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HomeMy WebLinkAboutMinutes City Council - 02/14/1979 - SpecialPRESENT: Mayor Gabe Lozano, Sr. Mayor Pro Tem Bob Gulley Council Members: David Diaz Ruth Gill Tony Juarez, Jr. Edward L. Sample •'r ,-'''""' MINUTES CITY OF CORPUS CHRISTI, TEXAS SPECIAL COUNCIL MEETING FEBRUARY 14, 1979 3:30 P. M. City Manager R. Marvin Townsend City Attorney J. Bruce Aycock City Secretary Bill G. Read Mayor Gabe Lozano, Sr. called the meeting to order in the Council Chambers of City Hall and stated that the purpose of this meeting was to conduct public hearings on seven zoning applications. City Secretary Bill G. Read verified that the necessary quorum was present to conduct a legally constituted meeting. Motion by Diaz that Council Member Joe Holt, who was out of the City, be excused for just cause; seconded by Juarez; and passed unanimously. City Manager R. Marvin Townsend announced the public hearing on Application No. 1278-11, Southwestern Bell Telephone Company, for a change of zoning from "R -1B" One -family Dwelling District to "B-4" General Business District on Lots 7, 8, 9 and 10, Block 2, Flour Bluff Point, located at the southwest corner of Dema Street and Hermine Street. City Manager Townsend stated that both the Planning Commission and the Planning Staff recommend denial of "B-4" but in lieu thereof that a special permit be granted. He stated that the Planning Commission had approved a site plan that meets the necessary requirements. Chief Planner Larry Wenger located the area on the zoning and land use 'map, described the land use in the surrounding area, showed slides of the area, and informed the Council that a telephone facility presently exists at this loca- tion, but the Telephone Company plans the installation of a prefabricated building to provide area customers the opportunity to pick up modular telephones which can be installed by the customer. City Manager Townsend pointed out that a screening fence is already in existence there. He also explained to the Council that the Telephone Company was previously exempt from zoning ordinances, but recent legislation has been passed MICROFILMED SEP 0 41980 Minutes Special Council Meeting February 14, 1979 Page 2 that requires that telephone companies comply with City zoning ordinances, and that is the reason for this application. No one spoke in regard to this zoning application. Motion by Sample that the hearing be closed, seconded by Gulley, and passed unanimously. Motion by Sample that the Council concur with the Planning Commission and deny the request for "B-4" zoning, but in lieu thereof, grant approval of a special permit according to the approved site plan; seconded by Diaz; and passed unanimously. City Manager Townsend announced the public hearing on Application No. 1278-12, Southwestern Bell Telephone Company, for a change of zoning from "R -IB" One -family Dwelling District to "B-4" General Business District on Lot 12, Block 11, Highway Village Section 2, located at the northeast corner of McKinzie Road and Mobile Drive. Mr. Townsend noted that the Planning Commission and the Planning Staff recommend denial of the "B-4" zoning, but in lieu thereof, that a special permit be granted in accordance with the approved site plan for the proposed facility with a waiver of the standard screening fence along the east property line. City Manager Townsend informed the Council that in response to the notices of the public hearing, none had been returned. Chief Planner Wenger located the area on the zoning and land use map, des- cribed the land use in the surrounding area, showed slides of the area and stated that the owner plans to construct a facility to provide area customers the oppor- tunity to pick up modular telephones. No one spoke in regard to this application. Motion by Sample that the hearing be closed, seconded by Diaz and passed unanimously. Motion by Gulley that the Council concur with the recommendation of the Planning Commission and deny the requested "B-4" zoning on Application No. 1278-12, but in lieu thereof, approve the special permit in accordance with the approved site plan; seconded by Juarez; and passed unanimously. Minutes Special Council Meeting February 14, 1978 Page 3 City Manager Townsend announced the public hearing on Application No. 179-7, Dr. Joseph Schultz, for a change of zoning from "R-2" Multiple Dwelling District to "AB" Professional Office District on Lots 56, 57 and 58, Block 808, Port Aransas Cliffs, located on the northeast side of South Alameda Street, approximately 200 feet north of Angel Avenue. Mr. Townsend stated that both the Planning Commission and the Planning Staff - recommend denial on the basis that it would be an intrusion into this residential area, and any additional commercial activity would create additional traffic on' South Alameda Street. City Manager Townsend further informed the Council that in response to the notices of -the public hearing, three in opposition and one in favor had been returned. Mr. Townsend also stated that a petition, containing 15 signatures of residents in the area, had been received expressing approval of either the "AB" zoning or a spe- cial permit for a doctor's office. He also noted that according to a note on the bottom of the petition, several residents who had previously expressed opposition now are in favor of the change of zoning. Chief