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HomeMy WebLinkAboutORD 05-079 ORDINANCE NO. 05-079 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 RS (RESIDENTIAL SINGLE FAMILY DWELLING) DISTRICT TO RM-H (RESIDENTIAL MULTIPLE FAMILY DWELLING-HIGHEST DENSITY) DISTRICT (TRACTS A AND E) AND GC-MD-2 (GENERAL COMMERCIAL-MULTIPLE FAMILY DWELLING- 2) DISTRICT (TRACTS B THROUGH D) FOR PROPERTY LOCATED AT THE SOUTHEAST QUADRANT OF THE INTERSECTION OF DISHMAN AND KEITH 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 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 30-5B thereof, is hereby amended by changing the zoning of property presently zoned as RS (Residential Single Family Dwelling) District to RM-H (Residential Multiple Family Dwelling-Highest Density) District (Tracts A and E) and GC- MD-2 (General Commercial-Multiple Family Dwelling-2) District (Tracts B through D) for property located at the southeast quadrant of the intersection of Dishman and Keith Roads , City of Beaumont, Jefferson County, Texas, as described in Exhibits"A"through "F", 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 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 That all ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only.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 11`h day of October, 2005. 1� I: Mayor Guy N. Goodson - Z / Ar J Schaumburg & Polk, Inc. 8865 College Street,Suite 100 Beaumont, Te.xas 77707 C O N S U L T I N G EN G I N E E R S P 110 l i e (409)866-034 1 Fax (409) 866- 0337 TRACT"A" All that certain tract or parcel of land lying and being situated in Jefferson County,Texas, a part of the southeast one quarter of the A. HOUSTON LEAGUE,ABSTRACT NO. 33 and being a part of that certain tract of land herein referred to as the"Broussard"Tract,which said Broussard tract is described as "Exhibit A" in that certain Partition Deed dated August 7, 1998 and recorded in County Clerk's File No. 98-9829841 of the Real Property Records of Jefferson County,Texas, with said tract or parcel herein described being more particularly described as follows: COMMENCING at a Jefferson County Drainage District No.6 monument found in the south right of way line of Dishman Road, a 60 foot wide right of way, for the northeast comer of the said Broussard tract and being the northwest comer of that certain tract of land herein referred to as the "11.80 acres" tract, which said 1 1.80 acres is described in that certain instrument from A. Huston Properties,LLC to Jefferson County Drainage District No.6 dated December 19,2003 and recorded in County Clerk's File No.2003051955 of the Real Property Records of Jefferson County,Texas; THENCE South 87° 08' 41" West along and with the south right of way line of Dishman Road and the north line of the said Broussard tract for a distance of 886.11 feet to the POINT OF BEGINNING of the herein described tract; THENCE South 02°56' 12"East for a distance of 154.05 feet to a point for comer; THENCE South 15°29'06"West for a distance of 235.53 feet to a Point of Curvature(P.C.) of a curve to the left having a radius length of 770.00 feet,With the radius point of the said curve being located easterly fiom the P.C.of the curve; THENCE in a generally southerly direction along the said curve to the left,a total arc length distance of 247.57 feet to the Point of Tangency(P.T.)of the said curve,with the said curve to the left having a total central angle of 18 25' 18"and subtending a chord of 246.50 feet,the bearing of which said chord being South 06° 16'27"West; THENCE South 02° 56' 12"East for a distance of 308.78 feet to a Point of Curvature(P.C.) of a curve to the left having a radius length of 320.00 feet,with the radius point of the said curve being located easterly fiom the P.C.of the curve; THENCE in generally southerly direction along the said curve to the left, a total are length distance of 202.28 feet to the Point of Tangency(P.T.)of the said curve,with the said curve to the left having a total central angle of 36° 13'07"and subtending a chord of 198.93 feet,the bearing of which said chord being South 2111 02'45"East; THENCE along the following: South 39°09' 19"East, 180.52 feet to a point; South 40°43' 54"West,566.95 feet to a point; North 38° 56' 38"West, 149.91 feet to the Point of Curvature(P.C.)of a curve to the right,the said curve to the right having a radius length of 735.00 feet,with the radius point of the said curve being located easterly from the P.C.of the curve; THENCE in a generally northerly direction along the said curve to the right,a total arc length distance of 461.90 feet to the Point of Tangency(P.T.) of the said curve, with the said curve to the right having a total central angle of 36°00' 