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HomeMy WebLinkAboutORD 08-030 ORDINANCE NO. 08-030 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 THE ZONING OF PROPERTY PRESENTLY ZONED RS (RESIDENTIAL SINGLE FAMILY DWELLING) DISTRICT AND LI (LIGHT INDUSTRIAL) DISTRICT TO PUD (PLANNED UNIT DEVELOPMENT)DISTRICT FOR PROPERTY LOCATED ON THE SOUTH SIDE OF FANNETT ROAD, BETWEEN HIGHWAY 69 AND WALDEN ROAD, 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 30 of the Code of Ordinances of Beaumont, Texas, an J in particular the boundaries of the zoning districts, as indicated upon the Zoning Map of the City of Beaumont, referred to in Section 30-513 thereof, is hereby amended by changing the zoning of property presently zoned RS (Residential Single Family Dwelling) District and LI (Light Industrial) District to PUD (Planned Unit Development) District for prc perty located on the south side of Fannett Road, between Highway 69 and Walden Road, as described in Exhibit "A" and shown on Exhibit "B," and the official zoning map 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 desc-ibed shall be subject to all of the applicable regulations of the underlying zoning district as well as those regulations contained in Chapter 30 of the Code of Ordinances of Beaumont, Texas, as amended. Section 3. That if any section, subsection, sentence, clause or phrase of this ord nance, 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 c rdinance 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 That all ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only.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, up n 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 6 h day of May, 2008. 1 ail - Mayor Becky Ames / W i 1 LEGAL DESCRIPTION FOR ORDINANCE PURPOSES BEING a 264.477 acre tract of land consisting of that certain Elray Family Limited Partnership called 254.613 acre tract of land per deed and called 263.613 acre tract of land per plat, more fully described and recorded in Clerk File No. 9520752 of the Official Public Records of Jefferson County, Texas. Said 264.477 acre tract being situated in the Samuel Stivers Survey, Abstract No. 51 and the James Rowe Survey, Abstract No. 45 of Jefferson County, Texas and is more particularly described as follows: BEGINNING at a 1/2-inch iron rod found for a Northerly Corner of said Elray Family Limited Partnership called 254.613 acre tract of land per deed and called 263.613 acre tract of land per plat, same being the Northeasterly Comer of that certain Catholic Diocese of Beaumont called 1.470 acre tract of land, more fully described in Volume 59, Page 162, of the Deed Records of Jefferson County, Texas, same being in the Southerly right of way line of Highway No. 124 a dedicated public right of way; THENCE North 70 deg. 26 min. 10 see. East along and with a Northerly line of said Elray Family Limited Partnership called 254.613 acre tract of land per deed and called 263.613 acre tract of land per plat, same being the Southerly right of way line of said Highway No. 124, a distance of 1034.98 feet to a 1-1/2-inch iron pipe found for the most Northerly comer of said Elray Family Limited Partnership called 254.613 acre tract of land per deed and called 263.613 acre tract of land per plat, same being the Northwesterly Corner of that certain Elray Family Limited Partnership called 0.450 acre tract of land, more fully described in Clerk Fite No. 2003015259 of the Official Public Records of said County and State; THENCE South 00 deg. 20 min. 14 min. East along and with a Easterly line of said Elray Family Limited Partnership called 254.613 acre tract of land per deed and called 263.613 acre tract of land per plat, same being the Westerly line of said Elray Family Limited Partnership called 0.450 acre tract, a distance of 195.88 feet to a 1/2-inch iron rod found for an interior ell corner of said Elray Family Limited Partnership called 254.613 acre tract of land per deed and called 263.613 acre tract of land per plat, same being the Southwesterly comer of said Elray Family Limited Partnership called 0.450 acre tract; THENCE North 87 deg. 02 min. 53 see. East along and with a Northerly line of said Elray Family Limited Partnership called 254.613 acre tract of land per deed and called 263.613 acre tract of land per plat, same being the Southerly line of said Elray Family Limited Partnership called 0.450 acre tract, a distance of 94.43 feet to a 1/2-inch iron rod found for a Northeasterly corner of said Elray Family Limited Partnership called 254.613 acre tract of land per deed and called 263.613 acre tract of land per plat, same being the Southeasterly corner of said Elray Family Limited Partnership 0.450 acre tract, same being in the Westerly lime of that certain Ingraham Family Limited Partnership