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HomeMy WebLinkAboutMinutes City Council - 09/01/1982 - SpecialMINUTES CITY OF CORPUS CHRISTI, TEXAS SPECIAL COUNCIL MEETING SEPTEMBER 1, 1982 2:110 P.M. PRESENT: Mayor Luther Jones Mayor Pro Tem Betty N. Turner Council Members: Jack K. Dumphy Bob Gulley Herbert L. Hawkins, Jr. * Dr. Charles W. Kennedy Cliff Zarsky Oao City Manager Edward Martin City Attorney J. Bruce Aycock City Secretary Bill G. Read Mayor Luther Jones called the meeting to order in Exposition Hall and stated that the purpose of the meeting was to conduct public hearings on four zoning applications. City Secretary Read called the roll of required Charter Officers and verified that the necessary quorum was present to conduct a legally constituted meeting. Assistant City Manager Tom Utter announced the public hearing on Application No. 882-4, Enterprise Development, for a change of zoning from "A-1" Apartment House District, "AB" Professional Office District and "R -1B" One -family Dwelling District to "AB" Professional Office District on a 3.0 acre tract of land out of Lot 8, Section 12, Flour Bluff and Encinal Farm and Garden Tracts, located on the northwest side of Airline Road, approximately 500' north of Lyons Street. Mr. Utter stated that both the Planning Commission and the Planning Staff recommend approval and there was no response to the notices of the public hearing. Mayor Jones ascertained that no one in the audience wished to speak 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. MICROFILMED SEP 191984 Minutes Special Council Meeting September 1, 1982 Page 2 A motion was made by Council Member Dumphy that the Council concur with the recommendation of the Planning Commission and grant the zoning of "AB" for Application No. 882-4; seconded by Mayor Pro Tem Turner; and passed unanimously. ********** Mr. Utter announced the public hearing on Application No. 882-5, Mr. J. E. Brown, for a change of zoning from "R -1B" One -family Dwelling District to "1-2" Light Industrial District on property being a portion of Tract No. 7, Nueces Acres, located on the north side of Haven Drive, approximately 1,100' east of Violet Road. Mr. Utter informed the Council that both the Planning Commission and the Planning Staff recommend denial, and that in response to the notices of the public hearing, one in favor and one in opposition were returned. Mr. Gary Dumas, Senior Planner, 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 has requested the change of zoning in order to continue house and septic cleaning service that is in existence at this loction at this time. Mr. J. E. Brown, the applicant, stated that he has operated this business out of his home for the past thirty years; it is his sole occupation; he has two trucks; and the City has requested that he cease operation because of the use in a residential area. Mayor Jones inquired of Mr. Brown if new houses have been constructed near him, and Mr. Brown replied that only one has been constructed, which is about 600 feet from his location. Mr. Brown then requested that the Council consider a special permit if the change of zoning could not be granted. Council Member Zarsky inquired if the business was in operation at the time the City annexed this area, and Mr. Brown explained that it was not at this location at the time the City annexed this area. Mayor Jones commented that according to the Planning Commission Meeting Minutes, the Inspection Department received a complaint of the use of this property. Mr. Utter stated that the Staff did not know who had registered the complaint. Minutes Special Council Meeting September 1, 1982 Page 3 Mr. Brown pointed out to the Council that he collects a waste hauling charge for the City; he is bonded and has a permit. He stated that the complainant objected to his washing his trucks in the driveway. He assured the Council that he has no intention of expanding his business and will continue to operate with the two trucks. Mayor Pro Tem Turner inquired if the recommendation for denial is based on incompatibility of the operation for this area. Mr. Dumas explained that the reason this zoning application is before the Council is that the Building Inspection Department responded to a complaint of a neighbor; litigation is pending in Municipal Court; it has been delayed in order to provide time for Mr. Brown to seek a permit to continue the operation here; and the only way it can be continued is by a change of zoning. * Council Member Kennedy arrived at the meeting at 2:50 p.m. Mr. Dumas pointed out to the Council that the operation of this type of business is not allowed except in "1-2" zoning. No one else spoke in regard to this zoning application. A motion was made by Mayor Pro Tem Turner that the hearing be closed, seocnded by Council Member Hawkins, and passed unanimously. Mayor Jones noted that Mr. Brown is evidently a victim of growth of the City since the City has grown out to his location. He expressed the opinion that the Planning Commission's recommendation is correct. A motion was made by Mayor Pro Tem Turner that the zoning of "1-2" be denied, seconded by Council Member Gulley. Council Member Zarsky suggested that a special permit be considered for this operation if Mr. Brown has a garage to keep his trucks from view of the neighbors and if he does not clean his trucks there. Council Member Hawkins indicated that he was in favor of a special permit in compliance with an approved site plan. Mayor Jones called for the vote on the motion to deny the application and it passed by the following vote: Jones, Turner, Gulley and Kennedy voting "Aye"; Dumphy, Hawkins and Zarsky voting, "Nay". The application for change of zoning was denied. Further discussion followed on this case in regard to the possibility of granting a special permit for this particular use. Minutes Special Council Meeting September 1, 1982 Page 4 City Attorney J. Bruce Aycock ruled that in the event the Council wished to reconsider their action, one of the Council Members who voted to deny the application could make a motion to reconsider the action taken. Council Member Kennedy inquired if a site plan could be required which would allow the applicant to continue his operation, and Mr. Utter stated that it could. A motion was made by Council Member Kennedy to reconsider the action taken, seconded by Council Member Hawkins and passed by the following vote: Dumphy, Hawkins, Kennedy and Zarsky voting, "Aye"; Jones, Turner and Gulley voting, "No". A motion was made by Council Member.Kennedy that the Council deny the zoning of "1-2" but in lieu thereof, grant a special permit according to an approved site plan; seconded by Council Member Hawkins. Mr. Utter pointed out that the ordinance granting the special permit would require five affirmative votes of the Council since the recommended permit is not in accordance with the