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HomeMy WebLinkAboutMinutes City Council - 07/01/1981 - SpecialMINUTES CITY OF CORPUS CHRISTI, TEXAS SPECIAL COUNCIL MEETING JULY 1, 1981 3:37 P.M. PRESENT Mayor Luther Jones Council Members: Bob Gulley Herbert Hawkins, Jr. Dr. Charles Kennedy Cliff Zarsky ABSENT Mayor Pro Tem Betty N. Turner Council Member Jack K. Dumphy City Manager Marvin Townsend City Attorney J. Bruce Aycock 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 four zoning applications. City Secretary Bill G. Read verified that the necessary quorum of the Council and Charter Officers was present to conduct a legally constituted meeting City Manager Marvin Townsend announced the public hearing on Application No. 581-11, Corpus Christi Baptist Association, for a change of zoning from "R -1B" One -family Dwelling District to "AB" Professional Office District on Lot 2, Block 3, Glendale Subdivision, located on the north side of Baldwin Boulevard approxi- mately 68' east of Glendale Drive. City Manager Townsend informed the Council that the Planning Commission recommends denial of "AB" and in lieu thereof that a special permit be granted for a Baptist Student Union Center in accordance with the site plan submitted, and the Planning Staff recommends denial on the basis that it would be a case of spot zoning, plus the fact that the building would be turned around to face Baldwin Boulevard which is contrary to other structures within this subdivision. He stated that in response to the notices of the public hearing, one in favor and none in oppo- sition had been returned. Mr. Townsend also pointed out that the site plan for the special permit indicates access off Baldwin Boulevard. 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 noted that the tract under discussion has a house located on it which the applicant plans 41221Liv.D. SSp191984 Minutes Special Council Meeting July 1, 1981 Page 2 to remodel for a Baptist Student Center with the entrance off Baldwin Boulevard rather than Glendale Drive, whereas, the other houses in the block face onto Glendale Drive. City Manager Townsend pointed out that this is a nice, residential area, and although a special permit for use as a Baptist Student Center would retain the character of the neighborhood, approval of this request might start a number of zoning requests for "AB" zoning which would be detrimental to the neighborhood. I Mayor Jones invited the applicant to address the Council. Mr. Allan Mote, 515 Naples Street, President of the Corpus Christi Baptist Association, explained that they were concerned about the fact that Bible classes are not offered at Del Mar College in this vicinity; they wanted to establish such a center as near the campus as possible; and they now have an opportunity to pur- chase this property to establish a Center in which Bible classes can be taught in a vicinity that would be convenient for the students. Mayor Jones inquired if the Baptist Association had expended any funds yet for this property, and a gentleman in the audience replied that they had just made a deposit and paid the fee for the zoning application at this time. Council Member Kennedy agreed that there is a need for such a Center but questioned the location of this house for this purpose. He stated that he felt that he would have to vote against it because of its location even though he was in favor of the Association's program. Council Member Gulley inquired if the Association plans to have a parking lot, or if most of the students would walk to the facility, and Mr. Mote replied that the back yard of the lot will be paved for this purpose. He reiterated that the residential character of the existing structure will be retained. Mr. Stan Harlan, Director of the Bible program for the Baptist Association, pointed out that the property to the north of Del Mar is owned by one individual; they have not been able to purchase any property from him; and this is the only lot available for purchase. He urged that the Council consider granting the special permit for the Student Center. Dr. W. H. Colson assured the Council that the plans for the Student Center will not involve any more activity than if the property is used for residential purposes. Minutes Special Council Meeting July 1, 1981 Page 3 Dr. Colson also assured the Council that they plan to retain the residential character of the neighborhood and that the Church is providing funds for this purpose. He urged approval of the special permit since no one in the neighborhood objects to this use. He explained that the Del Mar students need to have a facility for Bible classes near the Campus in order that they may conveniently attend such classes. He stated that if the facility proves to be a hazard for students crossing Baldwin to reach it, they will be glad to relocate their facility. Dr. Colson stated that they will make the building very attractive and they will work with the neighbors and, indicated that there willbe very little activity at night. City Manager Townsend pointed out that they have very little parking; park- ing is not allowed on Baldwin Boulevard; and essentially this Center will use the Del Mar parking lot. Council Member Zarsky inquired if they would be allowed to park on Glendale Street, and City Manager Townsend replied that the Traffic Safety Advisory Board has already recommended that parking limitation signs be installed on Glendale during the early morning hours to