HomeMy WebLinkAboutORD 80-102 A e
ORDINANCE NO. PO - /a a-
ENTITLED AN ORDINANCE AMENDING CHAPTER 30
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
A 7. 38 ACRE TRACT OUT OF THE CHARLES
WILLIAMS SURVEY, BEAUMONT, JEFFERSON
COUNTY, TEXAS, AS HEREINAFTER DESCRIBED,
PRESENTLY ZONED R-3 TO I-2 ; BY CHANGING A
8 .18 ACRE TRACT OUT OF THE CHARLES WILLIAMS
SURVEY, BEAUMONT, JEFFERSON COUNTY, TEXAS,
AS HEREINAFTER DESCRIBED, PRESENTLY ZONED
C-1 TO I-2 ; PROVIDING FOR SEVERABILITY
AND PROVIDING A PENALTY.
WHEREAS, Southern Iron and Metals, Inc. , a subsidiary of
Commercial Metals, Inc. , hereinafter called "Applicant" has filed
a request with the Planning and Zoning Commission to rezone an
7 . 38 acre tract out of the Charles Williams Survey , Jefferson
County, Texas, from R-3 to I-2, and to rezone an 8 .18 acre tract
out of said survey in said county, from C-1 to I-2 ; and,
WHEREAS, the applicant' s business involves gathering ,
storing , and processing of various forms and grades of metals
through methods which include, but are not limited to,
identifying , classifying, sorting, cutting, cleaning, baling,
shearing , shredding, wrapping , crushing , melting, smelting, and
otherwise engaging in the preparation and recycling of such
metals, and other such processes attendant to heavy industrial
uses; and,
WHEREAS, applicant has been operating its business upon
the property described herein since 1950 and performs a vital
ecological function as a member of Beaumont' s industrial
community; and,
WHEREAS, the City Council held a joint public hearing
with the Planning and Zoning Commission relative to such
application on October 20, 1980 ; and,
n
WHEREAS, the City Council recognizes the relative merits
of the arguments for and against the proposed zone change; and,
WHEREAS, the Zoning Ordinance of the City of Beaumont
vests the Zoning Board of Adjustment with the authority to grant
specific heavy industrial uses in I-2 zones which vary from light
industrial, or I-1 uses; and,
WHEREAS, the City Council believes that the applicant' s
zone change request would promote the interests of the health,
safety, and welfare of the community provided the Board of
Adjustment, in granting the I-2 use requested, imposes the
following conditions and safeguards:
(1) that the applicant provide additional on-
site parking to be approved by the Director
of Transportation to accommodate truck traffic,
with ingress and egress from College Street only;
(2 ) that existing employee parking be relocated;
(3 ) that a solid (8 ) eight foot opaque fence be
constructed and maintained along the east
boundary line of applicants' property fronting
on Delmar Street and set back a distance of (10 )
ten feet from such street right-of-way line;
(4 ) that a six-inch water line and fire hydrant
be installed and centrally located within the
facility; subject to the approval of the
Fire Marshall;
(5 ) that no truck parking or ingress or egress to
the facility be provided from Chamberlin Drive
or Delmar Street; and,
( 6 ) that applicant will not operate an additional
automobile shredder on any portion of the facility
located on the property described in the attached
Exhibit "A"
and,
2 —
WHEREAS, the City Council, in granting the zone change
application, encourages the imposition of the aforementioned
conditions by the Board of Adjustment if it grants the use of the
property for the purposes requested by the applicant;
NOW, THEREFORE, BE IT ORDAINED BY THE
CITY OF BEAUMONT:
Section 1.
That Chapter 30 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 30-4, thereof, is hereby amended by changing the zoning
classification of the 7. 38 acre tract of land described in Exhibit
"A" and attached hereto for all purposes, presently zoned R-3
(Modified Two-Family and Multiple Dwelling District) to I-2 (Heavy
Industrial District) and the official zoning map of the City of
Beaumont is hereby amended to reflect such change.
