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Home My WebLink AboutPACKET NOV 28 2000 IL City of Beaumont REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS NOVEMBER 28, 2000 1:30 P.M. CONSENT AGENDA * Approval of minutes collllrIllalloll of colllllllu[� appoill:ia�ilis 303 A) Authorize the payment of Fiscal Year 2001 South East Texas Regional Planning Commission membership dues in the amount of 520,004.48 j6 q B) Authorize the Chief of Police and the City Manager to execute all documents necessary to apply for and accept a Violence Against Women Act grant to fund the case specialist position at the Family Violence Task Force CONSENT AGENDA NOVEMBER 28, 2000 * Committee Appointments Ann Rothkamm would be reappointed to the Convention and Tourism Advisory Committee. The current term will expire August 16, 2001. (Mayor David Moore) Bonnie Cokinos would be reappointed to the Convention and Tourism Advisory Committee. The current term will expire November 1, 2001. (Mayor David Moore) Dr. Richard LeBlanc would be appointed Chairman of the Convention and Tourism Advisory Committee. The term will commence November 28, 2000 and expire November 28, 2001. (Mayor David Moore) George Crawford would be appointed Vice-Chairman of the Convention and Tourism Advisory Committee. The term will commence November 28, 2000 and expire November 28, 2001. (Mayor David Moore) Reverend R. C. Carrington would be appointed to the Martin Luther King, Jr. Parkway Commission. The term will commence November 28, 2000 and expire November 27, 2002. (Mayor David Moore) Reverend David Robinson would be appointed to the Martin Luther King, Jr. Parkway Commission. The term will commence November 28, 2000 and expire November 27, 2002. (Mayor David Moore) Beverly Hatcher would be appointed Chairman of the Martin Luther King, Jr. Parkway Commission. The term will commence November 28, 2000 and expire November 28, 2001. (Mayor David Moore) A) Authorize the payment of Fiscal Year 2001 South East Texas Regional Planning Commission membership dues in the amount of$20,004.48 Administration recommends approval of the payment of$20,004.48 for membership dues. The City of Beaumont and other governmental entities in Southeast Texas pay membership dues to the South East Texas Regional Planning Commission on an annual basis to pay for such programs as the Criminal Justice Program, Area Agency on Aging Program and Retired Seniors Volunteer Program. A copy of the staff memorandum is attached for your review. B) Authorize the Chief of Police and the City Manager to execute all documents necessary to apply for and accept a Violence Against Women Act grant to fund the case specialist position at the Family Violence Task Force The Violence Against Women Act grant partially funds the personnel costs for the case specialist position at the Family Violence Task Force. This is the fifth year of funding for the position. The case specialist position assists the personnel who investigate family violence by performing clerical and receptionist functions thus allowing the investigators to concentrate more time on conducting investigations. Administration recommends approval of this item. A copy of the staff memorandum is attached for your review. A City of Beaumont ~ Council Agenda Item TO: City Council FROM: Stephen J. Bonczek, City Manager PREPARED BY: Kyle Hayes, Executive Assistant to the City Manager MEETING DATE: November 28, 2000 AGENDA MEMO DATE: November 21, 2000 REQUESTED ACTION: Consider authorizing the payment of Fiscal Year 2001 South East Texas Regional Planning Commission membership dues in the amount of$20,004.48. RECOMMENDATION Administration recommends approval of the payment of$20,004.48 for membership dues for the South East Texas Regional Planning Commission. BACKGROUND The City of Beaumont and other governmental entities in Southeast Texas pay membership dues to the South East Texas Regional Planning Commission on an annual basis to pay for such programs as the Criminal Justice Program, Area Agency on Aging Program and Retired Seniors Volunteer Program. BUDGETARY IMPACT Funds are budgeted for this expenditure in the FY 2001 budget. The memberhip dues have not changed from last year's amount. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager and Executive Assistant to the City Manager. RECOMMENDED MOTION Approve/Deny authorizing the payment of Fiscal Year 2001 Southeast Texas Regional Planning Commission membership dues in the amount of$20,004.48. B City of Beaumont :UU2 Council Agenda Item � K TO: City Council FROM: Stephen J. Bonczek, City Manager PREPARED: Tom Scofield, Chief of Police MEETING DATE: November 28, 2000 AGENDA MEMO DATE: November 20, 2000 REQUESTED ACTION: Authorize the Chief of Police and the City Manager to execute all documents necessary to apply for and accept a Violence Against Women Act grant to fund the case specialist position at the Family Violence Task Force. RECOMMENDATION Authorize the Chief of Police and the City Manager to execute all documents necessary to apply for and accept a Violence Against Women Act grant to fund the case specialist position at the Family Violence Task Force. BACKGROUND The Violence Against Women Act grant partially funds the personnel costs for the case specialist position at the Family Violence Task Force. This is the fifth year of funding for the position. The case specialist position assists the personnel who investigate family violence by performing clerical and receptionist functions thus allowing the investigators to concentrate more time on conducting investigations. BUDGETARYIMPACT The grant funds 75% of the total project costs. The grant will add $22,072 to the budget. The city will be responsible for a cash match of$ 9,699. The remainder of the match( $1337) is an in-kind match provided by utilizing volunteers to perform additional receptionist duties at the Family Violence Task Force. PREVIOUS ACTION Funding has been applied for and received through the Violence Against Women Act for the past four years. This grant application is for the fifth year of funding. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager and the Chief of Police. RECOMMENDED MOTION To Authorize the Chief of Police and the City Manager to execute all documents necessary to apply for and accept a Violence Against Women Act grant to fund the case specialist position at the Family Violence Task Force. 79~, Lid City of Beaumont REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS NOVEMBER 28, 2000 1:30 P.M. \C.FND A OPENING • Invocation Pledge Roll Call • Presentations and Recognition • Public Comment: Persons may speak on items listed on the Consent Agenda • Consent Agenda GENERAL BUSINESS 1. Consider a request to amend Section 30-31, Landscaping and Screening Requirements of the City of Beaumont Zoning Ordinance 2. Consider a request for a zone change from NC (Neighborhood Commercial) and RS (Residential Single Family Dwelling) to GC-MD-2 (General Commercial- Multiple Family Dwelling-2)District for the property at 6050 Concord Road �3. Consider a request for a specific use permit to allow a day care center in an RM-H (Residential Multiple Family Dwelling-Highest Density) District at 1 SS5 Terrell Avenue 4. Consider a request for a specific use permit to allow the conversion of a ;F residential structure into an insurance office and photography studio in an RCR(Residential Conservation and Revitalization) District at 2539 Liberty Avenue 5. Consider a request for a specific use permit to allow the construction of a fv one-story 800 square foot apartment behind an existing residence in an RS (Residential Single Family Dwelling) District at 5620 Kohler Avenue 6. Consider a request for a specific use permit to allow the operation of a rental hall for weddings, receptions, parties, family and class reunions and other celebratory assemblies in an RCR (Residential Conservation and Revitalization) District at 1685 Park Street COMMENTS • Councilmembers comment on various matters • Public Comment(Persons are limited to 3 minutes) EXECUTIVE SESSION * Consider matters related to contemplated or pending litigation in accordance with Section 551.071 of the Government Code: Buncy Seago, Sr. and Audrey Seago, Individually and as Heirs of the Estate of Deanene Linette Searo v. Patrick Barton. the City_ of Beaumont and Williams Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact Kyle Hayes at 880-3716 a day prior to the meeting. 