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Home My WebLink AboutJune 2020 PC Packet*AGENDA* PLANNING COMMISSION June 15, 2020 WORKSHOP - PLANNING COMMISSION Virtual Zoom Meeting — 2:30 p.m. REGULAR MEETING PLANNING COMMISSION Virtual Zoom Meeting — 3:00 p.m. JOINT PUBLIC HEARINGS PLANNING COMMISSION AND CITY COUNCIL Virtual Zoom Meeting - 3:15 p.m. Join Zoom Meetings at: https://beaumonttx.zoom.us/i/97857191517 Meeting ID: 978 5719 1517 Dial by your location 888 475 4499 US Toll-free 833 548 0276 US Toll-free 833 548 0282 US Toll-free 877 853 5257 US Toll-free Meeting ID: 978 5719 1517 Find your local number: https:Hbeaumonttx.zoom.us/u/ac9LLw2G61 The meetings will also be broadcast on the City's Youtube channel: https://www.Voutube.com/channel/UCnY6nNk8zf)(ZulMglzbwEBg *AGENDA* ROLL CALL APPROVAL OF MINUTES Approval of the minutes of the Meetings held March 16, 2020. REGULAR MEETING 1) Request for preliminary plat approval of Windemere Subdivision, Section Four, Lot 25, Block 9, Lots 3-15, Block 10 and Lots 1-3 & I1-16, Block 11, Beaumont, Jefferson County, Texas. Applicant: Bernardino Tristan, P.E. for Fittz & Shipman, Inc. Location: 7755-7875 Windcastle Drive and 6220-6240 Windcrest Drive 2) Replat- Marmion Addition, Lots 1-5, Block 1: Request for a Replat of Lots 1-5 into Lots IA, 2A & 3A, Block 1, Marmion Addition, Beaumont, Jefferson County, Texas. Applicant: Dianne Minix -Marks Location: 1790, 1840 & 1830 May Street 3) Replat- Westhaven Terrace, Lots 1-2, Block 2: Request for a Replat of Lots 1-2 into Lot IA, Block 2, Westhaven Terrace Addition, Beaumont, Jefferson County, Texas. Applicant: Richard Faust Location: 4070 Neumann Lane JOINT PUBLIC HEARINGS 4) 2412-P: Request for a Specific Use Permit to allow a bar in a GC -MD (General Commercial — Multiple Family Dwelling) District. Applicant: Jeremy Reed Location: 35 N. 11th Street 5) 2413-P: Request for a Specific Use Permit to allow a second dwelling on one lot for property zoned RS (Residential Single -Family Dwelling) District. Applicant: Danielle Goodwin Location: 6555 Claybourn Drive 6) 2414-P: Request for a Specific Use Permit to allow a wholesale shrimp company in an LI (Light Industrial) District. Applicant: Hien Nguyen Location: 5620 Avenue A OTHER BUSINESS ADJOURN Persons with disabilities who plan to join this meeting and who may need auxiliary aids or services are requested to contact Kaltrina Minick at 880-3777. *MINUTES* JOINT PUBLIC HEARINGS PLANNING COMMISSION CITY COUNCIL City Council Chambers March 16, 2020 A Joint Public Hearing of the Planning Commission and City Council was held on March 16, 2020 and called to order at 3:19 p.m. with the following members present: Commission Members present: Chairman Sina Nejad Commissioner Johnny Beatty Commissioner Shawn Javed Commissioner Lynda Kay Makin Commissioner Taher Quaraishi Commission Members absent: Commissioner Bill Little Commissioner Tom Noyola Commissioner Eddie Senigaur Commissioner Roy Steinhagen Alternate Commissioner Marty Craig Alternate Commissioner Cory Crenshaw Alternate Commissioner Lauren Williams Mason Councilmembers present: Mayor Becky Ames Mayor Pro -Tem W.L. Pate Councilmember Randy Feldschau Councilmember Taylor Neild Councilmember Audwin Samuel Councilmembers absent: Councilmember Mike Getz Councilmember Robin Mouton Also present: Chris Boone, Director of Planning and Community Development Adina Josey, Senior Planner Katrina Purcell, Planner I Sharae Bassett Reed, First Assistant City Attorney Catherine Allen, Recording Secretary Planning and Zoning March 16, 2020 APPROVAL OF MINUTES Commissioner Makin moved to approve the minutes of the Joint Public Hearings held on Febru- ary 17, 2020. Commissioner Quaraishi seconded the motion. The motion to approve the minutes carried 5:0. REGULAR MEETING 1) Preliminary Plat- Old Dowlen Business Park, Section Two, Lots 13A & 14A: Request for preliminary plat approval of Old Dowlen Business Park, Section Two, Lots 13A & 14A, Jef- ferson County, Texas. Applicant: Richard Faust Location: 6175 & 6180 Muela Creek Drive Mr. Boone presented the staff report. In 2016, Faust Engineering and Surveying, Inc. filed the plat of Old Dowlen Business Park, Phase 2, with a street that terminated in a temporary cul-de- sac. In September of 2018 the Minor Plat of Phase 3 was filed, eliminating the possibility of Muela Creek Drive extending in the future. The edges of the existing cul-de-sac are currently on private property. For development to continue, the edges of the cul-de-sac must be accepted by City Council for maintenance, adding them to the existing street right-of-way. The purpose of this Plat is to dedicate the edges of the cul-de-sac. Slides of the subject property and site plan were shown. Staff recommended approving the re- quest. The applicant was present. James Faust, 5550 Eastex Freeway, Suite O, representing Faust En- gineering and Surveying, Inc., addressed the commission. He stated that staff did a good job on the staff report and that he did not have anything to add. Brief discussion followed regarding the utilities along the radius. Commissioner Makin moved to approve the request for preliminary plat approval of Old Dowlen Business Park, Section Two, Lots 13A & 14A, Jefferson County, Texas. Commissioner Quarai- shi seconded the motion. The motion to approve carried 5:0. 2) 906 -OB: Request to abandon an alley. Applicant: Sylvester Hill Location: 705 Martin Luther King Pkwy, Block 1, Jirou Addition Mr. Boone presented the staff report. Sylvester Hill is requesting abandonment of the alley lo- cated within Block 1, Jirou Addition. The alley is located adjacent to 705 Martin Luther King Pkwy. Mr. Hill represents H2H Management Group, L.L.C., owners of all of the adjoining property. H2H Management Group, L.L.C. would like to build on this property. Slides of the subject property were shown. This item was sent to all interested parties with no response requesting an easement. 2 Planning and Zoning March 16, 2020 Staff recommended approving the request with the following condition: 1. If approved, applicant shall obtain an appraisal and Title Commitment for the property to be abandoned at their expense. Appraisal and Title Commitment must be submitted to the Planning office along with proof that payment has been arranged prior to the item be- ing placed on City Council's agenda. The applicant was present. Sylvester Hill, 2885 Willow Place, addressed the commission. Mr. Hill stated that he bought this property about 13 years ago and was ready to develop it when he realized that the alley was owned by the City. He stated that there are utilities present behind the property and that there is a right of way. Discussion followed regarding the recommended condition. Commissioner Beatty moved to approve a request to abandon an alley with the following condi- tion: 1. If approved, applicant shall obtain an appraisal and Title Commitment for the property to be abandoned at their expense. Appraisal and Title Commitment must be submitted to the Planning office along with proof that payment has been arranged prior to the item be- ing placed on City Council's agenda. Commissioner Quaraishi seconded the motion. The motion to approve carried 5:0. JOINT PUBLIC HEARINGS Mayor Ames called the Joint Public Hearings of March 16, 2020 to order at 3:29 pm and ex- plained the purpose of the Joint Public Hearing process. Mayor Ames then turned the meeting over to Chairman Nejad to conduct the Joint Public Hearings. 3) 2410-P: Request for a Specific Use Permit to allow a liquor store in a GC -MD -2 (General Commercial - Multiple Family Dwelling — 2) District. Applicant: Annette Byerly Location: 2916 E Lucas Drive, Suite A Mr. Boone presented the staff report. Annette Byerly has requested a Specific Use Permit to al- low a liquor store at 2916 E. Lucas Drive. In 2004, the property owner submitted an application to rezone the north part of this property to GC -MD -2 (General Commercial - Multiple Family Dwelling -2) with a Specific Use Permit to allow a strip mall with retail stores and restaurants. For this reason, a Specific Use Permit is required for any use other than a simple retail store or restaurant. Consequently, all landscaping, parking and utilities are in compliance and will not require any alteration. 3 Planning and Zoning March 16, 2020 Slides of the subject property and site plan were shown. Twenty-five (25) notices were mailed to property owners within two hundred (200) feet of the subject property. One response was re- ceived in favor and none were received in opposition. Staff recommended approval of the request. Brief discussion followed concerning the zoning of the building, why the Specific Use Permit is needed and the placement of the proposed liquor store. The applicant was present but did not address the commission. The public hearing opened and closed without comment. Commissioner Makin moved to approve the request for a Specific Use Permit to allow a liquor store in a GC -MD -2 (General Commercial - Multiple Family Dwelling — 2) District. Commis- sioner Beatty seconded the motion. The motion to approve carried 5:0. 4) 2411-P: Request for a Specific Use Permit to allow an exemption to the minimum yard re- quirements for property in an LI (Light Industrial) District. Applicant: Randy French Location: 40 N 4th Street Mr. Boone presented the staff report. Randy French has requested a Specific Use Permit for the property located at 40 N. 4th Street. Number 12 of the area and height exceptions listed in Sec- tion 28.03.024(c) of the Zoning Ordinance states, " Existing industrial uses in industrial zoning districts may, in addition to or instead of any other remedies in this chapter, apply for a specific use permit in order to be exempt from the minimum yard requirements for the expansion, en- largement or separate addition of buildings or structures on adjacent land in the same zoning district acquired by purchase or lease after the adoption of this chapter. " Coastal Welding Supply, Inc. would like to construct a storage awning along Angelina Street that would not meet the minimum required setback for property in an HI (Heavy Industrial) District. If there were no exception, a twenty-five (25) foot setback would be required. At its nearest point, the new storage awning would be at least five (5) feet from the Angelina Street right-of- way. Final occupancy approval is subject to review and acceptance of submitted plans and field in- spections to verify compliance with applicable codes. Slides of the subject property and surrounding area were shown. Mr. Boone briefly explained the building setback requirements in a Heavy Industrial District and why a Specific Use Permit is needed in this case. Staff recommended approval of this request. The applicant was present but did not address the commission. The public hearing opened and closed without comment. 4 Planning and Zoning March 16, 2020 Commissioner Makin moved to approve the request for a Specific Use Permit to allow an ex- emption to the minimum yard requirements for property in an LI (Light Industrial) District. Commissioner Javed seconded the motion. The motion to approve carried 5:0. OTHER BUSINESS None. THERE BEING NO OTHER BUSINESS, THE MEETING WAS ADJOURNED AT 3:38 P.M. 5 DATE: June 15, 2020 TO: Planning Commission FROM: Chris Boone, Director of Planning and Community Development SUBJECT: To consider a request for Preliminary Plat approval of Windemere Subdivision, Section Four, Beaumont, Jefferson County, Texas. FILE: Preliminary Plat — Windemere Subdivision, Section Four STAFF REPORT Bernardinao Tristan, P.E. of Fittz & Shipman, Inc., has requested Preliminary Plat approval of Windemere Subdivision, Section Four. This 5.5257 Acre development will connect the two ends of Windcastle Drive and consists of 23 residential lots. All lots meet the requirements for a residential lot. Water and sewer will be provided by an extension of the city's facilities. Section 26.02.002(a)(7) of the Subdivision Ordinance states, "Proposed plan of subdivision, showing streets, blocks, lots, alleys, easements, building lines, parks and other such areas with principal dimensions. The plan shall show how the streets and easements in the subdivision will connect with those in the surrounding subdivisions." Lots 14 & 15 of Block 10 do not have building setbacks or easements shown. In addition, the plat does not show how/if these new easements will tie into the existing property to the west. The Planning staff recommends approval with the following condition: 1. Show easements and building lines for Lots 14 & 15, Block 10 and demonstrate how the easement will connect with those in the surrounding subdivision. This item was sent to all interested parties. Exhibits are attached. GENERAL INFORMATION/PUBLIC UTILITIES APPLICANT: Bernardino Tristan, P.E. of Fittz & Shipman, Inc. PROPERTY OWNER: Jim Ritter LOCATION: Extension of Windcastle Drive EXISTING ZONING: R-S (Residential Single -Family Dwelling District) PROPERTY SIZE: 5.5257 acres, more or less EXISTING LAND USES: Vacant FLOOD HAZARD ZONE: "X" - Areas determined to be outside 500-year floodplain URROUNDING LAND USES: SURROUNDING ZONING: NORTH: Residential R-S (Residential Single -Family Dwelling District) EAST: Residential R-S SOUTH: Residential R-S WEST: Residential R-S COMPREHENSIVE PLAN: Neighborhood Growth Unit Area STREETS: Windcastle Drive — Proposed local street with a 50' right-of-way and a 28' pavement width. Windmeadow Drive — Proposed local street with a 50' right-of-way and a 28' pavement width. DRAINAGE: Curb & gutter WATER & SANITARY Extension of City water SEWER SERVICE: and Sanitary Sewer GENERAL INFORMATION/PUBLIC UTILITIES APPLICANT: Bernardino Tristan, P.E. of Fittz & Shipman, Inc. PROPERTY OWNER: Jim Ritter LOCATION: Extension of Windcastle Drive EXISTING ZONING: R -S (Residential Single -Family Dwelling District) PROPERTY SIZE: 5.5257 acres, more or less EXISTING LAND USES: Vacant FLOOD HAZARD ZONE: "X" - Areas determined to be outside 500 -year floodplain URROUNDING LAND USES: SURROUNDING ZONING: NORTH: Residential R -S (Residential Single -Family Dwelling District) EAST: Residential R -S SOUTH: Residential R -S WEST: Residential R -S .COMPREHENSIVE PLAN: Neighborhood Growth Unit Area STREETS: Windcastle Drive — Proposed local street with a 50' right-of-way and a 28' pavement width. Windmeadow Drive — Proposed local street with a 50' right-of-way and a 28' pavement width. DRAINAGE: Curb & gutter WATER & SANITARY Extension of City water SEWER SERVICE: and Sanitary Sewer BEAUMONT Planning & Community Development neriv Infnrmatinn SUBDIVISION APPLICATION Application prints on legal size page ® Preliminary Plat ❑ Amended Plat* ❑ Final Plat* C Replat* ❑ Minor Plat* ❑ Vacate Plat Subdivision Name Address/Loodan Windemere Sudivision, Section Four Windcastle Drive totlsl: Blarkls): 25;3-15;1,2,3,11-16 9;10;11 1f of Acres: g onnts: N of tinea: 5.5257 acres 23 nt Infnrmatinn Name:--_____--___.. -- Company: Bernardino Tristan, P.E. Fittz & Shipman, Inc. Malling Address: city: State' Zip: 1405 Cornerstone Court Beaumont Texas 77706 Phone: Emag: 409-832-7238 btristan@fittzshipman.com Information Name: Company: Jim Ritter Windemere Development Company Mailing Address: C;ty: State: 2T: P.O. Box 1265 Nederland Texas 77627 Phone: Email: (409) 729-1033 jim@ritterforest.com Ovmer's5ignature Applicant Signature Date 04-22-2020 Date Applicant check (V) city Checklist of items required on PLAT to be filed*: Check(✓) 1. Title or name of plat, meridian north point, scale of map and vicinity map. 2. Definite legal description and identification of the tract being subdivided. 