HomeMy WebLinkAboutMinutes City Council - 02/22/1978 - SpecialPRESENT:
Mayor Gabe Lozano, Sr.
Mayor Pro Tem Bob Gulley
Council Members:
David Diaz
Ruth Gill
Joe Holt
Tony Juarez, Jr.
Edward L. Sample
MINUTES
CITY OF CORPUS CHRISTI, TEXAS
SPECIAL COUNCIL MEETING
FEBRUARY 22, 1978
3:50 P.M.
City Manager R. Marvin Townsend
City Attorney J. Bruce Aycock
City Secretary Bill G. Read
Mayor Gabe Lozano, Sr., called the meeting to order in the Council Chamber
of City Hall.
City Secretary Bill G. Read stated that a quorum of required Charter
Officers was present.
City Manager R. Marvin Townsend announced the public hearing on Applica-
tion #178-7, Coastal Halfway Houses for Alcoholics, for a change of zoning from
"A-1" Apartment House District and "R -1B" One -family Dwelling District to "AB"
Professional Office District on Lots 25, 34, 35, 36, 37, 38, 41 and 42, Country
Club Place, located on the north side of Highway #37 and on both sides of Country
Club Drive.
Mr. Townsend informed the Council that the Planning Commission and the
Planning Staff both recommend approval. He also stated that in response to the
notices of the public hearing, two in opposition had been returned.
Chief Planner Larry Wenger located the area on the zoning and land use
map, described the land use in the surrounding area, and showed slides of the
area.
Speaking in opposition to this zoning change was Mr. Bill Miller, 2805
Austin Street, who stated that he is opposed to it because the applicant has not
given a reason why the change is requested.
City Manager Townsend explained to him that the applicant is presently
providing rehabilitation services for alcoholics and plans to expand this service
to provide a broad spectrum of services ranging from evaluation to long-term
after care for alcoholics in the area.
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Special Council Meeting
February 22, 1978
Page 2
Motion by Sample that the hearing be closed, seconded by Diaz, and passed
unanimously.
Mayor Lozano recognized Mr. Arthur Ramirez, 3542 Heritage, representative
of the Planning Commission,who was present for the public hearings on zoning appli-
cations, and asked him if he had any comments in regard to this application.
Mr. Ramirez emphasized the fact that this project is very worthwhile, and
the Planning Commission felt that "AB" would be good for transitional zoning.
Motion by Sample that the recommendation of the Planning Commission be
accepted and the zoning on this property be changed to "AB"; seconded by Diaz;
and passed unanimously.
City Manager Townsend announced the public hearing on Application (1178-9,
Mr. James W. Wilson, Jr., for change of zoning from "R -1B" One -family Dwelling
District to "B-4" General Business District on portions of Lots 6, 7, 8 and 9,
Gnegy Addition, located on the south side of McArdle Road, approximately 130
feet east of Nolan Avenue.
Mr. Townsend noted that the Planning Commission recommends approval, and
the Planning Staff recommends denial of "B-4" but in lieu thereof, approval of
"A-1" due to traffic congestion, which would be increased if "B-4" zoning is
approved. He stated that in response to the notices of the public hearing, 11
in favor and 4 in opposition had been returned.
Chief Planner Wenger located the area on the zoning and land use map,
described the land use in the surrounding area, and showed slides of the area.
Mr. Wenger informed the Council that the purchaser of the property plans to
construct a regional shopping mall on the land.
Speaking in opposition to the zoning application was Mr. Donald E.
Pittaway, 1309 Nolan Street, who stated that he objects to the zoning change
because there are approximately 40 houses in the adjacent area; Mr. Roy Smith
purchased the property within the 200 -foot radius so that no opposition would
be expressed by residents in the area; an elementary school and a junior high
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Special Council Meeting
February 22, 1978
Page 3
school are in the vicinity; traffic problems will be greatly increased; egress from
the street on which he resides is almost impossible; and there are already several
shopping centers in the area. Mr. Pittaway suggested that the downtown area would
be a better location for this shopping center.
The next citizen speaking in opposition to this application was Mr. Bill
Miller. Mr. Miller pointed out that this shopping center will back up to the
homes in the area; the debris existing around shopping centers will be objectionable
to the area residents; and urged the Council to protect the existing homes by deny-
ing the "B-4" zoning.
Also speaking in opposition to the change of zoning requested was Mrs. Sue
Burns, 1305 Nolan. Mrs. Burns emphasized the fact that residents on this street
have difficulty departing their street now; if the shopping center is constructed,
this problem will be aggravated; and she feels that she will be forced to locate
her home elsewhere.