1 November 28, 2000 Consider a request to amend Section 30-31, Landscaping and Screening Requirements of the City of Beaumont Zoning Ordinance Cit y of Beaumont ... .. qw_ Council Agenda Item TO: City Council FROM: Stephen J. Bonczek, City Manager PREPARED BY: Stephen C. Richardson, Planning Manager MEETING DATE: November 28. , 1 AGENDA MEMO DATE: November 21, 2000 REQUESTED ACTION: Council consider a request to amend Section 30-31,Landscaping and Screening Requirements of the City of Beaumont Zoning Ordinance. RECOMMENDATION The Administration recommends approval of the revisions to the landscaping and screening ordinance to clarify and increase standards for new and major redevelopment projects. BACKGROUND In early 2000, the Planning Division and Beautify Beaumont, Inc. began a review of the existing landscaping ordinance for possible improvements. While the revised ordinance does require things that the current ordinance does not,one of the major purposes of the revisions is to make the landscape ordinance easier to understand by both the property owner and staff. The existing ordinance is hard to understand and does little to encourage creativity in landscaping. The major recommended changes include: 1. Landscape Plan Required- A landscape plan is required for all building permit applications for new building construction. This landscape plan would require the showing of all existing vegetation to remain for credit purposes only. 2. Irrigation Required - An automatic irrigation system would be required for new buildings greater than 3,000 square feet in area. For buildings 3,000 square feet or less, hose bibs may be used for irrigation purposes. 3. Class A and Class B Trees - Lists of recommended Class A and Class B trees have been included. Class A trees reach a mature height of 30+ feet. Class B trees reach a mature height of less than 30 feet. The ordinance spells out what occasions these two classes of trees should be used. 4. Dumpsters - DiU77rs'tC:"� i.11nst h,- sct back Cron'. 11',. property 11110 Ito l�Ss tl)�I:- 25 (l-C't or be con ipictel\ screened by landscaping and solid, opaque fencing on a ininimuI i of three sides. No container shall be allowed on city right-of-way. 5. Off-street parking landscaping - The existing ordinance requires landscape areas as percentages of parking lots of certain sizes. Very confusing. The revised ordinance says parking lots of greater than 20 spaces and less than 100 spaces shall have a landscape island or median per every 20 parking spaces. Over 100 spaces - one per ten parking spaces. 6. Parking lot perimeter landscaping- The revised ordinance allows for more creativity. The use of"graphics" shows various options. The required three foot high screen shall be a minimum of two feet tall when planted. 7. Tree Preservation Plan - A tree preservation plan is included to encourage the preservation of existing trees. Depending upon caliper of the saved tree, the trade-off is from 1 to 1 to 3 to 1. 8. Request for Modification- Any request for modification to the terms of this ordinance must be submitted in writing and be responded to in writing by the Development Services Manager. 9. Letter of Credit - A letter of credit may be utilized when the landscaping improvements have not been completed prior to the issuance of a certificate of occupancy. There has also been significant citizen and business community involvement in the revision process of this ordinance. The process started in January 2000 with the Planning Division and Beautify Beaumont of the existing ordinance to identify possible improvements. Beautify Beaumont, which includes several city staff members, met with various landscape company representatives to solicit their opinions on the existing ordinance. For the first four months of 2000, a committee consisting of the Planning Division Manager, Development Services Manager, Parks Division Manager, and Chairperson of Beautify Beaumont researched other city's landscape ordinances and developed a draft ordinance. In May 2000, a Landscape Ordinance Review committee was created to meet on May 24, 2000 to discuss proposed changes. The Review Committee members included representatives from various lard-;cape a11d commercial'resldemia' Developers. There was lilillted attelldallce at this meeting other than staff or Beautif% Beaumont members. A second meeting of the Landscape Ordinance Review Committee was scheduled on August 30. Additional members were added to the committee from both the business and development communities. There was again very minimal involvement from the business and development community. On November 2, another committee meeting was held to discuss the proposed ordinance which did have members of the development community in attendance to offer comments and suggestions on the ordinance. This .vas done prior to it going to a workshop with the Planning Commission on November 6 and the subsequent joint public hearing on November 20, 2000. There was substantial changes to the ordinance in response to recommendations and suggestions from the business and development representatives. BUDGETARY IMPACT None. PREVIOUS ACTION At a joint Public Hearing with City Council held November 20, 2000, the Planning Commission voted 5-0 to approve the request to amend Section 30-31,Landscaping and Screening Requirements of the City of Beaumont Zoning Ordinance as recommended. SUBSEQUENT ACTION None. RECOMMENDED BY Planning Commission, City Manager and the Planning Manager. RECOMMENDED MOTION Approve/Deny a request to amend Section 30-31, Landscaping and Screening Requirements of the City of Beaumont Zoning Ordinance as recommended. ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING CHAPTER 30, SECTION 30-31, LANDSCAPING AND SCREENING REQUIREMENTS, OF THE CODE OF ORDINANCES OF THE CITY OF BEAUMONT; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL; AND PROVIDING A PENALTY. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. THAT Chapter 30, Section 30-31, Landscaping and Screening Requirements, of the Code of Ordinances of the City of Beaumont be and the same is hereby amended to read as follows: G\CG ORDINANDAMEND130-31.AMD Sec. 30-31. Landscaping and Screening Requirements. (a) Purpose: The provisions of this section for the installation and maintenance of landscaping and screening are intended to protect the character and stability of residential, commercial, institutional and industrial areas, to conserve the value of land and buildings of surrounding properties and neighborhoods, to enhance the aesthetic and visual image of the community, to encourage the preservation of large trees which once removed can be replaced only after generations, and to assist with clean air. In no case shall these provisions restrict ADA requirements. (b) Landscape Plan Required: All building permit applications for new building construction shall be accompanied by two (2)blueline or blackline prints of the Landscape Plan to be approved by Development Services before issuance of the building pernut. The Landscape Plan shall contain sufficient detail to show the following: 1. The date, scale, north arrow and names and address and phone numbers of each property owner and person preparing the plans. 2. The footprint of all existing and proposed structures. 3. Remaining and/or proposed site elements such as power poles, fences, walls, drainage swales, easements, sidewalks, parking lot layout, pedestrian walkways, and other such elements. 4. A schedule identifying name, size, number, and location of all landscape elements. 