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HomeMy WebLinkAboutMinutes City Council - 05/25/1977 - SpecialMINUTES CITY OF CORPUS CHRISTI, TEXAS SPECIAL COUNCIL MEETING MAY 25, 1977 3:30 P.M. PRESENT: 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 City Attorney J. Bruce Aycock City Secretary Bill G. Read The meeting was called to order by Mayor Jason Luby at 4:45 p.m. in the Council Chamber of City Hall. City Secretary called the roll of required Charter officers and stated that a quorum was present. City Manager Townsend announced the public hearing on Application #177-7, Garth Carroll, for change of zoning from "A-1" Apartment House District to "AB" Professional Office District on Lots 11 and 12, Block 5, Del Monte Addition, located at the southwest corner of Santa Fe Street and Ohio Avenue. Mr. Townsend stated that the Planning Commission has recommended denial of the change of zoning but recom- mended that a Special Permit be approved for office use. He also stated that the Planning Staff recommends denial. The City Manager further stated that two notices in favor of the application had been returned and two in opposition had been received in response to the notices of public hearing that had been mailed. Chief Planner Larry Wenger presented a land use and zoning map of the area and summarized the background information of the application. The applicant, Mr. Garth Carroll, addressed the Council and stated that he planned to construct an office building which will be for his own use as an archi- tect's office; there will be 17 parking spaces; an architect's office does not create a lot of traffic; and pointed out that on subsequent corners on Santa Fe Street, the property is zoned "AB". Chief Planner Wenger expressed the opinion that if this zoning is approved, it would create a domino effect and the residences in the area would be affected. Mayor Luby inquired if anyone in the audience would like to speak in oppo- sition to this application. MICROFILMED;, SEP 0 31980_ Minutes Special Council Meeting May 25, 1977 Page 2 Mrs. Jan Dorsey, 301 Louisiana Parkway, spoke in opposition to the change of zoning and stated that the area is surrounded by residences; similar zoning will follow if this is approved; and this change would increase traffic and decrease the property values. Also speaking in opposition to the application was Mr. Joe Lewis, 229 Ohio, stating that he is opposed to the change because of the domino effect of a change of zoning; pointed out that Ohio is a very narrow street; traffic would be increased; and stated that he felt sure that other businesses would use the pro- posed structure. He urged the Council to deny the application and reduce the zoning to "R -1B". Mr. Carroll indicated that the building might be leased to other business firms. Council Member Gill addressed the Council as a private citizen living in the vicinity and expressed her opposition to the change of zoning. She pointed out the area is residential in nature with the exception of a small neighborhood business zoning to serve the area. She mentioned the numerous accidents that had occurred in the area. Council Member Gill questioned the remark of the applicant that his office building would improve the neighborhood and stated that it is a good residential area now. Council Member Diaz inquired about the present zoning of "A-1" and asked how many units could be built on it. Chief Planner Wenger stated that four units could be built on the lots. Motion by Sample that the hearing be closed; seconded by Diaz and passed unanimously. Motion by Gill that the application for change of zoning from "A-1" to "AB" be denied; seconded by de Ases, and passed by the following vote: de Ases, Gill, Lozano, and Sample voting "Aye"; Luby, Diaz, and Gulley voting "No". City Manager Townsend announced the public hearing on Application #277-4, Seaview Medical Enterprises, Inc., for a change of zoning from "SP" Special Permit to "AB" Professional Office District on Edwin E. Conner Tract, located on Minutes Special Council Meeting May 25, 1977 Page 3 the southeast side of the 4600 Block of Weber Road, between Barnes Street and Bradford Drive. City Manager Townsend stated that the Planning Commission has recommended denial, but in lieu thereof a special permit be granted subject to presentation of a satisfactory site plan which will include all existing require- ments except for the limitation of a one-story building plus an additional require- ment dealing with lighting and handling of garbage. Mr. Townsend further stated that the Planning Staff's recommendation is the same as that of