HomeMy WebLinkAboutMinutes City Council - 10/23/1961 - SpecialPRESENT:
Mayor Ben F. McDonald
Commissioners:
Dr. James L. Barnard
J. R. de Leon
M. P. Maldonado
W. J. Roberts
SPECIAL COUNCIL MEETING
October 23, 1961
7:00 P.M.
City Manager Herbert Whitney
City Attorney I. M. Singer
City Secretary T. Ray Kring
Mayor Ben F. McDonald called the meeting to order.
City Secretary T. Ray Kring called the roll of those in attendance.
Motion by de Leon, seconded by Maldonado and passed that the absence
of Commissioners Swantner and Young be excused for cause.
Mayor McDonald announced the public hearing on the application for
change of street name of Savage Lane, from Highway 44 to the intersedtion of Savage
Lane and Whelan Drive; and of Whelan Drive, from Savage Lane to the intersection
of Whelan Drive and Up River Road, to Navigation Boulevard.
City Manager Whitney pointed out on the map the sections of the street
involved and that Navigation became Whelan Drive and then Savage Lane, and that
the City Staff recommended that the petitioners° application be granted officially
designating the street as Navigation Boulevard from Highway 44 to UpRiver Road.
Commissioner Maldonado reported that he had received one phone call in
opposition by a member of the Whelan family.
No one desiring to speak either for or against the proposed name change,
Mayor McDonald declared the hearing closed.
Motion by de Leon, seconded by Barnard and passed, with Maldonado ab- _
staining, that the foregoing application for change of street name be granted as
being in the public interest, and Whelan Drive and Savage Lane between Shell Road
and Highway 44 be henceforth designated as Navigation Boulevard.
Mayor McDonald announced the public hearing on the application of Morris
White for change of zoning from "R -1B" One -family Dwelling District to "AB" Pro-
fessional Office District, on Lot 2, Unit 2, of Washburn Meadows Subdivision, be-
ing that property located at 4122 Weber Road,
Ed Shaw, Zoning Coordinator, located the property on the land use map
and pointed out the zoning and use of surrounding property; stated that the appli-
cant plans to remove the existing building and construct a new one; and that one
written return had been received against the application.
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October 23, 1961
Page #2
John Waller, attorney representing Mr. White, explained his client's
plans for constructing a masonry type office building with about one-fourth of the
lot for parking area; that D. L. Hardy, owner of adjoining Lot 1, was in favor of
the application; that since the widening and improving of Weber Road the properties
were not suitable for residences; that there is a fence all the way along the side of
the Lot 1 protecting the residences on Robinhood Drive that back up to this lot; that
his client plans to build a driveway for access to employee parking on the rear of
the lot, and have customer parking on the front of the lot; and that he did not know
of any objections to the proposed development.
Mr. Morris White was present in support of his application.
A written objection to this change in zoning was noted for the record
by Ralph Meeks, 1683 Victoria Street, Beaumont, Texas, owner of property at 4126
Markin Drive.
No one else desiring to speak on this application, Mayor McDonald de-
clared the hearing closed.
Motion by Maldonado, seconded by Roberts and passed that the recommenda-
tion of the Zoning & Planning Commission be concurred in, and the change of zoning
on Lot 2, Unit 2, of Washburn Meadows Subdivision, be granted from "R -1B" to "AB"
subject to the filing of restrictions on the property restricting the building area
to 6,000 sq. feet in accordance with the plans submitted by the applicant,
Mayor McDonald announced the public hearing on the application of
Dorothy T. Shepherd for change of zoning from "R -LB" One -family Dwelling District,
to "3-4" General Business District, on a portion of Lot 12 of the Bancroft Farm
Lots, located on the southeast corner of Villa Drive and Up River Road, more fully
described by metes and bounds in Public Hearing file of the Zoning & Planning Office.
Rd Shaw located the property on the land use map and pointed out the
zoning and uses of the surrounding property; explained the applicant desires to
relocate her recording studio on the property; that the owner of the adjacent pro-
perty fronting on Up River Road did not wish to join in the application for his
property, but did not oppose the application; and that 4 written returns were
received in favor of the application and none against.
The following, who are actually co -applicants in the application,
appeared in favor of the application; Mr. W. E. Fry, owner of Saxet Community
Special Council Meeting
October 23, 1961
Page #3
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Center; Mrs. Dorothy Shepherd; Mra. Alton White and Mrs. Julian Priour, owner of
the lot involved.
