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HomeMy WebLinkAboutFebruary 2021 PC Packet - CANCELLED*AGENDA* PLANNING COMMISSION February 15, 2021 REGULAR MEETING PLANNING COMMISSION City Council Chambers, City Hall, 801 Main St. — 3:00 p.m. JOINT PUBLIC HEARINGS PLANNING COMMISSION AND CITY COUNCIL City Council Chambers, City Hall, 801 Main St. - 3:15 p.m. The rnectings will also be broadcast on the City's YouTube channel: https://www.youtube.com/channel/UCnY6nNk8zfXZulMglzbwEBg AGENDA* ROLL CALL APPROVAL OF MINUTES Approval of the minutes of the Meetings held Januaty 25, 2021. REGULAR MEETING 1) PZ2021-16: Request for Preliminary Plat approval ofHighpoint Subdivision, Phase II, Jefferson County, Texas. Applicant: Daniel Dotson, P.E. of Fittz & Shipman, Inc. Location: Extension of Highpoint Avenue JOINT PUBLIC HEARING 2) PZ2021-12: Request for a Specific Use Permit to allow a tool rental and equipment rental store in a GC -MD (General Commercial -- Multiple -Family Dwelling) District. Applicant: Lars Anderson & Associates, Ine. c/o Janay Mommer Location: 3910 Eastex Freeway 3) PZ2021-17: Request for amendments to the Zoning Ordinance concerning signage, Sections 28.01.004, 28.03.018, 28.03.020, 28.03.021, 28.04.003, 28.04.008(19)(22). Applicant: City of Beaumont, Planning Division OTHER BUSINESS ADJOURN Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact Kaltrina Minick at 880-3777. *MINUTES* JOINT PUBLIC HEARINGS PLANNING COMMISSION CITY COUNCIL City Council Chambers January 25, 2021 A Joint Public Hearing of the Planning Commission and City Council was held on January 25, 2021 and called to order at 3:10 p.rn. with the following members present: Commission Members present: Chairman Sina Nejad Commissioner Johnny Beatty Commissioner Shawn Javed Commissioner Lynda Kay Makin Conunissioner Roy Steinhagen Conunission Members absent: Commissioner Bill Little Commissioner Tom Noyola Commissioner Taber Quraishi Commissioner Eddie Senigaur Alternate Commissioner Marty Craig Alternate Commissioner Erika Harris Alternate Commissioner Lauren Williams Mason Councilinembers present: Mayor Becky Ames Mayor Pro -Tern Randy Feldschau Councilmember W.L. Pate Councilmember Taylor Neild Councilmember Mike Getz Councilmember Audwin Samuel Councilmember Robin Mouton Also present: Chris Boone, Director of Planning and Conununity Development Adina Josey, Senior Planner Tyrone Cooper, City Attorney Catherine Allen, Recording Secretary Planning Commission January 25, 2021 APPROVAL OF MINUTES Commissioner Makin moved to approve the minutes of the Joint Public Hearings held on December 21, 2020. Commissioner Steinhagen seconded the motion. The motion to approve the minutes carried 5:0. REGULAR MEETING 1) PZ2020-168: Request for the abandonment of a utility easement. Applicant: Fittz & Shipman, Inc. Location: 301 N. Martin Luther King Parkway. Mr. Boone presented the staff report. Fittz and Shipman, Inc. on behalf of Munro's Cleaners is requesting abandonment of the utility casement located within Block 12, Calder Addition. In 1985, the alley was abandoned with the retention of this easement. There is an existing sewer line in the alley that serves Munro's. If the easement is abandoned, the sewer line will become private. Munro's owns buildings on either side of this easement and would like to combine the two (2) structures. This item was sent to all interested parties and no negative responses were received. Slides of the subject property and alley were shown. Staff recommended approval of the request. The applicant was present. Don Burrell, representing Fittz & Shipman, 1405 Cornerstone Court, addressed the Commission. He stated that the idea of the project is to combine the two (2) buildings and cover the alleyway. Mr. Burrell stated that the sewer line serves only Munro's and will become a private sewer line. He added that Munro's has hired a local architect to design the building and that this is the first step in the process. Chairman Nejad asked if there were any issues with fire truck access and Mr. Burrell replied that there were not any issues and that the project will meet all City codes. Commissioner Steinhagen moved to approve the request for the abandonment of a utility easement, as requested in file PZ2020-168. Commissioner Makin seconded the motion. The motion to approve carried 5:0. Planning Commission January 25, 2021 JOINT PUBLIC HEARINGS Mayor Pro-Tem Feldschau called the Joint Public Hearings of January 25, 2021 to order at 3:15 p.m. and explained the purpose of the Joint Public Hearing process. Mayor Pro-Tem Feldschau then turned the meeting over to Chairman Nejad to conduct the Joint Public Hearings. Councilmember Getz arrived at 3:16 p.m. Mayor Arnes and Councilmernber Mouton arrived at 3:17 p.m. 2) PZ2020-177: Request for a Specific Use Permit to allow a commercial construction and renovation business in the CBD (Central Business District). Applicant: Gerald Condon Location: 747 College Street Mr. Boone presented the staff report. Gerald Condon is requesting permission for a commercial construction