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Home My WebLink AboutORD 07-098 ORDINANCE NO. 07-098 ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW RETAIL MERCHANDISE SALES IN A GC- MD-2 (GENERAL COMMERCIAL-MULTIPLE FAMILY DWELLING-2) DISTRICT LOCATED AT 7130 EASTEX FREEWAY, BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS, the City Council for the City of Beaumont desires to issue a specific use permit to Academy Sports & Outdoors to allow retail merchandise sales in a GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District located at 7130 Eastex Freeway, as described in Exhibit "A" and shown on Exhibit "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 retail merchandise sales in a GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District located at 7130 Eastex Freeway, as described in Exhibit"A"and shown on Exhibit"B"attached hereto and made a part hereof for all purposes, is hereby granted to Academy Sports & Outdoors, its legal representatives, successors and assigns, subject to the hereinafter described conditions: • No truck access to Concord Road with the installation of the appropriate height limiting devices to ensure that only passenger vehicles can access the single driveway that would be allowed on the north; • Provide a 20 foot vegetative screen along Concord Road with sufficient density to limit noise and vehicular lights; and • Directing lighting away from Concord Road. 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 25th day of September, 2007. May Becky Ames - r t� lJMp �1�1 LEGAL DESCRIPTION FOR ORDINANCE PURPOSES An 0.4943 acre (21,532 square foot) tract of land in ZONE GC-MD-2 in the Thomas Spear League,Abstract Number 50,Beaumont,Jefferson County,Texas,said 0.4943 acre tract being out of the 10.604 acre tract and more particularly described as follows (bearings based on the southwesterly line) called North 47 degrees 00 minutes 20 seconds West; COMMENCING at a %2-inch iron rod with"Fittz& Shipman"cap found at the intersection of the north right-of-way line of State Highway 105 (variable width)and the northeasterly right- of-way line of U.S. Highway 69 (also called Highway 96 and Highway 287,variable width); THENCE,North 47 degrees 00 minutes 20 seconds West,a distance of 177.00 feet,along the northeasterly right-of-way line of said U.S.Highway 69,to a 5/8-inch iron rod with"CLR"cap set for a corner of said called 10.604 acre tract; POINT OF BEGINNING hereof; THENCE,North 47 degrees 00 minutes 20 seconds West,a distance of 297.59 feet,continuing along the northeasterly right-of-way line of said U.S. Highway 69, to a 5/8-inch iron rod for a corner of said 10.604 acre tract; THENCE North 32 degrees 03 minutes 50 seconds East,leaving the northeasterly right-of-way line of said U. S. Highway 69, at a distance of 282.26 feet, pass a %-iron rod with "Fittz & Shipman" cap, at a distance of 331.39 feet,pass a ''/2-iron rod and continue in all a distance of 722.07 feet a 5/8-iron rod with"M. W.Whiteley"cap found in the northwesterly right-of-way line of Concord Road(also known as Voth Road)to a corner of and POINT OF BEGINNING of a 25'wide area of ZONE GC-MD-2 parallel to and abutting the southerly line of CONCORD ROAD; THENCE, along the southwesterly right-of-way line of said Concord Road and the northeasterly line of said 10.604 acre tract, as follows: South 50 degrees 22 minutes 17 seconds East, a distance of 292.31 feet, to a ''/z-inch iron rod found for the most