HomeMy WebLinkAboutPACKET MAY 23 2006 City of Beaumont
REGULAR MEETING OF THE CITY COUNCIL
COUNCIL CHAMBERS MAY 23, 2006 1:30 P.M.
CONSENT AGENDA
* Approval of minutes
* Confirmation of committee appointments
A) Approve a contract for Emergency Standby Products and Services in the event of a
disaster
B) Approve a contract for catering services in the event of a disaster
C) Approve a resolution accepting maintenance of the street, storm sewer, water and sanitary
sewer improvements in Highlands Pointe Addition, Phase II
D) Approve a resolution authorizing the acquisition of right-of-way for the Phelan Boulevard
Project
•
A
City of Beaumont
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Council Agenda Item
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TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Brenda Beadle, Purchasing Manager
MEETING DATE: May 23, 2006
AGENDA MEMO DATE: May 18, 2006
REQUESTED ACTION: Council approval of a contract for Emergency Standby Products and
Services.
RECOMMENDATION
Administration recommends the award of a contract for furnishing emergency standby products
and services in the event of a disaster to Garner Environmental Services, Inc. of Deer Park, Texas.
BACKGROUND
One proposal was received to furnish emergency standby products and services on Friday, May 12,
2006. Emergency products and services include but are not limited to, generators, pumps, shower
trailers, walk-in coolers, heavy equipment, air compressors, fuel, air conditioners, food, water and
temporary personnel. This contract will not be implemented unless there is a declared disaster and
evacuation of the city. Garner Environmental will work with the City's Emergency Management
Coordinator to determine the products and services that will be needed immediately,thus developing
a"push package" which will be delivered upon notification. During the recovery, Garner will be
responsible for providing products and services as needed. In addition, they will prepare all
documentation of products and services supplied for submission to the Federal Emergency
Management Agency(FEMA)for reimbursement.
Garner Environmental has provided emergency services to various states and governmental entities
since 1994. They provided emergency disaster services to the City of Port Arthur during Hurricane
Rita, the State of Florida during the 2004 hurricanes, the State of Virginia and the Virginia
Department of Transportation during Hurricane Isabel, the cities of Corsicana and Lukin for the
Space Shuttle Columbia Recovery Mission,Harris County for Tropical Storm Allison flooding, and
New York City for the World Trade Center. Their list of customers includes numerous entities,both
domestic and international.
Contract for Emergency Products and Services
May 18, 2006
Page 2
Their program includes providing a logistics person to work alongside the City's Logistic Officer to
assist in obtaining the equipment and materials needed in an emergency situation. As we learned from
our recent event, many local companies were unable to provide the services and products needed.
Garner has contracts with various vendors nationwide that will be able to ship equipment and supplies
to the City upon notification. Garner's services also include delivering, installing and fueling
generators which will allow city staff more time to concentrate on the recovery effort. Should any
of the City's contracted fuel vendors not be available, Garner can arrange for fuel trucks for city
vehicles. Garner's generators and heavy equipment are equipped with Global Positioning System
(GPS) devices, thus reducing the chance of misplacement or theft of rented equipment.
A disaster response rate schedule was included in their proposal. The City is under no obligation to
use their products and services for all of its needs. We currently have Memorandums of Agreement
with vendors to provide food, water, fuel, cell phones and portable toilets. Should any of these
vendors be unable to provide the necessary products and services, Garner can be utilized for these
services. Their prices are comparable to market prices and are in line with FEMA reimbursement
schedules.
• This contract is in effect for a period of five(5)years with a renewal option of an additional five(5)
years subject to mutual agreement by both parties.
BUDGETARY IMPACT
Costs will be incurred only when service is requested at the time of a declared disaster.
PREVIOUS ACTION
None.
SUBSEQUENT ACTION
None.
RECOMMENDED BY
City Manager.
RESOLUTION NO.
WHEREAS, proposals were received for a contract for furnishing emergency
standby products and services, as needed, in the event of a declared disaster; and,
WHEREAS, Garner Environmental Services, Inc., of Deer Park, Texas, submitted
a proposal for a five (5) year contract with a renewal option of an additional five (5) years
subject to mutual agreement by both parties; and,
WHEREAS, City Council is of the opinion that the proposal submitted by Garner
Environmental Services, Inc., of Deer Park, Texas, should be accepted;
NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the proposal submitted by Garner Environmental Services, Inc., of Deer Park, for
a five (5) year contract for furnishing emergency standby products and services, as
needed with a renewal option of an additional five 5 ears subject to mutual agreement
P ( ) Y 1 9
by both parties be accepted by the City of Beaumont.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 231 day of May,
2006.
- Mayor Guy N. Goodson -
B
City of Beaumont
Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Brenda Beadle, Purchasing Manager
MEETING DATE: May 23, 2006
AGENDA MEMO DATE: May 16, 2006
REQUESTED ACTION: Council approval of a contract for catering services.
RECOMMENDATION
Administration recommends the award of a contract for furnishing catering services in the event of
a disaster to Deli Management, Inc., dba Jason's Deli.
BACKGROUND
Bids were opened on April 6, 2006 for furnishing catering services for City employees in the event
of a declared disaster during the upcoming hurricane season. One bid was received from Deli
Management, Inc., dba Jason's Deli.
Deli Management, Inc. has agreed to furnish three meals per day for City employees required to be
onsite after a declared disaster. Meals will include a continental breakfast, a box lunch and dinner.
Deli Management will serve food at two designated city locations from 6:00 a.m. to 9:00 p.m. each
day during the recovery period.
Deli Management, Inc. provided food services to several companies during the recovery effort in
Louisiana this past year as well as providing food service to City of Beaumont employees after
Hurricane Rita.
Prices for catered food are$4.50 and$5.99 for breakfast meals, $5.75 for boxed lunches, $14.00 for
dinner meals. Deli Management is capable of providing self-contained food service, if needed. The
City is planning to provide two food serving locations;one at the Water Utilities Center on Langham
and one at a downtown facility.
BUDGETARY IMPACT
Costs will be incurred only when service is requested at the time of a declared disaster.
Catering Services
May 17, 2006
Page 2
PREVIOUS ACTION
None.
SUBSEQUENT ACTION
None.
RECOMMENDED BY
City Manager.
RESOLUTION NO.
WHEREAS, bids were received for a one (1) year contract for furnishing catering
services for City of Beaumont employees as needed in the event of a declared disaster;
and,
WHEREAS, Deli Management, Inc., dba Jason's Deli, submitted a bid for three (3)
meals per day at a cost of$4.50 and $5.99 for breakfast meals, $5.75 for boxed lunches,
and $14.00 for dinner meals; and,
WHEREAS, City Council is of the opinion that the bid submitted by Deli
Management, Inc., dba Jason's Deli, should be accepted;
NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the bid submitted by Deli Management, Inc., dba Jason's Deli, for a one (1) year
contract to furnish catering services for City of Beaumont employees as needed in the
event of a declared disaster be accepted by the City of Beaumont.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 23`d day of May,
2006.
- Mayor Guy N. Goodson -
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City of Beaumont
INV- Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Tom Warner, Public Works Director
MEETING DATE: May 23, 2006
AGENDA MEMO DATE: May 17, 2006
REQUESTED ACTION: Council consider a resolution accepting maintenance of the street,
storm sewer, water and sanitary sewer improvements in Highlands
Pointe Addition, Phase II.
RECOMMENDATION
Administration recommends approval of the following:
Pointe Parkway Boulevard approximately 235 linear feet north from the newly constructed
end of roadway to the 3-OM-4P end of roadway markers.
Also, recommended for approvals are the storm sewer, water and sanitary improvements for
Highlands Pointe Addition.
BACKGROUND
The aforementioned improvements in Highlands Pointe Addition, Phase II is to complete the
pavement and utilities of Pointe Parkway Boulevard to the 3-OM-4P end of roadway markers. It
passed final inspection from all entities involved on May 12, 2006. Storm sewer, water and
sanitary sewer improvements were found to be complete.
BUDGETARY IMPACT
None.
PREVIOUS ACTION
None.
SUBSEQUENT ACTION
None.
RECOMMENDED BY
City Manager, Public Works Director.
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ADDITION
PHASE II
RESOLUTION NO.
WHEREAS, construction of the street, storm sewer, water and sanitary sewer
improvements constructed in Highlands Pointe Addition, Phase II, have been completed
as follows:
Street. Storm Sewer, Water and Sanitary Sewer Improvements
► Pointe Parkway Boulevard approximately 235 linear feet north from the newly
constructed end of roadway to the 3-OM-4P end of roadway markers;
WHEREAS, the developers of said street desire to have these improvements
accepted and maintained by the City; and,
WHEREAS, the director of the Public Works and Engineering Department have
determined that said improvements meet city standards and qualify for acceptance for
permanent maintenance, and the City Council is of the opinion that said improvements
should be accepted and maintained by the City of Beaumont;
NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the above-referenced street, storm sewer, water and sanitary sewer improvements
in Highlands Pointe Addition, Phase II, with the exception of streetlights, are hereby
accepted by the City of Beaumont and shall be continuously maintained by the City
contingent upon filing of the final plat, complete with filings of dedication Qf all rights-of-way
and easements required on the preliminary and final plats and installation of the
streetlights.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 23rd day of May,
2006.
- Mayor Guy N. Goodson -
D
......
City of Beaumont
Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Tom Warner, Public Works Director
MEETING DATE: May 23, 2006
AGENDA MEMO DATE: May 11, 2006
REQUESTED ACTION: Council consider a resolution authorizing the acquisition of right-of-
way for the Phelan Boulevard Project.
RECOMMENDATION
The owner of the property listed below has agreed to accept the appraised value for his property
for right-of-way on the Phelan Boulevard Project [appraised by Bishop Real Estate Appraisers,
Inc.]:
Tract 5: 0.0084 acre out of the A. Houston League, Abstract 33
(Phelan Boulevard near Keith Road)
Owner: Alfred B. Long
Total Appraised Value: $1,600
Total Compensation: $1,600
Administration recommends authorization to acquire this property.
BACKGROUND
None.
BUDGETARY IMPACT
This project is funded under the Capital Improvement Program.
PREVIOUS ACTION
None.
SUBSEQUENT ACTION
None.
RECOMMENDED BY
City Manager and Public Works Director.
Engphelan_long-b
I l May 2006
Fittz & Shipman
INC
EXHIBIT "A", PAGE 1 OF 2 Consulting Engineers and Land Surveyors
FIELD NOTE DESCRIPTION
FOR A
0.0084 ACRE TRACT
OUT OF THE
A. HOUSTON LEAGUE,ABSTRACT 33
JEFFERSON COUNTY, TEXAS
MARCH 10, 2006
TRACT 5
That certain 0.0084 acre tract out of the A. Houston League, Abstract 33, Jefferson County, Texas, being
out of a called 2.532 acre tract conveyed to Alfred B. Long as recorded in Volume 516, Page 366 of the
Deed Records of Jefferson County, Texas, said 0.0084 acres being more particularly described by metes
and bounds as follows:
Note: Bearings are referenced to the NAD83, Texas State Plane Coordinate System, South Central
Zone#4204.
BEGINNING at a %Z' capped iron rod set in the north right-of-way line of Phelan Boulevard, the east line
of a called 1.108 acre tract conveyed to the City of Beaumont as recorded in Clerks File No. 2002028683
of the Official Public.Records of Real Property of Jefferson County, Texas, and the west line of the said
2.532 acre tract for the northwest comer of a called 0.455 acre tract conveyed to the City of Beaumont as
recorded in Volume 239?, Page 347 of the Deed Records of Jefferson County, Texas and the southwest
corner of the said 0.0084 acre tract;
THENCE North 02°47'09"West along the said east line of the 1.108 acre tract and the west line of the
said 2.532 acre tract a distance of a 4.72 feet to a '/z' capped iron rod set for the northeast corner of the
said 1.108 acre tract and the northwest corner of the said 0.0084 acre tract from which a DD#6
monument found for the southeast comer of a called 1.194 acre tract conveyed to City of Beaumont as
recorded in Clerks File No. 2002027331 of the Official Public Records of Real Property of Jefferson
County, Texas bears South 87 020'18"West 568.57 feet;
THENCE North 88 059'17" East along the northerly line of the said 0.0084 acre tract a distance of 154.48
feet to a Y2" capped iron rod set in the said north right-of-way line of Phelan Boulevard for the east corner
of the said 0.0084 acre tract from which a '/" iron rod found in concrete in the westerly right-of-way line
of Major Drive bears North 87 014'11" East 920.02 feet;
THENCE South 87°14'.11"West along the said north right-of-way line of Phelan Boulevard and the
southerly line of the said 0.0084 acre tract a distance of 154.41 feet to POINT OF BEGINNING and
containing 0.0084 acres of.land, more or less.