Section 2.
That Chapter 30 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 30-4, thereof, is hereby amended by changing the zoning
classification of an 8 . 18 acre tract of land described in Exhibit
"B" and attached hereto for all purposes, presently zoned C-1
(Neighborhood Commercial District) to I-2 (Heavy Industrial
District) and the official zoning map of the City of Beaumont is
hereby amended to reflect such change.
Section 3 .
That in all other respects the use of the property
hereinabove described shall be subject to all of the applicable
regulations contained in Chapter 30 of the Code of Ordinances of
Beaumont, Texas, as amended.
3 -
Section 4.
That if any section, subsection, sentence, clause or
phrase of the 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 5.
Any person who violates any provision of this ordinance
shall, upon conviction, be punished as provided in Section 1-8 of
the Code of Ordinances of Beaumont, Texas.
PASSED BY THE CITY COUNCIL of the City of Beaumont, this
the 2F&4 day of �.A�/sue./
_ , 1980.
Mayor -
4 -
KO! aR &KOHLER - ENGINEERS a IRVEYORS
62514TH STREET BEAUMONT.TEXAS 77702
P.O_BOX 5065
A.C.713 TELEPMONE 833-4305
September 11, 1980
FIELD NOTE DESCRIPTION OF A 7 .38 ACRE TRACT OF LAND FOR COMMERCIAL
METALS COMPANY TO BE REZONED FROM R-3 TO •I-2
BEING a 7.38 acre tract of land out of the Charles Williams League,
Abstract No. 59 in Beaumont, Jefferson County, Texas and being out of
that certain tract of land that is also known as Sunset Terrace
Addition (now vacated) as said subdivsion is recorded in Vol . 7 Page-
113 of the Map Records of Jefferson County, Texas and being out of
Block 11 of Sunnyside Addition, a subdivision that is recorded in Vol .
5 Page 75 of the Map Records of Jefferson County, Texas and said 7.38 .
acre tract of land being more particularly described by metes and
bounds as follows.:
FOR locative corner begin at a 1 inch , iron pipe found in the North
right-of-way line of College Street (U.S. Highway 90) locating- the
Southeast corner of said Sunset Terrace Addition and the Southwest
corner of Lot 1 Block 11 of said Sunnyside Addition and locating the
Southeast corner of a previously described 8.18 acre tract of land ;
THENCE North 1 degree 03 minutes 02 seconds West with the East line of
Sunset Terrace Addition and with the West line of ' Block 11 of
Sunnyside Addition a distance of 475 .92 feet to an iron stake locating
the Northwest corner of Lot 18 and the Southwest corner of Lot 19 in
said Block 11;
THENCE North 88 degrees 34 minutes 50 seconds East with the common
line of said Lots 18 & 19 a .di stance of '124.59 feet to an iron stake
for corner in the West right-of-way line of Delmar Drive;
THENCE North 1. degree 23 minutes 21 seconds West with said line a
distance of 208.05 feet to a point locating the Northeast corner of
said 8.18 acre tract and the Southeast and the beginning corner of. the
tract of land herein described;
THENCE North 1 degree 23 minutes 21 seconds West with the West line of
Delmar Drive a distance of 541 .60 feet to a 1 . inch galvanized iron
pipe placed for corner locating the Northeast corner of Lot 48 in said
Block 11 and the Northeast corner of the herein described tract;
THENCE South 88 degrees 14 minutes 43 seconds West with the North line
of said ' Lot 48 a distance of 119.75 feet to a 1 inch iron pipe in
concrete found for corner at the Northwest corner of said Lot 48 and
the Northeast corner of said Sunset Terrace Addition;
THENCE South 88 degrees 31 minutes 50 seconds West- with the North- line
of said Sunset Terrace Addition a distance of 469.21 feet to an iron
stake for corner in the East line of Block 4 of Caldwood Acres
Addition, a subdivision that is recorded in Vol . 5 Page 170 of the Map
Records of Jefferson County, Texas; from said iron stake a concrete
monument bears West a distance of 1 .13 feet;
-EXHIBIT A-
KOF -.R &KOHLER - ENGINEERS & " TRVEYORS
625 14TH STREET BEAUMONT.TEXAS 02
P.O.BOX 5065
A.C.71.3 TELEPHONE 833.4355
September 'll, 1980
FIELD • NOTE DESCRIPTION OF A 7 .38 ACRE TRACT OF LAND FOR COMMERCIAL
METALS COMPANY TO 'BE REZONED FROM R-3 TO I-2
Page 2
THENCE South 0 degrees 07 minutes 15 seconds East with the East line
of said Caldwood Acres Addition a distance of 540.62 feet to an iron
stake for corner locating the Southeast corner of Lot 8 and the
Northeast corner of Lot 9 in Block 4 of said Caldwood Acres Addition;
THENCE North 88 degrees 34 minutes 50 seconds East with the North line
of said 8.18 acre tract a distance of 600.93 feet to the place of
beginning containing 7.38 acres of land.
