Loading...
HomeMy WebLinkAboutMinutes City Council - 12/07/1982 - Speciala Y MINUTES CITY OF CORPUS CHRISTI, TEXAS SPECIAL COUNCIL MEETING DECEMBER 7, 1982 4:00 P.M. PRESENT: Mayor Luther Jones Mayor Pro Tem Betty N. Turner Council Members: Jack K. Dumphy Bob Gulley Dr. Charles W. Kennedy Cliff Zarsky ABSENT: Council Member Herbert Hawkins, Jr. City Manager Edward Martin 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 special meeting was to conduct public hearings on four zoning applications. City Secretary Bill G. Read called the roll of required Charter Officers and verified that the necessary quorum was present to conduct a legally constituted meeting. Application No. 982-2, Pharaoh Valley Shopping Center Association: for a change of zoning from "B-1" Neighborhoo• Business District to "B-4" General Business District on 2.07± acres located on the west side of Nile Drive, approximately 175' north of McArdle Road, Pharaoh Valley Shopping Center, Southwest Unit 1-R. Assistant City Manager Tom Utter informed the Council that thirty-six notices of this public hearing had been mailed and in response, one in favor from outside the area of notification, none in favor inside the area of notifiction and six in opposition had been returned. Mr. Utter informed the Council that the Planning Commission and Planning Staff both recommend denial but that a special permit be granted for one free-standing sign listing the business firms in the center be approved. He stated that an acceptable site plan had been submitted. Mr. Larry Wenger, Director of Planning, located the area on the zoning and land use map, described the land use in the surrounding area, showed slides of the area and informed the Council that the applicant desires a sign MICROFILMED' SSP 191984 rtes .tial Council Meeting December 7, 1982 Page 2 that can be placed near the street to list all of the businesses located in the center rather than having signs in front of each business. No one spoke in regard to this application. A motion was made by Mayor Pro Tem Turner that the hearing be closed, seconded by Council Member Zarsky and passed unanimously. A motion was made by Council Member Dumphy that the Council concur with the recommendation of the Planning Commission and deny the requested zoning but in lieu thereof, grant a special permit in accordance with the approved site plan; seconded by Mayor Pro Tem Turner and passed unanimously. City Secretary Read polled the Council for their vote on the ordinance effecting this zoning change and it passed as follows: ORDINANCE NO. 17378: AMENDING THE ZONING ORDINANCE UPON APPLICATION OF PHARAOH VALLEY SHOPPING CENTER ASSOCIATION, BY GRANTING A SPECIAL COUNCIL PERMIT ON PHARAOH VALLEY SHOPPING CENTER SOUTHWEST UNIT 1-R, FOR A FREE STANDING SIGN; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Dumphy, Gulley, Kennedy and Zarsky voting, "Aye"; Hawkins, "absent". 0*o*0*0*0*0*0t0*0*0*0*0*0*0*0*0*0*0*0*0*0*0*0 Application No. 1082-8, Mr. Frank H. Smith: for a change of zoning from "R -1B" One -family Dwelling District to "1-2" Light Industrial District on a .77± acre tract located on the east side of Flour Bluff Drive, approximately 312' north of Purdue Road. Assistant City Manager Utter stated that eight notices of the public hearing had been mailed and one in favor and two in opposition had been returned. Mr. Utter informed the Council that both the Planning Commission and the Planning Staff recommend denial and stated that there is sufficient opposition to invoke the 20% rule. Mr. Wenger located the area on the zoning and land use map, described the land use in the surrounding area, passed around photographs of the operation on the property which provides for storage of parts for restoration of various automobiles or vehicles, and showed slides of the area. Mayor Jones invited the appliant or his representative to speak on this application. rtes ,cial Council Meeting December 7, 1982 Page 3 Mr. Walter Chastain, 1005 Sedan, attorney representing Mr. Smith, addressed the Council and explained that this is a private type of home occupation; there is a great deal of animosity from Mr. Smith's neighbors; but he has constructed a high fence to screen the operation. Mr. Chastain explained that Mr. Smith purchases an automobile, removes the excess parts and then the vehicle is removed to a junkyard. He pointed out that this area is primarily undeveloped and the only people who expressed opposition were the residents in the house next door. He pointed out that this owner has been at this location for eighteen months but the previous owner performed a similar type of operation. Mrs. Aurora McCracken, 2217 Flour Bluff Drive, presented a petition containing six signatures of residents of the area expressing support of the requested zoning. Mrs. McCracken explained that the pictures presented to the City Council by Mr. Wenger were taken by her neighbor who had to climb a fence to obtain a view. Mrs. McCracken then presented photographs of her neighbor's warehouse which is an objectionable use also. Mrs. McCracken stated that she resides with Mr. Smith, the applicant, and they have received a citation to go to Municipal Court since the operation on the subject tract is illegal. She expressed the opinion that measures have been taken by the neighbor as a form of harrassment. Mrs. McCracken continued by expressing the opinion that the fence installed by Mr. Smith provides the necessary privacy and that he has no other way of making a living since he is partially handicapped. She admitted that Mr. Smith at times has employed some young men who are out of work