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HomeMy WebLinkAboutMinutes City Council - 02/29/1984 - SpecialMINUTES CITY OF CORPUS CHRISTI, TEXAS SPECIAL COUNCIL MEETING FEBRUARY 29, 1984 7:00 P.M. PRESENT: Mayor Luther Jones Mayor Pro Tem Betty N. Turner Council Members: David Berlanga, Sr. Welder Brown Leo Guerrero Dr. Charles W. Kennedy, Jr. Joe McComb Frank Mendez Mary Pat Slavik City Manager Edward A. Martin Assistant City Attorney John Bell City Secretary Bill G. Read Mayor Luther Jones called the meeting to order in the Council Chamber of City Hall. 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. Mayor Jones explained that the purpose of the Special Council Meeting is to conduct public hearings on five zoning applications. 1. Application No. 184-15, Loyal Order of Moose Lodge #734, for a change of zoning from "R -1B" One -family Dwelling District with "SP" Special Permit to "B-4" General Business District on Tract 1, and "A-2" Apartment House District on Tract 2, being 19.43± acres out of Lot 1, Peary Place Annex "E" and Lot 10, Section 31, Flour Bluff and Encinal Farm and Garden Tracts, located on the south side of S. Padre Island Drive, approximately 672 feet west of Paul Jones Avenue. Assistant City Manager Tom Utter informed the Council that in response to the four notices of the public hearing, three in favor and none in opposition had been returned. He stated that the Planning Commission and Planning Staff both recommend approval of the zoning application. MICROFILMED nutes ,pecial Council Meeting February 29, 1984 Page 2 Mayor Jones ascertained that no one in the audience wished to speak in opposition to this zoning application. A motion was made by Mayor Pro Tem Turner that the hearing be closed, seconded by Council Member Brown and passed unanimously. City Secretary Read polled the Council for their votes on the ordinance and it passed as follows: 1. ORDINANCE NO. 18104: AMENDING THE ZONING ORDINANCE UPON APPLICATION OF LOYAL ORDER OF MOOSE LODGE #734 BY CHANGING THE ZONING MAP IN REFERENCE TO A PORTION OUT OF LOT 1, PEARY PLACE ANNEX "E" AND LOT 10, SECTION 31, FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS FROM "R -1B" ONE -FAMILY DWELLING DISTRICT WITH "SP" SPECIAL PERMIT TO "B-4" GENERAL BUSINESS DISTRICT ON TRACT 1 AND "A-2" APARTMENT HOUSE DISTRICT ON TRACT 2; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Turner, Berlanga, Brown, Guerrero, Kennedy, McComb, Mendez and Slavik voting, "Aye"; Jones, "abstained". 2. Application No. 184-3 Mr. A. B. Marshall, Jr., for a change of zoning from "R -1B" One -family Dwelling District to "B-4" General Business District on Lot 22, Block 1, Southside Addition, located on the west side of Archer Drive, approximately 100' south of Sunnybrook Road Assistant City Manager Utter stated that in response to the twenty-six notices of the public hearing that had been mailed, two in favor and three in opposition had been returned. He stated that both the Planning Commission and Planning Staff recommend denial and the Staff analysis indicated that the proposed use would be an intrusion into an established single-family area. Mr. Larry Wenger, Director of Planning, 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 applicant has requested the change of zoning in order to utilize the rear portion of the lot for parking for a business located on the lot at the rear of this property which faces on Ayers Street. He explained that the reason for the application is because a violation was brought to the attention of the City; a citation was issued; and the property owner then submitted an application for a change of zoning. Mr. Wenger continued by explaining that the property owner wishes to split the lot for residential and business use; the business owner does not reside there; but he plans to continue renting the residential portion and using the rear portion of the lot for parking for his business. _nut es .,pecial Council Meeting February 29, 1984 Page 3 Mr. Ken Myska, 4221B Walnut Hills, appeared on behalf of the applicant and stated that they wish to establish a parking lot at the rear of the subject lot to help relieve the parking and traffic from Ayers Street. He displayed photographs of the parking on normal days and informed the Council that Mr. Marshall has no place for his employees to park nor does he have a place for cars waiting to be picked up to be parked. He explained that Mr. Marshall had purchased the subject lot in order to provide parking for his employees and that he will continue to use the residential structure as rental property. He referred to the photographs and pointed out that the parking does not really detract from the residential character of the neighborhood. He stated that they would like to have a special permit to allow the continuance of the parking on this lot. He explained that Mr. Marshall did not realize that he needed a permit from the City in order to install this parking lot. Council Member Kennedy inquired if this could be approved by a special permit, and Mr. Wenger replied that it could but the Staff does not recommend it. Also addressing the Council was the applicant, Mr. A. B. Marshall, Jr. He stated that they have a very bad parking situation because he has built up his Texas Battery Service business a great deal. He pointed out that they had installed a fence at the back and