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HomeMy WebLinkAboutPACKET JUN 26 2018BEAUMONT REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS JUNE 26, 2018 1:30 P1VI CONSENT AGENDA Approval of minutes — June 19, 2018 Confirmation of board and commission member appointments A) Approve the purchase of two pumps from PEMSCO of Beaumont for use at the Irving Avenue underpass B) Approve the renewal of an annual support agreement with Creative Switching Designs, Inc. related to the City's ShoreTel phone system C) Approve a resolution accepting a payment to release multiple weed liens attached to property at 825 Isla Street D) Approve a payment to Motorola for a maintenance agreement to support the 800 MHz radio system E) Authorize the settlement of the claim of David Lee F) Authorize the settlement of the claim of Linda Lee G) Authorize the settlement of the claim of Jormanny Williams and Samuel Thibodeaux H) Authorize the settlement of the claim of Walter Mayfield -A BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Todd Simoneaux, Chief Financial Officer MEETING DATE: June 26, 2018 REQUESTED ACTION: Council consider a resolution approving the purchase of two pumps from PEMSCO of Beaumont for use at the Irving Avenue underpass. BACKGROUND Two pumps serving the Irving Avenue underpass have reached the end of their design life and require continuous maintenance and repair. The pumps are responsible for pumping out rain water to prevent flooding. PEMSCO of Beaumont is the sole source provider of the pump systems. The total cost for the purchase and installation of the two pumps will be $94,335.20. FUNDING SOURCE Capital Reserve Fund. RECOMMENDATION Approval of the resolution. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Council hereby approves the purchase and installation of two (2) Low -Lift two stage pumps for use by the Public Works Department for the Irving Avenue underpass from PEMSCO, of Beaumont, Texas, a sole source provider, in the amount of $94,335.20. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 26th day of June 2018. - Mayor Becky Ames - Iq BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Bart Bartkowiak, Chief Technology Officer MEETING DATE: June 26, 2018 REQUESTED ACTION: Council consider a resolution approving the renewal of an annual support agreement with Creative Switching Designs, Inc. related to the City's ShoreTel phone system. ff., To- ,_ � 1JLI The ShoreTel phone system is in use in a large number of City facilities. The system provides telephone communications, voice mail and four digit dialing. The purchase is exempt from competitive bidding since it is available from only one (1) source having exclusive rights to maintain the ShoreTel infrastructure. The amount is $86,579.44. FUNDING SOURCE General Fund — Information Technology Department. RECOMMENDATION Approval of the resolution. June 13, 2018 Terry LaFleur City of Beaumont 801 Main St. Suite 330 Beaumont, Texas 77704-3827 Dear Mr. LaFleur: The current ShoreCare Agreement on the ShoreTel Phone System expires on 08/29/2018. If you are interested in extending this agreement, all you need to do is fill out the bottom with the Type of Service you want and sign. If you use a Purchase Order please attach this form to the Purchase Order. A 20% re -instatement fee will apply if payment is not received prior to expiration of existing agreement. Type of Service Bronze Silver Gold Description of Advanced Everything listed on Everything listed coverage: Replacement/Exchange Bronze plus Remote for Bronze and of all Hardware. Phone MAC'S (Moves, adds Silver plus labor support/on-site trouble and changes) apply on software shooting and software only to the system upgrades. upgrades. (Labor on configuration at time software upgrade of service contract. Phones are not install not covered) (Does not include re- covered. Phones are not installation of current covered. system.) Phones are not covered. Price for a year: 08/30/18 to $52,472.39 $76,084.97 $86,579.44 08/29/19 Type of Service: PO Referenced: Signature: If you should choose not to participate in an annual agreement, service could be rendered on an as needed basis. Labor costs are $160.00 per hour. Parts prices are per manufacturers published price. Each service call would also be charged travel time but no mileage charge. Phone coverage quotes upon request. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Council hereby approves the renewal of an annual support agreement for the ShoreTel phone systems from Creative Switching Designs, Inc., of Houston, Texas, the sole source having exclusive rights to maintain the ShoreTel infrastructure, in the amount of $86,579.44 for use by all City departments; and, BE IT FURTHER RESOLVED THAT the City Manager be and he is hereby authorized to execute an annual support agreement with Creative Switching Designs, Inc., of Houston, Texas, for the purposes described herein. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 26th day of June, 2018. - Mayor Becky Ames - C, BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Todd Simoneaux, Chief Financial Officer MEETING DATE: June 26, 2018 REQUESTED ACTION: Council consider a resolution accepting a payment to release multiple weed liens attached to property at 825 Isla Street. BACKGROUND Between the years 1985 and 1991, a total of 12 weed liens were attached to property legally described as 825 Isla Street, Lot 5, Block 10 of the North Addition. The principal amount due is $1,517.90, total interest accrued since the filing of said liens is $4,484.91 and lien assessment fees of $36.00, for a total amount of $6,038.81. The owner is offering to pay $1,553.90, which is the principal balance and the lien assessment fees. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of the resolution. t RESOLUTION NO. WHEREAS, twelve (12) weed liens, dated between the years 1985 and 1991, in the amount of $6,038.81, represented by $1,517.90 in principal, $4,484.91 in interest, and $36.00 in lien assessment fees, exist against property described as 825 Isla Street, Lot 5, Block 10, of the North Addition; and, WHEREAS, Pastor Domingo Torres, of Central City Baptist Church, is offering to compromise and settle the amount of the pay off of the liens for the amount of $1,553.90 for property described as 825 Isla Street, Lot 5, Block 10 of the North Addition; and, WHEREAS, the City recommends approving payment in the amount of $1,553.90, being $1,517.90 in principal and $36.00 in lien assessment fees, for the pay off of weed liens on property described as 825 Isla Street, Lot 5, Block 10 of the North Addition, waiving interest in the amount of $4,484.91 is in the best interest of 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 lien payoff for 825 Isla Street, Lot 5, Block 10 of the North Addition be and it is hereby approved in the amount of $1,553.90, being $1,517.90 in principal and $36.00 in lien assessment fees and interest be and it is hereby waived in the amount of $4,484.91; and; BE IT FURTHER RESOLVED THAT the City Manager is hereby authorized to execute all documents necessary to evidence the release of the weed liens in the amount of $6,038.81 for the above described property in return for the payment of $1,517.90 in principal and $36.00 in lien assessment fees. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 26th day of June, 2018. - Mayor Becky Ames - BEAUMONT TEXAS TO: FROM: PREPARED BY: MEETING DATE: REQUESTED ACTION: BACKGROUND City Council Kyle Hayes, City Manager Bart Bartkowiak, Chief Technology Officer 15 13 June 26, 2018 Council consider a resolution approving a payment to Motorola for a maintenance agreement to support the 800 MHz radio system. Council approved Resolution 18-132 at the June 19, 2018 meeting. This resolution approved the payment of Beaumont's portion of the match amount. However, the City of Beaumont as the grant recipient is responsible for paying the entirety of the Motorola maintenance contract in the amount of $286,000.00. The resolution needs to approve the payment of the entirety of the Motorola invoice. Funding from the Department of Homeland Security Supplemental 2015 Port Security Grant Program (PSGP) will cover 75% of this maintenance in the amount of $214,500.00. The 25% match will be shared among all participating entities. The City of Beaumont's portion of the match will be $21,205.83. The 800 MHz radio system is shared with Jefferson County, Hardin County, Orange County, the City of Orange, the cities of Groves, Nederland, Port Arthur and Port Neches, the Port of Beaumont, BISD, Water_ District No. 10, ESD3, ESD4, Acadian and Lamar University's Police Department. FUNDING SOURCE Capital Reserve Fund. RECOMMENDATION Approval of the resolution. ;4 RESOLUTION NO.k—I 3 Z BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to approve a payment in the amount of $21,205.17 to Motorola for the City's portion of an annual maintenance agreement for support of the shared 800 MHz radio system. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 19th day of June, 2018. - Mayor Becky Ames - Pape 1/1 a MOTOROLA SOLUTIONS ORIGINAL INVOICE Payment Due Date Motorola Solutions, Inc. Transaction Number Transaction Date Total 1013010533 500 West Monroe 8230175024 05 -MAY -2018 286,000.00 USD Chicago IL 60661 Please put your Transaction Number and your Customer Account Number on your P.O. Number P.O. Date Customer Account No United States Federal Tax ID: 36-1115800 Send Payments To: Wire Transfer Details BEAUMONT, CITY OF CHICAGO ATTN: Accounts Payable 1013010533 Routing Transit Number: 026009593 PO BOX 3827 Payment Terms Payment Due Date SWIFT: BOFAUS3N BEAUMONT TX 77704 Net Due In 20 Days 25 -MAY -2018 Bank Account No: 3756319819 Visit our website at www.motorolasolutions.com 13104 Collections Center Drive BIII To Address SERVICES Chicago IL 60693 BEAUMONT, CITY OF SVC01 SVC1103C ASTRO NETWORK MONITORING $14,908.00 ATTN: Accounts Payable SVC01SVC1104C ASTRO TECHNICAL SUPPORT $7,105.00 PO BOX 3827 BEAUMONT TX 77704 SVC01SVC1413C ONSITE INFRASTRUCTURE RESPONSE-PREI AIER $141,840.00 United States SVC01SVC1102C ASTRO DISPATCH SERVICE $7,348.00 SVC01SVC1101C ASTRO INFRASTRUCTURE REPAIR W/ADV R PL $103,237.00 SVC01SVC1405C NETWORK PREVENTATIVE MAINTENANCE -L GACY $11,562.00 TOTAL $286,000.00 IMPORTANT INFORMATION Invoiced Services From For all Invoice payment Inquiries contact 01 -MAY -2018 JEFFREY HOUGHTON Invoiced To (JWQD86@motorolasolutions.com) 31 -AUG -2018 Telephone: 800-247-2346 Fax: +1(631)883-4238 Sales Order(s): Services Agreement # USC000005054-R10-APR-18 Contract Start Date: 01 -MAY -2018 Contract End Date: 31 -AUG -2018 SPECIAL INSTRUCTIONS / COMMENTS General Comment: Regular Invoice USD Subtotal 286,000.00 Total Tax TX 0.00 USD Total Tax 0.00 USD Total 286,000.00 USD Amount 286,000.00 Due Please Detach Here and Return the Bottom Portion With Your Payment ------------------------------------------------------------------------------------------------ Payment Coupon Transaction Number Customer Account No Payment Due Date Transaction Total Amount Paid 8230175024 1013010533 25 -MAY -2018 286,000.00 USD Please put your Transaction Number and your Customer Account Number on your payment for prompt processing. Send Payments To: Wire Transfer Details BEAUMONT, CITY OF CHICAGO ATTN: Accounts Payable 1140rOROLA SOLUTIONS Routing Transit Number: 026009593 PO BOX 3827 SWIFT: BOFAUS3N BEAUMONT TX 77704 Motorola Solutions, Inc. Bank Account No: 3756319819 United States 13104 Collections Center Drive Chicago IL 60693 United States DIVERSION CONTRARY TO EXPORT CONTROL LAW IS PROHIBITED RESOLUTION NO. WHEREAS, on June 19, 2018 the City Council of the City of Beaumont Texas passed Resolution No. 18-132 approving a payment in the amount of $21,205.17 to Motorola for the City's portion of an annual maintenance agreement for support of the shared 800 MHz radio system; and, WHEREAS, the City of Beaumont, as the grant recipient is responsible for paying the entirety of the Motorola maintenance contract in the amount of $286,000.00 with reimbursement to be made by the participating entities of their portions of the match; WHEREAS, the amount of the payment was cited incorrectly and Resolution No. 18-132 should be repealed; and, WHEREAS, a new resolution is necessary to approve the payment to Motorola in the amount of $286,000.00; 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 Resolution No. 18-132 be and it is hereby repealed; and, BE IT FURTHER RESOLVED THAT the City Manager be and he is hereby authorized to approve a payment in the amount of $286,000.00 to Motorola for the annual maintenance agreement for support of the shared 800 MHz radio system. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 26th day of June 2018. - Mayor Becky Ames - �E BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tyrone E. Cooper, City Attorneo&f MEETING DATE: June 26, 2018 REQUESTED ACTION: Council consider a resolution authorizing the settlement of the claim of David Lee. BACKGROUND This matter was presented and discussed in Executive Session held on June 19, 2018. The City Attorney is requesting authority to settle this claim in the amount of $6,579.20. FUNDING SOURCE General Liability Fund. RECOMMENDATION Approval of resolution. RESOLUTION NO. WHEREAS, the claim of David Lee was discussed in Executive Session properly called and held Tuesday, June 19, 2018; and, WHEREAS, the City Attorney is requesting authority to settle this claim; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT the City Attorney be, and he is hereby, authorized to settle the claim of David Lee for the sum of Six Thousand Five Hundred Seventy -Nine and 20/100 Dollars ($6,579.20); and, BE IT FURTHER RESOLVED THAT the City Manager be and he is hereby authorized to execute all documents related to settlement of the claim. The meeting at which this resolution was approved was in all things, conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 26th day of June 2018. - Mayor Becky Ames - F BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tyrone E. Cooper, City Attorney MEETING DATE: June 26, 2018 REQUESTED ACTION: Council consider a resolution authorizing the settlement of the claim of Linda Lee. BACKGROUND This matter was presented and discussed in Executive Session held on June 19, 2018. The City Attorney is requesting authority to settle this claim in the amount of $5,325.00. FUNDING SOURCE General Liability Fund. RECOMMENDATION Approval of resolution. RESOLUTION NO. WHEREAS, the claim of Linda Lee was discussed in Executive Session properly called and held Tuesday, June 19, 2018; and, WHEREAS, the City Attorney is requesting authority to settle this claim; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT the City Attorney be, and he is hereby, authorized to settle the claim of Linda Lee for the sum of Five Thousand Three Hundred Twenty -Five and 00/100 Dollars ($5,325.00); and, BE IT FURTHER RESOLVED THAT the City Manager be and he is hereby authorized to execute all documents related to settlement of the claim. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 26th day of June 2018. - Mayor Becky Ames - G- BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tyrone E. Cooper, City Attorney MEETING DATE: June 26, 2018 REQUESTED ACTION: Council consider a resolution authorizing the settlement of the claim of Jormanny Williams and Samuel Thibodeaux. BACKGROUND This matter was presented and discussed in Executive Session held on June 19, 2018. The City Attorney is requesting authority to settle this claim in the amount of $11,795.00. FUNDING SOURCE General Liability Fund. RECOMMENDATION Approval of resolution. RESOLUTION NO. WHEREAS, the claim of Jormanny Williams and Samuel Thibodeaux was discussed in Executive Session properly called and held Tuesday, June 19, 2018; and, WHEREAS, the City Attorney is requesting authority to settle this claim; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT the City Attorney .be, and he is hereby, authorized to settle the claim of Jormanny Williams and Samuel Thibodeaux for the total sum of Eleven Thousand Seven Hundred Ninety -Five and 00/100 Dollars ($11,795.00); and, BE IT FURTHER RESOLVED THAT the City Manager be and he is hereby authorized to execute all documents related to settlement of the claim. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 26th day of June 2018. - Mayor Becky Ames - H BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tyrone E. Cooper, City Attorney MEETING DATE: June 26, 2018 REQUESTED ACTION: Council consider a resolution authorizing the settlement of the claim of Walter Mayfield. BACKGROUND This matter was presented and discussed in Executive Session held on June 19, 2018. The City Attorney is requesting authority to settle this claim in the amount of $6,000.00. FUNDING SOURCE General Liability Fund. RECOMMENDATION Approval of resolution. RESOLUTION NO. WHEREAS, the claim of Walter Mayfield was discussed in Executive Session properly called and held Tuesday, June 19, 2018; and, WHEREAS, the City Attorney is requesting authority to settle this claim; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT the City Attorney be, and he is hereby, authorized to settle the claim of Walter Mayfield for the sum of Six Thousand and 00/100 Dollars ($6,000.00); and, BE IT FURTHER RESOLVED THAT the City Manager be and he is hereby authorized to execute all documents related to settlement of the claim. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 26th day of June 2018. - Mayor Becky Ames - BEAUMONT REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS JUNE 26, 2018 1:30 PM AGENDA CALL TO ORDER * Invocation Pledge Roll Call * Presentations and Recognition * Public Comment: Persons may speak on scheduled agenda items 8 and 9/Consent Agenda * Consent Agenda GENERAL BUSINESS Consider a request for a Rezoning from NC (Neighborhood Commercial) District to RM -H (Residential Multiple Family Dwelling -Highest Density) or a more restrictive District for property located at 95 South Major Drive 2. Consider a request for a Rezoning from RM -H (Residential Multiple Family Dwelling -Highest Density) to GC -MD (General Commercial -Multiple Family Dwelling) or a more restrictive District for property located at 2680 North 1 lth Street 3. Consider a request for a Specific Use Permit to allow a Residential Substance Abuse Treatment Facility in an RM -H (Residential -Multiple Family Dwelling - Highest Density) District for property located at 4655 Collier Street 4. Consider a request for a Specific Use Permit to allow the expansion of a church in a HI (Heavy Industrial) District for property located at the southwest corner of Rust Street and 13th Street Consider a request for a Specific Use Permit for a new shopping center (applicant is requesting restaurants, retail, insurance agents/carriers, health and professional or personal services) in a GC -MD -2 (General Commercial -Multiple Family Dwelling -2) District for property located at 3529 Major Drive 6. Consider a request for a Specific Use Permit to allow a restaurant in a NC (Neighborhood Commercial) District for property located at 3695 Calder Avenue 7. Consider a request for an amended Specific Use Permit to allow a Tire repair, tire sales and auto repair establishment in a NC (Neighborhood Commercial) District for property located at 2795 Eastex Freeway 8. Consider a resolution approving a six-month contract for the purchase of sodium hydroxide from Brenntag Southwest, Inc. of Lancaster, TX for use by the Water Utilities Department 9. Consider a resolution authorizing the City Manager to award a contract to Gulf Coast Electric Company, Inc. of Beaumont for the Electrical Repairs to Loeb Water Well No. 1 Site -Phase I PUBLIC HEARING Dangerous Structures 10. Consider an ordinance to declarethe following ten (10) structures to be unsafe structures and order the owners to raze the said structures within ten (10) days. If the property owner fails to comply within ten (10) days, staff is requesting City Council authorization to demolish these structures without further notification to the property owner or City Council action. Additionally, if the property owner of a structure requests and is authorized by City Council to enroll in a work program, all delinquent taxes shall be paid in full or a payment plan shall be established prior to enrollment in the work program. Enrollment in the work program shall occur within ten days after the effective date of this ordinance WORK SESSION * Review and discuss amending the Code of Ordinances to prohibit the parking of vehicles in unpaved areas of yards, with some exceptions (Requested by Councilmembers Jordan and Pate) COMMENTS Review and discuss amending the Code of Ordinances to facilitate the Trap -Neuter - Return (TNR) of feral cats Public Comment (Persons are limited to 3 minutes) Councilmembers/City Manager comment on various matters EXECUTIVE SESSION Consider matters related to contemplated or pending litigation in accordance with Section 551.071 of the Government Code: CJ Express, et al vs. Barton Construction, et al; Cause No. 122,848 Texas Poker Club Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact Kaltrina Minick at 880-3777. PUBLIC HEARING: June 26, 2018 Unsafe Substandard Structures Consider approval of an ordinance declaring certain structures to be unsafe substandard structures and ordering their removal within 10 days or authorizing the property owner to enroll the unsafe structure in a work program. 1. 280 Briggs & auxiliary building 2. 4276 Congress 3. 3450 Euclid & auxiliary building 4. 1208 Gilbert 5. 1250 Live Oak (garage apartment) 6. 2435 Long & auxiliary building 7. 5130 Oriole 8. 745 Pollard 9. 2165 Potts & garage 10. 1843 Rivercrest (auxiliary bldg only) 1 June 26, 2018 Consider a request for a Rezoning from NC (Neighborhood Commercial) District to RM -H (Residential Multiple Family Dwelling -Highest Density) or a more restrictive District for property located at 95 South Major Drive BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Chris Boone, Planning & Community Development Director MEETING DATE: June 26, 2018 REQUESTED ACTION: Consider a request for a Rezoning from NC (Neighborhood Commercial) District to RM -H (Residential Multiple Family Dwelling -Highest Density) or a more restrictive District for property located at 95 South Major Drive. BACKGROUND Gerald Condon has requested a rezoning from NC (Neighborhood Commercial) District to RM -H (Residential Multiple Family Dwelling -Highest Density) for the property located at 95 South Major Drive. Mr. Condon is selling this property to a company who hopes to build an apartment complex at this location. At a Joint Public Hearing held on June 18, 2018, the Planning Commission recommended 9:0 to rezone from NC (Neighborhood Commercial) District to RM -H (Residential Multiple Family Dwelling -Highest Density) or a more restrictive District for property located at 95 South Major Drive. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of the ordinance. APPLICATION FOR AMENDMENT OF TBE ZONING ORDINANCE BEAUMONT, TEXAS (Chapter 28, City Codes) TO: THE PLANNING COMMISSION AND CITY COUNCIL, CITY OF BEAUMONT, TEXAS APPLICANT'S NAME AND ADDRESSZIt---�%--1>_ APPLICANT'S PHONE #:" NAME OF OWNER[6> CVT ADDRESS OF OWNER:'��'�� LOCATION OF PROPERTY: `"L J5; .6VOTA-- MA77� LEGAL DESCRIPTION OF PROPERTY: • V� B �� �° �" ' �` -� �Z �' �� �� b arLa&Ms A --'S9 -j. &J—r LOT NO. OR TRACT BLOCK NO. ! "f ` ( PLAT ADDITION SURVEY" � ?2 j1E NUMBER OF ACRES '" L L� 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 fieeldl note description. /7 CURRENT ZONING DISTRICT; '> 1,— OrnrA t--� A.( -- ZONING DISTRICT REQUESTED: Z 1" L 14- ��TitGTeCD 1qULjt�L1U( - "fgU f ' HAS THE REQUEST BEEN MADE BEFORE?_&jV 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'z 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: ATE: lJ SIGNATURE OF OWNER: PLEASE TYPE OR PRINT AND SUBMIT TO: PLANNING DIVISION, ROOM 201 CITY HALL, 801 MAIN STREET BEAUMONT, TX 77701 FILE NUMBER '— DATE RECE P.O. BOX 3827 77704 (409) 880-3764 RECEIPT NUMBER FAX (409) 880-3133 - 2�vb� rrn a�„vJ�y �'r'vD'wow'?% �i7 � I4-eISfj-g 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 NC (NEIGHBORHOOD COMMERCIAL) DISTRICT TO RM -H (RESIDENTIAL MULTIPLE FAMILY DWELLING -HIGHEST DENSITY) DISTRICT FOR PROPERTY LOCATED AT 95 SOUTH MAJOR DRIVE, 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 NC (Neighborhood Commercial) District to RM -H (Residential Multiple Family Dwelling -Highest Density) District for property located at 95 South Major Drive, being Plat SP -6, Tracts 67 & 67-13, C. Williams Survey, Abstract 59, Beaumont, Jefferson County, Texas, containing 1.73 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. 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. The meeting at which this ordinance was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 26th day of June, 2018. - Mayor Becky Ames - ;•\jlf;I.AM • y1,, Ali t -C.1 ,Ee':: i tfll,�Y•`� ^ 1 -yl ts!•�,• '? __.`Y3'---�--.f�i.�I,i •.itppt, Sl qqr ,�_1'frr.1 ! '!',-a����- t..:zr;' Rs �:.�la'+--`�. �i, .. .3,';r:_tC'-.t; J 1 ;,�5--•�:- ••}':`'. ela"':L�:{_:'.t,�:;> ' ;:, _ u •� �, ac`'i •`' (r. j, K'F�.'I :. 1, t� ''• uf' ,` Fri• ka+ tJ• l�r.-__ ral..i �Sl, l// t.t'Se ..:;:V :..t. ."`•. - __ •,�,-:- .`.: S }�`ct / "•r ,'�t.i :•�+'r`..",:'1=t+..I{yftr: "'Ltd+- •f'^r CI tt - � ••a i'' j 9 rr �,• ..�' !)7 � M- IR` J: .! Ff d ., k � °.i�f, t;� �,? ..j,,'�``,��` a,t ^^ ('tT•.l;r: J,.. �n; - _ �� `9;f_��r 3 e r ,ap/,• -(', •1: •, •' ;. L "� e.��`�, �', ,+ r:, %.�;X i°�.! 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'i''—`li•4_,.'4 :-�.�.i' 4 ti7� 7 P' _ �� ' •I-�`�'S. .1 i; :vi-- ,'�•F�^ ia�^'i'±•$: 1C 2 June 26, 2018 Consider a request for a Rezoning from RM -H (Residential Multiple Family Dwelling -Highest Density) to GC -MD (General Commercial -Multiple Family Dwelling) or a more restrictive District for property located at 2680 North 1 lth Street BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Chris Boone, Planning & Community Development Director MEETING DATE: • June 26, 2018 REQUESTED ACTION: Consider a request fora Rezoning from RM -H (Residential Multiple Family Dwelling -Highest Density) to GC -MD (General Commercial -Multiple Family Dwelling) or a more restrictive District for property located at 2680 North 11th Street. BACKGROUND John Wilson has requested a rezoning from RM -H (Residential Multiple Family Dwelling.- Highest welling;Highest Density) to GC -MD (General Commercial -Multiple Family Dwelling) District for a portion of the property located at 2680 North 11th Street. Mr. Wilson would like to use the property for a new restaurant. While the front of the property is zoned GC -MD (General Commercial -Multiple Family Dwelling), the rear portion of the property is zoned RM -H (Residential Multiple Family Dwelling - Highest Density). A restaurant is not permitted in RM -H zoning. Planning staff recommends rezoning of the property to GC -MD -2 (General Commercial -Multiple Family Dwelling -2). This zoning would require submittal of a Specific Use Permit and offer a buffer for the residential properties located to the north and east. At a Joint Public Hearing held on June 18, 2018, the Planning Commission recommended 9:0 to rezone from RM -H (Residential Multiple Family Dwelling -Highest Density) to GC -MD -2 (General Commercial -Multiple Family Dwelling -2 for property located at 2680 North l la' Street. FUNDING SOURCE Not applicable. RECOMMENDATION 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: 0 /`'V 0 APPLICANT'S PHONE#: ��� _ ��� ���?(� FAX #: NAME OF OWNER: 4P!/O.li �PN i�/r1 LLC ADDRESS OF OWNER: W /i/r11�4-7*4"0" 171 LOCATION OF PROPERTY:_ _ ) o LEGAL DESCRIPTION OF PROPERTY: /� 6 � /� rf OR TRACT LOT NO. ��� � �(� f ` 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 to be changed, and a complete legal field note description. CURRENT ZONING DISTRICT: 6 C ZONING DISTRICT REQUESTED: G HAS THE REQLTEST BEEN MADE BEFORE? IF SO, DATE: ACTION: SUBNIIT 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 ORA MORE RESTRICTIVE DISTRICT. SIGNATURE OF APPLICANT: DATE:/rP SIGNATURE OF OWNER n 4 (IF NOT APPLICANT):'\ PLEASE TYPE OR PRINT AND SUBMIT TO: PLANNING DIVISION, ROOM 201 CITY HALL, 801 MAIN STREET BEAUMONT, TX 77701 FILE NUMBER: cz P.O. BOX 3 827 77704 DATE RECEIVED: (409) 880-3764 RECEIPT NUMBER: FAX (409) 880-3133 May 24, 2018 Planning Commission and City Council City Hall, 801 Main Street Beaumont, Texas, 77704 Dear Planning Commission and City Council, I'm currently looking to help revitalize the 1111 street corridor and rezone 2680 111' St. N. It is currently zoned both GC -MD and R -MH. I am wanting to build a neighborhood full-service restaurant that overlooks the acre pond and 5 acres of mature landscape. In order to create a unique setting in the middle of town, I'm going to need to rezone it to GC -MD. I currently own Jwilson's Restaurant at 4190 Gladys Ave and have been operating since September of 2015. Thanks for your consideration and have a great day! Sincerely, John Wilson i G Sl it r _ fiY ! y 7vt f'ttl .F �� 9 r - r s'h tang.TS n Ono '[ JW 10 -Ay Who .y��gy��f� yt'• y�d W'F <Y t t d �- 1 Sa A� Tti'2 1 ! C \i � r j HOWELL & MVIS Conjuldng -Engin gem, Inc. Regents Ptrk - 36 �Enterstate 10 morth° shite 105 9i ant, Tuma M07 (404) 835-W (3) TRACT "A" • Exiaiblt 1eAre March 31, 1987 BEING a 1.2943 acre tract of land in the A. Williams Survey, Abstract 385, Beaumont, Jefferson County, Texas, being out of and a part of a 5.976 acre tract and being part of Tracts 1 and 3 as conveyed by ilall.on Homes, Inc. to Earl- C. 1fri.ght, Jr., Herrman F. Mazur and Joe C. Vernon by deed dated October 6, 1981 " and recorded'i:n Volume 2343, Page 51 of the Beed Records of Jefferson County, Texas, and being part of the same property conveyed by Earl C, Nright, Jr. to Anton Dal Sasso, Herman F. Mazur and Joe C. Vernon by deed dated October 17, 1983 and recorded in Film Code 100-35-2064 of the Real Property Records of said county; BEGINNING at a concrete monument found marking the nor=theast corner of the 5.9.7 acre tract and the southeast corner of Lake Forrest Addition and being the southeast corner of Lot 1, Block I o4 s -aid addi; taxon as- recorded in Volume 8, Page 25 of the Uap Records• of Jefferson County, Texas, and being the northeast cornet- of the S°75 acre Tract #3 as described in the aforementioned deeds; THENCE SOUTH QP 081 1.3" EAST along the east line of the 5.976 acre tract and the 1. 2948 acre tract herein described and being along the east line of said 5;75 acre. tract, a distance of 99°10 fr=et to a point for the southeast corner- of the 1.2948 acre tract; THENCE SOUTH•88° 26t•• WEST along the south line of the 1.2948 acre tract horein described, a distance of 518,41 feet to a point for corner; THENCE SOUTH 480 38t• WE$T along a southeasterly line of the 102S"48 acre tract, a distance of 123.06 feet to a poin=t for the most souther1r corner of said 1.2948 acre tract, said corner being located in the northeasterly right of way line of Eleventh Street and in tho southwesterly line of the afordmen:tioned Tract 11 THENCE NORTH 34-0 35, 53" WEST along way la=ne of Eleventh Street and the #l, a distance of 43.68 feet to an most westerly corner of Tract R1; the northeasterly right of southwesterly line of Tract iron rod founts marling the _f. ayE� SILLY. °i. &iOWEM O L s7 t� e Mage Two 1°2948 Acre Tract March 31, 1987 THENCE NORTH 480 381 EAST along the northwesterly line of said Tract #1, at a distance of 76.0 feet pass the most northerly corner of Tract 1 and continue along the southeasterly line of that certain. 