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HomeMy WebLinkAboutMinutes City Council - 10/15/1980 - SpecialMINUTES CRY Of CORPUS CalDiSai, TEXAS SPECIAL COUNCIL MEETING 0CT0 ER 15, 1980 3:30 P. M. PRESENT_ Mayor Luther Janes Mayor Pre Ten Eduard L. Sample Council Members: Dr. Jack Best David Diaz Jack K. Dunphy Betty 8. Turner Cliff 7arsky City Manager R. Marvin Townsend Asst_ City Attorney Bob Coffin City Secretary Rill C. Read Mayor Luther Janes called the meeting to order in the Council Chamber of City Nati and stated that the purpose of the Special Meeting was to conduct public hearings on three zoning applications and two text amendments. City Secretary Bill G. Read verified that a necessary quorum of the Council and the required Charter Officers were present to conduct a legally constituted meeting. City Manager R. Marvin Townsend announced the public hearing on Application Mo. 98G-2, Mr. Kenneth L. Yarbrough, for a change of zoning from "R -IB" One -family Dwelling District to "B-4" General Business District, located between McArdle Road and Mount Vernon Drive approximately 116 feet east of Lenora Drive, being Lots 1 thru 4, 6, 9, 10 and 11. Block 10, Lots 3, 4, 5, 7, 8, 10 and 1l, Bio.k 9, Mount Vernon Subdivision ii3. City Manager Townsend noted that both the Planning Commission and the Planning Staff recommend denlal and that in response to the notices of the public fearing, 7 in favor and 2 in opposition had bean returned. Mr. Townsend then asked Mr. Larry Wenger, Chief Planner, to summarize the case. Chief Planner Wenger located the area on the zoning and land use map, des- cribed the land use in the surrounding area, shred slides of the area, and stated that the request had been maJe to change the zoning so that It would be consistent with the zoning recently approved for the expansion of Padre -Staples Mali. Mr. Wenger stated that he was not aware of any plans to further expand Padre -Staples Mall. Mayor Jones invited the applicant to address tha Council. - ''res Y"'_,s": r �. .. rr✓`„ aimatee Special Covecit Meeting Botcher 15, 193.1 2. Kr. Kenneth L. Yarbrough, attorney representing the oweers of these proper- ties, noted that one of the rots should not have been included in this request because Mr. Roy Smith his. contacted that earner with the intention of purchasing the lot and has also indicated his intention of purchasing the first five lots on Lettere Drive_ Kr. Yarbrough stated that the City staff indicated that they objected to this request because it seems to be speculative in nature, but he pointed out that if "B-4'9 zoning is granted, the owners would have an opportunity to sell their lots for business use. Mr. Yarbrough explained that after the zoning was changed an Janet Drive for the expansion of Padre -Staples Mail, that street has already changed in character to rent property, and the property of the owners in this application is being surrounding by business zoning. Because of the number of perking Tots located In the area, the residences are experiencing poor drainage. 1(r. Yarbrough also pointed out that If Janet Drive is closed, traffic will be greatly increased on Lenora Drive, and he feels that "B-4" zoning is the best use for this property. He stated that the applicants feel that they should have the advantage of business zo»ing ratherthan have a large developer such as Mr. Smith purchase their lots and then obtain business zoning. Mr. Yarbrough summarized by expressing the opinion that the small property owners should benefit from the cbenge to business zoning. Mrs. Barbara Lampert, 6$01 Pharaoh Drive, stated that she is not repre- senting anyone, does not own any property on Lenore Drive, will nut receive any cash increment from her appearance before the Council, but that she is in favor of the approval of this application. Mrs. Lampert pointed out that this neigh- borhood Is rapidly deteriorating because of the rental property and contains numerous=junked cars. unkept yards, etc_ She contended that the owners of Padre -Staples Wall have approached the property owners in the neighborhood to purchase the property; they then rent the property; and then have no interact in maintaining the neighborhood. Hrs. Lampert stated that it is obvious that the owners of the Mall plan to purchase ail of this property in order to expand their facility. She expressed the epinion that the residents of Lenora Drive are going to have to move to other areas and the only way they can purchase pro- perty of equal value elsewhere is by having their property zoned "B-4" 50 that Minutes Special Ceenci1 Tkets' October 15. ma ?