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HomeMy WebLinkAboutPACKET APR 01 2008 City of Beaumont REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS APRIL 1,2008 1:30 P.M. CONSENT AGENDA * Approval of minutes * Confirmation of committee appointments Tathia Landry would be appointed to the Community Development Advisory Committee. The term would commence April 1, 2008 and expire March 31, 2010. (Mayor Pro Tem Audwin M. Samuel) A) Authorize the revision of Resolution No. 08-018 in settlement of the claim of Millennium Transit B) Authorize the acceptance of a ten(10) foot wide water fine easement [adjacent to 10 foot Water Line Easement accepted in December, 2007] providing access for fire prevention services across Industrial Apparatus property at 1320 E. Florida Avenue C Authorize the acceptance of a ten 10 foot wide water fine easement providing access for p ( ) P g fire prevention services for the Community Bank of Texas located at Dowlen and Delaware A fi City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tyrone E. Cooper, City Attorn MEETING DATE: April 1, 2008 REQUESTED ACTION: Consider a resolution authorizing the revision of Resolution No. 08-018 in settlement of the claim of Millennium Transit. RECOMMENDATION Council approval of a resolution authorizing revision of Resolution No. 08-018 in settlement of the claim of Millennium Transit. BACKGROUND Council discussed this claim in an Executive Session held on Tuesday, March 4, 2008. BUDGETARYIMPACT There is no monetary impact by revising the resolution. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT Resolution No. 08-018, authorizing the City Manager to terminate the contract with Millennium Transit for the purchase of transit buses, be revised to reflect termination for reason of convenience. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 1 st day of April, 2008. - Mayor Becky Ames - C~ B City Council Agenda Item y g IM ° E • EL TO: City Council FROM: Kyle Hayes, City Manager -'r`tO PREPARED BY: Tom Warner, Director of Public Works MEETING DATE: April 1, 2008 REQUESTED ACTION: Council consider a resolution authorizing the acceptance of a ten (10) foot wide water line easement [adjacent to 10 foot Water Line Easement accepted in December, 2007] providing access for fire prevention services across Industrial Apparatus property at 1320 E. Florida Avenue. RECOMMENDATION Administration recommends acceptance of the above named easement. BACKGROUND Industrial Apparatus Service, Ltd. has agreed to convey a ten (10) foot wide water line easement [adjacent to 10 foot Water Line Easement accepted in December, 2007] to the City of Beaumont. The Water Line Easement [0.0312 acre of land out of out of Block 1, Spindletop Heights] will provide mandatory access to the water lines and fire hydrants for their property at 1320 E. Florida Avenue and would also allow for the construction, alteration, operation and maintenance of the said water line and appurtenances. BUDGETARY IMPACT None. engfire_indust2-ib.wpd 24 March 2008 RESOLUTION NO. WHEREAS, Industrial Apparatus Service, Ltd., has offered to convey a ten-foot (10') wide Water Line Easement, being a 0.0312 acre of land out of Block 1, Spindletop Heights, Jefferson County, Texas, as described in Exhibit "A" and shown on Exhibit "B" attached hereto, to the City of Beaumont for the purpose of providing mandatory access to the water lines and fire hydrants for fire prevention services for their property located at 1320 E. Florida Avenue and also allow for the construction, alteration, operation and maintenance of the said water line and appurtenances; and, WHEREAS, the City Council has considered the purpose of said conveyance and is of the opinion that the acceptance of said conveyance is necessary and desirable and that same should be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the easement conveyed by Industrial Apparatus Service, Ltd., as described in Exhibit "A" and shown on Exhibit "B" attached hereto be and the same is hereby, in all things, accepted. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 1 st day of April, 2008. - Mayor Becky Ames - EXHIBIT "A" 0.0312 ACRE OF LAND OUT OF BLOCK 1, SPINDLE-TOP HEIGHTS, CITY OF BEAUMONT, JEFFERSON COUNTY,TEXAS BEING 0.0312 acre of land out of and a part of Block 1, Spindle-Top Heights, City of Beaumont, recorded in Volume 1, Page 27, Map Records, Jefferson County, Texas; being situated in the J.A. Veatch Survey, Abstract No. 55, Jefferson County, Texas; and being part of a (Called 2.47) acre tract of land conveyed to Industrial Apparatus Services, Inc., recorded in File No.1999013716, Official Public Records, Jefferson County, Texas; said 0 0312 acre ract heing more fif1ly described by metes, aud bounds as folls, to Mdt' COMMENCING at a 1/2" steel rod set, capped, and marked "SOUTEX" for the Northeasterly corner of the (Called 2.47) acre tract on the South right of way line a dedicated road named Florida Avenue; said 1/Z" steel rod being the Northeasterly comer of a (Called 0.2568) acre tract of land conveyed to the City of Beaumont for waterline easement purposes, recorded in File No. 2007048675, Official Public Records, Jefferson County, Texas; THENCE, North 89 deg., 13 min., 08 sec., East, on the South right of way line of said Florida Avenue, same being the Northeasterly line of the (Called 2.47) acre tract and the Easterly line of the (Called 0.2568) acre tract, a distance of 14.40' to a point for