26"and subtending a chord of 454.34 feet,the bearing of which said chord being North 20°56'25"West; THENCE North 020 56' 12"West for a distance of 1123.32 feet to a point for comer in the south right of way line of Dishman Road and the north line of the said Broussard tract; THENCE North 870 08'41"East along and with the south right of way line of Dishman Road for a distance of 563.89 feet to the Point of Betdnnine and Containing 17.449 acres of land,more or less. F:�BMTl93KO�doc\YMCATact.dou EXHIBIT "A" 08/23N5 10:08 AM 8865 College Street, Suite 100 Schaumburg & Poly, Inc. Beaumont, Texas 77707 C O N S U L T I N G E N G I N E E R S Phone (409 ) 866- 11341 Fax ( 409 ) 866 - 0337 TRACT`B" All that certain tract or parcel of land lying and being situated in Jefferson County, Texas, a part of the southeast one quarter of the A. HOUSTON LEAGUE, ABSTRACT NO. 33 and being a part of that certain tract of land herein referred to as the "Broussard"Tract, which said Broussard tract is described as "Exhibit A" in that certain Partition Deed dated August 7, 1998 and recorded in County Clerk's File No. 98-9829841 of the Real Property Records of Jefferson County, Texas, with said tract or parcel herein described being more particularly described as follows: COMMENCING at a Jefferson County Drainage District No. 6 monument found in the south right of way line of Dishman Road, a 60 foot wide right of way, for the northeast corner of the said Broussard tract and being the northwest corner of that certain tract of land herein referred to as the "11.80 acres" tract, which said 11.80 acres is described in that certain instrument from A. Huston Properties, LLC to Jefferson County Drainage District No. 6 dated December 19, 2003 and recorded in County Clerk's File-No. 2003051955 of the Real Property Records of Jefferson County,Texas; THENCE South 87° 08' 41" West along and with the south right of way line of Dishrnan Road and the north line of the said Broussard tract for a distance of 1450.00 feet to the Point of Be Tinning of the herein described tract; THENCE South 02° 56' 12" East for a distance of 199.14 feet to a point for corner; THENCE South 87°03' 48" West for a distance of 380.00 feet to a point for corner; THENCE North 02° 56' 12" West for a distance of 199.68 feet to a point for comer in the south right of way line of Dishman Road; THENCE North 870 08' 41" East along and with the south right of way line of Dishman Road for a distance of 380.00 feet to the Point of Beginning and Containing 1.739 acres of land, more or less. F BMT 193300dcx Tiacl B'.doc EXHIBIT "B" Ml� /O) 1:49 PNI 8865 College Street, Suite IOU Schaumburg & Polk, III C. Beauniont, Texas 7770' CONSUL 'T' ING ENGINEERS Phune ( 409 ) 866 - 0341 Fax ( 409 ) 866 - 0337 TRACT"C" All that certain tract or parcel of land lying and being situated in Jefferson County, Texas; a part of the southeast one quarter of the A. HOUSTON LEAGUE, ABSTRACT NO. 33 and being a part of that certain tract of land herein referred to as the"Broussard"Tract, which said Broussard tract is described as "Exhibit A" in that certain Partition Deed dated August 7, 1998 and recorded in County Clerk's File No. 98-9829841 of the Real Property Records of Jefferson County, Texas, with said tract or parcel herein described being more particularly described as follows: COMMENCING at a Jefferson County Drainage District No. 6 monument found in the south right of way line of Dishman Road, a 60 foot wide right of way, for the northeast corner of the said Broussard tract and being the northwest corner of that certain tract of land herein referred to as the "11.80 acres" tract, which said 11.80 acres is described in that certain instrument from A. Huston Properties, LLC to Jefferson County Drainage District No. 6 dated December 19, 2003 and recorded in County Clerk's File No. 2003051955 of the Real Property Records of Jefferson County,Texas; THENCE South 87° 08' 41" West along and with the south right of way line of Dishrnan Road and,the north line of the said Broussard tract for a distance of 1890.00 feet to the POINT OF BEGINNING of the herein described tract; THENCE South 02° 56' 12" East for a distance of 199.76 feet to a point for corner;. THENCE South 87° 03' 48" West for a distance of 647.32 feet to a point for corner in the west line of the said Broussard tract; THENCE North 020 43' 05" West along and with the west line of the said Broussard tract for a distance of 200.68 feet to a '/ inch rod found in the south right of way line of Dishman Road for the northwest comer of the said Broussard tract; THENCE North 87° 08' 41" East along and with the south right of way line of Dishmari Road and the north line of the said Broussard tract for a