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HomeMy WebLinkAboutMinutes City Council - 05/17/1978 - SpecialPRESENT: Mayor Gabe Lozano, Sr. Mayor Pro Tem Bob Gulley Council Members: David Diaz Ruth Gill Joe Bolt Tony Juarez, Jr. Edward L. Sample; T MINUTES CITY OF CORPUS CHRISTI, TEXAS SPECIAL COUNCIL MEETING • MAY 17, 1978 3:35 P. M. City Manager R. Marvin Townsend City Attorney J. Bruce Aycock *City Secretary Bili G. Read Mayor Gabe Lozano, Sr. called the Special Council Meeting to order in the Council Chamber of City Hall. City Secretary Bill G. Read verified that the necessary quorum was present to' conduct a legally constituted meeting. • City'Manager R. 'Marvin Townsend announced the public hearing on Application No. 478-6,"Humphrey Enterprises, for a change of ,zoning from "F -R" Farm -Rural as: follows: Tract A: an 103.93± acre tract - to "R -1B" One -family Dwelling District; A Tract B: a 2.70± acre tract - to "B-4" General Business District; Tract C: a 2.89± acre tract to "A-1".Apartment House District; Tract D: a 3.75± acre•tract - to "R-2" Multiple Dwelling District; all out of Tracts 1, 2, 5 and 6, Harney Partition, located on the south side of Leopard Street, approximately 200 feet east of•Caplin Drive. ' ;City Manager Townsend informed the Council.that both the Planning Commission and the Planning Staff recommend approval on Tracts A, C and D as requested but denial of "B-4" on Tract B and in lieu thereof,, that "B-1"'be granted. He'stated that in response to the notices of the public hearing, two in opposition and one in favor had been returned. Chief Planner Larry Wenger located the area on the zoning and land use map, • described the land use in the surrounding area, and showed slides of the area. He stated that there are several other subdivisions under development in the general • ,vicinity and explained the different zoning categories that are recommended for the four tracts. • Mayor Lozano inquired of the applicant as to whether or` not he would accept the "B-1" zoning in lieu of the "B-4" zoning requested on Tract B, and the appli- cant indicated that this would be acceptable for the use planned, mielEano Minutes Special Council Meeting May 17, 1978 Page 2 Council Member Sample noted that opposition had been expressed by residents in the area to the "B-4" zoning at the corner of the tracts and asked Mr. Wenger for his opinion. Mr. Wenger stated that the Planning Staff recommended "B-1" 'zoning rather than "B-4" since "B-1" zoning would allow the construction of a convenience store which they felt was needed to serve the subdivisions in the immediate area. Mayor Lozano called for comments from members of the audience who were opposed to this change of zoning. Mr. Henry Clay, 11640 Leopard Street, stated that he is opposed to this change of zoning because this area is rapidly being developed with single-family residences; he is especially opposed to the business zoning across the street from his residence, pointing out that large expensive homes are located �n this por- tion of Leopard Street; stated that business zoning is in existence three blocks from this tract; and contended that'additional business zoning is not needed. Mr. Clay further stated that he prefers "B-1" zoning to the requested "B-4" zon- ing for Tract B, but he feels that all of the tracts should be zoned "R -1B". Mr. Clay informed the Council that other property owners within the 200 -foot area of the subject property are opposed to the change of zoning. Also speaking in opposition to the change of zoning was Mr. Paul Owens, 3861 Bentwood. Mr. Owens stated that he owns a 3 -acre tract on Leopard Street, directly across the street from the proposed business zoning, and is in the pro- cess of planning to construct a home at that location; therefore, he opposes any zoning other than "R -1B". The next property owner speaking in opposition was Mr. Mark Crider, 10750 Dogwood, who stated that he owns property at the corner, and he is planning to construct a large, fine home at that location, stating that he objects to a busi- ness being located across from his home. Mr. Crider pointed out that there is a small shopping center at the corner of Violet Road and Highway 9, which serves the general area; and stated that HEB plans a shopping center in the vicinity. *City Secretary Read departed the meeting at 3:50 p.m. in order to attend a business-related meeting in Austin, Texas. • .r Minutes Special Council Meeting May 17, 1978 Page 3 Mayor Lozano called on the applicant to speak. Mr. Nixon M. Welsh, 439 Peerman Place, an engineer with the firm of Ogletree and Gunn Associates, represented the applicant and presented a site plan of the area, which included an adjacent tract to the east which will be compatible with and continue zoning as requested in this application. In rebuttal to the remarks made by the opposition, Mr. Welsh expressed the opinion that Leopard Street is a major arterial street, and the "R -1B" zoning for Tract B is inappropriate for this location. He contended that since so many subdivisions are being developed in the area, there is a need for