HomeMy WebLinkAboutORD 21-073ORDINANCE NO. 21-073
ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE
PERMIT TO ALLOW A CONVENIENCE STORE AND GAS
STATION IN A GC-MD-2 (GENERAL COMMERCIAL -
MULTIPLE FAMILY DWELLING-2) DISTRICT FOR
PROPERTY LOCATED AT 4050 MAGNOLIA AVENUE IN
THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS.
WHEREAS, George Charlton has applied for a specific use permit to allow a
convenience store and gas station in a GC-MD-2 (General Commercial -Multiple Family
Dwelling-2) District for property located at 4050 Magnolia Avenue, as described in
Exhibit "A" and shown on Exhibit "B," attached hereto; and,
WHEREAS, the Planning and Zoning Commission of the City of Beaumont
considered the request and is recommending approval of a specific use permit to allow
a convenience store and gas station in a GC-MD-2 (General Commercial -Multiple
Family Dwelling-2) District for property located at 4050 Magnolia Avenue, subject to the
following conditions;
and,
• Landscaping required to meet City ordinance requirements;
• Construction Plans must meet all requirements by Water Utilities for water
and sanitary sewer improvements including any requirements of the City's
backflow, pre-treatment and/or F.O.G. program;
• No permanent structure allowed to be constructed on top of the sanitary
sewer easement;
WHEREAS, the City Council is of the opinion that the issuance of such specific
use permit to allow a convenience store and gas station is in the best interest of the City
of Beaumont and its citizens;
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,
Section 1.
That a specific use permit to allow a convenience store and gas station in a GC-
MD-2 (General Commercial -Multiple Family Dwelling-2) District for property located at
4050 Magnolia Avenue, as described in Exhibit "A" and shown on Exhibit "B," is hereby
granted to George Charlton, his legal representatives, successors and assigns, as
shown on Exhibit "C," attached hereto and made a part hereof for all purposes, subject
to the following conditions;
• Landscaping required to meet City ordinance requirements;
• Construction Plans must meet all requirements by Water Utilities for water
and sanitary sewer improvements including any requirements of the City's
backflow, pre-treatment and/or F.O.G. program;
• No permanent structure allowed to be constructed on top of the sanitary
sewer easement.
Section 2.
That the specific use permit herein granted is expressly issued for and in
accordance with each particular and detail of the site plan attached hereto as Exhibit "B"
and made a part hereof for all purposes.
Section 3.
Notwithstanding the site plan attached hereto, the use of the property herein
above described shall be in all other respects subject to all of the applicable regulations
contained in Chapter 28 of the Code of Ordinances of Beaumont, Texas, as amended,
as well as comply with any and all federal, state and local statutes, regulations or
ordinances which may apply.
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.
� OWN',
i
�mMayorWOR
Robin 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: 1 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
comer being the Southeast corner of the said Lot 4 and the Northeast corner 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 corner a 5/8"
iron rod with a cap stamped "M.W. Whiteley & Associates" set for the Southwest corner 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 corner 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;
EXI=fiB V'N'
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 —
ingle-Family Dwelling) to GC-MD-2 (General Commercial — Multiple -Family Dwelling-2),
rith a Specific Use Permit to allow a convenience store/restaurant and gas station.
plicant: George Charlton
cation: 4050 Magnolia
0 100 200
1 1 1 1 Feet
EXHIBIT "B"
SITE
PLAN
V - aW-r
REVISION: 1
11/16/21
C-1