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HomeMy WebLinkAboutMinutes City Council - 08/06/1975 - SpecialMINUTES CITY OF CORPUS CHRISTI, TEXAS SPECIAL COUNCIL MEETING August 6, 1975 3:30 p.m. PRESENT: Mayor Jason Luby Mayor Pro Tem Bill Tipton Commissioners Ruth Gill City Manager R. Marvin Townsend Bob Gulley • Acting City Attorney Bob Coffin Gabe Lozano, Sr. City Secretary Bill G. Read Eduardo Sample • Mayor Luby called the meeting to order and stated the purpose of the special meeting was to hold public hearings on zoning applications and any other business as may properly come before the Council . It was noted that a quorum of the Council and required Charter Officers were present to conduct a valid meeting. City Manager Townsend presented Application 0575-6, McDonald and Miller Mechanical Construction Company, for change of zoning from "A-2" Apart- ment House District to "1-2" Light Industrial District, on Lots 1,2 & 3, Block 12, Morris and Mitchell Extension to South End Addition, located on the southwest corner t of Morris Street and South Alameda Street. The request was heard by the Planning Commission May 19, 1975 and forwarded to the Council with the recommendation that "1-2" be denied, but in lieu thereof, a special permit be approved for an office build- ing and a warehouse structure according to a site plan. The Planning staff recommended denial on the basis that approval would be an intrusion into the residential area; would be detrimental to adjacent properties; and business zoning should cease at Alameda Street. He stated that in response to this hearing; four letters had been received in favor of the request and one in opposition. Chief Planner Larry Wenger pointed out the location of the property on the map and described the land use and zoning classifications in the immediate area. He explained that the applicants have submitted a plan for development of the three lots in conjunction with their'business which is presently operating across Alameda Street as a nonconforming use, and since there will be outside storage, it was necessary to apply for "1-2" zoning, but that the applicants have stated the special permit would be acceptable. The site plan was presented to the Council for review. - 1i nutes Special Council Meeting August 6, 1975 Page 2 Mr. T.E. McDonald, president of the company, stated he had contacted ad- jacent property owners and obtained signed letters of approval of the special permit which letters he presented to the Council for record. He explained that the existing house is situated on three lots which is not economically profitable and does not provide the highest and best use of the property. He stated they intend to place a screening fence around the property and to abide by all rules and regulations governing this type zoning, that they preferred the requested "I-2" zoning but would accept the special permit. Councilperson, Gill, expressed concern that the Planning Commission's recom- mendation that a special permit be granted, was approved by a 3-2 vote with four members absent. City Manager Townsend stated the staff had tried to encourage the Commission not to take action in cases where there were less than five votes. No one appeared in opposition to the foregoing zoning request and recom- mendation of the Planning Commission. Motion by Lozano, seconded by Gulley and passed, that the hearing be closed. Motion by Gulley, seconded by Gill and passed, that the recommendation of the Planning Commission be concurred in and Application #575-6, McDonald and Miller Mechanical Construction Company, for change of zoning from "A-27 Apartment House District to "1-2" Light Industrial District on Lots 1,2 & 3, Block 12, Morris and Mitchell Extension of South End Addition, be denied, but in lieu thereof a special permit be approved for an office building and a warehouse structure according to the site plan pre- sented and approved by the Commission on June 24, 1975, and art ordinance be brought forward effectuating the special permit. City Manager Townsend presented Application #675-5, Radio KCCT, Inc., for change of zoning from "R -1B" One -family Dwelling District to "B-4" General Business District, on Lots 1A & 1B, Block 1, Ebony Acres Annex, located approximately 300' north of Leopard Street on the west side of Benys Road. The application was heard June 10, 1975 and forwarded to the Council with the recommendation that "B-4" be denied, and in lieu thereof a special permit be approved for offices and studio for a radio broadcasting station. It was the opinion of the Planning staff that this request should be denied and a special permit granted since the owner does not have a definite plan which would preclude any additional uses for the area. He presented the site plan which was approved by the Commission 1inutes ,pecial Council Meeting August 6, 1975 Page 3 on June 24, 1975 for Lot 1B only and the applicant requested an exception to the screening fence requirement between Lot 1A and Lot 1B as they own both properties. He stated the requirements had been met on the site plan. He stated that in response to this hearing, one letter had been received in opposition and one in favor. Mr. George Clower, representing the applicant, stated they were agreeable to the special permit as recommended and