HomeMy WebLinkAboutPACKET JUN 26 2012 s=ow Wxs■ *pro sv t TV
T X * A * 5
REGULAR MEETING OF THE CITY COUNCIL
COUNCIL CHAMBERS JUNE 26,2012 1:30 P.M.
CONSENT AGENDA
* Approval of minutes—June 19,2012
* Confirmation of committee appointments
A. Approve an amended pipe line crossing contract with the Kansas City Southern Railway
Company related to the Main Street Utility Relocation Project
A
RICH WITH OPPORTUNITY
BEA`Ulmm*
T • Z • X • A • $ City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Dr. Hani J. Tohme, P.E., Water Utilities Director
MEETING DATE: June 26, 2012
REQUESTED ACTION: Council consider a resolution approving an amended pipe
line crossing contract with The Kansas City Southern
Railway Company related to the Main Street Utility
Relocation Project.
BACKGROUND
The original pipe line crossing contract was executed on June 14, 1954. The contract describes
the City's existing water and sanitary sewer mains situated along Main Street that cross the KCS
railroad tracks near the intersection of Main Street and Gilbert Street. The new pipeline crossing
contract will abandon an existing 30" sewage pipeline and install a 30" carrier/42"casing
sanitary sewer pipeline and to abandon an existing 12"water pipeline and install a 12.750"
carrier/20" casing potable water pipeline at KCS Mile Post K 766.1 (Main Street).
Council had previously authorized the execution of a contract for the construction of the Main
Street Utility Relocation Project with Allco, Ltd., in the amount of$309,795.82 on April 10,
2012.
FUNDING SOURCE
Not applicable.
RECOMMENDATION
Approval of resolution.
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF BEAUMONT:
THAT the City Manager be and he is hereby authorized to execute an Amendment to a
Pipe Line Crossing Contract, substantially in the form attached hereto as Exhibit"A,"with
The Kansas City Southern Railway Company to provide for the abandonment of an existing
30"sewage pipeline and installation of a 30"carrier/42"casing sanitary sewer pipeline and
abandonment of an existing 12" water pipeline and installation of a 12.750" carrier/20"
casing potable water pipeline at KCS Mile Post K 766.1 (Main Street) related to the Main
Street Utility Relocation Project.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 26th day of
June, 2012.
- Mayor Becky Ames -
12-1366—1367
AMENDMENT TO PIPE LINE CROSSING CONTRACT
THIS AMENDMENT ("AMENDMENT")amends that certain Pipe Line Crossing Contract,dated June
14, 1954, ("BASIC AGREEMENT'), KCS Contract #004019289, by and between THE KANSAS CITY
SOUTHERN RAILWAY COMPANY, a Missouri corporation, called herein "Railway Company", and THE
CITY OF BEAUMONT,TEXAS,to be addressed at 801 Main Street, Suite 210,Beaumont,Texas 77701, called
herein"Licensee". The effective date of this Amendment is the 15'b day of May,2012("Effective Date").
RECITALS:
WHEREAS, City of Beaumont, Texas entered into the BASIC AGREEMENT with The Kansas City
Southern Railway Company dated June 14, 1954, including all amendments and supplements thereto, such
BASIC AGREEMENT and all supplements and amendments and this Amendment,hereinafter sometimes referred
to as"Agreement".
WHEREAS, Licensee desires to abandon an existing 30" sewage pipeline and install a 30" carrier/42"
casing sanitary sewer pipeline, and to abandon an existing 12" water pipeline and install a 12.750" carrier/20"
casing potable water pipeline at Mile Post K 766.1 (Main Street).
Except as modified herein, all terms and conditions of the BASIC AGREEMENT shall remain in full
force and effect.
AGREEMENT:
NOW, THEREFORE, IT IS AGREED by and between the parties that the Agreement is hereby
amended by adding the following provisions to the Agreement, which provisions are in effect as of the Effective
Date.
1. Licensor, without any warranty or guarantee of suitability of the premises for Licensee's or any
other purpose, hereby permits Licensee a license to construct, maintain, operate, use and remove a proposed
sanitary sewer and potable water pipeline under Licensee's tracks and right-of-way at Mile Post K 766.1
(Beaumont Subdivision) at or near Beaumont (Jefferson County), Texas, the course of the pipelines being
described and as indicated on print of drawing no. 12-1366 and 12-1367 dated 02-01-2012 and approved 02-02-
2012,marked Exhibit"A",attached hereto and incorporated herein by reference.
The rights granted under this Agreement are subject to all outstanding superior rights whether or not of
record(including those in favor of licensees and lessees of Licenser's property,and others)and the right of Licensor
to renew and extend the same, and is made without covenant of title, or for quiet enjoyment. Licensor does not
warrant title and Licensee accepts the rights granted herein and shall make no claim against Licensor for deficiency
of title. Licensee acknowledges that the Licensoe's interest in the right-of-way varies from segment to segment and
may include lesser interests than fee title. Licensee shall, at Licensee's sole cost and expense, obtain any and all
necessary rights and consents from parties other than Licensor which may have or claim any right,title or interest in
the property upon which the Licensee's right-of-way is located.
2. The sanitary sewer carrier pipe shall consist of 30"HDPE having a minimum wall thickness of 3.1"
and a minimum yield point of 160 PSI,which carrier pipe shall be encased in a 42"x 100'steel casing pipe having a
minimum wall thickness of 0.5625"and a minimum yield point of 35,000 PSI. Maximum operating pressure of the
pipeline shall not be greater than 35 PSI.
-Page 1 of 4-
EXHIBIT "A"
12-1366-1367
The potable water carrier pipe shall consist of 12.750" HDPE having a minimum wall thickness of 1.27"
and a minimum yield point of 160 PSI,which carrier pipe shall be encased in a 20"x 107'steel casing pipe having a
minimum wall thickness of 0.3125"and a minimum yield point of 35,000 PSI. Maximum operating pressure of the
pipeline shall not be greater than 35 PSI.
Licensee expressly agrees that its under-track installation shall be by dry bore and jack method and that no
boring or excavation shall occur within Licensoe's right-of-way, nor shall any boring occur in the track
embankment. The angle of the pipeline crossings beneath Licensor's property and tracks shall be no less than 90°.
Construction, maintenance, operation, use and removal of the pipelines shall not endanger the safety or
condition of Licensors property in any way, or the operation of trains or cars, and the pipelines shall be laid at a
minimum depth of 10' below the bottom of Licensoe's base of rail and at a minimum depth of 9.5' below ground
level at all other points on the right-of-way. Excavations made on Licenser's property shall be promptly refilled by
Licensee,the earth well tamped,and the ground left in the same condition as before laying of the pipelines.
The pipelines shall be maintained so as to prevent the escape of its contents being conveyed.Connections or
valves shall not be placed in the pipelines nearer than forty feet (40') from the center of Licensee's nearest track.
Further, the pipelines and its operation and use, shall comply with any and all applicable governmental laws,rules,
and regulations. The parties hereby incorporate the requirements of 41 C.F.R. §§ 60-1.4(a)(7), 60-250.5, 60-741.5,
and 29 C.F. R. part 470,relating to equal employment opportunity, if applicable. If required by Licensor, gates and
check valves shall be placed in convenient locations. Licensee agrees that no hydrostatic pressure testing shall be
allowed unless the carrier pipe has been encased in a steel casing meeting Licensor and AREMA specifications.
Construction, maintenance, operation, use and removal of the pipelines--shall not endanger the safety or
condition of Licensee's employees or property in any way, or the operation of trains or cars. The location of the
pipelines shall be marked,with markers maintained and plainly visible at the right-of-way lines.
3. Licensee shall not enter nor commence construction on or under Railway Company's property or
right-of-way unless accompanied by a qualified construction observer and flagger to oversee Licensee's work on
Railway Company's property or right-of-way. Licensee will be responsible for all construction observer,flagging
and mobilization costs, herein referred to as "Services", and arranging for these necessary Services associated
with the installation. To enable arrangements to oversee for these Services that are to be performed under this
Agreement, Licensee must submit a written scheduling request to Railway Company's Scheduling Agent,
hereinafter referred to as "Scheduling Agent", which request is received by the Scheduling Agent for approved
Railway Company qualified construction observer and flagging contractor a minim of thirty(30)Business Days
in advance before Licensee proposes to commence work on or under Railway Company's property or right-of-way.
(A"Business Day"is any day Monday through Friday which is neither a federal holiday nor a state holiday at the
address of Railway Company's scheduling agent stated below.) The request must contain Licensee's name, the
date of this Agreement,the location of the work to be performed, and how many consecutive Business Days will
be required for Licensee to complete the work. Licensee's written request must be delivered to Scheduling Agent
at the following location:
Mr.Thomas Faulkner
Bartlett&West,Inc.
1200 SW Executive Drive
Topeka,Kansas 66615
Phone: 785-228-3265
Fax: 785-228-6298
Email: thomas.faulkner@bartwest.com
-Page 2of4-
12-1366-1367
Licensee will, upon receipt of an invoice from Scheduling Agent specifying in reasonable detail
Scheduling Agent's costs and expenses of providing these Services,reimburse Scheduling Agent for all of their
costs and expenses of providing an inspection,flagging and mobilization prior to installation.
Railway Company's designation of a company or individual as a"qualified"flagger or flagger provider,or
Scheduling Agent,shall be construed solely as Railway Company's willingness to allow said individual or entity to
provide Services on Railway Company's property or right-of-way without fund=proof of qualification, and shall
not be construed as an endorsement or other verification of the abilities or qualifications of said Scheduling Agent by
Railway Company. All flaggers or Scheduling Agents provided herein shall be treated solely as independent
contractors of Licensee,with no relationship to Railway Company,for all purposes herein. Licensee and its agents,
employees and contractors will clear the tracks when directed to do so by the flagger. The presence of the flagger
will not relieve Licensee of its duty to keep all of its agents, employees and contractors clear of the tracks when
trains are in dangerous proximity to the licensed area The actions or inactions of the flagger shall be construed for
all purposes herein as the actions or inactions of the Licensee, and shall be governed by Licensee's duties of
indemnification,and saving harmless under Section 3 of this Agreement.
If Licensee's scheduling_reauest fags to reach Scheduling A_ggnt at least thirty(30)Business Days before
Licensee's vrovosed commencement of work Railway C2=M may refuse to allow commencemnent of the work
on the Licensee's pMsed commencement date. If Railway Company will not allow the work to proceed on
Licensee's proposed commencement date because the scheduling request did not reach Scheduling Agent in time,
Railway Company will inform Licensee of this fact as promptly as possible and work with Licensee to arrange an
alternative commencement date for the work,
The construction observer and flagger will-remain at the site on a reasonably continuous.basis-to oversee
the work, and charges will accrue for each day spent awaiting the completion of the work and the installation of
appropriate signs marking where Licensee's facilities enter and leave Railway Company's property and right-of-
way. If installation takes longer than contracted for with Scheduling Agent, Licensee will, upon receipt of an
invoice from Scheduling Agent specifying in reasonable detail Scheduling Agent's costs and expenses of
providing the inspection, flagging and mobilization, reimburse Scheduling Agent for all of Scheduling Agent's
costs and expenses of providing an inspector,flagger and mobilization.
Once Licensee has submitted its scheduling request to Scheduling Agent,should Licensee require a change to
the scheduled date, Licensee shall provide Scheduling Agent at least two (2) Business Days' notice prior to the
requested start date of the work. If Licensee fails to provide two(2) Business Days' notice of the change,Licensee
shall be charged,and agrees to pay,the daily rate,and any travel costs actually incurred,for the construction observer,
flagging and mobilization for one(1)day.
4. Licensee shall pay Railway Company an additional one-time license fee, set in accordance with
Railway Company's then current fee schedule, for any additional pipelines, wireline(s), or facilities permitted by
Railway Company.
5. So long as this Agreement is in effect Licensee agrees to maintain comprehensive general liability
and contractual liability insurance with minimum limits of two million dollars ($2,000,000.00) per occurrence,
four million dollars ($4,000,000.00) aggregate. Licensee shall provide automobile liability coverage in the
amount of one million dollars ($1,000,000.00) combined single limit. In addition, Licensee shall provide or
require minimum statutory worker's compensation coverage for all covered employees who are on Railway
Company's property. Licensee must also provide a Railroad Protective Liability Insurance policy naming the
Railway Company as the Named Insured with coverage limits of at least two million dollars ($2,000,000.00)per
occurrence and six million dollars ($6,000,000.00) aggregate. The original Railroad Protective Liability policy
shall be promptly furnished to Railway Company. Each policy must be issued by financially reputable insurers
-Page 3 of 4-
12-1366—1367
licensed to do business in all jurisdictions where work is performed during the term of the Agreement. A
certificate of insurance will be provided to Railway Company by Licensee, reasonably satisfactory to Railway
Company in form and content,evidencing that all required coverage is in force and have been endorsed to provide
that no policy will be canceled or materially altered without first giving the Railway Company thirty (30) day's
prior written notice. Commercial general liability policy will name Railway Company as an additional insured
and, to the fullest extent allowed under law,will contain a waiver of subrogation in favor of Railway Company.
All policies will be primary to any insurance or self-insurance the Railway Company may maintain for acts or
omissions of Licensee or anyone for whom Licensee is responsible. Any deductible or self-insured retention on
the required insurance shall be the responsibility of Licensee. Licensee will include copies of relevant
endorsements or policy provisions with the required certificate of insurance. Nothing contained in this Section
limits Licensee liability to the Railway Company to the limits of insurance certified or carried by Licensee. If
Licensee utilizes subcontractors in performance of this Agreement, the subcontractors must meet the same
insurance requirements as the Licensee. If a subcontractor does not meet the coverage requirements of this
Section, subcontractor must either supplement the deficient areas of coverage or Licensee must certify that
Licensee has acquired sufficient coverage to supplement the deficiency of subcontractor.
IN WITNESS WHEREOF,the parties hereto have caused this Agreement to be executed in triplicate by
their authorized representatives as of the date first above written.
