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HomeMy WebLinkAbout09/27/2022 PACKETTEXAS MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS CITY HALL 801 MAIN STREET TUESDAY, SEPTEMBER 27, 2022 1:30 PM AGENDA CALL TO ORDER Invocation Pledge Roll Call * Proclamations, Presentations and Recognitions * Public Comment; Persons may speak on the Consent Agenda and Items 10-12 Consent Agenda CONSENT AGENDA (Items placed on the Consent Agenda are considered routine in nature and are considered non -controversial. The Consent Agenda can be acted upon in one motion. A consensus of the Council is required to remove any item for discussion and separate action.) A. Approval of the September 20, 2022 City Council Meeting Minutes B. Authorize the City Manager to execute Change Order No. 2, accept maintenance, and authorize final payment to BDS Constructors, LLC, d/b/a MK Constructors, for the Spindletop, Forrest & Long, French Road, M.L. King, Jr. Parkway, and Verone Lift Stations Rehabilitation Project C. Authorize the Chief Financial Officer to execute all documents necessary to accept federal funding from. the Texas Department of State of Health Services (DSHS) awarded to the Beaumont Public Health Department for Tuberculosis Prevention and Control D. Authorize the settlement of the lawsuit styled Jolena Watson vs. Dereck Jenuiische; Cause No. D-209945 REGULAR AGENDA 1. Consider a request for a Specific Use Permit to allow a tool rental store in the GC - MD (General Commercial -- Multiple -Family Dwelling) District located at 2484 West Cardinal Drive, Suite 1 2. Consider a request for a Specific Use Permit to allow an auto paint and body shop in the GC -MD (General Commercial — Multiple -Family Dwelling) District located at 5440 Highway 105 Consider a request for a Specific Use Permit to allow a healthcare training facility in the RCR (Residential Conservation Revitalization) District located at 4570 Highland Avenue 4. Consider a request for a Specific Use Permit to allow a primary care facility in the GC-MD-2 (General Commercial — Multiple Family Dwelling-2) District located at 6480 Delaware Street Consider a request for Specific Use Permit to allow a Recreational Vehicle Park in the GC -MD (General Commercial --Multiple Family Dwelling) District located at 1580 W. Florida Avenue 6, Consider a request for a Rezone from. RS (Residential Single -Family Dwelling) to PUD (Planned Unit Development) with a Specific Use Permit to allow a church camp, retreat and youth center located at 7855 Tram Road 7. Consider a request for a Specific Use Permit to allow a garage apartment in an RS (Residential Single Family Dwelling) District located at 1050 Avalon Street $, Consider a request for a Specific Use Permit to allow a fuel and convenience store with a washateria and general retail in an GC-MD-2 (General Commercial — Multiple -Family Dwelling - 2) District located at 4320 N. Major Drive 9. Consider a request for a Rezone from LI (Light Industrial) to RS (Residential Single -Family Dwelling) with a Specific Use Permit to allow the expansion of a mobile home park located at 6650 Broadoak Street 10. Consider approving the purchase of two added modules to the software solution for city council video management (Swagit) from Rock Solid, Inc of Dallas, Texas 11. Consider approving the write-off of uncollectible water accounts WORK SESSION Review and discuss the creation of an ad hoc Downtown P1amling & Development Advisory Committee to advise and act as a steering committee for planning and development efforts in Downtown Beaumont 12. Consider a resolution approving the creation of an ad hoc Downtown Planning & Development Advisory Committee COMMENTS Public Comment (Persons are limited to 3 minutes) Councilmenxbers/City Manager/City Attorney comment on various matters Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact Kaltrina Minick at 890-3777. 0 TEXAS TO: City Council FROM: Kenneth R, Williams, City Manager PREPARED BY: Tina Broussard, TRMC, City Cleric MEETING DATE: September 27, 2022 REQUESTED ACTION: Council consider approval of the September 20, 2022 City Council Meeting Minutes. T E X A S MINUTES OF THE CITY OF BEAUMONT COUNCIL MEETING Albert "A.J." Turner Jr., At -Large ROBIN MOUTON, MAYOR Randy Feldschau, At -large Taylor Neild, Ward I CITY COUNCIL MEETING Michael Getz, Ward II Audwin Samuel, Ward III SEPTEMBER 20, 2022 Chris Durio, Mayor Pro Tom Tina Broussard, City Clerk Kenneth R. Williams, City Manager Sharae Reed, City Attorney The City Council of the City of Beaumont, Texas, met in a regular session in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551 on September 20, 2022, at the City Hall Council Chambers, 801 Main Street, Beaumont, Texas, at 1:30 p.m. to consider the following: OPENING Invocation Pledge of Allegiance Roll Call Proclamations, Presentation and Recognition Public Comment: Persons may speak on the Consent Agenda and Agenda items 1-3 Mayor Pro Tern Durio called the council meeting to order at 1:30 p.m. Pastor Carlton Sharp with Faith Christian Center Church gave the invocation. Mayor Pro Tem Durio led the Pledge of Allegiance. Roll call was made by Tina Broussard, City Clerk. Present at the meeting were Mayor Pro Tern Durio, Councilmembers Getz, Turner, Feldschau, and Samuel. Absent: Mayor Mouton and Councilmember Neild. Also, present were Kenneth R. Williams, City Manager; Sharae Reed, City Attorney; Tina Broussard, City Clerk. Proclamations, Presentation, Recognitions None Mayor Pro Tom Durio read the announcement regarding Executive Session being held atthe conclusion of Public and Councilmember Comments. Public Comment: Persons may speak on the Consent Agenda and Agenda Items 1-3 None CONSENT AGENDA (Items placed on the Consent Agenda are considered routine in nature and are considered non -controversial. The Consent Agenda can be acted upon in one motion. A consensus of the Council is required to remove any item for discussion and separate action.) A, Approval of the September 13, 2022, City Council Meeting Minutes Minutes — September 20, 2022 B. Authorize the City Manager to renew a contract with Motorola Solutions Inc. - Resolution 22-220 C. Approve a resolution changing authorized signatories for any institution the City Council has already designated or may designate as a depository for the City of Beaumont for banking - Resolution 22-221 D. Approve a resolution requesting a change in investment authority for the City of Beaumont - Resolution 22-222 E. Approve a resolution changing authorized representatives for Texas Range Investment Program - Resolution 22-223 F. Approve a resolution changing authorized representatives for Texas Local Government Investment Pool (TexPool), a public funds investment pool- Resolution 22-224 G. Authorize the City Manager to receive funding from the Department of Homeland Security 2022 Port Security Grant Program Resolution 22-225 Councilmember Samuel moved to approve the Consent Agenda. Councilmember Feldschau seconded the motion. AYES: MAYOR PRO TEM DURIO, COUNCILMEMBERS GETZ, TURNER, FELDSCHAU AND SAMUEL NAYS: NONE MOTION PASSED AGENDA 1. Consider an ordinance amending the FY 2022 Budget. In accordance with Article Vf of the City Charter, the City Manager shall strictly enforce the provisions of the budget as specified in the ordinance adopting the budget. He shall not authorize or approve any expenditure unless an appropriation has been made in the budget ordinance adopting the budget, and there is an available unencumbered balance of the appropriation sufficient to pay the liability to be incurred. Approving the proposed amendments will ensure that expenditures are within the approved budget and that interfund transfers are in accordance with financial policies as approved within the budget document. The details of the proposed amendments are as follows: 1. Internal Service Funds are funded through transfers from other funds and/or user fees from the departments that they support. The General Liability Fund does not charge user fees but relies solely on transfers to fund its operations. A transfer of $1,200,000 ($1.14 million from the General fund and $60,000 from the Solid Waste Fund) is being proposed this fiscal year to strengthen the fund balance for FY 2023. Also, the General Liability Fund is projected to exceed budgeted expenditures by $2,439,700 Minutes — September 20, 2022 due to a settlement with the county. A budget amendment in the amount $2,550,000 is being proposed to cover the overage and to appropriate an extra contingency for any other unforeseen expenditures that may occur. General Liability Fund Original Budget Proposed Amendment Amended Budget Total Revenues $4,000 $1,200,000 $1,204,000 Total Expenditures $914,200 $2,550,000 $3,464,200 2. The Employee Benefits Fund has a proposed budget amendment in the amount of $4,000,000 ($3.76 million from the General Fund, $200,000 from the Solid Waste Fund, and $40,000 for the Hotel Occupancy Tax Fund) to offset increased expenses. Also, the Employee Benefits Fund is projected to exceed budgeted expenditures by $1,860,000 due to high health claims. A budget amendment in the amount $2,000,000 is being proposed to cover the overage and to appropriate an extra contingency for any other unforeseen expenditures that may occur. Employee Benefits Fund Original Budget Proposed Amendment Amended Budget Total Revenues $23,034,600 $4,000,000 $27,034,600 Total Expenditures $25,360,200 $2,000,000 $27,360,200 3. The Solid Waste Fund is projected to exceed budgeted expenditures by $900,000 due to overtime, inflation, a $60,000 transfer to General Liability fund as mentioned in item 1 and a $200,000 transfer to the Employee Benefit fund as mentioned in item 2. A budget amendment in the amount $1,100,000 is being proposed to cover the overage and to appropriate an extra contingency for any other unforeseen expenditures that may occur. Solid Waste Fund Original Budget Proposed Amendment Amended Budget Total Expenditures $12,970,500 $1,100,000 $14,070,500 4. The Municipal Airport Fund is projected to exceed budgeted expenditures by $203,500 due to inflation and an unbudgeted purchase of a flight simulator. An amendment in the amount of $250,000 is being proposed to cover the overage and to appropriate an extra contingency for any other unforeseen expenditures that may occu r. Municipal Airport Fund Original Budget Proposed Amendment Amended Budget Total Expenditures $1,027,400 $250,000 $1,277,400 5. The Municipal Transit Fund is expected to exceed the budget by $343,100 due to increased fleet and repair costs. An amendment in the amount of $500,000 is being proposed to cover the overage and to appropriate an extra contingency for any other Minutes -- September 20, 2022 unforeseen expenditures that may occur. Also, $3,000,000 is being transferred from the General Fund to support operational costs in FY23. Municipal Transit Fund Original Budget Proposed Amendment Amended Budget Total Revenues $10,068,700 $3,000,000 $13,068,700 Total Expenditures $11,322,500 $500,000 $11,822,500 6. A budget amendment in the amount of $900,000 is proposed cover the city's match regarding tropical storm Laura. These funds will be transferred from the General Fund. Laura Recovery Fund Original Budget Proposed Amendment Amended Budget Total Revenues $3,827,797 $900,000 $4,727,797 7. Transfers in the amount of $16,760,000 are being proposed in the General Fund. A $6.6 million transfer to the Capital Reserve Fund is being recommended to help fund costs that are being proposed in the FY23 Budget, $1.14 million to the General Liability Fund as mentioned in item 1, $3.76 million to the Employee Benefits Fund as mentioned in item 2, $3 million to the Municipal Transit Fund to help cover operating costs as mentioned in item 5, $900,000 to the Laura Recovery Fund to cover the city's match regarding tropical storm Laura as mentioned in item 6, and $1.46 million to the General Improvements Fund. Capital Reserve Fund Original Budget Proposed Amendment Amended Budget Total Revenues $3,959,700 $6,500,000 $10,459,700 General Fund Previously Proposed Amendment Final Amended Amended Budget Budget Total Expenditures $139,912,500 $16,760,000 $156,672,500 8. The Debt Service Fund has a proposed budget amendment in the amount of $4,100,000 due to a $3,765,000 transfer to the Streets Improvement Fund and related bond sale costs. Debt Service Fund Original Budget Proposed Amendment Amended Budget Total Expenditures $17,697,900 $4,100,000 $21,797,900 9. The Fleet Management Fund is projected to exceed budgeted expenditures by $615,600 due to inflation. An amendment in the amount of $800,000 is being Minutes — September 20, 2022 proposed to cover the overage and to appropriate an extra contingency for any other ilnfnreseen expenditures that may occur. Fleet Management Fund Original Budget Proposed Amendment Amended Budget Total Expenditures $9,677,700 $800,000 $10,477,700 10. The Hotel Occupancy Tax Fund is projected to exceed budgeted expenditures by $40,000 due transfer to the Employee Benefits fund as mentioned in item 2. An amendment in the amount of $50,000 is being proposed to cover the overage and to appropriate an extra contingency for any other unforeseen expenditures that may occur. Hotel Occupancy Tax Fund Original Budget Proposed Amendment Amended Budget Total Expenditures $4,209,300 $50,000 $4,259,300 11. The Covid-19 Fund is projected to exceed budgeted expenditures by $1.8 million due to unforeseen covid costs. An amendment in the amount of $2 million is being proposed to cover the overage and to appropriate an extra contingency for any other unforeseen expenditures that may occur. COVID-19 Fund Original Budget Proposed Amendment Amended Budget Total Expenditures $2,000,000 $2,000,000 $4,000,000 Councilmember Samuel moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE AMENDING THE FISCAL BUDGET OF THE CITY OF BEAUMONT FOR THE FISCAL YEAR 2022 TO APPROPRIATE ADDITIONAL REVENUES IN THE GENERAL LIABILITY, EMPLOYEE BENEFITS, MUNICIPAL TRANSIT, LAURA RECOVERY, AND CAPITAL RESERVE FUNDS; TO APPROPRIATE ADDITIONAL EXPENDITURES IN THE GENERAL LIABILITY, EMPLOYEE BENEFITS, SOLID WASTE, MUNICIPAL AIRPORT, MUNICIPAL TRANSIT, GENERAL DEBT SERVICE, FLEET MANAGEMENT, HOTEL OCCUPANCY TAX, AND COVID-19 FUNDS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR REPEAL. Councilmember Feldschau seconded the motion. AYES: MAYOR PRO TEM DURIO, COUNCILMEMBERS GETZ, TURNER, FELDSCHAU AND SAMUEL NAYS: NONE MOTION PASSED Ordinance 22-053 2. Consider authorizing the City Manager to execute Change Order No. 1 to the contract with Allco, LLC for the Collier's Ferry Pump Station Project. On April 12, 2022, by Resolution No. 22-108, City Council awarded a contract to Allco, L.L_C, Minutes — September 20, 2022 of Beaumont, in the amount of $25,088,259.00 for the Collier's Ferry Pump Station Project. Proposed Change Order No. 1, in the amount of $152,935.00, is required to re-route an existing eiectrical duct bank that conflicts with the tunneling shaft. Refer to the attached drawing for the layout of the existing duct bank shown as a red line, the new duct bank shown as a green line, and the tunnel shaft shown as a blue circle. No additional days will be added to the contract for the additional work. If approved, Change Order No. 1 will result in a new contract amount of $25,241,194.00 The contractor's initial plan was to begin excavation at the Lawson RWPS tunneling shaft and work towards the intermediate shaft. During layout and excavation, a duct bank was discovered to be Crossing through the location of the tunneling shaft. Upon further investigation it was discovered that the duct banks with electrical and control wires for the Fine Screens were not installed per the record drawings for the 2001 Lawson RWPS Phase I Improvements. The contractor has revised their schedule to begin work at the Collier's Ferry Park Pump Station and work towards the intermediate shaft to give Allco and their electrical subcontractor time to reroute the duct banks that are in conflict with the shaft excavation. Funds will come from the Capital Program and FEMA. Approval of the resolution. Councilmember Samuel moved to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE CHANGE ORDER NO. 1, IN THE AMOUNT OF $152,936.00, FOR ADDITIONAL WORK, THEREBY INCREASING THE TOTAL CONTRACT AMOUNT TO $25,241,194.00 FOR THE COLLIER'S FERRY PUMP STATION PROJECT. Councilmember Feldschau seconded the motion. AYES: MAYOR PRO TEM DURIO, COUNCILMEMBERS GETZ, TURNER, FELDSCHAU AND SAMUEL NAYS: NONE MOTION PASSED Resolution 22-226 3. Consider approving the write-off of uncollectible delinquent accounts. This request is in accordance with the write-off policy approved by City Council on December 21, 1999. The policy gives Council the final authority to write-off an individual account receivable identified as uncollectible when the balance due exceeds $1,000.00, Accounts included are for transactions prior to July 2021 which have been sent to the collection agency and collection efforts have been unsuccessful for more than one year. A summary by receivable type is shown below. Demolition w $9,600.00 The original charge date is August 2019. EMS Ambulance Charges - $465,476.57 Minutes — September 20, 2022 These charges from ambulance transports include uninsured claims or co -pay and deductibles that the customer is responsible for. The Original charge dates range from 2018 to 2021. General Nuisance - $3,800.00 The original charge dates range from 2018 to 2019. Weed Abatement Charges - $26,089.69 The original charge dates range from 2017 to 2020. Total to be written off - $5047966.26 If at any time an account becomes collectible after having been written off, the receivable shall be adjusted accordingly. The balance of the account shall be reinstated, and payments shall be applied to that balance. Approval of resolution. Councilmember Feldschau moved to APPROVE A RESOLUTION THAT THE CITY COUNCIL HEREBY APPROVES THE WRITE-OFF OF THE FOLLOWING UNCOLLECTIBLE DELINQUENT ACCOUNTS TOTALING $504,966.26 FOR WHICH EACH INDIVIDUAL ACCOUNT EXCEEDS $1,000, AND IF AT ANY TIME, AN ACCOUNT BECOMES COLLECTIBLE AFTER HAVING BEEN WRITTEN OFF, THE RECEIVABLE SHALL BE ADJUSTED ACCORDINGLY AND THE BALANCE OF THE ACCOUNT SHALL BE REINSTATED AND PAYMENTS SHALL BE APPLIED TO THAT BALANCE. Councilmember Turner seconded the motion. AYES: MAYOR PRO TEM DURIO, COUNCILMEMBERS GETZ, TURNER, FELDSCHAU AND SAMUEL NAYS: NONE MOTION PASSED Resolution 22-227 PUBLIC HEARING Receive comments on the 2021 Consolidated Annual Performance and Evaluation Report (CAPER) Public Hearing Open: 1:56 p.m. None Public Hearing Close: 1:56 p.m. WORK SESSION - TABLED Review and discuss the creation of an ad hoc Downtown Planning & Development Advisory Committee to advise and act as a steering committee for planning and development efforts in Downtown Beaumont COMMENTS Minutes — September 20, 2022 Public Comments (Persons are limited to three minutes) William Johnson 1045 Madison Ave. Beaumont TX Spoke to Council regarding his water bill, stated that he found out he was entitled to a senior citizens discount, he received the discount for a month or so, one bill came in for a little over $48,00, another for $60.00 and the last one came in at $77.00, wants to knowwhere's all the water going, Monday this week he received another bill that shows he owes a little over $82.00 which is due on the `loth, stated he spoke with Water Customer Service and is trying to understand how he could be receiving a bill for $82.00 when he just paid his last bill on the 91h and is already receiving another bill, he's asking for help because he doesn't understand how he's being billed Robert Benoit Center St. Beaumont TX Commented on the Beaumont Police Department, stated that between December 24, 2021, and February 3, 2022, the police kicked in his door thirty five (35) times with no search warrant and roughed him up, he's a disabled veteran, he was locked up for nine (9) months, he lost nine months of his life incarcerated because of the Beaumont Police Department, they also had one of his houses red tagged, had his truck impounded and he couldn't get it back, he had three roommates living with him, read a statement from one of his roommates, they harassed all of them, he doesn't deserve to be treated like this by the police department and somebody needs to do something, the police department is out of control Latosha Beaumont TX Stated that she's a victim of judicial misconduct, there's a lot of strange and unethical things that have happened with her case in the last week, she received an email on the day of her hearing which was August 15, 2022, stating that her hearing was cancelled or paused, she received another email stating that her motion for another venue would be decided by another judge in the same courthouse, she put in a motion to transfer venues on August 10, 2022, still hasn't gotten a hearing date, made additional comments about the other judge that's taking over her case as well as her attorney that she fired, that same attorney unethically cashed her insurance claim check and didn't give her anything, he stated that the $38,000.00 is what she owed him for fees and expenses, she contacted her insurance company adjuster who referred her to someone else, stated she will expose the entire city Councilmembers/City ManagerlCity Attorney comments on various matters COUNC[LMEMBER COMMENTS MAYOR PRO TEM DURIO - HAD AN OPPORTUNITY TO PRESENT