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HomeMy WebLinkAboutPACKET DEC 06 1983 AGENDA REGULAR SESSION'OF-rTHE CITY COUNCIL DECEMBERf6, 1983 CITY COUNCIL CHAMBERS 1:15 P.M. * Invocation. * Pledge of Allegiance. * Roll call . * Proclamations. * Consent Agenda. * Public Hearing - Application for Transit Operating Assistance Grant from the Urban Mass Transportation Administration. 1. A resolution authorizing the filing of an application for a transit operating assistance grant. * Public Hearing - Proposed changes in transit fares. 2. An ordinance providing for changes in transit fares. Fjjai 3. Thir &reading of an ordinance granting a franchise to REM Waste Control , Inc. for closed container refuse collection. 4 F,�ral 4. Third reading of an ordinance granting a franchise to Browning-Ferris Industries, Inc. for closed container refuse collection. 5. Thirdfreading of an ordinance granting a franchise to Waste Express, Inc. for closed container refuse collection. 6. An ordinance amending Ordinance 83-128 requiring franchises for closed container refuse collection. 7. An ordinance changing the zoning from R-3 (Modified Two Family and Multiple Dwelling) to NC (Neighborhood Commercial ) and RM-H (Resi- dential Multiple Family-High Density) for an area described as the Franklin Street Rezoning Study. 8. An ordinance changing the zoning from RS (Residential Single Family) to RM-H (Residential Multiple Family-High Density) and granting a Specific Use Permit to operate a beauty shop on property at 9925 Old Voth Road. Council Agenda December 6, 1983 Page"2 9. An ordinance changing the zoning from GC-MD (General Commercial- Multiple Dwelling) to RS (Residential Single Family) on property at 2876 Ki tchner. 10. An ordinance changing the zoning from RS (Residential Single Family) to RM-H (Residential Multiple Family-High Density) on property on the east side of Major Drive approximately 1300 feet south of Gladys. 11. An ordinance changing the zoning from R-3 (Modified Two Family and Multiple Dwelling) to GC-MD (General Commercial-Multiple Dwelling) and granting a Specific Use Permit to establish offices and a pro- duct storage warehouse on property at 695 Chamberlin. 12. An ordinance changing the zoning from RM-M (Residential Multiple Family-Medium Density) to RM-H (Residential Multiple Family-High Density) and granting a Specific Use Permit to establish a horticul- tural landscaping and retail sales business on property at 8450 High- way 105. 13. An ordinance changing the zoning from AR (Agricultural Residential ) to LI (Light Industrial ) on a 10-acre tract approximately 3300 feet west of IH-10 south on the north side of Walden Road. " 14. An ordinance changing the zoning from LI (Light Industrial) to GC-MD (General Commercial-Multiple Dwelling) on property at 1145 Park Street. 15. An ordinance changing the zoning from RM-H (Residential Multiple Family-High Density) to RS (Residential Single Family) on property bounded by South Street, Guffey Street, Smart Street and Royal Purple Drive. 16. An ordinance granting a Specific Use Permit to grow and sell rare and exotic plants by appointment only in a RM-H (Residential Multiple Family-High Density) district on property at 35 Minor Street. 17. An ordinance granting a Specific Use Permit to establish a speciality contractor's business in a GC-MD (General Commercial-Multiple Dwelling) district on property at 5480 Washington Boulevard. 18. An ordinance abandoning a 315-foot portion of undeveloped Heritage Lane right-of-way north of Collier Road. 19. A resolution awarding a contract for furnishing pit sand and/or clay for landfill cover. Council Agenda December 6, 1983 Page 3 i 20. An ordinance approving a change in the Firefighters Pension Plan. 21. A resolution approving funding from the Community Development Block Grant Program for SOGial Service Facility Rehabilitation Projects. 22. A resolution approving funding from the Community Development Block Grant Program for Historic Preservation Projects. 23. An ordinance adopting the fiscal year 1984 Capital Funds Budgets. 24. A resolution authroizing execution of a contract for cost participation in the paving of Briar Creek Drive as a residential-collector street. Other business. Hear citizens. Recess. RECONVENE FOR WORK SESSION. 1. December 2, 1983 Council Letter . 167 Honorable Mayor and Members of City Council Subject: Transit Operating Assistance Grant Scheduled for Tuesday's meeting is a public hearing on the City's application for a transit operating assistance grant in the amount of $504,226 to cover half the operating deficit of the Beaumont Transit System for fiscal year 1983. After the hearing, the Council will be asked to adopt a resolution authorizing the filing of the application with the Urban Mass Transportation Administra- tion under Section 5 of the Urban Mass Transportation Act of 1964, as amended. The system's operating deficit for scheduled bus service (exclusive of charter service) amounted to $1,008,452 for fiscal year 1983. The figure re- presents the excess of expenditures for scheduled service totaling $1,376,502, over passenger revenues amounting to $368,050. The $504,226 local share of the deficit would be financed from $2,040 in bus system advertising revenue and $502,186 from the General Fund. The system's total operating expenses of $1,461,062 for the year included $84,360 in expenditures for charter service, not eligible for operating grant assistance. The City received a grant of $395,263 from the Urban Mass Transportation Administration to cover 50 percent of the system's fiscal year 1982 deficit of $790,927. Tuesday's hearing was originally scheduled for November 29th, but was post- poned because of the cancellation of the November 29th Council meeting. It is recommended that this resolution be adopted. Karl Nollenberger City Manager 2. December 2, 1983 Council Letter 185 Honorable Mayor and Members of City Council Subject: Transit Fares Scheduled for Tuesday's meeting is a public hearing on proposed increases in transit fares which could be expected to raise about $50,000 a year in ad- ditional revenues and help reduce the bus system's operating deficit. The public hearing will afford an opportunity for any interested persons or agencies to be heard concerning the social , environmental and economic as- pects of the changes. After the hearing, the Council will be asked to consider an ordinance es- tablishing the new fares. The changes would be as follows: Proposed Present Fare Fare Adult Fare 40 cents 50 cents Young Persons _ 15 cents 20 cents Adult Monthly Pass $15 $18 The present regular charter rate is a $60 minimum charge for up to three hours plus $20 for each additional hour. This rate would be increased to a three-hour minimum of $80 plus $28 for each additional hour. The present contract charter rate is a three-hour minimum of $60 plus $20 for each ad- diL'Tuuial hour. The proposed rate would be a three-hour minimum of $70 plus $24 for each additional hour. Other fares, including Special Transit System fares and transfer charges, would remain unchanged. The present fare structure, established in 1982, was sufficient for a 38 percent ratio of operating revenues to operating expenses that year. The schedule was subsequently revised to include increases for passes and incor- porate fares for Special Transit Service for the mobility-impaired. As dis- cussed with you in a Work Session, the operating ratio could drop to 29 percent, compared to the 34 percent considered to be a desirable level , during 1984 unless the fares are increased. The $50,000 anticipated increase in annual revenue would include $40,000 from passenger fares and $10,000 from charters. The increase would tran- slate into a $25,000 reduction in the City's 50 Percent share of the system operating deficit, assuming the other 50 percent to be covered by a transit operating assistance grant from the Urban Mass Transportation Administration as in past years. Council Letter 185. December 2, 1983 Page 2 Federal regulations require that before action is taken on a fare increase a public hearing be conducted with at least 30 days prior published notice. Tuesday's hearing was earlier scheduled for October 25th and November 29th but postponed because of cancellation of the Council meetings scheduled for these dates. It is recommended that the fare increase ordinance be adopted. �,,)& f o&+, 0 Karl Nollenberger City Manager 3 - 4 - 5 December 2, 1983 Council Letter 160 Honorable Mayor and Members of City Council Subject: Closed Container Refuse Collection Franchises Three waste collection franchise ordinances are on the agenda for third and final reading Tuesday. The ordinances would grant five-year franchises for closed container refuse collection to REM Waste Control , Inc. , Browning-Ferris Industries, Inc. , and Waste Express, Inc. In return, the companies would agree to pay the City 5 percent of their monthly gross revenues and abide by other terms and conditions of the franchises. These would include requirements that - the companies carry liability insurance and furnish performance bonds in the amount of $500,000. The franchises also would require uniform rates by classes of customer and set standards for service and equipment maintenance. Franchise ordinances must- be read three times at separate Council meetings with the third reading to be not less than 30 days after the first. These ordinances were passed on first reading November 1st and second reading November'15th. - ThE three ordinances would take effect 60 daysi"after final passage. _ It is recommended that these ordinances be passed on third and final read- ing. Karl Nollenberger City Manager jl,.a i L ORDINANCE AN ORDINANCE GRANTING A FRANCHISE TO REM WASTE CONTROL, INC. TO OPERATE A COMMERCIAL CLOSED CONTAINER GARBAGE COLLECTION SERVICE IN THE CITY OF BEAUMONT; PROVIDING THE TERMS, CONDITIONS, OBLIGATIONS, AND LIMITATIONS OF SUCH SERVICE; PROVIDING INDEMNITY TO THE CITY.; RETAINING AUTHORITY TO REGULATE RATES; PROVIDING FOR FRANCHISE PAYMENTS; AND PROVIDING FOR SEVERABILITY. WHEREAS, REM Waste Control, Inc. ( the "Company" ) has requested a franchise to operate commercial closed container garbage collection service within the City of Beaumont, Texas ( the "City" ) ; and, WHEREAS, the City desires to grant such franchise; NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1 . Grant of Authority There is hereby granted by the City to REM Waste Control Inc. the right and privilege to operate and maintain within the City a commercial closed container garbage collection service ( the "service" ) . For purposes of this franchise, the term "commercial closed container garbage collection service" means the regular collection of garbage from enclosed, mechanically-emptied "dumpster" type containers from locations in the City other than single-family residences, and. the disposal of such material in accordance with law. The franchise granted herein is nonexclusive, and franchises may be granted to other persons for service. ca RT 2 6,T�a ORDINANCE n • AN ORDINANCE GRANTING A FRANCHISE TO BROWNING FERRIS INDUSTRIES, INC. TO OPERATE A COMMERCIAL CLOSED CONTAINER GARBAGE COLLECTION SERVICE IN THE CITY OF BEAUMONT; PROVIDING THE TERMS, CONDITIONS, OBLIGATIONS, AND LIMITATIONS OF SUCH SERVICE; PROVIDING INDEMNITY TO THE CITY; RETAINING AUTHORITY TO REGULATE RATES; PROVIDING FOR FRANCHISE PAYMENTS; AND PROVIDING3 FOR SEVERABILITY. WHEREAS, Browning Ferris Industries, Inc. ( the "Company" ) has requested a franchise to operate commercial closed container garbage collection service within the City of Beaumont, Texas ( the "City" ) ; and, WHEREAS, the City desires to grant such franchise; NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1 . Grant of Authority There is hereby granted by the City to Browning Ferris Industries, Inc. the right and privilege to operate and maintain within the City a commercial closed container garbage collection service ( the "service" ) . For purposes of this franchise, the term "commercial closed container garbage collection service" means the regular collection of garbage from enclosed, mechanically-emptied "dumpster" type containers from locations in the City other than single-family residences, and the disposal of such material in accordance with law . The franchise granted herein is nonexclusive, and franchises may be granted to other persons for service. AQ ti "Po-. ----_ --- ORDINANCE AN ORDINANCE GRANTING A FRANCHISE TO WASTE EXPRESS, INC. TO OPERATE A COMMERCIAL CLOSED CONTAINER GARBAGE COLLECTION SERVICE IN THE CITY OF BEAUMONT; PROVIDING THE TERMS, CONDITIONS, OBLIGATIONS, AND LIMITATIONS OF SUCH SERVICE; PROVIDING INDEMNITY TO THE CITY; RETAINING AUTHORITY TO REGULATE RATES; PROVIDING FOR FRANCHISE PAYMENTS, AND PROVIDING FOR SEVERABILITY. WHEREAS, Waste Express, Inc. ( the "Company") has requested a franchise to operate commercial closed container garbage collection service within the City of Beaumont, Texas ( the "City" ) ; and, WHEREAS, the City desires to grant such franchise; NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1 . Grant of Authority There is hereby granted by the City to Waste Express, Inc. the right and privilege to operate and maintain within the City a commercial closed container garbage collection service ( the "service" ) . For purposes of this franchise, the term "commercial closed container garbage collection service" means the regular collection of garbage from enclosed, mechanically-emptied "dumpster" type containers from locations in the City other than single-family residences, and the disposal of such material in accordance with law. The franchise granted herein is nonexclusive, and franchises may be granted to other persons for service. Section 2. Term of Franchise The franchise herein granted shall take effect and be in force sixty ( 60) days after the f inal passage hereof as required by law and upon the filing by the Company of an acceptance with the City Clerk , and shall continue in force and effect for a term of five (5) years thereafter. The acceptance required hereunder must be in writing and filed with the City Clerk within thirty ( 30) days after f inal passage hereof. Section 3. Rates The Company shall establish rates for service which are uniform as to customer class based upon such criteria as container size, frequency of collection, and distance of travel. The Company shall file its initial rates for service with its acceptance as required herein. Such rates shall, unless modified by the City, be effective with the effective date of this franchise. Any modification in rates by the Company shall first be filed with the City Clerk and City Attorney and shall be effective thirty days (30) after such filing unless modified by City as provided herein. Nothing herein shall prevent the Company from charging uniform rates which are less than the rates filed with the City. The City shall have the right to establish rates charged by Company for services performed hereunder, after notice and hearing. Rates established by the City shall be sufficient to allow the Company an opportunity to earn a reasonable return on its invested capital used in providing such services. 2 - Section 4. Franchise Fee The Company shall, pay to the City, on or before the fifteenth (15th) day of each month, a sum equal to f ive percent (5%) of the gross revenues received for service in the previous month as payment for the use of the City' s streets, alleys and rights-of-way. The payments herein provided do not relieve Company from the payment of ad valorem taxes, special assessments, charges, or other fees applicable to the public generally. City shall have the right at any reasonable time to audit the books and records of the Company and the Company is hereby required to make such books and records available at the request of City. The following reports shall be filed monthly with the City Manager or his designee, along with the street rental payment required herein: 1) A listing of all new commercial accounts served, including customer name, address, frequency of pick-up, size of container or type of service and charge for same. 2) Names and addresses of commercial customers dropped from service for any reason and the reason, if available, that such customer was dropped from service. 3) A statement under oath of all revenues derived from commercial closed container garbage collection services. 3 - 4 ) A listing of all vehicles used in providing service and all vehicles which have been added to or removed from providing such service. Such listing shall include state license number, year, make, model, and manufacturer's rated capacity for each vehicle. Section 5. Indemnity, Insurance and Bond The Company shall at all times during the effective period of this franchise, carry liability insurance as provided herein. The Company covenants and agrees at all times to indemnify and save harmless the City, its officers, agents, employees, and any member of the public against any and all injuries, damages, claims, causes _. of action or loss of compensation arising or resulting from Company' s operations under this franchise, whether or not such loss was caused by the negligence of the City, its agents, servants or employees. Upon notice given Company by City, Company must defend at its own expense, any action or suit brought against the City because of any work or other acts done by the Company under the terms of this franchise. Counsel chosen by Company to defend City must be satisfactory to City. Company will pay any final judgment which might be obtained against City by reason of any work or acts done hereunder by Company , its agents, servants or employees, and Company will pay all damages occurring to any person or property, public or private, resulting from any fault or neglect on its part or on the part of its agents or employees. 4 _ The Company agrees to carry insurance as follows: 1) Workers Compensation The Company shall furnish the City Clerk a certificate of insurance indicating workers compensation coverage as required by the State of Texas. 2) Automobile Liability Insurance The Company shall carry in its own name, a policy in comprehensive form to insure the automobile liability of its operation with limits of not less than $1 ,000,000 per occurrence for bodily injury and, in addition, not less than $100,000 property damage. This policy shall name City as an additional insured and provide for thirty ( 30) days notice to City prior to cancellation. A certificate of insurance certifying such coverage shall be filed with the City Clerk before the effective date of this franchise, and it shall be maintained in force during the term of the franchise. 3) General Liability The Company shall carry , in its own name, a comprehensive liability insurance policy including contractual coverage 5 _ for operations other than automobile with limits of not less than $1 ,000,000 per occurrence for bodily injury , and $100,000 per occurrence for property damage. The policy shall name the City as a named insured and provide for thirty ( 30`) days notice to City prior to cancellation. A certificate of insurance certifying such coverage shall be filed with the City Clerk before the effective date of this franchise and maintained in force during the term of the franchise. 4) Performance Bond The Company shall furnish a performance bond for the faithful performance of all provisions of this franchise, said performance bond to be executed by a responsible surety company authorized to do business in the State of Texas and be in the amount of $500,000.00. Said performance bond, payable to the City, shall be furnished by the Company and remain in force during the entire term of the franchise, and shall indemnify the City against any loss resulting from any failure of performance by the Company 6 - under this franchise. Said bond shall be approved by the" City Attorney and filed with the City Clerk before the effective date of this franchise. Section 6 . Compliance with Laws and Ordinances The Company shall at all times during the term of this franchise, be subject to all lawful exercise of police power by the City and to such reasonable regulations as the City shall hereafter by ordinance provide. In addition, the Company will observe all city, county, state and federal laws regulating the collection and disposal of garbage and trash. Section 7 . Service Standard and Equipment The Company shall maintain and operate its collection system and equipment in good order to render efficient service subject to'' the terms of this franchise. The Company shall obtain and maintain in good working order sufficient equipment to provide regular service throughout the City of Beaumont. The trucks used in the collection of garbage or refuse shall be all metal, water tight, and shall be equipped with closed bodies equipped with hydraulically operated devices for compacting collected garbage and meet all federal and state laws and regulations. Collection vehicles and all containers shall be painted and numbered and shall have the Company' s name and telephone number painted in letters of a contrasting color. All vehicles and containers shall be kept in a clean and sanitary 7 - condition and all vehicles shall be cleaned inside and outside at least once each week. Section 8 . Providing Service The Company shall provide service to any person, f irm, corporation, association or entity inside the City of Beaumont who requests such service .and is not delinquent in the payment of collection charges due the Company. Section 9. Of f ice The Company shall establish and maintain an office with telephone service and shall keep said office open for business from 9: 00 a.m. to 5:00 p.m. each and every day except Saturday, Sunday and holidays which are recognized by the City for its general employees. Section 10. Interruption of Service In the event that service shall be interrupted for any reason for more than forty-eight ( 48) hours, the City shall have the right to make temporary independent arrangements for the purposes of continuing this necessary service to its residents in order to provide or protect the public health and safety. If the interruption in service mentioned herein continues for a period of seventy-two (72) hours, then the City shall have the right to terminate the rights and privileges granted in this franchise. 