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PACKET MAR 29 2016BEAUMONT TEXAS REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS MARCH 29, 2016 1:30 P.M. CONSENT AGENDA * Approval of minutes — March 15, 2016 * Confirmation of committee appointments Marie Broussard -Heritage Society would be appointed to the Historic Landmark Commission. The term would commence March 29, 2016 and expire March 28, 2018. (Mayor Becky Ames) Carol Fernandez would be appointed to the Historic Landmark Commission. The term would commence March 29, 2016 and expire March 28, 2018. (Councilmember Gethrel Williams - Wright) Jessie Davis -County Historian would be appointed to the Historic Landmark Commission. The term would commence March 29, 2016 and expire March 28, 2018. (Mayor Becky Ames) Reagan Rothenberger would be appointed to the Historic Landmark Commission. The term would commence March 29, 2016 and expire March 28, 2018. (Councilmember Robin Mouton) Virginia Jordan would be appointed to the Historic Landmark Commission. The term would commence March 29, 2016 and expire March 28, 2018. (Councilmember Mike Getz) Greg Wall -Architect would be reappointed to the Construction Board of Appeals (Building). The current term would expire January 24, 2018. (Mayor Becky Ames) Lee Acevedo -Electrician would be reappointed to the Construction Board of Appeals (Building). The current term would expire January 24, 2018. (Mayor Becky Ames) Gene VanMeter-Electrician (Alternate) would be reappointed to the Construction Board of Appeals (Building). The current term would expire January 24, 2018. (Mayor Becky Ames) Tom Neild -General Contractor (Alternate) would be reappointed to the Construction Board of Appeals (Building). The current term would expire January 24, 2018. (Mayor Becky Ames) Judy Linsley -Historian would be reappointed to the Historic Landmark Commission. The current term would expire September 10, 2017. (Mayor Becky Ames) Dohn LaBiche-Architect would be reappointed to the Historic Landmark Commission. The current term would expire October 29, 2017. (Mayor Becky Ames) Jason Cansler-Attorney would be reappointed to the Historic Landmark Commission. The current term would expire February 10, 2018. (Mayor Becky Ames) B. Eliot New would be reappointed to the Historic Landmark Commission. The current term would expire September 5, 2017. (Councilmember Claude Guidroz) Thomas Sigee would be reappointed to the Historic Landmark Commission. The current term would expire December 5, 2017. (Councilmember Audwin Samuel) A) Approve a resolution awarding a contract to Frazier, Ltd., of Houston for refurbishing and remounting one ambulance body B) Authorize the settlement of the lawsuit styled Kelly Wheaton vs. The City of Beaumont and Joseph Edward Stuart; Cause No. 128080 C) Approve a resolution accepting maintenance of the street, storm sewer, water and sanitary sewer improvements in Fairfield Phase IV, Subdivision RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the following appointments be made: Appointment Commission Beginning Expiration of Term of Term Marie Broussard -Heritage Society Historic Landmark Commission 03/29/2016 03/28/2018 Carol Fernandez Historic Landmark Commission 03/29/2016 03/28/2018 Jessie Davis -County Historian Historic Landmark Commission 03/29/2016 03/28/2018 Reagan Rothenberger Historic Landmark Commission 03/29/2016 03/28/2018 Virginia Jordan Historic Landmark Commission 03/29/2016 03/28/2018 THAT the following reappointments be made: Reappointment Greg Wall -Architect Lee Acevedo -Electrician Gene VanMeter-Electrician Tom Neild -General Contractor Judy Linsley -Historian Dohn LaBiche-Architect Jason Cansler-Attorney B. Eliot New Thomas Sigee Commission Building Board of Appeals Building Board of Appeals Building Board of Appeals Building Board of Appeals Historic Landmark Commission Historic Landmark Commission Historic Landmark Commission Historic Landmark Commission Historic Landmark Commission Beginning of Torm 03/29/2016 03/29/2016 03/29/2016 03/29/2016 03/29/2016 03/29/2016 03/29/2016 03/29/2016 03/29/2016 Expiration of Term 01/24/2018 01/24/2018 01/24/2018 01/24/2018 09/10/2017 10/29/2017 02/10/2018 09/05/2017 12/05/2017 PASSED BY THE CITY COUNCIL of the City of Beaumont this the 29th day of March, 2016. - Mayor Becky Ames - U TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Laura Clark, Chief Financial Officer MEETING DATE: March 29, 2016 REQUESTED ACTION: Council consider a resolution approving the award of a contract for refurbishing and remounting one (1) ambulance body to Frazier, Ltd., of Houston, Texas in the estimated amount of $63,800. Beaumont EMS operates ambulances consisting of a body or box module mounted on a heavy-duty pickup chassis. Ambulance bodies, when periodically refurbished, have a longer service life than the chassis on which they are mounted. Refurbishment is less costly than purchasing a new body each time the chassis needs to be replaced. Refurbishment of bodies and replacement of chassis are requested through the City's budget process. The Fleet Manager evaluated the request and recommended refurbishment and replacement due to the age and mileage of the unit. Unit to be refurbished and remounted is 7145, having 114,009 miles, purchased in 2008. Pricing was obtained through the Houston -Galveston Area Council (H -GAC), a cooperative purchasing association providing cities and political subdivisions with the means to purchase specialized equipment at volume pricing. H -GAC complies with State of Texas procurement statutes. FUNDING SOURCE Capital Reserve Fund. RECOMMENDATION Approval of the resolution. N February 25, 2016 Jeff Harville Fleet Manager City of Beaumont EMS E-mail: jharville@ci.beaumont.tx.us Quote # 10204B Mr. Harville, Per your request we are quoting remounting and refurbishing your Frazer Type 1 12' Generator Powered Module, (E -891/X-606) current medic #7145 , onto your 2016 Ford F-350 6.71- diesel chassis. For your convenience all pricing has been itemized below. Frazer Type 1 12' Generator Powered Module (E -891/X-606) 2016 Ford F-350 6.71- diesel chassis - (white) Customer Provided Heat shielding for diesel chassis $ 1,500.00 Remount of Module (see Incl. Items below) $ 15,000.00 Chassis Exterior Upgrades $ 800.00 Chassis Interior Upgrades $ 2,950.00 Module Exterior Upgrades $ 25,950.00 Module Interior Upgrades $ 17,000.00 HGAC fee $ 600.00 Total $ 63,800.00 Items included in above total: Chassis Exterior Upgrades: 1 Items included in remount fee: a) Ranch Hand powder coated grille guard $ incl. b) (2) Whelen M4 grille lights w/ clear lenses $ incl. Layout: red, red c) (2) Whelen M4 intersects w/ clear lenses $ incl. Layout: red, red (2) Federal Signal AS124 speakers $ Incl. Wire one speaker to code 3 siren and one speaker to Whelen SAI siren In console. d) Frazer aluminum rear window pass through plate $ incl. e) (2) New 125A & 150A Mega fuses with new wiring $ incl. f) Stripe new chassis to match module $ incl. g) New mounting rubber $ incl. see print 508, 1 RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Council hereby approves the award of a contract for outfitting, refurbishing and remounting one (1) ambulance box module to a new chassis to Frazier, Ltd., of Bellaire, Texas, in the amount of $63,800 through the Houston -Galveston Area Council (H -GAC) Cooperative Purchasing Program. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 29th day of March, 2016. - Mayor Becky Ames - BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tyrone E. Cooper, City Attorney MEETING DATE: March 29, 2016 REQUESTED ACTION: Council consider a resolution authorizing the settlement of the lawsuit styled Kelly Wheaton vs. The City of Beaumont and Joseph Edward Stuart; Cause No. 128080. BACKGROUND The lawsuit styled Kelly Wheaton vs. The City of Beaumont ant Joseph Edward Stuart; Cause No. 128080, was presented and discussed in Executive Session held on March 15, 2016. The City Attorney is requesting authority to settle this suit in the amount of $42,538.67. FUNDING SOURCE General Liability Fund. RECOMMENDATION Approval of resolution. RESOLUTION NO. WHEREAS, the lawsuit styled Kelly Wheaton vs. The City of Beaumont and Joseph Edward Stuart, Cause No. 128080, was discussed in Executive Session properly called and held Tuesday, March 15, 2016; and, WHEREAS, the City Attorney is requesting authority to settle this lawsuit; NOW, THEREFORE, BE IT RESOLVED 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 the City Attorney be, and he is hereby, authorized to settle the lawsuit styled Kelly Wheaton vs. The City of Beaumont and Joseph Edward Stuart, Cause No. 128080 for the sum of Forty -Two Thousand Five Hundred Thirty -Eight and 67/100 Dollars ($42,538.67); and, BE IT FURTHER RESOLVED THAT the City Manager be and he is hereby authorized to execute all documents related to settlement of the lawsuit. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 29th day of March, 2016. - Mayor Becky Ames - c BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Dr. Joseph Majdalani, P.E., Public Works Director MEETING DATE: March 29, 2016 REQUESTED ACTION: Council consider a resolution accepting maintenance of the street, storm sewer, water and sanitary sewer improvements in Fairfield Phase IV, Subdivision. BACKGROUND On March 15, 2016, a final inspection from all entities was completed and the administration recommends approval of the following: • Abbey Lane approximately 660 feet addition south of existing Claybourn Drive. Recommended for approval are the storm sewer, water and sanitary sewer improvements for Fairfield Phase IV, Subdivision right-of-way only. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of resolution. I. I KRWER FOLSOM DRIVE L DD6 DETEMTON ��'j BA WN W p� O Q (� O I f�a j DE WAR N.Es. LOCATION MAP NTS FAIRFIELD PHASE IV SUBDIVISION RESOLUTION NO. WHEREAS, construction of the street, storm sewer, water and sanitary sewer improvements constructed in Fairfield Phase IV Subdivision have been completed as follows: and, Street • Abbey Lane approximately 660 feet addition south of existing Claybourn Drive. Storm Sewer, Water and Sanitary Sewer Improvements • Fairfield Phase IV Subdivision, right-of-way only. WHEREAS, the developers of said street desire to have these improvements accepted and maintained by the City; and, WHEREAS, the director of the Public Works and Engineering Department has determined that said improvements meet city standards and qualify for acceptance for permanent maintenance, and the City Council is of the opinion that said improvements should be accepted and maintained by the City of Beaumont; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT the above -referenced street, storm sewer, water and sanitary sewer improvements in Fairfield Phase IV Subdivision, with the exception of streetlights, are hereby accepted by the City of Beaumont and shall be continuously maintained by the City contingent upon filing of the final plat, complete with filings of dedication of all rights-of-way and easements required on the preliminary and final plats and installation of the streetlights. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 29th day of March, 2016. - Mayor Becky Ames - BEAUMONT TEXAS REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS MARCH 29, 2016 1:30 P.M. AGENDA CALL TO ORDER * Invocation Pledge Roll Call * Presentations and Recognition * Public Comment: Persons may speak on scheduled agenda item No. 5/Consent Agenda * Consent Agenda GENERAL BUSINESS 1. Consider a request for a Specific Use Permit to allow a mini storage facility in GC -MD (General Commercial -Multiple Family Dwelling District), at 6150 Delaware Street 2. Consider a request for a Specific Use Permit to allow a real estate, property management office in RCR-H (Residential Conservation Revitalization -Historic District) at 2595 Liberty Avenue 3. . Consider a request for a Specific Use Permit to allow a cell tower in GC -MD (General Commercial -Multiple Family Dwelling District), just west of 1878 Washington Boulevard 4. Consider a request to abandon a portion of a 20' waterline easement to widen the Major Drive right-of-way and roadway 5. Consider amending Chapter 6 of the Business Regulations Ordinance; specifically Section 6.03.034 -Alcoholic Beverage COMMENTS * Councilmembers/City Manager comment on various matters * Public Comment (Persons are limited to 3 minutes) EXECUTIVE SESSION Consider matters related to contemplated or pending litigation in accordance with Section 551.071 of the Government Code: United States of America vs. City of Beaumont, Texas; Civil Action No. 1:15CV201 Consider matters related to the deliberation of the purchase, exchange, lease or value of real property in accordance with Section 551.072 of the Government Code, to wit: Beaumont Yacht Club located at 560 Marina Drive, Beaumont, TX 77703 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. n March 29, 2016 Consider a request for a Specific Use Permit to allow a mini storage facility in GC -MD (General Commercial -Multiple Family Dwelling District), at 6150 Delaware Street BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager 6 Y PREPARED BY: Chris Boone, Planning & Community Development Director MEETING DATE: March 29, 2016 REQUESTED ACTION: Council consider a request for a Specific Use Permit to allow a mini storage facility in GC -MD (General Commercial -Multiple Family Dwelling District), at 6150 Delaware Street. BACKGROUND Zachary Rowe of Mark W. Whiteley and Associates has designed and submitted a Mini Storage Facility that the property owener, Mr. Sam Parigi, Jr., would like to construct at 6160 Delaware Street. This development will consist of a three (3) story building. Mr. Parigi does not want the structure to resemble a warehouse and has asked the architect to incorporate materials that will have a more aesthetic appeal, especially for the neighbors to the north. All lighting will be directional so as to not disturb neighboring properties. In addition, a 120 foot wide ditch separates the property from the residential lots to the north. At a Joint Public Hearing held on March 21, 2016, the Planning Commission recommended 8:0 to approve a Specific Use to allow a mini storage facility in the GC -MD (General Commercial - Multiple Family Dwelling District), at 6160 Delaware Street with the following condition: 1. Submit storm drainage discharge design on construction drawings. FUNDING SOURCE Not applicable. RECOMMENDATIONS Approval of the ordinance subject to the following condition: 1. Submit storm drainage discharge design on construction drawings. SPECIFIC USE PERMIT APPLICATION BEAUMONT, TEXAS (Chapter 28, City Codes) TO: THE PLANNING COMMISSION AND CITY COUNCIL, CITY OF BEAUMONT, TEXAS APPLICANTS NAME: Zachary Rowe APPLICANTSADDRESs: 3250 Eastex Freeway, Beaumont, Texas 77703 APPLICANTS PHONE#: (409) 892-0421 FAX#409) 892-1346 NAMEOFOWNER: Sam C. Parigi , Jr. ADDRESS OF OWNER: 445 North 14 Street. Beaumont. Texas 77702 LOCATION OF PROPERTY: 6160 Delaware Street LEGAL DESCRIPTION OF PROPERTY: LOT NO. OR BLOCK NO ADDITION NUMBER OF ACRES TRACTA 2.1599 Acre Tract PLA SURVEY Hezekiah Williams, Abstract No. 56 NUMBER OF ACRES 2.1599 Acres For properties not in a recorded subdivision, submit a copy of a current survey or plat showing the properties proposed for a specific use permit, and a complete legal field note description. PROPOSED USE: Mi ni Storage Facility zoNE:GC-MD ATTACH A LETTER describing all processes and activities involved with the proposed uses. ATTACH A SITE PLAN drawn to scale with the information listed on the top back side of this sheet. ATTACH A REDUCED 8 ''/:" X 11" PHOTOCOPY OF THE SITE PLAN. THE EIGHT CONDITIONS listed on the back side of this sheet must be met before City Council can grant a specific use permit. PLEASE ADDRESS EACH CONDITION IN DETAIL. ATTACH THE APPROPRIATE APPLICATION FEE: LESS THAN % ACRE.................................................................$250.00 %2 ACRE OR MORE AND LESS THAN 5 ACRES...................$450.00 5 ACRES OR MORE...................................................................$650.00 I, being the undersigned applicant, understand that all of the conditions, dimensions, building sizes, landscaping and parking areas depicted on the site plan shall be adhered to as amended and approy8ok City Council. SIGNATURE OF APPLICANT: S� v �A DATE: Z — z (P 1 I -P fSIGNATURE OF OWNER: ,� �= DATE: ' z� l b PLEASE TYPE OR PRINT AND SUBMIT TO: CITY OF BEAUMONT PLANNING DIVISION 801 MAIN STREET, ROOM 201 BEAUMONT, TX 77701 FILE NUMBER: DATE RECEIVED: Phone - (409) 880-3764 Fax -(409)880-3133 PLEASE MAKE NOTE ON REVERSE SIDE OF CONDITIONS TO BE MET REGARDING THE SITE PLAN AND LETTER OF PROPOSED USES AND ACTIVITIES. Mini Storage 6160 Delaware Street Beaumont, Texas 77706 25 February 2016 City of Beaumont Planning Division 801 Main Street, Room 201 Beaumont, Texas 77701 ATTN.: Chris Boone Director of Planning and Community Development REF.: Specific Use Permit 6160 Delaware Street Dear Mr. Boone: Please find attached the Specific Use Permit Application along with a site plan and the fee for the above referenced tract. We propose to construct a 3 story Mini Storage facility at the above listed address. The following comments address the eight conditions as required by the City's Specific Use Permit: • The proposed Mini Storage Facility will enhance the locale and not be injurious to the use and enjoyment of other property, nor significantly diminish or impair property values within the immediate vicinity. Appropriate architectural measures will be taken to ensure aesthetic compatibility with nearby structures as well as to avoid being a nuisance to the residential