to assist him in the operation. She pointed out that there are no signs or advertising on the property and there should be no objection to the continuation of the operation. She alleged that their neighbor, at one time, attempted to steal mag wheels from her son's car. She summarized by stating that they would accept a special permit for the continued operation of the business. Mayor Jones asked Mrs. McCracken about the number of times Neighborhood Improvement has been called to their residence, and Mrs. McCracken stated that they were visited by Neighborhood Improvement and they have been summoned to court but the case was not heard because Mr. Smith was ill at the time and the case has been delayed. ites pial Council Meeting December 7, 1982 Page 4 Also speaking in favor of the application was Mrs. Joy Harris, 2245 FLour Bluff Drive, who stated that there is a vacant lot used for a pasture for her horse between her property and Mr. Smith's and she had no problem with the continued operation of Mr. Smith's business. She pointed out that there are similar operations in the neighborhood and there is no reason to isolate this case and she expressed the opinion that the complaints are just harrassment from one of the neighbors. She alleged that the neighbors who are in opposition are not the best of neighbors and have made no effort to get along with them. Mrs. Virginia Motes, 2218 Woodcrest, presented a petition containing 48 signatures of residents who are opposed to Mr. Smith's operation. Mrs. Motes informed the Council that Mr. Smith has had as many as twenty vehicles on his property at one time, whereas the previous owner only had one or two cars at one time. She stated that all of the work is not performed in the fenced -in area; arc welding is conducted on the property which is dangerous and a health hazard; there is a danger of fire from this operation; and the planned zoning according to the FLour Bluff Development Plan for this area will be "R-2". She also noted that the horse mentioned on Mrs. Harris' property is within 100' of a residence which is also in violation of the City Code. She informed the Council that the pictures which she had taken of the area behind the fence were taken on the advice of Constable Ronnie Polston. She stated that the warehouse mentioned on her property is only a garage workshop used for a hobby by her husband. She informed the Council that the matter has been to Municipal Court three times but nothing has been resolved. No one else spoke in regard to this zoning application. A motion was made by Mayor Pro Tem Turner that the hearing be closed, seconded by Council Member Gulley and passed unanimously. Council Member Zarsky asked Mr. Wenger about the type of repair work that is allowed in residential zoning by an individual. Mr. Wenger replied that there is no limit on the number of vehicles but they all have to be in running order, otherwise, they would be considered in violation. Mr. Utter explained that the reason the request had to be for "1-2" zoning is because auto dismantling must be done in that type of zoning. He stated that this is a nonconforming operation and that is the reason the Building ites cial Council Meeting December 7, 1982 Page 5 Division has ruled that it is illegal. He stated that this property owner has been cited in court for this violation. He also noted that it is not only nonconforming but is an illegal use. Mayor Jones expressed the opinion that the recommendation of the Planning Commission and Planning Staff is correct. A motion was made by Council Member Gulley that the zoning on Application No. 1082-8 be denied, seconded by Mayor Pro Tem Turner and passed unanimously. o*o*o*o*o*o*o*o*o*o*o*o*o*o*o*o*o*o*o*o*o*o*o Application No. 1082-7 - Village Commercial Properties, Inc.: for a change of zoning from "1-2" Light Industrial District to "B-4" General Business District on Lot 1, Block 4, Interstate Industrial Complex, located on the southwest corner of I.H. 37 and Corn Products Road. Assistant City Manager Utter stated that two notices of the public hearing had been mailed and none had been returned. There were no comments from the audience on this zoning application. A motion was made by Mayor Pro Tem Turner that the hearing be closed, seconded by Council Member Gulley and passed unanimously. A motion was made by Council Member Zarsky that the requested zoning of "B-4" be granted on Application No. 1082-7, seconded by Council Member Gulley and passed unanimously. The following ordinance effecting the zoning change was passed: ORDINANCE NO. 17379: AMENDING THE ZONING ORDINANCE UPON APPLICATION OF VILLAGE COMMERCIAL PROPERTIES, INC. BY CHANGING THE ZONING MAP IN REFERENCE TO LOT 1, BLOCK 4, INTERSTATE INDUSTRIAL COMPLEX FROM "1-2" LIGHT INDUSTRIAL DISTRICT TO "B-4" GENERAL BUSINESS DISTRICT; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Dumphy, Gulley, Kennedy and Zarsky voting, "Aye"; Hawkins, "absent". o*o*o*o*o*o*o*o*o*o*o*o*o*o*o*o*o*o*o*o*o*o Application No. 1082-10, Deluxe Property's: for a change of zoning from "R -1B" One -family Dwelling District to "A-1" Apartment House District on a 4.96± acre tract out of Share 1, Partition of Hearn Tract, located at the southwest corner of Hearn and Callicoatte Roads. Mr. Utter explained that eleven notices of the public hearing had been mailed and one in favor and four in opposition had been returned. He also stated that a petition in opposition to the zoning request had been submitted ites cial Council Meeting December 7, 1982 Page 6 which contained forty-two signatures. He stated also that the Planning Commission and the Planning Staff both recommend approval but the 20% rule is in effect. Mr. 