HomeMy WebLinkAboutORD 05-046 ORDINANCE NO. 05-046
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 THE ZONING OF
PROPERTY PRESENTLY ZONED AS A-R
(AGRICULTURAL-RESIDENTIAL) DISTRICT, RS
(RESIDENTIAL SINGLE FAMILY DWELLING)DISTRICTAND
RM-H (RESIDENTIAL MULTIPLE FAMILY
DWELLING-HIGHEST DENSITY) DISTRICT TO GC-MD
(GENERAL COMMERCIAL-MULTIPLE FAMILY DWELLING)
DISTRICT (TRACT ONE ) , FROM A- R
(AGRICULTURAL-RESIDENTIAL) DISTRICT, RS
(RESIDENTIAL SINGLE FAMILY DWELLING)DISTRICTAND
RM-H (RESIDENTIAL MULTIPLE FAMILY
DWELLING-HIGHEST DENSITY) DISTRICT TO GC-MD-2
(GENERAL COMMERCIAL-MULTIPLE FAMILY
DWELLING-2) DISTRICT (TRACT TWO) AND FROM A-R
(AGRICULTURAL-RESIDENTIAL) DISTRICT TO RS
(RESIDENTIAL SINGLE FAMILY DWELLING) DISTRICT
(TRACT THREE) FOR PROPERTY IN THE 3600 BLOCK OF
DOWLEN ROAD, WEST SIDE (YMCA PROPERTY),
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 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 30-513 thereof, is hereby amended by changing the
zoning of property presently zoned as A-R (Agricultural-Residential) District, RS
(Residential Single Family Dwelling) District and RM-H (Residential Multiple Family
Dwelling-Highest Density) District to GC-MD (General Commercial-Multiple Family
Dwelling) District(Tract One), from A-R (Agricultural-Residential) District, RS (Residential
Single Family Dwelling) District and RM-H (Residential Multiple Family Dwelling-Highest
Density) District to GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District
(Tract Two) and from A-R (Agricultural-Residential) District to RS (Residential Single
Family Dwelling) District(Tract Three)for property in the 3600 block of Dowlen Road,west
side (YMCA property), City of Beaumont, Jefferson County, Texas, as described on
Exhibits "A", "B," "C," and "D," 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 contained in Chapter 30 of the Code of
Ordinances of Beaumont, Texas, as amended.
Section 3.
That if any section, subsection, sentence, clause or 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 1-8 of the Code of Ordinances of Beaumont, Texas.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 7th day of June,
2005.
; }Hong- m11
�, �., ..,• ` - Mayor Guy N. Goodson -
zZ e
A;
LEGAL DESCRIPTION FOR ORDINANCES PURPOSES
TRACT ONE
BEING a 11.776 acre tract or parcel of land located in the H. Williams Survey, Abstract
No. 56. Jefferson County. Texas, being comprised of a portion of that called 5.28 acre
tract of record in Volume 1627 Page 471; a portion of that called 4.72 acre tract of record
in Volume 1863 Page 485, and a portion of that called 5.0 acre tract of record in Volume
1865 Page 374, all of the Deed Records of Jefferson County, Texas having been
conveyed to Young Men's Christian Association, said 11.776 acres being more
particularly described by metes and bounds as follows:
Note: The Basis of Bearings is along the west right-of-way line of Dowlen Road and the
east line of the herein described tract having been called S 00°39'17" E 710.56 on a plat
by Steven R. Boucher, RPLS No. 5056 prepared November 24, 1997 for the 0.565 acre
Jefferson County Drainage District No. 6 tract (of record in Clerks File No. 9807948
OPRJCT).