5. Name, location and size of adsting trees, and type and location of other vegetation proposed to remain for credit purposes. 6. The size and location of the parking lot and the number of spaces, and how the owner proposes to address the interior landscaping requiremeat. 7. Such other information as may be reasonably necessary to administer and enforce the provisions of this ordinance. 8. Drawn at a scale of 1" = 50'or greater. (c) Irrigation Required 1. All buildings greater than 3000 sq. ft. shall require an automatic irrigation system sufficient to provide complete coverage of required screening landscaped areas. 2. An irrigation system shall be installed and operational prior to issuance of a Certificate of Occupancy or final building inspection. 3. State law requires installation by licensed irrigators. 4. Irrigation systems shall be maintained in good and operating condition. 5. For buildings 3000 sq. ft. or less, hose bibs may be used for irrigation purposes. (d) Certificate of Occupancy No Certificate of Occupancy for new construction shall be issued or final approval of parking lot expansion made unless complying with terms and conditions required herein. (e) Definitions: 1. Berm: Landscaped earthen hill of three feet(T)height or greater. �srt •�• 2. Caliper: The measure of the diameter of a tree at eighteen inches (18") above grade. Class A Trees must be two inches(2")caliper or greater. Class B Trees if multi-trunked, must have a minimum of three(3) trunks of one inch(1") caliper each. 3. Class A Tree: A tree with a mature height of 30 feet or more. See recommended list. 4. Class B Tree: A tree with a mature height of less than 30 feet. See recommended list. 5. Critical Root Zone: A circular region measured outward from the tree trunk to the drip line representing the area of roots that must be maintained or protected for the tree's survival. 6. Drip Line: A vertical line extending from the outermost edge of the tree canopy or shrub branch to the ground. i t 7. Easement: The legal grant of right-of-use to an area of designated private property, utilized by public corporations (states, municipalities) and also made to companies providing public services such as gas, electricity, and telephone. 8. Island: A curbed landscaped area in a parking lot that is surrounded on all sides by parking spaces. 15t.IkNO 9. Landscaped: Shall consist of any combination of turf/grasstground cover, shrubs, and trees. It must be installed in a sound manner and in accordance with accepted standards of the nursery industry. 10. Median: A curbed landscaped area in a parking lot that separates parking aisles. oil . . i►�11�.Q t�►.t� 11. Open Space Buffer Planting Strip: The area between single-family residential and any other zoned property. This strip is to include required trees. 12. Planting Strip: The area between the curb and sidewalk, two curbs, a curb and fence, or a sidewalk and fence. 13. Peninsula: A curbed landscaped area that protrudes into parking aisles and adjoins other non-parking open space. 14. Public Right-of-Way: The entire strip of land lying between the property line and a street or thoroughfare, alley, crosswalk, or easement. 15. Shrub: A woody plant of low or medium height, usually multi- stemmed. See recommended list for three foot high hedge. 16. Vehicular Use Area: The total area of all the parking spaces and drives serving the parking area. (f) Perimeter Landscaping and Screening: 1. When a commercial or industrial use is established on a lot or premises located adjacent to any residential zoning district, or when any multiple-family dwelling use is established on a lot or premises adjacent to any property located in a single-family residential zoning district, a ten(10)foot width of landscaping open-space buffer strip shall be installed and maintained by the owner, developer or operator of the commercial or industrial property between it and the adjacent residentially zoned property. 2. In an open space buffer planting strip required under the terms of this section, a minimum of one(1)Class A tree or two(2) Class B trees shall be planted and maintained for each twenty-five(25) lineal feet or portion thereof of said open space buffer strip. The required trees may be planted anywhere within the buffer strip with a minimum of ten (10) feet apart for Class A trees and a minimum of five(5) feet apart for Class B trees. Refer to definitions on tree size. h�L 16Y. 3. In addition, are eight-foot iugh opaque fence or wall sh a'l be ere:-zed and maintained along the property line to provide visual screening. The fence or wall shall be masonry or a wood diagonal, horizontal or vertical stockade type privacy fence, although the framing may be metal. 4. In lieu of the fence, a thirty-foot(30)wide landscape planted buffer for the purpose of screening, may be provided along the property line. 5. For a thirty(30)foot wide landscape planted buffer, one(1) Class A tree or two (2)Class B trees shall be planted and maintained for each ten(10) lineal feet of buffer. The required trees may be planted anywhere within the buffer strip with a minimum of twenty (20)feet apart for Class A trees and a minimum of ten(10)feet apart for Class B trees. Refer to definitions on tree size. To' n 6. The provisions of this perimeter landscaping and screening shall not apply where districts are separated by a public street. 7. When a Specific Use Permit is required, the landscape buffering and fencing required by this section may be modified or eliminated as a condition of a Specific Use Permit. (g) Dumpster and Immobile Trash Containers Any fixed or otherwise immobile trash container must be set back from the property line no less then twenty-five(25)feet or be completely screened from view from any street via landscaping and solid, opaque fencing on a minimum of three(3) sides. No such container shall be allowed on city right-of-way. (h) Landscaping of Off-Street Parking '. Is!and, Median and/or Peninsula Requirements: a) Any parking lot or portions thereof which is to contain twenty(20) or more parkng spaces shall provide permanently landscaped areas consisting of islands; peninsulas, or medians within the parking area. The required landscaped island, peninsula, or median shall be provided as follows: (1) Sites having less than 100 parking spaces: one (1) landscaped island, peninsula, or median per twenty (20)parking spaces is required. (2) Sites having more than 100 parking spaces: one(1) landscaped island, peninsula, or median per ten(10) parking spaces is required. (3) The landscaped island or peninsula located within the parking spaces shall be no less than nine(9)feet wide or if a landscaped median shall be no less than six(6)feet wide. ItA Id I f %3 • (4) Each island or peninsula required herein shall at minimum contain one(1)Class A tree or two (2) Class B trees. (5) Each median required herein shall at minimum contain one(1) Class A tree or two (2) Class B trees for each twenty-five(25)linear feet of median. (6) All such landscaped areas shall be protected from vehicular access to these areas by curbing or other protective devices. No automobile or other type of vehicle shall be driven on any required landscaped space. 