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HomeMy WebLinkAboutORD 03-072 ORDINANCE NO. 03-072 ENTITLEDAN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A RETAIL BUSINESS AND RELATED PARKING AND SERVICE DRIVES IN A GC-MD-2 (GENERAL COMMERCIAL- MULTIPLE FAMILY DWELLING-2) DISTRICT LOCATED AT THE NORTHWEST CORNER OF DOWLEN ROAD AND DELAWARE STREET IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS, the City Council for the City of Beaumont desires to issue a specific use permit to Adams Consulting Engineers to allow a retail business and related parking and service drives in a GC-MD-2 (General Commercial-Multiple Family Dwelling-2)District located at the northwest corner of Dowlen Road and Delaware Street as shown on Exhibits "A," and "B" attached hereto; and, WHEREAS,the City Council is of the opinion that the issuance of such specific use permit is in the best interest of the City of Beaumont and its citizens, subject to the hereinafter described conditions; NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That a specific use permit to allow a retail business and related parking and service drives in a GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District located at the northwest corner of Dowlen Road and Delaware Street as shown on Exhibits "A" and "B" attached hereto, is hereby granted to Adams Consulting Engineers, their legal representatives, successors and assigns, subject to the following conditions: ► Provide a minimum of a 10' foot landscape buffer along the south 340' ± of the west property line. ► The major tenant building not to exceed one story in height. ► Permitted uses be restricted to SIC Codes 56 and 57. ► All ingress and egress of 18-wheeler traffic be limited to the west side of the property. ► Lighting be controlled downlighting. 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 "C" 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 30 of the Code of Ordinances of Beaumont, Texas, as amended. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 23 d day of September, 2003. - Mayor &elyn M. Lord - LEGAL DESCRIPTION FOR ORDINANCE PURPOSES BEING a 11.3598 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 that certain called 680.66 acre tract called "Second Tract" as conveyed by Treadaway Land Company et al. to Yount-Lee Oil Company as recorded in Volume 374, Page 113, Deed Records, Jefferson County, Texas and also being out of and part of that certain called 40.5391 acre tract of land as conveyed by Amoco Production Company to Dowdel Investments, Ltd. as recorded in Clerk's File No. 1999047799, Official Public Records of Real Property, Jefferson County, Texas, said 11.3598 acre tract being more particularly described as follows: NOTE: All bearings are based on the North line of that certain called 62.615 acre tract, identified as Parcel #5, as recorded in Judgement Deed Number D-105,161 as recorded in Volume 2214, Page 318, Deed Records, Jefferson County, Texas. COMMENCING at a 5/8" iron rod found for the Northeast corner of the above referenced 40.5391 acre Dowdel Investments, Ltd. tract, said corner also being the Southeast corner of Barrington Heights, Phase I, a subdivision of the City of Beaumont, Jefferson County, Texas, according to the map or plat thereof, recorded in Volume 15, Page 348, Map Records, Jefferson County, Texas and also being the Northeast corner of that certain called 1.1364 acre tract of land, identified as TRACT I, as described in a "General Warranty Deed with Lien in Favor of Third Party" from Bryan Lee to Dowlen Road Times Square, LTD. as recorded in Clerk's File No. 2002047207, Official Public Records of Real Property, Jefferson County, Texas and also being in the West right-of-way line of Dowlen Road(based on a width of 100 feet); THENCE SOUTH 88 036'07" WEST, along and with the South line of the said Barrington Heights, Phase I and the North line of the said 40.5391 acre Dowdel Investments, Ltd. tract and the North line of the said 1.1364 acre Dowlen Road Times Square, LTD. tract, for a distance of 225.00 feet to a 5/8" iron rod with a cap stamped "RPLS 3636" found for the Northeast corner and the POINT OF BEGINNING of the tract herein described, said corner also being the Northwest corner of the said 1.1364 acre