OF
Carl W, Kohler - R.P.S. '
...........................
CARL W.KOHLER
CWK:mc 2083 '
•
���•S URV�
-EXHIBIT A-
KOh_ER &KOHLER - ENGINEERS & JRVEYORS
62314TH STREET BEAUMONT,TEXAS 77702
P.0.18OX-506'5
A.C.713 TELEPHOhfE 833.4395
September 11, 1980
FIELD NOTE DESCRIPTION OF AN 8.18 ACRE TRACT OF LAND FOR COMMERCIAL
METALS COMPANY TO BE REZONED FROM C-1 TO I-2
BEING an 8.18 acre tract of land out of the Charles Williams League,
Abstract No. 59 in Beaumont, Jefferson County, Texas and being out of
that certain tract of land also known as Sunset Terrace Addition (now
vacated) as said subdivision is recorded in Vol . 7 Page 113 of the Map
Records of Jefferson County, Texas and being out of Block 11 of
Sunnyside Addition, a subdivision recorded in Vol . 5 Page 75 of the
Map Records of Jefferson County, Texas and said 8.18 acre tract of
land being more particularly described by metes and bounds as
follows:
BEGINNING at a 1 inch iron pipe .found in the North right-of-way line
of College Street (U.S. Highway 90) locating the Southeast corner of
said Sunset Terrace Addition and the Southwest corner of Lot 1 Block
11 of said Sunnyside Addition and locating the Southeast and the
beginning corner of the tract of land herein described;
THENCE North 1 degree 03 minutes 02 seconds West with the East line of
Sunset Terrace Addition and with the West line of Block 11 of said
Sunnyside Addition a distance of 475.92 feet to an iron stake locating
the Northwest corner of Lot 18 and the Southwest corner of Lot 19 of
said Block 11;
THENCE North 88 degrees 34 minutes 50 seconds East with the common
line of said Lots 18 & 19 a distance of 124.59 feet to an iron stake
for corner in the West right-of-way line of Delmar Drive;
THENCE North 1 degree 23 minutes 21 seconds West with said line a
distance of 208.05 feet to a point for corner;
THENCE South 88 degrees 34 minutes 50 seconds West with the South line
of a previously described 7.38 acre tract of land a distance of 600.93
feet to an iron stake for corner in the West line of said Sunset
Terrace Addition locating the Southeast corner of Lot 8 and the
Northeast corner of Lot 9 in Block 4 of Caldwood Acres Addition, a
subdivision that is recorded in. Vol . 5 Page 170 of the Map Records of
Jefferson County, Texas;
THENCE South 0 degrees 07 minutres 15 seconds East with the East line
of said Caldwood Acres Addition a distance of 684.10 feet to a 1 inch
galvanized iron pipe placed for corner in the North right-of-way line
of College Street;
THENCE North 88 degrees 35 minutes 06 seconds East with the North line
of College Street a distance of 488.67 feet to the place of beginning
containing 8.18 acres of land.
