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PACKET MAY 24 2016BEAUMONT TEXAS REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS MAY 24, 2016 1:30 P.M. CONSENT AGENDA * Approval of minutes — May 17, 2016 * Confirmation of committee appointments A) Approve a resolution approving the purchase of a new roof system from Texas Liqua Tech Services, Inc. for the Water Reclamation Headworks Building located at 4900 Lafin Road B) Authorize the acceptance of two (2) ten foot (10') wide Exclusive Water Line Easements located at 4135 Dowlen Road C) Authorize the acceptance of one (1) twenty foot (20') wide Exclusive Water and Sanitary Sewer Line Easement located at 3529 North Major Drive D) Approve a resolution accepting maintenance of the street, storm sewer, water and sanitary sewer improvements in Deerfield Phase IV, Subdivision U BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Keith Folsom, Facilities Maintenance Superintendent MEETING DATE: May 24, 2016 REQUESTED ACTION: Council consider a resolution approving the purchase of a new roof system from Texas Liqua Tech Services, Inc. in the amount of $79,500.00 for the Water Reclamation Headworks Building located at 4900 Lafin Road. BACKGROUND Pricing was obtained from Liqua Tech Services, Inc. utilizing the Choice Partners Cooperative Contract #15/009CG-11 procurement process. Choice Partners Cooperative provides municipalities with the means to purchase construction services at competitive prices contracted under the procurement statues of the State of Texas. The Water Reclamation Headworks Building was originally constructed in 1952. The current roof system is over twenty-five (25) years old and is experiencing several leaks due to the age of the materials. The roof system has exceeded the anticipated 20 year life expectancy, therefore it must be replaced. The new two-ply modified bitumen roof system will provide a higher insulation value, windstorm rating, and protect the building for a minimum of twenty years. The new roof system will have a twenty (20) year manufacturer's No Dollar Limit Warranty. FUNDING SOURCE Water Utilities Fund RECOMMENDATION Approval of Resolution. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Council hereby approves the purchase of a two-ply modified bitumen membrane roof system for the Water Reclamation Headworks Building located at 4900 Lafin Road from Texas Liqua Tech Services, Inc., of Houston, Texas, in the amount of $79,500 through the Choice Partners Cooperative Purchasing Program. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 24th day of May, 2016. - Mayor Becky Ames - BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Dr. Joseph Majdalani, P.E., Public Works Director J' / MEETING DATE: May 24, 2016 / REQUESTED ACTION: Council consider a resolution authorizing the acceptance of two (2) ten foot (10') wide Exclusive Water Line Easements. BACKGROUND CFT NV DEVELOPMENT, LLC has agreed to convey two (2) ten foot (10') wide exclusive Water Line Easements to the City of Beaumont. The easements are described as being a 0.004 acre tract and a 0.011 acre tract of land out of and part of Lot IA, Wal-Mart Stores Subdivision, situated in the Frederick Bigner Survey, Abstract No. 1. The water line easements are for the construction of the new Panda Express located at 4135 Dowlen Road. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of resolution. RESOLUTION NO. WHEREAS, CFT NV Developments, LLC has agreed to convey two (2) ten foot (10') wide exclusive water line easements, said easements being a 0.004 acre tract and a 0.011 acre tract of land out of and part of Lot 1A, Wal-Mart Stores Subdivision, situated in the Frederick Bigner Survey, Abstract No. 1, as described and shown in Exhibit "1," attached hereto, to the City of Beaumont for the construction of a new Panda Express restaurant located at 4135 Dowlen Road; and, WHEREAS, the City Council has considered the purpose of said conveyances and is of the opinion that the acceptance of said conveyances are necessary and desirable and that same should be accepted; 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 two (2) ten foot (10') wide exclusive water line easements conveyed by CFT NV Developments, LLC, being a 0.004 acre tract and a 0.011 acre tract of land out of and part of Lot 1A, Wal-Mart Stores Subdivision, situated in the Frederick Bigner Survey, Abstract No. 1, as described and shown in Exhibit "1," attached hereto, be and the same are hereby, in all things, accepted for the stated purposes. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 24th day of May, 2016. - Mayor Becky Ames - STATE OF TEXAS X COUNTY OF JEFFERSON X KNOW ALL MEN BY THESE PRESENTS: WATER LINE EASEMENT THAT, CFT NV Developments, LLC, a Nevada limited liability company, hereinafter called "GRANTOR", whether one or more, for and in consideration of the sum of ONE AND NO/100 DOLLAR ($1.00), and other good and valuable consideration to us in hand paid by the CITY OF BEAUMONT, a municipal corporation domiciled in Jefferson County, Texas, hereinafter called "GRANTEE", the receipt and sufficiency of which consideration is hereby acknowledged, has GRANTED, SOLD and CONVEYED, and by these presents does GRANT, SELL and CONVEY unto the CITY OF BEAUMONT, P. O. Box 3827, Beaumont, Texas 77704, Jefferson County, Texas, its successors and assigns, a perpetual, exclusive, water line easement (the "Easement') to construct, alter, and maintain waterlines and related appurtenances on the hereinafter described lands which said easement is under, over, in and across those certain tracts or parcels of land owned by GRANTOR situated in the County of Jefferson, State of Texas, and being more particularly described in Exhibit "A & B", attached and made a part hereof for all purposes (the ""Easement Area"). The Easement herein granted shall be used for the purpose of placing, constructing, operating, repairing, rebuilding, replacing, relocating, and/or removing water lines and related appurtenances in the Easement Area, and, it is expressly understood and agreed that the City of Beaumont shall have the right of reasonable ingress to and egress from the Easement Area and use of the same for the purposes aforesaid; provided, however that Grantee use of the Easement and the rights appurtenant thereto shall in no event unreasonably interfere with or hinder the EXHIBIT 1" business operations on the Grantor's adjacent property and/or Grantor's ingress and egress thereto. Grantor reserves the right to continue to use and enjoy the surface of the Easement Area for all purposes that do not interfere with or interrupt the use or enjoyment of the Easement by Grantee for the purposes provided herein, including but not limited to the right to place surfacing materials over and across the Easement Area and to use the same for parking areas, driveways, walkways or sidewalks, landscaping and/or lighting; provided, however, no permanent buildings may be placed on the Easement Area. Notwithstanding the foregoing, Grantee shall not be responsible for the repair and replacement of any improvements placed by Grantor within the Easement Area and the same shall be repaired and maintained by Grantor, at Grantor's sole cost and expense. The conveyance of the Easement granted herein is made by Grantor and accepted by Grantee subject to any and all existing easements, covenants, rights-of-way, conditions, restrictions, outstanding mineral interests and royalty interests, if any, in the Easement Area of record in the office of the County Clerk of the County of Jefferson (collectively, the "Permitted Exceptions"). This Easement may be amended or terminated only by the written consent of the parties hereto, or their respective successors and assigns. TO HAVE AND TO HOLD the above described easement and right-of-way unto the said CITY OF BEAUMONT, its successors and assigns forever, by, through, or under Grantor, but not otherwise, subject to the Permitted Exceptions. [Signature Page Follows] EXECUTED this ��' day of 1 )2016. GRANTOR: CFT NV Developments, LLC, a Nevada limited liability company By: C/ `'ems Printed Name: I Title: Manager APPROVED AS TO FORM BY RETURN TO: City of Beaumont Antoinette Hardy - Engineering P. O. Box 3827 Beaumont, TX 77704 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA ) ) ss. COUNTY OF LOS ANGELES ) On May 16, 2016, before me, JEFFERY FONG, Notary Public, personally appeared WINNIE CHAN, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(&) is/af=e subscribed to the within instrument and acknowledged to me that he/she/tom executed the same in his/her/ authorized capacity(t*, and that by #is/her/ signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my name and official seal. JEFFERY FONG CommistM N 1,129450 Notuy Pubk - Ca NWO z Lot Aw*s Countlr M Comm. k" 00 S, 2019' Jeffery o Notary Public in and for the State of California My commission expires: October 8, 2019 WATER LINE EASEMENT Re: Certain Real Property located at Beaumont, TX Signer: Winnie Chan, Manager of CFT NV Developments, LLC, a Nevada limited liability company EXHIBIT "A" LEGAL LAND DESCRIPTION 10' WATER LINE EASEMENT BEING a portion of that certain tract of land in the Frederick Bigner Survey, Abstract No. 1, City of Beaumont, Jefferson County, Texas, described as Lot 1A, Wal-Mart Stores Subdivision (hereinafter referred to as Lot 1A), an addition to the City of Beaumont, Jefferson County, Texas, according to the Plat thereof recorded in Instrument Number 2007047674, Plat Records, Jefferson County, Texas (P.R.J.C.T.), and being a portion of that certain tract of land described in a Special Warranty Deed to CFT NV Developments, LLC (hereinafter referred to as CFT NV Developments tract), as recorded in Instrument Number 2016001783, Official Public Records, Jefferson County, Texas, and being more particularly described, by metes and bounds, as follows: COMMENCING at the Southeast corner of said Lot 1A, same being the Southerly Southwest corner of that certain tract of land described in a Warranty Deed to LA TEX INVESTORS, LP, as recorded in Instrument Number 2001041210, Deed Records, Jefferson County, Texas, same also being the existing Northwesterly right-of-way line of Dowlen Road (100' right-of-way) as recorded in Volume 1711, Page 47, Deed Records, Jefferson County, Texas (D.R.J.C.T.), same being the beginning of a curve to the left, whose long chord bears South 51 degrees 18 minutes 41 seconds West, a distance of 24.59 feet; THENCE Southwesterly with the common line between said Lot 1A and the existing Northwesterly right-of-way line of said Dowlen Road and with said curve to the left having a radius of 1202.26 feet, through a central angle of 1 degrees 10 minutes 19 seconds, for an arc distance of 24.59 feet to a Southerly corner of a 20' Utility Easement as recorded in Volume 15, Page 277, P.R.J.C.T.; THENCE North 03 degrees 06 minutes 37 seconds West, departing the existing Northwesterly right-of-way line of said Dowlen Road and crossing said Lot 1A and with a Westerly line of said 20' Utility Easement, a distance of 71.03 feet; THENCE South 86 degrees 40 minutes 10 seconds West, departing the Westerly line of said 20' Utility Easement and continue crossing said Lot 1A, a distance of 46.40 feet to the East line of the aforesaid CFT NV Developments tract, same being the PLACE OF BEGINNING; THENCE South 86 degrees 40 minutes 10 seconds West crossing said CFT NV Developments tract, a distance of 18.69 feet; THENCE North 03 degrees 19 minutes 50 seconds West continue crossing said CFT NV Developments tract, a distance of 10.00 feet to the North line of said CFT NV Developments tract; THENCE North 86 degrees 40 minutes 10 seconds East with the common line between said CFT NV Developments tract and the remainder of Lot 1A, a distance of 18.69 feet to an "X" cut found in concrete pavement for the Northeast corner of said CFT NV Developments tract; THENCE South 03 degrees 19 minutes 50 seconds East continue with the common line between said CFT NV Developments tract and the remainder of Lot 1A, a distance of 10.00 feet to the PLACE OF BEGINNING. '"BANNISTER E N G I N E E R I N G 240 North Mitchell Road I Mansfield, TX 76063 1817.842.2094 1817.842.2095 fax J TBPLS REGISTRATION NO. 101931123 EXHIBIT "A" REMAINDER OF LOT 1A I I I ACCESS I WAL-MART STORES SUBDIVISION LA TEX RS, LP EASEMENT I INSTRUMENT NUMBER 2007047674 I I I INSTRUMENT NUMBER INSTRUMENTINSTRUMENT I P.R.I.C.T. I I I 2001041210 NUMBER D.R.J.C.T. 2016001784 I N860 40' 10"E 18.69' I I O.P.R.].C.T. I FOUND X- CUT' �� ' I I IN CONCRETE S03o 19 50 E 10.00 LFUTURE 10' WATER N030 19' 50 11W LINE EASEMENT I I 10.00' — S860 40' 1011W 46.40' I I I 15' BUILDING LINE_ PLACE OF I w N PER ZONING i BEGINNING I I w z 60' ACCESS EASEMENT S860 40' 10W 18.69' � � INSTRUMENT NUMBER IarZw 94-9440812 10'WATER LINE ri U a 1- I w I a v I D.R.3.C.T. I EASEMENT a N 40,926 SQUARE FEET I SHADED Mo I ? I !:1 Lu li / OR 0.940 ACRE 187 SQUARE FEET CFT NV DEVELOPMENTS, LLC I OR 0.004 ACRE �I N O / INSTRUMENT NUMBER 2016001783 I `n I O.P.R.J.C.T. REMAINDER OF LOT 1A o I / WAL-MART STORES SUBDIVISION o PORTION OF LOT lA I INSTRUMENT NUMBER 2007047674 25 I WAL-MART SORES SUBDIVISION I P.R.3.C.T.z I I I PLACE OF INSTRUMENT NUMBER I I I COMMENCING 2007047674I �JQ� I I SOUTHEAST CORNER OF P.R.J.C.T. ZQ I LOT lA, WAL MART n10 STORES SUBDIVISION ADDRESS: zIz ��1P0�� ! / / INSTRUMENT NUMBER 4135 N. DOWLEN ROAD QI� �1�' �F �l 2007047674 A=1°10'19" P.R.J.C.T. OnLu ��R=1202.26' L=24.59' / CB=S51°18'41"W �� 0 F T� J CL=24.59' S TER• Q Qo� r ..:...................... . Py MICHAEL DAN DAMS .............................. 