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HomeMy WebLinkAboutPACKET JUN 26 2012 s=ow Wxs■ *pro sv t TV T X * A * 5 REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS JUNE 26,2012 1:30 P.M. CONSENT AGENDA * Approval of minutes—June 19,2012 * Confirmation of committee appointments A. Approve an amended pipe line crossing contract with the Kansas City Southern Railway Company related to the Main Street Utility Relocation Project A RICH WITH OPPORTUNITY BEA`Ulmm* T • Z • X • A • $ City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Dr. Hani J. Tohme, P.E., Water Utilities Director MEETING DATE: June 26, 2012 REQUESTED ACTION: Council consider a resolution approving an amended pipe line crossing contract with The Kansas City Southern Railway Company related to the Main Street Utility Relocation Project. BACKGROUND The original pipe line crossing contract was executed on June 14, 1954. The contract describes the City's existing water and sanitary sewer mains situated along Main Street that cross the KCS railroad tracks near the intersection of Main Street and Gilbert Street. The new pipeline crossing contract will abandon an existing 30" sewage pipeline and install a 30" carrier/42"casing sanitary sewer pipeline and to abandon an existing 12"water pipeline and install a 12.750" carrier/20" casing potable water pipeline at KCS Mile Post K 766.1 (Main Street). Council had previously authorized the execution of a contract for the construction of the Main Street Utility Relocation Project with Allco, Ltd., in the amount of$309,795.82 on April 10, 2012. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of resolution. 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 an Amendment to a Pipe Line Crossing Contract, substantially in the form attached hereto as Exhibit"A,"with The Kansas City Southern Railway Company to provide for the abandonment of an existing 30"sewage pipeline and installation of a 30"carrier/42"casing sanitary sewer pipeline and abandonment of an existing 12" water pipeline and installation of a 12.750" carrier/20" casing potable water pipeline at KCS Mile Post K 766.1 (Main Street) related to the Main Street Utility Relocation Project. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 26th day of June, 2012. - Mayor Becky Ames - 12-1366—1367 AMENDMENT TO PIPE LINE CROSSING CONTRACT THIS AMENDMENT ("AMENDMENT")amends that certain Pipe Line Crossing Contract,dated June 14, 1954, ("BASIC AGREEMENT'), KCS Contract #004019289, by and between THE KANSAS CITY SOUTHERN RAILWAY COMPANY, a Missouri corporation, called herein "Railway Company", and THE CITY OF BEAUMONT,TEXAS,to be addressed at 801 Main Street, Suite 210,Beaumont,Texas 77701, called herein"Licensee". The effective date of this Amendment is the 15'b day of May,2012("Effective Date"). RECITALS: WHEREAS, City of Beaumont, Texas entered into the BASIC AGREEMENT with The Kansas City Southern Railway Company dated June 14, 1954, including all amendments and supplements thereto, such BASIC AGREEMENT and all supplements and amendments and this Amendment,hereinafter sometimes referred to as"Agreement". WHEREAS, Licensee desires to abandon an existing 30" sewage pipeline and install a 30" carrier/42" casing sanitary sewer pipeline, and to abandon an existing 12" water pipeline and install a 12.750" carrier/20" casing potable water pipeline at Mile Post K 766.1 (Main Street). Except as modified herein, all terms and conditions of the BASIC AGREEMENT shall remain in full force and effect. AGREEMENT: NOW, THEREFORE, IT IS AGREED by and between the parties that the Agreement is hereby amended by adding the following provisions to the Agreement, which provisions are in effect as of the Effective Date. 1. Licensor, without any warranty or guarantee of suitability of the premises for Licensee's or any other purpose, hereby permits Licensee a license to construct, maintain, operate, use and remove a proposed sanitary sewer and potable water pipeline under Licensee's tracks and right-of-way at Mile Post K 766.1 (Beaumont Subdivision) at or near Beaumont (Jefferson County), Texas, the course of the pipelines being described and as indicated on print of drawing no. 12-1366 and 12-1367 dated 02-01-2012 and approved 02-02- 2012,marked Exhibit"A",attached hereto and incorporated herein by reference. The rights granted under this Agreement are subject to all outstanding superior rights whether or not of record(including those in favor of licensees and lessees of Licenser's property,and others)and the right of Licensor to renew and extend the same, and is made without covenant of title, or for quiet enjoyment. Licensor does not warrant title and Licensee accepts the rights granted herein and shall make no claim against Licensor for deficiency of title. Licensee acknowledges that the Licensoe's interest in the right-of-way varies from segment to segment and may include lesser interests than fee title. Licensee shall, at Licensee's sole cost and expense, obtain any and all necessary rights and consents from parties other than Licensor which may have or claim any right,title or interest in the property upon which the Licensee's right-of-way is located. 2. The sanitary sewer carrier pipe shall consist of 30"HDPE having a minimum wall thickness of 3.1" and a minimum yield point of 160 PSI,which carrier pipe shall be encased in a 42"x 100'steel casing pipe having a minimum wall thickness of 0.5625"and a minimum yield point of 35,000 PSI. Maximum operating pressure of the pipeline shall not be greater than 35 PSI. -Page 1 of 4- EXHIBIT "A" 12-1366-1367 The potable water carrier pipe shall consist of 12.750" HDPE having a minimum wall thickness of 1.27" and a minimum yield point of 160 PSI,which carrier pipe shall be encased in a 20"x 107'steel casing pipe having a minimum wall thickness of 0.3125"and a minimum yield point of 35,000 PSI. Maximum operating pressure of the pipeline shall not be greater than 35 PSI. Licensee expressly agrees that its under-track installation shall be by dry bore and jack method and that no boring or excavation shall occur within Licensoe's right-of-way, nor shall any boring occur in the track embankment. The angle of the pipeline crossings beneath Licensor's property and tracks shall be no less than 90°. Construction, maintenance, operation, use and removal of the pipelines shall not endanger the safety or condition of Licensors property in any way, or the operation of trains or cars, and the pipelines shall be laid at a minimum depth of 10' below the bottom of Licensoe's base of rail and at a minimum depth of 9.5' below ground level at all other points on the right-of-way. Excavations made on Licenser's property shall be promptly refilled by Licensee,the earth well tamped,and the ground left in the same condition as before laying of the pipelines. The pipelines shall be maintained so as to prevent the escape of its contents being conveyed.Connections or valves shall not be placed in the pipelines nearer than forty feet (40') from the center of Licensee's nearest track. Further, the pipelines and its operation and use, shall comply with any and all applicable governmental laws,rules, and regulations. The parties hereby incorporate the requirements of 41 C.F.R. §§ 60-1.4(a)(7), 60-250.5, 60-741.5, and 29 C.F. R. part 470,relating to equal employment opportunity, if applicable. If required by Licensor, gates and check valves shall be placed in convenient locations. Licensee agrees that no hydrostatic pressure testing shall be allowed unless the carrier pipe has been encased in a steel casing meeting Licensor and AREMA specifications. Construction, maintenance, operation, use and removal of the pipelines--shall not endanger the safety or condition of Licensee's employees or property in any way, or the operation of trains or cars. The location of the pipelines shall be marked,with markers maintained and plainly visible at the right-of-way lines. 3. Licensee shall not enter nor commence construction on or under Railway Company's property or right-of-way unless accompanied by a qualified construction observer and flagger to oversee Licensee's work on Railway Company's property or right-of-way. Licensee will be responsible for all construction observer,flagging and mobilization costs, herein referred to as "Services", and arranging for these necessary Services associated with the installation. To enable arrangements to oversee for these Services that are to be performed under this Agreement, Licensee must submit a written scheduling request to Railway Company's Scheduling Agent, hereinafter referred to as "Scheduling Agent", which request is received by the Scheduling Agent for approved Railway Company qualified construction observer and flagging contractor a minim of thirty(30)Business Days in advance before Licensee proposes to commence work on or under Railway Company's property or right-of-way. (A"Business Day"is any day Monday through Friday which is neither a federal holiday nor a state holiday at the address of Railway Company's scheduling agent stated below.) The request must contain Licensee's name, the date of this Agreement,the location of the work to be performed, and how many consecutive Business Days will be required for Licensee to complete the work. Licensee's written request must be delivered to Scheduling Agent at the following location: Mr.Thomas Faulkner Bartlett&West,Inc. 1200 SW Executive Drive Topeka,Kansas 66615 Phone: 785-228-3265 Fax: 785-228-6298 Email: thomas.faulkner@bartwest.com -Page 2of4- 12-1366-1367 Licensee will, upon receipt of an invoice from Scheduling Agent specifying in reasonable detail Scheduling Agent's costs and expenses of providing these Services,reimburse Scheduling Agent for all of their costs and expenses of providing an inspection,flagging and mobilization prior to installation. Railway Company's designation of a company or individual as a"qualified"flagger or flagger provider,or Scheduling Agent,shall be construed solely as Railway Company's willingness to allow said individual or entity to provide Services on Railway Company's property or right-of-way without fund=proof of qualification, and shall not be construed as an endorsement or other verification of the abilities or qualifications of said Scheduling Agent by Railway Company. All flaggers or Scheduling Agents provided herein shall be treated solely as independent contractors of Licensee,with no relationship to Railway Company,for all purposes herein. Licensee and its agents, employees and contractors will clear the tracks when directed to do so by the flagger. The presence of the flagger will not relieve Licensee of its duty to keep all of its agents, employees and contractors clear of the tracks when trains are in dangerous proximity to the licensed area The actions or inactions of the flagger shall be construed for all purposes herein as the actions or inactions of the Licensee, and shall be governed by Licensee's duties of indemnification,and saving harmless under Section 3 of this Agreement. If Licensee's scheduling_reauest fags to reach Scheduling A_ggnt at least thirty(30)Business Days before Licensee's vrovosed commencement of work Railway C2=M may refuse to allow commencemnent of the work on the Licensee's pMsed commencement date. If Railway Company will not allow the work to proceed on Licensee's proposed commencement date because the scheduling request did not reach Scheduling Agent in time, Railway Company will inform Licensee of this fact as promptly as possible and work with Licensee to arrange an alternative commencement date for the work, The construction observer and flagger will-remain at the site on a reasonably continuous.basis-to oversee the work, and charges will accrue for each day spent awaiting the completion of the work and the installation of appropriate signs marking where Licensee's facilities enter and leave Railway Company's property and right-of- way. If installation takes longer than contracted for with Scheduling Agent, Licensee will, upon receipt of an invoice from Scheduling Agent specifying in reasonable detail Scheduling Agent's costs and expenses of providing the inspection, flagging and mobilization, reimburse Scheduling Agent for all of Scheduling Agent's costs and expenses of providing an inspector,flagger and mobilization. Once Licensee has submitted its scheduling request to Scheduling Agent,should Licensee require a change to the scheduled date, Licensee shall provide Scheduling Agent at least two (2) Business Days' notice prior to the requested start date of the work. If Licensee fails to provide two(2) Business Days' notice of the change,Licensee shall be charged,and agrees to pay,the daily rate,and any travel costs actually incurred,for the construction observer, flagging and mobilization for one(1)day. 4. Licensee shall pay Railway Company an additional one-time license fee, set in accordance with Railway Company's then current fee schedule, for any additional pipelines, wireline(s), or facilities permitted by Railway Company. 5. So long as this Agreement is in effect Licensee agrees to maintain comprehensive general liability and contractual liability insurance with minimum limits of two million dollars ($2,000,000.00) per occurrence, four million dollars ($4,000,000.00) aggregate. Licensee shall provide automobile liability coverage in the amount of one million dollars ($1,000,000.00) combined single limit. In addition, Licensee shall provide or require minimum statutory worker's compensation coverage for all covered employees who are on Railway Company's property. Licensee must also provide a Railroad Protective Liability Insurance policy naming the Railway Company as the Named Insured with coverage limits of at least two million dollars ($2,000,000.00)per occurrence and six million dollars ($6,000,000.00) aggregate. The original Railroad Protective Liability policy shall be promptly furnished to Railway Company. Each policy must be issued by financially reputable insurers -Page 3 of 4- 12-1366—1367 licensed to do business in all jurisdictions where work is performed during the term of the Agreement. A certificate of insurance will be provided to Railway Company by Licensee, reasonably satisfactory to Railway Company in form and content,evidencing that all required coverage is in force and have been endorsed to provide that no policy will be canceled or materially altered without first giving the Railway Company thirty (30) day's prior written notice. Commercial general liability policy will name Railway Company as an additional insured and, to the fullest extent allowed under law,will contain a waiver of subrogation in favor of Railway Company. All policies will be primary to any insurance or self-insurance the Railway Company may maintain for acts or omissions of Licensee or anyone for whom Licensee is responsible. Any deductible or self-insured retention on the required insurance shall be the responsibility of Licensee. Licensee will include copies of relevant endorsements or policy provisions with the required certificate of insurance. Nothing contained in this Section limits Licensee liability to the Railway Company to the limits of insurance certified or carried by Licensee. If Licensee utilizes subcontractors in performance of this Agreement, the subcontractors must meet the same insurance requirements as the Licensee. If a subcontractor does not meet the coverage requirements of this Section, subcontractor must either supplement the deficient areas of coverage or Licensee must certify that Licensee has acquired sufficient coverage to supplement the deficiency of subcontractor. IN WITNESS WHEREOF,the parties hereto have caused this Agreement to be executed in triplicate by their authorized representatives as of the date first above written. THE KANSAS CITY SOUTHERN RAILWAY COMPANY By: Title: Date: THE CITY OF BEAUMONT,TEXAS By: Title: Date: -Page 4of4- ----- ----------------- - ------------- ------ . ..... . ..................................