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HomeMy WebLinkAboutORD 09-021 ORDINANCE NO. 09-021 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 LI (LIGHT INDUSTRIAL) DISTRICT TO RM-H (RESIDENTIAL MULTIPLE FAMILY DWELLING - HIGHEST DENSITY) DISTRICT FOR PROPERTY LOCATED AT ON THE SOUTH SIDE OF CHINN LANE AND EAST OF EASTEX FREEWAY, 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, and 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 LI (Light Industrial) District to RM-H (Residential Multiple Family Dwelling - Highest Density) District for property located on the south side of Chinn Lane and east of Eastex Freeway, 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 described 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 of 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 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 That all ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only.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, 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 28th day of April, 2009. ."W 1W I Mayor Becky Ames - AW c3 i LEGAL DESCRIPTION FOR ORDINANCE PURPOSES That certain 15.53 acre tract out of the W. B. Dyches Survey, Abstract 17, Jefferson County, Texas, out of a called 131.467 acre tract conveyed to Howard Grant Nichols Family Limited Partnership as recorded in Clerks File No. 2000016829 of the Official Public Records of Real Property of Jefferson County,Texas and a called 1.08 acre tract (Tract 1) and a called 0.611 acre tract(Tract 2) conveyed to H. G. Nichols, Sr. as recorded in Volume 1928, Page 372 of the Deed Records of Jefferson County, Texas, and including a portion of those easements (Parcel One and Two) granted to the City of Beaumont as recorded in Volume 1270, Page 528 of the Deed Records of Jefferson County, Texas, said 15.53 acres being more particularly described by metes and bounds as follows: Note: The Basis of Bearings is a southeast line of the said 131.467 acre tract and a north line of Suburban Acres Unit Two, a plat recorded in Volume 7, Page 193 of the Map Records of Jefferson County, Texas having been called South 47°33'03" West. BEGINNING at a 1/2" iron rod found at the intersection of a north line of said Suburban Acres Unit Two and a southeast line of the said 131.467 acre tract with the southerly right- of-way line of Chinn Lane for the northeast corner of the said 15.53 acre tract; THENCE South 35°33'26" West along the said north line of Suburban Acres Unit Two,the said southeast line of the 131.467 acre tract and an east line of the said 15.53 acre tract a distance of 268.71 feet (called South 35°37'24" West)to a %2" iron rod found for an angle point; THENCE South 47°33'03" West continuing along a portion of the said north line of Suburban Acres Unit Two, the said southeast line of the 131.467 acre tract and an east line of the said 15.53 acre tract a distance of 219.12 feet (called South 47°33'03" West)to a point for the northeast corner of a called 5.574 acre tract conveyed to Robert L. Corbello as recorded in Clerks File No. 2007001675 of the Official Public Records of Jefferson County, Texas and the southeast corner of the said 15.53 acre tract; THENCE North 42°26'57" West along a north line of the said 5.574 acre tract and a south line of the said 15.53 acre tract a distance of 71.29 feet(called North 42°26'57" West 71.29 feet)to a point for corner; THENCE South 78°45'09" West continuing along a north line of the said 5.574 acre tract and a south line of the said 15.53 acre tract a distance of 807.57 feet to a 5/8" iron rod found in the east right-of-way line of U.S. Highway 69, 96 and 287 for the northwest corner of the said 5.574 acre tract and the southwest corner of the said 15.53 acre tract; THENCE North 11°14'51" West along the said east right-of-way line of U.S. Highway 69,96 and 287 and the west line of the said 15.53 acre tract a distance of 470.46 feet(called North 11°15'52" West) to a point for the most westerly northwest corner of the said 15.53 acre tract; EXHIBIT "A" LEGAL DESCRIPTION continued THENCE North 78°46'42" East along an interior line of the said 15.53 acre tract a distance of 298.25 feet to a point for an interior corner of the said 15.53 acre tract; THENCE North 11°14'51" West along an interior line of the said 15.53 acre tract a distance of 298.25 feet to a point in the said southerly right-of-way line of Chinn Lane for the most northerly northwest corner of the said 15.53 acre tract; THENCE North 78 046'42" East along the said southerly right-of-way line of Chinn Lane and the north line of the said 15.53 acre tract a distance of 49.24 feet(called North 78°39'00" East)to a %" iron rod found for the PC of a curve; THENCE along the said southerly right-of-way line of Chinn Lane and the said north line of the 15.53 acre tract with a curve to the right having a chord bearing of South 77 057'44" East, a chord distance of 694.08 feet and a radius of 873.54 feet, a distance along the curve of 713.77 feet to a %" iron rod found for an angle point; THENCE South 54 032'28" East continuing along the said southerly right-of-way line of Chinn Lane and the said north line of the 15.53 acre tract a distance of 354.07 feet(called South 54°28'30" East 354.07 feet)to the POINT OF BEGINNING and containing 15.53 acres of land, more or less. s File 1984-Z: Request for a zone change from LI (Light Industrial) District to RM-H (Residential Multiple Family Dwelling-Highest Density)District. Location: South side of Chinn Lane and east of Eastex Freeway Applicant: Brad Knolle for The NRP Group 0 50 100 200 300 400 Feet I i I I i I Legend L/ ® 1984Z cyi�� R-s r> %N r L/ m R=S N T R-S m 1P J R-S 9 0�� R-S U �y GC-MD RM- EXHIBIT "B"