4838 A�/�Q- ``►��V���' � Q 's'.�r • . Ess 1 �. •�O / / Q O p0��17GX, 'P IRF r: LEGEND GENERAL NOTES: O DIMENSION POINT, NOTHING FOUND OR SET 1. All bearings shown herein are Texas Coordinate System, UNLESS NOTED OTHERWISE NAD83 (CORS), Texas South Central Zone (4204). All distances O.P.R.J.C.T. OFFICIAL PUBLIC RECORDS, JEFFERSON COUNTY, TEXAS shown herein are surface distances. D.RJ.C.T. DEED RECORDS, JEFFERSON COUNTY, TEXAS P.RJ.C.T. PLAT RECORDS, JEFFERSON COUNTY, TEXAS 2. All Iron rods found (IRF) are 5/8 -inch with a plastic cap Project No. 046 -IS -03 Date: 4/27/2016 1 Page 2 of 1 Checked By: MD2 stamped "RPLS 4838", set January 2016. 10' WATER LINE EASEMENT EXHIBIT r""B A N N I S T E R 4135 NORTH DOWLEN ROAD PORTION OF LOT lA SCALE: 1" = 20' 74111111 E N G I N E E R I N G WAL-MART STORES SUBDIVISION 0' 10' 20' C 240 North Mitchell Road I Mansfield, TX 76063 1817.842.20941817.842.2095 fax CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS TBPLS REGISTRATION NO. 10193823 ImN EXHIBIT "A" uj _ a. v c u a.O,y 0 a 105 OSEDALE CO�pO za RO EDALE 0 g COLE 69 C z 96 287 0 Qo 0 0 0 EASEMENT LOCATION I I SITE I OWLEN U VICINITY MAP NOT TO SCALE B EA U M O N T, TEXAS Project No. 046-15-03 Date: 4/27/2016 Page 3 of 3 Checked By: MD2 10' WATER LINE EASEMENT EXHIBIT '"BANNISTER 4135 NORTH DOWLEN ROAD PORTION OF LOT IA 1ENGI N E E R I NG WAL-MART STORES SUBDIVISION L240 North Mitchell Road I Mansfield, TX 76063 1817.842.2094 1817.842.2095 fax CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS � TBPLS REGISTRATION NO. 10193M EXHIBIT "B" LEGAL LAND DESCRIPTION 10' WATER LINE EASEMENT BEING a portion of that certain tract of land in the Frederick Bigner Survey, Abstract No. 1, City of Beaumont, Jefferson County, Texas, described as Lot 1A, Wal-Mart Stores Subdivision (hereinafter referred to as Lot 1A), an addition to the City of Beaumont, Jefferson County, Texas, according to the Plat thereof recorded in Instrument Number 2007047674, Plat Records, Jefferson County, Texas (P.R.J.C.T.), and being more particularly described, by metes and bounds, as follows: COMMENCING at the Southeast corner of said Lot 1A, same being the Southerly Southwest corner of that certain tract of land described in a Warranty Deed to LA TEX INVESTORS, LP, as recorded in Instrument Number 2001041210, Deed Records, Jefferson County, Texas, same also being the existing Northwesterly right-of-way line of Dowlen Road (100' right-of-way) as recorded in Volume 1711, Page 47, Deed Records, Jefferson County, Texas (D.R.J.C.T.), same being the beginning of a curve to the left, whose long chord bears South 51 degrees 18 minutes 41 seconds West, a distance of 24.59 feet; THENCE Southwesterly with the common line between said Lot 1A and the existing Northwesterly right-of-way line of said Dowlen Road and with said curve to the left having a radius of 1202.26 feet, through a central angle of 1 degrees 10 minutes 19 seconds, for an arc distance of 24.59 feet to a Southerly corner of a 20' Utility Easement as recorded in Volume 15, Page 277, P.R.J.C.T.; THENCE North 03 degrees 06 minutes 37 seconds West, departing the existing Northwesterly right-of-way line of said Dowlen Road and crossing said Lot 1A and with a Westerly line of said 20' Utility Easement, a distance of 71.03 feet to the PLACE OF BEGINNING; THENCE continue crossing said Lot 1A for the following 4 courses: 1. South 86 degrees 40 minutes 10 seconds West, departing the Westerly line of said 20' Utility Easement, a distance of 46.40 feet to the East line of that certain tract of land described in a Special Warranty Deed to CFT NV Developments, LLC (hereinafter referred to as CFT NV Developments tract), as recorded in Instrument Number 2016001783, Official Public Records, Jefferson County, Texas; 2. North 03 degrees 19 minutes 50 seconds West with the East line of said CFT NV Developments tract, a distance of 10.00 feet to an "X" cut found in concrete pavement for the Northeast corner of said CFT NV Developments tract; 3. North 86 degrees 40 minutes 10 seconds East, a distance of 46.43 feet to a Westerly line of the aforesaid 20' Utility Easement; 4. South 03 degrees 06 minutes 37 seconds East with the Westerly line of said 20' Utility Easement, a distance of 10.00 feet to the PLACE OF BEGINNING. r-uBANNISTER L-""EN G 1 NEER] NG 240 North Mlfchdi Road I Mansfield, TX 76063 1817.842.2094 1917.842.2095 fax J TBPLS REGISTRATION NO. 10193823 EXHIBIT "B" REMAINDER OF LOT 1A I I ACCESS WAL-MART STORES SUBDIVISION I I EASEMENT I INSTRUMENT NUMBER 2007047674 I I LA TEX INVESTORS, LP P.R.J.C.T. I INSTRUMENT NUMBER IN NUMBER I I I I 2001041210 2016001784 I I I D.R.J.C.T, O.P.R.J.C.T. I I I I FOUND X- CUT IN CONCRETE N860 40' 10"E 46.43 503° 06' 37' E 10.00' PLACE OF S86° 40' 10"W 46.40' BEGINNING 15' BUILDING _LIN E_ _ —.I i- � -- A rzz PER ZONING I LU 10' WATER LINE I 2: Lu I �'� 60' ACCESS EASEMENT N030 19'50"W 10.00' I I Ul ¢ �-: I w N INSTRUMENT NUMBER EASEMENT I LU ^ I � Q 94-9440812 In (SHADED) I r' I a v D.R.J.C.T. 40,926 SQUARE FEET 464 SQUARE FEET I � ? I - � I / OR 0.940 ACRE I OR 0.011 ACRE c� i o J I LU r, > > CFT NV DEVELOPMENTS, LLC I I N > / INSTRUMENT NUMBER 2016001783 O.P.R.J.C.T. REMAINDER OF LOT 1A o I / WAL-MART STORES SUBDIVISION o PORTION OF LOT 1A I INSTRUMENT NUMBER 2007047674 o I I I WAL-MART STORES SUBDIVISION I P.R.J.C.T. z I I I PLACE OF INSTRUMENT NUMBER I �� I I COMMENCING 2007047674 J4, I I SOUTHEAST CORNER OF P.R.J.C.T. zl Gp� ,ti I LOT 1A, WAL-MART n z �.`O' / STORES SUBDIVISION ADDRESS: 2IZ �% L� I INSTRUMENT NUMBER 4135 N. DOWLEN ROAD o 0 �2007047674 HIS��� A=1°10'19" P.R.J.C.T. mla 4�� / R=1202.26' / L=24.59' / CB=S51°18'41"W �� "0'F* Tei J CL=24.59 ;\ c, ` ti0�11F.; 1iICHAEL ...1N DAV IS ............................. 838 ^ . IRF O LEGEND GENERAL NOTES: O DIMENSION POINT, NOTHING FOUND OR SET 1. All bearings shown herein are Texas Coordinate System, UNLESS NOTED OTHERWISE NAD83 (CORS), Texas South Central Zone (4204). All distances O.P.RJ.C.T. OFFICIAL PUBLIC RECORDS, JEFFERSON COUNTY, TEXAS shown herein are surface distances. D.R.J.C.T. DEED RECORDS, JEFFERSON COUNTY, TEXAS P.R.J.C.T. PLAT RECORDS, JEFFERSON COUNTY, TEXAS 2. All iron rods found (IRF) are 5/8 -inch with a plastic Cap Project No. 046-15-03 Date: 4/27/2016 Page 2 of 3 1 Checked By: MD2 stamped "RPLS 4838", set January 2016. 10' WATER LINE EASEMENT EXHIBIT Ir' B A N N I S T E R 4135 NORTH DOWLEN ROAD PORTION OF LOT 1A SCALE: 1' = 20' �1 E N G I N E E R I N G WAL-MART STORES SUBDIVISION 0' 10, 20"" 240 North Mitchell Road I Mansfield, TX 76063 1817.842.2094 1 817.842.2095 fax CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS TBPLS REGISTRATION NO. 10193823 EXHIBIT "B" WY v N o a 105OSEDALE CoRO PO EDALE o�� o � o g COLE 69 c z 96 287 0 Qo 0 0 0 EASEMENT LOCATION I I SITE I OWLEN 0 uj o u 3:CY VICINITY MAP NOT TO SCALE BEAUMONT, TEXAS Project No. 046-15-03 Date: 4/27/2016 Page 3 of 3 Checked By: MD2 10' WATER LINE EASEMENT EXHIBIT �7 B A N N I S T E R 4135 NORTH DOWLEN ROAD PORTION OF LOT IA --'" E N G I N E E R I NG WAL-MART STORES SUBDIVISION 240 North Mitchell Road I Mansfield, TX 76063 1817.842.2094 1817.842.2095 fax CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS J TBPt5 REGISTRATION NO. 10193M c BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Dr. Joseph Majdalani, P.E., Public Works Director 7-4 MEETING DATE: May 24, 2016 REQUESTED ACTION: Council consider a resolution authorizing the acceptance of one (1) twenty foot (20') wide Exclusive Water and Sanitary Sewer Line Easement. BACKGROUND CNA Rental Management, LLC has agreed to convey a twenty foot (20') wide exclusive Water and Sewer Line Easement to the City of Beaumont. The easement is described as being a 0.13 acre tract out of a 2.89 acre tract, situated in the A. Huston Survey, Abstract No. 33. The water and sewer line easement is for the construction of a new convenient store located at 3529 North Major Drive. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of resolution. RESOLUTION NO. WHEREAS, CNA Rental Management, LLC has agreed to convey a twenty foot (20') wide exclusive water and sewer line easement, said easement being a 0.13 acre tract out of a 2.89 acre tract, situated in the A. Huston Survey, Abstract No. 33 as described and shown in Exhibit "1," attached hereto, to the City of Beaumont for the construction of a new convenience store located at 3529 North Major Drive; and, WHEREAS, the City Council has considered the purpose of said conveyance and is of the opinion that the acceptance of said conveyance is necessary and desirable and that same should be accepted; 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 a twenty foot (20') wide exclusive water and sewer line easement conveyed by CNA Rental Management, LLC, being a 0.13 acre tract out of a 2.89 acre tract, situated in the A. Huston Survey, Abstract No. 33 as described and shown in Exhibit "1," attached hereto, be and the same is hereby, in all things, accepted for the stated purposes. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 24th day of May, 2016. - Mayor Becky Ames - STATE OF TEXAS X KNOW ALL MEN BY THESE PRESENTS: COUNTY OF JEFFERSON X WATER AND SEWER LINE EASEMENT THAT, CNA RENTAL MANAGEMENT, LLC, a Texas limited liability company, hereinafter called "GRANTOR", whether one or more, for and in consideration of the sum of ONE AND NO/100 DOLLAR ($1.00), and other good and valuable consideration to us in hand paid by the CITY OF BEAUMONT, a municipal corporation domiciled in Jefferson County, Texas, hereinafter called "GRANTEE", the receipt and sufficiency of which consideration is hereby acknowledged, has GRANTED, SOLD and CONVEYED, and by these presents does GRANT, SELL and CONVEY unto the CITY OF BEAUMONT, P. O. Box 3827, Beaumont, Texas 77704, Jefferson County, Texas, its successors and assigns, a perpetual, exclusive, water and sewer line easement (the "Easement") to construct, alter, and maintain waterlines and related appurtenances on the hereinafter described lands which said easement is under, over, in and across those certain tracts or parcels of land owned by GRANTOR situated in the County of Jefferson, State of Texas, and being more particularly described in Exhibit "A & B", attached and made a part hereof for all purposes (the "Easement Area") The Easement herein granted shall be used for the purpose of placing, constructing, operating, repairing, rebuilding, replacing, relocating, and/or removing water and sewer lines and related appurtenances in the Easement Area, and, it is expressly understood and agreed that the City of Beaumont shall have the right of reasonable ingress to and egress from the Easement Area and use of the same for the purposes aforesaid; provided, however that Grantee use of the Easement and the rights appurtenant thereto shall in no event unreasonably interfere with or EXIdIBIT 1" hinder the business operations on the Grantor's adjacent property and/or Grantor's ingress and egress thereto. Grantor reserves the right to continue to use and enjoy the surface of the Easement Area for all purposes that do not interfere with or interrupt the use or enjoyment of the Easement by Grantee for the purposes provided herein, including but not limited to the right to place surfacing materials over and across the Easement Area and to use the same for parking areas, driveways, walkways or sidewalks, landscaping and/or lighting; provided, however, no permanent buildings may be placed on the Easement Area. Notwithstanding the foregoing, Grantee shall not be responsible for the repair and replacement of any improvements placed by Grantor within the Easement Area and the same shall be repaired and maintained by Grantor, at Grantor's sole cost and expense. The conveyance of the Easement granted herein is made by Grantor and accepted by Grantee subject to any and all existing easements, covenants, rights-of-way, conditions, restrictions, outstanding mineral interests and royalty interests, if any, in the Easement Area of record in the office of the County Clerk of the County of Jefferson (collectively, the "Permitted Exceptions"). This Easement may be amended or terminated only by the written consent of the parties hereto, or their respective successors and assigns. TO HAVE AND TO HOLD the above described easement and right-of-way unto the said CITY OF BEAUMONT, its successors and assigns forever, by, through, or under Grantor, but not otherwise, subject to the Permitted Exceptions. [Signature Page. Follows] EXECUTED this day of 92016. GRANTOR: CNA Rental Management, LLC, a Texas limited liability company By: Printed Name: Christopher Truong Title: Member ACKNOWLEDGMENT STATE OF TEXAS X COUNTY OF JEFFERSON X This instrument was acknowledged before me on this the day of , 2016, by Christopher Truong, Member of CNA Rental Management, LLC, a Texas limited liability company, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed in the capacity therein stated on behalf of and as the act and deed of said CNA Rental Management, LLC. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day of , 2016. Notary Public, State of Texas RETURN TO: City of Beaumont Antoinette Hardy - Engineering P. O. Box 3827 Beaumont, TX 77704 FAUST Engineering and Surveying, Inc. Professional Engineers and Professional Surveyors E-MAIL ADDRESS INFO@FAUSTENG.COM 2525 Calder Street Beaumont, Texas 77702 Surveying Firm Registration No. 100024-00 Engineering Firm Registration No. 4800 Telephone (409) 813-3410 Fax (409) 813-3484 EXHIBIT A PAGE 1 OF 2 FIELD NOTE DESCRIPTION FOR A 0.18 ACRE TRACT (7,794.4 SQUARE FEET), 20' WIDE EXCLUSIVE WATER AND SANITARY SEWER EASEMENT OUT OF ALMANZON HUSTON SURVEY ABSTRACT NO. 33 JEFFERSON COUNTY, TEXAS MAY 18, 2016 THAT CERTAIN 0.18 acre tract (7,794.4 square feet) of land out of the Almanzon Huston Survey, Abstract No. 33, and being out of a 2.89 acre tract conveyed to CNA Rental Management, LLC, as described in Clerk's File Number 2015035231 of the Real Property Records of Jefferson County, Texas; said 0.18 acre tract being more particularly described by metes and bounds as follows: (BASIS OF BEARINGS IS THE TEXAS STATE PLANE COORDINATE SYSTEM, TEXAS SOUTH CENTRAL ZONE, CONVERGENCE 02°21'23", SCALE FACTOR 0.999953528, NAD 1983) BEGINNING at a 1/2" rebar found in west right-of-way line of North Major Drive; said rebar being the southeast corner of a tract conveyed to Beaumont Providence, LP, as described in Clerk's File Number 2014008926 of the Real Property Records of Jefferson County, Texas, and being the northeast corner of the herein described tract; THENCE South 02°52'54" East (called South 0001'20" West) along the west right-of-way line North Major Drive and the east line of the said CNA Rental Management, LLC, tract, a distance of 389.73 feet to a 1/2" rebar set and capped "FAUST" for the southeast corner of the herein described tract; THENCE South 87°07'06" West, a distance of 20.00 feet, to a 1/2" rebar set and capped "Faust" for the southwest corner of the herein described tract; THENCE North 02°52'54" West, a distance of 389.71 feet, to a 1/2" rebar set and capped "Faust" on the south line of the said Providence, LP, tract and the north Exhibit A 2oft EW&SSE.docx PAGE 1 EXHIBIT A PAGE 2 OF 2 line of said CNA Rental Management, LLC, tract; said rebar being the northwest corner of the herein described tract; THENCE North 87°04'43" East (called North 89°59'14" East) along the south line of the said Providence, LP, and the north line of the said CNA Rental Management, LLC, tract a distance of 20.00 feet to the POINT OF BEGINNING and containing 0.18 acres (7,794.4 square feet) of land, more or less. This description and the accompanying plat were prepared from a survey performed under the supervision of Richard F. Faust, P.E., Registered Professional Land Surveyor No. 4782 on May 18, 2016. C6 4 �:) OF T F�- Richard F. Faust, P.E. Registered Professional Land Surveyor No. 4782 cry: Po6iA................. F. FAUST �9'O9��F782 o�PvOQ. SUFi`��� PAGE 2 33.69 ACRE TRACT REMAINDER OF 44.787 ACRE TRACT CLERK'S FILE NO. 2010043851 JC.R.P.R PQ•`�' �TfTF V3•? � o•JI ................... RICHARD F, FAUST .l'.'0c_ 4782 2.89 Ocres C. F. NO. 2015035231 J C.R.P. R. SET 1/2- REBAR CAPPED N 02'5254" W 389.71' --S 87 07'06 " W 20.00' SET 1/2- 20' EXCLUSIVE WATER AND SANITARY SEWER EASEMENT REBAR 7, 794.4 Sq. Ft. CAPPED - %------- --T-'= ------ S0252'54"E 389.73'--------- -- (CALLED S 0001'20" W) REGISTERED PROFESSIONAL LAND SURVEYOR NO. 4782 SURVEY REGISTRATION FIRM NO. 100024-00 cq� At Vi ENGINEERING AND SURVEYING, INC. PROFESSIONAL ENGINEERS AND PROFESSIONAL SURVEYORS 2525 CALDER STREET . BEAUMONT, TEXAS 77702 - (409) 813-3410 ENGINEERING FIRM NO. 4800 • SURVEYING FIRM NO.ID0024-00 3529 NORTH MAJOR DRIVE EXHIBIT 8 PAGE I OF 1 TO ACCOMPANY DESCRIPTION OF A 0.18 ACRE (7,794.4 SQUARE FEET) 20 FEET WIDE EXCLUSIVE WATER AND SANITARY SEWER EASEMENT OUT OF A 2.89 ACRE TRACT ALMANZON HUSTON SURVEY, ABSTRACT Na JJ B£AUMONT, „cFF£RSON COUNTY, TEXAS z SCALE 1"= 40' BASIS OF BEARINGS IS THE TEXAS STATE PLANE COORDINATE SYSTEM, TEXAS SOUTH CENTRAL ZONE, CONVERGENCE 0271'23", SCALE FACTOR 0.999953528, NAD 1983 ELEVATIONS ARE GPS DERIVED NAVD 88 WCIMFY MAP N FS IPCENTERPOINr £N£RGY GAS i / PIPELINE - 18005456005 NOW OR FORMERLY BEAUMONT PROVIDENCE, LP FILE N0. iCLERK'S SET 1/2" I 2014008926 REBAR J C R P R. CAPPED FOUND 1/2' N 8704'43" E 20.00 REBAR (CALLED N 8959'14- E) INN/N ewv z SCALE 1"= 40' BASIS OF BEARINGS IS THE TEXAS STATE PLANE COORDINATE SYSTEM, TEXAS SOUTH CENTRAL ZONE, CONVERGENCE 0271'23", SCALE FACTOR 0.999953528, NAD 1983 ELEVATIONS ARE GPS DERIVED NAVD 88 WCIMFY MAP N FS L711 BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Dr. Joseph Majdalani, P.E., Public Works Director7-;"/J MEETING DATE: May 24, 2016 REQUESTED ACTION: Council consider a resolution accepting maintenance of the street, storm sewer, water and sanitary sewer improvements in Deerfield Phase IV, Subdivision. BACKGROUND On May 13, 2016, a final inspection from all entities was completed and administration recommends approval of the following: Somerville Circle approximately 131 feet extension east of existing Somerville Circle to and including the Cul de Sac. Bonner Drive approximately 201 feet extension north of existing Bonner Drive to Chappell Hill Drive. Chappell Hill Drive approximately 223 feet east to 3 -OM 4P markers end of pavement. Recommended for acceptance; street maintenance, storm sewer, and water and sanitary sewer improvements for Deerfield Phase IV, Subdivision right -of- way only. FUNDING SOURCE Not applicable RECOMMENDATION Approval of resolution. L 0 CA. Tl ON 'MA P NTS DEERFIELD PHASE FOUR SUBDIVISION L OCA TION -''MAP NTS. DEERFIELD PHASE FOUR SUBDIVISION RESOLUTION NO. WHEREAS, construction of the street, storm sewer, water and sanitary sewer improvements constructed in Deerfield Phase IV Subdivision have been completed as follows: ; and, Street • Somerville Circle approximately 131 feet extension east of existing Somerville Circle to and including the cul-de-sac. • Bonner Drive approximately 201 feet extension north of existing Bonner Drive to Chappell Hill Drive. • Chappell Hill Drive approximately 223 feet east to 3 -OM 4P markers end of pavement. Street Maintenance, Storm Sewer, Water and Sanitary Sewer Improvements • Deerfield Phase IV Subdivision, right-of-way only. WHEREAS, the developers of said improvements 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 24th day of May, 2016. - Mayor Becky Ames - BEAUMONT TEXAS REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS MAY 24, 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. 6/Consent Agenda * Consent Agenda GENERAL BUSINESS Consider a request for a rezoning from RS (Residential Single Family Dwelling District) to GC -MD -2 (General -Commercial -Multiple Family Dwelling Distirct - 2) on the south side of Washington Boulevard approximately 200' east of Blossom Drive 2. Consider a request for a rezoning from RM -H (Residential Multiple Family Dwelling — Highest Density District) to GC -MD -2 (General Commercial -Multiple Family Dwelling District - 2) at 4490 Crow Road 3. Consider a request for a rezoning from RS (Residential Single Family Dwelling District) to GC -MD -2 (General -Commercial -Multiple Family Dwelling District - 2) for the property to the west of 7505 Eastex Freeway 4. Consider a request for a Specific Use Permit to allow a Marina and Recreational Vehicle Park in a GC -MD (General Commercial - Multiple Family Dwelling District) at 560 Marina Drive 5. Consider a request for a revised Specific Use Permit to allow the expansion of an existing self -storage facility at 1655 S. Major Drive 6. Consider a resolution approving an amendment to the industrial district agreement with ExxonMobil 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. I May 24, 2016 Consider a request for a rezoning from RS (Residential Single Family Dwelling District) to GC - MD -2 (General -Commercial -Multiple Family Dwelling District - 2) on the south side of Washington Boulevard approximately 200' east of Blossom Drive BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager 6113 PREPARED BY: Chris Boone, lanning & Community Development Director MEETING DATE: May 24, 2016 REQUESTED ACTION: Council consider a request for a rezoning from RS (Residential Single Family Dwelling District) to GC -MD -2 (General - Commercial -Multiple Family Dwelling Distirct - 2) on the south side of Washington Boulevard approximately 200' east of Blossom Drive. BACKGROUND In January of this year, Mr. Hani Tohme submitted a request to rezone this property from R -S (Residential - Single Family Dwelling District) to GC -MD (General Commercial - Multiple Family Dwelling District). Following discussion as well as voiced opposition, the Planning Commission asked the applicant to consider GC -MD -2 as an alternative. Mr. Johns, the owner of the property, said that he was not interested, and the Planning Commission recommended denial of the request. Mr. Tohme has now submitted a request to rezone the same piece of property from R -S to GC -MD -2. Approval of GC -MD -2 would require that the applicant gain approval of a Specific Use Permit before he could develop the property. At a Joint Public Hearing held on May 16, 2016, the Planning Commission voted 5:3 to approve a request to consider a rezoning from RS (Residential Single Family Dwelling Distirct) to GC MD -2 (General Commercial -Multiple Family Dwelling District -2) for the property on the south side of Washington Boulevard approximately 200' east of Blossom Drive. FUNDING SOURCE Not applicable. RECOMMENDATIONS Approval of the ordinance. APPLICATION FOR AMENDMENT OF THE ZONING ORDINANCE BEAUMONT, TEXAS (Chapter 28, City Codes) TO: THE PLANNING COMMISSION AND CITY COUNCIL, CITY OF BEAUMONT, TEXAS APPLICANT'S NAME AND ADDRESS: Golden Triangle Consulting Engineers/ Hani Tohme APPLICANT'S PHONE #: 409-782-9520 FAX #: 409-347-7208 NAME OF OWNER Kent W. Johns ADDRESS OF OWNER ---2640 Calder St. Beaumont, Texas 77702 LOCATION OF PROPERTY: On Washington Blvd. between Blossom Dr. and Municipal Drive LEGAL DESCRIPTION OF PROPERTY: LOT NO BLOCK NO. ADDITION John Scharbauer Subdivision NUMBER OF ACRES_ 4.