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.