This Field Note Description is based on a survey performed by Fi tz&Shipman, Inc. on September 2005
and Marc 200 .
%rF-i
Walter J. Ksiazek *5�•�G►STERF�gs
Registered ProfesslonI L"and urveyor No. 5321 * `
WALTER J. KSIAZEK
Kaz&Shipman,Inr- ,,e 5321
Project No. 04600TR5 • '9p �a�;�
Plat&Description lq••FSSS�O.OQ
NDSURV�y
1405 Cornerstone Court,• Beaumont,Texas 77706 • (409) 832-7238 •fax(409) 832-7303
RESOLUTION NO.
WHEREAS,an agreement has been negotiated forthe acquisition of right-of-
way for the Phelan Boulevard Project;
NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the purchase of the following land as shown on Exhibit"A" attached hereto for the
Phelan Boulevard Project, be and the same is hereby, approved:
Tract 5: 0.0084 acre out of the A. Houston
League, Abstract 33 (Phelan Boulevard
near Keith Road)
Appraiser: Bishop Real Estate Appraisers, Inc.
Total Appraised Value: $1,600
Owner: Alfred B. Long
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 23rd day of May,
2006.
- Mayor Guy N. Goodson -
_ TRACT 5
0.0084 ACRE - - - - -
PROPOSED
I
RIGHT-OF-WAY
4 5 6 17 8 1 9 1 10 1 11 1 12
AUMONT I POINT OF (CITY OF 8E4UMONT
V L. 2392, PG. 347, D.R.J. BEGINNING CLERKS FIL N0. 20020 8683, O.P.R.R.P.J.C.
(4 (CALLED 0. 5 ACRES) S 87-14'1 ' W TRACT 5 ( ALLED 1.10 ACRES)
Q 154. 1 FOUND DD#6
MONUMENT
PHETAL\ BOlJLC3r111W./ (CALLED S 69'47'07" E 1040.00)
8�'29'bT"-E-1'@4b'39
N 87'1411 E 920.02 S 87'2 10 8 W 568.57
FOU J RONNROD?N N 87'20'13" E 1039.93
N 02'47'09' W 4.72 FOUND OD/6
CONCRETE N 88'59'1 E 154.48 MONUMENT
j CITY OF BEAUMONT
SOUTH PARK LS.D' CLERKS FILE NO. 2002027331, O.P.R.R.P.J.C.
FILM CODE 100-45-2429 (CALLED 1.194 ACRES)
ALFRED B. LONG R.P.R.J.C.
VOL. 516,. PG. 366, D:R.J.C. (CALLED 5.386 ACRES)
X (CALLED 2.532 ACRES)
2
SURVEYOR'S CERTIFICATION:
1 00 HEREBY CERTIFY, TO THE BEST OF MY KNOWLEDGE AND BELIEF,
THAT THIS IS AN ACCURATE PLAT OF A SURVEY AND DESCRIPTION
D MADE ON THE GROUND UNDER MY SUPERVISION AS OF SEPTEMBER
0 150 0 2005 AND MARCH 2006. O F T
Pgo_.F F•f
K GAL E
WALTER J. KSIAZEK WALTER J, KSIAZEK
REGISTERED PROFESSIONAL SURVEYOR 5321 -
p 5321 „•
9
aP
�'•opfSS1 COMPLETED
�•P
`9NOSURVEyO NOTE: THE BENEFIT OF A TITLE COMMITMENT.
NOTES: y NOT ALL EASEMENTS, WHETHER OF
(1) IN ACCORDANCE WITH THE FLOOD INSURANCE RATE MAP, - RECORD OR NOT, WERE RESEARCHED AT
FEDERAL EMERGENCY MANAGEMENT AGENCY, COMMUNITY THE TIME OF THIS SURVEY.
PANEL NO. 485457 0010 0 DATED AUGUST 6, 2002 AND O:\PROJECTS\04600\04600-000\Civil\800PM003.dwg Mar 15, 2006 09:55am
COMMUNITY PANEL NO. 480385 0165 C DATED NOVEMBER
20, 1991, THE SUBJECT PROPERTY IS LOCATED IN FLOOD P AR C E LL PLAT - TRACT 5
ZONE X. FLOOD ZONE X IS DEFINED S AREAS DETERMINED ���r•3������ ��
TO BE OUTSIDE 500 YEAR FLOOD PLAIN. FITTZ k SHIPMAN, Yiz
INC. DOES NOT WARRANT NOR SUBSCRIBE TO THE ACCURACY INC. PROJECT NAME' RIGHT-OF-WAY
OR SCALE OF SAID MAP. urvsyoTa PHELAN BOULEVARD
(2) BEARINGS ARE REFERENCED TO THE NAD83, TEXAS STATE 1405 CORNERSTONE COURT, BEAUMONT. TEXAS BEAUMONT, JEFFERSON COUNTY, TEXAS PROJECT N0.
PLANE COORDINATE SYSTEM, SOUTH CENTRAL ZONE 04204. (409)832-7238 fAX(409)832-7303 DATE:3-10-06 04600
PLOT DATE: 3-14-06
• i i
City of Beaumont
REGULAR MEETING OF THE CITY COUNCIL
COUNCIL CHAMBERS MAY 23, 2006 1:30 P.M.
AGENDA
CALL TO ORDER
Invocation Pledge Roll Call
Presentations and Recognition
Public Comment: Persons may speak on scheduled agenda items 9-11/Consent
Agenda
Consent Agenda
GENERAL BUSINESS
1 Consider a request for a zone change from GC-MD (General Commercial-Multiple
Family Dwelling)District to C-M(Commercial-Manufacturing)District at 2208-
21212 W. Cardinal Drive
2. Consider a request for a zone change from RS (Residential Single Family
Dwelling)District to GC-MD (General Commercial-Multiple Family Dwelling)
District or more restrictive district for property located between S. Major,
Wescalder, Humble and Walden Road
3. Consider a request for a zone change from GC-MD-2 (General Commercial-
Multiple Family Dwelling-2)District to PUD (Planned Unit Development)District
or more restrictive district for property in the 6300 block of Delaware
4. Consider a request for a zone change from RS (Residential Single Family
Dwelling)District to GC-MD-2 (General Commercial-Multiple Family Dwelling-
2)District or more restrictive district and a specific use permit to allow
professional offices in a GC-MD-2 District at 575 W. Lucas
5. Consider a request for a specific use permit to allow a property management office
in an RM-1-1(Residential Multiple Family Dwelling-Highest Density)District at
6325-6331 Calder
• 6. Consider a request for a 12 month extension for a specific use permit to allow a
professional office in an RM-H(Residential Multiple Family Dwelling-Highest
Density)District at 2065 Dowlen Road
7. Consider a request for a specific use permit to allow a mother-in-law quarters in an
RS (Residential Single Family Dwelling)District at 850 Avenue D
8. Consider a request for an amended specific use permit to allow professional offices
in an RM-H(Residential Multiple Family Dwelling-Highest Density)District at
3510-3520 and 3590 Delaware
9. Consider approving the purchase of a fire truck
10. Consider a request for a historic preservation loan for repairs to the home at 2300
Harrison
11. Consider authorizing the City Manager to execute a Local Transportation Project
Local Advanced Funding Agreement with the Texas Department of Transportation
(TxDOT)to receive Advance Congestion Mitigation/Air Quality(CMAQ)funds
for construction of the alternative fueling station for the Beaumont Municipal
Transit (BMT)
COMMENTS
* Councilmembers/City Manager comment on various matters
* Public Comment(Persons are limited to 3 minutes)
EXECUTIVE SESSION
* Consider matters related to contemplated or pending litigation in accordance with
Section 551.071 of the Government Code:
Claim of Rokeisha B. Powell
Claim of Elma Ardoin
LaFleur v. City of Beaumont, Eric Wilson, Deane Olivier, and Tom Scofield
Marshall Wiltz v. City of Beaumont
Dan Dale Kelly vs. Officer Scott Lisenby, et al
Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or
services are requested to contact Lenny Caballero at 880-3716 three days prior to the meeting.
� 1
May 23, 2006
Consider a request for a zone change from GC-MD (General Commercial-Multiple Family
Dwelling)District to C-M(Commercial-Manufacturing)District at 2208-2212 W. Cardinal Drive
Cit y of Beaumont
�• Council Agenda Item
� c
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Tom Warner, Public Works Director
MEETING DATE: May 23, 2006
AGENDA MEMO DATE: May 16, 2006
REQUESTED ACTION: Council consider a request for a zone change from GC-MD (General
Commercial-Multiple Family Dwelling) District to C-M
(Commercial-Manufacturing) District at 2208-2212 W. Cardinal
Drive.
RECOMMENDATION
The Administration recommends approval of a zone change from GC-MD (General Commercial-
Multiple Family Dwelling)District to C-M(Commercial-Manufacturing)District at 2208-2212 W.
Cardinal Drive.
BACKGROUND
Ed Edson III is requesting a zone change from GC-MD (General Commercial-Multiple Family
Dwelling)District to C-M (Commercial-Manufacturing) District for the property located at 2208-
2212 W. Cardinal Drive. A portion of the 8.2 acres of land is currently occupied by four buildings
with the remainder being vacant. The buildings are rented to a variety of commercial/industrial type
businesses. In 1989, a specific use was approved for the subject property permitting the
warehousing, processing and bailing of non-ferrous scrap metal for off-site recycling.
Phelan Investments is negotiating the purchase of the property. It is that company's desire to develop
the remaining vacant property and to market the development to transport companies, contractors,
wholesalers and others. The current zoning does not allow those types of businesses without a
specific use permit. The zone change would allow Phelan Investments more flexibility as to the type
of firms it leases to. In 1992, a six acre tract of land at 2070 W. Cardinal Dr. was rezoned to C-M.
The Comprehensive Plan designates this property as an Activity Corridor. The types of uses typical_
of an activity corridor include highway commercial and open display retailing,wholesale distributing
and warehousing operations,restricted light industry,business offices,hotels and motels and higher
density residential development.
BUDGETARYIMPACT
None.
PREVIOUS ACTION
At a Joint Public Hearing held May 15,2006,the Planning Commission voted 7:2 to approve a zone
change from GC-MD (General Commercial-Multiple Family Dwelling) District to C-M
(Commercial-Manufacturing)District at 2208-2212 W. Cardinal Drive.
SUBSEQUENT ACTION
None.
RECOMMENDED BY
Planning Commission, City Manager,Public Works Director and the Planning Manager.
April 21, 2006
City of Beaumont
Planning Division, Room 205
801 Main Street
Beaumont, Texas 77701
To Whom It May Concern:
Thank you for your time and consideration!
The Reason for this zoning request is to better provide for The Economic Growth and
Development inuring to the City of Beaumont and increase the Economic Potential
and Benefits to this Specific Area.
The Request for Zoning Change is commensurate with the evolving nature of Our
City's Growth, Prosperity and Future Potential.
As a Board Member of a Dozen Years and Past President of The Beaumont Board of
Realtors and as a Past Director and Vice President of The Texas Association of
Realtors; it has always been apparent to me that Economic Growth of a Community
necessitates that Zoning be such that Organized Controlled Zoning continue to "keep
pace"with The Economic Needs and Opportunities of subject areas.
To not "Keep Pace" with such stifles Development and Frustrates Growth, thereby
denying a Community of Tax Revenues and "Wellbeing."
As Development in our area continues, a broadening of our Tax Base Revenues
increases and thereby can be supported by more entities and rendering a decrease of
The Load on others existing and replacing some areas that have decreased.
Our Economic Area is (or should be) constantly 4 Shifting and Growing. Proper Zoning
is integral. It seems that this Particular Area, having not been applied for "up grading"
for a third of a century (or more) and with the current increase in development and
demand, I would request and suggest that we join together in this effort to best
provide for the citizenry of Our Fine City.
My hope is that this is viewed positively and assists "All Of Us"!
Respectfully Submitted,
Ed Edson III
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 (GENERAL
COMMERCIAL-MULTIPLE FAMILY DWELLING) DISTRICT
TO C-M(COMMERCIAL-MANUFACTURING)DISTRICT FOR
THE PROPERTY LOCATED AT 2208-2212 WEST CARDINAL
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 (General Commercial-Multiple Family
Dwelling) District to C-M (Commercial-Manufacturing) District for the property located at
2208-2212 West Cardinal Drive, being Lots 3-6, Block 12, Annie T. Warren Addition, City
of Beaumont, Jefferson County, Texas, containing 8.24 acres, more or less, as shown 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 of the underlying zoning district as well as those
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 23`d day of May,
2006.
