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HomeMy WebLinkAboutPACKET SEP 19 2017BEAUMONT TEXAS REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS SEPTEMBER 19, 2017 1:30 P.M. CONSENT AGENDA * Approval of minutes — August 28, 2017, August 31, 2017, September 12, 2017 Confirmation of committee appointments A) Authorize the City Manager to enter into a contract with Trillium CNG to provide operation and maintenance services for Compressed Natural Gas (CNG) fueling stations at Beaumont Transit. B) Authorize the execution of a revised Air Monitoring Site Agreement with the Texas Commission on Environmental Quality (TCEQ). D BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager LfS15 PREPARED BY: Chris Boone, Planning & Community Development Director MEETING DATE: September 19, 2017 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to enter into a contract with Trillium CNG to provide operation and maintenance services for Compressed Natural Gas (CNG) fueling stations at Beaumont Transit. BACKGROUND Approximately ten (10) years ago, Beaumont Transit migrated from conventional fuel to a Compressed Natural Gas (CNG) fuel fleet for all of its fixed route buses. As part of this migration process, the city contracted with Trillium CNG to design and install the CNG pumps as well as perform ongoing operation and maintenance of these pumps located at the transit facility. The proposed contract would extend these services for ten (10) years as well as fund upgraded pumping facilities to comply with newer accounting and credit card standards. FUNDING SOURCE General Fund, Federal Transit Administration and TXDOT Funds. RECOMMENDATION Approval of the 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 a ten (10) year Operations and Maintenance Services Agreement with Trillium CNG to provide operation and maintenance services for Compressed Natural Gas (CNG) fueling stations located at the Beaumont Transit facility and to fund upgraded pumping facilities to comply with newer accounting and credit card standards. The Agreement is substantially in the form attached hereto as Exhibit "A" and made a part hereof for all purposes. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 19th day of September, 2017. - Mayor Becky Ames - OPERATIONS AND MAINTENANCE SERVICES AGREEMENT This OPERATIONS AND MAINTENANCE SERVICES AGREEMENT ("Agreement") is entered into this day of '2017, ("Effective Date") by and between The City of Beaumont, Texas ("Customer"), and Trillium Transportation Fuels, LLC ("Trillium"), Each of Customer and Trillium may individually be referred to herein as a "Party" and referred to collectively as the "Parties." WHEREAS Customer wishes to procure certain operation and maintenance services from Trillium, and Trillium wishes to provide the same to Customer. NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of which the Parties hereby acknowledge, the Parties agree as follows: I. Equipment Upgrade. Customer agrees to procure from Trillium the equipment upgrades to the Site (as defined below) as detailed in the attached Exhibit C ("Equipment Upgrade"). The cost of the Equipment Upgrade shall be paid to Trillium by Customer in monthly installments as part of the Service Charge (as defined below) throughout the first five (5) years of the Term (as defined below), as such prices are more particularly set forth in the attached Exhibit B. In the event Customer fails to pay any portion of the Service Charge associated with the Equipment Upgrade or otherwise fails or refuses to permit the Equipment Upgrade Trillium shall be entitled to suspend performance of the Services, without liability therefor and without terminating this Agreement, until such time as the Equipment Upgrade has been completed and any due and outstanding charges related to the same have been paid in full. 2. Management and Operation. Commencing on the Effective Date, Trillium agrees to provide operation and maintenance services in accordance with Exhibit A (the "Services") at the certain CNG refueling station located at 550 Milam St., Beaumont, Texas 77701 (the "Site"). 3. Service Charges_. For each calendar month of the Term, as defined below, Customer will pay Trillium a service charge (the "Service Charge") as set forth in the attached Exhibit B. -On each anniversary of the Effective Date, the Fixed Fee and Volumetric Fee rate components of the Service Charge will be automatically adjusted to reflect any increases or decreases in the National Consumer Price Index for All Urban Consumers, U.S. City Average (All Items; 1982-84 = 100) as issued by the U.S. Department of Labor, Bureau of Labor Statistics (the "CPI"). 4. Billing and Payment. (a) Trillium will invoice Customer within thirty (30) days of the end of each calendar month during the Term, as defined below (each such date of actual invoice issuance shall be referred to as -an "Invoice Date"), for the Services (as described in Exhibit B) owed by Customer in that prior calendar month. Any invoice for a partial month's Services during the Term shall prorate the Fixed Fee based on the number of days that Company has or is expected to provide Services during the month. (b) The Customer shall pay each such invoice within forty-five (45) days of the Invoice Date (the "Due Date"). If payment is not received by Trillium on or before the Due Date, Trillium shall (00177973.DOCX;1) EXHIBIT "A" commence charging Customer late payment charges equal to one and one-half percent (1.5%) per month, calculated for the period commencing on the Due Date and ending with the date Trillium receives full payment; provided that in no event will any interest be payable hereunder at a rate in excess of the maximum rate permitted by applicable law. If an invoice remains unpaid following the Due Date, Trillium may, in Trillium's sole discretion, in addition to any other rights and remedies available under this Agreement or at law or in equity, either (i) suspend further Services until such invoice is paid or (ii), terminate this Agreement effective upon Customer's receipt of written notice from Trillium. (c) In the event Customer disputes the amount properly due hereunder, -Customer shall promptly pay all amounts reflected on the invoice, and -the Parties will work together in good faith to resolve any such dispute pursuant to this Agreement. If, at any time, the Parties agree that there has been an overcharge, Trillium will promptly refund the same. In no event will any adjustment be made with respect to amounts paid or required to be paid hereunder unless written claim is made therefor not later than twelve (12) months following the date such amount was paid. (d) Trillium will retain from the price per GGE, defined as Gas Gallon Equivalent, paid by Customer's Third Party customers, defined as all customers of the Refueling Station other than Customer, in partial payment of its fee for its operation and management services hereunder, an amount equal to the Service Charge (as described in Exhibit B , plus $0.0625 per GGE. Any excess amount received by Trillium from the sale of CNG by Trillium to Customer's Third Party customers over and above that portion retained by Trillium in partial payment of its fee will be paid to the Customer within thirty (30) days following the end of each calendar month during the Term, with any late payments bearing interest at one and one-half percent (1.5%) per month calculated from the date due until the date paid. 5. Customer's Covenants. In addition to payment of the Service Charge and other terms and conditions contained herein, the Customer agrees and covenants as follows: (a) Customer shall designate to Trillium in writing the name and pertinent contact information for the individual who shall act as the primary point of contact for the Customer relating to the Services (the Customer's "Designated Representative"). The initial Designated Representative is Bill Munson, Beaumont Municipal Transit General Manager. The Designated Representative shall further be responsible for assisting Trillium in securing the Site in the event of an emergency. (b) Customer shall provide Trillium with continuous and uninterrupted access to the Site. Notwithstanding any other provision in this Agreement, Trillium will not be responsible for any delays in performance due to Customer's failure to grant Trillium access to the Site. (c) Customer shall. provide at its cost and expense any maintenance and inspection obligations designated as Customer's as set forth on Exhibit A. (d) Customer agrees to limit access to the Site to its employees, the employees of Customer's fleet customers, Customer's public customers engaged in refueling natural gas vehicles and to authorized personnel and vendors of the Customer or Trillium who are working with or performing work on the Site. Trillium will have no responsibility whatsoever with respect to 100177973. D OCX;112 any party who gains access to the Site, whether such access is authorized or unauthorized, other than employees or authorized agents of Trillium. 6. Term and Termination. (a) The term (the "Term") of this Agreement will commence on the Effective Date and will continue in full force and effect until the tenth (10th) anniversary of the Effective Date. (the "Primary Termination Date") Unless a Party provides not less than thirty (30) days prior written notice to the other Party of their intent to terminate this Agreement, this Agreement will continue beyond the Primary Termination Date on a month to month basis, and thereafter either Parry may terminate this Agreement by providing the other Party not less than thirty (30) days' notice of such desire to terminate. (b) Except as provided in Section 6(c), if pursuant to Section 6(a) either Party delivers a written notice to the other stating that it intends to terminate this Agreement, the Parties agree that upon receipt of such written notice, this Agreement will terminate at the end of the calendar month following such notice. (c) Upon the termination of this Agreement, neither Party will have any further liability or obligation hereunder, other than any liability or payment obligation or other obligation arising out of this Agreement that has accumulated and remains to be performed as of the date of termination hereof. 7. Taxes. Customer is responsible for the payment of any and all taxes, fees and assessments imposed on the sale or delivery of CNG at or from the Site. 8. Licenses, Permits and Utilities. Trillium, at its sole expense, will secure all necessary permits, licenses, variances, consents, certificates and other authorizations required to perform the Services at the Site (collectively, the "Permits"), at Trillium's expense. Customer will, at .its sole expense, make available to Trillium all utility services required to perform the Services at the Site, including all gas, electrical, water, sewer and storm drain lines. Notwithstanding any other provision hereof, Trillium may terminate this Agreement by written notice to Customer in the event Trillium is unable, through reasonable commercial efforts to obtain such Permits deemed necessary by Trillium for Trillium's performance under this Agreement. 9. Warranty. With respect to Services performed regarding the installation or assembly by Trillium of new equipment or any additional new or replacement equipment during the Term, Trillium warrants that same will be free from defects in material and workmanship for a period of twelve (12) months after initial start-up of the new equipment or new or replacement equipment. If any failure to conform to the above warranty is reported in writing to Trillium within said period, Trillium will, at its option, correct such nonconformity by suitable repair of the equipment or by furnishing and installing a replacement part. The effects of corrosion, impurities in gas and ordinary wear and tear are specifically excluded from the above warranty. Trillium will not be responsible for any repairs or replacements performed by Customer or others without Trillium's prior written approval. With respect to all components of the equipment furnished by Trillium but manufactured by others, Trillium will pass all warranties of the manufacturers of such components to Customer to the full extent to which such warranties may be passed to Customer. TRILLIUM MAKES NO OTHER WARRANTIES OF WHATSOEVER NATURE, EXPRESS OR IMPLIED, CONCERNING THE EQUIPMENT, IT BEING THE INTENTION OF TRILLIUM {00177973.DOCX;1}3 AND CUSTOMER TO NEGATE EXPRESSLY AND TO EXCLUDE ALL OTHER WARRANTIES, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE, WARRANTIES CREATED BY ANY AFFIRMATION OF FACT OR PROMISE OR BY ANY DESCRIPTION OF THE EQUIPMENT, AND ANY OTHER WARRANTIES WHATSOEVER CONTAINED IN OR CREATED BY LAW. 10. Indemnification. (a) Customer. Customer will indemnify, defend and hold Trillium, its affiliates and their respective officers, directors, agents, insurers and employees harmless from and against any and all claims, demands, damages, costs, expenses, actions, proceedings, liabilities or losses, of whatsoever nature (including reasonable attorney's fees), for any injury to or death of persons, or for damage or loss to property of Trillium, Customer or a third party ("Claims") arising out of any negligent act or omissions or any intentional wrongdoing of Customer its performance or non-performance under, or otherwise in connection with, this Agreement; provided, however, that Customer will not be obligated to defend or indemnify Trillium against any Claim to the extent caused by any negligent act or omission or any intentional wrongdoing of the Trillium. ' (b) Trillium. Trillium will indemnify, defend and hold Customer, its affiliates and their respective officers, directors, agents, insurers and employees harmless from and against any and all Claims, arising out of any negligent act or omissions or any intentional wrongdoing of Trillium its performance or non-performance under, or otherwise in connection with, this'Agreement; provided, however, that Trillium will not be obligated to defend or indemnify Customer against any Claim to the extent caused by any negligent act or omission or any intentional wrongdoing of the Customer. (c) Survival. The provisions of this Section 10 will survive termination of this Agreement. 11. Disputes. In the event of a dispute between the Parties arising from this Agreement, the Parties' respective authorized representatives having day to day responsibility for the matters governed by this Agreement shall attempt in good faith to resolve the dispute. In the event the dispute is not resolved within five (5) days following negotiations by such authorized representatives, the dispute shall the dispute shall be referred to the respective executive level officers of the Parties, who shall attempt in good faith to resolve the dispute. In the event the dispute is not resolved within fifteen (15) days following referral of the dispute to such executive officers, the Parties may proceed to pursue such other rights and remedies (including equitable remedies) as may be available. 12. Insurance. (a) Trillium Insurance Requirements. Trillium agrees to obtain and maintain the following types and amounts of insurance coverage for the entire Term of this Agreement to insure against any and all liabilities, claims, losses, damages or expenses resulting from activities related to the Services provided hereunder: (i) Workman's Compensation and Employer's Liability Insurance as required by the state or province of the Site; {00177973.DOCX;1}4 (ii) Comprehensive Automobile and Vehicle Liability Insurance covering claims for injuries to vehicles, including on-site and off-site operations, and owned, non - owned or hired vehicles, with $2,000,000 combined limits, together with any appropriate endorsements and coverage relating to the maintenance and operation of the Site; (iii)- Commercial General Liability Insurance covering claims for personal injury or damage to property arising out of a negligent act or omission of Trillium and any of its employees, agents or Subcontractors, with limits of $5,000,000 in the aggregate. The policies listed in (ii) and (iii) above will name the Customer and its parent and affiliated companies as additional insured. Trillium shall supply proper certificates of insurance on request. (b) Customer Insurance Requirements. Customer agrees to obtain and maintain the following types and amounts of insurance coverage for the entire Term of this Agreement to insure against any and all liabilities, claims, losses, damages or expenses resulting from its use of the equipment on the Site: (i) Workman's Compensation and Employer's Liability Insurance as required by the state or province of the Site; (ii) Comprehensive Automobile and Vehicle Liability Insurance covering claims for injuries to vehicles, including on-site and off-site operations, and owned, non - owned or hired' vehicles, with $2,000,000 combined limits, together with any appropriate endorsements and coverage relating to the use by Customer of the equipment; (iii) Commercial General Liability Insurance covering claims for personal injury or damage to property arising out of a negligent act or omission of Customer and any of its employees, agents or subcontractors, with limits of $5,000,000 in the aggregate. The policies listed in (ii) and (iii) above shall name Trillium and its parent and affiliated companies as additional insured. Customer shall supply proper certificates of insurance to Trillium upon request. 13. Limitation of Liability. The remedies of Customer set forth herein are exclusive, and the total liability of Trillium with respect to this Agreement or the equipment and Services furnished hereunder, in connection with the performance or breach thereof, or from the manufacture, sale, delivery, repair, replacement of equipment or provision Services covered by or furnished under this Agreement, whether based on contract, warranty, negligence, indemnity, strict liability or otherwise, will not exceed the cash consideration actually received by the Trillium under this Agreement. Trillium shall not, under any circumstances, be liable to Customer for any defect in or failure or malfunction of the equipment resulting in loss of use, lost profits or revenue, interest, lost goodwill, work stoppage, impairment of other goods, loss by reason of shutdown or non -operation, increased expenses of operation, cost of purchase of replacement fuel or claims of Customer or customers of Customer for service interruption whether or not such loss or damage is based on contract, warranty, negligence, indemnity, strict liability or otherwise. Neither Party, under any circumstances, shall be liable to the other Party for any consequential, incidental, indirect, special or punitive damages arising out of this Agreement or any breach thereof. The provisions of this Section 13 shall survive termination of the Agreement. 