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HomeMy WebLinkAboutPACKET DEC 04 1984 AGENDA REGULAR SESSION OF THE CITY COUNCIL DECEMBER 4, 1984 CITY COUNCIL CHAMBERS 1: 15 P.M. Invocation. * Pledge of Allegiance. * Roll call . * Proclamations. * Consent Agenda. * Public hearing - issuance of industrial development revenue bonds. 1 . A resolution approving issuance of industrial development revenue bonds by the Beaumont Industrial Development Corporation in the amount of $7 million for Waterford Associates dba the Waterford Hotel . 2, An ordinance changing the zoning from R-3 (Modified Two Family and Multiple Dwelling) to NC (Neighborhood Commercial ) and GC-MD (General Commercial-Multiple Dwelling) for property located between 23rd Street and the I-10 west service road, from McFaddin and Calder on the north to Phelan and the abandoned Missouri Pacific Railroad at 18th Street. 3. An ordinance changing the zoning from RS (Residential Single Family) to RM-H (Residential Multiple Family-High Desnity) for a 1.68-acre tract located beginning approximately 350 feet south of Highway 105 and 588 feet east of Major Drive on the east side of Major Drive. 4. An ordinance changing the zoning from RM-H (Residential Multiple Family- High Density) to NC (Neighborhood Commercial) for property located at 2205 Washington Boulevard. An ordinance changing the zoning from AR (Agricultural-Residential ) to CM (Commercial-Manufacturing) on property located at the southwest cor- ner of I-10 South and Walden Road. 6. An ordinance changing the zoning from RS (Residential Single Family) to NC (Neighborhood Commercial) on property located at 5020-5040 Bigner Road. 7. An ordinance granting a Specific Use Permit to build professional offices in an RM-H (Residential Multiple Family-High Density) district on pro- perty located in the 1900 Block of Dowlen Road. Council Agenda December 4, 1984 Page 2 8,. An ordinance granting a Specific Use Permit to establish a church in an RM-H (Residential Multiple Family-High Density) district located at 7650 Park North Drive. 9.. An ordinance granting a Specific Use Permit to establish a doctor's office in an RM-H (Residential Multiple Family-High Density) district on property located in the 7800 Block of Gladys. 10.. An ordinance amending Section 28-39(a)(1) of the City Code, relating to landfill usage. 11. An ordinance authorizing ten-year vesting for City employees. 12. A resolution authorizing participation in the Collier Road Storm Sewer Project. 13. A resolution authorizing purchase of a parcel of property for the Crockett Connector TIP Project. 14. A resolution authorizing participation in the Westgate Drive Project. 15. A resolution authorizing the Legal Department to commence eminent domain proceedings to acquire the former Szafir' s property. 16. A resolution naming two reception halls in the Julie Rogers Theatre. 17. An ordinance amending Article III of Chapter 6 of the Code of Ordinances, regulating development in flood hazard areas. Other business. Hear citizens. Recess. RECONVENE FOR WORK SESSION. November 30, 1984 1. Council Letter 166 Honorable Mayor and Members of City Council Subject: Issuance of Bonds for the Waterford Hotel Project The Beaumont Industrial Development Corporation issued an inducement resolution in December 1983 approving the issuance of up to $7, 000,000 in bonds to rehabilitate the hotel as Phase I to include 99 suites for daily occupancy and, in Phase II , a parking facility to service the hotel and an office building. Renovation of the hotel will provide an estimated 100 new jobs. The rules of the Texas Economic Development Commission and Federal law require that the City Council hold a public hearing and approve the issuance of the bonds . The bonds will not be the obligation of the City of Beaumont. The sole source of every payment will be revenues from the project. Karl Nollenberger City Manager AGUTD N.0 CERTIFICATE OF RESOLUTION CONCERNING ISSUANCE OF BONDS TO FINANCE A PROJECT FOR WATERFORD HOTEL, LTD. WHEREAS , the City of Beaumont, Texas (the "Unit") , has, pur- suant to the Development Corporation--Act of 1979 , Article 5190. 6, Vernon' s Texas Civil Statutes, as amended (the "Act") , approved and created Beaumont Industrial Development Corporation, a nonprofit industrial development corporation (the "Corporation") ; WHEREAS , the Corporation, on behalf of the Unit, is empowered to finance certain costs associated with acquisition, construc- tion, and improvement of certain manufacturing , industrial, and commercial projects which promote and encourage employment and the public welfare, by the issuance of obligations of the Corporation, which projects will be inside the Unit' s boundaries; WHEREAS , on April 13 , 1982, the City Council of the City of Beaumont (the "Governing Body") held a public hearing in accor- dance with the Rules of the Texas Economic Development Commission (formerly the Texas Industrial Commission) and passed, approved and adopted that certain Resolution Number 82-143 wherein the City Council authorized provisions of notice to the Texas Economic Development Commission (formerly the Texas Industrial Commission) and publication of notice with respect to a public hearing to consider designation of one or more blighted areas within the City; described one or more eligible blighted areas to be designated by the City; determined the date , time and location of a public hearing; and approved other provisions relating to the subject; and, further passed, approved and adopted on May 11, 1982 that certain Resolution Number 82-174 wherein the City Council designated one or more eligible blighted areas, made the findings required by the rules of the Texas Economic Development Commission (formerly Texas Industrial Commission) , and approved other matters relating to the subject (the "EBA Resolution") ; WHEREAS, SS/RW Properties, Inc. , a corporation organized and existing under the laws of the State of Texas (the "User") , has filed an application requesting that the Corporation finance a portion of the cost of the project described in Exhibit A hereto (the "Project") , within the boundaries of the Unit; on December 9 , 1983 the Corporation adopted an Inducement Resolution with respect to the acquisition, construction, and installation of the Project; -2- WHEREAS , the Project is located within a blighted area as designated by the EBA Resolution and will assist in alleviation of the blighted condition; WHEREAS, SS/RW Properties, Inc. , the name of which is now Waterford Hotel Company, has transferred and assigned its interest in the Project to Waterford Associates, Ltd. , a Texas limited partnership, which is a related entity of Waterford Hotel Company; WHEREAS , as a prerequisite to the exemption from federal income tax of interest on obligations issued pursuant to Section 301 (b) (6) of the Internal Revenue Code of 1954 , as amended, (the "Code") , Section 103 (k) of the Code provides that such issue may be approved by the applicable elective representative of the governmental unit on whose behalf such obligations are issued and by each governmental jurisdiction over the area in which any - facility to be financed from the proceeds of such issue is located (except that if one or more governmental units has juris- diction over the entire area in which such facility is located , only one governmental unit need approve the issue) , only after a public hearing has been held; and WHEREAS , the Unit is a "governmental unit" within the meaning of the Code ; and WHEREAS , as the elected legislative body of the governmental unit within which the Project is to be located , the Governing Body is an "applicable elected representative" of the governmen- tal unit with specific authority within the meaning of Section 103 (k) of the Code; and WHEREAS , the Project is located entirely within the geo- graphic jurisdiction of the Unit, thus necessitating only one public hearing and approval pursuant to Section 103 (k) of the Code; and WHEREAS , this public hearing has been-- conducted in order to provide an opportunity for persons with differing views on both authorization and issuance of the bonds and the location and the nature of the Project to be heard , and in order to comply with Section 103 (k) of the Code and the Act; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT, TEXAS, THAT: Section 1. The Governing Body hereby finds and determines that the Project proposed by the User conforms with the overall objectives , authorizations, and limitations specified in the Act. -3- Section 2. The Governing Body finds that the proposed Project to be financed will significantly contribute to the fulfillment of the overall development objectives of the Unit, and that it is in furtherance of the public purposes of the Act to assist in the maintenance of the public health. Section 3. The Governing Body hereby finds and determines that the Corporation has filed and -deposited with the Governing Body all of the information required by the Act, and on such basis hereby approves the Project after having made the deter- minations and findings required by the Act. Section 4. The issuance of the Bonds pursuant to which the Bonds are to be sold and issued , is hereby approved by the Governing Body on behalf of the Unit as required by the Act and the Code. Section 5. As a part of and within the scope of the appro- vals granted herein, the Governing Body hereby finds and deter- mines that (i) the initial owner and user of the Project is Waterford Associates Ltd. , a Texas limited partnership; (2) the maximum aggregate face amount of the Bonds be issued with respect to the Project is $7, 000,000; and (iii) the Project description attached hereto as Exhibit "A" includes a general, functional description and a general description of the location of the Project as required by the Code and the regulations promulgated thereunder. Section 6. This resolution is also adopted for the purpose of satisfying the conditions- and requirements of Section 103 of the Code, the regulations promulgated thereunder , . and any requirements for a public hearing and approval by an elected official or legislature which may be imposed by applicable law prior to the issuance of the Bonds, and for the benefit of the Corporation, the Unit, the Governing Body, and the owners and holders from time to time of the obligations of the Corporation and all other interested persons. Section 7. The Governing Body hereby finds and determines that the issuance of the Bonds to finance the Project will accomplish the specific public purpose for which the Corporation was created. Section 8. The approvals of the Governing Body as set forth herein shall be applicable only if, as and to the extent that the Bonds are issued not more than one year from the date hereof. Section 9. The Governing Body has considered evidence of the publication and posting of notice of this meeting and public hearing and officially finds, determines , recites, and declares -4- that sufficient written and reasonable public notice of the date, hour and place of this meeting and public hearing and of the sub- ject matter of this resolution, including the general, functional description of the Project and the general description of its location, was published in a newspaper of general circulation in the Unit not less than fourteen (14) days prior to this meeting and public hearing; that such meeting and public hearing were open to the public as required by law at all times during which this resolution and the subject matter hereof were discussed, considered , and formally acted upon; that the giving of notice in the manner provided above was reasonably designed to apprise residents of the Unit of the proposed authorization and issuance of the Bonds and approval of the Project; that the meeting and public hearing were conducted in a manner that provided a reason- able opportunity for persons with differing views on the issuance of the Bonds and the nature and location of the Project to be heard ; and that this meeting and public hearing were held at a time and place convenient for persons affected by the financing of the Project and issuance of the Bonds; and that the foregoing notice and hearing complied with the Open Meeting Law, as amended, Art. 6252-17 of Vernon' s Annotated Texas Civil Statutes, and Section 103 (k) of the Code and the regulations thereunder. PASSED AND APPROVED this_______day of , 1984. Mayor , City of Beaumont, Texas r EXHIBIT A General and functional description of the Project: The Project to be financed with the proceeds of the Bonds involves the construction of a commercial facility to be used as a hotel and parking facility. The Project will consist of one or more of the following : (i) acquisition of the Project site; (ii) renovation and remodeling of the multi-story hotel building formerly known as the King Edward Hotel and to be named "The Waterford Hotel" so as to provide approximately 99 hotel suites for occupancy on a day-to-day basis or on a leased basis; (iii) construction of an Open parking area to serve the hotel; and (iv) acquisition, construction and restoration of various items of equipment, faci- lities and furnishings which are functionally related to the foregoing. The owner of the Project will be Waterford Associates, Ltd. , a Texas Limited Partnership. Proposed location and site of Project: The site of the Project includes three (3) tracts. Tract 1 is a 30 ,600 square foot tract of land being all of Lots 179 , 180 , 181, and a portion of Lots 182 and 183 , out of Block 38 of the Original Town of Beaumont, Beaumont, Jefferson County, Texas. Tract 2 is a 2,300 square foot tract of land out of Lot 182 of Block 38 of the Original Town of Beaumont, Jefferson County, Texas. Tract 3 is a 19 ,200 square foot tract of land and being all of Lots 175 and 176 , and a portion of Lot 182 out of Block 38 of the Original Town of Beaumont, Beaumont, Jefferson County, Texas. The three tracts are more particularly described by metes and bounds as shown on Exhibits attached to application for financing on file in the office of the Planning Department of the City of Beaumont, City Hall, Beaumont, Texas. November 20, 1984 2. Council Letter 137 Honorable Mayor and Members of City Council Subject: Calder Court-Jarrette Rezoning Study. GENERAL INFORMATION This R-3 zoned area includes an approximate total of five city blocks. Boundaries are generally I-10 on the east, McFaddin and Calder Streets on the north, and Phelan Boulevard and the abandoned Missouri Pacific Railroad right-of-way on the south. Principal I streets in the study are McFaddin, 18th, Calder and Phelan. There have been no recent zone changes within the study boundaries; however, a specific use permit for dental offices on the northern study boundary was approved in March, 1983 , and a specific use permit for a beauty shop on 18th was approved in July, 1984 . A diverse group of land uses in the study includes professional offices, various neighborhood retail uses , a bank, and a savings and loan. Most of these are allowed in the NC district. Properties on the western end of the study are designated as a Stable Area. i Properties on the eastern end are in an Activity Corridor. Existing Zoning R-3 (Modified Two Family and Multiple Dwelling) Surrounding Zoning and Land Use north - (across McFaddin) RM-H, professional offices east - GC-MD, I-10 south - GC-MD, retail stores west - (across 23rd) GC-MD, retail stores ; (140 feet west of 18th Street) RS, single family Comprehensive Plan west: Stable Area east: Activity Corridor 7NALYS I S - 18th Street and McFaddin are local residential streets with narrow pavement widths (16 feet and 18 feet respectively) . - All uses south of McFaddin to the abandoned Missouri-Pacific Railroad right-of-way are allowed in NC zoning except the restaurants at Calder and 18th and facing I-10 South 140 feet south of Calder. Calder Court-Jarrette Rezoning Study Page 2 ANALYSIS (cont 'd) Since all properties within one block of I-10 from McFaddin south to Liberty are in an Activity Corridor of the Comprehensive Plan, planning principles dictate general commercial zoning for this area. - All retail uses east of 23rd Street between Calder and Phelan are allowable uses in NC districts. In addition, NC zoning is the proper transition from the GC-MD district south of Phelan. - Properties on the west side of 18th Street, north of Calder, have abutting RS zoning on their western boundaries. For this reason it is necessary that any proposed zoning be examined for compatibility of uses, adequate utilities, height requirements and parking/driveway design. - RS-zoned properties north of Calder, from 19th Street to 23rd, have side yards parallel with Calder and, while none have direct frontage on Calder, most have driveway access. Due to existing boundaries of R-3 zoning, existing lot orienta- tion and ownership, the most acceptable transition of districts is not attainable or practical and the transition must occur along the street center lines . STAFF RECOMMENDATION Staff recommends the following districts based on (1) exhibited land uses ; (2) abutting zoning pattern; and (4) implementation of the comprehensive plansition of districts ; AREA 1: PROPOSED FOR RCR; properties in the 500 Block of 18th street. Proposed district creates transition from GC-MD on the AREA side to RS on the west side. AREA 2 : PROPOSED FOR NC; properties at 23rd and Calder and extendin east for 4 blocks to 19th. NC district will transition from GC-MD on south side of Phelan Boulevard. Existing uses -are all allowable in NC district. AREA 3 : PROPOSED FOR GC-MD; properties with either I-10 Calder or 18th Street frontage. Most intensive land use and traffic patterns s•srround these properties . The location is an Activity Corridor of the comprehensive plan. PUBLIC NOTIFICATION AND RESPONSE Notices to property owners within study 14 Responses in favor of proposal Responses opposed to proposal 0 1 Calder Court-Jarrette Rezoning Study Page 3 PUBLIC NOTIFICATION AND RESPONSE (cont 'd) Notices to property owners within 200 feet Responses in favor of 40 p proposal i Responses opposed to proposal 1 0 PLANNING COMMISSION RECOMMENDATION The Planning Commission recommended the following: AREA 1: NC (Neighborhood Commercial) ; I AREAS 2 AND 3 : GC-MD (General Commercial - Multiple Dwelling) . The City Manager recommends the original staff position as the most ap- propriate. Maps showing both positions are attached. i i i Karl Nollenberger City Manager W • ' • " 1f ff AREA 1: EXISTING. ZONING R-3, (MODIFIED TWO FAMILY MULTIPLE DWELLING) , PROPOSED FOR RCR, (RESIDENTIAL CONSERVATION AND REVITALIZATION) . F North r r • F., RM Hu r 'I AREA 2: EXISTING ZONING R-3, (MODIFIED v� - — TWO FAMILY MULTIPLE DWELLING) „ PROPOSED -- r r ■ z FOR NC, (NEIGHBORHOOD COMMERCIAL) . +� 0 . • - --� - } .y � _ ��, � � T �of t • W P d i � �) fr r r ■ O r el/.T�`I r r � ♦ , , f O r,a • L • n rr RS I ff : VJ f • M. f f N r� . . .... , s, G¢ r.. . . ., Calder 6.![9fN: QYf 1K;M:. 3 , F C 6A4011T ` •vt' j Ire GC ,� . _ / Iff) !♦ ■ . {r. . r {" t � �;)l r a .e >s :i i Y.Se�, • F ` - < , 1 � � � t :!