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HomeMy WebLinkAboutMinutes City Council - 05/23/1977 - Special• c= 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.