14. Governing Law and Venue. CUSTOMER AND TRILLIUM AGREE THAT THIS AGREEMENT WILL BE INTERPRETED AND GOVERNED UNDER THE LAWS OF THE STATE OF TEXAS. Each Party hereby 100177973.DOCX;115 irrevocably submits itself to the original and exclusive jurisdiction of -the state and federal courts sitting in the state of Texas and the Parties agree that venue for any mediation, arbitration or litigation shall be Harris County, Houston, Texas. 15. Counterparts. This Agreement may be executed simultaneously in one or more counterparts, each of which will be deemed an original and all of which together will constitute one instrument. The use of facsimile or PDF signatures for the execution of this Agreement shall be legal and binding and shall have the same force and effect as if originally signed. 16. Assignment. This Agreement will be binding upon and inure to the benefit of the Parties to this Agreement and their respective successors and permitted assigns. Neither Party may assign this Agreement without obtaining the prior written consent of the other Party (which consent will not be unreasonably withheld, conditioned or delayed). Notwithstanding the foregoing, (a) either Party may assign this Agreement and its rights and obligations under this Agreement to any of the assigning Party's affiliates, or to a third Party in conjunction with the sale of all or substantially all of its assets, upon notice to, but without the consent of the non -assigning Party, and (b) Trillium may subcontract all or any part of the Services provided hereunder. 17. Third Party Beneficiaries. The Parties expressly understand and agree that nothing contained in this Agreement is intended to confer upon any other person any rights, benefits or remedies of any kind or character whatsoever, and no person will be deemed a third party beneficiary under or by reason of this Agreement. 18. Expenses. Except as may be specifically provided for elsewhere in this Agreement, each Party to this Agreement will pay and discharge all the expenses incurred by it in connection with the negotiation of this Agreement and the consummation of the transactions contemplated hereby. 19. Integration. THIS AGREEMENT (and incorporated exhibits) REPRESENTS THE FINAL AGREEMENT BETWEEN THE PARTIES WITH RESPECT TO THE TRANSACTIONS CONTEMPLATED HEREIN AND MAY NOT BE CONTRADICTED BY EVIDENCE OF PRIOR, CONTEMPORANEOUS, OR SUBSEQUENT ORAL AGREEMENTS OF THE PARTIES. 20. Amendment, Waiver and Severability. This Agreement cannot be amended, supplemented or modified except by an instrument in writing signed by each Party. No failure or delay of either Party in enforcing its rights hereunder shall act as a waiver thereof, nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right set forth herein. If any provision of this Agreement, is declared void or otherwise unenforceable, such provision shall be deemed to have been severed from this Agreement, and the remaining provisions of this Agreement shall continue in full force and effect. 21. Force Majeure. The term "force majeure" as used herein means laws, regulations or acts of duly constituted governmental authority, acts of God, strikes, lockouts, or other industrial disturbances, acts of the public enemy, events similar to those of September II, 200 I, war, blockades, insurrections, stormy, freezing or inclement weather, riots, epidemics, landslides, lightening, earthquakes, fires, storms, floods, washouts, arrests and restraints of governments and people, civil disturbances, explosions, breakage or accident to machinery or lines of pipe, exhaustion or depletion of supplies of gas, freezing of wells, equipment or lines of pipe, electrical power outages, fuel shortages or partial or complete curtailment or interruption of deliveries by Trillium's or Customer's suppliers or transporters, {00177973.DOCX;1}6 failure of any governmental entity, agency or official to timely furnish Trillium or Customer with any required permit or approval and any other causes, whether of the kind herein enumerated or otherwise, not reasonably within the control of the Party claiming force majeure and which by the exercise of due diligence such Party is unable to prevent or overcome. (a) Excused Performance. If any Party hereto is rendered unable, either wholly or partially, by force majeure from carrying out its obligations under this Agreement, it is agreed that the obligations of Trillium and Customer (other than obligations of Customer to pay any amounts due _hereunder), insofar as they are affected by such force majeure, will be suspended during the continuance of the inability so caused, but for no longer period. If an event of force majeure occurs, the Party experiencing same must promptly notify the other Party in writing of the circumstances and the expected duration of the force majeure event. (b) Termination. If an event of force majeure which precludes the delivery or receipt of natural gas under this Agreement occurs and continues for thirty (30) or more consecutive days, or if the nature of a force majeure event is such that it is reasonably likely that performance hereunder will be precluded for a period of thirty (30) or more consecutive days, then each Party hereto will have the right to terminate this Agreement on not less than thirty (30) days prior written notice to the non -terminating . Party. 22. Laws. Each of the Parties hereunder shall perform its obligations in a good and workmanlike manner and in compliance with all applicable laws, regulations, codes, and ordinances, including, without limitation, those relating -to human health, the environment, natural resources, and worker safety (collectively, the "Law" or "Laws"). Each Party shall prepare, file and maintain all reports required by Law to be prepared or filed with any governmental authority concerning its performance under this Agreement and shall retain the same fora period of two (2) years from the date of preparation thereof orfor such longer time period as may be legally required. 23. Endorsements. Except as otherwise be required by law, Trillium and Customer each agree that it will not use the logo or name of the other Party in connection with any publicity, release, endorsement or announcement, without the prior written consent of the other Party hereto. 24. Notices. All notices, requests and communications hereunder will be in writing and will be deemed to be received when mailed, correctly addressed and by certified mail or nationally recognized overnight courier, to the respective Parties at their respective addresses reflected below. Any Party may, by proper written notice hereunder to the other Party, change the address to which notice will thereafter be sent to such Party. {00177973.DOCX;117 CUSTOMER CONTACT INFORMATION: The City of Beaumont - State of Organization: Texas Principal Place of Business: 550 Milani St. Beaumont, Texas 77701 Phone: (409) 835-7895 Address for Notices: 550 Milam St. Beaumont, Texas 77701 Attn: Bill Munson Phone: (409) 835-7895 E-mail: bmunson@beaumonttransit.com TRILLIUM CONTACT INFORMATION: TRILLIUM TRANSPORTATION FUELS, LLC State of Organization: Delaware Principal Place of Business: 2929 Allen Parkway, Suite 4100 Houston, Texas 77019 Phone: (713) 332-5726 Fax: (713) 354-5357 Address for Notices: Trillium Transportation Fuels, LLC 2929 Allen Parkway, Suite 4100 Houston, Texas 77019 Attn: General Counsel Phone: (405)302-6793 Fax: (405) 463-3793 E-mail: morris.collie@musketcorp.com 25. Intellectual Property. Proprietary documents, software or techniques of any kind ("Intellectual Property") that may be used in conjunction with equipment or the Services provided under this Agreement shall not become the property of Customer if it was developed by Trillium. Customer is not allowed to publish or otherwise share such Intellectual Property with third Parties. All intellectual property rights of Trillium in the equipment, materials, services, programs, processes and all other matters related to the equipment or Services provided hereunder shall remain the sole property of Trillium. All ideas, discoveries, inventions, computer programs, developments, original works of authorship, systems documentation, trade secrets, and technical know-how that are conceived, devised, invented, developed or reduced to practice or tangible medium by Trillium, its contractors or employees, whether individually or jointly with others, that relate, indirectly or directly, to the equipment or Services provided hereunder, shall be the sole property of Trillium, and, except as may be provided in this Agreement, Trillium shall have no obligation to assign or to cause any of its contractors or employees to assign any oYTrillium's rights therein to Customer or any other party. 26. Default. If at any time either Party (a "Defaulting Party") fails to perform any of its material duties or obligations under this Agreement; the other Party (the "Non -defaulting Party"), upon five (5) days written notice to the Defaulting Party if the default is a payment default or upon fifteen (15) days written notice to the Defaulting Party if the default is one other than a payment default, may terminate this Agreement effective as of the end of such five (e) or fifteen (15) day period; provided, however, that f 00177973. D O CX J18 the Non -Defaulting Party may not terminate this Agreement pursuant to this Section 26 if the Defaulting Party cures the subject default within the applicable period described above, or has commenced and is diligently pursuing to cure such breach or default if the breach or default is not one that can be cured within fifteen (15) days. 27. Termination of Prior Agreement. Customer and Pinnacle CNG Company, predecessor in interest to Trillium, previously entered in to that certain Natural Gas Refueling Management and Maintenance Services agreement dated as of November 8, 2006 (the "Prior Agreement"). The Parties acknowledge and agree that the intent of this Agreement is, among other things, to amend and restate the terms of the Prior Agreement. Accordingly,, as of the Effective Date, the Prior Agreement is hereby terminated, restated, and replaced in its entirety with this Agreement. Notwithstanding the foregoing, any obligations of the Parties under the Prior Agreement which accrued prior to the Effective Date but remain unsatisfied shall carry on in accordance with Section 4.2(c) of the Prior Agreement. IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be signed by their duly authorized representatives, effective as of the date first above set forth. TRILLIUM TRANSPORTATION FUELS, LLC By: Name: Title: Date: The City of Beaumont By: Name: Title: Date: {00177973.DOCX;1}9 Exhibit A Operations and Maintenance Services REMD�TE MONITORIiNG SElR ICE70Jr CUR�t9bwFTER?'rTHE NEW EQUItiPMEVA NaiT�JUIPRAVDE x.- Company will provide 24 hour per day, 7 days per week remote monitoring of the Customer's Equipment, which includes the following activities: • Reviewing all station alarms and reset. • Reset remotely when possible according to manufacturer recommendations. • Notifying Customer's Designated Representative immediately when Equipment is inoperable or within twenty-four (24) hours, if Equipment is operable, but requires maintenance. • Responding to Customer calls to Company's 24/7 customer service line at 1-800-920-1166. • Maintain controls software (HMI upgrades, Windows patches, antivirus software, etc.). • Remote diagnostics and analysis of station performance. • Recommend corrective action to improve performance. • Manage internet/communication accounts and fees. TRANSACT ON MAN GEMEN — ERVICE TO OCCUR AFTER THE NEW EQUIP ENT UPGRADE Company will provide transaction management processing for customer fills at station. This includes the following activities: • Manage transaction management software (Comdata's Petroleader system). • Troubleshoot card failures and issues. • Provide access to Petroleader account. • Remote system resets and manual transactions. • Installation of software upgrades. • Pay annual software support fees. • Manage internet/communication accounts and fees. Customer will be responsible for the following: • Credit card or Fleet card merchant processing accounts and related fetes. {00177973.DOCX;1}10 Q,UIPMENT REPAr1RS & IVIAINiTi , Company will provide regularly scheduled Site inspections and Equipment maintenance by a trained technician according to the frequency noted below. This includes: • Full replacement of all damaged parts for the CNG station Equipment. • All routine and manufacturer recommended maintenance services for the CNG station Equipment including but not limited to those activities listed in the table below. Note that for purposes of the table, to the extent not included in a listed piece of Equipment, "Station" refers to every component of Equipment including, Facility Control Panels, Safety Systems and Electrical Gear. Customer will be responsible for the following: • Repair costs associated with damage to include parts and labor caused to the CNG station Equipment by CNG station users (i.e., drive-offs). Such repair Services will be completed by Company, but billed to Customer at the following rates: $95.00 per hour for labor; Cost plus 15% for parts. • Any landscaping, snow removal, trash removal, or temporary restroom maintenance services. Act ity Equipment reguenry Complete Station Check Report Station Weekly Visual Site Inspection Station Weekly Check fittings for Gas Leaks Station Weekly Monitor/Record Station Operating Parameters Station Weekly Check Equipment Fault History Station Weekly Check Dispensers for Gas Leaks Dispensers Weekly Check Hoses and Nozzles Dispensers Weekly Drain Filters from Dispensers Dispensers Weekly Check Frame Oil Pressure Compressor Weekly Check Frame Oil Level Compressor Weekly Check Lubricator Block Indicator Compressor Weekly Check Packing Vents Compressor Weekly Check for Gas Leaks Compressor Weekly Check for Oil Leaks Compressor Weekly Check Operating Pressures and Temps Compressor Weekly Check Lube Oil Level Compressor Weekly Check for Abnormal Noise Compressor Weekly Check for Abnormal Vibration Compressor Weekly Check and Confirm Safety Shutdown Function Compressor Monthly Lubricate Motors Compressor Monthly Lubricate Fan Bearings Compressor Monthly Service Air Dryer Air Compressor Monthly Check/Change Compressor Coalescing Filter Compressor 6 Months Check/Change Dispenser Coalescing Filters Dispenser 6 Months Change Air Compressor Oil Air Compressor 6 Months f 00177973. D O CX;1}11 Actiy 11! W� J, Ems' a -� � '� !Fre9 ncY r , Check/Drain Storage Vessels Storage 6 Months Check/Tighten Fan Belts Compressor 6 Months Change Oil- Filter Compressor 6 Mos or 4,000 hrs Change Oil (or as needed) Compressor 6 Mos or 4,000 hrs Check Crankcase for Foreign Material Compressor 6 Mos or 4,000 hrs Check/Re-Torque Base Bolts Compressor 6 Mos or 4,000 hrs Check/Replace High Pressure Piston Rings Compressor 6 Mos or 4,000 hrs Check Main Bearing Clearance Compressor Annual or 8,000 Hrs Check Crosshead Guide Clearance Compressor Annual or 8,000 Hrs Inspect/Replace Valves Compressor Annual or 8,000 Hrs Inspect Cylinder Bore Compressor Annual or 8,000 Hrs Inspect/Replace Piston Rings Compressor Annual or 8,000 Hrs Inspect/Replace Piston Rods Compressor Annual or 8,000 Hrs Rebuild Cylinder Packing Cases Compressor Annual or 8,000 Hrs Inspect/Re-align Coupling Compressor Annual or 8,000 Hrs Check/Record Rod Run Out Compressor Annual or 8,000 Hrs Check/Replace DNFT Compressor Annual or 8,000 Hrs Pressure Test Lubricator Distribution Blocks Compressor Annual or 8,000 Hrs Check all Compressor Safety Shutdowns Station Annual Check ESD Operation Station Annual Check all Station Shutdowns Station Annual Test Dispenser Hoses Dispenser Annual Check/Test Pressure Relief Valves Station Annual Check Auxiliary Gears and Chain Compressor 2 Yrs or 16,000 Hrs Rebuild Oil Wiper Cases Compressor 2 Yrs or 16,000 Hrs Check Main/Connecting Rod Bearing Clearance Compressor 4 Yrs or 32,000 Hrs Check Crosshead Guide Clearance Compressor 4 Yrs or 32,000 Hrs Check Crosshead Pin Bushing Compressor 4 Yrs or 32,000 Hrs Check Piston Ring Groove Compressor 4 Yrs or 32,000 Hrs Replace Main and Connecting Rod Bearings Compressor 6 Yrs or 48,000 Hrs Replace Lubricator Distribution Blocks Compressor 6 Yrs or 48,000 Hrs Replace Crosshead Bushings Compressor 6 Yrs or 48,000 Hrs {00177973.DOCX;1}12 Exhibit B Service Charge Pursuant to Section 3, the Service Charge shall be calculated as follows, plus any applicable sales or use taxes: Total Service Charge = Fixed Fee + Volumetric Fee, Where: "Fixed Fee" means a flat monthly fee in the amount and for the applicable portion of the Term set forth in the box below. "Volumetric Fee" means0.34 per Gasoline Gallon Equivalent ("GGE") of CNG dispensed at the Site during a calendar month. The Customer's monthly natural gas utility bills shall be provided._ to Trillium and will serve as the basis for this calculation. Year Amount owed per month 1-5 $0.34/GGE + $3,250 Fixed Fee 6-10 $0.34/GGE + $2,050, Fixed Fee *Third Party Customer Fee $0.0625/GGE * "Customer's Third Party Customers" means all customers of the Refueling Station other than Customer. {00177973.DOCX;1}13 Exhibit C Equipment Upgrade {00177973. D 0 CX;1114 Card Reader Replace existing stand-alone card reader and receipt printer with two (2) Comdata outdoor payment pedestals Controls and Upgrade existing Pinnacle controls system and PC -Charge Transaction transaction management system to one (1) Allen-Bradley Management Systems based controls system and one (1) Comdata transaction management system {00177973. D 0 CX;1114 Ifl BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Dr. Joseph Majdalani, P.E., Public Works Director MEETING DATE: September 19, 2017 REQUESTED ACTION: Council consider a resolution authorizing the execution of a revised Air Monitoring Site Agreement with the Texas Commission on Environmental Quality (TCEQ). BACKGROUND On December 8, 2015, City Council approved Resolution No. 15-263 authorizing the execution of a five (5) year Air Monitoring Site Agreement with an option to renew for a period of five (5) years with the Texas Commission on Environmental Quality (TCEQ). TCEQ has requested to amend the Air Monitoring Site Agreement with the City of Beaumont which permitted land located at 525 Royal Street to operate a continuous air monitoring station. The station originally required approximately 400 square feet (20x20) of ground space covered with a site pad. However, TCEQ has determined a 10 -meter weather tower will provide more accurate air monitoring data as compared to the previous 4.5 meter weather tower. The size and location of the site pad will not change just the size of the meter weather tower. The proposed method of monitoring is with a continuous air monitoring system housed in an aluminum shelter, plus auxiliary equipment outside the trailer that will include a 10 -meter weather tower. The trailer is environmentally controlled. TCEQ shall make repairs and/or replace any property damaged by the TCEQ's operations conducted at the site. The term of this Agreement is five (5) years from the date Agreement is executed, and at the end of the term, the Agreement automatically renews for an additional five (5) year period unless a written Notice of Termination is provided by either parties. 