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HomeMy WebLinkAbout810-OB DATE: August 20, 2012 TO: Planning Commission FROM: Stephen C. Richardson, Planning Manager SUBJECT: Consider a request for the abandonment of Avenue E between Gilbert and Milam Streets FILE: 810-OB STAFF REPORT The Planning Manager recommends approval subject to the following conditions: 1. BISD will pay to relocate any facilities in the right-of-way. 2. BISD will provide locking mechanisms on gates across the abandoned right-of-way that are acceptable to the Fire Department. Robert Zingelmann, representing Beaumont Independent School District (BISD), has applied for the abandonment of Avenue E between Gilbert and Milam Streets. Mr. Zingelmann states that BISD is requesting this abandonment primarily for safety purposes as well as for potential future school expansion. This section of Avenue E runs adjacent to Fletcher Elementary School. BISD owns both blocks on either side of this section of Avenue E. The block across from the school is used as a playground. Young children must cross Avenue E daily to get to the playground. Mr. Zingelmann states that while students are escorted by teachers and aides, the potential for a serious traffic accident exists. Mr. Zingelmann says that closure of this right-of-way would create a safe environment for the children going to and from the playground. Mr. Zingelmann also states that because of serious overcrowding, the abandonment would allow for the expansion of the school. The school is now land-locked and cannot accommodate any further growth on the existing site due to the recent classroom wing addition and cafeteria expansion. Future school expansion would have to be located on the BISD property across Avenue E. This item was sent to all interested parties. BISD and the City have worked out their differences and now there is no objections from any of the City departments. Exhibits are attached. PUBLIC NOTIFICATION Notices mailed to property owners 1 . Responses in Favor . Responses in Opposition . LEGAL DESCRIPTION FOR ORDINANCE PURPOSES BEGINNING at a point at the intersection of the northwesterly right-of-way line of Milam Street and the southwesterly right-of-way line of Avenue E for the north corner of Ordinance No. 11-023 (vacating a utility easement) as recorded in Clerk=s File No. 2011009177 of the Official Public Records of Jefferson County, Texas, the east corner of said Block 20 and the south corner of the said 0.4132 acre tract; THENCE North 4847'00" West along the northeasterly line of said Block 20, the said southwesterly right-of-way line of Avenue E and the southwesterly line of the said 0.4132 acre tract a distance of 300.00 feet to a point at the intersection of the said southwesterly right-of-way line of Avenue E and the southeasterly right-of-way line of Gilbert Street for the north corner of said Block 20 and the west corner of the said 0.4132 acre tract; THENCE North 4113'00" East along the northwesterly line of the said 0.4132 acre tract a distance of 60.00 feet to a point at the intersection of the said southeasterly right-of-way line of Gilbert Street and the northeasterly right-of-way line of Avenue E for the west corner of said Block 5 and the north corner of the said 0.4132 acre tract; THENCE South 4847'00" East along the southwesterly line of said Block 5, the said northeasterly right-of-way line of Avenue E and the northeasterly line of the said 0.4132 acre tract a distance of 300.00 feet to a point at the intersection of the said northeasterly right-of-way line of Avenue E and the said northwesterly right-of-way line of Milam Street for the south corner of said Block 5 and the east corner of the said 0.4132 acre tract; THENCE South 4113'00" West along the southeasterly line of the said 0.4132 acre tract a distance of 60.00 feet to POINT OF BEGINNING and containing 0.4132 acre of land, more or less. GENERAL INFORMATION/PUBLIC UTILITIES APPLICANT: Robert Zingelmann for Beaumont Independent School District PROPERTY OWNER: City of Beaumont LOCATION: Avenue E, between Gilbert and Milam EXISTING ZONING: RS (Residential Single Family Dwelling) District PROPERTY SIZE: 0.4132 acres, more or less EXISTING LAND USES: Street right-of-way FLOOD HAZARD ZONE: A X @ - Areas determined to be outside 500-year floodplain SURROUNDING LAND USES: SURROUNDING ZONING: NORTH: Residential RS (Residential Single Family Dwelling) District EAST: School playground RS SOUTH: School RS WEST: School RS COMPREHENSIVE PLAN: Conservation and Revitalization STREETS: Avenue E - Local street with a 60' wide right-of-way and a 30' pavement width DRAINAGE: Curb and gutter WATER: 2" and 6" water lines SANITARY SEWER SERVICE: 12" sanitary sewer line PROPERTY OWNERS BEAUMONT INDEPENDENT SCHOOL DISTRICT