HomeMy WebLinkAboutORD 08-098 ORDINANCE NO. 08-098
ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE
PERMIT TO ALLOW RETAIL AND GENERAL OFFICE USES
AND APARTMENTS IN A PUD (PLANNED UNIT
DEVELOPMENT)DISTRICT FOR PROPERTY LOCATED ON
THE WEST SIDE OF NORTH MAJOR DRIVE BETWEEN
THE LNVA CANAL AND PERL ROAD IN THE CITY OF
BEAUMONT, JEFFERSON COUNTY, TEXAS.
WHEREAS,the City Council forthe City of Beaumont desires to issue a specific use
permit to Global Ventures, Inc., to allow retail and general office uses and apartments in
a PUD (Planned Unit Development) District for property located on the west side of North
Major Drive between the LNVA Canal and Perl Road, 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 hereinafter
described condition.
NOW, THEREFORE, BE IT ORDAINED BY THE
CITY OF BEAUMONT:
Section 1.
That a specific use permit to allow retail and general office uses and apartments
in a PUD (Planned Unit Development) District for property located on the west side of
North Major Drive between the LNVA Canal and Perl Road, as described in Exhibit"A"and
shown on Exhibit "B" attached hereto and made a part hereof for all purposes, is hereby
granted to Global Ventures, Inc., its legal representatives, successors and assigns subject
to the following condition:
• Future phases will require that a traffic impact study be submitted with
an application for a general land use plan and a specific use permit.
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, as well as
comply with any and all federal, state and local statutes, regulations or ordinances which
may apply.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 4th day of
November, 2008.
C \'111�1
U- ayor Becky Ames -
�•
LEGAL DESCRIPTION FOR ORDINANCE PURPOSES
Being a 107.287 acre tract of land lying in the DANIEL EASLEY LEAGUE, Abstract
No. 20 in Jefferson County, Texas,being out of and a portion of that certain 147.16 acre
tract of land designated as TRACT ONE (1) and described in an instrument from Lois
Hellen, Daniel Gordon Walker and Jane Ruth Morris to John H. Walker, Ellen Rienstra,
Judith Linsley, Homer F. Walker, H, Lonnie C. Walker, Mark Douglas Walker, Roger
Scott Walker and David Clifton Walker of record in Volume 2408 on Page 70 of the
Deed Records of Jefferson County Texas said 107.287 acres being more particularly
described as follows:
Beginning at a %2" Rod set(in the center of a drain ditch)marking the West right-of-way
line of North Major Drive(State Highway FM 364, a 120'wide ROW), the South line of
the Beaumont Irrigation Canal of record in Volume 24 on Page 34 of the said Deed
Records, said Beaumont Irrigation Canal is now the Lower Neches Valley Authority
(LNVA), the Northeast corner of the said 147.16 acre tract and being the Northeast corner
of the herein described tract;
Thence S 30°07'02" E(L1, as referenced on the attached Plat)with the West line of North
Major Drive, the East line of the said 147.16 acre tract and the East line of the herein
described tract, at 800.86'pass a Texas Department of Transportation(TxDOT) Concrete
Monument, at 942.01'pass a %2" Rod marking the Northeast corner of the Final Replat of
Block A, Greenfield Village of record in Volume 14 on Page 301 of the Map Records of
Jefferson County Texas and continue for a total distance of 1,247.01'to a Y? Rod found
marking the Southeast corner of the said Final Replat of Block A and being an angle
point on the East line of the herein described tract;
Thence S 59°52'58" W(L2)with the South line of the said Final Replat of Block A and
an interior line of the herein described tract for a distance of 440.00' to a %2" Rod found
marking an interior angle point;
Thence N 30°07'02" W(L3) with the South line of the said Final Replat of Block A and
an interior line of the herein described tract for a distance of 5.00'to a %2"Rod found
marking an interior angle point;
Thence S 59°52'58" W(L4)with the South line of the said Final Replat of Block A and
an interior line of the herein described tract for a distance of 460.00'to a %2" Rod set
marking the East line of a 70'wide drainage easement dedicated in the Greenfield Village
- Section One of record in Volume 14 on Page 146 of the said Map Records, the
Southwest corner of the said Final Replat of Block A and being an interior angle point;
Thence N 30°07'02" W (L5)with the West line of the said Final Replat of Block A,the
East line of the said drainage easement and an interior line of the herein described tract
for a distance of 245.49'to an interior angle point;
Thence N 18°48'40" W(L6) with the West line of the said Final Replat of Block A,the
East line of the said drainage easement and an interior line of the herein described tract