0.1755 acre tract described in deed recorded in Volume 2341, Page 51 of the Deed Records of Jefferson County, Texas, for a total distance of 220.63 feet to an iron rod set marking the most easterly corner of said 0,1795 acre tract, said corner bding located in tete south line of Lake Forrest 'Addition and in the north line of the aforementioned 5.75 acre Tract 03° THENCE NOR'T'H 8.80 26¢ EAST along the north Line of Tract #3 and the north line of the 5.976 acre tract and the south lime of Lake Forrest'Addition., a distance of 460.73 feet to the PLACE OF BEGINNING, containing in area 1.2948 acres of land, more or less. �� 3 A(MELL & ph Regent®�'arfs e dnter2te 10 North. Swee 105 B=Mant, Tesco 87707 (4491 8a5-3445 March 31, 1987 (4) TRACT "B" BEING a 1.2949 acre tract of land in the A. Williams Survey, Abstract 385, Beaumtant, Jefferson County, Texas, being out of and a part of a 5.976 acre tract and being part of Tracts 1 and 3 as conveyed by Dallon Homes, Inc. to Earl C. Wright, Jr., Herman F. Mazur -and Joe C. Vernon by deed dated October 6, 1981 and recorded in Volume 2343, Page -51 of the Deed Rec- ords of Jefferson County, Texas, and being part of the same property conveyed by Earl C. Wright, Jr. to Anton Dal Sasso, Herman F.. Mazur and Joe C. Vernon by deed dated October 17, 1983 and recorded in Film Code 100-35-2064 of the Real Property Records of said county. COZVMNCING at a concrete monument found marking the northeast corner of the 5.976 acre tract and the southeast corner of Lake Forrest Addition and being the southeast. corner of Lot 1, Block I of ' s'ai:d addition as, recorded in Volume 8, Page 25 of the Map Aecards oil Jefferson County, Texas, and being the northeast corner of the 9.75 acre Tract #3 as described in the afore- i4entioned deeds; THENCE SOUTH 0o 08, 131p EAST along the east line of the 5.976 .acre tract and 'bei'ng. along the east line of said 5.7S acre tract, a distance of 99.10 feet to a point for. the northeast corner and.PLACE OF BEGINNING of the 1.2948 acre tract herein descrilted; THENCE SOUTH' O'a 08" 13" EAST along the east line of the 5.976 acne tract and being along the east -line of the 5.75 acre tract, a di: -stance of 98.06 feet 'to a point for the southeast corner of the 1,2949 acre tract; THENCE SOUTH 880 26" WEST along the south line of the 1.2948 acre tract Herein described, a distance of 565.96 feet to a point for corner; THENCE SOUTH 48® 38' WEST along a southeasterly line of the 1.2948 acre tract, a distance of 27.12 feet to a paint for the most southerly corner of said 1.2948 acre tract, said corner being located in the northeasterly right of way line of Eleventh Street and in the southwesteriv line of the afore- mentioned Tract #1; Page Two 1.2948 Acre Tract March 31, 1987 .THENCE NORTH 340 35, 53" WEST along the northeasteriy right Of way line of Eleventh Street and the southwesterly luxe of Tract #1, a distance of 43.68 feet -to a point for the most Westerly corner of the 1.2943 acre tract herein described.; THENCE FORTH 46° 38' EAST along the northwesterly line of the 1.2948 acre tract, a distance of 123.06 feet to a point for corner; TMNCE NORTH 88' 26' EAST along the north line of the 1.2948 acre tract -herein described, a distance of 518.41 feet to the PLACE OF BEGrNNING, containing in area 1.2948 acres of land, more or less. ;�O 9 i� AIL SMELL & DAVIS • e;'�at��ates:a� �sa�fa�er�, .lir. Regaate park 8s Interstate 10 Noah, suite 105 Beaumont. Texaa77707 (40) 835.U49 March 31, 1987 (5)J TRACT � C_ BEING a 3.3864 acre tract of 1 -and in the A. Williams Survey,, Abstract 385, Beaumont, Jefferson County, Texas, being out of and a part -of a 5.976 acre tract and being part of Tracts Y and. 3 as conveyed by ballon Homes, Inc. to Earl C. Wright, •Jr*, Herman F. Mazur and Joe C. Vernon by deed dated October 6, 1981 and recorded in Volume 2343, Page 51 of the Deed Records of .Jefferson County, Texas, and Tieing part.o£ the same property conveyed by Earl. C. Wright; Jr. to Anton tial Sasso, Herman F. Mazur and Joe C. Vernon by deed dated October 17, 1983 and recorded in Film Cade 100-35-2064 of the Real Property Records of said county. COMMENCING at a concrete monument found marking the northeast corner of the S-976 'acre tract and the southeast corner of Labe Forrest Addition and being the southeast corker of Lot 1, Block 1 of said addition a's recorded in•Volume 8, Page 25 of the Hap Records of Jefferson County, Texas, and being the northeast corner of the 5-75 acre Tract #3 as described in the aforementionec deeds; THENCE SOUTH GO 08/ 13" EAST along the east line of the 5.976 acre tract and being along the east lime of said 5.75 acre triGt, a distance of 197.16 feet to a point for the northeast corner aazd- PLACE OF BEGINXTNG of the 3.3864 acre tract herein described; THENCE SOUTH 0o Q81• 13" EAST continuing along the east X•ine of the 5,9.76 acre tract and being along the east line of the 5.75 acre tract, a distance of 496.48 feet to an iron rod found marking the southeast corner of said tracts, said corner being located in the northeasterly right of way line of the abandoned T. � N. 0. Railroad; THENCE SOUTH 48° 381 WEST, a distance of 49.1 feet to•a 1" gal- vanized iron pipe found marking the most southerly corner of said 5,75 acnes and 5.976 acre tracts, said corner being located in the centerline of the abandoned T. & Ike 0. Railroad right. of ,ray; Page Twga 3{.3864 Acre Tract March 31, 1987 THENCE NORTH 410 221 WEST along said centerline, a distance of 621.17 feet to an iron rod set marking the most easterly corner of the aforementioned Tract #1 and being the most northerly corner of that -certain tract conveyed to A. J. Fiorenza by deed recorded in Volume 1470, Page 11Z of the Deed Recoads of said county; THENCE SOUTH 490 I29 301° WEST along the southeasterly line of said Tract #1 and the northwesterly line of the said Fiorenia Tract, a distance of 99.01 feet -to an iron rod found marking the most westerly corner of the Fiorenza Tract and the must southerly corner of said Tract #1, said corner being located- in the northeasterly right of way lame of Eleventh Street; THENCE NORTH 340 35' 53P° WEST along the northeasterly right of way line of Eleventh Street, and along the southwesterly line of Traci. #1, a distance of 114.23 feet to a' point for the most westerly corner of the 3.3864 acre tract herein described; THENCE NORTH 480 -38, EAST along the northwesterly line of the 3.3864 acre tract, a distance of 27.12 feet to a point for, Corner; THENCE NORTii 880 26' EAST along the north line of the 3.3864 acre tract herein described, -a distance of 565.86 feet to the PLACE OF BEGINNING, containing in area 3.3864 acres of land, more or less. m... e............».. .-... BILLY. J. HOWELL a.aam.o. c.m.a........... w.. e 8 3 0 4 I-% 01VIV ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING CHAPTER 28 OF THE CODE OF ORDINANCES OF BEAUMONT, TEXAS, AND IN PARTICULAR THE BOUNDARIES OF THE ZONING DISTRICTS, AS INDICATED UPON THE ZONING MAP OF BEAUMONT, TEXAS, BY CHANGING THE ZONING OF PROPERTY PRESENTLY ZONED RM -H (RESIDENTIAL MULTIPLE FAMILY DWELLING -HIGHEST DENSITY) DISTRICT TO GC -MD -2 (GENERAL COMMERCIAL- MULTIPLE FAMILY DWELLING -2) DISTRICT FOR PROPERTY LOCATED AT 2680 NORTH 11TH STREET, BEAUMONT, JEFFERSON COUNTY, TEXAS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. WHEREAS, John Wilson has requested a rezoning from RM -H (Residential Multiple Family Dwelling -Highest Density) District to GC -MD (General Commercial - Multiple Family Dwelling) District for property located at 2680 North 11th Street, being a portion of Plat D-13, Tracts 75-A, 75-B & 75-C, A. Williams Survey, offset approximately 150 feet east of the 11th Street right-of-way, and located east of the abandoned T. & N.O. Railroad right-of-way, Beaumont, Jefferson County, Texas, containing 4.64 acres, more or less, as shown on Exhibit "A," attached hereto; and, WHEREAS, at a Joint Public Hearing held on June 18, 2018, the Planning Commission recommended 9:0 to rezone from RM -H (Residential Multiple Family Dwelling -Highest Density) District to GM -MD -2 (General Commercial -Multiple Family Dwelling -2) District for property located at 2680 North 11th Street; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this ordinance are hereby, in all things, approved and adopted; and, Section 1. That Chapter 28 of the Code of Ordinances of Beaumont, Texas, and in particular the boundaries of the zoning districts, as indicated upon the Zoning Map of the City of Beaumont, referred to in Section 28.01.005(b) thereof, is hereby amended by changing the zoning of property presently zoned RM -H (Residential Multiple Family Dwelling -Highest Density) District to GC -MD -2 (General Commercial -Multiple Family Dwelling -2) District for property located at 2680 North 11th Street, being a portion of Plat D-13, Tracts 75-A, 75-B & 75-C, A. Williams Survey, offset approximately 150 feet east of the 11th Street right-of-way, and located east of the abandoned T. & N.O. Railroad right-of-way, Beaumont, Jefferson County, Texas, containing 4.64 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. 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. The meeting at which this ordinance was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 26th day of June, 2018. - Mayor Becky Ames - e 2348- e Col, S dj a wew g) 9-1019h es -Densit3') Dfs st for a Re2pnin PPlica a xuore restric • pct tO GC_ g Brox R- oca • Job a fir• five Dfstrict. (Gexteral � i /a rat b 3"9;: ` fd/ G 0 31Ib'!!DS I dO.L370AlIdS f P dol FOR PARKING `--POWER LINES & EASEMENT i I I I � t EXI ING r STRU RES �r �5 EXISTING f -r \ CONCRETE J: , PARKI. NG C; z68o N 11TH STREET z68o N 11TH STREET 3 June 26, 2018 Consider a request for a Specific Use Permit to allow a Residential Substance Abuse Treatment Facility in an RM -H (Residential -Multiple Family Dwelling -Highest Density) District for property located at 4655 Collier Street BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager oa PREPARED BY: Chris Boone, Planning & Community Development Director MEETING DATE: June 26, 2018 REQUESTED ACTION: Council consider a request for a Specific Use Permit to allow a Residential Substance Abuse Treatment Facility in an RM -H (Residential -Multiple Family Dwelling -Highest Density) District for property located at 4655 Collier Street. Land Manor, Inc. is requesting a Specific Use Permit to allow a residential substance abuse treatment facility at 4655 Collier Street. The applicant states the facility would treat adolescent males. This location would be a 24 hour residential facility where the individuals live on a temporary basis. Severalyears ago, the property was used as a residential treatment facility, but had been converted to office space for the past 10 plus years. Therefore, a Specific Use Permit was required. The facility will accommodate up to 21 residents. At a Joint Public Hearing held on April 16, 2018, the Planning Commission recommended approval with conditions, but at the City Council meeting held April 24, 2018, concerns were expressed that security had not been fully discussed for this item. City Council voted to return the item to the next Planning Commission meeting for further review. At a Joint Public Hearing held on June 18, 2018, the Planning Commission recommended 8:1 to approve a request for a request for a Specific Use Permit to allow a Residential Substance Abuse Treatment Facility in an RM -H (Residential -Multiple Family Dwelling -Highest Density) District located at 4655 Collier Street with the following conditions: 1. Thirty-two (32) off-street parking spaces will be required including two (2) ADA spaces, one being van accessible. ADA compliant access isle and ramps must also be installed. 2. Structure must be brought up to Fire code per occupancy (IFC/City Ordinances). 3. Operator must provide adequate security for this facility. 4. Facility will treat only male adolescents from ages 12-17. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of the ordinance with the following conditions: 1. Thirty-two (32) off-street parking spaces will be required including two (2) ADA spaces, one being van accessible. ADA compliant access isle and ramps must also be installed. 2. Structure must be brought up to Fire code per occupancy. (IFC/City Ordinances) 3. Operator must provide adequate security for this facility. 4. Facility will treat only male adolescents fromages 12-17. SPECIFIC USE PERART APPLICATION BEAUMONT, TEXAS (Chapter A City Codes) TO: THE PLANNING COMMISSION AND CITY COUNCIL, CITY OF BEAUMONT, TEXAS APPLICANTS NAME: Land Manor Inc. APPLICANTS ADDRESS: 4655 Collier Street APPLICANTS PRONE#: (409) 838-3946 NAME OF PROPERTY OWNER: Land Manor Inc. ADDRESS OF PROPERTY OWNER -4655 Collier Street LOCATION OF PROPERTY: Beaumont, Texas 77706 LEGAL DESCRIPTION OF PROPERTY: LOT NO. BLOCK NO. ADDITION NUMBER OF ACRES FAX #: (409) 838-4298 OR TRACT 118F Bigner Replat Tract 2 PLAT X23 SURVEY NUMBER OF ACRES 1.5014 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:Residential Substance Abuse Treatment Facility ZONE'IRM-H 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 %11 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'Y2 ACRE.................................................................$250.00 '/s 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 panting areas depicted on the site plan shall be adhered to as amended and approved by City Council. SIGNATURE OF APPLICANT: SIGNATURE OF PROPERTY PLEASE TYPE OR PRINT AND SUBMIT TO: CITY OF BEAUMONT PLANNING DIVISION 801 MAIN STREET, ROOM 201 FILE NUMBER 2��J �v ` P BEAUMONT, Tx 77701 Phone - (409) 880-3764 Fax - (409) 880-3110 PLEASE MAKE NOTE ON REVERSE SIDE OF CONDMONS TO BE MET REGARDING THE SITS PLAN AND LETTER OF PROPOSED USES AND ACT VITH& Substance Use Treatment & Rehabilitation Facilities Since 1969 March 21, 2018 Dear City of Beaumont Planning Division, For over 49 years, Land Manor, Inc. has provided substance abuse treatment, rehabilitation services, HIV intervention and outreach services to South East Texas. Our mission is to overcome the disease of substance abuse and teach healthier lifestyles that promote and maintain sobriety. Our goal is to provide professional care in the most therapeutic, safe, and clean environment. We are an intricate part of the Beaumont recovery community. Currently, we have three residential programs located throughout Beaumont, Texas housing men, women and women with small children. Our support extends the walls of our buildings but builds stronger families and consequently stronger communities. Our programs utilize a therapeutic intervention approach which includes intensive therapy for inpatient and outpatient for relapse prevention. This approach is designed to enhance recovery through individual and group counseling, substance abuse education, life management skills for daily living. Programs also provide case management assistance with local resources, transportation and referrals. Services we provide are in demand. We anticipate a need for youth and/or veterans in our area. We have the location and are ready to reopen our facility at 4655 Collier Street to continue providing substance abuse treatment to those in need. Sincerely, White, LCDC Executive Director No Text ORDINANCE NO. ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A RESIDENTIAL SUBSTANCE ABUSE TREATMENT FACILITY IN AN RM -H (RESIDENTIAL MULITPLE FAMILY DWELLING -HIGHEST DENSITY) DISTRICT AT 4655 COLLIER STREET IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS: WHEREAS, Land Manor, Inc. has applied for a specific use permit to allow a residential substance abuse treatment facility in an RM -H (Residential Multiple Family Dwelling -Highest Density) District at 4655 Collier Street, being Plat D23, Tract 118, F. Bigner Replat, Tract 2, Beaumont, Jefferson County, Texas, containing 1.501 acres, more or less, as shown on Exhibit "A," attached hereto; and, WHEREAS, the Planning and Zoning Commission of the City of Beaumont considered the request and is recommending approval of a specific use permit to allow a residential substance abuse -treatment facility in an RM -H (Residential Multiple Family Dwelling -Highest Density) District at 4655 Collier Street, subject to the following conditions: ; and, • Thirty-two (32) off-street parking spaces will be required including two (2) ADA spaces, one being van accessible, ADA compliant access isle and ramps must also be installed • Structure must be brought up to Fire code per occupancy (IFC/City Ordinances) • Operator must provide adequate security for this facility • Facility will treat only male adolescents from ages 12-17 WHEREAS, the City Council is of the opinion that the issuance of such specific use permit to allow a residential substance abuse treatment facility 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, Qni-finn 1 That a specific use permit to allow a residential substance abuse treatment facility in an RM -H (Residential Multiple Family Dwelling -Highest Density) District at 4655 Collier Street, being Plat D23, Tract 118, F. Bigner Replat, Tract 2, Beaumont, Jefferson County, Texas, containing 1.501 acres, more or less, as shown on Exhibit "A," is hereby granted to Land Manor, Inc., its legal representatives, successors and assigns, as shown on Exhibit "B," attached hereto and made a part hereof for all purposes, subject to the following conditions: • Thirty-two (32) off-street parking spaces. will be required including two (2) ADA spaces, one being van accessible, ADA compliant access isle and ramps must also be installed • Structure must be brought up to Fire code per occupancy (IFC/City Ordinances) • Operator must provide adequate security for this facility • Facility will treat only male adolescents from ages 12-17. Section 2. That the specific use permit herein granted is expressly issued for and in accordance with each particular and detail of the site plan attached hereto as Exhibit "B" and made a part hereof for all purposes. Section 3. Notwithstanding the site plan attached hereto, the use of the property herein above described shall be in all other respects subject to all of the applicable regulations contained in Chapter 28 of the Code of Ordinances of Beaumont, Texas, as amended, as well as comply with any and all federal, state and local statutes, regulations or ordinances which may apply. The meeting at which this ordinance was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 26th day of June, 2018. - Mayor Becky Ames - Noll "o --f tQ I l 191 kmbiteoturel AIH-. Incorporated m MAE Pm q w+onm Dlmxet fu1 CIII.M�R DlfCll � r a ax ' va au u a as as as ae _ p amt pi ��Di1 �ayppsµy{ OWOY/.0 607010 DDM J07 MASTER SITE PLAN nm r -mo Rd XB sam n June 26, 2018 Consider a request for a Specific Use Permit to allow the expansion of a church in a HI (Heavy Industrial) District for property located at the southwest corner of Rust Street and 13'h Street BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Chris Boone, Planning & Community Development Director MEETING DATE: June 26, 2018 REQUESTED ACTION: Council consider a request for a Specific Use Permit to allow the expansion of a church in a HI (Heavy Industrial) District for property located at the southwest comer of Rust Street and 13"' Street. BACKGROUND Richard Faust of Faust Engineering and Surveying, Inc. is requesting a Specific Use Permit to allow the expansion of a church at the southwest corner of Rusk and 13th Street. The property is zoned HI (Heavy Industrial) and requires a Specific Use Permit for a church. Mr. Faust states that the church plans to add a fellowship hall, classrooms and related parking. All utilities are available and a new fire hydrant will be installed by the city, at the applicant's expense. At a Joint Public Hearing held on June 18, 2018, the Planning Commission recommended 9:0 to approve a request for a Specific Use Permit to allow the expansion of a church in an HI (Heavy Industrial) District located at the southwest corner of Rusk and 13th Street. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of the ordinance. SPECIFIC USE PERMIT APPLICATION BEAUMONT, TEXAS (Chapter 28, City Codes) TO: THE PLANNING COMMISSION AND CITY COUNCIL, CITY OF BEAUMONT, TEXAS APPLICANT'S NAME:Richard Faust- Faust Engineering and Surveying, Inc. APPLICANT'S ADDRESS: 2525 Calder Street, Beaumont, Texas 77702 APPLICANTS PHONE #: 409-813-3410 FAX #: - NAME OF PROPERTY OWNER: Lily of the Valley Missionary Baptist Church - Pastor Ambrose Nixon ADDRESS OF PROPERTY OWNER: 16 North 13TH Street, Beaumont, Texas 77702 LOCATION OF PROPERTY: At the corner of Rusk and 13th. 80Vt4t 1E]9;jT C,0,R-N0C. , LEGAL DESCRIPTION OF PROPERTY: LOT NO. Lot 1, Lot 2, and North 1/2 of Lot 11 and Lot 12 OR BLOCK NO. 32 ADDITION Van Wormer's 2nd NUMBER OF ACRES 0.38 TRACT PLA SURVEY NUMBER OF ACRES For properties not in a recorded subdivision, submit a copy of a current survey or plat showing the properties proposed for a specific use permit, and a complete legal field note description. PROPOSED USE: Adding proposed building and parking to existing site. ZONE: Heavy Industrial NO ATTACH A LETTER describing all processes and activities involved with the proposed uses. ATTACH A SITE PLAN drawn to scale with the information listed on the top back side of this sheet. ATTACH A REDUCED 8'/:" X 11" PHOTOCOPY OF THE SITE PLAN. THE EIGHT CONDITIONS listed on the back side of this sheet must be met before City Council can grant a'specific use permit. PLEASE ADDRESS EACH CONDITION IN DETAIL. ATTACH THE APPROPRIATE APPLICATION FEE: LESS THAN V2 ACRE.................................................................$250.00 %2 ACRE OR MORE AND LESS THAN'5 ACRES...................$450.00 5 ACRES OR MORE...................................................................$650.00 I, being the undersigned applicant, under t d that all of the conditii.Qns, dimensions, building sizes, landscaping and parking areas depicted on the site plan shall be adhered to as amended _ d�ppq�ved bytysk SIGNATURE OF SIGNATURE OF PROPERTY PLEASE TYPE OR PRINT AND SUBMIT TO: FILE NUMBER: Z�4. CITY OF BEAUMONT PLANNING DIVISION 801 MAIN STREET, ROOM 201 BEAUMONT, TX 77701 Phone - (409) 880-3764 Fax - (409) 880-3110 PLEASE MAKE NOTE.ON REVERSE SIDE OF CONDITIONS TO BE MET REGARDING THE SITE PLAN AND LETTER OF PROPOSED USES AND ACTIVITIES. 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 May 23, 2018 City of Beaumont Planning and Zoning Commission 801 Main Street Beaumont, Texas 77701 To Whom It May Concern: Re: Specific Use -Permit.Application —16 North 13th Street, Beaumont Telephone (409) 813-3410 Fax (409) 813-3484 Faust Engineering and Surveying, Inc., is presenting a Specific Use Permit Application for the property at 16 North 13th Street, Beaumont, Texas. The facility will be used as a fellowship hall and church classrooms. • The granting of this request will not be injurious to the use and enjoyment of other properties in the area. The property is vacant and is part of the Lilly of the Valley Baptist Church. If approved, the request includes a fellowship hall, church classrooms, and associated parking. The additional parking will provide better traffic flow in the area. • The granting of this permit will not impede the normal development of the surrounding area. The ne.ighborhood is fully developed with residential, commercial,.and industrial development. • The granting of this permit will not require additional supporting facilities. A fire hydrant will be placed'on the opposite side of 13th Street. This is shown on the plan and will be constructed by the City of Beaumont at the owner's expense. • The additional parking facilities will provide for the safe and convenient movement of traffic within the area and will not adversely affect vehicular or pedestrian traffic. 0 The granting of this permit will not create offensive odors, fumes,dust, noise, orvibration. • Directional lighting will be provided so as not to disturb or adversely affect neighboring properties. 180028 specific use letter 5-23-18 1 ORDINANCE NO. ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW THE EXPANSION OF A CHURCH IN AN HI (HEAVY INDUSTRIAL) DISTRICT AT THE SOUTHWEST CORNER OF RUST STREET AND 13TH STREET IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS, Richard Faust, on behalf of Lily of the Valley Missionary Baptist Church, has applied for a specific use permit to allow the expansion of a church in an HI (Heavy Industrial) District at the southwest corner of Rust Street and 13th Street, being Lots 1, 2 and the north '/ of Lots 11 & 12, Block 32, Van Wormer's 2nd Addition, Beaumont, Jefferson County, Texas, containing 0.38 acres, more or less; 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 the expansion of a church in an HI (Heavy Industrial) District at the southwest corner of Rust Street and 13th Street; and, WHEREAS, the City Council is of the opinion that the issuance of such specific use permit to allow the expansion of a church is in the best interest of the City of Beaumont and its citizens; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this ordinance are hereby, in all things, approved and adopted; and, Section 1. That a specific use permit to allow the expansion of a church in an HI (Heavy Industrial) District at the southwest corner of Rust Street and 13th Street, being Lots 1, 2 and the north '/ of Lots 11 & 12, Block 32, Van Wormer's 2nd Addition, Beaumont, Jefferson County, Texas, containing 0.38 acres, more or less, as shown on Exhibit "A," is hereby granted to Lily of the Valley Missionary Baptist Church, its legal representatives, successors and assigns, as shown on Exhibit "B," attached hereto and made a part hereof for all purposes. Section 2 That the specific use permit herein granted is expressly issued for and in accordance with each particular and detail of the site plan attached hereto as Exhibit "B" and made a part hereof for all purposes. Section 3. Notwithstanding the site plan attached hereto, the use of the property herein above described shall be in all other respects subject to all of the applicable regulations contained in Chapter 28 of the Code of Ordinances of Beaumont, Texas, as amended, as well as comply with any and all federal, state and local statutes, regulations or ordinances which may apply. The meeting at which this ordinance was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 26th day of June, 2018. - Mayor Becky Ames - ile 2345-P: Consider a request for a Specific Use Permit to allow the expansion of a lurch in an HI (Heavy Industrial) District. pplicant: Richard Faust -Faust Engineering and Surveying, Inc. ocation: Southwest corner of Rusk Street and South 13th Streets 0 '100 200 EXHIBIT "A" RS/SW K ST ig EASPHALT PA —ESS--FSS--ESS�ESS --ESS-- --�--� \ _L820 Ydt9 EEL— EaG EvC--e1tr-•c, ESL • VL ---EWL— EWL - d�!•.—�;VL= E=—� err—+ •��-�• 0!E-��-_. 1 f1f Mr CWS- CHE_- T N 8655101' E 100.00' °f— . 6' LANDSCAPING PER 6'LANDSCAPING m METAL 40.16' LOT 10 BUILDING SETBACK UNE AREA PRESEMLY USED FOR PARKING .: ----- - - CONC J AIR-CONDITIONING UNIT STEPS POWER POLE LOT 2 GUY ANCHOR Minimum Lot area 10,000 ONE STORY MlnAnum lot width 100 BUILDING Mln&num Lot depth 1D0 ROW ON BLOCKS Abutth-Street Aa)ss street frwn 25 2196.3 SQ. FT COVD TELEVISION PEDESTAL Across etreet from 40 If S77EEP8 FIRE HYDRANT Ebwg(y Non-Residentlo! 5 o Residential 25 •ice REQUIRED 771 8.00' - 30.00' EXHIBIT "B"So PROP. ONE STORY BUILDING 1205 SQ. FT. FF ELEV. 16.50 LOT 11 5.79' �= � '•� I S7A6°!NO PER 44 :..............: * DET. 1 C5 faCF�,. 8169E G/ `4t C 1 THE SEAL APPFARDC ON THE ( 20.00 DDUIUM 1019 AUniDFJM BY 1 FXaM D F FAN51 P.E. safes,. IFM 35.16' fLwr N/D�800 35"' 5 16' // •%Yl Yl / �_ 5' BU201NG SETBACK LINE VC ENGINEERING AND SURVEYING, INC. PROFESSIONAL ENGINEERS AND PROFESSIONAL SURVEYORS 2525 CALDER STREET ■ BEAUMONT, TEXAS T7702 ■ C409) 813-3410 ENGINEERING FIRM NA 4800 ■ SURVEYING FIRM ND.100024-00 THE PROPERTY IS ZONED U AIR-CONDITIONING UNIT (UGHTLNDUS7mo AND HAS POWER POLE 7HE FOLLOIWNG SETBACK REQ. S: GUY ANCHOR Minimum Lot area 10,000 sgft MlnAnum lot width 100 ft Mln&num Lot depth 1D0 ROW ft Abutth-Street Aa)ss street frwn 25 ft Non-ResWentiol TELEVISION PEDESTAL Across etreet from 40 If Residential AnaH7np Other Lines FIRE HYDRANT Ebwg(y Non-Residentlo! 5 ft Residential 25 ft ■A.G AIR-CONDITIONING UNIT •P.P. POWER POLE eGUY GUY ANCHOR x( L.P. LIGHT POLE 0 SIGN FIET. ELECTRIC TRANSFORMER 0 T.P. TELEPHONE PEDESTAL 0 T.V. TELEVISION PEDESTAL + T•B.M. TEMPORARY 13ENCHMAF- •9- F.H. FIRE HYDRANT N fESS _A1_ P Pc I ( SCALE: 1' - 25' BROKEN 1 1 ASPHALT •1 � 11 �� 1. 3Ln i• 1 .1 y I" PROPOSED F7RE' HIDRAN ( - INSTALLED BY CITY OF ' BEAUMOVT FORCES AT CONTRACTOR'S EMENSE 50.00' PARKING NOTES DaMNC SANTARY SEM — ESS PROPOSED SWARY MM 0.0 0' © czi -"■ PROPOSED BUILDING 1205 S0. FT. a 10 SPACES TOTAL '..405 SQ. F7: HANDICAP SPACE REO. 2 SPACES SIC GROUP: RELIGIOUS ORGANIZATIONS TOTAL SPACES PROVIDED 12 SPACES I ( 7.12'i 1 ISLAND (1 PER PROPOSED ( REQUIRED 20 SPACES) ".:::L"�_. .•. ASPHALT EXHIBIT "B"So LWE GHE DHE— — GAS GAS—1 140.25 L 0 T 12 24.00 75.55' 78.25' I --- m I9.12' 118.00' H 11� I I © Z I I I III I 8655'01' E 100.00' I d� REWOE 18, 2GA REOPEN D/TER PROPOSED 1' WA7ER RPZ VAL 111TH SCREEA PER CITY OF BEAUMONT - RPZ OW -INE WATER SFRNCE MUST BE 1NS7ALLEO 12' DOfWJS7REAM OF W. V. WATER VALVE ® IMM. WATER METER PARKING NOTES DaMNC SANTARY SEM — ESS PROPOSED SWARY MM EXISTING BUILDING 2200 SQ. FG PARIONG REWIRED 5 SPACES PROPOSED BUILDING 1205 S0. FT. PARKING PROVIDED 10 SPACES TOTAL '..405 SQ. F7: HANDICAP SPACE REO. 2 SPACES SIC GROUP: RELIGIOUS ORGANIZATIONS TOTAL SPACES PROVIDED 12 SPACES PARKING GROUP 18 1 SPACE PER LANDSCAPING 1 ISLAND (1 PER BOO SO. FT: REQUIRED 20 SPACES) W. V. WATER VALVE ® IMM. WATER METER SOB= PRO EM t!6 DaMNC SANTARY SEM — ESS PROPOSED SWARY MM ESS — ADJACENT TROPERT( IDIE ® GRATE INLET ® STORM SEWER MH SEMUK R'S_. ss— DEW WATER LNE — EWL EWL— ® SANITARY SEWER MH FAM@!T PROPOSED WATER 1!E O Ga SEWER CLEANOUT CFIAN IIfIK FTIICE W fX51N0 510RY SERER W — NDW 1ENM EST PROPOSED STORY SM EST— COVERED AREA ROCK OR GRAVEL Q o — — Q o = ST — �� UEMW WE TOP OF DM EXHIBIT "B"So LWE GHE DHE— — GAS GAS—1 �oTMM O F Ixl 5 June 26, 2018 Consider a request for a Specific Use Permit for a new shopping center (applicant is requesting restaurants, retail, insurance agents/carriers, health and professional or personal services) in a GC -MD -2 (General Commercial -Multiple Family Dwelling -2) District for property located at 3 529 Major Drive BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager tya PREPARED BY: Chris Boone, Planning & Community Development Director MEETING DATE: June 26, 2018 REQUESTED ACTION: Council consider a request for a Specific Use Permit for a new shopping center (applicant is requesting restaurants, retail, insurance agents/carriers, health and professional or personal services) in a GC -MD -2 (General Commercial -Multiple Family Dwelling -2) District for property located at 3529 Major Drive. BACKGROUND Richard Faust of Faust Engineering and Surveying, Inc. is requesting a Specific Use Permit to allow anew shopping center just south of 3529 Major Drive. This property was annexed in 2016 and zoned to GC -MD -2 (General Commercial - Multiple Family Dwelling - 2) earlier this year. All development on this portion of the west side of Major Drive was existing when the annexation took place. Mr. Faust states that possible uses may include restaurants, retail, insurance agents/carriers and health, professional or personal services. The site will include up to twelve (12) lease spaces. All utilities are available along North Major Drive and the developer states that drainage will be provided by TXDOT (Texas Department of Transportation). At a Joint Public Hearing held on June 18, 2018,'the Planning Commission recommended 9:0 to approve a request for a Specific Use Permit for a new shopping center in a GC -MD -2 (General Commercial -Multiple Family Dwelling -2) District for property located at 3529 Major Drive with the following conditions: 1. A six (6) foot wide landscaping edge or buffer shall be required along the parking lot that faces towards Major Drive, to meet Ordinance requirements. 2. Preapproved uses are limited to restaurant, retail and professional office space. 3. Construction plans must meet all requirements by Water Utilities for water and sanitary sewer services. 4. Sidewalk must be provided along Major Drive. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of the ordinance with the following conditions: 1. A six (6) foot wide landscaping edge or buffer shall be required along the parking lot that faces towards Major Drive, to meet Ordinance requirements. 2. Preapproved uses are limited to restaurant, retail and professional office space. 3. Construction plans must meet all requirements by Water Utilities for water and sanitary sewer services. 4. Sidewalk must be provided along Major Drive. SPECIFIC USE PERMIT APPLICATION BEAUMONT, TEXAS (Chapter 28, City Codes) TO: THE PLANNING COMMISSION AND CITY COUNCIL, CITY OF BEAUMONT, TEXAS APPLICANT'S NAME: Richard Faust- Faust Engineering and Surveying, Inc. APPLICANT'S ADDRESS: 2525 Calder Street, Beaumont, Texas 77702 APPLICANT'S PHONE #: 409-813-3410 FAX #• - NAME OF PROPERTY OWNER:_ Chris Truong ADDRESS OF PROPERTY OWNER: North Major Drive, Beaumont, Texas 77713 LOCATION OF PROPERTY: South of 3529 North Maior Drive LEGAL DESCRIPTION OF PROPERTY: LOT NO. OR BLOCK NO. ADDITION NUMBER OF ACRES TRACT PLAT SURVEY NUMBER OF 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: Adding proposed building and parking to existing site. ZONE. GC -MD -2 ATTACH A LETTER describing all processes and activities involved with the proposed uses. ATTACH A SITE PLAN drawn to scale with the information listed on the top back side of this sheet. ATTACH A REDUCED 8 %:" X 11" PHOTOCOPY OF THE SITE PLAN. THE EIGHT CONDITIONS listed on the back side of this sheet must be met before City Council can grant a specific use permit. PLEASE ADDRESS EACH CONDITION IN DETAIL. ATTACH THE APPROPRIATE APPLICATION FEE: LESS THAN ''/z ACRE.................................................................$250.00 '/z ACRE OR MORE AND LESS THAN 5 ACRES...................$450.00 5 ACRES OR MORE...................................................................$650.00 I, being the undersigned applicant, underAtanA that site plan shall be adhered to as amend an pptp SIGNATURE OF APPLICANT: SIGNATURE OF PROPERTY PLEASE TYPE OR PRINT AND SUBMIT TO: FILE NUMBER: v 3.4 69 — 4 sizes, landscaping and parking areas depicted on the CITY OF BEAUMONT PLANNING DIVISION 801 MAIN STREET, ROOM 201 BEAUMONT, TX 77701 Phone - (409) 880-3764 Fax - (409) 880-3110 TE: Tp- s- ��o PLEASE MAKE NOTE ON REVERSE SIDE OF CONDITIONS TO BE MET REGARDING THE SITE PLAN AND LETTER OF PROPOSED USES AND ACTIVITIES. 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 May 23, 2018 City of Beaumont Planning and Zoning Commission 801 Main Street Beaumont, Texas 77701 To Whom It May Concern: Re: Specific Use Permit Application — North Major Drive, Beaumont Telephone (409) 813-3410 Fax (409) 813-3484 Faust Engineering and Surveying, Inc., is presenting a Specific Use Permit Application for the property on North Major Drive, South of 3529 North Major Drive, Beaumont, Texas. -The site will provide up to 12 lease spaces with the appurtenances including parking, utilities, and drainage. The uses for.the lease spaces may include restaurants, professional services, general retail, health services, apparel and accessory stores, personal services, and insurance carriers and agents. In granting the permit, please note the following: The granting'of this request will not be injurious to the use and enjoyment of other properties in the area. The property is vacant and is part of a larger tract owned by the developer. The additional parking will provide improved traffic flow and the entrance was constructed as part of the original site to the north. Traffic flow will not be adversely altered by this permit. • The granting of this permit will not impede the normal development of the surrounding area. The neighborhood is being developed with commercial and residential sites. This specific use request meets the current trend in this area. • The granting of'this permit will not require additional supporting facilities. Utilities are available along North Major Drive and it is the responsibility of the developer to extend the utilities to the site. Drainage will be provided by TXDOT. • 'The additional parking facilities will provide for the safe and convenient movement of traffic within the area and will not adversely affect vehicular or pedestrian traffic. • The granting of this permit will not create offensive odors, fumes, dust,`noise, orvibration. 180115 Specific Use Application 05-23-2018 Directional lighting will be provided so as not to disturb or adversely affect neighboring properties. The landscaping and screening meets the City of Beaumont Zoning Ordinance requirements and will provide sufficient screening to insure harmony and compatibility with the adjacent properties • The granting of this permit will be in accordance with the Comprehensive Plan. If you have any questions, I may be reached by telephone at 409-813-3410. For a Firm, • Richard F. Fauss , P.E. Wo Faust Engineering and Surveying, Inc. Page 2 FAUST Engineering and Surveying, inc. Professional Engineers and Professional Surveyors Telephone (409) 813-3410 E-MAIL ADDRESS INFO@FAUSfENG.COM Fax (409) 813-3484 2525 Calder Street Beaumont, Texas 77702 Surveying Firm Registration No. 100024-00 Engineering Firm Registration No. 4800 FIELD NOTE DESCRIPTION FOR A 3.37 ACRE TRACT OUT OF ALMANZON HUSTON SURVEY ABSTRACT NO. 33 JEFFERSON COUNTY, TEXAS May 23, 2018 (BEARINGS SHOWN HEREON ARE REFERENCED TO THE TEXAS COORDINATE SYSTEM OF 1983, SOUTH CENTRAL ZONE, AND ARE BASED ON THE NORTH AMERICAN DATUM OF 1983, ADJUSTMENT 2011.) THAT CERTAIN 3.37 acre tract or parcel of land out of the Almanzon Huston Survey, Abstract No. 33, and being out of the remainder of a 44.79 acre tract conveyed to Paret Interests, L.L.C., as described in Clerk's File Number 2010043851 of the Real Property Records of Jefferson County, Texas; said 3.37 acre tract being more particularly described by metes and bounds as follows: COMMENCING 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; THENCE South 02°52'54" East (called South 00°01'20" West) along the west right- of-way line North Major Drive and the east line of the said Paret Interests, L.L.C., tract, a distance of 389.73 feet to a 1/2" rebar found and capped "FAUST" for the northeast corner of the herein described tract and being, the POINT OF BEGINNING; THENCE South 0252'54" East (called South 00'01'20" West) along the west right- of-way line North Major Drive and the east line of the said Paret Interests, L.L.C., tract, a distance of 455.00 feet to a 1/2" rebar set and capped "FAUST" for the southeast corner of the herein described tract; THENCE South 87°07'12" West, a distance of 322.80 fee, to a 1/2" rebar set and capped "FAUST" for the southwest corner of the herein described tract; 180115 legal description PAGE 1 Field Note Description THENCE North 02°52'54" West, a distance of 455.00 feet to a 1/2" rebar found for the northwest corner of the herein described tract; THENCE North 87°07'06" East, a distance of 322.80 feet to the POINT OF BEGINNING and containing 3.37 acres 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 22, 2018. Poi0 TF Richard F. Faust, P.E. Registered Professional Land Surveyor No. 4782 PAGE 2 SITE PLAN REVIEW FOR SPECIFIC USE PERMIT APPROVAL TO: Fire Marshal, Engineering, Public Health, Public Works, Traffic Division, Water Utilities and Planning & Community Development FROM: Planning Division - Adina Josey SUBJECT: Specific Use Permit Review for FILE: 2346-P Respond by:, 6/5/2018 Applicant: Richard Faust - Faust Engineering and Surveying, Inc. Phone # (409)813-3410 S.U.P. request for: a_ new shopping. center in GC -MD -2 south of 3529 Major Drive. _ REVIEW: ■ Plans for the proposed use were reviewed and approved. ■ Plans were approved with the following conditions: Construction plans must rneet:al•1 requiremefits by Water Utilities for water and sanitary sewer..services i Plans were NOT approved for the following reason: Biter Utilities 64-2018 Department Signed Date ORDINANCE NO. ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A SHOPPING CENTER IN A GC -MD -2 (GENERAL COMMERCIAL -MULTIPLE FAMILY DWELLING -2) DISTRICT AT 3529 MAJOR DRIVE IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS, Richard Faust, on behalf of Chris Truong, has applied for a specific use permit to allow a shopping center in an GC -MD -2 (General Commercial -Multiple Family Dwelling -2) District at 3529 Major 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 shopping center in a GC -MD -2 (General Commercial -Multiple Family Dwelling -2) District at 3529 Major Drive, subject to the following conditions: ; and, • A six (6) foot wide landscaping edge or buffer shall be required along the parking lot that faces toward Major Drive, to meet Ordinance requirements • Preapproved uses are limited to restaurant, retail and professional office space • Construction plans must meet all requirements by Water Utilities for water and sanitary sewer services 1 • Sidewalk must be provided along Major Drive WHEREAS, the City Council is of the opinion that the issuance of such specific use permit to allow a shopping center is in the best interest of the City of Beaumont and its citizens; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this ordinance are hereby, in all things, approved and adopted; and, Section 1. That a specific use permit to allow a shopping center in an GC -MD -2 (General Commercial -Multiple Family Dwelling -2) District at 3529 Major Drive, as described in Exhibit "A" and shown on Exhibit "B," is hereby granted to Chris Truong, his legal representatives, successors and assigns, as shown on Exhibit "C," attached hereto and made a' part hereof for all purposes, subject to the following conditions: • A six (6) foot wide landscaping edge or. buffer shall, be required along the parking lot that faces toward Major Drive, to meet Ordinance requirements • Preapproved uses are limited to restaurant, retail and professional office space • Construction plans must meet all requirements by Water Utilities for water and sanitary sewer services • Sidewalk must be provided along Major Drive. Section 2. That the specific use permit herein granted is expressly issued for and in accordance with each particular and detail of the site plan attached hereto as Exhibit "C" and made a part hereof for all purposes. 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. The meeting at which this ordinance was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 26th day of June, 2018. - Mayor Becky Ames - LEGAL DESCRIPTION FOR ORDINANCE PURPOSES THAT CERTAIN 3.37 acre tract or parcel of land out of the Almanzon Huston Survey, Abstract No. 33, and being out of the remainder of a 44.79 acre tract conveyed to Paret Interests, L.L.C., as described in Clerk's File Number 2010043 851 of the Real Property Records of Jefferson County, Texas; said 3.37 acre tract being more particularly described by metes and bounds as follows: CONEWENCING 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; THENCE South 02°52'54" East (called South 00°01'20" West) along the west right-of-way line North Major Drive and the east line of the said Paret Interests, L.L.C., tract, a distance of 389.73 feet to a 1/2" rebar found and capped "FAUST" for the northeast comer of the herein described tract and being the POINT OF BEGINNING; THENCE South 02°52'54" East (called South 00°01'20" West) along the west right-of-way line North Major Drive and the east line of the said Paret Interests, L.L.C., tract, a distance of 455.00 feet to a 1/2" rebar set and capped "FAUST" for the southeast corner of the herein described tract; THENCE South 870712" West, a distance of 322.80 fee, 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 455.00 feet to a 1/2" rebar found for the northwest corner of the herein described tract; THENCE North 870706" East, a distance of 322.80 feet to the POINT OF BEGINNING and containing 3.37 acres 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 22, 2018. EXHIBIT "A" N -C61 bel RIM --v- FJ 4 Sh Ni I ------------ ------------------- --------- --- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ---- - --- — -------------------------------- MARS -all .11 I MIMEN ,.,I I Jl 1 � �M II. jl oy ---------------- ----------- ------------------- - - - -- - - - - -------------------- 02-52'54P E 455.00'— ORTH PA G NO AS W%) I SPACE FM =9 IQ m =APON comm X1 rAcco AM= PAN= 58 WACIS WAM im sp a_ I m SCALE 4 9PAM a SPAM Wk&= ww wft bn*— d-pth im ft ." 1 44 wk.& I" Md -W Ak=j o9c C5ENGINEERING AND SURVEYING, INC. EPM9 AND PROMMOM SURV=98 49M a I%= MA MMW4-0� `Aa AR-CMTMMM VW opp. Put SEWA= LoUr GUY ANCHOR ):(LK LIGHT POLE SIGN 6 r r Exam MANWORM o rA 7amokE Pour& IIECM LK OHE- 0 rV, 7ELEVISON PMESTAL CIS 11[ + MA MWORARY M39MLM FA MM HYDRANT ESS WK WATER VALVE Pro= smum F - Es im WATER INTER m sls--ss- OEM AM LK OVATE MET —E-- STOW OEM MH PFOPO= YAM I*i. SANITARY SEWER WN F7dSGiD SRAdam x 0 asCLEAN OUT MGM" EST LU as= PRWEM LINE im W 4, ACJACW PRWBIV WE 5.2-1,18 • FOR REVIEW o9c C5ENGINEERING AND SURVEYING, INC. EPM9 AND PROMMOM SURV=98 49M a I%= MA MMW4-0� T June 26, 2018 Consider a request for a Specific Use Permit to allow a restaurant in a NC (Neighborhood Commercial) District for property located at 3695 Calder Avenue BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager 6Skl� PREPARED BY: Chris Boone, Planning & Community Development Director MEETING DATE: June 26, 2018 REQUESTED ACTION: Council consider a request for a Specific Use Permit to allow a restaurant in a NC (Neighborhood Commercial) District for property located at 3695 Calder Avenue. BACKGROUND Jessi Ly is requesting a Specific Use Permit to allow a restaurant in an existing shopping center located at 3695 Calder Avenue. Ms. Ly owns a food preparation business in Nederland. She is expanding her business to Beaumont and would like to be able to provide her customers with a place to sit down and enjoy the foods currently offered for purchase. All food preparation will be completed at the Nederland location. At a Joint Public Hearing held on June 18, 2018, the Planning Commission recommended 9:0 to approve a request for a Specific Use Permit to allow a restaurant in a NC (Neighborhood Commercial) District for property located at 3695 Calder Avenue with the following conditions: 1. Construction plans must meet all requirements by Water Utilities for water and sanitary sewer services, including any requirements of the City's pre-treatment program. 2. City ordinances and International Fire Code 2015 to be observed. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of the ordinance with the following conditions: 1. Construction plans must meet all requirements by Water Utilities for water and sanitary sewer services, including any requirements of the City's pre-treatment program. 2. City ordinances and International Fire Code 2015 to be observed. No Text n 04�- w Of. 2505 Nederland Avenue Nederland, Texas 77627 May 251h, 2018 To whom it may concern: Our business, For the Love of Foods, is located at 2505 Nederland Avenue in Nederland. We are well established and an upstanding business in our community since 2015. We support many local charities and organizations and have no delinquent taxes of any kind. We offer our community healthy eating alternatives such as meal prep, snacks and drinks. Our meals are fully prepared and cooked on site at our Nederland location. We are looking to expand to several cities over the next few years, but we have chosen Beaumont as our first expansion location. .All our meals and snacks will be prepared in Nederland and transported to Beaumont daily. We will always maintain a centralized kitchen to control quality and costs. When people enter our store they walk over to our cooler and choose a meal or meals. They have the option to heat it themselves in the microwaves provided and dine in and or pick up meals to go. We do not 'wait' on the customers and no meal service is provided. This concept has been extremely popular, and we currently produce thousands of meals a week at our Nederland location. We also offer healthy cookies, cupcakes, infused waters, protein shakes and fruit smoothies. We would like to expand and open our second location at 3695 Calder Avenue in Beaumont and we are asking for you to consider a specific use permit for our location so that we may offer our customers the option to sit down and'eat at our place. Again, this is not a traditional restaurant and they would be eating meal prep and no waiter service would be offered. Simple and easy. 1. Our specific use will be compatible with and not injurious to the use and enjoyment of other property, nor significantly diminish or impair property values within the immediate vicinity. We believe the immediate area would great benefit from our service. We have already spoken with current shopping center tenants and everyone seems excited about having FTLOF as a neighbor. 