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April 19 2021 PC Packet
*AGENDA* PLANNING COMMISSION April 19, 2021 REGULAR MEETING PLANNING COMMISSION City Council Chambers, City Hall, 801 Main St. — 3:00 p.m. JOINT PUBLIC HEARINGS PLANNING COMMISSION AND CITY COUNCIL City Council Chambers, City Hall, 801 Main St. - 3:15 p.m. The meetings will also be broadcast on the City's YouTube channel: https://www.youtube.com/channel/UCnY6nNk8zfXZuIMglzbwEBg AGENDA* ROLL CALL APPROVAL OF MINUTES Approval of the minutes of the Meetings held March 15, 2021. REGULAR MEETING 1) PZ2021-70: Request for Preliminary Plat approval of Willow Creek Country Club Estates, Section X-E, Beaumont, Jefferson County, Texas. Applicant: Eric Giron Location: East of Willowbend Drive just north of Quail Hollow Drive 2) PZ2021-80: Request for Preliminary Plat approval of Pine Island Estates, Phase 3A, Jefferson County, Texas. Applicant: Donald R. King, P.E. of Fittz & Shipman, Inc. Location: Near the intersection of South Pine Island Road and Walden Road 3) PZ2021-84: Request for a Replat of Lot 1 into Lots IA & 113, Block 11, Woodland Acres, Beaumont, Jefferson County, Texas. Applicant: Thomas S. Rowe. Location: 6985 and 6995 Ellen Lane 4) PZ2021-85: Request for a Replat of Plat SP-2, Tract 110-D, H. Williams Survey and pant of Lot 1, Cummins Place into Lots I & I B, Cummins Place, Beaumont, Jefferson County, Texas. Applicant: Thomas S. Rowe. Location: 7810 and 7820 Halliday Lane 5) PZ2021-93: Request for Preliminary Plat approval of Champions Subdivision, Phase II, Beaumont, Jefferson County, Texas. Applicant: Joe Pattie for Arceneaux, Wilson & Cole, L.L.C. Location: Northerly extension of Dania Drive 6) PZ2021-104: Request for Preliminary Plat approval of Spring Wood, Section 2, Beaumont, Jefferson County, Texas. Applicant: Aaron Ward of Faust Engineering and Surveying, Inc. Location: Extension of Alexis Street to the north JOINT PUBLIC HEARING 7) 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 8) 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 9) PZ2021-63: Request to Rezone a property from C-M (Commercial - Manufacturing) to HI (Heavy Industrial) or a more restrictive district. Applicant: John Johnson Location: At the southeast edge of the Beaumont City Limits between Highways 347 & 69 S. 10) PZ2021-92: Request for a Revised Specific Use Permit and a Rezoning from RS (Residential Single - Family Dwelling) to RM-H (Residential Multiple -Family Dwelling — Highest Density) District for a portion of the property to allow the expansion of an assisted living center. Applicant: Vera Bagneris Location: 2990 S. Major Drive 11) PZ2021-98: Request for a Specific Use Permit to allow for restaurant parking in an RCR (Residential Conservation Revitalization) District. Applicant: Rosa & Sifuentes Francisco Castillo Location: 1325 College Street 12) PZ2021-99: Request for a Revised Specific Use Permit to allow retail and condominiums in a GC- MD-2 (General Commercial — Multiple -Family — 2) District. Applicant: Phuc Nhat Le Location: 4515 N. Major Drive 13) PZ2021-101: Request for a Specific Use Permit to allow a mini storage facility in a GC -MD (General Commercial — Multiple -Family Dwelling) District. Applicant: Hetal Patel Location: 1930 College Street 14) PZ2021-103: Request for a Revised Specific Use Permit to allow a duplex in an RS (Residential Single -Family Dwelling) District. Applicant: James Callas Location: 685 Jeny Lane 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 March 15, 2021 A Joint Public Hearing of the Planning Commission and City Council was held on March 15, 2021 and called to order at 3:00 p.m. with the following members present: Commission Members present: Chairman Sina Nejad Commissioner Johnny Beatty Commissioner Shawn Javed Commissioner Lynda Kay Makin Commissioner Tom Noyola Commissioner Taher Quraishi Commissioner Eddie Senigaur Alternate Commissioner Erika Harris Commission Members absent: Commissioner Bill Little Commissioner Roy Steinhagen Alternate Commissioner Marty Craig Alternate Commissioner Lauren Williams Mason Councilmembers present: Mayor Pro -Tern Randy Feldschau 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 March 15, 2021 APPROVAL OF MINUTES Commissioner Senigaur moved to approve the minutes of the Joint Public Hearings held on January 25, 2021. Commissioner Makin seconded the motion. The motion to approve the minutes carried 7:0. 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 Mr. Boone presented the 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 snore than eight hundred (800) feet long ... " Once Phase II is completed, the cul-de-sac will be approximately 1900' in length. In review of the plat, one response requested that the address on Lot 36, Block 1, should be changed to 6698 Highpoint Avenue. Slides of the plat were shown. Staff recommended approval with the requested waivers and one condition: 1. Change the address of Lot 36, Block 1 to 6698 Highpoint Avenue. Chairman Nejad asked about the logic for recommending the waivers when they go against the City ordinances. Mr. Boone replied that the ordinances were written with a regular block pattern in mind and tend not to reflect modern subdivision arrangements. He added that it is not uncommon for staff to recommend waivers in these situations. Chairman Nejad stated that perhaps the ordinances need to updated and was concerned about the fairness of the use of waivers. Commissioner Beatty asked how often such waivers were recommended and Mr. Boone estimated the number to be about two (2) to three (3) a year. Further discussion occurred about the specifics of the waivers on this case and the possible update of City ordinances. 