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HomeMy WebLinkAboutORD 22-066ORDINANCE NO.22-066 ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW AN ASSISTED LIVING FACILITY IN A GC-MD-2 (GENERAL COMMERCIAL -MULTIPLE FAMILY DWELLING-2) DISTRICT FOR PROPERTY LOCATED AT 3440 VALMONT AVENUE, IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS, Zach Rowe, on behalf of Oakridge Assisted Living Home, has applied for a specific use permit to allow an assisted living facility in a GC-MD-2 (General Commercial -Multiple Family Dwelling-2) District for property located at 3440 Valmont Avenue, being a 1.2427 acre tract or parcel of land situated in the Hezekiah Williams Survey, Abstract No. 56, Beaumont, Jefferson County, Texas, containing 1.2427 acres, more or less as shown on Exhibit 'A" 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 an assisted living facility in a GC-MD-2 (General Commercial -Multiple Family Dwelling- 2) District for property located at 3440 Valmont Avenue with the following conditions: 1. Construction plans must meet all requirements by Water Utilities for any water and sanitary sewer improvements, including any requirements of the City's backflow, pre-treatment, and/or FOG program; 2. Construction plans shall be in compliance with Section 28.04.006 Landscaping and screening requirements; and, WHEREAS, the City Council is of the opinion that the issuance of such specific use permit to allow an assisted - living facility is in the best interest j 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 an assisted living facility in a GC-MD-2 (General Commercial -Multiple Family Dwelling-2) District for property located at 3440 Valmont Avenue, being a 1.2427 acre tract or parcel of land situated in the Hezekiah Williams Survey, Abstract No. 56, Beaumont, Jefferson County, Texas, containing 1.2427 acres, more or less, as shown on Exhibit 'A," is hereby granted to Zach Rowe on behalf of Oakridge Assisted Living Home, its legal representatives, successors and assigns, as shown on Exhibit "B," attached hereto and made a part hereof for all purposes, 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 25th day of October, 2022. - Mayor Robin Mouton — LEGAL DESCRIPTION FOR ORDINANCE PURPOSES BEING a 1.2427 acre tract or parcel of land situated in the Hezekiah Williams Survey, Abstract No. 56, Jefferson County, Texas and being out of and part of the remainder of that certain called 209.2045 acre tract of land as described in a "Special Warranty Deed" from Amoco Production Company to Delaware Extension Development, Ltd. as recorded in Clerk's File No. 2000047669, Official Public Records of Real Property, Jefferson County, Texas, said 1.2427 acre tract being more particularly described as follows: NOTE. All bearings are referenced to the West line of that certain called 1.5000 acre tract conveyed to CMDC4WALKER, LLC as NORTH 03 °33'37" WEST as recorded in Clerk's File No. 2019021478, Official Public Records of Real Property, Jefferson County, Texas. BEGINNING at a 5/8" iron rod with a cap stamped "M.W. Whiteley & Associates" found for the Northwest corner of the tract herein described, said corner also being the intersection of the Easterly right- of-way lien of Valmont Avenue (based on a width of 60 feet) and the Southerly line of that certain called 3.108 acre tract of land, identified as Tract 2 - Dowdel Ditch, as described in a "Donation Deed" from Delaware Extension Development, Ltd. to Jefferson County Drainage District No. 6 as recorded in Clerk's File No. 2003050607, Official Public Records of Real Property, Jefferson County, Texas, said corner also being the beginning of a curve turning to the right having a radius of 3529.09 feet and being subtended by a