#se 3 they wilt be ableto sell tbeir property for a better price. Mr_ Virgil Hurst, 4914 Lenora Orive, senke in favor of the applicsticns and indicated his concurrence with the statements wade by Mrs. Lampert. He pointed out teat their neighbori:ca d is unsafe for residential use and they would like to move, but they need to sell their property for es much as possible in order to be able to purchase comparable homes et current prices. Mr. Hurst stated that no one in the neighborhood wanted to fix up their houses since they know that the area is destined to be zoned for business. He also pointed out that Mr. Smith had no difficulty at all in obtaining business zoning for his property on Janet Street. Council Member hest noted that at the time the Council approved the rezoning on Janet Street. it was with the understanding that a screening fence between Janet and Lenora Drive would he .installed. He asked Mr. Hurst if this is accom- plished. would the property owners on Lenora he willing to paint and fix up their property. Hr. Hurst replied that things are different now since Janet Street was rezoned 'B-4". Mayor .loses pointed out that alt of the property on Janet Street was owned by one owner. Mr. Wilbur k. ason. 4342 Lenora, stated that he had lived there for 20 years, but since Hr. Smith is attempting to purchase all of the property in the area, he Feels it is only fair that the present owners benefit from the business zoning. Council Member Zarsky noted that if the traffic increases in the area, he is of the opinion that this would be a detriment to business zoning on Lenora and that he did not think that this area Is designed for business. He suggested 4 that other eases might be better for this street, such as apartment zoning_ Hayer'Jonea.called for comments from Mr. Archie Walker, representative of the Planning Commission. Mr. Walker stated that this was a very difficult zoning application, since it is obvious that there is business expansion in a residential area. He verified that the Planning Commission was aware of this. but the only way these property owners can possibly retain this es a residential area is by cooperating and refusing to sell their residences. Spec.el( [sorrel l Seet i ng October tee tOs Meg*4 Council Member Diaz noted that he did rat recall that anyone was in opeo- sition to this change of zoning. Council tiembee Zarsky stated that he was net sure that the applicants mould really benefit from "e-4" zoning, since it might be difficult to sell their property for business use. Council Member Turner pointed out that this is a zoning problem, and the Council needs to determine what the best zoning would be for this area. She expressed the opinion that this area would be a logicsl extension of the busi- ness zoning that already exists in the area. Mr. Walker noted that if the request had Included every lot on the block, this would be a good reason for approving the business zoning. City Manager 'Townsend pointed out that the large fence did not enhance the neighborhood but actually detracted from it. He stated that it should be the obligation of the Mall owners to submit their replat to show how they plan to route traffic so that there will not be an increase on Lenora Drive. Council Member Turner ascertained that the owners of the Mall were aware of this application because they were in the area of notification of the public hearing. Hayor Pro Tem Sample stated that he felt that the end result in this neighborhood would be business zoning all the way over to the park but he was not sure that the property owners that submitted this application would really benefit from the business zoning, because the price paid for their property is e matter of negotiation between the purchaser and the property owner. Mr. Edwin R. Arthur, 4417 Lenora Drive, spoke in favor of the application. Idr. William R. Morris. 4930 Lenora Drive, explained to the Council that the residents were in the area before the Mall was built, end since that time, they have experienced extreme flooding In the nelghborhood. He alsa noted that the area is completely surrounded by business zoning and they need to move from the neighborhood. He expressed the opinion that after Janet Street was zoned "D-4", their street is destined to be acquired by Mr. Smith. Mr. Horns also noted that the large screening fence has actually had an adverse effect on the neighborhood. He summarized by stating that the property owners need to obtain the highest price for their property as possible and they feel that the business zoning will help thein achieve this goal. 4 440 Mautel ober S° MeetingPage City Manager Townsend individual Roth the pointed out that a6lc business neighborhood could bed if "0-11" ronin is approved, an Hess d developed y such � a b ° trit€t Rots int neighborhood. bar, and this would be very detrimentl to the objection- lots stili contended that "8_4" sLaLit15 hat znnfn9 would be � and the other PrnPe7't !Ir• 1a Y owners beneficial to them, will able o sough summarized by stating that ion to move as soon as possih be tlna these e!! their applicants Fee; one that they Poke in regard to this Y if !t is zoned „8 -/err unaniemaslYMotian by Sample that the hearing be a closed, seconded by Y Best and passed Sampler, and passed anEmou iaz that he requested zoning of "8-4" be gran *#**#* ** ted, seconded by * * * * * * * * * * * * . Ser Foarnsend announced * * * # * * * * * * * * * CRtyR�� the public hearing f�°° inc. and lir. A Adams, for °n Application Busi- ness District a "A-1" a change of No. 98D-5� Apartment zoning from "g_4„ General Busl- OrstrSct, l House District Gated to "1-2" Dist A. on the east side of Navigationtight Industrial Fier vitt of Block Boulevard, northof Trac out of Black g 3. J. C. Russell' F BearFarm Lane; ' J. C. Russell farm Blacks. tract B City Manager also being Townsend informed the Council that f area is zoned "0-2", r _ re the Planning Staff roc the Planning Commission 1 to the west and soueh.ft will have a detrimental recommends effect on denialbecause reside ii this �f Public hears He also noted that in r residential area ng. three response to the ! ~'r of Planner in favor and one in opposition had beenha notices of f gip. da Larry Wenger iota ed he r-turned, -scrTbad the land Use in the surrounding area, and stated ''hg and land use that the applicants wIs showed to ail development h'to obtain slides of the area allow dev on the w ar t is being with surrounding uses. for Mrh Wenger a use of the land ht ma P an ra that area of request. developed for residential es Td . ale° located entfai use which !s near this MBneees: Bpeslai Council Meeting October T5, 1380 City Manager Townsend noted that all utilities have been in for some time far residential development. Mayor .lanes cal.ed on the applicant to speak. Mr_ A_ Keen Adams, lin Guaranty Sank Plaza, appeared In favor of this re#urst. stating that he owns Tract A and was speaking on behalf of Smicon, Inc., the owner of Tract B. Ir. Adams provided a brief history of this Tand, stating that at cee time this entire acreage was zoned "1-2", but in 1969, Since there was no demand for industrial use, it was concluded that this land might be suit- able for duplexes or apartment development and the property was rezoned to "R-18". Me Stated that after this, many efforts ware made to encourage residential develop- ment wlthaut success, and there Is certainly no demand for apartment construction in the area. Mr. Adams expressed the opinion that the only passibilityfor develop- ment is "I-2" use. Mr. Mart F. Smith, who owns the "1-2" zoned lots immediately adjoining this property, pians to purchase some of the tract in the application for the purpose of constructing of an industrial development. Mr. Jobe Morrow, representing Thomason Heal Estate Agency, Informed the Council that this agency has had this property listed for two years and they do not feel that there is any may they can sell the property unless industrial zoning is approved. Ms. Iota Juarez, representing the West Oso independent School District: expressed opposition to the zoning request, noting that Village on the Green, which is in the vicinity, is being developed with nice homes, and they were of the opinion "B-4" zoning would be preferable on the portion across from Village on the Green. Ns. Juarez stated that the School District does not object to the "I-2ms..r.,�..tee on-the-remainder-of-thetra.tt5- Council Member Zarsky inquired if the type of warehouse planned to be located on thistract could be installed In "B-4" zoning, and City Manager Townsend replied that it depends en the type of warehouse planned but ordinarily, typical "1-2" use cannot be constructed on "B-4" zoned property. Mr. Larry Jones of Mercantile National Bank explained that they currently own the tract because they foreclosed an the property, and et the time they acquired the property, they had a feasibility study made which Indicated that S N M .: Minuets Spacial 'Council Meat;( October ia. 1:9e0 Page industrial use was Ideal for this location_ Council )serener Zarsky asked the applicant abeet the suggestion that "B-4" zoning be approved on the portion as requested by the School District, inquiring if they would be satisfied with a special permit far a portion. Hr. )dart) stated that he owns that property, but he would be willing to sit back any building fronting on Navigation Boulevard if the residents in the area desire_ He expressed the opinion that such a Setback would be a reasonable buffer from the houses in Village on the Green, since they back up to this property. City Manager Toensend referred to the map of the area and called to the attention of the Council the fact that the high school` tract has Village on the Green on one side, but other areas are rapidly being developed for industrial use. lie informed the Council that an application will be presented within the next two weeks for another request for "1-2" zoning in this same area. Ko one else spoke in regard to this request. Motion by Semple that the hearing be closed, seconded by Diaz and passed unanimously. Hr_ Wenger reminded the Council that the Planning Commission conducted a study in 1970 as a guide for zoning in this area, and following the study, they reconmended that the south portion should be developed