HomeMy WebLinkAboutPACKET DEC 06 1983 AGENDA
REGULAR SESSION'OF-rTHE CITY COUNCIL
DECEMBERf6, 1983
CITY COUNCIL CHAMBERS
1:15 P.M.
* Invocation.
* Pledge of Allegiance.
* Roll call .
* Proclamations.
* Consent Agenda.
* Public Hearing - Application for Transit Operating Assistance Grant
from the Urban Mass Transportation Administration.
1. A resolution authorizing the filing of an application for a transit
operating assistance grant.
* Public Hearing - Proposed changes in transit fares.
2. An ordinance providing for changes in transit fares.
Fjjai
3. Thir &reading of an ordinance granting a franchise to REM Waste Control ,
Inc. for closed container refuse collection.
4 F,�ral
4. Third reading of an ordinance granting a franchise to Browning-Ferris
Industries, Inc. for closed container refuse collection.
5. Thirdfreading of an ordinance granting a franchise to Waste Express,
Inc. for closed container refuse collection.
6. An ordinance amending Ordinance 83-128 requiring franchises for closed
container refuse collection.
7. An ordinance changing the zoning from R-3 (Modified Two Family and
Multiple Dwelling) to NC (Neighborhood Commercial ) and RM-H (Resi-
dential Multiple Family-High Density) for an area described as the
Franklin Street Rezoning Study.
8. An ordinance changing the zoning from RS (Residential Single Family)
to RM-H (Residential Multiple Family-High Density) and granting a
Specific Use Permit to operate a beauty shop on property at 9925 Old
Voth Road.
Council Agenda
December 6, 1983
Page"2
9. An ordinance changing the zoning from GC-MD (General Commercial-
Multiple Dwelling) to RS (Residential Single Family) on property at
2876 Ki tchner.
10. An ordinance changing the zoning from RS (Residential Single Family)
to RM-H (Residential Multiple Family-High Density) on property on
the east side of Major Drive approximately 1300 feet south of Gladys.
11. An ordinance changing the zoning from R-3 (Modified Two Family and
Multiple Dwelling) to GC-MD (General Commercial-Multiple Dwelling)
and granting a Specific Use Permit to establish offices and a pro-
duct storage warehouse on property at 695 Chamberlin.
12. An ordinance changing the zoning from RM-M (Residential Multiple
Family-Medium Density) to RM-H (Residential Multiple Family-High
Density) and granting a Specific Use Permit to establish a horticul-
tural landscaping and retail sales business on property at 8450 High-
way 105.
13. An ordinance changing the zoning from AR (Agricultural Residential )
to LI (Light Industrial ) on a 10-acre tract approximately 3300 feet
west of IH-10 south on the north side of Walden Road.
" 14. An ordinance changing the zoning from LI (Light Industrial) to GC-MD
(General Commercial-Multiple Dwelling) on property at 1145 Park Street.
15. An ordinance changing the zoning from RM-H (Residential Multiple
Family-High Density) to RS (Residential Single Family) on property
bounded by South Street, Guffey Street, Smart Street and Royal Purple
Drive.
16. An ordinance granting a Specific Use Permit to grow and sell rare and
exotic plants by appointment only in a RM-H (Residential Multiple
Family-High Density) district on property at 35 Minor Street.
17. An ordinance granting a Specific Use Permit to establish a speciality
contractor's business in a GC-MD (General Commercial-Multiple Dwelling)
district on property at 5480 Washington Boulevard.
18. An ordinance abandoning a 315-foot portion of undeveloped Heritage Lane
right-of-way north of Collier Road.
19. A resolution awarding a contract for furnishing pit sand and/or clay
for landfill cover.
Council Agenda
December 6, 1983
Page 3
i
20. An ordinance approving a change in the Firefighters Pension Plan.
21. A resolution approving funding from the Community Development Block
Grant Program for SOGial Service Facility Rehabilitation Projects.
22. A resolution approving funding from the Community Development Block
Grant Program for Historic Preservation Projects.
23. An ordinance adopting the fiscal year 1984 Capital Funds Budgets.
24. A resolution authroizing execution of a contract for cost participation
in the paving of Briar Creek Drive as a residential-collector street.
Other business.
Hear citizens.
Recess.
RECONVENE FOR WORK SESSION.
1.
December 2, 1983
Council Letter . 167
Honorable Mayor and
Members of City Council
Subject: Transit Operating Assistance Grant
Scheduled for Tuesday's meeting is a public hearing on the City's application
for a transit operating assistance grant in the amount of $504,226 to cover
half the operating deficit of the Beaumont Transit System for fiscal year 1983.
After the hearing, the Council will be asked to adopt a resolution authorizing
the filing of the application with the Urban Mass Transportation Administra-
tion under Section 5 of the Urban Mass Transportation Act of 1964, as amended.
The system's operating deficit for scheduled bus service (exclusive of
charter service) amounted to $1,008,452 for fiscal year 1983. The figure re-
presents the excess of expenditures for scheduled service totaling $1,376,502,
over passenger revenues amounting to $368,050. The $504,226 local share of
the deficit would be financed from $2,040 in bus system advertising revenue
and $502,186 from the General Fund. The system's total operating expenses of
$1,461,062 for the year included $84,360 in expenditures for charter service,
not eligible for operating grant assistance. The City received a grant of
$395,263 from the Urban Mass Transportation Administration to cover 50 percent
of the system's fiscal year 1982 deficit of $790,927.
Tuesday's hearing was originally scheduled for November 29th, but was post-
poned because of the cancellation of the November 29th Council meeting.
It is recommended that this resolution be adopted.
Karl Nollenberger
City Manager
2.
December 2, 1983
Council Letter 185
Honorable Mayor and
Members of City Council
Subject: Transit Fares
Scheduled for Tuesday's meeting is a public hearing on proposed increases in
transit fares which could be expected to raise about $50,000 a year in ad-
ditional revenues and help reduce the bus system's operating deficit. The
public hearing will afford an opportunity for any interested persons or
agencies to be heard concerning the social , environmental and economic as-
pects of the changes.
After the hearing, the Council will be asked to consider an ordinance es-
tablishing the new fares. The changes would be as follows:
Proposed
Present Fare Fare
Adult Fare 40 cents 50 cents
Young Persons _ 15 cents 20 cents
Adult Monthly Pass $15 $18
The present regular charter rate is a $60 minimum charge for up to three
hours plus $20 for each additional hour. This rate would be increased to
a three-hour minimum of $80 plus $28 for each additional hour. The present
contract charter rate is a three-hour minimum of $60 plus $20 for each ad-
diL'Tuuial hour. The proposed rate would be a three-hour minimum of $70 plus
$24 for each additional hour.
Other fares, including Special Transit System fares and transfer charges,
would remain unchanged.
The present fare structure, established in 1982, was sufficient for a 38
percent ratio of operating revenues to operating expenses that year. The
schedule was subsequently revised to include increases for passes and incor-
porate fares for Special Transit Service for the mobility-impaired. As dis-
cussed with you in a Work Session, the operating ratio could drop to 29
percent, compared to the 34 percent considered to be a desirable level ,
during 1984 unless the fares are increased.
The $50,000 anticipated increase in annual revenue would include $40,000
from passenger fares and $10,000 from charters. The increase would tran-
slate into a $25,000 reduction in the City's 50 Percent share of the system
operating deficit, assuming the other 50 percent to be covered by a transit
operating assistance grant from the Urban Mass Transportation Administration
as in past years.
Council Letter 185.
December 2, 1983
Page 2
Federal regulations require that before action is taken on a fare increase
a public hearing be conducted with at least 30 days prior published notice.
Tuesday's hearing was earlier scheduled for October 25th and November 29th
but postponed because of cancellation of the Council meetings scheduled
for these dates.
It is recommended that the fare increase ordinance be adopted.
�,,)& f o&+,
0
Karl Nollenberger
City Manager
3 - 4 - 5
December 2, 1983
Council Letter 160
Honorable Mayor and
Members of City Council
Subject: Closed Container Refuse Collection Franchises
Three waste collection franchise ordinances are on the agenda for third and
final reading Tuesday.
The ordinances would grant five-year franchises for closed container refuse
collection to REM Waste Control , Inc. , Browning-Ferris Industries, Inc. ,
and Waste Express, Inc. In return, the companies would agree to pay the
City 5 percent of their monthly gross revenues and abide by other terms
and conditions of the franchises. These would include requirements that
- the companies carry liability insurance and furnish performance bonds in the
amount of $500,000. The franchises also would require uniform rates by
classes of customer and set standards for service and equipment maintenance.
Franchise ordinances must- be read three times at separate Council meetings
with the third reading to be not less than 30 days after the first. These
ordinances were passed on first reading November 1st and second reading
November'15th. - ThE three ordinances would take effect 60 daysi"after final
passage. _
It is recommended that these ordinances be passed on third and final read-
ing.
Karl Nollenberger
City Manager
jl,.a i L
ORDINANCE
AN ORDINANCE GRANTING A FRANCHISE TO REM
WASTE CONTROL, INC. TO OPERATE A
COMMERCIAL CLOSED CONTAINER GARBAGE
COLLECTION SERVICE IN THE CITY OF
BEAUMONT; PROVIDING THE TERMS, CONDITIONS,
OBLIGATIONS, AND LIMITATIONS OF SUCH
SERVICE; PROVIDING INDEMNITY TO THE CITY.;
RETAINING AUTHORITY TO REGULATE RATES;
PROVIDING FOR FRANCHISE PAYMENTS; AND
PROVIDING FOR SEVERABILITY.
WHEREAS, REM Waste Control, Inc. ( the "Company" ) has
requested a franchise to operate commercial closed container garbage
collection service within the City of Beaumont, Texas ( the "City" ) ;
and,
WHEREAS, the City desires to grant such franchise;
NOW, THEREFORE, BE IT ORDAINED BY THE
CITY OF BEAUMONT:
Section 1 .
Grant of Authority
There is hereby granted by the City to REM Waste Control Inc.
the right and privilege to operate and maintain within the City a
commercial closed container garbage collection service ( the
"service" ) . For purposes of this franchise, the term "commercial
closed container garbage collection service" means the regular
collection of garbage from enclosed, mechanically-emptied "dumpster"
type containers from locations in the City other than single-family
residences, and. the disposal of such material in accordance with law.
The franchise granted herein is nonexclusive, and franchises may be
granted to other persons for service.
ca RT 2 6,T�a
ORDINANCE
n •
AN ORDINANCE GRANTING A FRANCHISE TO
BROWNING FERRIS INDUSTRIES, INC. TO
OPERATE A COMMERCIAL CLOSED CONTAINER
GARBAGE COLLECTION SERVICE IN THE CITY OF
BEAUMONT; PROVIDING THE TERMS, CONDITIONS,
OBLIGATIONS, AND LIMITATIONS OF SUCH
SERVICE; PROVIDING INDEMNITY TO THE CITY;
RETAINING AUTHORITY TO REGULATE RATES;
PROVIDING FOR FRANCHISE PAYMENTS; AND
PROVIDING3 FOR SEVERABILITY.
WHEREAS, Browning Ferris Industries, Inc. ( the "Company" ) has
requested a franchise to operate commercial closed container garbage
collection service within the City of Beaumont, Texas ( the "City" ) ;
and,
WHEREAS, the City desires to grant such franchise;
NOW, THEREFORE, BE IT ORDAINED BY THE
CITY OF BEAUMONT:
Section 1 .
Grant of Authority
There is hereby granted by the City to Browning Ferris
Industries, Inc. the right and privilege to operate and maintain
within the City a commercial closed container garbage collection
service ( the "service" ) . For purposes of this franchise, the term
"commercial closed container garbage collection service" means the
regular collection of garbage from enclosed, mechanically-emptied
"dumpster" type containers from locations in the City other than
single-family residences, and the disposal of such material in
accordance with law . The franchise granted herein is nonexclusive,
and franchises may be granted to other persons for service.
AQ ti
"Po-. ----_ ---
ORDINANCE
AN ORDINANCE GRANTING A FRANCHISE TO WASTE
EXPRESS, INC. TO OPERATE A COMMERCIAL
CLOSED CONTAINER GARBAGE COLLECTION
SERVICE IN THE CITY OF BEAUMONT; PROVIDING
THE TERMS, CONDITIONS, OBLIGATIONS, AND
LIMITATIONS OF SUCH SERVICE; PROVIDING
INDEMNITY TO THE CITY; RETAINING AUTHORITY
TO REGULATE RATES; PROVIDING FOR FRANCHISE
PAYMENTS, AND PROVIDING FOR SEVERABILITY.
WHEREAS, Waste Express, Inc. ( the "Company") has requested a
franchise to operate commercial closed container garbage collection
service within the City of Beaumont, Texas ( the "City" ) ; and,
WHEREAS, the City desires to grant such franchise;
NOW, THEREFORE, BE IT ORDAINED BY THE
CITY OF BEAUMONT:
Section 1 .
Grant of Authority
There is hereby granted by the City to Waste Express, Inc.
the right and privilege to operate and maintain within the City a
commercial closed container garbage collection service ( the
"service" ) . For purposes of this franchise, the term "commercial
closed container garbage collection service" means the regular
collection of garbage from enclosed, mechanically-emptied "dumpster"
type containers from locations in the City other than single-family
residences, and the disposal of such material in accordance with law.
The franchise granted herein is nonexclusive, and franchises may be
granted to other persons for service.
Section 2.
Term of Franchise
The franchise herein granted shall take effect and be in
force sixty ( 60) days after the f inal passage hereof as required by
law and upon the filing by the Company of an acceptance with the City
Clerk , and shall continue in force and effect for a term of five (5)
years thereafter. The acceptance required hereunder must be in
writing and filed with the City Clerk within thirty ( 30) days after
f inal passage hereof.
Section 3.
Rates
The Company shall establish rates for service which are
uniform as to customer class based upon such criteria as container
size, frequency of collection, and distance of travel. The Company
shall file its initial rates for service with its acceptance as
required herein. Such rates shall, unless modified by the City, be
effective with the effective date of this franchise. Any
modification in rates by the Company shall first be filed with the
City Clerk and City Attorney and shall be effective thirty days (30)
after such filing unless modified by City as provided herein.
Nothing herein shall prevent the Company from charging uniform rates
which are less than the rates filed with the City. The City shall
have the right to establish rates charged by Company for services
performed hereunder, after notice and hearing. Rates established by
the City shall be sufficient to allow the Company an opportunity to
earn a reasonable return on its invested capital used in providing
such services.
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Section 4.
Franchise Fee
The Company shall, pay to the City, on or before the fifteenth
(15th) day of each month, a sum equal to f ive percent (5%) of the
gross revenues received for service in the previous month as payment
for the use of the City' s streets, alleys and rights-of-way. The
payments herein provided do not relieve Company from the payment of
ad valorem taxes, special assessments, charges, or other fees
applicable to the public generally. City shall have the right at any
reasonable time to audit the books and records of the Company and the
Company is hereby required to make such books and records available
at the request of City. The following reports shall be filed monthly
with the City Manager or his designee, along with the street rental
payment required herein:
1) A listing of all new commercial accounts
served, including customer name, address,
frequency of pick-up, size of container or
type of service and charge for same.
2) Names and addresses of commercial customers
dropped from service for any reason and the
reason, if available, that such customer was
dropped from service.
3) A statement under oath of all revenues
derived from commercial closed container
garbage collection services.
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4 ) A listing of all vehicles used in providing
service and all vehicles which have been
added to or removed from providing such
service. Such listing shall include state
license number, year, make, model, and
manufacturer's rated capacity for each
vehicle.
Section 5.
Indemnity, Insurance and Bond
The Company shall at all times during the effective period of
this franchise, carry liability insurance as provided herein. The
Company covenants and agrees at all times to indemnify and save
harmless the City, its officers, agents, employees, and any member
of the public against any and all injuries, damages, claims, causes
_. of action or loss of compensation arising or resulting from Company' s
operations under this franchise, whether or not such loss was caused
by the negligence of the City, its agents, servants or employees.
Upon notice given Company by City, Company must defend at its own
expense, any action or suit brought against the City because of any
work or other acts done by the Company under the terms of this
franchise. Counsel chosen by Company to defend City must be
satisfactory to City. Company will pay any final judgment which
might be obtained against City by reason of any work or acts done
hereunder by Company , its agents, servants or employees, and Company
will pay all damages occurring to any person or property, public or
private, resulting from any fault or neglect on its part or on the
part of its agents or employees.
4 _
The Company agrees to carry insurance as follows:
1) Workers Compensation
The Company shall furnish the City Clerk
a certificate of insurance indicating
workers compensation coverage as
required by the State of Texas.
2) Automobile Liability Insurance
The Company shall carry in its own name,
a policy in comprehensive form to insure
the automobile liability of its
operation with limits of not less than
$1 ,000,000 per occurrence for bodily
injury and, in addition, not less than
$100,000 property damage. This policy
shall name City as an additional insured
and provide for thirty ( 30) days notice
to City prior to cancellation. A
certificate of insurance certifying such
coverage shall be filed with the City
Clerk before the effective date of this
franchise, and it shall be maintained in
force during the term of the franchise.
3) General Liability
The Company shall carry , in its own name,
a comprehensive liability insurance
policy including contractual coverage
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for operations other than automobile
with limits of not less than $1 ,000,000
per occurrence for bodily injury , and
$100,000 per occurrence for property
damage. The policy shall name the City
as a named insured and provide for
thirty ( 30`) days notice to City prior to
cancellation. A certificate of insurance
certifying such coverage shall be filed
with the City Clerk before the effective
date of this franchise and maintained in
force during the term of the franchise.
4) Performance Bond
The Company shall furnish a performance
bond for the faithful performance of
all provisions of this franchise, said
performance bond to be executed by a
responsible surety company authorized to
do business in the State of Texas and be
in the amount of $500,000.00. Said
performance bond, payable to the City,
shall be furnished by the Company and
remain in force during the entire term
of the franchise, and shall indemnify the
City against any loss resulting from any
failure of performance by the Company
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under this franchise. Said bond shall
be approved by the" City Attorney and
filed with the City Clerk before the
effective date of this franchise.
Section 6 .
Compliance with Laws and Ordinances
The Company shall at all times during the term of this
franchise, be subject to all lawful exercise of police power by the
City and to such reasonable regulations as the City shall hereafter
by ordinance provide. In addition, the Company will observe all
city, county, state and federal laws regulating the collection and
disposal of garbage and trash.
Section 7 .
Service Standard and Equipment
The Company shall maintain and operate its collection system
and equipment in good order to render efficient service subject to''
the terms of this franchise. The Company shall obtain and maintain
in good working order sufficient equipment to provide regular service
throughout the City of Beaumont. The trucks used in the collection
of garbage or refuse shall be all metal, water tight, and shall be
equipped with closed bodies equipped with hydraulically operated
devices for compacting collected garbage and meet all federal and
state laws and regulations. Collection vehicles and all containers
shall be painted and numbered and shall have the Company' s name and
telephone number painted in letters of a contrasting color. All
vehicles and containers shall be kept in a clean and sanitary
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condition and all vehicles shall be cleaned inside and outside at
least once each week.
Section 8 .
Providing Service
The Company shall provide service to any person, f irm,
corporation, association or entity inside the City of Beaumont who
requests such service .and is not delinquent in the payment of
collection charges due the Company.
Section 9.
Of f ice
The Company shall establish and maintain an office with
telephone service and shall keep said office open for business from
9: 00 a.m. to 5:00 p.m. each and every day except Saturday, Sunday
and holidays which are recognized by the City for its general
employees.
Section 10.
Interruption of Service
In the event that service shall be interrupted for any reason
for more than forty-eight ( 48) hours, the City shall have the right
to make temporary independent arrangements for the purposes of
continuing this necessary service to its residents in order to
provide or protect the public health and safety. If the interruption
in service mentioned herein continues for a period of seventy-two
(72) hours, then the City shall have the right to terminate the
rights and privileges granted in this franchise.
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Section 11.
Termination
In the event that any provision of this franchise is violated
by the Company , the City may serve written notice upon the Company
and the surety of its intention to terminate this franchise. The
. notice shall contain the reasons for such intention to terminate the
franchise. unless within ten (10) days after mailing such notice by
City to the Company, such violation shall cease, or satisfactory
arrangements for correction be made by Company, the City Council may,
after a public hearing in which Company is provided an opportunity to
present evidence concerning such violation, by motion duly adopted,
declare the franchise terminated and serve written notice upon the
Company and surety of the termination and the termination of the
franchise shall be effective upon the mailing of such notice. In the
event of any such termination, the surety shall have the right to
take over and perform under the franchise, provided, however, that if
the surety does not commence performance thereof by the effective
.date of termination of the franchise, or if the Company refuses to
continue the work , or any portion thereof, prior to the effective
date of termination of the franchise, the City may take over the work
or portion thereof and prosecute the same, by contract, franchise or
otherwise, for the account and at the expense of the Company .
.Company and it' s surety shall be liable to the City for any excess
costs, expenses, and revenues occasioned by the City taking over
service, and in such event, the City may take possession and utilize
in prosecuting the work, such appliances, equipment and sites as may
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have been used by the Company and are necessary therefor. After
issuance by the City of i%s notice of intention tq terminate the
franchise, the Company shall not remove from City any of its
equipment normally used in the prosecution of the work until
arrangements to continue the work, by contract, by surety or
otherwise, have been completed by the City.
Section 12.
First Option to Purchase Equipment
Time for Exercising Option. Within sixty ( 60) days after
notice of termination of this franchise by either party or within
sixty ( 60) days prior to expiration of this franchise term or any
subsequent renewal term, the City and Company hereby agree that the
City shall have the first option to purchase from the Company or the
City shall have the option to provide for the purchase by a
subsequent provider of service all or part of Company' s refuse
collection vehicles and equipment used in the performance of this
franchise. However, the City shall not be required to exercise this
option. The purchase price shall be the fair market value or at a
value agreed upon by the City Council and the Company in writing.
Fair Market Value. The fair market value shall be the
appraised market value as determined by a board of three ( 3 )
qualified appraisers of truck equipment none of whom shall be
employees of the City or the Company , one to be selected by the
Company , one to be selected by the City, and a third to be selected
by the other two appraisers. The opinion of the majority of the
board as to the market value of each collection vehicle shall be
10 -
i
final and! shall establish the amount for each vehicle which the City
shall pay therefor. '
Appraisers Fees. The charges for service by the appraiser
for the City shall be borne by the City and the charge for services
by the appraiser selected by the Company shall be borne by the
Company. The charge for services by the third appraiser shall be
borne equally by the City and the Company.
Asl referred to herein, charge for services refers only to the
actual charge for appraisals and the City shall not be responsible
for any costs for travel or subsistence for either the appraiser for
Company or'I the third appraiser if such are selected from outside
Jefferson County.
if no Agreement as to Fair Market ValueAgreement as to Fair Market Value. If on the
expiration'I date of the contract for any reason the appraised value of
the vehicles shall not have been determined, the City shall be
entitled t� immediate possession and use of said vehicles and the
Company shl 11 immediately surrender possession of the same to the
City. The, City agrees to pay the Company a fair rental value for use
of the vehicles. The fair rental value shall be based on the actual
average da ly maintenance and operating cost for each vehicle during
the twelve months previous to the expiration date of the contract,
and is not to include any initial or depreciation costs.
Should any collection vehicle used in the performance of the
contract O d to be purchased by the City not be fully paid for and
the City 0 ould make payments as due on any collection vehicle, then
all amounts, both for payments and interest, paid by the City shall
- 11 -
be deducted from the total price due the Company for the purchase of
such vehicle.
Titles to Collection Vehicles. The Company agrees to deliver
to the City good and sufficient title to such collection vehicles
upon receiving payment as determined by the aforesaid appraisal and
to pay all attorney' s fees and charge for transferring titles.
Section 13.
Subordination Agreement
Company agrees to make any lien on the equipment of Company
in providing service subordinate to the rights of City under this
franchise.
Section 14.
Transfer of Franchise Rights
Franchise rights granted hereunder shall not be transfered to
another without the approval of City. A single transfer or a series
of transfers- of Company's stock which constitute a transfer of a
majority interest in Company is subject to the prior approval of
City.
Section 15.
Notices
Where written notices are provided for in this ordinance,
same shall be sufficient to notify Company when provided by certified
mail to the address furnished by Company to City. Notice to City is
sufficient if mailed by certified mail to p. O. Box 3827, Beaumont,
Texas 77704.
I
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Section 16.
If any section, sentence, clause, paragraph or phrase of this
ordinance other than Section 4 is for any reason held to be invalid
or illegal, such invalidity shall not effect the remaining portions
of this ordinance. If Section 4 hereof is held to be invalid for any
reason, the ordinance shall be immediately invalid.
Section 17.
It is agreed by City and Company that venue of any legal
proceedings under this franchise contract shall be at Jefferson
County, Texas.
Section 18.
Vehicle Permits
In order to facilitate identification of those vehicles which
.are providing service inside the city limits, the following
permitting procedure shall be followed:
1 . Twenty ( 20) days prior to the beginning date of this
franchise and annually thereafter on January 1 of each year, the
Company shall furnish to City a list of all vehicles providing
service that will be using the City' s landfill site for disposal.
