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HomeMy WebLinkAboutMinutes City Council - 05/19/1976 - SpecialPRESENT: Mayor Jason Luby Mayor Pro Tem Bill Tipton Council Members: Eduardo E. de Ases Bob Gulley Gabe Lozano, Sr. Edward Sample MINUTES CITY OF CORPUS CHRISTI, TEXAS SPECIAL COUNCIL MEETING MAY 19, 1976 3:30 P.M. City Manager R. Marvin Townsend Executive Assistant City Attorney Michael May City Secretary Bill G. Read 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 have a legally constituted meeting. City Manager Townsend announced Application #476-1, M. J. Hot Mix Corporation, for change of zoning from "FR" Farm -Rural District to "B-4" General Business District on Tracts A and C, and from "FR" Farm -Rural District to "R -1B" One -family Dwelling District on Tract B, all tracts. being out of Survey 416, Abstract 838, out of Share #2 to the George Frank Partition, located on the east side of Rand Morgan Road between I.H. 37 and Leopard Street. He reported that in response to the notification of the public hearing 4 letters had been received in favor and 1 in opposition. He stated that the recommendation of the Planning Commission is that the request be approved on Tracts A, B, & C; and that the Staff recommends denial of "B-4" on Tract A and in lieu thereof "A-1" Apartment House District be approved; and "B-4" be approved on Tract C and "R -1B" on Tract B as requested. Chief Planner Larry Wenger presented a land use and zoning map of the area and showed slides of the property. No one in the audience spoke in opposition to the request. Mr. Freddy Seaquist with Maverick Engineering Company, representing the owners, explained the requested zoning and stated that they feel the area needs this type of development. Motion by Lozano, seconded by de Ases and passed unanimously, that the hearing be closed. Motion by Gulley, seconded by de Ases and passed unanimously, to grant the request by the applicant for "B-4" on Tracts A and C and "R -1B" on Tract B. City Manager Townsend announced Application #476-3, Charley C. Horne and others, for change of zoning from "R -1B" One -family Dwelling District to "B-1" Neighborhood Business District on Lots 1, 1A, 1B, 1C, 2A & 2B, Block 3, Gardendale Addition No. 1, located on the southeast corner of Bonner Drive and Everhart Road. D 1P 02 EBB Minutes Special Council Meeting May 19, 1976 Page 2 City Manager Townsend reported that in response to the notification of the public hearing 2 letters had been received in favor and 1 in opposition. He stated that the recommendation of the Planning Commission is that it be approved; that the Planning Staff also recommends approval. Mr. Wenger showed a land use and zoning map of the area. There was no one in the audience in opposition. Motion by de Ases, seconded by Gulley and passed unanimously, that the hearing be closed. Motion by de Ases, seconded by Tipton and passed --with Luby voting No --to accept the recommendation of the Planning Commission for "B-1". City Manager Townsend next announced Application #C476-6, City of Corpus Christi, for change of zoning from "B-3" Business District to "B-1" Neighborhood Business District on the southwest half of Lot 22, Block 2, Mahan Acres Addition, located on the east side of Kostoryz Road 107.5' north of McArdle Road. He reported that in response to the notification of the public hearing 1 letter had been received in favor. He stated that the recommendation of the Planning Commission and the Staff is for approval. Mr. Wenger presented a land use and zoning map and showed slides of the area. Mayor Luby called for those from the audience in opposition, and Mr. Billy J. Henry, owner of the property, stated he really didn't know whether he was in opposition or not. He explained that he was unable to open the plumbing shop as planned because of financial difficulties; but that he wants to keep the property and open a plumbing shop on it at some future time, perhaps several years off. He felt that if the Council wished to change the zoning back to "5-1" today, he could go before the Planning Commission and get "B-3" zoning again whenever he is ready to open