corner being the POINT OF BEGINNING; said point for corner being the Southeasterly corner of the (Called 0.2568) acre tract and the Northwesterly corner of the herein described tract; THENCE, North 89 deg., 13 min., 08 sec., East, continuing on the North line of the (Called 2.47) acre tract, same being the South right of way line of said Florida Avenue, a distance of 130.92' to a point for corner being the Northeasterly corner of the herein described tract; from which a 4" brass disc found in concrete for the Northeasterly comer of the (Called 2.47) acre tract, bears North 89 deg., 13 min., 08 sec., East, a distance of 214.00'; THENCE, South 01 deg., 00 min., 36 sec., West, a distance of 10.00' to a point for corner being the Southeast comer of the herein described tract; THENCE, South 89 deg., 13 min., 08 sec., West, 10' South of and parallel to the South right of way line of said Florida Avenue, same being the Northeasterly line of the (Called 2.47) acre tract, a distance of 140.91' to a point for corner on the Southeasterly line of the (Called 0.2568) acre tract; said point for corner being the Southwest corner of the herein described tract; r THENCE, North 45 deg., 04 min., 10 sec., East, on the Southeasterly line of the (Called 0.2568) acre tract, a distance of 14.36' to the POINT OF BEGINNING and containing 0.0312 acre of land, more or less for waterline easement purposes. This description is based on the Land Survey made by Anthony M. Leger, Registered Professional Land Surveyor No. 5481, on March 6,2008. Note: Reference sine based on monuments found on the South line of the (Called 2.47) acre tract. South 45 deg., 01 min., 38 sec., West, 557.26' (Called 559.91') Industrial Apparatus Services,Ltd. LS-07-1408E E O F .......... d)A\ AN ..c 9 �FSS�o� OF SURV�f!, C% CLIENT: INDUSTRIAL APPARATUS SERVICES. LTD. MOBIL PIPELINE CO. PART OF BLK. 1 SPINDLE—TOP HEIGHTS POINT OF COMMENCING �+ I VOL. 1, PG. 27, M.R.J.C. SET 1/2" STEEL ROD N 45'04'10" E 14.36' N 89'13'08" E 14.40' N SCALE: 1' 100' 45'0410 E POINT OF BEGINNING � r______ — — � I FOUND 1/2" STEEL ROD CALLED 0.2568 ACRE CITY OF BEAUMONT S LINE�EASEMENT 6 ���. F. / 2007048675 O.P.R.J.C. I w PROPOSED 10' WADE WATER LINE EASEMENT 0.0312 ACRE OF LAND 9y o9 9�fi PART OF BLK. 1 SPINDLE—TOP HEIGHTS \j,� VOL 1, PG. 27, MAP RECORDS p�F \ JEFFERSON COUNTY. TEXAS g NOTE 1 ' ?i Ir FOUND 3/8' REF. UNE = S 45'01'38' W 557.26' �� I STEEL ROD (CALLED 556.91') FOUND 4 \ Z BRASS MON. aO�yc� IN CONC. Z� \ W I 3 N165 R G• N tO F G• p. cn I r;Cno� _ NOTE le n CALLED 2.47 ACRES C; INDUSTRIAL APPARATUS cN3 a SERVICES, INC. O J F. 1� 1 9901 371 6 a O.P.R.J.C. a Ir V D I z I I LEGEND b = FIRE HYDRANT VEATCH AVENUE DZ5CF4PT=OF BERV=: EXHIBIT 'B" PROPOSED WATERLINE EASEMENT BURYEYOR'8 C=TERCATION: The undersigned does hereby certify that this survey was this day made of the property legally described hereon and is correct. Dated 3/6/08 The above tract being located at 1320 EAST FLORIDA AVENUE, BEAUMONT, TEXAS 77705 and being described as 0.2863 ACRE OF LAND, PART OF 8 K 1 SPINDLE—TOP HEIGHT!; as recorded in Volume 1 , Page 27 of the MAP Records of JEFFERSON County, Tax". This survey is certified for this transaction only: it is not transferable to additional institutions or subsequent owners. METES & BOUNDS TO ACCOMPANY PLAT OF EVEN DATE ANTHONY M. LEGE REGISTERED PROFESSIONAL LAND SURVEYOR NO.: 5481 ENCROACHMENT NOTES: e.P'EG I TF TF SOUTEX f:Tp 0$48.�EGER 1 Project No. 07-1408E SURVEYORS INC.3737 o � 3737 DOCTORS DRIVE S RV `( Drawn By: R. DINSCORE PORT ARTHUR, TEXAS 77842 (409) 983-2004 (409) 983-2005 p EXHIBIT "B" V~ • City Council Agenda enda Item M EL TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tom Warner, Director of Public Works MEETING DATE: April 1, 2008 REQUESTED ACTION: Council consider a resolution authorizing the acceptance of a ten (10) foot wide water line easement providing access for fire prevention services for the Community Bank of Texas located at Dowlen and Delaware. RECOMMENDATION Administration recommends acceptance of the above named easement. BACKGROUND Community Bank of Texas, N. A. has agreed to convey a ten (10) foot wide water line easement to the City of Beaumont. The Water Line Easement (0.033 acre of land out of an 8.4479 tract situated in the Hezekiah Williams Survey) will provide mandatory access to the water lines and fire hydrants for the new Community Bank property located at Dowlen and Delaware and would also allow for the construction, alteration, operation and maintenance of the said water line and appurtenances. BUDGETARY IMPACT None. engcommunity_bank-ib.wpd 24 March 2008 RESOLUTION NO. WHEREAS, Community Bank of Texas, N.A., has offered to convey a ten-foot(10') wide Water Line Easement, being a 0.033 acre of land out of an 8.4479 tract situated in the Hezekiah Williams Survey, Jefferson County, Texas, as described in Exhibit "A" and shown on Exhibit"B"attached hereto, to the City of Beaumont for the purpose of providing mandatory access to the water lines and fire hydrants for fire prevention services for the new Community Bank property located at Dowlen and Delaware and also allow for the construction, alteration, operation and maintenance of the said water line and appurtenances; and, WHEREAS, the City Council has considered the purpose of said conveyance and is of the opinion that the acceptance of said conveyance is necessary and desirable and that same should be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the easement conveyed by Community Bank of Texas, N.A.,as described in Exhibit "A" and shown on Exhibit "B" attached hereto be and the same is hereby, in all things, accepted. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 1 st day of April, 2008. - Mayor Becky Ames - A, ARCENEAUX & GATES ARCENUUX GATES Engineers • Surveyors • Pkmners METES AND BOUNDS DESCRIPTION OF A 10 FEET WIDE WATERLINE EASEMENT SITUATED IN THE HEZEKIAH WILLIAMS SURVEY, ABSTRACT NO. 56, BEAUMONT, JEFFERSON COUNTY,TEXAS Being a 10 feet wide tract or parcel of land for easement purposes, a portion of that certain tract of land(called Tract 1 —8.4479 acres) as conveyed by deed dated August 16, 2007 from Ray,M. Moore, Trustee to CommunityBank of Texas, N.A., recorded in Clerk's File No. 2007032932 of the Official Public Records of Real Property, County Clerk's Office, Jefferson County, Texas, as situated in and a part of the Hezekiah Williams Survey, Abstract No. 56 of said County and being more particularly described by metes and bounds as follows; FOR LOCATIVE PURPOSES, commence at a %" steel rod found located at the East line of Dowlen Road (based on a width of 100 feet) marking the upper Southwest comer of said 8.4479 acre tract of land, this point also marks the Northwest corner of a called 0.3443 acre tract of land as conveyed by deed to Paul Lee, recorded in Clerk's File No. 96-9610474 of said Official Public Records; THENCE North 86 deg. 05 min. 45 sec. East along the North line of said Lee 0.3443 acre tract with the upper South line of said 8.4479 acre tract a distance of 150.00 feet to a %" steel rod found marking the Northeast comer of said Lee 0.3443 acre tract and an "Ell" comer of said 8.4479 acre tract of land; THENCE South 03 deg. 33 min. 33 sec. East along the East line of said Lee 0.3443 acre . tract with the middle West line of said 8.4479 acre tract a distance of 124.42 feet an angle point for comer; THENCE North 86 deg. 25 min. 31 sec. East a distance of 12.22 feet to a point marking the Southwest corner and POINT OF BEGINNING of the herein described tract of land; THENCE North 03 deg. 33 min. 24 sec. West a distance of 143.67 feet to a point marking the Northwest comer of the herein described tract of land; THENCE North 86 deg. 26 min. 36 sec. East a distance of 10.00 feet to a point marking the Northeast corner of the herein described tract of land; THENCE South 03 deg. 33 min. 24 sec. East a distance of 143.67 feet to a point marking the Southeast comer of the herein described tract of land; EXHIBIT "A" \\Agengserver\A&G\A&G SURVEYINGWETES&HOUNDS\200g\SU 00.doc One Turtle Creek Square 3501 Turtle Creek Dr., Suite 102 Port Arthur,TX 77642 409/724-7888 FAX 409/724-1447 THENCE South 86 deg. 26 min. 36 sec. West a distance of 10.00 feet to the Southwest corner and POINT OF BEGEWffNG and containing in area 1,437 square feet or 0.033 acres of land, more or less. Surveyed: February,2008 .......... T G} F,gFN JOHN R:.(806..... ... ....HOO. S 4583�Pv:: 7Z, Jo (Bob)Hodges R.P .#4583 SURVFs Notes: Bearings referenced to the East Right of Way line of Dowlen Road-North 03 deg. 34 min. 17 sec. West-deed 8.4479 acre tract—CF#2007032932 OPRJC. An exhibit of even date is being submitted with and being made a part of this metes and bounds description. \\A9enPerve6A&MA&G SURVEYING\ME1'ES&BOUNDS12009MI-100.doc DELAWARE STREET (80'R.O.W.) CF o 4-90416664 ,so Q S Q r .. RAY M.MOORE,TRUSTEE W d COMMUNITYBANK OF TEXAS,NA J $ x 08/16/2007 v 0 v LS CF NO.2007 32932 --� a7 POC sit ISIR, O.P.RJ.C. " O 10'WATER UNE EASEMENT 1437 S0.PT.CA=0.3443 ACRES 0.0310 ACRES PAUL LEE CF NO.96-9610474 O.P.RJ.C. P 550 P Ox k EASEMENT GULF STATES LIIB.M COMPANY VOL 1645,PG.397 REMMNOER OF 11.02 ACRES NA PHELAN,TRUSTEE VOL 1916,PG.372 O.RJ.C. NOTE: BEARINGS REFERENCE TO THE EAST RIGHT OF WAY LINE OF DOWLEN ROAD N 03'34'17' W — DEED CF12007032932 O.P.R.J.C. E OF T •��G,1ST• LINE TABLE NUMBER DIRECTION NUMBER LEGEND " ' 4....... H� S L1 N 86'05745" E 150.00' L2 S 03'3333" E 124.42' � PROPERTY CORNER p 0,,� �yQ;: • POINT FOR CORNER (J�Q'••,�S.0,,.•0� L3 N 86'25'31" E 12.22' POC POINT OF COMMENCING S'UR%J L4 N 03'33'24" W gl POB POINT OF BEGINNING L5 N 86'26'36" E L6 S 03'33'24" E L7 S 86'26'3 " EXHIBIT SHOWING PROPOSED PAGE 10' WATER LINE EASEMENT LOCATED ON THE COMMUNITYBANK OF TEXAS, N.A. 3 ® ARCENEAUX & GATES 8.4479 ACRE PROPERTY OF ARCENEAUX c0� En Piann�c H. WILLIAMS SURVEY, ABSTRACT NO. 56 � Ea6ineen Sungors Mennen GATES o Sao, TarUe L4'eek 9rMe.Suit. lox BEAUMONT,JEFFERSON COUNTY,TEXAS. 078136 coma ec POrL ArtLer,T""77642 "'"1R 10� (409)7L4-7666 DATE: FEBRUARY 2008 SCALE: 1-=150" DRAWN: JOG PROJ. No.: SLI-100 DESIGN: CHECKED: JRH EXHIBIT "B" EL City of Beaumont REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS APRIL 1, 2008 1:30 P.M. AGENDA CALL TO ORDER * Invocation Pledge Roll Call * Presentations and Recognition * Public Comment: Persons may speak on scheduled agenda item No. 5/Consent Agenda * Consent Agenda GENERAL BUSINESS 1. Consider a request for a zone change from GC-MD (General Commercial-Multiple Family Dwelling)District to RS (Residential Single Family Dwelling)District property located at 4795 College Street 2. Consider a request for a specific use permit to allow a heat treatment facility in an LI(Light Industrial)District and the CBD(Central Business District)located between Milam, Trinity and Gilbert Streets 3. Consider a request for a specific use permit to allow a lube shop and state inspection