THE KANSAS CITY SOUTHERN RAILWAY COMPANY
By:
Title:
Date:
THE CITY OF BEAUMONT,TEXAS
By:
Title:
Date:
-Page 4of4-
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No-12-29"7�-
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PIPE LINE. .,C' G CONTRACT
, ..
ente�l into dtit�s,_��r_ 19 between
212 KAt M CITY: RAILUr
a corporation called herein "Licensor"; and
" . CITl or Ham, . .
called herein "Licensee"
1. Licensor hereby grants Licensee the right to lay and maintain__ _ 3 �reu _...
- - - -
pipe line-------for the con!veyazice of-------------:_ ............_....:::.::'::..::.:under its tracks and 1 1� Y at
the course'of'said':pipe line.;: being;described as'follows.
As iadleated br red line m pmt of Iraxlg etc`.
13--4, Bated Juno 10p 1954,.:atb&6W b ato and
2. Said pipeline shall,be-laid in:a:maxmer._:eeceptable.to l icensor's F.aagineer,-md:plans f6r!raame4hall
be submitted for his approval before construction work begins.
Laying and°mainten"cowof'said.line`shall=not en�dw4w l"lie safety'of:Licensor's'•;iroperty in.-Ai *ay,
or Ae vpemiib i'of°tri�inW or cars 'anii#W pipe'Ifite=shalll lie-laid vvif i s'siiitshle protection`ci sii g at
a minimum depth nabsa---below the bottom of Licensor's ties and at.a minimn�'8epth i f t�venty-
four,inches (24").,be aw ground.#,other pQi is an�.Vie #igl t�f,-way: E Patio made.on Licensor's
property shall be promptly refilled by Licensee, the earth well tamp*;fiji4,.gronpd left in. the: sme
condition as before laying of said pipe line, and locations of the pipe line marked and the markers main-
tained and plainly visible at the right-of-way lines.
The pipe line shall be"maintained so as to prevent the escape of gas or liquid being'661`0e`4d
through same, and side connections.or valves shall.not be placed t4erein nearer than. orty. (40),feet to
the center of Licensor's nearest track.
If `required by L censor's Engineer; gates and check valves "I.be;pl�ed,in convenient locations
so Licensor's property will not be endangered by accidents to the pipe line.
.A pipe line-for.' Ig, commodities Between limits of tlhe right-of-way lines.of U..enso{ shall
be erica din cast' "'� cemented o' , or in steel pipeswith`threaded--or:welded-;oin with
ir0 ,itlpg' ts;
sp cs' rei�nd'°saii�l p e t 1i.�md�of said iiig permanently closed with cement..:Said=pips line
hall not be used unless an iron vent pipe be installed and maintained in the casing at locations desig-
nated by Licensor. . . .. ... . . -... ... ..'.. ...::
3- Licensee shall promptly make necessary repairs to said pipe line,and, in the event of 64lii`reAo
do so, same may be made by Licensor at cost of Licensee, which Bost Licensee expressly gees to pay,
upon presentation of bUL
Sh6uld',Lieenbor at any time decide, a change in the location or other changes in said pipe line be
desirable, Licensee will, at its own cost make the,changes u 0'1
:requests, and upon the failure gps at Lice,nsor:r.e
...47�. �Licensee's'.,* :- .
Licensee to do so, Licensor may,n;A6.such changes at expense, which expense the latter
expressly agrees to pay upon receipt of bill.
In consideration of the privleges herein granted, Licensee hereby expressly agrees to save harm-
less Licensor and other railway companies PP .oe*=,from
over, or msing.tra4m of Li #0 claims
for damage to'property or injuries to*persons arising from the'construction, irilnteftan6e, or removal
of said pipe line; and Lice
-*d;=JIW4y companie4j
Tom damages to said pipe
line from any cause whatever.
Licensee hereby assumes all liabilityJar injuriesto its employees, or other persons working on
said pipe line caused by the operation of trains and will hold harmless licensor and other.railway com-
panies operating over or using its tracks, from and against all damages or claims arising or growing
out of any injuries, so caused, to such employees or persons.
4-.' RijrhU 'lidrein"jirr"ted 'are- 'personal and not assignable without Licensor's written consent;and
-:h b4idi upon suecessorsaiqd-assjgnffof`both parties.
�0411 lie:.
5. Upon termina#on hereof, Lice.nAw. -AW im", J tOy remove said pipe line
of Licensor, iChd'U']p)n- 'fahu: re so to'do*Licensor may' remove sand'pipe at LicensWa cost, Which cost
Licensee agrees topay.:...._:
6. Licensee agrees to Pay for use of Licensor's rig and ihe privilege hereby granted,the
sum Of Ten DmUarg (010.00) Wm w*=tLen of thU a--I Aut.
7. If-the-right to Jay more than one pipe line be gmnted_ii!:paragraph I hereof,all provisions here-
in-shaft vpply to.*ia&of,swAVij*firAs--with equal force.0 though. specifieally�enumerate&
8. This agreement shall continue in force for one (1) yeaA and thereafter until terminated by
either-party-toAhe:oth6r.provided,-lAcensor may,if it deems it
RX�. 7�t%;t .t hX..,gbn&.t Liganspe ten..:(I a vritten.,potice of it&intention
tote _ -Ma
-caused tliii:ag..keeradnit'to be executed in I"'have a4s
-tlie"day and j6hr flMV0 i-bov Or wr A" md ,.
TUB KUM An_SOMW
,Appm
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T * 3 * X * A * 8
REGULAR MEETING OF THE CITY COUNCIL
COUNCIL CHAMBERS JUNE 26,2012 1:30 P.M.
AGENDA
CALL TO ORDER
* Invocation Pledge Roll Call
* Presentations and Recognition
* Public Comment: Persons may speak on scheduled agenda items 7-13/Consent
Agenda
* Consent Agenda
GENERAL BUSINESS
1. Consider an ordinance approving a request for a zone change from RS
(Residential Single Family Dwelling)District to RM-M(Residential Multiple
Family Dwelling-Medium Density)District or more restrictive district on property
located north of Sienna Trails Subdivision
2. Consider an ordinance approving a request for a zone change from RM-H
(Residential Multiple Family Dwelling-Highest Density)District to GC-MD
(General Commercial-Multiple Family Dwelling)District or more restrictive
district at 2020 East Lucas
3. Consider an ordinance approving amendments to the Zoning Ordinance, Sec.
28.03.020(f)(3)(B), Sec. 28.03.020(f)(3)(D), Sec. 28.03.020(f)(4)(A), Sec.
8.03.020(f)(4)(C), Sec. 28.03.021 (f)(4)(B), Sec. 28.03.021 (f)(5)(A), Sec.
28.03.021 (f)(5)(B), Sec. 28.03.021 (f)(5)(C), Sec. 28.03.024 (b)(1)and Sec.
28.04.008 (b)(3)
4. Consider an ordinance approving a request for a specific use permit to allow an
employment agency in an NC (Neighborhood Commercial)District at 3390
Harrison Avenue
5. Consider an ordinance approving a request for a specific use permit to allow the
filling of oxygen tanks in an LI(Light Industrial)District at 2155 Interstate 10
East
6. Consider an ordinance approving a request for an HC-L(Historic Cultural-
Landmark Preservation)Designation for the house at 470 Jackson
7. Consider an ordinance approving the abandonment of a 3'wide portion of an
easement at 6835 Lexington
8. Consider an ordinance approving the abandonment of a 1.8'x 55.4'portion of a
20'wide utility easement at 7310 Highway 105
9. Consider an ordinance amending Section 20.03.003 of the Code of Ordinances
changing the speed limit on a section of Delaware Street
10. Consider a resolution approving the transfer of$900,000 from the Fund Balance
in the General Fund to the Municipal Transit Fund
11. Consider a resolution approving a contract for the East Lucas Sidewalks Project
(US 69 to Railroad Tracks)
12. Consider a resolution approving a contract for maintenance and repair services for
use by the Building Services Division
13. Consider a resolution authorizing Dalcor Pine Club, LTD to submit an application
to the Texas Department of Housing and Community Affairs(TDHCA) for the
Pine Club Apartments at 5015 Pine Street, a Low Income Housing Tax Credit
(LIHTC)project and offering support for the project
COMMENTS
* Councilmembers/City Manager comment on various matters
* Public Comment(Persons are limited to 3 minutes)
Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or
services are requested to contact Mitchell Normand at 880-3777 three days prior to the meeting.
1
June 26,2012
Consider an ordinance approving a request for a zone change from RS (Residential Single
Family Dwelling)District to RM-M(Residential Multiple Family Dwelling-Medium Density)
District or more restrictive district on property located north of Sienna Trails Subdivision
RICH WITH OPPORTUNITY
BEAUM01N'*T - E z • A S City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
C>iS
PREPARED BY: Chris Boone, Community Development Director
MEETING DATE: June 26, 2012
REQUESTED ACTION: Council consider an ordinance approving a request for a
zone change from RS (Residential Single Family Dwelling)
District to RM-M(Residential Multiple Family Dwelling-
Medium Density)District or-more restrictive district on
property located north of Sienna Trails Subdivision.
BACKGROUND
Daniel Dotson,representing Muse Limited, Inc.,has applied for a zone change.
In November, 2006, a master plan was submitted for the entire property. That plan called for
approximately 38 acres for single family development, approximately 12 acres for apartments
and approximately 12 acres for patio homes and elderly housing. In March, 2007 and again in
January,2010, City Council approved several zone changes to allow for a variety of housing
types. In 2010,there was a concern over what an increase in density might have on traffic flow
on Concord. However,work on this section of Concord should begin before the end of 2012.
The City of Beaumont Transportation Division does not feel that this rezoning to RM-M for the
remainder of the property will adversely affect Concord.
At a Joint Public Hearing held June 18,2012,the Planning Commission recommended approval
7:0 of a zone change from RS (Residential Single Family Dwelling) District to RM-M
(Residential Multiple Family Dwelling-Medium Density)District on property located north of
Sienna Trails Subdivision.
FUNDING SOURCE
Not applicable.
RECOMMENDATION
Approval of ordinance.
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FOR RE-ZONING
OUT OF THE / I
THOMAS SPEAR SURVEY, A-50
JEFFERSON COUNTY. TEXAS
Flttz�Ship tan •°"°w"�
ORDINANCE NO.
ENTITLED AN ORDINANCE AMENDING CHAPTER 28 OF
THE CODE OF ORDINANCES OF BEAUMONT,TEXAS,AND
IN PARTICULAR THE BOUNDARIES OF THE ZONING
DISTRICTS, AS INDICATED UPON THE ZONING MAP OF
BEAUMONT, TEXAS, BY CHANGING THE ZONING OF
PROPERTY PRESENTLY ZONED RS (RESIDENTIAL
SINGLE FAMILY DWELLING) DISTRICT TO RM-M
(RESIDENTIAL MULTIPLE FAMILY DWELLING- MEDIUM
DENSITY) DISTRICT FOR PROPERTY LOCATED NORTH
OF SIENNA TRAILS SUBDIVISION, BEAUMONT,
JEFFERSON COUNTY, TEXAS; PROVIDING FOR
SEVERABILITY; PROVIDING FOR REPEAL AND
PROVIDING A PENALTY.
BE IT ORDAINED BY THE CITY COUNCIL
OF THE CITY OF BEAUMONT:
Section 1.
That Chapter 28 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 28.01.005(b)thereof, is hereby amended by changing the
zoning of property presently zoned RS(Residential Single Family Dwelling)District to RM-
M (Residential Multiple Family Dwelling - Medium Density) District for property located
north of Sienna Trails Subdivision, as described in Exhibit "A" and shown on Exhibit "B,"
and the official zoning map of the City of Beaumont is hereby amended to reflect such
changes.
Section 2.
That, in all other respects, the use of the property herein above described shall be
subject to all of the applicable regulations of the underlying zoning district as well as those
regulations contained in Chapter 28 of the Code of Ordinances of Beaumont, Texas, as
amended.
Section 3.
That if any section, subsection, sentence, clause of 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 1.01.009 of the Code of Ordinances of Beaumont,
Texas.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 26th day of
June, 2012.
