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Home My WebLink AboutPACKET JULY 29 2003 o Q1QJ City of Beaumont REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS JULY 29,2003 1:30 P.M. AGENDA CALL TO ORDER * Invocation Pledge Roll Call * Presentations and Recognition * Public Comment: Persons may speak on scheduled agenda items 11, 12& 14/ Consent Agenda * Consent Agenda GENERAL BUSINESS 1. Consider approving a request to rename Cedar Street from 4'' Street to M.L.K. Parkway to Reverend G. W. Daniels Avenue/Cedar Street 2. Consider approving a request for a zone change from NC (Neighborhood Commercial)to GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District and a specific use permit to allow an office and retail facility located just south of the Gulf Credit Union on Dowlen Road 3. Consider approving a request for a zone change from GC-MD-2 (General Commercial-Multiple Family Dwelling-2)to GC-MD (General Commercial- Multiple Family Dwelling) District for property located at 1575 S. Major Drive 4. Consider approving a request for a specific use permit to allow a church parking lot in an RM-H(Residential Multiple Family Dwelling-Highest Density) District at 2185 Taylor Street 5. Consider approving a request for a specific use permit to allow a rooming and boarding house in an RM-H(Residential Multiple Family Dwelling-Highest Density) District at 2265 Washington Boulevard 6. Consider approving a request for a specific use permit to allow a home health care agency office in an RCR(Residential Conservation and Revitalization)District at 2401 North Street 7. Consider approving a request for a specific use permit to allow a barber and beauty shop in an RM-H(Residential Multiple Family Dwelling-Highest Density) District at 3440 W. Euclid Avenue 8. Consider approving a request for a specific use permit to allow an auto detail shop in an RCR(Residential Conservation and Revitalization) District at 2893 Concord Road 9. Consider approving a request for an amended specific use permit to allow the expansion of an existing mini-warehouse facility at 1655 S. Major Drive 10. Consider approving a request for an HC-L (Historic Cultural-Landmark Preservation) Designation to be placed on the homestead of Elmo R. Willard, III at 1325 E. Gladys 11. Consider approving a request to abandon the alley between Lots 7 and 8, Block 8, Caldwood Addition 12. Consider authorizing the City Manager to execute the renewal of a lease agreement for EMS facilities 13. PUBLIC HEARING: Related to the reallocation of funds from the 2000 Consolidated Block Grant Program to be used for a 3-year lease for an EMS station Consider the reallocation of funds from the 2000 Consolidated Block Grant Program to renew a 3-year lease agreement for EMS #5 located at 6452 Concord Road WORKSESSIONS * Review an amendment to the existing animal ordinance relating to vicious/dangerous animals 14. Consider an amendment to the existing animal ordinance; Chapter 5; Sec. 5-19 dealing with vicious/dangerous animals * Receive report from the Martin Luther King, Jr. Parkway Commission COMMENTS * Councilmembers/City Manager comment on various matters * Public Comment (Persons are limited to 3 minutes) Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact Pat Buehrle at 880-3725 a day prior to the meeting. i 1 July 29, 2003 Consider approving a request to rename Cedar Street from e Street to M.L.K.Parkway to Reverend G. W. Daniels Avenue/Cedar Street i City of Beaumont Council Agenda Item EL TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Stephen C. Richardson, Planning Manager MEETING DATE: July 29, 2003 AGENDA MEMO DATE: July 22, 2003 REQUESTED ACTION: Council consider a request to rename Cedar Street from 4'''Street to M. L. K. Parkway to Reverend G. W. Daniels Avenue/Cedar Street. RECOMMENDATION The Administration recommends approval of the request to rename Cedar Street from 4'li Street to M. L. K. Parkway to Reverend G. W. Daniels Avenue/Cedar Street. BACKGROUND Sunlight Baptist Church approached the City with the idea of renaming Cedar Street,from 4'Street to Martin Luther King, Jr.Parkway, to Reverend G.W.Daniels Avenue as way to honor their long time pastor. After serving as a chaplain in the United States Navy, Reverend Daniels became the minister of Sunlight Baptist Church for which he has served for the past 57 years. Reverend Daniels has served as President of the Baptist Ministers'Union of Beaumont and vicinity, Moderator of the General Bowen District Association of Texas, Past President of the Missionary Baptist General Convention of Texas and a member ofthe Publishing Board ofthe Missionary Baptist General Convention of America. During the Civil Rights Movement of the 1960's, Reverend Daniels, along with the late Reverends E. Brown and W.N. McCarty, fought hard against racial discrimination. Reverend Daniels worked to provide scholarships and financial assistance for needy youth seeking higher education and to provide decent housing for low income families in the city. In addition,Reverend Daniels established the Sunlight Christian Academy, which is one of the few predominately black private Christian schools in Texas. I This request is in compliance with the Street Renaming Policy for the City of Beaumont. The name change will honor a person who has made specific contributions to the cultural,social,religious and political heritage of the City of Beaumont. No other street in the City is named Daniels. The name change will be for a continuous street segment and will not represent a commercial endorsement. BUDGETARYIMPACT None. PREVIOUS ACTION At a Joint Public Hearing held July 21, 2003, the Planning Commission voted 8:0 to approve a request to rename Cedar Street from 4`h Street to M. L. K. Parkway to Reverend G. W. Daniels Avenue/Cedar Street. SUBSEQUENT ACTION None. RECOMMENDED BY Planning Commission, City Manager,Public Works Director and the Planning Manager. RECOMMENDED MOTION Approve/Deny a request to rename Cedar Street from 0 Street to M.L.K.Parkway to Reverend G. W. Daniels Avenue/Cedar Street. I � i FILE 653-OB: Request to rename Cedar Street from 4'h Street to M. L. K. Parkway to NORTH ,00 Reverend G. W. Daniels Avenue. •(��)� _• u (•A�ppli�c r a I n•t:I C• ii t.y•�o u f B•eaumor n t. • w i S- CALE N.T.S. I I • w w w _u 10 ■ „ ,,, ,o •o w I ,u JI• •I •o �aJ , � � i i • I i o • r J, 1 1 . �• • •�.� • , � �W! • •SI I I •il •,�, 1 o J HI ti- ,r. I 1 4 • I _ �r A-/5 S BJE i I _ u • PO pr+ I • s \ V \ .y C EfJAR.. ST. c s • loo 7 i , .L 2 July 29,2003 Consider approving a request for a zone change from NC(Neighborhood Commercial)to GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District and a specific use permit to allow an office and retail facility located just south of the Gulf Credit Union on Dowlen Road ti .. City of Beaumont 79JJ Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Stephen C. Richardson, Planning Manager MEETING DATE: July 29, 2003 AGENDA MEMO DATE: July 22, 2003 REQUESTED ACTION: Council consider a request for a zone change fromNC(Neighborhood Commercial) to GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District and a specific use permit to allow an office and retail facility located just south of the Gulf Credit Union on Dowlen Road. RECOMMENDATION The Administration recommends denial of a zone change from NC(Neighborhood Commercial)to GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District and a specific use permit to allow an office and retail facility located just south of the Gulf Credit Union on Dowlen Road. BACKGROUND Architectural Alliance, Inc. is representing a limited partnership that wishes to build an office and retail facility on 2.1 acres of land just south of the Gulf Credit Union on Dowlen Road. The group proposes building 16,600 sq. ft. of retail space and 4, 600 sq. ft. of office space. 98 parking spaces will be constructed to meet the parking demand. The major access to the property will be off of Dowlen Road with a secondary entry on Wellington Place. The architect states that the design concept is a neighborhood commercial development which will support the needs ofthe surrounding neighborhoods. Proposed uses will include,but not be limited to,bicycle shop,offices,hair salon, small food service establishment,clothing boutique,flower shop and other appropriate uses. No sale of gasoline, carwash facilities or convenience stores will be permitted. Substantial landscaping is incorporated into the plan. A 90'wide landscape buffer is proposed along Dowlen Road and a 25'landscape buffer is shown along the Wellington Place frontage. BUDGETARY IMPACT None. PREVIOUS ACTION At a Joint Public Hearing held July 21, 2003, the Planning Commission voted 8:0 to deny a zone change from NC to GC-MD-2 District and a specific use permit to allow an office and retail facility located just south of the Gulf Credit Union on Dowlen Road. SUBSEQUENT ACTION None. RECOMMENDED BY Planning Commission, City Manager,Public Works Director and the Planning Manager. RECOMMENDED MOTION Approve/Deny a request for a zone change from NC to GC-MD-2 District and a specific use permit to allow an office and retail facility located just south of the Gulf Credit Union on Dowlen Road. FILE 1680-Z/P: Request for a zone change from NC (Neighborhood Commercial) to to NORTH EGC-MD-2 (General Commercial - Multiple Family Dwelling - 2) District a more - restrictive zoning district ands specific use permit to allow an office and retail facility. Location: Approximately 1,055' north of the Dowlen Road and Wellington Place SCALE intersection and immediately south of the Gulf Credit Union and north of the DD#6 N.T.S. drainage ditch. Applicant: Lenny Boone 1 � G�.r-'M D-2 RM-H � � W NC t► a ' n ' w 3 i o �0 RM H I 'A Vag -_ i + ✓ COTTONTAIL TRAIL O a V "1 WELLINGTON PLACE AIR � w 0 I 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 PRESENTLY ZONED NC (NEIGHBORHOOD COMMERCIAL) DISTRICT TO GC-MD-2 (GENERAL COMMERCIAL-MULTIPLE FAMILY DWELLING-2)DISTRICT LOCATED APPROXIMATELY 1,055' NORTH OF THE DOWLEN ROAD AND WELLINGTON PLACE INTERSECTION AND IMMEDIATELY SOUTH OF THE GULF CREDIT UNION AND NORTH OF THE JEFFERSON COUNTY DRAINAGE DITCH #6, 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 presently zoned as NC(Neighborhood Commercial)District to GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District for property located approximately 1,055' north of the Dowlen Road and Wellington Place intersection and immediately south of the Gulf Credit Union and north of the Jefferson County Drainage Ditch #6, as described on Exhibits "A" and "B," and the official zoning map of the City of Beaumont is hereby amended to reflect such changes. LEGAL DESCRIPTION FOR ORDINANCE PURPOSES FIELD NOTE DESCRIPTION FOR A 1.4130 ACRE TRACT OUT OF THE H.WILLIAMS LEAGUE,ABSTRACT 56 JEFFERSON COUNTY, TEXAS .V qv 27 3003 BEING a 1.4180 acre tract or parcel of land located in the H. Williams League. Abstract 56. Jefferson County. Texas. being out of and a part of that called 3.947 and 1.084 acre tracts conveyed to Gulf Employees Credit Union by General Warranty Deed. dated January 21. 1997. recorded in Cleric's Fiie No. 9701757 of the Official Public Records of Jefferson County, Texas. said 1.4180 acres being more particularly described by metes and bounds as follows: .Vote: The Basis of Bearings is along the southeasterly line of the said 3.947 acre tract having been called North 5 P54'51" West 4 16.5 5 feet (found North 51°54'51"West 416.31 feet). BEGLVrVLVG at a 5i8" iron rod found in the easterly right-of-way line of Dowlen Road (100' R.O W.) and the iorthwesteriv right-of-way line of that 100-foot wide Jefferson County Drainage District =6 drainage ditch. recorded in Volume 1952 Pages 63.78. & 467 D.R.J.C. and Volume 1955 Page 419 D.R.J.C. for the southwest corner of the said 1.4180 and =.947 acre tracts. THENCE North 33°31'05" East along the said east right-of-way line of Dowlen Road a distance of 96.:0 feet (called North 33°31'03" East) to a ;'z" iron rod found for the northwest corner of the said 1.4180 acre tract: THENCE South 51°54'39" East along the northwesterly line of the said 1.4180 acre tract a distance of 621.12 feet to a capped iron rod marked "Faust' found in the westerly right-of-way line of Wellington Place (60' R.O.W for the northeast corner of the said 1.4180 acre tract: THENCE South 01109'54" East along the said westerly sight-of-way line of Wellington Place a distance of 86.87 feet (called South 01°07'"5" East)to a capped iron rod marked`'DDn6'' found in the said northwesterly right-of-way line of the Jefferson County_ Drainage District 46 drainage ditch for the southeast corner of the said 1.4180 acre tract; THENCE North 76'44'04" West along the said northwesterly line of the Jefferson County Drainage District#6 100-foot wide right-of-way a distance of 68.26 feet (called North 76044'13" West 68.05 feet) to a iron rod found for an angle point: THENCE North 51°5.5'29" West along the said northwesteriv line of the Jefferson County Drainage District 416 1 00400 wide right-of-way a distance of 190.14 feet(called North 51°54'51" West 190.10 feet) to a `.'_" iron rod found for the southwest comer of the said 1.0.84 acre tract: ?'HENCE North 51°54'5 l" West along the south line of the said 3.947 acre tract a distance of 410' (called North 51°54'51" West 416.55 feet) to the POLVT UFBEGINNIIVG and containing 1.-1180 acres of land. more or less. EXHIBIT "A" i LEGAL DESCRIPTION FOR ORDINANCE PURPOSES FIELD NOTE DESCRIPTION FOR A 0.'686 ACRE TRACT OUT OF THE H. WELLIANIS LEAGUE, ABSTRACT 56 JEFFERSON COUNTY, TEXAS July 1, 2003 That certain 0.7686 acre tract out of the H. Williams League. Abstract 56, Jefferson County. Texas, being out of and a part of those called 3.947 and 1.084 acre tracts conveyed to Gulf Emoloyees Credit Union by General Warranty Deed. dated January 21. 1997, recorded in ClerK's File No. 9701757 of the Official Public Records of Jefferson County, Texas, said 0.-686 acres being more particularly described by metes and bounds as follows: Note: The Basis of Bearings is along the southeasterly line of the said 3.947 acre tract having been called North 51'54'51" `Nest 416.55 feet (found North 51'54'51"West 416.31 feet). COMMENCING at a 5i8" iron rod found in the easterly right-of-way line of Dcwlen Road ('100' R.O.W.) and the northwesterly right-of-way line of that 100-foot wide Jefferson County Drainage District#6 drainage ditch, recorded in Volume 1952 Pages 63,78, & 467 D.R.J.C. and Volume '955 image a19 D.R.J.C. for the southwest comer of the said 3.947 acre tract: THENCE:: North 33 031'05" East along the said east right-of-way line of Dowien Road a distance of 96.30 feet (called North 33°31'03" East) to a found 112" iron rod: THENCE South 51'54'39" East a distance of 150.00 feet to the southwest comer of the said 0.7686 acre tract and the POINT OF BEGINNING: THENCE North 83°05'21" East a distance of 120.21 feet to a point for the northwest comer of :he said 0.7686 acre tract: THENCE South 51'54'39" East a distance of 316.66 feet to a point in the westerly right-of-way line of Wellington Place for the northeast comer of the said 0.7686 acre tract; THENCE South 01°09'54" East along the said westerly right-of-way line of Wellington Place a distance of 109.77 feet (called South 01°07'35" East) to a capped iron rod found for the southeast comer of the said 0.7686 acre tract: 7H ENCE North 51'54'39" West a distance of 471.12 feet to the POINT OF BEGINNING ana containing 0.7686 acres of land, more or less. 1 I� FILE 1680-Z/P: Request for a zone change from NC (Neighborhood Commercial) to to NORTH GC-MD-2 (General Commercial - Multiple Family Dwelling - 2) District or a more _ restrictive zoning district anda specific use permit to allow an office and retail facility. Location: Approximately 1,055' north of the Dowlen Road and Wellington Place SCALE intersection and immediately south of the Gulf Credit Union and north of the DD#6 N.T.S. drainage ditch. Applicant: Lenny Boone _ GC-MD-e'r' n ��I i RM-H LLJ Q _ a NC s O RM SI i A .i t. H 4r.; 0 a f •� M COTTONTAIL TRAIL I .t' O ' i — WELLINGTON PLACE F Asti t • �, �1 fe I v�, all i U ZU EXHIBIT "B" i ORDINANCE NO. ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW AN OFFICE AND RETAIL FACILITY IN A GC-MD-2 (GENERAL COMMERCIAL-MULTIPLE FAMILY DWELLING-2) DISTRICT LOCATED APPROXIMATELY 1,055'NORTH OF THE DOWLEN ROAD AND WELLINGTON PLACE INTERSECTION AND IMMEDIATELY SOUTH OF THE GULF CREDIT UNION AND NORTH OF THE JEFFERSON COUNTY DRAINAGE DITCH #6, 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 Lenny Boone to allow an office and retail facility in a GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District located approximately 1,055' north of the Dowlen Road and Wellington Place intersection and immediately south of the Gulf Credit Union and north of the Jefferson County Drainage Ditch #6, as described on Exhibits "A" and "B," 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; NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That a specific use permit to allow an office and retail facility located approximately 1,055'north of the Dowlen Road and Wellington Place intersection and immediately south of the Gulf Credit Union and north of the Jefferson County Drainage Ditch#6, as described on Exhibits "A" and "B" attached hereto is hereby granted to Lenny Boone, his legal representatives, successors and assigns. 