Loading...
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. 't Minutes 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 Minutes Special Council Meeting October 5, 1977 Page 3 f 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. Minutes Special Council Meeting October 5, 1977 Page 4 c 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. 0 Minutes 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 Minutes 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 Minutes 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. F 1