Such list shall identify which vehicles provide service only from
inside the city limits and which vehicles provide any service from
outside the city limits.
2. City will provide an identification permit to be affixed
to the vehicle as directed by City. The annual permit fee shall be
$10.00 per vehicle. This fee is in addition to any other fees or
charges for disposal at the municipal landfill.
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3 . The Director of Urban Transportation shall administer the
permit procedure.
4 . Failure to comply with this provision or to falsify the
information concerning the location of the service of the vehicle
shall be a material breach of this franchise. Should City decide not
to terminate this franchise because of any violation of this Section,
Company' s disposal fee at City's landfill shall be doubled for all of
Company' s vehicles for a period of sixty ( 60) days.
PASSED BY THE CITY COUNCIL of the City of Beaumont of first
reading this the day of , 19
PASSED BY THE CITY COUNCIL of the City of Beaumont on
second reading this the day of ,
19
PASSED BY THE CITY COUNCIL of the City of Beaumont this the
day of , 19
- Mayor -
ACCEPTANCE:
REM WASTE CONTROL, INC.
By:
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3. The Director of Urban Transportation shall administer the
permit procedure.
4. Failure to comply with this provision or to falsify the
information concerning the location of the service of the vehicle
shall be a material breach of this franchise. Should City decide not
to terminate this franchise because of any violation of this Section,
Company's disposal fee at City' s landfill shall be doubled for all of
Company's vehicles for a period of sixty (60) days.
PASSED BY THE CITY COUNCIL of the City of Beaumont of first
reading this the day of , 19
PASSED BY THE CITY COUNCIL of the City of Beaumont on
second reading this the day of It
19
PASSED BY THE CITY COUNCIL of the City of Beaumont this the
day of 19
- Mayor -
ACCEPTANCE:
BROWNING FERRIS INDUSTRIES, INC.
By:
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3. The Director of Urban Transportation shall
permit administer the
procedure.
4. Failure to comply P y with this provision or to falsify the
information concerning the location of the service o
shall be a material breach of this franchise f the vehicle
• Should City decide not
to terminate this franchise because of any violation of
Company's this Section,
disposal fee at City's landfill shall be doubled for a
Company's vehicles fora 11 of
period of sixty (6 p) days.
PASSED BY THE CITY COUNCIL of the City of Beaumont of firs
reading this the t
day of
19 .
PASSED BY THE CITY COUNCIL of the City of Beaumont on
second reading this the
day of
19
PASSED BY THE CITY COUNCIL of the City of Beaumont this the
day of
19 .
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ACCEPTANCE: Mayor
WASTE EXPRESS, I NC.
By:
14 -
6.
December 2, 1983
Council Letter 179
Honorable Mayor and
Members of City Council
Subject: Amendment to Franchise Requirement
On October 4th, the Council adopted an ordinance making it unlawful for any
person or business to offer commercial closed container refuse collection
service in Beaumont without first obtaining a franchise from the City. The -
effective date was set as January 1, 1984. An amendatory ordinance will be
presented Tuesday changing the effective date to a date 60 days after final
action on the three pending franchise ordinances on Tuesday's agenda for
third and final reading. The new date, February 6th, would be the earliest
that an effective franchise could be obtained to satisfy the ordinance re-
quirements. Firms currently engaged in closed container collections would
thus be allowed to continue providing the service in the meantime.
It is recommended that this amendatory ordinance be adopted.
Karl Nollenberger
City Manager
+ AGEMDA FM
N0�
ORDINANCE NA:
ENTITLED AN ORDINANCE AMENDING ORDINANCE 83-128
TO CHANGE THE EFFECTIVE DATE.
WHEREAS, on October 4 , 1983, Ordinance 83-128 was passed
making it unlawful for any person, partnership, association or
corporation to provide commercial closed container garbage collection
service in the city without obtaining a franchise; and,
WHEREAS, Ordinance 83-128 was to be and become effective
from and after January 1 , 1984; and,
WHEREAS, the effective date of such ordinance should be
amended so that such ordinance is effective from and after February
6 , 1984 ;
NOW , THEREFORE BE IT ORDAINED BY THE
CITY OF BEAUMONT:
Section 1 .
That Ordinance 83-128 be, and the same is hereby , amended
-•hange Section 4 , the effective date provision, to read as
follows:
Section 4
This ordinance shall be and become effective from--
and after February 6 , 1984.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the
day of _, 1983. - -
Mayor -
7.
December 2, 1983
Council Letter 177
Honorable Mayor and
Members of City Council
Subject: Franklin Street Rezoning Study
At the November 21, 1983 joint public hearing held by the Planning Commission
and City Council ,' the Planning staff reviewed the Franklin Street Rezoning
Study. The study begins at Victoria Street and extends south to Avenue G.
A 150-foot strip on the east and west sides of Franklin composes the bulk of
the study area. Existing zoning is R-3 (Modified Two Family and Multiple
Dwelling) and was originally zoned in 1955. The predominant land use is
single family residential with some apartment houses. In general , only two
retail locations are within the study: Avenue C to Avenue D and Orange
Street to Avenue A. A Western Union office would become a non-conforming
use. The comprehensive plan designates the area as a Conservation and Re-
vitalization Area.
Based on exhibited land uses, the Planning staff recommended RM-H (Residential
Multiple Family-High Density) in Area I, other than the one and one-half
blocks at the easternmost corner. Retail uses from Avenue C to D would be-
come non-conforming. Area II would be zoned NC (Neighborhood Commercial )
and includes the easternmost properties from Orange to Avenue A. This con-
centration of retail serves as a transition from the GC-MD (General Commer-
cial-Multiple Dwelling) district at its eastern border. A total of 56
notices were sent to property owners within the study area and 4 responses,
aTl negative, were returned. There were 93 notices sent to property with-
in 200 feet of the study and seven were returned, three positive and four
opposed.
The Planning Commission recommended approval of the RM-H (Residential Multiple
Family-High Density) zoning for Area I and NC (Neighborhood Commercial ) for
Area II by a vote of 6 to 0.
It is recommended that Council approve this rezoning study.
Karl Nollenberger
City Manager
TO: Planning Commission and City Council
FROM: Planning Department
SUBJECT: Franklin Street Rezoning Study; scheduled for joint
public hearing on November 21, 1983.
* STAFF REPORT
GENERAL INFORMATION FRANKLIN STREET REZONING STUDY
The study begins at Victoria Street and extends south to Avenue G.
A .150 foot strip on the east and west sides of Franklin composes
the bulk of the study area. Existing zoning is R-3 ; this is
original zoning from 1955. Predominant land use is single family
residential and some apartment houses. In general only two retail
locations are within the study: Avenue C to Avenue D and Orange
Street to Avenue A. A Western Union office would become a non-
conforming use. The comprehensive plan indicates the area as a
Conservation and Revitalization Area.
Existing Zoning R-3 (Modified Two Family and
Multiple Dwelling) _
Surrounding Zoning and Land Use north: GC-MD and LI , commercial
south: RM-H, residential
east: RM-H, residential
west: RM-H, residential
Comprehensive Plan Conservation and Revitalization
SPECIAL INFORMATION
Utilities A 6 inch water line is in
Franklin.
Streets Franklin is a local residential
street having a 60-foot right-
of-way and 30-foot pavement.
Fire Protection Station #1, 875 College
ANALYSIS
- A land use inventory of the study area shows that the predomi-
nant land use is residential single family and a few apartment
houses.
Franklin Street Rezoning Study
Page 2
ANALYSIS
- Two retail blocks are a part of the study: Victoria to Avenue
A..and Avenue C to Avenue D.
- Information in the department indicates that commercial uses
between Avenue B and Avenue C are prior non-conforming uses.
RECOMMENDATION
Based on exhibited land uses the staff recommends the following:
- Area 1: RM-H - All of the study area other than the 11 blocks
at the easternmost corner. Predominantly residential uses.
Retail uses from Avenue C to D would become non-conforming.
- Area 2: NC - The easternmost properties from Orange to Avenue
A. This concentration of retail serves as a transition from
the GC-MD district at its eastern border.
PUBLIC NOTIFICATION AND RESPONSE
Notices to property owners in study boundaries 56
Notices to property owners within 200 feet of study 93
TO:, City Council
FROM: Planning Department
CT• Summary of Planning Commission on Franklin Street
SUBJE Study; November 21,
Rezoning
GENERAL INFORMATION -
stud begins at Victoria Street andideseofsFranklinocomposesG•
The Y
150-foot strip on the east and west s is R-3 ; this is
e bulk of the study area. Existing zoning ily
-i final zoning from 1955. Predominant land use isonlygtwof retail
original
residential and some apartment houses.venue C to Avenue D and Orange
locations are within the study:
Street to Avenue A. A Western
Union
eo plan office indicates btheoarea asna
conforming use. The comprehens P
Conservation and Revitalization Area.
PLANNING STAFF RECOMMENDATION
Based on exhibited land uses , the staff recommended the following:
Area 1• RM-H - All of the- study Predominantly residential luses .
a►t the•easternmost corner. Predomi Y
Retail uses from Avenue C to D would become non-conforming.
Area 2: NC - the easternmost Properties from Orange to Avenue A.
Th- concentration of retail serves as a transition from The GC-MD
district at its eastern border.
PLANNING C014MISSION RECOMMENDATION
The Planning recommended approval of RM-H zoning for Area 1 and NC
for Area 2 by a vote of 6 to 0.
PUBLIC NOTIFICATION AND RESPONSE 56
Notices to property owners in study boundaries 0
Responses in favor of proposal 4
Responses opposed to proposal
93
Notices to property owners within 200 feet of study 3
Responses in favor of proposal 4
Responses opposed to proposal
40 F
do 41 Of
FRANKLIN ST. REZONING STUDY '♦ - ♦ ` ~ �:.•
YC
AREA 1: Currently R-3 I
• I ♦ , ^'. / •' /. ;�
I Proposed RM-H ` . � �, �� , , •' ' , Y " r r. 0, •' , `
AREA 2 : Currently R-3 ' • •• - ,. ,, r I ,�'�
/ ♦
Proposed NC . /t•• L , , •
• I ! I • % 'r• • • ' '• V / a
to a
• • 0
/0-
If
R ev a
v t •
• / . 100"
_ .
AGOG y A IT LEI
NO
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, CHANGING THE I
TO NC
TWO FAMILY
COMMERCIAL) DISTRICT AND RM-H
(RESIDENTIAL OPROPERTY
E DWELLING - HIGH DENSITY)
DISTRICT DESCRIBED AS THE FRANKLIN
STREET REZONING STUDY; PROVIDING FOR
SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING
FOR 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 30-5B thereof, is hereby amended by changing the zoning
classification from R-3 (Modified Two Family and Multiple Dwelling)
District to NC (Neighborhood Commercial) and RM-H (Residential
Multiple Dwelling - High Density) District for an area as shown on
Exhibit "A" attached hereto and made a part hereof for all purposes,
and the official zoning map of the City of Beaumont is hereby amended
to reflect such changes.
Section 2.
That in all other respects the use of the property
hereinabove described shall be subject to all of the applicable
regulations contained in Chapter 30 of the Code of Ordinances of
Beaumont, Texas, as amended.
t
_ ct ion 3.
clause or phrase
That if any section, subsection, sentence, i
application of same to a particular set of
of this ordinance, or the reason be held to be
should for any
persons or circumstances, ortions of
invalid, such invalidity shall not affect the remaining P
this ordina
nce, 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• of Beaumont this the
PASSED BY THE CITY COUNCIL of the City
19_____
day of
- Mayor -
2 -
8.
December 2, 1983
Council Letter 173
Honorable Mayor and
Members of City Council
Subject: Request for Zoning Change and Specific Use Permit at 9925 Old
Voth Road
A request by T.W. Atwood for a zoning change from RS (Residential Single
Family) to RM-H (Residential Multiple Family-High Density) and a Specific Use
Permit for property at 9925 Old Voth Road was reviewed at the joint public
hearing of the Planning Commission and the City Council on November 21, 1983.
The Planning staff recommended denial of the request because it is contrary
to land use principles which state that high density multi-family land uses
should be located only along major arterials and not originate in mid-block;
the request is contrary to the City's Comprehensive Land Use Plan; and the
request fails to meet two of the eight conditions necessary for approval of
a Specific Use Permit. Eleven notices were mailed to property owners and
one response was received in favor. The Planning Commission recommended
denial of the request by a vote of 6 to 0.
It is recommended that this request be denied.
l i1 `I V
Karl Nollenberger
City Manager
TO: Planning Commission'and City Council
FROM: Planning Department
SUBJECT: Request for zone change from RS to RM-H and a specific
use permit to operate a beauty shop on property located
at 9925 Voth Road; scheduled for joint public hearing
on November 21, 1983.
* STAFF REPORT
GENERAL INFORMATION Q Q 9O_Z/P _
Applicant —
T. W. Atwo.od
Status cif Applicant property owner
Requested Action zone change from RS to RM-H
(Residential Multiple Family -
High Density) and specific use
permit for beauty shop
Existing Zoning RS (Residential Single Family)
Location 9925 Old Voth Road
Size 196 x 250, 1. 1 acres
Existing Land Use residential
Surrounding Zoning and Land Use north - RS, residential
east - RS (across Old Voth Rd) ,
vacant
south - RS, vacant (GSU power
line easement)
west - RS, vacant
Physical Features entire tract measures 196 x
1875 (8. 37 acres)
Comprehensive Plan Stable Area
SPECIAL INFORMATION
Public Utilities Sanitary Sewer: 10 inch line
Storm Drainage: open ditches
north to. Pine Island
Bayou
Water: 16 inch line
890-Z/P
RS to RM-H and SUP
Page 2
SPECIAL INFORMATION (cont'd) `
Streets Old Voth Road is designated
as a residential collector and
has a 60-foot right-of-way and
18-foot pavement.
Fire Protection Station #8 , 6297 Highway 105
ZONE CHANGE:
ANALYSIS
- Surrounding land use is entirely low density single family uses.
- The request is contrary to land use principles which state
that high density multi-family land uses should be located along
major arterials and not originate in mid-block.
- An approved zone change will generate similar requests in the
future in order that compatibility of land uses can be maintained.
- The request would constitute "spot zoning" in that it grants a
privilege or right to use a piece of property in a more intense
manner than is being granted similar properties in the same
vic -nity.
The request is not in accordance with the comprehensive plan.
RECO s-RTDATION
The staff recommends denial of the request. The request is based
on:
- the site is contrary to land use principles which state that high
density multi-family should be on major arterials;
- the request is contrary to the comprehensive plan.
-SUP :
ANALYSIS
See Specific Use Permit Review.
890-z/P
RS to RM-H and SUP
Page 3
RECOMMENDATION VA
Based on
Thep tisfied, the
proposed osed use fails to satisfy Conditions 1 and 8.
that all eight conditions must be sa
the requirement
staff recommends denial.
PUBLIC NOTIFICATION AND RESPONSE
Notices Mailed to Property owners 11
Responses in Favor of Request
Responses Opposed to Request
SPE=CIFIC USE PERMIT REVIEW
890-Z/P
ORDINANCE REQUIREMENTS PROPOSAL
1. Description pf processes and----=------- beauty shop, one employee
activities.
2. Boundaries of area covered by site------ eastern 196 x 250 ' , Tract
plan with dimensions. 65, W. B. Dyches Survey,
Abstract 17
3. Existing and proposed building
locations with:
- number of stories; ----------- ------ one
- height; ------------------------------ 15
gross floor area; --------------- --- 12 x 24, modular building
entrances and exits. ----------------- from Old Voth Road
4. Existing drainage locations and --------- to open ditches in Old Voth
direction of flow. Road
5. Proposed landscaping and screening ------ no proposal
I
buffers.
6. Location and dimensions of:
- curb cuts (existing and proposed) #----one at 20 feet
- public and private streets, showing --Old Voth Road: 60 ' row
rights-of-way widths;
narking and loading areas;------------parking in rear of residence
pedestrian walks; --------------------none
-- exterior lighting; -------------------no Proposal
trash' storage locations; -------------normal residential collec-
tion
7. Fences or screening provisions ----------none
showing location, type and height.
8. Sign height, location and dimensions.----none
890-Z/P
COMMONS FOR APPROVAL; A Specific Use Permit shall be issued only if
aTl of the following conditions have been found: • Ik
1) That the specific use will be compatible with and not injurious to the
use and enjoyment of other property, nor significantly diminish or
impair property values within the immediate vicinity;
Zone change to RM-H will place surrounding property owners
at a disadvantage. Future development of RS properties is
impaired until zoning pattern is made compatible.
2) That the establishment of the specific use will not impede the normal
and orderly development and improvement of surrounding vacant property;
The zoning change to RM-H will require future zone -changes.
Vacant RS property east of Old Voth Road will require similar
or less restrictive district.
3) That adequate utilities, access road, drainage and other necessary
supporting facilities have been or will be provided;
Existing utilities are adequate for service.
4) The design, location and arrangement of all driveways and parking spaces
provides for the safe and convenience movement of vehicular and pedestrian
traffic without adversely affecting the general public or adjacent
developments;
Driveways and parking are adequate.
5) That adequate nuisance prevention measures have been or will be taken
to prevent or control offensive odor, fumes, dust, noise and vibration;
Proposed use will generate none of the five environmental
nuisances.
6) That directional lighting will..be provided so as not to disturb or ad-
versely affect neighboring properties;
Proposal has no exterior lighting.
7) That there are sufficient landscaping and screening to insure harmony and
compatibility with adjacent property;
No additional landscaping proposed. Property is heavily
wooded.
8) That the proposed use is in accordance with the comprehensive plan;
The request is not in accordance with the comprehensive plan.
TO: City Council
FROM: Planning Department
SUBJECT: Summary of Planning Commission action on request for
zone change from RS to RM-H and a specific use permit to
operate a beauty shop on property located at 9925 Voth
Road (890-Z/P) ; November 21, 1983.
GENERAL INFORMATION
Applic-ant T. W. Atwood
Requc:,:2d Action zone change from RS (Residential
Single Family) to RM-H (Resi-
dential Multiple Family - High
Density) and specific use permit
for beauty shop
Location 9925 Old Voth Road
Size 196 x 250 , 1. 1 acres
PLANNING STAFF RECOMMENDATION
The staff recommended denial of the request for a zone change on
the1 --jasis that the site is contrary to land use principles which
statl, , that high density multi-family should be on major arterials
and -the request is contrary to the comprehensive plan. In addition,
the -staff recommended denial of the specific use permit on the
bass that it failed to satisfy Conditions 1 and 8.
PLANNING COMMISSION RECOMMENDATION
The Planning Commission recommended denial of the request by a
vote of 6 to 0.
.PUBLIC NOTIFICATION AND RESPONSE
Notices Mailed to Property Owners 11
Responses in. Favor of Request 1
Responses Opposed to Request 0
FILE 890-Z/P. REQUEST FOR ZONE CHANGE
RS TO RM-H AND A S.U.P. FOR A BEAUTY
,s es uro SHOP LOCATED 9925 OLD VOTH ROAD.
r
I APPLICANT: T. W. ATWOOD I
n
HURLEY 1/2 0 0
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CD
CD
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to
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RS
subject a
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AGES �' F
NO.
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 FROM RS
(RESIDENTIAL SINGLE FAMILY) DISTRICT TO RM-H
(RESIDENTIAL MULTIPLE DWELLING - HIGH DENSITY)
DISTRICT ON PROPERTY LOCATED AT 9925 OLD VOTH
ROAD; PROVIDING FOR SEVERABI-LITY; 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 30-5B thereof, is hereby amended by changing the zoning
classification from RS (Residential Single Family) District to RM-H
(Residential Multiple Dwelling - High Density) District on property
shown on Exhibit "A" attached hereto and made a part hereof for _all•
purposes, and the official zoning map of the City of Beaumont is
hereby amended to reflect such changes.
Section 2.
That in all other respects the use of the property
hereinabove described shall be subject to all of the applicable
regulations contained in Chapter 3.0 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
i
any
reas�i be held to be
should f°r portions °
circumstances► not affect the remaining p
persons or and provisions
invalidity shall portions
invalid, such various
ordinance, and to such end
the
this re declared to be severable.
of this ordinance a
Section 4 • conflict
s or p of ordinances in
That all ordinance arts the conflict only -
herewith repealed to the extent of
herewith are $ection 5 • of this
on who violates any provision
That any pets
pun as provided in Section
ce shall, upon conviction, be p Texas.
ordinance of Beaumont, this the
1_8
of the Code
of Ordinances the City of Beaumont
ASSED By THE CITY COUNCIL of
p 19� —•
day of
Mayor -
� r
2
NO '�-•
ORDINANCE NO.
ENTITLED AN ORDINANCE ISSUING A
SPECIFIC USE PERMIT FOR A BEAUTY
SHOP ON PROPERTY LOCATED AT 9925
OLD VOTH ROAD.
WHEREAS, the Planning and zoning Commission of the City of
Beaumont considered the issuance of a specific use permit for a
beauty shop on property located at 9925 Old Voth Road, Beaumont,
Jefferson County, Texas to T . W. Atwood, owner, his legal
representatives, successors, and assigns for that certain property
hereinafter described; and,
WHEREAS, the City Council is of the opinion that the
issuance of such specific use permit is in the best interest of the
City of Beaumont and its citizens, subject to the hereinafter
described conditions;
NOW, THEREFORE, BE IT ORDAINED BY THE
CITY OF BEAUMONT:
Section 1.
That all conditions necessary for issuance of a specific
use permit have been met and the specific use permit for a beauty
shop on property located at 9925 Old Voth Road, Beaumont, Jefferson
County, Texas, in accordance with Section 30-26 and Section 30-40 of
the Code of Ordinances of the City of Beaumont, as amended, is hereby
granted to T . W. Atwood, owner, his legal representatives, successors
and assigns for that certain tract described in Exhibit "A" attached
hereto and made a part hereof for all purposes.
Section 2 .
That the specific use permit herein granted is expressly`
issued for and in accordance with each particular and detail of the
site plan attached hereto as Exhibit "B" and made a part hereof for
all purposes.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the
day of ' 19
Mayor -
2 -
9.
December 2, 1983
Council Letter 184
Honorable Mayor and
Members of City Council
Subject: Request for Zone Change at 2876 Kitchner
The request for a zone change from GC-MD (General Commercial-Multiple Dwelling)
to RS (Residential Single Family) for property located at 2876 Kitchner was
considered on November 21, 1983, at a joint public hearing of the Planning
Commission and City Council . The applicant, Elvinia Mahoney, intends to con-
_ struct a new single family residence at this location.
The Planning Department staff recommended approval of the request and the
Planning Commission unanimously approved the request.
It is recommended that the request be approved.
y�� r
Karl Nollenberger U
City Manager
TO: Planning Commission and City Council
FROM: Planning Department
SUBJECT: Request for zone change from GC-MD to RS on property
located at 2876 Kitchner; scheduled for joint public
hearing on November 21, 1983.
* STAFF REPORT
GENERAL INFORMATION 893-Z_.
Applicant Elvinia Mahoney
Status of Applicant property owner
Requested Action zone change from GC-MD to RS
(Residential Single Family)
Representative Uses in RS single family dwellings, golf
courses, membership recreation
clubs, cluster housing, mobile
home park (with specific use
permit)
Purpose construct new single family
residence
Existing Zoning GC-MD (General Commercial -
Multiple Dwelling)
Locat on 2876 Kitchner
Size 124 x 113. 5, 0. 2 acre
Existing Land Use vacant
Surrounding Zoning and Land Use north - GC-MD, vacant
east - GC-MD, vacant
south - GC-MD, residential
west - (across Kitchner) GC-MD,
vacant
Physical Features property exceeds minimum RS
lot size
Comprehensive Plan Stable Area
Page 893-Z
GC-MD to RS
Page 2
SPECIAL INFORMATION
Public Utilities Sanitary Sewer: 6 inch line
Storm Drainage: open ditch to
north
Water: 6 inch line
Streets Kitchner is designated as a
local street and has a 40-font
right-of-way and 14-foot pave-
ment.
Fire Protection Station #2, Wilson and Ironton
ANALYSIS
Surrounding land uses demonstrate that existing GC-MD zoning is
inappropriate at the subject location.
The request will create no adverse effects on surrounding land
owners.
The request is in accordance with the comprehensive plan.
Kitchner is a local street with no commercial uses.
RECOMMENDATION r
The staff recommends approval of the request. The recommendation
is based on:
- Kitchner is a local residential street;
- surrounding land uses are contrary to GC-MD zoning; and
- the request is in accordance with the comprehensive plan.
PUBLIC NOTIFICATION AND RESPONSE
Notices Mailed to Property Owners 17
Responses in Favor of Request
Responses Opposed to Request
TO: City Council
FROM: Planning Department
SUBJECT: Summary of Planning Commission action on request for zone
change from GC-MD to RS on property located at 2876
Kitchner (893-Z) ; November 21, 1983.
