HomeMy WebLinkAboutPACKET DEC 04 1984 AGENDA
REGULAR SESSION OF THE CITY COUNCIL
DECEMBER 4, 1984
CITY COUNCIL CHAMBERS
1: 15 P.M.
Invocation.
* Pledge of Allegiance.
* Roll call .
* Proclamations.
* Consent Agenda.
* Public hearing - issuance of industrial development revenue bonds.
1 . A resolution approving issuance of industrial development revenue bonds
by the Beaumont Industrial Development Corporation in the amount of
$7 million for Waterford Associates dba the Waterford Hotel .
2, An ordinance changing the zoning from R-3 (Modified Two Family and
Multiple Dwelling) to NC (Neighborhood Commercial ) and GC-MD (General
Commercial-Multiple Dwelling) for property located between 23rd Street
and the I-10 west service road, from McFaddin and Calder on the north
to Phelan and the abandoned Missouri Pacific Railroad at 18th Street.
3. An ordinance changing the zoning from RS (Residential Single Family)
to RM-H (Residential Multiple Family-High Desnity) for a 1.68-acre
tract located beginning approximately 350 feet south of Highway 105
and 588 feet east of Major Drive on the east side of Major Drive.
4. An ordinance changing the zoning from RM-H (Residential Multiple Family-
High Density) to NC (Neighborhood Commercial) for property located at
2205 Washington Boulevard.
An ordinance changing the zoning from AR (Agricultural-Residential ) to
CM (Commercial-Manufacturing) on property located at the southwest cor-
ner of I-10 South and Walden Road.
6. An ordinance changing the zoning from RS (Residential Single Family) to
NC (Neighborhood Commercial) on property located at 5020-5040 Bigner
Road.
7. An ordinance granting a Specific Use Permit to build professional offices
in an RM-H (Residential Multiple Family-High Density) district on pro-
perty located in the 1900 Block of Dowlen Road.
Council Agenda
December 4, 1984
Page 2
8,. An ordinance granting a Specific Use Permit to establish a church in an
RM-H (Residential Multiple Family-High Density) district located at
7650 Park North Drive.
9.. An ordinance granting a Specific Use Permit to establish a doctor's
office in an RM-H (Residential Multiple Family-High Density) district
on property located in the 7800 Block of Gladys.
10.. An ordinance amending Section 28-39(a)(1) of the City Code, relating
to landfill usage.
11. An ordinance authorizing ten-year vesting for City employees.
12. A resolution authorizing participation in the Collier Road Storm
Sewer Project.
13. A resolution authorizing purchase of a parcel of property for the
Crockett Connector TIP Project.
14. A resolution authorizing participation in the Westgate Drive Project.
15. A resolution authorizing the Legal Department to commence eminent
domain proceedings to acquire the former Szafir' s property.
16. A resolution naming two reception halls in the Julie Rogers Theatre.
17. An ordinance amending Article III of Chapter 6 of the Code of Ordinances,
regulating development in flood hazard areas.
Other business.
Hear citizens.
Recess.
RECONVENE FOR WORK SESSION.
November 30, 1984 1.
Council Letter 166
Honorable Mayor and
Members of City Council
Subject: Issuance of Bonds for the Waterford Hotel Project
The Beaumont Industrial Development Corporation issued an
inducement resolution in December 1983 approving the
issuance of up to $7, 000,000 in bonds to rehabilitate
the hotel as Phase I to include 99 suites for daily occupancy
and, in Phase II , a parking facility to service the hotel
and an office building. Renovation of the hotel will
provide an estimated 100 new jobs.
The rules of the Texas Economic Development Commission
and Federal law require that the City Council hold a
public hearing and approve the issuance of the bonds . The
bonds will not be the obligation of the City of Beaumont.
The sole source of every payment will be revenues from the
project.
Karl Nollenberger
City Manager
AGUTD
N.0
CERTIFICATE OF RESOLUTION CONCERNING
ISSUANCE OF BONDS TO FINANCE A PROJECT FOR
WATERFORD HOTEL, LTD.
WHEREAS , the City of Beaumont, Texas (the "Unit") , has, pur-
suant to the Development Corporation--Act of 1979 , Article 5190. 6,
Vernon' s Texas Civil Statutes, as amended (the "Act") , approved
and created Beaumont Industrial Development Corporation, a
nonprofit industrial development corporation (the "Corporation") ;
WHEREAS , the Corporation, on behalf of the Unit, is empowered
to finance certain costs associated with acquisition, construc-
tion, and improvement of certain manufacturing , industrial, and
commercial projects which promote and encourage employment and
the public welfare, by the issuance of obligations of the
Corporation, which projects will be inside the Unit' s boundaries;
WHEREAS , on April 13 , 1982, the City Council of the City of
Beaumont (the "Governing Body") held a public hearing in accor-
dance with the Rules of the Texas Economic Development Commission
(formerly the Texas Industrial Commission) and passed, approved
and adopted that certain Resolution Number 82-143 wherein the
City Council authorized provisions of notice to the Texas
Economic Development Commission (formerly the Texas Industrial
Commission) and publication of notice with respect to a public
hearing to consider designation of one or more blighted areas
within the City; described one or more eligible blighted areas to
be designated by the City; determined the date , time and location
of a public hearing; and approved other provisions relating to
the subject; and, further passed, approved and adopted on May 11,
1982 that certain Resolution Number 82-174 wherein the City
Council designated one or more eligible blighted areas, made the
findings required by the rules of the Texas Economic Development
Commission (formerly Texas Industrial Commission) , and approved
other matters relating to the subject (the "EBA Resolution") ;
WHEREAS, SS/RW Properties, Inc. , a corporation organized and
existing under the laws of the State of Texas (the "User") , has
filed an application requesting that the Corporation finance a
portion of the cost of the project described in Exhibit A hereto
(the "Project") , within the boundaries of the Unit; on December
9 , 1983 the Corporation adopted an Inducement Resolution with
respect to the acquisition, construction, and installation of the
Project;
-2-
WHEREAS , the Project is located within a blighted area as
designated by the EBA Resolution and will assist in alleviation
of the blighted condition;
WHEREAS, SS/RW Properties, Inc. , the name of which is now
Waterford Hotel Company, has transferred and assigned its
interest in the Project to Waterford Associates, Ltd. , a Texas
limited partnership, which is a related entity of Waterford Hotel
Company;
WHEREAS , as a prerequisite to the exemption from federal
income tax of interest on obligations issued pursuant to Section
301 (b) (6) of the Internal Revenue Code of 1954 , as amended, (the
"Code") , Section 103 (k) of the Code provides that such issue may
be approved by the applicable elective representative of the
governmental unit on whose behalf such obligations are issued and
by each governmental jurisdiction over the area in which any
- facility to be financed from the proceeds of such issue is
located (except that if one or more governmental units has juris-
diction over the
entire area in which such facility is located ,
only one governmental unit need approve the issue) , only after a
public hearing has been held; and
WHEREAS , the Unit is a "governmental unit" within the meaning
of the Code ; and
WHEREAS , as the elected legislative body of the governmental
unit within which the Project is to be located , the Governing
Body is an "applicable elected representative" of the governmen-
tal unit with specific authority within the meaning of Section
103 (k) of the Code; and
WHEREAS , the Project is located entirely within the geo-
graphic jurisdiction of the Unit, thus necessitating only one
public hearing and approval pursuant to Section 103 (k) of the
Code; and
WHEREAS , this public hearing has been-- conducted in order to
provide an opportunity for persons with differing views on both
authorization and issuance of the bonds and the location and the
nature of the Project to be heard , and in order to comply with
Section 103 (k) of the Code and the Act;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF BEAUMONT, TEXAS, THAT:
Section 1. The Governing Body hereby finds and determines
that the Project proposed by the User conforms with the overall
objectives , authorizations, and limitations specified in the Act.
-3-
Section 2. The Governing Body finds that the proposed
Project to be financed will significantly contribute to the
fulfillment of the overall development objectives of the Unit,
and that it is in furtherance of the public purposes of the Act
to assist in the maintenance of the public health.
Section 3. The Governing Body hereby finds and determines
that the Corporation has filed and -deposited with the Governing
Body all of the information required by the Act, and on such
basis hereby approves the Project after having made the deter-
minations and findings required by the Act.
Section 4. The issuance of the Bonds pursuant to which the
Bonds are to be sold and issued , is hereby approved by the
Governing Body on behalf of the Unit as required by the Act and
the Code.
Section 5. As a part of and within the scope of the appro-
vals granted herein, the Governing Body hereby finds and deter-
mines that (i) the initial owner and user of the Project is
Waterford Associates Ltd. , a Texas limited partnership; (2) the
maximum aggregate face amount of the Bonds be issued with respect
to the Project is $7, 000,000; and (iii) the Project description
attached hereto as Exhibit "A" includes a general, functional
description and a general description of the location of the
Project as required by the Code and the regulations promulgated
thereunder.
Section 6. This resolution is also adopted for the purpose
of satisfying the conditions- and requirements of Section 103 of
the Code, the regulations promulgated thereunder , . and any
requirements for a public hearing and approval by an elected
official or legislature which may be imposed by applicable law
prior to the issuance of the Bonds, and for the benefit of the
Corporation, the Unit, the Governing Body, and the owners and
holders from time to time of the obligations of the Corporation
and all other interested persons.
Section 7. The Governing Body hereby finds and determines
that the issuance of the Bonds to finance the Project will
accomplish the specific public purpose for which the Corporation
was created.
Section 8. The approvals of the Governing Body as set forth
herein shall be applicable only if, as and to the extent that the
Bonds are issued not more than one year from the date hereof.
Section 9. The Governing Body has considered evidence of the
publication and posting of notice of this meeting and public
hearing and officially finds, determines , recites, and declares
-4-
that sufficient written and reasonable public notice of the date,
hour and place of this meeting and public hearing and of the sub-
ject matter of this resolution, including the general, functional
description of the Project and the general description of its
location, was published in a newspaper of general circulation in
the Unit not less than fourteen (14) days prior to this meeting
and public hearing; that such meeting and public hearing were
open to the public as required by law at all times during which
this resolution and the subject matter hereof were discussed,
considered , and formally acted upon; that the giving of notice in
the manner provided above was reasonably designed to apprise
residents of the Unit of the proposed authorization and issuance
of the Bonds and approval of the Project; that the meeting and
public hearing were conducted in a manner that provided a reason-
able opportunity for persons with differing views on the issuance
of the Bonds and the nature and location of the Project to be
heard ; and that this meeting and public hearing were held at a
time and place convenient for persons affected by the financing
of the Project and issuance of the Bonds; and that the foregoing
notice and hearing complied with the Open Meeting Law, as
amended, Art. 6252-17 of Vernon' s Annotated Texas Civil Statutes,
and Section 103 (k) of the Code and the regulations thereunder.
PASSED AND APPROVED this_______day of , 1984.
Mayor , City of Beaumont, Texas
r
EXHIBIT A
General and functional description of the Project: The Project
to be financed with the proceeds of the Bonds involves the
construction of a commercial facility to be used as a hotel and
parking facility. The Project will consist of one or more of the
following : (i) acquisition of the Project site; (ii) renovation
and remodeling of the multi-story hotel building formerly known
as the King Edward Hotel and to be named "The Waterford Hotel" so
as to provide approximately 99 hotel suites for occupancy on a
day-to-day basis or on a leased basis; (iii) construction of an
Open parking area to serve the hotel; and (iv) acquisition,
construction and restoration of various items of equipment, faci-
lities and furnishings which are functionally related to the
foregoing.
The owner of the Project will be Waterford Associates, Ltd. , a
Texas Limited Partnership.
Proposed location and site of Project: The site of the Project
includes three (3) tracts. Tract 1 is a 30 ,600 square foot tract
of land being all of Lots 179 , 180 , 181, and a portion of Lots
182 and 183 , out of Block 38 of the Original Town of Beaumont,
Beaumont, Jefferson County, Texas. Tract 2 is a 2,300 square
foot tract of land out of Lot 182 of Block 38 of the Original
Town of Beaumont, Jefferson County, Texas. Tract 3 is a 19 ,200
square foot tract of land and being all of Lots 175 and 176 ,
and a portion of Lot 182 out of Block 38 of the Original Town of
Beaumont, Beaumont, Jefferson County, Texas. The three tracts
are more particularly described by metes and bounds as shown on
Exhibits attached to application for financing on file in the
office of the Planning Department of the City of Beaumont, City
Hall, Beaumont, Texas.
November 20, 1984
2.
Council Letter 137
Honorable Mayor and
Members of City Council
Subject: Calder Court-Jarrette Rezoning Study.
GENERAL INFORMATION
This R-3 zoned area includes an approximate total of five city
blocks. Boundaries are generally I-10 on the east, McFaddin and
Calder Streets on the north, and Phelan Boulevard and the abandoned
Missouri Pacific Railroad right-of-way on the south. Principal I
streets in the study are McFaddin, 18th, Calder and Phelan. There
have been no recent zone changes within the study boundaries;
however, a specific use permit for dental offices on the northern
study boundary was approved in March, 1983 , and a specific use
permit for a beauty shop on 18th was approved in July, 1984 .
A diverse group of land uses in the study includes professional
offices, various neighborhood retail uses , a bank, and a savings
and loan. Most of these are allowed in the NC district. Properties
on the western end of the study are designated as a Stable Area.
i
Properties on the eastern end are in an Activity Corridor.
Existing Zoning R-3 (Modified Two Family and
Multiple Dwelling)
Surrounding Zoning and Land Use north - (across McFaddin) RM-H,
professional offices
east - GC-MD, I-10
south - GC-MD, retail stores
west - (across 23rd) GC-MD,
retail stores ; (140
feet west of 18th Street)
RS, single family
Comprehensive Plan west: Stable Area
east: Activity Corridor
7NALYS I S
- 18th Street and McFaddin are local residential streets with
narrow pavement widths (16 feet and 18 feet respectively) .
- All uses south of McFaddin to the abandoned Missouri-Pacific
Railroad right-of-way are allowed in NC zoning except the
restaurants at Calder and 18th and facing I-10 South 140 feet
south of Calder.
Calder Court-Jarrette Rezoning Study
Page 2
ANALYSIS (cont 'd)
Since all properties within one block of I-10 from McFaddin
south to Liberty are in an Activity Corridor of the Comprehensive
Plan, planning principles dictate general commercial zoning for
this area.
- All retail uses east of 23rd Street between Calder and Phelan
are allowable uses in NC districts. In addition, NC zoning is
the proper transition from the GC-MD district south of Phelan.
- Properties on the west side of 18th Street, north of Calder,
have abutting RS zoning on their western boundaries. For this
reason it is necessary that any proposed zoning be examined for
compatibility of uses, adequate utilities, height requirements
and parking/driveway design.
- RS-zoned properties north of Calder, from 19th Street to 23rd,
have side yards parallel with Calder and, while none have direct
frontage on Calder, most have driveway access.
Due to existing boundaries of R-3 zoning, existing lot orienta-
tion and ownership, the most acceptable transition of districts
is not attainable or practical and the transition must occur
along the street center lines .
STAFF RECOMMENDATION
Staff recommends the following districts based on (1) exhibited
land uses ; (2) abutting zoning pattern;
and (4) implementation of the comprehensive plansition of districts ;
AREA 1: PROPOSED FOR RCR; properties in the 500 Block of 18th
street. Proposed district creates transition from GC-MD on the
AREA
side to RS on the west side.
AREA 2 : PROPOSED FOR NC; properties at 23rd and Calder and extendin
east for 4 blocks to 19th. NC district will transition from GC-MD
on south side of Phelan Boulevard. Existing uses -are all allowable
in NC district.
AREA 3 : PROPOSED FOR GC-MD; properties with either I-10 Calder or
18th Street frontage. Most intensive land use and traffic patterns
s•srround these properties . The location is an Activity Corridor of
the comprehensive plan.
PUBLIC NOTIFICATION AND RESPONSE
Notices to property owners within study 14
Responses in favor of proposal
Responses opposed to proposal 0
1
Calder Court-Jarrette Rezoning Study
Page 3
PUBLIC NOTIFICATION AND RESPONSE (cont 'd)
Notices to property owners within 200 feet
Responses in favor of 40
p proposal
i Responses opposed to proposal 1
0
PLANNING COMMISSION RECOMMENDATION
The Planning Commission recommended the following:
AREA 1: NC (Neighborhood Commercial) ;
I
AREAS 2 AND 3 :
GC-MD (General Commercial
- Multiple Dwelling) .
The City Manager recommends the original staff position as the most ap-
propriate. Maps showing both positions are attached.
i
i
i
Karl Nollenberger
City Manager
W • '
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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 R-3
(MODIFIED TWO FAMILY AND MULTIPLE DWELLING
DISTRICT) TO NC (NEIGHBORHOOD COMMERCIAL
DISTRICT) , GC-MD (GENERAL COMMERCIAL - MULTIPLE
DWELLING DISTRICT) AND RCR (RESIDENTIAL
CONSERVATION AND REVITALIZATION DISTRICT) FOR
PROPERTY LOCATED BETWEEN 23RD STREET AND THE
I-10 WEST SERVICE ROAD, FROM MCFADDIN AND CALDER
ON THE NORTH TO PHELAN AND THE ABANDONED
MISSOURI PACIFIC RAILROAD AT 18TH STREET;
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 NC (Neighborhood Commercial District) , GC-MD (General
Commercial - Multiple Dwelling District) and RCR (Residential
Conservation and Revitalization District) for property located
between 23rd Street and the I-10 West service road, from McFaddin
and Calder on the north to Phelan and the abandoned Missouri
Pacific Railroad at 18th Street, 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 , 1984 .