- Mayor Becky Ames -
LEGAL DESCRIPTION FOR ORDINANCE PURPOSES
C0A00EAICING at a capped iron rod in the easterly right-of-way line of Haywood Drive for the
southwest comer of Lot 1, Block 4 of Woodland Estates, a plat recorded in Volume 11, Page 64
of the Map Records of Jefferson County, Texas for the northwest comer of the said 62.29 acre
tract;
THENCE South 400 54'37" East along the said west line of the 62.29 acre tract a distance of
426.49 feet to a 5/8" iron rod found for an angle point;
THENCE South 410 02'19" East continuing along the said west line of the 62.29 acre tract a
distance of 386.66 feet to a '/" iron rod found for the northwest comer of the said 16.29 acre
tract and the POINT OF BEGINNING;
THENCE North 41 019'01" East along the northeasterly line of the said 16.29 acre tract a
distance of 276.38 feet to a point for the PC of a curve;
THENCE continuing along the north line of the 16.29 acre tract with a curve to the right having a
chord bearing of North 65 013'18" East, a chord distance of 243.13 feet and a radius of 300.00
feet, a distance along the curve of 250.33 feet to a point for the PT of the curve;
THENCE North 89°07'35" East continuing along the said north line of the 16.29 acre tract a
distance of 930.63 feet to a point for the PC of a curve;
THENCE continuing along the said north line of the 16.29 acre tract with a curve to the right
having a chord bearing of South 71007'36" East, a chord distance of 94.56 feet and a radius of
50.00 feet, a distance along the curve of 123.94 feet to a point for the PT of the curve;
THENCE North 89°37'26" East continuing along the said north line of the said 16.29 acre tract a
distance of 90.04 feet to a point for the northeast corner of the said 16.29 acre tract;
THENCE South 00 008'24"West along an interior line of the said 16.29 acre tract a distance of
140.26 feet to an interior corner of the said 16.29 acre tract;
THENCE North 89 040'57" East along an interior line of the said 16.29 acre tract a distance of
290.72 feet to a point for an exterior corner of the said 16.29 acre tract;
THENCE South 00°27'13"West along the east line of the said 16.29 acre tract a distance of
238.71 feet for a '/" iron rod found for an angle point;
THENCE South 00 007'20"West continuing along the said east line of the 16.29 acre tract a
distance of 61.59 feet to a capped iron rod found for the northeast comer of the Lot 2, Block 1 of
Sienna Trails Subdivision, a plat recorded in Clerks File No. 2008035976 of the Official Public
Records of Jefferson County, Texas and the southeast corner of the said 16.29 acre tract;
THENCE North 89 054'30"West along the north line of said Lot 2 and a south line of the said
16.29 acre tract a distance of 103.92 feet to an angle point;
EXHIBIT'"A"
THENCE North 00°05'59" East along an interior line of the said 16.29 acre tract a distance of
61.72 feet to an angle point;
THENCE South 89 033'00"West along an interior line of the said 16.29 acre tract a distance of
85.07 feet to an angle point;
THENCE North 00 005'59" East along an interior line of the said 16.29 acre tract a distance of
159.14 feet to an angle point;
THENCE South 89 028'00"West along an interior line of the said 16.29 acre tract a distance of
438.20 feet to an angle point;
THENCE South 70°30'39"West along an interior line of the said 16.29 acre tract a distance of
49.22 feet to an angle point;
THENCE South 19 020'23" East along an interior line of the said 16.29 acre tract a distance of
123.64 feet to the PC of a curve;
THENCE continuing along an interior line of the said 16.29 acre tract with a curve to the right
having a chord bearing of South 16 004'11" East, a chord distance of 85.56 feet and a radius of
750.00 feet, a distance along the curve of 85.61 feet to a point in the said north line of Lot 2,
Block 1 for an angle point;
THENCE North 89 054'30"West along the said north line of Lot 2 and a south line of the said
16.29 acre tract a distance of 87.76 feet to a capped iron rod found in the east right-of-way line
of Sienna Trails for the northwest comer of said Lot 2 and an angle point of the said 16.29 acre
tract;
THENCE North 70 014'15"West continuing along the said south line of the 16.29 acre tract a
distance of 60.00 feet to a capped iron rod found in the west right-of-way line of Sienna Trails
for an angle point
THENCE South 19 045'45"West along the said west right-of-way line of Sienna Trails and an
interior line of the said 16.29 acre tract a distance of 42.31 feet to a capped iron rod found for
the northeast corner of Lot 1, Block 3 of said Sienna Trails Subdivision and an angle point of the
said 16.29 acre tract;
THENCE North 70 014'15"West along a northerly line of said Lot 1 and a southerly line of the
said 16.29 acre tract a distance of 239.93 feet to capped iron rod found for an angle point;
THENCE South 49 007'36"West along a northwesterly line of said Lot 1 and a southeasterly line
of the said 16.29 acre tract a distance of 559.26 feet to a capped iron rod found in the westerly
line of the said 62.29 acre tract for the west corner of said Lot 1 and the southwest comer of the
said 16.29 acre tract;
THENCE North 40°35'54"West along the said westerly line of the 62.29 and 16.29 acre tracts a
distance of 40.59 feet to a 5/8" iron rod found for an angle point;
THENCE North 40 04222"West continuing along the said westerly line of the 62.29 and 16.29
acre tracts a distance of 490.64 feet to a 5/8" iron rod found for an angle point;
THENCE North 40 044'55"West continuing along the said westerly line of the 62.29 and 16.29
acre tracts a distance of 60.43 feet to the POINT OF BEGINNING and containing 16.29 acres of
land, more or less.
0"M M
M istrict to OResidential 111ultiple JP'afi—ufy—J,—wFj!—n-g:Jfe—=17 M- 7TJTu7Rr"71
:r4tstrictive district
r,.jocation: North of Sienna Trails Subdivision
I Applicant: Fittz&Shipman, Inc. 0 200 400
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June 26,2012
Consider an ordinance approving a request for a zone change from RM-H(Residential Multiple
Family Dwelling-Highest Density)District to GC-MD(General Commercial-Multiple Family
Dwelling)District or more restrictive district at 2020 East Lucas
RICH WITH OPPORTUNITY
BEAU-MO,N*
T • E • A • A s City Council A►.genda Item
TO: City Council _
FROM: Kyle Hayes, City Manager
(_)o
PREPARED BY: Chris Boone, Community Development Director
MEETING DATE: June 26, 2012
REQUESTED ACTION: Council consider an ordinance approving a request for a
zone change from RM-H(Residential Multiple Family
Dwelling-Highest Density)District to GC-MD (General
Commercial-Multiple Family Dwelling) District or more
restrictive district at 2020 East Lucas.
BACKGROUND
June Thibodeaux has applied for a zone change.
June Thibodeaux has applied for a zone change for 0.39 acres of land behind her existing tax
preparation office. The property is located at 2020 E. Lucas. Ms. Thibodeaux states that she
would like to move a building onto the subject property to use for additional office space and
storage. The south 135'of Ms. Thibodeaux's property is zoned GC-MD. To use the north 135'
of her property for her business, a zone change is required.
Since January, 2006, of the two zone changes to commercial along the north side of E. Lucas
Drive,both have been to GC-MD-2. What makes those zone change requests different from this
one is that they both were adjacent to developed single family residential areas. Ms.
Thibodeaux's property backs up to a creek and a large,wooded,undeveloped area zoned RM-H.
This area is unlikely to develop for many years to come, if ever. Therefore,the Planning
Manager does not think that rezoning the rear of Ms. Thibodeaux's to GC-MD will be
detrimental to any surrounding properties.
To be able to move the accessory building onto the property,the building must have a State seal,
be made ADA accessible,have an ADA restroom and must meet the wind load requirements (tie-
downs). As an accessory building,it will not be required to be placed on a permanent
foundation.
At a Joint Public Hearing held June 18,2012,the Planning Commission recommended approval
7:0 of a zone change from RM-H(Residential Multiple Family Dwelling-Highest Density)
District to GC-MD (General Commercial-Multiple Family Dwelling) District at 2020 East Lucas.
FUNDING SOURCE
Not applicable.
RECOMMENDATION
Approval of ordinance.
ORDINANCE NO.
ENTITLED AN ORDINANCE AMENDING CHAPTER 28 OF
THE CODE OF ORDINANCES OF BEAUMONT,TEXAS,AND
IN PARTICULAR THE BOUNDARIES OF THE ZONING
DISTRICTS, AS INDICATED UPON THE ZONING MAP OF
BEAUMONT, TEXAS, BY CHANGING THE ZONING OF
PROPERTY PRESENTLY ZONED RM-M (RESIDENTIAL
MULTIPLE FAMILY DWELLING - HIGHEST DENSITY)
DISTRICT TO GC-MD (GENERAL COMMERCIAL -
MULTIPLE FAMILY DWELLING)DISTRICT FOR PROPERTY
LOCATED AT 2020 EAST LUCAS, BEAUMONT,
JEFFERSON COUNTY, TEXAS; PROVIDING FOR
SEVERABILITY; PROVIDING FOR REPEAL AND
PROVIDING A PENALTY.
BE IT ORDAINED BY THE CITY COUNCIL
OF THE CITY OF BEAUMONT:
Section 1.
That Chapter 28 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 28.01.005(b)thereof,is hereby amended by changing the
zoning of property presently zoned RM-H (Residential Multiple Family Dwelling - Highest
Density) District to GC-MD (General Commercial - Multiple Family Dwelling) District for
property located at 2020 East Lucas, City of Beaumont, Jefferson County, Texas, being
Lots 3-6, Block C, Southerland Addition, City of Beaumont, Jefferson County, Texas,
containing 0.39 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 28 of the Code of Ordinances of Beaumont, Texas, as
amended.
Section 3.
That if any section, subsection, sentence, clause of 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 1.01.009 of the Code of Ordinances of Beaumont,
Texas.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 26th day of
June, 2012.
- Mayor Becky Ames -
- : Request for a zone change from RM-H(Residential Multiple Family Dwelling- N
Highest Density)District to GC-MD (General Commercial-Multiple Family Dwelling)
District or more restrictive district.
cation: 2020 East Lucas
Applicant: June Thibodeaux o 100 2,°Feet
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EXHIBIT "A"
3
June 26,2012
Consider an ordinance approving amendments to the Zoning Ordinance, Sec. 28.03.020
(f)(3)(B), Sec. 28.03.020 (f)(3)(D), Sec. 28.03.020 (f)(4)(A), Sec. 8.03.020 (f)(4)(C), Sec.
28.03.021 (f)(4)(B), Sec. 28.03.021 (f)(5)(A), Sec. 28.03.021 (f)(5)(B), Sec. 28.03.021 (f)(5)(C),
Sec. 28.03.024(b)(1) and Sec. 28.04.008 (b)(3)
RICH WITS OPPORTUNITY
BEAU"ND-N*
T . E . X 0 A 0 S City C oundl A enda Item
TO: City Council
FROM: Kyle Hayes, City Manager
CSr>
PREPARED BY: Chris Boone, Community Development Director
MEETING DATE: June 26, 2012
REQUESTED ACTION: Council consider an ordinance approving amendments to
the Zoning Ordinance, Sec. 28.03.020 (f)(3)(B), Sec.
28.03.020 (f)(3)(D), Sec. 28.03.020(f)(4)(A), Sec. 8.03.020
(f)(4)(C), Sec. 28.03.021 (f)(4)(B),Sec. 28.03.021
(f)(5)(A), Sec. 28.03.021 (f)(5)(B), Sec. 28.03.021
(f)(5)(C), Sec. 28.03.024 (b)(1) and Sec. 28.04.008 (b)(3).
BACKGROUND
Staff has been reviewing the Zoning Ordinances for corrections and additions that need to be
made to the Zoning Ordinance, Section 28. These changes include the following:
1. Sec. 28.03.020(f)(3)(B)
2. One(1)detached owner identification sign shall be permitted for a
multiple-family development,nonresidential, or institutional building for
each abutting street subject to the following conditions and restrictions:
1. The sign shall not exceed twenty(20) square feet in area.
2. The sign shall not exceed five(5) feet in height.
3. Except for electronic reader board signs,no sign shall be lighted
except by reflective floodlight type illumination. There shall not
be any flashing lights or any type of intermittent illumination,
except as allowed below:
1. Electronic reader board signs shall not be permitted, except
as an attachment to or a part of a detached owner
identification sign.
(b) The message copy may change no more than once every
forty-five(45)seconds.
(c) Message copy shall not include any flashing, flowing,
alternating or blinking lights or animation.
(d) . Electronic reader
board signs that are part of a detached owner identification
sign shall be allowed to have multiple colors.
(e) As measured at the property line,the maximum light
emanation from a sign shall not be no greater than 0.2
footcandles.
(f) Electronic reader board signs shall not be permitted in an
historic district.
(iv) All parts of the sign shall be located a minimum of twenty-five(25) feet
from the property line.
(v) The sign shall meet the wind load requirements of the building code.
(vi) The sign shall be placed in a landscaped setting of not less than one
hundred twenty(120) square feet.
2. Sec. 28.03.020(f)(3)(D)
(D) One(1) detached owner identification sign shall be permitted for each
commercial use with a specific use permit in the RCR,Residential
Conservation and Revitalization District, subject to the following
conditions and restrictions:
(i) The sign is included in the site plan approved in the specific use
permit.
(ii) The sign shall not exceed twenty-five(25) square feet in area.
(iii) The sign shall not exceed fifteen(15) feet in height.
(iv) The sign shall not have any flashing lights, intermittent
illumination nor revolve nor rotate in any manner, except as
allowed below:
a. Electronic reader board signs shall not be permitted, except
as an attachment to or a part of a detached identification
sign.
b. The message copy may change no more than once every
fit,a(5)minatcs forty-five (45)seconds.
C. Message copy shall not include any flashing, flowing,
alternating or blinking lights or animation.
d. . Electronic reader
board signs that are part of a detached identification sign
shall be allowed to have multiple colors.
e. As measured at the property line,the maximum light
emanation from a sign shall be no greater than 0.2
footcandles.
f. Electronic reader board signs shall not be permitted in a
historic district.
5. All parts of the sign shall be set back at least fiftem(15)feet from
any property line.
6. The sign shall meet the wind load requirements set forth in the
building code.
7. The sign shall be placed in a landscaped setting of not less than one
hundred twenty(120) square feet.
3. Sec. 28.03.020(f)(4)(A)
4. Sians in commercial and industrial-UC districts .
1. One(1) detached owner identification sign, and one(1) additional
detached sign for each thoroughfare more than one(1)that abuts
the property, shall be permitted in the NC,Neighborhood
Commercial District, and OP, Office Park District for each
commercial or office park establishment subject to the following
conditions and restrictions:
1. The sign shall not exceed twenty-five(25) square feet in
area.
2. The sign shall not exceed fifteen (15) feet in height.
3. No portion of the sign shall have flashing lights,
intermittent illumination,nor shall it revolve nor rotate in
any manner, except as allowed below:
1. Electronic reader board signs shall not be permitted,
except as an attachment to or a part of a detached
owner identification sign.
2. The message copy may change no more than once
every five(5)urinates forty-five(45)seconds.
3. Message copy shall not include any flashing,
flowing, alternating or blinking lights or animation.
4. . Electronic
reader board signs that are part of a detached
owner identification sign shall be allowed to have
multiple colors.
5. As measured at the property line,the maximum
light emanation from a sign shall be no greaterthan
0.2 footcandles.
(iv) The sign shall not be located in any required yard.
(v) The sign must meet the wind load requirements of the
building code.
(vi) The sign shall be placed in a landscaped setting of not less
than one hundred twenty(120) square feet.