GENERAL INFORMATION
Applicant Elvinia Mahoney
Requested Action zone change from GC-MD (General
Commercial - Multiple Dwelling)
to RS (Residential Single
Family)
Purpose construct new single family
residence
Location 2876 Kitchner
Size 124 x 113. 5, 0. 2 acre
PLANNING STAFF RECOMMENDATION =
The staff recommended approval of the request on the basis that
Kitchner is a local residential street, surrounding land uses are
contrary to the GC-MD zoning and the request is in accordance with
the comprehensive plan.
PLANNING COMMISSION RECOMMENDATION
The Planning Commission recommended approval of the request by a
vote of 6 to 0.
PUBLIC NOTIFICATION AND RESPONSE
Notices Mailed to Property Owners - 17
Responses in Favor of Request 2
Responses Opposed to Request 1
FILE 893-Z. REOUEST FOR ZONE CHANGE
GC-t1D TO RS DISTRICT LOCATED {
2 - _
6,9 ce as • I 2876 KITCHNER.?I AOrR
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' f V
NO-
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 FROM
GC-MD (GENERAL COMMERCIAL - MULTIPLE DWELLING)
DISTRICT TO RS (RESIDENTIAL SINGLE FAMILY)
DISTRICT ON PROPERTY LOCATED AT 2876 KITCHNER;
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 30-5B thereof, is hereby amended by changing the zoning
classification from GC-MD (General Commercial - Multiple Dwelling)
District to RS (Residential Single Family) District on property
located at 2876 Kitchner, as shown on Exhibit "A" attached hereto and
made a part hereof for all purposes, and the official zoning map of
the City of Beaumont is hereby amended to reflect such changes.
Section 2.
That in all other respects the use of the property
hereinabove described shall be subject to all of the applicable
regul-ations 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
day of 19
Mayor -
doom
- 2 -
10.
December 2, 1983
Council Letter 171
Honorable Mayor and
Members of City Council
Subject: Request for Zone Change on East Side of Major Drive
A request from Karl Kohler for a zone change from RS (Residential Single
Family) to RM-H (Residential Multiple Family High-Density) for property
located 1,300 feet south of Gladys on the east side of Major Drive was re-
viewed at the joint public hearing of the Planning Commission and City Council
on November 21, 1983. The Planning staff recommended approval of the request
on the basis that the request is consistent with land use principles for
locating high-density multiple family zoning on major arterials; utilities
are adequate, and the request is consistent with the Comprehensive Plan.
One response opposed to the request was received out of the 13 notices mailed
to property owners. The Planning Commission recommended approval of the
request by a vote of 5 to 0.
It is recommended that this request be approved.
a-"-k 1 otu
Karl Nollenberger
City Manager
TO: Planning Commission and City Council
FROM: Planning Department
SUBJECT: Request for zone change from RS to RM-H for property
located 1300 feet south of Gladys on the east side
of Major Drive; scheduled for joint public hearing
on November 21, 1983.
* STAFF REPORT
GENERAL INFORMATION 896-Z
Applicant Carl Kohler
Status of Applicant engineer for owner, Sam C.
Parigi , Jr.
Requested Action zone change from RS to RM-H
(Residential Multiple Family-
High Density)
Representative Uses in RM-H single family dwellings,
two family dwellings , multi-
family dwellings, cluster
housing, home occupations
Purpose apartment development
Existing Zoning RS (Residential Single Family)
Location 1300 feet south of Gladys on
the east side of Major Drive
Size 6. 9 acres (250 x 1200)
Existing Land Use vacant
Surrounding Zoning and_Land Use north - RM-H, townhomes
east - RS, 75-foot drainage
ditch
south - RS, single family
west - (across Major) RM-H;
apartments
Physical Features eastern boundary is drainage
easement
Comprehensive Plan Stable Area
File 896-Z
RS to RM-H
Page 2
SPECIAL INFORMATION
Sanitary Sewer: 54 inch line
Public Utilities in Major
Storm Drainage: to Drainage
District #6 ditch on
east
Water: 24 inch line in Major
Streets Major Drive is designated as _
a major arterial and has a30-
150-foot right-of-way
foot pavement.
Fire• Protection Station #9 , 7010 Gladys
ANALYSIS
The request is consistent with the land use principle which
states that high density multi-family should be located along
major streets.
Existing utilities are adequate to support multi-family develop-
ment.
The subject property is bordered by RM-H zoning to the north '
and west.
The request is in accordance with the comprehensive plan.
RECOMMENDATION
The staff recommends approval of the request. Approval is based
on:
the request is consistent with land use principles for locating
high density multi-family on major arterials ;
- utilities are adequate; and
- the request is consistent with the comprehensive plan.
PUBLIC NOTIFICATION AND RESPONSE
FMailed to Property Owners 13
es in Favor of Request
Responses Opposed to Request
TO:
City Council
Planning Department
FROM: action on request or
of Planning C' RM-H on located
• Summary g for property Drive
SUBJECT• e. from RS to Rt side of Major
zone Chang f Gladys on the east
feet southo enber 21, 1983'
,,96-Z) ;
GENERAL INFORMATION
Carl Kohler
Applicant a from RS (Resi-
zone Chang le Family) to
dential Sing
Requested Action a (Residential Multiple
Family - High Density)
apartment development
Purpose 1300 feet south of Gladys on
Location the east side of Major Drive
6 .9 acres (250 x 1200)
Size
PLANNING STAFF RECOMMENDATION
royal of the request on the basis that
principles for locating
The staff recommended approval
arterials, utilities are plan.
the request is consistent with use P the comprehensive p
high density multi-f
q
uate, and the request is consistent with
PLANNING COMMISSION RECONDATION
royal of the request by a
aPP
The Planning Commission recommended
vote of5to0.
PUBLIC NOTIFICATION AND RESPONSE
Notices Mailed to Property Owners 13
Request
0
Responses in Favor of Req 1
Responses Opposed to Request
FILL 896-Z. REQUEST FOR ZONE CHANGE
RS TO RTT7- ON PROPERTY LOCATED 1300
• -- FEET SO\ OF GLADYS ON-MAJOR-DR.
-
�_
PLLC NT;RP q CARL KOHLER
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1 1 , r I •,. SHENANDOAH « » •. •• \ h `
At
51WIL of
It 411b
NO ��
ORDINANCE NO.
f
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 FROM RS
(RESIDENTIAL SINGLE FAMILY) TO RM-H (RESIDENTIAL
MULTIPLE DWELLING - HIGH DENSITY) DISTRICT ON
PROPERTY LOCATED ON THE EAST SIDE OF MAJOR
DRIVE APPROXIMATELY 1300 FEET SOUTH OF GLADYS;
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 30-5B thereof , is hereby amended by changing the zoning
classification from RS (Residential Single Family) District to RM-H
(Residential Multiple Dwelling-High Density) District on property as
shown on Exhibit "A" attached hereto and made a part hereof for all ,
purposes, and the official zoning map of the City of Beaumont is
hereby amended to reflect such changes.
Section 2 .
That in all other respects the use of the property
hereinabove described shall be subject to all of the applicable
regulations contained in Chapter 30 of the Code of Ordinances of
Beaumont, Texas, as amended.
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
day of 19
Mayor -
- 2 -
14
11.
December 2, 1983
Council Letter 183
Honorable Mayor and
Members of City Council
hange and a Specific Use Permit at 695 Chamber-
Subject: Request for Zoning C
lin
he re uest for a zoning change from R-3 (Modifiend theFissuance lofpaeSpecific g)
T 4
to GC-MD (General Commercial-Multiple Dwelling a
Use Permit for property located at 695 Chamberlin was considered at a joint
_
public hearing of the Planning Commission and the City Council on
vember 21st.
The applicant, John Palumbo, made the requests
food sales warehouse.
The Planning staff recommended approval of the zone change on the basis that
GC-MD (General Commercial-Multiple Dwelling) will act as a buffer. The staff
also recommended that the Specific Use Permit be approved as all the eight
conditions required were met. The Planning Commission concurred in the recom-
mendation of the requests.
It is recommended that the requests be approved.
Karl Nol 1 enberger
City Manager
r
TO: Planning Commission and City Council
FROM: Planning Department
SUBJECT: Request for zone change from R-3 to GC-MD and a specific
use permit to establish a snack food sales warehouse at
695 Chamberlin; scheduled for joint public hearing on
November 21, 1983.
* STAFF REPORT
GENERAL INFORMATION V 9 V+Z/p
Applar�nt John F. Palumbo
Stag:= of Applicant prospective buyer
Requested Action zone change from R-3 to GC-MD
(General Commercial - Multiple
Dwelling) and a specific use
permit
Purpose establish a snack food sales
warehouse
Existing Zoning R-3 (Modified Two Family and
Multiple Dwelling)
Locar;on 695 Chamberlin
Size 100 x 399 , 0. 91 acres
Existi:ig Land Use vacant
Surrounding Zoning and Land Use north - R-3, commercial
east - HI , scrap metal salvage
yard
south - GC-MD, commercial
west - (across Chamberlin) R-3,
` single family residence
Physical Features 100 feet of frontage
Comprehensive Plan Stable Area
SPECIAL INFORMATION
Public Utilities Sanitary Sewer: 8 inch line
Storm Drainage: open ditch in
Chamberlin
Water: 2 inch line
898-Z/P
R-3 to GC-MD and SUP
Page 2
SPECIAL INFORMATION (cont'd)
Streets Chamberlin is designated as
a local street and has a 60-
foot right-of-way and 18-foot
pavement.
Fire Protection Station #6 , 1155 Glendale
ZONE CHANGE:
ANALYSIS
- Although Chamberlin is a local street it carries commercial
traffic from Maitland on the north and College on the south.
This forces residential traffic from Chamberlin to be at a
disadvantage.
- Uses in a more restrictive district (RM-H, RM-M, RS) would suf-
fer detrimental environmental effects (noise, fumes , vibrations)
of light and heavy industrial uses to the east and north.
- The eight R-3 zoned lots on Chamberlin exceed GC-MD minimum
area requirement.
- GC-MD zoning will allow development of commercial uses of a
lesser intensity than those allowed in LI or HI districts.
This is consistent with the comprehensive plan.
- All of the other effects of commercial development are already
present. A change to GC-MD would not have a marked change in
existing use patterns.
- The request for GC-MD is in accordance with the comprehensive
plan.
RECOMMENDATION
The staff recommends approval of the request for GC-MD. Recommenda-
tion is based on:
- GC-MD will buffer land uses on Chamberlin; and
- a change to GC-MD is consistent with the comprehensive plan.
i
• a��a—z/P
R-3 to GC-MD and SUP
Page 3
SUP:
ANALYSIS
See Specific Use. Permit Review.
RECOMMENDATION
Staff recommends approval of the specific use permit based on the
applicant' s compliance with the eight conditions necessary for
approval.
PUBLIC NOTIFICATION AND RESPONSE
Notices Mailed to Property Owners 11
Responses in Favor of Request.
Responses Opposed to Request
SPECIFIC USE PERMIT REVIEW
898-2;/P
ORDINANCE REQUIREMENTS
. PROPOSAL
- office and warehouse for
1 Description of processes and--"'----- snack food distributor;
activities. 3 salesmen; Monday-Friday,
7-8 a.m. and 1-3 p.m.
area covered by site Lot 8 , Block 4 , Caldwood
=B,'%�dwai ies of a Acres, 100 x 393, 0. 91
th dimensi ons. acre
3. Existing and proposed building
locations with: one
- number of stories;
_______________ 14 feet
height; ------------- -------------- 3000 sq. ft.
�- gross floor area; -' __-
__ -- from Chamberlin
- entrances and exits. -'-"'----
r4 . Existing drainage locations and ---'-'-
-- to open ditch in Chamberlin
direction of flow.
app i.cant s ows natural
5. Proposed landscaping and screening tree line on southern
buffers. property line
6. Location and dimensions of:
- curb cuts (existing
and proposed) $" --two at 12' each
- public and private streets, showing --Chamberlin: 60 ' right-of-
rights-of-way widths; way; 181 pavement
- narking and loading
areas;------------
--- - parking for 6 cars
__ none
- pedestrian walks; - -' _____security light at front and
-- exterior lighting; --- ---- rear
- trash storage locations; --
_______none
'7, Fences or screening provisions -- --none
- showing location, type and height.
8. Sign height, location and dimensions.----none
898-Z/P
CONDITIONS FOR APPROVAL: A Specific Use Permit shall b
a 1 o e o lowing conditions have beep found; a issued only if
1) That the specific use will be compatible with and not
inurious
use and enjoyment of other property, nor significantly diminish or the
impair property values within the -immediate vicinity;
Surrounding residentially developed area will be partial
buffered from HI use east of Chamberlin. partially
will be considered for rezoning thin6 m months
properties
improve property values. - this will
2) That the establishment of the specific use will not impede
and orderly development and improvement of surrounding vacante ropert
Surrounding vacant T.ropert Property;
effects. y. zoned GC-MD will feel no adverse
Abutting lot to north is owned by applicant's
seller.
3) That adequate utilities, access road, drainage and other n
supporting facilities have been or will be provided; ecessary
Existing utilities and drainage are adequate for proposed
use.
4) The design, location and arrangement of all driveways and
provides for the safe and convenient movement of vehicular pand�nedestria
traffic without adversely affecting the general p pedestrian
developments; public or adjacent
Parking and driveway area meets requirements.
5) That adequate nuisance prevention measures have been or Will
to prevent or control offensive odor, fumes, dust, noise and be tto
None of the five environmental nuisances are associatedn;
with the proposed use.
6) That directional lighting -will be provided s
versely affect neighboring o as not to disturb or ad-
properties;
Security"lighting will be located above front and rear
entrances. Neighboring properties will not be adversely
versel Y
7) That there are sufficient landscaping and screenin
compatibility with adjacent property; 9 to insure harmony and
Proposed landscaped area shown on site plan is adequate
for proposed use. q to
8) That the proposed use is in accordance with
The request is in accordance with the hcomm plan;
comprehensive ensive plan.
TO: City Council '
FROM: Planning Department
SUBJECT: Summary of Planning Commission action on request for
zone change fa°snack food Csalesn specific
to establish
warehouse at 695 Chamber-
lin (898-Z/P) ; November 21, 1983
GENERAL INFORMATION
Applicant John F. Palumbo
Rer,-Qsted Action, zone change from R-3 (Modified
Two Family and Multiple
Dwelling) to GC-MD (General
Commercial - Multiple Dwelling)
and a specific use permit to
establish a snack food sales
warehouse
Location 695 Chamberlin
Size 100 x 399 , 0.91 acres _^
PLANNING STAFF RECOMMENDATION
The staff recommended approval of the request for GC-MD on
'the basis that GC-MD will buffer land uses on Chamberlin and a
change to GC-MD is consistent with the comprehensive plan. Staff
recommended approval of the specific use permit on the basis that
the applicant- has complied with the eight conditions necessary for
specific use permit approval.
PLANNING COMMISSION RECOMMENDATION
FThe tPlanning commission recommended approval of the request by a
e of 5 to 0.
PUBLIC NOTIFICATION AND RESPONSE
Notices Mailed -to Property Owners 11
Responses in Favor of Request 2
Responses Opposed to Request 0 _
ALE 898-Z/P. REQUEST FOR ZONE ChkH ,
- AND A S.U.P. FOR A CFFIC
r= • AND RETAIL WA
REHOUSE LOCATED 695
CHAMBERLIN.
APPLICANT; ANTHQNY F. PALUMB0
n
11/200
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COLLEGE t
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NO-
ORDINANCE NO.
ENTITLED AN ORDINANCE- AMENDING QHAPTER 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 FROM R-3
(MODIFIED TWO FAMILY AND MULTIPLE DWELLING)
DISTRICT TO GC-MD (GENERAL COMMERCIAL - MULTIPLE
DWELLING) DISTRICT ON PROPERTY LOCATED AT 695
CHAMBERLIN; 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 30-5B thereof, is hereby amended by changing the zoning
classification from R-3 (Modified Two Family and Multiple Dwelling)
District to GC-MD (General Commercial-Multiple Dwelling) District on
pronP, 3,-y located at 695 Chamberlin, as shown on Exhibit "A" attached
here-,-C, and made a part hereof for all purposes, and the official
:>1- ' -inap of the City of Beaumont is hereby amended to reflect such
chanyes.
Section 2 .
That in all other respects the use of the property
hereinabove described shall be subject to all of the applicable
regulations contained in Chapter 30 of the Code of Ordinances of
Beaumont, Texas, as amended.
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 ai-ty 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
ordinancc 0-hall, upon conviction, be punished as provided in Section
1-8 of -'a Code of Ordinances of Beaumont, Texas.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the
day of 19
- Mayor -
' - 2 -
,..J'R-.FT-,_,t✓[�.�� ilk L... k_.. ft''
NO.--.-----'�`�---
i
ORDINANCE NO.
ENTITLED AN ORDINANCE ISSUING A
SPECIFIC USE PERMIT TO ESTABLISH
OFFICES AND A PRODUCT STORAGE
WAREHOUSE ON PROPERTY LOCATED AT
695 CHAMBERLIN.
WHEREAS, the Planning and Zoning Commission of the City of
Beaumont considered the issuance of a specific use permit to
establish offices and a product storage warehouse on property located
at 695 Chamberlin, Beaumont, Jefferson County , Texas, to John F .
Palumbo, purchaser, his legal representatives, successors, and
assigns for that certain property hereinafter described; and,
WHEREAS, the City Council is of the opinion that the
issuance of such specific use permit is in the best interest of the
City of Beaumont and its citizens, subject to the hereinafter
described conditions;
NOW, THEREFORE, BE IT ORDAINED BY THE —
CITY OF BEAUMONT:
Section 1.
That all conditions necessary for issuance of a specific
use permit have been met and a specific use permit to establish
offices and a product storage warehouse- on .property located at 695
Chamberlin, Beaumont, Jefferson County , Texas, in accordance with
Section 30-26 and Section 30-40 of the Code of Ordinances of the City
of Beaumont, as amended, is hereby granted to John F. Palumbo,
purchaser, his legal representatives, successors and assigns for that
certain tract described on Exhibit "A" attached hereto and made a
part hereof for all purposes.
Section 2 .
That the specific use permit herein granted is expressly
issued for and in accordance with each particular and detail of the
site plan attached hereto as Exhibit "B" and made a part hereof for
all purposes.
PASSED BY THE CITY COUNICIL of the City of Beaumont this the
day of 19
Mayor -
2 -
12.
December 2, 1983
IA
Council Letter 175
Honorable Mayor and
Members of City Council
Subject: Request for Zone Change and Specific Use Permit at 8450 Highway 105
A request by Mark Busceme for a zone change from RM-M (Residential Multiple
Family-Medium Density) to RM-M (Residential Multiple Family-High Density) and
a Specific Use Permit at 8450 Highway 105 was reviewed on November 21, 1983,
at the joint public hearing of the Planning Commission and City Council .
The Planning staff recommended approval of the request for the zoning change
on the basis that utilities are adequate and the request is consistent with
the comprehensive plan. Approval of the Specific Use Permit was made on the
basis that the applicant satisfied the eight conditions necessary for
Specific Use Permit approval . The Planning Commission recommended approval of
the request by a vote of 6 to 0.
It is recommended that this request be approved.
�- ,Q_t4
Karl Nollenberger
City Manager
TO:
Planning Commission and City .Council
FROM: Planning Department
SUBJECT: Request for zone change from RM-M to RM-H and a specific
use permit to establish a horticultural landscaping and
retail sales business on property located at 8450 Highway
105; scheduled for joint public hearing on November 21,
1983.
* STAFF REPORT
GENERAL INFORMATION 89 1 _Z/P.
Applicant Mark Busceme
Status of Applicant prospective leasee; owner is
Don Streety
Requested Action 1. zone change from RM-M to
RM-H (Residential Multiple
Family - High Density)
2. specific use permit for
horticultural specialties
and retail sales
Existing Zoning RM-M (Residential Multiple _
Family - Medium Density)
.. Location 8450 Highway 105
Size 1. 04 acres
Existing Land Use vacant
Surrounding Zoning and Land Use north
- RSandvac vacant
ant
south - (across -Highway 105) R3,
single family
west - RM-M, vacant
Physical Features 130 feet of frontage on Highway
105
Comprehensive Plan Neighborhood Growth Unit
891-L/P
RM--M to RM-H and SUP
Page 2
SPECIAL INFORMATION
Public Utilities Sanitary Sewer: 6 inch line in
Highway 105
Storm Drainage: to open ditches
in Highway 105 then east
Water: 8 inch line in Highway
105
Streets Highway 105 is designated as
a major arterial and has a
120-foot right-of-way and 40-
foot pavement.
Fire Protection Station #8, 6297 Highway 105
ZONE CHANGE :
ANALYSIS
- The request is consistent with land use principles which state
that high density multi-family uses should be located along
major arterials .
- Utilities are adequate for possible high density multi-family
uses.
The request is consistent with the comprehensive plan.
RECOMMENDATION
Staff recommends approval of the request for RM-H. The recommenda-
tion is based on:
- utilities are adequate; and
- request is consistent with comprehensive plan.
SUP:
ANALYSIS
LSee-Specific Use Permit Review.
RECOMMENDATION
Staff recommends approval of the request based on the applicant 's
compliance with the eight conditions necessary for specific use
permit approval.
. 891-Z/p
RM-M to RM N and SUP-
Page 3
PUBLIC NOTIFICATION AND RESPONSE -
�
Notices Mailed to Property Owners
Responses in Favor of Request
Responses Opposed to Request
SPECIFIC USE PERMIT REVIEW
891_Z/F'
ORDINANCE REQUIREMENTS
PROPOSAL ••
processes and----'- ---retail plant nursery: Dela-
l. DE_scription of p ware Gardens; 9 a.m.-6 p.m. ;
activities. 7 days; 4 full-time employees ;
2 part-time
2. Boundaries of area covered by site------127 x 360 ; 1.04 acres
plan with dimensions.
3. Existing and proposed building
locations with: 2 single story
- number of stories; ----'
-----
---26 feet
-• height; ------------ 60 x 40 greenhouse
-• gross floor area; ----' 30 x 30 main building 105
-- entrances and exits. ----
____---------entrance/exit from Hwy.
-south to open ditch in
4. Existing drainage locations and -------- Highway 105
direction of flow-
5. roposed landscaping and screening ening - no proposal
buffers.
6. Location and dimensions of: 2 at 20 feet each
- curb cuts (existing
and proposed)'--
- public and private streets , showing --Hwy. 105 : 120 ' row, 40 '
rights-of-way widths; pavement
areas;------------9 parking spaces
parking and loading 4ft. at main building
- pedestrian walks; ----------
-- 6ft. at rear
-- exterior lighting; -------------------* (see below)
- trash storage locations; ----
------6 x 4 trash bin
c a in wi pane 4
�. Fences or screening provisions ----------weave surrounding rear;
showing location, type and height. wooden rail fence on front
and s and w st sides
8. Sign height, location and dimensions.---- 12 ft. cat frxnt center
s and at front entrance
*flood lamps above outdoor display area
891-Z/P
(CONDITIONS FOR APPROVAL: A Specific Use Permit shall be issued only if
all of the following conditions have been found:
FA
1) That the specific use will be compatible with and not injurious to the
use and enjoyment of other property, nor significantly diminish or
impair property values within the immediate vicinity;
Residential uses south of Highway 105 have over 200 feet of
separation. The proposed nursery is low intensity use which
is not characteristically injurious to enjoyment of resi-
dential properties.
2) - That the establishment of the specific use will not impede the normal
and orderly development and improvement of surrounding vacant property;
Surrounding vacant properties are zoned RM-M. Proposed
nursery will not impede multi-family development.
3) That adequate utilities, access road, drainage and other necessary
supporting facilities have been or will be provided;
Existing utilities are adequate for proposed use.
-4) - The design, location and arrangement of all driveways and parking spaces
provides for the safe and convenient movement of vehicular and pedestrian
traffic without adversely affecting the general public or adjacent
developments;
Driveways and parking satisfy ordinance requirements.
5) That adequate nuisance prevention measures have been or will be taken
to prevent or control offensive odor, fumes, dust, noise and vibration;
Proposed use does not generate any of the five environmental
nuisances.
6) That directional lighting will be provided so as not to disturb or ad-
versely affect neighboring properties; _
Proposed outdoor security lighting will not affect neighboring
properties.
7) That there are sufficient landscaping and screening to insure harmony and
compatibility with adjacent property;
Applicant' s alternative fencing is adequate screening for
nursery use. Additional landscaped buffer is unnecessary.
8) That the proposed use is in accordance with the comprehensive plan;
Retail plant nurseries are allowed in RM-H district with
specific use permit. Request is in accordance with compre-
hensive plan.
PTO: City Council
FROM: Planning Department
SUBJECT: Summary of Planning Commission action on request for zone
change from RM-M to RM-H and a specific use permit to
establish a horticultural landscaping and retail sales
business on property located at 8450 Highway 105 (891-Z/P) ;
November 211 1983.
