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HomeMy WebLinkAboutPACKET AUG 28 2001 I Q9vWf EL City of Beaumont REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS AUGUST 28, 2001 1:30 P.M. AGENDA OPENING * Invocation Pledge Roll Call * Presentations and Recognition * Public Comment: Persons may speak on scheduled agenda item 8 Consent Agenda GENERAL BUSINESS 1. Consider a request for a zone change from RM-H (Residential Multiple Family Dwelling-Highest Density) to GC-MD (General Commercial-Multiple Family Dwelling) District for the property at 1475 Victoria 2. Consider a request for a zone change from GC-MD (General Commercial-Multiple Family Dwelling) and RM-H (Residential Multiple Family Dwelling-Highest Density) to C-M (Commercial-Manufacturing) District for property in the 2900 blocks of S. Fourth Street and San Jacinto Street 3. Consider a rezoning study to change zoning from HI (Heavy Industrial) to RCR (Residential Conservation and Revitalization) and GC-MD (General Commercial- Multiple Family Dwelling) District for property in the Oaks Historic District (HC-D2, south of Calder Avenue 4. Consider a request for a specific use permit to allow a day care center for 7-12 children in an RM-H (Residential Multiple Family Dwelling-Highest Density) District at 4210 Cleveland 5. Consider a request for a specific use permit to allow a drapery design/interior design and accessory shop in an RCR (Residential Conservation and Revitalization) District at 2495 Broadway and 91h Street 6. Consider a request for a specific use permit to allow a charter school (K-12) in a GC-MD (General Commercial-Multiple Family Dwelling) District in existing buildings at 3380 Fannin Street (Girl's Haven site) 7. Consider a request for a specific use permit to allow a water cutting service (abrasive watedet cutting fabrication job-shop) in a C-M (Commercial-Manufacturing) District for property at 2995 S. Fourth Street at Rockwell 8. Consider a request to abandon Archie Street between Forsythe and Fannin Streets 9. Consider a resolution amending Resolution 01-091 to clarify that as to the property described in that resolution the city needs to acquire both a 20' permanent easement and a 30' temporary construction easement and not fee title. COMMENTS • Councilmembers comment on various matters • City Manager's Report - Tyrrell Park Stable Renovations, Julie Rogers Theatre Landscaping, Proposed Hotel Occupancy Tax Collection Change, Municipal Court Collections and The Raymon Award • Public Comment (Persons are limited to 3 minutes) RECESS OF REGULAR MEETING CONVENE MEETING OF THE BEAUMONT HOUSING FINANCE CORPORATION 1. Consider authorizing the redemption of the Beaumont Housing Finance Corporation Single Family Mortgage Revenue Refunding Bonds, Series 1991; and containing other matters related thereto EXECUTIVE SESSION * Consider matters related to contemplated or pending litigation in accordance with Section 551.071 of the Government Code: Earl T. Cooper v. City of Beaumont, et al Columbus Broussard v. City of Beaumont Janice Haynes v. City of Beaumont, et al * Consider matters related to employment, evaluation and duties of a public officer or employee in accordance with Section 551.074 of the Government Code: City Manager Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact Kyle Hayes at 880-3716 a day prior to the meeting. 1 Council consider a request for a zone change from RM-H (Residential Multiple Family Dwelling- Highest Density) to GC-MD (General Commercial-Multiple Family Dwelling) District for the property at 1475 Victoria :4~- " City o f Beaumont ' - IL Council Agenda Item TO: City Council FROM: Stephen J. Bonczek, City Manager PREPARED BY: Stephen C. Richardson, Planning Manager MEETING DATE: August 28, 2001 AGENDA MEMO DATE: August 21, 2001 REQUESTED ACTION: Council consider a request for a zone change from RM-H (Residential Multiple Family Dwelling-Highest Density) to GC-MD (General Commercial-Multiple Family Dwelling) District for the property at 1475 Victoria. RECOMMENDATION The Administmtionrecouxnendsde6-wiofthe zone change from RM-H(Residential Multiple Family Dwelling-Highest Density)to GC-MD(General Commercial-Multiple Family Dwelling)District for the property at 1475 Victoria. A commercial zone would create spot zoning and cause an incompatible land use to intrude into a residential block. BACKGROUND The applicant lives across the street from a vacant lot he acquired at the northeast corner of Craig and Victoria. The lot backs up to M. L. K. Parkway. He wants to open a used car lot on the property. BUDGETARY IMPACT None. PREVIOUS ACTION At a joint Public Hearing with City Council held August 20,2001,the Planning Commission voted 5-0 to deny the zone change from RM-H(Residential Multiple Family Dwelling-Highest Density)to GC-MD(General Commercial-Multiple Family Dwelling)District for the property at 1475 Victoria. SUBSEQUENT ACTION None. RECOMMENDED BY Planning Commission,City Manager,Executive Assistant to City Manager/Economic Development Director and the Planning Manager. RECOMMENDED MOTION Approve/Deny a zone change from RM-H(Residential Multiple Family Dwelling-Highest Density) to GC-MD (General Commercial-Multiple Family Dwelling) District for the property at 1475 Victoria. ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING CHAPTER 30 OF THE CODE OF ORDINANCES OF BEAUMONT, TEXAS, AND IN PARTICULARTHE BOUNDARIES OFTHEZONING DISTRICTS,AS INDICATED UPON THE ZONING MAP OF BEAUMONT, TEXAS, BY CHANGING THE ZONING OF PROPERTY PRESENTLY ZONED RM-H (RESIDENTIAL MULTIPLE FAMILY DWELLING-HIGHEST DENSITY) TO GC-MD (GENERAL COMMERCIAL-MULTIPLE FAMILY DWELLING) DISTRICT FOR PROPERTY LOCATED AT 1475 VICTORIA, BEAUMONT, JEFFERSON COUNTY, TEXAS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That Chapter 30 of the Code of Ordinances of Beaumont, Texas, and in particular the boundaries of the zoning districts, as indicated upon the Zoning Map of the City of Beaumont, referred to in Section 30-513 thereof, is hereby amended by changing the zoning of property presently zoned as RM-H(Residential Multiple Family Dwelling-Highest Density) to GC-MD (General Commercial-Multiple Family Dwelling) District for property located at 1475 Victoria, being Lot 7, Block 12, Blanchette 2"d Addition, City of Beaumont, Jefferson County, Texas, containing 0.161 acres, more or less, as shown on Exhibit "A" attached hereto and made a part hereof for all purposes, and the official zoning map of the City of Beaumont is hereby amended to reflect such changes. Section 2. That, in all other respects, the use of the property hereinabove described shall be subject to all of the applicable regulations contained in Chapter 30 of the Code of Ordinances of Beaumont, Texas, as amended. Section 3. That if any section, subsection, sentence, clause or phrase of this ordinance, or the application of same to a particular set of persons or circumstances, should for any reason be held to be invalid, such invalidity shall not affect the remaining portions of this ordinance, and to such end, the various portions and provisions of this ordinance are declared to be severable. Section 4. That all ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only. Section 5. That any person who violates any provision of this ordinance shall, upon conviction, be punished, as provided in Section 1-8 of the Code of Ordinances of Beaumont, Texas. PASSED BY THE CITY COUNCIL of the City of Beaumont on this the 28th day of August, 2001. - Mayor - FILE 1567-Z: Request for a zone change from RM-H (Residential Multiple Family NORTH Dwelling - High Density) to GC-MD (General Commercial- Multiple Family - Dwelling). Location: 1475 Victoria (a� Craig & M.L.K. Pkwy. SCALE Applicant: Terrell McCarrell 111=200, s J-P 46 OS 94 ' r ' S t s• � Ldb'GNd4 • � � •J • - • 4 t• 'Uf I •J . .fin • � 7 •• i tt r 1t � L a • 4t I0 0)f AP � o tt i I• V <6 L ¢ S+ h r sw • t � f 1 11 • A ` J. 0 ♦ / I 0 • ,; 411 ss 1 /3 t/ • ti ell • o t .off „ % /4 • 1� r. PON • ./ \j� - � t t S ti• • 2/ t • + EXHIBIT '1A„ 2 Council consider a request for a zone change from GC-MD (General Commercial-Multiple Family Dwelling) and RM-H (Residential Multiple Family Dwelling-Highest Density) to C-M (Commercial-Manufacturing) District for property in the 2900 blocks of S. Fourth Street and San Jacinto Street 1175 City of Beaumont Council Agenda Item 'M • K TO: City Council FROM: Stephen J. Bonczek, City Manager PREPARED BY: Stephen