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HomeMy WebLinkAboutMinutes City Council - 01/23/1980 - Special.. :kl.°uA �'�� niF'sFi''.s+.'duf.Yi'-��°.!i �5---.I C�G:'css:✓ -,:. f�'.'li%E� 1 limaa Cilli Of comus CR I ST I , TEXAS SPECIAL COUNCll. leEETINO Ai IO* 23, 1 PRESEii'it Mayor Pro Teen Edward 1. Sample Coeaec i l Meaaleers. Dr. .lade Best City Manager R. Marvin Townsend • riLliiaa.�. seer_ Cttw AttnrneL. Coffin s Acting Ass't. City Secy. Dorothy Zahn .Peck K. Dunphy Betty H. Turner Cliff Zarsky Mayor Pro Teo Edward L. Sample caned the meeting to order in the Council Chambers of City Heli. Acting Assistant City Secretary Dorothy Zahn verified that the ncesssary quorum of required Charter Officers was present to conduct a legally constituted meeting. City Manager R. Marvin Townsend announced the public Bearing .on Application No. 1279-8, Signor Corporation, for a change of zoning from "B-1" Neighborhood Business District to "3-5" Primary Business District on a tract of land located are the east side of E. Causeway Boulevard, between Reef Avenue and Beach Avenue described as Lots 2, ii, 6, 8, 10, and 12, Block 74, Brooklyn Addition. City Manager Townsend informed the Council that the Planning Commission is recommending denial of "B-5" end in lieu thereof greet a special permit for the'-. intended uses at outlined frith a high rise sign according to the dimensions presented, ..subject to an appropriate site plan ¢eel that the P1inning Staff also recommends denial lie stated that in response to the notices of the public hearing. none were returned, Nr, Ta.nsend then.asked Sr. Larry Wenger, Chief Planner, to summarize the case; . Chief Ptenner hanger located the area on the zoning and land use map, des- .cri$io= Tont crea is -04* •-. ed'ng a=ria, a r_d. s„lld•e of. tb&.area� and0X010.111_0(1 that beat the applicant preposas to dlversify services for consumers to include Tight manufacturing operations, autoeobile body works and sale of commercial- fertilizer - aed garden -products. he further informed the Council that a redevelopment pun for Corpses Christi leash Wes adopted se+raral years ago in an nfPort to OgreCNS-areal--- 'captained that there are no setback requirements in the "3-5" district for structures or signs; however, under the "11-4" -district the high rise sign is restricted If placed Within the 20 -foot setback to 40 squire feet le are* end 25 feet in height; end 11 !!ret 0110 tide* the staffs recommendation For denial on the beefs that it would ba iacoisracitte with the redrre.lapwsnt plan for the beach. it >ras ascertained that the appropriate site plan lied been submitted... NO one spoke in regard to the application. Motion by fest that the nearing be closed, seconded by Diaz and passed unanimously. motion by east that the zoning of "R-5" be denied on Application No. 1279-8, but in Iiia thereof, a special permit for the intended uses be granted; seconded by Turner; and passed by the following vote: Sample, lest, Diaz, Dunphy, Turner and Zarsky voting "Aye''; Jones, "Absent". Rayer Pro Tee Sample announced the public hearing an Application No. 1279-11, Or. John S. R1chle, Jr., for a charge of zoning from "R-1$" One -family Dwelling District to "Af" Professional Office District OP Lai 1, Siock 6, Koolside Addition, located at the northwest corner of Airline *ad and Klebrough Drive. City lienager Townsend explained to the Council that the Planning Cossasisslon recommends approval and the Planning Staff recommends denial. lie stated that, in response to tht public hearing notices, two in favor 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 Wormed the €onnti1 that the subject property is presently occupied with apartments; that the applicant proposes to rimed.; the structures and establish a child care center to cafe for children on an hourly basis; pointed out that the six apartment unite would be permitted under the /"Alt" clesslflcation but adequate parking must be 'reviled.; and that the Planning Staff's recommendation for denial nes on the basis-., that if businaas coning Is allowed to breach Riabrcugh. It will have a detrimental effect an surrounding properties. /Woe. Pre Tea Sample called for comments frogs the -webers of the .audience. Mere was no response. isVor .Pro Tame Sample than called on the applicant to speak at this time - Mr. S,. Ri his, Jr.. aiplicent, explained that the childcare center will its strictly an indoor type operation with no outdoor activities.. 