� i�. �♦ /� ;,1 � fir f1.. � ` .,y l � ; � I`~" f I PMf L AN BL YD, � ,I � �, a 7 •f f ! s , k n GC-MD - r r f •O• • r .r l CD cn ;o CD L /ef Rrr AVE 1 C GC-MD •. �vf AREA 3: EXISTING ZONING R-3 (MODIFIED TWO FAMILY MULTIPLE DWELLING) , PROPOSED m rn FOR GC-MD, (GENERAL COMMERCIAL MULTIPLE e' ' i DWELLING) . = m it RM—H fu f n r, IV fV • • g9 F p r � r r Y r v ^ Y • T \ ��, •Q nu—' : r i j r Y AREA 1: EXISTING ?ONING R-3 .•�s' nv• r ,.• r • r ! ,• /TA/\T1TTTr�r� rAA FAMILY AfID MULTIPLE DWE LLING; PROPOSED FOR NC (NEIGHBORHOOD COM.MER- XISTING ZONING R-3 r r r r r r TWO FAMILY AND s CIAL) .WELLING) ; PROPOSED (GENERAL COMMER—TIPLE DWELLING) r i• �� - w ° r rV n r r r {. � •J `--� '�-yF_ a i 9 3 f.� Y r . a • Z � ICS ,•..1..I:...�.L.. ) �f r� • /� •• r l ! r Y , Y r f •=. 7 .O tl`i Ir r.�r'. r , YI. "rr r s r j ujd 1� • r D,S r Ir a R r ,, „ - —_ _ ._IitlE " �7L•, •r r Q= y7 r " Pt • � f 1 C V,.. ,.. J • . .. a� r -- u / r, n 6 . . AO • ILA'LJf+/N,MAIf - f r 6 (• l_J A s. O U z M qrc rr G) Q n rsa ti O Cn C 7- 25 a * •y S •• •_ JO v n t-3 • l 1 L� /rr r ,r• _ •t / , • � Gt •NO IN r OA S e .� r ,. . • h 3 .w , , f � y NO o�l 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 R-3 (MODIFIED TWO FAMILY AND MULTIPLE DWELLING DISTRICT) TO NC (NEIGHBORHOOD COMMERCIAL DISTRICT) , GC-MD (GENERAL COMMERCIAL - MULTIPLE DWELLING DISTRICT) AND RCR (RESIDENTIAL CONSERVATION AND REVITALIZATION DISTRICT) FOR PROPERTY LOCATED BETWEEN 23RD STREET AND THE I-10 WEST SERVICE ROAD, FROM MCFADDIN AND CALDER ON THE NORTH TO PHELAN AND THE ABANDONED MISSOURI PACIFIC RAILROAD AT 18TH STREET; 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 NC (Neighborhood Commercial District) , GC-MD (General Commercial - Multiple Dwelling District) and RCR (Residential Conservation and Revitalization District) for property located between 23rd Street and the I-10 West service road, from McFaddin and Calder on the north to Phelan and the abandoned Missouri Pacific Railroad at 18th Street, 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 , 1984 . - Mayor - 2 - 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 R-3 (MODIFIED TWO FAMILY AND MULTIPLE DWELLING DISTRICT) TO NC (NEIGHBORHOOD COMMERCIAL DISTRICT) AND GC-MD (GENERAL COMMERCIAL - MULTIPLE DWELLING DISTRICT) FOR PROPERTY LOCATED BETWEEN 23RD STREET AND THE I-10 WEST SERVICE ROAD, FROM MCFADDIN AND CALDER ON THE NORTH TO PHELAN AND THE ABANDONED MISSOURI PACIFIC RAILROAD AT 18TH STREET; 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 NC (Neighborhood Commercial District) and GC-MD (General Commercial - Multiple Dwelling District) for property located between 23rd Street and the I-10 West service road, from McFaddin and Calder on the north to Phelan and the abandoned Missouri Pacific Railroad at 18th Street, 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 , 1984. - mayor - 2 - November 26 , 1984 3. Council Letter 138 Honorable Mayor and Members of City Council Subject: Request for zone change from RS to RM-H for a 1. 68 acre tract located 350 feet south of Highway 105 and 588 feet east of Major Drive on the east side of Major Drive. GENERAL INFORMATION Applicant John Blackwell Status of Applicant prospective buyer; owner is Dr. J. J. Heisler, Houston Requested Action zone change from RS to RM-H (Residential Multiple Family- High Density) Existing Zoning RS (Residential Single Family) Location beginning approximately 350 feet south of Highway 105 and 588 feet east of Major Drive on the east side of Major Drive Size 1. 68 acres Existing Land Use vacant Surrounding Zoning and Land Use north - GC-MD and RS, vacant east - RS, single family south - RS, single family west - (across Major Drive) GC-MD, vacant Previous Zone Changes in Vicinity a change to LR-1 for 1 acre and R-2 for 3 acres was approved by Council on December 27, 1979 Comprehensive Plan Activity Center and Neighborhood Growth Unit .SPECIAL INFORMATION Public Utilities in Major Drive Sanitary Sewer: 36 inch line Storm Drainage: in Major Drive Water: 30 inch line Page 2 SPECIAL INFORMATION (cont 'd) Streets Major Drive is designated as a major arterial and has a 120 foor right-of-way and 40-foot pavement. Fire Protection Station #8, 6297 Highway 105. ANALYSIS - The applicant was given 60 days by the Council to reconsider the original application for GC-MD (General Commercial - Multiple Dwelling) and a specific use permit for nin-warehouses. - He has contacted the Planning Department to state that he will accept RM-H zoning for the remaining 1. 68 acres currently zoned RS. STAFF RECOMMENDATION Staff recommends approval of the request for 1. 68 acres of RM-H based on lack of adequate area for platting purposes under RS zoning and limited access for development. The City Manager recommends approval of the ordinance. City Manager FILE 952-7-/P. REQUEST FOP, A ZONE CHANGE °;OM RM-H 'TO GC-HD AND A x2 SPECIFIC USE PERMIT, J 3 ; PPLICANT: JOHN BLACKWELL n v srArE Hwr 1/200 Highway 1 Lowe J> 1 1 � II• ! f i 17C Rm N ti � I ~ r,vvVAR RD subject ,LQ �" o Tolivar o dl 11 w _ r .('•���f f• • -0 ,h RM- z fp , , Q i sas � Iq VC) 5 t or r ~ D ' �l t• JYji/r.f.,� 9 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 FAMILY - HIGH DENSITY DISTRICT) FOR A 1 .68 ACRE TRACT LOCATED BEGINNING APPROXIMATELY 350 FEET SOUTH OF HIGHWAY 105 AND 588 FEET EAST OF MAJOR DRIVE ON THE EAST SIDE OF MAJOR 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 RS (Residential Single Family District) to RM-H (Residential Multiple Family - High Density District) for a 1 .68 acre tract located beginning approximately 350 feet south of Highway 105 and 588 feet east of Major Drive on the east side of Major 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. 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 1984. Mayor - 2 - i November 20, 1984 4. i Council Letter 139 Honorable Mayor and Members of City Council Subject: Request for zone change from RM-H to NC on property located . at 2205 Washington Boulevard. GENERAL INFORMATION\ Applicant Philip Daigle Status of Applicant property owner Requested Action zone change from RIM-H to NC (Neighborhood Commercial) Representative Uses in NC general merchandise stores , food stores , drug stores , fuel dealers, banks , real estate offices , washaterias , beauty and barber shops , doctor and dentist offices , day care centers Purpose applicant proposes retail sales of new and used merchandise_ and gift items Existing Zoning RM-H (Residential Multiple Family - High Density) Location 2205 Washington i i Size 40 x 140 , 5600 sq. ft. Existing Land Use vacant single family residence i i Surrounding Zoning and Land Use north - (across Washington) . GC-MD, grocery store east - (across Waco) GC-MD, restaurant south - RM-H, single family I west' - RM-H, single family Physical Features corner lot, 40 foot frontage on Washington Boulevard Comprehensive Plan Conservation and Revitalization L Page 2 SPECIAL INFORMATION Public Utilities in Washington Sanitary Sewer : -- Storm Sewer: 21 inch line Water: 6 inch line Streets Washington is designated as a major arterial and has a 100-foot right-of-way and 43- foot pavement. Fire Protection Station #10 , 3855 Washington Boulevard ANALYSIS -• The area in the vicinity of the request was rezoned to RM-H in 1977 . The abutting lot across Waco was "spot" zoned as a result of this study. - Subject lot is below the minimum of 75 x 100 for NC zoning. - Most uses in the NC district would lack adequate area on the subject lot. Development under NC will require installation of an 8-foot privacy fence and 10-foot landscaped buffer. - The request is on a major arterial but not at a major intersec- tion. - After examination of abutting zoning and land uses, staff feels the subject lot is spot zoning. Spot zoning gives the applicant a privilege to use the property while not extending the same privilege to abutting land owners , creates an incompatible land use and is not in accordance with the comprehensive plan. STAFF RECOMMENDATION Staff recommends denial of the request based on the following: - subject lot is below the minimum of 75 x 100 for NC zoning; - most uses in the NC district would lack adequate area on the subject lot; and - the request constitutes spot zoning. Page 3 PUBLIC NOTIFICATION AND RESPONSE Notices Mailed to Property Owners 22 Responses in Favor of Request 1 Responses Opposed to Request 5 PLANNING COMMISSION RECOMMENDATION .he Planning Commission recommended denial of the request by a vote of 5 to 0 on the basis of spot zoning. The City Manager recommends denial of the ordinance. Karl Nollenberger City Manager FILE 956-Z. REQUEST FOR A ZONE CHANG FROM RM-H TO MC ON PROPERTY LOCATED AT 2205 WASHINGTON BLVD - —-- - APPLICANT: PHILIP DAIGLE 30 _ 30 sa So n J I a • I 1 1/200 7 ? / SO SO 30 50 d Rockwell $ �� p , ,f 1 1♦'!r'^�/T f J /O /, ,t / r 1 ♦ /0 T I ! ,P/I ? l J i I 1 I I 7 ,O'I/ /JI Q N p l I i l W L.L t P rol m - I - - to en I - - I - - - - tO j s h ,• H i N I ? /t M 4 •I , • IS(?�♦ / _ ,1 �/♦ /J I /t I// / ,q ! J 7 • 1 y I 0 ;IYASH *29 ST+ g4yo , S b Pec -- inaton ;40 1 30 50 401 I II I Ao o +♦//J it it i : I J ! ♦ !'i I /7 If �I-! N I N is f� 110 I J 9 I 7 J! J. !f .5f !, 44? I! I♦ 4f 4-r ♦I I i /J lI ! J 1 j I !`��►I�♦ r. � N t1 if !O !I ! :♦!!! EU�P/D to I /I • I I .�♦ N Euclid/ I I /) 117 � I f ♦ J f / V o t°/, 10 u� /f I /7 /f- ; /♦ � 10 , ! . l i - . J 117 I I • CU I l I I I I � !! . i J! N J ♦/ :♦f IJ ♦I II '40 ♦l N ♦I JO Its I t! N N ff or tI!of JO JI !f is !1 I>l ' Jf )1 JI JJ T7' M4.i�/� so I j U s o/B 3/0 l i Io Har-ri oI i t" I - laa N ro • I , f aoi I i iI I I I i I i I I j _ - ! • ! r / n e1 N rs rl r/ to is to // $CVJr fRi AND ST 60 do I I 30 - Ito 10 ! ♦ J6 N 10 I - - - - - - - 16 K IO IL , i i I 46 At', or � I C / \ ! ••� $� r !� ♦ f f �/ i J I J • � r � f / I t � ! • I f I • J C E F _ • , is „ ,o s I , ,r • // I ,o I • , v ,/ i ro J f , ArZEND- A NO---__4 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 FAMILY - HIGH DENSITY DISTRICT) TO NC (NEIGHBORHOOD COMMERCIAL DISTRICT) ON PROPERTY LOCATED AT 2205 WASHINGTON BOULEVARD; 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 Family -High Density District) to NC (Neighborhood Commercial District) on property located at 2205 Washington Boulevard, 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 1984. Mayor - 2 - November 20, 1984 5. Council Letter 140 Honorable Mayor and Members of City Council Subject: Request for zone change from AR to CM on property located at the southwest corner of I-10 South and Walden Road. GENERAL INFORMATION Applicant USPO Status of Applicant property owner Requested Action zone change from AR (Agricultural Residential) to CM (Commercial- Manufacturing) Representative Uses in CM general construction contractors , motor freight transportation and warehousing, transportation services , wholesale trade , durable and non-durable goods Purpose construction of mail distri- bution facility Existing Zoning AR Location southwest corner of I-10 and Walden Road Size 21. 6 acres Existing Land Use vacant Surrounding Zoning and Land Use north - (across Walden) LI, motel east - GC-MD, vacant south - I--10 west - AR, vacant Physical Features subject lot has 348 feet of I-10 frontage on southern boundary Comprehensive Plan Industrial Page 2 SPECIAL INFORMATION Public Utilities in Walden Road Sanitary Sewer: 72 inch line Storm Drainage : open ditch in _ Walden Road and I-10 frontage road Water: 12 inch line Streets Walden Road is designated as a major arterial and has a 90 wa- right-of g- y and -•24-foot-- -.--- pavement. Fire Protection Station #10 , 3855 Washington ANALYSIS - Subject tract is in an area which is presently demonstrating substantial commercial development. - A change to CM will generate additional zone changes in the vici- nity in order that a compatible development pattern will be established. -- A change to CM is consistent with land use principles which state that commercial distribution uses should have direct access to major arterials and major transportation routes . - Supporting utilities are present and adequate to provide service for the proposed use. The request is in accordance with the comprehensive plan. STAFF RECOMMENDATION Staff recommends approval of the request for CM zoning. The basis for the recommendation is : - the subject tract is in an area presently demonstrating substan- tial commercial development, - the request is consistent with land use principles stating that commercial distribution uses should have direct access to major arterials and major transportation routes ; and the request is in accordance with the A lan.comprehensive p Page 3 PUBLIC NOTIFICATION AND RESPONSE Notices Mailed to Property Owners 9 Responses in Favor of Request 1 Responses Opposed to Request 0 PLANNING COMMISSION RECOMMENDATION The Planning Commission recommended approval of the request by a vote of 5 to 0 . The City Manager recommends approval of the ordinance. �,)� V ,�L& -� Karl Nollenberger City Manager U V FILE 957—Z. REQUEST FOR A ZONE CHANGE FROM AR TO CM ON PROPERTY L I LOCATED ON THE SOUTHEAST CORNER OF IH-10 SOUTH AND WALDEN ROAD. Ro Walden r . U. S. POSTAL SE.RVICE s n 1/200 GC MD 10 t (- subject • • Y T � ^o i i i ^% , o i b r^ A 0)^ .. �� s • I �o s 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 AR (AGRICULTURAL-RESIDENTIAL DISTRICT) TO CM (COMMERCIAL-MANUFACTURING DISTRICT) ON PROPERTY LOCATED AT THE SOUTHWEST CORNER OF I-10 SOUTH AND WALDEN ROAD; 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 AR (Agricultural-Residential) to CM (Commercial-Manufacturing District) on property located at the southwest corner of I-10 South and Walden Road, 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 1984. - Mayor - - 2 - ti November 20 , 1984 6. Council Letter 141 Honorable Mayor and Members of City Council Subject: Request for zone change from RS to NC at 5020-5040 Bigner Road. GENERAL INFORMATION Applicant Robert and Shirley Pryor Status of Applicant property owners Requested Action zone change from RS to NC (Neighborhood Commercial) Representative Uses in NC general merchandise stores, food stores , drug stores, fuel dealers, banks, real estate offices, washaterias, beauty and barber shops, doctor and dentist offices , day care - centers Purpose applicant proposes to open a thrift shop (used clothing, miscellaneous items) on Lot 5; no changb in development cur- rently proposed for Lots 3 and 4 Existing Zoning RS (Residential Single Family) :Location 5020-5040 Bigner Road Size 475 x 220 ; 2 . 39 acres Existing Land Use single family residential Surrounding Zoning and Land Use north - RS , single family east - RS, single family south GC-MD, retail uses west - (across Bigner) RS , St . Pius Church Physical Features no distinguishing characteristics Page 2 SPECIAL INFORMATION Public Utilities in Bigner Sanitary Sewer: 8 inch line Storm Drainage : 21 inch line Water: 6 inch line Streets Bigner is designated as a local residential street and has a 60-foot right-of-way and 28- - foot pavement. Fire Protection Station #2 , Wilson and Ironton ANALYSIS - Subject property is contiguous with GC-MD zoning at Bigner and East Lucas. - Section 30-31 of the zoning ordinance will require installation of an 8-foot privacy fence on the northern and eastern bol:ndaries . - The request is in accordance with .land use principles which state that neighborhood commercial uses should locate at or near inter- sections . COMPLIANCE [tiITH COMPREHENSIVE PLAN The comprehensive plan designates the area of the request as a Neighborhood Growth Unit. A change to NC is- in compliance with the plan. STAFF RECOMMENDATION Staff recommends approval of the request for NC. The recommendation is based on: - the request is in accordance with land use principles which state that neighborhood commercial uses should locate at or near inter- sections and not in mid-block; - the request is in compliance with the comprehensive plan. PUBLIC NOTIFICATION; AND RESPONSE Notices Mailed to Property Owners 18 -Responses in -Favor of Request - -- -0_._ _ Responses Opposed to Request 0 Page 3 PLANNING COMMISSION RECOMMENDATION E e Planning Commission recommended approval of the zone change by The of 5 to 0 . The City Manager recommends approval of the ordinance. Karl Nollenberger City Manager � r 2544 -- - - FILE 944-Z. REQUEST FOR A ZONE CHANGI '�. A • FROM RS TO NC ON PROPERTY LOCATED AT 5020 - 5040 BI.GNER ROAD °o —� b APPLICANT: R03ERT PRYOR • �• a � ? t fl \ ° e •� .,: •.e. ..� X 121 9 1/200 00 .00 2•s. 4 4 - �� �— LORILEE M 7 1• I n i to t! N 2x09 ---- W W WHALE a -�-- subject J • I ! l ��• f I t 1 ^ i - W W � S I i t R— S rrt ssrT-y ^!3� -:`+•7zr- .—ai asTia.y- 3 ,e.i.- �.�.r L c A 2 _ 6 t ! 1 • t t 1 0 � ( W J J •�C OJ 1t I cri�. DI a�- .o e-r ar .N a,- .c+i r� tv ar U 60 X90• 'SO- - -- --- .• ra �.o —woo e�c / N Y I 54 0 0 2 53 • • 1 s �, 4 43 4 I 13 � —---�- W • 4) -- -- IL' • a T - ds a`5 — �- - - -- 4 - -- —+ — Pp - --- +-- , •0 J w Q I a 47 o Q a -- ---t --- - -- - A •! t) • / s � A ITEM 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 NC (NEIGHBORHOOD COMMERCIAL DISTRICT) ON PROPERTY LOCATED AT 5020-5040 BIGNER ROAD; 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 NC (Neighborhood Commercial District) on property located at 5020-5040 Bigner Road, 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 1984. Mayor - - 2 - November 20, 1984 7. Council Letter 142 Honorable Mayor and Members of City Council Subject: Request for specific use permit to build professional offices in an RM-H district on property located in the 1900 Block of Dowlen Road. GENERAL INFORMATION Applicant Carl Kohler Status of Applicant engineer for owner, M. J. Campbell Reauested Action specific use permit for pro- fessional offices I Existing Zoning RM-H (Residential Multiple Family High Density) Location 1900 Block of Dowlen Road Size 8 acres Existing Land Use vacant Surrounding Zoning and Land Use north - RS vacant , east - (across DOWlen) RS, single family south - RS, vacant west - RS, vacant Physical Features 405 feet of frontage Comprehensive Plan Neighborhood Growth Unit SPECIAL INFORMATION Public Utilities in Dowlen Sanitary Sewer: 27 inch line Storm Drainage : in Dowlen Road Plater: 12 inch line Streets Dowlen Road is designated as an arterial street and has a 100- foot right-of-way and two 24- foot lanes with a 20-foot median. Fire Protection Station #9 , 7010 Gladys Page 2 ANALYSIS LSee Specific Use Permit Review. STAFF RECOMMENDATION Based on the applicant ' s compliance with the eight conditions neces- sary for specific use permit approval , staff recommends approval of the request. PUBLIC NOTIFICATION AND RESPONSE Notices Mailed to Property Owners 10 Responses in Favor of Request 0 Responses Opposed to Request 0 PLANNING COMMISSION RECOMMENDATION The Planning Commission recommended approval of the request by a vote of 5 to 0. The City Manager recommends approval of the ordinance. Karl Nollenberger City Manager ,Page' 3 - T SPECIFIC USE PERMIT REVIEW ORDINANCE REQUIREMENTS PROPOSAL 1. Description of processes and------------Dowlen Plaza Office Park activities. professional/medical offices 2. Boundaries of area covered by site ------8 . 02 acres, 405 x 860 plan with dimensions. 3. Existing and proposed building locations with: - number of stories; -------------------one - height; ------------------------------maximum height . 