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HomeMy WebLinkAboutMinutes City Council - 01/26/1977 - SpecialMINUTES CITY OF CORPUS CHRISTI, TEXAS SPECIAL COUNCIL MEETING JANUARY 26, 1977 3:30 P.M. PRESENT: Mayor Jason Luby Mayor Pro Tem Bill Tipton Councilmembers: Eduardo E. de Ases Ruth Gill Bob Gulley Edward Sample Hall. City Manager R. Marvin Townsend Assistant City Manager Archie N. Walker Executive Assistant City Attorney Michael May City Secretary Bill G. Read Mayor Luby called the meeting to order in the Council Chambers of City City Secretary Read noted there was a quorum present. City Manager Townsend announced the public hearing on Application No. 1276-7, Conn -Sherrod Company, Inc., for change of zoning from "R -1B" One -family Dwelling District to "A-2" Apartment House District, located on the south side of Houston Street, approximately 138 feet east of Kostoryz Road, being a 1.93+ acre tract of land out of the unrecorded Laughlin Addition. He reviewed that the recommendation of the Planning Commission is that it be approved; but that the Planning Staff recommends denial and in lieu thereof that "R-2" be approved, which would permit 14 units per acre. He added that two responses have been received in favor of the zoning change. Chief Planner Larry Wenger then summarized the surrounding zoning and land uses. Mr. Bob Sherrod, the applicant, addressed the Council that although "A-2" allows 34 units per acre, they are only planning to build 24 units per acre. Speaking in favor was Mr. R. C. Hall of H. E. B., who said they are the seller of the property and also own the remaining adjacent property. He stated he believes the rezoning request is very reasonable and asked that it be granted. In opposition was Mr. Charles Jackson, who said he owns nearby property and is not opposed to the project but thinks it will increase traffic on Houston MICROFILMED. 'SEP 0 31980 Minutes Special Council Meeting January 26, 1977 Page 2 Street. However, he agreed to a special permit. There was some discussion among the Council that the applicant could go ahead and build 34 units per acre with the "A-2" zoning. Gulley argued that if 34 units were allowed under the ordinance it must be feasible. Councilmember Gill expressed doubt about approving the request because it would not be tied to a site plan and they could in fact build more units. Councilmember de Ases stated he does not believe the applicant would do so after making a public statement that they plan 24 units per acre on the property. Motion by de Ases that the hearing be closed; seconded by Gulley and passed unanimously. Motion by Gulley to grant "A-2" zoning as recommended by the Planning Commission; seconded by de Ases and passed unanimously. City Manager Townsend left the meeting to go out of town on business, and Assistant City Manager Walker took over. Mr. Walker announced the public hearing on Application #1276-8, M. B. Essary, for change of zoning from "R -1B" One -family Dwelling District to "I-2" Light Industrial District, located on the northwest corner of Suntide Road and Leopard Street, being an 8.19+ acre tract of land out of the northeast portion of Lot 28 and the southeast portion of Lot 32, H. B. Sheppard Farm Lots. He stated that the recommendation of the Planning Commission is that it be approved; and that the Planning Staff believes there is a pattern of "B-4" zoning in the area and, therefore,recommends denial of "I-2", and in lieu thereof "B-4" be approved. He reported that two responses have been returned in favor of the request. Chief Planner Wenger summarized the surrounding zoning and land uses. Mayor Pro Tem Tipton called for those in the audience who wished to speak regarding the application. Mr. 0. J. Douglas stated he had no opposition to the requested zoning change, but wanted it on record that he is asking for a screening fence to be required to separate the commercial use from his "R -1B" property. Mr. Wenger replied that a standard screening fence would be required. Minutes Special Council Meeting January 26, 1977 Page 3 A lady from the audience asked what kind of light industry would be allowed, and what the applicant plans for the property. Chief Planner Wenger read the list of uses allowed under "I-2" zoning. Councilmember de Ases informed her that an office/warehouse is currently planned, as stated at the Planning Commission's Meeting. Mayor Pro Tem Tipton called for the applicant, and Mr. M. B. Essary told the Council that he bought the property ten years ago for residential or business use; that he now believes the land is better suited for "I-2" since "B-4" zoning would need more residences in the area to support it. He stated he has an individual who wishes to purchase the property, and introduced Mr. Richard Smith. Mr. Smith said he wishes to move his engineering design and construction business. from Houston, and explained he would build a large office building on the