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 owners plan to construct an apartment complex at this location. Council Member Gulley noted that this is near his property and discussed various uses in the area. Mayor Jones then called on the applicant or his representative to speak. Mr. Doug Walthall, Maverick Engineering, representing the applicant, stated that they are of the opinion that this is an ideal spot for an apartment project which is near an arterial street and which is needed in Calalien. Mayor Jones inquired about the type and price of the apartment units in the project that is planned and Mr. Walthall explained that the applicant has not determined that yet. Mayor Jones stated that with so much opposition. expressed, it would seem reasonable and to the property owner's advantage to inform the neighbors as to the kind of project they plan. Speaking in opposition to the zoning request was Mr. Dennis Townsend, 12240 Horne Road, who stated that he had obtained a petition from people in the area who are opposed to the construction of the apartment complex. He pointed out that this construction would allow a view from the upper stories of the backyards of the adjacent property; crime will be increased in the neighborhood because following the construction of an apartment complex on Leopard Street, a great deal of crime was created in the neighborhood. He stated that they feel that the approval of this zoning for low rent property will greatly depreciate the value of their property. Mr. Townsend suggested that the property should be subdivided and sold for residential use or the property should be sold to the area property owners who will be most adversely affected by the change of zoning. He assured the Council that they do want growth in their neighborhood but they want the right kind of growth such as residential development. He informed the Council that with the requested zoning, as many as 105 units could be constructed. Mr. Eddie Holder, 12241 Hearne Road, presented to the Council four additional letters that were sent to express opposition. ites cial Council Meeting uecember 7, 1982 Page 7 Mrs. Christina Pipes, 3965 Callicoate Road, also expressed opposition to the change of zoning. She stated that she and her husband own property to the south of the subject tract; they own a four -acre tract with a residence located on it; and they do keep horses. She stated that her home was built only last year and they purchased the property with the understanding that the entire area was residential. No one else spoke in regard to this application. A motion was made by Council Member Kennedy that the hearing be closed, seconded by Mayor Pro Tem Turner and passed unanimously. Mr. Wenger pointed out that Callicoate Road is scheduled to be a major arterial road and Hearne Road will be a collector street. He stated that the Staff feels that the apartment zoning is appropriate for this area. Council Member Zarsky inquired as to the location of the nearest high density development in this vicinity, and Mr. Wenger replied that it is about 3/4's to one mile away. Mayor Jones explained a personal situation in which an apartment complex in another city was constructed behind his residence and following that the value of his house was almost doubled within a few years. Council Member Gulley stated that he felt that they needed to determine if this is proper zoning for this land and whether or not apartment use is appropriate for this area. Council Member Zarsky noted that growth occurs in every city and it has also done so in Corpus Christi. He expressed the opinion that apartment zoning is appropriate for this property. Mayor Pro Tem Turner expressed the opinion that the large tracts of land should be retained in this area. She indicated that she has reservations about this change of zoning and will vote in opposition. A motion was made by Council Member Gulley that Application No. 1082-10 be tabled until a full Council is present, seconded by Council Member Zarsky and passed unanimously. Council Member Kennedy stated that he would be more in favor of this if the zoning were not so dense and if the Council had some idea of the type of structure that will be built there. Mr. Utter explained to the Council that the Staff will attempt to provide a larger map of the area and contact the owners to see if they would accept ites tial Council Meeting , December 7, 1982 Page 8 approval of zoning with less density. o*o*o*o*o*o*o*o*o*o*o*o,to*o*o*o*o*o*o*o*o*o*o* City Manager Martin referred to the item on the agenda pertaining to the consideration for appointments to two positions on the Tax Appraisal Review Board. Mr. Martin referred to a memorandum placed before the Council in which he informed them that in their efforts to contact the City appointees to that Board, they had ascertained that Mr. Curry is out of the City but they were able to contact Mrs. Forrestine Lynn who indicated that she is willing to accept reappointment to this Board. A motion was made by Council Member Gulley that Mrs. Forrestine Lynn be recommended for appointment to the Tax Appraisal Review Board, seconded by Mayor Pro Tem Turner and passed unanimously. City Manager Martin informed the Council that the Caller -Times' requested street closings will not be considered on Wednesday. There being no further business to come before the Council, on motion by Mayor Pro Tem Turner, seconded by Council Member Zarsky and passed unanimously, the Special Council Meeting was adjourned at 5:25 p.m., December 7, 1982.