business zoning. Mr. Welsh referred to the statement made by Mr. Crider that HEB plans a shopping center in the area and stated that the sign at the location indicates future development, but there is no date as to just when it will be developed. Also speaking on behalf of the applicant was Mr. Bob Thorpe, 3373 Mavis, who stated that future development around the elementary school in the area will occur; therefore, there is a need for business zoning to serve the residential areas. He also stated that a marketing survey had been conducted which indicated that a small strip shopping center is a viable use for this area. No one else spoke in regard to this zoning application. Motion by Holt that the hearing be closed, seconded by Sample, and passed unanimously. Council Member Gill mentioned the fact that large residential developments are occurring in this area and inquired if the one convenience store planned would be adequate to serve the entire neighborhood. Chief Planner Wenger expressed the opinion that this would be adequate to serve the residents in the immediate area who desire to walk or bicycle to a store. Council Member Holt inquired if -there is a criteria for the amount of busi- ness zoning that is recommended for a certain number of residential zoning tracts, and Mr. Wenger stated that this is difficult to generalize because it would depend upon the locatioh and the type of zoning on adjacent property. Council Member Holt expressed the opinion that if he were in the position of developing a large neighborhood residential development, he would feel that a Minutes Special Council Meeting May 17, 1978 Page 4 business should be located on the busiest street, with lesser zoning beyond it. Council Member Diaz inquired about the types of businesses allowed under "B-1" zoning, and Mr. Wenger explained that "B-1" zoning allows small businesses of lesser intensity than "B-4" zoning, and the size of the signs is limited in "B-1" zoning. Motion by Gill that the Council concur with the recommendation of the Planning Commission and approve the following zoning: Tract A - "R -1B"; Tract B - "B-1"; Tract C - "A-1"; and Tract D - "R-2"; seconded by Diaz; and passed by the following vote: Lozano, Gulley, Diaz, Gill, Holt and Sample voting "Aye"; Juarez voting "Nay". City Manager Townsend announced the public hearing on Application No. 478-8, Mt. Olive Lutheran Church, for a change of zoning from ;1ty+l18'2Une-family Dwelling District to "B-1" Neighborhood Business District on Tract' A%, %nd from "R -1B" One -family Dwelling District to "AB" Professional Office District on Tract B, Tract A consisting of 1.25 acres and Tract B consisting of 1.25 acres, both of which are out of Lot 1, Section 1, Paisley's Subdivision of Hoffman Tract, located on the west side of Everhart Road, approximately 127 feet south of Harry Street. City Manager Townsend stated that both the Planning Commission and the Planning, Staff recommend denial of "B-1" on Tract A but in lieu thereof that "AB" zoning be approved for both tracts. Mr. Townsend also informed the Council that the 20% rule is in effect. Mr.,Townsend stated that in response to the notices of the public hearing, eight in opposition and none in favor had been returned. Chief Planner Wenger located the area on the zoning and land use map, described the land use in the surrounding area, and showed slides of the area. Mr. Wenger stated that the developer plans to locate a restaurant, Antone's Delicatessen, on Tract A and to develop Tract B for an office building. Mayor Pro Tem Gulley noted from the zonind'nd land use map that the church had been constructed on property zoned "R -1B", and City Manager Townsend informed him that churches are allowed under any zoning except "F -R". Minutes Special Council Meeting May 17, 1978 Page 5 Mayor Lozano called on the applicant to address the Council. Mr. Ralph Cobb, Realtor, 5333 Everhart, spoke on behalf of the applicant and stated that the Mt. Olive Lutheran Church, owner of this property, has con- tracted to sell the property to local investors. Mr. Cobb stated that the opposi- tion was led by the Jewish Community Council, which operates a school in the vici- nity, and Dr. Howard G. Tirschwell, who owns professional offices across the street from the subject property. Mr. Cobb informed the Council that the developers plan to develop Tract A for use by an outstanding import company and delicatessen from Houston, Texas, called Antone's Delicatessen. He contended that the traffic generated by such a restaurant would not conflict with the school traffic, since the peak hours for the restaurant would be 10:00 a.m. until 2:00 p.m. and from 6:00 p.m. until 8:00 p.m.. Mr. Cobb informed the Council that he would like to change his request for change of zoning on Tract A to "AB" zoning on both tracts with approval of a special permit for the operation of the delicatessen. He also pointed out that this property is near existing "B-4" zoning on which Braslau's Furniture Store is located. Mr. Cobb assured the Council that his clients would not be in favor of this zoning at all if they felt that the