2 Planning Commission March 15, 2021 The applicant was present. Daniel Dotson, representing Fittz & Shipman, 1405 Cornerstone Court, addressed the Commission. He stated that Mr. Boone had presented the information about the project well and he was willing to answer any questions. He added that they were just moving forward with developing the same plat with new updates. Chairman Nejad asked the applicant if he was aware of the ordinances mentioned and Mr. Dotson confirmed that he was aware. Commissioner Senigaur inquired about there being only one way in and out of the subdivision. The applicant stated that there are geographic constraints to adding another entrance, including a Drainage District 6 ditch and adjacent property being owned by another owner. He also added that this will be a gated community, which will be compatible with having only one entrance and exit. Commissioner Noyola moved to approve the request for Preliminary Plat approval of Highpoint Subdivision, Phase II, Beaumont, Jefferson County, Texas, as requested in file PZ2021-16, with the requested waivers and one condition: 1. Change the address of Lot 36, Block 1 to 6698 Highpoint Avenue. Commissioner Quraishi seconded the motion. The motion to approve carried 7:0. Chairman Nejad requested a future workshop on the ordinances and waivers discussed. 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 Mr. Boone presented the 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-eight (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. Slides of the plat were shown. Staff recommended approval of the request. The applicant was present. Don King, representing Fittz & Shipman, 1405 Cornerstone Court, addressed the Commission. He stated that this was another development from the Doguet's Diamond D Ranch and is a continuation of the pattern already developed. He added that it will have cul-de-sacs with curb and gutter streets. 3 Planning Commission March 15, 2021 Chairman Nejad commented that this development has been very successful and the applicant agreed. Commissioner Senigaur asked if all of the lots are the same size. Mr. King responded that they are the same size except for the cul-de-sac lots, which are a bit larger. Finally, he stated that the subdivision is a rural ranch type of development. Discussion followed concerning the size of the lots and the water and septic systems. Commissioner Makin moved to approve the request for Preliminary Plat approval of Doguet's Diamond "D" Ranch, Phase 7, Jefferson County, Texas, as requested in file PZ2021-46. Commissioner Senigaur seconded the motion. The motion to approve carried 7:0. JOINT PUBLIC HEARINGS Mayor Pro -Tern Feldschau called the Joint Public Hearings of March 15, 2021 to order at 3:18 p.m. and explained the purpose of the Joint Public Hearing process. Mayor Pro-Tem Feldschau then turned the meeting over to Chairman Nej ad to conduct the Joint Public Hearings. 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 Mr. Boone presented the 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 (10) parking spaces will be utilized for equipment storage and display, leaving more than adequate parking. Slides of the subject property, site plan and surrounding area were shown. Nine (9) 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 not present. Chairman Nejad asked if this request was just an addition to the current store. Mr. Boone confirmed this and added that the larger equipment is what caused a specific use permit to be needed. Chairman Nejad asked if there was a fence proposed between the store and the tool rental area. Mr. Boone responded that a fence was not proposed or required. Commissioner Quraishi asked if there was a separate entrance and exit for the tool rental area. Mr. Boone replied that there is not a separate entrance proposed and that the City traffic engineer had reviewed the plans and did not think there would be a conflict. 4 Planning Commission March 15, 2021 Councilmember Neild inquired about the rental equipment being cleaned at this site and the possible negative impact on City drainage. Mr. Boone stated that this was not addressed in the request. Discussion followed about adding a condition to the request concerning the cleaning of equipment. The public hearing on this request was opened and closed without cominent. Commissioner Senigaur moved to approve the 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, as requested in file PZ2021-12, with the following condition: 1. The cleaning and filtering process of the cleaning of the rental equipment be subject to approval of the Water Quality division of the City. Commissioner Makin seconded the motion. The motion to approve carried 7:0. 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 Mr. Boone presented the 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 may be 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. Mr. Boone stated that the Beaumont City ordinance has not be challenged under this new court case as of yet, but the purpose of the proposed amendments would be to prevent being subject to challenge. He added that the proposed changes remove any reference to sign content, with some exceptions. He stated that the intent is to retain as much as possible from the current ordinance, while making changes to comply with the Supreme Court decision. Mr. Boone addressed several specific proposed changes including provisions for house numbers, real estate signs, construction signs, flags, garage sale and election signs. 