COMMENCING at a Concrete Monument found in the west right-of-way line of Dowlen
Road (based on 100' R.O.W.) for the northeast corner of Barrington Heights, a Plat of
record in Volume 15 Page 348 of the Map Records of Jefferson County, Texas and the
southeast corner of the herein described tract, from which a 5/8" Iron Rod found for the
southwest corner of the said 5.0 acre tract of record in Volume 2043 Page 312 DRJCT
and the northwest corner of Barrington Heights bears S 89°20'29" W 1290.31 feet (called
S 88 036'07" W 1290.17 feet);
THENCE N 00°39'17" W along the said west right-of-way line of Dowlen Road for a
distance of 145.00 feet to a point for the southeast corner and POINT OF BEGINNING of
the herein described tract
THENCE S 89°20'29" W along the south line of the herein described tract and being
parallel to and 145.00 feet north of the north line of Barrington Heights for a distance of
8 52.7 8 feet to a point for the southwest corner of the herein described tract in the east line
of that called 5.0 acre tract of record in Volume 2043 Page 312 of the Deed Records of
Jefferson County, Texas and the west line of the said 5.0 acre tract of record in Volume
1865 Page 374 of the Deed Records of Jefferson County, Texas:
THENCE N 00°41'57" W along the west line of the herein described tract and the west
line of the said 5.0 acre tract of record in Volume 1865 Page 374 of the Deed Records of
Jefferson County, Texas for a distance of 430.40 feet to a point in the south line of the
said 0.565 acre tract for the northwest corner of the herein described tract:
EXHIBIT "A"
LEGAL DESCRIPTION FOR ORDINANCES PURPOSES
THENCE along the north line of the herein described tract and the south line of the said
0.565 acre tract the following courses and distances to ''/z" capped Iron Rods set for
corners:
N 65°46'39" E 6.73' N 64 016'58" E 202.24'
N 61 052'19" E 138.89' N 59°54'41" E 22.02'
N 62 027'28" E 116.51' N 62 016'34" E 140.44'
S 86 033'52" E 112.72'
THENCE S 63 028'15" E continuing along the south line of the said 0.565 acre tract and
the north line of the herein described tract for a distance of 62.93 feet to a ''/z" capped Iron
Rod set in the southwest line of that called 0.1112 acre tract conveyed to Jefferson
County Drainage District of record in the Clerks File No. 94-9418489 of the Official
Public Records of Jefferson County, Texas and the north line of the herein described
tract;
THENCE S 49°40'54" E along the said southwest line of the 0.1112 Acre Tract and the
north line of the herein described tfact for a distance of 164.32 feet to a Concrete
Monument found in the said west right-of-way line of Dowlen Road for the northeast
corner of the herein described tract:
THENCE S 00°39'17" E along the west right-of-why line of Dowlen Road end the east
line of the herein described tract, at 210.56 feet Pass a found Concrete Monument, and
continuing for a total distance of 50,5.66 feet to the POINT ANI) PLACE OF
BEGINNING and containing 11.776 acres of land, Mtge or less.
LEGAL DESCRIPTION FOR ORDINANCES PURPOSES
TRACT TWO
BEING a 2.839 acre tract or parcel of land located in the H. Williams Survey, Abstract
No. 56. Jefferson County, Texas, being a portion of that called 5.28 acre tract of record in
Volume 1627 Page 471, a portion of that called 4.72 acre tract of record in Volume 1863
Page 485, and a portion of that called 5.0 acre tract of record in Volume 1865 Page 374,
all of the Deed Records of Jefferson County, Texas having been conveyed to Young
Men's Christian Association, said 2.839 acres being more particularly described by metes
and bounds as follows:
Note: The Basis of Bearings is along the west right-of-way line of Dowlen Road and the
east line of the herein described tract having been called S 00°39'17" E 710.56 on a plat
by Steven R. Boucher, RPLS No. 5056 prepared November 24, 1997 for the 0.565 acre
Jefferson County Drainage District No. 6 tract(of record in Clerks File No. 9807948
OPRJCT).
BEGINNING at a Concrete Monument found in the west right-of-way line of Dowlen
Road (based on 100' R.O.W.) for the northeast corner of Barrington Heights, a Plat of
record in Volume 15 Page 348 of the Map Records of Jefferson County, Texas and the
southeast corner of the herein described tract, from which a 5/8" Iron Rod found for the
southwest corner of the said 5.0 acre tract of record in Volume 2043 Page 312 DRJCT
and the northwest corner of Barrington Heights bears S 89°20'29" W 1290.31 feet (called
S 88 03607" W 1290.17 feet);
THENCE S 89 020'29" W along the south line of the herein described tract and the north
line of Barrington Heights for a distance of 852.78 feet to a point for the southwest corner
of the herein described tract;
THENCE N 00°41'57" W along the west line of the herein described tract and the east
line of that called 5.0 acre tract of record in Volume 2043 Page 312 of the Deed Records
of Jefferson County, Texas for a distance of 145.00 feet to a point for the northwest
corner of the herein described tract;
THENCE IENCE N 89'20'29" E along the north line of the herein described tract for a distance
of 852.89 feet to a point in the said west right-of-way line of Dowlen Road for the
northeast corner of the herein described tract:
THENCE S 00 039'17" E along the west right-of-way line of Dowlen Road and the east
line of the herein described tract for a distance of 145.00 feet to the POINT AND PLACE
OF BEGINNING and containing 2.839 acres of land, more or less.
EXHIBIT "B"
LEGAL DESCRIPTION FOR ORDINANCES PURPOSES
TRACT THREE
BEING a 4.686 acre tract or parcel of land located in the H. Williams Survey, Abstract
No. 56. Jefferson County, Texas, being the remainder of that called 5.0 acre tract of
record in Volume 2043 Page 312, of the Deed Records of Jefferson County, Texas having
been conveyed to Young Men's Christian Association; said 4.686 acres being more
particularly described by metes and bounds as follows:
Note: The Basis of Bearings is along the west right-of-way line of Dowlen Road and the
east line of the herein described tract having been called S 00°39'17" E 710.56 on a plat
by Steven R. Boucher, RPLS No. 5056 prepared November 24, 1997 for the 0.565 acre
Jefferson County Drainage District No. 6 tract (of record in Clerks File No. 9807948
OPRJCT).
