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HomeMy WebLinkAboutMinutes City Council - 12/18/1974 - SpecialMINUTES CITY OF CORPUS CHRISTI, TEXAS SPECIAL COUNCIL MEETING December 18, 1974 3:40 p. m. PRESENT: Mayor Jason Luby Mayor Pro Tem James T. Acuff Commissioners: Rev. Harold T. Branch Thomas V. Gonzales Ricardo Gonzalez Gabe Lozano, Sr. J. Howard Stark City Manager R. Marvin Townsend City Attorney James R. Riggs City Secretary Bill G. Read Mayor Jason Luby called the meeting to order in the Council Chamber of the City Hall, stating the purpose of the Special Meeting was to hold public hearings on zoning applications and any other business as may properly come before the Council. It was noted that all members of the Council and required Ctarter officers were present to conduct a valid meeting. City Manager Townsend presented Aprlication #'1174-2, S. K. Stroud, M.D., for change of zoning from "R -1B" One -family Dwelling District to "B-1" Neighborhood Business District on Alameda Estates Section 5, located on the northwest side of Robert Drive between Junior Terrace and South Alameda Street. The request was heard by the Planning Commission November 19, 1974 and -forwarded to the Council with the recommendation that it be approved. The staff recommended denial on the basis that ingress and egress would be from Robert Drive which from this point east is basically a narrow, residential collector street, and in lieu thereof recommended "R-2" or "A-1" which would serve as a transition between the existing "8-4" and single-family residences. Mr. Townsend reported that one letter had been received in opposition since the Commission hearing and one in favor. No one appeared in opposition to the foregoing request. Motion by Stark, seconded by Tom Gonzales and passed, that the hearing be closed. Motion by Stark, seconded by Acuff and passed, with Luby voting "Nay", that the recommendation of the Planning Commission be concurred in and Application #1174-2, S. K. Stroud, M.D., for change of zoning from "R -1B" to "8-1" on Alameda Estates Section 5, be approved, and an ordinance be brought forward effectuating the change. City Manager Townsend presented Application #1174-3E, E. L. Bearden Company for an Exception to the Screening Fence Requirement on the north property line of Lot 1, Bearden Subdivision, located on the west side of Hunter Road between Bearden Drive and I.H. 37. The request was heard by the Planning Commission November 19, Minutes Special Council Meeting December 18, 1974 Page 2 1974 and forwarded to the Council with the recommendation that it be approved. It was theopinion of the staff that the procedure provided for in the Zoning Ordinance (whereby money may be deposited in an interest bearing account until such time that a fence is needed, or if at a future date it is determined a fence is not necessary due to a change in zoning, the money plus interest will be refunded),be used rather than granting a variance of all providions of the screening fence, since it is possible conditions will change which may warrant e fence in the future. Mr. Perry Burkett, attorney representing the applicant, explained that his client is an elderly person who lives alone in the family homestead; Lhat the screening fence would serve no useful purpose since the surrounding properties are under the same ownership. He further n„inted out that it would be difficult for his client to contact persons living in dwellings to the north if an emergency arose and would jeopardize her safety. He stated that was the basis of their request for a variance. No one appeared in opposition to the foregoing application. Motion by Acuff, seconded by Ricardo Gonzalez and passed, that the hearing be closed. Motion by Ricardo Gonzalez, seconded by Branch and passed, that the recommendation of the Planning Commission be concurred in and Application #1174-3E, E. L. Bearden Company, for an Exception to the Screening Fence Requirement on the north property line of Lot 1, Bearden Subdivision, located on the west side of Hunter Road between Bearden Drive and I. H. 37, be granted and an ordinance be brought forward effectuating the exception. City Manager Townsend presented Application. #1174-6E, John F. Nicholson, for an Exception to the Screening Fence Requirement on three sides of Lot 1, Yorkwald Acres, fronting on Waldron Road 640' north of Yorktown Boulevard. The request was heard by the Planning Commission November 19, 1974 and forwarded to the Council with the recommendation that it be approved with the further recommenda- tion that the property owner be required to file a contract agreeing to construct such fence if and when adjoining properties are developed and further, that any monetary deposit be waived at this time. The staff was of the opinion that there is a way this could be achieved without waiving the entire fence requirement by Minutes Special Council Meeting December 18, 1974 Page 3 requiring a cash deposit placed into an interest-bearing account, and if at a later date, the surrounding properties were rezoned to commercial uses, the money would be refunded plus interest. It was also pointed out by the staff that this property is located within Zone 1 which is the least intense noise zone and these properties would be more easily developed with single-family dwellings. Mr. James Richey, 942 Salem, spoke in favor of the request pointing out the high cost of fencing an area of this size and difficulty of acquiring materiels