3. All block, lot and street boundary lines referenced to Texas State Plane Coordinate System. 4. Building Lines and easements. 5. Actual width of all streets, measured at right angles or radially, where curved, shown on map 6. All necessary dimensions accurately displayed 7. Names of all streets and adjoining subdivisions shown on map 8. Flood zones and boundaries, if applicable, shown on map. Elevations for full subdivisions. 9. Addresses clearly displayed 10. Certificate of ownership signed, stamped and notarized 11. Certificates of approval from City and County shown on map 12. All legal restrictions and regulations placed on the approval of plat shown clearly on map Checklist of.items required on Preliminary Plat map: X 1. Title or name of plat, meridian north point, vicinity map and name an signature of owner. X ✓ 2. Written evidence of ownership. X 3. Scale of map shown on map, map to be drawn on a scale of one hundred (100) feet to inch or larger. X 4. Location of existing blocks, lots, alleys, easements, building lines, natural features and buildings. X 5. Existing and proposed streets with street names. X G. Plan of subdivision with blocks, lots, alleys, easements, building lines, parks, dimensions and addresses. X 7. Location of existing and proposed sewers, water, gas mains, as well as storm and drainage easements. X 8. Topography if the surface is markedly uneven. X 9. Boundaries and elevations of all areas located in the flood hazard and flood zones for all areas. X 10. Location of all existing pipeline easements with size, type of product and pressure. X 11. Name of registered surveyor/engineer responsible for preparing the plat. 12. List of all restrictive covenants, conditions, and limitations to govern property being subdivided. b Initial In;t;al 'Flan (original signed document) to be filed must be accompanied by riling fees (City &County), tax certificates, digital files (CAD, .pdf and shapefile), and 2 copies of the plat. 04-22-2020 Date 9)--27 PLANNING & COMMUNITY DEVELOPMENT DBfe T 409.880.3100 F 409.880.3133 PO Box 3827 I BeaumontTX , Fittz&Shipman INC Ronald D. Fittz, P.E., R.P.L.S. (1948-1987) Terry G. Shipman, P.E., Senior Consultant Bernardino D. Tristan, P.E., Chief Executive Officer Billy J. Smith, Jr., President April 24, 2020 Mr. Chris Boone Planning Department City of Beaumont P. O. Box 3287 Beaumont, Texas 77701 RE: Windemere Subdivision, Section Four Preliminary Plat Dear Mr. Boone, Consulting Engineers and Land Surveyors Daniel A. Dotson, P.E., Vice President Donald R. King, P.E. Mitchell L. Brackin, R.P.L.S. FS Proj. No.16122 Submitted for your review and comment are five (5) prints of the Preliminary Plat and the $350.00 processing fee for the proposed Subdivision titled Windemere Subdivision, Section Four located on the north side of SH 105, will be an extension of Windcastle Drive. The subdivision consists of 5.5257 acres and will be developed as 23 single family lots for residential construction. Street Right -of -Way will be 50 foot wide with a 28 foot wide concrete pavement. Owner of the Project is: WINDEMERE DEVELOPMENT COMPANY ATTN: Jim Ritter Jr. P. O. Box 1265 Nederland, Texas 77627 Phone: (409) 729-1033 FAX: (409) 729-0698 Preliminary drainage calculations are attached and have also been forwarded to the City of Beaumont Engineering Department. Please contact me regarding questions or comments. 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Hereinafter the said Windemere Development and Windcastle shall be referred to collectively as Declarant; WHEREAS, Windemere Development is the owner of that certain tract or parcel of land located in Beaumont, Jefferson County, Texas, being an 8.255 acre tract out of the Daniel Easley Survey, Abstract 20, Jefferson County, Texas, and being out of a called 140.290 acre tract conveyed to Windemere Development Company as recorded in Volume 2047 page 137 of the Deed Records of Jefferson County, Texas, said 8.255 which is more fully and particularly described in Exhibit "A" attached hereto and incorporated herein for all purposes (the "Land") . , WHEREAS, Windemere Development has caused the Land to be subdivided, dedicated and platted into an Addition to the City of Beaumont, Jefferson County, Texas, known and to be known as Windemere Subdivision, Section Three, an Addition to the City of Beaumont, Jefferson County, Texas (the "Addition"), in accordance with the Map or Plat of said Addition filed for record in the office of the County Clerk of Jefferson County, Texas, under County Clerk's File Number 2015023510, Official Public Records ofReal Property ofJefferson County, Texas (the "Plat"). WHEREAS, Windemere Development and Windcastle have entered into a contract wherein Windemere Development has agreed to sell and convey the Land to Windcastle. WHEREAS, Declarant desires to (i) dedicate the easements for streets, utilities and any storm sewers reflected on the Plat; (ii) reserve in favor of itself and/or a Homeowner's Association hereinafter established certain easements on and across the Lots in the Addition; and (iii) impose the protective and restrictive covenants set forth later herein on the Lots in the Addition and on the Common Area of the Addition. NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS that: Declarant hereby adopts the Plat of the Addition and hereby dedicates the easements for streets, utilities .and any storm drainage as reflected upon the Plat, and hereby imposes on the Lots in the Addition the basic restrictions, conditions, covenants, and limitations set forth on the Plat and herein, and that: For the purpose of enhancing and protecting the value, attractiveness, and desirability of the Lots in the Addition, and for the purpose of providing for the orderly development, use and enjoyment of the Lots in the Addition, Declarant hereby declares that all of the Land in the Addition shall be held, sold and conveyed subject to the easements, restrictions, covenants, conditions, and limitations hereinafter set forth, which shall constitute covenants running with the Land and shall be binding upon all parties having any right, title or interest in the Land, or any part thereof, and upon such parties' respective heirs, successors, legal representatives, devisees, lessees and assigns, and shall inure to the benefit of such parties and their respective heirs, successors, legal representatives, devisees, lessees and assigns. ARTICLE I - DEFINITIONS Section 1. "Owner" shall mean and refer to the record owner, whether one (1) or more persons or entities, of a fee simple title to any Lot which is part of the Addition, including contract sellers, but excluding (a) those holding title merely as security for the performance of an obligation, or (b) those holding title to, or an interest in, the mineral estate only, with no title to, or interest in, the surface estate. Section 2. "Lot" shall mean and refer to each and every parcel of land shown and reflected upon the final recorded Plat or Plats of said addition, and shall also mean and refer to any designated parcel of land in the Addition. Section 3. "Declarant" shall mean and refer to Windemere Development and Windcastle, and their respective successors and assigns. However, as used in this paragraph, the term "assigns" shall not be construed to mean, refer to or include any person or entity which shall acquire from Windcastle one (1) or more of the Lots in the Addition, whether improved or unimproved, for occupancy or resale, unless Windcastle or its successor, expressly assigns to such assignee all of its rights and privileges as "Declarant" under this Declaration. Section 4. "Future Development Tract" shall mean and refer to all or any part of that certain tract or parcel of land out of and part of the Hezekiah Williams Survey, Abstract Number 56, in Beaumont, Jefferson County, Texas, which said tract is shown on the Plat as Remainder of Windemere Development Company. Section 5. "Supplemental Declaration" shall mean and refer to any supplemental or supplementary declaration of covenants, conditions and restrictions bringing additional property within the scheme of this Declaration. Section 6. "Mortgage", "Deed of Trust" or "Trust Deed" shall mean and refer to a pledge of a security interest in or the creation of a lien upon a Lot (or Lots), together with any improvements thereon, to secure repayment of a loan made to the Owner(s) of such Lot or Lots (or made to another, but secured by such Lot or Lots). Section 7. "Mortgagee" shall mean and refer to the beneficiary of, or secured parry in, a Mortgage on a Lot or Lots. ARTICLE II - PROPERTY SUBJECT TO DECLARATION- ADDITIONS THERETO Section 1. Existing Property. The real property which is and shall be held, transferred, sold, conveyed and occupied subject to the terms, covenants; conditions, restrictions, easements and reservations contained in this Declaration is Windemere, Section Three, as shown and reflected upon the above referenced Plat of the Addition, which property may be sometimes referred to herein as the "Existing Property" or "Windemere, Section Three." Section 2. Additions of Prop. Declarant, at its sole election, may bring within the scheme of this Declaration all or any part of the Future Development Tract by Declarant's filing of record in the office of the County Clerk of Jefferson County, Texas, a Supplemental Declaration describing such additional property and expressly subjecting such additional property to the scheme of this Declaration together with a plat of such additional property. Such Supplemental Declaration may contain complementary and supplementary provisions, conditions, covenants, restrictions, reservations, and Page 2 of 15 C:1UstmVJohnsonTroPmxWitte %Winde.a,'Smtion 3%Dw1=tions Scetion Thm.docx limitations and may amend and modify the provisions, conditions, covenants, restrictions, at ons, and but such Su limitations contained herein as they relate to or affect such additional property, pp al Declaration shall not in any manner revoke, modify or add to the covenants established by this Declaration as to the Existing Property. After any additional part or parts of the Future Development Tract are brought within the scheme of this Declaration pursuant to the provisions of this paragraph or section, the term "Addition," as used herein, shall be deemed to mean, refer to and include such additional part or parts of the Future Development Tract so brought within the scheme of this Declaration pursuant to this Section 2. Section 3. Waiver of Right to Add Property to Addition. At any time, the Declarant, in its sole discretion, may waive and relinquish its right to bring all or any specifically described part of the Future Development Tract within the scheme of this Declaration pursuant to Section 2 above. Such waiver or relinquishment shall be effected by Declarant's execution and filing far record in the office of the County Clerk of Jefferson County, Texas, a written statement stating (in essence) that the Declarant waives and relinquishes its right to bring any further part or parts of the Future Development Tract, or any specifically described part or parts of the Future Development Tract, within the scheme of this Declaration. Subsequent to the execution and recordation of any such waiver, Declarant shall have no further right to bring any additional part or parts of the Future Development Tract within the scheme of this Declaration; except, however, if the waiver or relinquishment is only as to any specifically described part or parts of the Future Development Tract, then Declarant shall have no right to thereafter bring such specifically described part or parts of the Future Development Tract within the scheme of this Declaration, but shall have the right to bring all or any part or parts of the remainder of the Future Development Tract within the scheme of this Declaration pursuant to the provisions of Section 2 above. ARTICLE III - PROPERTY RIGHTS AND EASEMENT Section 1. Platted Utility Easements. Easements for streets and for installation and maintenance of utilities and storm sewers are shown and designated as such on the recorded Plat or Plats of the Addition. Except as provided below in this Section 2, no building or structure of a permanent nature may be erected or constructed within these easements, nor shall any structure, planting or other material be placed or permitted to remain in any such easements which may damage or interfere with the installation and maintenance of utilities in the easements for installation and maintenance of underground utilities may be crossed with sidewalks and driveways, provided that (a) there -are prior arrangements made for such crossings with the public authority or utility company providing services therein, and (b) neither the Declarant, or any public authority or utility company using such easements shall be liable for any damage done by them, or their respective agents, employees, representatives or contractors, to such sidewalks or driveways in the course of installing, repairing, maintaining, relocating or removing any utility lines or other installations, or any appurtenances thereto, within any ufthOwner etreeeasement(s) wsshall mow and maintin the utility easement areaof hisLot together, with unpaved portion o abutting his Lot. Section 2. Blanket UtilitX Easement. There is hereby reserved upon each Lot in the Addition a blanket utility easement of the width as shown on the plat in favor of any public or municipal utility company for the purpose of installing, operating and maintaining utility service (electric, water, sewer, cable tv) to the residence constructed on that Lot. Section 3. Blanket Easements. An easement over and upon every Lot in the Addition hereby reserved by Declarant in favor of itself and its successors, assigns, representatives, agents, employees and contractors, to enter in and upon any Lot for the purpose of exercising any rights or performing any obligations herein granted to or imposed on the Declarant or its successor or assigns. Page 3 of 15 C:\UsersUJohnson\DrapbonUtittedWindemuel5ection JV7eclsmtians Section Three.docx ARTICLE IV - OBLIGATION TO MAINTAIN REPAIR AND REBUILD Section 1. Owner's Obligation to Maintain and Repair. Each Owner shall, at his sole cost and expense, perform such maintenance and make such repairs and replacements to his residence, together with all other structures, installations and improvements located upon his Lot, as shall be required to keep his residence and all other structures, installations and improvements on his Lot, in substantially the same condition as at the completion of the original construction thereof, excepting only ordinary wear and tear. Additionally, each Owner shall regularly mow and maintain, and keep in a neat and attractive condition, the grassed and landscaped areas of his yard and the unpaved portion of the street easement(s) abutting his Lot, and each Owner shall maintain in good repair and condition all sidewalks and driveways serving his Lot, even though such sidewalks and/or driveways may be located partly on the street easement(s) abutting his Lot. If any perimeter privacy fence constructed or installed on an Owner's Lot requires replacement, it shall be replaced with a fence of the same design, type of materials and height as the fence being replaced. If any Owner fails to perform the maintenance or make the repairs required of