called 4.42 acre tract of land, more fully described in Clerk File No. 2001030452 of the Official Public Records of said County and State; EXHIBIT "A" LEGAL DESCRIPTION continued THENCE South 00 deg. 50 min. 56 sec. East along and with a Easterly line of said Elray Family Limited Partnership called 254.613 acre tract of land per deed and called 263.613 acre tract of land per plat, same being the Westerly line of said Ingraham Family Limited Partnership called 4.42 acre tract, a distance of 798.52 feet to a 1/2-inch iron pipe found for an interior ell corner of said Elray Family Limited Partnership called 254.613 acre tract of land per deed and called 263.613 acre tract of land per plat, same being the Southwesterly corner of said Ingraham Family Limited Partnership called 4.42 acre tract; THENCE North 87 deg. 10 min. 13 sec. East along and with a Northerly line of said Elray Family Limited Partnership called 254.613 acre tract of land per deed and called 263.613 acre tract of land per plat, same being the southerly line of said Ingraham Family Limited Partnership called 4.42 acre tract and the Southerly line of the J.W. Bullock Survey, Abstract No. 7, a distance of 2204.12 feet to a concrete monument found for the most Easterly Northeast corner of said Elray Family Limited Partnership called 254.613 acre tract of land per deed and called 263.613 acre tract of land per plat,same being the Northwesterly corner of that certain City of Beaumont called 25 acre tract of land, more fully described in Volume 1666, Page 193 of the Deed Records of said County and State; THENCE South 02 deg. 45 min. 16 sec. East (Reference Bearing) along and with the Easterly line of said Elray Family Limited Partnership called 254.613 acre tract of land per deed and called 263.613 acre tract of land per plat, same being the Westerly line of said City of Beaumont called 25 acre tract, a distance of 2307.31 feet to a concrete monument found for the most Easterly Southeast comer of said Elray Family Limited Partnership called 254.613 acre tract of land per deed and called 263.613 acre tract of land per plat, same being the Southwesterly corner of said City of Beaumont called 25 acre tract, same being in the Northerly line, of that certain William Jr. and Frank Reeves called 5 acre tract of land, more fully described in Volume 583, Page 17 of the Deed Records of said County and State; THENCE South 87 deg. 56 min. 34. sec. West along and with a Southerly line of said Elray Family Limited Partnership called 254.613 acre tract of land per deed and called 263.613 acre tract of land per plat, same being the Northerly line of said William Jr. and Frank Reeves called 5 acre tract, a distance of 187.45 feet to a 1-inch iron pipe found for an interior ell corner of said Elray Family Limited Partnership called 254.613 acre tract of land per deed and called 263.613 acre tract of land per plat, same being the Northwesterly corner of said William Jr. and Frank Reeves called 5 acre tract; THENCE South 02 deg. 40 min. 27 sec. East along and with an Easterly line of said Elray Family Limited Partnership called 254.613 acre tract of land per deed and called 263.613 acre tract of land per plat, same being the Westerly line of said William Jr. and Frank Reeves 5 acre tract, a distance of 333.10 feet to a 1/2-inch iron rod found for a Southeasterly corner of said Elray Family Limited Partnership called 254.613 acre tract of land per deed and called 263,613 acre tract of land per plat, same the Southwesterly comer of said William Jr. and Frank Reeves called 5 acre tract, same being in the Northerly line of that certain Barnett Alvin Greenberg called 5 acre tract of land, more fully described in Film Code No. 103-71-2092 of the Official Public Records of said County and State; LEGAL DESCRIPTION continued THENCE South 87 deg. 19 min. 05 sec. West along and with a Southerly line of said Elray Family Limited Partnership called 254.613 acre tract of land per deed and called 263.613 acre tract.of land per plat, same being the Northerly line of said Barnett Alvin Greenberg called 5 acre tract and that certain Virginia Shelton tract of land, more fully described in Film Code No. 104- 24-2201 of the Official Public Records of said County and state, a distance of 1046.55 feet to a 5/8-inch iron rod marked "Leap Eng." set for and angle point in the Southerly line of said Elray Family Limited Partnership called 254.613 acre tract of land per deed and called 263.613 acre tract of land per plat, same being the Northwesterly corner of said Virginia Shelton Tract, same being the Northeasterly corner of that certain Schindler Estate called 20 acre tract of land; THENCE South 87 deg. 08 mina 07 sec. West along and with a Southerly line of said Elray Family Limited Partnership called 254.613 acre tract of