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 30 of the Code of Ordinances of Beaumont, Texas, as amended. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 29th day of July, 2003. - Mayor Evelyn M. Lord - i LEGAL DESCRIPTION FOR ORDINANCE PURPOSES FIELD NOTE DESCRIPTION FOR A 1.4130 ACRE TRACT OUT OF THE H. WILLIAMS LEAGUE, ABSTRACT 56 JEFFERSON COUNTY, 'TEXAS May 37. 3003 BELVG a 1.4180 acre tract or parcel of land located in the H. Williams League. Abstract 56. Jefferson County. Texas. being out of and a part of that called 3.947 and 1.084 acre tracts conveved to Gulf Employees Credit Union by General Warranty Deed. dated January 21. 1997, recorded in Geri-s Fiie No. X701 757 of the Official Public Records of Jefferson County, Texas. said 1.4180 acres being more particularly descnbed by metes and bounds as follows: .Fore T:he Basis of Bearings is along the southeasterly line of the said 3.947 acre tract having been called North 5 i'S4'S l" West 416.55 feet (found North 51°54'51"West 416.31 feet). BEG1N,,Vr.VG at a 5;8" iron rod found in the easterly night-of-way line of Dowlen Road (100' R.0 W.? and the northwesterly night-of-wav line of that 100 400t wide Jefferson County Drainage District '6 drainage ditch. recorded in Volume 1952 Pages 63.78. & 467 D.R.J.C. and Volume 1955 Page 419 D R.J.C. for the southwest corner of the said 1.4180 and 3.947 acre tracts: THENCE North :3°31'05" East along the said east right-of-way line of Dowlen Road a distance of 96.:0 feet (called North 33°31'03" East) to a !4" iron rod found for the northwest corner of the said 1.4180 acre tract: THENCE South 51°54'39" East along the northwesterly line of:he said 1.4180 acre tract a distance of o_1.12 :eet :o a canoed iron rod marked "Faust' found in the westerly nght-of-way line of«wellington Place 160' R.O.W for the northeast corner of the said 1.4180 acre tract: THENCE South 01°09'54" East along the said westerly nght-of-way line of Wellington Place a distance of 36.87 feet (called South 01°07'"5" East) to a capped iron rod marked "DD116" found in the said northwesteriv right-of-wav line of the Jefferson County Drainage Distnct T6 drainage ditch for the southeast corner of the said 1.4180 acre tract. THENCE North 76°44'04" West along the said northwesteriv line of the Jefferson Count. Drainage Distnct =6 100-foot wide right-of-way a distance of 68.26 feet (called North 76°44'13" West 68.05 feet) to a `. iron rod found for an angle point; THENCE North 51°55'_9" West along the said northwesteriv line of the Jefferson County Drainage District 46 100-foot wide night-of-way a distance of 190.14 feet (called North 51°54'51" West 190.10 feet) t0 a '' iron rod found for the southwest corner of the said 1.084 acre tract: THENCE North 51°54'51" West along the south line of the said 3 947 acre tract a distance of.416 (called North 5 1'54'51" West 416.55 feet) to the POINT OF BEGINNING and conminLnu_ 1.4180 acres of land. more or less. EXHIBIT "A" i LEGAL DESCRIPTION FOR ORDINANCE PURPOSES FOLD NOTE DESCRIPTION . FOR A 0.7686 :ACRE TRACT OUT OF THE H. WELLIANIS LEAGUE, ABSTRACT 56 JEFFERSON COUNTY, TEXAS Ju1y 1, 2003 That certain 0.7686 acre tract out of the H. `Nilliams League. Abstract 56, Jerferson County. Texas, being out of and a part of those called 3.947 and 1.084 acre tracts conveyed to Gulf Emoloyees Credit Union by General Warranty Deed. dated January 21. 1997, recorded in C;erK's FIle No. 9701757 of the Official Public Records of Jefferson County, Texas, Sala 0.7'86 acres being more particularly described by metes and bounds as follows: Note: The Basis of Bearings is along the southeasterly line of the said 3.947 acre tract having been cailea North 51'54'51" West 416.55 feet (found North 51'54'51"West 416.31 feet). COMMENCING at a 5;8" iron rod found in the easterly right-of-way line of Dowien Road (100' R.C.W.} and the northwesterly right-of-way line of that 100-foot wide Jefferson County Drainage District $6 drainage ditch, recorded in Volume 1952 Pages 63.7 8, & 467 D.R.J.C. and Volume '955 Page 419 D.R.J.C. for the southwest comer of the Sala 3.947 acre tract; T"ENCE North 33 031'05" East along the Sala east right-of-way line of Dowlen Roaa a distance of 96.30 feet (called North 33 031'03" East) to a found ;z" iron rod: THENCE South 51°54'39" East a distance of 150.00 feet to the southwest comer of the Sala 0.7686 acre tract ana the POINT OF BEGINNING. THENCE North 83°05'21" East a distance of 120.21 feet to a point for the northwest comer of :he Saic 0.7686 acre tract: THENCE South 51°54'39" East a distance of 316.66 feet to a point in the westerly right-of-way line of Weilington Place for the northeast comer of the said 0.7686 acre tract; THENCE South 01°09'54" East along the said westerly right-of-way line of Wellington Place a distance of 109.77 feet (called South 01°07'35" East) to a capped iron rod found for the southeast comer of the said 0.7686 acre tract: 71;ENCE North 51°54'39" West a distance of 471.12 feet to the POINT OF BEGINNING ana containing 0.7686 acres of land, more or less. FILE 1680-Z/P: Request for a zone change from NC (Neighborhood Commercial) to to NORTH GC-MD-2 (General Commercial - Multiple Family Dwelling - 2) District or a more restrictive zoning district anda specific use permit to allow an office and retail facility. - Location: Approximately 1,055' north of the Dowlen Road and Wellington Place SCALE intersection and immediately south of the Gulf Credit Union and north of the DD 46 N.T.S. drainage ditch. Applicant: Lenny Boone t it GC-MD-2 J 4 y 1 RM-H 011 a. NV $I O ` W Q RM-&H 0 •� v COTTONTAIL TRAIL O 0 3 ) V WELLINGTON PLACE o ^ as p., 1 ,e•s Leto ,,I d Til I��• R. ^ ' �s U � w io t? "Loft, eq1 �� w 1{,�. = EXHIBIT «B„ GULF EMPLOYEES G2EC71T UN101,J ' AML- o NC6 �c 2r>' LANDSG4Pfi f J ys t 3 6 'f ._�. 'a �-.'�:�ia '. _, n .. Nr. F_ _•. ` WQOP W\O T_ 3E1�U 7r FE"�� AND �UILDINC-� i JEFFERSON rOU1JT`r DRAIIJAGE DITCH#G n Architectural Alliance, Inc. - 6654 PJ.1e B.W—d Buu 1,TX 77707(409)866-7196 r->awL.EN Oa K5 NbN.pE. EL0(�Ep f-cET12EMENT A55157Ep U�/INC� 2ESII7ENTIAL CONCEPTUAL SITE UTILIZATION PLAN - SCALE: V'=60'-0" Proposed new building eave heights will vary between 10'and 15'with a minimal second floor area constructed under the slope of the main roof. 16,600 square feet gross conditioned retail space(15,500 square feet ground floor and 1,000 square feet second floor). M 4,600 square feet gross conditioned office space(3,000 square feet ground floor and 1,500 square feet second floor). = Proposed 98 parking spaces(15,500/200=83 cars for retail space and 4,6001300=15 cars for office space). Proposed double faced sign 6'wide x 8.5'tall where the top of the sign is 16'above reference grade as determined by signage ordinance. Proposed 37'wide curb cut(25'drive plus 6'radius each side)at Dowlen Road and secondary offset entry at Wellington. Proposed underground site drainage piping and pre-cast concrete catch basinsleading to accessible ditches and storm sewer lines. Pronoef�d t2rtc sc2Rinp desiar• e,d in colnnliance M Pfh raPuired standerdr and as appropriate so as to blend into tfze exictirra surrouncOnc drvrloprnert . i 3 July 29,2003 Consider approving a request for a zone change from GC-MD-2 (General Commercial-Multiple Family Dwelling-2)to GC-MD(General Commercial-Multiple Family Dwelling)District for property located at 1 575 S. Major Drive City of Beaumont ...... •�• g Council Agenda Item K, TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Stephen C. Richardson, Planning Manager MEETING DATE: July 29, 2003 AGENDA MEMO DATE: July 22, 2003 REQUESTED ACTION: Council consider a request for a zone change from GC-MD-2 (General Commercial-Multiple Family Dwelling-2) to GC-MD (General Commercial-Multiple Family Dwelling) District at 1575 S. Major Drive. RECOMMENDATION The Administration recommends denial of a zone change from GC-MD-2 (General Commercial- Multiple Family Dwelling-2)to GC-MD(General Commercial-Multiple Family Dwelling)District at 1575 S. Major Drive. BACKGROUND Landry Rountree,owner of Landry's Towing,wishes to rezone his property at 1575 S.Major to GC- MID. In April,2002,Mr.Rountree requested a zone change and specific use permit to allow the operation of his towing business. The business was to consist of an office and a vehicle storage facility. The zone change to GC-MD-2 was granted but the specific use permit was denied. At the public hearing, a number of neighbors spoke in opposition to the request of the towing business. One of the major concerns involved the storage of vehicles. Mr. Rountree states in his application that he has since spoken with two of his neighbors and they would not object to the towing business if the facility was restricted to storing no more than 10 vehicles at any one time as required in the GC-MD District. The Planning Manager feels that GC-MD-2 zoning is appropriate for the property. It is immediately adjacent to residential uses to the east. GC-MD-2 zoning would allow for the extra protection that comes with a specific use permit. GC-MD zoning does not provide that protection in many cases. In this particular case,the Planning Commission and City Council could,with a specific use permit, limit the number of cars that could be stored on the property. BUDGETARY IMPACT None. PREVIOUS ACTION At a Joint Public Hearing held July 21,2003,the Planning Commission's motion to approve failed 1:6:1 for a zone change from GC-MD-2 to GC-MD District at 1575 S. Major Drive. SUBSEQUENT ACTION None. RECOMMENDED BY Planning Commission, City Manager, Public Works Director and the Planning Manager. RECOMMENDED MOTION Approve/Deny a request for a zone change from GC-MD-2 to GC-MD District at 1575 S. Major Drive. I FILE 1679-Z: Request for a zone change from GC-MD-2 (General Commercial - NORTH Multiple Family Dwelfing - 2) to GC-MD (General Commercial- Multiple Family - Dwelling) District. _ Location: 1575 S. Major Drive SCALE Applicant: Landry Rountree for Landry's 24 Hour Towing L 1"=200' . b C ---MD' Rd Alp •9 • SUBJECT 1 RMmMA ` e • Q Q M � • w - � • - s i 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 PRESENTLY ZONED GC-MD-2 (GENERAL COMMERCIAL-MULTIPLE FAMILY DWELLING-2)DISTRICT TO GC-MD (GENERAL COMMERCIAL-MULTIPLE FAMILY DWELLING)DISTRICT FOR PROPERTY LOCATED AT 1575 S. MAJOR DRIVE, BEAUMONT, JEFFERSON COUNTY, TEXAS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That Chapter 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 presently zoned as GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District to GC-MD (General Commercial-Multiple Family Dwelling) District for property located at 1575 S. Major Drive, being Lot 11, Block A, Mayfair Addition, City of Beaumont, Jefferson County, Texas, containing 0.71 acres, more or less, as described on Exhibit "A," and the official zoning map of the City of Beaumont is hereby amended to reflect such changes. Section 2. That, in all other respects, the use of the property herein above described shall be subject to all of the applicable regulations contained in Chapter 30 of the Code of Ordinances of Beaumont, Texas, as amended. 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 this the 29th day of July, 2003. - Mayor Evelyn M. Lord - FILE 1679-Z: Request for a zone change from GC-MD-2 (General Commercial - NORTH -- Multiple Family Dwelling - 2) to GC-MD (General Commercial - Multiple Family Dwelling) District. _ Location: 1575 S. Major Drive SCALE Applicant: Landry Rountree for Landry's 24 Hour Towing 1^=200' nA GG MD R to Z i SUBJECT a T` A R M ADM 1 ' - 1 s w - - i EXHIBIT "A" 4 July 29, 2003 Consider approving a request for a specific use permit to allow a church parking lot in an RM-H (Residential Multiple Family Dwelling-Highest Density) District at 2185 Taylor Street City of Beaumont U71. Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Stephen C. Richardson, Planning Manager MEETING DATE: July 29, 2003 AGENDA MEMO DATE: July 22, 2003 REQUESTED ACTION: Council consider a request for a specific use permit to allow a church parking lot in an RM-H (Residential Multiple Family Dwelling- Highest Density)District at 2185 Taylor Street. RECOMMENDATION The Administration recommends approval of a specific use permit to allow a church parking lot in an RM-H (Residential Multiple Family Dwelling-Highest Density) District at 2185 Taylor Street subj ect to providing 8'tall wood screening fences and 10'wide landscape strips on the east and west sides of the subject property. BACKGROUND New Birth Assembly of God Church is requesting a specific use permit to allow an accessory parking lot at 2185 Taylor Street. In 2002, the church received a specific use permit for the construction of a new parking lot on property at 2185 Wilson Street, across the street from the main sanctuary. The new parking lot would be located to the north of the sanctuary. BUDGETARY IMPACT None. PREVIOUS ACTION At a Joint Public Hearing held July 21, 2003, the Planning Commission voted 8:0 to approve a request for a specific use permit to allow a church parking lot in an RM-H District at 2185 Taylor Street subject to providing 8'tall wood screening fences and 10'wide landscape strips on the east and west sides of the subject property. i SUBSEQUENT ACTION None. RECOMMENDED BY Planning Commission, City Manager,Public Works Director and the Planning Manager. RECOMMENDED MOTION Approve/Deny a request for a specific use permit to allow a church parking lot in an RM-H District at 2185 Taylor Street subject to providing 8'tall wood screening fences and 10'wide landscape strips on the east and west sides of the subject property. �I FILE 1681-P: Request for a specific use permit to allow a church parking lot in an NORTH / RM-H (Residential Multiple Family Dwelling- Highest Density) District. Location: 2185 Taylor Street • ■ Applicant: New Birth Assembly of God Church SCALE / 111=2001 �s s> eo +o � • • wn 49 t 4 • • r. > 48 • .�� 'j M • tt tt= •• ■ q q w y •N R • es • - • eo so _ se •.• QaS1 d0 • • • • �1 so eo - - - so %i O e t : z•. s • • t ui °2 s s �t • uW < y� Uj W W � N �• I 00 • ► ' • fe • � !a 1 f , • • � • f t0 tt 1• • f p I J• •imp SI di • • .fw A • Z • do Jul vff y • L� p r ..-. - z• Yy•; i I SURVEY LEGEND —£—F-- ELECTRIC LINE Q CONCRETE SURFACE ❑A C AIR CONDMONINC UNIT =__ = MOOD FENCE —PL—PL— PIPELINE ® COVERED AREA •P P POWER POLE CHAIN LINK PENCE —T—T-- TELEPHONE LINE 0 ROCK OR GRAVEL STREETLIGHT X— BARBED WIRE FENCE CLIENT: NEW BIRTH Acocualy OF GOD CHURCH LOT 11 LOT 10 j LOT 9 N 1 TREE LINE r h 9 FOUND IRON OD N 67'5059" E 80.00 IRO SRO /CALLED 67.55 5" F 80.%1 IRON ROD C—EN—ES E (CAPPED) EX1S H S TREE LINE SCALE' F" 30' 30' PINE 30" PINE LOT 3 O XISTINC CHAIN FEN CRA LINK£ LINK FENCE L 0 2 BE REMOVED G 0 0 C; 36' HARDWOOD It-0 LOT 4 ho �N NOW OR FORMERLY 7a QOo FOMICLLt CORP .�2 SHELL p CLERK FILE /9726696 JCRPR N 2 DRIVE Vh^ % 20' wru DAR wo 18.00 4.00 18.00 �o wiy a �a CHAIN LINK 0 �y - 0 PENCE LOCA710M OF h� xeueS SHALL OT o h� ED R J E OF SIGHT EXISTING BRUSH PROPOSE LINE SHRUBS .00 S 6 532" N 9.91 FOUND I 12' CALLED 67.55'55" • 80.00' FOUND I' IRON ROD DITCH H to IRON PIPE A I� 2185,,T4 A a q fTP)EET (60• R.D.W.) PROPOSED PARKINC FACILITY 26 SSPADES 9*IO 518' * Approval subject to providing 8'tall wood screening PROPOSED TREE fences and 10'wide landscape strips on the east and I-CLASS A TREE Olt west sides of the subject property. 2-CLASS B TREE PROPOSED SHRUBS O]OQlFIL6T .r/rati•. ,ie MIS SURVEY WAS COMPLETED FOR THE A SPECIFIC USE Q/yYerw/ PERMIT. EASEMENTS OF RECORD NOT SHOWN ON THE sWawrso>ass�Insnaacm/actaslor SUBDIVISION PLAT WERE NOT RESEARCHED AS PART of sawABUM morcaemomeC&MMMWW THESE SERVICES. ooa + - JUNE 17. 2003 PROPOSED SITE PLAN Date: WEST 30' OF LOT 2 AND ALL OF Census Traet: 6 LOT 3. BLOCK 52 Q .T PINECREST ADDITION FEMA Flood Zane:X. BEAUMONT, TEXAS .................. Community Panel NO.: PfictM F FAUST 485457-0020 C FAUST Panel Date: 816102 Field Book No. 03-x ENGINEERING AND SURVEYING, INC. 2525 Calder Street Beaumont. Texas 77702- - 3 I I ORDINANCE NO. ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A CHURCH PARKING LOT IN AN RM-H (RESIDENTIAL MULTIPLE FAMILY DWELLING-HIGHEST DENSITY) DISTRICT LOCATED AT 2185 TAYLOR STREET ROAD, 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 New Birth Assembly of God Church to allow a church parking lot in an RM-H (Residential Multiple Family Dwelling-Highest Density) District located at 2185 Taylor Street Road, being the W. 30' of Lot 2 and Lot 3, Block 52, Pinecrest Addition, City of Beaumont, Jefferson County, Texas, containing 0.24 acres, more or less, as described 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 hereinafter described condition: NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That a specific use permit to allow a church parking lot in an RM-H (Residential Multiple Family Dwelling-Highest Density) District located at 2185 Taylor Street Road, being the W. 30' of Lot 2 and Lot 3, Block 52, Pinecrest Addition, City of Beaumont, Jefferson County, Texas, containing 0.24 acres, as described on Exhibit "A," attached i hereto, is hereby granted to New Birth Assembly of God Church, their legal representatives, successors and assigns, subject to the following condition: 1. Provide eight (8) foot tall wood screening fences and ten (10)foot wide landscape strips on the east and west sides of the subject property. 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 30 of the Code of Ordinances of Beaumont, Texas, as amended. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 29th day of July, 2003. - Mayor Evelyn M. Lord - FILE 1681-P: Request for a specific use permit to allow a church parking lot in an NORTH / RM-H (Residential Multiple Family Dwelling - Highest Density) District. j Location: 2185 Taylor Street ■ Applicant: New Birth Assembly of God Church SCALE / 1"=200' Iwo e • 1'0 � -50 10 Uj it < ui �Z W W Q , . fte 5 = w \� a LU J W N �i\.SaN I 8l • • f O o q • • w is -4 ; • va .— .� eo M• 1 � • • t• ■ w• • a. so U3. - 2 s - oil Wal EXHIBIT «A„ µ SURVEY LEGEND —E—C— ELECTRIC LINE 0 CONCRETE SURFACE A.C. AIR CONDITION/NC UNIT = _ _ = WOOD F£NC£ —PL—PL— PIPELINE ® COVERED AREA •PP POWER POLE — '/ CHAIN LINK FENCE —T—T— TELEPHONE UN£ ROCK OR CRAVEL STREETLICHT —X— BARBED WIRE FENCE CLIENT: NEW BIRTH ASSEMBLY OF COD CHURCH H LOT 11 LOT 10 LOT 9 I TREE LINE h D FOUND RON 518-D N 67*50'59 E 80.00' SET r/2" —�CALLED 67.55 S" E 80.0 ' IRON ROD —EN ES E y(CAPPED) £XIS HR S SCALE: I' 30' /-TREE LINE 3�E 30" PINE a LOT 3 O X1STINC CHAIN CXA UNX UNX F£NC£ FEN£ L 0 2 T11 BE REMOVED o V O - 36" HARDWOOD ha LOT 4 NOW OR FORMERLY r a Oa FOMICLLA CORP 02 SHELL �° CLERK FILE / 9726696 JCRPR h4 DRIVEw Z� DAR 20"/ y �o 400 1 .00 18.00 • v�c n wa 1 M CHAIN LINK FENCE C LOCATION OF N� NRUBS SHALL or o yti R/ r OF SICHr EXISTING PROPOSE BRUSH SHRUBS .00 LINE S 6 5"32" r 9.97' FOUND 112' rCAUXD 67'55' S" F 80.00' FOUND I' IRON ROD DITCH IRON PIPE w !T'CH 2185(i6T AL�R E'pR)EET (60' R.0.W.) PROPOSED PARK/Nc FACILITY 22 LANDSCAPING STRIPS * Approval subject to providing$'tall wood screening PROPOSED TREE fences and 10' wide landscape strips on the east and 1-CLASS A TREE OR west sides of the subject property. 2-CLASS B FREE PROPOSED SHRUBS THIS SURVEY WAS COMPLETED FOR THE A SPECIFIC USE PERMIT EASEMENTS OF RECORD Nor SHOWN ON THE �rrna6rAreu�AnsA>.nrACmowrerlo► SUBDMSION PLAT WERE NOT RESEARCHED AS PART OF aU�10AMMWALM QOmrQOewom THESE SERVICES. Anr�a Date: JUNE I7. 2003 PROPOSED SITE PLAN WEST 30' OF LOT 2 AND ALL OF Census Tract: 6 LOT 3, BLOCK 52 .QE.T�c PINECREST ADDITION 'gyp' G�STE9'"ry FEl/A Flood Zone:� BEAUMONT. TEXAS ...... ........... Community Panel NO.: ..F iWip F.FAUST 485457_0020 C FAUST •q ...... Panel Date: 816102 Field Book No: OA-R ENGINEERING AND SURVEYING. INC. 2525 Cald !'Torre' No 0.70r-022 Beaumont. ^ 3 EXHIBIT "B" 5 July 29, 2003 Consider approving a request for a specific use permit to allow a rooming and boarding house in an RM-H (Residential Multiple Family Dwelling-Highest Density) District at 2265 Washington Boulevard f City of Beaumont Council Agenda Item � c TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Stephen C. Richardson, Planning Manager MEETING DATE; July 29, 2003 AGENDA MEMO DATE: July 22, 2003 REQUESTED ACTION: Council consider a request for a specific use permit to allow a rooming and boarding house in an RM-H(Residential Multiple Family Dwelling-Highest Density) District at 2265 Washington Boulevard. RECOMMENDATION The Administration recommends approval ofthe request for a specific use permit to allow a rooming and boarding house in an RM-H District at 2265 Washington Boulevard subject to providing a 6' wide landscape strip in front of the parking on the adjacent lot. BACKGROUND Preston Leslie, the applicant, is requesting a specific use permit to allow a rooming and boarding house at 2265 Washington Boulevard. Mr.Leslie proposes leasing rooms to up to 5 individuals. The tenants will use a community kitchen and restroom. Mr. Leslie states that the people he will rent to are in transition of some sort,meaning that they are starting over from divorce or relocating and living there until they find permanent addresses or are working short-term jobs. Mr. Leslie only shows two parking spaces on his site plan. One space for each bedroom is required. However,he has submitted a letter from the neighboring property owner which says that Mr. Leslie is in the process of buying the adjacent lot and until that purchase is finalized,the current owner will allow tenants of the rooming and boarding house to park there. BUDGETARYIMPACT None. PREVIOUS ACTION At a Joint Public Hearing held July 21, 2003, the Planning Commission voted 8:0 to approve a request for a specific use permit to allow a rooming and boarding house in an RM-H District at 2265 Washington Boulevard subject to providing a 6'wide landscape strip in front of the parking on the adjacent lot. SUBSEQUENT ACTION None. RECOMMENDED BY Planning Commission, City Manager, Public Works Director and the Planning Manager. RECOMMENDED MOTION Approve/Deny a request for a specific use permit to allow a rooming and boarding house in an RM- H District at 2265 Washington Boulevard subject to providing a 6'wide landscape strip in front of the parking on the adjacent lot. 2 ' FILE 1674-P: Request for a specific use permit to allow a rooming and boarding NORTH - ' house in an RM-H (Residential Multiple Family Dwelling-High Density) District. - Location: 2265 Washington Boulevard Applicant: Preston Leslie SCALE 1 + 40 • U s N t /t t W $ O U Z O -47 O / y 1 } `�t� IL /�� ' (�� Ist'.J�• I.I�Ati a I t J.• '1.1 t itJ I ! t•J • trWJ1 I;AiO � I � + � � I { 1 r OF 1 • A l i r t • 1 t I I t 'r•1 WA 2-YOO ..r..■.�■r WASHINGTON AVE. , f IS K t t. N i M Jf t t t7 r to IJ N IJ N lJ • !7 i 3 Q • fsr 1� :i•J,N. :I . so or fr?- �N+`•J�IN ss s, sr u J. u r s. � •r M q N�I lrN�tJ �q1 tJit•itt EUCUO STREET - ' - f.. _ ; , I tt N ! fel, l# >r1 p� M N S I N N N t f J W � L'.1, f ILL 1 7J! x : N JJ J• 1! x N JJ JI � NAY •J •I •J••/ N'r 'N !I /r1tJ tltf ,�J, ,. N A' NtJ , t � I I t , HARRIOT STREET + is� rr�i� So gJ tJ H N Is At ».r /d „r, ,! ,r � • '� s s � • s ! r � , � N rs� �+' ro ' .tf e I , t p An IO 402 1A@2 t • t •aZ �, 1 t • tom: f� J ' j "I Co ,Z5 - ,jA)� LL F FA r T y f� l - > L FT * Approval subject to providing a G wide landscape strip in front of the parldng on the adjacent lot. i I ORDINANCE NO. ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A ROOMING AND BOARDING HOUSE IN AN RM-H(RESIDENTIAL MULTIPLE FAMILY DWELLING- HIGHEST DENSITY) DISTRICT LOCATED AT 2265 WASHINGTON BOULEVARD, 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 Preston Leslie to allow a rooming and boarding house in an RM-H (Residential Multiple Family Dwelling-Highest Density)District located at 2265 Washington Boulevard, being Lot 6, Block 8, Booker Heights Addition, City of Beaumont, Jefferson County, Texas, containing 0.128 acres, more or less, as described on Exhibit"K, 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 hereinafter described condition; NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That a specific use permit to allow a rooming and boarding house in an RM-H (Residential Multiple Family Dwelling-Highest Density)District located at 2265 Washington Boulevard, being Lot 6, Block 8, Booker Heights Addition, City of Beaumont, Jefferson County, Texas, containing 0.128 acres, more or less, as described on Exhibit"K, attached hereto is hereby granted to Preston Leslie, his legal representatives, successors and I assigns, subject to the following condition: �J Install a six (6') foot wide landscape strip in front of the parking on the adjacent lot. 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 30 of the Code of Ordinances of Beaumont, Texas, as amended. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 29th day of July, 2003. - Mayor Evelyn M. Lord - I � e FILE 1674-P: Request for a specific use permit to allow a rooming and boarding NORTH house in an RM-H (Residential Multiple Family Dwelling - High Density) District. Location: 2265 Washington Boulevard A& 1 Appiic9nt: Preston Leslie SCALE t -1"=200' so W , • , ! , t i. ! , • , I a 0- W J L s r� fn r it W ��yJ • O N Z W AM 7 O .. I� Z "�' W a , �I- i I { o III i t 4n <<, ,`. i:l.• �. d � , , . , ►, , �a�.Jr la,li. 11s API 0:AP a ,t i(�yl to l KM v I Are I Ali lop to .o I w! 2.4tGY� WASHINGTON AVE. , It If a f t N f,f l to { 1 I ' Z )• Jt © ,r1t1 J! tf!J! J/ 11'lJ ilr lI if r N H is N N�gt•Ilq MfO �NtdIM I I#;" Jr, 111NIJIIH EUCLID STREET Fw�, AV 1 ! P f ! I J p y 1 W I U = + N is M P' M!to:0 J< J! lJ >. l! J! W 11 J! M[40 1 dop •!�•• •f 4•f�1017'40 -to lu ll M N of N tI is a HARRIOT STREET j >• ' 7 • I ! . � or H /l',! t/ M /f• M AN /+S q1 fI y � , '1 I , • : ! l � / � ,f t!' J+ � tJ' is•it to ky 1 - p 1 EXHIBIT "A" 4 r i - - s � YAd F VY r T FT * Approval subject to providing a 6'wide landscape strip in front of the parking on the adjacent lot. EXHIBIT "B" I i 6 July 29,2003 Consider approving a request for a specific use permit to allow a home health care agency office in an RCR(Residential Conservation and Revitalization) District at 2401 North Street ..�.. City of Beaumont Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Stephen C. Richardson, Planning Manager MEETING DATE: July 29, 2003 AGENDA MEMO DATE: July 22, 2003 REQUESTED ACTION: Council consider a request for a specific use permit to allow a home health care agency office in an RCR (Residential Conservation and Revitalization)District at 2401 North Street. RECOMMENDATION The Administration recommends approval of the request for a specific use permit to allow a home health care agency office in an RCR District at 2401 North Street with a waiver of the screening fence on the west property line. BACKGROUND Southeast Texas Professional Health Care, Inc.,the applicant, is requesting a specific use permit to allow the operation of a home health care agency at 2401 North Street with a waiver of the screening fence on the west property line. SETX Professional Health Care, Inc. is a locally owned and operated home health agency. They employ licensed staff which includes office staff, registered and licensed nurses,home health aides, physical therapists, occupational therapists and social workers. The agency is a non-profit organization with a CLIA waiver(no drugs or laboratory services are used in the facility). The office hours are 8 a.m. to 5 p.m.,Monday-Friday. Field staff work at the home of the clients and traffic is kept to a minimum. BUDGETARY IMPACT None. I PREVIOUS ACTION At a Joint Public Hearing held July 21, 2003, the Planning Commission voted 8:0 to approve a request for a specific use permit to allow a home health care agency office in an RCR District at 2401 North Street with a waiver of the screening fence on the west property line. SUBSEQUENT ACTION None. RECOMMENDED BY Planning Commission, City Manager,Public Works Director and the Planning Manager. RECOMMENDED MOTION Approve/Deny a request for a specific use permit to allow a home health care agency office in an RCR District at 2401 North Street with a waiver of the screening fence on the west property line. i rl FILE 1675-P: Request for a specific use permit to allow a home healthcare agency NORTH office in an RCR(Residential Conservation and Revitalization) District. - • Location: 2401 North Street Applicant: Southeast Texas Professional Health Care, Inc. SCALE 1"=200' ' R 4r 41 N t r ♦ t ! I i B i - M Is , w e, r ♦ w !G it" rf tr If If Zs 1 PAW N ' /I r• r M ' of If rl t1 la N to -�? - HAZEL AVE. c Uj 39 W �i91 Is � Olt l• - I! to r. r7 f O N y 14 f! lr ._ _ - l_ r.. _ '..•� '� ..:r .. _r ( i «a:: .:may: �.ta ;�w�c•�_ S NORTH ST. i U s I 1 J * 'f t q f ♦ f ! t i f Af , II tI 1 I. • ! • f • ' ! I t -- 0 t• e, ! to, •• s 1 i ♦ i + ! • p it r• I! M' r ••. MCFADDIN AVE. Sb 2.3Q7 i !! 30 I d` I 10 Sider rl N as tl t /s N /f 1r It ISO r! N z I I �! el r. 1 1 - 59 �,s 10 I �9 SO . CALDER AVE. sc :s 4 r ♦ A ♦f r N f I s I 1. I •Q � �► S f A M ! I 1 f l• • ! l mom � "r n OF &* fs• N I n Of � s t• •� ( - rt a I fl r• rt r. IS' i •o sl� ! so � � •o � �f I I 0 Cl) LOT 26 LOT 25 LOT 24 o (CALL 75.00') F . ROOZ FND N89047'08"W 74.97' W/ YELLOW FNO 1 v 1. PIPE 0.8t °' THE E.L�210F LOT 2' 30 BLOCK 29 f WOOD & FRAME n�n LEE JOHNSON GARAGE ( ql i cJ� �, �� T CF N0. 2000035247 » OPRJC Pnfiru��e � W �o O 21130' \O O ' In 00 (� Z dE r o U * Approval with a waiver of the 1 20 screening fence on the west o rn ROCK DRNE - property line. o N AVP.v WOOD & FRAME BLD Lv o Ae�^j6- ON CONC. = U p I N J 1 V) ELEC. t/}�rolMrPi O v ' E" O I METER c 37.50 Cr Z - _ BRICK & FRAME z I o 17.11 0• Sf/`reefu :3', 0011 / Vll o I « n W. 1 /2 OF LOT 2 W fzhal n �, & THE E. 1/2 OF LOT & THE W. 112 OF LOT & THE W. 1/2 OF LOT a �'T0 1 "1 20 29 ROSS HANSEN & MARTHA HAN Pir'2.U� CF. NO. 9806742 s C. o OPRJC SQCt/r � I' � COVERED ; I O c 0 f1'o N �1,� J 6 j 2s�t5 Sto i v� ;'NO 112' 1. R00 W/ YELLOW CAP C / ►. P►PE FNt) N90'00'00"E 75.04' L , �;, ney?e C, -AA 150.00') RRss S - Gi�y sloe c,:aIK, NORTH STREET CALLED WILLIAMS AVENUE PER PLAT (60'R.O.W.) / V/4 �U/14 M 2)tscz o&b17 �// tli,eb ou-/s S)4ec1jq1 xs, sh t vnr �*Dbo S�.i�j ip ,Poc warn pPlatc oN sf•2�crfu f'e. �TCnr 7� P/71M.,VeIes �CS .Nca�-,�ecP� GWAO al;re�vsi opts': Z 'Y 3' s tictie S 5� tvet t'-i Se W er /61 iveQ &v lt7reNt* AF/77,;,,y 4: crs: I I ORDINANCE NO. ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A HOME HEALTH CARE AGENCY OFFICE IN AN RCR (RESIDENTIAL CONSERVATION AND REVITALIZATION) DISTRICT LOCATED AT 2401 NORTH 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 the Southeast Texas Professional Health Care, Inc. to allow a home health care agency office in an RCR (Residential Conservation and Revitalization) District located at 2401 North Street, being Lot 1 and the E '/ of Lot 2, Block 29, Averill Addition, City of Beaumont, Jefferson County, Texas, containing 0.258 acres, more or less as described 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; NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That a specific use permit to allow to allow a home health care agency office in an RCR (Residential Conservation and Revitalization) District located at 2401 North Street, being Lot 1 and the E '/ of Lot 2, Block 29, Averill Addition, City of Beaumont, Jefferson County, Texas, containing 0.258 acres, more or less, as described on Exhibit"A,"attached hereto, is hereby granted, with a waiver of the screening fence on the west property line, I to Southeast Texas Professional Health Care, Inc.,their legal representatives,successors and assigns. 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 30 of the Code of Ordinances of Beaumont, Texas, as amended. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 29th day of July, 2003. - Mayor Evelyn M. Lord - i FILE 1675-P: Request for a specific use permit to allow a home healthcare agency NORTH office in an RCR (Residential Conservation and Revitalization) District. Location: 2401 North Street Applicant: Southeast Texas Professional Health Care, Inc- SCALE 1"=200' J r � r rJ a w l o • •��r • s • J r I I r r. ,J rte �. e „ • i • /t I v I Ir � •tr._ro e u r J r. 'b i r• w Il �» rs r. I It ,r HAZEL AVE. Q ttF__L" i U) i _ is jt m« r• r1 N:c a ,. !0 ri f1 . ,7 jo • K !r -M I/ �`w� -..,�p ,. s NORTH ST. z ' SU EST - _V . ; ! I � ( j � /f � ,/ ,O 4 ! i I. . f ! 111 • AN r I I i b As • /r K /! N ! rl II J1 I• I! N MCEADDIN AVE. 3� AV i r to i I • t1 i ri /• ,! I /s •,r n /! t0 dI I tl + Js ' N Jt ' J j I ( d H • 11a S9 519 YJ 19 SO I I CALDER AVE. J i is /r r + /t s • i a ' 1. • J j /i .q � n r 1 • 7 t f• • ! / i I•' t1 j rf a !