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HomeMy WebLinkAboutPZ2021-243 (02)DATE: October 18, 2021 TO: Planning Commission FROM: Chris Boone, Director of Planning and Community Development SUBJECT: Consider a request for the conveyance and dedication of private streets and infrastructure to the City of Beaumont. FILE: PZ2021-243 STAFF REPORT Scott Hollemon and the heirs of the A.J. Fasulo Estate have requested that the City of Beaumont accept maintenance of the private drive east of Wescalder Road and north of Baker Road, and it's infrastructure. The City recently adopted a process for the conversion of private streets and other infrastructure to public ownership and maintenance (see attached). Also attached is an analysis of the condition of the existing private infrastructure, conducted by the Public Works Department. An analysis of the request was considered with the following responses: Public Works/Engineering --- Engineering did a survey and analysis of the streets and drainage infrastructure. The existing pavement was found to be composed of a mixture of gravel, chunks of concrete, milling material and asphalt. The entire pavement is in very poor condition and requires a full rehabilitation. The drainage infrastructure is comprised of an open ditch and driveway culvert network. The ditches have been poorly maintained and not graded properly to drain. A majority of the driveway culverts are not set properly to drain water effectively. There are several buried culverts that are impeding drainage. Water Utilities — a review of the plat and construction plans shows the water lines are not located within a utility casement dedicated to the City of Beaumont. Due to the unknown condition of the water and sewer lines, it is recommended to delay acceptance until water meters are relocated to meet city standards and sewer services are verified to not run within private property. Fire Department — Fire Marshal Condina, reviewed the site and the Fire Department has concerns about the width and load limits of the current private street. City streets must have a 75,000 pound load limit rating and be wide enough for a fire apparatus. A majority of these streets are narrow being approximately 10'- 12' wide. Solid Waste — Solid Waste provides garbage service to 2425 Wescalder Road. If the City provides solid waste services, improvements to the roads will be required to maintain the weight of the garbage trucks. Due to the narrow width of the streets, having no fire hydrants along the streets and load limit concerns, it is recommended by Public Works to reject the request until upgrades to the streets have been completed. Based on this review, planning staff recommends denial of the request. This item was sent to all interested parties. LEGAL DESCRIPTION FOR ORDINANCE PURPOSES Being Tract 21, part of Lots 4-5, Block 8, Wescalder Fig Acres, Beaumont, Jefferson County, Texas, containing 2.1133 acres more or less. GENERAL INFORMATIONIPUBLIC UTILITIES APPLICANT: Scott Hollemon and the heirs of the A.J. Fasulo Estate PROPERTY OWNER: LOCATION: EXISTING ZONING: PROPERTY SIZE: EXISITNG LAND USES: FLOOD HAZARD ZONE: SURROUNDING LAND USES: NORTH: Residential EAST: Residential SOUTH: Residential WEST: Residential COMPREIIENSIVE PLAN: Heirs of the A.J. Fasulo Estate 2405 — 2499 Wescalder Road RS (Residential Single -Family Dwelling) —2.1133 acres more or less Private Drive "X" - Areas determined to be outside 500-year floodplain SURROUNDING ZONING: RS (Residential Single Family Dwelling) M M RS Neighborhood Growth Unit DRAINAGE: Open ditch Z2021-243: Request for the conveyance and dedication of private streets and ifrastructure to the City of Beaumont. ,pplicant: Scott Hollemon and the heirs of the A.J. Fasulo Estate (Fig Acres Addition) ocation: 2405 — 2499 Wescalder Road 0 100 200 300 400 1 1 1 1 1 1 Feet TEXAS INTEROFFICE MEMORANDUM City of Beaumont, Texas Date: July 9, 2021 To: Kyle Hayes, City Manager From: Bait Bartkowiak, Public Works & Technology Director Subject: AJ Fasulo Estate — public street request COMMENTS Attached for your review are the Public Works/Engineering, Water Utilities, Fire Department and Solid Waste recommendations for the AJ Fasulo Estate request for the City of Beaumont to consider accepting the private streets as public streets. Solid Waste — Solid Waste provides garbage service to 2425 Wescalder Road. If the City. provides solid waste services, improvements to the roads will be required to maintain the weight of the garbage trucks, There will be no additional expense to provide solid waste services, Public WorIcs/Engineering — Engineering did a survey and analysis of the streets and drainage infrastructure. The existing pavement was found to be composed of a mixture of gravel, chunks of concrete, milling material and asphalt. The entire pavement is in very poor condition and requires a full rehabilitation. The drainage infrastructure is comprised of an open ditch and driveway culvert network. The ditches have been poorly maintained and not graded properly to drain. A majority of the driveway culverts are not set properly to drain water effectively, There are several buried culverts that are impeding drainage, The estimated cost to improve the drainage and bring the streets up to code is $455,630. A detailed cost estimate is attached, Water Utilities — a review of the plat and construction plans show the water lines are not located within an -utility easement dedicated to the City of Beaumont, Due to the unknown condition of the water and sewer lines, it is recommended to delay acceptance until water meters are relocated to meet city standards and sewer services are verified to not run within private property. The estimate to construct new water lines, sewer lines and water meters within the public right-of- way is $342,908. A detailed cost estimate is attached. Fire Department — Fire Marshall Joe Condina reviewed the site and the Fire Department has concerns about the width and load limits of the current private street. City streets must have a 75,000 pound load limit rating and be wide enough for a fire apparatus, A majority of these streets are narrow being approximately 10' to 12'. Due to the narrow width of the streets, having no fire hydrants along the streets and load limit concerns, it is recommended to reject the request until upgrades to the streets have been completed. The Fire Department currently provides fire protection for the structures within the neighborhood but there are concerns about accessibility and lack of fire hydrants. If you have any questions, please do not hesitate to contact me. Chi -is Boone Tyrone Cooper Joe Condina Molly Villarreal Bengy Williams Antoinette Hardy I C) CD C) 0 0 C> C> CD C) C> o C� C� C) 0 C) C� C) C) o c7 uiC� C? C) C) vi C) 00 CD 0 0 C> t-- CD C) cllrn t-� � cl� lO CN 00 o 't I 00 \4:) U-) Ln 09 69 (Fq coq 64 CD C, C) C� C:) C:) CD C> C) CD C) C� C7 C? C� '� C7 0 0 0 0 C> tr) C) C� Ln (D C> (D C> V) C) m