discourage parking there by any Del Mar College students. Mr. Harlan spoke again and stated that some of the neighbors were concerned about the possibility of parking on Glendale, and he, personally, presented a petition to restrict student parking on Glendale Street. Mr. Johnny Thomasson, 5433 Ocean Drive, spoke in favor of this application and stated that he is interested in this effort for the students. He reminded the Council that there were no letters returned expressing opposition to this request and stated that in his opinion the remodeling will actually improve the neighborhood. Mr. Thomasson noted that it is extremely difficult to find a site in this area. He stated that he is a Baptist and is acting as the real estate agent on this acqui- sition of property. Mrs. Gillette Irby also spoke in favor of the application and explained that she has worked with this organization for fifteen years. She informed the Council that students met in her home at one time and there were never any complaints from her neighbors. She urged approval of the special permit. Mrs. Louise Voghtner, 5625 Bonner Drive, speaking as a parent of a student, stated that when her family moved to Corpus Christi, she was very pleased to find Minutes Special Council Meeting July 1, 1981 Page 4 that there was a Baptist Student Center in the City and expressed the opinion that this facility would be an asset to the community and to Del Mar College. No one else spoke in regard to this zoning application. Motion by Zarsky that the hearing be closed, seconded by Gulley and passed unanimously. Motion by Zarsky that the requested zoning of "AB" be denied but in lieu thereof that a special permit be approved for the operation of a Baptist Student Center. Council Member Zarsky's motion died for lack of a second. City Secretary Read pointed out that this only requires four votes to approve the Special Permit. Motion by Zarsky that the zoning application be tabled until the entire Council is present, seconded by Hawkins and passed unanimously. City Secretary Read informed the Council that if they intend to hear testi- mony when the entire Council is present, the public hearing should not be closed. Council Member Zarsky then withdrew his motion to close the hearing and moved that the hearing be recessed and action be delayed for one week; seconded by Hawkins. Council Member Gulley expressed his opposition, stating that he saw no reason why the Council should be required to hear the same case more than once. The motion passed by the following vote: Jones, Hawkins, Kennedy, and Zarsky voting "Aye"; Gulley voting "Nay." City Manager Townsend announced the public hearing on Application No. 681-1, Mr. 0. Dean Couch, Jr., for a change of zoning from "B-4" General Business District to "PUD" Planned Unit Development, being 21.818 acres out of Lot 2, W. E. Pope Estates, located on the west side of W. Causeway Boulevard and to the south of Nueces Bay. Mr. Townsend stated that the Planning Commission recommends approval subject to four changes as recommended by the staff, and the Planning Staff recom- mends approval subject to a 20' area between the back of the sidewalk to the front of the garage, reduction of seven lots at the end of the cul-de-sacs to four lots, the inclusion of a common wall agreement, and the provision of a 10' wide maintenance strip next to the zero lot line in the covenants and restrictions. Minutes Special Council Meeting July 1, 1981 Page 5 City Manager Townsend informed the Council that the applicant is agreeable to the changes. Chief Planner Wenger summarized the case by explaining that the PUD zoning allows for deviations from the City's ordinance on platting and zoning; there are restrictive covenants included; and stated that this is the first PUD development in the City. He explained that the lots are basically smaller than the usual required size; there will be variations from the usual street and sidewalk require- s ments; all of the covenants and restrictions have been properly filed to make the potential property owners aware of the type of activity across the Rincon Channel. He stated that the restrictive covenants have been prepared with the cooperation of the Navigation District. Mayor Jones called on the applicant to speak. Mr. Nollie Agee, Couch Mortgage Company, Houston, stated that he represented the applicant but that he did not plan to make a presentation since there is no opposition to their request. Mr. Agee complimented the City of Corpus Christi and the outstanding staff members who have worked so cooperatively with them on this project. He explained that the planned lots will be single-family dwellings, some of which will be on the Channel. He stated that 112 of the lots will be used by U. S. Homes and will have a canal frontage. No one else spoke in regard to this application. Motion by Zarsky that the hearing be closed, seconded by Hawkins and passed unanimously. Motion by Zarsky that PUD zoning be approved for Application No. 681-1, seconded by Gulley and passed unanimously. .......... ..+a e........ t......... t x.