5 Planning Commission March 15, 2021 Commissioner Senigaur asked about the penalties for signs being too large. Mr. Boone replied that penalties can be applied for any violations, as long as they are not based on the content of the sign. He added that the City procedure is normally to issue warnings first, but that charges can also be filed with Municipal Court. Chairman Nejad expressed displeasure with the proposed sign regulations, stating that they do not make sense to him. He stated if he had three (3) kids in three (3) different schools and wanted to put all of their flags up, he would not be allowed to under the proposed amendments. Mr. Boone responded that under the proposed amendments, he could have two (2) flags. Mr. Cooper and Mr. Boone reiterated that the number of flags and signs in the proposed amendments could be changed by City Council, with recommendation from the Commission. Chairman Nejad also questioned the proposal that house numbers must be affixed to a house. He stated that his house is three hundred (300) feet from the street and the house number would not be seen. Chairman Nejad added that he just does not see that the he should be in the business of telling people what they are and are not allowed to put in their yards. He also mentioned if large propeities that are for sale adhere to the proposed amendments, that they would not be able to put multiple for sale signs, leaving much of the property unnoticed. Mr. Boone responded that the current ordinances are full of telling people what to do with signs on their property. He added that these proposed amendments are an attempt to maintain the current schemes that have been developed over decades, while adhering to the admittedly odd scheme requirements of the Supreme Court decision. Finally, he mentioned that even the Supreme Court struggled with the decision on this case. Councilmember Neild asked about construction signs. He stated that in the construction business, it is not uncommon to have ten (10) to fifteen (15) signs on a job site. He added that many of these signs are life safety issues so he doesn't see how limiting those could be enforceable. Councilmember Neild also stated that nineteen (19) people are currently running for City Council and that if he wanted to put signs for all nineteen (19) candidates in his yard, he does not think the City has the right to tell him that he cannot. Mr. Boone stated that the number of signs would be up to Council. Councilmember Neild replied that he wanted to know from a legal standpoint if the limit could be enforced. Mr. Cooper replied that legally, the City can limit the size, number and location of signs. Councilmember Mouton asked how many complaints the City typically received about signs. Mr. Boone replied that complaints were not received very often, but that large political signs do tend to draw some complaints. Councilmember Mouton asked if signs could be dealt with by the City on a case -by -case basis. Mr. Boone expressed that the specifics of the number and size of signs proposed could be changed by City Council with recommendations fiom the Planning Commission, and that the proposed changes were simply an attempt to preserve as much as possible of what has been adopted in the current ordinances, while adhering to the Supreme Court decision. A Planning Commission March 15, 2021 Commissioner Noyola thanked the staff for their work on the proposal and stated that he sees it as a template, the specific details of which are negotiable, but that we need to have a standard to follow. Chairman Nejad stated that there is already a robust sign ordinance being followed and enforced. Commissioner Senigaur expressed that many construction signs are requirements and perhaps could be exempted. Commissioner Makin suggested that more time would be needed to make decisions on this proposal. Commissioner Noyola stated that the Commission could vote on it at this meeting, as City Council has the final decision on the request. Mr. Boone agreed that it was a lot of information to consider and suggested a possible subcommittee of the Planning Commission. Discussion from the Commission followed on whether to postpone the request, have a workshop or form a subcommittee. Councilmember Getz addressed his concerns about how this sign ordinance affects constitutional rights, particularly political signs. He stated that the proposed amendments may conflict with the Texas Election Code. Further discussion followed concerning the details of the ordinance changes and a possible workshop or subcommittee. Alternate Commissioner Harris expressed her concerns with excessive signs hindering the beautification of the City, especially in neighborhoods that are under development. She added that if the City is not able to regulate the content of signs, that regulation of the number and size is needed. Commissioner Senigaur moved to postpone the 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), as requested in file PZ2021-17, for further review, including a special meeting of the Planning Commission with the City Attorney. Commissioner Makin seconded the motion. The motion to approve carried 7:0. 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. 11" Street Mr. Boone presented the staff report. Proctor's Mortuary is requesting permission to allow a crematorium at 3475 S. I Ph 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 fiom 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 VA Planning Commission March 15, 2021 alleyway. There should be no further encroachment on this alleyway unless an abandonment has been granted. Slides of the subject property, site plan and surrounding area were shown. Twenty-six (26) notices were mailed to property owners within two hundred (200) feet of the subject property. One response was received in favor and one was received in opposition. Mr. Boone read the letters. The letter in favor did not provide any further comments, but the letter in opposition expressed concerns about health, safety and property values. Mr. Boone stated that this proposal was presented to the City Health Department, which had no objections. He added that staff had done some research on crematoriums and found that the Environmental Protection Agency has found that there is some heavy metal exhaust produced, but not enough to require regulation. He also added that other states, such as California, Connecticut, Florida and Georgia, do regulate the location of crematoriums. He stated that the state of Texas does not regulate crematoriums, other than requiring registration with the state and that the crematorium must be attached to a funeral facility. He stated that the applicant has indicated that they will comply with the state regulations. Staff reconunended approval of the request with the following conditions: l . 