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HomeMy WebLinkAboutPACKET FEB 28 2012 Alan W115 QPPOSTWIFITY REA T 4H « R0A 8 REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS FEBRUARY A 2012 1:30 P.M. CONSENT AGENDA * Approval of minutes—February 21,2012 * Confirmation of committee appointments Robert Prados would fill the unexpired term of Paul Montes, Sr.on the Police Dot Community Advisory Committee. The term would commence February 28,2012 and expire January 10,2013. (Councilmember Gethrel Williams-Wright) Greg Wall-Arc l itect would be reappointed to the Construction Lion Board of Appeals(Building). The current term would expire January 24,2014. (Mayor Becky Ames) Lee Acevedo-Electrician would be reappointed to the Construction Board of Appeals(Building). The current term would expire January 24,2014. (Mayor Becky Ames) Gene VanMeter-Electrician would be reappointed to the Construction Board of Appeals (Building). The current term would expire January 24,2014. (Mayor Becky Ames) Ton Nold-General Contractor would be reappointed to the.Construction Board of Appeals (Building). The current term would expire January 24,2014. (Mayor Becky Ames) A) Authorize the City Manager to execute three deeds conveying city surphis property to Habitat for Humanity of Jefferson County for the construction of affordable hones RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the following reappointments be made: ReaoRotntment CommhWon 0"InnIN 90ration Of TOM of Term Greg Wall Construction Board of Appeals 02/28/12 01/24/14 Lee Acevedo Construction Board of Appeals 02/28/12 01/24/14 Gene VanMeter Construction Board of Appeals 02/28/12 01/24/14 Tom Neild Construction Board of Appeals 02/28/12 01/24/14 PASSED BY THE CITY COUNCIL of the City of Beaumont this the 28th day of February, 2012. - Mayor Becky Ames - RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT Robert Prados is appointed to the Police Department Community Advisory Committee to fill the unexpired term of Paul Montes, Sr. The term will commence February 28, 2012 and expire January 10, 2013. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 28th day of February, 2012. - Mayor Becky Ames - A RICH WITH OPPORTUNITY BEAUMi-Ofl* T • E • X • A - B City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Patrick Donart, Public Works Director MEETING DATE: February 28, 2012 REQUESTED ACTION: Council consider authorizing Q tho mg the City Manager to execute a Special Warranty Deed conveying three (3) city surplus properties to Habitat for Humanity of Jefferson County for the construction of affordable housing. RECOMMENDATION The Administration recommends the execution of a Special Warranty Deed conveying three(3) surplus properties described below to Habitat for Humanity of Jefferson County for the construction of affordable housing: 1) 2.57 acre tract being reserved for future City of Beaumont Park in Block 223A, replat of Glenwood Addition (Edwards School - 4420 Galveston Street) 2) 0.6273 acre tract out of the Noah Tevis Survey, Abstract 52 (Hebert Park - 2310 Smart) 3) 0.3083 acre tract out of Lots 29 and 30 and Tract A of the Hanks Addition (an unrecorded plat) in the James Drake Survey, Abstract 18 (Oakland-Maple Park - 1415 Maple) BACKGROUND On June 5, 2007, the City Council passed Ordinance No. 07-056 adopting the results of the general election held on May 12, 2007 for a park proposition authorizing the sale of Hebert Park, Maple-Oakland Park, and a portion of Pipkin Park. Under Texas Local Government Code Section 253.011, a municipality may transfer to a nonprofit organization, real property without complying with the notice and bidding Habitat for Humanity of Jefferson County February 28, 2012 Page 2 of 2 requirements of Section 272.001(a) by a Special Warranty Deed. The Special Warranty Deed must include a provision that requires the nonprofit organization to use the property in the manner of providing affordable homes and if the nonprofit organization at any time fails to use the property in that manner, the property will automatically revert to the City of Beaumont. The three (3) properties will be donated as part of the Neighborhood Revitalization Project to Habitat for Humanity of Jefferson County to provide decent, safe and sanitary housing for low to moderate income families. BUDGETARY IMPACT None. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to execute a Special Warranty Deed, substantially in the form attached hereto as Exhibit "A," conveying three (3) city surplus properties, described below and in Exhibit"A," to Habitat for Humanity of Jefferson County as part of the Neighborhood Revitalization Project for the construction of affordable housing: • 2.57 acre tract being reserved for future City of Beaumont Park in Block 223A, replat of Glenwood Addition (Edwards School —4420 Galveston Street) • 0.6273 acre tract out of the Noah Tevis Survey, Abstract 52 (Hebert Park—2310 Smart) • 0.3083 acre tract out of Lots 29 and 30 and Tract A of the Hanks Addition (an unrecorded plat) in the James Drake Survey, Abstract 18 (Oakland-Maple Park— 1415 Maple) PASSED BY THE CITY COUNCIL of the City of Beaumont this the 28th day of February, 2012. - Mayor Becky Ames - NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM THIS INSTRUMENT THAT TRANSFERS AN INTERST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR DRIVER'S LICENSE NUMBER. THE STATE OF TEXAS X KNOW ALL MEN BY THESE PRESENTS: COUNTY OF JEFFERSON X SPECIAL WARRANTY DEED THAT,the CITY OF BEAUMONT, a municipal corporation domiciled in the County of Jefferson, State of Texas, hereinafter called GRANTOR for and in consideration of the sum of TEN AND NO/100 ($10.00) DOLLARS and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, has GRANTED, SOLD and CONVEYED, and by these presents does GRANT, SELL and CONVEY unto the j HABITAT FOR HUMANITY OF JEFFERSON COUNTY, a Texas Non-Profit Corporation, hereinafter called GRANTEE, of the County of Jefferson, State of Texas, whose address is 310 Trinity, Beaumont, Texas 77701, all that certain tract or parcel of land in the County of Jefferson, Texas, described in Exhibit"A,B and C", attached hereto and made a part hereof for all purposes (the "Property"). GRANTEE covenants and agrees that the property described above shall be used for the purpose of providing decent, safe, sanitary and affordable housing units for low to moderate income families. If GRANTEE fails to use the property for the stated purpose, title to the property shall automatically revert to GRANTOR and GRANTEE will execute a Special Warranty Deed to GRANTOR and file such deed of record in the Deed Records of Jefferson County, Texas. In