the Planning Commission with the exception that they recommend that the special permit be limited to a one-story building. City Manager Townsend informed the Council that there is an indication that the 20% rule is in effect since a petition had been received expressing opposition to the proposed zoning change. He also stated that in response to the notices of the public hearing, the City had received three notices in favor of the zoning change and thirteen in opposition. Chief Planner Larry Wenger presented background information on this appli- cation; pointed out the area on the zoning map; presented slides of the Physicians and Surgeons Hospital and the surrounding area; and located the site of the pro- posed 3 -story addition for a medical office building. He stated that the addition will be built over a landfill that has not been used in twenty years. City Manager Townsend interjected that the area was not really a sanitary landfill but was actually a covered dump. Mr. Jack Solka, 4707 Everhart, Architect and co-owner of the hospital, reviewed the overall plan for the improvements and presented a drawing of the proposed three-story addition to the existing building. Mr. Solka explained that the addition will provide hospital facilities on the entire first floor and the second and third floors will provide offices for doctors. He stated that the three-story building will be less expensive and more practical and that adequate soil tests will be performed to be sure there is no problem with the landfill. In regard to the question regarding the installation of lighting in the parking lot, Mr. Solka stated that box lights are planned for the area so that the illumination will not go beyond the fence on their property. Minutes Special Council Meeting May 25, 1977 Page 4 Mr. Harlan Heitkamp, engineer on the project, explained the methods of construction contemplated to assure that no problem will exist since the building will be built partly over the landfill. Mr. Heitkamp stated that a portion of the existing building is built over the landfill and there has been no settlement. Mayor Luby called for comments from the audience of those who are in opposition to this change of zoning or the special permit recommended. Speaking in opposition to the granting of the special permit were Mr. Douglas H. Mobley, 4033 Bradford; Mrs. Janie Laughter, 4009 Barnes; Mrs. S. L. Williams, 4011 Bradford; Mrs. C. S. Yarbrough, Route 1, Box 212A (owner of six houses on Bradford). Those speaking in opposition expressed the view that the three-story building would constitute an invasion of their privacy; increase the volume of traffic; there is an existing problem with garbage in the hospital area; and some of them questioned the safety of building the three-story addition over a former landfill. No one else spoke in opposition or in favor of the application. Motion by Sample that the hearing be closed; seconded by Gulley, and passed unanimously. Council Member Gulley inquired if, since the 20% rule is in effect, it would require six votes of the Council to grant a special permit. City Manager Townsend indicated that it would, unless the citizens voicing opposition withdrew their objections. Council Member Gill moved that since the original special permit limited improvements to.a one-story structure,a special permit be approved for a one-story facility and the zoning application be denied; seconded by Diaz. Council Member Gulley moved to amend this motion to allow for a three- story structure; seconded by de Ases. Discussion followed. Mayor Luby called for a vote on the amendment to the original motion, which passed by the following vote: de Ases, Diaz, Gulley, Lozano and Sample voting "Aye"; Luby and Gill voting "No". Council Member Gulley called for further discussion. Minutes Regular Council Meeting May 25, 1977 Page 5 Council Member Diaz inquired of Mr. Solka if the applicant were required to limit the structure to one story, could the plans be changed? Mr. Solka replied such a limitation would kill the plan for the facility since it would be much too expensive. Mr. Leo Frederick, 5045 Meandering Lane, Administrator of the Hospital, stated that they have received no complaints concerning these issues; there are nine vacant acres behind the tract; the hospital has a Certificate of Need granted on June 24, 1976; they have to ask for an extension of the permit; and pointed out that citizens have purchased their homes in the area knowing the hospital is there. Council Member Diaz expressed his concern that if a compromise is not reached, the request for the special permit is dead. City