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HomeMy WebLinkAboutMinutes City Council - 12/21/1977 - SpecialMINUTES CITY OF CORPUS CHRISTI, TEXAS SPECIAL COUNCIL MEETING DECEMBER 21, 1977 3:50 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 Mayor Jason Luby called the Special Council Meeting to order in the Council Chamber of City Hall and stated that the purpose of the meeting was to conduct public hearings on three zoning applications. City Secretary Read stated that a quorum was present to conduct a legally constituted meeting. City Manager Townsend announced the public hearing on Application #1177-3, - Gulf Gate, Inc., for a change of zoning from "B-4" General Business District to "I-2" Light Industrial District on Lots 30 and 31, Ebony Acres Unit No. 1, located on the north side of Leopard Street, approximately 327± feet east of Benys Road. Mr. Townsend stated that in response to the notices of the public hearing, two in opposition and one in favor had been returned. Chief Planner Wenger located the area on the zoning and land use map; des- cribed the land use in the surrounding area; showed slides of the area; and explained that the Planning Commission recommends denial of the "I-2" zoning but in lieu thereof that a Special Permit be approved for watchman's quarters on Lot 30. He also stated that the Planning Staff has recommended denial because it was felt that industrial uses would be an encroachment on the residences to the rear but they would not oppose the Special Permit for watchman's quarters, as recommended by the Planning Commission. No one spoke in opposition to this application. Motion by Lozano that the hearing be closed, seconded by Sample, and passed unanimously. Motion by Lozano that the Council concur with the recommendation of the Planning Commission and that the "I-2" zoning be denied, but in lieu thereof approve MC MOD P 0 31980 Minutes Special Council Meeting December 21, 1977 Page 2 a Special Permit for watchman's quarters on Lot 30 according to the approved site plan; seconded by de Ases; and passed by the following vote: Luby, de Ases, Diaz, Gill, Lozano and Sample voting "Aye"; Gulley abstaining since he is personally acquainted with the applicant. City Manager Townsend announced the public hearing on Application 111177-4, Mr. and Mrs. Guy D. Winstead, for a change of zoning from "B-1" Neighborhood Busi- ness District to "B-4" General Business District on Lot 22-R, Block 6, Koolside Addition, located on the west side of Airline Road, approximately 250 feet south of Gollihar Road. Mr. Townsend stated that the Planning Commission recommends denial of the "B-4" zoning but in lieu thereof approval of a Special Permit for an automotive repair garage according to the approved site plan, and that the Planning Staff recommends denial on the basis that the property is already zoned neighborhood business and general business should not be permitted anywhere along Airline Road except possibly at major intersections or near the expressway. City Manager Townsend informed the Council that in response to the notices of the public hearing, one in favor and one in opposition had been returned. Chief Planner Wenger located the area on the zoning and land use map; des- cribed the land use in the surrounding area; and showed slides of the area. The applicant, Mr. Guy D. Winstead, spoke in regard to his application and stated that he preferred "B-4" zoning rather than a Special Permit. Mr. Winstead mentioned the fact that a service station has been in the area for several years and was basically a garage. He stated that he proposed to use the garage for installation of air conditioning. Also speaking in regard to this application was Mr. Charles Nichols, 1547 Lea Lane, who indicated that he favored the "B-4" zoning in the area, comparing the location to the zoning at the intersection of Kostoryz and Gollihar. Mr. Nichols stated that he had attended the last Planning Commission meeting during which the Commission had recommended denial of most of the zoning applications. Minutes Special Council Meeting December 21, 1977 Page 3 He informed the Council that he would prefer serving as a member of the Planning Commission rather than the Human Relations Commission and pointed out that he felt that the problems with the zoning applications that are presented to the City are preventing the City from collecting proper taxes and discouraging business firms from locating in the City. No one else spoke in regard to this application. Motion by Sample that the hearing be closed; seconded by Lozano; and passed unanimously. Motion by de Ases that the recommendation of the Planning Commission be accepted and that the zoning of "B-4" be denied but in lieu thereof a Special Permit be approved for the automotive repair garage; seconded