HomeMy WebLinkAboutPACKET JUL 24 2018BEAUMONT
REGULAR MEETING OF THE CITY COUNCIL
COUNCIL CHAMBERS July 24, 2018 1:30 PM
CONSENT AGENDA
* Approval of minutes — July 17, 2018
Confirmation of board and commission member appointments
A. Authorize the settlement of the claim of Carla Tyler
B. Approve a resolution accepting maintenance of the street, storm sewer, water and sewer
improvements in Deerfield Phase VI, Subdivision
C. Authorize the settlement of the lawsuit styled Corey Lane, Individually and as Next
Friend of Corey Lane, Jr. vs. City of Beaumont; Cause No. B-201,777
D. Authorize the settlement of the lawsuit styled Joseph Fazio v. City of Beaumont; Cause
No. 129808
BEAUMONT
TEXAS
TO: City Council
FROM: Kyle Hayes, City Manager -
PREPARED BY: Tyrone E. Cooper, City Attorney
MEETING DATE: July 24, 2018
REQUESTED ACTION: Council consider a resolution authorizing the settlement of the
claim of Carla Tyler.
BACKGROUND
This matter was presented and discussed in Executive Session held on July 17, 2018. The City
Attorney is requesting authority to settle this claim in the amount of $11,725.94.
FUNDING SOURCE
General Liability Fund.
RECOMMENDATION
Approval of resolution.
RESOLUTION NO.
WHEREAS, the claim of Carla Tyler was discussed in Executive Session
properly called and held Tuesday, July 17, 2018; and,
WHEREAS, the City Attorney is requesting authority to settle this claim;
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 City Attorney be, and he is hereby, authorized to settle the claim of
Carla Tyler for the sum of Eleven Thousand Seven Hundred Twenty -Five and 94/100
Dollars ($11,725.94); and,
BE IT FURTHER RESOLVED THAT the City Manager be and he is hereby
authorized to execute all documents related to settlement of the claim.
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 24th day of
July, 2018.
- Mayor Becky Ames -
BEAUMONT
TEXAS
TO: City Council
FROM:, Kyle Hayes, City Manager
PREPARED BY: Dr. Joseph Majdalani, P.E., Public Works Director
MEETING DATE: July 24, 2018
REQUESTED ACTION: Council consider a resolution accepting maintenance of the street,
storm sewer, water and sewer improvements in Deerfield Phase VI,
Subdivision.
BACKGROUND
On July 6, 2018, a final inspection from all entities was completed and administration recommends
approval of the following:
• Complete the Cul de Sac and length of Vaquero Drive on the east side that connects to
Deerfield Drive.
• Complete the length of Vaquero Drive that starts at the west side of Deerfield Drive and
extends east to include the Cul de Sac.
Recommended for approval are the storm sewer, water and sewer improvements for Deerfield
Phase VI, Subdivision right-of-way only.
FUNDING SOURCE
Not applicable
RECOMMENDATION
Approval of resolution.
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RESOLUTION NO.
WHEREAS, construction of the street, storm sewer, water and sanitary sewer
improvements constructed in Deerfield Phase VI Subdivision have been completed as
follows:
; and,
Street
• Complete the cul-de-sac and length of Vaquero Drive on the east side
that connects to Deerfield Drive
• Complete the length of Vaquero Drive that starts at the west side of
Deerfield Drive and extends east to the cul-de-sac
Street Maintenance, Storm Sewer, Water and Sanitary Sewer Improvements
• Deerfield Phase VI Subdivision right-of-way only
WHEREAS, the developers of said improvements desire to have these
improvements accepted and maintained by the City; and,
WHEREAS, the director of the Public Works and Engineering Department has
determined that said improvements meet city standards and qualify for acceptance for
permanent maintenance, and the City Council is of the opinion that said improvements
should be accepted and maintained by the City of Beaumont;
NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the statements and findings set out in the preamble to this resolution are hereby,
in all things, approved and adopted; and,
THAT the above -referenced street, storm sewer, water and sanitary sewer
improvements in Deerfield Phase VI Subdivision, with the exception of streetlights, are
hereby accepted by the City of Beaumont and shall be continuously maintained by the
City contingent upon filing of the final plat, complete with filings of dedication of all
rights-of-way and easements required on the preliminary and final plats and installation
of the streetlights.
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 24th day of
July, 2018.
- Mayor Becky Ames -
C
BEAUMONT
TEXAS
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Tyrone E. Cooper, City Attorney
MEETING DATE: July 24, 2018
REQUESTED ACTION: Council consider a resolution authorizing the settlement of the
lawsuit styled Corey Lane, Individually and as Next Friend of
Corey Lane, Jr. vs. City of Beaumont; Cause No. B-201,777.
BACKGROUND
The lawsuit styled Corey Lane, Individually and as Next Friend of Corey Lane, Jr. vs. City of
Beaumont; Cause No. B-201,777, was presented and discussed in Executive Session held on July
17, 2018. The City Attorney is requesting authority to settle this suit with the City in the amount
of $96,500.00.
FUNDING SOURCE
General Liability Fund.
RECOMMENDATION
Approval of resolution.
RESOLUTION NO.
WHEREAS, the lawsuit styled Corey Lane, Individually and as Next Friend of
Corey Lane, Jr. vs. City of Beaumont; Cause No. B-201,777, was discussed in
Executive Session properly called and held Tuesday, July 17, 2018; and,
WHEREAS, the City Attorney is requesting authority to settle the lawsuit; and,
WHEREAS, the City Council has considered the merits of the request and is of
the opinion that it is in the best interest of the City to settle the claim;
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 City Attorney be, and he is hereby, authorized to settle the claim of
Corey Lane in the lawsuit styled Corey Lane, Individually and as Next Friend of Corey
Lane, Jr. vs. City of Beaumont; Cause No. B-201,777, for the sum of Ninety -Six
Thousand Five Hundred and XX/100 Dollars ($96,500.00); and,
BE IT FURTHER RESOLVED THAT the City Manager be and he is hereby
authorized to execute all documents related to settlement of the claim.
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 24th day of
July, 2018.
- Mayor Becky Ames —
L!]
BEAUMONT
TEXAS
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Tyrone E. Cooper, City Attorney
MEETING DATE: July 24, 2018
REQUESTED ACTION: Council consider a resolution authorizing the settlement of the
lawsuit styled Joseph Fazio v. City of Beaumont; Cause No.
129808.
BACKGROUND
The lawsuit styled Joseph Fazio v. City of Beaumont; Cause No. 129808, was presented and
discussed in Executive Session held on July 17, 2018. The City Attorney is requesting authority
to settle this suit with the City in the amount of $16,000.00.
FUNDING SOURCE
General Liability Fund.
RECOMMENDATION
Approval of resolution.
RESOLUTION NO.
WHEREAS, the lawsuit styled Joseph Fazio v. City of Beaumont; Cause No.
129808, was discussed in Executive Session properly called and held Tuesday, July 17,
2018; and,
WHEREAS, the City Attorney is requesting authority to settle the lawsuit; and,
WHEREAS, the City Council has considered the merits of the request and is of
the opinion that it is in the best interest of the City to settle the claim;
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 City Attorney be, and he is hereby, authorized to settle the claim of
Joseph Fazio in the lawsuit styled Joseph Fazio v. City of Beaumont; Cause No.
129808, for the sum of Sixteen Thousand and XX/100 Dollars ($16,000.00); and,
BE IT FURTHER RESOLVED THAT the City Manager be and he is hereby
authorized to execute all documents related to settlement of the claim.
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 24th day of
July, 2018.
- Mayor Becky Ames -
BEAUMONT
TEXAS
REGULAR MEETING OF THE CITY COUNCIL
COUNCIL CHAMBERS JULY 24, 2018 1:30 PM
AGENDA
CALL TO ORDER
* Invocation Pledge Roll Call .
* Presentations and Recognition
* Public Comment: Persons may speak on scheduled agenda items 5 and 6/Consent
Agenda
* Consent Agenda
GENERAL BUSINESS
1. Consider a request for a Specific Use Permit to allow a Brewery (may include
food service) in the CBD (Central Business District) for property located at 585
Wall Street
2. Consider a request for a Specific Use Permit to allow an elementary school and
secondary school in a GC -MD (General Commercial -Multiple Family Dwelling)
District for property located at 7705 Calder Avenue
3. r Consider a request for an amended Specific Use Permit to expand a school located
at 7720 Park North Drive
4. Consider a request for a Specific Use Permit to allow a mini storage facility in a
GC -MD (General Commercial -Multiple Family Dwelling) District for property
located at Parkdale Mall, near 6475 Eastex Freeway
5. Consider granting a new solid waste transportation service agreement with DSC
Carting, LLC
COMMENTS
Public Comment (Persons are limited to 3 minutes)
* Councilmembers/City Manager comment on various matters
EXECUTIVE SESSION
Consider matters related to contemplated or pending litigation in accordance with
Section 551.071 of the Government Code:
Claim of Shirley Allen
City of Beaumont vs. APAC-Texas, Inc.; Cause No. A-201103
In Re: O1dCastle Materials Texas, Inc. D/B/A Gulf Coast; Cause No. E-
200934
GENERAL BUSINESS
6. Consider a resolution approving the settlement of pending litigation between the City
of Beaumont and APAC-Texas, Inc. and Oldcastle Materials Texas, Inc. (Cause Nos.
A-201103 and E-200934)
Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or
services are requested to contact Kaltrina Minick at 880-3777.
1
July 24, 2018
Consider a request for a Specific Use Permit to allow a Brewery (may include food service) in the
CBD (Central Business District) for properly located at 585 Wall Street
BEAUMONT
TEXAS
TO: City Council
FROM: Kyle Hayes, City Manager
cs 3
PREPARED BY: Chris Boone, Planning & Community Development Director
MEETING DATE: July 24, 2018
REQUESTED ACTION: Council consider a request for a Specific Use Permit to allow a
Brewery (may include food service) in the CBD (Central Business
District) for property located at 585 Wall Street.