all he wanted was a special permit to allow the continuation of use of the back of the lot for parking purposes. Mayor Pro Tem Turner expressed concern about the complaints by the neighbors in the neighborhood. Mr. Marshall then explained that a friend of his had approached all of the neighbors to explain to them what they were doing and only one objected to it because he felt that his property value would be lowered. He assured the Council that he had no plans to drive cars out on to Archer Street because they would be approaching the lot from the Ayers Street location. Council Member Guerrero expressed concern that approval of this would establish a precedent. Mr. Marshall explained to the Council that he had attempted for years to purchase a lot on the side of his business property which fronts on Ayers but he had been unsuccessful in obtaining a fair price. A motion was made by Council Member Kennedy that the hearing be closed, seconded by Council Member Berlanga and passed unanimously. Council Member Kennedy suggested to Mr. Marshall that he prepare a petition and have it signed by all of the neighbors to indicate that they have no objection to the practice of parking cars at the rear of this lot. Dr. Kennedy indicated that he could agree to a special permit under those circumstances. nutes .,pecial Council Meeting February 29, 1984 Page 4 A motion was made by Council Member Kennedy that Application No. 184-3 be tabled for one week and that Mr. Marshall be requested to attempt to have a petition signed by the residents within the 200 foot area of notification indicating that they do not object to his plan to utilize the lot included in the application for parking for his business which fronts on Ayers. The motion was seconded by Council Member Berlanga and passed by the following vote: Turner, Berlanga, Brown, Kennedy, Mendez and Slavik voting, "Aye"; Jones, Guerrero and McComb voting, "No". Mr. Utter stated that in terms of the motion to table, the Planning Staff will be glad to provide names and addresses of those residents within the 200 foot area for use by Mr. Marshall. Council Member Guerrero disagreed with the motion that had been passed, stating that he felt that the houses could be sold and the new residents would have to live with that decision if the Council grants the special permit for parking. Mayor Jones pointed out that this is just a motion to table and there is no guarantee that the ordinance will pass. 3. Application No. 184-9 Texaco, Inc., for a change of zoning from "B-1" Neighborhood Business District to "B-4" General Business District on Block A, Meadowbrook Subdivision, located on the southwest corner of Airline Road and South Alameda Street. Assistant City Manager Utter stated that of the public hearing, one in favor and one in that both the Planning Commission and Planning analysis indicating that the granting of "B-4" inconsistent with the surrounding zoning since clearly a neighborhood business use and in the present sign is adequate for the intensity of with other signs in the area. in response to opposition had Staff recommend zoning at this the eight notices been returned and denial, the Staff location would be the existing and proposed use is Staff's opinion, the applicant's the use and is clearly in scale 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 pointed out that the reason for the application is to allow for the installation of a larger sign at the service station. He pointed out that there are several service stations on each corner of this intersection and there is a church located across the street. He explained that the existing signs are in compliance with the zoning but the sign that they are requesting is 80 square feet which is twice the size of the one in use at this time. Mayor Jones called on the applicant or his representative to speak. mutes _,pecial Council Meeting February 29, 1984 Page 5 Mr. Charles Campbell, 6701 Everhart #805, appeared on behalf of the applicant and stated that at the Planning Commission Meeting, it was indicated that a 40 -foot sign would be acceptable to them. He explained that the typical sign used by Texaco in the next size is 42 square feet. He explained that they are upgrading the area by the installation of a better looking sign and it will only be 25 feet high. He explained that if he is allowed to install the 42 -foot sign on the corner with a price sign below it, he will only install that one sign because he plans to replace the old sign. Mayor Jones explained a similar situation that had existed in Seattle, Washington, in that the City of Seattle declined to allow certain fast food restaurants to install their usual signs, yet they continued to have excellent business. He pointed out that if the Council approves a special permit for the installation of a 69 square foot sign at this station, similar requests will be received from other service stations. Council Member Kennedy stated that he personally thinks that the proposed sign is less objectionable than that which was approved with the special permit that they currently have. A motion was made by Council Member Kennedy that the request for a change of zoning from "B-1" to "B-4" for Application No. 184-9 be denied but in lieu thereof, that a special permit be granted to allow for the installation of a new sign not to exceed 69 square feet if it replaces the other sign. The motion was seconded by Council Member Mendez. Council Member Slavik inquired about the height of the sign at a neighboring service station, and Mr. Wenger stated that it is 25 feet high which is the legal limit for signs in "B-1" zoning. Mr. Campbell assured the Council that if he is granted the special permit, the ground signs will be eliminated. 