rear of the property, with a warehouse facility abutting it. He explained other possible uses for the property in the future, including a strip shopping center fronting on Leopard. A gentlemen then asked that if it turns out that Mr. Smith does not purchase the property and follow through with his plans, could another person build whatever he wished. Mayor Luby answered that that was unfortunately true. Councilmember Sample expressed his opinion that if Mr. Smith plans to put a strip shopping center on the front portion of the property, he would like to see that portion zoned "B-4" rather than "I-2" in order to protect Leopard Street; Councilmember Gill agreed, and asked how much land he would need for the shopping center. Mr. Smith argued that as the area stands right now it would not support a shopping center, and he could not say if or when it ever would, because the surrounding land would need to be developed with residences'. He stated that they would like to have it all zoned industrial as requested; and later,if they want a shopping center,they could rezone the front. Councilmember Gulley remarked that he is glad to see someone moving here from Houston rather than to Houston, and that he believes the Council should grant the request and not hamstring the man. He added that the property is vacant now. Councilmember Sample stated he does not believe Mr, Smith's mention of a future shopping center is well founded. Minutes Special Council Meeting January 26, 1977 Page 4 Motion by Gulley that the hearing be closed; seconded by de Ases and passed -- with Sample voting No. Motion by Gulley that "I-2" be granted; seconded by Tipton and passed --with Sample voting No. Mr. Walker next announced Application #1276-10, Pearl Murphy, for change of zoning from "R -1B" One -family Dwelling District to "R-2" Multiple Dwelling District, located on the north side of Bonner Drive, east of Nelson Lane and west of Betty Jean Drive, being Lots 26 and 27, Block 7, Gardendale #2. He explained that the Planning Commission and Staff recommend denial. He added that the 20% rule is in effect, requiring six affirmative votes to pass the ordinance. Chief Planner Wenger summarized the surrounding zoning and land uses. He reported that eight responses have been received in opposition, and three in favor. He also explained that the subject property is a non -conforming use, and the surrouding property is totally used for single-family residences. Ms. Lou Morrow spoke for the applicant, stating that Mrs. Murphy wishes to rent the apartment in the house to a gentleman; but that since the man would not be there much of the time he wants a separate meter. She stated that separate meters are not allowed under the present zoning, which is why they made the application. She stressed that Mrs. Murphy would not add on to the house or move anything onto the property, but merely wishes to lease the existing apartment. She added that both the house and apartment are vacant now, but have been used previously for two families. She further explained that Mrs. Murphy could rent the apartment now but could not have separate meters; and she stated separate meters are allowed under a special permit, and she is agreeable to that. Speaking in opposition was Mr. Tom Carlisle, 5030 Bonner, who stated he does not believe spot zoning would be good for this area. He said the streets in the neighborhood are very narrow, and you cannot park cars there. He mentioned that he has a garage apartment in back of his house, but was told that he couldn't rent it out. Mr. Carlisle said he was speaking for five other neighbors in the audience. After some discussion, they agreed that they would not be opposed to a special permit. Minutes Special Council Meeting January 26, 1977 Page 5 Mr. Tom R. Petty objected to the request, saying he thought it would open the area up to more apartments. He told the Council he is concerned about the value of his property. He complained that nearby property owners have been splitting their lots up so they can put apartments or houses on the rear of their property, and he urged the City to check into that, saying the area is becoming a mess. When asked if he opposed granting a special permit to allow two meters, he answered that if she gets two meters, why couldn't he get one. Councilmember Gulley asked him if he wanted one, and he replied no, not at the present time but that he is elderly and his income is small and he might want to rent out his vacant rooms at some future date. Mrs. Aust addressed the Council that she does not object to the special permit. She said that the house was divided illegally, but she does not think Mrs. Murphy who now owns it should have to suffer for that. She also urged the City inspectors to check the area for other illegal uses. Motion by Gulley that the hearing be closed; seconded by Tipton and passed unanimously. Assistant City Manager Walker reminded the Council