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Home My WebLink AboutORD 13-037 ORDINANCE NO.13-037 ENTITLED AN ORDINANCE AMENDING CHAPTER 28 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 (GENERAL COMMERCIAL-MULTIPLE FAMILY DWELLING) DISTRICT FOR PROPERTY LOCATED AT THE NORTHWEST CORNER OF EAST LUCAS DRIVE AND FORT DRIVE, 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 28 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 28.01.005(b)thereof, is hereby amended by changing the zoning of property presently zoned RS(Residential Single Family Dwelling)District to GC- MD (General Commercial-Multiple Family Dwelling) District for property located at the northwest comer of East Lucas Drive and Fort Drive,as described in Exhibit"A"and shown on Exhibits "B" and "C," 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 28 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 That all ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only.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 1.01.009 of the Code of Ordinances of Beaumont, Texas. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 25th day of June, 2013. ?� Be Ma or y y Ames - I l� ` � LEGAL DESCRIPTION FOR ORDINANCE PURPOSES Being the northernmost portion (approximately 285 feet) of the property described below: Being a certain parcel of ground together with all the buildings and improvements known as Lot DG,H. Williams,Jr. Survey,Abstract No. 57, City of Beaumont, Jefferson County, Texas, and being more particularly described as follows: COMMENCING at an iron pipe found on the north right-of-way line of E. Lucas Dr., said point being the southeast corner of a certain 1.00 acre tract conveyed to Jui Lin Yu (now or formerly), also known as the POINT OF BEGINNING of Lot DG; THENCE leaving said right of way north 00 degrees 00 minutes 00 seconds east a line of 345.74 feet to an iron pipe found; TIIENCE south 90 degrees 00 minutes 00 seconds east a distance of 185.00 feet to a 5/8"iron rod set and capped "Junius PLS 6309"on the west right-of-way line of that 30' public alley known as Fort Dr.; THENCE continuing along the west line of that 30' public alley known as Fort Dr. south 00 degrees 00 minutes 00 seconds west a distance of 435.74 feet to a cross cut set on the north right-of-way line of E. Lucas Dr.; THENCE continuing along said right-of-way line north and 90 degrees 00 minutes 00 seconds west a distance of 85.2 feet to an iron rod found; THENCE North 90 degrees 00 minutes 00 seconds west a distance of 99.8 feet to the POINT OF BEGINNING; CONTANING an area of 80,609.83 square feet(1.851 acres); All as shown on a survey by Linfield, Hunter, and Junius, Inc(Dated May 10, 2013). EXHIBIT "A" File 2172-G: Request for a zone change from RS (Residential — Single Family Dwelling) N District to GC-MD (General Commercial-Multiple Family Dwelling) District or more restrictive district Location: Northwest corner of East Lucas Drive and Fort Drive Applicant: James K. Farrelly, representing Family Dollar, on behalf of Annette Lo nion 0 100 200 1 Feet Legend 9 2172Z R S r- i i o p f _ _ ► G2 I " GC-MD I GC-MD I 1 E LUCAS DR I C-fit D C-Mq .-.-._---_-.--.___.___._.._._..__ o _ _ ___. C: - -- m o RM-H RM _ —4 MONROE ST Oz FRP'J H-{ . m -- _ RM RM ----- - R�S -H EXHIBIT"B" PRELIMINARY SITE PLAkT---E—LucAs 0' ' �D R. BDUMOW, TX PROTOTYPE: A DEVELOPER DESIGNER DATE: BLDG/SALES SF: 9,100/7,195 CAPITAL GROWTH BUCHALTER COMPANY: LH&J 1/13/12 ACREAGE: ±1.85 ACRES NAME: CHARLES OVERTON NAME: WESLEY EUSTIS 1/30/13 PARKING SPACES:46 PHONE p: (205) 988-9284 PHONE #: (504) 833-5300 SITE RISK ASSESSMENT LH&J JOB NO. 12-103 SITE CRITERIA CHECKLIST 1) WAVY Dun OONCRETE TO BE USED IN ALL TRUCK TRAFFIC AREAS AS %l U, ZONING REQUIREMENTS AS OUMPSTER PAD MIA, 2 ORNEWAY PALL REQUIRE APPROVAL FROM CRT OF BEAUMONT.TRAFFIC MDY WILL BE REQUIRED. CURRENT 20N1NC R-S k GC-MO; (REZONE ENTIRE 3; PORTION OF PROPERTY D7QSI5 IN R-S. REZONING OF DOLLAR GOCOUL PARCEL TO OC-MD ZONING DESIGNXUWN PROPEW TO 0C-MD) WALL BE REOLARED. PARKUIG REOIER®1FJR5 48 1 4 NEV SIDEWALKS MALL BE REQUIRED ALONG THE FRONTAGES OF THE PROPERTY. SPACrj-'4O SQUARE FEET) 5 DEMOLITION OF DMIING HOUSE ON PROPERTY WILL BE REQUIRED. LANDSCAPE S5TBA01C6 t 10':SOE 10''REM: 10' 71} OPEN SIRMI CUT OF E. LUCAS DR.WILL BE REQUIRED FOR WATER AND SONER SEWCE BLDG.SETBACKS C. 2C;SDE 20%NEAR:20' 7) PUT APPROVAL FROM THE CRY OF BEAUMONT WILL BE REQUIRED TO CARVE OUT THE DOLLAR GENERAL PARCH.AS 8) REETNp NG WALL MALL BE REQURED AS SHOWN. HEAHEAVY am REQ'D 20' REVD 10' CONCRETE AREA BUILDING LANDSCAPE SETBACK SETBACK 1185' LINE NOT TO SCALE SECURITY FENCE TO BE INSTALLED AROUND MECHANICAL - g' I;1.• i ..i' UNITS t''"1r•'' ttk .'DUMPSTER+PAD E.. '•_t 4,`.'0 A['' f•;." WITH SCREEN L 70 ; J '�• K�1Y f ..\. HVAC y LOADING PAD ZONE REQ'D 20' BU8.OING REQ'D 20 SETBACK DOLLAR GENERAL ' € :.,; BUILDING REQ'D 10' Iw, t' PROTOTYPE 'A' ;"' SETBACK LANDSCAPE 9,100 S.F. SETBACK o I: '' REQ'D 10' � ' ';! 1.85 ACRES :;: LANDSCAPE (180,595 S.F.} SETBACK 0 4t s s� f1�,u�n �.f... • O a 0 x 't 4+I:. Tlc' 7 : . BUILDING SETBACK % ' ��?, s +• f10LLl1R GENERAL' -; i;.i:,:i :SIGN REQ'D 10' E SETBACK (FUEL. ACCESS) =+ -- E E. LUCAS DR. --- >� I LINFIELD, HUNTER & JUNIUS, INC. PROF-11 SIGNAL ENGINIIERS AND ARCHITECTS D• 'ip, 3G(81 1601 Suer:, Suilr 200 MiONE;13IM3 413.53W 1.4rrairir,Lrn.ixiaun 10002 tIL.i5wi a35.53.w SCALE' I' 80' w...w�,,,..... !:!.fAtt-U,i�i116p.ws.n+.. EXHIBIT "C"