HomeMy WebLinkAboutMinutes City Council - 05/23/1977 - Special•
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PRESENT:
MINUTES
CITY OF CORPUS CHRISTI, TEXAS
SPECIAL COUNCIL MEETING
MAY 23, 1977
6:00 P.M.
*Mayor Jason Luby
*Mayor Pro Tem Eduardo E. de Ases
Council Members
*David Diaz
Ruth Gill
Bob Gulley
Gabe Lozano, Sr.
Edward L. Sample
City Manager R. Marvin Townsend
Executive Assistant City Attorney
Michael May
City Secretary Bill G. Read
Mayor Pro Tem Eduardo E. de Ases called the meeting to order in the Council
Chamber of City Hall in the temporary absence of Mayor Jason Luby.
City Secretary Bill G. Read called the roll and stated that a quorum was
present.
Mayor Pro Tem de Ases stated that the purpose of the Special Meeting is
to hear zoning applications and requested that City Manager Townsend present the
cases.
City Manager Townsend announced the public hearing on Application X1377-1,
Tim Clower, for change of zoning from "R -1B" One -family Dwelling District to "B-1"
Neighborhood Business District on a 6.41± acre portion of Lots 1, 2, 10 and 11,
Lyle Subdivision, located along the west side of Greenwood Drive, approximately
500 feet south of Horne Road. Mr. Townsend informed the Council that the Planning
Commission has recommended approval of this change of zoning; the Planning Staff
recommends that "A-1" Apartment House District zoning be approved in lieu of "B-1";
and that in reponse to notices of the public hearing, two letters in favor of the
change were received, and none in opposition.
Chief Planner Larry Wenger presented background information and pointed
out the area involved on the zoning map of the area.
Council Member Sample asked Mr. Wenger to explain the reason for the staff's
recommendation that the area be zoned "A-1". Mr. Wenger stated that the staff feels
that this would be a good transitional zone and the residents would be able to
utilize the adjacent park.
*Mayor Luby arrived at the meeting at 6:20 p.m.
MICROFILMED
'SEP 0 31980
Minutes
Special Council Meeting
May 23, 1977
Page 2
The applicant, Tim Clower, spoke at this time and explained that a retail
business is planned for this location; there is a need for a shopping center in
the area; and that he feels that the center will blend well in the area.
*Council Member Diaz arrived at the meeting at 6:25 p.m.
No one spoke in opposition to this change of zoning.
Motion by Lozano that the hearing be closed; seconded by Diaz and passed
unanimously.
Motion by Lozano that the recommendation of the Planning Commission be
accepted and that Application 1377-1 be approved; seconded by Diaz, and passed
by the following vote: Luby, de Ases, Diaz, Gulley, Lozano and Sample voting
"Aye"; Gill voting "No".
City Manager Townsend next announced the public hearing on Application
1377-2, Seaside Memorial Park Association, Inc., for a change of zoning from
"R -1B" One -family Dwelling District to "B-1" Neighborhood Business District on a
1.24+ acre tract of land out of Lot 8, Section 1, Flour Bluff and Encinal Farm
and Garden Tracts, located within the interior of Seaside Memorial Cemetery,
approximately 500 feet north of Gaines Street. Mt. Townsend stated that the
Planning Commission and the City Staff recommend that this application be
denied but in lieu thereof a special permit be granted subject to the condition
that the funeral home contain no crematory.
Chief Planner Wenger presented related background information and
pointed out the area involved on the zoning map, explaining the land use and
zoning in the surrounding area.
Council Member Lozano inquired about the distance from the proposed loca-
tion of the funeral home to Ocean Drive and Gaines Street. Mr. Wenger informed
him that the funeral home will be located 1,000' from Ocean Drive and 500' from
Gaines Street.
Mayor Pro Tem de Ases mentioned the fact that the staff planned to attempt
to obtain a ruling as to whether or not access to the funeral home from Gaines
Street could be prohibited as a condition of granting the Special Permit. Mr.
Minutes
Special Council Meeting
May 23, 1977
Page 3
Wenger stated that the Legal Department had ascertained that such prohibition could
not be included.
