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HomeMy WebLinkAboutORD 16-047ORDINANCE NO. 16-047 ENTITLED AN ORDINANCE REPEALING ORDINANCE NO. 16-039 AND ENACTING AN ORDINANCE THEREAFTER 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) DISTRICT TO GC -MD -2 (GENERAL COMMERCIAL -MULTIPLE FAMILY DWELLING -2) DISTRICT FOR PROPERTY LOCATED AT 1350 W. LUCAS DRIVE, BEAUMONT, JEFFERSON COUNTY, TEXAS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. WHEREAS, John Wilson had previously requested a zone change for the property zoned RS (Residential Single Family Dwelling) District to GC -MD (General Commercial -Multiple Family Dwelling) District located at 1350 W. Lucas Drive, being Lot 4, Block 9, Calder Highlands, Beaumont, Jefferson County, Texas, containing 0.256 acres, more or less; and, WHEREAS, on August 15, 2016, the City of Beaumont Planning Commission recommended 7:0 to approve a rezoning from RS (Residential -Single Family Dwelling) District to GC -MD -2 (General Commercial -Multiple Family Dwelling -2) District for the property located at 1350 W. Lucas Drive, Beaumont, Jefferson County, Texas; and, WHEREAS, on August 23, 2016, the City Council of the City of Beaumont, Texas adopted Ordinance No. 16-039 inadvertently granting GC -MD (General Commercial - Multiple Family Dwelling) District zoning for the property located at 1350 W. Lucas Drive, Beaumont, Jefferson County, Texas; and, WHEREAS, the Council recognizes that the zone change was to have been to GC -MD -2; and, WHEREAS, it is necessary to repeal Ordinance No. 16-039 in order to properly reflect the intended zoning designation of GC -MD -2; and, 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are hereby, in all things, approved and adopted; and, Cat-finn 1 That Ordinance No. 16-039 be and it is hereby repealed. Carfinn 7 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 GC -MD -2 (General Commercial -Multiple Family Dwelling -2) District for property located at 1350 W. Lucas Drive, being Lot 4, Block 9, Calder Highlands, Beaumont, Jefferson County, Texas, containing 0.256 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 3. 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. Cof-finn d 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 5. That all ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only. Section 6. 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. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 27th day of September, 2016 k,( X " y W'' � , I - Ma P r Becky Ame CALLED 0.33 ACRES ERIK L. JENSEN, of ux CF NO. 2006046171 n� z z jL5 o=oma >zaQ nnM0W wwo0 'm% �> WO a- �oCo En a— OQOmC 0 Z W W U (L6�7 J Q wp Zowao 7Kz0z o QEnWQ= -� ZdXW� 8 in M :D a in nwo R22QQxm wW(n1 N �®FC613 U0 c~�� O wa-u Omo�o F 0zo wwoum —MIn<(nna chi; -Jzw o 1 :9 w o Z oo 0o` ,in= ~ w 0 inl—�.. �~jyF V) IY T W = W Pw�Ca�oO -0- ¢p to x 00 V In EE 0 EFERENCE, REARING . PER PLAT CONC ON CALLED 1.0258 ACRES (CALL SOUTH 50.00') PROPERTY pHELAN INVESTMENTS ��tt� ,.