8 - Section 11. Termination In the event that any provision of this franchise is violated by the Company , the City may serve written notice upon the Company and the surety of its intention to terminate this franchise. The . notice shall contain the reasons for such intention to terminate the franchise. unless within ten (10) days after mailing such notice by City to the Company, such violation shall cease, or satisfactory arrangements for correction be made by Company, the City Council may, after a public hearing in which Company is provided an opportunity to present evidence concerning such violation, by motion duly adopted, declare the franchise terminated and serve written notice upon the Company and surety of the termination and the termination of the franchise shall be effective upon the mailing of such notice. In the event of any such termination, the surety shall have the right to take over and perform under the franchise, provided, however, that if the surety does not commence performance thereof by the effective .date of termination of the franchise, or if the Company refuses to continue the work , or any portion thereof, prior to the effective date of termination of the franchise, the City may take over the work or portion thereof and prosecute the same, by contract, franchise or otherwise, for the account and at the expense of the Company . .Company and it' s surety shall be liable to the City for any excess costs, expenses, and revenues occasioned by the City taking over service, and in such event, the City may take possession and utilize in prosecuting the work, such appliances, equipment and sites as may 9 - have been used by the Company and are necessary therefor. After issuance by the City of i%s notice of intention tq terminate the franchise, the Company shall not remove from City any of its equipment normally used in the prosecution of the work until arrangements to continue the work, by contract, by surety or otherwise, have been completed by the City. Section 12. First Option to Purchase Equipment Time for Exercising Option. Within sixty ( 60) days after notice of termination of this franchise by either party or within sixty ( 60) days prior to expiration of this franchise term or any subsequent renewal term, the City and Company hereby agree that the City shall have the first option to purchase from the Company or the City shall have the option to provide for the purchase by a subsequent provider of service all or part of Company' s refuse collection vehicles and equipment used in the performance of this franchise. However, the City shall not be required to exercise this option. The purchase price shall be the fair market value or at a value agreed upon by the City Council and the Company in writing. Fair Market Value. The fair market value shall be the appraised market value as determined by a board of three ( 3 ) qualified appraisers of truck equipment none of whom shall be employees of the City or the Company , one to be selected by the Company , one to be selected by the City, and a third to be selected by the other two appraisers. The opinion of the majority of the board as to the market value of each collection vehicle shall be 10 - i final and! shall establish the amount for each vehicle which the City shall pay therefor. ' Appraisers Fees. The charges for service by the appraiser for the City shall be borne by the City and the charge for services by the appraiser selected by the Company shall be borne by the Company. The charge for services by the third appraiser shall be borne equally by the City and the Company. Asl referred to herein, charge for services refers only to the actual charge for appraisals and the City shall not be responsible for any costs for travel or subsistence for either the appraiser for Company or'I the third appraiser if such are selected from outside Jefferson County. if no Agreement as to Fair Market ValueAgreement as to Fair Market Value. If on the expiration'I date of the contract for any reason the appraised value of the vehicles shall not have been determined, the City shall be entitled t� immediate possession and use of said vehicles and the Company shl 11 immediately surrender possession of the same to the City. The, City agrees to pay the Company a fair rental value for use of the vehicles. The fair rental value shall be based on the actual average da ly maintenance and operating cost for each vehicle during the twelve months previous to the expiration date of the contract, and is not to include any initial or depreciation costs. Should any collection vehicle used in the performance of the contract O d to be purchased by the City not be fully paid for and the City 0 ould make payments as due on any collection vehicle, then all amounts, both for payments and interest, paid by the City shall - 11 - be deducted from the total price due the Company for the purchase of such vehicle. Titles to Collection Vehicles. The Company agrees to deliver to the City good and sufficient title to such collection vehicles upon receiving payment as determined by the aforesaid appraisal and to pay all attorney' s fees and charge for transferring titles. Section 13. Subordination Agreement Company agrees to make any lien on the equipment of Company in providing service subordinate to the rights of City under this franchise. Section 14. Transfer of Franchise Rights Franchise rights granted hereunder shall not be transfered to another without the approval of City. A single transfer or a series of transfers- of Company's stock which constitute a transfer of a majority interest in Company is subject to the prior approval of City. Section 15. Notices Where written notices are provided for in this ordinance, same shall be sufficient to notify Company when provided by certified mail to the address furnished by Company to City. Notice to City is sufficient if mailed by certified mail to p. O. Box 3827, Beaumont, Texas 77704. I 12 - Section 16. If any section, sentence, clause, paragraph or phrase of this ordinance other than Section 4 is for any reason held to be invalid or illegal, such invalidity shall not effect the remaining portions of this ordinance. If Section 4 hereof is held to be invalid for any reason, the ordinance shall be immediately invalid. Section 17. It is agreed by City and Company that venue of any legal proceedings under this franchise contract shall be at Jefferson County, Texas. Section 18. Vehicle Permits In order to facilitate identification of those vehicles which .are providing service inside the city limits, the following permitting procedure shall be followed: 1 . Twenty ( 20) days prior to the beginning date of this franchise and annually thereafter on January 1 of each year, the Company shall furnish to City a list of all vehicles providing service that will be using the City' s landfill site for disposal. Such list shall identify which vehicles provide service only from inside the city limits and which vehicles provide any service from outside the city limits. 2. City will provide an identification permit to be affixed to the vehicle as directed by City. The annual permit fee shall be $10.00 per vehicle. This fee is in addition to any other fees or charges for disposal at the municipal landfill. 13 - 3 . The Director of Urban Transportation shall administer the permit procedure. 4 . Failure to comply with this provision or to falsify the information concerning the location of the service of the vehicle shall be a material breach of this franchise. Should City decide not to terminate this franchise because of any violation of this Section, Company' s disposal fee at City's landfill shall be doubled for all of Company' s vehicles for a period of sixty ( 60) days. PASSED BY THE CITY COUNCIL of the City of Beaumont of first reading this the day of , 19 PASSED BY THE CITY COUNCIL of the City of Beaumont on second reading this the day of , 19 PASSED BY THE CITY COUNCIL of the City of Beaumont this the day of , 19 - Mayor - ACCEPTANCE: REM WASTE CONTROL, INC. By: 14 - 3. The Director of Urban Transportation shall administer the permit procedure. 4. Failure to comply with this provision or to falsify the information concerning the location of the service of the vehicle shall be a material breach of this franchise. Should City decide not to terminate this franchise because of any violation of this Section, Company's disposal fee at City' s landfill shall be doubled for all of Company's vehicles for a period of sixty (60) days. PASSED BY THE CITY COUNCIL of the City of Beaumont of first reading this the day of , 19 PASSED BY THE CITY COUNCIL of the City of Beaumont on second reading this the day of It 19 PASSED BY THE CITY COUNCIL of the City of Beaumont this the day of 19 - Mayor - ACCEPTANCE: BROWNING FERRIS INDUSTRIES, INC. By: 14 - 3. The Director of Urban Transportation shall permit administer the procedure. 4. Failure to comply P y with this provision or to falsify the information concerning the location of the service o shall be a material breach of this franchise f the vehicle • Should City decide not to terminate this franchise because of any violation of Company's this Section, disposal fee at City's landfill shall be doubled for a Company's vehicles fora 11 of period of sixty (6 p) days. PASSED BY THE CITY COUNCIL of the City of Beaumont of firs reading this the t day of 19 . PASSED BY THE CITY COUNCIL of the City of Beaumont on second reading this the day of 19 PASSED BY THE CITY COUNCIL of the City of Beaumont this the day of 19 . - - ACCEPTANCE: Mayor WASTE EXPRESS, I NC. By: 14 - 6. December 2, 1983 Council Letter 179 Honorable Mayor and Members of City Council Subject: Amendment to Franchise Requirement On October 4th, the Council adopted an ordinance making it unlawful for any person or business to offer commercial closed container refuse collection service in Beaumont without first obtaining a franchise from the City. The - effective date was set as January 1, 1984. An amendatory ordinance will be presented Tuesday changing the effective date to a date 60 days after final action on the three pending franchise ordinances on Tuesday's agenda for third and final reading. The new date, February 6th, would be the earliest that an effective franchise could be obtained to satisfy the ordinance re- quirements. Firms currently engaged in closed container collections would thus be allowed to continue providing the service in the meantime. It is recommended that this amendatory ordinance be adopted. Karl Nollenberger City Manager + AGEMDA FM N0� ORDINANCE NA: ENTITLED AN ORDINANCE AMENDING ORDINANCE 83-128 TO CHANGE THE EFFECTIVE DATE. WHEREAS, on October 4 , 1983, Ordinance 83-128 was passed making it unlawful for any person, partnership, association or corporation to provide commercial closed container garbage collection service in the city without obtaining a franchise; and, WHEREAS, Ordinance 83-128 was to be and become effective from and after January 1 , 1984; and, WHEREAS, the effective date of such ordinance should be amended so that such ordinance is effective from and after February 6 , 1984 ; NOW , THEREFORE BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1 . That Ordinance 83-128 be, and the same is hereby , amended -•hange Section 4 , the effective date provision, to read as follows: Section 4 This ordinance shall be and become effective from-- and after February 6 , 1984. PASSED BY THE CITY COUNCIL of the City of Beaumont this the day of _, 1983. - - Mayor - 7. December 2, 1983 Council Letter 177 Honorable Mayor and Members of City Council Subject: Franklin Street Rezoning Study At the November 21, 1983 joint public hearing held by the Planning Commission and City Council ,' the Planning staff reviewed the Franklin Street Rezoning Study. The study begins at Victoria Street and extends south to Avenue G. A 150-foot strip on the east and west sides of Franklin composes the bulk of the study area. Existing zoning is R-3 (Modified Two Family and Multiple Dwelling) and was originally zoned in 1955. The predominant land use is single family residential with some apartment houses. In general , only two retail locations are within the study: Avenue C to Avenue D and Orange Street to Avenue A. A Western Union office would become a non-conforming use. The comprehensive plan designates the area as a Conservation and Re- vitalization Area. Based on exhibited land uses, the Planning staff recommended RM-H (Residential Multiple Family-High Density) in Area I, other than the one and one-half blocks at the easternmost corner. Retail uses from Avenue C to D would be- come non-conforming. Area II would be zoned NC (Neighborhood Commercial ) and includes the easternmost properties from Orange to Avenue A. This con- centration of retail serves as a transition from the GC-MD (General Commer- cial-Multiple Dwelling) district at its eastern border. A total of 56 notices were sent to property owners within the study area and 4 responses, aTl negative, were returned. There were 93 notices sent to property with- in 200 feet of the study and seven were returned, three positive and four opposed. The Planning Commission recommended approval of the RM-H (Residential Multiple Family-High Density) zoning for Area I and NC (Neighborhood Commercial ) for Area II by a vote of 6 to 0. It is recommended that Council approve this rezoning study. Karl Nollenberger City Manager TO: Planning Commission and City Council FROM: Planning Department SUBJECT: Franklin Street Rezoning Study; scheduled for joint public hearing on November 21, 1983. * STAFF REPORT GENERAL INFORMATION FRANKLIN STREET REZONING STUDY The study begins at Victoria Street and extends south to Avenue G. A .150 foot strip on the east and west sides of Franklin composes the bulk of the study area. Existing zoning is R-3 ; this is original zoning from 1955. Predominant land use is single family residential and some apartment houses. In general only two retail locations are within the study: Avenue C to Avenue D and Orange Street to Avenue A. A Western Union office would become a non- conforming use. The comprehensive plan indicates the area as a Conservation and Revitalization Area. Existing Zoning R-3 (Modified Two Family and Multiple Dwelling) _ Surrounding Zoning and Land Use north: GC-MD and LI , commercial south: RM-H, residential east: RM-H, residential west: RM-H, residential Comprehensive Plan Conservation and Revitalization SPECIAL INFORMATION Utilities A 6 inch water line is in Franklin. Streets Franklin is a local residential street having a 60-foot right- of-way and 30-foot pavement. Fire Protection Station #1, 875 College ANALYSIS - A land use inventory of the study area shows that the predomi- nant land use is residential single family and a few apartment houses. Franklin Street Rezoning Study Page 2 ANALYSIS - Two retail blocks are a part of the study: Victoria to Avenue A..and Avenue C to Avenue D. - Information in the department indicates that commercial uses between Avenue B and Avenue C are prior non-conforming uses. RECOMMENDATION Based on exhibited land uses the staff recommends the following: - Area 1: RM-H - All of the study area other than the 11 blocks at the easternmost corner. Predominantly residential uses. Retail uses from Avenue C to D would become non-conforming. - Area 2: NC - The easternmost properties from Orange to Avenue A. This concentration of retail serves as a transition from the GC-MD district at its eastern border. PUBLIC NOTIFICATION AND RESPONSE Notices to property owners in study boundaries 56 Notices to property owners within 200 feet of study 93 TO:, City Council FROM: Planning Department CT• Summary of Planning Commission on Franklin Street SUBJE Study; November 21, Rezoning GENERAL INFORMATION - stud begins at Victoria Street andideseofsFranklinocomposesG• The Y 150-foot strip on the east and west s is R-3 ; this is e bulk of the study area. Existing zoning ily -i final zoning from 1955. Predominant land use isonlygtwof retail original residential and some apartment houses.venue C to Avenue D and Orange locations are within the study: Street to Avenue A. A Western Union eo plan office indicates btheoarea asna conforming use. The comprehens P Conservation and Revitalization Area. PLANNING STAFF RECOMMENDATION Based on exhibited land uses , the staff recommended the following: Area 1• RM-H - All of the- study Predominantly residential luses . a►t the•easternmost corner. Predomi Y Retail uses from Avenue C to D would become non-conforming. Area 2: NC - the easternmost Properties from Orange to Avenue A. Th- concentration of retail serves as a transition from The GC-MD district at its eastern border. PLANNING C014MISSION RECOMMENDATION The Planning recommended approval of RM-H zoning for Area 1 and NC for Area 2 by a vote of 6 to 0. PUBLIC NOTIFICATION AND RESPONSE 56 Notices to property owners in study boundaries 0 Responses in favor of proposal 4 Responses opposed to proposal 93 Notices to property owners within 200 feet of study 3 Responses in favor of proposal 4 Responses opposed to proposal 40 F do 41 Of FRANKLIN ST. REZONING STUDY '♦ - ♦ ` ~ �:.• YC AREA 1: Currently R-3 I • I ♦ , ^'. / •' /. ;� I Proposed RM-H ` . � �, �� , , •' ' , Y " r r. 0, •' , ` AREA 2 : Currently R-3 ' • •• - ,. ,, r I ,�'� / ♦ Proposed NC . /t•• L , , • • I ! I • % 'r• • • ' '• V / a to a • • 0 /0- If R ev a v t • • / . 100" _ . AGOG y A IT LEI NO 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, CHANGING THE I TO NC TWO FAMILY COMMERCIAL) DISTRICT AND RM-H (RESIDENTIAL OPROPERTY E DWELLING - HIGH DENSITY) DISTRICT DESCRIBED AS THE FRANKLIN STREET REZONING STUDY; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING FOR 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 30-5B thereof, is hereby amended by changing the zoning classification from R-3 (Modified Two Family and Multiple Dwelling) District to NC (Neighborhood Commercial) and RM-H (Residential Multiple Dwelling - High Density) District for an area 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. t _ ct ion 3. clause or phrase That if any section, subsection, sentence, i application of same to a particular set of of this ordinance, or the reason be held to be should for any persons or circumstances, ortions of invalid, such invalidity shall not affect the remaining P this ordina nce, 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• of Beaumont this the PASSED BY THE CITY COUNCIL of the City 19_____ day of - Mayor - 2 - 8. December 2, 1983 Council Letter 173 Honorable Mayor and Members of City Council Subject: Request for Zoning Change and Specific Use Permit at 9925 Old Voth Road A request by T.W. Atwood for a zoning change from RS (Residential Single Family) to RM-H (Residential Multiple Family-High Density) and a Specific Use Permit for property at 9925 Old Voth Road was reviewed at the joint public hearing of the Planning Commission and the City Council on November 21, 1983. The Planning staff recommended denial of the request because it is contrary to land use principles which state that high density multi-family land uses should be located only along major arterials and not originate in mid-block; the request is contrary to the City's Comprehensive Land Use Plan; and the request fails to meet two of the eight conditions necessary for approval of a Specific Use Permit. Eleven notices were mailed to property owners and one response was received in favor. The Planning Commission recommended denial of the request by a vote of 6 to 0. It is recommended that this request be denied. l i1 `I V Karl Nollenberger City Manager TO: Planning Commission'and City Council FROM: Planning Department SUBJECT: Request for zone change from RS to RM-H and a specific use permit to operate a beauty shop on property located at 9925 Voth Road; scheduled for joint public hearing on November 21, 1983. * STAFF REPORT GENERAL INFORMATION Q Q 9O_Z/P _ Applicant — T. W. Atwo.od Status cif Applicant property owner Requested Action zone change from RS to RM-H (Residential Multiple Family - High Density) and specific use permit for beauty shop Existing Zoning RS (Residential Single Family) Location 9925 Old Voth Road Size 196 x 250, 1. 1 acres Existing Land Use residential Surrounding Zoning and Land Use north - RS, residential east - RS (across Old Voth Rd) , vacant south - RS, vacant (GSU power line easement) west - RS, vacant Physical Features entire tract measures 196 x 1875 (8. 37 acres) Comprehensive Plan Stable Area SPECIAL INFORMATION Public Utilities Sanitary Sewer: 10 inch line Storm Drainage: open ditches north to. Pine Island Bayou Water: 16 inch line 890-Z/P RS to RM-H and SUP Page 2 SPECIAL INFORMATION (cont'd) ` Streets Old Voth Road is designated as a residential collector and has a 60-foot right-of-way and 18-foot pavement. Fire Protection Station #8 , 6297 Highway 105 ZONE CHANGE: ANALYSIS - Surrounding land use is entirely low density single family uses. - The request is contrary to land use principles which state that high density multi-family land uses should be located along major arterials and not originate in mid-block. - An approved zone change will generate similar requests in the future in order that compatibility of land uses can be maintained. - The request would constitute "spot zoning" in that it grants a privilege or right to use a piece of property in a more intense manner than is being granted similar properties in the same vic -nity. The request is not in accordance with the comprehensive plan. RECO s-RTDATION The staff recommends denial of the request. The request is based on: - the site is contrary to land use principles which state that high density multi-family should be on major arterials; - the request is contrary to the comprehensive plan. -SUP : ANALYSIS See Specific Use Permit Review. 890-z/P RS to RM-H and SUP Page 3 RECOMMENDATION VA Based on Thep tisfied, the proposed osed use fails to satisfy Conditions 1 and 8. that all eight conditions must be sa the requirement staff recommends denial. PUBLIC NOTIFICATION AND RESPONSE Notices Mailed to Property owners 11 Responses in Favor of Request Responses Opposed to Request SPE=CIFIC USE PERMIT REVIEW 890-Z/P ORDINANCE REQUIREMENTS PROPOSAL 1. Description pf processes and----=------- beauty shop, one employee activities. 2. Boundaries of area covered by site------ eastern 196 x 250 ' , Tract plan with dimensions. 65, W. B. Dyches Survey, Abstract 17 3. Existing and proposed building locations with: - number of stories; ----------- ------ one - height; ------------------------------ 15 gross floor area; --------------- --- 12 x 24, modular building entrances and exits. ----------------- from Old Voth Road 4. Existing drainage locations and --------- to open ditches in Old Voth direction of flow. Road 5. Proposed landscaping and screening ------ no proposal I buffers. 6. Location and dimensions of: - curb cuts (existing and proposed) #----one at 20 feet - public and private streets, showing --Old Voth Road: 60 ' row rights-of-way widths; narking and loading areas;------------parking in rear of residence pedestrian walks; --------------------none -- exterior lighting; -------------------no Proposal trash' storage locations; -------------normal residential collec- tion 7. Fences or screening provisions ----------none showing location, type and height. 8. Sign height, location and dimensions.----none 890-Z/P COMMONS FOR APPROVAL; A Specific Use Permit shall be issued only if aTl of the following conditions have been found: • Ik 1) That the specific use will be compatible with and not injurious to the use and enjoyment of other property, nor significantly diminish or impair property values within the immediate vicinity; Zone change to RM-H will place surrounding property owners at a disadvantage. Future development of RS properties is impaired until zoning pattern is made compatible. 2) That the establishment of the specific use will not impede the normal and orderly development and improvement of surrounding vacant property; The zoning change to RM-H will require future zone -changes. Vacant RS property east of Old Voth Road will require similar or less restrictive district. 3) That adequate utilities, access road, drainage and other necessary supporting facilities have been or will be provided; Existing utilities are adequate for service. 4) The design, location and arrangement of all driveways and parking spaces provides for the safe and convenience movement of vehicular and pedestrian traffic without adversely affecting the general public or adjacent developments; Driveways and parking are adequate. 5) That adequate nuisance prevention measures have been or will be taken to prevent or control offensive odor, fumes, dust, noise and vibration; Proposed use will generate none of the five environmental nuisances. 6) That directional lighting will..be provided so as not to disturb or ad- versely affect neighboring properties; Proposal has no exterior lighting. 7) That there are sufficient landscaping and screening to insure harmony and compatibility with adjacent property; No additional landscaping proposed. Property is heavily wooded. 8) That the proposed use is in accordance with the comprehensive plan; The request is not in accordance with the comprehensive plan. TO: City Council FROM: Planning Department SUBJECT: Summary of Planning Commission action on request for zone change from RS to RM-H and a specific use permit to operate a beauty shop on property located at 9925 Voth Road (890-Z/P) ; November 21, 1983. GENERAL INFORMATION Applic-ant T. W. Atwood Requc:,:2d Action zone change from RS (Residential Single Family) to RM-H (Resi- dential Multiple Family - High Density) and specific use permit for beauty shop Location 9925 Old Voth Road Size 196 x 250 , 1. 1 acres PLANNING STAFF RECOMMENDATION The staff recommended denial of the request for a zone change on the1 --jasis that the site is contrary to land use principles which statl, , that high density multi-family should be on major arterials and -the request is contrary to the comprehensive plan. In addition, the -staff recommended denial of the specific use permit on the bass that it failed to satisfy Conditions 1 and 8. PLANNING COMMISSION RECOMMENDATION The Planning Commission recommended denial of the request by a vote of 6 to 0. .PUBLIC NOTIFICATION AND RESPONSE Notices Mailed to Property Owners 11 Responses in. Favor of Request 1 Responses Opposed to Request 0 FILE 890-Z/P. REQUEST FOR ZONE CHANGE RS TO RM-H AND A S.U.P. FOR A BEAUTY ,s es uro SHOP LOCATED 9925 OLD VOTH ROAD. r I APPLICANT: T. W. ATWOOD I n HURLEY 1/2 0 0 ,A x ,� C c : w V• CD CD CD to 233' k RS subject a C o v r MD O ' RS 0 - a s 0 . I AGES �' F NO. 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 FROM RS (RESIDENTIAL SINGLE FAMILY) DISTRICT TO RM-H (RESIDENTIAL MULTIPLE DWELLING - HIGH DENSITY) DISTRICT ON PROPERTY LOCATED AT 9925 OLD VOTH ROAD; PROVIDING FOR SEVERABI-LITY; 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 30-5B thereof, is hereby amended by changing the zoning classification from RS (Residential Single Family) District to RM-H (Residential Multiple Dwelling - High Density) District on property 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 3.0 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 i any reas�i be held to be should f°r portions ° circumstances► not affect the remaining p persons or and provisions invalidity shall portions invalid, such various ordinance, and to such end the this re declared to be severable. of this ordinance a Section 4 • conflict s or p of ordinances in That all ordinance arts the conflict only - herewith repealed to the extent of herewith are $ection 5 • of this on who violates any provision That any pets pun as provided in Section ce shall, upon conviction, be p Texas. ordinance of Beaumont, this the 1_8 of the Code of Ordinances the City of Beaumont ASSED By THE CITY COUNCIL of p 19� —• day of Mayor - � r 2 NO '�-• ORDINANCE NO. ENTITLED AN ORDINANCE ISSUING A SPECIFIC USE PERMIT FOR A BEAUTY SHOP ON PROPERTY LOCATED AT 9925 OLD VOTH ROAD. WHEREAS, the Planning and zoning Commission of the City of Beaumont considered the issuance of a specific use permit for a beauty shop on property located at 9925 Old Voth Road, Beaumont, Jefferson County, Texas to T . W. Atwood, owner, his legal representatives, successors, and assigns for that certain property hereinafter described; 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 all conditions necessary for issuance of a specific use permit have been met and the specific use permit for a beauty shop on property located at 9925 Old Voth Road, Beaumont, Jefferson County, Texas, in accordance with Section 30-26 and Section 30-40 of the Code of Ordinances of the City of Beaumont, as amended, is hereby granted to T . W. Atwood, owner, his legal representatives, successors and assigns for that certain tract 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. PASSED BY THE CITY COUNCIL of the City of Beaumont this the day of ' 19 Mayor - 2 - 9. December 2, 1983 Council Letter 184 Honorable Mayor and Members of City Council Subject: Request for Zone Change at 2876 Kitchner The request for a zone change from GC-MD (General Commercial-Multiple Dwelling) to RS (Residential Single Family) for property located at 2876 Kitchner was considered on November 21, 1983, at a joint public hearing of the Planning Commission and City Council . The applicant, Elvinia Mahoney, intends to con- _ struct a new single family residence at this location. The Planning Department staff recommended approval of the request and the Planning Commission unanimously approved the request. It is recommended that the request be approved. y�� r Karl Nollenberger U City Manager TO: Planning Commission and City Council FROM: Planning Department SUBJECT: Request for zone change from GC-MD to RS on property located at 2876 Kitchner; scheduled for joint public hearing on November 21, 1983. * STAFF REPORT GENERAL INFORMATION 893-Z_. Applicant Elvinia Mahoney Status of Applicant property owner Requested Action zone change from GC-MD to RS (Residential Single Family) Representative Uses in RS single family dwellings, golf courses, membership recreation clubs, cluster housing, mobile home park (with specific use permit) Purpose construct new single family residence Existing Zoning GC-MD (General Commercial - Multiple Dwelling) Locat on 2876 Kitchner Size 124 x 113. 