the event GRANTEE at any time breaches the foregoing restrictive covenants, GRANTOR shall have the right to demand a reversion of the property EXHIBIT "A" to GRANTOR, and GRANTEE agrees to execute a Special Warranty Deed in favor of GRANTOR upon written request of GRANTOR. GRANTEE understands and agrees that should GRANTEE become defunct or insolvent and at any time fails to use the "Property" in the manner of providing affordable housing, the "Property" shall automatically revert to the GRANTOR as provided herein. This conveyance is subject to any restrictive covenants, outstanding mineral interests and easements affecting the property above described. TO HAVE AND TO HOLD the above described premises together with all and singular the rights and appurtenances thereto and in any wise belonging, unto the said GRANTEE and GRANTEE'S successors and assigns, forever; and said GRANTOR binds itself and its successors and assigns to warrant and forever defend all and singular the said premises unto the said GRANTEE and GRANTEE'S successors or assigns, against every person whomsoever lawfull claiming or to claim all or an art of the property, subject to 1� Y g Y p p PertY� J the provisions stated above, when the claim is by, through, or under GRANTOR but not otherwise. EXECUTED this the day of , 2012. THE CITY OF BEAUMONT By: Kyle Hayes, City Manager ACKNOWLEDGMENT STATE OF TEXAS X COUNTY OF JEFFERSON X This instrument was acknowledged before me on this day of , 2012, by Kyle Hayes, City Manager of the City of Beaumont, a municipal corporation, on behalf of said City of Beaumont. Notary Public, State of Texas RETURN TO: CITY OF BEAUMONT Antoinette Hardy P. O.Box 3827 Beaumont,TX 77704 SUBJECT EXHIBIT "A" w r c z MCHALE ti o J � } 1- C t< E. L AS z BEING all of that certain called Q Z 4 tr ER ❑ a❑ _ °z 2.57 acre tract reserved for future TAhA i W City of Beaumont Park in Block J vI s u m W 223A according to the replat of FILL AP Glenwood Addition as recorded in j �d 9�o r ] P14 CE Volume 16,Page 166,Map r ` H Records,Jefferson County,Texas. y ° a $u �+ N rNWvoo ca o oc MAYES W fit" 41�'y HY$32 ITELE A THU' K 7 LEGEND LOCATION MAP -------- N.T.S. SUBJECT PROPERTY - WROW nam \ 1 1• d 10 11 14 1 t /• r��•rags t 3 W EXHIBIT "B" Page 1 of 3 li#tz & ShiPmaD INC ConruhrngEngineers and Land Swveyors IdTM M NOS J��g�ION FORA 0.6273,WRZ TRACT IDUT OF TM NOAH TRVB S ,ACT 52 JE grMON CUUWV,TFXAS N4DVTi 2%2007 That certain 0.6273 acre tract out of the Noah Tevis Survey,Abstract 52,Jefferson County,Texas,being the remainder of tllatcalled 1.00 acne tract conveyed to the City of Beaumont as recorded in Volume S.Page 298 of the peed Records of Jefferson,County. Texas,said Q.eM acres being more partioularly described by metes Wdbounds as follows: Note: The Basis of Bearing is the south right_d way line of Rusk St eet and the north line of.Lot 1,Block 17 of Oaks Addition,a plat recorded.in Volume 3,Page 10 Of the Map Records Of Jefferson County,Texas being assumed West COMMENCING at a W iron rod found at the intersection of the south n9 ft-of-Way line of Rusk Street and the west right-of-WaY line of 7®'Sbaet for the.northeast astnerof said loot 1 from which a'Y'iron rod found for the northwest corner of said Lot 1 bears West 148.81 feet(called'148.70 feet); THENCE South along the said west right-d-vveY line of 71h Street and the ear tine of said Lot 1 a distance of 54.30 feet(called 54.30 feet)to a%'capped iron satin the nortt►fine of the said 1.40 acre tract for the southeast comer of said Lot 1,the northeast corer of#tre said 0.6273 acre tract and the POINT OF BEGIMMING; THENCE South continuing along the said west right of-wW One of 7e'Street and the east line of the said 0.6273 acre trail a distance of 183.70 feet(called 183.70 feet)to.a'fz capped iron rod set at the intersection of the said west right-of-way line of 7''Street and the north right-of-way line of Smart Street for the southeast comer of the said 0.6273 acre tract; THENCE North 89°57'11'West along the said north right d-way line of Smart Street and the south fine of the said 0.6273 acre tract a distance of 148:81 feet(called 148.70 feet)to a W capped iron rood set in the west fine of the said 1.00 acre had for the southeast comer of Lot 9 of said Block 17 and the southwest comet of the said 0.6273 acre tract from which a W iron rod found at 1he-intarsectiori of the east right-of-WRY line of Minor Street and the said north right-ottway line of Smart Street for the southwest corner of Lot 7 of said Block 17 bears North 89.57'11'West 151 AS feet(called 151.30 feet); THENCE of the said North 00 and 0627 line of ar distance of 183.58 feet t((ccalled 1n83 .70 feet)to a Fruz&Shipnwn,InG Page 1 of 2 .proj ect No.07.172Tsk1 Plat&Description 1405 Cornerstone Court,-Beaumont,Texas 77706•(409)832-7238 fax(409)832-7303 k EXHIBIT "B" H Page 2 of 3 farce foo ft;forthe sounwast cooler of said Lx)t 1 and the nofttrwest carta3r of the said 1.D0 and 0.6273 acre Tracts; THENCE East along.The south line of said Lot 1 and the north One of the said 1.00 and 0.6273 wr a frec ts.a distance of 14&81 feet,(called 148.70 feet to the POAWT OF BEGINNING and containing 0.6273 acres of land,more or less. This Field Note Description is based on a survey performed by Fittz&Shipman,.Inc.on Nowember2,2007. P Wafter J.Ks'tazelc OF Registered Professional Land eyor No.5321 Eft&Sh4nneff,Inc Page 2 of 2 Froje &NO.07172Tski Plat&Desciption. EXHIBIT "B" Page 3 of 3 '' CUENi:C17Y>k HEAUUOAtT G.F.NO.-- RUST{ STREET IAELL[OOWS7 : � rrESi 74861 . _. .. COMMENCING auto 3f7' POINT IRON, nt m OAKS ADDITION $< am�' R LOT 1 € S L 0 C K =: 17 e PORIT OF .n i/r n wt 1o07+w- 17At1 14170 no CORM EAM 140:L1 LOT Q ALLEY .2 0.6273 ACRE 6 LOT 9 MOLD toLm I I 1/r oaN� .n11 Ao N a9E74 1'W 13M1.45 N 883'rti'YN 143M NOR >1Oi MR1Et'i1i gpitCRY (UM U00 G/�(y K 7i�77 A II I 601 -. wor X YN ALL gl[711H1.OK OR t1OR Ai Mo wY1R�cMA V.�+>��� we a R�71ap!1►O1N' W-0 111KS FAWA OM 4m,�ar ir�trE�euc A«n wrav wowNR+1EV±'s 7NE ADOOE IWLT:rI L MUD Ai - A/O OFlR 000yd At A O.RNf AS✓aG01�N 7OM[`.MIR-- - 71[ �Yili p WO07T.+QAL W AOU MOM VM 1W n=ONNOAOMIPAIC MN.fWWAL DOMPIM 11A71MOMM AIQC7 COIy1AN1Y-PAPOL nD. atR64-7 C pA 11-3-@9 - 'ws llpOtiT LU ww am omm LWA-m N A w►amm"m p 8OA1:C ACUM mi a.Eumm NOr OFAOwom u,Nt;IKOIRfED.RM A O11MO1i111.04L.P=NK WAB W T MM�10 M AC"*=01 WAM OF MV.M1r "M ZONE(F.6.M.A.) x CENSUS TRACT 12 NEVNn11 I w,t �i 4:;R�k •• , DATE,r-20-07 Rt ft ' pman 11ttt�t J. 9.=No-n7-1? "WS-9- • 6411 v• ' P+ ,40E.CORII6RSTONE eouar BEAWABNT.TEXAS "'+•+A_ JOB NO.: U12jmp -7236 FAlf T TE 7i. , EXHIBIT "C" �r Page 1 of 3 Ffttz van INC - ConaultingFaigJneers arra'ianiiSxrveyors 'Fi=riaTZ. MCWTION 0;8083.AtC3f,E'TnACT OF LOTS 29&39 AMP'l'RALT A QF TEE HANKS ADDMON(AN UMCORDED PLAT) JW THE JAMES DSIA=Sit WY,ABSTRACT 18 JLFFERSON OOtAM,TEXAS D19CpWW4,2007 That oerlairh 03f183 acre tract out.of Lots 29.