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HomeMy WebLinkAboutPACKET JULY 26 2005 2M WW i1K City of Beaumont REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS JULY 26, 2005 1:30 P.M. CONSENT AGENDA * Approval of minutes * Confirmation of committee appointments A) Authorize eminent domain proceedings to acquire Lot 8 of Block 9 of the Van Wormer Addition located at 975 Wall Street for the Martin Luther King, Jr. Park B) Authorize the acquisition of Lot 4 of Block 9 of the Van Wormer Addition located at 960 College Street (Parcel 5) for the Martin Luther King, Jr. Park C) Authorize the settlement of the lawsuit styled Antioch Missionary Baptist Church of Beaumont, Texas v The City of Beaumont, et al • City of Beaumont Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tom Warner, Public Works Director MEETING DATE: July 26, 2005 AGENDA MEMO DATE: July 19, 2005 REQUESTED ACTION: Council consider a resolution authorizing eminent domain proceedings to acquire Lot 8 of Block 9 of the Van Wormer Addition located at 975 Wall Street for the Martin Luther King, Jr. Park. RECOMMENDATION The property owner listed below has not accepted the appraised value for their property. Parcel 3: Lot 8 of Block 9 of the Van Wormer Addition Appraised Value: $25,000 Appraiser: Bishop Real Estate Appraisers Owner: Azad Deen and wife, Rosalind Deen Administration recommends authorization to acquire this property by eminent domain. BACKGROUND The City of Beaumont, in cooperation with the Texas Department of Transportation has entered into an agreement to lease a portion of the Martin Luther King,Jr.Parkway(Spur 380)right of way for park purposes.The City of Beaumont desires to also acquire all of Block 9 of the Van Wormer Addition for Park purposes. There are nine (9)parcels in this project. BUDGETARYIMPACT This project is funded under the Capital Improvement Program. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager and Public Works Director. cngmlk_azad-dun_ed-ib.wpd 19 July,2005 RESOLUTION NO. WHEREAS, the City Council of the City of Beaumont deems it necessary that property located at 975 Wall Street (Parcel 3) be acquired for the Martin Luther King, Jr. Park Project;and, WHEREAS, the City Council has found that a public necessity exists requiring the hereinafter described property: Parcel 3: Lot 8 of Block 9 of the Van Wormer Addition Appraised Value: $25,000 Appraiser: Bishop Real Estate Appraisers Owners: Azad Deen and wife, Rosalind Deen; and, WHEREAS, the City Council deems it necessary to acquire the hereinafter described interests in and to the hereinafter described property for the Martin Luther King, Jr. Park Project, and has found and determined that said interests in and to the hereinafter described land is suited for such purposes and that it is necessary to acquire same for said purposes; and, WHEREAS, the City of Beaumont, through its duly authorized representatives, has negotiated in good faith with the owners of the hereinafter described land and has been unable to agree with such owners of such property as to the fair market value thereof and damages, if any, and further negotiations for settlement have become futile and impossible; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Attorney be and he is hereby authorized and directed to file or cause to be filed against all owners of the following parcel of land, and all claimants of any interest therein, proceedings in Eminent Domain to acquire fee simple title for said purposes, in and to the said parcel of land shown in Exhibit "A" attached hereto and made a part hereof, the parcels of land being situated in Beaumont, Jefferson County, Texas. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 26th day of July, 2005. - Mayor Guy N. Goodson - h ♦♦ � � s yi .♦. M6 p o 1 ♦'rte b�'/ � ♦p p'6 � ♦`' 4♦M � k6tl 1• 60 by 4 } sp h ♦p O � �9 . b � 1a �� ao �` 6p- � On��' 'pis •y1�' 4 Est .p o `o. as a, ,¢ `�q• x2:. IN • •�� tl � ,♦ boa y `\ .b bo S, J 4 �' b♦Qhp /j �o (� � op y��a o� - .. "3 n�tl' � •' �h eye° . ya o ♦• . .'a°�' ♦,y a °�9'¢C � tt e's eQ . . 600 ♦ a� 6o- ,� o• p 90 •I_ h° ° S 6p 6ya i� '• P�f � Ip Q, X k r� -. 4� by - 1. • <�f.� t •O � ��, pQ r .Q k �y by by ,7 �i .,r• •r b .4 t r•. r `• •. ..,`� ..,:.. o �. to +4 - UARCEL 3 v p AO IN .. .. •,,... ..- ...� y ` � ISO w � 'p by k6 .. ' riA4 ,'t .. a t• .. `t t"L. Y r• � 'S' � k� 'i J a .. . . . ,� ,� •5 �.�`1 .d G SSA. .�;;. �`' A . _ . . '��,tt•: •.� -. . . • - .•`-'• ... 'ice •�' ..',� - o' .. �. ~H. '� _J eye^`�4'� � .• • Yom'+ "¢•. � �. ' 1p rat GS City of Beaumont ~ Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tom Warner, Public Works Director MEETING DATE: July 26, 2005 AGENDA MEMO DATE: July 19, 2005 REQUESTED ACTION: Council consider a resolution authorizing the acquisition of Lot 4 of Block 9 of the Van Wormer Addition located at 960 College Street (Parcel 5) for the Martin Luther King, Jr. Park. RECOMMENDATION The owners of the property listed below have agreed to accept the appraised value for their property on the Martin Luther King, Jr. Park Project: Parcel 5: Lot 4, Block 9, Van Wormer Addition (960 College) Appraiser: Bishop Real Estate Appraisers, Inc. Total Appraised Value: $8,750 Owner: Leonard Austin and wife, Joan T. Austin Administration recommends authorization to acquire this property. BACKGROUND The City of Beaumont, in cooperation with the Texas Department of Transportation has entered into an agreement to lease a portion of the Martin Luther King,Jr.Parkway(Spur 3 80)right of way for park purposes. The City of Beaumont desires to also acquire all of Block 9 of the Van Wormer Addition for Park purposes. There are nine (9)parcels in this project. BUDGETARY IMPACT This project is funded under the Capital Improvement Program. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager and Public Works Director. engmlk_austin-ib.wpd 19 July,2005 RESOLUTION NO. WHEREAS, the City Council of the City of Beaumont deems it necessary that property located at 960 College Street (Parcel 5) be acquired for the Martin Luther King, Jr. Park Project; and, WHEREAS, the City Council has found that a public necessity exists requiring the hereinafter described property: Parcel 5: Lot 4, Block 9, Van Wormer Addition (960 College) Appraiser: Bishop Real Estate Appraisers, Inc. Total Appraised Value: $8,750 Owners: Leonard Austin and wife, Joan T. Austin and, WHEREAS, the City Council deems it necessary to acquire the hereinafter described interests in and to the hereinafter described property for the Martin Luther King, Jr. Park Project, and has found and determined that said interests in and to the hereinafter described land is suited for such purposes and that it is necessary to acquire same for said purposes; and, WHEREAS, the City of Beaumont, through its duly authorized representatives, has negotiated in good faith with the owners of the hereinafter described land and has been unable to agree with such owners of such property as to the fair market value thereof and damages, if any, and further negotiations for settlement have become futile and impossible; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Attorney be and he is hereby authorized and directed to file or cause to be filed against all owners of the following parcel of land, and all claimants of any interest therein, proceedings in Eminent Domain to acquire fee simple title for said purposes, in and to the said parcel of land shown in Exhibit "A" attached hereto and made a part hereof, the parcels of land being situated in Beaumont, Jefferson County, Texas. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 26th day of July, 2005. - Mayor Guy N. Goodson - . � ••,`./ ,' 4\ I o�p O '� A Poly�\� j°• C o ,�y ,• tea • .. ti �ti y '� y 6 rte. ti q SO 4�0o Q . ' . � � • .DoE °�. f �• _ ° �a 't 9"'• o �t0 ,. f�- A � ate,•• h• � Q y O } •Oft.\\: .IO.� \R'o °3.qy �\ 6,6.. ..b?�, Oyp c ti s• ` .. IJ yo . \\ 'SSE` .9 °`� •• o'F '�tIG' E • � h � � �\. by b� A93 < y• 6� ff *0 O $• yP1a r a I*s ,, ,b Q GPI' I k9� s' ••� ,•r• �:♦ E •�,t.: � ELF oo ?O 4b, Ut , � ...� 'a I q �- e° yeti •bo • �L/•. •�, .l' 'LP ko .. .�; .y, .' �,�Soh 1t •. ��b,d • �• , . . ;:. �,�i . . Via. , •. ' � ;•�'• . �" � �. •s 5' a .. _. •tE+• 97, Ak } •: -- n i j ..�.- C .. Ci ty of Beaumont "I'll Council Agenda Item ' c TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tyrone E. Cooper, City Attorney MEETING DATE: July 26, 2005 AGENDA MEMO DATE: July 19, 2005 REQUESTED ACTION: Consider a resolution authorizing the settlement ofthe lawsuit styled Antioch Missionary Baptist Church of Beaumont Texas v The City of Beaumont, et al. RECOMMENDATION Council approval of a resolution authorizing the settlement of a lawsuit styled Antioch Missionary Baptist Church of Beaumont Texas v The City of Beaumont, et al. BACKGROUND Council discussed the settlement of this lawsuit in Executive Session July 19, 2005. BUDGETARY IMPACT There are sufficient funds in the Liability Trust Fund to pay the settlement amount of$4,000. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager and City Attorney. RESOLUTION NO. WHEREAS, the lawsuit styled Antioch Missionary Baptist Church of Beaumont, Texas v The City of Beaumont, et al. was discussed in an Executive Session properly called and held Tuesday, July 19; and, WHEREAS, the Council desires to authorize the settlement of the lawsuit styled Antioch Missionary Baptist Church of Beaumont Texas v The City of Beaumont, et al.; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Attorney be, and he is hereby, authorized to settle in the amount of Four Thousand ($4,000) Dollars the lawsuit styled Antioch Missionary Baptist Church of Beaumont Texas v The City of Beaumont, et al. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 26th day of July, 2005. - Mayor Guy N. Goodson - City of Beaumont REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS JULY 26, 2005 1:30 P.M. AGENDA CALL TO ORDER * Invocation Pledge Roll Call * Presentations and Recognition * Public Comment: Persons may speak on scheduled agenda items 5 and 6/Consent Agenda * Consent Agenda GENERAL BUSINESS 1. Consider approving a request for a zone change from RS (Residential Single . Family Dwelling) to RM-M(Residential Multiple Family Dwelling-Medium Density) District at 8955 Phelan 2. Consider approving a request for a zone change from NSC (Neighborhood Shopping Center) District to GC-MD-2 (General Commercial-Multiple Family Dwelling-2)District or more restrictive district and a specific use permit to allow mini-warehouses in a GC-MD-2 (General Commercial-Multiple Family Dwelling- 2) District on property located east of W. Lucas between Folsom and Arthur 3. Consider approving a request for a specific use permit to allow a nursing home/rehabilitation facility in an RM-H (Residential Multiple Family Dwelling- Highest Density) District at 3880 Pointe' Parkway 4. Consider approving a request for a specific use permit to allow a drinking place in a GC-MD (General Commercial-Multiple Family Dwelling) District at 4290 Pradice 5. Consider approving a request to abandon a portion of S. 9' Street 6. Consider approving a request to abandon Guinn Avenue COMMENTS * Councilmembers/City Manager comment on various matters • * Public Comment (Persons are limited to 3 minutes) Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact Pat Buehrle at 880-3725 a day prior to the meeting. July 26, 2005 Consider approving a request for a zone change from RS (Residential Single Family Dwelling) to RM-M (Residential Multiple Family Dwelling-Medium Density) District at 8955 Phelan • City of Beaumont TE.