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. The applicant was present. Loshon Proctor, 3522 Washington Blvd, addressed the Commission. He thanked the Commission for the opportunity to speak about the request. He discussed the state regulations of a crematorium being connected to a funeral home and confirmed their intent to comply with the regulations. He added that an embalming backflow will be attached that will comply with Texas Funeral Service Commission regulations. Chairman Nejad asked about crematorium emissions. Mr. Proctor replied that they will be using a company called US Cremations, based in Florida, which is regulated and there is no concern with emissions. He stated that people often do not even know when crematoriums are burning, due to their filtration systems. He stated that they have visited other crematoriums, including those near residential areas, and have not seen any concerns. Chairman Nejad asked how the applicant would reassure a neighbor who had concerns. Mr. Proctor stated that the facility will be safe, bring higher property values and beautify the neighborhood by improving a vacant building. Chairman Nejad asked the applicant if he would be willing to talk with the property owner who wrote the letter in opposition and Mr. Proctor agreed to do so. E:3 Planning Commission March 15, 2021 Commissioner Senigaur inquired about the employment the crematorium would add. Mr. Proctor responded that they plan to employ two (2) to three (3) employees and that the facility will be open during the normal business hours of 8:00 a.m. to 5:00 p.m. Mr. Proctor added that there are currently only two (2) crematoriums in the area, at Broussard's and Claybar funeral homes. He stated that Broussard's only uses their crematorium for their own customers, but that Claybar services all other funeral homes. He stated that the Proctor funeral home plans to only use their crematorium for their own customers at first, but may consider providing the service to others. Commissioner Makin asked if the applicant is purchasing or leasing the property and he replied that they are waiting to close on the purchase. Commissioner Beatty asked if the applicant knew the property owner in objection. Mr. Procter stated that he did not know her, but will reach out to her. Commissioner Javed discussed the property values of the area, as he owns property nearby. He also asked if there is a smell associated with the crematorium. The applicant replied that there is not a stnell produced due to the filtration system. The public hearing was opened and closed without comment. Commissioner Quraishi moved to approve the request for a Specific Use Permit to allow a Crematorium in a GC -MD (General Commercial — Multiple -Family Dwelling) District, as requested in file PZ2021-36, with the following conditions: 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. Commissioner Senigaur seconded the motion. The motion to approve carried 7:0. 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 Mr. Boone informed the Commission that this item had been withdrawn by the applicant. OTHER BUSINESS None. THERE BEING NO OTHER BUSINESS, THE MEETING ADJOURNED AT 4.19 P.M. 9 DATE: April 19, 2021 TO: Planning Commission FROM: Chris Boone, Director of Planning and Community Development SUBJECT: Consider a request for preliminary plat approval of Willow Creek Country Club Estates, Section X—E, Beaumont, Jefferson County, Texas. FILE: PZ2021-70 Preliminary Plat — Willow Creek Country Club Estates, Section X—D STAFF REPORT Eric Giron, E.I.T., of Schaumburg & Polk, Inc. has requested preliminary plat approval of Willow Creek Country Club Estates, Section X—D. The project is located northeast of the intersection of Major Drive and Walden Road within the Beaumont City Limits. The development is a 5.273 acre, nineteen (19) lot, single family, residential subdivision. The residential street, Skellig Bay, has a fifty foot (50') right-of-way with a pavement width of twenty-seven feet (27'). The collector, Willow Bend Drive, has a sixty foot (60') right-of-way with a thirty-seven foot (37') pavement width. Water and sewer will be provided by extension of City of Beaumont utilities. The applicant is requesting a waiver to Ordinance Section 26.03.002 requiring the street intersection centerlines to be 150' apart. Mr. Giron states the location of the proposed street is due to previous development to the east (Champions Subdivision) which resulted in the now existing sanitary sewer main. The proposed offset between the proposed Skellig Bay and the existing Quail Hollow Drive would be approximately 110 feet instead of 150 feet. Section 26.05.002(a)(1) Where the planning commission finds that extraordinary hardships or practical difficulties may result from strict compliance with these regulations or that public interest may be served by an alternative proposal, it may approve variances to these subdivision regulations so that substantial justice may be done and the public interest secured provided that such variances shall not have the effect of nullifying the general intent and purpose of these