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HomeMy WebLinkAboutMarch 2021 PC Packet*AGENDA* PLANNING COMMISSION March 15, 2021 REGULAR MEETING PLANNING COMMISSION City Council Chambers, City all, 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 meetings will also be broadcast on the City's YouTube channel: https://www.youtube.com[channellUCnY6nNk8zfXZulMglzbwEBg AGENDA* ROLL CALL APPROVAL OF MINUTES Approval of the minutes of the Meetings held January 25, 2021. REGULAR MEETING 1) PZ2021-16: Request for Preliminary Plat approval of Highpoint Subdivision, Phase II, Beaumont, Jefferson County, Texas. Applicant: Daniel Dotson, P.E. of Fittz & Shipman, Inc. Location: Extension of Highpoint Avenue 2) PZ2021-46: Request for Preliminary Plat approval of Doguet's Diamond "D" Ranch, Phase 7, Jefferson County, Texas. Applicant: Donald R. King, P.E. of Fittz & Shipman, Inc. Location: West of Diamond D Drive, south of Michelle Lane JOINT PUBLIC HEARING 3) 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, Inc. c/o Janay Mommer Location: 3910 Eastex Freeway 4) 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, 28.04.005, 28,04.006, and 28.04.008(22). Applicant: City of Beaumont, Planning Division 5) PZ2021-36: Request for a Specific Use Permit to allow a Crematorium in a GC -MD (General Commercial Multiple -Family Dwelling) District. Applicant: Proctor's Mortuary Location: 3475 S. I Vh Street 6) PZ2021-45: Request for a Revised Specific Use Permit to allow the expansion of a school in a GC - MD (General Commercial -- Multiple -Family Dwelling) District. Applicant: Stephen West for Randy Clark Location: 10255 Eastex Freeway 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.m. with the following members present: Commission Members present: Chairman Sina Nejad Commissioner Johnny Beatty Commissioner Shawn Javed Commissioner Lynda Kay Makin Commissioner Roy Steinliagen Commission Members absent: Commissioner Bill Little Commissioner Tom Noyola Commissioner Taher Quraishi Commissioner Eddie Senigaur Alternate Commissioner Marty Craig Alternate Commissioner Erika Harris Alternate Commissioner Lauren Williams Mason Councilmembers 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 Community 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 easement Iocated 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. 2 Planning Commission January 25, 2021 JOINT PUBLIC HEARINGS Mayor Pro -Tern 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 -Tern Feldschau then turned the meeting over to Chairman Nejad to conduct the Joint Public Hearings. Councilmember Getz arrived at 3:16 p.m. Mayor Ames and Councilmember 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 #1. 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. Commissioner 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 II 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 cul-de-sac shall be no more 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: Highpoint 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 II Preliminary Plat Dear Mr. Boone, Consulting Engineers and Land Surveyors 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 Highpoint Subdivision, Phase Il 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 11 is completed, the street will have 65 residences. o 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) 664-8135 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: Dane! Dotson, Project Fngineer for the Firm 21006LT01 1405 Cornerstone Court • Beaumont, Texas 77706 • (409) 832-7238 • Fax (409) 832-7303 Texas Board of Professional Engineers Firm No. 1760 • Texas Board of Professionot Land Surveyors Firm No. 100786 q — a Eggz -� oil Ey loll Il 141 15 ;Dx all Pg iux 3i ]KE]Kt aza E t 11 a 5p' p ti a o f t gf P tj o - qga ac- V nR' 3 niprL111A,iva a rr q Fn m m wb I J ' I g x x q d a s I I f I Ida 6z"sg -0n 4 l I ja ilip tvEj 4 r I , L �xoycsrvru aP BEAUMONT Planning & Community Development Property Information SUBDIVISION APPLICATION A,P°udon printron lepisrre page X Preliminary Plat 11 Amended Plat* ❑ Final Plat* D Replat* ❑ Minor Plat" Q Vacate Plat iabdhdtton Name Add,-1 Lecet!un Highpoin Subdivision Phase II Highpolnt Avenue, Macy Circle .otw: Dracut): 18-36; 19-29 Block 1; Block 2 I e1 Acres: i of LoU: t of Untb: 6.869 30 Applicant Information Vame; dempar . Daniel Dotson, P.E. Fittz & Shipman, Inc. 4!. gAcid....; City: state: Zip; 1405 Cornerstone Ct. Beaumont TX 77706 rhonr• E..1; 409-832-7238 ddotson@fittzshipman.com Owner Information Name: c—parm Tom Cockerill DRC Construction, LLC tvtaing Address; CTLY2 state: ZIP; 6710 Eastex Fwy. Beaumont TX 77708 Ph-.: Finag; 409-554-8135 tom@drc-construction.com Dmiefs 5!gnatvre Date iaQ0 AppCkantslenature ~ Sale 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. S. 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 8. Flood zones and boundaries, if applicable, shown an map. Elevations for full subdivisions. 9. Addresses clearly displayed 10. Certificate of ownership signed, stamped and notarized 11. Certlficates 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. Wrju0aevidence of ownership. X 3, Cale of ma own on map, map to be drawn on a scale of one hundred (100) feet to inch or larger. X V1 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 8. 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 V f 10. Location of all existing pipeline easements with size, type of product and pressure. X 7 11. Name of registered surveyor/engineer responsible for preparing the plat. X 7777712. List of all restrictive covenants, conditions, and limitations to govern property being subdivided. Initial lI *Plats(odpinat signed document) to he Fired must he amcrnpanled by fling fees (City &County), tax certificates, digital Ries (CAD, .pdf and shapefile), and 2 copies of the pla t. sitnature ofr..Pondb!e Ent- erJsveyeyor Date Planning AppjjoIon Acceptance: l Jr ( 1 PLANNING & COMMUNITY srrnatn �— oath DEVELOPMENT Revised 3/2020 T 409.880.3100 F 409.880.3133 PO Box 38271 Beaumont, TX PZ2021-I6: Request for Preliminary Plat approval of Highpoint Subdivision, Phase H, Jefferson County, Texas. Applicant: Daniel Dotson, P.E. of Fittz & Shipman, Inc. Location: Extension of Highpoint Avenue 0 100 200 300 400 DATE: March 15, 2021 TO: Planning Commission FROM: Chris Boone, Director of Planning and Community Development SUBJECT: Consider a request for Preliminary Plat approval of Doguet's Diamond D Ranch, Phase 7, Jefferson County, Texas. FILE: PZ2021-46 STAFF REPORT Donald R. King, P.E., of Fittz & Shipman, Inc. has requested Preliminary Plat approval of Doguet's Diamond D Ranch, Phase 7. The project is located south of U.S. Highway 90 on the west side of Diamond D Drive in the Planning Area of the City of Beaumont's E.T.J. The 31.24 acre development is a thirty-six (36) lot, single family, residential subdivision. All lots will have frontage on the proposed Hercules Drive which has a sixty (60) ft. R.O.W. and twenty (28) ft. wide paved, curb and gutter street. Water will be provided by Meeker Water Supply Corporation and sewer will be individual septic systems. Since the subdivision lies within the Planning Area .of the E.T.J., Jefferson County construction specifications shall apply. The Planning staff recommends approval of the request. This item was sent to all interested parties. Exhibits are attached. GENERAL INFORMATION/PUBLIC UTILITIES APPLICANT: PROPERTY OWNER: LOCATION: EXISTING ZONING: PROPERTY SIZE: EXISTING LAND USES: Fittz & Shipman, Inc. Michael Doguet The project is located south of U.S. Highway 90 on the west of Diamond D Drive in the Planning Area of the City of Beaumont E.T.J. NA 31.240 acres, more or less Vacant FLOOD HAZARD ZONE: "X" — Areas determined to be outside the 500-year floodplain SURROUNDING LAND USES: SURROUNDING ZONING: NORTH: Residential NA EAST: Vacant NA SOUTH: Vacant NA WEST: Residential NA COMPREHENSIVE PLAN: Stable Area STREETS: Hercules Drive — Residential street with a 60' right-of- way and a 28' pavement width. DRAINAGE: Curb and gutter WATER & SANITARY SEWER Meeker Water Supply Corporation and individual SERVICE septic systems. Fittz&Shipman Ronald D. FiU4 P.E., R.P.L.S. (1948-1987) Terry G. Shipman, P.E., Senior Consultant Bernardino D. Tristan, P.E., Chief Executive officer February 19, 2021 Mr. Chris Boone Planning Department City of Beaumont P. O. Box 3287 Beaumont, Texas 77701 RE: Doguet's Diamond D Ranch, Phase 7 Preliminary Plat & Drainage Plan—31.240 Acres Dear Mr. Boone, Consulting Ehgineei•s and Land Sin've} ors Daniel A. Dotson, P.E., President Donald R. King, P.E., Vice President FS Proj. No. 20121 Submitted for your review and comment are two (2) prints and a .PDF file of the Preliminary Plat and Drainage Calculations for the proposed 31.240 acre Subdivision titled Doguet's Diamond D Ranch Subdivision — Phase 7. This proposed subdivision is within the 5-mile Extraterritorial Jurisdiction (ETJ) of the City of Beaumont, greater than 2 miles from the City Limits, and is generally located west of Diamond D Drive and south of Michelle Lane (approx. 3.5 miles from the Beaumont City Limits). This Preliminary Plat is also being submitted to Jefferson County and the Meeker Municipal Water District for review and approval. Phase 7 will consist of 36 residential lots which will be approximately 0.75 acre in size. Phase 7 will consist of the extension of Hercules Drive eastward approximately 995 feet from the intersection at Diamond D Drive which has been previously constructed. Street Right -of -Way for Hercules Drive will be 60 foot wide. Pavement for the residential street will be a 28 feet wide concrete street constructed to City of Beaumont Subdivision Standards with curb and gutter type construction and underground storm drainage. A 16 foot utility and drainage easement on will be provided on each side of the all road ROW`s. Front building set back line will be 40 feet. Sidewalks will be constructed on each side of the roadway as each residence is completed. The Master Plan for the entire 640k acre development shows this proposed street immediately south of Michelle Lane Drainage will be provided by underground storm lines along the residential streets which will then discharge northward to the existing Jefferson County Drainage District No. 6 (DD6) drainage channel 611D. This phase has been considered in the original sizing of the storm detention facilities located at the western end of Bond Road. All lots within this Phase are located outside of FEMA 100 year flood zones. Minimum required floor slab elevation based on historical flooding will be set at elevation 29.50 as noted on the Preliminary Plat. Domestic Water will be provided by extension of 8 inch diameter water lines west from Diamond D Drive and south from the western end of Michelle Lane to make a water line loop. Fire Hydrants will also be installed and a flush valves will be located at the west end of the proposed street. Sanitary Sewer will be provided by each homeowner by installation of individual aerobic treatment units with sprayfiolds or drip -irrigation in accordance with Jefferson County Environmental Control Standards. 1405 Cornerstone Court • Beaumont, Texas 77706 • (409) 832-7238 • fax (409) 832-7303 Tx Board of Prof Engineers Firm No. F-01160 Y Tx Board of Prof Land Surveyors Firm No. 100186 it Texas HUB Certified Contpany Mr. Chris Boone February 19, 2021 Page 2 Doguet's Diamond D Ranch — Phase 7 Preliminary Plat &Drainage Plan It is anticipated that the homeowners association for the subdivision will provide for street lighting, maintenance of right-of-ways and easements, etc. as well as to provide guidelines for residential construction within the subdivision as they did for Phases 1 & 2, 3A, 3B 4, 5 and 6. Addressing and proposed street name have previously been submitted to the Southeast Texas Regional Planning 911 office. Variances Requested: 1. Request for street length greater than 800 feet - Sec 26.03.0002 (8) Cul-De-Sacs and Sec. 26,03.0002 (11) Rural Standards: Extension of Hercules Drive. Request additional length due to large 0.75 acre rural lot layout. 