• rt lie ' it _ EXHIBIT "A" 24 J col ("ALL 75,00" N' N8:1*47 08 W 7/ 4., 7' E,LCW THE E 112 Gr- LOT BLOCK 29 LEE JCHN- l C, I.PIRAf OPROIC —7� Apprct-%.' .,�azh a 1711ar"07 Of '-'Icz cn C14 7, 01 0 < u EL-C 7.50 �J) OF LOT 2 1/2 OF LOT -7 H "v '1/2 OF LOT 1/2 OF LOT 6, MARTHA 'H l' > C� . ',�l 9806742 No 12 V I Rn.1 I N YEL / I L 0IN CAP F\0 Ni) G 0'0 0 0 0 E 0 'A A L L 150.00') r! 5 pr I Cl y S 1"IREE."ET CALLEC' 'NIU- i 7 July 29,2003 Consider approving a request for a specific use permit to allow a barber and beauty shop in an RM-H (Residential Multiple Family Dwelling-Highest Density) District at 3440 W. Euclid Avenue QI19P.. Y Cit of Beaumont Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Stephen C. Richardson, Planning Manager MEETING DATE: July 29, 2003 AGENDA MEMO DATE: July 22, 2003 REQUESTED ACTION: Council consider a request for a specific use permit to allow a barber and beauty shop in an RM-H(Residential Multiple Family Dwelling- Highest Density)District at 3440 W. Euclid Avenue. RECOMMENDATION The Administration recommends approval of the request for a specific use permit to allow a barber and beauty shop in an RM-H District at 3440 W. Euclid Avenue subject to: 1. to providing an 8'tall wood screening fence and a 10'wide landscape strip along the east side of the subject property; 2. that the landscaping/screening requirements along the west side of the subject property be waived; and 3. that the attached owner identification sign shall not exceed 40 sq. ft. in area. BACKGROUND Marvin Jones, the applicant and property owner, is requesting a specific use permit to allow him to operate a 240 sq. ft. barber and beauty shop at 3440 W. Euclid Avenue. Mr. Jones has operated a barber shop at other locations in the city for the last 40 years. Mr. Jones inherited this property and would like to now move to this location. The shop will have one chair and operate from 9 a.m. to 5 p.m., Tuesday through Saturday. BUDGETARY IMPACT None. PREVIOUS ACTION At a Joint Public Hearing held July 21, 2003, the Planning Commission voted 8:0 to approve a request for a specific use permit to allow a barber and beauty shop in an RM-H District at 3440 W. Euclid Avenue subject to: 1. to providing an 8' tall wood screening fence and a 10' wide landscape strip along the east side of the subject property; 2. that the landscaping/screening requirements along the west side ofthe subject property be waived; and 3. that the attached owner identification sign shall not exceed 40 sq. ft. in area. SUBSEQUENT ACTION None. RECOMMENDED BY Planning Commission, City Manager,Public Works Director and the Planning Manager. RECOMMENDED MOTION Approve/Deny a request for a specific use permit to allow a barber and beauty shop in an RM-H District at 3440 W. Euclid Avenue subject to: 1. to providing an 8' tall wood screening fence and a 10' wide landscape strip along the east side of the subject property; 2. that the landscaping/screening requirements along the west side of the subject property be waived; and 3. that the attached owner identification sign shall not exceed 40 sq. ft. in area. FILE 1676-P: Request for a specific use permit to allow a barber and beauty shop in NORTH an RM-H (Residential Multiple Family Dwelling- High Density) District. Location: 3440 W. Euclid Avenue - Applicant: Marvin Jones i SCALE 1"=200' s I = w m J l h IVASH/N rop eLYO N --WASHINGTON AVE. 0 :O ! ♦ 7 f ! ♦ ! t - /` u \ i�J Q 1 /I ' ie 1 ♦ t ! h ♦ I J t ' /1 r♦ iJ it u � if h l • t0 t ?i It tJ to its E✓GL/DI Ave i �� s ii it to t .0 W. EUCLID AVE. C,J It I /� �O f ! TC -� I :9 l♦- -_ - ♦ I ! t i:jl q q ,G a 7 - E�IHOR ( `. 2 _ .� <♦ .�J �• ,`J a .ai � e♦ "�..>rj�+.'��t ,a�� `� 3� ELINOR STREET �� i ♦ i t 1\ • ! a J t, i � t !• 1J ti :) tt t• J0 Jf is is ' Ju i JJ Jf : J7 11 t Joe .e J t Is°L • - - i � t 4 I If ! t I i rfv. t0 WAVERLY S7• N dw 4J t t_ • ! ♦ � : to f to to to to,rtlttt - • ' is- is i1 t0 - PICKb- Zn -- ! -------- - --- - - - --- - - � _--l— - - - - = - — --------- — . * Approval subject to:--- _-------- -- -- - - -- -- 1. to providing an 8'tall wood screening fence and a 10'wide landscape strip along the _- east side of the subject property; 2. that the landscaping/screening requirements along the west side of the subject -- -- property be waived; and - -_ 3. that the attached owner identification sign shall not exceed 40 sq. ft. in area ___ EUCIld i ORDINANCE NO. ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A BARBER AND BEAUTY SHOP IN AN RM-H (RESIDENTIAL MULTIPLE FAMILY DWELLING- HIGHEST DENSITY) DISTRICT LOCATED AT 3440 WEST EUCLID 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 Marvin Jones to allow a barber and beauty shop in an RM-H(Residential Multiple Family Dwelling-Highest Density) District located at 3440 West Euclid Avenue, being Lot 21, Block 2, Carver Terrace Addition, City of Beaumont, Jefferson County, Texas, containing 0.16 acres, more or less as described 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 hereinafter described condition NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That a specific use permit to allow a barber and beauty shop in an RM-H (Residential Multiple Family Dwelling-Highest Density)District located at 3440 West Euclid Avenue, being Lot 21, Block 2, Carver Terrace Addition, City of Beaumont, Jefferson County, Texas, containing 0.16 acres, more or less, as described on Exhibit"A," attached hereto, is hereby granted to Marvin Jones, his legal representatives, successors and assigns, subject to the following conditions: 1. Provide an 8' tall wood screening fence and a 10' wide landscape strip along the east side of the subject property; and, 2. The landscaping/screening requirements along the west side of the subject property be waived; and, 3. The attached owner identification sign shall not exceed 40 sq.ft. in area. 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 30 of the Code of Ordinances of Beaumont, Texas, as amended. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 29th day of July, 2003. - Mayor Evelyn M. Lord - FILE 167 l6_P: Request fora specific use permit to allow a barber and beauty shop in NORTH an RM-H (Residential Multiple Family Dwelling - High Density) District. Location: 3440 W. Euclid Avenue A Applicant: Marvin Jones i SCALE •.ro, z• : a s ZS co C + o¢ WA SHINS TON ^ N ._• aeo 04 V --WASHINGTON AVE. • r • 9 . J f , o ` Is It N II s r I i F4O to IS 14 Is �I• Il N 7 S to ' ,;,I It QT't 3 t, I r Ave 1 I. 17 /a n to t W. EUCI.,.ID AVE, "' '' •. .o , ' Nil ro Zoos j4 1 c w of ) " o `! tit :SJ • � a ^ 1.� a � .�l �_ I 1 ' �(y• i Q �3 It ,I • t.9 '2t 'dI .`iO •qJ ,�� •S ,ti `� �E 'C '� � � :' 1 • , v o E Lim O,f ' �• ;�J `t .=I e• ..3 t .oln o " ELINOR STREET r• r, is zr ter �. 30 ,r ,r � ,a ! i �r`� �I 4 ►� ; is is WAVERLY ST �' 1 .0 0 9 * j, , i y 4 ` ` - � A f • 9 .� - . J ',� ,_ r• t0 i rt tai t• It I I ! too I rr I, Ia EXHIBIT "A" - - - ' Vi NA — ----- ----------- -------- ---- ------------------ - --------------- r ----- - '- I --- J n 1� , — r--* Approval subject to: --- �- _-------- — -- - - - - -- 1. to providing an 8'tall wood screening fence and a 10'wide landscape strip along the _- east side of the subject property; -- 2. that the landscaping/screening requirements along the west side of the subject -- property be waived; and -_ - 3. that the attached owner identification sign shall not exceed 40 sq. ft. in area. __-- EXHIBIT "B" 8 July 29,2003 Consider approving a request for a specific use permit to allow an auto detail shop in an RCR (Residential Conservation and Revitalization) District at 2893 Concord Road City of Beaumont •�• JO g Council Agenda Item c TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Stephen C. Richardson, Planning Manager MEETING DATE: July 29, 2003 AGENDA MEMO DATE: July 22, 2003 REQUESTED ACTION: Council consider a request for a specific use permit to allow an auto detail shop in an RCR(Residential Conservation and Revitalization) District at 2893 Concord Road. RECOMMENDATION The Administration recommends approval of a specific use permit to allow an auto detail shop in an RCR. District at 2893 Concord Road subject to showing, as part of the building plans,how all wash water shall be contained on site and/or disposed of BACKGROUND Ricky Roy is requesting a specific use permit to allow the operation of a car detail shop at 2893 Concord. Mr. Roy plans to place an 800 sq. f. building on the property that will include an office and covered wash area. An 8'tall wood screening fence and 10'wide landscape buffer will be required along the south and east sides of the subject property. A 6' wide landscape strip will also be required along the street frontage. The only sign identifying the business will be located on the building. BUDGETARY IMPACT None. PREVIOUS ACTION At a Joint Public Hearing held July 21, 2003, the Planning Commission voted 8:0 to approve a request for a specific use permit to allow an auto detail shop in an RCR District at 2893 Concord Road subject to showing,as part of the building plans,how all wash water shall be contained on site and/or disposed of SUBSEQUENT ACTION None. RECOMMENDED BY Planning Commission,City Manager, Public Works Director and the Planning Manager. RECOMMENDED MOTION Approve/Deny a request for a specific use permit to allow an auto detail shop in an RCR District at 2893 Concord Road subject to showing, as part of the building plans, how all wash water shall be contained on site and/or disposed of - t \�\ tD D A t! f to Avl FILE 1677-P: Request for a specific use permit to allow an auto detail shop in an RCR NORTH (Residential Conservation and Revitalization) District. Location: 2893 Concord Road Applicant: Ricky Roy SCALE r S 1"=200' ' io r = ` Y • Q JO nh W LL. C, Z N --.��°`� . 1, :• ooh 5 �� .D w ' Q ;'t D r. " ► 0 ��`� ♦,OC- Y it ,7 • O • 1 • b ) 3 i C wort ' BRICKYARD ROAD t,• ! t r !- I',i! • J 'I'; Ri •1 J r ,t` 1 q u ; 'I OIL 5 L w A Q w .S IS to If r do a•"' r' ' sf r� n •-�� 4. •3a i� o r F3 u -r- NMU S' WOODEN PRIVACY ---/ / 90.31' 4' ExISTM CHAIN PLOT PLAN LINK FENCE a b0 SCALE: 1"=20' Buiwwj C4 001� WASH ARIA 2893 CONCORD I ; LOT C BLK 1 ��. HANDI BULLOCK ADDITION >s� P RKI G SP DATE: 6/25/03 � 8 9 V DRAM 2• i ASPHALT t I * Approval subject to showing,as part of the building plans,how all wash water shall be contained on site and/or disposed of t.ANDeCe,PE AREA G LANDSCAPE AREA 24. PROPOSED R.O.W. C40NCFMM DRWE PRCPERIY LINE CONCORD ROAD Lv _��-0 3 BRENDA'S DRAWING BOARD S t R HAND DETAIL This plan is dw p o Srw a 's Deft BOW4 wlw reserves the d9ft m I It may not be V" solo a reprodMd by 0WMft 6 dW adhBdC m far t!a^rare of adder C=ftCft ft& ORDINANCE NO. ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW AN AUTO DETAIL SHOP IN AN RCR (RESIDENTIAL CONSERVATION AND REVITALIZATION) DISTRICT LOCATED AT 2893 CONCORD ROAD, 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 Ricky Roy to allow an auto detail shop in an RCR(Residential Conservation and Revitalization)District located at 2893 Concord Road, being Lot C, Block 1, Bullock Addition, City of Beaumont, Jefferson County, Texas, containing 0.289 acres, more or less, City of Beaumont, Jefferson County, Texas, as described 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 hereinafter described condition: NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That a specific use permit to allow an auto detail shop in an RCR (Residential Conservation and Revitalization) District located at 2893 Concord Road, being Lot C, Block 1, Bullock Addition, City of Beaumont, Jefferson County, Texas, containing 0.289 acres, as described on Exhibit "A," attached hereto, is hereby granted to Ricky Roy, his legal representatives, successors and assigns, subject to the following condition: 1. Show, as part of the building plans, how all wash water shall be contained on site and/or disposed of. 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 30 of the Code of Ordinances of Beaumont, Texas, as amended. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 29th day of July, 2003. - Mayor Evelyn M. Lord - .p I : 'Q--- -- -- ;� - 1*1 FILE 1677-P: Request for a specific use permit to allow an auto detail shop in an RCR NORTH - — (Residential Conservation and Revitalization) District. Location: 2893 Concord Road Applicant: Ricky Roy SCALE ^ rS 1"=200+ ' [/ ." j z A - oaf W, ��+0•t• ti �1 �� A l0 pp Q 4h W iL C, z 0 1 \ BJ EC A � � L� �• \ is '� �� '� �� , •—' ' 1 0.j • a � . f r i t j J AJ Y.1 ! BOA r r BRICKYARD ROAD l � r t l'f l! • J '7'; �f J J J ./'•1� ,• ! A n ;t `� / 7 O W l • s 9 A = ° r• = ..f _,r -� SIC£' m :? rf !1 � 1 IA. _ I PO to db w - - - sV( EXHIBIT "A" _ t NEW a' WOODEN PRrVACY �� 90.31 10 4' flCISTiNG 0WN PLOT PLAN LINIK FENCE 4 SCALE: 1"=20' `°'•.." BUILDMCs PON=wc COVERED WAM ARFA 2893 CONCORD , ! i LOT C SLID I S Gs ULLOCK ADDITION �� PARKING S 9 9 9 9 8 DATE: 6/25/03 DRAN r 2"11 1 YJ 1 ASPHALT i * Approval subject to showing, as part of the building plans,how all wash water shall be contained on site and/or disposed of. LANDSCAPE AREA G � LANDeCAPE AREA 24' PROPOS® R.O.UL DRIVE PROPERTY LANE CONCORD ROAD 13RENDA'S DRAWING M0ARD S t R NAND DETAIL This plan is the property o Brenda's Dwft BasK who reserves the rights to it. It may not be U94 sold or reproduced by owner's wdlotxttba*M f:�►�^ ^urge�� tom. EXHIBIT "B„ 9 July 29,2003 Consider approving a request for an amended specific use permit to allow the expansion of an existing mini-warehouse facility at 1655 S. Major Drive ..... City of Beaumont M NZWEVVIVIN191MMA-40 IL err• Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Stephen C. Richardson, Planning Manager MEETING DATE: July 29, 2003 AGENDA MEMO DATE: July 22, 2003 REQUESTED ACTION: Council consider a request for an amended specific use permit to allow the expansion of an existing mini-warehouse facility at 1655 S. Major Drive. RECOMMENDATION The Administration recommends approval an amended specific use permit to allow the expansion of an existing mini-warehouse facility at 1655 S. Major Drive with a waiver of the tree requirement along the east property line. BACKGROUND Eugene R. Allen, the property owner, would like to expand his existing mini-warehouse facility at 1655 S. Major Drive. In 2001,the City Council approved a zone change and specific use permit to allow the construction of a 40,000 sq.ft. climate-controlled mini-warehouse facility. He now wishes to construct a 17,850 sq. ft. addition. This new structure would be unclimatized. In addition to this building, two additional buildings are shown on the site plan as future development. The new building will be a pre-engineered metal building with a combination of brick and metal panels on the front. Landscaping and an irrigation system will be installed. Drainage of the site will be accomplished by surface drainage from east to west into a ditch and inlets at Major Drive. Ditches on the north and east sides of the property will also drain to inlets at Major Drive. BUDGETARY IMPACT None. PREVIOUS ACTION At a Joint Public Hearing held July 21, 2003, the Planning Commission voted 8:0 to approve an amended specific use permit to allow the expansion of an existing mini-warehouse facility at 1655 S. Major Drive with a waiver of the tree requirement along the east property line SUBSEQUENT ACTION None. RECOMMENDED BY Planning Commission, City Manager, Public Works Director and the Planning Manager. RECOMMENDED MOTION Approve/Deny a request for an amended specific use permit to allow the expansion of an existing mini-warehouse facility at 1655 S. Major Drive with a waiver of the tree requirement along the east property line. FILE 1678-P: Request for an amended specific use permit to allow the expansion of an NORTH existing mini-warehouse facility. k Location: 1655 S. Major Drive A ' Applicant: Eugene R. Allen SCALE oo Q � 10 July 29,2003 Consider approving a request for an HC-L (Historic Cultural-Landmark Preservation)Designation to be placed on the homestead of Elmo R. Willard, III at 1325 E. Gladys City of Beaumont •RI• Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Stephen C. Richardson, Planning Manager MEETING DATE: July 29, 2003 AGENDA MEMO DATE: July 22, 2003 REQUESTED ACTION: Council consider a request for an HC-L(Historic Cultural-Landmark Preservation)Designation to be placed on the homestead of Elmo R. Willard, III at 1325 E. Gladys. RECOMMENDATION The Administration recommends approval of the request for an HC-L(Historic Cultural-Landmark Preservation)Designation to be placed on the homestead of Elmo R. Willard,III at 1325 E. Gladys. BACKGROUND Patricia Willard,the applicant,is requesting that the home at 1325 Gladys be designated as a City of Beaumont historic site. This property is the homestead of Elmo R- Willard. Built in 1927,Ms. Willard states that it was the first two story brick home built and owned by an African American family in Beaumont. Mr.Willard and his son,Elmo Willard,Jr.,were businessmen and landowners. The family owned and operated a funeral home, the Willard and Willard Funeral Home, on Forsythe for several decades. The Willards owned a number of properties in the downtown area and well as in other parts of the city. Elmo R.Willard,III was born in the homestead. He attended Beaumont public schools and went on to graduate from Fisk University. In 1954, he earned his law degree from Howard University Law School in Washington, D.C. He returned to Beaumont to practice law for 37 years. During that time,he and his law partner made a difference in the lives of all citizens in Beaumont by desegregating all public facilities. To recognize Mr. Willard's efforts in the struggle for civil rights, a new city library that opened in 1998 was named in his honor. The house is listed in the 1990 SPARE Beaumont Survey. It is of the Vernacular Tudor Revival style. Ms.Willard states that legend has it that this home was such a unique structure for an African American family during that time that spectators took their lunch to the site and watched the construction from across the street. BUDGETARY IMPACT None. PREVIOUS ACTION At a Joint Public Hearing held July 21, 2003, the Planning Commission voted 8:0 to approve a request for an HC-L Designation to be placed on the homestead of Elmo R. Willard, III at 1325 E. Gladys. At a Public Hearing held July 14, 2003, the Historic Landmark Commission voted 10:0 to approve a request for an HC-L Designation to be placed on the homestead of Elmo R. Willard,III at 1325 E. Gladys. SUBSEQUENT ACTION None. RECOMMENDED BY Planning Commission, City Manager,Public Works Director and the Planning Manager. RECOMMENDED MOTION Approve/Deny a request for an HC-L Designation to be placed on the homestead of Elmo R.Willard, III at 1325 E. Gladys. • i Tw /JW X !S� , FILE 45-HC: Request for an HC-L (Historic Cultural- Landmark Preservation) NORTH Designation to be placed on the homestead of Elmo R. Willard. Location: 1325 Gladys 1 Applicant: Patricia Willard SCALE —� soo 1 La/1SGINA AW • l • AOtWrw LINE WAVES we %.00ry LOU151ANA AVE. — —_ _ ,. - TV • so ao io sa - - .so so io we OF .I a 9 29 q + I : (� s . � T SLA rS Ay • ar to en - !o 2 � GLADYS AVE. . 