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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. Pa -"orAffitkt, kdatietrinnt (=oil Meeting 37, 19E0 '''V'gttlfiligfhittfAigi;'ffttnASM 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 Minutes r Fase 3 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. Pa C 1 r4 r 1,I Also addressing the Cocicil in favor of this toning was Mr. Vann KennedY. President of right for develo - _ 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, t 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. * * * * * * * * * * * * * * * * * * * * * * * * * * * * k * * * * 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. . • * * * * * . . • * s * * * * k * * * • * 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 Minot Sort' 1 Netting Dec 17. nO Pa:z 6 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. a Council er Best objected to a special permit for this area because of the possible domino effect t would occur. - - 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. * h* * * * *** * * *t* * * * * * *de* * 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.