2. Street Lights - Sec. 26.03.0002 (11) Rural Standards and Sec. 23.06.0008 Street Lights, Jefferson County does not assume costs for monthly power and maintenance for street lights, lights destroy the ambiance of a rural subdivision --therefore we request that requirement for street lights in ETJ rural subdivision be waived. Project Owner: DOGUET'S DIAMOND D RANCH LTD. MIKE DOGUET, OWNER 2055 DIAMOND D DRIVE BEAUMONT, TX 77713 409-866-8873 OFFICE 409-866-8883 FAX Please contact me regarding questions or comments. Sincerely, Fittx-IShipman, Inc. by: Donald R. King. , Pr jest 1=ngineer for the Firm 20121TROl Submitted Materials: n $350.00 Preliminary Plat Fee — check e $37.00 Addressing Fee - check s 2 prints - Preliminary Plat— Diamond D Ranch Subdivision Phase 7 (1 Sheet) e 2 prints — Drainage Area Map + Prelim. Drainage Calculations (3 Sheets — C2,00,2,10,2.20) e 1 copy — Warranty Deed 94-9413719 (Proof of Ownership) a 1 copy — Power of Attorney —Lisa Doguet to Mike Doguet Fittz&Shiipman, Inc. BEAUMONT Planning & Community Development Property Information SUBDIVISION APPLICATION X Preliminary Plat -1 Amended Plat F Final Plat — Replat F Minor Plat — Vacate Plat Su1A+,r—H— r�dd,euJlevYbl iDoguet's Diamond D Ranch Phase 7 Prop. Hercules Drive eI[sk Nxi[,k 6- 23 Block 6, 11-28 Block 7 6 & 7 ■dA.,ec ■dldc ldrrelre 31.240 36 NIA tticant Information came: Mr. Donald R. King, P.E. Filtz & Shipman, Inc. y.svua u or. S.": zq: 1405 Cornerstone Gourt Beaumont Texas 77707 409) 832-7238 dking@fittzshipman.com ner Information Mr. Mike Do guet Do uet`s Diamond D Ranch LTD. N.-rM*m arr. smr .. 2.a: 2055 Diamond D Drive Beaumont Texas 77713 ft- 409 866-8873 miked@doguetturffarm.com Michael D. Do uet 2 '�2— f r.,AS'L ,.,. Applicant check(✓) City Check(✓I Checklist of items required an PLAT to be filed: 1. Title or name of plat, meridian north paint, 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 Unes 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 8. Benchmark elevations on map 9. Flood zones, boundaries and elevations shown on map 10. Addresses clearly displayed 11. Certificate of ownership signed, stamped and notarized 12. Certificates of approval from City and County shown on map 13. All legal restrictions and regulations placed on the approval of plat shown clearly on map Checklist of items required an Preliminary Plat map: V 1. Title or name of plat, meridian north paint, vicinity map and name and signature of owner. I/ 2. Written evidence of ownership. 3. Scale of map shown on map, map to be drawn on a scale of one hundred (100) feet to inch or larger. !/ 4. Location of existing blocks, lots, alleys, easements, building lines, natural features and buildings. {/ S. Existing and proposed streets with street names. 6. Plan of subdivision with blocks, lots, alleys, easements, building lines, parks, dimensions and addresses. 7. Location of existing and proposed sewers, water, gas mains, as well as storm and drainage easements. a. Topography if the surface is markedly uneven. 9. Boundaries and elevations of all areas located In the flood hazard, 1/ 10. Location of all existing pipeline easements with size, type of product and pressure. 11. Name of registered surveyor/engineer responsible for preparing the plat. 12. List of all restrictive covenants, conditions, and limitations to govern property being subdivided. Pi IMW sr+n.rc d,e,ro-.s3b r�t:srrysurvr,�v Ronald Ft King, P D— Plannln Application Acseptance: Z ;G z` 4�n,Me ,ie Revised 11/19 Pt.i4NNIMis &CONFMJWff DMMLOPI4ENT T 409.880.3100 IF 409.880.3133 PO Box 3827 1 Beaumont, TX Sul dlvislan Name Address / Location Doguet's Diamond D Ranch Phase 7 Prop. Hercules Drive Lat(s): elock(s): 6- 23 Block 6, 11-28 Block 7 6 & 7 # of Acres: # of lots: # of Units: 31.240 36 N/A Applicant information Name: Company: Mr. Donald R. King, P.E. Fittz & Shipman, Inc. Malling Address: City: State: Zip: 1405 Cornerstone Court Beaumont Texas 77707 Phone: Emalh (409) 832-7238 dking@fittzshipman.com Owner Information Name: Company: Mr. Mike Doguet Doguet's Diamond D Ranch LTD. Mailing Address; city: State: zip: 2055 Diamond D Drive Beaumont Texas 77713 Phone: Email: (409) 866-8873 A mikedC@doquetturffarm.com R-Z;"k) &t" Owner's Signature Mic?ael D. Doguet Applicant Signature anal g, P.E. � Date�� Date 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 8. Benchmark elevations on map 9. Flood zones, boundaries and elevations shown on map 10. Addresses clearly displayed 11. Certificate of ownership signed, stamped and notarized 12. Certificates of approval from City and County shown on map 13. All legal restrictions and regulations placed on the approval of plat shown clearly on map Checklist of items required on Preliminary Plat map: 1. Title or name of plat, meridian north point, vicinity map and name and signature of owner. 2. Written evidence of ownership. 3. Scale of map shown on map, map to be drawn on a scale of one hundred (100) feet to inch or larger. 4. Location of existing blocks, lots, alleys, easements, building lines, natural features and buildings. S. Existing and proposed streets with street names. V 6. Plan of subdivision with blocks, lots, alleys, easements, building lines, parks, dimensions and addresses. 7. Location of existing and proposed sewers, water, gas mains, as well as storm and drainage easements. 8. Topography if the surface is markedly uneven. 9. Boundaries and elevations of all areas located in the flood hazard. f✓ 10. Location of all existing pipeline easements with size, type of product and pressure. 11. Name of registered surveyor/engineer responsible for preparing the plat. 12. List of all restrictive covenants, conditions, and limitations to govern property being subdivided. VMK AJ Initial Initial HIM yXj,N ZI Ilk gill 1 • `s€�e$ S 9i= lief d v_ s� e wn 3 �5 211 w0 lit: '� I � ��§•@ $ P = a 6"k' ter:•: a � y ae a� ae s s s" r i••• a q i lb His . r, 1Is s m cos_}G_ x ■ 4. 4 7 o k; '! i a aa y k c, �j~ fir z'� -Iz— 3 , 0 3 = n Ft a9 € 8 a�w m �_ �Eu a dpr;o a € R z�-< I P'll Pill ��� �� �3 �8 as ���a6 c� �§� ���� �� � o�i � : � •�+. „ i � ..�,..:�.. BLOC 7 9 V SCnFY.'e uS1Y M 9H37 BLOCK 6 m c a) sg 'T1 o r Z N �� OYq➢ r E �i �j}itY .'f➢1 n v c zw r� CD°fda 01 �" ro ➢•. � cia �� „{G yiA co MA fy a y a ��ee B$i� F: 's �t Al N CDC-i x0 M o➢ a a 3� a� r CDC�(� "{ O G s i fir. g r e f 'Z2021-46: Request for Preliminary Plat approval of Doguet's Diamond "D" Ranch, Please , Jefferson County, Texas. Lpplicant: Donald R. Ding, P.E. of Fittz & Shipman, Inc. ,ovation: West of Diamond D Drive, south of Michelle Lane 0 500 1,000 i I I Feet DATE: March 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) Conditions: Application Application is in is not in Comments compliance compliance Attached 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 INFORMATIONIPUBLIC UTILITIES APPLICANT: Lars Anderson & Associates, Inc. c/o 7anay 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: FLOOD HAZARD ZONE: SURROUNDING LAND USES: NORTH: Commercial EAST: Vacant/Commercial SOUTH: Vacant/ WEST: Commercial COMPREHENSIVE PLAN: STREETS: DRAINAGE: WATER: SANITARY SEWER SERVICE: Home Depot X — Area determined to be outside the 500 year flood plain. SURROUNDING ZONING: GC -MD (General Commercial — Multiple - Family Dwelling District) GC -MD GC -MD GC -MD Stable Area Eastex FrM northbound feeder road — Freeway with 260' wide right-of-way and 22' pavement width. Curb and Gutter 8" Water line 8" Sanitary sewer line PROPERTY OWNERS NOTIFIED WITHIN 200' 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. SPECIFIC USE PERMIT APPLICATION BEAUMONT, TEXAS (Chapter 28, City Codes) TO: TIE 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 : 559-276-0850 NAME OF PROPERTY OWNER: Home Depot U.S-A., Inc. do Suzanne Russo ADDRESS OF PROPERTY OWNER: 2455 Paces Ferry Road, Atlanta, GA 30339 LOCATION OF PROPERTY: 3910 Eastex Freeway, Beaumont, TX 77703 LEGAL DESCRIPTION OF PROPERTY: LOT NO. OR BLOCKNO. ' ADDITION HOME DEPOT-GENECOV 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 proposed for a specific use permit, and a complete legal field note description. PROPOSED USE -Tool Rental Center and Equipment Rental ZONE - 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 ° PHOTO COPY OF 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 TM, APPROPRIATE APPLICATION FE, l : LESS THAN'tz ACRE ....................... .......................................... $250.00 AK ACRE OR MORE 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 amcndc j- p'-bycityfCouncil. SIGNATURE OF APPLICANT:. SIGNATURE OF PROPERTY PLEASE TYPE OR PRINT AND SUBMIT HLE NUMBER: © I- la CITY OF BEAUMONT PLANNING DIVISION 801 MAIN STREET, ROOM 201 BEAUMONT, TX 77701 Phone - (409) 880-3764 Fax - (409) 880-3110 R 01 /13/2021 PLEASE NLUM NOTE ON REVERSE SIDE OF CONDITIONS TO j38,-vjErRECyARDjV0 TILE sI E PLAN AND LETT K OF PROPOSED USES AND Ac;T1Vn'1ES. Home Depot "fool 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' tali 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 overnight 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. H. 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 Backhoe • Used for loading, carrying, and transporting materials ■ Electrical, plumbing, and irrigation installation or repairs ■ Grading and leveling Skid 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 w Sign and lighting repair Light Tower ■ Job site illumination i ■ Sports activities x Event setups Material Handling ■ Transport concrete, stone, materials and aggregate • Construction and demo site clean up 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 Skid Steer ■ Grading and leveling ■ Load, carry and spread materials • Landscaping, construction and property improvement ■ Light demolition work PZ2021-12: Request for a Specific Use Permit to allow a tooI rental and equipment rental store in a GC -MD (General Commercial — Multiple -Family Dwelling) District. Applicant: Lars Anderson & Associates, Inc, c/o Janay Mommer Location: 3910 Eastex Freeway 0 100 200 1 1 1 IF DATE: March 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 28.01.004, 28.03.018, 28.03.020, 28.03.021, 28.04.003, 28.04.005, 28.04.006, and 28.04.008(22). 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 28.01.004, 28.03.018, 28.03.020, 28.03.021, 28.04.003, 28.04.006 and 28.04.008(22) 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. In addition, new definitions of advertising signs and on -premise signs will allow for the ongoing enforcement of billboards without the need to rely on the content of the sign to do so. Exhibits are attached. use existing at the time of the adoption of this chapter shall not become nonconforming as a result of a specific use permit requirement. Open space. Area included in any side, rear or front yard or any unoccupied space on the lot that is open and unobstructed to the sky except for the ordinary projections of cornices, eaves, porches and plant material. Planned unit development. A district with development characterized by a unified site development plan which may provide for a mixture or combination of residential, recreation and open space, and commercial uses. Registered child care home. A home -based child care facility where the caregiver cares for up to six (6) children under the age of fourteen (14); they may also take in up to six (6) more school -age children. The number of children allowed in a home is determined by the ages of the children. No more than twelve (12) children can be in care at any time, including children of the caregiver. Shopping center. A group of commercial establishments which is planned, developed, owned, and managed as a unit related in its location, size and type of shops to the trade area that the unit serves. Si n. Any permanent, temporary, or portable structure or pail thereof, or any device attached to, painted on, or represented on a building, fence, or other structure, upon which is displayed or included any letter, word, mode, banner, flag, pennant, insignia, decoration, device, or representation used as, or which is in the nature of, an announcement, direction, advertisement, or other attention -getting device. Sign. advertising. Any sign, other than an aceessefy owner ide tifleat:,, sign, „chic diFeets attentionto a business, commodity,ser-yict- billboard,intended to be leased or for which payment of any type is intended to be or is received for the display of any good, service, brand, slogan, commercial message, product or company, except that the term does not include a sign that is leased to a business entity and located on the same property on which the business is located or a sign located on property owned or leased for the sole purpose of displaying a sign. Slen area. The sign area shall be the area of rectangular enclosures of the entire sign other than structural supports. Sign, electronic reader board. A sign or portion thereof that uses changing lights to form a sign message or messages in text form wherein the sequence of messages and the rate of change is electronically programmed and can be modified by electronic processes which is attached to or a part of a detached owner identification sign. A signn AM „b ieh the only GOPY that changes is an eleCtV nhn nl 4i nira njl:nn4iE) rti . p 4 [ 15 v-vi- [n fifneAemperatuFe poA gn and not a eaemmmeweiaul messap or- an