-x&30 and Tract A of tt a Hanks Addition,an unrecorded plat In the James Drake Survey,Abstract 18,and beft thocetracds conveyed to the City of 9+mmmuit as recorded In Volume 1495,Page 273 and Volume 1983, Page 466 of the Deed'Records of Jefferson County,Texas,said 03M acres being more par#iculary described by metes and bounds as follows: Note: The Basis of Bearing is based on the south line of a tract surveyed by Matt M. Racd dated September 19,1968 having been called South 89°20'00'West 76:00 feet. BEt31MAtN G at a 5/8'iron rod in concrete-found in the west right- v ay line of Oakland Street fort he northeast comer of Lot 28 of said Hanks Addition and tim southeast corner of said Lot 29 and the said 0.3083 acre tract+ THENCE South 89'2OW West along the north fine of said Lot 28 and the south fine of the said 0.3463 acre tract,.at a distance of 23.69 feet(called 24.00 feet]jams'a 3/r iron rod in concratB found for the southwest comer of said Lot 29,and continuing a fatal distance of 98,84 fW(called South 89'2('00"Went)to a 3/8'iron rod In a name found in the.east linie of a tract conveyed to James Arbrey Dickson,Jr.and ViBfian Ste1nman Dickson as recorded in Volume 898,page 633 of the Deed Records of Jefbrson•County, Texas for the southwest comer of the said 0.3083 acre tract; THENCE North 00°4454"West along the said east line-of the Dickson tract and the west line of the said 0.308:1 acre tract a dWencae of 13024 feet(called North 90W44'Ol)'West 130.17 feel)to a 39r iron rod In concrete found in the south right-d-way line of Maple Street for the northwest comer of the said 0.3083 acre tract; THENCE along the said south right-of way line of Maple Street-and the north fine of the said 0.3053 acre tract with a curve to the left,having a chord beaft of North 82'23'013' Essk a d wd distance of 99.47 Awt and a rad'ws of 777.77 feed,at a disiarroe o4 75.10 feet pass a 31W iron and found in concrete and continuing a total distance abng the curve of 99.54 feet to a W capped iron rod set at the Intersection of the said south right-of-way line ofiMaple Street and the said west right-of-way fine of Oakland Street for the northeast comer of the said 0.3083 acre tract; Rft&SA&WW1 y Ind Page l-a 2 Ptojea Nm 07172TA2 Plat-It:.Deeraipton 1406 Comerstone Court,-Beaumont.Taxes 77706•(409)832-7238•-fax(400)832-7303 t EXHIBIT 4609 Page 2 of 3 THENCE South 01°11'00'Fast-along tfae=W west may line of skeet and floe.east'fine.of the said 0 3 M weftet a distance of 14228'feet to ft pOINT DF BEQ/NNING and containing 0.3063 acres of-'land,more or less. This Field Note Description is based on a survey performed.by Fittz&Shipman,Inc. during November 2007. f 1Me�J4 k Regi stered Pry na)Iran rvaycar No.5321 s • r • �ma's ss ALT •L d:��tlpl/lQ/y,rAQ 1Ap 2 of 2 FiojCM No.07192TSia Plat k Deecription i r EXHIBIT 66U Page 3 of 3 f GENT:CITY ltr sEAWN y B R -TA r1RG CNl%fD NC` N—= CY WRX 70 N 0319 may� 4 ` Ct n �' Ix MW aw om M 0.3083 ACS Nb W A 6AIdNU MOW ouacseN � 8 wk oxu. 0 F'W OF FOM W °YCarMAUW• * AW w�ac+r a+e�saoq lalw aa.l�c . s 4u,4Fw w saes LOT 28 HANK'S A©D17ION pw u.ea�ueaoA) F r& K��� "nitr 'uasr�totmwns��fn E 9�5� 0 r s Q [,iR At me tu[w ala swntc I summm w mm=opAmm 't'wt CARS wtaisr p r ess w#s 6+M•oawr>c rut Mra xw w a oescwmm am ON wE um�weLoewrO►mMr Mau YdT 79MA5 777ai tim .rte Mari ego At Al wasceim mAr w im ion f1611Ft Ap711ACr 1B Ai ostmso w vvma'=r—.Mtoa__4r K eLE MMUMw^eM0lNN KOM A AoslssooCd IMAM IW M M MZ tw.itawM:OMMM JMkVMNW MOO OMWMit-POPW 01�w!Sls1 MPO e i arttr rtes Atoratt t;e M 7t w lU�, LMMM slo 41W r umm Or�L Muft PRO mmum mi.ocwr.ro. aY1s.slsBw�.NRaE#>I!'N!M:+li. Nrt�YIaoIT sm/ere w vc+l w"m m smt w see wo. FLOOD LONE(UXA.) Y OEN9U5'dtxT 9 oEWOM tua Zj .4 `r'k37AZEr�on PIM • aY+ PAIL,11-41=g7 BOOK N0.:07-11 d(lRtfg'" JOB NO„pttmwm 1406 f 11NFA5iB1�COURT I . 1 . 1. I. I� =441 WIT BE T * X * Z * A * 8 REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS FEBRUARY 28,2012 1:30 P.M. AGENDA CALL TO ORDER * Invocation Pledge Roll Call * Presentations and Recognition—Leadership Plus Program with the Greater Beaumont Chamber of Commerce * Public Comment: Persons may speak on scheduled agenda items 6 and 7/Consent Agenda * Consent Agenda GENERAL BUSINESS 1. Consider a request for a zone change from RM-H (Residential Multiple Family Dwelling-Highest Density)District to GC-MD(General Commercial-Multiple Family Dwelling)District at 3578-3590 St. James 2. Consider a request for a zone change from RS(Residential Single Family Dwelling)District to LI(Light Industrial)District for two tracts of land at 5802 Washington Boulevard 3. Consider a request for a specific use permit to allow a washateria in a GC-MD-2 (General Commercial-Multiple Family Dwelling-2)District at 1067 Colorado 4. Consider a request for a specific use permit to allow business offices in an RCR-H (Residential Conservation and Revitalization-H) District at 2453 Broadway 5. Consider adopting guidelines for acceptance of private streets and infrastructure for maintenance by the City of Beaumont 6. Consider a request to close a portion of right-of-way on Trinity Street at the railroad tracks next to Beaumont Fire Station No. 1,Ebenezer Baptist Church and Eastham Forge, Inc. COMMENTS * Councilmembers/City Manager comment on various matters * Public Comment(Persons are limited to 3 minutes) EXECUTIVE SESSION * Consider matters related to the deliberation of the purchase, exchange, lease or value of real property in accordance with Section 551.072 of the Government Code, to wit: 625 Orleans Street—Hotel Beaumont 7. Consider authorizing the City Manager,on behalf of the City of Beaumont,to acquire the First Mortgage Lien Note from Capital One Bank related to property at 625 Orleans known as Hotel Beaumont Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact Mitchell Normand at 880-3777 three days prior to the meeting. 