- Mayor Guy N. Goodson -
• � � � � � � � it
jop—
oil
2
May 23, 2006
Consider a request for a zone change from RS (Residential Single Family Dwelling)District to
GC-MD (General Commercial-Multiple Family Dwelling)District or more restrictive district for
property located between S. Major, Wescalder, Humble and Walden 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: May 23, 2006
AGENDA MEMO DATE: May 16, 2006
REQUESTED ACTION: Council consider a request for a zone change from RS (Residential
Single Family Dwelling) District to GC-MD (General Commercial-
Multiple Family Dweling) District or more restrictive district for
property located between S. Major, Wescalder,Humble and Walden
Road.
RECOMMENDATION
The Administration recommends that the Lots 1-13, Block 3, South Amelia Addition and the east
150' of Lots 12-16, Tract 1, Block 13, Wescalder Fig Acres be rezoned to GC-MD-2.
BACKGROUND
In March,2006,the City Council tabled a zone change request to GC-MD-2(General Commercial-
Multiple Family Dwelling-2) District and a specific use permit for the property located at 3336 S.
Major. At that time,City Council asked staff to conduct a zoning study for the west side of S.Major
to determine if the current residential zoning was appropriate.
Staff defined the study area as that 145 f acres bordered by S. Major, Wescalder, Humble and
Walden. All but 1.26 t acres of this property is zoned RS (Residential Single Family Dwelling)
District. The 1.26 f acres located at the northwest corner of the intersection of Walden and S.Major
is zoned GC-MD (General Commercial-Multiple Family Dwelling) District.
On May 4, 2006,a meeting with the property owners of the study area was held. Of the 46 property
owners invited to the meeting,five property owners or their representatives attended. Three of those
property owners in attendance owned residentially zoned property along S.Major. All three wished
to have their property rezoned to GC-MD. In addition,the representative of the owners of the large
tracts immediately to the west of those properties fronting on S. Major,requested that the east 25%
of their property be rezoned to GC-MD.
The Comprehensive Plan designates a district commercial center at the intersection of S. Major and
Walden. A district commercial center is a combination of commercial and non-commercial activity
located at major thoroughfare intersections at the approximate geographical center and convergence
of three to five neighborhoods. Commercial uses include community shopping centers, office
complexes and businesses providing personal or professional services. Non-commercial uses would
include satellite health clinics,high schools,churches,community recreational facilities and higher
density residential developments.
Currently,three of the four corners of this intersection are zoned GC-MD. The southwest corner is
outside the city limits. At these three corners are approximately 73 acres of GC-MD zoning (see
map). The Planning Manager's recommendation would add another 8.23 acres f of commercially
zoned property to that total. The area currently has more than enough commercial zoning to
adequately serve the area for many years to come.
Major Drive is classified as a major arterial. As such,its purpose is to carry cross-town traffic. The
reason for designating commercial uses at the intersections of major thoroughfares is to minimize
strip commercial along major arterials and thus the number of curb cuts.
None of the property owners spoken to, except for Tracey Lumpkin, have any plans for their
properties. Large tracts of land are available for development as currently zoned. Except for the
recommended change,any other zone changes without development plans in this area are premature.
At the Joint Public Hearing, the Planning Manager recommended that the subject property be
rezoned to GC-MD-2.
BUDGETARYIMPACT
None.
PREVIOUS ACTION
At a Joint Public Hearing held May 15, 2006, the Planning Commission voted 7:1:1 to approve a
zone change from RS (Residential Single Family Dwelling)to RM-H(Residential Multiple Family
Dwelling-Highest Density)District for the subject property.
SUBSEQUENT ACTION
None.
RECOMMENDED BY
Planning Commission, City Manager, Public Works Director and the Planning Manager.
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ORDINANCE NO.
N ENTITLED A 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 RS (RESIDENTIAL
SINGLE FAMILY DWELLING) DISTRICT TO GC-MD-2
(GENERAL COMMERCIAL-MULTIPLE FAMILY DWELLING-
2) DISTRICT FOR PROPERTY LOCATED BETWEEN S.
MAJOR DRIVE, WESCALDER, HUMBLE AND WALDEN
ROADS, 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 mended b changing the
Y Y 9 9
zoning of property presently zoned as RS (Residential Single Family Dwelling) District to
GC-MD-2(General Commercial-Multiple Family Dwelling-2)Districtforthe property located
between South Major Drive, Wescalder, Humble and Walden Roads, being Lots 1-13,
Block 3, South Amelia Addition, and the east 150' of Lots 12-16, Tract 1, Block 13,
Wescalder Fig Acres, City of Beaumont, Jefferson County, Texas, containing 8.23 acres,
more or less, as shown 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 of the underlying zoning district as well as those
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 23`d day of May,
2006.
- Mayor Guy N. Goodson -
File 1826-Z: Request for a zone change from RS (Residential Single Family Dwe llin g) NORM
District to GC-MD (General Commercial-Multiple Family Dwelling) District or more -
restrictive district.
Location: Between S. Major,Wescalder,Humble and Walden Road SCALE
Applicant: City of Beaumont Planning Division N.T.S.
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S 3
May 23, 2006
Consider a request for a zone change from GC-MD-2 (General Commercial-Multiple Family
Dwelling-2)District to PUD (Planned Unit Development)District or more restrictive district for
property in the 6300 block of Delaware
s
. f
City of Beaumont
Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Tom Warner, Public Works Director
MEETING DATE: May 23, 2006
AGENDA MEMO DATE: May 16, 2006
REQUESTED ACTION: Council consider a request for a zone change from GC-MD-2
(General Commercial-Multiple Family Dwelling-2)District to PUD
(Planned Unit Development) District or more restrictive district for
property in the 6300 block of Delaware.
RECOMMENDATION
The Administration recommends approval of a zone change from GC-MD-2(General Commercial-
Multiple Family Dwelling-2)District to PUD (Planned Unit Development)District for property in
the 6300 block of Delaware.
BACKGROUND
Richard L. Guseman is requesting a zone change from GC-MD-2 (General Commercial-Multiple
Family Dwelling-2)District to PUD (Planned Unit Development)District fora 6 acre tract of land
between Delaware St. and Barrington Heights.
The proposed site plan includes eight stand alone buildings that encompass a total of 48,100 sq. ft.,
related parking and landscaping. The development will accommodate a mix ofprofessional/business
office and commercial uses. The purpose of the rezoning to PUD is to allow some flexibility with
the mixed uses planned for this project. Each use will require a specific use permit.
BUDGETARY IMPACT
None.
PREVIOUS ACTION
At a Joint Public Hearing held May 15,2006,the Planning Commission voted 8:1 to approve a zone
change from GC-MD-2(General Commercial-Multiple Family Dwelling-2)District to PUD(Planned
Unit Development) District for property in the 6300 block of Delaware.
SUBSEQUENT ACTION
None.
RECOMMENDED BY
Planning Commission, City Manager, Public Works Director and the Planning Manager.
arroll &
lackman, Consulting Engineers &Surveyors
3120FannlnSt. Phonz409.83333G3
nc. Beaumont,Texas 77701 F--'409-833-0317
21 April 2006
CITY OF BEAUMONT
Planning Commission & City Council
c% City of Beaumont Planning Division
P.O. Box 3827
Beaumont, Texas 77704-3827
Attn: Mr. Stephen C. Richardson, AiCP
Planning Manager
Re: Application forZoning Amendment
STONE MANOR Project
Dear Mr. Richardson:
Attached for review and consideration are the following:
requesting amendment to the Zoning Ordinance for a
1) Application form q g g
6.0711 acre tract of land located in the 6300 block of Delaware Street
2) Conceptual Land Use Plan for this project which includes the survey
boundary and field note description of the subject tract (4 full size and 1
reduced copy)
3) Application fee (check no. 15617) for$650.00
The subject tract and the drainage easement that adjoins the property to the north was
rezoned from A-R to GC-MD-2 in April of 2003. With the completion of the Delaware
extension this past year, the owner has had interest from several prospective buyers for
pad sites that would accommodate a mix of professional/business office and commercial
uses, each permitted by Specific Use. The Stone Manor project will be comprised of eight
(8) stand alone buildings. At this time, the applicant/owner requests through submittal of
the above, consideration to amend the zoning of this site to a PUD in order to allow some
flexibility with`the mixed usas planned for this project. The lots and common areas would
be platted as illustrated on the attached Land Use Plan in accordance with the City's
Zoning Ordinance, Section 30-29.
Kim Carroll,P.E. Norman Blackman,P.E.,RPI.S Toby Davis,P.B. Allen Sims, RE.
Cody Croley,P.E. Michelle Palgout,P.E. Calvin Prosen,P.E. Amalia Wilarreal, P.E.
WWW.CBIENG.COM
Mr. Stephen C. Richardson, AICP
Planning Manager
21 April 2006
Page 2 of 2
.
The general appearance of the buildings will include a variety of exterior finishes and
designs accented with lighting and very detailed landscaping. Median modifications that
were made during the construction of Delaware were incorporated to access this site as
planned. Easements for public utilities will be dedicated as necessary as a part of the
platting work and final design for this project.
On behalf of the applicant, we request consideration of the attached and trust that this
request will meet with favorable approval by both the Planning Commission and City
Council at the Joint Public Hearing scheduled for May 15th. If you or the Planning staff
should have any questions or comments prior to that time, certainly feel free to call.
Sincerely,
CARROLL & BLACKMAN, INC.
Consulting Engineers&Surveyors
Joe Pa ie, Project Mgr
Land Development&Site Planning
JP1jp
Attachments
cc: TALISMAN DEVELOPMENT, INC.
Richard L. Guseman, President
0 0:15300153841StoneManoAwpolSMnr-ZonAp.cO1.wpd
Q�'f'011
&r1(*" r4
Irtc.
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 PUD (PLANNED UNIT DEVELOPMENT) DISTRICT FOR
PROPERTY LOCATED IN THE 6300 BLOCK OF DELAWARE
(NORTH SIDE), 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) Districtto PUD (Planned Unit Development) Districtforthe property located on
the north side of the 6300 Block of Delaware Street, as described in Exhibit"A" and shown
on Exhibit"B," and the official zoning map of the City of Beaumont is hereby amended to
reflect such changes.
Section 2.
That, in all other respects, the use of the property herein above described shall be
subject to all of the applicable regulations of the underlying zoning district as well as those
regulations contained in Chapter 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 23`d day of May,
2006.
- Mayor Guy N. Goodson -
LEGAL DESCRIPTION FOR ORDINANCE PURPOSES
BEGINNING AT AN IRON ROD MARKING THE SOUTHWEST CORNER OF THE HEREIN
DESCRIBED TRACT, THE SOUTHWEST CORNER OF SAID 40.1148 ACRE TALISMAN
DEVELOPMENT, INC. TRACT, AND THE SOUTHEAST CORNER OF THAT CERTAIN
209.2045 ACRE TRACT CONVEYED BY AMOCO PRODUCTION COMPANY TO
DELAWARE EXTENSION DEVELOPMENT, LTD. BY DEED RECORDED UNDER COUNTY
CLERK'S FILE NO. 2000047669 OF THE OFFICIAL PUBLIC RECORDS OF REAL
PROPERTY, JEFFERSON.COUNTY, TEXAS, SAID CORNER BEING LOCATED IN THE
NORTH LINE OF DELAWARE STREET, A 100 FOOT (100') WIDE PUBLIC STREET
RIGHT-OF-WAY;
THENCE WITH THE MOST WESTERLY LINE OF SAID 40.1148 ACRE TALISMAN TRACT,
THE COMMON BOUNDARY LINE OF SAID 209.2045 ACRE DELAWARE EXTENSION
DEVELOPMENT, LTD. TRACT, AND THE WEST LINE OF THE HEREIN DESCRIBED
TRACT, NORTH 03 DEGREES 33 MINUTES 37 SECONDS WEST (N 03'33'37" W)
(TALISMAN DEED CALL-N 01'23'48" W) FOR A DISTANCE OF 288.71 FEET
(288:71) TO AN IRON ROD MARKING THE NORTHWEST CORNER OF THE HEREIN
DESCRIBED TRACT, SAID CORNER ALSO MARKING THE SOUTHWEST CORNER OF
THAT CERTAIN 2.340 ACRE TRACT CONVEYED BY TALISMAN DEVELOPMENT, .INC.