A PROCLAMATION FOR NATIONAL VOTER REGISTRATION DAY, AT THE JEFFERSON Minutes - September 20, 2022 COUNTY COURTHOUSE, SPONSORED BY FORMER COUNCILMEMBER BOBBIE PATTERSON, FOUNDER OF OPERATION ONE VOTE, ALSO THERE WAS A CANDIDATE FORUM ALONG WITH THE NEW VOTING MACHINES, STATED THAT IF CITIZENS AREN'T FAMILIAR WITH THE NEW VOTING MACHINES, ENCOURAGED THEM TO GO TO THE JEFFERSON COUNTY COURTHOUSE AND FAMILIARIZE THEMSELVES WITH THE NEW MACHINES BEFORE EARLY VOTING AND ELECTION DAY AND TO PLEASE GET OUT AND VOTE, WISHED COUNCILMEMBER SAMUEL A HAPPY BIRTHDAY AS WELL AS CITY ATTORNEY, SHARAE REED WHICH IS TOMORROW COUNCILMEMBER GETZ - CONGRATULATED THE ASTROS ON CLINCHING THE WESTERN DIVISION ON LAST NIGHT COUNCILMEMBER TURNER - HAD AN OPPORTUNITY TO READ A PROCLAMATION ON BEHALF OF COUNCIL THIS PAST SATURDAY FOR NATIONAL SICKLE CELL AWARENESS MONTH, THE FAMILY OF A YOUNG LADY NAME KENNEDY WHO PASSED AWAY DID THIS IN HER MEMORY, WANTED EVERYONE TO KNOW THAT THE MONTH OF SEPTEMBER IS SICKLE CELL AWARENESS MONTH, THANKED KENNETH WILLIAMS, CITY MANAGER FOR ALL THAT HE'S DONE SO FAR, HAS HEARD REALLY GOOD THINGS FROM STAFF AS WELL AS CITIZENS COUNCILMEMBER FELDSCHAU - WISHED COUNCILMEMBER SAMUEL A HAPPY BIRTHDAY COUNCILMEMBER SAMUEL - NONE COUNCILMEMBER NEILD - ABSENT CITY ATTORNEY REED - NONE CITY MANAGER WILLIAMS - COMMENTED ON THE CONVERSATION THAT WAS HELD EARLIER BY COUNCIL REGARDING THE SAFETY OF THE SOLID WASTE DRIVERS, HE WILL BE SPEAKING WITH DEPARTMENT HEADS, AS FAR AS THE SOLID WASTE ROUTES, HE WILL BE LOOKING AT SAFETY AUDITS, HE WILL SPEAK WITH BENGY WILLIAMS FIRST TO GET SOME FEEDBACK, HIS PLAN 1S TO RIDE ALONG WITH SOME OF THE DRIVERS TO SEE WHAT THEY GO THROUGH AS WELL AS RIDING ALONG WITH SOME POLICE OFFICERS CITY CLERK BROUSSARD - NONE CFO SIMONEAUX - NONE MAYOR MOUTON - ABSENT Open session of meeting recessed at 2:11 p.m. Minutes —September 20, 2022 EXECUTIVE SESSION Consider matters related to contemplated or pending litigation in accordance with Section 551,071 of the Government Code: Jolen Watson vs. Dereck Jennische; Cause No. D-0209945 Chris Durio, Mayor Pro Tern Tina Broussard, City Clerk Minutes — September 20, 2022 r AMU TEXAS TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Bart Bartkowiak, Director of Public Works & Technology Services MEETING DATE: September 27, 2022 RE, QUESTE ACTION: Council consider a resolution authorizing the City Manager to execute Change Order No. 2, accept maintenance, and authorize final payment to BDS Constructors, LLC, d/b/a MK Constructors, for the Spindletop, Forrest & Long, French Road, M.L. King, Jr. Parkway, and Verone Lift Stations Rehabilitation Project, BACKGROUND On May 11, 2021, by Resolution No. 21-120, City Council awarded a contract to BDS Constructors, LLC, d/b/a MK Constructors, of Vidor, in the amount of $876,446.00, for the Spindletop, Forrest & Long, French Road, M.L. King, Jr. Parkway, and Verone Lift Stations Rehabilitation Project. Previous Change Order No. 1 is attached for your review. Proposed Change Order No. 2, in the amount of ($47,500.00), is required to adjust the estimated quantities in the contract to reflect the actual quantities used in the completion of the project. A total of 227 calendar days are required to be added to the contract time to reflect the actual contract time used. The calendar days were added to account for delays and time suspensions due to supply chain issues. If approved, the adjustment in quantities would result in a final contract amount of $828,946.00. The project has been inspected by Water Utilities and found to be complete in accordance with the provisions and terms set out in the contract. Acceptance of Change Order No. 2, maintenance, and final payment in the amount of $41,447.30 is recommended. FUNDING SOURCE Capital Program. RECOMMENDATION Approval of the resolution. RESOLUTION NO, 21-120 WHEREAS, the City of Beaumont solicited bids for furnishing all labor, materials, equipment, and supplies for the Spindletop, Forrest & Long, French Road, M.L, King, Jr. Parkway, and Verone Lift Stations Rehabilitation Project; and, WHEREAS, BDS Constructors, LLC, d/b/a MK Constructors, Vidor, Texas, submitted a bid in the amount of $876,446.00; and, WHEREAS, the City Council is of the opinion that the bid submitted by BDS Constructors, LLC, dib/a MK Constructors, Vidor, Texas, is the lowest responsible bidder providing services at the best value to the City and should be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT the City Council hereby approves the award of a contract to BDS Constructors, LLC, dib/a MK Constructors, Vidor, Texas, in the amount of $876,446.00, for the Spindletop, Forrest & Long, French Road, M,L, King, Jr. Parkway, and Verone Lift Stations Rehabilitation Project; and, BE IT FURTHER RESOLVED THAT the City Manager be and he Is hereby authorized to execute a contract with BDS Constructors, LLC, d/b/a MK Constructors, Vidor, Texas, for the purposes described herein. The meeting at which this resolution was approved was in all things conducted In strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 561. PASSED BY THE CITY COUNCIL of the City of Beaumont this the f 1th day of May, 2021. p.1.1MONr ���VMayoFBecky Ames - APPROVAL OF CONTRACT CHANGE CHANGE ORDER No, one (1) DATEI January 19, 2022 PROJCCTi City of Beaumont, Texas Spindletop, Forrest & Long, French Road, M.L. King, Jr„ and Verona Litt Stations Relinhllltatlon Rid No, WU0121-13 OWNER! City of Reatlrnont,Texas 801 Main Street Beaumont, Toxas 77704 CONTRACTORi MK Constructors 2405 North Street Vldor, Texas 77662 TO THE OWNERt Approval of ilia following coalracE change Is requested. Jteason for Change; To furnish all labor, motertals and equipment to Install support brackets on the discharge piping Inside ilia Verona Lift Station ORIGINAL CONTRACTAMOUNTr S 076.44UQ THIS CHANGE ORDER Itam PCMIDUD11 7 Miscellaneous Repairs Allowance- Reduce the Mlscellalleous Repairs Allownnce by $2,500.00 to fur+tlsh $ (21500.00) all labor, materials and equipment to Install support brackets on the discharge piping Inside the Verona Lift Station wet well. Remalning Allowance = $50,000.00 - $2,500.00 = $47,500.00 New Itern Furnish all labor materials and equipment to Install support brackets on the discharge piping Inside the $ 2,500.00 Verona Llft Station wet well, ADD $2,500.00/Lump Sum TOTAL AMOUNT OF THIS CHANGE ORDER: $ 0.00 TOTAL REVISED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDF.RI 4 8 G G 00 PERCENT OF THIS CHANGE ORDER 0.009 TOTAL PERCENT CHANG E ORDER TO DATE 0,00% CONTRACT TIME orlglnalContractTlme; 10o calandar days Additional Contract Time per Previous Change orders 0 mlendar clays Additional Contract Time per this change Orders 0 calandar days Revised contract Time 100 caiendardays CONDITION OF CHANGE; "Contractor acknowledges and agrees that the adjustments In contract price and contract time stipulated In this Change Order represents foil compensation for all Increases and decreases It ilia cost of, and ilia time required to perform ilia entire work tinder the Contract arising directly or Indirectly from this Change order and all prevlolis change Orders. Acceptance of this waiver constitutes an agreement between Owner and Contractor that the Change Order represents an nil inclusive, mutually agreed upon adjustment to the Contract, and that Contractor will waive all rights to file a claim oil this change Order after It Is property executed," Acc%,ad : iReY��� It law y: MK'constriic ors Amalla VIIIaFfeaall,,1P,E, rt Etartkowla Contractor City Enghleer Director of Public Works o nd Technolo/gy servlce Dale: \ �"�� Date: �5 a Data /"1, Recn �nme d-by Approvad by: [ A a led by: Schaumbur & Polk, Inc, Kyle Hayes Tina Broussard Enstneeee() 0p �% CRYManager Cltyclerk 01) Ua1aS(f�g 6� Dalei Date: 0 111111im a q k Ells ., s g o p o a o g n 9 9 ���yyYgYq+ y� OO pp p� pq a N� � 7 H N N ✓I N VI YF VI H N YI VI „ V4 N V} VI V7 u! VI VS Vi Vl Vi fA VY VI Vr V1 N pp r7 M H H M ri H H H H H �i H M M M H H H NN R 0. tl 0 z ;g M 10 a lJ V N R V 'tl Q1 4+ h6 w i � .k• y � � fy N � N ti AM I m IAM w H z w eo x - -•, x ... � V I. a u •ey u w ep .K vn ro a w ems" 91pp 1spp � b ti o ti 6 O O O O O $ 6 ^ O H 1 H I�F M V�i Yi a �t N M V1 N N h � � � `'� c�i w a w •c � �c +u �d � p$} n ��!^^! �tryj y}� w N N N N N V1 VV N V1 V! N V! N VS 0 V1 N W W �l M :j n �-i 'i rF rt H ri N N N ri rl rl e-I .i ri 'i rS rl 0 � � rl � Lj � id •g � � y H a z RESOLUTION NO. WHEREAS, on May 11, 2022 the City Council of the City of Beaumont passed Resolution No. 21-120 awarding a contract in the amount of 876,446.00 to BDS Constructors, LLC, dlbla MK Constructors, of Vidor, Texas, for the Spindletop, Forrest & Long, French Road, M.L. King, Jr. Parkway, and Verone Lift Stations Rehabilitation Project; and, WHEREAS, Change Order No. 2, in the amount of ($47,500.00), is required to adjust the estimated quantities in the contact to reflect the actual quantities used in completion of the project., thereby reducing the total contract amount to $828,946.00; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT the City Manager be and he is hereby authorized to execute Change Order No. 2, in the amount of ($47,500.00), thereby reducing the total contract amount to $828,946.00 for the Spindletop, Forrest & Long, French Road, M.L. King, Jr. Parkway, and Verone Lift Stations Rehabilitation Project. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 27th day of September, 2022. - Mayor Robin Mouton - APPROVAL OF CONTRACT CHANGE CHANGE ORDER No. Two (2) & Final DATE: September 13, 2022 PROJECT: City of Beaumont, Texas Spindletop, Forrest & Long, French Road, M.L. King, Jr., and Verone Lift Stations Rehabilitation Bid No. WU0121-i3 OWNER: City of Beaumont, Texas 801 Main Street Beaumont, Texas 77704 CONTRACTOR: MK Constructors 2485 North street Vidor, Texas 77662 TO THE OWNER, Approval of the following contract change Is requested, Reason for Change: To adjust final quantities antl cataract time ORIGINAL CONTRACT AMOUNT: B76 446,00 REVISED CONTRACT AMOUNT PER PREVIOUS CHANGE. ORDERS: a76,446.00. THIS CHANGE ORDER ltet� ©escrlption 7 Miscellaneous Repairs, DELETE the unused allowance, $47,500,00/Is $ (47,500.00) TOTAL AMOUNT OF THIS CHANGE ORDER: $ (47,500.00) TOTAL REVISED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER: $ 820 946.00 PERCENT OF THIS CHANGE ORDER -5.42% TOTAL PERCENT CHANGE ORDER TO DATE -5.42% CONTR ACT TI M E 180 calendar days Original Contract Time; Additional ContractTlme per this Change Orders 31 calendar days suspend time (8/26/21 to 9/26/21) suspend time (12/2/21 to 4/19/22) 158 calendar days Entergydelays 53 calendar days Weaklier delays 5 calendar days Revised Contract 1411 n 407 calendar days CONDITION OF CHANGE: "Contractor acknowledges and agrees that the adjustments In contract price and contract time stipulated In this Change Order represents full compensation for all Increases and decreases In the cost of, and the time required to perform the entire work under the Contract arlsing directly or Indirectly from this Change order and all previous Change orders. Acceptance of this waiver constitutes an agreement between Owner and Contractor that the Change Order represents an all Inclusive, mutually agreed upon adjustment to the Contract, and that Contractor will Waive all rights to file a claim on this Change order after it Is properly executed." Accented by: MK Constructors Contractor Date; schaumbur & Polk, Inc. Englne� l/ 6 f �� Mai 1 I Reviewed by: Amapa Villarreal, P.E. City Engineer Date:ot j t Approved by: Kenneth R. Wliliams City Manager Date: Review by: i3art Bartkowiak Director of Public Works and Technology services (late; Attested by; Tina Broussard Cityclerk Data: m X W 1�i TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Kemaeth Coleman, Public Health Director MEETING DATE: September 27, 2022 REQUESTED ACTION: Council consider a resolution authorizing the Chief Financial Officer to execute all documents necessary to accept federal funding from the Texas Department of State of Health Services (DSHS) in the amount of $100,148,00 awarded to the Bcaumont Public Health Department. BACKGROUND The Texas Department of State Health Services has awarded the Beaumont Public Health Department federal funding for Tuberculosis Prevention and Control in the amount of $100,148.00. This funding will assist the Beaumont Public Health Department with operating a clinical program to prevent and control tuberculosis. This contract will begin 01/01/2023 and end on 12/31/2023. FUNDING SOURCE There is a 20% match. Finance has approved. General Fund -Public Health, RESOLUTION Approval of the resolution, RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager or the Chief Financial Officer be and they are hereby authorized to execute all documents necessary to accept funding from the Texas Department of State Health Services (DSHS) for Tuberculosis Prevention and Control in the amount of $100,148.00, effective upon signature through December 31, 2023, to assist the Beaumont Public Health Department with increasing vaccination rates to the underserved population. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 27th day of September, 2022. - Mayor Robin Mouton - ED] FROM: Kenneth R. Williams, City Manager PREPARED BY: Sharae N. Reed, City Attorney MEETING DATE: September 27, 2022 REQUESTED ACTION: Council consider a resolution authorizing the settlement of the lawsuit styled Jolena Watson vs. Dereck Jew-iische; Cause No. D- 209945. BACKGROUND The lawsuit Jolena Watsonvs. Dereck Jennische; Cause No. D-209945, was presented and discussed in Executive Session held on September 20, 2022. The City Attorney is requesting authority to settle this suit in the amount of $30,000. FUNDING SOURCE General Liability Fund. RECOMMENDATION Approval of resolution. RESOLUTION NO. 22-154 WHEREAS, the lawsuit styled Jolena Watson vs. Dereck Jennische; Cause No. D-209945, was discussed in Executive Session properly called and held Tuesday, September 20, 2022; and, WHEREAS, the City Attorney is requesting authority to settle the lawsuit; and, WHEREAS, the City Council has considered the merits of the request and is of the opinion that it is in the best interest of the City to settle the suit; NOW, THEREFORE, BE 1T RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT the City Attorney be, and she is hereby, authorized to settle the matter of Jolena Watson in the lawsuit styled Jolena Watson vs. Dereck Jennische; Cause No. D- 209945, for the sum of Thirty Thousand and XX1100 Dollars ($30,000.00); and, BE IT FURTHER RESOLVED THAT the City Manager be and he is hereby authorized to execute all documents related to settlement of the lawsuit. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551, PASSED BY THE CITY COUNCIL of the City of Beaumont this the 27th day of September, 2022. - Mayor Robin Mouton - 1 September 27, 2022 Consider a request for a Specific Use Permit to allow a tool rental store in the GC -MD (General Commercial — Multiple -Family Dwelling) District located at 2484 West Cardinal Drive, Suite t TEXAS TO: City Council FROM: Kenneth R. Williams, City Manager "�f PREPARED BY: Chris Boone, Director of Plaiuling and Community Development MEETING DATE: September 27, 2022 REQUESTED ACTION: Council consider a request for a Specific Use Permit to allow a tool rental store in the GC -MD (General Commercial — Multiple -Family Dwelling) District located at 2484 West Cardinal Drive, Suite 1. BACKGROUND Jason French has requested a Specific Use Permit to allow a tool rental warehouse at 2484 West Cardinal Drive, Suite 1. Mr. French states that this location will be used primarily to store tools. The oil and gas industry is their primary target customer. Hours of operation will be Monday through Friday 8:00 a.m. until 5:00 p.m, At a Joint Public Hearing held on September 19, 2022, the Planning Commission recommended 8:0 to approve the request for a Specific Use to allow a tool rental store in the GC -MD (General Conunercial — Multiple -Family Dwelling) District for the property located at 2484 West Cardinal Drive, Suite 1. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of the ordinance. BEAUMONT Planning & Community Development Case Type:Planning and Zoning Case Sub Type: Specific Use Permit Case #: PZ2022-309 Location: 2484 W CARDINAL DR, BEAUMONT, 77705 Individuals listed on the record. Applicant Jason French Missing Address, City, State, or Zip Code in People Agent Lane Wilson Missing Address, City, State, or Zip Code In People Case Status: REVIEW Tag Name: Tool rental warehouse Initiated On: 8/4/2022 2:36:30PM Home Phone: Work Phone: Cell Phone: 4092232595 E-Mail: Jason.french@hydratight.com Home Phone: Work Phone: Cell Phone: E-Mail: lane@wilsonandcompany.com Case Type: Planning and Zoning Case #: PZ2022-309 Page 1 of 2 Printed On: 8/3012022 BEAUMONT Planning & Community Development Legal Description ANNIE T WARREN PT TR 6-13 13LK 6 W & AD,I TO DRAIN DITCH 1.98 AC 2480-2488 CARDINAL DR W Number of Acres 1.98 Proposed Use Warehouse for tool rental facility That the specific use will be Using the proposed facility as a warehouse for tool rental to the area compatible with and not injurious to plants will not cause any other properties in the area Issues. the use and enjoyment of other Everything we do will be contained within the existing building, traffic property, nor significantly diminish or will be minimal and there will be no excessive noises from us doing impair property values within the business in the building. immediate vicinity That the establishment of the specific use will not impede the normal and orderly development and improvement of surrounding vacant property; That adequate utilities, access roads, drainage and other necessary supporting facilities have boon or will be provided Using this facility will not impede any normal or orderly development or improvements of surrounding vacant property. We will be conducting business in the existing building so nothing will change to cause issues to potential developments or improvements. All current utilities, access roads, drainage and supporting facilities are sufficient for what our business needs. Highway 69 access road is a direct access road to the facility and will provide more than adequate access for us as a business. The design, location and arrangement We will have very minimal traffic at this facility. The current of all driveways and parking spaces arrangements of driveways and parking will not be an Issue for the provides for the safe and convenient public or adjacent developments. The building we will occupy has movement of vehicular and pedestrian access on both sides of the building with the driveways wrapping traffic around making both entry and exit very easy with no adverse effects to the public in cars or on foot. That adequate nuisance prevention measures have been or will be taken to prevent or control offensive odor, fumes, dust, noise and vibration That directional lighting will be provided so as not to disturb or adversely affect neighboring properties That there are sufficient landscaping and screening to insuro harmony and compatibility with adjacent property That the proposed use is in accordance with the Comprehensive Plan Notes: No odors, fumes, dust, noise or vibrations should be noticed outside of the building. The building is fully insulated and most of what we will do at this facility will cause little to none of the above mentioned things. No additional lighting will be added and the current lighting does not disturb or adversely affect neighboring properties. There is currently grass as landscaping, this is typical of the neighboring properties. The proposed use is in accordance with the comprehensive plan. There are already multiple businesses in the complex that have a specific use permit that do similar things as our business will be doing. Case Type: Planning and Zoning Page 2 of 2 Case-#: PZ2022-309 Printed On: 8/30/2022 hydratight.. August 3, 2022 City of Beaumont Planning and Zoning Commission To Whom it May Concern: www,hydratight.com The building we are leasing at 2484 Suite -1 West Cardinal Drive in Beaumont Texas will primarily be used for storing rental equipment. The standard hours of operation will be Monday thru Friday 8-5. This business location is a tool rental center targeting local oil and gas companies which we are already servicing from our tool manufacturing facility in Deer Park. We will be accepting online orders with a shop technician on site to prepare and ship orders. There will also be a branch manager on site to manage daily business. The purpose of expanding to this facility will give us a footprint locally and a location to keep our equipment as well as the ability to strengthen our relationship with our current customers and build new relationships with prospective customers. if there is any other information we need to provide please let me know. Sincerely, d son French GOM Operations Manager 320 Deemod Glen • Dear Park TX 776M # Tel: 713-860-4200 Fax: 713-060-4201 Y M x bo m Ln C O c (1) E 0 ai) C =v .:3 m ro C L flu: U 4- J L a) f QJ U) lqtM W N 4f N X O ORDINANCE NO. ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A TOOL RENTAL WAREHOUSE IN A GC -MD (GENERAL COMMERCIAL -MULTIPLE FAMILY DWELLING) DISTRICT FOR PROPERTY LOCATED AT 2484 WEST CARDINAL DRIVE SUITE 1 IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS, Jason French has applied for a specific use permit to allow a tool rental warehouse in a GC -MD (General Commercial -Multiple Family Dwelling) District for property located at 2484 West Cardinal Drive, Suite 1, being part of Tract 6-13, block 6 of Annie T Warren League, west and adjacent to the drainage ditch, Beaumont, Jefferson County, Texas, containing 1.98 acres, more or less as shown on Exhibit "A," attached hereto; and, WHEREAS, the Planning and Zoning Commission of the City of Beaumont considered the request and is recommending approval of a specific use permit to allow a tool rental warehouse in a GC -MD (General Commercial -Multiple Family Dwelling) District for property located at 2484 West Cardinal Drive, Suite 1, and, WHEREAS, the City Council is of the opinion that the issuance of such specific use permit to allow a tool rental warehouse is in the best interest of the City of Beaumont and its citizens; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this ordinance are hereby, in all things, approved and adopted; and, Section 1. That a specific use permit to allow a tool rental warehouse in a GC -MD (General Commercial -Multiple Family Dwelling) District for property located at 2484 West Cardinal Drive, Suite 1, being part of Tract 6-13, Block 6 of Annie T Warren League, west and adjacent to the drainage ditch, Beaumont, Jefferson County, Texas, containing 1.98 acres, more or less, as shown on Exhibit "A," is hereby granted to Jason French, its legal representatives, successors and assigns, as shown on Exhibit "B," attached hereto and made a part hereof for all purposes, Cnr+4inn 9 That the specific use permit herein granted is expressly issued for and in accordance with each particular and detail of the site plan attached hereto as Exhibit "B" and made a part hereof for all purposes. Section 3. Notwithstanding the site plan attached hereto, the use of the property herein above described shall be in all other respects subject to all of the applicable regulations contained in Chapter 28 of the Code of Ordinances of Beaumont, Texas, as amended, as well as comply with any and all federal, state and local statutes, regulations or ordinances which may apply. The meeting at which this ordinance was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 27th day of September, 2022. - Mayor Robin Mouton — LEGAL DESCRIPTION FOR ORDINANCE PURPOSES Being part of Tract 6-B, Block 6 of Annie T Warren League, west and adjacent to the drainage ditch, Beaumont, Jefferson County, Texas, containing t.98 acres, more or less. ve PZ2022-309: Request for a Specific Use Permit to allow a tool rental store in the GC -MD (General Commercial —Multiple Family Dwelling) District. pplicant: Jason French ocation: 2484 W Cardinal Drive, Suite 1 0 100 200 300 400 Feet EXHIBIT "B" 2 September 27, 2022 Consider a request for a Specific Use Permit to allow an auto paint and body shop in the GC -MD (General Commercial — Multiple -Family Dwelling) District located at 5440 Highway 105 TEXAS TO: City Council FROM: Kenneth R. Williams, City Manager C) PREPARED BY: Chris Boone, Director of Planning and Connllunity Development MEETING DATE: September 27, 2022 REQUESTED ACTION: Council consider a request for a Specific Use Permit to allow an auto paint and body shop in the GC -MD (General Commercial -- Multiple-Family Dwelling) District located at 5440 Highway 105. BACKGROUND Brandon M. Edmonds, on behalf of Caliber Collision, is requesting a Specific Use Permit to allow an automotive paint and body shop at 5440 Highway 105. Caliber Collision has facilities nationwide. Hours of operation would be Monday through Friday, 7:30 aan, to 5:30 p.m. The facility is expected to staff ten (10) to fifteen (15) employees. Neighboring businesses vary from a motorcycle dealership to a nail salon. The residential area to the north and northeast will be screened per City regulations. At a Joint Public Hearing held on September 19, 2022, the Planning Commission recommended 8:0 to approve the request for a Specific Use Permit to allow an auto paint and body shop in the GC -MD (General Commercial — Multiple -Family Dwelling) District for the property located at 5440 Highway 105 with the following conditions: 1. Constructions plans must meet all requirements of Water Utilities for any water and sanitary sewer improvements, including any requirements of the City's backflow and/or pre-treatment programs. 2. Construction plans must conform. to Drainage District 6 development standards for increased runoff to minimize negative impact to the District's drainage system. 3. Shall provide directional lighting to reflect away from residential properties to the north and northeast. 4. Install a five (5) foot wide sidewalk along Concord Road. FUNDING SOURCE Not applicable, RECOMMENDATION Approval of the ordinance with the following conditions: 1. Constructions plans must meet all requirements of Water Utilities for any water and sanitary sewer improvements, including any requirements of the City's backflow and/or pretreatment programs. 2. Construction plans must conform to Drainage District G development standards for increased runoff to minimize negative impact to the District's drainage system. 3. Shall provide directional lighting to reflect away from residential properties to the north and northeast. 4. Install a five (5) foot wide sidewalk along Concord Road. BEAUMONT Planning & Community Development Case Type:Planning and Zoning Case Sub Type: Specific Use Permit Case 1#: PZ2022-312 Location: 5440 HWY 105, BEAUMONT, 77708 Individuals listed on the record: Applicant Brandon M. Edmonds 3207 S. Sam Houston Parkway E. Suite 100 Houston, TX 77047 Property Owner Linda Croom 1503 Dixie Blvd Missing Address, City, State, or Zip Code in People Agent Stefano Poist 5151 San Felipe St., Suite 1700 Houston, TX 77056 Case Status: REVIEW Tag Name: Caliber Collision - An automobile body and repair shop. Initiated On: 813I2022 12:46:22PM Home Phone: Work Phone: Cell Phone: 832-272-3240 E-Mail: bedmonds@nphlp.com Home Phone: Work Phone: Cell Phone: E-Mail: scroom@swbell.nol Horne Phone: 832.460.7759 Work Phone: Cell Phone: E-Mail: s.poisl@goree.com Case Type: Planning and Zoning Case 4; PZ2022-312 Page 1 of 2 Printed On: 8/10/2022 BEAUMONT Planning & Community Development Legal Description Being Tracts 51 B & 165, Plat RS1 of Thomas Spear League, Abstract 50, Beaumont, Jefferson County, Texas, containing 2.015 acres, more or less. Number of Acres 2.02 Proposed Use General Car Repair That the specific use will be New Development will be compatible with and not injurious to the use compatible with and not injurious to and enjoyment of other property, nor significantly diminish or impair the use and enjoyment of other property values within the immediate vicinity. property, nor significantly diminish or impair property values within the Immediate vicinity That the establishment of the specific use will not impede the normal and orderly development and improvement of surrounding vacant property; That adequate utilities, access roads, drainage and other necessary supporting facilities have been or will be provided The design, location and arrangement of all driveways and parking spaces provides for the safe and convenient movement of vehicular and pedestrian traffic That adequate nuisance prevention measures have been or will be taken to prevent or control offensive odor, fumes, dust, noise and vibration That directional lighting will be provided so as not to disturb or adversely affect neighboring properties That there are sufficient landscaping and screening to insure harmony and compatibility with adjacent property That the proposed use is in accordance with the Comprehensive Plan Notes: Case Type: Planning and Zoning Case #: PZ2022-3i2 New Development will add value to the area and will not Impede the normal and orderly development and improvement of surrounding vacant property. New Development will provided utilities, access roads, drainage and other necessary supporting facilities per city requirements. New Development will meet City of Beaumont and TXdot standard for all driveways and parking spaces provides for the safe and convenient movement of vehicular and pedestrian traffic. New Development will provided adequate nuisance prevention measures. Screening walls and insulated building will be provided. Architect will provide photometric drawings showing directional lighting will be provided so as not to disturb or adversely affect neighboring properties Landscaping will be provided per Code of Ordinances chapter 28. We will work with City to make sure all requirements are met. Development will be in accordance with the Comprehensive Plan. Page 2 or 2 Printed On: 8/10/2022 Al lv�NATIONAL /r PROPERTY HOLDINGS August 8, 2022 Beaumont Planning and Community Development RE: 5440 TX-105 — Proposed Caliber Collision Development — SUP To Whom it May Concern, We are respectfully requesting a Specific Use Permit for the proposed development of Beaumont's first Caliber Collision facility to be located at 5440 TX-105. As an introduction, Caliber Collision is one, if not, the largest automotive repair provider in the country with over 1,400 locations nationwide. Caliber is a leader in their industry with preferred partnerships with the nation's largest vehicle manufacturers, as well as all major insurance carriers. As a preferred developer for Caliber Collision, our team takes great pride in building first-class facilities on their behalf, and they subsequently take great pride in operating/maintaining said facilities. Caliber Collision Services; - ADAS Vehicle Calibration Services - Vehicle Diagnostic Scanning - Auto Glass Repair & Replacement - Paintless Dent Restoration - Hail Damage Repair - Bumper Repair - Fender Repair - Paint Refurbishment & Repair - General Accident Repair The proposed Caliber Collision facility will be operated by approximately 10 to 15 employees. Standard hours of operation are from 7:30 AM to 5:30 PM Monday through Friday. We are excited at the opportunity to be a part of a new business coming to Beaumont and look forward to your favorable feedback to kick-off a successful development at 5440 TX-105. Please contact me with any questions or comments. Thank you for your consideration. Best regards, —�= Brandon M. Edmonds Project Manager (832) 272- 3240 Bedmonds@nohlp.com National Property Holdings ORDINANCE NO. ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW AN AUTO PAINT AND BODY SHOP IN A GC -MD (GENERAL COMMERCIAL -MULTIPLE FAMILY DWELLING) DISTRICT FOR PROPERTY LOCATED AT 5440 HIGHWAY 105 IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS, WHEREAS, Brandon M. Edmonds on behalf of Caliber Collision has applied for a specific use permit to allow an auto paint and body shop in a GC -MD (General Commercial -Multiple Family Dwelling) District for property located at 5440 Highway 105, being part of Plat RS1, Tracts 51B & 165, of the Thomas Spear Survey, Abstract 50, in Beaumont, Jefferson County, Texas, containing 2.02 acres, more or less as shown on Exhibit "A," attached hereto; and, WHEREAS, the Planning and Zoning Commission of the City of Beaumont considered the request and is recommending approval of a specific use permit to allow an auto paint and body shop in a GC -MD (General Commercial -Multiple Family Dwelling) District for property located at 5440 Highway 105, subject to the following condition: and, • Construction plans must meet all requirements by Water Utilities for any water and sanitary sewer improvements, including any requirements of the City`s backflow and/or pre-treatment programs; • Construction plans to conform to Drainage District 6 development standards for increased runoff to minimize negative impact to the District's drainage system; • Shall provide directional lighting to reflect away from residential properties to the north and northeast; • Install a five (5) foot wide sidewalk long Concord Road; WHEREAS, the City Council is of the opinion that the issuance of such specific use permit to allow an auto paint and body shop is in the best interest of the City of Beaumont and its citizens; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this ordinance are hereby, in all things, approved and adopted; and, Section 1. That a specific use permit to allow an auto paint and body shop in a GC -MD (General Commercial -Multiple Family Dwelling) District for property located at 5440 Highway 105, being part of Plat RS1, Tracts 51 B & 165, of the Thomas Spear Survey, Abstract 50, in Beaumont, Jefferson County, Texas, containing 2.02 acres, more or less, as shown on Exhibit "A," is hereby granted to Brandon M. Edmonds on behalf of Caliber Collision, its legal representatives, successors and assigns, as shown on Exhibit "B," attached hereto and made a part hereof for all purposes, Section 2. That the specific use permit herein granted is expressly issued for and in accordance with each particular and detail of the site plan attached hereto as Exhibit "B" and made a part hereof for all purposes. Section 3. Notwithstanding the site plan attached hereto, the use of the property herein above described shall be in all other respects subject to all of the applicable regulations contained in Chapter 28 of the Code of Ordinances of Beaumont, Texas, as amended, as well as comply with any and all federal, state and local statutes, regulations or ordinances which may apply. The meeting at which this ordinance was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 27th day of September, 2022. - Mayor Robin Mouton - LEGAL DESCRIPTION FOR ORDINANCE PURPOSES Being Plat RS 1, Tracts 51B & 165, of the Thomas Spear Survey, Abstract 50, Beaumont, Jefferson County, Texas, containing 2.02 acres, snore or less. zo o� r� No.r. i //■r� fA rrrr � SO !022-312: Request for a Specific Use Permit to allow an auto paint and body shop in -MD (General Commercial — Multiple -Family Dwelling) District. Aicaut: Brandon M. Edmonds on behalf of Caliber Collision cation: 5440 Highway 105 Q 100 200 Feet 3 September 27, 2022 Consider a request for a Specific Use Permit to allow a healthcare training facility in the RCR (Residential Conservation Revitalization) District located at 4570 Highland Avenue TEXAS TO: City Council FROM: Kenneth R. W l i ms, City Manager PREPARED BY: Chris Boone, Director of Planning and Community Development MEETING DATE: September 27, 2022 REQUESTED ACTION: Council consider a request for a Specific Use Permit to allow a healthcare training facility in the RCR (Residential Conservation Revitalization) District, for the property located at 4570 Highland Avenue, BACKGROUND Tanna LaFleur is requesting a Specific Use Permit to allow a healthcare training facility at 4570 Highland Avenue. Students will be trained as nurse aids to provide cane for the elderly. Hours of operation will be Monday —Friday, 9:00 a.m. to 9:30p.m. Classroom and hands-on training will be conducted on -site. The parking layout on the submitted site plan does not meet City or ADA requirements. A revised site plan will be required to meet City and ADA requirements and the parking area must be striped in accordance with the approved plans. Landscaping will need to be provided between the parking area and the street fight -of -way, including a six (6) foot wide landscaped strip along Highland Avenue, behind the sidewalk, and Campus Street to meet City ordinance requirements. In addition, the water meter is located where it is subject to being driven over by traffic in the parking area. The meter will need to be moved to an area outside of the parking lot or driveways to prevent potential damage to the antenna. At a Joint Public Hearing held on September 19, 2022, the Planning Commission recommended 8:0 to approve the request for a Specific Use Permit to allow a Healthcare training facility in the RCR (Residential Conservation Revitalization) District, for the property located at 4570 Highland Avenue with the following conditions: 1. Provide an updated parking layout that meets all City and ADA requirements with paving and striping as required and wheel stops for additional parking spaces. 2. Provide a six (6) foot wide landscaped buffer along Highland Avenue and Campus Street to meet City ordinance requirements. 3. Relocate the water meter to an area outside of the parking/driving path. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of the ordinance with the following conditions: 1. Provide an updated parking layout that meets all City and ADA requirements with paving and striping as required and wheel stops for additional parking spaces. 2. Provide an updated parking layout that meets all City and ADA requirements and stripe the parking lot in accordance with the approved plan. 2. Provide a six (6) foot wide landscaped buffer along Highland Avenue and Campus Street to meet City ordinance requirements. 3. Relocate the water meter to an area outside of the parking/driving path. BEAUMONT Planning & Community Development Case Type:Planning and Zoning Case Sub Type: Specific Use Permit Case #: PZ2022-316 Location: 4570 HIGHLAND AVE, BEAUMONT, TX Individuals listed on the record: Applicant Tanna LaFlour 3435 Blossom Dr. Beamont, TX 77705 Property Owner Kristopher Richard Beaumont, TX 77705Missing Address, City, State, or Zip Code in People Agent Dee Richard Real Estate 2630 Laurel Beaumont, TX 77705 Case Type: Planning and Zoning Case #: PZ2022-316 Case Status: REVIEW Tag Name: Medical training facility Initiated On: 8/15/2022 11:45:24AM Home Phone: 4094661311 Work Phone: Coll Phone: 409-466-1311 E-Mail: tanna.lafleur@yahoo.com Home Phone: Work Phone: Coil Phone; 409)828-0777 E-Mail: Home Phone: Work Phone: Cell Phone: 409-828-0551 E-Mall: Page 1 or 3 Printed On: 8/30/2022 BEAUMONT Planning & Community Development Legal Description Being the western 40' of Lot 2 and all of Lot 3, Block 1, College Heights and Lot 2A, College Heights Replat, Beaumont, Jefferson County, Texas, containing 0.27 acres, more or less. Number of Acres 0,27 Proposed Use Medical Training Facility That the specific use will be At 4570 Highland Ave, the establishment of Elite Evolution Skills & compatible with and not injurious to Training Center will be conducted in a manner that will not diminish or the use and enjoyment of other interfere with any other establishments, businesses, neighbors or property, nor significantly diminish or adjacent properties. All classes will be conducted inside of the impair property values within the building in a classroom setting immediate vicinity That the establishment of the specific Elite Evolution Skills & Training Center is a classroom, laboratory use will not impede the normal and setting that provides training to students to care for our elderly orderly development and improvement population of good health, poor health, or with multiple co morbidities of surrounding vacant property, within the confines of their homes, nursing home, hospital or assistant living facility. All teachings will be conducted inside of the designated leased space in a classroom or laboratory setting. Actual hands- on- training will be at a local nursing home. Students will receive orientation on the expectation of their conduct, manners, and professionalism periodically, This includes but not limited to: loud voices, loud car radio systems on premises or in neighborhoods surrounding 4570 Highland Ave, That adequate utilities, access roads, Elite Evolution Skills & Training Center is leasing 4570 Highland Ave drainage and other necessary from Kristopher Richard, This leased space has adequate lighting supporting facilities have been or will inside and outside provided by Entergy. Water utilities are provided be provided by adequate The City of Beaumont and sufficient with high water pressure and adequate drainage. The design, location and arrangement 4570 Highland Ave., has adequate parking and driveway space for of all driveways and parking spaces parking spaces. Also there is an additional space for additional provides for the safe and convenient parking if needed. There is no adverse obstacles that would impede movement of vehicular and pedestrian the safety of disruption of the general public or adjacent traffic developments. That adequate nuisance prevention Elite Evolution Skills & Training Center will not be conducting any measures have been or will be taken services that will result in any fumes, hazardous waste, dust, noise, to prevent or control offensive odor, vibrations or discharges fumes, dust, noise and vibration That directional lighting will be Directional lighting is adequate at 4570 Highland Ave. The exterior of provided so as not to disturb or the building has dusk to dawn lighting on each corner of the building. adversely affect neighboring The lighting does not adversely affect adjacent neighbors/properties. properties That there are sufficient landscaping 4570 Highland Ave screening and landscaping has engaged in and and screening to insure harmony and assures harmony and compatibility with adjacent property. compatibility with adjacent property Case Typo: Planning and Zoning Page 2 of 3 Case #: PZ2022-316 Printed On: 8/30/2022 BEAUMONT Planning & Community Development That the Proposed use is in Elite Evolution Skills & Training Center will abide by codes and accordance with the Comprehensive regulations set forth by City of Beaumont building codes and planning Plan and zoning to obtain specific use permit. Notes: Case Type: Planning and Zoning Page 3 of 3 Case #: PZ2022-316 Printed On: 8/30/2022 BEAUMONT Planning & Community