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Home My WebLink AboutORD 10-028 ORDINANCE NO. 10-028 ENTITLED AN ORDINANCE ISSUING AN AMENDED SPECIFIC USE PERMIT TO HENRY LABRIE TO ALLOW AN ADDITIONAL OFFICE/WAREHOUSE IN A GC-MD (GENERAL COMMERCIAL- MULTIPLE FAMILY DWELLING) DISTRICT FOR PROPERTY ADJACENT TO 10935 EASTEX FREEWAY IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS, on February 26, 2008, City Council approved Ordinance No. 08-019 issuing a specific use permit to Henry LaBrie to allow offiicetwarehouses in a GC-MD (General Commercial-Multiple Family Dwelling) District located on the west side of Eastex Freeway, approximately 184' north of Tram Road, Beaumont, Jefferson County, Texas; and, WHEREAS, the applicant, Henry LaBrie, wishes to amend the specific use permit to allow an additional office/warehouse on property adjacent to 10935 Eastex Freeway,as described in Exhibit"A" and shown on Exhibit"B"attached hereto and made apart hereof for all purposes; and, WHEREAS, the Planning and Zoning Commission of the City of Beaumont considered the request to amend the specific use permit to allow an additional office/warehouse in a GC-MD (General Commercial-Multiple Family Dwelling) District for property adjacent to 10935 Eastex Freeway; and, WHEREAS, the City Council is of the opinion that the amendment 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 Ordinance No. 08-019 be amended by amending the specific use permit granted to Henry LaBrie, his legal representatives, successors, and assigns for that certain tract shown on Exhibit"B"attached hereto and made a part hereof for all purposes, to allow an additional office/warehouse for property located adjacent to 10935 Eastex Freeway, subject to the following conditions: • Provide a six (6) foot wide landscape strip along the Old Voth Road frontage of the parking lot. • Install a sidewalk along the property frontages on Old Voth Road and Eastex Freeway. Section 2. Notwithstanding the site plan attached hereto as Exhibit"C," the use of the property herein above described shall be in all other respects, subject to all of the applicable regulations contained in Ordinance No. 08-019 and the regulations contained in Chapter 30 of the Code of Ordinances of the City 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 27th day ofApril, 2010. - Mayor Becky Ames - LEGAL DESCRIPTION FOR ORDINANCE PURPOSES BEING a 1.1842 acre tract or parcel of land situated in the W.B. Dyches Survey, Abstract No. 17, Jefferson County, Texas and being out of and part of that certain called 23.66 acre tract of land as described in a deed from Kirby Lumber Corporation to Emery Best and wife, Leland Hendrix Best as recorded in Volume 964, Page 110,Deed Records, Jefferson County, Texas and being out of and part of that certain called 5.43 acre tract being of a portion of the former 100 foot wide T. &N. 0. Railroad right-of-way, now abandoned, as described in a deed from Southern Pacific Company to Emery Best and wife,Leland Hendrix Best as recorded in Volume 1342, Page 486, Deed Records, Jefferson County,Texas, the same being that certain called. 