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 a five (5) year Amendment to the 525 Royal Street Air Monitoring Site Agreement, with an option to renew for an additional five (5) year period, with the Texas Commission on Environmental Quality (TCEQ) for the replacement of a 4.5 meter weather tower with the installation of a 10 meter weather tower. The Agreement is substantially in the form attached hereto as Exhibit "A" and made a part hereof for all purposes. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 19th day of September, 2017. - Mayor Becky Ames - Bryan W. Shaw, Ph.D., P.E., Chairman ,S�,CE 0� Toby Baker, Commissioner C Jon Niermann, Commissioner x Richard A. Hyde, P.E., Executive Director - Texas Commission on Environmental Quality Protecting Texas by Reducing and Preventing Pollution First Amendment to Air Monitoring Site Agreement 58216®61669 The City of Beaumont (hereafter the "Licensor") and Texas Commission on Environmental Quality (hereafter the "Licensee" or the "TCEQ") hereby agree to amend the Air Monitoring Site Agreement 582-16-61699, dated January 8, 2016 (the "Agreement' in accordance with Section 13 of the Agreement, as follows:. A. The air monitoring site located at 525 Royal Street. Beaumont, TX 77701 (the "Property") shall now be referred to as the "Beaumont — Mary Site" instead of the "Beaumont — Royal Site." B. Section 2 of the Agreement is replaced in its entirety with the following: The proposed method of monitoring is with a continuous air monitoring system housed in an aluminum shelter, plus auxiliary equipment outside the trailer, including a 10 -meter weather tower. The 10 -meter weather tower will provide more accurate air monitoring data as compared to the previous 4.5 -meter weather tower. The station requires approximately 400 square feet of ground space covered with a site pad (e.g., six inches of limestone). The trailer is environmentally controlled and contains instrumentation as deemed appropriate by the TCEQ as well as peripherals required for the proper operation of the instruments. C. Exhibit A of the Agreement is replaced in its entirety with the Exhibit A attached hereto. In consideration, the TCEQ shall provide the Licensor full access, via the TCEQ web page (http://wwwl7.tceq.texas.gov/tamis/index.cfm?fuseaction=report.site_list), to the monitoring information gathered by TCEQ from the enhanced air monitoring station situated at the Property. All other conditions and requirements of Air Monitoring Site Agreement 582-16-61669 remain unchanged. Beaumont -Mary Air Monitoring Site Agreement Page Y of 3 EXHIBIT "A" 582-16-61669 IN WITNESS WHEREOF, TCEQ and Licensor have signed this Agreement. Texas Commission on Environmental Licensor Quality By: By: Signature Richard C. Chism Printed Name Director, Monitoring Division Title Signature Printed Name Title Date Signed Date Signed Beaumont -Mary Air Monitoring Site Agreement Page 2 of 3 BOW • _ '�� "�y"~ ,,'-.1=,`�. +�..' , � .� .rte, i . � � ' 1 i': t �t.� " F i k t a- F � � j� ,�`r'•' -�},; ` ` ', " ` n•�� €4 6CrJ(�.T,J��p..` .A0. • jl. z`t ]lig#^ �r,1,_�F�•�'.Y�� tt , ; i•rf.i ST�jTi y�, .� �tv- �r � ��l♦ c.� � '` S .�'i —�` � �\_ pL�:� Imo_ �C..Pt. •f �. } { , ` �i=��1 �t ,m. -� l � Yi \ . — c c� �'�s� � f fir. '.. . •`,i, `L. RESOLUTION NO. 15-263 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 five (5) year Air Monitoring Site Agreement, with an option to renew for a period of five (5) years, between the City of Beaumont and the Texas Commission on Environmental Quality (TCEQ) to permit TCEQ to locate and operate a continuous air monitoring station on land located at 525 Royal Street. The Agreement is substantially in the form attached hereto as Exhibit "A" and made a part hereof for all purposes. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 8th day of December, 2015. Bryan W Shaw, Ph.D., P.E., Chairman C,SQ�T� Toby Baker, Commissioner �� Richard AL Hyde, P.E., Executive DirectorCO t� ` Vexes Commiission on Environmental Quality Protecting Texas by Reducing and Preventing Pollution Air Monitoring Site Agreement 552-16-61669 The City of Beaumont (hereafter the "Licensor") hereby agrees to permit the Texas Commission on Environmental Quality (hereafter the "Licensee" or the ".TCEQ") to locate and operate a continuous air monitoring station on land owned by the Licensor at 525 Royal Street. Beaumont, TX 77701 (the "Property"). 7n consideration for such permission, the TCEQ shall provide the Licensor full access, via the TCEO web pace (http://wwwl7.tceq.texas.gov/tamis/index.cfm?fuseaction=report.site list), to the monitoring information gathered by TCEQ from the air monitoring station situated at the Property. The term of this Agreement is five years from the date this Agreement is executed, and at the end of the term, this Agreement automatically renews for additional five-year periods thereafter, unless written Notice of Termination is provided by one of the parties. 1. Equipment Site ]Location at the Property ("the Site") The equipment is on the southwest corner of Neches St. and Craig St. seen in Exhibit A, with an address 525 Royal Street. Beaumont, TX 77701. 2. Air Monitoring Equipment The proposed method of monitoring is with a continuous air monitoring system housed in an aluminum shelter, plus auxiliary equipment outside the trailer, including a 4.5 -meter weather tower. The station requires approximately 400 square feet of ground space covered with a site pad (e.g., six inches of limestone). The trailer is environmentally controlled and contains instrumentation as deemed appropriate by the TCEQ as well as peripherals required for the proper operation of the instruments. 3. Provision for Utilities The TCEQ arranges and pays for phone and electrical installation and service. 4. Occupation of the Station The station is normally unmanned, except for routine maintenance visits by TCEQ staff, agents or contractors (except for visits described under Section 5, "Right of Access") occurring approximately twice a week. Beaumont -Royal Air Monitoring Site Agreement Page 1 of 4 582-16-61669 5. Might of Access The TCEQ, its employees, agents, and equipment service contractors have the right of ingress and egress to the property, during regular working hours and when issues related to the site arise, including equipment and utility malfunctions and emergencies, at the direction of the Licensor's or its staff maintaining or in possession of the property,. subject to the Licensor's property management policies and practices, and not inconsistent with the Licensor's primary use of the Property and other operations incident thereto. 6. Liability and Indemnity The TCEQ acknowledges that it is not an agent, servant, or employee of the Licensor, and that it is responsible for its own acts and deeds and for those of its agents, servants or employees to the extent provided by the Texas Tort Claims Act, Civ. Rem & Prac. Code ' Title 5 Chapter 101 (Vernon's 2000), provided the legislature appropriates funds to satisfy any such claims. Any provision in this Agreement creating a debt against the State is void ab initio. Further, in no way do the foregoing declarations waive the State's sovereign immunity. 7. Restoration of Property The TCEQ shall make reasonable repairs and/or replace any property of the Licensor damaged by the TCEQ's operations conducted at the Site, to the extent funds are made available by the Texas Legislature for such purpose. Upon removal of the TCEQ equipment, and at the request of the Licensor, the TCEQ shall restore the Site to the condition it was in prior to the installation of the monitoring equipment, to the extent funds are made available by the Texas Legislature for such purpose. If the Licensor requests that TCEQ leave any items in place, such as the site pad, the Licensor will be solely responsible for the items left in place, in the condition that they are left in place. 8. Equipment to Remain the Property of the TCEQ All equipment installed at the Site to support TCEQ's air monitoring operations (whether or not said equipment constitutes a fixture under Texas Property Code) shall remain the property of the TCEQ. 9. Notice of Termination If the Licensor wishes to terminate this Agreement and reclaim possession and use of the Site, the Licensor shall give the TCEQ 45 days written Notice of Termination. Under such circumstances.. Licensor shall make a reasonable effort to assist TCEQ in locating an alternative Site in the general vicinity. The TCEQ may also terminate this Agreement upon 30 days written notice to the Licensor. 10. Removal of Equipment Within 60 days of receiving Notice of Termination of this Agreement, the TCEQ shall remove any equipment placed at the Site pursuant to this Agreement and restore the site to the condition it,vas in prior to the installation of the equipment as agreed to above. Beaumont -Royal Air Monitoring Site Agreement Page 2 of 4 582-16-61669 11. Sovereign Immunity The parties agree that by entering into this Agreement sovereign immunity is not being waived by either party as to suit, liability, and/or the payment of damages. The parties agree that all claims, -suits, or obligations arising under or related to this Agreement are subject and limited to the availability of funds appropriated by the Texas legislature or the governing body of Licensor for that respective claim, suit, or obligation. 12. Severability. The fact that a particular provision is held under any applicable law to be void or unenforceable in no way affects the validity of other provisions and the Agreement will continue to be binding on both parties. Any provision that is held to be void or unenforceable will be replaced with language that is as close as possible to the intent of the original provision. 13. Entire .Agreement This Agreement constitutes the entire agreement of the parties as to the subject matter contained herein and may not be changed, modified, discharged, or extended except by written instrument duly signed by both of the parties. IN WITNESS WHEREOF, TCEQ and Licensor have signed this Agreement. Texas Commission on Environmental Quality By: Signature ',,�2ichard C. Chism u_ Printed Name Director, Monitoring Division Title Date Signed Licensor By: Signature }�� L L% Y G s Printed Names Title ` "f Date Signed Beaumont -Royal Air Monitoring Site Agreement Page 3 of 4 _ 4 , , CL 110 ' ep. `r• 11 :9--t a `-i Y 1'q -'r ..'r }/ • . ..� • - ,( 11th G F• - - i r Y ! 3 f_ti TL.iL"23®C.-�+.�� ' Ic r TZ BEAUMONT TEXAS REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS SEPTEMBER 19, 2017 1:30 P.M. FEW 0400 I CALL TO ORDER * Invocation Pledge Roll Call * Presentations and Recognition * Public Comment: Persons may speak on scheduled agenda items 8-11/ Consent Agenda * Consent Agenda Cl���i�7��: _ _ly ►1 �f.X� Consider a request for a rezoning from NC (Neighborhood Commercial) to GC MD (General Commercial -Multiple Family Dwelling) or a more restrictive zoning district for property located at 5250 Helbig Road 2. Consider a request for a rezoning from NC (Neighborhood Commercial) to RM -H (Residential Multiple Family -Dwelling -Highest Density) for property located at 1698 Franklin Street 3. Consider a request for a rezoning from RS (Residential Single Family Dwelling) to LI (Light Industrial) and a Specific Use Permit to allow a Recreational Vehicle Park for property located on the southeast side of the 6100 block of Fannett Road 4. Consider a request for a Specific Use Permit to allow apartments in a GC -MD -2 (General Commercial -Multiple Family Dwelling) District for property located at 7155 Calder Avenue 5. Consider a request for a Specific Use Permit to allow a new elementary/secondary school in an RM -H (Residential Multiple Family Dwelling Highest Density) District on the South side of Park North Drive 6. Consider a request for a Specific Use Permit to allow a gaming site in an NC (Neighborhood Commercial) District for property located at 190 N. 23`d Street 7. Consider a request for a Specific Use Permit to allow retail, offices and restaurants in a GC -MD -2 (General Commercial -Multiple Family Dwelling) District for property located at 4490 Crow Road Consider approving an ordinance allowing the parking and occupancy of Recreational Vehicles (RVs), manufactured and industrialized housing as temporary living quarters within residential districts, while the damage to their property caused by Hurricane Harvey is being repaired 9. Consider authorizing the City Manager to award a bid to LD Construction, of Beaumont for the Calder Avenue Asphalt Resurfacing Project from Arlington Drive to Phelan Boulevard 10. Consider authorizing the City Manager to award a bid to ALLCO, LLC, of Beaumont for the Bigner Road Asphalt Resurfacing Project, from Roland Road to East Lucas Drive 11. Consider authorizing the City Manager to award a bid to C1eanServe, LLC, of Pearland, Texas for the Sanitary Sewer Evaluation Work Order Contract PUBLIC HEARING * Receive comments on the 2017 (FY 2018) proposed tax rate EXECUTIVE SESSION * Consider matters related to contemplated or pending litigation in accordance with Section 551.071 of the Government Code: Ashley Scott v. City of Beaumont and Chief Anne Huff; Cause No. B- 198,422 COMMENTS * Public Comment (Persons are limited to 3 minutes) * Councilmembers/City Manager comment on various matters Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact Kaltrina Harbuzi at 880-3777. D September 19, 2017 Consider a request for a rezoning from NC (Neighborhood Commercial) to GC MD (General Commercial -Multiple Family Dwelling) or a more restrictive zoning district for property located at 5250 Helbig Road BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Chris Boone, Planning & Community Development Director MEETING DATE: September 19, 2017 REQUESTED ACTION: Consider a request for a rezoning from NC (Neighborhood Commercial) to GC -MD (General Commercial -Multiple Family Dwelling) or a more restrictive zoning district for property located at 5250 Helbig Road. BACKGROUND Eco -Site is requesting a rezoning from NC (Neighborhood Commercial) to GC -MD (General Commercial - Multiple Family Dwelling) for the property located at 5250 Helbig Road. The property is currently occupied by a church. The NC (Neighborhood Commercial) District, is primarily intended for retail sale of convenience goods or personal services primarily for persons residing in adjacent residential areas. GC -MD (General Commercial - Multiple Family Dwelling) Districts, is specifically intended for commercial development. The property is surrounded by residential zoning districts and residential development. GC -MD zoning would be incompatible with other zoning in the area and would leave the property susceptible to development that could be harmful to surrounding properties. The purpose of the proposed rezoning is to accommodate a cell tower. If the property were to be rezoned to GC -MD, a Specific Use Permit would still be required to allow a cell tower at this location. This use is not compatible with the residential neighborhood. In addition, the ordinance requires a 200' setback from residential zoning for a cell tower. In order to install a cell tower at this location a variance would be required for this setback requirement. At a Joint Public Hearing held on August 21, 2017, the Planning Commission recommended 5:3 to deny a request for a Rezoning from NC (Neighborhood Commercial) to GC -MD (General Commerical -Multiple Family Dwelling) or a more restrictive zoning district for property located at 5250 Helbig Road. FUNDING SOURCE Not applicable. - RECOMMENDATION Denial of the ordinance. - -- EasicA- APPLICATI®N FOR AMENDMENT OF THE ZONING ORDINANCE BEAUMONT, TEXAS (Chapter 28, City Codes) TO: THE PLANNING COM[vIISSION AND CITY COW' CIL, CITY OF BEAUMONT, IT�EXAS a 1 APPLICANT'S NAME AND ADDRESS: �� D 1 � ` t� (a0a'�f(�5'.- ��So FAX #: APPLICANT'S PHONE T: NAME OF OVSTTER: ADDRESS OF OWNER - LOCATION LOCATION OF PROPERTY,-=. LEGAL DESCRIPTION OF PROPERTY: LOT NO{ A- BLOCK NO. ADDITION__ NUMBER OF ACRES -T' OR TRACT PLAT J J SURVEY r NUMBER OF ACRES "'1 C� For properties not in a recorded subdivision, submit a copy of a current survey or plat showing the properties proposed to be changed, and a complete legal field note description. CURRENT ZONING DISTRICT: ZONING DISTRICT REQUESTED: HAS THE REQUEST BEEN 3MADE BEFORE? o IF SO, DATE: ACTION: SUBMIT A LETTER STATING REASONS FOR REQUEST, ATTACH THE APPROPRIATE APPLICATION FEE: LESS THAN 1/2 ACRE...........................................................$250.00 1/2 ACRE OR MORE AND LESS THAN 5 ACRES.............$450.00 5 ACRES OR MORE...............................................................