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HomeMy WebLinkAboutMinutes City Council - 03/31/1976 - SpecialPRESENT: . Mayor Jason Luby Mayor Pro Tem Bill Tipton Council Members: Eduardo de Ases Ruth Gill Bob Gulley Gabe Lozano, Sr. Edward Sample MINUTES CITY OF CORPUS CHRISTI, TEXAS SPECIAL COUNCIL MEETING MARCH 31, 1976 3:30 P.M. City Manager R. Marvin Townsend City Attorney J. Bruce Aycock City Secretary Bill G. Read A Mayor Luby called the meeting to order in the Council Chambers of City Hall. City Secretary Read noted there was'a quorum of the Council and the necessary Charter Officers present to conduct a,legally constituted meeting. City Manager Townsend presented Application #276-6, United Savings, for change of zoning from "AT" Apartment -Tourist District and "B-4" General Business District to A ti "I-2" Light Industrial District on approximately 32.89 acres out of the former W. E. Pope Estate Tract (metes and bounds description on file in the City Current Planning Office), located at the north end of Corpus Christi Beach .fronting approximately 2360' along the west side of U.S. Highway #181 for a depth of approximately 710' at the south approach of Nueces Bay Causeway. He reviewed that the recommendation of the Planning Commission is that it be denied, and the Staff recommends denial. He reported that in response to the notification of the public hearing one letter had been received from the Nueces County Navigation District No. 1, who is in favor of the change of zoning. Chief Planner Larry Wenger presented a land use and zoning map of the area. Mr. Edmond Ford, an attorney representing United Savings Association, gave background information on the land, which is located between U. S. 181 and a channel dug as part of Rincon Industrial Park. He pointed out that the surrounding area and the other side of the channel is zoned for heavy industrial uses; that the best'use of the land is industrial since it is located on the industrial channel. He presented to the Council a letter from Mr. W. G. Bates, W. L. Bates Co., Inc., which stated that in their opinion the highest and best use for the property is water -oriented industrial r development. Mr. Paul Roepke, a realtor and appraiser, spoke in favor of the change of zoning. Mayor Luby called for those in opposition, and Mr. Patrick J. Horkin, Jr., President of the Corpus Christi Beach Property Owners Association, presented his written letter in opposition and a letter from Mr. C. Edwin Prichard, Jr., a property owner in the area who was also in opposition. He also cited that the Harlan Bartholomew and Sasaki, Walker master plans for the City call for the entire area to be devoted to a park and related activities. Minutes Special Council Meeting March 31, 1976 Page 2 Mr. E. T. Clough spoke, representing himself and Mr. Wayne Johnson, stating he feels the area should be developed into a tourist attraction since it is an entrance to the City and such a good location. Mr. Charles Manning stated he was in opposition because he feels the channel serves as a buffer for the industry on the other side; that this land should be preserved for hotels, motels, condominiums and tourist attractions since it's also convenient to downtown and the area for the new convention center complex. Mr. Jack Davis, owner of a trailer park on the beach, also spoke in opposition. Mr. Nathan Clark was present and recorded as being opposed. Mr. Jack Pope, represented by Mr. Pat Horkin, was not present but opposed the change. Mr. Ford spoke again and disputed the reference that the Sasaki, Walker report was in opposition to industrial uses for this land; he emphasized that the industrial channel is meant to be utilized as such on both sides, and that it is the only appropriate use for the property. Mr. Duane Orr, Director of Industrial Development and Planning for the Navigation District, spoke in favor of the change, pointing out the need for industrial zoning since it fronts on the channel. Motion by Gulley, seconded by Sample and passed unanimously, that the hearing be closed. There was further discussion among the Council, expressing their concerns about finding the best use of the land while protecting a main entrance to the City from unsightly industry development. Council Member Gulley suggested establishing a buffer zone of "B-4" on the front 200' of the property abutting Highway 181. Council Member Gill argued that a business zone along the highway still would not make an attractive entrance to the City, and stated she favors development of a planned industrial park with attractive landscaping. Motion by Gulley, seconded by de Ases, that "I-2" zoning be granted for the first 430' fronting the channel and that the rest of the land remain "B-4". Motion passed by vote of 4 to 3, with Tipton, de Ases, Gulley and Lozano voting Aye; Luby, Gill and Sample voting No. The Council was advised that five affirmative votes will be required to pass the ordinance on same at next week's Council Meeting. City Manager Townsend presented the Text Amendment to the Zoning Ordinance, to provide for the operation of promotional events in relationship to a shopping center or major business. He explained that the recommendation of the Planning Commission is that 1 Council Meeting 31, 1976 Page 3 a new Article 27A Special Conditions be added as proposed by the Staff with the exception of two sections: 27A-2.04: The promotional event shall not be conducted after 12 midnight. 