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Home My WebLink AboutPACKET JUNE 07 2005 "O%W� , UI W SL City of Beaumont REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS JUNE 7,2005 1:30 P.M. CONSENT AGENDA * Approval of minutes * Confirmation of committee appointments A) Authorize the City Manager to execute all documents necessary to accept grant funding from the Texas Department of Transportation for additional DWI enforcement B) Authorize the acceptance of a ten foot(10')wide Water Line Easement out of the Second Amended Plat of Ferguson Development Park,and off Clearwater Court C) Authorize the granting of a License to Encroach to Ivan Rodriguez into two utility easements at 8670 Crestview Lane A Rol g of Beaumont Council Agenda Item � c TO: City Council FROM: Kyle Hayes, City Manager PREPARED: Tom Scofield, Chief of Police MEETING DATE: June 7, 2005 AGENDA MEMO DATE: May 31, 2005 REQUESTED ACTION: Consider a Resolution authorizing the City Manager to execute all documents necessary to accept the project titled "Impaired Driving Mobilization(IDM 163)". RECOMMENDATION Administration recommends authorizing the City Manager to execute all documents necessary to accept the project titled"Impaired Driving Mobilization(IDM 163)". BACKGROUND The Police Department has been pre-approved for a grant which authorizes 100%reimbursement for specific police officer's overtime spent in conjunction with this grant concerning enforcement against impaired driving. This grant application will provide funding for an"Impaired Driving Mobilization (IDM 163)"grant program for the overtime enforcement efforts on traffic safety areas of impaired driving and for the purpose of enhancing the safety ofthe motoring public and reducing motor vehicle crashes which often results in loss of life or personal injury. BUDGETARYIMPACT None as specific police officer overtime will be fully reimbursed. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager and Chief of Police RECOMMENDED MOTION Accept/Deny the Resolution authorizing the City Manager to execute all documents necessary to accept the project titled"Impaired Driving Mobilization(IDM 163)". RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: WHEREAS,the City of Beaumont has been notified by the Texas Department of Transportation that it is eligible to receive funding to assist in highway safety enforcement; and, WHEREAS,the City of Beaumont recognizes that the safety and security of the motoring public is of paramount concern to the City, and WHEREAS,the City of Beaumont strives to enhance the safety of the motoring public; and, WHEREAS,grant funding through the Texas Department of Transportation would assist in enhancing the safety of the motoring public and reducing motor vehicle crashes which often result in loss of life or personal injury; and WHEREAS,traffic safety enforcement and encouragement of safe driving habits is a significant goal of the Beaumont Police Department;and WHEREAS,the City of Beaumont has been notified by the Texas Department of Transportation that it is eligible for federal reimbursement funding in the amount not to exceed Twenty-Seven Thousand($ 27,000) Dollars pursuant to the projects titled Impaired Driving Mobilization(IDM 163) for DWI enforcement and the reduction of alcohol related crashes. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager of the City of Beaumont, be, and is hereby, authorized to execute all documents necessary to accept the project "Impaired Driving Mobilization(IDM 163)"and take such action as necessary to implement the project which occurs between July 01, 2005 and April 30, 2006;and Accept and disburse the federal reimbursement grant funding in the amount not to exceed Twenty-Seven Thousand Dollars; and, Take such other actions and execute such documents as may be necessary and appropriate to implement the purpose and objectives of the"Impaired Driving Mobilization(IDM 163)" project. 2005. PASSED BY THE CITY COUNCIL of the City of Beaumont this the-`day of June, Mayor Guy Goodson City of Beaumont Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tom Warner, Public Works Director MEETING DATE: June 7, 2005 AGENDA MEMO DATE: May 20, 2005 REQUESTED ACTION: Council consider a resolution authorizing the acceptance of a ten foot (10') wide Water Line Easement out of the Second Amended Plat of Ferguson Development Park, and off Clearwater Court. RECOMMENDATION Vishwas Enterprises, L.P. has agreed to convey a ten foot(10')wide Water Line Easement to the City of Beaumont. The easement, out of Tract IV B of the Second Amended Plat of Ferguson Development Park (in the Charles Williams Survey, Abstract 59), is described as being across property owned by Vishwas Enterprises, L.P. (near Tinseltown) and off Clearwater Court. Administration recommends acceptance of the easement. BACKGROUND The Water Line Easement will provide service to the new Candlewood Suites being constructed on Clearwater Court. BUDGETARY IMPACT None. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager and Public Works Director \engvishwas_esmt-ib.wpd 20 May 2005 CURVE I DELTA ANGLE RADIUS I ARC LLNC;IH---1 CHORD BEARING CHORD LENGTH TANGENT NORTHEAST CORNER OF LOT lA CALLED 1.5709 ACRES FND Cl 6547'00" 10.00' 11.48' S 29'0523'W 10.86. 6.47 OVFND 5/8" BHARAT PATEL CALL Cl 653823" 10.00' 11.46' S 29'0523"w 10.84' - V L ROD W/CAP CF N0. 2001012289 FND C2 91'46'15" 90.00' 144.15' N 16'43'35"E 12 .23' 92.83 OPRJC 2001 CALL C2 90'15'19 90.00 144.26 FND SOO'37'03"W 204.95' (CALL S00'36'48"W 204.97) REFERENCE BEARING PER CF NO. 2004047754, OPRJC r,7 I (CALL S89'23'12'E 341.91) FND 518" C0 FND S89'23'12'E 341.90' 1. ROD 0 FND 518" o I L ROD FND 5/8" I I. ROD Io Q i Daoa '09� CLEARWATER Q ° _ per° p� ��o�� COURT Q V Q O © � PRDf IVE CALLED 1.5273 ACRES ��(��v �� F 1 VISHWAS ENTERPRISES, L.P. �'"� m CF. NO. 2004047754 p OPRJC `h In I FND 518" u 1. ROD n Q TO THE OWNERS OF THE PREMISES SURVEYED W AS OF THE DATE OF THE SURVEY., 1 �(AO I. THOMAS S. ROWE 00 HEREBY CERTIFY THAT THIS S WAS THIS OAY MADE ON THE SURFACE OF THE GROUND OF TH LY DESCRIBED HEREON AND CORRECTLY REPRESENTS THE U PT OF THE SURVEY. '( .•••••• Q a c` v ( DATE SURVEYED APRIL 1, 2005 sp o V a 10' WATER UTILITY -THOMAS.................s owE EASEMENT �1', p�� :� s�2a d a� L°rEss\°:i� 0 c,66�g55 O�vp�o THOMAS S. ROWE - REGISTERED PROFESSION Ok No. 5728 L3 l� SO cueNr: VISHWAS ENTERPRISES, L.P. CENTERLINE DESCRIPTION OF A 10' OR BY: CWH SCALE: SHEET No.: i 4 �� b° vER: ACAD 2005 1"=50' 1 of 1 WIDE WATER UTILITY EASEMENT --'—•� — OI O p JOB NO. FLE:W./2005/05-114 REV. PROPOSED S 05-114 05-1140 o OUT SECOND DAMENDED PLAT OF V B O MARK W. WHITELEY Q� LINE BEARING DISTANCE AND ASSOCIATES FERGUSON DEVELOPMENT PARK L1 S 89'23'27" E 5.00' INCORPORATED VOLUME 16, PAGE 296, MAP RECORDS o - Q L2 S 00'36'33" W 132.50' CONSULTING ENGINEERS,EERS,PLANNERS CHARLES WILLIAMS SURVEY FNO t/4" L3 S 89'23'27" E 86.38' o I. ROD IN CONC. L4 N 60'35'05" E 239.20' ABSTRACT NO. 59 P. 0. Box 54ft 8280 2AS=PR.Y. BEAUMONT, JEFFERSON COUNTY, TEXAS B2AUMONT. ms m28-8402 B2AUMOM. TP.IG.4 7T702 400-802-0421 (FA70 400-80Y-lS48 ...... City of Beaumont Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tom Warner, Public Works Director MEETING DATE: June 7, 2005 AGENDA MEMO DATE: May 26, 2005 REQUESTED ACTION: Council consider a resolution authorizing the granting of a License to Encroach to Ivan Rodriguez into two(2) utility easements at 8670 Crestview Lane. RECOMMENDATION A covered wooden deck, concrete pool surrounding and wood building are encroaching 7.5 feet for a distance of approximately sixty feet(60') into the City's seven and one half foot(7.5')utility easement across the rear of the lot; and a wooden deck is encroaching 5 feet for a distance of approximately seventeen and one half feet (17.5') into the City's five foot (5') utility easement along the West side of the lot. The easement is located at 8670 Crestview Lane and is described as being out of Lot 8, Block 9, Westfield Terrace Addition. Administration recommends authorization to execute the License to Encroach. BACKGROUND The License to Encroach protects the City from liability and provides a thirty (30) day cancellation clause. BUDGETARY IMPACT There is a one time fee of$500 for the License to Encroach. e. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY: City Manager and Public Works Director engcrestview-ib.wpd May 26,2005 LOT 16 ` WEST_ TrsRaCE I Lor 14 I LOT i5 N7L 9 PO 17B 7�Uffir � �ORNER I � 0� uNABL � `IND D�CORNFR 46�OD 447 ®C F S '00' 6520• " N as'ot'w o o � �- a taco ..7e o BEARS 1Y00DG 75'U1ILfi tiISEMENT 5'UT pRER,01,11"T gttAglCDDww PER P[AT ®0.7P ------- ._. Y b_LAX� 25'REAR BLDG SETBACK 1 POOL 15'SIDE SFT84CK UNE -S VOL. T3�. 394 I I � I VDL 1305, P� 394 0 LOT 8 1 o ow 0)I A\ 5'510E SETBACK UNE i '• BLOCK 0 i CQ P VOL 130 Pa 394 JC ►. I k 3 i r � i �.; A/C I Qp I wf I O w N� 8 7580' 25 30.20' 10.85 �•' }„ate i9 �Ot S Q i vfl i a BRICK RESIDE E m[ I N w I d A i 23•00' S 25'BUkNO SE-IMCK 1•i 5.A 1 73.00' g {- CQVERFD `: $ 1750' 13.87 -C��----- PR01RDS/ON NDTf• - t�5t>rrgm ti1700 bIAL q MTMU I 'k a 4.d3'W bas'OMO A 7S'UDLITY Wear i "T+SUBJECfS wow an PROTRUDE5 a 85'TOWMWA7,5'UIW N SELFNT. 1 .,U&l=QOYM MW DECK I IR L&010 4.46' i a 1 FND 112' FIVD 09*69'00"W 65.20' FND 112' L HOD IM AV 65 00) L ROD REFERENCE BEARING PER PLAT L NNOTH[N6 IN THIS SURVEY IS INTENDED TO£(PRESS M OPINION RECARDINC CR STVIEi W LANE OIVNERSHIP OR T u (60'R O.W) 2 TT[E WORD CERTIFY LS UNDERSTOOD.TO BE AN EXPRESSION OF PROFESSIONAL JUDGMENT BY THE SURVEYOR{ WHICH 15 BASED ON WS REST KNOMIDGE, 1NFORMATTON AND BELIEF, FORMED RN THE COURSE OF HIS PERFORMNO THE SURVEY 114 COMPLIANCE 8670 CRESMEW LANE RM THE STANp.4RVS OF PRACTRCE REQUIRED AND PRouutGAT'ED BY THE TEXAS BO4R0 BEAUMONT, TEXAS 77707 OF PROFESSIONAL LAND SURVEYDRS AND THE TEXAS SOCM OF PROFES•S[ONk SURVEYQR.S. AS SOCIL IT CONSTITUTE$NEITHER A 6WPANIM NOR A WARRANTY, Lot ERESED OR MPIFA. Eight ()In Black Number e9 of WESMEi TEAACE AVD=k U FIVE to TOW LfINFSOLDERS AND THE OsvNERS OF TUC PREMISES City of Beaumont Jefferson County Texas, as the SURVEYED AND TOME COMMONWEALTH LAND TITLE INSURANCE COMPANY, same appears upon the map or plat thereof, on file and of record in Yd. 10 page 133 Mop THE UNDERSIGNED DOES HEREBY CND OF TWIT RO SURVEY Records of Jefferson County. Texas, WAS TtRS DAY MADE ON THE GROUND OF THE PROPERTY • LEOAUlY DESCRIBED HERMV AND IS CORRECT ANO IMT 1H£RE ARE NO DISCREPANCIES CONFUCYS S wrAGES Owner. Ivan Rodriguez and Marion Rodriguez !!V AREA,BOUNDARY UNE CONFLICTS ENCRQ4CHAtEMS, LIVER-tAPPJNG.OF IMPROIr£MEAFTS EAS£A(ENIS OR Census:3.04 RIGMS-OF-IYAY EXCEPT A5 SHo"HEREON,AND 7NAr SAID PROPER7Y INS ACCESS TO AND FROM A DEOICAtM ROADWAY. In accordance with the Rood Hazard noun ALL OWWORS COMPANY O.F.No 55303S7ED PER SOUTHEAST TEXAS RTLE Map, Department of Housing and Urban Development. DATE SURVEYED: UAY 3, 2005 � OF Community NO 485457 Gt S T9 Portal Na 0050 D Dote of FRRM: 08-06-02 �� fHOf+iIAS S.ROWS This property Fes in 26ne 'k"(shaded) Location •""••'••••'••••••»•••••• on mop determined by state an mop. Actual field f's 5728 g:Q elevatioa not determined. Mark.W.