elewenic reader board sign fbi! purposes of this chaptep. Si !l ,Mobile. Signs which are on or, otherwise affixed to trucks automobiles trailers or other vehicles used primarily to support or dis lay such si Els while parked. Sign, owner identification. A sign other than an advertising sign which is located on the same lot or development as the good or service for which the sign is intended and is not intended to be leased, or for which payLnent of any type is intended to be or is received, for the display of M good, service, brand, slogan, commercial message, product, or company. na pei4ains nhy to the use of that pr-emisesAnd- A,h:nhevent a..., information a 4n g to theFiaiiAe of the nt ,l nY' yy opa�l y n management n atn with the use f thn e,+., the kind o f Nasiness Y the brand name of the Principal involved in the condua of the business, but not including the names of subsidia pEeducts being -,old, Sign. ,portable. Any sign that is not permanently attached to the ground or any other structure and is designed to be moved from place to place. Sign. jemporga._ A banner, poster, or advertising display constructed of paper, cloth,___ Formatted: Font: Italic plastic sheet, cardboard, plywood, or other like materials that appears to be intended to be dis la ed for a limited period of time. Structural alterations. Any change in the supporting or structural members of a building, including but not limited to bearing walls, columns, beams or girders, or any substantial change in the roof or in exterior walls. Structure. Anything constructed or erected, the use of which requires permanent location on the ground or attached to something having pennanent location on the ground. Temporarportable storage container. A purpose-built, fully enclosed, box -like container that is designed for the temporary storage of furniture, clothing or other personal or household belongings as part of the process of household renovation or moving or the relocation of household belongings to an off -site commercial storage location. Such containers shall not be used to store solid waste, business inventory, commercial goods or any illegal or hazardous materials, nor shall such containers be used for human or animal occupation. Such containers are uniquely designed for ease of loading to and from a transport vehicle, would otherwise not permit the historical use. Accessory uses, including fundraising activities, may be approved as a part of the specific use permit. (c) Area and height regulations. The area and height regulations shall be determined by the underlying zoning district classification. (d) Supplemental regulations. Buildings, structures, sites and areas zoned "HC-L" shall be subject to the following regulations and to the regulations set forth in section 28.02.007 of this chapter. (1) Exterior alterations and changes. No person or entity shall construct, alter, change, restore, remove, demolish, or obscure any exterior architectural feature of a building or structure located in an HC-L, Historic - Cultural Landmark Preservation designation, unless first applying to and receiving from the historic landmark commission a certificate of appropriateness as set forth in section 28.02.007. (2) Demolition or removal of a building or structure. No building or structure awarded an HC-L, Historic -Cultural Landmark Preservation designation, shall be demolished or removed without the approval of the historic landmark commission or the city council as set forth in section 28.02.007. (3) Omission of necessary repairs. Buildings and structures awarded an HC- L, Historic -Cultural Landmark Preservation designation, shall be maintained so as to ensure the structural soundness and integrity of the building or structure and its exterior architectural features as set forth in section 28.02.007. (Ordinance 93-28, sec. 1, adopted 6/29/93; 1978 Code, sec. 30-21.1) fA cm See. 28.03.018 Historic -Cultural Landmark Preservation Overlay District (a) Definitions. Unless the context clearly indicates otherwise, in this section: Attention -getting device. Any device, except for permitted signs and flags, that is used for the purpose of attracting the attention of the public to a commercial establishment. An attention -getting device shall include, but not be limited to, streamers, flags (other than U.S. or state), balloons, pennants or decorations. Banner. A type of sign that is generally constructed of lightweight plastic, fabric or a similar 43 non-rip,id material and that is mounted/tethered-to a ole s building or other structure at one (1) or more edges. Bloc ace. All of the lots on one side of a block. Certificate of gppiWiiateness. A certificate issued by the city to authorize the alteration of the physical character of real property in a district, or any portion of the exterior of a structure on the property, or the placement, construction, alteration, nonroutine maintenance, expansion, or removal of any structure on or from the property. Column. The entire column including the base and capital, if any. Contributing structure. A structure which physically or historically contributes to the historic value of an historic district. Corner side facade. The main building facade facing the side street. .Director. The director of the planning division or his/her representative. Educational land uses. (See "Institutional land uses.") Exterior architectural feature. Means, but shall not be limited to, the kind, color and basic texture of all exterior building materials and such features as windows, doors, lights, signs and other exterior fixtures. Fluorescent color. Colors defined (Munsell Book of Color) as having a minimum chroma value of eight (8) and a maximum of ten (10). Front facade. The main building facade facing the street upon which the main building is addressed. Furniture, street. Man-made, above -ground items that are usually found in street rights - of -way, including benches, kiosks, plants, canopies, shelters and phone booths. Institutional laird uses. Those properties owned or otherwise administered by organizations of higher education, vocational training centers and museums. Churches, synagogues, social, civic, fraternal and professional organizations, specialty schools, residential care facilities, day care centers, nursing homes, clinics and hospitals and all other uses not specifically excluded are bound by the terms of this section. Masonry paver. A solid brick or block of masonry material used as a paving material. 44 Metallic color. A paint color which has pigments that incorporate fine flakes of bronze, aluminum, or copper metal. Move -in bididin . A building that has been moved onto an existing lot. Preservation criteria. The standards considered by the director and the historic landmark commission to determine whether a certificate of appropriateness should be granted or denied. Rehabilitation. The process of returning a property to a state of utility, through repair or alteration, which snakes possible an efficient contemporary use while preserving those portions and features of the property which are significant to its historic, architectural, and cultural values. Sin fence. Signs attached or affixed to any type of fence. Sipn. inobile. liminess sSigns used to advi4ise an establishment or se...-c which are on or, otherwise affixed to, trucks, automobiles, trailers or other vehicles used primarily to support or display such signs while parked. Sign, moving. Signs which in whole, or part, do not remain stationary at all times, regardless of power source which effects movement. Sign Portable. Any sign that is not permanently attached to the ound or any other structure and is designed to be moved from lace to lace. Trim colon•. A paint color other than the dominant color. Stain is not a trim color. Trim color does not include the color of screen and storm doors and windows, gutters, downspouts, porch floors and ceilings. (b) Reconciliation with other ordinances. All city codes, as amended, apply to all historic districts unless expressly modified by ordinance. (c) Enforcement. (1) Certificate of qpPropriateness required. A person commits an offense if (s)he is responsible for an alteration of the physical character of any real property located in an historic district, or any portion of the exterior of a structure on the property, or the placement, construction, maintenance, expansion, or removal of any structure on or from the property, unless the act is expressly lawfully authorized by a certificate of appropriateness. 45 (i) The structural support of the sign must be located at least five (5) feet fi•om any public right-of-way or property line dividing properties of different ownership. No part of any sign shall overlay any property line. (ii) The sign must be six (6) feet or less in height; (iii) The sign shall not be illuminated; and (iv) The sign shall not exceed twelve (12) square feet in area. (B) Attached signs. No more than two (2) attached signs are permitted on each building. Each sign must: (i) Not be illuminated, except by one external floodlight not to exceed one hundred fifty (150) watts in power; (ii) Not exceed six (6) square feet in area; and (iii) Not be located in or in front of any window or doorway. (C) Prohibited signs. The following types of signs are prohibited in an historic district except those outlined in Section 28.04.003 (e) of this chapter: (i) Advertising signs; (ii) Illuminated signs; (iii) Neon or fluorescent signs; (iv) Signs affixed, either permanently or temporarily, to street furniture; (v) Pei4able Portable signs, exeluding pehtieal and fealty signs as defined in section S-.04.004 28.01.004, sign regulations, as outlined in the city Code of Ordinances; (vi) Mobile signs; (vii) Moving signs; and (viii) Fence signs. 49 eone Ti S cjd (ix) Banners— fi��-��a iuse,..to -e.:..l, (1) .-.- one (I) state-fl;}g, neitheF to exceed fout- in sip (x) Other attention -getting devices used by conunercial establishments. (9) bitter/trash and Junk. Section 12.07.001 larticle 12.071, litter control and sections 22.05.051 through 22.05,061, solid waste collection by the city, as outlined in the city Code of Ordinances, applies to all properties within any historic district. In addition, an approved container as defined by same must be located in the rear yard of the subject property with exception allowed for pickup and disposal of said litter not to exceed a twenty -four- hour period. All fixed or otherwise immobile trash containers must be set back from the property line no less than twenty-five (25) feet or be completely screened from view from any street via landscaping and fencing. (10) Outdoor furniture. Furniture or appliances which are constructed of materials which are intended for indoor use only or would otherwise be susceptible to water damage, rot or destruction must not be placed on an open porch or outdoors. (11) Outdoor merehandisin. No business shall display any merchandise outdoors within a historic district. (f) Rehabilitation guidelines. The following standards for rehabilitation shall be employed by the director and the historic landmark commission to evaluate a certificate of appropriateness. (1) Every reasonable effort should be made to provide compatible uses for properties mandating minimal alteration of the building, structure, or site and its environment. (2) The distinguishing original qualities or character of a building, structure, or site and its environment should not be destroyed. The removal or alteration of any historic material or distinctive architectural features should be avoided when possible. (3) All buildings, structures, and sites should be recognized as products of their own time. Alterations that have no historical basis and which seek to create an earlier appearance will be discouraged. so (1) The UC, Urban Corridor Overlay District, in general is intended to preserve and improve the physical environment along Martin Luther King Parkway; promote the public safety, welfare, convenience and enjoyment of travel and the free flow of traffic along this corridor; ensure that signage provides the essential identity of facilities along this roadway; and prevent needless clutter in appearance along this corridor. (2) This district supplements the regulations of the underlying zoning district classifications. The zoning map shall reflect the designation of an Urban Corridor Overlay District by the letters "UC" as a suffix to the underlying zoning district classifications. (b) Definitions. Unless the context clearly indicates otherwise, in this section: Sign. attached. A sign which is attached to or painted on the outside face of a building. An attached sign is also erected parallel to the face of the building, supported by the building and does not extend more than eighteen (18) inches from the face of the building wall or above the roof line of the building to which the sign is affixed. Sian. detached. A sign which is wholly supported by one (1) or more columns, uprights or braces in the ground and has no support to a building, canopy or facade. S`gn, electronic reader board. A sign or portion thereof that uses changing lights to form a sign message or messages in text forth wherein the sequence of messages and the rate of change is electronically programmed and can be modified by electronic processes which is attached to or a part of a detached owner identification sign. A-&igx on �"ieh th@ qHly cop), that ohallges jr, an eieetFenie or- ineehanieal indication of time or t .atur shall b� •a ea , "t; „le%Bpeyature" portion f a sign and not Sin ence. A sign attached or affixed to any type of fence. Sinn. mobile. A business sign used to ad. _ {:__ an establishment or servioes-which are is on or affixed to trucks, automobiles, trailers or other vehicles used primarily to support or display such signs while parked. Sian, movirre. A sign which in whole, or part, does not remain stationary at all times, regardless of the power source which affects movement. Stern, portable. Any sign that is not permanently attached to the ground or any other structure and is designed to be moved from place to place. 