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 Berlanga and passed unanimously. Mayor Jones reviewed the motion for the special permit, stating that it was to allow for the installation of a standard Texaco sign 42 square feet in size with a 25 square foot price sign to be installed below it for a total of 69 square feet at a height not to exceed 25 feet and that there be no other signs. He called for the vote on the motion and it passed unanimously. .nutes ,pecial Council Meeting February 29, 1984 Page 6 4. Application No. 184-10 Mr. J. E. Brown, for a change of zoning from "R -1B" One -family Dwelling District to "I-2" Light Industrial District, being a portion of Tract 7, Nueces Acres, located on the north side of Haven Drive, approximately 1,100' east of Violet Road. Mr. Utter informed the Council that in response to the twenty-one notices of the public hearing, none in favor and one in opposition had been returned and that both the Planning Commission and 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. Mr. Wenger explained that a single-family dwelling is located on the front portion and the back portion is used for parking trucks associated with a septic tank business. He stated that they recommend denial because it is the kind of use that would have a detrimental effect on the residential area. Council Member Slavik inquired about the length of time that trucks had been parked there and the applicant replied that he had been using that for parking for nine years. Mayor Jones called on the applicant to speak. Mr. J. E. Brown, 11710 Haven Street, informed the Council that he had been operating the septic tank service for nine years. He pointed out other businesses that are located in this vicinity and reminded the Council that it was before them for consideration in September of 1982, at which time Council Member Kennedy had recommended a special permit and the motion passed by a vote of 4-3. He explained that that hearing was conducted on the same day that the Spohn Hospital parking lot case was considered at the Exposition Hall. He stated at the time he departed the meeting, he was under the impression that he had been granted a special permit so he continued to operate his business and use the back portion of his lot for the parking of the trucks. He stated that the Building Division had informed him that he was in violation at which time he learned that he did not really have a special permit. He explained to the Council that he only has two trucks in operation and he does not have any place to move his business. Mayor Jones inquired if the applicants are not notified when their zoning is denied. Mr. Wenger explained that the usual procedure is for the City Secretary's Office to mail a copy of the ordinance granting the zoning change or special permit to the applicant but there is no notification if a case is denied. He explained that in this situation, the Planning Staff was waiting for a site plan to be submitted before placing it on the agenda for action and this was never done. inutes special Council Meeting February 29, 1984 Page 7 Mr. Brown continued and stated that he was only using the back portion of the lot for parking the two trucks and noted that all of the other people in this type of business operate out of their homes. He mentioned that he has appropriate insurance, permits from the City, pays fees to the City, etc. and is otherwise, in compliance. Council Member McComb inquired if he would be willing to accept a special permit granting the right to park the trucks. Mr. Brown stated that he would and assured the Council that he did not intend to construct a building or any other structure on this lot. He assured the Council that he has always kept his place clean and there is no odor associated with the operation of the trucks. Mayor Jones suggested that notification be made when zoning cases are denied. Speaking in opposition to the application was Mrs. Aurelio Morin, 11709 Haven. She stated that they are opposed to it because the trucks are very noisy, large and unsanitary. She stated that there are four families that are very close to this subject property who are opposed to this operation. She stated that she, personally, had not noticed it but other neighbors have indicated that there are unpleasant odors associated with the operation of this business and that she is apprehensive that this building will grow if this zoning is granted. She pointed out that this is a residential area and she would like to retain this type of use. Council Member Kennedy inquired if the Council grants a special permit and limits the number of trucks that could be parked there if Mrs. Morin would still object to the operation, and Mrs. Morin stated that she did not know. Council Member Mendez further explained the special permit and assured Mrs. Morin that no additional trucks could be added and there could be no construction on the lot. Mrs. Morin indicated that she still objected to the operation because