GENERAL INFORMATION
Applicant Mark Busceme
Requested Action zone change from RM-M (Resi-
dential Multiple Family -
Medium Density) to RM-H (Resi-
dential Multiple Family - High
Density) and a specific use
permit for horticultural
specialities and retail sales
Location 8450 Highway 105
Size 1. 04 acres
PLANNING STAFF RECOMMENDATION
The staff recommended approval of the request for the zone change
on the basis that utilities are adequate and the request is con-
sistent with the comprehensive plan. Staff recommended approval ,
of the specific use permit on the basis that the applicant satis-
fied t:.e eight conditions necessary for specific use permit approva? .
PLANNING COMMISSION RECOMMENDATION
The Planning Commission recommended approval of the request by a
vote of 6 to 0. _j
PUBLIC NOTIFICATION AND RESPONSE
F tices Mailed "to Property Owners 7
sponses in Favor of Request 1
Responses Opposed to Request 0
LL 6,1`L/ �4 L i 'JA LOI'.L
RM-H TO RM-H�DISTRICT AND A S.U.P. '
ON 1.04 ACRE LOCATED 8450 HIGHWAY 105.
APPLICANT: MARK BUSCEME
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NO- �R !!sm
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 FROM
RM-M (RESIDENTIAL MULTIPLE DWELLING - MEDIUM
DENSITY) DISTRICT TO RM-H ( RESIDENTIAL MULTIPLE
DWELLING - HIGH DENSITY) DISTRICT ON PROPERTY
LOCATED AT 8450 HIGHWAY 105; 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 30-5B thereof, is hereby amended by changing the zoning
classification from RM-M (Residential Multiple Dwelling - Medium
Density) District to RM-H (Residential Multiple Dwelling - High
Density) District on property located at 8450 Highway 105, as shown, 1
on Exhibit "A" attached hereto and made a part hereof for all
purposes, and the official zoning map of the City of Beaumont is
hereby amended to reflect such changes.
Section 2.
That in all other respects the use of the property
hereinabove described shall be subject to all of the applicable
regulations contained in Chapter 30 of the Code of Ordinances of
Beaumont, Texas, as amended.
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
day of 19
- Mayor -
2 -
ORDINANCE NO.
ENTITLED AN ORDINANCE FOR THE ISSUANCE OF
A SPECIFIC USE PERMIT TO ESTABLISH A
HORTICULTURAL LANDSCAPING AND RETAIL
SALES BUSINESS ON PROPERTY LOCATED AT
8450 HIGHWAY 105.
WHEREAS, the Planning and Zoning Commission of the City of
Beaumont considered the issuance of a specific use permit to
establish a horticultural landscaping and retail sales business on
property located at 8450 Highway 105, Beaumont, Jefferson County,
Texas, to Mark Busceme, lessee, his legal representatives,
successors, and assigns for that certain property hereinafter
described; and,
WHEREAS, the City Council is of the opinion that the
issuance of such specific use permit is in the best interest of the
City of Beaumont and its citizens, subject to the hereinafter
described conditions;
NOW, THEREFORE, BE IT ORDAINED BY THE
CITY OF BEAUMONT:
Section 1.
That all conditions necessary for issuance of a specific
use permit have been met and a specific use permit to establish a
horticultural landscaping and retail sales business on property
located at 8450 Highway 105, Beaumont, Jefferson County, Texas, in
accordance with Section 30-26 and Section 30-40 of the Code of
Ordinances of the City of Beaumont, as amended, is hereby granted to
Mark Busceme, lessee, his legal representatives, successors and
that certain tract described Exhibit A attached ,
hereof for all purposes*
assigns for
• hereto and made a Part
S�i°!' eXpressly
use permit herein granted is
the specific u detail of
the
That with each particular and
red for and in accordance
art hereof for
issued hereto
as Exhibit "B" and made a P
site plan attached her
a 1,L purposes. COUNCIL of
tl�e City of Beaumont this the
PASSED BY THE CITY
day of
Mayor _
2
r
13.
December 2, 1983
Council Letter 181
Honorable Mayor and
Members of City Council
Subject: Request for Zoning Change on 10-Acre Tract on Walden Road
The request for a zoning change on Walden Road from AR (Agricultural Resi-
dential) to LI (light Industrial) on a 10-acre tract located approximately
3,300 feet west of I-10 and the Walden Road intersection was considered on
November 21, 1983 at a joint public hearing of the Planning Commission and
City Council . The applicant, John Felton, has made the request in order to
construct an operations center for Drainage District 6.
The Planning Department recommended approval and the Planning Commission
unanimously endorsed the request.
It is recommended that the request be approved.
Karl Nollenberger
City Manager
TO: Planning Commission and City Council
Planning Department
FROM: 9
P
SUBJECT: Request for zone change from AR to LI on a 10-acre
tract located approximately 3300 feet west of I-10 South
on the north side of Walden Road; scheduled for joint
public hearing on November 21, 1983.
* STAFF REPORT
GENERAL INFORMATION 895-Z
Applicant John H. Felton
Status of Applicant agent for owner J. C. Chance,
Jr.
Requested Action zone change from AR to LI
(Light Industrial)
Representative Uses in LI veterinary services , land-
scaping services, oil and gas
extraction, building construc-
tion contractors , metalworking:
machinery and equipment, con-
crete, gypsum, and plastic
product manufacturers
Purpose office, operations and vehicle
maintenance center for county
drainage utility
Existing Zoning AR (Agricultural Residential)
Location approximately 3300 feet west
of I-10 South on the north side
of Walden Road
Size 1244 x 350 , approximately 10
acres
Existing Land Use north - AR, vacant
east - AR, vacant
south - AR, vacant
west - AR, vacant
Physical Features drainage easement forms part
of northern boundary of tract
Comprehensive Plan Industrial
895-Z
AR• to LI
Page 2
SPECIAL INFORMATION
Public Utilities Sanitary Sewer: 72 inch line
Storm Drainage: to drainage
ditch near eastern
property line
Water: 12-inch line
Streets Walden Road is designated as
a major arterial and has a
60-foot right-of-way and 24-
foot pavement.
Fire Protection Station #10, 3855 Washington
ANALYSIS
- Subject property is a 10-acre tract with 350 feet of frontage
on Walden. A drainage ditch forms a portion of the northern
boundary.
- Existing utilities in Walden Road are adequate for the proposed
use.
- The applicant' s site will establish the western boundary of a
major industrial area of the comprehensive plan and is in
compliance with the plan.
RECOMMENDATION
,.staff recommends approval of the request based on:
C
existing utilities are adequate for proposed use; and
the request is in compliance with the comprehensive plan.
PUBLIC-NOTIFICATION AND RESPONSE
Notices Mailed to Property Owners 6
Responses in Favor of Request
Responses Opposed to Request
TO: City Council
FROM: Planning Department
SUBJECT: Summary of Planning Commission action on request for
zone change from AR to LI on a 10-acre tract located
approximately 3300 feet west of I-10 South on the north
side of Walden Road (895-Z) ; November 21, 1983.
GENERAL INFORMATION
Applicant John H. Felton
Requested Action zone change from AR (Agri-
cultural Residential) to LI
(Light Industrial) -
Purpose office, operations and vehicle
maintenance center for county
drainage utility %
Location approximately 3300 feet west
of I-10 South on north side
of Walden Road
Size 1244 x 350 , approximately •10
acres
PLANNING STAFF RECOMMENDATION
The staff recommended approval of the request on the basis that
existing utilities are adequate for proposed use and the request
is in accordance with the comprehensive plan.
PLANNING COMMISSION RECOMMENDATION
The Planning Commission recommended approval of the request by a
vote of 5 to 0.
PUBLIC NOTIFICATION AND. RESPONSE
Notices Mailed to Property Owners 6
Responses in Favor of Request letter containing 6 signatures
Responses Opposed to Request 1
_,�..�__._:...,_._.. _._ _- - '- •__..._. .. __. t 1 L L
TR-M-U-ON PROPERTY LOCATED 3300
FEET W. OF I-10 ON N. OF WALDEN ROAD
APPLICANT: JOHN H. FELTON
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ORDINANCE NO. E
1
ENTITLED AN ORDIN"CE 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 FROM AR
(AGRICULTURAL RESIDENTIAL) DISTRICT TO LI ( LIGHT t
INDUSTRIAL) DISTRICT ON PROPERTY LOCATED
APPROXIMATELY 3300 FEET WEST OF I-10 SOUTH ON
THE NORTH TYDEPROVIDING WALDEN
FORAREPEAL ANDPROVIDING
PROVIDING
SEVERABILI ±;
A PENALTY. k
t
BE IT ORDAINED BY THE CITY OF BEAUMONT: j
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 30-5B thereof , is hereby amended by changing the zoning
classification from AR (Agricultural Residential) District to LI
( Light Industrial) District on property as shown on Exhibit "A"
attached hereto and made a part hereof for all purposes, and the
official zoning map of the City of Beaumont is hereby amended to
reflect such changes.
Section 2.
That in all other respects the use of the property
hereinabove described shall be subject to all of the applicable
regulations contained in Chapter 30 of the Code of Ordinances of
Beaumont, Texas, as amended.
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 E
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 . j
That any person who violates any provision of this
s
ordinance shall, upon conviction, be punished as provided in Section
1-8 of the Code of Ordinances of Beaumont, Texas.
i
PASSED BY THE CITY COUNCIL of the City of Beaumont this the
day of 19 '
i
P
i
S
F
Mayor - {
i
- 2 -
14.
December 2, 1983
Council Letter 182
Honorable Mayor and
Members of City Council
Subject: Request for Zoning Change at 1145 Park Street
The request for a zone change from LI (Light Industrial ) to GC-MD (General
Commercial-Multiple Dwelling) for property located at 1145 Park Street was
considered on November 21, 1983, at a joint public hearing of the Planning
Coinmission and the City Council . The applicant, Clifford Wells, requested
the change in order to replace apartments already existing at this location.
The Planning Department recommended approval on the basis that existing
zoning does not reflect development and the request is consistent with the
Comprehensive Plan.
It is recommended that the request be approved.
14 r
Karl Nollenberger
City Manager
TO: Planning Commission and City Council
FROM: Planning Department
SU13JECT: Request for zone change from LI to GC-MD on property
located at 1145 Park Street; scheduled for joint public
hearing on November 21, 1983.
* STAFF REPORT
GENERAL INFORMATION 889-Z
Applicant Clifford Wells
Status of Applicant property owner
Requested Action zone change from LI to GC-MD
(General Commercial - Multiple
Dwelling)
Representative Uses in GC-MD banks, ulti-family, auto repair,
offices, used car lots, hotels,
department stores and restaurants
Purpose replace existing apartments
Existing Zoning LI (Light Industrial)
Lor,aLiva 1145 Park Street -
Si;t 50 x 150 , 0. 17 acre
Ex:ibt-inn Land Use 6-unit apartment house
Surrounding Zoning and Land Use north - LI, professional offices
east -- LI, professional offices
south - LI , professional offices
west - LI , professional offices
Physical Features two-story apartment house
Comprehensive Plan Central Business District
SPECIAL INFORMATION
Public Utilities Sanitary Sewer: 6 inch line
Storm Drainage:. underground
storm sewer in Park
Water: 12 inch line
File 889-Z
LI to GC-MD
Page 2
SPECIAL INFORMATION (cont'd)
Streets Park is designated as an
arterial and has a 60-foot
right-of-way and 40-foot
pavement.
Fire Protection Station #1, 875 College
ANALYSIS
The applicant/property owner wishes to remodel the existing
apartment house.
Existing zoning is contrary to developed land uses.
GC-MD zoning is consistent with commercial uses in CBD area.
The staff supports development efforts which seek improved
:housing in and around the CBD area.
The request is consistent with the comprehensive plan.
RECOMMENDATION
The staff recommends approval of the request. The recommendation
is ]based on:
existing zoning does not reflect development; and
°- the request is consistent with the comprehensive plan.
PUBLIC NOTIFICATION AND RESPONSE
F ices Mailed to Property Owners 14
Responses in Favor of Request
Responses Opposed to Request
TO,: City Council f •
FROM: Planning Department
SUBJECT: Summary of Planning Commission action on request for
zone change from LI to GC-MD on property located at 1145
Park Street (889-Z) ; November 21, 1983.
GENERAL INFORMATION
Applicant Clifford Wells
Requested Action zone change from LI (Light
Industrial) to GC-MD (General
Commercial - Multiple Dwelling)
Purpose replace existing apartments
Location 1145 Park Street
Size 50 x 150, 0. 17 acre
PLANNING STAFF RECOMMENDATION
Staff recommended approval of the request on the basis that existing
zoning does not reflect development and the request is consistent
with the comprehensive plan.
PLANNING COMMISSION RECOMMENDATION
The Planning Commission recommended approval of the request by a
vote of 6 to 0.
PUBLIC NOTIFICATION AND RESPONSE _
Notices mailed to property owners 14
Responses in favor of request 0
Responses opposed to request 1
FILE 889-Z. REQUEST FOR ZONE CHANGE
\� fi � LI TO GC-MD ON PROPERTY N.W. OF LOT
'� e +°) 4. 267 LOCATED 1145 PARK STREET.
r ,r APPLICANT: CLIFFORD WELLS
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ORDINANCE NO.
• ENTITLED AN ORDINANCE BEAUMONT,CTEXAS,� AND IN THE
CODE OF ORDINANCES OF BE
PARTICULAR THE ICATEDIUPONFTHEEZONINGGMAP OF
LI
(GENERAL
DISTRICTS AS IN
D
BEAUMONT, TEXAS, BY CHANGING THE ZONING FROM
(LIGHT INDUSTRIAL) DpWELLING)GDI TRICTO
COMMERCIAL - MULTIPLE
PROPERTY LOCATED•AT 1145 ARKpRTREPEALPANDIDING
FOR SEVERABILITY . PROVIDING
PROVIDING A PENALTY.
BE IT ORDAINED BY THE CITY OF BEAUMONT:
Section 1 .
T Cha ter 30 of the Code of Ordinances of Beaumont,
THA P
districts as
Texas, and in particular the boundaries of the zoning referred s in
indicated upon the Zoning Map of the City of Beaumont, re
Section
30-5B thereof, is hereby amended by changing the zoning
' ication from LI (Light Industrial) District to GC-MD (Genera
classification located at 1145
Commercial - Multiple Dwelling)
District on property
as shown on Exhibit "A" attached hereto and made a part
Park Street, map of the City of
hereof for all purposes, and the official zoning
ded to reflect such changes.
��Pa.umont is hereby amen
Section 2.
That in all other respects the use of the property
hereinabove described shall be subject to all of the applicable
regulations contained in Chapter 30 of the Code of Ordinances of
Beaumont, Texas, as amended.
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
is
of this ordinance are declared to be severable.
Section 4 .
arts of That all ordina nces or P ordinances in conflict �
herewith are repealed to the extent of the conflict only.
i
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
day of 19
Mayor -
2 -
15 .
December 2, 1983
Council Letter 180
Honorable Mayor and
Members of City Council
Subject: Request for Zone Change on South Street
A request for a zone change from RM-H (Residential Multiple Dwelling-High
Density) to RS (Residential Single Family) for all lots on the north side
of South Street from Royal Purple Drive to Guffey Street, then all area
bounded by Guffey, Smart Street and Royal Purple Drive was considered at
a ,joint public hearing of the' Planning Commission and the City Council on
Mc,, 21, 1983. This request was received from a petition circulated
in the area.
ThePlanning staff recommended approval of the RS (Residential Single
Family) zoning and the Planning Commission approved the request with the
exception of all property with frontage on Smart Street and a 73 x 50 lot
on Seventh Street. These two areas of exemption are to remain RM-H
(Residential Multiple Dwelling-High Density).
It is recommended that the request be approved.
�& 1�
Karl Nollenberger
City Manager
TO: Planning Commission and City Council
FROM: Planning Department
SUBJECT: Request for zone change from RM-H to RS for all lots
on the north side of South Street from Royal Purple
Street to Guffey Street, then bounded by Guffey, Smart
_Street and Royal Purple Drive; scheduled for joint public
hearing on November 21, 1983.
* STAFF REPORT
GENERAL INFORMATION Q Q 7—Z
Applicant Petition VV
Requested Action zone change from RM-H (Resi-
dential Multiple Family -
High Density) to RS (Resi-
dential Single Family)
Representative Uses in RS single family dwellings, golf
courses, membership recreation
clubs, cluster housing, mobil
home park (with specific use
permit)
Existing Zoning RM-H (Residential Multiple
Dwelling - High Density)
Location all lots on north side of South
Street from Royal Purple Street
to Guffey Street, then bounded
by Guffey, Smart Street and
Roayl Purple Drive
Existing Land Use single family and multiple
family
Surrounding Zoning and Land Use north - R-3, residential, some
offices
east - RM-H, residential
south - LI, industrial
west - RM-H, BCP High School
Comprehensive Plan Conservation and Revitalization
File 897-Z
RM,-H to RS
Page 2
SPECIAL INFORMATION
Public Utilities and Streets
ROW/ SANITARY
PAVEMENT WATER SEWER
EAST/WEST
Angelina 60/30 8 - -- '
Pecos 80/2 at 16* 6 --
Rusk 60/30 6 10
Smart 50/16 - 12
South 80/30 8 --
NORTH/SOUTH
Duperior 50/18 6 6
Eighth 60/16 6 12
Minor 60/30-18 6 6
Seventh 60/27 8 -_
*Pecos has a 16-foot median.
Fire Protection Station #7 , 1700 McFaddin
ANALYSIS
- Properties in the petition are predominantly single family
residences; there are some apartment complexes as well as garage
apartments within the area of the petition.
- Section 30-30.D. of the City Code exempts residential uses
existing on April 1, 1983.
- The request is consistent with the comprehensive plan.
RECOMMENDATION
The staff recommends approval of the request for RS zoning.
PUBLIC NOTIFICATION AND RESPONSE
Notices mailed to property owners within study 269
Notices mailed to property owners within 200 feet 57
TO: City Council '
FROM: Planning Department
SU13JECT: Summary of Planning Commission action on request for
zone change from RM-H to RS for all lots on the north
side of South Street from Royal Purple Street to Guffey
Street, then bounded. by Guffey, Smart Street and Royal
Purple Drive (897-Z) ; November 21, 198`3.
GENERAL INFORMATION
Applicant Petition
Requested Action zone change from RM-H (Resi-
dential Multiple Dwelling -
High Density) to RS (Residential
Single Family)
Location all lots on north side of
South Street from Royal Purple
Street to Guffey Street, then
bounded by Guffey, Smart
Street and Royal Purple Drive
PLANNING STAFF RECOMMENDATION
[The staff recommended approval of the request for RS zoning.
PLANNING COMMISSION RECOMMENDATION
The Planning Commission recommended approval of the request with
the exception of property with Smart Street frontage and a 73 x
150 lot on Seventh Street to remain RM-H by a vote of 5 to 0.
PUBLIC NOTIFICATION AND RESPONSE
Notices mailed to property owners within study 269
Responses in favor of proposal 59
Responses opposed to proposal 7
Notices mailed to property owners within 200 feet 57
Responses in favor of proposal 2
Responses opposed to proposal 0
FILE 897-Z. REQUEST FOR ZONE CHANGE
• Iri/ - / / . i • i RN-H TO E DISTRICT IN OAKS ADDITION �
I f r AND PARKDALE ADDITION.
w " " " " •i" " " " " '" " N'" r APPLICANT: PETITION OF RESIDENTS
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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 FROM
RM-H (RESIDENTIAL MULTIPLE DWELLING - HIGH
DENSITY) DISTRICT TO RS (RESIDENTIAL SINGLE
FAMILY) DISTRICT ON PROPERTY BOUNDED BY SOUTH
STREET, GUFFEY, SMART STREET AND ROYAL PURPLE
DRIVE; 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 30-5B thereof, is hereby amended by changing the zoning
classification from RM-H (Residential Multiple Dwelling - High
Density) District to RS (Residential Single Family) District on
property bounded by South Street, Guffey, Smart Street and Royal.
Purple Drive, as shown on Exhibit "A" attached hereto and made a part
hereof for all purposes, and the official zoning map of the City of
Beaumont is hereby amended to reflect such changes.
I
Section 2.
That in all other respects the use of the property
hereinabove described shall be subject to all of the applicable
regulations contained in Chapter 30 of the Code of Ordinances of
Beaumont, Texas, as amended.
Section 3.
That if any section, subsection, sentence, clause or phrase
of this ordinance, or the application of same to a particular set of s
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
day of 19
Mayor -
2 _
16.
December 2, 1983
Council Letter . 176
Honorable Mayor and
Members of City Council
Subject: Request for Specific Use Permit at 35 Minor Street
The request for a Specific Use Permit at 35 Minor Street to grow and sell
rare plants in a RM-H (Residential Multiple Family-High Density) district
was reviewed at the joint public hearing of the Planning Commission and
City Council on November 21, 1983. Notices were mailed to nineteen property
_ owners and four responses were received; three in favor and one opposed.
The Planning staff recommended approval of the request based on the appli-
cant's compliance with the eight conditions necessary for approval of a
Specific Use Permit. The Planning Commission recommended approval of the
request by a vote of 5 to I.
It is recommended that this request be approved.
r`c-nom, N 1 Y
Karl Nollenberger
City Manager
i
TO: .Planning Commission and City Council
FROM: Planning Department
SUBJECT: Request for specific use permit to grow and sell rare
and exotic plants by appointment only in an RM-H district
located at 35 Minor Street; scheduled for joint public
hearing on November 21, 1983.
* STAFF REPORT
GENERAL INFORMATION 892-1
Applicant Bob Whitman
Status of Applicant property owner
Requested Action specific use permit to grow
and sell rare and exotic
plants by appointment
Existing Zoning RM-H (Residential Multiple
Family - High Density)
Location 35 Minor Street
Size 100 x 238, 0. 54 acre
Ex,i sting Land Use residence
Su�L-ounding Zoning and Land Use north - (across Rusk- ---P1 -H,
single family
east - (across Minor) RM-H,
residential, vacant
south - (across Smart) LI ,
commercial
west - RM-H, residential
Physical Features residence faces Rusk, nursery
area faces Minor and Smart
Comprehensive Plan Stable Area
SPECIAL INFORMATION
Public Utilities Sanitary Sewer: 10 inch line
Storm Drainage: 21 inch line
Water: 6 inch line
89 2-]?
Page 2
SPECIAL INFORMATION (cont'd)
Streets Minor and Rusk are designated
as local residential streets
and have 60-foot rights-o€-
way with 18- and 30-foot pave-
ments, respectively.
Fire Protection Station #7, 1700 McFaddin
ANALYSIS
See Specific Use Permit Review.
RECOMMENDATION
EThe staff recommends approval of the request based on the appli-
cant ' s compliance with the eight conditions necessary for specific
use permit approval.
PUBLIC NOTIFICATION AND RESPONSE
Notices Mailed to Property Owners 19 .
Responses in Favor of Request
Responses Opposed to Request
SPECIFIC USE PERMIT REVIEW
892-P
VA ORDINANCE REQUIREMENTS PROPOSAL
1. Description of processes and----'-------- growth and sale of rare and
activities. exotic plants; sales by
appointment only
2. Boundaries of area covered by site------ 100 x 238 ; Lots 1 and 2 and
plan with dimensions. 11 and 12, Block 18, Oaks
Addition
3. Existing and proposed building
locations with:
- number of stories; ------------------- one
- height; ------------------------------ 13 feet
------- 2 buildings at 1188 square
gross floor area; ------------- feet each
- entrances and exits. ----------------- from Smart Street
4. Existing drainage locations and --------- to open ditches in Minor
direction of flow. and Smart Streets
5. Proposed landscaping and screening ------ applicant will grow trees
buffers. and flowering vine on
6. Location and dimensions of:
- curb cuts (existing and proposed) ;'--- one at 12 '
- public and private streets, showing --Minor': 60 ' right-of-way,
rights-of-way widths; 18-foot pavement
narking and loading areas;------------on-street parking on Rusk
pedestrian walks; --------------------none
-- exterior lighting; -------------------none
trash storage locations; -------------none
7. Fences or screening provisions ----------6-foot chain link fence
Showing location, type and height. around entire site
8. Sign height, location and dimensions.----none
892-P
CONDITIONS FOR APPROVAL: A SpeciYic Use Permit shall be issued only if
all of the following conditions have been found:
1) That the specific use will be compatible with and not injurious to the
use and enjoyment of other property, nor significantly diminish or
impair property values within the immediate vicinity;
Location of nursery plants create no impairment or injury
to the use of surrounding residential properties.
2) That the establishment of the specific use will not impede the normal
and orderly development and improvement of surrounding vacant property;
One vacant lot east of the request will experience no ad-
verse effects from the proposed use.
3) That adequate utilities, access road, drainage and other necessary
supporting facilities have been or will be provided;
Existing utilities and drainage are adequate for service to
proposed use.
