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HomeMy WebLinkAboutMinutes City Council - 08/15/1979 - SpecialMINUTES CITY OF CORPUS CHRISTI, TEXAS SPECIAL COUNCIL MEETING AUGUST 15, 1979 4:37 P.M. PRESEFII: Ma/or Luther Jones Mayor Pr Tem Edward I. Sample Council Members: Dr. Jack Best David Diaz Jack K. Dumphy Betty N. Turner Cliff Zarsky City Manager R. Marvin Townsend City Attorney J. Bruce Aycock City Secretary Bill G. Read Mayor Luther Jones called the meeting to order in the Council Chambers of City Hall and stated that the purpose of the meeting was to conduct public hearings on three zoning applications. City Secretary Bill G. Read verified that the 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. 679-4, Gandy -Robertson, Inc., for a change of zoning from "B-1" Neighborhood Business District to "B-4" General Business District on Lot C, Sherwood Park Unit 3, located at the northeast corner of Weber Road and Gollihar Road. Mr. Townsend informed the Council that the Planning Commission recommends denial of this application, but in lieu thereof, that a special permit be approved for a transmission repair shop, subject to an appropriate site plan with no outside storage and that the sign conform with the regulations of the "B-1" district, and the Planning Staff recommends denial on the basis that this intersection is consid- *-red a neighborhood business area surrounded by single-family dwellings. City Manager Townsend also stated that in response to the notices of this public hearing, two in opposition and one in favor had been returned. He then asked Mr. tarry Wenger, Chief Planner, to summarize the case. Chief Planner Wenger located the area on the zoning and land use map, des- .ribed the land use in the surrounding area, showed slides of the area, and stated that illegal use is continuing at this location because gas is being sold even though the building has been leased to Atlas Transmission Company. Mr. Wenger also pointed out that roof -top signs are in existence, which is in violation of the ordinance. 06 00110 SE? 041986 Minutes Special Council Meeting August 15, 1979 Page 2 Council Member Best noted that this is the second location where this com- pany has installed a roof -top sign in "B-1" zoning. Mr. Wenger agreed but explained that the roof -top signs were installed at both locations at the same time, and at the other location, the Cour, '1 approved the roof -top sign as a part of the approval of the zoning application. He pointed out that this particular location is not near a freeway; therefore, the staff recommends that the roof -top sign be removed Speaking in regard to this application was Mr. Walter Brown, 4002 King Richard, who stated that he would be opposed to "B-4" zoning because of the possi- bility that this area would be subjected to more intense business uses, but indi- cated that he did not object to a special permit for the use described. No one else spoke in regard to this application. Motion by Sample that the hearing be closed, seconded by Diaz and p4 -,,,A unanimously. Motion by Sample that the Council concur with the recommendation of the Planning Commission and deny the requested "B-4" zoning, but in lieu thereof, approve a special permit according to the site plan submitted; seconded by Diaz; and passed unanimously. ., * .. ,. ., * .. ., ,. ., .. * * .. ,. City Manager Townsend announced the public hearing on Application No. 779-4, Mora's Reproduction, Inc., for a change of zoning from "R -1B" One -family Dwelling District to "B-4" General Business District on Lot 1, Bieck 2, Laguna Acres Addition, located at the southwest corner of Lolita Street and Columbia Street. City Manager Townsend stated that both the Planning Commission and the Planning Staff recommend denial because the proposed use would not be compatible with this residential neighborhood. He also informed the Council that in response to the notices of the public hearing, one in favor and none in opposition had been returned. Chief Planner Wenger located the area on the zoning ani land use map, des- cribed the land use in the surrounding area, showed slides in the area, and stated Minutes Special Council Meeting August 15, 1979 Page 3 that the owner plans to construct a 5,000 sgware foot building for commercial print- ing on this land which presently contains two condemned homes. Mayor Pro Tem Sample pointed out that this is the second zoning request on Columbia Street; this street is rather wide; and quite a bit of the .ruperty is vacant and a number of delapidated houses are located in the area. Mr. Wenger noted that Columbia Street is still just a residential street. Council Member Zarsky suggested that the operation of a print shop would be preferable to a vacant lot since all of the work would be conducted inside the proposed building. Speaking as a representative of the Planning Commission was Mrs. Sarah Cook, who stated that the Planning Commission had considered this request quite seriously; they reviewed all of the possibilities; but their final decision was that approval would constitute spot zoning and other property owners in the area would reque.t the same zoning., Mrs. Cook informed the Council that the Commission felt that "B-4" zoning would be the wrong type of zoning for this area since this is a Code Enforce- ment area. Speaking on behalf of the applicant was Mr. Jesus Leija, Architect, who pointed out that the subject property is located at the intersection of Airport and Horne Roads which would be suitable for business zoning; some