- • Council Agenda Item A c TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tom Warner, Public Works Director MEETING DATE: July 26, 2005 AGENDA MEMO DATE: July 19, 2005 REQUESTED ACTION: Council consider a request for a zone change from RS (Residential Single Family Dwelling) to RM-M (Residential Multiple Family Dwelling-Medium Density) District at 8955 Phelan. RECOMMENDATION The Administration recommends approval of a zone change from RS (Residential Single Family Dwelling) to RM-M (Residential Multiple Family Dwelling-Medium Density) District at 8955 Phelan. BACKGROUND Mary Trahan Alsdurf,the applicant,is requesting a zone change from RS(Residential Single Family Dwelling) District to RM-M(Residential Multiple Family Dwelling-Medium Density)District for the property at 8955 Phelan. There is an existing house on the subject property. Ms. Alsdurf states that she would like to build a new house on the same property. The new house will be about 100 feet to the rear of the existing one. When the owner of that house is deceased,Ms.Alsdurf plans to remove the house. RS zoning does not allow more than one house on a lot. In 1982,2.5 acres immediately west of the subject property was rezoned to RM-M. In 1999,the 3.75 acres immediately east of the subject property was rezoned to RM-M. BUDGETARY IMPACT None. PREVIOUS ACTION At a Joint Public Hearing held July 18,2005,the Planning Commission voted 6:0 to approve a zone change from RS (Residential Single Family Dwelling) to RM-M (Residential Multiple Family Dwelling-Medium Density) District at 8955 Phelan. SUBSEQUENT ACTION None. RECOMMENDED BY Planning Commission, City Manager, Public Works Director and the Planning Manager. 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 RS (RESIDENTIAL SINGLE FAMILY DWELLING) DISTRICT TO RM-M (RESIDENTIAL MULTIPLE FAMILY DWELLING-MEDIUM DENSITY) DISTRICT FOR PROPERTY LOCATED AT 8955 PHELAN, 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 RS (Residential Single Family Dwelling) District to RM-M (Residential Multiple Family Dwelling-Medium Density) District for property located at 8955 Phelan, being Lot 12, Beaumont Orange and Fig Co. Addition, City of Beaumont, Jefferson County, Texas, containing 2.50 acres, more or less, as described on Exhibit"A", 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 herein above 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 this the 26th day of July, 2005. - Mayor Guy N. Goodson - File 1790-Z: Request fora zone change from RS (Residential Single Family Dwelling) NORTH District to RM-M (Residential Multiple Family Dwelling-Medium Density) District or A more restrictive district. Location: 8955 Phelan SCALE Applicant: Mary Trahan Alsdurf i"=too' of I `I I CALDER AVE /,'0.7. s9 - south Line d PHELAN BLVD. — .e56 9i IQ5 29 24 06 2.15.25 190.79• ZZ6.6 �NO�th �L�e A. 5 R R-M m a s Alt, ry e 59 e JR, cJJ\ X17 � 1!5 5 1so 235 B 13 J; ioo L ¢ W �.41i trov , oac�fi Q`IC�J -Z—�•'L�-- ip � I � I �Od l4 S.6 MC I u O *3 I " I " I I f7 EAN DR McLEAN D LEAN I DR I C� N L R. 100 Q era 03 I 0 =63 ZZ 00 O/00 i!0 r to LANE ii I �r o � i b is t t �* a r ^ o o 10VERHILL LANE I \ ` � 8 t t . tt �1rt 0 ! ! tl W Z %ff09 9.t...` U� /3 W n M r 600! .. icro OfN S T Fr N Q m-4 o Z 0 Y r '4,W J /C.0 6 T l CC h W g NQ, Z /0 17.4 ° �i y `� a < bl V n sk p e o �' W 3� W Y " ;tq EXHIBIT «A» K 2 July 26, 2005 Consider approving a request for a zone change from NSC (Neighborhood Shopping Center) District to GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District or more restrictive district and a specific use permit to allow mini-warehouses in a GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District on property located east of W. Lucas between Folsom and Arthur City of Beaumont •r� Council Agenda Item M ' c TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tom Warner, Public Works Director MEETING DATE: July 26, 2005 AGENDA MEMO DATE: July 19, 2005 REQUESTED ACTION: Council consider a request for a zone change from NSC (Neighborhood Shopping Center) District to GC-MD-2 (General Commercial-Multiple Family Dwelling-2)District or more restrictive district and a specific use permit to allow mini-warehouses in a GC- MD-2(General Commercial-Multiple Family Dwelling-2)District on property located east of W. Lucas between Folsom and Arthur. RECOMMENDATION The Administration recommends approval of this request subject to the following conditions: • Modification to the landscaping/screening requirement for the parking frontage along Folsom (a 3' wide landscape strip instead of the required 6'wide landscape strip). • Fencing along Arthur be T wood privacy fencing with a 6'wide landscape buffer on the outside. BACKGROUND Tony and Dana Archibald, the applicants, are requesting a zone change from NSC (Neighborhood Shopping Center)District to GC-MD-2(General Commercial-Multiple Family Dwelling-2)District and a specific use permit to allow a mini-warehouse storage facility. The property is located east of W. Lucas, between Folsom and Arthur. The storage facility will consist of seven single story buildings totaling 16, 519 sq. ft. in area. The applicants state that the buildings will not exceed 12' in height. Access will be off of Folsom. BUDGETARYIMPACT -None. PREVIOUS ACTION At a Joint Public Hearing held July 18,2005,the Planning Commission voted 6:0 to approve a zone change from NSC District to GC-MD-2 District and a specific use permit to allow mini-warehouses in a GC-MD-2 District on property located east of W. Lucas between Folsom and Arthur, subject to the following conditions: • Modification to the landscaping/screening requirement for the parking frontage along Folsom (a 3' wide landscape strip instead of the required 6' wide landscape strip). • Fencing along Arthur be T wood privacy fencing with a 6'wide landscape buffer on the outside. SUBSEQUENT ACTION None. RECOMMENDED BY Planning Commission, City Manager, Public Works Director and the Planning Manager. 