BACKGROUND
Pour Brothers Brewery, L.L.C. is requesting a Specific Use Permit to open a manufacturing
brewery with tastings at 585 Wall Street. The brewery would produce less than 15,000 barrels a
year, classifying the facility as a microbrewery. Hours of operation would be 5 p.m. to 11 p.m.
Monday through Saturday and select Sundays from 12 p.m. to 11 p.m. Plans are to eventually
employee 8-10 full-time employees and 6-8 part time employees. As the property is located in
the CBD, (Central Business District) no off-street parking is required. Occasional live
entertainment and food trucks would be hosted at the facility.
At a Joint Public Hearing held on July 16, 2018, the Planning Commission recommended
8:0 to approve a request for a Specific Use Permit to allow a brewery (may include food service)
in the CBD (Central Business District) for property located at 585 Wall Street.
FUNDING SOURCE
Not applicable.
RECOMMENDATION
Approval of the ordinance.
SPECIFIC USE PERMIT APPLICATION
BEAUMONT, TEXAS
(Chapter 28, City Codes)
TO: THE PLANNING COMMISSION AND CITY COUNCIL, CITY OF BEAUMONT, TEXAS
kPPLICANT'S NAME: Pour Brothers Brewery, LLC
.-%i'PLIC:-v.`-T'S ADDRESS: 470 Orleans, Suite 810; Beaumont, TX 77701
APPLICANT'S PHONE #: 409.832.7400
NAME OF OWNER: Colburn & Angie McClelland
FAX
tDDRESS OF OWNER: 414 Dowlen Rd; Beaumont, TX 77706
LOCATION OF PROPERTY: 585 Wall St; Beau
LEGAL DESCRIPTION OF PROPERTY:
LOT NO. 397 & 398
BLOCK NO. 56
ADDITION 101 -SA
NUMBER OF ACRES 0.3306
TX 77701
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.
PROPOSED USI;: Manufacturing Brewery ZONE: Commercial; Downtown NE.Z
ATTACH A TETTER 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 TILE 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. PLF Mi.'sE
ADDRESS EACH CONDITION IN DETAIL.
ATTACK THE APPROPRIATE APPLICATION FEE:
LESS THAN'/2 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 sig „landscaping and parking areas dcpicled on !hc
site plan shall be adhered to as amended and approved by City Council.
SIGNATURE OF APPLICANT: 8 DATE: 06/22/2018 �}
SIGNATURE OF OWNER:. � DATE:
PLEASE TYPE OR PRINT AND SU MIT TO: CITY OF BEAUMONT
PLANNING DIVISION
801 MAIN STREET, ROOM 201
FILE NUMBER:
Z,35-7 _ BEAUMONT, TX 77701
DATE RECEIVED: Phone - (409) 880-3764
Fax - (409) 880-3133
PI.FASF MAKE NOTE ON RF.vFRSE SIDE OF CONDITIONS TO BE MET REGARDING THE SITE PLAN AND LETTER OF PROPOSF.D.I :SES A\D ACTN;TIi-S.
To: City of Beaumont Planning Division
From: Pour Brothers Brewery, LLC
Regarding Specific Use Permit for 585 Wall St
Pour Brothers Brewery, LLC intends to use the warehouse property located at 585 Wall St, Beaumont, TX
77701 as a microbrewery (less than 15,000 bbls/yr) producing craft beer and tasting room for customers
to sample product. The processes and activities involved in the operation are brewing beer; shipping
and receiving of goods; removal of spent grains; cleaning and maintenance of brewery equipment;
serving beer samples in the tasting room; outdoor recreation/entertainment; conducting brewery tours;
third -party food truck operations; and live music/special events. Further details of each of these items
are attached with this letter.
Our intended hours of operations will be Thursday through Saturday, 5pm —11pm and select Sundays
12pm —11pm. Brewing will occur twice a week and brew days/hours will be set the discretion of the
head brewer.
Initially, the brewery will employ up to 3 part-time servers and 1 full-time delivery driver. This staff will
augment the labor provided by the founding partners who will act as management, sales, and brewing
staff. As demand and production increase, additional staff will be added where needed. Our 10 -year
plan accounts for 8-10 full-time employees and 6-8 part-time employees.
Zoning Ordinance Requirements:
1. The subject property occupies a corner lot with wide berths all around to separate it from
nearby properties. The only near -adjacent buildings that may be exposed to brewery activities
are shielded by the building itself as well as a 20 ft. easement. These factors should sufficiently
reduce any risk of injury to those properties.
2. Allowing a microbrewery to operate on this property will not impede the normal and orderly
development of surrounding vacant property. In fact, we hope to eventually purchase the
adjacent lot for expanded production, and will encourage additional developments nearby to
help promote our own business. We also believe this will be a welcome addition for the closely
located restaurants, businesses, and apartments/condominiums in the neighborhood.
3. Upgrades to the property for water line, waste water management specific to the proposed use,
and a 3-phase electric circuit are part of our development plan for the location. All additional
utilities, roads and drainage are adequate for the proposed use. Surrounding 2 -lane roads with
easy access to/from College St, and therefore 1-10 make shipping and receiving convenient.
There are no special drainage needs for our proposed use.
4. Surrounding 2 -lane roadways as well as on -street and across -street parking make for convenient
ease of movement for vehicular and pedestrian traffic. On-site concrete pad will also provide a
more than ample space for brewery owned vehicles, delivery vehicles, and food trucks.
5. All production will occur in the building with minimum noise which will be insulated by the brick
building. During brew cycles, a semi -sweet, malty odor may be noticed by downwind
properties; however, if deemed a nuisance, active carbon filters can be utilized to address the
issue. Noise pollution for special events will be relegated to remain within acceptable hours
based on city ordinance.
6. All new lighting installed will be directional lighting intended for signage or, property use only.
Little -to -no light bleed is expected with the intended use.
7. The existing metal fence, the building itself, and the decorative trees lining the sidewalk around
the property should be sufficient to screen property activities from adjacent properties.
8. To the best of the knowledge of Pour Brothers Brewery, LLC, the proposed use for this property
is consistent with the City of Beaumont's Comprehensive Plan
Attachment 1: Process and ActivitV Details Page 1 of 2
All employees involved in the brewing process will perform industry training on-site for process and
safety. The brewing process consists of:
• The brewing process starts by heating water (liquor) in the Hot Liquor Tank (HLT).
• Once the water has reached the desired temperature, the malt is milled and transferred to the
mash tun as water from the HLT is transferred simultaneously to avoid clumping of the grain.
• This mixture is held in the mash tun for one hour. Next, the malt will be sparged, which is adding
. more water to ensure maximum release of converted sugars to the liquid (wort).
• The wort is then transferred to the boil kettle to be boiled for 60-90 minutes. It is during this
time that hops are added at specific intervals as determined by the recipe.
• As the kettle is boiling, the spent grains left behind in the mash tun will be removed and placed
in containers to be removed later by local farmers for animal feed or compost.
• Once the boil is complete, it is necessary to cool the wort to approximately 65 degrees as soon
as possible. This is accomplished by a two stage system:
o A cold liquor tank that holds water in cold storage is pumped into a heat exchanger at
the same time as the wort is circulated through a plate cooling system. The heated
water is then transferred to the HLT to be used for the next brew cycle or for cleaning in
order to save wasted utility costs.
o Once the wort is cooled to approximately 100 degrees, a glycol chiller will reduce the
temperature to the necessary 65 degrees.
• At this point, the wort is transferred to a fermenter where yeast is added.
• Fermentation takes 7-14+ days, and once complete, the beer will be transferred to serving tanks
(brite tanks) in cold storage.
• The beer will be carbonated in the tanks and aged for a minimum of 7 days before distribution.
Attachment 1: Process and ActivitV Details Page 2 of 2
Brewery operations related to, but not directly part of beer manufacture:
• Receiving goods required for brewing process and distribution will involve delivery vehicles of
multiple types depending on the items and quantity being delivered, but will not exceed an 18 -
wheeler box trailer. Deliveries will typically consist of large vans or trucks supplying hops,
grains, kegs, cans, labels supplies, and miscellaneous ingredients. Initial expectation is that no
more than one large delivery will be required per week.
• Shipping of goods produced to customer locations will involve a company owned refrigerated
truck/van carrying kegs or cans to restaurants, bars, package stores, and grocers. Initial
expectation is that these deliveries will occur 3-5 days per week depending on customer
schedules and consumption rates.
• Removal of spent grain will occur after each brewing process. The spent grain will be sidelined
into plastic barrels and sealed for offsite disposal. The expectation is that local farmers and
ranchers will be willing/able to use this spent grain as livestock feed or fertilizer.
• Brewhouse cleaning will occur after each brewing process. The process consists of:
1. Pre Rinse: Water is used to wash away a majority of the soils.
2. Caustic Wash: Caustic soda (sodium hydroxide) is used to break down all organic soils
and is captured to be used again.
3. Rinse: Water is used to rinse the tank and is often recovered.
4. Acid Wash: Phosphoric acid is used to remove any beerstone buildup and is capture to
be used again.
5. Rinse: Water is used to rinse the tank and is then drained
6. Sanitisation: PAA (peracetic acid) is used to sanitize and disinfect the tank
Secondary operations will include the serving of beer samples in the tasting room. All servers will be
required to complete the TABC training course as well as in-house training. Samples will be served in 8
oz. portions for consumption on -premise.
Regular activities at the site will include an outdoor space for recreation and entertainment and brewery
tours. The outdoor space will be a fenced -in area with lighting, picnic tables, and yard games. Brewery
tours will be available during tasting room hours unless otherwise arranged in advance. No customers
will be allowed into the brewery space during production.
Occasional activities will include on -premise food trucks and live music events. As possible, we will
invite food trucks to park on-site for customer convenience, but also intend to extend the invite to
multiple food trucks for some special events. Also for special events and occasions, musicians -,or bands
will be invited to perform on -premise.
