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HomeMy WebLinkAboutMinutes City Council - 04/30/1980 - Specialrawits CM or c bl t sti . races SPIZIAE, COUNCIL PitETIMC .0 j. 4 City neneger R. Pierian Tossidind'Cit i Attorney J. Aycv s & , . . Cite , � 44 it; .. Er tether ,des zrt ied the "saotio9 to order In the Conn i t Chiedlisr of and stated that the purpose of the totting is to cooduct Mitt: hearings toning eari s ming aerit1004. 0.0 Secretary ISM d, Seed verified that the necessary men. of : ftud; tet Officers was -mr sent to •conduct at legally constituted tooting, City;Plainger iiMarvin Tesemend announced tho public hearing on Ap licatiOn• lliteld Cheek, fora charge of zoning free "li-tpr. time*family i g ..-- iittlAtt to ti Neighborhood liusirlIU District on Lot i, Nock I, than Js.n lark,. oh .lamnOrtbeast, corner of libber Deed end Deipbtne Stramt, City Manager Townsend Frsfareed the Coll that both the Planning commission. P%C orf recommend denial and that in responds to the notices of ti. c-#rulring to apposition and four in favor had boon returned. ale them ,,.. chlsf Planner~, to summarize the case. `Planner *anger located ttha area ow the zoning end fond Use steci, de *he 1 t ' in the surrounding area, shamed sodas of am arm:, +od #t9rtaid 1. tam Wlihis -t+o occupy &airing Brad operett an antique shop fr#rr.t Of: the :steeling. Mr. iirnger empiatIned tint the staff .fit: basis that a line for buslneexs zoning 'UAW.: app `irel of th•ls ,sppt.icptipn ih ili Cate d tk a €rtes Out th.t: the ori;:• 1d t* addItIoh. t i :Li :...from the. atop Otoisittr, e>rpl.i i thin; rro *'ky far residential use init optribtoi le ant mit t s` - i r. Chttk *toted ttiitrte #Id not rolelly r Speahlial ie favor of the epactal permit was Mrs. fort Carter, 4351 heli* sd» resides directly geitinti the subject property. /vs. Carter *Wog thlet she inat-d yrs 1" zoning hut would nett object to ♦ spacial pewl.t for Oil ofobriy- tit*o on rrtM . provided the tit resides can the property. neve OS* sus In regard to this application. Potion by,'Sample that the hearing be close& seconded by D(at and parsed /Woe -lanes stated th*t he ,i 11 vote to concur with the recosiondation of Noluting fitemeistiort. . 1 'ample irrr l with that remark and' polotsd acct them. t 1,1s' • • %trivet 4au4d ire .$ congested as Everhart Rood it such appttcat€arae arty +pp40d. maple that the Council concur with the roccrereadOtidrs Of th• Plogiolot-Cserniesicas ind deny Application No. 311O-13. seconded Dir Dian; and Passed th. fotlarrls**.tot ;harts. Smt1e, fussy Dlax, %rxnptyr and Turner voting "*y&'; r :#0001-0 109:A: Igo it. Capetillo, for a change of zoning fro! "iS-11" Onefaail.t Hop pi rl "g-1' lir#gtaborh ar€sd Rosiness District on tot 131. Block 10) 1VMt'k last on the south corer of 4 irginta tiMenus ind tib reit tnarca. Araii teas;; rote a fittest. shop i'nthe io 7irefigit'ptittof0 0#t conttlierrlirris toioetnity ar rsf thit she plan, to locate tkot ficklerIn roar of liar prisotrrty-; endir. :mei tiro .; ;i a ld to acCeetehils- 10 cheoh4milthe meq, City Manager Townsend noted that tba garage is lecited 00 the adjacent lot, which is not even Included IA the area of the aptrlicatton,, gmd it Is therafars net even prow. Mr. Townsend stated, however, that If tFa 400tiiii 40* lam. tai tt.`r ►U.d t thew has hat ed the *ppearae+cs of tht• . .t red of raw. Miran if She has atrrody started aperatt _„ t1a ;141*4.6. 0140, $' , iftwesontIng the Planning Comission, eaprassed t . tOtIon ld be denied. n o ectad to the Gtwncli's cansideraUon of • spacial pstslt•t. i .�fteitiapt thwhaaring be clow. serous by Wag and passed *Ph011ar Tonneend lie* Ow public hearing on Appl icat ion No. moi .: ' , far ar le -Z" Light industrissi .tiistrlet to t) i,s oris t District on a ii.i1` etre tract of land out of tabby tisdoetrlsi $0041vIehle, 100004 en the south side of Brett Street approximately 275 feet east or Veber Reee. City Manager yivirniend informed the Council that the Monolog Cortrsstssion r* Meds approval of the request on the froert 7* aims fist mkata i but Haat It trir si suet o the ra+elni+ng portion, and the Ptenning .Staff Is not opposed to the Vaning but nes recommending dental until * secondary eceeesneey is resolved onto *hoc **ltd. pa stbitr over the drselnage ditch to the south, /tr. Tesren Bend looted greet In response to the notizeS of the public hearing. three in favor and four In . ditto lead been retutnets'. City