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HomeMy WebLinkAboutMinutes City Council - 02/26/1962 - SpecialPRESENT: Mayor Ben F. McDonald Commissioners: Tom R. Swantner Dr. James L. Barnard J. R. de Leon M. P. Maldonado W. J. Roberts Jim Young SPECIAL COUNCIL MEETING February 26, 1962 7:00 P.M. t-��� • City Manager Herbert W. Whitney City Attorney I. M. Singer City Secretary T. Ray Kring Mayor Ben F. McDonald called the meeting to order. The Invocation was given by Dr. James L. Barnard. City Secretary T. Ray Kring called the roll of those in attendance. Mayor McDonald announced the purpose of the special meeting, and the manner of proceedure to be followed for the public hearings. Mayor McDonald announced the public hearing on the application of Rex Wayland for a change of zoning from "B -1A" Tourist Court District and "R -1B" One - family Dwelling District to "I-2" Light Industrial District on Tract 4, of Wilkey Portion, located on the South side of Lexington Boulevard, adjacent to and West of Wilcox Furniture Store, more fully described by metes and bounds in the Public Hear- ing File of the Zoning & Planning Office. J. T. Dunkin, City Planner, located the property on the map and pointed out the uses of the surrounding properties; explained that the original applica- tion had been a request for a change of zoning from "B -1A" Tourist Court District and "R -1B" One -family Dwelling District to "I-2" Light Industrial District in or- der to allow an amusement park to be built on Lexington Boulevard near Airline Road; that the Zoning & Planning Commission had recommended that the request for re- zoning be denied, and that a special -use permit be granted to permit this opera- tion instead; that 4 written returns were received in favor of this application, none against, and no one appeared in opposition to the application; that the final recommendation of the Zoning & Planning Commission was that a special permit be granted, subject to the following conditions to provide protection to future resi- dential and tourist development in the "R -1B" and "B -1A" Districts adjacent to this proposed use: (1) Loud speaker system or music machine permitted on the premises provided the intensity of sound is not so great as to be objectionable to adjo ing property; (2) All lights used in any capacity on the site shall be installed and operated in such a manner as to direct lights away from Lexington Boulevard Special Council Meeting February 26, 1962 Page 2 and adjoining properties; (3) Ingress and egress is to have approval of the City of Corpus Christi and the State Highway Department; (4) An adequate planting screen or a six-foot solid fence be placed along the rear and side property lines if and when residential development takes place on adjoining property; (5) Weeds and tall grass to be kept cut to maintain the property in an orderly manner; (6) Premises will not be used for outdoor storage of brush, dirt, or materials; (7) Any parking of vehicles in conjunction with this use shall be provided off-street park- ing facilities; (8) The term of this permit is for a period of 10 yearsand renewal of the permit may be granted after a re-examination in accordance with the provi- sions of Article 25, Section 25-4, sub -section (12) of the Zoning Ordinance. Rex Wayland, applicant, pointed out the building sites and locations of rides, permanent buildings, parking areas, and entrances on the preliminary layout submitted with the application; showed the Council a brochure of the rides that are proposed, explaining that with the exception of the train ride and the helicopter ride, the park was designed for children from 4 to 9 years of age, and would be closed by 9 p.m., and the park enclosed by a 6' high, chain-link fence; that none of the rides, including the merry-go-round, have any accompanying music, nor is there the usual carnival atmosphere; that he understood and was agreeable to the condi- tions set forth by the Commission; and that he was ready to begin construction as soon as the permit was granted, and hoped to be operating by April 15th. Mayor McDonald read a letter received from Bishop Garriga opposing a change of zoning for an out -door amusement park for the reason that it is too close to Our Lady of Perpetual Help Church and School property, and because the noise associated with such a use would seriously interfere with the religious atmosphere of the church. (Council Exhibit #4 in File) No one appeared in opposition to the application. Motion by Swantner, seconded by Young and passed that the hearing be closed. Motion by Young, seconded by Maldonado that the recommendation of the Zoning & Planning Commission be concurred in, and that a Special Council Permit be granted for an amusement park on Tract 4, of Wilkey Partition, being a portion of the Southwest of Lot 12, and Lots 13 and 14, Section 13, of the Flour Bluff & Encinal Farm & Garden Tracts, fronting 227.81 feet on Lexington Boulevard and approximately 5.939 acres in size, subject to the following conditions: (1) Loud speaker system or music machine permitted on the premises provided the intensity of Special Council Meeting February 26, 1962 Page 3 sound is not so great as to be objectionable to adjoining property; (2) All lights used in any capacity on the site shall be installed and operated in such a manner as to direct lights away from Lexington Boulevard and adjoining properties; (3) In- gress and egress is to have approval of the City of Corpus Christi and the State Highway Department; (4) An adequate planting screen or a 6 -foot solid fence be placed along the rear and side property lines if and when residential development takes place on adjoining property; (5) Weeds and tall grass to be kept cut to main- tain the property in an orderly manner; (6) Premises will not be used for outdoor storage of brush, dirt, or materials; (7) Any parking of vehicles in conjunction with this use shall be provided off-street parking facilities; (8) The term of this permit is