HomeMy WebLinkAboutMinutes City Council - 10/05/1977 - SpecialPRESENT:
MINUTES
CITY OF CORPUS CHRISTI, TEXAS
SPECIAL COUNCIL MEETING
OCTOBER 5, 1977
4:15 P. M.
Mayor Jason Luby
Mayor Pro Tem Eduardo E. de Ases
Council Members:
David Diaz
Ruth Gill
Bob Gulley
Gabe Lozano, Sr.
Edward L. Sample
City Manager.R. Marvin Townsend
City Attorney J. Bruce Aycock
City Secretary Bill G. Read
Mayor Pro Tem Eduardo E. de Ases called the meeting to order in the
Council Chamber in the temporary absence of Mayor Jason Luby. He stated that
the purpose of the meeting is to conduct public hearings on three zoning appli-
cations.
City Secretary Bill G. Read stated that a quorum of the required Charter
Officers to conduct a legally constituted meeting is present.
City Manager R. Marvin Townsend announced the public hearing on Applica-
tion #877-11, Mr. Alfred Edge, for a change of zoning from "R -1B" One -family
Dwelling District to "A-1" Apartment House District on a 0.890± acre tract of
land out of Lot 13, Fallin's Riverside Subdivision, located on the east side of
Callicoate Road, approximately 700 feet south of Leopard Street.
City Manager Townsend informed the Council that the Planning Commission
recommends denial, and the Planning Staff recommends approval, based on the various
types of zoning existing in the area. He also stated that the Staff advises that
the opposition to the change of zoning is sufficient to invoke the 20% rule.
Chief Planner Larry Wenger located the area on the zoning and land use map;
explained the land use in the surrounding area; and showed slides of the area. Mr.
Wenger explained that the Planning Staff recommends approval because the area imme-
diately south is zoned "AB" and there is "B-4" zoning in the area; therefore, they
felt that "A-1" would be good transitional zoning.
Council Member Gill inquired about the proposed use of septic tanks for the
apartments that the owner plans to construct.
Mr. Wenger stated the proposed plans for the septic tank system would have
to be submitted to the City -County Health Department for approval.
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Special Council Meeting
October 5, 1977
Page 2
Mr. David Coover, Jr., Attorney representing the applicant, addressed the
Council and gave his explanation of the reasons for the opposition that had been
expressed at the Planning Commission hearing. He related some of the matters of
concern expressed by the property owners in the area such as inadequate fire and
police protection; inadequate drainage and the possibility that drainage in the
adjacent area would be adversely affected; increased traffic due to the increase
in residents in the apartments; and the area residents' concern about devaluation
of their property. Mr. Coover stated that he had checked with the Tax Office in
regard to the values and had ascertained that the ten nearest pieces of property
were estimated to have a valuation of $185,000, as opposed to this property, which
will have an estimated valuation of $400,000, and he concluded that this project
would not decrease the value of the adjacent property.
Mr. Coover further explained that the applicant, Mr. Edge, anticipated a
need for apartments in the area to provide housing for the employees of the new
ethylene plant and construction workers employed at the plant while it is under
construction. He also pointed out that the sewer service might be improved for
e the entire area if there are enough residents to warrant this.
Mayor Luby called for comments from members of the audience who were in
opposition to the application.
Mr. Perry Burkett, whose office is located at 538 South Tancahua, appeared
on behalf of the opponents and stated that Mr. Coover had already mentioned most
of the items to which the area residents objected. He stated that a number of
area residents were present at the hearing, and he would ask each individual to
express their opposition.
Mr. Robert Henderson, 4201 Callicoate, expressed his opposition to the
change of zoning, stating that he had moved to that area to have a lot of room
and enjoy country -type living.
Mr. Bill Anderson, speaking on behalf of Mr. Henderson, mentioned that it
will require six votes of the Council to approve the application. He explained
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Special Council Meeting
October 5, 1977
Page 3
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the history of the zoning and the rural type of environment planned for the area
and the "AB" zoning on the adjacent property was probably a mistake and represented
spot zoning, in his opinion. Mr. Anderson emphasized that the rural atmosphere
would be destroyed if "A-1" zoning is approved. He also stated that he felt that
the existence of septic tanks might affect the area downhill from the apartment
complex.
