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HomeMy WebLinkAboutPACKET JUL 24 2018BEAUMONT REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS July 24, 2018 1:30 PM CONSENT AGENDA * Approval of minutes — July 17, 2018 Confirmation of board and commission member appointments A. Authorize the settlement of the claim of Carla Tyler B. Approve a resolution accepting maintenance of the street, storm sewer, water and sewer improvements in Deerfield Phase VI, Subdivision C. Authorize the settlement of the lawsuit styled Corey Lane, Individually and as Next Friend of Corey Lane, Jr. vs. City of Beaumont; Cause No. B-201,777 D. Authorize the settlement of the lawsuit styled Joseph Fazio v. City of Beaumont; Cause No. 129808 BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager - PREPARED BY: Tyrone E. Cooper, City Attorney MEETING DATE: July 24, 2018 REQUESTED ACTION: Council consider a resolution authorizing the settlement of the claim of Carla Tyler. BACKGROUND This matter was presented and discussed in Executive Session held on July 17, 2018. The City Attorney is requesting authority to settle this claim in the amount of $11,725.94. FUNDING SOURCE General Liability Fund. RECOMMENDATION Approval of resolution. RESOLUTION NO. WHEREAS, the claim of Carla Tyler was discussed in Executive Session properly called and held Tuesday, July 17, 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 Carla Tyler for the sum of Eleven Thousand Seven Hundred Twenty -Five and 94/100 Dollars ($11,725.94); 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 24th day of July, 2018. - Mayor Becky Ames - BEAUMONT TEXAS TO: City Council FROM:, Kyle Hayes, City Manager PREPARED BY: Dr. Joseph Majdalani, P.E., Public Works Director MEETING DATE: July 24, 2018 REQUESTED ACTION: Council consider a resolution accepting maintenance of the street, storm sewer, water and sewer improvements in Deerfield Phase VI, Subdivision. BACKGROUND On July 6, 2018, a final inspection from all entities was completed and administration recommends approval of the following: • Complete the Cul de Sac and length of Vaquero Drive on the east side that connects to Deerfield Drive. • Complete the length of Vaquero Drive that starts at the west side of Deerfield Drive and extends east to include the Cul de Sac. Recommended for approval are the storm sewer, water and sewer improvements for Deerfield Phase VI, Subdivision right-of-way only. FUNDING SOURCE Not applicable RECOMMENDATION Approval of resolution. PM Rm Sd�i/RLQCX RLWD ' a s�aA _ !} r 411Y i 05 IDEEIRFIELD G - PHASE SIX d x, RESOLUTION NO. WHEREAS, construction of the street, storm sewer, water and sanitary sewer improvements constructed in Deerfield Phase VI Subdivision have been completed as follows: ; and, Street • Complete the cul-de-sac and length of Vaquero Drive on the east side that connects to Deerfield Drive • Complete the length of Vaquero Drive that starts at the west side of Deerfield Drive and extends east to the cul-de-sac Street Maintenance, Storm Sewer, Water and Sanitary Sewer Improvements • Deerfield Phase VI Subdivision right-of-way only WHEREAS, the developers of said improvements desire to have these improvements accepted and maintained by the City; and, WHEREAS, the director of the Public Works and Engineering Department has determined that said improvements meet city standards and qualify for acceptance for permanent maintenance, and the City Council is of the opinion that said improvements should be accepted and maintained by the City of Beaumont; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT the above -referenced street, storm sewer, water and sanitary sewer improvements in Deerfield Phase VI Subdivision, with the exception of streetlights, are hereby accepted by the City of Beaumont and shall be continuously maintained by the City contingent upon filing of the final plat, complete with filings of dedication of all rights-of-way and easements required on the preliminary and final plats and installation of the streetlights. 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 24th day of July, 2018. - Mayor Becky Ames - C BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tyrone E. Cooper, City Attorney MEETING DATE: July 24, 2018 REQUESTED ACTION: Council consider a resolution authorizing the settlement of the lawsuit styled Corey Lane, Individually and as Next Friend of Corey Lane, Jr. vs. City of Beaumont; Cause No. B-201,777. BACKGROUND The lawsuit styled Corey Lane, Individually and as Next Friend of Corey Lane, Jr. vs. City of Beaumont; Cause No. B-201,777, was presented and discussed in Executive Session held on July 17, 2018. The City Attorney is requesting authority to settle this suit with the City in the amount of $96,500.00. FUNDING SOURCE General Liability Fund. RECOMMENDATION Approval of resolution. RESOLUTION NO. WHEREAS, the lawsuit styled Corey Lane, Individually and as Next Friend of Corey Lane, Jr. vs. City of Beaumont; Cause No. B-201,777, was discussed in Executive Session properly called and held Tuesday, July 17, 2018; and, WHEREAS, the City Attorney is requesting authority to settle the lawsuit; and, WHEREAS, the City Council has considered the merits of the request and is of the opinion that it is in the best interest of the City to settle the 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 Corey Lane in the lawsuit styled Corey Lane, Individually and as Next Friend of Corey Lane, Jr. vs. City of Beaumont; Cause No. B-201,777, for the sum of Ninety -Six Thousand Five Hundred and XX/100 Dollars ($96,500.00); 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 24th day of July, 2018. - Mayor Becky Ames — L!] BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tyrone E. Cooper, City Attorney MEETING DATE: July 24, 2018 REQUESTED ACTION: Council consider a resolution authorizing the settlement of the lawsuit styled Joseph Fazio v. City of Beaumont; Cause No. 129808. BACKGROUND The lawsuit styled Joseph Fazio v. City of Beaumont; Cause No. 129808, was presented and discussed in Executive Session held on July 17, 2018. The City Attorney is requesting authority to settle this suit with the City in the amount of $16,000.00. FUNDING SOURCE General Liability Fund. RECOMMENDATION Approval of resolution. RESOLUTION NO. WHEREAS, the lawsuit styled Joseph Fazio v. City of Beaumont; Cause No. 129808, was discussed in Executive Session properly called and held Tuesday, July 17, 2018; and, WHEREAS, the City Attorney is requesting authority to settle the lawsuit; and, WHEREAS, the City Council has considered the merits of the request and is of the opinion that it is in the best interest of the City to settle the 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 Joseph Fazio in the lawsuit styled Joseph Fazio v. City of Beaumont; Cause No. 129808, for the sum of Sixteen Thousand and XX/100 Dollars ($16,000.00); 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 24th day of July, 2018. - Mayor Becky Ames - BEAUMONT TEXAS REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS JULY 24, 2018 1:30 PM AGENDA CALL TO ORDER * Invocation Pledge Roll Call . * Presentations and Recognition * Public Comment: Persons may speak on scheduled agenda items 5 and 6/Consent Agenda * Consent Agenda GENERAL BUSINESS 1. Consider a request for a Specific Use Permit to allow a Brewery (may include food service) in the CBD (Central Business District) for property located at 585 Wall Street 2. Consider a request for a Specific Use Permit to allow an elementary school and secondary school in a GC -MD (General Commercial -Multiple Family Dwelling) District for property located at 7705 Calder Avenue 3. r Consider a request for an amended Specific Use Permit to expand a school located at 7720 Park North Drive 4. Consider a request for a Specific Use Permit to allow a mini storage facility in a GC -MD (General Commercial -Multiple Family Dwelling) District for property located at Parkdale Mall, near 6475 Eastex Freeway 5. Consider granting a new solid waste transportation service agreement with DSC Carting, LLC COMMENTS 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: Claim of Shirley Allen City of Beaumont vs. APAC-Texas, Inc.; Cause No. A-201103 In Re: O1dCastle Materials Texas, Inc. D/B/A Gulf Coast; Cause No. E- 200934 GENERAL BUSINESS 6. Consider a resolution approving the settlement of pending litigation between the City of Beaumont and APAC-Texas, Inc. and Oldcastle Materials Texas, Inc. (Cause Nos. A-201103 and E-200934) 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. 1 July 24, 2018 Consider a request for a Specific Use Permit to allow a Brewery (may include food service) in the CBD (Central Business District) for properly located at 585 Wall Street BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager cs 3 PREPARED BY: Chris Boone, Planning & Community Development Director MEETING DATE: July 24, 2018 REQUESTED ACTION: Council consider a request for a Specific Use Permit to allow a Brewery (may include food service) in the CBD (Central Business District) for property located at 585 Wall Street. BACKGROUND Pour Brothers Brewery, L.L.C. is requesting a Specific Use Permit to open a manufacturing brewery with tastings at 585 Wall Street. The brewery would produce less than 15,000 barrels a year, classifying the facility as a microbrewery. Hours of operation would be 5 p.m. to 11 p.m. Monday through Saturday and select Sundays from 12 p.m. to 11 p.m. Plans are to eventually employee 8-10 full-time employees and 6-8 part time employees. As the property is located in the CBD, (Central Business District) no off-street parking is required. Occasional live entertainment and food trucks would be hosted at the facility. At a Joint Public Hearing held on July 16, 2018, the Planning Commission recommended 8:0 to approve a request for a Specific Use Permit to allow a brewery (may include food service) in the CBD (Central Business District) for property located at 585 Wall 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 kPPLICANT'S NAME: Pour Brothers Brewery, LLC .-%i'PLIC:-v.`-T'S ADDRESS: 470 Orleans, Suite 810; Beaumont, TX 77701 APPLICANT'S PHONE #: 409.832.7400 NAME OF OWNER: Colburn & Angie McClelland FAX tDDRESS OF OWNER: 414 Dowlen Rd; Beaumont, TX 77706 LOCATION OF PROPERTY: 585 Wall St; Beau LEGAL DESCRIPTION OF PROPERTY: LOT NO. 397 & 398 BLOCK NO. 56 ADDITION 101 -SA NUMBER OF ACRES 0.3306 TX 77701 OR TRACT PLAT SURVEY NUMBER OF ACRES _ For properties not in a recorded subdivision, submit a copy of a current survey or plat showing the properties proposed for a specific use permit, and a complete legal field note.description. PROPOSED USI;: Manufacturing Brewery ZONE: Commercial; Downtown NE.Z ATTACH A TETTER 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 TILE 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. PLF Mi.'sE ADDRESS EACH CONDITION IN DETAIL. ATTACK THE APPROPRIATE APPLICATION FEE: LESS THAN'/2 ACRE.....::..........................................................$250.00 %: ACRE OR MORE AND LESS THAN 5 ACRES...................$450.00 5 ACRES OR MORE...................................................................