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HomeMy WebLinkAboutMinutes City Council - 05/20/1981 - SpecialMINUTES CITY OF CORPUS CHRISTI, TEXAS SPECIAL COUNCIL MEETING MAY 20, 1981 3:32 P.M. PRESENT: Mayor Pro Tem Betty N. Turner Council Members: Bob Gulley Herbert L. Hawkins Dr. Charles W. Kennedy Cliff Zarsky ABSENT: Mayor Luther Jones Council Member jack K. Dunphy Ute' City Manager Marvin Townsend City Attorney Bruce Aycock Acting City Secretary Dorothy Zahn Mayor Pro Tem Turner 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 six zoning cases. Acting City Secretary Dorothy Zahn verified that the necessary quorum of the Council and the required Charter Officers were present to conduct a legally constituted meeting. City Manager Marvin Townsend announced the public hearing on Application No. 481-1, Southwestern Bell Telephone Company, for a change of zoning from "R -1B" One -Family Dwelling District to "B-4" General Business District on Lot 12, Block 11, Highway Village, Section 2, located on the northeast corner of McKinzie Road and Mobile Drive. 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, one in opposition has been returned. Mayor Pro Tem Turner noted that Ms. Julia Land, representative of Southwestern Bell Telephone Co. in San Antonio, was present. No one wished to speak in regard to this application. Motion by Zarsky that the hearing be closed, seconded by Hawkins and passed unanimously. MICROFILMED SEP 191984 ates Special Council Meeting May 20, 1981 Page 2 Motion by Zarsky that the Council concur with the recommendation of the Planning Commission to approve the zoning of "B-4" for Application No. 481-1; seconded by Hawkins; and passed by the following vote: Turner, Gulley, Hawkins, Kennedy and Zarsky voting, "Aye"; Jones and Dumphy, "absent". ********** City Manager Townsend announced the public hearing on Application No. 481-2, Padre Space Corporation, for a change of zoning from "R -1B" One -Family Dwelling District to "B-4" General Business District on Lot 8, Block 5, Woodlawn Estates, located on the west side of Clare Drive, approximately 375' south of South Padre Island Drive. City Manager Townsend stated 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 one in opposition had been returned. He then asked Mr. Larry Wenger, Chief Planner, to summarize the case. Chief Planner 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 explained that the Staff felt this would be an encroachment into the residential area and would have a detrimental effect on the area; there is undeveloped space available for further expansion of the mini storage facility within the special permit area, and the granting of this request will push the zoning district boundary line farther to the south, into the residential area. Mayor Pro Tem Turner invited the applicant to speak at this time. Mr. George B. Gaines, one of the owners of Padre Space Corporation, addressed the Council and explained that the subject property is occupied with an older house which is vacant and in poor condition. Mr. Gaines stated that it would not be feasible to rebuild in this this area of older homes; and they desire to move the house and obtain a special use permit to extend their mini storage operation. Mayor Pro Tem Turner inquired of Mr. Gaines if he had attempted to purchase the Habeeb property and Mr. Gaines replied that he had talked to Mr. Habeeb about purchasing the property from him but that he had no plans to sell at this time. Mr. Gaines then presented the Council with a layout of the property in question. nes special Council Meeting May 20, 1981 Page 3 Motion by Gulley that the hearing be closed, seconded by Zarsky and passed unanimously. Council Member Gulley stated that in view of the fact that no immediate neighbors objected to this request, he would like to move that a special' use permit for the mini storage facility be granted on Application No. 481-2 subject to approval of a site plan; seconded by Zarsky; and passed by the following vote: Turner, Gulley, Hawkins, Kennedy, and Zarsky voting, "Aye"; Jones and Dumphy, "absent". ********* City Manager Townsend announced the public hearing on Application No. 481-3, Mr. Jose C. Baca, for a change of zoning from "B-1" Neighborhood Business District to "B-4" General Business District on Lot 1, Block A, Chula Vista Addition Unit 2, located on the southeast corner of Horne Road and Greenwood Drive. City Manager Townsend stated that both the Planning Commission and the Planning Staff recommend denial and that in response to the notices of the public hearing, none had been returned. Chief Planner 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 the applicant plans to establish the operation of a transmission repair shop on the property presently occupied with an abandoned service station. Mayor Pro TemTurner noted that neither the applicant nor a representative