business in the CBD (Central Business District)at 1009 Calder 4. Consider a request for a specific use permit to allow a warehouse in the CBD (Central Business District)at 1036-1038 Calder 5. Consider approving a contract with the Beaumont Community Housing Development Organization for the purchase of three pre-existing scattered-site homes COMMENTS * Councilmembers/City Manager comment on various matters * Public Comment(Persons are limited to 3 minutes) EXECUTIVE SESSION * Consider matters related to contemplated or pending litigation in accordance with Section 551.071 of the Government Code: Claim of William Gardiner Small Business Revolving Loan Default: Carolyn Gatlin Breaux dba Unique Creations Kyle M. Sterling dba Sterling Lawn& Landscaping Helen Hunter Tubbs dba SPOTLIGHT Magazine Angela Soileau dba Right Mind Marketing Kevin Reed dba Rags Wash&Express Lube Larry Hernandez dba Los Ninos Child Education Center Etha Eglin dba La Mirage Salon * Consider matters related to employment, evaluation and duties of a public officer or employee in accordance with Section 551.074 of the Government Code: City Magistrates Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact Lenny Caballero at 880-3716 three days prior to the meeting. 1 April 1,2008 Consider a request for a zone change from GC-MD (General Commercial-Multiple Family Dwelling)District to RS (Residential Single Family Dwelling)District property located at 4795 College Street City Council Agenda Item -NOW111 qg� ' c TO: City Council FROM: Kyle Hayes, City Manager CCA PREPARED BY: Chris Boone, Community Development Director MEETING DATE: April 1, 2008 REQUESTED ACTION: Council consider a request for a zone change from GC-MD (General Commercial-Multiple Family Dwelling)District to RS (Residential Single Family Dwelling) District for the property located at 4795 College Street. RECOMMENDATION The Administration recommends denial of the request for the zone change. BACKGROUND Stephanie Filer has applied for the zone change. Ms. Filer states that her family has resided in this former motel for over six years. In December,2007,the Filers applied for a building permit to allow a second story addition to be constructed on part of the building. The reason for the zone change is to allow the Filers to continue the construction of a second story addition. However,a zone change to RS would prohibit the commercial activity that is now being conducted on the subject property. The Planning Manager feels that this request constitutes spot zoning. In determining spot zoning,the Planning Commission and City Council must consider the following issues: 1. The law demands that the approved zoning plan should be respected and not altered for the special benefit of the landowner when the change will cause substantial detriment to the surrounding land or serve no substantial public purpose. Would the zone change be in compliance with the adopted comprehensive plan? The applicant states that her family has been using the former motel as their single residence for over six years and that the reason for the zone change is so that they can continue construction of a second story on the existing building. Single family residences are not permitted in a GC-MD District. The subject property is also being used for commercial purposes. All the surrounding property is zoned GC-MD. The zone change would specifically benefit the property owner. 2. Will this change adversely impact the surrounding properties? The nature and degree of an adverse impact upon neighboring lands is important. Lots that are rezoned in a way that is substantially inconsistent with the zoning of the surrounding area, whether more or less restrictive, are likely to be invalid. With residential zoning on the property,any commercially zoned properties that abut the subject property would be required to provide additional landscaping and screening buffers along the adjoining property lines if new construction were to occur. This could place additional burdens on the adjacent property owners. 3. Is the tract of land suitable or unsuitable for use as presently zoned? This is a factor. The size, shape and location of a tract of land or lot may render it unusable or even confiscatory as zoned. The land is suitable for use as presently zoned. The property has no special features that would render it unusable. 4. Does the proposed zone change bear a substantial relationship to the public health, safety, morals or general welfare or protect and preserve historical and cultural places and areas? The amendatory ordinance must bear a substantial relationship to the aforementioned considerations. The proposed zone change does not bear a substantial relationship to the public health, safety,morals or general welfare or protect and preserve historical and cultural places and areas. At a Joint Public Hearing held March 17, 2008,the Planning Commission recommended denial of a request for a zone change from GC-MD (General Commercial-Multiple Family Dwelling) District to RS (Residential Single Family Dwelling)District for the property located at 4795 College Street. BUDGETARYIMPACT None. ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING CHAPTER 30 OF THE CODE OF ORDINANCES OF BEAUMONT, TEXAS, AND IN PARTICULAR THE BOUNDARIES OF THE ZONING DISTRICTS,AS INDICATED UPON THE ZONING MAP OF BEAUMONT,TEXAS, BY CHANGING THE ZONING OF PROPERTY PRESENTLY ZONED GC-MD(GENERAL COMMERCIAL-MULTIPLE FAMILY DWELLING) DISTRICT TO RS (RESIDENTIAL SINGLE FAMILY DWELLING) DISTRICT FOR PROPERTY LOCATED AT 4795 COLLEGE STREET, BEAUMONT, JEFFERSON COUNTY, TEXAS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That Chapter 30 of the Code of Ordinances of Beaumont, Texas, and in particular the boundaries of the zoning districts, as indicated upon the Zoning Map of the City of Beaumont, referred to in Section 30-513 thereof, is hereby amended by changing the zoning of property presently zoned GC-MD(General Commercial-Multiple Family Dwelling) District to RS (Residential Single Family Dwelling) District for property located at 4795 College Street, being Lot 1, College Acres Addition, City of Beaumont, Jefferson County, Texas, containing 0.68 acres, more or less, as shown on Exhibit"A,"and the official zoning map of the City of Beaumont is hereby amended to reflect such changes. Section 2. That, in all other respects, the use of the property herein above described shall be subject to all of the applicable regulations of the underlying zoning district as well as those regulations contained in Chapter 30 of the Code of Ordinances of Beaumont, Texas, as amended. Section 3. That if any section, subsection, sentence, clause or phrase of this ordinance, or the application of same to a particular set of persons or circumstances, should for any reason be held to be invalid, such invalidity shall not affect the remaining portions of this ordinance, and to such end, the various portions and provisions of this ordinance are declared to be severable. Section 4. That all ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only. Section 5. That any person who violates any provision of this ordinance shall, upon conviction, be punished, as provided in Section 1-8 of the Code of Ordinances of Beaumont, Texas. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 1 st day of April, 2008. - Mayor Becky Ames - File 3 -Z: Request for a zone change from GC-MD (General Commercial-Multiple Family Dwelling) District to RS (Residential Single Family Dwelling) District. Location: 4795 College Street Applicant: Stephanie Filer o 100 200 Feet Legend 1931 Z GC- D .COLLEGE ST v X M o �o BELMONT ST EXHIBIT "A" 2 April 1, 2008 Consider a request for a specific use permit to allow a heat treatment facility in an LI (Light Industrial)District and the CBD (Central Business District)located between N ilam, Trinity and Gilbert Streets ..N, City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Chris Wne,Community Development Director MEETING DATE: April 1, 2008 REQUESTED ACTION: Council consider a request for a specific use permit to allow a heat treatment facility in an LI(Light Industrial) and CBD (Central Business District) for the property located between Milam,Trinity and Gilbert Streets. RECOMMENDATION The Administration recommends approval of the request subject to the following condition: • Provide a 6'wide landscape strip along the Trinity and.Gilbert frontages and the required interior landscape islands within the parking lot at the southeast corner of Trinity and Gilbert. BACKGROUND Eastham Forge has applied for the specific use permit. The main facility will be located at the northwest corner of Trinity and Milam. Employee parking will be located at the southeast corner of Trinity and Gilbert. Eastham Forge plans to construct a 42,250 sq. ft. building that would house a heat treatment facility. The building will house three furnaces and three quench tanks. An existing building will be demolished to make way for the new building. Eastham Forge manufactures alloy steel parts for the oil and gas exploration inuustry. Currently, there is no such heat treatment facility, as proposed,in Southeast Texas. The industry now has to ship parts to Houston for heat treatment. This facility would be the first of its kind in the area. Manufactured parts are placed in one of the furnaces and then to one of the quench tanks to cool to the desired hardness. The process is computer controlled. The furnaces run 10-12 hours at a time. The facility will run 24/7 and will employ four to six employees. At a Joint Public Hearing held March 17,2008,the Planning Commission recommended approval of a request for a specific use permit to allow a heat treatment facility in an LI(Light Industrial) District and CBD (Central Business District) located between Milam,Trinity and Gilbert Streets, subject to the following condition: • Provide a 6'wide landscape strip along the Trinity and Gilbert frontages and the required interior landscape islands within the parking lot at the southeast corner of Trinity and Gilbert. BUDGETARYIMPACT None. ORDINANCE NO. ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A HEAT TREATMENT FACILITY IN AN LI (LIGHT INDUSTRIAL) DISTRICT AND CBD (CENTRAL BUSINESS DISTRICT) LOCATED BETWEEN MILAM, TRINITY AND GILBERT STREETS IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS, the City Council for the City of Beaumont desires to issue a specific use permit to Eastham Forge, to allow a heat treatment facility in an LI (Light Industrial) District and CBD (Central Business District) located between Milam, Trinity and Gilbert Streets, as described in Exhibit "A" attached hereto; and, WHEREAS, the City Council is of the opinion that the issuance of such specific use permit is in the best interest of the City of Beaumont and its citizens, subject to the hereinafter described condition; NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That a specific use permit to allow a heat treatment facility in an LI (Light Industrial) District and CBD (Central Business District) located between Milam, Trinity and Gilbert Streets, as described in Exhibit "A" attached hereto and made a part hereof for all purposes, is hereby granted to Eastham Forge, its legal representatives, successors and assigns, subject to the hereinafter described condition: o Provide a 6'wide landscape strip along the Trinity and Gilbert frontages and the required interior landscape islands within the parking lot at the southeast corner of Trinity and Gilbert. 