Development Case Type:Planning and Zoning Case Sub Type: Specific Use Permit Case M PZ2022-316 Location: 4570 HIGHLAND AVE, BEAUMONT, TX Individuals listed on the record: Applicant Tanna LaFleur 3435 Blossom Dr. Beamont, TX 77705 Property Owner Kristopher Richard Beaumont, TX 77705MIssing Address, City, State, or Zip Code in People Agent Dee Richard Real Estate 2630 Laurei Beaumont, TX 77705 Case Status: REVIEW Tag Name: Request to operate as a small medical training class Initiated On: 8/15/2022 11:45:24AM Home Phone: 4094661311 Work Phone: Cell Phone: 409-466-1311 E-Mail: tanna.lafleur@yahoo.com Home Phone: Work Phone: Cell Phone: 409)828-0777 E-Mail: Home Phone: Work Phone: Cell Phone: 409-828-0551 I -Mall: Case Type: Planning and Zoning Case #: PZ2022-316 Page 1 of 3 Printed On: 8/22/2022 BEAUMONT Planning & Community Development Legal Description Being the western 40' of Lot 2 and all of Lot 3, Block 1, College Heights and Lot 2A, College Heights Replat, Beaumont, Jefferson County, Texas, containing 0.27 acres, more or less. Number of Acres 0.27 Proposed Use Medical Training Facility That the specific use will be At 4570 Highland Ave, the establishment of Elite Evolution Skills & compatible with and not injurious to Training Center will be conducted in a manner that will not diminish or the use and enjoyment of other interfere with any other establishments, businesses, neighbors or property, nor significantly diminish or adjacent properties. All classes will be conducted inside of the impair property values within the building in a classroom setting immediate vicinity That the establishment of the specific use will not impede the normal and orderly development and improvement of surrounding vacant property; That adequate utilities, access roads, drainage and other necessary supporting facilities have been or will be provided The design, location and arrangement of all driveways and parking spaces provides for the safe and convenient movement of vehicular and pedestrian traffic That adequate nuisance prevention measures have been or will be taken to prevent or control offensive odor, fumes, dust, noise and vibration That directional lighting will be provided so as not to disturb or adversely affect neighboring properties That there are sufficient landscaping and screening to insure harmony and compatibility with adjacent property Case Type: Planning and Zoning Case ft: PZ2022-316 Elite Evolution Skills & Training Center is a classroom, laboratory setting that provides training to students to care for our elderly population of good health, poor health, or with multiple co morbidities within the confines of their homes, nursing home, hospital or assistant living facility. All teachings will be conducted inside of the designated leased space in a classroom or laboratory setting. Actual hands- on- training will be at a local nursing home. Students will receive orientation on the expectation of their conduct, manners, and professionalism periodically. This includes but not limited to; loud voices, loud car radio systems on premises or in neighborhoods surrounding 4570 Highfand Ave. Elite Evolution Skills & Training Center is leasing 4570 Highland Ave from Kristopher Richard. This leased space has adequate lighting inside and outside provided by Entergy. Water utilities are provided by adequate The City of Beaumont and sufficient with high water pressure and adequate drainage. 4570 Highland Ave., has adequate parking and driveway space for parking spaces. Also there is an additional space for additional parking if needed. There is no adverse obstacles that would impede the safety of disruption of the general public or adjacent developments, Elite Evolution Skills & Training Center will not be conducting any services that will result in any fumes, hazardous waste, dust, noise, vibrations or discharges Directional lighting is adequate at 4570 Highland Ave. The exterior of the building has dusk to dawn lighting on each corner of the building. The lighting does not adversely affect adjacent neighbors/properties, 4570 Highland Ave screening and landscaping has engaged in and assures harmony and compatibility with adjacent property, Page 2 of 3 Printed On: 8/2212022 BEAUMONT Planning & Community Development That the proposed use is in Elite Evolution Skills & Training Center will abide by codes and accordance with the Comprehensive regulations set forth by City of Beaumont building codes and planning Plan and zoning to obtain specific use permit. Notes: Case Type: Planning and Zoning Page 3 of 3 Case M PZ2022-316 Printed On: 8/22/2022 No Text ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A HEALTH CARE TRAINING FACILITY IN THE RCR (RESIDENTIAL CONSERVATION REVITALIZATION) DISTRICT FOR PROPERTY LOCATED AT 4570 HIGHLAND AVENUE IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS, Tanna LaFleur has applied for a specific use permit to allow a healthcare training facility in the RCR (Residential Conservation Revitalization) District for property located at 4570 Highland Avenue, being part of Lot 2A, College Heights Replat, in Beaumont, Jefferson County, Texas, containing 0.27 acres, more or less as shown on Exhibit "A," attached hereto; and, WHEREAS, the Planning and Zoning Commission of the City of Beaumont considered the request and is recommending approval of a specific use permit to allow a healthcare training facility in RCR (Residential Conservation Revitalization) District for property located at 4570 Highland Avenue, subject to the following condition: and, • Provide an updated parking layout that meets all City and ADA requirements with paving and striping as required and wheel stops for additional parking; • Provide an updated parking lot layout that meets all City and ADA requirements and stripe the parking lot in accordance with the approved plan; • Provide a six (6) foot landscaped buffer along Highland Avenue and Campus Street to meet City ordinance requirements; Relocate the water meter to an area outside of the parking/driving path; WHEREAS, the City Council is of the opinion that the issuance of such specific use permit to allow a healthcare training facility is in the best interest of the City of Beaumont and its citizens; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this ordinance are hereby, in all things, approved and adopted; and, Section 1. That a specific use permit to allow a healthcare training facility in the RCR (Residential Conservation Revitalization) District for property located at 4570 Highland Avenue, being part of Lot 2A, College Heights Replat, in Beaumont, Jefferson County, Texas, containing 0.27 acres, in Beaumont, Jefferson County, Texas, containing 0.27 acres, more or less, as shown on Exhibit "A," is hereby granted to Tanna LaFleur, its legal representatives, successors and assigns, as shown on Exhibit "B," attached hereto and made a part hereof for all purposes, Section 2. That the specific use permit is herein granted is expressly issued for and in accordance with each particular and detail of the site plan attached hereto as Exhibit "B" and made a part hereof for all purposes. Section 3. Notwithstanding the site plan attached hereto, the use of the property herein above described shall be in all other respects subject to all of the applicable regulations contained in Chapter 28 of the Code of Ordinances of Beaumont, Texas, as amended, as well as comply with any and all federal, state and local statutes, regulations or ordinances which may apply. The meeting at which this ordinance was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 27th day of September, 2022. - Mayor Robin Mouton LEGAL DESCRIPTION FOR ORDINANCE PURPOSES Being Lot 2A, College Heights Replat, Beaumont, Jefferson County, Texas, containing 0.27 acres, more or less, NOTHING pt THIS SUiiVCIF IS WIEHDLD TO EXPRESS AN OPINION REGARDRIG OWNERSNIp Olt DAL. UNDER5104D TO BC AN o1PRESSION OF PRDFES;iON& JUDowtuf fly R{E LEGEND 2, TfE WORD CERTIFY IS B+SEO ON lay 6t5T KffOALEOGE, INFORLATWIt AND DAIEF, FORIJ[D IH Tilt SURVkYOR, WT9CHI is COURSE OF Fk5 pERFORLNNO TIH[ SURVEY Bt CONPLWICC WIT}t TFIE STiHTAkHDS Of PRACHNE fTY 111E 1C+GS BOARO OF PAOFCSSklFN1 t.V70 SURVLYORS yJID 11 POWER POLE "-" MY — REsT411RED. AIBJ PRO1JlNGA1ED (TEE iL7VS SOCHET'f 0( PAOFE5514NAL SURVEYORS. A5 SUCII, f1 CON5111UFES 1VFJT1IER A Gum C1WN UNK FENCE NOR A WA)1RAN1Y� IXPRCSSED OR IHPUEO. '1L.W, ...--. Do— OVERHEAD ELECTRIC 3. ALL 5Ei 5/8' HIiOH RODS SET WTIi A CAP STAUPFD WIfITtIEY h ASSOCNTCS'. ORIGINAL TIRACI UNE u ASPHALT t}L {1G 30 G. S�t41O�vpi S��aG FIND 3 4' L PIP LOT 1 CALLED LELAND AVENUE (4o' R.D.W.) PER LOT 2 VOL 4, PG. 30 WRJC L01 3 LOT 4 ORicem LOT UNE z - - _ - _ - N,19.8' OF LOT ! ( 'TRACT I Cr NO. 2007037974 ND SB9'S5'fi5'C 140.18') OPRJC e (CALL 589'S5'S5'E 100.18') � 5/s' SET 5 8 TLro s/e' i� S8g55'55'E 40.00') / ` FNp 3©9°55'b5"i; 100.18 I. ROI L ROD FRO 56955'55'E 40.00' I. ROD.. 1 qO� o V V vw 4'b16"AI�o,k no 5'SPRNflTE SANE 4570 Highland UR I — 4pi ry COMMERCIAL SL BUILDING N Y ui fP PT, OF LOT 1 ? 27.7' r 40' TRACT JOHN A RANLY o ORIGDAL L0T LINE VOL 97DB, 638 75' x too' TRACT R 4 f'T, OF 101 1 h 2 Aim 01 JOHN A RAtCY z VOL. Bill. . 335 RJC LOT IA (CALL S90o'O'OY30'W LOT 2A 0520 S90100 1 w l510 10.00, j .vSET s/B"_, I. ROD t 15'001 ��;j �;;' s v* IvDon rrowL RESIDENCE ELLC,zp sa — FN _(CALL589 fL� 5Dla.) RID �Ngg0"00'00'W f40,01 {CALL N90'00'00'W 140,00 CAMPUS AVENUE (50' R,C,W,) TO THE OFTHE l ERS ODATE OF THE F THE PREMISES � S 1, E M"j % ROWS DO HEREBY CERTIFY THAT THIS SURVEY WAS IRIS DAY WE HHFF-REONE ANDFACC OF CORRECTLY (C GROUND OF . THE REPRESENTS HE FAC1S PROPERTY r00D AT�TITI EGALLY ESCROF (BED THE SURVEY, DATE SURVEYED, AUGUST 10 2070 MWA CIVIL Tr.XAo 1 n a n n 'd Y ih o Z OAIGtNAL�OT' UNt+ Z .i iY LOT'3 B W. 40' OF LOT 2 , "4 A RANEY V0� 1027, PG. 346 BRJe a A a . SET 4 . 5/15 i! 510 CAMPUS AVENUE BEAUMONT, TEXAS 77707 Lot Number Two -A (2A), Block 1, of the REPLA' OF S, 27.7' OF LOT 1 ti ALL OF LOTS 2 k 3 BLOCK 1, of COLLEGE HFJGHIS ADDITION, City o Beaumont, Jefferson County, Texas, Vol. 4, Pg. 84 M.R.J.C„ Jomee W, Bullock League, Abstract No. 7 City of 0aaulmont, Jefferson County, Texas Int. LOTS IA k 2A. BLOCK 1, COLLEGE IIEICHI! ADWRON, James W. Bullock League, Abstract No. i City of Beaumont, Jefferson Courtly, Tow according to the pfal thereof recorded In CF Nc 202Oa27582, OfDclol Public Records of Ref Property, Jefferson County, Texas, Owner, John A. Roney. Jr. Ceneuv 25.00 In. oc ordance with the Flood HazardBoundary 1Jap, Deportment of Housing and Urbon Development. Community No.; 1054$7 Panel No.l 0025 D Oats of FIRM: 5-6-02 This pproperly Iles In Zone' (white), Locollon on mop dolarninad by scale on mop. Actual Feld elevation not dolermined, Mo111 W. Whlt0ey and Assoclalse does not warrant nor subscribe to the occurocy or scale of sold mope, Zone 'A' wh11e) are areas determinsd to be outside 50 -year Hood plain, p MN Yak W. F7.C,11 A AP" ytra h. lid. 6xvnML a a k4k.-O af� -b'd -*4 n w PIWO elw A k W,, MtaV A m.ad°ha W Y Aw N M npMs, Vie ■"1 h6W1 Ar o hft Mal -X%% W vaiM n , 1,2022-31.6: Request for a Specific Use Permit to allow a healthcare training facility in the CR (Residential Conservation Revitalization) District. pplicant: Tanna LaTleur ocation: 4570 Highland Avenue 0 100 200 Feet EXHIBIT "B" 11 September 27, 2022 Consider a request for a Specific Use Permit to allow a primary care facility in the GC-MD-2 (General Comn'iercial — Multiple Family Dwelling-2) District located at 6480 Delaware Street BEAUMONT TO: City Council FROM: 1< ecnneth R Williams, City Manager 60 PREPARED BY: Cris Boone, Director of Planning and Community Development MEETING DATE: September 27, 2022 REQUESTED ACTION: Council consider a request for a Specific Use Permit to allow a primary care facility in the GC-MD-2 (General Commercial — Multiple Family Dwelling-2) District located at 6480 Delaware Sheet. BACKGROUND Zach Rowe, on behalf of Arfeen Properties, L.P., requests a Specific Use Permit to develop a primary care facility located at 6480 Delaware Street. The GC-MD-2 zoning district requires a Specific Use Permit for all new land uses proposed. The property will be leased to Diagnostic Group Integrated Healthcare Systems, PLLC for the purpose of building a primary care medical clinic to better serve the patients of Beaumont. The clinic will employ twelve (12) to fifteen (15) medical personnel and the hours of operation are to be 8:00 a.m. to 5:00 p.m. Monday through Thursday, and 8:00 a.m. —12:00 p.m. on Fridays. At a Joint Public Hearing held on September 19, 2022, the Planning Commission recommended 8:0 to approve the request for a Specific Use Permit to allow a primary care facility in the GC-MD-2 (General Commercial — Multiple Family Dwelling-2) District for the property located at 6480 Delaware Street with the following conditions: 1. Construction plans must conform to Drainage District 6 development standards for increased runoff to minimize negative impact to the District's drainage system. 2. Construction plans must meet all requirements by Water Utilities for any water and sanitary sewer improvements, including any requirements of the City's backflow, pre-treatment, and/or FOG program. 3. Construction plans shall be in compliance with Section 28.04.006 Landscaping and screening requirements. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of the ordinance with the following conditions: 1, Construction plans must conform to Drainage District 6 development standards for increased runoff to minimize negative impact to the District's drainage system, 2. Construction plans must meet all requirements by Water Utilities for any water and sanitary sewer improvements, including any requirements of the City's backflow, pre-treatment, and/or FOG program. 3, Construction plans shall be in compliance with Section 28,04.006 Landscaping and screening requirements. BEAUMONT Planning & Community Development Case Type:Planning and Zoning Case Sub Type: Specific Use Permit Case #: PZ2022-325 Location: 6480 DELAWARE ST, BEAUMONT, 77706 individuals listed on the record: Applicant Zach Rowe 4351 Crow Road Beaumont, TX 77706 Property Owner ArFeen Properties, LP 3406 College Street Beaumont, TX 77701 Agent Sam C. Parigi, Jr. 445 North 14th Street Beaumont, TX 77702 Case Status: REVIEW Tag Name: Primary Care Medical Clinic in GCMD-2 district. Initiated On: 8/17/2022 8:13:41AM Home Phone: 409-892-0421 Work Phone: Cell Phone: 409-658-8311 E-Mail: zach.rowe@whiteieyoliver.com Home Phone: Work Phone: Cell Phone: E-Mail: mjordan@dgphysicians.com Home Phone: 409-833-9555 Work Phone: Cell Phone: 409-284-1613 E-Mail: scp@parigiproperty.com Case Type: Planning and Zoning Case M PZ2022-325 Page 1 of 3 Printed On: 8131/2022 BEAUMONT Planning & Community Development Legal Description TR 54-B-16 AB 56 SP 1 N WILLIAMS Number of Acres 1.13 Proposed Use Medical Building That the specific use will be The proposed medical clinic will enhance the locale and not be compatible with and not injurious to injurious to the use and enjoyment of other property, nor significantly the use and enjoyment of other diminish or impair property values within the immediate vicinity. property, nor significantly diminish or Appropriate architectural measures will be taken to ensure aesthetic impair property values within the compatibility with nearby structures. immediate vicinity That the establishment of the specific The establishment of the specific use will not impede the normal use will not impedo the normal and and orderly development and improvement of surrounding vacant orderly development and improvement property, as the development of this lot follows with the development of surrounding vacant property; concept of the existing establishments in the vicinity. That adequate utilities, access roads, There are existing and adequate utilities, access roads, drainage drainage and other necessary and other necessary supporting facilities currently present at the site. supporting facilities have been or will The site is located adjacent to Delaware Street and Valmont Avenue, be provided which have water, sewer, gas and electric presently adjacent to the site. The adjacent streets also currently have a storm sewer system which will be utilized for receiving storm water runoff. The design, location and arrangement of all driveways and parking spaces provides for the safe and convenient movement of vehicular and pedestrian traffic That adequate nuisance prevention measures have been or will be taken to prevent or control offensive odor, fumes, dust, noise and vibration As shown on the attached site plan, the design, location and arrangement of all driveways and parking spaces provide for the safe and convenient movement of vehicular and pedestrian traffic without adversely affecting the general public or adjacent development. Ingress and egress will be accomplished by proposed driveways at the Northwest and South East property corners of the site within a proposed & existing ingress and egress easement. Additionally, an existing ingress and egress easement extends from Valmont Avenue to the East side of the existing Kids R Kids. Daily traffic is expected to be low, and should result in minimal impact to the immediate vicinity. • There will be no offensive odor, fumes, dust, noise or vibration caused by the proposed use of this site as a medical clinic. That directional lighting will be All proposed onsite lighting will be direct in nature so as not to provided so as not to disturb or disturb or adversely affect neighboring properties. Appropriate adversely affect neighboring measures will be taken to mitigate adverse effects on the nearby properties properties. That there are sufficient landscaping and screening to insure harmony and compatibility with adjacent property That the proposed use is In accordance with the Comprehensive Flan • Landscaping and screening will be provided In accordance with the appropriate City requirements to ensure harmony and compatibility with the adjacent properties. • The proposed use is in accordance with the Comprehensive Plan and will assist in further development of the West End of Beaumont. Case Type: Planning and Zoning Case 4: PZ2022-325 Page 2 of 3 Printed On; 8/31/2022 ARFEEN PROPERTIES, LP 3406 College St. Beaumont, TX 77701 August 15, 2022 Planning & Zoning Department City of Beaumont P,O. Box 3827 801 Main, Suite 210 Beaumont, TX 77701 To Whom It May Concern, Arfeen Properties, LP is requesting a Specific Use Permit (SUP) to allow a medical building in a GC -MD li zoning. The property is located at the northeast corner of Delaware Street at Valmont Street. The property will be leased to Diagnostic Group Integrated Healthcare Systems, PLLC for the purpose of building a primary care medical clinic to better serve the patients located in the west end of Beaumont, TX. The Diagnostic Group is a multi -specialty medical group In Southeast Texas, Currently, Diagnostic Group has seven (7) medical clinics with plans to build our eighth clinic at this location. The clinic will employ 12-15 medical personnel. The clinic will be open Monday —Thursday 8:OOAM — S:OOPM and 8:OOAM to 12:OOPM Friday. Thank you for your consideration, Should you have any questions, please feel free to contact me at the contact number listed below. Regards, Melissa Jordan, R.T.(R)(ARRT) Chief Administrative Officer (409) 540-4672 ORDINANCE NO. ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A PRIMARY CARE FACILITY IN A GC-MD-2 (GENERAL COMMERCIAL -MULTIPLE FAMILY DWELLING-2) DISTRICT FOR PROPERTY LOCATED AT 6480 DELAWARE STREET IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS, WHEREAS, Zach Rowe on behalf of Arfeen Properties, L.P., has applied for a specific use permit to allow a primary care facility in a GC-MD-2 (General Commercial - Multiple Family Dwelling-2) District for property located at 6480 Delaware Street, being part of a parcel of land situated in the Hezekiah Williams Survey, Abstract No. 56, in Beaumont, Jefferson County, Texas, containing 1.13 acres, more or less as shown on Exhibit 'A" attached hereto; and, WHEREAS, the Planning and Zoning Commission of the City of Beaumont considered the request and is recommending approval of a specific use permit to allow a primary care facility in a GC-MD-2 (General Commercial -Multiple Family Dwelling-2) District for property located at 6480 Delaware Street, subject to the following condition: and, • Construction plans must meet all requirements by Water Utilities for any water and sanitary sewer improvements, including any requirements of the City's backflow and/or pre-treatment programs, and/or FOG program. • Construction plans to conform to Drainage District 6 development standards for increased runoff to minimize negative impact to the District's drainage system; • Construction plan shall be in compliance with Section 28.04.006 Landscaping and screening requirements; WHEREAS, the City Council is of the opinion that the issuance of such specific use permit to allow a primary care facility is in the best interest of the City of Beaumont and its citizens; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this ordinance are hereby, in all things, approved and adopted; and, Section 1. That a specific use permit to allow a primary care facility in a GC-MD-2 (General Commercial -Multiple Family Dwelling-2) District for property located at 6480 Delaware Street, being part of a parcel of land situated in the Hezekiah Williams Survey, Abstract No. 56, in Beaumont, Jefferson County, Texas, containing 1.13 acres, more or less, as shown on Exhibit "A," is hereby granted to Zach Rowe on behalf of Arfeen Properties, L.P., its legal representatives, successors and assigns, as shown on Exhibit "B," attached hereto and made a part hereof for all purposes, Section 2. That the specific use permit herein granted is expressly issued for and in accordance with each particular and detail of the site plan attached hereto as Exhibit "B" and made a part hereof for all purposes. Section 3. Notwithstanding the site plan attached hereto, the use of the property herein above described shall be in all other respects subject to all of the applicable regulations contained in Chapter 28 of the Code of Ordinances of Beaumont, Texas, as amended, as well as comply with any and all federal, state and local statutes, regulations or ordinances which may apply. The meeting at which this ordinance was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 27th day of September, 2022. - Mayor Robin Mouton - LEGAL DESCRIPTION FOR ORDINANCE PURPOSES ON PROPERTY DESCRIBED AS FOLLOWS: BEING a 1.1337 acre tract or parcel of land situated in the Hezekiah Williams Survey, Abstract No. 56, Jefferson County, Texas and being out of and part of the remainder of that certain called 209.2045 acre tract of land as described in a "Special Warranty Deed" from Amoco Production Company to Delaware Extension Development, Ltd. as recorded in Clerk's File No. 2000047669, Official Public Records of Real Property, Jefferson County, Texas, said 1.1337 acre tract being more particularly described as follows: NOTE: All bearings are referenced to the West line of that certain called 1.5000 acre tract conveyed to CMDC4WALKER, LLC as NORTII03°33'37" NrEST as recorded in Clerk's File No. 2019021478, Official Public Records of Real Propeq); Jefferson Couni}� Texas. All set 5/8" iron rods set nvith caps stamped "M. W PVhiteley & Associates". COMMENCING at a 518" iron rod with a cap stamped "M.W. Whiteley & Associates" found for the Southwest corner of that certain called 1.5000 acre tract of land as described in a "Special Warranty Deed with Vendor's Lien" from Delaware Extension Development, Ltd. to CMDC4WALKER, LLC as recorded in Clerk's File No, 2019021478, Official Public Records of Real Property, Jefferson County, Texas and said corner being in the North right-of-way line of Delaware Street (based on a width of 100 feet) and said corner being the beginning of a curve turning to the left having a radius of 3120.88 feet and being subtended by a chord bearing SOUTH 81°02'52" WEST having a chord length of 362.76 feet; THENCE WESTERLY, along and with the North right-of-way line of Delaware Street and said curve, for an are length of 362.97 feet to a 518" iron rod set for the Southeast corner and the POINT OF BEGINNING of the tract herein described, said corner also being the beginning of a curve turning to the left having a radius of 3120.88 feet and being subtended by a chord bearing SOUTH 75°37'36" WEST having a chord length of 227.55 feet; THENCE WESTERLY, along and with the North night -of -way line of Delaware Street and said curve, for an arc length of 227.60 feet to a point for corner (unable to find or set corner due to power pole), said corner being the intersection of the North right-of-way line of Delaware Street and the East right-of-way line of Valmont Avenue (right-of-way width varies), said corder also being the beginning of a curve turning to the left having a radius of 750.00 feet and being subtended by a chord bearing NORTH 20°52'56" WEST having a chord length of 85.57 feet; THENCE NORTHERY, along and with the East right-of-way line of Valmont Avenue and the said curve, for an arc length of 85.62 feet to a 112" iron rod with a cap stamped "Access" found for corner, said corner being the beginning of a curve turning to the right having a radius of 775.50 feet, subtended by a chord bearing NORTH 20°43'46" WEST having a chord length of 88.76 feet; THENCE NORTHERLY, continuing along and with the East right-of-way line of Valmont Avenue and said curve, for an are length of 88.81 feet to a 1/2" iron rod with a cap stamped "Access" found for corner; THENCE NORTH 17" 1924" WEST, continuing along and with the East right-of-way line of Valmont, for a distance of 29.63 feet to a 5/8" iron rod set for corner, said corner being the beginning of a curve turning to the right having a radius of 3324.37 feet and being subtended by a chord bearing NORTH 75°30'33" EAST having a chord length of 256.02 feet; THENCE EASTERLY, over and across the remainder of the said 209.2045 acre Delaware Extension Development, Ltd. tract and along and with said curve, for an arc length of 256.09 feet to a 5/8" iron rod set for corner; THENCE SOUTH 12°17'03" EAST, continuing over and across the remainder of the said 209.2045 acre Delaware Extension Development, Ltd. tract for a distance of 203.49 feet to the POINT OF BEGINNING and containing 1.1337 Acres, more or less. p KE �►v �NUE a v. tV � � �N� VPg1Esi m = 0. V PLC t °w 0 PZ2022-325: Request for a Specific Use Permit to allow a primary care facility in the GC- MD-2 (General Commercial -- Multiple -Family Dwelling-2) District. Applicant: Zach Rowe on behalf of Arfeen Properties, L.P. Location- 6480 Delaware Street 0 100 200 Feet -A EXHIBIT "B" September 27, 2022 Consider a request for Specific Use Permit to allow a Recreational Vehicle Park in the GC -MD (General Commercial —Multiple Family Dwelling) District located at 1580 W. Florida Avenue BEAUMONT I T E X A S TO: City Council FROM: Kertneth R, Williams, City Manager Gj0 PREPARED BY: Chris Boone, Director of Plainiing and Community Development MEETING DATE: September 27, 2022 REQUESTED ACTION: Council consider a request for Specific Use Permit to allow a Recreational Vehicle Park in the GC -MD (General Commercial ---Multiple Family Dwelling) District located at 1580 W. Florida Avenue. BACKGROUND Hiral and Hetal Petal are requesting a Specific Use Permit to allow an RV (Recreational Vehicle) park at 1580 W. Florida Avenue. The proposed RV Resort will consist of 61 pad sites with 30-50 AMP electrical and 4" sewer connections. The rental office will be staffed and open for business 24 hours per day. The site plaza does show perimeter landscaping to include trees, where overhead power lines are present, along W. Florida Avenue. Per our City's comprehensive plan, the proposed development is considered to be located in a stable area. Stable area means built up areas characterized by good to excellent structural conditions, blight -free neighborhoods, and vacant parcels which may exist are good to excellent development sites. This proposal appears to be congruent with our comprehensive plan. At a Joint Public Hearing held on September 19, 2022, the Planning Commission reconnnended 8:0 to approve the request for Specific Use Permit to allow a Recreational Vehicle Park in the GC -MD (General Cominercial—Multiple Family Dwelling) District for the property located at 1580 W. Florida Avenue with the following conditions: 1, Where overhead power lines are present along the perimeter landscape edge, no trees shall be permitted in that perimeter landscaped edge. In addition, no trees shall be permitted within a 30' distance from the outermost power line. 2. Shall provide directional lighting to reflect away from residential properties to the east and north. 3. The existing water meters at the southwest of the property must be relocated or a private utility easement shall be provided for the homeowners along the private drive. 4. Construction plans must meet all requirements by Water Utilities for any water and sanitary improvements, including any requirements of the City's backflow, pretreatment and/or FOG program. 5. Construction plans must conform to Drainage District 6 development standards for increased runoff to minimize negative impact to the District's drainage system. 6. Driveways shall be a minimum of 20' in width and no parking shall be permitted within the main lanes of the RV Resort. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of the ordinance with the following conditions; 1. Where overhead power lines are present along the perimeter landscape edge, no trees shall be permitted in that perimeter landscaped edge. In addition, no trees shall be permitted within a 30' distance from the outermost power line. 2. Shall provide directional lighting to reflect away from residential properties to the east and north. 3. The existing water meters at the southwest of the property must be relocated or a private utility casement shall be provided for the homeowners along the private drive. 4. Construction plans must meet all requirements by Water Utilities for any water and sanitary improvements, including any requirements of the City's backflow, pre-treatment and/or FOG program, 5. Construction plans must conform to Drainage District 6 development standards for increased runoff to minimize negative impact to the District's drainage system. 6. Driveways shall be a minimum of20' in width and no parking shall be permitted within the main lanes of the RV Resort. BEAUMONT Planning & Community Development Case Type:Pianning and Zoning Case Sub Type: Specific Use Permit Case #: PZ2022-330 Location: 1580 W Florida Avenue, Beaumont, Texas 77705 Individuals listed on the record: Applicant Hiral Patel and Hetal Patel Missing Address, City, State, or Zip Code in People Property Owner Hiral Patel and Hetal Patel Missing Address, City, State, or Zip Code in People Agent Charles Shajari 87 Interstate 10 N Suite 115 Beaumont, TX 77707 Case Status: REVIEW Tag Name: Florida RV Resort, LLC Initiated On: 8/2212022 2:24:28PM Home Phone: Work Phone: Cell Phone: 281-785-5916 E-Mail: abvijaspor@yahoo.com Home Phone: Work Phone: Cell Phone: E-Mail: Home Phone: 409-351-2601 Work Phone: Cell Phone: 409-351-2601 E-Mail: benchmark1990@gmail.com Case Type: Planning and Zoning Case #: PZ2022-330 Page 1 of 3 Printed On: 8131/2022 � A iIVA _Vq Planning & Community Development Legal Description Being Lot 2, Block 15 of Annie T Warren League and Lot 1 of Metro Plaza, Section 1, Beaumont, Jefferson County, Texas, containing 5.09 acres, more or less. Number of Acres 5.09 Proposed Use RV Resort That the specific use will be The proposed RV Resort will be regulated by the property compatible with and not injurious to management care take care at 24 hours and will be kept up as day the use and enjoyment of other one and will provide superior services and ensuring that making property, nor significantly diminish or lravelors stay with us as enjoyable as possible. impair property values within the immediate vicinity That the establishment of the specific The proposed RV Resort will be constructed and exceed the use will not impede the normal and minimum requirement of City of Beaumont ordinance. There will be orderly development and improvement an 8' wood fence on the west, east side north of the property. There of surrounding vacant property, will be a playground for kids with a chain link fence. Also, a dog yard area along with a picnic area with a BBQ pit, The site will be regulated by City ordinance noise control within time requirement. There will be site security cameras at all site, light poles provided at 100' within the roadway. All roadways will be concrete pavement with markings. The dumpster is located by the entrance with landscape shrubs and enclosure doors. That adequate utilities, access roads, The proposed RV Resort will be designed by a licensed professional drainage and other necessary onglneer in the state of Texas which will provide adequate drainage supporting facilities have been or will calculation with detention pond and outfall discharge point as per be provided drainage study. All the private utilities will comply with the plumbing codes requirements and 8" C-900 waterline extension within the proposed 10' exclusively waterline easement and provide fire hydrants as per fire code. All roadways will be 6" reinforced concrete pavement with drainage and grading design. The design, location and arrangement The proposed RV Resort will be designed for all safety requirements of all driveways and parking spaces of drainage criteria, one 25' wide entrance and radii to meet the provides for the safe and convenient guidelines and provide safety ends at each side of the driveway. movement of vehicular and pedestrian There will be a stop sign at the exit entering Florida Ave. All traffic roadways are designed for 14' one-way and 20' wide two ways for fire truck accessibility with all turning radii of greater than 25' as shown on site plan. There will be 25 parking spaces That adequate nuisance prevention The proposed RV Resort will be regulated by the property measures have been or will be taken management team, and in-house attendant at the site 24 hours to prevent or control offensive odor, which will be monitoring the site for QAIQC of physical appearance fumes, dust, noise and vibration and cleanliness. The dumpster provided enclosure doors and a fence surrounded with class A trees at 25' apart. There will be guidelines and brochures for not littering and a map of the site for dumpster locations. There will be a guidoline for cooking in designated areas and BBQ pit locations. Since there are no dirt roadways, dust will not be issued. If any noise or vibration is noted at the site, the tenet will be notified for warning. Case Type: Planning and Zoning Page 2 of 3 Case 4: PZ2022-330 Printed On: 8/3112022 4FA�77�[*7:Y� Planning & Community Development That directional lighting will be The proposed RV Resort will have the sign and lights for directional provided so as not to disturb or as per City ordinance requirement. All the lighting systems at the adversely affect neighboring site will be LED with proper design luminous to not disturb or affect properties That there are sufficient landscaping and screening to insure harmony and compatibility with adjacent property That the proposed use is in accordance with the Comprehensive Plan Notes: neighboring properties. The proposed RV Resort will have a 6' landscape buffer in front of property with shrubs at 24" C-C and trees at 26' apart on west, north and east per City ordinance and V water meter irrigation with RPZ in cage. The proposed RV Resort will be designed and as per all City of Beaumont Codes, Ordinance. Case Type: Planning and Zoning Page 3 of 3 Case #: PZ2022-330 Printed On: 8/31/2022 Florida RV Resort, LLC, Property Owners 1580 West Florida Ave 13caumont, TX 77705 August 22, 2022 The proposed RV resort project will at 61 pads. We will provide total management of property with manager on site and staff at 24 hours for traveler's assistant. Each RV pads will have a state of art pedestal with utility connections, water, 30 & 50 AMP electric & internet WiFi at location. There is a 4" sewer connection for RV at designated location within the 3' grass area. The site will be fenced on all 4 sides and provide the camera and security systems for monitoring. The office will be facing south by the Hwy side to monitor the site and visible activities of traffic in and out. We would like to start the project in late fall of 2022 with ground break and construction. Our goal is to approach the travelers with good quality of service, enjoyment of park with amenities that designed to provide the high -end experience you deserve when visiting and leave with good memories. Sincerely, Property Owner I Florida RV Resort 1580 West Florida Avenue, eeaumonl, m Texas77105 ORDINANCE NO, ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW RECREATIONAL VEHICLE PARK IN A GC -MD (GENERAL COMMERCIAL -MULTIPLE FAMILY DWELLING) DISTRICT FOR PROPERTY LOCATED AT 1580 W. FLORIDA AVENUE IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS, Hiral and Hetal Petal have applied for a specific use permit to allow a recreational vehicle park in a GC -MD (General Commercial -Multiple Family Dwelling) District for property located at 1580 W. Florida Avenue, being Lot 2, Block 15 of Annie T Warren League and Lot 1 of Metro Plaza, Section 1 in Beaumont, Jefferson County, Texas, containing 5.09 acres, more or less as shown on Exhibit "A," attached hereto; and, WHEREAS, the Planning and Zoning Commission of the City of Beaumont considered the request and is recommending approval of a specific use permit to a recreational vehicle park in a GC -MD (General Commercial -Multiple Family Dwelling) District for property located at 1580 W. Florida Avenue, subject to the following condition: • Where overhead power lines are present along the perimeter landscape edge, no trees shall be permitted in that perimeter landscaped edge. In addition, no trees shall be permitted within a 30' distance from the outermost power line; • Shall provide directional lightening to reflect away from residential properties to the east and north; • The existing water meters at the southwest of the property must be relocated or a private utility easement shall be provided for the homeowners along the private drive; • Construction plans must meet all requirements by Water Utilities for any water and sanitary improvements, including any requirements of the City's backflow, pre-treatment and/or FOG program; • Construction plans must conform to Drainage District 6 development standards for increased runoff to minimize impact to the District's drainage system. and, • Driveways shall be a minimum of 20' in width and no parking shall be permitted within the main lanes of the RV Resort; WHEREAS, the City Council is of the opinion that the issuance of such specific use permit to allow a recreational vehicle park is in the best interest of the City of Beaumont and its citizens; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this ordinance are hereby, in all things, approved and adopted; and, Section 1. That a specific use permit to allow a recreational vehicle park in a GC -MD (General Commercial -Multiple Family Dwelling) District for property located at 1580 W. Florida Avenue, being Lot 2, Block 15 of Annie T Warren League and Lot 1 of Metro Plaza, Section 1 in Beaumont, Jefferson County, Texas, containing 5.09 acres, more or less, as shown on Exhibit "A," is hereby granted to Hiral and Hetal Petal, its legal representatives, successors and assigns, as shown on Exhibit "B," attached hereto and made a part hereof for all purposes, Section 2. That the specific use permit herein granted is expressly issued for and in accordance with each particular and detail of the site plan attached hereto as Exhibit "B" and made a part hereof for all purposes. Section 3. Notwithstanding the site plan attached hereto, the use of the property herein above described shall be in all other respects subject to all of the applicable regulations contained in Chapter 28 of the Code of Ordinances of Beaumont, Texas, as amended, as well as comply with any and all federal, state and local statutes, regulations or ordinances which may apply. The meeting at which this ordinance was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 27th day of September, 2022. - Mayor Robin Mouton - LEGAL DESCRIPTION FOR ORDINANCE PURPOSES Being Lot 2, Block 15 ofAimie T Warren League and Lot 1 of Metro Plaza, Section 1, Beaumont, Jefferson County, Texas, containing 5.09 acres, more or less. Fa 9ubl[c io3dway) 15S0 Vlest fla rWa Avenue, 6eaumontTews77705 EXHIBIT "A" PZ2022-330: Request for a Specific Use Permit to allow a recreational vehicle park in the C-MD (General Commercial --- Multiple -Family Dwelling) District. pplicant: Hirai and Hetal Petal ocation: 1.580 W. Florida Avenue 0 100 200 1 1 k Feet EXHIBIT "B" T September 27, 2022 Consider a request for a Rezone from RS (Residential Single -Family Dwelling) to PUD (Planned Unit Development) with a Specific Use Permit to allow a church camp, retreat and youth center located at 7855 Tram Road BEAUMONT I T E X A S TO: City Council FROM: Kenneth R. Williams, City Manager e) 6 PREPARED BY: Chris Boone, Director of Planning and Community Development MEETING DATE: September 27, 2022 REQUESTED ACTION: Council consider a request for a Rezone from RS (Residential Single -Family Dwelling) to PUD (Planned Unit Development) with a Specific Use Permit to allow a church camp, retreat and youth center located at 7855 Tram Road. BACKGROUND Jimmy Duplissy of M3 Ranger Builders, L.L.C., on behalf of the Diocese of Beaumont is requesting a rezoning from RS (Residential Single -Fancily Dwelling) to PUD (Planned Unit Development) with a Specific Use Permit to allow a church camp, retreat and youth center at 7855 Tram Road. The 62-acre center will include a multi -purpose building for meetings, a chapel for religious services, cabins for overnight stays, a covered pavilion, play field for outdoor activities and walking trails. Normal hours of operation for the youth center will be Monday thru Friday, 7:30a.m. till 4:00p.m. Weekend retreats will include overnight stays and there will be supervised your group meetings after school during the week. The existing retreat center to the south is currently zoned PUD. Rezoning the subject property to PUD would allow for the Specific Use Permit needed to allow the requested youth encampment. The comprehensive plan indicates this area should be developed as a neighborhood growth unit. The requested PUD zoning could allow for such growth in the event the property is sold. The property is bordered by Walker Branch ditch on the east, Tram Road to the north and N. Major Drive to the west. The site plan includes a minimum of 70 feet of natural woods between the development and other properties or rights -of -way on all sides. As long as these wooded areas are maintained, no perimeter landscaping will be required. For the parking area, four (4) islands, peninsulas, or Medians will be required. The medians shall be required to contain one (1) class A tree or two (2) class B trees for each twenty-five (25) linear feet of median. Each island or peninsula required shall at minimum contain one (1) class A tree or two (2) class B trees, At a Joint Public Hearing held on September 19, 2022, the Plaiuiing Commission recommended 8:0 to approve the request for a Rezone from RS (Residential Single -Fancily Dwelling) to PUD (Planned Unit Development) with a Specific Use permit to allow a church camp, retreat and youth center for the property located at 7855 Tram Road. with the following conditions: 1, Constructions plans nxust meet all requirements by Water Utilities for any water and sanitary sewer improvements, including any requirements of the City's backflow, pre-treatment, and/or FOG program. 