11e displayed e *ketch. of the perking layout of the eubjact property and stated that he pians to remade/ the structures and provide landscaping to upgrade the property as it his .r flietieg .XL...tom jibgteseadfore number of years. Mr. Riehl• further added the: all off-street rk,.1491wili be provided frits ii.1.R+braegh Drive and that presently has four spaces, _ aa4 sti*d tint, this type of child care Is very low profile business and will net disturb the neighborhood. Council umber Turner inquired of the applicant if.a license had been obtained from the Stat* for the operation of tine day care center. Mrs. Brenda Richie rep o been in contact with the State Child Welfare Department and that she has been granted a waiver from licensing by the Licensing Department of the Texas Department of Public Welfare for the drop -In child care service. Mrs. Richt* expieined that it will :ant be continual care but for a maxims of four hours per day to serve the immediate area. Council member Diaz inquired what the difference would be on a baby-sitting operation es opposed to a day care center. Mrs. Riche explained that a day care center is required to keep the child for the futl eight hours a day., five days a week, and serve hoc lunches; that on a baby-sitting operation such as the one being proposed., you can only keep a child a maximum of four hours a day, not more than two days a week, and Is not required to serve lunches. Mrs. Richly continued by saying that she plans to have an average of three to four children at ail times from ages ii to 10 years and would like to urge the Council's cnnsidtretion of this application. Mayor Pro Tem Sampte called for torments from Mrs. Sarah Cooke, representative of the spanning Commission, on this zoning case. Mrs. Cooke,expleined to the Council that the Commission had discussed this application at length; that although the application was an Infraction to "It -le" zonins amel bause the subject property Is a corner let and would have access through a side street, It -rags .the Cotsetssion's decision to recommend approval. Mrs. Cooke further Atli' the mental tit of the Henning Commission not to favor Allmf Wetness fronting Airliner Street. Notion by Zereky that the hearing be closed, seconded by Dtaz, and passed Minion by lire tiKX t s i pt" l`- '"amtgrmLfor--thheuserequested on Application Mo. 1273_11, amended by Diaz. lotion fair to pass .by the following WAS; StimPls, &A --is eume e. and Towner v*t#rg ''*air", Zarsky and Diaz, ,=Aye". 1 Tearmer that the Cceeuetit concur with the recomeendation of the reiselr c coca 7etfT `pprtsve the waning at & " .yr4 *4.--- ^ _ %eceeeulsd by Dost; and passed unanimously.. * * * * * * * * * .. Mayor Pro len Sample announced the public hearing on Application Mo. 1279-12, Nr. winos B. Ogletree, for a change of zoning from "R -IB" Ove -family Dwelling District 11 * Mutciote Drellino District ern Lots 27, 28. 292 30, 31, and 32, Block 217, Port Aransas Cliffs, Located at the southwest corner of Aransas Street and the Browner Ditch. City Manager Townsend explained that both the Planning Commission and the Planning Staff recommend denial and that in response to the notices of the public Bearing, thirteen In opposition had been returned. Mr. Townsend pointed out that the 20; rule is In effect and asked Chid" Planner Larry Wenger to summarize the case. Chief Planner danger 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 applicant proposes four townhouse units so the lots may be properly utilized, malntsinIng that because of construction costs and interest rates, he cannot afford to develop the lots with single-family dwellings. Mr. Wenger further reported that a maximum of savan units would be allowed under the requested "R-2" zoning on the subject lots; pointed out that the dsadend street is presently 780 feet in length while the maximum length under the Platting Ordinance for a cul de sac is 500 feet; however, an amendment is being considered to .increase this requirement to 750 feet providing there are ho - more than 21i single-family building sites on the street. Mr. Wenger further stated that approval of this request would allow a type of dwelling unit that would nat.bs compatible with an area that is completely developed with single-family homes and; mould, In the staff's opinion. constitute spot zoning. Meyer Pro Tem Sample called on the applicant to speak at this time. Mr.. tl i lam. 1. Ogletree, owneM:of the_proparty, statedthat t -pions to ;.onbt•ruct--- -a four unit aeartaeent: complex of an upper income type on subject property with open spaces.a+ed with a spied view of the Corpus Christi Say. Hr. Ogletree explained that lifeener Ditch adjacent to the north drains to Ocean Drive; however, it contelns very heavy brush and Is known as stopple Ditch and virtually a nature path in this area of town. he pointed out that the three vacant lots adiecent to the ditch are a mesquite draws and he cannot afford to tilld residences :o that ares. Mr. Ogletree g.Vii4k1A40. .61.44!:J-4.4A:Fmcwolaulah.1- Plimpton Spacial roumell reeling 4110eary 231. 