5.43 acre tract of land as described in a deed from Kirby Lumber Corporation to Emery Best and wife,Leland Hendrix Best as-recorded in Volume 1342, Page 484, Deed Records, Jefferson County, Texas and also being out of and part of that certain called 10.02 acre tract of land, identified as Tract 2, as described in a"Warranty Deed with Vendor's Lien" from Rebecca Anne Best to Emery Randolph Best as recorded in Film Code No. 102-54-2500, Official Public Records of Real Property,Jefferson County, Texas, and being out of and part of that certain called 30 foot strip of land being part of the West one-half(%Z)of the former 100 foot wide Southern Pacific Company Railroad right-of-way as described in a deed from Kirby Lumber Corporation to Emery Best and Leland Hendrix Best as recorded in Volume 1522,Page 186,Deed Records, Jefferson County,Texas,and being out of and part of the West 20 feet of the West one-half(1/z) of the former 100 foot wide Southern Pacific Company Railroad right-of-way, and furthermore being out of and part of that certain called 7.8464 acre tract of land, identified as TRACT II, as described in a "Special Warranty Deed with Vendor's Lien" from Nancy Best to Henry Labrie and Sharon Labrie as recorded in Clerk's File No. 2006049854, Official Public Records of Real Property, Jefferson County,Texas and out of and part of that certain called 1.0797 acre tract, identified as TRACT V,and that certain called 0.7281 acre tract of land, identified as TRACT VIII, as described in a"Deed without Warranty"from Nancy Best to Henry Labrie and Sharon Labrie as recorded in Clerk's File No. 2006049856, Official Public Records of Real Property,Jefferson County,Texas, said 1.1842 acre tract being more particularly described as follows: NOTE: All bearings are based on the most Northerly East line of the that certain called 14.183 acre tract as recorded in the above referenced Film Code No. 102-54-2500, Official Public Records of Real Property, Jefferson County, Texas as SOUTH I 1°15'00" EAST. BEGINNING at a %Z" iron rod in concrete found for the Southeast corner of the tract herein described, said corner also being the Southeast corner of the said 7.8464 acre Labrie tract and the Northeast corner of that certain called 1.1470 acre tract of land, identified as TRACT IX, as described in a"Special Warranty Deed with Vendor's Lien" from Darby Gas and Oil Company to Starmart No. 2, Ltd. as recorded in Volume 2001043422, Official Public Records of Real Property,Jefferson County, Texas and said corner also being in the West right-of-way line of U. S. Highway 69, 96 and 287; EXHIBIT "A" THENCE SOUTH 78 023'29" WEST, for the boundary between the tract herein described and the said 1.1470 acre Starmart No. 2,Ltd. tract, for a distance of 267.99 feet to a 5/8" iron rod with a cap found for corner, said corner being the Northwest corner of the said 1.1470 acre Starmart No. 2, Ltd. tract and the Southwest corner of the said 0.7281 acre Labrie tract and also being in the East right-of-way line of Old Voth Road(based on a width of 60 feet); THENCE NORTH 08°42'13" WEST, along and with the East right-of-way line of Old Voth Road and the West line of the said 0.7281 acre Labrie tract,for a distance of 196.69 feet to a 5/8" iron rod set for corner; THENCE NORTH 78 042'36" EAST,over and across the said 0.7281 acre Labrie tract, the said 1.0797 acre Labrie tract and the said 7.8464 acre Labrie tract,and perpendicular to the West right-of-way line of U.S. Highway 69, 96 and 287,for a distance of 259.11 feet to a 5/8" iron rod set for corner, said corner being in the West right-of-way line