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HomeMy WebLinkAboutMinutes City Council - 01/07/1976 - SpecialMINUTES CITY OF CORPUS CHRISTI, TEXAS SPECIAL COUNCIL MEETING JANUARY 7, 1976 3:30 P.M. PRESENT: V Mayor Pro. Tem'BiII Tipton Commissioners: Eduardo de Ases City Manager R. Marvin Townsend Ruth Gill City Attorney J. Bruce Aycock Bob Gulley City Secretary Bill G. Read Gabe Lozano, Sr. Edward Sample Mayor Pro Tem Tipton called the meeting to order in the Council Chamber of the City Hall for the purpose of holding public hearings on zoning applications and any other business as may properly come before the Council. City Secretary Bill G. Read noted that a quorum of the Council was present to conduct a valid meeting. City Manager Townsend presented Application #1175-I, Daniel L. Mirabal, for change of zoning from "B -I" Neighborhood Business District to "B-3" Business District, on Lot 7-L, Ava Cooper Addition, located on the west side of Kostoryz Road, midway between Horne and Gollihar Roads. The request was heard by the Planning Commission on November 25, 1975 and forwarded to the Council with the recommendation that it be approved. The Planning Staff's recommendation was for denial. He reported that two responses of this hearing had been received in favor of the "B-3" zoning. Chief Planner Larry Wenger summarized the application and described the location and zoning classifications in the surrounding area. He explained that the City Inspection Division recently cited the applicant for a violation of the zoning ordinance, which is the reason for this request. The Planning Staff's recommendation for denial was on the basis that uses presently existing a"re of a neighborhood service type to accommodate area residents; that "B-3" allows more intense uses and larger signs; and the Staff is concerned that if this request were approved, additional requests would be made on other properties which would compound the problems along this portion of Kostoryz. Mr. Daniel L. Mirabal, applicant and owner of the property, told the Council that he has been operating a furniture and auto upholstery business in this building for approximately three years; that he was not awareihe was operating in violation until recently when an inspector so advised him; that he is anxious to be within the law and would like to have the operation conform with the zoning; that he is willing to make any adjustments within reason to meet the requirements, but would not want to lose his business; stated that he has had no problems with the neighbors the three years he has been in business; that his business is good and some time in the future he hopes to expand it; that when he Jtes Special Council Meeting January 7, 1976 Page 2 opened up the business, nobody told him about the zoning, and at that time he had obtained a permit for a sign. He explained that cars are parked in front of the house while he is working but that he has plenty of parking room in the rear of the building. Mrs. Lois Reiner, 3403 Browner, stated her only objection would be the parking of cars in the front yard; but in her opinion, to rezone it "B-3" would be spot zoning. Mr. Ramon F. Castaneda, applicant of a subsequent and similar zoning case, spoke in support of Mr. Mirabal's request as well as his own. He commented that businesses such as upholstery shops should be allowed in the "B -I" classification and the ordinance should be amended. He pointed out that other businesses such as service stations are being permitted in 9-1". He named several other upholstery shops now operating in the "B -I" districts. He stated there is very little traffic associated with either his or Mr. Mirabal's upholstery shops. Mr. Paul Vogler spoke in favor of the request on behalf of Mr. Charles Nichols and the H. E. Butt Grocery Co. He stated he could see no difference in the operation of the upholstery shop and many other uses allowed in the "13-1" districts. He pointed out the lack of noise connected with the business and very little traffic; the neighbors have found nothing offensive connected with the operation; the business is needed and employment is important. He also stressed the fact that a permit had been issued for the sign, and stressed the applicant's willingness to meet all requirements within reason. Motion by de Ases, seconded by Gulley and passed, that the hearing be closed. Motion by de Ases, seconded by Sample, that the recommendation of the Planning Commission be accepted. Commissioner Gulley commented that the parking should be at least blacktopped which would improve the neatness of the property; and since the Council does not desire to put the applicant out of business, that would be the next best thing. Councilmember Gill suggested that a special permit be granted to prevent another owner from intensifying the use if the property changed owners. City Manager Townsend suggested that the Planning Commission be asked to review the "B -I" classification with regard to permitting upholstery shops in "8-1". Commissioner de Ases agreed that this operation appears to be the least offensive and possibly the "8-3" requirements are a bit onerous in this case. He suggested that Mr. Mirabal be permitted to continue his business until a determination is made whether or not this type of business should be included in "B -I", with the condition that he will not be asked to pay an additional fee. • (lutes Special Council Meeting January 