- Mayor -
2 -
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 R-3
(MODIFIED TWO FAMILY AND MULTIPLE DWELLING
DISTRICT) TO NC (NEIGHBORHOOD COMMERCIAL
DISTRICT) AND GC-MD (GENERAL COMMERCIAL -
MULTIPLE DWELLING DISTRICT) FOR PROPERTY
LOCATED BETWEEN 23RD STREET AND THE I-10 WEST
SERVICE ROAD, FROM MCFADDIN AND CALDER ON THE
NORTH TO PHELAN AND THE ABANDONED MISSOURI
PACIFIC RAILROAD AT 18TH STREET; 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 NC (Neighborhood Commercial District) and GC-MD
(General Commercial - Multiple Dwelling District) for property
located between 23rd Street and the I-10 West service road, from
McFaddin and Calder on the north to Phelan and the abandoned
Missouri Pacific Railroad at 18th Street, 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 , 1984.
- mayor -
2 -
November 26 , 1984 3.
Council Letter 138
Honorable Mayor and
Members of City Council
Subject: Request for zone change from RS to RM-H for a 1. 68 acre
tract located 350 feet south of Highway 105 and 588 feet
east of Major Drive on the east side of Major Drive.
GENERAL INFORMATION
Applicant John Blackwell
Status of Applicant prospective buyer; owner is
Dr. J. J. Heisler, Houston
Requested Action zone change from RS to RM-H
(Residential Multiple Family-
High Density)
Existing Zoning RS (Residential Single Family)
Location beginning approximately 350
feet south of Highway 105 and
588 feet east of Major Drive
on the east side of Major Drive
Size 1. 68 acres
Existing Land Use vacant
Surrounding Zoning and Land Use north - GC-MD and RS, vacant
east - RS, single family
south - RS, single family
west - (across Major Drive)
GC-MD, vacant
Previous Zone Changes in Vicinity a change to LR-1 for 1 acre
and R-2 for 3 acres was approved
by Council on December 27, 1979
Comprehensive Plan Activity Center and Neighborhood
Growth Unit
.SPECIAL INFORMATION
Public Utilities in Major Drive Sanitary Sewer: 36 inch line
Storm Drainage: in Major Drive
Water: 30 inch line
Page 2
SPECIAL INFORMATION (cont 'd)
Streets Major Drive is designated as a
major arterial and has a 120
foor right-of-way and 40-foot
pavement.
Fire Protection
Station #8, 6297 Highway 105.
ANALYSIS
- The applicant was given 60 days by the Council to reconsider
the original application for GC-MD (General Commercial - Multiple
Dwelling) and a specific use permit for nin-warehouses.
- He has contacted the Planning Department to state that he will
accept RM-H zoning for the remaining 1. 68 acres currently zoned
RS.
STAFF RECOMMENDATION
Staff recommends approval of the request for 1. 68 acres of RM-H
based on lack of adequate area for platting purposes under RS zoning
and limited access for development.
The City Manager recommends approval of the ordinance.
City Manager
FILE 952-7-/P. REQUEST FOP, A ZONE
CHANGE °;OM RM-H 'TO GC-HD AND A
x2 SPECIFIC USE PERMIT,
J
3 ; PPLICANT: JOHN BLACKWELL
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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 FAMILY - HIGH DENSITY
DISTRICT) FOR A 1 .68 ACRE TRACT LOCATED
BEGINNING APPROXIMATELY 350 FEET SOUTH OF
HIGHWAY 105 AND 588 FEET EAST OF MAJOR DRIVE ON
THE EAST SIDE OF MAJOR 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 RS (Residential Single Family District) to RM-H
(Residential Multiple Family - High Density District) for a 1 .68
acre tract located beginning approximately 350 feet south of
Highway 105 and 588 feet east of Major Drive on the east side of
Major 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.
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 1984.
Mayor -
2 -
i
November 20, 1984 4.
i
Council Letter 139
Honorable Mayor and
Members of City Council
Subject: Request for zone change from RM-H to NC on property located
. at 2205 Washington Boulevard.
GENERAL INFORMATION\
Applicant Philip Daigle
Status of Applicant property owner
Requested Action zone change from RIM-H to NC
(Neighborhood Commercial)
Representative Uses in NC general merchandise stores ,
food stores , drug stores , fuel
dealers, banks , real estate
offices , washaterias , beauty
and barber shops , doctor and
dentist offices , day care
centers
Purpose applicant proposes retail sales
of new and used merchandise_ and
gift items
Existing Zoning RM-H (Residential Multiple
Family - High Density)
Location 2205 Washington
i
i
Size 40 x 140 , 5600 sq. ft.
Existing Land Use vacant single family residence
i
i
Surrounding Zoning and Land Use north
- (across Washington) .
GC-MD, grocery store
east - (across Waco) GC-MD,
restaurant
south - RM-H, single family I
west' - RM-H, single family
Physical Features corner lot, 40 foot frontage on
Washington Boulevard
Comprehensive Plan Conservation and Revitalization
L
Page 2
SPECIAL INFORMATION
Public Utilities in Washington Sanitary Sewer : --
Storm Sewer: 21 inch line
Water: 6 inch line
Streets Washington is designated as
a major arterial and has a
100-foot right-of-way and 43-
foot pavement.
Fire Protection Station #10 , 3855 Washington
Boulevard
ANALYSIS
-• The area in the vicinity of the request was rezoned to RM-H in
1977 . The abutting lot across Waco was "spot" zoned as a result
of this study.
- Subject lot is below the minimum of 75 x 100 for NC zoning.
- Most uses in the NC district would lack adequate area on the
subject lot.
Development under NC will require installation of an 8-foot
privacy fence and 10-foot landscaped buffer.
- The request is on a major arterial but not at a major intersec-
tion.
- After examination of abutting zoning and land uses, staff feels
the subject lot is spot zoning. Spot zoning gives the applicant
a privilege to use the property while not extending the same
privilege to abutting land owners , creates an incompatible land
use and is not in accordance with the comprehensive plan.
STAFF RECOMMENDATION
Staff recommends denial of the request based on the following:
- subject lot is below the minimum of 75 x 100 for NC zoning;
- most uses in the NC district would lack adequate area on the
subject lot; and
- the request constitutes spot zoning.
Page 3
PUBLIC NOTIFICATION AND RESPONSE
Notices Mailed to Property Owners 22
Responses in Favor of Request 1
Responses Opposed to Request 5
PLANNING COMMISSION RECOMMENDATION
.he Planning Commission recommended denial of the request by a vote
of 5 to 0 on the basis of spot zoning.
The City Manager recommends denial of the ordinance.
Karl Nollenberger
City Manager
FILE 956-Z. REQUEST FOR A ZONE CHANG
FROM RM-H TO MC ON PROPERTY LOCATED
AT 2205 WASHINGTON BLVD
- —-- -
APPLICANT: PHILIP DAIGLE
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ArZEND- A
NO---__4
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 FAMILY - HIGH DENSITY
DISTRICT) TO NC (NEIGHBORHOOD COMMERCIAL
DISTRICT) ON PROPERTY LOCATED AT 2205 WASHINGTON
BOULEVARD; 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 Family -High Density
District) to NC (Neighborhood Commercial District) on property
located at 2205 Washington Boulevard, 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 1984.
Mayor -
2 -
November 20, 1984
5.
Council Letter 140
Honorable Mayor and
Members of City Council
Subject: Request for zone change from AR to CM on property located
at the southwest corner of I-10 South and Walden Road.
GENERAL INFORMATION
Applicant USPO
Status of Applicant property owner
Requested Action zone change from AR (Agricultural
Residential) to CM (Commercial-
Manufacturing)
Representative Uses in CM general construction contractors ,
motor freight transportation and
warehousing, transportation
services , wholesale trade ,
durable and non-durable goods
Purpose construction of mail distri-
bution facility
Existing Zoning AR
Location southwest corner of I-10 and
Walden Road
Size 21. 6 acres
Existing Land Use vacant
Surrounding Zoning and Land Use north - (across Walden) LI, motel
east - GC-MD, vacant
south - I--10
west - AR, vacant
Physical Features subject lot has 348 feet of
I-10 frontage on southern
boundary
Comprehensive Plan Industrial
Page 2
SPECIAL INFORMATION
Public Utilities in Walden Road Sanitary Sewer: 72 inch line
Storm Drainage : open ditch in
_ Walden Road and I-10
frontage road
Water: 12 inch line
Streets Walden Road is designated as a
major arterial and has a 90
wa-
right-of g- y and -•24-foot-- -.---
pavement.
Fire Protection Station #10 , 3855 Washington
ANALYSIS
- Subject tract is in an area which is presently demonstrating
substantial commercial development.
- A change to CM will generate additional zone changes in the vici-
nity in order that a compatible development pattern will be
established.
-- A change to CM is consistent with land use principles which state
that commercial distribution uses should have direct access to
major arterials and major transportation routes .
- Supporting utilities are present and adequate to provide service
for the proposed use.
The request is in accordance with the comprehensive plan.
STAFF RECOMMENDATION
Staff recommends approval of the request for CM zoning. The basis
for the recommendation is :
- the subject tract is in an area presently demonstrating substan-
tial commercial development,
- the request is consistent with land use principles stating that
commercial distribution uses should have direct access to major
arterials and major transportation routes ; and
the request is in accordance with the A lan.comprehensive p
Page 3
PUBLIC NOTIFICATION AND RESPONSE
Notices Mailed to Property Owners 9
Responses in Favor of Request 1
Responses Opposed to Request 0
PLANNING COMMISSION RECOMMENDATION
The Planning Commission recommended approval of the request by a
vote of 5 to 0 .
The City Manager recommends approval of the ordinance.
�,)� V ,�L& -�
Karl Nollenberger
City Manager
U V FILE 957—Z. REQUEST FOR A ZONE
CHANGE FROM AR TO CM ON PROPERTY
L I LOCATED ON THE SOUTHEAST CORNER OF
IH-10 SOUTH AND WALDEN ROAD.
Ro Walden r . U. S. POSTAL SE.RVICE
s n
1/200
GC MD
10
t
(-
subject
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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 AR
(AGRICULTURAL-RESIDENTIAL DISTRICT) TO CM
(COMMERCIAL-MANUFACTURING DISTRICT) ON PROPERTY
LOCATED AT THE SOUTHWEST CORNER OF I-10 SOUTH
AND WALDEN ROAD; 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 AR (Agricultural-Residential) to CM
(Commercial-Manufacturing District) on property located at the
southwest corner of I-10 South and Walden Road, 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 1984.
- Mayor -
- 2 -
ti
November 20 , 1984 6.
Council Letter 141
Honorable Mayor and
Members of City Council
Subject: Request for zone change from RS to NC at 5020-5040
Bigner Road.
GENERAL INFORMATION
Applicant Robert and Shirley Pryor
Status of Applicant property owners
Requested Action zone change from RS to NC
(Neighborhood Commercial)
Representative Uses in NC
general merchandise stores,
food stores , drug stores, fuel
dealers, banks, real estate
offices, washaterias, beauty
and barber shops, doctor and
dentist offices , day care
- centers
Purpose applicant proposes to open a
thrift shop (used clothing,
miscellaneous items) on Lot 5;
no changb in development cur-
rently proposed for Lots 3
and 4
Existing Zoning RS (Residential Single Family)
:Location 5020-5040 Bigner Road
Size
475 x 220 ; 2 . 39 acres
Existing Land Use single family residential
Surrounding Zoning and Land Use
north - RS , single family
east - RS, single family
south GC-MD, retail uses
west - (across Bigner) RS , St .
Pius Church
Physical Features no distinguishing characteristics
Page 2
SPECIAL INFORMATION
Public Utilities in Bigner Sanitary Sewer: 8 inch line
Storm Drainage : 21 inch line
Water: 6 inch line
Streets Bigner is designated as a local
residential street and has a
60-foot right-of-way and 28-
- foot pavement.
Fire Protection Station #2 , Wilson and Ironton
ANALYSIS
- Subject property is contiguous with GC-MD zoning at Bigner and
East Lucas.
- Section 30-31 of the zoning ordinance will require installation
of an 8-foot privacy fence on the northern and eastern bol:ndaries .
- The request is in accordance with .land use principles which state
that neighborhood commercial uses should locate at or near inter-
sections .
COMPLIANCE [tiITH COMPREHENSIVE PLAN
The comprehensive plan designates the area of the request as a
Neighborhood Growth Unit. A change to NC is- in compliance with the
plan.
STAFF RECOMMENDATION
Staff recommends approval of the request for NC. The recommendation
is based on:
- the request is in accordance with land use principles which state
that neighborhood commercial uses should locate at or near inter-
sections and not in mid-block;
- the request is in compliance with the comprehensive plan.
PUBLIC NOTIFICATION; AND RESPONSE
Notices Mailed to Property Owners 18
-Responses in -Favor of Request - -- -0_._ _
Responses Opposed to Request 0
Page 3
PLANNING COMMISSION RECOMMENDATION
E e Planning Commission recommended approval of the zone change by
The
of 5 to 0 .
The City Manager recommends approval of the ordinance.
Karl Nollenberger
City Manager
� r
2544 -- - - FILE 944-Z. REQUEST FOR A ZONE CHANGI
'�. A • FROM RS TO NC ON PROPERTY LOCATED
AT 5020 - 5040 BI.GNER ROAD
°o —�
b APPLICANT: R03ERT PRYOR
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ITEM
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 NC
(NEIGHBORHOOD COMMERCIAL DISTRICT) ON PROPERTY
LOCATED AT 5020-5040 BIGNER ROAD; 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 NC
(Neighborhood Commercial District) on property located at
5020-5040 Bigner Road, 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 1984.
Mayor -
- 2 -
November 20, 1984
7.
Council Letter 142
Honorable Mayor and
Members of City Council
Subject: Request for specific use permit to build professional
offices in an RM-H district on property located in the
1900 Block of Dowlen Road.
GENERAL INFORMATION
Applicant
Carl Kohler
Status of Applicant engineer for owner, M. J.
Campbell
Reauested Action specific use permit for pro-
fessional offices I
Existing Zoning RM-H (Residential Multiple Family
High Density)
Location 1900 Block of Dowlen Road
Size 8 acres
Existing Land Use vacant
Surrounding Zoning and Land Use north - RS vacant
,
east - (across DOWlen) RS,
single family
south - RS, vacant
west - RS, vacant
Physical Features
405 feet of frontage
Comprehensive Plan Neighborhood Growth Unit
SPECIAL INFORMATION
Public Utilities in Dowlen Sanitary Sewer: 27 inch line
Storm Drainage : in Dowlen Road
Plater: 12 inch line
Streets Dowlen Road is designated as an
arterial street and has a 100-
foot right-of-way and two 24-
foot lanes with a 20-foot median.
Fire Protection Station #9 , 7010 Gladys
Page 2
ANALYSIS
LSee Specific Use Permit Review.
STAFF RECOMMENDATION
Based on the applicant ' s compliance with the eight conditions neces-
sary for specific use permit approval , staff recommends approval
of the request.
PUBLIC NOTIFICATION AND RESPONSE
Notices Mailed to Property Owners 10
Responses in Favor of Request 0
Responses Opposed to Request 0
PLANNING COMMISSION RECOMMENDATION
The Planning Commission recommended approval of the request by a
vote of 5 to 0.
The City Manager recommends approval of the ordinance.
Karl Nollenberger
City Manager
,Page' 3 - T
SPECIFIC USE PERMIT REVIEW
ORDINANCE REQUIREMENTS PROPOSAL
1. Description of processes and------------Dowlen Plaza Office Park
activities. professional/medical
offices
2. Boundaries of area covered by site ------8 . 02 acres, 405 x 860
plan with dimensions.
3. Existing and proposed building
locations with:
- number of stories; -------------------one
- height; ------------------------------maximum height . 23 feet
- gross leaseable area; ---------------72 , 900 sa. ft. (22 bldqs . )
- entrances and exits. -----------------from Dowlen Road
4. Existing drainage locations and --------in proposed extension of
direction of flow. Wellington Place (50 ' right-
of-way, 27 ' pavement)
5. 'Proposed landscaping and screening ------ordinance requires 10-foot
buffers . landscaped buffer on 3 sides
6• Location and dimensions of:
proposed 50 ' right-of-way
- curb cuts (existing and proposed) ;'---dedication will extend west
- public and private streets , showing - from Dowlen Road
rights-of-way widths; Dowlen: 100 right-of-way
- Parking and loading areas ;-----------.typical parking lot: 14
spaces
pedestrian walks; -------------------"at building entrances
-• exterior lighting; ------------------security lighting on
trash storage locations; ------- individual buildings
---- normal commercial collection
7. Fences or screening provisions ----------8-foot privacy fence
showing location, type and height. required by ordinance will
surround the site
8 . Sign height, location and dimensions.---ziaximum area : 20 sa. ft.
maximum height: 15 feet
Paae 4
CONDITIONS FOR APPROVAL: A Specific Use Permit shall be issued only if
a 1 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;
Developed properties to the south and north are similar
in appearance and compatible with other uses on the west
side of Dowlen Road.