4) The design, location and arrangement of all driveways and parking spaces
provides for the safe and convenient movement of vehicular and pedestrian
traffic without adversely affecting the general public or adjacent
developments;
Driveways and parking will not affect surrounding traffic
pattern nor restrict access.
5) That adequate nuisance prevention measures have been or will be taken
to prevent or control offensive odor, fumes, dust, noise and vibration;
— Proposed use will not generate any of the five environ-
mental uses.
6) That directional lighting will be provided so as not to disturb or ad-
versely affect neighboring properties; _
No direct lighting proposed.
7) That there are sufficient landscaping and screening to insure harmony and
compatibility with adjacent property;
Applicant will grow trees and flowering vines on western
property line.
8) That the proposed use is in accordance with the comprehensive plan;
Proposed use is in accordance with comprehensive plan.
TO: City Council
FROM: Planning Department
SUBJECT: Summary of Planning Commission action on request for
specific use permit to grow and sell rare and exotic
plants by' appointment only in an RM-H district located
at 35 Minor Street (892-P) ; November 21, 1983.
GENERAL INFORMATION
F plicant Bob Whitman
questAd Action
specific use permit to grow
and sell rare and exotic plants
by appointment only in an RM-H
(Residential Multiple Family-
High bensity) district
Location 35 Minor Street
Size 100 x 238, 0. 54 acre
PLANNING STAFF RECOMMENDATION
The Planning staff recommended approval
the applicant' s compliance with the eight fconditions snecessary nfor
specific use permit approval.
PLANNING COMMISSION RECOMMENDATION
The Planning Commission recommended approval of the request by a
vote of 5 to 1.
PUBLIC NOTIFICATION AND RESPONSE
Notices Mailed to Property Owners 19
Responses in Favor of Request 3 ,
Responses Opposed to Request 1
• o : , , b . - i I • = �K RARE AND EXOTIC PLANTS
LOCATED BLOCK 18, LOTS 1 AND 2, 11 AND
12 IN OAKS ADDITION! AT 35 MINOR ST. 1
r
1APPLICANT: BOB D. WHITMAN
to
1/200
11 10 9 Y •r •... ...� .,
r � � r�
N n �•d 3 � • • b n •t -
AN Eft
so 10 I Y so OC 10
ANGELINA
so so - s: - - - sc so -
f f 1 ° =O • • • • i 1 _ • • s • • 1 ffis
20
14 t6 •° to
i1 M j 7 • f b 11 t s 1 i • f b 11 •1 - > i • •W RUSK
eo
subject
- so [Nit 3 s • • 4 eo so 6
17 no
,• i, y � ? r • • b n i• _ c _
RT
460 siait SMART
G-2
------------
G'-2
Nv Cs
ORDINANCE NO.
• 4
ENTITLED AN OR
DINANCE PROPERTY
PERMIT TO GROW
LOCATED AT 35 MINOR STREET.
WHEREAS, the Planning and Zoning Commission of the City of
Beaumont considered the issuance of a specific use permit to grow and
sell plants on property located at 35 Minor Street, Beaumont, F
Jefferson County , Texas, to Bob Whitman, owner, his legal
representatives, successors, and assigns for that certain property
hereinafter described; 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; t
f
NOW , THEREFORE, BE IT ORDAINED BY THE
CITY OF BEAUMONT:
Section 1.
That all conditions necessary for issuance of a specific
use permit have been met and a specific use permit to grow and sell
plants on property located at 35 Minor Street, Beaumont, Jefferson
County, Texas, in accordance with Section 30-26 and Section 30-40 of
the Code of Ordinances of the City of Beaumont, as amended, be
granted to Bob Whitman, owner, his legal representatives, successors
and assigns for that certain tract described on Exhibit "A" attached
hereto and made a part hereof for all purposes.
Section 2 .
i
That the specific use permit herein granted is expressly a
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.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the
day of , 19 .
Mayor -
_ 2 _
I
17.
December 2, 1983
'At
Council Letter 172
Honorable Mayor and
Members of City Council
Subject: Request for Specific 'Use Permit at 5480 Washington Boulevard
A request by LECCO Industries for a Specific Use Permit at 5480 Washington
to establish a speciality insulation manufacturing company in a GC-MD
(General :Commercial-Multiple Dwelling) district was reviewed by the Planning
Commission and City Council at a joint meeting November 21, 1983. The pro-
spective owner is Dennis Mott.
The Plag staff originally recommended approval based on seven of eight
conditions necessary for a Specific Use Permit being met. This recommenda-
tion was changed to denial on the basis of information provided at the time
of the public hearing which did not comply with the eight conditions neces-
sary for approval of a Specific Use Permit. Sixteen notices were mailed to
property owners, and one response was received in favor of the request. The
Planning Commission recommended denial of the request by a vote of 5 to 0.
It is recommended that this request be denied.
Karl Nollenberger
City Manager
TO: Planning Commission and City Council
FROM: Planning Department
SUBJECT: Request for specific use permit to establish a specialty
insulation manufacturing contractor in a GC-MD district
at 5480 Washington Boulevard; scheduled for joint public
hearing on November 21, 1983.
* STAFF REPORT
GENERAL INFORMATION 894—P
Applicant LECCO Industries Inc.
Status of Applicant prospective purchaser; owner
is Dennis Mott
Requested Action specific use permit to operate
a specialty insulation manu-
facturing contractor
Existing Zoning GC-21D (General Commercial -
Multiple Dwelling)
Location 5480 Washington Boulevard
Size 355 x 200; 1. 39 acres
Existing Land Use vacant
Surrounding Zoning and Land Use north - RS, vacant, single
family residence
east - (across Chamberlin)
GC-MD, vacant
south - (across Washington)
LI, vacant -
west - GC-MD, commercial,
truck transfer
Comprehensive Plan - Neighborhood Growth Unit
Transition
SPECIAL INFORMATION
Public Utilities Sanitary Sewer: 24 inch line
in Washington
Storm Drainage: - - by underground
storm sewer in Washing-
ton
SPECIAL INFORMATION (cont'd)
Public Utilities (cont'd) Water: 16 inch line in
Washington
Streets Washington is designated as a
major arterial with a 100-foot
right-of-way and 44-foot pave-
ment. Chamberlin is a local
residential street with an IS-
foot pavement and 60-foot
right-of-way.
Fire! Protection Station #10, 3855 Washington
Boulevard
ANALYSIS
See Specific Use Permit Review.
RECOMMENDATION
F n of the eight conditions necessary for specific use permit
oval have been met. Staff feels that Condition 4 should
rict access to Chamberlin Drive.
Based upon this the staff recommends approval of the request.
PUBLIC NOTIFICATION AND RESPONSE
Notices Mailed to Property Owners 16
Responses in Favor of Specific Use Permit
Responses Opposed to Specific Use Permit
I
SPECIFIC USE PERMIT REVIEW
894-P
ORDINANCE REQUIREMENTS PROPOSAL
1. Description of processes and- -------blanket insulation specialty
activities. contractor*; Monday-Fridal,
7 a.m. - 6 p.m. ; 15 employees;
occasional extended work day
2. Boundaries of area covered by site------approximately 355 x 200 ;
plan with dimensions. 1. 38 acres
3. Existing and proposed building
locations with:
number of stories; --------------------Office: single story; 1200
sq. ft. ; 10 ' height
- height; storage: two story; 1250 sq.
gross floor area; ft. ; 20' height
major entrance on Washington;
- entrances and exits. -----------------
apcessory entrance on Cha e
I in
4. Existing drainage locations and ---------overland to south property
direction of flow. line then to storm sewer
in Washington
5. Plr_oposed landscaping and screening ------i0-foot landscaped buffer
buffers. strip abutting RS zoning:
6. Location and dimensions of:
(2 at 20 ' width
- curb cuts (existing and proposed) (1 at 30 ' width
- public and private streets, showing --Washington: 100 ' row
rights-of-way widths; Chamberlin: 60 ' row
- parking and loading areas;------------15 spaces
- pedestrian_ walks; --------------------none
- exterior lighting; -------------------5 security lights
trash storage locations; -------------one
7. Fences or screening provisions ---------- 8 ' wooden privacy fence
showing location, type and height. abutting RS zoning
8. Sign height, location and dimensions.---- size : 3 x 4 ; attached to
front of building
*fabrication of insulation blankets for steam boilers and piping
installed at individual project locations
894-P
CONDITIONS FOR APPROVAL: A Specific Use Permit shall be issued only if
all of the o owing conditions have been found:
1) That the specific use will be compatible with and not injurious to the
use and enjoyment of other property, nor significantly diminish or
impair property values within the immediate vicinity;
All processes associated with production will be indoors.
Residential uses on Chamberlin will be buffered by privacy
fence.
2) That the establishment of the specific use will not impede the normal
and orderly development and improvement of surrounding vacant property;
Vacant commercially zoned property will be in an area of
intensive development. Proposed use is similar in character.
,. 3) That adequate utilities, access road, drainage and other necessary
supporting facilities have been or will be provided;
Existing utilities are adequate to provide service to the
proposed use.
4) The design, location and arrangement of all driveways and parking spaces
provides for the safe and convenient movement of vehicular and pedestrian
traffic without adversely affecting the general public or adjacent
developments;
Proposed access to Chamberlin Drive should be eliminated.
Residential vehicular use of Chamberlin should not be forced
to compete with commercial trucks.
a) That adequate nuisance prevention measures have been or will be taken
to prevent or control offensive odor, fumes, dust, noise and vibration;
Production will be entirely indoors. Outside yard will be
used for loading of finished contract work prior to delivery
and occasionally some storage.
6) That directional lighting will be provided so as not to disturb or ad-
versely affect neighboring properties;
Security lighting on northeastern property line should be
relocated to insure that glare or diffused and reflected
light is minimized.
7) That there are sufficient landscaping and screening to insure harmony and
compatibility with adjacent property;
Rear (north) property line will have 8-foot wooden privacy
fence and .10-foot landscaped buffer.
8) That the proposed use is in accordance with the comprehensive plan;
Properties with Washington Boulevard frontage are a transi-
tion between neighborhood growth unit and industrial. The
proposed use is in accordance with these types of uses .
TO: City Council
FROM: Planning Department
SUBJECT: Summary of Planning Commission action on request for
specific use permit to establish a specialty insulation
manufacturing contractor in a GC-MD district at 5480
Washington (894-P) ; November 21, 1983.
GENF7RAL INFORMATION
Applicant LECCO Industries Inc.
Requested Action specific use permit to operate
a specialty insulation manu-
facturing contractor in a
GC-MD (General Commercial -
Multiple Dwelling) district
Location 5480 Washington Boulevard
Size 355 x 200; 1. 39 acres
PLKKNING STAFF RECOMMENDATION
The Planning staff changed their previous recommendation for
approval to denial on the basis of information provided at the '
..;- time of the joint public hearing which did not comply with the
eight conditions necessary for approval of a specific use permit.
PLANNING COMMISSION RECOMMENDATION
The Planning Commission recommended denial of the request by a
vote of 5 to 0.
PUBLIC NOTIFICATION AND RESPONSE
Notices Mailed to Property Owners 16
Responses in Favor of Request 1
Responses Opposed to Request 0
---- --- .:� _ FILE 854—P. REQUEST FOR SPECIFIC USE
e — R A SPECIALTY CONTRACTOR'S
'---- — PERMIT FO
BUSINESS LOCATED 5480 41ASHINGTON.
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NO
ORDINANCE NO.
i`
r
ENTITLED AN ORDINANCE ISSUING A SPECIFIC
USE PERMIT FOR A SPECIALTY CONTRACTOR' S
BUSINESS ON PROPERTY LOCATED AT 5480
s;F
WASHINGTON BOULEVARD.
WHEREAS, the Planning and Zoning Commission of the City of
Beaumont
considered the issuance of a specific use permit for a
It contractor' s business on property located at 5480
spec:i a y to LECCO
Washington Boulevard, Beaumont, Jefferson County, Texas,
ies successors, and assigns
Industries, Inc. , its legal representatives,
roperty hereinafter described; and,
for that certain p
il is of the opinion that the
WHEREAS, the City Counc
issuance of such specific use permit is in the best interest of the
City of Beaumont and its citizens, subject to the hereinafter
described conditions;
NOW, THEREFORE, BE IT ORDAINED BY THE
CITY OF BEAUMONT:
Section 1.
That all conditions necessary for issuance of a specific
ermit have been met and a specific use permit fora specialty
use p
contractor' s business on property located at 5480 Washington
Boulevard, Beaumont, Jefferson County , Texas, in accordance with
Section 30-26 and Section 30-40 of the Code of Ordinances of the City
o Beaumont, as amended, is hereby granted to LECCO Industries, Inc. ,
of
assigns for that certain
its legal representatives, successors and
tract described on Exhibit "A" attached hereto and made a part hereof
for all purposes.
E
Section 2-
granted
That the specific use permit herein 9
d i$ expressly
with each particular and detail of the
issued for and in accordance w „g" and made a part hereof for
site plan attached hereto as Exhibit
all purposes• of Beaumont this the
PASSED BY THE CITY COUNCIL of the City
• 19- -
day of
Mayor -
2 -
18.
December 2, 1983
Council Letter 174
Honorable Mayor and
Members of City Council
Subject: Request for Abondonment of 315-font Portion of Undeveloped
Heritage Lane Right-of-Way
A request by Robert LeJune to abandon a 315-foot portion of undeveloped
Heritage lane right-of-way was reviewed on November 21, 1983 at the joint
public hearing of the Planning Commission and City Council . Existing
utilities include a buried cable owned by Southwestern Bell and a 6-inch
sanitary sewer owned by the City. The Planning staff recommended approval
of the request subject to retention of the entire right-of-way as a general
utility easement. The Planning Commission recommended approval of the
request subject to this condition by a vote of 5 to 0.
It is recommended that this request be approved.
Karl Nollenberger
City Manager
TO: Planning Commission ,
FROM: Planning Department
SUBJECT: Request to abandon a 315-foot portion of undeveloped
Heritage Lane right-of-way; scheduled for regular meeting
on November 21, 1983.
* STAFF REPORT
GENERAL INFORMATION / 05—OB
Applicant Robert LeJune �T' �J
Status of Applicant property owner
Requested Action right-of-way abandonment
Purpose of Request enclose property
Property Description Heritage Lane far 315 feet
north of 8000 Block of
Collier
-Existing Zoning and Land Use RS, single family residential
EXISTING UTILITIES
' *ahwestern. Bell has a buried cable parallel with the western
y
ba»ndary of the right-of-way; a 6-inch sanitary sewer is located
parallel with the eastern boundary.
ANALYSIS
All other-City departments and public utilities have submitted
their respective approval.
RECOMMENDATION `
'The staff recommends approval of the request subject to retention
of the entire right-of-way as a general utility easement.
0 5 l J. :.tom�i1 �`1 i 0
__. _. ABANDON HERITAGE LANE RIGHT-
« « _: •. ,�. / OF-WAY FROM COLLIER NORTH FOR
315 FEET.
APPLICANT: ROBERT LEJUNE.
or of N M N1 tirl
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19.
December 2, 1983
Council Letter 166
Honorable Mayor and
Members of City Council
Subject: Approval of Contract for Pit Sand and/or Clay
bids were received from five vendors for approximately
-On November 7, 1983 to be used as cover material for
25,000 cubic yards of pit sand and/or, clay
►e Pine Street landfill . This contract will used asrcoverxmaterhalefordthed
t} it sand will be
it is anticipated that the p will be used
day-to-day operations of the Pine Street site tand
that landfill the llocation.
as a beginning of the final co
The bids are as follows:
Pit Sand Pit Sand
Clay Clay
FOB Pit Delivered FOB Pit Del red
--
Beeco; Vidor $3'18 $1.25 $3.18
(3 miles E. of Neches $1.25 cu. yd. cu. yd.
cu. yd.d
y
. ,
River of IH-10) cu 3.75
M.E.H. Materials; Beaumont $1.85 $3.75yd• $cu85 $
yd. cu. yd.
(End of Signer Road) cu. y d.
.95 $3.50 -
Maco Construction Co. ; Nederland $2.75 $cu25 $
CU. yd. yd. cu. yd_ cu. yd.
(Highway 69; Nederland) 1.74 $3.53
Rose City Sand Corp. ; Beaumont $cu. yd. cu.$3.53 cu. yd. $cu. yd, cu. yd.
cu.
(IH-10 Vidor) $1.43 $4.47
Guthrie Dirt Pit; Beaumont $2.00 $4..55 0 yd. cu. yd, cu. yd.
(West Pt. Arthur Road) cu. yd'
The bid of Beeco Materials Company is the low bid for the total estimatofdNeder-
quantities outlined in the specifications. Macf Construction FOBtheopit; but due
land bid 30 cents a cubic yard less than Beeco for clay FOB
our actual cost
the distance difference to the landfill site from the p
sportation of the materials be Beeco. Funding
P urchase and tran in the Sanitation Landfill with an approximate
for these materials are m
total cost for the 25,000 cubic yards of $ick2u0 teeseemateriais7at5tthheFpBitthe
landfill . will
site.
and not pay
It is recommended that the bid of Beeco Materials Company be approved.
k2j_
Karl Nollenberger
City Manager
AG
NO ---
R E S O L U T 10 •N
t'
WHEREAS, bids were received for a six months contract
for pit sand and/or clay; and,
WHEREAS,
geeco of Vidor, Texas submitted the following
bid; $1.25/cY
pit Sand - F .O. B. pit site 3. 18/cy
Pit Sand - Delivered-- F .O.B. pit site 3.18/cY
to landfill 1.25/cY
Clay
Clay - Delivered to landfill
and, inion that the bid
WHEREAS, the City Council is of the op
submitted by
Beeco is the lowest and best bid and should be
accepted;
NOW , THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BEAU80NT:
f
amount stated above be accepted by the
THAT' the bid of Beeco in the er be, and he is hereby ,
Manager City of Beaumont and that the City with Beeco for pit
authorized- to enter into a six months contract
sand and/or clay. of Beaumont
PASSED BY THE CITY COUNCIL of the City
19__•
this the _
day of
- Mayor -
1
20.
December 2, 1983
Council Letter 165
Honorable Mayor and
Members of City Council
Subject: Firefighters Pension Plan
Beaumont firefighters are members of a local pension fund. All other City
employees are members of the Texas Municipal Retirement System. The 1983
Texas Legislature amended the law governing firemen's pension funds to al-
low such funds to become qualified pension plans so that federal income
taxes are deferred on individual contributions. Effective January 1, 1984,
federal income taxes on each firefighter's contribution (10 percent of
salary) will be deferred. This is a significant tax advantage for covered
employees.
The change must be approved by the firefighters, the City, and the Internal
Revenue Service. The firefighters approved the change by a 10 to 1 margin.
The Council will be asked to adopt an ordinance approving the change on
Tuesday, December 6th. Following Council approval , the pension fund's
actuary will submit the change for IRS approval , which should be routine.
Similar changes in the Texas Municipal Retirement System will be effective
January 1, 1984.
It is recommended that this ordinance be adopted.
Karl Nollenberger . -
City Manager
ORDINANCE NO.
ENTITLED AN ORDINANCE PERMITTING BEAUMONT ;
FIREFIGHTERS WHO ARE MEMBERS OF THE BEAUMONT
FIREMEN' S RELIEF AND RETIREMENT FUND TO G;
DEFER FEDERAL INCOME TAXES
CONTRIBUTIONS TO THE PENSION
TIME CONTRIBUTIONS ARE MADE TO THE LATER
TIME BENEFITS ARE RECEIVED; PROVIDING FOR
SEVERABILITY ; AND PROVIDING FOR REPEAL.
WHEREAS, the City Council of the City of Beaumont
recognizes the desirability of enabling its firefighters to defer
payment of a part of their federal income taxes; and, {
WHEREAS, the State Firemen' s Relief and Retirement Law was L
amended by the 1983 Session of the Texas Legislature in H .B. 1679 to
permit firefighters to defer payme nt of federal income taxes on their
monthly contributions to the pension fund; and,
WHEREAS, the firefighters elected this income tax deferral
option by a majority of the 236 participating members of the fund,
voting by secret ballot, on October 17 , 18 and 19 , 1983. One hundred
forty-one ( 141) voted in favor of income tax deferral and 14 voted
against this change. The 141 voting in favor constitute a majority
of the 236 participating members of the fund; and,
WHEREAS, the Board of Trustees of the pension fund is
seeking an Internal Revenue Service determination that the
firefighter' s pension plan is a qualified retirement plan under
Section 401( a) , Federal Internal Revenue Code, and its related trust
is tax exempt under Section 501( a) , Federal Internal Revenue Code;
NOW , THEREFORE, BE IT ORDAINED BY THE
CITY OF BEAUMONT:
THAT Beaumont firefighters who are members of the Beaumont Firemen' s
Relief and Retirement Fund shall be permitted to defer federal income
taxes under the terms of Section 10F(a) and Section 1OF(b) of the
State Firemen' s Relief and Retirement Law , as amended, subject to a
favorable determination by the Internal Revenue Service that the
firefighters' pension plan is a qualified retirement plan.
PASSED BY THE CITY COUNCIL of the City of Beaumont this
6th day of December, 1983.
Mayor -
2 -
21.
December 2, 1983
Council Letter 188
Honorable Mayor and
Members of City Council
Subject: Allocation of Social Service Facility Rehabilitation Funds
Pursuant to the Work Session discussion of November 22nd, a resolution has
been placed on the agenda approving the allocation of funds provided for
social service facility rehabilitation in the fiscal year 1983 Community
Development Block Grant Program.
The $248,000 available for this purpose includes $100,000 in budget program
funds and $148,000 in Jobs Bill Statement funds. According to the recommen-
dation of the CDBG Citizens Advisory Committee, the money would be allocated
to the YWCA in the amount of $168,000 and Land Manor-Main House, in the
amount of $80,000 for projects proposed in their applications.
The funds allocated to the YWCA would provide for a complete rehabilitation
of the organization's building at 660 Calder. The allocation for Land Manor-
Main House, at 1608 Orange, would be for Phase II of an ongoing remodeling
program to include construction of a second floor porch, installation of a
new porch roof and gutters and restoration of columns and balustrade paint.
The resolution would also authorize execution of contracts with the re-
cipients of performance of the work proposed.
I1t is recommended that this resolution be adopted.
Karl Nollenberger
City Manager
COMMUNITY DEVELOPMENT BLOCK GRANT
SOCIAL SERVICE FACILITY REHABILITATION
PROJECT PROPOSALS
SUMMARY
1983
FUNDS AVAILABLE $248,000.00
AMOUNT HUMAN SERVICES CAC'S
PROJECTS REQUESTED SUBCOMMITTEE RECOMMENDATION RECOMMENDATION
Land Manor - Main• House $113,000.00 $ 80,000.00 $ 80,000.00
Central Day Care 27,700.00 - 0 - - 0 -
Fairway Houses, Inc. 38,248.00 - 0 - - 0 -
Goodwill Industries 15,575.00 - 0 - - 0 -
Some Other. Place 15,000.00 - 0 - - 0 -
Stewart's Halfway House, Inc. 41,000.00 - 0 - - 0 -
YMCA - Melton Branch 21,000.00 - 0 - - 0 -
YWCA :- Main Building 168,000.00 168,000.00 168,000.00
TOTAL $443,523.00 $248,000.00 $248,000.00 .
1
8.
December 2, 1983
Council Letter 173
Honorable Mayor and
Members of City Council
Subject: Request for Zoning Change and Specific Use Permit at 9925 Old
Voth Road
A request by T.W. Atwood for a zoning change from RS (Residential Single
Family) to RM-H (Residential Multiple Family-High Density) and a Specific Use
Permit for property at 9925 Old Voth Road was reviewed at the joint public
hearing of the Planning Commission and the City Council on November 21, 1983.
The Planning staff recommended denial of the request because it is contrary
to land use principles which state that high density multi-family land uses
should be located only along major arterials and not originate in mid-block;
the request is contrary to the City's Comprehensive Land Use Plan; and the
request fails to meet two of the eight conditions necessary for approval of
a Specific Use Permit. Eleven notices were mailed to property owners and
one response was received in favor. The Planning Commission recommended
denial of the request by a vote of 6 to 0.
It is recommended that this request be denied.
l i1 `I V
Karl Nollenberger
City Manager
TO: Planning Commission'and City Council
FROM: Planning Department
SUBJECT: Request for zone change from RS to RM-H and a specific
use permit to operate a beauty shop on property located
at 9925 Voth Road; scheduled for joint public hearing
on November 21, 1983.
* STAFF REPORT
GENERAL INFORMATION Q Q 9O_Z/P _
Applicant —
T. W. Atwo.od
Status cif Applicant property owner
Requested Action zone change from RS to RM-H
(Residential Multiple Family -
High Density) and specific use
permit for beauty shop
Existing Zoning RS (Residential Single Family)
Location 9925 Old Voth Road
Size 196 x 250, 1. 1 acres
Existing Land Use residential
Surrounding Zoning and Land Use north - RS, residential
east - RS (across Old Voth Rd) ,
vacant
south - RS, vacant (GSU power
line easement)
west - RS, vacant
Physical Features entire tract measures 196 x
1875 (8. 37 acres)
Comprehensive Plan Stable Area
SPECIAL INFORMATION
Public Utilities Sanitary Sewer: 10 inch line
Storm Drainage: open ditches
north to. Pine Island
Bayou
Water: 16 inch line
890-Z/P
RS to RM-H and SUP
Page 2
SPECIAL INFORMATION (cont'd) `
Streets Old Voth Road is designated
as a residential collector and
has a 60-foot right-of-way and
18-foot pavement.