$650.00 I, being the undersigned applicant, understand that all of the conditions, dimensions, building sig „landscaping and parking areas dcpicled on !hc site plan shall be adhered to as amended and approved by City Council. SIGNATURE OF APPLICANT: 8 DATE: 06/22/2018 �} SIGNATURE OF OWNER:. � DATE: PLEASE TYPE OR PRINT AND SU MIT TO: CITY OF BEAUMONT PLANNING DIVISION 801 MAIN STREET, ROOM 201 FILE NUMBER: Z,35-7 _ BEAUMONT, TX 77701 DATE RECEIVED: Phone - (409) 880-3764 Fax - (409) 880-3133 PI.FASF MAKE NOTE ON RF.vFRSE SIDE OF CONDITIONS TO BE MET REGARDING THE SITE PLAN AND LETTER OF PROPOSF.D.I :SES A\D ACTN;TIi-S. To: City of Beaumont Planning Division From: Pour Brothers Brewery, LLC Regarding Specific Use Permit for 585 Wall St Pour Brothers Brewery, LLC intends to use the warehouse property located at 585 Wall St, Beaumont, TX 77701 as a microbrewery (less than 15,000 bbls/yr) producing craft beer and tasting room for customers to sample product. The processes and activities involved in the operation are brewing beer; shipping and receiving of goods; removal of spent grains; cleaning and maintenance of brewery equipment; serving beer samples in the tasting room; outdoor recreation/entertainment; conducting brewery tours; third -party food truck operations; and live music/special events. Further details of each of these items are attached with this letter. Our intended hours of operations will be Thursday through Saturday, 5pm —11pm and select Sundays 12pm —11pm. Brewing will occur twice a week and brew days/hours will be set the discretion of the head brewer. Initially, the brewery will employ up to 3 part-time servers and 1 full-time delivery driver. This staff will augment the labor provided by the founding partners who will act as management, sales, and brewing staff. As demand and production increase, additional staff will be added where needed. Our 10 -year plan accounts for 8-10 full-time employees and 6-8 part-time employees. Zoning Ordinance Requirements: 1. The subject property occupies a corner lot with wide berths all around to separate it from nearby properties. The only near -adjacent buildings that may be exposed to brewery activities are shielded by the building itself as well as a 20 ft. easement. These factors should sufficiently reduce any risk of injury to those properties. 2. Allowing a microbrewery to operate on this property will not impede the normal and orderly development of surrounding vacant property. In fact, we hope to eventually purchase the adjacent lot for expanded production, and will encourage additional developments nearby to help promote our own business. We also believe this will be a welcome addition for the closely located restaurants, businesses, and apartments/condominiums in the neighborhood. 3. Upgrades to the property for water line, waste water management specific to the proposed use, and a 3-phase electric circuit are part of our development plan for the location. All additional utilities, roads and drainage are adequate for the proposed use. Surrounding 2 -lane roads with easy access to/from College St, and therefore 1-10 make shipping and receiving convenient. There are no special drainage needs for our proposed use. 4. Surrounding 2 -lane roadways as well as on -street and across -street parking make for convenient ease of movement for vehicular and pedestrian traffic. On-site concrete pad will also provide a more than ample space for brewery owned vehicles, delivery vehicles, and food trucks. 5. All production will occur in the building with minimum noise which will be insulated by the brick building. During brew cycles, a semi -sweet, malty odor may be noticed by downwind properties; however, if deemed a nuisance, active carbon filters can be utilized to address the issue. Noise pollution for special events will be relegated to remain within acceptable hours based on city ordinance. 6. All new lighting installed will be directional lighting intended for signage or, property use only. Little -to -no light bleed is expected with the intended use. 7. The existing metal fence, the building itself, and the decorative trees lining the sidewalk around the property should be sufficient to screen property activities from adjacent properties. 8. To the best of the knowledge of Pour Brothers Brewery, LLC, the proposed use for this property is consistent with the City of Beaumont's Comprehensive Plan Attachment 1: Process and ActivitV Details Page 1 of 2 All employees involved in the brewing process will perform industry training on-site for process and safety. The brewing process consists of: • The brewing process starts by heating water (liquor) in the Hot Liquor Tank (HLT). • Once the water has reached the desired temperature, the malt is milled and transferred to the mash tun as water from the HLT is transferred simultaneously to avoid clumping of the grain. • This mixture is held in the mash tun for one hour. Next, the malt will be sparged, which is adding . more water to ensure maximum release of converted sugars to the liquid (wort). • The wort is then transferred to the boil kettle to be boiled for 60-90 minutes. It is during this time that hops are added at specific intervals as determined by the recipe. • As the kettle is boiling, the spent grains left behind in the mash tun will be removed and placed in containers to be removed later by local farmers for animal feed or compost. • Once the boil is complete, it is necessary to cool the wort to approximately 65 degrees as soon as possible. This is accomplished by a two stage system: o A cold liquor tank that holds water in cold storage is pumped into a heat exchanger at the same time as the wort is circulated through a plate cooling system. The heated water is then transferred to the HLT to be used for the next brew cycle or for cleaning in order to save wasted utility costs. o Once the wort is cooled to approximately 100 degrees, a glycol chiller will reduce the temperature to the necessary 65 degrees. • At this point, the wort is transferred to a fermenter where yeast is added. • Fermentation takes 7-14+ days, and once complete, the beer will be transferred to serving tanks (brite tanks) in cold storage. • The beer will be carbonated in the tanks and aged for a minimum of 7 days before distribution. Attachment 1: Process and ActivitV Details Page 2 of 2 Brewery operations related to, but not directly part of beer manufacture: • Receiving goods required for brewing process and distribution will involve delivery vehicles of multiple types depending on the items and quantity being delivered, but will not exceed an 18 - wheeler box trailer. Deliveries will typically consist of large vans or trucks supplying hops, grains, kegs, cans, labels supplies, and miscellaneous ingredients. Initial expectation is that no more than one large delivery will be required per week. • Shipping of goods produced to customer locations will involve a company owned refrigerated truck/van carrying kegs or cans to restaurants, bars, package stores, and grocers. Initial expectation is that these deliveries will occur 3-5 days per week depending on customer schedules and consumption rates. • Removal of spent grain will occur after each brewing process. The spent grain will be sidelined into plastic barrels and sealed for offsite disposal. The expectation is that local farmers and ranchers will be willing/able to use this spent grain as livestock feed or fertilizer. • Brewhouse cleaning will occur after each brewing process. The process consists of: 1. Pre Rinse: Water is used to wash away a majority of the soils. 2. Caustic Wash: Caustic soda (sodium hydroxide) is used to break down all organic soils and is captured to be used again. 3. Rinse: Water is used to rinse the tank and is often recovered. 4. Acid Wash: Phosphoric acid is used to remove any beerstone buildup and is capture to be used again. 5. Rinse: Water is used to rinse the tank and is then drained 6. Sanitisation: PAA (peracetic acid) is used to sanitize and disinfect the tank Secondary operations will include the serving of beer samples in the tasting room. All servers will be required to complete the TABC training course as well as in-house training. Samples will be served in 8 oz. portions for consumption on -premise. Regular activities at the site will include an outdoor space for recreation and entertainment and brewery tours. The outdoor space will be a fenced -in area with lighting, picnic tables, and yard games. Brewery tours will be available during tasting room hours unless otherwise arranged in advance. No customers will be allowed into the brewery space during production. Occasional activities will include on -premise food trucks and live music events. As possible, we will invite food trucks to park on-site for customer convenience, but also intend to extend the invite to multiple food trucks for some special events. Also for special events and occasions, musicians -,or bands will be invited to perform on -premise. ORDINANCE NO. ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A MANUFACTURING BREWERY WITH TASTINGS IN THE CBD (CENTRAL BUSINESS DISTRICT) AT 585 WALL STREET IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS, Pour Brothers Brewery, L.L.C. has applied for a specific use permit to allow a manufacturing brewery with tastings in the CBD (Central Business District) at 585 Wall Street, being Lots 397 & 398, Block 56, Beaumont Addition, Beaumont, Jefferson County, Texas, containing 0.33 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 manufacturing brewery with tastings in the CBD (Central Business District) at 585 Wall Street; and, WHEREAS, the City Council is of the opinion that the issuance of such specific use permit to allow a manufacturing brewery with tastings 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 manufacturing brewery with tastings in the CBD (Central Business District) at 585 Wall Street, being Lots 397 & 398, Block 56, Beaumont Addition, Beaumont, Jefferson County, Texas, containing 0.33 acres, more or less, as shown on Exhibit 'A" is hereby granted to Pour Brothers Brewery, L.L.C., 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 24th day of July, 2018. - Mayor Becky Ames - File 2357-P: Request for a Specific Use Permit to allow a brewery (may include food service) in the CBI) (Central Business District). Applicant: Joel Hollier Location: 585 Wall Street 0 100 200 1 1 1 I Feet EXHIBIT "A" + m O motR— },q 2 July 24, 2018 Consider a request for a Specific Use Permit to allow an elementary school and secondary school in a GC -MD (General Commercial -Multiple Family Dwelling) District for property located at 7705 Calder Avenue BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager 650 PREPARED BY: Chris Boone, Planning & Community Development Director MEETING DATE: July 24, 2018 REQUESTED ACTION: Council consider a request for a Specific Use Permit to allow an elementary school and secondary school in a GC -MD (General Commercial -Multiple Family Dwelling) District for property located at 7705 Calder Avenue. BACKGROUND Acton Academy Beaumont is requesting a Specific Use Permit to allow an elementary and secondary school at 7705 Calder Avenue. The grade levels will range from Kindergarten to 8th grade. School enrollment will be limited to 30 students. Staff will be comprised of two full time teachers. No meals will be provided. The adjacent lot will be converted to an outdoor play area. New fencing of this area will provide safety for the students. Hours of operation will be 7:30 a.m. to 3:30 p.m. with late pick-up extending till 5:00 p.m., Monday through Friday. At a Joint Public Hearing held on July 16, 2018, the Planning Commission recommended 8:0 to approve a request for a Specific Use Permit to allow an elementary school and secondary school in a GC -MD (General Commercial -Multiple Family Dwelling) District for property located at 7705 Calder Avenue with the following condition: 1. Proposed ADA parking spot must meet City of Beaumont requirements. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of the ordinance with the following condition: 1. Proposed ADA parking spot must meet City of Beaumont requirements. SPECIFIC USE PERMIT APPLICATION BEAUMONT, TEXAS (Chapter 28, City Codes) TO: THE PLANNING COMMISSION AND CITY COUNCIL, CITY OF BEAUMONT, TEXAS APPLICANTS NAME: ACTON ACADEMY BEAUMONT APPLICANTS ADDRESS: 4770 LITTLEFIELD BEAUMONT, TX 77706 APPLICANTS PHONE #: 970-946-3258 NAME of PROPERTY OWNER KEVIN SEKALY CRIBBS ADDRESS OF PROPERTY OWNER: 7705 CALD E R AVEN U E LOCATION OF PROPERTY: 7705 CALDER AVENUE LEGAL DESCRIPTION OF PROPERTY: IAT NO BLOCK NO FAX OR TRACT �j ) Zc) - Ll PLAT s p" ADDITION SURVEY G NUMBER OF ACRES 0'507 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: ELEMENTARY AND SECONDARY SCHOOL ZONE: GC -MD ATTACH A LETTER describing all processes and activities involved with the proposed uses. ATTACH A SITE PLAN drawn to scale with the information listed on the top back side of this sheet. ATTACH A REDUCED 8 %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: LESS THAN % ACRE.................................................................$250.00 %z ACRE OR MORE AND LESS THAN 5 ACRES...................$450.00 5 ACRES OR MORE...................................................................$650.00 I, being the undersigned applicant, understand that all of the conditions, dimensions, building sizes, landscaping and parking areas depicted on the site plan shall be adhered to as amended and approved by CityCCouncil. SIGNATURE OF APPLICANT: SIGNATURE OF PROPERTY PLEASE TYPE OR PRINT AND SUBMIT TO: FILE NUMBER: 7'S56 —P CITY 801 MAIN STREET, ROOM 201 BEAUMONT, TX 77701 Phone - (409) 880-3764 Fax - (409) 880-3110 6-22-2018 6-22-2018 PLEASE MAKE NOTE ON REVERSE SIDE OF CONDITIONS TO BE MEI' REGARDING THE SITE PLAN AND LETTER OF PROPOSED USES AND ACTIVPITFS. ®esuiption of Processes and AcIfflVes The proposed use of 7705 Calder Avenue (currently zoned GC -MD) and the adjacent vacant lot (currently zoned GC -MD) is a non-profit Corporation called Acton Academy Beaumont which shall operate as a small school for grades K-8, (this falls under (2) primary uses, an Elementary and a Secondary School). The school will be similar to a single -room schoolhouse where grades K-5 (Elementary School) will learn in one large room and grades 6-8 (Secondary School) will learn in the other. The school enrollment will be limited to 30 students. To comply with parking group 31 requirements, the maximum number of Secondary School students will be 24. The existing building will be modified to serve as the classrooms for the school. Each "school/classroom" will have (1) full-time teacher for a total of (2) full-time staff. Students will participate in learning activities (reading, writing, discussions,art and crafts, etc.). The students will be required to bring a prepared lunch each day, so there will be no food preparation on the property. The adjacent lot will serve as an outdoor play area. We will fence and secure the area to provide safety for the children and comply with the required city codes. The school operating hours will be 8:00 am - 3:30 pm with early morning drop-off beginning at 7:30 am and afternoon late pick-up ending at 5:00 pm. The school will operate Monday through Friday for 180 educational days per year. Addressing the ba ht Condo ans 1. That the 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; Upon issuance of a specific use permit we seek to improve the value of the property by updating the interior and exterior. The additions will not be injurious to the car wash or professional offices adjacent to the property. There are other facilities in the area providing similar services to our proposed use. Creative Learning Center Daycare is less than 1000 feet away East on Calder. 2. That the establishment of the specific use will not impede the normal and orderly development and improvement of surrounding vacant property. The establishment of a school in this area will not impede the development of surrounding vacant property. The operational business types in this area are a car wash, a dentist office, and a medical supply store. There are other vacant businesses that previously housed a nail and hair salon. Increased traffic in this area by parents may revitalize the economic activity in the area. 3. That adequate utilities, access roads, drainage and other necessary supporting facilities have been or will be provided. The utilities, access roads, drainage, and other supporting facilities are already in-place and functional. The usage of the proposed school is not considerably greater than the prior usage of the law -firm and engineering offices that previously inhabited the building. 4. The design, location and arrangement of all driveways and parking spaces provides for the safe and convenient movement of vehicular and pedestrian traffic without adversely affecting the general public or adjacent development. The existing property has room for adequate parking spaces per city zoning requirements for elementary schools (parking group 30) and secondary schools (parking groups 30/31). There are 7 existing parking spots. We propose to add (1) and modify (1) to be disabled parking. This provides (8) parking spots. There will be (2) full time staff and a maximum of (24) secondary school aged students. Per the definition of parking groups 30 and 31 this requires (8) spaces. The existing driveway provides adequate space for ingress and egress as well as a student drop-off lane. The property is located on a segment of Calder which is limited to one-way traffic making entrance and exit of vehicles safer and controlled. 5. That adequate nuisance prevention measures have been or will be taken to prevent or control offensive odor, fumes, dust, noise and vibration. The specific use of the property as an elementary and secondary school will not create any offensive odor, fumes, dust, noise, or vibration. 6. That directional lighting will be provided so as not to disturb or adversely affect neighboring properties. There will be no new directional lighting installed at the property because the operating hours of the school will be during daylight hours. 7. That there are sufficient landscaping and screening to ensure harmony and compatibility with adjacent property. There is existing fencing on the East and South boundaries of the property. The Northern boundary is the access to Calder. The Western boundary currently has a vegetative boundary with the adjacent property. It is our plan to fence the perimeter of the adjacent vacant grassed lot to provide safety for the children as well as harmony and compatibility with adjacent properties. Because the commercial property is not adjacent to a residential zone, per 28.04.006(f). 8. That the proposed use is, in accordance with the Comprehensive Plan. The proposed property is within a stable area. BeauiTiont, Texas You know you are visiting an Acton Academy Learner Driven Community when: You see and hear: 1. Evidence of the Hero's Journey — Frequent references to the Hero's Journey and callings — Use of Growth Mindset language — Acknowledgement of the necessity to fail early, cheaply and often to learn — Parent Meetings at least 3x per year, focusing on parents' own Hero's Journeys 2. Self -governance and self-management — Studio Contracts visible on the walls — Eagles set daily SMART goals — Eagles hold each other accountable to Contract promises (Eagle Bucks, Growth Mindset language) and take their community issues to Town Hall — Visible schedule with large blocks of time 3. Accountability and celebration of progress and hard work — 'Public Exhibitions at the end of every session — Badges approved according to "Standards of Excellence"' — Weekly points and SMART goals — Customer satisfaction surveys at least twice per month shared with Eagles and parents 4. Eagles "Learning to Do" — Hands-on Quests to discover gifts — Socratic discussions in launches and Civilization — Khan, Dreambox and other game -based tools to allow Eagles to learn at their own pace — Eagles choosing to "drop everything and read" (DEAR) — Writers' Workshop and peer-reviewed writing — Apprenticeships in upper studios S. Eagles "Learning to Learn" — Overarching Question posted on the wall — Journey maps posted on walls (Quests, Writer's Workshop, Civilization) — Eagles learning clear processes for getting things done, often posted on walls (writing processes, critique processes, conflict resolution processes, etc.) — Public posting of work and comparison of world-class examples — Feedback systems and deliberate practice — Nest Cams to capture visual patterns over time 1 "Excellent" work meets one of these standards: (1) Is this your best work?; (2) Is it better than last time?; (3) How does it compare to a world-class example?; or (4) Has it won an outside competition? Badges largely approved by peers or upper - school Mentors instead of Guides. 6. Eagles "Learning to Be" — Character Call Outs — Servant Leader Badges or another way to intentionally develop heroic habits — Squad Leaders or Running Partners/Teams — Collaboration Cards or another system for purposeful collaboration — 360 Peer Reviews or another system for feedback on Eagle's warm-hearted and tough- minded character development 7. Socratic Guiding — Guides only respond to questions with another question or a choice — The flow of the studio doesn't revolve around the Guide; Eagles don't look to Guides as their primary help — Guide can disappear for extended periods of time and nothing changes — Studio isn't organized around a teacher desk — No examples of: Teaching or lecturing by Guides Grades or grading by adults Shaming behavior or language or a condescending tone Fixed mindset language Guides making announcements in front of the studio 8. Language that affirms the method — Young people referred to as "Eagles" (mascot), "Heroes," or "Learners," and not as "students," "kids," "boys and girls," or any other form of the diminutive — Adults referred to as "Guides" and not "teachers" — No reference to grade levels ("fifth grade") — "Learn to Learn, Learn to Do, Learn to Be" instead of edu-speak like "developmentally appropriate," "classroom," "instruction," "gifted & talented" — "Learning" instead of "teaching" Diagnostic Questions to ask: To Eagles and Council: — What happens if someone doesn't work for a week? For a month? — Who decides if work is "excellent?" — Who do you ask if you don't know something? — . What was your favorite quest? Toa Guide: — Can we (all adults) leave the studio for 30 minutes? — May I execute one of your launches? — Can you tell me a story about a family who left? — What is your Hero's Journey? OUR MISSION' To provide a student -driven learning environment for the 21st century. We seek to bring up a generation. of doers - leaders, creators, innovators, entrepreneurs and discoverers. OUR BELIEFS Children are capable of far more than what traditional schools ask of them. Learning to learn is more important than learning to know. A child's curiosity is precious: Curiosity should be cherished, protected, and encouraged. * Children learn more doing and discovering than sitting in a desk, doing busy work, and preparing for tests. Subject mastery and a commitment to excellence is more important than letter grades. * Every child learns differently and at their own pace. Each child is the protagonist in their own Hero's Journey. WHAT IS ACTON ACADEMY? The original Acton Academy was founded in Austin, Texas in 2009 by Jeff and Laura Sandefer for their children. It is now a network of over 80 student-driven.schools around the world with a community of independent owners that are continuously sharing curriculum, best practices, and support. ACTONACADBMY Beaumont, Texas Beaumont, Texas 970-946-3253 info(alactorrbeaumont.org A Learning Environment for the 21st Century Facebook.com/ActonBeaumont connect with us online No Text ACTON I OACADEMY Beaumont, Texas Mission Each person who enters our doors will find a calling that will change the world. Promises We promise, through Socratic guiding and experiential learning, you and your child will: • Begin a Hero's Journey • Learn to be curious, become an independent learner, and love life-long learning • . Discover your most precious gifts, along with the dedication it takes to develop real talent • Understand the importance of a strong character • Cherish the arts, the wonders of the physical world, and the mystery of life' • Treasure economic, political, and religious freedom Core Beliefs 1. We believe each child has a gift that can change'the world in a profound way. 2. We believe in a closely connected family of lifelong learners. 