Planning Commission's recommedation. The motion to grant a special permit passed by the following vote: Dumphy, Hawkins, Kennedy and Zarsky voting, "Aye"; Jones, Turner and Gulley voting, "No". ********* Assistant City Manager Utter announced the public hearing on Application No. 882-8, French -Ellison, for a change of zoning from "F -R" Farm Rural District and "R -1B" One -family Dwelling District to "I-2" Light Industrial District on Lot 1, Block 1, Caja Industrial Development, located at the northwest corner of No. Padre Island Drive and Bear Lane. Mr. Utter stated that both the Planning Commission and the Planning Staff recommend approval and that in response to the five notices of the public hearing sent to property owners, one in favor and none in opposition had been returned. No one spoke in regard to this application. A motion was made by Council Member Hawkins that the hearing be closed, seconded by Mayor Pro Tem Turner, and passed unanimously. A motion was made by Council Member Hawkins that the Council concur with the recommendation of the Planning Commission and the Planning Staff and grant the zoning of "I-2" for Application No. 882-8; seconded by Mayor Pro Tem Turner; and passed unanimously. Minutes Special Council Meeting September 1, 1982 Page 5 Assistant City Manager Utter announced the public hearing on Application No. 882-7, Spohn Hospital, for a change of zoning from "A-1" Apartment House District and "AB" Professional Office District to "B-1" Neighborhood Business District on Lots 6-22, Block 6, Del Mar Subdivision, located south of Ayers Street, between 2nd and 3rd Streets. He stated that the 20$ rule is in effect. Mayor Jones stated that since there are a large number of people who wished to speak in regard to this case, the applicant will be permitted to speak first; those within 200 feet of the area will be allowed to speak next; and then every member of the audience who desires to do so will be given an opportunity to speak. He noted that in this case, there is an association called, Del Mar Association and representatives of that association will be allowed to speak after the residents within the 200 feet of the area. He expressed appreciation to the interested citizens who were present in the audience even though this is a very difficult case for both the Council and the residents of the area. Mayor Pro Tem Turner read into the record her position statement in connection with this zoning application: "This statement is made pursuant to Section 5 of the City's Code of Ethics adopted by the Council on July 7, 1982. "In the matter of the application of Spohn Hospital to build a parking garage between 2nd and 3rd street, between Cole Street and Ayers Street, it is my firm belief that my participation to any extent in consideration of the matter would constitute a conflict of interest within the plain language and intent of Section 5 of said Code of Ethics. My husband and I own two parcels of improved property on the west side of 3rd street, between Cole Street and Ayers Street, and in close proximity to the property which is the subject of Spohn Hospital's application, both purchased before the application of Spohn was made or known of. "Both the City Staff and my attorney have advised me that casting a vote of abstention could very well be construed as voting on or otherwise participating in the consideration of the matter, contrary to the requirements of said Section 5 of the Code of Ethics. Accordingly, it is my personal decision to completely disqualify myself from any participation whatsoever in the Spohn Hospital Application. "My actions are not intended to be taken as either supporting or opposing the Spohn Hospital Application. In view of my position, any inquiry as to whether I support or oppose the application is completely irrelevant and is a matter to which I shall not respond." Mayor Pro Tem Turner then departed the Council Table. Minutes Special Council Meeting September 1, 1982 Page 6 City Secretary Read pointed out that the Council is effectively reduced from seven to six and in order to approve the zoning request, five affirmative votes will be required. Mr. Utter stated that both the Planning Commission and the Planning Staff recommend denial of this request. He stated that forty-two notices of the public hearing were mailed and one in favor and eighteen in opposition were returned. He stated, also, that numerous petitions both for and against this zoning were received from people outside the 200 -foot area. Mr. Dumas 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 Spohn Hospital plans to construct a three-level parking garage which will actually be two stories with the understanding that they will be able to construct an additional level at a later date. He explained that this area consists of a number of various uses; to the south are duplexes and single-family homes; and some small business are located in the area. He stated that the garage will provide parking for six hundred seven cars with the additional parking on the fourth level in the future to increase that parking to 850 spaces. He noted that the garage will front on Ayers Street for 250 feet and 850 feet will be located on third street, which is a one-way street. Council Member Hawkins asked for an explanation of the reason for the recommendation for denial. Mr. Utter responded by making the following statement: "The proposed zoning change suggested to accommodate an employee parking garage has been stirred by a very real need for increased parking in the area. With 1,700 employees and 50,000 patients a year, the Staff recognizes the need to provide off-street parking which can only be satisfied with a multi-level parking facility. "The Staff feels that Spohn's choice of location is not the best location available and will cause major problems in the area adjoining to the south for the following reasons: "First, during the three shifts of the hospital, 1,700 employees parking in this facility assuming only one entrance and exit a day per vehicle, would generate 3,400 vehicle trips a day. Assuming the hospital continues to grow, this number will rise over time. When you consider the current traffic volume on Cole Street between Santa Fe and Third is only 800 vehicles per day, and on Cole between Second and Ocean, only 295 vehicles per day, a major increase in volume can be expected. Secondly, the traffic patterns which will be used to enter the garage will funnel much of this traffic through the residential neighborhood to the south of the hospital. Minutes Special Council Meeting September 1, 1982 Page 7 "Of special importance is the traffic entering the area from north and south bound Ocean Drive, north bound Santa Fe and the traffic exiting south bound on Ocean Drive. All of these routes can expect to increase the traffic through the residential streets south of the garage. "Thirdly, the "AB" and "A-1" zoning of this area was created to buffer the residential area to the south from the high intensity, 24 hour -a -day activity of the hospital. This expansion south will eliminate that transition zone and bring this high activity zone in almost direct contact with the single-family homes in the area. "Lastly, the strong renewal of the housing stock in the area of the Del Mar Addition which lies south of Cole Street, may be adversely affected. Prospective purchasers in this area and other areas of the City may no longer feel safe in investing in renewal of housing if the existing zoning created to protect their single-family areas cannot be expected to be maintained. "Finally, the Staff recognizes the need for increased parking for Spohn Hospital, but the location south of the hospital has negative impacts. The Staff recommends denial of this rezoning application and suggests the location of the garage be north of Elizabeth Street where better traffic circulation, more compatible uses exist, and a safer pedestrian crossing can be achieved." Mr. Utter continued by stating that the location of the proposed garage south of the hospital does not allow much flexibility in traffic pattern no matter how the exits and entrances are designed because the traffic will go back into the residential area and the Staff sees no solution to that problem. Council Member Hawkins inquired if there is no right -turn lane on second and the entrance is on Ayers, would that not eliminate the necessity to go into the residential area. Mr. Utter replied that that would reduce the traffic through the neighborhood. He informed the Council that this was not discussed with Spohn Hospital officials, but the Staff would be glad to work with Spohn on another location or other exits and entrances. Mayor Jones invited the applicants to speak at this time. Sister Kathleen Coughlin, Administrator of Spohn Hospital, displayed a map showing all of the areas owned by Spohn Hospital, describing the various uses. She explained that they propose to build the three-level garage on the existing parking lot that now accommodates 230 vehicles. She explained that Spohn Hospital has just completed a major expansion project and they will have the dedication later in September. She pointed out that there is a necessity to serve the additional 102 -bed facility and informed the Council that the Board in January of 1981 employed a group of engineers to perform a study and a traffic survey. Minutes Special Council Meeting September 1, 1982 Page 8 Sister Kathleen referred to the suggestion that the parking garage be constructed on Lot 1 on Elizabeth Street and stated that the Board of the Hospital chose not to use this lot for parking. She related that the hospital had approached the City to close 2nd Street, noting that their request was based on the fact that this closing would give them additional parking space. She stated that they had decided not to construct the parking garage on Elizabeth Street because the City plans to improve Elizabeth Street and make it a four -lane street, which would greatly increase traffic particularly when Marina del Sol will eventually be fully occupied. She explained that the hospital also examined the possibility of constructing an overpass to this area into the hospital but this would be too expensive and would make it necessary for people to enter the patient area of the hospital. Sister Kathleen also stated that they have been studying how Spohn Hospital can expand to increase patient services and they have given some consideration to using Spohn Towers on Elizabeth Street, which is now occupied by physicians for patient services, and construct a new round tower for the displaced positions next to the present medical plaza building. She also mentioned several other possibilities to move services into the Spohn Towers complex and if a garage is built there, the hospital would have to find a place for 1,700 employees to park. She stated that they felt that they would have to charge for parking if it is open to the public, and according to the Coastal Bend Hospital Authority, they cannot construct a profit-making garage with funds derived from the tax-exempt bond sale authorized by that Authority. She stated that eventually, they may have to move physicians out of the Spohn Hospital round building but not any time soon and noted that there are problems in acquiring the last two lots because the ownership of the Tots is in dispute due to court proceedings establishing the ownership of the lots. She summarized by stating that the lot on Ayers, 2nd and 3rd Streets was selected because there is already a parking lot located there and they plan to build a two-story, three-level parking garage with the possibility of constructing a third floor to the garage at some future date. She stated that the capacity of the garage will be 651 vehicles. She expressed the opinion that they do not believe that this garage would increase traffic because the traffic is already there; employees arrive long before visitors do and park in the visitors' parking lot; and visitors are forced to circle around and around Minutes Special Council Meeting September 1, 1982 Page 9 the hospital complex many times searching for a parking place. She explained that they plan to use a decal system for employees to allow them to park in the new garage. She pointed out that there are a lot of women employees at the hospital who arrive there late at night and the parking garage would provide security for them. Sister Kathleen pointed out that the property in question is already zoned "AB" and "A-1" and an apartment complex or professional office building could be constructed there which would also increase traffic. She agreed that concern has been expressed about employees driving through the residential area to arrive at the proposed parking garage, but because of the hours of employees, they are already at work by 7:45 and they do not interfere with other traffic. She explained that they plan to have a no -right turn prohibition on 2nd Street. She stated that they have met with the neighbors and attempted to work out their concerns, promising them that the garage will be an aesthetically pleasing building; they will landscape the area; Spohn is interested in improving the facility; they are one of the major employers in the City; and Spohn has grown and will continue to grow. She then presented a petition signed by 589 visitors and patients to the hospital, which were obtained during the past month. She requested that those who are in support of the Spohn zoning change stand, and approximately one-half of the people present stood up. Council Member Kennedy referred to Spohn's long-range plans for expansion and inquired when this particular plan was finalized. Sister Kathleen replied that they have a plan that was initiated three years ago which will