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
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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**********
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.