for a period of 10 years and renewal of the permit may be granted after a re-examination in accordance with the provisions of Article 25, Section 25-4, sub -section (12) of the Zoning Ordinance. Commissioner Swantner offered an amendment to the foregoing motion, that condition (9) be added that any enlargement or change of rides from those shorn on the plan accompanying the application must be applied for as a new Special Council Permit. Commissioners Young and Maldonado accepted Commissioner Swantner's amendment to their motion, and the motion as amended was passed unanimously. Mayor McDonald announced the public hearing on the application of Trinity Lutheran Church for a change of zoning from "R -1B" One -family Dwelling District to "AB" Professional Office District on 7.09 acres out of Lot 9, Section "C", Paisley's Subdivision of the Hoffman Tract, fronting 790' on Sunnybrook Road and extending back 298' North of Sunnybrook Road, more fully described by metes and bounds in the Public Hearing File of the Zoning & Planning Office. J. T. Dunkin located the property on the map and pointed out the uses of the surrounding property; that the proposed use of the property is for a Home for the Aged; that 4 written returns were received in favor of the application, none against, and no one appeared in opposition to the application; and that the recom- mendation of the Zoning & Planning Commission was that it be approved subject to a proper plat. Milton W. Walton, attorney representing the applicant, Fred T. Rhei.nlander, architect, T. M. Bell and Curtis George, appeared and spoke in support of the appli- cation, presented a plat showing approximately two-thirds of the area in question • Special Council Meeting February 26, 1962 Page 4 to be used for the nursing home site, with off-street parking provided., and showing the dedication of the necessary right-of-way to complete the 50 -foot right-of-way to loop Odem Street with Nicholson Street. No one appeared in opposition to the application. Mayor McDonald declared the hearing closed. Motion by de Leon, seconded by Roberts and passed that the recommendation of the Zoning & Planning Commission be concurred in, and the zoning on 7.09 acres out of Lot 9, Section "C", Paisley's Subdivision of the Hoffman Tract, fronting 790' on Sunnybrook Road and extending back 298' North of Sunnybrook Road, be changed from "R -1B" to "AB". Commissioner Swantner disqualified himself from participating in the following public hearing, and left the meeting. Mayor McDonald announced the public hearing on the application of G. R. Swantner, Sr. for a change of zoning from "R -1B" One -family Dwelling District to "I-2" Light Industrial District on a tract of land BEGINNING at the NW corner of Lot 3, Baldwin Moore Farm Lots said point being in West Point Road and the inter- section of a County Road for the point of beginning; THENCE in an Easterly direc- tion along West Point Road for a distance of 1145.8' plus or minus to a point for the NE corner of Lot 3 and the NE corner of this tract; THENCE in a Southerly dir- ection along the East line of Lot 3 to the City Limits line of the City of Corpus Christi a distance of 1480' plus or minus for the SE corner of this tract; THENCE with the City Limits line crossing Lot 3 on a curve to a point in the West line of Lot 3 and being in the center line of a 40' County Road for the SW corner of this tract; THENCE along the centerline of said County Road 250' plus or minus to the point of beginning. Mayor McDonald read a review of the application and the recommendation of the Zoning & Planning Commission that it be approved due to the fact that it is recognized that Light Industry is a trend in this area. J. T. Dunkin located the property on the map, pointed out the surround- ing uses of the area as being mostly agricultural, and that approximately 26 acres of the 40 -acre tract are within the City Limits. City Manager Whitney reminded the Council that 2 other applications for Light Industrial zoning in this immediate area are scheduled for public hearing during the regular Council meeting on Wednesday, February 28, 1962, and suggested Special Council Meeting February 26, 1962 Page 5 that all three applications should be considered together in the light of consist- ency in the matter of connecting streets. Bill McClendon, of McClendon & Associates, consulting engineers, repre- senting the applicant, stated that the final plat would be filed for record in the same form as presented to the Zoning & Planning Commission, that the proper street easements would be dedicated as needed by the City, that the applicant has several plans in progress and several people ready to proceed, and that although he is not in a position to make the plans known, he does contemplate proceeding immediately if the tract is zoned, and further stated that he did not see any reason Why the applicant would be opposed to annexation of the entire 40-acre tract by contract, since it would be advantageous to have the entire 4o acres zoned "I-2" at this time. A. H. Hurst, representing Mr. Counties who has an application for Light Industrial zoning in the immediate area to be heard at Wednesday's Council meeting, spoke in favor of the requested zoning, and suggested that his client might also be interested in having his property annexed by contract. No one appeared in opposition to the application. Motion by Barnard, seconded by Roberts and passed that the recommenda- tion of the Zoning & Planning Commission be approved and concurred in, but that action by the City Council be deferred pending additional information from the applicant as to whether or not he wishes to include the balance of the property Within the City Limits and emend his application to cover the entire tract, and also pending. Wednesday's hearings on adjacent tracts with the same type of prob- lem to see if any more light 1s shed on the same matter. There being no further business to come before the Council, the special meeting was adjourned.