HomeMy WebLinkAboutMinutes City Council - 02/16/1977 - SpecialMINUTES
CITY OF CORPUS CHRISTI, TEXAS
SPECIAL COUNCIL MEETING
FEBRUARY 16, 1977
3:30 P.M.
PRESENT:
Mayor Jason Luby
Mayor Pro Tem Bill Tipton
Councilmembers:
Eduardo E. de Ases
.Ruth Gill
Bob Gulley
Gabe Lozano, Sr.
Edward Sample
City Manager R. Marvin Townsend
City Attorney J. Bruce Aycock
City Secretary Bill G. Read
Mayor Jason Luby called the meeting to order in the Council Chambers of
City Hall.
City Secretary Read stated a quorum was present.
City Manager Townsend announced the public hearing on Application #1276-9,
Joe Adame & Ralph Cook, for change of zoning from "R-16" One -family Dwelling District
to "B-1" Neighborhood Business District on a 2.06+ acre tract of land out of
Gregoria Farias Grant, located along the northwest right of way of U.S. Highway 77,
and on the east side of Calallen Drive at its intersection with Teague Lane.
He reviewed that the Planning Conmiss,ion and Planning Staff recommend denial of
the application; and that, in response to notices of the public hearing, one letter
was returned in opposition. He added that, due to the written opposition, the
20% rule would be in effect.
Chief Planner Wenger presented a land use and zoning map of the area and
summarized the facts of the case.
The applicant, Mr. Ralph Cook, 4929 Branscomb Drive, explained they plan a
small strip shopping center which they feel would be an asset to the area. He
stressed that they are also concerned about the safety of children walking to
the nearby elementary school, and that they have agreed to pay the assessment for
the construction of a sidewalk on the property across the street.
Mayor Luby read a letter in the file from Mr. Clyde Teague, Superintendent
of the Calallen Independent School District, which states they withdrew their
objection to the case based on the premises that sidewalks be constructed and
that a restriction be included to prevent the on -premise consumption of alcoholic
beverages.
MICROFILMED
SEP 0 3 NO
Minutes
Special Council Meeting
February 16, 1977
Page 2
Speaking in opposition was Mr. Farrell D. Smith, who owns adjacent property.
He stated that children from the school would be drawn into the shopping center.
He also charged that it would be spot zoning and would be legally invalid; and
that Highway 77 is dangerous for that type of development along there. He also
told of his plans to develop his property.
Motion by Tipton that the hearing be closed; seconded by Sample and passed
unanimously.
Motion by Sample to accept the recommendation of the Planning Commission
that the application be denied; seconded by Gill. After discussion, the Motion
passed -- with Gulley voting No.
Mayor Luby stated he must leave the meeting at this time. Mayor Pro Tem
Tipton assumed the Chair.
City Manager Townsend next announced the public hearing on Application
#1276-5, Conn -Sherrod Company, Inc., for change of zoning from "R -1B" One -family
Dwelling District to "A-2" Apartment House District on a 4.8+ acre tract of land
out of Lot B-1, Block 1, Paisley Tract, located approximately 320 feet west of
Everhart Road, south of Harry Street and north of South Staples Street. Mr. Townsend
stated that the recommendation of the Planning Commission is "that it be denied, but
in lieu thereof a special permit was approved for an apartment complex in accordance
with a site plan indicating 27 units per acre, adequate screening by the installation
of high windows along the rear of the structures facing Pope Place, and that the
screening fence be constructed along the rear of the property according to the
design approved by the City for the adjacent apartment project." He reported that
the Planning Staff recommends approval of "A-1" in lieu of "A-2" because the Staff
is concerned with the amount of density in the area and that more than one public
access should be provided. Mr. Townsend added that seven responses have been
received in oppo;ition, and three in favor of the zoning change.
Minutes
Special Council Meeting
February 16, 1977
Page 3
Chief Planner Wenger presented the zoning map and pointed out the
surrounding land uses.
One of the applicants, Mr. Bob Sherrod, explained that they plan to
add 132 units to their existing complex, and will meet all City requirements.
He explained that they built a masonry fence, costing over $12,000, to provide
more screening for the adjacent homes; and that they recently hired an engineering
firm to determine if the fence was properly constructed. He assured that they
will do whatever is necessary to make it safe.
Mr. Don R. Shelton, 4117 Harry, spoke in opposition, stating he did not
believe the fence is safe and would withstand strong winds.
Mr. M. Cuellar, 4113 Harry, complained that there are four or five apartments
that can look down directly into his back yard, and he does not want any more built.
He also expressed some doubt that the company did not keep their commitments
pertaining to construction of the present complex there, particularly that the
apartments would not have a view into the adjacent homes.
Mr. Sherrod responded that the site plan for the first complex was not
changed at all; that everything was built as presented. He acknowledged that it
is possible that some tenants in the apartments could see the homes due to the
angles of the buildings.