by Sample; and passed unani- mously. Council Member Gill suggested that since so many Special Permits are approved rather than "B-4" zoning because of the many uses allowed under this type of zoning, that the business zoning categories be studied in an effort to determine if other zoning categories could be devised that would limit some of the business uses. Council Member Lozano indicated his agreement with this suggestion and made the observation that there are too many objectionable uses allowed under "B-4" zoning. City Manager Townsend pointed out that service stations are allowed under "B-1" zoning, but when mechanical repairs are involved, "B-4" zoning is necessary because of the excessive noise. He emphasized that in this case, the applicant wants to establish a garage that abuts residential areas, and the Special Permit was recommended so that the Council could exercise control of the use. Mr. Townsend also pointed out that "B-4" zoning allows the installation of larger signs. Council Member Gill mentioned the fact that a lot of Special Permits are denied because of the sign problem and suggested that the staff discuss this matter also. Mayor Luby agreed and suggested that a workshop discussion be held on the matter of signs in the City. h -__maces Special Council Meeting December 21, 1977 Page 4 City Manager Townsend announced the public hearing on Application #1177-8, Mr. Ben Marks, et al, for a change of zoning from "A-1" Apartment House District to "A-2" Apartment House District on a 6.6± acre tract of land, being a portion of Lots 3 and 4, Oso Farm Tract, located at the southeast corner of Corona Drive and Flynn Parkway. Mr. Townsend stated that the Planning Commission recommends approval, and the Planning Staff recommends denial on the basis that the present "A-1" zoning was set up as a transition type zoning; that there is considerable traffic congestion along Everhart Road due to commercial and apartment use; and that approval would add to the problem because the majority of traffic would be funneled through the Everhart and Padre Island Drive intersection. City Manager Townsend informed the Council that in response to the notices of the public hearing, two in favor had been returned. Chief Planner Wenger located the area on the zoning and land use map; des- cribed the land use in the surrounding area; and showed slides of the area. City Manager Townsend pointed out that this same property was considered for rezoning in 1974, and the required park dedication had not proceeded. Representing the applicant was Mr. Tim Clower, Realtor, who stated that the applicant is presently developing Century Plaza, Inc., which is all "B-4"; they have plans to develop an apartment complex; mentioned the increase in costs of residential property; and expressed the opinion that apartment houses are the most economical type of housing. Mr. Clower pointed out that this is an area that contains a number of businesses and stated that "A-2" zoning is designed to be in an area of high density, and this area definitely qualifies for that. Council Member Sample indicated that he thought that the density factor . was considered so as to eliminate the possibility of excessive density. Chief Planner Wenger agreed, stating that zoning should be approved so as not to over- populate any area. Council Member Gill inquired about the park dedication that City Manager Townsend had mentioned. Mr. Townsend asked Mr. Clower if, the owners planned to Minutes Special Council Meeting December 21, 1977 Page 5 make that dedication. Mr. Clower informed the Council that the applicant had made a cash payment for the park, but a park area was not designated. City Manager Townsend stated that the tract of land was large enough that there should have been a park dedication; the Platting Ordinance requires a park; and when the last zoning was granted, a park was shown on the plan. Mr. Ben Marks confirmed that the park was never dedicated, but the owners will be glad to plan a park if the City desires. He reiterated that funds have been paid for the park. City Manager Townsend stated that he felt that the Planning Commission should have indicated that a park should be dedicated. Mr. Marks stated that there is a drainage way and a grassy area that is maintained that could take the place of a park, but that they will either donate money or dedicate land for a park. No one spoke in opposition to this application. Motion by Gulley that the hearing be closed; seconded by Sample; and passed unanimously. Motion by Gulley that the recommendation of the Planning Commission be accepted and that the zoning on this property be changed to "A-2"; seconded by Diaz. Council Member Sample stated that he would like to have an explanation from Mr. Wenger as to why the Planning Staff