--------------- *----------------------------------------------- ---------- -------------­- gn ju ZAIV INA C4 log. r` ► w ! " + "ft""ft 9 1 sit �9 J � j 9-9 frat li*,rz f*o olpm;, a 1;: • Z. TAro Ar ................................................................. ......................... ...................................... ­----------------------- ........ ................. - ---------------------------------- ---- ---------------------------------------- ...... .............. ------------------------------------*'****"*.......... ---------- ----------- VOW 1, 41 4 p IV IAIV t a1 -44 30 0 Ir 9 ;I 06 �,_-i z es�pl ky, Slip- Li ..........................................------..................------.................... ........................... .................................... ............. � ~ - ' OMKEK0F COMPITOLLER No-12-29"7�- ' Between 7he Kansas City Southwu Railway Company -----'--'---------'--------------'-----'--'------'-----'------ and � . ---- ---~-----'--'---�r-----'------------------------------------- -----`-----------'----------------`-------`-------------- '--''---------------'---'----''-'------'-'----------'----- - Ph ------ --' —'--'--- ~^ ------------------------------------- ------------ --------------------------------------------------------- nwhiam Ge"Wnhkff xxbMd= and TW=IWdM ^~~~-ip------ ---4-----'--------'-------' � A,_4_tK�" ------------------------------------------ References:------------------------------------------------------------------------------------------------------- -- ------------------'-----'------------'-'----'------------------'--- Em in in in By By By can"" M vomwbw AIM vWwe AwL nxaMW Tnaam Wft~MiW xA=m&nBW . ExecadomNommd -X-1:04' ------------- ------ ------ KancmllaxionNoted ------ ------ ------ ------ ------ ------ ------ Supersedes Contract Bo---------------------------------------------------------------_------------------------- Superseded by Contract No------------------------------------------------------------------------------------ | � | FOT G3-B PIPE LINE. .,C' G CONTRACT , .. ente�l into dtit�s,_��r_ 19 between 212 KAt M CITY: RAILUr a corporation called herein "Licensor"; and " . CITl or Ham, . . called herein "Licensee" 1. Licensor hereby grants Licensee the right to lay and maintain__ _ 3 �reu _... - - - - pipe line-------for the con!veyazice of-------------:_ ............_....:::.::'::..::.:under its tracks and 1 1� Y at the course'of'said':pipe line.;: being;described as'follows. As iadleated br red line m pmt of Iraxlg etc`. 13--4, Bated Juno 10p 1954,.:atb&6W b ato and 2. Said pipeline shall,be-laid in:a:maxmer._:eeceptable.to l icensor's F.aagineer,-md:plans f6r!raame4hall be submitted for his approval before construction work begins. Laying and°mainten"cowof'said.line`shall=not en�dw4w l"lie safety'of:Licensor's'•;iroperty in.-Ai *ay, or Ae vpemiib i'of°tri�inW or cars 'anii#W pipe'Ifite=shalll lie-laid vvif i s'siiitshle protection`ci sii g at a minimum depth nabsa---below the bottom of Licensor's ties and at.a minimn�'8epth i f t�venty- four,inches (24").,be aw ground.#,other pQi is an�.Vie #igl t�f,-way: E Patio made.on Licensor's property shall be promptly refilled by Licensee, the earth well tamp*;fiji4,.gronpd left in. the: sme condition as before laying of said pipe line, and locations of the pipe line marked and the markers main- tained and plainly visible at the right-of-way lines. The pipe line shall be"maintained so as to prevent the escape of gas or liquid being'661`0e`4d through same, and side connections.or valves shall.not be placed t4erein nearer than. orty. (40),feet to the center of Licensor's nearest track. If `required by L censor's Engineer; gates and check valves "I.be;pl�ed,in convenient locations so Licensor's property will not be endangered by accidents to the pipe line. .A pipe line-for.' Ig, commodities Between limits of tlhe right-of-way lines.of U..enso{ shall be erica din cast' "'� cemented o' , or in steel pipeswith`threaded--or:welded-;oin with ir0 ,itlpg' ts; sp cs' rei�nd'°saii�l p e t 1i.�md�of said iiig permanently closed with cement..:Said=pips line hall not be used unless an iron vent pipe be installed and maintained in the casing at locations desig- nated by Licensor. . . .. ... . . -... ... ..'.. ...:: 3- Licensee shall promptly make necessary repairs to said pipe line,and, in the event of 64lii`reAo do so, same may be made by Licensor at cost of Licensee, which Bost Licensee expressly gees to pay, upon presentation of bUL Sh6uld',Lieenbor at any time decide, a change in the location or other changes in said pipe line be desirable, Licensee will, at its own cost make the,changes u 0'1 :requests, and upon the failure gps at Lice,nsor:r.e ...47�. �Licensee's'.,* :- . Licensee to do so, Licensor may,n;A6.such changes at expense, which expense the latter expressly agrees to pay upon receipt of bill. In consideration of the privleges herein granted, Licensee hereby expressly agrees to save harm- less Licensor and other railway companies PP .oe*=,from over, or msing.tra4m of Li #0 claims for damage to'property or injuries to*persons arising from the'construction, irilnteftan6e, or removal of said pipe line; and Lice -*d;=JIW4y companie4j Tom damages to said pipe line from any cause whatever. Licensee hereby assumes all liabilityJar injuriesto its employees, or other persons working on said pipe line caused by the operation of trains and will hold harmless licensor and other.railway com- panies operating over or using its tracks, from and against all damages or claims arising or growing out of any injuries, so caused, to such employees or persons. 4-.' RijrhU 'lidrein"jirr"ted 'are- 'personal and not assignable without Licensor's written consent;and -:h b4idi upon suecessorsaiqd-assjgnffof`both parties. �0411 lie:. 5. Upon termina#on hereof, Lice.nAw. -AW im", J tOy remove said pipe line of Licensor, iChd'U']p)n- 'fahu: re so to'do*Licensor may' remove sand'pipe at LicensWa cost, Which cost Licensee agrees topay.:...._: 6. Licensee agrees to Pay for use of Licensor's rig and ihe privilege hereby granted,the sum Of Ten DmUarg (010.00) Wm w*=tLen of thU a--I Aut. 7. If-the-right to Jay more than one pipe line be gmnted_ii!:paragraph I hereof,all provisions here- in-shaft vpply to.*ia&of,swAVij*firAs--with equal force.0 though. specifieally�enumerate& 8. This agreement shall continue in force for one (1) yeaA and thereafter until terminated by either-party-toAhe:oth6r.provided,-lAcensor may,if it deems it RX�. 7�t%;t .t hX..,gbn&.t Liganspe ten..:(I a vritten.,potice of it&intention tote _ -Ma -caused tliii:ag..keeradnit'to be executed in I"'have a4s -tlie"day and j6hr flMV0 i-bov Or wr A" md ,. TUB KUM An_SOMW ,Appm --------------------------------- -- — -------------- - ---------- -------==------------------- - x711 ►t A4`14 ....:..__.... .................. As to form. ----------- ------------------ - MM, —----------------- _7 -------------------------- - 1111M ........ A --------- .- .................... - ----------- ..-------- VY46 President&General Counsel. VIN - - ------------------------------------------------------------------- ......_---•_.... -------------------------------------------------------------------- Vice President& General E; 1.0?8 0ei HiIdcc 3 ss T _ Ln ,- } 0 in Ln 40 1 i$902 t j Pipz ,0 Cl lit �;Y� `r1 . MAIN D, Prop. 30" Sever with- 42- 0.1 Pipe casing. C u Ti re} vni >, i G C.cery PEARL go *mod C �d rd + ��+� .^•t'� t"%•; RARIBIT KANSAS CITY SUJT! ERN RAILVft Y Co. - Proposed 30" concrete sewer, ., 10 , CITY OF %;k(jX0NT, TMXAS.t Office of Chief -MFr. A110-54 K. C. Mo. • Scale 1"-1 7)w9. # 13-11 ;, r Alan 7I!■ OVV*015nl?T BEAD,N" T * 3 * X * A * 8 REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS JUNE 26,2012 1:30 P.M. AGENDA CALL TO ORDER * Invocation Pledge Roll Call * Presentations and Recognition * Public Comment: Persons may speak on scheduled agenda items 7-13/Consent Agenda * Consent Agenda GENERAL BUSINESS 1. Consider an ordinance approving a request for a zone change from RS (Residential Single Family Dwelling)District to RM-M(Residential Multiple Family Dwelling-Medium Density)District or more restrictive district on property located north of Sienna Trails Subdivision 2. Consider an ordinance approving 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 or more restrictive district at 2020 East Lucas 3. Consider an ordinance approving amendments to the Zoning Ordinance, Sec. 28.03.020(f)(3)(B), Sec. 28.03.020(f)(3)(D), Sec. 28.03.020(f)(4)(A), Sec. 8.03.020(f)(4)(C), Sec. 28.03.021 (f)(4)(B), Sec. 28.03.021 (f)(5)(A), Sec. 28.03.021 (f)(5)(B), Sec. 28.03.021 (f)(5)(C), Sec. 28.03.024 (b)(1)and Sec. 28.04.008 (b)(3) 4. Consider an ordinance approving a request for a specific use permit to allow an employment agency in an NC (Neighborhood Commercial)District at 3390 Harrison Avenue 5. Consider an ordinance approving a request for a specific use permit to allow the filling of oxygen tanks in an LI(Light Industrial)District at 2155 Interstate 10 East 6. Consider an ordinance approving a request for an HC-L(Historic Cultural- Landmark Preservation)Designation for the house at 470 Jackson 7. Consider an ordinance approving the abandonment of a 3'wide portion of an easement at 6835 Lexington 8. Consider an ordinance approving the abandonment of a 1.8'x 55.4'portion of a 20'wide utility easement at 7310 Highway 105 9. Consider an ordinance amending Section 20.03.003 of the Code of Ordinances changing the speed limit on a section of Delaware Street 10. Consider a resolution approving the transfer of$900,000 from the Fund Balance in the General Fund to the Municipal Transit Fund 11. Consider a resolution approving a contract for the East Lucas Sidewalks Project (US 69 to Railroad Tracks) 12. Consider a resolution approving a contract for maintenance and repair services for use by the Building Services Division 13. Consider a resolution authorizing Dalcor Pine Club, LTD to submit an application to the Texas Department of Housing and Community Affairs(TDHCA) for the Pine Club Apartments at 5015 Pine Street, a Low Income Housing Tax Credit (LIHTC)project and offering support for the project COMMENTS * Councilmembers/City Manager comment on various matters * Public Comment(Persons are limited to 3 minutes) Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact Mitchell Normand at 880-3777 three days prior to the meeting. 1 June 26,2012 Consider an ordinance approving a request for a zone change from RS (Residential Single Family Dwelling)District to RM-M(Residential Multiple Family Dwelling-Medium Density) District or more restrictive district on property located north of Sienna Trails Subdivision RICH WITH OPPORTUNITY BEAUM01N'*T - E z • A S City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager C>iS PREPARED BY: Chris Boone, Community Development Director MEETING DATE: June 26, 2012 REQUESTED ACTION: Council consider an ordinance approving a request for a zone change from RS (Residential Single Family Dwelling) District to RM-M(Residential Multiple Family Dwelling- Medium Density)District or-more restrictive district on property located north of Sienna Trails Subdivision. BACKGROUND Daniel Dotson,representing Muse Limited, Inc.,has applied for a zone change. In November, 2006, a master plan was submitted for the entire property. That plan called for approximately 38 acres for single family development, approximately 12 acres for apartments and approximately 12 acres for patio homes and elderly housing. In March, 2007 and again in January,2010, City Council approved several zone changes to allow for a variety of housing types. In 2010,there was a concern over what an increase in density might have on traffic flow on Concord. However,work on this section of Concord should begin before the end of 2012. The City of Beaumont Transportation Division does not feel that this rezoning to RM-M for the remainder of the property will adversely affect Concord. At a Joint Public Hearing held June 18,2012,the Planning Commission recommended approval 7:0 of a zone change from RS (Residential Single Family Dwelling) District to RM-M (Residential Multiple Family Dwelling-Medium Density)District on property located north of Sienna Trails Subdivision. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of ordinance. WOOMAND[STASES B L 0 • �up 11,10 C K 1 AI AT —sr5 —��--�. r; TT wTi — —,--,- - •mn WT = — to, a,. _ W. ann mn J ,., �9Y1 \ TOWNHOME TRACT air \ •.