4. Sec. 28.03.020(f)(4)(C)
3. One(1) detached owner identification sign, and one(1) additional
detached sign for each thoroughfare more than one(1)that abuts the
prpoerty, shall be permitted per establishment,located in the NSC,£SE
GC-MD, CM, LI and HI District subject to the following conditions and
restrictions:
1. The sign shall not be greater than twenty(20) feet in height. The
maximum height being measured from the point established by a
perpendicular line connecting the crown of the roadway
immediately abutting the property on which the sign is to be
installed with the sign's nearest vertical support to the property
line.
2. The sign shall not exceed sixty(60) square feet in area.
3. All parts of the sign shall be set back at least ten(10) feet from any
property line or street right-of-way. Where a structure existing at
the effective date of this section precludes locating a sign in
compliance with the setback regulations,the Board of Adjustment
shall be authorized to grant a variance to the setback requirement.
4. The sign shall be placed in a landscaped setting of not less than one
hundred-fifty (F50)one hundred twenty(120) square feet.
5. The sign not revolve or rotate in any manner nor shall it have
flashing lights or any type of intermittent illumination, except as
allowed below:
1. Electronic reader board signs shall not be permitted, except
as an attachment to or a part of a detached owner
identification sign.
2. The message copy may change no-more-than once every
terforty-five (45)seconds.
3. Message copy shall not include any flashing,flowing,
alternating or blinking lights or animation.
4. . Electronic
reader board signs that are part of a detached owner
identification sign shall be allowed to have multiple colors.
5. As measured at the property line,the maximum light
emanation from a sign shall be no greater than 0.2
footcandles.
5. Sec. 28.03.021(f)(4)(B)
(B) One(1)detached owner identification monument sign shall be permitted
for a multiple- family development,nonresidential or institutional building
for each abutting street, subject to the following conditions and
restrictions:
(i) The sign shall not exceed fifty(50) square feet in area.
(ii) The sign shall not exceed six (6) feet in height.
(iii) The sign shall not have any flashing lights, any type of intermittent
illumination or revolve in any manner, except as allowed below:
a. Electronic reader board signs shall not be permitted, except
as an attachment to or a part of a detached owner
identification sign.
b. The message copy may change no more than once every
five (5)minutes7fiorty-five (45)seconds.
C. Message copy shall not include any flashing, flowing,
alternating or blinking lights or animation.
d. Electronic
reader board signs that are part of a detached owner
identification sign shall be allowed to have multiple colors.
e. As measured at the property line,the maximum light
emanation from a sign shall be no greater than 0.2
footcandles.
f. Electronic reader board signs shall not be permitted in
historic district.
(iv) All parts of the sign may be located at the property line.
(v) The sign shall meet the wind load requirements of the building
code.
(vi) The sign shall be placed in a landscaped setting of not less than one
hundred twenty(120) square feet.
6. Sec. 28.03.021(f)(5)(A)
(5) Sisms in commercial and industrial-MD districts. Detached signs shall not
be permitted in Major/Dowlen/Gladys/Hwy. 105 Overlay commercial and
industrial districts except as specifically authorized in this section.
1. Single-tenant business establishment.
1. Developments with less than eighty thousand(80,000)
square feet in gross building area shall be permitted one(1)
detached owner identification monument sign per street
frontage that abuts the property. Developments with eighty
thousand(80,000) square feet of gross building area or
greater or developments with six hundred(600) feet or
more of street frontage shall be permitted two (2) detached
owner identification signs per street frontage that abuts the
property.
2. These signs shall be permitted subject to the following
conditions and restrictions:
1. The sign shall not be greater than six (6) feet in
height,the maximum height being measured from
twenty-four(24)inches above the curb height
adjacent to the property.
2. The sign shall not exceed seventy(70) square feet in
area with the sign facing not to exceed sixty(60)
square feet.
3. All parts of the sign may be located at the street
right-of-way and shall be located a minimum of ten
(10)feet from any other-property line.
4. The sign shall not revolve or rotate in any manner
nor shall it have flashing lights or any type of
intermittent illumination, except as allowed below:
1. Electronic reader board signs shall not be
permitted, except as an attachment to or a
part of a detached owner identification sign.
2. The message copy may change no more than
once every five(5)nrindes forty-five (45)
seconds.
3. Message copy shall not include any flashing,
flowing, alternating or blinking lights or
animation.
4. MessW copy sivd!be limited to one(1)
color. Electronic reader board sign that are
part of a detached owner identification sign
shall be allowed to have multiple colors.
5. As measured at the property line,the
maximum light emanation from a sign shall
be no greater than 0.2 footcandles.
5. The sign shall meet the wind load requirements of
the building code.
6. The sign shall be placed in a landscaped setting of
not less than one hundred twenty(120) square feet.
7. Sec. 28.03.021(f)(5)(B)
(B) Multi-tenant business develornnent.
(i) Developments with less than eighty(80,000) square feet in gross
building area shall be permitted one(1) detached owner
identification monument sign for each street frontage that abuts the
property. Developments with eighty thousand(80,000) square feet
of gross building area or greater or developments with six hundred
(600) feet or more of street frontage shall be permitted two (2)
detached owner identification signs per street frontage that abuts
the property.
(ii) These signs shall-be permitted subject to the following conditions
and restrictions:
(a) The sign shall not be greater than twenty(20) feet in height,
the maximum height being measured from twenty-four(24)
inches above the curb adjacent to the property.
(b) The sign shall not exceed two hundred forty(240) square
feet in area with the sign facing not to exceed two hundred
(200) square feet.
(c) All parts of the sign may be located at the street right-of-
way and must be located a minimum of ten(10) feet from
any other property line.
(d) The sign shall not revolve or rotate in any manner nor shall
it have flashing lights or any type of intermittent
illumination, except as allowed below:
1. Electronic reader board signs shall not be permitted,
except as an attachment to or a part of a detached
owner identification sign.
2. No more than sixty(60) square feet shall be
dedicated to electric changeable copy.
3. The message copy may change no more than once
every firoti (5)minates forty-five (45)seconds.
4. Message copy shall not include any flashing,
flowing, alternating or blinking lights or animation.
5. . Electronic
reader board signs that are part of a detached --
owner identification sign shall be allowed to have
multiple colors.
6. As measured at the property line,the maximum
light emanation from a sign shall be no greater than
0.2 footcandles.
(e) The sign shall meet the wind load requirements of the
building code.
(f) The sign shall be placed in a landscaped setting of not less
than one hundred twenty(120) square feet.
8. sec. 28.03.021(f)(5)(c)
3. Gasoline retailers owner identification/pricing board signs. One(1)
detached owner identification/pricing board sign for each street frontage
that abuts the property shall be permitted subject to the following
conditions and restrictions:
1. Dowlen Road.Hwy. 105 and Major Drive.
1. The sign shall not be greater than fifteen(15) feet in height,
the maximum height being measured from twenty-four(24)
inches above the curb height adjacent to the property.
2. The sign shall not exceed one hundred(100) square feet in
area with the sign facing not to exceed eighty-five(85)
square feet.
3. All parts of the sign may be located at the street right-of-
way and must be located a minimum of ten(10) feet from
any other property line.
4. The sign shall not revolve or rotate in any manner nor shall
it have flashing lights or any type of intermittent
illumination, except as allowed below:
1. Electronic reader board signs shall not be permitted,
except as an attachment to or a part of a detached
owner identification sign.
2. No more than sixty(60) square feet shall be
dedicated to electric changeable copy.
3. The message copy may change no more than once
every fivc-(5)min forty-five (45)seconds.
4. Message copy shall not include any flashing,
flowing, alternating or blinking lights or animation.
5. . Electronic
reader board signs that are part of a detached
owner identification sign shall be allowed to have
multiple colors.
6. As measured at the property line,the maximum
light emanation from a sign shall be no greater than
0.2 footcandles.
5. The sign shall meet the wind load requirements of the
building code.
6. The sign shall be placed in a landscaped setting of not less
than one hundred twenty(120) square feet.
2. All other streets in the MD Sign Overlay District.
1. The sign shall not be greater than six (6) feet in height,the
maximum height being measured from twenty-four(24)
inches above the curb height adjacent to the property.
2. The sign shall not exceed seventy(70) square feet in area
with the sign facing not to exceed sixty(60) square feet.
3. All parts of the sign may be located at the street right-of-
way and shall be located a minimum of ten(10) feet from
any other property line.
4. The sign shall not revolve or rotate in any manner nor shall
it have flashing lights or any type of intermittent
illumination, except as allowed below:
1. Electronic reader board signs shall not be permitted,
except as an attachment to or a part of a detached
owner identification sign.
2. The message copy may change no more than once
- every five(5)mimxtes forty five (45)seconds.
3. Message copy shall not include any flashing,
flowing, alternating or blinking lights or animation.
4. .
Electronic reader board signs that are part of a
detached owner identification sign shall be allowed
to have multiple colors.
5. As measured at the property line,the maximum
light emanation from a sign shall be no greater than
0.2 footcandles.
5. The sign shall meet the wind load requirements of the
building code.
6. The sign shall be placed in a landscaped setting of not less
than one hundred twenty(120) square feet.
9. Sec. 28.03.024(b)(1)
Adding an asterisk on the interior side yard building setback requirement in the
RCR-H District in the Area/Height Table. This asterisk refers to a 7.5 foot
minimum side yard shall be required for buildings with two or more stories. This
change will make the RCR-H Districts conform to the requirements for the RS,
RM-M, RM-H and RCR Districts.
AREA AND HEIGHT REGULATIONS
1. RESIDENTIAL DISTRICTS
Zoning Districts Lot Area Minimum Lot Width Lot Depth Yards,Minimum(feet) Height
(square feet) Minimum Minimum Maximum
(feet)5t (feet)5t (feet)3t 7t
Per Lot Per Front Rear Side
Dwelling St 13t t*14t
5t 6t Unit
Interior* Exterior(comer lot)
4t 11t
bacldng up backing up
to an
to an abutting
abutting side rear Yard
yard
A-R Agricultural- 43,560 43,560 200 200 25 25 25 25 25 35
Residential
RS Single-Family 5,000 5,000 50 100 25 25 5* 15 10 35
Dwelling
RM-M Medium 5,000 2,450 50 100 25 20 5* 15 10 35
Density Multiple-
Family Dwelling
RM-H Highest 5,000 1,500 50 100 25 25 5* 15 10 45
Density Multiple-
Family Dwelling
RCR Residential 5,000 1,500 50 100 25 25 5* 15 10 45
Conservation and
Revitalization
RCR-H 5,000 1,500 50 100 25 25 5* 15 10 45
*A 7.5-foot minimum yard shall be required for buildings with two or more stories.
t These numbers refer to exceptions enumerated in subsection 0.03.024(c).
10. Sec. 28.04.008(b)(3)
3. Swimming_pool . Exception for private recreation facilities under
subsection(8)below:
1. If located in any residential zoning district,the pool shall be
intended and used solely for the enjoyment of the occupants of the
principal use of the property on which it is located and their guests.
2. A pool may be located anywhere on a premises except in the
required front yard,provided that the pool and pump and-frltcr
installations shall not be located closer than five (5) feet to any
property line of the property on which located.
3. The swimming pool shall be enclosed by a wall or fence six(6)
feet in height with locking gates.
At a Joint Public Hearing held June 18,2012,the Planning Commission recommended approval
7:0 of amendments to the Zoning Ordinance, Sec. 28.03.020 (f)(3)(B), Sec. 28.03.020 (f)(3)(D),
Sec. 28.03.020 (f)(4)(A), Sec. 8.03.020 (f)(4)(C), Sec. 28.03.021 (f)(4)(B), Sec. 28.03.021
(f)(5)(A), Sec. 28.03.021 (f)(5)(B), Sec. 28.03.021 (f)(5)(C), Sec. 28.03.024 (b)(1)and Sec.
28.04.008-(b)(3).
FUNDING SOURCE
Not applicable.
RECOMMENDATION
Approval of ordinance.
ORDINANCE NO.
ENTITLED AN ORDINANCE AMENDING CHAPTER 28, SECTIONS
28.03.020(f)(3)(B),28.03.020(f)(3)(D),28.03.020(f)(4)(A),28.03.020(f)(4)(C),
28.03.021(f)(4)(B),28.03.021(f)(5)(A),28.03.021(f)(5)(B),28.03.021 (0(5)(C),
28.03.024(b)(1)and 28.04.008(b)(3)OF THE CODE OF ORDINANCES OF
BEAUMONT, TEXAS, TO MAKE CORRECTIONS AND ADDITIONS;
PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL; AND
PROVIDING A PENALTY.
BE IT ORDAINED BY THE CITY OF BEAUMONT:
Section 1.
THAT Chapter 28, Section 28.03.020(f)(3)(B), of the Code of Ordinances be and the same
is hereby amended to read as follows:
Sec. 28.03.020 UC, Urban Corridor Overlay District regulations
(B) One (1) detached owner identification sign shall be permitted for a
multiple-family development,nonresidential,or institutional building for each
abutting street subject to the following conditions and restrictions:
(i) The sign shall not exceed twenty (20) square feet in area.
(ii) The sign shall not exceed five (5) feet in height.
(iii) Except for electronic reader board signs, no sign shall be
lighted except by reflective floodlight type illumination. There shall not
be any flashing lights or any type of intermittent illumination, except
as allowed below:
(a) Electronic reader board signs shall not be permitted,
except as an attachment to or a part of a detached owner
identification sign.
(b) The message copy may change no more than once
every forty-five (45) seconds.
(c) Message copy shall not include any flashing, flowing,
alternating or blinking lights or animation.
(d) Electronic reader board signs that are part of a
detached owner identification sign shall be allowed to have
multiple colors.
(e) As measured at the property line, the maximum light
emanation from a sign shall not be no greater than 0.2
footcandles.
(f) Electronic reader board signs shall not be permitted in
an historic district.
(iv) All parts of the sign shall be located a minimum of twenty-five
(25) feet from the property line.
(v) The sign shall meet the wind load requirements of the building
code.