regulations; and further provided that the planning commission shall not approve variances unless it shall make findings based upon the evidence presented to it in each specific case that: (A) The granting of the variance will not be detrimental to the public safety, health, or welfare or injurious to other property. (B) The conditions upon which the request for a variance is based are unique to the property for which the variance is sought and are not applicable generally to other property. (C) Because of the particular physical surroundings, shape or topographical conditions of the specific property involved, a particular hardship to the owner would result, as distinguished fr�orn a mere inconvenience, if the strict terms of these regulations are enforced. (D) The variance will not in any significant ii,ay vary the provisions of the zoning ordinance, zoning map, or comprehensive plan. Per the Subdivision Ordinance Section 26.05.002(a)(1), should the Planning Commission determine that the requested waiver is justified, the Planning Staff recommends approval of the Preliminary Plat. 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: Eric Giron, E.I.T. — Shaumburg & Polk, Inc. Willow Bend Development, Inc. Northeast of the intersection of Major Drive and Walden Road within the Beaumont City Limits RM-H 5.273 acres, more or less Residential FLOOD HAZARD ZONE: "X" — Areas determined to be outside the 500-year floodplain SURROUNDING LAND USES: SURROUNDING ZONING: NORTH: Residential RM-H (Residential Multiple -Family Dwelling — Highest Density) District EAST: Residential RM-H SOUTH: Residential RM-H WEST: Residential RM-H COMPREHENSIVE PLAN: Stable Area STREETS: Skellig Bay - Residential street with a 50' right-of-way and a 27' pavement width. Willow Bend Drive — Minor collector street with a 60' right-of-way and 37' pavement width and Dante Lane. DRAINAGE: Curb & Gutter WATER: 10" waterline along Willow Bend Drive SANITARY SEWER SERVICE: 12" sewer along Willow Bend Drive B EAU M ©N T SUBDIVISION APPLICATION APpkatlon whn on ksal a"x pie Planning & Community Development E2( Preliminary Plat 0 Amended Plat` ❑ Final Plat* ❑ Replete 0 Minor Plat* ❑ Vacate Plat perty Information St46•tlen Name vAl0WCreek Sect.X-E Address/tooeon 30.042127.94.184769 tatfalt 9-K* 1 edpA s.273 e011.0ul 19 Berudw 19 t Information Name: MGVan conpatmm SclMnVNng8PoR.Mc. tAa@y<Addrcas; 11MCOae9959eot.S4e100 cttat Beaumont state: Texas up: 77707 Phan: 4D9.066.0341 Uwe ato-W50-eag.tom Owner information name: NBe Ph 4n Compagll BeatsTal xWftwCteCt Yte. Maesq"'Lr— 1277CAUWAe City. 0,& 4 Safe: Texas 2Vt 71701 phsaet 409-832-0211 G"as: Otmera s'enewe Date .tlCSY1 o3--t6 AP buntsldNttse Date Applicant check ✓ City Check (-1) 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. Flood zones and boundaries, If applicable, shown on map. Elevations for full subdivisions. 9. Addresses clearly displayed 10. Certificate of ownership signed, stamped and notarized 11. Certificates of approval from City and County shown on map 12. All legal restrictions and regulations placed on the approval of plat shown clearly on map Checklist of items required on Preliminary Plat map: 1 1. title or name of plat, meridian north point vicinity map and name and signature of owner. ( 2. Written evidence of ownership. f 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. 5. 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, AZIA S. Topography if the surface is markedly uneven. 9. Boundaries and elevations of all areas located in the flood hazard and flood zones for all areas. /%/.411 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. y,M,l Midal ePlats(oRpn4l signed document) to be fled must be accompanied by lMlnafen(City &County), tax cetbfkMes, digital files (CAD. .pdfand shapefile), end 2 copies ofthe p4L tore Mrespu.aiaae endnw/aurveaea TDat! PlanningAp 'cation Acceptance: 3l I C) + PLANNING & COMMUNITY ( sipo Date DEVELOPMENT Revised3/2020 T 409.880.3100 F 409.880.3133 �Z� O PO Box 3827 1 Beaumont, TX March 18, 2021 City of Beaumont— Planning Department Mrs. Adina Josey P.O. Box 3827 Beaumont, Texas 77704 SCHAUMBURG POLK, l-'t------ tft Ni l _ Re: Willow Creek Country Club Estates, Section X-E—Preliminary Plat, Drainage Plan & Variance Request Adina, Transmitted herewith are the updated Five (5) prints of the Preliminary Plat (2.4"x 36, and online on the Portal, a PDF of the Drainage Plan with calculations and Preliminary Plat, a .DWG file of the plat, and a boundary shapefile. At this time, we are requesting that addresses be assigned to each lot. The Willow Creek Club Estates, Section X-E will include water, sanitary sewer, storm sewer and street paving typical with single-family residential development. All utilities will be underground. The subdivision will be located North of the intersection of Walden Road and Willow Bend Drive. Section X-E will have a total of 19 single-family residential lots and comprise a total of approximately 5.273 acres. The city assigned addresses to the lots as of March 17, 2021. Also, at this time, SPI would like to request a variance to Ordinance Section 26.03.002(7) requiring the street intersection centerlines to be 150 feet apart. Previous development to the east (Champions Development) resulted in the sanitary sewer main to be installed in its current location. The proposed street location coincides with the existing sanitary sewer main. The current layout provides for adequate sight distance along Willow Bend (current posted speed limit of 30 MPH) and an adequate street curvature of the proposed residential street while aligning with the sewer main, for pedestrian safety. Should you have any questions or comments please do not hesitate to call. Sincerely, Schaumburg & Polk, Inc. �' A79i) Eric Giron, E.I.T Project Engineer