with some impossible to obtain. He stated it is his opinion that the Council '.hould review the screening fence ordinance and perhaps abolish it for the most part except in some cases where there is a nuisance. Mr. John F. Nicholson, applicant, explained that he plans to open a feed store on the front portion of the tract, the rear portion will be developed with private horse stables, and his reason for making the request for "I-2" zoning was so if the need arose in the future, a mobile home could be placed on the property for a security guard. He stated the fence wouid serve no useful purpose at this time but in lieu of a deposit he would sign a contract to the effect that he would construct a fence at a later time when the surrounding properties are developed. He pointed out that the tract contains only 2-1/2 acres rather than 10. He stated he is applying for "I-2" because it was the only way he could provide the mobile home for the security guard. He explained that the property to the north and three lots to the south and east are completely undeveloped; the nearest home or residence is less than a mile to the north; across the road is the Naval Air Station, and if a screening fence is required at this time, theonly thing he will be screening would be wild animals; that the adjacent property could be developed commercially in six months time and a screening fence would not be required, but if developed residentially, the signed contract would suffice. No one appeared in opposition to the foregoing request. Motion by Acuff, seconded by Lozano and passed, that the hearing be closed. Motion by Ricardo Gonzalez, seconded by Acuff and passed, that the recommendation of the Planning Commission be concurred in and Application #1174-6E John F. Nicholson, for an Exception to the Screening Fence Requirement on three sides of Lot 1, Yorkwald Acres, fronting on Waldron Road 640' north of • r K Minutes Special Council Meeting December 18, 1974 Page 4 Yorktown Boulevard, be approved with the further owner be required to file a contract agreeing to adjoining properties are developed, and urther, waived at this time, and an ordinance be brought recommendation that the property constrict such fence if and when that any monetary deposit be forward effectuating this action. City Manager Townsend presented Application #1174-7, Good Hope Chemical Company, for change of zoning from "R -LA" One -family Dwelling District to "I-3" Heavy Industrial District being 168+ acres of submerged land located along the La Quinta Ship Channel situated in Nueces County, Texas, in the waters of Corp-, Christi Bay about 11.5 miles South 7500 east from the County Seat at Corpus Christi, Nueces County, and embracing a portion of the State of Texas submerged Tracts Nos. 3, 4 & 5, in Corpus Christi lying southwest of the northeast shoreline of Corpus Christi Bay in a generally northwesterly -southeasterly direction and referred to as the Nueces County Naviyati"n District North Bulkhead line. The request was heard by the Planning Commission November 19, 1974 and forwarded to the Council with the recommendation that it be approved as submitted. The staff concurred in this recommendation. No one appeared in opposition to the foregoing application. Motion by Branch, seconded by Acuff and passed, that the hearing be closed. Motion by Branch, seconded by Acuff and passed, that the recommendation of the Planning Commission be concurred in and Application #1174-7, Good Hope Chemical Company, be approved as submitted, and an ordinance be brought forward effectuating the change. ORDINANCE NO. 12399 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 GOOD HOPE CHEMICAL COMPANY BY AMENDING THE ZONING MAP B't CHANGING THE ZONING ON APPROXI- MATELY 168 ACRES OF SUBMERGED LAND ALONG THE LA QUINTA SHIP CHANNEL IN NUECES COUNTY, TEXAS,MORE PARTICULARLY DESCRIBED HEREINAFTER FROM "R -WA" ONE FAMILY DWELLING DISTRICT TO "I-3" HEAVY INDUSTRIAL 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, Acuff, Branch, Thomas Gonzales, Ricardo Gonzalez, Lozano and Stark, present and voting "Aye". Minutes Special Council Meeting December 18, 1974 Page 5 ORDINANCE N0. 12404 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 N0. 6106, AS AMENDED, UPON APPLICATION OF S. K STROUD, M.D., BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON ALLMEJA ESTATES UNIT 5 SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "R -1B" ONE FAMILY DWELLING DISTRICT TO "B-1" NEIGHBORHOOD 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: Acuff, Branch, Thomas Gonzales, Ricardo Gonzalez, Lozano, and Stark, present and voting "Aye"; Luby voting "Nay". ORDINANCE NO. 12405 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 'ROM TIME TO TIME AND PARTICULARLY AS AMENDED BY ORDINANCE NO. 6106, AS AMENDED, UPON APPLICATION OF E. L. BEARDEN COMPANY, FOR AN EXCEPTION TO THE STANDARD SCREENING FENCE REQUIREMENT ALONG THE NORTH PROPERTY LINE OF LOT 1, BEARDEN SUBDIVISION, ON THE WEST SIDE OF HUNTER ROAD, NORTH OF BEARDEN DRIVE, SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS; 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, Acuff, Branch, Thomas Gonzales, Ricardo Gonzalez, Lozano and Stark, present and voting "Aye". City Secretary Read stated that all ordinances voted upon had passed with votes as voted. There being no further business to come before the Council, motion by Acuff, seconded by Branch and passed, that the Special Meeting be adjourned at 4:30 p.m., December 18, 1974.