EXHIBIT `A'
for a distance of 45.39'to the Northwest corner of the said Replat of Block A, the
Northeast corner of the said dedicated drainage easement and being an interior angle
point;
Thence S 59°52'58" W(L7)with the North line of the said dedicated drainage easement
and an interior line of the herein described tract for a distance of 71.39' to a %" Rod set
marking the original Northwest corner of the said Section One, the Northwest corner of
the south dedicated drainage easement and being an interior angle point;
Thence S 18°48'40" E(L8)with the West line of the said Section One,the West line of
the said drainage easement and an interior line of the herein described tract for a distance
38.33'to a %z" Rod set marking an interior angle point;
Thence S 30°07'02" E(L9)with the West line of the said Section One, the West line of
the said drainage easement and an interior line of the herein described tract for a distance
316.83'to a %z" Rod set marking an interior angle point;
Thence S 00°25'04" W(L10) with the West line of the said Section One, the West line of
the said drainage easement and an interior line of the herein described tract for a distance
of 154.97'to a%" Rod set marking Southerly West line of that certain 9.96 acre tract of
land described in an instrument to the Easley Land Company of record in Film Code No.
100-10-0018 of the Official Public Records of Jefferson County, Texas and being an
interior angle point;
Thence N 89°34'56" W(L11)with the Southerly West line of the said 9.96 acre tract and
an interior line of the herein described tract for a distance of 104.43'to a%"Rod set
marking an angle point on the West line of the said 9.96 acre tract an being an interior
angle point;
Thence S 00°22'20" E(L12)with the West line of the said 9.96 acre tract and an interior
line of the herein described tract for a distance of 194.48'to a %2" Rod set marking the
Southwest corner of the said 9.96 acre tract and being an interior angle point;
Thence S 89°35'45" E(L13)with the South line of the said 9.96 acre tract, at 87.32'pass
a 5/8" Rod found marking the Southwest corner of the said Section One, and continue
with the South line of the said Section One and an interior line of the herein described
tract, at 1,066.55'pass a 5/8" Rod found marking the Northwest corner of that certain
4.00 acre tract of land described in a Subsurface Easement to Anadarko Petroleum
Corporation of record in County Clerk's File No. 95-9511580 of the Official Public
Records, at 1,097.07'pass a Capped Rod found marking the Southeast comer of the said
Section One and the Southwest corner of that certain 3.2701 acre tract of land described
in an instrument to Parigi Property Management,Ltd, of record in County Clerk's File
No. 2003023009 of the Official Public Records and continue for a total distance of
1,429.19'to a Capped Rod found marking the West line of North Major Drive; the
Southeast corner of the said 3.2701 acre tract, the Northeast corner of the said 4.00 acre
tract, the East line of the said 147.16 acre tract in a curve to the right and being an angle
point on the East line of the herein described tract;
Thence Southerly(L14*)with the West line of North Major Drive, the East line of the
said 147.16 acre tract,the East line of the said 4.00 acre tract, the East line of the herein
described tract and the said curve to the right, having a Radius of 1,034.73', a Chord that
bears S 13°41'39" E, a Chord distance of 407.89' of an Arc distance of 410.58' to a point
marking the end of said curve and being an angle point on the East line of the herein
described tract;
Thence S O1°16'48" E (L15)with the West line of North Major Drive,the East line of the
said 147.16 acre tract, the East line of the said 4.00 acre tract and the East line of the
herein described tract for a distance of 5.18'to a TxDOT Concrete Monument found
marking the Northeast comer of Beau Terrance Subdivision of record in Volume 5 on
Page 79 of the said Map Records,the Southeast corner of the said 4.00 acres, the
Southeast corner of the said 147.16 acre tract and being the Southeast corner of the herein
described tract;
Thence S 89°01'42" W(1,16)with the North line of the said Beau Terrace, the North line
of Beau Terrace Addition No. 2 of record in Volume 5 on Page 93 of the said Map
Records, the South line of the said 4.00 acre tract, the South line of the said 146.16 acre
tract and the South line of the herein described tract for a distance 1,119.67'to a %2" Rod
found marking the Northeast corner of Block No. 3 of the Pearl Acres Subdivision of
record in Volume 4 on Page 139 of the said Map Records and being an angle point on the