Planner Wenger located the area on the zoning and land use map, des- cribed the land use in the surrounding area, showed slides of the area, and stated that the applicant plans to remodel the home located there for a physician's office and remove the garage to provide parking space. Council Member Sample inquired about the neighborhood's reaction to this requested change of zoning. City Manager Townsend reiterated that three replies in opposition were received, but apparently two of those three have withdrawn their objections to the special permit according to the signatures on the petition. Mayor Lozano invited the applicant to speak in regard to this application. Dr. Joseph Schultz, 3763 Leopard Street, stated that he has been practicing osteopathy here for thirty years; he has owned this property for thirteen years and it was at one time his home; he stopped a large private practice to become an emer- gency room physician; he is now returning to practice and wishes to establish his practice at this location since most of his patients reside in this area. Dr. Schultz continued his presentation by pointing out that the residence on this lot is 42 years old; it needs renovation; he plans to remodel the house for Minutes Special'Council Meeting February 14, 1979 Page 4 office use; and stated that he feels that the remodeling will enhance the property and the entire neighborhood. He stated that this area is changing because most of the property is being used for rental property. Dr. Schultz stated that he plans to retain as many of the trees as possible and also remodel the house so that it will still look like a residence. He compared his plans with the property which was renovated by Dr. Bill Whiteside on the corner of this block several years ago and explained to the Council that Dr. Whiteside's property is quite an asset to the neighborhood because the lot is well kept. Also speaking in favor of this application was Mr. Billy Aldridge, who stated that he owns the property next to the applicant's lot and that he is in favor of the change of zoning because he felt that the property would be greatly improved. Mr. Aldridge referred to the Bartholomew report, which indicated that this area would be all business within five years and pointed out that that report was pre- pared five years ago, which would indicate that it was expected that this would be business property by this time. Mr. Ronald Dee Sullivan, 2845 Topeka, stated that he was opposed to this application originally, but after Dr. Schultz explained his plans to him, he changed his mind and is now in favor of this change of zoning because he feels that the neighborhood will be greatly improved with the planned remodeling. Mr. Sullivan informed the Council that he had observed the many professional offices that are located on Alameda Street and noted that they are very attractive. Council Member Gill inquired about the size of the sign allowed in "AB" zoning, noting that the plan calls for a 4' X 4' sign. Mr. Wenger replied that a 20 square foot sign is allowed on the face of the building under "AB" zoning. Mayor Lozano inquired if the site plan before the Council would be satis- factory for granting the special permit. Dr. Schultz assured the Council that he would agree to a smaller sign and that he would be satisfied with the special permit. City Manager Townsend agreed that this area does have a lot of "R-2" uses in the neighborhood. No one spoke in opposition to this change of zoning. Minutes Special Council Meeting February 14, 1979 Page 5 Mayor Pro Tem Gulley expressed the opinion that a smaller sign should be specified as a part of the special permit. Motion by Gill that the requested zoning of "AB" be denied but in lieu thereof, approve a special permit for a doctor's office subject to approval of a site plan. Council Member Diaz referred to the standard screening fence and stated that he did not understand why a fence has to be constructed to the front of the 1 property. Council Member Gill inquired if this could be approved with just a fence as close to the front of the property as the owner desires. City Manager Townsend noted that the proposed fence is planned to be con- structed to the building line but stated that this matter will be discussed with the applicant before the ordinance is presented for approval. Council Member Juarez seconded Council Member Gill's motion, and it passed unanimously. City Manager Townsend announced the public hearing on Application No. 179-8, Mr. W. R. Murray, for a change of zoning from "B-4" General Business District and Special Permit to "1-2" Light Industrial District on Lots 1 and 4, Block B, Lexington Place, located on the north side of South Padre Island Drive, approxi- mately 175 feet east of Hamlett Drive. City Manager Townsend noted that the Planning Commission recommends denial of "I-2" zoning and in lieu thereof grant a special permit for an auto paint and body shop according to the site plan presented with a waiver of the standard screen- ing fence along the north and west property lines. He also informed the Council that the Planning Staff pointed out that since the previous site plan was approved, the City downzoned an "1-2" area adjacent to the east to "6-4" and recommend that this "B-4" zoning not be changed to permit a more intense use. Mr. Townsend explained that in response to the notices of the public