such Owner hereunder, Declarant, after giving such Owner written notice specifying the required maintenance or repairs, may perform such maintenance or make such repairs if such Owner does not, within ten (10) days after notice is given to Owner, diligently commence and perform the maintenance or make the repairs or replacements specified in such notice. The costs incurred by Declarant in performing such maintenance or making such repairs or replacements shall be the basis for levying an additional Lot assessment against such Owner and his Lot. Section 2. Owner's Obligation to Rebuild. If any residence or other structure on any Lot in the Addition is damaged or destroyed by fire or other casualty, it shall be the duty and obligation of the Owner thereof to repair, restore or reconstruct such residence or other improvement to substantially the same condition as before such damage or destruction. Architectural Control Committee approval of the plans and specifications for making such repairs, restoration or reconstruction must be obtained prior to commencement thereof, as more fully provided later in this Declaration. The Owner of such damaged or destroyed residence or other improvement shall commence such repairs, restoration or reconstruction within a reasonable period of time after the occurrence of such damage or destruction and thereafter prosecute the work of repair, restoration or reconstruction of such residence or other improvement with due diligence and shall complete such repairs, restoration or reconstruction within six (6) months from the occurrence of such damage or destruction, subject only to delays occasioned by matters beyond the reasonable control of such Owner. ARTICLE V - ARCHITECTURAL CONTROL Section 1. General Authority of Architectural Control Committee. No building, fence, wall, screening device, patio, patio enclosure, swimming pool, spa, tennis court; driveway, sidewalk or other improvements (of whatever kind or description) shall be commenced, constructed, erected, placed or reconstructed on any Lot in the Addition; nor shall any exterior addition to or change or alteration of any structure or improvement on any Lot in the Addition be commenced or made; nor shall any exterior repainting or reroofing involving any change in the exterior color scheme be commenced or performed; until two (2) complete sets of plans and specifications therefor (the "Plans") showing: (a) the kind, shape, size, height and exterior color scheme thereof; (b) the location of all improvements, including driveways, sidewalks and off-street parking; (c) utility installations; (d) the kind, nature and quality of materials; (e) finished grade, topography and elevation, and (0 site landscaping; have been submitted to and approved by the Architectural Control Committee (herein called the "Committee") as to: (1) the type and quality of materials; (2) the conformity of the planned improvements with the covenants contained in this Page 4 of 15 C:1UsersUJohnson\DropbozlRiner\Winde.—\SWI-3\D.ie tit Section Thr-d— Declaration; (3) the harmony of external design (including type, quality and color of roof, exterior materials and color scheme) with other existing or planned structures in the Addition; and (4) location of the planned improvements with respect to topography and in relation to other existing or planned structures in the Addition. The Plans shall also reflect all driveways and sidewalks serving the Lot, even though same may, in part, extend beyond the perimeter boundaries of the Lot. Plan approval or disapproval shall be as provided in Section 5 below. The Committee may, in its discretion, provide developmental guidelines for site planning, architecture, fencing and landscaping; and if and when such guidelines are provided, they shall be used as the basis for review and approval (or disapproval) of Plans. Section 2. Composition of Committee. The Committee shall be composed of two (2) members. The initial members of the Committee are Jim Ritter, Jr. and Allan Ritter. The Committee shall have the power to designate a representative (who may or may not be a member of the committee) to act for the Committee; and upon the designation of such representative by the Committee, such representative shall have the power and authority to do any act or make any decision which the Committee itself could do or make under this Declaration. Neither the Committee not its authorized representative shall have the right to demand, charge or receive any fee or other compensation as a condition to the examination of any Plans submitted hereunder or for granting approval (or disapproval) thereof. Section 3. Vacancies and Filling of Vacancies. In the event of the death or resignation of any of the members of the Committee, the remaining member of the Committee (even though less than a majority thereof) may appoint, by written instrument signed by such remaining member(s) and filed for record in the office of the County Clerk of Jefferson County, Texas, a successor or successors to the Committee. If all the members of the Committee die or resign, then the Declarant (or its successor) shall have the authority to appoint successor members of the Committee; provided, however, if all members of the Committee die or resign, and the Declarant (or its successor) has not appointed successor members within ninety (90) days after the death or resignation of the last of the Committee members, then the Owners, through its Board of Directors, shall exercise the authorities herein granted to the Co mi den Furthermore, at any time after twenty (20) years from the date of this Declaration, the Owners, by agreement executed by a majority of the Owners and filed for record in the office of the County Clerk of Jefferson County, Texas, may change the membership of the Committee; or (ii) withdraw powers and duties from, or restore powers and duties to, the Committee. Section 4. Term of Committee• Surrender of Authority. The herein granted powers and duties of the Committee shall cease and terminate twenty (20) years after the We of this Declaration, and the approval of the Committee shall not be thereafter required, unless, prior to the expiration of said twenty (20) year period, a majority of the Owners shall exercise their right to restore to the Committee its powers and duties under this Declaration in the manner provided in Section 3 above. Section 5. Manner of Approval. Plan approval or disapproval by the Committee, or its designated representative, as required in this Declaration, shall be in writing and signed by at least one (1) member of the Committee or by its designated representative (if a representative has been appointed to act for the Committee). If the Committee or its designated representative fails to give written approval or disapproval within thirty (30) days after Plans meeting the requirements of Section 1 of this Article V have been submitted to it, approval will not be required, and the covenants contained in said Section 1 above shall be deemed to have been fully satisfied. However, the approval or disapproval of Plans by the Committee, or the failure of the Committee to approve or disapprove the Plans within thirty (30) days after the submission thereof, shall in no way authorize any use or improvement of any Lot in violation of any of the other covenants containfreod in sutch cis enant Declaration, Approvaltwhere of Plans {whether�actual orittee had express authority to deemed) shall not be grant a waiver or variance Page 5 of 15 C:WUmsVJohnson\Dmpbox\Ritter\wndcm=\Smtion 3\Dectarations Sxtion n=d= valid or effective for more than one hundred twenty (120) days; and if, within one hundred twenty (120) days from Plan approval, construction, reconstruction, addition, change or alteration. for which Plan approval was obtained, has not commenced, then the Plans must be resubmitted and approved by the Committee before any such construction, reconstruction, addition, change or alteration may be commenced. There shall be no review of any action of the Committee, except by procedures for injunctive relief when such action is patently arbitrary and capricious; and under no circumstances shall the Committee, any member of the committee, or the representative of the Committee be subject to any suit by anyone for damages for any actions, or failures to act, on the part of the Committee, any member of the Committee, or the Committee's representative. Section 6. No Liability for Plan Approval. Neither the Committee, nor any member or representative thereof, shall be liable to any person or entity under any theory or under any circumstances in connection with the Committee's approval (whether actual or deemed) of any Plans submitted to the Committee for approval, including, without limitation, any liability based upon the soundness of construction or adequacy of plans and specifications, mistake of judgment, negligence or nonfeasance. Neither the Committee, nor any member or representative thereof, shall have any liability to any person or entity by reason of the construction of buildings or the making of other improvements which shall depart from or be at variance with the approved Plans. ARTICLE VI - USE RESTRICTIONS Section 1. Singles ily Residential. No Lot or building site in the addition shall be used for any purpose except for single family residential purposes. As used in this Declaration, the term "family" shall have the same meaning as set forth in the City of Beaumont's Zoning Ordinance. However, temporary construction may be placed or constructed on specific lots in the Addition with the prior written approval of the Committee, and provided further that any such approval. temporary construction shall be removed not later than the date specified in the Comm Section 2. Permitted Structures. No structure shall be erected dstori in any t other than one having1) detached single-family dwelling not to exceed two and one-half (2-1/2) minimum livable area square footage of 1400 square feet and a private garage for not more than three (3) cars. Section 3. Construction in Accordance with Plans. All buildings and other improvements shall be constructed or made strictly in accordance with the Plans submitted to and approved by the Committee or its representative, or in strict accordance with Plans submitted to the Committee, but for which no approval is required by reason of the failure of the Committee or its representative to approve or disapprove the same within thirty (30) days after the submission thereof, as provided in Section 5 of Article V above. Section 4. Use of Common Area. Nothing shall be done in the Common Area that will increase the rate of insurance (whether of fire and casualty insurance or liability insurance), without the prior approval of the Board of Directors. or permit any members of his family, his Section 5. Prohibited Acts. No Owner shall do, guests or tenants to do, any act on any Lot or on the Common Area of the Addition which shall be in of any municipal or other governmental violation of (i) any applicable ordinance, statute, rule or regulation authority, (ii) the provisions of this Declaration, the Clii) the Bylaws of the ommon Area of the Addition; no�shall any noxious o(iv) the rules r regulations of the Owners relating to the use offensive activity be carried on or anything be done on any Lot or on the Common Area of the Addition Page 6 of 15 C:\UsersVlohnson�DrophnzlRinu\W indemue�ation 34mdaretions Scetion'(hree.docx which may become an annoyance or nuisance to the other Owners or their Tenants. No business or commercial activities of any kind or any "garage sales," "sidewalk sales" or similar activities or events (even though not commercial in nature) shall be conducted in or on the Common Area of the Addition. Section 6. Chimney Screening. If any metal fireplace chimney is used in the construction or remodeling of any residence in the Addition and it is visible from the street, it shall be encased in wood, brick or alter material approved by the Committee in the same manner as any other exterior building materials. Section 7. Parking or Storage of Boats, Etc. No boats, trailers, campers, buses, mobile homes, recreational vehicles, trucks (except for pickup trucks or vans having a manufacturer's rated carrying capacity of not more than three-quarter (3/4 ton) or similar vehicles (any of the foregoing being herein referred to as a "Restricted Vehicle") may be parked or stored upon any Lot in the Addition on a Permanent Basis (as that term is defined below in this Section) except wholly within an enclosed garage; nor may any Restricted Vehicle be parked or allowed to remain on a Permanent Basis on any street in the Addition. Further, no Restricted Vehicle shall be parked or left unattended on any portion of the Common Area of the Addition, whether or not on a Permanent Basis. A "Permanent Basis," as that term is used herein, shall mean any period or periods in excess of forty-eight (48) consecutive hours, or periods in excess of eight (8) consecutive hours on three (3) or more successive days. No commercial trucks, vans, tractor -trailers or trailers (any of the foregoing being herein referred to as a "Commercial Vehicle") shall be parked or left unattended on any Lot or any street in the Addition, except for the limited time period(s) during which the Owner or operator of the Commercial Vehicle is (a) making deliveries to the Declarant or a Owner (or to their respective employees, agents, representatives or contractors), or (b) performing maintenance, repairs or construction on a Lot or the Common Area for the Declarant or a Owner (or for their respective employees, agents, representatives or contractors); nor shall any Commercial Vehicle be parked or left unattended for any period of time on any portion of the Common Area. As used in this Section, the term "commercial trucks, vans, tractor -trailers or trailers" means any truck or van having a manufacturer's rated carrying capacity of one (1) ton or more, truck -tractor, tractor -trailer or trailer that is owned, leased or operated for commercial purposes and bears some indicia (whether by way of a sign, logo, color scheme or distinctive markings) that it is owned, leased or operated for commercial purposes, including any such vehicle that is owned, leased to or operated by the Owner of a Lot in the Addition. Section 8. Minimum Ceiling Heights, Permitted Roofing Materials. Any dwelling constructed. on a Lot in the Addition must have a first -floor ceiling height of not less than eight feet (81), and the upper floor of any story and one-half or two-story dwelling must have a ceiling height of not less than eight feet (8'). Only architectural grade composition shingles or comparable roofing materials approved by the Committee may be used on any dwelling or other structure constructed on any Lot in the Addition. Section 9. TemporarStructures. No structures of a temporary character, mobile home, manufactured home, trailer, tent, garage or other outbuilding or accessory building shall be used on any Lot at any time, either temporarily or permanently, other than those approved for use during the construction of a residence on the Lot or which shall be used solely for storage of personal property for personal, noncommercial use and which structures are located behind a privacy fence, are not more than 8 feet in height, are not more than 1,400 square feet in area, and cannot be seen from street level. Section 10. New Construction Only. No existing or used dwelling or other structure