1 February 28,2012 Consider a request for a zone change from RM-H(Residential Multiple Family Dwelling- Highest Density) District to GC-MD (General Commercial-Multiple Family Dwelling)District at 3578-3590 St. James RICH WITH OPPORTUNITY BEAUMO:N* T • E • X • A • S City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager C,)p PREPARED BY: Chris Boone, Community Development Director MEETING DATE: February 28, 2012 REQUESTED ACTION: Council consider a request for a zone change from RM-H (Residential Multiple Family Dwelling-Highest Density) District to GC-MD (General Commercial-Multiple Family Dwelling)District at 3578-3590 St. James. RECOMMENDATION The Administration recommends approval of the zone change. BACKGROUND Pastor R.N. Robinson,representing Greater Grace Temple,has applied for a zone change. Pastor Robinson states that his congregation would like to rezone the property so that they can build a new church on the subject property. A church is permitted by right in the GC-MD District. The church's current location is located just north of the subject property and is zoned GC-MD. The church owns the rest of the block and all but these three lots are already zoned GC-MD. At a Joint Public Hearing held February 20, 2012,the Planning Commission recommended approval 5:0 of a zone change from RM-H(Residential Multiple Family Dwelling-Highest Density) District to GC-MD (General Commercial-Multiple Family Dwelling)District at 3578- 3590 St. James. BUDGETARY IMPACT None. ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING CHAPTER 28 OF THE CODE OF ORDINANCES OF BEAUMONT, TEXAS,AND IN PARTICULAR THE BOUNDARIES OF THE ZONING DISTRICTS, AS INDICATED UPON THE ZONING MAP OF BEAUMONT, TEXAS, BY CHANGING THE ZONING OF PROPERTY PRESENTLY ZONED RM-H (RESIDENTIAL MULTIPLE FAMILY DWELLING-HIGHEST DENSITY) DISTRICT TO GC-MD (GENERAL COMMERCIAL-MULTIPLE FAMILY DWELLING) DISTRICT AT 3578-3590 ST. JAMES BOULEVARD, BEAUMONT, JEFFERSON COUNTY, TEXAS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: Section 1. That Chapter 28 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 28.01.005(b)thereof, is hereby amended by changing the zoning of property presently zoned RM-H (Residential Multiple Family Dwelling-Highest Density) District to GC-MD (General Commercial-Multiple Family Dwelling) District at 3578- 3590 St. James Boulevard, City of Beaumont, Jefferson County, Texas, being Lots 14-16, Block 7,West Oakland Addition,City of Beaumont,Jefferson County,Texas,containing 0.48 acres, more or less, as shown on Exhibit "A," and the official zoning map of the City of Beaumont is hereby amended to reflect such changes. Section 2. That, in all other respects, the use of the property herein above described shall be subject to all of the applicable regulations of the underlying zoning district as well as those regulations contained in Chapter 28 of the Code of Ordinances of Beaumont, Texas, as amended. Section 3. That if any section, subsection, sentence, clause of 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 1.01.009 of the Code of Ordinances of Beaumont, Texas. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 28th day of February, 2012. - Mayor Becky Ames - File 21 - : Request for a zone change from RM-H (Residential Multiple Family welling-Highest Density)District to GC-MD (General Commercial-Multiple Family Dwelling) District or more restrictive district. Location: 3578-3590 St James Applicant: Pastor R N. Robertson for Greater Grace Temple o 50 100 150 I I 1 Feet Legend © 2125Z RM- WESTMORELAND ST M. RM-t� GC-1lD GG . ::.:.:.::. ... .... . . . ST JAMES BLVD : GC- D: M-H z R -H' _ I` a VC.*�D. RM, H EXHIBIT "A" 2 February 28,2012 Consider a request for a zone change from RS (Residential Single Family Dwelling)District to LI (Light Industrial)District for two tracts of land at 5802 Washington Boulevard RICH WITH OPPORTUNITY BEAUNDIN*, T • E • X • A • S City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager c-2V PREPARED BY: Chris Boone, Community Development Director MEETING DATE: February 28, 2012 REQUESTED ACTION: Council consider a request for a zone change from RS (Residential Single Family Dwelling)District to LI(Light Industrial)District for two tracts of land at 5802 Washington Boulevard. RECOMMENDATION The Administration recommends approval of the zone change. BACKGROUND Jack Wright,representing Wright's Scrap Metal, Inc.,has applied for a zone change. The subject property is currently used as part of Wright's Scrap Metal. The scrap metal business extends to the south and west of the property. Mr. Wright states that he plans to install a wash rack on the subject property. When Mr. Wright applied for a building permit, it was discovered that the zoning and the existing land use did not conform. The proposed zone change would bring the property into compliance and would allow Mr. Wright to build his wash rack. At a Joint Public Hearing held February 20, 2012,the Planning Commission recommended approval 5:0 of a zone change request from from RS (Residential Single Family Dwelling) District to LI(Light Industrial) District at 5802 Washington Boulevard. BUDGETARY IMPACT None. ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING CHAPTER 28 OF THE CODE OF ORDINANCES OF BEAUMONT, TEXAS, AND IN PARTICULAR THE BOUNDARIES OF THE ZONING DISTRICTS, AS INDICATED UPON THE ZONING MAP OF BEAUMONT, TEXAS, BY CHANGING THE ZONING OF PROPERTY PRESENTLYZONED RS(RESIDENTIAL SINGLE FAMILY DWELLING) DISTRICT TO LI (LIGHT INDUSTRIAL) DISTRICT FOR TWO TRACTS OF LAND AT 5802 WASHINGTON BOULEVARD, BEAUMONT, JEFFERSON COUNTY, TEXAS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. BE IT RDAI O NED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: Section 1. That Chapter 28 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 28.01.005(b)thereof, is hereby amended by changing the zoning of property presently zoned RS (Residential Single Family Dwelling) District to LI (Light Industrial)District at 5802 Washington Boulevard,City of Beaumont,Jefferson County, Texas, being Tract 2 and part of Tract 3, Block 25, T.H. Langham Addition, City of Beaumont, Jefferson County, Texas, containing 1.21 acres, more or less, as shown on Exhibit"A,"and the official zoning map of the City of Beaumont is hereby amended to reflect such changes. Section 2. That, in all other respects, the use of the property herein above described shall be subject to all of the applicable regulations of the underlying zoning district as well as those regulations contained in Chapter 28 of the Code of Ordinances of Beaumont, Texas, as amended. Section 3. That if any section, subsection, sentence, clause of phrase of this ordinance, or the application of same to a articular set of persons or circumstances should for n Pp p p a reason Y 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 1.01.009 of the Code of Ordinances of Beaumont, Texas. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 28th day of February, 2012. - Mayor Becky Ames - I File 212 - : Request for a zone change from RS (Residential Single Family Dwelling) N District to LI (Light Industrial)District or more restrictive district. Location: 5802 Washington Applicant: Wright's Scrap Metal,Inc. 0 100 200 I I I Feet . . Legend 1232 .. .. .... .. . . ._ .11 ® 2 .. ,. .: . . , . . . -.. R .S : . : :. C. M . , . , . . � .