Mrs. Ed Kiolbassa, 4133 Harry, stated that she can see about six apartments,
and they can look down at their home. She stated that the screening which the
company installed on the windows is not permanent and can be removed. She
maintained that the previous special permit for the present apartments was
granted because the Council was told by the developers that there would not be
an invasion of privacy -- which she said there is. She also expressed her
opinion that the apartments are not very well built, and they are afraid if there
is wind that the roofs or fence would blow down onto their homes. Mrs. Kiolbassa
also complained that there are no playgrounds for the children in the complex,
and objected to the fact that many workers and much of the materials used for
the complex came from out of town rather than locally.
a
Minutes
Special Council Meeting
February 16, 1977
Page 4
Dr. Ray Govett, 4146 Harry, stated he lives across the street from the
new proposed addition and is very much.against.it. He charged that the present
development did not maintain the standards in the neighborhood; that the fence
is not stable; and that there is no park or playground area for the children.
Mr. Sherrod then showed pictures of other apartment complexes in Corpus
Christi which directly overlook adjacent houses.
Mrs. Kiolbassa objected to the pictures being shown the Council, stating
they are discussing a specific area; and that if an error was made with the others,
she does not believe two wrongs make a right.
Mr. Joe Miller, with the developers, stated they had met with the Fire
Department to assure that the area could be served in case of an emergency.
Motion by Gulley that the hearing be closed; seconded by Sample and passed
unanimously.
Motion by Gulley that the request for "A-2" zoning be denied, but in lieu
thereof a special permit be approved as recommended by the Planning Commission.
Motion died for lack of a second.
In following discussion, Councilmember Gill inquired if the Staff follows
up on a site plan to be sure that the trees and landscaping are put in as specified.
City Manager Townsend replied that the Staff has no mechanism for trying to
enforce something on the site plan which is shown as a green area and labeled
"trees" or landscaping.
Councilmember Gulley inquired the approximate cost of the development; the
applicants answered about 2.5 million dollars.
Councilmember de Ases expressed concern about the manner in which the
apartments were constructed insofar as the adjacent property owners' comments
heard today.
Motion by Gulley that the request for "A-2" zoning be denied, but in lieu
thereof a special permit be approved as recommended by the Planning Commission,
with the addition of tall trees to be planted closely along the back fence for
screening purposes; seconded by Gill.
Councilmember Sample voiced his opinion that the request should be denied
in order to protect the surrounding homeowners' investments.
Minutes
Special Council Meeting
February 16, 1977
Page 5
The Motion failed -- with Gill and Gulley voting Aye; de Ases, Lozano,
Sample and Tipton voting No; (Luby absent).
City Manager Townsend next announced the public hearing on Application
#177-5, Community Baptist Church, for a change of zoning from "R -1B" One -family
Dwelling District to "B-1" Neighborhood Business District on a portion of Lot 6,
F. D. Lyle Subdivision, located on the south side of Horne Road, approximately
100 feet east of Columbia Street. He reported that the Planning Commission and
Staff recommend approval, and that one letter was received in favor of the request.
Chief Planner Wenger summarized the surrounding zoning and land uses.
No one from the audience spoke in opposition.
Motion by de Ases that the hearing be closed; seconded by Sample and passed,
unanimously.
Motion by de Ases to accept the recommendation of the Planning Staff that
it be approved; seconded by Sample and passed unanimously.
City Manager Townsend then announced the public hearing on Application
#177-8, Burkett and Burkett, Inc., for change of zoning from "A-1" Apartment
House District to "AB" Professional Office District on a 0.128+ acre tract of land
out of Survey 341, also being a portion of R. W. Rayne Tract, located on the east
side of South Tancahua Street, approximately 100 feet north of Park Avenue. He
stated that the Planning Commission and Staff recommend approval; that four
letters were returned in favor and one in opposition to the zoning application.
Mr. Townsend also presented Application #177-9E, Burkett and Burkett, Inc., for
an exception to the screening fence requirement along the east property line of
Lot B, Block 4, Rayne Tract, located at the northeast corner of South Tancahua
Street and Park Avenue. He reported that the Planning Commission and Staff
recommend approval; also that three letters were received in favor and one in
opposition.
Chief Planner Wenger reviewed the surrounding zoning and land uses and
explained the applications.
Minutes
Special Council Meeting
February 16, 1977
Page 6
No one in the audience addressed the Council relative to the applications.
Motion by de Ases that the hearing be closed; seconded by Lozano and
passed unanimously.
Motion by de Ases to approve Applications #177-8 and 177-9E; seconded by
Lozano and passed unanimously.
There being no further business at this Special Council Meeting, it was
adjourned at 6:08 p.m., February 16, 1977.