2. Perimeter Requirements: a) A landscaping edge or buffer shall be required along each side of a parking lot that faces town:ds a public right-of-way. b) The landscaping edge shall be no less than six(6)feet wide and may use up to three(3)feet of the public right-of-way, if unused and available at the time of permitting. v c) The landscaping edge shall be for the parking lot's entire length. d) The landscaping edge shall contain no less than one(1) Class A tree or two(2)Class B trees for each twenty-five (25)lineal feet or fraction thereof of the edge. e) The required trees may be located anywhere within the six (6) foot landscape edge with a minimum of ten(10)feet apart for Class A trees and a minimum of five(5)feet apart for Class B trees. Refer to definitions on tree size. f) If overhead lines are present along the perimeter landscape edge, Class B trees will be required. g) A screen no less than three(3)feet height comprised of a wall, solid fence, berm, or plant material or combination of shall be provided along the entire length of the landscaping edge or buffer, if any part of the landscaping edge is within ten (10) feet of the right-of-way. The screen does not have to be straight with the street or parking edge. ,•'~'_~ � 3'sccre� h) The three(3)foot high screen shall not be on the right-of-way. i) The three(3)foot high screen shall not be required across driveways. j) The three(3)foot high screen shall not be within three (3) feet of a driveway or restrict a driver's line of sight of approaching vehicles as determined by the City. k) The required three(3)foot high screen,when planted, shall be a minimum of two (2)feet in height. See list of suggested shrubs. 1) A minimum width of three feet(3)is required for the bed containing the planted screen. m) The required three(3)foot high screen, if planted shall be maintained at no less than three(3)feet high. 3. An increase in the size of an existing parking lot by twenty-five(25) percent in the number of parking spaces or more shall require the entire parking lot, in addition to the twenty-five (25) percent expansion, to be brought into compliance with this section. (i) Landscaping Bonus Provisions: 1. In order to receive credit for preserved trees, the owner must include as part of the Landscape Plan submittal, a Tree Preservation Plan which must be approved by Development Services. a) The Tree Preservation Plan shall include the name, location, size and condition of each tree to be preserved, along with an indication of proposed development features which may impact such trees, and any other pertinent information as required to evaluate existing and proposed conditions. b) The Tree Preservation Plan shall include a detailed description of all methods to be used to ensure the survival of all trees scheduled for preservation credit, including information that may be required to interpret the intent and methodology proposed. c) Any tree to be preserved for credit shall be protected from excavation and all construction by fencing off the area which constitutes the critical root zone as defined herein. d) All building material, dirt, debris and equipment shall be kept outside the fenced area. All standards of the Texas Department of Agriculture and Forestry, the Texas Forest Service and the International Society of Arboriculture. f) If a preserved tree dies within five years, it is the responsibility of the owner to replace that tree with the number of Class A trees credited on a matching basis within six months. 2. Credit may be received for preservation of existing trees as follows: a) For each existing.tree between two (2)to four(4) inches in caliper, a tree credit of one(1)for one(1)is allowed. b) For each existing tree between five(5) and twelve(12) inches in caliper, a tree credit of two(2)for one(1)is allowed. c) For each existing tree over twelve(12)inches in caliper, a tree credit of three(3)for one(1)is allowed. 3. The required minimum front building setback for development in GC-IVID, GC-MD-2 and GC-MD-3 Districts and for multi-family housing in RM-M and RM-H Districts shall be reduced to fifteen (15)feet when a landscaped planting strip is provided across the first ten(10)feet of the property adjacent to the street right-of-way. a) A turf area is to be located between the paved or curbed portion or sidewalk of the adjacent street right-of-way and the front property line. b) The landscape planting strip shall not be used for parking, but can be crossed with driveways providing direct ingress and egress to the development that have been approved by the Development Services Manager or his designee. c) This landscape planting strip shall by planted with one(1) Class A or two (2)Class B trees for each twenty-five(25) lineal feet or fraction thereof along the property line. The required trees may be planted anywhere within the landscape planting strip with a minimum of ten (10)feet apart for Class A trees and a minimum of five(5)feet apart for Class B trees. d) Three (3)feet of Public R_O.W. may be used with written permission from Development Services. (j) Installation and Maintenance: i. All landscaping shall 6e installed in accordance with accepted standards of the Texas Nurseryman's Manual. 2. All plant material shall be true to name, variety, and size and shall conform to all applicable provisions of the American Standards for Nursery Stock, latest edition. 3. The owner and/or tenant shall be responsible for installing and maintaining all landscaping according to standard horticultural practices. 4. All landscaping shall be maintained in a healthy, neat, and orderly condition. 5. No trees may be located within ten(10)feet of a fire hydrant. 6. No trees may be topped if the limbs are three(3)inches in diameter or greater. 7. Required three (3) foot hedges shall be maintained at a minimum of three(3)feet in height. 8. Dead, dying or damaged landscaping material shall be immediately replaced in conformance herein. 9. Irrigation systems must be in good and operating condition. 10. Failure to install required material or maintain landscaping within 60 days of notification shall be subject to legal action pursuant to Section 1-8 of the Codes of Ordinances of the City of Beaumont. 11. Any request for a modification to the terms of this ordinance must be submitted in writing and be responded to in writing by the Development Services Manager. (k) Letter of Credit: 1. A letter of credit may be utilized when the landscaping improvements required by Sec. 30-31 have not been completed prior to the issuance of a certificate of occupancy. 2. The applicant shall post cash or an irrevocable letter of credit payable to the City of Beaumont in an amount equal to 130% of the estimated cost. This amount shall include the City's cost of administering the completion of the improvement in the event the subdivider defaults as provided herein. The security shall be deposited with the City or in escrow with a bank at the option of the City. Such letter of credit shall comply with all statutory requirements and shall be satisfactory to the City Attorney as to form, sufficiency, and manner of execution as set forth in these regulations. The period within which required improvements must be completed shall be specified by the City Manager or his designee and shall be incorporated in the letter of credit. In those cases where a letter of credit has been posted and the required improvements have not been installed within the terms of the letter of credit, the government body may thereupon declare the letter of credit in default and require that all of the improvements be installed. TREES FOR BEAUMONT Class A Tree: Mature Height greater than 30 feet Branches begin at 6 feet Must be 2" or greater in Caliper when planted COMMON NAME LATINNAME American Beech Fagus grandifloia Arizona Ash Fraxinus velutina Bald Cypress Taxodium distichum Canary Island Date Palm Phoenix canariensis Cedar Elm Ulmus crassifloia Cherrybark Oak Quercus falcata var. pagodifolia Chinese Elms Ulmus parvifolia Green Ash Fraxinus pennsylvanica Hackberry Celtis laevigata Live Oak Quercus virginiana Sawthooth Oak Quercus Loblloly Pine Pinus Taeda Magnolia Magnolia grandiflora Nuttall Oak Quercus Nuttallii Pecan Carya illinoinensis Red Cedar Juniperus virginiana Red Maple Acer rubrum'Drummondii' Sabal Palms, Florida Fan Palm Sabal palmetto Shumard Oak Quercus Shumardii Slash Pine Pinus Elhottii Southern Red Oak Quercus falcata Spruce Pine Pinus glabra Swamp Chestnut Oak, Cow,Basket Quercus Michauxii Sycamore Platanus occidentails Washingtonia Palm Washingtonia robusta Water Oak Quercus nigra White Oak Quercus alba Willow Oak Quercus phellos Windmill Palm Tracycarpus fortunel Winged Elm Ulmus alata TREES FOR BEAUMONT