2) That the establishment of the specific use will not impede the normal
and orderly development and improvement of surrounding vacant property;
Development on Dowlen Road is presently limited to areas
which are free from pipeline easements or oil wells .
Proposed use poses no impediment to future developments .
3) That adequate utilities, access road, drainage and other necessary
supporting facilities have been or will be provided;
Existing utilities and storm drainage in Dowlen Road will
be extended for service to the current request.
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;
Site plan indicates required parking spaces and driveway
area per lot.
5) That adequate nuisance prevention measures have been or will be taken
to prevent or control offensive odor, fumes , dust, noise and vibration;
Proposed office use generates none of the five environmental
nuisances.
6) That directional lighting will be provided so as not to disturb or ad-
versely affect neighboring properties;
Abutting properties will experience no effects from
decorative or security lighting on individual buildings .
7) That there are sufficient landscaping and screening to insure harmony and
compatibility with adjacent property;
Landscaping required by ordinance is shown on site plan .
8) That the proposed use is in accordance with the comprehensive plan;
Comprehensive plan shows proposed site as a Neighborhood
Growth Unit. Proposed specific use permit conforms to the
plan.
TILE 955—P. REQUEST FOR A SPECIFIC
USE PERMIT TO BUILD PROFESSIONA
OFFICES LOCATED IN THE 1900 BLOCK
OF DMILEN ROAD
APPLICANT: CARL KOHLER
n
e 4 ,
0 1/200
RS
875.22'
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NO
ORDINANCE NO.
ENTITLED AN ORDINANCE ISSUING A SPECIFIC USE
PERMIT FOR PROFESSIONAL OFFICES ON PROPERTY
LOCATED IN THE 1900 BLOCK OF DOWLEN ROAD.
WHEREAS, the Planning and Zoning Commission of the City of
Beaumont considered the issuance of a specific use permit for
professional offices on property located in the 1900 Block of Dowlen
Road, Beaumont, Jefferson County , Texas, to M . J . Campbell, property
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 a specific use permit for professional
Offices on property located in the 1900 Block of Dowlen 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 M . J. Campbell, property 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 .
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 lg
Mayor -
2 -
E
November 20 , 1984
8.
Council Letter 143
Honorable Mayor and
Members of City Council
Subject: Request for specific use permit to establish a church in
an RM-H district at 7650 Park North Drive.
GENERAL INFORMATION
Applicant
11th Street Baptist Churcn
Status of Applicant
property owner
Requested Action specific use permit to estab-
lish a church in an RM-H
district
Existing Zoning
RM-H (Residential Multiple
Family - High Density)
Location
7650 Park North Drive
Size
5 . 75 acres
Existing Land Use
vacant
i
Surrounding Zoning and Land Use _
north - (across Park North)
RM-H, apartments
east - RM-H, vacant
south - P11-H, vacant
west - GC-MD, vacant
Comprehensive Plan Neighborhood Growth Unit
SPECIAL INFORMATION
Public Utilities in Park North Dr. Sanitary Sewer: 8 inch line
Storm Sewer: 36 inch line
Water: 6 inch line
Streets
Park_ North Drive is designated
as a local residential street
and has a 60-foot right-of-way
and 40-foot pavement.
Fire Protection
Station 48 , 6297 Highway 105
Page 2
ANALYSIS
1 See Specific Use Permit Review.
STAFF RECOMMENDATION
Based on the applicant ' s compliance with the eight conditions
necessary for specific use permit approval , staff recommends
approval of the request.
PUBLIC NOTIFICATION AND RESPONSE
Notices Mailed to Property Owners
5
Responses in Favor of Request
0
Responses Opposed to Request
0
PLANNING COMMISSION RECOMMENDATION
The Planning Commission recommended approval of the specific use
permit request by a vote of 5 to 0 .
CThe City Manager recommends approval of the ordinance.
k/L
Karl Nollenberger
City Manager
Page 3
SPECIFIC USE PERMIT REVIEW
ORDINANCE REQUIREMENTS PROPOSAL
1. Description of processes and------------ church: Park North Baptist
activities.
2. Boundaries of area covered by site ------ 5. 75 acres
plan with dimensions.
3. Existing and proposed building
locations with:
- number of stories; ------------------- one
- height; ------------------------------ 15 feet
- gross floor area; -------------------- 2 Proposed at present; 2
in the future*
- entrances and exits. ----------------- from Park North Drive
4. Existing drainage locations and --------- to Park North Drive
direction of flow.
5. ?.roposed landscaping and screening ------ proposed in parking lot
buffers . and front yard areas
6 . Location and dimensions of:
- curb cuts (existing and proposed) ;---- proposed: 2 at 40 feet
- public and private streets , showing --Park North Drive : 60 foot
rights-of-way widths; right-of-way
- parking and loading areas;------------parking for 113 cars;
two 20 foot drives
- pedestrian walks; --------------------at church entrances
-- exterior lighting; ___________________security lights at north
g g� and south sides of parking
trash storage locations; -------------no outdoor trash stor:.ge
7. Fences or screening provisions ----------n.a.
showing location, type and height.
8. Sian height, location and dimensions.----40 sq. ft.
*Presently Proposed: auditorum - 3536 sq. ft.
Sunday school building - 5400 sq. ft.
Future: 2 buildings - 19 , 500 sq. ft. total area
Page 4
CONDITIONS FOR APPROVAL: A Speci_fi c__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;
Existing development in vicinity of request is more inten-
sive and will experience no impairment of value.
2) That the establishment of the specific use will not impede the normal
and orderly development and improvement of surrounding vacant property;
Surrounding multi-family zoning will allow development of
more intensive uses than current proposal.
3) That adequate utilities, access road, drainage and other necessary
supporting facilities have been or will be provided;
Existing support facilities are present and adequate in
Park North Drive.
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 o'r adjacent
developments;
Parking and driveway plan complies with 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 generates none of the five adverse effects .
6) That directional lighting will be provided so as not to disturb or ad-
versely affect neighboring properties;
Security lighting in parking area will cause no adverse
effects .
7) That there are sufficient landscaping and screening to insure harmony and
compatibility with adjacent property;
Parking area complies with ordinance requirements . No
additional ordinance requirements
8) That the proposed use is in accordance with the comprehensive plan;
Comprehensive Plan designates subject area as Neighborhood
Growth Unit. Request is in accordance with plan.
r FILE 954-P. REQUEST FOR A SPECIFIC
USE PERMIT TO ESTABLISH A CHURCH
,r�.. �O ,f is /, • �� LOCATED AT 7650 PARK NORTH DRIVE.
APPLICANT: 11th STREET BAPTIST CHURC}
t!; t I IY 7 tf !! ' 50 'j !/ $ i !t S
51 +� NaVAO I L.iMf
Sunbird 1/200
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ORDINANCE NO.
ENTITLED AN ORDINANCE ISSUING A SPECIFIC USE
PERMIT FOR A CHURCH ON PROPERTY LOCATED AT
7650 PARK NORTH DRIVE .
WHEREAS, the Planning and Zoning Commission of the City of
Beaumont considered the issuance of a specific use permit for a
church on property located at 7650 Park North Drive, Beaumont,
Jefferson County , Texas, to 11th Street Baptist Church, property
owner, its 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 for a church on
property located at 7650 Park North Drive, 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 11th Street Baptist Church, property- owner, its legal
representatives, successors and assigns for that certain tract
&.scribed 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 COUNCIL of the City of Beaumont this the
_ day of , 19
- Mayor -
2 -
i
November 20, 1984 9.
Council Letter 144
Honorable Mayor and
Members of City Council
Subject: Request for specific use permit to establish a doctor' s
office in an RM-H district on property located in the
7800 Block of Gladys.
GENERAL INFORMATION
Applicant pp Dr. Carey Fracht, O.D.
Status of Applicant property owner
Requested Action specific use permit for doctor' s
office
Existing Zoning RM-M (Residential Multiple
Family - Medium Density)
Location 7800 Block of Gladys
Size 93 x 199 , 0 . 43 acre
Existing Land Use vacant
Surrounding Zoning and Land Use north - (across Gladys) RM-m,
townhouses
east - RM-H, vacant
south - RS, single family
residences
west - RM-H, townhouses '
Physical Features no distinguishing characteristic
Comprehensive Plan Neighborhood Growth Unit
SPECIAL INFORMATION
Public Utilities in Gladys Sanitary Sewer: 30 inch line
Storm Drainage : open ditch
Water: 12 inch line
Streets Gladys is designated as a resi-
dential collector and has a 60-
foot right-of-way and 20-foot
pavement.
Fire Protection Station #9 , 7010 Gladys
ti
Page 2 .
ANALYSIS
[See Specific Use Permit Review.
QTAFF RECOMMENDATION
Based on the applicant' s satisfactory compliance with the eight
conditions necessary for specific use permit approval, staff recom-
mends approval of the request.
PUBLIC NOTIFICATION AND RESPONSE
Notices Mailed to Property Owners S
Responses in Favor of Request 0
Responses Opposed to Request 0
PLANNING COMMISSION RECOMMENDATION
The Planning Commission recommended approval of the request by a
vote of 5 to 0 .
The City Manager recommends approval of the ordinance.
Karl Nollenberger
City Manager
Page 3
SPECIFIC USE PERMIT REVIEW
ORDINANCE REQUIREMENTS PROPOSAL
1. Description of processes and------------ optometrist office;
activities. Monday-Friday, 9-5
2. Boundaries of area covered by site ------ Block 36 , Lot A, replat
plan with dimensions. of Dowlen West Unit XIX;
93 x 199 ; 0 . 43 acre
3. Existing and proposed building
locations with:
- number of stories; -------------------one
- height; ------------------------------ 15 feet
- gross floor area; -------------------- 1 building (total area:1200 sq. ft. )
- entrances and exits. -----------------from Gladys
4 . Existing drainage locations and ---------kill connect to open ditch
direction of flow. in Gladys
5. '?Yoposed landscaping and screening ------10-foot landsca eO buffer
strip to surround three
buffers . sides of property
6. Location and dimensions of:
- curb cuts (existing and proposed)----Proposed: 1 at 20 feet
- public and private streets , showing --Gladys: 60 ' right-of-way
rights-of-way widths;
- larking and loading areas;------------Parking for 6 cars
pedestrian walks ; ---------------- 4 ' wide on building en-
---trances
-- exterior lighting; -------------------security lighting at rear
trash storage locations; ------------ and in parking lot
no exterior storage
7. Fences or screening provisions ----------8-foot privacy fence to
showing location, type and height. enclose 3 sides of property
maximum area : 20 sq. ft.
8. Sian height, location and dimensions.---Znaxi um height; 15 feet
one tache� sign permitted
PT-LL-district
I
Page 4
CONDITIONS FOR APPROVAL:. A Specific 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;
Development proposal is compatible in appearance and size , less
intense in traffic generation and hours of operation than abut-
ting multi-family uses. Potential development value of land in
surroundina area zoned RM-H will not be adversely affected.
2) That the establishment of the specific use will not impede the normal
and orderly development and improvement of surrounding vacant property;
Remaining vacant lots to the east are zoned RM-M. Allowable
uses for development will not be impeded by current proposal.
3) That adequate utilities, access road, drainage and other necessary
supporting facilities have been or will be provided;
All existing utilities are present and adequate for 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;
Site plan shows 6 parking spaces . Driveway and parking
arrangement have been approved by Urban Transportation.
5) That adequate nuisance prevention measures have been or will be taken
to prevent or control offensive odor, fumes ,_ dust, noise and vibration;
None of the environmental nuisances are generated by the
proposed use.
6) That directional lighting will be provided so as not to disturb or ad-
versely affect neighboring properties;
No proposal.
7) That there are sufficient landscaping and screening to insure harmony and
compatibility with adjacent property;
Site plan shows all required fencing and lancscaping required
by ordinance on two sides - revision necessary.
8) That the proposed use is in accordance with the comprehensive plan; --
Proposed use is in a Neighborhood Growth Unit of the
comprehensive plan. The request is in accordance with the
plan.
` - FILE 960-P. REQUEST FOR A SPECIFIC
USE PERMI T TO ESTABLISH A DOCTORS
r;.I b •� •101 OFFICE IN AN RM-H DISTRICT AND LOCAT
IN THE 7800 BLOCK OF GLADYS AVENUE.
APPLICANT-: DR. CAREY FRFCHT
-9ec i 1/200
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X07 1/ » » I•I II er a ro
NO._
ORDINANCE NO.
ENTITLED AN ORDINANCE ISSUING A SPECIFIC USE
PERMIT FOR A DOCTOR' S OFFICE ON PROPERTY
LOCATED IN THE 7800 BLOCK OF GLADYS .
WHEREAS, the Planning and Zoning Commission of the City of
Beaumont considered the issuance of a specific use permit for a
doctor' s office on property located in the 7800 Block of Gladys,
Beaumont, Jefferson County, Texas, to Dr. Carey Fracht, O.D. ,
property 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 a specific use permit for a doctor' s
office on property located in the 7800 Block of Gladys, 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 Dr. Carey Fracht, O.D. , property owner, its
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 COUNCIL of the City of Beaumont this the
_ day of 19
Mayor -
2 -
10.
November 30, 1984
Council Letter 147
Honorable Mayor and
Members of City Council
Subject: Landfill Disposal Fee Exemption
On November 6, 1984, the City Council passed a Comprehensive Sanitation and
Landfill related ordinance which included the following provision to exempt
citizens from disposal fees at the municipal landfill (Section 28-39) .
"(a) Applicability: All persons, businesses, commercial institu-
tions, public agencies are required to pay a sanitary land-
fill disposal fee except:
(1) Any resident of the City of Beaumont with a copy of
his most recent utility bill showing a paid garbage
fee for the residence from which the refuse was ac-
cumulated."
This provision results in inconvenience to citizens since they do not generally
expect such a requirement at the landfill . In addition, no reasonable limit to
the number of free trips is provided.
The proposed ordinance amendment would replace Section 28-39(a)(1) with the
following:
"(1) Any resident of the City of Beaumont presenting proof of
residency within the City of Beaumont may make a maximum
of two trips per month of loads not in excess of 15 cubic
yards without charge. The refuse must be accumulated
from the person's residence."
It should be emphasized that, for purposes of enforcement, Lhe showing of a
driver's license will be adequate for proof of residency. In addition, if
the individual is new to Beaumont, any proof of residency such as the in-
dividual 's name listed in our water utility customer file will be sufficient.
It is recommended that this ordinance be adopted.
�,)j
Karl Nollenberger
City Manager
NO /O
ORDINANCE NO.
ENTITLED AN ORDINANCE AMENDING CHAPTER 28 OF
THE CODE OF ORDINANCES OF THE CITY OF
BEAUMONT TO ALLOW GREATER CONVENIENCE IN
CITIZEN EXEMPTION OF LANDFILL DISPOSAL FEES;
PROVIDING FOR SEVERABILITY AND PROVIDING
FOR REPEAL.
BE IT ORDAINED BY THE CITY OF BEAUMONT:
Section 1 .
That Chapter 28 , Section 28-39( a) (1 ) of the Code of
Ordinances of the City of Beaumont be, and the same is hereby ,
amended to read as follows:
Section 28-39( a) (1 ) :
Any resident of the City of Beaumont
presenting any proof of residency within the
City of Beaumont may make a maximum of two ( 2 )
trips per month of loads not in excess of
fifteen ( 15) cubic yards without charge. The
refuse must be accumulated from the person' s
residence.
Section 2 .
That if any section, subsection, sentence, clause or
phrase of this ordinance, or the application of same to a
particular set of persons or circumstances, should for any reason
be held to be invalid, such invalidity shall not affect the
remaining portions of this ordinance, and to such end the various
portions and provisions of this ordinance are declared to be
severable.
Section 3 .
That all ordinances or parts of ordinances in conflict
hE)rewith are repealed to the extent of the conflict only.
PASSED BY THE CITY COUNCIL of the City of Beaumont this
the day of , 1984.
Mayor -
2 -
� r
11.
November 30, 1984
Council Letter 149
Honorable Mayor and
Members of City Council
Subject: Authorizing Ten-year Vesting for City Employees
During the adoption of the 1984-85 fiscal budget, Councilmembers approved
ten-year vesting of benefits in the Texas Municipal Retirement System (TMRS)
for pension benefits for City of Beaumont personnel. Subtitle G of Title 110B
Revised Civil Statutes of the State of Texas requires that changes to a
municipality's retirement system be authorized by ordinance of the City Council.
The attached ordinance meets the authorization requirements of the TMRS Act.
Adoption of this ordinance will allow the following:
1. A member becomes "vested" with ten years of TMRS service
and can then retire at age 60. Vesting means the employee
retains future rights to pension benefits even though he/she
may terminate employment with the City.
2. All employees that were hired under the age of 60 will become
members of the Retirement System and receive full prior
service credit back to their date of employment. This means
that those employees who were above the maximum age (55) for
initial membership in the System at the time of his/her employ-
ment, shall become a member of the System on the effective
date of the ordinance. In addition, these employees shall be
allowed prior service credit for each month of credible service
performed for the City of Beaumont from his/her date of
employment.
3. All employees hired in the future will be eligible for
membership provided they are under 60 years of age when
employed.