and renovation business at 747 College Street. This property is the previous location of Fire Station 41. Mr. Condon has plans to renovate the existing building and use the property as the new headquarters, offices and distribution center for his commercial construction and renovation company, Gerald Condon Properties, Ltd. No changes are proposed for the layout of the property and all utilities are existing and in place. There is no exterior storage planned. Slides of the subject property, site plan and surrounding area were shown. Fifteen (15) notices were mailed to property owners within two hundred (200) feet of the subject property. No responses were received in opposition or in favor. Staff recommended approval of the request. The applicant was present. Gerald Condon, 5501-10 South, addressed the Commission. Chairman Nejad complimented Mr. Condon on previous work he had done in Beaumont. Mr. Condon stated that this project was to continue improving Beaumont. He added that he is honored to be in Downtown Beaumont and hopes this project helps to make Downtown beautiful. He stated that the building has great roots and expressed his excitement for the project. The public hearing on this request was opened and closed without comment. Commissioner Makin moved to approve the request for a Specific Use Permit to allow a commercial construction and renovation business in the CBD (Central Business District), as requested in file PZ2020-177. Conunissioner Javed seconded the motion. The motion to approve carried 5:0. OTHER BUSINESS None. THERE BEING NO OTHER BUSINESS THE MEETING ADJOURNED AT 3:21 P.M. 3 DATE: February 15, 2021 TO: Planning Commission FROM: Chris Boone, Director of Planning and Community Development SUBJECT: To consider a request for Preliminary Plat approval of Highpoint Subdivision, Phase II, Beaumont, Jefferson County, Texas. FILE: PZ2021-16 STAFF REPORT Daniel Dotson, P.E. of Fittz & Shipman, Inc., has requested Preliminary Plat approval of Highpoint Subdivision, Phase II. This 6.869 Acre development was first approved in December of 2004. Phase One was filed for record in March of 2006. Since it has been more than two (2) years since the Preliminary Plat was approved, it is required to seek approval again. Phase 11 will extend Highpoint Avenue to the north and consists of 23 residential lots. Water and sewer will be provided by an extension of the city's facilities. Waivers for the number of lots on a single access and for the length of cul-de-sac were not discussed when the plat was first approved. However, the Subdivision ordinance states, "A single outlet residential street shall serve no more than thirty-two dwelling units. " Mr. Dotson would like to request a waiver to allow 65 lots on a single outlet residential street. In addition, a waiver is being requested to the length of cul-de-sac. The ordinance states, "A curl -de -sac shall be no snore than eight hundred (800) feet long. " Once Phase II is completed, the cul-de-sac will be approximately 1900' in length. In review of the plat, one response requested that the address on Lot 36, Block 1, should be changed to 6698 Highpoint Avenue. The Planning staff recommends approval with the requested waivers and one condition: 1. Change the address of Lot 36, Block 1 to 6698 Highpoint Avenue. This item was sent to all interested parties. Exhibits are attached. GENERAL INFORMATION/PUBLIC UTILITIES APPLICANT: Daniel Dotson, P.E. PROPERTY OWNER: Tom Cockerill LOCATION: Extension of Highpoint Avenue EXISTING ZONING: R-S (Residential Single -Family Dwelling District) PROPERTY SIZE: 6.869 acres, more or less EXISTING LAND USES: Vacant FLOOD HAZARD ZONE: "X" - Areas determined to be outside 500-year floodplain URROUNDING LAND USES: SURROUNDING ZONING: NORTH: Residential R-S (Residential Single -Family Dwelling District) EAST: Residential R-S SOUTH: Residential R-S WEST: Residential R-S COMPREHENSIVE PLAN: Stable Area STREETS: Hi hpoint Avenue — Proposed local street with a 55' right-of-way and a 32' pavement width. DRAINAGE: Curb & gutter WATER & SANITARY Extension of City water SEWER SERVICE: and Sanitary Sewer Fittz & Shipman INC. Ronald D. Fittz, P.E., R.P.L.S. (1948-1987) Terry G. Shipman, P.E., Senior Consultant Bernardino D. Tristan, P.E., Chief Executive Officer January 20, 2021 Mr. Chris Boone Planning Department City of Beaumont P. O. Box 3287 Beaumont, Texas 77701 RE: Highpoint Subdivision, Phase It Preliminary Plat Dear Mr. Boone, Consulting Engineers tind Land Sin•veyors Daniel A. Dotson, P.E., President Donald R. King, P.E., Vice President FS Proj. No. 21006 Submitted for your review and comment are five (5) prints of the Preliminary Plat and the $350.00 processing fee for the proposed Subdivision titled Hic1hpoint Subdivision Phase II located on the north side of RFD Road, will be an extension of Highpoint Avenue. The subdivision consists of 6,869 acres and will be developed as 30 single family lots for residential construction. Street Right -of -Way will be 55 foot wide with a 32 foot wide concrete pavement. Please also accept our