that the 20% rule is in effect on this case. Motion by Tipton that the application be denied; seconded by Gill. Under discussion, Dr. Tipton stated he thought approving this request would only encourage others to do the same thing. Councilmember Gulley voiced his opinion that he would like to see Mrs. Murphy be able to rent her apartment; he mentioned again that most of the neighbors do not object to it, and there are actually two lots involved. Councilmember Gill said she agrees with Mr. Petty's points and thinks it would set a precedent. Mayor Pro Tem Tipton pointed out that the apartment can still be rented -- that it just can't have two meters. Mayor Luby called for the vote on the Motion that it be denied; the Motion passed --with de Ases and Gulley voting No. Assistant City Manager Walker then announced the public hearing on Application #1276-12, Seaside Memorial Park Association, Inc., for change of zoning from "AT" Apartment Tourist District to "B-1" Neighborhood Business District, located along Minutes Special Council Meeting January 26, 1977 Page 6 the southwest right of way line of Ocean Drive approximately 850 feet south of Robert Drive, being a 1.5+ acre tract of land being a portion of Seaside Camp Meeting Grounds. He added that the 20% rule is in effect, requiring six affirmative votes for passage of the ordinance. Mr. Richard Stone, attorney representing the application, asked the Council to table the case until a full Council is present, since it requires six votes and one Councilmember is absent today. Motion by Gulley that the application be tabled. Mr. Bob Kirmse interrupted, saying he is the owner of the adjacent Sea Ranch Motel, is vitally interested in the matter and strongly objects to its being tabled. It was determined there were about 30 other persons in the audience for this public hearing. Councilmember Gulley responded that -- in fairness to all -- the Council has always tabled applications under the 20% rule when a member of the Council is absent. Councilmember Gill countered that they just heard and acted, on the previous case where the 20% rule was in effect, and Mr. Lozano was absent. Councilmember de Ases added that on the previous case it was evident that two members of the Council were going to vote against it, so it wouldn't have mattered if a full Council was present or not because the application would still have failed. Mayor Luby then asked Councilmember de Ases if he and any other Councilmembers were against this application. Mr. de Ases replied that he hasn't heard the presentation yet so he didn't know, because he doesn't make his mind up in advance. Mayor Pro Tem Tipton asked Mr. Kirmse if he could come back later when a full Council was present to hear the case. Mr. Kirmse replied no, that he is "exhausted almost to the point of being a nervous wreck"; that he is under "day-to-day pressure" regarding this zoning case; and stressed that they are dealing with his "livelihood". He charged that he could not afford "a fancy lawyer like Mr. Ryan has", and pleaded with the Council to to hear the case now. Mr. Richard Stone addressed the Council that it was Mr. Kirmse's protest whichinvoked the 20% rule on the case; that if Mr. Kirmse wishes to withdraw it, they would agree to go forward. Mr. Kirmse agreed to withdraw his written opposition. Minutes Special Council Meeting January 26, 1977 Page 7 Mayor Luby recessed the meeting at 4:43 p.m. so the Staff could determine whether Mr. Kirmse could withdraw his opposition to the case, he said. The Special Council Meeting was resumed at 4;50 p.m. Assistant City Manager Walker briefed the Council that the Staff thinks Mr. Kirmse has the right to withdraw his opposition, which would remove the 20% rule; and that it would then take four votes to approve the special permit as recommended by the Planning Commission and five votes to grant "8-4" as requested. He added that the applicants could withdraw the application if they so desired. Mr. Kirmse stated he hereby withdrew his opposition so the case could be heard. Mayor Luby then announced that the 20% rule would not be in effect. Mr. Richard Stone asked that the vote on the case be tabled until a full Council is present. Assistant City Manager Walker stated that he thought Mr. Kirmse removed his written opposition in order to move the hearing ahead and reach a decision. Mr. Kirmse agreed that is what he wished. After much discussion, the Council agreed to proceed with the hearing today and vote on the matter today. Assistant City Manager Walker proceeded to review the application; explaining that the Planning Commission recommends that the "B -l" be denied, but in lieu thereof a special permit be approved for a mortuary tied to the site plan presented. He stated'that the Planning Staff recommends denial of this and any proposed business zoning or use along Ocean Drive. He showed the Council the site plan as reviewed by the Planning