HomeMy WebLinkAboutMinutes City Council - 07/22/1981 - SpecialMINUTES
CITY OF CORPUS CHRISTI, TEXAS
SPECIAL COUNCIL MEETING
JULY 22, 1981
3:30 P.M.
PRESENT:
Mayor Luther Jones
Council Members:
Jack K. Dumphy
Bob Gulley
Herbert L. Hawkins
Dr. Charles Kennedy
Cliff Zarsky
City Manager Marvin Townsend
City Attorney J. Bruce Aycock
City Secretary Bill G. Read
ABSENT:
Mayor Pro Tem Betty N. Turner ,
Mayor Luther Jones called the meeting to order in the
Council Chambers of City Hall.
City Secretary Bill G. Read verified that the necessary
quorum of the Council and the required Charter Officers were
present to conduct a legally constituted meeting.
Motion by Gulley that Mayor Pro Tem Betty N. Turner, who
was out of the City, be excused for just cause; seconded by
Dumphy; and passed unanimously.
City Manager Marvin Townsend announced the public hearing
on Application No. 681-8, Mr. Randy Joe Dees, for a change of
zoning from "F -R" Farm Rural District to "I-2" Light Industrial
District, being one acre out of Lot 6, Section 41, Flour Bluff
and Encinal Farm and Garden Tracts, located on the west side of
Flour Bluff Drive, approximately 337' north of Graham Road.
City Manager Townsend informed the Council that both the
Planning Commission and 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 of the area and stated that the special permit which
was previously granted for the operation of storage of wrecked
MICROFILMED
SEP 1 9 1984
Minutes
Special Council Meeting
July 22, 1981
Page 2
vehicle use was only for one year; that permit has expired;
and the permit was granted in order to allow Mr. Dees an oppor-
tunity to relocate his business to another area. He pointed
out that the special permit required certain improvements 10 the
property, some of which Mr. Dees has accomplished and some of
which have not been developed.
Mr. Randy Joe Dees, dba Statewide Wrecker Service, stated that
he had refiled the application requesting "I-2" zoning for this
piece of property. He informed the Council that this land was
leased in 1978 from Mr. Keller; he operates a towing company;
they do not dismantle vehicles; and they have operated Lhe company
for several years. He explained that the reason they need this,
piece of property is because it is close to Padre Island Drive and
it would be very difficult to find a location in another area in
Flour Bluff for his towing company. He stated that he would like
to have a special permit for as long as the area is undeveloped or
until he can acquire other property for his business. He pointed
out that he serves the community by storing junked automobiles and
stated that he is willing to make the improvements to the property.
Council Member Hawkins inquired of Mr. Dees why he expects
the Council to approve a special permit when he has not complied
with the requirements of the original special permit.
Mr. Dees explained that his special permit was granted for
only one year and the requirement for the screening fence and the
black top road were never explained to him by City employees. He
also stated that he just overlooked the fact that his special
permit had expired. He further informed the Council that he
only has 30 vehicles at the location at one time and that he
serves the City of Corpus Christi by picking up wrecked cars
from the streets and also for the State Highway Patrol. Mr. Dees
also assured the Council that the vehicles only are stored there
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Special Council Meeting
July 22, 1981
Page 3
for approximately 25 days.
Chief Planner Wenger responded to Mr. Dees' remark that ho
did not understand the requirements of the special permit and
noted that the site plan was submitted by the applicant and he
was sent a copy of the ordinance granting the special permit.,
which indicated the items that needed to bc' installed.
Mr. Wenger also explained that the reason for the one
year maximum term on the special permit was because this area
was experiencing growth and the special permit was limited to
one year because of this.
Mr. Gardener Lane, 1717 Wittner, expressed opposition to
this zoning because there are a large number of executive type
homes that have been constructed quite recently in the area and,
the residents do not want n junkyard in the area. He pointed mit
that Mr. Dees has made no effort. Lo relocate his business nor
has he made an effort to comply with the special permit requirements.
Mrs. F. J. Graham stated that the special permit was
granted for one year only to allow Mr. Dees time to relocate his
business.
Also speaking in opposition was Mr. Ben Hutsell who resides
on Graham Road. Mr. Hutsell expressed the opinion that this wrecker
yard is an eyesore in the neighborhood and they do not want this
type of business there.
No one else spoke in regard to this Toning ease.
Motion by Zarsky that the hearing be closed, seconded by
Kennedy and passed unanimously.
Motion by Kennedy that Application No. 681-8 be denied,
seconded by Hawkins and passed unanimously.