63 Siva tJ,y. emnormy A poster, or advertising display constructed of paper, cloth, plastic sheet, cardboard, plywood or other like materials that appears to be intended to be displayed for a limited period of time. _(c) Permitted uses. The pennitted uses in. the DC, Urban Corridor Overlay District, shall be determined by the underlying zoning district classification. (d) Boundaries. The boundaries of the Urbana Corridor Overlay District shall extend a distance of two hundred (200) feet from the street right-of-way of Martin Luther King Parkway from I-10 East to Cardinal Drive. (e) Area and height regulations. The area and height regulations shall be determined by the underlying zoning district classification. (f) Sign regulati©ns. Signs shall not be permitted within an Urban Corridor Overlay District except as specifically authorized in this section. (1) Permit requirements. No sign, unless herein excepted or where permitted by section 28.64.003 (e) of this chapter., shall be located, constructed, erected, altered, posted, attached or painted until a building permit has been approved by the chief building inspector in accordance with the requirements of this chapter and the International Building Code. (2) Prohibited signs. In addition to the prohibited sigps listed in section 28.04,003(f), Tthe following types of signs are prohibited in this Urban Corridor Overlay District: (A) Off -premises advertising signs. (B) Mobile signs. (C) Moving signs. (D) Portable signs. For the purpose of this section, trailer signs and signs on benches are considered to be portable signs. (E) Pence signs. (F) Banners, exeept feF grand opening signs. (3) Signs in residential-W districts. Signs shall not be permitted in urban corridor overlay residential districts except as specifically authorized in this section as well as section 28.04.003 of this chapter. 64 (A) One (1) detached identification sign may be constructed to identi at the entrance of a single-family residential development of ten (10) acres or more. Such signs will be subject to the following conditions and restrictions: (i) Building wall signs will be prohibited. subdivisien. The content of the sign mgy not be regulated. (iii) The sign shall not exceed twenty (20) square feet in area. (iv) The sign shall not exceed a height of five (5) feet above the ground. (v) The sign shall not be illuminated except by reflective floodlight type illumination. There shall not be any flashing or intermittent Iight. vi-,i) The sign shall be placed within a landscaped setting containing not less than one hundred twenty (120) square feet. (viR) All parts of the sign shall be located a nninimum of fifteen (15) feet fi•om the property line. (viili) The sign shall meet the wind load requirements of the building code. (B) One (1) detached owner identification sign shall be permitted for a multiple -family development, nonresidential, or institutional building for each abutting street subject to the following conditions and restrictions: (i) The sign shall not exceed twenty (20) square feet in area. (ii) The sign shall not exceed five (5) feet in height. (iii) Except for electronic reader board signs, no sign shall be lighted except by reflective floodlight type illumination. There shall not be any flashing lights or any type of intermittent illumination, except as allowed below. 65 (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 eel sign face 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 [ofl 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. xccc-rn-ui Z. ;-Pal tstate signs, --ature, not exceeding mole 11[im f estate for sale r lease 9 a1 star previded that only ane (1) sueli sign shall be pet, •....ii#ed. AM. n1, street fFent;, g t1, b f property. to emeeed C", (4@) square feet in area architect, finaneial f general > pertaining to th erevi.1 fl .,t th" „! on ( r�}vvc> y �e \I� 1 s• each 5tRet abutting the ' ri E1 t • f direetienal signs, ess t1 eight 72 \ P1 t to at . iXt (60) days le than eight (8)square "at illuminated, when r,ln ed within„ a i,;d t•all. zonedArea.121e flA signs must be aved7 withintell !1 W, do n#or the election. (1[4) Grand e 2n111 T- ..ot edi •, twenty (20) square feet i area when it and not b feet4n area and five (5) feet eight wheii it is a detached sign, ': k� v'b'1 11iv d,�o--.rvrds-"G ad7 nd Opening" on! „ muss r -:rrieTTr filleen di building Permit train ! (I) Traditional and national, state and tAigious_holiday seasonal displays eFeeisrczt advertising to t provisions of this chapter, •t. shall be subject t the fir ede and ob ".�_,cac- -icy-�r`- [other gulat;d, si o f the (Ordinance 93-62, sec. 1, adopted 10/26/93; 1978 Code, sec. 30-23; Ordinance 08- 021, secs. 3-5, adopted 3/18/08; Ordinance adopting Code; Ordinance 12-031, sees. 1-4, adopted 6/26/12; Ordinance 12-074, sec. 8, adopted 9/25/12) 0— v See. 28.03.021 Mai or/Dowlen/Gladys/Hwy. 105 Sign Overlay District regulations (a) General purpose and description. The Major/Dowlen/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 fine flow of traffic along the sheets 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: Allention-geffing device. 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. Rrontage. That portion of any tract of land which abuts a public street right-of-way, measured along the street line. 73 Multi -tenant business develo »rent. A development under the same ownership consisting of two (2) or more business establislunents separated by a tenant separation wall, using common driveways and on -site parking facilities, including, but not limited to,. shopping centers, office complexes, office buildings and business parks. Retail co - branding shall not be considered a multi -tenant business development. .Sign, advertising. Sijzn, adverasii?g. A sign intended to be leased or for which payment of any type is intended to be or is received for the display of any good,service brand slogan, message, product, or company, except that the teen does not include a si n that is leased to a business entity and located on the same property on which the business is located or a sin located on propeM owned or leased for the sole purpose of displaying a sign.. A igner other business, eommodity or sefviee— Sign banner. A type of sign that is generally constructed of lightweight plastic, fabric or a similar non -rigid material, and that is mounted/tethered to a pole(s), building or other structure at one (1) or more edges. 9 or for a product or servic pf'Wided by that business. National, state or local goveniffient flags are __'. Consider@-, bay Sign. detached. A sign which is wholly supported by one (1) or more columns, uprights or braces in the ground and has no support to a building, canopy or facade. Sign. double_ faeed. A single sign with two (2) parallel sign faces back-to-back. Mgn, electronic reader board. A sign or portion thereof that uses changing lights to form a sign message or messages in text form wherein the sequence of messages and the rate of change is electronically programmed and can be modified by electronic processes which is attached to or a part of a detached owner identification sign. A-a+gn on _a_ the _b, copy that ehanges-is aH plantro r_nr meehanical indication „Ftor temperature shall be eonsidMd a ;. 's ae portion of a sign and not Sin acirr . The facing of any sign upon, against, or through which the a message 1. ogo or design is displayed or illustrated; provided however, for signs in which the words, letters or symbols are independently mounted, the sign facing, forg, the_nurpose of measuring the size of the sign, shall mean the smallest regular geometric forth containing all of the individual words, letters and symbols. Size of the sign shall be determined by the lettering. However, if there is background in addition to the 74 lettering, background material shall be included if the background is uniquely associated with the letters. Sinfence. A sign attached or affixed to any type of fence. Sign, mobile. 3_gn, nrobile Signs which are on or, otherwise_ affixed to, trucks, automobiles, trailers or other vehicles used primarily to support or display signs while parked. A business sign to f , sueh signs while parked. Sign, monument. A sign that is an independent structure supported from grade to the bottom of the sign with the appearance of having a solid base. Sign. naoyy . A sign which in whole, or part, does not remain stationary at all times, regardless of the power source which affects movement. the nalne of the -owner, siell. 03vopel. W& Pt?. A si which is iecated on the same lot or development an or- FAanagement asseciMed with the use of pFE)perty, the kind of business or the brand namee of the pfftneipal o0inmedity sold on eend but net the names of subsidiary pr-eduets A^,� b 3V3�:Y: Si n� owner identification. A si n other than an advertising sign which is located on the same lot or develo ment as the good or service for which the sin is intended and is not intended to be leased or for which payment of any We is intended to be or is received for the displaydisplg!y of any good,service brand slogan, message roduct or company. Sign. pennant. A sign consisting of a series of flags constructed of cloth or other limp material. Sign portable. A sign not permanently affixed to the ground or to a building, which is designed to permit removal and reuse. 75 Thence north 1,400 feet, more or less, to a point at the southeast corner of Western Hills, Unit 2, mobile home subdivision recorded in the J.C.M.R.'s in Vol. 11, Page 42; thence continuing north along the east line of Western Hills, Unit 2 a distance of 810 feet to a point for corner in the south right-of-way line of the 60-foot-wide Tolivar Road right-of-way; thence north 32' cast a distance of 70 feet to the place of beginning, containing an area of 2,613 acres or 4.08 square miles, more or less. (e) Area and height regulations. Minimum lot area, width, depth, yard and building height shall be determined by the underlying zoning district classification. (f) Sian regulations. Signs shall not be permitted within the Major/Dowlen/Gladys/Hwy. 105 Sign Overlay District except as specifically authorized in this section. (1) Permit requirements. No sign, unless herein excepted, or where permitted by section 28.04.003 (e) of this code. shall be located, constructed, erected, altered, posted, attached or painted until a building permit has been approved by the building official in accordance with the requirements of this chapter and the International Building Code. (2) Prohibited signs. In addition to the prohibited signs listed in section 28.04.003{f), the following types of signs are prohibited in this overlay district: (A) Advertising signs. (B) Mobile signs. (C) Moving signs. (D) Portable signs. For the purpose of this section, trailer signs and signs on benches are considered to be portable signs. (B) Fence signs. (F) Pennants, decorations or other attention -getting devices. (3) Sight distance. No sign shall be located within a 30-foot by 30-foot triangular shaped portion of land established at street intersections and driveway/street intersections in such a manner as to limit or obstruct the sight line of motorists entering or leaving the intersection. A two (2) square 79 foot in area directional sign may be located within the required sight triangle. (4) Sims in -residential -MD districts. Signs shall not be permitted in Major/Dowlen/ Gladys/Hwy. 105 sign overlay residential districts except as specifically authorized in this section. (A) One (1) detached identification sign may be constructed at each entrance to identify a single-family residential development. Such signs will be subject to the following conditions and restrictions: (i) Building wall signs will be prohibited. (il) The si--n--mustt L. for- pemiafient :denti eatio n ;f u The content of the sign ma not be regulated.