distance of 646.55 feet to the Point of Beginning and Containing 2.974 acres of land,more or less. EXHIBIT "C" F:.BMT.I933(k duc liuct C.duc u8i l 7/05 I:5u PM 8865 College Street, Suite 100 Schaumburg & Polk, Inc. Beau itiont, Texas 77701 C O N S U L T I N G ENGINEERS P h o n e ( 4 0 9 ) 8 66- 03 4 1 Fax ( 409 ) 866 - 0337 TRACT"D" All that certain tract or,parcel of land lying and being situated in Jefferson County, Texas, a part of the southeast one quarter of the A. HOUSTON LEAGUE, ABSTRACT NO. 33 and being a part of that certain tract of land herein referred to as the "Broussard" tract, which said Broussard tract is described as "Exhibit A" in that certain Partition Deed dated August 7, 1998 and recorded in County'Clerk's File No. 98-9829841 of the Real Property Records of Jefferson County, Texas, with said tract or parcel herein described being more particularly described as follows: COMMENCING at a Jefferson County Drainage District No. 6 monument found in the south right of way line of Dishman Road, a 60 foot wide right of way, for the northeast corner of the said Broussard tract and being the northwest corner of that certain tract of land herein referred to as the 11.80 acres" tract, which said 11.80 acres is described in that certain instrument fi-om A. Huston Properties, LLC to Jefferson County Drainage District No. 6 dated December 19, 2003 and recorded in County Clerk's File No. 2003051955 of the Real Property Records of Jefferson County,Texas; THENCE South 87° 08' 41" West along and with the south right of way line of Dishman Road and the north line of the said Broussard tract for a distance of 2536.55 feet to a '/ inch iron rod found for the northwest corner of the said Broussard tract in the east line of that certain tract of land herein referred to as the"LNVA" tract, which LNVA tract is described as"Strip No. 2" in that certain instrument from the Lanman Company to Lower Neches Valley Authority dated September 10, 1954 and recorded in Volume 948, Page 160 of the Deed Records of Jefferson County,Texas; THENCE South 02° 43' 05" Fast along and with the west line of the said Broussard tract and the east line of the said LNVA tract for a distance of 3425.16 feet to a '/ inch iron rod found for the southwest corner of the said Broussard tract and being the northwest corner of that certain tract of land herein referred to as the "209.07 acre" tract , which said 209.07 acre tract is described in that certain instrument from Rodney Lee Dishrnan et al to Jefferson County Drainage District No. 6 dated February 28, 1990 and recorded in County Clerks File No. 103-06-2396 of the Real Property Records of Jefferson County, Texas; THENCE.North 870 09' 01"East along and with south line of the said Broussard tract and the northline of the said 209.07 acre tract for a distance of 119.61 feet to the Point of Beyinning of the herein described tract and from which a '/z inch iron rod found for the southeast corner of the said Broussard tract bears North 89° 09' 01" East a distance of 1225.00 feet; THENCE North 02° 56' 12"West for a distance of 354.64 feet to a point for comer; THENCE North 871) 03' 48"East for a distance of 125.00 feet to a point for comer; THENCE South 02° 56' 12" East for a distance of 185.00 feet to a Point of Curvature (P.C.) of a curve to the left; the said curve to the left having a i adius of 50.00 feet, with the radius point of the said curve being located easterly from the P.C.of the curve: F BMT.193300 doc Ttuct D.duc EXHIBIT "D" 08!19/05 4:12PM August 19, 2005 Page 2 THENCE in a generally southeasterly direction along the said curve to the left, a total arc length distance of 78.54 feet to the Point of Tangency (P.T.) of the said curve, with the said curve to the right having a total central angle of 90° 00' 00" and subtending a chord of 70.71 feet, the bearing of which said chord being South 47° 56' 12"East; THENCE North 870 03' 48" East for a distance of 64.64 feet to a point for corner; THENCE South 02° 56' 12" East for a distance of 120.00 feet to a point for comer in the south line of the said Broussard tract; THENCE South 870 09' 01" West along and with the south line of the said Broussard tract and the north line of the said 209.07 acre tract for a distance of 239.64 feet to the Point of Beginning and Containing 1.346 acres of land,more or less. F BMT1933WdixTi,ictD.dv� Schaumburg 8L Polk, Inc. 06/19/05 4:12 PM (-r)\!Qi if 'rT1. r cxlntXirrnn 8865 College Street, Suite 100 Schaumburg & Polk, Inc. Beaumont; Texas 77707 C O N S U L T I N G E N G I N E E R S P h o n e (40 9 ) 8 66- 03 4 1 Fax ( 409 ).866 - 0337 TRACT" E" All that certain tract or parcel of land lying and being situated in Jefferson County, Texas, a part of the