request for a waiver for the following: The requirement of a residential block not having more thirty-two (32) residences, when Phase Il is completed, the street will have 65 residences. The length of the cul-de-sac will be one -thousand -nine -hundred (1,900) feet in length when completed, current subdivision requirements allow a maximum dead end street to be eight - hundred (800) feet in length. Owner of the Project is: DRC CONSTRUCTION, LLC ATTN: Tom Cockerill 6710 Eastex Fwy. Beaumont, Texas 77708 Phone: (409) 554-8135 FAX: (409) 299-4799 Preliminary drainage calculations are attached and have also been forwarded to the City of Beaumont Engineering Department. Please contact me regarding questions or comments. Sincerely, Fittz & Shipman, Inc. by: Dan�Dotson, Project Engineer for the Firm 21008LTo1 1405 Cornerstone Court • Beaumont, Texas 77706 • (409) 832-7238 • Fax (409) 832-7303 Texas Board of Professional Engineers firm No. 1160 • Texas Board of Professional Land Surveyors Firm No. 100186 p 9p9 g§g§ 4Y v n 's R a 333 x 1 S� ° n q�� ziJ 12 Q e kI, B ` K o I 1 rT a l eze° Roo t�=J G I N 1 kiI#� g x e � e 0311 ,yam ` n s �� I I Ir FIFs I 'i gel n 10 r I� �� v L 3 J ` 4 �1 } w f j •�41 j i ti ti f l� l l J LI � r I BEAUMONT Planning & Community Development property Informatlnn SUBDIVISION APPLICATION App'ca[lan prUts an regal she page )1 Preliminary Plat D Amended Plat* ❑ Final Plat* 0 Replat* ❑ Minor Plat* ❑ Vacate Plat Sub&Aalon Name Add— f t—tlon Highpoin Subdivision Phase 11 Highpoint Avenue, Macy Circle fot(a): eroeKsl! 18-36; 19-29 Block 1; Block 2 # of Ao-o IN of foes: C of uaft: 6.869 30 Applicant Information Nam¢: company: Daniel Dotson, P.H. Fittz & Shipman, Inc. MafingAdd—o City: Stile: 21p: 1406 Cornerstone Ct. Beaumont TX 77706 phone: Final: 409-832-7238 ddotson@fittzshipmen.com Owner Information Name: Company: Tom Cockerill DRC Construction, LLC hta#tngAddress: pry: State: Zip! 6710 Eastex Fwy. Beaumont TX 77708 Phone; Finak 409-554:8135 tom@dre-construction.com Dnawis 5'gnature Oate aoa Apa`�ant S!gnature ate Applicant check(✓) city Check(✓) Checklist of items required on PLAT to be filed*: 1. Title or name of plat, meridian north point, scale of map and vicinity map, 2. Definite legal description and identification of the tract being subdivided. 3. All block, lot and street boundary lines referenced to Texas State Plane Coordinate System. 4. Building Lines and easements. 5. Actual width of all streets, measured at right angles or radially, where curved, shown on map 6. All necessary dimensions accurately displayed 7. Names of all streets and adjoining subdivisions shown on map B. Flood zones and boundaries, ifapplicable, shown on map. Elevations for full subd€visions. 9. Addresses clearly displayed 10. Certificate of ownership signed, stamped and notarized 11. Certificates of approval from City and County shown on map 12. All legal restrictions and regulations placed on the approval of plat shown clearly on map Checklist of items required on Preliminary Plat map: X 1. Title or name of plat, meridian north point, vicinity map and name and signature of owner. X 2. Wilk evidence of ownership. ' X 3, ale of M@RAown on map, map to be drawn on a scale of one hundred (100) feet to Inch or larger. X 4. Location of existing blocks, lots, alleys, easements, building lines, natural features and buildings. X 5. Existing and proposed streets with street names. X 6. Plan of subdivision with blocks, lots, alleys, easements, building lines, parks, dimensions and a dress X 7. Location of existing and proposed sewers, water, gas mains, as well as storm and drainage easements, X B. Topography If the surface is markedly uneven. X 9. Boundaries and elevations of all areas located in the flood hazard and flood zones for all areas. X 4% 10. Location of all existing pipeline easements with size, type of product and pressure. X 11. Name of registered surveyor/engineer responsible for preparing the plat. X 12. List of all restrictive covenants, conditions, and limitations to govern property being subdivided. 9n14a1 I,: 'Plats(ortgfnat signed document) to to filed must be accompanied by Rog fees (City & County), tax certificates, digital files(CA0, .pdf and shapeffle), and 2 capips of the phi, 00 V%201�L-)a S�gnawreof reapemBle pngi-erl5u aw, gate Planning Appl ion Acceptance: ` f a o l PLANNING & COMMUNITY srenaw t pate DEVELOPMENT Revised 3/2020 T 409.880,3100 1= 409.880.3133 PO Box 3827 1 Beaumont. TX PZ2021-16: Request for Preliminary Plat approval of Highpoint Subdivision, Phase 11, Jefferson County, Texas. Applicant: Daniel Dotson, P.E. of Tittz & Shipman, Inc. Location: Extension of Highpoint Avenue 0 100 200 300 400 1 1 1 1 1 1 Feet -w V • 1 l YS, f t t FiR1wiH©R4�,�I�3R, n. r° R=S: v h RW H 2aU.