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Home My WebLink AboutORD 23-077ORDINANCE NO. 23-077 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 RM-H(RESIDENTIAL MULTIPLE FAMILY -HIGHEST DENSITY) DISTRICT FOR PROPERTY LOCATED SOUTH OF 2315 RUSK STREET, 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 RM-H (Residential Multiple Family -Highest Density) District for• property located South of 2315 Rusk Street, being a 0.15 acre tract out of the Noah Tevis Survey, Abstract 52, Beaumont, Jefferson County, Texas, containing 0.6282 acres, more or less, as shown on Exhibit "A," attached thereto, and the official zoning neap of the City of Beaumont is hereby amended to reflect such changes. Section 2. That, in all other respects, the use of the property herein above described shalt 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 That all ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only. Section 5. 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. 2023. PASSED BY THE CITY COUNCIL of the City of w r this the loth day of October, - Mayor Roy West - LEGAL DESCRIPTION FOR ORDINANCE PURPOSES BEING a 0.15 acre tract out of the Noah Tevis Survey, Abstract 52, Jefferson County, Texas; said 0.15 acre tract being a portion of a 0,6282 acre tract described in a conveyance to Martin Home Solutions, LLC as described in Clerk's File No. 2021044534 of the Official Real Property Records of Jefferson County, Texas; said 0.15 acre tract being more particularly described as follows; BEGINNING at the southeast corner of Lot 1, In Block 17 of Oaks Addition, a subdivision plat recorded in Volume 3, Page 149 of the Map Records of Jefferson County, Texas; said point being on the west line of 7th Street and being the northeast corner of the herein described tract; THENCE South 03021'19" East along the west line of 7th Street and the east line of the said 0.6282 acre tract, a distance of 54.7 feet to the southeast corner of the herein described tract; THENCE South 86045'20" West across the said 0.6282 acre tract, a distance of 148.87 feet to a point on the west line of the said 0.6282 acre tract; said point being the southeast corner of Lot 4, in Block 17 of the said Oaks Addition; said point being the southwest corner of the herein described tract, THENCE North 03°20'41" West along the west line of the said 0,6282 acre tract and the east line of said Lot 4, a distance of 54.7 feet to a point being the northwest corner of the said 0,6282 acre tract and the southwest corner of said Lot 1; said point being the northwest corner of the herein described tract; THENCE North 86°45'20" East along the north line of the said 0.6282 acre tract and the south line of said Lot 1, a distance of 148,87 feet to the POINT OF BEGINNING, and containing 0.15 acres of land, more or less, DATE: September 18, 2023 TO: Planning Commission and City Council FROM: Demi Engman, Planning Manager SUBJECT: Consider a request for a Rezoning from R-S (Residential -- Single- Family Dwelling) to RM-H (Residential Multiple Family --Highest Density) or a more restrictive district. FILE: PZ2023-315 STAFF REPORT Kendrick Martin of Martin Home Solutions LLC, requests a Rezoning to a 0.15 portion of property located just south of 2315 Rusk Street. Currently, the property has split zoning of R-S (Residential Single -Family Dwelling) and RM-H (Residential Multiple Family --Highest Density). Mr. Martin is requesting such so the entire property can be zoned as RM-H to develop an apartment complex. According to our City's Comprehensive Plan the property is located within the "Conservation and Revitalization" area. Such areas are "built up areas where a significant portion of the area 1s experiencing influences such as incompatible land uses, dilapidated infrastructure, and a decline in population and In the number of housing units and businesses, immediate actions are needed to prevent continued deterioration and to reverse and repair those conditions." This request appears to align with our City's Comprehensive Plan of Beaumont and a viable development plan to aid growth to this area. Staff recommends approval of the request. Exhibits are attached, PUBLIC NOTIFICATION Notices mailed to property owners 22 Responses in Favor Responses in Opposition BEAUMONT (Manning & Community Development Case Type:Pianning and Zoning Case Status: REVIEW Case Sul) Tyke: Rezone Tag Marne: Rezoning frorn RS