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HomeMy WebLinkAboutMinutes City Council - 12/20/1978 - 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 DECEMBER 20, 1978 3:30 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 Chambers of City Hall and stated that the purpose of the meeting was to conduct public hearings on six zoning applications. City Secretary Bill G. Read verified that a quorum of required Charter Officers was present to conduct a legally constituted meeting. City Manager R. Marvin Townsend announced the public hearing on Applica- tion No. 1078-7, Mr. Don Stacy, for a change of zoning from "AB" Professional Office District and "SP" Special Permit to "B--4" General Business District on Lot 17-R, Block 20, Windsor Park #4, located at the southeast corner of South Staples Street and Collingswood Drive. Mr. Townsend explained that the Planning Commission recommends that the application be denied but in lieu thereof, a special permit be granted according to the approved site plan of the subject property and the sign elevation require- ments, and the Planning Staff recommends that the application be denied on the } basis that there is already a proliferation of signs in the area and if approved, other applications will be made by professional offices in the area for larger signs. 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 Larry Wenger located the tract of land on the zoning and land use map, described the land use in the surrounding area, showed slides of the area, and stated that the applicant has requested "B-4" zoning in order to construct a free-standing sign for his real estate office. He presented a site plan that had been approved by the Commission with a plan for the sign attached. Utes Special Council Meeting December 20, 1978 Page 2 City Manager Townsend expressed the opinion that the sign should have been included as a part of the plat, rather than attached to the site plan. Discussion followed in regard to the size and wording of the sign. Mr. Romeo Garcia, representative of the Planning Commission, stated that the Commission was concerned about the size of the sign, not the wording. Mayor Lozano ascertained that the applicant would accept the special per- mit in lieu of the requested zoning. No one spoke in opposition to this request. Motion by Holt that the hearing be closed, seconded by Juarez and passed unanimously. Motion by Holt that the Council concur with the recommendation of the Planning Commission and approve a special permit allowing the erection of a free-standing sign in accordance with the sign elevation requirements for Appli- cation No. 1078-7; seconded by Gulley; and passed by the following vote: Lozano, Gulley, Diaz, Holt, Juarez and Sample voting "Aye"; Gill, abstaining and stating that she is doing so because there are no specific guidelines in regard to signs. * * * * * * * * * * * * City Manager Townsend announced the public hearing on Application No. 1178-7, Randal Stivers, Jim Nix and Joe Adame, for a change of zoning from "B-2" Bayfront Business District and "A-2" Apartment House District to "B-5" Primary Business District, on all of the most southerly 216.10± feet of Lot 2, Lots 3 and 4, C. G. Glasscock Bay Front Bay Addition and Boat Harbor, located on the east side of Ocean Drive, north of Cole Park. Mr. Townsend called to the Council's attention the fact that both the Planning Commission and the Planning Staff recommend approval with the recommenda- tion that, if at all possible, the property be deed restricted to "B-2" uses rather than those permitted in "B-5" and that the setback and sign regulations of "8-2" also be maintained. He informed the Council that in response to the notices of the public hearing, two in favor and one in opposition had been returned. City Manager Townsend further stated that the staff also recommends that the water area be changed to "B-2" and that the land areas could be granted special permits for the use requested. autes Special Council Meeting December 20, 1978 Page 3 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. He explained that the applicants plan the construction of condominiums, hotel, retail stores and marina facilities. Mr. Wenger then presented the Council with copies of conditions which the staff recommends be complied with if the application is approved. Mr. Wenger further explained that the staff is concerned about the usage of the property and the open space problem, stating that they have been working with the applicants and they have agreed to create visual corridors thru the complex to Corpus Christi Bay at Elizabeth and Morgan Streets. City Manager Townsend stated that there is no problem with all of the uses in "B-2" zoning for the planned use; there is no opposition to changing the zoning of "A-2" to "B-2", but there are problems in density except the planned use for hotel rooms. He reiterated that the staff recommends that the water area, which is zoned "A-2", be changed to "B-2", and that a special permit be approved for the land area. Mr. Garcia of the Planning Commission explained that during the public hearing before them, a representative of Sasaki, Walker and Associates had appeared on behalf of the applicants and had assured them that the proposed improvements are in compliance with the recommendations of