it. Council Member Gulley advised that he might not be able to obtain "B-3" zoning again several years from now when he wants it; also that he would have to pay another $80 fee at that time. After consideration of this Mr. Henry signed a public hearing notice form showing that he was in opposition to the zoning change, and wanted it to remain "B-3". City Manager Townsend advised the Council that the 20% rule would be in effect, and passage of the ordinance would require six affirmative votes. Motion by Gulley, seconded by Sample and passed unanimously, that the hearing be closed. Motion by Sample, seconded by Gulley and passed unanimously, that the change of zoning from "B-3" to "B-1" be approved. M ��sJ . Mayll, lY/b Pae' --4. 1 ,. +hr's City Manager Townsend presented Application 1/376-2, Oscar and Guadalupe x+ Gonzalez, for change of zoning from "AB" Professional Office District to "B-4" General Business District on Lots 14 & 15, Sunnyside Strip, located on the northeast corner of Everhart Road and Jacquelyn Drive. He reported that no letters had been received in response to the notices of the public hearing for the requested zoning change. Mr. Townsend explained that the recommendation of the Planning Commission is that the request be denied but in lieu thereof a special permit be approved for a beauty and boutique shop operation, subject to the site plan approved by the Commission on April 13, 1976; but that the Planning Staff recommends denial on the basis that approval would constitute an intrusion into that established "AB" area and would have a detrimental effect on the adjacent residential properties as well as the properties across the street, causing additional traffic congestion along Everhart Road. Mr. Amador Garcia spoke for the applicants, explaining that the existing building is 50', and they want to extend it another 25' into the vacant lot next door. He emphasized that the boutique shop would simply be an extension of the existing building and that no neon signs would be installed. Motion by Lozano', seconded by Sample and passed unanimously, that the hearing be closed. Motion by de Ases, seconded by Sample and passed unanimously, that the recommen- dation of the Planning Commission be concurred in and Application #3762, Oscar and Guada- lupe Gonzalez, be denied, but in lieu thereof a special permit be approved for a beauty and botique shop operation, subject to the site plan approved by the Commission on April, 13, 1976. City Manager Townsend next presented Application 6376-6, Benedictine Fathers of Texas, Inc., for change of zoning from "R -1B" One -family Dwelling District to "B-4" General Business District on a 15.5+ acre tract out of Lot 1, Benedictine Acres, located along the east side of Lantana Street midway between Up River Road and I.H. 37. He reported that in response to the notification of the public hearing on the zoning request, 6 letters had been received in opposition. He explained that the recommendation of the Planning Commission is that the request be denied, but in lieu thereof a Special Permit be approved according to an approved site plan for a recreation complex; and the Staff recommends denial. Chief Planner Larry Wenger presented a land, use and zoning map of the area, and explained that the Benedictine Fathers hope to utilize the existing vacant buildings from the Corpus Christi Academy and surrounding ballfield and play area for a recreational complex. Mayor Luby called for those in opposition to the request, and Mrs. John Bianchi 1110 Corral, stated she believes the property would be more valuable for residential uses. She cited that Lantana Street is in poor condition and is vary narrow, with ditches on the sides, and there would be heavy traffic congestion. She also quoted Page 4 that 65 out of 68 property owners in the area are opposed to the application. `.4 Mr. Stan Bunn, 1030 Concho, also appeared in opposition, stating he was' fearful of the noise, the lights and the traffic problems which would be created from the ball park. There were 3 others in the audience who were in opposition to the request. Speaking in favor was Father Alfred