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Home My WebLink AboutORD 09-059 ORDINANCE NO. 09-059 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 TO GC-MD-2 (GENERAL COMMERCIAL-MULTIPLE FAMILY DWELLING- 2) DISTRICT FOR PROPERTY LOCATED ON THE WEST SIDE OF PINCHBACK ROAD, BETWEEN THE MISSOURI PACIFIC RAILROAD AND THE T. & N.O. RAILROAD TRACKS , IN THE CITY OF 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 RS (Residential Single Family Dwelling) District to GC- MD-2 (General Commercial-Multiple Family Dwelling-2) District for property located on the West side of Pinchback Road, between the Missouri Pacific Railroad and the T. & N.O. Railroad tracks, as described in Exhibit"A" and shown on Exhibit"B" attached hereto, 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 That all ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only.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 27th day of October, 2009. �. �� kill, - Mayo ecky Ames - LEGAL DESCRIPTION FOR ORDINANCE PURPOSES BEGINNING at a !/2" iron rod found in the southerly right-of-way line of the Missouri Pacific Railroad for the east corner of said Lot 13, the north corner of Lot 14 of said Forest Park Addition Replat and the northwest corner of the said 12.05 and 13.32 acre tracts from which a 5/8" iron rod found for the north corner of said Lot 13 bears North 51°36'00" East 288.37 feet(called North 51'36'00" West 288.32 feet); THENCE South 51°36'00" East along the said southerly right-of-way line of the Missouri Pacific Railroad and the northerly line of the said 12.05 and 13.32 acre tracts a distance of 317.64 feet (called South 51'36'00" East 317.64 feet) to a 1/2" capped iron rod set for the PC of a curve; THENCE continuing along the said southerly right-of-way line of the Missouri Pacific Railroad and the said northerly line of the 12.05, 1.2617 and 13.32 acre tracts with a curve to the left, having a chord bearing of South 59°49'12" East, a chord distance of 803.20 feet and a radius of 2914.79 feet, a distance along the curve of 805.76 feet to a point in the west right-of-way line of Pinchback Road for the northeast corner of the said 1.2617 and 13.32 acre tracts; THENCE South 00°16'44" West along the said west right-of-way line of Pinchback Road, the east line of the said 1.2617 acre tract and the most easterly east line of the said 13.32 acre tract a distance of 112.16 feet (called South 00°13'22" West 109.77 feet) to a %2" iron rod found for the northeast corner of a called 0.32 acre tract conveyed to Jefferson County DD#6 as recorded in Volume 1267, Page 351 of the Deed Records of Jefferson County, Texas, the southeast corner of the said 1.2617 acre tract and an exterior corner of the said 13.32 acre tract; THENCE South 88°07'48" West along the north line of the said 0.32 acre tract, the south line of the said 1.2617 acre tract and an interior line of the said 13.32 acres tract a distance of 299.69 feet (called South 87°39'28" West 299.96 feet) to a capped iron rod found in an east line of the said 12.05 acre tract for the southwest corner of the said 1.2617 acre tract, the northwest corner of the said 0.32 acre tract and an interior corner of the said 13.32 acre tract; THENCE South 00°22'43" West along the west line of the said 0.32 acre tract and a called 0.608 acre tract conveyed to H.W. Goodman as recorded in Volume 1051, Page 493 of the Deed Records of Jefferson County, Texas being an east line of the said 12.05 acre tract a distance of 209.75 feet (called South 00°22'43" West) to a %2" capped iron rod set for the southwest corner of the said 0.608 acre tract and an interior corner of the said 12.05 and 13.32 acre tracts; EXHIBIT "A" LEGAL DESCRIPTION continued THENCE North 81°56'33" East along the south line of the said 0.608 acre tract and in interior line of the said 12.05 and 13.32 acre tracts a distance of 302.26 feet(called North 81°56'33" East 302.26 feet) to a 'I/2" capped iron rod set in the said west right-of-way line of Pinchback Road for the southeast corner of the said 0.608 acre tract and an exterior corner of the said 12.05 and 13.32 acre tracts from which a %2" iron rod found for the southeast corner of the said 1.2617 acre tract bears North 00°31'41" East 177.16 feet; THENCE South 00°31'41" West along the said west right-of-way line of Pinchback Road, an east line of the said 12.05 and 13.32 acre tracts a distance of 52.03 feet (called South 00°31'41" West 52.03 feet) to a %2" capped iron rod set in the north right-of-way line of the T. &N. O. Railroad for the southeast corner of the said 12.05 and 13.32 acre tracts from which a %2" iron rod found at the intersection of the said west right-of-way line of Pinchback Road and the south right-of-way line of the said T. &N. O. Railroad bears South 00°31'41" West 10 1.13 feet; THENCE South 81°56'42" West along the said north right-of-way line of the T. &N. O. Railroad and the south line of the said 12.05 and 13.32 acre tracts, at a distance of 916.22 feet pass a %2" capped iron rod set for reference, and continuing a total distance of 956.65 feet (called South 81°56'33" West 956.65 feet) to a point for the southeast corner of Forest Park Addition, a plat recorded in Volume 10, Page 101 of the Map Records of Jefferson County, Texas and the southwest corner of the said 12.05 and 13.32 acre tracts; THENCE North 00°21'06" East along the east line of said Forest Park Addition and the west line of the said 12.05 and 13.32 acre tracts a distance of 607.98 feet (called North 00°21'06" East 607.98 feet) to a %2" iron rod found for an angle point; THENCE North 00°21'06" East continuing along the said east line of the Forest Park Addition, the east line of the said Forest Park Addition Replat and the said west line of the 12.05 and 13.32 acre tracts a distance of 468.53 feet (called North 00°21'06" East 468.53 feet) to the POINT OF BEGDNNING and containing 13.32 acres of land, more or less. File 2002- Request for a zone change from RS (Residential Single Family Dwelling) District to GC-MD-2(General Commercial Multiple Family Dwelling-2) District and a specific use permit to allow a self-storage warehouse facility in a GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District. Location: West side of Pinchback Road, between the two railroads Applicant: Fittz &Shipman, Inc. 0 50 100 200 300 400 Feet GC-MD GC=MD CALDER AVE G2 RM-H Legend ® 2002ZP GC-MD G2 RM-H RM-H Z n 2 I R-S ni -R-S -i rn Iv I, i Li i Li EXHIBIT °B"