Speaking in favor of this application, Mr. Richard Stone, attorney repre-
senting the applicant, stated that when this application was previously presented
to the Council, residents on Ocean Drive objected to the change in zoning, and the
applicant has relocated the site of the proposed funeral home. Mr. Stone then
introduced the architect for the project, Mr. Morgan Spear, who displayed drawings
of the plans for the facility and indicated the site plan, the location of the main
drive to the proposed building from Robert Drive; indicated the three entrances from
Gaines Street; and stated that the only time the gates on Gaines are open is to
provide exits from the cemetery when very large funerals are being conducted. He
also pointed out that the site of the funeral home is in the center of all of the
property owned by the applicant. Mr. Spear also stated that more parking space
than required will be provided.
Further discussion followed in regard to entrances to the funeral home,
and City Manager Townsend indicated that it would be possible for the Council to
grant the special permit with stipulations in regard to .limited access from Gaines.
Mr. Stone indicated to the Council that his applicant would be happy with
the special permit including the exclusion of the crematory.
Mayor Luby asked for a show of hands of all members of the audience who
were in favor of granting this special permit - twenty-nine responded. City
Manager Townsend requested that those living in the area indicate if they were
in favor of the approval of this application, and seven persons responded. Five
people in the audience indicated they live in the immediate neighborhood and are
opposed to granting the special permit.
Mr. Stone informed the Council that a letter had been distributed in the
area, signed by Mr. Charles Jackson, representing Clifford Jackson Funeral Home
and Angelus Funeral Home, asking citizens to appear before the Council to speak
in opposition to this request. Mr: Stone alleged that the letter was "hate" mail
Minutes
Special Council Meeting
May 23, 1977
Page 4
and addressed one portion of the letter in which it was stated that funeral homes
are not ordinarily located in cemeteries, citing several cities in which they are.
Mayor Luby invited members of the audience who are opposed to this request
to speak at this time.
Mr. Charles Jackson,3325 Casa Blanca, spoke in opposition to the request and
called the Council's attention to the fact that no one in the neighborhood of the
cemetery had been notified of the public hearing since the City only requires that
residents within 200' of the area be notified, and there is a buffer zone with
no residents within that area since the location of the proposed facility is in
the center of the cemetery. He also stated that he had not seen a publication of
the hearing in the paper. Mr. Jackson added that he believed that he was wasting
his time, since he was sure that the Council "was owned by the Ryan family."
City Manager Townsend stated that the only provision legally required for
mailing notices is to residents within 200' of the proposed area to be changed and
the notice required to be published in the newspaper.
Mayor Pro Tem de Ases stated that he would not ordinarily respond to the
scurrilous type of letter distributed by Charles Jackson but that he felt that he
must take exception to the statements made by Mr. Jackson by which the Council's
integrity and honesty had been questioned. He further stated that he was owned by
no one except his family and is not obligated to anyone bn any issue.
Council Member Diaz agreed with the statements made by Mayor Pro Tem
de Ases and stated that he is not obligated to.anyone as a result of his recent
campaign; that he had never accepted anything from any supporters; and that he
would grant no political favors to any citizen who contributed to his campaign.
Council Member Sample also stated that he must take exception to the
vicious attack against the integrity of the Council and expressed shock at this
personal attack on himself and other members of the Council.
Council Member Lozano stated that remarks such as had been made do not
deserve an answer.
Council Member Gill expressed her displeasure regarding Mr. Jackson's
remarks and stated that no one knows how she will vote on an issue until her vote
is actually cast.
Minutes
Special Council Meeting
May 23, 1977
Page 5
Mrs. Jerry Martin, 401 Ashland, spoke in opposition to the zoning request,
stating that she felt that the value of her property would go down with the instal-
lation of a funeral home; questioned the owners' proposal to control traffic on
Gaines Street; and pointed out the fact that the cemetery fencing and landscaping
are very unattractive on the Gaines Street side.
Mr. Morgan Spear, architect, assured Mrs. Martin that as the cemetery is
developed, there will be plans to landscape the area. Mr. Spear also informed '
Mrs. Martin that there is no gate at the intersection of Gaines and Ashland, and
the traffic near her street would be minimal.