Also speaking in opposition to the change of zoning was Mr. Curtis Thompson,
4218 Callicoate, citing as his reasons the possible drainage problem and the ques-
tion of whether the septic tanks could serve a large number of residents of an
apartment complex.
Since there seemed to be a number of people in the audience who were
opposed to this change of zoning, Mayor Pro Tem de Ases asked for a show of hands
of those in opposition, and approximately 19 people indicated that they were present
to express their objections.
Speaking in opposition to the application for many of the reasons listed
above were Mrs. Betty Thompson, 4218 Callicoate Road; Mrs. Maybelle Connally, 4245
Callicoate Road; Mr. Astolfo Torres, 4240 Callicoate Road; and Mr. Shirley Green,
4202 Callicoate Road.
Motion by Lozano that the hearing be closed, seconded by Sample and passed
unanimously.
Motion by Sample that the recommendation of the Planning Commission be
accepted and that the zoning application be denied; seconded by Gill and passed
unanimously.
City Manager Townsend announced the public hearing on Application #877-13,
Ms. Kathleen McCain, for a change of zoning from "R -1B" One -family Dwelling District
to "B-1" Neighborhood Business District on Lot 1, Mathis Estates, located at the
northwest corner of Laura Place and Gollihar Road. Mr. Townsend informed the Council
that both the Planning Commission and the Planning Staff recommend denial, and the
20% rule is in effect. He also stated that in response to the notices of the public
hearing, five had been returned expressing opposition. City Manager Townsend also
stated that a petition, which was not dated, had been received with 18 signatures
indicating that they are not opposed to a special permit for a small plant and shell
shop to be located dt 3322 Gollihar.
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Special Council Meeting
October 5, 1977
Page 4
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Chief Planner Wenger located the area on the zoning and land use map;
explained the land use in the surrounding area; and showed slides of the area.
Mr. Jerry Mathis, 12925 East Redbird, spoke on behalf of the applicant.
Mr. Mathis advised the Council that Ms. McCain had wanted to apply for a special
permit for a plant and shell shop but was informed that it would be necessary to
apply for a change of zoning. He reminded the Council that the petition that
was signed by 18 residents of the area indicated that there was no objection to
a special permit for this special use.
Council Member Diaz inquired if Ms. McCain would be satisfied with a spe-
cial permit, and Mr. Mathis stated that she would because she only wants to operate
the small shop.
City Manager Townsend explained that if the shop is sold, and the use
changes, the special permit would no longer be in effect.
Mr. R. Rice, 4429 Laura, stated that he had obtained signatures on the
original petition of objection to the change of zoning, but after he discovered
that only a small shop was contemplated for this location, he had drawn up another
petition offering no objection to the special permit and had obtained the signatures
on Monday, October 3. Mr. Rice did state, however, that he objected to a driveway
being located next to his property to provide access to the garage to be used for
the shop.
Council Member Lozano stated that with a special permit, a site plan has
to be approved before Council approval.
City Manager Townsend stated that the site plan will have to include the
location of the driveways, and the entire plan for the property will have to be
approved. Mr. Townsend further stated that if it is the Council's desire to approve
a special permit, there may be problems because the site plan would have to include
provisions for parking.
No one else appeared in connection with this zoning matter.
Motion by Sample that the hearing be closed, seconded by Lozano and passed
unanimously.
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Special Council Meeting
October 5, 1977
Page 5
Motion by Gulley that the application for change of zoning from "R -1B"
to "B-1" be denied, but in lieu thereof a special permit be approved, subject to
approval of a site plan; seconded by de Ases and passed unanimously.
City Manager Townsend stated that this zoning case will be before the
Council after a site plan has been developed.
City Manager Townsend announced the public hearing on Application #877-14,
Mr. Gilbert Garza, for a change of zoning from "R-2" Multiple Dwelling District to
"B-1" Neighborhood Business District on Lot 8, Block 1, Saxet Heights No. 2,
located at the northwest corner of'Krejci Lane and Old Robstown Road. Mr. Townsend
informed the Council that both the Planning Commission and the Planning Staff
recommend denial. He reminded the Council that this case had been heard before,
and that in response to the notices of public hearing mailed to residents in the
area, five in opposition and three in favor had been returned.