ORDINANCE NO.
ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE
PERMIT TO ALLOW A MANUFACTURING BREWERY
WITH TASTINGS IN THE CBD (CENTRAL BUSINESS
DISTRICT) AT 585 WALL STREET IN THE CITY OF
BEAUMONT, JEFFERSON COUNTY, TEXAS.
WHEREAS, Pour Brothers Brewery, L.L.C. has applied for a specific use permit
to allow a manufacturing brewery with tastings in the CBD (Central Business District) at
585 Wall Street, being Lots 397 & 398, Block 56, Beaumont 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 approval of a specific use permit to allow
a manufacturing brewery with tastings in the CBD (Central Business District) at 585
Wall Street; and,
WHEREAS, the City Council is of the opinion that the issuance of such specific
use permit to allow a manufacturing brewery with tastings 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 manufacturing brewery with tastings in the
CBD (Central Business District) at 585 Wall Street, being Lots 397 & 398, Block 56,
Beaumont Addition, Beaumont, Jefferson County, Texas, containing 0.33 acres, more
or less, as shown on Exhibit 'A" is hereby granted to Pour Brothers Brewery, L.L.C., 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 24th day of
July, 2018.
- Mayor Becky Ames -
File 2357-P: Request for a Specific Use Permit to allow a brewery (may include food
service) in the CBI) (Central Business District).
Applicant: Joel Hollier
Location: 585 Wall Street
0 100 200
1 1 1 I Feet
EXHIBIT "A"
+ m
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motR—
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2
July 24, 2018
Consider a request for a Specific Use Permit to allow an elementary school and secondary school
in a GC -MD (General Commercial -Multiple Family Dwelling) District for property located at
7705 Calder Avenue
BEAUMONT
TEXAS
TO: City Council
FROM: Kyle Hayes, City Manager
650
PREPARED BY: Chris Boone, Planning & Community Development Director
MEETING DATE: July 24, 2018
REQUESTED ACTION: Council consider a request for a Specific Use Permit to allow an
elementary school and secondary school in a GC -MD (General
Commercial -Multiple Family Dwelling) District for property
located at 7705 Calder Avenue.
BACKGROUND
Acton Academy Beaumont is requesting a Specific Use Permit to allow an elementary and
secondary school at 7705 Calder Avenue. The grade levels will range from Kindergarten to 8th
grade. School enrollment will be limited to 30 students. Staff will be comprised of two full time
teachers. No meals will be provided. The adjacent lot will be converted to an outdoor play area.
New fencing of this area will provide safety for the students. Hours of operation will be 7:30 a.m.
to 3:30 p.m. with late pick-up extending till 5:00 p.m., Monday through Friday.
At a Joint Public Hearing held on July 16, 2018, the Planning Commission recommended
8:0 to approve a request for a Specific Use Permit to allow an elementary school and secondary
school in a GC -MD (General Commercial -Multiple Family Dwelling) District for property
located at 7705 Calder Avenue with the following condition:
1. Proposed ADA parking spot must meet City of Beaumont requirements.
FUNDING SOURCE
Not applicable.
RECOMMENDATION
Approval of the ordinance with the following condition:
1. Proposed ADA parking spot must meet City of Beaumont requirements.
SPECIFIC USE PERMIT APPLICATION
BEAUMONT, TEXAS
(Chapter 28, City Codes)
TO: THE PLANNING COMMISSION AND CITY COUNCIL, CITY OF BEAUMONT, TEXAS
APPLICANTS NAME: ACTON ACADEMY BEAUMONT
APPLICANTS ADDRESS: 4770 LITTLEFIELD BEAUMONT, TX 77706
APPLICANTS PHONE #: 970-946-3258
NAME of PROPERTY OWNER KEVIN SEKALY CRIBBS
ADDRESS OF PROPERTY OWNER: 7705 CALD E R AVEN U E
LOCATION OF PROPERTY: 7705 CALDER AVENUE
LEGAL DESCRIPTION OF PROPERTY:
IAT NO
BLOCK NO
FAX
OR TRACT �j ) Zc) - Ll
PLAT s p"
ADDITION SURVEY G
NUMBER OF ACRES 0'507 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.
PROPOSED USE: ELEMENTARY AND SECONDARY SCHOOL ZONE: GC -MD
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 %11 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
%z 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 CityCCouncil.
SIGNATURE OF APPLICANT:
SIGNATURE OF PROPERTY
PLEASE TYPE OR PRINT AND SUBMIT TO:
FILE NUMBER: 7'S56 —P
CITY
801 MAIN STREET, ROOM 201
BEAUMONT, TX 77701
Phone - (409) 880-3764
Fax - (409) 880-3110
6-22-2018
6-22-2018
PLEASE MAKE NOTE ON REVERSE SIDE OF CONDITIONS TO BE MEI' REGARDING THE SITE PLAN AND LETTER OF PROPOSED USES AND ACTIVPITFS.
®esuiption of Processes and AcIfflVes
The proposed use of 7705 Calder Avenue (currently zoned GC -MD) and the adjacent
vacant lot (currently zoned GC -MD) is a non-profit Corporation called Acton Academy
Beaumont which shall operate as a small school for grades K-8, (this falls under (2)
primary uses, an Elementary and a Secondary School).
The school will be similar to a single -room schoolhouse where grades K-5 (Elementary
School) will learn in one large room and grades 6-8 (Secondary School) will learn in the
other. The school enrollment will be limited to 30 students. To comply with parking
group 31 requirements, the maximum number of Secondary School students will be 24.
The existing building will be modified to serve as the classrooms for the school. Each
"school/classroom" will have (1) full-time teacher for a total of (2) full-time staff.
Students will participate in learning activities (reading, writing, discussions,art and
crafts, etc.). The students will be required to bring a prepared lunch each day, so there
will be no food preparation on the property.
The adjacent lot will serve as an outdoor play area. We will fence and secure the area to
provide safety for the children and comply with the required city codes.
The school operating hours will be 8:00 am - 3:30 pm with early morning drop-off
beginning at 7:30 am and afternoon late pick-up ending at 5:00 pm.
The school will operate Monday through Friday for 180 educational days per year.
Addressing the ba ht Condo ans
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;
Upon issuance of a specific use permit we seek to improve the value of the property by
updating the interior and exterior. The additions will not be injurious to the car wash or
professional offices adjacent to the property. There are other facilities in the area
providing similar services to our proposed use. Creative Learning Center Daycare is less
than 1000 feet away East on Calder.
2. That the establishment of the specific use will not impede the normal and orderly
development and improvement of surrounding vacant property.
The establishment of a school in this area will not impede the development of
surrounding vacant property. The operational business types in this area are a car
wash, a dentist office, and a medical supply store. There are other vacant businesses
that previously housed a nail and hair salon. Increased traffic in this area by parents may
revitalize the economic activity in the area.
3. That adequate utilities, access roads, drainage and other necessary supporting
facilities have been or will be provided.
The utilities, access roads, drainage, and other supporting facilities are already in-place
and functional. The usage of the proposed school is not considerably greater than the
prior usage of the law -firm and engineering offices that previously inhabited the
building.
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.
The existing property has room for adequate parking spaces per city zoning
requirements for elementary schools (parking group 30) and secondary schools
(parking groups 30/31). There are 7 existing parking spots. We propose to add (1) and
modify (1) to be disabled parking. This provides (8) parking spots. There will be (2) full
time staff and a maximum of (24) secondary school aged students. Per the definition
of parking groups 30 and 31 this requires (8) spaces.
The existing driveway provides adequate space for ingress and egress as well as a
student drop-off lane. The property is located on a segment of Calder which is limited
to one-way traffic making entrance and exit of vehicles safer and controlled.
5. That adequate nuisance prevention measures have been or will be taken to prevent or
control offensive odor, fumes, dust, noise and vibration.
The specific use of the property as an elementary and secondary school will not create
any offensive odor, fumes, dust, noise, or vibration.
6. That directional lighting will be provided so as not to disturb or adversely affect
neighboring properties.
There will be no new directional lighting installed at the property because the operating
hours of the school will be during daylight hours.
7. That there are sufficient landscaping and screening to ensure harmony and
compatibility with adjacent property.
There is existing fencing on the East and South boundaries of the property. The
Northern boundary is the access to Calder. The Western boundary currently has a
vegetative boundary with the adjacent property. It is our plan to fence the perimeter of
the adjacent vacant grassed lot to provide safety for the children as well as harmony
and compatibility with adjacent properties. Because the commercial property is not
adjacent to a residential zone, per 28.04.006(f).
8. That the proposed use is, in accordance with the Comprehensive Plan.
The proposed property is within a stable area.
BeauiTiont, Texas
You know you are visiting an
Acton Academy Learner Driven Community when:
You see and hear:
1. Evidence of the Hero's Journey
— Frequent references to the Hero's Journey and callings
— Use of Growth Mindset language
— Acknowledgement of the necessity to fail early, cheaply and often to learn
— Parent Meetings at least 3x per year, focusing on parents' own Hero's Journeys
2. Self -governance and self-management
— Studio Contracts visible on the walls
— Eagles set daily SMART goals
— Eagles hold each other accountable to Contract promises (Eagle Bucks, Growth Mindset
language) and take their community issues to Town Hall
— Visible schedule with large blocks of time
3. Accountability and celebration of progress and hard work
— 'Public Exhibitions at the end of every session
— Badges approved according to "Standards of Excellence"'
— Weekly points and SMART goals
— Customer satisfaction surveys at least twice per month shared with Eagles and parents
4. Eagles "Learning to Do"
— Hands-on Quests to discover gifts
— Socratic discussions in launches and Civilization
— Khan, Dreambox and other game -based tools to allow Eagles to learn at their own pace
— Eagles choosing to "drop everything and read" (DEAR)
— Writers' Workshop and peer-reviewed writing
— Apprenticeships in upper studios
S. Eagles "Learning to Learn"
— Overarching Question posted on the wall
— Journey maps posted on walls (Quests, Writer's Workshop, Civilization)
— Eagles learning clear processes for getting things done, often posted on walls (writing
processes, critique processes, conflict resolution processes, etc.)