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 NSC (NEIGHBORHOOD SHOPPING CENTER) DISTRICT TO GC-MD-2 (GENERAL COMMERCIAL-MULTIPLE FAMILY DWELLING-2)DISTRICT FOR PROPERTY LOCATED EAST OF W. LUCAS BETWEEN FOLSOM AND ARTHUR, 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 NSC (Neighborhood Shopping Center) District to GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District for property located east of W. Lucas between Folsom and Arthur, being Lots 1 - 2 and 10 - 14, Block 35, Calder Highlands Extension, City of Beaumont, Jefferson County, Texas, containing 0.6 acres, more or less, as described on Exhibit"A", 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 herein above 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 this the 26th day of July, 2005. - Mayor Guy N. Goodson - G -C-- File 1793-Z/P: Request for a zone change from NSC (Neighborhood Shopping Center) NORTH District to GC-M1)-2 (General Commercial-Multiple Family Dwelling-2) District or - more restrictive district and a specific use permit to allow mini-warehouses in a GC- MD-2 (General Commercial-Multiple Family Dwelling-2) District. SCALE Location: East of W. Lucas, between Folsom and Arthur 1"=200' Applicant: Tony and Dana Archibald J. PT r7 df r}.� :}. � Lib w. � ::•t Jam: r:�, � 65 1 '.'. °o J c•�c_. -' i-.���..,._�- I T` "� 8Y?3 97_.11 FOLSOM DR. I9 1C T% Y `ST i.ft j ii� 16 ( 17 j Td � S? �'iv~j � •� GO `�jj1 S"rl i 1 I I j 1+' 1 ARTHUR ST. (J i ro 9 i a r \- i 66 oa COOLIDGE ST. 1 �, LU sr 53 57 l ! ' l C t "�� EXHIBIT "A" ORDINANCE NO. ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW MINI-WAREHOUSES IN A GC-MD-2 (GENERAL COMMERCIAL-MULTIPLE FAMILY DWELLING- 2) DISTRICT ON PROPERTY LOCATED EAST OF W. LUCAS BETWEEN FOLSOM AND ARTHUR 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 Tony and Dana Archibald to allow mini-warehouses in a GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District on property located east of W. Lucas between Folsom and Arthur, being Lots 1 - 2 and 10 - 14, Block 35, Calder Highlands Extension, City of Beaumont, Jefferson County, Texas, containing 0.6 acres, more or less, as described 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 mini-warehouses in a GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District on property located east of W. Lucas between Folsom and Arthur, being Lots 1 - 2 and 10 - 14, Block 35, Calder Highlands Extension, City of Beaumont, Jefferson County, Texas, containing 0.6 acres, more or less, as described on Exhibit "A" attached hereto, is hereby granted to Tony and Dana Archibald, their legal representatives, successors and assigns, subject to the following conditions: • Modification to the landscaping/screening requirement for the parking frontage along Folsom (a 3' wide landscape strip instead of the required 6' wide landscape strip). • Fencing along Arthur be 8' wood privacy fencing with a 6' wide landscape buffer on the outside. 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 herein above 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 26th day of July, 2005. - Mayor Guy N. Goodson - File 170-Z/P: Request for a zone change from NSC (Neighborhood Shopping Center) NORTH District to GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District or e more restrictive district and a specific use permit to allow mini-warehouses in a GC- MD-2 (General Commercial-Multiple Family Dwelling-2) District. SCALE Location: East of W. Lucas, between Folsom and Arthur V=2001 Applicant: Tony and Dana Archibald . k i e •:• r.� I I i 11 1. r :• '. n •+t J! !rG :J7 { LS6 ' L:": I :A rSS •fir, ¢ ` �•-- _ - (�.._e. ( ( ..-.i "' BYY+S RT r FOLSOM DR. I9 JO 3: Y A .SI j is. Jd 57 I Jd Ja 3J~ ARTHUR ST. 9 ! d r j € S 1 4 ' J { r 1 / '"•9"�1 7 r 1 d 3 4 J 2 I. t _ t' \.- � o2�v h°CO3 COOLIDGE ST. ly LU ,J 5T ► c' —1'- EXHIBIT «A" _ __ i raNERAL NOTES I II LI 74 - I fClfti I I Wgttwwue..r.ra�A.pINrW I•fns�p�p .o.LL n.r. ,I iI ,p ■Ma6A4.Y A 140.,0[!R a..oll _ _ __ / Tb II i �o tom... •'•'� .... I SITE PLAN [ + COD CCO COD na.sw..r'Oro�nn�R.x, ... .. ._.._._. R -._ -- - -- wM° «._ � ° p M K Subject to the following conditions: _ Modification to the landscaping/screening requirement for the parking frontage along Folsom(a Y wide landscape strip instead of the required 6'wide landscape strip). =� Fencing along Arthur be 8'wood privacy fencing with a 6'wide landscape buffer on the outside. 03 3 July 26, 2005 Consider approving a request for a specific use permit to allow a nursing home/rehabilitation facility in an RM-H (Residential Multiple Family Dwelling-Highest Density) District at 3880 Pointe' Parkway !