shall be moved onto or placed on any Lot in the Addition from another location, and all dwellings and other structures must be of new construction. No modular or mobile homes shall be located on any Lot in the Addition. The term "modular home" shall, for the purposes hereof, mean and refer to a prefabricated home Page 7 of 15 c:WsemNijohnsonlDropbozUtitt,AWindemere\S.tion Mwlaralions Section 7Lree.d— which is constructed in a number of parts of sections off the Lot and then brought upon the Lot to be assembled. Section 11. Signs. No sign of any kind shall be displayed to public view on any Lot in the Addition, except (a) one (1) sign of not more than five feet (5) square advertising a property for sale or rent or used by Declarant or a Builder to advertise the property during the construction phase or sales period or (b) signs advertising a political candidate or ballot item for an election (hereinafter referred to as "Political Signs") which comply with the following conditions; (1) The Owner of a Lot may not place any Political Signs on the Lot before the 90th day before the date of the election to which the Political Sign relates and must remove any Political Sign on or before the 10th day after that election date. (2) All political signs must be ground -mounted. (3) There shall not be more than one sign for each candidate or ballot item placed on a Lot at any time. (4) No Political Sign shall contain or be composed of roofing material, siding, paving materials, flora, one or more balloons or lights, or any other similar building, landscaping, or nonstandard decorative component or may be attached in any way to plant material, a traffic control device, a light, a trailer, a vehicle, or any other existing structure or object. (5) No Political sign,may use or include the painting of architectural surfaces. (6) No Political Sign may threaten the public health or safety. (7) No Political Sign may be larger than four feet by six feet; (8) No Political Sign shall violate any law; (9) No Political Sign may contain language, graphics, or any display that would be offensive to the ordinary person; or (10) No Political Sign may use or be accompanied by music or other sounds or by streamers or is otherwise distracting to motorists. Declarant or any property owners' association may remove a sign displayed in violation of this section without prior notice to any Owner and may assess the Owner of the Lot a fine of not more than $500 for each Political Sign that is removed from the Lot. Section 12. Oil and Mining Operations. No gas or oil drilling, gas or oil development operations, oil refining or storage, quarrying or mining operations, or like activities of any kind shall be permitted upon or in any Lot; nor shall any wells, tanks, tunnels, mineral excavations or shafts be permitted upon any Lot; nor shall any derrick or other structure or machinery designed for use in boring or drilling for gas or oil be erected, maintained or permitted on any Lot. Section 13. Antennas. No antenna or other device for the transmission or reception of "ham radio," citizen's band or short wave radio signals shall be permitted on any Lot. Except as provided below in this Section, no antenna of any type, including, but not limited to, a dish -type satellite signal receiver, Page 8 of 15 C..\UsersVlohnsm%Dmpbox\Fjtter\Windemu"ection McOuations Section Three.dacn shall be erected on any Lot until Plans for the installation and location of such antenna have been submitted to and approved by the Committee in the same manner as for the construction of a residence and other improvements on a Lot. Without the prior submission to and approval by the Committee of Plans for its installation and location, a dish -type satellite signal receiver not exceeding twenty-four inches (24") in diameter may be installed on a dwelling or other structure on a Lot, provided that it is installed at the rear of the dwelling or other structure and is not visible from the street located in front or at the side of a Lot. Except as provided in the preceding sentence of this Section, the Committee, in its absolute discretion, shall have the right to absolutely refuse the approval of the placement of any such dish -type receiver on any Lot in the addition. Section 14. Livestock Poultry and Household Pets. No animals, livestock or poultry of any kind shall be raised, bred or kept on any Lot in the Addition, except that dogs, cats and other household pets, not to exceed two (2) in number for any residence, may be kept provided (i) that they are not kept, bred or maintained for any commercial or breeding purposes, (ii) they do not become a nuisance, and (iii) they are not allowed to roam or wander unattended in the Addition. Section 15. Garbage and Refuse Disposal. No Lot shall be used or maintained as a dumping ground for rubbish, trash, refuse or other waste materials. Trash, garbage and other waste shall be kept in sanitary closed containers pending collection thereof, and garbage cans and other receptacles shall (except when placed on a private drive for regular collection purposes) be hidden or screened from public view. No Lot shall be used for the open storage of any materials whatsoever, except for materials used or to be used in the construction of improvements upon any Lot, and then only for so long as such construction progresses. Upon completion of the improvements, any remaining materials, together with all rubble, rubbish, trash and debris shall be promptly removed from such Lot. Section 16. Yard Landscapes. The front yard, side yards and rear yard of a Lot must be planted with grass and landscaped in a manner acceptable to the Committee before any dwelling constructed on the Lot may be occupied as a residence. Newly planted trees must be oaks, pines, elms, sycamores or other similar native shade tree species or such other shade tree species (whether or not native to the area) as shall be approved, from time to time, by the Committee. Section 17. No Construction on Less Than a Platted Lot. No dwelling shall be constructed on a building site consisting of less than one (1) platted Lot. Nothing contained herein shall prohibit the construction of a dwelling on a building site consisting of more than one (1) full platted Lot, such as a building site consisting of two (2) platted Lots or one (1) platted Lot and a portion of an adjacent platted Lot, provided that, in the case of a "lot split" any replatting required by the City of Beaumont Subdivision Regulations is accomplished prior to commencement of construction on the composite building site. Any such composite building site, if same meets all of the foregoing requirements, shall be deemed to constitute a "Lot" under the terms and provisions of this Declaration. If a Lot is split, it must be combined with another Lot that has not been split before a dwelling may be constructed thereon. Section 18. Exterior Christmas Lights. No exterior Christmas lights or Christmas decorations shall be erected, placed, installed or displayed on any Lot in the Addition between February 1 and October 31 of any calendar year. The Committee in its sole discretion shall determine whether exterior lights or decorations constitute "Christmas lights" or "Christmas decorations". Section 19. Garage Door Openers. Any garage located on any Lot in the Addition having an entrance facing a street must be enclosed on all sides and must be equipped with an electronic automatic Page 9 of 15 C:\UsersUlohnsonNDropboxWtlerlW indemerelSwtion 3�Declera�ians Sccdon Three.daez garage door opener. Each Owner required to install such a garage door opener shall maintain, repair and (as needed) replace same so that the garage door opener is at all times in good working order and repair. Section 20. Minimum Setback Lines. No dwelling structure, including attached or detached garage or other accessory building, shall be located nearer to the front Lot line than the building setback line shown on the recorded Plat or Plats of the Addition. No dwelling structure, including attached or detached garage or other accessory building, shall be located nearer to a side Lot line than five feet (5'). No dwelling structure, including any attached or detached garage or other accessory building, shall be located nearer than sixteen feet (16') to the rear line of any Lot, provided that a one-story unattached garage (a) is located to the rear yard or as close to the rear yard as existing utility easements will permit, (b) does not cover more than sixty percent (60%) of the rear yard, and (c) does not exceed twenty feet (20') in height. The Committee shall determine in which direction a dwelling shall face on a Lot. Section 21. Minimum Square-Footages. No dwelling shall be permitted on any Lot in which the living floor area (inclusive of enclosed utility and storage rooms, but exclusive of garages and open porches, patios or courtyards) is less than one thousand four hundred (1400) square feet; nor shall any story and one-half, two-story or two -and -one-half story dwelling be permitted on any Lot in which such living floor area of the first or ground floor is less than eight hundred (800) square feet. Section 22. Fences Walls, Etc. No fence, wall, hedge, structure or other improvements (including, without limitation, a swimming pool, tennis court or other recreational facility) shall be constructed, erected, placed, altered or permitted on any Lot except as approved by the Committee in accordance with the earlier provisions of this Declaration. No privacy fence or like screening device shall be located nearer to the front Lot line than the front of the dwelling, nor, if on a corner Lot, shall any privacy fence or like screening device be located nearer to the street -side Lot line than the side of the dwelling. No hedge, tree or other planting shall be permitted on any comer Lot which obstructs lines of sight at elevations of between two feet (2') and six feet (6') above the adjacent private drives within the triangular area formed by the street -side property lines of the Lot and a line connecting them at points twenty-five feet (25') from the intersection of the street -side property lines of such Lot. No tree shall be permitted to remain within such triangular area unless the foliage line is maintained at sufficient height to prevent obstruction of such lines of sight. Section 23. Utility Service and Meters; Mechanical Equipment Screeninjz. All utility service lines between meter points and dedicated utility easements shall be underground (all service from the primary source/service to the structure will be underground). The owner of each structure shall be responsible for installing and maintaining such underground utility services. Air conditioning compressors and other external mechanical equipment must be screened from view from the private drives in the Addition in a manner acceptable to the Committee. Section 24. Conflict Between Ordinances and Restrictions. In the event of any conflict between the restrictions contained in this Declaration and any ordinances, laws, riles or regulations of municipal or other governmental authorities having jurisdiction over the Addition or the construction of improvements therein, then such ordinances, laws, rules and regulations shall control; except, however, that if the restrictions contained herein are in any respect more restrictive than such ordinances, laws, rules or regulations, then the restrictions contained herein shall control. Page 10 of 15 C:SUsersVlohnsonlDrophozVtitterlWindemerelSection 3\Dec1eretions S-Ik-Thra,docx ARTICLE VII - ENFORCEMENT OF COVENANTS Section 1. Enforcement. In the event of any violation or breach, or attempted violation or breach, of any of the terms or provisions of this Declaration, Declarant or any Owner shall be authorized to enforce the terms, covenants and restrictions hereof by any proceedings at law or in equity against the person(s) violating or breaching, or attempting to violate or breach, the same, including actions for prohibitive or mandatory injunctive relief, and it shall not be a prerequisite to the granting of any such injunctive relief that there be any showing that irreparable damage or harm will result if such injunctive relief is not granted. Additionally, any person or entity entitled to enforce the terms, covenants or restrictions of this Declaration may recover such damages, both actual and punitive, as such party may show that he or it is entitled by reason of any such violation or breach. In any action for enforcement of the terms, covenants or restrictions hereof, whether for injunctive relief or damages, if the party prosecuting such action is successful, he or it shall be entitled to recover, in addition to any damages awarded, reasonable attorney's fees and all costs of court. Section 2. Forbearance Not a Waiver. The forbearance of enforcement of any restriction herein contained for any violation or proposed or attempted violation of any restriction herein contained shall not constitute a waiver of the right of Declarant or any Owner to thereafter enforce such restriction as to any subsequent violation or proposed or attempted violation. Section 3. Time for Enforcement. Any action for the enforcement of the restrictions or other covenants contained herein shall be commenced within one (1) year after such violation, or attempted violation, began or first occurred, and not thereafter. ARTICLE VIII - TERMS AND AMENDMENT OF COVENANTS Section 1. Term of Covenants. The covenants and restrictions contained in this Declaration shall be binding for a period of twenty (20) years from the date of this Declaration. Upon the expiration of such twenty (20) year period, such covenants and restrictions shall be automatically extended for successive periods of ten (10) years each. Section 2. Amendment or Termination of Covenants. This Declaration may be amended, or the covenants and restrictions herein contained may be terminated, in whole or in part as follows: (a) During the initial twenty (20) year period, any such amendment or termination shall be effected only by a written instrument signed by the Owners of not less than eighty percent (80%) of the Lots in the Addition and duly recorded in the office of the County Clerk of Jefferson County, Texas. (b) At any time after the initial twenty (20) year period, any such amendment or termination shall be effected only by a written instrument signed by the Owners of not less than seventy-five percent (75%) of the Lots in the Addition and duly recorded in the office of the County Clerk of Jefferson County, Texas. For the purposes of calculating the foregoing respective percentages of Lots in the Addition, there shall be taken into account not only the Lots initially included in this Declaration, but also any additional Lots brought within the scheme of this Declaration and within the jurisdiction of the Owners pursuant to the provisions of Article II of this Declaration. Page 11 of 15 C:\UsersUJohnsonUhopboxUUtteAWindemere\Section 30=moons Section Thr"Anex ARTICLE IX — SEVERABILITY Section 1. Severability. In the event that any provision of this Declaration, or any portion thereof, shall be held to be invalid or unenforceable by judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect, invalidate or impair any other provision, or part of a provision, hereof, and all remaining provisions, or parts of provisions, shall remain valid and in full force and effect m accordance herewith. EXECUTED this day of 1 t4— , 2015. WINDEMERE DEVELOPMENT COMPANY, a Texas Joint Venture By: Windemere Properties, Ltd., Venture Manager By: Windemere GP Managers, L.L.C. Its: General Far ner By: N �ames P. Ritter, J . s• anager WINDCASTLE DEVELOPMENT, LLC a Texas limited liabi ty c pany. .t / By: Na e ames P. Ritter, J Its. anager Page 12 of 15 C:\Usemu3ohnson\DrophoxWtter\Windem=dS=tion 3\Dec1md0n3 Swim 7Lrmdoex THE STATE OF TEXAS COUNTY OF JEFFERSON BEFORE ME, the undersigned authority, on this day personally appeared James P. Ritter, Jr., Manager of Windemere GP Managers, L.L.C., general partner of Windemere Properties, Ltd., a Texas limited partnership, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed, in the capacities therein stated, as the act and deed of such entities. $ SEAL OF OFFICE on this _L_ day of� C�2015. t U*OF ¢Y ¢& MOLLY MALLET i t NotaryPublic. State Of Texasl MyCommis+on Expires 8 Notary Publi tate of Texast 05-98-2016 THE STATE OF TEXAS § COUNTY OF JEFFERSON § BEFORE ME, the undersigned authority, on this day personally appeared James P. Ritter, Jr., Manager of WINDCASTLE DEVELOPMENT, LLC, a Texas limited liability company, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that she executed the same for the purposes and consideration therein expressed, in the capacities therein stated, as the act and deed of such entity. GIVEN UNDER MY HAND AND SEAL OF OFFICE on this ) day of7>eGe99,-, 2015. MOLLY MALLET t Notary Public, State OfTexasI Notary Publ' , State of Texas Q'FOFt��o- My Commission Expires I 05.18-2016 ®3 �.