GASubdivisionWPhelan1193356 Willow Creek X-E1Prelim Submission DraflUm smiitai i PiiPr n'A4u9n9i.A— wvvw.SPI-ENG.com iA�Srt'� A ,a7 e g�SkyxE4tX � � 4I ��pCpa6 8Aa g 7 5 S2�<g •� 9 €i'���Iv 8Aa 9 'B �� d A i b Vi o�Sr�tip b m t; �1 1 1 , I 1 1 1 z I � I I n -J o A 1 I i e8 E: Z Ong nec�a' aid � L 9 Z2021-70: Request for Preliminary Plat approval of Willow Creek Country Club Estates, Section N -E, Beaumont, Jefferson County, Texas. pplicant: Eric Giron Location: East of Willowbend Drive just north of Quail Hollow Drive 0 100 200 L 1 1 I Feet Legend Q PZ2021-70 R-S M r' WV R-'S C'AURELWOOD5'ST' RM=H \\ �_- i QUAIL-HOL�LOVI! CDR — 'It R`S " 'TORNBE ., CIR _ RMH I yWINTERBERRYyfST 01 — —R-"S' — fl "TORREY(gILVERL"EAF ST 0 rrs'R't y'c-f— i R-S i DATE: April 19, 2021 TO: Planning Commission FROM: Chris Boone, Director of Planning and Community Development SUBJECT: Consider a request for approval of a Preliminary Plat of Pine Island Estates, Phase 3A, Jefferson County, Texas. FILE: PZ2021-80 Preliminary Plat - Pine Island Estates, Phase 3A STAFF REPORT Fittz and Shipman, Inc. has requested preliminary plat approval of Pine Island Estates, Phase 3A. The project extends west of the existing Phase 2, along Ponderosa Trail, intersecting Bond Road, within the Planning Area of the City of Beaumont E.T.J. The 36.821 acre development is a thirty (30) lot, single family, residential subdivision. Lots will front on the extension of Ponderosa Trail or Shortleaf Trail. Water will be provided by Meeker Municipal District and sewer will be individual septic systems. Although this property is located outside of the flood hazard, due to historical flooding, minimum required floor slab elevation will be set at elevation 31.00. This requirement is noted on the plat. As the subdivision lies within the Planning Area of the E.T.J., Jefferson County design and construction specifications shall apply. The applicant is requesting waivers to Section 26.03.002 requiring that a cul-de-sac be no more than 800' in length and rural standards requiring a maximum of 24 lots on a single outlet street. The Planning staff recommends approval of the plat. Although waivers were requested, per Beaumont Subdivision Ordinance section 26.03.002(12) Street design, construction and acceptance is subject to approval of Jefferson County Engineering and City of Beaumont Engineer. Street lights, however, are not required. 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 D. Doguet Extending to the west of Pine Island Estates, Phase 2 along Ponderosa Trail, intersecting Bond Road 12M 36.821 acres, more or less Vacant FLOOD HAZARD ZONE: "X" — Areas determined to be outside the 500-31ear floodplain SURROUNDING LAND USES: SURROUNDING ZONING: NORTH: Vacant NA EAST: Residential NA SOUTH: Vacant NA WEST: Vacant NA COMPREHENSIVE PLAN: Agricultural STREETS: Ponderosa Trail — Major Arterial with an 80' right-of-way with a 36' wide paved roadway. Shortleaf Trail — Local Street with a 60' right-of-way and 20' wide pavement width. DRAINAGE: Open Ditch WATER & SANITARY SEWER Meeker Municipal Water District and individual SERVICE septic systems. BEAUMONT Planning & Community Development sr.,, rnformairnn SUBDIVISION APPLICATION 0( Preliminary Plat ❑ Amended Plat G Final Plat ❑ Replat ❑ Minor Plat O Vacate Plat .. ,..-, ...._...._.._.. r.WS%%o. N.— Pine Island Estates Phase 3A J Add—A-ti 1 Prop. Ponderosa Trail, Shordeaf Trail „q* swats} 1-18 136,1 B7, 1-2 B8, 1-5 139, 1-4 B10 6, 7, 8, 9 & 10 1of A- .. .oftwn .er uM+: 36.821 30 N/A nRant Informatinn C"PeeY. Mr. Donald R. King, P.E. Fittz & Shipman, Inc. MOWAd&— W. st,tn ny: 1405 Cornerstone Court Beaumont Texas 77707 Ph... E"Ar (409) 832-7238 dking@fittzshipman.com Owner Information NaMr.ve: CW"At",r Mike Doguet Do uetrs Diamond D Ranch LTD. MI'.SAa Addrass: MCA state: Ito: 2055 Diamond D Drive Beaumont Texas 77713 Phae: 9-1. 409 866-8873 =1 miked@doguetturtiarm.com Ornrr i SraratJe Ore Michael D. Doduel Applca+ irn,nre . King, P.E. wre Applicant check IV) 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: I/ ✓ 1 1. Title or name of plat, meridian north point, vicinity map and name and signature of owner. 2. Written evidence of ownership. r/ 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. t/ 5. 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. V 8. Topography if the surface is markedly uneven. ✓ 9. Boundaries and elevations of all areas located in the flood hazard. 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. —Y i1CJ r".1 W6.1 ' —% a.ue ../sue.: Do tl R. King, P.E. �e PlanningAp intionAcceptance: l 17 sr.n,ran: Cau Revised 11/19 PLANNING &CONIMUNnY DEVELOPMENT T 409.880.3100 F 409.680.3133 PO Box 38271 Beaumont, TX 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 March 18, 2021 Mr. Chris Boone Planning Department City of Beaumont P. O. Box 3287 Beaumont, Texas 77701 RE: Pine Island Estates. Phase 3A Preliminary Plat & Drainage Plan — 36.821 Acres Dear Mr. Boone, Considting Enghwers and Land Sumveyors Daniel A. Dotson, P.E., President Donald R. King, P.E., Vice President FS Proj. No. 18060A Submitted for your review and comment are two (2) prints and a .PDF file of the Preliminary Plat and Drainage Calculations for the proposed 36.821 acre Subdivision titled Pine Island Estates — Phase 3A. 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 the intersection of South Pine Island Road and Walden Road (approx. 