C) C) V) Fla (�q Goa 69 4f3 EIS Gq 64 (A) 64 4A* 00 ri) 0 CO �D 00 0 C/) P4 W P'q C:) P, m 0 con 00 U V) P-4 P-1 U F P..j O2 CS C/) PA PI Ql� c' o., <D CD C:) c' (::> 0 o ON C> C) C) CD 0 C) C, ko "0 Cn w w "0 \'O � "0 �O C�) tr) CD CD �,O CD CD (5 t- 4 C:) C;\ CD m Cf) m vi VI vi 8,q ME � � rj q Q g M A f Vn E,ee A O C5 W 21C" W 0 PKY// , fas"WIV INTER -OFFICE MEMORANDUM City of Beaumont, Texas Date: June 30, 2021 To: Molly Villarreal, P.E., City Engineer From: John Pippins 111, BIT, Water Utilities Design Manager Subject: AJ Fasulo Estate (Wescalder/Fig Acres) COMMENTS Our office has reviewed the AJ Fasulo Estate (Wescalder/Fig Acres). This review and analysis was in response to a request for the City to accept the private streets and infrastructure for ownership and maintenance. A review of the plat and construction plans shows that the water lines and sanitary sewer lines are not located within a dedicated utility casement. Water Line Items: 1. All existing water lines throughout the property are private. 2. Water meters are located along city right of way on Wescalder Rd, 3. The condition of the water lines and related appurtenances is unknown. Sewer Line Items: 1. A section of the existing private sewer line location is known but existing service lines are unknown. 2. The condition of the sewer line and related appurtenances is unknown. I recormnend delaying aceeptance until water meters are relocated to meet city standards and sanitary sewer services are confirmed to not run through private property. Attached is a copy of the water map, sanitary sewer map, and original plat for your reference. A detailed review of the work order history for the development can be performed, if needed. If you need any additional information, please call me at 409-785-4702. c: Antoinette Hardy, Real Property Coordinator Bart Bartkowiak, Director of Public Works & Technology Services 01 i I SA QQN zoo BI PV RIN 2 6) 6%1 LLJ RI& cQ 2.595 co 18, co 8"fiPPE108 21530 262 �4 j 0 P-11, 6'! P I l� ,� r Z-Al co 126 0 DU r E B RLN c, 0 C) co 0 2 3' HQ LU �. CD co 0 Rl oz C�o IP 14-WU- 7595 2 co 2590 2630 26 263_0 co 0 0 z0 19 it. -1l - -------- 01 1E J70 90 'it �n�W xrrcrrta � li ai�anmu Iti� u�mnm ,�"w�urr WR 'W�rYi PRIVATE STRE ET — INTL' ROFFICE REPO Request forAcceptance of Maintenance City Attorney `" Approved Denial Planning & Zoning Approved Denial COMMENTS, ?rn��Ua " nA raA�M +6 - :t) 1j WIN Um�s WM WU amm mm omm mm om om mmm W= =a MR MEN Date Submitted to Departments Solid Waste Approved Denial Water/Sewer Approved Denial Fire Marshall Approved Denial Streets & Drainage Approved v' Denial Engineering Approved Denial COMMENTS: ,,e a. 11 a 4Pw A .:). f c4svlo Eslak ine I mcwa P,as 4 Gain t n ow fro,-i�q t P� f)e- ,co`ytd THE STATE OF TEXAS LETTERS OF INDEPENDENT ADMINISTRATION WITH WILL ANNEXED 0-mommEmm X IN COUNTY COURT COUNTY OF JEFFERSON X JEFFERSON COUNTY, TEXAS I, CAROLYN GUIDRY Clerk ,Pf,`the1,Cou,nty. Court of -Jefferson County, Texas, do hereby certify that on the 31st day. of .,MAX. ',2911, HAYES, ZOHANNA was by said Court grated -",-.'6f Independent A0minibt:ratiob. with -Will Annexed upon the Estate of: 4 i deceased, and that on the ,;i!'31dt-,k!d4yV of MAY, I, 01;L, she" duly, I ,quaI I . fled ied assuch as the law and etf66t. alnb�66-t i s� il fl --e requires, and th#t said qpp i 11C f Given unde� my handand o it BeaumoAt---",T-,6xas, k.