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 Exhibits"B" and "C" and made a part hereof for all purposes. Section 3. Notwithstanding the site plan attached hereto, the use of the property herein above described shall be in all other respects subjectto all of the applicable regulations contained in Chapter 30 of the Code of Ordinances of Beaumont, Texas, as amended. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 1st day of April, 2008. - Mayor Becky Ames - LEGAL DESCRIPTION FOR ORDINANCE PURPOSES BEGINNING at a punch mark found in concrete at the intersection of the southwesterly right- of-way line of Trinity Street and the northwesterly right-of-way line of Milam Street for the east comer of the said 1.535 acre tract; THENCE South 46°2858"West along the said northwesterly right-of-way line of Milani Street and the southeasterly line of the said 1.535 acre tract a distance of 361.29 feet(called South 46° 2700" West 360.80 feet)to a 1/2'capped iron rod set for the east corner of a called 0.276 acre tract conveyed to Eastham Forge, Inc. as recorded in Film Code 103-68-1621 of the Real Property Records of Jefferson County,Texas and the south comer of the said 1.535 acre tract; T I NCE North 43-28'02" West along the northeasterly line of the said 0.276 acre tract and the southwesterly line ofthe said 1.535 acre tract a distance of 150.00 feet(called North 43°33' 00"West 150.00 feet)to a"X"set in concrete in a southeasterly line of a called 2.919 acre tract (Parcel"B")conveyed to Eastham Forge,Inc.as recorded in Clerks Filie No. 9732733 of the Official Public Records of Jefferson County,Texas for the north corner of the said 0.276 acre tract and the west comer of the said 1.535 acre tract; THENCE North 46°39'22"Fast along the said southeasterly line of the said 2.919 acre tract and an interior line of the said 1.535 acre tract a distance of 118.77 feet(called North 46 027'00" East)to a"X"set in concrete for an exterior comer of the said 2.919 acre tract and an interior comer of the said 1.535 acre tract; THENCE North 43032'37' West along an interior line of the said 2.919 and 1.535 acre tracts a distance of 52.80 feet(called North 43°33'00" West 52.80 feet)to a"X"set in concrete for an interior corner of the said 2.929 acre tract and an exterior comer of the said 1.535 acre tract; THENCE North 46°27'23" East along an interior line of the said 2.919 acre tract and the northwesterly line of the said 1.535 acre tract a distance of 242.30 feet(called North 46°27'00" East 242.30 feet)to a PK nail found in the southwesterly right-of-way line of Trinity Street for the east corner of the said 2.919 acre tract and the north corner of the said 1.535 acre tract four which a '/2' iron rod found at the intersection of the said southwesterly right-of-way line of Trinity Street and the northwesterly right-of-way line of KCS Street bears North 43°32'52" West 158.28 feet(called 158.30 feet); THENCE South 43°33'00"East along the said southwesterly right-of-way line of Trinity Street and the northeasterly line of the said 1.535 acre tract a distance of 202.55 feet(called South 4303310011 East 202.80 feet)to the POINT OF BEGINNING and containing 1.535 acres of land, more or less. AND Lots 446, 447 and 451,Block 60, Original Townsite of Beaumont, City of Beaumont, Jefferson County,Texas,containing 0.537 acres,more or less. EXHIBIT "A" He 1934- Request for a specific use permit to allow a heat treatment facility in an LI Light Industrial)District. ocation: Between Milam, Trinity and Gilbert Streets pplicant: Fittz& Shipman, Inc. 0. 100 200 Feet CO. EST Legend CBD 1S34P C� to BD :048 NE SST L' L.r C 705 MILAM ST • L 855 MLA ST • 1 055 ARCHIE ST 720 FRANKLIN 865 MILAM S • EXHIBIT "B" KCS RAILWAY GILBERT STREET 0 120'— E.F.1. SHIPPING AND RECEIVING GATE 120' EXISTING CONCRETE DRIVEVAY — EMPLOYEE PARKING 23,400 SQ. FT. —. 1. INSPECTION DEPT. FENCE j 325' 60' THU ---am rout ome' m m�z�ia HEAT TREAT FACILITY 130' 42,250 S0. FT. x : 150' �. moo ru 1oe oxcr M..tR, IuL F N . Mot FlxiMtE FIAUCE FIWMtE Mat ti % J X. Z C wwlnawm a ar a UENM wwlnawm ~ zrx a•r srx zer zrx rrr UIILMES Mt%TMT G7Va1 sr-4•crw..) ?i Kwin om TIM MILAM STREET �T MILAM STREET 1Y M :Approval subject to the following condition: Provide a 6'wide landscape strip along the Trinity = and Gilbert frontages and the required interior landscape islands within the parking lot at the southeast corner of Trinity and Gilbert. SCALE 1 = 30'-o• 0 3 April 1, 2008 Consider a request for a specific use permit to allow a lube shop and state inspection business in the CBD (Central Business District) at 1009 Calder �,. City Council Agenda Item �r TO: City Council FROM: Kyle Hayes, City Manager rtA PREPARED BY: Chris Boone,Community Development Director MEETING DATE: April 1, 2008 REQUEST ED ACTION: Council consider a request for a specific use permit to allow a lube shop