��of - , - OMKOH�LER....
ER••Carl W. Kohler - R.P.S. •••••-;4 CWK:mc -EXHIBIT B-
CASE NO.
APPLICATION OF
SOUTHERN IRON & METAL COMPANY
TO
THE BEAUMONT BOARD OF ADJUSTMENT
NOW COMES Southern Iron and Metal Company, a division
of Commercial Metals Company (herein called "Applicant") and
petitions this Board for an order granting additional uses of
its property and, in support thereof, would show:
I.
Applicant is the owner of that certain tract of land
situated in Beaumont, Jefferson County, Texas, described in
Exhibit "A", attached hereto and made a part hereof, which said
property is classified as an I-2 heavy industrial district.
II.
Section 42-19 of the Zoning Ordinance of the City of Beaumont
defines an I-1 industrial use as follows :
"The regulations set forth in this section, or
set forth elsewhere in this article , when referred
to in this section , are I-1 light industrial
district regulations.
(A) Use regulations . A building or premises
shall be used only for the following purposes :
(1) Any use permitted in the C-2 central commercial
district.
(2) Any manufacturing, distributing, or industrial
plant of any type or character, except where such use
is noxious or offensive by reason of emission of odors,
soot, dust, noise , fumes or violations , or where such
use is prohibited by law."
III .
Section 42-20 of the Zoning Ordinance of the City of Beaumont
provides as follows :
"The regulations set forth in this section, or
set forth elsewhere in this article, when referred.
to in this section, are the I-2 heavy industrial
regulations .
(A) Use regulations . A building or premises shall
be used only for the following purposes :
(1) All uses set out in I-1 light industrial district.
(2) Any additional use granted by the board of adjust-
ment , provided such use is not otherwise prohibited
by law." (emphasis added)
IV.
Applicant petitions this Board for an Order granting
the following described "additional use" of its property, to-wit :
A facility utilized for the purpose of gathering,
storing, and processing of various forms and grades
of metals through methods which include, but are not
limited to, identifying, classifying, sorting, cutting,
cleaning, baling, shearing, shredding, wrapping,
crushing, melting, smelting, and otherwise engaging
in the preparation and recycling of metals .
V.
Applicant stipulates and agrees with the recommendations
set forth in Ordinance No. of the City of Beaumont, Texas,
heretofore filed with this Board and does hereby request the Board '
to enter the above described order granting the "additional uses"
with a provision that any expansion of its facilities shall be
conditioned upon applicant complying with the following:
1) that the applicant provide additional on-
site parking to be approved by the Director
of Transportation to accomodate truck traffic,
with ingress and egress from College Street only;
L,/2) relocation of existing employee parking;
� 3) that a solid (8) eight foot opaque fence be
constructed and maintained along the east
boundary line of applicants ' property fronting
on Delmar Street- and set back a distance
of (10) ten feet from such street right-of-way
1 ine ;
4) that a six-inch water line and fire hydrant
be installed and centrally located within the
facility, subject to the approval of the
Fire Marshall;
5) that no truck parking or ingress or egress to
the facility be provided from Chamberlin Drive
and Delmar Street; and,
6) that applicant will not operate an additional
automobile shredder on any portion of the facility
located on the property described in the attached
Exhibit "A".
WHEREFORE, Applicant petitions this Board to fix a
reasonable time for the hearing of this application, that it give
public notice and due notice to the parties in interest and, upon
hearing, it enter an Order granting the "additional uses" of
Applicant 's property as herein described, with a provision that
Applicant shall not expand its facilities without first complying
with said conditions.