5, 0. 2 acre Existing Land Use vacant Surrounding Zoning and Land Use north - GC-MD, vacant east - GC-MD, vacant south - GC-MD, residential west - (across Kitchner) GC-MD, vacant Physical Features property exceeds minimum RS lot size Comprehensive Plan Stable Area Page 893-Z GC-MD to RS Page 2 SPECIAL INFORMATION Public Utilities Sanitary Sewer: 6 inch line Storm Drainage: open ditch to north Water: 6 inch line Streets Kitchner is designated as a local street and has a 40-font right-of-way and 14-foot pave- ment. Fire Protection Station #2, Wilson and Ironton ANALYSIS Surrounding land uses demonstrate that existing GC-MD zoning is inappropriate at the subject location. The request will create no adverse effects on surrounding land owners. The request is in accordance with the comprehensive plan. Kitchner is a local street with no commercial uses. RECOMMENDATION r The staff recommends approval of the request. The recommendation is based on: - Kitchner is a local residential street; - surrounding land uses are contrary to GC-MD zoning; and - the request is in accordance with the comprehensive plan. PUBLIC NOTIFICATION AND RESPONSE Notices Mailed to Property Owners 17 Responses in Favor of Request Responses Opposed to Request TO: City Council FROM: Planning Department SUBJECT: Summary of Planning Commission action on request for zone change from GC-MD to RS on property located at 2876 Kitchner (893-Z) ; November 21, 1983. GENERAL INFORMATION Applicant Elvinia Mahoney Requested Action zone change from GC-MD (General Commercial - Multiple Dwelling) to RS (Residential Single Family) Purpose construct new single family residence Location 2876 Kitchner Size 124 x 113. 5, 0. 2 acre PLANNING STAFF RECOMMENDATION = The staff recommended approval of the request on the basis that Kitchner is a local residential street, surrounding land uses are contrary to the GC-MD zoning and the request is in accordance with the comprehensive plan. PLANNING COMMISSION RECOMMENDATION The Planning Commission recommended approval of the request by a vote of 6 to 0. PUBLIC NOTIFICATION AND RESPONSE Notices Mailed to Property Owners - 17 Responses in Favor of Request 2 Responses Opposed to Request 1 FILE 893-Z. REOUEST FOR ZONE CHANGE GC-t1D TO RS DISTRICT LOCATED { 2 - _ 6,9 ce as • I 2876 KITCHNER.?I AOrR =L v DELAWARE t APPLICANT: ELVINIA MAHONEY j - — a ��° I I l I I I J t I I I •PO r♦ � w tat • to � I � I I � 11200 r a �p : -- O /J �• et �`'! N e1 ff I N /l q t/ t a I - 1 1----v D-S , 6LdS SHDUSIE • Jr "� 69 39 90 N I i e► 11 OO IO i(O1 T pr R b t! R rl R N .w ` 1 I I t I i 1 I l ! I $ ,I t J 1 J 6 r li � I . ;I JJ f l I ; Q 7Y 3/ sd �J 7V�}l �. I e, N ,: I 'a , . lea lI dC r, .101 - � 50 Ar _ f ; Gl:� D, i . J I subjedt ;�- a s. �� r�tf• \ APO � � _ � O � W m � — tC- \ t e04 •O�I \ ! ROAD. 0 CO ' f V NO- 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 FROM GC-MD (GENERAL COMMERCIAL - MULTIPLE DWELLING) DISTRICT TO RS (RESIDENTIAL SINGLE FAMILY) DISTRICT ON PROPERTY LOCATED AT 2876 KITCHNER; 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 30-5B thereof, is hereby amended by changing the zoning classification from GC-MD (General Commercial - Multiple Dwelling) District to RS (Residential Single Family) District on property located at 2876 Kitchner, 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 regul-ations 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 day of 19 Mayor - doom - 2 - 10. December 2, 1983 Council Letter 171 Honorable Mayor and Members of City Council Subject: Request for Zone Change on East Side of Major Drive A request from Karl Kohler for a zone change from RS (Residential Single Family) to RM-H (Residential Multiple Family High-Density) for property located 1,300 feet south of Gladys on the east side of Major Drive was re- viewed at the joint public hearing of the Planning Commission and City Council on November 21, 1983. The Planning staff recommended approval of the request on the basis that the request is consistent with land use principles for locating high-density multiple family zoning on major arterials; utilities are adequate, and the request is consistent with the Comprehensive Plan. One response opposed to the request was received out of the 13 notices mailed to property owners. The Planning Commission recommended approval of the request by a vote of 5 to 0. It is recommended that this request be approved. a-"-k 1 otu Karl Nollenberger City Manager TO: Planning Commission and City Council FROM: Planning Department SUBJECT: Request for zone change from RS to RM-H for property located 1300 feet south of Gladys on the east side of Major Drive; scheduled for joint public hearing on November 21, 1983. * STAFF REPORT GENERAL INFORMATION 896-Z Applicant Carl Kohler Status of Applicant engineer for owner, Sam C. Parigi , Jr. Requested Action zone change from RS to RM-H (Residential Multiple Family- High Density) Representative Uses in RM-H single family dwellings, two family dwellings , multi- family dwellings, cluster housing, home occupations Purpose apartment development Existing Zoning RS (Residential Single Family) Location 1300 feet south of Gladys on the east side of Major Drive Size 6. 9 acres (250 x 1200) Existing Land Use vacant Surrounding Zoning and_Land Use north - RM-H, townhomes east - RS, 75-foot drainage ditch south - RS, single family west - (across Major) RM-H; apartments Physical Features eastern boundary is drainage easement Comprehensive Plan Stable Area File 896-Z RS to RM-H Page 2 SPECIAL INFORMATION Sanitary Sewer: 54 inch line Public Utilities in Major Storm Drainage: to Drainage District #6 ditch on east Water: 24 inch line in Major Streets Major Drive is designated as _ a major arterial and has a30- 150-foot right-of-way foot pavement. Fire• Protection Station #9 , 7010 Gladys ANALYSIS The request is consistent with the land use principle which states that high density multi-family should be located along major streets. Existing utilities are adequate to support multi-family develop- ment. The subject property is bordered by RM-H zoning to the north ' and west. The request is in accordance with the comprehensive plan. RECOMMENDATION The staff recommends approval of the request. Approval is based on: the request is consistent with land use principles for locating high density multi-family on major arterials ; - utilities are adequate; and - the request is consistent with the comprehensive plan. PUBLIC NOTIFICATION AND RESPONSE FMailed to Property Owners 13 es in Favor of Request Responses Opposed to Request TO: City Council Planning Department FROM: action on request or of Planning C' RM-H on located • Summary g for property Drive SUBJECT• e. from RS to Rt side of Major zone Chang f Gladys on the east feet southo enber 21, 1983' ,,96-Z) ; GENERAL INFORMATION Carl Kohler Applicant a from RS (Resi- zone Chang le Family) to dential Sing Requested Action a (Residential Multiple Family - High Density) apartment development Purpose 1300 feet south of Gladys on Location the east side of Major Drive 6 .9 acres (250 x 1200) Size PLANNING STAFF RECOMMENDATION royal of the request on the basis that principles for locating The staff recommended approval arterials, utilities are plan. the request is consistent with use P the comprehensive p high density multi-f q uate, and the request is consistent with PLANNING COMMISSION RECONDATION royal of the request by a aPP The Planning Commission recommended vote of5to0. PUBLIC NOTIFICATION AND RESPONSE Notices Mailed to Property Owners 13 Request 0 Responses in Favor of Req 1 Responses Opposed to Request FILL 896-Z. REQUEST FOR ZONE CHANGE RS TO RTT7- ON PROPERTY LOCATED 1300 • -- FEET SO\ OF GLADYS ON-MAJOR-DR. - �_ PLLC NT;RP q CARL KOHLER _ � ; \ � .lf• ��' We•nsa. a..s t -- .. , •� I t / - - J1IO.f .J►w IN if NTS Ilu GLADYS \ I. . ••a '•' •l•O►/ 1•1-. 1 RM—HD,, 2 . D0VJLEt4 c;7 • \ 1 r � • a r � • � w � N � r � w w 1 urt.s � •.+rs GC—MD cc V • 1 I IfN1•.-Ir O ' _ GCMD \ Aa w•II. Iw .• � os 'wi a ± wC• \V• tv RM"H- RM9-.63 0 y .i... .w1•I /. I - w • 105t.29' ` N � p 3. i V-7 .. -• A O O , I. J n e. w •• I •. 11r H a Lu Y •I QII — ^ • N • � w f. II O O H r• � I. ... Z2.i �7 � 5 1 • op \ \ I I. II • r : •• • 1 1 , r I •,. SHENANDOAH « » •. •• \ h ` At 51WIL of It 411b NO �� ORDINANCE NO. f 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 FROM RS (RESIDENTIAL SINGLE FAMILY) TO RM-H (RESIDENTIAL MULTIPLE DWELLING - HIGH DENSITY) DISTRICT ON PROPERTY LOCATED ON THE EAST SIDE OF MAJOR DRIVE APPROXIMATELY 1300 FEET SOUTH OF GLADYS; 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 30-5B thereof , is hereby amended by changing the zoning classification from RS (Residential Single Family) District to RM-H (Residential Multiple Dwelling-High Density) District on property 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 this the day of 19 Mayor - - 2 - 14 11. December 2, 1983 Council Letter 183 Honorable Mayor and Members of City Council hange and a Specific Use Permit at 695 Chamber- Subject: Request for Zoning C lin he re uest for a zoning change from R-3 (Modifiend theFissuance lofpaeSpecific g) T 4 to GC-MD (General Commercial-Multiple Dwelling a Use Permit for property located at 695 Chamberlin was considered at a joint _ public hearing of the Planning Commission and the City Council on vember 21st. The applicant, John Palumbo, made the requests food sales warehouse. The Planning staff recommended approval of the zone change on the basis that GC-MD (General Commercial-Multiple Dwelling) will act as a buffer. The staff also recommended that the Specific Use Permit be approved as all the eight conditions required were met. The Planning Commission concurred in the recom- mendation of the requests. It is recommended that the requests be approved. Karl Nol 1 enberger City Manager r TO: Planning Commission and City Council FROM: Planning Department SUBJECT: Request for zone change from R-3 to GC-MD and a specific use permit to establish a snack food sales warehouse at 695 Chamberlin; scheduled for joint public hearing on November 21, 1983. * STAFF REPORT GENERAL INFORMATION V 9 V+Z/p Applar�nt John F. Palumbo Stag:= of Applicant prospective buyer Requested Action zone change from R-3 to GC-MD (General Commercial - Multiple Dwelling) and a specific use permit Purpose establish a snack food sales warehouse Existing Zoning R-3 (Modified Two Family and Multiple Dwelling) Locar;on 695 Chamberlin Size 100 x 399 , 0. 91 acres Existi:ig Land Use vacant Surrounding Zoning and Land Use north - R-3, commercial east - HI , scrap metal salvage yard south - GC-MD, commercial west - (across Chamberlin) R-3, ` single family residence Physical Features 100 feet of frontage Comprehensive Plan Stable Area SPECIAL INFORMATION Public Utilities Sanitary Sewer: 8 inch line Storm Drainage: open ditch in Chamberlin Water: 2 inch line 898-Z/P R-3 to GC-MD and SUP Page 2 SPECIAL INFORMATION (cont'd) Streets Chamberlin is designated as a local street and has a 60- foot right-of-way and 18-foot pavement. Fire Protection Station #6 , 1155 Glendale ZONE CHANGE: ANALYSIS - Although Chamberlin is a local street it carries commercial traffic from Maitland on the north and College on the south. This forces residential traffic from Chamberlin to be at a disadvantage. - Uses in a more restrictive district (RM-H, RM-M, RS) would suf- fer detrimental environmental effects (noise, fumes , vibrations) of light and heavy industrial uses to the east and north. - The eight R-3 zoned lots on Chamberlin exceed GC-MD minimum area requirement. - GC-MD zoning will allow development of commercial uses of a lesser intensity than those allowed in LI or HI districts. This is consistent with the comprehensive plan. - All of the other effects of commercial development are already present. A change to GC-MD would not have a marked change in existing use patterns. - The request for GC-MD is in accordance with the comprehensive plan. RECOMMENDATION The staff recommends approval of the request for GC-MD. Recommenda- tion is based on: - GC-MD will buffer land uses on Chamberlin; and - a change to GC-MD is consistent with the comprehensive plan. i • a��a—z/P R-3 to GC-MD and SUP Page 3 SUP: ANALYSIS See Specific Use. Permit Review. RECOMMENDATION Staff recommends approval of the specific use permit based on the applicant' s compliance with the eight conditions necessary for approval. PUBLIC NOTIFICATION AND RESPONSE Notices Mailed to Property Owners 11 Responses in Favor of Request. Responses Opposed to Request SPECIFIC USE PERMIT REVIEW 898-2;/P ORDINANCE REQUIREMENTS . PROPOSAL - office and warehouse for 1 Description of processes and--"'----- snack food distributor; activities. 3 salesmen; Monday-Friday, 7-8 a.m. and 1-3 p.m. area covered by site Lot 8 , Block 4 , Caldwood =B,'%�dwai ies of a Acres, 100 x 393, 0. 91 th dimensi ons. acre 3. Existing and proposed building locations with: one - number of stories; _______________ 14 feet height; ------------- -------------- 3000 sq. ft. �- gross floor area; -' __- __ -- from Chamberlin - entrances and exits. -'-"'---- r4 . Existing drainage locations and ---'-'- -- to open ditch in Chamberlin direction of flow. app i.cant s ows natural 5. Proposed landscaping and screening tree line on southern buffers. property line 6. Location and dimensions of: - curb cuts (existing and proposed) $" --two at 12' each - public and private streets, showing --Chamberlin: 60 ' right-of- rights-of-way widths; way; 181 pavement - narking and loading areas;------------ --- - parking for 6 cars __ none - pedestrian walks; - -' _____security light at front and -- exterior lighting; --- ---- rear - trash storage locations; -- _______none '7, Fences or screening provisions -- --none - showing location, type and height. 8. Sign height, location and dimensions.----none 898-Z/P CONDITIONS FOR APPROVAL: A Specific Use Permit shall b a 1 o e o lowing conditions have beep found; a issued only if 1) That the specific use will be compatible with and not inurious use and enjoyment of other property, nor significantly diminish or the impair property values within the -immediate vicinity; Surrounding residentially developed area will be partial buffered from HI use east of Chamberlin. partially will be considered for rezoning thin6 m months properties improve property values. - this will 2) That the establishment of the specific use will not impede and orderly development and improvement of surrounding vacante ropert Surrounding vacant T.ropert Property; effects. y. zoned GC-MD will feel no adverse Abutting lot to north is owned by applicant's seller. 3) That adequate utilities, access road, drainage and other n supporting facilities have been or will be provided; ecessary Existing utilities and drainage are adequate for proposed use. 4) The design, location and arrangement of all driveways and provides for the safe and convenient movement of vehicular pand�nedestria traffic without adversely affecting the general p pedestrian developments; public or adjacent Parking and driveway area meets requirements. 5) That adequate nuisance prevention measures have been or Will to prevent or control offensive odor, fumes, dust, noise and be tto None of the five environmental nuisances are associatedn; with the proposed use. 6) That directional lighting -will be provided s versely affect neighboring o as not to disturb or ad- properties; Security"lighting will be located above front and rear entrances. Neighboring properties will not be adversely versel Y 7) That there are sufficient landscaping and screenin compatibility with adjacent property; 9 to insure harmony and Proposed landscaped area shown on site plan is adequate for proposed use. q to 8) That the proposed use is in accordance with The request is in accordance with the hcomm plan; comprehensive ensive plan. TO: City Council ' FROM: Planning Department SUBJECT: Summary of Planning Commission action on request for zone change fa°snack food Csalesn specific to establish warehouse at 695 Chamber- lin (898-Z/P) ; November 21, 1983 GENERAL INFORMATION Applicant John F. Palumbo Rer,-Qsted Action, zone change from R-3 (Modified Two Family and Multiple Dwelling) to GC-MD (General Commercial - Multiple Dwelling) and a specific use permit to establish a snack food sales warehouse Location 695 Chamberlin Size 100 x 399 , 0.91 acres _^ PLANNING STAFF RECOMMENDATION The staff recommended approval of the request for GC-MD on 'the basis that GC-MD will buffer land uses on Chamberlin and a change to GC-MD is consistent with the comprehensive plan. Staff recommended approval of the specific use permit on the basis that the applicant- has complied with the eight conditions necessary for specific use permit approval. PLANNING COMMISSION RECOMMENDATION FThe tPlanning commission recommended approval of the request by a e of 5 to 0. PUBLIC NOTIFICATION AND RESPONSE Notices Mailed -to Property Owners 11 Responses in Favor of Request 2 Responses Opposed to Request 0 _ ALE 898-Z/P. REQUEST FOR ZONE ChkH , - AND A S.U.P. FOR A CFFIC r= • AND RETAIL WA REHOUSE LOCATED 695 CHAMBERLIN. APPLICANT; ANTHQNY F. PALUMB0 n 11/200 c 9 r /YEAH S T .eo ••• , •„N be • w0 .00 �0 60 .o .00 .00 �� • r w I j w0 .00 sc .c.11 L�or o , u f � c • ---------------- %-C `C / 1 y _ s .o0 4 "a `' subject , Off im m E v v � - J _ •,, 1 V r r w 3 sw wt ,+ if r j w IV' I we r s•„ �_ , COLLEGE t coc c6E sr .., �' ,. NO- ORDINANCE NO. ENTITLED AN ORDINANCE- AMENDING QHAPTER 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 FROM R-3 (MODIFIED TWO FAMILY AND MULTIPLE DWELLING) DISTRICT TO GC-MD (GENERAL COMMERCIAL - MULTIPLE DWELLING) DISTRICT ON PROPERTY LOCATED AT 695 CHAMBERLIN; 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 30-5B thereof, is hereby amended by changing the zoning classification from R-3 (Modified Two Family and Multiple Dwelling) District to GC-MD (General Commercial-Multiple Dwelling) District on pronP, 3,-y located at 695 Chamberlin, as shown on Exhibit "A" attached here-,-C, and made a part hereof for all purposes, and the official :>1- ' -inap of the City of Beaumont is hereby amended to reflect such chanyes. 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 ai-ty 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 ordinancc 0-hall, upon conviction, be punished as provided in Section 1-8 of -'a Code of Ordinances of Beaumont, Texas. PASSED BY THE CITY COUNCIL of the City of Beaumont this the day of 19 - Mayor - ' - 2 - ,..J'R-.FT-,_,t✓[�.�� ilk L... k_.. ft'' NO.--.-----'�`�--- i ORDINANCE NO. ENTITLED AN ORDINANCE ISSUING A SPECIFIC USE PERMIT TO ESTABLISH OFFICES AND A PRODUCT STORAGE WAREHOUSE ON PROPERTY LOCATED AT 695 CHAMBERLIN. WHEREAS, the Planning and Zoning Commission of the City of Beaumont considered the issuance of a specific use permit to establish offices and a product storage warehouse on property located at 695 Chamberlin, Beaumont, Jefferson County , Texas, to John F . Palumbo, purchaser, his legal representatives, successors, and assigns for that certain property hereinafter described; 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 all conditions necessary for issuance of a specific use permit have been met and a specific use permit to establish offices and a product storage warehouse- on .property located at 695 Chamberlin, Beaumont, Jefferson County , Texas, in accordance with Section 30-26 and Section 30-40 of the Code of Ordinances of the City of Beaumont, as amended, is hereby granted to John F. Palumbo, purchaser, his legal representatives, successors and assigns for that certain tract described on 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. PASSED BY THE CITY COUNICIL of the City of Beaumont this the day of 19 Mayor - 2 - 12. December 2, 1983 IA Council Letter 175 Honorable Mayor and Members of City Council Subject: Request for Zone Change and Specific Use Permit at 8450 Highway 105 A request by Mark Busceme for a zone change from RM-M (Residential Multiple Family-Medium Density) to RM-M (Residential Multiple Family-High Density) and a Specific Use Permit at 8450 Highway 105 was reviewed on November 21, 1983, at the joint public hearing of the Planning Commission and City Council . The Planning staff recommended approval of the request for the zoning change on the basis that utilities are adequate and the request is consistent with the comprehensive plan. Approval of the Specific Use Permit was made on the basis that the applicant satisfied the eight conditions necessary for Specific Use Permit approval . The Planning Commission recommended approval of the request by a vote of 6 to 0. It is recommended that this request be approved. �- ,Q_t4 Karl Nollenberger City Manager TO: Planning Commission and City .Council FROM: Planning Department SUBJECT: Request for zone change from RM-M to RM-H and a specific use permit to establish a horticultural landscaping and retail sales business on property located at 8450 Highway 105; scheduled for joint public hearing on November 21, 1983. * STAFF REPORT GENERAL INFORMATION 89 1 _Z/P. Applicant Mark Busceme Status of Applicant prospective leasee; owner is Don Streety Requested Action 1. zone change from RM-M to RM-H (Residential Multiple Family - High Density) 2. specific use permit for horticultural specialties and retail sales Existing Zoning RM-M (Residential Multiple _ Family - Medium Density) .. Location 8450 Highway 105 Size 1. 04 acres Existing Land Use vacant Surrounding Zoning and Land Use north - RSandvac vacant ant south - (across -Highway 105) R3, single family west - RM-M, vacant Physical Features 130 feet of frontage on Highway 105 Comprehensive Plan Neighborhood Growth Unit 891-L/P RM--M to RM-H and SUP Page 2 SPECIAL INFORMATION Public Utilities Sanitary Sewer: 6 inch line in Highway 105 Storm Drainage: to open ditches in Highway 105 then east Water: 8 inch line in Highway 105 Streets Highway 105 is designated as a major arterial and has a 120-foot right-of-way and 40- foot pavement. Fire Protection Station #8, 6297 Highway 105 ZONE CHANGE : ANALYSIS - The request is consistent with land use principles which state that high density multi-family uses should be located along major arterials . - Utilities are adequate for possible high density multi-family uses. The request is consistent with the comprehensive plan. RECOMMENDATION Staff recommends approval of the request for RM-H. The recommenda- tion is based on: - utilities are adequate; and - request is consistent with comprehensive plan. SUP: ANALYSIS LSee-Specific Use Permit Review. RECOMMENDATION Staff recommends approval of the request based on the applicant 's compliance with the eight conditions necessary for specific use permit approval. . 891-Z/p RM-M to RM N and SUP- Page 3 PUBLIC NOTIFICATION AND RESPONSE - � Notices Mailed to Property Owners Responses in Favor of Request Responses Opposed to Request SPECIFIC USE PERMIT REVIEW 891_Z/F' ORDINANCE REQUIREMENTS PROPOSAL •• processes and----'- ---retail plant nursery: Dela- l. DE_scription of p ware Gardens; 9 a.m.-6 p.m. ; activities. 7 days; 4 full-time employees ; 2 part-time 2. Boundaries of area covered by site------127 x 360 ; 1.04 acres plan with dimensions. 3. Existing and proposed building locations with: 2 single story - number of stories; ----' ----- ---26 feet -• height; ------------ 60 x 40 greenhouse -• gross floor area; ----' 30 x 30 main building 105 -- entrances and exits. ---- ____---------entrance/exit from Hwy. -south to open ditch in 4. Existing drainage locations and -------- Highway 105 direction of flow- 5. roposed landscaping and screening ening - no proposal buffers. 6. Location and dimensions of: 2 at 20 feet each - curb cuts (existing and proposed)'-- - public and private streets , showing --Hwy. 105 : 120 ' row, 40 ' rights-of-way widths; pavement areas;------------9 parking spaces parking and loading 4ft. at main building - pedestrian walks; ---------- -- 6ft. at rear -- exterior lighting; -------------------* (see below) - trash storage locations; ---- ------6 x 4 trash bin c a in wi pane 4 �. Fences or screening provisions ----------weave surrounding rear; showing location, type and height. wooden rail fence on front and s and w st sides 8. Sign height, location and dimensions.