take care of their needs until 1990. Council Member Kennedy then inquired as to what other land acquisition is planned for the years up until 1990, and Sister Kathleen replied that they do not have any plans to purchase any more property on Ocean Drive. She stated that they have not specifically made plans but they would probably purchase property on the 2nd Street side if it becomes available. Council Member Kennedy inquired of Sister Kathleen if the hospital has any plans to purchase property south of Cole Street, and Sister Kathleeen replied that they do not plan at this time to purchase any more property south of Cole. Minutes Special Council Meeting September 1, 1982 Page 10 Discussion followed between Sister Kathleen and the Council Members in regard to the number of employees on each shift and their parking needs. The next speaker was Mr. Hayden Head, a member of the Board of Trustees of Spohn Hospital, who stated that he was also representing an owner of property in the Del Mar area. Mr. Head stated that the Board of Trustees has studied the parking problems carefully; something must be done to relieve the congestion; and stated that he has read about the controversy that has ensued following this request and the criticism levied that the hospital has no long-range plan. He stated that he is the Chairman of the Planning Commission and they had originally plan to construct a parking garage as a public garage. He explained that following the study which was made on the parking problems, it was decided that it would be far more feasible financially to build a small garage for employees and leave the other Tots for visitor parking. He explained that the economics dictated moving the parking garage to the south because the parking lot already exists at this location. He explained that the present Board of Trustees made the decision that Spohn will never acquire any land south of Cole Street, but admitted that the Board of Trustees could change in the next twenty years. He reiterated that he saw no reason why Spohn Hospital should even consider acquiring land south of Cole Street. Mr. Head continued speaking on behalf of the Trustees and referring to the lot at the corner of Del Mar and Santa Fe. He stated that they are in the process of acquiring other property. He also noted that it is their feeling that the appearance of the entire area will be vastly improved by the location of a parking garage at the subject location. He expressed the opinion that the parking flow could not be diverted away from the residential property to the north. He referred to Mr. Utter's statement that the proposed location of the garage is not the best location but pointed out that Spohn Hospital has been at this location since 1923; the City grew around them; and they have no way to move. He assured the Council that a great deal of thought was given to the location of the garage. Council Member Kennedy inquired of Mr. Head if he would object to binding the Board of Trustees to an agreement to the effect that they would not attempt to acquire property south of Cole Street for twenty-five years. Mr. Head stated that he could not do that without formally discussing it with the Board. Minutes Special Council Meeting September 1, 1982 Page 11 Council Member Kennedy continued and asked if the Board of Trustees would be willing to go on record as stating that they, as a Board, would enter into a Tong -term agreement for twenty-five years not to purchase property south of Cole Street. Mr. Head again stated that he could not speak for everyone on the Board, he could only speak for himself. He stated that he, personally, did not think that Spohn should expand south of Cole Street. Council Member Kennedy continued and inquired as to the type of commitment Spohn Hospital would be willing to make as far as buffering the southern end of the block where the parking garage is proposed to be located. He noted that all three lots in that area are owned by the Sisters of the Catholic Order and inquired if a buffer could be provided between the parking garage and the residential area. Mr. Head declined to make any commitment at this time. Council Member Kennedy then inquired about the plans for the house located at 3rd Street and Cole, and Sister Kathleen stated that it is a rental house and they have no plans for it other than to rent it. Mayor Jones inquired if the Hospital Board had made any provisions for the next twenty years for increases in the number of beds, and Mr. Head replied that the Board made a commitment that they would have the best hospital, not the largest, in South Texas. He stated that they predict that in the middle of this decade, they will need an additional 200 beds to meet the needs of the Community, since they have 94$ occupancy rate at this time. Also speaking on behalf of the request was Mr. Meryl Boucher. He stated that members of his family have been patients of the hospital many times; the hospital has grown to meet the needs of the community; parking has always been a problem; and he was of the opinion that the plan to construct the parking garage is an excellent idea. He also stated that he was of the opinion that the garage will be an improvement in the neighborhood and will provide a safety measure for employees and visitors. He urged approval. Ms. Dolores Diaz, a nurse at Spohn Hospital, urged approval of this application due to the fact that there is such a need for employee parking at the hospital, both from a safety standpoint and a convenience. She pointed out that the lack of safe parking makes it difficult to recruit nurses from other cities. Minutes Special Council Meeting September 1, 1982 Page 12 Dr. Jimmy Barnard, Sr., also spoke in favor of the application and emphasized the fact that Spohn Hospital does exist; there are 1,700 employees; the hospital has a $30 million payroll and is a big industry; and the employees have to have a place to park. He pointed out that it would be legal for the employees to park all through the neighborhood in the Del Mar Addition, and the only solution to the problem is to construct a multi -story parking garage. Mr. J. W. Gary, Attorney representing Spohn Hospital, provided the history of the location of the hospital on Ocean Drive in this area. He explained the changing conditions that have occurred and displayed a plat of the Del Mar Subdivision. He pointed out the location of the hospital in relation to the subdivision and noted that "B-4" zoning was granted on a number of pieces of property in the area and that zoning of "A-1", "B-2", "AB" also exist in the subdivision. He also pointed out that the hospital is not the only generator of traffic and pointed out that there are many employees entering the downtown area who drive down Staples, Ayers and Santa Fe and throughout this area to get to work. He expressed the opinion that a number of the people who are