the report prepared several years ago by his firm. Mr. Garcia further stated that the Commission was in favor of assisting the applicants in their plans for the project, and the only reason their recommendation was not more specific was because the staff needed time to obtain answers to some of the zoning questions and classifications that were involved in the request. He indicated that he felt that the Commission would agree to the recommendations of the staff in order to enable the applicants to proceed with their very worthwhile plan for this area. Mr. Randal Stivers, one of the applicants, addressed the Council and stated that'they would accept any type of zoning that would allow them to begin the pro- ject. He explained to the Council the type of experience they have had in develop- ing other property. Mr. Stivers stated that their plans include development of the condominiums, marina, the seawall, and a hotel, which should be very desirable in this location . He also explained that he and the other owners had employed Wilbur Minutes Special Council Meeting December 20, 1978 Page 4 Smith and Associates to prepare a report of the entire area, and the report prepared by this firm was agreeable to both the Commission and the Staff. Mr. Stivers also pointed out that the Sasaki -Walker firm had also concurred with their plans, with a few minor changes, such as: (1) They felt that visual corridors should be maintained from Ocean Drive to the water; (2) The high-rise buildings should be perpendicular to the water; and (3) There should be a minimum of visual on-site parking and traffic movement. Mr. Stivers assured the Council that he and his partners had attempted to design the project to meet those recommendations. He informed the Council that the plans call for 1,140 condominium units; a 600 -room hotel; 2,500 parking spaces below the level of Ocean Drive; a marina; a yacht club for residents; and 45,000 square feet of retail type structures. Mr. Stivers pointed out that the representative of Sasaki -Walker had suggested that if people are the means of revitalizing the downtown area, this project will certainly be instrumental in attracting a number of rather affluent people to the downtown area. Mr. Stivers continued his presentation by stating that they plan to begin the project at the Cole Park end of the property with the development of some of the condominiums, some of which will face Cole Park, thus possibly changing the character of the park. Mr. Stivers noted that the special permits are usually issued for only one year and stated that he would like to request that, since this is such a large project, the special permit be issued for a minimum of five years. City Manager Townsend assured Mr. Stivers that the special permit could be granted for one year and extended for four years. Mr. Stivers stated that they plan to begin construction on the first phase of the project during the last quarter of 1979, and construction of the hotel will start in 1980. No one spoke in opposition to this zoning application. Motion by Diaz that the hearing be closed, seconded by Juarez and passed unanimously. Motion by Holt that the Council approve the change of zoning of the water i area consisting of 12.303± acres from "A-2" Apartment House District to "B-2" _nutes Special Council Meeting December 20, 1978 Page 5 Bayfront Business District, and that a special permit be granted on the land area consisting of 14.315' acres, subject to the conditions as recommended by the staff, said permit to be granted for a period of 5 years rather than the usual 1 year; seconded by Gulley; and passed unanimously. * * * * * * * * * * * * City Manager Townsend announced the public hearing on Application No. 1178-8, Mr. Lupe R. Tunches, for a change of zoning from "R -1B" One -family Dwelling District to "B-1" Neighborhood Business District on Lot 44, Block 4, Chula Vista Addition #1, located at the southeast corner of Greenwood Drive and Sherman Street. Mr. Townsend stated that both the Planning Commission and the Planning Staff recommend denial on the basis that this requested zoning would be an intru- sion into an established residential area. He also informed the Council that no responses to the notices of the public hearing were returned. , Chief Planner Wenger located the tract on the zoning and land use map, described the land use in the surrounding area, showed slides of the area, and stated that the applicant desires to establish a retail outlet for a florist shop at this location. Council Member Diaz inquired if there are any other neighborhood businesses in the area, and Mr. Wenger replied that there are none in the immediate vicinity. Speaking on behalf of the applicant was Mr. Tony Bonilla, who informed the Council that Mr. Tunches, who is slightly disabled, plans to retire from the Navy; Mrs. Tunches has just completed a flower arranging course; and they would like to open a florist shop. He stated that the structure at this location has very few windows since it was formerly used as a real estate office and that Mr. and Mrs. Tunches have discussed their plans with residents of the immediate area, who have signed a form indicating that they have no objection to the florist shop. Mr. Bonilla also pointed out that Greenwood Drive, on which the property sides, has developed