It is recommended that this ordinance be adopted.
Karl Nollenberger
City Manager
PEI
I T Z
NO
TEXAS MUNICIPAL RETIREMENT SYSTEM
AN ORDINANCE AFFECTING PARTICIPATION OF CITY
EMPLOYEES IN THE TEXAS MUNICIPAL RETIREMENT
SYSTEM; GRANTING THE ADDITIONAL RIGHTS,
CREDITS AND BENEFITS AUTHORIZED BY SECTIONS
62.105 AND 64.202 OF TITLE 1108, REVISED CIVIL
STATUTES OF TEXAS, 1925, AS AMENDED; PROVIDING
THAT SUCH RIGHTS SHALL BE SUPPLEMENTARY TO
THOSE HERETOFORE ALLOWED AND THAT ARE IN
FORCE ON THE EFFECTIVE DATE OF THIS
ORDINANCE; AND PRESCRIBING THE EFFECTIVE DATE
OF THIS ORDINANCE.
BE IT ORDAINED BY THE CITY COUNCIL OF BEAUMONT, TEXAS:
Section 1. Pursuant to the provisions of Sections 62.105 and 64.202 of Subtitle G of
Title 110B, Revised Civil Statutes of Texas, 1925, as amended, which Subtitle shall herein be
referred to as the "TMRS ACT," the City of Beaumont, Texas, adopts the following provisions
affecting participation of its employees in the Texas Municipal Retirement System:
(a) Each person who becomes an employee of any participating department of this City
and who is not already a member of the Texas Municipal Retirement System shall become a
member of the System as a condition of employment, provided such person is then under sixty
(60) years of age;
(b) Any member, after one (1) year from the effective date of his or her membership in
the System, shall be eligible for service retirement if he or she has attained the age of fifty
(50) years and has completed twenty-five (25) years of creditable service with one or more
municipalities that have authorized eligibility under Section 64.202 of the TMRS Act or under
Section XX of former Article 6243h, Vernon's Texas Civil Statutes, or if he or she has
attained the age of sixty (60) years and has completed at least ten (10) years of creditable
service with one or more municipalities that have authorized eligibility under Section 64.202
of the TMRS Act of under Section XX of said former Article 6243h;
(c) The membership of any person who has completed at least ten (10) years of
creditable service with participating municipalities that have authorized eligibility under
Section 64.202 of the TMRS Act (or under Section XX of said former Article 6243h) shall not
terminate because of absence from service; and
(d) Any person who is an employee of a participating department of this municipality at
the effective date of this ordinance, but who at the date of his or her employment was under
sixty (60) years of age but did not become a member of Texas Municipal Retirement System
because he or she was then above the maximum age then prescribed by law for initial
membership in the System, shall become a member of the System at the effective date of
this ordinance, unless he or she has already become a member under other provisions of the
governing Act, and shall be allowed prior service credit for each month of creditable service
performed for this municipality subsequent to the date such person was precluded from
membership and prior to the effective date of his or her membership. Such prior service
credit shall be calculated using the same percentage of base prior service credit as was most
recently used in calculating prior service credits or updated service credits in said System for
current member employees of this City.
TMR>W—L (Continued) Page 2
Section 2. The rights, credits and benefits hereinabove authorized shall be in addition
to the plan provisions heretofore adopted and in force at the effective date of this ordinance
pursuant to the TMRS Act.
Section 3. This ordinance shall become effective on the first day of October ,
19 84 , provided that it has previously been determined by the Actuary for the System that
all obligations of the City to the municipality accumulation fund, including obligations hereby
undertaken, can be funded by the City within its maximum contribution rate and within its
amortization period.
Passed and approved this the day of , 19
ATTEST: APPROVED:
City Secretary or Clerk Mayor
j
12.
November 30, 1984
Council Letter 162
Honorable Mayor and
Members of City Council
Subject: Participation Project - Collier Road Storm Sewer Project
Fittz and Shipman, Consulting Engineer for the developer, Stanley P. Smith
Companies, has requested City participation in the cost of storm drainage
along Collier Road from Crow Road to the most easterly driveway entrance into
the apartment project, which will be approximately 900 feet in length. The
City's participation will be in accordance with City Storm Drainage Partici-
pation Policy.
Based on this policy, the City's participation in this project will consist
of paying for the difference in the cost of 36-inch storm sewer pipe to
drain the apartment complex and 48-inch storm sewer pipe required for proper
drainage of the area.
The total estimated cost of the City's participation, including engineering
fees, is approximately $28,314. The estimated cost of the storm drainage pro-
ject is $67,500. Funds are available and the City will administer this con-
struction contract.
It is recommended that this resolution be approved.
Karl Nollenberger
City Manager
I
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xrST. 2- 481 PROPOSED COLLIER ROAD
'STORM SEWER 48 It STORM SEWER
COLL/C�e QD, 1i olzuw.
�r1CLE8R<alUDr
AYQU
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Fittz&Shipman
INC_
Connttz,nF fn�nKrs and Land sunlryvrs
--- _ FOL 50M DR.
r•
ITEM
:C ------------
R E S O L U T I O N
BE IT RESOLVED BY THE--CITY COUNCIL OF THE
CITY OF BEAUMONT:
THAT the City Manager be, and he is hereby , authorized to enter
into an agreement with Stanley P. Smith Companies, Developer, for
city participation in the cost of storm drainage easterly along
Collier Road from Crow Road for approximately 900 feet for a sum
not to exceed $28 ,314, including engineering fees.
BE IT FURTHER RESOLVED that Fittz & Shipman, Consulting
Engineers, be contracted to provide the necessary engineering
service for this participation project.
PASSED BY THE CITY COUNCIL of the City of Beaumont this
the day of 1984 .
-- Mayor -
13.
November 30, 1984
Council Letter 160
Honorable Mayor and
Members of City Council
Subject: Crockett Connector Right-of-Way Acquisition
The Crockett Connector Project, which is part of the Thoroughfare Improvement
Program, was approved by Council July 12, 1983. This project will connect
the downtown area with Phelan Boulevard west of Interstate 10. Phase I of
this project begins at Main Street and ends at Forrest Street.
Appraisals and negotiations have been completed for Parcel 13, a 2,173.28
square-foot tract of land out of Lots 686 and 687, Block 29 of the Original
Townsite of Beaumont. The owners, the Enterprise Company, have agreed to
sell at the value of $24,000. Monies are available for this expenditure in
the Thoroughfare Improvement Program budget.
This is the sixth parcel out of eleven needed for this project.
'A zi,
Karl Nollenberger
City Manager
_ ----- CALDER 3 J
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BROADWAY
Jo tip,
LIBERTY ci ,—\
Fq
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LAUREL
a
-- - - -� rl ---
BERR Y �y
M UL �s
657 662
656 661
655 660
--
654 659
------
/ \z - - 6S CROCKETT CONNECTOR
TFV/.S
TRACT 13
A PORTION OF LOTS 686 a 687 - BLOCK 29
G ,
OF THE ORIGINAL TOWNSITE OF BEAUMONT
URRAN TRANSPORTATION — ENGINEERING DI V 11 ;R N4
No. /3
R E S O L U T I O N
WHEREAS, an agreement has been negotiated for the
purchase of property needed for the Crockett Connector Thoroughfare
Improvement Program Project;
NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the purchase of the following parcel of land is hereby
approved:
Parcel 13: A 2 ,173.28 foot tract of land out of
Lots 686 and 687, Block 29 of the
Original Townsite of Beaumont
Cwner: The Enterprise Company
Value: $24,000
PASSED BY THE CITY COUNCIL of the City of Beaumont this
the day of 1984 .
Mayor -
14.
November 30, 1984
Council Letter 152
Honorable Mayor and
Members of City Council
Subject: Westgate Drive Participation Project
Kohler and Kohler, acting as Consulting Engineer for Sam C. Parigi , Jr. ,
Trustee, has requested the City' s participation in the cost of paving a
portion of Westgate Drive in accordance with the City's Participation Policy.
Eased on this policy, the City's participation in this project will consist
of paying for the extra width and thickness required on Westgate Drive from
Major Drive 975 feet east. This street is designated as a 37-foot residential
collector street in lieu of a 27-foot residential street.
The total estimated City cost, including the engineering fee, is $33,682.80.
The estimated cost of the entire project is $96,320.73. The City will ad-
minister this construction contract. Funds are available within this year's
budget.
It is recommended that this resolution be approved.
VL t\�
Karl Nollenberger
City Manager
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WESTGATE DRIVE EXTENSION'
11-27- 84
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R E S O L U T I O N
BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF BEAUMONT:
THAT the City Manager be, and he is hereby , authorized to enter
into an agreement with Sam C . Parigi , Jr. , Trustee, for city
participation in the cost of paving a portion of Westgate Drive
for a sum not to exceed $33,682.80, including engineering fees.
BE IT FURTHER RESOLVED that Kohler & Kohler, Consulting
Engineers, be contracted to provide the necessary engineering
services for this participation project.
PASSED BY THE CITY COUNCIL of the City of Beaumont this
the day of 1984 .
- Mayor -
15.
November 30, 1984
Council Letter 145
Honorable Mayor and
Members of City Council
Subject: Former Szafir Building Site Condemnation
Pis part of the downtown redevelopment plan, it is proposed the City acquire
the former Szafir Building site, a 0.53-acre tract of land. This will give
the City ownership of the entire block bounded by Main, Forsythe, Pearl and
Fannin.
The Szafir parking lot will be used for additional civic complex parking.
The former Szafir building will be used for other municipal purposes.
The owner, Rio Properties, has refused the offer of the appraised value of
$279,600. During negotiations, their firm price was $398,000.
This resolution will authorize the Legal Department to commence eminent
domain proceedings against Lots 61, 62 and the east 34 feet of Lot 63 in
Block 13 of the Original Townsite of Beaumont.
It is recommended that this resolution be approved.
i2s � --
Karl Nollenberger
City Manager
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LOTS 61,62, 8 EAST 34' OF LOT 63
' I BLOCK 13
TYRRELL HiGT.. LIEKARY -li i ORIGINAL TOWN OF BEAUMONT
240 FORSYTHE STREET
L - BEAUMONT JEFFERSON CO. TEXAS
NOVEMBER 29,1984
PEAKL G75eT
s "!.0� STEM
R E S O L U T I O N
WHEREAS, the City Council of the City of Beaumont deems
it necessary to acquire property in the vicinity of the municipal
complex for additional parking and other municipal purposes; and,
WHEREAS, said City Council has found that a public
necessity exists requiring the location of parking and other
municipal facilities on the hereinafter described property; and,
WHEREAS, the City Council deems it necessary to acquire
the hereinafter described interest in and to the hereinafter
described property for the location of parking and other municipal
facilities on said land, and has found and determined that said
interest in and to the hereinafter described land are suited for
such purposes and that it is necessary to acquire same for said
purposes; and,
WHEREAS, the City of Beaumont, through its duly
authorized representatives, has negotiated in good faith with the
owners of the hereinafter described land and have been unable to
agree with such owners as to the fair market value thereof and
damages, if any;
NOW, THEREFORE, BE IT RESOLVED BY THE
CITY OF BEAUMONT:
THAT Lane Nichols, City Attorney , be, and he is hereby , authorized
and directed to file or cause to be filed against all owners of the
following parcels of land, and all claimants of any interest
therein, proceedings in eminent domain to acquire fee simple title
for said purposes, in and to the said parcel of land described in
Exhibit "A" attached hereto and made a part hereof, the parcels of
land being situated in Beaumont, Jefferson County , Texas.
PASSED BY THE CITY COUNCIL of the City of Beaumont this
the day of 1984 .
Mayor -
2 -
16.
November 30, 1984
Council Letter 157
Honorable Mayor and
Members of City Council
Subject: Naming Reception Halls in Julie Rogers Theatre
Designating the two reception halls of either side of the entrance of the
Julie Rogers Theatre as the "Dr. Lena T. Milam Hall" and the "Nancy F. Strong
Hall" was discussed at the Work Session of November 20th. Naming of these
two halls is being placed on Tuesday's agenda for Council consideration.
It is recommended that this resolution be approved.
4,ZQ- °�h A Y A
Karl Nollenberger
City Manager
AGED A 17
R E S O L U T I O N
WHEREAS, the City of Beaumont has benefited immeasurably
from the achievements of two of its citizens in the area of the
performing arts; and,
WHEREAS, one of these citizens, Dr. Lena Triplett Milam,
called the "matriarch of Music in Beaumont" , was responsible for
the city-wide teaching of music in the public schools to the youth
of the community, and was active in the encouragement of music
appreciation among all its citizens, and was active in music
education in the State of Texas, bringing honor to the community;
a.nd,
WHEREAS, the second of these citizens, Nancy Faulkner
Strong, (Mrs. Beaman Strong) was the guiding hand of the Beaumont
Music Commission for over three decades, bringing to Beaumont the
most illustrious stars of the music and stage world, thereby
enriching the cultural life of the area;
NOW, THEREFORE BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT we the citizens of Beaumont, desiring to honor the
achievements and memory of these ladies do hereby request the City
Council of Beaumont to designate the two receptions halls on cithe�r
side of the entrance of the Julie Rogers Theater as the Dr. Lena T.
Milam Hall and the Nanch F . Strong Hall.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the
day of 1984 .
Mayor -
17
November 30, 1984
Council Letter 158
Honorable Mayor and
Members of City Council
Subject: Amending Article III of Chapter 6, Code of Ordinance, Relating to
Flood Hazard Areas
The City of Beaumont is required to adopt regulations that meet minimum flood
management requirements set by the Federal Emergency Management Agency. The
City's ordinance has to be amended and adopted by December 4, 1984, to main-
tain the eligibility of the City's citizens and businesses to participate in
the Federal flood insurance program.
The amended ordinance has been reviewed and approved by the Federal Emergency
Management Agency and the City's Legal Department. Meetings were also con-
ducted with the Chamber of Commerce Drainage Committee, the Joint City/Deve-
lopment Committee and some members of the Homebuilders Association. A public
hearing was conducted on November 20, 1984. No objections to the new ordinance
were raised .
It is recommended that the amendment to this ordinance be adopted.
k�k ry
Karl Nollenberger
City Manager .
CODE OF ORDINANCES
CITY OF BEAUMONT
TEXAS
CHAPTER 6 , ARTICLE III . FLOOD HAZARD AREAS
SECTION 6-30 . ESTABLISHMENT
Flood hazard areas are hereby established within the city and are
designated as Zones A , AO, AH , Al through A30 , inclusive, A99 , B, C, D ,
V, and Zones V1 through V30 , inclusive , as identified on the Federal
Insurance Administration Official Flood Insurance Map, community number
485457B dated December 4 , 1984 , and on file in the office of the city
clerk.
SECTION 6-30 .1 STATEMENT OF PURPOSE
It is the purpose of this Article to promote the public health,
safety and general welfare and to minimize public and private losses due
to flood conditions in specific areas by provisions designed to:
(1 ) To protect human life and health;
( 2 ) To minimize expenditure of public money for costly flood
control projects;
( 3 ) To minimize the need for rescue and relief efforts associated
with flooding and generally undertaken at the expense of the
general public;
(4 ) To minimize prolonged business interruptions;
(5 ) To minimize damage to public facilities and utilities
such as water and gas mains, electric, telephone and
sewer lines, streets and bridges located in flood plains;
(6 ) To help maintain a stable tax base by providing for the
sound use and development of flood-prone areas in such a
manner as to minimize future flood blight areas; and ,
(7 ) To insure that potential buyers are notified that property
is in a flood area.
Page 1
SECTION 6-30.2 METHODS OF REDUCING FLOOD LOSSES
In order to accomplish its purposes, this Article uses the following
methods:
( 1 ) Restrict or prohibit land uses that are dangerous to health,
safety or property in times of flood, or cause excessive
increases in flood heights or velocities;
(2 ) Require that land uses vulnerable to floods, including
facilities which serve such uses, be protected against
flood damage at the time of initial construction;
(3 ) Control the alteration of natural flood plains, stream
channels, and natural protective barriers, which are
involved in the accommodation of flood waters;
(4 ) Control filling, grading , dredging and other
development which may increase flood damage;
(5 ) Prevent or regulate the construction of flood barriers
which will unnaturally divert flood waters or which may
increase flood hazards to other lands.
SECTION 6-30.3 DEFINITIONS.
Unless specifically defined below, words, phrases used in this
ordinance shall be interpreted to give them the meaning they have in
common usage and to give this ordinance its most reasonable application.
Appeal means a request for a review of the chief building
inspector' s interpretation of any provisions of this article or a request
for a variance as defined in this Section.
Area of shallow flooding means a designated AO Zone on a community' s
flood insurance rate map (FIRM) with base flood depths from one to three
( 3 ) feet. This condition occurs where a clearly defined channel does not
exist, where the
Area of Special Flood Hazard is the land in the flood plain within a
community subject to a one percent or greater chance of flooding in any
given year. The area may be designated as Zones A, AO, AH , Al-99 , VO .
or V1-30 .
Page 2
Base flood means the flood having a one per cent chance of being
equalled or exceeded in any given year.
Development means any man-made change to improved or unimproved real
estate, including but not limited to buildings or other structures,
mining, dredging , filling , grading , paving, excavation or drilling
operations.