� R_S o RM'H DATE: February 15, 2021 TO: Planning Commission and City Council FROM: Chris Boone, Director of Planning and Community Development SUBJECT: To consider a request for a Specific Use Permit to allow a tool rental and equipment rental store in a GC -MD (General Commercial — Multiple -Family Dwelling) District. FILE: PZ2020-12 STAFF REPORT Janay Mommer of Lars Anderson & Associates, Inc., is requesting permission to allow a tool rental and equipment rental store at 3910 Eastex Freeway, also known as Home Depot. Some of the equipment being offered is not currently available at the store. Items such as back hoes are more commonly used by contractors, therefore a Specific Use Permit is required. Ten parking spaces will be utilized for equipment storage and display, leaving more than adequate parking. Staff recommends approval of the request. Please note that final occupancy approval is subject to review and acceptance of submitted plans and field inspections to verify compliance with applicable codes. Exhibits are attached. PUBLIC NOTIFICATION Notices mailed to property owners 9 Responses in Favor Responses in Opposition LEGAL DESCRIPTION FOR ORDINANCE PURPOSES Being Lot 1, Block 1, Home Depot — Genecov Group Replat, Beaumont, Jefferson County, Texas, containing 11.46 acres, more or less. ANALYSIS CONDITIONS FOR APPROVAL OF SPECIFIC USE PERMIT (SECTION 28-26.E, ZONING ORDINANCE) Application Application is in is not in Comments compliance compliance Attached Conditions: 1. That the specific use will be compatible with and not injurious to the use and enjoyment of other property, or significantly diminish or impair property values within the immediate vicinity; X 2. That the establishment of the specific use will not impede the normal and orderly development and improvement of surrounding vacant property; X 3. That adequate utilities, access roads, drainage and other necessary supporting facilities have been or will be provided; X 4. The design, location and arrangement of all driveways and parking spaces provides for the safe and convenient movement of vehicular and pedestrian traffic without adversely affecting the general public or adjacent developments; X 5. That adequate nuisance prevention measures have been or will be taken to prevent or control offensive odor, fumes, dust, noise and vibration; X 6. That directional lighting will be provided so as not to disturb or adversely affect neighboring properties; X 7. That there are sufficient landscaping and screening to insure harmony and compatibility with adjacent property; and, X 8. That the proposed use is in accordance with the Comprehensive Plan. X GENERAL INFORMATION/PUBLIC UTILITIES APPLICANT: Lars Anderson & Associates, Inc. C/o Janay Mommer PROPERTY OWNER: Home Depot U.S.A. Inc. c/o Suzanne Russo LOCATION: 3910 Eastex Freeway EXISTING ZONING: GC -MD (General Commercial — Multiple - Family Dwelling District) PROPERTY SIZE: ---11.46 acres EXISTING LAND USES: Home Depot FLOOD HAZARD ZONE: X — Area determined to be outside the 500 year flood plain. SURROUNDING LAND USES: SURROUNDING ZONING: NORTH: Commercial GC -MD (General Commercial — Multiple - Family Dwelling District) EAST: Vacant/Commercial GC -MD SOUTH: Vacant/ GC -MD WEST: Commercial GC -MD COMPREHENSIVE PLAN: Stable Area STREETS: Eastex Frwy northbound feeder road — Freeway with 260' wide right-of-way and 22' pavement width. DRAINAGE: Curb and Gutter WATER: 8" Water line SANITARY SEWER SERVICE: 8" Sanitary sewer line PROPERTY OWNERS NOTIFIED WITHIN 2001 BEAUMONT ISD GENECOV DMLT LTD GOLDEN RIVER LLC HOME DEPOT USA INC MAXSON MEMORIAL CHURCH INC ST LUKE UNITED METHODIST ST LUKES METHODIST CHURCH OF TRUONG MARC NGOC & LIEN THI-MONG TROUNG WILSON WILLIAM E. SPECWIC USE PERMIT APPLICATION BEAUMONT, TEXAS (Chapter 28, City Codes) TO: TDE PLANNING COMMISSION AND CITY COUNCIL, CITY OF BEAUMONT, TEXAS APPLICANTS NAME: Lars Andersen & Associates, Inc. c/o Janay Mommer APPLICANTS ADDRESS: 4694 W. Jacquelyn Avenue Fresno, CA 93722 APPLICANTS PHONE#559-978-7643 FAX :5559-276-0850 NAME OF PROPERTY OWNER: Home Depot U-S.A., Inc. C/o Suzanne Russo ADDRESS OF PROPERTY OWNER: 2455 Paces Ferry Road, Atlanta, GA 30339 LOCATION OF PROPERTY:3910 Eastex Freeway, Beaumont, TX 77703 LEGAL DESCPJPTION OF PROPERTY: LOT NO. 1 OR BLOCK NO. ' ADDITION HOME DEPOT-GENEGOV INVESTMENTS, LTD NUMBER OF ACRES +/-11.46 Acres TRACT PLAT. SURVEY NUMBER OF ACRES For properties not in a recorded subdivision, submit a copy of a current survey or plat showing the properties proposer] for a specific use permit, and a complete legal field note description. PROPOSEDUSE:Tool Rental Centel- and Equipment Rental ZONE - GC -MD ATTACH A LETTER describing all processes and activities involved with the proposed uses. ATTACH A SITE PLAN drawn to scale with the information listed on the top back side of this sheet. ATTACH A REDUCED 8'/" X 11" PHOTOCOPY OS' THE SITE PLAN. THE. EIGHT CONDITIONS listed on the back side of this sheet must be met before City Council can grant a specific use permit. PLEASE ADDRESS EACH CONDITION IN DETAIL. ATTACH THE APPROPRIATE APPLICATION TEE: LESS THAN fa ACRE ... ....................................... I ...................... $250.00 %. ACRE OR IEIORE AND LESS THAN 5 ACRES.. ................. $450.00 5 ACRES OR MORE ........................................................ ........... $650.00 I, being the undersigned applicant, understand that all of the conditions, dimensions, building sizes, landscaping and parking areas depicted on the site plan shall be adhered to as amended agt s .appr-ove-iyCity .ouulncil. SIGNATURE OF APPLICANT:DATE, SIGNATURE OF PROPERTY PLEASE TYPE OR PRINT AND SUBMIT kTLE NUMBER: Q1- CITY OF B AUMONT PLANNING DIVISION 801 MAIN STREET, ROOM 201 BEAUMONT, TX 77701 Phone - (409) 880-3764 Fax - (409) 890-3110 01/13/2021 PLEASE MAKE NOTE ON REVERSE SIDE OF CONDITIONS TO BE MET REGARDING THE SITE PLAN AND LETTER OF PROPOSED USES AND ACTIVITIES. Home Depot Tool Rental Center (TRC) & HD Rental Equipment Project Description The general operations for the Tool Rental Center (TRC) is the rental of tools associated with general construction, which could range from a drill to a larger power equipment. This operation is utilized by both our general customers and contractors. The Tool Rental Center is an enclosed building —20' tall and 2,226 SF and the enclosure behind the TRC is a 12' gated fence of 1,197 SF. The fence material proposed is black -coated chain link fence with black slats. This enclosure area would store various items such as ladders that are for rent. There would also be access from the existing Home Depot store into the TRC building. In conjunction with the TRC, Home Depot is requesting to utilize approximately 10 parking stalls shown on the Site Plan to store and display equipment rentals that can be rented through the TRC. Such equipment are items like small trailers, see the attached file for a list of example compact power equipment. These would be kept in the parking stalls. over -night and are stored on locked trailers. Also, there would only be one equipment per stall. Zoning Ordinance Conditions Review Home Depot — Proposed Tool Rental Center (TRC) 1. That the specific use will be compatible with and not injurious to the use and enjoyment of other property, nor significantly diminish or impair property values within the immediate vicinity; The use is compatible to the existing area as the proposed TRC will be an addition to the existing Home Depot. The proposed use will not impair property values, as it is an extended service to the existing Home Depot store to benefit customers and the community. 2. That the establishment of the specific use will not impede the normal and orderly development and improvement of surrounding vacant property; The proposed use will not impede development of surrounding vacant property as the surrounding area is existing Commercial and Service uses. The vacant pad in the Home Depot shopping center will accommodate a use of similar nature. 3. That adequate utilities, access roads, drainage and other necessary supporting facilities have been or will be provided; The proposed use is an addition to the existing Home Depot store, which has been developed with adequate utilities, drainage, and access roads. The proposed TRC will only require a storm drain connection extension for an equipment wash down area within the proposed enclosure. Proper fire access around the building will be maintained. 4. The design, location and arrangement of all driveways and parking spaces provides for the safe and convenient movement of vehicular and pedestrian traffic without adversely affecting the general public or adjacent development; The proposed expansion will maintain a 24' minimum drive aisle and adequate pedestrian entry and access from the front and interior of the existing store. 5. That adequate nuisance prevention measures have been or will be taken to prevent or control offensive odor, fumes, dust, noise and vibration; The proposed use will not create offensive odor, fumes, dust, noise and vibration. 6. That directional lighting will be provided so as not to disturb or adversely affect neighboring properties; Additional directional lighting along the proposed TRC exterior will be provided and will not adversely affect neighboring properties. 7. That there are sufficient landscaping and screening to insure harmony and compatibility with adjacent property; and The proposed use will not impact existing landscaping and screening. B. That the proposed use is in accordance with the Comprehensive Plan. The site is Zoned GC -MD and is consistent with the existing General Commercial Services in the area and at the existing site. Compact Power Rental Equipment Tractor Loader Bacl<hoe ■ Used for loading, carrying, and transporting materials ■ Electrical, plumbing, and irrigation installation or repairs ■ Grading and leveling SI<id Steer ■ Grading and leveling ■ Load, carry and spread materials ■ Landscaping, construction and property improvement ■ Light demolition work Mini Excavator • Property improvement and landscape projects ■ Irrigation installation and drainage projects ■ Plumbing and electrical installation or repairs Aerial Equipment ■ Tree care and maintenance ■ Facility maintenance, painting, HVAC, electrical • Sign and lighting repair Light Tower K Job site illumination ■ Sports activities ■ Event setups Material Handling ■ Transport concrete, stone, materials