maertger Townsend expressed concern about the locatioe of Brett Street, toting that during peak traffic t.w, ;t is aliott WpOsSibio to grant eccase to Weber Road from erect street end expressed the opinion that the location of eperteents on this tract would Doody compound this problem. Chief Planter thnger Loc ted the area on the toning and land use sap, des,- erlined the land use in the surraunding area, std s i idets of the erne *ad stated that the owner pig the construction of an apartment compiaa on this tract of lend. etetea thin the: +tally way ncdess that rodd be provided tallithim hoed involves .,eloVering the dteittege ditch and constructing a road over It. W. lbutger then die- eltivekitt este showing est possible Incation of.• streeet to provide Wires; fro* thin City Manager TOnnsend furttttr explained that there is m greet deet of .14*tistt iii. that area; It its ate st loposelalo for mortems to von e t fe fs the moat raritital street prehtme tit time Mr in th#it` 0001 ifYti loos -Oen. the eonttreetton of a hoo4ud ittdott hit Zettthy aoted that eppareetly the City time the meed 'res t, ' d 414a9a to and the outer land needed for tbst retreat is p lvetseiy toWeetted agreed and stated that the tienerS of the vee=itxus naw in the: Oft readily s rat tit they hove a prob l ear. He reiterated 4MW4beritasedeeeityi tooth es this sparteent t000lax. old further +sitgreeett itinaes Specie* Councii Ji it* April 30, 1910 Page3 a critical st?tteerttna_ Ston c3.t aimhncr.-447Asttehi his remerbs end ingetred IP theapplitent agreed to lesttal i the strut and the outer property openers did not, would condo*, nation procedures be required. t1ty Manager Townsend expressed the opinion that this stetter could b* resolved, but the 'City wv14 t* pad• for the expense of covering the drainage ditch at eye estimated cost of $100,000. Chlef planner tiger pointed oat tnat "A•2" toning on fids pr at' wo414 *now for the construction of 486 utrlta, 4414 the staff reels that Char* Amid be sobs secondary access to Weber Aped. Coanc1l hetaltar Turner *slued for the staff's opinion of the planning Cott- easz#on's recommendation to approve only 7i Acnes of the lamed for "A-2" toning. City Mensgier TOonsitent stated thet the staff de " t ' i r . . that recommendation, ndation, because they feel that if the front portion 3s zoned •rA-2{'3 then that entire treat should be zoned le the salve way; otherwise, the back por- tion mid derakkoad li v riot iseoeirl41 uses. which mould require trucks tv se- the bye portion to go through the apartment complex areale to gain access to Ant beck portio►, Ths Kalli t, Ser_ ter! M. Anderson. addressed tb. Council- and exp: #ed' ,thhOPinien. that opertmems sre tb.. best use for this tract; the tract lies t , i y at ' aper,moots; and the developer pins to demitop the !foliose, Rot .be phestssi dur-iteg iiia thele say problems ass+ c1.ted With ace#e colic ", urb le : pointed out the ereet need rot aparbaoma • t tie jortcaopo is Air and tea 1s ideipiatk:' in resod to the setoodary teed, 100000011ile ar Or iS, hat 1t beat hired or Mr. Anderion:11 1#1141se to eve ve Citic Eh* trim of Oise frafetty ectordifi9. . t tst+rd: t he felt that. tht*. world tot afoot -I4mattotad stated that it std br Vie, 'tt Ff iltirroititioo that -344 Wit' property shoeid• be rapietted to show tet -e 40m14arY street, since the aceete ";1-4.1,PAritrIF a part ef 1f platting process. Nt. Andersonp6inte ant that the property is already platted In two lots. Meyer James noted that several different property 011000fS mould have tm participate in dedication for streets. City manager Townsend agreed but statee that only three owners are inve/ved. and Mr. Anderson owns the largest place of property. Also speaking tn favor of the eppl ;cation was Mr. Larry Urban of Urban Engineering; eho stated that they ere the engineers on the project. Mr. Urban stetted that the developer,is of the opinion that proper access has been provided DY the freeway and the access rift& He stated further that they felt that this is an ideal location fow *parteet develepent and vould be benefictel to the City. He further pointed out thet the awngr h* lAdicated thee he Tgi fl0.50pwrits with the Ci ty to dedicete the land to provide access, but the City will have to dotite the method of developing the secondary street. N* agreed with the City staff that constructive at * toad over the landfi 1 It present some problem* and