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HomeMy WebLinkAboutMinutes City Council - 06/13/1979 - SpecialMINUTES CITY OF CORPUS CHRISTI, TEXAS SPECIAL COUNCIL MEETIN( JUNE 13, 1979 3:40 P.-. PRESENT: Mayor Luther Jones Mayor Pro Tem Edward L. Sample Council Members Dr. Jack Best Jack K. Dumphy Betty N. Turner Cliff Zarsky City Manager R. Marvin Townsend Assistant City Attorney Bob Coffin City Secretary Bill G. Read Mayor Luther Jones called the meeting to order in the Council Chambers of City Hall. City Secretary Bill G. Read verified that a necessary quorum of required Charter Officers was present to conduct a legally constituted meeting. City Manager R. Marvin Townsend announced the public hearing on Application No., 579-7, Mr. Guy D. Winstead, for a change of zoning from "R -1B" One -family Dwell- ing District to "B-4" General Business District on Lots 20 and 21, Block 6, Koolside Addition, located on the west side of Airline Road, approximately 300 feet south of Gollihar Road. City Manager Townsend stated that the Planning Commission recommends denial of the "B-4" zoning but In lieu thereof, that "AB" zoning be granted and that the Planning Staff recommends denial on the basis that the properties front and side up to single-family dwellings and that approval of the business zoning would set a precedent and create another Everhart Road with numerous strip businesses and driveways. Mr. Townsend also Informed the Council that In response to the notices of the public hearing, one in favor had been returned. He then asked Chief Planner Larry Wenger to summarize the application. 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 that the owner plans to establish a wheelchair repair service and offer for sale small electrically operated chairs. Council Member Zarsky inquired about the reason the staff recommends against the "B-4" use, and Mr. Wenger replied that "B-4" zoning allows much more intense use and larger signs which would not be compatible with the other uses now existing in this area. 1 es Special Council Meeting June 13, 1979 Page 2 City Manager Townsend pointed out that the Planning Staff is apprehensive about granting the "B-4" zoning because they feel that the same zoning will continue all the way down Airline Road. Council Member Best noted that most of the houses on Airline are older houses, and "B-1", neighborhood business use, might be good zoning for this four - lane street. Mr. Wenger pointed out that the owner plans to operate a wheelchair repair shop and conduct the sale of electric cars, which would not be possible in "AB" zoning, which is the zoning recommended for approval by the Planning Commission. Mr. Ernest Wranosky of the Planning Commission explained that the Commis- sion was in sympathy with Mr. Winstead's project and the need for this service and felt that he could perform most of the services that he planned in the "AB" zoning, and that is the reason they recommended this zoning rather than the requested "B-4" zoning. Mr. Wranosky stated that they were primarily concerned about the use that might be installed on this property after Mr. Winstead is no longer the owner, if the "B-4" zoning 1s approved. Speaking on behalf of the applicant was Mrs. Ruby Winstead, who informed the Council that they requested the "B-4" zoning in order that a free-standing sign could be installed advertising the repair of wheelchairs. She explained the great need for such a service for the handicapped, stating that it was almost impossible to obtain this type of repair service in this City. Mr. Guy D. Winstead, the applicant, explained that he planned to employ retired mechanics for a few hours a day to perform the repairs. Council Member Best suggested that a special permit be considered limiting the use of the property to the repair of wheelchairs. Mr. Winstead explained that he could not accept a special permit because of the difficulty In obtaining financing when property is zoned in this manner. Mayor Jones stated that he would certainly be opposed to any zoning changes that would create a street that is as congested as Everhart Road and asked the staff If they felt that such a trend could be delayed by the granting of a special permit for the specific use requested. Minutes Special Council Meeting June 13, 1979 Page 3 Mr. Wenger stated that this would be preferable ter the annroial of either "B-1" or "B-4" zoning on this street. City Manager Townsend suggested that approval of "AE" zoning with a special permit for the use requested by Mr. Winstead might be considered noting that Ow applicant might be able to obtain a financial loan if the property is zoned "AB." Council Member Dumphy agreed that financial institutions would, of course, be interested in the use of the property before loaning funds so that they could be assured that if something happened to the owner, they could have some assets to recover their investment. Mayor Pro Tem Sample stated that he also felt that approval of "AB" zoning with a special permit for the wheelchair repair shop would be the best solution to the request. Council Member Turner indicated her concurrence with this zoning, if this would be acceptable to Mr. Winstead. Mr. Winstead stated that this would not be acceptable. Speaking in favor