* * * * * * * * * * * *
Minutes
Special Council Meeting
,July 22, 1981
Page 4
City Manager Townsend announced the public hearing on
Application No. 681-9, Messrs. George S. Hawn Interests and John
D. Hawn, for a change of zoning from "B-3" Business District
and "I-2" Light Industrial District to "B-4" General Business
District on Lot 1, Section 12, Bohemian Colony Lands, located
at the southwest corner of Saratoga Boulevard and Weber Road.
City Manager Townsend informed the Council that both the
Planning Commission and Planning Staff recommend approval of
this zoning application, except for that portion that falls
within the APZ-2 Zone and they recommend "B-3" zoning which
does not allow for residential development. He stated that in
response to the notices of the public hearing three in favor and
none in opposition had been returned.
Chief Planner Wenger passed to the Council drawings of the
APZ-2 area. He then located the area on tho.zoning and land use
map, described the land use in the surrounding area, showed slides
of the area and stated that the owners plan the installation of
mixed uses of business, office parks and apartments.
Mayor Jones ascertained that no one in the audience wished
to speak in opposition to this request.
Mr. J. W. Gary, Attorney representing the Hawn Interests,
stated that his client would prefer to retain the "I-2" zoning
on the area that is in the APZ-2 rather than accepting the "B-3"
zoning.
ii
No one else spoke in regard to this zoning application.
Motion by Dumphy that the hearing be closed, seconded by ,
Zarsky and passed unanimously.
Motion by Hawkins that Application No. 681-9 be approved
except that portion that is now zoned "I-2" that falls within
the APZ-2; seconded by Zarsky; and passed unanimously
* * * * * * * * * * * *
Minutes
Special Council Meeting
July 22, 1981
Page 5
City Manager Townsend announced the public hearing on
Application No. 681-10, Mr. Donald A. Wilke, for a change of
zoning from "B-4" General District and "B-1" Neighborhood
Business District to "T -1C" Mobile Home Subdivision District
on Block 5R, San Simeon Subdivision, located on the west side
of Columbia Street, between Bloomington Street and Villareal
Drive. He stated that both the Planning Commission and Planning
Staff recommend approval and that in response to the notices
of the public hearing one in favor and none in opposition was
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 owner plans to develop
a mobile home subdivision.
Mayor Jones called for those who wished to speak in regard
to this zoning application.
Speaking in opposition to this request was Mrs. Irma Juarez,
representing West Oso Independent School District, who expressed
that district's opposition to the change of zoning because they
own property at the side of this property. She expressed the
opinion that if mobile homes are located there vandalism at the
school will be increased; the tax base will be lowered and they
will have difficulty with increased enrollment•if the mobile homes
are that near the West Oso School.
Council Member Gulley pointed out that the lots to he used
are 6,000 square feet, which is the standard size for residences
and the taxes are the same• For mobile homes as For residences.
Mayor Jones also pointed out to Mrs. Juarez that no taxes
are being, generated now and he does not feel the school district
should oppose change of zoning just because their enrollment will
be increased.
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Special Council Meeting
July 22, 1981
Page 6
Council Member Dumphy pointed out that this is a mobile
home subdivision, not a mobile home park.
Council Member Gulley also pointed out that the tax base
will be increased and slightly less expensive homes will be
located on this tract than if Lhey were developed for single
family dwellings.
Mrs. Juarez informed the Council that the School Board
did not take official action to oppose this case because
they did not have time to call a meeting.
Council Member Zarsky expressed the opinion that this
is the highest and best use for this piece of property.
Speaking in favor of this application was Mr. Edward L.
Sample, 5106 Moultrie, who was the representative •for Mr.
Donald A. Wilke. Mr. Sample stated that ho did not fool that
vandaLism would he increased and pointed out Lhat this was
zoned "R -LB" before the zoning was changed to "B-4". He
explained that these lots are 6,000 square feet and will be
sold in the same way as a regular single family dwelling lot.
He assured the Council that the applicant plans to establish a
good subdivision and may even plan the construction of storage
units on each lot. He noted that there was a complaint from
the school district •that additional students will reside in
this mobile home subdivision, but pointed out that this will
increase the tax base.
Motion by Hawkins that•the hearing be closed, seconded h,y
Kennedy and passed unanimously.
. Motion by Gulley that the zoning of "T -1C" be approved for
Application No. 681-10, seconded by Hawkins.
City Manger Townsend pointed out to Mrs. Juarez of West
Oso Independent School District that the school district needs
to provide a written statement if they wish to register their
opposition to be made a part of the record. He noted that if
they do this 6 votes will be required to pass the ordinance
changing the zoning since their opposition would invoke the 20%
Minutes
Special Council Meeting
July 22, 1981
Page 7
rule.
The motion to approve passed by those present and voting.