southeast one quarter of the A. HOUSTON LEAGUE, ABSTRACT NO. 33 and being a part of that certain tract of land herein referred to as the"Broussard"Tract, which said Broussard tract is described as "Exhibit A" in that certain Partition Deed dated August 7, 1998 and recorded in County Clerk's File No. 98-9829841 of the Real Property Records of Jefferson County, Texas, with said tract or parcel herein described being more particularly described as follows: COMMENCING at a Jefferson County Drainage District No. 6 monument found in the south right of way line of Dishman Road, a 60 foot wide right of way, for the northeast corner of the said Broussard tract and being the northwest comer of that certain tract of land herein referred to as the "11.80 acres" tract, which said 11.80 acres is described in that certain instrument fi-om A. Huston Properties, LLC to Jefferson County Drainage District No. 6 dated December 19, 2003 and recorded in County Clerk's File No. 2003051955 of the Real Property Records of Jefferson County,Texas; THENCE South 87° 08' 41" West along and with the south right of way line of Disliman Road and the north line of the said Broussard tract for a distance of 2536.55 feet to a 3/" inch iron rod found for the northwest corner of the said Broussard tract in the east line of that certain tract of land herein referred to as the"LNVA" tract, which LNVA tract is described as "Strip No. 2" in that certain instrument from the Lanman Company to Lower Neches Valley Authority dated September 10, 1954 and recorded in Volume 948, Page 160 of the Deed Records of Jefferson County,Texas; THENCE South 02° 43' 05" East along and with the west line of the said Broussard tract and the east line of the said LNVA tract for a distance of 3425.16 feet to a 3/ inch rod found for the southwest corner of the said Broussard tract and being the northwest comer of that certain tract of land herein referred to as the "209.07 acre" tract, which said 209.07 acre tract is described in that certain instrument from Rodney Lee Dishman et al to Jefferson County Drainage District No. 6 dated February 28, 1990 and recorded in County Clerks File No. 1,03-06-2396 of the Real Property Records of Jefferson County,Texas; THENCE North 8709' 01" East along and with the south line of the said Broussard tract and the north line of said 209.07 acre tract for a distance of 1324.61 feet to a point; THENCE North 02° 56' 12" West for a distance of 171.46 feet to the Point of Beginning of the herein described tract; THENCE South 871 03' 48" West for a distance of 1030.00 feet to a point for comer; THENCE North 02` 56' 12" West for a distance of610.00 feet to a point for corner; F:.BMT I933(rJ duc,Tiaci E duc EXHIBIT "Ell 08,1 9'05 4:11 PM August 19, 2005 Page 2 THENCE North 870 03' 48" East for a distance of 298.06 feet to a Point of Curvature (P.C.) of a curve to the left having a radius length of 590.00 feet, with the radius point of the said curve being located northerly from the P.C. of the curve; THENCE, in a generally easterly direction along the said curve to the left, a total arc length distance of 370.78 feet to the Point of Tangency (P.T.) of the said curve, with the said curve to the left having a total central angle of 36° 00' 26" and subtending a chord of 364.71 feet, the bearing of which said chord being North 69° 03' 35" East; THENCE North 51° 03' 22" East fora distance of 96.88 feet to a point; THENCE South 38° 56' 38" East for a distance of 453.48 feet to a Point of Curvature (P.C.) Of a curve to the right having a radius length of 210.00 feet, with the radius point of the said curve being located westerly from the P.C. of the curve; THENCE in a generally southerly direction along the said curve to the right, a total arc length distance of 131.97 feet to the Point of Tangency (P.T.) of the said curve, with the said curve to the right having a total central angle of 36° 00' 26" and subtending a chord of 129.81 feet, the bearing of which said chord being South 20° 56' 25" East; THENCE South 02° 56' 12" East for a distance of 289.38 feet to the Point of Beginning and Containing 14.662 acres of land, more or less. F:.BMT1933004j(x.TiuctE.dux Schaumburg Polk, Inc. (A119,05 4:11 PM rn ,-,I u TI1�l( �1�I( IT!GF RC 1_.i k- 1800-Z: Request for a zone change from RS (Residential Single Family Dwelling) NORTH I to R_N1-H (Residential Multiple Family Dwelling-Highest Density) District (Tracts A and E) and GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District (Tracts B-D). SCQ iE Location: Southeast quadrant of intersection of Dishman and Keith Road N.=.S. Applicant: Schaumburg & Polk, Inc. CITY UtIMTS Gc Ma 's G = —.. _.. -- d _. - - - .... ........- rr ;.� RS — -'7. tl 7_7 T EXHIBIT "