•Whiteley and °Fr sst�r''•O AssoClates dots not WOrrant nor sub$Cdbe to the �"'••••••'� accuracy or scale of said mops rti iHOMILS S. ROWS - REG(STfRfO PROFESSIONAL LAND 5728 Zone T(shaded) are areas of 300-year a MARK V. WHITEMY depths oof less than lsfoot ordeth driwnagge Al D ASSOCIATES esauitor P. 0. 11oo x564 6 5492 ortos less than 1 squore mac: and areas INCORPORATED Aaa_s9z-o42t Protected by le vees from 100 year Rood, CONSULTING ENgNEtSt3, v SURVEYORS. AND PLtNNM AUM T. TE FR9[Y. ®sari M.*to xz atr t Atyode k kc BEAFAX) , TEXAS 130 The:�Me ow a�.rn.+n—A d pedow. of 60*r.a rwr*h (88X) 409-09Z-i348 of uwk X W A*y&Modokx+r:ad V+rot b 5e cued navdueed W:/2005j05-274 05-274.dsvg GGG war,, G� Na"t W.rn'lhn w-*w;MUww of EXHIBIT "A" COMMENTS FROM DEPARTMENTS AND/OR UTILITY COMPANIES FOR LICENSE TO ENCROACH APPLICATION PROPERTY DESCRIPTION: Lot 8, Block 9, Westfield Terrace Addition [8670 Crestview Lane]. Encroachments into 7.5' utility easement across the rear of the lot and 5' utility easement along the West side of the lot. APPLICANT: Jimmy Hennigan for Ivan Rodriquez DATE OF DISTRIBUTION: May 10, 2005 DUE: May 18, 2005 1) Joris P. Colbert, City Engineer Date Received: 05-10-2005 Acceptance and Approval. 2) Jim Terry, Streets &Drainage Superintendent Date Received: 05-18-2005 Acceptance and Approval. 3) Jack Maddox, Fire Marshall Date Received: 05-12-2005 Acceptance and Approval. 4) Hani Tohme, Water Utilities Date Received: 05-18-2005 Acceptance and Approval. The City does not have facilities crossing the property. Enclosed are a set of maps for existing water and sanitary sewer facilities within the vicinity of this property. According to the water maps, we have a six (6) inch water line on the south side of Crestview Lane. According to the sanitary sewer maps, we have a six (6) inch sanitary sewer main in the 15' utility easement located between Crestview Lane and Braeburn Lane. However, the sanitary sewer main is located within the seven and a half(7 1/2) feet portion of the easement which crosses Lot 15, Block 9, Westfield Terrace Addition [8675 Braeburn Lane]. 5) Stephen Richardson, Planning Manager Date Received: 05-10-2005 Acceptance and Approval. 6) Mark Horelica, Transportation Manager Date Received: 05-10-2005 Acceptance and Approval. 7) Patrick Sam, CenterPoint Energy Entex Date Received: N/A Acceptance and Approval. 8) James Bryant, Entergy Date Received: N/A Acceptance and Approval. 9) Cliff Moore, Southwestern Bell Corporation Date Received: N/A 10) Richard LeBlanc, D.D.#6 Date Received: 05-11-2005 Acceptance and Approval. 11) Tyrone Cooper, Legal Department Date Received: 05-25-2005 Acceptance and Approval. comments_s ummary-mimosa City of Beaumont REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS JUNE 7, 2005 1:30 P.M. AGENDA CALL TO ORDER * Invocation Pledge Roll Call * Presentations and Recognition * Public Comment: Persons may speak on scheduled agenda items 6-11 and IN Consent Agenda * Consent Agenda GENERAL BUSINESS 1. Consider approving a request for a zone change from A-R(Agricultural- Residential)District, RS (Residential Single Family Dwelling)District and RM-H (Residential Multiple Family Dwelling-Highest Density)District to GC-MD (General Commercial-Multiple Family Dwelling)District (Tract One), from A-R (Agricultural-Residential)District, RS (Residential Single Family Dwelling) District and RM-H(Residential Multiple Family Dwelling-Highest Density) District to GC-MD-2 (General Commercial-Multiple Family Dwelling-2)District (Tract Two) and from A-R(Agricultural-Residential)District to RS (Residential Single Family Dwelling) District (Tract Three) for property in the 3600 block of Dowlen Road, west side (YMCA property) 2. Consider approving a request for a zone change from RM-H(Residential Multiple Family Dwelling-Highest Density)to GC-MD(General Commercial-Multiple Family Dwelling)District for the property at 4337 Crow Road 3. Consider approving a request for a specific use permit to allow a church in an RCR (Residential Conservation and Revitalization)District at 1707 and 1717 Pennsylvania 4. Consider approving a request for a specific use permit to allow a church in an RM- H(Residential Multiple Family Dwelling-Highest Density) District at 7575 and 7579 Highway 105 5. Consider approving a request for an HC-L (Historic Cultural Landmark Preservation)Designation at 1435 Broadway 6. Consider approving a request to abandon a 20'wide utility easement crossing Tract 61E, Plat RS-5, D. Easley Survey located west of Major Drive, approximately 470' south of Greenfield Drive 7. Consider approving a request to abandon a 5'wide water line easement crossing Tract 1, Block 27, J. B. Langham Estates located at the corner of 14'and Harrison 8. Consider approving a resolution authorizing the participation of the City of Beaumont with other Entergy Gulf States, Inc. service area cities to intervene in proceedings before the Public Utilities Commission of Texas for the calendar year 2005 9. Consider approving a bid for the construction of new walking trails at Perlstein and Wuthering Heights Parks 10. Consider approving a resolution authorizing the submittal of projects to the Southeast Texas Regional Planning Commission- Metropolitan Planning Organization as candidates for selection and inclusion into the Jefferson Orange Hardin Regional Transportation Study(JOHRTS) 2007 Metropolitan Transportation Plan- 2030 (MTP-2030) 11. Consider authorizing the City Manager to execute an Emissions Reduction Incentive Grant agreement with the Texas Commission on Environmental Quality (TCEQ) 12. PUBLIC HEARING: Receive comments relating to an application for FY2005 Operating Assistance funds from the Federal Transit Administration(FTA) for the Beaumont Municipal Transit System COMMENTS * Public Comment (Persons are limited to 3 minutes) EXECUTIVE SESSION * Consider matters related to employment, evaluation and duties of a public officer or employee in accordance with Section 551.074 of the Government Code: Mayor Pro Tempore * Consider matters related to contemplated or pending litigation in accordance with Section 551.071 of the Government Code: William Millican v. City of Beaumont Tomas Villalobos v. City of Beaumont 13. Conduct an election of Mayor Pro Tempore COMMENTS * Councilmembers/City Manager comment on various matters Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact Pat Buehrle at 884-3725 a day prior to the meeting. 1 June 7, 2005 Consider approving a request for a zone change from A-R(Agricultural-Residential) District, RS (Residential Single Family Dwelling) District and RM-H(Residential Multiple Family Dwelling- Highest Density) District to GC-MD (General Commercial-Multiple Family Dwelling)District (Tract One), from A-R(Agricultural-Residential) District, RS (Residential Single Family Dwelling) District and RM-H(Residential Multiple Family Dwelling-Highest Density) District to GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District (Tract Two) and from A-R (Agricultural-Residential) District to RS (Residential Single Family Dwelling) District (Tract Three) for property in the 3600 block of Dowlen Road, west side(YMCA property) City of Beaumont Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tom Warner, Public Works Director MEETING DATE: June 7, 2005 AGENDA MEMO DATE: May 24, 2005 REQUESTED ACTION: Council consider a request for a zone change from A-R(Agricultural- Residential) District, RS (Residential Single Family Dwelling) District and RM-H (Residential Multiple Family Dwelling-Highest Density) District to GC-MD (General Commercial-Multiple Family Dwelling)District(Tract One), from A-R(Agricultural-Residential) District,RS(Residential Single Family Dwelling)District and RM-H (Residential Multiple Family Dwelling-Highest Density) District to GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District(Tract Two)and from A-R(Agricultural-Residential)District to RS (Residential Single Family Dwelling) District for property in the 3600 block of Dowlen Road, west side(YMCA property). RECOMMENDATION The Administration recommends approval of a request for a zone change from A-R(Agricultural- Residential) District, RS (Residential Single Family Dwelling) District and RM-H (Residential Multiple Family Dwelling-Highest Density) District to GC-MD (General Commercial-Multiple Family Dwelling)District(Tract One),from A-R(Agricultural-Residential)District,RS(Residential Single Family Dwelling) District and RM-H (Residential Multiple Family Dwelling-Highest Density) District to GC-MD-2 (General Commercial-Multiple Family Dwelling-2)District (Tract Two)and from A-R(Agricultural-Residential)District to RS (Residential Single Family Dwelling) District for property in the 3600 block of Dowlen Road, west side (YMCA property). BACKGROUND Bryan H. Lee, the applicant, is requesting the rezoning of 19.301 acres of land currently owned by the YMCA in the 3600 block of Dowlen Road. The request includes 8.936 acres of GC-MD (General Commercial-Multiple Family Dwelling) District, 5.678 acres of GC-MD-2 (General Commercial-Multiple Family Dwelling-2)District and 4.686 acres ofRS(Residential Single Family Dwelling) District. The RS and GC-MD-2 zoning would abut Barrington Heights. Mr. Lee has been working with an architect to develop a concept plan for the property (see attachment). This plan calls for 