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HomeMy WebLinkAboutORD 21-072ORDINANCE NO. 21-072 ENTITLED AN ORDINANCE 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 A PORTION OF THE PROPERTY LOCATED AT 4050 MAGNOLIA AVENUE, 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 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 a portion of the property located at 4050 Magnolia Avenue, as described in Exhibit "A" and shown on Exhibit "B," attached hereto, and the official zoning map of the City of Beaumont is hereby amended to reflect such changes. Rar_tinn 9 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. Section 3. 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 4. That all ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only. Ccrtinn R 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. The meeting at which this ordinance was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 26th day of October, 2021. i MayorRobin Mouton LEGAL DESCRIPTION FOR ORDINANCE PURPOSES BEING a 1.325 acre tract or parcel of land situated in the A. Williams Survey, Abstract No. 385, Jefferson County, Texas and being out of and part of Lots 1 and 2 and all of Lots 3 and 4 of The George R. Charlton Sr. Subdivision, a subdivision of the City of Beaumont, Jefferson County, Texas, according to the plat thereof recorded in Clerk's File No. 2007047668, Official Public Records of Real Property, Jefferson County, Texas, said 1.325 acre tract being more particularly described as follows: NOTE: . All bearings are referenced to the East line of the above referenced Lot 4 as SOUTH 00°00'00" EAST as recorded in the above referenced Clerk's File No. 2007047668, Official Public Records of Real Property, Jefferson County, Texas. BEGINNING at a 5/8" iron with a cap stamped "M.W. Whiteley & Associates" in concrete found for the Northeast corner of the tract herein described, said comer also being the Northeast corner of the said Lot 4 and the Northwest corner of that certain called "Property No. 16" as described in a "General Warranty Deed" from Freydoun B. Shahrodi and Zohreh Shahrodi to J2D2 Properties and Katt Investments, LLC as recorded in Clerk's File No. 2019042093, Official Public Records of Real Property, Jefferson County, Texas and being in the South La Salle Street (based on a width of 50 feet); THENCE SOUTH 00000'00" WEST, along and with the boundary between the tract herein described and the said J2D2 Properties, et al. tract, the same being the East line of the said Lot 4, for a distance of 207.42 feet to an iron rod with a cap stamped "S&P" found for corner, said corner being the Southeast corner of the said Lot 4 and the Northeast comer of that certain called 1/2 acre tract, identified as TRACT 1, as described in a "Special Warranty Deed" from Delbra Roberts, et al. to Pamela N. Fisher as recorded in Clerk's File No. 2019004534, Official Public Records of Real Property, Jefferson County, Texas; THENCE SOUTH 89058'41" WEST, along and with the boundary between the tract herein described and the North line of the said 1/2 acre Fisher tract, the same being the South line of the said Lots 4, 3 and 2, for a distance of 233.16 feet to a point for corner and from said comer a 5/8" iron rod with a cap stamped "M.W. Whiteley & Associates" set for the Southwest comer of the said Lot 2 and the Northwest corner of the said 1/2 acre Fisher tract bears SOUTH 89°58,41" WEST a distance of 141.25 feet; THENCE NORTH 23002'37" WEST, over and across the said Lots 2 and 1 and parallel and 130 feet perpendicular to the East right-of-way line of Magnolia Avenue and the West line of the said Lots 2 and 1, for a distance of 226.77 feet to a point for corner, said corner being in the North line of the said Lot 1 and the South right-of-way line of La Salle Street and said corner bears SOUTH 8904734" EAST a distance of 141.49 feet from a 5/8" iron rod with a cap stamped "M.W. Whiteley & Associates" set for the Northwest comer of the said Lot 1 and the intersection of the East right-of-way line of Magnolia Avenue and the South right-of-way line of La Salle Street; EXHIBITI'A" THENCE SOUTH 89047'34" EAST, along and with the South right-of-way line of La Salle Street and the North line of the said Lots 1, 3 and 4, for a distance of 321.93 feet to the POINT OF BEGINNING and containing 1.325 Acres, more or less. Z2021-284: Request for a Rezone for a portion of the property from RS (Residential — Single -Family Dwelling) to GC-MD-2 (General Commercial — Multiple -Family Dwelling-2), with a Specific Use Permit to allow a convenience store/restaurant and gas station. Applicant: George Charlton Location: 4050 Magnolia 0 100 200 1 1 1 1 Feet k ef. m, �41 N ���T u. ti � h"p � ll� ..( cy iY � C ��i'•J $'I+�i .k."`4 �1��l,, '7 1q 8 �t � '�' e��1 `f � �i� ;..- { a �.� ,�cf t 3 A s r} § � ���• i t 1� C r a�t •- %� V, CA u .''1 o ,il s . +t• i a Ps �' 1', Q. 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