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HomeMy WebLinkAboutMinutes City Council - 07/06/1983 - SpecialMINUTES CITY OF CORPUS CHRISTI, TEXAS COUNCIL CHAMBERS SPECIAL COUNCIL MEETING JULY 6, 1983 4:50 p.m. Present Mayor Luther Jones Mayor Pro Tem Betty N. Turner Council Members Jack K. Dumphy *Herbert L. Hawkins Dr. Charles W. Kennedy Absent Bob Gulley Cliff Zarsky 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 meeting was to conduct public hearings on five 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. 1. Application No. 583-2, Mr. Ben Grande: for a change of zoning from "1-2" Light Industrial District to "B-4" General Business District on Lot 2-A, Block 2, Seikel Addition, located on the southeast corner of Agnes and Eleanor Streets. Assistant City Manager Tom Utter informed the Council that the 20% rule is in effect on this case and six affirmative votes of the Council will be required to approve the change of zoning. He noted that only five members of the Council are present and suggested that testimony be taken on this application and that the public hearing be recessed until the entire Council is present. Mr. Utter stated that of the fourteen notices of the public hearing that had been mailed, one in favor and three in opposition had been returned and that both the Planning Commission and Planning Staff recommend denial. He stated however that the staff has meet with the applicant and it has been determined that there are some extenuating circumstances and a compromise has been worked out so that a special permit could be approved subject to the applicant presenting a site plan to convert the existing residential structures to a fiveplex. Mr. Larry Wenger, Director of Planning, located the area on the zoning and land use map, described the land use in the surrounding area and showed MICROFILMED SEP 1919ai .tes Special Council Meeting July 6, 1983 Page 2 slides of the vicinity. Mr. Wenger explained that on this tract of land are two office structures which face Agnes and on the rear portion of the lot there are two structures, one of which is a duplex and one is a single family dwelling. He stated that the "1-2" zoning would not allow residential structures and the staff has worked out a compromise with the property owner to connect the two residential structures and to convert them to a fiveplex for rental purposes. Mayor Jones called on the applicant to speak. Mr. Ben Grande, 1021 Chamberlain, expressed appreciation to the staff for working with him to resolve the problem and indicated that he would like to have a decision as soon as possible. Mr. Wenger stated that approval of the special permit would require six affirmative votes of the Council. A motion was made by Mayor Pro Tem Turner that the hearing be recessed for two weeks; seconded by Council Member Kennedy; and passed unanimously. * * * * * * * * * * * * * * * * * 2. Application No. 683-3, Mr. R. V. Ashlock: for a change of zoning from 11R -1B" One -family Dwelling District to "T -1C" Mobile Home Subdivision District on Lot 28, Section 49, Flour Bluff and Encinal Farm and Garden Tracts, located between Purdue Road and Glenoak Drive. Mr. Utter informed the Council that in response to the twenty-one notices of the public hearing, one in favor and two in opposition had been returned and that both the Planning Commission and Planning staff recommend approval. 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 Hawkins and passed unanimously. City Secretary Read polled the Council for their vote on the ordinance effecting the change of zoning and the following ordinance was passed: ORDINANCE NO. 17693 AMENDING THE ZONING ORDINANCE UPON APPLICATION OF R. V. ASHLOCK BY CHANGING THE ZONING MAP IN REFERENCE TO LOT 28, SECTION 49, FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS, FROM "R -1B" ONE -FAMILY DWELLING DISTRICT TO "T -1C" MOBILE HOME SUBDIVISION DISTRICT; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Dumphy, Hawkins and Kennedy "aye"; Gulley and Zarsky "absent". * * * * * * * * * * * * * * * * * * Les Spacial Council Meeting July 6, 1983 Page 3 3. Application No. 683-4, Mr. Jack Martin, Trustee: for a change of zoning from "R -1B" One -family Dwelling District to "B-1" Neighborhood Business District on the southeast 2/3's of Lot 11, Block 6, Gardendale Unit 1, Iccated on the north side of Cain Drive, approximately 237' west of S. Staples Street. Assistant City Manager Utter stated that seventy notices of the public hearing had been mailed and six in favor and none in opposition had been returned. He informed the Council that the Planning Commission recommends approval, but the staff recommends denial. 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 vicinity. He explained that the staff recommends denial because they are concerned that this zoning would extend into a totally residential area. Mr. Jack Solka, speaking on behalf of the applicant, displayed the plan for a commercial business project. He informed the Council that several residents of the area attended the Planning Commission hearing and indicated that they are in favor of this zoning, primarily because of the unslightly condition of the lot across from this area. He noted that the existing use of property across from his client's is a Circle K in one portion and a large vacant lot that is not kept in good order. He pointed out the lots on which a mattress factory is located which also detracts from the appearance of the property in the application. He stated that they hoped to