Respectfully submitted,
Thad Heartfield
1200 Petroleum Building
Beaumont, Texas 77701
ATTORNEY FOR PLICANT
David ludbury, Sec re ry and
General Counsel for Commercial Metals
Company
CERTIFICA'T'E OF SERVICE
I hereby certify that a copy of the foregoing
Application to the Board of Adjustment, was on this the
Z8 day of October, 1980 :
(a) Hand delivered to the following persons:
Mr. Maurice Meyers, Mayor of Beaumont, Texas ;
Mr. Ray Riley, City Manager;
Mr. Bruce McClendon, Zoning Director;
Mrs. Myrtle Corgey, City Clerk;
Mr. Charles Weinbaum, Chairman of the Board
of Adjustment;
Mr. Richard Coffin, Vice Chairman; and
Mr. Kenneth Wall, City Attorney.
Thad Heartfield
1
KOHLER &KOHLER - ENGINEERS &SURVEYORS '
62314TH STREET BEAUMONT.TEXAS 77702
P.O.BOX 3066
A.C.713 TELEPHONE 633.4393
September 11, 1984
FIELD NOTE DESCRIPTION OF AN 8.18 ACRE TRACT OF LAND FOR COMMERCIAL
METALS COMPANY TO BE REZONED FROM C-1 TO I-2
BEING an 8.18 acre tract of land out of the Charles Williams League,
Abstract No. 59 in Beaumont, Jefferson County, Texas and being out of
that certain tract of land also known as Sunset Terrace Addition (now
vacated) as said subdivision is recorded in Vol . 7 Page 113 of the Map
Records of Jefferson County, Texas and being out of Block 11 of
Sunnyside Addition, a subdivision recorded in Vol . 5 Page 75 of the
Map Records of Jefferson County, Texas and said 8.18 acre tract of
land being more particularly described by metes and bounds as
follows:
BEGINNING at a 1 inch iron pipe .found in the North right-of-way line
of College Street (U.S. Highway 90) locating the Southeast corner of
said Sunset Terrace Addition and the Southwest corner of Lot 1 Block
11 of said Sunnyside Addition and locating the Southeast and the
beginning corner of the tract of land herein described;
THENCE North 1 degree 03 minutes 02 seconds West with the East line of
Sunset Terrace Addition and with the West line of Block 11 of said
Sunnyside Addition a distance of 475.92 feet to an iron stake locating
the Northwest corner of Lot 18 and the Southwest corner of Lot 19 of
said Block 11;
THENCE North 88 degrees 34 minutes 50 seconds East with the common*
line of said Lots 18 & 19 a distance of 124.59 feet to an iron stake
for corner in the West right-of-way line of Delmar Drive;
THENCE North 1 degree 23 minutes 21 seconds West with said line a
distance of 208.05 feet to a point for corner;
THENCE South 88 degrees 34 minutes 50 seconds West with the South line
of a previously described 7.38 acre tract of land a distance of 600.93
feet to an .iron stake for corner in the West line of said Sunset
Terrace Addition locating the Southeast corner of Lot 8 and the
Northeast corner of Lot 9 in Block 4 of Caldwood Acres Addition, a
subdivision that is recorded in. Vol . 5 Page 170 of the Map Records of
Jefferson County, Texas;
THENCE South 0 degrees 07 minutres 15 seconds East with the East line
of said Caldwood Acres Addition a distance of 684.10 feet to a 1 inch
galvanized iron pipe placed for corner in the North right-of-way line
of College Street;
THENCE North 88 degrees 35 minutes 06 seconds East with the North line
of College Street a distance of 488.67 feet to the place of beginning
containing 8.18 acres of land.
i� t�, OFtF
..........................
EARL W.KOHLER
Carl W. Kohler - R.P.S.