78,874 sq. ft. of commercial uses. The bulk of the commercial would be located in the northeast part of the property. Two commercial pad sites, facing Dowlen, would be made available for sale. In the southeast corner of the property,three 3,000 sq.ft.one story office buildings would be built. The residential portion of the plan would consist of townhomes and single family residential. The 1 - 1 %2 story townhomes that abut Barrington Heights would be oriented in an east-west direction to lessen the impact on the backyards of houses in Barrington Heights. The single family portion is expected to be a gated community. In the GC-MD-2 portion of the subject property, specific use permits would be required before any development could occur. BUDGETARY IMPACT None. PREVIOUS ACTION At a Joint Public Hearing held May 23, 2005, the Planning Commission voted 9:0 to approve the request for a zone change from A-R (Agricultural-Residential) District, RS (Residential Single Family Dwelling) District and RM-H (Residential Multiple Family Dwelling-Highest Density) District to GC-MD(General Commercial-Multiple Family Dwelling)District(Tract One),from A-R (Agricultural-Residential) District, RS (Residential Single Family Dwelling) District and RM-H (Residential Multiple Family Dwelling-Highest Density) District to GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District(Tract Two) including that the northern line on the proposed GC-MD-2 area be extended northward an additional 145 feet and from A-R (Agricultural-Residential)District to RS(Residential Single Family Dwelling)District(Tract Three) for property in the 3600 block of Dowlen Road, west side (YMCA property). SUBSEQUENT ACTION None. RECOMMENDED BY Planning Commission, City Manager, Public Works Director and the Planning Manager. 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 AS A-R (AGRICULTURAL-RESIDENTIAL) DISTRICT, RS (RESIDENTIAL SINGLE FAMILY DWELLING)DISTRICTAND RM-H (RESIDENTIAL MULTIPLE FAMILY DWELLING-HIGHEST DENSITY) DISTRICT TO GC-MD (GENERAL COMMERCIAL-MULTIPLE FAMILY DWELLING) DISTRICT (TRACT ONE) , FROM A- R (AGRICULTURAL-RESIDENTIAL) DISTRICT, RS (RESIDENTIAL SINGLE FAMILY DWELLING)DISTRICT AND RM-H (RESIDENTIAL MULTIPLE FAMILY DWELLING-HIGHEST DENSITY) DISTRICT TO GC-MD-2 (GENERAL COMMERCIAL-MULTIPLE FAMILY DWELLING-2) DISTRICT (TRACT TWO) AND FROM A-R (AGRICULTURAL-RESIDENTIAL) DISTRICT TO RS (RESIDENTIAL SINGLE FAMILY DWELLING) DISTRICT (TRACT THREE) FOR PROPERTY IN THE 3600 BLOCK OF DOWLEN ROAD, WEST SIDE (YMCA PROPERTY), 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 A-R (Agricultural-Residential) District, RS (Residential Single Family Dwelling) District and RM-H (Residential Multiple Family Dwelling-Highest Density) District to GC-MD (General Commercial-Multiple Family Dwelling) District(Tract One), from A-R (Agricultural-Residential) District, RS (Residential Single Family Dwelling) District and RM-H (Residential Multiple Family Dwelling-Highest Density) District to GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District (Tract Two) and from A-R (Agricultural-Residential) District to RS (Residential Single Family Dwelling)District(Tract Three)for property in the 3600 block of Dowlen Road,west side (YMCA property), City of Beaumont, Jefferson County, Texas, as described on Exhibits "A", "B," "C," and "D," 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 7th day of June, 2005. - Mayor Guy N. Goodson - LEGAL DESCRIPTION FOR ORDINANCES PURPOSES TRACT ONE BEING a 11.776 acre tract or parcel of land located in the H. Williams Survey, Abstract No. 56. Jefferson County, Texas, being comprised of a portion of that called 5.28 acre tract of record in Volume 1627 Page 471, a portion of that called 4.72 acre tract of record in Volume 1863 Page 485, and a portion of that called 5.0 acre tract of record in Volume 1865 Page 374, all of the Deed Records of Jefferson County, Texas having been conveyed to Young Men's Christian Association, said 11.776 acres being more particularly described by metes and bounds as follows: Note: The Basis of Bearings is along the west right-of-way line of Dowlen Road and the east line of the herein described tract having been called S 00°39'17" E 710.56 on a plat by Steven R. Boucher, RPLS No. 5.056 prepared November 24, 1997 for the 0.565.acre Jefferson County Drainage District No. 6 tract(of record in Clerks File No. 9807948 OPRJCT). COMMENCING at a Concrete Monument found in the west right-of-way line of Dowlen Road(based on 100' R.O_W.) for the northeast corner of Barrington Heights, a Plat of record in Volume 15 Page 348 of the Map Records of Jefferson County, Texas and the southeast corner of the herein described tract, from which a 5/8" Iron Rod found for the southwest comer of the said 5.0 acre tract of record in Volume 2043 Page 312 DRJCT and the northwest comer of Barrington Heights bears S 89°20'29" W 1290.31 feet (called S 88 036'07" W 1290.17 feet); THENCE N 00°39'17" W along the said west right-of-way line of Dowlen Road for a distance of 145.00 feet to a point for the southeast.comer and POINT OF BEGINNING of the herein described tract THENCE S 89 020'29" W along the south line of the herein described tract and being parallel to and 145.00 feet north of the north line of Barrington Heights for a distance of 852.78 feet to a point for the southwest corner of the herein described tract in the east line of that called 5.0 acre tract of record in Volume 2043 Page 312 of the Deed Records of Jefferson County, Texas and the west line of the said 5.0.acre tract of record in Volume 1865 Page 374 of the Deed Records of Jefferson County, Texas; THENCE N 00°41'57" W along the west line of the herein described tract and the west line of the said 5.0 acre tract of record in Volume 1865 Page 374 of the Deed Records of Jefferson County, Texas for a distance of 430.40 feet to a point in the south line of the said 0.565 acre tract for the northwest corner of the herein described tract: EXHIBIT "A" LEGAL DESCRIPTION FOR ORDINANCES PURPOSES THENCE along the north line of the herein described tract and the south line of the said 0.565 acre tract the following courses and distances to '/z" capped Iron Rods set for corners: N 65 046'39" E 6.73' N 64 016'58" E 202.24' N 61 052'19" E 138.89' N 59°54'41" E 22.02' N 62 02728" E 116.51' N 62 016'34" E 140.44' S 86 033'52" E 112.72' THENCE S 63°28'15" E continuing along the south line of the said 0.565 acre tract and the north line of the herein described tract.for a distance of 62.93 feet to a'/2" capped Iron Rod set in the southwest line of that called 0.1112 acre tract conveyed to Jefferson County Drainage District of record in the Clerks File No. 94-9418489 of the Official Public Records of Jefferson County,Texas and the north line of the herein described tract; THENCE S 49 040'54" E along the said southwest line of the 0.1112 Acre Tract and the north line of the herein described tlact for a distance of 164.32 feet to a Concrete Monument found in the said west fight-of-way line of Dowlen Road for the nortieast comer of the herein described tract; THENCE S 60°39'17" E along the west right-of w4Y line of Doyllen Roa�4n4 tag east line of the herein described tract, at 210.56 feet pass a found Concrete Mprtument, and continuing for a total dist4nce of 56.5.66 feet to the POINT AND PLACE OF BEGINNING and containing 11.776 acres of land; mare or less. LEGAL DESCRIPTION FOR ORDINANCES PURPOSES TRACT TWO BEING a 2.839 acre tract or parcel of land located in the H. Williams Survey,Abstract No. 56. Jefferson County, Texas, being a portion of that called 5.28 acre tract of record in Volume 1627 Page 471, a portion of that called 4.72 acre tract of record in Volume 1863 Page 485, and a portion of that called 5.0 acre tract of record in Volume 1865 Page 374, all of the Deed Records of Jefferson County,Texas having been conveyed to Young Men's Christian Association, said 2.839 acres being more particularly described by metes and bounds as follows: Note: The Basis of Bearings is along the west right-of-way line of Dowlen Road and the east line of the herein described tract having been called S 00°39'17" E 710.56 on a plat by Steven R. Boucher,RPLS No. 5056 prepared November 24, 1997 for the 0.565 acre Jefferson County Drainage District No. 6 tract(of record in Clerks File No. 9807948 OPRJCT). BEGINNING at a Concrete Monument found in the west right-of-way line of Dowlen Road (based on 100'R.O.W.) for the northeast corner of Barrington Heights, a Plat of record in Volume 15 Page 348 of the Map Records of Jefferson County,Texas and the southeast corner of the herein described tract, from which a 5/8" Iron Rod found for the southwest comer of the said 5.0 acre tract of record in Volume 2043 Page 312 DRJCT and the northwest corner of Barrington Heights bears S 89°20'29" W 1290.31 feet(called S 88 03607" W 1290.17 feet); THENCE S 89 020'29" W along the south line of the herein described tract and the north line of Barrington Heights for a distance of 852.78 feet to a point for the southwest corner of the herein described tract; THENCE N 00 041'57" W along the west line of the herein described tract and the east line of that called 5.0 acre tract of record in Volume 2043 Page 312 of the Deed Records of Jefferson County, Texas for a distance of 145.00 feet to a point for the northwest corner of the herein described tract; THENCE N 89°20'29" E along the north.line of the herein described tract for a distance of 852.89 feet to a point in the said west right-of-way line of Dowlen Road for the northeast corner of the herein described tract; THENCE S 00 039'17" E along the west right-of-way line of Dowlen Road and the east line of the herein described tract for a distance of 145.00 feet to the POINT AND PLACE OF BEGINNING and containing 2.839 acres of land, more or less. EXHIBIT "B" LEGAL DESCRIPTION FOR ORDINANCES PURPOSES TRACT THREE BEING a 4.686 acre tract or parcel of land located in the H. Williams Survey, Abstract No. 56. Jefferson County, Texas, being the remainder of that called 5:0 acre tract of record in Volume 2043 Page 312, of the Deed Records of Jefferson County, Texas having been conveyed to Young Men's Christian Association, said 4.686 acres being more particularly