-I.p..... . .. ... . . - -.- -.... . -. .I. .. . I - . - . ... ...: .:.j WASHINGTON BLVD 1. U EXHIBIT"A" . 3 February 28,2012 Consider a request for a specific use permit to allow a washateria in a GC-MD-2 (General Commercial-Multiple Family Dwelling-2)District at 1067 Colorado RICH WITH OPPORTUNITY BEAUMON* T • E • x • A • S City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Chris Boone, Community Development Director MEETING DATE: February 28, 2012 REQUESTED ACTION: Council consider a request for a specific use permit to allow a washateria in a GC-MD-2 (General Commercial- Multiple Family Dwelling-2)District at 1067 Colorado. RECOMMENDATION The Administration recommends approval of the specific use permit subject to the following conditions: 1. A five foot wide sidewalk will be required along Colorado Avenue. 2. A six foot wide landscape strip is required along the Colorado Avenue frontage. 3. Address the"outlaw" sanitary sewer service line to the satisfaction of the Water Utilities Department. BACKGROUND Bhupesh Patel,the property owner, has applied for a specific use permit. In September, 2009, City Council approved a specific use permit to allow a washateria. However, it was never built. The Zoning Ordinance states that the specific use permit is null and void if not substantially underway within a two year time period. The current request is for a 3,600sq. ft. building with eleven parking spaces. The hours of operation will be from 7 a.m. to 12 a.m. The washateria will have twenty washing machines and twelve dryers. One full time person will be employed along with three to five part time persons. Mr. Patel states that the washateria will serve the university community. At a Joint Public Hearing held February 20, 2012,the Planning Commission recommended approval 5:0 of a specific use permit to allow a washateria in a GC-MD-2 (General Commercial- Multiple Family Dwelling-2)District at 1067 Colorado. subject to the following conditions: 1. A five foot wide sidewalk will be required along Colorado Avenue. 2. A six foot wide landscape strip is required along the Colorado Avenue frontage. 3. Address the"outlaw" sanitary sewer service line to the satisfaction of the Water Utilities Department. BUDGETARYIMPACT None. ORDINANCE NO. ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A WASHATERIA IN A GC-MD-2 (GENERAL COMMERCIAL-MULTIPLE FAMILY DWELLING- 2) DISTRICT AT 1067 COLORADO AVENUE IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS, on September 29, 2009, City Council approved Ordinance 09-056 issuing a specific use permit to Blupesh Patel to allow a coin operated laundry in a GC-MD- 2 (General Commercial-Multiple Family Dwelling-2) District located at 1067 Colorado Avenue, being Lots 21 and 22, Block 1, Lamar Addition, City of Beaumont, Jefferson County, Texas, containing 0.29 acres, more or less, subject to the following conditions: • The coin operated laundry shall be in full compliance with the landscaping and screening requirements including a six foot wide landscape strip must be installed along the Colorado Avenue frontage of the parking lot and interior landscape islands in the parking lot; • A sidewalk shall be installed along Colorado; and, WHEREAS, the coin operated laundry was not constructed; and, WHEREAS, Bhupesh Patel has applied for a specific use permit to allow a washateria in a GC-MD-2(General Commercial-Multiple Family Dwelling-2)District at 1067 Colorado Avenue, being Lots 21 and 22, Block 1, Lamar Addition, City of Beaumont, Jefferson County, Texas, containing 0.31 acres, more or less, as shown on Exhibit °A," attached hereto; and, WHEREAS, the Planning and Zoning Commission of the City of Beaumont considered the request for a speck use permit to allow a washateria in a GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District at 1067 Colorado Avenue; 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 COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this ordinance are hereby, in all things, approved and adopted; and, Section 1. That a specific use permit to allow a washateria in a GC-MD-2(General Commercial- Multiple Family Dwelling-2) District at 1067 Colorado Avenue, being Lots 21 and 22, Block 1, Lamar Addition, City of Beaumont, Jefferson County,Texas, containing 0.31 acres, more or less, as shown on Exhibit'A"attached hereto; and, is hereby granted to Bhupesh Patel, his legal representatives,successors and assigns,as shown on Exhibit"B,"attached hereto and made a part hereof for all purposes, subject to the following conditions: • A five foot wide sidewalk will be required along Colorado Avenue; • A six foot wide landscape strip is required along the Colorado Avenue frontage; • Address the "outlaw" sanitary sewer service line to the satisfaction of the Water Utilities Department. 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," attached hereto and made a part hereof for all purposes. Section 3. Notwithstanding the site plan attached hereto, the use of the property herein above described shall be in all other respects subject to all of the applicable regulations contained in Chapter 28 of the Code of Ordinances of Beaumont, Texas, as amended, as well as comply with any and all federal, state and local statutes, regulations or ordinances which may apply. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 28th day of February, 2012. - Mayor Becky Ames - Re 2124- : Request for a specific use permit to allow a washateria in a GC--MD-2 (Genera Commercial-Multiple Family Dwelling-2) District Location: 1067 Colorado Applicant: Bhupesh Patel 0 100 200 I I I Feet Legend :. 2124P S ti E VIRGINIA ST CA SMAS Wei COLORADO AVE CO-) lit! W Atli .�51': n G ALABAMA AVE EXHIBIT "A" ZEE - A EAST VIRGINIA STREET ..., Eyezcom p Construction . r.ww... gf7MTMnc�r KEE'4E2•TIMMUtPAT-EAM wGGEf4IKelYM�OI xwrw i. M CURB IN CONCRETE "••� i r tOT4 LOT 0 LOT 10 DoT n OTAKOMW MR WE ' ......... BLOCK 1 BLOCK 1 BLOCK 1 ELOC 1 WT. N •� O Al tPMTWHLAMWHPETAL x wr. ONE COMMERCIAL BTORY L . NROBIB /••BP ' w C R �„cR"n site Plan 0 SLAB Q � NC 00 fl lli,To WWDICAP PARKING 516H s Bite-Utllltw& _ 461'. amao."W~Kna Landscape Plan X Lora s ;LbTlt' • LOT 20 - W BLOW 1 BLOCK i ,•a Twke go"M sEEmK CEhE.4 I z I euBdn/NSE(opYaeuleb EKII.e.M.ne >!'•+•'.1' I r..� ^ ow w..anrt, mars .w many=dET .f'� » I ;• .'°•.^ ..•r,. soe.ee' 1R'LR. . ----- . rsaur rwevwxnur = Y t r !�i �•swrTSroT— ......,.. aw» ` I w COLORADO AVENUE N WMMJTER ran+ row FEWIM =M3 C1 rnw.uwr.aE ,f_.� cwwsra EraE E A•RMGIY.TAL *Approval subject to the following conditions: 1. A five foot wide sidewalk will be required along Colorado Avenue. 