C. Richardson, Planning Manager MEETING DATE: August 28, 2001 AGENDA MEMO DATE: August 21, 2001 REQUESTED ACTION: Council consider a request for a zone change from GC-MD (General Commercial-Multiple Family Dwelling)and RM-H(Residential Multiple Family Dwelling-Highest Density)to C-M(Commercial-Manufacturing)District for property in the 2900 blocks of S. Fourth Street and San Jacinto Street. RECOMMENDATION The Administration recommends that the east 40 feet of Lots 1 and 2 and all of Lots 3, 4, 5 and 6 be rezoned from GC-MD to C-M. It is also recommended that the east half of the block(Lots 7-12) remain in the RM-H District. BACKGROUND The owner of Block 116 (save and except the west 100 feet of Lots 1 and 2) is Jef C. Russell, Jr. There are 4 metal buildings fronting on S. 4`h Street from Rockwell to Terrell. There are 6 metal buildings sited on the east side of the block abutting San Jacinto. This area along S. 4`h was zoned C-2(Central Commercial)on the original zoning map of 1955. The east half of the block was zoned R-2(now RM-H). The C-2 district allowed distribution,wholesale,fabrication and trucking,among other commercial uses. The C-2 was combined with C-1 (retail) in the 1981 Zoning Ordinance to become GC-MD. Several of the buildings were in existence prior to 1955. Through the years,Mr.Russell has rented and leased his property for various commercial and heavy commercial uses. There is a plastic fabrication machine shop and a proposed abrasive waterjet cutting job shop in the 2900 block of S. 4`h Street. There is also a used car lot and furniture repair shop. Commercial uses lie along the west side of the street. Several metal buildings are situated on the San Jacinto side of the subject block. Some of these buildings are unoccupied at the present. There is a transmission parts distributor located on Lot 7 facing San Jacinto. There are single family homes lying along the east side of San Jacinto between Rockwell and Terrell. The property owner wants the C-M district designation so that the zoning district will be commensurate with the actual and historical land uses in the block. BUDGETARY IMPACT None. PREVIOUS ACTION At a joint Public Hearing with City Council held August 20,2001,the Planning Commission voted 5-0 to approve the rezoning of the east 40 feet of Lots 1 and 2 and all of Lots 3,4, 5 and 6 from GC- MD to C-M and that the east half of the block (Lots 7-12) remain in the RM-H District. SUBSEQUENT ACTION None. RECOMMENDED BY Planning Commission,City Manager,Executive Assistant to City Manager/Economic Development Director and the Planning Manager. RECOMMENDED MOTION Approve/Deny a zone change for the east 40 feet of Lots 1 and 2 and all of Lots 3, 4, 5 and 6 from GC-MD to C-M and that the east half of the block (Lots 7-12) remain in the RM-H District. ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING CHAPTER 30 OF THE CODE OF ORDINANCES OF BEAUMONT, TEXAS, AND IN PARTICULAR THE BOUNDARIES OF THE ZONING DISTRICTS,AS INDICATED UPON THE ZONING MAP OF BEAUMONT, TEXAS, BY CHANGING THE ZONING OF PROPERTY PRESENTLY ZONED GC-MD(GENERAL COMMERCIAL-MULTIPLE FAMILY DWELLING) DISTRICT AND RM-H (RESIDENTIAL MULTIPLE FAMILY DWELLING-HIGHEST DENSITY) DISTRICT TO C-M (COMMERCIAL-MANUFACTURING) DISTRICT FOR PROPERTY LOCATED IN THE 2900 BLOCKS OF S. FOURTH STREET AND SAN JACINTO STREET, BEAUMONT, JEFFERSON COUNTY, TEXAS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That Chapter 30 of the Code of Ordinances of Beaumont, Texas, and in particular the boundaries of the zoning districts, as indicated upon the Zoning Map of the City of Beaumont, referred to in Section 30-513 thereof, is hereby amended by changing the zoning of property presently zoned as GC-MD (General Commercial-Multiple Family Dwelling) District and RM-H(Residential Multiple Family Dwelling-Highest Density)District to C-M (Commercial-Manufacturing) District for property located in the 2900 blocks of S. Fourth Street and San Jacinto Street, being the east 40 feet of Lots 1 and 2 and all of Lots 3 through 12, Block 116, Cartwright 2"d Addition, City of Beaumont, Jefferson County, Texas, containing 0.735 acres, more or less, as shown on Exhibit"A" attached hereto and made a part hereof for all purposes, and the official zoning map of the City of Beaumont is hereby amended to reflect such changes. Section 2. That, in all other respects, the use of the property hereinabove described shall be subject to all of the applicable regulations contained in Chapter 30 of the Code of Ordinances of Beaumont, Texas, as amended. Section 3. That if any section, subsection, sentence, clause or phrase of this ordinance, or the application of same to a particular set of persons or circumstances, should for any reason be held to be invalid, such invalidity shall not affect the remaining portions of this ordinance, and to such end, the various portions and provisions of this ordinance are declared to be severable. Section 4. That all ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only. Section 5. That any person who violates any provision of this ordinance shall, upon conviction, be punished, as provided in Section 1-8 of the Code of Ordinances of Beaumont, Texas. PASSED BY THE CITY COUNCIL of the City of Beaumont on this the 28th day of August, 2001. - Mayor - KL 3 FILE 1568-Z: Request for a zone change from GC-MD (General Commercial - NORTH _ Q Multiple Family Dwelling) & RM-H (Residential Multiple Family Dwelling - High A Density) to C-M (Commercial - Manufacturing). Location: The 2900 block of San Jacinto & South 4m, between Rockwell & Terrell SCALE Applicant: Jef C. Russell, Jr. 1"=200' _ � M M 1 N � •I IA t � PRAIRIE AVE. v Y / j S !/J JO ' A i:N r t M r To t 1 I 4 I! i I•T b J I Z iN M t I iy c Is YI/ )4 co T£RRELL SO TERRELL AVE. jr, .o . ; �a O ROCKWELL AVE. WO 10 WASI OLVO WASHINTON BLVD. du 40 40 Z I Is N Rp 101 oil �R� ! I I _ � M � 11 1 Im I's .' ' A AV= 41 ° I — c s -1 EXHIBIT "A" 3 Council consider a rezoning study to change zoning from HI (Heavy Industrial)to RCR (Residential Conservation and Revitalization) and GC-MD (General Commercial-Multiple Family Dwelling) District for property in the Oaks Historic District (HC-D2, south of Calder Avenue) Cit y of Beaumont cluji Council Agenda Item TO: City Council FROM: Stephen J. Bonczek, City Manager PREPARED BY: Stephen C. Richardson, Planning Manager MEETING DATE: August 28, 2001 AGENDA MEMO DATE: August 21, 2001 REQUESTED ACTION: Council consider a rezoning study to change zoning from HI (Heavy Industrial)to RCR(Residential Conservation and Revitalization)and GC-MD(General Commercial- Multiple Family Dwelling)District for property in the Oaks Historic District(HC-D2,south ofCalder Avenue). RECOMMENDATION The Administration recommends approval of the proposed rezoning from HI (Heavy Industrial) to RCR (Residential Conservation and Revitalization) and GC-MD (General Commercial-Multiple Family Dwelling) for property in the Oaks Historic District. BACKGROUND At the request of a number of residents in the area, a zoning study was done for a portion of the McFaddin 2 Addition. The area is bounded by Calder Avenue on the north, by Liberty Avenue on the south, by First Street on the east and by Third Street on the west. Currently, all of the land within the study area is zoned HI (Heavy Industrial). The area is a mix of commercial, residential single family, residential multiple family and vacant land. There is also one industrial use (an ice house) located at First and Broadway. The study area has been zoned industrial since 1955. As a result of the Heavy Industrial zoning,no homes can be built in the area except for the replacement of grandfathered homes. The Development Strategies Plan (Comprehensive Plan) designates this area as one in need of conservation and revitalization. With the designation of the majority of this area as part of the Oaks Historical District in 1997,the City recognized it as a part of the City in need conservation and revitalization. BUDGETARY IMPACT None. PREVIOUS ACTION At a joint Public Hearing with City Council held August 20, 2001, the Planning Commission voted 5-0 to approve the zone change from HI (Heavy Industrial) to RCR(Residential Conservation and Revitalization) and GC-MD (General Commercial-Multiple Family Dwelling) District for property in the Oaks Historic District (HC-D2, south of Calder Avenue). SUBSEQUENT ACTION None. RECOMMENDED BY Planning Commission,City Manager,Executive Assistant to City Manager/Economic Development Director and the Planning Manager. RECOMMENDED MOTION Approve/Deny a zone change from HI (Heavy Industrial) to RCR (Residential Conservation and Revitalization) and GC-MD (General Commercial-Multiple Family Dwelling) District for property in the Oaks Historic District (HC-D2, south of Calder Avenue). ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING CHAPTER 30 OF THE CODE OF ORDINANCES OF BEAUMONT, TEXAS, AND IN PARTICULAR THE BOUNDARIES OF THE ZONING DISTRICTS,AS INDICATED UPON THE ZONING MAP OF BEAUMONT, TEXAS, BY CHANGING THE ZONING OF PROPERTY PRESENTLY ZONED HI (HEAVY INDUSTRIAL) DISTRICT TO RCR (RESIDENTIAL CONSERVATION AND REVITALIZATION) DISTRICT AND GC-MD (GENERAL COMMERCIAL-MULTIPLE FAMILY DWELLING) DISTRICT FOR PROPERTY LOCATED IN THE OAKS HISTORIC DISTRICT (HC-D2, SOUTH OF CALDER AVENUE) DISTRICT, BEAUMONT, JEFFERSON COUNTY, TEXAS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That Chapter 30 of the Code of Ordinances of Beaumont, Texas, and in particular the boundaries of the zoning districts, as indicated upon the Zoning Map of the City of Beaumont, referred to in Section 30-56 thereof, is hereby amended by changing the zoning of property presently zoned as HI (Heavy Industrial) District to RCR (Residential Conservation and Revitalization) District and GC-MD (General Commercial-Multiple Family Dwelling) District for property located in the Oaks Historic District (HC-D2, south of CalderAvenue)District, City of Beaumont, Jefferson County, Texas, as described below and as shown on Exhibit°A° attached hereto and made a part hereof for all purposes, and the official zoning map of the City of Beaumont is hereby amended to reflect such changes. HI (Heavy Industrial) to RCR (Residential Conservation and Revitalization): McFaddin Second Addition, Lots 7-12, Block 1; Lots 1-12, Block 9; Lots 2-11, Block 10; Lots 3-6, W10' of Lot 2, Block 11; Lots 1-6, Block 12. HI (Heavy Industrial) to GC-MD (General Commercial-Multiple Family Dwelling): McFaddin Second Addition, Lots 7-11, Block 11; Lots 7-12, Block 12. Section 2. That, in all other respects, the use of the property hereinabove described shall be subject to all of the applicable regulations contained in Chapter 30 of the Code of Ordinances of Beaumont, Texas, as amended. Section 3. That if any section, subsection, sentence, clause or phrase of this ordinance, or the application of same to a particular set of persons or circumstances, should for any reason be held to be invalid, such invalidity shall not affect the remaining portions of this ordinance, and to such end, the various portions and provisions of this ordinance are declared to be severable. Section 4. That all ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only. Section 5. That any person who violates any provision of this ordinance shall, upon conviction, be punished, as provided in Section 1-8 of the Code of Ordinances of Beaumont, Texas. PASSED BY THE CITY COUNCIL of the City of Beaumont on this the 28th day of August, 2001. - Mayor - - r- r-41 , rAT s� EXISTING Z ♦ = M I Sal 3O Is N.T.S • • ,o I.�, ,,rte'v• ` I i t f r t I • fa I c 1 v i ! . • r �� , f • LM • j l r 10 SO O Z CALVIEK I - .o - 50 to Iry .0 10 !O' 1 f • o If /t= it f r a i I 4 cnJV' JO SO ! b Q � 2S sb 3 ■ r s m so as 1 so 1 ' Iv sp ss 30 K �' �' •J •:I 90 600 z /p 1 N 7 a B 9 A 10 1 15 n . 00 p 50 5b .40 sc u zs so e0 W M am an AS /t►`Ci p � b /I /t� 4 1 1 ; z .. loft 50 1 J l / LAUREL 10 I •• _ _ • b w y b .A 1 � 60 fo b • ! • ! t / O N f = O N I I ( O K � !NI C•4r G /e•iv(+ � 1 C /re o v Sc so 'SO so I - _ _ + � m 'm an ma r■ STUDY AREA S EXHIBIT"A" J t :• PROPOSED ZONING >v.T.S !- pr - $O1 a0I 30 It9 7 • • AWB-T TQ t 1 J —t p ` i s I I S ♦ J I ! /2 ! ♦ / �! ! J / f ! • J � S O I c ` a s 12•i Kit :x•. I 1: .bi� 1:511!LaIL b DSO 10 a16 - 00 s CALDSK ' I 4 so 1O 30 SO JO SO '. . 100 10 JO 140' , i I_ I J R7 u " o s I 1 ,- D J J\ h J ♦ � ! / i f J ♦ J I / 1 �f ♦ J t / / ! ♦ J t 60 O � � 110 10 I So 12s 2s 50 1 10 25 30 10 w �. 1 I � Hl ; JS S so I{ so lu 7341 50 9.10 I ns m - 50 1 do - :G s'�� 10 ?0 `,•s Ir _•I s110 poe 1 ,O 1 is s 2; . 0 /C 4 /r I /t 1 , 0 J /O , ; „ \I D cs I I I a I h ♦ J /� ;f J ♦ J / 1 �f t ♦ ! l / ! l ♦ J t x u •, 251 s0 50 So 5 tS JO 10 10 m 40 Tl7 .a� 5 115+1s1 So 10 30 315. 1 50 4 , I4 I y + 1 4 � D // I /te .�� I J 10 / s At I d .0 4 2 J I • I J t l / , J. J I ♦ I J l t f ! I J At l ., f J ♦ J t / I - 1 .10 60 ^I I 1 I I I I I I =y =o !►9 fp 17 SO 60 � aD 1 s7 � Je o w r O LAIJRE JD - S0 60 JO - I 10 60 s0 /t3 p 06 J ,' • ! t /nOa \p f 4 S I t 3 t 4 ( g N L 3 • J S / O � 8 c I DUI ..t..ve Z ip-•>e+ � / Q g / i r7 J 1 /O // /tr J 1 /o I u /t v ? p 7 I J STUDY AREA 4 Council Consider a request for a specific use permit to allow a day care center for 7-12 children in an RM-H (Residential Multiple Family Dwelling-Highest Density) District at 4210 Cleveland 74~1 Cit y of Beaumont Council Agenda Item TO: City Council FROM: Stephen J. Bonczek, City Manager PREPARED BY: Stephen C. Richardson, Planning Manager MEETING DATE: August 28, 2001 AGENDA MEMO DATE: August 21, 2001 REQUESTED ACTION: Council consider a request for a specific use permit to allow a day care center for 7-12 children in an RM-H(Residential Multiple Family Dwelling-Highest Density)District at 4210 Cleveland. RECOMMENDATION The Administration recommends a conditional approval of the specific use permit to allow a day care center for 7-12 children in an RM-H(Residential Multiple Family Dwelling-Highest Density)District at 4210 Cleveland subject to: (1)Anew site plan be submitted showing a minimum of six off-street parking spaces; and (2) A modification to the screening and landscaping requirements. BACKGROUND Rekeisha Lynn Ellis wishes to open a child care facility in a residence at 4210 Cleveland. Ms. Ellis will keep from 7 to 12 children under the ages of 14 years. She plans to be open from 6:00 a.m. to 5:00 p.m., Monday through Friday. She will not provide transportation. The applicant is requesting a modification to the regulations of Section 30-31 (landscaping and screening). BUDGETARY IMPACT None. PREVIOUS ACTION At a joint Public Hearing with City Council held August 20, 2001,the Planning Commission voted 5-0 to approve the specific use permit to allow a day care center for 7-12 children in an RM-H (Residential Multiple Family Dwelling-Highest Density) District at 4210 Cleveland subject to: (1) A new site plan be submitted showing a minimum of six off-street parking spaces; and (2) A SUBSEQUENT ACTION None. RECOMMENDED BY Planning Commission,City Manager,Executive Assistant to City Manager/Economic Development Director and the Planning Manager. RECOMMENDED MOTION Approve/Deny a specific use permit to allow a day care center for 7-12 children in an RM-H (Residential Multiple Family Dwelling-Highest Density)District at 4210 Cleveland subject to: (1) A new site plan be submitted showing a minimum of six off-street parking spaces; and (2) A modification to the screening and landscaping requirements be approved by Council. ORDINANCE NO. ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A CHILD CARE FACILITY IN A RESIDENCE LOCATED AT 4210 CLEVELAND IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS, the City Council for the City of Beaumont desires to issue a specific use permit to Rekeisha Lynn Ellis to allow a child care facility in a residence at 4210 Cleveland, being Lots 8 and 9, Block 113, Pinecrest Addition to the City of Beaumont, Jefferson County, Texas, containing 0.28 acres, more or less, as shown on Exhibit "A" attached hereto; and, WHEREAS, the City Council is of the opinion that the issuance of such specific use permit is in the best interest of the City of Beaumont and its citizens, subject to the hereinafter described conditions; NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That a specific use permit to allow a child care facility in a residence located at 4210 Cleveland, being Lots 8 and 9, Block 113, Pinecrest Addition to the City of Beaumont, Jefferson County, Texas, being Lots 8 and 9, Block 113, Pinecrest Addition to the City of Beaumont, Jefferson County, Texas, containing 0.28 acres, more or less, as shown on Exhibit "A" attached hereto, is hereby granted to Rekeisha Lynn Ellis, her legal representatives, successors and assigns, subject to the following conditions: (1) The submission of a site plan showing a minimum of six off-street parking spaces; and, (2) A modification to the screening and landscaping requirements as approved by Council. Section 2. That the specific use permit herein granted is expressly issued for and in accordance with each particular and detail of the site plan attached hereto as Exhibit"B" and made a part hereof for all purposes. Section 3. Notwithstanding the site plan attached hereto, the use of the property hereinabove described shall be in all other respects subject to all of the applicable regulations contained in Chapter 30 of the Code of Ordinances of Beaumont, Texas, as amended. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 28th day of August, 2001. - Mayor - IIii IIIIII lllllllllllil 1IVoiI11111 , - I & II • III , 11 ► � a , FILE 1576-P: Request for a specific use permit to allow a daycare center for 7-12 NORTH children in a house at 4210 Cleveland in the P.M-11 (Residential Multiple Family C Dwelling - High Density) district. Location: 4210 - 4230 Cleveland SCALE • . Applicant: Rekeisha Lynn Ellis P-200' MAW J 2.2gZ s FILWORE � � - • • • 3 • 1 ui s • • 3 • 1 777,,.x.. . ) • T c= ,� • _ 88 eo '0A C7 jo a,f t i J r 1 7 • t D N ! m 7 • • D 1/ Cf } 7 • • 10 • ! • S ! ! 7 Imo. J. .f• _ _ `1O - 1- I_V �l1 r t r 3 PIERCE ST. PIEPCE! 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I ! 3 ^1 • 3 • I 4 1 7 HYBROOK LANE •o . • • I b TIT-(5 -, TI EXHIBIT "A � n eo 1"011 90 A UTICA I .•v 7 � sa I ae I`r X D I I�iB1C_1 V-AEUNE.T.V TSk n• � T.., r Cri _ A 7 Q�i I 1 n T , DININ G AREq ITCHE I'1 ` i I (� ItC3 ` 'T -73 ; I NALL WADI n . YARD M PAI:k I N 6'SPACE. . Pt kV I NG SPA CIE * Approval subject to: (1) A new site plan be submitted "I --- - - .. –- --- showing a minimum of six off-street parking spaces; and — ✓. 1 -- (2) A modification to the screening and landscaping requirements be approved by Council. 5 Council consider a request for a specific use permit to allow a drapery design/interior design and accessory shop in an RCR(Residential Conservation and Revitalization)District at 2495 Broadway and 9' Street City of Beaumont " - . • EL Council Agenda Item TO: City Council FROM: Stephen J. Bonczek, City Manager PREPARED BY: Stephen C. Richardson, Planning Manager MEETING DATE: August 28, 2001 AGENDA MEMO DATE: August 21, 2001 REQUESTED ACTION: Council consider a request for a specific use permit to allow a drapery design/interior design and accessory shop in an RCR(Residential Conservation and Revitalization) District at 2495 Broadway and 91h Street. RECOMMENDATION The Administration recommends approval of the specific use permit to allow a drapery design/interior design and accessory shop in an RCR(Residential Conservation and Revitalization) District at 2495 Broadway and 91h Street, subject to the owner identification sign conforming to the Historic District regulations and to the construction of an 8' tall screening fence and 10' wide landscape strip along the east and south sides of the proposed new parking lot on Lot 10 and part of Lot 11 (Block 26, Averill Addition). BACKGROUND Alvin and Dorothy McKnight wish to open an interior design firm which will emphasize draperies and other textiles. They will also sell accessories such as paintings, candles and small decorative items. The existing buildings at the southeast corner of Broadway and Ninth Street were used for many years as Douglas Steinman, Jr.'s, architectural firm. A new driveway and a small parking lot will be constructed off Broadway for additional access. Signage will be required to comply with the special sign regulations of the Oaks Historic District. BUDGETARY IMPACT None. PREVIOUS ACTION At a joint Public Hearing with City Council held August 20,2001,the Planning Commission voted 5-0 to approve the specific use permit to allow a drapery design/interior design and accessory shop in an RCR(Residential Conservation and Revitalization) District at 2495 Broadway and 9"Street, subject to the owner identification sign conforming to the Historic District regulations and to the construction of an 8'tall screening fence and 10'wide landscape strip along the east and south sides of the proposed new parking lot. SUBSEQUENT ACTION None. RECOMMENDED BY Planning Commission,City Manager,Executive Assistant to City Manager/Economic Development Director and the Planning Manager. RECOMMENDED MOTION Approve/Deny a specific use permit to allow a drapery design/interior design and accessory shop in an RCR (Residential Conservation and Revitalization) District at 2495 Broadway and 9`h Street, subject to the owner identification sign conforming to the Historic District regulations and to the construction of an 8'tall screening fence and 10'wide landscape strip along the east and south sides of Lot 10 and part of Lot 11. ORDINANCE NO. ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A DRAPERY DESIGN/INTERIOR DESIGN AND ACCESSORY SHOP IN AN RCR (RESIDENTIAL CONSERVATION AND REVITALIZATION)DISTRICT LOCATEDAT2495 BROADWAY AND 9T" STREET IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS, the City Council for the City of Beaumont desires to issue a specific use permit to Alvin and Dorothy McKnight to allow a drapery design/interior design and accessory shop in an RCR (Residential Conservation and Revitalization) District located at 2495 Broadway and 9"' Street, being Lots 10, 11, 12 and 13, Block 26, Averill Addition to the City of Beaumont, Jefferson County, Texas, containing 0.72 acres, more or less, as shown on Exhibit "A" attached hereto; and, WHEREAS, the City Council is of the opinion that the issuance of such specific use permit is in the best interest of the City of Beaumont and its citizens, subject to the hereinafter described conditions; NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That a specific use permit to allow a drapery design/interior design and accessory shop in an RCR (Residential Conservation and Revitalization District located at 2495 Broadway and 91' Street, being Lots 10, 11, 12 and 13, Block 26, Averill Addition to the City of Beaumont, Jefferson County, Texas, containing 0.72 acres, more or less, as shown on Exhibit"A"attached hereto, is hereby granted to Alvin and Dorothy McKnight, their legal representatives, successors and assigns, subject to the following conditions: (1) The owner identification sign conforming to the Historic District regulations; and, (2) The construction of an 8' tall screening fence and 10' wide landscape strip along the east and south sides of the proposed new parking lot Section 2. That the specific use permit herein granted is expressly issued for and in accordance with each particular and detail of the site plan attached hereto as Exhibit "B" and made a part hereof for all purposes. Section 3. Notwithstanding the site plan attached hereto, the use of the property hereinabove described shall be in all other respects subject to all of the applicable regulations contained in Chapter 30 of the Code of Ordinances of Beaumont, Texas, as amended. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 28th day of August, 2001. - Mayor- �! if N ,� I ,t-t0 i d - .. �� n �o I 1 ►� f f`no/ NORTH FFileI573-IP: Request for a specific use permit to allow a drapery and accessory shop in ned RCR (Residential Conservation Revitalization).2495 Broadway @ 9° St- SCALE Applicant: Alvin & Dorothy McNight 1 =200' , y ,• I I I I a lei tt lJ t4 t! ego, !. !! K I /f /f I ,! I to t/ t.JO IF to 'P DER ( 1 I it fo CALDER AVE. Jo f I ! . I J, I • / ,J� u „ a l{ ! • s II • ! • 1 t / ,J is i l a l f • r , a I I j N I f ( n tf t! 'Jo to I so t! �fl t! t 9 IDWAY I I I I I ( I I I 10 I (?o !f♦ i !O BROADWAY AVE. 41 i Il I Al ro , ! f I , f ! 4 ! t />" I 46 ,r � i to /! h /7 S t! Its f rJ tI t! I JO N ' ,! t t ! II I! N I - I10 I/ tl • N so 2C� LIBERTY AVE. 1 !0 J! JO _ 1 ' ;i�.-•i b t / 7 f/ t t / ,� '�/J N w a f • 1 4 _ I I .. _ I I 19 Iif I' If 19 ,fir n/4 !! N , ` ,t t0 t, tt t a I N t! I t1't ^14 ! /! If N M •` /7 I Il0 1 tI AWE i I I f 1 1 II I t 1 LAUREL AVE. R S 5. �;I 00 it C. I n /t jr SOUTH ST. , C3 3, . } *. 1 �'' • , ' , EXHIBIT "A" Q: CENTRAL I G H ec Q * Approval subject to the owner identification sign conforming to the Historic District regulations and to the construction of an 8' tall screening fence and 10'wide landscape strip along the east and south sides of Lot 10 and part of Lot 11. MCKNIGHT DRAPERY Spedific Use Permit Application Inl i, for 3495 Broadway • Iwl w..a..,. ,...1,�1.L.......Ir.JI..rU •I\r IL...w.d 1.+W W...•..w..l.1WV AJ/rIw. .tY..4/.w 1A.Y.r NI..