of U. S. Highway 69, 96 and 287; THENCE SOUTH 11°17'24" EAST, along and with the West right-of-way line of U. S. Highway 69, 96 and 287, for a distance of 195.00 feet to the POINT OF BEGINNING and containing 1.1842 ACRES, more or less. File 2 - : Request for an amended specific use permit to allow an additional office- warehouse in a GC-MD (General Commercial-Multiple Family Dwelling)District. Location: Adjacent to 10935 Eastex Freeway Applicant: Mark. W. Whiteley&Associates, Inc. 0 50 100 200 Feet Legend L g w e e F ® 2025P •3 { pzE. YS x z� 51� �K O pg f 7 be 2 MOSCOW i 5 , Via:....- "` f a� A�. � r fl { � � 7 �J F• �. L i, i ' 1il,011 �yt rii er1 R-S ,.,ye `pq EXHIBIT "B" -- � US HIGHWAY 89, 98, & 287 PROPOSED SITE PLAN OF (MOTH VM) 1.1842 ACRE TRACT OR PARCEL OF LAND W.B. DYCHES SURVEY, ABSTRACT NO. 17 �• ' ° JEFFERSON COUNY, TEXAS • •- —.�: CEN07BME OF 171bDAIO DRWA40E DOC1I uc- _ SII.17124"S I95 _ Ek f •_ L R00 ANfJ� • __ i_ - 1+ :•:• -1 IND 1 WIPErm . __ � • 30.00~ t 5.0.00' • ! •.i _ 1 I � CALLED 1.1170 ACRES • •' '•.: a_ 1 TRACT O1 RIID 78164 AM ` = • ' STARANRT NO.2.LTD.. C 1 .-.:r • #. • j CF.NO.1001043421 --t,04rwc'� i OP"dc '°"rein� i h�toog� ' _ i DPRA °� En51L c a s . .. BUXOM I �iL ' a : I:1849-ACPM -' , I I • ► • 1,309 SO.Tr.OPP)CE' I t � .�_•.. i. - _1 _ 3112 X CQ I • i �P27n! I •~'-S'- .-� ' ------------------ ---- I . I 30 A M 6BAC A FGFIM 9 CF PDT alY OF BEAIAA'MT I ' S S� ♦I fa 0''waT N&ma9.a0�AEn .. •_•. • i' PER crn OF ecv1Y0KT EAWWF @L 101. LT4$PG 181 t Va.uQ PG 186 '� • _ �' i iPROPOSED . •�• I MAD" _ CUM 1.0797 ACM Bra V�OfF)LE - t air MD FOJTf IAEaB k SNYiOV LRW OP K 1/2 DP MW 10D MW SUMON RCFA: i t �. •• �E7751PIGFENC£ 1 C.F.hCt aao6o19i6s6 I 1 RM1O10 RC!IT OF AIIV i --v I OIRiC 9498'ON IL uL vOL t3T2 fC.1a6 I ------PFJj�i1'- �. 'r---___-_ [t� DAW GAS&DO..a10. �-------- PC.NO. 103-96-2437 20'SiA�-AE4MDER OF OPRX COMPANY RNLAOAD RICMT PACA`IYC SET 3�8• : -- - � g NOTES Nov 1. THERE ARE NO PROPOSED SINS L ROD W/CAP OR PENCE ON PROPERTY. oUM� LEGEND: '`_` >�IL� P. 0. Box 5492 MW WRE tSHIR7ML • - «• _ •q l : �� .. AM� BEAUMONT, TEXAS 777E6-6492 -• CF. _DOSTM PAVEMENT - •: - OLD VU7H ROAD +�-eos- 1 1 (60'AM COI MMMO 6NOBI66BS. V 3260 EA51EX PRNY. - PAYMENT SUIWEYORS. AND PLANNERS 07 BEAUYONT, TEXAS 77709 (TAX) 409-892-1346 W.•2010\10-070\10-070.DWG\CDD *Approval subject to the following conditions: Provide a six(6)foot wide landscape strip along the Old Voth Road frontage of the parking lot. ______Install a sidewalk along the property frontages on Old Voth Road and Eastex Freeway. PROPOSED SITE PLAN OF us ifforAr overt see "842 ACRE TRACT OR pa= OF LAND 1r B. DY �W NO. 17 't .•rF off Dow 11 MIND Joe- . .r AS _--rr._� _.-/��•' �• � •4• r�.M � t••fit• •Jt^••. 4' ! TIT• �1:.� � �'�. .J� Tw . •• T f d1iY 4M.Ago WAIF a WMfr fa sun a f PUNK a�'Lt : yrrafcr -------------------- ------- CS Small ■ Mart •' a n III t•f OYf•UW qi r.Ai, • • � f fr a Vrs F •woos n saw"a 06 W r __ _ - fe o Nf-M-�► �® fw�M )�AIC Ip lIIGI.�>o• �ffsrc 'i �goo pr t ae fwot a I�a1oM: mM.r iMAw ffOM �► _ �1■I °'t0..'�r��"',2,'w"+«. aw IM�161 Nei-��I�FOII T•'^•_ .��•.T,•,Y1i Ri• =:•+ � � • r.w.r Moor Waof f f ND Approval subject to the following conditions: Provide a six(6)foot wide landscape strip along the Old Voth Road frontage of the parking lot. Install a sidewalk along the property frontages on Old Voth Road and Eastex Freeway.