chord bearing NORTH 75°27'39" EAST having a chord length of 274.05 feet; THENCE EASTERLY, along and with the Southerly line of the said 3.108 acre Jefferson County Drainage District No. 6 tract, for an are length of 274.12 feet to a point for corner; THENCE SOUTH 12017'03" EAST, over and across the remainder of the said 209.2045 acre Delaware Extension Development, Ltd. tract, for a distance of 204.29 feet to a 5/8" iron rod with a cap stamped "M.W. Whiteley & Associates" found for corner, said corner being the Northeast corner of a 1.1337 acre tract out of and part of the remainder of the said 209.2045 acre Delaware Extension Development, Ltd. tract, said corner also being the beginning of a curve turning to the left having a radius of 3324.37 feet and being subtended by a chord bearing SOUTH 7590'33" WEST having a chord length of 256.02 feet; THENCE WESTERLY, along and with said curve and the Northerly line of the said 1.1337 acre tract, for an arc length of 256.09 feet to a 5/8" iron rod with a cap stamped "M.W. Whiteley & Associates" found for corner, said corner being the Northwest corner of the said 1.1337 acre tract and being in the Easterly right- of-way line of Valmont Avenue; THENCE NORTH 17019'24" WEST, along and with the Easterly right-of-way line of .Valmont Avenue, for a distance of 194.11 feet to a 1/2" iron rod with a cap found for corner, said'corner being the beginning of a curve turning to the left having a radius of 1970.00 feet and being subtended by a chord bearing NORTH 17042'09" WEST having a chord length of 10.05 feet; THENCE NORTHERLY, along and with said curve and the Easterly right-of-way line of Valmont Avenue, for an are length of 1-0.'05 feet, to the POINT OF BEGINNING and containing 1.2427 Acres, more or less. 022-378: Request for a Specific Use Permit to allow an assisted living facility in the N MD-2 (General Commercial — Multiple -Family Dwelling-2) District. licant: Zach.Rowe for Oakridge Assisted Living Home_ Ation: 3440 Valmont Avenue 0 100 200 1 i 1 f Feet EXHIBIT "A" CALLED 3.108.ACRES 'DOWDEL DITCH' "DRAINAGE r•� :r JE7FERSON , COUNTY DISTRICT .NO.' 6i CF. NO.-2003 OPRJC05Ofi07 G ` _ 5' SIDE SETBACKAu q� r r .. CiOVEREDn�' - 1 I AREA, o N .. "° �.aa27ACRes' a LEGEND•- �_: ; :, �. , 2D.7 -..l , •-_ . : j.' -.. 0- POWER: POLE AREA PROPOSEDASSISTED '. I. ucxr T'oLE ::-. o. LIVING`FACILITY .: 1. OO • MANHOLE. o 1 w_ TOTAL. 7994.78.S.F. ` 1 w .. _ HANDICAP PARKING . _ . 'GUY . m' C, ANCHOR . . :DBE OVEREi EAD A: ' A L.S'. AREA IANDS CAPINGEARFA 9 EA 1' AREA '.� -15= RFAR'SETBACK ID . ` 9D.5 1 o INLET 1 PROPOSED LANDSCAPE SCREENING BUFFER 10' UTILITY EASEMENT CF NO. 2008029470 OPRJC G. O ELEC. Z BOX LIGHT, ,INi m G POLE - ' m REMNNDER'OF G1L1ED'209.2045. ACRES- 1. DELAWARE:EXTENSION'DEVELOPMW, OD. . CF NO. 2000047669' OPRJC _�_` :.1 .. - ,l lam• " J 25'" BUILDING ` 1 . SETBACK PROPOSED INGRESS EGRESS EASEDAENL• . 5' SIDE "SETBACK ' PROPOSED ASSISTED LIVING FACILITY " :1— ACRES;.OF " SITE PLAN 1.2427 ACRE TRACT .•. �� OUT OF & PART1.1337, 3440 VALMONT AVENUE !- `— CALLED 209.2o45'ACRES" HEZEKIAH WILLIAMS SURVEY, I' `TRACT• II . DELAWARE-EXTENSION' DEVELOPMENT, 'LTD. ABSTRACT NO. 56 o FND'.0.5969 ACRES - INGRESS & EGRESS EASEMENT, CF' NO., 2000047669 - OPRJC " BEAUMONT, JEFFERSON COUNTY, TEXAS CF NO.)2020026764 - - 'I DATE AUG. 2022 DR BY: THC SCALE: 1"=40' „ OPRJC, = WHITELEY OLIVER -CrDIUS -, ARC LENGTH -.CHORO'Lr3JGTH CHORD HEJIRING' DELTA ANGLE' ", ENGINEERING, LLC C7" 3529:09' 274,12'" . 274.05' N"75 27$B' E- : 4 2TO7' ! `- C2• 3324:37 , - 255.09' _ 256.02 1 S 7530733' W • 4 24'49' TEXAS ENGINEERING FIRM NO. F-22257 4351 CROW ROAD, BEAUMONT, TEXAS 77706 C3 1970.CO .'. _ 10.05 10.05 N, 17'42'09' :W 01Z32' 499•a92.0421� WHRELEYOLIVER.COM EXHIBIT „B„ _