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HomeMy WebLinkAboutMinutes City Council - 04/13/1983 - SpecialPresent Mayor Luther Jones Mayor Pro Tem Betty Turner Council Members Jack K. Dumphy Bob Gulley Herbert L. Hawkins Dr. Charles W. Kennedy Cliff Zarsky 4k041 MINUTES CITY OF CORPUS CHRISTI, TEXAS SPECIAL COUNCIL MEETING APRIL 13, 1983 3:46 P.M. 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 for the purpose of hearing four zoning applications. 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. Application No. 383-1, Mr. Raul Reyes, for a change of zoning from "R -1B" One -family Dwelling District to "B-1" Neighborhood Business District on Lot 1, Block 3, Central Park No. 1, located on the southwest corner of Kosarek Drive and Gollihar Road. Assistant City Manager Tom Utter informed the Council that 26 notices of the public hearing had been mailed and two in favor and two in opposition had been returned. He stated that both the Planning Commission and Planning Staff recommend denial. Mr. Larry Wenger, Director of Planning, located the area on the zoning and land use map, described the land use in the surrounding area, noting that it is predominantly residential, and showed slides of the vicinity. Speaking on behalf of the applicant was Mr. Reynaldo Reyes who informed the Council that they would really like to have a special permit to add on to the structure on the lot. He stated that it would be at the rear of the house and would cover about 40' x 20' and they plan to remove part of the iron fence and use all of that property for parking. He stated that the type of business would be the establishment of a wholesale type of business for construction work. Council Member Kennedy questioned why this type of a business would even be located in the middle of a residential area. Mr. Reyes stated that his father wished to locate the business there because he also resides in the front portion of the property. IiitCROBLM SEP 191984 Mi. Special Council Meeting April 13, 1983 Page 2 No one else spoke in regard to this zoning application. A motion was made by Council Member Kennedy that the hearing be closed, seconded by Mayor Pro Tem Turner and passed unanimously. A motion was made by Council Member Kennedy that Application No. 383-1 be denied, seconded by Mayor Pro Tem Turner and passed unanimously. * * * * * * * * * * * * * * * * * * * * Application No. 383-10, Mr. Carl A. Dunn, for a change of zoning from "R -1B" One -family Dwelling District to "B-4" General Business District on a 98.246 acre tract in the southeast corner of the P. Hinojosa Survey No. 422, Cert. No. 1/1047, Abstract No. 850 for Nueces County, located on the west side of Rand Morgan Road, approximately 75' south of Interstate Highway 37. Mr. Utter informed the Council. that in response to the notices of the public hearing, one in opposition from the Arlington Heights Church of Christ had been returned. He noted that. the Church owns a very large piece of property near the subject tract. Council Member Gulley asked about the sewer situation in the area, and Mr. Wenger replied that sewer service is available but not everyone has tied on to it. Mayor Jones ascertained that neither Mr. Dunn nor a representative was present. Speaking in opposition to the request was Mr. Gary Lowe, representing the Arlington Heights Church of Christ. He stated that the Church is not necessarily opposed to the change of zoning but they are concerned about the type of business that could be installed there, noting that businesses to sell alcoholic beverages could be located on the subject property. the e City Staff l. because it will ulu jor _ute A motion was made 1 y Council MCI mntu dv that the hearing be closed, seconded by Mayor Pre Tem Turner ar,d u arp rimously. Mayor _ rated that he hesitates to vote to approve any rezoning of property just to increase the value for resale. Council Member Dumphy took exception to the Mayor's statement because he stated that he did not feel that the Council should discourage business development if it is appropriate zoning. He pointed out that this property is at a major intersection and logically it should be zoned "6-4". Council Member Zarsky noted that the Staff has indicated that it could be used for apartments as well. He stated that he would prefer to vote on property rezoning that has a definite use plan. Mi as Special Council Meeting April 13, 1983 Page 3 Council Member Gulley indicated that he too would like to know what is planned for the property before approving a change of zoning, yet he stated that he understood the Church's concern about the "B-4" rezoning. A motion was made by Mayor Pro Tem Turner. that Application No. 383-10 be tabled until further information from the applicant is available; seconded by Council Member Hawkins; and passed unanimously. Mr. Wenger pointed out that this case could be tabled for as long as six months. Mayor Pro Tem Turner then made a motion to reconsider the motion to close the hearing, seconded by Council Member Kennedy and passed unanimously. Mayor Pro Tem Turner then revised her motion to delay action on Application No. 383-10 for no longer than a six month period; seconded by Council Member Hawkins; and passed unanimously. Mayor Pro Tem Turner also requested that a sign be placed in front of the property to be rezoned so that everybody in the area