was present to speak in favor of the application. Motion by Gulley that the hearing be closed, seconded by Zarsky and passed unanimously. Motion by Gulley that the Council concur with the recommendation of the Planning Commission to deny Application No. 481-3 for "B-4" zoning. Council Member Zarsky stated he would second the motion since the applicant did not attend the meeting to speak in regard to his request and it passed unanimously by those present and voting. utes Special Council Meeting May 20, 1981 Page 4 ********* City Manager Townsend announced the public hearing on Application No. 481-4, Mr. Richard Kemp, for a change of zoning from "B-1" Neighborhood Business District to "B-4" General Business District on Lot 1, Block 9, Windsor Park Unit 1, located on the southeast corner of Sharon Drive and South Alameda Street. Mr. Townsend informed the Council that both the Planning Commission and the Staff are recommending denial and that in response to the notices of the public hearing, one in favor and seven notices and a petition containing 38 signatures in opposition had been returned. City Manager Townsend pointed out that due to the large response in opposition, the 20%rule is in effect and six affirmative votes would be required to approve the ordinance. He then asked Mr. Wenger, Chief Planner, to summarize the case. Chief Planner Wenger briefly summarized the case and pointed out the location on the zoning and land use map. He stated that the purpose of the application was for expansion of the dry cleaning facility due to increase in business; the subject property is surrounded on three sides by residential use; the "B-1" zoning serves as a transition between the "B-4" zoning to the north and the "R -1B" zoning to the south and that it was the Staff's opinion that "B-4" zoning should not be approved because of the more intense uses that it allows. Mayor Pro Tem Turner ascertained that the applicant was not present to speak in regard to the application at this time. Mayor Pro Tem Turner then called for anyone in the audience who desired to address the Council in opposition to the request. Mrs. Josephine Dobson, 4438 Wesley Drive, stated that the subject property is very close to her home and that Sharon Street is the only through street that they have between Alameda and Wesley Drive and it is already congested. She presented the Council with a petition containing 38 signatures urging the Council not to approve this request. Mrs. Margaret McGaffee, 4402 Wesley, expressed her concern, stating that the Windsor Park School children have to walk behind some steam boilers and she feels this is very dangerous and wondered about the legality of this situation. .tes Special Council Meeting May 20, 1981 Page 5 City Manager Townsend assured Mrs. McGafee that the Staff will look into the matter to see if an illegal situation exists. Mr. Lewis McGafee, 4402 Wesley, addressed the Council and stated that it is his understanding that the owner can refile another application for zoning at any time and suggested that an amendment to the ordinance be considered to increase the fees and/or set a limit on the number of times an application can be filed for change of zoning on the same property. City Manager Townsend explained that many times a business is operating illegally according to the zoning; the City Staff calls it to the owner's attention and and they then file an application for change of zoning; and he felt that this could only be done twice. Mr. McGaffee again suggested that a limit be set on the number of times an application can be filed. Council Member Bob Gulley suggested that a six-month limit be set on the time the same application could be submitted. Assistant City Attorney Bob Coffin expressed the opinion that this would be legal if the Council desired. Motion by Gulley that the Council instruct the Staff to bring forth a proposed ordinance to establish a six -months waiting period before an applicant can resubmit an application for a change of zoning on the same piece of property. Mayor Pro Tem Turner suggested that it be clarified as to whether this should be for any request or for the same request. City Manager Townsend replied that in order for this to be meaningful, it would have to be on any request for the same property and the six-month period would commence at the time of the Council's decision on the request. The motion was seconded by Kennedy and passed unanimously. Mr. Lewis McGaffee spoke again and inquired if the amendment was to include the increased fees as he felt that the $200 is not high enough. The Council indicated that they felt that the $200 fee should remain, since it represents a recent increase. rtes .,pecial Council Meeting May 20, 1981 Page 6 Also speaking in opposition was Mr. James Dobson, 4438 Wesley Drive, who stated that he felt this, would be an encroachment into a