$650.00 I HEREBY ACKNOWLEDGE THAT THE APPLICATION IS MADE FOR THE REQUESTED DISTRICT ORA MORE RESTRICTIVE DISTRICT. SIGNATURE OF APPLICANT: L-- DATE: �-2,0-j r _ SIGNATURE OF OWNER (IF NOT APPLICANT):— PLEASE TYPE OR PRINT AND SUBMIT FILE NUMBER: DATE RECEIVED: RECEIPT NUMBER: PLANNING DIVISION, ROOM 201 CITY HALL, 801 MAIN STREET BEAUMONT, TX 77701 P.O. BOX 3827 77704 (409)880-3764 FAX (409) 880-3133 June 28, 2017 Chris Boone Planning Commission P O Box 3827 Beaumont, Texas 77708 Re: Request for Re -Zoning New Faith Holiness Church 5250 Helbig Road Beaumont, Texas 77708 (409) 409-291-2206 Dear Mr. Boone: We, the members of New Faith Holiness Church, are requesting a zoning change for the above mentioned property which is currently a Neighborhood Commercial zone, and we would like to have it changed to a Commercial zone. In which no adverse or negative repercussions are anticipated for the current residents in that area. We have plans to build on the property a Fellowship Hall for serving under privilege adults and children. We are looking to manufacture to serve food, give clothing and personal items to the needed. Also, in the Fellowship Hall will be class rooms for teaching foreign language, Arts and Crafts, Teaching young mothers to care for young children; GED classes and Basic Computer Classes. The Commercial zone will allow us to utilize the space in an appropriate and responsible manner. We at New Faith Holiness Church look forward to serving our community in the future and consideration from the Planning and Zoning Commission to re -zone the property. Respectful Submitted, &AI S). Phillip Ba ties, Sr. Presiding Pastor RE -ZONING JUSTIFICATION Eco -Site in combination with T -Mobile request that the New Faith Holiness Church property be re -zoned from Neighborhood Commercial (NC) to General Commercial. Eco-Site/TMO have a desire to provide much needed coverage to this under serviced area —the search area is mainly residential with a small amount of NC to the SW. Eco -Site approached New Faith Holiness Church, we spoke with the Pastor Phillip & his wife, Sandra Battles. The Church has a very large parcel that backs up to a bayou/waterway along the Eastern edge and also has a exisiting Entergy Power Sub Station at the very far Northern edge of his parcel as well. RE -ZONING JUSTIFICATION, coN'T The Church is very interested in moving forward with leasing space to Eco -Site to build a 100' monopole tower. The Church has a small ministry that could use the funds from the 30 year lease to support their efforts to expand their outreach to the Community. The Church reached out to their local Councilman, Mr. Audwin Samuel to inquire about the possibility of re -zoning the parcel and he felt that the City might consider a favorable vote to re -zone. Included is a letter from the Pastor to further define their request and to better define their plans for the future. RE -ZONING JUSTIFICATION, corv"r Eco -Site approached the New Faith Holiness Church, we spoke with the Pastor Phillip & his wife, Sandra Battles. They church has a very large parcel that back up to a bayou/waterway along the Eastern edge and also has a Entergy Power Sub Station at the very far Northern edge of his parcel as well. Finally, included for reference is two propagation maps generated by the RF Engineering Department of T -Mobile. One map defines the current "lack of coverage/hole" in the area without the tower and the other is the coverage with the tower. 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EY• A-1 _ m Rrwr• . :•x..:11. :uAPE7SOP, CC:l..•rr• ;EFAS aGc[:s W LWYr L.nZMb, SuS.G) C[:CA•x)nr (,Z :PLt,D) . .r errvM.•e.-"•err.r••ww„rc' � aixw:.r•vx •le.11••In.r n t^.•'r.": aura [m^^ro%..a:.`_'.µr:.; w_w h ~ wtm,wur w M . aVr _.a irk-`%°°rf�, . w. ac rt•rrtr^r Ui,nii,Mr n;�eiw arrrn _ � axu+r•l•^v "::."^""GYM �u.awe :.n •wfv • •'r^lrlf ,r'� •, _ ur to r• fLi4 a.pi,�ie`. f.w r•u .c+auM .;wt.r�.�...� i.• w � „wr.�l•s, u.• m.. r.. yiJ • is.•.«ru.., Sl — �1•,� mxnHwrr_ '••nili•+�•Mlr..••••r��riru� Mm T -Mobile Wireless Service Propagation Maps No Text No Text T -Mobile Drive Test Map 5\ k, Rose im Rolmd Rd Pm P,taida Rd 5't c - •. �^ ::dad. .'; �ert.n �� 1$�I:r, Lie Pit!'sE( Beclumant Cr t ♦y 7 ��, },�� G Luca., Or c :ye5s 'q Qmomdawn ,1 T�i.rJa_h:n�1i •-1 i '°� .�1CC}f4f ,�, Kc t l�ainvaySt :96. ` Le Sall e SL Jl.el.snt r,� (y,C+JT.i O °y 6!4 • le7 � °t.'.J� e '\Fd�lton 5't ki a Arthur S1 L dlilt 51 �v `SzNn F R FL �'' L"L�reLl�!!i FI 4: y. VA i I:iil?E • - �', 875'' .1 �� • � �� Wllt�,�.c �� E co} - S i #�� RE -ZONING REQUEST, coN'r (B) The granting of the re -zoning would: (i) result in substantial justice being done; Eco -Site feels that granting this request to re -zone will allow the neighborhood to have increased access to wireless phone service, including enhanced E-911 service and by minimizing the style of the tower, the intent and spirt of the Regulations will be met and substantial justice offered to the community as we as the applicant. In an effort to stay within the intent of City of Beaumont Regulations, Eco -Site has situated the tower as close to Commercial properties as possible; and as far from Residential as possible based upon the constraints for an area lacking in cellular service/coverage. Eco -Site proposes a monopole style tower to minimize the impact visually while still providing the much needed service to Residents and all our First Responders who service this area. (ii) not be contrary to the public interest; The granting of the requested re -zoning would actually be in the public interest as the proposed cellular phone transmission site is designed and intended to provide enhanced phone communications to the surrounding neighborhood which has been historically underserved as regards to cellular phone coverage as well as providing E-911 call service within the neighborhood and along the Hwy 59 corridor. As the majority of E-911 calls are now made from cellular phones, having increased and improved high speed voice and data capabilities as well as enhanced E-911 service in this neighborhood is very much in the public's interest. (iii) be in accordance with the spirit of the Regulation; Eco -Site and T -Mobile always strive to follow all Regulations/Ordinances of any jurisdiction to minimize the impact to all our neighborhoods, Commercial or Residential. Eco -Site have worked diligently to locate a suitable location to meet Regulations while also addressing the requirements from Engineering, Leasing, Land Use and Construction. The challenge to locate a suitable parcel 300' from a Residential Zone proved extremely difficult within the search parameters. Our current location, does not meet the setback requirement however the current useage of the property along with much of the other usage would seem to support our request in this instance to re -zone this parcel to allow a tower. ��Site., LLC Thank you for your Consideration 0 We Respectfully Request Approval to Re -Zone this property. E c -S i t j� 4. ,,`,� u• "x x `'tJ",'�e" ?i aa r-3fi+',s t iY'Y �yftr ?x}•j�V {�.�C•JT€[��r,w � ([X•' �7 - . .e- *3+ �. i.x'M',M�•n;_., S' I *Y ,. �^�j4"�•. s4A rz}d,ws"� S - F �e t3;"yp;,�} yrY� k��+w �t • • }. �' r-. dr,,.! 'r {• , e vy,. y� %*` 1 w r 9.'moi 4 a:�.��,®ym_ 4- . IF. sWE— WON '' i '\.T ,.,� •t��l,-� �"" , , �'�Il �';M r� y ,� �} �tw� �a ` gS,: �' Yikt_..i q �_�' � � � •✓� � �, �t yy � � j'? y r e✓ ''��, t t � �- . ,o � 5I ��, � s' � -n � t +�' t 1� •. ,.-el �,`�' a `' ♦ � tyS 1 �� N �F"2,� �F (yt �'+ ' � .Y.�•- ." i „'��'.s �., nCp.p,'' .J.7� w,•� ;C�' +a€ Fy.��'•`J+.+V.'j ♦ �y� � . Jr 14. s� i ti<;�i,- ,` +\ ''` s.'F ,, yv'#. t !�'•iE•�t .�, }4 , r y%+- 7 ,. "",;.%{'y$ICt�"s 1 {li''\ j t]I ., t 1.. ' a"; rvt'+H � c *My ahk�6s as 4 ♦.r ,v{ r?� �t ``•$;,� %�- 7 '�,..s k '�' \l\ k� � 1 e�h¢3j•1 [ r � 4 ,'a yb .J dc, t ftt t 4 Y,,.y ire :� a .• �{ ' 1�,;��.�i..♦�, ... - �t `_ � - - 1 � I � y :F •� .r.. y e � 'h ids,` � y � y+: e '�, � a�''�-� � �. '� S '�I �':�{ i � ,H ._ ,x'Y \" ,g,���i �11. � is '� �. �v'' "�- �'•a , *W_ T 'f" 1 E` t^''Y �•'�/.,t t'� x`a' ,�s,-�c�rE`�j ' tt�♦ '1 'r �gEY'Ixr Zj.` F L f S i a �` i°s ` 'k .�.rf:... 4/1 if WCS.':.'. ",k.;., •..r`. - �m R'O 7. Ta .Fti�c,.k ' , 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 NC (NEIGHBORHOOD COMMERCIAL) DISTRICT TO GC -MD (GENRAL COMM ERC IAL -MU LITPLE FAMILY DWELLING) DISTRICT FOR PROPERTY LOCATED AT 5250 HELBIG ROAD, 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 changing the zoning of property presently zoned NC (Neighborhood Commercial) District to GC -MD (General Commercial -Multiple Family Dwelling) District for property located at 5250 Helbig Road, being Plat D21, Tract 85-B, F. Bigner Survey, Beaumont, Jefferson County, Texas, containing 3.96 acres, more or less, as shown on Exhibit "A," attached hereto, 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. The meeting at which this ordinance was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 19th day of September, 2017. - Mayor Becky Ames - -�yai r;Mr, ,sWWI �. r + _ v, •'"tts _ i '^� `'i a- --�` % 'fir.. `is, t"�' -,>- c^ C� et, Com'.' 1. r moi- n > •'„ `i ti, {' c 't�'. .i o �{...T� r --_ {jam' . ,� c,. • q� r. 4 t all I— :W2. 2"�-,.4 tih _;r��.. rf' -t � ti a� ��'! y, �c,L `G Y ♦ r ' xe'rd �,t%?,� o �s r - ,� �` w r � as , �..r, s�'� e -'*�. � ri `����.��^Yt 1 41 ��yJa�.'t+ �-c�� �, r � 7 r--r��7 { � ,('7 r r �N r;} . x s•R �. ay- '`+ . t] Ht -. : \ z i. ,_i{ r __ f 1.„... �,x: a 55.1.` - 4�L,�,r � f.¢�rir.�_S�•' � ;t ,t, a .� � lq� ��..+ T �� `q t 4 z:._ ElY'r'� `r e v � �r �.•q '` 3' � f '�'.—'-•-:--` �� F l fr`�' � r � �'�Tp>,��1�� �.,,F S - / e�: � � �h��� •sats - .- �tR \ + � �, • i `� 9 G a a � e L a ♦� - 1-.�-.�..�� �" , �` }l4 � rP'yAa AyP;�' /!4 A! •'.."t `� <. ; �'^ L. � '. H r ,*.i FJC �� 1 s � ``� - Y 4 o cA� �` o` e` l a • ». � x � .: �I`• N+ _T� v ,�. _ - ,..� - 'Y� ��ti °, r ,, s, ,t,8°asp». a /� Ja• ;' a ' I y 1 i ,�[k, o �H� T �_;. °I '3 sCz � sr•, s p r *' 1 , +�,�°z,t .✓r'_ a x '�-,F! OKI' .�.T - . ' > �-`a �+ �. �.r; , , � ._St .�;-j. •�'d > % � ;-3. +`mss,' � ,�%' ^ ' � J�y. jj`7,��_ � { ��- .:`p'�" _ ,�.�, - / �.�t 3.-��..ra�r k��� n i.. r �-. k � � � �. t+•�" - `, � �o4't. 4', 2 September 19, 2017 Consider a request for a rezoning from NC (Neighborhood Commercial) to RM -H (Residential Multiple Family -Dwelling -Highest Density) for property located at 1698 Franklin Street BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Chris Boone, Planning & Community Development Director MEETING DATE: September 19, 2017 REQUESTED ACTION: Consider a request for a rezoning from NC (Neighborhood Commercial) to RM -H (Residential Multiple Family -Dwelling - Highest Density) for property located at 1698 Franklin Street. BACKGROUND Alfredo Francisco would like to rezone the property at 1695 Franklin Street to RM -H (Residential Multiple Family Dwelling - Highest Density) District. The property is currently zoned NC (Neighborhood Commercial). Although the property is zoned commercial, a new house was recently constructed on the property. The zoning ordinance states, "The limitations on nonconforming uses in section 28.04.005(c), shall not apply to any residential use existing at the time of the adoption of this chapter." The NC zoning of the property is now creating issues for the property owner as the setback requirements are more restrictive than in a residential zoning district. Rezoning the property will allow the property owner to construct a new storage building and meet setback requirements. At a Joint Public Hearing held on August 21, 2017, the Planning Commission recommended 8:0 to approve a request for a rezoning from NC (Neighborhood Commercial) to RM -H (Residential Multiple Family Dwelling -Highest Density) for property located at 1695 Franklin Street. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of the ordinance. APPLICATION FOR AMENDMENT OF THE ZONING ORDINANCE BEAUMONT, TEXAS (Chapter 28, City Codes) TO: THE PLANNING COMMISSION AND CITY COUNCIL, CITY OF BEAUMONT, TEXAS APPLICANT'S NAME AND ADDRESS: �i � ,�j �� "-0 APPLICANT'S PHONE #: `7 �� E SiJ�DD FAX #: NAME OF OWNER: Ili \&A ADDRESS ADDRESS OF OWNER; LOCATION OF PROPE] LEGAL DESCRIPTION OF PROPERTY: LOT NO. % OR BLOCK NO.- 3 ADDITION 1AA pZ NUMBER OF ACRES 0. a-7 G TRACT PLAT SURVEY NUMBER OF ACRES For properties not in a recorded subdivision, submit a copy of a current survey or plat showing the properties proposed to be changed, and a complete legatfield note description. CURRENT ZONING DISTRICT: - ZONING DISTRICT REQUESTED:, HAS THE REQUEST BEEN MADE BEFORE? IF SO, DATE: ACTION: SUBMIT A LETTER STATING REASONS FOR REQUEST. ATTACH THE APPROPRIATE APPLICATION FEE: LESS THAN 1/2 ACRE...........................................................$250.00 1/2 ACRE OR MORE AND LESS THAN 5 ACRES ......... ..$450.00 5 ACRES OR MORE...............................................................$650.00 I HEREBY ACKNOWLEDGE THAT THE APPLICATION IS MADE FOR THE REQUESTED DISTRICT ORA MORE RESTRICTIVE DISTRICT. SIGNATURE OF APPLICANT: DATE: SIGNATURE OF OWNER (IF NOT APPLICANT):_ PLEASE TYPE OR PRINT A,hD-90BMIT TO: FILE NUMBER: DATE RECEIVED: RECEIPT NUMBER: PLANNING DIVISION, ROOM 201 CITY HALL, 801 MAIN STREET BEAUMONT, TX 77701 P.O. BOX 3827 77704 (409) 880-3764 FAX (409) 880-3133 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 CHANGING THE ZONING OF PROPERTY PRESENTLY ZONED NC (NEIGHBORHOOD COMMERCIAL) DISTRICT TO RM -H (RESIDENTIAL MULTIPLE FAMILY DWELLING -HIGHEST DENSITY) DISTRICT FOR PROPERTY LOCATED AT 1698 FRANKLIN STREET, BEAUMONT, JEFFERSON COUNTY, TEXAS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That Chapter 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 NC (Neighborhood Commercial) District to RM -H (Residential Multiple Family Dwelling -Highest Density) District for property located at 1698 Franklin Street, being Lots 11 & 12, Block 3, Blanchette 2nd Addition, Beaumont, Jefferson County, Texas, containing 0.2709 acres, more or less, as shown on Exhibit "A," attached hereto, 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. The meeting at which this ordinance was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 19th day of September, 2017. - Mayor Becky Ames - GJA 6-4 T7 y \\ .!R�f + ply `�- � - • 3�%- � h \§-� 3 @,. � j r u F • • �il�,fa } �.. X333'"' 3i. �t r•'�r ` .4i rz; ttyy h stiff ��.tl � tri.., � �: �- /' �, ('� ♦off yC'F . -'ti ! � £i �yif 1 , '1 -, • d `fir -+� f 'z ` t•, ti-"��'`� �i\ �� t" `p� '\•� `fit '� ��`1 �� � �w '� ���\ ! 47' �'� _C�' h � � "\ +. \?�� � 12.f H- --t'h `ori ' t, \ i, � � !` -!?''`-, ���� M�,c,F�„t• F �qi: L i `'��C.,: +'�i ! *�'.1� ''•�'�' ,w � .' _Sn J o9@®rar PaJ�d . �� •,!Q t+.+- r 3 fy Js ` e R-o(}•tA;ti�t� ' �N \ 1. n �' -� ��bl- � t\�� dt6B,� \ .� � t `•S£f � � �, I T rc,�. � � - � • '" r-, . - y ,,.. „� y� •ti c� R�{. 4¢�'r � � �',��Cr� �\4,y -.�j r-` , c• `.V` +� y�}7- •� yib S.':: f'M, ,5 .. 1 L'r 0-1 Yi ��� • �� - �' ,� ' •'r'�-ate ��' > � - - •� �f !�- ' '! ,` � i. �j ti� !` p+V� �f � � � �� � 'Y« ,�,�.- -� r a �-o ��,,,�v;; '" f. � '�t-' •°`,w Vist=a t �� ;�m„�,; A�l> 9._ .,l,. di•'A _.'� 1 '\ Wrl,�G�}'fi�UtYAA!—U U _,,, t. •. 5"4'. K, September 19, 2017 Consider a request for a rezoning from RS (Residential Single Family Dwelling) to LI (Light Industrial) and a Specific Use Permit to allow a Recreational Vehicle Park for property located on the southeast side of the 6100 block of Fannett Road BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Chris Boone, Planning & Community Development Director MEETING DATE: September 19, 2017 REQUESTED ACTION: Consider a request for a rezoning from RS (Residential Single Family Dwelling) to LI (Light Industrial) with a Specific Use Permit to allow a Recreational Vehicle Park for property located on the southeast side of the 6100 block of Fannett Road. BACKGROUND Olues Olivier is requesting a rezoning from RS (Residential Single Family Dwelling) to LI (Light Industrial) with a Specific Use Permit to allow an Recreational Park on property located along the southeast side of Fannett Road in the 6100 block. The proposed RV park would consist of 150 units. Property to the south and across Fannett Road to the west is zoned LI. Therefore, the proposed zoning is consistent with property in the area. Sewer lines will need to be extended to the property by the applicant. Drainage has the potential to be an issue, and must be addressed in the design phase. At a Joint Public Hearing held on August 21, 2017, the Planning Commission recommended 6:2 to deny a request for a Rezoning form RS (Residential Single Family Dwelling) to LI (Light Industrial) with a Specific Use Permit to allow a Recreational Vehicle Park for property located at the southeast side of the 6100 block of Fannett Road. FUNDING SOURCE Not applicable. RECOMMENDATION Denial of the ordinance. Mail - Adina.Josey@Bea=ontTexas.gov RE: 2307-Z/P Doug Canant <dscanant@dd6.org> Mon 8/7/2017 3:37 PM To:Adina Josey<Adina.Josey@BeaumontTexas.gov>; Jefferson County Drainage District No. 6 offers the following comments to the Grand Texan RV Ranch. Page 1 of 1 1. The back portion of the site (The part that can't or won't drain to the SH124 Road Ditch) may be drained into the DD6 ditch 200-B2 according to our standard specification. 2. A detention basin must be constructed that limits the developed 100 year peak flowrate to be no greater than the existing conditions 100 year peak flowrate. Thank You .Doug Doug Canant PE RPLS CFM District Engineer Jefferson County Drainage District No. 6 P 409-842-1818 F 409-840-5773 From: Adina Josey[mailto:Adina.Josey@BeaumontTexas.gov] Sent: Wednesday, August 02, 2017 12:41 PM To: SUP<adinajosey@ Bea umontTexas.onmicrosoft.com> Subject: 2307-Z/P Please review and, if necessary, respond by 8/15/2017: Thank you, Adina You're receiving this message because you're a member of the SUP group from City of Beaumont. To take part in this conversation, reply all to this message. View group -files I Leave group I Learn more about Office 365 Groups 1.,++--.H-4.1-1- �F .< /.«.�/O.o.1.�.-1.o.�.<a �..++ov�< n.�< Prov<n«1-1Rrll_nn-1AQ1R—A-A=/1 2/7/7(117 APPLICATION FOR AMENDMENT OF THE ZONING ORDINANCE BEAUMONT, TEXAS (Chapter 28, City Codes) TO: THE PLANNING COMMISSION AND CITY COUNCIL, CITY OF BEAUMONT, TEXAS APPLICANT'S NAME AND ADDRESS: Olues Olivier APPLICANT'S PHONE #: 409-835-5011 FAX #: 409-835-5177 NAME OF OWNER: Tytex Properties, Ltd. ADDRESSOFOWNER: 6363 Woodway Dr, Suite 875, Houston, TX 77057-1759 LOCATION OF PROPERTY: Fannett Road LEGAL DESCRIPTION OF PROPERTY: LOTNO. 52 through 57, 61 .& 62 OR TRACT BLOCKNO. Unit D ADDITION Tyrrell Park NUMBER OF ACRES —f�35 •SI PLAT Volume 5, Page 173 SURVEY NUMBER OF ACRES For properties not in a recorded subdivision, submit a copy of a current survey or plat showing the properties proposed to be changed, and a complete legal field note description. CURRENT ZONING DISTRICT: Residential — Single Family ZONING DISTRICT REQUESTED: Light Industrial HAS THE REQUEST BEEN MADE BEFORE? No IF SO, DATE: ACTION: SUBMIT A LETTER STATING REASONS FOR REQUEST. ATTACH THE APPROPRIATE APPLICATION FEE: LESS THAN 1/2 ACRE...........................................................$250.00 1/2 ACRE OR MORE AND LESS THAN 5 ACRES.............$450.00 5 ACRES OR MORE...............................................................$650.00 I HEREBY ACKNOWLEDGE THAT THE APPLICATION IS MADE FOR THE REQUESTED DISTRICT OR A MORE RESTRICTIVE DISTRICT. SIGNATURE OF APPLICANT: DATE: Z3 Zo/7 SIGNATURE OF OWNER: PLEASE TYPE OR PRINT AND SUBMIT TO: PLANNING DIVISION, ROOM 201 CITY HALL, 801 MAIN STREET BEAUMONT, TX 77701 FILE NUMBER: P.O. BOX 3827 77704 DATE RECEIVED: (409) 880-3764 RECEIPT NUMBER: FAX (409) 880-3133 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 LI (LIGHT INDUSTRIAL) DISTRICT FOR PROPERTY LOCATED ON THE SOUTHEAST SIDE OF THE 6100 BLOCK OF FANNETT ROAD, 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 changing the zoning of property presently zoned RS (Residential Single Family Dwelling) District to LI (Light Industrial) District for property located on the Southeast side of the 6100 block of Fannett Road, being Lots 52-57 & 61-62, Unit D, Tyrrell Park Addition, Beaumont, Jefferson County, Texas, containing 35.51 acres, more or less, as shown on Exhibit "A," attached hereto, 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. The meeting at which this ordinance was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 19th day of September, 2017. - Mayor Becky Ames - Ile 2307-Z/P: A request for a Rezoning from RS (Residential Single Family welling) to LI (Light Industrial) with a Specific Use Permit to allow a Recreational ehicle Park. Olues Olivier The southeast side of the 6100 block of Fannett Road o zoo 400 1 ► 1 1 Feet EXHIBIT "A" SPECIFIC USE PERMIT APPLICATION BEAUMONT, TEXAS (Chapter 28, City Codes) TO: THE PLANNING COMMISSION AND CITY COUNCIL, CITY OF BEAUMONT, TEXAS APPLICANT'S NAME: Olues Olivier APPLICANT'S ADDRESS: P.O. Box 16, Beaumont, TX 77704 APPLICANT'S PHONE #: 409-835-5011 FAX #: 409-835-5177 NAMEOFOWNER: Tytex Properties, Ltd. ADDRESSOFOWNER: 6363 Woodway Dr, Suite 875, Houston, TX 77057-1759 LOCATION OF PROPERTY: Fannett Road LEGAL DESCRIPTION OF PROPERTY: LOTNO. 