(vi) The sign shall be placed in a landscaped setting of not less
than one hundred twenty (120) square feet.
Section 2.
THAT Chapter 28, Section 28.03.020(f)(3)(D), of the Code of Ordinances be and the same
is hereby amended to read as follows:
Sec. 28.03.020 UC, Urban Corridor Overlay District regulations
(D) One(1)detached owner identification sign shall be permitted for each
commercial use with a specific use permit in the RCR, Residential
Conservation and Revitalization District, subject to the following conditions
and restrictions:
(i) The sign is included in the site plan approved in the specific
use permit.
(ii) The sign shall not exceed twenty-five (25) square feet in area.
(iii) The sign shall not exceed fifteen (15) feet in height.
(iv) The sign shall not have any flashing lights, intermittent
illumination nor revolve nor rotate in any manner, except as allowed
below:
a. Electronic reader board signs shall not be permitted,
except as an attachment to or a part of a detached
identification sign.
b. The message copy may change no more than once
every forty-five (45) seconds.
C. Message copy shall not include any flashing, flowing,
alternating or blinking lights or animation.
d. Electronic reader board signs that are part of a
detached identification sign shall be allowed to have multiple
colors.
e. As measured at the property line, the maximum light
emanation from a sign shall be no greater than 0.2
footcandles.
f. Electronic reader board signs shall not be permitted in
a historic district.
(v) All parts of the sign shall be set back at least fifteen (15) feet
from any property line.
(vi) The sign shall meet the wind load requirements set forth in the
building code.
(vii) The sign shall be placed in a landscaped setting of not less
than one hundred twenty (120) square feet.
Section 3.
THAT Chapter 28, Section 28.03.020(f)(4)(A), of the Code of Ordinances be and the same
is hereby amended to read as follows:
Sec. 28.03.020 UC, Urban Corridor Overlay District regulations
(4) Signs in commercial and industrial-UC districts.
(A) One (1) detached owner identification sign, and one (1)
additional detached sign for each thoroughfare more than one(1)that
abuts the property, shall be permitted in the NC, Neighborhood
Commercial District, and OP,Office Park District for each commercial
or office park establishment subject to the following conditions and
restrictions:
(i) The sign shall not exceed twenty-five (25) square feet
in area.
(ii) The sign shall not exceed fifteen (15) feet in height.
(iii) No portion of the sign shall have flashing lights,
intermittent illumination, nor shall it revolve nor rotate in any
manner, except as allowed below:
a. Electronic reader board signs shall not be
permitted, except as an attachment to or a part of a
detached owner identification sign.
b. The message copy may change no more than
once every forty-five (45) seconds.
C. Message copy shall not include any flashing,
flowing, alternating or blinking lights or animation.
d. Electronic reader board signs that are part of a
detached owner identification sign shall be allowed to
have multiple colors.
e. As measured at the property line, the maximum
light emanation from a sign shall be no greater than 0.2
footcandles.
(iv) The sign shall not be located in any required yard.
(v) The sign must meet the wind load requirements of the
building code.
(vi) The sign shall be placed in a landscaped setting of not
less than one hundred twenty (120) square feet.
Section 4.
THAT Chapter 28, Section 28.03.020(f)(4)(C),of the Code of Ordinances be and the same
is hereby amended to read as follows:
Sec. 28.03.020 UC, Urban Corridor Overlay District regulations
(4) Signs in commercial and industriaWC districts.
(C) One (1) detached owner Identificatlon sign, and one (1)
additional detached sign for each thoroughfare more than one(1)that
abuts the property, shall be permitted per establishment, located in
the NSC, GC-MD, CM, LI and Hl Districts subject to the following
conditions and restrictions:
(i) The sign shall not be greater than twenty (20) feet in
height. The maximum height being measured from the point
established by a perpendicular line connecting the crown of the
roadway immediately abutting the property on which the sign
is to be installed with the sign's nearest vertical support to the
property line.
(ii) The sign shall not exceed.sixty(60)square feet in area.
(iii) All parts of the sign shall be set back at least ten (10)
feet from any property line or street right-of-way. Where a
structure existing at the effective date of this section precludes
locating a sign in compliance with the setback regulations, the
Board of Adjustment shall be authorized to grant a variance to
the setback requirement.
(iv) The sign shall be placed in a landscaped setting of not
less than one hundred twenty (120) square feet.
(v) The sign not revolve or rotate in any manner nor shall
it have flashing lights or any type of intermittent illumination,
except as allowed below:
(a) Electronic reader board signs shall not be
permitted, except as an attachment to or a part of a
detached owner identification sign.
(b) The message copy may change no more than
once every forty-five (45) seconds.
(c) Message copy shall not include any flashing,
flowing, alternating or blinking lights or animation.
(d) Electronic reader board signs that are part of a
detached owner identification sign shall be allowed to
have multiple colors.
(e) As measured at the property line, the maximum
light emanation from a sign shall be no greater than 0.2
footcandles.
Section 5.
THAT Chapter 28, Section 28.03.021(f)(4)(B),of the Code of Ordinances be and the same
is hereby amended to read as follows:
Sec. 28.03.021 Major/Dowlen/Gladys/Hwy. 105 Sign Overlay District
regulations
(B) One (1) detached owner identification monument sign shall be
permitted for a multiple- family development, nonresidential or institutional
building for each abutting street, subject to the following conditions and
restrictions:
(i) The sign shall not exceed fifty (50) square feet in area.
(ii) The sign shall not exceed six (6) feet in height.
(iii) The sign shall not have any flashing lights, any type of
intermittent illumination or revolve in any manner, except as allowed
below:
(a) Electronic reader board signs shall not be permitted,
except as an attachment to or a part of a detached owner
identification sign.
(b) The message copy may change no more than once
every forty-five (45) seconds.
(c) Message copy shall not include any flashing, flowing,
alternating or blinking lights or animation.
(d) Electronic reader board signs that are part of a
detached owner identification sign shall be allowed to have
multiple colors.
(e) As measured at the property line, the maximum light
emanation from a sign shall be no greater than 0.2
footcandles.
(f) Electronic reader board signs shall not be permitted in
historic district.
(iv) All parts of the sign may be located at the property line.
(v) The sign shall meet the wind load requirements of the building
code.
(vi) The sign shall be placed in a landscaped setting of not less
than one hundred twenty (120) square feet.
Section 6.
THAT Chapter 28, Section 28.03.021(f)(5)(A),of the Code of Ordinances be and the same
is hereby amended to read as follows:
Sec. 28.03.021 Major/Dowlen/Gladys/Hwy. 105 Sign Overlay District
regulations
(A) Single-tenant business establishment.
(i) Developments with less than eighty thousand (80,000)square
feet in gross building area shall be permitted one(1)detached owner
identification monument sign per street frontage that abuts the
property. Developments with eighty thousand(80,000)square feet of
gross building area or greater or developments with six hundred(600)
feet or more of street frontage shall be permitted two (2) detached
owner identification signs per street frontage that abuts the property.
(ii) These signs shall be permitted subject to the following
conditions and restrictions:
a. The sign shall not be greater than six (6)feet in height,
the maximum height being measured from twenty-four (24)
inches above the curb height adjacent to the property.
b. The sign shall not exceed seventy (70) square feet in
area with the sign facing not to exceed sixty (60) square feet.
C. All parts of the sign may be located at the street right-of-
way and shall be located a minimum of ten (10)feet from any
other property line.
d. The sign shall not revolve or rotate in any manner nor
shall it have flashing lights or any type of intermittent
illumination, except as allowed below:
1. Electronic reader board signs shall not be
permitted, except as an attachment to or a part of a
detached owner identification sign.
2. The message copy may change no more than
once every forty-five (45) seconds.
3. Message copy shall not include any flashing,
flowing, alternating or blinking lights or animation.
4. Electronic reader board sign that are part of a
detached owner identification sign shall be allowed to
have multiple colors.
5. As measured at the property line, the maximum
light emanation from a sign shall be no greater than 0.2
footcandles.
e. The sign shall meet the wind load requirements of the
building code.
f. The sign shall be placed in a landscaped setting of not
less than one hundred twenty (120) square feet.
Section 7.
THAT Chapter 28, Section 28.03.021(f)(5)(B), of the Code of Ordinances be and the same
is hereby amended to read as follows:
Sec. 28.03.021 Major/Dowlen/Gladys/Hwy. 105 Sign Overlay District
regulations
(B) Multi-tenant business development.
(i) Developments with less than eighty (80,000) square feet in
gross building area shall be permitted one (1) detached owner
identification monument sign for each street frontage that abuts the
property. Developments with eighty thousand(80,000)square feet of
gross building area or greater or developments with six hundred(600)
feet or more of street frontage shall be permitted two (2) detached
owner identification signs per street frontage that abuts the property.
(ii) These signs shall be permitted subject to the following
conditions and restrictions:
a. The sign shall not be greater than twenty (20) feet in
height, the maximum height being measured from twenty-four
(24) inches above the curb adjacent to the property.
b. The sign shall not exceed two hundred forty (240)
square feet in area with the sign facing not to exceed two
hundred (200) square feet.
C. All parts of the sign may be located at the street right-of-
way and must be located a minimum of ten (10)feet from any
other property line.
d. The sign shall not revolve or rotate in any manner nor
shah it have flashing lights or any type of intermittent
illumination, except as allowed below:
1. Electronic reader board signs shall not be
permitted, except as an attachment to or a part of a
detached owner identification sign.
2. No more than sixty (60) square feet shall be
dedicated to electric changeable copy.
3. The message copy may change no more than
once every forty-five (45) seconds.
4. Message copy shall not include any flashing,
flowing, alternating or blinking lights or animation.
5. Electronic reader board signs that are part of a
detached owner identification sign shall be allowed to
have multiple colors.
6. As measured at the property line, the maximum
light emanation from a sign shall be no greater than 0.2
footcandles.
(e) The sign shall meet the wind load requirements of the
building code.
(f) The sign shall be placed in a landscaped setting of not
less than one hundred twenty (120) square feet.
Section 8.
THAT Chapter 28, Section 28.03.021(f)(5)(C), of the Code of Ordinances be and the same
is hereby amended to read as follows:
Sec. 28.03.021 Major/Dowlen/Gladys/Hwy. 105 Sign Overlay District
regulations
(5) Signs in commercial and industrial-MD districts. Detached signs shall
not be permitted in Major/Dowlen/Gladys/Hwy. 105 Overlay commercial and
industrial districts except as specifically authorized in this section.
(C) Gasoline retailers owner identification/priccina board sins. One
(1) detached owner identification/pricing board sign for each street
frontage that abuts the property shall be permitted subject to the
following conditions and restrictions:
(i) Dowlen Road, Hwy. 105 and Major Drive.
a. The sign shall not be greater than fifteen (15)
feet in height, the maximum height being measured
from twenty-four (24) inches above the curb height
adjacent to the property.
b. The sign shall not exceed one hundred (100)
square feet in area with the sign facing not to exceed
eighty-five (85) square feet.
C. All parts of the sign may be located at the street
right-of-way and must be located a minimum of ten (10)
feet from any other property line.
d. The sign shall not revolve or rotate in any
manner nor shall it have flashing lights or any type of
intermittent illumination, except as allowed below:
1. Electronic reader board signs shall not be
permitted, except as an attachment to or a part
of a detached owner identification sign.
2. No more than sixty (60) square feet shall
be dedicated to electric changeable copy.
3. The message copy may change no more
than once every forty-five (45) seconds.
4. Message copy shall not include any
flashing, flowing, alternating or blinking lights or
animation.
5. Electronic reader board signs that are part
of a detached owner identification sign shall be
allowed to have multiple colors.
6. As measured at the property line, the
maximum light emanation from a sign shall be
no greater than 0.2 footcandles.
e. The sign shall meet the wind load requirements
of the building code.
f. The sign shall be placed in a landscaped setting
of not less than one hundred twenty (120) square feet.
ii. All other streets in the MD Sign Overlay District.
a. The sign shall not be greater than six (6) feet in
height, the maximum height being measured from
twenty-four(24) inches above the curb height adjacent
to the property.
b. The sign shall not exceed seventy (70) square
feet in area with the sign facing not to exceed sixty(60)
square feet.
C. All parts of the sign may be located at the street
right-of-way and shall be located a minimum of ten (10)
feet from any other property line.
d. The sign shall not revolve or rotate in any
manner nor shall it have flashing lights or any type of
intermittent illumination, except as allowed below:
1. Electronic reader board signs shall not be
permitted, except as an attachment to or a part
of a detached owner identification sign.
2. The message copy may change no more
than once every forty-five (45) seconds.
3. Message copy shall not include any
flashing, flowing, alternating or blinking lights or
animation.
4. Electronic reader board signs that are part
of a detached owner identification sign shall be
allowed to have multiple colors.
5. As measured at the property line, the
maximum light emanation from a sign shall be
no greater than 0.2 footcandles.
e. The sign shall meet the wind load requirements
of the building code.
f. The sign shall be placed in a landscaped setting
of not less than one hundred twenty (120) square feet.
Section 9.
THAT Chapter 28, Section 28.03.024(b)1, Area and Height Regulations, Residential
Districts, of the Code of Ordinances be and the same is hereby amended by adding an
asterisk (*) on the interior side yard building setback requirement in the RCR-H District,
said asterisk denoting the requirement of a 7.5 foot minimum yard for buildings with two
or more stories, as shown in Exhibit "A" attached hereto.
Section 10.
THAT Chapter 28, Section 28.04.008(b)(3), of the Code of Ordinances be and the same
is hereby amended to read as follows:
Sec. 28.04.008 Special conditions
(b) Spgcial conditions by use
(3) Swimming pool . Exception for private recreation facilities
under subsection (8) below:
(A) If located in any residential zoning district,the pool shall
be intended and used solely for the enjoyment of the
occupants of the principal use of the property on which it is
located and their guests.
(B) A pool may be located anywhere on a premises except
in the required front yard, provided that the pool shall not be
located closer than five (5) feet to any property line of the
property on which located.