••.H\+ ItlYll K A/dl\. I nl 1, 11..1.........,.leL«...... C .dr.rlw .......�11 J.r1•••t.»..... tib w > rtYw.l t.....1J 4nr L.r•4u1 £ r� > < ?I F II ru 1d P..I...n.D—d e...�.w.• i•I.v•f..w IIM.\ rM.i.Y s .r.r...~'./r r. 2T w� .�.r ti...... 1u111 6 Council consider a request for a specific use permit to allow a charter school(K-12) in a GC-MD (General Commercial-Multiple Family Dwelling) District in existing buildings at 3380 Fannin Street (Girl's Haven site) City of Beaumont 2 Council Agenda Item � ° � TO: City Council FROM: Stephen J. Bonczek, City Manager PREPARED BY: Stephen C. Richardson, Planning Manager MEETING DATE: August 28, 2001 AGENDA MEMO DATE: August 21, 2001 REQUESTED ACTION: Council consider a request for a specific use permit to allow a charter school (K-12) in a GC-MD (General Commercial-Multiple Family Dwelling) District in existing buildings at 3380 Fannin Street (Girl's Haven site). RECOMMENDATION The Administration recommends approval of the specific use permit to allow a charter school(K-12) in a GC-MD(General Commercial-Multiple Family Dwelling)District in existing buildings at 3380 Fannin Street (Girl's Haven site). BACKGROUND Karen E.Fitzhugh,the Executive Director of Girls Haven,wants to operate a charter school for 100 students within the confines of the existing facilities at 3380 Fannin. The charter school will serve elementary through high school students. A specific use permit for a school is required in any zoning district. The applicant operates Girls Haven, a non-profit corporation that is a residence for girls ages 8-17 who cannot live at home. The building has been renovated since it was the BPM Club. The "Ehrhart" School will accept students from any school in the B.I.S.D., as well as from the residents of Girls Haven. Hours of operation will be from 7:45 a.m. to 6:00 p.m. Monday through Friday. The site was rezoned from HI to GC-MD in 1998 to allow the residential use for Girls Haven. BUDGETARY IMPACT None. PREVIOUS ACTION At a joint Public Hearing with City Council held August 20,2001,the Planning Commission voted 5-0 to approve a specific use permit to allow a charter school (K-12) in a GC-MD (General Commercial-Multiple Family Dwelling)District in existing buildings at 3380 Fannin Street(Girl's Haven site). SUBSEQUENT ACTION None. RECOMMENDED BY Planning Commission,City Manager,Executive Assistant to City Manager/Economic Development Director and the Planning Manager. RECOMMENDED MOTION Approve/Deny a specific use permit to allow a charter school (K-12) in a GC-MD (General Commercial-Multiple Family Dwelling)District in existing buildings at 3380 Fannin Street(Girl's Haven site). ORDINANCE NO. ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A CHARTER SCHOOL (K-12) IN A GC-MD (GENERAL COMMERCIAL-MULTIPLE FAMILY DWELLING) DISTRICT IN EXISTING BUILDINGS AT 3380 FANNIN STREET (GIRL'S HAVEN SITE) IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS,the City Council for the City of Beaumont desires to issue a specific use permit to Karen E. Fitzhug, Executive Director of Girls Haven to allow a charter school (K- 12) in a GC-MD (General Commercial-Multiple Family Dwelling) District in existing buildings at 3380 Fannin Street(Girl's Haven site), being Lots 9-13 and west 25' of Lot 14, Fannin Street Addition and Tracts 60-A and 60-13, Tax Plat C-6, D. Brown and N. Tevis Surveys, City of Beaumont, Jefferson County, Texas, containing 5.75 acres, more or less. as shown on Exhibit "A" attached hereto; and, WHEREAS, the City Council is of the opinion that the issuance of such specific use permit is in the best interest of the City of Beaumont and its citizens; NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That all conditions necessary for issuance of a specific use permit have been met and a specific use permit to allow a charter school (K-12) in a GC-MD (General Commercial-Multiple Family Dwelling) District in existing buildings at 3380 Fannin Street (Girl's Haven site), being Lots 9-13 and west 25' of Lot 14, Fannin Street Addition and Tracts 60-A and 60-13, Tax Plat C-6, D. Brown and N. Tevis Surveys, City of Beaumont, Jefferson County, Texas, containing 5.75 acres, more or less, is hereby granted to Karen E. Fitzhugh, Executive Director of Girls Haven, its legal representatives, successors and assigns for those certain tracts as described in Exhibit "A" attached hereto and made a part hereof for all purposes. Section 2. That the specific use permit herein granted is expressly issued for and in accordance with each particular and detail of the site plan attached hereto as Exhibit "B" and made a part hereof for all purposes. Section 3. Notwithstanding the site plan attached hereto, the use of the property hereinabove described shall be in all other respects subject to all of the applicable regulations contained in Chapter 30 of the Code of Ordinances of Beaumont, Texas, as amended. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 28th day of August, 2001. - Mayor - FELE 1571-P: Request for 2 specific use permit to 211OW 2 charter school in an area NORTH zoned GC-MD (General Commercial - Multiple Family Dweffing). I Haven) Applicant: School ii .• HOLLYWOOD AVE. - n of 4W 44Wr \�1 �'.• l _ r ----�.--l�l--i i—y+--y—y—l—l�- f — :--- ----1---_— s �� i i i • Via'—!►—�a��--���—���—tea• Hi ZZ C-6 Ll ..WL IQ APO 'oA.,rp-.,,; 1 - - k. ...1.1- �1-�- All sr vo FANNIN ST. 5 WM . AFL b. air 9 ale .A66 oil �a�`�_• �•�=�•_y i'��—�.�t tea• ��•��� r ri��—r r��s��a� I� II E • • /� II DR. /� .� EXHIBIT "A go AZ L➢)IYIL - . I ROUTI X+N Nn IuRR ARn/lltl L .� _ y _ ` / a/•n • / , AST 5101.1. ILfllul N.. 1'.0 t 1°••' ' i C4 Z a - 11 co z • _ wuw wtir• - I' • cwsw�la r 1 blftl-1?G IN TTI't TI bkl'-VlLllkV-ITN IIRL 1i. rr 5►RINLLLN aTlILV I - OlII-YARcT f,Ro.., It R 7 — ►r 7 LII\IIYL AL.NM .T.TIY All) Ilkl �YRIMLI LN aT)ILV -ILL UL UW.RAULO TO IUVYLT-lTN All AIYI N'Abl[ cools.NOR[QOIRTX!\T3 jl F Ir 11 �,w<TSr. TT tab - 7 Council consider a request for a specific use permit to allow a water cutting service (abrasive watedet cutting fabrication job-shop) in a C-M (Commercial-Manufacturing) District for property at 2995 S. Fourth Street at Rockwell City of Beaumont •�• Council Agenda Item TO: City Council FROM: Stephen J. Bonczek, City Manager PREPARED BY: Stephen C. Richardson, Planning Manager MEETING DATE: August 28, 2001 AGENDA MEMO DATE: August 21, 2001 REQUESTED ACTION: Council consider a request for a specific use permit to allow a water cutting service (abrasive waterjet cutting fabrication job-shop) in a C-M (Commercial- Manufacturing) District for property at 2995 S. Fourth Street at Rockwell. RECOMMENDATION The Administration recommends approval of the specific use permit to allow a water cutting service (abrasive waterjet cutting fabrication job-shop) in a C-M(Commercial-Manufacturing)District for property at 2995 S. Fourth Street at Rockwell. BACKGROUND Mr. Chenoweth is leasing a 3,200 square foot metal warehouse building from Jef C. Russell, Jr. located at 2900 S.Fourth Street at Rockwell. The process involves cutting metal and other materials to order from 4 feet to 8 feet in size and up to 8 inches thick. The material is cut using an ultra high pressure water stream with garnet powder used as an abrasive. The cutting head is controlled by a computer. Very little heat or noise is produced by the waterjet machine. BUDGETARY IMPACT None. PREVIOUS ACTION At a joint Public Hearing with City Council held August 20,2001,the Planning Commission voted 5-0 to approve a specific use permit to allow a water cutting service (abrasive watedet cutting fabrication job-shop)in a C-M(Commercial-Manufacturing)District for property at 2995 S.Fourth Street at Rockwell. SUBSEQUENT ACTION None. RECOMMENDED BY Planning Commission,City Manager,Executive Assistant to City Manager/Economic Development Director and the Planning Manager. RECOMMENDED MOTION Approve/Deny a specific use permit to allow a water cutting service (abrasive watedet cutting fabrication job-shop)in a C-M(Commercial-Manufacturing)District forproperty at 2995 S.Fourth Street at Rockwell. ORDINANCE NO. ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOWA WATER CUTTING SERVICE(ABRASIVE WATERJET CUTTING FABRICATION JOB-SHOP) IN A C-M (COMMERCIAL- MANUFACTURING) DISTRICT FOR PROPERTY AT 2995 S. FOURTH STREET AT ROCKWELL IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS,the City Council for the City of Beaumont desires to issue a specific use permit to Robert Chenoweth, P.E.to allow a water cutting service(abrasive waterjet cutting fabrication job-shop) in a C-M(Commercial-Manufacturing) District for property at 2995 S. Fourth Street at Rockwell, Lot 6, Block 116, Cartwright 2"d Addition, City of Beaumont, Jefferson County, Texas, containing 0.16 acres, more or less, as shown on Exhibit "A" attached hereto; and, WHEREAS, the City Council is of the opinion that the issuance of such specific use permit is in the best interest of the City of Beaumont and its citizens, with a waiver of the 10' wide buffer requirement on the east property line; NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That all conditions necessary for issuance of a specific use permit have been met and a specific use permit to allow a water cutting service (abrasive waterjet cutting fabrication job-shop) in a C-M(Commercial-Manufacturing) District for property at 2995 S. Fourth Street at Rockwell, Lot 6, Block 116, Cartwright 2"d Addition, City of Beaumont, Jefferson County, Texas, containing 0.16 acres, is hereby granted to Robert Chenoweth, P.E., his legal representatives, successors and assigns for those certain tracts as described in Exhibit "A" attached hereto and made a part hereof for all purposes. Section 2. That the specific use permit herein granted is expressly issued for and in accordance with each particular and detail of the site plan attached hereto as Exhibit "B" and made a part hereof for all purposes. Section 3. Notwithstanding the site plan attached hereto, the use of the property hereinabove described shall be in all other respects subject to all of the applicable regulations contained in Chapter 30 of the Code of Ordinances of Beaumont, Texas, as amended. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 28th day of August, 2001. - Mayor - File 1569-P: Request for a specific use permit to allow a waterjet job shop in an area NORTH _ ,fc zoned C-M (Commercial - Manufacturing). (Zone change to C-M pending) t Location: 2995 S. 4" St. @ Rockwell Applicant: Robert Chenoweth, P.E. SCALE 1"=200' (_ N J I J N •'i ! / ! .0 rA �� • '� 2aOO PRAIRIE AVE. Aw $ O r :' �, 40 ' - z T£RRELL ,� TERRELL AVE.. i r N S` CT l ! • : • 'r 1 , GA wex -100 v • t ROCKWELL AVE. p air is e I Y w,4SNiNGTON aL VD I LL -- � ' .. WASHINTON BLVD. _ At -'Fri C• I �, f ! _..-.�. l _. ... .. .._.. _ TM Fr`-�C� J �r� EXHIBIT "A,• &I Z, .0oo m F- m X W Plastic Fabricating Machining 53' Formerly J do J Anchor M fg. U C 0 WaterScythe / Proposed Site MAC'S U 0 42' Existing Building 0. H. 80' Trans. C u 2995 S. 4th St. Door Parts 3200 Sq. Ft. / o V) N 3 ° 22' Q N � I 0 CL I Rockwell St. 0 - n U_ a. C ..0 o U a N 8 Council consider a request to abandon Archie Street between Forsythe and Fannin Streets Cit y of Beaumont dosage tl7aij Council Agenda Item TO: City Council FROM: Stephen J. Bonczek, City Manager PREPARED BY: Stephen C. Richardson, Planning Manager MEETING DATE: August 28, 2001 AGENDA MEMO DATE: August 21, 2001 REQUESTED ACTION: Council consider a request to abandon Archie Street between Forsythe and Fannin Streets. RECOMMENDATION The Administration recommends approval of the request to abandon Archie Street between Forsythe and Fannin Streets subject to the retention of a utility and drainage easement to protect services existing in the street right-of-way. BACKGROUND Saint Anthony Cathedral School of the Diocese of Beaumont is the applicant. The school is making this request in order to be able to offer more protection for small children crossing the street between the elementary school and the new gymnasium. No new structures are planned for the right-of-way according to Reverend Jeremiah McGrath. All of the abutting property is owned by the Bishop of the Roman Catholic Diocese of Beaumont. Several property owners in the immediate neighborhood have signed petitions in favor of the abandonment. Information concerning the request was sent out to interested parties. There is a 42" storm sewer in the right-of-way. Entergy, Southwestern Bell and Time Warner all have facilities in the street. There is no water or sanitary sewer in the street. An easement will need to be retained to protect the existing services. BUDGETARY IMPACT None. PREVIOUS ACTION At a Regular Meeting held August 20, 2001, the Planning Commission voted 5-0 to approve the request to abandon Archie Street between Forsythe and Fannin Streets, subject to the retention of a utility and drainage easement to protect services existing in the street right-of-way. SUBSEQUENT ACTION None. RECOMMENDED BY Planning Commission,City Manager,Executive Assistant to City Manager/Economic Development Director and the Planning Manager. RECOMMENDED MOTION Approve/Deny a request to abandon Archie Street between Forsythe and Fannin Streets, subject to the retention of a utility and drainage easement to protect services existing in the street right-of-way. ORDINANCE NO. ENTITLED AN ORDINANCE ABANDONING ARCHIE STREET BETWEEN FORSYTHE AND FANNIN STREET, BEAUMONT, JEFFERSON COUNTY, TEXAS. BE IT ORDAINED BY THE CITY OF BEAUMONT: THAT, Archie Street between Forsythe and Fannin Streets, subject to the retention of a utility and drainage easement to protect services existing in the street right-of-way being a 60-footwide public street right-of-way, extending 300 feet between the north right-of-way line of Forsythe Street and the south right-of-way line of Fannin; said right-of-way lying adjacent to Blocks 14 and 15, Van Wormer Addition, said right-of-way containing 18,000 square feet or 0.4132 acres of land, more or less, in Beaumont, Jefferson County, Texas, as shown on Exhibit "A" attached hereto, is hereby, abandoned. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 28th day of August, 2001. - Mayor - File 615-0d: Request to abandon Archie Ave. between Forsythe St. and Fannin St. NORTH ; Applicant: Bishop C.J. Guillory for St. Anthony Cathedral School and Diosese of �•� Beaumont. / ?/ SCALE 1"=200' Ob 4312 640 Opp 0 ` ` o •f° '+off . .40 lb 44 jP ti C r ♦ rte" V��' �, ''• •• •°•\� � fit♦ ° \ ° ' v •\\\ •o '� \' ♦ �' l\a'• 6 C G Kati G 'v'a� 0 • o ' 4 � \. `` 'a Gov G� o . ••• 0P p • EXHIBIT "Ay, 9 August 28, 2001 Consider a resolution amending Resolution 01-091 to clarify that as to the property described in that resolution the city needs to acquire both a 20' permanent easement and a 30' temporary construction easement and not fee title. City of Beaumont •m• CW Council Agenda Item TO: City Council FROM: Stephen J. Bonczek, City Manager PREPARED BY: Lane Nichols, City Attorney MEETING DATE: August 28, 2001 AGENDA MEMO DATE: August 24, 2001 REQUESTED ACTION: Consider a resolution amending Resolution 01-091 to clarify that as to the property described in that resolution the city needs to acquire both a 20' permanent easement and a 30' temporary construction easement and not fee title. RECOMMENDATION That council approve a resolution amending Resolution 01-091 to clarify that as to the property described in that resolution the city needs to acquire both a 20' permanent easement and a 30' temporary construction easement and not fee title. BACKGROUND Council passed Resolution 01-091 on April 10, 2001. BUDGETARY IMPACT Project funds are available to acquire the easement. PREVIOUS ACTION Council passed Resolution 01-091 on April 10, 2001. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager and City Attorney. RECOMMENDED MOTION Approve/Deny a resolution amending Resolution 01-091 to show that as to the property described in that resolution, the city needs to acquire both a 20' permanent easement and a 30' temporary SAAGENDMOI-Rrso 01-Mlai..pa RESOLUTION NO. WHEREAS, City Council adopted Resolution No. 01-091 on April 10, 2001; and, WHEREAS, the City needs to acquire both a 20' permanent easement and a 30' temporary construction easement; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT Resolution No. 01-191 is amended to read as follows: THAT the City Attorney be and he is hereby authorized and directed to file or cause to be filed against all owners of the parcel of land shown in Exhibit"A" attached hereto and made a part hereof, and all claimants of any interest therein, proceedings in Eminent Domain to acquire both a 20' permanent easement and a 30' temporary construction easement for said purposes, in and to the said parcel of land, the parcels of land being situated in Beaumont, Jefferson County, Texas. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 28th day of August, 2001. -Mayor- SAAGENDA\Currwd Agenda\Arnend Reso 01-091.wpd MEETING OF THE BEAUMONT HOUSING FINANCE CORPORATION * Council consider authorizing the redemption of the Beaumont Housing Finance Corporation Single Family Mortgage Revenue Refunding Bonds, Series 1991 ; and containing other matters related thereto ORGAIN , BELL & TUCKER , L. L. P. ATTORNEYS AT LAW 470 ORLEANS STREET LANCE FOX P. O. BOX 175 OTHER OFFICES PARTNER EXTENSION 1376 BEAUMONT, TEXAS 77704- 1 75 1 HOUSTON AUSTIN EMAIL LCF(Z OBT.COM TELEPHONE (409) 83864 1 2 SILSBEE FAX (409) 8386959 www.obt.com MEMORANDUM TO: Board of Directors of the Beaumont Housing Finance Corporation FROM: Lance Fox - Orgain, Bell & Tucker. L.L.Y. DATE: August 22, 2001 RE: Proposed Defeasance of the Beaumont Housing Finance Corporation Single Family Mortgage Revenue Refunding Bonds, Series 1991 (the "Bonds") Attached to this Memorandum is a Resolution to be approved by the Board of Directors of the Beaumont Housing Finance Corporation to defease the above referenced Bonds. The following is a brief summary of this matter: I. The Bonds were issued by the Corporation in 1991 to finance a single family mortgage program. The Bonds are payable from a pool of mortgages. 2. The Bonds were sold in 1991 to George K. Baum & Company, an investment banking firm who represented the City and the Corporation in 1991 in this financing program. 3. George K. Baum & Company has presented a new proposal to the Corporation to defease the Bonds. This will be accomplished by selling the existing mortgage pool that secures the bonds to a third party. The proceeds realized from such sale will be used to (1) pay the bonds in full, (2) pay the closing expenses and (3) any balance will be turned over to the Corporation. The estimated balance of the proceeds to be realized by the Corporation is approximately S 185,000. 4. The benefit to the Corporation and the City is that the Corporation can then donate the proceeds to fund educational and charitable programs (i.e., museums, library, etc.) that are normally funded by the City, thereby indirectly benefiting the City since the City can reduce its budge obligations for the amounts that are paid for by the Corporation. 5. There is no risk to the City from this transaction. The defcasance will only take place if George K. Baum & Company can find a buyer for the mortgage pool who will pay an amount sufficient to pay the Bonds in full, pay all closing expenses and provide a net balance to be received by the Corporation of at least$185,000. 6. George K. Baum & Company has reviewed and analyzed the existing mortgage pool. It has discovered that many of the mortgages are delinquent and in default, which could adversely affect the amount that a third party will pay for the mortgages. Nevertheless, George K. Baum & Company knows that this transaction cannot be completed unless the Mortgage Pool can be sold to cover all of the above amounts. In the event the purchase price is not sufficient, then the City and the Corporation can decide to either (1) not complete the sale and not defease the Bonds or (2) agree to complete the sale and defeasance and approve a reduced amount that is to be received by the Corporation from the defeasance. Thus, you may want to consider authorizing the City Manager to agree to approve a lesser amount that is to be realized by the Corporation from this transaction. 7. The parties involved in this transaction include the following: Investment Banker: George K. Baum& Company ATTENTION: Scott Riffle 717 17`h Street, Suite 2500 Denver, CO 80202 (303) 391-5453 Bond Trustee: Chase Manhattan Bank ATTENTION: Mauri Cowen 600 Travis Street, Suite 1150 Houston, TX 77002 (713) 216-6686 Bond Counsel: Orgain, Bell &Tucker, L.L.P. ATTENTION: Lance Fox 470 Orleans Beaumont, TX 77701 (409) 838-6412 8. The estimated closing expenses for this transaction, all of which are to be paid out of the funds realized from the sale of the Mortgage Pool, are as follows: George K. Baum&Company $40,000 Bond Counsel $ 5,000 Trustee $ 21500 Verification Agent $ 2,500 TOTAL $50,000 Please contact our office if you have any questions about this matter. Yours truly, Or a' Bell & ucker, L.L.P. ku Lance Fox RESOLUTION AUTHORIZING THE REDEMPTION OF THE BEAUMONT HOUSING FINANCE CORPORATION SINGLE FAMILY MORTGAGE REVENUE REFUNDING BONDS, SERIES 1991; AND CONTAINING OTHER MATTERS RELATED THERETO THE STATE OF TEXAS § COUNTY OF JEFFERSON § CITY OF BEAUMONT § WHEREAS, the Beaumont Housing Finance Corporation (the "Issuer" ) has heretofore issued its Single Family Mortgage Revenue Refunding Bonds, Series 1991 , (the "Bonds" ) , pursuant to the Texas Housing Finance Corporation Act, Chapter 394 , Texas Local Government Code, as amended (the "Act" ) , and pursuant to a Trust Indenture by and among the Issuer and The Chase Manhattan Bank, successor to Ameritrust Texas, N.A. (the "Trustee" ) , dated as of September 1 , 1991 (the "Trust Indenture" ) ; WHEREAS, in accordance with the terms of the Trust Indenture and the Bonds, the Issuer now desires to call the outstanding Bonds for redemption prior to their maturities; and WHEREAS, upon calling the Bonds for redemption and upon making due provision for the redemption of the Bonds, the Bonds shall no longer be regarded as being outstanding, except for the purpose of being paid pursuant to such due provisions made for the redemption, and the pledges, liens, trusts and all other covenants, provisions, terms and conditions of the Trust Indenture authorizing the issuance of the Bonds shall be discharged, terminated and defeased; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE BEAUMONT HOUSING FINANCE CORPORATION: 1 . Consideration. It is hereby found and determined that the transactions contemplated by this Resolution will benefit the Issuer. 2 . Redemption of Bonds . The Issuer hereby irrevocably calls the following bonds of the Issuer for redemption prior to maturity on the date set forth below, and authorizes and directs notice of such redemption to be given as in substantially the form attached hereto as EXHIBIT "A" , which such changes to the Notice as may be necessary or appropriate to effectuate the redemption: Bonds To Be Redeemed Redemption Date Beaumont Housing Finance Corporation Single Family Mortgage Revenue Refunding Bonds, Series 1991 October 1, 2001 In accordance with the terms of the Trust Indenture and the Bonds, the Bonds shall be redeemed at a redemption price equal to 103% of the principal amount thereof, plus interest accrued through the Redemption Date. 4 . Trustee Instructions . To provide for the redemption, discharge and defeasance of the Bonds and all liens securing same, the Corporation hereby approves the instructions to the Trustee in the form attached hereto as EXHIBIT "B" (the "Trustee Instructions" ) , with any and all changes to the Trustee Instructions as the President or any other officer of the Issuer may determine to be necessary or appropriate. Pursuant thereto, the Issuer hereby approves of and directs the Trustee to sell the Mortgage Loans (as defined in the Trust Indenture) and the FNMA Securities to George K. Baum & Company (or such third party as it may direct) , and the Trustee is further directed to liquidate all other investments held under the Trust Indenture and to use the proceeds therefrom to (i) redeem the Bonds, (ii) pay all reasonable expenses and fees incurred in connection with the redemption of the Bonds, as such fees and expenses may be approved by the President or any officer of the Issuer and (iii) deliver the balance of any remaining proceeds to the Issuer. 5 . Further Action. The President and any other officer of the Issuer is hereby authorized and directed to take all action as may be necessary or appropriate to effectuate this Resolution and the redemption of the Bonds, including but not limited to, making all arrangements necessary or appropriate with the Trustee for the redemption of the Bonds; publishing or causing to be published and sending all notices of the redemption as may be required by the terms of the Bonds and the Trust Indenture authorizing the Bonds; making such deposits with the Trustee as may be necessary for the redemption of the Bonds; employing on behalf of the Issuer bond counsel and such other advisors as may be necessary or appropriate to assist the Issuer in the redemption of the Bonds ; and taking all other actions that are reasonably necessary or appropriate to provide for the redemption of the Bonds . 