— Public posting of work and comparison of world-class examples
— Feedback systems and deliberate practice
— Nest Cams to capture visual patterns over time
1 "Excellent" work meets one of these standards: (1) Is this your best work?; (2) Is it better than last time?; (3) How does it
compare to a world-class example?; or (4) Has it won an outside competition? Badges largely approved by peers or upper -
school Mentors instead of Guides.
6. Eagles "Learning to Be"
— Character Call Outs
— Servant Leader Badges or another way to intentionally develop heroic habits
— Squad Leaders or Running Partners/Teams
— Collaboration Cards or another system for purposeful collaboration
— 360 Peer Reviews or another system for feedback on Eagle's warm-hearted and tough-
minded character development
7. Socratic Guiding
— Guides only respond to questions with another question or a choice
— The flow of the studio doesn't revolve around the Guide; Eagles don't look to Guides as
their primary help
— Guide can disappear for extended periods of time and nothing changes
— Studio isn't organized around a teacher desk
— No examples of:
Teaching or lecturing by Guides
Grades or grading by adults
Shaming behavior or language or a condescending tone
Fixed mindset language
Guides making announcements in front of the studio
8. Language that affirms the method
— Young people referred to as "Eagles" (mascot), "Heroes," or "Learners," and not as
"students," "kids," "boys and girls," or any other form of the diminutive
— Adults referred to as "Guides" and not "teachers"
— No reference to grade levels ("fifth grade")
— "Learn to Learn, Learn to Do, Learn to Be" instead of edu-speak like "developmentally
appropriate," "classroom," "instruction," "gifted & talented"
— "Learning" instead of "teaching"
Diagnostic Questions to ask:
To Eagles and Council:
— What happens if someone doesn't work for a week? For a month?
— Who decides if work is "excellent?"
— Who do you ask if you don't know something?
— . What was your favorite quest?
Toa Guide:
— Can we (all adults) leave the studio for 30 minutes?
— May I execute one of your launches?
— Can you tell me a story about a family who left?
— What is your Hero's Journey?
OUR MISSION'
To provide a student -driven learning environment
for the 21st century. We seek to bring up a
generation. of doers - leaders, creators, innovators,
entrepreneurs and discoverers.
OUR BELIEFS
Children are capable of far more than what
traditional schools ask of them.
Learning to learn is more important than learning
to know.
A child's curiosity is precious: Curiosity should be
cherished, protected, and encouraged.
* Children learn more doing and discovering than
sitting in a desk, doing busy work, and preparing for
tests.
Subject mastery and a commitment to excellence is
more important than letter grades.
* Every child learns differently and at their own pace.
Each child is the protagonist in their own Hero's
Journey.
WHAT IS ACTON ACADEMY?
The original Acton Academy was founded in Austin,
Texas in 2009 by Jeff and Laura Sandefer for their
children. It is now a network of over 80
student-driven.schools around the world with a
community of independent owners that are
continuously sharing curriculum, best practices,
and support.
ACTONACADBMY
Beaumont, Texas
Beaumont, Texas
970-946-3253
info(alactorrbeaumont.org A Learning Environment for the 21st Century
Facebook.com/ActonBeaumont
connect with us online
No Text
ACTON I OACADEMY
Beaumont, Texas
Mission
Each person who enters our doors will find a
calling that will change the world.
Promises
We promise, through Socratic guiding
and experiential learning, you and your
child will:
• Begin a Hero's Journey
• Learn to be curious, become an
independent learner, and love life-long
learning
• . Discover your most precious gifts,
along with the dedication it takes to
develop real talent
• Understand the importance of a strong
character
• Cherish the arts, the wonders of the
physical world, and the mystery of life'
• Treasure economic, political, and
religious freedom
Core Beliefs
1. We believe each child has a gift that
can change'the world in a profound
way.
2. We believe in a closely connected
family of lifelong learners.
3. We believe in learning to learn,
learning to do, and learning to be.
4. We believe in economic, political, and
religious freedom.
vvww.actonbea'umont.org
I
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ACTON ACADEMY BEAUMONT 2018-2019 CALENDAR
3 Labor Day
4 First Day of School
Session 1: (Build the Tribe)
Sept. 4 - Oct. 5
08 Columbus Day
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Oct. 8 - Oct. 12
Session 2: (Architecture)
Oct. 15 -Nov. 16
31 Halloween
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1 2 3 4 5
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21 Easter Sunday
.14' 15 16 17 18
22 23 24 25 26
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2$7,-,,129 130 1 1 1 jJ_,`-"!; Apr. 15 -May 24
11 Veterans Day 12 Mother's Day
Break/Camp 2: Break/Camp 6:
1 2 1 2 3
Nov. 19 - Nov. 23 7 May 27 - May 31
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22 Thanksgiving Day 11 12 113 114 115 16 14 15 16 7 18 27 Memorial Day
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I 20 M21 22 23 24 25 26 21 22 23 24 25 26 27
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18 Presidents Day
Session 5: (Entrepreneurship)
Feb. 25 - Apr. 5
FEBRUARY 2019
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ORDINANCE NO.
ENTITLED AN ORDINANCE GRANTING A SPECIFIC
USE PERMIT TO ALLOW AN ELEMENTARY SCHOOL
AND SECONDARY SCHOOL IN A GC -MD (GENERAL
COMMERCIAL -MULTIPLE FAMILY DWELLING)
DISTRICT AT 7705 CALDER AVENUE IN THE CITY OF
BEAUMONT, JEFFERSON COUNTY, TEXAS.
WHEREAS, Acton Academy Beaumont has applied for a specific use permit to
allow an elementary school and secondary school in a GC -MD (General Commercial -
Multiple Family Dwelling) District at 7705 Calder Avenue, being Plat SP -6, Tracts 79-4 &
79-6, C. Williams Survey, Abstract 59, Beaumont, Jefferson County, Texas, containing
0.507 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
an elementary school and secondary school in a GC -MD (General Commercial -Multiple
Family Dwelling) District at 7705 Calder Avenue, subject to the following condition:
; and,
• Proposed ADA parking spot must meet City of Beaumont requirements
WHEREAS, the City Council is of the opinion that the issuance of such specific
use permit to allow an elementary school and secondary school 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 an elementary school and secondary school in
a GC -MD (General Commercial -Multiple Family Dwelling) District at 7705 Calder
Avenue, being Plat SP -6, Tracts 79-4 & 79-6, C. Williams Survey, Abstract 59,
Beaumont, Jefferson County, Texas, containing 0.507 acres, more or less as shown on
Exhibit "A," is hereby granted to Acton Academy Beaumont, 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 condition:
• Proposed ADA parking spot must meet City of Beaumont 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.
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 24th day of
July, 2018.
- Mayor Becky Ames -
Request for a Specific Use Permit to allow an elementa
a GC MD (General Commercial -Multi le Fa ry school and
ant: Acton Academy Beaumont p Family Dwelling) District.
>n: 7705 Calder Avenue
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July 24, 2018
Consider a request for an amended Specific Use Permit to expand a school located at 7720 Park
North Drive
BEAUMONT
TEXAS
TO: City Council
FROM: Kyle Hayes, City Manager
60
PREPARED BY: Chris Boone, Planning & Community Development Director
MEETING DATE: July 24, 2018
REQUESTED ACTION: Council consider a request for an amended Specific Use Permit to
expand a school located at 7720.Park North Drive.
BACKGROUND
Hughen/Bob Hope School is requesting an amended Specific Use Permit to allow the expansion of
a school on the south side of Park North Drive. In September of 2017, the applicant received a
Specific Use Permit for a school at this location. The northeast most piece of property and the
most southern portion of the property were not included in that request. The attached site plan
shows these newly added areas intended for parking and recreation.
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 July 16, 2018, the Planning Commission recommended
6:1 to approve a request for an amended Specific Use Permit to expand a school located at 7720
Park North Drive 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 #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.
SPECIFIC USE PERMIT APPLICATION
BEAUMONT, TEXAS
(Chapter 28, City Codes)
TO: THE PLANNING COMMISSION AND CITY COUNCIL, CITY OF BEAUMONT, TEXAS
APPLICANTS NAME: Hughen Center / Bob Hope School
APPLICANTS ADDRESS: 2849 9th Avenue, Port Arthur, TX 77642
APPLICANTS PHONE #: (409) 983- 6659
FAX
NAME OF PROPERTY OWNER Hughen Center, Inc.
ADDRESS OF PROPERTY OWNER: 2849 9th Avenue, Port Arthur, TX 77642
LOCATION OF PROPERTY: 7720 Park North Drive, Beaumont, TX
LEGAL DESCRIPTION OF PROPERTY:
BLOCK NO
ADDITION
NUMBER OF ACRES
`OR .TRACT PL RS -4, Tract 216 B (4.865 AC.)
PL RS -4, Tract 216 G (1.968 AC.)
SURVEY
W. B. Dyches
NUMBER OF ACRES 19.8369
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 V2 ACRE .................................................................$250.00
'h 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 ,�ppproved by City Council.
SIGNATURE OF APPLICANT:
SIGNATURE OF PROPERTY
PLEASE TYPE OR PRINT AND SUBMIT TO:
FILE NUMBER
CITY OF BEAUMONT
PLANNING -DIVISION
801 MAIN STREET, ROOM 201
BEAUMONT, TX 77701
Phone - (409) 880-3764
Fax - (409) 880-3110
6-12-2018
6-12-2018
PLEASE MAKE NOTE ON REVERSE SIDE OF CONDITIONS TO BE MET REGARDING THE SITE PLAN AMID LETTER OF PROPOSED USES AND ACTIVITIES.