Fire Protection Station #8 , 6297 Highway 105
ZONE CHANGE:
ANALYSIS
- Surrounding land use is entirely low density single family uses.
- The request is contrary to land use principles which state
that high density multi-family land uses should be located along
major arterials and not originate in mid-block.
- An approved zone change will generate similar requests in the
future in order that compatibility of land uses can be maintained.
- The request would constitute "spot zoning" in that it grants a
privilege or right to use a piece of property in a more intense
manner than is being granted similar properties in the same
vic -nity.
The request is not in accordance with the comprehensive plan.
RECO s-RTDATION
The staff recommends denial of the request. The request is based
on:
- the site is contrary to land use principles which state that high
density multi-family should be on major arterials;
- the request is contrary to the comprehensive plan.
-SUP :
ANALYSIS
See Specific Use Permit Review.
890-z/P
RS to RM-H and SUP
Page 3
RECOMMENDATION VA
Based on
Thep tisfied, the
proposed osed use fails to satisfy Conditions 1 and 8.
that all eight conditions must be sa
the requirement
staff recommends denial.
PUBLIC NOTIFICATION AND RESPONSE
Notices Mailed to Property owners 11
Responses in Favor of Request
Responses Opposed to Request
SPE=CIFIC USE PERMIT REVIEW
890-Z/P
ORDINANCE REQUIREMENTS PROPOSAL
1. Description pf processes and----=------- beauty shop, one employee
activities.
2. Boundaries of area covered by site------ eastern 196 x 250 ' , Tract
plan with dimensions. 65, W. B. Dyches Survey,
Abstract 17
3. Existing and proposed building
locations with:
- number of stories; ----------- ------ one
- height; ------------------------------ 15
gross floor area; --------------- --- 12 x 24, modular building
entrances and exits. ----------------- from Old Voth Road
4. Existing drainage locations and --------- to open ditches in Old Voth
direction of flow. Road
5. Proposed landscaping and screening ------ no proposal
I
buffers.
6. Location and dimensions of:
- curb cuts (existing and proposed) #----one at 20 feet
- public and private streets, showing --Old Voth Road: 60 ' row
rights-of-way widths;
narking and loading areas;------------parking in rear of residence
pedestrian walks; --------------------none
-- exterior lighting; -------------------no Proposal
trash' storage locations; -------------normal residential collec-
tion
7. Fences or screening provisions ----------none
showing location, type and height.
8. Sign height, location and dimensions.----none
890-Z/P
COMMONS FOR APPROVAL; A Specific Use Permit shall be issued only if
aTl of the following conditions have been found: • Ik
1) That the specific use will be compatible with and not injurious to the
use and enjoyment of other property, nor significantly diminish or
impair property values within the immediate vicinity;
Zone change to RM-H will place surrounding property owners
at a disadvantage. Future development of RS properties is
impaired until zoning pattern is made compatible.
2) That the establishment of the specific use will not impede the normal
and orderly development and improvement of surrounding vacant property;
The zoning change to RM-H will require future zone -changes.
Vacant RS property east of Old Voth Road will require similar
or less restrictive district.
3) That adequate utilities, access road, drainage and other necessary
supporting facilities have been or will be provided;
Existing utilities are adequate for service.
4) The design, location and arrangement of all driveways and parking spaces
provides for the safe and convenience movement of vehicular and pedestrian
traffic without adversely affecting the general public or adjacent
developments;
Driveways and parking are adequate.
5) That adequate nuisance prevention measures have been or will be taken
to prevent or control offensive odor, fumes, dust, noise and vibration;
Proposed use will generate none of the five environmental
nuisances.
6) That directional lighting will..be provided so as not to disturb or ad-
versely affect neighboring properties;
Proposal has no exterior lighting.
7) That there are sufficient landscaping and screening to insure harmony and
compatibility with adjacent property;
No additional landscaping proposed. Property is heavily
wooded.
8) That the proposed use is in accordance with the comprehensive plan;
The request is not in accordance with the comprehensive plan.
TO: City Council
FROM: Planning Department
SUBJECT: Summary of Planning Commission action on request for
zone change from RS to RM-H and a specific use permit to
operate a beauty shop on property located at 9925 Voth
Road (890-Z/P) ; November 21, 1983.
GENERAL INFORMATION
Applic-ant T. W. Atwood
Requc:,:2d Action zone change from RS (Residential
Single Family) to RM-H (Resi-
dential Multiple Family - High
Density) and specific use permit
for beauty shop
Location 9925 Old Voth Road
Size 196 x 250 , 1. 1 acres
PLANNING STAFF RECOMMENDATION
The staff recommended denial of the request for a zone change on
the1 --jasis that the site is contrary to land use principles which
statl, , that high density multi-family should be on major arterials
and -the request is contrary to the comprehensive plan. In addition,
the -staff recommended denial of the specific use permit on the
bass that it failed to satisfy Conditions 1 and 8.
PLANNING COMMISSION RECOMMENDATION
The Planning Commission recommended denial of the request by a
vote of 6 to 0.
.PUBLIC NOTIFICATION AND RESPONSE
Notices Mailed to Property Owners 11
Responses in. Favor of Request 1
Responses Opposed to Request 0
FILE 890-Z/P. REQUEST FOR ZONE CHANGE
RS TO RM-H AND A S.U.P. FOR A BEAUTY
,s es uro SHOP LOCATED 9925 OLD VOTH ROAD.
r
I APPLICANT: T. W. ATWOOD I
n
HURLEY 1/2 0 0
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AGES �' F
NO.
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 FROM RS
(RESIDENTIAL SINGLE FAMILY) DISTRICT TO RM-H
(RESIDENTIAL MULTIPLE DWELLING - HIGH DENSITY)
DISTRICT ON PROPERTY LOCATED AT 9925 OLD VOTH
ROAD; PROVIDING FOR SEVERABI-LITY; 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 30-5B thereof, is hereby amended by changing the zoning
classification from RS (Residential Single Family) District to RM-H
(Residential Multiple Dwelling - High Density) District on property
shown on Exhibit "A" attached hereto and made a part hereof for _all•
purposes, and the official zoning map of the City of Beaumont is
hereby amended to reflect such changes.
Section 2.
That in all other respects the use of the property
hereinabove described shall be subject to all of the applicable
regulations contained in Chapter 3.0 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
i
any
reas�i be held to be
should f°r portions °
circumstances► not affect the remaining p
persons or and provisions
invalidity shall portions
invalid, such various
ordinance, and to such end
the
this re declared to be severable.
of this ordinance a
Section 4 • conflict
s or p of ordinances in
That all ordinance arts the conflict only -
herewith repealed to the extent of
herewith are $ection 5 • of this
on who violates any provision
That any pets
pun as provided in Section
ce shall, upon conviction, be p Texas.
ordinance of Beaumont, this the
1_8
of the Code
of Ordinances the City of Beaumont
ASSED By THE CITY COUNCIL of
p 19� —•
day of
Mayor -
� r
2
NO '�-•
ORDINANCE NO.
ENTITLED AN ORDINANCE ISSUING A
SPECIFIC USE PERMIT FOR A BEAUTY
SHOP ON PROPERTY LOCATED AT 9925
OLD VOTH ROAD.
WHEREAS, the Planning and zoning Commission of the City of
Beaumont considered the issuance of a specific use permit for a
beauty shop on property located at 9925 Old Voth Road, Beaumont,
Jefferson County, Texas to T . W. Atwood, owner, his legal
representatives, successors, and assigns for that certain property
hereinafter described; and,
WHEREAS, the City Council is of the opinion that the
issuance of such specific use permit is in the best interest of the
City of Beaumont and its citizens, subject to the hereinafter
described conditions;
NOW, THEREFORE, BE IT ORDAINED BY THE
CITY OF BEAUMONT:
Section 1.
That all conditions necessary for issuance of a specific
use permit have been met and the specific use permit for a beauty
shop on property located at 9925 Old Voth Road, Beaumont, Jefferson
County, Texas, in accordance with Section 30-26 and Section 30-40 of
the Code of Ordinances of the City of Beaumont, as amended, is hereby
granted to T . W. Atwood, owner, his legal representatives, successors
and assigns for that certain tract described in Exhibit "A" attached
hereto and made a part hereof for all purposes.
Section 2 .
That the specific use permit herein granted is expressly`
issued for and in accordance with each particular and detail of the
site plan attached hereto as Exhibit "B" and made a part hereof for
all purposes.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the
day of ' 19
Mayor -
2 -
9.
December 2, 1983
Council Letter 184
Honorable Mayor and
Members of City Council
Subject: Request for Zone Change at 2876 Kitchner
The request for a zone change from GC-MD (General Commercial-Multiple Dwelling)
to RS (Residential Single Family) for property located at 2876 Kitchner was
considered on November 21, 1983, at a joint public hearing of the Planning
Commission and City Council . The applicant, Elvinia Mahoney, intends to con-
_ struct a new single family residence at this location.
The Planning Department staff recommended approval of the request and the
Planning Commission unanimously approved the request.
It is recommended that the request be approved.
y�� r
Karl Nollenberger U
City Manager
TO: Planning Commission and City Council
FROM: Planning Department
SUBJECT: Request for zone change from GC-MD to RS on property
located at 2876 Kitchner; scheduled for joint public
hearing on November 21, 1983.
* STAFF REPORT
GENERAL INFORMATION 893-Z_.
Applicant Elvinia Mahoney
Status of Applicant property owner
Requested Action zone change from GC-MD to RS
(Residential Single Family)
Representative Uses in RS single family dwellings, golf
courses, membership recreation
clubs, cluster housing, mobile
home park (with specific use
permit)
Purpose construct new single family
residence
Existing Zoning GC-MD (General Commercial -
Multiple Dwelling)
Locat on 2876 Kitchner
Size 124 x 113. 5, 0. 2 acre
Existing Land Use vacant
Surrounding Zoning and Land Use north - GC-MD, vacant
east - GC-MD, vacant
south - GC-MD, residential
west - (across Kitchner) GC-MD,
vacant
Physical Features property exceeds minimum RS
lot size
Comprehensive Plan Stable Area
Page 893-Z
GC-MD to RS
Page 2
SPECIAL INFORMATION
Public Utilities Sanitary Sewer: 6 inch line
Storm Drainage: open ditch to
north
Water: 6 inch line
Streets Kitchner is designated as a
local street and has a 40-font
right-of-way and 14-foot pave-
ment.
Fire Protection Station #2, Wilson and Ironton
ANALYSIS
Surrounding land uses demonstrate that existing GC-MD zoning is
inappropriate at the subject location.
The request will create no adverse effects on surrounding land
owners.
The request is in accordance with the comprehensive plan.
Kitchner is a local street with no commercial uses.
RECOMMENDATION r
The staff recommends approval of the request. The recommendation
is based on:
- Kitchner is a local residential street;
- surrounding land uses are contrary to GC-MD zoning; and
- the request is in accordance with the comprehensive plan.
PUBLIC NOTIFICATION AND RESPONSE
Notices Mailed to Property Owners 17
Responses in Favor of Request
Responses Opposed to Request
TO: City Council
FROM: Planning Department
SUBJECT: Summary of Planning Commission action on request for zone
change from GC-MD to RS on property located at 2876
Kitchner (893-Z) ; November 21, 1983.
GENERAL INFORMATION
Applicant Elvinia Mahoney
Requested Action zone change from GC-MD (General
Commercial - Multiple Dwelling)
to RS (Residential Single
Family)
Purpose construct new single family
residence
Location 2876 Kitchner
Size 124 x 113. 5, 0. 2 acre
PLANNING STAFF RECOMMENDATION =
The staff recommended approval of the request on the basis that
Kitchner is a local residential street, surrounding land uses are
contrary to the GC-MD zoning and the request is in accordance with
the comprehensive plan.
PLANNING COMMISSION RECOMMENDATION
The Planning Commission recommended approval of the request by a
vote of 6 to 0.
PUBLIC NOTIFICATION AND RESPONSE
Notices Mailed to Property Owners - 17
Responses in Favor of Request 2
Responses Opposed to Request 1
FILE 893-Z. REOUEST FOR ZONE CHANGE
GC-t1D TO RS DISTRICT LOCATED {
2 - _
6,9 ce as • I 2876 KITCHNER.?I AOrR
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0 CO
' f V
NO-
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 FROM
GC-MD (GENERAL COMMERCIAL - MULTIPLE DWELLING)
DISTRICT TO RS (RESIDENTIAL SINGLE FAMILY)
DISTRICT ON PROPERTY LOCATED AT 2876 KITCHNER;
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 30-5B thereof, is hereby amended by changing the zoning
classification from GC-MD (General Commercial - Multiple Dwelling)
District to RS (Residential Single Family) District on property
located at 2876 Kitchner, as shown on Exhibit "A" attached hereto and
made a part hereof for all purposes, and the official zoning map of
the City of Beaumont is hereby amended to reflect such changes.
Section 2.
That in all other respects the use of the property
hereinabove described shall be subject to all of the applicable
regul-ations 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
day of 19
Mayor -
doom
- 2 -
10.
December 2, 1983
Council Letter 171
Honorable Mayor and
Members of City Council
Subject: Request for Zone Change on East Side of Major Drive
A request from Karl Kohler for a zone change from RS (Residential Single
Family) to RM-H (Residential Multiple Family High-Density) for property
located 1,300 feet south of Gladys on the east side of Major Drive was re-
viewed at the joint public hearing of the Planning Commission and City Council
on November 21, 1983. The Planning staff recommended approval of the request
on the basis that the request is consistent with land use principles for
locating high-density multiple family zoning on major arterials; utilities
are adequate, and the request is consistent with the Comprehensive Plan.
One response opposed to the request was received out of the 13 notices mailed
to property owners. The Planning Commission recommended approval of the
request by a vote of 5 to 0.
It is recommended that this request be approved.
a-"-k 1 otu
Karl Nollenberger
City Manager
TO: Planning Commission and City Council
FROM: Planning Department
SUBJECT: Request for zone change from RS to RM-H for property
located 1300 feet south of Gladys on the east side
of Major Drive; scheduled for joint public hearing
on November 21, 1983.
* STAFF REPORT
GENERAL INFORMATION 896-Z
Applicant Carl Kohler
Status of Applicant engineer for owner, Sam C.
Parigi , Jr.
Requested Action zone change from RS to RM-H
(Residential Multiple Family-
High Density)
Representative Uses in RM-H single family dwellings,
two family dwellings , multi-
family dwellings, cluster
housing, home occupations
Purpose apartment development
Existing Zoning RS (Residential Single Family)
Location 1300 feet south of Gladys on
the east side of Major Drive
Size 6. 9 acres (250 x 1200)
Existing Land Use vacant
Surrounding Zoning and_Land Use north - RM-H, townhomes
east - RS, 75-foot drainage
ditch
south - RS, single family
west - (across Major) RM-H;
apartments
Physical Features eastern boundary is drainage
easement
Comprehensive Plan Stable Area
File 896-Z
RS to RM-H
Page 2
SPECIAL INFORMATION
Sanitary Sewer: 54 inch line
Public Utilities in Major
Storm Drainage: to Drainage
District #6 ditch on
east
Water: 24 inch line in Major
Streets Major Drive is designated as _
a major arterial and has a30-
150-foot right-of-way
foot pavement.
Fire• Protection Station #9 , 7010 Gladys
ANALYSIS
The request is consistent with the land use principle which
states that high density multi-family should be located along
major streets.
Existing utilities are adequate to support multi-family develop-
ment.
The subject property is bordered by RM-H zoning to the north '
and west.
The request is in accordance with the comprehensive plan.
RECOMMENDATION
The staff recommends approval of the request. Approval is based
on:
the request is consistent with land use principles for locating
high density multi-family on major arterials ;
- utilities are adequate; and
- the request is consistent with the comprehensive plan.
PUBLIC NOTIFICATION AND RESPONSE
FMailed to Property Owners 13
es in Favor of Request
Responses Opposed to Request
TO:
City Council
Planning Department
FROM: action on request or
of Planning C' RM-H on located
• Summary g for property Drive
SUBJECT• e. from RS to Rt side of Major
zone Chang f Gladys on the east
feet southo enber 21, 1983'
,,96-Z) ;
GENERAL INFORMATION
Carl Kohler
Applicant a from RS (Resi-
zone Chang le Family) to
dential Sing
Requested Action a (Residential Multiple
Family - High Density)
apartment development
Purpose 1300 feet south of Gladys on
Location the east side of Major Drive
6 .9 acres (250 x 1200)
Size
PLANNING STAFF RECOMMENDATION
royal of the request on the basis that
principles for locating
The staff recommended approval
arterials, utilities are plan.
the request is consistent with use P the comprehensive p
high density multi-f
q
uate, and the request is consistent with
PLANNING COMMISSION RECONDATION
royal of the request by a
aPP
The Planning Commission recommended
vote of5to0.
PUBLIC NOTIFICATION AND RESPONSE
Notices Mailed to Property Owners 13
Request
0
Responses in Favor of Req 1
Responses Opposed to Request
FILL 896-Z. REQUEST FOR ZONE CHANGE
RS TO RTT7- ON PROPERTY LOCATED 1300
• -- FEET SO\ OF GLADYS ON-MAJOR-DR.
-
�_
PLLC NT;RP q CARL KOHLER
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if NTS
Ilu GLADYS \ I. . ••a '•' •l•O►/ 1•1-. 1
RM—HD,, 2 .
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At
51WIL of
It 411b
NO ��
ORDINANCE NO.
f
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 FROM RS
(RESIDENTIAL SINGLE FAMILY) TO RM-H (RESIDENTIAL
MULTIPLE DWELLING - HIGH DENSITY) DISTRICT ON
PROPERTY LOCATED ON THE EAST SIDE OF MAJOR
DRIVE APPROXIMATELY 1300 FEET SOUTH OF GLADYS;
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 30-5B thereof , is hereby amended by changing the zoning
classification from RS (Residential Single Family) District to RM-H
(Residential Multiple Dwelling-High Density) District on property as
shown on Exhibit "A" attached hereto and made a part hereof for all ,
purposes, and the official zoning map of the City of Beaumont is
hereby amended to reflect such changes.
Section 2 .
That in all other respects the use of the property
hereinabove described shall be subject to all of the applicable
regulations contained in Chapter 30 of the Code of Ordinances of
Beaumont, Texas, as amended.
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
day of 19
Mayor -
- 2 -
14
11.
December 2, 1983
Council Letter 183
Honorable Mayor and
Members of City Council
hange and a Specific Use Permit at 695 Chamber-
Subject: Request for Zoning C
lin
he re uest for a zoning change from R-3 (Modifiend theFissuance lofpaeSpecific g)
T 4
to GC-MD (General Commercial-Multiple Dwelling a
Use Permit for property located at 695 Chamberlin was considered at a joint
_
public hearing of the Planning Commission and the City Council on
vember 21st.
The applicant, John Palumbo, made the requests
food sales warehouse.
The Planning staff recommended approval of the zone change on the basis that
GC-MD (General Commercial-Multiple Dwelling) will act as a buffer. The staff
also recommended that the Specific Use Permit be approved as all the eight
conditions required were met. The Planning Commission concurred in the recom-
mendation of the requests.
It is recommended that the requests be approved.
Karl Nol 1 enberger
City Manager
r
TO: Planning Commission and City Council
FROM: Planning Department
SUBJECT: Request for zone change from R-3 to GC-MD and a specific
use permit to establish a snack food sales warehouse at
695 Chamberlin; scheduled for joint public hearing on
November 21, 1983.
* STAFF REPORT
GENERAL INFORMATION V 9 V+Z/p
Applar�nt John F. Palumbo
Stag:= of Applicant prospective buyer
Requested Action zone change from R-3 to GC-MD
(General Commercial - Multiple
Dwelling) and a specific use
permit
Purpose establish a snack food sales
warehouse
Existing Zoning R-3 (Modified Two Family and
Multiple Dwelling)
Locar;on 695 Chamberlin
Size 100 x 399 , 0. 91 acres
Existi:ig Land Use vacant
Surrounding Zoning and Land Use north - R-3, commercial
east - HI , scrap metal salvage
yard
south - GC-MD, commercial
west - (across Chamberlin) R-3,
` single family residence
Physical Features 100 feet of frontage
Comprehensive Plan Stable Area
SPECIAL INFORMATION
Public Utilities Sanitary Sewer: 8 inch line
Storm Drainage: open ditch in
Chamberlin
Water: 2 inch line
898-Z/P
R-3 to GC-MD and SUP
Page 2
SPECIAL INFORMATION (cont'd)
Streets Chamberlin is designated as
a local street and has a 60-
foot right-of-way and 18-foot
pavement.
Fire Protection Station #6 , 1155 Glendale
ZONE CHANGE:
ANALYSIS
- Although Chamberlin is a local street it carries commercial
traffic from Maitland on the north and College on the south.
This forces residential traffic from Chamberlin to be at a
disadvantage.
- Uses in a more restrictive district (RM-H, RM-M, RS) would suf-
fer detrimental environmental effects (noise, fumes , vibrations)
of light and heavy industrial uses to the east and north.
- The eight R-3 zoned lots on Chamberlin exceed GC-MD minimum
area requirement.
- GC-MD zoning will allow development of commercial uses of a
lesser intensity than those allowed in LI or HI districts.
This is consistent with the comprehensive plan.
- All of the other effects of commercial development are already
present. A change to GC-MD would not have a marked change in
existing use patterns.
- The request for GC-MD is in accordance with the comprehensive
plan.
RECOMMENDATION
The staff recommends approval of the request for GC-MD. Recommenda-
tion is based on:
- GC-MD will buffer land uses on Chamberlin; and
- a change to GC-MD is consistent with the comprehensive plan.
i
• a��a—z/P
R-3 to GC-MD and SUP
Page 3
SUP:
ANALYSIS
See Specific Use. Permit Review.
RECOMMENDATION
Staff recommends approval of the specific use permit based on the
applicant' s compliance with the eight conditions necessary for
approval.
PUBLIC NOTIFICATION AND RESPONSE
Notices Mailed to Property Owners 11
Responses in Favor of Request.
Responses Opposed to Request
SPECIFIC USE PERMIT REVIEW
898-2;/P
ORDINANCE REQUIREMENTS
. PROPOSAL
- office and warehouse for
1 Description of processes and--"'----- snack food distributor;
activities. 3 salesmen; Monday-Friday,
7-8 a.m. and 1-3 p.m.
area covered by site Lot 8 , Block 4 , Caldwood
=B,'%�dwai ies of a Acres, 100 x 393, 0. 91
th dimensi ons. acre
3. Existing and proposed building
locations with: one
- number of stories;
_______________ 14 feet
height; ------------- -------------- 3000 sq. ft.
�- gross floor area; -' __-
__ -- from Chamberlin
- entrances and exits. -'-"'----
r4 . Existing drainage locations and ---'-'-
-- to open ditch in Chamberlin
direction of flow.
app i.cant s ows natural
5. Proposed landscaping and screening tree line on southern
buffers. property line
6. Location and dimensions of:
- curb cuts (existing
and proposed) $" --two at 12' each
- public and private streets, showing --Chamberlin: 60 ' right-of-
rights-of-way widths; way; 181 pavement
- narking and loading
areas;------------
--- - parking for 6 cars
__ none
- pedestrian walks; - -' _____security light at front and
-- exterior lighting; --- ---- rear
- trash storage locations; --
_______none
'7, Fences or screening provisions -- --none
- showing location, type and height.
8. Sign height, location and dimensions.----none
898-Z/P
CONDITIONS FOR APPROVAL: A Specific Use Permit shall b
a 1 o e o lowing conditions have beep found; a issued only if
1) That the specific use will be compatible with and not
inurious
use and enjoyment of other property, nor significantly diminish or the
impair property values within the -immediate vicinity;
Surrounding residentially developed area will be partial
buffered from HI use east of Chamberlin. partially
will be considered for rezoning thin6 m months
properties
improve property values. - this will
2) That the establishment of the specific use will not impede
and orderly development and improvement of surrounding vacante ropert
Surrounding vacant T.ropert Property;
effects. y. zoned GC-MD will feel no adverse
Abutting lot to north is owned by applicant's
seller.
3) That adequate utilities, access road, drainage and other n
supporting facilities have been or will be provided; ecessary
Existing utilities and drainage are adequate for proposed
use.
4) The design, location and arrangement of all driveways and
provides for the safe and convenient movement of vehicular pand�nedestria
traffic without adversely affecting the general p pedestrian
developments; public or adjacent
Parking and driveway area meets requirements.
