pro Tem Turner, seconded by Council Member Hawkins and passed unanimously, the Special Council Meeting was adjourned at 4:40 p.m., January 11, 1984. * * * * * * * * * DZ/rr