iTO JEFFERSON COUNTY DRAINAGE DISTRICT NO. 6 (06), SAID TRACT BEING A
120 FOOT (120') WIDE DRAINAGE EASEMENT, AND RECORDED UNDER COUNTY
CLERKS FILE NO. 2000022787 OF THE OFFICIAL PUBLIC RECORDS OF REAL
PROPERTY, JEFFERSON COUNTY, TEXAS,
THENCE WITH THE NORTH LINE OF SAID 2.340 ACRE D06 TRACT, AND THE NORTH
UNE OF THE HEREIN DESCRIBED TRACT, NORTH 86 DEGREES 26 MINUTES 23
SECONDS EAST (N 86'26'23" E) AT.849.51 FEET (849.5l) PASS SOUTHEAST
CORNER OF SAID 2.340 ACRE DD6 TRACT, SAID CORNER BEING.THE NORTHWEST
CORNER OF THAT CERTAIN 0.403 ACRE TRACT RELEASED BY JEFFERSON COUNTY
DRAINAGE DISTRICT NO. 6 (DD6) TO TALISMAN DEVELOPMENT, INC. AS RECORDED
UNDER COUNTY CLERKS FIt E NO. 2004013303 THE OFFICIAL PUBLIC RECORDS
OF REAL PROPERTY, JEFFERSON COUNTY, TEXAS, AND CONTINUING ALONG SAID
COURSE FOR A TOTAL DISTANCE OF 909.51 FEET (909.51) TO AN IRON ROD
MARKING THE NORTHEAST CORNER OF THE HEREIN DESCRIBED TRACT, SAID
CORNER BEING IN THE WEST UNE OF THAT CERTAIN 40.5391 TRACT CONVEYED
BY AMOCO PRODUCTION COMPANY TO DOWDEL INVESTMENTS, LTD. AS RECORDED
UNDER COUNTY CLERKS FILE NO. 1999047799 OF THE OFFICIAL PUBLIC
RECORDS OF REAL PROPERTY, JEFFERSON COUNTY, TEXAS,
THENCE WITH THE FAST UNE OF THE AFORESAID 0.403 ACRE RELEASE TRACT,
THE COMMON BOUNDARY UNE OF SAID 40.1148 TALISMAN DEVELOPMENT, INC
TRACT AND THE MOST WESTERLY LINE OF SAID,40.5391 ACRE DOWDEL
INVESTMENTS, LTD. TRACT, AND THE EAST UNE OF THE HEREIN DESCRIBED
TRACT, SOUTH 03 DEGREES 33 MINUTES 37 SECONDS EAST (S 03'3337" E)
FOR A DISTANCE OF 292.80 FEET (292.80') TO AN IRON ROD IN THE NORTH
RIGHT-OF-WAY LINE OF DELAWARE STREET MARKING THE SOUTHEAST CORNER
OF THE HEREIN DESCRIBED TRACT;
THENCE WITH THE MOST SOUTHERLY LINE OF SAID 40.1148 ACRE TALISMAN
DEVELOPMENT, INC. TRACT, THE NORTH RIGHT-OF-WAY UNE OF DELAWARE
STREET, AND THE SOUTH UNE OF THE HEREIN DESCRIBED TRACT, SOUTH
86 DEGREES 41 MINUTES 51 SECONDS WEST (S 86'4151" W) FOR A
DISTANCE OF 909.51 FEET (909.51')(TALISMAN DEED CALL S 88'51'41"
W-909.48') TO THE PLACE OF BEGINNING.
CONTAINING IN AREA 6.0711 ACRES (264,457 SQUARE FEET) OF LAND, MORE
OR LESS.
EXHIBIT "A"
NONE
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File 1825-Z: Request for a zone _ om 11 Commercial- Or I / I '
Multiple Family Dwelling-2) District to PUD (Planned Unit Development)District or
more restrictive district. I �&
Location: 6300 block(north side) of Delaware SCALE
:-Applicant: Richard L. Guseman !i . 111=6W
! 4
May 23, 2006
Consider a request for a zone change from RS (Residential Single Family Dwelling)District to
GC-MD-2 (General Commercial-Multiple Family Dwelling-2)District or more restrictive district
and a specific use permit to allow professional offices in a GC-MD-2 District at 575 W. Lucas
claiiCity of Beaumont
Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Tom Warner, Public Works Director
MEETING DATE: May 23, 2006
AGENDA MEMO DATE: May 16, 2006
REQUESTED ACTION: Council consider a request for a zone change from RS (Residential
Single Family Dwelling)District to GC-MD-2(General Commercial-
Multiple Family Dwelling-2)District or more restrictive district and
a specific use permit to allow professional offices in a GC-MD-2
District at 575 W. Lucas.
RECOMMENDATION
The Administration recommends approval of a zone change from RS (Residential Single Family
Dwelling)District to GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District and a
specific use permit to allow professional offices in a GC-MD-2 District at 575 W. Lucas subject to
the following conditions and with a modification to the landscaping requirement along the north and
west property lines (at the exterior stairs, a 5' landscape strip):
• Modify the parking layout as required by the Transportation Manager.
• Prohibit any windows along the rear of the most westerly building and prohibit any
side windows on the west side of the most northerly and most southerly buildings.
• Require motion detectors on the security lights that will light the parking lot from the
side of the buildings.
BACKGROUND
Shirley Reese is requesting a zone change and a specific use permit to allow professional/business
offices at 575 W.Lucas. The office complex will consist of three two-story office buildings that will
include 5,000 sq. ft. of space. Phase I will consist of a 2,000 sq.ft.building and related parking. Ms.
Reese's real estate office was damaged during Hurricane Rita and it is her desire to relocate to the
subject property. Her plans call for providing office space for small businesses.
The Transportation Manager has made modifications to the parking layout that improve traffic flow
by deleting one space in front of the Phase I building and relocating it. The applicant is asking for
a modification to the landscaping requirement along the north and west sides of the property. The
exterior stairways on the Phase I building and the most northerly building will extend into the
landscape strip, thus creating a 5' landscape strip.
BUDGETARY IMPACT
None.
PREVIOUS ACTION
At a Joint Public Hearing held May 15, 2006, the Planning Commission voted 6:2:1 to approve a
zone change from RS to GC-MD-2 District and a specific use permit to allow professional offices
in a GC-MD-2 District at 575 W. Lucas subject to the following conditions and with a modification
to the landscaping requirement along the north and west property lines (at the exterior stairs, a 5'
landscape strip):
• Modify the parking layout as required by the Transportation Manager.
• Prohibit any windows along the rear of the most westerly building and prohibit any
side windows on the west side of the most northerly and most southerly buildings.
• Require motion detectors on the security lights that will light the parking lot from the
side of the buildings.
SUBSEQUENT ACTION
None.
RECOMMENDED BY
Planning Commission, City Manager, Public Works Director and the Planning Manager.
(4)THE DESIGN,LOCATION AND ARRANGEMENTS OF ALL DRIVEWAYS AND PARKING
SPACES PROVIDES FOR THE SAFE AND CONVENIENT MOVEMENT OF VEHICULAR AND
PEDESTRIAN TRAFFIC WITHOUT ADVERSELY AFFECTING THE GENERAL PUBIC OR
ADJACENT DEVELOPMENT;ANSWER:THE DRIVEWAY IS WIDE.THE PARKING SPACES ARE
SAFE AND CONVENIENT HAS INDICATED ON THE SITE MAP.THERE IS 24 FEET OR MORE
FOR TWO CARS TO PASS WHEN COMING IN OR OUT OF THE AREA.PEDESTRIANS HAVE
SAFE MOVEMENT.TIERS ARE NO ADVERSE AFFECTS TO THE PUBLIC AND THE ADJACENT
DEVELOPMENT DUE TO THE FOUR LANES IN FRONT OF THE PROPERTY.
(5)THAT ADEQUATE NUISANCE PREVENTION MEASURES HAVE BEEN OR WILL BE TAKEN
TO PREVENT OR CONTROL OFFENSIVE ODOR,FUMES,DUST,NOISE AND VIBRATION;
ANSWER: THERE WILL BE NO ODOR,FUMES,DUST OR VIBRATION WITH SMALL
PROFESSIONAL BUSINESSES.THE ONLY NOISE WILL BE DURING CONSTRUCTION AND
WILL BE KEPT TO A MINIMUM.
(6)THAT DIRECTIONAL LIGHTING WILL BE PROVIDED SO AS NOT TO DISTURB OR
ADVERSELY AFFECT NEIGHBORING PROPERTIES;ANSWER:INDIRECT LIGHTING WILL BE
USED EXCEPT FOR NECESSARY LIGHTING FOR BUILDING AND PARKING AREAS ONLY.
THIS WILL NOT AFFECT NEIGHBORING PROPERTIES.
(7)THAT THERE ARE SUFFICIENT LANDSCAPING AND SCREENING TO INSURE HARMONY
AND COMPATIBILITY WITH ADJACENT PROPERTY;ANSWER:THERE WILL BE A 8 FT.
WOOD FENCE PLACED ON THE SIDE AND BACK OF THE PROPERTY ALONG WITH
ADEQUATE AND REQUIRED LANDSCAPE,SCREENING AND TREES..THIS WILL IMPROVE
THE CURRENT DAMAGED CYCLONE FENCE AND THE VACANT LAND WITH NO
LANDSCAPING,SCREENING OR TREES.
(8)THAT THE PROPOSED USE IS IN ACCORDANCE WITH THE COMPREHENSIVE PLAN.
ANSWER:THE PROPOSAL IS IN ACCORDANCE WITH THE PLAN AND ALL CITY AND STATE
REGULATIONS WILL BE MET.I HAVE PROFESSIONAL DESIGNERS AND BUILDERS
WORKING WITH ME ON THIS PROJECT.
IN SUMMARY,I FEEL MY PROPOSED SPECIFIC USE PERMIT FOR THIS SITE WOULD BE AN
ADDED ATTRACTION AND NEEDED ADDITION TO OUR COMMUNITY.I APPRECIATE YOU
CONSIDERATION IN THIS MATTER
SINCERELY,
SHIRLEY REESE
. .
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 RS (RESIDENTIAL
SINGLE FAMILY DWELLING) DISTRICT TO GC-MD-2
(GENERAL COMMERCIAL-MULTIPLE FAMILY DWELLING-
2) DISTRICT FOR THE PROPERTY LOCATED AT 575
WEST LUCAS,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 RS (Residential Single Family Dwelling) District to
GC-MD-2(General Commercial-Multiple Family Dwelling-2)District for the property located
at 575 West Lucas,being Lots 9-13, Block 1, Calder Highlands Addition, City of Beaumont,
Jefferson County, Texas, containing 0.50 acres, more or less, as shown 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 of the underlying zoning district as well as those
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 23`d day of May,
2006.
- Mayor Guy N. Goodson -
i
too
cit.
File 1823-Z/P: Request for a zone change from RS (Residential Single Family NORTS
Dwelling)District to GC-MD-2 (General Commercial-Multiple Family Dwelling-2)
g. Diitrict or more restrictive district and a specific use permit to allow.professional
offices in a GC-MD-2 District.
Location: 575 W.Lucas SCALE
Applicant: Shirley Reese V=200'
I
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rs �► .Ii 60 60 a ra rte } ►•J r�` 6rn d-,- 60 r t $
$ EXHIBIT "A"
60 IiQ73 ,p
ORDINANCE NO.
ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE
PERMIT TO ALLOW PROFESSIONAL OFFICES IN A GC-
MD-2 (GENERAL COMMERCIAL MULTIPLE FAMILY
DWELLING-2) DISTRICT LOCATED AT 575 WEST LUCAS,
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 Shirley Reese to allow professional offices in an GC-MD-2(General Commercial-
Multiple Family Dwelling-2) District located at 575 West Lucas, being Lots 9-13, Block 1,
Calder Highlands Addition, City of Beaumont, Jefferson County, Texas, containing 0.50
acres, more or less, as shown on Exhibit "A" attached hereto; and,
WHEREAS,the City Council is of the opinion that the issuance of such specific use
permit is in the best interest of the City of Beaumont and its citizens, subject to the
hereinafter described conditions;
NOW, THEREFORE, BE IT ORDAINED BY THE
CITY OF BEAUMONT:
Section 1.