5) That adequate nuisance prevention measures have been or Will
to prevent or control offensive odor, fumes, dust, noise and be tto
None of the five environmental nuisances are associatedn;
with the proposed use.
6) That directional lighting -will be provided s
versely affect neighboring o as not to disturb or ad-
properties;
Security"lighting will be located above front and rear
entrances. Neighboring properties will not be adversely
versel Y
7) That there are sufficient landscaping and screenin
compatibility with adjacent property; 9 to insure harmony and
Proposed landscaped area shown on site plan is adequate
for proposed use. q to
8) That the proposed use is in accordance with
The request is in accordance with the hcomm plan;
comprehensive ensive plan.
TO: City Council '
FROM: Planning Department
SUBJECT: Summary of Planning Commission action on request for
zone change fa°snack food Csalesn specific
to establish
warehouse at 695 Chamber-
lin (898-Z/P) ; November 21, 1983
GENERAL INFORMATION
Applicant John F. Palumbo
Rer,-Qsted Action, zone change from R-3 (Modified
Two Family and Multiple
Dwelling) to GC-MD (General
Commercial - Multiple Dwelling)
and a specific use permit to
establish a snack food sales
warehouse
Location 695 Chamberlin
Size 100 x 399 , 0.91 acres _^
PLANNING STAFF RECOMMENDATION
The staff recommended approval of the request for GC-MD on
'the basis that GC-MD will buffer land uses on Chamberlin and a
change to GC-MD is consistent with the comprehensive plan. Staff
recommended approval of the specific use permit on the basis that
the applicant- has complied with the eight conditions necessary for
specific use permit approval.
PLANNING COMMISSION RECOMMENDATION
FThe tPlanning commission recommended approval of the request by a
e of 5 to 0.
PUBLIC NOTIFICATION AND RESPONSE
Notices Mailed -to Property Owners 11
Responses in Favor of Request 2
Responses Opposed to Request 0 _
ALE 898-Z/P. REQUEST FOR ZONE ChkH ,
- AND A S.U.P. FOR A CFFIC
r= • AND RETAIL WA
REHOUSE LOCATED 695
CHAMBERLIN.
APPLICANT; ANTHQNY F. PALUMB0
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NO-
ORDINANCE NO.
ENTITLED AN ORDINANCE- AMENDING QHAPTER 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 FROM R-3
(MODIFIED TWO FAMILY AND MULTIPLE DWELLING)
DISTRICT TO GC-MD (GENERAL COMMERCIAL - MULTIPLE
DWELLING) DISTRICT ON PROPERTY LOCATED AT 695
CHAMBERLIN; 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 30-5B thereof, is hereby amended by changing the zoning
classification from R-3 (Modified Two Family and Multiple Dwelling)
District to GC-MD (General Commercial-Multiple Dwelling) District on
pronP, 3,-y located at 695 Chamberlin, as shown on Exhibit "A" attached
here-,-C, and made a part hereof for all purposes, and the official
:>1- ' -inap of the City of Beaumont is hereby amended to reflect such
chanyes.
Section 2 .
That in all other respects the use of the property
hereinabove described shall be subject to all of the applicable
regulations contained in Chapter 30 of the Code of Ordinances of
Beaumont, Texas, as amended.
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 ai-ty 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
ordinancc 0-hall, upon conviction, be punished as provided in Section
1-8 of -'a Code of Ordinances of Beaumont, Texas.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the
day of 19
- Mayor -
' - 2 -
,..J'R-.FT-,_,t✓[�.�� ilk L... k_.. ft''
NO.--.-----'�`�---
i
ORDINANCE NO.
ENTITLED AN ORDINANCE ISSUING A
SPECIFIC USE PERMIT TO ESTABLISH
OFFICES AND A PRODUCT STORAGE
WAREHOUSE ON PROPERTY LOCATED AT
695 CHAMBERLIN.
WHEREAS, the Planning and Zoning Commission of the City of
Beaumont considered the issuance of a specific use permit to
establish offices and a product storage warehouse on property located
at 695 Chamberlin, Beaumont, Jefferson County , Texas, to John F .
Palumbo, purchaser, his legal representatives, successors, and
assigns for that certain property hereinafter described; and,
WHEREAS, the City Council is of the opinion that the
issuance of such specific use permit is in the best interest of the
City of Beaumont and its citizens, subject to the hereinafter
described conditions;
NOW, THEREFORE, BE IT ORDAINED BY THE —
CITY OF BEAUMONT:
Section 1.
That all conditions necessary for issuance of a specific
use permit have been met and a specific use permit to establish
offices and a product storage warehouse- on .property located at 695
Chamberlin, Beaumont, Jefferson County , Texas, in accordance with
Section 30-26 and Section 30-40 of the Code of Ordinances of the City
of Beaumont, as amended, is hereby granted to John F. Palumbo,
purchaser, his legal representatives, successors and assigns for that
certain tract described on Exhibit "A" attached hereto and made a
part hereof for all purposes.
Section 2 .
That the specific use permit herein granted is expressly
issued for and in accordance with each particular and detail of the
site plan attached hereto as Exhibit "B" and made a part hereof for
all purposes.
PASSED BY THE CITY COUNICIL of the City of Beaumont this the
day of 19
Mayor -
2 -
12.
December 2, 1983
IA
Council Letter 175
Honorable Mayor and
Members of City Council
Subject: Request for Zone Change and Specific Use Permit at 8450 Highway 105
A request by Mark Busceme for a zone change from RM-M (Residential Multiple
Family-Medium Density) to RM-M (Residential Multiple Family-High Density) and
a Specific Use Permit at 8450 Highway 105 was reviewed on November 21, 1983,
at the joint public hearing of the Planning Commission and City Council .
The Planning staff recommended approval of the request for the zoning change
on the basis that utilities are adequate and the request is consistent with
the comprehensive plan. Approval of the Specific Use Permit was made on the
basis that the applicant satisfied the eight conditions necessary for
Specific Use Permit approval . The Planning Commission recommended approval of
the request by a vote of 6 to 0.
It is recommended that this request be approved.
�- ,Q_t4
Karl Nollenberger
City Manager
TO:
Planning Commission and City .Council
FROM: Planning Department
SUBJECT: Request for zone change from RM-M to RM-H and a specific
use permit to establish a horticultural landscaping and
retail sales business on property located at 8450 Highway
105; scheduled for joint public hearing on November 21,
1983.
* STAFF REPORT
GENERAL INFORMATION 89 1 _Z/P.
Applicant Mark Busceme
Status of Applicant prospective leasee; owner is
Don Streety
Requested Action 1. zone change from RM-M to
RM-H (Residential Multiple
Family - High Density)
2. specific use permit for
horticultural specialties
and retail sales
Existing Zoning RM-M (Residential Multiple _
Family - Medium Density)
.. Location 8450 Highway 105
Size 1. 04 acres
Existing Land Use vacant
Surrounding Zoning and Land Use north
- RSandvac vacant
ant
south - (across -Highway 105) R3,
single family
west - RM-M, vacant
Physical Features 130 feet of frontage on Highway
105
Comprehensive Plan Neighborhood Growth Unit
891-L/P
RM--M to RM-H and SUP
Page 2
SPECIAL INFORMATION
Public Utilities Sanitary Sewer: 6 inch line in
Highway 105
Storm Drainage: to open ditches
in Highway 105 then east
Water: 8 inch line in Highway
105
Streets Highway 105 is designated as
a major arterial and has a
120-foot right-of-way and 40-
foot pavement.
Fire Protection Station #8, 6297 Highway 105
ZONE CHANGE :
ANALYSIS
- The request is consistent with land use principles which state
that high density multi-family uses should be located along
major arterials .
- Utilities are adequate for possible high density multi-family
uses.
The request is consistent with the comprehensive plan.
RECOMMENDATION
Staff recommends approval of the request for RM-H. The recommenda-
tion is based on:
- utilities are adequate; and
- request is consistent with comprehensive plan.
SUP:
ANALYSIS
LSee-Specific Use Permit Review.
RECOMMENDATION
Staff recommends approval of the request based on the applicant 's
compliance with the eight conditions necessary for specific use
permit approval.
. 891-Z/p
RM-M to RM N and SUP-
Page 3
PUBLIC NOTIFICATION AND RESPONSE -
�
Notices Mailed to Property Owners
Responses in Favor of Request
Responses Opposed to Request
SPECIFIC USE PERMIT REVIEW
891_Z/F'
ORDINANCE REQUIREMENTS
PROPOSAL ••
processes and----'- ---retail plant nursery: Dela-
l. DE_scription of p ware Gardens; 9 a.m.-6 p.m. ;
activities. 7 days; 4 full-time employees ;
2 part-time
2. Boundaries of area covered by site------127 x 360 ; 1.04 acres
plan with dimensions.
3. Existing and proposed building
locations with: 2 single story
- number of stories; ----'
-----
---26 feet
-• height; ------------ 60 x 40 greenhouse
-• gross floor area; ----' 30 x 30 main building 105
-- entrances and exits. ----
____---------entrance/exit from Hwy.
-south to open ditch in
4. Existing drainage locations and -------- Highway 105
direction of flow-
5. roposed landscaping and screening ening - no proposal
buffers.
6. Location and dimensions of: 2 at 20 feet each
- curb cuts (existing
and proposed)'--
- public and private streets , showing --Hwy. 105 : 120 ' row, 40 '
rights-of-way widths; pavement
areas;------------9 parking spaces
parking and loading 4ft. at main building
- pedestrian walks; ----------
-- 6ft. at rear
-- exterior lighting; -------------------* (see below)
- trash storage locations; ----
------6 x 4 trash bin
c a in wi pane 4
�. Fences or screening provisions ----------weave surrounding rear;
showing location, type and height. wooden rail fence on front
and s and w st sides
8. Sign height, location and dimensions.---- 12 ft. cat frxnt center
s and at front entrance
*flood lamps above outdoor display area
891-Z/P
(CONDITIONS FOR APPROVAL: A Specific Use Permit shall be issued only if
all of the following conditions have been found:
FA
1) That the specific use will be compatible with and not injurious to the
use and enjoyment of other property, nor significantly diminish or
impair property values within the immediate vicinity;
Residential uses south of Highway 105 have over 200 feet of
separation. The proposed nursery is low intensity use which
is not characteristically injurious to enjoyment of resi-
dential properties.
2) - That the establishment of the specific use will not impede the normal
and orderly development and improvement of surrounding vacant property;
Surrounding vacant properties are zoned RM-M. Proposed
nursery will not impede multi-family development.
3) That adequate utilities, access road, drainage and other necessary
supporting facilities have been or will be provided;
Existing utilities are adequate for proposed use.
-4) - The design, location and arrangement of all driveways and parking spaces
provides for the safe and convenient movement of vehicular and pedestrian
traffic without adversely affecting the general public or adjacent
developments;
Driveways and parking satisfy ordinance requirements.
5) That adequate nuisance prevention measures have been or will be taken
to prevent or control offensive odor, fumes, dust, noise and vibration;
Proposed use does not generate any of the five environmental
nuisances.
6) That directional lighting will be provided so as not to disturb or ad-
versely affect neighboring properties; _
Proposed outdoor security lighting will not affect neighboring
properties.
7) That there are sufficient landscaping and screening to insure harmony and
compatibility with adjacent property;
Applicant' s alternative fencing is adequate screening for
nursery use. Additional landscaped buffer is unnecessary.
8) That the proposed use is in accordance with the comprehensive plan;
Retail plant nurseries are allowed in RM-H district with
specific use permit. Request is in accordance with compre-
hensive plan.
PTO: City Council
FROM: Planning Department
SUBJECT: Summary of Planning Commission action on request for zone
change from RM-M to RM-H and a specific use permit to
establish a horticultural landscaping and retail sales
business on property located at 8450 Highway 105 (891-Z/P) ;
November 211 1983.
GENERAL INFORMATION
Applicant Mark Busceme
Requested Action zone change from RM-M (Resi-
dential Multiple Family -
Medium Density) to RM-H (Resi-
dential Multiple Family - High
Density) and a specific use
permit for horticultural
specialities and retail sales
Location 8450 Highway 105
Size 1. 04 acres
PLANNING STAFF RECOMMENDATION
The staff recommended approval of the request for the zone change
on the basis that utilities are adequate and the request is con-
sistent with the comprehensive plan. Staff recommended approval ,
of the specific use permit on the basis that the applicant satis-
fied t:.e eight conditions necessary for specific use permit approva? .
PLANNING COMMISSION RECOMMENDATION
The Planning Commission recommended approval of the request by a
vote of 6 to 0. _j
PUBLIC NOTIFICATION AND RESPONSE
F tices Mailed "to Property Owners 7
sponses in Favor of Request 1
Responses Opposed to Request 0
LL 6,1`L/ �4 L i 'JA LOI'.L
RM-H TO RM-H�DISTRICT AND A S.U.P. '
ON 1.04 ACRE LOCATED 8450 HIGHWAY 105.
APPLICANT: MARK BUSCEME
n
s
RS "200
700'
RM — M
subject
F"A-^
"
srx r NIGHaar
state Hi hwa 105
127
-
i I
s of •i sr a Ar of AV
TOLi R
TOLIVAR
RS _
rA
NO- �R !!sm
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 FROM
RM-M (RESIDENTIAL MULTIPLE DWELLING - MEDIUM
DENSITY) DISTRICT TO RM-H ( RESIDENTIAL MULTIPLE
DWELLING - HIGH DENSITY) DISTRICT ON PROPERTY
LOCATED AT 8450 HIGHWAY 105; 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 30-5B thereof, is hereby amended by changing the zoning
classification from RM-M (Residential Multiple Dwelling - Medium
Density) District to RM-H (Residential Multiple Dwelling - High
Density) District on property located at 8450 Highway 105, as shown, 1
on Exhibit "A" attached hereto and made a part hereof for all
purposes, and the official zoning map of the City of Beaumont is
hereby amended to reflect such changes.
Section 2.
That in all other respects the use of the property
hereinabove described shall be subject to all of the applicable
regulations contained in Chapter 30 of the Code of Ordinances of
Beaumont, Texas, as amended.
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
day of 19
- Mayor -
2 -
ORDINANCE NO.
ENTITLED AN ORDINANCE FOR THE ISSUANCE OF
A SPECIFIC USE PERMIT TO ESTABLISH A
HORTICULTURAL LANDSCAPING AND RETAIL
SALES BUSINESS ON PROPERTY LOCATED AT
8450 HIGHWAY 105.
WHEREAS, the Planning and Zoning Commission of the City of
Beaumont considered the issuance of a specific use permit to
establish a horticultural landscaping and retail sales business on
property located at 8450 Highway 105, Beaumont, Jefferson County,
Texas, to Mark Busceme, lessee, his legal representatives,
successors, and assigns for that certain property hereinafter
described; and,
WHEREAS, the City Council is of the opinion that the
issuance of such specific use permit is in the best interest of the
City of Beaumont and its citizens, subject to the hereinafter
described conditions;
NOW, THEREFORE, BE IT ORDAINED BY THE
CITY OF BEAUMONT:
Section 1.
That all conditions necessary for issuance of a specific
use permit have been met and a specific use permit to establish a
horticultural landscaping and retail sales business on property
located at 8450 Highway 105, Beaumont, Jefferson County, Texas, in
accordance with Section 30-26 and Section 30-40 of the Code of
Ordinances of the City of Beaumont, as amended, is hereby granted to
Mark Busceme, lessee, his legal representatives, successors and
that certain tract described Exhibit A attached ,
hereof for all purposes*
assigns for
• hereto and made a Part
S�i°!' eXpressly
use permit herein granted is
the specific u detail of
the
That with each particular and
red for and in accordance
art hereof for
issued hereto
as Exhibit "B" and made a P
site plan attached her
a 1,L purposes. COUNCIL of
tl�e City of Beaumont this the
PASSED BY THE CITY
day of
Mayor _
2
r
13.
December 2, 1983
Council Letter 181
Honorable Mayor and
Members of City Council
Subject: Request for Zoning Change on 10-Acre Tract on Walden Road
The request for a zoning change on Walden Road from AR (Agricultural Resi-
dential) to LI (light Industrial) on a 10-acre tract located approximately
3,300 feet west of I-10 and the Walden Road intersection was considered on
November 21, 1983 at a joint public hearing of the Planning Commission and
City Council . The applicant, John Felton, has made the request in order to
construct an operations center for Drainage District 6.
The Planning Department recommended approval and the Planning Commission
unanimously endorsed the request.
It is recommended that the request be approved.
Karl Nollenberger
City Manager
TO: Planning Commission and City Council
Planning Department
FROM: 9
P
SUBJECT: Request for zone change from AR to LI on a 10-acre
tract located approximately 3300 feet west of I-10 South
on the north side of Walden Road; scheduled for joint
public hearing on November 21, 1983.
* STAFF REPORT
GENERAL INFORMATION 895-Z
Applicant John H. Felton
Status of Applicant agent for owner J. C. Chance,
Jr.
Requested Action zone change from AR to LI
(Light Industrial)
Representative Uses in LI veterinary services , land-
scaping services, oil and gas
extraction, building construc-
tion contractors , metalworking:
machinery and equipment, con-
crete, gypsum, and plastic
product manufacturers
Purpose office, operations and vehicle
maintenance center for county
drainage utility
Existing Zoning AR (Agricultural Residential)
Location approximately 3300 feet west
of I-10 South on the north side
of Walden Road
Size 1244 x 350 , approximately 10
acres
Existing Land Use north - AR, vacant
east - AR, vacant
south - AR, vacant
west - AR, vacant
Physical Features drainage easement forms part
of northern boundary of tract
Comprehensive Plan Industrial
895-Z
AR• to LI
Page 2
SPECIAL INFORMATION
Public Utilities Sanitary Sewer: 72 inch line
Storm Drainage: to drainage
ditch near eastern
property line
Water: 12-inch line
Streets Walden Road is designated as
a major arterial and has a
60-foot right-of-way and 24-
foot pavement.
Fire Protection Station #10, 3855 Washington
ANALYSIS
- Subject property is a 10-acre tract with 350 feet of frontage
on Walden. A drainage ditch forms a portion of the northern
boundary.
- Existing utilities in Walden Road are adequate for the proposed
use.
- The applicant' s site will establish the western boundary of a
major industrial area of the comprehensive plan and is in
compliance with the plan.
RECOMMENDATION
,.staff recommends approval of the request based on:
C
existing utilities are adequate for proposed use; and
the request is in compliance with the comprehensive plan.
PUBLIC-NOTIFICATION AND RESPONSE
Notices Mailed to Property Owners 6
Responses in Favor of Request
Responses Opposed to Request
TO: City Council
FROM: Planning Department
SUBJECT: Summary of Planning Commission action on request for
zone change from AR to LI on a 10-acre tract located
approximately 3300 feet west of I-10 South on the north
side of Walden Road (895-Z) ; November 21, 1983.
GENERAL INFORMATION
Applicant John H. Felton
Requested Action zone change from AR (Agri-
cultural Residential) to LI
(Light Industrial) -
Purpose office, operations and vehicle
maintenance center for county
drainage utility %
Location approximately 3300 feet west
of I-10 South on north side
of Walden Road
Size 1244 x 350 , approximately •10
acres
PLANNING STAFF RECOMMENDATION
The staff recommended approval of the request on the basis that
existing utilities are adequate for proposed use and the request
is in accordance with the comprehensive plan.
PLANNING COMMISSION RECOMMENDATION
The Planning Commission recommended approval of the request by a
vote of 5 to 0.
PUBLIC NOTIFICATION AND. RESPONSE
Notices Mailed to Property Owners 6
Responses in Favor of Request letter containing 6 signatures
Responses Opposed to Request 1
_,�..�__._:...,_._.. _._ _- - '- •__..._. .. __. t 1 L L
TR-M-U-ON PROPERTY LOCATED 3300
FEET W. OF I-10 ON N. OF WALDEN ROAD
APPLICANT: JOHN H. FELTON
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ORDINANCE NO. E
1
ENTITLED AN ORDIN"CE 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 FROM AR
(AGRICULTURAL RESIDENTIAL) DISTRICT TO LI ( LIGHT t
INDUSTRIAL) DISTRICT ON PROPERTY LOCATED
APPROXIMATELY 3300 FEET WEST OF I-10 SOUTH ON
THE NORTH TYDEPROVIDING WALDEN
FORAREPEAL ANDPROVIDING
PROVIDING
SEVERABILI ±;
A PENALTY. k
t
BE IT ORDAINED BY THE CITY OF BEAUMONT: j
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 30-5B thereof , is hereby amended by changing the zoning
classification from AR (Agricultural Residential) District to LI
( Light Industrial) District on property as shown on Exhibit "A"
attached hereto and made a part hereof for all purposes, and the
official zoning map of the City of Beaumont is hereby amended to
reflect such changes.
Section 2.
That in all other respects the use of the property
hereinabove described shall be subject to all of the applicable
regulations contained in Chapter 30 of the Code of Ordinances of
Beaumont, Texas, as amended.
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 E
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 . j
That any person who violates any provision of this
s
ordinance shall, upon conviction, be punished as provided in Section
1-8 of the Code of Ordinances of Beaumont, Texas.
i
PASSED BY THE CITY COUNCIL of the City of Beaumont this the
day of 19 '
i
P
i
S
F
Mayor - {
i
- 2 -
14.
December 2, 1983
Council Letter 182
Honorable Mayor and
Members of City Council
Subject: Request for Zoning Change at 1145 Park Street
The request for a zone change from LI (Light Industrial ) to GC-MD (General
Commercial-Multiple Dwelling) for property located at 1145 Park Street was
considered on November 21, 1983, at a joint public hearing of the Planning
Coinmission and the City Council . The applicant, Clifford Wells, requested
the change in order to replace apartments already existing at this location.
The Planning Department recommended approval on the basis that existing
zoning does not reflect development and the request is consistent with the
Comprehensive Plan.
It is recommended that the request be approved.
14 r
Karl Nollenberger
City Manager
TO: Planning Commission and City Council
FROM: Planning Department
SU13JECT: Request for zone change from LI to GC-MD on property
located at 1145 Park Street; scheduled for joint public
hearing on November 21, 1983.
* STAFF REPORT
GENERAL INFORMATION 889-Z
Applicant Clifford Wells
Status of Applicant property owner
Requested Action zone change from LI to GC-MD
(General Commercial - Multiple
Dwelling)
Representative Uses in GC-MD banks, ulti-family, auto repair,
offices, used car lots, hotels,
department stores and restaurants
Purpose replace existing apartments
Existing Zoning LI (Light Industrial)
Lor,aLiva 1145 Park Street -
Si;t 50 x 150 , 0. 17 acre
Ex:ibt-inn Land Use 6-unit apartment house
Surrounding Zoning and Land Use north - LI, professional offices
east -- LI, professional offices
south - LI , professional offices
west - LI , professional offices
Physical Features two-story apartment house
Comprehensive Plan Central Business District
SPECIAL INFORMATION
Public Utilities Sanitary Sewer: 6 inch line
Storm Drainage:. underground
storm sewer in Park
Water: 12 inch line
File 889-Z
LI to GC-MD
Page 2
SPECIAL INFORMATION (cont'd)
Streets Park is designated as an
arterial and has a 60-foot
right-of-way and 40-foot
pavement.
Fire Protection Station #1, 875 College
ANALYSIS
The applicant/property owner wishes to remodel the existing
apartment house.
Existing zoning is contrary to developed land uses.
GC-MD zoning is consistent with commercial uses in CBD area.
The staff supports development efforts which seek improved
:housing in and around the CBD area.
The request is consistent with the comprehensive plan.
RECOMMENDATION
The staff recommends approval of the request. The recommendation
is ]based on:
existing zoning does not reflect development; and
°- the request is consistent with the comprehensive plan.
PUBLIC NOTIFICATION AND RESPONSE
F ices Mailed to Property Owners 14
Responses in Favor of Request
Responses Opposed to Request
TO,: City Council f •
FROM: Planning Department
SUBJECT: Summary of Planning Commission action on request for
zone change from LI to GC-MD on property located at 1145
Park Street (889-Z) ; November 21, 1983.
GENERAL INFORMATION
Applicant Clifford Wells
Requested Action zone change from LI (Light
Industrial) to GC-MD (General
Commercial - Multiple Dwelling)
Purpose replace existing apartments
Location 1145 Park Street
Size 50 x 150, 0. 17 acre
PLANNING STAFF RECOMMENDATION
Staff recommended approval of the request on the basis that existing
zoning does not reflect development and the request is consistent
with the comprehensive plan.
PLANNING COMMISSION RECOMMENDATION
The Planning Commission recommended approval of the request by a
vote of 6 to 0.
PUBLIC NOTIFICATION AND RESPONSE _
Notices mailed to property owners 14
Responses in favor of request 0
Responses opposed to request 1
FILE 889-Z. REQUEST FOR ZONE CHANGE
\� fi � LI TO GC-MD ON PROPERTY N.W. OF LOT
'� e +°) 4. 267 LOCATED 1145 PARK STREET.
r ,r APPLICANT: CLIFFORD WELLS
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ORDINANCE NO.