suggested that * temporary road be considered. Mr. Jett Dinerstein, representing the developers, Dinerste ins Sul Iderso Inc. informed the Council that they pian to locate 260 unite in the first phis; steted that they hive a probity' beams, of the difficulty in financing in that their only have bd day, to obtain the proper zoning end commence work on the pro - /41444 404 Pointed out the great need for nm -e apartments in Corpus ChristiMr. , Dinerstein emphasized the fact that 4,PrOsfeetelY 90% of *II of the eateigale for construction, the contractors and soh -contractors mould be (roe focal sebrete, nsitiOdr provtdeampioymant for area residents. $r. VihrtrittlitAlsploy.01 spliit040004 -1,00osofc401010114 his company constrimi3iithd.onOtohWat thi. Alt,i0Onerty. ,,(10.144Zariky 404000o *9 Hr. Ettoostorin 1411#0100114by th. P1.nnIqwecild be sat14fimistoty tbe ic.pt.bs bit thiliwooli 41i. rk. twork w . , **oft for the second phiiiie of their dewitopee4„ . _ -ter....,riot the amass road to .tier er rrtit. ;�pRq{ZST 3r'es' R limetstatin emplained abet hie compenl''s temegemece toss h.d eitiageed reit very Carefully Aad tilt do not envision tiny excessive traffic probls. City teneger lew!%s nd stated tttet the staff is of the opining, tet time of tbi property -Should hove bean subject tri better accas#R eod the staff epprovel of the 'A-2" tooting with the tonditiori that Tiger tenet* µ ,ttrtded to provide emcees_ Mr. Dinerstein stated that in vier "t the circuestenees. his cc .ny.i Mid brrarilliing to amts the cls of zoning for the first phase of their d.v.lap tint reccatmendted hi -the Planning. and this Citi provide more tie* to work Out the pr obt4rrs -for the second obese of the project. Council Member Dunphy stated that he sees no logit in approving "A«2n ZOelite ler 7T Cres end leaving the rear portion of this prteserty zoned "1-2" ender the asst iption that something will be resolved tater in regard to *cress. Mr. *why expressed to opinion that the entire application should be considered et the snow rima for reaviairg but stipulate that construction could only dCGur on llie front portion until the access problem is worked out. City Manager Townsend informed the Council that It would be possible for the- tp act on the front part of the property and table the remaining portion of the reque t-utrtll it is replotted to include a street through the property to -tOnsitilonber Ptiphy reiterated that since Mir. Andhra. n has .greedto te-:thl street ;r.it -of wa.? he fele that this should be'dons 'rs70r . ci f Zersky noted that the requirement for alt for the ilii :letard oo fiber i''f hyiIipaaot es wall es. the second paean« Ild be rt&sol Wore the thu s of *lir is grtlei .tad ,a epsreto Oat**. ird to dart'avian th.I r lei t ore i tt 'finWft,00C.04 itenettlt• d act to incluAmthe4e stipulations. . Meeting 4R4P-404 #404t. rs� --� _-..1041,, if...# wcu�± d Sorel. to_ thi3.. I.r . Dinerstein asked for a eIarificart#nn, inv.Ncatinn that he understood Chet the City itd Ixegrove the {raln,ace ditch sts that ,a street could eventueliy he - . si; t+�d here.. !is states§ ,real he would N. yap !lint; to construct a private drivy th.. rough ti4i i property bet he could mat install a City street through the property. indicating that his concern as tr. previde. r teens. for the lessees ofthe apartment development, He reiteretesi that .mak mould snot eauitd a City street at his expenSe under any condi t izeas. Council Member Zarrsklf inquired about the Citi poilcy pertaining to .streets in subdividers, stating that It mos his va derstund=rg- that the developer trust Tih4teltt streets. within the subdivision br_ t;l developed, - Chief Planter itenoer agreed that r=;= = assuept i.on is correct since accord- fr .tom --the t}r.'dlnn _ ttat developer r est d *, hate and construct the street when he Is building a subdivision. hr. Dinerstein again stated that by bouid he grilling to Install the priv.tr drive ail the way to Veber,. hr. Sane Alien, ager of the adJisir4inq property, stated that his property OA already developed, and at the time he developed his property, he had to donate atld develop the street through his property. City Maneger Townsend interjected that approxlmetely Ze years ego, he had urged that Brett Street be mored to provide a dotter new of traffic_ Mr. Allen coot truest and inquired as no the location of the proposed road.. hr. Dinerstein replied, that it would be rated where Syron Street is the imp. turd i mer Zer=S*ystated that telt that the question of the zoning shootd be examined in an et Inept to help this developer. de commented than if the aoni,ati Is oPProved .