Commission. Chief Planner Wenger reviewed the surrounding zoning and land uses. He explained that the mortuary would be located on the rear of the property and not on Ocean Drive -- about 280' from the gate. Attorney Richard Stone first stated there has been a lot of publicity concerning th;s case, and a lot of misconceptions -- including a comment that there would be "bones on Ocean Drive". He asked the Council to disregard those previous statements. He stressed that Seaside is attempting to downzone the area; he read the list of uses allowable under the present "AT" zoning. He stated that they could presently construct a mausoleum right up to Ocean Drive, but emphasized that they, too, are concerned about preserving that street. Mr. Stone explained Minutes • Special Council Meeting January 26, 1977 Page 8 that they are proposing a single use -- a funeral home -- which would be located soma 280' in back of Ocean Drive, or almost the length of a football field. Mr. Morgan Spears, architect for the applicant, showed slides of other funeral homes in Corpus Christi -- pointing out their location, surrounding structures, and the fact that most of them do not have screening. He further explained Seaside's proposal, stressing that heavy planting would screen the area so that the funeral home itself would not be visible from Ocean Drive. He showed slides of the Memorial Park at present, pointing out its landscaping and screening. Mr. Spears stressed that they are trying to build a building that will serve the purpose, and "are not trying to attract the attention of everybody in Corpus Christi". He stated that the funeral home would be of Spanish architecture and very attractive. He explained that an unmarked station wagon would be used to carry the body, and would drive in through the rear of the building -- that the garage door would open automatically and then close, and nothing would be seen. He went on that the identification of the property would be by a fountain at the entrance with letters only 6" high engraved, "Seaside Memorial Park"; that there would be no sign saying funeral home. A gentleman from the audience inquired about parking. Mr. Spears responded that the chapel will seat 200 people; that under the zoning ordinance, 40 parking spaces would be necessary; he stressed that they plan to have 64 -- or one -and -one- half times the requirement. A gentleman from the audience interrupted and asked what part of their plans would be on the property of the Dixie Shore Motel. Attorney Stone responded none; that another application was made for that but was withdrawn before it was heard by the Planning Commission. Therefore, the Council said they would not consider that question. Mayor Luby invited the audience to speak up whenever they had questions. Attorney Stone continued and passed around letters to the Council representing the Dixie Shore Motel, Four Seasons Apartments and the Jamaican Apartments -- all supporting the special permit and further stating that the cemetery has had no psychological ill effects on their respective businesses. He then called on Mr. Minutes Special Council Meeting January 26, 1977 Page 9 Larry Urban, of Urban Engineering, who stressed that they would have -more than the required number of parking spaces; that memorial service hours are usually from 10 to 4, which are not peak traffic hours; and that it would be on an individual arrival basis. He also brought out that if the property were developed under the present AT zoning, 120 parking spaces would be required rather than their 40 spaces, and it would also be the highest density use under the zoning ordinance. Mr. Victor Vaughan questioned how many exits there would be, saying he thinks there would only be two. Mr. Urban showed on the map that there would be five exits. Mayor Pro Tem Tipton then objected to the matter in which the meeting was being conducted; he called for some continuity such as first hearing the applicant's presentation, then those in opposition and in favor. Mayor Luby stated he was in charge of the meeting and wanted to hear from the people. He declared Dr. Tipton to be out of order and gavelled him down. Mr. Joe Riquelmy, owner of the Bay House Apartments, charged that "the , apartment market in Corpus Christi is full, and that's why those apartments are rented." He stressed he could not imagine the owners of the Four Season and Jamaican apartment complexes approving a funeral home next to them. Attorney Richard Stone responded that he has letters from the managers of the Four Seasons and Jamaican apartments, and the owners of the Dixie Shore Motel all supporting the zoning request. Mr. Riquelmy replied that there is a big difference between the managers and the owners. A lady from the audience interrupted heatedly that the owner of the Dixie Shore Motel lives in Canada and she does not think his letter should be considered; also that their motel is for sale