would be aware of the fact that it is being considered for zoning to "B-4". * * * * * * * * * * * * * * * * * * * * Application No. 383-11, Trinity Baptist Church, for a change of zoning from "R -1B" One -family Dwelling District to "AB" Professional Office District on Block A, Park Terrace Subdivision, located on the northwest corner of McArdle and Everhart Roads. Mr. Utter informed the Council that in response to the 21 notices of the public hearing, one in favor and none in opposition had been returned. He stated also that the Planning Commission recommends approval but the Planning Staff recommends denial because they feel that an office use in this area is inconsistent with the adjoining use, which is an elementary school. They also had expressed concern due to the fact that Everhart Road is already facing congestion which has been observed to produce queing in excess of 1400' from the intersection of McArdle during rush hour and the increase in traffic generation would produce additional congestion plus increase the potential safety hazard to school children in the area. Mr. Wenger located the area on the zoning and land use map, described the land use in the surrounding area and showed slides of the area. Council Member Gulley inquired if there was any opposition expressed by Corpus Christi Independent School District, and Mr. Utter replied that Mr. J. M. Pierce of CCISD had responded in favor of the change of zoning. Council Member Dumphy inquired about suggestions from the staff as to what could be done about the traffic on Everhart Road. Mr. Wenger stated that the Planning Staff has considered the possibility that Everhart would be made one way at some future date. Mi. _es Special Council Meeting April 13, 1983 Page 4 Mayor Pro Tem Turner expressed the opinion that "AB" zoning would be logical for this property. Mr. Dave Evans, an associate with Joe Adame Realty Company, pointed out that the trend is pretty well set because there are many offices located on this street in this particular area. He stated that they have discussed their plans with the neighbors and Mr. Pierce of CCISD was only concerned that there be a screening fence erected between the subject property and the school and none of the other neighbors expressed opposition to the change of zoning. He pointed out that churches are tax exempt and this church has not paid taxes for years and if a change of zoning is approved, additional revenue from taxes would be generated. He stated that Mr. R. C. Allen plans to use the existing building with an entrance only on Everhart but the major entrance and exit would be from McArdle Road. Reverend Don Richey, 6506 Brookhampton, Pastor of the Trinity Baptist Church, stated that this church has a membership of 756. He explained that when the Church moved to this location, no houses were located their but it has since become very crowded and congested in the area. He stated that he understands the staff's concern about traffic but there church is decreasing in numbers and they need to relocate so that their membership can be revitalized at a new location which they have purchased on Airline Road. No one else spoke in regard to this zoning application. A motion was made by Council Member Kennedy that the hearing seconded by Council Member Hawkins and passed unanimously. A motion was made by Council Member Dunphy that Application No approved for "AB" zoning as recommended by the Planning Commission; Council Member Hawkins; and passed unanimously. be closed, . 383-11 be seconded by City Secretary Read polled the Council for their vote on the ordinance it passed as follows: ORDINANCE NO. 17569: and AMENDING THE ZONING ORDINANCE UPON APPLICATION OF TRINITY BAPTIST CHURCH BY CHANGING THE ZONING MAP IN REFERENCE TO BLOCK A, PARK TERRACE SUBDIVISION BY _H LACING THE ZONING FROM "R -1B" ONE -FAMILY DWELLING DISTRICT TO "AB" ONAh OFFICE DISTRICT; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Dumphy, Gulley, Hawkins, Kennedy and Zarsky voting "aye". * * * * * * * * * * * * * * * * * * * * s Special Council Meeting April 13, 1983 Page 5 Application No. 383-12, Candystick of Corpus Christi, Inc., for a change of zoning from "R -1B" One -family Dwelling District to "8-2" Multiple Dwelling District being 9.64± acres out of Share 3 out of the John Harney Partition, located at the end of Lott Avenue in a future unit of Callicoatte Estates. Mr. Utter stated thattwo notices of the public hearing had been held and none had been returned and that both the Planning Commission and Planning Staff recommend approval. No one 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 Zarsky and passed unanimously. A motion was made by Council Member Gulley that the zoning of "8-2" be approved for Application No. 383-12, seconded by Mayor Pro Tem Turner and passed unanimously. City Secretary Read polled the Council for their vote on the ordinance and it passed as follows: ORDINANCE NO. 17570: AMENDING THE ZONING ORDINANCE UPON APPLICATION OF CANDYSTICK OF CORPUS CHRISTI BY CHANGING THE ZONING MAP IN REFERENCE TO 9.64± ACRES OUT OF SHARE 3 OUT GE THE JOHN HARNEY PARTITION, FROM "R -1B" ONE -FAMILY DWELLING DISTRICT TO "R-2" MULTIPLE DWELLING DISTRICT; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Dumphy, Gulley, Hawkins, Kennedy and Zarsky vo+.:-ng bekng cc M _y'cr Pao Ter. 'I'T!rc zr, the meeting was adu