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HomeMy WebLinkAboutORD 06-060 ORDINANCE NO. 06-060 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 PRESENTLYZONED RS (RESIDENTIAL SINGLE FAMILY DWELLING)DISTRICT TO GC-MD (GENERAL COMMERCIAL-MULTIPLE FAMILY DWELLING) DISTRICT FOR THE NORTH 0.444 ACRES AND CHANGING THE ZONING OF THE SOUTH 0.202 ACRES PRESENTLY ZONED RS (RESIDENTIAL SINGLE FAMILY DWELLING) DISTRICT TO GC- MD-2(GENERAL COMMERCIAL-MULTIPLE FAMILY DWELLING-2) DISTRICT FOR PROPERTY LOCATED IN THE 3600 BLOCK OF DOWLEN ROAD, BEAUMONT, JEFFERSON COUNTY, TEXAS; PROVIDING FORSEVERABILITY; 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 RS (Residential Single Family Dwelling) District to GC- MD (General Commercial-Multiple Family Dwelling) District for the north 0.444 acres and changing the zoning of the south 0.202 acres presently zoned RS (Residential Single Family Dwelling) District to GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District located in the 3600 block of Dowlen Road, being 0.444 and a 0.202 acre tracts or parcels of land situated in the H. Williams Survey, Abstract No. 56, Jefferson County, Texas, as described on Exhibits 'A"and "B,"and shown on Exhibits"C,""D,"and "E," 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 Bea ont this the 26th day of September, 2006. / Cg�UMO �11 1 w - Mayor Guy N. Goodson - GC-MD LEGAL DESCRIPTION FOR ORDINANCE PURPOSES BEING a 0.444 acre tract or parcel of land situated in the H. Williams Survey, Abstract No. 56, Jefferson County, Texas and being out of and part of that certain called 19.30 acre tract of land as described in "Special Warranty Deed" from The Young Men's Christian Association of Beaumont, Texas to LLM Development Group. Inc. as recorded in Clerk's File No. 2005025119 Official Public Records of Real Property, Jefferson County, Texas; said 0.444 acre tract being more particularly described as follows: NOTE: All bearings are based on the West Right-of-Way line of Dowlen Road and the East line of the herein described tract as SOUTH 00°39'17" East as recorded in Clerk's File No. 9807948, Official Public Records of Real Property, Jefferson County, Texas. BEGINNING at a Concrete Monument found in the west right-of-way line of Dowlen Road (based on a 100' R.O.W.) for the northeast corner of Barrington Heights Subdivision as per plat recorded in Volume 15, Page 348, of the Map Records of Jefferson County, Jefferson County, Texas; THENCE SOUTH 89 019'50" WEST, for the boundary between the tract herein described and the said North line Barrington Heights Subdivision a distance of 853.56 feet to a point for corner; THENCE NORTH 00 043'54" WEST, over and across the tract herein described for a distance of 290.16 feet to the POINT OF BEGINNING; THENCE SOUTH 89 020'29" WEST, over and across the tract herein described for a distance of 49.79 feet to a point for corner; THENCE NORTH 09°36'43" WEST, for the boundary between the tract herein described and the called 5.0 acre tract, for a distance of 179.94 feet to a point for corner; THENCE NORTH 24 013'39" WEST, over and across the tract herein described for a distance of 67.44 feet to a point for corner said point also being on the south line of said 0.565 acre tract of land as described in a"General Warranty Deed"from the Beaumont Metropolitan YMCA to Jefferson County Drainage District No. 6 as recorded in Clerks File No. 9807948 Official Public Records of Real Property, Jefferson County, Texas; THENCE NORTH 65°46'21" EAST, for the boundary between the tract herein described and the south line of said 0.565 acre Jefferson County Drainage District No. 6 tract for a distance of 113.53 feet; THENCE SOUTH 00 043'54" EAST, over and across the tract herein described for a distance of 285.10 feet to the POINT OF BEGINNING and containing 0.444 ACRES, more or less. EXHIBIT "A" GC-MD-2 LEGAL DESCRIPTION FOR ORDINANCE PURPOSES BEING a 0.202 acre tract or parcel of land situated in the H. Williams Survey, Abstract No. 56, Jefferson County, Texas and being out of