23 feet - gross leaseable area; ---------------72 , 900 sa. ft. (22 bldqs . ) - entrances and exits. -----------------from Dowlen Road 4. Existing drainage locations and --------in proposed extension of direction of flow. Wellington Place (50 ' right- of-way, 27 ' pavement) 5. 'Proposed landscaping and screening ------ordinance requires 10-foot buffers . landscaped buffer on 3 sides 6• Location and dimensions of: proposed 50 ' right-of-way - curb cuts (existing and proposed) ;'---dedication will extend west - public and private streets , showing - from Dowlen Road rights-of-way widths; Dowlen: 100 right-of-way - Parking and loading areas ;-----------.typical parking lot: 14 spaces pedestrian walks; -------------------"at building entrances -• exterior lighting; ------------------security lighting on trash storage locations; ------- individual buildings ---- normal commercial collection 7. Fences or screening provisions ----------8-foot privacy fence showing location, type and height. required by ordinance will surround the site 8 . Sign height, location and dimensions.---ziaximum area : 20 sa. ft. maximum height: 15 feet Paae 4 CONDITIONS FOR APPROVAL: A Specific Use Permit shall be issued only if a 1 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; Developed properties to the south and north are similar in appearance and compatible with other uses on the west side of Dowlen Road. 2) That the establishment of the specific use will not impede the normal and orderly development and improvement of surrounding vacant property; Development on Dowlen Road is presently limited to areas which are free from pipeline easements or oil wells . Proposed use poses no impediment to future developments . 3) That adequate utilities, access road, drainage and other necessary supporting facilities have been or will be provided; Existing utilities and storm drainage in Dowlen Road will be extended for service to the current request. 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; Site plan indicates required parking spaces and driveway area per lot. 5) That adequate nuisance prevention measures have been or will be taken to prevent or control offensive odor, fumes , dust, noise and vibration; Proposed office use generates none of the five environmental nuisances. 6) That directional lighting will be provided so as not to disturb or ad- versely affect neighboring properties; Abutting properties will experience no effects from decorative or security lighting on individual buildings . 7) That there are sufficient landscaping and screening to insure harmony and compatibility with adjacent property; Landscaping required by ordinance is shown on site plan . 8) That the proposed use is in accordance with the comprehensive plan; Comprehensive plan shows proposed site as a Neighborhood Growth Unit. Proposed specific use permit conforms to the plan. TILE 955—P. REQUEST FOR A SPECIFIC USE PERMIT TO BUILD PROFESSIONA OFFICES LOCATED IN THE 1900 BLOCK OF DMILEN ROAD APPLICANT: CARL KOHLER n e 4 , 0 1/200 RS 875.22' Y� O 1 e WELLING' 'ON � subject ,OO �� . .t 5� --�w � .7 N o� �H cc Y ? 26 HOWL I ,(e_ a 3 102 Q � SO 0 874.41' L,�O ?s — �+ 0 O \so r f r � o be I iN r ^pp "4 'z i1t e q , °r • 99.3 05 100' ~J �1 RS ?4110 l0 p E3 ke 0 0 d I?lp 77 !� 0 01 • f� Oq NO ORDINANCE NO. ENTITLED AN ORDINANCE ISSUING A SPECIFIC USE PERMIT FOR PROFESSIONAL OFFICES ON PROPERTY LOCATED IN THE 1900 BLOCK OF DOWLEN ROAD. WHEREAS, the Planning and Zoning Commission of the City of Beaumont considered the issuance of a specific use permit for professional offices on property located in the 1900 Block of Dowlen Road, Beaumont, Jefferson County , Texas, to M . J . Campbell, property 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 a specific use permit for professional Offices on property located in the 1900 Block of Dowlen 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 M . J. Campbell, property 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 . 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 lg Mayor - 2 - E November 20 , 1984 8. Council Letter 143 Honorable Mayor and Members of City Council Subject: Request for specific use permit to establish a church in an RM-H district at 7650 Park North Drive. GENERAL INFORMATION Applicant 11th Street Baptist Churcn Status of Applicant property owner Requested Action specific use permit to estab- lish a church in an RM-H district Existing Zoning RM-H (Residential Multiple Family - High Density) Location 7650 Park North Drive Size 5 . 75 acres Existing Land Use vacant i Surrounding Zoning and Land Use _ north - (across Park North) RM-H, apartments east - RM-H, vacant south - P11-H, vacant west - GC-MD, vacant Comprehensive Plan Neighborhood Growth Unit SPECIAL INFORMATION Public Utilities in Park North Dr. Sanitary Sewer: 8 inch line Storm Sewer: 36 inch line Water: 6 inch line Streets Park_ North Drive is designated as a local residential street and has a 60-foot right-of-way and 40-foot pavement. Fire Protection Station 48 , 6297 Highway 105 Page 2 ANALYSIS 1 See Specific Use Permit Review. STAFF RECOMMENDATION Based on the applicant ' s compliance with the eight conditions necessary for specific use permit approval , staff recommends approval of the request. PUBLIC NOTIFICATION AND RESPONSE Notices Mailed to Property Owners 5 Responses in Favor of Request 0 Responses Opposed to Request 0 PLANNING COMMISSION RECOMMENDATION The Planning Commission recommended approval of the specific use permit request by a vote of 5 to 0 . CThe City Manager recommends approval of the ordinance. k/L Karl Nollenberger City Manager Page 3 SPECIFIC USE PERMIT REVIEW ORDINANCE REQUIREMENTS PROPOSAL 1. Description of processes and------------ church: Park North Baptist activities. 2. Boundaries of area covered by site ------ 5. 75 acres plan with dimensions. 3. Existing and proposed building locations with: - number of stories; ------------------- one - height; ------------------------------ 15 feet - gross floor area; -------------------- 2 Proposed at present; 2 in the future* - entrances and exits. ----------------- from Park North Drive 4. Existing drainage locations and --------- to Park North Drive direction of flow. 5. ?.roposed landscaping and screening ------ proposed in parking lot buffers . and front yard areas 6 . Location and dimensions of: - curb cuts (existing and proposed) ;---- proposed: 2 at 40 feet - public and private streets , showing --Park North Drive : 60 foot rights-of-way widths; right-of-way - parking and loading areas;------------parking for 113 cars; two 20 foot drives - pedestrian walks; --------------------at church entrances -- exterior lighting; ___________________security lights at north g g� and south sides of parking trash storage locations; -------------no outdoor trash stor:.ge 7. Fences or screening provisions ----------n.a. showing location, type and height. 8. Sian height, location and dimensions.----40 sq. ft. *Presently Proposed: auditorum - 3536 sq. ft. Sunday school building - 5400 sq. ft. Future: 2 buildings - 19 , 500 sq. ft. total area Page 4 CONDITIONS FOR APPROVAL: A Speci_fi c__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; Existing development in vicinity of request is more inten- sive and will experience no impairment of value. 2) That the establishment of the specific use will not impede the normal and orderly development and improvement of surrounding vacant property; Surrounding multi-family zoning will allow development of more intensive uses than current proposal. 3) That adequate utilities, access road, drainage and other necessary supporting facilities have been or will be provided; Existing support facilities are present and adequate in Park North Drive. 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 o'r adjacent developments; Parking and driveway plan complies with 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 generates none of the five adverse effects . 6) That directional lighting will be provided so as not to disturb or ad- versely affect neighboring properties; Security lighting in parking area will cause no adverse effects . 7) That there are sufficient landscaping and screening to insure harmony and compatibility with adjacent property; Parking area complies with ordinance requirements . No additional ordinance requirements 8) That the proposed use is in accordance with the comprehensive plan; Comprehensive Plan designates subject area as Neighborhood Growth Unit. Request is in accordance with plan. r FILE 954-P. REQUEST FOR A SPECIFIC USE PERMIT TO ESTABLISH A CHURCH ,r�.. �O ,f is /, • �� LOCATED AT 7650 PARK NORTH DRIVE. APPLICANT: 11th STREET BAPTIST CHURC} t!; t I IY 7 tf !! ' 50 'j !/ $ i !t S 51 +� NaVAO I L.iMf Sunbird 1/200 Mm H Qie�^09e fCSP-rAe/!t W 4t 0 t� RMaH optV� R M 1 � c subject O G . Ll -J ° y � / f h� ORDINANCE NO. ENTITLED AN ORDINANCE ISSUING A SPECIFIC USE PERMIT FOR A CHURCH ON PROPERTY LOCATED AT 7650 PARK NORTH DRIVE . WHEREAS, the Planning and Zoning Commission of the City of Beaumont considered the issuance of a specific use permit for a church on property located at 7650 Park North Drive, Beaumont, Jefferson County , Texas, to 11th Street Baptist Church, property owner, its 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 for a church on property located at 7650 Park North Drive, 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 11th Street Baptist Church, property- owner, its legal representatives, successors and assigns for that certain tract &.scribed 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 COUNCIL of the City of Beaumont this the _ day of , 19 - Mayor - 2 - i November 20, 1984 9. Council Letter 144 Honorable Mayor and Members of City Council Subject: Request for specific use permit to establish a doctor' s office in an RM-H district on property located in the 7800 Block of Gladys. GENERAL INFORMATION Applicant pp Dr. Carey Fracht, O.D. Status of Applicant property owner Requested Action specific use permit for doctor' s office Existing Zoning RM-M (Residential Multiple Family - Medium Density) Location 7800 Block of Gladys Size 93 x 199 , 0 . 43 acre Existing Land Use vacant Surrounding Zoning and Land Use north - (across Gladys) RM-m, townhouses east - RM-H, vacant south - RS, single family residences west - RM-H, townhouses ' Physical Features no distinguishing characteristic Comprehensive Plan Neighborhood Growth Unit SPECIAL INFORMATION Public Utilities in Gladys Sanitary Sewer: 30 inch line Storm Drainage : open ditch Water: 12 inch line Streets Gladys is designated as a resi- dential collector and has a 60- foot right-of-way and 20-foot pavement. Fire Protection Station #9 , 7010 Gladys ti Page 2 . ANALYSIS [See Specific Use Permit Review. QTAFF RECOMMENDATION Based on the applicant' s satisfactory compliance with the eight conditions necessary for specific use permit approval, staff recom- mends approval of the request. PUBLIC NOTIFICATION AND RESPONSE Notices Mailed to Property Owners S Responses in Favor of Request 0 Responses Opposed to Request 0 PLANNING COMMISSION RECOMMENDATION The Planning Commission recommended approval of the request by a vote of 5 to 0 . The City Manager recommends approval of the ordinance. Karl Nollenberger City Manager Page 3 SPECIFIC USE PERMIT REVIEW ORDINANCE REQUIREMENTS PROPOSAL 1. Description of processes and------------ optometrist office; activities. Monday-Friday, 9-5 2. Boundaries of area covered by site ------ Block 36 , Lot A, replat plan with dimensions. of Dowlen West Unit XIX; 93 x 199 ; 0 . 43 acre 3. Existing and proposed building locations with: - number of stories; -------------------one - height; ------------------------------ 15 feet - gross floor area; -------------------- 1 building (total area:1200 sq. ft. ) - entrances and exits. -----------------from Gladys 4 . Existing drainage locations and ---------kill connect to open ditch direction of flow. in Gladys 5. '?Yoposed landscaping and screening ------10-foot landsca eO buffer strip to surround three buffers . sides of property 6. Location and dimensions of: - curb cuts (existing and proposed)----Proposed: 1 at 20 feet - public and private streets , showing --Gladys: 60 ' right-of-way rights-of-way widths; - larking and loading areas;------------Parking for 6 cars pedestrian walks ; ---------------- 4 ' wide on building en- ---trances -- exterior lighting; -------------------security lighting at rear trash storage locations; ------------ and in parking lot no exterior storage 7. Fences or screening provisions ----------8-foot privacy fence to showing location, type and height. enclose 3 sides of property maximum area : 20 sq. ft. 8. Sian height, location and dimensions.---Znaxi um height; 15 feet one tache� sign permitted PT-LL-district I Page 4 CONDITIONS FOR APPROVAL:. A Specific 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; Development proposal is compatible in appearance and size , less intense in traffic generation and hours of operation than abut- ting multi-family uses. Potential development value of land in surroundina area zoned RM-H will not be adversely affected. 2) That the establishment of the specific use will not impede the normal and orderly development and improvement of surrounding vacant property; Remaining vacant lots to the east are zoned RM-M. Allowable uses for development will not be impeded by current proposal. 3) That adequate utilities, access road, drainage and other necessary supporting facilities have been or will be provided; All existing utilities are present and adequate for 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; Site plan shows 6 parking spaces . Driveway and parking arrangement have been approved by Urban Transportation. 5) That adequate nuisance prevention measures have been or will be taken to prevent or control offensive odor, fumes ,_ dust, noise and vibration; None of the environmental nuisances are generated by the proposed use. 6) That directional lighting will be provided so as not to disturb or ad- versely affect neighboring properties; No proposal. 7) That there are sufficient landscaping and screening to insure harmony and compatibility with adjacent property; Site plan shows all required fencing and lancscaping required by ordinance on two sides - revision necessary. 8) That the proposed use is in accordance with the comprehensive plan; -- Proposed use is in a Neighborhood Growth Unit of the comprehensive plan. The request is in accordance with the plan. ` - FILE 960-P. REQUEST FOR A SPECIFIC USE PERMI T TO ESTABLISH A DOCTORS r;.I b •� •101 OFFICE IN AN RM-H DISTRICT AND LOCAT IN THE 7800 BLOCK OF GLADYS AVENUE. APPLICANT-: DR. CAREY FRFCHT -9ec i 1/200 t ' c� a / �� RSS ,. a r SLAD►S 71, AVE ,.. ,lad s J� 6L A'DYS II AY roe to ...oa - • � 6 «# w f 7 f 1 it t y Cz Is is to 230-Sri y� C to `IO£"'ICI( °"'V£ subject � Is Y Limerick CZ „o Jo 05 14 .o; to Y - r1•r so I SHANA MAI - DR/V •° '•ems ro .o Shanahan - 'I' •I/C ).0 IJ Ia f • �: •')o .c r0 )-)) )e c. 't )rf 11 ti if 17 tI J! �I so �' !/ to �I � t ,! 1 1 ' f 7 ♦ m y N sr Ir . 1 1! v m A., H - t0 :' I! /♦ /7 /f /1 /. /! /t // /O ! 6L£N WILL 0 DR/V£ L •I�I V'r IC -ter • •�•I )O rJ •'a� 70 1 I Ile _ w IL t• to /! /f /s /f /f /. /! it i X07 1/ » » I•I II er a ro NO._ ORDINANCE NO. ENTITLED AN ORDINANCE ISSUING A SPECIFIC USE PERMIT FOR A DOCTOR' S OFFICE ON PROPERTY LOCATED IN THE 7800 BLOCK OF GLADYS . WHEREAS, the Planning and Zoning Commission of the City of Beaumont considered the issuance of a specific use permit for a doctor' s office on property located in the 7800 Block of Gladys, Beaumont, Jefferson County, Texas, to Dr. Carey Fracht, O.D. , property 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 a specific use permit for a doctor' s office on property located in the 7800 Block of Gladys, 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 Dr. Carey Fracht, O.D. , property owner, its 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 COUNCIL of the City of Beaumont this the _ day of 19 Mayor - 2 - 10. November 30, 1984 Council Letter 147 Honorable Mayor and Members of City Council Subject: Landfill Disposal Fee Exemption On November 6, 1984, the City Council passed a Comprehensive Sanitation and Landfill related ordinance which included the following provision to exempt citizens from disposal fees at the municipal landfill (Section 28-39) . "(a) Applicability: All persons, businesses, commercial institu- tions, public agencies are required to pay a sanitary land- fill disposal fee except: (1) Any resident of the City of Beaumont with a copy of his most recent utility bill showing a paid garbage fee for the residence from which the refuse was ac- cumulated." This provision results in inconvenience to citizens since they do not generally expect such a requirement at the landfill . In addition, no reasonable limit to the number of free trips is provided. The proposed ordinance amendment would replace Section 28-39(a)(1) with the following: "(1) Any resident of the City of Beaumont presenting proof of residency within the City of Beaumont may make a maximum of two trips per month of loads not in excess of 15 cubic yards without charge. The refuse must be accumulated from the person's residence." It should be emphasized that, for purposes of enforcement, Lhe showing of a driver's license will be adequate for proof of residency. In addition, if the individual is new to Beaumont, any proof of residency such as the in- dividual 's name listed in our water utility customer file will be sufficient. It is recommended that this ordinance be adopted. �,)j Karl Nollenberger City Manager NO /O ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING CHAPTER 28 OF THE CODE OF ORDINANCES OF THE CITY OF BEAUMONT TO ALLOW GREATER CONVENIENCE IN CITIZEN EXEMPTION OF LANDFILL DISPOSAL FEES; PROVIDING FOR SEVERABILITY AND PROVIDING FOR REPEAL. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1 . That Chapter 28 , Section 28-39( a) (1 ) of the Code of Ordinances of the City of Beaumont be, and the same is hereby , amended to read as follows: Section 28-39( a) (1 ) : Any resident of the City of Beaumont presenting any proof of residency within the City of Beaumont may make a maximum of two ( 2 ) trips per month of loads not in excess of fifteen ( 15) cubic yards without charge. The refuse must be accumulated from the person' s residence. Section 2 . 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 3 . That all ordinances or parts of ordinances in conflict hE)rewith are repealed to the extent of the conflict only. PASSED BY THE CITY COUNCIL of the City of Beaumont this the day of , 1984. Mayor - 2 - � r 11. November 30, 1984 Council Letter 149 Honorable Mayor and Members of City Council Subject: Authorizing Ten-year Vesting for City Employees During the adoption of the 1984-85 fiscal budget, Councilmembers approved ten-year vesting of benefits in the Texas Municipal Retirement System (TMRS) for pension benefits for City of Beaumont personnel. Subtitle G of Title 110B Revised Civil Statutes of the State of Texas requires that changes to a municipality's retirement system be authorized by ordinance of the City Council. The attached ordinance meets the authorization requirements of the TMRS Act. Adoption of this ordinance will allow the following: 1. A member becomes "vested" with ten years of TMRS service and can then retire at age 60. Vesting means the employee retains future rights to pension benefits even though he/she may terminate employment with the City. 2. All employees that were hired under the age of 60 will become members of the Retirement System and receive full prior service credit back to their date of employment. This means that those employees who were above the maximum age (55) for initial membership in the System at the time of his/her employ- ment, shall become a member of the System on the effective date of the ordinance. In addition, these employees shall be allowed prior service credit for each month of credible service performed for the City of Beaumont from his/her date of employment. 