�pD �kE UNF;kE-- CF NO. 96-9635742 ub S60 0fto „ Vv '�(D g: OPRJC FND 5/8> I. ROD N iJ 0.08' o 9' WOOD FRAM :F 5.10' BLDG. ON Y r SLAB LOT 4 BLOCK 9 � FND 5/8- 1. ROD 149'„ �n ,n In M n 2.89' a' Z N a.a FND 5/8" L ROD i w a1 m y v=i 3 ri W/CAP STAMPED I FND 1/2 IF & S' ( I. ROD OHE- " ❑HE aHE OHE F= JD 1400007'45"'IN 499 88, (CALL NORTH 50.00') GE ;JVEST LUCAS DRLIN m (CALLED LUCAS DRIVE PER PLAT) (50' ROW) TO THE LEINHOLDERS AND. THE OWNERS OF THE PREMISES 1350 WEST LUCAS DRIVE SURVEYED AND TO THE FIRST AMERICAN TITLE INSURANCE COMPANY. BEAUMONT TX 77706 THE UNDERSIGNED DOES HEREBY CERTIFY THAT THIS SURVEY .WAS THIS DAY MADE ON THE GROUND OF THE PROPERTY LEGALLY DESCRIBED HEREON AND IS CORRECT, AND THAT THERE ARE NO DISCREPANCIES, CONFLICTS, SHORTAGES IN AREA, BOUNDARY LINE CONFLICTS, ENCROACHMENTS, OVER—LAPPING OF IMPROVEMENTS, EASEMENTS OR RIGHTS—OF—WAY EXCEPT AS SHOWN HEREON, AND THAT SAID PROPERTY HAS ACCESS TO AND FROM A DEDICATED pnanwAv ALL EASEMENTS SHOWN AND NOTED PER TEXAS RE( EXHIBIT "A" G:F: No. 19936—AS SCALE 1`-30' , Lot Number Four (4) in Block Number Nine (9) of CALDER HIGHLANDS ADDITION, an addition to the City of Beaumont, Jefferson County, Texas, as the some appears upon the map or plot thereof, on file and of record in Volume 4, Page 155 Map Records of Jefferson County, Texas. Owner: 1334 Lucas Venture, LLC Census: 4.00 In accordance with the Flood Hazard Boundary 0.22' 1 L e") M WOOD FRAME g F 4wI� e.a r7 "' LL1 0;88' GARAGE 10.41' 00N e 20.3' 'Q N �� o o .� t 9y3 i =0.39 CD as �{ to 3.15' 20.3' �° 0.1 7' 5.0'0 LO tri rc,14' ° AC BRICK & FRAME RESIDENCE a a Irl N ELEC. MTR. 13.9' " 3.25' 16.4' �n ,n In M n 2.89' a' Z N a.a FND 5/8" L ROD i w a1 m y v=i 3 ri W/CAP STAMPED I FND 1/2 IF & S' ( I. ROD OHE- " ❑HE aHE OHE F= JD 1400007'45"'IN 499 88, (CALL NORTH 50.00') GE ;JVEST LUCAS DRLIN m (CALLED LUCAS DRIVE PER PLAT) (50' ROW) TO THE LEINHOLDERS AND. THE OWNERS OF THE PREMISES 1350 WEST LUCAS DRIVE SURVEYED AND TO THE FIRST AMERICAN TITLE INSURANCE COMPANY. BEAUMONT TX 77706 THE UNDERSIGNED DOES HEREBY CERTIFY THAT THIS SURVEY .WAS THIS DAY MADE ON THE GROUND OF THE PROPERTY LEGALLY DESCRIBED HEREON AND IS CORRECT, AND THAT THERE ARE NO DISCREPANCIES, CONFLICTS, SHORTAGES IN AREA, BOUNDARY LINE CONFLICTS, ENCROACHMENTS, OVER—LAPPING OF IMPROVEMENTS, EASEMENTS OR RIGHTS—OF—WAY EXCEPT AS SHOWN HEREON, AND THAT SAID PROPERTY HAS ACCESS TO AND FROM A DEDICATED pnanwAv ALL EASEMENTS SHOWN AND NOTED PER TEXAS RE( EXHIBIT "A" G:F: No. 19936—AS SCALE 1`-30' , Lot Number Four (4) in Block Number Nine (9) of CALDER HIGHLANDS ADDITION, an addition to the City of Beaumont, Jefferson County, Texas, as the some appears upon the map or plot thereof, on file and of record in Volume 4, Page 155 Map Records of Jefferson County, Texas. Owner: 1334 Lucas Venture, LLC Census: 4.00 In accordance with the Flood Hazard Boundary