+ tff 1 ACIle OR 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 to be changed, and a complete legal field note description. CURRENT ZONING DISTRICT: Residential Single Family (RS) ZONING DISTRICT REQUESTED: General Commercial — Multiple Dwelling 2 (GC-MI)2) HAS THE REQUEST BEEN MADE BEFORE? Yes IF SO, DATE:_ 2011 and January 2016 ACTION: -A church was denied a specific use permit (2011). Rezoning to GC -MD was denied (2016). SUBMIT A LETTER STATING REASONS FOR REQUEST. ATTACH THE APPROPRIATE APPLICATION FEE: LESS THAN 1/2 ACRE...........................................................$250.00 1/2 ACRE OR MORE AND LESS THAN 5 ACRES.............$450.00 5 ACRES OR MORE...............................................................$650.00 I HEREBY ACKNOWLEDGE THAT THE APPLICATION IS MADE FOR THE REQUESTED DISTRICT OR A MORE RESTRICTIVE DISTRICT. SIGNATURE OF APPLICANT: �s 5�— � ATE: April l9, 2016 SIGNATURE OF OWNER: PLEASE TYPE OR PRINT AND SUBMIT TO: FILE NUMBER DATE RECEIVED: RECEIPT NUMBER: PLANNING DIVISION, ROOM 201 CITY HALL, 801 MAIN STREET BEAUMONT, TX 77701 P.O. BOX 3827 77704 (409) 880-3764 FAX (409) 880-3133 GOLDEN TRIANGLE CONSULTING ENGINEERS April 19, 2016 To: City of Beaumont Planning Division 801 Main St. Room 201 Beaumont, Texas 77701 From: Golden Triangle Consulting Engineers 2566 Interstate 10 East Suite 7 Beaumont, Texas 77703 Re: Rezoning Application John Scharbauer Subdivision (4.1016 Acres) Block 4 Please find attached the required information to rezone the above referenced property from Residential Single Family (RS) to General Commercial Multiple Dwelling 2 (GC -MD 2). The property is located on the south side of Washington Boulevard between Blossom Drive and Municipal Drive. The referenced property has Light Industrial (LI) and GC -MD businesses across the street from it and GC - MD land on its east side making it very difficult to build homes on it with the intention to sell them because there will be no market for them. Therefore, the owner is requesting to rezone one acre (142 feet deep by 307 wide) on the Washington Boulevard side to GC-MD2 to benefit from the frontage of the property while building a residential subdivision on the back side of the property that will include 5 to 7 homes. If approved, the property owner will build a fence between the rezoned section of the property and the residential area and will use the 50 foot wide road for the subdivision in the back as a buffer. in addition, the drainage plan for the proposed improvements will ensure that storm water is drained to the available City storm water infrastructure with zero impact on the residential neighborhood. Your approval will improve the possibilities of developing this 4.1016 acres of land that has been vacant for many years. Thank you Dr. Hani J. Tohme, P.E. President Golden Triangle Consulting Engineers 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 GC -MD -2 (GENERAL COMMERCIAL -MULTIPLE FAMILY DWELLING -2) DISTRICT FOR PROPERTY LOCATED ON THE SOUTH SIDE OF WASHINGTON BOULEVARD APPROXIMATELY 200' EAST OF BLOSSOM DRIVE, BEAUMONT, JEFFERSON COUNTY, TEXAS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. BE IT ORDAINED BY THE CITY OF BEAUMONT: Cor' inn 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 GC -MD -2 (General Commercial -Multiple Family Dwelling -2) District for property located on the south side of Washington Boulevard approximately 200' East of Blossom Drive, being the Northeast 307' x 142' of part of Block 4, John Scharbauer Subdivision, Beaumont, Jefferson County, Texas, containing 1.0 acres, more or less, as shown on Exhibit 'A," attached hereto, 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. Ccrrtinn d 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 24th day of May, 2016. - Mayor Becky Ames - .01-G: Consider a request to rezone a 1.00 acre tract of land from R-S(Residential Family Dwelling District) to GC-1VID_2 (General Commercial- Multiple - iig District - 2). p e Family ant: Hani Tohme of Golden Triangle Consulting Engineers e 1 00 200 in: The south side of Washington Blvd. between Blossom Drive & Municipal— Feet Drive. 2 May 24, 2016 Consider a request for a rezoning from RM -H (Residential Multiple Family Dwelling — Highest Density District) to GC -MD -2 (General Commercial -Multiple Family Dwelling District - 2) at 4490 Crow Road BEAUMONT T E X A S TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Chris Boone, Planning & Community Development Director MEETING DATE: May 24, 2016 REQUESTED ACTION: Council consider a request for a rezoning from RM -H (Residential Multiple Family Dwelling - Highest Density District) to GC -MD -2 (General Commercial -Multiple Family Dwelling District - 2) at 4490 Crow Road. BACKGROUND Parkdale Church plans to sell their property located at 4490 Crow Road. The property is currently zoned RM -H (Residential Multiple Family Dwelling - Highest Density District), but all other properties at the intersection of Crow Road and Odom Road and Dowlen road are zoned GC -MD (General Commercial - Multiple Family Dwelling District). Although the Planning staff agrees that the RM -H zoning is inconsistent with other properties at this intersection, staff recommends rezoning to GC -MD -2 (General Commercial - Multiple Family Dwelling District - 2) to protect the residential properties immediately adjacent to the subject property. Potential buyers would be required to submit a Specific Use Permit for any use other than a church. At a Joint Public Hearing held on May 16, 2016, the Planning Commission voted 8:0 to approve a request to consider a rezoning from RS (Residential Single Family Dwelling District) to GC MD -2 (General Commercial -Multiple Family Dwelling District -2) at 4490 Crow Road. FUNDING SOURCE Not applicable. RECOMMENDATIONS Approval of the ordinance. r APPLICATION FOR AMENDMENT OF THE ZONING ORDINANCE BEAUMONT, TEXAS (Chapter 28, City Codes) TO: THE PLANNING COMMISSION AND CITY COUNCIL, CITY OF BEAUMONT, TEXAS APPLICANT'S NAME AND ADDRESS:[,�� 9 k PALE 04wai d APPLICANTS PHONE #: 40- $ / " J5 4 0r- FAX #: NIA NAME OF OWNER: FAPP E Ch1>%2i 4 ADDRESS OF OWNER: P 0' a)( -7-311 P3eM1,v90f,/F -/P;45 -7 7 71if (-- ~ 11 A L, LOCATION OF PROPERTY:_ 400 64ZOW ROAD LEGAL DESCRIPTION OF PROPERTY: LOTNO._ 11, 1z' 4.1.3 OR TRACT BLOCK NO. PLAT. ADDITION 1?L.Cix6it2 NUMBER OF ACRES—t- 451 me 4 D SURVEY NUMBER OF ACRES For properties not in a recorded subdivision, submit a copy of a current survey or plat showing the properties proposed to be changed, and a complete legal field note description. CURRENT ZONING DISTRICT: 1?m N ZONING DISTRICT REQUESTED: (ic- /V o HAS THE REQUEST BEEN MADE BEFORE?_ /Vo IF SO, DATE: _ SUBMIT A LETTER STATING REASONS FOR REQUEST. ATTACH THE APPROPRIATE APPLICATION FEE: LESSTHAM' 1/2 ACRE...........................................................$250.00 112 ACRE OR MORE AND LESS THAN 5 ACRES.............$450.00 5 ACRES OR MORE...............................................................$650.00 I HEREBY ACKNOWLEDGE THAT THE APPLICATION I S MADE FOR THE REQUESTED DISTRICT OR A MORE RESTRICTIVE DISTRICT. SIGNATURE OF APPLICANT: ''-alae ( low VIN DATE: A—'/0 0 Z ✓ SIGNATURE. OF OWNER C w OF NOT APPLICANT): PLEASE TYPE OR PRINT AND SUBMIT TO: PLANNING DIVISION, ROOM 201 CITY HALL, 801 MAIN STREET BEAUMONT, TX 77701 FILE NUMBER: P.O. BOX 3827 77704 DATE RECEIVED:_ (409) 880-3764 RECEIPT NUMBER: FAX (409) 880-3133 April 20, 2016 Parkdale Church P.O. Box 7311 Beaumont, Texas 77726 City of Beaumont Planning & Zoning Department 801 Main Street, 2nd Floor Beaumont, Texas 77701 Re: 4490 Crow Road in Beaumont, Texas Dear Planning & Zoning Commission: I am writing to request a change in the zoning ordinance for the above referenced property. Currently, the property is zoned RM -H (Residential Multiple -Family Dwelling — Highest Density District), and I am requesting that it be changed to GC -MD (General Commercial — Multiple Family Dwelling District). Parkdale Church will be listing the property to sell, and we believe that it should be re -zoned so that it is consistent with the other properties at the intersection of Crow Road, Odom Road, and Dowlen Road. For your review and consideration, I am attaching the following: 1. Application for Amendment of the Zoning Ordinance 2. JCAD Map showing dimensions of the property 3. JCAD Aerial Photo which shows the property location (Zoomed In) 4. 2nd JCAD Aerial Photo which shows the property location (Zoomed In) 5. City of Beaumont Zoning Map Please do not hesitate to call if you should have any questions or require additional information. Sincerely, i PARKDALE CHURCH C/,� e . Fred Chambers, Pastor CITY OF BEAUMONT - PLANNING & ZONING- 4490 CROW - 01 041916 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 GC -MD -2 (GENERAL COMMERCIAL -MULTIPLE FAMILY DWELLING -2) DISTRICT FOR PROPERTY LOCATED AT 4490 CROW ROAD, 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 changing the zoning of property presently zoned RS (Residential Single Family Dwelling) District to GC -MD -2 (General Commercial -Multiple Family Dwelling -2) District for property located at 4490 Crow Road, being Lots 11-13, R.L. Collier Addition, Beaumont, Jefferson County, Texas, containing 1.456 acres, more or less, as shown on Exhibit "A," attached hereto, and the official zoning map of the City of Beaumont is hereby amended to reflect such changes. Gorrtinn ') 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. Ccrfinn d 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 24th day of May, 2016. - Mayor Becky Ames - !e 2262-Z: Consider a request to rezone a 1.456 acre tract from RM -H (Residents Multiple Family Dwelling - Highest Density District) to GC -MD (General Commercial ultiple Family Dwelling District) or a more restrictive zoning district. .)plicant: Parkdale Church 4490 Crow Road 0 100 200 300 400 1 1 L I I I Feet L./\I IIL3I I N •-----------,•-^••-a�^o..----,-uueormamrenance.correction and reWslon. No liability is assumed by Jefferson County as to the accuracy of the data deflnealed hereon. • _ �, 11 1 r I � W Owner Information I PARKDALE CHURCH l± .