Motion by Diaz that the hearing be closed; seconded by Gulley, and passed
unanimously.
Motion by Gulley that the application of Seaside Memorial Park Association,
Inc., for change of zoning from "R -1B" to "B-1" be denied, but in lieu thereof, a
special permit be granted subject to the condition that the funeral home contain
no crematory; seconded by Diaz.
Motion by de Ases that restriction of access to the funeral home from
Gaines Street be added to the motion as an amendment. There was no second to the
amendment to the motion.
Mayor Luby called for a vote on the motion by Gulley, which was passed by
the following vote: de Ases, Diaz, Gulley, Lozano and Sample voting "Aye"; Luby
and Gill voting "No".
Mayor Luby called for a brief recess at this time.
*Mayor Pro Tem de Ases departed the meeting during the recess because of a
prior commitment.
Following the recess, City Manager Townsend announced the public hearing
on Application #377-4, Mr. Hoyt Parish, for a change of zoning from "R -1B" One -
family Dwelling District to "AB" Professional Office District on Lots 27 and 28,
Block 6, Koolside Addition, located on the east side of Dorthy Drive, approxi-
mately 60 feet south of Gollihar Road. Mr. Townsend stated that the Planning
Commission recommends denial and the Staff recommends that it be approved.
Chief Planner Wenger presented background information on the surrounding
land uses, stating that the Staff recommends approval because other similar busi-
nesses are in the area.
Minutes'
Special Council Meeting
May 23, 1977
Page 6
Speaking in opposition to the change of zoning, Mrs. Barbara Cline, 912
Dorthy, stated that she had lived at this address for 25 years and she and her
husband are opposed to further encroachment of business which would create further
traffic problems. Mrs. Cline also pointed out several business locations where the
firms had gone out of business.
The applicant for the change of zoning on this request was not present,
and no one else spoke in favor or in opposition to it.
Motion by Gulley that the hearing be closed; seconded by Lozano, and passed
unanimously.
City Manager Townsend reminded the Council that five votes would be
required to overrule the recommendation of the Planning Commission.
Motion by Gulley that the recommendation of the Planning Commission be
accepted and the application be denied; seconded by Gill, and passed by the follow-
ing vote: Luby, Diaz, Gill, Gulley, Lozano and Sample voting "Aye"; de Ases absent.
City Manager Townsend announced the public hearing on Application #377-5E,
Mr. W. S. Lee, for an Exception to the Screening Fence Requirement along the north,
west and south property lines of Lot 1, Lyle Subdivision Annex, located at the
northwest corner of Greenwood Drive and Gollihar Road. Mr. Townsend stated that
the Planning Commission and the Planning Staff recommend approval.
Chief Planner Wenger presented background information on this area, pointed
out the area involved on the zoning map, and stated that the Staff recommends appro-
val of the application on the basis that the screening fence would serve no useful
purpose.
No one appeared to speak in opposition to this request.
Motion by Sample that the hearing be closed; seconded by Diaz, and passed
unanimously.
Motion by Sample that the recommendation of the Planning Commission be
accepted and the Exception to the Screening Fence Requirement be approved; seconded
by Diaz and passed by the following vote: Luby, Diaz, Gill, Gulley, Lozano and
Sample voting "Aye"; de Ases absent.
Minutes
Special Council Meeting
May 23, 1977
Page 7
City Manager Townsend announced the public hearing on the Text Amendment
to Article 31, Newly Annexed Territory, Section 31-5, to designate three (3) tracts
of land now outside the City for "R-2" Multiple Dwelling, "A-1" Apartment House and
"B-1" Neighborhood Business Districts, which upon annexation of the area to the City
would automatically be zoned as TRACT A: "B-1" Neighborhood Business District,
2.479 acres; TRACT B: "A-1" Apartment House District, 11.207 acres; and TRACT C:
"R-2" Multiple Dwelling District, 6.159 acres; all three tracts being out of Lot
17, Section 5, Flour Bluff and Encinal Farm and Garden Tracts, located at the south-
east corner of Everhart and Snowgoose Roads. Mr. Townsend stated that the Planning
Commission recommends approval and the Planning Staff is opposed to the "B-1" zoning
for Tract A.