2. A six foot wide landscape strip is required along the Colorado Avenue frontage. 3. Address the"outlaw"sanitary sewer service line to the satisfaction of the Water Utilities Department_ 4 February 28,2012 Consider a request for a specific use permit to allow business offices in an RCR-H(Residential Conservation and Revitalization-H)District at 2453 Broadway RICH WITH OPPORTUNITY BEAU,M0#* T • E • X • A • S C Ity C ouncil Agenda. Item TO: City Council FROM: Kyle Hayes, City Manager GSf� PREPARED BY: Chris Boone, Community Development Director MEETING DATE: February 28,2012 REQUESTED ACTION: Council consider a request for a specific use permit to allow business offices in an RCR-H (Residential Conservation and Revitalization-H) District at 2453 Broadway. RECOMMENDATION The Administration recommends approval of the specific use permit subject to the following condition: 1. No additional permits or release of utilities shall be granted until the conditions of the prior specific use permit(2029-P)have been complied with and with a modification to the landscaping/screening requirements along the east,west and south property lines(8'tall wood screening fences along the south 72'of the east property line, along the south property line and along the south 96'of the west property line and no 10'wide landscape strip along the east,west and south property lines). BACKGROUND Raymond Begnaud,representing Deli Management, Inc.,has.applied for a specific use permit. Deli Management has purchased the property at 2453 Broadway and has plans to convert the residential structure to offices for Jason's Deli. The office facility will consist of the 1,779 sq. ft. structure and seven proposed parking spaces at the rear of the structure. An 8'tall wood screening fence will be constructed along the south 72'of the east property line and along the rear of the property. An 8'tall wood screening fence already exists along the south 96' of the west property line. In 2010, Deli Management, Inc.received a specific use permit to allow business offices at 2400 Broadway, 2406-08 Broadway, 2410 Broadway, 2444 Broadway and 2455 Broadway. These buildings are the headquarters of Jason's Deli. The specific use permit was approved subject to the following conditions: 1. All parking lots must comply with City Standards. 2. No parking shall be permitted in the front yard of any of the properties. 3. All metal portable buildings shall be completely screened from any street. At a Joint Public Hearing held February 20, 2012,the Planning Commission recommended approval 5:0 of a specific use permit to allow business offices in an RCR-H District at 2453 Broadway subject to the following conditions: 1. No additional permits or release of utilities shall be granted until the conditions of the prior specific use permit(2029-P)have been complied with and with a modification to the landscaping/screening requirements along the east,west and south property lines(8'tall wood screening fences along the south 72'of the east property line, along the south property line and along the south 96'of the west property line and no 10'wide landscape strip along the east,west and south property lines). BUDGETARYIMPACT None. ORDINANCE NO. ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW BUSINESS OFFICES IN AN RCR-H (RESIDENTIAL CONSERVATION AND REVITALIZATION-H) DISTRICT AT 2453 BROADWAY STREET IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS, on April 27, 2010, City Council approved Ordinance No. 10-029 issuing a specific use permit to Deli Management, Inc., to allow business offices in a RCR-H (Residential Conservation and Revitalization-H)District located at 2400 Broadway,2406-08 Broadway,2410 Broadway,2444 Broadway and 2455 Broadway, being Lot 8, Block 26,the East Y2 of Lot 21, Lots 22-26, Block 27, Averill Addition, City of Beaumont, Jefferson County, Texas, containing 1.12 acres, more or less, subject to the following conditions: • All parking lots must comply with City Standards; • No parking shall be permitted in the front yard of any of the properties; • All metal portable buildings shall be completely screened from any street: and, with modifications to the landscaping/screening requirements(six[6]foot tall wood screening fence and no landscape buffer along the west property line of 2444 Broadway and eight[8] foot tall wood screening fence and no landscape buffer along the south, east and west property lines of 2455 Broadway); and, WHEREAS, Deli Management , Inc. has applied for a specific use permit to allow business offices in a RCR-H(Residential Conservation and Revitalization-H)District at 2453 Broadway Street,being Lot 7, Block 26,Averill Addition,City of Beaumont,Jefferson County, Texas, containing 0.172 acres, more or less, as shown on Exhibit"A,"attached hereto; and, WHEREAS, the Planning and Zoning Commission of the City of Beaumont considered the request for a specific use permit to allow business offices in a RCR-H (Residential Conservation and Revitalization-H) District at 2453 Broadway Street; and, WHEREAS, the City Council is of the opinion that the issuance of such specific use permit is in the best interest of the City of Beaumont and its citizens, subject to the hereinafter described condition; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this ordinance are hereby, in all things, approved and adopted; and, Section 1. That a specific use permit to allow business offices in a RCR-H (Residential Conservation and Revitalization-H) District at 2453 Broadway Street, being Lot 7, Block 26, Averill Addition, City of Beaumont, Jefferson County, Texas, containing 0.172 acres, more or less, as shown on Exhibit 'A" attached hereto; and, is hereby granted to Deli Management, Inc., its legal representatives, successors and assigns, as shown on Exhibit "B," attached hereto and made a part hereof for all purposes, subject to the following condition: • No additional permits or release of utilities shall be granted until the conditions of the prior specific use permit (2029-P) have been complied with; and, with a modification to the landscaping/screening requirements along the east, west and south property lines (8' tall wood screening fences along the south 72' of the east property line, along the south property line and along the south 96' of the west property line and no 10' wide landscape strip along the east, west and south property lines). 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,"attached hereto and made a part hereof for all purposes. Section 3. Notwithstanding the site plan attached hereto, the use of the property herein above described shall be in all other respects subject to all of the applicable regulations contained in Chapter 28 of the Code of Ordinances of Beaumont, Texas, as amended, as well as comply with any and all federal, state and local statutes, regulations or ordinances which may apply. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 28th day of February, 2012. - Mayor Becky Ames - File2126- : Request for a specific use permit to allow business offices man RCR H N (Residential Conservation and Revitalization-H)District. Location: 2453 Broadway Applicant: Raymond J. Begnaud for Deli Management, Inc. 0 50 100 150 ( i I 1 Feet Legend ® 2126P GCS-11�ID C RJR- 1 BROADWAY ST .� R CR-H -4 LIBERTY AVE RCK- RCR-H EXHIBIT "A" �o z?R AO tl (CALL 150.00') O 7 FND S00 006 34"W 150.15' W N ` 0.53 CQn 0' N Z *1(/� h "s7 IA10• 0 10.)0 N C_y, , �.b :.t b i b <'p-lW� ' �'" >' I � �'+ � cep-• 21.11' Pf t7Ctiin e•a � ❑ Pg o mo Z �O'J.krJ g p m b n't vt S M ;..: N sworn , R 21.04' I aoeo' 3 o = N ��► �yy ��'�r'4 �$! �'� t t�, 'LS, '5 i i t s �k�1� �J� + • `v s FND N00 05'12"E 150.18' z r u t (CALL 150.00) Cli o �O a SC4Mf 1"=20' 0- t 'ON 3713 *Approval subject to the following condition: 1. No additional permits or release of utilities shall be granted until the conditions of the prior specific use permit(2029-P)have been complied with . and with a modification to the landscaping/screening requirements along the east,west and south property lines to tall wood 96e�the west property line and no 10'the east Property strip along the a wept ands nth and along the south property lines). 5 February 28,2012 Consider adopting guidelines for acceptance of private streets and infrastructure for maintenance by the City of Beaumont RICH WITH OPPORTUNITY BEAUMOK* T • E • g • A • s City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager c>)3 PREPARED BY: Chris Boone, Community Development Director MEETING DATE: February 28, 2012 REQUESTED ACTION: Council consider adopting guidelines for acceptance of private streets and infrastructure for maintenance by the City of Beaumont. RECOMMENDATION The Administration recommends adoption of guidelines for acceptance of private streets and infrastructure for maintenance by the City of Beaumont. BACKGROUND Most new subdivisions include streets built to City standards and then dedicated to the City for ongoing maintenance. However, some subdivisions are developed with private drives and are gated for added privacy. The ongoing maintenance and repair to their drives,water, storm drains and other infrastructure is the responsibility of the property owners'association. From time to time, cities are approached and asked to take over the maintenance of these neighborhoods' infrastructure. The concern for the City is the condition of infrastructure, as the costs for future maintenance and repairs will then be borne by the taxpayers. In order to provide a fair method to evaluate whether or not a private drive subdivision should be accepted by the City as public,we are proposing the attached guidelines. These guidelines provide for an application process whereby a neighborhood can petition to have their infrastructure made public. The process includes an application fee,an engineering survey and costs for a plan to make any necessary improvements to bring the infrastructure up to City code. Following this,the Planning Commission would consider the plan for infrastructure improvements and make a recommendation to City Council. If the plan is approved by the Council, any necessary improvements would be made by the property owners and then considered for acceptance by the Council. The subdivision would then be re-platted to reflect that the infrastructure was then public. Attached are guidelines for acceptance. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Council hereby approves guidelines for acceptance of private streets and infrastructure for maintenance by the City of Beaumont, as described in Exhibit"A,"attached hereto and made a part hereof for all purposes. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 28th day of February, 2012. - Mayor Becky Ames - GUIDELINES FOR ACCEPTANCE OF PRIVATE STREETS AND INFRASTRUCTURE FOR MAINTENANCE BY THE CITY OF BEAUMONT Procedures 1. To initiate the process for acceptance of a private street and infrastructure, a written application on forms provided by the City must be submitted to the Office of the City Manager for consideration. The application shall be signed by the representative of the property owners' association(the"Association") authorized to dedicate the streets and infrastructure for public use. The application must include copies of the recorded plat of all streets to be dedicated, any applicable easement documents, any records of construction and repair of the streets and infrastructure and any and all deed restrictions and home owners association rules and amendments thereto. Upon the City's initial review, additional information may be requested by the City. The City will consider applications received on a first-come, first served basis. 2. The owners' Association must a a nonrefundable fee of five hundred dollars PreP�Y pay ($500)for the processing of the a pp lication. The Public Works Director(the"Director") will work with the Association's engineer, approved by the Director and funded by the Association,to cause inspections and tests to be undertaken with respect to each street and infrastructure to determine if they meet the minimum current standards established in the City's codes. The Director will approve the scope of any needed improvements or notify the Association, in writing, of the deficiencies needed to be corrected in order to bring the infrastructure up to City codes. 3. Should the Association choose to move forward, staff will review and prepare the request for consideration by the Planning Commission and the City Council. The Planning Commission will review the proposal and make a recommendation to the City Council. The City Council shall thereafter determine acceptance or rejection of the street and infrastructure preliminary dedication plan. 4. If the City Council accepts the street improvement and repair plans and accepts preliminary dedication of the streets and infrastructure,the Director shall notify the applicant of same. The Association will submit their engineering repair plan and drawings within six (6) months of approval by the City Council. For good cause,the Director may grant a reasonable extension. The Association must complete any necessary repairs and improvements and legal documents for recording within eighteen(18)months of the City Council approval date. For good cause shown, an extension of time for the completion may be granted by the City Council. 