described by metes and bounds as follows: Note: The Basis of Bearings is along the west right-of-way line of Dowlen Road and the east line of the herein described tract having been called S 00°39'17" E 710.56 on aplat by Steven R. Boucher, RPLS No. 5056 prepared November 24, 1997 for the 0.565 acre Jefferson County Drainage District No. 6 tract(of record in Clerks File No. 9807948 OPRJCT). COMMENCING at a Concrete Monument found in the west right-of-way line of Dowlen Road (based on 100' R.O.W.) for the northeast corner of Barrington Heights, a Plat of record in Volume 15 Page 348 of the Map Records of Jefferson County, Texas and the southeast corner of the herein described tract, from which a 5/8" Iron Rod found for the southwest corner of the said 5.0 acre tract of record in Volume 2043 Page 312 DRJCT and the northwest comer of Barrington Heights bears S 89°20'29" W 1290.31 feet (called S 88 036'07" W 1290.17 feet); THENCE S 89 020'29"W along the south line of the herein described tract and the north line 6f Barrington Heights for a distance of 852.78 feet to a point for the southeast corner and POINT OF BEGINNING of the herein described tract THENCE S 89°20'29" W continuing along the south line of the herein described tract and the north line of Barrington Heights for a distance of 422.53 feet to a 1/s" capped Iron Rod set for the southwest corner of the herein described tract in the east line of the said 0.565 acre tract; THENCE N 00 038'56" W along the west line of the herein described tract and the east line of the said 0.565 acre tract for a distance of 391.32 feet to a 1/2" capped Iron Rod set in the south line of the said 0.565 acre tract for the northwest corner of the herein described tract; THENCE N 65°46'39"E along the north line of the herein described tract and the south line of the said 0.565 acre tract for a distance of 460.45 feet to a point for the northeast comer of the herein described tract; THENCE S 00°41'57" E along the east line of the herein described tract for a distance of 575.40 feet to the POINT AND PLACE OF BEGINNING and containing 4.686 acres of land, more or less. EXHIBIT "C" Surveyors Note(s): Proposed Boundar,,.s for Zoning Review Jefferson County Jefferson County (1) This Plot and the following descriptions Drainage District #6 for Tracts .One, Two, & Three were prepared Drainage District #6 0.1112 Acre Tract for planning and zoning purposes only. 9 CF J Acres 9807948 CF# 94-9418489 OPRJCT Found OPRJCT Jefferson County Concrete Drainage District #6 Found Mon ment Line Datum Detention Pond A 1/2' Rod. Tract 1 & L1= N 6546'39" E 6.73' FC# 104-01-0353 L6 L2= N 64'1658" E 202.24' RPRJCT ne P Found L3= N 61'52'19" E 138.89' F�oad ZZ ne X Rod d Ca Found L4= N 59'54'41" E 22.02' F�oad Concrete L5= N 62'27'28' E 116.51' Found Monument L6= N 62'16'34 E 140.44' 3/4" Rod ( L4 L7= S 86'33'52" E 112.72' Ref. Deed Jefferson County 4.72 Acres Drainage District #6 L8= S 63'28'15" E 62.93' 0.565 Acres Found V 1863 P 485 L9= S 49'40'54" E 164.32' CF# 9807948 112" Rod DR✓cT Concrete OPRJCT Monument original north lin L1 of Y.M.C.A. tracts k60� to ►) co /Found &936Acres Tract One Ref. Deed 1/2" Rod N C 5.28 Acres W O �� GC-MD V 1627 P 471 . N I I DRJCT *^. Jefferson County Drainage District 6 V S 89'20'29" W 853.00' 9 # n Tract Three bo 3 0.565 Acres 4.686Acres Ref. Deed � CF# 9807948 5.0 Acres I I P.O.B. y C� OPRJCT R-S m V 1865 P\ y Tract One Ref. Deed DRJCT C-I D-2 � *V o 3 5.0 Acres U N �- Jefferson County V 2043 DRJCT 312 O O Tract TWO Drainage District #6 '0 00 5.678 Acres Detention Pond A 15.00' P.O.B. GCMD-2 O Tract 1 FC# 104-01-0353 g Tract Three X RPRJCT Z ' Found 422.53' = 5/8" Rod M lu Z 14 13 12 11 10 9 8 I 7 6 5 4 3 2 1 15 P.O.B. Barrington Heights BLOCK 1 TPaca p V 15 P 348 Barrington Avenue Tract One SCALE : I"= 200' MRJCT P.o.C. �(p 0 F TE,� (60' R.O.W.) common area Tract Three /N\ ,�4••ASTER•I d Survey prepared for. Brian Lee Found t J �� G F� Concrete — ' •..•* 1, Joe A. Mottox, Texas Registered Professional Land Surveyor No. 5535, do Monument ,••••iO•'E•A'•..... OX hereby certify that I have prepared this Plat from an actual s rvey made on Su,�"veyors a � the ground and is true and correct to the best of my knowle ge and belief. ff •••w A•••5535 Qv• Texas Registered Professional Land Surveyors •�gQFE$S� OQ 505 South Fourth Street - Beaumont, Texas 77701 •��•�1 y Telephone (409) 838-6322 Fax 838-6122 ANOSU Joe A Ma ox RpIs5163®A0L.com Registered Professional Land Surveyor No. 5535 Codfile: q:\projects\7176.dwg 2 June 7,2005 Consider approving a request for a zone change from RM-H (Residential Multiple Family Dwelling-Highest Density)to GC-MD (General Commercial-Multiple Family Dwelling) District for the property at 4337 Crow Road Cit y of Beaumont Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tom Warner, Public Works Director MEETING DATE: June 7, 2005 AGENDA MEMO DATE: May 24, 2005 REQUESTED ACTION: Council consider a request for a zone change from RM-H(Residential Multiple Family Dwelling-Highest Density) to GC-MD (General Commercial-Multiple Family Dwelling) District for the property at 4337 Crow Road. RECOMMENDATION The Administration recommends approval of a zone change from RM-H (Residential Multiple Family Dwelling-Highest Density) to GC-MD (General Commercial-Multiple Family Dwelling) District for the property at 4337 Crow Road. BACKGROUND Robert Chapman,the property owner,is requesting a zone change from RM-H(Residential Multiple Family Dwelling)District to GC-MD(General Commercial-Multiple Family Dwelling)District for the property located at 4337 Crow Road. The property is currently occupied by a now vacant building that was used as a day care. Mr. Chapman would like to demolish that building and construct a new structure to house his insurance agency. He currently offices next door at 4345 Crow Road. That property was rezoned to GC-MD in 2001. BUDGETARY'IMPACT None. PREVIOUS ACTION At a Joint Public Hearing held May 23,2005,the Planning Commission voted 9:0 to approve a zone change from RM-H (Residential Multiple Family Dwelling-Highest Density) to GC-MD (General Commercial-Multiple Family Dwelling)District for the property at 4337 Crow Road. SUBSEQUENT ACTION None. RECOMMENDED BY Planning Commission, City Manager, Public Works Director and the Planning Manager. 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 RM-H (RESIDENTIAL MULTIPLE FAMILY DWELLING-HIGHEST DENSITY) DISTRICT TO GC-MD(GENERAL COMMERCIAL-MULTIPLE FAMILY DWELLING)DISTRICT FOR PROPERTY LOCATED AT4337 CROW ROAD, BEAUMONT,JEFFERSON COUNTY, TEXAS; PROVIDING FOR SEVERABILITY;PROVIDING FOR REPEAL AND PROVIDING A PENALTY. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That Chapter 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 RM-H (Residential Multiple Family Dwelling-Highest Density) District to GC-MD (General Commercial-Multiple Family Dwelling) District for property located at 4337 Crow Road, being Plat D-23, Tract 137 out of the south 'h of the north Y2 of Tract 61-F, F. Bigner Survey, City of Beaumont, Jefferson County, Texas, 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 7th day of June, 2005. - Mayor Guy N. Goodson - lL � V 3 ��.-,, - it3��►TIA C'.- 0 7 5 i 6 0 0 ,1 File 1779-Z: Request for a zone change from RM-H (Residential Multiple Family NORTH Dwelling-Highest Density) to GC-MD (General Commercial-Multiple Family 'A& Dwelling)District or more restrictive district. Location: 4337 Crow Road SCALE Applicant: Robert R Chapman N.T.S. ►q DS . 2.7l77«c: °IL3 ac. 1 LOT 7 m P" 4 spa.. O: g. fW.COR. Kr1k s c/ U .950, A gl' {R S RS f EXHIBIT "A" �_- 3 June 7, 2005 Consider approving a request for a specific use permit to allow a church in an RCR(Residential Conservation and Revitalization) District at 1707 and 1717 Pennsylvania City of Beaumont E• Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tom Warner, Public Works Director MEETING DATE: June 7, 2005 AGENDA MEMO DATE: May 24, 2005 REQUESTED ACTION: Council consider a request for a specific use permit to allow a church in an RCR(Residential Conservation and Revitalization) District at 1707 and 1717 Pennsylvania. RECOMMENDATION The Administration recommends approval of a specific use permit to allow a church in an RCR (Residential Conservation and Revitalization)District at 1707 and 1717 Pennsylvania subject to the following conditions: • Provide the required landscaping along the west side of the parking lot. • Provide an 8'tall wood screening fence along the north and south property lines. • Modification to the landscaping requirement along the north and south property lines so that landscaping is not required. • Provide a 25' rear yard building setback or receive a variance from the Board of Adjustment. • Provide an additional two parking spaces. BACKGROUND Followers of Christ Deliverance Ministry is requesting a specific use permit to allow a church at 1717 Pennsylvania. Phase One will include a 1680 sq. ft.sanctuary and related parking. Phase Two includes a 900 sq. ft. addition. The church will have a maximum seating for 30 persons. Reverend Margie Stelly, the pastor, states that activities at the church will include regularly scheduled Sunday and weekday services, church affiliated organizational meetings and gatherings and choir practices. The site plan shows a 10' rear yard building setback. A 25'rear building setback is required. The Planning Manager is recommending that the specific use permit be conditioned upon providing the 25' rear building setback or getting a variance from the Board of Adjustment. BUDGETARY IMPACT None. PREVIOUS ACTION At a Joint Public Hearing held May 23, 2005, the Planning Commission voted 9:0 to approve a specific use permit to allow a church in an RCR (Residential Conservation and Revitalization) District at 1707 and 1717 Pennsylvania subject to the following conditions: • Provide the required landscaping along the west side of the parking lot. • Provide an 8' tall wood screening fence along the north and south property lines. • Modification to the landscaping requirement along the north and south property lines so that landscaping is not required. • Provide a 25' rear yard building setback or receive a variance from the Board of Adjustment. • Provide an additional two parking spaces. SUBSEQUENT ACTION None. RECOMMENDED BY Planning Commission, City Manager, Public Works Director and the Planning Manager. ORDINANCE NO. ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A CHURCH IN AN RCR(RESIDENTIAL CONSERVATION AND REVITALIZATION) DISTRICT LOCATED AT 1707 AND 1717 PENNSYLVANIA IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS,the City Council forthe City of Beaumont desires to issue a specific use permit to Followers of Christ Deliverance Ministry to allow a church in an RCR(Residential Conservation and Revitalization) District located at 1707 and 1717 Pennsylvania, being Plat Q, Tracts 8 and 21, D. Brown Survey, City of Beaumont, Jefferson County, Texas, containing 0.28 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 conditions; NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That all conditions necessary for issuance of a specific use permit have been met and a specific use permit to allow a church in.an RCR (Residential Conservation and Revitalization) District for property located at 1707 and 1717 Pennsylvania, being Plat Q, Tracts 8 and 21, D. Brown Survey, City of Beaumont, Jefferson County,Texas, containing 0.28 acres, more or less, is hereby granted to Followers of Christ Deliverance Ministry, its legal representatives, successors and assigns, as described in Exhibit"A" attached hereto and made a part hereof for all purposes, subject to the following conditions: • Provide the required landscaping along the west side of the parking lot. • Provide an 8'tall wood screening fence along the north and south property lines. • Modification to the landscaping requirement along the north and south property lines so that landscaping is not required. • Provide a 25' rear yard building setback or receive a variance from the Board of Adjustment. • Provide an additional two parking spaces. 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 7th day of June, 2005. - Mayor Guy N. Goodson - ti 2k`'A j i ? File 1782-P: Request for a specific use permit to allow a church in an RCR NORTH (Residential Conservation and Revitalization) District. Location: 1707 and 1717 Pennsylvania A& Applicant: Followers of Christian Deliverance SCALE 1"=200' .so \ �o /o y PIPKIN PGRK a o, t 3AVE 3 `n ,! EMkErr , `1 ° _. -- —EMMETT AVE. Y 53 3_ 533E ao -1 153 W . a _ Q. `LA GHA qV F ° NOTES DIEU ° 0 > roo LANGHAM AVE. } r I� 6 ''� I 60 _ Z 1530 ft? I C ,- T9 i 41 sr 561 .\ 4 T i 6O 1 O �FJ CIi (i 7 BUFORO $ _ 73 - 50 i EO BUFORD ST. 10 O r N 25 is f i'T' 43 cu , 4t 4! 40 h �. 60 R Y AL S z3 �z —- i O T. z6`' M1 :x —j �� 'i 155 'JrJ CQ 60 9 R /55:3 �M1: ♦/1 / H, N `,� 3.. � y5_ _- J 4 3 I ?_ P '! �'C Q Z i 4 d 0 , t CRAIG ST. : s 5 EJ e t I I I ! p� I.Y r2 , 4 J r. / y 5 I S i t l / j I 3ffAMR,Ov�YY.. 1 AV'__ r i SHAMROCK AVE. 3"Gti4 i �x I —! T t i 3 4 4 EXHIBIT M iL A 17 CONC. --------•---•-•--•-•-------•-----------•-•------------- DRIVE 95 7, / CHAIN LINK J N 95.23 j FENCE ' 9572 95.5!1 95.64 TRACT 7 i j ! 95.69 I ! NOW OR FORMERLY, FILM CODE A 101021211 ✓CRPR 96.40 97.0 973 {! 1 I o. IU FOUND 112" EAST 123.35 SCALE: 1"' = 30' IRON958ROD / f0" MAGNOLIA(CALLED EAST 120.00') 't _95.36 / 95.79 95.8 SH STORAGE---•102.98 96.10 _ `/ 10" MAGNOLIA CONC..t. DRIV ,tea/ / o E+ ". 96. �`�/ �� x o y 96.00 96.21 -GRADE TO DRAIN 9750 97.17 O o W' to 95.77 !} i ... TRACT 8 10" HACKBERRY-1 �I i PROPOSED a PARKING FUTURE AD)ITION � GRADE TO DRAIN 20' X 5' h b 0 900 SQ FT O O ]U Y 95.8295.46.. F / _ / 7.17 W N 9720 \V' lV_ 7 t0 .. .. �Z 97.73 4. 0 '�... O HA RY V✓ O 10 LICI TING LIGHTING P b 10.00 TRACT 21 0 0 P m -GRADE TO DRAIN PROPOSED 1 STORY cpo o Y N BUILDING o �. HANDICAP RAMP ON BLOCKS AND WALKWAY 1680 SQ FT SC -5-' -0 � - 96.25 EVAE HT. 10' o j x ROOF HEIGHT 23' 96.23 t4.., � 0 •s 96.55 Ol§T FOR x 24" ELM a o O� Y > -95.63 (96.1] 96.76 9732 V b Q N cr coivc: t.; WEST 116.34' °o `� N Y ° DRIVE .i 95Ae' a� 9sse (CALLED WES 110.00") o FOUND 1" 3 b Y w 96160 6.23 96.64 IRON PIPE N F! ° (PINCHED) Y cd E O O U .. HACXBERRY � ' b `" TRACT 1 1 � w I o bp rn a •a nu on } 96.3 96.42 •Y '� F.' •F". �"'r b N j U Nib ... i ..�.. U .b v U o 96.07 56.35 96.70 _ A h NOW OR FORMERLY 3 T7 O cd 9621: i ' CLERKS FILE g o 3 2003050852 JCRPR 1° Q y o CONC-96.21.-. 5 o0 0 W) DRIVE ' � - j.:�-- !77 N 9655 95.73: I: 100.62 O y y U y •32 ?0055 j 962 .O� O O O O b FOUND 1" o -IRON PIPE SITE PLAN a Q 1707 AND 1717 PENNSYLVANIA STREET, BEAUMONT, TEXAS 4 A 0.28 ACRE TRACT OUT OF LANGHAM ADDITION AND BROWN ADDITION FAUST ENGINEERING AND SURVEYING, INC. "Serving the Golden Trtiangle for 10 years" 2525 Calder Street Project No. 0406190 Beaumont, Texas 77702 EXHIBIT "B' (409) 813-3410 Fax (40.9) 213-3484 4 June 7, 2005 Consider approving a request for a specific use permit to allow a church in an RM-H(Residential Multiple Family Dwelling-Highest Density) District at 7575 and 7579 Highway 105 City of Beaumont Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tom Warner, Public Works Director MEETING DATE: June 7, 2005 AGENDA MEMO DATE: May 24, 2005 REQUESTED ACTION: Council consider a request for a specific use permit to allow a church in an RM-H(Residential Multiple Family Dwelling-Highest Density) District at 7575 and 7579 Highway 105. RECOMMENDATION The Administration recommends approval of a specific use permit to allow a church in an RM-H (Residential Multiple Family Dwelling-Highest Density) District at 7575 and 7579 Highway 105. BACKGROUND Marlon Quibodeaux,the applicant,is requesting a specific use permit to allow a church at 7575 and 7595 Highway 105. Mr. Quibodeaux has been operating a gymnastics/cheerleading studio at this location for a number of years. In June,2004,City Council approved a specific use permit to allow the conversion of the gymnastics studio into a family entertainment center. Mr. Quibodeaux has since decided to buy property on IH- 10 for the family entertainment center. With Mr. Quibodeaux's decision to move to another location, he would like to sell the subject property to a church. Gospel Center Church,which was previously located at 6900 Eastex Freeway,is wishing to relocate to the Highway 105 location. The church has a congregation of 150 persons. Services will be held on Sunday mornings and evenings and on Wednesday nights. BUDGETARY IMPACT None. PREVIOUS ACTION At a Joint Public Hearing held May 23, 2005, the Planning Commission voted 9:0 to approve a specific use permit to allow a church in an RM-H (Residential Multiple Family Dwelling-Highest Density) District at 7575 and 7579 Highway 105. SUBSEQUENT ACTION None. RECOMMENDED BY Planning Commission, City Manager, Public Works Director and the Planning Manager. ORDINANCE NO. ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A CHURCH IN AN RM-H(RESIDENTIAL MULTIPLE FAMILY DWELLING-HIGHEST DENSITY) DISTRICT LOCATED AT 7575 AND 7579 HIGHWAY 105 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 Gospel Center Church to allow a church in an RM-H (Residential Multiple Family Dwelling-Highest Density) District located at 7575 and 7579 Highway 105, being Lots 11-13, Neches Terrace Addition, City of Beaumont, Jefferson County, Texas, containing 2.25 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 all conditions necessary for issuance of a specific use permit have been met and a specific use permit to allow a church in an RM-H (Residential Multiple Family Dwelling-Highest Density) District located at 7575 and 7579 Highway 105, being Lots 11-13, Neches Terrace Addition, City of Beaumont, Jefferson County, Texas, containing 2.25 acres, more or less, is hereby granted to Gospel Center Church, its legal representatives, successors and assigns, as described in Exhibit"A" attached hereto and made a part hereof for all purposes. Section 2. That the specific use permit herein granted is expressly issued for and in accordance with each particular and detail of the site plan attached hereto as Exhibit"B" and made a part hereof for all purposes. Section 3. Notwithstanding the site plan attached hereto, the use of the property 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 7th day of June, 2005. - Mayor Guy N. Goodson - File 1783-P: Request for a specific use permit to allow a church in an RM-H NORTH (Residential Multiple Family Dwelling-Highest Density) District. Location: 7575 and 7574 Highway 105 . Applicant: Marion Quibodeaux SCALE T'=200' "11 G D C - M Qs h� 1 f 1 � 1 .. .......... .......... ........... ........... .............. 1�(.-��}i.`v;:.:}}j:/:':(i��i:::�:>.�i:?:is i-i:.:;:�i`:!•:::f:?�:�:"v:��::`r�'::'?:- �::?;.;i�::�}f::-:: � - : HIGHWAY 105 j /GO `\ti Pp 19 L° /7 16 13 �� .tl 9 B 7 6 _3 �7 TOLIVAR RD>6150 (- 6. /08 6G 'sMS� 54 54 60 54 j 5.' �� 60 30 ( r. / �s 6 6 6 iO :a 3 P ( ,ll, fit SrJ ►��h�6 0 J4t43li 5E zs B TALLPINE .� .G 2 6 'U rb 106 o Q TAL 2 � ft fP n. o v 27 r �. r. 41 i. P EXHIBIT «A" . �r "..c073st-� ':�t+�^~ �:��cv.� k.��?'�;`.a�df'".3..E�-.,�" �" reta__x'� "3� �}�-�� ....`3m•4 .s.'-;. � AR6 +, -pq.S 9�'orpy- -fa . Fl�'c� i'� � • fi1. 1 _ .. eA € Nf` ..' `� f CHURCH SANCTUARY r` e t � YOUH �-��''' 'ua,^k."�'d•. .F".4.� � +.