easterly corner of said called 2.2740 acre tract,the most northerly corner of said called 0.4617 acre tract, and an angle point in the southwesterly right-of-way line of said Concord Road; South 49 degrees 46 minutes 33 seconds East,at a distance of 99.92 feet,pass a 1-inch iron rod found for the east corner of said called 0.4617 acre tract and the north corner of said called 0.493 acre tract, at a distance of 207.41 feet, pass a 1-1/4 inch iron pipe found for the east corner of said called 0.493 acre tract and the north corner of said called 0.715 acre tract, at a distance of 369.89 feet,pass a 1-inch rod pipe found for the east corner of said called 0.715 acre tract and the north corner of said called 0.335 acre tract,at a distance of 461.32 feet,pass a 5/8 inch iron rod found for the east corner of said called 0.335 acre tract and the north corner of the residue of said called 1 acre tract, and continuing in all a distance of 571.37 feet,to a 5/8 inch iron rod found for the north corner of a called 1-1/2 acre tract of land described in a deed from James T. Gore, et ux,to Garland Steve Westmoreland, as recorded in Volume 636, Page 324, EXHIBIT "A" LEGAL DESCRIPTION continued of the Jefferson County Deed Records,the east corner of the residue of said called 1 acre tract, and the most easterly corner hereof, THENCE, South 43 degrees 00 minutes 24 seconds West,a distance of 25.03 feet,leaving the southwest right-of-way line of said Concord Road,to a corner of said 25-foot zone GC-MD-2 area; THENCE,along a line parallel to and 25 feet southerly of the southwesterly right-of-way line of said CONCORD ROAD, as follows: North 49 degrees 46 minutes 33 seconds West, a distance of 570.03 feet to an angle point; North 50 degrees 22 minutes 17 seconds West, a distance of 288.86 feet to a corner, THENCE, North 32 degrees 03 minutes 50 seconds East, a distance of 25.22 feet, along the northwest line of said 10.604 acre tract, to the POINT OF BEGINNING and containing a computed area of 0.4943 acres (21, 532) square feet of land being in ZONE GC-MD-2. File 1905-P: Request for a specific use permit to allow retail merchandise sales in a GC- 2 (General Commercial-Multiple Family Dwelling) District. Location: 7130 Eastex Freeway pphcant: Carl Penland 0 100 200 300 400 Feet �o Legend 9,9 ® 1905P R- c°tio o,�o� o0 o S -MD HWY 105 y ys � os R ROSEDA►LE DR Exhibit "B" PRINTED wR eoMra Rs/14m sox e[nOr R./M/OT issu[R rdl Iarr m/iT/o> Issue ran ro o1/a/R1 issuR rpi cexsr2ucnRR .nTynn>»»tn»rr>n»>ra.s»�, .. ./ A e>/a./oT srcmc utt>drr a.Inawx REVISIONS A ~•A'>y >0. 00e0q irGPAO ZOeNGM1 Ierw x.ti •�� w..w 1 ! � � s e¢rm- mraPl� .eu.. voea I I•� I SPORTS A OUTDOORS ' GRM 19TO—R�RLLLRNGwT ''"► / 4a�rr.W-W TALL AT W-W Cf STQS A D �` Iw i ear -- 1 4SO'TALL AT DfW C 3a TAL11TgCAL AT FRCW CF STORE 1� fll ----- °°° �� _ PAQ GPP�DLPM4OV�®O J49 —DETENTION POND—�p X r AOCMSSBE PAWQ R201AM 9 ,f AOOeSSELE PAOZJG PROVO®9 9Rg11t1E PQIHD NCGq[GQt ST6'FBI$ OVERAt SM 6 A�PPPRO%Ob0 ACRES 7 1 —t �p lI 11 l I Axw ms,W. e N I I I I 11 411 11 ; / ■.rc.o V I �_.—_ , a s s ! I �', 117 a.•.uf 7A. 0 sow ova� ,�1a 'O f 6z. . Academ •�•.•~ .•T••••••...• -- `' 71]0 tASr m mttrAr w ��.......,_.._ .Q... °°-.3-- ✓fig/ �alwaT.Tx 77m A>e> Y� ..y.. rr Ny .�•� ///////� sil.Plan x *Approval subject to the following conditions: 1. No direct access to Concord Road. roT t 2. Provide a vegetative screen along Concord Road. 1 �e„<r 3. Direct lighting away from Concord Road. AI.I w° '° ^'