opposed to this parking garage are actually opposed on principle, not because of their real concern about increasing traffic. He noted that one resident, in particular, a Mr. Clifford, purchased his home after 1972 when there was already "B-4" zoning in existence. He expressed the opinion that because of the ownership of Block B by Mr. and Mrs. Countiss, more than likely, it would be impossible for Spohn to expand south of Cole Street. He stated that he felt that it would be preferable for people to drive down 3rd Street to get to the parking garage, rather than driving throughout the neighborhood in an attempt to find a parking place. He pointed out that the parking garage at the requested location is the only place that will not impede the future expansion of Spohn Hospital. Mr. Clifford Cosgrove also spoke in favor of the rezoning because the garage is so badly needed. Mayor Jones invited those who reside within the 200 -foot area to speak at this time. Mr. Dewey Pinegar, 5722 Hinman, stated that he represents the owners of lots 4 and 5, Block 6, one of whom is his mother-in-law and the other, his aunt. He stated that the lots are between 2nd and 3rd and 2nd and Cole; and Minutes Special Council Meeting September 1, 1982 Page 13. the existing parking lot for Spohn is located adjacent to their property. He stated that Mr. Boucher had indicated that the property in the area is dilapidated and he specifically took exception to that because they have just spent $4,000 renovating the two houses in question. He stated that he is concerned about the safety of the children who live in this area with the possible increase in traffic if the garage is constructed. He pointed out that it is obvious that the present parking lot does not meet the needs of the people who work at Spohn Hospital and obviously, the planned parking garage will not do so either; therefore, he is of the opinion that once the zoning is approved, a very Targe parking garage will be built. He suggested that an alternative to this location be considered. Also speaking in opposition to the zoning request was Mr. Russell Reeb, 1748 Third Street. He questioned the drainage problem that will be created if this large parking garage is built, noting that there is already a drainage problem in the area when it rains, particularly when cars go down the street and water is standing from curb to curb. Mrs. Perry E. Burkett, 1736 Santa Fe, stated that her mother lives on Clifford Street and she is opposed to the parking garage. She stated that she feels that there are other alternatives. She questioned the statement that when the parking garage is constructed, the safety problem for nurses will be solved pointing out that a large enclosed building such as this garage will be a perfect place for unauthorized people to hide. She also expressed concern about the increase in the drainage problem. She stated that people in the neighborhood are beginning to be completely overshadowed by Spohn Hospital, which continuously expands. Mrs. Gertrude Thatcher, 118 Cole Street, stated that her house is a duplex, and even though it is listed as rental property, it is still her home. She explained the use of other houses in the neighborhood, pointing out that many of the apartment houses are owner occupied. She informed the Council that Spohn Hospital moved across Ayers Street in the 1960s, and at that time, they were told by the hospital's agent that they only needed eight to ten parking spaces for their radiology lab. She related how the sisters have continued to purchase residential property in the entire area, then after they acquire the property, they decide to use the lots for parking. She also Minutes Special Council Meeting September 1, 1982 Page 111 pointed out that the sisters do not maintain the property that they have acquired and that is the reason so many of the houses are so unattractive. She pointed out that no one can stop Spohn expansion into the neighborhood except the City Council because the hospital Trustees will continue to expand and purchase property. She referred to their statement that they will provide landscaping, but pointed out that they have never done so on any of their other pieces of property. Mr. Richard Stone, Attorney representing Mrs. Sam Countiss, pointed out that the trained Planning Department Staff has already covered the main points as to why this is not the proper location for a parking garage. He pointed out that there are other needs for this community besides hospital beds and that is a need for residences. He reminded the Council that the City Staff has found an area called Del Mar Addition, which is experiencing a rebirth of a declining neighborhood since most of the houses are being renovated. This is being accomplished under the encouragement of the City. He explained that the area is occupied with young couples who have purchased homes and intend to raise their families there, and they are working very hard to renovate the entire neighborhood. Mr. Stone then displayed an aerial map and pointed out that this is an area of homes and professional offices and that it is really very attractive neighborhood. He reminded the Council that the City Staff expressed concern about the loss of a buffer zone and noted that a parking garage is never very attractive. He pointed out that the City Staff has noted that there can be no substantial change made to the entrance on Ayers, 2nd or 3rd Streets that will alleviate the hazardous traffic situation. He reminded the Council that Mr. Head and Mr. Gary are not traffic experts and urged that the Council listen to their own City Staff. He noted that if Spohn Hospital needs parking facilities, this is the result of a problem created by Spohn Hospital, not by the residents of Del Mar. He pointed out that the hospital has only presented one solution whereas a number of other solutions are possible. He pointed out also that their own engineering firm recommended a parking lot on Lot 2, which goes from Elizabeth Street to Morgan Street. He reminded the Council that a spokesman for Spohn Hospital had stated that the requested location was determined because of economics. He urged the Council to deny this request and allow Spohn to provide another plan as well as a master plan for their future expansion. Minutes Special Council Meeting September 1, 1982 Page 15 The next speaker was Mr. Jack Cooper, who first asked the Mayor to clarify to the audience the effect of Mayor Pro Tem Turner's disqualifying herself in regard to this case. City Attorney Aycock explained that the effect of that disqualification is to reduce the number of the Council to six and stated that five affirmative votes will be necessary to approve the zoning. Mr. Cooper continued his statement indicating he has resided here for many years; he purchased a home in the Del Mar Addition following his return from Jamaica where