anyway. Mrs. Lorraine Ryan, wife of one of the principles of Seaside Memorial Park Association, addressed the Council that she feels her integrity and honesty have been questioned by some of the comments made. She stated she and her husband have been here longer than 30 years, and she resents some of the remarks that have been made. January 26, 1977 Page 10 Mr. Joe Dawson addressed the Council that in 1947, when Seaside Memorial Park was zoned, it was in the country -- but is now in the center of the community. He objected to the zoning change, sayigg Ocean Drive is ";he front door or showcase of Corpus Christi and he thinks this application would constitute spot zoning and is an effort to encroach on it. He called a cemetery a "monopoly" in Corpus Christi and urged that the request be denied. Mayor Pro Tem Tipton asked Mr. Dawson if he would object to apartments on the property, which the applicants could build now. Mr. Dawson replied that he thinks a funeral home is a business; and that apartments are totally consistent with what is already there. Councilmember Gulley asked Mr. Dawson if he thought it was all right to build motels and apartments on Ocean Drive and you would still•be protecting it -- but a building 280' back from the street would not be protecting it. Mr. Dawson stated again that it is a business and a monopoly. Mr. Gulley asked him if he didn't believe hotels and motels are businesses; Mr. Dawson replied yes. Mr. Byron Zimmerman stated he has been in the funeral home business in Corpus Christi for about 40 years; he said he failed to get the connection between funeral homes being a business and motels not being a business. Mr. Bob Arnold, 4333 Ocean Drive, told the Council he owns the Catalina Motel and apartments and some other vacant property in the area. He objected to the site plan as presented, saying a two-story building would be very difficult to hide. Councilmember Gulley asked him if he would prefer having a three-story apartment house next door rather than a two-story building 280' back from Ocean Drive. He replied that he hopes some day this area wobld be developed with condominiums or high-rises. Mr. Bob Kirmse, owner of the Sea Ranch Motel and property across Ocean Drive, including the Yardarm Restaurant, spoke in opposition. 'He stated that the funeral home would have a large undertaking parlor with a store for the display and sale of coffins. He questioned whether they actually had "AT" zoning or not, and if they could legally have gravesites on the property. Mr. Kirmse stressed that tourism is vital to his business; that most of his winter guests are older or retired people Minutes Special Council Meeting January 26, 1977 Page 11 from the Midwest, many of whom return year after year. He stressed that they need crosswalks in the area so they can safely cross Ocean Drive, eating facilities close by and more to do within walking distance; but that "the one thing they do not need is the contemplated project -- a continual reminder of death." Assistant City Manager Walker responded that the property is zoned "AT"; and that if there are deed restrictions on it, that is a civil matter and one that is not before the Council. Attorney Stone clarified that they will have to file an application with the court to allow a mortuary to be built on the property, but must get the "B-1" zoning first. He pointed out that San Antonio has two funeral homes within cemeteries, and quoted figures to show that is the current trend. Mr. Charlie Jackson, also in the funeral business, agreed that approving the request would be creating a monopoly, and added that it would be more competition to him. He cited that millions of dollars have been spent on Ocean Drive; that Corpus Christi's future is the tourist trade, and that Ocean Drive is an integral part of that tourist trade. Councilmember Sample asked Mr. Jackson to elaborate on his statement that it would be creating a monopoly. Mr. Jackson answered that under present statutes, cemeteries serving Corpus Christi would have to be five miles outside of the city limits. Mr. Sample responded that it appears to him that the applicant is building a mortuary and not making a cemetery. Councilmember Gulley pointed out that there is more than one other mortuary in the city limits, so he does not believe this would be a monopoly. Councilmember de Ases then asked for consistency and order in the presentation and that the Council either hear all those in opposition first or those in favor. Mrs. Marjorie Kirmse spoke against the application, saying Seaside might have viewings until midnight. She stated she thought they would be using Ocean Drive exclusively even though there are other entrances; that people are not always going Minutes Special Council Meeting January 26, 1977 Page 12 to use that chapel, which might mean long processionals with traffic held up in both directions for quite some time. Mr. Carlos Guerguin, of