0 Q n .+ I. ,, j , . . . , 20 >r z 40 e 10 E A p AY �. i - - EVALON AVE /3c� x /247 so so i {{ 1 ♦ r f . J I FjiA so N w' E A5HLEY AVE. 1 m a so So _ ff -- -- - LON AVE. jr 1 f ♦ 1 p _ � ii S I ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING ORDINANCE 01-027, TO ALLOW THE EXPANSION OF THE EXISTING MINI-WAREHOUSE FACILITY AND TO WAIVE THE TREE REQUIREMENT ALONG THE EAST PROPERTY LINE AT THE LOCATION OF 1655 SOUTH MAJOR DRIVE AT FOLSOM DRIVE; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR REPEAL. BE IT ORDAINED BY THE CITY OF BEAUMONT: THAT Ordinance 01-027 passed on March 27, 2001 by the City Council of the City of Beaumont is hereby amended as follows: Section 1. That a specific use permit to allow the construction of a 40,000 square foot climate- controlled mini-warehouse facility in a GC-MD-2 (General Commercial-Multiple Family Dwelling) District located at 1655 South Major Drive, granted to Eugene R. Allen, his legal representatives, successors and assigns, is hereby amended to allow the expansion of the existing mini-warehouse facility and to waive the tree requirement along the east property line, as shown on Exhibit "A," attached hereto; and, 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 30 of the Code of Ordinances of Beaumont, Texas, as amended. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 29th day of July, 2003. - Mayor Evelyn M. Lord - FILE 1678-P: Request for an amended specific use permit to allow the expansion of an NORTH existing mini-warehouse facility. - Location: 1655 S. Major Drive Applicant: Eugene R. Allen SCALE V=200' Orr 14 GC- NOD R-S 11 Ta-2 to f d J R M e • sIR Ar L K • O w '�, i4 ',FR.4ZlFR1 1 -�_7. -. ., _ OR p.160�f 1'3 d 0 EXHIBIT "A" ---------------........... ............ '7,��--- --------- ----------------- e q. - -------------- ----------- ------------- ------------------- P0551M FU UT 240' 26-6'�Ll�-COKVMONEP,CLF 5forA6� 2oa. I II 2o Ul —7 X/ 1/z [7 7 z 1 17 11111 7 [I in Va- 7 -�EXISTI G1740,0000 C L LIMATE=CO TROLLED_ - -- - - _ !1 i / 7m %.: - !p, COL SELF-STORA ;E--WAREHO E ------- Ff -------- 2o.(MNI awm 5fwa A .............. iii 5WI-1—9 fflvarKrltz "s"IMP141A 9&Ymi SITE PLAN uwfmEVen Mmflaf SOUTH MAJOR DRIVE O z 100 PROPOSED ADDITIONS TO Ell"4 1 1 1 i i 5-STAR STORAGE FACILITY EXHIBIT"B" VRaUl, c�nmn7o!-1 fvin MM-) 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 ESTABLISHING AN HC-L (HISTORICAL-CULTURAL LANDMARK PRESERVATION) DESIGNATION FOR THE HOMESTEAD OF ELMO R WILLARD, III, LOCATED AT 1325 E. GLADYS, 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 establishing an HC-L (Historical-Cultural Landmark Preservation) designation for the homestead of Elmo R. Willard, III, located at 1325 E. Gladys, being Lots 2 and 3, Block 26, Jirou Addition, City of Beaumont, Jefferson County, Texas, containing 0.32 acres, more or less, as shown on Exhibit"A"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 herein above described shall be subject to all of the applicable regulations contained in Chapter 30 of the Code of Ordinances of Beaumont, Texas, as amended. G:\CGWGENDA\ORDINANC\HISTORIC.DES Section 3. That if any section, subsection, sentence, clause of phrase of this ordinance, or the application of same to a particular set of persons or circumstances, should for any reason be held to be invalid, such invalidity shall not affect the remaining portions of this ordinance, and to such end, the various portions and provisions of this ordinance are declared to be severable. Section 4. That all ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only. Section 5. That any person who violates any provision of this ordinance shall, upon conviction, be punished, as provided in Section 1-8 of the Code of Ordinances of Beaumont, Texas. PASSED BY THE CITY COUNCIL of the City of Beaumont on this the 25th day of July, 2003. - Mayor- GAMAGENDMORDINANCHSTORIC.DES FILE 45-HC: Request for an HC-L (Historic Cultural - Landmark Preservation) NORTH Designation to be placed on the homestead of Elmo R. Willard. Location: 1325 Gladys Applicant: Patricia Willard SCALE V=200' I J !o Li,vE ewes MC LOUISIANA AVE. wo n 9 29 4 c I Aar lS o _ 4 6LA rs r AY� ---- _. JO wl L 4 1 GLADYS AVE. 0 x _ ' a n I f �. o ►- i N Z g ti rr i -j • • AP • Ar I s . s .v i Y _Z Q ♦ • ♦ r u r� L • ♦ » 'a so yo F I O O I fO s. /Y EVALON AVE JO 20 ju so � '� • s r a t O � I - I I I j v s • a s t s A • � ��i N c ♦ I ♦ � ♦ iASHLEY AVE. ♦ I I V '0 - - i I I r9 ♦ a a1fl 1 11 • / i I - -- - LO N AVE. _. - p I I � � - I i • �it I • ! I ♦ I f J • EXHIBIT "A" 11 July 29, 2003 Consider approving a request to abandon the alley between Lots 7 and 8, Block 8, Caldwood Addition W~- Cit y of Beaumont •w_ Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Stephen C. Richardson, Planning Manager MEETING DATE: July 29, 2003 AGENDA MEMO DATE: July 22, 2003 REQUESTED ACTION: Council consider a request to abandon the alley between Lots 7 and 8, Block 8, Caldwood Addition. RECOMMENDATION The Administration recommends denial of the request to abandon the alley between Lots 7 and 8, Block 8, Caldwood Addition. BACKGROUND Linda Tinkle, the applicant and property owner of one of the adjacent lots, is requesting the abandonment of a 20'x 197'portion ofthe alley that is located between 235 and 245 West Caldwood. This item was sent to all interested parties. The City Engineer and the Streets and Drainage Superintendent both objected to the alley abandonment. The City may utilize this alley for the placement of storm water pipes to relieve flooding in the area. BUDGETARYIMPACT None. PREVIOUS ACTION At a Regular Meeting held July 21, 2003,the Planning Commission voted 8:0 to deny a request to abandon the alley between Lots 7 and 8, Block 8, Caldwood Addition SUBSEQUENT ACTION None. RECOMMENDED BY Planning Commission, City Manager, Public Works Director and the Planning Manager. RECOMMENDED MOTION Approve/Deny a request to abandon the alley between Lots 7 and 8, Block 8, Caldwood Addition. -I.�o Xc FILE 654-OB: Request to abandon the alley between Lots 7 and 8, Block 8, Caldwood NORTH Addition. Location: 235 Caldwood Drive Applicant: Linda Tinkle SCALE 11'=200' to jo ra!♦ s t � � �D mse � er J eMx d ` s e, -6dQ fl c. N � 1tiL7 7 �1 1! d6 ! ..go/ 4 N er EC1E) pe r '006 1oa , O p W o . � g F O O 00 0 U 8 O !O 3 Q U t W a %u U ORNE . / SOt V CXIS 1000 II(E ) n ORDINANCE NO. ENTITLED AN ORDINANCE ABANDONING THE ALLEY BETWEEN 235 AND 245 WEST CALDWOOD IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. BE IT ORDAINED BY THE CITY OF BEAUMONT: THAT the alley between 235 and 245 West Caldwood, as shown below and on Exhibit"A" attached hereto, be and the same is hereby vacated and abandoned: Being a 20' x 197' portion of the alley located between Lots 7 and 8, Block 8, Caldwood Addition, beginning at the east right-of-way line of West Caldwood Drive and continuing in an easterly direction to what is the southeast corner of Lot 7 and the northeast corner of Lot 8, Block 8, Caldwood Addition, containing 0.09 acres, more or less. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 29th day of July, 2003. - Mayor Evelyn M. Lord - FILE 654-OB: Request to abandon the alley between Lots 7 and 8, Block 8, Caldwood NORTH Addition. Location: 235 Caldwood Drive A Applicant: Linda Tinkle SCALE 1"=200' AP 10 d 659 r bb 1 1 D J 'SIR O • • ' . ! AU 7 G.•I N o 'fI 19Q 1 H 16i dLo J9 91 9 U EC11D :� 7 <J � l�J9 100 W rr C 0 • to 8 5 . 0 u• O 3 , a o - .1 y '� J I n Q • ,, Q • oRwE CAI-OW o00 5o . r`I . /" ' 111 • - i EXHIBIT "A" 12 July 29, 2003 Consider authorizing the City Manager to execute the renewal of a lease agreement for EMS facilities ti ..7eii City of Beaumont Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Kirby Richard, Central Services Director MEETING DATE: July 29, 2003 AGENDA MEMO DATE: July 22, 2003 REQUESTED ACTION: Council consider authorizing the City Manager to execute the renewal of a lease agreement for EMS facilities. RECOMMENDATION Administration recommends authorizing the City Manager to execute a three (3) year lease agreement with Madeline L. Walker, for EMS Medic No. 5 facilities located at 6452 Concord Road, at a monthly rental fee of$1,270. BACKGROUND The City originally entered into a three(3)year lease agreement with Madeline L. Walker on July 1, 2000 for the use of approximately 900 square feet of office space located at 6452 Concord Road, to serve as the primary operational headquarters for EMS Medic No. 5. This EMS station serves the north end of the City. The previous rental fee was$1,170 per month;however,the owner feels a modest increase of$100 per month is required for the renewed lease. The monthly rental fee includes utilities and garbage disposal. Most of the other provisions of the previous lease remain the same. However, a special provision was added to allow the City to terminate the agreement with 60 days advanced written notice, should the need arise. The landlord is responsible for all maintenance and repairs of the facility,including parking lots and driveways.The City is responsible for telecommunications and housekeeping of the leased premises. A copy of the lease in its substantial form is attached for your review. Renew Lease Agreement—EMS Med No. 5 July 22,2003 Page 2 BUDGETARYIMPACT As consideration for the leased premises,the City agrees to pay a monthly rental fee of$1,270 for the three-year term of the lease. Funds are available from 2000 Consolidated Block Grant (CDBG) allocation. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager, Central Services Director and Public Health Director. RECOMMENDED MOTION Approve/Deny authorizing the City Manager to execute the renewal of a lease agreement with Madeline L. Walker, for office space located at 6252 Concord, for a three-year term at a monthly rental fee of$1,270. TEXAS ASSOCIATION OF REALTORS® COMMERCIAL LEASE USE OF THIS FORM BY PERSONS WHO ARE NOT MEMBERS OF THE TEXAS ASSOCIATION OF REALTORS®IS NOT AUTHORIZED. OTexas Association of REALTORS®,Inc.2002 Table of Contents No. Paragraph Description Po. No. Paragraph Description Po. 1. Parties 2 22. Holdover 11 2. Leased Premises 2 23. Landlord's Lien & Security Interest 11 3. Term 2 24. Assignment-and Subletting 11 A. Term 25. Relocation 11 B. Delay of Occupancy 26. Subordination 11 4. Rent and Expenses 3 27. Estoppel Certificates 12 A. Base Monthly Rent 28. Casualty Loss 12 B. First Full Month's Rent 29. Condemnation 12 C. Prorated Rent 30. Attorney's Fees 12 D. Additional Rent 31. Representations 13 E. Place of Payment 32. Brokers 13 F. Method of Payment 33. Addenda 13 G. Late Charges 34. Notices 14 H. Returned Checks 35. Special Provisions 14 5. Security Deposit 4 36. Agreement of the Parties 14 6. Taxes 4 7. Utilities 4 ADDENDA & EXHIBITS (check all that apply) 8. Insurance 5 9. Use and Hours 6 RD Exhibit A. Property Legal Description 10. Legal Compliance 6 901 Exhibit B. Office Development Site Plan 11. Signs 7 Ell Commercial Lease Addendum for Broker's Fee 12. Access By Landlord 7 ❑ Commercial Lease Expense Reimbursement 13. Move-In Condition 7 Addendum 14. Move-Out Condition 7 ❑ Commercial Lease Addendum for Extension 15. Maintenance and Repairs 8 Option A. Cleaning. ❑ Commercial Lease Addendum for Percentage B. Conditions Caused by a Party. Rent C. Repair& Maintenance Responsibility ❑ Commercial Lease Parking Addendum D. Repair Persons ❑ Commercial Landlord's Rules and Regulations E. HVAC Service Contract ❑ Commercial Lease Guaranty F. Common Areas ❑ Commercial Lease Right of First Refusal G. Notice of Repairs Addendum H. Failure to Repair ❑ Commercial Lease Addendum for Optional 16. Alterations g Space 17. Liens 9 ❑ Commercial Leasehold Construction Addendum 18. Liability 10 ❑ 19. Indemnity 10 Cl 20. Default 10 21. Abandonment, Interruption of Utilities, Removal of Property.& Lockout 10 (TAR-2101)6-7-02 Initialed for Identification by Tenants: ,and Landlord: Page 1 of 15 burns properties inc.290 dowlen rd.#204, beaumont tx 77706 Phone:409 866 2398 Fax: 409 860 5208 Bums Properties Inc. T5334056.ZFX Produced with ZipForrn° by RE FormsNet,LLC 18025 Fifteen Mile Road,Clinton Township,Michigan 48035,(800)383-9805 TEXAS ASSOCIATION OF REALTORS© COMMERCIAL LEASE USE OF THIS FORM BY PERSONS WHO ARE NOT MEMBERS OF THE TEXAS ASSOCIATION OF REALTORS®IS NOT AUTHORIZED. ©Texas Association of REALTORS®,Inc.2002 1. PARTIES: The parties to this lease are: Tenant: City of Beaumont Texas ; and Landlord: Madeline L. Walker ; and 2. LEASED PREMISES: A. Landlord leases to Tenant the following described real property, known as the 'leased premises," along with all its improvements (Check only one box): M (1) Multiple-Tenant Property: Suite or Unit Number 645? containing approximately Son square feet of rentable area in Concord square Office Park (building name) at 6452 Concord Road, Beaumont, T% 77708 (address) in Beaumont (city), Jefferson (county), Texas, which is legally described on attached Exhibit"'A" or as follows: ❑ (2) Single-Tenant Property: The real property at: (address) in (city), (county), Texas, which is legally described on attached Exhibit or as follows: B. If Paragraph 2A(1) applies: (1) "Property" means the building or complex in which the leased premises are located, inclusive of any common areas, drives, parking areas, and walks; and (2) the parties agree that the rentable area of the leased premises may not equal the actual or useable area within the leased premises and may include an allocation of common areas in the Property. 