(C) The swimming pool shall be enclosed by a wall or fence
six (6) feet in height with locking gates.
Section 11.
That if any section, subsection, sentence, clause of 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 12.
That all ordinances or parts of ordinances in conflict herewith are repealed to the
extent of the conflict only.
Section 13.
That any person who violates any provision of this ordinance shall, upon conviction,
be punished, as provided in Section 1.01.009 of the Code of Ordinances of Beaumont,
Texas.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 26'day of June,
2012.
- Mayor Becky Ames -
AREA AND HEIGHT REGULATIONS
1. RESIDENTIAL DISTRICTS
Zoning Districts Lot Area Minimum Lot Width Lot Depth Yards,Minimum(feet) Height
(square feet) Minimum Minimum Maximum
(feet)St (feet)5t (feet)3t 7t
Per Lot Per Front Rear Side
Dwelling lit 13t t*14t
5t 6t Unit
Interior* Exterior(corner lot)
4t lit
backing up backing up
to an
to an abutting
abutting side rear yard
yard
A-R Agricultural- 43,560 43,560 200 200 25 25 25 25 25 35
Residential
RS Single-Family 5,000 5,000 50 100 25 25 5* 15 10 35
Dwelling
RM-M Medium 5,000 2,450 50 100 25 20 5* 15 10 35
Density Multiple-
Family Dwelling
RM-H Highest 5,000 1,500 50 100 25 25 5* 15 10 45
Density Multiple-
Family Dwelling
RCR Residential 5,000 1,500 50 100 25 25 5* 15 10 45
Conservation and
Revitalization
RCR-H 5,000 1,500 50 100 25 25 In 115 10 45
*A 7.5-foot minimum yard shall be required for buildings with two or more stories.
t These numbers refer to exceptions enumerated in subsection 28.03.024(c).
EXHIBIT "A"
4
June 26,2012
Consider an ordinance approving a request for a specific use permit to allow an employment
agency in an NC (Neighborhood Commercial)District at 3340 Harrison Avenue
RICH WITH OPPORTUNITY
BEA1U"M'0`-`N*
z • E • x A s City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
C5
PREPARED BY: Chris Boone, Community Development Director
MEETING DATE: June 26, 2012
REQUESTED ACTION: Council consider an ordinance approving a request for a
specific use permit to allow an employment agency in an
NC (Neighborhood Commercial)District at 3390 Harrison
Avenue.
BACKGROUND
Grant Fowler,representing LC Personnel, Inc.,has applied for a specific use permit.
Mr. Fowler states that the full-service temporary staffing company provides employees with a
wide variety of skills to their client companies. At any given time,LC Personnel temporary
employees are working on plant maintenance and shutdowns,manufacturing,hospitality,
officelclerical, construction and many other industries.
The Beaumont branch office will be located in an existing building and will be operated by two
full-time employees, a Branch Manager and an Office Manager. They will be responsible for
sales and marketing,recruiting, screening,hiring and dispatching employees,payroll, collections
and other administrative activities.
At a Joint Public Hearing held June 18,2012,the Planning Commission recommended approval
7:0 of a specific use permit to allow an employment agency in an NC (Neighborhood
Commercial)District at 3390 Harrison Avenue.
FUNDING SOURCE
Not applicable.
RECOMMENDATION
Approval of ordinance.
ORDINANCE NO.
ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE
PERMIT TO ALLOW AN EMPLOYMENT AGENCY IN AN NC
(NEIGHBORHOOD COMMERCIAL) DISTRICT AT 3390
HARRISON AVENUE IN THE CITY OF BEAUMONT,
JEFFERSON COUNTY, TEXAS.
WHEREAS, LC Personnel, Inc., has applied for a speck use permit to allow an
employment agency in an NC (Neighborhood Commercial) District at 3390 Harrison
Avenue, being Tract 235 out of Tract 225, Plat D-16,A.Williams Survey, City of Beaumont,
Jefferson County, Texas, containing 0.52 acres, more or less, as shown on Exhibit °A"
attached hereto; and,
WHEREAS, the Planning and Zoning Commission of the City of Beaumont
considered the request for a speck use permit to allow an employment agency in an NC
(Neighborhood Commercial) District at 3390 Harrison Avenue; and,
WHEREAS,the City Council is of the opinion that the issuance of such speck use
permit is in the best interest of the City of Beaumont and its citizens;
NOW, THEREFORE, BE IT ORDAINED
BY THE CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the statements and findings set out in the preamble to this resolution are
hereby, in all things, approved and adopted; and,
Section 1.
That a specific use permit to allow an employment agency in an NC (Neighborhood
Commercial)District at 3390 Harrison Avenue, being Tract 235 out of Tract 225, Plat'D-16,
A. Williams Survey, City of Beaumont, Jefferson County, Texas, containing 0.52 acres,
more or less, as shown on Exhibit"A"attached hereto, is hereby granted to LC Personnel,
Inc., its legal representatives, successors and assigns, as shown on Exhibit"B,"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,"
attached hereto 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 28 of the Code of Ordinances of Beaumont, Texas, as amended, as well as
comply with any and all federal, state and local statutes, regulations or ordinances which
may apply.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 26th day of
June, 2012.
- Mayor Becky Ames -
- : Request for a specific use permit to allow an employment agency in an NC N
(Neighborhood Commercial) District.
Location: 3390 Harrison Avenue
Applicant: LC Personnel, Inc.
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June 26,2012
Consider an ordinance approving a request for a specific use permit to allow the filling of oxygen
tanks in an LI (Light Industrial)District at 2155 Interstate 10 East
RICH WITH OPPORTUNITY
T • E
BEA ,MON' *
• A s City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Chris Boone, Community Development Director
MEETING DATE: June 26,2012
REQUESTED ACTION: Council consider an ordinance approving a request for a
specific use permit to allow the filling of oxygen tanks in
an LI (Light Industrial) District at 2155 Interstate 10 East.
BACKGROUND
J. C. Mazoch,representing Coastal Welding Supply,has applied for a specific use permit.
Mr. Mazoch states that Coastal Welding Supply's Phase I activities include relocating its
administrative offices as well as some of its welding supply inventory consisting of welding
electrodes and wire and miscellaneous industrial supply items. In addition, the company will be
relocating and expanding their inert cylinder gas filling to the new location. Phase H will include
the filling of oxygen tanks at the IH-10 facility.
At a Joint Public Hearing held June 18, 2012,the Planning Commission recommended approval
7:0 of a specific use permit to allow the filling of oxygen tanks in an LI(Light Industrial)District
at 2155 Interstate 10 East.
FUNDING SOURCE
Not applicable.
RECOMMENDATION
Approval of ordinance.
ORDINANCE NO.
ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO
ALLOW THE FILLING OF OXYGEN TANKS IN AN LI(LIGHT INDUSTRIAL)
DISTRICT AT 2155 INTERSTATE 10 EAST IN THE CITY OF BEAUMONT,
JEFFERSON COUNTY, TEXAS.
WHEREAS, Coastal Welding Supply has applied for a specific use permit to allow
the filling of oxygen tanks in an Ll (Light Industrial)District at 2155 Interstate 10 East, being
Tracts 196 and 199, Plat D-12, A. Williams Survey, City of Beaumont, Jefferson County,
Texas, containing 3.04 acres, more or less, as shown on Exhibit"A"attached hereto; and,
WHEREAS, the Planning and Zoning Commission of the City of Beaumont
considered the request for a specific use permit to allow the filling of oxygen tanks in an
LI (Light Industrial) District at 2155 Interstate 10 East; and,
WHEREAS,the City Council is of the opinion that the issuance of such specific use
permit is in the best interest of the City of Beaumont and its citizens;
NOW, THEREFORE, BE IT ORDAINED
BY THE CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the statements and findings set out in the preamble to this resolution are
hereby, in all things, approved and adopted; and,
Section 1.
That a specific use permit to allow the filling of oxygen tanks in an LI (Light
Industrial) District at 2155 Interstate 10 East, being Tracts 196 and 199, Plat D-12, A.
Williams Survey, City of Beaumont, Jefferson County,Texas, containing 3.04 acres, more
or less, as shown on Exhibit "A" attached hereto, is hereby granted to Coastal Welding
Supply, its legal representatives, successors and assigns, as shown on Exhibit "B,"
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,"
attached hereto 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 28 of the Code of Ordinances of Beaumont, Texas, as amended, as well as
comply with any and all federal, state and local statutes, regulations or ordinances which
may apply.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 28th day of
June, 2012.
- Mayor Becky Ames -
- : Request for a specific use permit to allow filling of oxygen tanks in an LI N
fight Industrial)District.
Location: 2155 Interstate 10 East
pphcant: Coastal Welding Supply,Inc.
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6
June 26,2012
Consider an ordinance approving a request for an HC-L (Historic Cultural-Landmark
Preservation)Designation for the house at 470 Jackson
II
RICH WITH OPPORTUNITY
BEA,,UM,,ON*
T . R • A 0 A . S City Coun t Agenda Item
TO: City Council -
FROM: Kyle Hayes, City Manager
PREPARED BY: Chris Boone, Community Development Director
MEETING DATE: June 26, 2012
REQUESTED ACTION: Council consider an ordinance approving a request for an
HC-L ffistoric Cultural-Landmark Preservation)
Designation for the house at 470 Jackson.
BACKGROUND
Demet is Standberry,the daughter of the owner of the property, has applied for an HC-L
(Historic Cuhural-Lmdmark)Designation. Ms. Standberry states that the house was built more
than 100 years ago. In 1878,the properly was sold to the Beaumont Lumber Company. As early
as 1900, J.D. Kilgore used the house as his family residence and a grocery store. In 1915, Mr.
Kilgore purchased the properly. As the community prospered, so did the grocery store.
Eventually the store was relocated to Irving Street where it continued to serve the community.
After several changes in ownership, the property was sold in 1966 to Ms. Standberry's
grandparents,Mr. and Mrs. H. Standberry. The house served as both the Standberry's residence
and Mr. Sty's shoe repair shop. Eventually the shoe repair shop was moved next door.
Mrs. Standberry also ran a small seamstress business from the house.
Mr. Standberry passed his trade on to the next generation. Currently,the second generation owns
and operates a shoe repair shop and barber shop located on Washington.
While the house was damaged by Hurricane Rita, it has not had any significant changes to its
design since it was originally built. The house is an excellent example of working class housing
built during the early growth period of Beaumont.
On June 11,2012,the Historic Landmark Commission recommended approval 9:0 of the HC-L
Designation.
At a Joint Public Hearing held June 18, 2012,the Planning Commission recommended approval
7:0 of an HC-L(Historic Cultural-Landmark Preservation)Designation for the house at 470
Jackson subject to the following condition:
1. If the house is ever demolished,the HC-L Designation will be removed by the
City of Beaumont.
FUNDING SOURCE
Not applicable.
RECOMMENDATION
Approval of ordinance subject to the following condition:
1. If the house is ever demolished,the HC-L Designation will be removed by the
City of Beaumont.
I
ORDINANCE NO.
ENTITLED AN ORDINANCE AMENDING CHAPTER 28 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 ESTABLISHING AN HC-L
(HISTORICAL-CULTURAL LANDMARK PRESERVATION)DESIGNATION
FOR THE HOUSE LOCATED AT 470 JACKSON, 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 28 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 28.01.005(b)thereof, is hereby amended by establishing
an HC-L (Historical-Cultural Landmark Preservation) Designation for property located at
470 Jackson, Ding Plat J, Tract 5, D. Brown Survey, City of Beaumont, Jefferson County,
Texas, containing 0.16 acres, more or less, 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, subject to the following condition:
• If the house is ever demolished,the HC-L designation will be removed
by the City of Beaumont.
Section 2.
That, in all other respects, the use of the property herein above described shall be
subject to all of the applicable regulations contained in Chapter 28 of the Code of
Ordinances of Beaumont, Texas, as amended.
it
Section 3.
That if any section, subsection, sentence, clause of 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 1.01.009 of the Code of Ordinances of Beaumont,
Texas.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 26th day of
June, 2012.
- Mayor Becky Ames -
Fi1e55-H Request for an HC-L(Historic-Cultural Landmark Preservation)Designation. N
Location: 470 Jackson
Applicant: Demetria Standberry
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1. If the house is ever demolished,the HC-L Designation will be removed by the City of
Beaumont. EXHIBIT "A"
7
June 26,2012
Consider an ordinance approving the abandonment of a Y wide portion of an easement at 6835
Lexington
RICH WITH OPPORTUNITY
I N
0,EAU9,0 ' *
T E o g A S City Council A ends. Item
TO: City Council
FROM: Kyle Hayes, City Manager
GS13
PREPARED BY: Chris Boone, Community Development Director
MEETING DATE: June 26, 2012
REQUESTED ACTION: Council consider an ordinance approving the abandonment
of a T wide portion of an easement at 6835 Lexington.
BACKGROUND
Richard Riggs has applied-for-the abandonment. The abandonment-is-for the north T of-a 20'
wide utility easement across the south end of the subject property.
Mr. Riggs states that the purpose of the abandonment is to allow the construction of an addition
onto the rear of his house.
This item was sent to all interested parties. No negative responses have been received.
At a Regular Meeting held June 18, 2012,the Planning Commission recommended approval 7:0
of the abandonment.
FUNDING SOURCE
Not applicable.
RECOMMENDATION
Approval of ordinance.
ORDINANCE NO.
ENTITLED AN ORDINANCE VACATING AND ABANDONING A T WIDE
PORTION OF AN EASEMENT LOCATED AT 6835 LEXINGTON,
BEAUMONT, JEFFERSON COUNTY, TEXAS.