---- 12 ft. cat frxnt center s and at front entrance *flood lamps above outdoor display area 891-Z/P (CONDITIONS FOR APPROVAL: A Specific Use Permit shall be issued only if all of the following conditions have been found: FA 1) That the specific use will be compatible with and not injurious to the use and enjoyment of other property, nor significantly diminish or impair property values within the immediate vicinity; Residential uses south of Highway 105 have over 200 feet of separation. The proposed nursery is low intensity use which is not characteristically injurious to enjoyment of resi- dential properties. 2) - That the establishment of the specific use will not impede the normal and orderly development and improvement of surrounding vacant property; Surrounding vacant properties are zoned RM-M. Proposed nursery will not impede multi-family development. 3) That adequate utilities, access road, drainage and other necessary supporting facilities have been or will be provided; Existing utilities are adequate for proposed use. -4) - The design, location and arrangement of all driveways and parking spaces provides for the safe and convenient movement of vehicular and pedestrian traffic without adversely affecting the general public or adjacent developments; Driveways and parking satisfy ordinance requirements. 5) That adequate nuisance prevention measures have been or will be taken to prevent or control offensive odor, fumes, dust, noise and vibration; Proposed use does not generate any of the five environmental nuisances. 6) That directional lighting will be provided so as not to disturb or ad- versely affect neighboring properties; _ Proposed outdoor security lighting will not affect neighboring properties. 7) That there are sufficient landscaping and screening to insure harmony and compatibility with adjacent property; Applicant' s alternative fencing is adequate screening for nursery use. Additional landscaped buffer is unnecessary. 8) That the proposed use is in accordance with the comprehensive plan; Retail plant nurseries are allowed in RM-H district with specific use permit. Request is in accordance with compre- hensive plan. PTO: City Council FROM: Planning Department SUBJECT: Summary of Planning Commission action on request for zone change from RM-M to RM-H and a specific use permit to establish a horticultural landscaping and retail sales business on property located at 8450 Highway 105 (891-Z/P) ; November 211 1983. GENERAL INFORMATION Applicant Mark Busceme Requested Action zone change from RM-M (Resi- dential Multiple Family - Medium Density) to RM-H (Resi- dential Multiple Family - High Density) and a specific use permit for horticultural specialities and retail sales Location 8450 Highway 105 Size 1. 04 acres PLANNING STAFF RECOMMENDATION The staff recommended approval of the request for the zone change on the basis that utilities are adequate and the request is con- sistent with the comprehensive plan. Staff recommended approval , of the specific use permit on the basis that the applicant satis- fied t:.e eight conditions necessary for specific use permit approva? . PLANNING COMMISSION RECOMMENDATION The Planning Commission recommended approval of the request by a vote of 6 to 0. _j PUBLIC NOTIFICATION AND RESPONSE F tices Mailed "to Property Owners 7 sponses in Favor of Request 1 Responses Opposed to Request 0 LL 6,1`L/ �4 L i 'JA LOI'.L RM-H TO RM-H�DISTRICT AND A S.U.P. ' ON 1.04 ACRE LOCATED 8450 HIGHWAY 105. APPLICANT: MARK BUSCEME n s RS "200 700' RM — M subject F"A-^ " srx r NIGHaar state Hi hwa 105 127 - i I s of •i sr a Ar of AV TOLi R TOLIVAR RS _ rA NO- �R !!sm 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 FROM RM-M (RESIDENTIAL MULTIPLE DWELLING - MEDIUM DENSITY) DISTRICT TO RM-H ( RESIDENTIAL MULTIPLE DWELLING - HIGH DENSITY) DISTRICT ON PROPERTY LOCATED AT 8450 HIGHWAY 105; 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 30-5B thereof, is hereby amended by changing the zoning classification from RM-M (Residential Multiple Dwelling - Medium Density) District to RM-H (Residential Multiple Dwelling - High Density) District on property located at 8450 Highway 105, as shown, 1 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 this the day of 19 - Mayor - 2 - ORDINANCE NO. ENTITLED AN ORDINANCE FOR THE ISSUANCE OF A SPECIFIC USE PERMIT TO ESTABLISH A HORTICULTURAL LANDSCAPING AND RETAIL SALES BUSINESS ON PROPERTY LOCATED AT 8450 HIGHWAY 105. WHEREAS, the Planning and Zoning Commission of the City of Beaumont considered the issuance of a specific use permit to establish a horticultural landscaping and retail sales business on property located at 8450 Highway 105, Beaumont, Jefferson County, Texas, to Mark Busceme, lessee, his legal representatives, successors, and assigns for that certain property hereinafter described; 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 all conditions necessary for issuance of a specific use permit have been met and a specific use permit to establish a horticultural landscaping and retail sales business on property located at 8450 Highway 105, Beaumont, Jefferson County, Texas, in accordance with Section 30-26 and Section 30-40 of the Code of Ordinances of the City of Beaumont, as amended, is hereby granted to Mark Busceme, lessee, his legal representatives, successors and that certain tract described Exhibit A attached , hereof for all purposes* assigns for • hereto and made a Part S�i°!' eXpressly use permit herein granted is the specific u detail of the That with each particular and red for and in accordance art hereof for issued hereto as Exhibit "B" and made a P site plan attached her a 1,L purposes. COUNCIL of tl�e City of Beaumont this the PASSED BY THE CITY day of Mayor _ 2 r 13. December 2, 1983 Council Letter 181 Honorable Mayor and Members of City Council Subject: Request for Zoning Change on 10-Acre Tract on Walden Road The request for a zoning change on Walden Road from AR (Agricultural Resi- dential) to LI (light Industrial) on a 10-acre tract located approximately 3,300 feet west of I-10 and the Walden Road intersection was considered on November 21, 1983 at a joint public hearing of the Planning Commission and City Council . The applicant, John Felton, has made the request in order to construct an operations center for Drainage District 6. The Planning Department recommended approval and the Planning Commission unanimously endorsed the request. It is recommended that the request be approved. Karl Nollenberger City Manager TO: Planning Commission and City Council Planning Department FROM: 9 P SUBJECT: Request for zone change from AR to LI on a 10-acre tract located approximately 3300 feet west of I-10 South on the north side of Walden Road; scheduled for joint public hearing on November 21, 1983. * STAFF REPORT GENERAL INFORMATION 895-Z Applicant John H. Felton Status of Applicant agent for owner J. C. Chance, Jr. Requested Action zone change from AR to LI (Light Industrial) Representative Uses in LI veterinary services , land- scaping services, oil and gas extraction, building construc- tion contractors , metalworking: machinery and equipment, con- crete, gypsum, and plastic product manufacturers Purpose office, operations and vehicle maintenance center for county drainage utility Existing Zoning AR (Agricultural Residential) Location approximately 3300 feet west of I-10 South on the north side of Walden Road Size 1244 x 350 , approximately 10 acres Existing Land Use north - AR, vacant east - AR, vacant south - AR, vacant west - AR, vacant Physical Features drainage easement forms part of northern boundary of tract Comprehensive Plan Industrial 895-Z AR• to LI Page 2 SPECIAL INFORMATION Public Utilities Sanitary Sewer: 72 inch line Storm Drainage: to drainage ditch near eastern property line Water: 12-inch line Streets Walden Road is designated as a major arterial and has a 60-foot right-of-way and 24- foot pavement. Fire Protection Station #10, 3855 Washington ANALYSIS - Subject property is a 10-acre tract with 350 feet of frontage on Walden. A drainage ditch forms a portion of the northern boundary. - Existing utilities in Walden Road are adequate for the proposed use. - The applicant' s site will establish the western boundary of a major industrial area of the comprehensive plan and is in compliance with the plan. RECOMMENDATION ,.staff recommends approval of the request based on: C existing utilities are adequate for proposed use; and the request is in compliance with the comprehensive plan. PUBLIC-NOTIFICATION AND RESPONSE Notices Mailed to Property Owners 6 Responses in Favor of Request Responses Opposed to Request TO: City Council FROM: Planning Department SUBJECT: Summary of Planning Commission action on request for zone change from AR to LI on a 10-acre tract located approximately 3300 feet west of I-10 South on the north side of Walden Road (895-Z) ; November 21, 1983. GENERAL INFORMATION Applicant John H. Felton Requested Action zone change from AR (Agri- cultural Residential) to LI (Light Industrial) - Purpose office, operations and vehicle maintenance center for county drainage utility % Location approximately 3300 feet west of I-10 South on north side of Walden Road Size 1244 x 350 , approximately •10 acres PLANNING STAFF RECOMMENDATION The staff recommended approval of the request on the basis that existing utilities are adequate for proposed use and the request is in accordance with the comprehensive plan. PLANNING COMMISSION RECOMMENDATION The Planning Commission recommended approval of the request by a vote of 5 to 0. PUBLIC NOTIFICATION AND. RESPONSE Notices Mailed to Property Owners 6 Responses in Favor of Request letter containing 6 signatures Responses Opposed to Request 1 _,�..�__._:...,_._.. _._ _- - '- •__..._. .. __. t 1 L L TR-M-U-ON PROPERTY LOCATED 3300 FEET W. OF I-10 ON N. OF WALDEN ROAD APPLICANT: JOHN H. FELTON . n t/NTS A-R _ y ' M• Q I, V G �• Q J A-R _ o r t . H L A N `I ' i 0 �yH WALDEN RD y w ' LI . 0 cio ORDINANCE NO. E 1 ENTITLED AN ORDIN"CE 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 FROM AR (AGRICULTURAL RESIDENTIAL) DISTRICT TO LI ( LIGHT t INDUSTRIAL) DISTRICT ON PROPERTY LOCATED APPROXIMATELY 3300 FEET WEST OF I-10 SOUTH ON THE NORTH TYDEPROVIDING WALDEN FORAREPEAL ANDPROVIDING PROVIDING SEVERABILI ±; A PENALTY. k t BE IT ORDAINED BY THE CITY OF BEAUMONT: j 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 30-5B thereof , is hereby amended by changing the zoning classification from AR (Agricultural Residential) District to LI ( Light Industrial) District on property 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 E 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 . j That any person who violates any provision of this s ordinance shall, upon conviction, be punished as provided in Section 1-8 of the Code of Ordinances of Beaumont, Texas. i PASSED BY THE CITY COUNCIL of the City of Beaumont this the day of 19 ' i P i S F Mayor - { i - 2 - 14. December 2, 1983 Council Letter 182 Honorable Mayor and Members of City Council Subject: Request for Zoning Change at 1145 Park Street The request for a zone change from LI (Light Industrial ) to GC-MD (General Commercial-Multiple Dwelling) for property located at 1145 Park Street was considered on November 21, 1983, at a joint public hearing of the Planning Coinmission and the City Council . The applicant, Clifford Wells, requested the change in order to replace apartments already existing at this location. The Planning Department recommended approval on the basis that existing zoning does not reflect development and the request is consistent with the Comprehensive Plan. It is recommended that the request be approved. 14 r Karl Nollenberger City Manager TO: Planning Commission and City Council FROM: Planning Department SU13JECT: Request for zone change from LI to GC-MD on property located at 1145 Park Street; scheduled for joint public hearing on November 21, 1983. * STAFF REPORT GENERAL INFORMATION 889-Z Applicant Clifford Wells Status of Applicant property owner Requested Action zone change from LI to GC-MD (General Commercial - Multiple Dwelling) Representative Uses in GC-MD banks, ulti-family, auto repair, offices, used car lots, hotels, department stores and restaurants Purpose replace existing apartments Existing Zoning LI (Light Industrial) Lor,aLiva 1145 Park Street - Si;t 50 x 150 , 0. 17 acre Ex:ibt-inn Land Use 6-unit apartment house Surrounding Zoning and Land Use north - LI, professional offices east -- LI, professional offices south - LI , professional offices west - LI , professional offices Physical Features two-story apartment house Comprehensive Plan Central Business District SPECIAL INFORMATION Public Utilities Sanitary Sewer: 6 inch line Storm Drainage:. underground storm sewer in Park Water: 12 inch line File 889-Z LI to GC-MD Page 2 SPECIAL INFORMATION (cont'd) Streets Park is designated as an arterial and has a 60-foot right-of-way and 40-foot pavement. Fire Protection Station #1, 875 College ANALYSIS The applicant/property owner wishes to remodel the existing apartment house. Existing zoning is contrary to developed land uses. GC-MD zoning is consistent with commercial uses in CBD area. The staff supports development efforts which seek improved :housing in and around the CBD area. The request is consistent with the comprehensive plan. RECOMMENDATION The staff recommends approval of the request. The recommendation is ]based on: existing zoning does not reflect development; and °- the request is consistent with the comprehensive plan. PUBLIC NOTIFICATION AND RESPONSE F ices Mailed to Property Owners 14 Responses in Favor of Request Responses Opposed to Request TO,: City Council f • FROM: Planning Department SUBJECT: Summary of Planning Commission action on request for zone change from LI to GC-MD on property located at 1145 Park Street (889-Z) ; November 21, 1983. GENERAL INFORMATION Applicant Clifford Wells Requested Action zone change from LI (Light Industrial) to GC-MD (General Commercial - Multiple Dwelling) Purpose replace existing apartments Location 1145 Park Street Size 50 x 150, 0. 17 acre PLANNING STAFF RECOMMENDATION Staff recommended approval of the request on the basis that existing zoning does not reflect development and the request is consistent with the comprehensive plan. PLANNING COMMISSION RECOMMENDATION The Planning Commission recommended approval of the request by a vote of 6 to 0. PUBLIC NOTIFICATION AND RESPONSE _ Notices mailed to property owners 14 Responses in favor of request 0 Responses opposed to request 1 FILE 889-Z. REQUEST FOR ZONE CHANGE \� fi � LI TO GC-MD ON PROPERTY N.W. OF LOT '� e +°) 4. 267 LOCATED 1145 PARK STREET. r ,r APPLICANT: CLIFFORD WELLS r .y'1 n - 10 "L 1/200 1• � ti ' ' 4p .. low rl 0 co F ♦\ op r S �e Job s � � o ` 1♦ k 1 or � \ G B ' N r ,V Im -- •► p —iii—-- - y nKw ►cam U > > NO t ORDINANCE NO. • ENTITLED AN ORDINANCE BEAUMONT,CTEXAS,� AND IN THE CODE OF ORDINANCES OF BE PARTICULAR THE ICATEDIUPONFTHEEZONINGGMAP OF LI (GENERAL DISTRICTS AS IN D BEAUMONT, TEXAS, BY CHANGING THE ZONING FROM (LIGHT INDUSTRIAL) DpWELLING)GDI TRICTO COMMERCIAL - MULTIPLE PROPERTY LOCATED•AT 1145 ARKpRTREPEALPANDIDING FOR SEVERABILITY . PROVIDING PROVIDING A PENALTY. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1 . T Cha ter 30 of the Code of Ordinances of Beaumont, THA P districts as Texas, and in particular the boundaries of the zoning referred s in indicated upon the Zoning Map of the City of Beaumont, re Section 30-5B thereof, is hereby amended by changing the zoning ' ication from LI (Light Industrial) District to GC-MD (Genera classification located at 1145 Commercial - Multiple Dwelling) District on property as shown on Exhibit "A" attached hereto and made a part Park Street, map of the City of hereof for all purposes, and the official zoning ded to reflect such changes. ��Pa.umont is hereby amen 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 is of this ordinance are declared to be severable. Section 4 . arts of That all ordina nces or P ordinances in conflict � herewith are repealed to the extent of the conflict only. i 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 day of 19 Mayor - 2 - 15 . December 2, 1983 Council Letter 180 Honorable Mayor and Members of City Council Subject: Request for Zone Change on South Street A request for a zone change from RM-H (Residential Multiple Dwelling-High Density) to RS (Residential Single Family) for all lots on the north side of South Street from Royal Purple Drive to Guffey Street, then all area bounded by Guffey, Smart Street and Royal Purple Drive was considered at a ,joint public hearing of the' Planning Commission and the City Council on Mc,, 21, 1983. This request was received from a petition circulated in the area. The­Planning staff recommended approval of the RS (Residential Single Family) zoning and the Planning Commission approved the request with the exception of all property with frontage on Smart Street and a 73 x 50 lot on Seventh Street. These two areas of exemption are to remain RM-H (Residential Multiple Dwelling-High Density). It is recommended that the request be approved. �& 1� Karl Nollenberger City Manager TO: Planning Commission and City Council FROM: Planning Department SUBJECT: Request for zone change from RM-H to RS for all lots on the north side of South Street from Royal Purple Street to Guffey Street, then bounded by Guffey, Smart _Street and Royal Purple Drive; scheduled for joint public hearing on November 21, 1983. * STAFF REPORT GENERAL INFORMATION Q Q 7—Z Applicant Petition VV Requested Action zone change from RM-H (Resi- dential Multiple Family - High Density) to RS (Resi- dential Single Family) Representative Uses in RS single family dwellings, golf courses, membership recreation clubs, cluster housing, mobil home park (with specific use permit) Existing Zoning RM-H (Residential Multiple Dwelling - High Density) Location all lots on north side of South Street from Royal Purple Street to Guffey Street, then bounded by Guffey, Smart Street and Roayl Purple Drive Existing Land Use single family and multiple family Surrounding Zoning and Land Use north - R-3, residential, some offices east - RM-H, residential south - LI, industrial west - RM-H, BCP High School Comprehensive Plan Conservation and Revitalization File 897-Z RM,-H to RS Page 2 SPECIAL INFORMATION Public Utilities and Streets ROW/ SANITARY PAVEMENT WATER SEWER EAST/WEST Angelina 60/30 8 - -- ' Pecos 80/2 at 16* 6 -- Rusk 60/30 6 10 Smart 50/16 - 12 South 80/30 8 -- NORTH/SOUTH Duperior 50/18 6 6 Eighth 60/16 6 12 Minor 60/30-18 6 6 Seventh 60/27 8 -_ *Pecos has a 16-foot median. Fire Protection Station #7 , 1700 McFaddin ANALYSIS - Properties in the petition are predominantly single family residences; there are some apartment complexes as well as garage apartments within the area of the petition. - Section 30-30.D. of the City Code exempts residential uses existing on April 1, 1983. - The request is consistent with the comprehensive plan. RECOMMENDATION The staff recommends approval of the request for RS zoning. PUBLIC NOTIFICATION AND RESPONSE Notices mailed to property owners within study 269 Notices mailed to property owners within 200 feet 57 TO: City Council ' FROM: Planning Department SU13JECT: Summary of Planning Commission action on request for zone change from RM-H to RS for all lots on the north side of South Street from Royal Purple Street to Guffey Street, then bounded. by Guffey, Smart Street and Royal Purple Drive (897-Z) ; November 21, 198`3. GENERAL INFORMATION Applicant Petition Requested Action zone change from RM-H (Resi- dential Multiple Dwelling - High Density) to RS (Residential Single Family) Location all lots on north side of South Street from Royal Purple Street to Guffey Street, then bounded by Guffey, Smart Street and Royal Purple Drive PLANNING STAFF RECOMMENDATION [The staff recommended approval of the request for RS zoning. PLANNING COMMISSION RECOMMENDATION The Planning Commission recommended approval of the request with the exception of property with Smart Street frontage and a 73 x 150 lot on Seventh Street to remain RM-H by a vote of 5 to 0. PUBLIC NOTIFICATION AND RESPONSE Notices mailed to property owners within study 269 Responses in favor of proposal 59 Responses opposed to proposal 7 Notices mailed to property owners within 200 feet 57 Responses in favor of proposal 2 Responses opposed to proposal 0 FILE 897-Z. REQUEST FOR ZONE CHANGE • Iri/ - / / . i • i RN-H TO E DISTRICT IN OAKS ADDITION � I f r AND PARKDALE ADDITION. w " " " " •i" " " " " '" " N'" r APPLICANT: PETITION OF RESIDENTS (. I• �/ �• I • I• ;� y.�r�• rl• • . • I • I •� . r. 11111 rl • I • • I • • I• JI / i - r r w!" II•+I Ito " . �.• I.1,.• r'r! r f1 I Ir II NI w + "I • , r •/�• . r " I I + ; ( I 4 _ I TO REMAIN RM—H " �, p �, 1l NTS < i LAUREL •, M >Y M • I - 11t tl K I - 'p O mF1 - " V• M • • I • • I I• I • • f • I / I I / f • I I/ r / , I• • , I I I. • 1•, r " r r r to .• s • r w w r I•s .- r • • . r • • • .r -' -- • ,: • I . I SOUTH a a 7L.97- PECOS cc LU 7 .. , co COL. cc CL 1 , I �c El� ti_1 I I i L,- - >- ANGELINA cc a ' ■ 1 RUSK K SMART i •+• • '• If • I•I/� YI• iI �• • • • • � y j•I• • • �. i ••I • IJ1 • _1.�1_ ' . Y it n ! - I�. �i „i '2 Ll I i-rEs . : C-2 . �• 1 N0*--- / r 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 FROM RM-H (RESIDENTIAL MULTIPLE DWELLING - HIGH DENSITY) DISTRICT TO RS (RESIDENTIAL SINGLE FAMILY) DISTRICT ON PROPERTY BOUNDED BY SOUTH STREET, GUFFEY, SMART STREET AND ROYAL PURPLE DRIVE; 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 30-5B thereof, is hereby amended by changing the zoning classification from RM-H (Residential Multiple Dwelling - High Density) District to RS (Residential Single Family) District on property bounded by South Street, Guffey, Smart Street and Royal. Purple Drive, 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. I 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 s 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 day of 19 Mayor - 2 _ 16. December 2, 1983 Council Letter . 176 Honorable Mayor and Members of City Council Subject: Request for Specific Use Permit at 35 Minor Street The request for a Specific Use Permit at 35 Minor Street to grow and sell rare plants in a RM-H (Residential Multiple Family-High Density) district was reviewed at the joint public hearing of the Planning Commission and City Council on November 21, 1983. Notices were mailed to nineteen property _ owners and four responses were received; three in favor and one opposed. The Planning staff recommended approval of the request based on the appli- cant's compliance with the eight conditions necessary for approval of a Specific Use Permit. The Planning Commission recommended approval of the request by a vote of 5 to I. It is recommended that this request be approved. r`c-nom, N 1 Y Karl Nollenberger City Manager i TO: .Planning Commission and City Council FROM: Planning Department SUBJECT: Request for specific use permit to grow and sell rare and exotic plants by appointment only in an RM-H district located at 35 Minor Street; scheduled for joint public hearing on November 21, 1983. * STAFF REPORT GENERAL INFORMATION 892-1 Applicant Bob Whitman Status of Applicant property owner Requested Action specific use permit to grow and sell rare and exotic plants by appointment Existing Zoning RM-H (Residential Multiple Family - High Density) Location 35 Minor Street Size 100 x 238, 0. 54 acre Ex,i sting Land Use residence Su�L-ounding Zoning and Land Use north - (across Rusk- ---P1 -H, single family east - (across Minor) RM-H, residential, vacant south - (across Smart) LI , commercial west - RM-H, residential Physical Features residence faces Rusk, nursery area faces Minor and Smart Comprehensive Plan Stable Area SPECIAL INFORMATION Public Utilities Sanitary Sewer: 10 inch line Storm Drainage: 21 inch line Water: 6 inch line 89 2-]? Page 2 SPECIAL INFORMATION (cont'd) Streets Minor and Rusk are designated as local residential streets and have 60-foot rights-o€- way with 18- and 30-foot pave- ments, respectively. Fire Protection Station #7, 1700 McFaddin ANALYSIS See Specific Use Permit Review. RECOMMENDATION EThe staff recommends approval of the request based on the appli- cant ' s compliance with the eight conditions necessary for specific use permit approval. PUBLIC NOTIFICATION AND RESPONSE Notices Mailed to Property Owners 19 . Responses in Favor of Request Responses Opposed to Request SPECIFIC USE PERMIT REVIEW 892-P VA ORDINANCE REQUIREMENTS PROPOSAL 1. Description of processes and----'-------- growth and sale of rare and activities. exotic plants; sales by appointment only 2. Boundaries of area covered by site------ 100 x 238 ; Lots 1 and 2 and plan with dimensions. 11 and 12, Block 18, Oaks Addition 3. Existing and proposed building locations with: - number of stories; ------------------- one - height; ------------------------------ 13 feet ------- 2 buildings at 1188 square gross floor area; ------------- feet each - entrances and exits. ----------------- from Smart Street 4. Existing drainage locations and --------- to open ditches in Minor direction of flow. and Smart Streets 5. Proposed landscaping and screening ------ applicant will grow trees buffers. and flowering vine on 6. Location and dimensions of: - curb cuts (existing and proposed) ;'--- one at 12 ' - public and private streets, showing --Minor': 60 ' right-of-way, rights-of-way widths; 18-foot pavement narking and loading areas;------------on-street parking on Rusk pedestrian walks; --------------------none -- exterior lighting; -------------------none trash storage locations; -------------none 7. Fences or screening provisions ----------6-foot chain link fence Showing location, type and height. around entire site 8. Sign height, location and dimensions.