7, 1976 Page 3 Motion by Gill, seconded by Gulley and passed, that the motion on the floor to accept the recommendation of the Planning Commission to approve Application #1175-I, Daniel L. Mirabal, be tabled for 60 days. Motion by Gill, seconded by Gulley and passed, that the Planning Commission be asked to review Article 13, Section 13.2-4 of the Zoning Ordinance and make recommendations to the Council concerning changing the zoning requirements of furniture upholstery and automobile upholstery operations to be included in the "B -I" districts. The City Secretary was directed to advise Mr. Mirabal in ample time before the expiration of 60 days when the case will be reconsidered. City Manager Townsend presented Application #1175-2, Ramon F. Castaneda, for change of zoning from "B -I" Neighborhood Business District to "8-3" Business District, on Lot 21, Block 2, Mahan Acres, located on the east side of Kostoryz Road, 210' north of McArdle Road. The application was heard by the Planning Commission November 25, 1975 and forwarded to the Council with the recommendation that it be approved. The Planning Staff recommended denial because of the intense uses permitted in the "B-3" district and larger signs and the fact that this change would generate other requests which, if approved, would compound the problems along this portion of Kostoryz Road. Mr. Townsend explained that Mr. Castaneda's request is almost identical to the foregoing Mirabal request and was brought about in the same manner. Mr. Wenger summarized the application and described the uses in the surrounding area. He explained that the Staff's recommendation for denial was for the same reason as the foregoing case. Mr. Castenada, applicant, spoke on behalf of his request, explaining that he had adequate parking space in the rear of the property, but that his business which has been in operation for approxi- mately IB months, generated far Tess traffic than the bakery shop next door, that most of his business. is conducted by phone. He stressed that his present problem is that he would like to erect a sign which can be seen from across the street, and that this will be damaging to his business if he has to wait 60 days. No one appeared to speak in favor or in opposition to the foregoing application. Motion by Sample, seconded by Lozano and passed, that the hearing be closed. Motion by Gill, seconded by Sample and passed, that Application #1175-2, Ramon F. Castaneda, be tabled for 60 days pending a determination of the Planning Commission of whether or not furniture and automobile upholstery shops should be allowed in "B -I" districts. Utes Special Council Meeting January 7, 1976 Page 4 City Manager Townsend presented Application #1175-4, Kaffie Brothers, for change of zoning from "A-1" Apartment House District to "B -I" Neighborhood Business District, on Lot D, Block 4, Rayne Tract, and Lot 1, Block 1, John Bernard Tract, located on the west side of South Carancahua Street, 88' north of Park Avenue. The Planning Commission held a public hearing on the subject application November 25, 1975 and recommended to the Council that it be denied, but in lieu thereof a special permit be approved for an art gallery with the provision that the standard screening fence be waived but that adequate screening be provided by way of landscaping. Mr. Townsend reported that in response to this hearing, three letters were received in favor and two against the requested "B -I" zoning. The applicant, Mr. Charles Kaffie, was present and stated that the special permit as recommended by the Planning Commission was acceptable. Mr. Howell Ward, 615 South Broadway, stated he was opposed to the "B-1" zoning but did not object to the special permit. No one appeared in opposition to the recommendation of the Planning Commission. Motion by de Ases, seconded by Sample and passed, that the hearing be closed. Motion by de Ases, seconded by Gulley and passed, that the recommendation of the Planning Commission be concurred in and Application #1175-4, Kaffie Brothers, for change of zoning from "A-1" Apartment House District to "B-1" Neighborhood Business District on Lot D, Block 4, Rayne Tract, and Lot I, Block 1, John Bernard Tract, be denied; but in lieu thereof a special permit be approved for an art gallery with the provision that the standard screening fence be waived but that adequate screening be provided by way of landscaping, and an ordinance be brought forward effectuating the change. ORDINANCE NO. 12976 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 PAR- TICULARLY AS AMENDED BY ORDINANCE NO. 6106, AS AMENDED, UPON APPLICATION OF KAFFIE BROTHERS, BY GRANTING A SFECIAL PERMIT FOR AN ART GALLERY WITH THE PROVISION THAT A STANDARD SCREENING FENCE BE WAIVED BUT THAT ADEQUATE SCREENING BE PROVI- DED BY WAY OF LANDSCAPING, ACCORDING TO THE SITE PLAN APPROVED BY THE PLANNING COMMISSION, SUBJECT TO THE CONDITIONS HEREINAFTER SET FORTH, ON LOT D, BLOCK 4, RAYNE TRACT, AND ON LOT I, BLOCK 1, JOHN BERNARD TRACT, 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. • 1 rites Special Council Meeting January 7, 1976 Page 5 The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Tipton, de Ases, Gill, Gulley, Lozano and Sample, present and voting "Aye"; Mayor Luby absent. There being no further business to come before the Council, motion by Sample, seconded by Lozano and passed, that the Special meeting be adjourned at 4:45 p.m., January 7, 1976.