191* Oolntedeut ScPm cf thm ob.Poctions that Were voiced bv a nserber of tha nmpfyrw_w.wwve__ who are opposed to the request and added that he would not object to a special permit for a townhouse. Mayor Pro Tem Sample advised Mr. Ogletree that the Council waseware of the objections that had been expressed and thanked him for his presentation. Mayor Pro Tem Sample then called for domments frms members of the audience. SpeakingIn opposition to the req4st was Mr. Richard lson, 3717 Aransas, stating that he retired fro m the U. S. Army in 1972 and chose his home. because the street was deadend and he -wanted the privacy_ He pointed out that this area is cam- . pletsly developed with single-family Names with the exception of a /arse home that was converted into apartments many years ago and is presently a nonconforming use. 1,s maintained that the requested zoning would infringe upon the rights and privacy of homeowners in the erea as well as impairing property values; that townhouses would increase traffic on this street which would be very objectionable. lie was concerned that the lots would be sold off once the zoning Is approved or they would be riaL.:-; units which would cause an influx of transients Into this quiet neighborhood. Mr. Poison pointed out that water pressure, sewer service and drainage is presently slow *long this street and added units on these lines would only increase this problem. Me further pointed out that there is a otological fault through this area from Doddridge Street to the Browner Ditch which could raise some serious questions as to the advisability -of Apartment construction which could cause damage to existing structure* by disturbing the fault. Mr. Dotson was concerned that white the applicant indicated that-fOur units would be constructed. the requasted zoning would ativo• up to 10 units. tie then presented the Cowell with re petition oU25 signatures frow- persone residing on 3700 block of Aransas Street urging the Councti's dentalLuf -• - the request. : - — M4Yar PrvilipiArplo asked for At show of hands frommsebers of the audience wbo are oppeeed to. the request and approximately 20 persons malndieatert. mayor procTem Sample net called for comantS f, -cu Mrs. Sarah Cooke of the Planning Commission, on this toning case. . . • .1.0161.* Speslal 10;gpost#l.Aa.ti iposmr 23, Imo': Mrs. Sarah Cooke eaplaIned to the. Council that It etas the Planning Coamtsslon's unanimous vote to deny the req est due tee the fact that the entire area Is zoned "R -IS" and that they fstt thet approval of the request would constitute spot zoning. • _ Motion by Turner that the hearing be closed. seconded by Dlaz and passed unanimously. Motion by Turner that the Council concur with the recommendation of the Planning Commission and deny the requested zoning of xx4-2,e ao Application No. 1279-12; seconded by Diez; and passed unanimously s _ City Manager Townsend presented the ordinances effecting the zoning changes approved during the foregoing public hearings. Acting Assistant City Secretary Dorothy Zahn palled the Council for tha:ir votes., and the following ordinances were approved: ORDINANCE MO. 15333: AMENDING THE ZONING ORDINANCE DE TUE CITY OF CORPUS CHRISTI ADAPTED OH THE 27TH DAY Of AUGUST, 1937, APPEARING OF RECORD IN VOLUME 5, PAGES 565, ET SEA, OF THE ORp.T.425 AND RESOLUTION RECORDS, AS AMENDED FROM TINE. TO TIME AND PARTICULARLY AS AMENDED DY ORDINANCE NO. 6106, AS AMENDED, UPON APPLICATION OF SiOHOR CORPORATION BY GRANTING A SPECIAL COUNCIL PERMIT ON LOTS 2 4 6 8 10 AND 12 DL6 K 4 BROOKLYN ADDITION,. IL F€RTIL1ZER AND HARDEN PJ*DUCTS WI til A MN RISE SIGN ACCORDING TO 1HE DtMEN5IDNS R ■► , Y ACHED 1171,67.0 MAOE 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: REPEALfIIF, ALL ORDINANCES IN CONFLICT HEREWITH; AND DECLARING AN EMERGENCY. The Chiseler 'tuie wee suspended and the foregoing ordinance passed by the following sots.. Sample, lest, Diaz, DamPhY. Turner, and Zersky voting, "Aye"; jamas, "Absents'. ORDINANCE NO. -19934: - AMENDING THE ZONING ORDINANCE OF THE CITY OF CORPUS CHRISTI ADOPTED ON THE 27TH DAY *FLAMM; MN, AFFEARINGOF RECORD IN VOLUME 9, PAGES 565, ET SEQ, OF THE ORDINANCE All *SOLATION RECORDS, AS AMENDED FROM TIME TO TIME AND PARTICULARLY AS AMENDED I Y .0* INANGE NO.. 6106. AS MENDED, UPON APPLICATION OF MIR. JOHN -S. RICH .JR.., SY AMENDING THE ZONING MAP ET WAKING THE ZONING OR LOT 1, IILOC11 6, KOOLSIDE ADDITION, .1I TED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "A mill" ONE-FAMeILY oatt N DISTRICT TO "M"PROFESSIONAL OFFICE DISTRICT ; KEEPING 111 EFFECT ALL OTHER_ DVISIDIIS OF WE MUM ORDINANCE AS AMENDED; REPEALING ALL ORDINANCES 1M CONFLICT .,•:2:00403104 AND. "I±tS_LAI*IM5.*1* EI1ER"aENCY. J "ChaiRtsr Rule ;was sum spsnded and the foregoing ordlnoncs passed by the following il�tl`!`s40410144# it, Paz, Olasphy, Turner. and Z.rsky voting,. "Aye"; Jonas, "Absent". Thele bnF rrg Lia further business to come before the Councli during the spscl.l Gounc.11 Awing, on motion by Zsrs1sy, seconded by Turner end passed unenlroetsly, the meeting wee adJOurned et 4;55 p.m.. Jamu*ry 23, 1930. j