Chief Planner Wenger presented background information on this item, pointed
out the area involved on the zoning map, and stated that the owners of the three
tracts had approached the Planning Commission and requested that this be brought
forward prior to annexation.
No one spoke in opposition to the proposed Text Amendment.
Motion by Lozano that the hearing be closed; seconded by Sample, and passed
unanimously.
Motion by Sample that the recommendation of the Planning Commission be •
accepted and the proposed Text Amendment be approved; seconded by Diaz, and passed
by the following vote: Luby, Diaz, Gill, Gulley, Lozano and Sample voting "Aye";
de Ases absent.
City Manager Townsend presented the ordinances reflecting the approved
zoning changes, and the following ordinances were approved:
ORDINANCE NO. 13738:
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 TIM CLOWER BY
AMENDING THE ZONING MAP BY CHANGING THE ZONING ON A PORTION OF LOTS 1, 2, 10 AND
11, LYLE SUBDIVISION, SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS,
FROM "R -1B" ONE -FAMILY DWELLING DISTRICT TO "B-1" NEIGHBORH00D BUSINESS DISTRICT;
KEEPING IN EFFECT ALL OTHER PROVISIONS OF THE EXISTING ORDINANCE AS AMENDED; REPEAL-
ING ALL ORDINANCES IN CONFLICT HEREWITH; AND DECLARING AN EMERGENCY.
Minutes
Special Council Meeting
May 23, 1977
Page 8
The Charter Rule was suspended and the foregoing ordinance was passed by the fol-
lowing vote: Luby, Diaz, Gulley, Lozano and Sample voting "Aye"; Gill voting "No";
de Ases absent.
ORDINANCE NO. 13739:
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 SEASIDE MEMORIAL
PARK ASSOCIATION, INC., BY GRANTING A SPECIAL PERMIT SUBJECT TO THE CONDITION
THAT THE FUNERAL HOME CONTAIN NO CREMATORY, ACCORDING TO THE SITE PLAN APPROVED
BY THE PLANNING COMMISSION, SUBJECT TO THE CONDITIONS HEREINAFTER SET FORTH ON AI
PORTION OR TRACT OF LAND OUT OF LOT 8, SECTION 1, FLOUR BLUFF AND ENCINAL FARM
AND GARDEN TRACTS, 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 fol-
lowing vote: Diaz, Gulley, Lozano and Sample voting "Aye"; Luby and Gill voting
"No"; de Ases absent.
ORDINANCE N0. 13740:
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 MR. W. S. LEE,
FOR AN EXCEPTION TO THE STANDARD SCREENING FENCE REQUIREMENT, ALONG THE NORTH,
WEST AND SOUTH PROPERTY LINES OF LOT 1, LYLE SUBDIVISION
IN AANNEX,
EXT SITUATED
SIT ATEDRIN THE
NRT-
CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS;
VISIONS 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 fol-
lowing vote: Luby, Diaz, Gill, Gulley, Lozano and Sample voting "Aye"; de Ases
absent.
ORDINANCE NO. 13741:
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, BY AMENDING ARTICLE 31, NEWLY ANNEXED
TERRITORY, BY AMENDING SECTION 31-5 BY ADDING THERETO NEW SUBSECTIONS, TO BE
NUMBERED 31-5.14, 31-5.15 AND 31-5.16, SETTING FORTH ZONING CLASSIFICATIONS ON
THE DESCRIBED TRACTS OF LAND WHEN ANNEXED TO THE CITY OF CORPUS CHRISTI, SAID
TRACTS BEING DESCRIBED AS BEING OUT OF LOT 17, SECTION 5, FLOUR BLUFF AND ENCINAL
FARM AND GARDEN TRACTS; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING
FOR PUBLICATION; AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the foregoing ordinance was passed by the fol-
lowing vote: Luby, Diaz, Gill, Gulley, Lozano and Sample voting "Aye"; de Ases
absent.