52 through 57, 61 & 62 OR BLOCKNO. Unit D ADDITION Tyrrell Park NUMBER OF ACRES 40 acres TRACT PLAT Volume 5, Page 173 SURVEY NUMBER OF For properties not in a recorded subdivision, submit a copy of a current survey or plat showing the properties proposed for a specific use permit, and a complete legal field note description. PROPOSED USE: Type "C" RV Park ZONE: ATTACH A LETTER describing all processes and activities involved with the proposed uses. ATTACH A SITE PLAN drawn to scale with the information listed on the top back side of this sheet. ATTACH A REDUCED 8 ''/:" X 11" PHOTOCOPY OF THE SITE PLAN. THE EIGHT CONDITIONS listed on the back side of this sheet must be met before City Council can grant a specific use permit. PLEASE ADDRESS EACH CONDITION IN DETAIL. ATTACH THE APPROPRIATE APPLICATION FEE: LESS THAN % ACRE.................................................................$250.00 ACRE OR MORE AND LESS THAN 5 ACRES...................$450.00 5 ACRES OR MORE...................................................................$650.00 I, being the undersigned applicant, understand that all of the conditions, dimensions, building sizes, landscaping and parking areas depicted on the site plan shall be adhered to as amended a proved by Ci cil. SIGNATURE OF APPLICANT: �� DATE:/Z3/ZO� SIGNATURE OF PLEASE TYPE OR PRINT AND SUBMIT TO: FILE NUMBER: DATE RECEIVED: CITY OF BEAUMONT PLANNING DIVISION 801 MAIN STREET, ROOM 201 BEAUMONT, TX 77701 Phone - (409) 880-3764 Fax - (409) 880-3133 TE: ************************************************************************************************************************ PLEASE MAKE NOTE ON REVERSE SIDE OF CONDITIONS TO BE MET REGARDING THE SITE PLAN AND LETTER OF PROPOSED USES AND ACTIVITIES. Houston MEHAFFYWEBERABeaumont ustin ATTORNEYS A Professional Corporation MehaffyWeber.com June 23, 2017 JOE E. BROUSSARD ATTORNEY AT LAW Shareholder jeb@mehaffyweber.com BOARD CERTIFIED' Texas Board of Legal Special'¢adon ESTATE 7LANNI146 AND PROBATE LAW 2615 Calder Suite 800 Post Office Box 16 Beaumont, Texas T1704 409.835.5011 1 Fax 409.835.5177 Re: Specific Use Permit Application; Beaumont, Texas; MW 03130-0006 City of Beaumont Planning Division 801 Main Street, Room 201 Beaumont, Texas 77701 Planning Commission and City Council, City of Beaumont, Texas: The enclosed specific use permit application is submitted with a request to review and approve the use of the subject property as a Type "C" RV Park. The applicant plans to purchase the 40 acre tract, construct and operate an RV Park at that location. Please see enclosed the following documents submitted for this purpose: 1. Specific Use Permit Application. 2. A copy of a current survey or plat showing the property proposed for the specific use. It is 40 acres being Lots 52, 53, 54, 55, 56, 57, 61, and 62 of the Tyrrell Park Addition of Beaumont, Texas, reflected on map filed under Volume 5, Page 173. 3. A site plan drawn to scale incorporating the information listed on the top of the second page of the specific use permit application. 4. A reduced 8 '/z inch x 11 inch photocopy of the site plan. 5. Application fee in the amount of $650.00. As noted on the Application, the Zoning Ordinance requires that eight conditions be met as a prerequisite to the issuance of the Specific Use Permit. The planned use of the Property will comply with each of the following conditions. 1. The specific use will be compatible with and not injurious to the use and enjoyment of other property, nor significantly diminish or impair property values within the immediate vicinity; 2. The establishment of the specific use will not impede the normal and orderly development and improvement of surrounding vacant property; B EAUBUS INE S S:1333213.1 3. Adequate utilities, access roads, drainage and other necessary supporting facilities have been or will be provided; 4. The design, location and arrangement of all driveways and parking spaces provides for the safe and convenient movement of vehicular and pedestrian traffic without adversely affecting the general public or adjacent development; 5. Adequate nuisance prevention measures. will be taken to prevent or control offensive odor, fumes, dust, noise and vibration; 6. Directional lighting will be provided so ' as not to disturb or adversely affect neighboring properties; 7. There will be sufficient landscaping and screening to insure harmony and compatibility with adjacent property. The property includes natural perimeter trees and shrubbery, much of which will be retained ' and incorporated into the site plan; and 8. The proposed use is in accordance with the Comprehensive Plan. Applicant requests a review and consideration of the specific use permit application. Please contact the undersigned if additional information or documentation is needed to process this request. Thank you very much for your assistance in this process. 7Si rel oe E. Broussard For the Firm JEB/dlm Enclosure(s) BEAUBUS NESS: 1333 ORDINANCE NO. ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A RECREATIONAL VEHICLE PARK IN AN LI (LIGHT INDUSTRIAL) DISTRICT ON THE SOUTHEAST SIDE OF THE 6100 BLOCK OF FANNETT ROAD IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS, Olues Olivier has applied for a specific use permit to allow a recreational vehicle park in an LI (Light Industrial) District on the Southeast side of the 6100 block of Fannett Road, being Lots 52-57 & 61-62, Unit D, Tyrrell Park Addition, Beaumont, Jefferson County, Texas, containing 35.51 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 and is recommending denial of a specific use permit to allow a recreational vehicle park in an LI ( Light Industrial) District on the Southeast side of the 6100 block of Fannett Road; and, WHEREAS, notwithstanding the recommendation, the City Council is of the opinion that the issuance of such specific use permit to allow a recreational vehicle park 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 ordinance are hereby, in all things, approved and adopted; and, Section 1. That a specific use permit to allow a recreational vehicle park in an LI (Light Industrial) District on the Southeast side of the 6100 block of Fannett Road, being Lots 52-57 & 61-62, Unit D, Tyrrell Park Addition, Beaumont, Jefferson County, Texas, containing 35.51 acres, more or less, as shown on Exhibit "A," is hereby granted to Olues Olivier, his 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" 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. The meeting at which this ordinance was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 19th day of September, 2017. - Mayor Becky Ames - r ,s f+' mooQP., ooSiA 4 � �Q' ':e�0000boo��000���o®�'®.114o ® 000ao�00000®m�oo����®omo�@ao��o�,.� 5019 Wl s �d�@�pp4��Scnv �E'�l�®90+31a�$♦ M ,M.,wmiapUN­d� 1ti v Mi MIN i I v M/M Illi I �i VII111flIjill!-1 1 11 !l 1 w;;2 11111111 11 INNER in i!I: i 11 g I ME �fffl- ME ill. K li;_ Io \®�\®�\®®\®�\®��®����\®�\®�\®®\®roee®®a��\��\��\®�®�\®®\®�\®®\®®\®®\®\®\®®\® N M"N' xxxvi TYPICAL SECTION WATER -SEWER -ELECTRIC BOX . zw PROPOMTVICA WVACE I%W Note; All Water, Sewerdirdinage study l& complete *ei of enbirleeopg plans will be provided on d6sign phase. .1. — w_ — — -_ - — - — - — - — - — - — - — — - — mrwn D 919107 1 The Grand Texan RV Ranch Proposed Site Plan with 15Q RV Spaces Hwy 124 Beaumont TX El Iii (donceptuol) PROPOSED Ry Resort 150 Spacps _M IF1,14 N M =M September 19, 2017 Consider a request for a Specific Use Permit to allow apartments in a GC -MD -2 (General Commercial -Multiple Family Dwelling) District for property located at 7155 Calder Avenue BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Chris Boone, Planning & Community Development Director MEETING DATE: September 19, 2017 REQUESTED ACTION: Consider a request for a Specific Use Permit to allow apartments in a GC -MD -2 (General Commercial -Multiple Family Dwelling) District for property located at 7155 Calder Avenue. BACKGROUND Ng and Av Investment L.L.C., is requesting a Specific Use Permit to construct apartments at 7155 Calder Avenue. The complex would consist of 48 one (1) bedroom units and 8 two (2) bedroom units. Surrounding properties to the east and south are zoned RM -H (Residential Multiple Family Dwelling - Highest Density), containing town house condominiums and apartments. Therefore apartments would be consistent with other uses in the area. Drainage is a concern for this property. Several possible solutions to the drainage issues have been submitted by Drainage District #6. At a Joint Public Hearing held on August 21, 2017, the Planning Commission recommended 7:1 to deny a request for a Specific Use Permit to allow apartments in a GC -MD -2 (General Commercial -Multiple Family Dwelling) district for property located at 7155 Calder Avenue. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of the Specific Use Permit with the condition that the applicant/project meet all Drainage District No. 6 requirements. ORDINANCE NO. ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW RETAIL APARTMENTS IN A GC -MD -2 (GENERAL COMMERCIAL -MULTIPLE FAMILY DWELLING -2) DISTRICT AT 7155 CALDER AVENUE IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS, Ng and Av Investment, LLC has applied for a specific use permit to allow retail apartments in a GC -MD -2 (General Commercial -Multiple Family Dwelling -2) District at 7155 Calder Avenue, being Plat SP -6, Tract 99, C. Williams Survey, Abstract 59, Beaumont, Jefferson County, Texas, containing 2.364 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 and is recommending denial of a specific use permit to allow retail apartments in a GC -MD -2 (General Commercial -Multiple Family Dwelling -2) District at 7155 Calder Avenue; and, WHEREAS, notwithstanding the recommendation, the City Council is of the opinion that the issuance of such specific use permit to allow retail apartments 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 ordinance are hereby, in all things, approved and adopted; and, Section 1. That a specific use permit to allow retail apartments in a GC -MD -2 (General Commercial -Multiple Family Dwelling -2) District at 7155 Calder Avenue, being Plat SP- 6, Tract 99, C. Williams Survey, Abstract 59, Beaumont, Jefferson County, Texas, containing 2.364 acres, more or less, as shown on Exhibit "A," is hereby granted to Ng and Av Investment, LLC, 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" 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. The meeting at which this ordinance was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 19th day of September, 2017. - Mayor Becky Ames - Mail - Adina.Josey@BeaumontTexas.gov Page 1 of 2 RE: 2312-P Doug Canant <dscanant@dd6.org> Mon 8/7/2017 3:58 PM To:Adina Josey<Adina.Josey@BeaumontTexas.gov>; Jefferson County Drainage District No. 6 offers the following comments to the proposed apartments at the corner of Pinchback and Calder. 1. The best avenue for drainage would be to install a ditch or culvert from the southwest corner across the property to the west westerly into the Amelia cutoff ditch and tie to the ditch according to our standard specifications. This drainage path would be the maintenance responsibility of the developer. 2. A second alternative would be to install the outfall in the south right of way of Calder westerly to the Amelia Cutoff ditch. 3. A third and very unlikely alternative would be to construct a large detention basin so that the apartments may flow into the City road ditches without impacting adjacent properties. The proposed finished floors of the apartments should be built at least 12" above the BFE in the Amelia Cutoff ditch. Thank You Doug Doug Canant PE RPLS CFM District Engineer Jefferson County Drainage District No. 6 P 409-842-1818 F 409-840-5773 From: Adina Josey[mailto:Adina.Josey@BeaumontTexas.gov] Sent: Wednesday, August 02, 201712,:53 PM To: SUP<adinajosey@Beau montTexas.onmicrosoft.com> Subject: 2312-P Please review and, if necessary, respond by 8/15/2017: Thank you, Adina You're receiving this message because you're a member of the SUP group from City of Beaumont. To take part in this conversation, reply all to this message. https://outlook.office.com/owa/?realm=beaumonttexas.gov&exsvurl=l &11-cc=1033 &modurl=0 8/7/2017 SITE PLAN REVIEW �_l SPECIFIC USE PERMITAPPROVAL TO: Fire Marshal, Engineering, Public Health, Public Works, Traffic Division, Water Utilities and Planning & Community Development FROM Planning Division - Adina Ward SUBJECT: Specific Use Permit Review for FILE: 2312-P Meeting. P4te-- 8/21/17 Ap ..plleant: NG&AvInvestment LL.C. Phone # (409)842-3805 S.U.P. request for:. apartments in GC: ND -2 at 1.155 Calder Ave. Respond by: 8/15/17 REVIEW: ,t] Plans for the proposed use were reviewed and approved. Plans were approved with the following conditions: LIM R W/ 4"tag' up j 5 1 4- AM -Wq ey- rweW tv 5 "OrA C SS OA AA*.A SVC, 0 Plans were NOT approved for the following reason: CAt 17/ Department Signed Date Nan ROPOSED CALDER HEIGHTS RESIDENCE llm�l 7155. C4Id6r:AvA$- $0a'JiMopt, Tx. ,64z Acres Out 6f t114. C...-mair, pMs Surv.eyy. Jefferson County EXHIBIT "B" SPECIFIC USE PERMIT APPLICATION BEAUMONT, TEXAS (Chapter 28, City Codes) TO: THE PLANNING COMMISSION AND CITY COUNCIL, CITY OF BEAUMONT, TEXAS APPLICANT'S NAME: !LNJ&% '2\- %,\,%% - °-,1" �- ; '•'e r- "' � L— W. APPLICANT'S ADDRESS: `S`1 G- ®\ \ S �:) C a( �� c: -Y\ , , \ -71' APPLICANT'S PHONE #: ��" Z'� - ca� 2> 't; NAME OF PROPERTY 6C' ` FAX #: ",\ c--.01g\-� 2 - 7 W b : :1•� a.�>�s� j �2 ADDRESS OF PROPERTY OWNER: LOCATION OF PROPERTY: :3 ` f'ti LEGAL DESCRIPTION OF PROPERTY: LOT NO.E�47 d OR TRACT. BLOCK NO. i — PLAT n ` ADDITIONS `t'G't d' J o A 1 i S o C4 SURVEY NUMBER OF ACRES �� ��� NUMBER OF ACRES ltd For properties not in a recorded subdivision, submit a copy of a current survey or plat showing the properties proposed for a specific use permit, and a complete legal field note description. PROPOSED USE: "� . *" � c.— � �- Csa . �-9 ZONE: C ATTACH A LETTER describing all processes and activities involved with the proposed uses. ATTACH A SITE PLAN drawn to scale with the information listed on the top back side of this sheet. ATTACH A REDUCED 8'/z" X 11" PHOTOCOPY OF THE SITE PLAN. THE EIGHT CONDITIONS listed on the back side of this sheet must be met before City Council can grant a specific use permit. PLEASE ADDRESS EACH CONDITION IN DETAIL. ATTACH THE APPROPRIATE APPLICATION FEE: LESS THAN''/z ACRE.................................................................$250.00 %2 ACRE OR MORE AND LESS THAN 5 ACRES...................$450.00 5 ACRES OR MORE...................................................................$650.00 I, being the undersigned applicant, under•Sfand that all site plan shall be adhered to as amend and approved f SIGNATURE OF APPLICANT: SIGNATURE OF PROPERTY OWNER: PLEASE TYPE OR PRINT AND SUBMIT TO: FILE NUMBER: conditions, dimensions, building sizes, landscaping and parking areas depicted on the tv Council. CITY OF BEAUMONT PLANNING DIVISION 801 MAIN STREET, ROOM 201 BEAUMONT, TX 77701 Phone - (409) 880-3764 Fax - (409) 880-3110 TE: TE: 7 /-2.� �% % PLEASE MAKE NOTE ON REVERSE SIDE OF CONDITIONS TO BE MET REGARDING THE SITE PLAN AND LETTER OF PROPOSED USES AND ACTIVITIES. Ng & Av investment LLC.. 1590 Interstate 10 S, Beaumont, TX 77707 July 28, 2017, Attention; The Planning Commission and City Council, City of Beaumont, TX Dear Council members: My name is Pawan Kumar, and I am the Accomplice in Ng and Av investment LLC. Our organization is intending to build an apartment complex in the City of Beaumont. The following items are our responses as required by the application for specific use permit. 1. Specific utilize will be perfect with proposed property as per zoning law and city laws, and not wounds to the utilization and satisfaction in other property; nor altogether reduce or hinder property estimations inside the quick region. This property increases the value of the area as this range is zoned for multifamily, this proposed arrive is the best use for that. There is not a lot should be possible on this land other than setting up multifamily. 2. Our proposed plan won't obstruct the ordinary and precise advancement and change of encompassing empty property. 3. We will provide adequate utilities, access roads, drainage and other necessary supporting facilities. Not only that we will work closely with district 6 drainage department for storm water drainage to fully satisfy them. 4. As you can find in our proposed plans our outline, area and course of action of all carports and parking spots accommodates the sheltered and helpful development of vehicular and person on foot movement without unfavorably influencing the overall population or adjoining improvement. 5. All the means will be taken what is required by the city to avert or control hostile smell, exhaust, dust, commotion and vibration so it don't trouble our neighbors while creating proposed property. 6. For wellbeing of our future inhabitants, we will give adequate directional drove lighting however our parking garage in a way that won't bother or antagonistically influence neighboring properties. 7. As you can find in our arrangement we have adequate finishing and screening to safeguard congruity and similarity with adjoining property, in addition to we proposing a kid stop for our future inhabitant. 