Existing mobile home park or mobile home subdivision means a parcel
( or contiguous parcels) of land divided into two ( 2 ) or more mobile home
lots for rent or sale for which the construction of facilities for
servicing the lot on which the mobile homes is to be affixed ( including ,
at a minimum, the installation of utilities, either final site grading or
the pouring of concrete pads , and the construction of streets) is
completed before the effective date of this Article.
Expansion to a existing mobile home park or mobile home subdivision
means the preparation of additional sites by the construction of
facilities for servicing the lots on which the mobile homes are to be
affixed ( including the installation of utilities , either final site
grading or pouring of concrete pads , or the construction of streets) .
Flood or flooding means a general and temporary condition of partial
or complete inundation of normally dry land areas from:
(1 ) The overflow of inland or tidal waters;
( 2 ) The unusual and rapid accumulation or
runoff of surface waters from any
source.
Flood Hazard Boundary Map ( FHBM) means the official map of the City
of Beaumont, issued by the Federal Insurance Administration, where the
areas within the boundaries of special flood hazards have been designated
as Zone A.
Flood insurance rate map ( FIRM) means an official map of a community
on which the Federal Insurance Administration has delineated both the
areas of special flood hazards and the risk premium zones applicable to
the community.
Flood Insurance Study is the official report provided by the Federal
Insurance Administration. The report contains flood profiles, the water
surface elevation of the base flood, as well as the Flood Hazard
Boundary-Floodway Map.
Floodway means the channel of a river or other watercourse and the
adjacent land areas that must be reserved in order to discharge the base
flood without cumulatively increasing the water surface elevation more
than one foot.
Page 3
Habitable floor means any floor usuable for living purposes, which
includes working , sleeping, eating, cooking or recreation, or a
combination thereof. A floor used for storage purposes only is not a
"habitable floor. "
Highest Adjacent Grade means the highest natural elevation of the
ground surface prior to construction next to the proposed walls of a
structure.
Mean sea level means the average height of the sea for all stages of
the tide.
Mobile home means a structure, transportable in one or more
sections, which is built on a permanent chassis and designed to be used
with or without a permanent foundation when connected to the required
utilities. It does not include recreational vehicles or travel
trailers.
New mobile home park or mobile home subdivision means a parcel ( or
contiguous parcels) of land divided into two 2 or more mobile home lots
for rent or sale for which the construction of facilities for servicing
the lot on which the mobile home is to be affixed ( including, at a
minimum, the installation of utilities, either final site grading or the
pouring of concrete pads , and the construction of streets) is completed
on or after the effective date of this Article.
Start of construction means the first placement of permanent
construction of a structure ( other than a mobile home) on a site, such as
the pouring of slabs or footings or any work beyond the stage of
excavation. Permanent construction does not include land preparation,
such as clearing, grading, and filling; nor does it include the
installation of streets and/or walkways; nor does it include excavation
for .a basement, footings , piers or foundations or the erection of
temporary forms; nor does it include the installation on the property of
accessory buildings , such as garages or sheds not occupied as dwelling
units or not as part of the main structure. For a structure ( other than
a mobile home ) without a basement or poured footings the "start of
construction" includes the first permanent framing or assembly of the
structure or any part thereof on its piling or foundation. For mobile
homes not within a mobile home park or mobile home subdivision, "start of
construction" means the affixing of the mobile home to' its permanent
site. For mobile homes within mobile home parks or mobile home
subdivisions, "start of construction" is the date on which the mobile
home is to be affixed ( including , at a minimum, the construction of
streets, either final site grading or the pouring of concrete pads , and
installation of utilities) is completed.
Structure means a walled and roofed building that is principally
above ground, as well as a mobile home.
Page 4
Substantial improvement means any repair, reconstruction, or
improvement of a structure, the cost of which equals or exceeds fifty
( 50) per cent of the market value of the structure either: (1 ) Before
the improvement or repair is started; or (2 ) If the structure has been
damaged and is being restored, before the damage occurred. For the
purposes of this definition "substantial improvement" is considered to
occur when the first alteration of any wall, ceiling , floor, or other
structural part of the building commences, whether or not that alteration
affects the external dimensions of the structure. The term does not,
however, include either: (1 ) Any projects for improvement of a structure
to comply with existing state or local health, sanitary, or safety code
specifications which are solely necessary to assure safe living
conditions; or (2 ) Any alterations of a structure listed on the National
Register of Historic Places or a state inventory of historic places.
Variance is a grant of relief to a person from the requirements of
this Article when specific enforcement would result in unnecessary
hardship. A variance, therefore, permits construction or development in
a manner otherwise prohibited by this Article.
SECTION 6 .31 LANDS TO WHICH THIS ARTICLE APPLIES
This Article shall apply to all areas of Special Flood Hazard
within the jurisdiction of the City of Beaumont as established in
Section 6 .30 .
SECTION 6 .32 BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARD
The areas of Special Flood Hazard identified by the Federal
Insurance Administration in a scientific and engineering report entitled
"The Flood Insurance Study for the City of Beaumont, " dated June 4 , 1984 ,
with accompanying Flood Insurance Rate Maps and Flood Hazard
Boundary-Floodway Maps and any revision thereto are hereby adopted by
reference and declared to be a part of this Article.
SECTION 6 .33 CHANGING BOUNDARIES OR REGULATIONS
The governing body of the city may from time to time amend,
supplement, or change by ordinance the boundaries of the flood hazard
areas or regulations herein established, if required or approved by the
Federal Emergency Management Agency (FEMA) .
Page 5
SECTION 6 .34 FLOOD CONTROL BOARD -- ESTABLISHMENT; MEMBERSHIP
A flood control board is hereby established, which shall consist of
the board of adjustment. (Code 1958, Section 8-11 )
SECTION 6 .34.1 SAME -- POWERS
The flood control board shall have the following powers:
(1 ) To hear appeals and to make decisions thereon where it is
alleged there is an error in any order, requirement, decision,
or determination made by an administrative official in the
enforcement of this Article.
( 2 ) To grant variances in cases in which the property owner meets
the conditions set forth in Section 6 .35 of this Article.
SECTION 6 .34 .2 SAME -- QUORUM; VOTING
All cases brought before the flood control board shall be heard 'by
at least four (4) board members, which shall constitute a quorum.
Decisions shall be based upon a minimum of four (4 ) concurring votes.
SECTION 6 .35 GRANTING OF VARIANCES
( 1 ) Variances may be issued for the reconstruction, rehabilitation
or restoration of structures listed on the National Register
of Historic Places or the State Inventory of Historic Places,
without regard to the procedures set forth in the remainder
of this section.
(2 ) Generally, variances may be issued for new construction and
substantial improvements to be erected on a lot on one-half
acre or less in size contiguous to and surrounded by lots with
existing structures constructed below the base flood level,
Page 6
providing the relevant factors in Section 6 .38 . 2 have been
fully considered. As the lot size increases beyond the one—half
acre, the technical justification required for issuing the
variance increases.
( 3 ) Upon consideration of the factors noted above and the intent
of this Article, the Flood Control Board may attach such
conditions to the granting of variances as it deems necessary
to further the purpose and objectives of this Article.
(Section 6 .30 .1 )
(4 ) Variances shall not be issued within any designated floodway
if any increase in flood levels during the base flood
discharge would result.
(5 ) Prerequisites for granting variances:
a. Variances shall only be issued upon a determination that
the variance is the minimum necessary, considering the
flood hazard, to afford relief.
b. Variances shall only be issued upon ( i ) a showing of good
and sufficient cause, ( ii) a determination that failure to
grant the variance would result in exceptional hardship to
the applicant, and (iii) a determination that the granting
of a variance will not result in increased flood heights,
additional threats to public safety, extraordinary public
expense, create nuisances, cause fraud on or victimization
of the public, or conflict with existing local laws or
ordinances.
C . Any applicant to whom a variance is granted shall be given
written notice that the structure will be permitted to be
built with a lowest floor elevation no less than the
regulatory base flood elevation, and that the cost of
flood insurance will be commensurate with the increased
risk resulting from the reduced lowest floor elevation.
SECTION 6 .36 ESTABLISHMENT OF DEVELOPMENT PERMIT
A development permit shall be required to ensure conformance with
the provisions of this article.
Page 7
SECTION 6 .36 .1 COMPLIANCE
No structure or land shall hereafter be located, altered, or have
its use changed without full compliance with the terms of this Article
and other applicable regulations.
SECTION 6 .36 .2 ABROGATION AND GREATER RESTRICTIONS
This Article is not intended to repeal, abrogate, or impair any
existing easements, covenants, or deed restrictions. However, where this
Article and another conflict or overlap, whichever imposes the more
stringent restrictions shall prevail .
SECTION 6 .36 .3 INTERPRETATION
In the interpretation and application of this Article, all
provisions shall be: (1 ) considered as minimum requirements; (2 )
liberally constructed in favor of the governing body; and (3 ) deemed
neither to limit nor repeal any other powers granted under State
statutes.
SECTION 6 .37- WARNING AND DISCLAIMER OF LIABILITY
The degree of flood protection required by this Article is
considered reasonable for regulatory purposes and is based on scientific
and engineering considerations . On rare occasions greater floods can and
will occur and flood heights may be increased by man-made or natural
causes. This ordinance does not imply that land outside the areas of
special flood hazards or uses permitted within such areas will be free
from flooding or flood damages. This ordinance shall not create
liability on the part of the City of Beaumont or any officer or employee
thereof for any flood damages that result from reliance on this ordinance
or any administrative decision lawfully made thereunder.
Page 8
SECTION 6 .38 PERMITS -- INFORMATION REQUIRED
Application made to the City for- any permit authorizing the
subdivision or development of any parcel of land or the construction,
placing , or substantial improvement of any structure within a flood
hazard area shall include evidence demonstrating the following:
( 1 ) That the proposed subdivision, development, or construction is
designed so as to be consistent with the need to minimize
flood damage and is in compliance with the terms of this
Article.
(2 ) That all public utilities are located, elevated, and
constructed to minimize or eliminate flood damage.
(3 ) That adequate drainage is provided.
SECTION 6 .38 .1 DUTIES AND RESPONSIBILITIES OF THE CHIEF
BUILDING INSPECTOR
Duties and responsibilities of the chief building inspector shall
include, but not be limited to:
(1 ) Review, approve or deny all applications for development
permits required by Section 6 .38 of the Article;
( 2 ) Review permits for proposed development to assure that all
necessary permits have been obtained from those federal ,
state or local governmental agencies from which prior approval
is required;
( 3 ) Where interpretation is needed as to the exact location
of the boundaries of the areas of special flood hazards
(for example, where there appears to be a conflict
between a mapped boundary and actual field conditions)
the chief building inspector shall make the necessary
interpretation. The person contesting the location of
the boundary shall be given a reasonable opportunity
to appeal the interpretation as provided in Section
6 .34 .1 of this Article;
(4) Notify adjacent communities and the Texas Department
of Water Resources prior to any alteration or relocation
Page 9
of a watercourse, and submit evidence of such
notification to the Federal Insurance Administration;
( 5 ) Assure that maintenance is provided within the altered
or relocated portion of said watercourse so that the
flood carrying capacity is not diminished;
( 6) When base flood elevation data has not been provided in
accordance with Section 6.39 , the chief building
inspector shall obtain, review, and reasonably utilize any
base flood elevation data available from a federal, state, or
other source, in order to administer the provision of Section
6 .38 .1 (1 ) .
( 7 ) Maintain and hold open for public inspection all records
pertaining to the provisions of this Article.
(8 ) Maintain a record of all actions involving an appeal and
shall report variances to the Federal Insurance Administration
upon request.
SECTION 6 .38 .2 PERMIT PROCEDURES
(1 ) Application for a development permit shall be presented
to the chief building inspector on forms furnished by him
and may include , but not be limited to, plans in duplicate
drawn to scale showing the location, dimensions, and
elevation of proposed landscape alterations, existing
and proposed structures, and the location of the foregoing in
relation to areas of special flood hazard. Additionally, the
following information is required:
( a) Elevations:
1 . The ground elevation.
2 . The first floor elevation.
3 . In the case of a basement, the distance between
the first floor and the bottom of the lowest
opening where water flowing over the ground would
enter.
4 . Elevation in relation to mean sea level, of the
lowest floor ( including basement) of all proposed
structures;
5 . Elevation in relation to mean sea level to which
any nonresidential structure shall be floodproofed.
(b) A certificate from a registered professional engineer
or architect that the non-residential floodproofed
Page 10
structure shall meet the floodproofing criteria of
Section 6 .44 (2 ) .
( c) Description of the extent to which any watercourse or
natural drainage will be altered or relocated as a
result of proposed development.
(2 ) Approval or denial of a Development Permit by the Chief
Building Inspector shall be based on all of the provisions
of this Ordinance and the following relevant factors:
(a) The danger to life and property due to flooding or
erosion damage;
(b) The susceptibility of the proposed facility and its
contents to flood damage and the effect of such damage
on the individual owner;
( c) The danger that materials may be swept onto other
lands to the injury of others;
(d) The compatibility of the proposed use with existing
and anticipated development;
( e) The safety of access to the property in times of flood
for ordinary and emergency vehicles;
(f) The costs of providing governmental services during
and after flood conditions including maintenance and
repair of streets and bridges, and public utilities
and facilities such as sewer, gas, electrical, and water
systems.
(g ) The expected heights, velocity, duration, rate of rise
and sediment transport of the flood waters and the
effects of wave action, if applicable, expected at the
site;
( h) The necessity to the facility of a waterfront location,
where applicable;
( i ) The availability of alternative locations, not subject
to flooding or erosion damage, for the proposed use;
( j ) The relationship of the proposed use to the comprehensive
plan for that area.
` Page 11
SECTION 6 .38 .3 SAME -- REVIEW OF APPLICATIONS
All such evidence as required by -Section 6 .38 shall be submitted to
the director of public works and to the director of public utilities for
review and verification. The findings of the director of public works
and the director of public utilities shall be in writing and shall
constitute a condition of the permit; no permit shall be issued without
such written findings.
SECTION 6 .39 STANDARDS FOR SUBDIVISION PROPOSALS
Base flood elevation data shall be provided for subdivision
proposals and other proposed developments which are greater than the
lesser of fifty (50) lots or five (5 ) acres, if not otherwise provided
pursuant to this Article. Such data shall demonstrate:
(1 ) That all subdivision proposals shall be consistent with
Sections 6 .38 , 6 .38 .2 , 6 .40, 6 .41 , 6 .42, 6 .42.2 , 6 .43,
6 .44, 6 .44.1 , 6 .45 and 6 .46 of this Article.
( 2 ) That all proposals for the development of subdivisions shall
meet development permit requirements of Section 6 .38 and
Section 6 .38 .2 of this Article;
( 3 ) That all subdivision proposals shall have adequate drainage
provided to reduce exposure to flood hazards; and,
(4 ) That all subdivision proposals shall have public utilities
and facilities such as sewer, gas, electrical and water
systems located and constructed to minimize flood damage.
SECTION 6 .40 USES; RESTRICTIONS
Located within areas of Special Flood Hazards established in Section
6 .32 are areas designated as floodways. Since the floodway is an
extremely hazardous area due to the velocity of flood waters which carry
debris, potential projectiles and erosion potential , the following
provisions shall apply:
Page 12
(a) Encroachments are prohibited, including fill, new
construction, substantial improvements and other
developments unless certification by a professional
registered engineer or architect is provided
demonstrating that encroachments shall not result in any
increase in flood levels during occurence of the base flood
discharge.
(b) If Section 6 .40 (a) above is satisfied, all new construction
and substantial improvements shall comply with all applicable
flood hazard reduction provisions of Section 6 .39 , 6 .40, 6 .41,
6 .42 , 6 .42.1 , 6 .43 , 6 .44, 6 .44.1 , 6 .45 , 6 .45 .1 and 6 .46 .
( c) Prohibit the placement of any mobile homes , except in an
existing mobile home park or subdivision.
SECTION 6 .41 CONSTRUCTION TECHNIQUES, MATERIALS, AND
UTILITY EQUIPMENT
(a ) Within a flood hazard area , construction techniques used
in new construction, major repairs, or substantial
improvements must be those which will minimize flood
damage, and both construction materials and utility
equipment must be flood resistant .
( b) Structures shall be designed or modified to prevent
floatation, collapse or lateral movement of the structure
and to prevent damage to nonstructural elements. All
mobile homes not on wheels and all frame structures ,
including prefabricated houses, shall be securely anchored
to foundations in order to prevent floatation or lateral
movement.
( c) All air ducts, large pipes, and storage tanks located at or
below the first floor level shall be firmly anchored to
prevent floatation. Tanks shall be vented at a location
above the one hundred-year flood level .
SECTION 6 .42 WATER SUPPLY AND SANITARY SEWAGE SYSTEMS
New or replacement public water systems and/or sanitary sewage
systems shall be designed to minimize or eliminate infiltration of flood
waters into the systems and discharges from the systems into flood
waters.
Page 13
SECTION 6 .42 .1 ON-SITE WASTE DISPOSAL SYSTEMS
On-site waste disposal systems shall be located to avoid impairment
to them or contamination from them during flooding.
SECTION 6 .43 ELEVATION -- RESIDENTIAL STRUCTURES
Within a flood hazard area, residential structures which are newly
constructed or which are being substantially improved must have the
lowest floor, including basement elevated to above the regulatory base
flood elevation specified in the flood insurance study of June 4 , 1984
prepared by FEMA.
