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HomeMy WebLinkAboutMinutes City Council - 02/23/1977 - SpecialMINUTES CITY OF CORP STI TEXAS SPECIAL COUNCIL MEETING FEBRUARY 23, 1977' 3;30 P.M. PRESENT; - Mayor Jason Luby • * City Manager R. Marvin Townsend Mayor Pro Tem Bill Tipton }' City Attorney J, Bruce Aycock Councilmembers: City Secretary Bill G. Read Eduardo E. de Ases•t. Ruth Gill • ` ' Bob Gulley ' ` °• - Gabe Lozano, Sr. , Edward Sample - Mayor Jason Luby`called the'meeting to order tn the Council Chambers of City Hall:. '.• • xk' City Secretary Read stated a quorum was present fora legally constituted meeting. .. a , - , City Manager Townsend announced the public hearing on the first zoning ' ,case, Application #1276• -11, Jordon B. Kirshenbaum, for change of zoning from "AT" Apartment Tourist District to "B-1" Neighborhood Business District on Lot 1, Block S,,Seaside.Subdivision, located along the west right-of.way of Ocean , 'Drive,k approximately`850 feet west of • Airline Road. He reported that the recom- mendation of•• the Planning aComnission • is "that it be denied, but in lieu thereof a special permit be approved subject to an appropriate site plan indicating that there shall be no outside'advertising; that identification signs be delineated on ' the site plan; and that there shall be no outside entrances with the exception • Of the two already in existence; and, further, that the uses shall be limited to ▪ t ` . • display rooms for merchandise to be sold on order only (no merchandise storage), offices, personal services,*including barber beauty shops, and retail stores." Mr. Townsend continued that the Planning'Staff recommends denial, on the basis that "Ocean Drive is heavily travelled and that the bay area along this drive is one .of the city's greatest *assets; that all studies of,this'area strongly emphasize that Ocean Drive .should be protected and preserved in its present state; that the •• two nodes of commercial and motel operations pose no problems at the present time, but should not be encouraged to increase or expand, nor should the present uses be', . changed." } ' MICROFILMED 'SEP 0 31980 Minutes . Special Council Meeting February 23, 1977 Page 2 Chief Planner Larry Wenger described the surrounding zoningland land uses. No one spoke in opposition. Motion by Lozano that the hearing be closed; seconded by Gulley and passed unanimously. Motion by Gulley to grant the recommendation of the Planning Commission that the application be denied, but in lieu thereof a special permit be approved subject to an appropriate site plan indicating that there'shall be no outside advertising; that identification signs be delineated on the site plan; and that there shall be no outside entrances with the exception of the two already in existence; and, further, that the uses shall be limited to display rooms for • merchandise to be sold on order only (no merchandise storage), offices, personal services, including barber and beauty shops, and retail stores. The Motion was • • seconded by Lozano and'passed unanimously, City Manager Townsend reviewed Application #177-6, W. R, Hubler, M.D., for change of zoning from "R-2" Multiple Dwelling District to "B-1 Neighborhood Business District on Lots 61 through 64, Block 1001, Bay Terrace #2, located at the northeast corner of Brownlee Boulevard and Elizabeth Street. He reported that the recommendation of the Planning Commission is "that it be denied, but in lieu thereof a special permit be approved for a parking lot according to an appropriate site plan." He stated that the site plan was approved on 2/1/77 indicating a screening fence along the east and north property lines. Mr. Townsend stated that the Planning Staff also recommends approval of a special permit, which they feel would provide a good transition from business to residential uses, and because this case meets the criteria for a special permit as set out in the Zoning Ordinance. He added that two notices were returned in favor of the zoning change and one in opposition. Chief Planner Wenger presented the land use and zoning map of the area. Mr. G. E. Clemons, 1450 S. Brownlee, stated he had no objections if a screening fence is required. The Staff responded that a fence would be required. • Minutes Special Council Meeting February 23, 1977 Page 3 Mrs. Sue Klinker, representing Dr, Huhler, explained that he was called out of town and asked her to speak regarding the application. She passed around to the Council copies of a modification to their original site plan, which would involve less landscaping and more entrances for wheelchair patients using their facility, She commented that there is a lot of vandalism in the area, and she does not know how the landscaping would hold up anyway. City Manager Townsend responded that if they want an area to accommodate wheelchairs, it should be designed specifically for that purpose, as wheelchairs require extra width and other considerations. Under discussion, Councilmember Gill pressed for adequate landscaping and a redesign of the area for wheelchairs. Mayor Luby stated if Dr. Hubler wants that modified plan, they should resubmit it to the,Planning Commission for their, review, Mrs. Klinker stated she did not think he would want the delay, so stated they would go ahead with the present site plan. Motion by Lozano that the hearing be closed; seconded by Tipton and passed unanimously. Motion by Gill to approve the recommendation of the Planning Commission that the application be denied, but in lieu thereof a special permit be approved for a parking lot according to the approved site plan, with the landscaping to be planted simultaneously with the construction of the parking lot; seconded by Sample and passed unanimously. City Manager Townsend then proceeded with the public hearing on Application #177-10, Joe Keliehor, for change of zoning from "R -1B" One -family Dwelling District to "B-4" General Business District on Lot 13, Section 18, Flour Bluff and Encinal Farm and Garden Tracts, located between South Padre Island Drive and Williams Drive, approximately 