of the excessive noise that is created several times each day when the trucks depart in the morning, return for lunch and return in the evening. Council Member Guerrero expressed the opinion that this is an infringement in the neighborhood and he would vote against it. A motion was made by Council Member Kennedy that the hearing be closed, seconded by Council Member Berlanga and passed unanimously. A motion was made by Council Member Kennedy that the requested zoning of "1-2" be denied but in lieu thereof that a special permit be approved to allow for the parking of only two trucks at the rear of the property. The motion was seconded by Council Member McComb. nutes .pecial Council Meeting February 29, 1984 Page 8 Mayor Jones stated that he sympathized with Mr. Brown; this business was in violation when he first moved there; this is a residential area; and he did not believe that this type of use should be allowed in a residential neighborhood. He reiterated that he will vote against it. Mayor Jones called for the vote on the motion and it failed to pass by the following vote: Kennedy and McComb voting, "Aye"; Jones, Turner, Berlanga, Guerrero, Brown, Mendez and Slavik voting, No". A motion was made by Council Member Guerrero that the Council concur with the recommendation of the Planning Commission and Planning Staff and deny the requested zoning for Application No. 184-10; seconded by Council Member Berlanga; and passed by the following vote: Jones, Turner, Berlanga, Brown; Guerrero, McComb, Mendez and Slavik voting, "Aye"; Kennedy voting, "No". 5. Application No. 184-16 Mr. & Mrs. Alfred G. Martinez, for a change of zoning from "R -1B" One -family Dwelling District to "R-2" Multiple Dwelling District on Lots 11 and 12, Block 2, Gardendale No. 2, located on the south side of Williams Drive, approximately 225 feet west of Betty Jean Drive. Mr. Utter informed the Council that in response to the twenty-one notices of the public hearing, four in favor and three in opposition had been returned. He stated that both the Planning Commission and 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 the applicant plans the construction of apartments which could have a detrimental effect on this predominantly residential area. Mayor Jones called on the applicant to speak. Mr. Alfred G. Martinez, 1725 Daly, urged that this zoning be granted. He displayed pictures taken on Bonner Drive and Cain Drive showing apartments constructed in Gardendale Subdivision. He assured the Council that he only plans to construct eight units which will not appreciably increase the traffic. He explained that these lots are 200 feet deep; the property is fenced; and they plan to keep it clean. Mayor Jones inquired about whether or not he had arranged for a contractor to build the apartment units, and Mr. Martinez stated that he did plan to employ a contractor to do the work. Council Member Slavik expressed concern about the possibility of crowding if that many units are constructed on this lot. She pointed out that this is in a single-family dwelling area. inutes .thpecial Council Meeting February 29, 1984 Page 9 Council Member Berlanga expressed the opinion that if a nice complex is constructed there, he did not believe that it will detract from the neighborhood. He predicted that all of that area will some day be zoned for apartments. Mr. Wenger pointed out that the applicant plans to construct several structures on the lot with carports between them but pointed out that under "R-2" zoning, he could only construct one duplex on each lot. He informed the Council that Mr. Martinez could not do what he plans to do because that many units could not be constructed. Mrs. Paula Martinez, one of the applicants, stated that they have lived there for ten years. She referred to a letter of opposition which indicated that a resident was afraid that crime and burglaries would increase in this vicinity if apartments are constructed. She pointed out that there are other apartments already located in that vicinity. No one else spoke in regard to this zoning application. A motion was made by Council Member Kennedy that the hearing be closed, seconded by Mayor Pro Tem Turner and passed unanimously. A motion was made by Council Member Slavik that the Council concur with the recommendation of the Planning Commission and Planning Staff and deny the request for a change of zoning to "R-2"; seconded by Council Member Brown; and passed by the following vote: Jones, Turner, Brown, Guerrero, Kennedy, McComb, Mendez and Slavik voting, "Aye"; Berlanga voting, "No". There being no further business to come before the Council, on motion by Mayor Pro Tem Turner, seconded by Council Member Slavik and passed unanimously, the Special Council Meeting was adjourned at 8:25 p.m., February 29, 1984. DZ/rr I, LUTHER JONES, Mayor of the City of Corpus Christi, Texas certify that the foregoing minutes, same being for the period of January 4, 1984 thru January 25, 1984, inclusive and having been previously approved by Council action, are by me hereby approved as itemized. January 04, 1984 - Regular Council Meeting January 11, 1984 - Regular Council Meeting January 11, 1984 - Special Council Meeting January 11, 1984 - Special Council Meeting January 18, 1984 - Regular Council Meeting January 25, 1984 - Special Council Meeting January 25, 1984 - Regular Council Meeting