3. We believe in learning to learn, learning to do, and learning to be. 4. We believe in economic, political, and religious freedom. vvww.actonbea'umont.org I L ACTON ACADEMY BEAUMONT 2018-2019 CALENDAR 3 Labor Day 4 First Day of School Session 1: (Build the Tribe) Sept. 4 - Oct. 5 08 Columbus Day Break/Camp 1: Oct. 8 - Oct. 12 Session 2: (Architecture) Oct. 15 -Nov. 16 31 Halloween nmnyMm" SEPTEMBER 2018 2018 mmmmmmm M FT@j 5@1 [&1 [W'l BW 0 OMMMMMM MUUMFOTWO mmmmmmm mmmmmmm OWWWWOM anunnan MOMM000 mmmmmmm 000MMOM mmmmmmm MMMMMMM 000MMOM mmmmmmm nmnmmn OCTOBER 2018 mmmmmmm M FT@j 5@1 [&1 [W'l BW 0 OMMMMMM MUUMFOTWO mmmmmmm OWWWWOM MOMM000 000MMOM MMMMMMM Session 5: (Entrepreneurship) MARCH 2019 SM T W Feb. 25 - Apr. 5 :', Spring Break: Mar. I I - Mar. 15 3- 4 5 6 7 8 9"' 17 18 19 20 21 22 23 24 25 126 127 1 28 129 130 31 APRIL 2019 Break/Camp 5: -fh— _F Apr. 8 - Apr. 12 1 2 3 4 5 19 Good Friday 21 Easter Sunday .14' 15 16 17 18 22 23 24 25 26 Session 6: (Garden) 2$7,-,,129 130 1 1 1 jJ_,`-"!; Apr. 15 -May 24 11 Veterans Day 12 Mother's Day Break/Camp 2: Break/Camp 6: 1 2 1 2 3 Nov. 19 - Nov. 23 7 May 27 - May 31 4 5 6 7 8 9 lb [E6 748 9 10 �1 13 1 1 22 Thanksgiving Day 11 12 113 114 115 16 14 15 16 7 18 27 Memorial Day Session 3: (Pitch -A -Pet) Nov. 26 - Dec. 14 Christmas Break: Dec. 17 -Jan. I 1 25 Christmas Day DECEMBER 2018 mmmomnn wmmmmmm munnna mmmmmmm M TW WMWF-17-�0 ®®® W. -I I E FT!--- 10 mwmmmmm JUNE 2019 16 Father's Day T W _Th_ _F Session 7: (Marine Science) June 3 -July 12 2. 3 4 5 6 7 9 10 11 12 13 14 19. 16 17 18 19 20 21 22 j 23 1 24 25 1 26 27 28 30 I I 01 New Years DayJANUARY 2019 4 Independence Day M T Th F S M T W I Session 4: (Physics)„.- Last Day of School: 3 4 'f5 1 2 3 Jan. 3 -Feb. 15 July 12 7 8 9 10 11 12 7 8 9 10 11 12 21 M.L. King Day 14 15 16 17 18 19 I .1.4 15 16 17 18 19 20” I 20 M21 22 23 24 25 26 21 22 23 24 25 26 27 127 28 29 30 31 i 28 29 30 31 Break/Camp 3: Feb. 18 - Feb. 22 18 Presidents Day Session 5: (Entrepreneurship) Feb. 25 - Apr. 5 FEBRUARY 2019 x2mammnn mmmmmwn unnnann mmmmmmm M FT@j 5@1 [&1 [W'l BW 0 nonmomm mmmmmmm 0 CalendarTemplate@catendariabs.com ORDINANCE NO. ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW AN ELEMENTARY SCHOOL AND SECONDARY SCHOOL IN A GC -MD (GENERAL COMMERCIAL -MULTIPLE FAMILY DWELLING) DISTRICT AT 7705 CALDER AVENUE IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS, Acton Academy Beaumont has applied for a specific use permit to allow an elementary school and secondary school in a GC -MD (General Commercial - Multiple Family Dwelling) District at 7705 Calder Avenue, being Plat SP -6, Tracts 79-4 & 79-6, C. Williams Survey, Abstract 59, Beaumont, Jefferson County, Texas, containing 0.507 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 an elementary school and secondary school in a GC -MD (General Commercial -Multiple Family Dwelling) District at 7705 Calder Avenue, subject to the following condition: ; and, • Proposed ADA parking spot must meet City of Beaumont requirements WHEREAS, the City Council is of the opinion that the issuance of such specific use permit to allow an elementary school and secondary school 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 an elementary school and secondary school in a GC -MD (General Commercial -Multiple Family Dwelling) District at 7705 Calder Avenue, being Plat SP -6, Tracts 79-4 & 79-6, C. Williams Survey, Abstract 59, Beaumont, Jefferson County, Texas, containing 0.507 acres, more or less as shown on Exhibit "A," is hereby granted to Acton Academy Beaumont, its legal representatives, successors and assigns, as shown on Exhibit "B," attached hereto and made a part hereof for all purposes, subject to the following condition: • Proposed ADA parking spot must meet City of Beaumont requirements. 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 24th day of July, 2018. - Mayor Becky Ames - Request for a Specific Use Permit to allow an elementa a GC MD (General Commercial -Multi le Fa ry school and ant: Acton Academy Beaumont p Family Dwelling) District. >n: 7705 Calder Avenue 0 Too , ,,. a ow" f"IM11 vv 'RNE,E:; ii0' Eln� P 'FOR - F � ea I-� maw A+ APlA A . . . . . ..... pw W., . . . . . . . . . . . 4p REFERENCE -1 2 pTAll;r. W11 e zw REFERENCE SITE PLAN -1002 FOR DETAILED SITE PLAN ACTON ACADEMY BEAUMONT, TEXAS 0® �`'•'� � .�t.;�, ,, `e>oemvu mnlxr vMawuc �0.Mb�BICW.PNWBPIY6MTAGNLBIfmASaNE '�d� !•in!( _ GIDFRAYPMtl6 (ONEWAY 114}PIC VO®lAm) Nf11E: PPDPF111Y WlLBfiRve (h P�NG4MYFUNC110.V6. y 'fir' y NOC@1OIQQSIREEi ip i 5®COIWfSG10011����1 011CLP p017 - MIUOI6 GNWPIPIENF16f ON6(175rAC6FMIUCHTEAOYRIVm F EOO6 fIF�1� P qlU i11 LUIa:.6010(A✓�If9 id14ClIiOLH m8TIO61V13 h 81� " mertaP7muaMawn I. ¢rt�.vwsaaawnLluve lOFrALTRnmMp. t 6vAP6. i sl'+ �fYATION PA6SL'i��� ry��I11��qg1Lp,a�mFuuTw6mxPMm 1 TOTAtsPAt'SB P®V�6�{II+UI•(q'mPP� mcPlntt7nu� moNO�e NOP°iwarw�vLanmu Yro°�iw�iuo' OgOP4T Ui11l ,r —�— — T — — — — — — — — "' �r bTM9tflINMn k• '� '��•oa�F'FPPn r,r;..�r'� ........ .. , ... , .. , ... � _ .J�G'°4 nss� rAr°AOPie.HUHraPmu�l� out�iiwe�9mAtx�a¢we ua j� PMIOMO_ I.• N��exC MGl17 ,,1, `�-a/'ot1llWepMWa . T11I.Ff1CtM�TON I Z H4NDl M4P J - . ' " 4rc I tlOVeiVfYCIHAV 5t �1 e may, a W'� —WOPO Fe+ee - ACTON ACADEMY. BEAUMOp�N�Tp, TEXAS 6PECFlD1�.mHPfWQf M�P111' Tdl TIO! � AverAle 4fY BE11Aam udt m nw v7r=ra �P7Mt.,oPl 3 July 24, 2018 Consider a request for an amended Specific Use Permit to expand a school located at 7720 Park North Drive BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager 60 PREPARED BY: Chris Boone, Planning & Community Development Director MEETING DATE: July 24, 2018 REQUESTED ACTION: Council consider a request for an amended Specific Use Permit to expand a school located at 7720.Park North Drive. BACKGROUND Hughen/Bob Hope School is requesting an amended Specific Use Permit to allow the expansion of a school on the south side of Park North Drive. In September of 2017, the applicant received a Specific Use Permit for a school at this location. The northeast most piece of property and the most southern portion of the property were not included in that request. The attached site plan shows these newly added areas intended for parking and recreation. The grade levels will range from Pre -K to 9th grade. Ten to twelve modular buildings would be installed, initially, designed to accommodate up to 360 students and staff. The school has future plans to construct a permanent facility and remove the modular buildings in the future. A new Specific Use Permit would need to be submitted for all future plans. At a Joint Public Hearing held on July 16, 2018, the Planning Commission recommended 6:1 to approve a request for an amended Specific Use Permit to expand a school located at 7720 Park North Drive with the following conditions:. 1. Meet all Drainage District #6 drainage requirements. (see attached) 2. Sidewalk must be provided along Park North Drive. 3. Landscaping must be provided to meet ordinance requirements for parking areas and buffers. 4. Dumpster must be screened completely from street with fencing and landscaping, and located a minimum of 25' from adjacent properties. 5. Ensure all portable buildings will be accessible via ADA guidelines from the parking lot drop off area. 6. Modular buildings must meet all City of Beaumont building code requirements. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of the ordinance with the following conditions: 1. Meet all Drainage District #6 drainage requirements. (see attached) 2. Sidewalk must be provided along Park North Drive. 3. Landscaping must be provided to meet ordinance requirements for parking areas and buffers. 4. Dumpster must be screened completely from street with fencing and landscaping, and located a minimum of 25' from adjacent properties. 5. Ensure all portable buildings will be accessible via ADA guidelines from the parking lot drop off area. 6. Modular buildings must meet all City of Beaumont building code requirements. SPECIFIC USE PERMIT APPLICATION BEAUMONT, TEXAS (Chapter 28, City Codes) TO: THE PLANNING COMMISSION AND CITY COUNCIL, CITY OF BEAUMONT, TEXAS APPLICANTS NAME: Hughen Center / Bob Hope School APPLICANTS ADDRESS: 2849 9th Avenue, Port Arthur, TX 77642 APPLICANTS PHONE #: (409) 983- 6659 FAX NAME OF PROPERTY OWNER Hughen Center, Inc. ADDRESS OF PROPERTY OWNER: 2849 9th Avenue, Port Arthur, TX 77642 LOCATION OF PROPERTY: 7720 Park North Drive, Beaumont, TX LEGAL DESCRIPTION OF PROPERTY: BLOCK NO ADDITION NUMBER OF ACRES `OR .TRACT PL RS -4, Tract 216 B (4.865 AC.) PL RS -4, Tract 216 G (1.968 AC.) SURVEY W. B. Dyches NUMBER OF ACRES 19.8369 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: New School ZONE. RM -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'/" 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 'h ACRE OR MORE AND LESS THAN 5 ACRES ...................$450.00 5 ACRES OR MORE...................................................................$650.00 I, being the undersigned applicant, understand that all of the conditions, dimensions, building sizes, landscaping and parking areas depicted on the site plan shall be adhered to as amended and ,�ppproved by City Council. SIGNATURE OF APPLICANT: SIGNATURE OF PROPERTY PLEASE TYPE OR PRINT AND SUBMIT TO: FILE NUMBER CITY OF BEAUMONT PLANNING -DIVISION 801 MAIN STREET, ROOM 201 BEAUMONT, TX 77701 Phone - (409) 880-3764 Fax - (409) 880-3110 6-12-2018 6-12-2018 PLEASE MAKE NOTE ON REVERSE SIDE OF CONDITIONS TO BE MET REGARDING THE SITE PLAN AMID LETTER OF PROPOSED USES AND ACTIVITIES. U G E N FST 1936 CC E N T Eg�YR WHERE HOPE LENDS A HELPING HAND tel (409) 983-6659 fax (409) 983-6408 2849 9th Avenue Port Arthur, TX 77642 www.hughencentenorg June 12, 2018 The Honorable Members of the City of Beaumont Planning Committee and City Council 801 Main Street, Room 201 Beaumont, Texas 77701 Subject: Amendment to Specific Use Permit Dear Ladies and Gentlemen: Bob Hope School has enjoyed tremendous success in our existing location and is planning to expand our operation to take advantage of the growth and need in the City of Beaumont. Our plan is to develop a state of the art educational facility m the north end of Beaumont, Texas. The proposed site is located at 7720 Park North Drive on approximately 19.8344 acres which is currently zoned RM -H. To meet the urgent need for the first year, our plans are to start with 10-12 modular building units to house approximately 360 students and staff. The grade levels will range from Pre -K to 9th grades. The modular buildings will meet all local and national codes and City Ordinances. After initial operation, the school plans to build a permanent facility for grade levels Pre -K through 12th grades. A 12.97 acre tract has been granted a SUP in August, 2017. We respectfully request that two adjoining tracts, totaling 6.833 acres be granted a Specific Use Permit. We respectfully ask that you grant the specific use permit so we may continue this endeavor and be a part of your fine city. Sincerely, Michael J. Casey . Board President The Hughen Center, Inc is designated a 501 (c) (3) non profit and donations are tax deductible. Hughen / Bob Hope School 2849 9h Avenue Port Arthur, TX 77642 Location of Property: Park North Drive -:- Beaumont, Texas June 12, 2018 SECTION 28.04.001, ZONING ORDINANCE REQUIRES THAT THESE EIGHT CONDITIONS MUST BE MET BEFORE A SPECIFIC USE PERMIT CAN BE ISSUED: 1. That the 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;. • The new neighborhood school will enhance the safety and the security of the area and any good school will increase the property value. 