� City of Beaumont Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tom Warner, Public Works Director MEETING DATE: July 26, 2005 AGENDA MEMO DATE: July 19, 2005 REQUESTED ACTION: Council consider a request for a specific use permit to allow a nursing home/rehabilitation facility in an RM-H(Residential Multiple Family Dwelling-Highest Density) District at 3880 Pointe' Parkway. RECOMMENDATION The Administration recommends approval of a specific use permit to allow a nursing home/rehabilitation facility in an RM-H (Residential Multiple Family Dwelling-Highest Density) District at 3880 Pointe' Parkway. BACKGROUND Regency Nursing and Rehabilitation Centers,Inc.,the applicant, is requesting a specific use permit to allow a nursing home/rehabilitation facility. The property is located at 3880 Pointe' Parkway. Regency proposes to construct a 39,000 sq. ft., 120 bed facility on 3.95 acres of property located on the proposed Pointe' Parkway. The facility will employ a full time staff of 100. An T tall wood screening fence and 10'wide landscape strip will be constructed along the north and east sides of the development. The proposed nursing home will complement the other medical related uses that are being constructed in the immediate area. BUDGETARYIMPACT None. PREVIOUS ACTION At a Joint Public Hearing held July 18, 2005, the Planning Commission voted 6:0 to approve a specific use permit to allow a nursing home/rehabilitation facility in an RM-H(Residential Multiple Family Dwelling-Highest Density) District at 3880 Pointe' Parkway. SUBSEQUENT ACTION None. RECOMMENDED BY Planning Commission, City Manager, Public Works Director and the Planning Manager. ORDINANCE NO. ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A NURSING HOME/REHABILITATION FACILITY IN AN RM-H (RESIDENTIAL MULTIPLE FAMILY DWELLING-HIGHEST DENSITY) DISTRICT FOR PROPERTY LOCATED AT 3880 POINTE' PARKWAY 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 Regency Nursing and Rehabilitation Centers, Inc. to allow a nursing home/rehabilitation facility in an RM-H (Residential Multiple Family Dwelling-Highest Density) District for property located at 3880 Pointe' Parkway, as described on Exhibits"A" and "B" 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 condition; NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That a specific use permit to allow a nursing home/rehabilitation facility in an RM-H (Residential Multiple Family Dwelling-Highest Density) District for property located at 3880 Pointe' Parkway, as described on Exhibits "A" and "B" attached hereto, is hereby granted to Regency Nursing and Rehabilitation Centers, Inc., its legal representatives, successors and assigns, subject to the following condition: • An 8' tall wood screening fence and 10' wide landscape strip will be constructed along the north and east sides of the development. 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 "C" and made a part hereof for all purposes. Section 3. Notwithstanding the site plan attached hereto, the use of the property herein above 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 26th day of July, 2005. - Mayor Guy N. Goodson - LEGAL DESCRIPTION FOR ORDINANCE PURPOSES BEING a 3.9522 acre tract or parcel of land located in the IV B. Dyches Survey, Abstract 17, Jefferson County, Texas and being out of and a part of that called 200.686 acre tract conveyed to LaTex Investors, L.P. of record in Clerks File No. 2000021770 of the Official Public Records of Jefferson County, Texas, said 3.9522 acres being more particularly described by metes and bounds as follows: BEGINNING at a Jefferson County Drainage District No. 6 (DD6) Iron Rod with aluntinuin cap found in the west line of that called 300 acre tract conveyed as Tract l to the Jefferson County Drainage District No. 6 of record in Film Code No. 104-01-0353 of the Real Property Records of Jefferson County, Texas for the southeast corner of that called 4.913 acre tract conveyed to the Jefferson County Drainage District No. 6 of record in Clerks File No. 2002000838 of the Official Public Records of Jefferson County, Texas and the northeast corner of the herein described tract, from which a capped Iron Rod found for the northeast of that called 9.908 acre tract conveyed to Rodney G. Barefield of record in Clerks File No. 2002037831 of the Official Public Records of Jefferson County, Texas bears S 8701'05" W 1669.68 feet(Basis of Bearings); THENCE S 03°01'43" E along the said west line of the 300 acre tract and the east line of the herein described tract for a distance of 430.21 feet to a capped Iron Rod found for the northeast corner of that called 3.5813 acre tract conveyed to Dunleith Partners, Ltd. (Script Care, Inc.) of record in Clerks File No. 2001021999 of the Official Public Records of Jefferson County, Texas; THENCE S 87°01'05" W along the north line of the said 3.5813 acre tract and the south line of the herein described tract, at 300.14 feet pass a capped Iron Rod found for the northwest corner of the said 3.5813 acre tract and the northeast corner of that called 2.4798 acre tract conveyed to Beaumont Family Practice Associates P A of record in Clerks File No. 2004033555 of the Official Public Records of Jefferson County, Texas, and continuing for a total distance of 400.35 feet to a '/" capped Iron Rod set for the southwest corner of the herein described tract; THENCE N 02°58'55" W along the west line of the herein described tract for a distance of 430.21 feet to a %" capped Iron Rod set in the south line of the said 4.913 acre tract for the northwest corner of the herein described tract: THENCE N 87 101'05" E along the south line of the said 4.913 acre tract and the north lime of the herein described tract for a distance of 400.00 feet to the POLL-T AND PL,4CE OFB EGINNING and containing 3.9522 acres of land, more or less. EXHIBIT "A" File 1792-P: Request for a specific use permit to allow a nursing home/rehabilitation NORTH facility in an RM-H (Residential Multiple Family Dwelling-Highest Density)District. Location: 3880 Pointe' Parkway �& Applicant: Regency Nursing & Rehabilitation Centers, Inc. SCALE V=200' SURVEY COORDINd1$D BY: — - Q)'fi711 100'x 35'AC= COn dd[ gEji-&SWSY- t VPLMES EDIT Z II -------' 3120F—in Sven i 11 11 IL 1ZG 8--4 T..,..77701 i i t I !I \ (I 10'VR ESUT� !II _SIO'UR ESLT t I I CONCEPTUAL DEVELOPMENT PLAN I RO.W. 1 ! I I. JEFFERSON COUNTY 1 8 DRAINAGE DISTRICT NO.6 i Fax P.O.B. 117/2 no 4.913 ACRES-TR4CT 1 R0N ReoIav I H 6701.05'E (CC.FAE N0.20020000.76) 1 I - - 190.Ot0'RM -- H I I H 01'43"W I rte+ , 10.71' 1 6-264441' -N21 . I A-219.39' C-LaTEX INVESTORS,L.P.