and aggregate 31 Construction and demo site clean up �yiE4lE'1 - • Q ' ! Y' Dump Trailer ■ Demolition removal and yard maintenance ■ Carrying landscape materials ■ Hauling aggregate Tree Care (Chipper Rental/Stump Grinder) ■ Tree care and maintenance ■ Landscaping and property improvements Mini Skid Steer ■ Load, carry and spread materials • Landscape and property improvement • Grading and leveling Trencher ■ Installing irrigation and drainage projects ■ Landscape and property improvement Tractor Loader Backhoe ■ Load, carry and transport materials ■ Electrical, plumbing, and irrigation installation or repairs ■ Grading and leveling ■ Grading and leveling • Load, carry and spread materials ■ Landscaping, construction and property improvement ■ Light demolition work Z2021-12: Request for a Specific Use Permit to allow a tool rental and equipment rental store in a C-MD (General Commercial — Multiple -Family Dwelling) District. pplicant: Lars Anderson & Associates, Inc. clo Janay Mommer ovation: 3910 Eastex Freeway DATE: February 15, 2021 TO: Planning Commission and City Council FROM: Chris Boone, Director of Planning and Community Development SUBJECT: Request for amendments to the Zoning Ordinance concerning signage, Sections 28.03.020, 28.03.021, 28.04.003. FILE: PZ2021-17 STAFF REPORT As a result of court cases such as Reed v. Town of Gilbert, Arizona and Reagan National Advertising v. City of Austin, Texas, most city sign ordinances and many state statutes regulating signs are now subject to challenges of being unconstitutional. The decisions relate to the heavy burden that cities have to justify regulating speech. The courts have essentially said that if a city or state has to read a sign to enforce their ordinance, it is problem unconstitutional. The issue for Beaumont and most cities’ sign ordinances is that being able to read a sign is critical to their enforcement. In an attempt to comply with these decisions, the Planning Staff is recommending amendments to Sections 28.03.020, 28.03.021, 28.04.003 of the Zoning Ordinance. The proposed amendments offer new language that will allow a reasonable number, size and design of signs for differing uses in differing zoning districts while substantially retaining the established regulatory schemes of citywide sign rules as well as special sign rules specific to the historic and overlay districts. Exhibits are attached. (iii) The sign shall not exceed the height of the wall of the building to which it is attached. (iv) The sign shall not exceed ten (10) percent of the area of the wall to which it is attached or one hundred fifty (150) square feet, whichever is less. (v) The sign shall not have flashing lights or any type of intermittent illumination. (5) Exemptions. The following signs are exempted from the requirements of this section: (A) Changing of permitted copy of an existing bulletin board, general advertising poster or paint panel(s), display encasement, marquee, flat sign, projecting sign, detached sign, or roof sign, provided no increase occurs with respect to either the area or [of] any such sign or the manner in which it is structurally supported. (B) Signs on trucks, buses, or passenger vehicles which are used in the normal conduct of business. (C) Signs permitted by section 28.04.003 (e) of this chapter. (G,) Nameplateddress signs, less than three (3 s .,ore fid�isizeAD) Nenillurnin ',squafe . s advertising real estate for sale —co -lease OFan"UnGing Contfl�- ents 0 reat estate; providedn each street ffenting peft3`GenstFurption • b at d—i1B 1B��t ng the , pertaining to- h,.-�,i. 2d-that there is on!), vn (1) sign O n 32d�9"'�T) f`et in height 72 , _(G) g1eetio1i signs teinpoi,aFy in natme, sixty (60) days lann tTiT(8) square feet in area and five (5) feet in height and not i4mninated } whm placed Zoned A.,.a PI heeleet on, b _(14) Grandopening, signs, not exceeding twenty (20) sqkial-s feet in area when it is an attaoijed sign -and -not exeeeding twenty (20) squafe feet in apea -E-. �et in heigiit when it is a detaeked sign ..liall containthe •.fin "Grand n� f4fteen 1 building pe it F n !he Rift. ram.,..., ...,......,. ,..., displays erected wit {}t---advef9&!P,,-,—s "llCii l— ot"be—st7�jrict Zo th proyisions of this e" ;.teri b„tz�l'�Ga J„Meet--te--tlte fire eede an [ether re ulatiens] o€the -city. �C (Ordinance 93-62, sec. 1, adopted 10/26/93; 1978 Code, sec. 30-23; Ordinance 08- 021, sees. 3-5, adopted 3/18/08; Ordinance adopting Code; Ordinance 12-031, secs. 1-4, adopted 6/26/12; Ordinance 12-074, sec. 8, adopted 9/25/12) Q *. Sec. 28.03.021 XIajor/Dowlcn/Gladys/Hwy. 105 Sign Overlay District regulations (a) General purpose and description. The Major/Dowleii/Gladys/Hwy. 105 Sign Overlay District, in general recognizes that this area will be the major growth area of the city and is therefore intended to provide for the essential identity of facilities along the streets and prevent needless clutter in the area through uniform signage; to preserve and improve the physical environment in the city; and promote the public safety, welfare, convenience