and state inspection business in the CBD (Central Business District)for the property located at 1009 Calder. RECOMMENDATION The Administration recommends approval of the request subject to the following condition: • Provide a 6' wide landscape strip along the Magnolia Avenue frontage of the proposed parking lot at the rear of the building. BACKGROUND Joseph Endari has applied for the specific use permit. Mr. Endari states that he would like to convert the existing 1,200 sq. ft. building into a two bay lube shop and state inspection business. The most recent uses of the subject property were a tattoo parlor and retail space. An auto repair shop is located immediately to the west of the subject property. At a Joint Public Hearing held March 17, 2008,the Planning Commission recommended approval of a request for a specific use permit to allow a lube shop and state inspection business in the CBD(Central Business District) at 1009 Calder subject to the following condition: Provide a 6'wide landscape strip along the Magnolia Avenue frontage of the proposed parking lot at the rear of the building. BUDGETARYIMPACT None. ORDINANCE NO. ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A LUBE SHOP AND STATE INSPECTION BUSINESS IN THE CBD (CENTRAL BUSINESS DISTRICT) LOCATED AT 1009 CALDER IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS, the City Council forthe City of Beaumont desires to issue a specific use permit to Joseph Endari, to allow a lube shop and state inspection business in the CBD (Central Business District) located at 1009 Calder, being Lot 1 and the East 25' of Lot 2, Block 6, Calder Addition, City of Beaumont, Jefferson County, Texas, containing 0.22 acres, more or less as shown, as shown on Exhibit "A" attached hereto; and, WHEREAS, the City Council is of the opinion that the issuance of such specific use permit is in the best interest of the City of Beaumont and its citizens, subject to the hereinafter described condition; NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That a specific use permit to allow a lube shop and state inspection business in the CBD (Central Business District) located at 1009 Calder, being Lot 1 and the East 25' of Lot 2, Block 6, Calder Addition, City of Beaumont, Jefferson County, Texas, containing 0.22 acres, more or less as shown, as shown on Exhibit "A" attached hereto and made a part hereof for all purposes, is hereby granted to Joseph Endari, his legal representatives, successors and assigns, subject to the hereinafter described condition: o Provide a 6' wide landscape strip along the Magnolia Avenue frontage of the proposed parking lot at the rear of the building. Section 2. That the specific use permit herein granted is expressly issued for and in accordance with each particular and detail of the site plan attached hereto as Exhibit"B" and made a part hereof for all purposes. Section 3. Notwithstanding the site plan attached hereto, the use of the property herein above described shall be in all other respects subject to all of the applicable regulations contained in Chapter 30 of the Code of Ordinances of Beaumont, Texas, as amended. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 1 st day of April, 2008. - Mayor Becky Ames - ile 1932-P: Request for a specific use permit to allow a lube shop and state inspection usiness in the CBD (Central Business District). ocation: 1009 Calder Applicant: Joseph Enda><i 0 100 200 Feet Legend ® 1932P CBD C D CALDER AVE Z O r_ D a rn m us SROAO WAY ST LFG(C MD C TCB EXHIBIT "A" 'Ts.00' PARKING IFLOT PLAN SCALE: 1/16" = 1'-0" LOT: 5LK ADDRESS: CALDER O O O O Dc15TINGS Bl11LDINGs 22'-6" * Approval subject to the following condition: • Provide a 6'wide landscape strip along the Magnolia Avenue frontage of the proposed parking lot at the rear of the building. I EXHIBIT "B" 4 April 1, 2008 Consider a request for a specific use permit to allow a warehouse in the CBD (Central Business District) at 1036-1038 Calder City Council Agenda Item maim K TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Chris Boone,Community Development Director MEETING DATE: April 1, 2008 REQUESTED AC!AON: Council consider a request for a specific use permit to allow a warehouse in the CBD(Central Business District) for the property located at 1036-1038 Calder. RECOMMENDATION The Administration recommends approval of the request subject to the following condition: • Provide a 6' wide landscape strip along the Calder Avenue frontage. BACKGROUND Weaver Enterprises,on behalf of Hadley's Furniture,has requested the specific use permit. Mr. Hadley Cohen states that the new warehouse will be a steel building that will serve his business. The warehouse is necessary to maintain a level of immediate ready goods to serve the company's customers. In building on the subject property,Hadley's furniture will have all goods centrally i services. located for customer pickups and delivery se ic es. The new structure will be built on an existing slab that runs the full length of the property. The contractor states that the concrete will be cut to provide anchors for the steel frame of the structure. He stated that he would be able to cut out a portion of the concrete for landscaping also. At a Joint Public Hearing held March 17, 2008,the Planning Commission recommended approval of a request for a specific use permit to allow a warehouse in the CBD (Central Business District)at 1036-1038 Calder subject to the following condition: • Provide a 6'wide landscape strip along the Calder Avenue frontage. BUDGETARY IMPACT None. ORDINANCE NO. ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A WAREHOUSE IN THE CBD (CENTRAL BUSINESS DISTRICT) AT 1036-1038 CALDER IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS, the City Council forthe City of Beaumont desires to issue a specific use permit to Hadley Cohen of Hadley's Furniture, to allow a warehouse in the CBD (Central Business District) at 1036-1038 Calder, being the East'/of Lot 13 and all of Lot 14, Block 4, Calder Addition, City of Beaumont, Jefferson County, Texas, containing 0.33 acres, more or less, as shown on Exhibit "A" attached hereto; and, WHEREAS, the City Council is of the opinion that the issuance of such specific use permit is in the best interest of the City of Beaumont and its citizens, subject to the hereinafter described condition; NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That a specific use permit to allow a warehouse in the CBD (Central Business District) at 1036-1038 Calder, being the East 'h of Lot 13 and all of Lot 14, Block 4, Calder Addition, City of Beaumont, Jefferson County,Texas, containing 0.33 acres, more or less, as shown on Exhibit"A" attached hereto and made a part hereof for all purposes, is hereby granted to Hadley Cohen of Hadley's Furniture, his legal representatives, successors and assigns, subject to the hereinafter described condition: 0 Provide a 6' wide landscape strip along the Calder Avenue frontage. Section 2. That the specific use permit herein granted is expressly issued for and in accordance with each particular and detail of the site plan attached hereto as Exhibit"B" and made a part hereof for all purposes. Section 3. Notwithstanding the site plan attached hereto, the use of the property herein above described shall be in all other respects subject to all of the applicable regulations contained in Chapter 30 of the Code of Ordinances of Beaumont, Texas, as amended. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 1 st day of April, 2008. - Mayor Becky Ames - File 1933-P: Request for a specific use permit to allow a warehouse in the CBD (Central Business District). Location: 1036-1038 Calder Applicant: Weaver Enterprise 0 100 200 Feet Legend ® 1933P GC MD MCFADDIN AVE CB _ 3 b 0 m D M CALDER AYE EXHIBIT "A" 75.00 60.00 Job Name: Prop. -f— Job No.: 08238 Dote: 2/20/ Time 08:28 DRAINAGE TO AREA AF NO. (5 1 5648., 2 5658.' EXISTING HADLEY. N PARKING _ AREA AREA 2 AREA 1 o 5658.9SF 5648.8SF o 0 1 PROP.. PRE–ENG METAL BUILDING E Z . o_ ci Z Z 00 0 U L N W W 0 10 0 S C A L E I � *Approval subject to the following condition: • Provide a 6'wide landscape strip along D the Calder Avenue frontage. CALDER AVENUE PR 10; BE EXHIBIT "B" 5 April 1, 2008 Consider approving a contract with the Beaumont Community Housing Development Organization for the purchase of three pre-existing scattered-site homes City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Chris Boone, Community Development Director MEETING DATE: April 1, 2008 REQUESTED ACTION: Council consider approving a contract with the Beaumont Community Housing Development Organization for the purchase of three pre-existing scattered-site homes. RECOMMENDATION The Administration recommends City Council authorize the City Manager to execute a contract with the Beaumont Community Housing Development Organization in the amount of$300,000 for the purchase of three pre-existing scattered-site homes that will be retained as lease property for no more than thirty-six months and sold to eligible low/moderate income families. BACKGROUND The City of Beaumont receives an annual allocation of HOME Investments Partnership funds from the U. S. Department of Housing and Urban Development("HUD") and has previously awarded contracts to the Beaumont Community Housing Development Organization for acquisition of housing to be sold to eligible low/moderate income families under lease-purchase agreements. Federal regulations require that a minimum of 15% of the total allocation of HOME funds be contracted to Community Housing Development Organizations("CHDOs")for eligible CHDO activities, including acquisition of housing, new housing construction and related project delivery costs. Such costs may include site preparation, acquisition, home buyer assistance and other related soft costs. Acquired properties must meet the City's Affordable Housing Program requirements. Upon execution of a contract, the CHDO will identify properties currently on the market and submit them for the Administration's review process which includes satisfying the program's lot specifications, environmental review, and code compliance. Because such purchases are market-driven and require program compliance prior to purchase, property owners are typically unwilling to wait for an uncertain Council decision for fear of losing other solid buyers. Identifying a property on the market after Council approval gives the property owner some assurance that the sale is certain and lessens the wait time between identifying the property and closing. The Beaumont Community Housing Development Organization successfully implemented lease-purchase agreements with low/moderate income families under prior contracts. All properties were conveyed to the lessors within 12 months, well in advance of the federal requirement to convey such properties within thirty-six months. BUDGETARY E PACT Funding is available from the HOME Program.