residential area and a safety hazard with the school being next to the cleaning establishment. The applicant, Mr. Richard Kemp, arrived at this time. Noting that there was no one else in the audience wishing to speak in opposition, Mayr Pro Tem Turner called on Mr. Kemp to speak. Mr. Kemp explained that their business at this location is expanding and they are in need of more space for an office, storage and garment inspection. Mr. Kemp further explained that he plans to build at the rear of the property; it is fenced; there is a 36' setback from his fence and the building; and alleged that he is being harrassed since he recently had the fire marshal' at his place of business and later a City inspector. Mayor Pro Tem Turner thanked Mr. Kemp for his presentation and stated that the Council is only concerned about what the proper zoning for the area should be. Mr. Kemp stated that he could replat his property and build a 2,500 square foot building. City Manager Townsend inquired of Mr, Kemp if he planned to expand the dry cleaning business or just the office and Mr. Kemp replied that it would just be for office space and facility for storage of customer's goods. City Manager Townsend then explained that he could expand the office but he could not expand for more than 2,500 square feet as part of the dry cleaning operation. Council Member Gulley inquired if a special permit could be given to expand the business. City Manager Townsend replied that a special use permit could be issued. Mr. Dobson spoke again stating that this would be an encroachment on the homes in the vicinity and objected to having the proposed property that near the residential dwellings. Council Member Zarsky explained to Mr. Dobson that Mr. Kemp could, without getting any zoning changed, get another building built which would be much closer to this home by replatting. tes Special Council Meeting May 20, 1981 Page 7 Mr. Dobson then asked why the applicant had bothered to even come before the Council if he could do what he wants without the Council's permission, and Mr. Zarsky responded by saying that the applicant was present because he had applied for a change of zoning and because of the requirements of the platting and zoning ordinance and expressed the opinion that it would be to the advantage of those concerned to allow the applicant a special use permit. Council Member Gulley then explained the implications of a special permit. Mrs. Josephine Dobson spoke again expressing the opinion that if this is allowed, she is strictly opposed to it. Mr. Dobson asked about the limit on square footage for "B-1" use and City Manager Townsend replied that it is 2,500 square feet per use. Mayor Pro Tem Turner inquired of Mr. Kemp if the Planning Commission had considered a special permit, and Mr. Kemp replied that it was mentioned. City Manager Townsend reminded the Council that this application would require six affirmative votes to approve any kind of action. Motion by Zarsky that the hearing be closed, seconded by Gulley and passed unanimously. Motion by Zarsky that Application No. 481-4 be tabled until all members of the Council are present, as he feels the applicant is entitled to have a full Council to hear this case before a vote is taken. Mayor Pro Tem Turner indicated she would have to vote against the application as she feels that traffic would be increased. Mrs. Turner then stated that a motion has been made to table the application until a full Council is present. Council Member Kennedy seconded the motion which passed unanimously. Mayor Pro Tem Turner suggested that the people present be notified as to when this application would be heard again by the City Council and City Manager Townsend asked those present and wishing to be notified to sign a list which would be passed around and they would be properly notified when this application is to be be considered again. Mayor Pro Tem Turner suggested that the principal of Windsor Park School, who had voiced opposition to the request through a notice of public hearing be notified and Mrs. Josephine Dobson volunteered to do so. rtes opecial Council Meeting May 20, 1981 Page 8 City Manager Townsend informed Mr. Kemp that he would certainly have the right to ask the School Superintendent if the principal of Windsor Park School who expressed objection has the authority to speak for the school district. ********* City Manager Townsend announced the public hearing on Application No. 481-5, Ms. Eva C. Medina for a change of zoning from "R -1B" One -Family Dwelling District to "B-1" Neighborhood Business District on Lots 52 and 53, Block 4, High Terrace Addition, located on the east side of Greenwood Drive, approximately 537' south of Sonora Street. Mr. Townsend informed the Council that both the Planning Commission and the Planning Staff recommend denial and that in response to the notices of public