2. That the establishment of the specific use will not impede the normal ,and orderly development and improvement of surrounding vacant property; • The new school will occupy most of the remaining available space in the area and will be harmonious to the adjacent residential and apartments. That adequate utilities, access roads, drainage and other necessary supporting facilities have been or will be provided; • All new water, sewer, and electrical will be provided for the new facility. 4. The design, location and arrangement of all driveways and parking spaces provides for the safe and convenient movement of vehicular and pedestrian traffic without adversely affecting the general public or adjacent development; • Parking will be designed with appropriate buffers and driveways will be such that they will not create blind spots for other traffic. 5. That adequate nuisance prevention measures have been or will be taken to prevent or control offensive odor, fumes, dust, noise and vibration; • There will be no dust, fumes or odor that will be caused by the new school buildings. 6. That directional lighting will be provided so as not to disturb or adversely affect neighboring properties; • School will not be operation at night. Lighting will be designed such not to affect the nearby neighbors. 7. That there are sufficient landscaping and screening to insure harmony and compatibility with adjacent property; and • Design will be such to preserve as much as existing trees and will provide additional landscaping per requirements of the City of Beaumont. 8. That the proposed use is in accordance with the Comprehensive Plan. • The new school will be compatible with and enhance the comprehensive plan. No Text Legal Description: 19.8369 Acre Tract or Parcel of Land W. B. Dyches Survey, Abstract No. 17 Beaumont, Jefferson County, Texas BEING a 19.8369 acre tract or parcel of land situated in the W. B. Dyches Survey, Abstract No. 17, Jefferson County, Texas and being out of and part of the remainder of that certain called.33.869,acre tract of land, identified as TRACT I, and all of that certain called 4.865 acre tract of land, identified as TRACT J, and all of that certain called 1.968 acre tract, identified as TRACT L, as described in a "Special Warranty Deed" from Park North Corporation, et al. to G & L Development, LTD. as recorded in Clerk's File No. 2004030066, Official Public Records of Real Property, Jefferson County, Texas, said 19.8369 acre tract being more particularly described as follows: NOTE: All hearings are referenced to the Southeasterly right-of-way line of Park North Drive as NORTH 62°48'00" EAST as recorded in Volume 12, Page 22, Map Records, Jefferson County, Texas. All set 5/8" iron rods set with caps stamped "M. W. Whiteley &Associates". BEGINNING at a 1/2" iron rod found for the most Northwesterly corner. of the tract herein described, said corner also being the most Northeasterly corner of that certain called 5.753 acre tract of land as described in a "Special Warranty Deed" from James H. Hazen to Cenacle Properties, LLC as recorded in Clerk's File No. 2014030126, Official Public Records of Real Property and said corner being in the Southeasterly right-of-way Park North Drive (based on a width of 60 feet) as dedicated on the final plat of Park North Addition, a subdivision of the City of Beaumont, Jefferson County, Texas as recorded in Volume 12, Page 22, Map Records, Jefferson County, Texas and said corner bears NORTH 62°48'00" EAST a distance of 440.76 feet from a 1/2" iron rod found for the Northwesterly corner of that certain called 11,358 square feet tract of land, identified as TRACT 2, as described in a "General Warranty Deed" from Eastex Miniwarehouses, Inc. to Claude E. Stewart as recorded in Film Code No. 100-88-1336, Official Public Records of Real Property, Jefferson County, Texas and the most Northeasterly corner of Block 2 of Eastex Commercial Complex, a subdivision of the City of Beaumont, Jefferson County, Texas, according to the plat thereof recorded in Volume 12, Page 1, Map Records, Jefferson County, Texas, the same being the Northeasterly corner of the said Block 2 as described in a "General Warranty Deed" from DCJC Properties, LLC to Ben's Heating & Air, LLC as recorded in Clerk's File No. 2016007890, Official Public Records of Real Property, Jefferson County, Texas, and said corner also being the beginning of a curve turning to the right having a radius of 587.27 feet and being subtended by a chord bearing NORTH 76°27'30" EAST having a chord length of 277.35 feet; THENCE EASTERLY, along and with said curve and the Southerly right-of-way line of Park North Drive, for an are length of 279.99 feet to a 5/8" iron rod set for corner; THENCE SOUTH 89053'00" EAST, continuing along and with the South right-of-way line of Park North Drive, for a distance of 204.76 feet to a 5/8" iron rod set for corner, said corner being the beginning of a curve turning to the left having a radius of 230.00 feet and being subtended by a chord bearing NORTH 69049`27" EAST having a chord length of 159.53 feet; THENCE EASTERLY, along and with said curve and the Southerly right-of-way line of Park North Drive, for an arc length of 162.92 feet to a scribed "X" set in concrete for corner, said corner being the Southwesterly corner of North Ridge Square, Section H, a Condominium Project in the City of Beaumont, Jefferson County, Texas, according to the plat thereof recorded in Volume 2, Page 142, Condominium Records, Jefferson County, Texas; Page 1 of 3 IV TFH1T)-7L Vk AVWC9A7F,S HNC- THENCE SOUTH 64012'54" EAST, along and with the boundary between the tract herein described and the said North Ridge Square Section II, passing at a distance of 215.02 feet a V iron pipe found for the Southeasterly corner of the said North Ridge Square, Section II and the Southwesterly corner of North Ridge Square, Section III a Condominium Project in the City of Beaumont, Jefferson County, Texas, according to the plat thereof recorded in Volume 2, Page 247, Condominium Records, Jefferson County, Texas and continuing along and with the boundary between the tract herein described and the said North Ridge Square, Section III, for a total distance of 314.20 feet to a 1 3/8" found for corner, said corner being the Southeasterly corner of the said North Ridge Square, Section III and the Southwesterly corner of the said 1.968 acre G & L Development, LTD. tract; THENCE NORTH 26003'58" EAST, along and with the boundary between the said 1.968 acre G & L Development, LTD. tract and the said North Ridge Square, Section III, for a distance of 294.87 feet to a 1 1/4" sucker rod found for corner, said corner being the Northeast comer of the said North Ridge Square, Section III and the Northwest corner of the said 1.968 acre G & L Development, LTD. tract and in the South line of the remainder of the said 33.869 acre G & L Development, LTD. tract; THENCE SOUTH 89052'10" EAST, along and with the boundary between the said 1.968 acre G & L Development, LTD. tract and the remainder of the said 33.869 acre G & L Development, LTD. tract, passing at a distance of 261.80 feet a 5/8" iron rod set for reference and continuing for a total distance of 297.89 feet to a point for corner, said corner being the Northeast corner of the said 1.968 acre G & L Development, LTD. tract and being in the Northwesterly right-of-way line of a Lower Neches Valley Authority canal and said corner being in the Southeasterly line of that certain called 20 feet wide channel easement as described in a "Channel Easement" from Suburban Acres, a corporation, and L. F. Guseman to the State of Texas as recorded in Volume 1008, Page 208, Deed Records, Jefferson County, Texas and being in the Northwesterly line of that certain called 20 feet wide channel easement as described in a "Channel Easement" from Lower Neches Valley Authority to the State of Texas as recorded in Volume 1009, Page 374, Deed Records, Jefferson County, Texas THENCE SOUTH 33°54'40" WEST, along and with the boundary between the tract herein described and the said Lower Neches Valley Authority canal right-of-way and the centerline of the said channel easement, passing at a distance of 451.72 feet the Southeasterly comer of the said 1.968 acre G & L Development, LTD. tract and continuing for a distance of 1759.98 feet to a point for corner (unable to find or set corner); THENCE SOUTH 42006'33" WEST, continuing along and with the boundary between the tract herein described and the said Lower Neches Valley Authority canal right-of-way and the centerline of the said channel easement, for a distance of 62.23 feet to a point for comer (unable to find or set comer), said corner being the most Southerly corner of the above referenced 4.865 acre G & L Development, LTD. tract; I. THENCE NORTH 41030'18" WEST, along and with the Southwesterly line of the said 4.865 acre G & L Development, LTD. tract, passing at a distance of 20.12 feet a 1" iron rod found for the most Easterly corner of Lot 4 of Eastex Plaza, a subdivision of the City of Beaumont, Jefferson County, Texas, according to the plat thereof recorded in Volume 14, Page 65, Map Records, Jefferson County, Texas and continuing along and with the boundary between the tract herein described and the Lots 4 and 3 of the said Eastex Plaza, for a distance of 382.77 feet to a 1" iron rod found for corner, said corner being the most Northerly corner of the said Lot 3 of Eastex Plaza and the most Easterly corner of that certain called 6.417 acre tract of land as described in a "General Warranty Deed" from Mustang Tractor & Equipment Co. to F.L. Tucker, Ltd. as recorded in Clerk`s File No. 2002045679, Official Public Records of Real Property, Jefferson County, Texas; W IIWfTF./.FV.0 ARRnPTATF.Q 1ATr THENCE NORTH 40054'45" WEST, continuing along and with the boundary between the tract herein described and the said 6.417 acre F.L. Tucker, Ltd. tract, the same being the Southwesterly line of the said 4.865 acre G & L Development, LTD. tract, for a distance of 163.55 feet to a 1/2" iron rod found for corner, said corner being the most Westerly corner of the said 4.865 acre G & L Development, LTD. tract and the most Southwesterly corner of the said Block 2 of Eastex Commercial Complex; THENCE NORTH 48037'38" EAST, along and with the boundary between the tract herein described and the said Block 2 of Eastex Commercial Complex, for a distance of 172.79 feet to a 1/2" iron rod found for corner, said coiner being the most Southeasterly corner of the said Block 2 of Eastex Commercial Complex and the most Southwesterly corner of the above referenced 11,358 square feet tract Stewart tract; THENCE NORTH 48052'50" EAST, along and with the boundary between the tract herein described and the said 11,358 square feet tract Stewart tract, for a distance of 15.87 feet to a 1/2" iron rod found for corner, said corner being the most Southeasterly corner of the said 11,358 square feet tract Stewart tract and the most Southwesterly corner of the said 5.753 acre Cenacle Properties, LLC tract; THENCE NORTH 48001'43" EAST, along and with the boundary between the tract herein described