3. TERM: A. Term: The term of this lease is 36 months and days, commencing on: Juiy 1, 2003 (Commencement Date) and ending on June 30, 2006 (Expiration Date). subject to provisions of Paragraph 35.1. (TAR-2101)6-7-02 Initialed for Identification by Tenants: ,and Landlord: Page 2 of 15 Produced with ZipFormTM by RE FonnsNel,LLC 18025 Fifteen Mile Road,Clinton Township,Michigan 48035,(800)383-9805 T5334056.ZFX Commercial Lease concerning: 6452 Concord Road, Beaumont, TX B. Delay of Occupancy: If Tenant is unable to occupy the leased premises on the Commencement Date because of construction on the leased premises to be completed by Landlord that is not substantially complete or a prior tenant's holding over of the leased premises, Landlord will not be liable to Tenant for such delay and this lease will remain enforceable. In the event of such a delay, the Commencement Date will automatically be extended to the date Tenant is able to occupy the Property and the Expiration Date will also be extended by a like number of days, so that the length of this lease remains unchanged. If Tenant is unable to occupy the leased premises after the 90th day after the Commencement Date because of construction on the leased premises to be completed by Landlord that is not substantially complete or a prior tenant's holding over of the leased premises, Tenant may terminate this lease by giving written notice to Landlord before the leased premises become available to be occupied by Tenant and Landlord will refund to Tenant any amounts paid to Landlord by Tenant. This Paragraph 3B does not apply to any delay in occupancy caused by cleaning or repairs. C. Unless the parties agree otherwise, Tenant is responsible for obtaining a certificate of occupancy for the leased premises if required by a governmental body. 4. RENT AND EXPENSES: A. Base Monthly Rent: On or before the first day of each month during this lease, Tenant will pay Landlord base monthly rent as described on attached Exhibit or as follows: from July 1 , 2003 to June 30-2006 $ 1270.00/Month from to $ from to $ ; from to $ from to $ B. First Full Month's Rent:The first full base monthly rent is due on or before July 1, 2003 C. Prorated Rent: If the Commencement Date is on a day other than the first day of a month, Tenant will pay Landlord as prorated rent, an amount equal to the base monthly rent multiplied by the following fraction: the number of days from the Commencement Date to the first day of the following month divided by the number of days in the month in which this lease commences. The prorated rent is due on or before the Commencement Date. D. Additional Rent: In addition to the base monthly rent and prorated rent, Tenant will pay Landlord all other amounts, as provided by the attached (Check all that apply.): ❑ (1) Commercial Expense Reimbursement Addendum ❑ (2) Commercial Percentage Rent Addendum ❑ (3) Commercial Parking Addendum ❑ (4) All amounts payable under the applicable addenda are deemed to be "rent" for the purposes of this lease. E. Place of Payment: Tenant will remit all amounts due Landlord under this lease to the following person at the place stated or to such other person or place as Landlord may later designate in writing: Name: Madeline L. Walker, c/o Scott Walker Address: 3610 Newcastle Houston, T% 77027 (TAR-2101)6-7-02 Initialed for Identification by Tenants: ,and Landlord: Page 3 of 15 Produced with ZipForrn-by RE Fw=Nel.LLC 18026 Fifteen Mile Road,Clinton Township,Michigan 48035,(800)383.9805 T5334056.ZFX Commercial Lease concerning: 6452 Concord Road, Beaumont, T% 77708 F. Method of Payment: Tenant must pay all rent timely without demand, deduction, or offset, except as permitted by law or this lease. If Tenant fails to timely pay any amounts due under this lease or if any check of Tenant is returned to Landlord by the institution on which it was drawn, Landlord after providing written notice to Tenant may require Tenant to pay subsequent amounts that become due under this lease in certified funds. This paragraph does not limit Landlord from seeking other remedies under this Lease for Tenant's failure to make timely payments with good funds. G. Late Charges: If Landlord does not actually receive a rent payment at the designated place of payment ® within I days after the date it is due, Tenant will pay Landlord a late charge equal to 5% of the amount due. In this paragraph, the mailbox is not the agent for receipt for Landlord. The late charge is a cost associated with the collection of rent and Landlord's acceptance of a late charge does not waive Landlord's right to exercise remedies under Paragraph 20. H. Returned Checks: Tenant will pay $ None (not to exceed $25) for each check Tenant tenders to Landlord which is returned by the institution on which it is drawn for any reason, plus any late charges until Landlord receives payment. 5. SECURITY DEPOSIT: A. Upon execution of this lease, Tenant will pay $ None to Landlord as a security deposit. B. Landlord may apply the security deposit to any amounts owed by Tenant under this lease. If Landlord applies any part of the security deposit during any time this lease is in effect to amounts owed by Tenant, Tenant must, within 10 days after receipt of notice from Landlord, restore the security deposit to the amount stated. C. After Tenant surrenders the leased premises to Landlord and provides Landlord written notice of Tenant's forwarding address, Landlord will, not later than the time required by §93.005, Texas Property Code, refund the security deposit less any amounts applied toward amounts owed by Tenant or other charges authorized by this lease. The parties agree that Landlord acts in good faith if Landlord accounts for the security deposit within the time stated. 6. TAXES: Unless otherwise agreed by the parties, Landlord will pay all real property ad valorem taxes assessed against the leased premises. 7. UTILITIES: A. The parry designated below will pay for the following utility charges to the leased premises and any connection charges for the utilities.(Check all that apply.) NA Landlord Tenant (1) Water � � ❑ (2) Sewer (3) Electric ❑ 0 (4) Gas ❑ ❑ Ull (5) Telephone Cl ❑ (M (6) Trash(Garbage) ❑ M El(7) Cable ❑ ❑ (M (8) Medical Waste ❑ ❑ Ull (9) All other utilities ❑ ❑ ❑ (TAR-2101)6-7-02 Initialed for Identification by Tenants: ,and Landlord: Page 4 of 15 Produced with ZipFamTM by RE FormsNet,LLC 18025 Fifteen Mile Road.Clinton Township,Michigan 48035,(800)383-9805 T5334056.ZFX Commercial Lease concerning: 6452 Concord Road. Beaumont, TX 77708 B. The party responsible for the charges under Paragraph 7A will pay the charges directly to the utility service provider. The responsible party may select the utility service provider except that if Tenant selects the provider any access or alterations to the Property or leased premises necessary for the utilities may be made only with Landlord's prior consent, which Landlord will not unreasonably withhold. If Landlord incurs any liability for utility or connection charges for which Tenant is responsible to pay and Landlord pays such amount, Tenant will immediately upon written notice from Landlord reimburse Landlord such amount. C. Notice: Tenant should determine if all necessary utilities are available to the leased premises and are adequate for Tenant's intended use. D. After-Hours HVAC Charges: "HVAC services" means the utility expenses to heat and cool the leased premises. (Check one box only.) d (1) Landlord is obligated to provide the HVAC services to the leased premises only during the Property's operating hours specified under Paragraph 9C. (2) Landlord will provide the HVAC services to the leased premises during the operating hours specified under Paragraph 9C for no additional charge , services to the leased premises during other hours for an additional c per hour. Tenant will pay Landlord the charges u ragraph immediately upon receipt of Landlord's invoice. Hourly cha arged on a half-hour basis. Any partial hour will be rounded u a our. Tenant will comply with Landlord's procedures to make a request d (3) Tenant will pay for the HVAC services under this lease. 8. INSURANCE: enant is Self Insured for all general and automobile liability claims and as no fire and extended coverage insurance on the leased premises or the contents belongin to Tenant. A. TenaRt Fnw6t, at Tenant's expense, maintain im full feree a--[ from an insurer authorized to operate in Texas: (1) public liability insurance in an amount not less than $1,000,000.00 on an occurrence b s naming Landlord as an additional insured; and (2) personal property damage insurance for Tenant's business operations and c ents on the leased premises in an amount sufficient to replace such contents after a casualty S. B. Before the Commencement Date, Tenant must provide Landlord wit copy of the insurance certificates evidencing the required coverage. If the insurance coverage nges in any manner or degree at any time this lease is in effect, Tenant must, not later than 10 s after the change, provide Landlord a copy of an insurance certificate evidencing the change. C. If Tenant fails to maintain the required insu ce in full force and effect at all times.this lease is in effect, Landlord may: (1) purchase insurance that will vide Landlord the same coverage as the required insurance and Tenant must immediatel imburse Landlord for such expense; or (2) exercise Landlord's edies under Paragraph 20. D. Unless the p ' s agree otherwise, Landlord will, at Landlord's expense, maintain in full force and effect insuranc r fire and extended coverage in an amount to cover the reasonable replacement cost of the imp ements of the Property and public liability insurance in an amount that Landlord determines (TAR-2101)6-7-02 Initialed for Identification by Tenants: ,and Landlord: Page 5 of 15 Produced with ZipForrnTM by RE FonnsNet,LLC 18025 Fifteen Mile Road,Union Township,Michigan 48035,(800)983.9805 T5334056.ZFX Commercial Lease concerning: ,6452 Concord Road, Beaumont, TX 77708 E. ' contents that is caused by Tenant, Tenant's. use of the leased premi ovements made by or for Tenant, Tenant will, for eac�year,ths_lease-is-in-effect, pay Landlord the increase immediately after Landlord rease. Any charge to Tenant under this Paragraph 8D will be 9. USE AND HOURS: A. Tenant may use the leased premises for the following purpose and no other: Emergency Medical Services Station (EMS) B. Unless otherwise specified in this lease, Tenant will operate and conduct its business in the leased premises during business hours that are typical of the industry in which Tenant reprgsents it operates. Tenant may operate 24 Hours per Day, 7 Days per Week for the 36 Month Lease Term C. The Property maintains operating hours of (specify hours, days of week, and if inclusive or exclusive of weekends and holidays): (See 9.B. above) 10. LEGAL COMPLIANCE: A. Tenant may not use or permit any part of the leased premises to be used for: (1) any activity which is a nuisance or is offensive, noisy, or dangerous; (2) any activity that interferes with any other tenant's normal business operations or Landlord's management of the Property; (3) any activity that violates any applicable law, regulation, zoning ordinance, restrictive covenant, governmental order, owners' association rules, tenants' association rules, Landlord's rules or regulations, or this lease; (4) any hazardous activity that would require any insurance premium on the Property or leased premises to increase or that would void any such insurance; (5) any activity that violates any applicable federal, state, or local law, including but not limited to those laws related to air quality, water quality, hazardous materials, wastewater, waste disposal, air emissions, or other environmental matters; (6) the permanent or temporary storage of any hazardous material; or (7) B. "Hazardous material" means any pollutant, toxic substance, hazardous waste, hazardous material, hazardous substance, solvent, or oil as defined by any federal, state, or local environmental law, regulation, ordinance, or rule existing as of the date of this lease or later enacted. C. Landlord does not represent or warrant that the leased premises or Property conform to applicable restrictions, zoning ordinances, setback lines, parking requirements, impervious ground cover ratio requirements, and other matters that may relate to Tenant's intended use. Tenant must satisfy itself that the leased premises may be used as Tenant intends by independently investigating all matters related to the use of the leased premises or Property. Tenant agrees that it is not relying on any warranty or representation made by Landlord Landlord's agent or any broker concerning the use of the leased premises or Property. (TAR-2101)6-7-02 Initialed for Identification by Tenants: ,and Landlord: Page 6 of 15 Produced with ZipForm-by RE FormsNet.LLC 18025 Fifteen Mile Road,Clinton Township,Michigan 48035,(800)383-9805 T5334056.ZFX Commercial Lease concerning: 6452 Concord Road, Beaumont, T% 77708 11.SIGNS: A. Tenant may not post or paint any signs at, on, or about the leased premises or Property without Landlord's written consent. Landlord may remove any unauthorized sign, and Tenant will promptly reimburse Landlord for its cost to remove any unauthorized sign. B. Any authorized sign must comply with all laws, restrictions, zoning ordinances, and any governmental order relating to signs on the leased premises or Property. Landlord may temporarily remove any authorized sign to complete repairs or alterations to the leased premises or the Property. C. By providing written notice to Tenant before this lease ends, Landlord may require Tenant, upon move-out and at Tenant's expense, to remove, without damage to the Property or leased premises, any or all signs that were placed on the Property or leased premises by or at the request of Tenant. Any signs that Landlord does not require Tenant to remove and that are fixtures, become the property of the Landlord and must be surrendered to Landlord at the time this lease ends. 12.ACCESS BY LANDLORD: A. During Tenant's normal business hours Landlord may enter the leased premises for any reasonable purpose, including but not limited to purposes for repairs, maintenance, alterations, and showing the leased premises to prospective tenants or purchasers. Landlord may access the leased premises after Tenant's normal business hours if: (1) entry is made with Tenant's permission; or (2) entry is necessary to complete emergency repairs. Landlord will not unreasonably interfere with Tenant's business operations when accessing the leased premises. B. During the last 0 days of this lease, Landlord may place a "For Lease" or similarly worded sign in the leased premises. 13. MOVE-IN CONDITION: Tenant has inspected the leased premises and accepts it in its present (as-is) condition unless expressly,noted otherwise in this lease. Landlord and any gent have made no express or implied warranties as to the condition or permitted use of the leased premises or Property. 14.MOVE-OUT CONDITION AND FORFEITURE OF TENANT'S PERSONAL PROPERTY: A. At the time this lease ends, Tenant will surrender the leased premises in the same condition as when received, except for normal wear and tear. Tenant will leave the leased premises in a clean condition free of all trash, debris, personal property, hazardous materials, and environmental contaminants. B. If Tenant leaves any personal property in the leased premises after Tenant surrenders possession of the leased .premises, Landlord may: (1) require Tenant, at Tenant's. expense, to remove the personal property by providing written notice to Tenant; or (2) retain such personal property as forfeited property to Landlord. C. "Surrender" means vacating the leased premises and returning all keys and access-devices to Landlord. "Normal wear and tear" means deterioration that occurs without negligence, carelessness, accident, or abuse. D. By providing written notice to Tenant before this lease ends, Landlord may require Tenant, upon move-out and at Tenant's expense, to remove, without damage to the Property or leased premises, any or all fixtures that were placed on the Property or leased premises by or at the request of Tenant. Any fixtures that Landlord does not require Tenant to remove become the property of the Landlord and must be surrendered to Landlord at the time this lease ends. (TAR-2101)6-7-02 Initialed for Identification by Tenants: ,and Landlord: Page 7 of 15 Produced with ZipFonn-by RE FormsNet.LLC 18025 Fifteen We Road,Clinton Township,Michigan 48035,(800)383-9805 T5334056.ZFX Commercial Lease concerning: 6452 Concord Road, Beaumont, T% 77708 15. MAINTENANCE AND REPAIRS: A. Cleaning: Tenant must keep the leased premises clean and sanitary and promptly dispose of all garbage in appropriate receptacles. ❑ Landlord (]g Tenant will provide, at its expense, janitorial services to the leased premises that are customary and ordinary for the Property type. B. Repairs of Conditions Caused by a Party: Each party must promptly repair a condition in need of repair that is caused, either intentionally or negligently, by that party or that party's guests, patrons, invitees, contractors or permitted subtenants. C. Repair and Maintenance Responsibility: Except as provided by Paragraph 1513, the party designated below, at its expense, is responsible to maintain and repair the following specified items in the leased premises. The specified items must be maintained in clean and good operable condition. If a governmental regulation or order requires a modification to any of the specified items, the party designated to maintain the item must complete and pay the expense of the modification. The specified items include and relate only to real property in the leased premises. Tenant is responsible for the repair and maintenance of its personal property. (Check all that apply.) NA Landlord Tenant (1) Foundation, exterior walls, roof, and other structural components ❑ ❑ (2) Glass and windows ❑ (� ❑ (3) Fire protection equipment and fire sprinkler systems ❑ ❑ (4) Exterior & overhead doors, including closure devices, molding ❑ Cl locks, and hardware (5) Grounds maintenance, including landscaping and ground ❑ W ❑ sprinklers (6) Interior doors, including closure devices, frames, molding, locks, Cl III ❑ and hardware (7) Parking areas and walks ❑ ❑ (8) Plumbing systems, drainage systems, electrical systems, ballast ❑ [� ❑ and lamp replacement, and mechanical systems, except those specifically designated otherwise (9) Heating Ventilation and Air Conditioning (HVAC) systems ❑ ❑ (10) Signs and lighting: (a) Pylon El ❑ ❑ (b) Facia El 0 x (c) Monument In ❑ ❑ (d) Door/Suite ❑ ❑ a (11) Extermination and pest control, excluding wood-destroying insects Cl Cl d (12) Storage yards and storage buildings ❑ ❑ (13) Wood-destroying insect treatment and repairs ❑ ❑ (14) Cranes and related systems ❑ ❑ (15) ❑ ❑ (16) E ❑ ❑ (17) All other items and systems. ❑ ❑ M D. Repair Persons: Repairs must be completed by trained, qualified, and insured repair persons. (TAR-2101)6-7-02 Initialed for Identification by Tenants: ,and Landlord: Page 8 of 15 Produced with ZipForm-by RE FormsNel,LLC 18025 Fifteen Mile Road,Clinton Township,Michigan 48035,(800)383-9805 T5334056.ZFX Commercial Lease concerning: 6452 Concord Road, Beaumont, T% 77708 E. HVAC Service Contract: if Tenant maintains the HVAC system under Paragraph 15C(9), Tenant❑ is K is not required to maintain, at its expense, a regularly scheduled maintenance and service contract for the HVAC system. The maintenance and service contract must be purchased from a HVAC maintenance company that regularly provides such contracts to similar properties. If Tenant fails to maintain a required HVAC maintenance and service contract in effect at all times during this lease, Landlord may do so and charge Tenant the expense of such a maintenance and service contract or exercise Landlord's remedies under Paragraph 20. F. Common Areas: Landlord will maintain any common areas in the Property in a manner as Landlord determines to be in the best.interest of the Property. Landlord will maintain any elevator and signs in the common area. Landlord may change the size, dimension, and location of any common areas, provided that such change does not materially impair Tenant's use and access to the leased premises. Tenant has the non-exclusive license to use the common areas in compliance with Landlord's rules and restrictions. Tenant may not solicit any business in the common areas or interfere with any other person's right to use the common areas. This paragraph does not apply if Paragraph 2A(2) applies. G. Notice of Repairs:Tenant must promptly notify Landlord of any item that is in need of repair and that is Landlord's responsibility to repair. All requests for repairs to Landlord must be in writing. H. Failure to Repair:Landlord must make a repair for which Landlord is responsible within a reasonable period of time after Tenant provides Landlord written notice of the needed repair. if Tenant fails to repair or maintain an item for which Tenant is responsible within 10 days after Landlord provides Tenant written notice of the needed repair or maintenance, Landlord may: (1) repair or maintain the item, without liability for any damage or loss to Tenant, and Tenant must immediately reimburse Landlord for the cost to repair or maintain; or (2) exercise Landlord's remedies under Paragraph 20. 