to RM-H Case M. PZ2023-315 Initiated On: 7/19/2023 3:38:50PM Location: South of 2315 Rusk Street individuals listed on the record: Applicant Kendrick Martin 123 Lindsey St Silsbee, TX 77656 Owner MARTIN HOME SOLUTIONS LLC Missing Address, City, Stale, or Zip Code In People Horne Phone: Work Phone: Cell Phone: 4096589140 E-Mail: kendrick,l,niai-tin@gmall.com Home Phone: Work Phone: Cell Phone: E-Mall: Legal Description SE PT LT 17 OAKS HESERT PARK Number of Acres 0,62 Proposed Use Apartment complax Notes: Case Type: Planning and Zoning Page 1 of 1 Case it: PZ2023-316 Printed On: 8/25/2023 Kendrick Martin Martin home Solutions LLC 123 Lindsey St. Silsbee Texas 77656 Subject: Rezoning of 0000 Smart St. The letter serves as a request to completely rezoning of 0000 Smart Street to the parcel at the corner of smart and 7111 RMH from RS In order to build a 16 unit apartment complex. Kendrick Martin Martin Home Solutions (409) 658-9140 FAUST Engineering and Surveying, Inc. Professional Engineers and Professional Surveyors Telephone (409) 813-3410 E-MAIL ADDRESS IN FG@FAUSTENG.COM Fax (409) 813-3484 5550 Eastex Freeway, Sulte 0 Beaumont, Texas 77708 Surveying Firm No. 10002400 Engineering Firm No, F-4800 METES AND BOUNDS DESCRIPTION FOR A 0.15 ACRE TRACT OUT OF THE NOAH TEVIS SURVEY, ABSTRACT52 BEAUMONT, JEFFERSON COUNTY, TEXAS THE PURPOSE OF THIS DESCRIPTION IS TO REZONE A PORTION OF A 0.6282 ACRE TRACT. THIS DESCRIPTION IS BASED ON THE PROPERTY CONVEYANCE. THE SURVEYOR DID NOT PROVIDE A BOUNDARY SURVEY WITH THIS METES AND BOUNDS DESCRIPTION. BEING a 0.15 acre tract out of the Noah Tevis Survey, Abstract 52, Jefferson County, Texas; said 0.15 acre tract being a portion of a 0.6282 acre tract described in a conveyance to Martin Home Solutions, LLC, as described in Clerk's File No. 2021044534 of the Official Real Property Records of Jefferson County, Texas; said 0.15 acre tract being more particularly described as follows; BEGINNING at the southeast corner of Lot 1, in Block 17, of Oaks Addition, a subdivision plat recorded In Volume 3, Page 149, of the Map Records of Jefferson County, Texas; said point being on the west line of 71� Street and being the northeast corner of the herein described tract; THENCE South 03021'19" East along the west line of 71" Street and the east line of the said 0.6282 acre tract, a distance of 54.7 feet to the southeast corner of the herein described tract; THENCE South 86°45'20" West across the said 0.6282 acre tract, a distance of 148.87 feet to a point on the west line of the said 0.6282 acre tract; said point being the southeast corner of Lot 4, in Block 17, of the said Oaks Addition; said point being the southwest corner of the herein described tract; THENCE North 03020'41" West along the west line of the said 0,6282 acre tract and the east line of said Lot 4, a distance of 54.7 feet to a point being the northwest corner of the said 0.6282 acre tract and the southwest corner of said Lot 1; said point being the northwest corner of the herein described tract; 23331 Smart Strect Rezoning THENCE North 86°45'20" East along the north line of the said 0.6282 acre tract and the south line of said Lot 1, a distance of 148.87 feet to the POINT OF BEGINNING, and containing 0.15 acres of land, more or less, , This description was prepared under the supervision of Richard F. Faust, P,E., Registered Professional Land Surveyor No, 4782. Richard F. Faust, P.E. Registered Professional Land Surveyor No. 4782 Page 2 M VICINTY MAP NTS RUSK STREET LOT 1, BLOCK 17 OAKS ADDITION LOTS, BLOCK 17 !� 8845'2D" OAKS ADDITION 0.15 ACRE TRACT TO BE REZONED FROM TO R•5 TO RM-H of� CALLED 0,6262 RE TRACT MARTIN HOME LLC �LUTIONS CFf! 2021044534RPRJC w e v z LOT 0, BLOCK 17 OAKS ADDITION THE PURPOSE OF THIS PLAT IS TO IDENTIFY THE LOCATION OF A REZONING FROM R--S TO RM—H, &Lrr-vDRzd-- RICHARD F. FAUST REWSIE'RE'0 PROFESSIONAL LAND SURVEYOR NO. 47B2 5URYFNNG RdR�R OSM 10RONM NOD10pa2q-DD SMART MEU PLAT OF A 0,15 ACRE TRACT OUT OF A 0.6282 ACRE TRACT NOAH TEVIS SUURVEY, ABSTRACT 52 BE'AUMONT, JEFFERSON COUNTY, TEXAS ENGINEERING AND SURVEYING, INC. $550 EA41 E%fFdtWAY.f VREO 6EAV11QYf,TE%AS WO umuu.uEe rar uen en.yle euzi-ji!): Request for a Rezoning trom Ii-s (Resluentiai - single -Family Dwelling) to RM-H (Reside iltiple Family --Highest Density) or a more restrictive district. plicant, Kendrick Martin ation: South of 2315 Rusk Street 0 100 200 1 1 1 I Feet