SECTION 6 .44 SPECIFIC STANDARDS -- BASE FLOOD ELEVATIONS DETERMINED
In all areas of special flood hazards where base flood elevation
data has been provided as set forth in Section 6 .30, Section 6 .38 .1 , or
Section 6 .39 , the following provisions are required:
(1 ) Residential construction. New construction or substantial
improvement of any residential -structure shall have the lowest floor,
including basement, elevated to one (1 ) foot above the regulatory base
flood elevation. A registered professional engineer, architect, or land
surveyor shall submit a certification to Lhe chief building inspector
that the standard of this subsection, as proposed in Section 6 .38 .2 is
satisfied;
(2 ) Nonresidential construction. New construction substantial
improvement of any commercial, industrial or other nonresidential
structure shall either have the lowest floor, including basement,
elevated to one ( 1 ) foot above the regulatory base flood elevation or,
together with attendant utility and sanitary facilities, be floodproofed
so that below the regulatory base flood level the structure is water
tight: with walls substantially impermeable to the passage of water and
with structural components having the capability of resisting hydrostatic
and hydrodynamic loads and effects of buoyancy. A registered
professional engineer or architect shall submit a certification to the
chief" building inspector that the standards of this subsection as
proposed in Section 6 .38 .2 are satisfied.
Page 14
SECTION 6 .44.1 SAME -- BASE FLOOD ELEVATIONS UNKNOWN
When FEMA has designated areas of special flood hazards (A Zones) ,
but has not produced a base flood elevation the community shall obtain,
review, and reasonably utilize any base flood elevation data available
from a Federal , State or other source as criteria for requiring that:
(1 ) All new construction and substantial improvements of
residential structures have the lowest floor ( including
basement) elevated to one ( 1 ) foot above the regulatory base
flood level ,
( 2 ) All new construction and substantial improvements of
nonresidential structures have the lowest floor ( including
basement) elevated or floodproofed to one ( 1 ) foot above
the regulatory base flood level.
SECTION 6 .45 SAME -- NONRESIDENTIAL STRUCTURES
Within a flood hazard area, nonresidential structures which are
newly constructed or which are being substantially improved either must
have the lowest floor, including basement, elevated to one ( 1 ) foot above
the regulatory base flood elevation, or must together with attendant
utility and sanitary facilities, be floodproofed as specified in the
flood insurance study of June 4 , 1984 prepared by FEMA.
SECTION 6 .45 .1 SPECIFIC STANDARDS -- MOBILE HOMES
For new mobile home parks and subdivisions; for expansions to
existing mobile home parks and subdivisions where the repair,
reconstruction or improvement of the streets, utilities and pads equals
or exceeds fifty (50) per cent of value of the streets, utilities and
pads before the repair, reconstruction, or improvement has commenced;
and for mobile homes not placed in a mobile home park or subdivision it
shall be required that:
( 1 ) Stands or lots be elevated on compacted fill or on pilings so
that the lowest floor of the mobile home is elevated to one
(1 ) foot above the regulatory base flood level. A registered
Page 15
path of flooding is unpredictable and indeterminate; therefore, the
following provisions apply:
(1 ) All new construction and substantial improvements of
residential structures shall have the lowest floor, including
basement, elevated above the crown of the nearest street to or
above the depth number specified on the community' s FIRM
(at least two ( 2 ) feet if no depth number is specified) ;
(2 ) All new construction and substantial improvements of
nonresidential structures shall :
(a) Have the lowest floor, including basement, elevated
above the crown of the nearest street or above the
depth number specified on the FIRM , (at least two (2 )
feet if no depth number is specified) or;
(b) Together with attendant utility and sanitary facilities
be completely floodproofed to or above that level so
that any space below that level is watertight with walls
substantially impermeable to the passage of water and
with structural components having the capability of
resisting hydrostatic and hydrodynamic loads and effects
of buoyancy;
( 3 ) A registered professional engineer or architect shall submit
a certification to the chief building inspector that the
standards of this section, as proposed in Section 6 .44, 6 .45 .1
are satisfied.
(4 ) Require within Zones AH and AO, adequate drainage paths around
structures on slopes, to guide floodwaters around and away
from proposed structures.
SECTION 6 .47 CONFLICT OF LAWS
Within a flood hazard area, the provisions of thi"s Article shall
take precedence over any conflicting municipal laws, ordinances , or
codes.
SECTION 6 .48 EXISTING STRUCTURES
With exception of provisions which relate to the establishment of
elevations of structures lying within flood hazard areas, the provisions
Page 17
of this Article shall not apply to any structure existing as of the
effective date of the ordinance from which this section is derived,
unless such structure is undergoing substantial improvement at that time.
SE C'CION 6 .49 VIOLATIONS -- ENFORCING OFFICER
It shall be the duty of the building official, or his designated
representative, to make inspections to determine the existence of
violations of this Article.
SECTION 6 .50 SAME -- ACTION TO PREVENT AND ABATE
In case any building or structure is erected, constructed,
reconstructed, altered, repaired, converted or maintained, or any
building , structure, or land is used in violation of this Article, the
city', in addition to other remedies, shall institute any proper action or
proceedings necessary, including the denial of connections to public
utility systems , to restrain, correct, or abate such violations; to
prevent the occupancy of such building, structure, or land; or to prevent
any illegal act, conduct, business, or use in or about such premises.
Page 18
CONSENT AGENDA
DECEMBER 4, 1984
* Approval of Minutes.
a. A resolution making committee appointments.
b. A resolution accepting for City maintenance water, sanitary
sewer, storm sewer and street improvements constructed in
Willow Creek Country Club Estates, Phase I , Section III.
c. A resolution authorizing purchase of a parcel of property
for the Highland Avenue TIP Project.
d. A resolution authorizing execution of a license agreement
with LDX Net, Inc.
e. A resolution authorizing Change Order No. 1 to the contract
for drainage improvements to the Beaumont Public Library.
f. A resolution authorizing purchase of a suction bowl for a
pump for the Railroad/College Street underpass.
g. A resolution authorizing payment for 150 copies of Supple-
ment 32 to the City of Beaumont Code of Ordinances.
h. A resolution authorizing demolition and removal of four
structures.
l
a.
November 30, 1984
Council Letter 155
Honorable Mayor and
Members of City Council
Subject: Committee Appointments
A resolution making the following committee appointments is on the agenda for
Council consideration Tuesday.
Shelia Bailey and Evelyn Provo would be appointed to the Clean Community Com-
mission to fill vacant positions. Their terms would conclude September 30, 1986.
James Jackson would be appointed to the Parks and Recreation Advisory Committee
to fill a vacant position and Larry Porter would be reappointed to this com-
mittee. Their terms would expire June 30, 1986. Nominations for these ap-
pointments were made by Councilmember Moore.
It is recommended that this resolution be approved.
Karl Nollenberger
City Manager
R E S O L U T I O N
BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF BEAUMONT:
THAT the following appointments and reappointments be made:
Appointments Reappointments Expiration
Commission of Terms
Shelia Bailey Clean Community 9/30/86
Evelyn Provo Clean Community 9/30/86
Larry Porter Parks & Recreation 6/30/86
James Jackson Parks & Recreation 6/30/86
PASSED BY THE CITY COUNCIL of the City of Beaumont this the
day of 1984 .
Mayor -
b.
November 30, 1984
Council Letter 153
Honorable Mayor and
Members of City Council
Subject: Willow Creek Country Club Estates Phase I , Section III
Final inspection of water, sanitary sewer, storm sewer and street improvements
constructed in Willow Creek Country Club Estates, Phase I, Section III , was
made by the Urban Transportation and Water Utilities Departments. These im-
provements were found to be constructed in accordance with City of Beaumont
standards.
Street Improvements
Pebble Beach Drive from the existing pavement southeast,
approximately 1,050 feet to, and including, the cul-de-sac.
Carmel Circle from Pebble Beach Drive approximately 195 feet
southwest to, and including, the cul-de-sac.
Water Improvements
Lots 13 - 40, Block 2
It is recommended that this resolution, accepting these improvements for City
maintenance, be approved.
k,Z
Karl Nollenberger
City Manager
II
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FINAL PLAT OF
PHASE I,SECTION=
WILLOW CREEK
COUNTRY CLUB ESTATES
LOTS 1 3 - 40, BLOCK 2
A SUBDIVISION OUT OF THE
S. STIVERS LEAGUE, A-51
BEAUMONT, JEFFERSON COUNTY, TEXAS
Nov. 27 1984f
n �z mz
110.
R E S O L U T I O N
WHEREAS, the developers of Willow Creek Country Club Estates
Phase I , Section II, have completed the water, sanitary sewer, storm
sewer and street improvements as follows:
Street Improvements:
Pebble Beach Drive from the existing pavement
southeast approximately 1 ,050 feet to, and
including, the cul-de-sac
Carmel Circle from Pebble Beach Drive approxi-
mately 195 feet southwest to, and including,
the cul-de-sac
Water and Sewer Improvements:
Lots 13 - 14-, Block 2
and,
WHEREAS, the developers of said subdivision desire to
have these improvements accepted and maintained by the City; and,
WHEREAS, the directors of the Urban Transportation and
Water Utilities departments recommend that said improvements qualify
for acceptance for permanent maintenance, and the City Council is of
the opinion that said improvements should be accepted and maintained
by the City of Beaumont;
NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the water, sanitary sewer, storm sewer and street improvements
in Willow Creek Country Club Estates Phase I , Section II, as above
described, be, and the same are hereby , accepted by the City of
Beaumont and shall be continuously maintained by the City.
PASSED BY THE CITY COUNCIL of the City of Beaumont this
the day of 1984 .
- Mayor -
- 2 -
C .
November 30, 1984
Council Letter 154
Honorable Mayor and
Members of City Council
Subject: Highland Avenue TIP Project Right-of-Way Acquisition
The City Council approved hiring of appraisers on May 8, 1984, to establish
values for the purchase of right-of-way required for the Highland Avenue
Thoroughfare Improvement Program Project. Highland Avenue will be improved
by providing a four-lane facility with protected left-turn lanes at two major
intersections, Florida Avenue and Lavaca Street.
Appraisals and negotiations have been completed on eleven out of sixteen
parcels. The owners of Parcel No. 1 have agreed to accept the appraised
value and convey the property required for the project.
Parcel 1: 0.031 acres out of Lots 1 through 4, Block 2,
of the Mazzu Addition for $2,800.
Owners: Jess and Jetta Mazzu
It is recommended that this resolution be approved.
Karl Nollenberger
City Manager
4a
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PARCEL I
out of
LOTS I,2,3,a 4,BLOCK 2
of the
MAZZU ADDN.
NOVEMBER 28, 1984
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R E S O L U T I O N
WHEREAS, an agreement has been negotiated for the
purchase of three ( 3 ) parcels of property needed for the Highland
Avenue T. I .P . Project;
NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the purchase of the following parcel of land is hereby
approved:
Parcel 1 : 0 .031 acres out of Lots 1 through 4 ,
Block 2 of the Mazzu Addition
Owners: Jess and Jetta Mazzu
Value: $2 ,800
Parcel 9 : 0 .006 acres out Block 3A, W. W.
Chaison Addition
Owner: Peter V. Wilcox
Value: $325
Parcel 16: 0 .006 acres out of Block 2 ,
Robertson Addition
Owner: Thelma Acord
Value: $350
PASSED BY THE CITY COUNCIL of the City of Beaumont this
the day of 1984.
Mayor -
d.
November 30, 1984
Council Letter 165
Honorable Mayor and
Members of City Council
Subject: License Agreement with LDX Net, Inc.
The Engineering Division has received a request from LDX Net, Inc. to lay
fiber optic cable along Kansas City Southern and Missouri Pacific Railroad
rights-of-way. LDX plans to enter the City from the eastern City limits
and continue throughout to the western limits of the City. The request
has been reviewed by the Engineering Division and the proposed work will
riot distrub the surface of any streets as the cable will be bored under all
street crossings.
LDX has agreed to a license agreement which includes payment to the City of
one dollar per each linear foot of cable constructed along or crossing any
street right-of-way. Payment of $2,683 has been received and deposited for
the proposed work.
LDX is negotiating with the Lower Neches Valley Authority and Jefferson County
Drainage District 6 for approval to cross the LNVA Canal , Amelia Cut-off Ditch,
Caldwood Cut-off Ditch, and Hillebrandt Bayou.
It is recommended that this resolution be approved.
Karl Nollenberger
City Manager
.. 1
AGENDA jrMl,
R E S O L U T I O N
BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF BEAUMONT:
THAT the City Manager be, and he is hereby , authorized to enter
into a license agreement with LDX Net, Inc. to construct a fibrer
Optic cable communications system along or across street
right-of-way throughout the city in the form attached hereto as
Exhibit "A" .
PASSED BY THE CITY COUNCIL of the City of Beaumont this
the day of 1984 .
- Mayor -
z �
e.
November 30, 1984
Council Letter 151
Honorable Mayor and
Members of City Council
Subject: Change Order No. 1 to Contract for Drainage Improvements to Beaumont
Public Library
On October 2, 1984, the City Council authorized the City Manager to enter into
a. contract with Jim Walters Construction to provide for drainage improvements
to the Public Library. The project was initiated to alleviate problems of
flooding at the below-grade loading area on the building's east side.
During excavation for the proposed 15-inch PVC drainage pipe, it was determined
that the original location of this line would interfere with existing air con-
ditioning lines. Therefore, an alternate route to bypass the air conditioning
lines was initiated.
On November 14, 1984, the contractor submitted the following information with
regard to providing the necessary additional labor and materials to successfully
complete their portion of the project:
I!antit Unit Description Unit Price Total
2 ea. 15" , 45° bend $170.07 $ 340. 14
230 LF Extra excavation
and extra sand 4.05 931.50
$1,271.64
In addition, due to the necessity of relocating the proposed 15-inch drainage
pipe, a manhole must also be installed in College Street. However, the
materials and labor for installing this manhole will be provided by the Urban
Transportation Department's Drainage Division. Also included in this Change
Order is payment for extra work performed by the contractor. on Friday,
November 9th and Monday, November 12th. Due to the fact that concrete stabili-
zed material was encountered around the air conditioning lines, the contractor
Performed additional excavation to determine the extent of underground ob-
structions. The total cost of the extra work is $534.90 for both days.
The total amount of Change Order No. 1 (including the additional materials
and labor to be furnished by the contractor, as well as the extra work des-
cribed above) is $1,806.54, and will be paid for from funds in the Drainage
Division operating budget. The original contract amount for this project
was $10,677.20, and has been encumbered in the Library's fiscal year 1984
Council Letter 151
November 30, 1984
Page 2
budget. Implementation of Change Order No. 1 in the amount of $1,806.54
brings the project cost to a total of $12,483.74 (an increase of 17 percent) .
It is recommended that this resolution be approved.
S�
Karl Nollenberger
City Manager
4 � �
_ : 4 : } vI
R E S O L U T I O N
WHEREAS, on October 2 , 1984, the City awarded a contract
to Jim Walters Construction Company to provide for drainage
:improvements to the Beaumont Public Library; and,
WHEREAS, Change Order No. 1 has been proposed to relocate
a 15" drainage pipe and to install a manhole at a cost of
$1 ,271 .64 ; and,
WHEREAS, additional excavation was done to determine the
extent of underground obstruction after encountering concrete
stabilized material around the air conditioning lines at a cost of
$ 534.90 ;
NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the City Manager be, and he is hereby , authorized to execute
Change Order No. 1 to the contract with Jim Walters Construction
Company increasing the contract amount by $1 ,806.54 for a total
contract amount of $12,483.74.
PASSED BY THE CITY COUNCIL of the City of Beaumont this
the day of 1984 .
i
- Mayor -
� r
f.
November 30, 1984
Council Letter 150
Honorable Mayor and
Members of City Council
Subject: Purchase of Dewatering Pumps for Railroad/College Street Underpass
Two 4,000 gallon-per-minute pumps are used to dewater the Railroad/College
Street underpass during rainfall periods. The Cascade brand pumps have been
in service since 1966. Sand and grit that washes off the streets has damaged
one of the pump's suction bowl to the point that it is not useable.
Efforts were made to secure quotations from other sources and a single quote
was received from Pump Specialists, Inc. of Beaumont, the regional represen-
tative for Cascade Pump Company. The suction bowl cost is $1,689. Monies
for this purchase are available within the Water Utilities Department budget.
It is requested that this resolution be approved.
�� rV x,,�
Karl Nollenberger
City Manager
1 %Or kA Nv
NO
R E S O L U T I O N
BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF BEAUMONT:
THAT the City Manager be, and he is hereby , authorized to pay
Frump Specialists, Inc. One Thousand Six Hundred Eighty-Nine Dollars
($1 ,689) for the emergency purchase of a suction bowl for the 4000
gpm pump in use at the Railroad-College Street underpass.
PASSED BY THE CITY COUNCIL of the City of Beaumont this
the day of 1984 .
- Mayor -
M 7
9•
November 30, 1984
Council Letter 148
Honorable Mayor and
Members of City Council
Subject: Payment for Supplement 32 of Code of Ordinances
Occasionally, the Code of Ordinances book for the City of Beaumont has to be
updated. Our most recent supplement is No. 32. One hundred and fifty copies
of Supplement No. 32 to the Beaumont Code of Ordinances is provided by the
Municipal Code Corporation for the amount of $1,144.34. The money is bud-
geted in the Special Services Account within the City Clerk's budget.