3. All employees hired in the future will be eligible for membership provided they are under 60 years of age when employed. It is recommended that this ordinance be adopted. Karl Nollenberger City Manager PEI I T Z NO TEXAS MUNICIPAL RETIREMENT SYSTEM AN ORDINANCE AFFECTING PARTICIPATION OF CITY EMPLOYEES IN THE TEXAS MUNICIPAL RETIREMENT SYSTEM; GRANTING THE ADDITIONAL RIGHTS, CREDITS AND BENEFITS AUTHORIZED BY SECTIONS 62.105 AND 64.202 OF TITLE 1108, REVISED CIVIL STATUTES OF TEXAS, 1925, AS AMENDED; PROVIDING THAT SUCH RIGHTS SHALL BE SUPPLEMENTARY TO THOSE HERETOFORE ALLOWED AND THAT ARE IN FORCE ON THE EFFECTIVE DATE OF THIS ORDINANCE; AND PRESCRIBING THE EFFECTIVE DATE OF THIS ORDINANCE. BE IT ORDAINED BY THE CITY COUNCIL OF BEAUMONT, TEXAS: Section 1. Pursuant to the provisions of Sections 62.105 and 64.202 of Subtitle G of Title 110B, Revised Civil Statutes of Texas, 1925, as amended, which Subtitle shall herein be referred to as the "TMRS ACT," the City of Beaumont, Texas, adopts the following provisions affecting participation of its employees in the Texas Municipal Retirement System: (a) Each person who becomes an employee of any participating department of this City and who is not already a member of the Texas Municipal Retirement System shall become a member of the System as a condition of employment, provided such person is then under sixty (60) years of age; (b) Any member, after one (1) year from the effective date of his or her membership in the System, shall be eligible for service retirement if he or she has attained the age of fifty (50) years and has completed twenty-five (25) years of creditable service with one or more municipalities that have authorized eligibility under Section 64.202 of the TMRS Act or under Section XX of former Article 6243h, Vernon's Texas Civil Statutes, or if he or she has attained the age of sixty (60) years and has completed at least ten (10) years of creditable service with one or more municipalities that have authorized eligibility under Section 64.202 of the TMRS Act of under Section XX of said former Article 6243h; (c) The membership of any person who has completed at least ten (10) years of creditable service with participating municipalities that have authorized eligibility under Section 64.202 of the TMRS Act (or under Section XX of said former Article 6243h) shall not terminate because of absence from service; and (d) Any person who is an employee of a participating department of this municipality at the effective date of this ordinance, but who at the date of his or her employment was under sixty (60) years of age but did not become a member of Texas Municipal Retirement System because he or she was then above the maximum age then prescribed by law for initial membership in the System, shall become a member of the System at the effective date of this ordinance, unless he or she has already become a member under other provisions of the governing Act, and shall be allowed prior service credit for each month of creditable service performed for this municipality subsequent to the date such person was precluded from membership and prior to the effective date of his or her membership. Such prior service credit shall be calculated using the same percentage of base prior service credit as was most recently used in calculating prior service credits or updated service credits in said System for current member employees of this City. TMR>W—L (Continued) Page 2 Section 2. The rights, credits and benefits hereinabove authorized shall be in addition to the plan provisions heretofore adopted and in force at the effective date of this ordinance pursuant to the TMRS Act. Section 3. This ordinance shall become effective on the first day of October , 19 84 , provided that it has previously been determined by the Actuary for the System that all obligations of the City to the municipality accumulation fund, including obligations hereby undertaken, can be funded by the City within its maximum contribution rate and within its amortization period. Passed and approved this the day of , 19 ATTEST: APPROVED: City Secretary or Clerk Mayor j 12. November 30, 1984 Council Letter 162 Honorable Mayor and Members of City Council Subject: Participation Project - Collier Road Storm Sewer Project Fittz and Shipman, Consulting Engineer for the developer, Stanley P. Smith Companies, has requested City participation in the cost of storm drainage along Collier Road from Crow Road to the most easterly driveway entrance into the apartment project, which will be approximately 900 feet in length. The City's participation will be in accordance with City Storm Drainage Partici- pation Policy. Based on this policy, the City's participation in this project will consist of paying for the difference in the cost of 36-inch storm sewer pipe to drain the apartment complex and 48-inch storm sewer pipe required for proper drainage of the area. The total estimated cost of the City's participation, including engineering fees, is approximately $28,314. The estimated cost of the storm drainage pro- ject is $67,500. Funds are available and the City will administer this con- struction contract. It is recommended that this resolution be approved. Karl Nollenberger City Manager I S \ 4- j 3 o � 0 s o �c 3 o U xrST. 2- 481 PROPOSED COLLIER ROAD 'STORM SEWER 48 It STORM SEWER COLL/C�e QD, 1i olzuw. �r1CLE8R<alUDr AYQU ,,CDWOOD CUTOFF � I O� �P Fittz&Shipman INC_ Connttz,nF fn�nKrs and Land sunlryvrs --- _ FOL 50M DR. r• ITEM :C ------------ R E S O L U T I O N BE IT RESOLVED BY THE--CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be, and he is hereby , authorized to enter into an agreement with Stanley P. Smith Companies, Developer, for city participation in the cost of storm drainage easterly along Collier Road from Crow Road for approximately 900 feet for a sum not to exceed $28 ,314, including engineering fees. BE IT FURTHER RESOLVED that Fittz & Shipman, Consulting Engineers, be contracted to provide the necessary engineering service for this participation project. PASSED BY THE CITY COUNCIL of the City of Beaumont this the day of 1984 . -- Mayor - 13. November 30, 1984 Council Letter 160 Honorable Mayor and Members of City Council Subject: Crockett Connector Right-of-Way Acquisition The Crockett Connector Project, which is part of the Thoroughfare Improvement Program, was approved by Council July 12, 1983. This project will connect the downtown area with Phelan Boulevard west of Interstate 10. Phase I of this project begins at Main Street and ends at Forrest Street. Appraisals and negotiations have been completed for Parcel 13, a 2,173.28 square-foot tract of land out of Lots 686 and 687, Block 29 of the Original Townsite of Beaumont. The owners, the Enterprise Company, have agreed to sell at the value of $24,000. Monies are available for this expenditure in the Thoroughfare Improvement Program budget. This is the sixth parcel out of eleven needed for this project. 'A zi, Karl Nollenberger City Manager _ ----- CALDER 3 J a J � 3 MULBERRI w cr Z BROADWAY Jo tip, LIBERTY ci ,—\ Fq Y ti� LAUREL a -- - - -� rl --- BERR Y �y M UL �s 657 662 656 661 655 660 -- 654 659 ------ / \z - - 6S CROCKETT CONNECTOR TFV/.S TRACT 13 A PORTION OF LOTS 686 a 687 - BLOCK 29 G , OF THE ORIGINAL TOWNSITE OF BEAUMONT URRAN TRANSPORTATION — ENGINEERING DI V 11 ;R N4 No. /3 R E S O L U T I O N WHEREAS, an agreement has been negotiated for the purchase of property needed for the Crockett Connector Thoroughfare Improvement Program Project; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the purchase of the following parcel of land is hereby approved: Parcel 13: A 2 ,173.28 foot tract of land out of Lots 686 and 687, Block 29 of the Original Townsite of Beaumont Cwner: The Enterprise Company Value: $24,000 PASSED BY THE CITY COUNCIL of the City of Beaumont this the day of 1984 . Mayor - 14. November 30, 1984 Council Letter 152 Honorable Mayor and Members of City Council Subject: Westgate Drive Participation Project Kohler and Kohler, acting as Consulting Engineer for Sam C. Parigi , Jr. , Trustee, has requested the City' s participation in the cost of paving a portion of Westgate Drive in accordance with the City's Participation Policy. Eased on this policy, the City's participation in this project will consist of paying for the extra width and thickness required on Westgate Drive from Major Drive 975 feet east. This street is designated as a 37-foot residential collector street in lieu of a 27-foot residential street. The total estimated City cost, including the engineering fee, is $33,682.80. The estimated cost of the entire project is $96,320.73. The City will ad- minister this construction contract. Funds are available within this year's budget. It is recommended that this resolution be approved. VL t\� Karl Nollenberger City Manager 1— K v Q r " RSam O Q. C />O 1 3 J + w , had o f Ln. m GL A�IYS f u I LIMERICK HvAS > SHANAHAN o Cu•e�os. i r � M~~ a GLEN WILLOW )rl h me how 3 CO (Glen Meadow ——WEST ASE WEST GATE OR.EXTENSION v � ac KILARNEY w 'L o o J MAN ON D LA R N EY —' SHENANDOAH WEAVEI s ; :�, �• 81 ENVt L LE g H 1 LO H StG�B I �I WESTGATE DRIVE EXTENSION' 11-27- 84 h R E S O L U T I O N BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be, and he is hereby , authorized to enter into an agreement with Sam C . Parigi , Jr. , Trustee, for city participation in the cost of paving a portion of Westgate Drive for a sum not to exceed $33,682.80, including engineering fees. BE IT FURTHER RESOLVED that Kohler & Kohler, Consulting Engineers, be contracted to provide the necessary engineering services for this participation project. PASSED BY THE CITY COUNCIL of the City of Beaumont this the day of 1984 . - Mayor - 15. November 30, 1984 Council Letter 145 Honorable Mayor and Members of City Council Subject: Former Szafir Building Site Condemnation Pis part of the downtown redevelopment plan, it is proposed the City acquire the former Szafir Building site, a 0.53-acre tract of land. This will give the City ownership of the entire block bounded by Main, Forsythe, Pearl and Fannin. The Szafir parking lot will be used for additional civic complex parking. The former Szafir building will be used for other municipal purposes. The owner, Rio Properties, has refused the offer of the appraised value of $279,600. During negotiations, their firm price was $398,000. This resolution will authorize the Legal Department to commence eminent domain proceedings against Lots 61, 62 and the east 34 feet of Lot 63 in Block 13 of the Original Townsite of Beaumont. It is recommended that this resolution be approved. i2s � -- Karl Nollenberger City Manager TRf l-`.LOU f1 illlW C,� ( rr A E L�II-- ❑WI; •�+ LOCATION MAP w, ❑� ��^\� SCALE: N.T.S n n �i• Ll ZQ ,. •�c>✓�,/" ��/`°� �� ° La I °I ALL: U C� y�s - ��� 'I19 ia,1® MAIIJ �T�EEj I north v � I � � I 'Lu I I c I LA e I Lu .= I I MULTI-STOK'( BRICK BLDC,. I (FORMEK -3ZAFIK BLGC,) cj1 I � I Q j 1 I 1 Izo ; I LOTS 61,62, 8 EAST 34' OF LOT 63 ' I BLOCK 13 TYRRELL HiGT.. LIEKARY -li i ORIGINAL TOWN OF BEAUMONT 240 FORSYTHE STREET L - BEAUMONT JEFFERSON CO. TEXAS NOVEMBER 29,1984 PEAKL G75eT s "!.0� STEM R E S O L U T I O N WHEREAS, the City Council of the City of Beaumont deems it necessary to acquire property in the vicinity of the municipal complex for additional parking and other municipal purposes; and, WHEREAS, said City Council has found that a public necessity exists requiring the location of parking and other municipal facilities on the hereinafter described property; and, WHEREAS, the City Council deems it necessary to acquire the hereinafter described interest in and to the hereinafter described property for the location of parking and other municipal facilities on said land, and has found and determined that said interest in and to the hereinafter described land are suited for such purposes and that it is necessary to acquire same for said purposes; and, WHEREAS, the City of Beaumont, through its duly authorized representatives, has negotiated in good faith with the owners of the hereinafter described land and have been unable to agree with such owners as to the fair market value thereof and damages, if any; NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF BEAUMONT: THAT Lane Nichols, City Attorney , be, and he is hereby , authorized and directed to file or cause to be filed against all owners of the following parcels of land, and all claimants of any interest therein, proceedings in eminent domain to acquire fee simple title for said purposes, in and to the said parcel of land described in Exhibit "A" attached hereto and made a part hereof, the parcels of land being situated in Beaumont, Jefferson County , Texas. PASSED BY THE CITY COUNCIL of the City of Beaumont this the day of 1984 . Mayor - 2 - 16. November 30, 1984 Council Letter 157 Honorable Mayor and Members of City Council Subject: Naming Reception Halls in Julie Rogers Theatre Designating the two reception halls of either side of the entrance of the Julie Rogers Theatre as the "Dr. Lena T. Milam Hall" and the "Nancy F. Strong Hall" was discussed at the Work Session of November 20th. Naming of these two halls is being placed on Tuesday's agenda for Council consideration. It is recommended that this resolution be approved. 4,ZQ- °�h A Y A Karl Nollenberger City Manager AGED A 17 R E S O L U T I O N WHEREAS, the City of Beaumont has benefited immeasurably from the achievements of two of its citizens in the area of the performing arts; and, WHEREAS, one of these citizens, Dr. Lena Triplett Milam, called the "matriarch of Music in Beaumont" , was responsible for the city-wide teaching of music in the public schools to the youth of the community, and was active in the encouragement of music appreciation among all its citizens, and was active in music education in the State of Texas, bringing honor to the community; a.nd, WHEREAS, the second of these citizens, Nancy Faulkner Strong, (Mrs. Beaman Strong) was the guiding hand of the Beaumont Music Commission for over three decades, bringing to Beaumont the most illustrious stars of the music and stage world, thereby enriching the cultural life of the area; NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT we the citizens of Beaumont, desiring to honor the achievements and memory of these ladies do hereby request the City Council of Beaumont to designate the two receptions halls on cithe�r side of the entrance of the Julie Rogers Theater as the Dr. Lena T. Milam Hall and the Nanch F . Strong Hall. PASSED BY THE CITY COUNCIL of the City of Beaumont this the day of 1984 . Mayor - 17 November 30, 1984 Council Letter 158 Honorable Mayor and Members of City Council Subject: Amending Article III of Chapter 6, Code of Ordinance, Relating to Flood Hazard Areas The City of Beaumont is required to adopt regulations that meet minimum flood management requirements set by the Federal Emergency Management Agency. The City's ordinance has to be amended and adopted by December 4, 1984, to main- tain the eligibility of the City's citizens and businesses to participate in the Federal flood insurance program. The amended ordinance has been reviewed and approved by the Federal Emergency Management Agency and the City's Legal Department. Meetings were also con- ducted with the Chamber of Commerce Drainage Committee, the Joint City/Deve- lopment Committee and some members of the Homebuilders Association. A public hearing was conducted on November 20, 1984. No objections to the new ordinance were raised . It is recommended that the amendment to this ordinance be adopted. k�k ry Karl Nollenberger City Manager . CODE OF ORDINANCES CITY OF BEAUMONT TEXAS CHAPTER 6 , ARTICLE III . FLOOD HAZARD AREAS SECTION 6-30 . ESTABLISHMENT Flood hazard areas are hereby established within the city and are designated as Zones A , AO, AH , Al through A30 , inclusive, A99 , B, C, D , V, and Zones V1 through V30 , inclusive , as identified on the Federal Insurance Administration Official Flood Insurance Map, community number 485457B dated December 4 , 1984 , and on file in the office of the city clerk. SECTION 6-30 .1 STATEMENT OF PURPOSE It is the purpose of this Article to promote the public health, safety and general welfare and to minimize public and private losses due to flood conditions in specific areas by provisions designed to: (1 ) To protect human life and health; ( 2 ) To minimize expenditure of public money for costly flood control projects; ( 3 ) To minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public; (4 ) To minimize prolonged business interruptions; (5 ) To minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, streets and bridges located in flood plains; (6 ) To help maintain a stable tax base by providing for the sound use and development of flood-prone areas in such a manner as to minimize future flood blight areas; and , (7 ) To insure that potential buyers are notified that property is in a flood area. Page 1 SECTION 6-30.2 METHODS OF REDUCING FLOOD LOSSES In order to accomplish its purposes, this Article uses the following methods: ( 1 ) Restrict or prohibit land uses that are dangerous to health, safety or property in times of flood, or cause excessive increases in flood heights or velocities; (2 ) Require that land uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction; (3 ) Control the alteration of natural flood plains, stream channels, and natural protective barriers, which are involved in the accommodation of flood waters; (4 ) Control filling, grading , dredging and other development which may increase flood damage; (5 ) Prevent or regulate the construction of flood barriers which will unnaturally divert flood waters or which may increase flood hazards to other lands. SECTION 6-30.3 DEFINITIONS. Unless specifically defined below, words, phrases used in this ordinance shall be interpreted to give them the meaning they have in common usage and to give this ordinance its most reasonable application. Appeal means a request for a review of the chief building inspector' s interpretation of any provisions of this article or a request for a variance as defined in this Section. Area of shallow flooding means a designated AO Zone on a community' s flood insurance rate map (FIRM) with base flood depths from one to three ( 3 ) feet. This condition occurs where a clearly defined channel does not exist, where the Area of Special Flood Hazard is the land in the flood plain within a community subject to a one percent or greater chance of flooding in any given year. The area may be designated as Zones A, AO, AH , Al-99 , VO . or