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.
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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
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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.