according to the site plan which they had sub- mitted. ub-mitted. No one appeared in opposition to the foregoing application and recommendation of the Planning Comission. Motion by Tipton, seconded by Sample and passed, that the hearing be closed. Motion by Tipton, seconded by Gulley and passed, that the recommendation of the Planning Commission be concurred in and Application #675-5, Radio KCCT, Inc., for change of zoning from "R -1B" One -family Dwelling District to "B-4" General Business District, on Lots 1A & 1B, Block 1, Ebony Acres Annex, be denied, but in lieu thereof o special permit be approved for offices and studio for a radio broadcasting station, and an ordinance be brought forth effectuating the special permit according to the site plan approved by the Commission June 24, 1975. City Manager Townsend presented Application 0675-8, Poindexter and Wharton Sales Corporation, for change of zoning from "A-1" Apartment House District and a Special Permit to "B-1" Neighborhood Business District, on Lots 11, 12 & 13, Block B, Diaz Addition, located on the south side of Winnebago Street east of Brownlee Boulevard. This request was heard by the Planning Commission on June 24, 1975 and forwarded to the Council with the recommendation that it be approved. The Planning Staff recommended denial. Mr. Townsend reported that in response to this hearing, three letters had been received in opposition including objections from Chief James Avant. His objections were based on the close proximity of these premises to the Police Building and felt consumption of alcoholic beverages if allowed on the premises, would no doubt increase the number of responses for Police service which is already high; also a large number of young people frequent this place, the street is narrow, and the traffic hazards would increase. Mr. Townsend pointed that the objections filed by the Chief of Police were merely being brought a re to the attention of the Council and/not an official objection. He pointed out that the subject property is approximately 100 feet from City Park & Recreation ball park where children play nutes Special Council Meeting August 6, 1975 Page 4 and problems which might involve the police such as alcohol would no doubt be increased. Mr. Danny Mazone, 1323 1/2 South Staples, appeared on behalf of the application and stated the request was made for "B-1" zoning in order to eliminate the restriction contained in the special permit so that he could apply for a beer and wine license which would allow on -premise consumption. He stated there are a group of young adults in this area who have no place to go. He cited other similar establishments in the vicinity and saw no reason for not allowing the one being requested. He stated at present, they have to contend with younger children, and if restricted, would tend to solve the problem of their loitering around the premises. Mr. Bob Thompson, attorney representing Mr. Ed Schroeder, 1001 Grant and owner of the duplexes across the street from the subject property, spoke in opposition to the request, stating it was Mr. Schroeder's feeling that if alcoholic beverages were sold, parking and traffic would increase creating a hazard for the neighborhood, particularly with children going to and from the ball park. He pointed out that originally Mr. Schroeder had supported the zoning change and the special permit, with restrictions on alcoholic beverages, because he felt the convenience store was needed, but did not agree that this Council should reverse the actions of the previous Council, and to grant a permit for on - premise consumption of alcohol would in no way help the problem with the youth in the area, but would only compound it. He explained that his client had been responsible for the denial of the request, of the applicant, fora permit to sell alcohol on the subject property. Motion by Gulley, seconded by Sample and passed, that the hearing be closed. Motion by Tipton, seconded by Gulley, Mayor Luby abstaining, that the recom- mendation of the Planning Staff be concurred in and Application #765-8, Poindexter and Wharton Sales Corporation, for change of zoning from "A-1" Apartment House District and a Special Permit to "B-1" Neighborhood Business District, on Lots 11, 12 & 13, Block B, Diaz Addition, be denied. City Manager Townsend presented Application #675-9, James L. Nichols, Jr., for change of zoning from "R-2" Multiple Dwelling District and "R -1B" One -family Dwelling District to "B-4" General Business District, on Lots 1 & 2, Block 2, Koolside Addition, located on the northwest corner of Dorthy Drive and McArdle Road. The application was heard by the Planning Commission on June 24, 1975 and forwarded to the Council with the recommendation that "B-4" be denied, but in lieu thereof "B-1" Neighbor- Minutes Special Council Meeting August 6, 1975 Page 5 hood Business District be approved. The Planning staff was of the opinion that "B-4" zoning would be an intrusion into a residential neighborhood and would establish a pattern of commercial requests along McArdle Road and therefore recommended denial . Mr. Townsend reported that in response to this hearing, two letters had been received in favor of the request. Mr. James L. Nichols, Jr.,applicant, explained that he is a small business man operating