It is recommended that this resolution be approved.
Karl Nollenberger
City Manager
R E S O L U T I O N
BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF BEAUMONT:
THAT the City Manager be, and he is hereby , authorized to pay
Municipal Code Corporation One Thousand One Hundred Forty-Four
Dollars and Thirty-Four Cents ( $1 , 144 .34) for One Hundred Fifty ( 150)
copies of Supplement 32 of the City of Beaumont' s Code of
Ordinances.
PASSED BY THE CITY COUNCIL of the City of Beaumont this
the day of 1984 .
Mayor -
h.
November 30, 1984
Council Letter 146
Honorable Mayor and
Members of City Council
Subject: Demolition and Removal of Dangerous Structures
Council approved on earlier dates the demolition and removal of houses
located at 3058 Dorothy, 1020 Finis, 345, 355 and 365 Jackson and 1115
Stewart.
Bids for demolition were received November 19, 1984. They are as follows:
Lombardo Richard G. Speedway
Locations Tree Service Lyons Service Co.
1. 3058 Dorothy $ 890.00 $ 675.00 $ 799.00
2. 1020 Finis 1 ,140.00 825.00 969.00
3. 345, 355 and
365 Jackson 3,150.00 2,125.00 4,295.00
4. 1115 Stewart 1 ,090.00 825.00 -No Bid-
Richard G. Lyons submitted the best and or lowest bid on the 3058 Dorothy,
1020 Finis, 345, 355 and 365 Jackson and 1115 Stewart projects. The
contract will be paid utilizing the Demolition and Removal (Special
Services) line item within the Minimum Housing Code Division fiscal year
1984/1985 budget.
It is recommended that the contracts be awarded to Richard G. Lyons in the
amount of $4,450.00 and final payment be authorized after all work has been
completed as specified in the contract.
It is recommended that this resolution be approved.
�L r�,,& L,�f
Karl Nollenberger
City Manager
M w
NO-
R E S O L U T I O N
WHEREAS, on November 19 , 1984, bids were received for
demolition of structures located at 3058 Dorothy, 1020 Finis, 345,
355 and 365 Jackson and 1115 Stewart; and,
WHEREAS, Richard G. Lyons submitted a bid in the amount
of $4 ,450 ; and,
WHEREAS, the City Council is of the opinion that the bid
submitted by Richard G. Lyons is the lowest and best bid and should
be accepted;
NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the bid submitted, by Richard G. Lyons in the amount of $4 ,450
for demolition of structures located at 3058 Dorothy, 1020 Finis,
3.45, 355 and 365 Jackson and 1115 Stewart be accepted by the City
of Beaumont and the City Manager is hereby authorized to make
payment for same upon acceptable comp) eticn.
PASSED BY THE CITY COUNCIL of the City of Beaumont this
the day of , 1984 .
- Mayor -
i
WORK SESSION AGENDA
DECEMBER 4, 1984
CITY COUNCIL CHAMBERS
1. Discussion of Housing Rehabilitation guidelines.
2. Discussion of minority participation in professional contract services.
3. Community Development Block Grant Citizens Advisory Committee recom-
mendations for Social Service Facility Rehabilitation Projects.
4, Discussion of proposed increase of notification radius for rezoning
cases.
5. Discussion of Animal Code revisions.
W/S
November 30, 1984 1.
Council Letter 161
Honorable Mayor and
Members of City Council
Subject: City's Rehabilitation Loans and Grants Program
In September, the City Council requested a workshop to be held on the City's
Rehabilitation Loan Program for the purpose of informing Councilmembers better
on the program and its features. A workshop has been scheduled for this pur-
pose on December 4th.
The City's Rehabilitation Loans and Grants Program was primarily designed to
provide low interest rehabilitation loans and grants to property owners in
the Community Development Strategy Areas which include the following census
tracts: 7, 8, 9, 10, 15, 17, 18, 22, 23, and portions of 19 and 20 (Fletcher
Neighborhood) . (See attached map.) Changes have been made to expand the
clientele of the program and to increase the variety of rehabilitation assis-
tance available. Twenty-five rehabilitation loans and six grants have been
approved so far during this reporting period, which began on July 12, 1984.
This compares with 24 loans made for the previous 12-month reporting period.
The basic rehabilitation loans or grants available to property owners in the
Community Development Strategy Area (CDSA) come directly from the City's
annual CDBG grant. The interest on the loans or grants range from five per-
cent for single family structures, twelve percent for multi-family structures
and the term is for twelve years. The Rehabilitation Program provides staff
to prepare work specifications, help the homeowners select a contractor, and
inspect the work when completed. Loans are made on a first-come, first-
served basis. The loans are actually grants since repayment of the loan is
scaled to a person's income with most recipients paying ten to twelve percent
of the actual cost to service the loan.
The City' s Rehabilitation Loan Program has been supplemented by other pro-
grams. The City's Free Paint Program has provided exterior paint to home-
owners in the CDSA at no cost to the owner. In the past, the City's rehabili-
tation staff has also been assisting some homeowners in the CDSA in pre-
paring and submitting applications for Section 312 rehabilitation loan assis-
tance directly from the Housing and Urban Development Department of the
federal government (HUD) . These funds were for loans separate from those
made with the CDBG funds. The interest rate was fixed at three percent.
Twelve of the loans approved in the CDSA have been Section 312 loans. Ac-
cording to HUD, it is anticipated that the City will receive an additional
allocation of Section 312 funds around the first of next year.
Council Letter 161
November 30, 1984
Page 2
The City Council and HUD approved a program that would allow rehabilitation
loans funded with Block Grant monies to be made in areas not targeted or de-
signated CDSA. Up to $370,000 in CDBG rehabilitation funds have been spent
for loans outside the target areas.
The primary focus of the City's rehabilitation program continues to be to
revitalize the housing in concentrated areas of the City even though a por-
tion of the rehabilitation program is available City-wide. The City rehabili-
tation staff will assist property owners in the CDSA in preparing and sub-
mitting applications for the Rental Rehabilitation Loan Program, another pro-
gram available in the area. These funds are for loans separate from those
made with CDBG funds. The loans will require fifty percent in private match-
ing funds with zero percent interest rate. The City is given an allocation
of these funds from HUD also.
In addition, commercial rehabilitation loans are available to interested pro-
perty owners in the CDSA for rehabilitation of neighborhood commercial es-
tablishments such as drug stores, beauty or barber shops, washaterias, or
food establishments.
An outline is attached that will describe the Rehabilitation Loan Program
process which will cover the initial loan application process, property im-
provement process and the loan security loan process.
Karl Nollenberger
City Manager
- I
THE REHABILITATION LOAN PROGRAM PROCESS
INITIAL LOAN APPLICATION PROCESS
City staff promotes and encourages public awareness and participation
in the Rehabilitation Loan Program through neighborhood meetings, mailed
advertisements and notices, radio advertising, and personal contacts with
residents in eligible designated areas..
Individuals voluntarily contact the Rehabilitation Office and arrange to
meet with a Rehabilitation Loan Officer.
Individuals meet with the Rehabilitation Loan Officer and receive
information about participating in the program.
Individuals who still desire to participate in the program must complete
an intake application form which provides background information on
total household income, employment, property ownership history, credit
references and family size.
Individuals next are required to sign an authorization to release informa-
tion form which is needed to verify the above data and individual
verification forms. Information is verified by staff and the City and
County Tax Departments are asked to check for any tax deliquencies.
Individual must furnish a copy of the property deed or the contract for
sale so that ownership can be verified.
Rehabilitation staff requests that the property be inspected for compliance
with the Minimum Housing Code.
The Minimum Housing Code Inspector completes the inspection and provides
Rehabilitation staff and the applicant with copies of the inspection report.
Rehabilitation staff requests and receives an "as is" property appraisal .
(Outside Target Area)
Case is assigned to a Rehabilitation Specialist who inspects the property
and prepares an initial work write-up detailing the improvements which
are required in order to bring the property into compliance with the
Minimum Housing Code.
Initial write-up is reviewed with the property owner by the Rehabilitation
Specialist. At this time, the property owner is given the opportunity
to include other non-code related improvements into the proposed
rehabilitation project.
FILE 956-Z. REQUEST FOR A ZONE CHANG
FROM RM-H TO MC ON PROPERTY LOCATED
AT 2205 WASHINGTON BLVD
- —-- -
APPLICANT: PHILIP DAIGLE
30
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ArZEND- A
NO---__4
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 FAMILY - HIGH DENSITY
DISTRICT) TO NC (NEIGHBORHOOD COMMERCIAL
DISTRICT) ON PROPERTY LOCATED AT 2205 WASHINGTON
BOULEVARD; 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 Family -High Density
District) to NC (Neighborhood Commercial District) on property
located at 2205 Washington Boulevard, 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 1984.
Mayor -
2 -
November 20, 1984
5.
Council Letter 140
Honorable Mayor and
Members of City Council
Subject: Request for zone change from AR to CM on property located
at the southwest corner of I-10 South and Walden Road.
GENERAL INFORMATION
Applicant USPO
Status of Applicant property owner
Requested Action zone change from AR (Agricultural
Residential) to CM (Commercial-
Manufacturing)
Representative Uses in CM general construction contractors ,
motor freight transportation and
warehousing, transportation
services , wholesale trade ,
durable and non-durable goods
Purpose construction of mail distri-
bution facility
Existing Zoning AR
Location southwest corner of I-10 and
Walden Road
Size 21. 6 acres
Existing Land Use vacant
Surrounding Zoning and Land Use north - (across Walden) LI, motel
east - GC-MD, vacant
south - I--10
west - AR, vacant
Physical Features subject lot has 348 feet of
I-10 frontage on southern
boundary
Comprehensive Plan Industrial
Page 2
SPECIAL INFORMATION
Public Utilities in Walden Road Sanitary Sewer: 72 inch line
Storm Drainage : open ditch in
_ Walden Road and I-10
frontage road
Water: 12 inch line
Streets Walden Road is designated as a
major arterial and has a 90
wa-
right-of g- y and -•24-foot-- -.---
pavement.
Fire Protection Station #10 , 3855 Washington
ANALYSIS
- Subject tract is in an area which is presently demonstrating
substantial commercial development.
- A change to CM will generate additional zone changes in the vici-
nity in order that a compatible development pattern will be
established.
-- A change to CM is consistent with land use principles which state
that commercial distribution uses should have direct access to
major arterials and major transportation routes .
- Supporting utilities are present and adequate to provide service
for the proposed use.
The request is in accordance with the comprehensive plan.
STAFF RECOMMENDATION
Staff recommends approval of the request for CM zoning. The basis
for the recommendation is :
- the subject tract is in an area presently demonstrating substan-
tial commercial development,
- the request is consistent with land use principles stating that
commercial distribution uses should have direct access to major
arterials and major transportation routes ; and
the request is in accordance with the A lan.comprehensive p
Page 3
PUBLIC NOTIFICATION AND RESPONSE
Notices Mailed to Property Owners 9
Responses in Favor of Request 1
Responses Opposed to Request 0
PLANNING COMMISSION RECOMMENDATION
The Planning Commission recommended approval of the request by a
vote of 5 to 0 .
The City Manager recommends approval of the ordinance.
�,)� V ,�L& -�
Karl Nollenberger
City Manager
U V FILE 957—Z. REQUEST FOR A ZONE
CHANGE FROM AR TO CM ON PROPERTY
L I LOCATED ON THE SOUTHEAST CORNER OF
IH-10 SOUTH AND WALDEN ROAD.
Ro Walden r . U. S. POSTAL SE.RVICE
s n
1/200
GC MD
10
t
(-
subject
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�o s
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 AR
(AGRICULTURAL-RESIDENTIAL DISTRICT) TO CM
(COMMERCIAL-MANUFACTURING DISTRICT) ON PROPERTY
LOCATED AT THE SOUTHWEST CORNER OF I-10 SOUTH
AND WALDEN ROAD; 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 AR (Agricultural-Residential) to CM
(Commercial-Manufacturing District) on property located at the
southwest corner of I-10 South and Walden Road, 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 1984.
- Mayor -
- 2 -
ti
November 20 , 1984 6.
Council Letter 141
Honorable Mayor and
Members of City Council
Subject: Request for zone change from RS to NC at 5020-5040
Bigner Road.
GENERAL INFORMATION
Applicant Robert and Shirley Pryor
Status of Applicant property owners
Requested Action zone change from RS to NC
(Neighborhood Commercial)
Representative Uses in NC
general merchandise stores,
food stores , drug stores, fuel
dealers, banks, real estate
offices, washaterias, beauty
and barber shops, doctor and
dentist offices , day care
- centers
Purpose applicant proposes to open a
thrift shop (used clothing,
miscellaneous items) on Lot 5;
no changb in development cur-
rently proposed for Lots 3
and 4
Existing Zoning RS (Residential Single Family)
:Location 5020-5040 Bigner Road
Size
475 x 220 ; 2 . 39 acres
Existing Land Use single family residential
Surrounding Zoning and Land Use
north - RS , single family
east - RS, single family
south GC-MD, retail uses
west - (across Bigner) RS , St .
Pius Church
Physical Features no distinguishing characteristics
Page 2
SPECIAL INFORMATION
Public Utilities in Bigner Sanitary Sewer: 8 inch line
Storm Drainage : 21 inch line
Water: 6 inch line
Streets Bigner is designated as a local
residential street and has a
60-foot right-of-way and 28-
- foot pavement.
Fire Protection Station #2 , Wilson and Ironton
ANALYSIS
- Subject property is contiguous with GC-MD zoning at Bigner and
East Lucas.
- Section 30-31 of the zoning ordinance will require installation
of an 8-foot privacy fence on the northern and eastern bol:ndaries .
- The request is in accordance with .land use principles which state
that neighborhood commercial uses should locate at or near inter-
sections .
COMPLIANCE [tiITH COMPREHENSIVE PLAN
The comprehensive plan designates the area of the request as a
Neighborhood Growth Unit. A change to NC is- in compliance with the
plan.
STAFF RECOMMENDATION
Staff recommends approval of the request for NC. The recommendation
is based on:
- the request is in accordance with land use principles which state
that neighborhood commercial uses should locate at or near inter-
sections and not in mid-block;
- the request is in compliance with the comprehensive plan.
PUBLIC NOTIFICATION; AND RESPONSE
Notices Mailed to Property Owners 18
-Responses in -Favor of Request - -- -0_._ _
Responses Opposed to Request 0
Page 3
PLANNING COMMISSION RECOMMENDATION
E e Planning Commission recommended approval of the zone change by
The
of 5 to 0 .
The City Manager recommends approval of the ordinance.
Karl Nollenberger
City Manager
� r
2544 -- - - FILE 944-Z. REQUEST FOR A ZONE CHANGI
'�. A • FROM RS TO NC ON PROPERTY LOCATED
AT 5020 - 5040 BI.GNER ROAD
°o —�
b APPLICANT: R03ERT PRYOR
• �• a � ? t fl
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ITEM
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 NC
(NEIGHBORHOOD COMMERCIAL DISTRICT) ON PROPERTY
LOCATED AT 5020-5040 BIGNER ROAD; 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 NC
(Neighborhood Commercial District) on property located at
5020-5040 Bigner Road, 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 1984.
Mayor -
- 2 -
November 20, 1984
7.
Council Letter 142
Honorable Mayor and
Members of City Council
Subject: Request for specific use permit to build professional
offices in an RM-H district on property located in the
1900 Block of Dowlen Road.
GENERAL INFORMATION
Applicant
Carl Kohler
Status of Applicant engineer for owner, M. J.
Campbell
Reauested Action specific use permit for pro-
fessional offices I
Existing Zoning RM-H (Residential Multiple Family
High Density)
Location 1900 Block of Dowlen Road
Size 8 acres
Existing Land Use vacant
Surrounding Zoning and Land Use north - RS vacant
,
east - (across DOWlen) RS,
single family
south - RS, vacant
west - RS, vacant
Physical Features
405 feet of frontage
Comprehensive Plan Neighborhood Growth Unit
SPECIAL INFORMATION
Public Utilities in Dowlen Sanitary Sewer: 27 inch line
Storm Drainage : in Dowlen Road
Plater: 12 inch line
Streets Dowlen Road is designated as an
arterial street and has a 100-
foot right-of-way and two 24-
foot lanes with a 20-foot median.
Fire Protection Station #9 , 7010 Gladys
Page 2
ANALYSIS
LSee Specific Use Permit Review.
STAFF RECOMMENDATION
Based on the applicant ' s compliance with the eight conditions neces-
sary for specific use permit approval , staff recommends approval
of the request.
PUBLIC NOTIFICATION AND RESPONSE
Notices Mailed to Property Owners 10
Responses in Favor of Request 0
Responses Opposed to Request 0
PLANNING COMMISSION RECOMMENDATION
The Planning Commission recommended approval of the request by a
vote of 5 to 0.
The City Manager recommends approval of the ordinance.
Karl Nollenberger
City Manager
,Page' 3 - T
SPECIFIC USE PERMIT REVIEW
ORDINANCE REQUIREMENTS PROPOSAL
1. Description of processes and------------Dowlen Plaza Office Park
activities. professional/medical
offices
2. Boundaries of area covered by site ------8 . 02 acres, 405 x 860
plan with dimensions.
