HomeMy WebLinkAboutMinutes City Council - 12/17/1980 - SpecialMrs
CITY OF CORP.*: CnzSil, TEXAS
SPEC zAt CL+ialtCZL it€ETI'iG
:.3O P M
PRESENT:
' Mayor Pro Tex Edward L. Sample
Council Members•
Dr. Jack Best
David Diaz
** Betty M. Turner
Cliff Zarsky
ABSENT:
Mayor Luther Janes
1ember .lack K. Dimly
City Manager R. Marvin Townsend
Asst. City Attorney Bob Coffin
City Secretary Bill G. Read
Mayor Pro Tee Edwarad L. Sample called the meeting to order in the Council
Chamber of City Hall and stated that the purpose of the meeting was to conduct
public hearings on three zoning applications.
City Secretary B111 S. Read verified that the necessary quorum of Charter
Officers was present to conduct a legally constituted meeting.
City Manager R. Marvin Townsend announced the public hearing on Application
No. 1D8v-6, Mr, 4. R. Keeling, for a change of zoning from "AB" Professional Office
District to "B-5" Primary Business District on Lots 1 and 2, Block 31, Bluff Portion.
located at the northwest corner of Artesian Street and Comanche Street.
City Manager Townsend informed the Council that both the Planning Commission
and the Planning Staff recommend denial of the "8-5" zoning but in lieu thereof
that "8-4" zoning be approved. Ne stated that in response to the notices of the
public hearing, two in favor and one in opposition had been returned.
Chief Planner Larry 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 this tract is in the area of the Nueces County Courthouse in
which 'B-4" zoning has been recommended. Mr.. Wenger explained that "8-4" zoning
contained a setback requirement and a requirement in regard to signs. and this
applicant desires to construct an office building on the property line rather
than complying with the setback requirement.
Mayor Pro Tem Sample called on the applicant to speak first since the
ndation is for denial of the requested zoning.
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Mr- J. ;. Keeling. the owheriapolicaet, stated that he has requested the
9-5 zoning prinarily because rle lot TI II that they cannot c ly with the
setback requirements that are in existence for "AB" and 11-4" zoning. He stated
furthe? that it is not economically feasible tn develop this property in "8-4" zoning
and pointed out that wilt still be requi to provide off-street parking
even r "8-5" tuning.
Mr. Vernon Smith, Hr. Keeling's architect. presented to the Council
plans for the proposed building and explained that they plan to construct the
building with a courtyard inside with the parking in the rear area. Mr. Smith
pointed out that there is msple parking across the street in the Courthouse
parking lot and there is no to have off-street parking at the front of the
property.
Council
area. and Mr. Ve
er Best asked the staff about the
nded zoning for this
r replied that the Planning C...ission has rec nded "8-4"
zoning for the area around the Courthome
Council r Zarsky expressed the opinion that the applicant could
reduce the size of the courtyard by 19 feet and still have it esthetically accep-
table. Hr. Smith stated that he did not think that this would be very attractive.
Council er t t then expressed the opinion that the Council is trying
to have proper zoning for this entire area and questioned whether or not the zoning
should be changed so quickly.
Hr. Keeling noted that the Courthouse site was selected in 1972 primarily
to improve the bligh,:ed area and encourage upgrading of the neighborhood. He
pointed out that nothing has been done to upgrade the area except in the "8-5"
zoning. He stated that the "B-4" zoning would not be acceptable to him far this
p rty. He then displayed a map that showed that this tract is C. ,letely sur-
rounded by "8-5" and "8-6zoning. 0.
Council er Turner indicated that she is a courtyard advocate, but the
p ..lem is that although this particular courtyard development would be attractive
fr- the planned building, it does nothing to improve the appearance of the neigh-
borhood.
Mr. Keeling info the Council that there are n er of similar appli-
-1r—zoliffig-160 req tiff that if the Council does not feel that they
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can approve th today that it be tabled until a decision has been made on the cases
to be heard in the future. Ne objected to the fact that all of the property in this
area would have to have parking in the front of the lots.
Speaking in favor of this at 1.:ation was Hr. Jack Kelso, who stated that he
too owns p rty in this vicinity, and he and several other property owners will
r t a change of zoning to "8-5" in the very near future. Me suggested that
all applications be conside at the s time. Hr. Kelso info d the Council
that his plans for his property cannot be acc.,.lished with the setback require-
ments that exist in '8-4zoning. He, too. pointed out that ample parking is
available across the street as well es in the Hoeces County Courthouse parking
lot.
City Manager Townsend pointed out that the County purchased that land for
e gove ”,ntal facility, and he hasized the fact that there is no way that the
County would be willing to provide parking spaces for adjacent places of business.
Mr. T. send also noted that the owners of these lots purchased th,. at the "R -IB"
zoning.
Mr. Gene Peeplesrepresenting the Planning Commission, stated that the
C ission had examined this entire area; they wanted to provide as much flexi-
bility as possible; and they rec....nded "B-4' zoning to protect the integrity of
the neighborhood. Hr. Peeples pointed out that the 1O-fOot setback is required
only if the Tots side on another street and that these small sized lots were not
desig for large buildings_ He s rued by expressing the opinion that the
Connission was rot being over -restrictive in re nding "6-4" zoning, and noted
that the only reason these applicants want "El -5" zoning is to eliminate the set-
back requi -,.nts, and the Planning ssion objects to that.