V1-30 . Page 2 Base flood means the flood having a one per cent chance of being equalled or exceeded in any given year. Development means any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging , filling , grading , paving, excavation or drilling operations. Existing mobile home park or mobile home subdivision means a parcel ( or contiguous parcels) of land divided into two ( 2 ) or more mobile home lots for rent or sale for which the construction of facilities for servicing the lot on which the mobile homes is to be affixed ( including , at a minimum, the installation of utilities, either final site grading or the pouring of concrete pads , and the construction of streets) is completed before the effective date of this Article. Expansion to a existing mobile home park or mobile home subdivision means the preparation of additional sites by the construction of facilities for servicing the lots on which the mobile homes are to be affixed ( including the installation of utilities , either final site grading or pouring of concrete pads , or the construction of streets) . Flood or flooding means a general and temporary condition of partial or complete inundation of normally dry land areas from: (1 ) The overflow of inland or tidal waters; ( 2 ) The unusual and rapid accumulation or runoff of surface waters from any source. Flood Hazard Boundary Map ( FHBM) means the official map of the City of Beaumont, issued by the Federal Insurance Administration, where the areas within the boundaries of special flood hazards have been designated as Zone A. Flood insurance rate map ( FIRM) means an official map of a community on which the Federal Insurance Administration has delineated both the areas of special flood hazards and the risk premium zones applicable to the community. Flood Insurance Study is the official report provided by the Federal Insurance Administration. The report contains flood profiles, the water surface elevation of the base flood, as well as the Flood Hazard Boundary-Floodway Map. Floodway means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot. Page 3 Habitable floor means any floor usuable for living purposes, which includes working , sleeping, eating, cooking or recreation, or a combination thereof. A floor used for storage purposes only is not a "habitable floor. " Highest Adjacent Grade means the highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure. Mean sea level means the average height of the sea for all stages of the tide. Mobile home means a structure, transportable in one or more sections, which is built on a permanent chassis and designed to be used with or without a permanent foundation when connected to the required utilities. It does not include recreational vehicles or travel trailers. New mobile home park or mobile home subdivision means a parcel ( or contiguous parcels) of land divided into two 2 or more mobile home lots for rent or sale for which the construction of facilities for servicing the lot on which the mobile home is to be affixed ( including, at a minimum, the installation of utilities, either final site grading or the pouring of concrete pads , and the construction of streets) is completed on or after the effective date of this Article. Start of construction means the first placement of permanent construction of a structure ( other than a mobile home) on a site, such as the pouring of slabs or footings or any work beyond the stage of excavation. Permanent construction does not include land preparation, such as clearing, grading, and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for .a basement, footings , piers or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings , such as garages or sheds not occupied as dwelling units or not as part of the main structure. For a structure ( other than a mobile home ) without a basement or poured footings the "start of construction" includes the first permanent framing or assembly of the structure or any part thereof on its piling or foundation. For mobile homes not within a mobile home park or mobile home subdivision, "start of construction" means the affixing of the mobile home to' its permanent site. For mobile homes within mobile home parks or mobile home subdivisions, "start of construction" is the date on which the mobile home is to be affixed ( including , at a minimum, the construction of streets, either final site grading or the pouring of concrete pads , and installation of utilities) is completed. Structure means a walled and roofed building that is principally above ground, as well as a mobile home. Page 4 Substantial improvement means any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds fifty ( 50) per cent of the market value of the structure either: (1 ) Before the improvement or repair is started; or (2 ) If the structure has been damaged and is being restored, before the damage occurred. For the purposes of this definition "substantial improvement" is considered to occur when the first alteration of any wall, ceiling , floor, or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. The term does not, however, include either: (1 ) Any projects for improvement of a structure to comply with existing state or local health, sanitary, or safety code specifications which are solely necessary to assure safe living conditions; or (2 ) Any alterations of a structure listed on the National Register of Historic Places or a state inventory of historic places. Variance is a grant of relief to a person from the requirements of this Article when specific enforcement would result in unnecessary hardship. A variance, therefore, permits construction or development in a manner otherwise prohibited by this Article. SECTION 6 .31 LANDS TO WHICH THIS ARTICLE APPLIES This Article shall apply to all areas of Special Flood Hazard within the jurisdiction of the City of Beaumont as established in Section 6 .30 . SECTION 6 .32 BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARD The areas of Special Flood Hazard identified by the Federal Insurance Administration in a scientific and engineering report entitled "The Flood Insurance Study for the City of Beaumont, " dated June 4 , 1984 , with accompanying Flood Insurance Rate Maps and Flood Hazard Boundary-Floodway Maps and any revision thereto are hereby adopted by reference and declared to be a part of this Article. SECTION 6 .33 CHANGING BOUNDARIES OR REGULATIONS The governing body of the city may from time to time amend, supplement, or change by ordinance the boundaries of the flood hazard areas or regulations herein established, if required or approved by the Federal Emergency Management Agency (FEMA) . Page 5 SECTION 6 .34 FLOOD CONTROL BOARD -- ESTABLISHMENT; MEMBERSHIP A flood control board is hereby established, which shall consist of the board of adjustment. (Code 1958, Section 8-11 ) SECTION 6 .34.1 SAME -- POWERS The flood control board shall have the following powers: (1 ) To hear appeals and to make decisions thereon where it is alleged there is an error in any order, requirement, decision, or determination made by an administrative official in the enforcement of this Article. ( 2 ) To grant variances in cases in which the property owner meets the conditions set forth in Section 6 .35 of this Article. SECTION 6 .34 .2 SAME -- QUORUM; VOTING All cases brought before the flood control board shall be heard 'by at least four (4) board members, which shall constitute a quorum. Decisions shall be based upon a minimum of four (4 ) concurring votes. SECTION 6 .35 GRANTING OF VARIANCES ( 1 ) Variances may be issued for the reconstruction, rehabilitation or restoration of structures listed on the National Register of Historic Places or the State Inventory of Historic Places, without regard to the procedures set forth in the remainder of this section. (2 ) Generally, variances may be issued for new construction and substantial improvements to be erected on a lot on one-half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, Page 6 providing the relevant factors in Section 6 .38 . 2 have been fully considered. As the lot size increases beyond the one—half acre, the technical justification required for issuing the variance increases. ( 3 ) Upon consideration of the factors noted above and the intent of this Article, the Flood Control Board may attach such conditions to the granting of variances as it deems necessary to further the purpose and objectives of this Article. (Section 6 .30 .1 ) (4 ) Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result. (5 ) Prerequisites for granting variances: a. Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief. b. Variances shall only be issued upon ( i ) a showing of good and sufficient cause, ( ii) a determination that failure to grant the variance would result in exceptional hardship to the applicant, and (iii) a determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances. C . Any applicant to whom a variance is granted shall be given written notice that the structure will be permitted to be built with a lowest floor elevation no less than the regulatory base flood elevation, and that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation. SECTION 6 .36 ESTABLISHMENT OF DEVELOPMENT PERMIT A development permit shall be required to ensure conformance with the provisions of this article. Page 7 SECTION 6 .36 .1 COMPLIANCE No structure or land shall hereafter be located, altered, or have its use changed without full compliance with the terms of this Article and other applicable regulations. SECTION 6 .36 .2 ABROGATION AND GREATER RESTRICTIONS This Article is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this Article and another conflict or overlap, whichever imposes the more stringent restrictions shall prevail . SECTION 6 .36 .3 INTERPRETATION In the interpretation and application of this Article, all provisions shall be: (1 ) considered as minimum requirements; (2 ) liberally constructed in favor of the governing body; and (3 ) deemed neither to limit nor repeal any other powers granted under State statutes. SECTION 6 .37- WARNING AND DISCLAIMER OF LIABILITY The degree of flood protection required by this Article is considered reasonable for regulatory purposes and is based on scientific and engineering considerations . On rare occasions greater floods can and will occur and flood heights may be increased by man-made or natural causes. This ordinance does not imply that land outside the areas of special flood hazards or uses permitted within such areas will be free from flooding or flood damages. This ordinance shall not create liability on the part of the City of Beaumont or any officer or employee thereof for any flood damages that result from reliance on this ordinance or any administrative decision lawfully made thereunder. Page 8 SECTION 6 .38 PERMITS -- INFORMATION REQUIRED Application made to the City for- any permit authorizing the subdivision or development of any parcel of land or the construction, placing , or substantial improvement of any structure within a flood hazard area shall include evidence demonstrating the following: ( 1 ) That the proposed subdivision, development, or construction is designed so as to be consistent with the need to minimize flood damage and is in compliance with the terms of this Article. (2 ) That all public utilities are located, elevated, and constructed to minimize or eliminate flood damage. (3 ) That adequate drainage is provided. SECTION 6 .38 .1 DUTIES AND RESPONSIBILITIES OF THE CHIEF BUILDING INSPECTOR Duties and responsibilities of the chief building inspector shall include, but not be limited to: (1 ) Review, approve or deny all applications for development permits required by Section 6 .38 of the Article; ( 2 ) Review permits for proposed development to assure that all necessary permits have been obtained from those federal , state or local governmental agencies from which prior approval is required; ( 3 ) Where interpretation is needed as to the exact location of the boundaries of the areas of special flood hazards (for example, where there appears to be a conflict between a mapped boundary and actual field conditions) the chief building inspector shall make the necessary interpretation. The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in Section 6 .34 .1 of this Article; (4) Notify adjacent communities and the Texas Department of Water Resources prior to any alteration or relocation Page 9 of a watercourse, and submit evidence of such notification to the Federal Insurance Administration; ( 5 ) Assure that maintenance is provided within the altered or relocated portion of said watercourse so that the flood carrying capacity is not diminished; ( 6) When base flood elevation data has not been provided in accordance with Section 6.39 , the chief building inspector shall obtain, review, and reasonably utilize any base flood elevation data available from a federal, state, or other source, in order to administer the provision of Section 6 .38 .1 (1 ) . ( 7 ) Maintain and hold open for public inspection all records pertaining to the provisions of this Article. (8 ) Maintain a record of all actions involving an appeal and shall report variances to the Federal Insurance Administration upon request. SECTION 6 .38 .2 PERMIT PROCEDURES (1 ) Application for a development permit shall be presented to the chief building inspector on forms furnished by him and may include , but not be limited to, plans in duplicate drawn to scale showing the location, dimensions, and elevation of proposed landscape alterations, existing and proposed structures, and the location of the foregoing in relation to areas of special flood hazard. Additionally, the following information is required: ( a) Elevations: 1 . The ground elevation. 2 . The first floor elevation. 3 . In the case of a basement, the distance between the first floor and the bottom of the lowest opening where water flowing over the ground would enter. 4 . Elevation in relation to mean sea level, of the lowest floor ( including basement) of all proposed structures; 5 . Elevation in relation to mean sea level to which any nonresidential structure shall be floodproofed. (b) A certificate from a registered professional engineer or architect that the non-residential floodproofed Page 10 structure shall meet the floodproofing criteria of Section 6 .44 (2 ) . ( c) Description of the extent to which any watercourse or natural drainage will be altered or relocated as a result of proposed development. (2 ) Approval or denial of a Development Permit by the Chief Building Inspector shall be based on all of the provisions of this Ordinance and the following relevant factors: (a) The danger to life and property due to flooding or erosion damage; (b) The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner; ( c) The danger that materials may be swept onto other lands to the injury of others; (d) The compatibility of the proposed use with existing and anticipated development; ( e) The safety of access to the property in times of flood for ordinary and emergency vehicles; (f) The costs of providing governmental services during and after flood conditions including maintenance and repair of streets and bridges, and public utilities and facilities such as sewer, gas, electrical, and water systems. (g ) The expected heights, velocity, duration, rate of rise and sediment transport of the flood waters and the effects of wave action, if applicable, expected at the site; ( h) The necessity to the facility of a waterfront location, where applicable; ( i ) The availability of alternative locations, not subject to flooding or erosion damage, for the proposed use; ( j ) The relationship of the proposed use to the comprehensive plan for that area. ` Page 11 SECTION 6 .38 .3 SAME -- REVIEW OF APPLICATIONS All such evidence as required by -Section 6 .38 shall be submitted to the director of public works and to the director of public utilities for review and verification. The findings of the director of public works and the director of public utilities shall be in writing and shall constitute a condition of the permit; no permit shall be issued without such written findings. SECTION 6 .39 STANDARDS FOR SUBDIVISION PROPOSALS Base flood elevation data shall be provided for subdivision proposals and other proposed developments which are greater than the lesser of fifty (50) lots or five (5 ) acres, if not otherwise provided pursuant to this Article. Such data shall demonstrate: (1 ) That all subdivision proposals shall be consistent with Sections 6 .38 , 6 .38 .2 , 6 .40, 6 .41 , 6 .42, 6 .42.2 , 6 .43, 6 .44, 6 .44.1 , 6 .45 and 6 .46 of this Article. ( 2 ) That all proposals for the development of subdivisions shall meet development permit requirements of Section 6 .38 and Section 6 .38 .2 of this Article; ( 3 ) That all subdivision proposals shall have adequate drainage provided to reduce exposure to flood hazards; and, (4 ) That all subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize flood damage. SECTION 6 .40 USES; RESTRICTIONS Located within areas of Special Flood Hazards established in Section 6 .32 are areas designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of flood waters which carry debris, potential projectiles and erosion potential , the following provisions shall apply: Page 12 (a) Encroachments are prohibited, including fill, new construction, substantial improvements and other developments unless certification by a professional registered engineer or architect is provided demonstrating that encroachments shall not result in any increase in flood levels during occurence of the base flood discharge. (b) If Section 6 .40 (a) above is satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of Section 6 .39 , 6 .40, 6 .41, 6 .42 , 6 .42.1 , 6 .43 , 6 .44, 6 .44.1 , 6 .45 , 6 .45 .1 and 6 .46 . ( c) Prohibit the placement of any mobile homes , except in an existing mobile home park or subdivision. SECTION 6 .41 CONSTRUCTION TECHNIQUES, MATERIALS, AND UTILITY EQUIPMENT (a ) Within a flood hazard area , construction techniques used in new construction, major repairs, or substantial improvements must be those which will minimize flood damage, and both construction materials and utility equipment must be flood resistant . ( b) Structures shall be designed or modified to prevent floatation, collapse or lateral movement of the structure and to prevent damage to nonstructural elements. All mobile homes not on wheels and all frame structures , including prefabricated houses, shall be securely anchored to foundations in order to prevent floatation or lateral movement. ( c) All air ducts, large pipes, and storage tanks located at or below the first floor level shall be firmly anchored to prevent floatation. Tanks shall be vented at a location above the one hundred-year flood level . SECTION 6 .42 WATER SUPPLY AND SANITARY SEWAGE SYSTEMS New or replacement public water systems and/or sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the systems and discharges from the systems into flood waters. Page 13 SECTION 6 .42 .1 ON-SITE WASTE DISPOSAL SYSTEMS On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding. SECTION 6 .43 ELEVATION -- RESIDENTIAL STRUCTURES Within a flood hazard area, residential structures which are newly constructed