2. Maintain all wooded perimeters or comply with the Ordinance requirements for perimeter landscaping and screening. 3. Provide four (4) landscaped islands, peninsulas, or medians to meet Ordinance requirements. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of the ordinance with the following conditions: 1. Constructions plans must meet all requirements by Water Utilities for any water and sanitary sewer improvements, including any requirements of the City's backflow, pretreatment, and/or FOG program. 2. Maintain all wooded perimeters or comply with the Ordinance requirements for perimeter landscaping and screening. 3. Provide four (4) landscaped islands, peninsulas, or medians to meet Ordinance requirements. BEAUMONT Planning & Community Development Case Type:Planning and Zoning Case Sub Type: Specific UselRezone Case #: PZ2022-332 Location: 7855 TRAM RD, BEAUMONT, 77713 Individuals listed on the record: Applicant M3 Ranger Builders, LLC P.O. Box 21882 Beaumont, TX 77720 Property Owner Diocese of Beaumont 710 Archie Street Beaumont, TX 77701 Agent Jimmy Duplissey P.O. Box 21882 Beaumont, TX 77720 Case Type: Planning and Zoning Case M PZ2022-332 Case Status: REVIEW Tag Name: Diocese of Beaumont Youth Center Initiated On: 8/17/2022 9:39:18AM Home Phone: Work Phone: Cell Phone: 4098805851 E-Mail: jimduplissey@gt.rr.com Home Phone: Work Phone: Cell Phone: 4097198453 E-Mail: Home Phone: Work Phone: Cell Phone: 4098805851 E-Mail: jimduplissey@gl.rr.com Page 1 of 3 Printed On: 8/30/2022 BEAUMONT Planning & Community Development Legal Description Piat RS 5, Tracts 39, 40, 57, 58B, 58C & 116 D. Easley Survey, Abstract 20 Number of Acres 62.34 Proposed Use Youth Center That the specific use will be The specific use will be for a new ecumenical youth center adjacent compatible with and not injurious to to the existing Holy Family Retreat Center. The property will maintain the use and enjoyment of other a minimum forty -foot natural forest barrier to all surrounding property, nor significantly diminish or properties. impair property values within the immediate vicinity That the establishment of the specific The new youth center's north boundary is Tram Read, the east use will not impede the normal and boundary is the LNVA overflow ditch, the west boundary is Major orderly development and improvement Drive, the south boundary borders the existing Holy Family Retreat of surrounding vacant property; Center and parcel 128596. Regarding parcel 128596, we will maintain a forty -foot minimum of natural forest area. We will also install a six-foot tall cyclone fence (including secured entry/exit gates) around the entire perimeter of the new youth center. Normal operating hours will be the same as the existing Holy Family Retreat Center. The youth center will comply with the City of Beaumant's Ordinance (Article 12.08 Noise, Section 12.08.005 "Maximum Permissible Sound Levels" Residential Property 7:00 a.m. to 10:00 p.m.) That adequate utilities, access roads, Adequate utilities, access roads, drainage and other necessary drainage and other necessary supporting facilities are existing and available at the site. Whiteley supporting facilities have been or will Oliver Engineering will provide final utility and drainage design in be provided accordance with the City of Beaumont's requirements. The design, location and arrangement The design, location and arrangement of all driveways and parking of all driveways and parking spaces spaces are shown on the attached site plan. Our design provides for provides for the safe and convenient the safe and convenient movement of vehicular and pedestrian traffic; movement of vehicular and pedestrian into, out of and within the site. Final civil engineering drawings will be traffic provided with the permit application. That adequate nuisance prevention Intended use of the property will not produce offensive odors, fumes, measures have been or will be taken dust and vibration. The youth center will comply with the City of to prevent or control offensive odor, Beaumont's Ordinance (Article 12.08 Noise, Section 12.08.005 fumes, dust, noise and vibration "Maximum Permissible Sound Levels" Residential Property 7:00 a.m. to 10:00 p.m.) That directional lighting will be All lighting will be directional in nature and contained within the site. provided so as not to disturb or Driveway entrances will be illuminated for safety. We are maintaining adversely affect neighboring a minimum of forty -foot natural forest barrier for privacy. properties That there are sufficient landscaping We are maintaining a minimum of forty -foot natural forest barrier for and screening to insure harmony and privacy. Parking lot landscaping will be provided per city compatibility with adjacent property requirements. We will install landscaping at the main front entry located on Major Drive for aesthetic appeal. We will be requesting relief from the city's ordinance for construction of sidewalks along Tram Road and Major Drive, A separate letter providing engineering justification will follow via email to the planning department. Case Type: Planning and Zoning Page 2 of 3 Case #: PZ2022-332 Printed On: 813012022 BEAUMONT Planning & Community Development That the proposed use is in The proposed use is in accordance with the Comprehensive Plan accordance with the Comprehensive which will assist with further developing the north end of Beaumont. Plan Notes: Case Type: Planning and Zoning Page 3 of 3 Case M PZ2022-332 Printed On: 8/30/2022 B U 1 L D E R 5 August 23, 2022 City of Beaumont 801 Main Street Beaumont, Texas 77701 SUBJECT: SPECIFIC USE PERMIT (SUP} & SUP/REZONE APPLICATION Ladies and Gentlemen, We submit the following request and information for a Specific Use Permit and Rezone for property owned by the Diocese of Beaumont. Parcels of land included are 128546, 128598 and 128593. According to JCAD records, the property address is 7855 Tram Road. We are requesting the zoning to be changed from R-S to PUD to permit the following plan, We are proposing to build a new ecumenical youth center adjacent to the existing Holy Family Retreat Center. This new youth center will accommodate retreats and camps for the local community. It will include a multi -purpose building for meetings, a chapel for religious services, cabins for overnight stays, a covered pavilion and play field for outdoor activities, and walking trails. The normal operating hours for the youth center will be Monday through Friday 7:30 a,m. to 4:00 p.m. There will be weekend retreats with overnight stays and supervised youth group meetings after school during the week. We appreciate your consideration of our proposal and the opportunity to further develop the north Beaumont area. Very truly yours, M3 Ranger Builders, LLC Jimmy Duplissey President � � � � | � � | a � | § �\ « %(§ o ) IL |. ,... k ORDINANCE NO, ENTITLED AN ORDINANCE AMENDING CHAPTER 28 OF THE CODE OF ORDINANCES OF BEAUMONT, TEXAS, AND IN PARTICULAR THE BOUNDARIES OF THE ZONING DISTRICTS, AS INDICATED UPON THE ZONING MAP OF BEAUMONT, TEXAS, BY CHANGING THE ZONING OF PROPERTY PRESENTLY ZONED RS (RESIDENTIAL SINGLE-FAMILY DWELLING) TO PUD (PLANNED UNIT DEVELOPMENT) PROPERTY LOCATED AT 7855 TRAM ROAD, BEAUMONT, JEFFERSON COUNTY, TEXAS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That Chapter 28 of the Code of Ordinances of Beaumont, Texas, and in particular the boundaries of the zoning districts, as indicated upon the Zoning Map of the City of Beaumont, referred to in Section 28.01.005(b) thereof, is hereby amended by changing the zoning of property presently zoned RS (Residential Single -Family Dwelling) District to PUD (Planned Unit Development) District with a Specific Use Permit to allow a church camp, retreat and youth center at the property located at 7855 Tram Road, being plat RS 5, Tracts 39,40,57,58B,58c and 116 of the D Easley Survey, Abstract 20 Beaumont, Jefferson County, Texas, containing 62.34 acres, more or less as shown on Exhibit "A," attached hereto, and the official zoning map of the City of Beaumont is hereby amended to reflect such changes. Section 2. That, in all other respects, the use of the property herein above described shall be subject to all of the applicable regulations of the underlying zoning district as well as those regulations contained in Chapter 28 of the Code of Ordinances of Beaumont, Texas, as amended. Section 3. That if any section, subsection, sentence, clause of phrase of this ordinance, or the application of same to a particular set of persons or circumstances, should for any reason be held to be invalid, such invalidity shall not affect the remaining portions of this ordinance, and to such end, the various portions and provisions of this ordinance are declared to be severable. Section 4. That all ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only. Section 5. That any person who violates any provision of this ordinance shall, upon conviction, be punished, as provided in Section 1.01.009 of the Code of Ordinances of Beaumont, Texas. The meeting at which this ordinance was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 27th day of September, 2022. Mayor Robin Mouton - LEGAL DESCRIPTION FOR ORDINANCE PURPOSES Being Plat RS 5, Tracts 39, 40, 57, 58B, 58C and 116 of the D Easley Survey, Abstract 20, Beaumont, Jefferson County, Texas, containing 62.34 acres, more or less. mill Lu ! ` [� IE C3 ty \ \ iu �\ H A LV �i LL ' tI� .618'—�." Ise• i I- , _ .•�1 i' ire I CD W Z2022-332: Request for a Rezone from RS (Residential Single -Family Dwelling) to PUD Planned Unit Development) with a Specific Use Permit to allow a church camp, retreat and youth center. Applicant: M3 Ranger Builders, L.L.C. on behalf of the Diocese of Beaumont Location: 7855 Tram Road o 500 1,000 Feet I n September• 27, 2022 Consider a request for a Specific Use Permit to allow a garage apartment in an RS (Residential Single Family Dwelling) District located at 1050 Avalon Street TEXAS TO: City Council FROM: Kenneth R. Williams, City Manager G'> (� PREPARED BY: Claris Boone, Director of Planning and Community Development MEETING DATE: September 27, 2022 REQUESTED ACTION: Council consider a request for a Specific Use Permit to allow a garage apartment in an RS (Residential Single Family Dwelling) District located at 1050 Avalon Street. BACKGROUND Brenda Mendez requests approval of a Specific Use Permit (SUP) to allow a second dwelling on a single lot located at t050 Avalon Street. The proposed 1,323sgft building will include a two -car garage with an apartment above it. The apartment will be living quarters to Ms. Mendez's parents as they are retiring soon. At a Joint Public Hearing held on September 19, 2022, the Planning Commission recommended 8:0 to approve the request for a Specific Use Permit to allow a garage apartment in an RS (Residential Single Family Dwelling) District for the property located at 1050 Avalon Street with the following conditions: 1. The garage apartment shall not be leased. 2. The garage apartment shall utilize the existing water meter on the property. A new domestic water meter shall not be issued to the garage apartment. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of the ordinance with the following conditions: 1. The garage apartment shall not be leased. 2. The garage apartment shall utilize the existing water meter on the property. A new domestic water meter shall not be issued to the garage apartment. Manning & Community Development Case Type:Planning and Zoning Case Status: REVIEW Case Sub Type: Specific Use Permit Tag Name: New garage and apartment Case #: PZ2022-336 Initiated On: 8/23/2022 5:58:29PM Location: 1050 AVALON ST, BEAUMONT, 77707 Individuals listed on the record: Applicant brenda mendez Home Phone: 5730 wynden way Work Phono: beaumont, tx 77706 Cell Phone: 4093659793 E-Mail: b.mendezl714@gmall.com Property Owner ricardo Cortez rodriguez Home Phone: 1050 avalon st Work Phone: Beaumont, tx 77707 Cell Phone: 4092936568 E-Mail: rico.cortezll@gmail,com Case Type: Planning and Zoning Page 1 of 2 Case #: PZ2022-336 Printed On: 8/31/2022 BEAUMONT Planning & Community Development Legal Description Being Plat SP-7, Tract 162 of the C. Williams Survey, Abstract 59, Beaumont, Jefferson County, Texas, containing 0.65 acres, more or less. Number of Acres 0.65 Proposed Use Second dwelling on a IRS property. That the specific use will be The specific use will be compatible and not injurious to the use or compatible with and not injurious to enjoyment of any other property. the use and enjoyment of other property, nor significantly diminish or impair property values within the immediate vicinity That the establishment of the specific use will not impede the normal and orderly development and improvement of surrounding vacant property; That adequate utilities, access roads, drainage and other necessary supporting facilities have been or will be provided The design, location and arrangement of all driveways and parking spaces provides for the safe and convenient movement of vehicular and pedestrian traffic That adequate nuisance prevention measures have been or will be taken to prevent or control offensive odor, fumes, dust, noise and vibration That directional lighting will be provided so as not to disturb or adversely affect neighboring properties That there are sufficient landscaping and screening to insure harmony and compatibility with adjacent property That the proposed use is in accordance with the Comprehensive Plan Notes: The establishment will not impede any way the normal development and improvement of any surrounding vacant properties, All necessary and adequate facilities will be provided as required. The design, location, and arrangement of all driveways and parking spaces provides for the safe and convenient movement of vehicular and pedestrian traffic without affecting the public or any other developments. Nuisance prevention measures will be taken to control the noise of contstruction. Other than that there will be no other nuisances. There will not be any direct lighting that will affect any neighbor. This is a residential construction and should not require landscaping. The proposed use is in accordance with the comprehensive plan. Case Type: Planning and Zoning Case It: PZ2022-336 Page 2 of 2 Printed On: 8/3112022 ORDINANCE NO. ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A GARAGE APARTMENT IN AN RS (RESIDENTIAL SINGLE- FAMILY DWELLING) DISTRICT FOR PROPERTY LOCATED AT 1050 AVALON STREET IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS, Brenda Mendez has applied for a specific use permit (SUP) to allow a garage apartment in the RS (Residential Single -Family Dwelling) District for property located at 1050 Avalon Street, being Plat SP-7, Tract 162 of the C. Williams Survey, Abstract 59, in Beaumont, Jefferson County, Texas, containing 0.65 acres, more or less as shown on Exhibit "A," attached hereto; and, WHEREAS, the Planning and Zoning Commission of the City of Beaumont considered the request and is recommending approval of a specific use permit to allow a garage apartment in the RS (Residential Single -Family Dwelling) District for property located at 1050 Avalon Street, subject to the following condition: and, The garage apartment shall not be leased; • The garage apartment shall utilize the exiting water meter on the property. A new domestic water meter shall not be issued to the garage apartment; WHEREAS, the City Council is of the opinion that the issuance of such specific use permit to allow a garage apartment is in the best interest of the City of Beaumont and its citizens; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this ordinance are hereby, n all things, approved and adopted; and, Section 1. That a specific use permit to allow a garage apartment in the RS (Residential Single Family Dwelling) District for property located at 4570 Highland Avenue, being part of Lot 2A, College Heights Replat, in Beaumont, Jefferson County, Texas, containing 0.27 acres„ in Beaumont, Jefferson County, Texas, containing 0.27 acres, more or less, as shown on Exhibit "A," is hereby granted to Brenda Mendez, its legal representatives, successors and assigns, as shown on Exhibit "B," attached hereto and made a part hereof for all purposes, Section 2. That the specific use permit herein granted is expressly issued for and in accordance with each particular and detail of the site plan attached hereto as Exhibit "B" and made a part hereof for all purposes. Ccr+finn 'A Notwithstanding the site plan attached hereto, the use of the property herein above described shall be in all other respects subject to all of the applicable regulations contained in Chapter 28 of the Code of Ordinances of Beaumont, Texas, as amended, as well as comply with any and all federal, state and local statutes, regulations or ordinances which may apply. The meeting at which this ordinance was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551, PASSED BY THE CITY COUNCIL of the City of Beaumont this the 27th day of September, 2022. - Mayor Robin Mouton - LEGAL DESCRIPTION FOR ORDINANCE PURPOSES Being Plat SP-7, Tract 162 of the C. Williams Survey, Abstract 59, Beaumont, Jefferson County, Texas, containing 0.65 acres, more or less. �b 3: O 0 C.t CD Cal Avalon St 1 (.7" EXH I BIT "A" LS PZ2022-336: Request for a Specific Use Perinit to allow a garage apartment in an RS (Residential Single Family Dwelling) District. pplicant: Brenda Mendez ocation: 1050 Avalon Street 0 100 200 1 1 1 1 Feet b a I P �I I. c BR1GH7ON !� C-MO EXHIBIT "B" 1 • September 27, 2022 Consider a request for a Specific Use Permit to allow a fiiel and convenience store with a washateria and general retail in an GC-MD-2 (General Commercial — Multiple -Family Dwelling - 2) District located at 4320 N. Major Drive TEXAS TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Chris Boone, Director of Plam-iing and Community Development MEETING DATE: September 27, 2022 REQUESTED ACTION: Council consider a request for a Specific Use Permit to allow a fuel and convenience store with a washateria and general retail in an GC-MD-2 (General Commercial — Multiple -Family Dwelling - 2) District located at 4320 N. Major Drive. BACKGROUND Hani Tohnae on behalf of Aftab Sultan is requesting a Specific Use Permit to allow a ftiel and convenience store at 4320 N. Major Drive. The property will include two (2) spaces for lease, such as a washateria or general retail space. Hours of operation will be from seven (7) days per week from 5:00 a.m, util 11:00 p.m. Plans show a sidewalk in the TXDOT right-of-way along N. Major Drive as well as an exit driveway. Written permission from TXDOT for the driveway and sidewalk will need to be provided. In addition, two (2) class B trees will be required in the six (6) foot wide landscaped strip along N. Major Drive for every twenty-five (25) linear feet. At a Joint Public Hearing held on September 19, 2022, the Planning Commission reconuiiended 8:0 to approve the request for a Specific Use Permit to allow a fuel and convenience store with a washateria and general retail in an GC-MD-2 (General Commercial — Multiple -Family Dwelling - 2) District for the property located at 4320 N. Major Drive. with the following conditions: 1. Provide written permission from TXDOT for a sidewalk in the right-of-way and driveway on N. Major Drive. 2. Add class B trees to the landscaped buffer along N. Major Drive. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of the ordinance with the following conditions: 1, provide written permission from TXDOT for a sidewalk in the right-of-way and driveway on N. Major Drive. 