�� \\ 16.20 ACRES TRACT, E Ka a Taa � w�mr.nm aw,.tea n,m. • 'n:'s .tom I LOT 2 \ BLOCK 1 II \\ II "Sig \ fdNA aOOMNOaE I I ?.Y' LOT 1 ` \ BLOCK 3 LL �p LOT 1 BLOCK 1I �pytr ® \•� I vd v.R 1 m LOT 1 ,m o T W t.. ].0 ♦ i \ BLOCK 2 I I t8 Kx raaoA. � .10a.s°+ore.aw ♦ TBiFIt CFVMW LOpp II LOT 1 II , BLOCK 1 � 4 ft M b Mum MS ,Y TRACT 2 3.355 ACRES I PLAT OF A 16.29 ACRE TRACT ,,,�,,. • � / �� FOR RE-ZONING OUT OF THE / I THOMAS SPEAR SURVEY, A-50 JEFFERSON COUNTY. TEXAS Flttz�Ship tan •°"°w"� 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 RS (RESIDENTIAL SINGLE FAMILY DWELLING) DISTRICT TO RM-M (RESIDENTIAL MULTIPLE FAMILY DWELLING- MEDIUM DENSITY) DISTRICT FOR PROPERTY LOCATED NORTH OF SIENNA TRAILS SUBDIVISION, 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 RS(Residential Single Family Dwelling)District to RM- M (Residential Multiple Family Dwelling - Medium Density) District for property located north of Sienna Trails Subdivision, as described in Exhibit "A" and shown on Exhibit "B," 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 26th day of June, 2012. - Mayor Becky Ames - LEGAL DESCRIPTION FOR ORDINANCE PURPOSES C0A00EAICING at a capped iron rod in the easterly right-of-way line of Haywood Drive for the southwest comer of Lot 1, Block 4 of Woodland Estates, a plat recorded in Volume 11, Page 64 of the Map Records of Jefferson County, Texas for the northwest comer of the said 62.29 acre tract; THENCE South 400 54'37" East along the said west line of the 62.29 acre tract a distance of 426.49 feet to a 5/8" iron rod found for an angle point; THENCE South 410 02'19" East continuing along the said west line of the 62.29 acre tract a distance of 386.66 feet to a '/" iron rod found for the northwest comer of the said 16.29 acre tract and the POINT OF BEGINNING; THENCE North 41 019'01" East along the northeasterly line of the said 16.29 acre tract a distance of 276.38 feet to a point for the PC of a curve; THENCE continuing along the north line of the 16.29 acre tract with a curve to the right having a chord bearing of North 65 013'18" East, a chord distance of 243.13 feet and a radius of 300.00 feet, a distance along the curve of 250.33 feet to a point for the PT of the curve; THENCE North 89°07'35" East continuing along the said north line of the 16.29 acre tract a distance of 930.63 feet to a point for the PC of a curve; THENCE continuing along the said north line of the 16.29 acre tract with a curve to the right having a chord bearing of South 71007'36" East, a chord distance of 94.56 feet and a radius of 50.00 feet, a distance along the curve of 123.94 feet to a point for the PT of the curve; THENCE North 89°37'26" East continuing along the said north line of the said 16.29 acre tract a distance of 90.04 feet to a point for the northeast corner of the said 16.29 acre tract; THENCE South 00 008'24"West along an interior line of the said 16.29 acre tract a distance of 140.26 feet to an interior corner of the said 16.29 acre tract; THENCE North 89 040'57" East along an interior line of the said 16.29 acre tract a distance of 290.72 feet to a point for an exterior corner of the said 16.29 acre tract; THENCE South 00°27'13"West along the east line of the said 16.29 acre tract a distance of 238.71 feet for a '/" iron rod found for an angle point; THENCE South 00 007'20"West continuing along the said east line of the 16.29 acre tract a distance of 61.59 feet to a capped iron rod found for the northeast comer of the Lot 2, Block 1 of Sienna Trails Subdivision, a plat recorded in Clerks File No. 2008035976 of the Official Public Records of Jefferson County, Texas and the southeast corner of the said 16.29 acre tract; THENCE North 89 054'30"West along the north line of said Lot 2 and a south line of the said 16.29 acre tract a distance of 103.92 feet to an angle point; EXHIBIT'"A" THENCE North 00°05'59" East along an interior line of the said 16.29 acre tract a distance of 61.72 feet to an angle point; THENCE South 89 033'00"West along an interior line of the said 16.29 acre tract a distance of 85.07 feet to an angle point; THENCE North 00 005'59" East along an interior line of the said 16.29 acre tract a distance of 159.14 feet to an angle point; THENCE South 89 028'00"West along an interior line of the said 16.29 acre tract a distance of 438.20 feet to an angle point; THENCE South 70°30'39"West along an interior line of the said 16.29 acre tract a distance of 49.22 feet to an angle point; THENCE South 19 020'23" East along an interior line of the said 16.29 acre tract a distance of 123.64 feet to the PC of a curve; THENCE continuing along an interior line of the said 16.29 acre tract with a curve to the right having a chord bearing of South 16 004'11" East, a chord distance of 85.56 feet and a radius of 750.00 feet, a distance along the curve of 85.61 feet to a point in the said north line of Lot 2, Block 1 for an angle point; THENCE North 89 054'30"West along the said north line of Lot 2 and a south line of the said 16.29 acre tract a distance of 87.76 feet to a capped iron rod found in the east right-of-way line of Sienna Trails for the northwest comer of said Lot 2 and an angle point of the said 16.29 acre tract; THENCE North 70 014'15"West continuing along the said south line of the 16.29 acre tract a distance of 60.00 feet to a capped iron rod found in the west right-of-way line of Sienna Trails for an angle point THENCE South 19 045'45"West along the said west right-of-way line of Sienna Trails and an interior line of the said 16.29 acre tract a distance of 42.31 feet to a capped iron rod found for the northeast corner of Lot 1, Block 3 of said Sienna Trails Subdivision and an angle point of the said 16.29 acre tract; THENCE North 70 014'15"West along a northerly line of said Lot 1 and a southerly line of the said 16.29 acre tract a distance of 239.93 feet to capped iron rod found for an angle point; THENCE South 49 007'36"West along a northwesterly line of said Lot 1 and a southeasterly line of the said 16.29 acre tract a distance of 559.26 feet to a capped iron rod found in the westerly line of the said 62.29 acre tract for the west corner of said Lot 1 and the southwest comer of the said 16.29 acre tract; THENCE North 40°35'54"West along the said westerly line of the 62.29 and 16.29 acre tracts a distance of 40.59 feet to a 5/8" iron rod found for an angle point; THENCE North 40 04222"West continuing along the said westerly line of the 62.29 and 16.29 acre tracts a distance of 490.64 feet to a 5/8" iron rod found for an angle point; THENCE North 40 044'55"West continuing along the said westerly line of the 62.29 and 16.29 acre tracts a distance of 60.43 feet to the POINT OF BEGINNING and containing 16.29 acres of land, more or less. 0"M M M istrict to OResidential 111ultiple JP'afi—ufy—J,—wFj!—n-g:Jfe—=17 M- 7TJTu7Rr"71 :r4tstrictive district r,.jocation: North of Sienna Trails Subdivision I Applicant: Fittz&Shipman, Inc. 0 200 400 Feet w� w—Ij Legend 2136Z JVVA WOO, OAF ko 2 June 26,2012 Consider an ordinance approving 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 or more restrictive district at 2020 East Lucas RICH WITH OPPORTUNITY BEAU-MO,N* T • E • A • A s City Council A►.genda Item TO: City Council _ FROM: Kyle Hayes, City Manager (_)o PREPARED BY: Chris Boone, Community Development Director MEETING DATE: June 26, 2012 REQUESTED ACTION: Council consider an ordinance approving 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 or more restrictive district at 2020 East Lucas. BACKGROUND June Thibodeaux has applied for a zone change. June Thibodeaux has applied for a zone change for 0.39 acres of land behind her existing tax preparation office. The property is located at 2020 E. Lucas. Ms. Thibodeaux states that she would like to move a building onto the subject property to use for additional office space and storage. The south 135'of Ms. Thibodeaux's property is zoned GC-MD. To use the north 135' of her property for her business, a zone change is required. Since January, 2006, of the two zone changes to commercial along the north side of E. Lucas Drive,both have been to GC-MD-2. What makes those zone change requests different from this one is that they both were adjacent to developed single family residential areas. Ms. Thibodeaux's property backs up to a creek and a large,wooded,undeveloped area zoned RM-H. This area is unlikely to develop for many years to come, if ever. Therefore,the Planning Manager does not think that rezoning the rear of Ms. Thibodeaux's to GC-MD will be detrimental to any surrounding properties. To be able to move the accessory building onto the property,the building must have a State seal, be made ADA accessible,have an ADA restroom and must meet the wind load requirements (tie- downs). As an accessory building,it will not be required to be placed on a permanent foundation. At a Joint Public Hearing held June 18,2012,the Planning Commission recommended approval 7:0 of a zone change from RM-H(Residential Multiple Family Dwelling-Highest Density) District to GC-MD (General Commercial-Multiple Family Dwelling) District at 2020 East Lucas. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of ordinance. 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-M (RESIDENTIAL MULTIPLE FAMILY DWELLING - HIGHEST DENSITY) DISTRICT TO GC-MD (GENERAL COMMERCIAL - MULTIPLE FAMILY DWELLING)DISTRICT FOR PROPERTY LOCATED AT 2020 EAST LUCAS, 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 for property located at 2020 East Lucas, City of Beaumont, Jefferson County, Texas, being Lots 3-6, Block C, Southerland Addition, City of Beaumont, Jefferson County, Texas, containing 0.39 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 26th day of June, 2012. - Mayor Becky Ames - - : Request for a zone change from RM-H(Residential Multiple Family Dwelling- N Highest Density)District to GC-MD (General Commercial-Multiple Family Dwelling) District or more restrictive district. cation: 2020 East Lucas Applicant: June Thibodeaux o 100 2,°Feet M-H Legend 2135Z - U) 4 R1H RM -1 H � RMW RM= 0 N ��++ 4 R-S H RM-H RM=H GC-MD GC-MD GC-MD GC MD R-S E LUCKS DR- 0 �Z �'� GC MD C- R-S G GC-MD GC MD .�L EXHIBIT "A" 3 June 26,2012 Consider an ordinance approving amendments to the Zoning Ordinance, Sec. 28.03.020 (f)(3)(B), Sec. 28.03.020 (f)(3)(D), Sec. 28.03.020 (f)(4)(A), Sec. 8.03.020 (f)(4)(C), Sec. 28.03.021 (f)(4)(B), Sec. 28.03.021 (f)(5)(A), Sec. 28.03.021 (f)(5)(B), Sec. 28.03.021 (f)(5)(C), Sec. 28.03.024(b)(1) and Sec. 28.04.008 (b)(3) RICH WITS OPPORTUNITY BEAU"ND-N* T . E . X 0 A 0 S City C oundl A enda Item TO: City Council FROM: Kyle Hayes, City Manager CSr> PREPARED BY: Chris Boone, Community Development Director MEETING DATE: June 26, 2012 REQUESTED ACTION: Council consider an ordinance approving amendments to the Zoning Ordinance, Sec. 28.03.020 (f)(3)(B), Sec. 28.03.020 (f)(3)(D), Sec. 28.03.020(f)(4)(A), Sec. 8.03.020 (f)(4)(C), Sec. 28.03.021 (f)(4)(B),Sec. 28.03.021 (f)(5)(A), Sec. 28.03.021 (f)(5)(B), Sec. 28.03.021 (f)(5)(C), Sec. 28.03.024 (b)(1) and Sec. 28.04.008 (b)(3). BACKGROUND Staff has been reviewing the Zoning Ordinances for corrections and additions that need to be made to the Zoning Ordinance, Section 28. These changes include the following: 1. Sec. 28.03.020(f)(3)(B) 2. One(1)detached owner identification sign shall be permitted for a multiple-family development,nonresidential, or institutional building for each abutting street subject to the following conditions and restrictions: 1. The sign shall not exceed twenty(20) square feet in area. 2. The sign shall not exceed five(5) feet in height. 3. Except for electronic reader board signs,no sign shall be lighted except by reflective floodlight type illumination. There shall not be any flashing lights or any type of intermittent illumination, except as allowed below: 1. Electronic reader board signs shall not be permitted, except as an attachment to or a part of a detached owner identification sign. (b) The message copy may change no more than once every forty-five(45)seconds. (c) Message copy shall not include any flashing, flowing, alternating or blinking lights or animation. (d) . Electronic reader board signs that are part of a detached owner identification sign shall be allowed to have multiple colors. (e) As measured at the property line,the maximum light emanation from a sign shall not be no greater than 0.2 footcandles. (f) Electronic reader board signs shall not be permitted in an historic district. (iv) All parts of the sign shall be located a minimum of twenty-five(25) feet from the property line. (v) The sign shall meet the wind load requirements of the building code. (vi) The sign shall be placed in a landscaped setting of not less than one hundred twenty(120) square feet. 2. Sec. 28.03.020(f)(3)(D) (D) One(1) detached owner identification sign shall be permitted for each commercial use with a specific use permit in the RCR,Residential Conservation and Revitalization District, subject to the following conditions and restrictions: (i) The sign is included in the site plan approved in the specific use permit. (ii) The sign shall not exceed twenty-five(25) square feet in area. (iii) The sign shall not exceed fifteen(15) feet in height. (iv) The sign shall not have any flashing lights, intermittent illumination nor revolve nor rotate in any manner, except as allowed below: a. Electronic reader board signs shall not be permitted, except as an attachment to or a part of a detached identification sign. b. The message copy may change no more than once every fit,a(5)minatcs forty-five (45)seconds. C. Message copy shall not include any flashing, flowing, alternating or blinking lights or animation. d. . Electronic reader board signs that are part of a detached identification sign shall be allowed to have multiple colors. e. As measured at the property line,the maximum light emanation from a sign shall be no greater than 0.2 footcandles. f. Electronic reader board signs shall not be permitted in a historic district. 5. All parts of the sign shall be set back at least fiftem(15)feet from any property line. 6. The sign shall meet the wind load requirements set forth in the building code. 7. The sign shall be placed in a landscaped setting of not less than one hundred twenty(120) square feet. 3. Sec. 28.03.020(f)(4)(A) 4. Sians in commercial and industrial-UC districts . 1. One(1) detached owner identification sign, and one(1) additional detached sign for each thoroughfare more than one(1)that abuts the property, shall be permitted in the NC,Neighborhood Commercial District, and OP, Office Park District for each commercial or office park establishment subject to the following conditions and restrictions: 1. The sign shall not exceed twenty-five(25) square feet in area. 2. The sign shall not exceed fifteen (15) feet in height. 3. No portion of the sign shall have flashing lights, intermittent illumination,nor shall it revolve nor rotate in any manner, except as allowed below: 1. Electronic reader board signs shall not be permitted, except as an attachment to or a part of a detached owner identification sign. 2. The message copy may change no more than once every five(5)urinates forty-five(45)seconds. 3. Message copy shall not include any flashing, flowing, alternating or blinking lights or animation. 4. . Electronic reader board signs that are part of a detached owner identification sign shall be allowed to have multiple colors. 5. As measured at the property line,the maximum light emanation from a sign shall be no greaterthan 0.2 footcandles. (iv) The sign shall not be located in any required yard. (v) The sign must meet the wind load requirements of the building code. (vi) The sign shall be placed in a landscaped setting of not less than one hundred twenty(120) square feet. 4. Sec. 28.03.020(f)(4)(C) 3. One(1) detached owner identification sign, and one(1) additional detached sign for each thoroughfare more than one(1)that abuts the prpoerty, shall be permitted per establishment,located in the NSC,£SE GC-MD, CM, LI and HI District subject to the following conditions and restrictions: 1. The sign shall not be greater than twenty(20) feet in height. The maximum height being measured from the point established by a perpendicular line connecting the crown of the roadway immediately abutting the property on which the sign is to be installed with the sign's nearest vertical support to the property line. 2. The sign shall not exceed sixty(60) square feet in area. 3. All parts of the sign shall be set back at least ten(10) feet from any property line or street right-of-way. Where a structure existing at the effective date of this section precludes locating a sign in compliance with the setback regulations,the Board of Adjustment shall be authorized to grant a variance to the setback requirement. 