HomeMy WebLinkAboutMinutes City Council - 02/02/1977 - SpecialMINUTES
CITY OF CORPUS CHRISTI, TEXAS
SPECIAL COUNCIL MEETING
FEBRUARY 2, 1977
3:30 P.M.
PRESENT:
Mayor Jason Luby
Mayor Pro Tem Bill Tipton
Councilmembers:
Eduardo E. de Ases
Ruth Gill
Bob Gulley '
Gabe Lozano, Sr.
Edward Sample
City Manager R. Marvin Townsend
Executive Assistant City Attorney
Michael May
City Secretary Bill G. Read
Mayor Jason Luby called the meeting to order in the Council Chambers of
City Hall.
City Secretary Read noted a quorum was present for the meeting.
City Manager Townsend announced the public hearing on Application No.
177-1, Mr. Richard T. Irby, for change of zoning from "AB" Professional Office
District to "B-1" Neighborhood Business District, located on the east side of
South Alameda Street, approximately 375 feet north of Hoffman Street, being Lots
51 and 52, Block 810, Port Aransas Cliffs. He reviewed that the Planning Commission
and Planning Staff recommend denial; and that four responses have been received in
favor, and two in opposition to the change. Chief Planner Larry Wenger described
the surrounding zoning and land uses on a map of the area.
The applicant, Mr. Irby, explained that he rents that portion of the building
to a lady with a drapery business, and he would like to have a special permit
so she could continue her business until the lease expires. He also stated that
he was not at the Planning Commission meeting because he didn't receive the notice
until the day after the hearing, and assumed it was delayed in the Christmas rush.
He asked that the special permit be approved because: the occasional sale of rods
to go along with custom draperies would not increase traffic; the business has
operated there Tor about a year with no problems or complaints; there is plenty of
parking; and no one spoke in opposition at the Planning Commission meeting.
Mr. Henry Brown stated that after hearing the presentation and the explanation
of the applicant's business, he is in favor of the application.
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Minutes
Special Council Meeting
February 2, 1977
Page 2
Mr. Bob Gough, 502 McClendon, said he lives across the street and opposes
"B-1" zoning on the property, but would not be opposed to a special permit.
Mr. Leo Kurmadas also stated he would not be against a special permit, but
does not want the property zoned "B-1".
Motion by de Ases that the hearing be closed; seconded by Sample and passed
unanimously.
Motion by Gill that "B-1" be denied, but in lieu thereof a special permit
be issued to last only for the term of the present lease; and that if the property
is sold in the meantime or the business is sold in the meantime before the lease
is up, the property would revert to the present "AB" zoning. The Motion was seconded
by Councilmember Gulley and passed unanimously.
Councilmember Gill suggested that the City start a series of open forums to
brief real estate people and the public on the City's zoning laws.
City Manager: Townsend then announced the public hearing on Application No.
177-2, Mr. Donald A. Wilke, for change of zoning from "R -1B" One -family Dwelling
District to "B-4" General Business District, -located approximately 125 feet north
of Johanna•Street, and approximately 100 feet west of Richter Street, being the
north 75 feet of Lot 25, Block 1, Lexington Subdivision. He reported that the
Planning Commission recommends that it be approved, but the Planning Staff recommends
denial because they feel it would be an intrusion into this established residential
area. Chief Planner Wenger presented the zoning map of the area. There was no one
in the audience who spoke in opposition to the application.
Motion by Tipton that the hearing be closed; seconded by Gulley and passed
unanimously.
Motion by Gulley that Application No. 177-2, Donald Wilke, be approved;
seconded by Tipton and passed unanimously.
City Manager Townsend then proceeded with the public hearing on Application
No. 177-3, Mr. Jack T. Bradford, for change of zoning from "R -1B" One -family Dwelling
District and "AB" Professional Office District to "B-3" Business District, located
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Minutes
Special Council Meeting
February 2, 1977
Page 3
at the northeast:corner of Cosner Drive and South Padre Island Drive, being Lots
1 and 2, Block 5, Lexington Estates. He reported that the Planning Commission and
Staff recommend approval; also that four responses were received in favor of the
request. Chief Planner Wenger showed the surrounding zoning and land uses. No one
from the audience spoke in opposition to the application.
Motion by Lozano that the hearing be closed; seconded by de Ases and passed
unanimously.
Motion by de Ases to accept the recommendation of the Planning Staff that
the Application No. 177-3, Jack Bradford, be approved; seconded by Gill and passed
unanimously.
The Special Meeting was recessed at 5:15 p.m. to resume the Regular Council
Meeting for the public hearing on the request to close George Street, which Mr. Townsend
explained is related to the next zoning case.
The Special Council Meeting was resumed at 5:21 p.m. for the public hearing
on Application #1176-8, E. L. Caldwell & Sons, for change of zoning from "R -1B"
One -family Dwelling District to "I-3" Heavy Industrial District, located north of
Agnes Street approximately 124 feet east of Eastgate Drive, being a 5 -acre portion
of land out of the Peterson (Hatch) Tract. He continued that the Planning Staff
recommends denial because they feel that "I-3" zoning would be an intrusion into
a residential area and the uses would not be compatible with the adjacent uses;
but that the Planning Commission recommends a special permit be approved, -subject
to e#ght:conditions. He stated that those -conditions were slightly modified by
the Planning Commission on January 4 when they approved the site plan; and Chief
Planner Wenger reviewed the site plan in detail for the Council. Mr. Townsend
added that seven responses to the notice of the public hearing have been returned
in opposition, and two in: favor. He also stated that, due to the written opposition
to this zoning case, the 20% rule would be in effect -- requiring six affirmative
votes for passage of the ordinance.