----none 892-P CONDITIONS FOR APPROVAL: A SpeciYic Use Permit shall be issued only if all of the following conditions have been found: 1) That the specific use will be compatible with and not injurious to the use and enjoyment of other property, nor significantly diminish or impair property values within the immediate vicinity; Location of nursery plants create no impairment or injury to the use of surrounding residential properties. 2) That the establishment of the specific use will not impede the normal and orderly development and improvement of surrounding vacant property; One vacant lot east of the request will experience no ad- verse effects from the proposed use. 3) That adequate utilities, access road, drainage and other necessary supporting facilities have been or will be provided; Existing utilities and drainage are adequate for service to proposed use. 4) The design, location and arrangement of all driveways and parking spaces provides for the safe and convenient movement of vehicular and pedestrian traffic without adversely affecting the general public or adjacent developments; Driveways and parking will not affect surrounding traffic pattern nor restrict access. 5) That adequate nuisance prevention measures have been or will be taken to prevent or control offensive odor, fumes, dust, noise and vibration; — Proposed use will not generate any of the five environ- mental uses. 6) That directional lighting will be provided so as not to disturb or ad- versely affect neighboring properties; _ No direct lighting proposed. 7) That there are sufficient landscaping and screening to insure harmony and compatibility with adjacent property; Applicant will grow trees and flowering vines on western property line. 8) That the proposed use is in accordance with the comprehensive plan; Proposed use is in accordance with comprehensive plan. TO: City Council FROM: Planning Department SUBJECT: Summary of Planning Commission action on request for specific use permit to grow and sell rare and exotic plants by' appointment only in an RM-H district located at 35 Minor Street (892-P) ; November 21, 1983. GENERAL INFORMATION F plicant Bob Whitman questAd Action specific use permit to grow and sell rare and exotic plants by appointment only in an RM-H (Residential Multiple Family- High bensity) district Location 35 Minor Street Size 100 x 238, 0. 54 acre PLANNING STAFF RECOMMENDATION The Planning staff recommended approval the applicant' s compliance with the eight fconditions snecessary nfor specific use permit approval. PLANNING COMMISSION RECOMMENDATION The Planning Commission recommended approval of the request by a vote of 5 to 1. PUBLIC NOTIFICATION AND RESPONSE Notices Mailed to Property Owners 19 Responses in Favor of Request 3 , Responses Opposed to Request 1 • o : , , b . - i I • = �K RARE AND EXOTIC PLANTS LOCATED BLOCK 18, LOTS 1 AND 2, 11 AND 12 IN OAKS ADDITION! AT 35 MINOR ST. 1 r 1APPLICANT: BOB D. WHITMAN to 1/200 11 10 9 Y •r •... ...� ., r � � r� N n �•d 3 � • • b n •t - AN Eft so 10 I Y so OC 10 ANGELINA so so - s: - - - sc so - f f 1 ° =O • • • • i 1 _ • • s • • 1 ffis 20 14 t6 •° to i1 M j 7 • f b 11 t s 1 i • f b 11 •1 - > i • •W RUSK eo subject - so [Nit 3 s • • 4 eo so 6 17 no ,• i, y � ? r • • b n i• _ c _ RT 460 siait SMART G-2 ------------ G'-2 Nv Cs ORDINANCE NO. • 4 ENTITLED AN OR DINANCE PROPERTY PERMIT TO GROW LOCATED AT 35 MINOR STREET. WHEREAS, the Planning and Zoning Commission of the City of Beaumont considered the issuance of a specific use permit to grow and sell plants on property located at 35 Minor Street, Beaumont, F Jefferson County , Texas, to Bob Whitman, owner, his legal representatives, successors, and assigns for that certain property hereinafter described; 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; t f 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 grow and sell plants on property located at 35 Minor Street, Beaumont, Jefferson County, Texas, in accordance with Section 30-26 and Section 30-40 of the Code of Ordinances of the City of Beaumont, as amended, be granted to Bob Whitman, owner, his legal representatives, successors and assigns for that certain tract described on Exhibit "A" attached hereto and made a part hereof for all purposes. Section 2 . i That the specific use permit herein granted is expressly a 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. PASSED BY THE CITY COUNCIL of the City of Beaumont this the day of , 19 . Mayor - _ 2 _ I 17. December 2, 1983 'At Council Letter 172 Honorable Mayor and Members of City Council Subject: Request for Specific 'Use Permit at 5480 Washington Boulevard A request by LECCO Industries for a Specific Use Permit at 5480 Washington to establish a speciality insulation manufacturing company in a GC-MD (General :Commercial-Multiple Dwelling) district was reviewed by the Planning Commission and City Council at a joint meeting November 21, 1983. The pro- spective owner is Dennis Mott. The Plag staff originally recommended approval based on seven of eight conditions necessary for a Specific Use Permit being met. This recommenda- tion was changed to denial on the basis of information provided at the time of the public hearing which did not comply with the eight conditions neces- sary for approval of a Specific Use Permit. Sixteen notices were mailed to property owners, and one response was received in favor of the request. The Planning Commission recommended denial of the request by a vote of 5 to 0. It is recommended that this request be denied. Karl Nollenberger City Manager TO: Planning Commission and City Council FROM: Planning Department SUBJECT: Request for specific use permit to establish a specialty insulation manufacturing contractor in a GC-MD district at 5480 Washington Boulevard; scheduled for joint public hearing on November 21, 1983. * STAFF REPORT GENERAL INFORMATION 894—P Applicant LECCO Industries Inc. Status of Applicant prospective purchaser; owner is Dennis Mott Requested Action specific use permit to operate a specialty insulation manu- facturing contractor Existing Zoning GC-21D (General Commercial - Multiple Dwelling) Location 5480 Washington Boulevard Size 355 x 200; 1. 39 acres Existing Land Use vacant Surrounding Zoning and Land Use north - RS, vacant, single family residence east - (across Chamberlin) GC-MD, vacant south - (across Washington) LI, vacant - west - GC-MD, commercial, truck transfer Comprehensive Plan - Neighborhood Growth Unit Transition SPECIAL INFORMATION Public Utilities Sanitary Sewer: 24 inch line in Washington Storm Drainage: - - by underground storm sewer in Washing- ton SPECIAL INFORMATION (cont'd) Public Utilities (cont'd) Water: 16 inch line in Washington Streets Washington is designated as a major arterial with a 100-foot right-of-way and 44-foot pave- ment. Chamberlin is a local residential street with an IS- foot pavement and 60-foot right-of-way. Fire! Protection Station #10, 3855 Washington Boulevard ANALYSIS See Specific Use Permit Review. RECOMMENDATION F n of the eight conditions necessary for specific use permit oval have been met. Staff feels that Condition 4 should rict access to Chamberlin Drive. Based upon this the staff recommends approval of the request. PUBLIC NOTIFICATION AND RESPONSE Notices Mailed to Property Owners 16 Responses in Favor of Specific Use Permit Responses Opposed to Specific Use Permit I SPECIFIC USE PERMIT REVIEW 894-P ORDINANCE REQUIREMENTS PROPOSAL 1. Description of processes and- -------blanket insulation specialty activities. contractor*; Monday-Fridal, 7 a.m. - 6 p.m. ; 15 employees; occasional extended work day 2. Boundaries of area covered by site------approximately 355 x 200 ; plan with dimensions. 1. 38 acres 3. Existing and proposed building locations with: number of stories; --------------------Office: single story; 1200 sq. ft. ; 10 ' height - height; storage: two story; 1250 sq. gross floor area; ft. ; 20' height major entrance on Washington; - entrances and exits. ----------------- apcessory entrance on Cha e I in 4. Existing drainage locations and ---------overland to south property direction of flow. line then to storm sewer in Washington 5. Plr_oposed landscaping and screening ------i0-foot landscaped buffer buffers. strip abutting RS zoning: 6. Location and dimensions of: (2 at 20 ' width - curb cuts (existing and proposed) (1 at 30 ' width - public and private streets, showing --Washington: 100 ' row rights-of-way widths; Chamberlin: 60 ' row - parking and loading areas;------------15 spaces - pedestrian_ walks; --------------------none - exterior lighting; -------------------5 security lights trash storage locations; -------------one 7. Fences or screening provisions ---------- 8 ' wooden privacy fence showing location, type and height. abutting RS zoning 8. Sign height, location and dimensions.---- size : 3 x 4 ; attached to front of building *fabrication of insulation blankets for steam boilers and piping installed at individual project locations 894-P CONDITIONS FOR APPROVAL: A Specific Use Permit shall be issued only if all of the o owing conditions have been found: 1) That the specific use will be compatible with and not injurious to the use and enjoyment of other property, nor significantly diminish or impair property values within the immediate vicinity; All processes associated with production will be indoors. Residential uses on Chamberlin will be buffered by privacy fence. 2) That the establishment of the specific use will not impede the normal and orderly development and improvement of surrounding vacant property; Vacant commercially zoned property will be in an area of intensive development. Proposed use is similar in character. ,. 3) That adequate utilities, access road, drainage and other necessary supporting facilities have been or will be provided; Existing utilities are adequate to provide service to the proposed use. 4) The design, location and arrangement of all driveways and parking spaces provides for the safe and convenient movement of vehicular and pedestrian traffic without adversely affecting the general public or adjacent developments; Proposed access to Chamberlin Drive should be eliminated. Residential vehicular use of Chamberlin should not be forced to compete with commercial trucks. a) That adequate nuisance prevention measures have been or will be taken to prevent or control offensive odor, fumes, dust, noise and vibration; Production will be entirely indoors. Outside yard will be used for loading of finished contract work prior to delivery and occasionally some storage. 6) That directional lighting will be provided so as not to disturb or ad- versely affect neighboring properties; Security lighting on northeastern property line should be relocated to insure that glare or diffused and reflected light is minimized. 7) That there are sufficient landscaping and screening to insure harmony and compatibility with adjacent property; Rear (north) property line will have 8-foot wooden privacy fence and .10-foot landscaped buffer. 8) That the proposed use is in accordance with the comprehensive plan; Properties with Washington Boulevard frontage are a transi- tion between neighborhood growth unit and industrial. The proposed use is in accordance with these types of uses . TO: City Council FROM: Planning Department SUBJECT: Summary of Planning Commission action on request for specific use permit to establish a specialty insulation manufacturing contractor in a GC-MD district at 5480 Washington (894-P) ; November 21, 1983. GENF7RAL INFORMATION Applicant LECCO Industries Inc. Requested Action specific use permit to operate a specialty insulation manu- facturing contractor in a GC-MD (General Commercial - Multiple Dwelling) district Location 5480 Washington Boulevard Size 355 x 200; 1. 39 acres PLKKNING STAFF RECOMMENDATION The Planning staff changed their previous recommendation for approval to denial on the basis of information provided at the ' ..;- time of the joint public hearing which did not comply with the eight conditions necessary for approval of a specific use permit. PLANNING COMMISSION RECOMMENDATION The Planning Commission recommended denial of the request by a vote of 5 to 0. PUBLIC NOTIFICATION AND RESPONSE Notices Mailed to Property Owners 16 Responses in Favor of Request 1 Responses Opposed to Request 0 ---- --- .:� _ FILE 854—P. REQUEST FOR SPECIFIC USE e — R A SPECIALTY CONTRACTOR'S '---- — PERMIT FO BUSINESS LOCATED 5480 41ASHINGTON. /`V•S"h f 1775 APPLICANT: LECCO INDUSTRIES ' nos r»s ..• afl V as* lr 11200 1, em �' St. s. *.PC sso i3 • 1m l «t • am«r «r .rc �3e�6 94 • ./I • -.--.r • k • c rr Ir as St71� . •tl 6 sro Ioo i Nc o for sm ..� , too"Wo am ssr s+r CC MA amwff so*- lff J _ 8 • m �.: h It ot LU 0 a 6 .!r K srr w l MA 04 .J w .w .ro for moo w db !v so eo �, do 50 'mmmmm°� WASHINGTON i " L.tSN/Ari70N OLYG subject GC— D t r► Ll • siLuR�� • f • I . ' PAW ' " • wa D�e1� V • 5�1� Lrs'G-' y - .tgwsdr el'Ns - �Z�C °� �, � � • " • • : . - •, aQ.L GAS ift i2cb,s9 ft. _ •d 9. . - � � �AvC� ,�j4•BC 1�A�JL� U _ w •�� . t�q iu RG-�_� O - i 2 L7.y� ,• c ."t..� _( - 5 ��• IJv �v 1 /"T ( ./L� -� /-f r- �� ...JCS �V ti� r� a{e �i e1.FyFI.iw R .i1/ 1.� 41 tM ICi iL NO ORDINANCE NO. i` r ENTITLED AN ORDINANCE ISSUING A SPECIFIC USE PERMIT FOR A SPECIALTY CONTRACTOR' S BUSINESS ON PROPERTY LOCATED AT 5480 s;F WASHINGTON BOULEVARD. WHEREAS, the Planning and Zoning Commission of the City of Beaumont considered the issuance of a specific use permit for a It contractor' s business on property located at 5480 spec:i a y to LECCO Washington Boulevard, Beaumont, Jefferson County, Texas, ies successors, and assigns Industries, Inc. , its legal representatives, roperty hereinafter described; and, for that certain p il is of the opinion that the WHEREAS, the City Counc 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 all conditions necessary for issuance of a specific ermit have been met and a specific use permit fora specialty use p contractor' s business on property located at 5480 Washington Boulevard, Beaumont, Jefferson County , Texas, in accordance with Section 30-26 and Section 30-40 of the Code of Ordinances of the City o Beaumont, as amended, is hereby granted to LECCO Industries, Inc. , of assigns for that certain its legal representatives, successors and tract described on Exhibit "A" attached hereto and made a part hereof for all purposes. E Section 2- granted That the specific use permit herein 9 d i$ expressly with each particular and detail of the issued for and in accordance w „g" and made a part hereof for site plan attached hereto as Exhibit all purposes• of Beaumont this the PASSED BY THE CITY COUNCIL of the City • 19- - day of Mayor - 2 - 18. December 2, 1983 Council Letter 174 Honorable Mayor and Members of City Council Subject: Request for Abondonment of 315-font Portion of Undeveloped Heritage Lane Right-of-Way A request by Robert LeJune to abandon a 315-foot portion of undeveloped Heritage lane right-of-way was reviewed on November 21, 1983 at the joint public hearing of the Planning Commission and City Council . Existing utilities include a buried cable owned by Southwestern Bell and a 6-inch sanitary sewer owned by the City. The Planning staff recommended approval of the request subject to retention of the entire right-of-way as a general utility easement. The Planning Commission recommended approval of the request subject to this condition by a vote of 5 to 0. It is recommended that this request be approved. Karl Nollenberger City Manager TO: Planning Commission , FROM: Planning Department SUBJECT: Request to abandon a 315-foot portion of undeveloped Heritage Lane right-of-way; scheduled for regular meeting on November 21, 1983. * STAFF REPORT GENERAL INFORMATION / 05—OB Applicant Robert LeJune �T' �J Status of Applicant property owner Requested Action right-of-way abandonment Purpose of Request enclose property Property Description Heritage Lane far 315 feet north of 8000 Block of Collier -Existing Zoning and Land Use RS, single family residential EXISTING UTILITIES ' *ahwestern. Bell has a buried cable parallel with the western y ba»ndary of the right-of-way; a 6-inch sanitary sewer is located parallel with the eastern boundary. ANALYSIS All other-City departments and public utilities have submitted their respective approval. RECOMMENDATION ` 'The staff recommends approval of the request subject to retention of the entire right-of-way as a general utility easement. 0 5 l J. :.tom�i1 �`1 i 0 __. _. ABANDON HERITAGE LANE RIGHT- « « _: •. ,�. / OF-WAY FROM COLLIER NORTH FOR 315 FEET. APPLICANT: ROBERT LEJUNE. or of N M N1 tirl Aa IJA 3 + - t Y r f • �, : • %11200 ` �► ' t • Z • t 3 s.a or f + • '•'rg1L/IrE LA c w $ Zk p �. �d so ! t • 4k ft w s ti • ti • v Z' s- z ! v � • t ♦ AM subject - w L lf9( 94 $33 40 .JS 93 SO s i1c.9$ An od to Aw MAI , ► IIO '•� 9f _ • ♦ � — IMAE � L-AME � Ar h f 210 so t�r r t Ml L yo • t - ti l3 Sf) » I •3 m. I 31 87 fell site • ws•Ja'I I Aw 1w w-a 60-9 �3" • � JI/L L md r 1 I • LIM! Ioo rs/ 19. December 2, 1983 Council Letter 166 Honorable Mayor and Members of City Council Subject: Approval of Contract for Pit Sand and/or Clay bids were received from five vendors for approximately -On November 7, 1983 to be used as cover material for 25,000 cubic yards of pit sand and/or, clay ►e Pine Street landfill . This contract will used asrcoverxmaterhalefordthed t} it sand will be it is anticipated that the p will be used day-to-day operations of the Pine Street site tand that landfill the llocation. as a beginning of the final co The bids are as follows: Pit Sand Pit Sand Clay Clay FOB Pit Delivered FOB Pit Del red -- Beeco; Vidor $3'18 $1.25 $3.18 (3 miles E. of Neches $1.25 cu. yd. cu. yd. cu. yd.d y . , River of IH-10) cu 3.75 M.E.H. Materials; Beaumont $1.85 $3.75yd• $cu85 $ yd. cu. yd. (End of Signer Road) cu. y d. .95 $3.50 - Maco Construction Co. ; Nederland $2.75 $cu25 $ CU. yd. yd. cu. yd_ cu. yd. (Highway 69; Nederland) 1.74 $3.53 Rose City Sand Corp. ; Beaumont $cu. yd. cu.$3.53 cu. yd. $cu. yd, cu. yd. cu. (IH-10 Vidor) $1.43 $4.47 Guthrie Dirt Pit; Beaumont $2.00 $4..55 0 yd. cu. yd, cu. yd. (West Pt. Arthur Road) cu. yd' The bid of Beeco Materials Company is the low bid for the total estimatofdNeder- quantities outlined in the specifications. Macf Construction FOBtheopit; but due land bid 30 cents a cubic yard less than Beeco for clay FOB our actual cost the distance difference to the landfill site from the p sportation of the materials be Beeco. Funding P urchase and tran in the Sanitation Landfill with an approximate for these materials are m total cost for the 25,000 cubic yards of $ick2u0 teeseemateriais7at5tthheFpBitthe landfill . will site. and not pay It is recommended that the bid of Beeco Materials Company be approved. k2j_ Karl Nollenberger City Manager AG NO --- R E S O L U T 10 •N t' WHEREAS, bids were received for a six months contract for pit sand and/or clay; and, WHEREAS, geeco of Vidor, Texas submitted the following bid; $1.25/cY pit Sand - F .O. B. pit site 3. 18/cy Pit Sand - Delivered-- F .O.B. pit site 3.18/cY to landfill 1.25/cY Clay Clay - Delivered to landfill and, inion that the bid WHEREAS, the City Council is of the op submitted by Beeco is the lowest and best bid and should be accepted; NOW , THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAU80NT: f amount stated above be accepted by the THAT' the bid of Beeco in the er be, and he is hereby , Manager City of Beaumont and that the City with Beeco for pit authorized- to enter into a six months contract sand and/or clay. of Beaumont PASSED BY THE CITY COUNCIL of the City 19__• this the _ day of - Mayor - 1 20. December 2, 1983 Council Letter 165 Honorable Mayor and Members of City Council Subject: Firefighters Pension Plan Beaumont firefighters are members of a local pension fund. All other City employees are members of the Texas Municipal Retirement System. The 1983 Texas Legislature amended the law governing firemen's pension funds to al- low such funds to become qualified pension plans so that federal income taxes are deferred on individual contributions. Effective January 1, 1984, federal income taxes on each firefighter's contribution (10 percent of salary) will be deferred. This is a significant tax advantage for covered employees. The change must be approved by the firefighters, the City, and the Internal Revenue Service. The firefighters approved the change by a 10 to 1 margin. The Council will be asked to adopt an ordinance approving the change on Tuesday, December 6th. Following Council approval , the pension fund's actuary will submit the change for IRS approval , which should be routine. Similar changes in the Texas Municipal Retirement System will be effective January 1, 1984. It is recommended that this ordinance be adopted. Karl Nollenberger . - City Manager ORDINANCE NO. ENTITLED AN ORDINANCE PERMITTING BEAUMONT ; FIREFIGHTERS WHO ARE MEMBERS OF THE BEAUMONT FIREMEN' S RELIEF AND RETIREMENT FUND TO G; DEFER FEDERAL INCOME TAXES CONTRIBUTIONS TO THE PENSION TIME CONTRIBUTIONS ARE MADE TO THE LATER TIME BENEFITS ARE RECEIVED; PROVIDING FOR SEVERABILITY ; AND PROVIDING FOR REPEAL. WHEREAS, the City Council of the City of Beaumont recognizes the desirability of enabling its firefighters to defer payment of a part of their federal income taxes; and, { WHEREAS, the State Firemen' s Relief and Retirement Law was L amended by the 1983 Session of the Texas Legislature in H .B. 1679 to permit firefighters to defer payme nt of federal income taxes on their monthly contributions to the pension fund; and, WHEREAS, the firefighters elected this income tax deferral option by a majority of the 236 participating members of the fund, voting by secret ballot, on October 17 , 18 and 19 , 1983. One hundred forty-one ( 141) voted in favor of income tax deferral and 14 voted against this change. The 141 voting in favor constitute a majority of the 236 participating members of the fund; and, WHEREAS, the Board of Trustees of the pension fund is seeking an Internal Revenue Service determination that the firefighter' s pension plan is a qualified retirement plan under Section 401( a) , Federal Internal Revenue Code, and its related trust is tax exempt under Section 501( a) , Federal Internal Revenue Code; NOW , THEREFORE, BE IT ORDAINED BY THE CITY OF BEAUMONT: THAT Beaumont firefighters who are members of the Beaumont Firemen' s Relief and Retirement Fund shall be permitted to defer federal income taxes under the terms of Section 10F(a) and Section 1OF(b) of the State Firemen' s Relief and Retirement Law , as amended, subject to a favorable determination by the Internal Revenue Service that the firefighters' pension plan is a qualified retirement plan. PASSED BY THE CITY COUNCIL of the City of Beaumont this 6th day of December, 1983. Mayor - 2 - 21. December 2, 1983 Council Letter 188 Honorable Mayor and Members of City Council Subject: Allocation of Social Service Facility Rehabilitation Funds Pursuant to the Work Session discussion of November 22nd, a resolution has been placed on the agenda approving the allocation of funds provided for social service facility rehabilitation in the fiscal year 1983 Community Development Block Grant Program. The $248,000 available for this purpose includes $100,000 in budget program funds and $148,000 in Jobs Bill Statement funds. According to the recommen- dation of the CDBG Citizens Advisory Committee, the money would be allocated to the YWCA in the amount of $168,000 and Land Manor-Main House, in the amount of $80,000 for projects proposed in their applications. The funds allocated to the YWCA would provide for a complete rehabilitation of the organization's building at 660 Calder. The allocation for Land Manor- Main House, at 1608 Orange, would be for Phase II of an ongoing remodeling program to include construction of a second floor porch, installation of a new porch roof and gutters and restoration of columns and balustrade paint. The resolution would also authorize execution of contracts with the re- cipients of performance of the work proposed. I1t is recommended that this resolution be adopted. Karl Nollenberger City Manager COMMUNITY DEVELOPMENT BLOCK GRANT SOCIAL SERVICE FACILITY REHABILITATION PROJECT PROPOSALS SUMMARY 1983 FUNDS AVAILABLE $248,000.00 AMOUNT HUMAN SERVICES CAC'S PROJECTS REQUESTED SUBCOMMITTEE RECOMMENDATION RECOMMENDATION Land Manor - Main• House $113,000.00 $ 80,000.00 $ 80,000.00 Central Day Care 27,700.00 - 0 - - 0 - Fairway Houses, Inc. 38,248.00 - 0 - - 0 - Goodwill Industries 15,575.00 - 0 - - 0 - Some Other. Place 15,000.00 - 0 - - 0 - Stewart's Halfway House, Inc. 41,000.00 - 0 - - 0 - YMCA - Melton Branch 21,000.00 - 0 - - 0 - YWCA :- Main Building 168,000.00 168,000.00 168,000.00 TOTAL $443,523.00 $248,000.00 $248,000.00 . 