subdivision to the North. • The establishment of the specific use will not impede the normal and orderly development and improvement of surrounding vacant property, as this is the last remaining vacant lot along the North side of Delaware Street in the nearby vicinity. • There are existing and adequate utilities, access roads, drainage and other necessary supporting facilities currently present at the site. The site fronts Delaware Street, which has water, sewer, gas and communications within the Right of Way. The site is also bordered on the rear by a Jefferson County Drainage District No. 6 canal, which will be utilized for receiving storm water runoff. Page 1 of 2 • As shown on the attached site plan, the design, location and arrangement of all driveways and parking spaces provide for the safe and convenient movement of vehicular and pedestrian traffic without adversely affecting the general public or adjacent development. A shared driveway with the previously approved Goodwill store to the West will be utilized for site access. A 26' firelane will be provided around the entirety of the proposed structure, and two canopies will be installed for loading zones leading into the building. Expected daily traffic to the proposed development is low and should result in minimal impact to the immediate vicinity. • There will be no offensive odor, fumes, dust, noise or vibration caused by the proposed use of this site as a Mini Storage. • All proposed onsite lighting will be direct in nature so as not to disturb or adversely affect neighboring properties. Appropriate measures will be taken to mitigate adverse effects on the nearby properties. • Landscaping and screening will be provided in accordance with the appropriate City requirements to ensure harmony and compatibility with the adjacent properties. • The proposed use is in accordance with the Comprehensive Plan and will assist in further developing the West End of Beaumont. If you have any questions or need additional information please contact me at (409)-892-0421. Sincerely, Zachary Rowe Engineer Assistant Mark W. Whiteley and Associates, Inc. Applicant Page 2 of 2 ORDINANCE NO. ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A MINI STORAGE FACILITY IN A GC -MD (GENERAL COMMERCIAL -MULTIPLE FAMILY DWELLING) DISTRICT AT 6150 DELAWARE STREET IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS, Zachary Rowe, on behalf of Sam Parigi, Jr., has applied for a specific use permit to allow a mini storage facility in a GC -MD (General Commercial - Multiple Family Dwelling) District, at 6150 Delaware Street, as described in Exhibit "A" and shown on Exhibit "B," attached hereto; and, WHEREAS, the Planning and Zoning Commission of the City of Beaumont considered the request and is recommending approval of a specific use permit to allow a mini storage facility in a GC -MD (General Commercial -Multiple Family Dwelling) District at 6150 Delaware Street, subject to the following condition: and, • Submit storm drainage discharge design on construction drawings 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 ordinance are hereby, in all things, approved and adopted; and, Cor-4inn 1 That a specific use permit to allow a mini storage facility in a GC -MD (General Commercial -Multiple Family Dwelling) District at 6150 Delaware Street as described in Exhibit "A" and shown on Exhibit "B," is hereby granted to Sam Parigi, Jr., his legal representatives, successors and assigns, as shown on Exhibit "C," attached hereto and made a part hereof for all purposes, subject to the following condition: • Submit storm drainage discharge design on construction drawings. Section 2. That the specific use permit herein granted is expressly issued for and in accordance with each particular and detail of the site plan attached hereto as Exhibit "C" and made a part hereof for all purposes. Cct-finn '2 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 29th day of March, 2016. - Mayor Becky Ames - LEGAL DESCRIPTION FOR ORDINANCE PURPOSES BEING a 2.1599 acre tract or parcel of land situated in the Hezekiah Williams Survey, Abstract No. 56, Jefferson County, Texas and being out of and part of that certain called 680.66 acre tract called "Second Tract" as conveyed by Treadaway Land Company et al. to Yount -Lee Oil Company as recorded in Volume 374, Page 113, Deed Records, Jefferson County, Texas and also being out of and part of that certain remainder of a called 40.5391 acre tract of land as conveyed by Amoco Production Company to Dowdel Investments, Ltd. as recorded in Clerk's File No. 1999047799, Oficial Public Records of Real Property, Jefferson County, Texas, said 2.1599 acre tract being more particularly described as follows: NOTE: All bearings are based on the West line of Lot 1, Block I of HEB Grocery Addition as NORTH 01'2348" WEST as recorded in Clerk's File No. 2006015377, Oficial Public Records of Real Property, Jefferson County, Texas. All set 5/8" iron rods set with caps stamped "M. W Whiteley & Associates ". COMMENCING at a 5/8" iron rod found for the Southeast corner of that certain called 0.9601 acre tract of land as described in a "Special Warranty Deed with Vendor's Lien" from Dowdel Investments, Ltd. to CBH Properties Beaumont, LLC. as recorded under Clerk's File No. 2015016749, Official Public Records of Real Property, Jefferson County, Texas and being the Southwest comer of Lot 1, Block 1 of HEB Grocery Addition, an addition of the City of Beaumont, Jefferson County, Texas, according to the map or plat thereof, recorded under Clerk's File No. 2006015377, Official Public Records of Real Property, Jefferson County, Texas, and also being in the North right-of-way line of Delaware Street; THENCE SOUTH 88052'27" WEST, along and with the North right-of-way line of Delaware Street, for a distance of 110.00 feet to a 5/8" iron rod with cap stamped "M. W. Whiteley and Associates" found for the Southwest corner of said 0.9601 acre CBH Properties Beaumont, LLC tract, and the POINT OF BEGINNING of the tract herein described; THENCE SOUTH 88052'27" WEST, continuing along and with the North right-of-way line of Delaware Street, for a distance of 264.85 feet to a 5/8" iron rod set for corner, said corner being the Southwest corner of the tract herein described and the Southeast comer of a proposed 1.4354 acre tract of land; THENCE NORTH 01024'16" WEST, over and across the remainder of said 40.5391 acre Dowdel Investments, Ltd. tract and along and with the Easterly boundary line of the proposed 1.4354 acre tract of land, for a distance of 202.13 feet to a 5/8" iron rod set for corner; THENCE NORTH 88052'27" EAST, continuing over and across the remainder of said 40.5391 acre Dowdel Investments, Ltd. tract and along and with the Easterly boundary line of the proposed 1.4354 acre tract of land, for a distance of 37.00 feet to a 5/8" iron rod set for corner; THENCE NORTH 01024'16" WEST, continuing over and across the remainder of said 40.5391 acre Dowdel Investments, Ltd. tract and along and with the Easterly boundary line of the proposed 1.4354 acre tract of land, for a distance of 177.83 feet to a 5/8" iron rod set for comer, said corner being in the South line of the remainder of that certain called 2.727 acre tract of land EXHIBIT "A" as described in a "Drainage Easement" from Amoco Production Company to Jefferson County Drainage District No. 6 as recorded under Clerk's File No. 1999047796, Official Public Records of Real Property, Jefferson County, Texas; THENCE NORTH 88049'09" EAST, along and with the boundary between the remainder of said 40.5391 acre Dowdel Investments, Ltd. tract and the remainder of said 2.727 acre Jefferson County Drainage District No. 6 easement, for a distance of 227.90 feet to a 5/8" iron rod with stamped "M.W. Whiteley & Associates" found for corner, said corner being the Northwest corner of said 0.9601 acre CBH Properties Beaumont, LLC tract and the Northeast corner of the remainder of said 40.5391 acre Dowdel Investments, Ltd. tract; THENCE SOUTH 01023'48" EAST, along and with the boundary between the remainder of said 40.5391 acre Dowdel Investments, Ltd. tract and said 0.9601 acre CBH Properties Beaumont, LLC tract, for a distance of 380.19 feet to the POINT OF BEGINNING and containing 2.1599 Acres, more or less. .e 2257-P: Consider a request for a Specific Use Permit to allow a mini storage GC -MD (General Commercial -Multiple Family Dwelling District) zoning. iplicant: Zachery Rowe -Mark W. Whiteley and Associates, Inc. cation: 6160 Delaware Street 0 100 200 300 400 1 1 1 1 1 1 Feet i jLegend ® 2257P BANKSTON LN G2 i R=S -- i i �i I GRACEMOUNTLN 0 rnr R -S GC -MD i P_U-D i� DELAWARE ST R -S RM -H EXHIBIT "B" DUMPSTER W/ SCREEN WALLS 0_ 1 15' REAR SETBACK 1 . I ' I / 45.00 CALLED 1.4354 ACRES ----m- I�c�) OUT OF AND PARTOF REMAINDER OF ES- 40.5391 DOWDELEDINVESTMENTSCRLTD. : iju) CF. NO. 1999047%4 —� 1'0 OPRJC I oI � I coQ I pP PROPOSED "GOODWILL INDUSTRIAL ~SOUTHEAST TEXAS— _ ....... it I S 88'52'27" W ,.._ 37.00' F -- -- c� I � PROPNTOSED z m F1R IQHYDRAI w L� U LL N_ I a_ i :_..EL .. Q a Y Ln -- p N IQ z 82.00 Lu :L toi IW I I NI(n I z I 92.05 I SIGN PER SEC. 28.04.003 S 88°49'09" W 227.90' 45.05' 26' FIRELANE-1 -� Lr, M 100.00' o 0 MINI STORAGE 3 STORY 119,840 G.S.F. 36' ROOF EVE HT. FND 2.1599 ACRES REMAINDER OF CALLED 40.5391 ACRES DOWDEL INVESTMENTS LTD. CF. NO. 1999047/99 OPRJC i ~ I J W N j w OFFICE N � o I to w cD 35' 104. 