3. Existing and proposed building
locations with:
- number of stories; -------------------one
- height; ------------------------------maximum height . 23 feet
- gross leaseable area; ---------------72 , 900 sa. ft. (22 bldqs . )
- entrances and exits. -----------------from Dowlen Road
4. Existing drainage locations and --------in proposed extension of
direction of flow. Wellington Place (50 ' right-
of-way, 27 ' pavement)
5. 'Proposed landscaping and screening ------ordinance requires 10-foot
buffers . landscaped buffer on 3 sides
6• Location and dimensions of:
proposed 50 ' right-of-way
- curb cuts (existing and proposed) ;'---dedication will extend west
- public and private streets , showing - from Dowlen Road
rights-of-way widths; Dowlen: 100 right-of-way
- Parking and loading areas ;-----------.typical parking lot: 14
spaces
pedestrian walks; -------------------"at building entrances
-• exterior lighting; ------------------security lighting on
trash storage locations; ------- individual buildings
---- normal commercial collection
7. Fences or screening provisions ----------8-foot privacy fence
showing location, type and height. required by ordinance will
surround the site
8 . Sign height, location and dimensions.---ziaximum area : 20 sa. ft.
maximum height: 15 feet
Paae 4
CONDITIONS FOR APPROVAL: A Specific Use Permit shall be issued only if
a 1 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;
Developed properties to the south and north are similar
in appearance and compatible with other uses on the west
side of Dowlen Road.
2) That the establishment of the specific use will not impede the normal
and orderly development and improvement of surrounding vacant property;
Development on Dowlen Road is presently limited to areas
which are free from pipeline easements or oil wells .
Proposed use poses no impediment to future developments .
3) That adequate utilities, access road, drainage and other necessary
supporting facilities have been or will be provided;
Existing utilities and storm drainage in Dowlen Road will
be extended for service to the current request.
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;
Site plan indicates required parking spaces and driveway
area per lot.
5) That adequate nuisance prevention measures have been or will be taken
to prevent or control offensive odor, fumes , dust, noise and vibration;
Proposed office use generates none of the five environmental
nuisances.
6) That directional lighting will be provided so as not to disturb or ad-
versely affect neighboring properties;
Abutting properties will experience no effects from
decorative or security lighting on individual buildings .
7) That there are sufficient landscaping and screening to insure harmony and
compatibility with adjacent property;
Landscaping required by ordinance is shown on site plan .
8) That the proposed use is in accordance with the comprehensive plan;
Comprehensive plan shows proposed site as a Neighborhood
Growth Unit. Proposed specific use permit conforms to the
plan.
TILE 955—P. REQUEST FOR A SPECIFIC
USE PERMIT TO BUILD PROFESSIONA
OFFICES LOCATED IN THE 1900 BLOCK
OF DMILEN ROAD
APPLICANT: CARL KOHLER
n
e 4 ,
0 1/200
RS
875.22'
Y� O
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WELLING' 'ON
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NO
ORDINANCE NO.
ENTITLED AN ORDINANCE ISSUING A SPECIFIC USE
PERMIT FOR PROFESSIONAL OFFICES ON PROPERTY
LOCATED IN THE 1900 BLOCK OF DOWLEN ROAD.
WHEREAS, the Planning and Zoning Commission of the City of
Beaumont considered the issuance of a specific use permit for
professional offices on property located in the 1900 Block of Dowlen
Road, Beaumont, Jefferson County , Texas, to M . J . Campbell, property
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 a specific use permit for professional
Offices on property located in the 1900 Block of Dowlen 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 M . J. Campbell, property 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 .
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 lg
Mayor -
2 -
E
November 20 , 1984
8.
Council Letter 143
Honorable Mayor and
Members of City Council
Subject: Request for specific use permit to establish a church in
an RM-H district at 7650 Park North Drive.
GENERAL INFORMATION
Applicant
11th Street Baptist Churcn
Status of Applicant
property owner
Requested Action specific use permit to estab-
lish a church in an RM-H
district
Existing Zoning
RM-H (Residential Multiple
Family - High Density)
Location
7650 Park North Drive
Size
5 . 75 acres
Existing Land Use
vacant
i
Surrounding Zoning and Land Use _
north - (across Park North)
RM-H, apartments
east - RM-H, vacant
south - P11-H, vacant
west - GC-MD, vacant
Comprehensive Plan Neighborhood Growth Unit
SPECIAL INFORMATION
Public Utilities in Park North Dr. Sanitary Sewer: 8 inch line
Storm Sewer: 36 inch line
Water: 6 inch line
Streets
Park_ North Drive is designated
as a local residential street
and has a 60-foot right-of-way
and 40-foot pavement.
Fire Protection
Station 48 , 6297 Highway 105
Page 2
ANALYSIS
1 See Specific Use Permit Review.
STAFF RECOMMENDATION
Based on the applicant ' s compliance with the eight conditions
necessary for specific use permit approval , staff recommends
approval of the request.
PUBLIC NOTIFICATION AND RESPONSE
Notices Mailed to Property Owners
5
Responses in Favor of Request
0
Responses Opposed to Request
0
PLANNING COMMISSION RECOMMENDATION
The Planning Commission recommended approval of the specific use
permit request by a vote of 5 to 0 .
CThe City Manager recommends approval of the ordinance.
k/L
Karl Nollenberger
City Manager
Page 3
SPECIFIC USE PERMIT REVIEW
ORDINANCE REQUIREMENTS PROPOSAL
1. Description of processes and------------ church: Park North Baptist
activities.
2. Boundaries of area covered by site ------ 5. 75 acres
plan with dimensions.
3. Existing and proposed building
locations with:
- number of stories; ------------------- one
- height; ------------------------------ 15 feet
- gross floor area; -------------------- 2 Proposed at present; 2
in the future*
- entrances and exits. ----------------- from Park North Drive
4. Existing drainage locations and --------- to Park North Drive
direction of flow.
5. ?.roposed landscaping and screening ------ proposed in parking lot
buffers . and front yard areas
6 . Location and dimensions of:
- curb cuts (existing and proposed) ;---- proposed: 2 at 40 feet
- public and private streets , showing --Park North Drive : 60 foot
rights-of-way widths; right-of-way
- parking and loading areas;------------parking for 113 cars;
two 20 foot drives
- pedestrian walks; --------------------at church entrances
-- exterior lighting; ___________________security lights at north
g g� and south sides of parking
trash storage locations; -------------no outdoor trash stor:.ge
7. Fences or screening provisions ----------n.a.
showing location, type and height.
8. Sian height, location and dimensions.----40 sq. ft.
*Presently Proposed: auditorum - 3536 sq. ft.
Sunday school building - 5400 sq. ft.
Future: 2 buildings - 19 , 500 sq. ft. total area
Page 4
CONDITIONS FOR APPROVAL: A Speci_fi c__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;
Existing development in vicinity of request is more inten-
sive and will experience no impairment of value.
2) That the establishment of the specific use will not impede the normal
and orderly development and improvement of surrounding vacant property;
Surrounding multi-family zoning will allow development of
more intensive uses than current proposal.
3) That adequate utilities, access road, drainage and other necessary
supporting facilities have been or will be provided;
Existing support facilities are present and adequate in
Park North Drive.
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 o'r adjacent
developments;
Parking and driveway plan complies with 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 generates none of the five adverse effects .
6) That directional lighting will be provided so as not to disturb or ad-
versely affect neighboring properties;
Security lighting in parking area will cause no adverse
effects .
7) That there are sufficient landscaping and screening to insure harmony and
compatibility with adjacent property;
Parking area complies with ordinance requirements . No
additional ordinance requirements
8) That the proposed use is in accordance with the comprehensive plan;
Comprehensive Plan designates subject area as Neighborhood
Growth Unit. Request is in accordance with plan.
r FILE 954-P. REQUEST FOR A SPECIFIC
USE PERMIT TO ESTABLISH A CHURCH
,r�.. �O ,f is /, • �� LOCATED AT 7650 PARK NORTH DRIVE.
APPLICANT: 11th STREET BAPTIST CHURC}
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ORDINANCE NO.
ENTITLED AN ORDINANCE ISSUING A SPECIFIC USE
PERMIT FOR A CHURCH ON PROPERTY LOCATED AT
7650 PARK NORTH DRIVE .
WHEREAS, the Planning and Zoning Commission of the City of
Beaumont considered the issuance of a specific use permit for a
church on property located at 7650 Park North Drive, Beaumont,
Jefferson County , Texas, to 11th Street Baptist Church, property
owner, its 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 for a church on
property located at 7650 Park North Drive, 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 11th Street Baptist Church, property- owner, its legal
representatives, successors and assigns for that certain tract
&.scribed 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 COUNCIL of the City of Beaumont this the
_ day of , 19
- Mayor -
2 -
i
November 20, 1984 9.
Council Letter 144
Honorable Mayor and
Members of City Council
Subject: Request for specific use permit to establish a doctor' s
office in an RM-H district on property located in the
7800 Block of Gladys.
GENERAL INFORMATION
Applicant pp Dr. Carey Fracht, O.D.
Status of Applicant property owner
Requested Action specific use permit for doctor' s
office
Existing Zoning RM-M (Residential Multiple
Family - Medium Density)
Location 7800 Block of Gladys
Size 93 x 199 , 0 . 43 acre
Existing Land Use vacant
Surrounding Zoning and Land Use north - (across Gladys) RM-m,
townhouses
east - RM-H, vacant
south - RS, single family
residences
west - RM-H, townhouses '
Physical Features no distinguishing characteristic
Comprehensive Plan Neighborhood Growth Unit
SPECIAL INFORMATION
Public Utilities in Gladys Sanitary Sewer: 30 inch line
Storm Drainage : open ditch
Water: 12 inch line
Streets Gladys is designated as a resi-
dential collector and has a 60-
foot right-of-way and 20-foot
pavement.
Fire Protection Station #9 , 7010 Gladys
ti
Page 2 .
ANALYSIS
[See Specific Use Permit Review.
QTAFF RECOMMENDATION
Based on the applicant' s satisfactory compliance with the eight
conditions necessary for specific use permit approval, staff recom-
mends approval of the request.
PUBLIC NOTIFICATION AND RESPONSE
Notices Mailed to Property Owners S
Responses in Favor of Request 0
Responses Opposed to Request 0
PLANNING COMMISSION RECOMMENDATION
The Planning Commission recommended approval of the request by a
vote of 5 to 0 .
The City Manager recommends approval of the ordinance.
Karl Nollenberger
City Manager
Page 3
SPECIFIC USE PERMIT REVIEW
ORDINANCE REQUIREMENTS PROPOSAL
1. Description of processes and------------ optometrist office;
activities. Monday-Friday, 9-5
2. Boundaries of area covered by site ------ Block 36 , Lot A, replat
plan with dimensions. of Dowlen West Unit XIX;
93 x 199 ; 0 . 43 acre
3. Existing and proposed building
locations with:
- number of stories; -------------------one
- height; ------------------------------ 15 feet
- gross floor area; -------------------- 1 building (total area:1200 sq. ft. )
- entrances and exits. -----------------from Gladys
4 . Existing drainage locations and ---------kill connect to open ditch
direction of flow. in Gladys
5. '?Yoposed landscaping and screening ------10-foot landsca eO buffer
strip to surround three
buffers . sides of property
6. Location and dimensions of:
- curb cuts (existing and proposed)----Proposed: 1 at 20 feet
- public and private streets , showing --Gladys: 60 ' right-of-way
rights-of-way widths;
- larking and loading areas;------------Parking for 6 cars
pedestrian walks ; ---------------- 4 ' wide on building en-
---trances
-- exterior lighting; -------------------security lighting at rear
trash storage locations; ------------ and in parking lot
no exterior storage
7. Fences or screening provisions ----------8-foot privacy fence to
showing location, type and height. enclose 3 sides of property
maximum area : 20 sq. ft.
8. Sian height, location and dimensions.---Znaxi um height; 15 feet
one tache� sign permitted
PT-LL-district
I
Page 4
CONDITIONS FOR APPROVAL:. A Specific 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;
Development proposal is compatible in appearance and size , less
intense in traffic generation and hours of operation than abut-
ting multi-family uses. Potential development value of land in
surroundina area zoned RM-H will not be adversely affected.
2) That the establishment of the specific use will not impede the normal
and orderly development and improvement of surrounding vacant property;
Remaining vacant lots to the east are zoned RM-M. Allowable
uses for development will not be impeded by current proposal.
3) That adequate utilities, access road, drainage and other necessary
supporting facilities have been or will be provided;
All existing utilities are present and adequate for 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;
Site plan shows 6 parking spaces . Driveway and parking
arrangement have been approved by Urban Transportation.
5) That adequate nuisance prevention measures have been or will be taken
to prevent or control offensive odor, fumes ,_ dust, noise and vibration;
None of the environmental nuisances are generated by the
proposed use.
6) That directional lighting will be provided so as not to disturb or ad-
versely affect neighboring properties;
No proposal.
7) That there are sufficient landscaping and screening to insure harmony and
compatibility with adjacent property;
Site plan shows all required fencing and lancscaping required
by ordinance on two sides - revision necessary.
8) That the proposed use is in accordance with the comprehensive plan; --
Proposed use is in a Neighborhood Growth Unit of the
comprehensive plan. The request is in accordance with the
plan.
` - FILE 960-P. REQUEST FOR A SPECIFIC
USE PERMI T TO ESTABLISH A DOCTORS
r;.I b •� •101 OFFICE IN AN RM-H DISTRICT AND LOCAT
IN THE 7800 BLOCK OF GLADYS AVENUE.
APPLICANT-: DR. CAREY FRFCHT
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NO._
ORDINANCE NO.
ENTITLED AN ORDINANCE ISSUING A SPECIFIC USE
PERMIT FOR A DOCTOR' S OFFICE ON PROPERTY
LOCATED IN THE 7800 BLOCK OF GLADYS .
WHEREAS, the Planning and Zoning Commission of the City of
Beaumont considered the issuance of a specific use permit for a
doctor' s office on property located in the 7800 Block of Gladys,
Beaumont, Jefferson County, Texas, to Dr. Carey Fracht, O.D. ,
property 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 a specific use permit for a doctor' s
office on property located in the 7800 Block of Gladys, 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 Dr. Carey Fracht, O.D. , property owner, its
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 COUNCIL of the City of Beaumont this the
_ day of 19
Mayor -
2 -
10.
November 30, 1984
Council Letter 147
Honorable Mayor and
Members of City Council
Subject: Landfill Disposal Fee Exemption
On November 6, 1984, the City Council passed a Comprehensive Sanitation and
Landfill related ordinance which included the following provision to exempt
citizens from disposal fees at the municipal landfill (Section 28-39) .
"(a) Applicability: All persons, businesses, commercial institu-
tions, public agencies are required to pay a sanitary land-
fill disposal fee except:
(1) Any resident of the City of Beaumont with a copy of
his most recent utility bill showing a paid garbage
fee for the residence from which the refuse was ac-
cumulated."
This provision results in inconvenience to citizens since they do not generally
expect such a requirement at the landfill . In addition, no reasonable limit to
the number of free trips is provided.
The proposed ordinance amendment would replace Section 28-39(a)(1) with the
following:
"(1) Any resident of the City of Beaumont presenting proof of
residency within the City of Beaumont may make a maximum
of two trips per month of loads not in excess of 15 cubic
yards without charge. The refuse must be accumulated
from the person's residence."
It should be emphasized that, for purposes of enforcement, Lhe showing of a
driver's license will be adequate for proof of residency. In addition, if
the individual is new to Beaumont, any proof of residency such as the in-
dividual 's name listed in our water utility customer file will be sufficient.
It is recommended that this ordinance be adopted.
�,)j
Karl Nollenberger
City Manager
NO /O
ORDINANCE NO.
ENTITLED AN ORDINANCE AMENDING CHAPTER 28 OF
THE CODE OF ORDINANCES OF THE CITY OF
BEAUMONT TO ALLOW GREATER CONVENIENCE IN
CITIZEN EXEMPTION OF LANDFILL DISPOSAL FEES;
PROVIDING FOR SEVERABILITY AND PROVIDING
FOR REPEAL.
BE IT ORDAINED BY THE CITY OF BEAUMONT:
Section 1 .
That Chapter 28 , Section 28-39( a) (1 ) of the Code of
Ordinances of the City of Beaumont be, and the same is hereby ,
amended to read as follows:
Section 28-39( a) (1 ) :
Any resident of the City of Beaumont
presenting any proof of residency within the
City of Beaumont may make a maximum of two ( 2 )
trips per month of loads not in excess of
fifteen ( 15) cubic yards without charge. The
refuse must be accumulated from the person' s
residence.
Section 2 .
That if any section, subsection, sentence, clause or
phrase of this ordinance, or the application of same to a
particular set of persons or circumstances, should for any reason
be held to be invalid, such invalidity shall not affect the
remaining portions of this ordinance, and to such end the various
portions and provisions of this ordinance are declared to be
severable.
Section 3 .
That all ordinances or parts of ordinances in conflict
hE)rewith are repealed to the extent of the conflict only.
PASSED BY THE CITY COUNCIL of the City of Beaumont this
the day of , 1984.
Mayor -
2 -