2. Our establishment will not impede the normal and orderly development and improvement of surrounding vacant properties. Our business is primarily 'pick up' and we foresee no issues with parking. Our business is clean, quiet and promote healthy living and will only add to the value of the area. I The facility we are leasing already has adequate utilities, access roads, drainage and other supporting facilities and no additions need to be added. 4. The current design, location and arrangement of all driveways and parking spaces provided are adequate for our use as is and already provide safe pedestrian traffic and will not adversely affect the public or adjacent development. 5. Our business will not produce any nuisance to others and will not prodice offensive odor, fumes, dust, noise and or vibration. 6. We will not add additional lighting to the property. Current shopping center lighting is adequate, and we believe it already provides good lighting and a safe environment for our customers. 7. Our proposed business will not in any way be a nuisance to adjacent properties and the landscaping,and screening that is currently in place at the location is sufficient. 8. Our proposed business is in accordance with a comprehensive plan to keep our community clean, healthy and prospering. Thank you for your consideration for a specific use permit and we look forward to being a part of the Beaumont, Texas community. Please feel free to call me directly with any questions or concerns. Sincerely, J Jessi Ly 409 -722 -FOOD For the Love of Foods "Skip the diet and just eat healthy." ORDINANCE NO. ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A RESTAURANT IN AN NC (NEIGHBORHOOD COMMERCIAL) DISTRICT AT 3695 CALDER AVENUE IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS, Jessi Ly has applied for a specific use permit to allow a restaurant in an NC (Neighborhood Commercial) District at 3695 Calder Avenue, being the west 20 feet of Lot 13 & Lots 14-18, Block 1, Calder Court Addition, Beaumont, Jefferson County, Texas, containing 1.705 acres, more or less, as shown on Exhibit "A," attached hereto; and, WHEREAS, the Planning and Zoning Commission of the City of Beaumont considered the request and is recommending approval of a specific use permit to allow a restaurant in an NC (Neighborhood Commercial) District at 3695 Calder Avenue, subject to the following conditions: ; and, • Construction plans must meet all requirements by Water Utilities for water and sanitary sewer services, including any requirements of the City's pre- treatment program • City ordinances and International Fire Code 2015 to be observed WHEREAS, the City Council is of the opinion that the issuance of such specific use permit to allow a restaurant is in .the best interest of the City of Beaumont and its citizens; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this ordinance are hereby, in all things, approved and adopted; and, Section 1. That a specific use permit to allow a restaurant in an NC (Neighborhood Commercial) District at 3695 Calder Avenue, being the west 20 feet of Lot 13 & Lots 14- 18, Block 1, Calder Court Addition, Beaumont, Jefferson County, Texas, containing 1.705 acres, more or less, as shown on Exhibit 'A," is hereby granted to Jessi Ly, her legal representatives, successors and assigns, as shown on Exhibit "B," attached hereto and made a part hereof -for all purposes, subject to the following conditions: • Construction plans must meet all requirements by Water Utilities for water and sanitary sewer services, including any requirements of the City's pre- treatment program • City ordinances and International Fire Code 2015 to be observed. Section 2. That the specific use permit herein granted is expressly issued for and in accordance with each particular and detail of the site plan attached hereto as Exhibit "B" and made a part hereof for all purposes. Section 3. Notwithstanding the site plan attached hereto, the use of the property herein above described shall be in all other respects subject to all of the applicable regulations contained in Chapter 28 of the Code of Ordinances of Beaumont, Texas, as amended, as well as comply with any and all federal, state and local statutes, regulations or ordinances which may, apply. The meeting at which this ordinance was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 26th day of June, 2018. -Mayor Becky Ames - . rMi J111 Z�S�, -j I -Nr;­,,-- J" LI _J�4� A G -o- , rl q;. 7 LL Ma a,—Cb I i- kk­ t�g �—ATyy mgaka .4 r VIA OR It 1. & I'ly_ W5, D ml em .......... 3f du~, bv 6 A Sri,, ow . w r_ �11_ ly ggw q, rL I 7df-W. Ar, �46 -x ROW n; -MT-r. - . I 4�, JUAl L LIM J1 7' __JIN Wr . .4ir Mill L L Vr If �ui A Wc; -aT ,41a, NA4ft" PHELAN BOULEVARD -tsEcmic (CALLED —) 3625 - 3695 CALDER AVENUE SURVEYOR'S t OMFICATE I do hereby cw-W to the best of my knowledge and belief that this Is an accurate plot of a survey made on the grounct under my supervlslon, stowing above ground improvements and visible encroachments as of APRIL25,2016. 7heabove tractbdnglocaled at 3625 - 3695 CALDER AVF_NUty BEAUMONT, TE"577706 Me &actbft desar7an4as THE WEST TWENTYFEEFOFLOTNUMBER THIRTEEN (W. 20' OF13) AND ALL OFLOTSNUMBOWD FOURTFEN THROUGH EIGHTEEN (14 THRU IB), OF CALDER COURTSADDI71ON , as nmded in VOLUME4, PAGE 191 MAP RECORDS OF JEFFERSON COUNTY, TE7YAS. In acr.4danc2 vsih 5bcd hmmce Rate Map (FB?M) of Me FWerd 8wgengManagerne 7tAgency, the subject Uartbs kotedIn Fbcd2cne notedbebw. The /notion oftheproperty was d3M7nfnedbysave AoldfielddepatlonwasnotdatEvwkmc�unlewrequeR'Ed, FAU.STEnryhe57;lgand5inveytArdoeTmtnsnantorsubua9ketotheaaaffacyofsaddmap. Q 2016 FAUST En TnawYng and Surveying, Ina. All rights reserred MMS SURVEY 15 CDMFIED FOR THIS TRANSACBON ONLY AND IS NOT 7RANSFERABLE To AODmONAL INSOTUT70N5 OR SUBSEQUENT OWNERS: USE OF M/S SURVEY FOR ANY OTHER PURPOSE OR BY OWER PARRES SHALL BE AT �,eu ••+� MEN OWN R1.W AND THE UNDERSIGNED SURVEYOR IS NOT RESPONS/BLE 70EXHIBIT T" B" -YOR NO. 4782 07HERS FOR ANY LOSS RESULTING THEREFROM. 02400 SURVEYOR'S NG 1NE FOLLOWING HEMS ARE USIID Wf71fIN /moi\ SURVEY LEGEND -� • n^' EIECTRIc IOIE Mj CONLREIE SURFACE Q SYdA8fBl0 POOL O A.c. AIR CONDTHONM UNIT = _ _ =WOOD FENCE . Pf�PL-- NE ® LIOW?M ARE1 0 D17LW ° P.P. POM POLECHAW LNX FENCE -—T—TELEPHae LNE Row aT C.'RA VEL i 0TAWN STREMOffT —S --BARBED ME FENCE CLIENT CALDER CFNRDE ,�RWERS LLC GF 20145 -MM .. d SCALE 1' 40' PHELAN BOULEVARD -tsEcmic (CALLED —) 3625 - 3695 CALDER AVENUE SURVEYOR'S t OMFICATE I do hereby cw-W to the best of my knowledge and belief that this Is an accurate plot of a survey made on the grounct under my supervlslon, stowing above ground improvements and visible encroachments as of APRIL25,2016. 7heabove tractbdnglocaled at 3625 - 3695 CALDER AVF_NUty BEAUMONT, TE"577706 Me &actbft desar7an4as THE WEST TWENTYFEEFOFLOTNUMBER THIRTEEN (W. 20' OF13) AND ALL OFLOTSNUMBOWD FOURTFEN THROUGH EIGHTEEN (14 THRU IB), OF CALDER COURTSADDI71ON , as nmded in VOLUME4, PAGE 191 MAP RECORDS OF JEFFERSON COUNTY, TE7YAS. In acr.4danc2 vsih 5bcd hmmce Rate Map (FB?M) of Me FWerd 8wgengManagerne 7tAgency, the subject Uartbs kotedIn Fbcd2cne notedbebw. The /notion oftheproperty was d3M7nfnedbysave AoldfielddepatlonwasnotdatEvwkmc�unlewrequeR'Ed, FAU.STEnryhe57;lgand5inveytArdoeTmtnsnantorsubua9ketotheaaaffacyofsaddmap. Q 2016 FAUST En TnawYng and Surveying, Ina. All rights reserred MMS SURVEY 15 CDMFIED FOR THIS TRANSACBON ONLY AND IS NOT 7RANSFERABLE To AODmONAL INSOTUT70N5 OR SUBSEQUENT OWNERS: USE OF M/S SURVEY FOR ANY OTHER PURPOSE OR BY OWER PARRES SHALL BE AT �,eu ••+� MEN OWN R1.W AND THE UNDERSIGNED SURVEYOR IS NOT RESPONS/BLE 70EXHIBIT T" B" -YOR NO. 4782 07HERS FOR ANY LOSS RESULTING THEREFROM. 02400 SURVEYOR'S NG 1NE FOLLOWING HEMS ARE USIID Wf71fIN /moi\ June 26, 2018 Consider a request for an amended Specific Use Permit to allow a Tire repair, tire sales and auto repair establishment in a NC (Neighborhood Commercial) District for property located at 2795 Eastex Freeway BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Chris Boone, Planning & Community Development Director MEETING DATE: June 26, 2018 REQUESTED ACTION: Consider a request for an amended Specific Use Permit to allow a Tire repair, tire sales and auto repair establishment in a NC (Neighborhood Commercial) District for property located at 2795 Eastex Freeway. BACKGROUND For many years, the property was the location of a service station. That business closed in the late 1990's. In June, 2005, City Council approved a Specific Use Permit to allow an auto repair shop and car wash on the subject property. That business was no longer inexistence when Mr. Sipaque made application to use the property for the sale and repair of used tires. In September of 2011, City Council approved a Specific Use Permit to allow a tire repair and tire sales establishment at 2795 Eastex Freeway, with conditions. At a Joint Public Hearing held on June 18, 2018, the Planning Commission recommended 8:1 to approve a request for an Amended Specific Use Permit to allow a tire repair, tire sales and auto repair establishment located at 2795 Eastex Freeway with the following conditions: 1. All inventory display and tire repair and installation shall be done within the confines of 'the existing building. 2. No motor vehicle sales shall be permitted. 3. Elimination of the eastern -most drive on Delaware, replacing it with a landscaped island and four (4) crepe myrtles trees. 4. No more than 14 vehicles are stored at the property in addition to what is in the 3 bays. 5. Provide a standard van accessible access isle along with one ADA compliant parking spot. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of the ordinance with the following conditions: 1. All inventory display and tire repair and installation shall be done within the confines of 'the existing building. 2. No motor vehicle sales shall be permitted. 3. Elimination of the eastern -most drive on Delaware, replacing it with a landscaped island and four (4) crepe myrtles trees. 4. No more than 14 vehicles are stored at the property in addition to what is in the 3 bays. 5. Provide a standard van accessible access isle along with one ADA compliant parking spot. SPECIFIC USE PERMIT APPLICATION . 4 BEAUMONT, TEXAS (Chapter 28; City Codes) TO'. THE PLANNING COMMISSION AND CITY COUNCIL., CITY OF BEAUMONT, TEXAS APPLICANT'S NAIVlE AP � �a b ��PLICANTS ADD� �0 APPLICANT'S PHONE #. ` . ' , e' ' % 02 FAX #: tJ A— NAME OE PROPERTY OWNER. / t & FDA l6 S % 9© bJO�O[r1(���pJ� D FA-U.44Z -7ADDRESS'OFPROPERY=OWN:• `/ LOCATION N OF PROPERTY: L= J` I fS 1-22 iV-14- V+''+ai- LEGAL DESCRIPTION OF PROPERTY: 1 . _ LOTNO_:�- IL. OR TRACT j BLOCK, -NO., ­,/3, l PLAT ADDITIONSURVEY NUMBER OF ACRES_ !oCr� 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 pernut, an&. a complete legal field note description. ZONE: %V t✓ ATTACH',LETTER descnbin processes and activities involved with the proposed uses. i ATTACH A SITE PLAN drawn to scale with the information listed on the top back side of this sheet ATTACH A REDUCED 8'/i'. X 1P 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 CUNDTITOIV IN DETAIL. ATTACH .THE APPROPRIATE APPLICATION FEE: ":.. .LESS THAN'/. ACRE...... ........................................................... $250.00 %;ACRE; OR MORE, AND LESS THAN 5 ACRES.; :................$450.00 5ACRES OR MORE ..................... ...................................$650.00 I, being the undersigned applicant, understand that all of the conditions, dimensions, building sizes, landscaping and parldng areas depicted on the site plan shall be adhered tb as amended and app3ov until. SI0,1A B4OF^APPLICANT: - DATE: SIGNATURE OF PROPERTY OWNER. 1 PLEASE;TYPE OR PRINT AND SUBMIT TO: CITY ,OF BEAUMONT PLANNING DIVISION 801 MAIN STREET, ROOM 201 BEAUMONT, TX 77701 FILE NUMBER. :, - q q Phone - (409) 880-3764 Fax = (409) 880-3110 i:. PLEASE MAGE NOTE ON REVERSE SIDE OF CONDMONS TO BE MEP REGARDING THE SITE PLAN AND LETTER OF PROPOSED USES AND ACTMTIES. Section 28.04.001 Tony and Sons Auto Repair 2795 Eastex Fry. Introduction: This document outlines the Eight conditions that are required Section 28.04.001 Eight conditions 1. We have taken strong measures to enhance the the Property. An extreme makeover which include; Painting, fence repairs, organizing parking spaces and removing customer vehicles damaged during Harvey, among many other items. 2. The previously mentioned upgrades will enhance the surrounding vacant properties. Our Landscape Maintenance contractor has been instructed to provide additional landscape around the adjacent properties and provide addition care to the new and existing Crepe Myrtle. 3. Adequate utility space, drainage and access areas have been cleared of debris. We are will immediately meet additional requirements where needed. 4. The arrangement of driveways for safe and convenient movement were made in 2011 and are still in effect. The parking areas are being restriped directionally to provide safe and vehicular traffic 5. By moving all work inside Bay areas we will prevent prevent noise, fumes and tool vibration nuisance. Washing down the parking lot of dust and dirt during dry times of the year is on our monthly checklist. If need we will make biweekly -changes to further enhance meet the requirements of the Comprehensive plan. 6. Directional lighting was upgraded in 2011. We will promptly take additional steps to meet any additional requirements. 7. Sufficient landscaping measures were taken in 2011 in the form of planting Crepe myrtle. Some of those crepe myrtles were damaged during Harvey and did not survive. We have since planted additional crepe myrtle. 8. The proposed use is in Accordance with the Comprehensive plan. When we first acquired the property it was in disarray and a huge eyesore. We acknowledge that we failed to completely understand the requirements of the Comprehensive Plan. We are committed to meet all the requirements necessary moving forward. Proposed Uses and Activity Tony and Sons Auto Repair 2795 Eastex Fry. Introduction: This document outlines the Proposed uses and Activities 1. Hours of Operation will be from Sam — 5pm ' 2. Days of Operation will be Monday thru Saturday 3. This is a Sole Proprietor business 4. This is a family owned business Operated by Tony Sepaque and his 2 sons. 5. We plan to have 3 Full time Employees which include mechanics and an office professional. I 6. The proposed operation includes Tire Repair and Tire Sales, s-rzFZlp<C q 7. We will also perform light mechanic work Example includes: brakes, engine diagnostic AC parts and service, and tune-ups. 8. A security system with exterior lighting has been installed to monitor activities during work hours and after hour activities and provide a safe environment during nighttime hours. 9. All work will be performed inside Bay areas we.will prevent noise, fumes and tool vibration nuisance. 