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HomeMy WebLinkAboutMinutes City Council - 02/02/1977 - SpecialMINUTES CITY OF CORPUS CHRISTI, TEXAS SPECIAL COUNCIL MEETING FEBRUARY 2, 1977 3:30 P.M. PRESENT: Mayor Jason Luby Mayor Pro Tem Bill Tipton Councilmembers: Eduardo E. de Ases Ruth Gill Bob Gulley ' Gabe Lozano, Sr. Edward Sample City Manager R. Marvin Townsend Executive Assistant City Attorney Michael May City Secretary Bill G. Read Mayor Jason Luby called the meeting to order in the Council Chambers of City Hall. City Secretary Read noted a quorum was present for the meeting. City Manager Townsend announced the public hearing on Application No. 177-1, Mr. Richard T. Irby, for change of zoning from "AB" Professional Office District to "B-1" Neighborhood Business District, located on the east side of South Alameda Street, approximately 375 feet north of Hoffman Street, being Lots 51 and 52, Block 810, Port Aransas Cliffs. He reviewed that the Planning Commission and Planning Staff recommend denial; and that four responses have been received in favor, and two in opposition to the change. Chief Planner Larry Wenger described the surrounding zoning and land uses on a map of the area. The applicant, Mr. Irby, explained that he rents that portion of the building to a lady with a drapery business, and he would like to have a special permit so she could continue her business until the lease expires. He also stated that he was not at the Planning Commission meeting because he didn't receive the notice until the day after the hearing, and assumed it was delayed in the Christmas rush. He asked that the special permit be approved because: the occasional sale of rods to go along with custom draperies would not increase traffic; the business has operated there Tor about a year with no problems or complaints; there is plenty of parking; and no one spoke in opposition at the Planning Commission meeting. Mr. Henry Brown stated that after hearing the presentation and the explanation of the applicant's business, he is in favor of the application. ,INOFTENER, ESEP 0 31980 Minutes Special Council Meeting February 2, 1977 Page 2 Mr. Bob Gough, 502 McClendon, said he lives across the street and opposes "B-1" zoning on the property, but would not be opposed to a special permit. Mr. Leo Kurmadas also stated he would not be against a special permit, but does not want the property zoned "B-1". Motion by de Ases that the hearing be closed; seconded by Sample and passed unanimously. Motion by Gill that "B-1" be denied, but in lieu thereof a special permit be issued to last only for the term of the present lease; and that if the property is sold in the meantime or the business is sold in the meantime before the lease is up, the property would revert to the present "AB" zoning. The Motion was seconded by Councilmember Gulley and passed unanimously. Councilmember Gill suggested that the City start a series of open forums to brief real estate people and the public on the City's zoning laws. City Manager: Townsend then announced the public hearing on Application No. 177-2, Mr. Donald A. Wilke, for change of zoning from "R -1B" One -family Dwelling District to "B-4" General Business District, -located approximately 125 feet north of Johanna•Street, and approximately 100 feet west of Richter Street, being the north 75 feet of Lot 25, Block 1, Lexington Subdivision. He reported that the Planning Commission recommends that it be approved, but the Planning Staff recommends denial because they feel it would be an intrusion into this established residential area. Chief Planner Wenger presented the zoning map of the area. There was no one in the audience who spoke in opposition to the application. Motion by Tipton that the hearing be closed; seconded by Gulley and passed unanimously. Motion by Gulley that Application No. 177-2, Donald Wilke, be approved; seconded by Tipton and passed unanimously. City Manager Townsend then proceeded with the public hearing on Application No. 177-3, Mr. Jack T. Bradford, for change of zoning from "R -1B" One -family Dwelling District and "AB" Professional Office District to "B-3" Business District, located �� y Minutes Special Council Meeting February 2, 1977 Page 3 at the northeast:corner of Cosner Drive and South Padre Island Drive, being Lots 1 and 2, Block 5, Lexington Estates. He reported that the Planning Commission and Staff recommend approval; also that four responses were received in favor of the request. Chief Planner Wenger showed the surrounding zoning and land uses. No one from the audience spoke in opposition to the application. Motion by Lozano that the hearing be closed; seconded by de Ases and passed unanimously. Motion by de Ases to accept the recommendation of the Planning Staff that the Application No. 177-3, Jack Bradford, be approved; seconded by Gill and passed unanimously. The Special Meeting was recessed at 5:15 p.m. to resume the Regular Council Meeting for the public hearing on the request to close George Street, which Mr. Townsend explained is related to the next zoning case. The Special Council Meeting was resumed at 5:21 p.m. for the public hearing on Application #1176-8, E. L. Caldwell & Sons, for change of zoning from "R -1B" One -family Dwelling District to "I-3" Heavy Industrial District, located north of Agnes Street approximately 124 feet east of Eastgate Drive, being a 5 -acre portion of land out of the Peterson (Hatch) Tract. He continued that the Planning Staff recommends denial because they feel that "I-3" zoning would be an intrusion into a residential area and the uses would not be compatible with the adjacent uses; but that the Planning Commission recommends a special permit be approved, -subject to e#ght:conditions. He stated that those -conditions were slightly modified by the Planning Commission on January 4 when they approved the site plan; and Chief Planner Wenger reviewed the site plan in detail for the Council. Mr. Townsend added that seven responses to the notice of the public hearing have been returned in opposition, and two in: favor. He also stated that, due to the written opposition to this zoning case, the 20% rule would be in effect -- requiring six affirmative votes for passage of the ordinance. Minutes Special Council Meeting February 2, 1977 Page 4 Attorney John Brooke,appeared on behalf of the applicant, stating that the site plan and the recommendation of the Planning Commission resulted from lengthy negotiating, and he feels it offers full protection. He explained that Mr. Caldwell's operation has grown so that they