8. Our proposed design zoning is GC -Md -2 and is as per the far-reaching design. We have conducted a pre -development meeting with all the city departments and will provide all their requirement as discussed during the meeting. We are excited and looking forward to work with the City of Beaumont with our project. Sincerely, Pawan kumar. - Ng & Av investment LLC. 3102270215 Pawanc2l@vahoo.com File 2312-P: A request for a Specific Use Permit to allow retail apartments in a GC -MD -2 General Commercial -Multiple Family Dwelling -2) District. Applicant: NG &AV Investment, L.L.C. Location: 7155 Calder Avenue 0 100 200 1 1 1 1 Feet EXHIBIT "A" September 19, 2017 Consider a request for a Specific Use Permit to allow a new elementary/secondary school in an RM -H (Residential Multiple Family Dwelling Highest Density) District on the South side of Park North Drive BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager ci:' � A,, PREPARED BY: Chris Boone, Planning & Community Development Director MEETING DATE: September 19, 2017 REQUESTED ACTION: Consider a request for a Specific Use Permit to allow a new elementary/secondary school in an RM -H (Residential Multiple Family Dwelling -Highest Density) District. BACKGROUND Hughen / Bob Hope School is requesting a Specific Use Permit to allow a school on the south side of Park North Drive. The grade levels will range from Pre -K to 9th grade. Ten to twelve modular buildings would be installed, initially, designed to accommodate up to 360 students and staff. The school has future plans to construct a permanent facility and remove the modular buildings in the future. A new Specific Use Permit would need to be submitted for all future plans. At a Joint Public Hearing held on August 21, 2017, the Planning Commission recommended 7:1 to approve a request for a Specific Use Permit to allow a new elementary/secondary school in an RM -H (Residential Multiple Family Dwelling -Highest Density) District with the following conditions: 1. Meet all Drainage District #6 drainage requirements. (see attached) 2. Sidewalk must be provided along Park North Drive. 3. Landscaping must be provided to meet ordinance requirements for parking areas and buffers. 4. Dumpster must be screened completely from street with fencing and landscaping, and located a minimum of 25' from adjacent properties. 5. Ensure all portable buildings will be accessible via ADA guidelines from the parking lot drop off area. 6. Modular buildings must meet all City of Beaumont building code requirements. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of the ordinance with the following conditions: 1. Meet all Drainage District 46 drainage requirements. (see attached) 2. Sidewalk must be provided along Park North Drive. 3. Landscaping must be provided to meet ordinance requirements for parking areas and buffers. 4. Dumpster must be screened completely from street with fencing and landscaping, and located a minimum of 25' from adjacent properties. 5. Ensure all portable buildings will be accessible via ADA guidelines from the parking lot drop off area. 6. Modular buildings must meet all City of Beaumont building code requirements. ORDINANCE NO. ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A NEW ELEMENTARY/SECONDARY SCHOOL IN AN RM -H (RESIDENTIAL MULTIPLE FAMILY DWELLING -HIGHEST DENSITY) DISTRICT ON THE SOUTH SIDE OF PARK NORTH DRIVE IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS, Hughen/Bob Hope School has applied for a specific use permit to allow a new elementary/secondary school in an RM -H (Residential Multiple Family Dwelling -Highest Density) District on the South side of Park North Drive, being Plat RS - 4, Tract 216B, W. B. Dyches Survey, Abstract 17, Beaumont, Jefferson County, Texas, containing 12.97 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 and is recommending approval of a specific use permit to allow a new elementary/secondary school in an RM -H (Residential Multiple Family Dwelling - Highest Density) District on the South side of Park North Drive, subject to the following conditions: • Meet all Drainage District #6 drainage requirements. (see attached) • Sidewalk must be provided along Park North Drive. • Landscaping must be provided to meet ordinance requirements for parking areas and buffers. • Dumpster must be screened completely from street with fencing and landscaping, and located a minimum of 25' from adjacent properties. • Ensure all portable buildings will be accessible via ADA guidelines from the parking lot drop off area. • Modular buildings must meet all City of Beaumont building code requirements. ; and, WHEREAS, the City Council is of the opinion that the issuance of such specific use permit to allow an assisted senior living facility 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 ordinance are hereby, in all things, approved and adopted; and, Section 1. That a specific use permit to allow a new elementary/secondary school in an RM - H (Residential Multiple Family Dwelling -Highest Density) District on the South side of Park North Drive, being Plat RS -4, Tract 2168, W. B. Dyches Survey, Abstract 17, Beaumont, Jefferson County, Texas, containing 12.97 acres, more or less, as shown on Exhibit 'A," is hereby granted to Hughen/Bob Hope School, its legal representatives, successors and assigns, as shown on Exhibit "B," attached hereto and made a part hereof for all purposes, subject to the following conditions: • Meet all Drainage District #6 drainage requirements. (see attached) • Sidewalk must be provided along Park North Drive. • Landscaping must be provided to meet ordinance requirements for parking areas and buffers. • Dumpster must be screened completely from street with fencing and landscaping, and located a minimum of 25' from adjacent properties. • Ensure all portable buildings will be accessible via ADA guidelines from the parking lot drop off area. • Modular buildings must meet all City of Beaumont building code requirements. Section 2 That the specific use permit herein granted is expressly issued for and in accordance with each particular and detail of the site plan attached hereto as Exhibit "B" and made a part hereof for all purposes. Ccr+finn 'A 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. The meeting at which this ordinance was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 19th day of September, 2017. - Mayor Becky Ames - SPECIFIC USE PERMIT APPLICATION BEAUMONT, TEXAS (Chapter 28, City Codes) TO: THE PLANNING COMMISSION AND CITY COUNCIL, CITY OF BEAUMONT, TEXAS APPLICANTS NAME: Hughen / Bob Hope School APPLICANTS ADDRESS: 2849 9th Avenue, Port Arthur, Texas 77642 APPLICANT'S PHONE #: 409 983.6659 FAX #: NAME OF PROPERTY OWNER: Hughen / Bob Hope School ADDRESS OF PROPERTY OWNER: 2849 9th Avenue, Port Arthur, Texas 77642 LOCATION OF PROPERTY: Park North Drive, Beaumont, Texas LEGAL DESCRIPTION OF PROPERTY: LOT NO. BLOCK NO. ADDITION NUMBER OF ACRES OR TRACT PL RS -4 TR -216S ABST 17 PLAT SURVEYW. B. Dyches NUMBER OF ACRES -4 17,13 For properties not in a recorded subdivision, submit a copy of a current survey or plat showing the properties proposed for a specific use permit, and a complete legal field note description. PROPOSED USE: New School ZONE: RM -H ATTACH A LETTER describing all processes and activities involved with the proposed uses. ATTACH A SITE PLAN drawn to scale with the information listed on the top back side of this sheet. ATTACH A REDUCED 8 %" X 11" PHOTOCOPY OF THE SITE PLAN. THE EIGHT CONDITIONS listed on the back side of this sheet must be met before City Council can grant a specific use permit. PLEASE ADDRESS EACH CONDITION IN DETAIL. ATTACH THE APPROPRIATE APPLICATION FEE: LESS THAN Y2 ACRE .................................................................$250.00 ACRE OR MORE AND LESS THAN 5 ACRES...................$450.00 5 ACRES OR MORE...................................................................$650.00 1, being the undersigned applicant, understand that all of the conditions, dimensions, building sizes, landscaping and parking areas depicted on the site plan shall be adhered to as amended and approved by City Council. SIGNATURE OF APPLICANT: DATE: -2 7f 1-7 SIGNATURE OF PROPERTY OWNER: DATE: M PLEASE TYPE OR PRINT AND SUBMIT TO: CITY OF B • UMONT f^,. 2 i PLANNING DIVISION f 801 MAIN STREET, RO dvi 2 11 BEAUMONT, TX 7770 jFILE NUMBER._ ..--.-+ Phone - (409) 880-3764 Fax - (409) 880-3110 ************************************************************************************************************************ PLEASE MAKE NOTE ON REVERSE SIDE OF CONDITIONS TO BE MET REGARDING THE SITE PLAN AND LETTER OF PROPOSED USES AND ACTIVITIES. HUGHE C E N T E R WHERE HOPE LENDS A HELPING HAND July 28, 2017 The Honorable Members of the City of Beaumont Planning Commission and City Council 801 Main Street, Room 201 Beaumont, Texas 77701 Dear Ladies & Gentlemen: M. 1936 tel (409) 983-6659 fax (409) 983-6408 2849 9th Avenue Port Arthur, TX 77642 www.hughencenterorg Bob Hope School has enjoyed tremendous success in our existing location and is planning to expand our operation to take advantage of the growth and need in the City of Beaumont. Our plan is to develop an state of the art educational facility in north end of Beaumont Texas. The proposed site is located at Park North Drive on approximately 19.8344 acres which is currently zoned RM -H. To meet the urgent need for the first year, our plans are to start with 10-12 modular building units to house approximately 360 students and staff. The grades levels will range from Pre -K to 9th grade. The modular buildings will meet all local and national building codes and City ordinances. After initial operation, the school plans to build a permanent facility for grade levels Pre -K through 12th grades and remove the modular buildings. We respectfully ask that you grant the specific use permit so we may start this endeavor and be a part of your fine city. Sincerely, Bobby Martin Board President The Hughen Center, Inc. is designated a 501 (c) (3) non profit and donations are tax deductible. Hughen / Bob Hope School 2849 9`' Avenue Port Arthur, Texas 77642 Location of Property: Park North Drive — Beaumont, Texas July 26, 2017 SECTION 28.04.001, ZONING ORDINANCE REQUIRES THAT THESE EIGHT CONDITIONS MUST BE MET BEFORE A SPECIFIC USE PERMIT CAN BE ISSUED: 1. That the specific use will be compatible with and not injurious to the use and enjoyment of other property, nor significantly diminish or impair property values within the immediate vicinity; • The new neighborhood school will enhance the safety and the security of the area and any good school will increase the property value. 2. That the establishment of the specific use will not impede the normal and orderly development and improvement of surrounding vacant property; • The new school will occupy most of the remaining available space in the area and will be harmonious to the adjacent residential and apartments. 3. That adequate utilities, access roads, drainage and other necessary supporting facilities have been or will be provided; • All new water, sewer, and electrical will be provided for the new facility. 4. The design, location and arrangement of all driveways and parking spaces provides for the safe and convenient movement of vehicular and pedestrian traffic without adversely affecting the general public or adjacent development; • Parking will be designed with appropriate buffers and driveways will be such that they will not create blind spots for other traffic. 5. That adequate nuisance prevention measures have been or will betaken to prevent or control offensive odor, fumes, dust, noise and vibration; • There will be no dust, fumes or odor that will be caused by the new school buildings. 6. That directional lighting will be provided so as not to disturb or adversely affect neighboring properties; • School will not be operation at night. Lighting will be designed such not to affect the nearby neighbors. 7. That there are sufficient landscaping and screening to insure harmony and compatibility with adjacent property; and • Design will be such to preserve as much as existing trees and will provide additional landscaping per requirements of the City of Beaumont. 8. That the proposed use is in accordance with the Comprehensive Plan. 0 The new school will be compatible with and enhance the comprehensive plan. GENERAL NOTES 1OffOnMT caplL 6ASNoou 6inlc3lc � t♦ 6A991aao I IOUCPNtT ab ¢AtsnWv OYxOxc � � MERcoYv 1 tavWAY aAO IaNPe9lMna mlOeVc �j 1FVPNNT cY6EWCS in fE vRVK. ' 97 �� G/S4NJr' l�bxY3LMe' �43B' , i 'x0e' I Pf2- AIN ke x ME ♦ Ai' � PIE- , WP= ♦ I FUTURE BUS PICK-UP 8 DROP-OFF 1 FUTURE , L_________P110.117 LAYGROUND E>aT EpT WUN FNIfUNCE 1OIAHUNIf -------J EtlT -----------, FUTURE SCHOOL —-------� (7) STORY BUILDING �9-ExlT 63,]69 sq. IL JFUTURE (1)B YM �EMTTORY L___________� r SIGMA ENGINEERS, INC. ENGINEERS & DESIGNERS 4099 CALDER BEAUMONT, TEXAS 77706 TEL (4091898-1001 FAX (409) 896-9420 YItVYUJtU JI IC PLAN BOB HOPE SCHOOL PROPOSED EDUCATIONAL FACILITY BEAUMONT, TEXAS Dark North ®rive Commercial Property Beaumont, Texas Aerial Photo by Google Maps The location of the property lines are approximate, and will need to be verified by a survey. Tire information conlaPned herein has, r•e heh.E; e, been obtained from reasonably ra ,ab.e sources and Ise have no reason to doubt the accuracy otsuch inlomraUon: ho:arer. no warranty or guarantee, either express or intp,'%ed, is made to the accuracy Nereot. A4 such information is submilfed, sub,'ect to errors,.om;ssions, or changes in condition prior to safe, lease or Itifhdra::al nilhouf notice. All infounation contained herein should be :a»hed by the person relydag thereon. t;e have not made and rill not ruake any warranty -representations as to the condition of the property nor the presence of any hazardous substances or other cond'lions that may affect the value or the suitabfbty of theproperlys -- 0Y S? FlJi1:rS e 2313-P: A request for a Specific Use Permit to allow a- new school in an RM -H esidential Multiple Family Dwelling -Highest Density) District. ,plicant: Hughen/Bob Hope School cation: Between 7650 and 7750 Park North Drive 0 100 200 300 400 1 1 1 1 1 I Feet EXHIBIT "A" T September 19, 2017 Consider a request for a Specific Use Permit to allow aaming site in an NC (Neighborhood Commercial) District for property located at 190 N. 23` Street BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Chris Boone, Planning & Community Development Director MEETING DATE: September 19, 2017 REQUESTED ACTION: Consider a request for a Specific Use Permit to allow a gaming site in an NC (Neighborhood Commercial) zoning for property located at 190 N. 23rd Street. BACKGROUND Bryan's Food Stop is requesting a Specific Use Permit to allow a gaming site at 190 N. 23rd Street. The owner would like to add eight (8) 8 -liner machines to the existing convenience store. Based on a review of the site, there is not sufficient parking available for the existing use, but it is grandfathered as a convenience store. The City Traffic Division states that the new use would diminish efficient movement through the site, and generate congestion from the site at 23rd Street. Also, staff feels a gaming site would not be compatible with surrounding neighborhood uses. At a Joint Public Hearing held on August 21, 2017, the Planning Commission recommended 8:0 to deny a request for a Specific Use Permit to allow a gaming site in NC (Neighborhood Commercial) zoning for property located at 190 N. 23rd Street. FUNDING SOURCE Not applicable. RECOMMENDATION Denial of the ordinance. ORDINANCE NO. ENTITLED AN ORDINANCE GRANTING. A SPECIFIC USE PERMIT TO ALLOW A GAMING SITE IN AN NC (NEIGHBORHOOD COMMERCIAL) DISTRICT AT 190 N. 23RD STREET IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS, Bryan's Food Stop has applied for a specific use permit to allow a gaming site in an NC (Neighborhood Commercial) District at 190 N. 23rd Street, being Tract B, Block 1, Russell Place Addition, Beaumont, Jefferson County, Texas, containing 0.33 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 and is recommending denial of a specific use permit to allow a gaming site in an NC (Neighborhood Commercial) District at 190 N. 23rd Street; and, WHEREAS, notwithstanding the recommendation, the City Council is of the opinion that the issuance of such specific use permit to allow a gaming site 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 ordinance are hereby, in all things, approved and adopted; and, Section 1. That a specific use permit to allow a gaming site in an NC (Neighborhood Commercial) District at 190 N. 23rd Street, being Tract B, Block 1, Russell Place Addition, Beaumont, Jefferson County, Texas, containing 0.33 acres, more or less, as shown on Exhibit "A," is hereby granted to Bryan's Food Stop, 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" 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. The meeting at which this ordinance was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 19th day of September, 2017. - Mayor Becky Ames - SPECIFIC USE PERMIT APPLICATION BEAUMONT, TEXAS (Chapter 28, City Codes) TO: THE PLANNING COMMISSION AND CITY COUNCIL, CIV OF BEAUMONT, TEXAS 1 APPLICANT'S NAME:_ .ziaAn Oka - APPLICANT'S ADDRESS: APPLICANT'S PHONE #: q57L+ FAX#;_ / NAME OF PROPERTY OWNER: '' °c_'T" tulc_ F. ADDRESS OF PROPERTY —LOCATION OF PROPERTY: LEGAL DESCRIPTION OF PROPERTY: LOT NO. BLOCK NO. ADDITION 5� d L C NUMBER OF ACRES e C)b3 0 OR TRACT PLAT, SURVEY NUMBER OF ACRES 777® ) %�- 77Z;;�' For properties not in a recorded subdivision, submit a copy of a current survey or plat showing the properties proposed for a specific use permit, and a complete legal field note -description. S yL 1 C.. `-r I tj U (►�\ PROPOSED USE: V co tj1!ej arol ac 'ONE; I ATTACH A LETTER describing all processes and activities involved with the proposed uses. ATTACH A SITE PLAN drawn to scale with the information listed on the top back side of this sheet. ATTACH A REDUCED 8'/2" X 11" PHOTOCOPY OF THE SITE PLAN. THE EIGHT CONDITIONS listed on the back side of this sheet must be met before City Council can grant a specific use permit. PLEASE ADDRESS EACH CONDITION IN DETAIL. ATTACH THE APPROPRIATE APPLICATION FEE: LESS THAN %2 ACRE .................................................................$250.00 '/2 ACRE OR MORE AND LESS THAN 5 ACRES...................$450.00 5 ACRES OR MORE...................................................................