he served in the Peace Corps; he stated that while he was in Jamaica, he learned that a very few important people can effectively control the law or the City. He stated that after he purchased his home in Del Mar, he discovered that this same situation existed since Spohn Hospital seems to control everything in that area. He informed the Council that the residents of the Del Mar Addition are working very hard to renovate the neighborhood and improve the entire City. He expressed opposition to the zoning request because he is trying to protect his neighborhood from further expansion by Spohn Hospital. He explained how difficult it is for a few residents to fight a large organization such as Spohn Hospital, noting that Sister Kathleen mailed out 9,000 letters to Spohn Hospital patients and workers urging that they support the plan. He also pointed out that the City Staff has explained that there are better locations on property already owned by Spohn Hospital for this parking garage. He noted that there was a reference to deteriorated houses in the area but stated that they are primarily the ones owned by Spohn Hospital because they do not maintain their property and these houses are eyesores. He requested that the Council treat them as equals with Spohn Hospital, noting that this is an excellent opportunity for the Council Members to align themselves with the average citizen who is a resident and particularly, since the Planning Commission and Planning Staff recommended denial of this request. Mr. Paul Duncan, 610 Del Mar, pointed out that there is already a great deal of traffic on the street and anyone exiting the proposed parking garage will probably go right through their neighborhood. Mr. Duncan emphasized the fact that Spohn Hospital wants to contruct a parking lot, which will force their employees to cross Ayers Street rather than constructing a garage on Elizabeth Street where the traffic is not as heavy. Minutes Special Council Meeting September 1, 1982 Page 16 Mr. Charles Boeckman, 322 Del Mar Street, stated that he has resided there since 1953, and that the growth of the area and the renovation is really astounding. He asked that the Council not allow Spohn Hospital to interfere with this renovation and upgrading of their neighborhood. Mrs. Janet Rice, 118 Southern Street, stated that she resides in the Del Mar Addition because of the beauty and because of its proximity to Cole Park and Ocean Drive. She, too, stated that their neighborhood is undergoing a renewal and renovation, and a parking garage is certainly not an asset to this kind of residential neighborhood. She presented some pictures of the houses in the neighborhood of the proposed garage and expressed the opinion that it was not the type of neighborhood that should have a large structure such as this in the vicinity. Mrs. Georgia Nelson, 325 Naples Street, pointed out that the Del Mar residents are here voluntarily, not as a result of letters from Spohn Hospital. She explained that she has lived in the City for many years and enjoys living in this area near town. She, too, pointed out that there are many children in the neighborhood who will be endangered if this parking garage is constructed at the location in the request. She questioned the solution that Memorial Hospital has for parking, noting that that hospital is comparable as far as the number of beds are concerned and pointed out that they have not asked the City to provide a method of obtaining tax-exempt bonds for the construction of a million dollar parking garage. Mrs. Sandy Speed, 433 Palmero, stated that she selected this neighborhood in which to live and it contains people who have lived there for many years; there are young people; and it is a mixed neighborhood that is constantly being improved. She pointed out that there are a number of pedestrians on the streets and increased traffic would present a hazard to them. She stated that this is a neighborhood that it is being reborn and although they expect Spohn Hospital to expand, there is ample room for them to expand north of Ayers Street. She pointed out that the only reason Spohn wants to locate their parking garage at this location is because of economic reasons. She strongly urged that they prepare a master plan for the future expansion so that the residents in the area will know what to expect. Mr. Chuck Anastos, 619 Cole Street, explained that he selected this place to purchase a home because of the beautiful architectural character of the homes Minutes Special Council Meeting September 1, 1982 Page 17 in the neighborhood. He expressed the opinion that the homes are unsurpassed in any neighborhood in the City and this proposed parking garage would be a detriment to the houses in the neighborhood. Mr. Sam Countiss, 144 Del Mar, expressed opposition to Spohn's request because although he understands that there is a need, he suggested that a parking garage could be constructed at another location that would not interfere with so many people. Mr. Charles Roddy, 422 Del Mar, stated that he has lived there for 50 years and he concurs with the remarks previously made. He stated that the parking lot should never have been allowed to be built and the parking garage will certainly be a detriment to the neighborhood. He questioned many of the statements made by Spohn Hospital representatives to the effect that they do not plan to move south of Cole Street. He urged that Spohn Hospital prepare a master plan of their future expansion so that everyone in the area will know where they do plan to expand. Mr. Ray J. Garcia, Secretary of the Nueces County Historical Society, reminded the Council that that organization had recommended that the Del Mar neighborhood be designated a preservation area, noting that this area could become a historic district if it were kept intact until most of the homes become 50 years old. He urged that the request for rezoning for a parking garage be denied. Also speaking in opposition to the zoning request was Mr. Bob Brice, 118 Southern Street, who expressed many of the same opinions as the previous speakers. He, too, urged that the parking garage be located on Elizabeth Street, which will be more convenient to major streets in the area. Mrs. Lee M. Fox, 1805 Third Street, stated that she is the niece of Mr. Wright who developed Del Mar Addition. She urged that the neighborhood be left intact and the request for the parking garage be denied. Mrs. Mark Davy, 4270 Ocean Drive, stated that she is a member of the Landmark Commission, as well as a member of the Nueces County Historical Society, and urged that this renovated neighborhood be allowed to remain as it is and that the zoning request by Spohn Hospital be denied. Others speaking in opposition to the request were: Mr. Ivan Spoor, 1744 Santa Fe and a new resident of the area, Mr. John Yeat. Minutes Special Council Meeting September 1, 1982 