Class B Tree: Less than 30'Mature Height 8'-10'height when planted COMMON NAME LATIN NAME American Holly Ilex opaca Cherry Laurel Prunus caroliniana Chinese Fan Palm Livistona chinensis Chinese Fringe Tree Chioanthus virginicus Chinese Pistachio Pistacia chinesis Crape Myrtle Lagerstroemia indica and hybrid Flowering Pear Pyrus Calleryana Bradford','Aristocrat' Savannah Holly Ilex attenuata'Savannah' Golden Rain Tree Koelreuteria bipinnata Japanese Evergreen Oak Quercus glauca Loquat Eriobotrya japonica Mexican Plum Prunus mexicana Parsley Hawthorn Crataegus Marshallii Pindo Palm Butia capitata Purple Leaf Plum prunus cerasifera River Birch Betula nigra Sweet Bay Magnolia Magnolia virginiana Texas Redbud Cercis canadensis Texensis' Tree Ligustrum Ligustrum lucidum Tulip Magnolia Magnolia soulangiana Vitex Vitex Agnus-castus Wax Ligustrum Tree Ligustrum japconicum Yaupon Tree Ilex vomitoria SHRUBS FOR SCREENING REQUIREMENTS Shrubs: Maintain 3'height or greater Must be evergreen COMMON NAME LATIN NAME Banana Shrub,Magnolia Fuscata Michelia Figo Blue Vase Juniper Juniperus chinensis 'Glauca' Bottlebrush Callistemon rigidus Burford Holly Ilex cornuta Burfordii' Camellia Sasanqua, upright Camellia Sasanqua Camellia • Camellia japonica Chinese Holly Ilex cornuta'Rotunda' Cleyera Ternstoremia gymnanthera Dwarf Burford Holly Ilex cornuta Surfordii Nana' Dv,ar J pa.__ e Hoi , 11ex crenata'Compacta' Dwarf Wax Myrtle Myrica pusilla Elaeagnus Elaeagnus pungens English Boxwood Buxus sempervirens Florida Jasmine Jasminum floridum Fringe Flower Loropetalum chinense Gardenia, Cape Jasmine Gardenia jasminoides Glossy Abelia Abelia grandiflora Indian Azalea Rhododendron indica Indian Hawthorn Raphiolepis indica Japanese Vibrunum Viburnum japonicum Japanese Yew Podocarpus macrophyllus Kumquat Fortunella japonica Nandina Nandina domestica Oleander Nerium Oleander Pineapple Guava Feijoa Sellowiana Pittosporum Pittosporum Tobira Pyracantha Pyracantha coccinea Red Tip Photinia Photinia glabra Sweet Olive Osmanthus fragrans Texas Sage Leucophyllum frutescens Variegated Pittosporum Pittosporum Tobira`Variegata' Variegated Privet Ligustrum sinense variegate Viburnum suspensum Viburnum suspensum Wax—leaf Ligustrum Ligustrum japonicum Wax Myrtle Myrica cerifera Section-2 That if any section, subsection, sentence, clause or phrase of this ordinance, or the application of same to a particular set of persons or circumstances, should for any reason be held to be invalid, such invalidity shall not affect the remaining portions of this ordinance, and to such end the various portions and provisions of this ordinance are declared to be severable. Section 3. All ordinances or parts of ordinances in conflict herewith, including conflicting rc, ,.cns ci the C,',v SUuGet. a,'e iepeaied to the extent of the conflict only. Section 4. That any person who violates any provision of this ordinance shall, upon conviction, be punished as provided in Section 1-8 of the Code of Ordinances of the City of Beaumont, Texas. PASSED BY THE CITY COUNCIL of the City of Beaumont this the day of , 2000. - Mayor- G AMORDI NANMAME ND\30-31.AM D 2 November 28, 2000 Consider a request for a zone change from NC (Neighborhood Commercial) and RS Residential Single Family Dwelling) to GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District for the property at 6050 Concord Road 7City" of Council Agenda Item TO: City Council FROM: Stephen J. Bonczek, City Manager PREPARED BY: Stephen C. Richardson, Planning Manager MEETING DATE: November 28, 2000 AGENDA MEMO DATE: November 21, 2000 REQUESTED ACTION: Council consider a request for a zone change from NC(Neighborhood Commercial) and RS (Residential Single Family Dwelling) to GC-MD-2 (General Commercial- Multiple Family Dwelling-2) District for the property at 6050 Concord Road. RECOMMENDATION The Administration recommends approval of the zone change to GC-MD-2 (General Commercial- Multiple Family Dwelling-2)District. This property lies within the Regional Center of the Eastex Freeway, Concord Road and Dowlen Road. BACKGROUND J. C. Modica wishes to build an 8,500 square foot retail tire store for Modica Brothers at 6050 Concord Road. The present NC zoning on the tract restricts structures to a maximum of 4,000 square feet. A very small part of this tract is zoned RS along the northeast property line. Mr. Modica feels that with the population growth and commercial expansion in north and west Beaumont, and with the future widening of Concord Road in mind in this "Regional Center" (Comprehensive Plan), that now is a good time for Modica Brothers to expand to serve customers in this part of Beaumont. Property next door to the southeast was rezoned to NC in 1995 for a vocational training school for plant safety personnel. There is also an engraving company on the school property. A one acre tract to the northeast on Concord at Garner was rezoned to NC in 1998 for a crafts and antiques store. BUDGETARY IMPACT None. PREVIOUS ACTION At a joint Public Hearing with City Council held November 20, 2000, the Planning Commission voted 5-0 to approve the zone change from NC (Neighborhood Commercial) and RS (Residential Single Family Dwelling) to GC-MD-2 (General Commercial-Multiple Family Dwelling-2) for the property at 6050 Concord Road. SUBSEQUENT ACTION None. RECOMMENDED BY Planning Commission, City Manager, Executive Assistant to City Manager/Economic Development Director and the Planning Manager. RECOMMENDED MOTION Approve/Deny a request for a zone change from NC (Neighborhood Commercial) and RS (Residential Single Family Dwelling)to GC-NFD (General Commercial-'Multiple Family Dwelling-?) for the property at 6050 Concord Road. ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING CHAPTER 30 OF THE CODE OF ORDINANCES OF BEAUMONT, TEXAS, AND IN PARTICULAR THE BOUNDARIES OF THE ZONING DISTRICTS, AS INDICATED UPON THE ZONING MAP OF BEAUMONT, TEXAS, BY CHANGING THE ZONING OF PROPERTY LOCATED AT 6050 CONCORD ROAD PRESENTLY ZONED NC (NEIGHBORHOOD COMMERCIAL) DISTRICT AND RS (RESIDENTIAL SINGLE FAMILY DWELLING) TO GC-MD-2 (GENERAL COMMERCIAL-MULTIPLE FAMILY DWELLING-2) DISTRICT, BEAUMONT, JEFFERSON COUNTY, TEXAS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That Chapter 30 of the Code of Ordinances of Beaumont, Texas, and in particular the boundaries of the zoning districts, as indicated upon the Zoning Map of the City of Beaumont, referred to in Section 30-513 thereof, is hereby amended by changing the zoning of property located at 6050 Concord, presently zoned NC (Neighborhood Commercial) and RS (Residential Single Family Dwelling) Districts to GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District, being Tax Tract No. 23, Plat D-23, F. Bigner Survey, Ab-1, Beaumont, Jefferson County, Texas, containing 1.055 acres, more or less, attached hereto and made a part hereof for all purposes, and the official zoning map of the City of Beaumont is hereby amended to reflect such changes. Section 2. That, in all other respects, the use of the property hereinabove described shall be subject to all of the applicable regulations contained in Chapter 30 of the Code of Ordinances of Beaumont, Texas, as amended. GACG\ORDI NANC\ZONINGHC.ORD Section 3. That if any section, subsection, sentence, clause or phrase of this ordinance, or the application of same to a particular set of persons or circumstances, should for any reason be held' to be invalid, such invalidity shall not affect the remaining portions of this ordinance, and to such end, the various portions and provisions of this ordinance are declared to be severable. Section 4. That all ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only. Section 5. That any person who violates any provision of this ordinance shall, upon conviction, be punished, as provided in Section 1-8 of the Code of Ordinances of Beaumont, Texas. PASSED BY THE CITY COUNCIL of the City of Beaumont on this the day of , 2000. - Mayor- GAMORDI NANWONINGHC.ORD FILE 1531-Z: Zone change request from NC (Neighborhood Commercial) anu ma "'- (Residential Single Family]Dwelling) to GC-MD (General Commercial-Multiple - Family Dwelling). SCALE Location: 6050 Concord Rd. V-too' Applicant: J.C. Modica u °s Nei z �2 d' i tts, :>, / '. ` % 9G h ! 