South line of the herein described tract;
Thence S 88°56'05" W(L17)with the North line of the Block 3, the South line of the said
147.16 acre tract and the South line of the herein described tract for a distance of 561.50'
to a '/z" Rod found marking the Northwest corner of the said Block 3, the Northeast
corner of Block 4 of the said Pearl Acres Subdivision and being an angle point on the
South line of the herein described tract;
Thence S 88°54'53 W(L18)with the North line of the said Block 4, the South line of the
said 147.16 acre tract and the South line of the herein described tract for a distance of
280.09'to a %" Rod found marking an angle point on the South line of the herein
described tract;
Thence S 88°57'06" W(L19)with the North line of the said Pearl Acres Subdivision, the
South line of the said 147.16 acre tract and the South line of the herein described tract for
a distance of 2,520.72'to the centerline of a 130'wide drainage easement shown on Plat
prepared by Garrod&Dartez of record in an instrument to Jefferson County Drainage
District No. 6 of record in Film Code No. 101-34-2589 of the said Official Public
Records, the Southeast corner of that certain 31.24 acre tract of land described in an
instrument to Howard D. Wilcox of record in County Clerk's File No. 2002007175 of
Real Property Records of Jefferson County, Texas,being in a curve to the right and being
the Southwest corner of the herein described tract;
Thence Northerly(L20*) along the centerline of the said 130' wide drainage easement,
the East line of the said 31.24 acre tract and the West line of the herein described tract
and the said curve to the right,having a Radius of 345.00', a Chord that bears N
11"48'17" W, a Chord distance of 92.96' for an Are distance of 93.25'to a point marking
the end of said curve and being an angle point on the West line of the herein described
tract;
Thence N 04°03'25" W(L21)with the centerline of the said 130'wide drainage easement,
the East line of the said 31.24 acre tract and the West line of the herein described tract for
a distance of 348.76'to an angle point on the West line of the herein described tract;
Thence N 09°30'39" E (L22)with the centerline of the said 130'wide drainage easement,
the East line of the said 31.24 acre tract and the West line of the herein described tract for
a distance of 86.51'to the South line of the said LNVA Canal, the Northeast corner of the
said 31.24 acre tract,the North line of the said 147.16 acre tract and being the Northwest
corner of the herein described tract;
Thence the following five(5)courses along the South line of the LNVA Canal,the North
line of the said 147.16 acre tract and the North line of the herein described tract:
1) S 89°47'21" E (L23) for a distance of 362.67' to an angle point.
2)N 81°28'37" E (L24) for a distance of 556.78'to an angle point.
3)N 67-18'33" E (L25) for a distance of 393.49'to an angle point.
4)N 49°50'01" E (L26) for a distance of 1,281.48' to an angle point.
5)N 49-19'18" E (L27) for a distance of 1,341.06'to the point and place of beginning,
containing in area, 107.287 acres of land, more or less.
SAVE AND EXCEPT:
The place of beginning is an iron stake in the southeast corner of said 10 acre tract. Such
stake is also in the West line of FM Highway 3120. It also locates the beginning of a non-
tangent curve to the right whose central angle is 24 degrees 14 minutes and whose radius
is 1,034.73 feet.
THENCE in a Southwesterly direction with the arc of said curve and with the West right-
of-way line of FM Highway No, 3120 an arc distance of 393.27 feet to an iron stake at a
fence corner locating the Southeast corner of said 147.16 acre tract of land and lying in
the North line of the Beau Terrace Addition;
THENCE South 89 degrees 03 Minutes and 29 Seconds West with the North line of Beau
Terrace Addition a sufficient distance to form a 4.0 acre tract within the four calls herein
contemplated.
THENCE due North to the south line of said 10 acre tract
THENCE South 89 degrees 31 minutes and 32 Seconds East with the south line of said
10 acre tract to the iron stake in the West line of said Highway No. 3120,making the
place of beginning;
City of Beaumont,Jefferson County, Texas, Containing 104.287 acres more or less.
1 1 (- : Request for g6neral land use plan and a specific permit 1 allow
✓. 11 general office it apartments in the (Planned Unit Development)
1 11 1 ' of 1 between LNVA Canal 11 Perl Rt . l
-Applicant: L1 1 1 Kirtman for Global i I
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Phase One-250 apartment units will be built on the 34 acres designated for commercial. No
other development will occur without further approval of the City Council.