=� PO BOX 7311 BEAUMONT TX 77726 4 \ �r • - '• t Owner ID: 493308 0/b Ownership: 100 0000000000 %"l; i Exemptions: EX -XV Site Information PropID: 23403 a ,i°a s1'K r r'r�P'I GeoID: 013800-000-000300-00000-7w Site Address: 4490 CROW RD 14fgal: COLLIER R L L11 L12 L13 ---------------- Ak 014 r f - t r .Th J a I i. kyr ` 'All a •xi.4w,r igN 1 j,0 ;200 Jefferson CAD TX The map a for an alive purposes only and does not represent a survey. It is ding the acts' without war and or any a dynamic tionand of accuracy, t state of ai completeness. The user acknowledges and accepts all inherent limitations of Ure maps and data, including the fact Ihatlhe maps and data are dynamic and in a constant stale of maintenance, correction and revision. No liability is assumed by Jefferson County as to the accuracy of the data delineated hereon. Date Printed: March 30, 2016 May 24, 2016 Consider a request for a rezoning from RS (Residential Single Family Dwelling District) to GC - MD -2 (General -Commercial -Multiple Family Dwelling District - 2) for the property to the west of 7505 Eastex Freeway A:CMIZA *1 TEXAS TO: City Council FROM: Kyle Hayes, City Manager G0 PREPARED BY: Chris Boone, Planning & Community Development Director MEETING DATE: May 24, 2016 REQUESTED ACTION: Council consider a request for a rezoning from RS (Residential Single Family Dwelling District) to GC -MD -2 (General - Commercial -Multiple Family Dwelling District - 2) for the property to the west of 7505 Eastex Freeway. BACKGROUND Mark W. Whiteley and Associates, Inc., on behalf of Gospel Center Church, is requesting a zone change for approximately 5.14 acres to the west of 7505 Eastex Freeway. Property to the east and west is zoned GC -MD (General Commercial - Multiple Family Dwelling District). While staff agrees that the most appropriate zoning of the property would be commercial, GC -MD -2 (General Commercial - Multiple Family Dwelling District - 2) would be more appropriate, allowing for additional protection of the residential properties to the south. At a Joint Public Hearing held on May 16, 2016, the Planning Commission voted 8:0 to approve a request to consider a rezoning from RS (Residential Single Family Dwelling District) to GC MD -2 (General Commercial -Multiple Family Dwelling District -2) for the property to the west of 7505 Eastex Freeway. FUNDING SOURCE Not applicable. RECOMMENDATIONS Approval of the ordinance. APPLICATION FOR AMENDMENT OF THE ZONING ORDINANCE BEAUMONT, TEXAS (Chapter 28, City Codes) TO: THE PLANNING COMMISSION AND CITY COUNCIL, CITY OF BEAUMONT, TEXAS APPLICANT'SNAMEAND ADDRESS: Mark W. Whiteley & Associates. Inc. 3250 Eastex Freeway, Beaumont, Tx 77703 APPLICANT'S PHONE #: 409-892-0421 FAX #: 409-892-1346 NAME OF OWNER: Gospel Center Church ADDRESS OF OWNER: 7595 Hwy 105, Beaumont, TX 77718 LOCATION OF PROPERTY: Eastex Freeway, +/-500 Feet Northwesterly of Caswell Road JCAD Prop Id: 127973 LEGAL DESCRIPTION OF PROPERTY: ( See Attached Legal Description) LOT NO. BLOCK NO. F.i3i31T�1 we] ON NUMBER OF ACRES OR TRACT 6.00 Acres, S&E 0.86 Acres PLAT SURVEY_ W.B Dyrhee Survey_ Ahct_No. 17 NUMBEROFACRES 5.14 Acres For properties not in a recorded subdivision, submit a copy of a current survey or plat showing the properties proposed to be changed, and a complete legal field note description. CURRENT ZONING DISTRICT: ZONING DISTRICT REQUESTED:_ CC -MD HAS THE REQUEST BEEN MADE BEFORE? NO IF SO, DATE: ACTION: SUBMIT A LETTER STATING REASONS FOR REQUEST. ATTACH THE APPROPRIATE APPLICATION FEE: LESS THAN 1/2 ACRE...........................................................$250.00 1/2 ACRE OR MORE AND LESS THAN 5 ACRES.............$450.00 5 ACRES OR MORE...............................................................$650.00 I HEREBY ACKNOWLEDGE THAT THE APPLICATION IS MAD REQUESTED DISTRICT OR A MORE RESTRICTIVE DISTRICT. SIGNATURE OF APPLICANT: DATE: SIGNATURE OF OWNER: PLEASE TYPE OR PRINT ANDLSUBMIT TO: PLANNING DIVISION, ROOM 201 CITY HALL, 801 MAIN STREET BEAUMONT, TX 77701 FILE NUMBER: P.O. BOX 3827 77704 DATE RECEIVED: (409) 880-3764 RECEIPT NUMBER: FAX (409) 880-3133 MARK W. WHITELEY AND ASSOCIATES INCORPORATED CONSULTING ENGINEERS, SURVEYORS, AND PLANNERS 7 O P. O. BOX 5492 3250 EASTEX FRWY. BEAUMONT, TEXAS 77726-5492 BEAUMONT, TEXAS 77703 409-892-0421 (FAX) 409-892-1346 TBPLS Firm No.: 10106700 April 5, 2016 City of Beaumont Planning & Zoning Department 801 Main, Suite 210 Beaumont, TX 77701 r�I I i•61- Community Development Director REF.: Amendment of Zoning Gospel Center Church Eastex Freeway Dear Mr. Boone: Gospel Center Church owns a 6.00 acre tract on Eastex Freeway. Attached you will find a copy of their deed as well as an exhibit denoting the location of the property. Currently the property is zone R -S. The land on each side of this property is zoned GC -MD. Also a portion of the 6.00 acre tract is currently zoned GC -MD. The owner is requesting that the remainder of their tract be rezoned to GC -MD to assist in future development of the property. Attached is the application and fee for the proposed amendment of zoning. If you have any questions or need additional information please do not hesitate to call. I remain Sincerely Thomas S. Rowe, PE, RPLS Vice President 3250 Eastex Freeway Beaumont, Texas 77703 1-888-830-5929 Fax (409) 892-1346 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 GC -MD -2 (GENERAL COMMERCIAL -MULTIPLE FAMILY DWELLING -2) DISTRICT FOR PROPERTY LOCATED TO THE WEST OF 7505 EASTEX FREEWAY, 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 changing the zoning of property presently zoned RS (Residential Single Family Dwelling) District to GC -MD -2 (General Commercial -Multiple Family Dwelling -2) District for property located to the West of 7505 Eastex Freeway, being Tracts 226, 227, 228 and part of Tracts 5 & 210, save and except 0.86 acres, Plat RS -4, W.B. Dyches Survey, Abstract 17, Beaumont, Jefferson County, Texas, containing 5.14 acres, more or less, as shown on Exhibit "A," attached hereto, 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. Ccr+inn Q 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 24th day of May, 2016. - Mayor Becky Ames - File 2260-Z: Consider a request to rezone a 6.00 acre tract of land from R -S (Residential - Single Family District) to GC -MD (General Commercial - Multiple Family Dwelling District) or a more restrictive zoning district. 0 100 200 300 400 Applicant: Mark Whiteley & Associates, Inc. I I I I I I Feet Location: Eastex Freeway, approximately 500 feet northwest of Caswell Road R -S CONCORS R -S Legend Rp 22602 -9s f F F+ �f R -S o R -S D Cn Bio GC -MD m GC -MD o vs NL GC -MD A `sTF� + I i R -S I GC=MD v R -S Z < 0 m r CLIFTON ST r o z 11 v D r -----, 1 i RAS N j v I � EXHIBIT "A" May 24, 2016 Consider a request for a Specific Use Permit to allow a Marina and Recreational Vehicle Park in a GC -MD (General Commercial - Multiple Family Dwelling District) at 560 Marina Drive BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager C) 3 PREPARED BY: Chris Boone, Planning & Community Development Director MEETING DATE: May 24, 2016 REQUESTED ACTION: Council consider a request for a Specific Use Permit to allow a Marina and Recreational Vehicle Park in a GC -MD (General Commercial - Multiple Family Dwelling District) at 560 Marina Drive. BACKGROUND USA Self Storage, Inc. is requesting a Specific Use Permit to allow a recreational vehicle park and marina in GC -MD (General Commercial - Multiple Family Dwelling District). The 30.18 acre tract of land is located at the edge of the Neches River. This property has been operated as the Beaumont Marina for many years. There will be approximately 149 RV parking spaces / rental cabins, a clubhouse, pavilion, laundry facilities and a swimming pool on the site. The property is currently used as a public marina for boat launches, for wet and dry boat storage and for operation of the Beaumont Yacht Club. USA intends to continue, enhance and improve the marina operations. At a Joint Public Hearing held on May 16, 2016, the Planning Commission voted 8:0 to approve a request to consider a Specific Use Permit to allow a Marina and Recreational Vehicle Park in a GC -MD (General Commercial - Multiple Family Dwelling District) at 560 Marina Drive, with the following conditions: 1. All floodplain and floodway requirements be met. 2. All requirements set forth by City Fire Department be met. 3. The site plan meet all Recreational Vehicle design requirements set forth in Section 24.06.008 of the Beaumont City Ordinance. FUNDING SOURCE Not applicable. RECOMMENDATIONS Approval of the ordinance with the following conditions: 1. All floodplain and floodway requirements be met. 2. All requirements set forth by City Fire Department be met. 3. The site plan meet all Recreational Vehicle design requirements set forth in Section 24.06.008 of the Beaumont City Ordinance. SPECIFIC USE PERMIT APPLICATION BEAUMONT, TEXAS (Chapter 28, Cita Codes) TO: THE PLANNING COMMISSION AND CITY COUNCIL, CITY OF BEAUMONT, TEXAS APPLICANT'S NAME: USA S C L r S ?O (�A G 6,C - APPLICANT'S ADDRESS: 9-73, 56,4131900 K , T ?C —7 -7 5—e C ct aQ -�33 - APPLICANT'S PHONE #: Z S --% 3 t�-%��► `�- scp77 o•mb z iovwYAX #: �%4 /q, - �3 - od Y. NAME OF sco-r7 610t49045 ADDRESS OF OWNER 0 -r� D 2� ! Z .S 6-/4 g ge-o[� 7i� 77 -S LOCATION OF PROPERTY: MAR WA P g)yE , i; E19U mat"1 7; (K 7-77�� LEGAL DESCRIPTION OF PROPERTY: 45-1- A 1 LOT NO. OR TRACT I BLOCK NO PLAT ADDITION SURVEY NUMBER OF ACRES 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: m MI l r A A 8 D 'PV P I!\ 1,e( ZONE: ATTACK 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 8A" x'.11" PHOTOCOPY OF THE SITE PLAN. THE EIGHT CONDITIONS listed on the hack side of this sheet must be met before City Council can grant a specific use pertnit. PLEASE ADDRESS EACH CONDITION IN DETAIL. ATTACH THE APPROPRIATE APPLICATION FEE: LESS THAN %a ACRE.................................................................8250.00 %s ACRE OR MORE AND LESS THAN 5 ACRES...................$450.00 5 ACRES OR MORE ...................................................................8650.00 1, being the undersigned applicant, u► rstand that all of the conditions, dimensions, building sizes, landscaping and parking areas depicted on the site plan smdfiereMa ended and approved by Ci[y Council. SIGNATURE OF APPLICANT: ill C6- �I'e 5 ��PN f DATE: SIGNATURE OF OWNER: ( NOT APPLICANT) DATE: PLEASE TYPE OR PRINT AND SUBMIT TO: CITY OF BEAUMONT PLANNING DIVISION 801 MAN STREET, ROOM 201 BEAUMONT, TX 77701 FILE NUMBER: DATE RECEIVED: Phone - (409) 880-3764 Fax - (409) 880-3133 ##,k.�v���:Asakx�ak***:�:e�t:�t��&�aF3•;..x, �a>;ar;.