Mrs. Earl Dunn, speaking for her husband, son-in-law of Mrs. Priour,
stated that they did not oppose the application, but did not desire to have their
own lot re -zoned because it is their residence.
In answer to a question from the Council, Ed Shaw explained that the
off-street parking would have to be provided in order to obtain a Building Permit,
and that since the property is in acreage, a recorded plat will have to be filed.
No one desiring to speak in opposition to the application, Mayor
McDonald declared the hearing closed.
Motion by Barnard, seconded by de Leon and passed that the recommenda-
tion of the Zoning & Planning Commission be concurred in, and the change of zoning
as shown by the applicant on a portion of Lot 12 of the Bancroft Farm Lots, located
on the southeast corner of Villa Drive and Up River Road, be granted from "R -1B" to
"B-4", subject to meeting the requirements of the Zoning Ordinance for off-street
parking and also subject to proper platting.
Mayor McDonald announced the public hearing on the application of
Aurelio Hernandez for change of zoning from "R -1B" One -family Dwelling District to
"B-1" Neighborhood Business District, on Lots 29 and 30, Block 6, El Rey Addition,
being that property located on the northwest corner of Campana and Greenwood Drive.
Ed Shaw located the property on the land use map and pointed out the
zoning and use of the surrounding area; explained that the applicant desires to
locate his grocery store, which is presently on 17th Street and being taken by the
Crosstown Expressway, on Lot 29 and use Lot 30 for off-street parking, and that the
applicant had offered to deed restrict the property against its use for the sale
of alcoholic beverages.
The Council questioned whether or not it might be beyond the realm of
zoning to require the filing of restrictions as to the business use of a business
zoned piece of property, in view of the Council's feeling that zoning should be
granted or denied on the basis of the property being suitable or not suitable for
the type of zoning requested. It was explained that the deed restriction had been
offered by the applicant because of the objections voiced by neighboring property
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October 23, 1961
Page #4
owners to the existing taverns in the immediate area and the resulting disturbances.
Mr. Hernandez appeared in support of his application and stated that he
did not sell alcoholic beverages in his grocery store and was perfectly willing to
file the the restriction.
F. L. Villarreal, 3045 Eisenhower, appeared in opposition to the appli-
cation, on the basis that business zoning had been granted previously for a grocery
store, but the owner had built the Sunset Drive-in instead for the sale of alcoholic
beverages, but stated that he was in favor of a grocery store because that was good
business for the neighborhood.
Mayor McDonald requested the City Manager to have the police, or possibly
the Vice Squad, check this particular area at Campana & Greenwood, and in particular,
the Sunset Drive-in, to see if there is any violations.
No one else desiring to speak on the application, Mayor McDonald declar-
ed the hearing closed.
Motion by de Leon, seconded by Maldonado and passed that the recommenda-
tion of the Zoning & Planning Commission be concurred in, and that the change of
zoning on Lots 29 and 30, Block 6, El Rey Addition, be granted subject to Lot 30
being used for off-street parking, and further subject to a separate instrument be-
ing filed restricting the sale of alcoholic beverages on this property for a period
of 25 years.
City Manager Whitney presented a request from the pastor, Reverend
F. A. Walton, of the North Beach Baptist Church, for relief in the drainage of the
church property and surrounding areas; explained that the situation has been
thoroughly checked by the Engineering Departments and recommended that the Council
approve plans for the improvement of the drainage in the vicinity of the North
Beach Baptist Church at Avenue D and Custom Street as shown on the plat which he
presented, which consists of deepening the ditch through the alley behind them going
toward the Bay, installing 15" pipes on both sides of St. Charles, crossing under
Avenue D, and apply shell on the shoulder of Avenue D to prevent the cars from
dragging in driving off the recently rertaired and seal coated street.
Mr. D. C. Ware, F. M. Gootee, M. M. Stroud, Joe Grobe, and Reverend F.A.
Walton, all spoke in support of the request for relief in the matter of drainage
for their properties and in the problem of the cars dragging off the church property
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October 23, 1961
Page #5
due to the raised roadway.
The plans submitted by the City Manager for relief of the petitioners
was approved, and at the request of Reverend Walton, the City Manager was requested
to allow the Church to use the excess dirt from the deepening of the ditch to fill
low areas on the Church property.
There being no further business to come before the Council, the meeting
was adjourned.