as a car -wash contractor for distribution of equipment; that he is the prospective purchaser of the subject property and has plans to develop it as a car -wash, or car -care center. He stated in his opinion, there is a need for this type service at this location; that it is a clean, non -disturbing business and would not be out of character with the business zoning across the street. He pointed out that because of the heavy traffic on McArdle Road, he felt this location would not be suitable for residential use. He stated he felt assured that other property owners in this vicinity were holding their property for possible commercial development. He also pointed out that it is his understanding that McArdle Street will possibly be widened within a year, and a street that carries that much traffic should be of a commercial character. City Manager Townsend commented that it was a misconception that because of heavy traffic on a street, it should be developed as commercial. Mr. Nichols stated he had contacted several of the people in the area and there was not any objection to the car wash, but they were only concerned with the sale of liquor. No one appeared in opposition to the foregoing application and recommendation of the Planning Commission. Motion by Sample, seconded by Gulley and passed, that the hearing be closed. Motion by Sample, seconded by Gulley and passed, with Gill voting "Nay", that the recommendation of the Planning Commission be concurred in and Application #675-9, James L. Nichols, Jr., for change of zoning from "R-2" Multiple Dwelling District and "R -1B" One -family Dwelling District to "B-4" General Business District, on Lots 1 & 2, Block 2, Koolside Addition, be denied, but in lieu thereof "B-1" Neighborhood Business District be approved and an ordinance be brought forward effectuating the change. ..s nutes Special Council Meeting August 6, 1975 Page 6 ORDINANCE NO. 12741 AMENDING THE ZONING ORDINANCE OF THE CITY OF CORPUS CHRISTI ADOPTED ON THE 27TH DAY OF AUGUST, 1937, APPEARING OF RECORD IN VOLUME 9, PAGES 565, ET SEQ, OF THE ORDINANCE AND RESOLUTION RECORDS, AS AMENDED FROM TIME TO TIME, AND PARTICULARLY AS AMENDED BY ORDINANCE NO. 6106, AS AMENDED, UPON APPLICATION OF McDONALD AND MILLER MECHANICAL CONSTRUCTION COMPANY, BY GRANTING A SPECIAL PERMIT FOR AN OFFICE BUILD- ING AND A WAREHOUSE STRUCTURE, ACCORDING TO THE SITE PLAN APPROVED BY THE PLANNING COMMISSION, SUBJECT TO THE CONDITIONS HEREINAFTER SET FORTH, ON LOTS 1, 2 AND 3, BLOCK 12, MORRIS AND MITCHELL EXTENSION TO SOUTH END ADDITION, SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS; KEEPING IN EFFECT ALL OTHER PROVISIONS OF THE EXISTING ORDINANCE AS AMENDED; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the above ordinance was passed by the following vote: Luby, Tipton, Gill, Gulley, Lozano and Sample voting "Aye" and De Ases absent. ORDINANCE NO. 12742 AMENDING THE ZONING ORDINANCE OF THE CITY OF CORPUS CHRISTI ADOPTED ON THE 27TH DAY OF AUGUST, 1937, APPEARING OF RECORD IN VOLUME 9, PAGES 565, ET SEQ, OF THE ORDINANCE AND RESOLUTION RECORDS, AS AMENDED FROM TIME TO TIME, AND PARTICULARLY AS AMENDED BY ORDINANCE NO. 6106, AS AMENDED, UPON APPLICATION OF RADIO KCCT, INC., BY GRANTING A SPECIAL COUNCIL PERMIT FOR OFFICES AND STUDIO FOR A BROADCASTING STATION, WITH A WAIVER OF THE SCREENING FENCE REQUIREMENT, ACCORDING TO THE SITE PLAN APPROVED BY THE PLANNING COMMISSION, SUBJECT TO THE CONDITIONS HEREINAFTER SET FORTH, ON LOT 1B, BLOCK 1, EBONY ACRES ANNEX, SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS; KEEPING IN EFFECT ALL OTHER PROVISIONS OF THE EXISTING ORDINANCE AS AMENDED; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the above ordinance was passed by the following vote: Luby, Tipton, Gill, Gulley, Lozano and Sample present and voting ' "Aye.", De Ases was absent. ORDINANCE NO. 12743 AMENDING THE ZONING ORDINANCE OF THE CITY OF CORPUS CHRISTI ADOPTED ON THE 27TH DAY OF AUGUST, 1937, APPEARING OF RECORD IN VOLUME 9, PAGES 565, ET SEQ, OF THE ORDINANCE AND RESOLUTION RECORDS, AS AMENDED FROM TIME TO TIME AND PARTICULARLY AS AMENDED BY ORDINANCE NO. 6106, AS AMENDED, UPON APPLICATION OF JAMES L. NICHOLS, JR. BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON LOTS 1 AND 2, BLOCK 2, KOOL- SIDE ADDITION, SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "R-2" MULTIPLE DWELLING DISTRICT AND "R -1B" ONE -FAMILY DWELLING DISTRICT TO "B-1" NEIGHBORHOOD BUSINESS DISTRICT; KEEPING IN EFFECT ALL OTHER PROVISIONS OF THE EXISTING ORDINANCE AS AMENDED; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the above ordinance was passed by the following vote: Luby, Tipton, Gill, Gulley, Lozano and Sample present and voting "Aye." De Ases was absent. Minutes Special Council Meeting August 6, 1975 Page 7• There being no further business to come before the Council, motion by Tipton, seconded by Gulley and passed, that the meeting be adjourned at 5:00 p.m., August 6, 1975. Following the Special Meeting the Council reconvened the workshop meeting and Assistant Director of Public Utilities, Douglas Matthews, made a detailed presentation of the status of wastewater lateral line construction projects in the City, pointing out specific projects which should receive early attention, and other projects which should be considered. 1