4. The sign shall be placed in a landscaped setting of not less than one hundred-fifty (F50)one hundred twenty(120) square feet. 5. The sign not revolve or rotate in any manner nor shall it have flashing lights or any type of intermittent illumination, except as allowed below: 1. Electronic reader board signs shall not be permitted, except as an attachment to or a part of a detached owner identification sign. 2. The message copy may change no-more-than once every terforty-five (45)seconds. 3. Message copy shall not include any flashing,flowing, alternating or blinking lights or animation. 4. . Electronic reader board signs that are part of a detached owner identification sign shall be allowed to have multiple colors. 5. As measured at the property line,the maximum light emanation from a sign shall be no greater than 0.2 footcandles. 5. Sec. 28.03.021(f)(4)(B) (B) One(1)detached owner identification monument sign shall be permitted for a multiple- family development,nonresidential or institutional building for each abutting street, subject to the following conditions and restrictions: (i) The sign shall not exceed fifty(50) square feet in area. (ii) The sign shall not exceed six (6) feet in height. (iii) The sign shall not have any flashing lights, any type of intermittent illumination or revolve in any manner, except as allowed below: a. Electronic reader board signs shall not be permitted, except as an attachment to or a part of a detached owner identification sign. b. The message copy may change no more than once every five (5)minutes7fiorty-five (45)seconds. C. Message copy shall not include any flashing, flowing, alternating or blinking lights or animation. d. Electronic reader board signs that are part of a detached owner identification sign shall be allowed to have multiple colors. e. As measured at the property line,the maximum light emanation from a sign shall be no greater than 0.2 footcandles. f. Electronic reader board signs shall not be permitted in historic district. (iv) All parts of the sign may be located at the property line. (v) The sign shall meet the wind load requirements of the building code. (vi) The sign shall be placed in a landscaped setting of not less than one hundred twenty(120) square feet. 6. Sec. 28.03.021(f)(5)(A) (5) Sisms in commercial and industrial-MD districts. Detached signs shall not be permitted in Major/Dowlen/Gladys/Hwy. 105 Overlay commercial and industrial districts except as specifically authorized in this section. 1. Single-tenant business establishment. 1. Developments with less than eighty thousand(80,000) square feet in gross building area shall be permitted one(1) detached owner identification monument sign per street frontage that abuts the property. Developments with eighty thousand(80,000) square feet of gross building area or greater or developments with six hundred(600) feet or more of street frontage shall be permitted two (2) detached owner identification signs per street frontage that abuts the property. 2. These signs shall be permitted subject to the following conditions and restrictions: 1. The sign shall not be greater than six (6) feet in height,the maximum height being measured from twenty-four(24)inches above the curb height adjacent to the property. 2. The sign shall not exceed seventy(70) square feet in area with the sign facing not to exceed sixty(60) square feet. 3. All parts of the sign may be located at the street right-of-way and shall be located a minimum of ten (10)feet from any other-property line. 4. The sign shall not revolve or rotate in any manner nor shall it have flashing lights or any type of intermittent illumination, except as allowed below: 1. Electronic reader board signs shall not be permitted, except as an attachment to or a part of a detached owner identification sign. 2. The message copy may change no more than once every five(5)nrindes forty-five (45) seconds. 3. Message copy shall not include any flashing, flowing, alternating or blinking lights or animation. 4. MessW copy sivd!be limited to one(1) color. Electronic reader board sign that are part of a detached owner identification sign shall be allowed to have multiple colors. 5. As measured at the property line,the maximum light emanation from a sign shall be no greater than 0.2 footcandles. 5. The sign shall meet the wind load requirements of the building code. 6. The sign shall be placed in a landscaped setting of not less than one hundred twenty(120) square feet. 7. Sec. 28.03.021(f)(5)(B) (B) Multi-tenant business develornnent. (i) Developments with less than eighty(80,000) square feet in gross building area shall be permitted one(1) detached owner identification monument sign for each street frontage that abuts the property. Developments with eighty thousand(80,000) square feet of gross building area or greater or developments with six hundred (600) feet or more of street frontage shall be permitted two (2) detached owner identification signs per street frontage that abuts the property. (ii) These signs shall-be permitted subject to the following conditions and restrictions: (a) The sign shall not be greater than twenty(20) feet in height, the maximum height being measured from twenty-four(24) inches above the curb adjacent to the property. (b) The sign shall not exceed two hundred forty(240) square feet in area with the sign facing not to exceed two hundred (200) square feet. (c) All parts of the sign may be located at the street right-of- way and must be located a minimum of ten(10) feet from any other property line. (d) The sign shall not revolve or rotate in any manner nor shall it have flashing lights or any type of intermittent illumination, except as allowed below: 1. Electronic reader board signs shall not be permitted, except as an attachment to or a part of a detached owner identification sign. 2. No more than sixty(60) square feet shall be dedicated to electric changeable copy. 3. The message copy may change no more than once every firoti (5)minates forty-five (45)seconds. 4. Message copy shall not include any flashing, flowing, alternating or blinking lights or animation. 5. . Electronic reader board signs that are part of a detached -- owner identification sign shall be allowed to have multiple colors. 6. As measured at the property line,the maximum light emanation from a sign shall be no greater than 0.2 footcandles. (e) The sign shall meet the wind load requirements of the building code. (f) The sign shall be placed in a landscaped setting of not less than one hundred twenty(120) square feet. 8. sec. 28.03.021(f)(5)(c) 3. Gasoline retailers owner identification/pricing board signs. One(1) detached owner identification/pricing board sign for each street frontage that abuts the property shall be permitted subject to the following conditions and restrictions: 1. Dowlen Road.Hwy. 105 and Major Drive. 1. The sign shall not be greater than fifteen(15) feet in height, the maximum height being measured from twenty-four(24) inches above the curb height adjacent to the property. 2. The sign shall not exceed one hundred(100) square feet in area with the sign facing not to exceed eighty-five(85) square feet. 3. All parts of the sign may be located at the street right-of- way and must be located a minimum of ten(10) feet from any other property line. 4. The sign shall not revolve or rotate in any manner nor shall it have flashing lights or any type of intermittent illumination, except as allowed below: 1. Electronic reader board signs shall not be permitted, except as an attachment to or a part of a detached owner identification sign. 2. No more than sixty(60) square feet shall be dedicated to electric changeable copy. 3. The message copy may change no more than once every fivc-(5)min forty-five (45)seconds. 4. Message copy shall not include any flashing, flowing, alternating or blinking lights or animation. 5. . Electronic reader board signs that are part of a detached owner identification sign shall be allowed to have multiple colors. 6. As measured at the property line,the maximum light emanation from a sign shall be no greater than 0.2 footcandles. 5. The sign shall meet the wind load requirements of the building code. 6. The sign shall be placed in a landscaped setting of not less than one hundred twenty(120) square feet. 2. All other streets in the MD Sign Overlay District. 1. The sign shall not be greater than six (6) feet in height,the maximum height being measured from twenty-four(24) inches above the curb height adjacent to the property. 2. The sign shall not exceed seventy(70) square feet in area with the sign facing not to exceed sixty(60) square feet. 3. All parts of the sign may be located at the street right-of- way and shall be located a minimum of ten(10) feet from any other property line. 4. The sign shall not revolve or rotate in any manner nor shall it have flashing lights or any type of intermittent illumination, except as allowed below: 1. Electronic reader board signs shall not be permitted, except as an attachment to or a part of a detached owner identification sign. 2. The message copy may change no more than once - every five(5)mimxtes forty five (45)seconds. 3. Message copy shall not include any flashing, flowing, alternating or blinking lights or animation. 4. . Electronic reader board signs that are part of a detached owner identification sign shall be allowed to have multiple colors. 5. As measured at the property line,the maximum light emanation from a sign shall be no greater than 0.2 footcandles. 5. The sign shall meet the wind load requirements of the building code. 6. The sign shall be placed in a landscaped setting of not less than one hundred twenty(120) square feet. 9. Sec. 28.03.024(b)(1) Adding an asterisk on the interior side yard building setback requirement in the RCR-H District in the Area/Height Table. This asterisk refers to a 7.5 foot minimum side yard shall be required for buildings with two or more stories. This change will make the RCR-H Districts conform to the requirements for the RS, RM-M, RM-H and RCR Districts. AREA AND HEIGHT REGULATIONS 1. RESIDENTIAL DISTRICTS Zoning Districts Lot Area Minimum Lot Width Lot Depth Yards,Minimum(feet) Height (square feet) Minimum Minimum Maximum (feet)5t (feet)5t (feet)3t 7t Per Lot Per Front Rear Side Dwelling St 13t t*14t 5t 6t Unit Interior* Exterior(comer lot) 4t 11t bacldng up backing up to an to an abutting abutting side rear Yard yard A-R Agricultural- 43,560 43,560 200 200 25 25 25 25 25 35 Residential RS Single-Family 5,000 5,000 50 100 25 25 5* 15 10 35 Dwelling RM-M Medium 5,000 2,450 50 100 25 20 5* 15 10 35 Density Multiple- Family Dwelling RM-H Highest 5,000 1,500 50 100 25 25 5* 15 10 45 Density Multiple- Family Dwelling RCR Residential 5,000 1,500 50 100 25 25 5* 15 10 45 Conservation and Revitalization RCR-H 5,000 1,500 50 100 25 25 5* 15 10 45 *A 7.5-foot minimum yard shall be required for buildings with two or more stories. t These numbers refer to exceptions enumerated in subsection 0.03.024(c). 10. Sec. 28.04.008(b)(3) 3. Swimming_pool . Exception for private recreation facilities under subsection(8)below: 1. If located in any residential zoning district,the pool shall be intended and used solely for the enjoyment of the occupants of the principal use of the property on which it is located and their guests. 2. A pool may be located anywhere on a premises except in the required front yard,provided that the pool and pump and-frltcr installations shall not be located closer than five (5) feet to any property line of the property on which located. 3. The swimming pool shall be enclosed by a wall or fence six(6) feet in height with locking gates. At a Joint Public Hearing held June 18,2012,the Planning Commission recommended approval 7:0 of amendments to the Zoning Ordinance, Sec. 28.03.020 (f)(3)(B), Sec. 28.03.020 (f)(3)(D), Sec. 28.03.020 (f)(4)(A), Sec. 8.03.020 (f)(4)(C), Sec. 28.03.021 (f)(4)(B), Sec. 28.03.021 (f)(5)(A), Sec. 28.03.021 (f)(5)(B), Sec. 28.03.021 (f)(5)(C), Sec. 28.03.024 (b)(1)and Sec. 28.04.008-(b)(3). FUNDING SOURCE Not applicable. RECOMMENDATION Approval of ordinance. ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING CHAPTER 28, SECTIONS 28.03.020(f)(3)(B),28.03.020(f)(3)(D),28.03.020(f)(4)(A),28.03.020(f)(4)(C), 28.03.021(f)(4)(B),28.03.021(f)(5)(A),28.03.021(f)(5)(B),28.03.021 (0(5)(C), 28.03.024(b)(1)and 28.04.008(b)(3)OF THE CODE OF ORDINANCES OF BEAUMONT, TEXAS, TO MAKE CORRECTIONS AND ADDITIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL; AND PROVIDING A PENALTY. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. THAT Chapter 28, Section 28.03.020(f)(3)(B), of the Code of Ordinances be and the same is hereby amended to read as follows: Sec. 28.03.020 UC, Urban Corridor Overlay District regulations (B) One (1) detached owner identification sign shall be permitted for a multiple-family development,nonresidential,or institutional building for each abutting street subject to the following conditions and restrictions: (i) The sign shall not exceed twenty (20) square feet in area. (ii) The sign shall not exceed five (5) feet in height. (iii) Except for electronic reader board signs, no sign shall be lighted except by reflective floodlight type illumination. There shall not be any flashing lights or any type of intermittent illumination, except as allowed below: (a) Electronic reader board signs shall not be permitted, except as an attachment to or a part of a detached owner identification sign. (b) The message copy may change no more than once every forty-five (45) seconds. (c) Message copy shall not include any flashing, flowing, alternating or blinking lights or animation. (d) Electronic reader board signs that are part of a detached owner identification sign shall be allowed to have multiple colors. (e) As measured at the property line, the maximum light emanation from a sign shall not be no greater than 0.2 footcandles. (f) Electronic reader board signs shall not be permitted in an historic district. (iv) All parts of the sign shall be located a minimum of twenty-five (25) feet from the property line. (v) The sign shall meet the wind load requirements of the building code. (vi) The sign shall be placed in a landscaped setting of not less than one hundred twenty (120) square feet. Section 2. THAT Chapter 28, Section 28.03.020(f)(3)(D), of the Code of Ordinances be and the same is hereby amended to read as follows: Sec. 28.03.020 UC, Urban Corridor Overlay District regulations (D) One(1)detached owner identification sign shall be permitted for each commercial use with a specific use permit in the RCR, Residential Conservation and Revitalization District, subject to the following conditions and restrictions: (i) The sign is included in the site plan approved in the specific use permit. (ii) The sign shall not exceed twenty-five (25) square feet in area. (iii) The sign shall not exceed fifteen (15) feet in height. (iv) The sign shall not have any flashing lights, intermittent illumination nor revolve nor rotate in any manner, except as allowed below: a. Electronic reader board signs shall not be permitted, except as an attachment to or a part of a detached identification sign. b. The message copy may change no more than once every forty-five (45) seconds. C. Message copy shall not include any flashing, flowing, alternating or blinking lights or animation. d. Electronic reader board signs that are part of a detached identification sign shall be allowed to have multiple colors. e. As measured at the property line, the maximum light emanation from a sign shall be no greater than 0.2 footcandles. f. Electronic reader board signs shall not be permitted in a historic district. (v) All parts of the sign shall be set back at least fifteen (15) feet from any property line. (vi) The sign shall meet the wind load requirements set forth in the building code. (vii) The sign shall be placed in a landscaped setting of not less than one hundred twenty (120) square feet. Section 3. THAT Chapter 28, Section 28.03.020(f)(4)(A), of the Code of Ordinances be and the same is hereby amended to read as follows: Sec. 28.03.020 UC, Urban Corridor Overlay District regulations (4) Signs in commercial and industrial-UC districts. (A) One (1) detached owner identification sign, and one (1) additional detached sign for each thoroughfare more than one(1)that abuts the property, shall be permitted in the NC, Neighborhood Commercial District, and OP,Office Park District for each commercial or office park establishment subject to the following conditions and restrictions: (i) The sign shall not exceed twenty-five (25) square feet in area. (ii) The sign shall not exceed fifteen (15) feet in height. (iii) No portion of the sign shall have flashing lights, intermittent illumination, nor shall it revolve nor rotate in any manner, except as allowed below: a. Electronic reader board signs shall not be permitted, except as an attachment to or a part of a detached owner identification sign. b. The message copy may change no more than once every forty-five (45) seconds. C. Message copy shall not include any flashing, flowing, alternating or blinking lights or animation. d. Electronic reader board signs that are part of a detached owner identification sign shall be allowed to have multiple colors. e. As measured at the property line, the maximum light emanation from a sign shall be no greater than 0.2 footcandles. (iv) The sign shall not be located in any required yard. (v) The sign must meet the wind load requirements of the building code. (vi) The sign shall be placed in a landscaped setting of not less than one hundred twenty (120) square feet. Section 4. THAT Chapter 28, Section 28.03.020(f)(4)(C),of the Code of Ordinances be and the same is hereby amended to read as follows: Sec. 28.03.020 UC, Urban Corridor Overlay District regulations (4) Signs in commercial and industriaWC districts. (C) One (1) detached owner Identificatlon sign, and one (1) additional detached sign for each thoroughfare more than one(1)that abuts the property, shall be permitted per establishment, located in the NSC, GC-MD, CM, LI and Hl Districts subject to the following conditions and restrictions: (i) The sign shall not be greater than twenty (20) feet in height. The maximum height being measured from the point established by a perpendicular line connecting the crown of the roadway immediately abutting the property on which the sign is to be installed with the sign's nearest vertical support to the property line. (ii) The sign shall not exceed.sixty(60)square feet in area. (iii) All parts of the sign shall be set back at least ten (10) feet from any property line or street right-of-way. Where a structure existing at the effective date of this section precludes locating a sign in compliance with the setback regulations, the Board of Adjustment shall be authorized to grant a variance to the setback requirement. (iv) The sign shall be placed in a landscaped setting of not less than one hundred twenty (120) square feet. (v) The sign not revolve or rotate in any manner nor shall it have flashing lights or any type of intermittent illumination, except as allowed below: (a) Electronic reader board signs shall not be permitted, except as an attachment to or a part of a detached owner identification sign. (b) The message copy may change no more than once every forty-five (45) seconds. (c) Message copy shall not include any flashing, flowing, alternating or blinking lights or animation. (d) Electronic reader board signs that are part of a detached owner identification sign shall be allowed to have multiple colors. (e) As measured at the property line, the maximum light emanation from a sign shall be no greater than 0.2 footcandles. Section 5. THAT Chapter 28, Section 28.03.021(f)(4)(B),of the Code of Ordinances be and the same is hereby amended to read as follows: Sec. 28.03.021 Major/Dowlen/Gladys/Hwy. 105 Sign Overlay District regulations (B) One (1) detached owner identification monument sign shall be permitted for a multiple- family development, nonresidential or institutional building for each abutting street, subject to the following conditions and restrictions: (i) The sign shall not exceed fifty (50) square feet in area. (ii) The sign shall not exceed six (6) feet in height. (iii) The sign shall not have any flashing lights, any type of intermittent illumination or revolve in any manner, except as allowed below: (a) Electronic reader board signs shall not be permitted, except as an attachment to or a part of a detached owner identification sign. (b) The message copy may change no more than once every forty-five (45) seconds. (c) Message copy shall not include any flashing, flowing, alternating or blinking lights or animation. (d) Electronic reader board signs that are part of a detached owner identification sign shall be allowed to have multiple colors. (e) As measured at the property line, the maximum light emanation from a sign shall be no greater than 0.2 footcandles. (f) Electronic reader board signs shall not be permitted in historic district. (iv) All parts of the sign may be located at the property line. (v) The sign shall meet the wind load requirements of the building code. (vi) The sign shall be placed in a landscaped setting of not less than one hundred twenty (120) square feet. Section 6. THAT Chapter 28, Section 28.03.021(f)(5)(A),of the Code of Ordinances be and the same is hereby amended to read as follows: Sec. 28.03.021 Major/Dowlen/Gladys/Hwy. 105 Sign Overlay District regulations (A) Single-tenant business establishment. (i) Developments with less than eighty thousand (80,000)square feet in gross building area shall be permitted one(1)detached owner identification monument sign per street frontage that abuts the property. Developments with eighty thousand(80,000)square feet of gross building area or greater or developments with six hundred(600) feet or more of street frontage shall be permitted two (2) detached owner identification signs per street frontage that abuts the property. (ii) These signs shall be permitted subject to the following conditions and restrictions: a. The sign shall not be greater than six (6)feet in height, the maximum height being measured from twenty-four (24) inches above the curb height adjacent to the property. b. The sign shall not exceed seventy (70) square feet in area with the sign facing not to exceed sixty (60) square feet. C. All parts of the sign may be located at the street right-of- way and shall be located a minimum of ten (10)feet from any other property line. d. The sign shall not revolve or rotate in any manner nor shall it have flashing lights or any type of intermittent illumination, except as allowed below: 1. Electronic reader board signs shall not be permitted, except as an attachment to or a part of a detached owner identification sign. 2. The message copy may change no more than once every forty-five (45) seconds. 3. Message copy shall not include any flashing, flowing, alternating or blinking lights or animation. 4. Electronic reader board sign that are part of a detached owner identification sign shall be allowed to have multiple colors. 5. As measured at the property line, the maximum light emanation from a sign shall be no greater than 0.2 footcandles. e. The sign shall meet the wind load requirements of the building code. f. The sign shall be placed in a landscaped setting of not less than one hundred twenty (120) square feet. Section 7. THAT Chapter 28, Section 28.03.021(f)(5)(B), of the Code of Ordinances be and the same is hereby amended to read as follows: Sec. 28.03.021 Major/Dowlen/Gladys/Hwy. 105 Sign Overlay District regulations (B) Multi-tenant business development. (i) Developments with less than eighty (80,000) square feet in gross building area shall be permitted one (1) detached owner identification monument sign for each street frontage that abuts the property. Developments with eighty thousand(80,000)square feet of gross building area or greater or developments with six hundred(600) feet or more of street frontage shall be permitted two (2) detached owner identification signs per street frontage that abuts the property. (ii) These signs shall be permitted subject to the following conditions and restrictions: a. The sign shall not be greater than twenty (20) feet in height, the maximum height being measured from twenty-four (24) inches above the curb adjacent to the property. b. The sign shall not exceed two hundred forty (240) square feet in area with the sign facing not to exceed two hundred (200) square feet. C. All parts of the sign may be located at the street right-of- way and must be located a minimum of ten (10)feet from any other property line. d. The sign shall not revolve or rotate in any manner nor shah it have flashing lights or any type of intermittent illumination, except as allowed below: 1. Electronic reader board signs shall not be permitted, except as an attachment to or a part of a detached owner identification sign. 2. No more than sixty (60) square feet shall be dedicated to electric changeable copy. 3. The message copy may change no more than once every forty-five (45) seconds. 4. Message copy shall not include any flashing, flowing, alternating or blinking lights or animation. 5. Electronic reader board signs that are part of a detached owner identification sign shall be allowed to have multiple colors. 6. As measured at the property line, the maximum light emanation from a sign shall be no greater than 0.2 footcandles. (e) The sign shall meet the wind load requirements of the building code. (f) The sign shall be placed in a landscaped setting of not less than one hundred twenty (120) square feet. Section 8. THAT Chapter 28, Section 28.03.021(f)(5)(C), of the Code of Ordinances be and the same is hereby amended to read as follows: Sec. 28.03.021 Major/Dowlen/Gladys/Hwy. 105 Sign Overlay District regulations (5) Signs in commercial and industrial-MD districts. Detached signs shall not be permitted in Major/Dowlen/Gladys/Hwy. 105 Overlay commercial and industrial districts except as specifically authorized in this section. (C) Gasoline retailers owner identification/priccina board sins. One (1) detached owner identification/pricing board sign for each street frontage that abuts the property shall be permitted subject to the following conditions and restrictions: (i) Dowlen Road, Hwy. 105 and Major Drive. a. The sign shall not be greater than fifteen (15) feet in height, the maximum height being measured from twenty-four (24) inches above the curb height adjacent to the property. b. The sign shall not exceed one hundred (100) square feet in area with the sign facing not to exceed eighty-five (85) square feet. C. All parts of the sign may be located at the street right-of-way and must be located a minimum of ten (10) feet from any other property line. d. The sign shall not revolve or rotate in any manner nor shall it have flashing lights or any type of intermittent illumination, except as allowed below: 1. Electronic reader board signs shall not be permitted, except as an attachment to or a part of a detached owner identification sign. 2. No more than sixty (60) square feet shall be dedicated to electric changeable copy. 3. The message copy may change no more than once every forty-five (45) seconds. 4. Message copy shall not include any flashing, flowing, alternating or blinking lights or animation. 5. Electronic reader board signs that are part of a detached owner identification sign shall be allowed to have multiple colors. 6. As measured at the property line, the maximum light emanation from a sign shall be no greater than 0.2 footcandles. e. The sign shall meet the wind load requirements of the building code. f. The sign shall be placed in a landscaped setting of not less than one hundred twenty (120) square feet. ii. All other streets in the MD Sign Overlay District. a. The sign shall not be greater than six (6) feet in height, the maximum height being measured from twenty-four(24) inches above the curb height adjacent to the property. b. The sign shall not exceed seventy (70) square feet in area with the sign facing not to exceed sixty(60) square feet. C. All parts of the sign may be located at the street right-of-way and shall be located a minimum of ten (10) feet from any other property line. d. The sign shall not revolve or rotate in any manner nor shall it have flashing lights or any type of intermittent illumination, except as allowed below: 1. Electronic reader board signs shall not be permitted, except as an attachment to or a part of a detached owner identification sign. 2. The message copy may change no more than once every forty-five (45) seconds. 3. Message copy shall not include any flashing, flowing, alternating or blinking lights or animation. 4. Electronic reader board signs that are part of a detached owner identification sign shall be allowed to have multiple colors. 5. As measured at the property line, the maximum light emanation from a sign shall be no greater than 0.2 footcandles. e. The sign shall meet the wind load requirements of the building code. f. The sign shall be placed in a landscaped setting of not less than one hundred twenty (120) square feet. Section 9. THAT Chapter 28, Section 28.03.024(b)1, Area and Height Regulations, Residential Districts, of the Code of Ordinances be and the same is hereby amended by adding an asterisk (*) on the interior side yard building setback requirement in the RCR-H District, said asterisk denoting the requirement of a 7.5 foot minimum yard for buildings with two or more stories, as shown in Exhibit "A" attached hereto. Section 10. THAT Chapter 28, Section 28.04.008(b)(3), of the Code of Ordinances be and the same is hereby amended to read as follows: Sec. 28.04.008 Special conditions (b) Spgcial conditions by use (3) Swimming pool . Exception for private recreation facilities under subsection (8) below: (A) If located in any residential zoning district,the pool shall be intended and used solely for the enjoyment of the occupants of the principal use of the property on which it is located and their guests. (B) A pool may be located anywhere on a premises except in the required front yard, provided that the pool shall not be located closer than five (5) feet to any property line of the property on which located. (C) The swimming pool shall be enclosed by a wall or fence six (6) feet in height with locking gates. Section 11. 