2083
CWK:mc G<9f- ISTER k- '
-EXHIBIT A- ��I-........?l
KOHLER &KOHLER - ENGINEERS &SURVEYORS
62514TH STREET BEAUMONT.TEXAS 77702
P.O.BOX 5065
A.C.713 TELEPHONE 833.4393
September 11, 1980
FIELD NOTE DESCRIPTION OF A 7 .38 ACRE TRACT OF LAND FOR COMMERCIAL
METALS COMPANY TO BE REZONED FROM R-3 TO 1-2
BEING a 7.38 acre tract of land out of the Charles Williams League,
Abstract No. 59 in Beaumont, Jefferson County, Texas and being out of
that certain tract of land that is also known as Sunset Terrace
Addition (now vacated) as said subdivsion is recorded in Vol . 7 Page
113 of the Map Records of Jefferson County, Texas and being out of
Block 11 of Sunnyside Addition, a subdivision that is recorded in Vol .
5 Page 75 of the Map Records of Jefferson County, Texas and said 7.38
acre tract of land being more particularly described by metes and
bounds as follows:
FOR locative corner begin at a 1 inch . iron pipe found in the North
right-of-way line of College Street (U.S. Highway 90) locating. the
Southeast corner of said Sunset Terrace Addition and the Southwest
corner of Lot 1 Block 11 of said Sunnyside Addition and locating the
Southeast corner of a previously described 8.18 acre tract of land ;
THENCE North 1 degree 03 minutes 02 seconds West with the East line of
Sunset Terrace Addition and with the West line of Block 11 of
Sunnyside Addition a distance of 475 .92 feet to an iron stake locating
the Northwest corner of Lot 18 and the Southwest corner of Lot 19 in
said Block 11;
THENCE North 88 degrees 34 minutes 50 seconds East with the common
line of said Lots 18 & 19 a .di stance of 124.59 feet to an iron stake
for corner in the West right-of-way line of Delmar Drive; '
THENCE North 1 degree 23 minutes 21 seconds West with said line a
distance of 208.05 feet to a point locating the Northeast corner of
said 8.18 acre tract and the Southeast and the beginning corner of. the
tract of land herein described;
THENCE North 1 degree 23 minutes 21 seconds West with the West line of
Delmar Drive a distance of 541 .60 feet to a 1 . inch galvanized iron
pipe placed for corner locating the Northeast corner of Lot 48 in said
Block ll. and the Northeast corner of the herein described tract;
THENCE South 88 degrees 14 minutes 43 seconds West with the North line
of said * Lot 48 a distance of 119.75 feet to a 1 inch iron pipe in
concrete found for corner at the Northwest corner of said Lot 4$ and
the Northeast corner of said Sunset Terrace Addition;
THENCE South 88 degrees 31 minutes 50 seconds West- with the North line
of said Sunset Terrace Addition a distance of 469.21 feet to an iron
stake for corner in the East line of Block 4 of 'Caldwood Acres
Addition, a subdivision that is recorded in Vol . 5 Page 170 of the Map
Records of Jefferson County, Texas; from said iron stake a concrete
monument bears West a distance of 1 .13 feet;
KOHLER &KOHLER - ENGINEERS &SURVEYORS A
625 14tH STREET . BEAUMONT,TEXAS 77702
P.O.BOX 5065
A.C.713 TELEPHONE 833.4395
September 11, 1980
FIELD . NOTE DESCRIPTION OF A 7 .38 ACRE TRACT OF LAND FOR COMMERCIAL
METALS COMPANY TO 'BE REZONED FROM R-3 TO I-2
Page 2
THENCE South 0 degrees 07 minutes 15 seconds East with the East line
of said Caldwood Acres Addition a distance of 540.62 feet to an iron
stake for corner locating the Southeast corner of Lot 8 and the
Northeast corner of Lot 9 in Block 4 of said Caldwood Acres Addition;
THENCE North 88 degrees 34 minutes 50 seconds East with the North line
of said 8.18 acre tract a distance of 600.93 feet to the place of
beginning containing 7 .38 acres of land.
0 E•rF�'
*: :4
Carl W, Kohler - R.P'.S.
GARL W.KOHLER
CWK:mc 2083
�/C.sUlk