700 feet west of Nile Drive. He explained that the recommendation of the Planning Commission is "that it be denied, but in lieu thereof a'special permit be approved for a golf course/driving range conditioned with no access from Williams Drive and approval of an appropriate site plan with lighting directed into the interior of the site"; he added that the site plan was approved on 2/1/77 with the notation that the standard screening fence not be required along the east and west boundary lines until adjacent properties are developed for residential purposes, He stated that Minutes Special Council Meeting February 23, 1977 Page 4 the recommendation of the Planning Staff is for dental because they are of the opinion that approval of general business for this depth would be an tntrusion into an area that is established residential along Williams Drive and possibly set a precedent for business development on the 20 -acre vacant area to the west. He informed the Council that the 20% rule would be in effect, and that two letters were returned in opposition to the zoning request. Mr. Hulen Hunt, owner of adjoining property, spoke against the application. He stated he did not think "B-4" zoning is appropriate for that interior, large tract of land; that "B-4" should be reserved for busy intersections and corners. He told the Council that he plans to build apartments on his adjoining property; he there read the list of uses allowed in "B-4" and stated many of those uses would not be desirable next to his apartments. He went on to question whether balls from the driving range might land in his apartment complex, and whether the lights would shine onto it. He added that he would want to look over the site plan for several days to be sure that it would not jeopardize his attempts for securing a loan to build his apartments. Mr. Joe Keliehor, the applicant, explained that he had talked with Mr. Hunt over the telephone but did not have an extra copy of the site plans to take to him so he could review it. Mr. Keliehor stated he is a golfer, and showed Mr. Hunt and the Council how the site plan was laid out with the lights shining inward so.that the golf balls would not reach the adjacent apartment complex. He maintained that it will be a beautiful project, and well landscaped. Mr. Hunt stated that after looking at the site plan and learning that the Planning Commission approved it, he would not be opposed to it. Motion by Gulley that the hearing be closed; seconded by de Ases and passed unanimously. Motion by Gulley to grant the special permit as approved by the Planning Commission; seconded by de Ases and passed unanimously. Minutes Special Council Meeting February 23, 1977 Page 5 City Manager Townsend then announced the public hearing on Application #277-2, Stephen Dean, for change of zoning from "R -1B" One -family Dwelling District to "B-4" General Business on a 0.80+ acre tract of land out of Survey No. 417, Abstract No. 271, Nueces County, Texas, located at the northeast corner of McKinzie Road and north of Leopard Street. He reported that the Planning Commission recommends that the requested "B-4" zoning be denied, but "B-1" be approved; and the Planning Staff recommends denial. Mr. Townsend added four responses have been received in favor of the zoning change. Chief Planner Wenger then showed slides of the area and reviewed the land use and zoning map. No one spoke in opposition. 5 The Council asked if the applicant would accept "B-.1" in -lieu of "B-4"; he replied that he would. Motion by Sample that the hearing be closed; seconded by de Ases and passed unanimously. Motion by Sample to accept the Planning Commission's recommendation for "B-1"; seconded by Lozano and passed unanimously. City Manager Townsend then presented the ordinances on the foregoing four zoning cases; all passed unanimously, as follows: ORDINANCE NO. 13651: 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 JORDON B. KIRSHENBAUM, BY GRANTING A SPECIAL PERMIT ACCORDING TO THE SITE PLAN APPROVED BY THE PLANNING COMMISSION, ATTACHED HERETO, MARKED EXHIBIT "A" AND MADE A PART HEREOF, SUBJECT TO THE CONDITIONS HEREINAFTER SET FORTH ON LOT 1, BLOCK 5, SEASIDE SUBDIVISION, 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 foregoing ordinance was passed by the following vote: Luby, Tipton, de Ases, Gill, Gulley, Lozano and Sample voting Aye. Minutes Special Council Meeting February 23, 1977 Page 6 ORDINANCE NO. 13652: 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 W. R. HUBLER, M.D., BY GRANTING A SPECIAL PERMIT FOR A PARKING LOT, ACCORDING TO THE SITE PLAN INDICATING A SCREENING FENCE TO BE CONSTRUCTED ALONG THE EAST AND NORTH PROPERTY LINES, APPROVED BY THE PLANNING COMMISSION, SUBJECT TO THE CONDITIONS HEREINAFTER SET FORTH ON LOTS 61 THRU 64, BLOCK 1001, BAY TERRACE #2; SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS; KEEPING IN EFFECT ALL OTHER PROVISIONS OF THE EXISTING ORDINANCEASAMENDED; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Luby, Tipton, de Ases, Gill, Gulley, Lozano and Sample, voting Aye. ORDINANCE NO. 13653: 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 JOE KELIEHOR, BY GRANTING A SPECIAL PERMIT FOR A GOLF COURSE/DRIVING RANGE, ACCORDING TO THE SITE PLAN APPROVED BY THE PLANNING COMMISSION, SUBJECT TO THE CONDITIONS HEREINAFTER SET FORTH ON LOT 13, SECTION 18, FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS, 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 foregoing ordinance was passed by the following vote: Luby, Tipton, de Ases, Gill, Gulley, Lozano and Sample voting Aye. ORDINANCE NO. 13654: 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 STEPHEN DEAN, BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON LOT 1, BLOCK 7, HIGHWAY VILLAGE SECTION 1 ANNEX, SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "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 foregoing ordinance was passed by the following vote: Luby, Tipton, de Ases, Gill, Gulley, Lozano and Sample voting Aye. There being no further business at this Special Council Meeting, it was adjourned at 4:37 p.m.