Hoenig of the Benedictine Fathers of Texas, Inc., who explained that the Corpus Christi Academy closed in 1972 because of financial difficulties, and they think this is a very good plan to utilize the existing buildings. He explained that an additional access road, which would bypass part of the surrounding residential area, would be built to relieve traffic congestion, and that adequate fenced -in off-street parking would be provided. He added that the facilities would be available for use by residents and other interested parties when no event is being held. He also stated that the proposed recreational complex would have no comparison to anything in the area, and they feel it is a great opportunity for Corpus Christi, which shouldn't be passed up by the Council. Mr. Leo Luna, Program Director for KCCT radio, gave his opinion that he thought it would greatly benefit the community. Mr. Ed Roth, representing the promoters of the project, stressed that great pains had been taken when developing the plans so that the noise and lights would not be a problem to the neighbors; that they are confident that an adequate buffer zone, along with a hedge and a fence, had been provided. He read a letter from the manager of the LaQuinta Royale who was very much in favor of the program, and thinks it would be a great addition to the city's hotel and tourist business. In further discussion, Mr. Stan Bunn told the Council that he used to be able to hear the baseball games and practices from his back yard when the Academy was in operation. Also, that a petition signed by 58 residents in opposition had been presented to the Planning Commission at one of their meetings on the case. City Manager Townsend located the petition and passed it around to the Council for their review. Motion by Lozano, seconded by de Ases and passed unanimously, that the hearing be closed. Council Member Gulley stated he didn't think the lights from the ball park would be a problem and he thought the traffic could be handled, especially if no parking was allowed on Lantana Street; but he was unsure if the noise would be a nuisance to the property owners. Mayor Luby remarked that he thinks it's a very good use of property which has been vacant for some time, and he is in favor of it. Minutes Special Council Meeting May 19, 1976 Page 6 ORDINANCE NO. 13187 AMENDING THE ZONING ORDINANCE OF THE CITY OF CORPUS CHRISTI ADOPTED ON THE 27TH DAY OF,AUGUST, 1937, APPEARING OF RECORD IN VOLUME 9, PAGES 565, ET SEQ, OF THE ORDINANCE AND RESOLUTION RECORDS, AS AMENDED FROM TIME TO TIME AND PARTICULARLY AS AMENDED BY ORDINANCE NO. 6106, AS AMENDED, UPON APPLICATION OF M. J. HOT MIX CORPORATION BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON TRACTS "A" AND "C" FROM "F -R" FARM RURAL DISTRICTS TO "B-4" GENERAL BUSINESS DISTRICT, AND ON TRACT "B" FROM "F -R" FARM RURAL DISTRICT TO "R -1B" ONE -FAMILY DWELLING DISTRICT, SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS; KEEPING IN EFFECT ALL OTHER PROVISIONS OF THE EXISTING ORDINANCE AS AMENDED; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Luby, Tipton, de Ases, Gulley, Lozano and Sample, present and voting "Aye"; Gill absent. • ORDINANCE NO. 13188 AMENDING THE ZONING ORDINANCE OF THE CITY OF CORPUS CHRISTI ADOPTED ON THE 27TH DAY OF AUGUST, 1937, APPEARING OF RECORD IN VOLUME 9, PAGES 565, ET SEQ, OF THE ORDINANCE AND RESOLUTION RECORDS, AS AMENDED FROM TIME TO TIME AND PARTICULARLY AS AMENDED BY ORDINANCE NO. 6106, AS AMENDED, UPON APPLICATION OF CHARLEY C. HORNE, ET AL BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON LOTS 1, 1A, 1B, 1C, 2A, & 2B, BLOCK 3, GARDENDALE ADDITION N0. 1 SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "R -1B" ONE -FAMILY DWELLING DISTRICT TO "B-1" NEIGHBORHOOD BUSINESS DISTRICT; KEEPING IN EFFECT ALL OTHER PROVISIONS OF THE EXISTING ORDINANCE AS AMENDED; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Luby, Tipton, de Ases, Gulley, Lozano and Sample, present and voting "Aye"; Gill absent. ORDINANCE NO. 13189 AMENDING THE ZONING ORDINANCE OF THE CITY OF CORPUS CHRISTI ADOPTED ON THE 27TH DAY OF AUGUST, 1937, APPEARING OF RECORD IN VOLUME 9, PAGES 565, ET SEQ, OF THE ORDINANCE AND RESOLUTION RECORDS, AS AMENDED FROM TIME TO TIME AND PARTICULARLY AS AMENDED BY ORDINANCE N0. 