HomeMy WebLinkAboutMinutes City Council - 02/25/1981 - SpecialMINUTES
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City of,Corpus Christi, Texas
SPECIAL COUNCIL MEETING
February 25, 1981
5:00 P.M.
PRESENT:
Mayor Luther. Jones t+
'Mayor Pro Tem Edward L. Sample
Council Members:
Dr. Jack Best
Leopoldo Luna
Betty N. Turner
Cliff Zarsky
ABSENT:
Council Member Jack K. Dumphy
City Manager Marvin Townsend .
Asst. City Attorney Bob Coffin
City Secretary Bill G. Read
Mayor Luther Jones 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 and one text amendment.
City Secretary Bill G. Read verified that the necessary quorum of the
Council and the required Charter Officers were present to conduct a legally con-
stituted meeting.
Motion by Best that Council Member Jack K. Dumphy be excused for Just
cause, seconded by Sample and passed unanimously.
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City Manager Townsend announced the public hearing on Application No.
181-10, Mr. Lowell Mosley dba Lowell Mosley Insurance, for a change of zoning from
"AB" Professional Office District to "B-1" Neighborhood Business District on Lot
12, Block 1, Koolside Addition, located on the west side of Airline Road, approx-
imately 362' south of Kimbrough Drive.
Mr. Townsend pointed out to the Council that both the Planning Commission
and the Planning_Staff recommend denial and that in response to the notices of the
public hearing, one in favor and none 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 ofthe area, and
noted that the request was made in order to obtain the proper zoning to allow for
the erection of a free-standing sign.
Mayor Jones Invited the applicant to speak.
Mr. Don Mosly introduced his father, Mr. Frank Mosley, and agreed that the
reason they had requested the change of zoning was for, the purpose of erecting a
MICROFILMED
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Minutes
Special Council Meeting
February 25, 1981
Page 2
free-standing sign in front of their insurance office. He explained that at one
time their office was used as a polling place during an election and they were
allowed to install a free-standing sign to be retained through the month of
November to assist voters in locating the polling place. Mr. Mosley stated that
they had received favorable comments from the public on the location of the sign
and they would now like to retain the sign.
Council Member Best inquired if the applicant would be satisfied with a
special permit rather than "B-1" zoning to allow for the sign, and Mr. Mosley indi-
cated that the special permit would certainly be acceptable.
Council Member Zarsky stated that he could see the advantages for the
business to have the sign and he did not feel that it would be offensive to the
neighbors.
No one else spoke in regard to this application.
Motion by Turner that the hearing be closed, seconded by Best and passed
unanimously.
Motion by Luna that the "B-1" zoning be denied buttthat in lieu thereof, a
special permit be approved to allow for the free-standing sign; seconded by Best;
and passed unanimously.
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City Manager Townsend announced the public hearing on Application No. 181-11,
White River Corporation, for a change of zoning from "R-18" One -family Dwelling
District to "1-2" Light Industrial District on Tract 7A, J.C. Russell Farm Blocks,
located on the east side of Navigation Blvd., approximately 1,000' north of Camron
Street.
Mr. Townsend informed the Council that both the Planning Commission and the
Planning Staff recommend approval and that in response to the notices of the public
hearing, two in favor and none in opposition were returned.
Mayor Jones ascertained that no one in the audience desired to speak on this
application.
Motion by Best that the hearing be closed, seconded by Luna and passed
unanimously.
Motion by Best that the Council concur with the recommendation of the
Planning Commission and grant the zoning of "1-2"; seconded by Luna; and passed
unanimously.
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Minutes
Special Council Meeting
February 25, 1981
Page 3
City Manager Townsend announceddthe public hearing on Application No. 181-12,
Mr. Harold Haynes, for a change of zoning from "R-2" Multiple'Dwelling District to
"B-1" Neighborhood Business District on Tracts C and D out of Tract No. 7, Western
Hil1,s,Unit 1, located on the south side of Leopard'Street on both sides of Western
Drive.