and enjoyment of travel and the free flow of traffic along the streets in this area. This district supplements the regulations of the underlying zoning district classifications. The zoning map shall reflect the designation of a Major/Dowlen/Gladys/Hwy. 105 Sign Overlay District by the letters "MD" as a suffix to the underlying zoning district classifications. (b) Definitions. Unless the context clearly indicates otherwise, in this section: .4ttextiori gettiil dam. Any device, other than a permitted sign, that is used to attract the attention of the public to a particular business, location, product or service. Frontage. That portion of any tract of land which abuts a public street right-of-way, measured along the street line. 73 5. As measured at the property line, the maximum light emanation from a sign shall be no greater than 0.2 footcandles. C. The sign shall meet the wind load requirements of the building code. f. The sign shall be placed in a landscaped setting of not less than one hundred twenty (120) square feet. (g) Exemptions. The following signs are exempted froxn the requirements of this section: (1) Changing of permitted copy of an existing bulletin board, general advertising poster or paint panel(s), display encasement, marquee, flat sign, [or] detached sign provided no increase occurs with respect to either the area or [of] such sign or the manner in which it is structurally supported. (2) Signs on trucks, buses or passenger vehicles which are used in the normal conduct of business. 3 Signs permitted by section 28.04.003 e of this chapter. .-L TTnaTrrvN..,..,street address signs, * t e edin mi., „v ...,...,.,.b mere , adverlising real estate foe 6r—iicr ,.. ...............n�gl eantemplated imprevemeof real estate provide that nly one (P such sign shall 'tt d an each street froi,ting th prepeAy. The b n must be laeated an the pi-epefty subject to sale or not_.... b • _. , tii�g—tlae`aiviiarchitect, fina.._.e'. institution, general eentractoF, an), statement per b tIV �hF (1L 1 1 tr of h tt' rt ci-c-ia--var'Tv^;�c-�-i�irzvr-cuv.'. a�r�cc-imcitcii=r� the premises. gnsla the ht IQl square f2"i-aie&-aa `1 4 , r (4 f o+ ;height-. 87 Election m days le than eight (8) squaFe feet et {' ' b m1ist rem ""__ (�4) Banner signs, when attached to a building. Detached banner signs, not exceeding twenty-one (21) square feet in area and five (5) feet in height, shall be allowed for each individual establishment or entity. Detached banner signs shall not be placed on any one (1) property more than five (5) times per calendar year and shall not be displayed for longer than thirty (30) consecutive days at any one (1) time with one (1) 30-day extension allowed for a total of sixty (60) days. Under no circumstances shall banner signs on any one property be allowed for more than one hundred fifty (150) days per calendar year. A banner permit of fifty dollars ($50.00) shall be required from the building codes division of the city for each display period. No banner sign shall be placed on city right-of-way. Banner signs shall be supported by non -permanent supports that are not permanently set in the ground. These supports shall be removed with the sign at the expiration of each allowed time period. _{r}}—Traditional an .._..,.a.__' .._t- ' ,tat �„a .�.�'_: 1. ':� a:.,e,ay of this 1 ^cncrpter, but su„ ..ubjeet to the fie code ,.Ft4he-6^,• . (4-05� Attached advertising signs located on nonprofit recreational facilities. (h) Continuation of nonconforming sifms. (1) All lawful nonconforming on -premise owner identification signs shall be allowed to exist in the MD Sign Overlay District except as provided for herein. Provided however, when a nonconforming sign falls into disrepair, or is damaged by fire, explosion, act of God or other calamity to the extent that the cost of reconstruction or repair exceeds fifty (50) percent of the replacement cost of the sign, such nonconforming signs shall no longer be permitted. (2) All nonconforming advertising signs existing in the MD Sign Overlay District on the effective date of this provision may be required to be relocated, reconstructed, or removed by the city council. Any sign required to be relocated, reconstructed, or removed shall be accomplished in as is complete, it is made to conform, in all aspects, to the sign regulations of the city. (c) Exemptions. The following signs are exempted from the permit requirements of this chapter-seetiew (1) Changing of permitted copy of an existing bulletin board, general advertising poster or paint panel(s), display encasement, marquee, flat sign, projecting sign, detached sign, or roof sign, provided no increase occurs with respect to either the area of any such sign or the manner in which it is structurally supported. (2) Signs on trucks, buses, or passenger vehicles which are used in the normal conduct of business. _(3) Narneplate and street address sigris, less than !