� /I � (( TRACT H-3 9.0808 ACRES g�2 ( 1.1817 ACRES RC.C.F L ON 100.666 17 ACRES / ZONED RY-H - C.C. ON D 2000011770 / ZONED RM-fi / 10'UM ESUT 10'UTL ESYTI I S%26"101?'E ---- 'O Y .��v7',�,C A-69.9'1 WGRI 11\L IJ / / A.69.90'149.34' ire Z ■V= � N 67'0('05' rUIlVTTE, A-175.91` -65'ACCESS O� �a // A-21'26'42 & UTL ES6ET (RECORDING PENDING) / p Y 2 SCALE : t'= 200' / TRACT H-2 q� Co 70'X 66'ACCESS r J /JN 309'- E 1.3890 ACRES W O 1/FR.111ES ESt7T ZP'Q.D RY-N / t 262' �eh0 10'OTL E97T SET CAPPED FK PON R'OO/1W �7 112,ROD FNO RON R00/CAP I (, / / 1 / / I E Il BEAUMONT FAMILY PRACTICE i ASSOCIATES PA i 2.4798 ACRES I I 1 CC FLE NO 20J40J3555 DUNLEITH 1 —S to•un ESN PARTNERS,LTD. HAMBURG �i� LaTEX I SCRIPT CARE INC. PARTNERS,LTD. >�I INVESTORS,L. 3.5817 ACRES 3.628 ACRES �' 2.2622 ACRES C.C. FrtE NO 2au1021999 C.C.FI[.F W 2005COM6 PLO W. RES?D OF 20.7.666 C.C. F7LE 110 2000021 ZONED GC-MD-2 I 10'Un E9+r�! �! BEA UMONT FAMILY PRACTICE Z ASSOCIATES PA 2.296 ACRES CC FUkri20 'OA C (u.�ccrsnzr_rar) "mm14L FOL SOM 3 — FoLSOI,r DPrr_–' -� �='=-%-aar �--JEFFE2SO.':COC:'•7-TDRAL'�AGED!`TPICT`:O. 5 —� A- R EXHIBIT "B" SCALE : 1"-- 100' DETENTION BASIN'A"—� _ JEFFERSON COUNTY _ DRAINAGE DISTRICT NO. 6 ZONED A-R j 10'LANDSCAPED BUFFER W/ 1 B'WOODEN PRNACY FENCE OUMPSTERL— 77—, 0'RPEUNE CISEVENF 25'ORNE - (comyPOWT ENERGY) N'FRANSWZON UNE I JERSON COUNTY i DISTRICT N0. 6 C DRAUUCE CIN NNEL i / �\ � SCRIPT CARE INC. 10'LANDSCAPED BUFFE 3.5813 ACRES W/: "''. TRACT H-I ;; 1 ZONED GC-MD-2 D'WOODEN PRNAOY FENCE I ;3.9522 ACRES/j/ SINGLE STORY BLOC (oRGN Iv-AIA) 390000 CONCEPTUAL I E DEVELOPMENT PLAN L.TEX i l INVESTORS,L.P. tt a se e 25 DRVE E 91.219 ACRES -—- ZONED R-S I I � I I I es' I ununESES� BEAUMONT I TRACT H-3 I I FAMILY i 1.1817 ACRES I " I PRACTICE ZONED RM-H I PRNArE DRNE 4.7758 ACRES I I (UNDER CONSTRUCnON) TRACT H-2 ZONED CC-MD-2 1.3890 ACRES ZONED RM-H - --POINTEI —� I I I ;o LaTEX 'Y INVESTORS,L.P. 2.262 ACRES ZONED GC-MD-2 LQTEXINVESTORS,L.P. ACRES ZONED RM-H ' I (PROJECT CONSTRUCTION TO BEGIN JULY 2005) HIGHLANDS r0WH' - EXHIBIT "D HAMBURG CONCEPTUAL SITE PLAN PARTNERS,LTD. TO ACCOMPANY 3.628 ACRES (PROPOSED MEDICAL FACILITY) i J SPECIFIC USE PERMIT APPLICATION ZONED GC-MD-2 li FOR NOTES: A 3.9522 ACRE TRACT SITE PLAN 1) WATER, SANITARY SEWER„ TELEPHONE, ELECTRICAL OUT OF SINGLE STORY BUILDING SERVICE, GAS, ETC. WILL BE AVA/IABLE TO THIS THE W. DYCHES SURVEY, ABS. NO. 17 ROOF HEIGHT (MAX)-26'-6" SITE AS A PART OF THE CONSTRUCTION OF 120 BED FACILITY POINTE'PARKWAY (HIGHLANDS POINTE' SUB'D). LOCATED IN TOTAL AREA=39,000 SF OSCAPING, SIGNAGE, LIGHTING, AND SCREENING BEAUMONT, JEFFERSON COUNTY, TEXAS EOUIREIAENTS WILL COMPLY WITH APPLICABLE I TOTAL PARKING=80 SPCS A PROPOSED NURSING HOME i HDC PARKING-4 SPACES i ONIIJC ORDINANCE REGULATIONS. AND REHABILITATION FACILITY APPLICANT' EXHIBIT PREPARED BY: REGENCY NURSING & REHABILITAIONirtnll& C"nm4indE gvem&Swonars CENTERS, INC. 3120 Fannn S"ee ONE O'CONNOR PLAZA ,K 8-vy T 77701 EXHIBIT "C" 101 WEST GOODWIN, SUITE 600 '0° VICTORIA, TEXAS 77901 DA/E- JUNE 2005 DWG 81 J. PAmE 4 July 26, 2005 Consider approving a request for a specific use permit to allow a drinking place in a GC-MD (General Commercial-Multiple Family Dwelling) District at 4290 Pradice ! Cit y of Beaumont Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tom Warner, Public Works Director MEETING DATE: July 26, 2005 AGENDA MEMO DATE: July 19, 2005 REQUESTED ACTION: Council consider a request for a specific use permit to allow a drinking place in a GC-MD (General Commercial-Multiple Family Dwelling) District at 4290 Pradice. RECOMMENDATION The Administration recommends denial of a specific use permit to allow a drinking place in a GC- MD (General Commercial-Multiple Family Dwelling) District at 4290 Pradice. BACKGROUND Tina Renee Smith,the applicant, is requesting a specific use permit to allow a drinking place in an existing building at 4290 Pradice. Ms. Smith states that the night club will provide alcoholic beverages as well as music for dancing. This property was granted a zone change to GC-MD and a specific use permit for a drinking place in 1984. However, in 1991, the City Council revoked that specific use permit. At the time, the building was vacant and City staff stated that the neighborhood petitioned the City to revoke the specific use permit before another bar opened at that location. The request was based on the neighborhood's experience with past bars that operated there. The petition stated that shootings, drug dealing,noise and excessive traffic were directly related to the presence of a drinking place at this location. BUDGETARY IMPACT None. PREVIOUS ACTION At a Joint Public Hearing held July 18, 2005,the Planning Commission voted 6:0 to deny a specific use permit to allow a drinking place in a GC-MD(General Commercial-Multiple Family Dwelling) District at 4290 Pradice. SUBSEQUENT ACTION None. RECOMMENDED BY Planning Commission, City Manager, Public Works Director and the Planning Manager. ORDINANCE NO. ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO SERVE ALCOHOLIC BEVERAGES IN A GC-MD (GENERAL COMMERCIAL-MULTIPLE FAMILY DWELLING) DISTRICT ON PROPERTY LOCATED AT 4290 PRADICE IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS,the City Council forthe City of Beaumont desires to issue a specific use permit to Tina Renee Smith to serve alcoholic beverages in a GC-MD (General Commercial-Multiple Family Dwelling) District on property located at 4290 Pradice, being Lot 34, Block 1, West Limits Addition, City of Beaumont, Jefferson County, Texas, containing 0.18 acres, more or less, as described 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 a specific use permit to permit serving alcoholic beverages in a GC-MD (General Commercial-Multiple Family Dwelling) District on property located at 4290 Pradice, being Lot 34, Block 1,West Limits Addition, City of Beaumont, Jefferson County, Texas, containing 0.18 acres, more or less, as described on Exhibit "A" attached hereto, is hereby granted to Tina Renee Smith, her legal representatives,successors and assigns. 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 herein above 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 26th day of July, 2005. - Mayor Guy N. Goodson - A h .' I B-/t t I / I e5.6 /0 �/ /t i b / J b 41 M1 c 1XJr 3r . -� 93 3 /30 /50 (- -'-'- EL A File 1791-P: Request for a specific use permit to allow a drinking place in a GC-MD NORTH - -� (General Commercial-Multiple Family Dwelling) District. Location: 4290 Pradice b„�h` Applicant: Tina Renee Smith SCALE 1"=200' /'10 *11 6[3 60� 500, /0001 x0r 5!0 s0` 51 r>>' 9/.3 ►RAH ST. 0 60 bO 40�, /1 !/i 7/5' 50' - 5 QO 9/3 r-• // l9 'to t/ rt 23 11 LJ(tf 17 IS J I JO' 3/ ; St 1 / /60 4V_1 5 � 9 6r7 _ BOPKER! j _ I I _ r h /3lrul�r]ro 1 PSI BOOKER ST. �ro5 S 50: 50 6 (' r i o r I��• // o , p5h b I h SCAR R /SST * p ' CARVER ST. $ 8 b 1 sQ 3 /1 `6 C-MD V) t✓ r //t r � r rol.ti vq r' p ° � $ T St - ^ !� ' f 4 f 130.42 /30.01 [i2. l0 43p L o 144 h t N t ✓/ p _� v Q B-11 l0 I J Q 1 Ors , v? n h // o o J yeti'�J Z j 59�y v W V R M- 10 , 65 � 9j QS (� /o � V/Rf/N/A • u o r sue. v1 S 6a nZ 5 112 5 60 ZZ 55 6p � ZQi/G / VIRGINIA ST. 700 17 T. r H -r r- WA�' �y � C- M D ORS EXHIBIT "A" ' IPZ o � - ry r — 2.3 S .N �^ k !�� b fz ICI i I'� W �ANL� I I ✓ % i ois � - rw / F elk I�G nc 1pED PL- �%aRx - QPPITrONAL j � f2 PAP,KINb ON PAP,K I — r AcRsS P�nP«sr _-- E 01� CLUB NAVU.A.128 m x 00 00 5 July 26,2005 Consider approving a request to abandon a portion of S. 9h Street City of Beaumont Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tom Warner, Public Works Director MEETING DATE: July 26, 2005 AGENDA MEMO DATE: July 19, 2005 REQUESTED ACTION: Council consider a request to abandon a portion of S. 9" Street. RECOMMENDATION The Administration recommends approval of the request to abandon a portion of S. 9"Street subject to the following conditions: • Retain an exclusive 10' sanitary sewer easement along the north end of the abandonment. • No structures or appurtenances shall be placed within the easement property. • Water utilities will not be responsible for any surface restoration when sanitary sewer repairs are necessary. BACKGROUND Antoinette Hardy,Executive Director of Beaumont Community Housing Development Organization, Inc. (BCHDO), is requesting the abandonment of the south 150' of 91" Street, north of Euclid. Ms. Hardy states that BCHDO is building an affordable house for a disabled senior citizen. Due to the lot's location at 91"and Euclid,it is considered a corner lot and must therefore have a 10'building setback along the 91" Street side. To accommodate the house, a 5'building setback is needed. 9`" Street, between Washington and Euclid is unimproved. In 1984, a 110' portion of 9'h Street, immediately north of this request,was abandoned. As part of that abandonment,the south 10'of the right-of-way was deleted to be used as a utility easement. An 8" sanitary sewer line runs east/west through the middle of Blocks 2 and 3, Carver Terrace. The abandonment request was sent to all interested parties. No negative responses were received. However,Water Utilities is requiring that the abandonment be subject to the three conditions listed -above. BUDGETARY IMPACT None. PREVIOUS ACTION At a Regular Meeting held July 18, 2005, the Planning Commission voted 5:0 to approve a request to abandon a portion of S. 91h Street subject to the following conditions: • Retain an exclusive 10' sanitary sewer easement along the north end of the abandonment. • No structures or appurtenances shall be placed within the easement property. • Water utilities will not be responsible for any surface restoration when sanitary sewer repairs are necessary. SUBSEQUENT ACTION None. RECOMMENDED BY Planning Commission, City Manager, Public Works Director and the Planning Manager. s BEAUNIONT C0A1__N UN _rY HOUSING DEVELOPMENT ORGANIZATION, INC. 5o5 East Florida Avenue Beaumont, Texas -77705 Office: (409) 813-2158 ' Fax: (409) 813-2165 Antoinette Hardy President June 8, 2005 Peggy Holiday Housing Counselor Debra Broussard Site Manager Mr. Stephen Richardson City of Beaumont Board Members: Edie Casmore Planning Department Loma George P.O. Box 3827 Cheryl Guilloiy Beaumont, Texas 77704 Steven Haynes Shawna Tubbs Dear Mr. Richardson: Brandy Voorhies Allison Walker This letter is written to request an abandonment of an unimproved street (right-of-way) next to 3490 W Euclid, Beaumont, Texas 77705. The Beaumont Community Housing Development Organization, Inc. (BCHDO) has a contract with the City of Beaumont to build an affordable home for Mr. Morris Jones, Jr., a disabled senior citizen. In order to build the home at 3490 West Euclid, Beaumont, Texas 77705, we need a 5-foot set-back on both sides on the home. The site indicates a 5-foot set-back on both sides, but Building Services informed our office that this lot is considered a corner lot therefore a 10-foot set-back is applied for this particular lot. Therefore,our office is requesting the street to be abandoned and all owners that abut the property are applying for ownership and