� sol +ad .ae aal.Rs sas � � rw w w smr.ea ran -v w> After recording, return to: Windcastle Development, LLC Attn: Jim Ritter P O Box 1265 Nederland, TX 77627 Page 13 of 15 C:\UsmOilohnsoo\Dropbon\Ritter\Wind—m .\S.tinn AD-1—tion. Section Th—.dm Exhibit "A" Property Description That certain 8.255 acre tract out of the Daniel Easley Survey, Abstract 20, Jefferson County, Texas, and being out of a called 140.290 acre tract conveyed to Windemere Development Company as recorded in Volume 2047 page 137 of the Deed Records of Jefferson County, Texas, said 8.255 acre is more particularly described by metes and bounds as follows: Note: Bearings are based on the east line of Windemere Subdivision, Section Two, a plat recorded in Clerks File No. 2006009114 of the Official Public Records of Jefferson County, Texas, having been called North 00°51'29" West 288.00 feet. BEGINNING at a capped iron rod found in the south line of a called 3.647 acre tract (Ditch 1004 -Al -Tract 2- Exhibit B) conveyed to Jefferson County Drainage District No. 6 as recorded in Clerks File No. 2008011123 of the Official Public Records of Jefferson County, Texas for the northeast corner of said Windemere Subdivision, Section Two and the northwest corner of the said 8.255 acre tract; THENCE North 89°10'06" East along the said south line of the said 3.647 acre tract and the north line of the said 8.255 acre tract a distance of 522.78 feet (called North 89°07'45" East) to a '/2" capped iron rod set for an interior corner of the said 3.647 acre tract and the northeast corner of the said 8.255 acre tract; THENCE South 45°47'30" East along a southwesterly line of the said 3.647 acre tract and a northeasterly line of the said 8.255 acre tract a distance of 49.59 feet (called South 45°48'58" East 49.45 feet) to a '/2" capped iron rod set for an interior corner of the said 3.647 acre tract and an exterior corner of the said 8.255 acre tract; THENCE South 00°44'28" East along a west line of the said 3.647 acre tract and the east line of the said 8.255 acre tract a distance of 508.76 feet (called South 00°45'40" East) to a %2" iron rod set for an angle point; THENCE South 00°42'36" East continuing along the said west line of the 3.647 acre tract and the said east line of the 8.255 acre tract a distance of 400.04 feet (called South 00145'40" East) to a 1/2" iron rod set in the north line of a called 19.47 acre tract conveyed to Beaumont Community Church (dba Beaumont Bible Church) as recorded in Clerks File No. 2004004981 of the Official Public Records of Jefferson County, Texas for the most southerly southwest corner of the said 3.647 acre tract and the southeast corner of the said 8.255 acre tract; THENCE South 89°16'50" West along the said north line of the 19.47 acre tract and the south line of the said 8.255 acre tract a distance of 268.85 feet (called South 89°16'00" West) to a 1/2" capped iron rod set for the southwest corner of the said 8.255 acre tract; THENCE North 00051'29" West along a west line of the said 8.255 acre tract a distance of 114.43 feet to a'/2" capped iron rod set for an interior corner of the said 8.255 acre tract; THENCE South 89°08'31" West along a south line of the said 8.255 acre tract a distance of 16.76 feet to a'/2" capped iron rod set for an exterior corner of the said 8.255 acre tract; Page 14 of 15 G\UseraVlohnson\DropboslRilterkVAndemere\Swtion ADeclarations Swllan Tnree.dwx THENCE along the westerly line of the said 8.255 acre tract with the following courses and distances; North 00°51'29" West a distance of 328.27 feet to a 1/z" capped iron rod set for an angle point; North 22'17'02" West a distance of 126.21 feet to a '/i" capped iron rod set for an angle point North 53°16'41" West a distance of 121.68 feet to a'/z" capped iron rod set for an angle point; North 79°03'14" West a distance of 103.10 feet to a %Z' capped iron rod set for an angle point; South 89°08`31" West a distance of 26.66 feet to a W' capped iron rod found for the southeast comer of said Windemere Subdivision, Section Two and the most westerly southwest corner of the said 8.255 acre tract; THENCE North 00051'29" West along the east line of said Windemere Subdivision, Section Two and the west line of the said 8.255 acre tract a distance of 288.00 feet (called North 00051129" West 288.00 feet) to the POINT OF BEGINNING, and containing 8.255 acres of land, more or less. The above described real property now having been platted and being the same real property described as Lots Numbered Seventeen through Thirty (17 - 30), Block Number Eight (8); Lots Numbered Sixteen through Twenty-five (16-25), Block Number Nine (9); and Lot One and Lot Two and Common Area (1, 2, common area), Block Number Ten (10) of WINDEMERE SUBDIVISION, SECTION THREE, an addition to the City of Beaumont, Jefferson County, Texas, as the same appears upon the map or plat thereof, on file .and of record under County Clerk's File No. 2015023510, Official Public Records of Jefferson County, Texas. Page 15 of 15 cw�vru„mw,ya,�v�rua�vr�am�rm soea.�am: scum tem:am< Preliminary Plat- Windemere Subdivision Section Four: Request for preliminary plat approval of Windemere Subdivision, Section Four, Lot 25, Block 9, Lots 3-15, Block 10 and Lots 1-3 & 11-16, Block 11, Beaumont, Jefferson County, Texas. Applicant: Bernardino Tristan, P.E. for Fittz & Shipman, Inc. Location: 7755-7875 Windcastle Drive and 6220-6240 Windcrest Drive 100 200 1 1 1 I Feet DATE: June 15, 2020 TO: Planning Commission FROM: Chris Boone, Director of Planning and Community Development SUBJECT: To consider a request for approval of a Replat of Lots 1-5 into Lots IA, 2A & 3A, Block 1, Marmion Addition, Beaumont, Jefferson County, Texas. FILE: Replat - Marmion Addition, Lots 1-5, Block 1 STAFF REPORT Dianne Minix -Marks has requested approval of a Replat of Lots 1-5 into Lots 1A, 2A & 3A, Block 1, Marmion Addition, Beaumont, Jefferson County, Texas. The plat is intended to correct several encroachments. The location of the subject property is 1790, 1840 & 1830 May Street. Both 1790 and 1840 May Street were constructed encroaching onto neighboring properties. In order to correct the existing encroachments and not create new setback encroachments, the lot lines could not be left perpendicular to the front property line. In addition, the resulting lots do not all meet the minimum lot width requirements. The lot size and lot depth are adequate for residential lots. The applicant is requesting a waiver to the lot width for Lot 3A, the average width of the lot is 39.5' as opposed to the required 50'. The Planning Staff recommends approval of the waiver and the request. Exhibits are attached. PUBLIC NOTIFICATION Notices mailed to property owners 25 Responses in Favor . Responses in Opposition GENERAL INFORMATION/PUBLIC UTILITIES APPLICANT: Dianne Minx -Marks PROPERTY OWNER: Enous Minix & Juua Frances Estate, Donald Williams & Nellie Ruth Doty LOCATION: 1790, 1840 & 1830 May Street EXISTING ZONING: RM -H (Residential Multiple – Family Dwelling – Highest Density) PROPERTY SIZE: 0.75 acres, more or less EXISTING LAND USES: Residential FLOOD HAZARD ZONE: "X" - Areas determined to be outside 500 -year floodplain SURROUNDING LAND USES: SURROUNDING ZONING: NORTH: Residential RM -H (Residential Multiple – Family Dwelling – Highest Density) EAST: Residential RM -H SOUTH: Residential RM -H WEST: Residential RM -H COMPREHENSIVE PLAN: Conservation and Revitalization STREETS: Mgy Street Local Street with 40' right-of-way and a 16' pavement width. SP Road– Local Street with 40' right-of-way and a 18' pavement width. DRAINAGE: Open ditch WATER: City of Beaumont -6" water line SANITARY SEWER SERVICE: City of Beaumont -8" sewer line PROPERTY OWNERS NOTIFIED WITHIN 200', WITHIN SUBDIVISION 3 SIXTY-FIVE ENTERPRISES LLC ALEXANDER FREDDIE R SR BENJAMIN TOM CALLOWAY NICOLE DAVIS CELESTINE ROBERT DOTY NELLIE RUTH DURAL ADOLPH GILBERT JUDY PATIN GILLIAM CHRISTINA GUILLORY FLOYD J HARRISON ERICK JOHNSON MAUDRIA ESTATE MINIX ENOUS MINIX ENOUS & JULIA FRANCES ESTATE NAHODYL KAREN ROBINSON F B JR RUSSELL CLARENCE IV SOUTHEAST TEXAS COMMUNITY STELLY RAYMOND ET UX STELLY RAYMOND JR & LISA FAY WILLIAMS DONALD L WILLIAMS DORIS M (LIFE ESTATE) BEAUMONT SUBDIVISION APPLICATION ❑ Preliminary Plat ❑ Amended Plat Planning & Community Development ❑ Final Plat 9 Replat ❑ Minor Plat ❑ Vacate Plat Property Information s,hdw�'stan� m. . Addmsa/location Gvt1 i�IZfV to is ADDu rj li I 'I q 0 fViAN S-MEE LOTS I aiaa�ar. i3 �c� e, rc CofAvs: 9 lois: 3 golunih: Applicant Information Name: company: M.Tmg Address: Lily: state: zip: Phaae:aT 411, q -fj It.3-,445 rman: bi'VfA —A k—) PA I Sb. 0 I G, Owner information .."M &eUSk' 9"UtlA F.AMMS Es-AF�Y M.1 ing addmss: MY: State: zip. Ph— bn.il: Ownerssignature Date 6 a t G i— L4—apt - 0 Applicantsignahre Date Applicant City Checklist of items required on PLAT to be filed: check ✓) Check (-/) 1. Title or name of plat, meridian north point, scale of map and vicinity map. 2. Definite legal description and identification of the tract being subdivided. 3. All block, lot and street boundary lines referenced to Texas State Plane Coordinate System. 4. Building Lines and easements. S. Actual width of all streets, measured at right angles or radially, where curved, shown on map 6. All necessary dimensions accurately displayed 7. Names of all streets and adjoining subdivisions shown on map 8. Benchmark elevations on map 9. Flood zones, boundaries and elevations shown on map 10. Addresses clearly displayed 11. Certificate of ownership signed, stamped and notarized 12. Certificates of approval from City and County shown on map 13. All legal restrictions and regulations placed on the approval of plat shown clearly on map Checklist of items required on Preliminary Plat map: 1. Title or name of plat, meridian north point, vicinity map and name and signature of owner. 2. Written evidence of ownership. 3. Scale of map shown on map, map to be drawn on a scale of one hundred (100) feet to inch or larger. 4. Location of existing blocks, lots, alleys, easements, building lines, natural features and buildings. 5. Existing and proposed streets with street names. 6. Plan of subdivision with blocks, lots, alleys, easements, building lines, parks, dimensions and addresses. 7. Location of existing and proposed sewers, water, gas mains, as well as storm and drainage easements. 8. Topography if the surface is markedly uneven. 9. Boundaries and elevations of all areas located in the flood hazard. 10. Location of all existing pipeline easements with size, type of product and pressure. 11. Name of registered surveyor/engineer responsible for preparing the plat. 12. List of all restrictive covenants, conditions, and limitations to govern property being subdivided. �g p Initlal $~ Z.t lLUiO slgnat as ofrespomihle rmOneer%surveyor Data Planning Application Acceptance: slgnatum Daft Revised 11/19 PLANNNING 8; GCiNIMUNITY DEVELOPIMENT T 409.880.3100 F 409.880.3133 PO Box 3827 1 Beaumont, TX BEAUMONT Planning & Community Development oaerty Information SUBDIVISION APPLICATION ❑ Preliminary Plat ❑ Amended Plat ❑ Final Plat 'k� Repiat ❑ Minor Plat ❑ Vacate Plat So6div' �en Nsme �� Add—/L—do. 91 9,h ,iqw v�iTl� 1,93L A i �T ",i: all: L15 P)I i'�;-0e' � I ad Rues: g of Lou: Ref Unitc: alicant Information Mme: p II cemPaoy: N.Wng4a226 �12ili�n�2 gym: -771v� a � � 'v1j's4 �P� � I P.eu� Phase: Email: . Owner Information Applicant Signature date Applicant city Checklist of items required on PLAT to be filed: check (V) CheckV) 1. Title or name of plat meridian north point scale of map and vicinity map. 2. Definite legal description and identification of the tract being subdivided. 3. All block, lot and street boundary lines referenced to Texas State Plane Coordinate System. 4. Building Lines and easements. 5. Actual width of all streets, measured at right angles or radially, where curved, shown on map V. 6. All necessary dimensions accurately displayed 7. Names of all streets and adjoining subdivisions shown on map 8. Benchmark elevations on map 9. Flood zones, boundaries and elevations shown on map i0. Addresses clearly displayed 11. Certificate of ownership signed, stamped and notarized 12. Certificates of approval from City and County shown on map 13. All legal restrictions and regulations placed on the approval of plat shown clearly on map Checklist of items required on Preliminary Plat map: 1. Title or name of plat, meridian north point, vicinity map and name and signature of owner. 2. Written evidence of ownership. 3. Scale of map shown on map, map to be drawn on a scale of one hundred (100) feet to inch or larger. 4. Location of existing blocks, lots, alleys, easements, building lines, natural features and buildings. 5. Existing and proposed streets with street names. 6. Plan of subdivision with blocks, lots, alleys, easements, building lines, parks, dimensions and addresses. 7. Location of existing and proposed sewers, water, gas mains, as well as storm and drainage easements. 8. Topography if the surface is markedly uneven. 9. Boundaries and elevations of all areas located in the flood hazard. 10. Location of all existing pipeline easements with size, type of product and pressure. 11. Name of registered surveyor/engineer responsible for preparing the plat 12. List of all restrictive covenants, conditions, and limitations to govern property being subdivided. I nm Inm.f 7 /� 7 ofrespuW6k f�Dneer/s:wem. Here Planning Application Acceptance: simatum Revised 11/19 PLANNING & COMMUNITY DEVELOPMENT T 409.880.3100 F 409.880.3133 PO Box 38271 Beaumont, TX BEAUMONT Planning & Community Development lerty Information SUBDIVISION APPLICATION ❑ Preliminary Plat ❑ Amended Plat ❑ Final Plat X Replat 0 Minor Plat ❑ Vacate Plat Su6&,idon N.me I s Address/I—Wan ioij 'Tl 1$ MA SW -EF Tr i a4•l: IM(s : Lo -r { Blow.): •.J L V CAC R.fAve.. loflrrRs: Sofunits: int Information Nsme: t r company: �t I/ 9u _ �A'pjp ]M i►/!s� .. lif 1 k--% `, �T j�� f/ J p Mai7mg Atlwa?