U G E N FST 1936
CC E N T Eg�YR
WHERE HOPE LENDS A HELPING HAND tel (409) 983-6659
fax (409) 983-6408
2849 9th Avenue
Port Arthur, TX 77642
www.hughencentenorg
June 12, 2018
The Honorable Members of the City of Beaumont
Planning Committee and City Council
801 Main Street, Room 201
Beaumont, Texas 77701
Subject: Amendment to Specific Use Permit
Dear Ladies and Gentlemen:
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 a state of the art educational facility m the north end of Beaumont, Texas. The proposed site
is located at 7720 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 grade levels will range from Pre -K to 9th grades. The modular buildings will meet all local
and national codes and City Ordinances. After initial operation, the school plans to build a permanent facility for
grade levels Pre -K through 12th grades.
A 12.97 acre tract has been granted a SUP in August, 2017. We respectfully request that two adjoining tracts,
totaling 6.833 acres be granted a Specific Use Permit.
We respectfully ask that you grant the specific use permit so we may continue this endeavor and be a part of your
fine city.
Sincerely,
Michael J. Casey .
Board President
The Hughen Center, Inc is designated a 501 (c) (3) non profit and donations are tax deductible.
Hughen / Bob Hope School
2849 9h Avenue
Port Arthur, TX 77642
Location of Property: Park North Drive -:- Beaumont, Texas
June 12, 2018
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.
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 be taken 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.
• The new school will be compatible with and enhance the comprehensive plan.
No Text
Legal Description: 19.8369 Acre Tract or Parcel of Land
W. B. Dyches Survey, Abstract No. 17
Beaumont, Jefferson County, Texas
BEING a 19.8369 acre tract or parcel of land situated in the W. B. Dyches Survey, Abstract No. 17,
Jefferson County, Texas and being out of and part of the remainder of that certain called.33.869,acre
tract of land, identified as TRACT I, and all of that certain called 4.865 acre tract of land, identified
as TRACT J, and all of that certain called 1.968 acre tract, identified as TRACT L, as described in a
"Special Warranty Deed" from Park North Corporation, et al. to G & L Development, LTD. as
recorded in Clerk's File No. 2004030066, Official Public Records of Real Property, Jefferson
County, Texas, said 19.8369 acre tract being more particularly described as follows:
NOTE: All hearings are referenced to the Southeasterly right-of-way line of Park
North Drive as NORTH 62°48'00" EAST as recorded in Volume 12, Page 22, Map
Records, Jefferson County, Texas. All set 5/8" iron rods set with caps stamped "M. W.
Whiteley &Associates".
BEGINNING at a 1/2" iron rod found for the most Northwesterly corner. of the tract herein
described, said corner also being the most Northeasterly corner of that certain called 5.753 acre tract
of land as described in a "Special Warranty Deed" from James H. Hazen to Cenacle Properties, LLC
as recorded in Clerk's File No. 2014030126, Official Public Records of Real Property and said corner
being in the Southeasterly right-of-way Park North Drive (based on a width of 60 feet) as dedicated
on the final plat of Park North Addition, a subdivision of the City of Beaumont, Jefferson County,
Texas as recorded in Volume 12, Page 22, Map Records, Jefferson County, Texas and said corner
bears NORTH 62°48'00" EAST a distance of 440.76 feet from a 1/2" iron rod found for the
Northwesterly corner of that certain called 11,358 square feet tract of land, identified as TRACT 2, as
described in a "General Warranty Deed" from Eastex Miniwarehouses, Inc. to Claude E. Stewart as
recorded in Film Code No. 100-88-1336, Official Public Records of Real Property, Jefferson County,
Texas and the most Northeasterly corner of Block 2 of Eastex Commercial Complex, a subdivision
of the City of Beaumont, Jefferson County, Texas, according to the plat thereof recorded in Volume
12, Page 1, Map Records, Jefferson County, Texas, the same being the Northeasterly corner of the
said Block 2 as described in a "General Warranty Deed" from DCJC Properties, LLC to Ben's
Heating & Air, LLC as recorded in Clerk's File No. 2016007890, Official Public Records of Real
Property, Jefferson County, Texas, and said corner also being the beginning of a curve turning to the
right having a radius of 587.27 feet and being subtended by a chord bearing NORTH 76°27'30"
EAST having a chord length of 277.35 feet;
THENCE EASTERLY, along and with said curve and the Southerly right-of-way line of Park North
Drive, for an are length of 279.99 feet to a 5/8" iron rod set for corner;
THENCE SOUTH 89053'00" EAST, continuing along and with the South right-of-way line of Park
North Drive, for a distance of 204.76 feet to a 5/8" iron rod set for corner, said corner being the
beginning of a curve turning to the left having a radius of 230.00 feet and being subtended by a chord
bearing NORTH 69049`27" EAST having a chord length of 159.53 feet;
THENCE EASTERLY, along and with said curve and the Southerly right-of-way line of Park North
Drive, for an arc length of 162.92 feet to a scribed "X" set in concrete for corner, said corner being
the Southwesterly corner of North Ridge Square, Section H, a Condominium Project in the City of
Beaumont, Jefferson County, Texas, according to the plat thereof recorded in Volume 2, Page 142,
Condominium Records, Jefferson County, Texas;
Page 1 of 3
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THENCE SOUTH 64012'54" EAST, along and with the boundary between the tract herein described
and the said North Ridge Square Section II, passing at a distance of 215.02 feet a V iron pipe found
for the Southeasterly corner of the said North Ridge Square, Section II and the Southwesterly corner
of North Ridge Square, Section III a Condominium Project in the City of Beaumont, Jefferson
County, Texas, according to the plat thereof recorded in Volume 2, Page 247, Condominium
Records, Jefferson County, Texas and continuing along and with the boundary between the tract
herein described and the said North Ridge Square, Section III, for a total distance of 314.20 feet to a
1 3/8" found for corner, said corner being the Southeasterly corner of the said North Ridge Square,
Section III and the Southwesterly corner of the said 1.968 acre G & L Development, LTD. tract;
THENCE NORTH 26003'58" EAST, along and with the boundary between the said 1.968 acre G &
L Development, LTD. tract and the said North Ridge Square, Section III, for a distance of 294.87
feet to a 1 1/4" sucker rod found for corner, said corner being the Northeast comer of the said North
Ridge Square, Section III and the Northwest corner of the said 1.968 acre G & L Development, LTD.
tract and in the South line of the remainder of the said 33.869 acre G & L Development, LTD. tract;
THENCE SOUTH 89052'10" EAST, along and with the boundary between the said 1.968 acre G &
L Development, LTD. tract and the remainder of the said 33.869 acre G & L Development, LTD.
tract, passing at a distance of 261.80 feet a 5/8" iron rod set for reference and continuing for a total
distance of 297.89 feet to a point for corner, said corner being the Northeast corner of the said 1.968
acre G & L Development, LTD. tract and being in the Northwesterly right-of-way line of a Lower
Neches Valley Authority canal and said corner being in the Southeasterly line of that certain called
20 feet wide channel easement as described in a "Channel Easement" from Suburban Acres, a
corporation, and L. F. Guseman to the State of Texas as recorded in Volume 1008, Page 208, Deed
Records, Jefferson County, Texas and being in the Northwesterly line of that certain called 20 feet
wide channel easement as described in a "Channel Easement" from Lower Neches Valley Authority
to the State of Texas as recorded in Volume 1009, Page 374, Deed Records, Jefferson County, Texas
THENCE SOUTH 33°54'40" WEST, along and with the boundary between the tract herein
described and the said Lower Neches Valley Authority canal right-of-way and the centerline of the
said channel easement, passing at a distance of 451.72 feet the Southeasterly comer of the said 1.968
acre G & L Development, LTD. tract and continuing for a distance of 1759.98 feet to a point for
corner (unable to find or set corner);
THENCE SOUTH 42006'33" WEST, continuing along and with the boundary between the tract
herein described and the said Lower Neches Valley Authority canal right-of-way and the centerline
of the said channel easement, for a distance of 62.23 feet to a point for comer (unable to find or set
comer), said corner being the most Southerly corner of the above referenced 4.865 acre G & L
Development, LTD. tract;
I.
THENCE NORTH 41030'18" WEST, along and with the Southwesterly line of the said 4.865 acre G
& L Development, LTD. tract, passing at a distance of 20.12 feet a 1" iron rod found for the most
Easterly corner of Lot 4 of Eastex Plaza, a subdivision of the City of Beaumont, Jefferson County,
Texas, according to the plat thereof recorded in Volume 14, Page 65, Map Records, Jefferson
County, Texas and continuing along and with the boundary between the tract herein described and
the Lots 4 and 3 of the said Eastex Plaza, for a distance of 382.77 feet to a 1" iron rod found for
corner, said corner being the most Northerly corner of the said Lot 3 of Eastex Plaza and the most
Easterly corner of that certain called 6.417 acre tract of land as described in a "General Warranty
Deed" from Mustang Tractor & Equipment Co. to F.L. Tucker, Ltd. as recorded in Clerk`s File No.
