Complaints filed over apartment complex
HARLINGEN — Two formal complaints filed with the city against a proposed apartment complex at 7th Street and Vinson Avenue claim discrepancies in the way the developer acquired the land and is attempting to develop it.
The complaints were filed by Gail and Bernard Moore, residents on Town Lane Drive, across from the proposed development.
The complaints state that Elizarde used his position as Economic Development Corporation board president to buy the corner property for $70,000. Moore said residents near the property who were interested in buying it were quoted prices of more than $100,000.
Elizarde rejected the allegations at a city commission meeting last week, saying he was being chastised for “being involved in my community.” He said he acquired the property in a sealed bid and had no knowledge of whether anyone else bid on it.
The Moores’ signed affidavits also implicate the “Precinct 1” Commissioner — District 1 Commissioner Larry Galbreath — who the complaints state told the couple that a sign in front of the corner property stated it was offered for sale for $70,000.
The husband and wife have said that neither they nor their neighbors ever saw the price posted.
Galbreath at last week’s commission meeting signed a conflict of interest form and recused himself from voting whether to rezone the contested property. Commissioners tabled the item after they learned of a notarized petition by residents submitted earlier that day.
If more than 20 percent of neighborhood residents opposed the development, four out of five commissioners would have to vote to have the property rezoned, allowing Elizarde to continue his development.
Roxanne Pais Cotroneo said Monday that the petition did not include 20 percent of residents’ signatures. The project’s green light will require only a majority vote.
Cotroneo said the case was being investigated by the City Attorney’s office and if it is determined that any city ethics violation occurred, a Class C misdemeanor would be prosecuted in municipal court.
A conflict of interest violation, a state offense constituting a Class A misdemeanor, would be turned over to the Cameron County District Attorney’s office for review, she said.
A written report will be made explaining why no violations exist if the city attorney’s office deems that there is none, Cotroneo said Monday.
Elizarde has said he has followed every guideline the city has given him and has already run water and sewage to the property. He says he does not understand the neighbors’ opposition to the project.
The Moores in their complaints say Elizarde was not allowed to run water utilities into the land as it has not been rezoned from a undesignated classification.
But Planning and Zoning Director Paul Menzies on Monday said that Elizarde was within his rights.
“The subdivision (creation) process and zoning are two separate issues,” Menzies said. “He can extend services out there.”
Elizarde is not allowed to develop the complex further until his .9-acre land plot is rezoned, per city zoning ordinances, to allow for the type of project he wants to build.