into a major thoroughfare and he did not feel that the type of business planned would generate very much traffic. He also stated that the applicant would accept a special permit for the operation of the florist shop. .nutes Special Council Meeting December 20, 1978 Page 6 Council Member Juarez stated that he understood that there is a garage repair shop on a corner near the subject property. Chief Planner Wenger stated that he is not aware of such a business, and Mr. Bonilla agreed with Mr. Juarez that there might be a garage repair shop in the area. Council Member Holt inquired if the property owner adjacent to the subject property had agreed to the establishment of a florist shop at this location, and Mr. Tunches, the applicant, informed him that all of the property owners in the immediate vicinity have agreed to it with the exception of the owner directly across the street. Council Member Sample inquired about the possible effect of property that fronts on Greenwood Drive in this area if this change of zoning is approved, stating that he is concerned about the width of Greenwood Drive and whether or not business -zoned property in this area would create a hazard for children walking to school along Greenwood Drive. Mr. Sample expressed concern that if this property is zoned for business, other property owners along Greenwood Drive might also request business zoning. Chief Planner Wenger agreed that there would be a domino effect if this application is approved and stated that there would be a driveway problem on the street if many of the lots are zoned for businesses. Council Member Diaz stated that he is not opposed to the location of a flower shop on this property because he did not feel that much traffic would be created, but that he would prefer to approve a special permit for this use only. Council Member Sample pointed out that the close proximity of the ele- mentary school should be considered also. Mr. Garcia, of the Planning Commission, reported that the Commission had discussed the same problems when considering this application, but they decided that the pattern of the residential area is such that it should be maintained, and they, therefore, recommended denial of the application. No one spoke in opposition to this change of zoning request. Motion by Holt that the hearing be closed, seconded by Diaz and passed unanimously. .Linutes Special Council Meeting December 20, 1978 Page 7 Motion by Sample that the Council deny the zoning of "B-1" but in lieu thereof, approve a special permit for a flower shop, according to an approved site plan; seconded by Diaz. Council Member Gill suggested that this motion be amended to specify that no free-standing sign would be allowed on this property. Council Member Sample and Council Member Diaz both agreed to amend the motion accordingly. Mayor Lozano called for the vote on the amended motion, and it passed unanimously. * * * * * * * * * * * * City Manager Townsend announced the public hearing on Application No. 1178-9, Mr. J. R. Underwood, Jr., for a change of zoning from "R -1B" One -family Dwelling District to "B-1" Neighborhood Business District on Lot 9, Block 3, Arcadia Subdivision, located between Florida Avenue and South Staples Street, approximately 550 feet north of Annapolis Drive. Mr. Townsend informed the Council that both the Planning Commission and the Planning Staff recommend denial on the basis that such zoning would be an intrusion into this residential area. He also stated that in response to the notices of the public hearing, four in favor and one 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, showed slides of the area, and stated that the applicant is the owner of Carr's Cleaners and Laundry, inc. and desires to install an employees' parking lot at this location, with access to be from South Staples Street. City Manager Townsend noted that if "B-1" zoning is approved, access could be from either Staples or Florida Avenue. Discussion followed in regard to the various use of lots in the area. Council Member Gill expressed the opinion that employees parking in the proposed lot would have difficulty in crossing Staples Street to reach their place of business. //mites �7 ' Special Council Meeting December 20, 1978 Page 8 Mr. Hayden Head, Jr., Attorney representing the prospective purchaser, explained that the parking lot presently being utilized by the employees of the cleaning company can no longer be used, and if this parking lot cannot be estab- lished, a problem will be created in the neighborhood if the employees make a practice of parking on the nearby residential streets. He assured the Council that this property will not be used for any purpose except for employee parking and that he did not anticipate any problem with the employees crossing the street since there is only one shift in operation and the traffic lights at the inter- sections are timed so that there is a break in the flow of traffic. Mr. Head stated that his client would accept a special permit for a parking lot and that they plan to landscape the property and maintain it properly. Mr. A. C. Skinner, Jr., owner of Carr's Laundry and Dry Cleaners, spoke at this time and stated that his employees have parked across the street from his place of business in the past and have not encountered any problem in