children attending the Jewish Community Council School would be endangered by increased traffic created by the existence of the restaurant. He also complimented the Jewish Community Council on the safety measures they had adopted for the pickup of students at the school. Mr. Cobb then displayed the architect's drawing for the property on which Antone's will be located; stated that the property will contain 94 parking spaces; that the develop- ers plan the construction of an office building containing 13,900 square feet on Tract B; and that this tract will have 80 parking spaces. He again requested approval of "AB" zoning on both tracts, with approval of a special permit on Tract A to permit Antone's to be located there. Mayor Pro Tem Gulley inquired if the Planning Commission was aware of this changed request, and Mr. Cobb replied that they were not. Also speaking in favor of the change of zoning was Mr. Wayne Lundquist, Jr., 3350 Floyd Street. Mr. Lundquist stated that the request had been changed Minutes Special Council Meeting May 17, 1978 Page 6 to "AB" zoning with a special permit for installation of a restaurant after the Planning Commission hearing because prior to that, the developers had felt that it would be difficult to obtain financial assistance on property that is zoned for a special permit. He explained that this problem had been solved; therefore, the request was changed. Mr. Lundquist expressed the opinion that less traffic would be created by the proposed facility than the traffic that is generated by a professional office building. He also contended that a delicatessen located in this area would be of special benefit to the tenants of the numerous office build- ings in the vicinity. He stated that Antone's would conduct wholesale and retail business for the sale of food items. City Manager Townsend referred to the statement in regard to wholesale activities and inquired what kind of wholesale business would be conducted. He stated that wholesale warehouse facilities require "B-4" zoning and would not be allowed by a special permit or "8-1" zoning, but if it just involves sales without the use of a warehouse, there would be no problem. Mr. John Brooke, Brooke Road, suggested that if the special permit is approved, it could be limited to "B-1" zoning usage. Mr. Brooke questioned the statement that this would be spot zoning and pointed out that there is already a restaurant on the corner, a beauty shop in the area, and a shopping center nearby. He pointed out that there is already a lot of traffic in the area, and the approval of a special permit for the delicatessen would be compatible with other uses in the neighborhood. Also speaking in favor of the application was Mr. Richard Kessman, 5321 Fulwell Drive, Congregation Chairman for Mt. Olive Lutheran Church, who stated that the church is not in the restaurant business nor the real estate business; they have owned the subject property for three years; and during that time, they have attempted to sell the property, since the congregation has moved their church to another location for expansion purposes. Mayor Lozano then called on the members of the audience who wished to speak in opposition. Dr. Howard G. Tirschwell, 737 Everhart, appeared before the Council in opposition. He stated that although he would like to have Antone's located in Minutes Special Council Meeting May 17, 1978 Page 7 Corpus Christi, he did not feel that this is the proper location. Dr. Tirschwell presented photographs of the professional offices located in the area, as well as the residences located farther east and on the south side of Everhart Road. He expressed the opinion that approval of a special permit would constitute spot zon- ing; objected to the construction of a restaurant so near the Jewish Community Council School; and indicated his preference to "AB" zoning for this property. Also speaking in opposition to the application was Mr. Jack Solka, 501 Bermuda, Vice President of the Jewish Community Council. Mr. Solka stated that the Council had voted to oppose the zoning of "B-1" for Tract A, and they concur with the recommendation of the Planning Commission and the Planning Staff that the entire property should be zoned "AB". He indicated that the Council's primary concern was the excessive traffic that would be created in the area, and they definitely would be opposed to warehouse facilities for wholesale business of the delicatessen. Dr. Paul Brandes, 4150 Harry, also objected to the requested special per- mit because of the effect it would have on the residential property in the area and also expressed the opinion that a food establishment would greatly increase the traffic. Realtor Richard Whitt, owner of an office building at 745 Everhart, expressed the opinion that "AB" zoning would not generate as much traffic as a food establishment. He pointed out that the office buildings in the area are outstanding structures and questioned the type of office building that is planned for Tract B. Mr. Whitt agreed that it would be nice to have Antone's located in the City, but that he felt that the establishment