2002045679, Official Public Records of Real Property, Jefferson County, Texas;
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THENCE NORTH 40054'45" WEST, continuing along and with the boundary between the tract
herein described and the said 6.417 acre F.L. Tucker, Ltd. tract, the same being the Southwesterly
line of the said 4.865 acre G & L Development, LTD. tract, for a distance of 163.55 feet to a 1/2"
iron rod found for corner, said corner being the most Westerly corner of the said 4.865 acre G & L
Development, LTD. tract and the most Southwesterly corner of the said Block 2 of Eastex
Commercial Complex;
THENCE NORTH 48037'38" EAST, along and with the boundary between the tract herein
described and the said Block 2 of Eastex Commercial Complex, for a distance of 172.79 feet to a
1/2" iron rod found for corner, said coiner being the most Southeasterly corner of the said Block 2 of
Eastex Commercial Complex and the most Southwesterly corner of the above referenced 11,358
square feet tract Stewart tract;
THENCE NORTH 48052'50" EAST, along and with the boundary between the tract herein
described and the said 11,358 square feet tract Stewart tract, for a distance of 15.87 feet to a 1/2" iron
rod found for corner, said corner being the most Southeasterly corner of the said 11,358 square feet
tract Stewart tract and the most Southwesterly corner of the said 5.753 acre Cenacle Properties, LLC
tract;
THENCE NORTH 48001'43" EAST, along and with the boundary between the tract herein
described and the said 5.753 acre Cenacle Properties, LLC tract, for a distance of 11.55 feet to a 1/2"
iron rod found for corner, said corner being the most Northwesterly corner of the said 4.865 acre G &
L Development, LTD. tract;
THENCE NORTH 48031'11" EAST, continuing along and with the boundary between the tract
herein described and the said 5.753 acre Cenacle Properties, ILLC tract, for a distance of 336.50 feet
to a 5/8" iron rod found for corner, said corner being the most Southeasterly corner of the said 5.753
acre Cenacle Properties, LLC tract,;
THENCE NORTH 35029'33" WEST, continuing along and with the boundary between the tract
herein described and the said 5.753 acre Cenacle Properties, LLC tract, for a distance of 607.00 feet
to the POINT OF BEGINNING and containing 19.8369 Acres, more or less.
W:1301717-957117-957m&b.docx
11i
AURA ti! WRI MEY & ASSOCUTES, INC
ORDINANCE NO.
ENTITLED AN ORDINANCE ISSUING AN AMENDED
SPECIFIC USE PERMIT TO ALLOW THE EXPANSION
OF A SCHOOL IN AN RM -H (RESIDENTIAL MULTIPLE
FAMILY DWELLING -HIGHEST DENSITY) DISTRICT AT
7720 PARK NORTH DRIVE IN THE CITY OF
BEAUMONT, JEFFERSON COUNTY, TEXAS.
WHEREAS, on September 19, 2017, the City Council of the City of Beaumont,
Texas adopted Ordinance No. 17-057 issuing 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; and,
WHEREAS, Hughen/Bob Hope School wishes to amend the specific use permit
to allow the expansion of a school in an RM -H (Residential Multiple Family Dwelling -
Highest Density) District at 7720 Park North Drive, being Plat RS -4, Tracts 216 B, 216
G & 216 M, W.B. Dyches Survey, Abstract 17, Beaumont, Jefferson County, Texas,
containing 19.8369 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 to amend the specific use permit to also allow the expansion of
a school in an RM -H (Residential Multiple Family Dwelling -Highest Density) District at
7720 Park North Drive, subject to the following conditions:
• Meet all Drainage District #6 drainage requirements
• 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 amendment of such
specific use permit to allow the expansion of a school 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 Ordinance No. 17-057 be amended by amending the specific use permit
granted to Hughen/Bob Hope School to also allow the expansion of a school in an RM -
H (Residential Multiple Family Dwelling -Highest Density) District at 7720 Park North
Drive, being Plat RS -4, Tracts 216 B, 216 G & 216 M, W.B. Dyches Survey, Abstract
17, Beaumont, Jefferson County, Texas, containing 19.8369 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
• 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 amended 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 24th day of
July, 2018.
- Mayor Becky Ames -
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July 24, 2018
Consider a request for a Specific Use Permit to allow a mini storage facility in a GC -MD (General
Commercial -Multiple Family Dwelling) District for property located at Parkdale Mall, near 6475
Eastex Freeway '
BEAUMONT
TEXAS
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Chris Boone, Planning & Community Development Director
MEETING DATE: July 24, 2018
REQUESTED ACTION: Council consider a request for a Specific Use Permit to allow a mini
storage facility in a GC -MD (General Commercial -Multiple Family
Dwelling) District for property located at Parkdale Mall, near 6475
Eastex Freeway.
BACKGROUND
CubeSmart, self storage facility, is requesting a Specific Use Permit to allow a mini storage facility
at 4215 Dowlen Road located at Parkdale Mall. The proposed building would be a two story
self -storage facility. This facility would be accessible to the public 6 a.m. to 10 p.m., with staff
available Monday through Friday 9:30 a.m. to 6 p.m., Saturday 8:30 a.m. to 5 p.m. and Sunday 11
a.m. to 3 p.m. Staffing would consist of 1-2 employees during office hours.
At a Joint Public Hearing held on July 16, 2018, the Planning Commission recommended
7:1 to approve a request for a Specific Use Permit to allow a mini storage facility in a GC -MD
(General Commercial -Multiple Family Dwelling) District for property located at Parkdale Mall,
near 6475 Eastex Freeway with the following condition:
1. - Provide instrument illustrating parking and access rights.
FUNDING SOURCE
Not applicable.
RECOMMENDATION
Approval of the ordinance with the following condition:
1. Provide instrument illustrating parking and access rights.
SPECIFIC USE PERMIT APPLICATION
BEAUMONT, 'TEXAS
(Chapter 23, City Codes)
TO: THE PLANNING COMMISSION AND CITY COUNCIL, CITY OF BEAUMONT, TEXAS
APPLICANTS NAME: Stephen West on behalf of Mark W. Whiteley and Associates
APPLICANTS ADDRESS: 3250 Eastex Freeway
APPLICANTS PHONE #: 409-892-0421
NAIME OF PROPERTY OWNER: ParkdaleMall CMBS, LLC
ADDRESS OF PROPERTY OWNER: 6155 Eastex Freeway
LOCA ION OF PROPERTY: Parkdale Mall
LEGAL DESCRIPTION OF PROPERTY:
LOT NO.
BLOCK NO.
ADDITION
NUMBER OF ACRES
FAX #:409-892-1346
OR TRACT 1.6343 Acre Tract
PLAT Parkdale Mall Addition
SURVEY Frederick Bigner, Abstract No. 1
NUMBER OF ACRES 1.6343
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: Storage Facility "LONE- GC -MD
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 I1" PHOTOCOPY OF THC SITE PLAN.
THE EIGHT CONDITIONS fisted on Hie back side of this sheet must be met before City Council can grant a specific use permit. PLEASE
ADDRESS EACH CONDITION IN DETAIL.
ATTACH TRE APPROPRIATE APPLICATION FEE:
LESS THAM %: ACRE...........................:..................::.................$350.00
Vi 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 Cin• Council,
SIGNATURE OF APPLICANT: DATE: yo -t 6
SIGNATURE OF PROPERTY OWNER: C`' / `'C� DATEVI
:
PLEASE TYPE OR PRINT AND SUBMIT TO: JtJStICeY OF BEAUMONT
LANNING DIVISION
801 MAIN STREET, ROOM 201
FILE NUMBER:
JJ BEAUMONT, TX 77701
Phone - (409) 830-3764
Fax - (409) 880-3 110
PLEASE MAKE NOTE ON REVERSE SIDE OF CONDITION'S TO BE MEt' REGAILDING, THF SITE PLAN AND LFTfER OF PROPOSED GSFS AND ACTIVITIES.
CubeSmart Self Storage
Parkdale Mall
Beaumont, Texas 77706
19 June 2018
City of Beaumont
Planning Division
801 Main Street, Room 201
Beaumont, Texas 77701
ATTN.: Chris Boone
Director of Planning and Community Development
REF.: Specific Use Permit
Parkdale Mall
Dear Mr. Boone:
Please find attached the Specific Use Permit Application along with a site plan and the
fee for the above referenced tract.
We propose to construct a two story CubeSmart Self Storage facility within the 1.6343
acre tract located on the westerly side of Parkdale Mall, near the termination of the
recently completed Northwest Parkway. The following comments address the eight
conditions as required by the City's Specific Use Permit:
• The proposed CubeSmart facilitywill enhance the locale and not be injurious to
the use and enjoyment of other property, nor significantly diminish or impair
property values within the immediate vicinity. Appropriate architectural
measures will be taken to ensure aesthetic compatibility with nearby structures.
• The establishment of the specific use will not impede the normal and orderly
development and improvement of surrounding vacant property, as the
development of this lot follows with the development concept of the existing
establishments in the vicinity.
• There are existing and adequate utilities, access roads, drainage and other
necessary supporting facilities currently present at the site. The site is located
adjacent to Parkdale Mall, which has water, sewer, gas and communications
presently on site. The Parkdale Mall complex also currently has a storm sewer
system which will be utilized for receiving storm water runoff.
• As shown on the attached site plan, the design, location and arrangement of all
driveways and parking spaces provide for the safe and, convenient movement of
vehicular and pedestrian traffic without adversely affecting the general public or
adjacent development. Ingress and egress will be accomplished by utilizing the
existing access points and aisle -ways currently servicing Parkdale Mall and the
Page 1 of 2
nearby fieestanding businesses. An internal pull through loading area will be
provided within the building structure to allow for loading and unloading without
disrupting vehicular traffic. Daily traffic is expected to be low, and should result
in minimal impact to the immediate vicinity.
v There will be no offensive odor, fiimes, dust, noise or vibration caused by the
proposed use of this site as a storage facility.
o All proposed onsite lighting will be direct in nature so as not to disturb or
adversely affect neighboring properties. Appropriate measures will be taken to
mitigate adverse effects on the nearby properties.
a Landscaping and screening will be provided in accordance with the appropriate
City requirements to ensure harmony and compatibility with the adjacent
properties.
m The proposed use is in accordance with the Comprehensive Plan and will assist in
further developing the West End of Beaumont and the Parkdale Mall complex.
If you have any questions or need additional information please contact me at
(409)-892-0421.
Sincerely,
Stephen West
Engineer Assistant
Mark W. Whiteley and Associates, Inc.
Page 2 of 2
ORDINANCE NO.
ENTITLED AN ORDINANCE GRANTING A SPECIFIC
USE PERMIT TO ALLOW A MINI STORAGE FACILITY IN
A GC -MD (GENERAL COMMERCIAL -MULTIPLE FAMILY
DWELLING) DISTRICT AT 4215 DOWLEN ROAD/6475
EASTEX FREEWAY LOCATED AT PARKDALE MALL IN
THE CITY OF BEAUMONT, JEFFERSON COUNTY,
TEXAS.