Chief Planner Wenger located the area on the zoning and land use map;
explained the land use in the surrounding area; and showed slides of the area.
The applicant, Mr. Gilbert Garza, spoke at this time and stated that he is
applying for a change of zoning to conduct a real estate business; the "8-1" zon-
ing is requested in order to keep the sign; and he alleged that the petition signed
by residents in the area was presented to them, at which time they were told that
the change of zoning was requested so that a tavern would be constructed there. Mr.
Garza also informed the Council that a special permit would be acceptable limiting
the use to the real estate office.
Council Member Sample inquired if it would be possible to approve a special
permit for the sign.
Chief Planner Wenger stated that the "R-2" zoning allows home occupation
only, and when the case was heard before, the Council did not approve the sign, but
that a special permit could be granted allowing for the real estate office and the
sign.
City Manager Townsend stated that the special permit would have to deal
with the off-street parking and other requirements. He reminded the Council that
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Special Council Meeting
October 5, 1977
Page 6
this case was settled at one time with the understanding that the free-standing
sign would be removed; the real estate office could be retained as a home business;
and Mr. Garza was allowed to rent the apartment at the rear of the property. Mr.
Townsend also informed the Council that the matter was taken to court to see that
the sign was removed.
Mr. Garza stated that the face of the sign has been removed, but the
structure is still there.
Council Member Sample pointed out that there are business firms in that
area and that he did not understand the objection to the free-standing sign on
Old Robstown Road.
City Manager Townsend stated that there are a number of residential areas
nearby, and the concern is that this zoning will be an intrusion into the neigh-
borhood. Mr. Garza stated that there are no houses adjacent to his property.
Speaking in favor of the application was Miss Belinda Garza, daughter of
the applicant, who stated that it was her understanding that at the Planning
Commission meeting, the neighbors had made derogatory remarks about her family,
which she stated were not true. Miss Garza expressed the opinion that the sign
enhances the appearance of the neighborhood and provides needed lighting. She
stated that she hoped that the people speaking in opposition will address their
remarks to the zoning application rather than degrading the family.
Council Member Lozano assured her that such remarks, to his knowledge, had
'not been made at the previous hearing before the Council.
Speaking in opposition to the change of zoning was Mr. Claude Cochron, Jr.,
3718 Sobey Drive, who reviewed the history of the case and pointed out that Mr.
Garza had built apartments without a permit, which were later approved by the
Council, and he then constructed a sign which was in violation of the current
zoning, and if the Council now approves the sign, he feels that they will be con-
doning misdemeanors performed by Mr. Garza.
Also speaking in opposition to this application was Mrs. Dorothy Smelser,
3644 Sobey Drive, who also pointed out the two violations to the zoning that had
occurred at this location. Mrs. Smelser also stated that a traffic problem exists
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Special Council Meeting
October 5, 1977
Page 7
on Krejci Street when cars are parked on both sides of the street.
Mrs. Curtis B. Dyer, Sr., 3714 Sobey Drive, spoke in opposition to the zoning
case and informed the Council that a petition, dated August 15, 1977, with 31 signa-
tures, had been presented objecting to the "13-1" zoning.
Mrs. Pat Sullivan, 3714 Liberty, stated that she owns property in the same
neighborhood and questioned why these violations had been allowed for such a long
time and suggested that possibly additional personnel was needed in the Inspection
Department. Mrs. Sullivan expressed the opinion that approval after an infraction
has occurred is wrong.
No one else spoke in regard to this matter.
Motion by Sample that the hearing be closed, seconded by Diaz and passed
unanimously.
Motion by Gill that the recommendation of the Planning Commission be
accepted and that the change of zoning be denied; seconded by Gulley, and passed
by the following vote: de Ases, Gill, Gulley, and Sample voting "Aye"; Diaz,
abstaining; Luby and Lozano voting "No".
There being no further business to come before the Council during the
Special Council Meeting, on motion by de Ases, seconded by Sample and passed
unanimously, the meeting was adjourned at 5:58 p.m. October 5, 1977.
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