COMMENCING at a Concrete Monument found in the west right-of-way line of Dowlen
Road (based on 100' R.O.W.) for the northeast corner of Barrington Heights, Plat of
record in Volume 15 Page 348 of the Map Records of Jefferson County, Texas and the
southeast corner of the herein described tract, from which a 518" Iron Rod found for the
southwest corner of the said 5.0 acre tract of record in Volume 2043 Page 312 DRJCT
and the northwest comer of Barrington Heights bears S 89°20'29" W 1290.31 feet (called
S 88°36'07" W 1290.17 feet);
THENCE S 89 020'29" W along the south line of the herein described tract and the north
line of Barrington Heights for a distance of 852.78 feet to a point for the southeast corner
and POINT OF BEGINNING of the herein described tract
THENCE S 89°20'29" W continuing along the south line of the herein described tract and
the north line of Barrington Heights for a distance of 422.53 feet to a '/z" capped Iron Rod
set for the southwest corner of the herein described tract in the east line of the said 0.565
acre tract;
THENCE N 00°38'56" W along the west line of the herein described tract and the east
line of the said 0.565 acre tract for a distance of 391.32 feet to a 1/z" capped Iron Rod set
in the south line of the said 0.565 acre tract for the northwest corner of the herein
described tract;
THENCE Ni 65°46'39" E along the north line of the herein described tract and the south
line of the said 0.565 acre tract for a distance of 460.45 feet to a point for the northeast
comer of the herein described tract:
THENCE S 0041'57" E along the east line of the herein described tract for a distance of
575.40 feet to the POINT AND PLACE OF BEGINNING and containing 4.686 acres of
land, more or less.
EXHIBIT "C"
Surveyors Note(s): Proposed Boundaries for Zoning Review
(1) This Plat and the following descriptions Jefferson County Jefferson County
for Tracts One, Two, & Three were prepared Drainage District #6 Drainage District #6
for planning and zoning purposes only. 0.565 Acres 0.1112 Acre Tract
CF# 9807948 CF# 94-9418489
Jefferson County OPRJCT Found OPRJCT
Drainage District #6 Found Concrete /
Line Datum Detention Pond A
112" Rod Mon ment
Tract 1
LLB 654639' E 6.73' FC# 104-01-0353 6
64'16'58' E 202.24' RPRJCT P
61'52'19" E 138.89' d Z°0e X Found
59'54'41" E 22.02' FAO° Zone Rod de Ca Found
62'2728" E 116.51' Found Concrete
62'1634' E 140.44' 3/4 Rod Monument
86'33'52" E 112.72' Jefferson County L4 Ref. Deed
6.328'15' E 62.93' Drainage District #6 4.72 Acres
49'40'54" E 164.32' 0.565 Acres Found V 1863 P 485
CF# 9807948 112' Rod DRJCT Found
OPRJCT Concrete
Monument
original north line L1
of Y.M.C.A. tracts � D
k6l)may'
E N
ca co
e o
/ Found ,4f'i 39 v' Tract One
112 Rod p1 0 8.936Acres Ref. Deed
5.28 Acres W
GC-MD V 1627 P 471 O
Jefferson County �_ RV I I DRJCT
Drainage District #6
0.565 Acres Pract Three S 89 20'29" W 853.00'
CF# 9807948 4.686Acres Ref. Deed O o
OPRJCT R-S V 18 18 65 P Acres I P O B �V
R C�MD-2 Tract One
ef. Deed V DRJCT o
3 5.0 Acres � N O
Jefferson County V 2043 P 312 to
Drainage District #6 DRJCT O O Tract Two
Detention Pond A 15 00' 0 5.678Acres
Tract 1 P.O.B. GCMD-2
FC# 104-01-0353 $ Tract Three
X O
RPRJCT
= Found 2 422.53'
5/8' Rod
W15 14 13 12 11 10 9 8 I 7 6 5 4 3 2 1
P.O.B.
Barrington Heights BLOCK Tract Two
0 V 15 P 348 P.O.C.
SCALE 1 200' Barrington Avenue Tract One
OF T MRJCT P.O.C.
w-+-E P;G ERFxgs* Survey prepared for: Brian Lee (60' R.O.W.) common area Tract Three
�5 J ����� * • Found
•��C Q •
,t..,......,•,,,,,,,,,,•,S„„. 1, Joe A. Mattox, Texas Registered Professional Land Surveyor No. 5535, do Concrete
..JOE A. MATTQX hereby certify that I have prepared this Plot from on actual sl�rvey made on Monument
,,,....»••••t•”" the round and is true and correct to the best of m knowle
Surveyors ••••• g y qe and belief.
•A '5535 P r
7 eras Registered Pnofessiona!Land Surveyors * � �• A � ,
505 South Fourth Street — Beaumont, Texas 77701 '�FF.SS`�•�Q ✓�,✓J�f 7
Telephone (409) 838-6322 Fax 838-6122 ••��•• O 0..,
4 `� `° C
Rpls5i63®ADL.com H(?`�U�V�G Joe A Ma ox
Codfile: q:\projects\7176.dwg
Registered Professional Land Surveyor No. 5535