now need additional parking and storage. He told the Council that they employ from 130 to 150 employees, with a payroll of about one million dollars a year; that they have operated their business for a number of years and have contributed a lot to the community. He stressed that they are a clean industry -- that there would be no loud noise, smell, pollution or dangerous activity on the premises. Mr. Brooke explained that the proposed parking area would be used for employees only, who would enter through George Street rather than from Agnes Street and through the industrial area of the property, which they feel would not be as safe. He stressed that all delivery trucks, service trucks, etc. would enter from Agnes Street and would be prohibited from going through George Street by the bar to be placed over that entrance as shown on the site plan. He argued that if the property were developed for residential uses, there would be as much car traffic as with their employee parking.. He also maintained that they are an abutting landowner to George Street, and he does not think the Council has the right to close it without their consent. Mr. Brooke summed up that they are agreeable to the special permit as tied to the site plan by the Planning Commission. City Manager Townsend addressed the Council that it would be calamitous to add that much traffic through the subdivisions because of the great number of turns in the streets, which he showed on the map. He corrected that the Council does have the authority to act on the closing of George Street. Mr, Townsend also explained the status of Flores Street in the area and the surrounding property uses. Mr. Julius Rosenberg, 602 Delaine Drive, clarified that no one has a verbal or written option from him to buy his property --contrary to previous statements which had been made. He also informed the Council that he had not received any notice of this public hearing, even though he owns adjacent property. He replied to City Manager Townsend that he would be most interested in discussing an agreement whereby part of his property could be used for access to the subject property. ,. T Minutes Special Council Meeting February 2, 1977 Page 5 City Manager Townsend apologized to Mr. Rosenberg for the Staff's failure to properly notify him of the public hearing, and stated he would check into the record on that. Speaking in opposition was Mr. John McLaughlin, owner of the adjacent mobile home park, who said he was not totally opposed to the special permit, but thinks a screening fence adjacent to their property should be required; and also that the owners should clear the brush in the area as it is a fire hazard. City Manager Townsend responded that a solid screening fence would be required. Mr. A. L. Gaut, 242 Eastgate Drive, spoke in favor of closing George Street. He also complained of poor drainage and standing water on the applicant's property; and that the applicant has merchandise on it now although he does not have a permit for that. Mr. Ronald Lowman, 234 Eastgate Drive, spoke in favor of closing George St. Attorney Brooke stated that the applicant would be happy to remove any brush on his side of the property line, and that he would correct the drainage problem. Mr. Rosenberg stated that, as an adjacent neighbor, he favored the request. Motion by de Ases that the hearing be closed; seconded by Lozano and passed. Motion by de Ases to grant the special permit approved by the Planning Commis- sion with the conditions listed and to close George Street, and with the addition of a ninth condition that the brush be required to be cleared if on the applicant's property; seconded by Gill and passed unanimously. City Manager Townsend stated, "It would seem to me appropriate, after all these years of discussion of Flores Street, that if some element of Flores Street could be constructed, if nothing more than from Agnes Street back into these two landlocked pieces of property, the thrust of that old bond project could be con- sidered met." Mr. Townsend then stated, "We can certainly carry out that request if that be the Council's pleasure." (No formal vote was taken, but the Council indicated their approval.) Councilmember de Ases suggested that the Staff meet with Mr. Rosenbreg to assist in resolving the approach to the Caldwell property as soon as possible. There being no further business at this Special Council Meeting, it was adjourned to resume the Regular Meeting at 6:08 p.m., February 2, 1977. Note: In the Regular Council Meeting of March 23, 1977, motion was made by Lozano that these minutes be corrected to include the paragraph marked above, seconded by Sample and passed unanimously. Minutes Special Council Meeting February 2, 1977 Page 5 City Manager Townsend apologized to Mr. Rosenberg for the Staff's failure to properly notify him of the public hearing, and stated he would check into the record on that. Speaking in opposition was Mr. John McLaughlin, owner of the adjacent mobile home park, who said he was not totally opposed to the special permit, but thinks a 'screening fence adjacent to their property should be required; and also that the owners should clear the brush in the area as it is a fire hazard. City Manager Townsend responded that a solid screening fence would be required. Mr. A. L. Gaut, 242 Eastgate Drive, spoke in favor of closing George Street. He also complained of poor drainage and standing water on the applicant's property; and that the applicant has merchandise on it now although he does not have a permit for that. Mr. Ronald Lowman, 234 Eastgate Drive, also spoke in favor of closing George Street. Attorney Brooke stated that the applicant would be happy to remove any brush on his side of the property line, and that he would correct the drainage problem. Mr. Rosenberg spoke up that, as an adjacent neighbor, he is in favor of the zoning request. Motion by de Ases that the hearing be closed; seconded by Lozano and passed unanimously. . Motion by de Ases to grant the special permit approved by the Planning Commis- sion with the conditions listed and to close George Street, and with the addition of a ninth condition that the brush be required to be cleared if on the applicant's property; seconded by Gill and passed unanimously. ' Councilmember de Ases suggested that the Staff meet with Mr. Rosenberg to try to assist in resolving the approach to the Caldwell property as soon as possible. There being no further business at this Special Council Meeting, it was adjourned to resume the Regular Meeting at 6:08 p.m., February 2, 1977.