3.5 miles from the Beaumont City Limits). Pine Island Estates Phase 3A will consist of the extension of Ponderosa Trail from Pine Island Estates Phase 2 northward and westward approximately 2,480 feet. Phase 3A will be developed as 30 large single family rural residential lots ranging in size from 0.67 acre to 1.56 acre with typical lots being approximately 1 acre. All streets are proposed to be asphalt pavement with open swale roadside drainage constructed to Jefferson County Subdivision Standards and the Rural Street provisions of section 24-13 (k) of the Beaumont Subdivision Ordinance. The extension of Ponderosa Trail will have an 80 foot Right -of Way (ROW) width with 36 foot asphalt pavement (two 12 foot lanes with 6 foot shoulders each side). Shortleaf Trail and other adjacent streets will have 60 foot ROW widths with 20 foot wide asphalt pavement in compliance with the Jefferson County construction standards. A 20 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. Drainage will be provided by the roadside swales and culverts which direct storm water generally south to proposed drainage channels which will also serve as storm water detention basins which will be owned & maintained by the homeowners association and then south to the DD6 Channel No. 607. Domestic Water will be provided by extension of water lines from the Meeker Municipal District (MUD). Sanitary Sewer will be provided by each homeowner by installation of individual aerobic treatment units with sprayfields or drip -irrigation in accordance with Jefferson County Environmental Control Standards. All lots within this phase of this subdivision are located outside of FEMA 100 year flood zones. Minimum required floor slab elevation based on historical flooding will be set at elevation 31.00 and is noted on the Preliminary Plat. Addressing and Proposed Street names have previously been submitted to the Southeast Texas Regional Planning 911 office and have been approved. 1405 Cornerstone Court • Beaumont, Texas 77706 • (409) 832-7238 • fax (409) 832-7303 Tx Board of Prof Engineers Firm No. F-01160 9 Tx Board of Prof Land Surveyors Firm No. 100186 Mr. Chris Boone March 18, 2021 Page 2 Variances Requested: Pine Island Estates — Phase 3A Preliminary Plat & Drainage Plan 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: a. Extension of Ponderosa Trail. Request additional length due to large 1 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: MIKE DOGUET DIAMOND D RANCH LTD. 2055 DIAMOND D DRIVE BEAUMONT, TX 77713 409-866-8873 OFFICE 409-866-8883 FAX Please contact me regarding questions or comments. Sincerely, Fittz&Shipman, Inc. S0�0 by: Donald R. King. P.E., Pr j ct En ineer for the Firm 18060ATR0l Submitted Materials: • $350.00 Preliminary Plat Fee • 2 prints - Preliminary Plat — Pine Island Estates Phase 3A (1 Sheet) • 2 prints — Pine Island Estates Master Plan s 2 prints — Drainage Area Map + Prelim. Drainage Calculations (5 sheets C2.00-C2.40) • 1 copy — Warranty Deed 2014003244 (Proof of Ownership) • 1 copy — Power of Attorney — Mike to Lisa Doguet, Lisa to Mike Doguet • 1 CD with CAD of Preliminary Plat & other documents Fittz&Shipman, Inc. t :��g;� ��B►�s ¢ iCR�e€ r aEA¢�6 O i I ngll C 6F�I''i 8e'GG�b�ij36ikv o.°U1N ' "! fl �t l� A4 FYR Fn :0 ,- CA S�czi� , 15 7 17 7 a 9gge � o �•� l g7a33 I ��� ! � i ['� j. 1RAt l*fj 91 o eI _ �R 9 I I I 0 O[N`lo e F V € 'aI I NNN._______-___ c Y 4' }) RRI i w No 6a o �Ipm m � to n , e¢ is o z A m o m W W ti `I O W V y •ODD z,;U .m sly ��<nm�c �pJ 0 ANN K ir-i o i q�Il j Si#FtF sib 9 ; i f]p] l,�i !.. yyigqi NOyo (AO R �n y000rtl0.�f+d 4tg4 j;e ;ir icF 2i[ IISi �i tIi i 1, Nzv mrn xm prrrOW c ;7f€s s dtl }} §;!a:`F iI d{� �Y if 7 &g 3=o 0,>m Nm� a000�� W iii ro 3j;a ia': i'"s, al m m o c o D m DNm G, p I A c z O o 'w N v/ FL `it 'std GY ; trhx: �.'� �II - , �' i'o i- ''�, Fw " � f: i� �°fir_ -' •,. ", §• §" `\ ```• ' ' - -----+ =u CA to \ ;> I� s• {w i> {" i" §w +" il: i {w x � "� � s"•1 i it r ----------- isf}I iC; kv. 'j �a {d E� j- "n E" i' {" is 1 s� m ,�+ BVI I :w io I• �/ J is c• a - is (u 2 11LL i- j 'W i" i. i� r i• i c i" 6-4 {w j " i" 11 -i ; Rsy—I T m Go m n a ti r 111 §$ >-CID � Orn 0 8 'IA�oMMo D oz.Ag� vOocow .000i, W�.`HI4I.OtiI4O.tiI4 V�O.ytiI { AnSCCN'OZ`Z C i Av ... i7 F ? r ��mwo 10 > A41Pip $ ozvZwro -A?° OhrhO t: A >c d n s Nm mmD rslrl C [ 7 q ->.m Nmw a OOOi:r W iii 'DUD mx Cl m_ o" >-z � +{Ep W y �t In. I o w O Of lip DAm0 = 8 y Z2021-80: Request for Preliminary Plat approval of Pine Island Estates, Phase 3A, Jefferson County, Texas. Applicant: Donald R. King, P.E. of Fittz & Shipman, Inc. Location: Near the intersection of South Pine Island Road and Walden Road 0 1,000 2,000 1 1 1 1 Feet DATE: April 19, 2021 TO: Planning Commission FROM: Chris Boone, Director of Planning and Community Development SUBJECT: To consider a request for a Replat of Lot 1 into Lots I & 113, Block 11, Woodland Acres, Beaumont, Jefferson County, Texas. FILE: PZ2021-84 Replat — Woodland Acres, Lots 1, Block 11 STAFF REPORT Thomas Rowe of Mark W. Whiteley & Associates, Inc., has requested approval of a Replat of Lot 1 into Lots lA & 113, Block 11, Woodland Acre, Beaumont, Jefferson County, Texas. The intention of the plat is to divide one (1) large lot into two (2) creating a new vacant buildable lot. Both lots exceed the minimum lot requirements. The Planning Staff recommends approval of the request. Exhibits are attached. PUBLIC NOTIFICATION Notices mailed to property owners 11 Responses in Favor . Responses in Opposition GENERAL INFORMATION/PUBLIC UTILITIES APPLICANT: Thomas Rowe of Mark W. Whiteley & Associates, Inc. PROPERTY OWNER: LOCATION: EXISTING ZONING: PROPERTY SIZE: EXISTING LAND USES: FLOOD HAZARD ZONE: SURROUNDING LAND USES: NORTH: Residential EAST: Residential SOUTH: Residential WEST: Residential DRAINAGE: WATER: SANITARY SEWER SERVICE: Mario Gobert 6995 Ellen Lane RS (Residential Single -Family Dwelling) 1.0321 acres, more or less Residential/Vacant "X" - Areas determined to be outside 500-year floodplain SURROUNDING ZONING: RS (Residential Single -Family Dwelling) RS RS RS Stable Area Ellen Lane— Local Street with 60' right-of-way and a 20' pavement width. Mar,garet Lane— Local Street with 60' right-of-way and a 18' pavement width. Open ditch City of Beaumont 2" water line City of Beaumont 10" sewer line PROPERTY OWNERS NOTIFIED WITHIN 200', WITHIN SUBDIVISION BEGELTON REGINALD BRIGANCE CHRIS & CHARLOTTE CONGER TODD CULBERTSON ROBERT MERRILL JR & PATRICIA ANN (LIFE ESTATE) FORSE BRANDON C. & DANI K GAGE HOLLIS GILBERT III GOBERT MARIO S MCCARTNEY RONALD G ET UX WILTZ ANTHONY TIMOTHY JR ZAVALA JAIME A LOPEZ BEAUMONT As ring d Coatr w*y D"iopmetrt 'roperty Informatlon SUBDIVISION APPLICATION Preliminary Plat Amended Plat Final Plat IN Replat Minor Plat Vacate Plat Zeplat of Lots 1A & 18, Black 11, Woodland Acres 6985 & 6995 Ellen Lame W,r Sara 2 1 1.0321 Ades 2 Applicant information Thcrtrai $. Rnsrd Math V1 YOM'dnv R Aw�QWIZ r N KtAIYeG; .