24 o QO jjJ \ \\\` EXHIBIT "A" � 3 November 28, 2000 Consider a request for a specific use permit to allow a day care center in an RM-H (Residential Multiple Family Dwelling-Highest Density) District at 1885 Terrell Avenue City of Beaumont Council Agenda Item TO: City Council FROM: Stephen J. Bonczek, City Manager PREPARED BY: Stephen C. Richardson, Planning Manager MEETING DATE: November 28, 2000 AGENDA MEMO DATE: November 21, 2000 REQUESTED ACTION: Council consider a request for a specific use permit to allow a day care center in an RM-H(Residential Multiple Family Dwelling-Highest Density)District at 1885 Terrell Avenue. RECOMMENDATION The Administration recommends approval of the request subject to a waiver of the landscaping and screening requirements of Section 30-31. BACKGROUND Mrs. Broussard wants to operate a daycare for 7-12 children, ages from 2-4, 7:30 a.m. to 5:30 p.m. daily. The house to be used contains 726 square feet and the lot lies between Emile Street on the east and Avenue F on the west. This property is north of Washington Boulevard and south of Prairie Avenue. Avenue"F"is not paved south of Terrell. BUDGETARY IMPACT None. PREVIOUS ACTION At a joint Public Hearing with City Council held November 20, 2000, the Planning Commission voted 5-0 to approve the specific use permit to allow a day care center in an RM-H (Residential Multiple Family Dwelling-Highest Density) District at 1885 Terrell Avenue subject to a waiver of the landscaping and screening requirements. SUBSEQUENT ACTION None. RECOMMENDED BY Planning Commission, City Manager, Executive Assistant to City Manager/Economic Development Director and the Planning Manager. RECOMMENDED MOTION Approve/Deny a request for a specific use permit to allow a day care center in an RM-H (Residential Multiple Family Dwelling-Highest Density) District at 1885 Terrell Avenue subject to a waiver of the landscaping and screening requirements. ORDINANCE NO. ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A DAY CARE CENTER IN AN RM-H (RESIDENTIAL MULTIPLE FAMILY DWELLING-HIGHEST DENSITY) DISTRICT LOCATED AT 1885 TERRELL AVENUE IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS, the City Council for the City of Beaumont desires to issue a specific use permit to Shantell W. Broussard to allow a day care center in an RM-H (Residential Multiple Family Dwelling - High Density) District located at 1885 Terrell Avenue, being Lot 4 out of the north % of Block 2-F, Cartwright Addition to the City of Beaumont, Jefferson County, Texas, containing 0.150 acres, more or less, as shown on Exhibit"A" attached hereto; and, WHEREAS, the City Council is of the opinion that the issuance of such specific use permit is in the best interest of the City of Beaumont and its citizens, with a waiver of the landscaping and screening requirements of Section 30-31; NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That all conditions necessary for issuance of a specific use permit, with a waiver of the landscaping and screening requirements of Section 30-31, have been met and a specific use permit to allow a day care center in an RM-H (Residential Multiple Family Dwelling - Highest Density) District at 1885 Terrell Avenue, being Lot 4 out of the north Y2 of Block 2-F, Cartwright Addition to the City of Beaumont, Jefferson County, Texas, containing 0.150 acres, more or less, as shown on Exhibit "A" attached hereto, is hereby granted to Shantell W. Broussard, her legal representatives, successors and assigns for G:\CG\ORDINANC\,SPECUSE.DOC those certain tracts as described in Exhibit "A" 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 hereinabove described shall be in all other respects subject to ail of the applicable regulations contained in Chapter 30 of the Code of Ordinances of Beaumont, Texas, as amended. PASSED BY THE CITY COUNCIL of the City of Beaumont this the day of , 2000. - Mayor- G MORDINANCISPECUSE.DOC 1 I I I I J 1 I a a , I , . 1 S a , I 1 1 I of a . I 1 . t ETI Y. 535-1!: Request for a specific use Permit to allow a daycare in an area zoned NOR1 H - RM-H (Residential Multiple Family Dwelling- High Density). - Location: 1885 Terrell St. Applicant: Shantell W. Broussard SCALE V-200' 2200 .2/00 .2000 /4?00 rs s so �L l� l I I ! I l t / 1 I I 1 • I • I I ! I � �• t � 7 • -�i a Q�� '� IGO � V PO ~ • ! 1• a r a • • ,� a r t � a �+ •• r ! • • �+ to !r ROBERTS AVE. N ;I 74 W 72 w 7/ I ORA ew - 40 '. At �� . • PRAIRIE AVE. /8010 t, Io° 7 � JNNJ V - 7s „ Q I I I Q • r w • ! �• r >• • • i �• .._ K i v3 92 4vu 3 TERRELL AvE. - I ,o I I ! • I I SUB Q) - . I M � II � I JI w r I T ws p i �•I , . I , ,. „ .. . ! . . EXHIBIT "Alf ! n .49 FVMCI I' A� e � Er.b".1 ' hir !�fit• /p8s hlo�1�, lX 7 i 96 Zp' T tom!1 54, S" 1 TE- FLWJ 35_� *Approval subject to a waiver of the landscaping and screening requirements. EXHIBIT "B" 4 November 28, 2000 Consider a request for a specific use permit to allow the conversion of a residential structure into an insurance office and photography studio in an RCR (Residential Conservation and Revitalization) District at 2539 Liberty Avenue City of Beaumont IL Council Agenda Item TO: City Council FROM: Stephen J. Bonczek, City Manager PREPARED BY: Stephen C. Richardson,Planning Manager MEETING DATE: November 28, 2000 AGENDA MEMO DATE: November 21, 2000 REQUESTED ACTION: Council consider a request for a specific use permit to allow the conversion of a residential structure into an insurance office and photography studio in an RCR (Residential Conservation and Revitalization) District at 2539 Liberty Avenue. The property is located in the Oaks Historic District. RECOMMENDATION The Administration recommends a conditional approval of the request subject to the applicant agreeing to comply with the landscape and screening requirements of Section 30-31 and to configure the parking lot to prevent vehicles from backing into the street, and compliance with all ADA requirements. BACKGROUND Vincent and Nancy Pecora would like to purchase the house located at 2539 Liberty. The 62.5'x 120' lot lies between 9th and 10th Streets in the Oaks Historic District (HC-D2) in the Averill Addition. Mr. Pecora is a broker in the life insurance business and Mrs. Pecora is a portrait photographer. They would like to open an insurance office and a photography studio in the structure. The front yard is paved for parking and there are two separate driveways entering the front of the lot. There are single family residences, apartment houses, offices and shops in the block between 9th and 10th. BUDGETARY IMPACT None. PREVIOUS ACTION At a joint Public Hearing with City Council held November 20, 2000, the Planning Commission voted 5-0 to approve the specific use permit to allow the conversion of a residential structure into an insurance office and photography studio in an RCR (Residential Conservation and Revitalization) District at 2539 Liberty Avenue in the Oaks Historic District, subject to compliance with landscaping and screening requirements of Section 30-31, compliance with all ADA regulations and the reconfiguration of the parking lot to prevent vehicles from backing onto Liberty Avenue while leaving the property. SUBSEQUENT ACTION None. RECOMMENDED BY Planning Commission, City Manager, Executive Assistant to City Manager/Economic Development Director and the Planning Manager. RECOMMENDED MOTION Approve/Deny a request for a specific use permit to allow the conversion of a residential structure into an insurance office and photography studio in an RCR (Residential Conservation and Revitalization) District at 2539 Liberty Avenue in the Oaks Historic District, subject to compliance with landscaping and screening requirements of Section 30-31, compliance with all ADA regulations and the reconfiguration of the parking lot to prevent vehicles from backing onto Liberty Avenue while leaving the property. ORDINANCE NO. ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW THE CONVERSION OF A RESIDENTIAL STRUCTURE INTO AN INSURANCE OFFICE AND PHOTOGRAPHY STUDIO IN AN RCR (RESIDENTIAL CONSERVATION AND REVITALIZATION) DISTRICT LOCATED AT 2539 LIBERTY AVENUE IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS, the City Council for the City of Beaumont desires to issue a specific use permit to Vincent and Nancy Pecora to allow the conversion of a residential structure into an insurance office and photography studio in an RCR (Residential Conser'a: cn and Revitalization) District located at 2539 Liberty Avenue, being Lot 5 and the east 12.5 feet of Lot 6, Block 47, Averill Addition to the City of Beaumont, Jefferson County, Texas, containing 0.172 acres, more or less, as shown on Exhibit "A" attached hereto; and, WHEREAS, the City Council is of the opinion that the issuance of such specific use permit is in the best interest of the City of Beaumont and its citizens, subject to compliance with landscaping and screening requirements of Section 30-31, compliance with all ADA regulations and the reconfiguration of the parking lot to prevent vehicles from backing onto Liberty Avenue when exiting the property; NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That all conditions necessary for issuance of a specific use permit have been met, subject to compliance with landscaping and screening requirements of Section 30-31, GAMORDINANCISPECUSE.DOC compliance with all ADA regulations and the reconfiguration of the parking lot to prevent vehicles from backing onto Liberty Avenue while leaving the property, and a specific use permit to allow the conversion of a residential structure into an insurance office and photography studio in an RCR (Residential Conservation and Revitalization) District at 2539 Liberty Avenue, Oaks Historic District, being Lot 5 and the east 12.5 feet of Lot 6, Block 47, Averill Addition to the City of Beaumont, Jefferson County, Texas, containing 0.172 acres, more or less, as shown on Exhibit "A" attached hereto, is hereby granted to Vincent and Nancy Pecora, their legal representatives, successors and assigns for those certain tracts as described in Exhibit "A" attached here;-- anc --ade a Gar hereof for a!1 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 hereinabove described shall be in all other respects subject to all of the applicable regulations contained in Chapter 30 of the Code of Ordinances of Beaumont, Texas, as amended. PASSED BY THE CITY COUNCIL of the City of Beaumont this the day of , 2000. - Mayor- GIMORDINANMPEC USE.DOC FILE 1533-P: Request for 2 specific use permit to allow an insurance NORTH =-=-� agency/photography studio in an area zoned RCR(Residential Conservation A Revitalization). Location: 2539 Liberty SCALE i 1"'200' b ( Applicant: Vincent and Nancy Pecos s ' I I I# + Il rJ r• :ro of t7 of rf a so ►• ►� N ,7 /a I y t0 t/ lr It r• t! N J• 1y rf I rr I ,t A VE ` 32 I s CALDER AVE. 717 - i I _ I s �9 91 JO i I If J� r / I r► Le I rJ ' t• I rJ � tf � p � tf I r1 IF /I n yo d at j IS tf tea /• to � so i BROADWAY •� i ac � � ;� 1s s � so - BROADWAY AVE. ' Jo l0 r I + 7 I f l ' • J If I ! • J t I 49 N 46 i ( I ,. I /s • I /s r » I s to !! ,I rr r• to rf /• /r ,f ,r /o rr rJ r. n rf o rt rs !ro I , D i l [/9£197.1' ; ► i I ` E f I A £ ' { 2!v O 0 LIBERTY AVE. - - I - ! - ( - � - � - � I JO 34/I O I iii I - � JO 'y I I ��i P,r0 s / l s ! • ! r / 'H/J i /1 // • J t / '�t7 ,r I w If f I r. a ts 'AM w /s ti � N ?st '+ ECI'�L AU19EL !9/ i ey h�dl LAUREL AVE. x •' as w so n 60 :c �. It sourm • SOUTH ST. 646 Jo 6 EXHIBIT "A" C CCN;A �. `j W . ' D --- — - I 13K, 3 P° e h'qiir f T(-X C S i CA Nr-,,q g �eef' s�h - -- Lbo� *Approval subject to compliance with landscaping and screening requirements of Section 30-31, compliance with all ADA regulations and the reconfiguration of the parking lot to prevent vehicles from backing onto Liberty Avenue while leaving the property. _ --- Back YA R ------ - (�P �� e rY� EXHIBIT «B„ � C o 5 November 28, 2000 Consider a request for a specific use permit to allow the construction of a one-story 800 square foot apartment behind an existing residence in an RS (Residential Single Family Dwelling) District at 5620 Kohler Avenue City of Beaumont Council Agenda Item TO: City Council FROM: Stephen J. Bonczek, City Manager PREPARED BY: Stephen C. Richardson, Planning Manager MEETING DATE: November 28, 2000 AGENDA MEMO DATE: November 21, 2000 REQUESTED ACTION: Council consider a request for a specific use permit to allow the construction of a one-story 800 square foot apartment behind an existing residence in an RS (Residential single Family Dwelling)District at 5620 Kohler Avenue. RECOMMENDATION The Administration recommends approval of the request for the apartment subject to the condition that it cannot be used as rental property now or in the future. BACKGROUND Paul E. and Betty J. Pate live in a residence at 5620 Kohler Avenue in the Ida Reed Addition. They wish to build a one-story, 800 square foot, one bedroom apartment in the back yard of their home. This will be used as a residence for Mrs. Pate's elderly parents. Mr. and Mrs. Pate will be able to assist her parents if the proposed request is granted. BUDGETARYIMPACT None. PREVIOUS ACTION At a joint Public Hearing with City Council held November 20, 2000, the Planning Commission voted 5-0 to approve the specific use permit to allow the construction of a one-story 800 square foot apartment behind an existing residence in an RS (Residential single Family Dwelling) District at 5620 Kohler Avenue subject to the condition that it cannot be used as rental property now or in the future. SUBSEQUENT ACTION None. RECOMMENDED BY Planning Commission, City Manager, Executive Assistant to City Manager/Economic Development Director and the Planning Manager. RECOMMENDED MOTION Approve/Deny a request for a specific use permit to allow the construction of a one-story 800 square foot apartment behind an existing residence in an RS (Residential single Family Dwelling) District at 5620 Kohler Avenue subject to the condition that it cannot be used as rental property now or in the future. ORDINANCE NO. ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW THE CONSTRUCTION OF A ONE- STORY 800 SQUARE FOOT APARTMENT BEHIND AN EXISTING RESIDENCE IN AN RS (RESIDENTIAL SINGLE FAMILY DWELLING) DISTRICT LOCATED AT 5620 KOHLER AVENUE IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS, the City Council for the City of Beaumont desires to issue a specific use permit to Paul E. and Betty J. Pate to allow the construction of a one-story 800 square foot apartment :,e ind an existing residence in an RS (Residential Single Family) District located at 5620 Kohler Avenue, being Lot 27, Block °F,° Ida Reed Addition, City of Beaumont, Jefferson County, Texas, containing 0.26 acres, more or less, as shown on Exhibit "A" attached hereto; and, WHEREAS, the City Council is of the opinion that the issuance of such specific use permit is in the best interest of the City of Beaumont and its citizens, subject to the condition that the apartment cannot be used as rental property now or in the future; NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That all conditions necessary for issuance of a specific use permit have been met, subject to the condition that the apartment cannot be used as rental property now or in the future, and a specific use permit to allow the construction of a one-story 800 square foot apartment behind an existing residence in an RS (Residential Single Family Dwelling) GAMORDINANCISPECUSE.DOC District at 5620 Kohler Avenue, being Lot 27, Block "F," Ida Reed Addition, City of Beaumont, Jefferson County, Texas, containing 0.26 acres, more or less, as shown on Exhibit "A" attached hereto, is hereby granted to Paul E. and Betty J. Pate, their legal representatives, successors and assigns for those certain tracts as described in Exhibit"A" 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 hereinabove described shall be in all other respects subject to all of the applicable regulations contained in Chapter 30 of the Code of Ordinances of Beaumont, Texas, as amended. PASSED BY THE CITY COUNCIL of the City of Beaumont this the day of , 2000. - Mayor - GAMORDINANMSPECUSE.DOC ' EM + 1532-P: R,-quest for a specific use permit to allow an apartment i- the rear of a NORTH residential property in an area zoned RS (Residential Single Family Dwelling). I Location: 5620 Kohler A I - j0 Applicant: Paul and Betty Pate SOLE - V-200' ' IL r N N A • q E s• � d � s• r+E .