of the application was Mrs. Pauline J. Flewelling, 945 Airline, who stated that the traffic is already congested on Airline, and most people consider it a business street now. She also pointed out that In this parti- cular block, none of the houses face on Airline Road. No one else spoke in regard to this application. Motion by Sample that the hearing be closed, seconded by Turner, and passed unanimously. Motion by Best that the request for the change of zoning to "B-4" be denied, stating that the only reason he is making this motion is because the applicant indi- cated that he would not accept "AB" zoning with a special permit. The motion was seconded by Council Member Turner and passed by the following vote: Jones, Sample, Best, Dumphy and Turner voting "Aye"; Zarsky voting "Nay"; and Diaz, absent. City Manager Townsend announced the public hearing on Application No. 579-8, Messrs. Guy Alexander and E. P. Williams, III, for a change of zoning from "A-1" Apartment House District to "B-1" Neighborhood Business District on Tracts "A" and "W" out of a 4.20i' acre portion of Lot 25, Section 18, Flour Bluff and Encinal Special Council Meeting June 13, 1979 Page 4 Farm and Garden Tracts, located on the west side of Rodd Field Road (State Highway #357), approximately 400 feet south of Lakeview Drive. City Manager Townsend informed the Council that the Planning Commission recommends approval, and the Planning Staff recommends denial as tlere is "B-4" zoning at the intersection of Holly Road and Rodd Field Road; the intersection of Williams Drive and Rodd Field Road has both "B-1" and "B-4" zoning; there are some 80 acres of "B-4" zoning at Rodd Field Road and Padre Island Drive; and the staff feels that it is more advantageous to have business uses at an intersection of major streets. He also stated that the staff felt that this zoning would consti- tute an encroachment of business into this residential area. City Manager Townsend stated that in response to the notices of the public hearing, 3 in favor and none in opposition had been returned. 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 stated that the applicants contend that because of the rapid residential develop- ment in the area, "B-1" zoning Is needed to provide for neighborhood business uses. Speaking on behalf of the applicants was Mr. Dix Fowler, engineer, who recalled that a request was made at one time for the entire nine acres in this tract be rezoned to "B-1", but as the demand for apartments increased at that time, the request was denied. Mr. Fowler stated that this current request was revised from that original request. He pointed out that water is available to the area, but there is no sewer service. He stated that the owners realize that the sewer will have to be constructed before the property is developed and that the owners request approval of the "B-1" zoning so that the property can be developed according to demand. Mayor Pro Tem Sample expressed the opinion that the tract was divided almost in half and that he felt that the amount of land requested to be zoned for business right in front of apartments is rather excessive for such use. City Manager Townsend noted that there is no requirement about a 50 -foot wide strip of land not being zoned the same as the rest of the property, but as the land is platted at this time, there should be a 50 -foot wide road planned to ih .s Special Council Meeting June 13, 1979 Page 5 provide access to the apartments if the back portion of the tract is owned by a different property owner. He also pointed out that the extension of sewers would be the responsibility of the property owners, since there are no plans for sewer service to that area. Mr. Wranosky commented that the Planning Commission was concerned about the existence of so many "8-1" zoned tracts but agreed that this area would not be adversely affected if it is zoned "B-1" rather than the present "A -l." Mayor Pro Tem Sample asked for comments from the staff on this applica- tion. Mr. Wenger stated that if this "B-1" zoning is approved, other requests for similar business zoning will be forthcoming. Council Member Zarsky mentioned a location on Weber Road near Holly Road where several stores are and at the rear of the business property, apartments have been constructed, and beyond the apartments is a residential area. Mr. Zarsky noted that this seems to be a similar situation. Mayor Pro Tem Sample stated that he would be concerned about access and egress If apartments are constructed behind the businesses on this tract. City Manager Townsend stated that the City encourages developers to plan for two ways In and out of such property. Chief Planner Wenger stated that this could be controlled by the way the property is platted. No one else spoke in regard to this application. Motion by Sample that the hearing be closed, seconded by Turner and passed unanimously. Motion by Best that the Council concur with the recommendation of the Planning Commission and approve the zoning of "B -l" for Application No. 579-8; seconded by Turner. Mayor Pro Tem Sample Indicated that he is not satisfied with the requested zoning because there are no definite plans for the development of the area, and he felt that the total tract should be examined