Mr. Dan Gaches, 1313 Nolan Street, also expressed opposition to the "B-4"
zoning for the same reasons expressed previously. Mr. Gaches also pointed out
that if a fire occurred in the residential area, it would be very difficult for
the people to vacate the area.
City Manager Townsend indicated that he agreed that there is a problem
in the area and stated that the staff had previously recommended that Lum and
Nolan Streets should be connected.
Mayor Pro Tem Gulley expressed the opinion that McArdle Road should be
widened as soon as possible to alleviate some of these traffic problems.
City Manager Townsend stated that before the street can be widened, the
sewer line must be replaced, and a recommendation on this portion of the project
will be forthcoming. He explained, however, that it will be approximately 3
years before the entire project is completed.
Also speaking on this matter was Mr. Floyd Yeager, 5622 McArdle, who
stated that since the opening of the H.E.B. Store and the Sears Store, he has
been inconvenienced by the trash that is blown onto his property. Mr. Yeager
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Special Council Meeting
February 22, 1978
Page 4
expressed opposition to this application for many of the same reasons previously
indicated. He also inquired if the owners of the shopping center will be required
to donate land for the widening of McArdle Road.
City Manager Townsend stated that he did not know whether or not the City
will need to acquire more right-of-way for the street, indicating that he thought
that the City already has 60 feet of right-of-way, which would allow a four -lane
street.
Speaking on behalf of the applicant was Mr. Harry Marks of the law firm of
Gary, Thomasson, Hall and Marks, who stated that he would like to introduce Mr.
James W. Wilson, Jr., the prospective purchaser of the land involved.
Mr. Wilson addressed the Council and informed them that he was a developer
of shopping centers, stating that he has built about 70 centers. He explained
that the proposed shopping center will include two department stores on two levels;
a total of 75 stores, including restaurants, are planned; they propose to construct
this complex adjacent to the Sears Store already located in the area; and assured
the Council that a beautiful facility will be constructed and that he felt that
all of the citizens of Corpus Christi would be proud of the center. He further
stated that landscaping will be installed; the entire mall will be carpeted; it
will be a fashion -oriented mall; and the mall will be available for the use of
cultural groups.
Mr. Wilson continued by stating that the developers have discussed the
traffic problem and pointed out that although there are schools located in the
area, the mall will not open until 10:00 a.m., thus the mall traffic will not
interfere with school traffic. He informed the Council that they realize that
there is a need to widen McArdle Road and assured them that the developers are
quite willing to work with Traffic and Transit to provide the best ingress and
egress in the area.
Mr. Wilson also pointed out that an estimated 2,500 people will be
employed by the mall stores; the construction will involve employment of a large
number of people; the City's tax base will be enlarged; and the existence of an
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Special Council Meeting
February 22, 1978
Page 5
outstanding shopping center will attract area residents to the City. He also
stated that the proposed mall will not be a burden on the City for security, since
the owners plan to employ their own security force.
Council Member Gill spoke in regard to the widening of McArdle Road and
noted that 60 feet of right-of-way would not provide enough land for a center
turning lane on the street. She asked Mr. Wilson for his thoughts on providing
land from this property.
Mr. Wilson stated that they would be willing to accomodate the City and
work in cooperation with the staff on this problem.
Council Member Gill also inquired about the kind of buffer that would
be placed between the existing residences and the proposed shopping center, and
Chief Planner Wenger stated that a standard screening fence would be required.
Council Member Diaz referred to the statement that Lum and Nolan Streets
need to be connected and inquired as to what steps need to be taken to accomplish
this.
City Manager Townsend replied that this project would require acquisition
and paving, and the staff needs Council authority to proceed with this.
Mayor Pro Tem Gulley suggested that if the property is replatted, the
City might require that the streets of Lum and Nolan be connected.
Speaking next on this application was Mr. Ray Peterson of the Peterson
Development Corporation. Mr. Peterson stated that this company owns Gulfway
Shopping Center and Crossroads Shopping Center, both of which are located near
the subject property. He stated that he is in favor of this proposed center and
pointed out that Corpus Christi is growing; this project will provide new money
and jobs for Corpus Christi; it will be an outstanding type of complex; will serve
the people who want a better quality of merchandise; and he feels that other
developers are in favor of this application. Mr. Peterson urged approval of the
zoning request.
Mr. Bill Locke, representing Mr. James D. Peterson, one of the owners of
the property in question, pointed out that the property to be developed will not
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Special Council Meeting
February 22, 1978
Page 6
extend to Lum or Nolan Streets; the staff recommended that apartment zoning would
be best for this property; but he feels that the requested "B-4" zoning would be
better zoning. He also pointed out that the proposed mall will not be completed
until after McArdle Road has been widened.
Motion by Sample that the hearing be closed, seconded by Gill, and passed
unanimously.