• ENTITLED AN ORDINANCE BEAUMONT,CTEXAS,� AND IN THE
CODE OF ORDINANCES OF BE
PARTICULAR THE ICATEDIUPONFTHEEZONINGGMAP OF
LI
(GENERAL
DISTRICTS AS IN
D
BEAUMONT, TEXAS, BY CHANGING THE ZONING FROM
(LIGHT INDUSTRIAL) DpWELLING)GDI TRICTO
COMMERCIAL - MULTIPLE
PROPERTY LOCATED•AT 1145 ARKpRTREPEALPANDIDING
FOR SEVERABILITY . PROVIDING
PROVIDING A PENALTY.
BE IT ORDAINED BY THE CITY OF BEAUMONT:
Section 1 .
T Cha ter 30 of the Code of Ordinances of Beaumont,
THA P
districts as
Texas, and in particular the boundaries of the zoning referred s in
indicated upon the Zoning Map of the City of Beaumont, re
Section
30-5B thereof, is hereby amended by changing the zoning
' ication from LI (Light Industrial) District to GC-MD (Genera
classification located at 1145
Commercial - Multiple Dwelling)
District on property
as shown on Exhibit "A" attached hereto and made a part
Park Street, map of the City of
hereof for all purposes, and the official zoning
ded to reflect such changes.
��Pa.umont is hereby amen
Section 2.
That in all other respects the use of the property
hereinabove described shall be subject to all of the applicable
regulations contained in Chapter 30 of the Code of Ordinances of
Beaumont, Texas, as amended.
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
is
of this ordinance are declared to be severable.
Section 4 .
arts of That all ordina nces or P ordinances in conflict �
herewith are repealed to the extent of the conflict only.
i
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
day of 19
Mayor -
2 -
15 .
December 2, 1983
Council Letter 180
Honorable Mayor and
Members of City Council
Subject: Request for Zone Change on South Street
A request for a zone change from RM-H (Residential Multiple Dwelling-High
Density) to RS (Residential Single Family) for all lots on the north side
of South Street from Royal Purple Drive to Guffey Street, then all area
bounded by Guffey, Smart Street and Royal Purple Drive was considered at
a ,joint public hearing of the' Planning Commission and the City Council on
Mc,, 21, 1983. This request was received from a petition circulated
in the area.
ThePlanning staff recommended approval of the RS (Residential Single
Family) zoning and the Planning Commission approved the request with the
exception of all property with frontage on Smart Street and a 73 x 50 lot
on Seventh Street. These two areas of exemption are to remain RM-H
(Residential Multiple Dwelling-High Density).
It is recommended that the request be approved.
�& 1�
Karl Nollenberger
City Manager
TO: Planning Commission and City Council
FROM: Planning Department
SUBJECT: Request for zone change from RM-H to RS for all lots
on the north side of South Street from Royal Purple
Street to Guffey Street, then bounded by Guffey, Smart
_Street and Royal Purple Drive; scheduled for joint public
hearing on November 21, 1983.
* STAFF REPORT
GENERAL INFORMATION Q Q 7—Z
Applicant Petition VV
Requested Action zone change from RM-H (Resi-
dential Multiple Family -
High Density) to RS (Resi-
dential Single Family)
Representative Uses in RS single family dwellings, golf
courses, membership recreation
clubs, cluster housing, mobil
home park (with specific use
permit)
Existing Zoning RM-H (Residential Multiple
Dwelling - High Density)
Location all lots on north side of South
Street from Royal Purple Street
to Guffey Street, then bounded
by Guffey, Smart Street and
Roayl Purple Drive
Existing Land Use single family and multiple
family
Surrounding Zoning and Land Use north - R-3, residential, some
offices
east - RM-H, residential
south - LI, industrial
west - RM-H, BCP High School
Comprehensive Plan Conservation and Revitalization
File 897-Z
RM,-H to RS
Page 2
SPECIAL INFORMATION
Public Utilities and Streets
ROW/ SANITARY
PAVEMENT WATER SEWER
EAST/WEST
Angelina 60/30 8 - -- '
Pecos 80/2 at 16* 6 --
Rusk 60/30 6 10
Smart 50/16 - 12
South 80/30 8 --
NORTH/SOUTH
Duperior 50/18 6 6
Eighth 60/16 6 12
Minor 60/30-18 6 6
Seventh 60/27 8 -_
*Pecos has a 16-foot median.
Fire Protection Station #7 , 1700 McFaddin
ANALYSIS
- Properties in the petition are predominantly single family
residences; there are some apartment complexes as well as garage
apartments within the area of the petition.
- Section 30-30.D. of the City Code exempts residential uses
existing on April 1, 1983.
- The request is consistent with the comprehensive plan.
RECOMMENDATION
The staff recommends approval of the request for RS zoning.
PUBLIC NOTIFICATION AND RESPONSE
Notices mailed to property owners within study 269
Notices mailed to property owners within 200 feet 57
TO: City Council '
FROM: Planning Department
SU13JECT: Summary of Planning Commission action on request for
zone change from RM-H to RS for all lots on the north
side of South Street from Royal Purple Street to Guffey
Street, then bounded. by Guffey, Smart Street and Royal
Purple Drive (897-Z) ; November 21, 198`3.
GENERAL INFORMATION
Applicant Petition
Requested Action zone change from RM-H (Resi-
dential Multiple Dwelling -
High Density) to RS (Residential
Single Family)
Location all lots on north side of
South Street from Royal Purple
Street to Guffey Street, then
bounded by Guffey, Smart
Street and Royal Purple Drive
PLANNING STAFF RECOMMENDATION
[The staff recommended approval of the request for RS zoning.
PLANNING COMMISSION RECOMMENDATION
The Planning Commission recommended approval of the request with
the exception of property with Smart Street frontage and a 73 x
150 lot on Seventh Street to remain RM-H by a vote of 5 to 0.
PUBLIC NOTIFICATION AND RESPONSE
Notices mailed to property owners within study 269
Responses in favor of proposal 59
Responses opposed to proposal 7
Notices mailed to property owners within 200 feet 57
Responses in favor of proposal 2
Responses opposed to proposal 0
FILE 897-Z. REQUEST FOR ZONE CHANGE
• Iri/ - / / . i • i RN-H TO E DISTRICT IN OAKS ADDITION �
I f r AND PARKDALE ADDITION.
w " " " " •i" " " " " '" " N'" r APPLICANT: PETITION OF RESIDENTS
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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 FROM
RM-H (RESIDENTIAL MULTIPLE DWELLING - HIGH
DENSITY) DISTRICT TO RS (RESIDENTIAL SINGLE
FAMILY) DISTRICT ON PROPERTY BOUNDED BY SOUTH
STREET, GUFFEY, SMART STREET AND ROYAL PURPLE
DRIVE; 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 30-5B thereof, is hereby amended by changing the zoning
classification from RM-H (Residential Multiple Dwelling - High
Density) District to RS (Residential Single Family) District on
property bounded by South Street, Guffey, Smart Street and Royal.
Purple Drive, as shown on Exhibit "A" attached hereto and made a part
hereof for all purposes, and the official zoning map of the City of
Beaumont is hereby amended to reflect such changes.
I
Section 2.
That in all other respects the use of the property
hereinabove described shall be subject to all of the applicable
regulations contained in Chapter 30 of the Code of Ordinances of
Beaumont, Texas, as amended.
Section 3.
That if any section, subsection, sentence, clause or phrase
of this ordinance, or the application of same to a particular set of s
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
day of 19
Mayor -
2 _
16.
December 2, 1983
Council Letter . 176
Honorable Mayor and
Members of City Council
Subject: Request for Specific Use Permit at 35 Minor Street
The request for a Specific Use Permit at 35 Minor Street to grow and sell
rare plants in a RM-H (Residential Multiple Family-High Density) district
was reviewed at the joint public hearing of the Planning Commission and
City Council on November 21, 1983. Notices were mailed to nineteen property
_ owners and four responses were received; three in favor and one opposed.
The Planning staff recommended approval of the request based on the appli-
cant's compliance with the eight conditions necessary for approval of a
Specific Use Permit. The Planning Commission recommended approval of the
request by a vote of 5 to I.
It is recommended that this request be approved.
r`c-nom, N 1 Y
Karl Nollenberger
City Manager
i
TO: .Planning Commission and City Council
FROM: Planning Department
SUBJECT: Request for specific use permit to grow and sell rare
and exotic plants by appointment only in an RM-H district
located at 35 Minor Street; scheduled for joint public
hearing on November 21, 1983.
* STAFF REPORT
GENERAL INFORMATION 892-1
Applicant Bob Whitman
Status of Applicant property owner
Requested Action specific use permit to grow
and sell rare and exotic
plants by appointment
Existing Zoning RM-H (Residential Multiple
Family - High Density)
Location 35 Minor Street
Size 100 x 238, 0. 54 acre
Ex,i sting Land Use residence
Su�L-ounding Zoning and Land Use north - (across Rusk- ---P1 -H,
single family
east - (across Minor) RM-H,
residential, vacant
south - (across Smart) LI ,
commercial
west - RM-H, residential
Physical Features residence faces Rusk, nursery
area faces Minor and Smart
Comprehensive Plan Stable Area
SPECIAL INFORMATION
Public Utilities Sanitary Sewer: 10 inch line
Storm Drainage: 21 inch line
Water: 6 inch line
89 2-]?
Page 2
SPECIAL INFORMATION (cont'd)
Streets Minor and Rusk are designated
as local residential streets
and have 60-foot rights-o€-
way with 18- and 30-foot pave-
ments, respectively.
Fire Protection Station #7, 1700 McFaddin
ANALYSIS
See Specific Use Permit Review.
RECOMMENDATION
EThe staff recommends approval of the request based on the appli-
cant ' s compliance with the eight conditions necessary for specific
use permit approval.
PUBLIC NOTIFICATION AND RESPONSE
Notices Mailed to Property Owners 19 .
Responses in Favor of Request
Responses Opposed to Request
SPECIFIC USE PERMIT REVIEW
892-P
VA ORDINANCE REQUIREMENTS PROPOSAL
1. Description of processes and----'-------- growth and sale of rare and
activities. exotic plants; sales by
appointment only
2. Boundaries of area covered by site------ 100 x 238 ; Lots 1 and 2 and
plan with dimensions. 11 and 12, Block 18, Oaks
Addition
3. Existing and proposed building
locations with:
- number of stories; ------------------- one
- height; ------------------------------ 13 feet
------- 2 buildings at 1188 square
gross floor area; ------------- feet each
- entrances and exits. ----------------- from Smart Street
4. Existing drainage locations and --------- to open ditches in Minor
direction of flow. and Smart Streets
5. Proposed landscaping and screening ------ applicant will grow trees
buffers. and flowering vine on
6. Location and dimensions of:
- curb cuts (existing and proposed) ;'--- one at 12 '
- public and private streets, showing --Minor': 60 ' right-of-way,
rights-of-way widths; 18-foot pavement
narking and loading areas;------------on-street parking on Rusk
pedestrian walks; --------------------none
-- exterior lighting; -------------------none
trash storage locations; -------------none
7. Fences or screening provisions ----------6-foot chain link fence
Showing location, type and height. around entire site
8. Sign height, location and dimensions.----none
892-P
CONDITIONS FOR APPROVAL: A SpeciYic Use Permit shall be issued only if
all of the following conditions have been found:
1) That the specific use will be compatible with and not injurious to the
use and enjoyment of other property, nor significantly diminish or
impair property values within the immediate vicinity;
Location of nursery plants create no impairment or injury
to the use of surrounding residential properties.
2) That the establishment of the specific use will not impede the normal
and orderly development and improvement of surrounding vacant property;
One vacant lot east of the request will experience no ad-
verse effects from the proposed use.
3) That adequate utilities, access road, drainage and other necessary
supporting facilities have been or will be provided;
Existing utilities and drainage are adequate for service to
proposed use.
4) The design, location and arrangement of all driveways and parking spaces
provides for the safe and convenient movement of vehicular and pedestrian
traffic without adversely affecting the general public or adjacent
developments;
Driveways and parking will not affect surrounding traffic
pattern nor restrict access.
5) That adequate nuisance prevention measures have been or will be taken
to prevent or control offensive odor, fumes, dust, noise and vibration;
— Proposed use will not generate any of the five environ-
mental uses.
6) That directional lighting will be provided so as not to disturb or ad-
versely affect neighboring properties; _
No direct lighting proposed.
7) That there are sufficient landscaping and screening to insure harmony and
compatibility with adjacent property;
Applicant will grow trees and flowering vines on western
property line.
8) That the proposed use is in accordance with the comprehensive plan;
Proposed use is in accordance with comprehensive plan.
TO: City Council
FROM: Planning Department
SUBJECT: Summary of Planning Commission action on request for
specific use permit to grow and sell rare and exotic
plants by' appointment only in an RM-H district located
at 35 Minor Street (892-P) ; November 21, 1983.
GENERAL INFORMATION
F plicant Bob Whitman
questAd Action
specific use permit to grow
and sell rare and exotic plants
by appointment only in an RM-H
(Residential Multiple Family-
High bensity) district
Location 35 Minor Street
Size 100 x 238, 0. 54 acre
PLANNING STAFF RECOMMENDATION
The Planning staff recommended approval
the applicant' s compliance with the eight fconditions snecessary nfor
specific use permit approval.
PLANNING COMMISSION RECOMMENDATION
The Planning Commission recommended approval of the request by a
vote of 5 to 1.
PUBLIC NOTIFICATION AND RESPONSE
Notices Mailed to Property Owners 19
Responses in Favor of Request 3 ,
Responses Opposed to Request 1
• o : , , b . - i I • = �K RARE AND EXOTIC PLANTS
LOCATED BLOCK 18, LOTS 1 AND 2, 11 AND
12 IN OAKS ADDITION! AT 35 MINOR ST. 1
r
1APPLICANT: BOB D. WHITMAN
to
1/200
11 10 9 Y •r •... ...� .,
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AN Eft
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ANGELINA
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ORDINANCE NO.
• 4
ENTITLED AN OR
DINANCE PROPERTY
PERMIT TO GROW
LOCATED AT 35 MINOR STREET.
WHEREAS, the Planning and Zoning Commission of the City of
Beaumont considered the issuance of a specific use permit to grow and
sell plants on property located at 35 Minor Street, Beaumont, F
Jefferson County , Texas, to Bob Whitman, owner, his legal
representatives, successors, and assigns for that certain property
hereinafter described; 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; t
f
NOW , THEREFORE, BE IT ORDAINED BY THE
CITY OF BEAUMONT:
Section 1.
That all conditions necessary for issuance of a specific
use permit have been met and a specific use permit to grow and sell
plants on property located at 35 Minor Street, Beaumont, Jefferson
County, Texas, in accordance with Section 30-26 and Section 30-40 of
the Code of Ordinances of the City of Beaumont, as amended, be
granted to Bob Whitman, owner, his legal representatives, successors
and assigns for that certain tract described on Exhibit "A" attached
hereto and made a part hereof for all purposes.
Section 2 .
i
That the specific use permit herein granted is expressly a
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.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the
day of , 19 .
Mayor -
_ 2 _
I
17.
December 2, 1983
'At
Council Letter 172
Honorable Mayor and
Members of City Council
Subject: Request for Specific 'Use Permit at 5480 Washington Boulevard
A request by LECCO Industries for a Specific Use Permit at 5480 Washington
to establish a speciality insulation manufacturing company in a GC-MD
(General :Commercial-Multiple Dwelling) district was reviewed by the Planning
Commission and City Council at a joint meeting November 21, 1983. The pro-
spective owner is Dennis Mott.
The Plag staff originally recommended approval based on seven of eight
conditions necessary for a Specific Use Permit being met. This recommenda-
tion was changed to denial on the basis of information provided at the time
of the public hearing which did not comply with the eight conditions neces-
sary for approval of a Specific Use Permit. Sixteen notices were mailed to
property owners, and one response was received in favor of the request. The
Planning Commission recommended denial of the request by a vote of 5 to 0.
It is recommended that this request be denied.
Karl Nollenberger
City Manager
TO: Planning Commission and City Council
FROM: Planning Department
SUBJECT: Request for specific use permit to establish a specialty
insulation manufacturing contractor in a GC-MD district
at 5480 Washington Boulevard; scheduled for joint public
hearing on November 21, 1983.
* STAFF REPORT
GENERAL INFORMATION 894—P
Applicant LECCO Industries Inc.
Status of Applicant prospective purchaser; owner
is Dennis Mott
Requested Action specific use permit to operate
a specialty insulation manu-
facturing contractor
Existing Zoning GC-21D (General Commercial -
Multiple Dwelling)
Location 5480 Washington Boulevard
Size 355 x 200; 1. 39 acres
Existing Land Use vacant
Surrounding Zoning and Land Use north - RS, vacant, single
family residence
east - (across Chamberlin)
GC-MD, vacant
south - (across Washington)
LI, vacant -
west - GC-MD, commercial,
truck transfer
Comprehensive Plan - Neighborhood Growth Unit
Transition
SPECIAL INFORMATION
Public Utilities Sanitary Sewer: 24 inch line
in Washington
Storm Drainage: - - by underground
storm sewer in Washing-
ton
SPECIAL INFORMATION (cont'd)
Public Utilities (cont'd) Water: 16 inch line in
Washington
Streets Washington is designated as a
major arterial with a 100-foot
right-of-way and 44-foot pave-
ment. Chamberlin is a local
residential street with an IS-
foot pavement and 60-foot
right-of-way.
Fire! Protection Station #10, 3855 Washington
Boulevard
ANALYSIS
See Specific Use Permit Review.
RECOMMENDATION
F n of the eight conditions necessary for specific use permit
oval have been met. Staff feels that Condition 4 should
rict access to Chamberlin Drive.
Based upon this the staff recommends approval of the request.
PUBLIC NOTIFICATION AND RESPONSE
Notices Mailed to Property Owners 16
Responses in Favor of Specific Use Permit
Responses Opposed to Specific Use Permit
I
SPECIFIC USE PERMIT REVIEW
894-P
ORDINANCE REQUIREMENTS PROPOSAL
1. Description of processes and- -------blanket insulation specialty
activities. contractor*; Monday-Fridal,
7 a.m. - 6 p.m. ; 15 employees;
occasional extended work day
2. Boundaries of area covered by site------approximately 355 x 200 ;
plan with dimensions. 1. 38 acres
3. Existing and proposed building
locations with:
number of stories; --------------------Office: single story; 1200
sq. ft. ; 10 ' height
- height; storage: two story; 1250 sq.
gross floor area; ft. ; 20' height
major entrance on Washington;
- entrances and exits. -----------------
apcessory entrance on Cha e
I in
4. Existing drainage locations and ---------overland to south property
direction of flow. line then to storm sewer
in Washington
5. Plr_oposed landscaping and screening ------i0-foot landscaped buffer
buffers. strip abutting RS zoning:
6. Location and dimensions of:
(2 at 20 ' width
- curb cuts (existing and proposed) (1 at 30 ' width
- public and private streets, showing --Washington: 100 ' row
rights-of-way widths; Chamberlin: 60 ' row
- parking and loading areas;------------15 spaces
- pedestrian_ walks; --------------------none
- exterior lighting; -------------------5 security lights
trash storage locations; -------------one
7. Fences or screening provisions ---------- 8 ' wooden privacy fence
showing location, type and height. abutting RS zoning
8. Sign height, location and dimensions.---- size : 3 x 4 ; attached to
front of building
*fabrication of insulation blankets for steam boilers and piping
installed at individual project locations
894-P
CONDITIONS FOR APPROVAL: A Specific Use Permit shall be issued only if
all of the o owing conditions have been found:
1) That the specific use will be compatible with and not injurious to the
use and enjoyment of other property, nor significantly diminish or
impair property values within the immediate vicinity;
All processes associated with production will be indoors.
Residential uses on Chamberlin will be buffered by privacy
fence.
2) That the establishment of the specific use will not impede the normal
and orderly development and improvement of surrounding vacant property;
Vacant commercially zoned property will be in an area of
intensive development. Proposed use is similar in character.
,. 3) That adequate utilities, access road, drainage and other necessary
supporting facilities have been or will be provided;
Existing utilities are adequate to provide service to the
proposed use.
4) The design, location and arrangement of all driveways and parking spaces
provides for the safe and convenient movement of vehicular and pedestrian
traffic without adversely affecting the general public or adjacent
developments;
Proposed access to Chamberlin Drive should be eliminated.
Residential vehicular use of Chamberlin should not be forced
to compete with commercial trucks.
a) That adequate nuisance prevention measures have been or will be taken
to prevent or control offensive odor, fumes, dust, noise and vibration;
Production will be entirely indoors. Outside yard will be
used for loading of finished contract work prior to delivery
and occasionally some storage.
6) That directional lighting will be provided so as not to disturb or ad-
versely affect neighboring properties;
Security lighting on northeastern property line should be
relocated to insure that glare or diffused and reflected
light is minimized.
7) That there are sufficient landscaping and screening to insure harmony and
compatibility with adjacent property;
Rear (north) property line will have 8-foot wooden privacy
fence and .10-foot landscaped buffer.
8) That the proposed use is in accordance with the comprehensive plan;
Properties with Washington Boulevard frontage are a transi-
tion between neighborhood growth unit and industrial. The
proposed use is in accordance with these types of uses .
TO: City Council
FROM: Planning Department
SUBJECT: Summary of Planning Commission action on request for
specific use permit to establish a specialty insulation
manufacturing contractor in a GC-MD district at 5480
Washington (894-P) ; November 21, 1983.
GENF7RAL INFORMATION
Applicant LECCO Industries Inc.
Requested Action specific use permit to operate
a specialty insulation manu-
facturing contractor in a
GC-MD (General Commercial -
Multiple Dwelling) district
Location 5480 Washington Boulevard
Size 355 x 200; 1. 39 acres
PLKKNING STAFF RECOMMENDATION
The Planning staff changed their previous recommendation for
approval to denial on the basis of information provided at the '
..;- time of the joint public hearing which did not comply with the
eight conditions necessary for approval of a specific use permit.
PLANNING COMMISSION RECOMMENDATION
The Planning Commission recommended denial of the request by a
vote of 5 to 0.
PUBLIC NOTIFICATION AND RESPONSE
Notices Mailed to Property Owners 16
Responses in Favor of Request 1
Responses Opposed to Request 0
---- --- .:� _ FILE 854—P. REQUEST FOR SPECIFIC USE
e — R A SPECIALTY CONTRACTOR'S
'---- — PERMIT FO
BUSINESS LOCATED 5480 41ASHINGTON.
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NO
ORDINANCE NO.
i`
r
ENTITLED AN ORDINANCE ISSUING A SPECIFIC
USE PERMIT FOR A SPECIALTY CONTRACTOR' S
BUSINESS ON PROPERTY LOCATED AT 5480
s;F
WASHINGTON BOULEVARD.
WHEREAS, the Planning and Zoning Commission of the City of
Beaumont
considered the issuance of a specific use permit for a
It contractor' s business on property located at 5480
spec:i a y to LECCO
Washington Boulevard, Beaumont, Jefferson County, Texas,
ies successors, and assigns
Industries, Inc. , its legal representatives,
roperty hereinafter described; and,
for that certain p
il is of the opinion that the
WHEREAS, the City Counc
issuance of such specific use permit is in the best interest of the
City of Beaumont and its citizens, subject to the hereinafter
described conditions;
NOW, THEREFORE, BE IT ORDAINED BY THE
CITY OF BEAUMONT:
Section 1.
That all conditions necessary for issuance of a specific
ermit have been met and a specific use permit fora specialty
use p
contractor' s business on property located at 5480 Washington
Boulevard, Beaumont, Jefferson County , Texas, in accordance with
Section 30-26 and Section 30-40 of the Code of Ordinances of the City
o Beaumont, as amended, is hereby granted to LECCO Industries, Inc. ,
of
assigns for that certain
its legal representatives, successors and
tract described on Exhibit "A" attached hereto and made a part hereof
for all purposes.
E
Section 2-
granted
That the specific use permit herein 9
d i$ expressly
with each particular and detail of the
issued for and in accordance w „g" and made a part hereof for
site plan attached hereto as Exhibit
all purposes• of Beaumont this the
PASSED BY THE CITY COUNCIL of the City
• 19- -
day of
Mayor -
2 -
18.
December 2, 1983
Council Letter 174
Honorable Mayor and
Members of City Council
Subject: Request for Abondonment of 315-font Portion of Undeveloped
Heritage Lane Right-of-Way
A request by Robert LeJune to abandon a 315-foot portion of undeveloped
Heritage lane right-of-way was reviewed on November 21, 1983 at the joint
public hearing of the Planning Commission and City Council . Existing
utilities include a buried cable owned by Southwestern Bell and a 6-inch
sanitary sewer owned by the City. The Planning staff recommended approval
of the request subject to retention of the entire right-of-way as a general
utility easement. The Planning Commission recommended approval of the
request subject to this condition by a vote of 5 to 0.
It is recommended that this request be approved.
Karl Nollenberger
City Manager