6 . Open Meeting. It is hereby officially found and determined that the meeting at which this Resolution was adopted was open to the public, and public notice of the time, place and purpose of said meeting was given, all as required by Chapter 551 of the Texas Government Code Annotated, Vernon ' s 1994 , as amended. 7 . Severability. If any Section, paragraph, clause or provision of this Resolution shall for any reason be held to be invalid or unenforceable, the invalidity or unenforceability of such Section, paragraph, clause or provision shall not affect any of the remaining provisions of this Resolution. -2- 8 . Repealer. All orders, resolutions, and ordinances, and parts thereof inconsistent herewith are hereby repealed to the extent of such inconsistency. PASSED AND APPROVED this of August, 2001 . David W. Moore, President BEAUMONT HOUSING FINANCE CORPORATION ATTEST: Lulu Smith, Secretary BEAUMONT HOUSING FINANCE CORPORATION Exhibit "A" - Form of Notice of Redemption Exhibit "B" - Trustee Instructions -3- EXHIBIT "A" FORM OF NOTICE OF REDEMPTION NOTICE OF PRIOR REDEMPTION THE BEAUMONT HOUSING FINANCE CORPORATION SINGLE FAMILY MORTGAGE REVENUE REFUNDING BONDS, SERIES 1991 , maturing on March 1 , 2012 , in the aggregate principal amount of $11, 065, 000 . NOTICE IS HEREBY GIVEN that the Beaumont Housing Finance Corporation has called the above bonds for redemption on October 1, 2001 . Such bonds will be redeemed at The Chase Manhattan Bank, Houston, Texas, where due provision shall be made to pay the redemption price of the principal amount of such bonds, plus a premium of 3%, and plus accrued interest to the date fixed for redemption. Such bonds shall not bear interest after October 1, 2001 . BY RESOLUTION of the BOARD OF DIRECTORS OF THE BEAUMONT HOUSING FINANCE CORPORATION, adopted August 28, 2001 . David W. Moore, President Beaumont Housing Finance Corporation EXHIBIT "B" Trustee Instructions See attached. -5- ISSUER INSTRUCTIONS FOR DEFEASANCE August_, 2001 JP Morgan Chase 600 Travis Street, Suite 1150 Houston, Texas 77002 Attention: Mauri Cowen BEAUMONT 1IOUSING FINANCE CORPORATION Single Family Mortgage Revenue Refunding Bonds Series 1991 Ms. Cowen: As trustee for the above-captioned bonds(the "Bonds")under an Indenture of Trust dated as of September 1, 1991 (the "Indenture"), you are hereby given the following instructions: 1. You are to undertake an optional redemption of the outstanding Bonds in whole on October 1, 2001,and to take any action required in connection therewith to provide for such redemption, including but not limited to the liquidation of any investment held under the Indenture. In accordance with Article 111, Section 3.03 of the Indenture you are instructed as follows: (i) You shall redeem all the outstanding Bonds at a redemption price of 103.0% (plus accrued interest) in accordance with Section 3.03 of the Indenture; (ii) You shall call for redemption all outstanding Bonds on October 1, 2001; (iii) You shall mail, as soon as practicable, a conditional call notice to the registered owners of the Bonds that the Bonds will be redeemed on October 1, 2001. 2. On or prior to the date of redemption of the Bonds, the Mortgage Loans and FNMA Pools will be sold to George K. Baum&Company or a third party. You are instructed as follows: (1) You shall sell the outstanding Mortgage Loans and FNMA Pools to George K. Baum& Company or a third party as instructed by George K. Baum&Company; (ii) You shall liquidate on or prior to the date of redemption of the Bonds, all GIC's and or investments held in accounts under the Indenture; (iii) You shall pay all fees in conjuction with the redemption of the Bonds and sale of Mortgage Loans and FNMA Pools. (iv) After the Bonds have been redeemed and all fees have been paid, you shall release all remaining monies to the Beaumont Housing Finance Corporation. IN WITNESS WHEREOF, the undersigned has executed these Issuer Instructions this day of August, 2001. BEAUMONT HOUSING FINANCE CORPORATION By: President ACCEPTED: JP Morgan Chase, as Trustee By: 1100MW City of Beaumont REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS AUGUST 28, 2001 1:30 P.M. CONSENT AGENDA * Approval of minutes * Confirmation of committee appointments A) Adopt a resolution expressing support for the reconstruction of State Highway 87 along a coastal alignment CONSENT AGENDA AUGUST 28, 2001 * Committee Appointments Leroy Lewis would be appointed to the Senior Citizen Advisory Board. The term would commence on August 28, 2001 and expire on August 27, 2003. (Councilman Andrew Cokinos) Contessa Dickson would be appointed to the Community Development Advisory Committee. The term would commence on August 28, 2001 and expire on August 27, 2003. (Mayor Pro-Tem Guy Goodson) A) Adopt a resolution expressing support for the reconstruction of State Highway 87 along a coastal alignment Jefferson County, the City of Port Arthur and Sabine Pass have been working for several years to win approval for the reconstruction of State Highway 87 between Sabine Pass and High Island. Officials from Jefferson County, the City of Port Arthur, Sabine Pass and other entities have all taken a position in support of a coastal alignment. Other alternatives include re- routing the highway along the Gulf Intracoastal Waterway and a northern route around the refineries. Only a coastal alignment will provide access to 19 miles of coastline in Jefferson County that is currently inaccessible. Other advantages of a shoreline route include: 1) better improvements in general transportation and mobility between Sabine Pass and High Island; 2) the shoreline route alternative provides access that would increase nature tourism and economic development; 3) the shoreline route alternative provides/improves recreational access to beaches and other public lands; and 4) the shoreline route alternative would provide an alternative route for emergency response and public safety. The Administration recommends adoption of the resolution. A copy of the staff memorandum is attached for your review. A Cit y of Beaumont �• Council Agenda Item TO: City Council FROM: Stephen J. Bonczek, City Manager PREPARED BY: Kyle Hayes, Executive Assistant to the City Manager MEETING DATE: August 28, 2001 AGENDA MEMO DATE: August 23, 2001 REQUESTED ACTION Consider adopting a resolution expressing support for the reconstruction of State Highway 87 along a coastal alignment. RECOMMENDATION Administration recommends adopting the resolution expressing support for the reconstruction of State Highway 87 along a coastal alignment. BACKGROUND Jefferson County,the City of Port Arthur and Sabine Pass have been working for several years to win approval for the reconstruction of State Highway 87 between Sabine Pass and High Island. An environmental impact statement is currently being prepared to address the impacts of the project. As part of the environmental impact statement process, there will be a public meeting from 4-8 p.m. Thursday, August 30, 2001 in Port Arthur. The purpose of the meeting will be to give interested parties the opportunity to comment on the project and several alternative routes. Officials from the county, the City of Port Arthur, Sabine Pass and other entities have all taken a position in support of a coastal alignment. This is one of the alternatives that will be considered. Other alternatives include re-routing the highway along the Gulf Intracoastal Waterway and a northern route around the refineries. Only a coastal alignment will provide access to 19 miles of coastline in Jefferson County that is currently inaccessible. Other advantages of a shoreline route include: 1)better improvements in general transportation and mobility between Sabine Pass and High Island; 2) the shoreline route alternative provides access that would increase nature tourism and economic development; 3)the shoreline route alternative provides/improves recreational access to beaches and other public lands; and 4) the shoreline route alternative would provide an alternative route for emergency response and public safety. If the City Council approves the resolution, it will be read at the public meeting on August 30, 200 1. BUDGETARY IMPACT None. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager and Executive Assistant to the City Manager RECOMMENDED MOTION Approve/Deny adopting a resolution supporting the reconstruction of State Highway 87 along a coastal alignment.