land per deed and called 263.613 acre tract of land per plat, same being the Northerly line of said Schindler Estate called 20 acre tract, a distance of 935.18 feet to a fence post for an interior ell comer of said Elray Family Limited Partnership called 254.613 acre tract of land per deed and called 263.613 acre tract of land per plat, same being the Northwesterly corner of said Schindler Estate called 20 acre tract; THENCE South 02 deg. 40 min. 29 sec. East along and with a Easterly line of said Elray Family Limited Partnership called 254.613 acre tract of land per deed and called 263.613 acre tract of land per plat, same being the Westerly line of said Schindler Estate called 20 acre tract, a distance of 742.00 feet to a 5/8-inch iron rod marked "Leap Eng." set for reference then continuing for a total distance of 1041.66 feet for the most Southerly corner of said Elray Family Limited Partnership called 254.613 acre tract of land per deed and called 263.613 acre tract of land per plat, same being in the Northeasterly line of Hillebrandt Bayou; THENCE in a Northwesterly direction along and with the Westerly line of said Elray Family Limited Partnership called 254.613 acre tract of land per deed and called 263.613 acre tract of land per plat, same being the Northeasterly meanders of said Hillebrndt Bayou the following courses and distances: North 48 deg. 22 min.48 sec. West a distance of 100.06 feet to a point for corner; North 50 deg. 35 min. 51 sec. West a.distance of 137.56 feet to a point for comer; North 50 deg. 55 min. 05 sec. West a distance of 167.67 feet to a point for corner; North 51 deg. 09 min. 51 sec. West a distance of 106.17 feet to a point for comer; North 50 deg. 19 min. 01 see. West a distance of 109.08 feet to a point for comer., North 53 deg. 10 min. 14 sec. West a distance of 168.49 feet to a point for corner; North 51 deg. 32 min. 55 sec. West a distance of 130.18 feet to a point for comer; North 53 deg. 49 min. 15 sec. West a distance of 134.65 feet to a point for comer; North 55:deg. 13 min. 57 sec. West a distance of 125.73 feet to a point for corner; North 56 deg. 27 min. 42 sec. West a distance of 159.72 feet to a point for comer; North 57 deg. 16 min. 29 sec. West a distance of 176.61 feet to a point for corner; North 65 deg. 28 min. 52 sec. West a distance of 119.04 feet to a point for comer; - North 62 deg. 14 min. 33 sec. West a distance of 162.54 feet to a point for corner; North 56 deg. 54 min. 43 sec. West a distance of 98.90 feet to a point for corner; North 43 deg. 27 min. 54 sec. West a distance of 142.81 feet to a point for corner; North 35 deg. 18 min. 17 sec. West a distance of 115.51 feet to a point for corner; North 28 deg. 13 min. 07 sec. West a distance of 134.55 feet to a point for comer; LEGAL DESCRIPTION continued North 22 deg. 14 min. 33 sec. West a distance of 133.02 feet to a point for corner; North 13 deg. 09 min. 40 sec. West a distance of 94.39 feet to a point for corner; North 02 deg. 18 min. 32 sec. West a distance of 154.07 feet to a point for corner; North 08 deg. 30 min. 26 sec. East a distance of 128.47 feet to a point for corner; North 04 deg. 03 min. 41 sec. East a distance of 196.03 feet to a point for comer; North 03 deg. 22 min. 30 sec. West a distance of 64.56 feet to a point for comer; North 05 deg. 19 min. 57 sec. West a distance of 162.76 feet to a point for comer; North 07 deg. 54 min. 41 sec. West a distance of 165.55 feet to a point for corner; North 05 deg. 31 min. 38 sec. West a distance of 174.47 feet to a point for corner; North 02 deg. 36 min. 08 sec. West a distance of 152.16 feet to a point for corner; North 02 deg. 25 min. 12 sec. East a distance of 202.83 feet to a point for corner; North 02 deg. 02 min. 41 sec. West a distance of 114.19 feet to a point for corner; North 02 deg. 19 min. 04 sec. East a distance of 111.69 feet to a.point for corner; North 02 deg. 23 min. 18 sec. West a distance of 214.38 feet to a point for corner in the Easterly line of said Hillebrandt Bayou, same being the Southwesterly corner of that certain Harry and Mirza Coussou called 1.728 acre tract of land, more fully described in Volume 1349, Page 266 of the Deed Records of said County and State; THENCE North 89 deg. 28 min. 58 sec. East along and with a Northerly line of said Elray Family Limited Partnership called 254.613 acre tract of land per deed and called 263.613 acre tract of land per plat, same being the Southerly line of said Harry and Mirza Coussou called 1.728 acre tract, a distance of 255.14 feet to a 1/2-inch iron rod found for reference then continuing for a total distance of 300.00 feet to a 1/2-inch iron rod found for an interior ell corner of said Elray Family Limited Partnership called 254.613 acre tract of land per deed and called 263.613 acre tract of land per