1 8. December 2, 1983 Council Letter 173 Honorable Mayor and Members of City Council Subject: Request for Zoning Change and Specific Use Permit at 9925 Old Voth Road A request by T.W. Atwood for a zoning change from RS (Residential Single Family) to RM-H (Residential Multiple Family-High Density) and a Specific Use Permit for property at 9925 Old Voth Road was reviewed at the joint public hearing of the Planning Commission and the City Council on November 21, 1983. The Planning staff recommended denial of the request because it is contrary to land use principles which state that high density multi-family land uses should be located only along major arterials and not originate in mid-block; the request is contrary to the City's Comprehensive Land Use Plan; and the request fails to meet two of the eight conditions necessary for approval of a Specific Use Permit. Eleven notices were mailed to property owners and one response was received in favor. The Planning Commission recommended denial of the request by a vote of 6 to 0. It is recommended that this request be denied. l i1 `I V Karl Nollenberger City Manager TO: Planning Commission'and City Council FROM: Planning Department SUBJECT: Request for zone change from RS to RM-H and a specific use permit to operate a beauty shop on property located at 9925 Voth Road; scheduled for joint public hearing on November 21, 1983. * STAFF REPORT GENERAL INFORMATION Q Q 9O_Z/P _ Applicant — T. W. Atwo.od Status cif Applicant property owner Requested Action zone change from RS to RM-H (Residential Multiple Family - High Density) and specific use permit for beauty shop Existing Zoning RS (Residential Single Family) Location 9925 Old Voth Road Size 196 x 250, 1. 1 acres Existing Land Use residential Surrounding Zoning and Land Use north - RS, residential east - RS (across Old Voth Rd) , vacant south - RS, vacant (GSU power line easement) west - RS, vacant Physical Features entire tract measures 196 x 1875 (8. 37 acres) Comprehensive Plan Stable Area SPECIAL INFORMATION Public Utilities Sanitary Sewer: 10 inch line Storm Drainage: open ditches north to. Pine Island Bayou Water: 16 inch line 890-Z/P RS to RM-H and SUP Page 2 SPECIAL INFORMATION (cont'd) ` Streets Old Voth Road is designated as a residential collector and has a 60-foot right-of-way and 18-foot pavement. Fire Protection Station #8 , 6297 Highway 105 ZONE CHANGE: ANALYSIS - Surrounding land use is entirely low density single family uses. - The request is contrary to land use principles which state that high density multi-family land uses should be located along major arterials and not originate in mid-block. - An approved zone change will generate similar requests in the future in order that compatibility of land uses can be maintained. - The request would constitute "spot zoning" in that it grants a privilege or right to use a piece of property in a more intense manner than is being granted similar properties in the same vic -nity. The request is not in accordance with the comprehensive plan. RECO s-RTDATION The staff recommends denial of the request. The request is based on: - the site is contrary to land use principles which state that high density multi-family should be on major arterials; - the request is contrary to the comprehensive plan. -SUP : ANALYSIS See Specific Use Permit Review. 890-z/P RS to RM-H and SUP Page 3 RECOMMENDATION VA Based on Thep tisfied, the proposed osed use fails to satisfy Conditions 1 and 8. that all eight conditions must be sa the requirement staff recommends denial. PUBLIC NOTIFICATION AND RESPONSE Notices Mailed to Property owners 11 Responses in Favor of Request Responses Opposed to Request SPE=CIFIC USE PERMIT REVIEW 890-Z/P ORDINANCE REQUIREMENTS PROPOSAL 1. Description pf processes and----=------- beauty shop, one employee activities. 2. Boundaries of area covered by site------ eastern 196 x 250 ' , Tract plan with dimensions. 65, W. B. Dyches Survey, Abstract 17 3. Existing and proposed building locations with: - number of stories; ----------- ------ one - height; ------------------------------ 15 gross floor area; --------------- --- 12 x 24, modular building entrances and exits. ----------------- from Old Voth Road 4. Existing drainage locations and --------- to open ditches in Old Voth direction of flow. Road 5. Proposed landscaping and screening ------ no proposal I buffers. 6. Location and dimensions of: - curb cuts (existing and proposed) #----one at 20 feet - public and private streets, showing --Old Voth Road: 60 ' row rights-of-way widths; narking and loading areas;------------parking in rear of residence pedestrian walks; --------------------none -- exterior lighting; -------------------no Proposal trash' storage locations; -------------normal residential collec- tion 7. Fences or screening provisions ----------none showing location, type and height. 8. Sign height, location and dimensions.----none 890-Z/P COMMONS FOR APPROVAL; A Specific Use Permit shall be issued only if aTl of the following conditions have been found: • Ik 1) That the specific use will be compatible with and not injurious to the use and enjoyment of other property, nor significantly diminish or impair property values within the immediate vicinity; Zone change to RM-H will place surrounding property owners at a disadvantage. Future development of RS properties is impaired until zoning pattern is made compatible. 2) That the establishment of the specific use will not impede the normal and orderly development and improvement of surrounding vacant property; The zoning change to RM-H will require future zone -changes. Vacant RS property east of Old Voth Road will require similar or less restrictive district. 3) That adequate utilities, access road, drainage and other necessary supporting facilities have been or will be provided; Existing utilities are adequate for service. 4) The design, location and arrangement of all driveways and parking spaces provides for the safe and convenience movement of vehicular and pedestrian traffic without adversely affecting the general public or adjacent developments; Driveways and parking are adequate. 5) That adequate nuisance prevention measures have been or will be taken to prevent or control offensive odor, fumes, dust, noise and vibration; Proposed use will generate none of the five environmental nuisances. 6) That directional lighting will..be provided so as not to disturb or ad- versely affect neighboring properties; Proposal has no exterior lighting. 7) That there are sufficient landscaping and screening to insure harmony and compatibility with adjacent property; No additional landscaping proposed. Property is heavily wooded. 8) That the proposed use is in accordance with the comprehensive plan; The request is not in accordance with the comprehensive plan. TO: City Council FROM: Planning Department SUBJECT: Summary of Planning Commission action on request for zone change from RS to RM-H and a specific use permit to operate a beauty shop on property located at 9925 Voth Road (890-Z/P) ; November 21, 1983. GENERAL INFORMATION Applic-ant T. W. Atwood Requc:,:2d Action zone change from RS (Residential Single Family) to RM-H (Resi- dential Multiple Family - High Density) and specific use permit for beauty shop Location 9925 Old Voth Road Size 196 x 250 , 1. 1 acres PLANNING STAFF RECOMMENDATION The staff recommended denial of the request for a zone change on the1 --jasis that the site is contrary to land use principles which statl, , that high density multi-family should be on major arterials and -the request is contrary to the comprehensive plan. In addition, the -staff recommended denial of the specific use permit on the bass that it failed to satisfy Conditions 1 and 8. PLANNING COMMISSION RECOMMENDATION The Planning Commission recommended denial of the request by a vote of 6 to 0. .PUBLIC NOTIFICATION AND RESPONSE Notices Mailed to Property Owners 11 Responses in. Favor of Request 1 Responses Opposed to Request 0 FILE 890-Z/P. REQUEST FOR ZONE CHANGE RS TO RM-H AND A S.U.P. FOR A BEAUTY ,s es uro SHOP LOCATED 9925 OLD VOTH ROAD. r I APPLICANT: T. W. ATWOOD I n HURLEY 1/2 0 0 ,A x ,� C c : w V• CD CD CD to 233' k RS subject a C o v r MD O ' RS 0 - a s 0 . I AGES �' F NO. 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 FROM RS (RESIDENTIAL SINGLE FAMILY) DISTRICT TO RM-H (RESIDENTIAL MULTIPLE DWELLING - HIGH DENSITY) DISTRICT ON PROPERTY LOCATED AT 9925 OLD VOTH ROAD; PROVIDING FOR SEVERABI-LITY; 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 30-5B thereof, is hereby amended by changing the zoning classification from RS (Residential Single Family) District to RM-H (Residential Multiple Dwelling - High Density) District on property 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 3.0 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 i any reas�i be held to be should f°r portions ° circumstances► not affect the remaining p persons or and provisions invalidity shall portions invalid, such various ordinance, and to such end the this re declared to be severable. of this ordinance a Section 4 • conflict s or p of ordinances in That all ordinance arts the conflict only - herewith repealed to the extent of herewith are $ection 5 • of this on who violates any provision That any pets pun as provided in Section ce shall, upon conviction, be p Texas. ordinance of Beaumont, this the 1_8 of the Code of Ordinances the City of Beaumont ASSED By THE CITY COUNCIL of p 19� —• day of Mayor - � r 2 NO '�-• ORDINANCE NO. ENTITLED AN ORDINANCE ISSUING A SPECIFIC USE PERMIT FOR A BEAUTY SHOP ON PROPERTY LOCATED AT 9925 OLD VOTH ROAD. WHEREAS, the Planning and zoning Commission of the City of Beaumont considered the issuance of a specific use permit for a beauty shop on property located at 9925 Old Voth Road, Beaumont, Jefferson County, Texas to T . W. Atwood, owner, his legal representatives, successors, and assigns for that certain property hereinafter described; 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 all conditions necessary for issuance of a specific use permit have been met and the specific use permit for a beauty shop on property located at 9925 Old Voth Road, Beaumont, Jefferson County, Texas, in accordance with Section 30-26 and Section 30-40 of the Code of Ordinances of the City of Beaumont, as amended, is hereby granted to T . W. Atwood, owner, his legal representatives, successors and assigns for that certain tract 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. PASSED BY THE CITY COUNCIL of the City of Beaumont this the day of ' 19 Mayor - 2 - 9. December 2, 1983 Council Letter 184 Honorable Mayor and Members of City Council Subject: Request for Zone Change at 2876 Kitchner The request for a zone change from GC-MD (General Commercial-Multiple Dwelling) to RS (Residential Single Family) for property located at 2876 Kitchner was considered on November 21, 1983, at a joint public hearing of the Planning Commission and City Council . The applicant, Elvinia Mahoney, intends to con- _ struct a new single family residence at this location. The Planning Department staff recommended approval of the request and the Planning Commission unanimously approved the request. It is recommended that the request be approved. y�� r Karl Nollenberger U City Manager TO: Planning Commission and City Council FROM: Planning Department SUBJECT: Request for zone change from GC-MD to RS on property located at 2876 Kitchner; scheduled for joint public hearing on November 21, 1983. * STAFF REPORT GENERAL INFORMATION 893-Z_. Applicant Elvinia Mahoney Status of Applicant property owner Requested Action zone change from GC-MD to RS (Residential Single Family) Representative Uses in RS single family dwellings, golf courses, membership recreation clubs, cluster housing, mobile home park (with specific use permit) Purpose construct new single family residence Existing Zoning GC-MD (General Commercial - Multiple Dwelling) Locat on 2876 Kitchner Size 124 x 113. 5, 0. 2 acre Existing Land Use vacant Surrounding Zoning and Land Use north - GC-MD, vacant east - GC-MD, vacant south - GC-MD, residential west - (across Kitchner) GC-MD, vacant Physical Features property exceeds minimum RS lot size Comprehensive Plan Stable Area Page 893-Z GC-MD to RS Page 2 SPECIAL INFORMATION Public Utilities Sanitary Sewer: 6 inch line Storm Drainage: open ditch to north Water: 6 inch line Streets Kitchner is designated as a local street and has a 40-font right-of-way and 14-foot pave- ment. Fire Protection Station #2, Wilson and Ironton ANALYSIS Surrounding land uses demonstrate that existing GC-MD zoning is inappropriate at the subject location. The request will create no adverse effects on surrounding land owners. The request is in accordance with the comprehensive plan. Kitchner is a local street with no commercial uses. RECOMMENDATION r The staff recommends approval of the request. The recommendation is based on: - Kitchner is a local residential street; - surrounding land uses are contrary to GC-MD zoning; and - the request is in accordance with the comprehensive plan. PUBLIC NOTIFICATION AND RESPONSE Notices Mailed to Property Owners 17 Responses in Favor of Request Responses Opposed to Request TO: City Council FROM: Planning Department SUBJECT: Summary of Planning Commission action on request for zone change from GC-MD to RS on property located at 2876 Kitchner (893-Z) ; November 21, 1983. GENERAL INFORMATION Applicant Elvinia Mahoney Requested Action zone change from GC-MD (General Commercial - Multiple Dwelling) to RS (Residential Single Family) Purpose construct new single family residence Location 2876 Kitchner Size 124 x 113. 5, 0. 2 acre PLANNING STAFF RECOMMENDATION = The staff recommended approval of the request on the basis that Kitchner is a local residential street, surrounding land uses are contrary to the GC-MD zoning and the request is in accordance with the comprehensive plan. PLANNING COMMISSION RECOMMENDATION The Planning Commission recommended approval of the request by a vote of 6 to 0. PUBLIC NOTIFICATION AND RESPONSE Notices Mailed to Property Owners - 17 Responses in Favor of Request 2 Responses Opposed to Request 1 FILE 893-Z. REOUEST FOR ZONE CHANGE GC-t1D TO RS DISTRICT LOCATED { 2 - _ 6,9 ce as • I 2876 KITCHNER.?I AOrR =L v DELAWARE t APPLICANT: ELVINIA MAHONEY j - — a ��° I I l I I I J t I I I •PO r♦ � w tat • to � I � I I � 11200 r a �p : -- O /J �• et �`'! N e1 ff I N /l q t/ t a I - 1 1----v D-S , 6LdS SHDUSIE • Jr "� 69 39 90 N I i e► 11 OO IO i(O1 T pr R b t! R rl R N .w ` 1 I I t I i 1 I l ! I $ ,I t J 1 J 6 r li � I . ;I JJ f l I ; Q 7Y 3/ sd �J 7V�}l �. I e, N ,: I 'a , . lea lI dC r, .101 - � 50 Ar _ f ; Gl:� D, i . J I subjedt ;�- a s. �� r�tf• \ APO � � _ � O � W m � — tC- \ t e04 •O�I \ ! ROAD. 0 CO ' f V NO- 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 FROM GC-MD (GENERAL COMMERCIAL - MULTIPLE DWELLING) DISTRICT TO RS (RESIDENTIAL SINGLE FAMILY) DISTRICT ON PROPERTY LOCATED AT 2876 KITCHNER; 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 30-5B thereof, is hereby amended by changing the zoning classification from GC-MD (General Commercial - Multiple Dwelling) District to RS (Residential Single Family) District on property located at 2876 Kitchner, 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 regul-ations 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 day of 19 Mayor - doom - 2 - 10. December 2, 1983 Council Letter 171 Honorable Mayor and Members of City Council Subject: Request for Zone Change on East Side of Major Drive A request from Karl Kohler for a zone change from RS (Residential Single Family) to RM-H (Residential Multiple Family High-Density) for property located 1,300 feet south of Gladys on the east side of Major Drive was re- viewed at the joint public hearing of the Planning Commission and City Council on November 21, 1983. The Planning staff recommended approval of the request on the basis that the request is consistent with land use principles for locating high-density multiple family zoning on major arterials; utilities are adequate, and the request is consistent with the Comprehensive Plan. One response opposed to the request was received out of the 13 notices mailed to property owners. The Planning Commission recommended approval of the request by a vote of 5 to 0. It is recommended that this request be approved. a-"-k 1 otu Karl Nollenberger City Manager TO: Planning Commission and City Council FROM: Planning Department SUBJECT: Request for zone change from RS to RM-H for property located 1300 feet south of Gladys on the east side of Major Drive; scheduled for joint public hearing on November 21, 1983. * STAFF REPORT GENERAL INFORMATION 896-Z Applicant Carl Kohler Status of Applicant engineer for owner, Sam C. Parigi , Jr. Requested Action zone change from RS to RM-H (Residential Multiple Family- High Density) Representative Uses in RM-H single family dwellings, two family dwellings , multi- family dwellings, cluster housing, home occupations Purpose apartment development Existing Zoning RS (Residential Single Family) Location 1300 feet south of Gladys on the east side of Major Drive Size 6. 9 acres (250 x 1200) Existing Land Use vacant Surrounding Zoning and_Land Use north - RM-H, townhomes east - RS, 75-foot drainage ditch south - RS, single family west - (across Major) RM-H; apartments Physical Features eastern boundary is drainage easement Comprehensive Plan Stable Area File 896-Z RS to RM-H Page 2 SPECIAL INFORMATION Sanitary Sewer: 54 inch line Public Utilities in Major Storm Drainage: to Drainage District #6 ditch on east Water: 24 inch line in Major Streets Major Drive is designated as _ a major arterial and has a30- 150-foot right-of-way foot pavement. Fire• Protection Station #9 , 7010 Gladys ANALYSIS The request is consistent with the land use principle which states that high density multi-family should be located along major streets. Existing utilities are adequate to support multi-family develop- ment. The subject property is bordered by RM-H zoning to the north ' and west. The request is in accordance with the comprehensive plan. RECOMMENDATION The staff recommends approval of the request. Approval is based on: the request is consistent with land use principles for locating high density multi-family on major arterials ; - utilities are adequate; and - the request is consistent with the comprehensive plan. PUBLIC NOTIFICATION AND RESPONSE FMailed to Property Owners 13 es in Favor of Request Responses Opposed to Request TO: City Council Planning Department FROM: action on request or of Planning C' RM-H on located • Summary g for property Drive SUBJECT• e. from RS to Rt side of Major zone Chang f Gladys on the east feet southo enber 21, 1983' ,,96-Z) ; GENERAL INFORMATION Carl Kohler Applicant a from RS (Resi- zone Chang le Family) to dential Sing Requested Action a (Residential Multiple Family - High Density) apartment development Purpose 1300 feet south of Gladys on Location the east side of Major Drive 6 .9 acres (250 x 1200) Size PLANNING STAFF RECOMMENDATION royal of the request on the basis that principles for locating The staff recommended approval arterials, utilities are plan. the request is consistent with use P the comprehensive p high density multi-f q uate, and the request is consistent with PLANNING COMMISSION RECONDATION royal of the request by a aPP The Planning Commission recommended vote of5to0. PUBLIC NOTIFICATION AND RESPONSE Notices Mailed to Property Owners 13 Request 0 Responses in Favor of Req 1 Responses Opposed to Request FILL 896-Z. REQUEST FOR ZONE CHANGE RS TO RTT7- ON PROPERTY LOCATED 1300 • -- FEET SO\ OF GLADYS ON-MAJOR-DR. - �_ PLLC NT;RP q CARL KOHLER _ � ; \ � .lf• ��' We•nsa. a..s t -- .. , •� I t / - - J1IO.f .J►w IN if NTS Ilu GLADYS \ I. . ••a '•' •l•O►/ 1•1-. 1 RM—HD,, 2 . D0VJLEt4 c;7 • \ 1 r � • a r � • � w � N � r � w w 1 urt.s � •.+rs GC—MD cc V • 1 I IfN1•.-Ir O ' _ GCMD \ Aa w•II. Iw .• � os 'wi a ± wC• \V• tv RM"H- RM9-.63 0 y .i... .w1•I /. I - w • 105t.29' ` N � p 3. i V-7 .. -• A O O , I. J n e. w •• I •. 11r H a Lu Y •I QII — ^ • N • � w f. II O O H r• � I. ... Z2.i �7 � 5 1 • op \ \ I I. II • r : •• • 1 1 , r I •,. SHENANDOAH « » •. •• \ h ` At 51WIL of It 411b NO �� ORDINANCE NO. f 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 FROM RS (RESIDENTIAL SINGLE FAMILY) TO RM-H (RESIDENTIAL MULTIPLE DWELLING - HIGH DENSITY) DISTRICT ON PROPERTY LOCATED ON THE EAST SIDE OF MAJOR DRIVE APPROXIMATELY 1300 FEET SOUTH OF GLADYS; 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 30-5B thereof , is hereby amended by changing the zoning classification from RS (Residential Single Family) District to RM-H (Residential Multiple Dwelling-High Density) District on property 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 this the day of 19 Mayor - - 2 - 14 11. December 2, 1983 Council Letter 183 Honorable Mayor and Members of City Council hange and a Specific Use Permit at 695 Chamber- Subject: Request for Zoning C lin he re uest for a zoning change from R-3 (Modifiend theFissuance lofpaeSpecific g) T 4 to GC-MD (General Commercial-Multiple Dwelling a Use Permit for property located at 695 Chamberlin was considered at a joint _ public hearing of the Planning Commission and the City Council on vember 21st. The applicant, John Palumbo, made the requests food sales warehouse. The Planning staff recommended approval of the zone change on the basis that GC-MD (General Commercial-Multiple Dwelling) will act as a buffer. The staff also recommended that the Specific Use Permit be approved as all the eight conditions required were met. The Planning Commission concurred in the recom- mendation of the requests. It is recommended that the requests be approved. Karl Nol 1 enberger City Manager r TO: Planning Commission and City Council FROM: Planning Department SUBJECT: Request for zone change from R-3 to GC-MD and a specific use permit to establish a snack food sales warehouse at 695 Chamberlin; scheduled for joint public hearing on November 21, 1983. * STAFF REPORT GENERAL INFORMATION V 9 V+Z/p Applar�nt John F. Palumbo Stag:= of Applicant prospective buyer Requested Action zone change from R-3 to GC-MD (General Commercial - Multiple Dwelling) and a specific use permit Purpose establish a snack food sales warehouse Existing Zoning R-3 (Modified Two Family and Multiple Dwelling) Locar;on 695 Chamberlin Size 100 x 399 , 0. 91 acres Existi:ig Land Use vacant Surrounding Zoning and Land Use north - R-3, commercial east - HI , scrap metal salvage yard south - GC-MD, commercial west - (across Chamberlin) R-3, ` single family residence Physical Features 100 feet of frontage Comprehensive Plan Stable Area SPECIAL INFORMATION Public Utilities Sanitary Sewer: 8 inch line Storm Drainage: open ditch in Chamberlin Water: 2 inch line 898-Z/P R-3 to GC-MD and SUP Page 2 SPECIAL INFORMATION (cont'd) Streets Chamberlin is designated as a local street and has a 60- foot right-of-way and 18-foot pavement. Fire Protection Station #6 , 1155 Glendale ZONE CHANGE: ANALYSIS - Although Chamberlin is a local street it carries commercial traffic from Maitland on the north and College on the south. This forces residential traffic from Chamberlin to be at a disadvantage. - Uses in a more restrictive district (RM-H, RM-M, RS) would suf- fer detrimental environmental effects (noise, fumes , vibrations) of light and heavy industrial uses to the east and north. - The eight R-3 zoned lots on Chamberlin exceed GC-MD minimum area requirement. - GC-MD zoning will allow development of commercial uses of a lesser intensity than those allowed in LI or HI districts. This is consistent with the comprehensive plan. - All of the other effects of commercial development are already present. A change to GC-MD would not have a marked change in existing use patterns. - The request for GC-MD is in accordance with the comprehensive plan. RECOMMENDATION The staff recommends approval of the request for GC-MD. Recommenda- tion is based on: - GC-MD will buffer land uses on Chamberlin; and - a change to GC-MD is consistent with the comprehensive plan. i • a��a—z/P R-3 to GC-MD and SUP Page 3 SUP: ANALYSIS See Specific Use. Permit Review. RECOMMENDATION Staff recommends approval of the specific use permit based on the applicant' s compliance with the eight conditions necessary for approval. PUBLIC NOTIFICATION AND RESPONSE Notices Mailed to Property Owners 11 Responses in Favor of Request. Responses Opposed to Request SPECIFIC USE PERMIT REVIEW 898-2;/P ORDINANCE REQUIREMENTS . PROPOSAL - office and warehouse for 1 Description of processes and--"'----- snack food distributor; activities. 3 salesmen; Monday-Friday, 7-8 a.m. and 1-3 p.m. area covered by site Lot 8 , Block 4 , Caldwood =B,'%�dwai ies of a Acres, 100 x 393, 0. 91 th dimensi ons. acre 3. Existing and proposed building locations with: one - number of stories; _______________ 14 feet height; ------------- -------------- 3000 sq. ft. �- gross floor area; -' __- __ -- from Chamberlin - entrances and exits. -'-"'---- r4 . Existing drainage locations and ---'-'- -- to open ditch in Chamberlin direction of flow. app i.cant s ows natural 5. Proposed landscaping and screening tree line on southern buffers. property line 6. Location and dimensions of: - curb cuts (existing and proposed) $" --two at 12' each - public and private streets, showing --Chamberlin: 60 ' right-of- rights-of-way widths; way; 181 pavement - narking and loading areas;------------ --- - parking for 6 cars __ none - pedestrian walks; - -' _____security light at front and -- exterior lighting; --- ---- rear - trash storage locations; -- _______none '7, Fences or screening provisions -- --none - showing location, type and height. 8. Sign height, location and dimensions.----none 898-Z/P CONDITIONS FOR APPROVAL: A Specific Use Permit shall b a 1 o e o lowing conditions have beep found; a issued only if 1) That the specific use will be compatible with and not inurious use and enjoyment of other property, nor significantly diminish or the impair property values within the -immediate vicinity; Surrounding residentially developed area will be partial buffered from HI use east of Chamberlin. partially will be considered for rezoning thin6 m months properties improve property values. - this will 2) That the establishment of the specific use will not impede and orderly development and improvement of surrounding vacante ropert Surrounding vacant T.ropert Property; effects. y. zoned GC-MD will feel no adverse Abutting lot to north is owned by applicant's seller. 