$650.00 I, being the undersigned applicant, understand that all of the conditions, dimensions, building sizes, landscaping and parking areas depicted on the site plan shall be adhered to as amended and approved by City Council. (� SIGNATURE OF APPLICANT:����x ', 1yY lad) C�DATE: �6 SIGNATURE OF PROPERTY PLEASE TYPE OR PRINT AND SUBMIT TO: CITY OF BEAUMONT PLANNING DIVISION 801 MAIN STREET, ROOM 201 BEAUMONT, TX 77701 FILE NUMBER: Phone - (409) 880-3764 Fax - (409) 880-3110 PLEASE MAKE NOTE ON REVERSE SIDE OF CONDITIONS TO BE MET REGARDING THE SITE PLAN AND LETTER OF PROPOSED USES AND ACTIVITIES. City of Beaumont Attn: Building Code Division 801 Main St, Beaumont, TX 77701 July 28, 2017 RE: Specific Use Permit ("SUP") for Bryan's Food Stop ("Bryan's") located at 190 N. 23rd Street, Beaumont, Texas 77707. Dear Building Code Division, My name is Maria Paula Hernandez and I operate and maintain Bryan's with my family. This SUP request is to allow Bryan's to operate 8 gaining machines at their convenience store. Bryan's is a family run -business that is operated by Ma -Imelda Hernandez (daughter), Saloman Magana (son-in-law), and me. We are all hard-working American citizens that are proud to operate a tax -paying business in Beaumont, Texas. Bryan's is located on 190 N. 23rd Street, Beaumont, Texas 77707. Bryan's has been in business as a convenience store for over 40 years. Restated, Bryan's has been a commercial business in this location for over 40 years. We all take great pride and exert great efforts in operating a legally compliant, clean, and safe convenience store in our respective area of the community. We take great pride in our convenience store and this pride is apparent to our customers .and our area of the community. We hope that we will be able to pass this store down to our children to eventually operate for another 40 years as a legally compliant tax -paying business in Beaumont, Texas. We are requesting a SUP for 8 gaming machines in our convenience store. We are in full compliance with all state laws regarding the gaming machines. Additionally, we are fully permitted by the state to operate the gaming machines and have never had any infractions in regards to our state license to operate the machines. Recently, we were informed by the city that we needed a city permit as well. We were very embarrassed that we did not know that a city permit was required because we do our very best to stay up-to-date and compliant with all city ordinances and regulations. Immediately, once we were told to obtain a city permit, we filed our application; however, we were informed by the city that we needed an SUP to operate a business at this location. We have been operating a commercial business (e.g., convenience store) at this location for over 40 years. Nonetheless, we are writing this letter to request the SUP for the gaming machines. I want to make it very clear that we will operate these gaming machines in full compliance with applicable state law and the City of Beaumont Ordinance 6.10 (Gaming Sites and Gaming Machines). We have thoroughly reviewed Ordinance 6.10 and will be in full compliance with this ordinance if we are granted a permit. This will not be one of those illegal H gaming sites that pay out money (or credits) in violation of the law. The gaming machines will not create a nuisance and they will be run in full compliance with the law. There are several businesses in the near vicinity of Bryan's that are currently operating gaming machines. In fact, a convenience store right across the street K-1 located at 185 N. 23rd Street, Beaumont, Texas has had gaming machines at their store. Further the following conditions will be clearly met: • The specific use will be compatible with and not injurious to the use and enjoyment of the properly, nor significantly diminish or impair property values within the immediate vicinity. As previously discussed, Bryan's has been a commercial business for over 40 years and the gaming machines will be run in full compliance with all applicable laws (e.g., Ordinance 6.10). The legally operated gaming machines will not be injurious or impair the property values in the area. • The specific use will not impede the normal or orderly development and improvement of surrounding vacant property. The legally operated gaming machines will have no impact on the development of vacant property in the area. Further, there is really no vacant property in the near vicinity of Bryan's. • Adequate utilities, access roads, drainage and other necessary supporting facilities have been or will be provided. The gaming machines will have no negative impact on this bullet. • The design, location and arrangement of all driveways and parking spaces provides for the safe and convenient movement of vehicular and pedestrian traffic without adversely affecting the general public or adjacent development. Bryan's maintains an adequately sized parking lot that will easily provide sufficient room for vehicular movement and pedestrian traffic. • Adequate nuisance prevention measures have been or will be taken to prevent or control offensive odor, fumes, dust, noise, and vibration. The gaming machines will have no negative impact on this bullet. • Directional lighting will be provided so as not to disturb or adversely affect neighboring properties. The gaming machines will have no negative impact on this bullet. • There is sufficient landscaping and screening to insure harmony and compatibility with adjacent property. The gaming machines will have no negative impact on this bullet. • The proposed use is in accordance with the Comprehensive Plan. The property under consideration has been a commercial business for over 40 years and the small gaming machines will be located within the commercial business; thus, this proposed use is in accordance with the Comprehensive Plan. I want to greatly thank the Building Code Division for their consideration of the SUP and I'm available to discuss the SUP at your convenience. Sincerely, Maria Paula Hernandez 0 20 SCALE: 1' = 20' 190 N 23rd St, Beaumont, TX 77707 LDING FOOTPRINT LINE 13 PARKING SPACES 2,400 SO. FT BUILDING AREA G Can 2566 Bea I' e r I N'� , lk 190 N 23rd St, Beaumont, TX 77707 LDING FOOTPRINT LINE 13 PARKING SPACES 2,400 SO. FT BUILDING AREA G Can 2566 Bea [e 2311-P: A request for a Specific Use Permit to allow a gaming site in a NC eighborhood Commercial) zoning. ►plicant: Bryan's Food Stop kation: 190 N. 23rd Street 0 100 200 1 1 Feet EXHIBIT "A" LINE 3 PARKING SPACES 2,400 SO. FT BUILDING AREA 0 20 I.•T•—i"--� SCALE T' 20' NOTE: PROPOSED GAMING AREA,WILL NOT EXCEED 35 PERCENT OF THE TOTAL STORE AREA. Revised: Date: 7-28-17 SITE PLAN SHEEP .7 �' t i ' SCALE AS SHOWN 5 SP -1/1 CALL 1-800344-W77 FOR LOCATES PRIOR TO ANY IXCA`/ATION EXHIBIT "B" September 19, 2017 Consider a request for a Specific Use Permit to allow retail, offices and restaurants in a GC -MD -2 (General Commercial -Multiple Family Dwelling) District for property located at 4490 Crow Road BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager CZ PREPARED BY: Chris Boone, Planning & Community Development Director MEETING DATE: September 19, 2017 REQUESTED ACTION: Consider a request for a Specific Use Permit to allow retail, offices and restraunts in a GC -MD -2 (General Commercial -Multiple Family Dwelling) District for property located at 4490 Crow Road. BACKGROUND NewQuest Properties would like to construct a new shopping center at 4490 Crow Road. The site may be occupied by retail, medical offices or restaurants. Traffic has the potential to be an issue at this location. The City Traffic Division would like to see a Traffic Impact Analysis of the property prior to development. This property is located in the flood hazard. Properties along Dowlen and Crow Roads are mostly developed in this area, creating large amounts of runoff during rain events. New flood maps show a BFE (Base Flood Elevation) of 27' just west of this property. Therefore, the lowest floor of new construction must be at least 18" above BFE. Landscaping requirements shall include 8 foot privacy, wood or masonry, screening fences and 10' wide landscaped buffers along east and south property lines, as well as perimeter landscaping at right-of-way, and islands for parking areas. At a Joint Public Hearing held on August 21, 2017, the Planning Commission recommended 8:0 to approve a request for a Specific Use Permit to allow retail, offices and restraunts in a GC - MD -2 (General Commercial -Multiple Family Dwelling) District for property located at 4490 Crow Road with the following conditions: 1. Drainage from the entire site should be directed to its northwest corner so that it flows westerly instead of southerly down Crow Road. (Drainage District #6) 2. Sidewalk must be provided along Crow Road. 3. New construction must be elevated to at least 28.5' for the lowest floor. 4. Landscaping must be provided to meet ordinance requirements. 5. Dumpster must be screened completely from street with fencing and landscaping. Dumpster shall be located a minimum of 25' from adjacent properties. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of the ordinance with the following conditions: 1. Drainage from the entire site should be directed to its northwest corner so that it flows westerly instead of southerly down Crow Road. (Drainage District #6) 2. Sidewalk must be provided along Crow Road. 3. New construction must be elevated to at least 28.5' for the lowest floor. 4. Landscaping must be provided to meet ordinance requirements. 5. Dumpster must be screened completely from street with fencing and landscaping. Dumpster shall be located a minimum of 25' from adjacent properties. SPECIHC USE PERMIT APPLICATION BEAUMONT, TEXAS (Chapter 28, City Codes) TO: THE PLANNING COMMISSION AND CITY COUNCIL, CITY OF BEAUMONT, TEXAS (� APPLICANT'S NAME: dew &'-5-4 1 ^lk i 1!�' APPLICANT'S ADDRESS: 61 a7W . So -v^ i�%)SA,-AA �i� �. � � o}-a-� I���.,� . Z %tlq, APPLICANT'S PRONE 4: �1' ` FAX 4: t � EZo Ae,-M (� Csasr� NAME OF PROPERTY OWNER: N tz.ts' b#' L-� C'gyaC'q ^— ADDRESS OF PROPERTY OWNER: 612-22 C:.snR (`stet uat'�: t ' , -7-7-7(0(.p LOCATION OF PROPERTY: 5S C". C-rw'"a e'h • �" ��+�+ �• LEGAL DESCRIPTION OF PROPERTY: LOT NO. 11 t 1'41 I'> BLOCKNO. ADDITION C�.C>lc+e.�':' L,\\�e^ NUMBER OF ACRES L .4.5 (1, 4 OR TRACT PLAT SURVEY_ NUMBER OF ACRES For properties not in a recorded subdivision, submit a copy of a current survey or plat showing the properties proposed for a specific use permit, and a complete legal field note description. 4 PROPOSED USE: 2 ✓(�e,�- k t4- Rs- t CW�1hA ZONE: ATTACH A LETTER describing all processes and activities involved with the proposed uses, ATTACH A SITE PLAN drawn to scale with. the information listed on the top back side of this sheet, ATTACH. A REDUCED 9 %" X 11" PHOTOCOPY OF THE SITE PLAN, THE EIGHT CONDITIONS listed on the back side of this sheet must be met before City Council can grant a specific use permit, PLEASE ADDRESS EACH CONDITION IN DETAIL. ATTACH THE APPROPRIATE APPLICATION FEE: LESS THAN % ACRE.................................................................$250.00 '/2 ACRE OR MORE AND LESS THAN 5 ACRES...................$450.00 5 ACRES OR MORE...................................................................$650.00 I, being the undersigned applicant, undett�n that all of the conditions, dimensions, building sizes, landscaping and parking areas depicted on file site plan shall be adhered to as amend .lfand a proved by City Council. —7 SIGNATURE OF APPLICANT: P "'4 DATE: r (611-7 SIGNATURE OF PROPERTY OWNER DATE: PLEASE TYPE OR PRINT AND SUBMIT TO: CITY OF BEAUMONT PLANNING DIVISION 801 MAIN STREET, ROOM 201 BEAUMONT, TX 77701 FILE NUMBER: Phone - (409) 880-3764 Fax - (409) 880-3110 ***************************+***********..... ......********rs******************x****rx********x************************* PLEASE MAKE NOTE ON REVERSE SIDE OF CONDITIONS TO BE MET REGARDING THE SITE PLAN AND LETTER OF PROPOSED USES AND ACTIVITIES. PROPOSED USE — 4490 Crow Rd. To whom it may concern, This letter serves to outline the basic plans that NewQuest Properties has to redevelop the Parkdale Church property at 4490 Crow Rd., Beaumont, TX. 77706. We will demolish the existing structure and construct a new +/- 8,050 SF multi -tenant retail building. We are talking to several potential users at this point, the majority of which have a national or regional presence. Possible uses include: - General Retail typically found in shopping centers (no noxious or sexually oriented uses) - Medical (emergency care, urgent care, dental office, optometrist, etc.) - Restaurant, fast food, fast casual, or full service. Some of which sell alcohol but none generating more than 50% of their sales from alcohol. We look forward to constructing a first class center and bringing more shopping/dining opportunities to the citizens of Beaumont. Please feel free to reach out should you require any additional information. Thank You, 6J_ k. f �)r David Meyers NewQuest PROPERTIES 8827 W. Sam Houston Parkway N. #200 Houston, TX. 77040 City of Beaumont Planning Division 801 Main St. #201 Beaumont, TX. 77701 Specific Use Permit Conditions -4490 Crow Rd. I. That the specific use will be compatible with and not injurious to the use and enjoyment of other property, nor significantly diminish or impair property values within the immediate vicinity; a. NewQuest plans to construct a first class multi -tenant retail center similar to others that NewQuest has constructed throughout the state of Texas. The proposed use will be compatible with the surrounding properties as the majority of the real estate along Dowlen Rd. is occupied by retail users. Property values should not be adversely affected as retail development tends to drive property values up. 2. That the establishment of the specific use will not impede the normal and orderly development and improvement of surrounding vacant property; a. We believe our use will facilitate the normal and orderly development and improvement of the surrounding vacant property. Retail developments tend to improve property values and facilitate development in general. 3. That adequate utilities, access roads, drainage, and other necessary supporting facilities have been or will be provided; a. Per the attached survey and site plan, adequate utilities, access to public right-of-way, and drainage currently in place. Utilities are available in the adjacent right-of-way and Drainage District 6 has indicated that we are able to drain into in the inlet on the northwest corner of the property (identified on the site plan). 4. The design, location, and arrangement of all driveways and parking spaces provides for the safe and convenient movement of vehicular and pedestrian traffic without adversely affecting the general public or adjacent development, a. Per the attached site plan, the design, location, and arrangement of all driveways and parking spaces meet appropriate codes and should not adversely affect the general public or adjacent development. 5. That adequate nuisance prevention measures have been or will betaken to prevent or control offensive odor, fumes, dust, noise and vibration; a. All noxious uses will prohibited in the shopping center. All tenant leases will limit offensive odor, noise, fumes, dust, and vibration. Additionally, during the construction of the multi -tenant building, we will minimize the dust, noise, and vibration related to the construction activites. 6. That directional lighting will be provided so as not to disturb or adversely affect the neighboring properties; a. Developer will position the lights in such away so as not to disturb or adversely affect the neighboring properties while maintaining an appropriately illuminated parking field, ensuring the comfort and safety of our patrons. 7, That there are sufficient landscaping and screening to insure harmony and compatibility with adjacent property; a. We have provided landscaping buffers shown on the attached site plan that should ensure harmony and compatibility with the adjacent property. 8. That the proposed use is in accordance with the Comprehensive Plan a. The proposed use is compatible with similar uses within the Parkdale Mall Special District. Please do not hesitate to call should the committee require any additional information. Thank You /5. P-�t David Meyers NewQuest Properties 8827 W. Sam Houston Parkway N. #200 Houston, TX. 77040 dmeyers@newquest.com ORDINANCE NO. ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW RETAIL, OFFICES AND RESTAURANTS IN A GC -MD -2 (GENERAL COMMERCIAL -MULTIPLE FAMILY DWELLING -2) DISTRICT AT 4490 CROW ROAD IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS, NewQuest Properties has applied for a specific use permit to allow retail, offices and restaurants in a GC -MD -2 (General Commercial -Multiple Family Dwelling -2) District at 4490 Crow Road, being Lots 11-13, Robert L. Collier Addition, Beaumont, Jefferson County, Texas, containing 1.4564 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 and is recommending approval of a specific use permit to allow retail, offices and restaurants in a GC -MD -2 (General Commercial -Multiple Family Dwelling -2) District at 4490 Crow Road, subject to the following conditions: • Drainage from the entire site should be directed to its northwest corner so that it flows westerly instead of southerly down Crow Road. (Drainage District #6). • Sidewalk must be provided along Crow Road. • New construction must be elevated to at least 28.5' for the lowest floor. • Landscaping must be provided to meet ordinance requirements. • Dumpster must be screened completely from street with fencing and landscaping. Dumpster shall be located a minimum of 25' from adjacent properties. ; and, WHEREAS, the City Council is of the opinion that the issuance of such specific use permit to allow retail, offices and restaurants 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 ordinance are hereby, in all things, approved and adopted; and, Section 1. That a specific use permit to allow retail, offices and restaurants in a GC -MD -2 (General Commercial -Multiple Family Dwelling -2) District at 4490 Crow Road, being Lots 11-13, Robert L. Collier Addition, Beaumont, Jefferson County, Texas, containing 1.4564 acres, more or less, as shown on Exhibit 'A" is hereby granted to NewQuest Properties, its legal representatives, successors and assigns, as shown on Exhibit "B," attached hereto and made a part hereof for all purposes, subject to the following conditions: • Drainage from the entire site should be directed to its northwest corner so that it flows westerly instead of southerly down Crow Road. (Drainage District #6). • Sidewalk must be provided along Crow Road. • New construction must be elevated to at least 28.5' for the lowest floor. • Landscaping must be provided to meet ordinance requirements. • Dumpster must be screened completely from street with fencing and landscaping. Dumpster shall be located a minimum of 25' from adjacent properties. Ccrrtinn 0 That the specific use permit herein granted is expressly issued for and in accordance with each particular and detail of the site plan attached hereto as Exhibit "B" and made a part hereof for all purposes. Section 3. Notwithstanding the site plan attached hereto, the use of the property herein above described shall be in all other respects subject to all of the applicable regulations contained in Chapter 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. The meeting at which this ordinance was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 19th day of September, 2017. - Mayor Becky Ames - File 2309-P: A request for a Specific Use Permit to allow retail, office and restaurants in a GC -MED -2 (General Commercial -Multiple Family Dwelling) District. Applicant: David Meyers for New Quest Properties Location: 4490 Crow Road 0 100 200 300 400 I i I I I I Feet EXHIBIT "A" SITE PLAN [In PARKDALE CROSSING rnrc otnr EXHIBIT SEQ OF DOWLEN ROM & CROW ROAD RF111&LINT TFFAC N I I I I I I J fg;;�nr2u, est ore "Way N. BBT. W. Snm xouaWn Paebvay N. TOa I 211. Nouslon,Tom..1010 T01.6..AT00 rw,w.novmuaeLwm September 19, 2017 Consider approving an ordinance allowing the parking and occupancy of Recreational Vehicles (RVs), manufactured and industrialized housing as temporary living quarters within residential districts, while the damage to their property caused by Hurricane Harvey is being repaired BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Chris Boone, Planning & Community Development Director MEETING DATE: September 19, 2017 REQUESTED ACTION: Council consider approving an ordinance allowing the parking and occupancy of Recreational Vehicles (RVs), manufactured and industrialized housing as temporary living quarters within residential districts, while the damage to their property caused by Hurricane Harvey is being repaired. BACKGROUND Use of Recreational Vehicles (RVs) and manufactured housing are prohibited by the Zoning Ordinance except in designated travel trailer and mobile home parks and subdivisions. However, as many as 2,000 households in Beaumont have been affected by Hurricane Harvey and many more in our region. The Federal Emergency Management Administration (FEMA) is attempting to provide housing in hotels and apartments. However, given the number of those affected throughout Southeast Texas, a survey of local hotels and apartment complexes found that not enough housing units are available. As a result of this housing shortage, other types of temporary housing will be necessary. Therefore, it would be in the best interest of the residents to allow temporary housing for one year. As the one year deadline approaches, residents, upon application to the Planning & Community Development Department, would be allowed the opportunity to request an extension of up to six months. An extension could then be granted by the City Council if the home is still under construction, the resident is in litigation with their insurance company or if they have applied for and are awaiting CDBG disaster recovery assistance. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of the Ordinance. ORDINANCE NO. ENTITLED AN ORDINANCE ALLOWING A PERIOD OF ONE (1) YEAR WITH AN OPTION TO EXTEND UP TO SIX (6) MONTHS FOR THE PARKING, USE AND OCCUPANCY OF RECREATIONAL VEHICLES, MANUFACTURED AND INDUSTRIALIZED HOUSING AS TEMPORARY LIVING QUARTERS ON RESIDENTIAL PROPERTY DURING THE PERIOD OF REPAIR OR RECONSTRUCTION OF DAMAGE TO PROPERTY CAUSED BY HURRICANE HARVEY; PROVIDING FOR SEVERABILITY; AND PROVIDING A PENALTY. WHEREAS, the impact of Hurricane Harvey has resulted in the damage and destruction of numerous residential properties within the City of Beaumont; and, WHEREAS, the use and occupancy of recreational vehicles, manufactured and industrialized housing will be viable for use as temporary living quarters while these properties are being repaired; and, WHEREAS, the City Council has determined that it is in the best interest of the City of Beaumont in the protection of the public health, safety and welfare of its residents that recreational vehicles, manufactured and industrialized housing be allowed for occupancy on residential property as temporary housing during the period of repair or reconstruction of these hurricane -damaged properties; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: Section 1. THAT it is hereby permitted for a period of one (1) year with an option to extend up to six (6) months, with City Council approval, from the effective date of this ordinance the parking, use, and occupancy of recreational vehicles, manufactured and industrialized housing on residential property as temporary living quarters by property owners while the damage to these properties caused by Hurricane Harvey is being repaired. Section 2. It shall be unlawful for any person to park any such recreational vehicles, manufactured and industrialized housing used for purposes of occupancy as temporary living quarters on any street, highway, alley, sidewalk, or other public place in the City of Beaumont. Section 3. That if any section, subsection, sentence, clause or phrase of this ordinance, or the application of same to a particular set of persons or circumstances, should for any reason be held to be invalid, such invalidity shall not affect the remaining portions of this ordinance, and to such end, the various portions and provisions of this ordinance are declared to be severable. Section 4. That 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. The meeting at which this ordinance was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 19th day of September, 2017. - Mayor Becky Ames - September 19, 2017 Consider authorizing the City Manager to award a bid to LD Construction, of Beaumont for the Calder Avenue Asphalt Resurfacing Project from Arlington Drive to Phelan Boulevard BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Dr. Joseph Majdalani, P.E., Public Works Director MEETING DATE: September 19, 2017 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to award a bid to LD Construction, of Beaumont, Texas for the Calder Avenue Asphalt Resurfacing Project, Limits: Arlington Drive to Phelan Boulevard. BACKGROUND This section of Calder Avenue is a heavily traveled, two (2) lane roadway, that has experienced numerous failures and after continual repair efforts now requires resurfacing to extend the life of the roadway. On August 24, 2017, bids were solicited for furnishing all labor, materials, equipment, and supplies for the project. Three (3) bids were received as indicated in the table below: Contractor Location Bid Amount Old Castle Materials Texas, Inc., dba Gulf Coast an Old Castle Company Beaumont, TX $638,409.00 LD Construction Beaumont, TX $671,183.00 ALLCO, LLC Beaumont, TX $775,199.00 Section 0100 Instruction to Bidders in the advertised contract documents states: I. COMPETENCY OF BIDDERS - In selecting the lowest, responsive, responsible Bidder, consideration will be given to the financial standing and ability of the Bidder to satisfactorily complete the job being bid. Also, consideration will be given to the competence, judgment, skill, ability and capacity of the Bidder to perform the work in accordance with the terms and conditions of the specification. Finally, consideration will be given to the past experience of the municipality with the Bidder and the experience of the Bidder with other governmental entities As per this section, the Public Works Engineering staff recommends disqualification of the lowest bidder due to past work history, and therefore proposes this project be awarded to the second lowest bidder, LD Construction in the amount of $671,183.00. A total of 90 calendar days are allocated for completion of the project. Page 2 September 19, 2017 Calder Avenue Asphalt Resurfacing Project FUNDING SOURCE Capital Program. RECOMMENDATION Approval of resolution. SECTION 0210 BID TAB PW0617-08 For: CALDER AVENUE ASPHALT RESURACING PROJECT (FROM ARLINGTON DRIVE TO PHELAN BLVD.) City of Beaumont, Texas BID NO. 01 BID NO. 02 BID NO. 03 Old Castle Materials Texas, Inc., dba Gulf Coast an Old Castle Company LD Construction ALLCO, LLC Item No. Item Code Description Estimated Quantity Unit Unit Price Total Unit Price Total Unit Price Total 204 6003 SPRINKLING (DUST CONTROL) 70 MG S 19.75 S 1,382.50 S 10.00 S 700.00 S 81.00 $ 5,670.00 340 6194 D -GR HMA(SQ) TY -F PG70-22 (1.25" Wearing Surface) 26,000 SY $ 5.75 $ 149,500.00 S 4.50 $ 117,000.00 $ 6.25 $ 162,500.00 340 6047 ID -GR HMA(SQ) TY -C PG70-22 (2" Level -Up) 2,900 TON S 72.00 $ 208,800.00 $ 80.00 $ 232,000.00 S 92.00 $ 266,800.00 351 6010 FLEXIBLE PAVEMENT STRUCTURE REPAIR (12") 1,100.00 SY S 93.00 $ 102,300.00 $ 80.00 $ 88,000.00 S 77.00 $ 84,700.00 354 6170 PLANE ASPH CONC PAV (3") 26,000 SY $ 2.65 S 68,900.00 $ 3.00 S 78,000.00 $ 3.85 S 100,100.00 500 6001 MOBILIZATION 1 LS $ 33,735.00 $ 33,735.00 S 50,000.00 $ 50,000.00 S 38,100.00 $ 38,100.00 502 6001 BARRICADES SIGNS AND TRAFFIC HANDLING 3 MON S 1,500.00 $ 4,500.00 $ 10,000.00 $ 30,000.00 S 9,831.00 S 29,493.00 530 6011 DRIVEWAYS AND APRONS (2" -D -GR HMA(SQ) TY -C PG70-22) 600 TON S 93.00 $ 55,800.00 S 100.00 $ 60,000.00 S 122.00 S 73,200.00 666 6041 REFL PAV MRK TY I (W) 12"(SLD)(100MIL) 500 LF $ 3.00 $ 1,500.00 $ 4.00 $ 2,000.00 S 3.25 $ 19625.00 666 6126 REFL PAV MRK TY I (Y) 4"(SLD) (100MIL) 169900 LF $ 0.38 S 6,422.00 $ 0.40 $ 6,760.00 S 0.42 $ 7,098.00 666 REFL PAV MRK TY I (Y) 8"(SLD) (100MIL) 735 LF $ 1.70 $ 1,249.50 $ 1.80 $ 1,323.00 $ 1.80 $ 1,323.00 666 REFL PAV MRK TY I (W) 8"(SLD)(100MIL) 19600 LF $ 1.70 S 2,720.00 $ 2.00 S 3,200.00 $ 1.80 $ 2,880.00 668 6077 PREFAB PAV MRK TY C (W) (ARROW) 5 EA S 145.00 $ 725.00 $ 200.00 S 1,000.00 $ 155.00 S 775.00 668 6078 PREFAB PAV MRK TY C (W) (DBL ARROW) 1 EA $ 260.00 S 260.00 $ 300.00 S 300.00 $ 275.00 $ 275.00 668 6085 PREFAB PAV MRK TY C (W) (WORD) 3 EA $ 205.00 $ 615.00 $ 300.00 $ 900.00 $ 220.00 S 660.00 BID TOTAL $ 638,409.00 $ 671,183.00 $ 775,199.00 BEAUM©NT TEXAS 9/13/2017 HEC RESOLUTION NO. WHEREAS, bids were solicited for a contract to provide all labor, materials, equipment and supplies for the Calder Avenue Asphalt Resurfacing (Arlington Drive to Phelan Boulevard) Project; and, WHEREAS, LD Construction, of Beaumont, Texas, submitted a bid in the amount of $671,183.00; and, WHEREAS, City Council is of the opinion that the bid submitted by LD Construction, of Beaumont, Texas, should be accepted; NOW, THEREFORE, BE IT RESOLVED 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 the bid submitted by LD Construction, of Beaumont, Texas, in the amount of $671,183.00 for a contract to provide all labor, materials, equipment and supplies for the Calder Avenue Asphalt Resurfacing (Arlington Drive to Phelan Boulevard) Project be accepted by the City of Beaumont; and, BE IT FURTHER RESOLVED THAT the City Manager be and he is hereby authorized to execute a contract with LD Construction, of Beaumont, Texas, for the purposes described herein. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 19th day of September, 2017. - Mayor Becky Ames - September 19, 2017 Consider authorizing the City Manager to award a bid to ALLCO, LLC, of Beaumont for the Bigner Road Asphalt Resurfacing Project, from Roland Road to East Lucas Drive BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Dr. Joseph Majdalani, P.E., Public Works Director MEETING DATE: September 19, 2017 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to award a bid to ALLCO, LLC, of Beaumont, Texas for the Bigner Road Asphalt Resurfacing Project, Limits: Roland Road to East Lucas Drive. BACKGROUND This section of Bigner Road is a heavily traveled, two (2) lane roadway, that has experienced numerous failures and after continual repair efforts now requires resurfacing to extend the life of the roadway. On August 24, 2017, bids were solicited for furnishing all labor, materials, equipment, and supplies for the project. Three (3) bids were received as indicated in the table below: Contractor Location Base Bid Amount Old Castle Materials Texas, Inc., dba Gulf Coast an Old Castle Company Beaumont, TX $461,356.65 ALLCO, LLC Beaumont, TX $539,750.65 LD Construction Beaumont, TX $546,373.50 Section 0100 Instruction to Bidders in the advertised contract documents states: I. COMPETENCY OF BIDDERS - In selecting the lowest, responsive, responsible Bidder, consideration will be given to the financial standing and ability of the Bidder to satisfactorily complete the job being bid. Also, consideration will be given to the competence, judgment, skill, ability and capacity of the Bidder to perform the work in accordance with the terms and conditions of the specification. Finally, consideration will be given to the past experience of the municipality with the Bidder and the experience of the Bidder with other governmental entities As per this section, the Public Works Engineering staff recommends disqualification of the lowest bidder due to past work history, and therefore proposes this project be awarded to the second lowest bidder, ALLCO, LLC in the amount of $539,750.65. A total of 120 calendar days are allocated for completion of the project. Page 2 September 19, 2017 Bigner Road Asphalt Resurfacing Project FUNDING SOURCE Capital Program. RECOMMENDATION Approval of resolution. For: Bigner Road Ashphalt Resurfacing Project Limits: From Roland Road to East Lucas City of Beaumont SECTION 0210 BID TAB PW0617-07 Old Castle Materials Texas, Inc., dba Gulf Coast and Old Castle Company ALLCO, LLC BASE BID LD Construction Unit Price Total Unit Price Total Unit Price Total $ 79.50 $ 112.413.00 $ 97.00 $ 137,158.00 $ 80.00 $ 113,120.00 $ 4.85 $ 79.171.40 $ 6.35 $ 103.657.40 $ 5.80 S 94.679.20 S 105.00 $ 36.225.00 $ 125.00 $ 43,125.00 $ 100.00 S 34.500.00 $ 32.750.00 S 32.750.00 $ 27.200.00 $ 27,200.00 S. 40.000.00 S 40.000.00 $ 1.000.00 $ 4,000.00 $ 5,600.00 $ 22.400.00 $ 11,125.00 $ 44.500.00 $ 3.00 $ 165.00 $ 3.25 $ 178.75 $ 3.30 $ 181.50 S 1.25 $ 68.75 $ 1.50 $ 82.50 $ 1.38 S 75.90 $ 8.00 $ 192.00 $ 8.50 S 204.00 $ 8.80 $ 211.20 $ 2.00 $ 48.00 $ 2.50 $ 60.00 $ 2.20 $ 52.80 $ 1.50 $ 1.134.00 $ 1.60 $ 1.209.60 $ 1.65 $ 1.247.40 $ 0.55 $ 415.80 $ 0.65 $ 491.40 $ 0.61 $ 461.16 $ 1.50 $ 2.263.50 $ 1.60 S 2.414.40 $ 1.65 S 2.489.85 $ 0.55 $ 829.95 $ 0.65 $ 980.85 $ 0.61 $ 920.49 $ 350.00 $ 350.00 1$ 360.00 $ 360.00 1 $ 385.00 $ 385.00 $ 200.00 $ 200.00 $ 210.00 $ 210.00 $ 200.00 $ 200.00 $ 350.00 $ 350.00 S 365.00 $ 365.00 $ 385.00 $ 385.00 SUBTOTAL $ 270,576.40 SUBTOTAL S 340,096.90 SUBTOTAL $ 333,409.50 9/13/2017 JAH BASE BID - Item I Item Description Estimated Unit Unit Price Total Unit Price Total Unit Price Total No. Code uanti 251 1 6926 IREWORK BS MTL (TY B) (10') (ORD COMP) (6% cctn-lime slurry) 17,747 SY $ 10.75 $ 190,780.25 S 11.25 S 199.653.75 1 S 12.00 1 S 212.964.00 BASE BID TOTAL $ 461,356.65 BASE BID TOTAL S 539,750.65 1 BASE BID TOTAL S 546,373.50 ALTERNATIVE BID Item Item Description Estimated Unit Unit Price Total Unit Price Total Unit Price Total No. Code Quantity 251 1 6927 IREWORK BS MTL (TY B) (10-) ORD COMP Alternative- DRP) 17,747 SY $ 12.50 $ 221,837.50 $ 11.75 $ 208.527.25 $ 37.56 IS 666,590.50 ALTERNATIVE BID ALTERNATIVE BID ALTERNATIVE BID TOTAL 5 492.413.90 TOTAL $ 548.624.15 TOTAL $ 1.000.000.00 9/13/2017 JAH RESOLUTION NO. WHEREAS, bids were solicited for a contract to provide all labor, materials, equipment and supplies for the Bigner Road Asphalt Resurfacing (Roland Road to East Lucas Drive) Project; and, WHEREAS, ALLCO, LLC, of Beaumont, Texas, submitted a bid in the amount of $539,750.65; and, WHEREAS, City Council is of the opinion that the bid submitted by ALLCO, LLC, of Beaumont, Texas, should be accepted; NOW, THEREFORE, BE IT RESOLVED 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 the bid submitted by ALLCO, LLC, of Beaumont, Texas, in the amount of $539,750.65 for a contract to provide all labor, materials, equipment and supplies for the Bigner Road Asphalt Resurfacing (Roland Road to East Lucas Drive) Project be accepted by the City of Beaumont; and, BE IT FURTHER RESOLVED THAT the City Manager be and he is hereby authorized to execute a contract with ALLCO, LLC, of Beaumont, Texas, for the purposes described herein. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 19th day of September, 2017. - Mayor Becky Ames - 11 September 19, 2017 Consider authorizing the City Manager to award a bid to CleanServe, LLC, of Pearland, Texas for the Sanitary Sewer Evaluation Work Order Contract BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Dr. Joseph Majdalani, P.E., Public Works Director MEETING DATE: September 19, 2017 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to award a bid to C1eanServe, LLC, of Pearland, Texas for the Sanitary Sewer Evaluation Work Order Contract. BACKGROUND As part of the City's Sanitary Sewer Overflow Initiative (SSOI), the Sanitary Sewer Evaluation Work Order Contract will be used to clean, televise, and evaluate the City's sanitary sewer collection system to identify cost effective methods to rehabilitate defective manholes and mainlines. On August 10, 2017, bids were solicited for furnishing all labor, materials, equipment, and supplies for the project. Three (3) bids were received. One (1) bid from Magna Flow Environmental Services was disqualified as being noncompliant with the Bid Schedule requirements. The two (2) qualified bids are outlined in the table below: Contractor Location Total Base Allowance Total Award Bid Amount CleanServe, LLC Pearland, TX $565,187.50 $25,000.00 $590,187.50 ALLCO Beaumont, TX $621,706.25 $25,000.00 $646,706.25 Based on a review of the bids received and the qualifications of the low bidder, the City Water Utilities Engineer recommends award to C1eanServe, LLC in the amount of $590,187.50. The recommended award is for Base Bid Items No. 1 through 21 and the Allowance. A total of 730 calendar days are allocated for completion of the project. FUNDING SOURCE Capital Program. RECOMMENDATION Approval of resolution. RESOLUTION NO. WHEREAS, bids were solicited for furnishing all labor, materials, equipment, and supplies for the Sanitary Sewer Evaluation Work Order Contract; and, WHEREAS, CleanServe, LLC, of Pearland, Texas, submitted a bid in the amount of $565,187.50, with an allowance of $25,000.00, for a total award of $590,187.50; and, WHEREAS, City Council is of the opinion that the bid submitted by CleanServe, LLC, of Pearland, Texas, should be accepted; NOW, THEREFORE, BE IT RESOLVED 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 the bid submitted by CleanServe, of Pearland, Texas, for the furnishing of all labor, materials, equipment and supplies for the Sanitary Sewer Evaluation Work Order Contract in the amount of $565,187.50, with a $25,000 allowance, for a total award of $590,187.50, be accepted by the City of Beaumont. THAT the City Manager be and he is hereby authorized to execute a contract with CleanServe, of Pearland, Texas, for the purposes described herein. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 19th day of September, 2017. - Mayor Becky Ames - PUBLIC HEARING * Receive comments on the 2017 (FY 2018) proposed tax rate TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Todd Simoneaux, Chief Financial Officer MEETING DATE: September 19, 2017 REQUESTED ACTION: Council to hold a public hearing on the 2017 (FY 2018) proposed tax rate. BACKGROUND Chapter 26 of the Property Tax Code requires taxing units to comply with truth -in -taxation laws in adopting their tax rate. Two public hearings are required if the proposed rate of $.71/$100 of valuation exceeds the lower of the rollback rate of $.745016/$100 of valuation or the effective tax rate of $.677701/$100 of valuation. A Notice of Proposed Tax Rate is required to be published in the newspaper, on the city website, and on a television channel, if available. This notice was published in the newspaper on September 6, 2017 and on the website and on the cable channel 4 on September 5, 2017. The first public hearing was held on September 12, 2017. FUNDING SOURCE Not applicable. RECOMMENDATION Hold public hearing.