�Fee (3), squafe feet in size. mare than eight (8) siquare seerin rea,ad„apt r !ease or�i+'+ r Y r �,.,., that ..C��„ h shall be +rimd on eaek street fronting the ttt�t''� t`eFPJ� (s) Geristfuration siagns, not t.. exceed £ h (40) square feet i area a Ot yard,I-PeCated- in an , required 5 r r t-tti-t institution, ge eral--eentraetei, subcon r or any matement pertaining to the projecti provided that there is Only one tile Premises; (Q) Window signs hung on the inside of the window or painted on the window glass. { (7) T-empo�ar -QEE9 'eX ILidii g baanner9. (84) Warning, security, and traffic directional signs, less than eight (8) square feet in area and four (4) feet in height. -(9) gleetions signs ternperary in nature, sixty (60) days imu --less than eight (8) square feet -in area d (6) feet in height d of fll„ red he r azsiden 137 removed within ten (10) .7.,ys afPeN die election. (-1 5) Signs in the PD, Port Development District, and the CBD, Central Business District. (6) One sign affixed to a structure less than four (4) square feet in area, and; 7 Flags. A Flags in Residential Districts: Two fabric or cloth flags not bein more than twenty-four (24) square feet in area,affixed to not more than one side of the cloth or fabric shape by a pole or post not higher than twcnty- five 25 feet in hei ht and,• (B) Flags in Commercial and Industrial Districts: Fabric or cloth flags affixed to not more than one side of the cloth or fabric shape by pole or post are pennitted without limit. (8) Election Season Supplementary Sims The following signs are exempt from pennitting and allowed in any zoning district, provided they are not located within the rights -of -way, fora period of six 60 days prior and ten (10) days after an election involving candidates for a federal, state or local election that involves a measure on the ballot of an election within the area. The content of the sign shall not be regulated. (A) Election Season Signs in Residential Districts: One temporalyt------ rormatted: Indent: Left: 9" sign per street fronta a that abuts the propeUy that is less than ei ht 8 square feet in area and six (6) feet in height, (B) Election Season Signs in Commercial and Industrial Districts: One temporary sign per street frontage that abuts the property that is less than eight f8) square feet in area and six (6) feet in height. Lots with street frontage in excessive of three hundred 300 feet shall be pennitted an additional sin for each additional three hundred 300 feet of frontage. 9 Properties for Sale or Lease. Pro erties that are being marketed for sale or lease are allowed to have one additional nonilluminated temporary sign per street frontage, not more than eight (8) square feet in area, provided the temprorary sign is removed within seven (7) days following the sale or lease of the property. 138 (10) Properties Under Construction. Properties that are actively under construction and for thirty (30) days after the issuance of a Certificate of Occupancy are permitted one additional temporary sign less than fort L440) square feet in area. 11 Garage Sales. One additional nonilluminated temporary sin not exceeding; six (66) square feet and not located within the right-of-wayis permissible in all districts for ten 0 0) days prior to a garage sale, as allowed under section 28.04.008 (b)(21). (12) Neighborhood Entrances. (f) Prohibited signs. No sign shall be attached or applied to trees, utility poles or trash receptacles or located within any public right-of-way. Signs with flashing lights or intermittent illumination shall be prohibited, except those signs that cannot be seen from the public right-of-way or as allowed under section 28.03.020(t)(3), section 28.03.020(f)(4), section 28.03.021(0(4), section 28.03.021(f)(5), section 28.04.003(b)(I), section 28.04.003(b)(3), section 28.04.003(c)(1) and section 28.04.003(c)(5). Signs shall not revolve or rotate. No sign shall resemble an official sign or marker erected by a governmental agency. No sign shall be placed on any property in such a manner to obstruct the view from the left or right of a vehicle from other traffic on the public right-of-way when lawfully entering the roadway. The city transportation manager shall have the right to order the removal of such signs by the property owner or by city crews, subject to a 10-day right of appeal by the owner to the board of adjustment, prior to removal. (g) Continuation and discontinuation of nonconforming si . All nonconforming pernanent signs, legally existing on the effective date of this chapter, may continue to exist; provided that signs which are fifty (50) percent or more structurally deteriorated shall be either removed or altered so as to comply with this chapter. Signs which are nonconforming because they have flashing lights or intermittent illumination shall be given thirty (30) days from the date of the adoption of this chapter to be brought into compliance with this chapter. (h) Bonding requirements. Signs shall not be located, constructed, erected, altered, attached, posted or painted, except by a bonded contractor whose primary business is sign work. All electrical sign work shall be performed by a licensed master sign electrician or a master electrician. 139