<..t... ........:t.... * City Manager Townsend announced the public hearing on Application No. 681-2, Mr. William T. McBride, for a change of zoning from "B-1" Neighborhood Business District to "1-2" Light Industrial District on Lots 10-A and 10-B, Block 1, Carroll Place Unit 7, located on the west side of Carroll Lane approximately 150' north of Holly Road. City Manager Townsend pointed out to the Council that both the Planning Commission and the Planning Staff recommend denial and that in response of the notices of the public hearing, seven in favor, as well as the names of the tenants of the facilities, and two in opposition from outside the area of notification were Minutes Special Council Meeting July 1, 1981 Page 6 returned. Mr. Townsend noted that the 20% rule is not in effect but that in view of the recommendation for denial by the Planning Commission, five affirmative votes will be required to approve this zoning. Chief Planner Wenger located the area on the zoning and land use map, des- cribed the land use in the surrounding area, showed slides of the area and pointed out that this tract is located in a predominately residential zoned area. Mr. Wenger explained that the uses in the complex include an automotive parts house and service facility, a drain cleaner operation, carpet store, burglar bar shop, an additional automotive supply house, a cabinet shop, a meat market and two offices. Mayor Jones stated that he had visited this complex and learned that even though there are some non -conforming operations, they are no more obnoxious than the conforming uses. He agreed, however, that the owner of the property made a mis- take in leasing property for non -conforming uses. City Manager Townsend referred to the applicant's previous request about two years ago for "1-2" zoning and stated that at that time, the Planning Commission and the City Council denied the request and it was clearly pointed out to the applicant the limitations on the uses that are allowed in "8-1" zoning. Mr. Townsend pointed out that most of the uses in this complex are not "B-1"; most of them are intended for "B-4" zoning; and there are even some businesses that are more intense and are only allowed in "1-2" zoning. Speaking in favor of the application was Mrs. Bill McBride, the mother of the applicant. Mrs. McBride informed the Council that her money is invested in this operation; this provides her with a living; and urged that the Council approve a special permit because this is a good, clean operation. City Manager Townsend commented that charges have been filed against the owners of this property because of the operation of non -conforming businesses. Mayor Jones inquired of Mrs. McBride the construction date of these build- ings, and Mrs. McBride replied that they built the buildings for "1-2" use in 1979 with the anticipation that the "I-2" zoning would be granted. She also noted that they had no difficulty obtaining building permits. City Manager Townsend reiterated that the property was zoned "B-1"; the McBrides were informed that the buildings that were constructed were not designed Minutes Special Council Meeting July 1, 1981 Page 7 for "8-1" use; and they were reminded then that they should not construct facilities designed for "1-2" uses. Mrs. McBride again stated that they were told that they probably could obtain "1-2" zoning in the future. Council Member Kennedy asked Mrs. McBride to identify the person who told her that, and Mrs. McBride declined but stated that some of them were City employees. She again urged that a special permit be approved. City Manager Townsend explained that the Council could grant a special per- mit for the uses that now exist and various things could be addressed in a special permit. He stated that the staff will do whatever the Council instructs them in regard to this case. Mr. Townsend pointed out, however, if there is any outside storage, this is a violation of "B-1" use, and the nature of the overhead doors in one of the buildings indicates use that is non -conforming. He informed the Council that citations have been issued for various violations in this complex; there was some work carried on without permits; and materials were used in con- struction that are not allowed in "B-1" zoning. Mayor Jones pointed out to Mrs. McBride that even though she was denied the requested "1-2" zoning two years ago, she went right ahead and rented her facilities to people who planned "1-2" uses. Mr. William T. McBride, the applicant, referred to the denial of the "1-2" zoning some time ago and explained that the request was made because one client wanted to lease a building for a plastics factory and that company is not located in the complex. Mr. McBride stated that their operation is basically a clean one; there are no traffic problems; they have 33 employees working there; and most of the tenants are friends of his. He denied that there was ever any con- struction for which they did not obtain a permit. He assured the Council that he would be glad to install a fence around his auto supply company if they wanted him to. Mr. McBride also pointed out that this matter has been discussed with their neighbors and they have no objections to their operation, and assured the Council that he just wants a special permit to continue their operation. City Manager Townsend explained that certificates of occupancy are issued by the City for buildings -- not for particular uses -- and the McBride's have repeatedly violated the law and the City is just enforcing the law. Minutes Special Council Meeting July 1, 1981 Page 8 Mayor Jones emphasized the fact to Mr. McBride that anyone who is in the business of renting buildings has an obligation to know what zoning is in effect and has an obligation to comply with the zoning. Speaking in opposition to this request was Mr. Salvo Perez on the basis that the businesses create a great deal of traffic and he is apprehensive that if this special permit is approved or the "1-2" zoning is granted, other property owners in the vicinity will also apply for the same zoning in this predominately residential neighborhood. 