3) That adequate utilities, access road, drainage and other n supporting facilities have been or will be provided; ecessary Existing utilities and drainage are adequate for proposed use. 4) The design, location and arrangement of all driveways and provides for the safe and convenient movement of vehicular pand�nedestria traffic without adversely affecting the general p pedestrian developments; public or adjacent Parking and driveway area meets requirements. 5) That adequate nuisance prevention measures have been or Will to prevent or control offensive odor, fumes, dust, noise and be tto None of the five environmental nuisances are associatedn; with the proposed use. 6) That directional lighting -will be provided s versely affect neighboring o as not to disturb or ad- properties; Security"lighting will be located above front and rear entrances. Neighboring properties will not be adversely versel Y 7) That there are sufficient landscaping and screenin compatibility with adjacent property; 9 to insure harmony and Proposed landscaped area shown on site plan is adequate for proposed use. q to 8) That the proposed use is in accordance with The request is in accordance with the hcomm plan; comprehensive ensive plan. TO: City Council ' FROM: Planning Department SUBJECT: Summary of Planning Commission action on request for zone change fa°snack food Csalesn specific to establish warehouse at 695 Chamber- lin (898-Z/P) ; November 21, 1983 GENERAL INFORMATION Applicant John F. Palumbo Rer,-Qsted Action, zone change from R-3 (Modified Two Family and Multiple Dwelling) to GC-MD (General Commercial - Multiple Dwelling) and a specific use permit to establish a snack food sales warehouse Location 695 Chamberlin Size 100 x 399 , 0.91 acres _^ PLANNING STAFF RECOMMENDATION The staff recommended approval of the request for GC-MD on 'the basis that GC-MD will buffer land uses on Chamberlin and a change to GC-MD is consistent with the comprehensive plan. Staff recommended approval of the specific use permit on the basis that the applicant- has complied with the eight conditions necessary for specific use permit approval. PLANNING COMMISSION RECOMMENDATION FThe tPlanning commission recommended approval of the request by a e of 5 to 0. PUBLIC NOTIFICATION AND RESPONSE Notices Mailed -to Property Owners 11 Responses in Favor of Request 2 Responses Opposed to Request 0 _ ALE 898-Z/P. REQUEST FOR ZONE ChkH , - AND A S.U.P. FOR A CFFIC r= • AND RETAIL WA REHOUSE LOCATED 695 CHAMBERLIN. APPLICANT; ANTHQNY F. PALUMB0 n 11/200 c 9 r /YEAH S T .eo ••• , •„N be • w0 .00 �0 60 .o .00 .00 �� • r w I j w0 .00 sc .c.11 L�or o , u f � c • ---------------- %-C `C / 1 y _ s .o0 4 "a `' subject , Off im m E v v � - J _ •,, 1 V r r w 3 sw wt ,+ if r j w IV' I we r s•„ �_ , COLLEGE t coc c6E sr .., �' ,. NO- ORDINANCE NO. ENTITLED AN ORDINANCE- AMENDING QHAPTER 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 FROM R-3 (MODIFIED TWO FAMILY AND MULTIPLE DWELLING) DISTRICT TO GC-MD (GENERAL COMMERCIAL - MULTIPLE DWELLING) DISTRICT ON PROPERTY LOCATED AT 695 CHAMBERLIN; 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 30-5B thereof, is hereby amended by changing the zoning classification from R-3 (Modified Two Family and Multiple Dwelling) District to GC-MD (General Commercial-Multiple Dwelling) District on pronP, 3,-y located at 695 Chamberlin, as shown on Exhibit "A" attached here-,-C, and made a part hereof for all purposes, and the official :>1- ' -inap of the City of Beaumont is hereby amended to reflect such chanyes. 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 ai-ty 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 ordinancc 0-hall, upon conviction, be punished as provided in Section 1-8 of -'a Code of Ordinances of Beaumont, Texas. PASSED BY THE CITY COUNCIL of the City of Beaumont this the day of 19 - Mayor - ' - 2 - ,..J'R-.FT-,_,t✓[�.�� ilk L... k_.. ft'' NO.--.-----'�`�--- i ORDINANCE NO. ENTITLED AN ORDINANCE ISSUING A SPECIFIC USE PERMIT TO ESTABLISH OFFICES AND A PRODUCT STORAGE WAREHOUSE ON PROPERTY LOCATED AT 695 CHAMBERLIN. WHEREAS, the Planning and Zoning Commission of the City of Beaumont considered the issuance of a specific use permit to establish offices and a product storage warehouse on property located at 695 Chamberlin, Beaumont, Jefferson County , Texas, to John F . Palumbo, purchaser, his legal representatives, successors, and assigns for that certain property hereinafter described; 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 all conditions necessary for issuance of a specific use permit have been met and a specific use permit to establish offices and a product storage warehouse- on .property located at 695 Chamberlin, Beaumont, Jefferson County , Texas, in accordance with Section 30-26 and Section 30-40 of the Code of Ordinances of the City of Beaumont, as amended, is hereby granted to John F. Palumbo, purchaser, his legal representatives, successors and assigns for that certain tract described on 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. PASSED BY THE CITY COUNICIL of the City of Beaumont this the day of 19 Mayor - 2 - 12. December 2, 1983 IA Council Letter 175 Honorable Mayor and Members of City Council Subject: Request for Zone Change and Specific Use Permit at 8450 Highway 105 A request by Mark Busceme for a zone change from RM-M (Residential Multiple Family-Medium Density) to RM-M (Residential Multiple Family-High Density) and a Specific Use Permit at 8450 Highway 105 was reviewed on November 21, 1983, at the joint public hearing of the Planning Commission and City Council . The Planning staff recommended approval of the request for the zoning change on the basis that utilities are adequate and the request is consistent with the comprehensive plan. Approval of the Specific Use Permit was made on the basis that the applicant satisfied the eight conditions necessary for Specific Use Permit approval . The Planning Commission recommended approval of the request by a vote of 6 to 0. It is recommended that this request be approved. �- ,Q_t4 Karl Nollenberger City Manager TO: Planning Commission and City .Council FROM: Planning Department SUBJECT: Request for zone change from RM-M to RM-H and a specific use permit to establish a horticultural landscaping and retail sales business on property located at 8450 Highway 105; scheduled for joint public hearing on November 21, 1983. * STAFF REPORT GENERAL INFORMATION 89 1 _Z/P. Applicant Mark Busceme Status of Applicant prospective leasee; owner is Don Streety Requested Action 1. zone change from RM-M to RM-H (Residential Multiple Family - High Density) 2. specific use permit for horticultural specialties and retail sales Existing Zoning RM-M (Residential Multiple _ Family - Medium Density) .. Location 8450 Highway 105 Size 1. 04 acres Existing Land Use vacant Surrounding Zoning and Land Use north - RSandvac vacant ant south - (across -Highway 105) R3, single family west - RM-M, vacant Physical Features 130 feet of frontage on Highway 105 Comprehensive Plan Neighborhood Growth Unit 891-L/P RM--M to RM-H and SUP Page 2 SPECIAL INFORMATION Public Utilities Sanitary Sewer: 6 inch line in Highway 105 Storm Drainage: to open ditches in Highway 105 then east Water: 8 inch line in Highway 105 Streets Highway 105 is designated as a major arterial and has a 120-foot right-of-way and 40- foot pavement. Fire Protection Station #8, 6297 Highway 105 ZONE CHANGE : ANALYSIS - The request is consistent with land use principles which state that high density multi-family uses should be located along major arterials . - Utilities are adequate for possible high density multi-family uses. The request is consistent with the comprehensive plan. RECOMMENDATION Staff recommends approval of the request for RM-H. The recommenda- tion is based on: - utilities are adequate; and - request is consistent with comprehensive plan. SUP: ANALYSIS LSee-Specific Use Permit Review. RECOMMENDATION Staff recommends approval of the request based on the applicant 's compliance with the eight conditions necessary for specific use permit approval. . 891-Z/p RM-M to RM N and SUP- Page 3 PUBLIC NOTIFICATION AND RESPONSE - � Notices Mailed to Property Owners Responses in Favor of Request Responses Opposed to Request SPECIFIC USE PERMIT REVIEW 891_Z/F' ORDINANCE REQUIREMENTS PROPOSAL •• processes and----'- ---retail plant nursery: Dela- l. DE_scription of p ware Gardens; 9 a.m.-6 p.m. ; activities. 7 days; 4 full-time employees ; 2 part-time 2. Boundaries of area covered by site------127 x 360 ; 1.04 acres plan with dimensions. 3. Existing and proposed building locations with: 2 single story - number of stories; ----' ----- ---26 feet -• height; ------------ 60 x 40 greenhouse -• gross floor area; ----' 30 x 30 main building 105 -- entrances and exits. ---- ____---------entrance/exit from Hwy. -south to open ditch in 4. Existing drainage locations and -------- Highway 105 direction of flow- 5. roposed landscaping and screening ening - no proposal buffers. 6. Location and dimensions of: 2 at 20 feet each - curb cuts (existing and proposed)'-- - public and private streets , showing --Hwy. 105 : 120 ' row, 40 ' rights-of-way widths; pavement areas;------------9 parking spaces parking and loading 4ft. at main building - pedestrian walks; ---------- -- 6ft. at rear -- exterior lighting; -------------------* (see below) - trash storage locations; ---- ------6 x 4 trash bin c a in wi pane 4 �. Fences or screening provisions ----------weave surrounding rear; showing location, type and height. wooden rail fence on front and s and w st sides 8. Sign height, location and dimensions.---- 12 ft. cat frxnt center s and at front entrance *flood lamps above outdoor display area 891-Z/P (CONDITIONS FOR APPROVAL: A Specific Use Permit shall be issued only if all of the following conditions have been found: FA 1) That the specific use will be compatible with and not injurious to the use and enjoyment of other property, nor significantly diminish or impair property values within the immediate vicinity; Residential uses south of Highway 105 have over 200 feet of separation. The proposed nursery is low intensity use which is not characteristically injurious to enjoyment of resi- dential properties. 2) - That the establishment of the specific use will not impede the normal and orderly development and improvement of surrounding vacant property; Surrounding vacant properties are zoned RM-M. Proposed nursery will not impede multi-family development. 3) That adequate utilities, access road, drainage and other necessary supporting facilities have been or will be provided; Existing utilities are adequate for proposed use. -4) - The design, location and arrangement of all driveways and parking spaces provides for the safe and convenient movement of vehicular and pedestrian traffic without adversely affecting the general public or adjacent developments; Driveways and parking satisfy ordinance requirements. 5) That adequate nuisance prevention measures have been or will be taken to prevent or control offensive odor, fumes, dust, noise and vibration; Proposed use does not generate any of the five environmental nuisances. 6) That directional lighting will be provided so as not to disturb or ad- versely affect neighboring properties; _ Proposed outdoor security lighting will not affect neighboring properties. 7) That there are sufficient landscaping and screening to insure harmony and compatibility with adjacent property; Applicant' s alternative fencing is adequate screening for nursery use. Additional landscaped buffer is unnecessary. 8) That the proposed use is in accordance with the comprehensive plan; Retail plant nurseries are allowed in RM-H district with specific use permit. Request is in accordance with compre- hensive plan. PTO: City Council FROM: Planning Department SUBJECT: Summary of Planning Commission action on request for zone change from RM-M to RM-H and a specific use permit to establish a horticultural landscaping and retail sales business on property located at 8450 Highway 105 (891-Z/P) ; November 211 1983. GENERAL INFORMATION Applicant Mark Busceme Requested Action zone change from RM-M (Resi- dential Multiple Family - Medium Density) to RM-H (Resi- dential Multiple Family - High Density) and a specific use permit for horticultural specialities and retail sales Location 8450 Highway 105 Size 1. 04 acres PLANNING STAFF RECOMMENDATION The staff recommended approval of the request for the zone change on the basis that utilities are adequate and the request is con- sistent with the comprehensive plan. Staff recommended approval , of the specific use permit on the basis that the applicant satis- fied t:.e eight conditions necessary for specific use permit approva? . PLANNING COMMISSION RECOMMENDATION The Planning Commission recommended approval of the request by a vote of 6 to 0. _j PUBLIC NOTIFICATION AND RESPONSE F tices Mailed "to Property Owners 7 sponses in Favor of Request 1 Responses Opposed to Request 0 LL 6,1`L/ �4 L i 'JA LOI'.L RM-H TO RM-H�DISTRICT AND A S.U.P. ' ON 1.04 ACRE LOCATED 8450 HIGHWAY 105. APPLICANT: MARK BUSCEME n s RS "200 700' RM — M subject F"A-^ " srx r NIGHaar state Hi hwa 105 127 - i I s of •i sr a Ar of AV TOLi R TOLIVAR RS _ rA NO- �R !!sm 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 FROM RM-M (RESIDENTIAL MULTIPLE DWELLING - MEDIUM DENSITY) DISTRICT TO RM-H ( RESIDENTIAL MULTIPLE DWELLING - HIGH DENSITY) DISTRICT ON PROPERTY LOCATED AT 8450 HIGHWAY 105; 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 30-5B thereof, is hereby amended by changing the zoning classification from RM-M (Residential Multiple Dwelling - Medium Density) District to RM-H (Residential Multiple Dwelling - High Density) District on property located at 8450 Highway 105, as shown, 1 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 this the day of 19 - Mayor - 2 - ORDINANCE NO. ENTITLED AN ORDINANCE FOR THE ISSUANCE OF A SPECIFIC USE PERMIT TO ESTABLISH A HORTICULTURAL LANDSCAPING AND RETAIL SALES BUSINESS ON PROPERTY LOCATED AT 8450 HIGHWAY 105. WHEREAS, the Planning and Zoning Commission of the City of Beaumont considered the issuance of a specific use permit to establish a horticultural landscaping and retail sales business on property located at 8450 Highway 105, Beaumont, Jefferson County, Texas, to Mark Busceme, lessee, his legal representatives, successors, and assigns for that certain property hereinafter described; 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 all conditions necessary for issuance of a specific use permit have been met and a specific use permit to establish a horticultural landscaping and retail sales business on property located at 8450 Highway 105, Beaumont, Jefferson County, Texas, in accordance with Section 30-26 and Section 30-40 of the Code of Ordinances of the City of Beaumont, as amended, is hereby granted to Mark Busceme, lessee, his legal representatives, successors and that certain tract described Exhibit A attached , hereof for all purposes* assigns for • hereto and made a Part S�i°!' eXpressly use permit herein granted is the specific u detail of the That with each particular and red for and in accordance art hereof for issued hereto as Exhibit "B" and made a P site plan attached her a 1,L purposes. COUNCIL of tl�e City of Beaumont this the PASSED BY THE CITY day of Mayor _ 2 r 13. December 2, 1983 Council Letter 181 Honorable Mayor and Members of City Council Subject: Request for Zoning Change on 10-Acre Tract on Walden Road The request for a zoning change on Walden Road from AR (Agricultural Resi- dential) to LI (light Industrial) on a 10-acre tract located approximately 3,300 feet west of I-10 and the Walden Road intersection was considered on November 21, 1983 at a joint public hearing of the Planning Commission and City Council . The applicant, John Felton, has made the request in order to construct an operations center for Drainage District 6. The Planning Department recommended approval and the Planning Commission unanimously endorsed the request. It is recommended that the request be approved. Karl Nollenberger City Manager TO: Planning Commission and City Council Planning Department FROM: 9 P SUBJECT: Request for zone change from AR to LI on a 10-acre tract located approximately 3300 feet west of I-10 South on the north side of Walden Road; scheduled for joint public hearing on November 21, 1983. * STAFF REPORT GENERAL INFORMATION 895-Z Applicant John H. Felton Status of Applicant agent for owner J. C. Chance, Jr. Requested Action zone change from AR to LI (Light Industrial) Representative Uses in LI veterinary services , land- scaping services, oil and gas extraction, building construc- tion contractors , metalworking: machinery and equipment, con- crete, gypsum, and plastic product manufacturers Purpose office, operations and vehicle maintenance center for county drainage utility Existing Zoning AR (Agricultural Residential) Location approximately 3300 feet west of I-10 South on the north side of Walden Road Size 1244 x 350 , approximately 10 acres Existing Land Use north - AR, vacant east - AR, vacant south - AR, vacant west - AR, vacant Physical Features drainage easement forms part of northern boundary of tract Comprehensive Plan Industrial 895-Z AR• to LI Page 2 SPECIAL INFORMATION Public Utilities Sanitary Sewer: 72 inch line Storm Drainage: to drainage ditch near eastern property line Water: 12-inch line Streets Walden Road is designated as a major arterial and has a 60-foot right-of-way and 24- foot pavement. Fire Protection Station #10, 3855 Washington ANALYSIS - Subject property is a 10-acre tract with 350 feet of frontage on Walden. A drainage ditch forms a portion of the northern boundary. - Existing utilities in Walden Road are adequate for the proposed use. - The applicant' s site will establish the western boundary of a major industrial area of the comprehensive plan and is in compliance with the plan. RECOMMENDATION ,.staff recommends approval of the request based on: C existing utilities are adequate for proposed use; and the request is in compliance with the comprehensive plan. PUBLIC-NOTIFICATION AND RESPONSE Notices Mailed to Property Owners 6 Responses in Favor of Request Responses Opposed to Request TO: City Council FROM: Planning Department SUBJECT: Summary of Planning Commission action on request for zone change from AR to LI on a 10-acre tract located approximately 3300 feet west of I-10 South on the north side of Walden Road (895-Z) ; November 21, 1983. GENERAL INFORMATION Applicant John H. Felton Requested Action zone change from AR (Agri- cultural Residential) to LI (Light Industrial) - Purpose office, operations and vehicle maintenance center for county drainage utility % Location approximately 3300 feet west of I-10 South on north side of Walden Road Size 1244 x 350 , approximately •10 acres PLANNING STAFF RECOMMENDATION The staff recommended approval of the request on the basis that existing utilities are adequate for proposed use and the request is in accordance with the comprehensive plan. PLANNING COMMISSION RECOMMENDATION The Planning Commission recommended approval of the request by a vote of 5 to 0. PUBLIC NOTIFICATION AND. RESPONSE Notices Mailed to Property Owners 6 Responses in Favor of Request letter containing 6 signatures Responses Opposed to Request 1 _,�..�__._:...,_._.. _._ _- - '- •__..._. .. __. t 1 L L TR-M-U-ON PROPERTY LOCATED 3300 FEET W. OF I-10 ON N. OF WALDEN ROAD APPLICANT: JOHN H. FELTON . n t/NTS A-R _ y ' M• Q I, V G �• Q J A-R _ o r t . H L A N `I ' i 0 �yH WALDEN RD y w ' LI . 0 cio ORDINANCE NO. E 1 ENTITLED AN ORDIN"CE 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 FROM AR (AGRICULTURAL RESIDENTIAL) DISTRICT TO LI ( LIGHT t INDUSTRIAL) DISTRICT ON PROPERTY LOCATED APPROXIMATELY 3300 FEET WEST OF I-10 SOUTH ON THE NORTH TYDEPROVIDING WALDEN FORAREPEAL ANDPROVIDING PROVIDING SEVERABILI ±; A PENALTY. k t BE IT ORDAINED BY THE CITY OF BEAUMONT: j 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 30-5B thereof , is hereby amended by changing the zoning classification from AR (Agricultural Residential) District to LI ( Light Industrial) District on property 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 E 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 . j That any person who violates any provision of this s ordinance shall, upon conviction, be punished as provided in Section 1-8 of the Code of Ordinances of Beaumont, Texas. i PASSED BY THE CITY COUNCIL of the City of Beaumont this the day of 19 ' i P i S F Mayor - { i - 2 - 14. December 2, 1983 Council Letter 182 Honorable Mayor and Members of City Council Subject: Request for Zoning Change at 1145 Park Street The request for a zone change from LI (Light Industrial ) to GC-MD (General Commercial-Multiple Dwelling) for property located at 1145 Park Street was considered on November 21, 1983, at a joint public hearing of the Planning Coinmission and the City Council . The applicant, Clifford Wells, requested the change in order to replace apartments already existing at this location. The Planning Department recommended approval on the basis that existing zoning does not reflect development and the request is consistent with the Comprehensive Plan. It is recommended that the request be approved. 14 r Karl Nollenberger City Manager TO: Planning Commission and City Council FROM: Planning Department SU13JECT: Request for zone change from LI to GC-MD on property located at 1145 Park Street; scheduled for joint public hearing on November 21, 1983. * STAFF REPORT GENERAL INFORMATION 889-Z Applicant Clifford Wells Status of Applicant property owner Requested Action zone change from LI to GC-MD (General Commercial - Multiple Dwelling) Representative Uses in GC-MD banks, ulti-family, auto repair, offices, used car lots, hotels, department stores and restaurants Purpose replace existing apartments Existing Zoning LI (Light Industrial) Lor,aLiva 1145 Park Street - Si;t 50 x 150 , 0. 17 acre Ex:ibt-inn Land Use 6-unit apartment house Surrounding Zoning and Land Use north - LI, professional offices east -- LI, professional offices south - LI , professional offices west - LI , professional offices Physical Features two-story apartment house Comprehensive Plan Central Business District SPECIAL INFORMATION Public Utilities Sanitary Sewer: 6 inch line Storm Drainage:. underground storm sewer in Park Water: 12 inch line File 889-Z LI to GC-MD Page 2 SPECIAL INFORMATION (cont'd) Streets Park is designated as an arterial and has a 60-foot right-of-way and 40-foot pavement. Fire Protection Station #1, 875 College ANALYSIS The applicant/property owner wishes to remodel the existing apartment house. Existing zoning is contrary to developed land uses. GC-MD zoning is consistent with commercial uses in CBD area. The staff supports development efforts which seek improved :housing in and around the CBD area. The request is consistent with the comprehensive plan. RECOMMENDATION The staff recommends approval of the request. The recommendation is ]based on: existing zoning does not reflect development; and °- the request is consistent with the comprehensive plan. PUBLIC NOTIFICATION AND RESPONSE F ices Mailed to Property Owners 14 Responses in Favor of Request Responses Opposed to Request TO,: City Council f • FROM: Planning Department SUBJECT: Summary of Planning Commission action on request for zone change from LI to GC-MD on property located at 1145 Park Street (889-Z) ; November 21, 1983. GENERAL INFORMATION Applicant Clifford Wells Requested Action zone change from LI (Light Industrial) to GC-MD (General Commercial - Multiple Dwelling) Purpose replace existing apartments Location 1145 Park Street Size 50 x 150, 0. 17 acre PLANNING STAFF RECOMMENDATION Staff recommended approval of the request on the basis that existing zoning does not reflect development and the request is consistent with the comprehensive plan. PLANNING COMMISSION RECOMMENDATION The Planning Commission recommended approval of the request by a vote of 6 to 0. PUBLIC NOTIFICATION AND RESPONSE _ Notices mailed to property owners 14 Responses in favor of request 0 Responses opposed to request 1 FILE 889-Z. REQUEST FOR ZONE CHANGE \� fi � LI TO GC-MD ON PROPERTY N.W. OF LOT '� e +°) 4. 267 LOCATED 1145 PARK STREET. r ,r APPLICANT: CLIFFORD WELLS r .y'1 n - 10 "L 1/200 1• � ti ' ' 4p .. low rl 0 co F ♦\ op r S �e Job s � � o ` 1♦ k 1 or � \ G B ' N r ,V Im -- •► p —iii—-- - y nKw ►cam U > > NO t ORDINANCE NO. • ENTITLED AN ORDINANCE BEAUMONT,CTEXAS,� AND IN THE CODE OF ORDINANCES OF BE PARTICULAR THE ICATEDIUPONFTHEEZONINGGMAP OF LI (GENERAL DISTRICTS AS IN D BEAUMONT, TEXAS, BY CHANGING THE ZONING FROM (LIGHT INDUSTRIAL) DpWELLING)GDI TRICTO COMMERCIAL - MULTIPLE PROPERTY LOCATED•AT 1145 ARKpRTREPEALPANDIDING FOR SEVERABILITY . PROVIDING PROVIDING A PENALTY. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1 . T Cha ter 30 of the Code of Ordinances of Beaumont, THA P districts as Texas, and in particular the boundaries of the zoning referred s in indicated upon the Zoning Map of the City of Beaumont, re Section 30-5B thereof, is hereby amended by changing the zoning ' ication from LI (Light Industrial) District to GC-MD (Genera classification located at 1145 Commercial - Multiple Dwelling) District on property as shown on Exhibit "A" attached hereto and made a part Park Street, map of the City of hereof for all purposes, and the official zoning ded to reflect such changes. ��Pa.umont is hereby amen 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 is of this ordinance are declared to be severable. Section 4 . arts of That all ordina nces or P ordinances in conflict � herewith are repealed to the extent of the conflict only. i 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 day of 19 Mayor - 2 - 15 . December 2, 1983 Council Letter 180 Honorable Mayor and Members of City Council Subject: Request for Zone Change on South Street A request for a zone change from RM-H (Residential Multiple Dwelling-High Density) to RS (Residential Single Family) for all lots on the north side of South Street from Royal Purple Drive to Guffey Street, then all area bounded by Guffey, Smart Street and Royal Purple Drive was considered at a ,joint public hearing of the' Planning Commission and the City Council on Mc,, 21, 1983. This request was received from a petition circulated in the area. The­Planning staff recommended approval of the RS (Residential Single Family) zoning and the Planning Commission approved the request with the exception of all property with frontage on Smart Street and a 73 x 50 lot on Seventh Street. These two areas of exemption are to remain RM-H (Residential Multiple Dwelling-High Density). It is recommended that the request be approved. �& 1� Karl Nollenberger City Manager TO: Planning Commission and City Council FROM: Planning Department SUBJECT: Request for zone change from RM-H to RS for all lots on the north side of South Street from Royal Purple Street to Guffey Street, then bounded by Guffey, Smart _Street and Royal Purple Drive; scheduled for joint public hearing on November 21, 1983. * STAFF REPORT GENERAL INFORMATION Q Q 7—Z Applicant Petition VV Requested Action zone change from RM-H (Resi- dential Multiple Family - High Density) to RS (Resi- dential Single Family) Representative Uses in RS single family dwellings, golf courses, membership recreation clubs, cluster housing, mobil home park (with specific use permit) Existing Zoning RM-H (Residential Multiple Dwelling - High Density) Location all lots on north side of South Street from Royal Purple Street to Guffey Street, then bounded by Guffey, Smart Street and Roayl Purple Drive Existing Land Use single family and multiple family Surrounding Zoning and Land Use north - R-3, residential, some offices east - RM-H, residential south - LI, industrial west - RM-H, BCP High School Comprehensive Plan Conservation and Revitalization File 897-Z RM,-H to RS Page 2 SPECIAL INFORMATION Public Utilities and Streets ROW/ SANITARY PAVEMENT WATER SEWER EAST/WEST Angelina 60/30 8 - -- ' Pecos 80/2 at 16* 6 -- Rusk 60/30 6 10 Smart 50/16 - 12 South 80/30 8 -- NORTH/SOUTH Duperior 50/18 6 6 Eighth 60/16 6 12 Minor 60/30-18 6 6 Seventh 60/27 8 -_ *Pecos has a 16-foot median. Fire Protection Station #7 , 1700 McFaddin ANALYSIS - Properties in the petition are predominantly single family residences; there are some apartment complexes as well as garage apartments within the area of the petition. - Section 30-30.D. of the City Code exempts residential uses existing on April 1, 1983. - The request is consistent with the comprehensive plan. RECOMMENDATION The staff recommends approval of the request for RS zoning. PUBLIC NOTIFICATION AND RESPONSE Notices mailed to property owners within study 269 Notices mailed to property owners within 200 feet 57 TO: City Council ' FROM: Planning Department SU13JECT: Summary of Planning Commission action on request for zone change from RM-H to RS for all lots on the north side of South Street from Royal Purple Street to Guffey Street, then bounded. by Guffey, Smart Street and Royal Purple Drive (897-Z) ; November 21, 198`3. GENERAL INFORMATION Applicant Petition Requested Action zone change from RM-H (Resi- dential Multiple Dwelling - High Density) to RS (Residential Single Family) Location all lots on north side of South Street from Royal Purple Street to Guffey Street, then bounded by Guffey, Smart Street and Royal Purple Drive PLANNING STAFF RECOMMENDATION [The staff recommended approval of the request for RS zoning. PLANNING COMMISSION RECOMMENDATION The Planning Commission recommended approval of the request with the exception of property with Smart Street frontage and a 73 x 150 lot on Seventh Street to remain RM-H by a vote of 5 to 0. PUBLIC NOTIFICATION AND RESPONSE Notices mailed to property owners within study 269 Responses in favor of proposal 59 Responses opposed to proposal 7 Notices mailed to property owners within 200 feet 57 Responses in favor of proposal 2 Responses opposed to proposal 0 FILE 897-Z. REQUEST FOR ZONE CHANGE • Iri/ - / / . i • i RN-H TO E DISTRICT IN OAKS ADDITION � I f r AND PARKDALE ADDITION. w " " " " •i" " " " " '" " N'" r APPLICANT: PETITION OF RESIDENTS (. I• �/ �• I • I• ;� y.�r�• rl• • . • I • I •� . r. 11111 rl • I • • I • • I• JI / i - r r w!" II•+I Ito " . �.• I.1,.• r'r! r f1 I Ir II NI w + "I • , r •/�• . r " I I + ; ( I 4 _ I TO REMAIN RM—H " �, p �, 1l NTS < i LAUREL •, M >Y M • I - 11t tl K I - 'p O mF1 - " V• M • • I • • I I• I • • f • I / I I / f • I I/ r / , I• • , I I I. • 1•, r " r r r to .• s • r w w r I•s .- r • • . r • • • .r -' -- • ,: • I . I SOUTH a a 7L.97- PECOS cc LU 7 .. , co COL. cc CL 1 , I �c El� ti_1 I I i L,- - >- ANGELINA cc a ' ■ 1 RUSK K SMART i •+• • '• If • I•I/� YI• iI �• • • • • � y j•I• • • �. i ••I • IJ1 • _1.�1_ ' . Y it n ! - I�. �i „i '2 Ll I i-rEs . : C-2 . �• 1 N0*--- / r 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 FROM RM-H (RESIDENTIAL MULTIPLE DWELLING - HIGH DENSITY) DISTRICT TO RS (RESIDENTIAL SINGLE FAMILY) DISTRICT ON PROPERTY BOUNDED BY SOUTH STREET, GUFFEY, SMART STREET AND ROYAL PURPLE DRIVE; 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 30-5B thereof, is hereby amended by changing the zoning classification from RM-H (Residential Multiple Dwelling - High Density) District to RS (Residential Single Family) District on property bounded by South Street, Guffey, Smart Street and Royal. Purple Drive, 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. I 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 s 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 day of 19 Mayor - 2 _ 16. December 2, 1983 Council Letter . 176 Honorable Mayor and Members of City Council Subject: Request for Specific Use Permit at 35 Minor Street The request for a Specific Use Permit at 35 Minor Street to grow and sell rare plants in a RM-H (Residential Multiple Family-High Density) district was reviewed at the joint public hearing of the Planning Commission and City Council on November 21, 1983. Notices were mailed to nineteen property _ owners and four responses were received; three in favor and one opposed. The Planning staff recommended approval of the request based on the appli- cant's compliance with the eight conditions necessary for approval of a Specific Use Permit. The Planning Commission recommended approval of the request by a vote of 5 to I. It is recommended that this request be approved. r`c-nom, N 1 Y Karl Nollenberger City Manager i TO: .Planning Commission and City Council FROM: Planning Department SUBJECT: Request for specific use permit to grow and sell rare and exotic plants by appointment only in an RM-H district located at 35 Minor Street; scheduled for joint public hearing on November 21, 1983. * STAFF REPORT GENERAL INFORMATION 892-1 Applicant Bob Whitman Status of Applicant property owner Requested Action specific use permit to grow and sell rare and exotic plants by appointment Existing Zoning RM-H (Residential Multiple Family - High Density) Location 35 Minor Street Size 100 x 238, 0. 54 acre Ex,i sting Land Use residence Su�L-ounding Zoning and Land Use north - (across Rusk- ---P1 -H, single family east - (across Minor) RM-H, residential, vacant south - (across Smart) LI , commercial west - RM-H, residential Physical Features residence faces Rusk, nursery area faces Minor and Smart Comprehensive Plan Stable Area SPECIAL INFORMATION Public Utilities Sanitary Sewer: 10 inch line Storm Drainage: 21 inch line Water: 6 inch line 89 2-]? Page 2 SPECIAL INFORMATION (cont'd) Streets Minor and Rusk are designated as local residential streets and have 60-foot rights-o€- way with 18- and 30-foot pave- ments, respectively. Fire Protection Station #7, 1700 McFaddin ANALYSIS See Specific Use Permit Review. RECOMMENDATION EThe staff recommends approval of the request based on the appli- cant ' s compliance with the eight conditions necessary for specific use permit approval. PUBLIC NOTIFICATION AND RESPONSE Notices Mailed to Property Owners 19 . Responses in Favor of Request Responses Opposed to Request SPECIFIC USE PERMIT REVIEW 892-P VA ORDINANCE REQUIREMENTS PROPOSAL 1. Description of processes and----'-------- growth and sale of rare and activities. exotic plants; sales by appointment only 2. Boundaries of area covered by site------ 100 x 238 ; Lots 1 and 2 and plan with dimensions. 11 and 12, Block 18, Oaks Addition 3. Existing and proposed building locations with: - number of stories; ------------------- one - height; ------------------------------ 13 feet ------- 2 buildings at 1188 square gross floor area; ------------- feet each - entrances and exits. ----------------- from Smart Street 4. Existing drainage locations and --------- to open ditches in Minor direction of flow. and Smart Streets 5. Proposed landscaping and screening ------ applicant will grow trees buffers. and flowering vine on 6. Location and dimensions of: - curb cuts (existing and proposed) ;'--- one at 12 ' - public and private streets, showing --Minor': 60 ' right-of-way, rights-of-way widths; 18-foot pavement narking and loading areas;------------on-street parking on Rusk pedestrian walks; --------------------none -- exterior lighting; -------------------none trash storage locations; -------------none 7. Fences or screening provisions ----------6-foot chain link fence Showing location, type and height. around entire site 8. Sign height, location and dimensions.----none 892-P CONDITIONS FOR APPROVAL: A SpeciYic Use Permit shall be issued only if all of the following conditions have been found: 1) That the specific use will be compatible with and not injurious to the use and enjoyment of other property, nor significantly diminish or impair property values within the immediate vicinity; Location of nursery plants create no impairment or injury to the use of surrounding residential properties. 2) That the establishment of the specific use will not impede the normal and orderly development and improvement of surrounding vacant property; One vacant lot east of the request will experience no ad- verse effects from the proposed use. 3) That adequate utilities, access road, drainage and other necessary supporting facilities have been or will be provided; Existing utilities and drainage are adequate for service to proposed use. 4) The design, location and arrangement of all driveways and parking spaces provides for the safe and convenient movement of vehicular and pedestrian traffic without adversely affecting the general public or adjacent developments; Driveways and parking will not affect surrounding traffic pattern nor restrict access. 5) That adequate nuisance prevention measures have been or will be taken to prevent or control offensive odor, fumes, dust, noise and vibration; — Proposed use will not generate any of the five environ- mental uses. 6) That directional lighting will be provided so as not to disturb or ad- versely affect neighboring properties; _ No direct lighting proposed. 7) That there are sufficient landscaping and screening to insure harmony and compatibility with adjacent property; Applicant will grow trees and flowering vines on western property line. 8) That the proposed use is in accordance with the comprehensive plan; Proposed use is in accordance with comprehensive plan. TO: City Council FROM: Planning Department SUBJECT: Summary of Planning Commission action on request for specific use permit to grow and sell rare and exotic plants by' appointment only in an RM-H district located at 35 Minor Street (892-P) ; November 21, 1983. GENERAL INFORMATION F plicant Bob Whitman questAd Action specific use permit to grow and sell rare and exotic plants by appointment only in an RM-H (Residential Multiple Family- High bensity) district Location 35 Minor Street Size 100 x 238, 0. 54 acre PLANNING STAFF RECOMMENDATION The Planning staff recommended approval the applicant' s compliance with the eight fconditions snecessary nfor specific use permit approval. PLANNING COMMISSION RECOMMENDATION The Planning Commission recommended approval of the request by a vote of 5 to 1. PUBLIC NOTIFICATION AND RESPONSE Notices Mailed to Property Owners 19 Responses in Favor of Request 3 , Responses Opposed to Request 1 • o : , , b . - i I • = �K RARE AND EXOTIC PLANTS LOCATED BLOCK 18, LOTS 1 AND 2, 11 AND 12 IN OAKS ADDITION! AT 35 MINOR ST. 1 r 1APPLICANT: BOB D. WHITMAN to 1/200 11 10 9 Y •r •... ...� ., r � � r� N n �•d 3 � • • b n •t - AN Eft so 10 I Y so OC 10 ANGELINA so so - s: - - - sc so - f f 1 ° =O • • • • i 1 _ • • s • • 1 ffis 20 14 t6 •° to i1 M j 7 • f b 11 t s 1 i • f b 11 •1 - > i • •W RUSK eo subject - so [Nit 3 s • • 4 eo so 6 17 no ,• i, y � ? r • • b n i• _ c _ RT 460 siait SMART G-2 ------------ G'-2 Nv Cs ORDINANCE NO. • 4 ENTITLED AN OR DINANCE PROPERTY PERMIT TO GROW LOCATED AT 35 MINOR STREET. WHEREAS, the Planning and Zoning Commission of the City of Beaumont considered the issuance of a specific use permit to grow and sell plants on property located at 35 Minor Street, Beaumont, F Jefferson County , Texas, to Bob Whitman, owner, his legal representatives, successors, and assigns for that certain property hereinafter described; 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; t f 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 grow and sell plants on property located at 35 Minor Street, Beaumont, Jefferson County, Texas, in accordance with Section 30-26 and Section 30-40 of the Code of Ordinances of the City of Beaumont, as amended, be granted to Bob Whitman, owner, his legal representatives, successors and assigns for that certain tract described on Exhibit "A" attached hereto and made a part hereof for all purposes. Section 2 . i That the specific use permit herein granted is expressly a 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. PASSED BY THE CITY COUNCIL of the City of Beaumont this the day of , 19 . Mayor - _ 2 _ I 17. December 2, 1983 'At Council Letter 172 Honorable Mayor and Members of City Council Subject: Request for Specific 'Use Permit at 5480 Washington Boulevard A request by LECCO Industries for a Specific Use Permit at 5480 Washington to establish a speciality insulation manufacturing company in a GC-MD (General :Commercial-Multiple Dwelling) district was reviewed by the Planning Commission and City Council at a joint meeting November 21, 1983. The pro- spective owner is Dennis Mott. The Plag staff originally recommended approval based on seven of eight conditions necessary for a Specific Use Permit being met. This recommenda- tion was changed to denial on the basis of information provided at the time of the public hearing which did not comply with the eight conditions neces- sary for approval of a Specific Use Permit. Sixteen notices were mailed to property owners, and one response was received in favor of the request. The Planning Commission recommended denial of the request by a vote of 5 to 0. It is recommended that this request be denied. Karl Nollenberger City Manager TO: Planning Commission and City Council FROM: Planning Department SUBJECT: Request for specific use permit to establish a specialty insulation manufacturing contractor in a GC-MD district at 5480 Washington Boulevard; scheduled for joint public hearing on November 21, 1983. * STAFF REPORT GENERAL INFORMATION 894—P Applicant LECCO Industries Inc. Status of Applicant prospective purchaser; owner is Dennis Mott Requested Action specific use permit to operate a specialty insulation manu- facturing contractor Existing Zoning GC-21D (General Commercial - Multiple Dwelling) Location 5480 Washington Boulevard Size 355 x 200; 1. 39 acres Existing Land Use vacant Surrounding Zoning and Land Use north - RS, vacant, single family residence east - (across Chamberlin) GC-MD, vacant south - (across Washington) LI, vacant - west - GC-MD, commercial, truck transfer Comprehensive Plan - Neighborhood Growth Unit Transition SPECIAL INFORMATION Public Utilities Sanitary Sewer: 24 inch line in Washington Storm Drainage: - - by underground storm sewer in Washing- ton SPECIAL INFORMATION (cont'd) Public Utilities (cont'd) Water: 16 inch line in Washington Streets Washington is designated as a major arterial with a 100-foot right-of-way and 44-foot pave- ment. Chamberlin is a local residential street with an IS- foot pavement and 60-foot right-of-way. Fire! Protection Station #10, 3855 Washington Boulevard ANALYSIS See Specific Use Permit Review. RECOMMENDATION F n of the eight conditions necessary for specific use permit oval have been met. Staff feels that Condition 4 should rict access to Chamberlin Drive. Based upon this the staff recommends approval of the request. PUBLIC NOTIFICATION AND RESPONSE Notices Mailed to Property Owners 16 Responses in Favor of Specific Use Permit Responses Opposed to Specific Use Permit I SPECIFIC USE PERMIT REVIEW 894-P ORDINANCE REQUIREMENTS PROPOSAL 1. Description of processes and- -------blanket insulation specialty activities. contractor*; Monday-Fridal, 7 a.m. - 6 p.m. ; 15 employees; occasional extended work day 2. Boundaries of area covered by site------approximately 355 x 200 ; plan with dimensions. 1. 38 acres 3. Existing and proposed building locations with: number of stories; --------------------Office: single story; 1200 sq. ft. ; 10 ' height - height; storage: two story; 1250 sq. gross floor area; ft. ; 20' height major entrance on Washington; - entrances and exits. ----------------- apcessory entrance on Cha e I in 4. Existing drainage locations and ---------overland to south property direction of flow. line then to storm sewer in Washington 5. Plr_oposed landscaping and screening ------i0-foot landscaped buffer buffers. strip abutting RS zoning: 6. Location and dimensions of: (2 at 20 ' width - curb cuts (existing and proposed) (1 at 30 ' width - public and private streets, showing --Washington: 100 ' row rights-of-way widths; Chamberlin: 60 ' row - parking and loading areas;------------15 spaces - pedestrian_ walks; --------------------none - exterior lighting; -------------------5 security lights trash storage locations; -------------one 7. Fences or screening provisions ---------- 8 ' wooden privacy fence showing location, type and height. abutting RS zoning 8. Sign height, location and dimensions.---- size : 3 x 4 ; attached to front of building *fabrication of insulation blankets for steam boilers and piping installed at individual project locations 894-P CONDITIONS FOR APPROVAL: A Specific Use Permit shall be issued only if all of the o owing conditions have been found: 1) That the specific use will be compatible with and not injurious to the use and enjoyment of other property, nor significantly diminish or impair property values within the immediate vicinity; All processes associated with production will be indoors. Residential uses on Chamberlin will be buffered by privacy fence. 2) That the establishment of the specific use will not impede the normal and orderly development and improvement of surrounding vacant property; Vacant commercially zoned property will be in an area of intensive development. Proposed use is similar in character. ,. 3) That adequate utilities, access road, drainage and other necessary supporting facilities have been or will be provided; Existing utilities are adequate to provide service to the proposed use. 4) The design, location and arrangement of all driveways and parking spaces provides for the safe and convenient movement of vehicular and pedestrian traffic without adversely affecting the general public or adjacent developments; Proposed access to Chamberlin Drive should be eliminated. Residential vehicular use of Chamberlin should not be forced to compete with commercial trucks. a) That adequate nuisance prevention measures have been or will be taken to prevent or control offensive odor, fumes, dust, noise and vibration; Production will be entirely indoors. Outside yard will be used for loading of finished contract work prior to delivery and occasionally some storage. 6) That directional lighting will be provided so as not to disturb or ad- versely affect neighboring properties; Security lighting on northeastern property line should be relocated to insure that glare or diffused and reflected light is minimized. 7) That there are sufficient landscaping and screening to insure harmony and compatibility with adjacent property; Rear (north) property line will have 8-foot wooden privacy fence and .10-foot landscaped buffer. 8) That the proposed use is in accordance with the comprehensive plan; Properties with Washington Boulevard frontage are a transi- tion between neighborhood growth unit and industrial. The proposed use is in accordance with these types of uses . TO: City Council FROM: Planning Department SUBJECT: Summary of Planning Commission action on request for specific use permit to establish a specialty insulation manufacturing contractor in a GC-MD district at 5480 Washington (894-P) ; November 21, 1983. GENF7RAL INFORMATION Applicant LECCO Industries Inc. Requested Action specific use permit to operate a specialty insulation manu- facturing contractor in a GC-MD (General Commercial - Multiple Dwelling) district Location 5480 Washington Boulevard Size 355 x 200; 1. 39 acres PLKKNING STAFF RECOMMENDATION The Planning staff changed their previous recommendation for approval to denial on the basis of information provided at the ' ..;- time of the joint public hearing which did not comply with the eight conditions necessary for approval of a specific use permit. PLANNING COMMISSION RECOMMENDATION The Planning Commission recommended denial of the request by a vote of 5 to 0. PUBLIC NOTIFICATION AND RESPONSE Notices Mailed to Property Owners 16 Responses in Favor of Request 1 Responses Opposed to Request 0 ---- --- .:� _ FILE 854—P. REQUEST FOR SPECIFIC USE e — R A SPECIALTY CONTRACTOR'S '---- — PERMIT FO BUSINESS LOCATED 5480 41ASHINGTON. /`V•S"h f 1775 APPLICANT: LECCO INDUSTRIES ' nos r»s ..• afl V as* lr 11200 1, em �' St. s. *.PC sso i3 • 1m l «t • am«r «r .rc �3e�6 94 • ./I • -.--.r • k • c rr Ir as St71� . •tl 6 sro Ioo i Nc o for sm ..� , too"Wo am ssr s+r CC MA amwff so*- lff J _ 8 • m �.: h It ot LU 0 a 6 .!r K srr w l MA 04 .J w .w .ro for moo w db !v so eo �, do 50 'mmmmm°� WASHINGTON i " L.tSN/Ari70N OLYG subject GC— D t r► Ll • siLuR�� • f • I . ' PAW ' " • wa D�e1� V • 5�1� Lrs'G-' y - .tgwsdr el'Ns - �Z�C °� �, � � • " • • : . - •, aQ.L GAS ift i2cb,s9 ft. _ •d 9. . - � � �AvC� ,�j4•BC 1�A�JL� U _ w •�� . t�q iu RG-�_� O - i 2 L7.y� ,• c ."t..� _( - 5 ��• IJv �v 1 /"T ( ./L� -� /-f r- �� ...JCS �V ti� r� a{e �i e1.FyFI.iw R .i1/ 1.� 41 tM ICi iL NO ORDINANCE NO. i` r ENTITLED AN ORDINANCE ISSUING A SPECIFIC USE PERMIT FOR A SPECIALTY CONTRACTOR' S BUSINESS ON PROPERTY LOCATED AT 5480 s;F WASHINGTON BOULEVARD. WHEREAS, the Planning and Zoning Commission of the City of Beaumont considered the issuance of a specific use permit for a It contractor' s business on property located at 5480 spec:i a y to LECCO Washington Boulevard, Beaumont, Jefferson County, Texas, ies successors, and assigns Industries, Inc. , its legal representatives, roperty hereinafter described; and, for that certain p il is of the opinion that the WHEREAS, the City Counc 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 all conditions necessary for issuance of a specific ermit have been met and a specific use permit fora specialty use p contractor' s business on property located at 5480 Washington Boulevard, Beaumont, Jefferson County , Texas, in accordance with Section 30-26 and Section 30-40 of the Code of Ordinances of the City o Beaumont, as amended, is hereby granted to LECCO Industries, Inc. , of assigns for that certain its legal representatives, successors and tract described on Exhibit "A" attached hereto and made a part hereof for all purposes. E Section 2- granted That the specific use permit herein 9 d i$ expressly with each particular and detail of the issued for and in accordance w „g" and made a part hereof for site plan attached hereto as Exhibit all purposes• of Beaumont this the PASSED BY THE CITY COUNCIL of the City • 19- - day of Mayor - 2 - 18. December 2, 1983 Council Letter 174 Honorable Mayor and Members of City Council Subject: Request for Abondonment of 315-font Portion of Undeveloped Heritage Lane Right-of-Way A request by Robert LeJune to abandon a 315-foot portion of undeveloped Heritage lane right-of-way was reviewed on November 21, 1983 at the joint public hearing of the Planning Commission and City Council . Existing utilities include a buried cable owned by Southwestern Bell and a 6-inch sanitary sewer owned by the City. The Planning staff recommended approval of the request subject to retention of the entire right-of-way as a general utility easement. The Planning Commission recommended approval of the request subject to this condition by a vote of 5 to 0. It is recommended that this request be approved. Karl Nollenberger City Manager