6106, AS AMENDED, UPON APPLICATION OF CITY OF CORPUS CHRISTI BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON THE SOUTHWEST HALF OF LOT 22, BLOCK 2, MAHAN ACRES ADDITION, SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "B-3" BUSINESS DISTRICT TO "B-1" NEIGHBORHOOD BUSINESS DISTRICT; KEEPING IN EFFECT ALL OTHER PROVISIONS OF THE EXISTING ORDINANCE AS AMENDED; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Luby, Tipton, de Ases, Gulley, Lozano and Sample, present and voting "Aye"; Gill absent. ORDINANCE N0. 13190 AMENDING THE ZONING ORDINANCE OF THE CITY OF CORPUS CHRISTI ADOPTED ON THE 27TH DAY OF AUGUST, 1937, APPEARING OF RECORD IN VOLUME 9, PAGES 565, ET SEQ, OF THE ORDINANCE AND RESOLUTION RECORDS, AS AMENDED FROM TIME TO TIME, AND PARTICULARLY AS AMENDED BY ORDINANCE N0. 6106, AS AMENDED, UPON APPLICATION OF OSCAR AND GUADALUPE GONZALES, BY GRANTING A SPECIAL PERMIT FOR A BEAUTY AND BOUTIQUE SHOP OPERATION, ACCORDING TO THE SITE PLAN APPROVED BY THE PLANNING COMMISSION, SUBJECT TO THE CONDITIONS HEREINAFTER SET FORTH, ON LOTS 14B AND 15, SUNNYSIDE STRIP, SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS; KEEPING IN EFFECT ALL OTHER PROVISIONS OF THE EXISTING ORDINANCE AS AMENDED; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Luby, Tipton, de Ases, Gulley, Lozano and Sample, present and voting "Aye"; Gill absent. There being no further business to come before the Council at this Special Meeting, it was adjourned by unanimous consensus at 5:40 p.m., May 19, 1976. ' Mir l► 6p Council Meeting Hay _., 1976 Page 5 Motion by Lozano, seconded by de Ases, to accept the recommendation of the Planning Commission for a special permit. Further discussion followed. Council Member de Ases inquired if the lights on the ball park could be restricted to certain hours of the day, and City Manager Townsend replied that the Council could stipulate that if they so desired. Council Member de Ases inquired what effect it would have if the lights on the ball field had to be turned off each night at 10:00 p.m. Mr. Ed Roth responded that he didn't foresee that it would be a problem during weekdays, but that on weekends it might curtail a game or create a problem during tournaments. City Manager Townsend responded to the Council's inquiry that the only way to change the time at a later date would be if handled as a new zoning case. He also answered that failure to comply with the time restriction on the lights would result in the revoking of their permit. Motion by de Ases to amend the Motion, imposing a restriction on the use of the ball park lights to 10:30 p.m. There was no second, so the Motion died. Motion by Lozano to amend the Motion to impose a restriction on the lights to 11:00 p.m.; Gulley seconded it. The Motion failed, with Luby, Gulley and Lozano voting Aye; de Ases, Sample and Tipton voting Nay. Council Member de Ases offered his amendment again: to impose a restriction on the use of the ball park lights to 10:30 p.m.; seconded by Lozano. The Motion failed, with Luby, de Ases and Lozano voting Aye; Gulley, Sample and Tipton voting Nay. After further discussion of the matter, some of the Council Members stated they would like to table the application in order to view the area involved; also that Council Member Gill would be present at a later meeting in the event there was still a tie vote. Motion by Tipton, seconded by de Ases and passed --with Gulley voting Nay --to table the request. Motion by Gulley, seconded by Lozano, to reconsider the Motion to table. The Motion failed, with de Ases, Sample and Tipton voting Aye; Luby, Gulley and Lozano voting Nay. Therefore, the City Secretary declared that the item remains on the table due to lack of affirmative votes to reconsider. City Secretary Read presented the ordinances on the four zoning cases acted upon previously. Mayor Luby asked that the Council be polled for their vote. City Secretary Read stated that according to his tabulation all ordinances voted upon passed, as follows: