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HomeMy WebLinkAboutMinutes City Council - 10/26/1977 - SpecialMINUTES CITY OF CORPUS CHRISTI, TEXAS SPECIAL COUNCIL MEETING OCTOBER 26, 1977 3:40 P.M. PRESENT: 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 Acting City Secretary Dorothy Zahn Mayor Jason Luby called the Special Council Meeting to order at 3:40 p.m. in the Council Chamber of City Hall and stated that the purpose of the meeting was to conduct public hearings on three zoning applications. City Manager Townsend announced the public hearing on Application 11977-11, Ms. Jean McKoin Bell, for a change of zoning from "R -1B", One -Family Dwelling District, to "R-2" Multiple Dwelling District, on Lots 12, 13 and 14, Block R, Don Patricio Subdivision, located on the west side of Woodcrest Drive, approximately 550 feet south of Don Patricio Road. Mr. Townsend stated that the Planning Com- mission recommends approval, and the Planning Staff recommends denial on the basis that there are no sanitary sewers in the area and that a septic tank would possibly be inadequate to serve a multiple -family structure due to the soil condition. City Manager Townsend stated that in response to the notices of the public hearing mailed to property owners in the area, two in opposition and one in favor had been returned. City Planner Edward Shaw 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. Shaw informed the Council that Ms. Bell plans to construct two duplex structures on the property if the change of zoning is approved. Mayor Luby inquired if the Council Members had any questions in regard to this application. Council Member Gill inquired as to which designated zoning is duplex zoning, and Mr. Shaw informed her that the only zoning which allows for duplexes is "R-2", Multiple Dwelling District, which allows for the construction of 14 Minutes Special Council Meeting October 26, 1977 Page 2 units to an acre, and that there is no zoning designation that allows for a two- family residence on one lot. Mayor Luby called for the presentation by the applicant. Ms. Jean McKoin Bell, 2006 Woodcrest, related the history of the property she owns, stating that she resided in a mobile home on the property and it was destroyed by fire. Ms. Bell pointed out that Don Patricio Subdivision contains 946 lots; there are only 26 homes in the area; presented pictures of uses in the area and expressed the opinion that a new duplex would enhance the area. Ms. Bell indicated that she would like to build additional units if City sewer service is made available in the area in the future. City Manager Townsend stated that this large area has very few houses on it, and some of the streets are not even open or paved. He also explained that there are only four septic tanks in the entire area; each house in the area is on an acre of land; this change of zoning would allow seven units which would increase the density; and the staff feels that the septic tanks will not be adequate. Council Member Diaz asked Mr. Billy Coleman, member of the Planning Com- mission, about his opinion on this aspect of the case. Mr. Coleman replied that he feels that any septic tank would have to be approved by the Health Department; there are a lot of septic tanks that are quite adequate; and since the septic tanks have to be approved by the Health Department, the Planning Commission does not anticipate any problem. Council Member Sample remarked that the topography at this location is 13 feet and inquired if there had been any problems with septic tanks at that eleva- tion. City Manager Townsend informed him that there have been problems everywhere in Flour Bluff with septic tanks. Ms. Bell assured the Council that they had not had any problems with septic tanks. Council Member Gill referred to remarks made at the Planning Commission hearing that this change of zoning would encourage development and asked of Mr. Coleman if the Commission had any plans for the entire area when they voted to approve this change of zoning to allow multiple -family dwellings. Mr. Coleman reiterated that they thought that this might encourage develop- ment of this area. Council Member Gill asked about the plans that the Planning Commission might have for zoning on the remainder of the street, and Mr. Coleman Minutes Special Council Meeting October 26, 1977 Page 3 stated that the Planning Commission did not discuss the zoning for the rest of the area. Council Member Sample made the observation that if this zoning is approved, similar zoning requests might be received from property owners in the adjacent area. Council Member Gill inquired of the Council if they approved of this spot zoning in the middle of the area. Council Member Sample pointed out that the staff does not approve of this because of the possible sewer problems. Council Member Gill suggested a special permit in lieu of the change of zoning to allow the applicant to construct the two duplexes and to allow her to expand if and when sewer service is available. Mayor Luby inquired if anyone in the audience wished to speak in opposition to this application. No one appeared. Motion by de Ases that the hearing be closed, seconded by Diaz and passed unanimously. Motion by Gill that the application for change of zoning from "R -1B" to "R-2" be denied, but in lieu thereof, a special permit be approved for two duplexes only; seconded by Sample. Council Member Gill stated that she felt that since the Planning Commission vote in recommending approval of the change of zoning was recorded as three mem- bers against approval and one abstention, they might have been concerned about the potential health problem, and that she does not believe in encouraging development where sewer service is not available. Mayor Luby inquired of Ms. Bell if she would accept a special permit. Ms. Bell replied that she preferred the zoning of "R-2" because she would like to expand when sewer service is available, but that she would accept a spe- cial permit. City Manager Townsend stated that the staff will be glad to assist her in preparing a site plan. Council Member Gulley expressed the opinion that the Council should approve the zoning request. Council Member Sample stated that he liked the idea of a special permit, because from all indications, the septic tank would not be adequate for more than the two duplexes. Minutes Special Council Meeting October 26, 1977 Page 4 Council Member Lozano suggested that the original motion be amended so that when sewer service is available, more units could be added. Motion by Gulley that Council Member Gill's motion be amended to allow construction of two duplexes at this time, and when sewer service is available to this property and if Ms. Bell ties onto it, that she be allowed to build on the property up to density allowed under "R-2" zoning. The amendment to the motion was seconded by Diaz. The amended motion was passed unanimously. * City Manager Townsend announced the public hearing on Application #977-12, Ms. Elsie A. Gehlbach, for a change of zoning from "AB", Professional Office Dis- trict, to "B-4" General Business District, on Lot D-2, Habluetzel Tract, located on the south side of Gollihar Road, approximately 110 feet west of Collingswood Drive. Mr. Townsend informed the Council that the Planning Commission recommends approval and the Planning Staff recommends denial because the present "AB" zoning provides a proper transition between the residential and general business zoning. He also stated that in response to the notices of the public hearing, three in favor and one in opposition had been returned. City Planner Edward Shaw 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. Billy Ray Coleman, member of the Planning Commission, provided the Council with the Planning Commission's reason for recommendation for approval, stating that the type of business proposed would be compatible to the land use in the surrounding area. No one spoke in opposition to this change of zoning request. Motion by Sample that the hearing be closed, seconded by Gulley and passed unanimously. Motion by Sample that the recommendation of the Planning Staff be accepted and that the zoning application be denied. Mr. Wayne Lundquist, Realtor representing the applicant and prospective purchaser Mr. M. H. Major, stated that Mr. Major owns the adjacent vacant lot; he Minutes Special Council Meeting October 26, 1977 Page 5 plans to relocate the A to Z Rental Center on the two lots; and explained that in response to the notices of the hearing before the Planning Commission, the one resident opposing the change of zoning had since changed his mind and no longer objects. City Manager Townsend stated that one letter in opposition has just been received which indicates that the property owner is still in opposition. Mr. Lundquist further explained that the A to Z Rental Center, which is presently located in a leased building on Autotown Drive, is a locally owned business which rents 85% soft goods and all of the inventory of rental items will be stored inside the building. He also assured the Council that ample off-street parking will be provided and there is a screening fence in existence. Mr. Lundquist also mentioned the fact that the property has been vacant for fifteen years. City Manager Townsend stated the fence needs to be brought up to standard if the change of zoning is approved, and Mr. Lundquist assured him that the owner would agree to that. Speaking in favor of the change of zoning was Mr. Arvin Gehlbach, son of the present owner of the property, who stated that his family had owned the pro- perty for 25 years and that his mother had been unable to sell this property with the present "AB" zoning. Mr. Gehlbach stated that he felt that the prospective buyer will not purchase the property if it is not zoned "B-4". Council Member Sample stated that he would like to comment on some of the remarks made by Mr. Lundquist and Mr. Gehlbach, pointing out that he did not feel that the "B-4" zoning would provide a buffer zone between "AB" and "R -1B". Mr. Sample also expressed the opinion that the fact that the property had been vacant for so long was no criteria on which to base zoning. Council Member Gill objected to the "B-4" zoning adjacent to residential property and suggested that "B-1" zoning be considered because of the many uses which would be allowed under "B-4" zoning and Which would be objectionable next to residences. Minutes Special Council Meeting October 26, 1977 Page 6 Council Members Gill and Sample indicated that they were in favor of the motion for denial, and Mayor Luby, Mayor Pro Tem de Ases, and Council Members Diaz, Gulley, and Lozano stated that they were opposed to the motion. Motion by Gulley that the Council accept the recommendation of the Planning Commission and the zoning be changed from "AB" to "B-4" on Lot D-2, Habluetzel Tract; seconded by de Ases, and passed by the following vote: Luby, de Ases, Diaz, Gulley and Lozano voting "Aye"; Gill and Sample voting "Nay". City Manager Townsend announced the public hearing on Application #977-13, Shelter Corpus Christi, Inc., for a change of zoning from "F -R", Farm -Rural District, to "R -1B", One -Family Dwelling District on a 93.28± acre tract of land out of Shelter Bay Resort Estates, located between the Cayo Del Oso and Flour Bluff Drive, approx- imately 400 feet north of South Padre Island Drive. Council Member Gulley asked to be excused from the meeting at 4:40 p.m. City Manager Townsend informed the Council that the Planning Commission recommends approval and the Planning Staff recommends approval on the basis that this area has