and part of that certain called 19.30 acre tract of land as described in "Special Warranty Deed" from The Young Men's Christian Association of Beaumont, Texas to LLM Development Group. Inc. as recorded inClerk's File No. 2005025119 Official Public Records of Real Property, Jefferson County, Texas; said 0.202 acre tract being more particularly described as follows: NOTE: All bearings are based on the West Right-of-Way line of Dowlen Road and the East line of the herein described tract as SOUTH 00°39'17" East as recorded in Clerk's File No. 9807948, Official Public Records of Real Property, Jefferson County, Texas. BEGINNING at a Concrete Monument found in the west right-of-way line. of Dowlen Road (based on a 100' R.O.W) for the northeast corner of Barrington Heights Subdivision as per plat recorded in Volume 15, Page 348, of the Map Records of Jefferson County, Jefferson County, Texas; THENCE SOUTH 89 019'50" WEST, for the boundary between the tract herein described and the said North line Barrington Heights Subdivision a distance of 853.56 feet to the POINT OF BEGINNING; THENCE SOUTH 89-19'5b" WEST, for the boundary between the tract herein described and the said North line Barrington Heights Subdivision a distance of 21.63 feet to a point for comer; THENCE NORTH 00 039'17" WEST, for the boundary between the tract herein described and the called 5.0 acre tract for a distance of 109.03 feet to a point for corner; THENCE NORTH 09°36'43" WEST, for the boundary between the tract herein described and the called 5.0 acre tract, for a distance of 183.37 feet to a point for corner; THENCE NORTH 89 020'29" EAST, over and across the tract herein described for a distance of 49.79 feet to a point for corner; THENCE SOUTH 00 043'54" EAST, over and across the tract herein described for a distance of 290.16 feet to the POINT OF BEGINNING-and-containing 0.202 ACRES, more or less. EXHIBIT "B" File 1840-Z: Request for a zone change from RS (Residential Single Family Dwelling) NORTH District to GC-MD(General Commercial-Multiple Family Dwelling) District or more A restrictive district. Location: 3600 block of Dowlen Road SCALE Applicant: Mark Whiteley & Associates, Inc. N.T.S. 7254-V N� H J h Tr.55 C V i d r� } k� TF.54-I 00� oo •rr .e 0 II / A ? SP-1 I _MD - C a , 5¢E SUBJECT o 0 0 0 t�► gA� ,x,42,iG/ p '/� 5.GZJ/�T�/J!/�B S r.:n �a•w,w,/rra. 'f�.v 7g.s1 S l/ F rn���-'- Ui 9G.1J •rsssi /G ;�•ri5� 9<-TS i ���; 6a 7: Ss_t3a -� EXHIBIT 'C' JEFFERSON COUNTY DRAINAGE DISTRICT NO. 6 CF NO. 9807948 - .: .,.a•. PLAT AND DESCRIPTION ARE OPRJC FOR PLANNINC AND ZONING PURPOSES ONLY NO ACTUAL SURVEY MADE. O r- GC-MD a ■ ■ oeaoaooe ■ RSe eeeo� ■ � � 0 GC-MD-2 ZOMNG CHANGE - RS TO GC-MD-2 SW19'so 853.56' POC BARRINGTON HEIGHTS VOL. 15 PG. 348 MRJC ANT` METROPOLITAN PARK OR BY; JMK SCALE. SHEET NO.: m VER: ACRD 2006 I„=200 1 of I X JOB N0. RILE w:/2006/06-169 I REV. EXHIBIT "B" 2 06-189 zone change gcmd.dwg p LINE BEARING DISTANCE 0.202 ACRE u ses•1s'so 21.63' MARK W. WHITELEY L2 NOO'3917"W --Tog-63 AND ASSOCIATES L3 N09'36'43E 163.37' INCORPORATED SKETCH OF ZONE L4 N89'20'29'E 49.79' LS 500.43'54'E 290.16 CONSULTING ENGINEERS, SURVEYORS, AND PLANNERS CHANGE FROM m �X�N RS TO GC-MD-2 ■FdUNOMI..,19G9 T.,Z■-u■2 ■GUYOlR. TS%A9'TIX, ,�■- - � (rZ 4■■-■■Y-131■ JEFFERSON COUNTY DRAINAGE DISTRICT NO. 6 CF N0. 9807948 OPRJC PLAT AND DESCRIPTION ARE FOR PLANNING AND ZONING — PURPOSES ONLY. NO ACTUAL SURVEY MADE. O F' ZOMNG CHANGE GC—MD RS TO GC—MD f la a S db; e 0000a00 t i Q ik; GC—MD-2 S89*19 50,► 853.58' BARRINGTON HEIGHTS VOL. 15 PG. 348 MRJC ANT' METROPOLITAN PARK LINE BEARING DISTANCE DR BY: JMK SCALE: SHEEP No L7 S89'20 29"w 49.79' VER: ACRD 2006 "=2QQ' 1 Of m L2 N0936'43W 179.94' » �� L3 N24.1339"W 67.44' JOB PLO• FILE: w:/2006/06-189 �. EXHIBIT D L4 N6T46'21 E 113.89' 06-189 One change gcmd 2.dw Q L5 500'43'54"E 285.10 � t�AW. WHITELEY 0.444 ACRE ND ASSOCIATES INCORPORATED SKETCH OF ZONE m SURVEYORS, ENGINEERS, CHANGE FROM SURVEYORS, AND MANNERS m a� P. 0. 6492 3M OGU�0110 RS TO GC—MD 100_au_ z1 (PUq ,°Y-eaz-1310