-5 WAVEI.L -Le `. PC L�A 0 /1-n ft/4- State: 1 1 4411 Phone: Emeil: oq--13�-aa5�tqo4-84.3-445_ 9L MALKS (§�PAI Gb,0P-6 Information Nsme: ' Cnm p.nr. iVELUE kLtTA. b0TV Melling dresq —1 Gty: State;_ lip: �� Ph—: 6nan: owneralgnawre Applltant Sfgnatum Date Date Applicant City Checklist of items required on PLAT to be filed: check (V) Check (-/) 1. Title or name of plat meridian north point scale of map and vicinity map. 2. Definite legal description and identification of the tract being subdivided. 3. All block, lot and street boundary lines referenced to Texas State Plane Coordinate System. 4. Building Lines and easements. S. Actual width of all streets, measured at right angles or radially, where curved, shown on map 6. All necessary dimensions accurately displayed V. 7. Names of all streets and adjoining subdivisions shown on map 8. Benchmark elevations on map 9. Flood zones, boundaries and elevations shown on map 10. Addresses clearly displayed 11. Certificate of ownership signed, stamped and notarized 12. Certificates of approval from City and County shown on map 13. All legal restrictions and regulations placed on the approval of plat shown clearly on map Checklist of items required on Preliminary Plat map: 1. Title or name of plat, meridian north point, vicinity map and name and signature of owner. 2. Written evidence ofownership. 3. Scale of map shown on map, map to be drawn on a scale of one hundred (100) feet to inch or larger. 4. Location of existing blocks, lots, alleys, easements, building lines, natural features and buildings. 5. Existing and proposed streets with street names. 6. Plan of subdivision with blocks, lots, alleys, easements, building lines, parks, dimensions and addresses. 7. Location of existing and proposed sewers, water, gas mains, as well as storm and drainage easements. 8. Topography if the surface is markedly uneven. 9. Boundaries and elevations of all areas located in the flood hazard. 10. Location of all existing pipeline easements with size, type of product and pressure. 11. Name of registered surveyor/engineer responsible for preparing the plat. 12. List of all restrictive covenants, conditions, and limitations to govern property being subdivided. Illvt Initlel InIn 1 Sgnamre vire ansibL=Engineer/Su eyar D.? Planning Application Acceptance: Signature Date Revised 11/19 PLANNING & COMMUNITY DEVELOPMENT T 409.880.3100 F 409.880.3133 PO Box 38271 Beaumont, TX FAUST Engineering and Surveying, Inc. Professional Engineers and Professional Surveyors Telephone (409) 813-3410 E-MAIL ADDRESS INFO@FAUSTENG.COM Fax (409) 813-3484 5550 Eastex Fwy., Ste. O Beaumont, Texas 77708 Surveying Firm Registration No. 300024-00 Engineering Firm Registration No. 4800 February 19, 2020 City of Beaumont Planning and Zoning 801 Main Street Beaumont, Texas 77701 To Whom It May Concern: Re: Replat of Lots 1-5, Block 1, Marmion Addition Into Lots 1A, 2A, and 3A, Block 1, Marmion Addition Attached for your consideration is a replat of Lots 1-5, Block 1, of Marmion Addition into Lot 1A, Lot 2A, and Lot 3A, Block 1, of Marmion Addition. The purpose of this replat is to adjust the property lines between 3 residences, so that the residences will each be located on one of the three lots shown. Each lot will be compliant with the current side setback line requirements of the City of Beaumont (the front setback line being grandfathered in). The acceptance of this replat will require a variance due to insufficient frontage of Lot 3A onto May Street. Having met all other requirements for a replat, we request that the plat be sent to the Planning Commission for consideration. Per your requirements, we have attached the following items: 1) 2 copies of said replat (1 signed for filing) 2) CD containing a working CAD file and PDF of the replat 3) Checks to cover applicable city and county fees 4) Tax certificates Thank you for your assistance in this matter. If you have any questions, I can be reached by telephone at 409-813-3410. For the Firm, (i� rn'J-d- Richard F. Faust, P.E. Registered Professional Land Surveyor No. 4782 190529 City of Beaumont 02-19-2020 Q w lq 3f R O O Off' N O Y a � � � a wR ,gV.D*l M,9SO410N 'welt moo Wk xt a q ago c o At n%rs,» o N g IT H I� z� 019 9 R w I q 3 3 F� 19 %i E11 T too J h 4 6 oati. a 1 �N< 2 �ym< ia n t no Z j j r l I gal u PEI 41 1 1 IM 0 H11 I W:a �g eplat- Marmion Addition, Lots 1-5, Block 1: Request for a Replat of Lots 1-5 into Lots A,, 2A & 3A, Block 1, Marmion Addition, Beaumont, Jefferson County, Texas. pplicant: Dianne Minix -Marks ocation: 1790. 1840 & 1830 May Street 0 100 200 300 400 1 1 1 1 1 1 Feet DATE: June 15, 2020 TO: Planning Commission FROM: Chris Boone, Director of Planning and Community Development SUBJECT: To consider a request for approval of a Replat of Lots 1 & 2 into Lot 1A, Block 2, Westhaven Terrace, Beaumont, Jefferson County, Texas. FILE: Replat — Westhaven Terrace, Lots 1 & 2, Block 2 STAFF REPORT Richard Faust of Faust Engineering and Surveying, Inc., has requested approval of a Replat of Lots 1. & 2 into Lot 1A, Block 2, Westhaven Terrace, Beaumont, Jefferson County, Texas. The intention of the plat is to combine the two (2) lots. Mr. & Mrs. Johnson would like to place an accessory structure on the lot they own adjacent to their house. Per the Zoning Ordinance, Special Conditions Sec.28.04.008(b)(8) When a property owner owns two adjacent lots and wishes to erect an accessory building on the lot that does not contain the main building, the accessory building .must straddle the adjoining lot line. There is no room for the new accessory structure to straddle the adjoining lot line to the Johnson's home. This replat will allow an accessory structure to be located on the same lot with their home. The Planning Staff recommends approval of the request. Exhibits are attached. PUBLIC NOTIFICATION Notices mailed to property owners 14 Responses in Favor Responses in Opposition GENERAL INFORMATION/PUBLIC UTILITIES APPLICANT: Richard Faust of Faust Engineering and Surveying, Inc. PROPERTY OWNER: Etoy & Deirhon Johnson LOCATION: 4070 Neumann Lane EXISTING ZONING: PROPERTY SIZE: EXISTING LAND USES: FLOOD HAZARD ZONE: SURROUNDING LAND USES: NORTH: Residential EAST: Residential SOUTH: Residential WEST: Residential COMPREHENSIVE PLAN: STREETS: DRAINAGE: WATER: SANITARY SEWER SERVICE: RS (Residential Single -Family Dwelling) 0.38 acres, more or less Residential "X" - Areas determined to be outside 500 -year floodplain SURROUNDING ZONING: RM -H (Residential Multiple – Family Dwelling – Highest Density) RS (Residential Single -Family Dwelling) RS RS Neighborhood Growth Unit Neumann Lane– Local Street with 50' right-of-way and a 26' pavement width. Curb and gutter City of Beaumont -6" water line City of Beaumont -8" sewer line PROPERTY OWNERS NOTIFIED WITHIN 200', WITHIN SUBDIVISION POLLARD MARY A SONN LOUIS JR & PAULA DUONG KEN JOHNSON DEIRHON & ETOY BLOODSWORTH JAMES T WEBB DENNIS G TU TONY A & PARAMOUNT DESIGN & DEVELOPMENT LLC THOUSAND JODY MARQUARDT CALDWELL STEVEN BRENT WILLIAMS PHILLIP & LATRICIA MOORE ARIANE EAGLETON DEMARCUS R & NACOBIE S E UM NT ;4annfrrg & E gmmtin'rl jy evev +fct minx Property Information SUBDIVISION APPLICATION ❑ Preliminary Plat ❑ Amended Plat ❑ Final Plat ■ Replat ❑ Minor Plat ❑ Vacate Plat S.W Wsion Name Address / Inntlan Replat of Lot 1 and Lot 2, Block 2 of Westhaven Terrace 4070 and 4090 Neumann Lane, Beaumont, Texas 77713 Let(,): genal.p Lot 1A 2 # of Acres: # of Lou: # of units: 0.38 1 _ Applicant Information Name: Companyt Richard Faust Faust Engineering and Surveying, Inc. Malling Address: City: State: Zip: 5550 Eastex Freeway, Suite O Beaumont Texas 77708 Phone: Email: (409) 813-3410 info@fausteng.com Owner Information Nem.: Company: Etoy Johnson Owner Maillog Address: City: 4070 Neumann Lane, Beaumont Phon.: Email: (409)-983-2674 _ owns at Appllcam ignalure state:Zip: Texas 77713 �a f � •a`Ua� Date 5.ar.01Ld Date Applicant City Checklist of items required on PLAT to be filed: check (-/) Check (v) 1. Title or name of plat, meridian north point, scale of map and vicinity map. 2. Definite legal description and identification of the tract being subdivided. 3. All block, lot and street boundary lines referenced to Texas State Plane Coordinate System. 4. Building Lines and easements. 5. Actual width of all streets, measured at right angles or radially, where curved, shown on map 6. All necessary dimensions accurately displayed 7. Names of all streets and adjoining subdivisions shown on map 8. Benchmark elevations on map 9. Flood zones, boundaries and elevations shown on map 10. Addresses clearly displayed 11. Description and location of permanent survey reference monuments for full subdivision plats 12. Certificate of ownership signed, stamped and notarized 13. Certificates of approval from City and County shown on map 14. AHI legal restrictions and regulations placed on the approval of plat shown clearly on map Checklist of items required on Preliminary Plat map: 1. Title or name of plat, meridian north point, vicinity map and name and signature of owner. 2. Written evidence of ownership. 3. Scale of map shown on map, map to be drawn on a scale of one hundred (100) feet to inch or larger. 4. Location of existing blocks, lots, alleys, easements, building lines, natural features and buildings. 5. Existing and proposed streets with street names. 6. Plan of subdivision with blocks, lots, alleys, easements, building lines, parks and dimensions. 7. Location of existing and proposed sewers, water, gas mains, as well as storm and drainage easements. 8. Topography if the surface is markedly uneven. 9. Boundaries and elevations of all areas located in the flood hazard. 10. Location of all existing pipeline easements with size, type of product and pressure. 11. Name of registered surveyor/engineer responsible for preparing the plat. 12. List of all restrictive covenants, conditions, and limitations to govern property being subdivided. miri nDL t Signature fresponeibi Engi eer/Surveyor Date Application Acce ance: •Signature Date PLANNING & COMMUNITY DEVELOPMENT T 409.880.3100 F 409.880.3133 PO Box 3827 1 Beaumont, Tx EST Ilenniny &Commun')ty o%eyekwment: Property Information SUBDIVISION APPLICATION ❑ Preliminary Plat ❑ Amended Plat ❑ Final Plat ■ Replat ❑ Minor Plat ❑ Vacate Plat IubdNislon Name Address J Location ieplat of Lot 1 and Lot 2, Block 2 of Westhaven Terrace 4070 and 4090 Neumann Lane, Beaumont, Texas 77713 ot(s(: 111-k(s): Lot 1A 2 1 of Acres: g of Lots: g of Units: ).38 1 Applicant Information I.— Company: Richard Faust Faust Engineering and Surveying, Inc. 4a111ng Address: City: State: Zip: 5550 Eastex Freeway, Suite O Beaumont Texas 77708 hone: Emu: (409) 813-3410 info@fausteng.com Owner Information Name: Company: Deirhon Johnson Owner Mailing Address: City: state: Zip: 4070 Neumann Lane, Beaumont Texas 77713 Phone: Eman: (409)-983- 4 A In M Data 5.;Z/20 ppliantsig..ture Data Applicant City Checklist of items required on PLAT to be filed: check (✓) Check(✓) 1. Title or name of plat, meridian north point, scale of map and vicinity map. 2. Definite legal description and identification of the tract being subdivided. 3. All block, lot and street boundary lines referenced to Texas State Plane Coordinate System. 4. Building Lines and easements. 5. Actual width of all streets, measured at right angles or radially, where curved, shown on map 6. All necessary dimensions accurately displayed 7. Names of all streets and adjoining subdivisions shown on map 8. Benchmark elevations on map 9. Flood zones, boundaries and elevations shown on map 10. Addresses clearly displayed 11. Description and location of permanent survey reference monuments for full subdivision plats 12. Certificate of ownership signed, stamped and notarized 13. Certificates of approval from City and County shown on map 14. All legal restrictions and regulations placed on the approval of plat shown clearly on map Checklist of items required on Preliminary Plat map: 1. Title or name of plat, meridian north point, vicinity map and name and signature of owner. 2. Written evidence of ownership. 3. Scale of map shown on map, map to be drawn on a scale of one hundred (100) feet to inch or larger. 4. Location of existing blocks, lots, alleys, easements, building lines, natural features and buildings. 5. Existing and proposed streets with street names. 6. Plan of subdivision with blocks, lots, alleys, easements, building lines, parks and dimensions. 7. Location of existing and proposed sewers, water, gas mains, as well as storm and drainage easements. 8. Topography if the surface is markedly uneven. 9. Boundaries and elevations of all areas located in the flood hazard. 10. Location of all existing pipeline easements with size, type of product and pressure. 11. Name of registered surveyor/engineer responsible for preparing the plat. 12. List of all restrictive covenants, conditions, and limitations to govern property being subdivided. Application �. a/. aLo Date Date PLANNING S. COMMUNITY DEVELOPMENT T 409.880.3100 F 409.880.3133 PO Box 3827 1 Beaumont, TX FAUST Engineering and Surveying, Inc. Professional Engineers and Professional Surveyors E-MAIL ADDRESS INFO@FAUSTENG.COM 5550 Eastex Fwy., Ste. O Beaumont, Texas 77708 Surveying Firm Registration No. 100024-00 Engineering Firm Registration No. 4800 May 21, 2020 City of Beaumont Planning and Zoning 801 Main Street Beaumont, Texas 77701 To Whom It May Concern: Re: Replat of Lot 1 and Lot 2, Block 2 of Westhaven Terrace Telephone (409) 813-3410 Fax (409) 813-3484 Attached for consideration is a replat of Lot 1 and Lot 2, Block 2 of Westhaven Terrace (Vol. 12, Page 20 J.C.M.R.) into Lot 1A, Block 2 of Westhaven Terrace. The purpose of this plat is to join Lot 1 and Lot 2 into one lot. Having met all other requirements for a replat, we request that the plat be sent to the Planning Commission for consideration. Per your requirements, we have attached the following items: 1) 2 Copies of said Replat (1 Signed for Filing) 2) CD containing a working CAD file and PDF of the replat. 3) Checks to cover applicable city and county fees. 4) Tax Certificates. Thank you for your assistance in this matter. If you have any questions, I can be reached by telephone at 409-813-3410. For the Firm, 024d— Richard F. Faust, P.E. Registered Professional Land Surveyor No. 4782 Registered Professioinal Enginner No. 58169 N< All r§;a 0 �a goNESE PNO APARWDVM H Cf. W. 2018070911 J.CQPA m QQ 86 E 119.62' (GltmN L N 89.44 8911 S!