{xhd if the property cannot be utilized for. that purpose, 1ty mouldcertainly -hale i large expenditure in providing actess On top of the< 041ditch, fir, Zari*y also commented that. the, City does net have they authority a stte4t :l ; i this -Property. tialiagtr T qigt1.4 reelrued to Syron 5trwrltlbtry .rt err whkh err. 164404 w;thi€t the 1440re; property end styled that those streets war* over ,dosed. reistitices Noosed ce the street closing, sere fir. fraisfikee -.014411Ervtains moi idrra ih44 Intanning. rieseeleilessfist •enon that "A 2" elating t of- the rreq, en4 ergo! that t4s,:cowoettyleit rbe4wsee r se scree#.ems t portlan e t ` i by the Planning ,ti w J 14pt. 11 the Second phase for et lam, JII ilY *poe tiewta resole* sly of the probi noispany amid dentate the mired 60 feet of right lotion by lent that the lentil conte- witty she rt �1 .'0400S1 Iand +grent the zoning of 11A-2', on the front 7t sc for ti end that both the o r end the City staff Meet t tit mork. nut * solution for the rear portion of this propertlr. The srcOnded by Turner. After further discussion. Mayor Jones called for the vote on the motion city + e ` Townsend anr-Vc ed rhe public hearing on Application No. 38=47, for d chsesje of zoning frosts "i1 -11f, one -feel iy Dwell leg "brei Witness District an tots 39, kC and til, block 1, l *404 ony 3t ted an the niOrth side of Afton* Street, apprroxlasstaly treast' and approxirtszly 50 fees south of Sessth re. Spacial roanaill heelpieg April yo, lato %got to • ..... tali. reorterstTieramME to mrtect stilei-'440ranF Units on teil.fweewertv: - Mr. tdoordn 40 *nes, representing the applicant, referred to his 40010row" dustbkgio detail the reasons for tbis request, Mr, de Ass, explained that . • . • - . . • ble client already owns, four adjacent lots fronting on Padre,Isand Pru.ishiah we prevrtity eionad general bwsiness and he pfogotts. 0401..storogo wii on ill* *high freest oft Padre Island firteet he would erect a standard screening floe!. bets/000, .-. . . the storage malts and Johanna Street; dedicate a 25 -foot strip fronting on Jahanne Street for a smolt neighborhood parit,t and 10414 donate some recreational:eloipaant for this park_ He pointed out that there would be no treffitoo Johanna Street from the property containing the storage or,s end stated that his client wOutti not b oppOsted to a special permit. -,C,tel4tewwew.e d. that A 2i -foot strtpiftes not constitute * park. spopkins in opposition to this request was mrs. Leslie Pointerr speaking oe behalf of Mr. Offver 4ray, who stated Oat Mrgray owns m rental hor-S-ue qTr the' -- westand if this epplication ts approved. lir. Gray's house will be sItuitted between storege barns and a motet. Mrs. Pointer stated th*t Mr. ;ray felt that his property would then be downgreded and that the 25 -foot strip would be more Of a danger than An asset and would require daily maintenance. Mr. hoe Morin, 2545 Johanna, presented a petition from residents of the area expressing opposition td this change of zoning. Mr. Morin stated that If. this zoning Is approved. their street would become a business street and the character of the neighborhood would be destroyed. $o one else spoke In regard to this zoning oppiicatIon. Motion by Smst that the bearing be closed, smoonded by Turner and passed unentodsly. City 3ancr Townsend Informed the council- thAt in view of the fact that the petition has been received, nor* than likelyt the 2.O rote will be in oriwt. Motion by test that ApPIWAtion No, 380-17 be denied, seconded by Turner, and pots**4 mq*Bisiousiy. * !:t * 4 * * 4 City Mens' Townsend presented Ow codinante effecting the ohenge of . - toning on Application Mo. j40. -i$, City Sect-etary Reed polled the C.ounot for t Ipotesi and the fallowlop ordinance was ossei3z a 11$i'#►71lC�1 4 cif- - 9.WAS 5454, tT0? mi 0RDHS Ti ..' 1 AND 1 TIC�y 1!$ .�1 orLIM100. 1it1.# CtTrOF MOOS 0041114. PACES TYrr . r ` .yy , . x = i- y CT..f i•i - 2 : 3 �. .4 1.R1N- N tit; ALL. •ontioitooct$ � 11: - R.S.Ae) Y . .• Olt fomgoing ordinance aassaQ by the following Owmpby, Turner, voting "grit"; bosky, * ilk # * A • * 4 4 it- urtheribusiness to come before the Council., on motion by by r1 r404 palmed unanimously, tI*.. Sutclml Couree#! Stiktitt2 w� 30, 1980.