Manager Townsend indicated that calculations need to be made to determine if the 20% rule is actually in effect. Motion by de Ases that the application be tabled for further consideration; seconded by Gill, and passed unanimously. City Manager Townsend stated that the staff will make the necessary calculations to determine if the 20% rule is in effect and the matter will be brought forward next week. City Manager Townsend announced the public hearing on Application #277-5, Mr. J. C. Byles, for a change of zoning from "R -1B" One -family Dwelling District to "AB" Professional Office District on Lot 16 and the west 10 feet of Lot 15, Block 2, Koolside Addition, located on the north side of McArdle Road, approxi- mately 120 feet east of Lum Avenue. Mr. Townsend stated that it is the recommen- dation of the Planning Commission and the Planning Staff that the change of zoning be denied. Chief Planner Wenger presented background information on the case and pointed out the area on the land use and zoning map. Mr. J. C. Byles, applicant, stated that he owns Heritage Realty Company and he plans to use the residence on the property as his office. Speaking in opposition to the change of zoning were the following: Mrs. Sue Burns, 1305 Nolan; and Mrs. Thelma Coady, a resident of Nolan Street but not included in the 200' required to be notified. Both of these citizens stated that other zoning cases have been presented and approved for this area; their property Minutes Special Council Meeting May 25, 1977 Page 6 values are decreasing; their residences are boxed in because of the traffic on the narrow, heavily -traveled McArdle Street and the large shopping centers in the area, and Mrs. Burns stated that she resents the fact that the applicant started improvements and began to occupy the premises, using the location as an office before he obtained the proper zoning. City Manager Townsend agreed with the comments made by both of these citizens, stating that the problem there was neglected, and the area has not been platted. Mr. Townsend also stated that there are no approved plans to widen McArdle Street at this time. Others speaking in opposition to the zoning chapge were Mr. Floyd H. Jaeger, 5622 McArdle; Mrs. Arizona Hallmark, 5629 Cordelia; Mrs. Don Pittaway, 1309 Nolan; and Mr. Jim Keating, who is not a resident within the 200' area. No one else spoke in connection with the request for change of zoning. Motion by Gulley that the hearing be closed; seconded by Sample, and passed unanimously. Motion by Gill that the recommendation of the Planning Commission be accepted and the application for change of zoning from "R -1B" to "AB" be denied; seconded by de Ases, and passed by the following vote: de Ases, Gill, Lozano and Sample voting "Aye"; Luby, Diaz and Gulley voting "No". The motion carried and the zoning application was denied. City Manager Townsend next announced the public hearing on Application #277-6, Mr. H. T. Bailey, Trustee, for change of zoning from "R -1B" One -family Dwelling District to "I-2" Light Industrial District on a 6.728± acre portion of Lot 4, Section 7, Bohemian Colony Lands, located along the north right-of-way in the 1900 Block of Saratoga Boulevard. Mr. Townsend stated that the Planning Commission and the Planning Staff recommend approval. There was no discussion of this application. 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 application for change of zoning from "R -1B" to "I-2" be approved; seconded by de Ases, and passed unanimously. Minutes Special Council Meeting May 25, 1977 Page 7 City Manager Townsend presented the following ordinance for consideration of the Council. City Secretary Read called for the vote of the Council, and the ordinance was approved: ORDINANCE NO. 13757: 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 H. T. BAILEY, TRUSTEE, BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON LOTS 1 THROUGH 14, BLACK 6, SARATOGA PLACE, AS FILED OF RECORD IN VOL. 42, P. 142, MAP RECORDS, SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS FROM "R -1B" ONE - FAMILY DWELLING DISTRICT TO "I-2) LIGHT INDUSTRIAL DISTRICT; KEEPING IN EFFECT ALL OTHER PROVISIONS OF THE EXISTING ORDINANCE AS AMENDED; REPEALING ALL ORDI- NANCES IN CONFLICT HEREWITH; AND DECLARING AN EMERGENCY. The Charter Rule was suspended, and the foregoing ordinance was passed by the following vote: Luby, de Ases, Diaz, Gill, Gulley, Lozano and Sample voting "Aye". There being no further business to come before the Council, on motion by Gulley, seconded by de Ases, and passed unanimously, the Special Council Meeting was adjourned at 7:00 p.m. May 25, 1977.