Minutes
Special Council Meeting
May 23, 1977
Page 9
City Manager Townsend presented the following City Manager's Reports
which had been added to the agenda as emergency items:
a. Recommendation that a drilling permit be issued to McMoRan Exploration
Company for a well with a surface location in the southeast corner of
State Tract 350 approximately two miles southeast of Ingleside. The
well will be directionally drilled to a bottom hole location in the center
of the tract. The location is regular and no exceptions to the Bay Dril-
ling Ordinance have been requested.
City Manager Townsend explained that McMoRan Exploration Company had
encountered a problem over the weekend in the area where they were drilling;
they had a lease further out in the Bay; and they were allowed to proceed to
drill at the location mentioned above, subject to the Council's approval. Mr.
Townsend further stated that permission was granted temporarily since the delay
was costing the company $10,000 a day.
Motion by Gulley that this permit be approved; seconded by Diaz and
passed unanimously.
City Manager Townsend stated that he would like to place an emergency
item on Wednesday's agenda to set a public hearing in response to an appeal
filed with the City Secretary's office in regard to the action of the Electrical
Advisory Board which will be considered by the Council on Wednesday. Mr. Townsend
reminded the Council that the item concerns the recommendation by the Board that
the Electrical Licensing Ordinance be amended. Council Members indicated agree-
ment, and City Manager Townsend stated that he will recommend a public hearing.
be set in two weeks to hear the appeal.
City Manager Townsend explained the following two items which had been
added as emergency items:
b. Consideration of a Resolution urging the Texas Air Control Board to
not modify its present procedures regarding issuance of permits.
c. Consideration of a Resolution urging the Congress to act expeditiously
to adopt reasonable enforcement guidelines which will allow the develop-
ment of responsible industry and at the same time maintain and improve
the quality of the nation's air.
City Manager Townsend explained the serious problems that would• exist
if the Texas Air Control Board modifies procedures for issuing permits for cities
included on the list of non -attainment, which includes Corpus Christi. He indicated
Minutes
Special Council Meeting
May 23, 1977
Page 10
that there is a need for a member of the staff to attend the meeting of the Texas
Air Control Board in Houston on Wednesday to present the Resolution, if it is
approved by the Council.
Mayor Luby suggested that City Manager Townsend attend the meeting to
represent the City, stating that the problem is very serious since it would affect
all new plants that may consider locating in Corpus Christi. City Manager Townsend
agreed to attend the meeting.
City Manager Townsend stated that the Resolution proposed in Item "c" had
not been prepared but would be on the agenda Wednesday, May 25.
Motion by Sample that Item "b" of the City Manager's Reports be approved;
seconded by Lozano and passed unanimously.
The following resolution in connection With Item "b" was approved:
RESOLUTION NO. 13742:
RESOLUTION URGING THE TEXAS AIR CONTROL BOARD TO: 1. AVOID PRECIPITOUS ACTION
WHICH COULD CAUSE IRREPARABLE HARM TO THE PLANNED AND ORDERLY DEVELOPMENT OF THE
INDUSTRIAL BASE OF CORPUS CHRISTI AND OF TEXAS; 2. CONTINUE TO ISSUE PERMITS UNDER
THE TEXAS CLEAN AIR ACT FOR THE ORDERLY GROWTH OF INDUSTRIES AND FOR THEIR MODI-
FICATION TO COMPLY WITH CHANGES IN THE AVAILABILITY OF ENERGY AND IN THE MARKET
PLACE; 3. RECOGNIZE ITS GRAVE RESPONSIBILITY TO THE PEOPLE OF TEXAS TO ENABLE THE
CONTINUATION OF THEIR EMPLOYMENT AND TO ASSIST IN THE PROVISION OF BETTER JOBS,
WHILE AT.THE SAME TIME EXERCISING RESPONSIBLE CONCERN AND REGULATION OVER THE
QUALITY OF THE STATE'S AIR.
The Charter Rule was suspended and the foregoing resolution was passed by the
following vote: Luby, Diaz, Gill, Gulley, Lozano and Sample voting "Aye"; de Ases
absent.
There being no further business to come before the Council, on motion by
Sample, seconded by Lozano, and passed unanimously, the Special Council Meeting
was adjourned at 8:20 p.m., May 23, 1977.