2. Add class B trees to the landscaped buffer along N. Major Drive. BEAUMONT Planning & Community Development Case Type:Planning and Zoning Case Sub Type: Specific Use Permit Case #: PZ2022-338 Location: 4320 NORTH MAJOR DRIVE, BEAUMONT, TX Individuals listed on the record; Applicant Aftab Sultan Missing Address, City, State, or Zip Code in People Property Owner Aftab Sultan- Sultan LLC Missing Address, City, State, or Zip Code in People Agent Han! Tohme 85 Interstate Frontage Rd. Suite 204A Beaumont, TX 77707 Case Status: REVIEW Tag Name: New Gas Station C-store strip center Initiated On: 8/2412022 1:24:00PM Horne Phone: Work Phone: Cell Phone: 409-658-7942 E-Mail: aftfabsultan87@yahoo.com Horne Phone: Work Phone: Cell Phone: 409-658-7942 E-Mail: Home Phone: Work Phone: Cell Phone: 409-782-9520 E-Mail: tohmehani@yahoo.corn Case Type: Planning and Zoning Case M PZ2022-338 Page 1 of 3 Printed On: 8/26/2022 BEAUMONT Planning & Community Development Legal Description Plat IDS-4, the west 205 ft. of Tract'i_L-5, W.B, Dychess Survey, Abstract 17 Number of Acres 1.24 Proposed Use gas stationlc-store, washeteria & retail That the specific use will be The proposed gas station and convenience store is a business compatible with and not injurious to compatible with other businesses in the area along Major Drive. The the use and enjoyment of other management team as well as the responsible party of the proposed property, nor significantly diminish or project will be unequivocally committed to making this location impair property values within the another successful store that will provide superior quality services for immediate vicinity the area between the hours of 5 AM and 11 PM. As the area's multifamily developments grow, this business will provide necessary services to the residents. The Project will comply with all the building regulations and safety standards set forth by the City of Beaumont, Drainage District 6 and the Texas Department of Transportation. In addition to providing much needed services/resources, our Project will encourage future business growth at various capacities that would help in the social and economic transformation of this area. That the establishment of the specific The objective of building a gas station and convenience store at this use will not impede the normal and location is to primarily provide and fulfill a needed service for all the orderly development and improvement residents of the multifamily complexes being developed in the area of surrounding vacant property; as well as the single-family residents and businesses. This facility will also provide a fuel source on one of the City's major evacuation routes. As the area continues to grow and expand, this business will attract the development of different types of other businesses. That adequate utilities, access roads, The proposed development will be designed by a licensed drainage and other necessary Professional Engineer registered in State of Texas. The property supporting facilities have been or will located on North Major Drive and Northwest Parkway have access to be provided drainage facilities of Northwest Parkway and North Major Drive. City water and wastewater services are available as well on both access streets. Privately owned utilities such as power, gas and Internet are also available in the area. When Northwest Parkway was designed, it was planned for business growth and development such as the one proposed by this project. The design, location and arrangement The development is proposed to be constructed on a corner lot of all driveways and parking spaces between North Major Drive and Northwest Parkway. Access to the provides for the safe and convenient development from North Major drive will have to be approved by the movement of vehicular and pedestrian Texas Department of Transportation while access from Northwest traffic Parkway will have to be approved by the City of Beaumont. If the proposed driveway on the site plan is not approved by the Texas Department of Transportation, access to the development will be through an existing driveway located on the south borderline of the property. The site plan provides 17 parking spaces designed as per the City of Beaumont parking spaces standards and specifications. Case Type: Pianning and Zoning Page 2 of 3 Case #: PZ2022-338 Printed On: 8126/2022 *1 JA TL - a _m"l IA *1 Planning & Community Development That adequate nuisance prevention ............................ The proposed development will be regulated by the property measures have been or will be taken management team. Part of their job descriptions, will be monitoring to prevent or control offensive odor, the site for QAIQC of physical appearance and cleanliness. The fumes, dust, noise and vibration dumpster proposed will have enclosure doors and a wooden fence. There will be guidelines provided to the future tenants in their contracts aimed at ensuring a professional appearance and method of operation. Since there are no dirt roadways, dust will not be an issue. The development operators will abide by the noise and vibration Ordinances set by the City of Beaumont. A gas station and convenience store is not generally a source of odor or noise. That directional lighting will be The lighting at the proposed development will be designed by an provided so as not to disturb or Electrical Engineer and will meet the City of Beaumont's Ordinance, adversely affect neighboring guidelines and regulations. All the lighting system at the site will be properties LED with properly designed luminous in order not to disturb or affect neighboring properties and traffic. That there are sufficient landscaping The proposed development will have the 6' landscape buffer on North and screening to insure harmony and Major Drive and Northwest Parkway sides. In addition, compatibility with adjacent property island slpeninsulas will be installed as required by the City of Beaumont Landscaping Ordinance. A 1" irrigation water meter with an RPZ will be used to water all the landscaping. That the proposed use is in The proposed development will be designed as per all City of accordance with the Comprehensive Beaumont Codes and Ordinances, as well as the Texas Department Plan of Transportation and Drainage District 6 drainage guidelines. The proposed gas station and convenience store will have unique architectural design which will be appealing to the customers, add value to the existing businesses, provide a needed service to the area and help attract more businesses to the City. Notes., Case Type: Planning and Zoning Page 3 of 3 Case #: PZ2022-338 Printed On: 8/26/2022 Property Owner Sultan, LLC Develop erlBusiness Owner Sultan, LLC Proposed Project: Gas Station and Convenience Store Proposed Project Location: 4320 North Major Drive, Beaumont, Texas August 24, 2022 We are requesting a Specific Use Permit for a gas station and convenience store located at the south -cast corner of North Major Drive and Northwest Parkway. The development will also include 2 spaces available for rent for businesses such as a washateria and retail store. Separate Specific Use Pert -nits will be applied for the rental spaces in the future if different businesses are identified. The project will consist of constructing a 180-feet by 50-feet structural steel building on a reinforced concrete foundation. The building will be architecturally attractive with projections and varying elevations, and a mixture of stucco and stone for the exterior wall cladding. The Owner will operate the gas station and convenience store business with 4 employees onsite while providing management support with offsite staff. The gas station and convenience store will operate between the hours of 5 AM and 11 PM. The entire site will have landscaping as per the City of Beaumont Landscaping Ordinance and will provide exterior lighting for easy usage and security purposes. A pre -development meeting with the City staff was held to discuss all requirements and compliance with Building Codes, Fire Department, Public Works Department, DD6, Water Utilities, etc. All their comments will be implemented into our design in order to acquire for construction permitting. We would like to start the construction of the project in September 2022. The clearing and grading of the property already started. This project will contribute to the growth on Northwest Parkway and will attract more businesses to the area. The gas station and convenience store will provide much needed services to the area residents and will be an important source of fitel during an evacuation due to inclement weather or other emergencies. mom XL'1NOVJf1V39'3AlNG NOFVW N Mir Nolivis We I [ Y I 1 I FF i � �. 1 PZ i 1 1 6 k 1 J A i1J W 1 V) � m 4 W I s �4 .-1 I J i711 d I 4 i F 1 .1�4L .s-a 6 LLU LU 1— i� 9 ��' i_Se7��N 1 .k { I 3 1 1 k � 1 Q I I � 1 1 1 1 {, � 1 I - � w ;:.. W I � I N 3 p Z LS! 9 ✓gip 9 BI 1 .gal EZ ORDINANCE NO. ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A FUEL AND CONVENIENCE STORE WITH A WASHERTERIA AND GENRAL RETAIL IN A GC-MD-2 (GENERAL COMMERCIAL - MULTIPLE FAMILY DWELLING-2) DISTRICT FOR PROPERTY LOCATED AT 4320 N. MAJOR DRIVE IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS, Hani Tohme on behalf of Aftab Sultan has applied for a specific use permit to allow a fuel and convenience store in a GC-MD-2 (General Commercial -Multiple Family Dwelling-2) District for property located at 4320 N. Major Drive, being part of Plat RS-4, Tracts 305 of the W.B. Dychess Survey, Abstract 17, in Beaumont, Jefferson County, Texas, containing 1.23 acres, more or less as shown on Exhibit "A," attached hereto; and, WHEREAS, the Planning and Zoning Commission of the City of Beaumont considered the request and is recommending approval of a specific use permit to allow a fuel and convenience store in a GC-MD-2 (General Commercial -Multiple Family Dwelling- 2) District for property located at 4320 N. Major Drive, subject to the following condition: and, 1. Provide written permission from TXDOT for a sidewalk in the right-of-way and driveway on N. Major Drive; 2. Add class B tress to the landscaped buffer along N. Major Drive; WHEREAS, the City Council is of the opinion that the issuance of such specific use permit to allow a fuel and convenience store is in the best interest of the City of Beaumont and its citizens; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this ordinance are hereby, in all things, approved and adopted; and, Section 1. That a specific use permit to allow a fuel and convenience store in a GC-MD-2 (General Commercial -Multiple Family Dwelling-2) District for property located at 4320 N. Major Drive, being part of Plat RS-4, Tracts 305 of the W.B. Dychess Survey, Abstract 17, in Beaumont, Jefferson County, Texas, containing 1.23 acres, more or less, as shown on Exhibit "A," is hereby granted to Hani Tohme on behalf of Aftab Sultan, its legal representatives, successors and assigns, as shown on Exhibit "B," attached hereto and made a part hereof for all purposes, Section 2. That the specific use permit herein granted is expressly issued for and in accordance with each particular and detail of the site plan attached hereto as Exhibit "B" and made a part hereof for all purposes. Section 3. Notwithstanding the site plan attached hereto, the use of the property herein above described shall be in all other respects subject to all of the applicable regulations contained in Chapter 28 of the Code of Ordinances of Beaumont, Texas, as amended, as well as comply with any and all federal, state and local statutes, regulations or ordinances which may apply. The meeting at which this ordinance was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 55'1. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 27th day of September, 2022. - Mayor Robin Mouton LEGAL DESCRIPTION FOR ORDINANCE PURPOSES Being Plat RS-4, Tract 305 of the W.B. Dyclress Survey, Abstract 17, Beaumont, Jefferson County, Texas, containing 1.23 acres, more or less. (NIIII� EIOLLL xi '1NOWflbqfl '3ARiC3 210fVW N OZEb S� ] gg fii �9 � � ci N011VIS SVe � I I I 9 � I k Fa a�& � (] z I" I 71 .9 A W U J h 82 m x W II 62422-338: Request for a Specific Use Permit to allow a fuel and convenience store with asheteria and general retail in the GC-MD-2 (General Commercial — Multiple -Family welling-2) District. pplicant: Hani Tolime for Aftab Sultan ovation: 4324 N. Major Drive EXHIBIT "B" 0 100 200 Feet September 27, 2022 Consider a request for a Rezone from LI (Light Industrial) to RS (Residential Single -Family Dwelling) with a Specific Use Permit to allow the expansion of a mobile home park located at 6650 Broadoak Street TEXAS TO: City Council FROM: Kenneth R. Williams, City Manager C�+3 PREPARED BY: Chris Boone, Director of Planning and Cominninity Development MEETING DATE: September 27, 2022 REQUESTED ACTION: Council consider a request for a Rezone from Li (Light Industrial) to RS (Residential Single -Family Dwelling) with a Specific Use Permit to allow the expansion of a mobile home park located at 6650 Broadoak Street. BACKGROUND Aaron Kovar is requesting a Rezone from LI (Light Industrial) to RS (Residential Single -Family Dwelling) with a Specific Use Permit to allow the expansion of Forest Hollow mobile home park, located at 6650 Broadoak Sheet. Plans are to add 144 new lots to the existing 117 lots for a total of 261 lots, Mobile home parks are not permitted in Ll zoning. Rezoning the property to RS allows for the Specific Use Permit request. Properties immediately to the east are currently zoned RS. The comprehensive plan lists this area intended for low density rural development and would be consistent with Residential Single -Family Dwelling zoning, Existing private utilities are not designed or constructed to City standards, therefore, the City will not be responsible for any maintenance of private utilities. In addition, no new private fire hydrants will be allowed. The property intended for the additional lots is located in flood zone AE, The Flood Prevention Ordinance section 24.05,072(4) states for "Manarfactrrred Homes: OReguire that all naatn factored homes to be placed tii,ithin zone A on a community's FHI3M or FIRMshall be installed using methods and practices ivhich nainhnize flood damage. For the purposes of this r•equir•ement, manufactured homes must be elevated and anchored to resist flotation, collapse, or lateral movement. Methods of anchoring may include, bitt are not limited to, use of over -the -top or fi,aine ties to ground anchors. This requirement is in addition to applicable state and local anchoring requirements for- resisting ivied forces, Require that manufactured homes that are placed or substantially improved ivithin zones A1 -30, AH, and AE on the community's FIRAI on sites (i) outside of a manufactured Home park or subdivision, (ii) in a neiv rnant factored home park or subdivision, (iii) in an expansion to an exislirtg manttfacitired horse park or, sttbdivisiora, or (iv) in all existing rrrani faiettrred horse pcil•k or subdivision on )vhich a rnantrfacttir,ed home has incurred "substantial damage" as a result of a flood, be elevated on a permanent foundation such that the loivest floor• of'the inant factured home is elevated to or above the base flood elevation and be securely anchored to an adequately anchored foundation systerrr to resist flotation, collapse, and lateral movement. j,�'LRegtdre that ianufactured homes beingplaced or substantially improved on sites in an existing manufactured horse park or, subdivision ivithin zones AI -30, AH and AE on the coininunity's FIRM that are not subject to the provisions of subsection (4) of this section be elevated so that: fib The loivest member of the manufactured home is a ininirnuin of one (])foot six (6) inches above the base flood elevation; and ii The inant factured Borne chassis is supported by reinforced piers or other foundation elements of at least equivalent strength that are no less than thirty-six (36) inches in height above grade and be securely anchored to an adequately anchored foundation system to resist flotation, collapse, and lateral rnovernent. " For each mobile home installed, an elevation certificate will be required and the mobile home must be elevated so that the lowest member of the mobile home is a minimum of 18" above the Base Food Elevation and no less than 36" above grade. The mobile home must also be securely anchored. The Flood Prevention Ordinance section 24.05.072(4) also states, "Recreational Vehicles: Require that recreational vehicles placed oil sites within zones AI-30, AH, and AE on the contmuniiy's FIRM either: 0 Be oil the site for feiver than one hundred eighty (I80) consecutive days; Be firlly licensed and ready for highivay use; or Meet the permit requirements ofsection 24, 05.043(a) and the elevation and anchoring requirements for rnanufaciured homes in subsection (4) of this section. A recreational vehicle is ready for highway use if it is ore its ivheels or jacking system, is attached to the site only by quick -disconnect type utilities and security devices, and has no perinanentl), attached additions. " Recreational Vehicles must be road ready and onsite fewer than 180 days or elevated and anchored as required for a mobile home. The projected flood maps for Beaumont encompass a larger portion of the property than the effective or adopted map. The projected map more accurately demonstrates the risk for flooding in this area. For this reason, elevation requirements should be enforced according to the projected neap as opposed to the effective neap. At a Joint Public Hearing held on September 19, 2022, the Planning Commission recommended 8:0 to approve the request for a Rezone from LI (Light Industrial) to RS (Residential Single -Family Dwelling) with a Specific Use Permit to allow the expansion of a mobile home park for the property located at 6650 Broadoak Street with the following conditions: 1, Construction plans nnist meet all city standards and specifications for water and sanitary sewer utilities. 2. Bring all existing utilities up to City standards or the City will not be responsible for maintenance and no new private fire hydrants will be allowed. 3. Provide an Elevation Certificate for each mobile home installed and elevate and anchor as required by ordinance. 4. Limit RVs to 180 consecutive days onsite and ensure they are road ready or provide an elevation certificate, obtain permits and elevate/anchor as required for mobile homes. 5. Elevation requirements should be enforced on this property according to the proposed flood (maps for Beaumont. 6. Secondary entrance must meet fire code standards per International Fire Codes 2015. FUNDING SOURCE Not applicable. RE COMMENDATION Approval of the ordinance with the following conditions: 1. Construction plans must meet all city standards and specifications for water and sanitary sewer utilities. 2. Bring all existing utilities up to City standards or the City will not be responsible for maintenance and no new private fire hydrants will be allowed. 3. Provide an Elevation Certificate for each mobile home installed and elevate and anchor as required by ordinance. 4. Limit RVs to 180 consecutive days onsite and ensure they are road ready or provide an elevation certificate, obtain permits and elevate/anchor as required for mobile homes. 5. Elevation requirements should be enforced on this property according to the proposed flood maps for Beaumont. 