� (iii) The sign shall not exceed twenty (20) square feet in area. (iv) The sign shall not exceed a height of five (5) feet above the ground. (v) The sign shall not be illuminated except by reflective floodlight type illumination. There shall not be any flashing or intermittent lights. (vi) All parts of the sign may be located at the property line. (vii) The sign shall meet the wind load requirements of the building code. (B) One (1) detached sign shall be permitted for a multiple -family development, nonresidential or institutional building for each abutting street, subject to the following conditions and restrictions: (i) The sign shall not exceed fifty (50) square feet in area. (ii) The sign shall not exceed six (6) feet in height. (iii) The sign shall not have any flashing lights, any type of intermittent illumination or revolve in any manner, except as allowed below: 80 a. Electronic rea€leF beard signs shall not be permitted, except as an attachment to or a part of a detached owner identification sign. b. The message -copy, sign face may change no more than once every forty-five (45) seconds. C. The sign face shall not include any flashing, flowing, alternating or blinking lights or animation. d. Electronic eadep4card-signs that are part of a detached owner identification sign shall be allowed to have multiple colors. e. As measured at the property line, the maximum light emanation from a sign shall be no greater than 0.2 footcandles. f. Electronic reader board -signs shall not be permitted in historic, district. (iv) All parts of the sign may be located at the property line. (v) The sign shall meet the wind load requirements of the building code. (vi) The sign shall be placed in a landscaped setting of not less than one hundred twenty (120) square feet. (C) One (1) attached ewner iden4ifleatie sign per multiple -family dwelling development or institutional building shall be permitted for each street abutting the development subject to the following conditions and restrictions: (i) The sign shall be attached to or painted on the outside of the building. (ii) The attached sign shall be erected parallel to the face of the building, supported by the building and shall not extend more than eighteen (18) inches from the face of the building wall. 81 (iii) The sign shall not exceed the height of the wall of the building to which it is attached. (iv) The sign shall not be lighted except by reflective floodlight type illumination. There shall not be any flashing or intermittent lights. (v) No sign shall 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. (5) Sirens in commercial and industrial -AM districts. Detached signs shall not be permitted in Major/Dowlen/Gladys/Hwy. 105 Overlay commercial and industrial districts except as specifically authorized in this section. (A) Sin le tenant business establishment. (i) Developments with less than eighty thousand (80,000) square feet in gross building area shall be permitted one (1) detached Amvner ident "'^'tion monument sign per street frontage that abuts the property. Developments with eighty thousand (80,000) square feet of gross building area or greater or developments with six hundred (600) feet or more of street frontage shall be permitted two (2) detached :ire t;n ati ; n signs per street frontage that abuts the property. (ii) These signs shall be permitted subject to the following conditions and restrictions: a. The sign shall not be greater than six (6) feet in height, the maximum height being measured from twenty-four (24) inches above the curb height adjacent to the property. b. The sign shall not exceed seventy (70) square feet in area with the sign facing not to exceed sixty (60) square feet. C. All parts of the sign may be located at the street right- of-way and shall be located a minimum of ten (10) feet from any other property line. 82 d. The sign shall not revolve or rotate in any manner nor shall it have flashing lights or any type of intermittent illumination, except as allowed below: 1. Electronic reader board signs shall not be permitted, except as an attachment to or a part of a detached owner identification sign. 2. The signn_facemessage-espy-may change no more than once every forty-five (45) seconds. 3. The sin facevpy-shall not include any flashing, flowing, alternating or blinking lights or animation. 4. Electronic reade signs that are part of a detached owner identification sign shall be allowed to have multiple colors. 5. As measured at the property line, the maximum light emanation from a sign shall be no greater than 0.2 footcandles. e. 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. (B) Multi -tenant business development (i) Developments with less than eighty (80,000) square feet in gross building area shall be permitted one (1) detached ovinef ident monument sign for each street frontage that abuts the property. Developments with eighty thousand (80,000) square feet of gross building area or greater or developments with six hundred (600) feet or more of street frontage shall be permitted two (2) detached owner identification signs per street frontage that abuts the property. (ii) These signs shall be permitted subject to the following conditions and restrictions: 93 a. The sign shall not be greater than twenty (20) feet in height, the maximum height being measured from twenty- four (24) inches above the curb adjacent to the property. b. The sign shall not exceed two hundred forty (240) square feet in area with the sign facing not to exceed two hundred (200) square feet. C. All parts of the sign may be located at the street right- of-way and must be located a minimum of ten (10) feet from any other property line. d. The sign shall not revolve or rotate in any manner nor shall it have flashing lights or any type of intermittent illumination, except as allowed below: 1. Electronic feade- signs shall not be permitted, except as an attaclunent to or a part of a detached ewneF i4en44iron-sign. 2. No more than sixty (60) square feet shall be dedicated to electric changeable copy. 3. The message copy may change no more than once every forty-five (45) seconds. 4. Message copy shall not include any flashing, flowing, alternating or blinking lights or animation. 5. Electronic -ender ooafsigns that are part of a detached owner identification sign shall be allowed to have multiple colors. 6. As measured at the property line, the maximum light emanation from a sign shall be no greater than 0.2 footcandles. e. 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. 84 (C) Gasoline retailers owner identification/pricing board signs. One (1) detached owner ideri ;ficaeion/pAcingbvard- sign for each street frontage that abuts the property shall be permitted subject to the following conditions and restrictions: (i) Dowlen Road, Hwy. 105 and Major Drive. a. The sign shall not be greater than fifteen (15) feet in height, the maximum height being measured from twenty- four (24) inches above the curb height adjacent to the property. b. The sign shall not exceed one hundred (100) square feet in area with the sign facing not to exceed eighty-five (85) square feet. c. All parts of the sign may be located at the street right- of-way and must be located a minimum of ten (10) feet from any other property line. d. The sign shall not revolve or rotate in any manner nor shall it have flashing lights or any type of intermittent illumination, except as allowed below: 1. Electronic reader board signs shall not be permitted, except as an attachment to or a part of a detached owner identification sign. 2. No more than sixty (60) square feet shall be dedicated to electric changeable copy. 3. The message copy may change no more than once every forty-five (45) seconds. 4. Message copy shall not include any flashing, flowing, alternating or blinking lights or animation. 5. Electronic reader board signs that are part of a detached owner identification sign shall be allowed to have multiple colors. 85 6. As measured at the property line, the maximum light emanation from a sign shall be no greater than 0.2 footcandles. e. 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. (ii) All other streets in the MD Sign Overly District. a. The sign shall not be greater than six (6) feet in height, the maximum height being measured from twenty-four (24) inches above the curb height adjacent to the property. b. The sign shall not exceed seventy (70) square feet in area with the sign facing not to exceed sixty (60) square feet. C. All parts of the sign may be located at the street right- of-way and shall be located a minimum of ten (10) feet from any other property line. d. The sign shall not revolve or rotate in any manner nor shall it have flashing lights or any type of intermittent illumination, except as allowed below: 1. Electronic Feader boaFdsigns shall not be permitted, except as an attachment to or a part of a detached owner identification sign. 2. The sign face may change no more than once every forty-five (45) seconds. 3. The sign face shall not include any flashing, flowing, alternating or blinking lights or animation. 4. Electronic reader board signs that are part of a detached owner identification sign shall be allowed to have multiple colors. 86 5. As measured at the property line, the maximum light emanation from a sign shall be no greater than 0.2 fo otcandles. 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 froin the requirements of this section: (1) Changing of permitted sign face eopy-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 mounted or on or applied to trucks, buses or passenger vehicles which are used in the normal conduct of business. 3 Signs permitted by section 28.04.003 a of this chapter. _(3) 1��meplate and street addEess signs, iess than tkee (3) square feet in tee: nature,_(4) Non illuininated real estate signs, teinper-afy tin not exceeding inefe han sixty four (64) squafe feet in area, adve . i. i - I . . e feF sal OF 1@aSe or b contemplated iniprevements of real estate; provide that 1 one (I) F, pmperty. The sign inust be located An the PEOPerty S*ect to sale o -(5) Construction signs, not to (40) square feet in area and not leemed in any r-equiFed yard, denoting the f a institution, finaneial geneFal contraeter-, e abutting or an), statement pei4aniing to the premises. _(6) Warning, secur— d traffie direetional signs less than eight (8) squar F t i area and Four (4) feet in height. 