10. We will use weekly and monthly checklist to meet code requirements. ORDINANCE NO. ENTITLED AN ORDINANCE ISSUING AN AMENDED SPECIFIC USE PERMIT TO ALLOW A TIRE REPAIR, TIRE SALES AND AUTO REPAIR ESTABLISHMENT IN AN NC (NEIGHBORHOOD COMMERCIAL) DISTRICT AT 2795 EASTEX FREEWAY IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS, on September 27, 2011, the City Council of the City of Beaumont, Texas adopted Ordinance No. 11-075 issuing a specific use permit for a tire repair and sales establishment in an NC (Neighborhood Commercial) District at 2795 Eastex Freeway; and, WHEREAS, Antonio Sipaque wishes to amend the specific use permit to allow an auto repair shop and car wash in an NC (Neighborhood Commercial) District at 2795 Eastex Freeway, being Lots 1 and 2, Block 1, Northwood Addition, City of Beaumont, Jefferson County, Texas, containing 0.18 acres, more or less, as shown on Exhibit "A," attached hereto; and, WHEREAS, the Planning and Zoning Commission of the City of Beaumont considered the request to amend the specific use permit to also allow an auto repair shop and car wash in an NC (Neighborhood Commercial) District at 2795 Eastex Freeway, subject to the following conditions: • All inventory display and tire repair and installation shall be done within the confines of the existing building No motor vehicle sales shall be permitted • Elimination of the eastern -most drive on Delaware, replacing it with a landscaped island and four (4) crepe myrtle trees • No more than 14 vehicles stored at the property in addition to what is in the 3 bays ; and, • Provide a standard van accessible access isle along with one ADA compliant parking spot WHEREAS, the City Council is of the opinion that the amendment of such specific use permit to allow an auto repair shop and car wash is in the best interest of the City of Beaumont and its citizens; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this ordinance are hereby, in all things, approved and adopted; and, Section 1. That Ordinance No. 11-075 be amended by amending the specific use permit granted to Antonio Sipaque to also allow an auto repair shop and car wash in an NC (Neighborhood Commercial) District at 2795 Eastex Freeway, being Lots 1 and 2, Block 1, Northwood Addition, City of Beaumont, Jefferson County, Texas, containing 0.18 acres, more or less, as shown on Exhibit "A," is hereby granted to Antonio Sipaque, his legal representatives, successors and assigns, as shown on Exhibit "B," attached hereto and made a part hereof for all purposes, subject to the following conditions: • All inventory display and tire repair and installation shall be done within the confines of the existing building No motor vehicle sales shall be permitted Elimination of the eastern -most drive on Delaware, replacing it with a landscaped island and four (4) crepe myrtle trees • No more than 14 vehicles stored at the property in addition to what is in the 3 bays • Provide a standard van accessible access isle along with one ADA compliant parking spot Section 2. That the amended specific use permit herein granted is expressly issued for and in accordance with each particular and detail of the site plan attached hereto as Exhibit "B" and made a part hereof for all purposes. Section 3. Notwithstanding the site plan attached hereto, the use of the property herein above described shall be in all other respects subject to all of the applicable regulations contained in Chapter 28 of the Code of Ordinances of Beaumont, Texas, as amended, as well as comply with any and all federal, state and local statutes, regulations or ordinances which may apply. The meeting at which this ordinance was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 26th day of June, 2018. - Mayor Becky Ames - .!a• ,�� • E. =":'18` ��'RS "�, n ;'•YI � � � � � iia X:..c' tib,, y. :. 'i" : •1 I, - �.tti�.:e �7: �,�� a `� � � •j . 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"Ic r EXHIBIT "B" Approval subject to the following conditions: All inventory display and tire repair and installation shall be dam within the Confirm of ft existingbOding No motor vehicle Wes shall be permifte& Elimination Offt eastern -most drive on Dalawar, replacing it with a WWsesped, Wand and four (4) crop myrtles trees. EXHIBIT "B" 0 June 26, 2018 Consider a resolution approving a six-month contract for the purchase of sodium hydroxide from Brenntag Southwest, Inc. of Lancaster, TX for use by the Water Utilities Department BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Todd Simoneaux, Chief Financial Officer MEETING DATE: June 26, 2018 REQUESTED ACTION: Council consider a resolution approving a six-month contract for the purchase of sodium hydroxide from Brenntag Southwest, Inc. of Lancaster, TX for use by the Water Utilities Department. al. TKC _M11_U 1, Sodium hydroxide is used to purify the City's water supply. The Water Utilities Department expects to purchase approximately five hundred (500) dry tons of this material during the term of the contract. Formal bids were requested from nine vendors and three responses were received. Brenntag Southwest, Inc, responded with a bid of $663.00 per ton and a total estimated amount of $331,500. Specifications allow for a six-month contract with the option of two renewals of six-month terms at the same pricing as the awarded contract. Brenntag Southwest, Inc., has previously held this contract. There are no local vendors of this commodity. The bid tabulation is attached. FUNDING SOURCE Water Utilities Fund. RECOMMENDATION Approval of the resolution. RESOLUTION NO. WHEREAS, bids were solicited for a six (6) month contract, with the option of two (2) renewals of six (6) month terms at the same pricing as the awarded contract, for the purchase of Sodium Hydroxide for use by the Water Utilities Department; and, WHEREAS, Brenntag Southwest, Inc., of Lancaster, Texas, submitted a bid for an estimated total expenditure of $331,500.00 in the unit amounts shown below: VENDOR UNIT PRICE PER ESTIMATED COST TON 500 TONS Brenntag Southwest, Inc. $663.00 $331,500.00 Lancaster, TX ; and, WHEREAS, City Council is of the, opinion that the bid submitted by Brenntag Southwest, Inc., of Lancaster, Texas, 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 the bid submitted by Brenntag Southwest, Inc., of Lancaster, Texas, for a six (6) month contract, with the option of two (2) renewals of six (6) month terms at the same pricing as the awarded contract, for the purchase of Sodium Hydroxide in the unit prices shown above for an estimated total expenditure of $331,500.00 be accepted by the City of Beaumont; and, BE IT FURTHER RESOLVED THAT the City Manager be and he is hereby authorized to execute a contract with Brenntag Southwest, Inc. for the purposes described herein. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 26th day of June, 2018. - Mayor Becky Ames - City of Beaumont Texas BEAUM©NT Purchasing Division Bid Tabulation TEXAS Bid Name: Six (6) Month contract:for Sodium Hydroxide Bid Number: TF0518-27 Bid Opening: Thursday, May 24, 2018 Contact Person: Terry Welch, Senior Buyer terry.welchC� beaumonttexas.gov Phone 409-880-3107 Qualified low bidder is Brenntag Southwest, Inc as Hi Lighted in Bold. f 1-- X X W Brenntag Southwest, Inc TDC, LLC DXI Industries, Inc Vendor City / State Lancaster, Tx Houston, Tx Houston, Tx Phone or Fax No. 713-450-4699 318-242-5299 281-457-4807 CITY ITEM DESC (TONS) Unit Price Extended Price Unit Price Extended Price Unit Price Extended Price 1 Sodium Hydroxide 500 663.00 $331,500.00 $690.00 $345,000.00 $699.53 $349,765.00 TOTAL BID $331,500.00 $345,000.00 $349,765.00 Qualified low bidder is Brenntag Southwest, Inc as Hi Lighted in Bold. f 1-- X X W 0 June 26, 2018 Consider a resolution authorizing the City Manager to award a contract to Gulf Coast Electric Company, Inc. of Beaumont for the Electrical Repairs to Loeb Water Well No. 1 Site -Phase I BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Dr. Joseph Majdalani, P.E. Public Works Director MEETING DATE: June 26, 2018 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to award a contract to Gulf Coast Electric Company, Inc., of Beaumont, Texas for the Electrical Repairs to Loeb Water Well No. 1 Site —Phase I. BACKGROUND Loeb Water Well No. 1 site experienced severe flooding during Tropical Storm Harvey. The project will provide electrical improvements and repairs which include the installation of a concrete slab, motor starter to the existing high service pump on site, as well as the installation of conduit runs. On June 21, 2018, one (1) formal bid was received. The bid total is indicated in the table below: Contractor I Location Bid Gulf Coast Electric Co., Inc. I Beaumont, Texas $133,000 The Engineer's estimate for this project is $175,000. On June 21, 2018, the City's engineering consultant, LJA Engineering, Inc., of Beaumont, Texas, provided the City with a letter recommending award to Gulf Coast Electrical Co., Inc. Public Works Engineering is in agreement with the consultant's recommendation. FUNDING SOURCE Harvey Fund. RECOMMENDATION Approval of the resolution. LJA Engineering, Inc. 2615 Calder Avenue, #500 Phone 409.833.3363 Beaumont, Texas 77702 Fax 409.833.0317 www.Ijaengineedng.com TBPE Ns F-1386 June 21, 2018 Dr. Joe Majdalani, PE Public Works Director City of Beaumont 801 Main Street Beaumont, TX 77701 Re: City of Beaumont Electrical Repairs To Loeb Water Well #1 Site — Phase I Recommendation of Award Dear Dr. Madjalani: Bids were received on Thursday, June 21, 2018 for the above referenced project. The project is to make temporary electrical repairs to the Loeb Water Well #1 Site for the City of Beaumont. One (1) bid was received. The results of the bid and the unit price breakdown is provided in the attached Bid Tabulation. Gulf Coast Electric Co., Inc. was the low bidder for the project. LJA Engineering, Inc. has reviewed the bid and recommends the City of Beaumont award the Electrical Repairs to Loeb Water Well #1 Site — Phase I, to Gulf Coast Electric Co., Inc. of Beaumont, TX, in the amount of $133,000. If you have any questions or comment, please give us a call. Sincerely, LJA ENGINEERING, INC. Texas Registered Engineering Firm F-1386 Toby J. Davis, P.E. Vice President CITY OF BEAUMONT ELECTRICAL REPAIRS TO LOEB WATER WELL #1 SITE - PHASE I BID TABULATION Gulf Coast Electrical Co. Inc. NO. DESCRIPTION QTY UNIT PRICE AMOUNT BASE BID ITEMS 1 Mobilization 1 LS $7,000.00 $7,000.00 2 Construct 8' x 10' concrete slab 1 LS $4,000.00 $4,000.00 3 Construct proposed electrical controls stems 1 LS $122,000.00 $122,000.00 TOTAL BASE BID $133,000.00 RESOLUTION NO. WHEREAS, the City of Beaumont solicited bids for the Electrical Repairs to Loeb Water Well No. 1 Site — Phase I Project; and, WHEREAS, Gulf Coast Electric Company, Inc., of Beaumont, Texas, submitted a complete bid meeting specifications in the amount of $133,000.00; and, WHEREAS, the City Council is of the opinion that the bid submitted by Gulf Coast Electric Company, Inc., of Beaumont, Texas, is the lowest bidder providing the best value to the City and 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 the City Council hereby approves the award of a contract to Gulf Coast Electric Company, Inc., of Beaumont, Texas, in the amount of $133,000.00 to furnish all labor, materials, equipment, and supplies for the Electrical Repairs to Loeb Water Well No. 1 Site — Phase I Project; and, BE IT FURTHER RESOLVED THAT the City Manager be and he is hereby authorized to execute a Contract with Gulf Coast Electric Company, Inc., of Beaumont, Texas, for the purposes described herein. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 26th day of June, 2018. - Mayor Becky Ames - PUBLIC HEARING Dangerous Structures 10 June 26, 2018 Consider an ordinance to declare the following ten (10) structures to be unsafe structures and order the owners to raze the said structures within ten (10) days. If the property owner fails to comply within ten (10) days, staff is requesting City Council authorization to demolish these structures Without further notification to the property owner or City Council action. Additionally, if the property owner of a structure requests and is authorized by City Council to enroll in a work program, all delinquent taxes shall be,paid in full or a payment plan shall be established prior to enrollment in the work program. Enrollment in the work program shall occur within ten days after the effective date of this ordinance BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager 3 PREPARED BY: Chris Boon , s lanning and Community Development Director MEETING DATE: June 26, 2018 REQUESTED ACTION: City Council, after conducting a public hearing, consider an ordinance to declare the following ten (10) structures to be unsafe structures and order the owners to raze the said structures within ten (10) days. If the property owner fails to comply within ten (10) days, staff is requesting City Council authorization to demolish these structures without further notification to the property owner or City Council action. Additionally, if the property owner of a structure requests and is authorized by City Council to enroll in a work program, all delinquent taxes shall be paid in full or a payment plan shall be established prior to enrollment in the work program. Enrollment in the work program shall occur within ten days after the effective date of this ordinance. 1. 280 Briggs & aux bldg 2. 4276 Congress 3. 3450 Euclid & aux bldg 4. 1208 Gilbert 5. 1250 Live Oak (garage apt) 6. 2435 Long & aux bldg 7. 5130 Oriole 8. 745 Pollard 9. 2165 Potts & garage 10. 1843 Rivercrest (aux bldg only) BACKGROUND These structures have been inspected by the Building Codes Division and found to be unsafe structures as defined by the City of Beaumont's Code of Ordinances, Chapter 24, Article 24.04 Unsafe Substandard Structures, Division 1, Sec. 14.04.001 of the 2015 International Property Maintenance Code. Additionally, these structures have deteriorated to a condition that they are no longer considered suitable for repair. i FUNDING SOURCE City may incur the cost of demolition. Sources may include the General Fund and Community Development Block Grant (CDBG) funding. RECOMMENDATION Approval of the ordinance. S SUBSTANDARD BUII_,DING INSPECTION REPORT BUILDING CODES DIVISION CITY OF BEAUMONT INITIAL INSPECTION DATE February 6, 2018 WARD ADDRESS OF INSPECTION 280 Briggs & auxiliary building OWNER Patrick & Ronitha Pickens ADDRESS 2230 Fillmore APPRAISAL VALUE Land Value $7,290 Improvement Value $107,530 Total Value $114,820 A. Fire damaged? B. Enrolled in Work Repair Program? C. Does the structure comply with I.P.M.C.? CITY/STATE Beaumont, TX 77703 YES X NO _ YES NO X YES NO X 1 MAJOR CODE VIOLATIONS: Reinspection was made on May 29, 2018. The structure is unsecure. Most of the roof is fire burned so it will need to be replaced including the rafters. There are broken windows and damage to the siding. The interior walls, floors, and ceilings have fire damage and water damage. The mechanical, electrical, and plumbing will all need to be replaced. There is trash and debris throughout the structure. Based on the extensive repairs needed in this structure, staff is recommending a raze order for this structure. 0 SEE ATTACHED PHOTOS ,5z Not-, CV Ki;t. . . . . . . . . . . . . V4. . . . •. . . . . . a JAI I Fj SUBSTANDARD BUII_,DING INSPECTION REPORT BUII.DING CODES DIVISION CITY OF BEAUMONT INITIAL INSPECTION DATE February 20, 2018 WARD 4 ADDRESS OF INSPECTION _4276_Congress Si. OWNER _Anna Nguyen or Alfred Smith ADDRESS 9699 Southmeadow CITY/STATE Beaumont, TX 77706 APPRAISAL VALUE Land Value $2,450 Improvement Value $560 Total Value $3,010 A. Fire damaged? YES X NO _ B. Enrolled in Work Repair Program? YES NO X C. Does the structure comply with I.P.M.C.? YES NO X MAJOR CODE VIOLATIONS: Reinspection was made on May 29, 2018. The structure is unsecure. The structure is fire burned and severely termite damaged. There are broken windows and the exterior doors need to be replaced. The roof needs to be replaced and there is siding missing. There is termite damage to the walls and floors. The house has been gutted and will need to have the electrical, mechanical, and plumbing replaced. Based on the extensive repairs needed in this structure, staff is recommending a raze order for this structure. 