to be sure that good planning is established. Council Member Zarsky pointed out that the City staff will have some con- trol over the planning through the platting process. MI .s Special Council Meeting June 13, 1979 Page 6 Mayor Jones called for the vote on the motion to approve the "B-1" zoning, and the motion passed by the following vote: Jones, Best, Dumphy, Turner and Zarsky voting "Aye"; Sample voting "Nay"; Diaz, absent. City Manager Townsend announced the public hearing on Application No. 579-9, Landsman Realty Company, for a change of zoning from "B-1" Neighborhood Business District to "B-4" General Business District on the rear 56' x 132' of Alameda Estates Unit 5, located between Everhart Road and Robert Drive, approximately 140 feet south of Junior Terrace. Mr. Townsend stated that both the Planning Commission and the Planning Staff recommend approval and that in response to the notices of the public hearing, four in favor and one in opposition 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 explained that this tract was previously zoned "B-1" for a swimming pool which was never developed. Mr. Wenger also explained that the property has been vacant for a number of years and that the owner plans to construct storage units. Council Member Best Inquired if a standard screening fence would be required, and Mr. Wenger replied that such a fence would have to be constructed ail along the rear of the property since residences are located there. The applicant, Mr. Richard Landsman, President of the Landsman Realty Company, stated that he is representing Town and Country Shopping Center. Mr. Landsman explained that before this application was submitted, he visited all of the property owners in the vicinity to explain the plans for this tract, and many of them commented about the drainage. He also stated that the tenants In the shop- ping center had approached him about the possibility of constructing storage units and approximately 35 people In the center signed a petition for the storage units. Mr. Landsman indicated that he did not believe that he could solve the drainage problem that exists in the neighborhood. He also expressed the opinion that the vegetation that is in existence at the rear of the property could properly serve as screening rather than the standard fence. M. ..as Special Council Meeting June 13, 1979 Page 7 City Manager Townsend indicated that the primary concern would be the standard screening fence and stated that any use of any portion of "B-1" property would require that the entire piece of property must have a standard screening fence. Mr. Landsman reiterated that he saw no necessity for the fence and implied that a separate application would be submitted requesting a waiver to the standard screening fence requirement. Motion by Zarsky that the hearing be closed, seconded by Best and passed unanimously. Motion by Zarsky that the Council concur with the recommendation of the Planning Commission and approve the zoning of "B-4" for Application No. 579-9; seconded by Sample; and passed unanimously. City Manager Townsend announced the public hearing on Application No. 579-4, Mr. Lynn Bennett, for a change of zoning from "B-1" Neighborhood Business District to "6-4" General Business District on Lots 21, 22, 23 and the northeast 30 feet of Lot 24, Block 5, Tracy Addition, located at the northeast corner of the Crosstown Expressway and Baldwin Boulevard. Mr. Townsend informed the Council that both the Planning Commission and the Planning Staff recommend denial of the "8-4" zoning, but in lieu thereof, grant a special permit for an auto transmission shop subject to an approved site plan. He stated that a site plan has been submitted by the applicant which has been approved by the Planning Commission. City Manager Townsend stated that In response to the notices of the public hearing, one in favor and two in opposition have been returned. Chief Planner Wenger located the area on the zoning and land use map, des- cribed the land use In the surrounding area and showed slides of the area. Mr. Wenger pointed out to the Council that the business Is already In operation and displayed photographs of the business which indicated that a roof sign has been installed, which Is In violation of the proposed special permit. City Manager Townsend Inquired If the owner of the property has been Informed that the roof sign Is in violation, and Mr. Wenger replied that he was es Special Council Meeting June i3, 1979 Page 8 not sure whether the property owner had been informed or not. Speaking on behalf of the applicant was Mr. Eduardo E. de Ases, Attorney. Mr. de Ases responded to the comments made by Mr. Wenger in regard to the signs on the roof of his client's building and informed the Council that his client has not been notified that they are in violation of the special permit. Mr. de Ases expressed the opinion that the planned repair of transmissions should be allowed in "B -l" zoning, which is now in existence, but stated that his client does not object to the recommended special permit. He explained that the site plan was prepared and has been approved by the Planning Commission, noting that the site plan has a 4' x 5' free-standing sign, which is one-half the size allowed under the