That a specific use permit to allow professional offices in a GC-MD-2 (General
Oommer-cial-Multiple Fam=4y-Dwelling-2) District located at 575 W. Lucas,being Lots 9-13,
Block 1,Calder Highlands Addition,City of Beaumont,Jefferson County,Texas,containing
0.50 acres, more or less, as shown on Exhibit"A" attached hereto and made a part hereof
for all purposes, is hereby granted to Shirley Reese, her legal representatives, successors
and assigns, subject to the following modification and conditions:
b Reduce landscaping strip along the north and west property lines at the exterior
stairs to five feet (5');
Delete and relocate one parking space in front of the Phase I building as
required by the Transportation Manager;
Prohibit any windows along the rear of the most westerly building and prohibit
any side windows on the west side of the most northerly and most southerly
buildings; and
Require motion detectors on the security lights that will light the parking lot from
the side of the buildings.
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 23'day of May,
2006.
- Mayor Guy N. Goodson -
r eo ti.
106 t
Fik 1823-Z/P: Request for a zone change from RS (Residential Single Family NORTH
Dwelling)District to GC-MD-2 (General Commercial-Multiple Family Dwelling-2)
District or more.restrictive district and a specific use permit to allow professional
offices in a GC-MD-2 District.
Location: 575 W. Lucas SCALE
Applicant: Shirley Reese V=200'
AV ---- ---
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' t, $ EXHIBIT "A" ° \
J y ��
60 r7�5��j
8'OPAQUE FENCE 120.49'
10'LANDSCAPE BUFFER EXIT STAIRS EXIT f 2
a PORCH J f
PORCH 0
2-STORY f N f l
25' BLDG f f
AEtS f
48.00--1-24.00 (future) f
' 38' f
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DUMPSTER + f
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C" EXIT I °o STANDARD PARKING 18
a POR ADA PARKING 3
TNas f •Q TOTAL 21
II°o 0 0
I a f BLDG PHASE 1 2000SF
2-STOR ' f BLDG FUTURE 4oOOSF
W BLDG M II f f TOTAL 6000SF
U
WZ PHASE
LL. EXIT O II GROUND
W STN S 40, MOUN'rD \
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P CH
77.03' I
' WEST LUCAS
*Approval subject to the following conditions and with a modification PROFESSIONAL
COMPLEX
to the landscaping requirement along the north and west property lines
(at the exterior stairs, a 5'landscape strip): 575 WEST LUCAS
- Modify the parking layout as required by the Transportation Manager. LOT 9 THRU LOT 13(TR 2 61)
• Prohibit any windows along the rear of the most westerly building and CALDER HIGHLANDS
prohibit any side windows on the west side of the most northerly and 0.50 ACRES
most southerly buildings. EXHIBIT "B"
- Require motion detectors on the security lights that will light the parking
lot from the side of the buildings.
5
May 23, 2006
Consider a request for a specific use permit to allow a property management office in an RM-H
(Residential Multiple Family Dwelling-Highest Density)District at 6325-6331 Calder
Cit y of Beaumont
7LJ.-IJ Council Agenda Item
A IL
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Tom Warner, Public Works Director
MEETING DATE: May 23, 2006
AGENDA MEMO DATE: May 16, 2006
REQUESTED ACTION: Council consider a request for a specific use permit to allow a
property management office in an RM-H (Residential Multiple
Family Dwelling-Highest Density) District at 6325-6331 Calder.
RECOMMENDATION
The Administration recommends approval of a specific use permit to allow a property management
office in an RM-H(Residential Multiple Family Dwelling-Highest Density) District at 6325-6331
Calder with a modification to the landscaping/screening requirements along the east,west and south
property lines (no fencing or landscaping).
BACKGROUND
Jeremiah Brammer is requesting a specific use permit to allow a property management office in an
RM-H(Residential Multiple Family-Highest Density)District. The property is located at 6325-6331
Calder. Mr. Brammer owns the apartment complex and wishes to incorporate the property
management office into the complex.
The 30' x 40' building will be built on the grounds of the Calder West Townhomes complex. Mr.
Brammer states that the building will be used as the office for Caliber Properties, Inc. Ample
parking will be provided on-site. Access will be by one of the current driveways off Calder that now
serves the townhomes.
BUDGETARYIMPACT
None.
PREVIOUS ACTION
At a Joint Public Hearing held May 15, 2006, the Planning Commission voted 9:0 to approve a
specific use permit to allow a property management office in an RM-H(Residential Multiple Family
Dwelling-Highest Density) District at 6325-6331 Calder with a modification to the
landscaping/screening requirements along the east, west and south property lines (no fencing or
landscaping).
SUBSEQUENT ACTION
None.
RECOMMENDED BY
Planning Commission, City Manager, Public Works Director and the Planning Manager.
04/18/06
Planning and Zoning Commission,
This is a request for a specific use permit to allow the building of a property management
office for Caliber Properties Inc. at the Calder West Townhome complex at 6325 —6331
Calder. I have provided a site map showing the placement of the 3Oft x 40ft x 12ft metal
building in relation to the other building and driveways. City water/sewer and electricity
is easily accessible for the building. The traffic expert said I have plenty of parking spots
so there will be no parking/traffic issues. All eight conditions that the zoning ordinance
requires for the specific use permit have been met. This use is compatible with property
in the area. Property along Junker road and Calder all have metal buildings—some quite
large. This use will not impede the development of the vacant land to the side and behind
Calder West Townhomes—building will be built inside the line of the existing structures
on the property. The building is accessible from two directions and water, sewer,
electricity are less than a few feet away. As stated above—your traffic expert said I have
plenty of parking. There will be no odor,fumes, dust,noise or vibration from the
building. There will be no high powered lighting on this building that would affect the
neighboring properties—it is the car wash lights right next door that should be of
concern. There is plenty of screening from the existing foliage to insure harmony with the
adjacent property. The comprehensive plan deems this area to be a community center. I
believe this specific use fits well with the ideas of a community center.
Respectfully,
0
Jeremiah Brammer
Caliber Properties Inc.
782-4182cell
895-0350office
923-2917pager
ORDINANCE NO.
ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE
PERMIT TO ALLOW A PROPERTY MANAGEMENT OFFICE
IN AN RM-H(RESIDENTIAL MULTIPLE FAMILY DWELLING-
HIGHEST DENSITY) DISTRICT LOCATED AT 6325-6331
CALDER, 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 Jeremiah Brammer to allow a property management office in an RM-H
(Residential Multiple Family Dwelling-Highest Density)District located at 6325-6331 Calder,
being Tracts I-IV, Calder West Townhomes, City of Beaumont, Jefferson County, Texas,
containing 1.85 acres, more or less, as shown on Exhibit "A" attached hereto; and,
WHEREAS,the City Council is of the opinion that the issuance of such specific use
permit is in the best interest of the City of Beaumont and its citizens, subject to the
hereinafter described conditions;
NOW, THEREFORE, BE IT ORDAINED BY THE
CITY OF BEAUMONT:
Section 1.
That a specific use permit to allow a property management office in an RM-H (Residential
Multiple Family Dwelling-Highest Density) District located at 6325-6331 Calder, being
Tracts I-IV, Calder West Townhomes, City of Beaumont, Jefferson County, Texas,
containing 1.85 acres, more or less, as shown on Exhibit "A" attached hereto and made
a part hereof for all purposes, is hereby granted to Jeremiah Brammer, his legal.
representatives, successors and assigns, subject to the following conditions:
Modification to the landscaping/screening requirements along the east,west and
south property lines (no fencing or landscaping).
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 23`d day of May,
2006.
- Mayor Guy N. Goodson -
__<�.:`. � - .'•:2's•.''${�?.�.•:l y:r•.::•..:f::r;;;:.,` "3f.'.';.S::f<,::r;ric::•iiC'c2s i:P':f. x:F:.$:-..or;.FF<;x; �O :a
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File 1820-P: Request for a specific use permit to allow a property management office NORTH I a
in an RM-H(Residential Multiple Family Dwelling-Highest Density)District. �5
Location: 6325-6331 Calder
Applicant: Caliber Properties SCALE
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?p 7 EXHIBIT
. To the Llerimlderw ndfor do owners of the pnmle"surveyed
and to Jefferson Count Title
The undersigned der hwsb y u
!gal survey bias Mk
e day mda n the arand Who preens bGefly deeabd.lneraon
b _ s ad te can and that Owe am no visible dlea.p.�tdee,conflicts.
I n.ree=.e.:ere shortages hn
es,troandry flrar wribb.errawdnada.ovaxlsppinp
Nor.2 N 00°28'04"W 387.35' °iA'"'(Pe"ageAtN "1 � of h�rvvsnwru.eonna,taordyhts•olwory,onmwramdu»
Fend trr Ivor PW- (cabs N ar 2C a•W se7J7) around ezoept es shown hereon and Oat weld property has aeons
Found Rod to and horn a dedicated roadway.N recorded seswroris shown
hereon end noted per Jerbrson Canty T ft Canip o y O.F.
330 03.1• Pole aC No.20080035.
Unk 114
Unit 214 link 100
al % ao
`Udt2 ' n '��'•19T(+• 9
1 . w UnK213 lIIFJP7 DLOQ. L qFo s
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Lzao a uri„2 30� Calder West Townhomes �G JEREMY D. RIJSSELL�
Ura2,2 e Volume 2 Pa a 186 m �`9 _.�0 5808
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2 �l Unit 100 Unit 18 na 107 unit toe Ua 108 Uri 104 Un 103 Unit 102
Ui iz11l0 O s O
Uit2a UI200 Unit 207 Unit Unit 205 Uri zoo uri20] Unit 202 ��
to Te ll NGdino_ .. Bulydi g"B^ fl325 Cager Avenue
BsaunorK Texas 77708
lag Couwd Parking sates 6 l Surveyed for Caliber Ptapertlwe Inc.
57.r
——————————�-——— In aaoordence with Federal Ernergroe M rrw
uoged Ag"
In Rate Map:.
A
fp�yq�• .n >a .1<' Panel rHem 005 186187
Freund vY Date of FIRM:August 08.2002
bw Rod
Found S 000 17'46"E 448.93'
I—Rod _ (Called 8 ar 27 11y'E 450JW) .. +r'CeP lth p an Is In Zone W.Location n rrrP dMemrYad
scale E gh ramp../wig on no w o red r subsiad.
TRACT III: - lFltP EnpYwrYq LLC doa notwanant nor wrbsab b
TRACT I: .' TRACT 11: TRACT M. Oo aaaacy or sepia d odd maps..
Those cerLin aper eats designated as Uric Nos.One The"am tab eperbrwMa designated Y Uri Not.One Thera certain sparlinsrlk designated as ski Nor.One' Those craWh apertowde
dnlOnaYd se Unit Nos.One Anus doW,,knd to be otbkb 5D4year flood piste
Hurled(1001 one Hundred one(101).Two Hudred Hundred TWO(102).Ora Hundred Tlws(1031 Two Hundred Far(104),Ora Hundred FNe(106);Oro Hundred (TH 111),(��Ode�� (1Fa
12). (111).
(200)and TWO Hundred One(201)h Builds g•A o7 Hundred TWO CM red TWO Hundred Three RW)h SDr(108).Ono,Frmdrwd Oweta(10'f),Oro Huded.6Wtt .Revised;Febnary 2i.2008
CALDER WEST TOWNHOUSES,a CadOmtiun Project &AMIp'B•d GILDER WEST TOVVNHOUSES,■ (1o5).Oro Hedntl Nine(104 Din hundred Tn(1'10) Two HundredEleven(211),TWO Hunted Twelve(Zt�.
to the M of Baw"ord,Jeffason County,Terns,Including Condani ium Pr*d to on COY of Bsnrront.'Jelkrson Tio Iitendtd Four(204)6 TWO Hrrdred,"An TWO Tiro Hurled Tlirbn(213)and
Two Hundred Fourteen
the carpal specs said pao tree■or belOorin which am Cann4'.Terw,YRiudlnY#W. —and'P arena Hixdd stet elm Two Hurled„N.n'(20Y),We Hdridred R14)h irrflarp•D•.d.CALDER
yyEgTTOMor1%Je arse �(E>LEAP AM F4.11,n stare 1130
esslgne4 tltsrato red the undivided hlerrN h Ifni eamron a btdcoriee whiff an assigned therdO and Oar undivided Wt Mn TWO Hndred 160 OM adTWO,Hood*Tn ■COdadrirart Pro)adb
flN C14.'d Bwtrnwnf,JelArwon r—77701
tearnenb spaigned tham. ,sccordrp b Ore CorWmnk*nn inksm h the Oorernco elements weigned linnet.acordrg (21fq N eridrp'tr d�jAI,DER VYE87'TowNi USES.. Qornti;Twt iet, O
Oo art the apes erred faille saw Tat(4011)813-1852
Declaration red BY'leY1e wNdn lie receded h Volume 14 b Ora Cadankim Dxiardan red Dy-kwawNah we ■C sdardnAm Prttjagt b ft CRY d.BemanOK Jsf W arbrilmriae WMdI are ndplod
treat and ate undivided G/NF.ER/NG F4(4ou)et3-late
PW6 211 d lice Candomkirm Records d Jefferson Canty.' racordad In Voluche 14 Pape 211 d be Condm dam 6purt,Texr,'heardri The orPOrtsp!p.wet)Pew rues t..ft cr go oaunnewknnnte
ndPrd 11rpa1o.according
Texas.erd Or PW gmsa bake receded in Volume 2 Records of Jefferson County.Texas,and to Plat shred orlislasiss wNda rre,eeet9rred.OierMr irad M uMfvldd b.fhi t:adorriMan
Declaration Pg21 of Ode vNioh n CLIENT
Page 188 of to cordoinkian Map Records d Jefferson bake recorded In Vo1me 2 Pace I arva CondpmWrm knterae'h der odnmen sknaarte anlgrud flarelO raeadkp receded In Versus
14 Pella 211 dM)�rdorurNum'
Count',Tewq wAkin Property b conveyed subject to be Map Remnds d Je bmm Cgnt.Toon,,whidn poper I fns C-r dearidrm Declension and Byaba s which we paw, d JatTneon Cant.'Tarim.widths
I'W Onsred Caliber Properties,Inc.