5. Upon approval of the Director,the City Council shall consider a resolution accepting the infrastructure for public dedication. 6. Within sixty(60) days of the acceptance of the infrastructure by the City Council,the Association shall apply for an amended subdivision plat,reflecting the dedicated EXHIBIT "A" rights-of-way and infrastructure. The final plat shall be submitted to the City by the Association within six(6)months of the preliminary subdivision approval. Additional Standards For Acceptance 1. Trees,boulders and other large obstacles(other than mailboxes)located within three(3) feet of the pavement may be removed by the applicant if determined by the Director to be unsafe or a traffic hazard. Other Conditions of Acceptance: Maintenance 1. The City will document by photographic evidence,engineering reports,plans and tests,the condition,composition and configuration(including pavement thickness and width)of the street at the time of application.If accepted,the City will have no obligation to improve the condition or configuration of the street. 2. The Association shall maintain all entrance monuments to subdivisions, including replacement of lighting,painting,repairs and maintenance. If in conflict with City standards, monuments may need to be altered or removed at the expense of the Association. 3. The City will remove all trees on the right-of-way that die after the streets have been accepted. Replacement of trees will be within the sole discretion of the City. All other landscaping will be performed at the expense of the Association. 4. Entrance gates that prevent public access to streets, speed bumps and any other traffic obstructions or devices will not be allowed on city maintained streets and must be removed at the Association's expense. 5. Acceptance by the City of the responsibility to maintain streets does not include the responsibility for maintenance of landscaping within the street right-of-way, landscaped portions of cul-de-sacs, common ground, streetlights, or mailboxes within the right-of-way. 6. As a condition of acceptance by the City of any street pursuant to these guidelines,any and all documents deemed necessary by the City for final acceptance shall be executed by the Association. 6 February 28,2012 Consider a request to close a portion of right-of-way on Trinity Street at the railroad tracks next to Beaumont Fire Station No. 1, Ebenezer Baptist Church and Eastham Forge, Inc. RICH WITH OPPORTUNITY BEAUM-0,N*T • E • X • A • S City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Chris Bone, Community Development Director MEETING DATE: February 28,2012 REQUESTED ACTION: Council consider a request to close a portion of right-of- way on Trinity Street at the railroad tracks next to Beaumont Fire Station No. 1, Ebenezer Baptist Church and Eastham Forge, Inc. RECOMMENDATION The Administration recommends approval of the closure. BACKGROUND The City of Beaumont Public Works Department has requested the closure. The purpose of the closure is all part of an effort to create a quiet zone so that trains do not have to blow their horns at intersections in the area. Where Neches and Pearl cross the tracks, actual quiet zones will be created by installing the appropriate signalization.Nearby are the Cathedral Square residential development,Ebenezer Church and St.Anthony Basilica. These properties will greatly benefit by the quiet zone. Entergy states that it has an electric distribution power line in the right-of-way. As long as the current utility easement stays in place,Entergy does not object to the closure. The closure of Trinity Street at the KCS Railroad tracks will be marked with traffic signs identical to the ones used at the closure of Main Street at the KCS Railroad tracks. At a Regular Meeting held February 20, 2012,the Planning Commission voted 5:0 to approve the closure of a portion of right-of-way on Trinity Street at the railroad tracks next to Beaumont Fire Station No. 1, Ebenezer Baptist Church and Eastham Forge,Inc. BUDGETARY IMPACT None. ORDINANCE NO. ENTITLED AN ORDINANCE CLOSING A PORTION OF TRINITY STREET AT THE KCS RAILROAD RIGHT OF WAY IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. BE IT ORDAINED BY THE CITY OF BEAUMONT: THAT a portion of Trinity Street at the KCS Railroad right-of-way, being a 61.11' x 61.11' segment of Trinity Street right-of-way at the KCS Railroad right-of-way extending from the east right-of-way line to the west right-of-way line of Trinity Street and from the north right-of- way line to the south right-of-way line of the KCS Railroad right-of-way, City of Beaumont, Jefferson County, Texas, containing 0.0028 acres, more or less, as described in Exhibit"A" and shown in Exhibit "B," attached hereto, be and the same is hereby closed. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 28th day of February, 2012. - Mayor Becky Ames - LEGAL DESCRIPTION FOR ORDINANCE PURPOSES Being a 61.11'x 61.1 F segment of Trinity St.right-of-way at the KCS Railroad right-of- way extending from the east right-of-way line to the west right-of-way line of Trinity St. and from the north right-of-way line to the south right-of-way line of the KCS Railroad right-of-way, City of Beaumont, Jefferson County, Texas, containing 0.0028 acres,more or less. EXHIBIT "A" y File : Request to close a portion of right-of-way on Trinity Street next to Beaumont N Fire Station#1,Ebenezer Baptist Church and Eastham Forge, Inc. Location: Intersection of Trinity Street and railroad tracks Applicant: City of Beaumont Public Works 0 50 100 150 ( I I E Feet _- Legen d "' 970B 7 D � ti CBD �.� . CBD ss �o r CBD : BBD .. BD .:.:..:......:..:.... >.. : . L1 s 5 LI EXHIBIT "B" F a `4�Eby A- ' /►`�� ;.. , 1 j CO 'f A la s C 5C� 1 1 i . i j� �P 11 S 61. SCALE 1"=100' 7 February 28,2012 Consider authorizing the City Manager, on behalf of the City of Beaumont,to acquire the First Mortgage Lien Note from Capital One Bank related to property at 625 Orleans known as Hotel Beaumont RICK WITS OPPORTUNITY N* BEAVN',0 T • g • A • g City Council Agenda Item TO: City Council FROM: Kyle Hayes,City Manager MEETING DATE: February 28,2012 REQUESTED ACTION: Council consider authorizing the City Manager,on behalf of the City of Beaumont,to acquire the First Mortgage Lien Note from Capital One Bank related to property at 625 Orleans known as Hotel Beaumont RECOMMENDATION The Administration recommends approval. BACKGROUND The City Council discussed the details related to this item in an Executive Session,properly called and held,on February 21,2012. This item will be discussed in an Executive Session on February 28,2012 as well.