recommended denial and would also like to hear a statement from Mr. Romeo Garcia, member of the Planning Commission, who was present for the zoning hearings. Chief Planner Wenger stated that the Staff had recommended denial because there is no assurance that the development will be limited to the density of 22.2 units per acre as indicated; the only way to control the density is by approval of a Special Permit; this area is very congested; access is extremely difficult; the intersection of Everhart and Padre Island Drive is very hazardous; and this apart- ment complex will add to the traffic problem. He also stated that the "A-1" and "R-2" zoning were approved for this area some time ago to control the situation. Minutes Special Council Meeting December 21, 1977 Page 6 Mr. Romeo Garcia, member of the Planning Commission, stated that based on Mr. Marks' participation in the local development, the Commission felt that the developers intend to carry out this project as it was presented to the Commission. He further stated that, after looking at the plans for the complex, they felt that the traffic circulation would not present a problem since there seemed to be an adequate number of exits for the complex. Council Member Gill inquired of Mr. Garcia if the Commission members always relied on the statements of the applicants that they will actually develop property as they indicate. Mr. Garcia admitted that there is no 100 percent assurance that the devel- opers will develop the property as they say they will, but in this case, the Com- mission had taken into consideration the fact that the developer is presently constructing another development in the City and stated that he, personally, feels sure that the developers will construct the number of units which they have described. Council Member Sample expressed the opinion that a Special Permit would be more in order to be sure that the proposed development will take place as indicated. Mayor Luby called for the vote on the motion for approval of "A-2" zoning, 1 and the motion passed by the following vote: Luby, de Ases, Diaz, Gill, Gulley and Lozano voting "Aye"; Sample voting "Nay". Mayor Luby called for the ordinances to be considered in connection with the foregoing zoning applications. City Secretary Read informed the Council that the 1 ordinance for the Gulf Gate, Inc., application was not before him and polled the Council for their votes on the following ordinances, which were approved: ORDINANCE NO. 14096: 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 ORDI- NANCE AND RESOLUTION RECORDS, AS AMENDED FROM TIME TO TIME, AND PARTICULARLY AS AMENDED BY ORDINANCE NO. 6106, AS AMENDED, UPON APPLICATION OF MR. AND MRS. GUY D. WINSTEAD, BY GRANTING A SPECIAL PERMIT FOR AN AUTOMOTIVE REPAIR GARAGE, ACCORDING TO THE SITE PLAN APPROVED BY THE PLANNING COMMISSION, SUBJECT TO THE CONDITIONS HEREINAFTER SET OUT, ON LOT 22-R, BLOCK 6, KOOLSIDE ADDITION, SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS; KEEPING IN EFFECT ALL OTHER PROVISIONS IN THE EXISTING ORDINANCE AS AMENDED; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND DECLARING AN EMERGENCY. rtes Special Council Meeting December 21, 1977 Page 7 1 The Charter Rule was suspended and the foregoing ordinance was passed by the fol- lowing vote: Luby, de Ases, Diaz, Gill, Gulley, Lozano and Sample voting "Aye". ORDINANCE NO. 14097: 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 BEN MARKS, ET AL, BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON A PORTION OF LOTS 3 AND 70S0 FARM TRACTS, SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "A-1" APARTMENT HOUSE DISTRICT TO "A-2" APARTMENT HOUSE DISTRICT; KEEPING IN EFFECT ALL OLHER 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: de Ases, Diaz,' Gulley and Lozano voting "Aye"; Luby and Sample voting "Nay"; Gill, abstaining. The Special Council Meeting was recessed at 4:50 p.m. The Special Council Meeting was reconvened at 5:20 p.m. in order for the Council to consider the ordinance on the zoning application of Gulf Gate, Inc. City Secretary Read polled the Council for their votes, and the following ordinance was approved: ORDINANCE NO. 14095: 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 GULF GATE, INC., BY GRANTING A SPECIAL PERMIT FOR A WATCHMAN'S QUARTERS ACCORDING TO THE SITE PLAN APPROVED BY THE PLANNING COMMISSION, SUBJECT TO THE CONDITIONS HEREINAFTER SET FORTH, ON LOT 30, EBONY ACRES UNIT NO. 1, 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 DECLAR- ING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the fol- lowing vote: Luby, de Ases, Diaz, Gill, Lozano and Sample voting "Aye"; Gulley, abstaining. There being no further business to come before the Council, the Special Council Meeting was adjourned at 5:25 p.m. December 21, 1977.