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
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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.
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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.
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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
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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"
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Special Council Meeting
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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.
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Special Council Meeting
December 20, 1978
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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.
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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.
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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
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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.
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Special Council Meeting
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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.