#�'s��:�*e!:ak�k�r�:tx:;::tK:kM�:+kxkaa��akt:t%ata*xwkx##ta���#x�K�:x�:��:x>k�:n:xx�.;aacxr:c:,L:F>;:�:xx�>:Kxr�>:;rx>::�: PLEASE MAKE NOTE ONT REVERSE SIDE OF CONDITIONS TO BE MET REGARDING THE SITE PLAN AND LETTER OF PROPOSED USES AND ACTIVITIES. Creighton, Fox, Johnson & Mills, PLLC Lance C. Fox Attorneys at Law Partner P.O. Box 5607, Beaumont, Texas 77726-5607 Email: lcfpacfjmlaw.com 3535 Calder, Suite 310 77706 Phone (409) 833-0062 1 Fax (409) 833-0084 www.cfjmlaw.com April 27, 2016 VIA HAND DELIVERY Adina Ward City of Beaumont, Texas Planning Division 801 Main Street, Room 201 Beaumont, TX 77701 RE: Beaumont Yacht Club — SPECIFIC USE PERMIT APPLICATION Dear Mrs. Ward: Other Offices: 1601 Rio Grande, Suite 330 Austin, TX 78701 Phone (512) 457-8797 Fax (512) 457-8792 We are sending you this letter regarding the pending SPECIFIC USE PERMIT APPLICATION of our client, USA SELF STORAGE, INC., d/b/a THE ACCESS COMPANIES ("Applicant" or "USA"), relating to the The Beaumont Yacht Club property. Pursuant to your telephone conversation today with Mr. Monroe and the message I left on your voice mail this afternoon, this letter is to confirm to your office that the first site plan in the Application marked #1 and prepared by Soutex Surveyors & Engineers should be disregarded, and the City should only refer to and consider the second site plan, which is the site plan marked #2 prepared by Miramont Interests, LC. If you have any questions about this matter, please contact our office. Yours very truly, CRE HON, JOHNSON & MILLS, PLLC 1 Lance C. Fox % cc: Scott Monroe USA Self Storage, Inc. PO Box 973 Seabrook, TX 77586 Creighton, Fox, Johnson & Mills, PLLC Lance C. Fox Attorneys at Law Partner P.O. Box 5607, Beaumont, Texas 77726-5607 Email: lcf@cfjmlaw.com 3535 Calder, Suite 310 77706 Phone (409) 833-0062 1 Fax (409) 833-0084 www.cfjmlaw.com April 22, 2016 VIA HAND DELIVERY City of Beaumont, Texas Planning Division 801 Main Street, Room 201 Beaumont, TX 77701 RE: Beaumont Yacht Club — SPECIFIC USE PERMIT APPLICATION Dear City of Beaumont Planning Division: Other Offices: 1601 Rio Grande, Suite 330 Austin, TX 78701 Phone (512) 457-8797 Fax (512) 457-8792 Enclosed is the SPECIFIC USE PERMIT APPLICATION of our client, USA SELF STORAGE, INC., d/b/a THE ACCESS COMPANIES ("Applicant" or "USA!'), relating to the The Beaumont Yacht Club property that USA has under contract to purchase from the City of Beaumont. Attached to this Application is a check for the $650.00 application fee. As stated in the Application, USA is seeking a specific use permit to develop and operate an RV Park on the Property, together with operating the existing marina and boat storage facilities. We have enclosed with the Application two different preliminary SITE PLANS that show the proposed development of the Property that will include RV Pad Sites, a Clubhouse and swimming pool. Please note that these are only preliminary site plans and this is subject to change and is expected to change in terms of the final layout of the RV Park and the final scope all of improvements, but they generally show the proposed and possible layouts of the RV Park and some of the building improvements that will be made. USA is still engaged in due diligence and is having the property surveyed and tested for environmental conditions, the results of which could impact the location of certain building improvements. After the real estate purchase transaction with the City has closed and USA and its affiliated company become the owner of the propertyi, USA will complete the necessary engineering and other ground work and prepare a final and detailed set of development and building plans and a final site plan, which will be submitted to the City for approval with the required building permit application. This process is expected to take a few weeks, but it is important to USA in regards to the pending real estate transaction it has with the City for USA to go ahead and apply for the Specific Use Permit to confirm that it will be able to obtain approval from the City to develop the property into 1 As stated below, the actual owner of the real estate will be an affiliate of USA, and USA will lease the property from the owner and will engage in the RV Park and marina business. Both USA and the owner of the land will be affiliated companies owned by Scott Monroe and his family. an RV Park. Thus, USA understands that the City's action on this Application will be preliminary and may be subject to certain conditions and restrictions imposed by the City and that USA may, and probably will have to come back to the City to get final approval of the Specific Use Permit, and again at this point in time we are just trying to confirm that it will be possible and permissible to develop and operate an RV Park at this site. By this letter, we would advise the City of USA's intended development plans and the processes and activities involved with the proposed uses, and we are providing some background information to the City about USA and its primary owner, Scott Monroe. Specifically, we would advise the City of the following: 1. The property is currently used as a public marina for boat launches, and for wet and dry boat storage, and for operation of The Beaumont Yacht Club. USA intends to continue the marina operations and to enhance and improve the marina operations. USA will continue to maintain the public boat launch and provide dry and wet boat storage. USA further intends to meet with the governing body of The Beaumont Yacht Club and after USA (or its affiliate) becomes the owner of the property USA will seek to negotiate a mutually acceptable arrangement that allows the Beaumont Yacht Club to continue to meet and operate at the facility. Certainly it is USA's desire and business goal to increase the marina business and thus having the Beaumont Yacht Club and its members maintain their presence and use of the facility is consistent with this goal and is desirable. 2. In connection with the operation of the marina, USA further intends to develop and operate an RV Park at this site that will include RV pad sites, rental cabins, a Clubhouse, laundry facility, swimming pool, pavilion, picnic areas and other amenities. The RV Park will have a full-time on-site manager who can manage both the RV Park and the Marina, as well as such other personnel as necessary for the operation of the RV Park and Marina. 3. The final name of the RV Park and Marina is still being evaluated, but preliminarily USA is contemplating the name Beaumont RV and Marina. 4. USA believes having both the RV Park and Marina at this site will significantly enhance its use and attract a wide range of customers, guests and visitors for the benefit of USA's business, which in turn will benefit the City. Locating an RV Park on the water with a marina facility appeals to a variety of potential users. Many RV Owners prefer to stay in parks located on the water for the aesthetic value thereof and additional benefits that can be offered by a water location. By way of example, there is an existing RV Park just East of Beaumont located on Interstate 10 in Rose City that is located on a lake that is an old sand pit and visible from the road. This RV Park stays full. Likewise, boat owners who have the opportunity to have both a boat and RV can make use of combined facility for weekend and holiday use. This new RV Park to be developed at this Site will have a Clubhouse and Pavilion that will be available for use by both marina customers and RV park guests, and Applicant intends to make them 2 available for rent for private and social events, such as family reunions, weddings, corporate events, charitable events (such as a gumbo cookoff), etc. USA also has plans for having an annual on the water boat and RV show and similar events, which over time could develop into expanding these types of events to coincide with other City events (such as the Neches River Festival) and that could include also using other City facilities, such as the City Civic Center and Riverfront Park. 5. Applicant believes this particular project will attract a lot of tourists to the City from the large growing number of RV owners who regularly vacation in their RVs and constantly are looking for new destinations and places to stay, both for weekends and holiday get-aways and traditional family vacations. This particularly location is ideal given its visibility from Interstate 10 and its proximity to downtown Beaumont and the number of museums located in the City's downtown. In addition, RV Parks are used by a variety of other users for many reasons, including but not limited to (i) seasonal plant and construction workers and other temporary type workers, (ii) out-of-town patients visiting local medical facilities having surgery or other outpatient procedures over a course of several days who need to stay near medical treatment facilities, or family members of an in-hospital patient who need a place to stay, where such persons prefer to stay in their own RV as opposed to a hotel, since it is usually less expensive and offers them the amenities that you can't get in a hotel room such as the ability to cook, bring more clothes and personal items, have your pets with you, etc., (iii) retired folks who spend much of their time traveling and visiting new places, including so called snow -birds from the North who come to the South for the mild winter climate, (iv) hunters, fishermen, boaters and others engaged in various outdoor or other local community activities who regularly stay in their RV to participate in various types of events, such as hunting and fishing competitions, golf and baseball tournaments and similar types of sports tournaments, marathons and other sporting events, college and high school events, car and motorcycle rallies, parades, air shows, community festivals, bird watching activities, charitable events, concerts, etc., (v) out of town visitors visiting friends and families who own an RV and who prefer to stay in their own RV as opposed to staying in a hotel or overnight with the family member they are visiting, and (vi) RV owners who need a temporary place to stay while they are having remodeling work done on their home. 6. The location of this site and its use as a marina is fully complementary to expanding the use to an RV Park, since the site has undeveloped acreage, it already has adequate and suitable road access and drainage, is fenced along the road, and it is not near any other residential housing or other types of businesses that would be adversely impacted by such an operation. 7. As part of the building permit application process, the final building and site plans that USA will submit will include detailed specifications on any signage, new fencing, landscaping, lighting, location of trash storage facilities, pedestrian walks, additional driveways and parking areas, etc., to comply with all City ordinance and zoning requirements. As an RV Park, USA will design and operate the Park in a manner that 3 is attractive and appealing to guests and that provides a safe, secluded and secure environment for both RV Park and marina customers and their guests. The RV Park and marina will be professionally managed, with a full-time and on-site manager, and USA will have in place RV Park and marina rules to maintain a quiet, peaceful, safe and secure facility. This type of safe and secure environment is what is desired by customers and guests and USA does not tolerate and does not allow any unlawful activities, any loud or obnoxious conduct or any disruptive guests, and it takes appropriate action to enforce such rules at its other existing RV Parks and it will likewise do so at this location. 8. USA currently owns and operates four other RV Parks and one marina and dry boat facility, The marina and dry boat storage facility is located in Kemah, Texas, and the other RV Parks owned and operated by USA include the following: (a) Marina Bay RV Resort, located in Kemah, Texas. This particularly RV Park attracts a lot of upscale RV owners and tourists due to its proximity to the Kemah Boardwalk and surrounding Clear Lake. (b) Willow Lakes RV Resort in League City, Texas, located on the water in League City. (c) Marina Bay Lake Cove RV Resort in Dickinson, Texas, also built around a private man-made lake. (d) Access RV Resort in Port Arthur, Texas. Pictures of some of these other RV Park facilities owned and operated by USA are included with this letter to give the City Planning Department a better idea of the types of RV Parks that USA currently owns and operates and the types of RV Park facilities and amenities that it offers. Finally, we would advise you that the Application is submitted in the name of USA Self Storage, Inc., which is a Texas corporation owned by Scott Monroe. USA will be the operator of the RV Park and marina. The underlying owner of the project will be a Texas limited partnership or limited liability company owned by Mr. Monroe and his family and such owner will lease the property to USA. This leasing and operating arrangement is the same business model that Mr. Monroe uses at his other RV Parks and real estate projects. Mr. Monroe lives with his wife in Kemah, Texas and is 56 years of age. Prior to moving to Kemah approximately 15 years ago, he resided and had several businesses in Beaumont and Jefferson County, Texas, and he still maintains some business operations and ties to Jefferson County. He has a family owned company and both his wife and adult daughter work with him, and they own a variety of various types of businesses and real estate developments, including the RV Parks and marina facility listed above, several mini -storage warehouse facilities, an industrial warehouse facility and other real estate developments and businesses. Mr. Monroe is an avid outdoorsman, aviator and sportsman and owns his own Motorcoach RV as well as several boats. Thus, he is very close to and takes a very C! personal interest in the RV, boating and marina industries. If you have any questions about this matter or would like any more information, please contact our office. cc: Scott Monroe USA Self Storage, Inc. PO Box 973 Seabrook, TX 77586 Yours very truly, 5 ON, F OHNSON & MILLS, PLLC C. Fox ORDINANCE NO. ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A MARINA AND RECREATIONAL VEHICLE PARK IN A GC -MD (GENERAL COMMERCIAL -MULTIPLE FAMILY DWELLING) DISTRICT AT 560 MARINA DRIVE IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS, Lance C. Fox, on behalf of USA Self Storage, Inc., d/b/a The Access Companies, has applied for a specific use permit to allow a marina and recreational vehicle park in a GC -MD (General Commercial -Multiple Family Dwelling) District, at 560 Marina Drive, 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 marina and recreational vehicle park in a GC -MD (General Commercial -Multiple Family Dwelling) District at 560 Marina Drive, subject to the following conditions: and, • All floodplain and floodway requirements be met • All requirements set forth by City Fire Department be met • The site plan meet all Recreational Vehicle design requirements set forth in Section 24.06.008 of the Beaumont City Ordinance 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, Ccr,finn 1 That a specific use permit to allow a marina and recreational vehicle park in a GC -MD (General Commercial -Multiple Family Dwelling) District at 560 Marina Drive as described in Exhibit "A" and shown on Exhibit "B," is hereby granted to USA Self Storage, Inc. d/b/a The Access Companies, its legal representatives, successors and assigns, as shown on Exhibit "C," attached hereto and made a part hereof for all purposes, subject to the following conditions: • All floodplain and floodway requirements be met • All requirements set forth by City Fire Department be met • The site plan meet all Recreational Vehicle design requirements set forth in Section 24.06.008 of the Beaumont City Ordinance. Ccrrfinn 7 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. 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 24th day of May, 2016. - Mayor Becky Ames - LEGAL DESCRIPTION FOR ORDINANCE PURPOSES BEING a tract of land of approximately 30.18 acres out of the W. H. Hodges Survey and the James Drake Survey, in the City of Beaumont, Jefferson County, State of Texas, and being more particularly described by metes and bounds as follows; BEGINNING at the intersection of the north right-of-way line of the Interstate Highway 10, with the left ascending bank of the water's edge of the Neches River; THENCE In a northeasterly direction following the left ascending bank of the water's edge of the Neches River up said river with its meanderings one thousand eight hundred (18 00) feet more or less, to a point lying one thousand six hundred fifty (1650') feet perpendicularly distant from the said north right-of-way line of Interstate Highway 10; THENCE west along a line parallel with and one thousand six hundred fifty (16501) feet distant from the said north right-of-way line of interstate Highway 10, one hundred eighty (180') feet more or less, to a point for corner; THENCE in a southwesterly direction one hundred fifty (160) from. and parallel to the left ascending bank of the Neches River a distance of seven hundred (700) feet more or less, to a point for corner, said point being one thousand (1000) feet perpendicularly distant from the north right-of-way line of interstate Highway 10; THENCE west along a line one thousand (1000) feet from and parallel to the said north right-of-way of Interstate Highway 10 a distance of one thousand two hundred thirty (1230) feet to a point thirty (30) feet east of the centerline of the old garbage dump road; THENCE in a southerly direction thirty (30') feet from and parallel to the old garbage dump road a distance of one thousand ten (1010') feet more or less to its point of Intersection with the north line of Interstate Highway 10; THENCE east along the said north right-of-way line of Interstate Highway 10 to one thousand fifty (10501 feet more or less to the PLACE OF BEGINNING: SAVE AND EXCEPT out of the above-described property, a strip of land one hundred fifty (150') feet wide from the water's edge back one hundred fifty (150') feet more or less to west line of the north prong of said tease tract; the centerline of said strip being one thousand two hundred fifty (1250) feet from the north line of Interstate Highway 40 measured along the left ascending bank of the Neches River, Beaumont, Jefferson County, Texas, containing 30.18 acres, more or less. EXHIBIT "A" File 2264-P: Consider a request for a Specific Use Permit to allow a Marina and N Recreational Vehicle Park in a GC -MD (General Commercial - Multiple Family Dwelling District). Applicant: USA Self Storage, Inc. Location: 560 Marina Drive 0 200 400 600 800 1 i I I I I Feet --INTERSTATE 10-E EXHIBIT "B" Legend 2264P /bhp - 1 1 _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ , 1 •� non1 Q 1 oe 1 iF J 1 l l \.\x_ 1 l lh;ri; lilt llllllllllllllllll � `�'-_�� 11 lllllllllllllllll � '1 llllllllllllllllll � lilt l 11 y . I lllllll lllllll it z= 1 lllllll llllllllllllll ll ���_ll lllllll llllllllllllllllll ' lllllll llllllllllllllllllllllll l lllllllllllllllllllllllllllllll lllllllllllllllllllllllllllllllll llllllllllllllllllll llllllllllllllllllllllllllllll lllllllllllllllllllllllll ll '��_, III III III 1 � I ��'� lilt PROPOSED CLUBHOUSE/OFFICE W/POOL 149 RV SPACES (TYP. SPACE 20'x50') c ,d REVISIONS: @ug c .- m C7 tv r40 BEAUMONT YACHT CLUB PROPOSED RV ADD1TrnN _ -PARK FXHIRIT { 1) `C fvl*! , g 00 ;mg a onto One io 9 ;to R 0 m a %N'S RA1iRs.ONO , -, ROA ;o N Rd ;o i0o. R �% A Wce PdXEEOW'YAMNft r TK ff LQRP. Mry WW M. 5. RXIYP. MI/Op. (Lf"t `ANLL VEPFYNL DIY@PAf ND L nG 'b R'PATQNS Mll TEQ rllE9!ELAIx.TIAP A1TE RXPW54 MmS lCE MIKC MEFLP.TEP,fLFSKR% �. _4 RESORT V..r.s.Raa»a rw.se..Lw.i'aLr_ r�LLrr�rWa16 12107 Sagedowne Ln. Houston, Texas 77089 ¢ R � � g i b e U k i ► h ! to I V x i. I.OAf e k b 10 vyrrwh.rgr� v.rRare.�r�..,r� Verify WO Structural rran5 Verify With Structural Plan5 N\ rl SECTION AT TV ROOM Y SECTION AT LMNG ROOM W N �, >v ILA z l b O b 4 6 } V (1 SECTION AT LAUNDRY Fd .c..c unL•r Abtk ree.vrr.s.Raas W..S...�m..irwr.�w�r�L.�rrreha.te 0 �i .±�¢ �s ra�1 i isrnx rw.swe u..wrx r,.. n..r.L...rrre.. a.re ""' w.r � J v r�sda»z 4.s... Lr.. �•T3 ijj� a 4 C • y�3 tit ,77i �p x'f7f Elly i�EE'S bath APA 6, h� d Ecom I Excersice Room L Room fv Room Off ce _ 5 ; YiI N.M1e_1Je�rY tYlA5.6WEFg1 mH5LRUL1Yxe sismee rmure.vRsox W Verify With Structural Plan5 n SECTION AT FOOL LENGTH \UIFYAU.I71MRN51ON5 A4.0 5 May 24, 2016 Consider a request for a revised Specific Use Permit to allow the expansion of an existing self - storage facility at 1655 S. Major Drive BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager 6J�3 PREPARED BY: Chris Boone, Planning & Community Development Director MEETING DATE: May 24, 2016 REQUESTED ACTION: Council consider a request for a revised Specific Use Permit to allow the expansion of an existing self -storage facility at 1655 S. Major Drive. BACKGROUND Greg Allen requested and received a Specific Use Permit to open a self -storage facility at 1655 S. Major Drive in July of 2003. This current request is to allow two (2) additional buildings on the property. These new buildings would expand the property's storage capacity. The new structures are located at Major Drive and should not further disturb neighboring properties to the east. There will be no changes to the hours of operation, or the manner in which business is conducted at the site. At a Joint Public Hearing held on May 16, 2016, the Planning Commission voted 8:0 to approve a request to consider a revised Specific Use Permit to allow the expansion of an existing self storage facility at 1655 S. Major Drive with the following conditions: 1. All requirements set forth by City Fire Departments be met. 2. Installation of a sidewalk along Major Drive. FUNDING SOURCE Not applicable. RECOMMENDATIONS Approval of the ordinance with the following conditions: 1. All requirements set forth by City Fire Departments be met. 2. Installation of a sidewalk along Major Drive. SPECIFIC USE PERMIT APPLICATION BEAUMONT, TEXAS (Chapter 28, City codes) TO: THE PLANNING COMMISSION AND CITY COUNCIL, CITY OF BEAUMONT, TEXAS APPLICANTS NAME: 6 reo R A l l-eki APPLICANTS ADDRESS: G3c2w l Psx -¢ C i .l e L1 , TL '774 APPLICANTS PHONE #: *261 99STLP — F,A,X, #: so I & 9s, 4195; �4 NAME OF OWNER: /JO yrayi �1� 5 qe� r p ADDRESS OF OWNER: &46el L/ �,�h � ,,�}' 0 , 14 ZZ I LOCATION OF PROPERTY: 1&-456 UIV J#,!vTd �V_&VE_ 8gw w,:w j %X 7770"7 LEGAL DESCRIPTION OF PROPERTY: LOTNO. I�+ �'1J. «' .�� 44 I!o OR BLOCK NO. >� TRACT PLAT. ADDITION l j0&(;gm' r . V e>) 6,e `tel '9 SURVEY NUMBER OF ACRES 3. 511 Ae, 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 legalfield note description. PROPOSED USE: mkft- td '5P I k 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 %" 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: LESSTHAN % ACRE.................................................................$250.00 % 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 amende d approved by City Council. SIGNATURE OF APPLICANT: DATE: SIGNATURE OF OWNER: DATE: PLEASE TYPE OR PRINT AND SUBMIT TO: CITY OF BEAUMONT FILE NUMBER DATE RECEIVED: PLANNING DIVISION 801 MAIN STREET, ROOM 201 BEAUMONT, TX 77701 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. LONESTAR ARCHITECTURE 23238 Sawleaf Circle Katy, Tx 77494 281-794-9876 19 April 2016 City of Beaumont, Texas Planning and Zoning Department RE: Amended SUP for Uncle Bob's Self Storage 1655 S. Major Drive Beaumont, Tx 77707 As part of the Special Use Permit process, we had a pre -SUP meeting on April 7, 2016 to discuss this project. We have done our best to address all of the items from that meeting in this submittal. EIGHT CONDITIONS FOR SUP 1. The existing property is already permitted for Self Storage. The amended SUP would not change the use of the property. 2. The expansion of this facility would not impede normal development of surrounding property. 3. With the exception of a new fire line to the new Building `D', all utilities, roads, drainage and supporting facilities will remain the same. 4. The curb cuts off S. Major Drive will remain as is. Three parking spaces will be relocated, but all other parking and driveways will remain. 5. The existing property is already permitted for Self Storage. The amended SUP would not change the use of the property. 6. All site lighting mounted on the building will be directed to the driveway areas. 7. According to our pre -SUP meeting, the existing landscape and screening is adequate. 