or which are being substantially improved must have the lowest floor, including basement elevated to above the regulatory base flood elevation specified in the flood insurance study of June 4 , 1984 prepared by FEMA. SECTION 6 .44 SPECIFIC STANDARDS -- BASE FLOOD ELEVATIONS DETERMINED In all areas of special flood hazards where base flood elevation data has been provided as set forth in Section 6 .30, Section 6 .38 .1 , or Section 6 .39 , the following provisions are required: (1 ) Residential construction. New construction or substantial improvement of any residential -structure shall have the lowest floor, including basement, elevated to one (1 ) foot above the regulatory base flood elevation. A registered professional engineer, architect, or land surveyor shall submit a certification to Lhe chief building inspector that the standard of this subsection, as proposed in Section 6 .38 .2 is satisfied; (2 ) Nonresidential construction. New construction substantial improvement of any commercial, industrial or other nonresidential structure shall either have the lowest floor, including basement, elevated to one ( 1 ) foot above the regulatory base flood elevation or, together with attendant utility and sanitary facilities, be floodproofed so that below the regulatory base flood level the structure is water tight: with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy. A registered professional engineer or architect shall submit a certification to the chief" building inspector that the standards of this subsection as proposed in Section 6 .38 .2 are satisfied. Page 14 SECTION 6 .44.1 SAME -- BASE FLOOD ELEVATIONS UNKNOWN When FEMA has designated areas of special flood hazards (A Zones) , but has not produced a base flood elevation the community shall obtain, review, and reasonably utilize any base flood elevation data available from a Federal , State or other source as criteria for requiring that: (1 ) All new construction and substantial improvements of residential structures have the lowest floor ( including basement) elevated to one ( 1 ) foot above the regulatory base flood level , ( 2 ) All new construction and substantial improvements of nonresidential structures have the lowest floor ( including basement) elevated or floodproofed to one ( 1 ) foot above the regulatory base flood level. SECTION 6 .45 SAME -- NONRESIDENTIAL STRUCTURES Within a flood hazard area, nonresidential structures which are newly constructed or which are being substantially improved either must have the lowest floor, including basement, elevated to one ( 1 ) foot above the regulatory base flood elevation, or must together with attendant utility and sanitary facilities, be floodproofed as specified in the flood insurance study of June 4 , 1984 prepared by FEMA. SECTION 6 .45 .1 SPECIFIC STANDARDS -- MOBILE HOMES For new mobile home parks and subdivisions; for expansions to existing mobile home parks and subdivisions where the repair, reconstruction or improvement of the streets, utilities and pads equals or exceeds fifty (50) per cent of value of the streets, utilities and pads before the repair, reconstruction, or improvement has commenced; and for mobile homes not placed in a mobile home park or subdivision it shall be required that: ( 1 ) Stands or lots be elevated on compacted fill or on pilings so that the lowest floor of the mobile home is elevated to one (1 ) foot above the regulatory base flood level. A registered Page 15 path of flooding is unpredictable and indeterminate; therefore, the following provisions apply: (1 ) All new construction and substantial improvements of residential structures shall have the lowest floor, including basement, elevated above the crown of the nearest street to or above the depth number specified on the community' s FIRM (at least two ( 2 ) feet if no depth number is specified) ; (2 ) All new construction and substantial improvements of nonresidential structures shall : (a) Have the lowest floor, including basement, elevated above the crown of the nearest street or above the depth number specified on the FIRM , (at least two (2 ) feet if no depth number is specified) or; (b) Together with attendant utility and sanitary facilities be completely floodproofed to or above that level so that any space below that level is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; ( 3 ) A registered professional engineer or architect shall submit a certification to the chief building inspector that the standards of this section, as proposed in Section 6 .44, 6 .45 .1 are satisfied. (4 ) Require within Zones AH and AO, adequate drainage paths around structures on slopes, to guide floodwaters around and away from proposed structures. SECTION 6 .47 CONFLICT OF LAWS Within a flood hazard area, the provisions of thi"s Article shall take precedence over any conflicting municipal laws, ordinances , or codes. SECTION 6 .48 EXISTING STRUCTURES With exception of provisions which relate to the establishment of elevations of structures lying within flood hazard areas, the provisions Page 17 of this Article shall not apply to any structure existing as of the effective date of the ordinance from which this section is derived, unless such structure is undergoing substantial improvement at that time. SE C'CION 6 .49 VIOLATIONS -- ENFORCING OFFICER It shall be the duty of the building official, or his designated representative, to make inspections to determine the existence of violations of this Article. SECTION 6 .50 SAME -- ACTION TO PREVENT AND ABATE In case any building or structure is erected, constructed, reconstructed, altered, repaired, converted or maintained, or any building , structure, or land is used in violation of this Article, the city', in addition to other remedies, shall institute any proper action or proceedings necessary, including the denial of connections to public utility systems , to restrain, correct, or abate such violations; to prevent the occupancy of such building, structure, or land; or to prevent any illegal act, conduct, business, or use in or about such premises. Page 18 CONSENT AGENDA DECEMBER 4, 1984 * Approval of Minutes. a. A resolution making committee appointments. b. A resolution accepting for City maintenance water, sanitary sewer, storm sewer and street improvements constructed in Willow Creek Country Club Estates, Phase I , Section III. c. A resolution authorizing purchase of a parcel of property for the Highland Avenue TIP Project. d. A resolution authorizing execution of a license agreement with LDX Net, Inc. e. A resolution authorizing Change Order No. 1 to the contract for drainage improvements to the Beaumont Public Library. f. A resolution authorizing purchase of a suction bowl for a pump for the Railroad/College Street underpass. g. A resolution authorizing payment for 150 copies of Supple- ment 32 to the City of Beaumont Code of Ordinances. h. A resolution authorizing demolition and removal of four structures. l a. November 30, 1984 Council Letter 155 Honorable Mayor and Members of City Council Subject: Committee Appointments A resolution making the following committee appointments is on the agenda for Council consideration Tuesday. Shelia Bailey and Evelyn Provo would be appointed to the Clean Community Com- mission to fill vacant positions. Their terms would conclude September 30, 1986. James Jackson would be appointed to the Parks and Recreation Advisory Committee to fill a vacant position and Larry Porter would be reappointed to this com- mittee. Their terms would expire June 30, 1986. Nominations for these ap- pointments were made by Councilmember Moore. It is recommended that this resolution be approved. Karl Nollenberger City Manager R E S O L U T I O N BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the following appointments and reappointments be made: Appointments Reappointments Expiration Commission of Terms Shelia Bailey Clean Community 9/30/86 Evelyn Provo Clean Community 9/30/86 Larry Porter Parks & Recreation 6/30/86 James Jackson Parks & Recreation 6/30/86 PASSED BY THE CITY COUNCIL of the City of Beaumont this the day of 1984 . Mayor - b. November 30, 1984 Council Letter 153 Honorable Mayor and Members of City Council Subject: Willow Creek Country Club Estates Phase I , Section III Final inspection of water, sanitary sewer, storm sewer and street improvements constructed in Willow Creek Country Club Estates, Phase I, Section III , was made by the Urban Transportation and Water Utilities Departments. These im- provements were found to be constructed in accordance with City of Beaumont standards. Street Improvements Pebble Beach Drive from the existing pavement southeast, approximately 1,050 feet to, and including, the cul-de-sac. Carmel Circle from Pebble Beach Drive approximately 195 feet southwest to, and including, the cul-de-sac. Water Improvements Lots 13 - 40, Block 2 It is recommended that this resolution, accepting these improvements for City maintenance, be approved. k,Z Karl Nollenberger City Manager II I I WALDEN ROAD z o < q TILLERv i L � OA. ks �FK pA• 0 • f r o wRE'�%M LOCATION ,O �O s RpO� Rp4,D FINAL PLAT OF PHASE I,SECTION= WILLOW CREEK COUNTRY CLUB ESTATES LOTS 1 3 - 40, BLOCK 2 A SUBDIVISION OUT OF THE S. STIVERS LEAGUE, A-51 BEAUMONT, JEFFERSON COUNTY, TEXAS Nov. 27 1984f n �z mz 110. R E S O L U T I O N WHEREAS, the developers of Willow Creek Country Club Estates Phase I , Section II, have completed the water, sanitary sewer, storm sewer and street improvements as follows: Street Improvements: Pebble Beach Drive from the existing pavement southeast approximately 1 ,050 feet to, and including, the cul-de-sac Carmel Circle from Pebble Beach Drive approxi- mately 195 feet southwest to, and including, the cul-de-sac Water and Sewer Improvements: Lots 13 - 14-, Block 2 and, WHEREAS, the developers of said subdivision desire to have these improvements accepted and maintained by the City; and, WHEREAS, the directors of the Urban Transportation and Water Utilities departments recommend that said improvements qualify for acceptance for permanent maintenance, and the City Council is of the opinion that said improvements should be accepted and maintained by the City of Beaumont; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the water, sanitary sewer, storm sewer and street improvements in Willow Creek Country Club Estates Phase I , Section II, as above described, be, and the same are hereby , accepted by the City of Beaumont and shall be continuously maintained by the City. PASSED BY THE CITY COUNCIL of the City of Beaumont this the day of 1984 . - Mayor - - 2 - C . November 30, 1984 Council Letter 154 Honorable Mayor and Members of City Council Subject: Highland Avenue TIP Project Right-of-Way Acquisition The City Council approved hiring of appraisers on May 8, 1984, to establish values for the purchase of right-of-way required for the Highland Avenue Thoroughfare Improvement Program Project. Highland Avenue will be improved by providing a four-lane facility with protected left-turn lanes at two major intersections, Florida Avenue and Lavaca Street. Appraisals and negotiations have been completed on eleven out of sixteen parcels. The owners of Parcel No. 1 have agreed to accept the appraised value and convey the property required for the project. Parcel 1: 0.031 acres out of Lots 1 through 4, Block 2, of the Mazzu Addition for $2,800. Owners: Jess and Jetta Mazzu It is recommended that this resolution be approved. Karl Nollenberger City Manager 4a � LOCATION MAP �e SCALE N.T.S i 'T.I.,I�j�r9; I 1lO PJ�.LrJ!a=i�.b�l I�At�J�yt�L•ru-Y ��. ru .....ii�� -,rll.'�l!.` `F.:JJ� r•��y::r � 11-!���'r 1., rr�� Jl = CL•RR ♦N. � /��1�\\ [ �� G•RL•N f 1, ;�I IMIG M 01M i eel, n \,FL R,DA S F 7 y.`P...... ♦. .♦ RONALD D.FIflZ ,o.. 175a.....� 5/75�c,.x•r..p t1,.e..a...o CJsxa..seo LA���S,..c.`.�;<;o Aa fSC....o O�of Cara/,?,5,•7..0�f,T<x.- 7� Sul 2 O/T c M.irr✓Azov. W.rr..+rE ,fix/, /d..eex.c Larbue�q ¢<er 7.'�<ou.w a.JT Cou..rr Moi�«oa� ILoT d GoT 'J Cow-to GoT S 7-� e'v rvo 7 J. . I 2 5cT/ce� � , •� - x.99' ��r _ .:,/N fE3'�!1'E� ,v69•�r:�•�✓ ia.oa' ��6 raF 7./✓aw i:,.< nl ..off 5/�5;1iGi/LANrJ A✓E!p �i/7�Sf1iGr/[.A.�OIr;✓E.' PARCEL I out of LOTS I,2,3,a 4,BLOCK 2 of the MAZZU ADDN. NOVEMBER 28, 1984 e R E S O L U T I O N WHEREAS, an agreement has been negotiated for the purchase of three ( 3 ) parcels of property needed for the Highland Avenue T. I .P . Project; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the purchase of the following parcel of land is hereby approved: Parcel 1 : 0 .031 acres out of Lots 1 through 4 , Block 2 of the Mazzu Addition Owners: Jess and Jetta Mazzu Value: $2 ,800 Parcel 9 : 0 .006 acres out Block 3A, W. W. Chaison Addition Owner: Peter V. Wilcox Value: $325 Parcel 16: 0 .006 acres out of Block 2 , Robertson Addition Owner: Thelma Acord Value: $350 PASSED BY THE CITY COUNCIL of the City of Beaumont this the day of 1984. Mayor - d. November 30, 1984 Council Letter 165 Honorable Mayor and Members of City Council Subject: License Agreement with LDX Net, Inc. The Engineering Division has received a request from LDX Net, Inc. to lay fiber optic cable along Kansas City Southern and Missouri Pacific Railroad rights-of-way. LDX plans to enter the City from the eastern City limits and continue throughout to the western limits of the City. The request has been reviewed by the Engineering Division and the proposed work will riot distrub the surface of any streets as the cable will be bored under all street crossings. LDX has agreed to a license agreement which includes payment to the City of one dollar per each linear foot of cable constructed along or crossing any street right-of-way. Payment of $2,683 has been received and deposited for the proposed work. LDX is negotiating with the Lower Neches Valley Authority and Jefferson County Drainage District 6 for approval to cross the LNVA Canal , Amelia Cut-off Ditch, Caldwood Cut-off Ditch, and Hillebrandt Bayou. It is recommended that this resolution be approved. Karl Nollenberger City Manager .. 1 AGENDA jrMl, R E S O L U T I O N BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be, and he is hereby , authorized to enter into a license agreement with LDX Net, Inc. to construct a fibrer Optic cable communications system along or across street right-of-way throughout the city in the form attached hereto as Exhibit "A" . PASSED BY THE CITY COUNCIL of the City of Beaumont this the day of 1984 . - Mayor - z � e. November 30, 1984 Council Letter 151 Honorable Mayor and Members of City Council Subject: Change Order No. 1 to Contract for Drainage Improvements to Beaumont Public Library On October 2, 1984, the City Council authorized the City Manager to enter into a. contract with Jim Walters Construction to provide for drainage improvements to the Public Library. The project was initiated to alleviate problems of flooding at the below-grade loading area on the building's east side. During excavation for the proposed 15-inch PVC drainage pipe, it was determined that the original location of this line would interfere with existing air con- ditioning lines. Therefore, an alternate route to bypass the air conditioning lines was initiated. On November 14, 1984, the contractor submitted the following information with regard to providing the necessary additional labor and materials to successfully complete their portion of the project: I!antit Unit Description Unit Price Total 2 ea. 15" , 45° bend $170.07 $ 340. 14 230 LF Extra excavation and extra sand 4.05 931.50 $1,271.64 In addition, due to the necessity of relocating the proposed 15-inch drainage pipe, a manhole must also be installed in College Street. However, the materials and labor for installing this manhole will be provided by the Urban Transportation Department's Drainage Division. Also included in this Change Order is payment for extra work performed by the contractor. on Friday, November 9th and Monday, November 12th. Due to the fact that concrete stabili- zed material was encountered around the air conditioning lines, the contractor Performed additional excavation to determine the extent of underground ob- structions. The total cost of the extra work is $534.90 for both days. The total amount of Change Order No. 1 (including the additional materials and labor to be furnished by the contractor, as well as the extra work des- cribed above) is $1,806.54, and will be paid for from funds in the Drainage Division operating budget. The original contract amount for this project was $10,677.20, and has been encumbered in the Library's fiscal year 1984 Council Letter 151 November 30, 1984 Page 2 budget. Implementation of Change Order No. 1 in the amount of $1,806.54 brings the project cost to a total of $12,483.74 (an increase of 17 percent) . It is recommended that this resolution be approved. S� Karl Nollenberger City Manager 4 � � _ : 4 : } vI R E S O L U T I O N WHEREAS, on October 2 , 1984, the City awarded a contract to Jim Walters Construction Company to provide for drainage :improvements to the Beaumont Public Library; and, WHEREAS, Change Order No. 1 has been proposed to relocate a 15" drainage pipe and to install a manhole at a cost of $1 ,271 .64 ; and, WHEREAS, additional excavation was done to determine the extent of underground obstruction after encountering concrete stabilized material around the air conditioning lines at a cost of $ 534.90 ; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be, and he is hereby , authorized to execute Change Order No. 1 to the contract with Jim Walters Construction Company increasing the contract amount by $1 ,806.54 for a total contract amount of $12,483.74. PASSED BY THE CITY COUNCIL of the City of Beaumont this the day of 1984 . i - Mayor - � r f. November 30, 1984 Council Letter 150 Honorable Mayor and Members of City Council Subject: Purchase of Dewatering Pumps for Railroad/College Street Underpass Two 4,000 gallon-per-minute pumps are used to dewater the Railroad/College Street underpass during rainfall periods. The Cascade brand pumps have been in service since 1966. Sand and grit that washes off the streets has damaged one of the pump's suction bowl to the point that it is not useable. Efforts were made to secure quotations from other sources and a single quote was received from Pump Specialists, Inc. of Beaumont, the regional represen- tative for Cascade Pump Company. The suction bowl cost is $1,689. Monies for this purchase are available within the Water Utilities Department budget. It is requested that this resolution be approved. �� rV x,,� Karl Nollenberger City Manager 1 %Or kA Nv NO R E S O L U T I O N BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be, and he is hereby , authorized to pay Frump Specialists, Inc. One Thousand Six Hundred Eighty-Nine Dollars ($1 ,689) for the emergency purchase of a suction bowl for the 4000 gpm pump in use at the Railroad-College Street underpass. PASSED BY THE CITY COUNCIL of the City of Beaumont this the day of 1984 . - Mayor - M 7 9• November 30, 1984 Council Letter 148 Honorable Mayor and Members of City Council Subject: Payment for Supplement 32 of Code of Ordinances Occasionally, the Code of Ordinances book for the City of Beaumont has to be updated. Our most recent supplement is No. 32. One hundred and fifty copies of Supplement No. 32 to the Beaumont Code of Ordinances is provided by the Municipal Code Corporation for the amount of $1,144.34. The money is bud- geted in the Special Services Account within the City Clerk's budget. It is recommended that this resolution be approved. Karl Nollenberger City Manager R E S O L U T I O N BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be, and he is hereby , authorized to pay Municipal Code Corporation One Thousand One Hundred Forty-Four Dollars and Thirty-Four Cents ( $1 , 144 .34) for One Hundred Fifty ( 150) copies of Supplement 32 of the City of Beaumont' s Code of Ordinances. PASSED BY THE CITY COUNCIL of the City of Beaumont this the day of 1984 . Mayor - h. November 30, 1984 Council Letter 146 Honorable Mayor and Members of City Council Subject: Demolition and Removal of Dangerous Structures Council approved on earlier dates the demolition and removal of houses located at 3058 Dorothy, 1020 Finis, 345, 355 and 365 Jackson and 1115 Stewart. Bids for demolition were received November 19, 1984. They are as follows: Lombardo Richard G. Speedway Locations Tree Service Lyons Service Co. 1. 