Page 18 Mr. Bill Carson, 301 Clifford Street, stated that he resides at the corner of Clifford and Santa Fe. Mr. Carson expressed the opinion that a strong zoning policy should be retained for people in residential neighborhoods so they did not have to constantly worry about Spohn Hospital encroaching into their area. He emphasized the fact that in this particular neighborhood, they have no security because of the encroachment of Spohn Hospital into Del Mar Subdivision. Mr. James Luckett addressed the Council and stated that he resides in Boston, Massachusetts. He referred to a statement made by Sister Kathleen to the effect that the lot at the corner of Santa Fe and Ayers is tied up in an estate that has not been resolved. He informed the Council that this estate is not in litigation; the property can be purchased from his mother and his uncle, who are willing to sell it. He explained that they were contacted at one time by an agent of Spohn Hospital and informed him of this fact, but they have made no attempt to purchase this lot. Mrs. Eleanor Goldston also spoke in opposition and recalled that in 1923, Spohn moved to this location; they have grown; and they will continue to grow. She expressed the opinion that they need to prepare different plans for expansion; they expanded north, and subsequently, that area deteriorated. She stated that there is no need to encroach to the south of the hospital because such expansion would ruin the Del Mar Addition. Mrs. Goldston pointed out that there is an ordinance that requires a certain number of parking spaces for shopping centers and other businesses, but evidently this is not required of Spohn Hospital. She suggested as an alternate solution that a taller parking garage be constructed on the north side of the hospital. No one else spoke in regard to this zoning case. A motion was made by Council Member Kennedy that the hearing be closed, seconded by Council Member Hawkins, and passed unanimously. Council Member Kennedy stated that he shares the concern of the people of the Del Mar Addition and evidently there have been, intentionally or unintentially, some promises made by Spohn Hospital that were not kept. He noted that if there is not an addition to the parking garage at a future date, the number of additional parking spaces would only be 403, which is not a large number of vehicles. He urged that both sides involved in the situation attempt to arrive at a solution. He pointed out that at the present time, Spohn Minutes Special Council Meeting September 1, 1982 Page 19 Hospital owns all but three lots in the area of the request for change of zoning. He also stated that he was of the opinion that expansion of Spohn Hospital to the south should be addressed. He suggested that a true buffer area be set up between the proposed location and the Del Mar Addition, and that subject to a 25 -year commitment by the Board of Trustees of Spohn Hospital, that they will not extend their expansion south of Cole Street. Dr. Kennedy then made a motion to deny the request for "B-1" zoning and in lieu thereof, grant a special permit for a parking garage on the area proposed subject to the following conditions: (1) Agreement by Board of Trustees to not expand hospital uses south of Cole Street for a period of not less than 25 years; (2) that lots 1, 2 and 24, currently owned by Spohn Hospital, be maintained as green space or with well-maintained structures compatible with existing zoning; (3) that the garage be no more than three levels (two stories above grade); and (4) that a site plan be prepared for Council approval after discussions with the City Staff, such site plan to involve the following items: (a) traffic patterns (i.e. no right turn on Second Street); (b) traffic flow; (c) design (including lighting); (d) screening; (e) etc. The motion was seconded by Council Member Hawkins. Mayor Jones provided comments and quoted from Winston Churchill and mentioned the fact that many forms of government have been tried but during this meeting, the Council has had local government by the people and the issues are now clearer. He continued by stating that the first issue is that Spohn Hospital has been at this present location since 1923 and they cannot move; the daily lives of patients, employees and visitors are being adversely affected by the lack of parking; the proposed garage should improve the appearance of the area; and in connection with Third Street, when Ocean Drive was being paved, all of the traffic went down Third Street and not too many problems were encountered. He expressed the opinion that the addition of this parking garage would not generate too much additional traffic. Council Member Zarsky stated that he did not believe that there will be a reduction in the need for medical care; Spohn will need to expand; and parking is a serious problem. He noted that Spohn Hospital Board of Trustees may not accept the terms of the special permit as suggested by Council Member Kennedy and may decide to locate their parking garage somewhere else. He pointed out that off-street parking is essential because parking on residential streets is Minutes Special Council Meeting September 1, 1982 Page 20 detrimental to the neighborhood; therefore, Spohn Hospital may decide on another solution to their parking problem. He stated that he will vote in favor of this motion. Council Member Dumphy stated that this is a very difficult decision for the Council to make, particularly for him, since he has friends on both sides of the issue. He expressed the opinion that Spohn could have planned their expansion better. He stated that he felt that this location for the garage will more adversely affect Second and Third Streets than it will Del Mar. He expressed the opinion that future encroachment into the Del Mar Subdivision is what is really upsetting the residents of Del Mar more than the potential traffic. He stated that he, too, would vote for Council Member Kennedy's motion. Council Member Hawkins stated that he was of the opinion that this would be a good compromise, noting that the City needs Spohn Hospital; they need parking facilities; yet the Council does not want to harm the residents of Del Mar Addition. He stated that he was of the opinion that the requirement for a site plan will protect the citizens of Del Mar. Council Member Gulley stated that he was of the opinion that the Council needed to consider what is best for all of the citizens of Corpus Christi. He referred to the letters that have been written to the Council Members and stated that they did not influence him, but they did provide information. He stated that he also was of the opinion that the encroachment problem is what the residents of Del Mar are really concerned about. He stated, however, that he would not vote for the motion before the Council but he could vote for the parking garage and the change of zoning which