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HomeMy WebLinkAboutORD 81-27 INTER-OFFICE -MEMORANDUM CITY OF BEAUMONT, TEXAS a Date April 30, 1981 To Mayor and City Council From: George A. Phair, Assistant City Attorney Subject: Item No. 2, Regular Session of the City Council April. 28, 1981; Zone Change and Specific Use Permit for Two Radio Towers; F. Bigner Survey COMMENT: At the Council meeting on April 28, 1981, the Council considered a zone change request from "RS" to "RCR" for a 40-acre tract of land near Nelkin Lane and Bigner Road as well as a specific use permit for the construction of two radio towers on a 15-acre portion of such tract. The ordinance, prepared at the instruction of the Planning Department, described the 15-acre tract by metes and bounds and did not describe any drive-ways or access from Karlette Lane through Lot 38, Block 8, of the Home Addition onto the tract in question. In addition, the statutory notice published in the newspaper of this public hearing as well 'as the earlier hearing before the Planning and Zoning Commission, advertised a proposed change in zoning from "RS" to "RCR" of a 40-acre tract when it fact, the existing zoning of the 40-acre tract is not "RS" but is "R-3" . Therefore, the notice should have advertised a proposed zone change from "R-3" and "RS" (for the Home Addition lot) to "RCR" . In addition the notice did not describe any part of the Home Addition as involved in the application so that even if the first notice defect had not occurred, the ordinance would not have authorized a specific Mayor & City Council April 30, 1981 Page 2 use permit for a road across any part of the Home Addition. These omissions and failures of the notice requirement effectively void the ordinance as a matter of law. The remedy for the applicants, in order to obtain a valid zone change including access through the Home Addition, is to reapply for the zone change from "RS" to "RCR" for Lot 38, Block 8, of the Home Addition and for "R-3" to "RCR" for the 40-acre tract, and for a specific use permit for the 40-acre tract allowing the construction of the radio towers. The site plan which would be part of the application and ultimately part of the ordinance would depict, ( 1) 15-acres where the radio towers would be constructed, ( 2 ) the remainder of the 40-acre tract forming the perimeter as a natural preserve, (3 ) the concrete driveway leading from the 15-acre radio tower site to Karlette Street through Block 38, and (4 ) any fencing requirement which the Council might impose. This entire corrective action must go through the Planning and Zoning Commission and then to the City Council in the normal course so as to remedy the original defect in the notice. George A.W Ph air GP:ld cc: Ray Riley , City Manager Bruce McClenden, Planning Director ,-'Myrtle Corgey, City Clerk ORDINANCE NO. & ? ' ENTITLED AN ORDINANCE AMENDING CHAPTER 30 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 A 40.0 ACRE TRACT OUT OF THE F. BIGNER SURVEY, BEAUMONT, JEFFERSON COUNTY, TEXAS, AS HEREINAFTER DESCRIBED, PRESENTLY ZONED "R-3" (MODIFIED TWO-FAMILY AND MULTIPLE DWELLING DISTRICT) TO "RCR" (RESIDENTIAL CONSERVATION AND REVITALI- ZATION DISTRICT) ; PROVIDING FOR A SPECIFIC USE PERMIT; IMPOSING CONDITIONS; PROVIDING FOR SEVERABILITY; AND PROVIDING A PENALTY. WHEREAS, on April 6, 1981, the Planning and Zoning Commission of the City of Beaumont recommended a change in zoning of a. 40-acre tract of land, hereinafter described currently zoned "R-3" (Modified Two-Family and Multiple Dwelling District) to "RCR" (Residential Conservation and Revitalization District) ; and, WHEREAS, on said date, the Planning and Zoning Commission of the City of Beaumont additionally recommended the issuance of a specific; use permit to Albert Lombardo, and his heirs, representatives, successors, and assigns for the construction, of two radio transmission towers upon a 15. 018 acre tract of land hereinafter described, said 15.018 acre tract being a part and parcel out of said 40-acre tract; and, WHEREAS, the City Council is of the opinion that the zoning change and the issuance of a specific use permit, subject to the hereinafter described conditions, are 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: Section 1. That Chapter 30 of the Code of Ordinances of Beaumont, Texas, and in particularly the boundaries of the zoning district as indicated upon the zoning map of the City of Beaumont referred to in Section 30-5B thereof, is hereby amended by changing the zoning classification of a 40--acre tract of land described in Exhibit "A" attached hereto and made a part hereof, presently zoned "R-3" (Modified Two-Family and Multiple Dwelling District) to "RCR" (Residential Conservation and Revitalization District) and the official zoning map of the City of Beaumont is hereby amended to reflect such changes. Section 2. That a specific use permit for the construction of two radio transmission towers in accordance with Section 30-26 and Section 30-40 of the Code of Ordinances of the City of Beaumont, as amended, be granted to Albert Lombardo, his heirs, legal representatives, successors, and