ordinance. In regard to the roof -top sign, Mr. de Ases pointed out that this service station is located near the expressway and it is difficult for potential customers to see the station; therefore, the roof signs were installed. He asked that the Council consider approving the special permit according to a site plan including the signs on the building. Mr. Lynn Bennett, the applicant, explained that his service station is not performing any transmission repairs until the zoning Is approved. City Manager Townsend stated that if the Council wished to approve the signs on the building, this could be specified as a part of the special permit if the site plan is so modified. Council Member Best noted that this Is a situation in which something has already been accomplished before approval of the zoning is granted. No one else spoke in regard to this application. Motion by Best that the hearing be closed, seconded by Sample and passed unanimously. Motion by Sample that the Council concur with the recommendation of the Planning Commission to deny the "B-4" zoning and in lieu thereof grant a special permit for an auto transmission shop, with the stipulation that there be a free- standing sign allowed not to exceed 40 square feet and also allowing a roof sign not to exceed a certain size; seconded by Zarsky; and passed unanimously. a * * * * a e * a e * * * * a City Manager Townsend explained the ordinances effecting the zoning changes approved in the foregoing public hearings. City Secretary Read polled the Council Minutes Special Council Meeting June 13, 1979 Page 9 their votes, and the following ordinances were approved: ORDINANCE NO. 14959: 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 GUY ALEXANDER AND E. P. WILLIAMS, III BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON TRACTS "A" AND "W" OUT OF A 4.20+ ACRE PORTION OF LOT 25, SEC. 18, FLOUR BLUFF & ENCINAL FARM S GDN. TRACTS, SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "A-1" APARTMENT HOUSE 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 passed by the following vote: Jones, Sample, Best, Dumphy, Turner and Zarsky voting "Aye"; Diaz, "absent". ORDINANCE NO. 14960: AMENDING THE ZONING ORDINANCE OF THE CITY OF CORPUS CHRISTI ADOPTED ON THE 27TH DAY OF AUGUST, 1937, APPEARING OF RECORD INVOLUME 9, PAGES 565, ET SEQ, OF THE ORDINANCE AND RESOLUTION RECORDS, AS AMENDED FROM TIME TO TIME AND APRTICULARLY AS AMENDED BY ORDINANCE NO. 6106, AS AMENDED, UPON APPLICATION OF LANDSMAN REALTY COMPANY BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON THE REAR 56' x 132' OF ALAMEDA ESTATES UNIT 5, SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "B-1" NEIGHBORHOOD BUSINESS DISTRICT TO "B-4" GENERAL 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: Jones, Sample, Best, Dumphy, Turner and Zarsky voting "Aye"; Diaz, "absent". * * * * * * * * * * * * * * * * Motion by Sample that Council Member David Diaz be excused from the Special Council Meeting for Just cause, seconded by Dumphy and passed unanimously. **************** Council Member Zarsky referred to House Bill 1060 in regard to the tax valuation of agricultural property and noted that unless some action is taken by the City, the new method of evaluating agricultural property will go into effect this year. City Manager Townsend presented copies of a memorandum from Mr. Richard D. Magee, County Tax Assessor -Collector, in which he indicated that he felt that the effective date of this portion of the Tax Relief Amendment should be delayed until January 1, 1980, In order to properly determine the agricultural use value and the market value. Mr. Townsend stated that he will be glad to place this item on the agenda for discussion next week. Council Member Zarsky expressed the opinion that the City should defer It for one year and take some action to this effect. Minutes Special Council Meeting June 13, 1979 Page 10 Mayor Jones referred to a letter that the members of the Council has from Mr. Fred Braselton, of the Builders Association, requesting that contractors by allowed to use the City dump at Greenwood and Saratoga for the deposit of building debris, and suggested that this matter be discussed by the Council next week. Council Member Best stated that he would like to have a report on the pro gress of the plans for the branch library for the northwest area of the City. City Manager Townsend stated that there are a limited number of staff m,..1; bers who are qualified to prepare some of the reports mentioned and stated that the reto-ts requested will be prepared as soon as possible. Council Member Turner requested that Mr. Braselton be notified that his request will be discussed by the Council during the Workshop Meeting next week. Noting the busy schedule of the City Council, Mayor Jones suggested that discussions on the budget for the 1979-80 fiscal year should be conducted during evening workshops. The Council Members indicated their concurrence with this suggestion and agreed to meet on Monday, June 18, 1979, at 5:30 p.m. for this purpose. * * * * * * * * * * * * * * * * There being no further business to come before the Council, on motion by Sample, seconded by Zarsky, and passed unanimously, the Special Council Meeting was adjourned at 5:35 p.m., June 13, 1979.