1 Mr. Arthur Ramirez, 3542 Heritage, appeared in opposition and stated that even though he resides outside the area of notification, he is concerned that the applicant has requested "1-2" zoning because of the possible increase in traffic and pointed out that there is an elementary school and a high school located very near this location. Mr. Ramirez stated that he is very much opposed to the "1-2" zoning and noted that 'at the time they submitted their request two years ago, both the Planning Commission and the City Council denied the request, and Mr. McBride has disregarded the decisions of the Planning Commission and the City Council and has constructed buildings clearly intended for "1-2" use. Mr. Ramirez stated that he was aware of the applicant's intention at the time the buildings were under con- struction, and they are using the building more for automotive repair rather than automotive parts sales. He related that the City staff attempted to stop the applicant, but the owners continued and established the kind of businesses they wanted without the proper zoning. Mr. Ramirez stated that "1-2" is not the proper zoning for this residential area. He related that he was approached by Mr. McBride who tried to urge him not to oppose this zoning request. He stated that he would also be opposed to a special permit to allow the applicant to continue this objec- tionable use. Mr. Ramirez reiterated that Mr. McBride constructed buildings for uses that he knew were not allowed in "B -l" zoning. Also speaking in opposition to this request was Mr. Rudy Gonzales, 3513 Xanadu, who stated that he was outside the area of notification but pointed out that the property within the area of notification is primarily owned by companies that would have no objection to the requested zoning because it would increase the value of their property. Mr. Gonzales reviewed the slides previously shown by Mr. Wenger and pointed out that the complex contains metal buildings with overhead Minutes Special Council Meeting July 1, 1981 Page 9 doors which are not the kind of buildings allowed in "8-1" zoning; there are no header curbs; there is excessive runoff from the buildings; and if this zoning is approved, it will have the effect of creating additional requests for this zoning which is too intense for this residential area. Mr. Gonzales expressed the opinion that the pro- perty owners did know that the signs that are installed are obviously a violation; there are also signs located in the public right-of-way; and there is an open-air compressor in use. He questioned the statement made by Mrs. McBride that she had . been told that they could expect to have "1-2" zoning approved, stating that he ,did not think that any City staff member would ever make such a statement: He agreed that Mr. Perez had a legitimate concern that if this application is approved, the property owners in the area of undeveloped land would bhen request the same zoning in order to increase the value of their land. Mr. Gonzales stated that he is opposed to a special permit as well. He explained that City personnel have just been trying to enforce City ordinances by having citations issued for the non -conforming uses and disagreed with Mr. McBride's statement that he was being harassed by the City because the employees were just trying to do their job, and if this zoning is approved, the action would be detrimental to the morale of City employees. Mr. Gonzales then pointed out a large number of violations that are evident in the construction of this complex. Mr. Harold Crain, one of the tenants of Mr. McBride's complex, passed around a citation that was issued to him which indicated that he was subject to arrest because he ignored previous citations. He alleged that this constitutes harassment. City Manager Townsend examined the paper and explained that it was served by a warrant officer for a copious arrest. Mr. Crain explained that he was supposed to have received an earlier notice to appear in court but he did not receive it. Mr. Townsend then questioned Mr. Crain about the nature of his business, and he replied that he is in the construc- tion business and has a cabinet shop in this complex but he does not store a great deal of materials. City Manager Townsend summarized by stating that the former location of the McBride's property was on South Padre Island Drive, and it was zoned "1-2". He stated that evidently, the McBride's have just relocated the "1-2" businesses Minutes Special Council Meeting July 1, 1981 Page 10 formerly located there to this location even though it is zoned "B-1." Mr. Ramirez assured the Council that he did not initiate the arrest summons for Mr. Crain, even though he was aware of the zoning application and that the property contained businesses that were in violation of the existing zoning. Speaking in favor of the zoning was Mr. Larry Watson, 3517 Crestdale, who stated that he is a customer of the McBride's and he was of the opinion that Mr. McBride is being harassed unnecessarily by the City, noting that he is just an honest businessman. Mr. Wayne Bishop, a member of the Planning Commission, stated that he was speaking in opposition