Mr. Townsend informed the Council that both the Planning Commission and the
Planning Staff recommend denial and that in response to the notices of the public
hearing, 42 in opposition and 9 in favor had been returned, which indicates suffi-
cient opposition to invoke the 20% rule. He requested that Chief Planner Wenger
summarize the case.
Chief Planner Wenger located the area on the land use map, described the
land useein the surrounding area, showed slides of the.area and stated that the
owner has requested the change of zoning in order*to provide general office and
specialty shop'space. .
Council Member Zarsky referred to the letters of opposition In which the
residents contended that this zoning would create additional traffic problems in
the area and inquired if traffic would be backed up as most residents contend.
Mr. Wenger replied that traffic would back up because Western Drive provides
access to Leopard Street from several subdivisions in the area.
Council Member Zarsky noted that the tract on which the request was made is
located on both sides of Western Drive and inquired if/ it would be more feasible to
have business zoning on one side and not on the other to alleviate the traffic prob-
lem on Leopard Street.
Chief Planner Wenger explained that there are access problems to the tract
and other subdivisions as well.
City Manager Townsend pointed out that this is property that was designed
for "R -1B" zoning, but the plat was approved by the Planning Commission with those
lots designed in that divided fashion.
Mayor Jones invited the applicant to address the Council.
Mr. Harold Haynes, owner of the property, pointed out to the Council that
there are four surrounding subdivisions and some of them are in favor of the busi-
ness zoning. He noted that this area is a rapidly developing area; Leopard Street
is a prime location for office space or specialty shops; and there are no available
lease spaces to that area. He stated that although the staff contends that there
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Special Council Meeting
February 25, 1981
Page 4
is plenty of land zoned for business, very few of the tracts are available for use
because most of such land is owned by people who do not plan to develop their
property. Mr. Haynes expressed the opinion that people in this area are just
automatically opposed to any development of this type, and they are concerned that
this land might be sold and the new owners would be allowed to install businesses
that sell alcoholic beverages. He assured the Council that the developer does not,plan
to develop this land as anything other than stated and does not plan to sell it.
Mr. Haynes referred to other concerns of the neighbors as to the appearance of the
project and he assured the Council that the project would be attractive, properly
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lighted and properly maintained.
Mr. Haynes then addressed the concern pertaining to the traffic problem
and stated that he feels that traffic could be a problem unless it is handled
properly and that they plan to construct a service drive with the major exits
and entrances off Leopard Street. He again stated that these are perfect sites
for businesses and such businesses would be an asset to the community. Mr. Haynes
also commented that possibly the school district does not want any zoning changes
that would increase the number of children in their district.
D
Council Member Best asked Mr. Haynes If he could present to the Council a
site plan of their planned development in the event they decided to approve a
special permit.
Mr. Haynes assured him that they could do that, even though it would be
expensive.
Council Member Best then suggested that he present a site plan at some
future time so that the Council could consider granting a special permit for the
requested use. Dr. Best explained that if the Council did approve the "B-1" zoning
request, it would be possible for the owner to sell the property to someone else
who would not be concerned about the types of business that could be built there.
Mayor Jones inquired of Mr. Haynes if he had constructed the houses in
that area.
City Manager Townsend explained that Mr. Ira Hailey had built the subdivi-
sion. Mr. Townsend then asked Mr. Haynes to explain the nature of his assurances
,to the property owners that there would not be any alcoholic beverages sold in the
shops.
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Special Council Meeting
February 25, 1981
Page 5
Mr. Haynes assured the Council that he planned to include deed restrictions
running with the land to the effect that there would be no sales of alcoholic bever-
ages.
Mayor Jones called for comments from the audience on this application.
Mr. Eugene Hall, 11830 Mesa, addressed the Council on behalf of everyone
present in the audience in opposition to the request. He stated that their major
concern is the increased traffic, but they are also concerned about the types of
businesses that could be installed in "B-1" zoning.
Council Member Best mentioned the opposition by the School District to
multi -family dwellings and asked if the group Mr. Hall represents would object to
a special permit subject to the approval of a site plan.
Mr. Hall replied that he felt that the group would oppose this also, par-
ticularly because of the traffic that would be generated. He indicated, however,
that they would not object to townhouses on the property.