92' \— REMAINDER OF C) CALLED 2.727 ACRES JEFFERSON COUNTY DRAINAGE DISTRICT NO.- 11 CF. NO. OPRJC 047796 37.89 45.00' 0 0 Ln M 32.89 it o o 1- n 20' FRONT SETBACK -- -- -------"'-- 26 FIRELANE------° 63.02 DELAWARE STREET (100' R.O.W.) DOWDEL INVESTMENTS, LTD. 7R SCALE SNEEf No.: sots 1 "= 50' 1 of 2 16-242 1 16 -242 -SUP Sketch.DWGI 1 MARK W. WlITEEM AND ASSOCIATES ® INCORPORATED 'CONSULTING ENGDWRS, SURVEYDRS, AND PLANNERS T.B.PaS. FIRM NO. 10106700 0 T.B.P.E. FMM NO. F-2633 9250 XA= FM. EXHIBIT "C" "��''��' A a�-3555 32.89 PROPOSED MINI STORAGE SITE PLAN 6160 DELAVARE STREET BEAUMONT, TEXAS 2.1599 ACRE TRACT OUT OF HEZEKfAH W=AMS ABSTRACT NO. 56 BEAUMONT, JET M30N COUNTY, TEXAS Cc rd O .0 rn O U 0 '9 WZrn 'L3 Ute, bo Q 2 C6 Om �� ami v1NQ V o� O u) J CLQ U [i V N U cd O N � PROPOSED MINI STORAGE SITE PLAN 6160 DELAVARE STREET BEAUMONT, TEXAS 2.1599 ACRE TRACT OUT OF HEZEKfAH W=AMS ABSTRACT NO. 56 BEAUMONT, JET M30N COUNTY, TEXAS 2 March 29, 2016 Consider a request for a Specific Use Permit to allow a real estate, property management office in RCR-H (Residential Conservation Revitalization -Historic District) at 2595 Liberty Avenue BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager G)1 PREPARED BY: Chris Boone, Planning & Community Development Director MEETING DATE: March 29, 2016 REQUESTED ACTION: Council consider a request for a Specific Use Permit to allow a real estate, property management office in RCR-H (Residential Conservation Revitalization -Historic District) at 2595 Liberty Avenue. BACKGROUND Toni Sigee is requesting to use the building located at 2595 Liberty Avenue as her property management office. The proposed office hours will be Monday -Saturday loam-7pm. Ms. Sigee also owns and operates a food truck, which she hopes to open at this location, on occasion. Due to her work schedule, the days she opens would vary, about 10 days per month. When the truck is open for business, the hours of operation would also be l Oam-7pm. The truck operates on a gasoline powered generator. The building in question is commercial and as such, the office use would be compatible with the surrounding uses. However, a food truck, in this close proximity to residential uses would not be appropriate. At a Joint Public Hearing held on March 21, 2016, the Planning Commission recommended 8:0 to approve a Specific Use to allow a real estate, property management office in RCR-H (Residential Conservation Revitalization -Historic District), and deny the food truck at 2595 Liberty Avenue. FUNDING SOURCE Not applicable. RECOMMENDATIONS Approval of the real estate, property management office and denial of the food truck. SPECIFIC USE PERMIT APPLICATION BEAUMONT, TEXAS (Chapter 28, City Codes) TO: THE PLANNING COMMISSION AND CITY COUNCIL, CITY OF BEAUMONT, TEXAS APPLICANT'S NAME: I (?t1; L Sace_ _ APPLICANT'S ADDRESS: , APPLICANT'S PHONE #: FAX #: NAME OF OWNER: Ion; L &ee. ADDRESS OF LOCATION OF PROPERTY: I -;k iQ %f• % LEGAL DESCRIPTION OF PROPERTY: LOT NO. I ?�, i-y�'�z'�' � �,G� OR BLOCK NO. 41 ADDITIONY Pf 1 NUMBER OF ACRES C 5 l� Lt 60�7-y'�� TRACT PLAT ' SURVEY NUMBER OF ACRES For properties not in a recorded subdivision, submit a copy of a current survey or plat showing the properties proposed for a specific use permit, and a complete legal field note description. PROPOSED USE:.ZONE: /2c/j—/q ��P t2 d'ltT z Footer ATTACH A LETTER describing all processes and activities involved with the proposed uses. ATTACH A SITE PLAN drawn to scale with the information listed on the top back side of this sheet. ATTACH A REDUCED 8 %" X 11" PHOTOCOPY OF THE SITE PLAN. THE EIGHT CONDITIONS listed on the back side of this sheet must be met before City Council can grant a specific use permit. PLEASE ADDRESS EACH CONDITION IN DETAIL. ATTACH THE APPROPRIATE APPLICATION FEE: LESS THAN V2 ACRE.................................................................$250.00 '/Z ACRE OR MORE AND LESS THAN 5 ACRES...................$450.00 5 ACRES OR MORE...................................................................$650.00 I, being the undersigned applicant, understand that all of the conditions, dimensions, building sizes, landscaping and parking areas depicted on the site plan shall be adhered to a# amended and approved by City Council. SIGNATURE OF APPLICANT; SIGNATURE OF PLEASE TYPE OR PRINT AND SUBMIT TO FILE NUMBER: DATE: A l q- 16 NOT APPLICANT) DATE: Op e7-1( z:' CITY OF BEAUMONT PLANNING DMSION 801 MAIN STREET, ROOM 201 BEAUMONT, TX 77701 DATE RECEIVED: Phone - (409) 880-3764 Fax - (409) 880-3133 PLEASE MAKE NOTE ON REVERSE SIDE OF CONDITIONS TO BE MET REGARDING THE SITE PLAN AND LETTER OF PROPOSED USES AND ACTIVITIES. SECTION 28.04.001. Toni Sigee 290 N. 10th Street Beaumont, Texas 77710 Toni Sigee is requesting a conditional use permit to operate a general office from the above address which is already deemed commercial property but is not zoned as needed. Property Use Description: "REAL, COMM (HOTEL/STORE/OFFC)". Legal Description: AVERILL LT 13 TR 2 NW 33.39'X 54.9'B47. 1. Using this building as a general off is compatible with the surrounding residential and commercial area and will not be injurious to the use and enjoyment of other property, nor diminish or impair property values within the immediate vicinity. I believe a general office will be well suited and in harmony with the immediate residential and commercial area. A general office in this area will not cause harm to the residential area in any way. A general office in this area will not decrease/reduce or have a negative effect on the property value in this residential area. 2. The establishment of the specific use will not impede the normal and orderly development and improvement of surrounding vacant property. This building has been in existence since 1968. A general office will not delay, prevent or hinder the normal and orderly development or improvement of surrounding vacant property. As I walked the immediate area, I noticed all the areas are developed. I believe that the remodeling of this building will only aid in beautifying the area. The repairs will be contained inside of the building with the exception of painting the outside of the building. The building will consist a desks, chairs with 4 parking spaces with one being a handicap. 3. The building has adequate utilities, access roads, drainage and other necessary supporting facilities have been provided. The general office will be in an existing building and will be remodeled to fit a specific use of the building. The access roads, drainage and other necessary supporting facilities have existed since 1968. This is not a new construction. The property is served by an existing storm water collection system. The property is served by municipal water and wastewater. 4. The design, location and arrangement of all driveways and parking spaces provides for the safe and convenient movement of vehicular and pedestrian traffic without adversely affecting the general public or adjacent development. The parking lot has 4 parking asphalt spaces in which cars can turn off North 10the Street into the parking lot without any problems. Parking and vehicle driveway will be located away from the building entrances and street corners and not between a building entrance and the street. North 10th Street is not a busy street so it will allow cars to exit the parking lot without problems. There is a sidewalk provided for the pedestrians to help ensure their safety. The parking lot has been there since 1968; therefore the parking lot of the general office will not affect the general public or neighboring properties.. All parking will be in the rear of the building. 5. Adequate nuisance prevention measures have been or will be taken to prevent or control offensive order, fumes, dust, noise and vibration. The proposed use will not generate any offensive odor, fumes, dust, noise, or vibrations that will be a nuisance to neighboring properties. 6. Directional lighting will be provided so as not to disturb or adversely affect neighboring properties. There is a street light on the back of the building so that the parking lot isn't completely dark. There is a light at each entrance of the building. I don't believe the directional lightening provided will adversely affect neighboring properties. 