16. ALTERATIONS: A. Tenant may not alter, improve, or add to the Property or the leased premises without Landlord's written consent. Landlord will not unreasonably withhold consent for the Tenant to make reasonable non-structural alterations, modifications, or improvements to the leased premises. B. Tenant may not alter any locks or any security devices on the Property or the leased premises without Landlord's consent. If Landlord authorizes the changing, addition, or rekeying of any locks or other security devices, Tenant must immediately deliver the new keys and access devices to Landlord. C. If a governmental order requires alteration or modification to the leased premises, the party obligated to maintain and repair the item to be modified or altered as designated in Paragraph 15 will, at its expense, modify or alter the item in compliance with the order. D. Any alterations, improvements,.fixtures or additions to the Property or leased premises installed by either party during the term of this lease will become Landlord's property and must be surrendered to Landlord at the time this lease ends, except for those fixtures Landlord. requires Tenant to remove under Paragraph 11 or 14 or if the parties agree otherwise in writing. 17. LIENS: Tenant may not do anything that will cause the _title of the Property or leased premises to be encumbered in any way. If Tenant causes a lien to be filed against the Property or leased premises, Tenant will within 20 days after receipt of Landlord's demand: (1) pay the lien and have the lien released of record; or (2) take action to discharge the lien. Tenant will provide Landlord a copy of any release Tenant obtains pursuant to this paragraph. (TAR-2101)6-7-02 Initialed for Identification by Tenants: ,and Landlord: Page 9 of 15 Produced with ZipFonn91 by RE FormsNet,LLC 18025 Fifteen Mile Road,Clinton Township,Michigan 48035,(800)383.9805 T5334056.ZFX Commercial Lease concerning: 6452 Concord Road, Beaumont, IX 77708 18. LIABILITY:To the extent permitted by law, Landlord is NOT responsible to Tenant or Tenant's employees, patrons quests or invitees for any damages injuries or losses to person or property caused by. A. an act omission or neglect of: Tenant; Tenant's agent; Tenant's quest: Tenant's employees; Tenant's patrons; Tenant's invitees-, or any other tenant on the Property; B. fire flood water leaks ice snow, hail winds explosion smoke riot strike interruption of utilities, theft burglary, robbery, assault vandalism other persons environmental contaminants, or other occurrences or casualty losses. 19. INDEMNITY: Each party will indemnify and hold the other party harmless from any property damage, personal iniury, suits actions liabilities damages cost of repairs or service to the leased premises or Property, or any other loss caused negligently or otherwise by that party or that party's employees, patrons guests or invitees. to the extent allowed by law. 20. DEFAULT; A. If Landlord fails to comply with this lease within 30 days after Tenant notifies Landlord of Landlord's failure to comply, Landlord will be in default and Tenant may seek any remedy provided by law. If, however, Landlord's non-compliance reasonably requires more than 30 days to cure, Landlord will not be in default if the cure is commenced within the 30-day period and is diligently pursued. B. If Landlord does not actually receive at the place designated for payment any rent due under this lease 30 days withintpd after it is due, Tenant will be in default. If Tenant fails to comply with this lease for any other reason within 10 days after Landlord notifies Tenant of its failure to comply, Tenant will be in default. r C. If Tenant is in default VY yable Hed—w4veut—+ietfee—er—dermnd-f Landlord will attempt to mitigate any damage or loss caused by Tenant's breach by using commercially reasonable means. If Tenant is in default, Tenant will be liable for: (1) any lost rent; (2) ' (3) repairs to the leased premises for use beyond normal wear and tear; (4 (5 , aild ( hazardous materials or environmental (7) cost to remove any trash, debris, personal property, , contaminants left by Tenant or Tenant's employees, patrons, guests, or invitees in the leased premises or Property; ($) areas, (9) any o he�ecovery to which Landlord may be entitled under this lease or under law. 21. ABANDONMENT, INTERRUPTION OF UTILITIES, REMOVAL OF PROPERTY, AND LOCKOUT: Chapter 93 of the Texas Property Code governs the rights and obligations of the parties with regard to: (a) abandonment of the leased premises; (b) interruption of utilities; (c) removal of Tenant's property; and (d) "lock-out" of Tenant. (TAR-2101)6-7-02 Initialed for Identification by Tenants: ,and Landlord: Page 10 of 15 Produced with ZipForm"'by RE FormsNet,LLC 15025 Fifteen Mile Road.Clinton Township,Michigan 48035,(800)383-9805 T5334056.ZrX Commercial Lease concerning: 6452 Concord Road, Beaumont, TX 77708 22. HOLDOVER: If Tenant fails to vacate the leased premises at the time this lease ends, Tenant will become a tenant-at-will and must vacate the leased premises immediately upon receipt of demand from Landlord. No holding over by Tenant, with or without the consent of Landlord, will extend this lease. Tenant will indemnify Landlord and any prospective tenants for any and all damages caused by the holdover. Rent for any holdover period will be-L64weJ the base monthly rent d--ernilr �5� fl�� ed& elly to the extent allowed by law. 23. Tenant grants to Landlord a lien and security interest against all mp personal propel that is in the leased premises or us--I se is a security agreement for the purposes of the flt-44efflent/. 24. ASSIGNMENT AND SUBLETTING: Landlord may assign this lease to any subsequent owner of the Property. Tenant may not assign this lease or sublet any part of the leased premises without Landlord's written consent. An assignment of this lease or subletting of the leased premises without Landlord's written consent is voidable by Landlord. If Tenant assigns this lease or sublets any part of the leased premises, Tenant will remain liable for all of Tenant's obligations under this lease regardless if the assignment or sublease is made with or without the consent of Landlord. 25. RELOCATION: a A. By providing Tenant with not less than 90 days,advanced written notice, Landlord may require Tenant to relocate to another location in the Property, provided that the other location is equal in size or larger than the leased premises then occupied by Tenant and contains similar leasehold improvements. Landlord will pay Tenant's reasonable out-of-pocket moving expenses for moving to the other location. "Moving expenses" means reasonable expenses payable to professional movers, utility companies for connection and disconnection fees, wiring companies for connecting and disconnecting Tenant's office equipment required by the relocation, and printing companies for reprinting Tenant's stationary and business cards. A relocation of Tenant will not change or affect any other provision of this lease that is then in effect, including rent and reimbursement amounts, except that the description of the suite or unit number will automatically be amended. ® B. Landlord may riot require Tenant to relocate to another location in the Property without Tenant's prior consent. 26. SUBORDINATION: A. This lease and Tenant's leasehold interest are and will be subject, subordinate, and inferior to: (1) any lien, encumbrance, or ground lease now or hereafter placed on the leased premises or the Property that Landlord authorizes; (2) all advances made under any such lien, encumbrance, or ground lease; (3) the interest payable on any such lien or encumbrance; (4) any and all renewals and extensions of any such lien, encumbrance, or ground lease; (5) any restrictive covenant affecting the leased premises or the Property; and (6) the rights of any owners' association affecting the leased premises or Property. B. Tenant must, on demand, execute a subordination, attornment, and non-disturbance agreement that Landlord may request that Tenant execute, provided that such agreement is made on the condition that this lease and Tenant's rights under this lease are recognized by the lien-holder. (TAR-2101)6-7-02 Initialed for Identification by Tenants: ,and Landlord: Page 11 of 15 Produced with ZipFOrrn 'by RE FormsNeL LLC 18025 Fifteen Mile Road.Clinton Township,Michpan 48035.(800)383-9805 T53340562FX Commercial Lease concerning: 6452 Concord Road, Beaumont, TX 77708 27. ESTOPPEL CERTIFICATES:Within 10 days after receipt of a written request from Landlord, Tenant will execute and deliver to Landlord an estoppel certificate that identifies: A. any breach of the lease; B. the then current rent payment and rent schedule; C. the date the next rent payment is due; D. any advance rent payments; E. the amount of the security deposit; F. any claims for any offsets; G. the then current term of the lease; H. any renewal options; I. Tenant's possession and acceptance of the leased premises and improvements; J. any ownership interest by Tenant; and K. any other information reasonably requested in the certificate. 28. CASUALTY LOSS: A. Tenant must immediately notify Landlord of any casualty loss in the leased premises. Within 20 days after receipt of Tenant's notice of a casualty loss, Landlord will notify Tenant if the leased premises are less than or more than 50% unusable, on a per square foot basis, and if Landlord can substantially restore the leased premises within 120 days after Tenant notifies Landlord of the casualty loss. B. If the leased premises are less than 50% unusable and Landlord can substantially restore the leased premises within 120 days after Tenant notifies Landlord of the casualty, Landlord will restore the leased premises to substantially the same condition as before the casualty. If Landlord fails to substantially restore within the time required, Tenant may terminate this lease. C. If the leased premises are more than 50% unusable and Landlord can substantially restore the leased premises within 120 days after Tenant notifies Landlord of the casualty, Landlord may: (1) terminate this lease; or (2) restore the leased premises to substantially the same condition as before the casualty. If Landlord chooses to restore and does not substantially restore the leased premises within the time required, Tenant may terminate this lease. D. If Landlord notifies Tenant that Landlord cannot substantially restore the leased premises within 120 days after Tenant notifies Landlord of the casualty loss, Landlord may: (1) choose not to restore and terminate this lease; or (2) choose to restore, notify Tenant of the estimated time to restore, and give Tenant the option to terminate this lease by notifying Landlord within 10 days. E. If this lease does not terminate because of a casualty loss, rent will be reduced from the date Tenant notifies Landlord of the casualty loss to the date the leased premises are substantially restored by an amount proportionate to the extent the leased premises are unusable. 29. CONDEMNATION: If after a condemnation or purchase in lieu of condemnation the leased premises are totally unusable for the purposes stated in this lease, this lease will terminate. If after a condemnation or purchase in lieu of condemnation the leased premises or Property are partially unusable for the purposes of this Lease, this lease will continue and rent will be reduced in an amount proportionate to the extent the leased premises are unusable. Any condemnation award or proceeds in lieu of condemnation are the property of Landlord and Tenant has no claim to such proceeds or award. Tenant may seek compensation from the condemning authority for its moving expenses and damages to Tenant's personal property. 30. ' (TAR-2101)6-7-02 Initialed for Identification by Tenants: ,and Landlord: Page 12 of 15 Produced with ZipForm-by RE FormsNet,LLC 18025 Fifteen Mile Road,Clinton Township,Michigan 48035,(800)383-9!305 T5334056.ZFX Commercial Lease concerning: ¢452 Concord Road, Beaumont, T% 77708 31. REPRESENTATIONS: Tenant's statements in this lease and any application for rental are material representations relied upon by Landlord. Each party signing this lease represents that he or she is of legal age to enter into a binding contract and is authorized to sign the lease. If Tenant makes any misrepresentation in this lease or in any application for rental, Tenant is in default. Landlord is not aware of any material defect on the Property that would affect the health and safety of an ordinary person or any environmental hazard on or affecting the Property that would affect the health or safety of an ordinary person, except: 32. BROKERS: A. The brokers to this lease are: None Burns Properties, Inc. 0424819 Cooperating Broker License No. Principal Broker License No. 6845 Phelan Boulevard, Beaumont, T% 77706 Address Address _(409) 866-2398 (409) 860-5208 Phone Fax Phone Fax burns—ar @swbell.net E-mail E-mail Cooperating Broker represents Tenant. Principal Broker: (Check only one box) represents Landlord only. ❑ representsTenant only. ❑ is an intermediary between Landlord and Tenant. B. Fees: (� (1) Principal Broker's fee will be paid according to: (Check only one box). ❑ (a) a separate written commission agreement between Principal Broker and: ❑ Landlord ❑ Tenant. ❑ (b) the attached Addendum for Broker's Fee. ❑ (2) Cooperating Broker's fee will be paid according to: (Check only one box). ❑ (a) a separate written commission agreement between Cooperating Broker and: ❑ Principal Broker ❑ Landlord ❑ Tenant. ❑ (b) the attached Addendum for Broker's Fee. 33. ADDENDA: Incorporated into this lease are the addenda, exhibits and other information marked in the Addenda and Exhibit section of the Table of Contents. If Landlord's Rules and Regulations are made part of this lease, Tenant agrees to comply with the Rules and Regulations as Landlord may, at its discretion, amend from time to time. (TAR-2101)6-7-02 Initialed for Identification by Tenants: ,and Landlord: Page 13 of 15 Produced with ZipForm-by RE FormsNet,LLC 18025 Fifteen Mile Road,Clinton Township,Michigan 48035,(800)383-9805 T5334056.ZFX Commercial Lease concerning: 6452 Concord Road, Beaumont, T% 77708 34. NOTICES: All notices under this lease must be in writing and are effective when hand-delivered, sent by mail, or sent by facsimile transmission to: Tenant at the leased premises, and a copy to: Kyle Hayes, Beaumont City Manager Address: PO Bog 3827, Beaumont, T% 77704 Phone: Fax: Landlord at: Madeline Walker, c/o Scott Walker Address: 3610 Newcastle, Houston, T% 77027 Phone: (713) 627-9181 Fax: (713) 627-3848 and a copy to: Burns Properties, Inc. Address: 6845 Phelan Boulevard, Beaumont, Tx 77706 Phone:__(409) 866-2398 Fax: (409) 860-5208 35. SPECIAL PROVISIONS: Wpm ft' ---risents ditte "1- "s or of '65. _- 35.1 Tenant may terminate this lease by giving Landlord 60 days advance written notice of its desire to terminate. 