3058 Dorothy $ 890.00 $ 675.00 $ 799.00 2. 1020 Finis 1 ,140.00 825.00 969.00 3. 345, 355 and 365 Jackson 3,150.00 2,125.00 4,295.00 4. 1115 Stewart 1 ,090.00 825.00 -No Bid- Richard G. Lyons submitted the best and or lowest bid on the 3058 Dorothy, 1020 Finis, 345, 355 and 365 Jackson and 1115 Stewart projects. The contract will be paid utilizing the Demolition and Removal (Special Services) line item within the Minimum Housing Code Division fiscal year 1984/1985 budget. It is recommended that the contracts be awarded to Richard G. Lyons in the amount of $4,450.00 and final payment be authorized after all work has been completed as specified in the contract. It is recommended that this resolution be approved. �L r�,,& L,�f Karl Nollenberger City Manager M w NO- R E S O L U T I O N WHEREAS, on November 19 , 1984, bids were received for demolition of structures located at 3058 Dorothy, 1020 Finis, 345, 355 and 365 Jackson and 1115 Stewart; and, WHEREAS, Richard G. Lyons submitted a bid in the amount of $4 ,450 ; and, WHEREAS, the City Council is of the opinion that the bid submitted by Richard G. Lyons is the lowest and best bid and should be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the bid submitted, by Richard G. Lyons in the amount of $4 ,450 for demolition of structures located at 3058 Dorothy, 1020 Finis, 3.45, 355 and 365 Jackson and 1115 Stewart be accepted by the City of Beaumont and the City Manager is hereby authorized to make payment for same upon acceptable comp) eticn. PASSED BY THE CITY COUNCIL of the City of Beaumont this the day of , 1984 . - Mayor - i WORK SESSION AGENDA DECEMBER 4, 1984 CITY COUNCIL CHAMBERS 1. Discussion of Housing Rehabilitation guidelines. 2. Discussion of minority participation in professional contract services. 3. Community Development Block Grant Citizens Advisory Committee recom- mendations for Social Service Facility Rehabilitation Projects. 4, Discussion of proposed increase of notification radius for rezoning cases. 5. Discussion of Animal Code revisions. W/S November 30, 1984 1. Council Letter 161 Honorable Mayor and Members of City Council Subject: City's Rehabilitation Loans and Grants Program In September, the City Council requested a workshop to be held on the City's Rehabilitation Loan Program for the purpose of informing Councilmembers better on the program and its features. A workshop has been scheduled for this pur- pose on December 4th. The City's Rehabilitation Loans and Grants Program was primarily designed to provide low interest rehabilitation loans and grants to property owners in the Community Development Strategy Areas which include the following census tracts: 7, 8, 9, 10, 15, 17, 18, 22, 23, and portions of 19 and 20 (Fletcher Neighborhood) . (See attached map.) Changes have been made to expand the clientele of the program and to increase the variety of rehabilitation assis- tance available. Twenty-five rehabilitation loans and six grants have been approved so far during this reporting period, which began on July 12, 1984. This compares with 24 loans made for the previous 12-month reporting period. The basic rehabilitation loans or grants available to property owners in the Community Development Strategy Area (CDSA) come directly from the City's annual CDBG grant. The interest on the loans or grants range from five per- cent for single family structures, twelve percent for multi-family structures and the term is for twelve years. The Rehabilitation Program provides staff to prepare work specifications, help the homeowners select a contractor, and inspect the work when completed. Loans are made on a first-come, first- served basis. The loans are actually grants since repayment of the loan is scaled to a person's income with most recipients paying ten to twelve percent of the actual cost to service the loan. The City' s Rehabilitation Loan Program has been supplemented by other pro- grams. The City's Free Paint Program has provided exterior paint to home- owners in the CDSA at no cost to the owner. In the past, the City's rehabili- tation staff has also been assisting some homeowners in the CDSA in pre- paring and submitting applications for Section 312 rehabilitation loan assis- tance directly from the Housing and Urban Development Department of the federal government (HUD) . These funds were for loans separate from those made with the CDBG funds. The interest rate was fixed at three percent. Twelve of the loans approved in the CDSA have been Section 312 loans. Ac- cording to HUD, it is anticipated that the City will receive an additional allocation of Section 312 funds around the first of next year. Council Letter 161 November 30, 1984 Page 2 The City Council and HUD approved a program that would allow rehabilitation loans funded with Block Grant monies to be made in areas not targeted or de- signated CDSA. Up to $370,000 in CDBG rehabilitation funds have been spent for loans outside the target areas. The primary focus of the City's rehabilitation program continues to be to revitalize the housing in concentrated areas of the City even though a por- tion of the rehabilitation program is available City-wide. The City rehabili- tation staff will assist property owners in the CDSA in preparing and sub- mitting applications for the Rental Rehabilitation Loan Program, another pro- gram available in the area. These funds are for loans separate from those made with CDBG funds. The loans will require fifty percent in private match- ing funds with zero percent interest rate. The City is given an allocation of these funds from HUD also. In addition, commercial rehabilitation loans are available to interested pro- perty owners in the CDSA for rehabilitation of neighborhood commercial es- tablishments such as drug stores, beauty or barber shops, washaterias, or food establishments. An outline is attached that will describe the Rehabilitation Loan Program process which will cover the initial loan application process, property im- provement process and the loan security loan process. Karl Nollenberger City Manager - I THE REHABILITATION LOAN PROGRAM PROCESS INITIAL LOAN APPLICATION PROCESS City staff promotes and encourages public awareness and participation in the Rehabilitation Loan Program through neighborhood meetings, mailed advertisements and notices, radio advertising, and personal contacts with residents in eligible designated areas.. Individuals voluntarily contact the Rehabilitation Office and arrange to meet with a Rehabilitation Loan Officer. Individuals meet with the Rehabilitation Loan Officer and receive information about participating in the program. Individuals who still desire to participate in the program must complete an intake application form which provides background information on total household income, employment, property ownership history, credit references and family size. Individuals next are required to sign an authorization to release informa- tion form which is needed to verify the above data and individual verification forms. Information is verified by staff and the City and County Tax Departments are asked to check for any tax deliquencies. Individual must furnish a copy of the property deed or the contract for sale so that ownership can be verified. Rehabilitation staff requests that the property be inspected for compliance with the Minimum Housing Code. The Minimum Housing Code Inspector completes the inspection and provides Rehabilitation staff and the applicant with copies of the inspection report. Rehabilitation staff requests and receives an "as is" property appraisal . (Outside Target Area) Case is assigned to a Rehabilitation Specialist who inspects the property and prepares an initial work write-up detailing the improvements which are required in order to bring the property into compliance with the Minimum Housing Code. Initial write-up is reviewed with the property owner by the Rehabilitation Specialist. At this time, the property owner is given the opportunity to include other non-code related improvements into the proposed rehabilitation project. FILE 956-Z. REQUEST FOR A ZONE CHANG FROM RM-H TO MC ON PROPERTY LOCATED AT 2205 WASHINGTON BLVD - —-- - APPLICANT: PHILIP DAIGLE 30 _ 30 sa So n J I a • I 1 1/200 7 ? / SO SO 30 50 d Rockwell $ �� p , ,f 1 1♦'!r'^�/T f J /O /, ,t / r 1 ♦ /0 T I ! ,P/I ? l J i I 1 I I 7 ,O'I/ /JI Q N p l I i l W L.L t P rol m - I - - to en I - - I - - - - tO j s h ,• H i N I ? /t M 4 •I , • IS(?�♦ / _ ,1 �/♦ /J I /t I// / ,q ! J 7 • 1 y I 0 ;IYASH *29 ST+ g4yo , S b Pec -- inaton ;40 1 30 50 401 I II I Ao o +♦//J it it i : I J ! ♦ !'i I /7 If �I-! N I N is f� 110 I J 9 I 7 J! J. !f .5f !, 44? I! I♦ 4f 4-r ♦I I i /J lI ! J 1 j I !`��►I�♦ r. � N t1 if !O !I ! :♦!!! EU�P/D to I /I • I I .�♦ N Euclid/ I I /) 117 � I f ♦ J f / V o t°/, 10 u� /f I /7 /f- ; /♦ � 10 , ! . l i - . J 117 I I • CU I l I I I I � !! . i J! N J ♦/ :♦f IJ ♦I II '40 ♦l N ♦I JO Its I t! N N ff or tI!of JO JI !f is !1 I>l ' Jf )1 JI JJ T7' M4.i�/� so I j U s o/B 3/0 l i Io Har-ri oI i t" I - laa N ro • I , f aoi I i iI I I I i I i I I j _ - ! • ! r / n e1 N rs rl r/ to is to // $CVJr fRi AND ST 60 do I I 30 - Ito 10 ! ♦ J6 N 10 I - - - - - - - 16 K IO IL , i i I 46 At', or � I C / \ ! ••� $� r !� ♦ f f �/ i J I J • � r � f / I t � ! • I f I • J C E F _ • , is „ ,o s I , ,r • // I ,o I • , v ,/ i ro J f , ArZEND- A NO---__4 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 FAMILY - HIGH DENSITY DISTRICT) TO NC (NEIGHBORHOOD COMMERCIAL DISTRICT) ON PROPERTY LOCATED AT 2205 WASHINGTON BOULEVARD; 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 Family -High Density District) to NC (Neighborhood Commercial District) on property located at 2205 Washington Boulevard, 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 1984. Mayor - 2 - November 20, 1984 5. Council Letter 140 Honorable Mayor and Members of City Council Subject: Request for zone change from AR to CM on property located at the southwest corner of I-10 South and Walden Road. GENERAL INFORMATION Applicant USPO Status of Applicant property owner Requested Action zone change from AR (Agricultural Residential) to CM (Commercial- Manufacturing) Representative Uses in CM general construction contractors , motor freight transportation and warehousing, transportation services , wholesale trade , durable and non-durable goods Purpose construction of mail distri- bution facility Existing Zoning AR Location southwest corner of I-10 and Walden Road Size 21. 6 acres Existing Land Use vacant Surrounding Zoning and Land Use north - (across Walden) LI, motel east - GC-MD, vacant south - I--10 west - AR, vacant Physical Features subject lot has 348 feet of I-10 frontage on southern boundary Comprehensive Plan Industrial Page 2 SPECIAL INFORMATION Public Utilities in Walden Road Sanitary Sewer: 72 inch line Storm Drainage : open ditch in _ Walden Road and I-10 frontage road Water: 12 inch line Streets Walden Road is designated as a major arterial and has a 90 wa- right-of g- y and -•24-foot-- -.--- pavement. Fire Protection Station #10 , 3855 Washington ANALYSIS - Subject tract is in an area which is presently demonstrating substantial commercial development. - A change to CM will generate additional zone changes in the vici- nity in order that a compatible development pattern will be established. -- A change to CM is consistent with land use principles which state that commercial distribution uses should have direct access to major arterials and major transportation routes . - Supporting utilities are present and adequate to provide service for the proposed use. The request is in accordance with the comprehensive plan. STAFF RECOMMENDATION Staff recommends approval of the request for CM zoning. The basis for the recommendation is : - the subject tract is in an area presently demonstrating substan- tial commercial development, - the request is consistent with land use principles stating that commercial distribution uses should have direct access to major arterials and major transportation routes ; and the request is in accordance with the A lan.comprehensive p Page 3 PUBLIC NOTIFICATION AND RESPONSE Notices Mailed to Property Owners 9 Responses in Favor of Request 1 Responses Opposed to Request 0 PLANNING COMMISSION RECOMMENDATION The Planning Commission recommended approval of the request by a vote of 5 to 0 . The City Manager recommends approval of the ordinance. �,)� V ,�L& -� Karl Nollenberger City Manager U V FILE 957—Z. REQUEST FOR A ZONE CHANGE FROM AR TO CM ON PROPERTY L I LOCATED ON THE SOUTHEAST CORNER OF IH-10 SOUTH AND WALDEN ROAD. Ro Walden r . U. S. POSTAL SE.RVICE s n 1/200 GC MD 10 t (- subject • • Y T � ^o i i i ^% , o i b r^ A 0)^ .. �� s • I �o s 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 AR (AGRICULTURAL-RESIDENTIAL DISTRICT) TO CM (COMMERCIAL-MANUFACTURING DISTRICT) ON PROPERTY LOCATED AT THE SOUTHWEST CORNER OF I-10 SOUTH AND WALDEN ROAD; 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 AR (Agricultural-Residential) to CM (Commercial-Manufacturing District) on property located at the southwest corner of I-10 South and Walden Road, 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 1984. - Mayor - - 2 - ti November 20 , 1984 6. Council Letter 141 Honorable Mayor and Members of City Council Subject: Request for zone change from RS to NC at 5020-5040 Bigner Road. GENERAL INFORMATION Applicant Robert and Shirley Pryor Status of Applicant property owners Requested Action zone change from RS to NC (Neighborhood Commercial) Representative Uses in NC general merchandise stores, food stores , drug stores, fuel dealers, banks, real estate offices, washaterias, beauty and barber shops, doctor and dentist offices , day care - centers Purpose applicant proposes to open a thrift shop (used clothing, miscellaneous items) on Lot 5; no changb in development cur- rently proposed for Lots 3 and 4 Existing Zoning RS (Residential Single Family) :Location 5020-5040 Bigner Road Size 475 x 220 ; 2 . 39 acres Existing Land Use single family residential Surrounding Zoning and Land Use north - RS , single family east - RS, single family south GC-MD, retail uses west - (across Bigner) RS , St . Pius Church Physical Features no distinguishing characteristics Page 2 SPECIAL INFORMATION Public Utilities in Bigner Sanitary Sewer: 8 inch line Storm Drainage : 21 inch line Water: 6 inch line Streets Bigner is designated as a local residential street and has a 60-foot right-of-way and 28- - foot pavement. Fire Protection Station #2 , Wilson and Ironton ANALYSIS - Subject property is contiguous with GC-MD zoning at Bigner and East Lucas. - Section 30-31 of the zoning ordinance will require installation of an 8-foot privacy fence on the northern and eastern bol:ndaries . - The request is in accordance with .land use principles which state that neighborhood commercial uses should locate at or near inter- sections . COMPLIANCE [tiITH COMPREHENSIVE PLAN The comprehensive plan designates the area of the request as a Neighborhood Growth Unit. A change to NC is- in compliance with the plan. STAFF RECOMMENDATION Staff recommends approval of the request for NC. The recommendation is based on: - the request is in accordance with land use principles which state that neighborhood commercial uses should locate at or near inter- sections and not in mid-block; - the request is in compliance with the comprehensive plan. PUBLIC NOTIFICATION; AND RESPONSE Notices Mailed to Property Owners 18 -Responses in -Favor of Request - -- -0_._ _ Responses Opposed to Request 0 Page 3 PLANNING COMMISSION RECOMMENDATION E e Planning Commission recommended approval of the zone change by The of 5 to 0 . The City Manager recommends approval of the ordinance. Karl Nollenberger City Manager � r 2544 -- - - FILE 944-Z. REQUEST FOR A ZONE CHANGI '�. A • FROM RS TO NC ON PROPERTY LOCATED AT 5020 - 5040 BI.GNER ROAD °o —� b APPLICANT: R03ERT PRYOR • �• a � ? t fl \ ° e •� .,: •.e. ..� X 121 9 1/200 00 .00 2•s. 4 4 - �� �— LORILEE M 7 1• I n i to t! N 2x09 ---- W W WHALE a -�-- subject J • I ! l ��• f I t 1 ^ i - W W � S I i t R— S rrt ssrT-y ^!3� -:`+•7zr- .—ai asTia.y- 3 ,e.i.- �.�.r L c A 2 _ 6 t ! 1 • t t 1 0 � ( W J J •�C OJ 1t I cri�. DI a�- .o e-r ar .N a,- .c+i r� tv ar U 60 X90• 'SO- - -- --- .• ra �.o —woo e�c / N Y I 54 0 0 2 53 • • 1 s �, 4 43 4 I 13 � —---�- W • 4) -- -- IL' • a T - ds a`5 — �- - - -- 4 - -- —+ — Pp - --- +-- , •0 J w Q I a 47 o Q a -- ---t --- - -- - A •! t) • / s � A ITEM 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 NC (NEIGHBORHOOD COMMERCIAL DISTRICT) ON PROPERTY LOCATED AT 5020-5040 BIGNER ROAD; 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 NC (Neighborhood Commercial District) on property located at 5020-5040 Bigner Road, 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 1984. Mayor - - 2 - November 20, 1984 7. Council Letter 142 Honorable Mayor and Members of City Council Subject: Request for specific use permit to build professional offices in an RM-H district on property located in the 1900 Block of Dowlen Road. GENERAL INFORMATION Applicant Carl Kohler Status of Applicant engineer for owner, M. J. Campbell Reauested Action specific use permit for pro- fessional offices I Existing Zoning RM-H (Residential Multiple Family High Density) Location 1900 Block of Dowlen Road Size 8 acres Existing Land Use vacant Surrounding Zoning and Land Use north - RS vacant , east - (across DOWlen) RS, single family south - RS, vacant west - RS, vacant Physical Features 405 feet of frontage Comprehensive Plan Neighborhood Growth Unit SPECIAL INFORMATION Public Utilities in Dowlen Sanitary Sewer: 27 inch line Storm Drainage : in Dowlen Road Plater: 12 inch line Streets Dowlen Road is designated as an arterial street and has a 100- foot right-of-way and two 24- foot lanes with a 20-foot median. Fire Protection Station #9 , 7010 Gladys Page 2 ANALYSIS LSee Specific Use Permit Review. STAFF RECOMMENDATION Based on the applicant ' s compliance with the eight conditions neces- sary for specific use permit approval , staff recommends approval of the request. PUBLIC NOTIFICATION AND RESPONSE Notices Mailed to Property Owners 10 Responses in Favor of Request 0 Responses Opposed to Request 0 PLANNING COMMISSION RECOMMENDATION The Planning Commission recommended approval of the request by a vote of 5 to 0. The City Manager recommends approval of the ordinance. Karl Nollenberger City Manager ,Page' 3 - T SPECIFIC USE PERMIT REVIEW ORDINANCE REQUIREMENTS PROPOSAL 1. Description of processes and------------Dowlen Plaza Office Park activities. professional/medical offices 2. Boundaries of area covered by site ------8 . 