WHEREAS, Richard Riggs has applied for the abandonment of a T wide portion of
an easement located at 6835 Lexington,City of Beaumont,Jefferson County,Texas,being
the northerly 3'x 45' section of a 20'wide utility easement running along the south end of
Lot 17, Bramblewood Addition, City of Beaumont, Jefferson County, Texas, containing
0.003 acres, more or less, as shown, on Exhibit "A" attached hereto; and,
WHEREAS,the City Council has considered the purpose of said abandonment and
is of the opinion that the easement is no longer necessary for municipal utility purposes
and the abandonment of said easement is in the best interest of the City and should be
granted;
NOW, THEREFORE, BE IT ORDAINED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the statements.and findings set out in the preamble to this resolution are hereby, in
all things, approved and adopted; and,
THAT a 3' wide portion of an easement located at 6835 Lexington, being the
northerly 3' x 45' section of a 20'wide utility easement running along the south end of Lot
17, Bramblewood Addition, City of Beaumont, Jefferson County, Texas, containing 0.003
acres, more or less, as shown on Exhibit"A" attached hereto, be and the same is hereby
vacated and abandoned and that title to such property shall revert to and become the
property of the persons entitled thereto by law.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 26th day of
June, 2012.
- Mayor Becky Ames -
File : Request to abandon a 3' wide portion of an easement. N
Location: 6835 Lexington
pplicant: Richard Riggs
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8
June 26,2012
Consider an ordinance approving the abandonment of a 1.8'x 55.4'portion of a 20'wide utility
easement at 7310 Highway 105
RICH WITH OPPORTUNITY
-N,u N
BEAU
T - E • X o A o S City Council A ender Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Chris Boone, Community Development Director
MEETING DATE: June 26, 2012
REQUESTED ACTION: Council consider an ordinance approving the abandonment
of a 1.8'x 55.4'portion of a 20'wide utility easement at
7310 Highway 105.
BACKGROUND
Linh Berryhill has applied for the abandonment. In May, 2008, Ms. Berryhill requested the
abandonment of a 1.8'x 55.4'portion of a 20'wide utility easement adjacent to Highway 105.
The Berryhills constructed a martial arts studio on the subject property. Prior to construction of
the 55'x 90'metal building,they hired an engineer to perform site engineering and preliminary
layout of the building. Somehow, layout stakes were accidently knocked over or removed and
replaced incorrectly prior to initial setup. The building was setup, formed and concrete poured
using these incorrect stakes. A subsequent slab survey indicated the aforementioned
encroachment into the easement.
In addition to encroaching into the easement,the building also encroaches 1.8'into the 20' front
yard building setback. On May 1, 2008,the Board of Adjustment granted a variance to the front
yard building setback.
This item was sent to all interested parties. Entergy originally objected to the requested
abandonment. Because of that objection,the Planning Commission tabled action on this item.
Since that time, Entergy has re-evaluated its objection and has now withdrawn it. Entergy no
longer has an issue with the abandonment.
At a Regular Meeting held June 18, 2012,the Planning Commission recommended approval 7:0
to abandon the easement.
FUNDING SOURCE
Not applicable.
RECOMMENDATION
Approval of ordinance.
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1408 CORNERSTONE COURT. BEAUMONT. TEXAS PROJECT NO.
(ADS) 832-7238 FAX (409) 832-7303
ORDINANCE NO.
ENTITLED AN ORDINANCE VACATING AND ABANDONING A 1.8'X 55.4'
PORTION OF A 20' WIDE UTILITY EASEMENT AT 7310 HIGHWAY 105,
BEAUMONT, JEFFERSON COUNTY, TEXAS.
WHEREAS, Linh Berryhill has applied for the abandonment of a1.8'x 55.4' portion
of a 20'wide utility easement at 7310 Highway 105, being a 1.8' x 55.4' portion of the 20'
utility easement that crosses the south end of Tract 32B, Plat RS4, Abstract 17, W. B.
Dyches Survey, City of Beaumont, Jefferson County,Texas, containing 0.002 acres, more
or less, as shown on Exhibit "A" attached hereto; and,
WHEREAS,the City Council has considered the purpose of said abandonment and
is of the opinion that the easement is no longer necessary for municipal utility purposes
and the abandonment of said easement is in the best interest of the City and should be
granted;
NOW, THEREFORE, BE IT ORDAINED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the statements and findings set out in the preamble to this resolution are hereby, in
all things, approved and adopted; and,
THAT a 1.8'x 55.4'portion of a 20'wide utility easement at 7310 Highway 105, being
a 1.8' x 55.4' portion of the 20' utility easement that crosses the south end of Tract 32B,
Plat RS4, Abstract 17, W. B. Dyches Survey, City of Beaumont, Jefferson County, Texas,
containing 0.002 acres, more or less, as shown on Exhibit"A"attached hereto, be and the
same is hereby vacated and abandoned and that title to such property shall revert to and
become the property of the persons entitled thereto by law.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 26th day of
June, 2012.
- Mayor Becky Ames -
: Request to aband M55.4 foot protion of a 20 fo . ,vide utility easement
adjacent to Highway 105.
Location: 7310 Highway 105
Id piicant: Linh BerryhM
0 100 200
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9
June 26,2012
Consider an ordinance amending Section 20.03.003 of the Code of Ordinances changing the
speed limit on a section of Delaware Street
RICH WITH OPPORTUNITY
BEAUMON*
T . E • g • A . S City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Patrick Donart, Public Works Director
MEETING DATE: June 26,2012
REQUESTED ACTION: Council consider an ordinance amending Section 20.03.003
of the Code of Ordinances changing the speed limit on a
section of Delaware Street.
BACKGROUND
City staff conducted a traffic study and an evaluation of the speed limit on Delaware Street from
Dowlen Road to Major Drive. The spot traffic study conducted in this area indicated that the
majority of drivers are driving faster than the current speed limit. It is recommended that the
speed limit and speed zone boundary change within this section as shown below:
Street, Limits of zone Dir. of Travel Steed
Delaware (a)From a point 50 feet west of the centerline East and West 35
of 19'h street to a point 600 feet east of the
centerline of Oak Trace Drive.
(b)From a point 600 feet east of the centerline East and West 40
of Oak Trace Drive to a point 900 feet West of
Dowlen Road.
Stireet Limits of zone Dir.of Travel Sueed
Delaware (c)From a point 900 feet West of Dowlen Road East and West 45
to the center line of F.M. 364 (Major Drive)
FUNDING SOURCE
Not Applicable.
RECOMMENDATION
Approval of Ordinance.
ORDINANCE NO.
ENTITLED AN ORDINANCE AMENDING CHAPTER 20,
SECTION 20.03.003 OF THE CODE OF ORDINANCES OF
BEAUMONT, TEXAS,TO CHANGE THE SPEED LIMIT ON A
SECTION OF DELAWARE STREET; PROVIDING FOR
SEVERABILITY; PROVIDING FOR REPEAL; AND
PROVIDING A PENALTY.
BE IT ORDAINED BY THE CITY OF BEAUMONT:
Section 1.
THAT Chapter 20, Section 20.03.003, "Maximum and minimum speeds established in
certain zones,""Schedule,"of the Code of Ordinances of the City of Beaumont, be and the
same is hereby amended by amending the speed limit of Delaware Street to read as
follows:
In
Mlles Per
Hour
Direction of
Street Limits of zone Travel Max. Min.
Delaware (a) From a point 50 feet west of the East and West 35
centerline of 19'h Street to a point
600 feet east of the centerline of
Oak Trace Drive.
(b) From a point 600 feet east of the East and West 40
centerline of Oak Trace Drive to a
point 900 feet west of Dowlen Road.
(c) From a point 900 feet west of East and West 45
Dowlen Road to the centerline of
F.M. 364 (Major Drive)
Section 2.
That if any section, subsection, sentence, clause of 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 herewith are repealed to the
extent of the conflict only.
Section 4.
That any person who violates any provision of this ordinance shall, upon conviction,
be punished, as provided in Section 1.01.009 of the Code of Ordinances of Beaumont,
Texas.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 26th day of
June, 2012.
- Mayor Becky Ames -
10
June 26,2012
Consider a resolution approving the transfer of$900,000 from the Fund Balance in the General
Fund to the Municipal Transit Fund
RIO= WITS OPPORTUNITY
REAUNDIN*:
T a _ • X • A • s City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
MEETING DATE: June 26, 2012
REQUESTED ACTION: Council consider a resolution approving the transfer of
$900,000 from the Fund Balance in the General Fund to the
Municipal Transit Fund.
BACKGROUND
The Municipal Transit Fund accounts for the activities of the Beaumont Municipal Transit System.
The City of Beaumont receives funding from the Federal Transit Administration,the Texas
Department of Transportation,and farebox revenue,which goes toward operating transit services.
These three revenue sources are projected to cover 54%of transit expenditures in FY 2012.
Therefore,transfers are made from the General Fund, as necessary,to cover the remainder of
expenditures.
The Municipal Transit Fund is projected to have a shortfall of$575,000 at the end of FY 2012,
which is on September 30, 2012. A transfer of$900,000 from the General Fund will cover the
projected shortfall,and provide a fund balance in the Transit Fund of approximately$325,000.
If the transfer of$900,000 is approved,a total of$2,450,000 will have been transferred from the
General Fund to the Transit Fund in FY 2012. As city staff projects transit expenditures for FY
2013,the General Fund will likely need to transfer at least$2,200,000 to the Transit Fund as a part
of the FY 2013 Budget.
FUNDING SOURCE
As of April 30,2012,the Fund Balance in the General Fund was projected to be$27,838,505 at the
end of the fiscal year which is$2,100,641 more than the FY 2012 Budget estimated. If$900,000
is transferred to the Transit Fund,there will be a projected$26,938,505 in the Fund Balance,which
is 25%of expenditures. Financial projections for the Transit Fund are attached for your review.
RECOMMENDATION
Approval of resolution.
CITY OF BEAUMONT
MUNICIPAL TRANSIT FUND
STATEMENT OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE
(Unaudited)
FYE 2012
FY 2012 Projected at
Budget 04/30/12
REVENUES
Service Charges $ 550,000 528,000
Intergov. Rev. FTA Operating 1,786,000 1,750,300
Intergov. Rev. FTA Capital - 220,000
Intergov. Rev.TxDOT Operating 392,500 367,200
Intergov. Rev.TxDOT Capital - -
Interest 400 400
Transfer from General Fund 1,550,000 1,550,000
TOTAL REVENUES 4,278,900 4,415,900
EXPENDITURE CATEGORY
Operating Supplies 180,000 135,000
Contract Services 4,600,000 4,983,900
Capital Improvements - 220,000
TOTAL EXPENDITURES 4,780,000 5,338,900
EXCESS(DEFICIT)REVENUES
OVER EXPENDITURES (501,100) (923,000)
FUND BALANCE
Beginning Fund Balance 704,472 348,050
Ending Fund Balance $ 203,372 (574,950)
Municipal Transit
Comparison of Funding and Expenditures
Fiscal city Federal contract
Year Funding Funding Services
2003 $ 19275,000 $ 2,171 ,545 $ 394119221
2004 19200,000 1 407 018 31681 ,438
i
2005 193009000 19001 ,456 41004,767
2006 211969000 29018,160 4,2009298
2007 11396,000 29458,680 412089600
2008 21020,000 294059905 4,7199468
2009 29000,000 8,092,020 496489734
2010 1 ,900,000 1 ,828,506 415899488
2011 119509000 1 ,785,970 4,5999924
2012 1 ,550,000 19750,280 41983,0OO
Projected 2013 2,500,000 117159300 41960,000
ORDINANCE NO.
ENTITLED AN ORDINANCE AMENDING THE FISCAL
BUDGET OF THE CITY OF BEAUMONT FOR THE FISCAL
YEAR 2012 TO TRANSFER$900,000 FROM THE GENERAL
FUND TO THE MUNICIPAL TRANSIT FUND; PROVIDING
FOR SEVERABILITY; AND PROVIDING FOR REPEAL.
BE IT ORDAINED BY THE CITY OF BEAUMONT:
Section 1.
THAT the Fiscal Budget of the City of Beaumont for the period commencing October 1,
2011, through September 30, 2012, be and the same is hereby amended to appropriate
and transfer the sum of$900,000 from the General Fund to the Municipal Transit Fund.
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 herewith are repealed to the
extent of the conflict only.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 26th day of
June, 2012
- Mayor Becky Ames -
11
June 26,2012
Consider a resolution approving a contract for the East Lucas Sidewalks Project(US 69 to
Railroad Tracks)
RICH WITH OPPORTUNITY
City Council Agenda Item
T • E • X • A S
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Patrick Donart, P.E., Public Works Director
MEETING DATE: June 26, 2012
REQUESTED ACTION: Council consider a resolution authorizing the award of a
contract to Allco,Ltd. for the East Lucas Sidewalks Project
(US 69 to Railroad Tracks).
BACKGROUND
The Project includes the replacement of drainage structures and installation of sidewalk from US
69 to the railroad tracks on East Lucas. The sidewalk will be located on the south side of the road
and will start where TXDOT concludes their sidewalk project.
On June 7, 2012 the City of Beaumont received four(4)bids for the Project. The low bid was
submitted by Allco, Ltd. in the amount of$332,100.
The MBE participation is with Crabtree Barricade Systems, and American Remediation in the
amount of$5,953.75 representing 1.79% of the contract amount. Due to the nature of the work,
Allco plans to utilize their own forces to conduct the work.
FUNDING SOURCE
Capital Program.
RECOMMENDATION
Approval of Resolution.
CITY OF BEAUMONT
SCHEDULE OR MBE PARTICIPATION
Alke
NAME
CERTIFIED MBE COMIUCTOR ADDRESS TYPE OF WORK AGREED PRICE
Po Box zo1gm S, `�X3. 75
W, W7Z0
The undamped will enter into a formal agreement with MBE Contractors for work listed in this schedule conditioned upon execution
of a contract with the City of Beaumont.
NOTE: 1. This sc mduk should be submitted with your bid
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RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF BEAUMONT:
THAT the City Manager be and he is hereby authorized to execute a contract with Allco,
Inc., of Beaumont, Texas, in the amount of $332,100.00 for the East Lucas Drainage
Improvement Rehabilitation Project.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 26th day of
June, 2012.