Mr. Ramirez of the Planning Commission stated that the Planning Commis-
sion is in favor of this change of zoning, and while they realize that there are
problems with traffic congestion, they feel that this shopping center will be an
asset to Corpus Christi.
Motion by Gulley that the recommendation of the Planning Commission be
accepted and the zoning on this tract of land be changed to "B-4"; seconded by
Diaz; and passed by the following vote: Lozano, Gulley, Diaz, Gill, Juarez and
Sample voting "Aye"; Holt abstaining.
Council Member Holt asked that the records reflect that he did not parti-
cipate in the discussion of the application and that he abstained from voting on
the motion to approve.
In the temporary absence of City Manager Townsend, Mr. Ernest Briones,
Director of Planning and Urban Development, announced the public hearing on
Application #178-10, Cecil and Julie E. Dunn, for a change of zoning from "R -1B"
One -family Dwelling District to "AB" Professional Office District on Share 7 of
the S.W. 680' of the S.E.' of Lot 5, Section 2, Bohemian Colony Club Lands,
located on the north side of Holly Road, approximately 400 feet west of Carroll
Lane.
Mr. Briones informed the Council that the Planning Commission recommends
approval, and the Planning Staff recommends denial, but in lieu therof, a special
permit be approved for a child care center on the basis that a day care center
would be compatible with other uses in the area, but a zoning change would set a
precedent. He stated that 'in response to the notices of the public hearing, 2 in
favor had been returned.
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Special Council Meeting
February 22, 1978
Page 7
Chief Planner Wenger located the area on the zoning and land use map,
described the land use in the surrounding area, and showed slides of the area.
No one spoke in opposition to the zoning application.
Motion by Gulley that the hearing be closed, seconded by Sample, and
passed unanimously.
Motion by Gill that the Council concur with the recommendation of the
Planning Commission and the zoning on this tract of land be changed to "AB";
seconded by Sample; and passed unanimously.
City Secretary Read informed the Council that the ordinances effectuat-
ing the changes on the foregoing zoning applications were not before him at this
time.but would be later.
On motion by Holt, seconded by Juarez, and passed unanimously, the Special
Council Meeting was recessed at 5:14 p.m.
Mayor Lozano reconvened the meeting at 6:50 p.m.
City Manager Townsend presented the ordinances pertaining to the zoning
cases; City Secretary Read polled the Council for their votes; and the following
ordinances were approved:
ORDINANCE NO. 14196:
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 BY COASTAL BEND
HALFWAY HOUSES FOR ALCOHOLICS, INC., BY AMENDING THE ZONING MAP BY CHANGING THE
ZONING ON LOTS 25, 34, 35, 36, 37, 38, 41 AND 42, COUNTRY CLUB PLACE, SITUATED
IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "A-1" APARTMENT HOUSE
DIST. AND "R -1B" ONE -FAMILY DWELLING DISTRICT TO "AB" PROFESSIONAL OFFICE DIS-
TRICT; KEEPING IN EFFECT ALL OTHER PROVISIONS OF THE EXISTING ORDINANCE AS
AMENDED; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND DECLARING AN EMER-
GENCY.
The Charter Rule was suspended and the foregoing ordinance was passed by the fol-
lowing vote: Lozano, Gulley, Diaz, Gill, Holt, Juarez, and Sample voting "Aye."
ORDINANCE NO. 14197:
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 JAMES W.WILSON,
JR., BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON 14.18- ACRES OUT OF
•
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Special Council Meeting
February 22, 1978
Page 8
LOTS 6, 7, 8 AND 9, GNEGY ADDITION, SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES
COUNTY, TEXAS, FROM "R -1B" ONE -FAMILY DWELLING DISTRICT TO "B-4" GENERAL BUSINESS
DISTRICT; 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 approved by the
following vote: Lozano, Gulley, Diaz, Gill, Juarez, and Sample voting "Aye";
Holt, abstaining.
ORDINANCE NO. 14198:
AMENDING TRE 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 CECIL AND JULIE
E. DUNN BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON A PORTION OF SHARE 7
OF THE SW 680 FEET OF THE SE 3 OF LOT 5, SECTION 2, BOHEMIAN COLONY LANDS, SITUATED
IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "R -1B" ONE -FAMILY DWELL-
ING DISTRICT TO "AB" PROFESSIONAL OFFICE DISTRICT; KEEPING IN EFFECT ALL OTHER PRO-
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 approved by the
following vote: Lozano, Gulley, Diaz, Gill, Holt, Juarez and Sample voting "Aye."
There being no further business to come before the Council, on motion by
'Gulley, seconded by Sample, and passed unanimously, the Special Council Meeting was
adjourned at 6:54 p.m. February 22, 1978.