�this the'6th day of JUNE, 2017. k, ,0 �,CPIWLYN GUIDRY ....... Clitrk Cftpty Court, JeNerOpA, C914fity, Texas 0 20* .. .......... f By Rebekah Ukoh, Deputy­ LIAVIA Subdivision Name: City of Beaumont Private Street and infrastructure Acceptance Application Date Phases: BE O ION* Contact Name Address ZIP Phone a 14,01-1?1 -16#Mail &.00&' rAOI S �, 1k. In REQUIRED DOCUMENTATION SUBMITTED WITH THIS APPLICATION: B--10C,9pies of the recorded plat "ement documents 0 Construction and maintenance records 0 Home Owners' Association rules, deed restrictions and any amendments 0 Recorded Member Vote requesting private street(s) to become'public street(s) I NOTICE*. BY SIGNING THIS FORM I ASSERT THAT I AM A REPRESENTATIVE OF THIS SUBDIVISION PROPERTY OWNERS, ASSOCIATION AND HAVE BEEN DULY AUTHORIZED TO SUBMIT THIS REQUEST ON BEHALF OF THE ASSOCIATION. ALSO, I HEREBY ASSERT THAT ALL REQUIRED DOCUMENTATION IS BEING SUBMITTED AT THE TIME OF APPLICATION. ALSO, I AGREE TO ADHERE TO THE "GVWRUNBS FOR ACCEPTANCE OF pjUVATgSTREETANpj7VFR4STRUC7VAE FOR MAINTENANCE BY THE CITY OFBEAtWONT," AS ADOPTED. BY THE CITY COUNCIL OF THE CITY OF BEAUONT, TEXAS. I ALSO DECLARE THAT THE INFORMATION PROVIDED ON THIS FORM IS TRUE AND CORRECT. A"t A L-> SIGNATURE OF AUTHROIZED AOFNT DAn ACCEPTED BY: DATE RECEIVED: 'PUhLIC WORKS DEPARTMENVENGINBERING DPMION PETITION FOR ACCEPTANCE OF PRIVATE STREETS AND INFRASTRUCTURE The undersigned owners of real property abutting or having sole legal access to the hereafter road in the City of Beaumont Jefferson County, Texas, do hereby file this, their petition, with the City of'Baaumont, A majority of support (two-thirds) by the property owners is required to initiate the acceptance of private streeb'and infrastructure by the City of Beaumont. A copy of Resolution No. 17.073 approved by City Council ig attached Providing the guidelines for acceptance of private streets and infrastructue6 for maintenance by the City of Beaumont as labeled Exhibitv,, Name of Subdivision: Name: Phone: Email: 00, a 0M in," Submit Petition t,6% City of Beaumont Engineering Division �TTNTED NAME & ADDRE99 tuit be �glble SIGNATURE PARCEL 11D NUMBER "MIN $M—UMM" too PRINTED NAME & ADDRESS SIGNATURE PARCEL ID NUMBER (must be legible) Wo Tipu -rorn TuGKJ5 4 dOO IOU "-04 Titu Obo6kx"- " �t L 4)q(,p f6owt Tx -1"01 13t Mac A4 A!$ 4)t5c^jAer roA �4 A lit (P53 *Toi—ft3 00406rdo 47. 1 mfilf?o. D.60 llwr �►°rXo m to r/4 p CaX%q4 4 5 Wf3rale (A. 1114A —15 16 177 18 19 20 21 22 23 241 Y 2 19 a i I i 200 CRANT OF ROADWAY EASSNLNT To THE PubL1c THrt STATE OF TL%AS i 103 1XV ALL NEN by THESE PRESENT81 COUN1f OF JEFFEtSON 6 That we, AN1i10NY J. FASULO, SR., and NARY ARNSL rASULO, being the owners of the land% located in Jetfatoon County, Texas, being sort fully described as follows, tawtti WHO a 40 foot wide tract of land out of Lot 5, Block 8, of Nsecalder Pig, Acres Addition, a subdiviaien rtcordsd in Vol. 4, Fig* 149-130, of the Hap Records of Jtffareon County, Texas, and said 40 foot wide tract of lend being more particularly described by notes and bounds as followet FOR locative corner begin at a concrete monument in the Nest line of Nsseaidor Rand laceting the Northeast cornet of the Amelia Ttrrao Subdivisions THENCE East a distance of 55.0 feet to a point in the teat ri&i—Of-wsy lira of Neecalder Rood{ T11ENCE South with the lost line of Nescalder Road and at 1584.0 feet pass the Northwest corner of Lot 6, block 8. of said Nascalder Pig Acres and continue a total distance of 1866.3 feet to an iron stake placed for corner looting the Northwest and the beginning corner of the tract