combine additional property and replat it into one lot. One of the applicants, Mr. Bob Steele, stated that some of the residents of the residential area are present and have indicated their support of the change of zoning to "B-1". Mayor Pro Tem Turner suggested that traffic be prohibited into the residential area by having a left turn lane only requirement. Mr. Solka continued by stating that the applicants will comply with everything that Mr. Tom Stewart requires as far as traffic pattern is concerned. He also stated that they will provide screening fences between their property and the residential area. He informed the Council that the developer preferred a change of zoning to a special permit because it is difficult to work within the requirements of a special permit and it is almost impossible to obtain financing under those conditions. He also assured the Ccuncii that they will resolve the drainage problem on the adjacent property. Mrs. Eileen Rutledge stated that she lives across the street on the side of Cain Drive. She pointed out the large area owned by Gardendale Baptist Church which consists of several lots adjacent to her property. She stated that they are anxious to see this development move forward since the Church is going to build a senior citizens center and the residents are of the opinion that this development will blend very well with the senior citizens home. Mr. Joseph Sisto, 5506 Cain, stated that he is in favor of the rezoning but wanted to ask one question and inquired if this rezoning would affect his tes Special Council Meeting July 6, 1983 Page 4 category as a hor: eowrer, noting that he would be concerned if he could not claim a homestead exemption. Mayor Jones assured him that this change of zoning would not affect his property in that manner. Mr. Iva! Rutledge, 5437 Cain, expressed the opinion that this property would never be developed for residential use and they would like to have this development because they feel that it would improve the neighborhood. 1 -le urged approval of the request. 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 Dunphy and passed unanimously. A motion was made by Mayor Pro Tem Turner that the zoning of "B-1" be approved for Application No. 683-4, seconded by Council Member Dumphy and passed unanimously. City Secretary Read polled the Council for their vote on the ordinance and it passed as follows: ORDINANCE NO. 17694: AMENDING THE ZONING ORDINANCE UPON APPLICATION OF JACK MARTIN, TRUSTEE, BY CHANGING THE ZONING MAP IN REFERENCE TO A PORTION OF LOT 11, BLOCK 6, GARDENDALE UNIT 1, FROM "R -1B" ONE -FAMILY DWELLING DISTRICT TO "B-1" NEIGHBORHOOD BUSINESS DISTRICT; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Dumphy, Hawkins and Kennedy "aye"; Gulley and Zarsky "absent". * * * * * * * * * * * * * * * * * 4. Application No. 683-6, Mr. Pat Rogers, Trustee: for a change of zoning from "A-1" Apartment House District to "B-5" Primary Business District on Lots 1-6, Block 5, South Beach Addition, located along the west side of S. Chaparral Street between Kinney and Born Streets. Assistant City Manager Utter informed the Council that both the Planning Commission and Planning Staff recommend approval on this application. Mayor Jones ascertained that no one in the audience wished to speak in opposition to this zoning request. ,tes Special Council Meeting July 6, 1983 Page 5 A motion was made by Mayor Pro Tem Turner that the hearing be closed, seconded by Council Member Kennedy and passed unanimously. City Secretary Read polled the Council for their vote on the ordinance effecting the change of zoning and it passed as follows: ORDINANCE NO. 17695: AMENDING THE ZONING ORDINANCE UPON APPLICATION OF PAT ROGERS, TRUSTEE, BY CHANGING THE ZONING MAP IN REFERENCE TO LOTS 1 - 6, BLOCK 5, SOUTH BEACH ADDITION, FROM "A-1" APARTMENT HOUSE DISTRICT TO "3-5" PRIMARY BUSINESS DISTRICT; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Dumphy, Hawkins and Kennedy "aye"; Gulley and Zarsky "absent". * * * * * * * * * * * * * * * * 5. Application No. 683-7, Dr. Dale Rasco: for a change of zoning from "3-1" Neighborhood Business District with "SP" Special Permit to "3-4" General Business District on Lot 14, Block B1 , Pope Place Unit 1, located on the east side of Doddridge Street, approximately 150' north of S. Staples. Assistant City Manager Utter informed the Council that in response to the thirteen notices of the public hearing, six in favor and none in opposition had been returned and that the Planning Commission and Planning Staff recommend denial, but that a revised special permit be approved in accordance with a site plan. No one spoke in regard to this application. A motion was made by Mayor Pro Tern Turner that the hearing be closed, seconded by Council Member Dumphy and passed unanimously. City Secretary Read polled the Council for their vote on the ordinance and it passed as follows: ORDINANCE NO. 17696: AMENDING THE ZONING ORDINANCE UPON APPLICATION OF DALE RASCO BY GRANTING A SPECIAL COUNCIL PERMIT FOR A VETERINARY CLINIC ON LOT 14, BLOCK 31, POPE PLACE UNIT 1; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Dumphy and Kennedy "aye"; Gulley, Hawkins and Zarsky "absent". *Council Member Herbert Hawkins departed the meeting at 5:15 p.m. * * * * * * * * * * * * * * * * * * * * * There being no further business to come before the Council, on motion by Mayor Pro Tem Turner, seconded by Council Member Dumphy and passed unanimously, the Special Council Meeting was adjourned at 5:30 p.m., July 6, 1983.