9 SEE ATTACHED PHOTOS .AV maw 1.zxr V- .1A.a - --�- IF Vi V, hk'- Ul I • SUBSTANDARD BUILDING INSPECTION REPORT BUILDING CODES DIVISION CITY OF BEAUMONT INITIAL INSPECTION DATE November 20, 2017 WARD 2 ADDRESS OF INSPECTION 3450 Euclid & auxiliary building OWNER Emma Manuel Estate % Jeremy Manuel ADDRESS 3205 Frances PI APPRAISAL VALUE Land Value $2,940 Improvement Value $26,490 Total Value $29,430 A. Fire damaged? B. Enrolled in Work Repair Program? C. Does the structure comply with I.P.M.C.? • CITY/STATE Beaumont, TX 77701 YES NO X YES NO X YES NO X 3 MAJOR CODE VIOLATIONS: Reinspection was made on May 29, 2018. The structure is unsecure. The foundation is rotten and has termite damage. The roof will need to be replaced. The porches are deteriorated. The structure needs to be leveled. There are holes in the floor and ceilings. There is also water damage due to the holes in the roof. The electrical will need to be replaced. Based on the extensive repairs needed in this structure, staff is recommending a raze order for this structure. 0 0M. Y IIT 11"M30 C0010 0 rte, �_ '.*r ��•`i�p' i 7 7�. `•, •• � ��+� �a_•"..3"` .��,2�;�-�_ _: �.i Yah' • ' _ ,. ' y- 4 SUBSTANDARD BUILDING INSPECTION REPORT BUILDING CODES DIVISION CITY OF BEAUMONT INITIAL INSPECTION DATE February 15, 2018 WARD 3 ADDRESS OF INSPECTION 1208 Gilbert St OWNER Beaumont Housing Authority ADDRESS 4925 Concord Rd CITY/STATE Beaumont, TX 77708 APPRAISAL VALUE Land Value $3,500 Improvement Value $32,340 Total Value $35,840 A. lire damaged? YES X NO B. Enrolled in Work Repair Program? YES NO X C. Does the structure comply with I.P.M.C.? YES NO X MAJOR CODE VIOLATIONS: Reinspection was made on May 30, 2018. The roof is burned and will need to be replaced. There are broken windows and the exterior doors need to be replaced. There are holes in the floors, ceilings, and walls. There is termite damage and water damage throughout the structure. The mechanical, electrical, and plumbing will all need to be replaced. There is trash and debris throughout the structure. Based on the extensive repairs needed in this structure, staff is recommending a raze order for this structure. 11 SEE ATTACHED PHOTOS No Text 5 • SUBSTANDARD BUILDING INSPECTION REPORT BUILDING CODES DIVISION CITY OF BEAUMONT INITIAL INSPECTION DATE September 6, 2016 WARD 9 ADDRESS OF INSPECTION 1250 Live Oak (on the lot of 1210) garage apartment OWNER Samuel E Mccauley ADDRESS 1290 Live Oak St CITY/STATE Beaumont, TX 77703 APPRAISAL VALUE Land Value $2,450 Improvement Value $20,430 Total Value $22,880 A. Fire damaged? YES NO X B. Enrolled in Work Repair Program? YES X NO C. Does the structure comply with I.P.M.C.? YES NO X D. DELINQUENT TAXES ARE DUE IN THE AMOUNT OF $1,796.24. MAJOR CODE VIOLATIONS:_ Reinspection was made on May 29, 2018. The owner signed up for the work program and was granted one extension but they failed to comply. The windows are broken and the others are open. The structure is unsecure and the doors need to be replaced. There is severe termite damage in the beams that are holding up the second floor. The roof has holes in it and will need to be replaced. There is a lot of water damage to the walls, floors, and ceilings. There is trash and debris throughout the structure. Based on the extensive repairs needed in this structure, staff is recommending a raze order for this structure. 0 SEE ATTACHED PHOTOS I I Y I p• I ' � SUBSTANDARD BUILDING INSPECTION REPORT BUILDING CODES DIVISION CITY OF BEAUMONT INITIAL INSPECTION DATE August 22, 2017 WARD 1 ADDRESS OF INSPECTION 2435 Long St & auxiliary building OWNER American Buyitnow Investments, LLC ADDRESS P.O. Box 294 CITY/STATE Mauriceville, TX 77626 APPRAISAL VALUE Land Value $18,750 Improvement Value $74,150 Total Value $92,900 A. Fire damaged? YES NO X B. Enrolled in Work Repair Program? YES X NO C. Does the structure comply with I.P.M.C.? YES NO X MAJOR CODE VIOLATIONS: Reinspection was made on May 29, 2018. This structure was tagged for property maintenance on May 23, 2017. The owner did not sign up for the work program. We then red tagged it and were in the process of filing charges when the owner changed. The new owner signed up for the work program but failed to have it dried in at the 90 days. The back wall is leaning and there are cracks in the several of the walls. There are broken windows and the roof needs to be replaced. There are cracks and gaps in the floor. The house needs to be leveled. There is severe termite damage in the walls and floor joists. The mechanical, electrical, and plumbing will all need to be replaced. There is water damage from the leaks in the roof. Based on the extensive repairs needed in this structure, staff is recommending a raze order for this structure. 0 SEE ATTACHED PHOTOS ' A. f•'a /IU"'� iY ,jt._'�' il, +`S_\�L" irS YJ ;�."�' — mak:', - �ci -�.: r�r,.hp•r :eFJ .`.- i!'1 $^':�•_ _ - •'` �•=: J%� _„ys:.: �`i -. . f,�s'v'.,.=: C'''ry'_' - .}. '�.`•. i. �i �•..'-__-�_�. c. t:.r SM..� rim 7 • SUBSTANDARD BUILDING INSPECTION REPORT BUILDING CODES DIVISION CITY OF BEAUMONT INITIAL INSPECTION DATE April 18, 2018 WARD 2 ADDRESS OF INSPECTION 5130 Oriole OWNER Lihs Harriet Rose Tr Fbo The Nancy Lewin ADDRESS 5035 Oriole Dr CITY/STATE Beaumont, TX 77707 APPRAISAL VALUE Land Value $8,140 Improvement Value $69,870 Total Value $78,010 A. Fire damaged? YES X NO B. Enrolled in Work Repair Program? YES NO X C. Does the structure comply with I.P.M.C.? YES NO X D. DELINQUENT TAXES ARE DUE IN THE AMOUNT OF $9,817.06. MAJOR CODE VIOLATIONS: Reinspection was made on May 29, 2018. The fire damaged the exterior doors, roof, windows, and siding which will all need to be replaced. The rafters will also need to be replaced. The plumbing, electrical, and mechanical will all have to be replaced or repaired. There are holes in the floors, ceilings, and walls along with water damage. Based on the extensive repairs needed in this structure, staff is recommending a raze order for this structure. SEE ATTACHED PHOTOS 0 IP Ali- WE iS�: - ,a - �` >'�.,S, ,,aa•-'; r.-,;,:ai;, �.}•xy- �7�,��... �. .YF:- s: -. jC � :.F-' �.a, • r--'� ...5 ,�a�ti�,y �J:. -. (.( �-wt4` i`7`:c t 4. � .w: y�'J _ .;'%:: n 4` ,..'4�,.'�. L•:. ;'y,.c � .. a' � - i x,�,; :•'+� ` �, i•�•..=.,.! �_v S=�I.T�:J i. i -! 2..� �' ins" �.{��..-.1 -���.,,�..��.•+��-'S��^`� lt�-� �. � .. � S r �� ...+I. I14�! P I , F -- -- Sa7?'�,'J}�, y'.� yr�-.y�-•��_-i �y 3 �_ � i � t'. - .y � •4• � yk "'1;4�!N s3 A� �' 'i �+"" •1' 7*�•�. 4��y'y� ..-�hl���` � � � t� S _�:� ��' - _ ` .. � t' `+�l.�j 4 ��•1 ffCt . iY1 ..yam•.. 1�c ,� (!' :.!cam -µms - � �,�: s � %�@':s4c v:.G`��:us"S9"S 4�r�a. � ;�'"� . � •�Fa' •�.,. x"` i i' I �-'�•'Q;4��Cc�a —_. -�3.1i...,q / ..s_' _a .' �•�-� .._ rdyYr.Ei _ _ ��: _ ',`1 4` `_ �_ '_�:•.. •;,vim __: _At.,,is.�% f � r -, ter. 1 �=: - � ' '�- as • _. -,----'--_-�-�_`•- � �O�.Gi:-�: _— I, - S JX env _ .� �fv ,� .� � � �;.,���,.�;1; :rte- ---_ � _.•. �:.. - :. - -;_ _- - _ ``_- - �. , - 8 SUBSTANDARD BUILDING INSPECTION REPORT BUILDING CODES DIVISION CITY OF BEAUMONT INITIAL INSPECTION DATE November 16,2017 WARD 3 ADDRESS OF INSPECTION 745 Pollard OWNER Irma Simieou ADDRESS 770 E. Gill St. APPRAISAL VALUE Land Value $1,250 Improvement Value $1,950 Total Value $3,200 CITY/STATE Beaumont, TX 77703 A. Fire damaged? YES NO X B. Enrolled in Work Repair Program? YES NO X C. Does the structure comply with I.P.M.C.? YES NO X D. DELINQUENT TAXES ARE DUE IN THE AMOUNT OF $382.28. MAJOR CODE VIOLATIONS: Reinspection was made on May 29, 2018. The floor beams are deteriorated and termite damaged. The roof needs to be replaced. There are broken windows. The siding and window sills are deteriorated or missing in places. The walls and floors have severe termite damage. There is also water damage from the holes in the roof. The mechanical, electrical, & plumbing will all have to be replaced. Based on the extensive repairs needed in this structure, staff is recommending a raze order for this structure. SEE ATTACHED PHOTOS 0 sv� -z= L • 0 0 SUBSTANDARD BUILDING INSPECTION REPORT BUILDING CODES DIVISION CITY OF BEAUMONT INITIAL INSPECTION DATE March 1, 2018 WARD 4 ADDRESS OF INSPECTION 2165 Potts & garage OWNER Huey Ray Martin ADDRESS 2165 Potts St CITY/STATE Beaumont, TX 77705 APPRAISAL VALUE Land Value $1,330 Improvement Value $1,920 Total Value $3,250 A. Fire damaged? YES X NO _ B. Enrolled in Work Repair Program? YES NO X C. Does the structure comply with I.P.M.C.? YES NO X D. DELINQUENT TAXES ARE DUE IN THE AMOUNT OF $489.98. MAJOR CODE VIOLATIONS: Reinspection was made on May 29, 2018. The structure is severely damaged by the fire. The foundation beams, floor joists, and roof have been completely burned and will need to be replaced. The windows are broken and burned. The siding has been burned also. There is a lot of water damage to the interior. There are 5 funk motor vehicles on site. Plumbing, electrical, and mechanical will all have to be replaced. Based on the extensive repairs needed in this structure, staff is recommending a raze order for this structure. SEE ATTACHED PHOTOS 70 NIL 321 AF -Z-f- 14 7-7t� 70 321 14 • 0 SUBSTANDARD BUILDING INSPECTION REPORT BUILDING CODES DIVISION CITY OF BEAUMONT INITIAL INSPECTION DATE December 5, 2017 WARD 3 ADDRESS OF INSPECTION 1843 Rivercrest — auxiliary building only OWNER Pauline Odom Estate ADDRESS 1843 Rivercrest St CITY/STATE Beaumont, TX 77703 APPRAISAL VALUE Land Value $2,568 Improvement Value $18,064 Total Value $20,632 A. B. C. D. Fire damaged? Enrolled in Work Repair Program? YES NO X YES NO X Does the structure comply with LP.M.C.? YES NO X DELINQUENT TAXES ARE DUE IN THE AMOUNT OF $566.93. 10 MAJOR CODE VIOLATIONS: Reinspection was made on May 29, 2018. There is severe termite damage to the walls, ceilings, and floors. The windows are broken and the doors need to be replaced. The roof needs to be replaced it is caving in. There are holes in the roof, walls, and floors. There is also water damage throughout. There is trash and debris inside and outside the structure. Based on the extensive repairs needed in this structure, staff is recommending a raze order for this structure. SEE ATTACHED PHOTOS _-�• _—. ®��� y�.,1i .' � :.. 'iii_- �" __. -�[��?,JA.7— AM � a _' _ _ _ �; :�_ =-sem � _.��^-?s_ � � .5`: �� . _' �•^ex �. �., ��'a� ORDINANCE NO. ENTITLED AN ORDINANCE FINDING CERTAIN STRUCTURES TO BE PUBLIC NUISANCES AND ORDERING THEIR DEMOLITION AND REMOVAL OR REPAIR; PROVIDING FOR SEVERABILITY AND PROVIDING FOR A PENALTY. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That the City Council of the City of Beaumont hereby finds and declares the buildings located at: 1. 280 Briggs & aux bldg 2. 4276 Congress 3. 3450 Euclid & aux bldg 4. 1208 Gilbert 5. 1250 Live Oak (garage apt) 6. 2435 Long & aux bldg 7. 5130 Oriole 8. 745 Pollard 9. 2165 Potts & garage 10. 1843 Rivercrest (aux bldg only) to be public nuisances in that said buildings violate Chapter 24, Article 24.04, Section 24.04.001 of the Code of Ordinances of the City of Beaumont and are for want of repairs, or by reason of age or dilapidated, decayed, unsafe or unsanitary condition, or otherwise unfit for human habitation, or otherwise likely to endanger the health, safety or general welfare of the citizens of the City. Section 2. In accordance with Article XVII, Section 2, of the Charter of the City of Beaumont, Chapter 24, Article 24.04 of the Code of Ordinances of Beaumont, Texas, it is hereby ordered that the owner or owners of the above described buildings demolish and remove said structures within ten (10) days of the effective date of this ordinance. If the property owner(s) fail(s) to comply within ten (10) days, Council orders that the property be demolished without further notification to the property owners or City Council action. That if any section, subsection, sentence, clause or phrase of this ordinance, or the application of same to a particular set of persons or circumstances should for any reason be held to be invalid, such invalidity shall not affect the remaining portions of this ordinance, and to such end the various portions and provisions of this ordinance are declared to be severable. Section 4. That 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. The meeting at which this ordinance was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 26th day of June, 2018. - Mayor Becky Ames - WORK SESSION Review and discuss amending the Code of Ordinances to prohibit the parking of vehicles in unpaved areas of yards, with some exceptions (Requested by Councilmembers Jordan and Pate) WORK SESSION � Review and discuss amending the Code of Ordinances to facilitate the Trap -Neuter - Return (TNR) of feral cats BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Chris Jarmon, Executive Assistant to the City Manager MEETING DATE: June 26, 2018 REQUESTED ACTION: Work Session — Review and discuss amending the Code of Ordinances to facilitate the Trap -Neuter -Return (TNR) of feral cats. BACKGROUND Trap -Neuter -Return (TNR) is a program in which feral cats are trapped, vaccinated, sterilized, ear tipped for identification purposes and then released to the location where they were originally caught. TNR is the only humane and effective way to reduce feral cat populations over time. By returning sterilized cats back into the community, no new kittens are born, the cat population stabilizes, and nuisance behaviors are reduced. Because feral cats are wild and not socialized to humans, they cannot be adopted into new homes. TNR is supported by many national animal welfare organizations, including the Humane Society of the United States, the American Society for the Prevention of Cruelty to Animals, the Best Friends Animal Society, Alley Cat Allies, and Maddie's Fund. The Animal Care Advisory Committee met on June 14, 2018 and is in support of TNR. FUNDING SOURCE All sterilization surgeries will be provided by Beaumont Pets Alive at no cost to the City of Beaumont. ARTICLE 4.09 TRAP -NEUTER -RETURN Sec 4.09.001 Definitions Ear Tinned shall mean a surgical process performed on a cat during sterilization as part of a trap neuter, return (nM program in which a diagonal cut is made on the left ear to remove the point of a cat's ear. Feral Cat shall mean any homeless, wild or untamed cat. Feral Cat Caretaker shall mean a person who participates in a trap neuter, return (TNR) program by providing care, including food, shelter, and/or medical care to feral cats Feral Cat Colony shall mean a concentrated group or population of feral cats having a common food source. Trap, Neuter. Return (TNR) shall mean a program in which feral cats are trapped vaccinated sterilized, and ear tipped (for identification purposes) and returned to the location where they were originally trapped. Sec 4.09.002 Feral Cat Colony Registration (a) A Feral Cat Caretaker who manages a feral cat colony with nine (9) or more cats shall be required to register the colony with the Animal Care Manager, but shall not be required to obtain a commercial kennel permit or a dog and cat fancier permit This registration will serve as a clearinghouse for information on current caretakers education for new caretakers, and assistance with abating nuisance complaints Sec 4.09.003 At -Large and Abandoned Cats (a) Any cat(s) involved in a TNR program shall not be considered to be at -large and shall not be impounded, unless they are causing a nuisance as defined in section 4 01 003 or are dangerous as defined in section 4.05.001. Feral cats impounded on a nuisance complaint may be relocated to another feral cat colony, transferred to a barn cat program returned to a feral cat caretaker, humanely euthanized or the nuisance may be abated by some other manner as determined by the Animal Care Manager. (b) A Feral Cat Caretaker who returns a feral cat to its original location as part of a TNR program is not deemed to have abandoned or dumped the animal as those terms are used in section 4.02.003. Sec. 4.09.004 Feral Cat Ownership A Feral Cat Caretaker who manages cats as part of a TNR program shall not be considered the owner, harborer, keeper, holder, or possessor of such cats. ARTICLE 4�9 4.10 ANIMAL CARE FEES