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
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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.
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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.
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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
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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.
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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.
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Special Council Meeting
December 21, 1977
Page 7
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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.