�. -�� 4•s of !3 1 CENTER ry• i '. r .r 5 June 7,2005 Consider approving a request for an HC-L (Historic Cultural Landmark Preservation) Designation at 1435 Broadway City of Beaumont •� Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tom Warner, Public Works Director MEETING DATE: June 7, 2005 AGENDA MEMO DATE: May 24, 2005 REQUESTED ACTION: Council consider a request for an HC-L(Historic Cultural Landmark Preservation) Designation at 1435 Broadway. RECOMMENDATION The Administration recommends approval of an HC-L(Historic Cultural Landmark Preservation) Designation at 1435 Broadway. BACKGROUND Mark Bergeron,the property owner,is requesting an HC-L(Historic Cultural-Landmark Preservation Designation) for the property located at 1435 Broadway. In March, 2005,the City Council approved an ordinance whereby structures that have been tagged as a dangerous structure but have historical significance are provided a time frame for their repair and/or rehabilitation. This ordinance stipulates that the structure must meet one of the following criteria: a) Existing or proposed recognition as a National Historic Landmark or Texas Historic Landmark, or entry, or proposed entry into the National Register of Historic Places. b) Identification as the work of a designer, architect or builder whose work has influenced the growth or development of the City. C) Embodiment of elements of architectural design, detail, materials or craftsmanship which represents a significant architectural innovation or an outstanding example of a particular historical, architectural or other cultural style or period. Determining if a structure meets Criteria(b) or(c) falls to the Historic Landmark Commission. If the property owner of the tagged structure meets one or more of these criteria, he or she will be provided one year to substantially complete repairs, as currently defined by the City, and one additional year to obtain a Certificate of Occupancy. If either one of these time frames is not met, the structure may be razed. The City of Beaumont issued a demolition order in January, 1992. The owner,at that time,was Lee Peveto. In July, 1992,the house was sold to Mark Bergeron. A work program was entered into in December, 1992. According to the file, Mr. Bergeron has entered into a number of work programs over the years to renovate this structure. Mr.Bergeron has now applied for an HC-L(Historic Cultural-Landmark Preservation Designation) to hopefully provide him with additional time to restore the structure. The structure was built in 1903 and represents a residence of a middle class family from the Spindletop Oil Boom period. The property was purchased from J.Frank Keith by Dan Sheeks,who built the house. The house remained in the Sheeks family for 54 years before being sold to Mr. and Mrs. Gordie Meaux. The house is of the Colonial Revival style. Mr.Bergeron states that one unique feature of the house is the novelty siding which represents innovative millwork and which he has not seen on any home of similar age in Beaumont. The house represents materials and craftsmanship from the start of the 1900's. The wrap-around porches have classical columns, dentil trim on the entablature above the columns, and fish scale pediments above the porch entrances which are typical of the period. Mr. Bergeron states that there are several historic houses located in the blocks surrounding 1435 Broadway. The subject property is directly behind the Mildred Building. The house is listed in both the 1977 and 1989 SPARE Beaumont surveys. SPARE evaluated the structure as having local historic significance and of fair architectural style. BUDGETARY IMPACT None. PREVIOUS ACTION At a Joint Public Hearing held May 23, 2005, the Planning Commission voted 9:0 to approve an HC-L(Historic Cultural Landmark Preservation) Designation at 1435 Broadway. At a Special Meeting held May 16,2005,the Historic Landmark Commission voted 8:0 to approve an HC-L(Historic Cultural Landmark Preservation) Designation at 1435 Broadway. SUBSEQUENT ACTION None. RECOMMENDED BY Planning Commission, City Manager, Public Works Director and the Planning Manager. ♦ i J t l-`r a �° `I f • t.. � ! 'i r � f �/ � J aar �0 41 42 _ 44 ' File 47-HC: Request for an HC-L (Historic Cultural Landmark Preservation) NORTH Designation. Location: 1435 Broadway --L Applicant: Mark Bergeron SCALE 2C 666 1"=200' T 1 I i -:O ro 4 FE I i i 37 40 39 38 . I i I i I I 30 - 50 5a 5o s/ M,z 1 30 4 50 i - - I - 50 30.4, 50 ' I - CALDER AVE. 50 1,f _ 570 50 311 30 JO 30 5/ '50 2 50 o 30 505 o I ' l • t I / f : a z z_ 0 b J 9 8 h q z b Q I I W h CJC o i � I i g OA wa .50 S �f!fff a 3 0 572 5 50 50 5/ SO2 50,1 1 ! " g BROADWAY AVE 50i60a _ �l gr 50 k 1// 50 10 0 §O S/ Q ©':: R SO 30 A0 -` 8 W i 14 43 J' � 3i I 641 } f f a , I , ro l r u s f , 10 R �?^ I �. °e` /CfrT�'i I ' i AKr -W / 1 50 ! M S/ ! 50 2 50 ! 50 50 LIBERTY AVE. 5o so 5i so - o o o so 1302 -40 IV i 27 26 7� 25 z• b i n tt 7 f , w N ! 7 / ! • ro i ` G AURfL a A► i 50 S0 ;/ ! 30 5 57 2 37e " JO 50 ' �G5 a LAUREL AVE. --�-- Y 50 31 50 30 G \ 50 - I 7 Q 3 V pg 30 t; ;P0 50 � 6 June 7, 2005 Consider approving a request to abandon a 20'wide utility easement crossing Tract 61E, Plat RS- 5, D. Easley Survey located west of Major Drive, approximately 470' south of Greenfield Drive City of Beaumont •�• Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tom Warner, Public Works Director MEETING DATE: June 7, 2005 AGENDA MEMO DATE: May 24, 2005 REQUESTED ACTION: Council consider a request to abandon a 20' wide utility easement crossing Tract 61E, Plat RS-5, D. Easley Survey located west of Major Drive, approximately 470' south of Greenfield Drive. RECOMMENDATION The Administration recommends approval of the request to abandon a 20' wide utility easement crossing Tract 61E, Plat RS-5, D. Easley Survey located west of Major Drive, approximately 470' south of Greenfield Drive, subject to relocating the existing sewer and telephone cables as agreed upon with the City and SBC. BACKGROUND Mark Whiteley and Associates,Inc.,the applicant,is requesting an abandonment of a 20'wide utility easement that runs along four lots of the proposed Greenfield Addition. After meeting with the City of Beaumont Water Utility Department, it was suggested and agreed upon to relocate the existing 10" sanitary sewer line to a new easement on the south end of the proposed subdivision. Mr. Whiteley also states that there are two SBC cables running in this easement. Mr. Whiteley is currently negotiating with SBC for the relocation of their lines. This item was sent to all interested parties. No objections were received. However, the City of Beaumont and SBC will require the relocating of the existing sewer and telephone cables. BUDGETARYIMPACT None. PREVIOUS ACTION At a Regular Meeting held May 23,2005,the Planning Commission voted 9:0 to approve the request to abandon a 20'wide utility easement crossing Tract 61 E,Plat RS-5,D.Easley Survey located west of Major Drive, approximately 470' south of Greenfield Drive, subject to relocating the existing sewer and telephone cables as agreed upon with the City and SBC. SUBSEQUENT ACTION None. RECOMMENDED BY Planning Commission, City Manager, Public Works Director and the Planning Manager. ORDINANCE NO. ENTITLED AN ORDINANCE ABANDONING A 20' WIDE UTILITY EASEMENT, APPROXIMATELY 470' SOUTH OF GREENFIELD DRIVE IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. BE IT ORDAINED BY THE CITY OF BEAUMONT: THAT a 20'wide utility easement located west of Major Drive, approximately 470' south of Greenfield Drive, located west of Major Drive,approximately 470'south of Greenfield Drive, being a 20' x 305' utility easement recorded in Vol. 14, Page 146 of the Map Records of Jefferson County and diagonally crossing Tract 61 E, Plat RS-5, D. Easley Survey, City of Beaumont, Jefferson County, Texas, containing 0.14 acres, more or less, as described on Exhibits"A" and "B" attached hereto, be and the same are hereby vacated and abandoned subject to relocating the existing sewer and telephone cables as agreed upon with the City and SBC. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 7th day of June, 2005. - Mayor Guy N. Goodson - File 682-OB: Request to abandon a 20' wide utility easement crossing Tract 61E, Plat NORTH RS-5,D. Easley Survey. Applicant:.Mark Whiteley & Associates, Inc. SCALE 1"=200' o'�7 0© N�I© p O O O o ✓0 n d N A b L 6 1-RS-5 ID O y2 52 •: vs m a - � S 125 X13 4a,/0' � 30' _ Y _ O 4U 0. 40 �O"z20, —L VJ LA L .y +O II 12 13 O J 5 f G 120 35 ,s.3' Ito � y N tS6125' 1 G4 i n 1 2 4 NW SUBJECT . \22 1a61B Ol 5 `t5 115.61 70. 5 65.04 65. 1 '65.06 �O o / 2 �-j{ 5 PEP ER+D LAME 6,.,6 6 0 10 I 6 5 65 1131.41 0 n 75 60' 60 48 i J of _ r� 4;v Br 60 felt./f ,- c 7',.r'L£ic Finn y.. 65.0.051 5060 2. .. 160 C QO O /20 /ZO C 50 , /O 1 ° 50 t20 3/ 120+U 120 120 / 1 120 W _ 16 / 32 2! ' 32 P ' ; / .J 2 I 3 .�� 4 5 w 17 2 17 2 33 3. 33 3 I Q I 3 34 4 0 LAI,lE 34 4' SILV RWD0 eo 6o I f 35 5• 35 5 /B 3 /B 3 36 6 36 6 37 J , 37 T 78.59 ( 65 i 65 65 I 50.6 /9 r 4 /B 4 38 B n.a 6- 39 9 39 / 9 n l3 I /2 1 // 2 /0 9 20 5 r 20 S 40 /O 1 40 l0 - _ c H 4/ // - 4! // W:� 7930 I 55 21 6 r 2/ 6 42 /2 42 12 �71V 7s.3C 60 4-T 43 �J P3 7 ? O , C: 4 S 22 44 /4 44 /4 p �� r 2 8 B 46 16 461'_ 16 \! 6 o I 9.0 ! 47 , 17 47 LLI 1 /7 - �1 24 9 = / 24 9 48 1B - 48 /8 ' �i� o• 49. 19 �s 0 r P1 /0 50 , 20 50 20 = r EXHIBIT "A" r NORTH MAJOR DRIVE (F.M. HIGHWAY NO. 364) (120' ROW) - - J— SC14LE 1 3. "=100' / 2701 ACRE TRACT / PARIGI PROPERTY MANAGEMENT, LTD. CF. No. 2003023009 i OP.RJC / LOT t l07 Z f. bN WW / II13 I I I I q'A.LG SE18vJf/ //LOT f ��// EXISTING 20' UTILITY EASEMENT ------__�i �' // TO BE ABANDONED VOL. 14, PG. 146 MRJC I s, PROPOSED G.REENFIELD—ADDITION \I L I� \ I �� quote COURT I � / PROPOSED 20' UTILITY EASEMENT am FJ31FM y \ / ---- - - ------ ----------- I�--- - zs'ad mx — LOr / LOT a LOT 13 LOT iz Lar it LOT to I I� REMAINDER OF 830 ACRE TRACT BLOCK 2 JOHN H. WALKER II ___-_____ VOL. 689, PG. 181 L----- ------ Is_ea.se7ncR ------------ DRJC — — — — — — — — — — -- — — — —. BLOCK 6 / LOT 9 LOT 807'7 / LOT 6 C EASLEY DRIVE D LOT.5 CLIENT: PAR16V PROPERTY JifAArAGE,IfENT LTD. DR BY: JAW SCALE SHEET No.: VER: ACAO 2000 1"=100' 1 of 1 E%ffiBIT A JOB NO. FILE.- W:\2002\02-199 REV. C7REENFIELD VILLAGE 02-199 1 EXHIBIT A 0 ABANDONMET OF SECTION ONE MARK w. WHITELEY 20' UTILITY EASEMENT VOL. 14, pg. 146 AND ASSOCIATES VOLUME 14, PAGE 146 m MRJC ' INCORPORATED x I CONSULTING ENGINEERS, MRJC SURVEYORS, AND PLANNERS m ED J p. 0. X 5492 E 618 7250 EASTIX FR17. l BOo9 BIX IX B2�S01212- 2 T 9EA Nf.