the Riviera apartment complex, said Corpus Christi needs tourism so much and derives a lot of money from tourism, and cannot get that from people in a graveyard. He maintained that tourists spend a lot of money in the city, and will tell others about Corpus Christi too. He stated he believes "we should cater more to the living." Mrs. Zella Guerguin asked if the applicants could put a crematorium in if their request is granted. Mr. Wenger replied that they could not do so under a special permit. Mr. Jack Ryan, Chairman of the Board of Seaside Memorial Park, addressed the Council that there is not a major city in the State of Texas that does not have a mortuary in its cemeteries; that it is a service to the people. He quoted cases as far back as 1936 supporting mortuaries in cemeteries. Attorney Stone reiterated that they are asking for less use of the property; that they have no intention of putting a crematorium in, and showed that it was not in the site plan. He summed up by asking the Council to vote for the special permit. Motion by de Ases that the hearing be closed; seconded by Gulley and passed unanimously. Under discussion, Councilmember Gulley acknowledged that all citizens of Corpus Christi are concerned about preserving Ocean Drive, but that this building would be well screened and located 280' back from the street. He stated he hasn't heard anything relative to the application that would be a detriment to the area. Councilmember Sample stated he had some reservations earlier but after viewing the property and the present well -landscaped entrance and hearing the presentations, he thinks it would be well screened on both sides. Councilmember Gill stated she feels that in the future it would be a good idea to build mortuaries in the cemeteries, and that dea= is a part of life; but that she is against spot zoning on Ocean Drive and would vote against it. Councilmember Gulley stated they could issue a special permit as recommended by the Planning Commission. In further discussion, Mayor Pro Tem Tipton maintained he could not see how a mortuary could be called a business, but uses allowed under "AT" would not be. He agreed that preservation of Ocean Drive is vital, but said he thinks it has been preserved. Minutes Special Council Meeting January 26, 1977 Page 13 Councilmember Gill explained that "AT" zoning is where people live, and that is different from business. Councilmember Gulley responded that people live in big motels, and they are a business. Councilmember de Ases spoke up that as is evident from the site plan, preparations for the facility have been very well thought out and laid out; but that he is not sure that building a mortuary would reduce the traffic on Ocean Drive. He added that he has not been swayed by the comments of the competitors, but that he is concerned about preserving the beauty and mystique of Ocean Drive. Councilmember Gulley responded that he believes they are all concerned about preserving the appearance of Ocean Drive, and said if they planned to build a tall apartment house right up on the front of the street -- which they have the right to do -- he would be real concerned. He again stressed that the building would be 280' back from the street and well screened. Motion by Gulley to grant the special permit; seconded by Tipton. Under discussion, Assistant City Manager Walker reminded the Council to keep in mind that if the request is approved, others may see this as a business and may make requests in the future for business zoning for other portions of Ocean Drive. He stated that it may establish a precedent, and urged careful consideration. Mayor Luby stated he is against the proposal because of traffic congestion. The Motion to grant the special permit failed -- with Gulley and Tipton voting Aye; de Ases, Gill, Luby and Sample voting No. There being no further business at this Special Council Meeting, it was adjourned at 6:35 p.m. to resume the Regular Council Meeting. I, Jason Luby, Mayor of the City of Corpus Christi, certify that the foregoing minutes same being for the period of January 5, 1977 to January 26, 1977, inclusive and having been previously approved by Coundil,action are by me hereby approved. 1/5/77 - Special Council Mtg. 1/5/77 - Regular Council Mtg. 1/11/77- Special Council Mtg. 1/12/77 - Regular Council Mtg. 1/19/77 - Regular Council Mtg. 1/26/77 — Regular Council Mtg. 1/26/77 - Special Council Mtg. City of Corpus Christi. I, JASON LUBY, Mayor of the City of Corpus Christi, Texas, certify that the foregoing minutes, same being for the period of December 8, 1976 through December 29, 1976, inclusive, and having been previously approved by Council action, are by me hereby approved, as itemized: 12/8/76 - Regular Meeting 12/8/76 - Special Meeting 12/15/76 - Regular Meeting 12/15/76 - Special Meeting 12/22/76 - Regular Meeting 12/29/76 - Regular Meeting J•:i , Mayor City of Corpus Christi MICROFILMED SEP 0 31980