Minutes
Special Council Meeting
February 2, 1977
Page 4
Attorney John Brooke,appeared on behalf of the applicant, stating that
the site plan and the recommendation of the Planning Commission resulted from
lengthy negotiating, and he feels it offers full protection. He explained that
Mr. Caldwell's operation has grown so that they now need additional parking and
storage. He told the Council that they employ from 130 to 150 employees, with a
payroll of about one million dollars a year; that they have operated their business
for a number of years and have contributed a lot to the community. He stressed
that they are a clean industry -- that there would be no loud noise, smell, pollution
or dangerous activity on the premises.
Mr. Brooke explained that the proposed parking area would be used for employees
only, who would enter through George Street rather than from Agnes Street and through
the industrial area of the property, which they feel would not be as safe. He
stressed that all delivery trucks, service trucks, etc. would enter from Agnes Street
and would be prohibited from going through George Street by the bar to be placed
over that entrance as shown on the site plan. He argued that if the property were
developed for residential uses, there would be as much car traffic as with their
employee parking.. He also maintained that they are an abutting landowner to George
Street, and he does not think the Council has the right to close it without their
consent. Mr. Brooke summed up that they are agreeable to the special permit as
tied to the site plan by the Planning Commission.
City Manager Townsend addressed the Council that it would be calamitous to
add that much traffic through the subdivisions because of the great number of turns
in the streets, which he showed on the map. He corrected that the Council does
have the authority to act on the closing of George Street. Mr, Townsend also
explained the status of Flores Street in the area and the surrounding property uses.
Mr. Julius Rosenberg, 602 Delaine Drive, clarified that no one has a verbal
or written option from him to buy his property --contrary to previous statements
which had been made. He also informed the Council that he had not received any
notice of this public hearing, even though he owns adjacent property. He replied
to City Manager Townsend that he would be most interested in discussing an agreement
whereby part of his property could be used for access to the subject property.
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Special Council Meeting
February 2, 1977
Page 5
City Manager Townsend apologized to Mr. Rosenberg for the Staff's failure
to properly notify him of the public hearing, and stated he would check into the
record on that.
Speaking in opposition was Mr. John McLaughlin, owner of the adjacent mobile
home park, who said he was not totally opposed to the special permit, but thinks
a screening fence adjacent to their property should be required; and also that the
owners should clear the brush in the area as it is a fire hazard.
City Manager Townsend responded that a solid screening fence would be required.
Mr. A. L. Gaut, 242 Eastgate Drive, spoke in favor of closing George Street.
He also complained of poor drainage and standing water on the applicant's property;
and that the applicant has merchandise on it now although he does not have a permit
for that.
Mr. Ronald Lowman, 234 Eastgate Drive, spoke in favor of closing George St.
Attorney Brooke stated that the applicant would be happy to remove any brush
on his side of the property line, and that he would correct the drainage problem.
Mr. Rosenberg stated that, as an adjacent neighbor, he favored the request.
Motion by de Ases that the hearing be closed; seconded by Lozano and passed.
Motion by de Ases to grant the special permit approved by the Planning Commis-
sion with the conditions listed and to close George Street, and with the addition
of a ninth condition that the brush be required to be cleared if on the applicant's
property; seconded by Gill and passed unanimously.
City Manager Townsend stated, "It would seem to me appropriate, after all
these years of discussion of Flores Street, that if some element of Flores Street
could be constructed, if nothing more than from Agnes Street back into these two
landlocked pieces of property, the thrust of that old bond project could be con-
sidered met." Mr. Townsend then stated, "We can certainly carry out that request
if that be the Council's pleasure." (No formal vote was taken, but the Council
indicated their approval.)
Councilmember de Ases suggested that the Staff meet with Mr. Rosenbreg to
assist in resolving the approach to the Caldwell property as soon as possible.
There being no further business at this Special Council Meeting, it was
adjourned to resume the Regular Meeting at 6:08 p.m., February 2, 1977.
Note: In the Regular Council Meeting of March 23, 1977, motion was made by Lozano
that these minutes be corrected to include the paragraph marked above, seconded by
Sample and passed unanimously.
Minutes
Special Council Meeting
February 2, 1977
Page 5
City Manager Townsend apologized to Mr. Rosenberg for the Staff's failure
to properly notify him of the public hearing, and stated he would check into the
record on that.
Speaking in opposition was Mr. John McLaughlin, owner of the adjacent mobile
home park, who said he was not totally opposed to the special permit, but thinks
a 'screening fence adjacent to their property should be required; and also that the
owners should clear the brush in the area as it is a fire hazard.
City Manager Townsend responded that a solid screening fence would be required.
Mr. A. L. Gaut, 242 Eastgate Drive, spoke in favor of closing George Street.
He also complained of poor drainage and standing water on the applicant's property;
and that the applicant has merchandise on it now although he does not have a permit
for that.
Mr. Ronald Lowman, 234 Eastgate Drive, also spoke in favor of closing George
Street.
Attorney Brooke stated that the applicant would be happy to remove any brush
on his side of the property line, and that he would correct the drainage problem.
Mr. Rosenberg spoke up that, as an adjacent neighbor, he is in favor of the
zoning request.
Motion by de Ases that the hearing be closed; seconded by Lozano and passed
unanimously. .
Motion by de Ases to grant the special permit approved by the Planning Commis-
sion with the conditions listed and to close George Street, and with the addition
of a ninth condition that the brush be required to be cleared if on the applicant's
property; seconded by Gill and passed unanimously.
' Councilmember de Ases suggested that the Staff meet with Mr. Rosenberg to
try to assist in resolving the approach to the Caldwell property as soon as possible.
There being no further business at this Special Council Meeting, it was
adjourned to resume the Regular Meeting at 6:08 p.m., February 2, 1977.