WHEREAS, CubeSmart Self Storage, has applied for a specific use permit to
allow a mini storage facility in a GC -MD (General Commercial -Multiple Family Dwelling)
District at 4215 Dowlen Road/6475 Eastex Freeway located at Parkdale Mall, as
described in Exhibit "A" and shown on Exhibit "B," 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 mini storage facility in a GC -MD (General Commercial -Multiple Family Dwelling)
District at 4215 Dowlen Road/6475 Eastex Freeway located at Parkdale Mall, subject to
the following condition:
; and,
• Provide instrument illustrating parking and access rights
WHEREAS, the City Council is of the opinion that the issuance of such specific
use permit to allow a mini storage 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,
0
Section 1.
That a specific use permit to allow a mini storage facility in a GC -MD (General
Commercial -Multiple Family Dwelling) District at 4215 Dowlen Road/6475 Eastex
Freeway located at Parkdale Mall, as described in Exhibit "A and shown on Exhibit "B,"
is hereby granted to CubeSmart Self Storage, its legal representatives, successors and
assigns, as shown on Exhibit "C," attached hereto and made a part hereof for all
purposes, subject to the following condition:
• Provide instrument illustrating parking and access rights.
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
"C" and made a part hereof for all purposes.
Section 3.
Notwithstanding the site plan attached hereto, the use of the property herein
above described shall be in all other respects 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 24th day of
July, 2018.
- Mayor Becky Ames -
LEGAL DESCRIPTION FOR ORDINANCE PURPOSES
BEING a 1.6343 acre tract or parcel of land situated in the Frederick Bigner Survey, Abstract No.
1, Jefferson County, Texas and being out of and part of Lots 2 and 9. Block 1 of Parkdale Mall
Addition, a subdivision of the City of Beaumont, Jefferson County, Texas, according to the plat
thereof recorded in Volume 14, Pages 245 and 246, Map Records, Jefferson County, Texas and
also being out of and part of Lots 2 and 9, Block 1 as amended is the Amended Plat of Parkdale
Mall Addition, a subdivision of the City of Beaumont, Jefferson County, Texas, according to the
plat thereof. as recorded in Clerk's File No. 2007006814, Official Public Records of Real Property,
Jefferson County, Texas, said 1.6343 acre tract being more particularly described as follows:
NOTE: All bearings are referenced to the most West line of the said Park -dale
Mall Addition as NORTH 00°50'42" WEST as recorded in the above referenced
Volume 14, Page 245 and 246, Plat Records, Jefferson County, Texas.
COMMENCING at a concrete monument found for the Southwest corner of Lot 1, Block 1 of
said Parkdale Mall Addition and said corner also being in the North right-of-way line of Dowlen
Road;
THENCE NORTH 00050'42" WEST, along and with the West line of said Parkdale Mall
Addition, for a distance of 1,214.27 feet to a point;
THENCE NORTH 89°09'18" EAST, over and across Lot 2 of said Amended Plat of Parkdale
Mall Addition, for a distance of 155.56 feet to the POINT OF BEGINNING and the most
Westerly corner of the tract herein described;
THENCE NORTH 28014'05" EAST, over and across Lot 2 and Lot 9 of said Amended Plat of
Parkdale Mall Addition, for a distance of 299.83 feet to a point for the most Northerly corner of the
tract herein described;
THENCE SOUTH 61045'55 " EAST, continuing over and across Lot 2 and Lot 9 of said Amended
Plat of Parkdale Mall Addition, for a distance of 237.43 feet to a point for the most Easterly corner
of the tract herein described;
THENCE SOUTH 28014'05" WEST, continuing over and across Lot 2 and Lot 9 of said
Amended Plat of Parkdale Mall Addition, for a distance of 299.83 feet to a point for the most
Southerly corner of the tract herein described;
THENCE NORTH 61045'55" WEST, over and across Lot 2 of said Amended Plat of Parkdale
Mall Addition, for a distance of 237.43 feet to the POINT OF BEGINNING and containing
1.6343 Acres, more or less. -
EXHIBIT "A"
File 2356-P: Request for a Specific Use Permit to allow a mini storage facility in a GC -MD
General Commercial -Multiple Family Dwelling) District.
Applicant: Stephen West on behalf of Mark W. Whiteley and Associates
Location: Parkdale Mall, near 6475 Eastex Freeway
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EXHIBIT "C"
5
July 24, 2018
Consider granting a new solid waste transportation service agreement with DSC Carting, LLC
BEAUMONT
TEXAS
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Todd Simoneaux, Chief Financial Officer !�
MEETING DATE: July 24, 2018
REQUESTED ACTION: Council consider granting a new solid waste transportation service
. Agreement with DSC Carting, LLC.
BACKGROUND
According to City Ordinance 22.05.101, no person shall engage in the business of collecting,
hauling or transporting, in the city, any garbage, waste or refuse, without first having obtained a
franchise from the City. Seven (7) entities currently have nonexclusive franchise agreements
with the City and are doing business in this area. DSC Carting, LLC dba Deep South Containers
has requested that the City Council grant the company such franchise agreement. DSC Carting,
LLC serves Southwest Louisiana and Southeast Texas with its Beaumont office located at 1440
Spindletop Avenue.
The requested franchise is generally the same as those previously approved by City Council. It
provides for a term of one year from its effective date and a franchise fee of seven percent (7%)
of gross revenues received for service. It also requires the entity to indemnify the City of
Beaumont and provide insurance which names the City of Beaumont as a named insured.
According to City Charter, franchise ordinances require readings at three (3) separate Council
meetings, with the third not less than thirty (30) days from the first reading. The ordinance does
not take effect until sixty (60) days after its adoption on the third and final reading. After
passage, the ordinance must be published for four (4) consecutive weeks in a newspaper of
general circulation in the city. All publication costs are paid by the franchisee. Attached is a copy
of the franchise agreement for your review.
This is the second reading.
FUNDING SOURCE
A franchise fee of seven percent (7%) of gross receipts will be paid to the City.
RECOMMENDATION
Approval of resolution.
ORDINANCE NO.
ENTITLED AN ORDINANCE GRANTING A FRANCHISE FOR
SOLID WASTE COLLECTION AND TRANSPORTATION
SERVICES TO DSC CARTING, LLC.
WHEREAS, DSC Carting, LLC (the "Company") has requested a franchise to
operate a solid waste collection and transportation service within the City of Beaumont,
Texas (the "City"); and,
WHEREAS, the City desires to grant such franchise;
NOW, THEREFORE, BE IT ORDAINED BY THE
CITY OF BEAUMONT:
Section 1.
Grant of Authority
There is hereby granted by the City to DSC Carting, LLC the right and privilege to
operate and maintain within the City a solid waste collection and transportation service
(the "service"). For purposes of this franchise, the term "solid waste collection and
transportation service" shall mean the business of collection, hauling or transporting any
garbage, rubbish, waste or refuse from locations in the City, and the disposal of such
material in accordance with law. The franchise granted herein is nonexclusive, and
franchises may be granted to other persons for service:
Section 2.
Term of Franchise
The franchise herein granted shall take effect and be in force sixty (60) days after
the final passage hereof as required by law and upon the filing by the Company of an
acceptance with the City Clerk, and shall continue in force and effect until one (1) year
thereafter. The acceptance required hereunder must be in writing and filed with the City
Clerk within thirty (30) days after final passage hereof. Upon the expiration of the term
hereof, this franchise shall continue on a month-to-month basis until terminated by
either party or extended or replaced.
Section 3.
Rates
The Company shall establish rates for service which are uniform as to customer
class based upon such criteria as type of waste, container size, frequency of collection,
and distance of travel. The Company shall file its initial rates for service with its
acceptance as required herein. Such rates shall, unless modified by the City, be
effective with the effective date of this franchise. Any modifications in rates by the
Company shall first be filed with the City Clerk and City Attorney and shall be effective
thirty (30) days after such filing unless modified by City as provided herein. Nothing
herein shall prevent the Company from charging uniform rates which are less than the
rates filed with the City. The City shall have the right to establish rates charged by
Company for services performed hereunder, after notice and hearing. Rates
established by the City shall be sufficient to allow the Company an opportunity to earn a
reasonable return on its invested capital used in providing such services.
Section 4.
Franchise Fee
The Company shall pay to the City, on or before the fifteenth (15th) day of each
month, a sum equal to SEVEN PERCENT (7%) of the gross revenues received for
service in the previous month as payment for the use of the City's streets, alleys and
0
rights-of-way. The payments herein provided do not relieve Company from the payment
of ad valorem taxes, special assessments, charges, or other fees applicable to the
public generally. City shall have the right, at any reasonable time, to audit the books
and records of the Company and the Company is hereby required to make such books
and records available at the request of City. Upon written acceptance, the Company
shall furnish to the City a listing of customers served, including customer name,
address, frequency of pick-up, size of container or type of service and charge for same.
The following reports shall be filed monthly with the City Manager or his designee along
with the street rental payment required herein:
1. Upon written request and within thirty (30) days of receipt,
the Company shall furnish to the City adequate reconciliation
of reported revenues which would include: a listing of names
and addresses of all customers served, frequency of pick-up,
size of container or type of service and charge for same, and
date service was initiated and discontinued.
Section 5.
Indemnity Insurance and Bond
The Company shall at all times during the effective period of this franchise, carry liability
insurance as provided herein. The Company covenants and agrees at all times to
indemnify and save harmless the City, its officers, agents, employees, and any member
of the public against any and all injuries, damages, claims, causes of action or loss of
compensation arising or resulting from Company's operations under this franchise,
whether or not such loss was caused by the negligence of the City, its agents, servants
or employees. Upon notice given Company by City, Company must defend at its own
expense, any action or suit brought against the City because of any work or other acts
done by the Company under the terms of this franchise. Counsel chosen by Company
to defend City must be satisfactory to City. Company will pay any final judgment which
might be obtained against City by reason of any work or acts done hereunder by
Company, its agents, servants or employees, and Company will pay all damages
occurring to any person or property, public or private, resulting from any fault or neglect
on its part or on the part of its agents or employees.