maintain right of way. Your approval of this application is needed and appreciated. Sincerely, BCHDO "Blessed Christians Antoinette Hardy He';�i"9 �E1e't i'1J President.'Executive Director C i I i ORDINANCE NO. ENTITLED AN ORDINANCE ABANDONING A PORTION OF S. 9T" STREET IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. BE IT ORDAINED BY THE CITY OF BEAUMONT: THAT a portion of S. 9" Street, being a 60' x 150' portion of 9th Street beginning at the north right-of-way line of West Euclid, extending northerly a distance of 150' to the southern boundary of that portion of 9th Street abandoned by Ord. 84-94, City of Beaumont, Jefferson County, Texas, containing 0.206 acres, more or less, as described on Exhibit"A"attached hereto, be and the same is hereby vacated and abandoned subject to the following conditions: • Retain an exclusive 10' sanitary sewer easement along the north end of the abandonment. • No structures or appurtenances shall be placed within the easement property. • Water utilities will not be responsible for any surface restoration when sanitary sewer repairs are necessary. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 26th day of July, 2005. - Mayor Guy N. Goodson - rt ' Z a• _ 2� 24 File 685-OB: Request to abandon a portion of S. 9" Street NORTH Location: North of West Euclid - �., Applicant: Beaumont Community Housing Development Organization SCALE V=200' 101 FJE�I 7t 7 2J2 25 �yQ " /50 I _ // i 6 i 9 i � �• � I� S: o;. o� WASH/NGTON BLVD .79=, L — —WASHINGTON BLVD_ .-7— /0 i 9 ! d 7 if J ( ! J I . ' r Y/ J /( i I 16 i 17 /d i '/9 PO 1/ i It PJ ' /* I 11 i /e yE/7 Pr t3 t( 1 l( lJ e ° a zs aJ aft, EUCLID AVE. JG —T-7-7- t I i 0 I 9 ! 7 7 J I < 3 I tJ I 12 I // I 10 < I J :u 9 I '`d ia.7 4 jy3 `.• J ELINOR ST. • X33 59I I 1 .. _. i ! 20 9 7 Q 1( 3 r I 11 0 9 J <e 7 I S I1 i i - i JO -40 _ : 1/ P1 P( i 7J Pe 27 ld 29 JO 3/ ! Jr 53 ' 31 JS is i J7 ! i J9 4 a ` rt s r s I WA WAVERLY ST. 3 I I W t: 11 t" 15 a EXHIBIT "A" I `' 2J ZS < J5 / 9 7� ! 6 July 26,2005 Consider approving a request to abandon Guinn Avenue City of Beaumont Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tom Warner, Public Works Director MEETING DATE: July 26, 2005 AGENDA MEMO DATE: July 19, 2005 REQUESTED ACTION: Council consider a request to abandon Guinn Avenue. RECOMMENDATION The Administration recommends approval of the request to abandon Guinn Avenue subject to the following condition: • Retain the north 115' as a drainage easement. BACKGROUND DD#6 has been in negotiations with Robert C.Mistrot to acquire additional right-of-way needed for the ditch adjoining his property. As part of these negotiations, DD#6 agreed to assist Mr. Mistrot with the abandonment of Guinn Avenue, an unimproved street. Mr. Mistrot owns the property on both sides of the right-of-way. This item was sent to all interested parties. No negative responses have been received. DD#6 approved the request subject to retaining the north 115'of the right-of-way as a drainage easement. BUDGETARY IMPACT None. PREVIOUS ACTION At a Regular Meeting held July 18,2005,the Planning Commission voted 5:0 to approve the request to abandon Guinn Avenue subject to the following condition: • Retain the north 115' as a drainage easement. s SUBSEQUENT ACTION None. RECOMMENDED BY Planning Commission, City Manager, Public Works Director and the Planning Manager. �1efferson County Drainage District No. 6 P.O. 'Box 20078 C,550 Walden Rd. • Beaumont, texas 777='O-���',�� Telephone (409) S42-1818 Fax (409) 842-2720 J ;' 21 ?��r �,lohli;he,� ir, rJ2�� June 17, 2005 Board of Directors Steve Richardson Sam D. Smith Planning Manager William F.Miranda City of Beaumont Joshua W.Allen, Sr P. O. Box 3827 Samuel P. Laday Beaumont, Texas 77704-3827 James D. McNicholas Jr RE: Guinn Avenue Abandonment, C. William Survey, bstract No. 59 Richard P. LeBlanc, GE y GENERAL MANAGER Dear Mr. Richardson: Per our conversation this morning, I'm enclosing the Application for Abandonment, Application of Ownership (both of which are signed by the property owner), the survey plat and the $300 fee for the abandonment. We have been in negotiations with Robert C. Mistrot (Bobby) to acquire additional right-of-way needed for the ditch adjoining his property. We have agreed to help him with the abandonment of this street indicated above. We would like to have this placed on the next agenda. Please review this application and if you have any questions or comments, please call me at the office, (409) 842-1818. Sincerely, No� Candy Melancon Right-of-Way Secretary Enclosures Prainaae, Storm `Water J�{anagement, Jl--Caod ControC _' ec amorton and CJn_�FYYaIi in ORDINANCE NO. ENTITLED AN ORDINANCE ABANDONING ALL OF GUINN AVENUE IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. BE IT ORDAINED BY THE CITY OF BEAUMONT: THAT Guinn Avenue, being all of Guinn Avenue, a 60' x 1040.39' public right-of-way dedicated as part of Amelia Heights Third Addition, Volume 5, Page 122, M.R.J.C., City of Beaumont, Jefferson County, Texas, containing 1.43 acres, more or less, as described on Exhibit"A" attached hereto, be and the same is hereby vacated and abandoned subject to the following condition: • Retain the north 115' as a drainage easement. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 26th day of July, 2005. - Mayor Guy N. Goodson - V �l� N •11 f b G File 684-OB: Request to abandon Guinn Avenue. NORTH 1 Location: Between Blocks 1 and 2, Amelia Heights Third Addition . Applicant: Robert C. Mistrot SCALE 1"=200' s x Q � !!o r�o J!O !bV L) U) - a H 1 G - 2 IND. r W` cn , • Q N ti ttl Q O t 1 z ,. .y TON. Y' 1 f 3 8`ro a lb WASHINGTON BLVD. > i 1 .Jf Fvill �1J.1{1 1 a K n}yy i'to i ell 1 4 r W O Q IE. - EXHIBIT "A"