7. There are some landscaping and screening to insure harmony and compatibility with adjacent property. The building consists of shrubs on two sides of the building. 8. To the best of my knowledge, the proposed use is in accordance with the Comprehensive Plan. NOTE: Please allow a waiver for any landscaping and screening requirements. ORDINANCE NO. ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A REAL ESTATE PROPERTY MANAGEMENT OFFICE AND DENYING A FOOD TRUCK OPERATION IN AN RCR-H (RESIDENTIAL CONSERVATION REVITALIZATION - HISTORIC) DISTRICT AT 2595 LIBERTY AVENUE IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS, Toni Sigee has applied for a specific use permit to allow a real estate property management office and a food truck operation in an RCR-H (Residential Conservation Revitalization -Historic) District, at 2595 Liberty Avenue, being the west 33.39' of Lot 13, Block 47, Averill Addition, Beaumont, Jefferson County, Texas, containing 0.088 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 and is recommending approval of a specific use permit to allow a real estate property management office and denying approval of a specific use permit to allow a food truck operation in an RCR-H (Residential Conservation Revitalization - Historic) District at 2595 Liberty Avenue; and, WHEREAS, the City Council is of the opinion that the issuance of such specific use permit for a real estate property management office and denying issuance of such specific use permit for the operation of a food truck 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 ordinance are hereby, in all things, approved and adopted; and, Con�i�n '1 That a specific use permit to allow a real estate property management office in an RCR-H (Residential Conservation Revitalization -Historic) District at 2595 Liberty Avenue as shown on Exhibit 'A," is hereby granted to Toni Sigee, her legal representatives, successors and assigns, as shown on Exhibit "B," attached hereto and made a part hereof for all purposes. Section 2. That a specific use permit to allow the operation of a food truck in an RCR-H (Residential Conservation Revitalization -Historic) District at 2595 Liberty Avenue as shown on Exhibit "A," is hereby denied to Toni Sigee, her legal representatives, successors and assigns, as shown on Exhibit "B," attached hereto and made a part hereof for all purposes. Section 3. That the specific use permit herein granted is expressly issued for and in accordance with each particular and detail of the site plan attached hereto as Exhibit "B" and made a part hereof for all purposes. Section 4. 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 29th day of March, 2016. - Mayor Becky Ames - File 2256-P: Consider a request for a Specific Use Permit to allow a real estate, property N management office and food truck in RCR-H (Residential Conservation Revitalization - Historic District) zoning. pplicant: Toni L. Sigee ocation: 260/290 N. 10th Street & 2596 Liberty Avenue o 100 200 I i I I Feet EXHIBIT "A" Legend 2256P RC R=H GC -MD CDj = LIBERTY AVE R -S RGR=H GC -MD I LAUREL ST O x CD� RCR-H �FR7CR-,H o GC SMD Cn GC -MD Cn RM; H �-H RM EXHIBIT "A" U 07 tw�. b�k&�e-d VY FOX �tPj QP Qr#4 or iO ,.e -IM93f 11 UT1wj q 49T 51. J1D01EP7Nr V94VANM "!PR MV BMW me aafili�fuw -:w 1w OwNsr-wW ITB Nm Wswowl of ffAm PM74M IN 4tuoict mmw LT ROMP r'AWfrM MIR- offv . M.M�F RAYM .4 AW A WJMW, M -WSW F r4& ' ist iva 11P, nt f -A ;-FAW,fi2. IAO 41r. JRaV MW' Wn-.1 Pw W" no,= MAW. -7 p yg MUM ATNkY 9UW 7D W1Wr.A' Fm Lw4.U=mPmN 7 .81E if7►Ii0€OEiGsAAG ifs =Jr.."PRAM WOW MW SrjW File 2256-P A" moaa�aid6oh W-%M�Aq mr ammmKm 017ACI�. C -N A%4'WOM W.MWOOM P Of [w, uto ftft* AM 7W %V ACDF R+li'tJ(GFF! AF Ir l!M M' MA ftffML wWfXAM ftW, TRIM W A Pte' ii' TP AV f 4 -ALL'BUVADO "WAW WED FM 7W NFOWE RU I'vas-0, NMF ipm A Awth *7 im AV& kwhmrw Gwxhc 1ZW 1w. all J& THUM 't g O'� 7Ni REX V varnw, A.W.W dZ; P. Mai 5w ..Aa ASV�IAW P AiA y �W V*- 741. 'A' d"iA* A)W VIANM EXHIBIT "B" 3 March 29, 2016 Consider a request for a Specific Use Permit to allow a cell tower in GC -MD (General Commercial -Multiple Family Dwelling District), just west of 1878 Washington Boulevard BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager C)P PREPARED BY: Chris Boone, Planning & Community Development Director MEETING DATE: March 29, 2016 REQUESTED ACTION: Council consider a request for a Specific Use Permit to allow a cell tower in GC -MD (General Commercial -Multiple Family Dwelling District), just west of 1878 Washington Boulevard. BACKGROUND David Petrakovitz, agent for T. Mobile West, is requesting a Specific Use Permit to allow a cell tower on the Garden of Gethsemane Nursery property, located just west of 1878 Washington Boulevard. In December of 2015, Mr. Petrakovitz was awarded a variance from the minimum distance requirement from residential property. Mr. Petrakovitz states that the only available commercial properties near the 1800 block of Washington Boulevard are narraow, not allowing for the required buffer, and that the proposed tower will not exceed 100 feet in height, in order to minimize the visual impact on the neighborhood. Although the tower would be approximately 156 feet from the nearest residentially -zoned property, it would be over 226 feet from the nearest residence. At a Joint Public Hearing held on March 21, 2016, the Planning Commission recommended 8:0 to approve a Specific Use to allow a cell tower in the GC -MD (General Commercial -Multiple Family Dwelling District), just west of 1878 Washington Boulevard. FUNDING SOURCE Not applicable. RECOMMENDATIONS Approval of the ordinance. SPECIFIC USE PERMIT APPLICATION BEAUMONT, TEXAS (Chapter 28, City Codes) TO: THE PLANNING COMMISSION AND CITY COUNCIL, CITY OF BEAUMONT, TEXAS APPLICANTS NAME SiCOM T— rV%e S t c� APPLICANTS ADDRESS: .A40 s AW � ��� �r•e nt -f-1- -7 Z -&gw �s APPLICANTS PHONE #: Z A -)CA o('004 FAX #: NAME OF OWNER: (11 e- awL- ADDRESS OF OWNER: I 5-77 V9Q: LOCATION OF PROPERTY: LEGAL DESCRIPTION OF PROPERTY: LOT NO. b 44-t4. - ) 111 ?— BLOCK BLOCK NO. 7 - ADDITION ADDITION --G "11-A Q n� AIL NUMBER OF ACRES d •topl Q�-r+� OR TRACT - PLAT SURVEY NUMBER OF ACRES -7 7'70S For properties not in a recorded subdivision, submit a copy of a current survey or plat showing the properties proposed for a specific use permit, and a complete legal field note description. PROPOSED USE: s�I���.f ( Z �t ZONE: ATTACH A LETTER describing all processes and activities involved with the proposed uses. ATTACH A SITE PLAN drawn to scale with the information listed on the top back side of this sheet. ATTACH A REDUCED 8'/2" X 11" PHOTOCOPY OF THE SITE PLAN. THE EIGHT CONDITIONS listed on the back side of this sheet must be met before City Council can grant a specific use permit. PLEASE ADDRESS EACH CONDITION IN DETAIL. ATTACH THE APPROPRIATE APPLICATION FEE: LESS THAN/2 ACRE.................................................................$250.00 '/z ACRE OR MORE AND LESS THAN 5 ACRES...................$450.00 5 ACRES OR MORE...................................................................$650.00 I, being the undersigned applicant, understand that all of the conditions, di ensions, building sizes, landscaping and parking areas depicted on the site plan shall be adhered to as amended and approved b City Council. SIGNATURE OF APPLICANT: DATE: SIJ L'1 ` 1 Lc SIGNATURE OF OWNER: DATE: !— PLEASE TYPE OR PRINT AND SUBMIT TO: CITY OF BEAUMONT PLANNING DIVISION 801 MAIN STREET, ROOM 201 BEAUMONT, TX 77701 FILE NUMBER: DATE RECEIVED: Phone - (409) 880-3764 Fax - (409) 880-3133 PLEASE MAKE NOTE ON REVERSE SIDE OF CONDITIONS TO BE MET REGARDING THE SITE PLAN AND LETTER OF PROPOSED USES AND ACTIVITIES. AAhkhhhh.. TELECOMMUNICATIONS CONSTRUCTION SERVICES AND CONSULTING 3603 Sunlight Hill Lane Spring, Texas 77386 281-701-0604 February 9, 2016 Planning Department City of Beaumont 801 Main Street Beaumont, Texas 77701 Pyramid Network Services acting as agent for T -Mobile West, LLC, 2 Greenway Plaza, Houston, Texas 77046 hereby requests a Specific Use Permit to erect a 150' cell tower at 1820 Washington Blvd, Beaumont 77705. The proposed project would be built on 900 square feet of land under a long term lease from the Garden of Gethsemane Nursery & Landscaping Company (Mr. Micheal Alfred, Owner) per the attached site plan and survey. The tower would include antennas and radio equipment to initially accommodate T -Mobile but is designed to handle multi -carrier collocations. The site will be unmanned and as such will not require connections to the city water or sewer systems. Upon approval of the Specific Use Permit a Building Permit will be applied for. The site will be designed and engineered to meet or exceed all Federal, State and local building and safety codes including wind loading requirements. After the initial construction period it is anticipated that vehicular traffic to the site will average