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.