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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. M1il$F��� Minutes 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 Minutes 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 Minutes 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 Minutes 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 Minutes 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. r.___ltes 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 • Minutes 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.