for residential or apart- ment use and the north portion should be industrial use. notion by test that the Council concur with the retomendation of the Planning Concession and grant the requested zoning of "1-2" on Application No. 980-5; seconded by Dunnhy; and passed unanimously. City Manager Townsend announced the public hearing on Application No. 980-6, PAC International, Inc., four a change of zoning from "8-4" Genera) Business Dis- trict to "1-3" heavy In:in-atrial DT3trict, located at the southwest Corner o£ Aand Horgan Road and interstate Highway e37, being Lots IR and 2, Block 1, Guth Parkside Annex. Hr. Townsend informed the Council that both the Planning Commission and the Planning Staff recommend denial and that in response to the notices of the 1 Minutes Special Calnc U Meeting October te, 1980 Page 8 public hearing, Soar in opposition and one in favor had been returned. Chief Planner Wenger located the area on the =sing and land use map, des- cribed the land use in the surrounding area, showed slides of the area and stated that the applicant pians the installa on of propane converters and a propene tank. He informers the Council that such use Is considered a hazard; therefore, "!-3" zoning is required. City ,Manager Townsend .interjected that the staff feels that this type of use should be limited to isolated areas. Council Member Zarsky noted that there seems to he. a need for propane service in that area and recommended that more information be provided. Mr.Hank Coulter. District Manager for PAC International, fro... eauston, spoke in favor of the request, stating that the company needs a one -thousand gallon tank to store butane on their property, but under the present zoning, they are only allowed a 150 -gallon tank. Hr.Coulter continued by stating that many vehicles have been converted far use of LP gas and he presented copies of statistics that indicated that LP gas is safer than gasoline. He explained that LP gas is used extensively in the Netherlands, and according to tests conducted there, the vehicles using LP gas have been proven to be safe. Mayor Jones inquired if this information had been presented to the Plan- ning Commission, and Mr.Coulter explained that theirs was the last application to be considered during the evening the Planning ConnJssion met and they did not have time to present very much information. Hr.Coulter than read a letter from the Railroad Commission indicating that they have no records of any deaths or accidents as a result of the crash of an LPG truck. He contended that an LPG truck cannot explode and that gasoline powered vehicles are much more dangerous. Mr.Coulter stated that be does not understand this City's opposition to the insiailation of propane gas tanks. Mayor Pro Tem Sample referred to the statement made by City Manager Townsend that this case could be tabled in order that more research could be performed as to the safety factors new available for the storage of propane gas. Mr. Semple admitted that he has never had an accident at the location where he stores propane. He asked the applicant if tabling the matter would place him in It Knatea Spacial Council emetic; iltestber 15., a9 Rol* 9 jeopardy_ Mr. Coulter pointed out that the staff had as much time as he hos to study the problem„ and he did not think they would take the time to do so now. City Manager Townsend explained that several departments of the City are Involved in a further investigation, and it might take a little time for than to correlate their findings. Motion by Diaz that Application No. 980-6 be tabled far three weeks, seconded by Turner. City Manager Totaesend inquired of Mr.Goulter if he was implying that propane is just as safe to operate with as diesel or gasoline. Mr.Coolter then sired slides of his location and the distance from houses. Ma also showed slides of various prnpene tank locations in the City. Speaking In opposition to this application was lir. Bob Glover, minister of the Arlington Heights Church of Christ, who explained that their property is a 5 -acre tract of land across the street from the subject property. Mr. Glover stated that the church, which consists of 375 members who are firmly opposed to any alteration of the present "6-4" zoning and that a change to heavy industrial zoning would violate the neighborhood concept already established. Mr. Glover pointed out ttiat every source from which air. Coulter had quoted was from LPG, news publication or from an official of a propane gas company. Also speaking in opposition was Mrs. Nell Jones, 2763 Morrow Drive, who noted that the proposed location of the propane tanks would be within Z00 feet of residences anc objected to "1-3" zoning in an arse that is predominately residen- tial. She expressed the opinion that a study by the staff would be a waste of time. #o one else spoke in regard to this application. lMstiotr by Diaz that the hearing be closed, seconded by Sample and passed unanimously. Mayor Jones