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6s 16* A PrWnhklm PROJECT LOCATION
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*Approval with a modification to the landscaping/screening requirements
along the east,west and south property lines(no fencing or landscaping).
6
May 23, 2006
Consider a request for a 12 month extension for a specific use permit to allow a professional
office in an RM-H(Residential Multiple Family Dwelling-Highest Density)District at 2065
Dowlen Road
•
City of Beaumont
Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Stephen C. Richardson, Planning Manager
MEETING DATE: May 23, 2006
AGENDA MEMO DATE: May 16, 2006
REQUESTED ACTION: Council consider a request for a 12 month extension for a specific use
permit to allow a professional office in an RM-H (Residential
Multiple Family Dwelling-Highest Density)District at 2065 Dowlen
Road.
RECOMMENDATION
The Administration recommends approval of a 12 month extension for a specific use permit to allow
a professional office in an RM-H(Residential Multiple Family Dwelling-Highest Density)District
at 2065 Dowlen Road.
BACKGROUND
On July 27,2004,the City Council granted Mr.Jack Brooks a specific use permit to allow a financial
advisor's office at 2175 Dowlen Road. Dr. Terry Syler is under contract with Jack Brooks to
purchase the subject property. It is Dr. Syler's desire to construct a 2,500 sq. ft.orthodontist office
at this location.
Section 30-26 of the Zoning Ordinance states that unless construction is commenced and
substantially underway within a two year period,the specific use permit becomes null and void. Dr.
Syler is therefore asking for an extension to allow him time to construct his building. Section 30-26
also allows for a change from one use to another if the new use is not substantially different.- The
proposed orthodontist office building will be smaller than the previously approved building._
BUDGETARYIMPACT
None.
PREVIOUS ACTION
At a Joint Public Hearing held May 15, 2006,the Planning Commission voted 8:0 to approve a 12
month extension for a specific use permit to allow a professional office in an RM-H (Residential
Multiple Family Dwelling-Highest Density) District at 2065 Dowlen Road.
SUBSEQUENT ACTION
None.
RECOMMENDED BY
Planning Commission, City Manager, Public Works Director and the Planning Manager.
Mproperties
Commercial/ Industrial/Investment Real Estate ' '`�,�pN'C
i0 A
C'
April 24,2006
Fps 2�
Mr.Stephen C.Richardson
Planning Manager City of Beaumont
801 Main Street,Suite 205
Beaumont,TX 77704
RE:Ordinance 04-055 Specific Use Permit 2175 Dowlen
Dear Mr.Richardson:
I appreciate you meeting with Dr.Terry Syler and myself on Friday.As we discussed, Dr. Syler is under
contract with Jack Brooks to purchase his approximate 13,700 square foot tract of land on Dowlen
Road that has been approved by ordinance number 04055 for a specific use permit allowing a 3900
square foot financial advisor office.
Dr. Syler is purchasing the property to;cor 4hkt*:*`5b0"squafie fmot or less orthodontist office and is
requesting that the ordinance be.extended for a period of 12 months from the expiration date of July 27,
2006.
This would allow Dr. Syler to submit his site plan to the city and allow your department to amend the
ordinance rather than submitting a new specific use permit application.
Thank you in advance for your cooperation and we look forward to working with your department and
will do whatever is required to,complete this process.
Thank you again for your consideration and assistance.
Sincerely yours,
Gerald W:Farha
Cc/Terry Syler
1102 Longfellow Drive;Suite B
Beaumont,Texas 77706
409-781-3172
gfarha @gt.r•.com
ORDINANCE NO.
ENTITLED AN ORDINANCE AMENDING ORDINANCE NO.
04-055 TO GRANT A TWELVE(12) MONTH EXTENSION TO
A SPECIFIC USE PERMIT TO ALLOW A PROFESSIONAL
OFFICE IN AN RM-H (RESIDENTIAL MULTIPLE FAMILY
DWELLING-HIGHEST DENSITY) DISTRICT AT 2065
DOWLEN ROAD, BEAUMONT, JEFFERSON COUNTY,
TEXAS.
WHEREAS,the City Council of the City of Beaumont passed Ordinance No. 04-055
on July 27, 2004, granting a specific use permit to Jack Brooks to allow a financial
advisor's office in an RM-H (Residential Multiple Family Dwelling-Highest Density) District
at 2065 Dowlen Road; and
WHEREAS, Dr. Terry Syler is under contract to purchase the subject property to
construct a 2,500 square foot orthodontist office at this location; and
WHEREAS, Dr.Terry Syler wishes a twelve(12)month extension to the specific use
permit to allow the construction of this orthodontist office;
NOW, THEREFORE, BE IT ORDAINED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
Section 1.
That Ordinance No. 04-055 passed by the City Council of the City of Beaumont on July 27,
2004, granting a specific use permit to allow a professional office in an RM-H (Residential
Multiple Family Dwelling-Highest Density) District at 2065 Dowlen Road, being Lot 3,
Winchester West Place Addition, City of Beaumont, Jefferson County, Texas, containing
0.31 acres, more or less, as shown on Exhibit "A" attached hereto, be and the same is
hereby amended to grant a twelve (12) month extension to Terry Syler to allow for the
completion of the construction of a professional office building.
Section 2.
That an amendment to 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 23`d day of May,
2006.
- Mayor Guy N. Goodson -
RS
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e, NORTH
File 1726=P: Request for a 12 month extension for a specific use permit to allow a
professional office in an RM-H(Residential Multiple Family Dwelling-Highest -
Density)District. -
Location: 2175 Dowlen Road SCALE
N.T.S.
Applicant: Gerald W. Farha
G C
20� y
P L PI 1�1
KEY
O Total area= 13,700 sq ft
,
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(brown)
gross sq ft=3,900
(brown)
I
1 O R uired#of
W parking spaces= 13
T 1 per 300 sq It gross floor area
O Disabled parking space measures
I I'x I8' (marked with`H')
i With a separate 5' access aisle i
a O All other parking spaces measure
9'x 18'
Pedestrian sidewalks(grey)
i
O Monument sign measures
` --- 5'x 1.5'x 4'(blue)
!I O Tres and shrubbery(dark green)
O Grass(light green)
T NOTE:Drawing is reduced,but
remains proportional to scale.
� 16
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'Approval subject to the following conditions and with a modification
to the landscaping and screening requirements:
1) Modify the disabled parking stall and off-set the
driveway 10'from the property line.(Traffic Manager)
2) Provide a 25'rear setback or get a variance from the
Board of Adjustment.(Planning Manager) EXHIBIT "B"
7
May 23, 2006
Consider a request for a specific use permit to allow a mother-in-law quarters in an RS
(Residential Single Family Dwelling)District at 850 Avenue D
City of Beaumont
� c
Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Tom Warner, Public Works Director
MEETING DATE: May 23, 2006
AGENDA MEMO DATE: May 16, 2006
REQUESTED ACTION: Council consider a request for a specific use permit to allow a
mother-in-law quarters in an RS (Residential Single Family
Dwelling) District at 850 Avenue D.
RECOMMENDATION
The Administration recommends approval of a specific use permit to allow a mother-in-law quarters
in an RS(Residential Single Family Dwelling)District at 850 Avenue D subj ect to the dwelling unit
not being rented.
BACKGROUND
Rocco A.Mastrangelo is requesting a specific use permit to allow a mother-in-law quarters in an RS
(Residential Single Family Dwelling)District at 850 Avenue D.
Mr.Mastrangelo states that his mother-in-law is 78 and can no longer manage on her own. He and
his wife do not have adequate space in their house to accommodate his mother-in-law. The one story
dwelling unit would be 448 sq. ft. in area and would be located at the rear of the subject property,
11' from the rear and side property lines.
BUDGETARYIMPACT
None.
PREVIOUS ACTION
At a Joint Public Hearing held May 15, 2006, the Planning Commission voted 9:0 to approve a
specific use permit to allow a mother-in-law quarters in an RS(Residential Single Family Dwelling)
District at 850 Avenue D subject to the dwelling unit not being rented.
SUBSEQUENT ACTION
None.
RECOMMENDED BY
Planning Commission, City Manager, Public Works Director and the Planning Manager.
b= A. Nastra*10
850 Aye D
Bea�aant� sS 77701
Phone: 409 838-2128; Fu 713 798-8948
City of Beaumont April 20, 2006
Planning Division and City Council
801 Main Street,Room 205 '
Beaumont, TX 77701
Dear Planning Division and City Council:
This letter of explanation is accompanied by a formal request for a permit to add
an in-law unit to our existing property. My Mother-in-law is 78 and can no longer
manage on her own. We do not have adequate space in our current home as it now stands.
We respectfully ask for your consideration and approval of our request for a specific use
permit. We have discussed this with our adjourning neighbors and have been assured
they would not oppose this project. The purposed location is abutting three neighboring
properties. This is a predominately residential area. The purposed unit would be added in
the back of our existing structure as the.attached plan lays out in detail. There is adequate
land to leave the required space from all properties lines. This new structure will be
compatible with and not injurious to the use or enjoyment of any abutting properties. Nor
will it diminish or impair properties values in the immediate vicinity. Currently,there is
chain link fence surrounding the property..We request the Planning Divisions and.City
Councils permission to replace the chain link with a 6 ft. privacy fencing upon
completion of the project. This would require a waiver on the existing 8 ft. fence
requirement. We believe this will fit into the current neighborhood more naturally than 8'
privacy fencing. In addition,the property is currently well landscaped and we would like
a waiver on further landscaping requirements. All exterior lighting will be directed
toward the ground and facing away from neighboring properties. Work will be
performed during the hours of 8:00am and 6:00pm to minimize any disturbance to the
surrounding neighbors...Adequate utilities, access, drainage and other necessary,
supporting facilities will be provided in accordance with your approved methods. Thank
you for your time and consideration of this request.
Sincerely,
Rocco Mastrangelo
ORDINANCE NO.
ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE
PERMIT TO ALLOW A MOTHER-IN-LAW QUARTERS IN AN
RS (RESIDENTIAL SINGLE FAMILY DWELLING) DISTRICT
LOCATED AT 850 AVENUE D, IN THE CITY OF BEAUMONT,
JEFFERSON COUNTY, TEXAS.
WHEREAS,the City Council forthe City of Beaumont desires to issue a specific use
permit to Rocco A. Mastrangelo to allow a mother-in-law quarters in an RS (Residential
Single Family Dwelling) District located at 850 Avenue D, being Lot 112, Block 10,
Blanchette Addition, City of Beaumont, Jefferson County, Texas, containing 0.172 acres,
more or less, as shown on Exhibit "A" attached hereto; and,
WHEREAS, the City Council is of the opinion that the issuance of such specific use
permit is in the best interest of the City of Beaumont and its citizens, subject to the
hereinafter described conditions;
NOW, THEREFORE, BE IT ORDAINED BY THE
CITY OF BEAUMONT:
Section 1.