hearing, four in favor and two in opposition had been received. Chief Planner Wenger briefly summarized the case and pointed out the Location on the zoning and land use map. He stated that the subject property is presently occupied with two small dwellings; the applicant desires to establish a religious book store; and that the Staff is in opposition to this request on the basis that the subject properties are completely surrounded by one -family residences and the proposed use would be inconsistent with the surrounding area. Mayor Pro Tem Turner called on the applicant to speak. Ms. Maria Medina, 4441 Stafford, daughter-in-law representing the applicant, addressed the Council stating that only one of the two houses is occupied and the other will be used for the business. Ms. Medina noted that there are other businesses on the other end of the street and stated that the business would not create a traffic congestion as this business will be for direct sales to churches and very few walk-in customers. Council Member Turner expressed the opinion that her personal concern is that it is already a heavy residential neighborhood and she feels a change of zoning would not be proper. Council Member Hawkins noted that there is a bad traffic situation in that area already. ites eciai Council Meeting May 20, 1981 Page 9 Council Member Zarsky commented that Greenwood Drive is already a commercial street even though this is basically a residential area. Mayor Pro Tem Turner called for any comments from the audience in regard to this application. There was no response. Motion by Kennedy that the hearing be closed, seconded by Zarsky and passed unanimously. Motion by Kennedy that Application No. 481-5 be denied as recommended by the Planning Commission; seconded by Hawkins; and passed unanimously by those present and voting. ********** City Manager Townsend announced the public hearing on Application No. 481-6, Mr. Lloyd Innerarity, for a change of zoning from "A-2" Apartment House District to "B-5" Primary Business District on the west 1 of Lots H and M, Block 6, South End Addition, located on the east side of South Alameda Street, approximately 62' north of Coleman Street. City Manager Townsend pointed out that both the Planning Commission and the Planning Staff are recommending that it be denied but in lieu thereof, "B-4" be approved in order to assure that the setback requirements will be met. He informed the Council that in response to the notices of the public hearing, two in favor and none in opposition had been returned. Mayor Pro Tem Turner ascertained that no one in the audience wished to speak in opposition to the request. Mayor Pro Tem Turner than called on the applicant to speak. Mr. Vance Vanoy, 3747 South Alameda, appeared in favor, stating that he has lived in the neighborhood for many years and that he felt that the proposed plans would enhance the neighborhood and be an asset to the community. Motion by Zarsky that the hearing be closed, seconded by Hawkins and passed unanimously. Motion by Zarsky that Application No. 481-6 for a change of zoning from "A-2" to "B-5" be denied but in lieu thereof that "B-4" be granted; seconded by Hawkins and passed unanimously by those present and voting. ates -pedal Council Meeting May 20, 1981 Page 10 ********** City Manager Townsend presented the Council's consideration the ordinances effecting the zoning changes previously approved; Acting City Secretary Zahn polled the Council for their votes; and the following ordinances were approved: ORDINANCE NO. 16251: AMENDING THE ZONING ORDINANCE OF THE CITY OF CORPUS CHRISTI ADOPTED ON THE 27TH DAY OF AGUSUT, 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 SOUTHWESTERN BELL TELEPHONE COMPANY BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON LOT 12 BLOCK 11, HIGHWAY VILLAGE, SECTION 2, SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "R -1B ONE -FAMILY DWELLING DISTRIC'Ir TO "B-4" GENERAL BUSINESS DISTRICT; 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 passed by the following vote: Turner, Gulley, Hawkins, Kennedy, and Zarsky voting, "Aye"; Jones and Dumphy, "Absent". ORDINANCE NO. 16252: 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 BY ORDINANCE NO. 6106, AS AMENDED, UPON APPLICATION OF LLOYD INNERARITY BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON WEST 1/2 OF LOTS H AND M, BLOCK 6, SOUTH END ADDITION SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "A-2" APARTMENT HOUSE DISTRICT TO "B -4" GENERAL BUSINESS DISTRICT; 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 passed by the following vote: Turner, Gulley, Hawkins, Kennedy and Zarsky voting, "Aye"; Jones and Dumphy, "absent". ********* There being no furhter business to come before the Council, on motion by Kennedy, seconded by Hawkins, and passed unanimously, the Special Council Meeting was adjourned at 5:10 p.m., May 20, 1981.