called for the vote on the motion to table the application for three weeks and it passed unanimously. * * * * * * * * * * * * :r * * * * * k '.c * k * * * a * * k * k * k * /Mantes Special] Count" Meeting. October 15, 1980 rase ;0 City Massager Townsend announced the pubs€c hearing on the fallowing two Text Asea& entsr ti. Text Amendment to Zoning Ordinance, Article 33: (1) Filing. Fees. Delete Sections 33-3.01 and 33-3.02 entirely and substitute new sections requiring payments of $95.00 for costs of publication an all Board of Adjustment Appeals and payment of $150 to $550 on zoning change applications, depending on size of acreage frau less than 5 to more than 20 acres and providing for partial refund upon request in case of denial. Fence Exceptions. Delete 33.03 entirely and substitute a new section requiring payment of $150 for costs of publication on application for fence exception and providing for partial refund in case of denial. (2) (3) Payment to Assessor -Collector. Delete Section 33.04 entirely. Recommendation of the Planning Commission: That it be approved. e. Text Amendment to Platting Ordinance: (1) Fees on Plats. Delete Subsection A-1 and substitute new ons setting filing fees an preliminary plats at $20.00, final plats e10.00 per lot plus $1.00 per lot or $4.00 per acre if lot is over 11,000 square feat; recording fees to be fixed at same time as final plat fee and providing for fee refunds and exceptions. (2) Delete Subsection C(5) and substitute a new section regarding period of validity of final plat at 6 months, expiration in case of nonconstrucdon andconditions for request for extension. (3) Amend Section VI Subsection D by changing the existing text to increase filing fee from $21.00 to $50.46 for one -lot plats in Paragraphs 2, 4(7), 5 and 6. Receeemendstion of the Planning Commission: That it be approved. Mayor Jones ascertained that no one in the audience desired to speak on these proposed text amendments. Chief Planner Wenger briefly expia?ned the proposed fee increases. Council Member Zarsky suggested that the fee scale should he based on the number of residents in the area of the applications. *Council Member David Diaz departed the meeting et 6:10 p.m. Mayor Pro Tem Sample moved that these items be tabled because he Is of the opinion that the recommended fees are excessive. The motion was seconded by Council Member Zarsky. City Manager Townsend pointed out that the 1980-81 budget is based an the increased fees - 41) t rmtes Spealak Cowell L! ar'-_ October A5, 150,2 Pagel3 tkeyor .penes calked or the vote on the motion to table this application and it passed 2[etanistous3li. * * t ***it * * * * **Li* * t t * * * * r. * * * *AA*** 2 City manager Townsend presented the ordinances effecting the zoning changes as approved during the public hearings. City Secretary Read polled the Council for their votes, and tha following ordinances were approved: ORDINANCE NO. 15822 ,AMENDING THE ZONING ORDINANCE OF THE CITY OF C©NPUS CHRISTI ADOPTED ON THE. 27TH DAY OF AUGUST, 1937, APPEARING OF RECORD IN VOLUME 9, PAGES 565, ET 5E4, OF THE ORDINANCE AND RESOLUTION RECORDS, AS AMENDED FROM TIME TO TIME AND PARTICULARLY AS AMENDED BY ORDINANCE NO. 5106, AS AMENDED, UPON APPLICATION OF KENNETH L. YARBROUGH BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON LOTS ITHRU 4, R, 9, 10 & 11, BLOCK 10, AND LOTS 3, 4, 5, 7, 8. 10. & 11. BLOCK 9, MOUNT VERNON SUBDIVISION #3 SITUATED IN THE CITY OF CORPUS CHRISTI. NUECES COUNTY, TEXAS FROM "R -IB" ONE -FAMILY DWELLING DISTRICT TO "B-4" GENERAL BUSINESS DISTRICT KEEPING IN EFFECT ALL OTHER PROVISIONS OF THE EX€STING ORDINANCE AS AMENDED: REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND DECLARING AN EMERGENCY. The Charter Rude was suspended and the foregoing ordinance passed by the following vote: Innes, Sample, Duephy, Turner, and Zarsky voting "Aye"; Best voting 'Nay"; Diaz, absent at the tine tha vote was taken. ORDINANCE NO. 15823 AMENDING THE ZONING ORDINANCE OF THE CITY OF COtiPUS 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 1606, AS OF SMICON, INC. AND MR. A. NO. K. ADAMS BY AMEdDINGPON THE ZONINGTION MAP BY CHANGING THE ZONING ON TRACT A, BEING 0137 OP BLOCK' 9, I. C. RUSSELL FARM BLOCKS AND TRACT B ALSO BEING OUT OF BLOCK 9, U.C. RUSSELL FARM BLOCKS, BEING MORE FULLY DESCRIBED HEREINAFTER, SITUATED IN THE CITY OF CORPUS CHRISTI. NUECES COUNTY, TEXAS, FROM "R-4" GENERAL BUSINESS DISTRICT AND "A-1" TO "I-2" LIGHT INDUSTRIAL DISTRICT; KEEPING IN EFFECT ALL OTHER PROVISIONS OF THE EXISTING CONFLICT HEREWITH SAS AND DECLARING AN EMEIENCY.PEALING LL ORDINANCES IN The Charter Rude was suspended and the foregoing ordinance vpassedng"Ay , the following voter Jones, Sample. Best, Dumphy. a nd Diaz, absent at the time the vote was taken_ * * * * * * * * * * * * * a t * * * :t * * * * * * * * * * * a * rt On motion by Sample, seconded by Best and passed unanimously. the Special Council fleeting was adjourned at 6:20 p.m., October 15, 1950. 11