That a specific use permit to allow a mother-in-law quarters in an RS (Residential Single
Family Dwelling) District located at 850 Avenue D, being Lot 112, Block 10, Blanchette
Addition, City of Beaumont,Jefferson County,Texas,containing 0.172 acres, more or less,
as shown on Exhibit "A" attached hereto and made a part hereof for all purposes, is
hereby granted to Rocco A. Mastrangelo, his legal representatives, successors and
assigns, subject to the following condition:
That the dwelling unit will not be rented.
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 23'day of May,
2006.
- Mayor Guy N. Goodson -
1
K G S q Q
NO It _
I File 1821-P: Request for a specific use permit to allow a mother-in-law quarters in an NORTH
I ' RS (Residential Sin g le Family Dwellin g)District.
Location: 850 Avenue D "&.
Applicant: Rocco Nfastrangelo SCALE
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* Approval subject to the dwelling unit not being rented.
EXHIBIT "B"
! S
May 23, 2006
Consider a request for an amended specific use permit to allow professional offices in an RM-H
(Residential Multiple Family Dwelling-Highest Density)District at 3510-3520 and 3590 Delaware
City of Beaumont
Council Agenda Item
A K
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Tom Warner, Public Works Director
MEETING DATE: May 23, 2006
AGENDA MEMO DATE: May 16, 2006
REQUESTED ACTION: Council consider a request for an amended specific use permit and a
specific use permit to allow professional offices in an RM-H
(Residential Multiple Family Dwelling-Highest Density) District at
3510-3520 and 3596 Delaware.
RECOMMENDATION
The Administration recommends approval of an amended specific use permit and a specific use
permit to allow professional offices in an RM-H (Residential Multiple Family Dwelling-Highest
Density) District at 3510-3520 and 3590 Delaware with a modification to the landscaping
requirements along the east side of the property(5' - 7' landscape strip along the east property line)
and construction of a 8' tall wood screening fence on the east side.
BACKGROUND
Sheri Arnold is requesting an amended specific use permit and a specific use permit to allow
professionalibusiness offices at 3510-3520 and 3590 Delaware. This request includes the 0.99 acres
that was granted a specific use permit in March and the additional 1.42 acres that has been acquired
by Ms. Arnold.
The original specific use permit included three buildings comprising a maximum of 9,850 sq.ft. The
new site plan includes eight buildings comprising 25,800 sq. ft. of office space. The initial phase
of development will consist of two buildings with future buildings being constructed as needed.
The new layout will provide better circulation for both building tenants and emergency vehicles. The
buildings will have brick exteriors and be similar in design to a house design. Ms. Arnold is
requesting a modification to the landscaping requirement along the east property line. An 8' tall
wood screening fence will be constructed. However,to accommodate the proposed building/parking
layout, a 5' - 7' landscape is shown instead of the required 10'.
BUDGETARY IMPACT
None.
PREVIOUS ACTION
At a Joint Public Hearing held May 15, 2006, the Planning Commission voted 9:0 to approve an
amended specific use permit and a specific use permit to allow professional offices in an RM-H
(Residential Multiple Family Dwelling-Highest Density)District at 3510-3520 and 3590 Delaware
with a modification to the landscaping requirements along the east side of the property (5' - 7'
landscape strip along the east property line)and construction of a 8'tall wood screening fence on the
east side.
SUBSEQUENT ACTION
None.
RECOMMENDED BY
Planning Commission, City Manager, Public Works Director and the Planning Manager.
• COLDWELL BANKER COMMERCIAL
ARNOLD—ASSOCIATES
2620 Laurel
Beaumont,TX 77702
BUS(409)833-5055
April 21 2Q06 FAX(409)833-5125
www.clxa=ldandassociaWs.com
Mr. Steve Richardson
Director of Planning and Zoning
City Council Members and Mayor
City of Beaumont
801 Main Street, Room 205
Beaumont, TX 77701
RE: REQUEST FOR A SPECIFIC USE PERMIT FOR 3510-3520
DELAWARE (with 3 buildings), BEAUMONT, TEXAS 77706
SEE ATTACHED LEGAL DESCRIPTION
Dear Mr. Richardson,
This letter is written to accompany and be a part of the attached application for a
specific use permit applied for in relation to the 1.42 acre tract of land known as
3510-3520 Delaware and another building to the north of these addresses,
located in Beaumont, Texas.
Our firm, Coldwell Banker Commercial Arnold and Associates, is a commercial
real estate brokerage firm servicing southeast Texas. We had previously
secured a Specific Use Permit for the adjoining 0.99 acre tract to the west of this
site. I plan to construct a new office facility to house our operation and,
additionally, we will build out office space for lease or sale. Several other
professional office buildings are planned for this entire site as shown on the
attached plan. The use of all buildings will be for professional offices only.
An architectural and engineering firm has been contracted to prepare all
drawings and plans in accordance with the requirements of the City of Beaumont.
They will also oversee construction of the first two buildings, which are planned
to begin construction as soon as possible. Additional buildings will be of the
same exterior design and conform to written standards and agreements.
The buildings will have brick exteriors and be similar in design to a home facade.
With the acquisition of this additional acreage, we will be better able to construct
the office park in an efficient and safe manner. We have ample parking abilities
and ease of traffic flow with the addition of this 1.42 acre tract. Buildings will be
situated in an Office Park setting with parking and driveways as indicated on the
attached plan.
•
Each Office is Independently Owned and Operated.
Additionally, all eight conditions required by the zoning ordinance will be met in
order to secure the specific use permit.
* This site is adjacent to the Delaware.Office Plaza, which is a high density
condominium office park. Our proposed use is compatible with the neighborhood
and will enhance the value of the other properties in this vicinity.
* The office use we propose will not impede the normal and orderly development
and improvement of surrounding properties.
* Our engineering firm has checked with the appropriate entities to assure us
that necessary utilities, access roads, drainage and supporting facilities are
appropriate in this site for our use.
* All driveways and parking spaces have been designed to provide safe and
convenient movement of vehicular and pedestrian traffic and will not adversely
affect the general public or adjacent development.
• Our use will have no nuisance factors for consideration.
• Directional lighting is planned for this site that will not adversely affect
neighboring properties.
* Appropriate landscaping and screening will be provided so that this site insures
harmony and compatibility with adjacent property owners. We plan to install an 8
foot wooden fence on the east side of the property to screen this site from the
residential rental property. Additionally, an iron and brick fence will be
constructed across the front and west side of the property. We are requesting a
waiver of the requirement-of a 10 foot landscape strip on the east side of the
property, due to the location of the driveway. Additional landscaping will be
provided along Delaware Street to enhance the desirable look of this property.
* Our proposed use, professional office space, is in accordance with the City's
Comprehensive Plan.
The acquisition of the additional acreage allows us to provide an office park that
will greatly enhance the value of this area and I am pleased to be a part of the re-
building of Beaumont. My company and I take great pride in the development of
this much needed and highly anticipated project. If you require any additional
informatign or clarification, please give me a call.
Sincerely,
Sheri Arnold
ORDINANCE NO.
ENTITLED AN ORDINANCE AMENDING ORDINANCE NO.
06-018 ALLOWING PROFESSIONAL OFFICES IN AN RM-H
(RESIDENTIAL MULTIPLE FAMILY DWELLING-HIGHEST
DENSITY) DISTRICT AT 3510-3520 AND 3590 DELAWARE
STREET, BEAUMONT, JEFFERSON COUNTY, TEXAS.
BE IT ORDAINED BY THE CITY OF BEAUMONT:
Section 1.
That Ordinance No. 06-018 passed by the City Council of the City of Beaumont on March
28, 2006, granting a specific use permit to Sheri Arnold to allow professional offices in an
RM-H (Residential Multiple Family Dwelling-Highest Density) District at 3590 Delaware
Street, be and the same is hereby amended to include property located at 3510-3520
Delaware Street, consisting of an additional 1.42 acres, thereby modifying the property
description as follows:
Being Lot 8, Tracts 2, 3, and 5, Block 2, French Addition, City of Beaumont,
Jefferson County, Texas, containing 2.31 acres, more or less,
as shown on Exhibit "A" attached hereto; modifying the landscaping requirements along
the east side of the property to allow a 5-7' landscape strip; and requiring construction of
an 8' tall wood screening fence on the east side.
Section 2.
That an amendment to 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 231 day of May,
2006.
- Mayor Guy N. Goodson -
- N Z•D
J \
File 1822-P: Request for an amended specific peck use permit and a specific use permit to NORTH
allow professional offices in an RM-H(Residential Multiple Family Dwelling-Highest -
Density)District.
-- Location: 3510-3520 Delaware SCALE
Applicant: Sheri Arnold V=100'
Q O2 O
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44
• DELAWARE h
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EXHIBIT "A"
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MR
9
May 23, 2006
Consider approving the purchase of a fire truck
��K
City of Beaumont
. f
�• Council Agenda Item
• EL g
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Brenda Beadle, Purchasing Manager
MEETING DATE: May 23, 2006
AGENDA MEMO DATE: May 17, 2006
REQUESTED ACTION: Council consider the purchase of a 1,500 gallon per minute pumper
truck.
RECOMMENDATION
Administration recommends the purchase of one (1) Lance 1,500 gallon per minute pumper truck
for the Fire Department from Martin Apparatus, Inc. through the Houston-Galveston Area
Council (H-GAC) in the amount of$396,901.
BACKGROUND
H-GAC is a cooperative purchasing association providing cities and political subdivisions with the
means to purchase specialized equipment at volume pricing. H-GAC complies with the state of
Texas procurement statutes. The price of the truck includes an H-GAC administrative fee of
$2,000.
The truck specified includes a 1,500 gallon per minute pump for pumping water and foam, a 750
gallon water tank, a fifty (50) gallon foam tank, and an injected foam system. This truck will
replace unit 7024, a 1980 American LaFrance truck, and will be placed into service at Fire Station
No. 4, located at 1301 West Lucas Street.
Delivery time for the truck will be approximately 8-9 months. , The various components are
warranted for specified time periods which are as follow:
• Cab/BodyCorrosion: 10 years or 100,000 miles
• Water Tank: Lifetime
• Engine & Transmission: 5 years or 100,000 miles
Purchase of Fire Truck
May 17, 2006
Page 2
All warranty service will be provided by Martin Apparatus and Equipment Company of Houston.
BUDGETARY IMPACT
Funds will be provided through a five (5) year financing agreement which will be awarded at,a
later date.
PREVIOUS ACTION
None.
SUBSEQUENT ACTION
None.
RECOMMENDED BY
City Manager and Fire Chief.
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF BEAUMONT:
THAT the City Council hereby approves the purchase of one (1) Lance 1,500 gallon per
minute pumper truck for the Fire Department from Martin Apparatus, Inc., through the
Houston-Galveston Area Council(H-GAC)Cooperative Purchasing Program in the amount
of $396,901.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 23'day of May,
2006.
- Mayor Guy N. Goodson -
10
May 23, 2006
Consider a request for a historic preservation loan for repairs to the home at 2300 Harrison
o L
City of Beaumont
Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Tom Warner, Public Works Director
MEETING DATE: May 23, 2006
AGENDA MEMO DATE: May 15, 2006
REQUESTED ACTION: Council consider a request for a historic preservation loan for repairs
to the home at 2300 Harrison
RECOMMENDATION
The Administration recommends approval of the request for a historic preservation loan for repairs
to the home at 2300 Harrison.
BACKGROUND
Charles and Vanessa Pickens have applied for an historic preservation loan for work to be done to
the foundation of their house-at 2300 Harrison. The Pickens' state that the work will involve
replacing fourteen floor joists, two beams and leveling the house.
The loan amount is $5,000. Monthly payments would be $208.33 for twenty-four months.
BUDGETARY IMPACT
The Historic Preservation Loan program is funded with CDBG money. Currently,there is$41,628
available in the loan account.
PREVIOUS ACTION
At a Regular Meeting held May 8, 2006, the Historic Landmark Commission voted 9:0 to approve
the historic preservation loan for,repairs to the home at 2300 Harrison.
SUBSEQUENT ACTION
None.
RECOMMENDED BY
City Manager, Public Works Director, Finance Officer, Planning Manager.
RECEIVED
CITY OF PFF.I :-.,.T
APR 12 2006
INVOICE NO:
3266
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RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF BEAUMONT:
THAT the City Manager be and he is hereby authorized to approve a historic preservation
loan in the amount of Five Thousand Dollars ($5,000) to Charles and Vanessa Pickens
from the Historic Preservation Loan Fund to be used for foundation work on the residential
structure located at 2300 Harrison Street.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 23`d day of May,
2006.