• E /f9.317 nn o g m 1 a a� MIA Z i � 2—_--��p-- ---I 15. o S 663621" W 719.63' � (uutn s 8911.OJ• w 779x17 g U N A• ' I N ` a aEM11rrqz i-� < a mti 6 oa g a as: pia F. m:IJ Z a ^� z (� A Replat- Westhaven Terrace Lots 1-2 Block 2: Request for a Replat of Lots 1-2 into Lot 1A, Block 2, Westhaven Terrace Addition, Beaumont, Jefferson County, Texas. Applicant: Richard Faust Location: 4070 Neumann Lane 0 100 zoo 1 1 1 1 Feet DATE: June 15, 2020 TO: Planning Commission and City Council FROM: Chris Boone, Director of Planning and Community Development SUBJECT: Consider a request for a Specific Use Permit to allow a bar in a GC -MD (General Commercial - Multiple Family Dwelling) District. FILE: 2412-P STAFF REPORT Flame 2.0 Daiquiri and Bistro, is applying for a specific use permit to allow a bar in a GC -MD (General Commercial -Multiple -Family Dwelling) District. The facility will be located in an existing strip center on 11th St. The address of the property is 39 N. 11th Street. In 2014 a Specific Use Permit was approved for a bar at this location. It has been more than a calendar year since that bar was open, so a new application is required. The property is located less than 1000' feet from two school properties. City of Beaumont ordinance states: Sec. 6.03: 003 Proximity of dealer to school, church, day care center or child care facility (a) Except as otherwise provided by the Texas Alcoholic Beverage Code, it shall be unlawful for any person to sell or possess for the purpose of sale any alcoholic beverages where the establishment or place of business of any dealer is: (1) Within three hundred (300) feet of a church or public or private school; (2) Within one thousand (1, 000) feet of a public school or a private school if the governing body of the city receives a request from the governing body of the private school or from the board of trustees of the school district under section 38.007, Education Code; or (3) Within 1000 feet of a day care center or child care facility, as those terms are defined by section 42.002 of the Texas Human Resources Code. (b) The measurement of the distance between the place of business where alcoholic beverages are sold and the church, public or private school, day care center, or child care facility shall be determined as described in sections 109.33 and 109.331 of the Texas Alcoholic Beverage Code, as amended. State. law (Title 4, Chapter 109, Subchapter A, Section 109.33 "Sales near school, church, or hospital" (c)) requires that the applicant must give written notice of the application to officials of public or private schools within 1000 feet of the nearest property line. The applicant is required to provide a copy of the notice to the State commission with the application. Utilities and drainage in the area are adequate for the proposed use. Existing parking provided on the lot will be sufficient for the proposed bar. Staff recommends approval of the request subject to the following conditions: 1. "No Loitering" signs shall be posted in the parking lot. 2. Applicant provides notice to any school having property within 1000 feet of the subject property and the State as required by State law. Please note that final occupancy approval is subject to review and acceptance of submitted plans and field inspections to verify compliance with applicable codes. Exhibits are attached. PUBLIC NOTIFICATION Notices mailed to property owners 16 Responses in Favor Responses in Opposition LEGAL DESCRIPTION FOR ORDINANCE PURPOSES Being Plat C6, Tract 63, N. Tevis Survey, Beaumont, Jefferson County, Texas, containing 1.38 acres, more or less. ANALYSIS CONDITIONS FOR APPROVAL OF SPECIFIC USE PERMIT (SECTION 28-26.E, ZONING ORDINANCE) Conditions: Application Application is in is not in Comments compliance compliance Attached 1. That the specific use will be compatible with and not injurious to the use and enjoyment of other property, or significantly diminish or impair property values within the immediate vicinity; X 2. That the establishment of the specific use will not impede the normal and orderly development and improvement of surrounding vacant property; X 3. That adequate utilities, access roads, drainage and other necessary supporting facilities have been or will be provided; X 4. The design, location and arrangement of all driveways and parking spaces provides for the safe and convenient movement of vehicular and pedestrian traffic without adversely affecting the general public or adjacent developments; X 5. That adequate nuisance prevention measures have been or will be taken to prevent or control offensive odor, fumes, dust, noise and vibration; X 6. That directional lighting will be provided so as not to disturb or adversely affect neighboring properties; X 7. That there are sufficient landscaping and screening to insure harmony and compatibility with adjacent property; and, X 8. That the proposed use is in accordance with the Comprehensive Plan. X GENERAL INFORMATION/PUBLIC UTILITIES APPLICANT: Christopher Segura PROPERTY OWNER: Allan Levine Trust LOCATION: 39 N. 11th St. EXISTING ZONING: GC -MD (General Commercial — Multiple -Family Dwelling) District EXISTING LAND USES: FLOOD HAZARD ZONE: SURROUNDING LAND USES: NORTH: Commercial EAST: Commercial SOUTH: Commercial WEST: Industrial COMPREHENSIVE PLAN: STREETS: WATER: SANITARY SEWER SERVICE: —1.45 acres Commercial X — Area determined to be outside the 500 year flood plain r SURROUNDING ZONING: GC -MD (General Commercial — Multiple -Family Dwelling) District GC -MD GC -MD LI (Light Industrial) District Stable Area / Hospital/Office District 11th Street: 80' right-of-way with 60' pavement width Curb and gutter 6" Water line 8" Sanitary sewer line PROPERTY OWNERS NOTIFIED WITHIN 200 FEET CASEY POWERS WATKINS CORBELLO DAVID DINGO REALTY LLC DINGO REALTY LLC DISHMAN JUDY & GEORGE ENTERGY TEXAS INC FAD EQUITY LLC GRAINGER W W INC MATERIALS EVALUATION & SARK INVESTMENTS LLC SPECIFIC USE PERMIT APPLICATION BEAUMONT, TEXAS (Chapter 30, City. Codes) TO: THE PLANNING COMMISSION AND/CITY C/OOUNCIL, CITY OF BEAUMONT, TEXAS APPLICANT'S NAME: Care 2.. U CJS �✓� rr =t:��t f�rs��-o APPLICANT'S ADDRESS: 3q N r ��✓�tit SSG �—t APPLICANT'S PHONE #: Ll U 9 - Y-55 3 - 7'51 1 FAX #: NAME OF OWNER: ;le,Vc,,' )2 -Ce ADDRESS OF OWNER: _ : C) 5, [ r`v 1 -( ✓ C L -CIC, k ! 8 D? [J 1� r 2 LOCATION OF PROPERTY: LEGAL DESCRIPTION OF PROPERTY: LOT BLOCK NO OR TRACT PLAT ADDITION SURVEY NUMBER OF ACRES_ 2 Z 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: 0 ZONE: ATTACH A LETTER describing all processes and activities involved with the proposed uses. ATTACH A SITE PLAN drawn to scale with the information listed on the top back side of this sheet. ATTACH A REDUCED 81/2" X 11" PHOTOCOPY OF THE SITE PLAN. THE EIGHT CONDITIONS listed on the back side of this sheet must be met before City Council can grant a specific use permit. PLEASE ADDRESS EACH CONDITION IN DETAIL. ATTACH THE APPROPRIATE APPLICATION FEE: LESS THAN %2 ACRE .................................................................$250.00 %2 ACRE OR MORE AND LESS THAN 5 ACRES...........:.......$450.00 5 ACRES OR MORE...................................................................$650.00 I, being the undersigned applicant, understand that all ofthe conditions, dimensions, building sizes, landscaping and parking areas depicted on the site plan shall be adheredlto7ended and approved by City Council. J SIGNATURE OF APPLICANT: DATE: SIGNATURE OF OWNER: - (IF NOT APPLICANT) DATE: PLEASE TYPE OR PRINT AND SUBMIT TO FILE NUMBER 2'u 2- P CITY OF BEAUMONT PLANNING DIVISION 801 MAIN STREET, ROOM 201 BEAUMONT, TX 77701 DATE RECEIVED: Phone - (409) 880-3764 Fax - (409) 880-3133 PLEASE MAKE NOTE ON REVERSE SIDE OF CONDITIONS TO BE MET REGARDING THE SITE PLAN AND LETTER OF PROPOSED USES AND ACTIVITIES. Flame 2.0 - Introduction / Specific Use Flame 2.0 is a daiquiri shop that will sell wine & beer in accordance to all city,state & federal laws. We have applied for our TABC liquor license via TABC, We've complied with TABC in notifying the public of our intent to sell by placing a sign on the property for 60 days, we've also placed an add in the paper per their request. We've also paid any applicable fees. Flame 2.0 will create daiquiris via the purchase of daiquiri machines, & wine blends with only the allotted permissible alcohol potency in accordance with legal limits. Flame 2.0 will adhere to all guidelines & laws set forth pertaining to alcohol sales & procedures. Flame 2.0 will seal all alcoholic beverages via a cup sealing machine. Flame 2.0 will ID and verify the age of any potential customer requesting an alcoholic beverage. Flame 2.0 will ensure that all managers and servers are compliant with federal and state laws by paying to have all potential servers and managers certified to sell alcohol from TABC or sources alike, e.g selfsery etc. note :Owner has already obtained certification. Flame 2.0 will in force the right to decline alcoholic beverage sales to any one, overly intoxicated, acting belligerent or negligent. Flame 2.0 will serve food & non alcoholic beverages in accordance with the City Of Beaumont regulations. We have been working closely with the health department and food services, water quality, fire department, planning and zoning, building codes, public works and drainage district to ensure all procedures are met. I'm addition all food prep equipment will be inspected and all servers & managers will obtain a license to handle food. Note: owner has been certified. Operating hours will be Monday - Thursday from l lam to I 1pm Friday- Saturday l lam - 2am Sunday - 11 am - 6 pm. Flame 2.0 has also installed the latest 4K security systems with video/ audio to protect the establishment. In addition there will always be trained security personnel on site to deter any offensive behavior. Questions & Answers • Flame 2.0 will not diminish or impair property values. We're very optimistic that we'll do the complete opposite, not only will the generation of customer base increase sales for neighboring businesses, in addition we're adding multiple elements to the plaza which makes it convenient for shoppers, E.G There is currently no establishment where a shopper can buy food or get a cold beverage. This could pose a major inconvenience to shoppers without transportation, elderly individuals etc. We're simply adding convenience. Furthermore, property owner and neighboring businesses have been extremely welcoming. • Flame 2.0 will not impede the normal and orderly development and improvement of surrounding vacant property. Flame 2.0 will be supportive in regard to any development and/or improvement of surrounding vacant property. We want to see the community grow commercially. There will be no opposition. • Flame 2.0 will ensure the adequate utilities, access roads,drainage and other necessary supporting facilities have been or will be provided. We have been working very close with sectors of the City Of Beaumont to ensure the compliance E.G Building Codes, Planning Zoning, Water utilities and are hopeful in regard to the passing of all inspections prior to being open for business, Furthermore at the pre development meeting on 2/20/20 we received no opposition in our efforts to open. • The design, location & arrangement of all driveways and parking spaces must provide for safe and convenient movement of vehicular an pedestrian traffic without affecting the general,public or adjacent development. We're completely in agreement with this code. Per our lease contract we've been allotted 20 parking spaces. These spaces adhere to all guidelines and does not pose any potential hazards relative to pedestrians, traffic, or neighboring businesses. In any instance that Flame 2.0 parking causes issues we will immediately make reasonable accommodations. • The adequate nuisance prevention measures have been or will be taken to prevent or control offensive orders, fumes, dust, noise and vibration. Yes, Flame 2.0 has & will continue to take preventive measures to ensure no disruption of services to neighboring businesses and community E.G sealing off any gaps in doors or floors, sound proofing, fire proofing via 3in installation in walls & ceiling. We've also purchased filtration systems to control dust, pollen, fumes etc. Flame 2.0 will ensure directional lighting will be provided so as to no disturb or adversely affect neighboring properties. Yes, In reference to lighting Flame 2.0 has installed 5% tint on all windows to ensure no light will affect neighbors, the same applies for lights outside the space. Prior to any outside signage being installed we will touch base with the property owner in regard to brightness aswell as neighboring businesses. We will also get an inspection from the City Of Beaumont for the outer signage. Flame 2.0 will ensure sufficient landscaping, by providing hourly outdoor housekeeping. Note: There is currently no grass around the space, Suite is in a strip center where the entire lot is concrete. Flame 2.0 has ensured that the proposed use is in accordance with the comprehensive plan by meeting all requirements and regulations prior to opening of business. Yri?li pal Aix! 'E AIR .... . .... .... ..... 'rill gil. a "Al M.. .... . . ........ .. ... .... ' j .. . fix 1 7'� ............... um 14 k5i ti all IS .... ... . ... ..... ..... ...... 412-P: request for a Specific Use Permit to allow a bar in a GC -MD (General Commercial — Multiple Family Dwelling) District. Applicant: Jeremy Reed Location: 35 N. 111h Street 0 100 200 300 400 i I I I I Feet DATE: June 15, 2020 TO: Planning Commission and City Council FROM: Chris Boone, Director of Planning and Community Development SUBJECT: Consider a request for a Specific Use Permit to allow a second dwelling on one lot for property zoned RS (Residential Single - Family Dwelling) District. FILE: 2413-P STAFF REPORT Danielle Goodwin of Anderson Homes is requesting a Specific Use Permit to allow a house with a second dwelling in the rear at 6555 Claybourn Drive. Ms. Goodwin's client would like to build a new home including a pool house with entertainment space, a kitchen and a full bath. As the structure is separate from the house and includes all of the elements in a residence, a Specific Use Permit is required. Staff recommends approval with the following conditions: 1. The pool house shall not be used as a separate rental unit. 2. Utilities must extend from the main structure without a separate meter. Please note that final occupancy approval is subject to review and acceptance of submitted plans and field inspections to verify compliance with applicable codes. Exhibits are attached. PUBLIC NOTIFICATION Notices mailed to property owners 14 Responses in Favor Responses in Opposition LEGAL DESCRIPTION FOR ORDINANCE PURPOSES Being Lot 6, Block 14, Barrington Heights, Beaumont, Jefferson County, Texas, containing 0.387 acres, more or less. ANALYSIS CONDITIONS FOR APPROVAL OF SPECIFIC USE PERMIT (SECTION 28-26.E, ZONING ORDINANCE) Application Application is in is not in Comments compliance compliance Attached Conditions: 1. That the specific use will be compatible with and not injurious to the use and enjoyment of other property, or significantly diminish or impair property values within the immediate vicinity; X 2. That the establishment of the specific use will not impede the normal and orderly development and improvement of surrounding vacant property; X 3. That adequate utilities, access roads, drainage and other necessary supporting facilities have been or will be provided; X 4. The design, location and arrangement of all driveways and parking spaces provides for the safe and convenient movement of vehicular and pedestrian traffic without adversely affecting the general public or adjacent developments; X 5. That adequate nuisance prevention measures have been or will be taken to prevent or control offensive odor, fumes, dust, noise and vibration; X 6. That directional lighting will be provided so as not to disturb or adversely affect neighboring properties; X 7. That there are sufficient landscaping and screening to insure harmony and compatibility with adjacent property; and, X 8. That the proposed use is in accordance with the Comprehensive Plan. X GENERAL INFORMATION/PUBLIC UTILITIES APPLICANT: Danielle Goodwin PROPERTY OWNER: Yue — Min and Victoria Thao Dai LOCATION: 6555 Claybourn Drive EXISTING ZONING: RS (Residential Single - Family Dwelling) PROPERTY SIZE: 0.3870 acres, more or less EXISTING LAND USES: Vacant FLOOD HAZARD ZONE: "X" - Areas determined to be outside 500 -year floodplain SURROUNDING LAND USES: SURROUNDING ZONING: NORTH: Vacant RS (Residential Single - Family Dwelling) EAST: Vacant SOUTH: Residential WEST: Vacant COMPREHENSIVE PLAN: STREETS: DRAINAGE: WATER: SANITARY SEWER SERVICE 's RS RS Neighborhood Growth Unit ClUbourn Drive- Local Street with a 60' wide right-of-way and 37' wide pavement. Curb & gutter 10" water line 12" sanitary sewer line over 160' to the south PROPERTY OWNERS NOTIFIED WITHIN 200 FEET L&L MERRILL ENTERPRISES LTD PATEL HIRAL R WEST OPT DEVELOPMENT LTD SPECIFIC USE PERMIT APPLICATION BEAUMONT, TEXAS (Chapter 28, City Codes) TO: THE PLANNING COMMISSION AND CITY COUNCIL, CITY OF BEAUMONT, TEXAS APPLICANT'S NAME: Danielle Goodwin 'ST cy,U�y ? -T LT APPLICANT'S ADDRESS: 7770 Gladys Ave, suite A, Beaumont, `texas 77706 APPLICANTS PHONE #: 409-860-3133 FAX #: NAME OF PROPERTY OWNER: Yue - Min and Victoria Thao Dai ADDRESS OF PROPERTY OWNER: 6475 Ellington Lane LOCATION OF PROPERTY: Beaumont, Texas C x55:5 G(.