36. AGREEMENT OF PARTIES: A. Entire Agreement:This lease contains the entire agreement between Landlord and Tenant and may not be changed except by written agreement. B. Binding Effect: This lease is binding upon and inures to the benefit of the parties and their respective heirs, executors, administrators, successors, and permitted assigns. C. Joint and Several: All Tenants are jointly and severally liable for all provisions of this lease. Any act or notice to, or refund to, or signature of, any one or more of the Tenants regarding any term of this lease, its renewal, or its termination is binding on all Tenants. D. Controllinq Law: The laws of the State of Texas govern the interpretation, performance, and enforcement of this lease. (TAR-2101)6-7-02 Initialed for Identification by Tenants: ,and Landlord: Page 14 of 15 Produced with ZipForm-by RE FormsNel,LLC 18025 Fifteen Mile Road,Clinton Township,Michigan 48035,(800)383-9805 T5334056.ZFX Commercial Lease concerning: 6A52 Concord Road, Beaumont, T% 77708 E. Severable Clauses: If any clause in this lease is found invalid or unenforceable by a court of law, the remainder of this lease will not be affected and all other provisions of this lease will remain valid and enforceable. F. Waiver: Landlord's delay, waiver, or non-enforcement of acceleration, contractual or statutory lien, rental due date, or any other right will not be deemed a waiver of any other or subsequent breach by Tenant or any other term in this lease. G. Quiet Enioyment: Provided that Tenant is not in default of this lease, Landlord covenants that Tenant will enjoy possession and use of the leased premises free from material interference. H. Force Maieure: If Landlord's performance of a term in this lease is delayed by strike, lock-out, shortage of material, governmental restriction, riot, flood, or any cause outside Landlord's control, the time for Landlord's performance will be abated until after the delay. I. Time: Time is of the essence. The parties require strict compliance with the times for performance. Brokers are not qualified to render legal advice, property inspections, surveys, engineering studies, environmental assessments, tax advice, or compliance inspections. The parties should seek experts to render such services. READ THIS LEASE CAREFULLY. If you do not understand the effect of this Lease, consult your attorney BEFORE signing. City of Beaumont Texas Madeline L. Walker Tenant Landlord By By Date Date Printed Name Printed Name Madeline L. Walker Title Title Owner Tenant Landlord By By Date Date Printed Name Printed Name Title Title (TAR-2101)6-7-02 Page 15 of 15 Produced with ZipForm-by RE FormsNet,LLC 18025 Fifteen Mile Road,Clinton Township,Michigan 48035,(800)383-9805 T5334056.ZFX EXHIBIT A PROPERTY LEGAL DESCRIPTION LOCATION: 6q5Z CONCORD RD. LEGAL DESCRIPTION: PL RS 1 TR 193 D .496AC THOS SPEAR ABST 50 LOCATION: 6440 CONCORD RD., BEAUMONT, TX 77703 LEGAL DESCRIPTION: PL.RSI TR 193C THOS SPEAR ABST 50 .531 AC LOCATION: 6430 CONCORD RD. LEGAL DESCRIPTION: PL RSI TR 193G THOS SPEAR A13ST 50 .569 AC 01/28/00 FRI 12:07 FAX 713 983 7933 BR UNTD WiiOLESAL 314rslwwa5 svxal �v LON 4 M w r t .. 1 t7. r M W y X 4 7 � 4 UJ �� W002 TEXAS ASSOCIATION OF REALTORS® COMMERCIAL LEASE ADDENDUM FOR BROKER'S FEE USE OF THIS FORM BY PERSONS WHO ARE NOT MEMBERS OF THE TEXAS ASSOCIATION OF REALTORS®IS NOT AUTHORIZED. ©Texas Association of REALTORS®,Inc.2002 ADDENDUM TO THE COMMERCIAL LEASE BETWEEN THE UNDERSIGNED LANDLORD AND TENANT CONCERNING THE LEASED PREMISES AT 6452 Concord Road, Beaumont, TX 77708 A. Leasing Fees: All leasing fees are earned when the above referenced lease is executed. (1) Madeline L. Walker will pay Principal Broker a leasing fee calculated and payable as follows: (a) 4.000 % of all base monthly rents to be paid for the term of the lease payable as follows: one-half of such amount at the time Landlord and Tenant execute the lease and the remainder on the date the lease commences. Ll (b) % of all base monthly rents to be paid for the term of the lease payable as follows: L1 (c) (2) NSA will pay Cooperating Broker a leasing fee calculated and payable as follows: (a) % of all base monthly rents,to.be paid for the term of the lease payable as follows: one-half of such amount at the time Landlord and Tenant execute'the lease and the remainder on the date the lease commences. Lj (b) % of all base monthly rents to be paid for the term of the lease payable as follows: (c) B. Renewal and Expansion Fees: If Landlord and Tenant subsequently extend, renew, or expand the lease, including a new lease for more, less, or different space in the Property or in any other property owned, controlled, or managed by Landlord, the brokers will be paid the fees set forth below. The fees will be earned and payable when the extension, renewal, expansion or new lease is executed or commences, whichever is earlier. - _- (�) Madeline L. Walker will pay Principal Broker a renewal fee of. x� (a) 2.000 % of all base monthly.rents to be paid for the term of the extension, renewal, expansion, or new lease. L (b) . (TAR-2102)6-7-02 Initialed for Identification by Tenants: ,and Landlord: Page 1 of 2 bums properties inc.290 dowlen rd.#204, beaumont tx 77706 Phone:409 866 2398 Fax: 409 860 5208 Burns Properties Inc. T3628055.ZFX Produced with ZipForm-by RE FormsNet,LLC 18025 Fifteen Mile Road,Clinton Township,Michigan 48035,(800)383-9805 Addendum for Broker's Fee concerning 6452 Concord Road, Beaumont, TX 77708 (2) N/A will pay Cooperating Broker a renewal fee of: �] (a) % of all base monthly rents to be paid for the term of the extension, renewal, expansion, or new lease. (b) C. Fees in the Event of a Sale: If, during any time the lease is in effect or-during any time Tenant occupies the leased premises, including any extension, renewal, or expansion, Tenant agrees to purchase the leased premises or Property by oral or written agreement or option, brokers will be paid the additional fees set forth below. The additional fees will be earned at the time Landlord and Tenant enter into an agreement for the sale, purchase, or option for the leased premises or Property, and are payable at the time the sale or purchase closes. (�) - N/A will pay Principal Broker an additional fee of: I] (a) % of the sales price for the purchase. (b) (2) will pay Cooperating Broker an additional fee of: �[ (a) % of the sales price for the purchase. (b) . D. County: All fees under this addendum are payable in Jefferson County, Texas. E. Attorney's Fees: If Landlord, Tenant, or any broker is a prevailing party in any legal proceeding brought as a result of a dispute under this addendum or any transaction related to or contemplated by this addendum, such party will be - entitled to recover from the non-prevailing parties all costs of such proceeding, prejudgment interest, and reasonable attorney's fees. F. Special Provisions: City of Beaumont, Texas Madeline L. Walker Tenant Landlord By By Date Date Tenant Landlord By By Date Date None Burns Properties., Inc. Cooperating Broker Princi I 3 ke BY BY Date Date (TAR-2102)6-7-02 Page 2 of 2 Produced with ZipForm"-by RE FormsNel,LLC 18025 Fifteen Mile Road,Clinton Township,Michigan 48035,(800)383.9805 T3628055.ZFa 13 July 24,2003 Consider the reallocation of funds from the 2000 Consolidated Block Grant Program to renew a 3- year lease agreement for EMS #5 located at 6452 Concord Road t U79- j City of Beaumont Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Janett Blunt, Housing Manager MEETING DATE: July 29, 2003 AGENDA MEMO DATE: July 23, 2003 REQUESTED ACTION: Council conduct a public hearing to receive comments on a proposal to reallocate funds from the 2000 Consolidated Block Grant,Charlton Pollard Park line item($14,83 0)to renew a 3-year lease in the amount of$45,720 for EMS # 5 located at 6452 Concord Road. RECOMMENDATION The Administration recommends that Council conduct a public hearing to receive comments on a proposal to reallocate funds from the 2000 Consolidated Block Grant,Charlton Pollard Park line item ($14,830)to renew a 3-year lease in the amount of$45,720 for EMS # 5 located at 6452 Concord Road. BACKGROUND At a regular meeting on March 7,2000, Council approved staff's recommendation to add a fifth City ambulance and EMS station to serve the north end of the City so that satisfactory response times could be achieved. The approval of this alternative authorized the acquisition of a fifth City ambulance unit and the lease of a medic station in the north end of the City. EMS #5, located at 6452 Concord Road, provides ready access to the target area, generally north of Lucas and Folsom Roads. The property consists of approximately 900 square feet of office space which serves as the primary operational headquarters for Medic No. 5. BUDGETARY IMPACT Funds are available from the 2000 Consolidated Block Grant Program. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager, Public Works Director, Planning Manager, Housing Manager/Grants Coordinator Interim RECOMMENDED MOTION None. 14 July 29,2003 Consider an amendment to the existing animal ordinance; Chapter 5; Sec. 5-19 dealing with vicious/dangerous animals W"'"W� City of Beaumont A c g Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Ingrid Holmes, Public Health Direct6r MEETING DATE: July 29, 2003 AGENDA MEMO DATE: July 18, 2003 REQUESTED ACTION:Consider an amendment to the existing animal ordinance;Chapter 5;Sec. 5-19 dealing with vicious/dangerous animals. RECOMMENDATION Administration recommends that Council approve adoption of the proposed amendments. BACKGROUND In the city of Beaumont approximately 165 animal bites are reported annually. A number of these bites have resulted in severe injury to the victim. In some instances, the same animal has been involved in more than one bite or attack.Although not all of these bites would cause an animal to be declared dangerous, in some cases the circumstances warrant such a declaration. Such attacks have prompted staff review of existing local dangerous animal laws. Under the current city animal ordinance, the owners of vicious/dangerous animals are required to keep the animal"confined within a building or secure enclosure and not taken out of such building or secure enclosure unless securely muzzled". In several instances involving severe animal bites and/or attacks, staff has relied on state statutes(Health&Safety Code;Chapter 822; Subchapter D) in order to impose additional requirements on the owner of the animal involved. Staff would like to pull our enforcement resources together and incorporate more stringent requirements for owners of "dangerous animals" into the current city ordinance. The proposed ordinance establishes a fair process by which specific animals are identified as "dangerous" based on stated measurable actions. In addition, the ordinance imposes appropriate penalties on irresponsible owners and establishes a well-defined method of dealing with animals proven to be dangerous.Under the proposed ordinance an animal can be declared dangerous if it has inflicted serious injury to a person or another animal. An animal can also be declared dangerous if there is reasonable cause to believe that it is likely to cause injury to a person or another animal or if it is trained or harbored for fighting. The proposed ordinance also provides the owner of an animal declared to be dangerous by the animal control authority a method to appeal such a determination. The proposed amendments have been reviewed by members ofthe animal health advisory committee and meet with their approval. BUDGETARY IMPACT. None. PREVIOUS ACTION No previous action has been taken on this recommendation. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager, Public Health Director and Health Services Manager. RECOMMENDED MOTION Approve proposed amendments to existing ordinance. Animal Control Ordinance Revisions Amend Sec. 5-19 to add the following new sections: Sec. 5-19- 5-19.6 Sec. 5-19. Dangerous/vicious animals. (a) A dangerous/vicious animal shall be defined as an animal which: (1)Has inflicted severe injury or death to a person or bites a person other than the owner or a member of the owner's immediate family, without provocation on public or private property; or (2) Has killed or severely injured a domestic animal without provocation while off the owner's property; or (3) Has a known or apparent propensity, tendency or disposition to attack unprovoked, to cause injury, or to otherwise threaten the safety of persons or domestic animals; or (4) Is trained or harbored for fighting which may be determined based on whether the animal exhibits behavior and or bears physical scars or injuries which indicate that the animal has been trained or used for the purpose of fighting. (b) If an animal acts as stated in subsection(a)(1)or(a)(2)ofthis section or is trained or harbored for fighting, the animal control officer shall impound the animal immediately if it is at large; or, if it is in the possession of some person, the animal control officer may issue a notice requiring that the animal be taken to a designated location for impoundment. An animal which is impounded shall not be released until a final determination is made on the disposition of the animal. Sec. 5-19.1. Declaration of a dangerous animal (a) The Health Director or his/her designee may declare an animal to be a dangerous animal if the official has sufficient cause to believe that an animal is dangerous as defined under Section 5-19(a) (1)(2)(3)(4) (b)Within five(5)working days of declaring an animal to be a dangerous animal,written notice shall be given to the owner that the Health Director or his/her designee has determined that the animal is a dangerous animal. This notice shall also set out the requirements for a dangerous animal which the owner must comply with as set forth in section 5-19.2. This notice shall be given to the owner by personal service or by certified mail, return receipt requested. In the event that certified mail,return receipt requested cannot be delivered,the Animal Control division may then give notice by ordinary mail. (c) The owner of an animal declared to be dangerous, may appeal the determination of the Health Director or his/her designee. The request for a determination hearing must be in writing and must be received by the director of the Beaumont Health Department or his/her designee no later than five comes with a specific use permit. GC-MD zoning does not provide that protection in many cases. In this particular case,the Planning Commission and City Council could,with a specific use permit, limit the number of cars that could be stored on the property. BUDGETARY IMPACT None. PREVIOUS ACTION At a Joint Public Hearing held July 21,2003,the Planning Commission's motion to approve failed 1:6:1 for a zone change from GC-MD-2 to GC-MD District at 1575 S. Major Drive. SUBSEQUENT ACTION None. RECOMMENDED BY Planning Commission, City Manager, Public Works Director and the Planning Manager. RECOMMENDED MOTION Approve/Deny a request for a zone change from GC-MD-2 to GC-MD District at 1575 S. Major Drive. I FILE 1679-Z: Request for a zone change from GC-MD-2 (General Commercial - NORTH Multiple Family Dwelfing - 2) to GC-MD (General Commercial- Multiple Family - Dwelling) District. _ Location: 1575 S. Major Drive SCALE Applicant: Landry Rountree for Landry's 24 Hour Towing L 1"=200' . b C ---MD' Rd Alp •9 • SUBJECT 1 RMmMA ` e • Q Q M � • w - � • - s i 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 PRESENTLY ZONED GC-MD-2 (GENERAL COMMERCIAL-MULTIPLE FAMILY DWELLING-2)DISTRICT TO GC-MD (GENERAL COMMERCIAL-MULTIPLE FAMILY DWELLING)DISTRICT FOR PROPERTY LOCATED AT 1575 S. MAJOR DRIVE, BEAUMONT, JEFFERSON COUNTY, TEXAS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That Chapter 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 presently zoned as GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District to GC-MD (General Commercial-Multiple Family Dwelling) District for property located at 1575 S. Major Drive, being Lot 11, Block A, Mayfair Addition, City of Beaumont, Jefferson County, Texas, containing 0.71 acres, more or less, as described on Exhibit "A," and the official zoning map of the City of Beaumont is hereby amended to reflect such changes. Section 2. That, in all other respects, the use of the property herein above described shall be subject to all of the applicable regulations contained in Chapter 30 of the Code of Ordinances of Beaumont, Texas, as amended. 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 this the 29th day of July, 2003. - Mayor Evelyn M. Lord -