6. Secondary entrance must meet fire code standards per International Fire Codes 2015. BEAUMONT Planning & Community Development Case Type:Planning and .Zoning Case Sub Type: Specific Use/Rezone Case #: PZ2022-342 Location: 6650 BROADOAK ST, BEAUMONT, 77713 Individuals listed on the record: Applicant Aaron Kovar 11700 Katy Freeway, Suite 800 Houston, TX 77079 Property Owner Americasa at Forest Hollow LLC Missing Address, City, State, or Zip Code in People Agent Aaron Kovar 11700 Katy Freeway, Suite 800 Missing Address, City, State, or Zip Code in People Case Type: Planning and Zoning Case 4: PZ2022-342 Case Status: REVIEW Tag Name: Forest Hollow Mobile Home Park expansion, rezone & SUP Initiated On: 8I312022 9:53:58AM Home Phone: 2815099113 Work Phone: Cell Phone: E-Mail: aaron.kovar@kimley-horn.com Home Phone: Work Phone: Celi Phone: E-Mail: Home Phone: 2815099113 Work Phone: Cell Phone: E-Mail: aaron.kovar@kimley-horn.com Page 1 of 2 Printed On: 8/26/2022 BEAUMONT Planning & Community Development Legal Description Plat RS-4, Tract 92, W.B. Dychess Survey, Abstract 17 Number of Acres 45.60 Proposed Use LI to IRS with SUP for Mobile Home Park That the specific use will be This development will be compatible with the surrounding area, will compatible with and not injurious to not be injurious to the use and enjoyment of other properties, and it the use and enjoyment of other will not significantly diminish or Impair property values within the property, nor significantly diminish or immediate vicinity. There will be adequate buffering and screening of impair property values within the the property between the subject property and all Light Industrial immediate vicinity Zones, That the establishment of the specific With the proposed landscaping buffers and fencing, this development use will not impede the normal and will not negatively impact or impede surrounding development. orderly development and improvement of surrounding vacant property; That adequate utilities, access roads, There appears to be existing infrastructure for water, sanitary sewer, drainage and other necessary and storm drainage that can be tied into for any now development. supporting facilities have boon or will The existing development has a primary access provided by the be provided driveway connected to Broadoak St. The proposed development will be an extension of the existing development allowing access throughout the site. The design, location and arrangement of all driveways and parking spaces provides for the safe and convenient movement of vehicular and pedestrian traffic That adequate nuisance prevention measures have been or will be taken to prevent or control offensive odor, fumes, dust, noise and vibration With the primary access to this lot provided from the existing driveway to Broadoak St., no adverse affects are anticipated to the general public or adjacent developments. Since each mobile home lot will have dedicated vehicular areas, interference with the principal drives is not anticipated throughout the site. Offensive odor, fumes, dust, and vibration are not standard for the proposed uses. Substantial noise is not expected and any noise that may result from fleet maintenance will be completed within reasonable work hours with the exception of emergency situations. Existing sites similar to the one proposed exist in Beaumont, TX, and do not cause related nuisances That directional lighting will be A photometric plan can be prepared (if required) to ensure lighting provided so as not to disturb or does not adversely affect neighboring properties. Since adequate adversely affect neighboring buffers exist around the property, it is not anticipated that site lighting properties will disturb neighboring tracts. That there are sufficient landscaping The development will include sufficient landscape buffer between and screening to insure harmony and adjacent properties to insure harmony and compatibility. compatibility with adjacent property That the proposed use is in This development will meet all requirements and regulations prior to accordance with the Comprehensive opening of business, including those stated within the Plan Comprehensive Plan and other City of Beaumont Ordinances. Notes: Case Type: Planning and Zoning Page 2 of 2 Case #. PZ2022-342 Printed On: 8/26/2022 Kimley»>Horn August 24, 2022 City of Beaumont Planning Division, Room 201 City Hall, 801 Main Street Beaumont, TX 77701 Request for Amendment of the Zoning Ordinance For Called 45.60 acre tract of land out of the W. B. Dyches Survey, Abstract No. 17, City of Beaumont Jefferson County, Texas General Description of Property: The property is a 45.60 AC tract located on the northwest corner of Broadoak St. and the Atchison, Topeka and Santa Fe Railway Company tracks in the City of Beaumont. The tract is currently zones as Light Industrial (LI). Proposed Use of Property: The proposed development would include the renovation and expansion of the existing Mobile Home Park. Request for Zoning Amendment: The lot is currently zoned as Ll. The applicant is requesting to amend the lot currently zoned as Ll to R-S district in order to expand development of the existing development. This zoning amendment request is to be considered in conjunction with the accompanying Specific Use Permit application. As the proposed use is only allowed by Specific Use Permit in the R-S zoning district. Sincerely, Aaron Kovar, PE 281-509-9113 ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING CHAPTER 28 OF THE CODE OF ORDINANCES OF BEAUMONT, TEXAS, AND IN PARTICULAR THE BOUNDARIES OF THE ZONING DISTRICTS, AS INDICATED UPON THE ZONING MAP OF BEAUMONT, TEXAS, BY CHANGING THE ZONING OF PROPERTY PRESENTLY ZONED LI (LIGHT INDUSTRIAL) TO RS (RESIDENTIAL SINGLE-FAMILY DWELLING) WITH A SPECFIC USE PERMIT TO ALLOW THE EXPANSION OF A MOBILE HOME PARK LOCATED AT 6650 BROADOAK STREET, BEAUMONT, JEFFERSON COUNTY, TEXAS; PROVIDING FOR SEVERABILITY, PROVIDING FOR REPEAL AND PROVIDING A PENALTY. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That Chapter 28 of the Code of Ordinances of Beaumont, Texas, and in particular the boundaries of the zoning districts, as indicated upon the Zoning Map of the City of Beaumont, referred to in Section 28.01.005(b) thereof, is hereby amended by changing the zoning of property presently zoned LI (Light Industrial) District to RS (Residential Single- Family Dwelling) District with a Specific Use Permit to allow an expansion of Forest Hollow mobile home park located at 6650 Broadoak Street, being plat RS-4, Tract 92 of the W.B. Dychess Survey, Abstract 17 ,Beaumont, Jefferson County, Texas, containing 45.60 acres, more or less as shown on Exhibit "A," attached hereto, and the official zoning map of the City of Beaumont is hereby amended to reflect such changes. Section 2. That, in all other respects, the use of the property herein above described shall be subject to all of the applicable regulations of the underlying zoning district as well as those regulations contained in Chapter 28 of the Code of Ordinances of Beaumont, Texas, as amended. Section 3. That if any section, subsection, sentence, clause of phrase of this ordinance, or the application of same to a particular set of persons or circumstances, should for any reason be held to be invalid, such invalidity shall not affect the remaining portions of this ordinance, and to such end, the various portions and provisions of this ordinance are declared to be severable. Section 4. That all ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only. Section 5. That any person who violates any provision of this ordinance shall, upon conviction, be punished, as provided in Section 1.01.009 of the Code of Ordinances of Beaumont, Texas. The meeting at which this ordinance was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL. of the City of Beaumont this the 27th day of September, 2022. - Mayor Robin Mouton - LEGAL DESCRIPTION FOR ORDINANCE PURPOSES Being Plat RS-4, Tract 92 of the WR Dychess Survey, Abstract 17, Beaumont, Jefferson County, Texas, containing 45,60 acres, more or less. � r Dcn o Z �u 0 oC 0 v m m> m 1 -v Z I co 2 W Z2022-342: Request for a Rezone from LI (Light Industrial) to RS (Residential Single- F amily Dwelling) with a Specific Use Permit to allow the expansion of a mobile home park, Applicant: Aaron Kovar Location: 6650 Broadoak Street 0 500 1,000 Feet EXHIBIT "B" to ,September 27, 2022 Consider approving the purchase of two added modules to the software solution for city council video management (Swagit) from Rock Solid, Inc of Dallas, Texas TEXAS TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Bart Bartkowiak, Director of Public Works & Technology Services MEETING DATE: September 27, 2022 REQUESTED ACTION: Council consider a resolution approving the purchase of two added modules to the software solution for city council video management (Swagit) from Rock Solid, Inc of Dallas, TX in the amount of $49,321.00. BACKGROUND The City is currently using a manual paper process to prepare both open records requests and the council agenda. Rock Solid, the vendor that we currently use for council video streaming and archiving, offers software solutions for both processes. OneMeeting will provide an agenda solution that will optimize and digitize the agenda and meeting management process. It will integrate the council agenda with the council video and allow viewers to see the agenda alongside the video. This module will be used by the Executive Office as part of agenda creation and by the City Clerk during council meetings to record motions, minutes, actions and take notes. OneRequest will provide a software solution to manage open records requests. It will simplify the process by providing an online request portal, automating workflows, and easily conulrunicating with requesters. The City Clerk and Police Records will use this module. This purchase is exempt from competitive bidding since it is available from only one source having exclusive rights to modify and maintain the software. FUNDING SOURCE Fiscal Year 2023 General Fund. RECOMMENDATION Approval of the resolution. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Council hereby approves the purchase of two added modules to the software solution for the city council video management (Swagit) from Rock Solid, Inc of, Dallas, TX in the amount of 49,321.00. BE IT FURTHER RESOLVED THAT the City Manager be and he is hereby authorized to execute payment in the amount of $49,321.00. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 27th day of September, 2022. - Mayor Robin Mouton - it September 27, 2022 Consider approving the write-off of vincollectibie water accounts TEXAS TO: City Council FROM: Kei eth R. Williams, City Manager PREPARED BY: Todd Sinzoneaux, Chief Financial Officer MEETING DATE: September 27, 2022 REQUESTED ACTION: Council consider a resolution approving the write-off of uncollectible water accounts totaling $51,122.38 for which eaeh individual account exceeds $1,000, BACKGROUND This request is in accordance with the City's current write-off policy approved by City Council on December 21, 1999. The policy gives Council the final authority to write-off an individual account receivable identified as uncollectible with a balance due that exceeds $1,000.00. All accounts have been terminated for at least one year and collection efforts have been unsuccessful, The termination dates for these accounts range from April of 2020 through March of 2021. A detailed report is attached. A customer with a written -off account will not be able to obtain new water service with the City until the delinquent balance has been paid, if at any time it is determined such a customer is associated with a new or an existing account, the written off amount will be reinstated and transferred to that account for payment. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of the resolution. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Council hereby approves the write-off of the following uncollectible water accounts totaling $51,122.38 for which each individual account exceeds $1,000, as shown on Exhibit "A" attached hereto: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, BE IT FURTHER RESOLVED THAT if, at any time, an account becomes collectible after having been written off, the receivable shall be adjusted accordingly and the balance of the account shall be reinstated and payments shall be applied to that balance. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 27th day of September, 2022. - Mayor Robin Mouton - WORK SESSION Review and discuss the creation of an ad hoc Downtown Planning & Development Advisory Committee to advise and act as a steering committee for planning and development efforts in Downtown Beaumont 12 September• 27, 2022 Consider a resolution approving the creation of an ad hoc Downtown Planning & Development Advisory Committee TEXAS TO: City Council FROM: Kenneth R. Williams, City Manager C ft-) PREPARED BY: Chris Boone, Planning & Community Development Director MEETING DATE: September 27, 2022 REQUESTED ACTION: Council conduct a Work Session to review and discuss the creation of an ad hoc Downtown Planning & Development Advisory Committee to advise and act as a steering committee for planning and development efforts in Downtown Beaumont and approve a resolution authorizing the creation of the Committee. BACKGROUND With the upcoming repair ofRiverfront Park and a widespread desire to develop properties along Beaumont's riverfront, the City is now beginning the process of developing a new Downtown Plan in the coming months. In order to better guide this process, it is recommended that an ad hoc Downtown Planning & Development Advisory Committee be established. This ad hoc steering committee is proposed to be comprised of nine members. The proposed Committee composition is patterned after the ad hoc committee established by a prior City Council to evaluate recycling within the city (see attached). Each Councilmember would appoint one member and the Mayor would appoint three members, one of whom would serve as Chairman, Staff liaisons would also serve the Committee. The establishment of this ad hoc would also satisfy a requirement of the amended purchase agreement of 555 Main (sec attached). During a discussion of this issue at the September 13, 2022 meeting of the City Council, there was some consideration of establishing a more formal, standing commission rather than a temporary ad hoc committee. Enclosed is a portion of the City Ordinance which outlines the establishment of permanent boards and commissions. Of course, whether to create the Committee, its composition and its membership would be at the discretion of the Council. FUNDING SOURCE Not applicable. RECOMMENDATION Council conduct the Work Session and Approve the resolution. RICH EA,L111011 VldXT)l OPPORTUNITY 11 T • E • x : A * s City Council Agenda Item. TO: FROM: PREPARED BY: MEETING DATE: City Council Kyle Hayes, City Manager Tyrone E. Cooper, City Attorney April 21, 2009 REQUESTED ACTION: Consider a resolution authorizing the creation of an ad hoc committee to explore the feasibility of various recycling efforts for the City of Beaumont. RECOMMENDATION Administration recommends approval of a resolution authorizing the creation of an ad hoc committee. BACKGROUND The Mayor has suggested that a committee be established to explore the economic Feasibility of various recycling efforts for the City of Beaumont. This committee would be comprised of nine members. Each Councilmember would appoint one member and the Mayor would appoint three members, one of whom would serve as the Chairman. The committee would take its direction from the Mayor with input from the Council. BUDGETARY IMPACT None. RESOLUTION NO. 09-1 00 BE 1T RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT an Ad Hoc Committee be established for the purpose of determining the economic feasibility of a Recycling Program in the City of Beaumont, Texas. BE IT FURTHER RESOLVED THAT the Committee shall be composed of nine (9) members, three (3) appointed by the Mayor and one (1) appointed by each City Council member, The Mayor shall name one of the members as Chairman and one as Vice - Chairman. Members of the Committee shall serve without compensation and shall serve at the pleasure of the City Council. 2009. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 21 st day of April, a�c�MOAi,.' Vayor Becky Ames BEAUMONT TO: City Colmolt FROM: Cris Boone, Internal City Manager PREPARED BY": Slime N. heed, City .Attorney MEETING DATE: July 19, 2022 REQUESTER ACTION,. Council consider a resolution authorizing flee Interim City Manager to execute an Addendimi to the Sates Contract of 5551VIiah1 Street, BACKGROUND The City purchased the property at 555 Main Street on July 29, 2021. The Sates 0011tract had a provision that prohibited the sale and/or rehabilitation -af the property, Vic proposed Addendum would remove the reqWrement that the property be demolished. FUNDING SOURCE None, RECOMMENDATION Approval of zesolution. RESOLUTION NO. BE IT RESOLVED} BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the interim City Manager be and he Is hereby authorized to execute an Addendum to the Sales Contract of 666 Main Street to remove the requirement that the property be demolished. The Addendum is substantially in the form attached hereto as Exhibit "A„ and made a part hereof for all purposes. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter PASSED BY THE CITY COUNCIL. of the City of Beaumont this the 19th day of July, 2022. - Mayor Robin Mouton ADDENDUM TO SALES CONTRACT FOR 555 MAIN S"I`REEt T The Sales Contract executed on July 29, 2021, Is hereby mod lfled as follows; 1. Article 10, the Buyer's information shall be amended to read. To the Buyer: Attention: Chris Boone With a Copy to: Sharae N, Reed trail: Sharae,Reed Beautnonttexas, ov All other information shall remain the same, 2. Article 21 is deleted in its erntirety and replaced with.: Buyer agrees to do the. following: 21,1 Not use or allow the Property to be used for commemial office space, A small portion of the Property may be used as a con nerolal leasing office if the Property is used for a residential housing. 21.1,1 The deed to toe Property shall be amended to include the following language: `Bayer acknowledges and agrees that the Property shall be conveyed. subject to a deed restriction that provides the owner of the Property shall not operate, sell, lease, or allow the operation, sale, or lease of the Property as or for a Conntnteroiai Officc Space from the recording of the deed (tire "Use Restrlctiori"). For purposes of the Use Restriction, a Commercial Office Space shall itnean a building that offers otae or more rooms suited to a business perforimitng office rolated or adtninistrative, dutles, including but not limited to, meeting ollouts or patients, housing documcntation, or sclxeduling appolntments, Tho Use, Restriction shall full with and bind the title of the Property and Buyer shall incorporate the Use Restriction by reference in any conveyance or leasehold estate of all or any portion of the Property, 21.2 Develop and adopt a Downtown. Security Enhancement Plan no later than October 1, 2022. 21.3 Forth an advisory committee empowered with the purpose of formulating a long-term master plain for the revitalization of downtown Beaumont no later than October 31, 2022, This Add c i&in small be incorporated into and deomed a part of the Sales Contract, No additional mod lfiCatiom or alterations to the contract not expressly stated herein will be recognized as part of tile, Sales Contract. EXHIBIT "A" § 2.02.001. Establishment; membership; appointment, term and qualifications of members. (a) City boards and commissions and their duties and responsibilities shall be estab iced by ordinance. The size of the membership of the board shall be determined by the city council and, to the extent not conflicting with existing ordinances, members of boards and commissions shall be appointed for two-year terms, unless otherwise specified. Boards and commissions shall contain an odd number of members with each councihnember having an equal number of nominations to the committee except that the mayor may nominate one additional member. Appointments shall be by the city council for two-year terms effective October 1 of odd -numbered years. Appointments made to fill vacancies will expire September 30 of odd -numbered years. (b) The mayor shall appoint the chair and vice -chair of all boards and commissions when the ordinance establishing the board or commission does not provide otherwise. (c) Persons appointed to advisory committees and commissions must be residents of the city, Persons may serve on no mote than two (2) advisory boards and commissions of the city at the same time. (d) All members of boards, committee and commissions shall serve without compensation. (e) All members of boards, committee and commissions shall be subject to removal at the will and pleasure of the city council. (f) These provisions shall not apply to the Beaumont Youth Advisory Council. (Ordinance 92-64, sec. 1, adopted 8/25/92; Ordinance 00-19, sec, 1, adopted 2/15/00; Ordinance 05-035, sec. 1, adopted 415105; 1978 Code, sec. 2µ53; Ordinance 07-010, sec. 13, 2/6/07; Ordinance 15-049, secs. 1-2, adopted 11110115; Ordinance 17-037, sec. 1, adopted 6/6I17) :1 9/20/22, 8:44 AM CRy of Beaumont, TX Ecode360 City of Beaumont, TX Tuesday, September 20, 2022 Chapter 2. Administration and Personnel ARTICLE 2.02. BOARDS, COMMISSIONS AND COMMITTEES Division 1. Generally § 2.02.001. Establishment; membership; appointment, term and qualifications of members. (a) City boards and commissions and their duties and responsibilities shall be established by ordinance. The size of the membership of the board shall be determined by the city council and, to the extent not conflicting with existing ordinances, members of boards and commissions shall be appointed for two-year terms, unless otherwise specified. Boards and commissions shall contain an odd number of members with each councilmember having an equal number of nominations to the committee except that the mayor may nominate one additional member. Appointments shall be by the city council for two-year terms effective October 1 of odd -numbered years. Appointments made to fill vacancies will expire September 30 of odd -numbered years. (b) The mayor shall appoint the chair and vice -chair of all boards and commissions when the ordinance establishing the board or commission does not provide otherwise. (c) Persons appointed to advisory committees and commissions must be residents of the city. Persons may serve on no more than two (2) advisory boards and commissions of the city at the same time. (d) All members of boards, committee and commissions shall serve without compensation. (e) All members of boards, committee and commissions shall be subject to removal at the will and pleasure of the city council. (f) These provisions shall not apply to the Beaumont Youth Advisory Council. (Ordinance 92-64, sec. 1, adopted 8/25/92, Ordinance 00-19, see. 1, adopted 2/15/00; Ordinance 05- 035, sec. 1, adopted 4/5/05; 1978 Code, sec. 2-53; Ordinance 07-010, sec. 13, 2/6/07; Ordinance 15- 049, secs. 1--2, adopted 11/10/15; Ordinance 17-037, sec. 1, adopted 6/6/17) § 2.02.002. through § 2,02,030. (Reserved) Select Language https://ecode360.com/print/BE6239?gul&36649917,38649918,38649925&children=true 112 RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT an Ad Hoc Committee be established for the purpose of determining the economic feasibility of the planning and development efforts in Downtown Beaumont. BE IT FURTHER RESOLVED THAT the Committee shall be composed of nine (9) members, three (3) appointed by the Mayor and one (1) appointed by each City Council member. The Mayor shall name one of the members as Chairman and one as Vice - Chairman. Members of the Committee shall serve without compensation and shall serve at the pleasure of the City Council. The meeting at which this ordinance was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 27th day of September, 2022. - Mayor Robin Mouton -