- Mayor Becky Ames -
II
12
June 26,2012
Consider a resolution approving a contract for maintenance and repair services for use by the
Building Services Division
t r
RICH WITH OPPORTUNITY
BE
T ' B - z ' A • 8 Ci Ivy Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Laura Clark, Chief Financial Officer
MEETING DATE: June 26,2012
REQUESTED ACTION: Council consider a resolution awarding an annual contract
for maintenance and repair services to Bruce's General
Construction, Inc., of Beaumont,in the estimated amount
of$210,600.
BACKGROUND
Bids were requested for an annual contract to provide on demand repair, maintenance, and light
construction services as needed by the Building Services Division. The contract dots not include
demolition services,or projects which are reasonably anticipated to approach or exceed$75,000.
Seven(7)vendors were notified and four(4)responses were received Specifications requested
hourly labor rates for carpenters,hogs,concrete finishers,equipment operators and general
laborers togs with percentage markup for materials and equipment rentals. Bids were
evaluated on total annual cost based upon estimated labor hours for each skill category and
condition.
Low bid was received from Bruce's General Construction, Inc., of Beaumont who has held this
contract for several years. Journeyman labor rates in this bid represent an average reduction of
45%below current contract rates.
FUNDING SOURCE
General Fund.
RECOMMENDATION
Approval of resolution.
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1
RESOLUTION NO.
WHEREAS, bids were received for maintenance and repair services as needed by
the Building Services Division; and,
WHEREAS, Bruce's General Construction, Inc., of Beaumont, Texas, submitted a
bid in the estimated amount of$210,600; and,
WHEREAS, City Council is of the opinion that the bid submitted by Bruce's General
Construction, Inc., of Beaumont, Texas, should be accepted;
NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the bid submitted by Bruce's General Construction, of Beaumont, Texas, for
maintenance and repair services as needed by the Building Services Division in the
estimated amount of$210,600 be accepted by the City of Beaumont.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 26th day of
June, 2012.
- Mayor Becky Ames -
13
June 26,2012
Consider a resolution authorizing Dalcor Pine Club, LTD to submit an application to the Texas
Department of Housing and Community Affairs(TDHCA) for the Pine Club Apartments at 5015
Pine Street, a Low Income Housing Tax Credit(LIHTC)project and offering support for the
project
RICH WITH OPPORTUNITY
BEAUMONrk
T • E • A • A • S City panel Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Chris Boone, Community Development Director
MEETING DATE: June 26, 2012
REQUESTED ACTION: Council consider a resolution authorizing Dalcor Pine Club,
LTD to submit an application to the Texas Department of
Housing and Community Affairs (TDHCA) for the Pine
Club Apartments at 5015 Pine Street, a Low Income
Housing Tax Credit (LIHTC) project and offering support
for the project.
BACKGROUND
Dalcor Pine Club, LTD is requesting authorization to submit an application to the Texas
Department of Housing and Community Affairs(TDHCA)for use of LIHTC funds for the
rehabilitation and improvement of a two hundred and thirty-two(232)unit multi-family housing
development known as Pine Club, located at 5015 Pine Street. Pine Club was constructed as an
affordable housing property approximately fifteen(15)years ago. This proposed project involves
the reissuing of tax credits in order to update the property. Specifically, this will include
installing energy efficient air conditioning systems, appliances and solar window screens. In
addition, a new business center will be constructed that will be used for job counseling and
services for the residents.
Currently,the area of the rehabilitation project has more than twice the state average of subsidized
housing units per capita. As such, funding the rehabilitations of these subsidized units would not
be allowed in this area unless the project and the allocation of tax credits is supported by the City
Council. It should be noted that because Pine Club was originally developed as an affordable
housing project, no new affordable housing units will actually be established in this area.
Approval of this resolution would allow TDHCA to consider funding Pine Club Apartments, as
required by §50.8(2)(A) of the Texas Administrative Code.
FUNDING SOURCE
State Housing Tax Credits will be used,with no participation required by the City.
RECOMMENDATION
Approval of resolution.
Pine Club Apartments
1015 Pine Street
Beaumont,TX 77703
Development Narrative
Developer: Dalcor Affordable Housing I,LLC
The Developer,the principals and educe of which having more than a century of
experience in Federal,state and I owThance and real estate property
management(See Experience)have w F 4 this apartment community as part of a
portfolio of six apartment communities that have reached the end of their respective
compliance periods. The Developer will purchase these assets and rehab them using
HTC equity and tax-exempt ovate activity bonds thereby retaining them within the
affordable housing program
Contractor: PencoMKW Owstrfaetion,J-4
The Contractor is a joint venture betweenVenco,Inc.,with more than 40 years of multi-
family construction experience bwkKfmg WC developments(See Experience)and JKLD
Construction,LLC,an entity vitb ewnershipJprincipals as the Developer.
Financing: TSHAGRed Stone Financial,LLC
Texas State Affordable Housing Corporation will issue.private-activity-bonds,an
inducement letter has been issued. Red Stone Financial,LLC will purchase these tax-
exempt bonds(the placement of which was arranged by Merchant Capital,LLC)issued
by TSAHC, which will serve as both construction and permanent financing;these bonds
along with installments of HTC proceeds will purchase the asset and complete the
rehabilitation(See Financing Narrative and Term Sheets).
HTC Equity: City Real Estate Advisors,Inc.
The HTC equity by City Real Estate Advisors will be used to purchase the asset and in
conjunction with the bond proceeds the rehabilitation(See Financing Narrative
and Term Sheets).
Pine Club is a 232-unit Secfioa 42L*w 15 Housing Tax Credit(LIHTC)gated
community located in BeaunxmtTk=&1%--property has intrinsic value, spacious
floorplans and beautiful park-like setting.
Pine Club was constructed in 1996 tinder the Section 42 LIHTC program.The property
has extended use restrictions in place Dauber 31,2026.The property is
comprised of 48 one-bedroom, one-bath, 112 two bedroom,two-bath and 72 three-
bedroom,two-bath apartment homes.Given the property is past the initial Tax Credit
Compliance Period,and the 10-Year chain of title is intact,Pine Club offers an excellent i
opportunity for tax credit developers looking to utilize 4%tax credits and tax exempt
financing. i
i
Pine Club Apartments
1015 Pine Street
Beaumont,TX 77703
Development Narrative
The residents of Pine Club enjoy numerous amenities within,this gated community,
including an on-site leasing office, laundry facility,standalone activity center, business
center,swimming pool,fitness center,carports and controlled gated access. The units
contain washer and dryer connections with optimial washer and dryer rentals, well
equipped kitchens with ice makers,air condition wn 4n cbmiets,ceiling fans in
bedrooms,and mini-blinds and vertical blinds.
Pine Club Apartments is conveniently located within close proximity to the Eastex
Freeway, which provides residents easy access to major retail center Parkdale Mall,
Interstate 10, and the booming Beaumont-Port Ardwr MA in southeast Texas. Just
miles away from the border of Texas and Louisiana an the CAffaf Mexico,the
Beaumont-Port Arthur MSA is home to the Sabine-Mcbes may which is referred to
as"America's Energy Gateway."The Sabine-Neches sly del is the nation's third
largest waterway linking the world to an extensive pipc1inevjmftm that supplies energy to
communities and businesses across the country.11m ski channel supports 55 percent of
the nation's strategic oil reserves and America's largest 5 1 complex that produces
11 percent of U.S. gasoline and 60 percent of the nafica's jet fbd.Nearly 84,000 jobs
across southeast Texas and southwest Louisiana are related in some way to cargo moving
on the waterway.The-waterway currently supports apQm ly-15,000 direct jobs—
meaning those who provide-support services to the waterway,including-marine terminals
_
and shipyards,truckers,railroad workers,warehouse operators and mwine construction
firms.Roughly 3,000 ships with cargo travel to Beaumont each year. The Port of
Beaumont has shipped two-thirds of all military cargo bound for current conflicts in Iraq
and Afghanistan.Acknowledging the vital role the military plays,the port has built a new
$5.4 million, 27,000 square foot facility that serves as bcadgwule.rs for the 842nd
Transportation Battalion. Companies that have a significant presence on the waterway
include Goodyear,ExxonMobil, Sunoco,BASF,Valero,Firestone,DuPont,Chevron
Phillips,Entergy and Eastman Chemical among others.
Pine Club currently operates under the Section 42 Low litiaasne Ding Tax Credit
(IMC)program,and has an extended use agre tiap=ring that 100%of
the units be rented to tenants earning no more than 6D%affe local Area Median Income
(AMI)Although the initial Tax Credit Compliance Padad(TCXP)expired on December
31,2011,there are extended use restrictions in place antH Defier 31,2026.
Property Pine Club
Property Address 5015 Pine Street
Beaumont,TX 77703
Assessor's Parcel 700000-478470-1 PP
Zoning RMF Residential Multifamily
SITE
Number of Units 232
Number of Buildings 19
Number of Stories 2
Year Built 1996
I
Pine Club Apartments
1015 Pine Street
Beaumont,TX 77703
Development Narrative
Rentable Square 246,576
Lot Size 31.77 Acres
Density 7.3 Units per Acre
Parking 464 Spaces
Parking Ratio 2 Spaces per Unit
Landscaping Garden Style
Topography Flat
UTH TCIE,S
Water .City of Beaumont
Phone Granite Telecommunications
Electric Entergy
Gas N/A
CONSTRUCTION
Foundation Concrete
Framing Wood
Exterior Hardie Plank
Parking Surface Concrete
Roof Composite.Shingle:.75% replacedin-2009.
25 Year Shingle/Transferable Warranty
MECHANICAL
HVAC 10 Seer Ground Units
Wiring Copper
Fire Protection Per Code
COMMON AREA AMENITIES
Onsite Leasing Office, Clubliouse &Activity Center
Children's Playground
S►vinznting Pool
Fihress Center
Gated Access
Carports
Business Center
UNIT AMENITIES
I00% Washer/Dryer Connections With Optional
Washer/Dryer Rentals
Stain Resistant Berber Style Carpeting
Ceiling Fans in All Bedrooms
Well-Equipped Kitcliens With Ice Maker
Mini-Blinds/Vertical Blinds
Individual Unit Entries,No Breetetivays or Hallways
The existing apartment unit configuration is as follows:
Pine Club Apartments
1015 Pine Street
Beaumont,TX 77703
Development Narrative
Total
No.of Net Net
Unit Bed- No.of Rentable Ratable
t#of Units Type rooms Baths 3.F. S.F.
48 A 1 1 806 38,688
I2 B 2 2 1,077 120,624
722 C 3 2 1,212 87,264
232 TC60% 1,063 246,576
DeveJooment Plan
There a be NO dela aiit or reconstruction of the a builder or
aputment vita
The plan is to acquire the property,upgrade and update the property with modern and
more energy efficient('Energy Star")systems and materials;and maintain the property
within the proms-serving the same population(the gencrai-pg9Wgtion with 1B()%of the
units-set-aside.for-persons with incomes below 60%AMD.
The planned rehabilitation includes,but not limited to,replacinglupgrading:
Existing HVAC systems with more energy efficient 14 SEER systems,
Existing appliances with new more energy efficient"Energy Star"appliances,
Solar screening on all exterior windows,
The remainder of the roof systems,
All for coverings with durable floor coverings,
Exterior lighting to be enhanced and upgraded,
Children's playground equipment and surface,
Swimming pool surfaces,equipment and furniture,
Fitness center,
Business center&equipment,
Security camera system,
Electronic
key control syste^ and
ADA AccoAffity Standards
The Developer's due diligence indicates that Fine Club does not comply
with Section 504,Rehabilitation Act of 1973 (29 U.S.C. Section 794),and
specified under 24 C.F.R.Part 8,Subpart C and farther described in Texas
Administrative Code,Title 10,Part 1,Chapter 60,Subpart B.
The United States Department of Justice promulgated new 2010 ADA
Standards for Accessible Design to be effective for new construction or
alterations on or after March 15,2012. The Developer has engaged a third i
Pine Club.Apartments
1015 Pine Street
Beaumont,TX 77703
Development Narrative
party architect to design and supervise all appropriate alterations in order
to comply with all current standards.
The General Contractor will be Penco/JKLD Construction,JV, a joint venture between
Penco,Inc. and JKLD Construction,LLC.
I
{
I
RESOLUTION NO.
WHEREAS,the City Council of the City of Beaumont(the"City")has been apprised
of the pending application for tax credits (the "Application") filed for the rehabilitation and
improvement of Pine Club Apartments(the"Development"), a two hundred thirty-two(232)
unit mufti-family housing development located at 5015 Pine Street, a Low Income Housing
Tax Credit (LIHTC) project through the Texas Department of Housing and Community
Affairs (TDHCA); and
WHEREAS, the City is a municipality that has more than twice the state average of
residential units per capita supported by tax credits or private activity bonds at the time the
2012 Application round begins and,therefore, pursuant to Section 50.8(2)(A)of the Texas
Administrative Code,the TDHCA requires the express prior support of the governing body
of the City and a written statement of support of the allocation of Housing Tax Credits in
order for the Applicant to be awarded an allocation of Housing Tax Credits by TDHCA;
NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
Section 1. THAT the statements and findings set out in the preamble to this
resolution are hereby, in all things, approved and adopted; and
Section 2. This resolution in no way commits the City of Beaumont to provide any
funding for the proposed project.
Section 3. This project is still subject to any and all zoning, construction and all
applicable regulations of the City of Beaumont and will be required to comply with same.
Section 4. The governing body of the City hereby offers preliminary support for the
rehabilitation and improvement of the Development within the City.
Section 5. The governing body of the City hereby supports the allocation of Housing
Tax Credits for the Development.
Section 6. The governing body of the City hereby acknowledges that this resolution
shall constitute a written statement of support for the construction of the Development as
required by Section 50.8(2)(A) of the Texas Administrative Code.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 26th day of
June, 2012.
- Mayor Becky Ames -