plat, same being the Southeasterly corner of said Harry and Mirza Coussou called 1.728 acre tract; THENCE North 00 deg. 32 min. 06 sec. West along and with a Westerly line of said Elray Family Limited Partnership called 254.613 acre tract of land per deed and called 263.613 acre tract of land per plat, same being the Easterly line of said Harry and Mirza Coussou called 1.728 acre tract, a distance of 260.02 feet to a 1/2-inch iron rod found for a Northeasterly corner of said Elray Family Limited Partnership called 254.613 acre tract of land per deed and called 263.613 acre tract of land per plat, same being the Northeasterly corner of said Harry and Mirza Coussou called 1.728 acre tract, same being in the Southerly line of that certain Harry and Mirza Coussou called 0.500 acre tract of land, more fully described in Film Code No. 104-53-1374 of the Official Public Records of said County and State; THENCE North 87 deg. 55 min. 37 sec. East along and with a Northerly Dine of said Elray Family Limited Partnership called 254.613 acre tract of land per deed and called 263.613 acre tract of land per plat, same being the Southerly line of said Harry and Mirza Coussou called 0.500 acre tract, a distance of 107.94 feet to a 1/2-inch iron rod found for and interior ell comer of said Elray Family Limited Partnership called 254.613 acre tract of land per deed and called 263.613 acre tract of land per plat, same being the Southeast corner of said 'Harry and Mirza Coussou called 0.500 acre tract; LEGAL DESCRIPTION continued THENCE North 06 deg. 36 min. 13 sec. West along and with a Westerly line of said Elray Family Limited Partnership called 254.613 acre tract of land per deed and called 263.613 acre tract of land per plat, same being the Easterly line of said Harry and Mirza Coussou called 0.500 acre tract, a distance of 44.82 feet to a 1/2-inch iron rod found for a Northwesterly corner of said Elray Family Limited Partnership called 254.613 acre tract of land per deed and called 263.613 acre tract of land per plat, same being the Southwesterly corner of that certain Robert and Edna Ward called 0.623 acre tract of land,more fully described in Volume 1325, Page 106 of the Deed Records of said County and State; THENCE North 55 deg. 23 min. 14 sec. East along and with a Northerly line of said Elray Family Limited Partnership called 254.613 acre tract of land per deed and called 263.613 acre tract of land per plat, same being the Southerly line of said Robert and Edna Ward called 0.623 acre tract, a distance of 147.87 feet to a 1/2-inch iron rod found for a Northerly corner of said Elray Family Limited Partnership called 254.613 acre tract of land per deed and called 263.613 ace tract of land per plat, same being the Westerly corner of that certain Broussard's Mortuary, Inc. called 0.408 acre tract of land, more fully described in Clerk File No. 2005034661 of the Official Public Records of said County and State; THENCE South 34 deg. 3 min. 00 sec. East along and with a Northeasterly line of said Elray Family Limited Partnership called 254.613 acre tract of land per deed and called 263.613 acre tract of land per plat, same being the Southwesterly line of said Broussard's Mortuary Inc. called 0.408 acre tract, a distance of 118.53 feet to a 1/2-inch iron rod found for an interior ell corner of said Elray Family Limited Partnership called 254.613 acre tract of land per deed and called 263.613 acre tract of land per plat, same being the Southerly corner of said Broussard's Mortuary Inc. called 0.408 acre tract; THENCE North 59 deg. 10 min. fly sec. East along and with a Northwesterly line of said Elray Family Limited Partnership called 254.613 acre tract of land per deed and called 263.613 acre tract of land per plat, same being the Southeasterly line of said Broussard's Mortuary Inc. called 0.408 acre tract, a distance of 138.71 feet to a 5/8-inch iron rod marked "Leap Eng." set for a Northerly corner of said Elray Family Limited Partnership called 254.613 acre tract of land per deed and called 263.613 acre tract of land per plat, same being the Easterly corner of said Broussard's Mortuary Inc. called 0.408 acre tract, same being in the Southwesterly right of way line of Stivers Road a dedicated public right of way; THENCE South 29 deg. 33 min. 24 sec. East along and with a Northeasterly line of said Elray Family Limited Partnership called 254.613 acre tract of land per deed and called 263.613 acre tract of land per plat, same being the Southwesterly right of way line of Stivers Road, a distance of 62.27 feet to a 5/8-inch iron rod "Leap Eng." set for the beginning of a curve to the left having a radius of 15.00 feet and a delta angle of 46 deg. 22 min. 17 sec.; THENCE in a Southeasterly direction along and with said curve a chord bearing of South 24 deg. 27 