8. The existing property is already permitted for Self Storage. The amended SUP would not change the use of the property. Respectfully, rJ� Greg en Lonestar Architecture ORDINANCE NO. ENTITLED AN ORDINANCE ISSUING AN AMENDED SPECIFIC USE PERMIT TO ALLOW THE EXPANSION OF AN EXISTING SELF -STORAGE FACILITY IN A GC -MD -2 (GENERAL COMMERCIAL -MULTIPLE FAMILY DWELLING -2) DISTRICT AT 1655 S. MAJOR DRIVE IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS, on January 27, 2001, City Council approved Ordinance No. 01-027 issuing a specific use permit to Eugene R. Allen to allow a personal storage warehouse in a GC -MD -2 (General Commercial -Multiple Family Dwelling -2) District at 1655 S. Major Drive, with a waiver of the ten foot (10') wide buffer requirement on the east property line; and, WHEREAS, on July 29, 2003, City Council approved Ordinance No. 03-062 issuing an amended specific use permit to Eugene R. Allen to allow the expansion of an existing mini -warehouse facility in a GC -MD -2 (General Commercial -Multiple Family Dwelling -2) District at 1655 S. Major Drive, with a waiver to the tree requirement along the east property line; and, WHEREAS, Greg Allen wishes to amend the amended specific use permit to allow the expansion of the existing self -storage facility in a GC -MD -2 (General Commercial -Multiple Family Dwelling -2) District at 1655 S. Major Drive, being Lots 12- 16, Block A, Mayfair Addition, Beaumont, Jefferson County, Texas, containing 3.591 acres, more or less, more or less, as shown on Exhibit 'A" attached hereto and made a part hereof for all purposes; and, WHEREAS, the Planning and Zoning Commission of the City of Beaumont considered and recommends approval of the request to amend the amended specific use permit to allow the expansion of the existing self -storage facility in a GC -MD -2 (General Commercial -Multiple Family Dwelling -2) District at 1655 S. Major Drive as reflected in the site plan as shown on Exhibit "B," attached hereto and made a part hereof for all purposes; and, WHEREAS, the City Council is of the opinion that the amendment of such amended specific use permit is in the best interest of the City of Beaumont and its citizens, subject to the following conditions; • All requirements set forth by City Fire Departments be met • Installation of a sidewalk along Major Drive NOW, THEREFORE, BE IT ORDAINED BY 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 Ordinance No. 03-062 be amended by amending the specific use permit granted to Eugene R. Allen, his legal representatives, successors, and assigns for that certain tract shown on Exhibit 'A" attached hereto and made a part hereof for all purposes, to allow the expansion of an existing self -storage facility in a GCj-MD-2 (General Commercial -Multiple Family Dwelling -2) District at 1655 S. Major Drive as reflected in the site plan attached hereto as Exhibit "B," subject to the following conditions.- 0 onditions: • All requirements set forth by City Fire Departments be met 0 Installation of a sidewalk along Major Drive Section 2. Notwithstanding the site plan attached hereto as Exhibit "B," the use of the property herein above described shall be in all other respects, subject to all of the applicable regulations contained in Ordinance No. 03-062 and the regulations contained in Chapter 28 of the Code of Ordinances of the City 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 24th day of May, 2016. - Mayor Becky Ames - ,e L163-P: Consider a request for a revised Specific Use Permit to allow the an existing self-storage facility. 'plicant: Greg Allen cation: 1655 South Major Drive 0 100 200 300 400 WA II II al �rwmcLcI ��F- MMLWKM ODMUEDMM CGn I/ EXISTING SUILDING'S' ISA -7 R ONE STORY J6 7 RGOF HOG, v aruaY .l E-- r�uE 71 EYJS11NGSULDir4G'N Qjww� MESTO" , ROOT FEIGM FAST.U1151,9z TAI TAI 5Ej 5D II bul wc- iI AU' it NEI Tc - II d AU" Da 15u,l EXHIBIT "B" N �KALL 51TE FLAN REI WA AN ORI IV. 5T( MA 4-44 --------------- — — — — — — — — — — — — — sETrunc - 13UILVING V EXrEN510N EXIMGWILDING'C' SWSTOU6E 5M so ADMOKWWSOR O.MW g ONESTORY RWI HaGlff WIMMEr" Ij - — — — — — — — — — — -- ------------------ WA FASFAfENT- - - - - - - -PIPELkJE - -4- XAY** • alaeuME we ErsE>avrt — — — — — — — — — — — — CGn I/ EXISTING SUILDING'S' ISA -7 R ONE STORY J6 7 RGOF HOG, v aruaY .l E-- r�uE 71 EYJS11NGSULDir4G'N Qjww� MESTO" , ROOT FEIGM FAST.U1151,9z TAI TAI 5Ej 5D II bul wc- iI AU' it NEI Tc - II d AU" Da 15u,l EXHIBIT "B" N �KALL 51TE FLAN REI WA AN ORI IV. 5T( MA 4-44 May 24, 2016 Consider a resolution approving an amendment to the industrial district agreement with ExxonMobil BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Laura Clark, Chief Financial Officer MEETING DATE: May 24, 2016 REQUESTED ACTION: Council consider a resolution approving an amendment to the industrial district agreement with ExxonMobil. BACKGROUND By Resolution No. 16-024 and on February 2, 2016, City Council approved an industrial district agreement (IDA) with ExxonMobil Oil Corporation. Since that time, ExxonMobil has requested abatements of two potential projects that the company is in advanced stages of evaluating: ExxonMobil Beaumont Polyethylene Expansion Project (BPEX) and ExxonMobil Beaumont Refinery Capacity Expansion Project (SCANFiner) for an estimated total amount of $1.5 Billion. The IDA is being amended to include the terms of the requested abatements as follows: ExxonMobil Beaumont Polyethylene Expansion Project (BPEX): Possible construction of a world-class polyethylene manufacturing production line located alongside the current ExxonMobil Polyethylene Plant (BPEP). The facility would be constructed on approximately 300 acres of land and will include a polymerization line, finishing line, associated new utilities, control building, rail facilities and interconnecting lines to the existing plant. All new construction and equipment related to this project will receive 100% abatement for payments due in each of the ten (10) years following the year the production line is fully operational. ExxonMobil Beaumont Refinery Capacity Expansion Project (SCANFiner): Possible construction of a facility which will increase the ExxonMobil Beaumont Refinery's capacity to produce high-quality, ultralow-sulfur gasoline and diesel fuels. It would be constructed on approximately 1.5 acres of land and will include recycled compressors, reactors, cooling tower, drums, scrubbers, pumps, analyzers, instrumentation and controls, fractionation units, utilities services upgrade, building and condensers. All new construction and equipment related to this project will receive 100% abatement for payments due in each of the ten (10) years following the year the expansion is fully operational. In consideration of the above abatements, ExxonMobil will pay the City $750,000 in 2017 and 2018 and $700,000 in 2019 in addition to the calculated payment per the IDA. During the years of 2017 through 2021, the payment made by ExxonMobil shall never be less than $11 million. Amendment to Industrial District Agreement May 24, 2016 Page 2 FUNDING SOURCE Payments are accounted for in the General Fund. 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 a First Amended Agreement to the Industrial District Agreement with ExxonMobil Oil Corporation. The amended agreement is substantially in the form attached hereto as Exhibit "A" and made a part hereof for all purposes. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 24th day of May, 2016. - Mayor Becky Ames - THE STATE OF TEXAS COUNTY OF JEFFERSON FIRST AMENDED AGREEMENT This Agreement is made under the authority of Section 42.044 of the Texas Local Government Code by and between the City of Beaumont, a municipal corporation and a home - rule city located in Jefferson County, Texas, hereinafter called "CITY," and ExxonMobil Oil Corporation, its parent, subsidiaries and affiliates, hereinafter called "COMPANY." PREAMBLE WHEREAS, City Council authorized the execution of an Industrial District Agreement (IDA) by Resolution No. 16-024 on the 2nd day of February, 2016. WHEREAS, ExxonMobil has requested abatements of two potential projects: ExxonMobil Beaumont Polyethylene Expansion Project (BPEX) and ExxonMobil Beaumont Refinery Capacity Expansion Project (SCANFiner) for an estimated total amount of $1.5 Billion. WHEREAS, the parties agree that the IDA is to be amended to provide for the abatement. NOW, THEREFORE, in consideration of the foregoing promises and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, and in consideration of the mutual promises and agreements herein constrained, the Parties agree as follows: ABATEMENTS 1. Company is in advanced phases of evaluating two projects known as the ExxonMobil Beaumont Polyethylene Expansion Project (BPEX) and the ExxonMobil Beaumont EXHIBIT "A" Refinery Capacity Expansion Project (SCANFiner) with final investment decisions anticipated in 2016. a. ExxonMobil Beaumont Polyethylene Expansion Project BPEXZ Possible construction of a world-class polyethylene manufacturing production line located alongside the current ExxonMobil Polyethylene Plant (BPEP). The facility would be constructed on approximately 300 acres of land and will include a polymerization line, finishing line, associated new utilities, control building, rail facilities and interconnecting lines to the existing plant. All new construction and equipment related to this project will receive 100% abatement for payments due in each of the ten (10) years following the year the production line is fully operational. b. ExxonMobil Beaumont Refinery Capacity Expansion Project (SCANFiner): Possible construction of a facility which will increase the ExxonMobil Beaumont Refinery's capacity to produce high-quality, ultralow-sulfur gasoline and diesel fuels. It would be constructed on approximately 1.5 acres of land and will include recycled compressors, reactors, cooling tower, drums, scrubbers, pumps, analyzers, instrumentation and controls, fractionation units, utilities services upgrade, building and condensers. All new construction and equipment related to this project will receive 100% abatement for payments due in each of the ten (10) years following the year the expansion is fully operational. 2. The abatements do not include the value of existing property. The Company shall be responsible for the payment of ad valorem taxes based upon the existing value of the property and improvements as determined by the Jefferson County Appraisal District. The Company shall notify City in writing at least thirty (30) days prior to the date construction is scheduled to commence. 3. In addition to the calculated payments to be made per the terms of the IDA, Company agrees to pay to City in years 2017, 2018, and 2019, certain payments to be attributed 70% to BPEX and 30% to SCANFiner, as follows: a. Year 2017 — Up to $750,000, with $525,000 attributed to BPEX and $225,000 attributed to SCANFiner b. Year 2018 - $750,000, with $525,000 attributed to BPEX and $225,000 attributed to SCANFiner c. Year 2019 - $700,000, with $490,000 attributed to BPEX and $210,000 attributed to SCANFiner d. The payments identified in this paragraph and attributed to BPEX and SCANFiner are contingent upon the respective project receiving final Company approval and funding. Should either BPEX or SCANFiner fail to receive final approval or funding, Company's payment obligation in 2017, 2018, and 2019 will be reduced by the percent attributable (70% BPEX, 30% SCANFiner) to the project or projects that did not receive final approval or funding. 4. In addition, the Annual Payment due as defined in the industrial district agreement shall never be less than $11 million subject to the conditions for final Company approval and funding set out in paragraph 3 above. Any 2017, 2018, or 2019 payment made in accordance with paragraph 3 must be included when calculating Company's compliance with minimum payment obligations. Upper and lower limitations as set out in Article 15 (b) of the agreement shall be applied to the prior year amount paid by Company. EXISTING INDUSTRIAL DISTRICT AGREEMENT Except as indicated above, all terms of the existing IDA as originally approved and attached herein shall remain in full force and effect. IN WITNESS THEREOF, this Agreement, consisting of 4 pages, is executed in duplicate counterparts as of this day of 12016. CITY OF BEAUMONT, TEXAS as ATTEST: Tina Broussard, City Clerk Kyle Hayes, City Manager EXXONMOBIL OIL CORPORATION IIn ATTEST: Stephen Foster, Refinery Attorney Fernando Salazar, Refinery Manager Agent and Attorney -In -Fact