full utility services underground; that it is not affected by the high intensity noise zone; and that the area should be developed. City Planner Shaw located the area on the zoning and land use map; explained the land use in the surrounding area; and pointed out that the Naval Air Station is located to the north of the tract. Mr. Shaw also stated that the applicant plans to develop the area as single-family residential subdivision. Council Member Sample inquired about the flight pattern. City Manager Townsend replied that the tract is not in the flight pattern; the proposed zoning is not in violation of the Councils existing policies as 'they pertain to the Naval Air Station; and the tract is not in a high noise zone. Mr. Townsend also pointed out that the tract presently has a special permit for a mobile home subdivision. Mayor Luby referred to a letter from the Navy which he believed indicated their opposition to the change of zoning. • Minutes Special Council Meeting October 26, 1977 Page 7 Mayor Pro Tem de Ases pointed out that the Planning Commission had recom- mended that the City Council adopt procedures whereby a person acquiring property within the Naval Air Station or other noise zone levels be advised of the proxi- mity of the property to the Naval Air.Station and the potential noise problem. City Manager Townsend stated that he felt that anyone purchasing property in the area would be well aware of the existence of flight activity since the Naval Air Station can be seen from the property in question. Mr. Townsend also pointed out that the density would not be increased because mobile homes are located there now. He further explained that under the present special permit for mobile homes, single-family residences could be constructed, but the appli- cant requested the change of zoning to "R -1B" in order to qualify loans through FHA. To Mayor Pro Tem de Ases' suggestion of apprising individual property owners of the potential noise in the area, he indicated there was no practical way to do this. Addressing the Council on behalf of the applicant was Mr. J. W. Gary, Attorney for Shelter Corpus Christi, Inc., who displayed a map which designated the different noise levels and which indicated that the noise level for this particular tract is the same level as nearly all of Nueces County. Mr. Gary also pointed out that the density will actually be reduced.if "R -1B" zoning is approved. Mr. Gary emphasized the fact that utilities are available for the proposed subdivision. Council Member Gill referred to the letter from Captain M. H. Isaacks in which he recommended that prospective purchasers be apprised of the proximity of the Naval Air Station and its flying operations and at various times of the year, the flying activities might affect this tract. City Manager Townsend informed the Council that staff members have met with Captain Isaacks and Navy personnel; asked for their opinion on the findings of the Tracor Study; requested that the Navy advise the City if they would like to recommend changes in the noise levels established by the Tracor Study; and no response to this request has been received by the City. Minutes Special Council Meeting October 26, 1977 Page 8 Mr. Ernest Briones, Director of Planning and Urban Development, stated that during the meeting with Captain Isaacks, the City Staff was advised that if they use the noise level designations of the Tracor Study, the Navy would be agreeable to this. Mayor Luby stated that he felt that Captain Isaacks' letter was very clear in specifying that property owners should be informed of the possible flight activities. Council Member Sample expressed the opinion that this is one case where the prospective buyer will be aware that flight activities will occur, since it is quite near the Naval Air Station. No one else spoke in regard to this application. Motion by de Ases that the hearing be closed, seconded by Sample and passed unanimously. Motion by de Ases that the recommendation of the Planning Commission and Planning Staff be accepted and the zoning be changed from "F -R" to "R -1B" on a 93.28± acre tract of land out of Shelter Bay Resort Estates; seconded by Diaz and passed by the following vote: de Ases, Diaz, Gill, Gulley, Lozano and Sample voting "Aye"; Luby voting "No". City Manager Townsend presented the ordinances pertaining to the two zoning applications which had been approved. Acting City Secretary Zahn polled the Council for their votes, and the following ordinances were approved: ORDINANCE NO. 14004: 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 ELSIE A. GEHLBACH BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON LOT D-2, BABLUETZEL TRACT, SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "AB" PROFESSIONAL OFFICE DISTRICT TO "B-4" GENERAL BUSINESS 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 was passed, by the following vote: Luby, de Ases, Diaz, Gill, Gulley, Lozano and Sample voting "Aye". Minutes Special Council Meeting October 26, 1977 Page 9 ORDINANCE N0. 14005: 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 PARTICULARY AS AMENDED BY ORDINANCE NO. 6106, AS AMENDED, UPON APPLICATION OF SHELTER CORPUS CHRISTI, INC. BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON SHELTER BAY RESORT ESTATES, UNIT 1 AS RECORDED IN VOL. 41 PAGES 15, 16, 17, & 18 FILED OF RECORD APRIL 7, 1975, SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "F -R" FARM -RURAL DISTRICT & "S.U.P." SPECIAL USE PERMIT FOR A MOBILE HOME SUBDIVISION, 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 was passed by the following vote: de Ases, Diaz, Gill, Gulley, Lozano and Sample voting "Aye"; Luby voting "Nay". There being no further business to be presented during the Special Council Meeting, Mayor Luby declared the meeting adjourned at 4:59 p.m. October 26, 1977.