would allow it as requested. He stated the reason for this was that the Council had no way of knowing how the Board of Trustees of Spohn Hospital would react to the conditions included in the motion. Council Member Zarsky noted that the Council had already been informed by Mr. Head that he could not respond for all of the Board of Trustees. He stated that apparently, the thrust of the motion is to restrict the expansion to the south of Cole Street by Spohn Hospital, and he would like to suggest that the limitation of three stories or two levels for the parking garage not be placed in the motion. He then suggested that the public hearing be reopened in order that the Council might question the applicants about their reaction to this motion. ^r o Minutes Special Council Meeting September 1, 1982 Page 21 Council Member Kennedy stated that he was of the opinion that the Council could ask for information from the applicant without reopening the hearing. City Secretary Read agreed that this was correct. Mr. Head responded to the Council and stated that the only comment he could make was that he and Sister Kathleen cannot make this commitment on behalf of Spohn Hospital. He stated that if the Council is going to approve a special permit with those conditions, there is nothing that they can do about it. He stated that the 25 -year commitment not to expand might not be acceptable to the trustees and that he personally felt that the limitation of the structure to three levels would be very difficult to live with. He informed the Council that these conditions must be considered by the Board of the hospital because they do not have unlimited funds to build parking garages and they cannot economically construct the garage on the other side of the hospital. He stated that if this motion passes, it will be presented to the Board to act on it but he could not respond for the entire Board. Council Member Kennedy pointed out that what is best for Spohn Hospital is not necessarily good for everyone. He pointed out that Spohn Hospital is not paying taxes on anything except their new office structure, and he encouraged Mr. Head and Sister Kathleen to attempt to have these conditions accepted by the Board of Trustees. Council Member Hawkins noted that $10 million was recently given to Spohn Hospital but it is his understanding that this money will not be spent on capital improvements but will be set aside for operational expenses. Sister Kathleen stated that in addition to the 25 -year expansion restriction, she thought that the restriction of three levels for the garage would not be satisfactory. She pointed out that they only plan to construct four stories. Mayor Jones stated that he felt it was only fair to allow two people who are opposed to the zoning request to speak again. Mr. Stone stated that he has not discussed the special permit with the limitations included with the group that he represents. He stated that Council Member Kennedy is attempting to provide a compromise, but obviously Spohn Hospital will not work with anyone except to obtain exactly what they want. He assured the Council that he would ask the group that he represents from Del Mar Subdivision to try to accept this compromise. Minutes Special Council Meeting September 1, 1982 Page 22 Mr. Cooper spoke again and stated that Mr. Stone pointed out that Mr. Head cannot bind future Boards of Trustees and he felt that the only way Spohn Hospital can be contained is through proper zoning. Dr. Fred Brackett stated that he lives in the Del Mar Addition and also practices at Spohn Hospital. He stated that Del Mar is a good place to live and Spohn Hospital is a fine place to work. He referred to a statement made about the possibility of closing Second Street and he wondered if that might resolve the problem. He suggested that this idea be pursued. Mr. Head referred to Mr. Stone's statement that he and Sister Kathleen had rejected the proposal made by Dr. Kennedy. He clarified that by stating that all he had said was they could not act on behalf of the Board. Council Member Gulley asked for a clarification in regard to the limitation of expansion for 25 years. He stated that he would see that as a promise that Spohn Hospital will not request rezoning of any property south of Cole Street. Council Member Kennedy stated that his motion also would limit the purchase of property by Spohn Hospital south of Cole Street. Council Member Gulley also expressed concern about binding future Councils to this agreement. Council Member Kennedy stated that he felt that this Council should also bind Spohn Hospital to such an agreement because their administration changes also. He stated that he felt that this approach can give this entire area a long range protection from encroachment. Further discussion followed on the vote on the motion and City Manager Martin pointed that the motion to be passed today does not grant the special permit because the ordinance passage will actually determine whether or not the special permit is granted and it could not be before the Council until a site plan has been submitted. Council Member Zarsky inquired if that ordinance could be amended and City Manager Martin stated that technically, it could. Mayor Jones then read the motion again and called for the vote on the motion which passed as follows: Jones, Dumphy, Hawkins, Kennedy and Zarsky voting, "Aye"; Gulley voting, "No"; Turner having disqualified herself. Minutes Special Council Meeting September 1, 1982 Page 23 City Secretary Read informed the Council that he had the ordinances before him effecting the zoning in the preceding cases: ORDINANCE NO. 17238: AMENDING THE ZONING ORDINANCE UPON APPLICATION OF ENTERPRISE DEVELOPMENT BY CHANGING THE ZONING MAP IN REFERENCE TO A PORTION OF LOT 8, SECTION 12, FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS FROM "A-1" APARTMENT HOUSE DISTRICT, "AB" PROFESSIONAL OFFICE DISTRICT, AND "R -1B" ONE -FAMILY DWELLING DISTRICT TO "AB" PROFESSIONAL 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 and Zarsky voting, "Aye"; Kennedy, absent at the time the vote was taken. ORDINANCE NO. 17239: AMENDING THE ZONING ORDINANCE UPON APPLICATION OF FRENCH-ELLISON BY CHANGING THE ZONING MAP IN REFERENCE TO LOT 1, BLOCK 1, CAJA INDUSTRIAL DEVELOPMENT FROM "F -R" FARM -RURAL DISTRICT AND "R -1B" ONE -FAMILY DWELLING DISTRICT TO "1-2" LIGHT INDUSTRIAL DISTRICT: AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Dumphy, Gulley, Hawkins, and Zarsky voting, "Aye"; Kennedy, absent at the time the vote was taken. City Manager Martin informed the Council that seven proposals in regard to City Hall expansion had been received that day. There being no further business to come before the Council, on motion by Council Member Hawkins, seconded by Council Member Kennedy and passed unanimously, the Special Council Meeting was adjourned at 7:00 p.m., September 1, 1982.