about one trip per month. Impact to local streets will therefore be negligible. Access to the site would actually be from Louisiana Avepue utilizing an existing curb cut and paved parking area. The proposed location is within a "GC -MD" zoned district and is surrounded to the West by a railroad line and "LI" zoned district. To the South by "GC -MD" (along Washington Blvd) and to the North and East by "RM -H" district. As the nearest residential zoning district (RM -H) is less than 200 feet from the tower centerline T -Mobile requested and after a public hearing was held was granted by the City of Beaumont Board of Adjustments (File 691 -BA) a decision on December 3, 2015 providing for a Waiver from the normally required setback distances. A copy of that Decision is included as a part of this Specific Use Permit application, Attached to the Specific Use Application are: Response to the Eight SUP conditions, a city zoning map identifying the site location, an aerial map calling out the distance to the nearest residential zoned district, an aerial map calling out the required 200' notification area, a site plan and proposed tower elevation drawings, a legal Metes and Bounds description of the T -Mobile lease area, and an 8 %2" x 11" copy of the proposed site plan. Thank you, �'_D -- PK— Dave Petrakovitz Project Manager Pyramid Network Services Agent for T -Mobile SPECIFIC USE PERMIT APPLICATION BEAUMONT, TEXAS T -Mobile 100' Cell Tower 1820 Washington Blvd CONDITION 1: That the specific use will be compatible with and not injurious to the use and enjoyment of other property, not significantly diminish or impair property values within the immediate vicinity: The granting of the requested variance would actually be in the public interest as the proposed cellular phone transmission site is designed and intended to provide enhanced phone communications to the surrounding neighborhood which has been historically underserved as regards cellular phone coverage as well as to provide better E-911 call service within the neighborhood and along the Washington Blvd corridor. The tower will be designed and constructed to meet or exceed all applicable building and safety code requirements. In an effort to stay within the intent of the City of Beaumont Tower ordinance, T -Mobile has situated the proposed tower as far from the nearest residential lot lines as possible within the constraints of the ordinance while also keeping the proposed tower as far off of the Washington Blvd right of way as possible. T -Mobile has lowered their preferred height for the tower from 150' to 100' to minimize visual impact to the neighborhood and proposes a monopole style tower rather than a multi -legged style tower which has been more commonly used in Beaumont CONDITION 2: That the establishment of the specific use will not impede the normal and orderly development and improvement of surrounding vacant property: There is one vacant lot located directly north of the parent parcel and over 150' from the tower center. Said lot is a accessed by Avenue F north of the site. The proposed tower will have no impact upon access or future development of this lot. CONDITION 3: That adequate utilities, access roads, drainage and other necessary supporting facilities have been or will be provided: There are adequate utilities, access roads and drainage in place to support the proposed facility. The proposed facility will require one new 200 amp electric service. The proposed facility will create approximately one vehicle trip on the public right-of-way per month. The proposed facility will be design with all applicable building codes adhered to including drainage and storm water run-off requirements. The proposed facility will not require fresh or waste water connections (it is an unmanned facility). CONDITION 4: The design, location and arrangement of all driveways and parking spaces provides for the safe and convenient movement of vehicular and pedestrian traffic without adversely affecting the general public or adjacent development: The proposed facility will utilize existing driveway and curb cuts and provide off street parking for use by service technicians. CONDITION 5: That adequate nuisance prevention measures have been or will be taken to prevent or control offensive odor, fumes, dust, noise and vibration: The proposed facility does not generate odors, fumes, dust, or vibrations. In the event of an emergency weather event the proposed facility may be operated for a short period of time by emergency back-up power generators. As the nearest residence is over 200 feet away and is buffered by intervening landscaping any sound generated by the emergency power system will be mitigated. Typical generator types used by wireless carriers have a sound rating of less than 72 dB at 25 feet. CONDITION 6: That directional lighting will be provided so as not to disturb or adversely affect neighboring properties: The proposed facility will have one 10' high pole mounted flood light designed to shine onto the ground mounted radio cabinets and is manually operated for short-term immediate use by a maintenance technician only. The tower itself is not lighted. CONDITION 7: That there are sufficient landscaping and screening to insure harmony and compatibility with adjacent property: Current use of the property is for the storage of landscape materials for the use of the owner's landscape business. The entire lot is surrounded by a screened fence. Any new or additional fencing required will adhere to the same style of screened security fence as is currently in place. CONDITION 8: That the proposed use is in accordance with the Comprehensive Plan: The proposed facility is designed to provide enhanced wireless high speed data and communication capabilities to the surrounding neighborhoods and highways as well as improved E911 coverage in the immediate vicinity. I HEREBY ATTEST THAT, TOT BES OF MY KNOWLEDGE, MY REQUEST MEETS THE CONDITIONS STATZD Applicant's signature: Date: Phone # 281-701-0604 Fax: 832-764-0559 ZONING: RM—H I ZONING: RM—H EXISTING RAILROAD RIGHT OF WAY + --I ZONING:' RM—H I ZONING: RM—H N r ZONING: RM—H I ZONING: RM—H pOgTING HOUSE 200'-0' RFSIOEI ML SET X �\ ZONING: RM—H EXISTING, Y 30,-0' COMPOUND/LEASE AREA \ HOUSE / \ \ FJ(ISI1N0 ZONING: RM—H HOUSE / \ Z ZONING: GC—MD \ �' EXISING ' .O \ ZONING• HOUSE PROPOSED POWER POLE ,_5. 1 RM—H ~ PROPOSED 100'-0• MONOPOLE L N I ,RE: 1/C-2 — N \ m I ZONING: i11 EXI5TIEG iv EK EM TREE 1 AINX / EXISTING EXISTING COMMERCIAL BUILDINGS HOUSE ZONING: i \ 20 20'-9' GC—MO—MO / EXISTING —� f \ 514V_Z. CONCRETE �� 1 PARKING � 1 LOT TIN1 EXISG \ ACCESSGIRAVEL DRIVE / ' ZONING: I ZONING: ZONING: ZI • RM—H ' RM—H 1 I GC—MD ' RM—H ' I \ ZONING: \ GG—MD --1 EXISTING SRE ACCESS J WASHINGTON BLVD ,� OVERALL SITE PLAN SCALE 1/64" =' 1'-0" N b' -; B*T GRP S&T ENGINEERING, INC. F-9883 Explree 12/31/15 THIS DOCUMENT IS PRELIMINARY IN NATURE AND IS NOT A FINAL, SIGNED AND SEALED DOCUMENT I 1XE�ME wTNY VHOtR N¢ gR2TON Of (Hsm PROiFSvdYl OIgNFOt m KR[11 iMet Oq.LYdf. S[E=NUmmm C-1 06 0 PROIECTNO: 99M3A91 C8RCL03D BY.. MLA ISSUED FOR pkv uNE DR oESCRPfR)R A 31/15 RPS P11r11MYiRR/ "'m S&T ENGINEERING, INC. F-9883 Explree 12/31/15 THIS DOCUMENT IS PRELIMINARY IN NATURE AND IS NOT A FINAL, SIGNED AND SEALED DOCUMENT I 1XE�ME wTNY VHOtR N¢ gR2TON Of (Hsm PROiFSvdYl OIgNFOt m KR[11 iMet Oq.LYdf. S[E=NUmmm C-1 ORDINANCE NO. ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A CELLULAR TOWER IN A GC -MD (GENERAL COMMERCIAL -MULTIPLE FAMILY DWELLING) DISTRICT JUST WEST OF 1878 WASHINGTON BOULEVARD IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS, David Petrakovitz, on behalf of T. Mobile West, has applied for a specific use permit to allow a cellular tower in a GC -MD (General Commercial -Multiple Family Dwelling) District, just west of 1878 Washington Boulevard, being the SW '/4 of Block 2F, Cartwright Addition, Beaumont, Jefferson County, Texas, containing 0.980 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 and is recommending approval of a specific use permit to allow a cellular tower in a GC -MD (General Commercial -Multiple Family Dwelling) District just west of 1878 Washington Boulevard; 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 ordinance are hereby, in all things, approved and adopted; and, Section 1. That a specific use permit to allow a cellular tower in a GC -MD (General Commercial -Multiple Family Dwelling) District just west of 1878 Washington Boulevard shown on Exhibit "A," is hereby granted to T. Mobile West, 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" 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 29th day of March, 2016. - Mayor Becky Ames - File 2255-P: Consider a request for a Specific Use Permit to allow a cell tower in GC -MD General Commercial -Multiple Family Dwelling District) zoning. Applicant: T -Mobile West (David Petrakovitz/Agent) Location: Approximately 150' west of 1878 Washington 0 100 200 1 1 1 1 Feet Al EXHIBIT "A" ZONING: RM -H I ZONING: RM -H EXISTING RAILROAD RIGHT OF WAY -- -- ' I ZONING:' RM -H I ZONING: RM -H N ZONING: RM -H I ZONING: RM -H EXISTING -- 200'-0' RESIDENTIAL SET / \\ ZONING: RM -H TJ(LSTIN6 \ 30'-0" COMPOUND/LEASE AREA \ NOUSE I / \ IXISRND - \ ZONING: RAI -H HOUSE / z \ ZONING: GC -MO ZONING: f7USDN0 I HOUSE PROPOSED PG : POLE -B, 1 - PROPOSED 100'-0" MONOPOLE N I RE: 1/0-2 - N " I ON H EMO E TO �REMAIN EXISTING COMMERCIAL BUILDING'ZONING: HOUSE I �y ZONING: c C -MD_ EXISTING ONING CONCRETE o f PARKING LOT T -- EXISTING /y GRAVEL ZONING ACAS ZONING: -- �GC-MD EXISTING SfTE ACCESS I J ZONING: ' ZONING: ZONING: ONI G: I RM -H I GC -MD RM -H i WASHINGTON BLVD �1 OVERALL SITE PLAN i SCALE: 1/84" = 1'-0" N -, B+T GRP rr bile; _ CHECBHD BY, m ISSIIED FOR W THIS DOCUMENT IS PRELIMINARYIN NATURE AND IS NOT A FINAL, SIGNED DOCUMENT SIRBHT NUMBHIO IREVIS10C-1A Q �e O rn w zt z o a/ 8 �:,l 0 m Imo' CTTS PROJECTNO: "40A 1 CHECBHD BY, m ISSIIED FOR W THIS DOCUMENT IS PRELIMINARYIN NATURE AND IS NOT A FINAL, SIGNED DOCUMENT SIRBHT NUMBHIO IREVIS10C-1A I � i I PROPOM FOMR POLE I I �( I I I EXISTING RAILROAD RlGtff OF WAY 30'-0" I PROPOSED COMPOUND/LEASE AREA tl X tt I G � PROPOSED 12' GdaiE � o 1 o x PROPOS POWER PM E x I PROPOSED`-� MONOPOLE 44 \ I Q DIRECT BURIAL ME BRIDGE x I II ALT P/N: 2166-36 I \ may-- o z I/ 9 O PROPOSED PPC GM U PROPOSED T-MMILE o 8'-0"x!0'-0" EQUIPMeff a I ` PLATFORM IN 14 -0'x t 6 -D o LEASE AREA x EX'.7W, FBM SECui N TO BE 1RBAOVM LOCA710M FOR DGSTM !I x tt 24'-1' A.iCESa GATE i X I I � t i I EXISTING 24'-1' ACCESS PROPOSED LOCATION FOR I GATE TO BE RELOCATED EXISTING 24!-1' ACCESS GATE I I I I I EXISTING ACCESS ROAD O PROPOSED Ami ROAD EXTENSION I COMPOUND PLAN SCALE: 3/32file 2255-P � I I I SHEET TITLE I .. _, SOT GRP: ' I BOULDERIII 1717 S. BO ( � � . 5" ALFRED I COMPOUND PLAN PRO)ECTNO: 99443.001 SUITE 300 _ y I A3H0089 74119 TULSA, 87-46 � PH: (918)8) 587-4630 I I DRAWN BY: DLJ CHF,CF F.D BY: MRH www.btgrp.com i March 29, 2016 Consider a request to abandon a portion of a 20' waterline easement to widen the Major Drive right-of-way and roadway TEXAS TO: City Council FROM: Kyle Hayes, City Manager LA PREPARED BY: Chris Boone, Planning & Community Development Director MEETING DATE: March 29, 2016 REQUESTED ACTION: Council consider a request to abandon a portion of a 20' waterline easement, Beaumont, Jefferson County, Texas. BACKGROUND The State of Texas has acquired land for the purpose of widening the Major Drive right-of-way and roadway. The City of Beaumont has an existing 20' waterline easement, formerly located on private property, whis now left in the right-of-way and poses an obstacle to the proposed improvements. A new waterline easement has been created to accommodate the City utilities. A request has been made to abandon that portion of the original easement that is now located in the right-of-way. At a Joint Public Hearing held on March 21, 2016, the Planning Commission recommended 8:0 to approve a request to abandon a portion of a 20' waterline easement. FUNDING SOURCE Not applicable. RECOMMENDATIONS Approval of the ordinance. APPLICATION FOR RIGHT-OF-WAY OR UTILITY EASEMENT ABANDONMENT CITY OF BEAUMONT, TEXAS THIS IS AN APPLICATION TO ABANDON A: RIGHT-OF-WAY (ROW), UTILITY EASEMENT (IJE) OR RIGHT-OF-WAY BUT RETAIN UTILITY EASEMENT. NAME OF APPLICANT: COB IPI. bl(G NC)rrs PHONE: BSo, 3705 FAX: M, 373% - AUTHORITY OF APPLICANT: Owner --of- Ea5cmcwd NAME OF OWNER: C (4-m OT CeauX( act ADDRESS:'901 M41rl Sf, Br4 TX 11701 PHONE: $80, 3795 FAX: 8$0, 373a ALL OWNERS ABUTTING THE ROW OR UE MUST SIGN WRITTEN REQUEST. (PLEASE ATTACH PROPERTY OWNER'S LIST TO THE APPLICATION) DESCRIPTION OF ROW OR UE TO BE ABANDONED: PRESENT USE OF ROW OR UE (LIST UTILITIES IF PRESENT) Walert ( nC, ATTACH A LETTER STATING THE REASONS FOR THE ABANDONMENT. LEGAL DESCRIPTION OF PROPERTY: LOT N0. OR BLOCK NO. ADDITION PLAT SURVEY ATTACH A MAP OR PLAT DELINEATING THE PUBLIC ROW OR UE TO BE ABANDONED AND THE LEGAL DESCRIPTION OF ADJACENT PROPERTY (DIMENSIONED AND TO ENGINEERING SCALE). ATTACH THE $300.00 APPLICATION FEE, THE ACTUAL COST OF NECESSARY APPRAISALS AND TITLE COMMITMENTS. IF PROPERTY IS ABANDONED, APPRAISED VALUE OF THE FEE INTEREST IN THE PROPERTY SHALL BE CHARGED. TO THE BEST OF MY KNOWLEDGE, THE ABOVE INFORMATION IS TRUE AND CORRECT. SIGNATURE OF APPLICANT:y��i f? �r� DATE: Z /zZ PLEASE TYPE OR PRINT AND SUBMIT TO: PLANNING DIVISION, ROOM 205 CITY HALL, 801 MAIN STREET BEAUMONT, TX 77701 FILE NUMBER: 8 (y5 P.O. BOX 3827 77704 DATE RECEIVED: (409) 880-3764 FAX (409) 880-3133 RECEIPT NUMBER: DESCRIPTION OF A 0.259 ACRE TRACT OF LAND IN THE SAMUEL STIVERS SURVEY, ABSTRACT NO. 51 JEFFERSON COUNTY, TEXAS All that certain tract of land lying and being situated in Jefferson County, Texas, part of the SAMUEL STIVERS SURVEY, ABSTRACT NO. 51, and being a part of that certain tract of land herein referred to as the "1.148 acre" tract, which said 1.148 acre tract is described in that certain instrument from Mickey Phelan B Land L.P. to the State of Texas, acting by and through the Texas Transportation Commission, and recorded in County Clerks File No. 2002006640 of the Official Public Records of Jefferson County, Texas and also being a part of that certain 5.124 acre tract of land herein referred to as the "5.124 acre" tract, which said 5.124 acre tract is described in that certain instrument, describing a twenty foot wide easement, from J.H. Phelan, et al to the City of Beaumont and recorded in Volume 1900, Page 227 of the Deed Records of Jefferson County, Texas with the said herein described tract being more particularly described as follows: BEGINNING at a Texas Highway Department Type II right of way monument found at the intersection of existing East right of way line of F.M. Highway 364 and the northwesterly right of way line of Interstate Highway 10 and being in the southwesterly line of said 5.124 acre tract and being the South corner of said 1.148 acre tract; THENCE in a northwesterly direction with the southwesterly line of said 1.148 acre tract, being the former northwesterly right of way line of Interstate Highway 10, and the southwesterly line of the said 5.124 acre tract along a curve with a central angle of 26°43'34" to the right, with a radius of 485.87 feet for a distance of 226.64 feet to an iron rod found at the intersection with the former East right of way line of F.M. Highway 364 and being the southwest corner of said 1.148 acre tract, the chord for said curve being North 32041'01" West and 224.59 feet in length; THENCE North 02035'53" West along and with the said former East right of way line of said F.M. Highway 364, being the West line of said 1.148 acre tract and the west line of said 5.124 acre tract for a distance of 335.17 feet to a iron rod found for an angle point; THENCE North 02040'38" West continuing with said former East right of way line of F.M. Highway 364, being the West line of said 1.148 acre tract and the west line of said 5.124 acre tract for a distance of 254.57 feet to a Texas Highway Department Type II right of way monument found for the North corner of said 1.148 acre tract and the North corner of the herein described tract; _' SCHAUMBURG & POLK,iNc. THENCE in a southeasterly direction along and with the existing southwest right of way line of F.M. 365 being the East line of said 1.148 acre tract and being in a curve to the left with a central angle of 06°53'28" and a radius of 2789.79 feet, for an arc distance of 335.53 feet to a point for corner at the intersection with the east line of said 5.124 acre tract, the chord of said curve being South 06°04'39" East and 335.32 feet in distance; THENCE South 02035'53" East along and with the East line of said 5.124 acre tract, being 20 feet perpendicular distance East from said former East right of way line of F.M. Highway 365, being the West .line of said 1.148 acre tract, for a distance of 252.07 feet to a point of curvature of a non -tangent curve with a central angle of 2112'24" to the right, with a radius of 465.87 feet; THENCE along and with said curve to the left, and being 20 feet parallel northeastward from the said southwesterly line of said 1.148 acre tract and being the northeasterly line of said 5.124 acre tract, for an arc distance of 172.43 feet, the chord for said curve being South 30°16'54" East and 171.45 feet in length to a point in the East line of said 1.148 acre tract; THENCE along and with the East line of the said 1.148 acre tract and being in a non -tangent curve with a central angle of 00°58'16" to the right, with a radius of 2789.79 feet, an arc distance of 47.29 feet and a chord distance of 47.28 feet which bears South 18°28'16" East back to the Point of Beginning and containing 0.259 acres of land. �� II SCHAUMBURG c POLK,wc. P.O.B. 0.259 ACRES 00 ON t PATRICK HENRY PHELAN AND MICHAEL ARTHUR PHELAN TRUSTEES 631.00 ACRE TRACT VOL: 2163, PG. 107 � i 1 i r�(pt N •ZO -'� �� .0 C3�i'' ZxpOt R.