cross- ing the street, since they go to work at 7:30 a.m. and usually depart at 4:00 p.m. No one spoke in opposition to this application. Motion by Gulley that the hearing be closed, seconded by Holt and passed unanimously. Motion by Gulley that the zoning of "8-1" for Application No. 1178-9 be denied, but in lieu thereof,•a special permit for a parking lot be approved, sub- ject to the approval of a site plan; seconded by Holt; and passed unanimously. * * * * * * * * * * * * City Manager Townsend announced the public hearing on Application No. C1178-10, City of Corpus Christi Landmark Commission, for a change of zoning from "R -1B" One -family Dwelling District to "HC" Historical -Cultural Landmark Preservation on Lots 1-4, Block 313, Port Aransas Cliffs, located at the north- west corner of Floyd Street and Rossiter Street. City Manager Townsend stated that both the Planning Commission and the Planning Staff recommend approval and that in response to the notices of the public hearing, one in opposition and two in favor were returned. Chief Planner Wenger located the area on the zoning and land use map, described the land use in the surrounding area, showed slides of the area, and nutes Special Council Meeting December 20, 1978 Page 9 informed the Council that the purpose of the request is for the restoration and preservation of the existing structure. Mayor Pro Tem Gulley noted that according to the summary of the Planning Commission meeting, the applicant will be able to apply for funds if the "HC" zoning is approved and asked for further explanation of this statement. Mr. Wenger stated that Miss Margaret Ramage had mentioned this possibility but he was not aware of the source of such funds. City Manager Townsend also stated that he is not aware of any grants of this nature. No one spoke in opposition to this change of zoning. Mr. Bill Holland, a member of the Landmark Commission, stated that the owner of this house, Dr. Albert J. Wood, had requested that this zoning be designated by the Landmark Commission, and the structure will continue to be used for a residence. Motion by Sample that the hearing be closed, seconded by Juarez and passed unanimously. Motion by Holt to accept the recommendation of the Planning Commission and grant the zoning of "HC" on Application No. C1178-10; seconded by Sample; and passed unanimously. * * * * * * * * * * * * City Manager Townsend announced the public hearing on Application No. C1178-12, City of Corpus Christi, for a change of zoning from "A-1" Apartment House District to "R -1B" One -family Dwelling District on Tract A, and from "R-2" Multiple Dwelling District to "R -1B" One -family Dwelling District on Tract B -- Tract A being Lot 29, Block 1, Club Estate South, and Tract B being Lots 22 thru 28, Block ,l, and Lots 54 thru 66, Block 3, Club Estate South; both tracts located on both sides of Edgebrook Drive and Sweet Briar Circle, approximately 100 feet south of Shadowbend Drive. Mr. Townsend stated that both the Planning Commission and the Planning Staff recommend approval of this application and that there were no responses to the notices of the public hearing. .nutes Special Council Meeting December 20, 1978 Page 10 Chief Planner Wenger located the area on the zoning and land use map, described the land use in the surrounding area, showed slides of the area, and stated that this zoning request is just to zone the property in accordance with the intended use within this subdivision. No one spoke in regard to this application. Motion by Holt that the hearing be closed, seconded by Juarez and passed unanimously. Motion by Holt that the Council concur with the recommendation of the Planning Commission and the zoning on Application No. C1178-12 be changed to "R -1B"; seconded by Juarez; and passed unanimously. * * * *.* * * * * * * * City Manager Townsend presented the ordinances that had been prepared on two of the zoning applications. City Secretary Read polled the Council for their votes, and the following ordinances were approved: ORDINANCE NO. 14691: 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. 12315, PASSED AND APPROVED BY THE CITY COUNCIL ON OCTOBER 16, 1974, BY AMENDING THE ZONING MAP BY DESIGNATING LOTS 1 THROUGH 4, BLOCK 313, PORT ARANSAS CLIFFS, IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS WITH THE HISTORICAL - CULTURAL LANDMARK DESIGNATION, IN ADDITION TO THE PRESENT ZONING DESIGNATION ON SAID PARCEL OR TRACT; KEEPING IN EFFECT ALL OTHER PROVISIONS OF THE EXISTING ZONING ORDINANCE AS AMENDED; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Lozano, Gulley, Diaz, Gill, Holt, Juarez and Sample voting "Aye." ORDINANCE NO. 14692: 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 CITY OF CORPUS CHRISTI BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON BLOCK 1, LOT 29 (TRACT A) AND BLOCK 1, LOTS 22 THRU 28 AND BLOCK 3, LOTS 54 THRU 68 (TRACT B) CLUB ESTATES SOUTH SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "A-1" APARTMENT HOUSE DISTRICT (FOR TRACT A); AND :R-2" MULTIPLE DWELLING DISTRICT (FOR TRACT B) TO "R -1B" ONE -FAMILY DWELLING 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 passed 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 Holt, seconded by Juarez and passed unanimously, the Special Council Meeting was adjourned at 5:28 p.m. December 20, 1978.