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HomeMy WebLinkAboutORD 23-049ORDINANCE N0.23-049 ENTITLED AN ORDINANCE ISSUING AN AMENDED SPECIFIC USE PERMIT TO ALLOW A MORTUARY IN AN RCR (RESIDENTIAL CONSERVATION REVITALIZATION) DISTRICT FOR PROPERTY LOCATED AT 3510 SARAH STREET IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS, on May 25, 2021, City Council approved Ordinance No. 21-032 to allow a specific use permit for a mortuary in an RCR (Residential Conservation Revitalization) District for property located at 3510 Sarah Street, being Lot 1, Sarah Street Addition, Beaumont, Jefferson County, Texas, containing 3.0 acres, more or less, as shown on Exhibit "A,° attached hereto; and, WHEREAS, Kent W. Johns, representative for Comeaux Community Mortuary & Crematory, L.L.0 wishes to amend the specific use permit for a mortuary in an RCR (Residential Conservation Revitalization) District for property located at 3510 Sarah Street, being Lot 1, Sarah Street Addition, Beaumont, Jefferson County, Texas, containing 3,0 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 to amend the specific use permit by extending the deadline to December 13, 2024 to allow for a mortuary in an RCR (Residential Conservation Revitalization) District for property located at 3510 Sarah Street, subject to the following conditions: 1. Final plans will need to meet all requirements of the city F.O.G. backflow program (Water Utilities); and, 2. Landscaping to meet City of Beaumont Ordinance requirements; and, WHEREAS, the City Council is of the opinion that the amendment of such specific use permit to allow a mortuary 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 Ordinance 21-032 be amended by amending a specific use permit granted to Kent W. Johns, representative for Comeaux Community Mortuary & Crematory, L.L.C., their legal representatives, successors and assigns, as shown on Exhibit "B," attached hereto and made a part hereof for all purposes, by extending the deadline to December 13, 2024 to allow the construction of a mortuary subject to the following conditions: 1. Final plans will need to meet all requirements of the city F.O.G, backflow program (Water Utilities). 2. Landscaping to meet City of Beaumont Ordinance requirements. Coriinn i 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 6th day of June, 2023. - MOor Roy West - LEGAL DESCRIPTION FOR ORDINANCE PURPOSES Being Lot 1, Sarah Street Addition, Beaumont, Jefferson County, Texas, containing; 3.0 acres, nnore or less. CITY OF BEAUMONT PLANNING DIVISION ATTN: ELAYNA LUCKEY 801 MAIN STREET, ROOM 201 BEAUMONT, TX 77701 Johns & Johns Attorneys at Law * Kent W. Johns BOARD CERTIFIED PERSONAL INJURY TRIAL LAW May 25, 2023 TUAS eOAR0 OF LEGAL SPECIALIZATION Theodore R. Johns, Jr, Theodore Fi, Johns, Sr., Emeritus VIA ELECTRONIC MAIL REQUEST FOR EIGHTEEN (18) MONTH EXTENSION OF SPECIFIC USE PERMIT RE: SPECIFIC USE PERMIT: COMEAUX COMMUNITY MORTUARY & CREMATORY, LLC.; 3510 SARAH STREET, BEAUMONT, TX 77705 Dear Sir/Madam: Please take notice that my office is retained to assist Comeaux Community Mortuary & Crematory, LLC., CEO Andre' Comeaux, in seeking an Eighteen (18) month extension of the Specific Use Permit Granted on or about May of 2021. All pertaining to the above -referenced property. The Comeaux Community Mortuary & Crematory, LLC., hereby makes this request for additional time or an extension of the Specific Use Permit as a result of a variety unforeseen difficulties. Including, but not limited to delays surrounding the COVID 19 Pandemic and other reasons. Essentially, we have incurred delays from. our Consulting Engineer with regards to design and planning. In addition, we have endured delays from financial institutions pertaining to loan structure and documentation. We seek this extension of eighteen months not due to conscious indifference, but as a result of absolute necessity. If you require any further information from our Engineer, C.P.A., or my office, please feel free to contact us. Again, we thank you in advance for the opportunity and request approval for extending the Specific Use Permit. Sincerel , KENT W. JOHNS l!johnslawfirzii(it),hotinail.cotrl Representative for Comeaux Community Mortuary & Crematory, LLC. 2640 Calder Avenue, Beaumont, TX 77702 - P.O. Box 808, Beaumont, TX 77704 - Phone; 4091833-2233 - Fax 409/833-4226 KWilocf cc; Andre Comeaux-------- Via Email aiidre.comeaux@coiiieauxmoituai-y.com Tel, Phone (702)503-5235 ORDINANCE NO. 21-032 ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A MORTUARY IN AN RCR (RESIDENTIAL CONSERVATION REVITALIZATION) DISTRICT FOR PROPERTY LOCATED AT 3510 SARAH STREET IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS, WHEREAS, Comeaux Community Mortuary & Crematory, L.L.C. has applied for a specific use permit to allow a mortuary in an RCR (Residential Conservation Revitalization) District for property located at 3510 Sarah Street, being Lot 1, Sarah Street Addition, Beaumont, Jefferson County, Texas, containing 3.0 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 a mortuary in an RCR (Residential Conservation Revitalization) District for property located at 3510 Sarah Street, subject to the following conditions; + Final plans will need to meet all requirements of the city F.O.G. backflow program (Water Utilities); + Landscaping to meet City of Beaumont Ordinance requirements; and, WHEREAS, the City Council is of the opinion that the issuance of such specific use permit to allow a mortuary 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 mortuary in an RCR (Residential Conservation Revitalization) District for property located at 3510 Sarah Street, being Lot 1, Sarah Street Addition, Beaumont, Jefferson County, Texas, containing 3.0 acres, more or less, as shown on Exhibit "A," is hereby granted to Comeaux Community Mortuary & Crematory, L.L.C., its legal representatives, successors and assigns, as shown on Exhibit "B," attached hereto and made a part hereof for all purposes, subject to the following conditions; • Final plans will need to meet all requirements of the city F.O.G. backflow program (Water Utilities); • Landscaping to meet City of Beaumont Ordinance requirements. 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 May, 2021. � , f &rw, Maye B6cky PZ2021-128: Request for a Specific Use Permit to allow a mortuary and ervmatory in an RCS. (Residential Conservation Revitalization) District. Applicant: Comeaux Community Mortuary & Crematory, L.L.C, Location, 3510 Sarah Street 100 200 i I Feet 3 V, L'I'll MM IRLAAttf a L A"" W, -K INN y is -1kF ---V--� I- - A WIAPV ani- 52 r .7' rg vv' A, 41. 4A EXHIBIT "A" No Text