Mayor Jones inquired if a traffic count at this location was available.'
Mr. Hall pointed out that the U -Totem convenience store that was;established
in the area created many traffic problems.
Council Member Best inquired about the number of people who could live on
this tract under the existing zoning, and Chief Planner Wenger replied that 65
units could be constructed.
Council Member Turner asked about the consequences if this portion of
Western Drive was closed, and City Manager Townsend explained that it could not
be closed because it provides access and egress for several subdivisions. •
Also speaking in opposition to this application was Ms. Sharon McGregor,
11837 Mesa Street. She pointed out to the Council that Mr. Haynes purchased this
property with the knowledge that it was zoned "R-2".
Council Member Best expressed the opinion that the property should be
developed and inquired as to whether the residents would prefer multi -family
dwellings if 65 units are allowed or the requested zoning for office space and
specialty shops.
City Manager Townsend emphasized the fact that "B-1" zoning would allow
for the construction of 161 units; therefore, "R-2" zoning would create fewer
traffic problems than any other zoning other than "R -1B" zoning.
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Special Council Meeting
February 25, 1981
Page 6
Mr. Townsend also informed the Council that the School District opposed the requested
zoning because of the traffic congestion around the school, not because of the pos-
sibility of increased enrollment in the school.
Mrs. Urban Anslinger, 11850 Leopard, stated that she resides directly across
the street from the subject property and expressed opposition to the requested zoning.
She agreed that townhouses would be the best type of use for the neighborhood.
Mr. Walter Johnson, 11838 Mesa, expressed opposition to the request because
of the traffic problems that would be created. He stated that he would prefer that
this property be zoned "R -1B" and inquired if a special permit would protect them
from objectionable uses.
Council Member Best assured Mr. Johnson that the special permit would be
limited to a particular site plan that shows all of the uses and the location of
the various facilities.
No one else spoke in regard to this zoning application.
Motion by Turner that the hearing be closed, seconded by Sample and passed
unanimously.
Mayor Jones commented that he was of the opinion that a nice shopping
center would improve that area.
Motion by Turner that the requested zoning of "B-1" be denied.
Council Member Turner's motion died for lack of a second.
Motion by Zarsky that Application No. 181-12 be tabled until March 25,
1981 to allow time for the applicant to present a site plan showing his plans for
the area with the possibility that a special permit be approved; seconded by
Luna; and passed unanimously.
Council Member Turner suggested that a neighborhood meeting be called so
that the residents of the area could be apprised of Mr. Haynes' plans.
Mr. Haynes informed the Council that the preparation of a site plan would
require at least two months.
Mayor Jones expressed the opinion that it would be a good idea to conduct
a meeting with the people in the neighborhood.
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Minutes
Special Council Meeting
February 25, 1981
Page 7
City Manager Townsend announced the consideration of the following:
Text Amendment to Zoning Ordinance - Re: Filling Stations:
Amend the Zoning Ordinance No. 6106, Article 13, B-1 Neighborhood Business
District, Section 13-2, Use Regulations, by deleting in its entirety
paragraph (5) and in lieu of that paragraph insert "(5) Filling stations
for automobile services and fuel but excluding liquified petroleum gases."
Amend the Zoning Ordinance No. 6106, Article 15, B-3 Business 0:strict
Regulations, Section 15-2, Use Regulations, by adding a new paragraph to
read "(20) Filling Stations."
Amend the Zoning Ordinance No. 6106, Article 16, B-4 General Business
District Regulations, Section 16-2, Use Regulations, by adding a new
paragraph to read "(20) Filling Stations."
Mr. Townsend informed the Council that both the Planning Commission and
the Planning Staff recommend approval.
