Loading...
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.