hearing, none had been returned either in favor or in opposition. Chief Planner Wenger located the tract on the zoning and land use map, des- cribed the land use in the surrounding area, showed slides of the area, and stated Minutes Special Council Meeting February 14, 1979 Page 6 that this application was considered by the Council before but is being presented again because the site plan approved for the special permit has been changed. He explained the changes included in the proposed structure and stated that the revised plan is actually an improvement over the original plan. No one spoke in regard to this application. Motion by Sample that the hearing be closed, seconded by Diaz, and passed unanimously. Motion by Sample that the Council concur with the recommendation of the Planning Commission and deny the "1-2" zoning and in lieu thereof grant a special permit for an auto paint and body shop according to the site plan presented with a waiver of the standard screening fence along the north and west property lines; seconded by Diaz; and passed unanimously. City Manager Townsend announced the public hearing on Application No. 179-9, Mr. William T. McBride, Jr., for a change of zoning from "B-1" Neighborhood Business District to "1-2" Light Industrial District on a portion of Lot 10 and all of Lot 11B, Block 1, Carroll Place Unit 7 (0.99± acre), located on the west side of Carroll Lane, approximately 150 feet north of Holly Road. City Manager Townsend stated that both the Planning Commission and the Plan- ning Staff recommend denial on the basis that it would be a definite intrusion into this residential area. He informed the Council that in response to the notices of the public hearing, two in favor and two in opposition had been returned. Mr. Townsend stated that the 20% rule is in effect. Chief Planner Wenger located the area on the zoning and land use map, described the land use in the surrounding area, showed slides of the area, and pointed out that construction of a church is in progress in the area. 1 Mayor Lozano called on the applicant to speak in regard to this request. Mr. William T. McBride, Jr., the owner -applicant, presented a site plan that he plans for the building. He explained that the building presently under construction is in just one corner of the property and pointed out that the other portions of the tract which he owns need to be developed so that the land may be used and that he has been unable to devise a plan for any other use for this property. Mr. McBride stated that he would accept "B-4" if the Council feels that Minutes Special Council Meeting February 14, 1979 Page 7 "1-2" is inappropriate in this area. Council Member Sample pointed out that this property is located in a resi- dential area near a church and a children's day care center. Mr. McBride pointed out that he has been unable to rent the property because storage units and light manufacturing seem to be the ideal use, but this use is impossible under the existing zoning. City Manager Townsend inquired of Mr. McBride about the proposed use of the building that is under construction, and Mr. McBride replied that it is planned for auto supply and carburetor installation. City Manager Townsend then stated that carburetor installation is very close to being in violation of the existing zoning. Mr. Townsend also pointed out that the portion of the tract under discussion could be used for a small shopping center since a number of such centers are located under "B -l" zoning in similar shaped property. Mr. McBride stated that he has no desire to install a shopping center because there would be a shortage of parking space. Council Member Sample expressed the opinion that this application should be denied because of the residential character of the neighborhood. Motion by Diaz that the hearing be closed, seconded by Sample and passed unanimously. Motion by Sample that the Council concur with the Planning Commission's recommendation and deny the request for change of zoning on Application No. 179-9; seconded by Juarez; and passed unanimously, City Manager Townsend announced the public hearing on Application No. 179-10, Mr. Roy A. Beaver, for a change of zoning from "AB" Professional Office District to "B-1" Neighborhood Business District on Lots 10, 11, 22, 23 and 24, Block VIII, Ocean View Addition, located between 5th Street and Santa Fe Street, approximately 300 feet north of Booty Street. Mr. Townsend explained that the Planning Commission recommends approval, and the Planning Staff recommends denial on the basis that it would be an intru- sion of business into this professional office area, and the staff pointed out that the site plan indicates access through to Fifth Street which is a narrow 20 -foot paved street with bar ditches which would become very congested with additional traffic from the restaurant. Minutes Special Council Meeting February 14, 1979 Page 8 Chief Planner Wenger located the area on the zoning and land use map, des- cribed the land use in the surrounding area, showed slides of the area, and stated that the applicants, owners of Boatner's Restaurant, plan the construction of a new restaurant facility and related parking on this site. City Manager Townsend noted that in response to the notices of the public hearing, six in favor and none in opposition had been returned. No one spoke in regard to this application. Motion