Chief Planner Wenger explained that the purpose of these text amendments
is to clarify in what zoning districts LP gas can be sold at retail; these amend-
ments would not allow a service station to dispense liquified petroleum gas in the
"8-1" District, which is usually in close proximity to a residential neighborhood',
but would allow such facilities to be located starting in the "B-3" and "B-4" zoning
districts, provided such facilities meet the Standard Fire Prevention codes and the
actual industry requirements of the Railroad Commission Gas Docket I. Mr. Wenger
informed the Council that his staff had contacted 12 other Texas titles, eight of
which allow the sale of LP gas at service stations. He stated further that the
Southern Standard Fire Prevention Code has been amended to include restrictive,
local regulations which limits the size of LP containers located outside the.
heavy industrial district to 150 gallons and containers in excess of 150 gallon
capacity are required 'to be in the "1-3" district subject to the approval of the
Board of Adjustment. Mr. Wenger explained that the amendment under consideration
is to eliminate that provision that sets this limit, which requires amending the
zoning ordinance in three places. He also pointed out that anything over 2,000
gallon tank would still require the "1-3" zoning district.
Mayor Jones indicated that he has no objection to this amendment to the
zoning ordinance.
Mayor Jones ascertained that no one in the audience desired to speak on
these amendments.
Minutes
Special Council Meeting
February 25, 1981
Page 8
Motion by Best that the hearing be closed, seconded by Zarsky and passed
unanimously.
Motion by Turner that the recommended Text Amendments to the Zoning Ordinance
be approved, seconded by Zarsky and passed unanimously.
*************,. **:.** ***:t*** *is***.,*
City Manager Townsend presented for the Council's consideration the ordinances
effecting the zoning changes previously approved; City Secretary Read polled the
Council for their votes; and the following ordinances were approved:
ORDINANCE NO. 16080:
AMENDING THE ZONING ORDINANCE OF THE CITY OF CORPUS 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 NO. 6106, AS AMENDED, UPON APPLICATION OF WHITE RIVER CORPORATION BY AMEND-
ING THE ZONING MAP BY CHANGING THE ZONING ON TRACT 7A, J. C. RUSSELL FARM BLOCKS,
SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "R -1B" ONE FAMILY
DWELLING DISTRICT TO "1-2" LIGHT INDUSTRIAL DISTRICT; KEEPING IN EFFECT ALL OTHER
PROVISIONS OF THE EXISTING ORDINANCE AS AMENDED; REPEALING ALL ORDINANCES IN CON-
FLICT HEREWITH; AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the foregoing ordinance was passed by the fol-
lowing vote: Jones, Sample, Best, Luna, Turner and Zarsky voting "Aye"; Dumphy,
absent.
ORDINANCE NO. 16081:
AMENDING THE ZONING ORDINANCE OF THE CITY OF CORPUS 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 NO. 6106, AS AMENDED, BY AMENDING ARTICLE 13. "B-1"
NEIGHBORHOOD BUSINESS DISTRICT REGULATIONS, SECTION 13-2 USE REGULATIONS, BY
DELETING IN ITS ENTIRETY PARAGRAPH (5) AND INSERTING PROVISIONS FOR FILLING
STATIONS FOR AUTOMOBILE SERVICES AND FUEL BUT EXCLUDING LIQUIFIED PETROLEUM GASES;
AMENDING ARTICLE 15. "8-3" BUSINESS DISTRICT REGULATIONS, SECTION 15-2 USE REGULA-
TIONS, BY ADDING A NEW PARAGRAPH TO BE NUMBERED (20) PROVIDING FOR FILLING STATIONS;
AND AMENDING ARTICLE 16. "B-4" GENERAL BUSINESS DISTRICT REGULATIONS, SECTION 16-2
USE REGULATIONS, BY ADDING A NEW PARAGRAPH, TO BE NUMBERED (20) AND PROVIDING FOR
FILLING STATIONS; KEEPING IN EFFECT ALL OTHER PROVISIONS OF THE EXISTING ORDINANCE
AS AMENDED; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND DECLARING AN
EMERGENCY.
The Charter Rule was suspended and the foregoing ordinance was passed by the fol-
lowing vote: Jones, Sample, Best, Luna, Turner and Zarsky voting "Aye"; Dumphy,
absent.
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There being no further business to come before the Council, on motion by
Best, seconded by Turner and passed unanimously, the Special Council Meeting was
adjourned at 6:22 p.m., February 25, 1981.