of land hartin doscribedl said iron stake also locates the Southwest cotntr of a previously doocribtd 1.41 acre tract; THENCE trot with the South line of said 1,41 acre txcct and with the North line of said 40 foot private road a distance of 877.0 feet to a point for corner in the East line of said Lot 5; THENCE South with the East line of Lot S a distance of 40.0 feet to a pciut for corner; THENCE Nest with the South line of said 40 foot private road a distance of 077.0 feet to a point for cornet in the test line of Nescalder Road; THENCE North with the said line a distance of 40.0 feet to the place of beginning. do hereby declare that %aid land& arm dedicated, and the ease are hereby dedicated to the public forever to be used as a public roadway. QI SS the execution hereof on WOE —day of,,1221eahcV, 1919. A. . PASULO. SR. A .. 111G ir"t Or lac COUNTY OF JEFFERSON BEFORE HI, the underolgnsd authority, on this day personally appeared A. J. BASULO, SR., and wife, NARY ARM TASULO, known to we to be the parsons whose namse Ara subscribed to thus foregoing instrusant, and acknowledged to sa that they executed the same for the purposes and eonsiderot o therein expressed. OlvEN UNDER hY NANO AND SEAL OF OFFICE on this day of November, 1979. o"s„ +uulgp� f r .iaf era0n COunty, exae. 14 ti M my /y its on lxp tell r { FILED FOR RECORD ' �'"soaezas JIFFfRt t ,ItXA1 DEC It It" AM %19 . Qtt,M.---00" I 1 r , I f.+M N hvrN„) W raw rr MJr MwN4: 'ri.IYY/.wYf. GwirA rS.X/j M,ur�r, �f /a1aA:+ !r+/, IJ awk+� M+r rJwr ✓ ,w JaY r nw, rt n� / Jam/ µ . M'WIa pw sw+rwj h/rartw ,>h W,, tifµw�Mniw /yMMrwTI RA A�'Y54 rFuµ nVeNlr✓ Aarerw4 /•'1' •,i4 "JI�� JA irJ,'1� , !%r Fru N+� M n✓r y11,14J ,w + 1YI }}�w.�. wM w/,/ •� r/aiMMN Kr w1 J+.J it 1. 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J., writ ,�Ky. is?, y(.,,I„(w,.+J✓ is ,: �},` . �..•. �f` o I I 6 -161 1±1 I I kVA f*1 PRIVATE STREET Request for Acceptance of Maintenance APIKU-71ON CHECKUST -,ZLeW0tRaquW Date Receirved: EasemeM Docurrat(s) Date RecetW: A Copy of Dead ftbWm Date ReWrad: Copy of Horne Owners Association Arnendments Date Received: Copy of Recorded Plat Date Reatved: All Records of Past Conshdon & Repairs Date Received: R/A Horne Owners Assodabon Naws & Rules Date Received: V' Private StWAmeptance Application Date Received: A(IA- Recorded Marnber Vote for Public Street Date Received: Please submit the above item marked with an T within thirty (30) days from the signed date below so your request is not delayed. AnWeb Hm* Dow Real Pmperty Coordinator Office: 409.880.3725 Emu: $hardy*e&umorrbxSs.goV A e ,J. �asu�s s oms Ae eii l -tAke Over OwAtr5h'p i' +cl ur '�✓ 0 roaIWa�f WOU"Alk WdWJ Ot)r Mal ME u A% COSY PAS THE sTATR or YMCAs T 7Y680i z COUM or JEFFERSON X A. J. FASCLO and wife MARX AMM, rASt O (heroin - after ra£erred to as "MOLCia"), ore the owners of a certain tract of land described in dead from: John B Payne to A J. rASULO dated April 12. 1969, out of the Reacalder Pig Acres Oubdivision, Jefforaoh County, Texas, as shown in the leap or Plat of said subdivision, recorded in Vol. 4, page 149 and 154 Plat Records of Jefferson County, Texas, hereinafter referred to as "TRACT A"i and WHBRRAB, FASCLUS desire to erect certain improvements on a certain portion of said TRACE A (hereinafter referred to as 'TRWT 8") more particularly described as follows, to -watt A part of Lots 5 & 6, .Block a of Wescaldor Fay Acme Subdivision, Jeffersm County, Texas, ` according to the plot recorded in Volumes 