�• LINE TABLE No. BEARING DIST. Li N 02'35'53" W 335.17' ON 0740'38" W 254.57' OS 02'35'53" E 252.07' LEGEND Q TxDOT MONUMENT " IRON ROD FM 364 (MAJOR DRIVE) TxDOT R.O.W. (FORMER) CURVE TABLE No. CURVE DATA A= 26'4334" R= 485.87' C1 L= 226.64' CHORD= N 32'41'01" W 224.59' �= 06'53'28" C2 R= 2789.79' L= 335.53' CHORD= S 06'04'39" E 335.32' �= 21'12'24" C3 R= 465.87' L— 172.43' CHORD= S 30'16'54" E 171.45' �= 00'58'16" C4 R— 2789.79' L= 47.29' CHORD= S 18'28'16" E 47.28' EXISTING 20' EASEMENT (5.124 AC. EASEMENT) PATRICK HENRY PHELAN AND MICHAEL ARTHUR PHELAN 228.67 ACRE TRACT FILE • N0. 100-28-1987 PLAT of 0.259 ACRE TRACT IN THE S. STIVERS SURVEY, ABSTRACT No. 51 BEAUMONT, JEFFERSON COUNTY, TEXAS . 0 30 60 120 �51s4 AUM BURG 6 POLK,vs ORDINANCE NO. ENTITLED AN ORDINANCE VACATING AND ABANDONING A 20' WATERLINE EASEMENT, CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS, the City of Beaumont Public Works Department has requested the abandonment of a 20' waterline easement, City of Beaumont, Jefferson County, Texas, as described in Exhibit "A" and shown on Exhibit "B," attached hereto; and, WHEREAS, the City Council has considered the purpose of said abandonment and is of the opinion that the dedicated waterline easement is no longer necessary for municipal street purposes and the abandonment of said dedicated waterline 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 20' waterline easement, City of Beaumont, Jefferson County, Texas, as described in Exhibit "A" and shown on Exhibit "B," 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 29th day of March, 2016. - Mayor Becky Ames - LEGAL DESCRIPTION FOR ORDINANCE PURPOSES All that certain tract of land lying and being situated in Jefferson County, Texas, part of the SAMUEL STIVERS SURVEY, ABSTRACT NO. 51, and being a part of that certain tract of land herein referred to as the "1.148 acre" tract, which said 1.148 acre tract is described in that certain instrument from Mickey Phelan B Land L.P. to the State of Texas, acting by and through the Texas Transportation Commission, and recorded in County Clerks File No. 2002006640 of the Official Public Records of Jefferson County, Texas and also being a part of that certain 5.124 acre tract of land herein referred to as the "5.124 acre" tract, which said 5.124 acre tract is described in that certain instrument, describing a twenty foot wide easement, from J.H. Phelan, et al to the City of Beaumont and recorded in Volume 1900, Page 227 of the Deed Records of Jefferson County, Texas with the said herein described tract being more particularly described as follows: BEGINNING at a Texas Highway Department Type II right of way monument found at the intersection of existing East right of way line of F.M. Highway 364 and the northwesterly right of way line of Interstate Highway 10 and being in the southwesterly line of said 5.124 acre tract and being the South corner of said 1.148 acre tract; THENCE in a northwesterly direction with the southwesterly line of said 1.148 acre tract, being the former northwesterly right of way line of Interstate Highway 10, and the southwesterly line of the said 5.124 acre tract along a curve with a central angle of 26043'34" to the right, with a radius of 485.87 feet for a distance of 226.64 feet to an iron rod found at the intersection with the former East right of way line of F.M. Highway 364 and being the southwest corner of said 1.148 acre tract, the chord for said curve being North 32°41'01" West and 224.59 feet in length; THENCE North 02°35'53" West along and with the said former East right of way line of said F.M. Highway 364, being the West line of said 1.148 acre tract and the west line of said 5.124 acre tract for a distance of 335.17 feet to a iron rod found for an angle point; THENCE North 02°40'38" West continuing with said former East right of way line of F.M. Highway 364, being the West line of said 1.148 acre tract and the west line of said 5.124 acre tract for a distance of 254.57 feet to a Texas Highway Department Type II right of way monument found for the North corner of said 1.148 acre tract and the North corner of the herein described tract; THENCE in a southeasterly direction along and with the existing southwest right of way line of F.M. 365 being the East line of said 1.148 acre tract and being in a curve to the left with a central angle of 06153'28" and a radius of 2789.79 feet, for an arc distance of 335.53 feet to a point for corner at the intersection with the east line of said 5.124 acre tract, the chord of said curve being South 06104'39" East and 335.32 feet in distance; THENCE South 02035'53" East along and with the East line of said 5.124 acre tract, being 20 feet perpendicular distance East from said former East right of way line of F.M. Highway 365, being the West line of said 1.148 acre tract, for a distance of 252.07 feet to a point of curvature of a non -tangent curve with a central angle of 21°12'24" to the right, with a radius of 465.87 feet; EXHIBIT "A" THENCE along and with said curve to the left, and being 20 feet parallel northeastward from the said southwesterly line of said 1.148 acre tract and being the northeasterly line of said 5.124 acre tract, for an are distance of 172.43 feet, the chord for said curve being South 30°1654" East and 171.45 feet in length to a point in the East line of said 1.148 acre tract; THENCE along and with the East line of the said 1.148 acre tract and being in a non - tangent curve with a central angle of 00158'16" to the right, with a radius of 2789.79 feet, an arc distance of 47.29 feet and a chord distance of 47.28 feet which bears South 18'28'16" East back to the Point of Beginning and containing 0.259 acres of land. m x a P.O.B. 0.259 ACRES PATRICK HENRY PHELAN AND MICHAEL ARTHUR PHELAN TRUSTEES 631.00 ACRE TRACT VOL: 2163, PG. 107 0.259 0 14ot kt •& j p( 1 C+Oo K V��'F LINE TABLE No. BEARING DIST. L1 N 02'35'53" W 335.17' ON 02'40'38" W 254.57' L3 S 02'35'53" E 252.07' LEGEND °@ TxDOT MONUMENT o IRON ROD FM 364 (MAJOR ` DRIVE) j �� TxDOT R.O.W. (FORMER) l CITY F1S MEANTf 5.124AC_= ----I CURVE TABLE No. CURVE DATA �= 26'43'34" C1 R= 485.87' L= 226.64' CHORD= N 32'41'01" W 224.59' �= 06'53'28" C2 R= 2769.79' L= 335.53' CHORD= S 06'04'39" E 335.32' �= 21'12'24" C3 R= 465.87' L= 172.43' CHORD= S 30'16'54" E 171.45' 0= 00'58'16" C4 R= 2789.79' L= 47.29' CHORD= S 18'28'16" E 47.28' TxDOT R.O.W. (EXIST.) BEAUMONT EASEMEFfT _ 4�VOL.-1900 PG. 227 D.R. of J.C. Tx. ----_ 1 [EXISTING 20' EASEMENT (5.124 AC. EASEMENT) PATRICK HENRY PHELAN AND MICHAEL ARTHUR PHELAN 228.67 ACRE TRACT FILE • NO. 100-28-1987 P LAT of 0.259 ACRE TRACT IN THE S. STIVERS SURVEY, ABSTRACT No. 51 BEAUMONT, JEFFERSON COUNTY, TEXAS 0 30 60 120 �S15CHALI UPG 6 Pom— 5 March 29, 2016 Consider amending Chapter 6 of the Business Regulations Ordinance; specifically Section 6.03.034 -Alcoholic Beverage BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tyrone E. Cooper, City Attorney MEETING DATE: March 29, 2016 REQUESTED ACTION: Council consider amending Chapter 6 of the Business Regulations Ordinance; specifically; Section 6.03.034 —Alcoholic Beverage. BACKGROUND The City amended its Alcoholic Beverage ordinance in 2014 to improve efficiency and enforcement. One of the new additions to the ordinance included a late fee provision for renewal applications received after the existing permit expired. The Texas Alcoholic Beverage Commission has determined that a late fee is not permissible. The change to the ordinance would allow for compliance with state law. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of ordinance. Sec. 6.03.034 Renewal (a) An application for renewal must be submitted thirty (30) days before the expiration date of the existing permit to the city manager on a form provided by the city for such purpose. (b) The renewal application must be submitted with the prescribed fee not to exceed one-half the state fee. ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING CHAPTER 6, SECTIONS 6.03.034 OF THE CODE OF ORDINANCES OF BEAUMONT, TEXAS, BY REPEALING SUBSECTION 6.03.034(c) ELIMINATING THE FIFTY DOLLAR ($50) LATE FEE PROVISION FOR RENEWAL OF ALCOHOL PERMIT APPLICATIONS RECEIVED AFTER EXPIRATION OF THE EXISTING PERMIT; PROVIDING FOR SEVERABILITY,- PROVIDING EVERABILITY;PROVIDING FOR REPEAL; AND PROVIDING A PENALTY. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. THAT Chapter 6, Section 6.03.034 of the Code of Ordinances be and the same is hereby amended by repealing Subsection 6.03.034(c). 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 or Ordinance of Beaumont, Texas. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 29th day of March, 2016. - Mayor Becky Ames -