Dowlen Road Times Square, LTD. tract; THENCE SOUTH 01 024'09" EAST, parallel to the West right-of-way line of Dowlen Road and along and with the West line of the said 1.1364 acre Dowlen Road Times Square, LTD. tract, for a distance of 220.02 feet a scribed "X" in concrete set for the Southwest corner of the said 1.1364 acre Dowlen Road Times Square, LTD. tract and the Northwest corner of that certain called 1.7932 acre tract of land as described in a "Special Warranty Deed with Vendor's Lien" from Dowdel Investments, Ltd. to 1920 Holdings, Ltd. as recorded in Clerk's File No. 2002024358, Official Public Records of Real Property, Jefferson County, Texas; THENCE NORTH 88 035'51" EAST, perpendicular to the West right-of-way line of Dowlen - Road, for a distance of 24.00 feet to a point for corner; EXHIBIT "A' LEGAL DESCRIPTION continued THENCE SOUTH O1 024'09" EAST, parallel to the West right-of-way line of Dowlen Road, for a distance of 563.10 feet to a,point for corner; THENCE SOUTH 88 036'07" WEST, for a distance of 451.08 feet to a point for corner; THENCE SOUTH O1 023'48"EAST, for a distance of 580.46 feet to a point for corner; THENCE SOUTH 88 051'41"'WEST, for a distance of 100.00 feet to a 5/8" iron rod with a cap stamped "RPLS 3636" set for corner, said corner being an interior ell corner of the said 40.5391 acre Dowdel Investments, Ltd. tract and the Southeast corner of Barrington Heights, Phase IV, a subdivision of the City of Beaumont, Jefferson County, Texas, according to the map or plat thereof,recorded in Volume 16,Page 400, Map Records, Jefferson County, Texas; THENCE NORTH O1 023'48" WEST, along and with the West line of the said 40.5391 acre Dowdel Investments, Ltd. tract and the East line of the said Barrington Heights, Phase IV, and the East line of Barrington Heights, Phase II, a subdivision of the City of Beaumont, Jefferson County, Texas, according to the map or plat thereof, recorded in Volume 16, Page 99, Map Records, Jefferson County, Texas for a distance of 1363.13 feet to a 5/8" iron rod found for corner, said corner being the Northeast corner of the said Barrington Heights, Phase II and the Northwest corner of the said 40.5391 acre Dowdel Investments, Ltd. tract and also being in the South line of the said Barrington Heights, Phase I; THENCE NORTH 88 036'07" EAST, along and with the South line of the said Barrington Heights, Phase I and the North line of the said 40.5391 acre Dowdel Investments, Ltd. tract, for a distance of 575.00 feet to the POINT OF BEGINNING and containing 11.3598 ACRES, more or less. NORTH FIE 1684-P: Request for a specific use permit to allow a retail business and related - Punag and servimm drives in a GC-MD-2 (General Commercial- Multiple Family A Dwding-2) District. SCALE Lection: Northwest corner of Dowlen Road and Delaware St. N.T.S. -"dcant: Ada=s Consulting Engineers,Inc. A R . i RM-H- .*.. - . Y.M.C.A. .- PUD OFFICE R-S COMPLEX CHURCH 4T/ GC-U -2 J_ Z O Q GC-MD OELAVARE FUMAE DELAWARE R S COMMERCIAL EXHIBIT "B" GRAPHIC SCALE ( 0 200 400 600 FEET 4 � 1 I I I�IQMS(0'OM(0-[w1 10-OMw WOSCAPE NFOMMEM15 la 1M Of d 0lawno k M lax 4 rwwr !Hr KMf MID IYISIMIG M/dl 1.17.4 a AR 0 a'xlpl 8000 IAJJ•a•rK[(Mx0[R a:Mx. vwxn.ID ( 1ltr.c rxr Pow 4u�ct' 'I1rrDrR2 rwaralJH t-a-.! .._ c YCIIOM30 31 I.M 5CAPC MOMiNENIS :ARJ(I. 11 Irwx! rwrw KM! I 7 a .r.r I .r - •! '^'r , . . ! n Po".,lwmcap�r�9 artl YrRCrwq Sc ((2) A rwdrmxe d W(1)CM1!A Irn M In(7)Cl..8 U_Noe i !! 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N / APART Of SP£Clfi .. .r .._�---_---_f- O ' -------- ___-- -____-' _ _ _ -- __------_ PfRMl7 APPLICATION .. DOWL EN RDAD_y- .c :-:..a i RROroJrD x[.a ------r _. x-__ _� _�. -� DOWL EN RGNO�_ ._ .. !KL IAhCXIC W. H.E. BUTT GROCERY COMPAN' X r SEA UMONTr TEXAS = S.U.P. SITE PLAN p *Approval subject to providing a minimum of a 10'wide landscape buffer along the south 340'+of the west ------A C wm EwANEm -1 property line that the major tenant building not exceed one story in height,permitted uses be restricted to CNk-e4wa4r Mtru ENIGNEM a00 Mwe,Or1r.a" •@"NO.Tref 2a 001C Code 56 and 57,all ingress and egress of 18 wheeler traffic be limited to the.west side of the property and lighting be controlled downlighting. i ey CNfCKfD JoB ND. Oa.f j1 g'a. W.1-I-V 1 8120 10J