by Sample that the hearing be closed, seconded by Diaz. Mayor Pro Tem Gulley inquired of Mr. Eduardo de Ases, Attorney for the applicant, if the same quality of food would be served in the new facility. Mr. de Ases assured the Council that the quality of the food would be the same, and the ownership will not change. Mayor Lozano called for the vote on the motion to close the hearing, and it passed unanimously. Motion by Juarez that the Council concur with the recommendation of the Planning Commission and approve the change of zoning to "B-1" on Application No. 179-10; seconded by Sample; and passed unanimously. City Manager Townsend announced the public hearing on Application No. 179-11, Pelican Bay, Inc., for a change of zoning from "AT" Apartment Tourist District and "B-4" General Business District to "R -IB" One -family Dwelling Dis- trict on a 16.3± acre tract of land out of Lots 1, 2 and 4, Section 29, Flour Bluff and Encinal Farm and Garden Tracts, located between Ennis Joslin Road and the Cayo del Oso, across from Pharaoh Drive. City Manager Townsend informed the Council that both the Planning Commis- sion and the Planning Staff recommend approval and that in response to the notices of the public hearing, none had been returned. Mr. Townsend stated that Mr. Frank Peerman, President of the organization that has made the application, has requested that the hearing be tabled for two weeks, but that it is necessary to conduct the hearing since it has been advertised and notices have been sent to the property -owners in the affected area. City Secretary Read further explained the reason the applicant has made this request and stated that Mr. Peerman would like to have the hearing either recessed or tabled for the two weeks as requested. 1 Minutes Special Council Meeting February 14, 1979 Page 9 Chief Planner Wenger located the area on the zoning and land use map, des- cribed the land use in surrounding area, showed slides of the area, and stated that the applicant plans the development of a residential subdivision. No one spoke in regard to this application. Motion by Gulley that the hearing be recessed for two weeks, seconded by Sample, and passed unanimously. City Manager Townsend presented the ordinances effecting the zoning changes approved in the foregoing public hearings. City Secretary Read polled the Council for their votes, and the following ordinances were approved: ORDINANCE NO. 14772: 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 SOUTHWESTERN BELL TELEPHONE COMPANY BY GRANTING A SPECIAL COUNCIL PERMIT FOR INSTALLATION OF A PREFABRICATED BUILDING TO PROVIDE AREA CUSTOMERS AN OPPORTUNITY TO PICK UP MODULAR (PLUG IN) TELEPHONES WHICH CAN BE INSTALLED BY THE CUSTOMER, ON LOTS 7, 8, 9 AND 10, BLOCK 2, FLOUR BLUFF POINT SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, AS MORE PA TICULARLY DESCRIBED ON THE SITE PLAN, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A", SUBJECT TO THE CONDITIONS SET FORTH HEREINAFTER; 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 passed by the following vote: Lozano, Gulley, Diaz, Gill, Juarez and Sample voting "Aye"; Holt, "absent". ORDINANCE NO. 14773: 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 SOUTHWESTERN BELL TELEPHONE COMPANY BY GRANTING A SPECIAL COUNCIL PERMIT FOR INSTALLATION OF A PREFABRICATED BUILDING TO PROVIDE AREA CUSTOMERS AN OPPORTUNITY TO PICK UP MODULAR (PLUG IN) TELEPHONES WHICH CAN BE INSTALLED BY THE CUSTOMER, WITH A WAIVER OF THE STANDARD SCREENING FENCE ALONG THE EAST PROPERTY LINE, SITUATED ON LOT 12, BLOCK 11, HIGHWAY VILLAGE SECTION 2, SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, AS MORE PARTICULARLY DESCRIBED ON THE SITE PLAN, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A", SUBJECT TO THE CONDITIONS SET FORTH HEREINAFTER; 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 passed by the following vote: Lozano, Gulley, Diaz, Gill, Juarez and Sample voting "Aye"; Holt, "absent". Minutes Special Council Meeting February 14, 1979 Page 10 ORDINANCE NO. 14774: 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 PARTICULARL'Y.AS AMENDED BY ORDINANCE NO. 6106, AS AMENDED, UPON APPLICATION OF W. R. MURRAY, BY GRANTING A SPECIAL COUNCIL PERMIT FOR AN AUTO PAINT AND BODY SHOP ACCORDING TO THE SITE PLAN PRESENTED, WITH A WAIVER OF THE STANDARD SCREENING FENCE ALONG THE NORTH AND WEST PROPERTY LINES, UPON LOTS 1 AND 4, BLOCK B, LEXINGTON PLACE, SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, AS MORE PARTICULARLY DESCRIBED ON THE SITE PLAN, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A", SUBJECT TO THE CONDITIONS SET FORTH HEREINAFTER; 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 passed by the following vote: Lozano, Gulley, Diaz, Gill, Juarez and Sample voting "Aye"; Holt, "absent". ORDINANCE NO. 14775: 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 ROY A. BEAVER BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON LOTS 10, 11, 22, 23, AND 24, BLOCK VIII, OCEAN VIEW ADDITION, SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "AB" PROFESSIONAL OFFICE DISTRICT TO "B -l" 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 passed by the following vote: Lozano, Gulley, Diaz, Gill, Juarez and Sample voting "Aye"; Holt, "absent". There being no further business to come before the Council during the Special Council Meeting, Mayor Lozano declared the meeting adjourned at 5:00 p.m.