87 _(7) Bleetion Signs } flia eight (9) square feet .in urea and five (5) fn t i i ' heigb vi��i� and —net 111115t b yed ..:�1.,.. t... !1l11 1 . „Am. tl.a e1e0ti�R-er-""m�vi ec'tloii- E� y���-nc-rrrip a�. v� ..ju } applicable. (84) 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. erected without—dvei4ising shall not be l�eet to the previsiens of this (4-05) Attached advertising signs located on nonprofit recreational facilities. (h) Continuation of nonconforming signs. (1) All lawful nonconforming en-p ide t;reatiefl signs, other than advertising signs billboards 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 88 facility to accommodate on such business premises all vehicles that will be reasonably expected to simultaneously deliver or receive materials or merchandise, and of sufficient size to accommodate all types of vehicles that will be reasonably expected to engage in such loading or unloading activities. (2) Any person desiring a building permit for the construction, alteration, or change of use of the land or any business building or structure shall submit a plot plan to the building official designating the number, dimensions and locations of all loading areas and all proposed avenues of ingress and egress to the property from adjacent public thoroughfares. The building official shall not issue such permit if it is determined that the proposed loading and unloading facilities will present a direct or indirect hazard to vehicular or pedestrian traffic. (3) Buildings and land uses within the CBD, Central Business District, and the PD, Port Development District, shall be exempt from the off-street loading requirements of this chapter unless, in the CBD, Central Business District, an owner or occupier or business property elects to provide off- street loading facilities, in which event, such facilities shall be approved as provided in these regulations. (Ordinance 81-17, see. 1, adopted 3/10/81; Ordinance 81-79, secs. 1, 3, adopted 10/6/81; Ordinance 82-134, sec. 7, adopted 12/14/82; Ordinance 87-33, secs. 4, 11, adopted 40/87; Ordinance 91-67, sec. 1, adopted 8/27191; Ordinance 93-69, sec. 2, adopted 11/23/93; 1978 Code, sec. 30-27; Ordinance 14-067, sec. 1, adopted 12/9/14) 9A A& See. 28.04.003 Sign regulations (a) Permit requirements. No sign, unless herein excepted, shall be located, constructed, crected, altered, posted, attached, or painted until a building permit has been approved by the chief building inspector in accordance with the requirements of this chapter and the 24P current edition of the International Building Code, as adapted. (b) Signs in residential districts. Signs shall not be permitted in residential districts except as specifically authorized in this section. (1) One detached owner identification sign shall be permitted for a multiple -family dwelling development, nonresidential or institutional building for each abutting street, subject to the following restrictions: 126 (4) One (1) detached owner identification sign shall be permitted for a commercial use with a specific use permit in the RCR H, Residential Conservation and Revitalization District, subject to section 28.03.018(e)(8)(A) of this chapter. (5) Two (2) attached owner identification signs shall be permitted for a commercial use with a specific use permit in the RCR-H, Residential Conservation and Revitalization District, subject to section 28.03.018(e)(8)(B) of this chapter. (66) One (1) detached identification sign may be constructed at the ------- Formatted: Indent: Left:0.75• entrance of a single-family residential development of ten (10) acres or more Such signs will be subject to the following conditions and restrictions: (i) Building wall signs will be prohibited. Formatted: Indent: Left: 0.75". First line: 0.44• ii) The content of the sign may not be regulated. (iii) The sign shall not exceed twee (20) square feet in area. (iv) The sign shall not exceed a height of five (5) feet above the ground: (v) The sign shall not be illuminated except by reflective floo^ dlight•---- Formatted:lndent: Left: 1.19• type illumination. There shall not be any flashing or intermittent light. (yi) The sign shall be placed within a landscaped setting containing not less than one hundred tNven 120 square feet. (vii) All parts of the sign shall be located a minimum of fifteen (15} feet from the propet1y line. viii The sin shall meet the wind load re uirements of the building code. (c) Owner identification signs in commercial and industrial districts. Signs shall not be permitted in commercial or industrial districts except as specifically authorized in this section. (1) One detached owner identification sign, and one additional detached sign for each thoroughfare more than one that abuts the property, shall be 129 (C) The allowable sign area may be equal to one (1) square foot for each one (1) lineal foot of store frontage with the sign area not to exceed seventy (70) square feet. (3) Owner identification signs shall be permitted for establishments Iocated in NSC, CSC—,—GC-MD, GC-MD-2, C-M, L-T, H-1 Districts; provided that such signs shall not be greater than fifty (50) feet in height. The maximum height is measured from the point established by a perpendicular line connecting the crown of the roadway immediately abutting the property on which the sign is to be installed with the sign's nearest vertical support to the property line, and provided further that the structural supports for such signs shall be set back not less than ten (10) feet from any property line or street right-of-way. No part of any sign shall overlay the street right-of-way. Where a structure existing at the effective date of this chapter precludes locating a sign in compliance with the setback regulations, the board of adjustment shall be authorized to grant a variance to the setback requirement. There shall be no restrictions or limitations on on -premise owner identification signs in the CBD, Central Business District, or the PD, Port Development District. Owner identification signs shall be permitted in PUD, Planned Unit Development District, with the location, height and number thereof being determined in accordance with the sign regulations for the zoning district which permits the designated use of the property. (14) Electronic reader board simrs sball be permitted in the GC -MD. GC- MD-2 CBD C-M I HI and PD Districts subject to the followins conditions: (A) The electronic reader board is to be attached to or a part of a detached owner identification Sig% (B) The message copy —may ange no more than once eve1y foi five (MI5) seconds. (C) Messal?e coax shall n of include any flashing, flowing alternating or blinking lights aniniation. As measured a the propere, the maximum light einanagm loin a sign shall be no weater than 0.2 footcandles. 131 (E) No more than sixty (60) square feet or fifty (50) percent of the maximums?n area whichever is less shall be dedicated to electrical changeable cony. (F) Electronic reader board signs that are part of a detached owner identification sign shall be allowed to have multiple colors. (45) Suns in PUD Districts. (A) [Sign chart.) Use Type (B) Maximum Height (C) (in feet) Maximum Area (C) (in square feet) Front Setback (in feet) Multiple -family 15 20 25 Prof./med. services 15 40 20 wholesalelretail trade 40 50 10 Industrial So 50 10 (B) The city council may approve a sign which exceeds the maximum area and height where the planning commission has determined that the sign is compatible with abutting development. (C) The maximum area for owner identification signs in a PUD district having mixed land uses will be determined by the regulations for each use type as it appears in the chart in subsection (4)(A) above. b 132 !rt\ ASe- Alfat copy &doga f blinking line, bo th .. 00 F.,.v � n shall no ate ! .� Tl a �l.".. + !� " F u . !cmpe-po dt 1, lace, "h"rl e... t. copy chwiffablo ,b« (b) Prohibition. Portable signs which are illuminated by any flashing, intermittent or moving lights shall be prohibited in all districts. (d) Advertising signs. Advertising signs shall not be permitted except as noted: (1) Permits. The city shall not issue permits for the construction of new advertising signs except under the following conditions: (A) All outdoor advertising companies shall provide to the city a complete list of all signs it owns or maintains within the limits and the extraterritorial jurisdiction (ETj) of the city. This list shall include the location, size (area and height) and type of construction. (B) To reconstruct or replace an existing conforming advertising sign at the same location. Any sign that is reconstructed or replaced at the same location shall be the same size or smaller than the original sign. (C) To replace and relocate an existing advertising sign at one location with an advertising sign at another location. (i) Size of the replacement sign shall be one (1) square foot for one (1) square foot. Square footage may be cumulative as to each outdoor advertising company. (ii) Regardless of the size of the advertising sign to be replaced, the replaced advertising sign shall not exceed the height or area listed under subsection (d)(1) of this section. Area calculations shall exclude cutout extensions and apron trim without copy. The 133 (4) Motion. Advertising signs shall not revolve or rotate or otherwise move in any manner. (5) Roof -mounted sign. Roof -mounted advertising signs are prohibited. (b) Structure. Advertising signs shall be constructed in accordance with the building code and electrical code. Signs shall be engineered to withstand a wind load of thirty (30) pounds per square foot. (7) Maintenance. (A) Advertising signs shall be maintained in good appearance and safe structural condition. The general area in the vicinity of any advertising sign shall be kept free and clear of sign materials, weed, debris, trash and litter. Maintenance or replacement of sign copy or structural repairs shall be conducted in a manner to protect adjacent properties from debris and litter. Signs shall be reposted regularly, and torn or ragged posters shall be repaired or covered promptly. (B) When a nonconforming advertising 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 sign shall no longer be permitted. A nonconforming sign may be changed or altered or upgraded only to the extent that when the change, alteration or upgrade is complete, it is made to conform, in all aspects, to the sign regulations of the city. (e) Exemptions. The following signs are exempted from the permit requirements of this chapter-seetiarr: (1) Changing of permitted sip face eepy-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 mounted on or applied to tucks, buses, or passenger vehicles which are used in the normal conduct of business. -(3) Nai "late and sti-eet addFeSS Signs, less than Owee (3) squaFe feet -'in SE�+� 137 (4) l.i ill, ated r-eal star signs, tempamry in natuv"et nna OF AF annatmeing Gentemplated improvements of real estate; previd-ed tlrat e"rrl� e �st��>sign 1,.,11 be pemiitted on e<,A street-4enting-n e t5 e t t.__ d1 f ,-, rnm m t iarea and not � �1-5ign5;�� .----- ---r-� square locat�r.,-1-iire��J---, denoting the owner', mchitect,, financial ..I n ntraeteF „1...entraet`. .,1, Street ablitt', fed -that tl�e for . 1L GC yb �Feffl"ises (f 3) 'Window signs hung on the inside of the window or painted on the window glass. decorative flan xel di haRnefs. (94) Warning, security, and traffic directional signs, less than eight (8) square feet in area and four (4) feet in height. -'�� �g1eetioninnature,�t (60) days less than eight (8) square �s -sfgns tent{aera�3� • in area a El sim height illuminated, ..ham placed within sid i signs temporal.),11 nature placed ,:thi, all), OtheF ze ne. Electionsigns must },a (1 D 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 being 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 twenty- five 25 feet in heip Wit and, B Flags in Commercial and hidustrial Districts: Fabric or cloth flans affixed to not more than one side of the cloth or fabric shape bypole of post are pennitted without lunit. 138 (8) Election Season Supplementary Signs The following suns are exempt from permitting and allowed in any zoning district, provided they are not located within the rights -of -way. (A) Additional Temporary Signs in Residential Districts: One------- rarmatted:Indent: Left: 1° temporary sign per street frontage that abuts the property that is not more than eight (8) square feet in area and six (6) feet in height. for a period of sigy (60) days prior and tcn 10) days after an election involving candidates or measures 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. (B) Additional Temporary Signs in Commercial and Industrial Districts: One temporary sign per street frontage that abuts the property that is not more than eight (8) 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 sign for each additional three hundred (300) feet of frontage for a period of sixty (60) days prior and ten (10) da s after an election involving candidates or measures 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. C Additional Tem ors Signs located at Election Pollin Locations: Regardless of the zoning district, for those properties containing a polling location for an election involving candidates or measures for federal, state or local election witbin the area, there shall be no limit on Temporary Signs from one day prior to the beginning of early voting of the election until ten (10) following election day, provided no Tempora sign is greater than eight (8) square feet in area and no greater than six (6) feet in height The content of the sipn, shall not be regulaked. (9) Properties for Sale or Lease. Properties that are being marketed for sale or lease are allowed to have one additional nonilluminated temporau sign per street frontage, not more than eight (8) square feet in area and six (6) feet in height provided the additional temporary sign is removed within seven (7) days following the sale or lease of the_propM, (10) Properties Under Construction. Properties that are actively under construction and for thi!130 days after the issuance of a Certificate of OccupancyOccupangy are pennitted one additional temporn sign not more than foijy (40)square feet in area. 139 (11) Garage Sales One additional nonillu►ninated temporary sign, not exceeding six 6 square feet in area and not located within the right-of-way is permissible in all districts for ten (10) consecutive days in a calendar yea prior to a garage sale as allowed under section 28.04.008 b 21 . (12) One temporary sign that is not more than eight (8) square feet in area and not more than six (6) feet in height. (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(f)(3), section 28.03.020(f)(4), section 28.03.021(f)(4), section 28.03.021(f)(5), section 28,04.003(b)(1), 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 private 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 as 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 sigps. All nonconforming permanent 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. (i) Maintenance. All signs shall be maintained in good appearance and safe structural condition. (Ordinance 81-17, sec. 1, adopted 3/10/81; Ordinance 82-25, see. 1, adopted 3/16182; Ordinance 84-10, sec. 1, adopted 1/17/84; Ordinance 85-22, sec. 1, adopted 2126/85; 140 Common Name Latin Name American Holly Ilex opaca Cherry Laurel Prunus caroliniana Chinese Fan Palm Livistona chinensis Chinese Fringe Tree Chioanthus virginicus Chinese Pistachio Pistacia chinesis Crape Myrtle Lagerstroemia indica and hybrid Flowering Pear Pyrus Calleryana `Bradford', `Aristocrat Savannah Holly llex attenuata `Savannah' Golden Rain Tree Koelreuteria bipirmata Japanese Evergreen Oak Quercus glauca Loquat Eriobotrya japonica Mexican Plum Prunus mexieanaMexicana Parsley Hawthorn Crataegus marshallii Pindo Palm Butia eap4atacapitate Purple Leaf Plum Prunus cerasifera River Birch Betula nigra Sweet Bay Magnolia Magnolia virginiana Texas Redbud Cercis canadensis `Texensis' Tree Ligustrum Ligustrum lucidum Tulip Magnolia Magnolia soulangiana Vitex Vitex agnus-castus Wax Ligustrum Tree Ligustrum japconicum Yaupon Tree Ilex vomitoria SHRUBS FOR SCREENING REQUIREMENTS Shrubs: Maintain three-foot height or greater. Must be evergreen. Common Name Latin Name Banana Shrub, Magnolia Fuscata Michelia figo 158 establislent-$shall be permitted. The nameplate shall be noniIlurninated and shall be attached either to the structure or to the fence surrounding the property. The nameplate shall be compatible with the style and detailing of the house. (viii) Parkin. One (1) off-street parking space per guest room and for the owner is required. The maximum number of permitted spaces shall not exceed seven (7). The fi-ont yard shall not be used for off-street parking. All off-street parking must be screened from the street and from adjacent Iots containing residential uses. Screening from the street and adjacent lots containing residential uses must comply with the standards established in the city Code of Ordinances (section 28.04.006). (ix) Additions and alterations. No exterior additions or alterations shall be made for the express purpose of maintaining or adding to a bed and breakfast facility, other than those required to meet health, safety and sanitation requirements. Minimal outward modification of the structure or grounds may be made if such changes are deemed compatible with the character of the area or neighborhood. Such alterations and additions must meet all zoning standards and building code requirements and must be approved by the historic landmark commission (when such property is located in a historic district, awarded an HC-L designation and/or of historic significance). (x) Other uses. a. The sale and/or display of merchandise or other commodities is prohibited. b. Weddings, receptions, luncheons, cocktail parties, or any other such function for which the owner receives payment for the use of the facility, and which is not a function for the personal use of the owner, their friends or relatives, may be allowed if sufficient off-street or satellite parking is provided and documented. The number of functions shall not exceed twenty-four (24) events per year nor more than two (2) events per month. The planning division is to be notified of the functions taking place. Notification shall be filed with the planning division on a quarterly basis, indicating the type of function, the date, and 17s 01*4hlishi„ent ^�'�•, shall be permitted. The nameplate shall be nonilluminated and shall be attached either to the structure or to the fence surrounding the property. The nameplate shall be compatible -with the style and detailing of the house. (viii) Parkine. One (1) off-street parking space per guest room and for the owner is required. The maximum number of permitted spaces shall not exceed seven (7). The front yard shall not be used for off-street parking. All off-street parking must be screened from the street and from adjacent lots containing residential uses. Screening from the street and adjacent lots containing residential uses must comply with the standards established in the city Code of Ordinances (section 28.04.006). (ix) Additions and alterations. No exterior additions or alterations shall be made for the express purpose of maintaining or adding to a bed and breakfast facility, other than those required to meet health, safety and sanitation requirements. Minimal outward modification of the structure or grounds may be made if such changes are deemed compatible with the character of the area or neighborhood. Such alterations and additions must rueet all zoning standards and building code requirements and must be approved by the historic landmark commission (when such property is located in a historic district, awarded an HC-L designation and/or of historic significance). (x) Other uses. a. The sale and/or display of merchandise or other commodities is prohibited. b. Weddings, receptions, luncheons, cocktail parties, or any other such function for which the owner receives payment for the use of the facility, and which is not a function for the personal use of the owner, their friends or relatives, may be allowed if sufficient off-street or satellite parking is provided and documented. The number of functions shall not exceed twenty-four (24) events per year nor more than two (2) events per month. The planning division is to be notified of the functions taking place. Notification shall be filed with the planning division on a quarterly basis, indicating the type of function, the date, and 175 DATE: March 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 Crematorium in a GC -MD (General Commercial — Multiple -Family Dwelling) District. FILE: PZ2020-36 STAFF REPORT Proctor's Mortuary is requesting permission to allow a crematorium at 3475 S. 111h Street. The property will function solely as a crematorium. Remains will be sent to this facility and returned. There will be no customers coming and going from this property, only staff. No changes are planned for the building or areas. The property to the east is zoned residential and requires screening by ordinance. There is an existing chain link fence along most of this boundary. The Zoning Ordinance requires an eight (8) foot wood or masonry fence along this property line. The alleyway across the middle of the property is still open. At some point concrete was poured, and a fence was installed across this alleyway. There should be no further encroachment on this alleyway unless an abandonment has been granted. Staff recommends approval of the request with the following condition: 1. Install an eight (8) foot wood or masonry fence along the east property line, a gate should be installed at the alley for future City access. 2. No new encroachment on the alleyway unless an abandonment has been granted. 3. Constructions plans must meet all requirements by Water Utilities for water and sanitary sewer improvements, including any requirements of the City's backflow, pre-treatment and/or F.O.G. program. 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 26 Responses in Favor Responses in Opposition LEGAL DESCRIPTION FOR ORDINANCE PURPOSES Being Lots 4-7 and 20-23, Block 4, West Oakland Addition, Beaumont, Jefferson County, Texas; containing 1.29 acres, more or less. ANALYSIS CONDITIONS FOR APPROVAL OF SPECIFIC USE PERMIT (SECTION 28-26.E, ZONING ORDINANCE 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; 2. That the establishment of the specific use will not impede the normal and orderly development and improvement of surrounding vacant property; 3. That adequate utilities, access roads, drainage and other necessary supporting facilities have been or will be provided; 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; S. That adequate nuisance prevention measures have been or will be taken to prevent or control offensive odor, fumes, dust, noise and vibration; 6. That directional lighting will be provided so as not to disturb or adversely affect neighboring properties; 7. That there are sufficient landscaping and screening to insure harmony and compatibility with adjacent property; and, 8. That the proposed use is in accordance with the Comprehensive Plan. Application Application is in is not in Comments compliance compliance Attached X X a X ►a X X X GENERAL INFORMATIONIPUBLIC UTILITIES APPLICANT: Proctor's Mortuary PROPERTY OWNER: XXX LOCATION: 3475 South 1 Ph Street EXISTING ZONING: GC -MD (General Commercial — Multiple - Family Dwelling District) PROPERTY SIZE: —1.29 acres EXISTING LAND USES: Vacant Commercial FLOOD HAZARD ZONE: X — Area determined to be outside the 500 year flood plain. SURROUNDING LAND USES: SURROUNDING ZONING: NORTH: Vacant GC -MD (General Commercial — Multiple - Family Dwelling District) EAST: Residential RM-H (Residential Multiple -Family Dwelling — Highest Density) and RS (Residential Single -Family Dwelling) SOUTH: Residential GC -MD WEST: Vacant RM-H COMPREHENSIVE PLAN: Conservation and Revitalization STREETS: S. I Ith Street — Major arterial with 100' wide right-of-way and 58' pavement width. Waverly Avenue — Local Street with 60' wide right-of-way and 24' pavement width. Westmoreland Avenue — Local Street with 60' wide right -of way and 20' paved width. DRAINAGE: Curb and Gutter on S. 11th Street Open ditch on Waverly and Westmoreland Avenues WATER: 12" Water line SANITARY SEWER SERVICE: 8" Sanitary sewer line PROPERTY OWNERS NOTIFIED WITHIN 200' BEAU II LTD BROUSSARD CLYDE DEE RICHARD REAL ESTATE INVESTMENTS LLC GREATER GRACE TEMPLE HASSAN RIZWAN U HEBERT ARTHUR RAY JR HUNT B H ESTATE HUNT CORNELIUS & HUNT ISADORE JACKSON MELISSA ANN JONES BENJAMIN A LANDOR DWIGHT W MAC & N AMUSEMENT ARCADE NWAOBI SUNNY RATCLIFF MAXWELL RATCLIFF MAXWELL & MELISSA REDEAUX ROSEVELT III WALKER SHIRLEY WILLIAMS LYDIA V (CD) TO: THE PLANN APPLICANT'S NAME: APPLICANT'S ADDRESS: SPECIFIC USE PERMIT APPLICATION BEAUMONT, TEXAS (Chapter 28. City Codes) AND CITY COUNCIL, CITY OF BEAUMONT, TEXAS Lf APPLICANT'S PHONE 4, FAX It �42 r S�.S3d NAME al; PIIopwrY owNER: ADDRESS OF PROPERTY OWNER: �-"r'r'- I: O CAT ION OF PROPERTY:r LEGAL DESCRIPTION OF PROPERTY: LOTNO._--- BLOCK NO. — ADDITION__ NUMBER OF ACRES OR TRACT. PLAT SURVEY NUMBER OF ACRES._. - For properties not in a recorded subdivision, submit a copy of a eurrentsurvey or plat showing the properties proposed for a specific use permit, and a complete legal field note description. PROPOSED a ATTACH A LETTER describing all processes and activities involved with the proposed uses. e ATTACH A SITE PLAN drawn to scale with the information listed on the top back side of this sheet. y ATTACH A REDUCED 8 Y:" X IV pUOTOCOPY OF THE SITE PLAN. ZONE - THE EIGfIT CONDITIONS listed on the back side of this sheet must be met before City Council can grant a specific use permit. PLEASE ADDIMSS EACH CONDITION IN DETAIL, ATTACH THE APPIi()MATC APPUCATION VM'. LESS TIIAN'/x ACRJ................................ ...............................S250.00 ACRE OR MORE AND LESS T14AN 5 ACRES ................... $450.00 5 ACRFS OR MORE ........... ........ ............ .................... ................ $650.01) f, being the undersigned applicant, understand that all of the conditions, dimensions, building sizes, landscaping and parking areas depicted on the site pian shall be adhered to as amended and approo Council. SIGNATURE OF SIGNATURE OF PROPERTY OWNER:---- DATE: PLEASE TYPE OR PRINT AND SUBMIT TO: CITY OF BEAUMONT PLANNING DIVISION 801 MAIN STREET, ROOM 201 BEAUMONT, TX 77701 FILE NUMBER: Rhone - (409) 880-3764 Fax - (409)880-3110 ####Y#�y##**###**k##S**#F##!�*t####►#R####*########k#t#k#�F####fM#M##*#{�##i##�F##########tkR###ii###*#}44*#Y#**Y##MF+kt###*#t PLEASE :MAKE NO'lIi ON REVERSE SIDE pC CONDITIONS TO 8E N[ T RLOAMING THE SITE PLAN ANT) LErfVK Or PROPOSED USES AND ACrtVITI]gS. ,,.I I e :"Ilafz� 'I1is' SIs IMIkr Sc 3532 :`: I'hi€gtcr: el'j. _3=1 Hy^r•r3: 511 _, rec_r :t �,r;h�sc,Tri.?i51= sea�n:crt,Tl,iii5 11Y2Tty,Tj.ii535 ,.,.c�4f11_,T1.i5:i: 5.3Ei•3'l3? ti•S,. 5?c•33E• !:£ CR•335.13' :: ersi:z: r.