� P� • • � ri OV • � • �o c } o-n • t • • o Z s �' • • , to ,, ,. s• s o . _ s M , s• s • O i ` Aft Z AURA 0 s• GQ�O� s� e r L r,o t . _ N a All „ s,w,lE tea, �► AV .50 s b b � rN! • y � tJ f ' � EXHIBIT "A" ..n• 000 0 MCC j¢` 111 , 6t-K r IDA R5�,i7 S�gD�V�Si �w �Xo20 Kos►t,E►4 5T. PROP. �. \a 4 of Id UTI;,. F-A�g.,W-r PL CIA-I -1 Oi ►Jew �. _ -mot '�----- ---- =S r I � +1 U It74. j 1 1 ,1, w-•I Gam:, *Approval subject to the condition that y it cannot be used as rental property now or in the future. EXHIBIT "B" 6 November 28, 2000 Consider a request for a specific use permit to allow the operation of a rental hall for weddings, receptions, parties, family and class reunions and other celebratory assemblies in an RCR (Residential Conservation and Revitalization) District at 1685 Park Street W^W City of Beaumont Council Agenda Item TO: City Council FROM: Stephen J. Bonczek, City Manager PREPARED BY: Stephen C. Richardson, Planning Manager MEETING DATE: November 28, 2000 AGENDA MEMO DATE: November 21, 2000 REQUESTED ACTION: Council consider a request for a specific use permit to allow the operation of a rental hall for weddings, receptions, parties, family and class reunions and other celebratory assemblies in an RCR (Residential Conservation and Revitalization) District at 1685 Park Street. RECOMMENDATION The Administration recommends approval of the request as submitted except for the installation of an_ei t foot tall wood screening fence along the boundary with the adjacent residential rent house at Pennsylvania and Royal. BACKGROUND Yvonne F. Como wishes to rent her building(three adjoining structures) for weddings,receptions, parties, family and class reunions and for other celebratory assemblies. She received a specific use permit in 1999 to return the use to a funeral home but this proposal did not materialize. The property also received a specific use permit as a church in 1997, but the church changed locations and she bought the property. Prior to the church use the property was vacant and put up for sale in 1996 by the Carroll-Wallace Company. BUDGETARY IMPACT None. PREVIOUS ACTION At a joint Public Hearing with City Council held November 20, 2000, the Planning Commission voted 5-0 to approve the specific use permit to allow the operation of a rental hall for weddings, receptions, parties, family and class reunions and other celebratory assemblies in an RCR (Residential Conservation and Revitalization)District at 1685 Park Street as submitted except for the installation of an eight foot tall wood screening fence along the boundary with the adjacent residential rent house at Pennsylvania and Royal. SUBSEQUENT ACTION None. RECOMMENDED BY Planning Commission, City Manager, Executive Assistant to City Manager/Economic Development Director and the Planning Manager. RECOMMENDED MOTION Approve/Deny a request for a specific use permit to allow the operation of a rental hall for weddings, receptions, parties, family and class reunions and other celebratory assemblies in an RCR(Residential Conservation and Revitalization) District at 1685 Park Street as submitted except for the installation of an eight foot tall wood screening fence along the boundary with the adjacent residential rent house at Penns-,Jvania and Royal. ORDINANCE NO. ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW THE OPERATION OF A RENTAL HALL FOR WEDDINGS, RECEPTIONS, PARTIES, FAMILY AND CLASS REUNIONS, AND OTHER CELEBRATORY ASSEMBLIES IN AN RCR (RESIDENTIAL CONSERVATION AND REVITALIZATION) DISTRICT LOCATED AT 1685 PARK STREET IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS, the City Council for the City of Beaumont desires to issue a specific use permit to Yvonne F. Como to allow the operation of a rental hall for weddings, receptions, parties, family and class reunions, and other celebratory assemblies in an RCR (Residential Conservation and Revitalization) District located at 1685 Park Street, being Lot 2, the east 17 feet of Lot 3, and Lots 6, 7, 8, 9 and 10, Block 8, Jersey Farm Addition City of Beaumont, Jefferson County, Texas, containing 1.0385 acres, more or less, as shown on Exhibit "A" attached hereto; and, WHEREAS, the City Council is of the opinion that the issuance of such specific use permit is in the best interest of the City of Beaumont and its citizens, subject to a waiver of the installation of an eight foot tall wood screening fence along the boundary with an adjacent residential rent house at Pennsylvania and Royal; NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF BEAUMONT: G MORDINANCISPECUSE.DOC Section 1. That all conditions necessary for issuance of a specific use permit have been met, subject to a waiver of the installation of an eight foot tall wood screening fence along the boundary with an adjacent residential rent house at Pennsylvania and Royal, and a specific use permit to allow the operation of a rental hall for weddings, receptions, parties, family and class reunions, and other celebratory assemblies in an RCR (Residential Conservation and Revitalization) District at 1685 Park Street, being Lot 2, the east 17 feet of Lot 3, Lots 6, 7, 8, 9 and 10, Block 8, Jersey Farm Addition, City of Beaumont, Jefferson County, Texas, ccr;aining 1.0385 acres. more or less, as shown on Exhibit "A" attached hereto, is hereby granted to Yvonne F. Como, her legal representatives, successors and assigns for those certain tracts as described in Exhibit "A" 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 hereinabove described shall be in all other respects subject to all of the applicable regulations contained in Chapter 30 of the Code of Ordinances of Beaumont, Texas, as amended. G:\CG\ORDINANC\SPECUSE.DOC PASSED BY THE CITY COUNCIL of the City of Beaumont this the day of 2000. - Mayor - WMORDI NANCISPECUSE.DOC \< FILE 1534-P: Request for it spe--ific use permit to allow a reception center in an area NORTH zoned RCR (Residential Conservation Revitalization). A Location: 1685 Park St. Applicant: Yvonne F. Como SCALE V-200' 1 / 8 � B � aM 8 ' ._ � - /t - •��ol+ /fIR ' AP wr r. I? vo Add � ! • a / � $ t B •t s p • t ��• �1fMETT ��f . b y y ErrME�TT IY£: - o AYE EMMETr AVE. ! 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Z r 7 llo t4 IsJ s� (�00 CRAIG ST. a AC Y I - - r /ec I a •try ` ltd EXHIBIT q fc< 7 'Approval with a waiver of the installation of an eight foot tall wood screening fence along the boundary with the adjacent residential rent house at Pennsylvania and Royal. rOSIMIL MA stwErT Ala AN - - - --- -- - -- - - -- - 6M . 1 • 1 • • • • . • • • • • • ----- ----------- -------- ��r--- U� p i pol ------------ -------------- ------------ - ----------- --------------- ------------ E � 1 ; o - ° so PW STY= EXHIBIT "B" f CRAIG STREET / L--c / • I I ixritlra I / 1 ilifii I /� I raw• I � ��, / • I 1 Vr M I I / No • �• • • I 1 I /• I �� I Iasi.• 1 fail• ` 1 L l LB0 �� I rmin� 1 > j_ • • •1 • • • • • IR 1tl'0'q R 1 l — --— -- wp WO we • • • • �•1 • • • • • I I I p PROPOSED PARKING 1 I 1 i �♦ 1 LOT 1 I rxf:rno I •'' • • •1 I I f STORY 1 LL- ra we 1 O Cj I 1 I 000 00 O I MATCH UNE 01 D - S-2 — M42AM MW•A270CWU I X011 �('�'• 013M•/INMA CONSATIM iW FAM SEMA R IINf •Z fI10�yE[; un ar(�n 7�72,,tatl, t mw 3Yt3!73 R 3auA-M .0 ' OO OO(.) 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