- Mayor Guy N. Goodson -
s l l
May 23, 2006
Consider authorizing the City Manager to execute a Local Transportation Project Local
Advanced Funding Agreement with the Texas Department of Transportation(TxDOT)to receive
Advance Congestion Mitigation/Air Quality(CMAQ) funds for construction of the alternative
fueling station for the Beaumont Municipal Transit (BMT)
City of Beaumont
•� Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Tom Warner, Public Works Director
MEETING DATE: May 23, 2006
AGENDA MEMO DATE: May 17, 2006
REQUESTED ACTION: Council consider a resolution authorizing the City Manager to
execute a Local Transportation Project Local Advanced Funding
Agreement with the Texas Department of Transportation(TxDOT)
to receive Advance Congestion Mitigation/Air Quality (CMAQ)
funds for the construction of the alternative fueling station for the
Beaumont Municipal Transit (BMT).
RECONEWENDATION
Administration recommends approval of a resolution authorizing the City Manager to execute a
Local Transportation Project Local Advanced Funding Agreement with the Texas Department of
Transportation (TxDOT) to receive Advance Congestion Mitigation/Air Quality (CMAQ) funds
for the construction of the alternative fueling station for the Beaumont Municipal Transit(BMT).
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.
The CMAQ funding under this agreement is administered by TxDOT and is in the amount of
$200,000. A local match of$50,000 is required in order to receive this funding. In addition to
this CMAQ funding, the City will also receive $472,000 in Texas Emissions Reduction Program
funding and an additional $1,550,000 in other CMAQ funds. The additional CMAQ funds also
require participation by the City in the amount of$387,500. The total amount of funding available
for the alternative fueling system is $2,660,100.
A summary of the funding is provided below.
CMAQ $1,750,000
City 437,500
State (TERP) 472,600
Total $2,660,100
The cost associated with the construction of the proposed CNG fueling facility is estimated at
$2,068,950. The remainder of the funds, $591,150, will be used to fund the operation and
maintenance of the facility for approximately four (4) years.
BUDGETARY IMPACT
The City's local match for the CMAQ funding is $50,000.
PREVIOUS ACTION
City Council approved the agreement for TERP funding in June 2005.
SUBSEQUENT ACTION
None.
RECOAU ENDED BY
City Manager, Public Works Director, City Engineer and Transportation Manager.
TxDO TCMAQFuehngStation.wpd
May 17,2006
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF BEAUMONT:
THAT the City Manager is hereby authorized to execute a Local Transportation Project
Local Advanced Funding Agreement with the Texas Department of Transportation to
receive Advance Congestion Mitigation/Air Quality funds for the construction of the
alternative fueling station for the Beaumont Municipal Transit substantially in the form
attached hereto as Exhibit "A."
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 23`d day of May,
2006.
- Mayor Guy N. Goodson -
CSJ#0920-38-162
District#20
Code Chart 64#03200
Project: BMT Alt. Fuel Station
STATE OF TEXAS §
COUNTY OF TRAVIS §
LOCAL TRANSPORTATION PROJECT
ADVANCE FUNDING AGREEMENT
For A
Congestion Mitigation/Air Quality Project
THIS Local Project Advance Funding Agreement (LPAFA) is made by and between the State of
Texas, acting by and through the Texas Department of Transportation, hereinafter called the "State",
and -the City of Beaumont, Texas, acting by and through its duly authorized officials, hereinafter
called the "Local Government."
WITNESSETH
WHEREAS, a Master Agreement between the Local Government and the State has been adopted
and states the general terms and conditions for transportation projects developed through this
LPAFA; and,
WHEREAS, the Texas Transportation Commission passed Minute Order 107737 that provides for
e development of, and funding for, the project describe herein; and,
WHEREAS, the Governing Body of the Local Government has approved entering into this LPAFA by
resolution or ordinance dated , which is attached hereto and made a part
hereof as Attachment A for development of the specific project which is identified in the location map
shown as Attachment B.
NOW, THEREFORE, in consideration of the premises and of the mutual covenants and agreements
of the parties hereto, to be by them respectively kept and performed as hereinafter set forth, it is
agreed as follows:
AGREEMENT
1. The period of this LPAFA is as stated in the Master Agreement, without exception.
2. Termination of this.LPAFA shall be under the conditions as stated in the Master Agreement,
without exception.
3. Amendments to this LPAFA shall be made as described in the Master Agreement, without
exception.
4. Scope of Work
The scope of work for this LPAFA is described as the construction of an alternate fueling station
at the offices of Beaumont Municipal Transit (BMT) as shown on Attachment "B". After
construction, this station will be used to supply alternate fuel to BMT's fleet of buses. These
buses will provide transportation to the public.
5. Right of Way and Real Property shall be the responsibility of the Local Government, as stated in
the Master Agreement, without exception.
EXHIBIT "A"
A r n t n n CA cti rn,., , RAVISP.CI 9I2IOB
CSJ#0920-38-162
District# 20
Code Chart 64#03200
Project: BW Alt.Fuel Station
. Adjustment of utilities will be provided by the Local Government as required and as stated in the
Master Agreement without exception.
7. Environmental Assessment and Mitigation will be carried out as stated in the Master Agrement
without exception.
8. Compliance with Texas Accessibility Standards and ADA will be as stated in the Master
Agreement, without exception.
-9. Architectural and Engineering Services will be provided by the Local Government, as stated in the
Master Agreement, without exception. The Local Government is responsible for performance of
any required architectural or preliminary engineering work. The State may review and comment
on the work as required to accomplish the 'public purposes of the Local Government. The State
will cooperate fully with the Local Government in accomplishing these local public purposes to the
degree permitted by State and Federal law.
10. Construction Responsibilities will be carried out by the Local Government, as stated in the Master
Agreement, without exception.
11. Project Maintenance will be undertaken as provided for in the Master Agreement, without
exception.
Local Project Sources and Uses of Funds
a. Project Cost Estimate: A Project Cost Estimate is provided in Attachment C. Any work done
prior to federal authorization will not be eligible for reimbursement. It is the Local
Government's responsibility to .verify with the State that the Federal Letter of Authority has
been issued for the work covered by this Agreement.
b. A Source of Funds estimate is also provided in Attachment C. Attachment C shows the
percentage and absolute dollar amount to be contributed to the project by federal, state, and
local sources.
c. The Local Government is responsible for all non-federal and non-state funding, including all
project cost overruns, unless otherwise provided for in this Agreement or through amendment
of this agreement.
d. Prior to, the performance of any engineering review work by the State, the Local Government
will pay to the State the amount specified in Attachment C. At a minimum, this amount shall
equal the Local Government's funding share for the estimated cost of preliminary engineering
for the project. At least sixty (60) days prior to the date set for receipt of the construction bids,
the Local Government shall remit its remaining financial share for the State's estimated
construction oversight and construction costs.
e. In the event that the State determines that additional funding by the Local Government is
required at any time during the Project, the State will notify the Local Government in writing.
The Local Government shall make payment to the State within thirty (30) days from receipt of
the State's written notification.
f. Whenever funds are paid by the Local Government to the State under this Agreement, the
Local Government shall remit a check or warrant made payable to the "Texas Department of
0 Transportation Trust Fund." The check or warrant shall be deposited by the State in an
escrow account to be managed by the State. Funds in the escrow account may only be
applied by the State to the Project. If, after final Project accounting, excess funds remain in
the escrow account, those funds may be applied by the State to the Local Government's
contractual obligations to the State under another advance funding agreement.
AFA_t PAPA Rhnrt(;anAor. Pane 2 of 7 Ravi¢cfl 9i9ma
CSJ#0920-38-162
District#20
Code Chart 64#03200
Project: BMT Alt.Fuel Station
g. If any existing or future local ordinances, commissioners court orders, rules, policies, or other
directives, including but not limited to outdoor advertising billboards and storm water drainage
facility requirements, are more restrictive than State or Federal Regulations, or if any other
locally proposed changes, including but not limited to plats or replats, result in increased costs,
then any increased costs associated with the ordinances or changes will be paid by the local
government. The cost of providing right of way acquired by the State shall mean the total
expenses in acquiring the property interests either through negotiations or eminent domain
proceedings, including but not limited to expenses related to relocation, removal, and
adjustment of eligible utilities.
h. The state auditor may conduct an audit or investigation of any entity receiving funds from the
state directly under the contract or indirectly through a subcontract under the contract.
Acceptance of funds directly under the contract or indirectly through a subcontract under this
contract acts as acceptance of the authority of the state auditor, under the direction of the
legislative audit committee, to conduct an audit or investigation in connection with those funds.
Any entity that is the subject of an audit or investigation must provide the state auditor with
access to any information the state auditor considers relevant to the investigation or audit.
13. Document and Information Exchange. The Local Government agrees to electronically deliver to
the State all general notes, specifications, contract provision requirements and related
documentation in a Microsoft® Word or similar document. If requested by the State, the Local
Government will use the State's document template. The Local Government shall also provide a
detailed construction time estimate including types of activities and month in the format required
by the State. This requirement applies whether the Local Government creates the documents
with its own forces or by hiring a consultant or professional provider.
14. Incorporation of Master Agreement Provisions. This LPAFA incorporates all of the governing
provisions of the Master Advance Funding Agreement (MAFA) in effect on the date of final
execution of this LPAFA, unless such MAFA provision is specifically excepted herein.
15. Insurance. If this agreement authorizes the Local Government or its contractor to perform any
work on State right of way, before beginning work the entity performing the work shall provide the
State with a fully executed copy of the State's Form 1560 Certificate of Insurance verifying the
existence of coverage in the amounts and.types specified on the Certificate of Insurance for all
persons and entities working on State right of way. This coverage shall be maintained until all
work on the State right of way is complete. If coverage is not maintained, all work on State right
of way shall cease immediately, and the State may recover damages and all costs of completing
the work.
16. Signatory Warranty. The signatories to this agreement warrant that each has the authority to enter
into this agreement on behalf of the party represented.
e�e_i pee Chnrtl2cn +�� Pana 'A of 7 Ravicori 9/9/09
CSJ#0920-38-162
District#20
Code Chart 64#03200
Project: BMT Alt.Fuel Station
IN TESTIMONY HEREOF, the parties hereto have caused these presents to be executed in
duplicate counterparts.
THE LOCAL GOVERNMENT
By:
(Signature)
Title:
Date:
THE STATE OF TEXAS
Executed for the Executive Director and approved for the Texas Transportation Commission for the
purpose and effect of activating and/or carrying out the orders, established policies or work programs
heretofore approved and authorized by the Texas Transportation Commission.
By:
Janice Mullenix
Director of Contract Services Section
Office of General Counsel
. Texas Department of Transportation
Date:
ACA_I DACA A— Panc d of 7 Ra,acori 019MA
CS7#0920-38-162
District#20
Code Chart 64#03200
Prey: BRT Alt.FAwl-Station
ATTACHMENT A
Resolution of Local Government
Approving This LPAFA
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CSJ#0920-38-162
District#20
Code Chart 64#03200
PxokxA:._BW Aft_FueLStation
ATTACHMENT C
Project Budget Estimate and Source Of Funds
The Local Government will participate in the cost of construction of an alternate fueling station at the
offices of Beaumont Municipal Transit (BMT): The Local Government's participation is 20% of the
construction costs of this particular improvement and 100% of the preliminary engineering and
preliminary engineering review costs. Federal funds will pay for 80% of the construction costs of the
project. The Local Government's estimated participation of this additional work is $72,500.00,
including construction items, and engineering and contingencies. The State has estimated the project
to be as follows:
Total
Description Estimate Cost Federal State Local
Participation Participation Participation
Cost % I Cost % Cost
PRELIMINARY ENGINEERING COSTS
Preliminary Engineering (no $20,000.00 0% $0.00 0% $0.00 100% $20,000.00
cash contribution
Preliminary Engineering $2,500.00 0% $0.00 0% $0.00 100% $2,500.00
Review
CONSTRUCTION COSTS
Construction of an alternate $215,517.24 .80% $172,413.79 0% $0.00 20% $43,103.45
fueling station
Direct State Costs $34,482.76 80% $27,586.21 0% $0.00 20%
(including plan review, $6,896.55
inspection and oversight)
(Estimated at 16%of
construction
Indirect State Costs (no $0.00 0% $0.00 0% $0.00 0%
local participation required $0.00
except for service pr o'ects
s x
TOTAL $272,500.00 $200,000.00 $0.00 $72,500.00
Direct State Costs will be based on actual charges.
Local Government's Participation =
This is an estimate only, final participation amounts will be based on actual charges to the project.
AFA-LPAFA ShortGen.doc Paae 7 of 7 Revised 2/2/06