min 12 sec. East an are distance of 12.14 feet to a 5/8-inch iron rod marked"Leap Eng." set for the PT of said curve and the beginning of a curve to the right having a radius of 40.00 feet and a delta angle of 53 deg. 30 min. 00 sec.; LEGAL DESCRIPTION continued THENCE in a Southeasterly direction along and with said curve a chord bearing of South 28 deg. 01 min. 04 sec. East an arc distance of 37.35 feet to a 1/2-inch iron rod found for a Easterly comer of said Elray Family Limited Partnership called 254.613 acre tract of lend per deed and called 263.613 acre tract of land per plat, same being the Northwesterly cornor of that certain Margaret Hebert Callaway called 1.596 acre tract of land, more fully described'n Volume 2054, Page 33 of the Deed records of said County and State; THENCE South 12 deg. 19 min. 42 sec. West along and with a Easterly line of said Elray Family Limited Partnership called 254.613 acre tract of land per deed and called 263.613 acre tract of land per plat, same being the Westerly line of said Margaret Hebert',Callaway called 1.596 acre tract, a distance of 395.36 feet to a 1/2-inch iron rod found for an intorior ell corner of said Elray Family Limited Partnership called 254.613 acre tract of land per deed and called 263.613 acre tract of land per plat, same being the Southwesterly corner of said: Hebert Callaway called 1.596 acre tract; THENCE North 87 deg. 17 min. 48 sec. East along and with a Northerly the of said Elray Family Limited Partnership called 254.613 acre tract of land per deed and called 263.613 acre tract of land per plat, same being the Southerly line of said Margaret Hebert,Callaway called 1.596 acre tract, a distance of 262.48 feet to a metal post in concrete found �or an interior ell corner of said Elray Family Limited Partnership called 254.613 acre tract of lend per deed and called 263.613 acre tract of land per plat, same being the Southeasterly corner iof said Margaret Hebert Callaway called 1.596 acre tract; THENCE North 01 deg. 21 min. 54 sec. West along and with a Westerly line of said Elray Family Limited Partnership called 254.613 acre tract of land per deed and called 263.613 acre tract of land per plat, same being the Easterly line of said Margaret Hebert Callaway called 1.596 acre tract, a distance of 299.32 feet to a metal post in concrete found for an angle point of said Elray Family Limited Partnership called 254.613 acre tract of land per deed artd called 263.613 acre tract of land per plat, same being the Northwesterly corner of said Margaret Hebert Callaway called 1.596 acre tract; THENCE North 32 deg. 02 min. 34 sec. West along and with a Westerly line of said Elray Family Limited Partnership called 254.613 acre tract of land per deed and called 263.613 acre tract of land per plat, same being the Northeasterly line of said Margaret Hebert Callaway called 1.596 acre tract, a distance of 135.88 feet to a metal post in concrete found for*Westerly comer of said Elray Family Limited Partnership called 254.613 acre tract of land per deed and called 263.613 acre tract of land per plat, same being the Northerly Comer of said (Margaret Hebert Callaway called 1.596 acre tract, same being in the Easterly right of way line of Stivers Road, same being the Southwesterly comer of said Catholic Diocese of Beaumont called 1.470 acre tract; LEGAL DESCRIPTION continued THENCE North 56 deg. 27 min. 55 sec. East along and with a Northerly line of said Elray Family Limited Partnership called 254.613 acre tract of land per deed and called 263.613 acre tract of land per plat, same being the Southerly line of said Catholic Diocese of Beaumont called 1.470 acre tract, a distance of 104.42 feet to a 1/2-inch iron rod found for an interior corner of said Elray Family Limited Partnership called 254.613 acre tract of land per deed and called 263.613 acre tract of land per plat, same being the Southeasterly corner of said Catholic Diocese of Beaumont called 1.470 acre tract; THENCE North 33 deg. 17 min. 39 sec. West and with the a Westerly line of said Elray Family Limited Partnership called 254.613 acre tract of land per deed and called 263.613 acre tract of land per plat, same being the Easterly line of said Catholic Diocese of Beaumont called 1.470 acre tract, a distance of 583.31 feet to the PLACE OF BEGINNING, containing 264.477 acres of land, more or less. ile 1943-4 Request for a zone change from RS(Residential Single Family D,ovelling) and Ll (Light Industrial)Districts to PUD (Planned Unit Development) District. cation: South side of Fannett Road, between Highway 69 and Walden Road pplicant: Leonard Kirtman for Global Ventures 0 800 1,600 I I I Feet A-R Legend U U ® 1943Z z v ,moo U Q G M7 L ,C- tD `J U LEI R-S gE D CiR pgR(MEVN DR, R-S R_S ROBERTS RD r a R-S R-S COMBS s -S EMERP3-D DR EXHIBIT "B"