of the houses in the area are being demolished at this time; and emphasized the fact that there is a great deal of business property already located in this area. Mr. Leija further explained that Mr. Mora wanted to locate his reproduction business here because it would be more convenient for his customers and because most of his employees reside in this area. He presenteda plat layout for the Council to examine, pointing out that the proposed building has a 20 -foot setback and eight parking spaces will be installed. Council Member Diaz inquired if this type of business would be allowed in "B-1" zoning, and City Manager Townsend replied that it could not because the size is in excess of 5,000 square feet. Mr. Leija informed the Council that the applicant would accept a special permit for this location. City Manager Townsend asked about the type of construction that is proposed, and there was no response. Minutes Special Council Meeting August 15, 1979 Page 4 Cook stated that the Planning Commission did not have the proposed plat when they were considering this zoning case and pointed out that there are other areas that would accommodate such a building. She expressed ;ne opinioi, even wii.h the existence of the plat plan, she did not feel that th. �issioi would feel that such a large building for business use should be located in this area. No one else spoke in regard to this application. Motion by Diaz that the hearing he closed, seconded by Zarsky, and passe.' unanimously. Council Member Diaz indicated that he saw no reason to object to a specie permit for the proposed use. Motion by Diaz that the Council deny the requested "B-4" zoning, but in lieu thereof, approve a special permit subject to an approved s to plan. Cou, Member Best stated that he would second the motion but asked Mr. Diaz if he wouid add to his motion the stipulation that the applicant must comply with the site plan and include the building elevation on the plan. Council Member Diaz agrees, to this addition to his motion. City Manager Townsend noted that since the Planning Commission recommend: denial, passage of the ordinance granting the special permit will require five affirmative votes of the Council. Mayor Pro Tem Sample suggested that the Council include in the ordinance some kind of assurance as to the appearance of the building and the elevation of the building. Mayor Jones agreed that it should be compatible to other buildings in the neighborhood. City Manager Townsend suggested that the Council could specify that the exterior of the building must be of an acceptable material, and this specificati, could be included as a part of the site plan. The Council indicated their concurrence with such a stipulation. Mayor Jones called for the vote on the motion to approve a special perms and it passed unanimously. minutes Special Council Meeting August 15, 1979 Page 5 City Manager Townsend announced the public hearing on Application No. 779-5, Mr. 0. H. Miller, for a change of zoning from "B-1" Neighborhood Business District to "B-4" General Business District on Lot "C", Peary Place Annex, located on the west side of Paul Jones Avenue, approximately 250 feet soutr• .f South Padre Island Drive. Mr. Townsend noted that the Planning Commission recommends approval of "B-4" from the north property line southward to the centerline of Brittany Drive but that the request be denied on the remaining portion of the tract, and the Planning Staff recommends denial on the basis that the existing "B-1" provides a transition from single family to more intense uses. Chief Planner Wenger briefly summarized the zoning application and stated that the applicant plans to construct a mini -storage warehouse on part of the property and an electronics repair business on another portion. No one spoke in regard to this application. Motion by Zarsky 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 grant the zoning of "B-4" on Application No. 779-5 on the portion from the north property line southward to the centerline of Brittany Drive and deny the request on the remaining portion of the tract; seconded by Best; and passed unanimously. City Manager Townsend presented the ordinances effecting the zoning changes approved on Items "a" and "c". City Secretary polled the Council for their votes, and the following ordinances were approved: ORDINANCE NO. 15065: 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 GANDY-ROBERTSON, INC. BY GRANTING A SPECIAL COUNCIL PERMIT FOR A TRANSMISSION REPAIR SHOP LOT C, SHERWOOD PARK UNIT 3, 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 OT1ER 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, Diaz, Dumphy, Turner and Zarsky voting "Aye". Minutes Special Council Meeting August 15, 1979 Page 6 ORDINANCE NO. 15066: AMENDING THE ZONING ORDINANCE OF THE CITY OF CORPUS CHRISTI ADOPTED "N THE 27TH DAY OF AUGUST, 1937, APPEARING OF RECORD IN VOLUME 9, PAGES 565, ET SEQ, THE ORDINANCE AND RESOLUTION RECORDS, AS AMENDED FROM TIME TO TIME AND PARTICULARLY AS AMENDED BY ORDINANCE NO. 6106, AS AMENDED, UPON APPLICATION OF 0. H. MILLER BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON A PORTION OF LOT C, PEARY PLACE ANNEX SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "B -l" 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, Diaz, Dumphy, Turner and Zarsky voting "Aye". * * * * * * * * * * * * * * * * There being no further business to come before the Council during this meeting, Mayor Jones declared the Special Council Meeting adjourned at 5:20 p.m., August 15, 1979.