4, pages 149 and 150, Plat Records of aeffereoo County, Texas, MnUlm at the Worthwast corner of said Lot Six (6), Block Right (a), TOWS Easterly 275 foot with the Worth .lime of said Lot Six (6), block sight (a). THs Southerly 164 feat parallel with the West line of said Lot Sax (6). alock light (a) to the PLACE Or MWDD W of the tract heroin describadl THAICR Easterly 95 fast parallel with the north lane of said Lot six (6), Block light (a), to a point for corners TMMI southerly 106 feat, parallel with the nest line of said Lots 5 & 6, Block (a), to a point for corneal TRBMCR Westerly 95 foot, parallel with the North line of said Lot five (5), block flight (0), to a point for corners THEME Northerly 106 feet, parallel with the West line of said Lots Vivo and six (S) (6). Block Right (6), to beginning corner and PLACE Or EnrxKM. I WITHM OUR nm" this 70. A. 'Y.Olagulo "M OUT% of Two :Comm, w MIRMCM MM*19 HX# the Undersigned authority, on this day person- ally appeared before me A. a. FAgUW and jt'jfg NARY AM= PASUW' knwA to me to be the persons Whose na"s are subscribed to the MbOVQ And fmajoxnq xnatrament, who ackn6itledged to me that they executed the a4m for the purpogam and Consideration therein Stated. WITSESS KY WM AND ORAL qXp OppMj, this day of Notary Public, j4fferson County, T"lls. Of jv MIX M44'7-60' Aid UUMIT A HDN JMIZ 95a AHM 165 City of Beaumont Private Street and Infrastructure Acceptance Application Date a. Subdivision Name! eI-Q, ""' A.VM14 'Lit Phages.. lA—,d� Contact Name Address ZIP Phone all JdrA 1,6)kft..j gqqq Wseldeir rd,11701 'qg REQUIRED DOCUMENTATION SUBMITTED WITH THIS APPLICATION: ffIle �C9ples of the recorded plot "ementdmuments El Construction and maintenance records 13 Hqme Owners' Association rules, deed restrictions and any amendments Cl Rocorded Member Vote requesting private streets) to become public strett(s) NOTICH: BY SIGNING THIS FORM I ASSERT THAT I AM A REPRESENTATIVE OF THIS SUBDIVISION PROPERTY OWNERS' ASSOCIATION AND HAVE BEEN DULY AUTHORIZED TO SUBMIT THIS REQUEST ON BEHALF OF THE ASSOCIATION, ALSO, I HEREBY ASSERT THAT ALL REQUIRED DOCUMENTATION IS BEING SUBMITTED AT THE TIME OF APPLICATION, ALSO, I AGREE TO ADHERE TO THE "GUIDELINES FOR ACCEPTANCE OF PRIVATE STREET AND 1NFWTqVCTURX FOR HAINTiWANCEBY THE CITY OFBEWAtONT,11 AS ADOPTED BY, THE CITY COUNCIL OF THE CITY OF BEAUONT, TEXAS, 'I ALSO DECLARE THAT THE INFORMATION PROVIDED ON THIS FORM IS TRUE AND CORRECT, OLOx -SIGNATURE OF AUTHORIZED AGENT DATE SIGNATURE OF AUT14ROIZED AGENT DATE ACCEPTED BY: DATE RECEIVED: BERUMONTk PUBLIC WORKS DEPARTMENT/ENGINEERING DIVISION PETITION FOR ACCEPTANCE OF PRIVATE STREETS AND INFRASTRUCTURE Tho undersigned owners of real property abutting or having sale legal access to the hereafter road in the City of Beaumont, Jefterm County, Texas, do hereby file this, their petition, with the City of Beaumont. A majority of support (two-thirds) by the property owners is requited to initiato the acceptance of private streets and infrastructure by the City of Beaumont, A copy of Resolution No, 17.073 approved by City Council is attached providing the guidelines far acceptance of private streets and infrastructure for maintenance by the City of Beaumont as labeled Exhibit "K'. Nam of Subdivision: MIT Ifft 1pleddevit-GOMISO Name: A A lwleft?j Phone: &A-AN-181 NP111 Email: At /A 1A9Ljd.�V.0r*N S. bMLeffJ^J9 0- Submit Petition to: City of Beaumont Engineering Division ED NAME & ADDRESS SIGNATURE PARCEL ID NUMBER go 01.0 A