27A-2.05: The facilities of a promotional event shall not be located closer than two hundred (200') to the nearest inhabited residential structure; and that the Staff concurs. Mayor Luby called for those in opposition, and Mrs. Dorothy Kinsley, Manager and Promotional Planner for Parkdale Shopping Center, asked the Council to clarify the description of promotional events and some of the wording of the amendment, as she felt it would limit shopping centers to 4 events per year when they hold at least 9. City Manager Townsend responded that the wording would be revised. Motion by Tipton, seconded by Gulley and passed unanimously, that the hearing be closed. Motion by Gulley, seconded by de Ases and passed unanimously, that the Text Amendment be tabled until it is reworded to clarify some of the questions that were discussed. • City Manager Townsend next presented Application #376-3, DEK Dairy Queen, for change of zoning from "A-1" Apartment House District to "B-1" Neighborhood Business District on a 150' x 200' portion of Lot 25, Section 49, Flour Bluff & Encinal Farm & Garden Tracts, located on the west side of Waldron Road 650' north of Glenoak Road. He reported that in response to the notification of the change in zoning letters had been • ,received from the Flour Bluff P.T.A., the Flour Bluff Civic League, and the Flour Bluff Independent School District, all in opposition. He reviewed that both the Planning Commission and the Staff recommend denial. Chief Planner Wenger presented a land use and zoning map of the area. Mr. Jim West of DEK Dairy Queen explained that they have entered into a purchase agreement with the owners of the property on Waldron Road to buy it and build a Dairy Queen on the site; tat they want to be as close to the school as possible because of the activities held there, and this was the best lot in the area for that reason. He maintained that any problems that might be created from building this Dairy Queen would occur also if they purchased any other lot in the area that was already zoned for business. Mr. Larry Woodman, co-owner of the property, observed that children cross the street anyway to go to the various school buildings, and he feels it won't present a major problem as far as safety .or traffic in the area is concerned. He showed the Council copies of letters from every property owner adjoining them, and with'the exception of the school, they all are in favor of. approval. Minutes Special Council Meeting March 31, 1976 Page 4 Mayor Luby called for those in opposition, and Mr. Ken Clayburn, Assistant Superintendent of the Flour Bluff Independent School District, charged that any business which'attracts students away from the campus causes problems. He explained that Flour Bluff operates under a "closed campus" whereby students are not supposed to leave the premises during their 30 -minute lunch hour or any time during the day; that he is fearful a Dairy Queen across the street would increase tardiness and truancy; also that since about 1000 students would have to pass by the facility in order to board the buses in the afternoons, he is afraid same of them might be diverted and would miss their bus. Motion by Gulley, seconded by Lozano and passed unanimously, that the hearing be closed. Motion by Gulley, seconded by Lozano and passed --with de Ases voting No --that Application #376-3, DER Dairy Queen, for change of zoning from "A-1" to "B-1" be denied, but in lieu thereof a special permit for a Dairy Queen be issued, subject to an acceptable site plan. There being no further business to come before the Council at this Special Meeting, on Motion by de Ases, seconded by Lozano and passed unanimously, the Special Council Meeting of March 31, 1976 adjourned at 6:50 p.m. I, JASON LUBY, Mayor of the City of Corpus Christi, Texas, certify that the foregoing minutes, same being for the period of March 3, 1976 to March 31, 1976, inclusive, and having been previously approved by Council action, are by me hereby approved, as itemized: 3/3/76 - Reg. Mtg. 3/10/76 - Reg. Mtg. 3/17/76 - Reg. Mtg. 3/17/76 - Spec. Mtg. 3/24/76 - Reg. Mtg. 3/31/76 - Reg. Mtg. 3/31/76 - Spec. Mtg. , Mayor ty of Corpus Christi, Texas