�'�Qg O U ZR LEGAL (DESCRIPTION OF PROPERTY: LOT NO. 6 BLOCK NO. 14 ADDITION X l l NUMBER OF ACRES 0.3570 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 USE: New Home Residential Construction ZONE: ATTACH A LETTER describing all processes and activities involved with the proposed uses. ATTACH A SITE PLAN drawn to scale with the information listed on the top back side of this sheet. ATTACH A REDUCED 8 %'1 X lfl" PHOT®COPY OF THE SITE PLAN. THE ]EIGHT CONDITIONS listed on the back side of this sheet must be met before City Council can grant a specific use permit. PLEASE ADDRESS EACH CONDITION IN DETAIL. ATTACH THE APPROPRIATE APPLICATION FEE: LESS THAN %z ACRE.................................................................$250.00 ACRE OR MORE AND LESS THAN 5 ACRES...................$450.00 5 ACRES OR MORE...................................................................$650.00 I, being the undersigned appli it, understand that all of the conditions, dimensions, building sizes, landscaping and parking areas depicted on the site plan shall be adhered to as ended and approved City Council. AA� SIGNATURE OF APPLICANT: DATE -E SIGNATURE OF PROPERTY OWNER: PLEASE TYPE OR PRINT AND SUBMIT TO: CITY OF BEAUMONT PLANNING DIVISION 801 MAIN STREET, ROOM 201 FILE NUMBER:r)(A, ` P BEAUMONT, TX 77701 Phone - (409) 880-3764 Fax - (409) 880-3110 :k a'<mTmr k�:k#gym#T#a=#�TMm�;:#�*; ; �*m##�, #,"-�:k a�mr;:� ��>k:k#T:k k:��>`.;k:k#�t:km:k TA:#h#=k## �#�*�:km��kk#T � ;: %k#�rTr:g%k�k# �•m#�###;k:k:kW �#ek ��,t�# :#k*:y PLEASE MAKE NOTE ON REVERSE SIDE OF CONDITIONS TO BE MET REGARDING THE SITE PLAN AND LETTER OF PROPOSED USES AND ACTIVITIES. ANDERSON HOMES The proposed use of this pool house is designed to entertain and enhance the poolside experience by minimizing the need to enter the actual house during pool time. At its simplest, it is the place where guests can change into swimwear and where the homeowner might store the plethora of pool toys and pool -maintenance accessories. Thank you, Danielle Goodwin .Anderson Homes Dgoodwin@andersoncustomhomebuilder.com 7770 Gladys, Beaumont, TX 77706 ph. 409-860-3133 ��v www.andersoncustomhomebuilder.com Certified Green Prdfessionaf 11yoIN WUMV�J W\41 IWl A qwM 1Y v t4) cund SAnpw mptyN -, no (V-) i u OAMNN ar �M�r p�Op� VO�Qu� W��1Y1 �mmQ�tc� VW" wii, war imR&I tu narm� �- �Yc►:��y +c�a.Q��t�n� a� ►mV �6 swvo�na�+�g vaca+�- �►��J pt �nrvowu� amd �avwn9 pw� �� and eDn�w��t � u.4hmcUtav axed ptg&on a�e(�ing � �eP �Uc or Aaui dwifou-0. �5 °'IAu�, usi\I h� ads(�7a��.l nuismot vvuvktiU) VIM), 10 Vi'p`rOKI � lid u d-ioo'%pV,ugin�i� u�i11 �wo+u�.ed cot til- cNsiwb wghOviwj �P�o�'b su�cic�yj lr�hd�c�.�ung � scnc�nng ��ta�� uq�iv O&M -winDvre Co�utib�U��J J-6 \fl ft 6(CI3 RUNO V ego To �Kvoyd v�c 1s in acac�ww M) m COWNZ PA 10'-O" DBL. 2X11 _ VL e lO' cLG I6 8'-IIVi" BLK LLS FOR GRAB BARS 0 a< 0 P D COVERED, Li PORCH CLC• .10' \ X1 z iWP STACK I 1 BED RM '. 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LNMG MEA YP PAI RESIDENCE 03-19-2020 I I PAGE: 4 tom.. �� .rl �, � � ill .... ................ 5( 02515111 W 103,310' 0 O 15' BUILDING 5FET 5ACK - - - - - - - - - - CU 82.- 02,C) I i / FLOT FLAN //� re"'Al = III — 201�0 II ro555 C:LAY50UFRN LOT ro 5LK 14 5ARRINGTON HEIGHTS 4c OC4 "C/Al ..................... .ABREEZE ............ .......... .. ........ .............. co i / FLOT FLAN //� re"'Al = III — 201�0 II ro555 C:LAY50UFRN LOT ro 5LK 14 5ARRINGTON HEIGHTS 413-P: Request for a Specific Use Permit to allow a second dwelling on one lot for roperty zoned RS (Residential Single -Family Dwelling) District. ,pnlicant: Danielle Goodwin tion: 6555 Claybourn Drive 0 100 200 300 400 1 i 1 1 1 1 Feet DATE: June 15, 2020 TO: Planning Commission and City Council FROM: Chris Boone, Director of Planning and Community Development SUBJECT: To consider a request for a Specific Use Permit to allow a wholesale shrimp company in an LI (Light Industrial) District. FILE: 2414-P STAFF REPORT Hien Nguyen has requested a Specific Use. Permit for the property located at 5620 Avenue A (also known as West Port Arthur Road). This property was formerly used as the Frito Lay distribution Center. The applicant would like to use the property as a wholesale shrimp processing/distribution company. The proposed use would include the occasional removal of the shrimp heads, but mostly sorting, packaging and freezing of the fresh shrimp tails for distribution. The applicant states that no product will be discarded in the dumpster. Any part of the shrimp that is not sold would be taken directly to the landfill. Hours of operation would be Monday — Friday, 8 a.m. to 5 p.m. All utilities are existing and adequate for the proposed use. Staff recommends approval with the following condition: 1. Construction plans must meet all requirements by Water Utilities for water and sanitary sewer services, including any requirements of the City's pre-treatment and/or F.O.G. program. Please note that final occupancy approval is subject to review and acceptance of submitted plans and field inspections to verify compliance with applicable codes. Exhibits are attached. PUBLIC NOTIFICATION Notices mailed to property owners 10 Responses in Favor Responses in Opposition LEGAL DESCRIPTION FOR ORDINANCE PURPOSES Being Plat B-20, Lot 2, Block 106, J.A. Veatch Survey, Beaumont, Jefferson County, Texas, containing 2.93 8 acres, more or less. ANALYSIS CONDITIONS FOR APPROVAL OF SPECIFIC USE PERMIT (SECTION 28-26.E, ZONING ORDINANCE) Conditions: Application Application is in is not in compliance compliance 1. That the specific use will be compatible with and not injurious to the use and enjoyment of other property, or significantly diminish or impair property values within the immediate vicinity; X 2. That the establishment of the specific use will not impede the normal and orderly development and improvement of surrounding vacant property; X 3. That adequate utilities, access roads, drainage and other necessary supporting facilities have been or will be provided; X 4. The design, location and arrangement of all driveways and parking spaces provides for the safe and convenient movement of vehicular and pedestrian traffic without adversely affecting the general public or adjacent developments; X 5. That adequate nuisance prevention measures have been or will be taken to prevent or control offensive odor, fames, dust, noise and vibration; X 6. That directional lighting will be provided so as not to disturb or adversely affect neighboring properties; X 7. That there are sufficient landscaping and screening to insure harmony and compatibility with adjacent property; and, X 8. That the proposed use is in accordance with the Comprehensive Plan. X Comments Attached GENERAL INFORMATION/PUBLIC UTILITIES APPLICANT: Hien Nguyen PROPERTY OWNER: Hien Nguyen LOCATION: 5620 Avenue A EXISTING ZONING: LI (Light Industrial) PROPERTY SIZE: 2.938 acres EXISTING LAND USES: Distribution Center FLOOD HAZARD ZONE: X — Area determined to be outside the 500 SURROUNDING LAND USES: NORTH: Industrial EAST: Commercial/Industrial SOUTH: Vacant WEST: Commercial/Industrial COMPREHENSIVE PLAN: STREETS: DRAINAGE: WATER: SANITARY SEWER SERVICE: year flood plain. SURROUNDING ZONING: LI (Light Industrial) LI LI LI Light Industrial Avenue A - Major Arterial with 70' wide right-of-way and 46' pavement width. Open ditch 6" Water line 8" Sanitary sewer line PROPERTY OWNERS NOTIFIED WITHIN 200' ACI PROPERTIES LLC CROWN CASTLE GT CO LLC MARSHALL DAVID JR PHAM LIEU STRAHAN GARY EUGENE TWIN-NGUYEN HOLDINGS LLC XL SYSTEMS - GRANT PRIDECO LP SPECIFIC USE PERMIT APPLICATION BEAUMONT, TEXAS (Chapter 28, City Codes) TO: THE PLANNING COMMISSION AND CITY COUNCIL, CITY OF BEAUMONT, TEXAS APPLICANT'S NAME: Hien Nguyen APPLICANT'S ADDRESS: 2290 S Bourque Ct. Nederland, TX 77627 APPLICANT'S PHONE #: 409-540-0901 or 318-289-3422 FAX #: 409-724-7136 NAME OF PROPERTY OWNER: Hien Nguyen ADDRESS OF PROPERTY OWNER: 5620 Ave A Beaumont, TX 77705 LOCATION OF PROPERTY: 5620 Ave A Beaumont, TX 77705 LEGAL DESCRIPTION OF PROPERTY: LOT NO BLOCK NO N BLOCKS 106 f* 1.99�, NUMBER OF ACRES OR TRACT PLAT Zd SURVEY J, A, V gkT" NUMBER OF ACRES 2 ' 0138 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: Wholesale shrimp company. The product will be shipped out after process is completed ZONE. Ll ATTACH A LETTER describing all processes and activities involved with the proposed uses. ATTACH A SITE PLAN drawn to scale with the information listed on the top back side of this sheet. ATTACH A REDUCED 8'/2" X 11" PHOTOCOPY OF THE SITE PLAN. THE EIGHT CONDITIONS listed on the back side of this sheet must be met before City Council can grant a specific use permit. PLEASE ADDRESS EACH CONDITION IN DETAIL. ATTACH THE APPROPRIATE APPLICATION FEE: LESS THAN %2 ACRE .................................................................$250.00 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 an� approved by City Council. SIGNATURE OF APPLICANT: Zjx v SIGNATURE OF PROPERTY OWNER:'J'0 ' i 6AAIIAa r PLEASE TYPE OR PRINT AND SUBMIT TO: CITY OF BEAUMONT PLANNING DIVISION 801 MAIN STREET, ROOM 201 P4 1 BEAUMONT, TX 77701 FILE NUMBER: Z, "I `1, T Phone - (409) 880-3764 Fax - (409) 880-3110 TE: 05/22/20 TE 05/22/20 PLEASE MAKE NOTE ON REVERSE SIDE OF CONDITIONS TO BE MET REGARDING THE SITE PLAN AND LETTER OF PROPOSED USES AND ACTIVITIES. Letter of describing all processes and activities involved with the proposed uses Hien Nguyen, Property Owner 5620 Ave A Beaumont, TX 77705 May 22, 2020 We have selected this site because of the location, size of buildings is suitable for this type of facility. The hours of operations are M -F from 8 a.m. to 5 p.m. may include Saturdays. Total number of employees are average from 10 to 15 at this facility. All parking spaces are more than what we need. The shrimp season normally regulated by state and usually the end of year slows down. Normally, outside waters, which may be set during the late winter to early spring months, usually beginning in December or January and extending into March or April. Our goal is to have enough shrimp to stay open and keep our employees busy and help the economy. The existing site was occupied by Frito Lay Chips distribution center in Beaumont. All water and sewer connections will remain the same. The existing drainage system in the parking lots will not change and had no issues with the flooding system. There is existing fire hydrant within 50' distance from building on WPA Rd. over 900 gpm. The existing buildings is sprinklered and all electrical system has been checked for proper usage on all equipment. There is one electric meter dedicated to office and one to all future equipment. There are 8' existing chain link fence around the property and sliding electric gate at the entry to site. There are security cameras at the entire site and exterior walls of buildings. We will be submitting our site utilities plan, floor plan for building permit which will includes, the main floor plan, electrical, plumbing, HVAC, ADA on office side and proper size of grease trap and life safety plan. We appreciate the opportunity to provide our service and stablish our operations in Beaumont, TX. Sincerely, Hien gyen, Property Owner SECTION 28.04.001, ZONING ORDINANCE REQUIRES THAT THESE EIGHT CONDITIONS MUST BE MET BEFORE A SPECIFIC USE PERMIT CAN BE ISSUED. Please explain how the proposed project will comply with each of these conditions in your application: 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; Nature of operations is wholesale shrimp company; Proper cleaning process will be followed as per FDA requirements. Fresh shrimp tails will be brought into the facility If any fresh product is received that still has the heads, the heads will be removed. Usually, 90% shrimps are with tails only. The shrimp tails will go thru an automated machine that will grade the sizes of the tails. The shrimp tails will then go thru another machine to be boxed. The boxed product will then be frozen with the high technology freezing equipment that individually frozen the shrimp then packed and ready for delivery by trucks for distributions. 2- That the establishment of the specific use will not impede the normal and orderly development and improvement of surrounding vacant property; From the North side, is the laydown yard for industrial company. From the East side, is Spur 93 (West Port Arthur), from the West side is vacant and undeveloped land belong to this facility and from the South side, is vacant land belong to this facility and not developed. 3- That adequate utilities, access roads, drainage and other necessary supporting facilities have been or will be provided; There are existing water, sewer, and drainage system from previous company. 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; All existing driveway, parking spaces, will remain the same and will not affecting public. 5- That adequate nuisance prevention measures have been or will be taken to prevent or control offensive odor, fumes, dust, noise and vibration; No product will be discarded outside in the dumpster and the process does not cause noise, dust, odor or vibration. Any shrimp heads that are not sold will be taken to landfill by truck (not in dumpster). 6- That directional lighting will be provided so as not to disturb or adversely affect neighboring properties; There are existing parking lots lights that are facing the buildings for security purpose and lighting for visibility and will not affecting other properties. 7- That there are sufficient landscaping and screening to insure harmony and compatibility with adjacent property; and Since this is existing facility and has been in operations for many years, the existing landscaping remain the same. 8- That the proposed use is in accordance with the Comprehensive Plan. This site will be utilized and followed as per all above conditions 1 thru 7. ;��bdli{j}{i}Ij n £ 7a a 4 I ? 9 XL SYMIAS - GRANT PRIOECO, IP FC. 103-70-0626 O.PR.J.0 LYWMOry LWE��KK 107 a.. 106 �y0� �$0 Q, I 0000 :Os 5 j : _= g 4 Beaumont Seafood Wholesale, LLC :I B X e ne z� EXISTING SITE WITH IMPROVEMENTS 5620 Ave A -(W -PA Rd) Beaumont, TX 77705 "s MI s �I I nl T v w+� I ----------- v-6 I Tf nl I P w'c Na n��9 T, XL SYMIAS - GRANT PRIOECO, IP FC. 103-70-0626 O.PR.J.0 LYWMOry LWE��KK 107 a.. 106 �y0� �$0 Q, I 0000 :Os 5 j : _= g 4 Beaumont Seafood Wholesale, LLC :I B X e ne z� EXISTING SITE WITH IMPROVEMENTS 5620 Ave A -(W -PA Rd) Beaumont, TX 77705 14-P: Request for a Specific Use Permit to allow a wholesale shrimp company in an LI ight Industrial) District. ►plicant: Hien Nguyen kation: 5620 Avenue A 0 100 200 300 400 1 1 1 1 1 1 Feet