and the said 5.753 acre Cenacle Properties, LLC tract, for a distance of 11.55 feet to a 1/2" iron rod found for corner, said corner being the most Northwesterly corner of the said 4.865 acre G & L Development, LTD. tract; THENCE NORTH 48031'11" EAST, continuing along and with the boundary between the tract herein described and the said 5.753 acre Cenacle Properties, ILLC tract, for a distance of 336.50 feet to a 5/8" iron rod found for corner, said corner being the most Southeasterly corner of the said 5.753 acre Cenacle Properties, LLC tract,; THENCE NORTH 35029'33" WEST, continuing along and with the boundary between the tract herein described and the said 5.753 acre Cenacle Properties, LLC tract, for a distance of 607.00 feet to the POINT OF BEGINNING and containing 19.8369 Acres, more or less. W:1301717-957117-957m&b.docx 11i AURA ti! WRI MEY & ASSOCUTES, INC ORDINANCE NO. ENTITLED AN ORDINANCE ISSUING AN AMENDED SPECIFIC USE PERMIT TO ALLOW THE EXPANSION OF A SCHOOL IN AN RM -H (RESIDENTIAL MULTIPLE FAMILY DWELLING -HIGHEST DENSITY) DISTRICT AT 7720 PARK NORTH DRIVE IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS, on September 19, 2017, the City Council of the City of Beaumont, Texas adopted Ordinance No. 17-057 issuing a specific use permit to allow a new elementary/secondary school in an RM -H (Residential Multiple Family Dwelling -Highest Density) District on the south side of Park North Drive; and, WHEREAS, Hughen/Bob Hope School wishes to amend the specific use permit to allow the expansion of a school in an RM -H (Residential Multiple Family Dwelling - Highest Density) District at 7720 Park North Drive, being Plat RS -4, Tracts 216 B, 216 G & 216 M, W.B. Dyches Survey, Abstract 17, Beaumont, Jefferson County, Texas, containing 19.8369 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 the expansion of a school in an RM -H (Residential Multiple Family Dwelling -Highest Density) District at 7720 Park North Drive, subject to the following conditions: • Meet all Drainage District #6 drainage requirements • Sidewalk must be provided along Park North Drive • Landscaping must be provided to meet ordinance requirements for parking areas and. buffers • Dumpster must be screened completely from street with fencing and landscaping, and located a minimum of 25' from adjacent properties • Ensure all portable buildings will be accessible via ADA guidelines from the parking lot drop off area • Modular buildings must meet all City of Beaumont building code requirements ; and, WHEREAS, the City Council is of the opinion that the amendment of such specific use permit to allow the expansion of a school 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. 17-057 be amended by amending the specific use permit granted to Hughen/Bob Hope School to also allow the expansion of a school in an RM - H (Residential Multiple Family Dwelling -Highest Density) District at 7720 Park North Drive, being Plat RS -4, Tracts 216 B, 216 G & 216 M, W.B. Dyches Survey, Abstract 17, Beaumont, Jefferson County, Texas, containing 19.8369 acres, more or less, as shown on Exhibit "A," is hereby granted to Hughen/Bob Hope School, 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: • Meet all Drainage District #6 drainage requirements • Sidewalk must be provided along Park North Drive • Landscaping must be provided to meet ordinance requirements for parking areas and buffers • Dumpster must be screened completely from street with fencing and landscaping, and located a minimum of 25' from adjacent properties • Ensure all portable buildings will be accessible via ADA guidelines from the parking lot drop off area • Modular buildings must meet all City of Beaumont building code requirements. 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 24th day of July, 2018. - Mayor Becky Ames - �z G w.T J TA, L, -, ; - I . NNW, - ------ Mh "ev: i Uf ( ld AY MA, r All; �l W. A. VIK V "p, 15 'App, Vl- cx VU kii- v wrl, "Ail r � -/ � iY, , W—A L1.1- ekll, Mw S;%S}'."r+.iic, 4. `+y .yc+ i. y'*. • ?''= • ?••• '3Y-`6 •¢'' ;'1- pn.�'�. ��'' gin,, .�,,''�_�� V T'A Oz. M 46, '.4 If. %.eg; L 44 A. J)-, ,!.'..••, i,2 k9%, MAI ;SR pw "KK Ji- 4;14. K-','�- FE vOB HOPE FINAL SITE Iq July 24, 2018 Consider a request for a Specific Use Permit to allow a mini storage facility in a GC -MD (General Commercial -Multiple Family Dwelling) District for property located at Parkdale Mall, near 6475 Eastex Freeway ' BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Chris Boone, Planning & Community Development Director MEETING DATE: July 24, 2018 REQUESTED ACTION: Council consider a request for a Specific Use Permit to allow a mini storage facility in a GC -MD (General Commercial -Multiple Family Dwelling) District for property located at Parkdale Mall, near 6475 Eastex Freeway. BACKGROUND CubeSmart, self storage facility, is requesting a Specific Use Permit to allow a mini storage facility at 4215 Dowlen Road located at Parkdale Mall. The proposed building would be a two story self -storage facility. This facility would be accessible to the public 6 a.m. to 10 p.m., with staff available Monday through Friday 9:30 a.m. to 6 p.m., Saturday 8:30 a.m. to 5 p.m. and Sunday 11 a.m. to 3 p.m. Staffing would consist of 1-2 employees during office hours. At a Joint Public Hearing held on July 16, 2018, the Planning Commission recommended 7:1 to approve a request for a Specific Use Permit to allow a mini storage facility in a GC -MD (General Commercial -Multiple Family Dwelling) District for property located at Parkdale Mall, near 6475 Eastex Freeway with the following condition: 1. - Provide instrument illustrating parking and access rights. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of the ordinance with the following condition: 1. Provide instrument illustrating parking and access rights. SPECIFIC USE PERMIT APPLICATION BEAUMONT, 'TEXAS (Chapter 23, City Codes) TO: THE PLANNING COMMISSION AND CITY COUNCIL, CITY OF BEAUMONT, TEXAS APPLICANTS NAME: Stephen West on behalf of Mark W. Whiteley and Associates APPLICANTS ADDRESS: 3250 Eastex Freeway APPLICANTS PHONE #: 409-892-0421 NAIME OF PROPERTY OWNER: ParkdaleMall CMBS, LLC ADDRESS OF PROPERTY OWNER: 6155 Eastex Freeway LOCA ION OF PROPERTY: Parkdale Mall LEGAL DESCRIPTION OF PROPERTY: LOT NO. BLOCK NO. ADDITION NUMBER OF ACRES FAX #:409-892-1346 OR TRACT 1.6343 Acre Tract PLAT Parkdale Mall Addition SURVEY Frederick Bigner, Abstract No. 1 NUMBER OF ACRES 1.6343 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: Storage Facility "LONE- GC -MD ATTACH A LETTER describing all processes and activities involved with the proposed uses. ATTACH A SITE PLAN drawn to scale with the information listed on the top back side of this sheet. ATTACH A REDUCED 8'/2" X I1" PHOTOCOPY OF THC SITE PLAN. THE EIGHT CONDITIONS fisted on Hie back side of this sheet must be met before City Council can grant a specific use permit. PLEASE ADDRESS EACH CONDITION IN DETAIL. ATTACH TRE APPROPRIATE APPLICATION FEE: LESS THAM %: ACRE...........................:..................::.................$350.00 Vi ACRE OR MORE AND LESS THAN 5 ACRES..................$450.00 5 ACRES OR MORE.................................:.::........:.:.:............:...$650.00 1, being the undersigned applicant, understand that all of the conditions, dimensions, building sizes, landscaping and parking areas depicted on the site plan shall be adhered to as amended and approved by Cin• Council, SIGNATURE OF APPLICANT: DATE: yo -t 6 SIGNATURE OF PROPERTY OWNER: C`' / `'C� DATEVI : PLEASE TYPE OR PRINT AND SUBMIT TO: JtJStICeY OF BEAUMONT LANNING DIVISION 801 MAIN STREET, ROOM 201 FILE NUMBER: JJ BEAUMONT, TX 77701 Phone - (409) 830-3764 Fax - (409) 880-3 110 PLEASE MAKE NOTE ON REVERSE SIDE OF CONDITION'S TO BE MEt' REGAILDING, THF SITE PLAN AND LFTfER OF PROPOSED GSFS AND ACTIVITIES. CubeSmart Self Storage Parkdale Mall Beaumont, Texas 77706 19 June 2018 City of Beaumont Planning Division 801 Main Street, Room 201 Beaumont, Texas 77701 ATTN.: Chris Boone Director of Planning and Community Development REF.: Specific Use Permit Parkdale Mall Dear Mr. Boone: Please find attached the Specific Use Permit Application along with a site plan and the fee for the above referenced tract. We propose to construct a two story CubeSmart Self Storage facility within the 1.6343 acre tract located on the westerly side of Parkdale Mall, near the termination of the recently completed Northwest Parkway. The following comments address the eight conditions as required by the City's Specific Use Permit: • The proposed CubeSmart facilitywill enhance the locale and not be injurious to the use and enjoyment of other property, nor significantly diminish or impair property values within the immediate vicinity. Appropriate architectural measures will be taken to ensure aesthetic compatibility with nearby structures. • The establishment of the specific use will not impede the normal and orderly development and improvement of surrounding vacant property, as the development of this lot follows with the development concept of the existing establishments in the vicinity. • There are existing and adequate utilities, access roads, drainage and other necessary supporting facilities currently present at the site. The site is located adjacent to Parkdale Mall, which has water, sewer, gas and communications presently on site. The Parkdale Mall complex also currently has a storm sewer system which will be utilized for receiving storm water runoff. • As shown on the attached site plan, the design, location and arrangement of all driveways and parking spaces provide for the safe and, convenient movement of vehicular and pedestrian traffic without adversely affecting the general public or adjacent development. Ingress and egress will be accomplished by utilizing the existing access points and aisle -ways currently servicing Parkdale Mall and the Page 1 of 2 nearby fieestanding businesses. An internal pull through loading area will be provided within the building structure to allow for loading and unloading without disrupting vehicular traffic. Daily traffic is expected to be low, and should result in minimal impact to the immediate vicinity. v There will be no offensive odor, fiimes, dust, noise or vibration caused by the proposed use of this site as a storage facility. o All proposed onsite lighting will be direct in nature so as not to disturb or adversely affect neighboring properties. Appropriate measures will be taken to mitigate adverse effects on the nearby properties. a Landscaping and screening will be provided in accordance with the appropriate City requirements to ensure harmony and compatibility with the adjacent properties. m The proposed use is in accordance with the Comprehensive Plan and will assist in further developing the West End of Beaumont and the Parkdale Mall complex. If you have any questions or need additional information please contact me at (409)-892-0421. Sincerely, Stephen West Engineer Assistant Mark W. Whiteley and Associates, Inc. Page 2 of 2 ORDINANCE NO. ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A MINI STORAGE FACILITY IN A GC -MD (GENERAL COMMERCIAL -MULTIPLE FAMILY DWELLING) DISTRICT AT 4215 DOWLEN ROAD/6475 EASTEX FREEWAY LOCATED AT PARKDALE MALL IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS, CubeSmart Self Storage, has applied for a specific use permit to allow a mini storage facility in a GC -MD (General Commercial -Multiple Family Dwelling) District at 4215 Dowlen Road/6475 Eastex Freeway located at Parkdale Mall, as described in Exhibit "A" and shown on Exhibit "B," attached hereto; and, WHEREAS, the Planning and Zoning Commission of the City of Beaumont considered the request and is recommending approval of a specific use permit to allow a mini storage facility in a GC -MD (General Commercial -Multiple Family Dwelling) District at 4215 Dowlen Road/6475 Eastex Freeway located at Parkdale Mall, subject to the following condition: ; and, • Provide instrument illustrating parking and access rights WHEREAS, the City Council is of the opinion that the issuance of such specific use permit to allow a mini storage 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, 0 Section 1. That a specific use permit to allow a mini storage facility in a GC -MD (General Commercial -Multiple Family Dwelling) District at 4215 Dowlen Road/6475 Eastex Freeway located at Parkdale Mall, as described in Exhibit "A and shown on Exhibit "B," is hereby granted to CubeSmart Self Storage, its legal representatives, successors and assigns, as shown on Exhibit "C," attached hereto and made a part hereof for all purposes, subject to the following condition: • Provide instrument illustrating parking and access rights. 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 24th day of July, 2018. - Mayor Becky Ames - LEGAL DESCRIPTION FOR ORDINANCE PURPOSES BEING a 1.6343 acre tract or parcel of land situated in the Frederick Bigner Survey, Abstract No. 1, Jefferson County, Texas and being out of and part of Lots 2 and 9. Block 1 of Parkdale Mall Addition, a subdivision of the City of Beaumont, Jefferson County, Texas, according to the plat thereof recorded in Volume 14, Pages 245 and 246, Map Records, Jefferson County, Texas and also being out of and part of Lots 2 and 9, Block 1 as amended is the Amended Plat of Parkdale Mall Addition, a subdivision of the City of Beaumont, Jefferson County, Texas, according to the plat thereof. as recorded in Clerk's File No. 2007006814, Official Public Records of Real Property, Jefferson County, Texas, said 1.6343 acre tract being more particularly described as follows: NOTE: All bearings are referenced to the most West line of the said Park -dale Mall Addition as NORTH 00°50'42" WEST as recorded in the above referenced Volume 14, Page 245 and 246, Plat Records, Jefferson County, Texas. COMMENCING at a concrete monument found for the Southwest corner of Lot 1, Block 1 of said Parkdale Mall Addition and said corner also being in the North right-of-way line of Dowlen Road; THENCE NORTH 00050'42" WEST, along and with the West line of said Parkdale Mall Addition, for a distance of 1,214.27 feet to a point; THENCE NORTH 89°09'18" EAST, over and across Lot 2 of said Amended Plat of Parkdale Mall Addition, for a distance of 155.56 feet to the POINT OF BEGINNING and the most Westerly corner of the tract herein described; THENCE NORTH 28014'05" EAST, over and across Lot 2 and Lot 9 of said Amended Plat of Parkdale Mall Addition, for a distance of 299.83 feet to a point for the most Northerly corner of the tract herein described; THENCE SOUTH 61045'55 " EAST, continuing over and across Lot 2 and Lot 9 of said Amended Plat of Parkdale Mall Addition, for a distance of 237.43 feet to a point for the most Easterly corner of the tract herein described; THENCE SOUTH 28014'05" WEST, continuing over and across Lot 2 and Lot 9 of said Amended Plat of Parkdale Mall Addition, for a distance of 299.83 feet to a point for the most Southerly corner of the tract herein described; THENCE NORTH 61045'55" WEST, over and across Lot 2 of said Amended Plat of Parkdale Mall Addition, for a distance of 237.43 feet to the POINT OF BEGINNING and containing 1.6343 Acres, more or less. - EXHIBIT "A" File 2356-P: Request for a Specific Use Permit to allow a mini storage facility in a GC -MD General Commercial -Multiple Family Dwelling) District. Applicant: Stephen West on behalf of Mark W. Whiteley and Associates Location: Parkdale Mall, near 6475 Eastex Freeway 0 500 1,000 I I Feet Lit;, r r r r 4 } �� c> ` C MD Rwt c r r EXHIBIT "B" r� i LIGHT r •y';� `ot 9',pOO�1 POLE vi t ' pts 20' FRONT d ro o Qp9oa SETBACK pop�ao��� LOT. UNE � — — — -- — — .o �• . O ,``\` / 1�` SSS , �,: LIGHT a Vpt \ �p02y6' - q. �.. i \ -_ POLE Lo— �� �s. A( ~i/ ARIA PPw1 6343 ACRES; ' sEreACK GUBES_MART. _ SDs y!• i - 50;400 S'F PER.FLOOR v ' 13' fi00;800i S:F ,TbTAL ?� (1 S F' 005 �OFFICE) - / TWO;'Cb - S - AREA cv- 40 t �` 15 REAR {JI � . SETBACK r � y' %. ` m SSEMA�C // PROPOSED CUBESMART SITE PLAN PARKDALE MALE 1.6343 ACRE TRACT r.+` 4 v FREDERICK BIGNER SURVEY n5 ABSTRACT NO. 1 BEAUMONT �� w JEFFERSON COUNTY, TEXAS s a : MEW HICKORY CAPITAL GROUP tfr l7 �. OR BY. sew scv.e ISH No.: 4 v c ,7���iti MR. Aa0 sola 1 50' 1 of 1 J „f •. r ik�6,� f4 ' JOB Na FILE W:\2018\!a-Bso\ REV. � '' t $+1 •exl�r7i�r'Z,r � 18-840 18—B40 SUP Site PIan,DWC T �i MARK W. W111T1••iM AND ASSOCIATES a r +� INCORPORATED xr.. a44 j`�`. r r • " '�rv:• •a COH9UL'IING SNGIIiE�S. -`n°'4T SURVEYORS, AND PLANNERS ?'fr' T.B.P.LS. P[RM NO. 10106700 m T,B,P$. FIRM NO. F-2633 P. 0. --W rr 3250 L37®C /HR. BEA01(O 409 �17R6-6iV2 >�109=13" EXHIBIT "C" 5 July 24, 2018 Consider granting a new solid waste transportation service agreement with DSC Carting, LLC BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Todd Simoneaux, Chief Financial Officer !� MEETING DATE: July 24, 2018 REQUESTED ACTION: Council consider granting a new solid waste transportation service . Agreement with DSC Carting, LLC. BACKGROUND According to City Ordinance 22.05.101, no person shall engage in the business of collecting, hauling or transporting, in the city, any garbage, waste or refuse, without first having obtained a franchise from the City. Seven (7) entities currently have nonexclusive franchise agreements with the City and are doing business in this area. DSC Carting, LLC dba Deep South Containers has requested that the City Council grant the company such franchise agreement. DSC Carting, LLC serves Southwest Louisiana and Southeast Texas with its Beaumont office located at 1440 Spindletop Avenue. The requested franchise is generally the same as those previously approved by City Council. It provides for a term of one year from its effective date and a franchise fee of seven percent (7%) of gross revenues received for service. It also requires the entity to indemnify the City of Beaumont and provide insurance which names the City of Beaumont as a named insured. According to City Charter, franchise ordinances require readings at three (3) separate Council meetings, with the third not less than thirty (30) days from the first reading. The ordinance does not take effect until sixty (60) days after its adoption on the third and final reading. After passage, the ordinance must be published for four (4) consecutive weeks in a newspaper of general circulation in the city. All publication costs are paid by the franchisee. Attached is a copy of the franchise agreement for your review. This is the second reading. FUNDING SOURCE A franchise fee of seven percent (7%) of gross receipts will be paid to the City. RECOMMENDATION Approval of resolution. ORDINANCE NO. ENTITLED AN ORDINANCE GRANTING A FRANCHISE FOR SOLID WASTE COLLECTION AND TRANSPORTATION SERVICES TO DSC CARTING, LLC. WHEREAS, DSC Carting, LLC (the "Company") has requested a franchise to operate a solid waste collection and transportation service within the City of Beaumont, Texas (the "City"); and, WHEREAS, the City desires to grant such franchise; NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. Grant of Authority There is hereby granted by the City to DSC Carting, LLC the right and privilege to operate and maintain within the City a solid waste collection and transportation service (the "service"). For purposes of this franchise, the term "solid waste collection and transportation service" shall mean the business of collection, hauling or transporting any garbage, rubbish, waste or refuse from locations in the City, and the disposal of such material in accordance with law. The franchise granted herein is nonexclusive, and franchises may be granted to other persons for service: Section 2. Term of Franchise The franchise herein granted shall take effect and be in force sixty (60) days after the final passage hereof as required by law and upon the filing by the Company of an acceptance with the City Clerk, and shall continue in force and effect until one (1) year thereafter. The acceptance required hereunder must be in writing and filed with the City Clerk within thirty (30) days after final passage hereof. Upon the expiration of the term hereof, this franchise shall continue on a month-to-month basis until terminated by either party or extended or replaced. Section 3. Rates The Company shall establish rates for service which are uniform as to customer class based upon such criteria as type of waste, container size, frequency of collection, and distance of travel. The Company shall file its initial rates for service with its acceptance as required herein. Such rates shall, unless modified by the City, be effective with the effective date of this franchise. Any modifications in rates by the Company shall first be filed with the City Clerk and City Attorney and shall be effective thirty (30) days after such filing unless modified by City as provided herein. Nothing herein shall prevent the Company from charging uniform rates which are less than the rates filed with the City. The City shall have the right to establish rates charged by Company for services performed hereunder, after notice and hearing. Rates established by the City shall be sufficient to allow the Company an opportunity to earn a reasonable return on its invested capital used in providing such services. Section 4. Franchise Fee The Company shall pay to the City, on or before the fifteenth (15th) day of each month, a sum equal to SEVEN PERCENT (7%) of the gross revenues received for service in the previous month as payment for the use of the City's streets, alleys and 0 rights-of-way. The payments herein provided do not relieve Company from the payment of ad valorem taxes, special assessments, charges, or other fees applicable to the public generally. City shall have the right, at any reasonable time, to audit the books and records of the Company and the Company is hereby required to make such books and records available at the request of City. Upon written acceptance, the Company shall furnish to the City a listing of customers served, including customer name, address, frequency of pick-up, size of container or type of service and charge for same. The following reports shall be filed monthly with the City Manager or his designee along with the street rental payment required herein: 1. Upon written request and within thirty (30) days of receipt, the Company shall furnish to the City adequate reconciliation of reported revenues which would include: a listing of names and addresses of all customers served, frequency of pick-up, size of container or type of service and charge for same, and date service was initiated and discontinued. Section 5. Indemnity Insurance and Bond The Company shall at all times during the effective period of this franchise, carry liability insurance as provided herein. The Company covenants and agrees at all times to indemnify and save harmless the City, its officers, agents, employees, and any member of the public against any and all injuries, damages, claims, causes of action or loss of compensation arising or resulting from Company's operations under this franchise, whether or not such loss was caused by the negligence of the City, its agents, servants or employees. Upon notice given Company by City, Company must defend at its own expense, any action or suit brought against the City because of any work or other acts done by the Company under the terms of this franchise. Counsel chosen by Company to defend City must be satisfactory to City. Company will pay any final judgment which might be obtained against City by reason of any work or acts done hereunder by Company, its agents, servants or employees, and Company will pay all damages occurring to any person or property, public or private, resulting from any fault or neglect on its part or on the part of its agents or employees. The Company agrees to carry insurance as follows: 1) Workers' Compensation The Company shall furnish the City Clerk a certificate of insurance indicating workers' compensation coverage as required by the State of Texas. 