The Company agrees to carry insurance as follows:
1) Workers' Compensation
The Company shall furnish the City Clerk a certificate of
insurance indicating workers' compensation coverage as
required by the State of Texas.
2) Automobile Liability Insurance
The Company shall carry, in its own name, a policy in
comprehensive form to insure the automobile liability of its
operation with limits of not less than Five Hundred Thousand
Dollars ($500,000.00) per occurrence for bodily injury and, in
addition, not less than One Hundred Thousand Dollars
($100,000.00) property damage. This policy shall name City
as an additional insured and provide for thirty (30) days
notice to City prior to cancellation. A certificate of insurance
certifying such coverage shall be filed with the City Clerk
before the effective date of this franchise, and it shall be
maintained in force during the term of the franchise.
3) General Liability
The Company shall carry, in its own name, a comprehensive
liability insurance policy including contractual coverage for
operations other than automobile with limits of not less than
Five Hundred Thousand Dollars ($500,000.00) per
occurrence for bodily injury, and One Hundred Thousand
Dollars ($100,00.00) per occurrence for property damage.
The policy shall -name the City as named insured and
provide for thirty (30) days notice to City prior to cancellation.
A certificate of insurance certifying such coverage shall be
filed with the City Clerk before the effective date of this
franchise and maintained in force during the term of the
franchise.
Section 6.
Compliance with Laws and Ordinances
The Company shall, at all times during the term of this franchise, be subject to all lawful
exercise of police power by the City and to such reasonable regulations as the City shall
hereafter by ordinance provide. In addition, the Company will observe all city, county,
state, and federal laws regulating the collection and disposal of solid waste.
Section 7.
Service Standard and Equipment
The Company shall maintain and operate its collection system and equipment in
good order to render efficient service subject to the terms of this franchise. All vehicles,
containers, and equipment used for the collection and transportation of solid waste shall
be constructed, operated and maintained to prevent loss of liquid or solid waste material
and to minimize health and safety hazards to solid waste management personnel and
the public. Such vehicles, containers, and equipment used shall be maintained in a
clean, sanitary condition and free from odors at all times. All vehicles and equipment
shall comply with federal, state, and local regulations. Collection vehicles and all bulk,
commercial, and roll -off type containers shall be painted and numbered and shall have
the Company's name and telephone number painted in letters of a contrasting color.
Such containers may not be placed on any street or right-of-way within the City. All
collections shall be made directly from the premises of the customer and any emptied
containers returned directly to such premises.
Section 8.
Providing Services
The Company shall provide service to any person, firm, corporation, association
or entity inside the City of Beaumont who requests such service and is not delinquent in
the payment of collection charges due the Company.
Section 9.
Office
The Company shall establish and maintain an office with telephone service and
shall keep said office open for business from 9:00 A.M. to 5:00 P.M. each and every day
except Saturday, Sunday and holidays.
Section 10.
Interruption of Service
In the event that service shall be interrupted for any reason for more than forty-
eight (48) hours, the City shall have the right to make temporary independent
arrangements for the purposes of continuing this necessary service to its residents in
order to provide or protect the public health and safety. If the interruption in service
mentioned herein continues for a period of seventy-two (72) hours, then the City shall
have the right to terminate the rights and privileges granted in this franchise.
Section 11.
Termination
In the event that any provision of this franchise is violated by the Company, the
City may serve written notice upon the Company of its intention to terminate this
franchise. The notice shall contain the reasons for such intention to terminate the
franchise. Unless within ten (10) days after mailing such notice by City to the Company,
such violation shall cease, or satisfactorily arrangements for correction be made by
Company, the City Council may, after a public hearing in which Company is provided an
opportunity to present evidence concerning such violation, declare the franchise
terminated and serve written notice upon the Company of the termination and the
termination of the franchise shall be effective upon the mailing of such notice.
Section 12.
Transfer of Franchise Rights
Franchise rights granted hereunder shall not be transferred to another without
the approval of City. A single transfer or a series of transfers of Company's stock which
constitute a transfer of a majority interest in Company is subject to the prior approval of
City.
Ccrfinn VA
Notices
Where written notices are provided for in this ordinance, same shall be sufficient
to notify Company when provided by certified mail to:
DSC Carting, LLC
1701 W. Willow Street
Lafayette, LA 70583
Notice to City is sufficient if mailed by certified mail to:
City Manager
City of Beaumont
P.O. Box 3827
Beaumont, TX 77704
Section 14.
If any section, sentence, clause, paragraph or phrase of this ordinance, other
than Section 4, is for any reason held to be invalid or illegal, such invalidity shall not
affect the remaining portions of this ordinance. If Section 4 hereof is held to be invalid
for any reason, the ordinance shall be immediately invalid.
Section 15.
It is agreed by City and Company that venue of any legal proceedings under this
franchise agreement shall. be in Jefferson County, Texas.
Section 16.
Vehicle Permits
Twenty (20) days prior to the effective date of this franchise, the Company shall
furnish to the City a list of all vehicles to be providing solid waste collection and disposal
service under this franchise. Such list shall include state license number, year, make,
model and manufacturer's rated capacity for each vehicle. Vehicles not having a valid
City of Beaumont landfill permit will not be allowed to operate under this agreement nor
utilize the City refuse disposal facility. If at any time a vehicle or equipment is found to
be in noncompliance with Section 7 of this franchise, the Company will be notified of its
violation and said equipment or vehicle shall be removed from service upon receipt of
written notification.
Failure to comply with this provision or to falsify the information concerning the
location of the service of the vehicle shall be a material breach of this franchise. Should
City decide not to terminate this franchise because of any violation of this Section,
Company's disposal fee at City's landfill shall be doubled for all of Company's vehicles
for a period of sixty (60) days.
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 on first reading this
the 17th day of July, 2018.
- Mayor Becky Ames -
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 on second reading
this the 24th day of July, 2018.
- Mayor Becky Ames -
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 on final reading this
the day of
ACCEPTANCE:
DSC Carting, LLC
(Company Owner/Representative)
2018.
- Mayor Becky Ames -
0
July 24, 2018
Consider a resolution approving the settlement of pending -litigation between the City of Beaumont
and APAC-Texas, Inc. and Oldcastle Materials Texas, Inc. (Cause Nos. A-201103 and E-200934)
BEAUMONT
TEXAS
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Tyrone E. Cooper, City Attorney
MEETING DATE: July 24, 2018
REQUESTED ACTION: Council consider a resolution approving the settlement of pending
litigation between the City of Beaumont and APAC-Texas, Inc.
and Oldcastle Materials Texas, Inc. (Cause Nos. A-201103 and E-
200934).
BACKGROUND
Oldcastle Materials Texas, Inc. filed suit against, among others, City of Beaumont and Dr. Joe
Majdalani, as Director of Public Works, seeking, among other things, declaratory and injunctive
relief. City of Beaumont subsequently brought suit against APAC-Texas, Inc. alleging that
APAC had provided sub -standard asphalt on various City projects. An agreement has been
reached to resolve all disputes between APAC/OldCastle and the City and its representatives in
these cases. The terms of the settlement are set forth in the resolution attached to the agenda
packet and adopted herein by reference.
FUNDING SOURCE
Not applicable. The City will not be paying any money to APAC or Oldcastle.
RECOMMENDATION
Approval of resolution.
RESOLUTION NO.
WHEREAS, the lawsuits styled City of Beaumont vs. APAC-Texas. Inc., Cause
No. A-201103, and In Re: OldCastle Material Texas, Inc. D/B/A Gulf Coast, Cause No.
E-200934, were discussed in Executive Session properly called and held Tuesday, July
24, 2018; and,
WHEREAS, the City Attorney is requesting authority to settle the matters with
APAC-Texas, Inc. and OldCastle Materials Texas, Inc.; and,
WHEREAS, the City Council has considered the merits of the request and is of
the opinion that it is in the best interest of the City to settle the lawsuits;
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 City Attorney be, and he is hereby, authorized to settle the claims of
APAC-Texas, Inc. and OldCastle Materials Texas, Inc. in the lawsuits styled Cily of
Beaumont v. APAC-Texas, Inc., Cause No. A-201103, and In Re: OldCastle Materials
Texas, Inc. DIBIA Gulf Coast, Cause No. E-200934, under' the following terms (to be
included in a formal release agreement):
1. Oldcastle, as of the date of the settlement shall be deemed to be a
responsible bidder, on both material and construction bids, or any other
matter on which Oldcastle may submit a competitive bid;
2. The City, from time to time, anticipates that it may procure goods and
services from Oldcastle, in compliance with competitive bidding laws, and
Oldcastle wishes to provide goods and services to the City. Oldcastle and the
City have engaged in numerous business transactions for decades, and
through the course of those transactions have established various obligations,
debts, credits, and accounts against one another. The City and Oldcastle
agree that all such obligations, debts, credits, and accounts, regardless of
whether on materials sale, construction, vendor sales, or otherwise are
hereby resolved and extinguished and replaced by a credit of 25% to any
materials sales invoice Oldcastle submits to the City for any future materials
sales, up to a total credit of $125,000.00.
3. Oldcastle and the City both deny liability or any wrongdoing, and mutually and
amicably agree that all lawsuits, claims, obligations, debts, credits, and
accounts against one another are resolved and reconciled and will be
dismissed with prejudice, other than as set forth in No. 2 above.
BE IT FURTHER RESOLVED THAT the lawsuits will be mutually dismissed
between the City of Beaumont and the APAC entities; and,
BE IT ALSO RESOLVED THAT the City Manager be, and is hereby, authorized
to execute all documents related to dismissal of the lawsuits.
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 24th day of
July, 2018.
- Mayor Becky Ames -