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 12. That all ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only. Section 13. 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 26'day of June, 2012. - Mayor Becky Ames - AREA AND HEIGHT REGULATIONS 1. RESIDENTIAL DISTRICTS Zoning Districts Lot Area Minimum Lot Width Lot Depth Yards,Minimum(feet) Height (square feet) Minimum Minimum Maximum (feet)St (feet)5t (feet)3t 7t Per Lot Per Front Rear Side Dwelling lit 13t t*14t 5t 6t Unit Interior* Exterior(corner lot) 4t lit backing up backing up to an to an abutting abutting side rear yard yard A-R Agricultural- 43,560 43,560 200 200 25 25 25 25 25 35 Residential RS Single-Family 5,000 5,000 50 100 25 25 5* 15 10 35 Dwelling RM-M Medium 5,000 2,450 50 100 25 20 5* 15 10 35 Density Multiple- Family Dwelling RM-H Highest 5,000 1,500 50 100 25 25 5* 15 10 45 Density Multiple- Family Dwelling RCR Residential 5,000 1,500 50 100 25 25 5* 15 10 45 Conservation and Revitalization RCR-H 5,000 1,500 50 100 25 25 In 115 10 45 *A 7.5-foot minimum yard shall be required for buildings with two or more stories. t These numbers refer to exceptions enumerated in subsection 28.03.024(c). EXHIBIT "A" 4 June 26,2012 Consider an ordinance approving a request for a specific use permit to allow an employment agency in an NC (Neighborhood Commercial)District at 3340 Harrison Avenue RICH WITH OPPORTUNITY BEA1U"M'0`-`N* z • E • x A s City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager C5 PREPARED BY: Chris Boone, Community Development Director MEETING DATE: June 26, 2012 REQUESTED ACTION: Council consider an ordinance approving a request for a specific use permit to allow an employment agency in an NC (Neighborhood Commercial)District at 3390 Harrison Avenue. BACKGROUND Grant Fowler,representing LC Personnel, Inc.,has applied for a specific use permit. Mr. Fowler states that the full-service temporary staffing company provides employees with a wide variety of skills to their client companies. At any given time,LC Personnel temporary employees are working on plant maintenance and shutdowns,manufacturing,hospitality, officelclerical, construction and many other industries. The Beaumont branch office will be located in an existing building and will be operated by two full-time employees, a Branch Manager and an Office Manager. They will be responsible for sales and marketing,recruiting, screening,hiring and dispatching employees,payroll, collections and other administrative activities. At a Joint Public Hearing held June 18,2012,the Planning Commission recommended approval 7:0 of a specific use permit to allow an employment agency in an NC (Neighborhood Commercial)District at 3390 Harrison Avenue. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of ordinance. ORDINANCE NO. ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW AN EMPLOYMENT AGENCY IN AN NC (NEIGHBORHOOD COMMERCIAL) DISTRICT AT 3390 HARRISON AVENUE IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS, LC Personnel, Inc., has applied for a speck use permit to allow an employment agency in an NC (Neighborhood Commercial) District at 3390 Harrison Avenue, being Tract 235 out of Tract 225, Plat D-16,A.Williams Survey, City of Beaumont, Jefferson County, Texas, containing 0.52 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 an employment agency in an NC (Neighborhood Commercial) District at 3390 Harrison Avenue; and, WHEREAS,the City Council is of the opinion that the issuance of such speck use permit is in the best interest of the City of Beaumont and its citizens; 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 resolution are hereby, in all things, approved and adopted; and, Section 1. That a specific use permit to allow an employment agency in an NC (Neighborhood Commercial)District at 3390 Harrison Avenue, being Tract 235 out of Tract 225, Plat'D-16, A. Williams Survey, City of Beaumont, Jefferson County, Texas, containing 0.52 acres, more or less, as shown on Exhibit"A"attached hereto, is hereby granted to LC Personnel, Inc., its legal representatives, successors and assigns, as shown on Exhibit"B,"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," 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 26th day of June, 2012. - Mayor Becky Ames - - : Request for a specific use permit to allow an employment agency in an NC N (Neighborhood Commercial) District. Location: 3390 Harrison Avenue Applicant: LC Personnel, Inc. 0 100 200 L I Feet Legend _ ® 2133P .a • o Z GC-MD o GC-MD R-S mr M o �o � N M 0 Z c o 2 z HARRISON AVE Ili 1oNUPAS GC-MD _ R-S EXHIBIT "A" i 1t , Z I^` I� LONGFELLOW ORl VE :1 teaeo,i4:aw) SCALE f°= 40' f °. 11f Op 7'92" kV 15 70' N 00*57*t2" W 56.72' t&o9' DUAIP57M 73ftgft. PARKING SUMMARY oe. •sv vx 2y 5' i7�0 Ay 2OASO.f7 W'� LV L. .-a' avm SOAP AREA 22 MrAL,%-A=RED#MV .23 SWC=POWO 3 Fa tuRrC tr1 l ��� AN _ f7L�u6�.0�►►�CM r 2 ADA 5P°AGa PROWOEa 400 50.FT W s + t0' , S 01*15500" E 57.36' �avwc Nc pGl{µ7tUAf j INTE'RSTA M 10 to s+�x° a LOT 7H 73fC. LOT Aff'iM fooft. 10' T AAA"srm* C 78'ASS SSA f' �{,�(XAK'%7$W fASUTVW AOARVWLWX4L D/S7WO .IS"diN[ h�7G[fF . X312 ACI?ES,T H.LENS E�lIX h�t7:161 ENGUV BUR .INC. C1.�'ws RW 0 200SON301 6P TWJ N zsas ca m s r a SCAU T,tuns 7r792 CONNA�� i t{tlRT $-41{tl M P/JY Q4C93.8W=3484 caffy, 7vas I 5 June 26,2012 Consider an ordinance approving a request for a specific use permit to allow the filling of oxygen tanks in an LI (Light Industrial)District at 2155 Interstate 10 East RICH WITH OPPORTUNITY T • E BEA ,MON' * • A s City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Chris Boone, Community Development Director MEETING DATE: June 26,2012 REQUESTED ACTION: Council consider an ordinance approving a request for a specific use permit to allow the filling of oxygen tanks in an LI (Light Industrial) District at 2155 Interstate 10 East. BACKGROUND J. C. Mazoch,representing Coastal Welding Supply,has applied for a specific use permit. Mr. Mazoch states that Coastal Welding Supply's Phase I activities include relocating its administrative offices as well as some of its welding supply inventory consisting of welding electrodes and wire and miscellaneous industrial supply items. In addition, the company will be relocating and expanding their inert cylinder gas filling to the new location. Phase H will include the filling of oxygen tanks at the IH-10 facility. At a Joint Public Hearing held June 18, 2012,the Planning Commission recommended approval 7:0 of a specific use permit to allow the filling of oxygen tanks in an LI(Light Industrial)District at 2155 Interstate 10 East. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of ordinance. ORDINANCE NO. ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW THE FILLING OF OXYGEN TANKS IN AN LI(LIGHT INDUSTRIAL) DISTRICT AT 2155 INTERSTATE 10 EAST IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS, Coastal Welding Supply has applied for a specific use permit to allow the filling of oxygen tanks in an Ll (Light Industrial)District at 2155 Interstate 10 East, being Tracts 196 and 199, Plat D-12, A. Williams Survey, City of Beaumont, Jefferson County, Texas, containing 3.04 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 the filling of oxygen tanks in an LI (Light Industrial) District at 2155 Interstate 10 East; and, WHEREAS,the City Council is of the opinion that the issuance of such specific use permit is in the best interest of the City of Beaumont and its citizens; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, Section 1. That a specific use permit to allow the filling of oxygen tanks in an LI (Light Industrial) District at 2155 Interstate 10 East, being Tracts 196 and 199, Plat D-12, A. Williams Survey, City of Beaumont, Jefferson County,Texas, containing 3.04 acres, more or less, as shown on Exhibit "A" attached hereto, is hereby granted to Coastal Welding Supply, its legal representatives, successors and assigns, as shown on Exhibit "B," 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," 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 June, 2012. - Mayor Becky Ames - - : Request for a specific use permit to allow filling of oxygen tanks in an LI N fight Industrial)District. Location: 2155 Interstate 10 East pphcant: Coastal Welding Supply,Inc. 0 100 200 1 _J Feet U Legend ® 2134P C-MD GD-SID. LI U INTERSTATE 10 E w 10 E IH10E U D U T U U GLADYS AVE I R- CA EXHIBIT "A" a N-- hat ; JfZ'- 910Rti 1f YYIC y silk t Plitt L ' 1 f , ! 1 j IcYi 9 I Yti t,qq all 6 tI '•` POO kv �t t >" �,9•I i,� i g l i t •y i i '� raioi x � a ,•• EXHIBIT "B" 6 June 26,2012 Consider an ordinance approving a request for an HC-L (Historic Cultural-Landmark Preservation)Designation for the house at 470 Jackson II RICH WITH OPPORTUNITY BEA,,UM,,ON* T . R • A 0 A . S City Coun t Agenda Item TO: City Council - FROM: Kyle Hayes, City Manager PREPARED BY: Chris Boone, Community Development Director MEETING DATE: June 26, 2012 REQUESTED ACTION: Council consider an ordinance approving a request for an HC-L ffistoric Cultural-Landmark Preservation) Designation for the house at 470 Jackson. BACKGROUND Demet is Standberry,the daughter of the owner of the property, has applied for an HC-L (Historic Cuhural-Lmdmark)Designation. Ms. Standberry states that the house was built more than 100 years ago. In 1878,the properly was sold to the Beaumont Lumber Company. As early as 1900, J.D. Kilgore used the house as his family residence and a grocery store. In 1915, Mr. Kilgore purchased the properly. As the community prospered, so did the grocery store. Eventually the store was relocated to Irving Street where it continued to serve the community. After several changes in ownership, the property was sold in 1966 to Ms. Standberry's grandparents,Mr. and Mrs. H. Standberry. The house served as both the Standberry's residence and Mr. Sty's shoe repair shop. Eventually the shoe repair shop was moved next door. Mrs. Standberry also ran a small seamstress business from the house. Mr. Standberry passed his trade on to the next generation. Currently,the second generation owns and operates a shoe repair shop and barber shop located on Washington. While the house was damaged by Hurricane Rita, it has not had any significant changes to its design since it was originally built. The house is an excellent example of working class housing built during the early growth period of Beaumont. On June 11,2012,the Historic Landmark Commission recommended approval 9:0 of the HC-L Designation. At a Joint Public Hearing held June 18, 2012,the Planning Commission recommended approval 7:0 of an HC-L(Historic Cultural-Landmark Preservation)Designation for the house at 470 Jackson subject to the following condition: 1. If the house is ever demolished,the HC-L Designation will be removed by the City of Beaumont. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of ordinance subject to the following condition: 1. If the house is ever demolished,the HC-L Designation will be removed by the City of Beaumont. I 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 ESTABLISHING AN HC-L (HISTORICAL-CULTURAL LANDMARK PRESERVATION)DESIGNATION FOR THE HOUSE LOCATED AT 470 JACKSON, BEAUMONT, JEFFERSON COUNTY, TEXAS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That Chapter 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 establishing an HC-L (Historical-Cultural Landmark Preservation) Designation for property located at 470 Jackson, Ding Plat J, Tract 5, D. Brown Survey, City of Beaumont, Jefferson County, Texas, containing 0.16 acres, more or less, as shown on Exhibit"A" attached hereto and made a part hereof for all purposes, and the official zoning map of the City of Beaumont is hereby amended to reflect such changes, subject to the following condition: • If the house is ever demolished,the HC-L designation will be removed by the City of Beaumont. Section 2. That, in all other respects, the use of the property herein above described shall be subject to all of the applicable regulations contained in Chapter 28 of the Code of Ordinances of Beaumont, Texas, as amended. it 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 26th day of June, 2012. - Mayor Becky Ames - Fi1e55-H Request for an HC-L(Historic-Cultural Landmark Preservation)Designation. N Location: 470 Jackson Applicant: Demetria Standberry 0 100 200 1 , 1 1 Feet RCR (� Legend SHAMROCK ST 55HC - Z RC R RC R R RM-H iiiijillillillillllllIIIIIIIIIIIIIIIIIII jACKSON 'r cni O A Z a CO MH N RM-H RM- C 0 CO R -H _ - RM-H SCHWARNER ST I RM,-H RM-H R -H LI *Approval subject to the following condition: 1. If the house is ever demolished,the HC-L Designation will be removed by the City of Beaumont. EXHIBIT "A" 7 June 26,2012 Consider an ordinance approving the abandonment of a Y wide portion of an easement at 6835 Lexington RICH WITH OPPORTUNITY I N 0,EAU9,0 ' * T E o g A S City Council A ends. Item TO: City Council FROM: Kyle Hayes, City Manager GS13 PREPARED BY: Chris Boone, Community Development Director MEETING DATE: June 26, 2012 REQUESTED ACTION: Council consider an ordinance approving the abandonment of a T wide portion of an easement at 6835 Lexington. BACKGROUND Richard Riggs has applied-for-the abandonment. The abandonment-is-for the north T of-a 20' wide utility easement across the south end of the subject property. Mr. Riggs states that the purpose of the abandonment is to allow the construction of an addition onto the rear of his house. This item was sent to all interested parties. No negative responses have been received. At a Regular Meeting held June 18, 2012,the Planning Commission recommended approval 7:0 of the abandonment. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of ordinance. ORDINANCE NO. ENTITLED AN ORDINANCE VACATING AND ABANDONING A T WIDE PORTION OF AN EASEMENT LOCATED AT 6835 LEXINGTON, BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS, Richard Riggs has applied for the abandonment of a T wide portion of an easement located at 6835 Lexington,City of Beaumont,Jefferson County,Texas,being the northerly 3'x 45' section of a 20'wide utility easement running along the south end of Lot 17, Bramblewood Addition, City of Beaumont, Jefferson County, Texas, containing 0.003 acres, more or less, as shown, on Exhibit "A" attached hereto; and, WHEREAS,the City Council has considered the purpose of said abandonment and is of the opinion that the easement is no longer necessary for municipal utility purposes and the abandonment of said easement is in the best interest of the City and should be granted; 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 resolution are hereby, in all things, approved and adopted; and, THAT a 3' wide portion of an easement located at 6835 Lexington, being the northerly 3' x 45' section of a 20'wide utility easement running along the south end of Lot 17, Bramblewood Addition, City of Beaumont, Jefferson County, Texas, containing 0.003 acres, more or less, as shown on Exhibit"A" attached hereto, be and the same is hereby vacated and abandoned and that title to such property shall revert to and become the property of the persons entitled thereto by law. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 26th day of June, 2012. - Mayor Becky Ames - File : Request to abandon a 3' wide portion of an easement. N Location: 6835 Lexington pplicant: Richard Riggs 0 50 100 L Feet Legend ® 8090B O� coo ti C, R-S RM-H EXHIBIT NA" 8 June 26,2012 Consider an ordinance approving the abandonment of a 1.8'x 55.4'portion of a 20'wide utility easement at 7310 Highway 105 RICH WITH OPPORTUNITY -N,u N BEAU T - E • X o A o S City Council A ender Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Chris Boone, Community Development Director MEETING DATE: June 26, 2012 REQUESTED ACTION: Council consider an ordinance approving the abandonment of a 1.8'x 55.4'portion of a 20'wide utility easement at 7310 Highway 105. BACKGROUND Linh Berryhill has applied for the abandonment. In May, 2008, Ms. Berryhill requested the abandonment of a 1.8'x 55.4'portion of a 20'wide utility easement adjacent to Highway 105. The Berryhills constructed a martial arts studio on the subject property. Prior to construction of the 55'x 90'metal building,they hired an engineer to perform site engineering and preliminary layout of the building. Somehow, layout stakes were accidently knocked over or removed and replaced incorrectly prior to initial setup. The building was setup, formed and concrete poured using these incorrect stakes. A subsequent slab survey indicated the aforementioned encroachment into the easement. In addition to encroaching into the easement,the building also encroaches 1.8'into the 20' front yard building setback. On May 1, 2008,the Board of Adjustment granted a variance to the front yard building setback. This item was sent to all interested parties. Entergy originally objected to the requested abandonment. Because of that objection,the Planning Commission tabled action on this item. Since that time, Entergy has re-evaluated its objection and has now withdrawn it. Entergy no longer has an issue with the abandonment. At a Regular Meeting held June 18, 2012,the Planning Commission recommended approval 7:0 to abandon the easement. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of ordinance. t C4 �p eo f 09 � W CID ONO 9'S,4 �kf ` r is e Y r -SE- \ �vio A41 :: — -- ——— zo UTILITr EAMENT TV w PEDESTAL ° — 7$ot AwN4 1 89":V42 W 104.11 ROUND S/8" (CALLED S 80,1WA.5' W 100.15) FOUND 1� � IRON ROD IRON RO 2 HWY 105 O:\surver.\07944\07944-125\944M25.dwg Apr 01. 2008 11;5&o- SHEET NO. 1408 CORNERSTONE COURT. BEAUMONT. TEXAS PROJECT NO. (ADS) 832-7238 FAX (409) 832-7303 ORDINANCE NO. ENTITLED AN ORDINANCE VACATING AND ABANDONING A 1.8'X 55.4' PORTION OF A 20' WIDE UTILITY EASEMENT AT 7310 HIGHWAY 105, BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS, Linh Berryhill has applied for the abandonment of a1.8'x 55.4' portion of a 20'wide utility easement at 7310 Highway 105, being a 1.8' x 55.4' portion of the 20' utility easement that crosses the south end of Tract 32B, Plat RS4, Abstract 17, W. B. Dyches Survey, City of Beaumont, Jefferson County,Texas, containing 0.002 acres, more or less, as shown on Exhibit "A" attached hereto; and, WHEREAS,the City Council has considered the purpose of said abandonment and is of the opinion that the easement is no longer necessary for municipal utility purposes and the abandonment of said easement is in the best interest of the City and should be granted; 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 resolution are hereby, in all things, approved and adopted; and, THAT a 1.8'x 55.4'portion of a 20'wide utility easement at 7310 Highway 105, being a 1.8' x 55.4' portion of the 20' utility easement that crosses the south end of Tract 32B, Plat RS4, Abstract 17, W. B. Dyches Survey, City of Beaumont, Jefferson County, Texas, containing 0.002 acres, more or less, as shown on Exhibit"A"attached hereto, be and the same is hereby vacated and abandoned and that title to such property shall revert to and become the property of the persons entitled thereto by law. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 26th day of June, 2012. - Mayor Becky Ames - : Request to aband M55.4 foot protion of a 20 fo . ,vide utility easement adjacent to Highway 105. Location: 7310 Highway 105 Id piicant: Linh BerryhM 0 100 200 i i I I Feet Legend 72706 R -H HWY 105 GC-MD R-S EXHIBIT "A" 9 June 26,2012 Consider an ordinance amending Section 20.03.003 of the Code of Ordinances changing the speed limit on a section of Delaware Street RICH WITH OPPORTUNITY BEAUMON* T . E • g • A . S City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Patrick Donart, Public Works Director MEETING DATE: June 26,2012 REQUESTED ACTION: Council consider an ordinance amending Section 20.03.003 of the Code of Ordinances changing the speed limit on a section of Delaware Street. BACKGROUND City staff conducted a traffic study and an evaluation of the speed limit on Delaware Street from Dowlen Road to Major Drive. The spot traffic study conducted in this area indicated that the majority of drivers are driving faster than the current speed limit. It is recommended that the speed limit and speed zone boundary change within this section as shown below: Street, Limits of zone Dir. of Travel Steed Delaware (a)From a point 50 feet west of the centerline East and West 35 of 19'h street to a point 600 feet east of the centerline of Oak Trace Drive. (b)From a point 600 feet east of the centerline East and West 40 of Oak Trace Drive to a point 900 feet West of Dowlen Road. Stireet Limits of zone Dir.of Travel Sueed Delaware (c)From a point 900 feet West of Dowlen Road East and West 45 to the center line of F.M. 364 (Major Drive) FUNDING SOURCE Not Applicable. RECOMMENDATION Approval of Ordinance. ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING CHAPTER 20, SECTION 20.03.003 OF THE CODE OF ORDINANCES OF BEAUMONT, TEXAS,TO CHANGE THE SPEED LIMIT ON A SECTION OF DELAWARE STREET; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL; AND PROVIDING A PENALTY. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. THAT Chapter 20, Section 20.03.003, "Maximum and minimum speeds established in certain zones,""Schedule,"of the Code of Ordinances of the City of Beaumont, be and the same is hereby amended by amending the speed limit of Delaware Street to read as follows: In Mlles Per Hour Direction of Street Limits of zone Travel Max. Min. Delaware (a) From a point 50 feet west of the East and West 35 centerline of 19'h Street to a point 600 feet east of the centerline of Oak Trace Drive. (b) From a point 600 feet east of the East and West 40 centerline of Oak Trace Drive to a point 900 feet west of Dowlen Road. (c) From a point 900 feet west of East and West 45 Dowlen Road to the centerline of F.M. 364 (Major Drive) Section 2. 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 3. That all ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only. Section 4. 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 26th day of June, 2012. - Mayor Becky Ames - 10 June 26,2012 Consider a resolution approving the transfer of$900,000 from the Fund Balance in the General Fund to the Municipal Transit Fund RIO= WITS OPPORTUNITY REAUNDIN*: T a _ • X • A • s City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager MEETING DATE: June 26, 2012 REQUESTED ACTION: Council consider a resolution approving the transfer of $900,000 from the Fund Balance in the General Fund to the Municipal Transit Fund. BACKGROUND The Municipal Transit Fund accounts for the activities of the Beaumont Municipal Transit System. The City of Beaumont receives funding from the Federal Transit Administration,the Texas Department of Transportation,and farebox revenue,which goes toward operating transit services. These three revenue sources are projected to cover 54%of transit expenditures in FY 2012. Therefore,transfers are made from the General Fund, as necessary,to cover the remainder of expenditures. The Municipal Transit Fund is projected to have a shortfall of$575,000 at the end of FY 2012, which is on September 30, 2012. A transfer of$900,000 from the General Fund will cover the projected shortfall,and provide a fund balance in the Transit Fund of approximately$325,000. If the transfer of$900,000 is approved,a total of$2,450,000 will have been transferred from the General Fund to the Transit Fund in FY 2012. As city staff projects transit expenditures for FY 2013,the General Fund will likely need to transfer at least$2,200,000 to the Transit Fund as a part of the FY 2013 Budget. FUNDING SOURCE As of April 30,2012,the Fund Balance in the General Fund was projected to be$27,838,505 at the end of the fiscal year which is$2,100,641 more than the FY 2012 Budget estimated. If$900,000 is transferred to the Transit Fund,there will be a projected$26,938,505 in the Fund Balance,which is 25%of expenditures. Financial projections for the Transit Fund are attached for your review. RECOMMENDATION Approval of resolution. CITY OF BEAUMONT MUNICIPAL TRANSIT FUND STATEMENT OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE (Unaudited) FYE 2012 FY 2012 Projected at Budget 04/30/12 REVENUES Service Charges $ 550,000 528,000 Intergov. Rev. FTA Operating 1,786,000 1,750,300 Intergov. Rev. FTA Capital - 220,000 Intergov. Rev.TxDOT Operating 392,500 367,200 Intergov. Rev.TxDOT Capital - - Interest 400 400 Transfer from General Fund 1,550,000 1,550,000 TOTAL REVENUES 4,278,900 4,415,900 EXPENDITURE CATEGORY Operating Supplies 180,000 135,000 Contract Services 4,600,000 4,983,900 Capital Improvements - 220,000 TOTAL EXPENDITURES 4,780,000 5,338,900 EXCESS(DEFICIT)REVENUES OVER EXPENDITURES (501,100) (923,000) FUND BALANCE Beginning Fund Balance 704,472 348,050 Ending Fund Balance $ 203,372 (574,950) Municipal Transit Comparison of Funding and Expenditures Fiscal city Federal contract Year Funding Funding Services 2003 $ 19275,000 $ 2,171 ,545 $ 394119221 2004 19200,000 1 407 018 31681 ,438 i 2005 193009000 19001 ,456 41004,767 2006 211969000 29018,160 4,2009298 2007 11396,000 29458,680 412089600 2008 21020,000 294059905 4,7199468 2009 29000,000 8,092,020 496489734 2010 1 ,900,000 1 ,828,506 415899488 2011 119509000 1 ,785,970 4,5999924 2012 1 ,550,000 19750,280 41983,0OO Projected 2013 2,500,000 117159300 41960,000 ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING THE FISCAL BUDGET OF THE CITY OF BEAUMONT FOR THE FISCAL YEAR 2012 TO TRANSFER$900,000 FROM THE GENERAL FUND TO THE MUNICIPAL TRANSIT FUND; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR REPEAL. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. THAT the Fiscal Budget of the City of Beaumont for the period commencing October 1, 2011, through September 30, 2012, be and the same is hereby amended to appropriate and transfer the sum of$900,000 from the General Fund to the Municipal Transit Fund. 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 herewith are repealed to the extent of the conflict only. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 26th day of June, 2012 - Mayor Becky Ames - 11 June 26,2012 Consider a resolution approving a contract for the East Lucas Sidewalks Project(US 69 to Railroad Tracks) RICH WITH OPPORTUNITY City Council Agenda Item T • E • X • A S TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Patrick Donart, P.E., Public Works Director MEETING DATE: June 26, 2012 REQUESTED ACTION: Council consider a resolution authorizing the award of a contract to Allco,Ltd. for the East Lucas Sidewalks Project (US 69 to Railroad Tracks). BACKGROUND The Project includes the replacement of drainage structures and installation of sidewalk from US 69 to the railroad tracks on East Lucas. The sidewalk will be located on the south side of the road and will start where TXDOT concludes their sidewalk project. On June 7, 2012 the City of Beaumont received four(4)bids for the Project. The low bid was submitted by Allco, Ltd. in the amount of$332,100. The MBE participation is with Crabtree Barricade Systems, and American Remediation in the amount of$5,953.75 representing 1.79% of the contract amount. Due to the nature of the work, Allco plans to utilize their own forces to conduct the work. FUNDING SOURCE Capital Program. RECOMMENDATION Approval of Resolution. CITY OF BEAUMONT SCHEDULE OR MBE PARTICIPATION Alke NAME CERTIFIED MBE COMIUCTOR ADDRESS TYPE OF WORK AGREED PRICE Po Box zo1gm S, `�X3. 75 W, W7Z0 The undamped will enter into a formal agreement with MBE Contractors for work listed in this schedule conditioned upon execution of a contract with the City of Beaumont. NOTE: 1. This sc mduk should be submitted with your bid SIGNATURE TnIE • `,��ttrltt���r 4 30 : �' .a � w S ��1777715>>� Xy j X X X T y D m � x Q1 N •� + + W to � Nye N O A NN tO b '+ O� R a� NM � G �i Z � '.I T! p gNb� p � ybNWQ1 pM✓ w 8 66 MM p ,[p�+ ypQba GQbr NbW p N }LjbN� 7yypb�ll� s yN� y1 yN1 y� $ $ 8 $ $ $ $ s 9 g g $ 8 $ $ $ $ 8 8 $ $ 8 8 8 N N N Y N N x N N N N N 1+ N N N N N N N 8 $ 8 8 8 8 8 8 8 8 8 $ 8 8 8 8 $ 8 8 8 8 8 8 8 V VV W IpN+ p S p p s O O N pN pN Np 1p+ G N W INI1 N pA oN N o N p p Ups CN $_ 8 O O s 8 8 8 8 S s 8 g s s 8 8 g O H ^ ZS s N g a $ $ 8 8 $ 8 8 8 8 8 8 8 $ 8 s 8 s 8 8 s $ s $ $ 8 8 $ 8 8 8 8 g 8 8 8 8 8 g $ 8 8 $ 8 8 p 8 p Q p p p W pN p Q O G 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 contract with Allco, Inc., of Beaumont, Texas, in the amount of $332,100.00 for the East Lucas Drainage Improvement Rehabilitation Project. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 26th day of June, 2012. - Mayor Becky Ames - II 12 June 26,2012 Consider a resolution approving a contract for maintenance and repair services for use by the Building Services Division t r RICH WITH OPPORTUNITY BE T ' B - z ' A • 8 Ci Ivy Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Laura Clark, Chief Financial Officer MEETING DATE: June 26,2012 REQUESTED ACTION: Council consider a resolution awarding an annual contract for maintenance and repair services to Bruce's General Construction, Inc., of Beaumont,in the estimated amount of$210,600. BACKGROUND Bids were requested for an annual contract to provide on demand repair, maintenance, and light construction services as needed by the Building Services Division. The contract dots not include demolition services,or projects which are reasonably anticipated to approach or exceed$75,000. Seven(7)vendors were notified and four(4)responses were received Specifications requested hourly labor rates for carpenters,hogs,concrete finishers,equipment operators and general laborers togs with percentage markup for materials and equipment rentals. Bids were evaluated on total annual cost based upon estimated labor hours for each skill category and condition. Low bid was received from Bruce's General Construction, Inc., of Beaumont who has held this contract for several years. Journeyman labor rates in this bid represent an average reduction of 45%below current contract rates. FUNDING SOURCE General Fund. RECOMMENDATION Approval of resolution. '1 s i la•i - 11-7-, 4-4WE i- to .