�•,�•r.Fre.,cr_ r.crtcarY_ccm Nov. 23, 2020 To whom it my concern, This is a request to use the property located at 3475 S. 11th St. Beaumont, TX., as a crematorium. `rhe purpose and use of this facility will be to cremate deceased human remains. Remains will be received, refrigerated if needed and returned to responsible facilities. All necessary cremation equipment will be purchased and placed in the buildinug, Lashon D. Proctor Funeral Director / Embalmer Fax & Email Beaumont - 409-84OA530 * Silsbee- 409-386-0038 * Anahuac- 409-267-3188 proctorsmortuary@aol.com proctorssilsbee(a)aol.com roctorsanahuac aol.com 515 N'1111v 5c 3111w»'j—Eye 11}t r.J" Sus F -:t k"'%lt. Tt M14 Ptl--t, TR MALit e�li,4f. 1:535 µYc...4, Tl 35e:} 4:4-A 7.101-.-•.-??;:: in-RE.-M -:S 331,13a February 09, 2021 The property located at 43475 South 1 V11 St. Beaumont, Texas I am looping to open a Crematory in this building. The building itself, I plan to paint and replace the old tin siding so that the building looks better. There is already a fence around the building. As far as any offensive odor, fumes, dust, noise or vibration; The unit that will be installed inside the building, it is quite, there is a filter system that prevents any odor and fumes. TranEcs Management Lashon D.Proctor N SCAk£: WESTMORELAND AVENUE (60'R.a W..) (ASPHALF PA MG) 18" PLASRC .... - ..18" Pf 95RC - HF'L TT.S# `.--'_'. - _£fG'ff.6! .IB.'RC?.......` q�1 Fn 11.39 - ... - - .'X FL, 77.95', _.•. QVL'iliil_AD y -w11-.n.5a .. •�€L-,criilP.s` .-sFrOP•:-<:',.`. -- — — EST —EST —EST: P.P PP. ` LYH,Y-.4GIIAN fRSC •'`'-..i1Uf(3-..- iREAV; Ps +...._,- MICE VACANT M l :`r' _ - ' ` GQ LOT 26 LOT 25 LOT 24 'c, 4b.LOT 22 LO j-- ' 21 APVSFOSTER y F METAL SSA®17rG i I fe`L£IRiG•.:••.r >. ZONED RIs4-N is r ' W7- SET 1/2" ; .t.r - T7Q20' •� ::+�� I •t.i:: tir': fRDEY ROD •i: '� .:��',�-t^ ?.5: ice:' y' - '�'1 .'•fY61:`.' 11 y`5;. ••,'�t3,'., . 5 6. 20.07'—�6 AgLLEY lr c.'_ d 0 al IRON ROD - .'S£. •:,ji.r,.rt,Y.' ;�-iJt�i..-e Apo •,•;_, . f._ 'tQ�'�•': ,';•� .c: LOT 1 LOT 2 LOT 3 o LOT 4 ZONED R-S GNAW UNK �L�lAP'WNX• _ `- �T _. fETTCf _ - . sE1y —� P-P..• WON 5kA80 ..F\. OW01EAD ..r8. RCP ' 3SS8' ROV1F.. , ........ _ _ .... BUILDING INFORMATION { uvxHor • - - - - - • .. • • ' FfL'i20b. . ..... L' . ..............' �.•, ;,; .,:�;__z.' -.. o .,'....... GR055 FLOOR AREA: 8,344 S0. FT. COVORETE-DRI4£ [51,'8�953'OS" F ' 2D9,D2` ... ' NUMBER 0. STORIES• I STORY sLocAED'BrfEHCE AtCEO'£AS 200.00] BUILDING xElGxr-• 1535' WA VERL Y STREET ALL DRAINAGE FROM S17E IS (50-A0.y!) (ASPHALrPAHNG) DIRECTED TO ADJOINING SIREETS PARKING NOTE: 6' TALL CHAIN LINK FENCES ARE PARKING is PRoWi?Eo rot? TOPPED W/ 1' TALL BARRED WE 1 EMPLOYEE AND 3 VISITORS 'UNLESS M07EO OTHERWISE A❑ AC UNIT ON METAL PLATFORM 12.21.20 DATE.• 0£CE-M9E-R, 2D20 DRANK BY.• A.00.1 ® METAL PIPE BOLLARD SUBAWAL PRO„LCT NO.: 2=JC CHECK'EO Or R.F:F: 1D 12' WIDE METAL OVERHEAD DOOR Rg4f .OF `l lj COUMENTS DATE 20 10` WIDE M£rAL OVERHEAD DOOR fir* �..yrll f RENEW r2.17.20 Q 3.4' W1OF WALK-THRU DOOR:*+If 2 5U86UTAL 12.2L20 Q' 4 3.3INOE WALK--THRU DOOR ?. RI ...........................:... RICHAR.. F. FAUST r 1�5 10' IWE METAL OVERHEAD DOOR ll d•,-, 58169 �i 12' }HOE METAL OVERHEAD DOOR �r lFs.', FNS£.O�r ELECTRIC IJNE —E—E—E—E CHAIN LINK FENCE —rr—u—rr—rr—u— THE SEAL APPEARING ON THIS WOOD FENCE DOCUMENT WAS ALU"MORIZEO BY ENGINEERING ANSI SURVEYING, INC. RICtMl) F. FAUST, P.E. 58169 DITCH TOP PROFES$IOVAL ENOLTEERS AND PROFESSIONAL SURVEYORS = EATrOt FvT. STE O • WANONT, TUGS TIID, a � N7p d13-3r1d OVNERSHIP OF DOCUMENTS °'3M°`rM4 ta aO • St fM T dI]joXe a DITCH CENTERLINE/BOTTOM__ - _ _ _ V#5 WCLWExr, AND ?W JOC4S AW DEWWS WCWORA TEO HEROM, AS Aft tusmuMEHr cF EXISTING STORM PRA'E5NIaVAL %FRKCF, 1S THE PROPERTY OF 3475 SOUTH 11 TH STREET — EST— EST— EST— EST— FAUST EW&WERNG AW SURLEYTRG INC., AND IS NOF rO BE USED, IN WHaE CN INPARr, fOR CONCRETE ASPHALT ROCK AHr omR PRa€cr INrHour THE varMv AUThVA472ASOF VRMAVSr fRGNEER1T10 SHEET AND MP SURI�ILVG ,NC SITE PLAN a 2020 rAVST fAVA'EWeG AND SVRYE17- ING ALL R W 7S RESERWD VVV Z2021-36: Request for a Specific. Use Permit to allow a Crematorium in a GC -MD (General Commercial — Multiple -Family Dwelling) District. Applicant: Proctor's Mortuary Location: 3475 S.11"' Street 0 100 200 1 1 1 j Feet fL06 g e n- d'; ` 9 :t Rt 2021; 36 - . . �. ._mot �rgr 14 vi GC -MD cp - • 'owl 777 � �• S �� ref{�� j � y - — 1, 1 I GC -MD T; rRM-H, WEs RELAND Algol i_• I RMH N rla :;tlf i G'O'7MD IiFkFT -L F GC -MDR - s 'RM-H RM=H . GC -MD DATE: March 15, 2021 TO: Planning Commission and City Council FROM: Chris Boone, Director of Planning and Community Development SUBJECT: To consider a request for a Revised Specific Use Permit to allow the expansion of a school in a GC -MD (General Commercial — Multiple -Family Dwelling) District. FILE: PZ2020-45 STAFF REPORT Stephen West is requesting permission to expand a charter school at 10255 Eastex Frwy. Triumph Church requested a Specific Use Permit for a school in 2011. Plans are to expand the school by placing three (3) modular buildings on the property just north of the existing school/church. The existing parking will be sufficient for the added classroom space. The school, in general, does not operate at the same time the church is meeting. The property is bordered to the west by Old Voth Road and to the east by Eastex Freeway. Staff recommends approval of the request with the following condition: An amended Specific Use Permit would be required for 10255 Eastex should the buildings be leased or sold to a different owner or user. 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 12 Responses in Favor Responses in Opposition LEGAL DESCRIPTION FOR ORDINANCE PURPOSES Being Plat RS 4, Tracts 64A, 64C, 72 and the adjacent railroad no.w., Beaumont, Jefferson County, Texas, containing 6.31 acres, more or less. ANALYSIS CONDITIONS FOR APPROVAL OF SPECIFIC USE PERMIT (SECTION 28-26.E, ZONING ORDINANCE) Conditions: Application Application is in is not in Comments com Hance compliance Attached 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 INFORMATIONiPUBLIC UTILITIES APPLICANT: Stephen West PROPERTY OWNER: Triumph Church LOCATION: 10255 Eastex Freeway EXISTING ZONING: GC -MD (General Commercial -Multiple Family Dwelling PROPERTY SIZE: 6.31 acres, more or less EXISTING LAND USES: ChurchfCharier School FLOOD HAZARD ZONE: "X" - Areas determined to be outside 500- year floodplain SURROUNDING LAND USES: SURROUNDING ZONING: NORTH: Commercial GC -MD (General Commercial -Multiple Family Dwelling) District EAST: Eastex Freeway GC -MD SOUTH: Vacant RS (Residential Single Family Dwelling) District WEST: Residential RS COMPREHENSIVE PLAN: Freeway Activity Corridor STREETS: Eastex Freeway - Freeway with 300' wide right-of-way width and 4lanes divided; Old Voth Road - Major collector with 60' wide right-of-way and an 18' wide pavement width DRAINAGE: Open ditch WATER: 16" water line SANITARY SEWER SERVICE: 10" sanitary sewer line PROPERTY OWNERS NOTIFIED WITHIN 200' BEATY ROBERT DALE ETAL ENTERPRISE INTRASTATE LP GUTIERREZ DANIEL & KARYNA H/S LABRIE FAMILY LP LANDRY GERALD W & GEORGIA L MONTIE GERARD (LIFE ESTATE) MONTIE GERARD J TRIUMPH CHURCH INC WRIGHT FREDRICK E & SHANNON G BEAUMONT Planning & Community Development Case TypaRlanning and Zoning Case Status. REVIEW case Sub Type: Specific Use Permit Tag Flame: Beaumont Classical Academy/Triumph Casa #- PZ2021-45 Church Beaumont Amvndrnent to SUP Location:10255 EASTEX FWY, BEAUMONT, 77708 Initiated On, 211812021 4;04:15PM Individuals listed on the retard. Amllcant Stephen West Home Phone: 409-892-0421 4351 Crow Road Work Phone: Beaumont, TX 77706 Coll Phone: 409-673-4340 E-Mail: stophen.wesl@whiteleyoliver.com Praoerfy Owner Randy Clark 10255 Eastex Freeway Beaumont, TX 77707 Proposed Use Revised SUP for a school Home Phone: 409-924-9930 Work Phone: Coll Phone: E-Mail: Legal Description PL RS 4 TRS 64A, 64C, 72 & ADJ RR R/W, ABST 17, W B DYCHPS Number of Acres 6.31 Beaumont Classical Academy Triumph Church Beaumont 10255 Eastex Freeway. Beaumont, Texas 77708 17 February 2021 City of Beaumont Planning Division 801 Main Street, Room 201 Beaumont, Texas 77701 ATTN.: Chris Boone Director of Planning and Community Development REF.: Specific Use Permit Beaumont Classical Academy Dear Mr. Boone: Please find attached the Specific Use Permit Application along with a site plan for the above referenced tract, Triumph Church is currently operating under a previously approved specific use permit for utilizing a portion of its facilities as an elementary school. This application is to request an amendment to the current specific use permit for the continued development of the property as outlined below. Our client proposes to add three (3) modular buildings within the adjoining 2.92-acre tract located immediately north of the existing Triumph Church Beaumont tract. Said 2.92-acre tract is recorded in Clerk's File No. 2005021414 and listed in Jefferson County Appraisal District's database as Property ID 128157. The use of the site as a school will operate during daylight hours on weekdays only If you have any questions or need additional information, please contact me at (409)-892--0421. Sincerely, Stephen West Project Manager Page 1 of 1 Eight Conditions 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 Comment: The proposed addition of the three (3) modular buildings will enhance the locale and not be injurious to the use and enjoyment of other property, nor significantly diminish or impair property values within the immediate vicinity. Appropriate architectural measures will be taken to ensure aesthetic compatibility with nearby structures. That the establishment of the specific use will not impede the normal and orderly development and improvement of surrounding vacant property, Comment: The amendment of the specific use will not impede the normal and orderly development and improvement of the surrounding property, as the development of this tract follows with the concept of the previously approved specific use permit for this development. The additions to the property are healthy for the community and encourages growth and development. That adequate utilities, access roads, drainage and other necessary supporting facilities have been or will be provided Comment: There are existing and adequate utilities, access roads, drainage and other necessary supporting facilities currently present at the site. The site is located adjacent to Voth Road, which has water, sewer, gas and communications presently. The design, location and arrangement of all driveways and parking spaces provides for the safe and convenient movement of vehicular and pedestrian traffic Comment: As shown an the attached site plan, the design, location and arrangement of all modular buildings do not impede the safe and convenient movement of vehicular and pedestrian traffic and does not adversely affecting the general public or adjacent development. Ingress and egress will be accomplished by utilizing the existing Triumph Church tract. Addition of the modular buildings will not affect daily traffic and should result in minimal impact to the immediate vicinity. That adequate nuisance prevention measures have been or will be taken to prevent or control offensive odor, fumes, dust, noise and vibration Comment: There will be no offensive odor, fumes, dust, noise or vibration caused by the addition of the modular buildings. That directional lighting will be provided so as not to disturb or adversely affect neighboring properties Comment: All proposed onsite lighting will be direct in nature so as not to disturb or adversely affect neighboring properties. Appropriate measures will be taken to mitigate adverse effects on the nearby properties. (The school operates during daylight hours only.) That there are sufficient landscaping and screening to insure harmony and compatibility with adjacent property Comment: Landscaping and screeningwill be provided in accordance with the appropriate City requirements to ensure harmony and compatibility with the adjacent properties. That the proposed use is in accordance with the Comprehensive Plan Comment: The proposed use is in accordance with the Comprehensive Plan and will assist in further developing the North End of Beaumont. zn co z F z� aa_aa 0.0 s s;r 9 d < W uNiF sti " =uA !dl C3 X �¢ O Sks IL roU�ul% p L q u 4 6 2 L I ti 4 qs 1 r fl� 2021-45: Request for a Revised Specific Use Permit to allow the expansion of a school in a GG ) (General Commercial — Multiple -Family Dwelling) District. plicant: Stephen West for Randy Clark cation: 10255 Eastex Freeway 0 100 200 300 400 1 1 1 1 1 I Feet ILegend R-S `, , PZ20213fi , R-S ' 1 ,1 F y`m,• �l I t 1 y y LI CL=ICK DR. R S�0 s Irk t 1, _ SC0 0 pR R-S R-S LI