should be located in another area. 4 The next citizen addressing the Council in opposition was Mr. Jodie M. Phillips, 4153 Harry. Mr. Phillips, speaking as a homeowner in the area, stated that he did not feel that "AB" zoning would be objectionable, but he is opposed to approval of a special permit for a food establishment.' Mrs. Madelyn Lbeb, 155 Kush Lane, President of the Jewish Community Council, stated that she does not feel that a food establishment would be 1 Minutes Special Council Meeting May 17, 1978 Page 8 compatible usage near the school. Mrs. Loeb informed the Council that eighty chil- dren are enrolled in the school program; special activities are conducted at night and during the summer; stated that a traffic problem already exists at the school; and expressed the opinion that Antone's would create more of a traffic problem. Dr. Gary Blum, a dentist who has an office at 737 Everhart, stated that he is opposed to the change of zoning for many of the reasons already mentioned. He stated that he understands that the Jewish Community Council contemplates enlarging their facility at this location and indicated that he is opposed to the requested zoning because he feels that this would constitute spot zoning; traffic problems would be increased; the sale of alcoholic beverages would be involved; there is the possibility that warehouse facilities will be located there; and a restaurant in the area would decrease the property value of the residences in the area. Mrs. Ray Govett, 4146 Harry Street, also expressed opposition because her residence would then be located in close proximity to a food establishment No one else spoke in regard to this application. Motion by Sample that the hearing be closed, seconded by Holt, and passed unanimously. Motion by Gill that the Council concur with the recommendation of the P1£ ning Commission and approve the zoning of "AB" for both Tracts A and B; seconded by Sample. , !' 1" r • ' {Mayor Pro Tem Gulley stated that the Council should determinei£'the'; applicant would accept the zoning of "AB" on both tracts and also suggested '11/116 that it might be feasible to refer the case back to the Planning Commission for their consideration of the special permit. Council Member Gill expressed the opinion that a special permit in this case would be the same as "B-1" zoning; therefore, she felt that the Planning Commission would have the same opinion. Mayor Pro Tem Gulley made the observation.that the Commission should have considered the fact that beer will be sold in the restaurant. Council Member Diaz agreed that the matter should be referred back to the Planning Commission to consider the special permit and stated that he did Minutes Special Council Meeting May 17, 1978 Page 9 feel that this would constitute spot zoning. Council Member Sample stated that he ie opposed to referring the applica- tion back to the Planning Commission; the Commission made a just recommendation; and he feels that a special permit for the same use is no different from the "B-1" zoning. Mr. Sample expressed the opinion that this would be spot zoning, and he feels that traffic will be increased if the delicatessen is located there. Mayor Pro Tem Gulley inquired of the applicant if he would accept "AB" zoning on both tracts, and the applicant indicated that he would. Mayor Lozano called for the vote on the motion to approve "AB" zoning on both tracts, and the motion passed unanimously. City Manager Townsend presented the ordinances pertaining to the fore- going zoning applications, and Dorothy Zahn polled the Council for their votes in the absence of City Secretary Read. The following ordinances were approved: ORDINANCE NO. 14318: 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 HUMPHREY ENTERPRISES BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON TRACTS 1, 2, 5 AND 6, HARNEY PARTITION, SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "F -R" FARM -RURAL TO "R -1B" ONE -FAMILY DWELLING DISTRICT ON PARCEL A OUT OF TRACTS 1, 2, 5 AND 6; TO "B-1" NEIGHBORHOOD BUSINESS DISTRICT ON PARCEL B OUT OF TRACTS 5 AND 6; TO "A-1" APARTMENT HOUSE DISTRICT ON PARCEL C OUT OF TRACT 5, AND TO "R-2" MULTIPLE DWELLING DISTRICT ON PARCEL D OUT OF TRACTS 5 AND 6; 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 approved by the following vote: Lozano, Gulley, Diaz, Gill, Holt, Juarez and Sample voting "Aye." ORDINANCE NO. 14319: 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 MT. OLIVE LUTHERAN CHURCH BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON A PORTION OF LOT 1, SECTION 1, PAISLEY'S SUBDIVISION OF HOFFMAN TRACT, MORE FULLY DESCRIBED HEREINAFTER, SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "R -1B" ONE -FAMILY DWELLING DISTRICT'T0 "AB" PROFESSIONAL OFFICE 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 approved by the following vote: Lozano, Gulley, Diaz, Gill, Holt, Juarez and Sample voting "Aye." There being no further business to come before the Council during the Special Council Meeting, on motion by Holt, seconded by Diaz, and passed unani- mously, the meeting was adjourned at 5:30 p.m. May 17, 1978.