2) Automobile Liability Insurance The Company shall carry, in its own name, a policy in comprehensive form to insure the automobile liability of its operation with limits of not less than Five Hundred Thousand Dollars ($500,000.00) per occurrence for bodily injury and, in addition, not less than One Hundred Thousand Dollars ($100,000.00) property damage. This policy shall name City as an additional insured and provide for thirty (30) days notice to City prior to cancellation. A certificate of insurance certifying such coverage shall be filed with the City Clerk before the effective date of this franchise, and it shall be maintained in force during the term of the franchise. 3) General Liability The Company shall carry, in its own name, a comprehensive liability insurance policy including contractual coverage for operations other than automobile with limits of not less than Five Hundred Thousand Dollars ($500,000.00) per occurrence for bodily injury, and One Hundred Thousand Dollars ($100,00.00) per occurrence for property damage. The policy shall -name the City as named insured and provide for thirty (30) days notice to City prior to cancellation. A certificate of insurance certifying such coverage shall be filed with the City Clerk before the effective date of this franchise and maintained in force during the term of the franchise. Section 6. Compliance with Laws and Ordinances The Company shall, at all times during the term of this franchise, be subject to all lawful exercise of police power by the City and to such reasonable regulations as the City shall hereafter by ordinance provide. In addition, the Company will observe all city, county, state, and federal laws regulating the collection and disposal of solid waste. Section 7. Service Standard and Equipment The Company shall maintain and operate its collection system and equipment in good order to render efficient service subject to the terms of this franchise. All vehicles, containers, and equipment used for the collection and transportation of solid waste shall be constructed, operated and maintained to prevent loss of liquid or solid waste material and to minimize health and safety hazards to solid waste management personnel and the public. Such vehicles, containers, and equipment used shall be maintained in a clean, sanitary condition and free from odors at all times. All vehicles and equipment shall comply with federal, state, and local regulations. Collection vehicles and all bulk, commercial, and roll -off type containers shall be painted and numbered and shall have the Company's name and telephone number painted in letters of a contrasting color. Such containers may not be placed on any street or right-of-way within the City. All collections shall be made directly from the premises of the customer and any emptied containers returned directly to such premises. Section 8. Providing Services The Company shall provide service to any person, firm, corporation, association or entity inside the City of Beaumont who requests such service and is not delinquent in the payment of collection charges due the Company. Section 9. Office The Company shall establish and maintain an office with telephone service and shall keep said office open for business from 9:00 A.M. to 5:00 P.M. each and every day except Saturday, Sunday and holidays. Section 10. Interruption of Service In the event that service shall be interrupted for any reason for more than forty- eight (48) hours, the City shall have the right to make temporary independent arrangements for the purposes of continuing this necessary service to its residents in order to provide or protect the public health and safety. If the interruption in service mentioned herein continues for a period of seventy-two (72) hours, then the City shall have the right to terminate the rights and privileges granted in this franchise. Section 11. Termination In the event that any provision of this franchise is violated by the Company, the City may serve written notice upon the Company of its intention to terminate this franchise. The notice shall contain the reasons for such intention to terminate the franchise. Unless within ten (10) days after mailing such notice by City to the Company, such violation shall cease, or satisfactorily arrangements for correction be made by Company, the City Council may, after a public hearing in which Company is provided an opportunity to present evidence concerning such violation, declare the franchise terminated and serve written notice upon the Company of the termination and the termination of the franchise shall be effective upon the mailing of such notice. Section 12. Transfer of Franchise Rights Franchise rights granted hereunder shall not be transferred to another without the approval of City. A single transfer or a series of transfers of Company's stock which constitute a transfer of a majority interest in Company is subject to the prior approval of City. Ccrfinn VA Notices Where written notices are provided for in this ordinance, same shall be sufficient to notify Company when provided by certified mail to: DSC Carting, LLC 1701 W. Willow Street Lafayette, LA 70583 Notice to City is sufficient if mailed by certified mail to: City Manager City of Beaumont P.O. Box 3827 Beaumont, TX 77704 Section 14. If any section, sentence, clause, paragraph or phrase of this ordinance, other than Section 4, is for any reason held to be invalid or illegal, such invalidity shall not affect the remaining portions of this ordinance. If Section 4 hereof is held to be invalid for any reason, the ordinance shall be immediately invalid. Section 15. It is agreed by City and Company that venue of any legal proceedings under this franchise agreement shall. be in Jefferson County, Texas. Section 16. Vehicle Permits Twenty (20) days prior to the effective date of this franchise, the Company shall furnish to the City a list of all vehicles to be providing solid waste collection and disposal service under this franchise. Such list shall include state license number, year, make, model and manufacturer's rated capacity for each vehicle. Vehicles not having a valid City of Beaumont landfill permit will not be allowed to operate under this agreement nor utilize the City refuse disposal facility. If at any time a vehicle or equipment is found to be in noncompliance with Section 7 of this franchise, the Company will be notified of its violation and said equipment or vehicle shall be removed from service upon receipt of written notification. Failure to comply with this provision or to falsify the information concerning the location of the service of the vehicle shall be a material breach of this franchise. Should City decide not to terminate this franchise because of any violation of this Section, Company's disposal fee at City's landfill shall be doubled for all of Company's vehicles for a period of sixty (60) days. 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 on first reading this the 17th day of July, 2018. - Mayor Becky Ames - 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 on second reading this the 24th day of July, 2018. - Mayor Becky Ames - 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 on final reading this the day of ACCEPTANCE: DSC Carting, LLC (Company Owner/Representative) 2018. - Mayor Becky Ames - 0 July 24, 2018 Consider a resolution approving the settlement of pending -litigation between the City of Beaumont and APAC-Texas, Inc. and Oldcastle Materials Texas, Inc. (Cause Nos. A-201103 and E-200934) BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tyrone E. Cooper, City Attorney MEETING DATE: July 24, 2018 REQUESTED ACTION: Council consider a resolution approving the settlement of pending litigation between the City of Beaumont and APAC-Texas, Inc. and Oldcastle Materials Texas, Inc. (Cause Nos. A-201103 and E- 200934). BACKGROUND Oldcastle Materials Texas, Inc. filed suit against, among others, City of Beaumont and Dr. Joe Majdalani, as Director of Public Works, seeking, among other things, declaratory and injunctive relief. City of Beaumont subsequently brought suit against APAC-Texas, Inc. alleging that APAC had provided sub -standard asphalt on various City projects. An agreement has been reached to resolve all disputes between APAC/OldCastle and the City and its representatives in these cases. The terms of the settlement are set forth in the resolution attached to the agenda packet and adopted herein by reference. FUNDING SOURCE Not applicable. The City will not be paying any money to APAC or Oldcastle. RECOMMENDATION Approval of resolution. RESOLUTION NO. WHEREAS, the lawsuits styled City of Beaumont vs. APAC-Texas. Inc., Cause No. A-201103, and In Re: OldCastle Material Texas, Inc. D/B/A Gulf Coast, Cause No. E-200934, were discussed in Executive Session properly called and held Tuesday, July 24, 2018; and, WHEREAS, the City Attorney is requesting authority to settle the matters with APAC-Texas, Inc. and OldCastle Materials Texas, Inc.; and, WHEREAS, the City Council has considered the merits of the request and is of the opinion that it is in the best interest of the City to settle the lawsuits; 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 claims of APAC-Texas, Inc. and OldCastle Materials Texas, Inc. in the lawsuits styled Cily of Beaumont v. APAC-Texas, Inc., Cause No. A-201103, and In Re: OldCastle Materials Texas, Inc. DIBIA Gulf Coast, Cause No. E-200934, under' the following terms (to be included in a formal release agreement): 1. Oldcastle, as of the date of the settlement shall be deemed to be a responsible bidder, on both material and construction bids, or any other matter on which Oldcastle may submit a competitive bid; 2. The City, from time to time, anticipates that it may procure goods and services from Oldcastle, in compliance with competitive bidding laws, and Oldcastle wishes to provide goods and services to the City. Oldcastle and the City have engaged in numerous business transactions for decades, and through the course of those transactions have established various obligations, debts, credits, and accounts against one another. The City and Oldcastle agree that all such obligations, debts, credits, and accounts, regardless of whether on materials sale, construction, vendor sales, or otherwise are hereby resolved and extinguished and replaced by a credit of 25% to any materials sales invoice Oldcastle submits to the City for any future materials sales, up to a total credit of $125,000.00. 3. Oldcastle and the City both deny liability or any wrongdoing, and mutually and amicably agree that all lawsuits, claims, obligations, debts, credits, and accounts against one another are resolved and reconciled and will be dismissed with prejudice, other than as set forth in No. 2 above. BE IT FURTHER RESOLVED THAT the lawsuits will be mutually dismissed between the City of Beaumont and the APAC entities; and, BE IT ALSO RESOLVED THAT the City Manager be, and is hereby, authorized to execute all documents related to dismissal of the lawsuits. 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 24th day of July, 2018. - Mayor Becky Ames -