to this request, not on behalf of the Planning Commission but personally. He pointed out that as a developer and one who leases buildings, he realizes that it is necessary that he make sure that his tenants are operating in compliance with the existing zoning; as a contractor, he knows that the use for which he builds buildings must be in compliance with zoning; and that the operation of the McBride's is an intrusion of the highest degree of industrial use in a resi- dential neighborhood. Speaking in favor of the application was Mr. Ted Zivotofsky who stated that although he resides outside of this area, he leases space from the McBride's for the operation of a small parts company. He expressed the opinion that most of the tenants are small businessmen who are just trying to make a living and urged appro- val of the special permit. City Manager Townsend, after checking with the Building Division staff, presented a notice to Mr. Crain and inquired of him if he recalled receiving that specific notice. Mr. Crain stated that he did. Mr. Townsend explained to the Council that in March, 1981, Mr. Crain was sent a notice to vacate the building he was leasing from the McBride's because of improper use, which he did not do and that is the reason he was issued a notice of arrest. Mrs. McBride addressed the Council and again urged approval of a special permit so that they can continue their operation. Mayor Jones explained that he is sympathetic with her problem, but that he is concerned that at the time their first application for "1-2" zoning was denied, she and her son proceeded to construct buildings for tenants who required Minutes Special Council Meeting July 1, 1981 Page 11 "1-2" zoning. Council Member Zarsky inquired as to the lease with the longest term, and Mrs. McBride replied that the longest was for five years. Motion by Zarsky that the hearing be closed, seconded by Kennedy and passed unanimously. Motion by Kennedy that "1-2" zoning for Application No. 681-2 be denied but in lieu thereof a special permit be granted until the current leases expire at which time the businesses that are non -conforming to "B-1" zoning be required to relocate. City Manager Townsend interjected by suggesting that the special permit be for certain "1-2" uses that are currently in existence at this location until those leases expire and that standard screening fences be installed. He pointed out that the owners would be required to submit a site plan that indicates a screening fence with appropriate parking showing their existing "1-2" permits with a time limit on, the special permit. Council Member Zarsky offered an amendment to the motion to specify that such a permit should not exceed five years, following which only businesses allowed in "8-1" zoning would be allowed. He then seconded Dr. Kennedy's motion. Council Member Hawkins pointed out that this facility is quite near Kostoryz Elementary School and this conflicts with Crestmont Subdivision and the children walking down this street to school. He expressed the opinion that this is very inappropriate zoning at this location. The motion failed to pass by the following vote: Jones, Kennedy and Zarsky voting "Aye"; Gulley and Hawkins voting "Nay"; Turner and Dumphy, absent. Motion by Zarsky that this application be tabled for one week until the entire Council is present. Mr. Zarsky's motion died for lack of a second. Motion by Gulley that Application No. 681-2 be denied, seconded by Hawkins and passed by the following vote: Jones, Gulley, Hawkins and Kennedy voting "Aye"; Zarsky voting "Nay"; Turner and Dumphy, absent. .. .. .. .. :t .. .. .. .. * .. ., k ., * .. .. ., * is k * * .. .. .. .. * .. it to .. .. * k City Manager Townsend announced the public hearing on Application No. 681-3, Candy Stick Corporation, for a change of zoning from "F -R" Farm -Rural District to Minutes Special Council Meeting July 1, 1981 Page 12 "R -1B" One -family Dwelling District on Tract A and "R-2" Multiple Dwelling District on Tract B, Tract A being 102-05± acres and Tract B being 2.16± acres, both tracts out of Share 3 and 4, John Harney Partition, located approximately 125' southwest of Chamizal Street and approximately 1,450' southeast of Callicoatte Road. City Manager Townsend stated that both the Planning Commission and the Planning Staff recommend approval and that in response to the notices of the public hearing, four in opposition and none in favor had been returned. Mr. Townsend noted that the adjacent landowner has also filed opposition which was sufficient! to invoke the 20% rule. Chief Planner Wenger located the area on the zoning and land use map, des- cribed the land use in the surrounding area, showed slides of the area which is primarily agricultural land, and stated that the applicant plans to construct multi -family "R-2" structures in the portion across from the proposed school loca- tion which is within the area of request. Mayor Jones ascertained that no one wished to speak in regard to this request. 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 and approve the requested zoning on Application No. 681-3, seconded by Zarsky and passed unanimously by those present and voting. City Manager Townsend informed the Council that the ordinance granting this zoning will be considered next week since six affirmative votes are required to change the zoning. Motion by Gulley that the meeting be adjourned at 6:00 p.m., seconded by Zarsky and passed unanimously.