02 acres, 405 x 860 plan with dimensions. 3. Existing and proposed building locations with: - number of stories; -------------------one - height; ------------------------------maximum height . 23 feet - gross leaseable area; ---------------72 , 900 sa. ft. (22 bldqs . ) - entrances and exits. -----------------from Dowlen Road 4. Existing drainage locations and --------in proposed extension of direction of flow. Wellington Place (50 ' right- of-way, 27 ' pavement) 5. 'Proposed landscaping and screening ------ordinance requires 10-foot buffers . landscaped buffer on 3 sides 6• Location and dimensions of: proposed 50 ' right-of-way - curb cuts (existing and proposed) ;'---dedication will extend west - public and private streets , showing - from Dowlen Road rights-of-way widths; Dowlen: 100 right-of-way - Parking and loading areas ;-----------.typical parking lot: 14 spaces pedestrian walks; -------------------"at building entrances -• exterior lighting; ------------------security lighting on trash storage locations; ------- individual buildings ---- normal commercial collection 7. Fences or screening provisions ----------8-foot privacy fence showing location, type and height. required by ordinance will surround the site 8 . Sign height, location and dimensions.---ziaximum area : 20 sa. ft. maximum height: 15 feet Paae 4 CONDITIONS FOR APPROVAL: A Specific Use Permit shall be issued only if a 1 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; Developed properties to the south and north are similar in appearance and compatible with other uses on the west side of Dowlen Road. 2) That the establishment of the specific use will not impede the normal and orderly development and improvement of surrounding vacant property; Development on Dowlen Road is presently limited to areas which are free from pipeline easements or oil wells . Proposed use poses no impediment to future developments . 3) That adequate utilities, access road, drainage and other necessary supporting facilities have been or will be provided; Existing utilities and storm drainage in Dowlen Road will be extended for service to the current request. 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; Site plan indicates required parking spaces and driveway area per lot. 5) That adequate nuisance prevention measures have been or will be taken to prevent or control offensive odor, fumes , dust, noise and vibration; Proposed office use generates none of the five environmental nuisances. 6) That directional lighting will be provided so as not to disturb or ad- versely affect neighboring properties; Abutting properties will experience no effects from decorative or security lighting on individual buildings . 7) That there are sufficient landscaping and screening to insure harmony and compatibility with adjacent property; Landscaping required by ordinance is shown on site plan . 8) That the proposed use is in accordance with the comprehensive plan; Comprehensive plan shows proposed site as a Neighborhood Growth Unit. Proposed specific use permit conforms to the plan. TILE 955—P. REQUEST FOR A SPECIFIC USE PERMIT TO BUILD PROFESSIONA OFFICES LOCATED IN THE 1900 BLOCK OF DMILEN ROAD APPLICANT: CARL KOHLER n e 4 , 0 1/200 RS 875.22' Y� O 1 e WELLING' 'ON � subject ,OO �� . .t 5� --�w � .7 N o� �H cc Y ? 26 HOWL I ,(e_ a 3 102 Q � SO 0 874.41' L,�O ?s — �+ 0 O \so r f r � o be I iN r ^pp "4 'z i1t e q , °r • 99.3 05 100' ~J �1 RS ?4110 l0 p E3 ke 0 0 d I?lp 77 !� 0 01 • f� Oq NO ORDINANCE NO. ENTITLED AN ORDINANCE ISSUING A SPECIFIC USE PERMIT FOR PROFESSIONAL OFFICES ON PROPERTY LOCATED IN THE 1900 BLOCK OF DOWLEN ROAD. WHEREAS, the Planning and Zoning Commission of the City of Beaumont considered the issuance of a specific use permit for professional offices on property located in the 1900 Block of Dowlen Road, Beaumont, Jefferson County , Texas, to M . J . Campbell, property 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 a specific use permit for professional Offices on property located in the 1900 Block of Dowlen 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 M . J. Campbell, property 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 . 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 lg Mayor - 2 - E November 20 , 1984 8. Council Letter 143 Honorable Mayor and Members of City Council Subject: Request for specific use permit to establish a church in an RM-H district at 7650 Park North Drive. GENERAL INFORMATION Applicant 11th Street Baptist Churcn Status of Applicant property owner Requested Action specific use permit to estab- lish a church in an RM-H district Existing Zoning RM-H (Residential Multiple Family - High Density) Location 7650 Park North Drive Size 5 . 75 acres Existing Land Use vacant i Surrounding Zoning and Land Use _ north - (across Park North) RM-H, apartments east - RM-H, vacant south - P11-H, vacant west - GC-MD, vacant Comprehensive Plan Neighborhood Growth Unit SPECIAL INFORMATION Public Utilities in Park North Dr. Sanitary Sewer: 8 inch line Storm Sewer: 36 inch line Water: 6 inch line Streets Park_ North Drive is designated as a local residential street and has a 60-foot right-of-way and 40-foot pavement. Fire Protection Station 48 , 6297 Highway 105 Page 2 ANALYSIS 1 See Specific Use Permit Review. STAFF RECOMMENDATION Based on the applicant ' s compliance with the eight conditions necessary for specific use permit approval , staff recommends approval of the request. PUBLIC NOTIFICATION AND RESPONSE Notices Mailed to Property Owners 5 Responses in Favor of Request 0 Responses Opposed to Request 0 PLANNING COMMISSION RECOMMENDATION The Planning Commission recommended approval of the specific use permit request by a vote of 5 to 0 . CThe City Manager recommends approval of the ordinance. k/L Karl Nollenberger City Manager Page 3 SPECIFIC USE PERMIT REVIEW ORDINANCE REQUIREMENTS PROPOSAL 1. Description of processes and------------ church: Park North Baptist activities. 2. Boundaries of area covered by site ------ 5. 75 acres plan with dimensions. 3. Existing and proposed building locations with: - number of stories; ------------------- one - height; ------------------------------ 15 feet - gross floor area; -------------------- 2 Proposed at present; 2 in the future* - entrances and exits. ----------------- from Park North Drive 4. Existing drainage locations and --------- to Park North Drive direction of flow. 5. ?.roposed landscaping and screening ------ proposed in parking lot buffers . and front yard areas 6 . Location and dimensions of: - curb cuts (existing and proposed) ;---- proposed: 2 at 40 feet - public and private streets , showing --Park North Drive : 60 foot rights-of-way widths; right-of-way - parking and loading areas;------------parking for 113 cars; two 20 foot drives - pedestrian walks; --------------------at church entrances -- exterior lighting; ___________________security lights at north g g� and south sides of parking trash storage locations; -------------no outdoor trash stor:.ge 7. Fences or screening provisions ----------n.a. showing location, type and height. 8. Sian height, location and dimensions.----40 sq. ft. *Presently Proposed: auditorum - 3536 sq. ft. Sunday school building - 5400 sq. ft. Future: 2 buildings - 19 , 500 sq. ft. total area Page 4 CONDITIONS FOR APPROVAL: A Speci_fi c__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; Existing development in vicinity of request is more inten- sive and will experience no impairment of value. 2) That the establishment of the specific use will not impede the normal and orderly development and improvement of surrounding vacant property; Surrounding multi-family zoning will allow development of more intensive uses than current proposal. 3) That adequate utilities, access road, drainage and other necessary supporting facilities have been or will be provided; Existing support facilities are present and adequate in Park North Drive. 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 o'r adjacent developments; Parking and driveway plan complies with 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 generates none of the five adverse effects . 6) That directional lighting will be provided so as not to disturb or ad- versely affect neighboring properties; Security lighting in parking area will cause no adverse effects . 7) That there are sufficient landscaping and screening to insure harmony and compatibility with adjacent property; Parking area complies with ordinance requirements . No additional ordinance requirements 8) That the proposed use is in accordance with the comprehensive plan; Comprehensive Plan designates subject area as Neighborhood Growth Unit. Request is in accordance with plan. r FILE 954-P. REQUEST FOR A SPECIFIC USE PERMIT TO ESTABLISH A CHURCH ,r�.. �O ,f is /, • �� LOCATED AT 7650 PARK NORTH DRIVE. APPLICANT: 11th STREET BAPTIST CHURC} t!; t I IY 7 tf !! ' 50 'j !/ $ i !t S 51 +� NaVAO I L.iMf Sunbird 1/200 Mm H Qie�^09e fCSP-rAe/!t W 4t 0 t� RMaH optV� R M 1 � c subject O G . Ll -J ° y � / f h� ORDINANCE NO. ENTITLED AN ORDINANCE ISSUING A SPECIFIC USE PERMIT FOR A CHURCH ON PROPERTY LOCATED AT 7650 PARK NORTH DRIVE . WHEREAS, the Planning and Zoning Commission of the City of Beaumont considered the issuance of a specific use permit for a church on property located at 7650 Park North Drive, Beaumont, Jefferson County , Texas, to 11th Street Baptist Church, property owner, its 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 for a church on property located at 7650 Park North Drive, 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 11th Street Baptist Church, property- owner, its legal representatives, successors and assigns for that certain tract &.scribed 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 COUNCIL of the City of Beaumont this the _ day of , 19 - Mayor - 2 - i November 20, 1984 9. Council Letter 144 Honorable Mayor and Members of City Council Subject: Request for specific use permit to establish a doctor' s office in an RM-H district on property located in the 7800 Block of Gladys. GENERAL INFORMATION Applicant pp Dr. Carey Fracht, O.D. Status of Applicant property owner Requested Action specific use permit for doctor' s office Existing Zoning RM-M (Residential Multiple Family - Medium Density) Location 7800 Block of Gladys Size 93 x 199 , 0 . 43 acre Existing Land Use vacant Surrounding Zoning and Land Use north - (across Gladys) RM-m, townhouses east - RM-H, vacant south - RS, single family residences west - RM-H, townhouses ' Physical Features no distinguishing characteristic Comprehensive Plan Neighborhood Growth Unit SPECIAL INFORMATION Public Utilities in Gladys Sanitary Sewer: 30 inch line Storm Drainage : open ditch Water: 12 inch line Streets Gladys is designated as a resi- dential collector and has a 60- foot right-of-way and 20-foot pavement. Fire Protection Station #9 , 7010 Gladys ti Page 2 . ANALYSIS [See Specific Use Permit Review. QTAFF RECOMMENDATION Based on the applicant' s satisfactory compliance with the eight conditions necessary for specific use permit approval, staff recom- mends approval of the request. PUBLIC NOTIFICATION AND RESPONSE Notices Mailed to Property Owners S Responses in Favor of Request 0 Responses Opposed to Request 0 PLANNING COMMISSION RECOMMENDATION The Planning Commission recommended approval of the request by a vote of 5 to 0 . The City Manager recommends approval of the ordinance. Karl Nollenberger City Manager Page 3 SPECIFIC USE PERMIT REVIEW ORDINANCE REQUIREMENTS PROPOSAL 1. Description of processes and------------ optometrist office; activities. Monday-Friday, 9-5 2. Boundaries of area covered by site ------ Block 36 , Lot A, replat plan with dimensions. of Dowlen West Unit XIX; 93 x 199 ; 0 . 43 acre 3. Existing and proposed building locations with: - number of stories; -------------------one - height; ------------------------------ 15 feet - gross floor area; -------------------- 1 building (total area:1200 sq. ft. ) - entrances and exits. -----------------from Gladys 4 . Existing drainage locations and ---------kill connect to open ditch direction of flow. in Gladys 5. '?Yoposed landscaping and screening ------10-foot landsca eO buffer strip to surround three buffers . sides of property 6. Location and dimensions of: - curb cuts (existing and proposed)----Proposed: 1 at 20 feet - public and private streets , showing --Gladys: 60 ' right-of-way rights-of-way widths; - larking and loading areas;------------Parking for 6 cars pedestrian walks ; ---------------- 4 ' wide on building en- ---trances -- exterior lighting; -------------------security lighting at rear trash storage locations; ------------ and in parking lot no exterior storage 7. Fences or screening provisions ----------8-foot privacy fence to showing location, type and height. enclose 3 sides of property maximum area : 20 sq. ft. 8. Sian height, location and dimensions.---Znaxi um height; 15 feet one tache� sign permitted PT-LL-district I Page 4 CONDITIONS FOR APPROVAL:. A Specific 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; Development proposal is compatible in appearance and size , less intense in traffic generation and hours of operation than abut- ting multi-family uses. Potential development value of land in surroundina area zoned RM-H will not be adversely affected. 2) That the establishment of the specific use will not impede the normal and orderly development and improvement of surrounding vacant property; Remaining vacant lots to the east are zoned RM-M. Allowable uses for development will not be impeded by current proposal. 3) That adequate utilities, access road, drainage and other necessary supporting facilities have been or will be provided; All existing utilities are present and adequate for 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; Site plan shows 6 parking spaces . Driveway and parking arrangement have been approved by Urban Transportation. 5) That adequate nuisance prevention measures have been or will be taken to prevent or control offensive odor, fumes ,_ dust, noise and vibration; None of the environmental nuisances are generated by the proposed use. 6) That directional lighting will be provided so as not to disturb or ad- versely affect neighboring properties; No proposal. 7) That there are sufficient landscaping and screening to insure harmony and compatibility with adjacent property; Site plan shows all required fencing and lancscaping required by ordinance on two sides - revision necessary. 8) That the proposed use is in accordance with the comprehensive plan; -- Proposed use is in a Neighborhood Growth Unit of the comprehensive plan. The request is in accordance with the plan. ` - FILE 960-P. REQUEST FOR A SPECIFIC USE PERMI T TO ESTABLISH A DOCTORS r;.I b •� •101 OFFICE IN AN RM-H DISTRICT AND LOCAT IN THE 7800 BLOCK OF GLADYS AVENUE. APPLICANT-: DR. CAREY FRFCHT -9ec i 1/200 t ' c� a / �� RSS ,. a r SLAD►S 71, AVE ,.. ,lad s J� 6L A'DYS II AY roe to ...oa - • � 6 «# w f 7 f 1 it t y Cz Is is to 230-Sri y� C to `IO£"'ICI( °"'V£ subject � Is Y Limerick CZ „o Jo 05 14 .o; to Y - r1•r so I SHANA MAI - DR/V •° '•ems ro .o Shanahan - 'I' •I/C ).0 IJ Ia f • �: •')o .c r0 )-)) )e c. 't )rf 11 ti if 17 tI J! �I so �' !/ to �I � t ,! 1 1 ' f 7 ♦ m y N sr Ir . 1 1! v m A., H - t0 :' I! /♦ /7 /f /1 /. /! /t // /O ! 6L£N WILL 0 DR/V£ L •I�I V'r IC -ter • •�•I )O rJ •'a� 70 1 I Ile _ w IL t• to /! /f /s /f /f /. /! it i X07 1/ » » I•I II er a ro NO._ ORDINANCE NO. ENTITLED AN ORDINANCE ISSUING A SPECIFIC USE PERMIT FOR A DOCTOR' S OFFICE ON PROPERTY LOCATED IN THE 7800 BLOCK OF GLADYS . WHEREAS, the Planning and Zoning Commission of the City of Beaumont considered the issuance of a specific use permit for a doctor' s office on property located in the 7800 Block of Gladys, Beaumont, Jefferson County, Texas, to Dr. Carey Fracht, O.D. , property 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 a specific use permit for a doctor' s office on property located in the 7800 Block of Gladys, 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 Dr. Carey Fracht, O.D. , property owner, its 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 COUNCIL of the City of Beaumont this the _ day of 19 Mayor - 2 - 10. November 30, 1984 Council Letter 147 Honorable Mayor and Members of City Council Subject: Landfill Disposal Fee Exemption On November 6, 1984, the City Council passed a Comprehensive Sanitation and Landfill related ordinance which included the following provision to exempt citizens from disposal fees at the municipal landfill (Section 28-39) . "(a) Applicability: All persons, businesses, commercial institu- tions, public agencies are required to pay a sanitary land- fill disposal fee except: (1) Any resident of the City of Beaumont with a copy of his most recent utility bill showing a paid garbage fee for the residence from which the refuse was ac- cumulated." This provision results in inconvenience to citizens since they do not generally expect such a requirement at the landfill . In addition, no reasonable limit to the number of free trips is provided. The proposed ordinance amendment would replace Section 28-39(a)(1) with the following: "(1) Any resident of the City of Beaumont presenting proof of residency within the City of Beaumont may make a maximum of two trips per month of loads not in excess of 15 cubic yards without charge. The refuse must be accumulated from the person's residence." It should be emphasized that, for purposes of enforcement, Lhe showing of a driver's license will be adequate for proof of residency. In addition, if the individual is new to Beaumont, any proof of residency such as the in- dividual 's name listed in our water utility customer file will be sufficient. It is recommended that this ordinance be adopted. �,)j Karl Nollenberger City Manager NO /O ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING CHAPTER 28 OF THE CODE OF ORDINANCES OF THE CITY OF BEAUMONT TO ALLOW GREATER CONVENIENCE IN CITIZEN EXEMPTION OF LANDFILL DISPOSAL FEES; PROVIDING FOR SEVERABILITY AND PROVIDING FOR REPEAL. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1 . That Chapter 28 , Section 28-39( a) (1 ) of the Code of Ordinances of the City of Beaumont be, and the same is hereby , amended to read as follows: Section 28-39( a) (1 ) : Any resident of the City of Beaumont presenting any proof of residency within the City of Beaumont may make a maximum of two ( 2 ) trips per month of loads not in excess of fifteen ( 15) cubic yards without charge. The refuse must be accumulated from the person' s residence. Section 2 . 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 3 . That all ordinances or parts of ordinances in conflict hE)rewith are repealed to the extent of the conflict only. PASSED BY THE CITY COUNCIL of the City of Beaumont this the day of , 1984. Mayor - 2 -