* * * * * * * * * * * *
City Manager Townsend announced the public hearing on
Application No. 681-12, Mr. Jack A. Colmenero for a change of
zoning from "R-2" Multiple Dwelling District and "R -1B" One -
family Dwelling District to "B-1" Neighborhood District on
Lots 6 and 7, Block 6, Koolside Addition, located on the west
side of Airline Road approximately 362` north of Kimbrough Drive.
City Manager Townsend informed the Council that both the
Planning Commission and Planning Staff recommend denial of the
"B-1" zoning but in lieu thereof that "AB" Professional Office
District be approved and that in response to the notices of
the public hearing one in favor and two in opposition had been
received. Mayor Jones invited the applicant to address the Council.
Mr. Jack A. Colmenero stated that he had owned this property
seven or eight years and traffic has greatly increased on Airline
Road so that it is almost hazardous to have a residence on this
portion of Airline. He indicated that he would like to have "B-1"
zoning because he has requests for "B-1" zoning uses.
Chief Planner Larry Wenger located the arca on the zoning
and land use map, described the land use in the surrounding area,
showed slides of the area and stated that "B-1" zoning allows the
sale of goods whereas "AB" zoning allows professional office uses
only.
Mr. Colmenero informed the Council that he has three ladies
who want to lease this property for a quilt shop.
Council Member Kennedy suggested that a special permit be
granted for his purpose.
Mayor Jones stated that he did not 'feel that Airline Road is
that busy and he does not feel that the zoning should be changed
from "R-2".
No one else spoke in regard to this zoning application.
Minutes
Special Council Meeting
July 22, 198]
Page 8
Motion by Zarsky that the hearing be closed, seconded by
Kennedy and passed unanimously.
Council Member Dumphy expressed the opinion that this is
a changing neighborhood and he is in favor of this change of
zoning.
Motion by Dumphy that the zoning of "B-1" be denied on
Application No. 681-12, but in lieu thereof that a special permit
for a quilt shop or a craft shop be granted subject to the approval
of a site plan; seconded:by Gulley and passed by the following
vote: Dumphy, Gulley, Hawkins, Kennedy and Zarsky voting "Aye";
Jones voting "Nay"; Turner "Absent".
* * * * * * * * * * * *
City Manager Townsend announced the public hearing on
Application No. 681-13, Sitterle and Company, for a change of
zoning from "R -1B" One -family Dwelling District on "I-2" Light
Industrial District located between Bear Lane and Old Brownsville
Road west of Cliff Maus Drive, Tract A being.1.190 acres out of
Lot 1, and Tract B being 1.264 acres out of Lot 8, Section 5, Range
VIII, Gugenheim and Cohn's Farm Lots. City Manager Townsend
stated that both the Planning Commission and Planning Staff recommend
approval.
Mayor Jones ascertained that no one wished to speak in regard
to this zoning application.
Motion by Dumphy that the hearing be closed, seconded by -
Gulley and passed unanimously.
Motion by Dumphy that the zoning of "I-2" be approved for
Application No. 681-13, seconded by Kennedy and passed unanimously.
* * * * * * * * * * * *
City Secretary Read informed the Council that he had the
ordinances before him on two of the zoning cases. He polled the
Council for their votes and the following ordinances were passed:
1'
Minutes
Special Council Meeting
July 22, 1981
Page 9
ORDINANCE NO. 16415:
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 DONALD
A. WILKE, BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON
BLOCK 5R, SAN SIMEON SUBDIVISION, SITUATED IN THE CITY OF CORPUS
CHRISTI, NUECES COUNTY, TEXAS, FROM "B-4" GENERAL BUSINESS AND
"B-1" NEIGHBORHOOD BUSINESS DISTRICT, TO "T -1C" MOBILE HOME
SUBDIVISION 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 above ordinance passed
by the following vote: Jones, Dumphy, Gulley, Hawkins, Kennedy
and Zarsky voting "Aye"; Turner "Absent".
ORDINANCE NO. 16416:
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 FRANK J.
SITTERLE BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON
A PORTION OF LOT 1, TRACT B AND LOT 8, SECTION 5, RANVE VIII,
GUGENHEIM AND COHN'S FARM LOTS, SITUATED IN THE CITY OF CORPUS
CHRISTI, NUECES COUNTY, TEXAS, FROM "R -1B" ONE -FAMILY DWELLING
DISTRICT TO "I-2" LIGHT INDUSTRIAL 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 above ordinance passed
by the following vote: Jones, Dumphy, Gulley, Hawkins, Kennedy
and Zarsky voting "Aye"; Turner "Absent".
* * * * * * * * * * * *
There being no further business to come before the Council,
on motion by Gulley, seconded by Dumphy and passed unanimously
the Special Council Meeting was adjourned at 4:30 p.m. July 22, 1981.