Hr. Peeples pointed out that this zoning would be satisfactory for corner
lots but not for interior lots_
City Manager Townsend informed the Council that the Planning C. Assion
is currently conducting studies of the are5. and ff the Council and the Commission
desired to encourage parking at the rear of these Tots, this could be done, but
pointed uut that he shared Hr. Peeples' concern that if "B-5" zoning is approved.
this street would be lined with stucco walls adjacent to the curb, which would be
very unattractive for the neighborhood.
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Also addressing the Cocicil in favor of this toning was Mr. Vann KennedY.
President of
right for develo
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mated that the Planning Commission believes that this is
, butof the property ewners feel that they have not
roc high enough zoning_
He pointed out that the area is surrounded by
-A-2" and "B -S" zoning alread• and noted that gover -,ntal agencies have
higher zoning.
Hr. ling again expressed the opinion that "11-5" zoning would be proper
to encourage develo. nt in this area. and if the Council approves this zoning,
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the neighbor... will be a c it to the City.
Ho one else spoke in regard to this application.
Motion by Best that the hearing be closed. seconded by Turner. and passed
unani sly by those present and voting.
Motion by Best t this application be tabled in order to allow the
Planning C fsslon to reconsider their recomnendation, seconded by Zarsky rho
•
hat only four Counci
rs were present and for this reason, he felt
that the matter should be led until there is a full Council present. The
motion passed unanimously by those present and voting.
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City Manager Townsend announced the public hearing on Application No.
1060-7. Mr. G. Rudolph Garza. Jr.. for a change of zoning f "AB" Professional
Office District and "8-1" Neighborhood Business District to "8-5" Primary Business
District on Lots S. 6, 7 and 8, Block 31, Bluff Portion, located on the south side
Lipan Street be
n Waco and Artesian Streets.
Mr. Townsend info d the Council that both the Planning
the Planning Staff rec
fission and
nd denial but in lieu thereof that "8-4" zoning be
approved. He stated that in response to the notices of the public hearing, three
in favor and none in opposition had been returned.
Council er Diaz, who was presiding in the ,,orary absence of Mayor
Pro Tem called on the applicant to speak.
Mr. R. C. Silvio appeared on behalf of the applicant and stated that they
desire "8-5" zoning because of the height regulations In "8-4" zoning.
He one else spoke in regard to this application.
Motion by Turner that the hearing be closed, seconded by Best and passed
unanimously by those present and voting.
— Motion by Best that this application also be tabltd,for a further r
dation by the Planning C...-ission, seconded by Zarsky and passed unanimously by
e present and voting.
*Mayor Pro Tel Sample retu to the ting at SAO p.m.
**Council r Turner d rted the meeting at 5:30 p.m.
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City Manager Townsend announced the public hearing on Application No.
11:1-7, Mr. Elario lielmontes, for a change of zoning f ." "R-16" One -family
Dwelling District to "B-1" Neighborhood Business District on Lot 15, Block 2,
Chula Vista Subdivision, lova On the sou t corner of Horne Drive and
Shaw Street.
Mr. Townsend stated that both the Planning isston and the Planning
Staff nd denial because with the exception of the Catholic sponsored day
school and the City -County Health Department to the north, this tract is ...letely
surrounded by single-family residential uses. He informed the Council that in
response to the notices of the public hearing, one in favor and none in opposition
had been returned. He also referred to a letter from Ms. Mary Helen Berlanga.
addressed to Mayor Jones, in which she had also included a petition signed by
citizens speaking in favor of this zoning application. ,
Councilewer Zersky pointed out that this petition has the largest num-
berof signatures of any petition he recalled rece!ving on a zoning case and asked
the staff to check to see ff those who signed the petition reside in this lemediate
neighborhood.
Mayor Pro Tem Sample called on the applicant to speak.
Ms. Mary Helen Berlanga, representing the applicants, presented to the
Council copies of the piens for a florat shop at this location and pointed out that
this is a corner Tett this of business would not be a nuisance or create noise:
there would not be a great deal of traffic or congestion; Horne Road has business
soctiog-to-thariolt—dall—the right cirthis'ireperty; and-stated—that this floral shop
would be similar to a h -operated business. Ms. Berlanga informed the Council
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that this would be similar to a home -operated busfness an that the applicants are
willing to accept a special permit.
Council r Diaz inquired as to the residence of the applicants, and H.
replied that they five ri'ht behind this particular lot.
no one else spoke in regard to this application.
Notion by Best that the hearing be closed, seconded by Zarsky and passed
unanimously.
Notion by Diaz that the zoning of "8-P be denied but in lieu thereof that
sal permit be granted subject to an appropriate site plan.
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Council er Best objected to a special permit for this area because of
the possible domino effect t would occur.
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Council r Zarsky .ressed the opinion that this application should
be denied because he felt that the people who had signed the petition in favor of
this application did not realize the possible repercussions to their property if
this zoning is granted.
Council --erDiazmotion died for lack of a second.
Notion by Zarsky that Application No. 1180-7 be denied, seconded by Best,
and passed by the following vote: Sample. Best and Zarsky voting "Aye"; Diaz voting
ifay-; Jones, g y and Turner. absent.
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There being no further business to c before the Council during this
Special Council ting, on don by Diaz, seconded by Best and passed unanimously,
the meeting was adjourned at 5:45 p.m., De er 17, MD.