assigns for that certain 15-acre tract of land described in Exhibit "B" attached hereto and made a part hereof for all purposes. Section 3. That this specific use permit herein granted is expressly issued for and in accordance with each particular and detail of that certain site plan dated December 20, 1979, which site plan is attached hereto as Exhibit "C" and made a part hereof for all purposes. Section 4. That in all other respects the use of the property hereinabove described shall be subject to all of the applicable regulations contained in Chapter 30 of the Code of Ordinances of Beaumont, Texas as amended. Section 5. That if any section, subsection, sentence, clause or 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 6. Any person who violates any provision of this ordinance shall, upon conviction, be punished as provided in Section 1-8 of the Code of Ordinances of Beaumont, Texas. PASSED BY THE CITY COUNCIL of the City of Beaumont this the day of , 1981 . - Mayor - J. 1-10WELL 1"11C. 10 NOY111, silile 105 sional cj%j) 1-11s�jncer Bc;1111"On1. Texas 77707 Rcris1cl-cd Public Surveyor (7 13) 835-3445 - December 211 1979 EXHIBIT A: BEING A 40 . 000 acre tract of land out of a 63 . 62 acre tract of land located in the F. Bigner Survey, Abstract 1 in Beau- mont ) Jefferson County, Texas . BEGINNING at a 1/2 inch rod in the North line of the F. Bigner Survey, said point being the Northwest corner of an 80 acre tract described by a deed recorded in Volume 159 , Pages 531- 537 of the Deed Records Of Jefferson County, Texas , said point lying North 890 59 ' Vest , 765 . 0 feet and North 890 451 West , 816 . 3 feet from a finch Pipe marking the Southeast corner of Block 72 of the Beaumont Improvement Company Subdivision and being in the West line of Bigner Road ; THENCE from said beginning point South 010 04 ' East alhg the West line of the herein described 40 . 000 acre tract and the 63 . 62 acre tract , 1252 . 24 feet to an iron rod for corner ; THENCE East along the South line of the said 40 . 000 acre tract 1075 . 10 feet to an iron rod for corner located in a South- easterly line of the 63 . 62 acre tract and in the Northwest line Of Unit 2 of Pinebrook Place Addition to the City.:,-of Beaumont; THENCE North 350 24 ' East , 10 . 92 feet along the Northwest line of Unit 2 of said addition to a concrete monument for corner * THENCE South 73' 071 East , 318 . 48 feet along the North line of Unit 2 to an iron rod for corner , being located in the West line of a 30 foot drainage easement recorded in Volume 1509 , Page 59 , Deed Records of Jefferson County, said corner being the Southeast corner of the 40 . 000 acre tract herein described ; THENCE North I' 00 , west along the East line of the 40 . 000 acre tract and the West line of said drainage easement , 1332 . 10 feet to an iron rod marking the Northeast corner of the 40 , 000 acre tract , being located in the South line of Block 72 of the Beaumont Improvement Company Subdivision and the North line of the F. Bigner Survey; EXHIBIT "All Page Two December 21 , 1979 THENCE North 89° 59 ' West 569 . 9.7 feet along the North line of the F . Bigner Survey and the North line of the 40 . 000 acre tract to an iron rod at the Southwest corner of Lot 72 of the Beaumont Improvement Company Subdivision ; THENCE North 89° 45 ' West continuing along the North line of the F. Bigner Survey and the North line of the 40 . 000 acre tract 816 . 3 feet to the PLACE OF BEGINNING, containing in area 40 . 000 acres of land , more or less . t SAVE AND EXCEPT the portions of said 40. 000 acre tract that are within ( 1 ) the 15. 018 acre tract of land described in Exhibit B attached hereto and ( 2 ) the 0. 2765 acre tract described in Exhibit C attached hereto. 2 07 2. BILL' J. HOWELL Consulting Engineer Regents Park Registered Professional Civil Engineer + 8.5 Interstate 10 North, Suite 105 Registered Public Surveyor Beaumont,Texas 77707 (7 13) 835-3445 A 15 . 018 ACRE TRACT OUT OF THE - F. BIGNER SURVEY, ABSTRACT 1 BEAUMONT , JEFFERSON COUNTY, TEXAS EXHIBIT B: BEING a 15 . 018 acre tract of land out of a 63 . 62 acre tract of land located in the F. Bigner Survey, Abstract 1 , in Beaumont , Jefferson County , Texas . COMMENCING at a one (1) inch pipe in the North line of the F . Bigner Survey, said pipe also being the Southeast corner of Block 72 of the Beaumont Improvement Company Subdivision and being in the West line of Bigner Road ; THENCE NORTH 890 S9 ' WEST along the North line of the F. Bigner Survey a distance of 385 . 98 feet to a point ; THENCE SOUTH a distance of 199 . 85 feet to the PLACE OF BEGINNING and Northeast corner of the herein described tract ; THENCE continuing SOUTH a distance of 848 . 50 feet to a point'►for the southeast corner of the herein described tract ; _ THENCE WEST a distance of 771 . 00 feet to a point for the southwest corner of the herein described tract ; THENCE NORTH a distance of 848 . 50 feet to point for the northwest corner of the herein described tract ; THENCE EAST a distance of 771 . 00 feet to the PLACE OF BEGINNING of the herein described tract containing 15 . 018 acres of land more or less. is- EXHIBIT "B"