+',..il•.>...i'._��.i.�< .l.��rl'.:':�� q1l-r�i '~a����..'�+ .':.+$�''.°�Jl�..j��g".i:°���Pa ".':' ',°� MUANG"....M W � y.VIM� a�d.��� l�^�'.'.r's?.+`.f�`.'4.`' �g1,1yp.1—wf 7°��°,°Al s.� i111Ri+Y�il��ls e�Y� '"=,:: ��k.LP.L��� �i�.•.i.'Se1��..Ci.�'`°.a..i��-�7i`w1A°A.°.3��.LZL]�*a ��!!ae°.°�+.'® a Y° ° a i �a. 7�`�s�•° i aas r° - .:. •: •`'Y "'i� YaY� s . � i7 � ' ��. � °l/ ° �� � � � � V t�will � &- lisidl�P% mi{�tt������m�m���l;I���C���y�y����$.���a''yy��� r�y����3�� j����...:'ji���t1;-:Y��•-�ri{���Yry Mi'1. 17-11M WYAKT-11 N m -M wTTI 5X-7.0 0tlAMW ll1'[ a alY2 .; s• 4"", 7`.°�i��":_� ` lllE�' .1�I"���` � .Y'�""t�l����+:!�E����e{"!�"E'°7i��-'.a�`��EiXY�F�F"70 lm ��`"°i•".��?'_l�p��y°'°W1`��� yy�'� Al I,E�i:.a:,>Awl��� �. :�'.ti ad3.' ��ta.s•Y�:��lS.al's:a.`..e`. L it sJEs a a ` =moor LL�l���,'r-!1-7!'ix �•'•.-w.�.�.-; �L?�trijtf"t4! �LZ t't`E Y't ���i�Y�.`Yf1Y�Y� �.•11w3.1.*��° = = - - ':.�.&Z�ir.t�s� F: .''�'a s'Y �r�` .A:i'� 1 RESOLUTION NO. WHEREAS, bids were received for maintenance and repair services as needed by the Building Services Division; and, WHEREAS, Bruce's General Construction, Inc., of Beaumont, Texas, submitted a bid in the estimated amount of$210,600; and, WHEREAS, City Council is of the opinion that the bid submitted by Bruce's General Construction, Inc., of Beaumont, Texas, should be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the bid submitted by Bruce's General Construction, of Beaumont, Texas, for maintenance and repair services as needed by the Building Services Division in the estimated amount of$210,600 be accepted by the City of Beaumont. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 26th day of June, 2012. - Mayor Becky Ames - 13 June 26,2012 Consider a resolution authorizing Dalcor Pine Club, LTD to submit an application to the Texas Department of Housing and Community Affairs(TDHCA) for the Pine Club Apartments at 5015 Pine Street, a Low Income Housing Tax Credit(LIHTC)project and offering support for the project RICH WITH OPPORTUNITY BEAUMONrk T • E • A • A • S City panel Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Chris Boone, Community Development Director MEETING DATE: June 26, 2012 REQUESTED ACTION: Council consider a resolution authorizing Dalcor Pine Club, LTD to submit an application to the Texas Department of Housing and Community Affairs (TDHCA) for the Pine Club Apartments at 5015 Pine Street, a Low Income Housing Tax Credit (LIHTC) project and offering support for the project. BACKGROUND Dalcor Pine Club, LTD is requesting authorization to submit an application to the Texas Department of Housing and Community Affairs(TDHCA)for use of LIHTC funds for the rehabilitation and improvement of a two hundred and thirty-two(232)unit multi-family housing development known as Pine Club, located at 5015 Pine Street. Pine Club was constructed as an affordable housing property approximately fifteen(15)years ago. This proposed project involves the reissuing of tax credits in order to update the property. Specifically, this will include installing energy efficient air conditioning systems, appliances and solar window screens. In addition, a new business center will be constructed that will be used for job counseling and services for the residents. Currently,the area of the rehabilitation project has more than twice the state average of subsidized housing units per capita. As such, funding the rehabilitations of these subsidized units would not be allowed in this area unless the project and the allocation of tax credits is supported by the City Council. It should be noted that because Pine Club was originally developed as an affordable housing project, no new affordable housing units will actually be established in this area. Approval of this resolution would allow TDHCA to consider funding Pine Club Apartments, as required by §50.8(2)(A) of the Texas Administrative Code. FUNDING SOURCE State Housing Tax Credits will be used,with no participation required by the City. RECOMMENDATION Approval of resolution. Pine Club Apartments 1015 Pine Street Beaumont,TX 77703 Development Narrative Developer: Dalcor Affordable Housing I,LLC The Developer,the principals and educe of which having more than a century of experience in Federal,state and I owThance and real estate property management(See Experience)have w F 4 this apartment community as part of a portfolio of six apartment communities that have reached the end of their respective compliance periods. The Developer will purchase these assets and rehab them using HTC equity and tax-exempt ovate activity bonds thereby retaining them within the affordable housing program Contractor: PencoMKW Owstrfaetion,J-4 The Contractor is a joint venture betweenVenco,Inc.,with more than 40 years of multi- family construction experience bwkKfmg WC developments(See Experience)and JKLD Construction,LLC,an entity vitb ewnershipJprincipals as the Developer. Financing: TSHAGRed Stone Financial,LLC Texas State Affordable Housing Corporation will issue.private-activity-bonds,an inducement letter has been issued. Red Stone Financial,LLC will purchase these tax- exempt bonds(the placement of which was arranged by Merchant Capital,LLC)issued by TSAHC, which will serve as both construction and permanent financing;these bonds along with installments of HTC proceeds will purchase the asset and complete the rehabilitation(See Financing Narrative and Term Sheets). HTC Equity: City Real Estate Advisors,Inc. The HTC equity by City Real Estate Advisors will be used to purchase the asset and in conjunction with the bond proceeds the rehabilitation(See Financing Narrative and Term Sheets). Pine Club is a 232-unit Secfioa 42L*w 15 Housing Tax Credit(LIHTC)gated community located in BeaunxmtTk=&1%--property has intrinsic value, spacious floorplans and beautiful park-like setting. Pine Club was constructed in 1996 tinder the Section 42 LIHTC program.The property has extended use restrictions in place Dauber 31,2026.The property is comprised of 48 one-bedroom, one-bath, 112 two bedroom,two-bath and 72 three- bedroom,two-bath apartment homes.Given the property is past the initial Tax Credit Compliance Period,and the 10-Year chain of title is intact,Pine Club offers an excellent i opportunity for tax credit developers looking to utilize 4%tax credits and tax exempt financing. i i Pine Club Apartments 1015 Pine Street Beaumont,TX 77703 Development Narrative The residents of Pine Club enjoy numerous amenities within,this gated community, including an on-site leasing office, laundry facility,standalone activity center, business center,swimming pool,fitness center,carports and controlled gated access. The units contain washer and dryer connections with optimial washer and dryer rentals, well equipped kitchens with ice makers,air condition wn 4n cbmiets,ceiling fans in bedrooms,and mini-blinds and vertical blinds. Pine Club Apartments is conveniently located within close proximity to the Eastex Freeway, which provides residents easy access to major retail center Parkdale Mall, Interstate 10, and the booming Beaumont-Port Ardwr MA in southeast Texas. Just miles away from the border of Texas and Louisiana an the CAffaf Mexico,the Beaumont-Port Arthur MSA is home to the Sabine-Mcbes may which is referred to as"America's Energy Gateway."The Sabine-Neches sly del is the nation's third largest waterway linking the world to an extensive pipc1inevjmftm that supplies energy to communities and businesses across the country.11m ski channel supports 55 percent of the nation's strategic oil reserves and America's largest 5 1 complex that produces 11 percent of U.S. gasoline and 60 percent of the nafica's jet fbd.Nearly 84,000 jobs across southeast Texas and southwest Louisiana are related in some way to cargo moving on the waterway.The-waterway currently supports apQm ly-15,000 direct jobs— meaning those who provide-support services to the waterway,including-marine terminals _ and shipyards,truckers,railroad workers,warehouse operators and mwine construction firms.Roughly 3,000 ships with cargo travel to Beaumont each year. The Port of Beaumont has shipped two-thirds of all military cargo bound for current conflicts in Iraq and Afghanistan.Acknowledging the vital role the military plays,the port has built a new $5.4 million, 27,000 square foot facility that serves as bcadgwule.rs for the 842nd Transportation Battalion. Companies that have a significant presence on the waterway include Goodyear,ExxonMobil, Sunoco,BASF,Valero,Firestone,DuPont,Chevron Phillips,Entergy and Eastman Chemical among others. Pine Club currently operates under the Section 42 Low litiaasne Ding Tax Credit (IMC)program,and has an extended use agre tiap=ring that 100%of the units be rented to tenants earning no more than 6D%affe local Area Median Income (AMI)Although the initial Tax Credit Compliance Padad(TCXP)expired on December 31,2011,there are extended use restrictions in place antH Defier 31,2026. Property Pine Club Property Address 5015 Pine Street Beaumont,TX 77703 Assessor's Parcel 700000-478470-1 PP Zoning RMF Residential Multifamily SITE Number of Units 232 Number of Buildings 19 Number of Stories 2 Year Built 1996 I Pine Club Apartments 1015 Pine Street Beaumont,TX 77703 Development Narrative Rentable Square 246,576 Lot Size 31.77 Acres Density 7.3 Units per Acre Parking 464 Spaces Parking Ratio 2 Spaces per Unit Landscaping Garden Style Topography Flat UTH TCIE,S Water .City of Beaumont Phone Granite Telecommunications Electric Entergy Gas N/A CONSTRUCTION Foundation Concrete Framing Wood Exterior Hardie Plank Parking Surface Concrete Roof Composite.Shingle:.75% replacedin-2009. 25 Year Shingle/Transferable Warranty MECHANICAL HVAC 10 Seer Ground Units Wiring Copper Fire Protection Per Code COMMON AREA AMENITIES Onsite Leasing Office, Clubliouse &Activity Center Children's Playground S►vinznting Pool Fihress Center Gated Access Carports Business Center UNIT AMENITIES I00% Washer/Dryer Connections With Optional Washer/Dryer Rentals Stain Resistant Berber Style Carpeting Ceiling Fans in All Bedrooms Well-Equipped Kitcliens With Ice Maker Mini-Blinds/Vertical Blinds Individual Unit Entries,No Breetetivays or Hallways The existing apartment unit configuration is as follows: Pine Club Apartments 1015 Pine Street Beaumont,TX 77703 Development Narrative Total No.of Net Net Unit Bed- No.of Rentable Ratable t#of Units Type rooms Baths 3.F. S.F. 48 A 1 1 806 38,688 I2 B 2 2 1,077 120,624 722 C 3 2 1,212 87,264 232 TC60% 1,063 246,576 DeveJooment Plan There a be NO dela aiit or reconstruction of the a builder or aputment vita The plan is to acquire the property,upgrade and update the property with modern and more energy efficient('Energy Star")systems and materials;and maintain the property within the proms-serving the same population(the gencrai-pg9Wgtion with 1B()%of the units-set-aside.for-persons with incomes below 60%AMD. The planned rehabilitation includes,but not limited to,replacinglupgrading: Existing HVAC systems with more energy efficient 14 SEER systems, Existing appliances with new more energy efficient"Energy Star"appliances, Solar screening on all exterior windows, The remainder of the roof systems, All for coverings with durable floor coverings, Exterior lighting to be enhanced and upgraded, Children's playground equipment and surface, Swimming pool surfaces,equipment and furniture, Fitness center, Business center&equipment, Security camera system, Electronic key control syste^ and ADA AccoAffity Standards The Developer's due diligence indicates that Fine Club does not comply with Section 504,Rehabilitation Act of 1973 (29 U.S.C. Section 794),and specified under 24 C.F.R.Part 8,Subpart C and farther described in Texas Administrative Code,Title 10,Part 1,Chapter 60,Subpart B. The United States Department of Justice promulgated new 2010 ADA Standards for Accessible Design to be effective for new construction or alterations on or after March 15,2012. The Developer has engaged a third i Pine Club.Apartments 1015 Pine Street Beaumont,TX 77703 Development Narrative party architect to design and supervise all appropriate alterations in order to comply with all current standards. The General Contractor will be Penco/JKLD Construction,JV, a joint venture between Penco,Inc. and JKLD Construction,LLC. I { I RESOLUTION NO. WHEREAS,the City Council of the City of Beaumont(the"City")has been apprised of the pending application for tax credits (the "Application") filed for the rehabilitation and improvement of Pine Club Apartments(the"Development"), a two hundred thirty-two(232) unit mufti-family housing development located at 5015 Pine Street, a Low Income Housing Tax Credit (LIHTC) project through the Texas Department of Housing and Community Affairs (TDHCA); and WHEREAS, the City is a municipality that has more than twice the state average of residential units per capita supported by tax credits or private activity bonds at the time the 2012 Application round begins and,therefore, pursuant to Section 50.8(2)(A)of the Texas Administrative Code,the TDHCA requires the express prior support of the governing body of the City and a written statement of support of the allocation of Housing Tax Credits in order for the Applicant to be awarded an allocation of Housing Tax Credits by TDHCA; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: Section 1. THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and Section 2. This resolution in no way commits the City of Beaumont to provide any funding for the proposed project. Section 3. This project is still subject to any and all zoning, construction and all applicable regulations of the City of Beaumont and will be required to comply with same. Section 4. The governing body of the City hereby offers preliminary support for the rehabilitation and improvement of the Development within the City. Section 5. The governing body of the City hereby supports the allocation of Housing Tax Credits for the Development. Section 6. The governing body of the City hereby acknowledges that this resolution shall constitute a written statement of support for the construction of the Development as required by Section 50.8(2)(A) of the Texas Administrative Code. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 26th day of June, 2012. - Mayor Becky Ames -