�SeIXA.917'f'/07 W 7 June 7,2005 Consider approving a request to abandon a Y wide water line easement crossing Tract 1, Block 27, J. B. Langham Estates located at the corner of 14t'and Harrison City of Beaumont Council Agenda Item W, TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tom Warner, Public Works Director MEETING DATE: June 7, 2005 AGENDA MEMO DATE: May 24, 2005 REQUESTED ACTION: Council consider a request to abandon a 5'wide water line easement crossing Tract 1, Block 27, J. B. Langham Estates located at the corner of 14`h and Harrison. RECOMMENDATION The Administration recommends approval of the request to abandon a 5'wide water line easement crossing Tract 1, Block 27, J. B. Langham Estates located at the corner of 14" and Harrison. BACKGROUND Mark W. Whiteley, the applicant, is requesting the abandonment of a 5'wide water line easement that diagonally crosses a tract of land at the corner of 14`h and Harrison. The property is owned by Sam Parigi. Within the last several months, Mr. Parigi has been working with the City to relocate and add additional water lines in this area to facilitate current and future development. This item was sent to all interested parties. No negative responses were received. BUDGETARYIMPACT None. PREVIOUS ACTION At a Regular Meeting held May 23,2005,the Planning Commission voted 9:0 to approve the request to abandon a 5'wide water line easement crossing Tract 1,Block 27,J. B. Langham Estates located at the corner of 14`h and Harrison. SUBSEQUENT ACTION None. RECOMMENDED BY Planning Commission, City Manager, Public Works Director and the Planning Manager. ORDINANCE NO. ENTITLED AN ORDINANCE ABANDONING A 5' WIDE WATER LINE EASEMENT LOCATED AT THE CORNER OF 14TH AND HARRISON STREETS IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. BE IT ORDAINED BY THE CITY OF BEAUMONT: THAT a 5'water line easement located at the corner of 1411 and Harrison Streets, being that 5' x 180' water line easement recorded in Vol. 852, Pg. 12 of the Jefferson County Deed Records and that diagonally crosses the northwest corner of Tr. 1, Block 27, J.B. Langham Sr. Estate Addition, City of Beaumont, Jefferson County, Texas, containing 0.020 acres, more or less, as described on Exhibits"A" and "B" attached hereto, be and the same are hereby vacated and abandoned. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 7th day of June, 2005. - Mayor Guy N. Goodson - File 681-OB: Request to abandon a 5` wide water line easement crossing Tract 1, NORTH Block 27, J..B. Langham Estates. Applicant: Mark Whiteley & Associates, Inc. SCALE 1"=200' e 50 WI T-2 a 51,50 00 700-4 f I � LLI v V z7o 2 j r. t� to A 27760 I � S(,50 n0 :L7(JO- !AJ\f= L-�, T 26 a.95 J EQ ° 3 LLI T_1 � G`' � w B 1 ) RE e 3.2'13c a 3.213 ac. ` � b99 a. �/ N SUBJE PAY 97.Z4 WO LOT' io 6' r-'r1 Y 1 flJ f`fij °o Uesa_9 �I 9v4 t / v -TK I- D 0 ORS DR \ 99.70 brY 60 153.1d 1691 Ge 2 Abandon(ApriJ17,/965) By Me Cif COunGiI 31 w Z s.ae ao ao eo ao 79.26. am GAY LYN N h �, A O D 01 b d V 9 to V 9 ° ^ 4 Q- fr_,./ A C _APARTMENTS I 92. a ao QO 2 195.7-1 O 9 j Q V P R a 2T Z TR 2 J � / 1•oA3. 2.714— A56u ZIO TI,1 h h o 3 5ro T 50 H-0 W~~" I i I ' - HIE 35 6 30-00 3'750- 77k Oe AYE T= HARRISON l27 85 9 KS.So O „ 4 I S 1.lnl 34o0' bs0-' 004g5�c-I 0 0 ; - /-5c;mss. 3. 31�30 L2 k _ �36s,78 II I i R rt- ' ° CALLED 5.8".,TEES .. J.M.D)L L IAM el n[ rRlls4tS _ (:ALDER RAPTISI f•NDRCH OF REAIIAFDNI, rrXAs � °4� VOL.. 6.54, 561 n\"J�n u;A(:I ONE y c.R 1 ACRES f.At OE(I BAPTIST C•HURr.N nr,JC �@ o. (:A1.LTn 1,7/.7 ACFCS GARY C.RHINE, lRUSrEC OF OEAI/NON( /1��37'"� C.ASIII MOIL:I, INC Fr NO, 104-33-011.55 V01., 1219,PG.214 ' rr N0. 101.65.;14(1 OPRA. nrR,/r S�° o v I NO(:ON(:, MONO STAMPI.0 GEORGE SCRI(TEO "X° .rND 560'43'OI"E 279,00' FN0 SOO'J9'J5-E 102.44' .I. SCUAl161RUFC rND 500'43'01"E J59.72' 1, CONC. 11"R'D4 Rn' NT) rND R/ 8 " R{ENAO RFS ND N 1R!(ORD E REMAINDER 4.0581 ACRES , SAM C. PARIGI, JR. TRUSTEE .- CF, N0, 2003024876 •-ry OPRJC n 2.7252 ACRES In W 'srECIAE WARRANT'OFFR" l u NSWl3 REAL II', LTD o H(1'I Ar OI -- I ( (1r. NO. 200404R4r,1 �4'.°m a� a,n o v (PR.1(7 z 1 n)Nn, "H' w ) N'lll lnM( Nrl)II JR, rI��> C.,v'n a 3� q n I 4� n !f N0 104 .5,1 71(.1(1 )rr,.rc: mw 4v U N in ll_ �=Qi v rn p "o`i„ S S o ti ti a z o UTILITY EASEMENT TO ;� I ;, �> � 4 I BE ABANDONED p �.-5'WIDE WATERLINE EASEMENT o' 10'WIDE Slwcr'EAsr&,rN1 -� 4/ PER VOL. 8.52, PG. 12 PI t? VOI. 800 1'(;. 107 DR1C , rne.lc I � fNll 5/18" I I. 518,Ron f'Nn 0 CAL C. I. R,7 I,ROD CORNER FN0 NOO'4.335'W 36J.1.1' SET FND NO0'4,1;35'%V 279.00 rND NOO'46'13"W 102.26' FND 5/,9" 1. ROD 14TH STREET (ro' R.o.w.) CLIENT: SAM C. PARIGI, JR., TRUSTEE VER��2D00 S"`1"--150' SET 1 or I PROPOSED UTILITY EASEMENT ABANDONMENT . JOB NO. PILE: 3ti�oo4\p� M\PARO E\ REV. 04-755 04-755A_ABANDONMENT 0 OUT OF AND PART OF BLOCK 27 DATE: FEBRUARY 22, 2005 J.B. LANGHAM, SR. ESTATE SUBDIVISION VOL. 6, PAGE 107 AND +ARK . WHITELEY VOL UME 6 'PAGE 117, MAP RECORDS D ASSOCIATES M INCORPORATED THOMAS H. LEWIS SURVEY, ABSTRACT NO. 161 X TING ENGINEERS,= ORS, AND PLANNERS AND D.J.O. MILLARD SURVEY, ABSTRACT NO 179 4D BEAUMONT, JEFFERSON COUNTY, TEXAS P, 0. BOX 5192 0 Ms mL FRwy. BGU 525 MONT. TBXAS 7 11-0492 BMUMDIR. TEXAS 77M 409-692-0421 (FAX) 4o9-892-1546 8 June 7,2005 Consider approving a resolution authorizing the participation of the City of Beaumont with other Entergy Gulf States, Inc. service area cities to intervene in proceedings before the Public Utilities Commission of Texas for the calendar year 2005 A.. City of Beaumont �• Council Agenda Item � c TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tyrone E. Cooper, City Attorney MEETING DATE: June 7, 2005 AGENDA MEMO DATE: June 1, 2005 REQUESTED ACTION: Council consider a resolution authorizing the participation of the City of Beaumont with other Entergy Gulf States, Inc. service area cities to intervene in proceedings before the Public Utilities Commission of Texas for the calendar year 2005. RECOMMENDATION Administration recommends the adoption of a resolution authorizing the participation of the City of Beaumont with other Entergy Gulf States, Inc. service area cities to intervene in proceedings filed by EGSI before the Public Utilities Commission of Texas for the calendar year 2005. BACKGROUND The state legislature has adopted legislation which allows Entergy Gulf States,Inc.to request,among other things, a rate change to recover its costs and expenses incurred in its efforts to transition to competition and annual capacity costs. Additionally, Entergy Gulf States, Inc. continues to make periodic fuel costs filings. These proceedings will be filed at the Public Utilities Commission of Texas. Historically,the City of Beaumont has joined other cities in the Entergy Gulf States' service area in participating in proceedings before the Public Utilities Commission of Texas in various rate and fuel matters filed by Entergy Gulf States,Inc. The City of Beaumont has adopted a similar resolution to the one proposed today in 2002,2003,and 2004 and has participated in those various cases since that time. The purpose of this resolution is to authorize for this calendar year that the City of Beaumont participate with other cities in intervening in the various cases that the company might file in 2005 concerning EGSI's readiness for competition,market power,organizations and structures to assure fair competition to all customer classes and rates and charges under competition price caps. The action of the various cities intervening in these matters are accomplished pursuant to the direction of a Cities' Steering Committee of which the City of Beaumont is a member. The Cities' Steering Committee will retain rate consultants and attorneys who will represent the cities' interest in the above proceedings. BUDGETARYIMPACT All reasonable expenses associated with these cases will be reimbursable by the company as they have been in the past. PREVIOUS ACTION The city has authorized similar resolutions for the calendar years for 2002, 2003 and 2004. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager, and the City Attorney. RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF BEAUMONT, TEXAS, AUTHORIZING PARTICIPATION WITH OTHER ENTERGY SERVICE AREA CITIES IN MATTERS BY ENTERGY AT THE PUBLIC UTILITY COMMISSION OF TEXAS IN 2005 WHEREAS, Entergy Gulf States' (EGSI) implementation of customer choice has been delayed due to lack of competition; lack of independent market structures and organizations in its service territory to implement fair competition; and because EGSI's ability to control the market in its region has not been evaluated; and, WHEREAS, changes to the Public Utility Regulatory Act addressing rates and rate proceedings will have a direct impact on EGSI and customer bills during the continued transition to competition; and, WHEREAS, EGSI is scheduled to file various proceedings at the Public Utility Commission in 2005 related to transition to competition expenditures; capacity cost surcharges; various fuel cost surcharges; and for approval of various market structures necessary for the implementation of fair competition; and, WHEREAS, EGSI is scheduled to file a fuel factor proceeding at the Public Utility Commission in September 2005, and may file other fuel proceedings during 2005 to reconcile fuel, to surcharge or refund fuel charges, and to change the fuel mechanism, along with various surcharge requests impacting base rates; and, WHEREAS, Cities have a duty to set fair and reasonable rates for both the Company and ratepayers within Cities; and, WHEREAS, Cities have original jurisdiction over rates, operations, and services of an electric utility in areas in the municipality pursuant to Tex. Util. Code §33.001; and, WHEREAS, Cities have standing in each case before the Public Utility Commission of Texas that relates to an electric utility providing service in the municipality pursuant to Tex. Util. Code §33.025; WHEREAS, Cities are entitled to reimbursement of their reasonable rate case expenses to participate in cases that are deemed rate proceedings pursuant to Tex. Util. Code §33.023. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: SECTION 1. The City of Beaumont shall participate with other Cities to intervene in EGSI's various rate filings related to the recovery of transition to competition costs, capacity costs and fuel cost proceedings, which include fuel reconciliation(s), fuel factor and fuel surcharge/refund cases filed at the Public Utility Commission in 2005 seeking appropriate regulatory scrutiny. The City of Beaumont shall participate with other Cities to intervene in proceedings atthe Public Utility Commission filed in 2005 concerning EGSI's readiness for competition, market power, organizations and structures to assure fair competition to all customer classes, and rates and charges under competition or price caps. All such actions shall be taken pursuant to the direction of the Cities' Steering Committee. Cities' Steering Committee shall have authority to retain rate consultants and lawyers. Cities'Steering Committee shall direct the actions of Cities' representatives in the above proceedings. The Steering Committee is directed to obtain reimbursement from EGSI of all reasonable expenses associated with participation in said proceedings. SECTION 2. This resolution shall be effective from and after the date of its passage. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 7th day of June, 2005. - Mayor Guy N. Goodson - ATTEST: City Clerk APPROVED AS TO FORM: City Attorney 9 June 7,2005 Consider approving a bid for the construction of new walking trails at Perlstein and Wuthering Heights Parks C CQJ lfi of Beaumont Council Agenda Item Mc L TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Kirby Richard, Internal Services Director MEETING DATE: June 7, 2005 AGENDA MEMO DATE: June 1, 2005 REQUESTED ACTION: Council approval of the award of a bid for the construction of new walking trails at Perlstein and Wuthering Heights Parks. RECOMMENDATION Administration recommends the award of a bid for furnishing all labor, equipment, materials and supplies necessary to construct new walking trails at Perlstein and Wuthering Heights Parks in the amount of$194,200 to G& G Enterprises of Orange, Texas. BACKGROUND Bids were received on Thursday, May 19, 2005, for furnishing all labor, equipment, materials and supervision for the construction of asphalt walking trails. The trail at Wuthering Heights Park will be approximately one mile in length. Perlstein Park's 1/2 mile walking trail will include four fitness stations, a rest stop with a drinking fountain and bench, and the planting of sixteen trees. The bids received for this project are as follow: Contractor Total Bid Completion Time G& G Enterprises $194,200 49 calendar days H.B. Neild& Sons $274,945 145 calendar days Beaumont, TX Bruce's General Construction $283,700 j 90 calendar days Walking Trails June 1, 2005 Page 2 The low bidder, G & G Enterprises plans to subcontract a total of$28,273.45 or 15% to a city certified MBE/DBE company. Work will begin in approximately two weeks and be completed within 49 days. BUDGETARY IMPACT Funds are available in the General Improvements Fund. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager and Internal Services Director. 10 June 7,2005 Consider approving a resolution authorizing the submittal of projects to the Southeast Texas Regional Planning Commission- Metropolitan Planning Organization as candidates for selection and inclusion into the Jefferson Orange Hardin Regional Transportation Study(JOHRTS)2007 Metropolitan Transportation Plan- 2030 (MTP-2030) City of Beaumont It7E---17!J Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Mark Horelica, Transportation Manager MEETING DATE: June 7, 2005 AGENDA MEMO DATE: May 27, 2005 REQUESTED ACTION: Council consider a resolution authorizing the submittal of projects to the Southeast Texas Regional Planning Commission - Metropolitan Planning Organization(SETRCP-MPO)as candidates for selection and inclusion into the JOHRTS 2007 Metropolitan Transportation Plan - 2030 (MTP-2030). RECOMMENDATION Administration recommends authorization to submit candidate projects to the SETRPC for inclusion in the JOHRTS MTP-2030. BACKGROUND The SETRPC-MPO provides direct input for project submittal for two (2) Federal and State funding categories. The categories for which projects may be submitted must address Congestion, Mitigation and Air Quaility (CMAQ) issues and District Discretionary for improvements on the State Highway System. Projects will be evaluated and scored by the JOHRTS Technical Advisory Committee. These scores and project readiness results will be used to determine when and if projects will be included in the financially constrained components of the MTP. In order to spend Federal dollars on local transportation projects and programs, a metropolitan area must have a metropolitan transportation plan and a transportation improvement program. The MTP's financially constrained component constitutes projects that have identifiable funding sources during the MTP planning horizon (normally 1 to 20 years). The JOHRTS Technical Committee will review and approve the project ranking and list as appropriate for inclusion in the MTP and upon adoption will be included. Project selection is based on project submittal guidelines requiring that the roadways appear on the Beaumont Urban Area Functional Classification Map. These projects are as follows: Project Description Project Cost Local Share Dowlen Road Extension- (College to Walden) $4,320,000 $ 864,000 Construct new four (4) lane, divided roadway. Washington Boulevard - (Langham to Major Drive) $3,240,000 $ 648,000 Widen to four (4) lanes. Traffic Signal Optimization Study $ 250,500 $ 50,100 Conduct citywide signalization study. Amelia Pedestrian Safety Program $ 275,000 $ 55,000 Sidewalk construction project. BUDGETARY IMPACT Eighty percent(80%)of the project cost will be provided by Federal, State and local sources, with the Federal sources providing the largest portion. The remaining twenty percent (20%) will be provided by the local sponsor (City). PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager, Public Works Director, City Engineer and Transportation Manager. SETRPCMPOcg,wpd May 19,2005 11 June 7, 2005 Consider authorizing the City Manager to execute an Emissions Reduction Incentive Grant agreement with the Texas Commission on Environmental Quality(TCEQ) E City of Beaumont Council Agenda Item -Z K g TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tom Warner, Public Works Director MEETING DATE: June 7, 2005 AGENDA MEMO DATE: June 2, 2005 REQUESTED ACTION: Council consider authorizing the City Manager to execute an Emissions Reduction Incentive Grant agreement with the Texas Commission on Environmental Quality (TCEQ) in the amount of$472,600. RECOMMENDATION Administration recommends authorizing the City Manager to execute an Emissions Reduction Incentive Grant agreement with the Texas Commission on Environmental Quality (TCEQ) in the amount of $472,600. BACKGROUND Through the efforts of the South East Texas Regional Planning Commission(SETRPC),the City was able to obtain 100 percent funding for 20 alternative fuel buses to be used by Beaumont Municipal Transit(BMT). In order to fuel this many buses within a reasonable time frame, it will be necessary to construct a compressed natural gas (CNG) fueling station at BMT. In March 2005, the City applied for a Texas Emissions Reduction Plan(TERP)grant with the TCEQ. This program was established by the Texas Legislature to provide monetary incentives for projects to improve air quality in the State's non attainment areas. These areas have been determined to not meet certain air quality standards established by the Environmental Protection Agency. An eligible activity may include the purchase and installation of a stationary or mobile on-site infrastructure for refueling motor vehicles, on-road heavy duty vehicles and non road equipment with a qualifying liquid or gaseous fuel. In May 2005, the City was notified by the TCEQ that an Emissions Reduction Incentive Grant was awarded to Beaumont in the amount of$472, 600. This grant, coupled with Federal Transportation Administration funds of$200,000, will fund approximately 58 percent of the estimated total cost of the $1,157,500 project. BUDGETARY IMPACT The Transit Fund will be responsible for 42 percent or $484,900 of the total project cost. It should be noted that this amount represents only 6.6 percent of the total estimated cost for the buses and fueling system. Under normal funding conditions, the cost to the City for the purchase of the buses and the fueling system would be $1,471,500. PREVIOUS ACTION In January 2004, City Council approved an agreement with the Texas Department of Transportation to fund, with toll credits, the non federal matching share for the alternative fuel buses. The value of the toll credits was $1,550,000. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager, Public Works Director and Transportation Manager. TERPGrantTCEQ.wpd June 2,2005 12 June 7, 2005 PUBLIC HEARING: Receive comments relating to an application for FY2005 Operating Assistance funds from the Federal Transit Administration(FTA) for the Beaumont Municipal Transit System City of Beaumont �• Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Mark Horelica, Transportation Manager MEETING DATE: June 7, 2005 AGENDA MEMO DATE: May 26, 2005 REQUESTED ACTION: Council conduct a public hearing regarding an application to receive FY2005 Operating Assistance funds from the Federal Transit Administration(FTA) for the Beaumont Municipal Transit System. RECOMMENDATION Administration recommends that City Council conduct a public hearing regarding the FY2005 application for Federal Transit Administration (FTA) funds. BACKGROUND Beaumont Municipal Transit will prepared a grant application for FY 2005 FTA funds. The grant will help fund the construction of a new CNG fueling station, the purchase of two (2) new replacement supervisory vehicles, labor, fringe benefits, parts and supplies, purchased services, utilities, insurance, taxes and licenses, and all other miscellaneous expenses needed for the operation and maintenance of the Beaumont Municipal Transit(BMT)System in Fiscal Year 2005, the period from October 1, 2004 through September 30, 2005. BUDGETARY IMPACT The grant will fund up to approximately 50% of the net operating deficit. OPERATING PROJECT BUDGET FTA Grant Share $1,490,476 City Share 1,177,029 State Share 396,895 Charter 30,000 Advertising Revenue 13,600 Farebox Revenue 591,128 Total $3,699,128 PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMIV4ENDED BY City Manager, Public Works Director, City Engineer and Transportation Manager. FTAGmt05cg.wpd 05-27-05 13 June 7, 2005 Conduct an election of Mayor Pro Tempore The City Council shall elect one of its members as Mayor Pro Tempore for a one(1)year term. The Mayor Pro Tempore shall perform the duties of the Mayor in case of the absence or inability of the Mayor to perform the duties of the office, and, if a vacancy occurs, shall become Mayor for the unexpired term. If the Mayor Pro Tempore is unwilling to assume the duties of Mayor in the event of a vacancy in that office, then the City Council shall appoint a Mayor Pro Tempore from its membership