—V�__.--___ 409-992.042t f?wrrcr trrfarmati0n Mario Gobert 913 Almond Street -F-W 346.292fi334 roxo@m*wossoc.com Savtown MA Toxas 3-22-2021 77521 Applicant check 1✓} city Check)— Checklist of items required on PLAT to be filed: � � �_-- x 1. Title or name of plat, meridian north point, scale of map and vicinity map. x 2. Definite legal description and identification of the tract being subdivided. x 3. All block, lot and street boundary lines referenced to Texas State Plane Coordinate System. x 4. Building Lines and easements. x _ S. Actual width of all streets, measured at right angles or radially, where curved, shown on map x 6. A4 necessary dimensions accurately displayed 7. Names of a0 streets and adjoining sub0ftions show_ n on map x 8. Benchmark elevations on map x 9. Flood tones, boundaries and elevations shown on map T x 10, Addresses dearly displayed x 11. Description and lotateon of permanent survey reference monuments for full subdivision plats x x _ 12. Certificate of ownership signed, stamped and notarized 13. Certificates of approval from City and County shown on map x 14. All legal resuictions and regutatioris plated on the approval of plat shown clearly on map Checklist of items required on Preliminary Plat reap: �- 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. _ 6. Plan of subdivision with blocks, lots, alleys, easements, building lines, parks and dimensions. 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. 10. Location of all existing pipeline easements with size, type of product and pressure. 11. dame of registered surveyor/engineer responsible for preparing the plat. n� 12. List of all restrictive covenants, conditions, and limitations to govern property being subdivided. 3-22.2021 M,npOyL�pwlfawtor O� f �DP�utron pgn00; sW,aw p PLANNING 8 COMM DEVELOPMENTPMENT T 409.880,3100 F 409.880,3133 PO Box 3827 1 Beaumont, TX pz ZO, Z(�- 3q MWA MARK WHITELEY& ASSOCIATES CIVIL ENGINEERING I LAND SURVEYING I PIPELINE SERVICES 3250 EASTEX MY, IIEAUNIONT, TEXAS 77703 March 22, 2021 City of Beaumont Planning and Zoning Department P.O. Box 3827 Beaumont, Texas 77704 ATTN.: Adina Josey REF.: Replat of Lots 1 A & 1 B, Block 11 Woodland Acres A. Duwe Survey, Abstract No. 459 Beaumont, Jefferson County, Texas Dear Adina: Please find attached 2 original mylars, 5 copies, a copy of the paid tax receipt and one check for Jefferson County fling fees for the above referenced minor plat. No additional infrastructure is required for this replat plat. Your earliest attention to this matter would be greatly appreciated. As always if you have any questions or need additional information please call. I remain Sincerely Thomas . Rowe, PE, RPLS President Texas Surveying Firm No.: 10106700 Texas Engineering Firm No.: 2633 409-892-0421 https://mwwassoc.com a � 4 a I y Q a till 0 0 c :1 63 O ai iN0 N/1'SY31'V!i<9AT g� 1 1 1 1 I 1 1 4 1 � I ®g� E I e I 5 1 m ■F �_ I P x I I 1 I I I S Y gg @ I D i A 3 Jill, - - - - - - - - - - - - -------------- fia CI 8 g MARGARET LANE adiy �a z@ RyY; V q�I1F W m p�*0 3c c Alm r0 O T gg�m Q0 ml^v� m ow c� zNv Ql o L9iO�m 2pmO Pa o - _4 W ��£D n p +:�• g•; g� p��i C AA T -n n c w Z E ..1 lomx p Fybni DV OB i' f 2 G 4 p co s J O N •yu�U.. m� Z2021-84: Request for a Replat of Lot 1 into Lots 1A & 1B, Block 11, Woodland Acres, eaumont, Jefferson County, Texas. Applicant: Thomas S. Rowe. Location: 6985 and 6995 Ellen Lane 0 100 200 1 1 1 I Feet N M F i Legend F. PZ2021,-K Q R-S dr i I R-S DATE: April 19, 2021 TO: Planning Commission FROM: Chris Boone, Director of Planning and Community Development SUBJECT: To consider a request for a Replat of Plat SP-2, Tract 110-D, H. Williams Sin -Vey and part of Lot 1, Cummins Place into Lots lA & 1B, Block 11, Cummins Place, Beaumont, Jefferson County, Texas. FILE: PZ2021-85 Replat— Cummins Place, Lots 1A & 1B, Block 11 STAFF REPORT Thomas Rowe of Mark W. Whiteley & Associates, Inc., has requested approval of a Replat of Plat SP-2, Tract 110-D, H. Williams Survey and part of Lot 1, Cummins Place into Lots I & 1B, Block 11 Cummins Place, Beaumont, Jefferson County, Texas. At some point in the pasta portion of the sewer line for 7810 Hallicay Lane was placed on the neighbor's property and the owner is purchasing a portion of 7820 Halliday to correct the problem. Both lots exceed the minimum lot requirements. The Planning Staff recommends approval of the request. Exhibits are attached. PUBLIC NOTIFICATION Notices mailed to property owners 2 Responses in Favor . Responses in Opposition GENERAL INFORMATION/PUBLIC UTILITIES APPLICANT: Thomas Rowe of Mark W. Whiteley & Associates, Inc. PROPERTY OWNER: Darleen Wisby LOCATION: 7810 & 7820 Halliday Lane EXISTING ZONING: RS (Residential Single -Family Dwelling) PROPERTY SIZE: 3.179 acres, more or less EXISTING LAND USES: Residential/Vacant FLOOD HAZARD ZONE: SURROUNDING LAND USES: NORTH: Residential EAST: Residential SOUTH: Residential WEST: Residential COMPREHENSIVE PLAN: STREETS: DRAINAGE: WATER: SANITARY SEWER SERVICE: Shaded "X" - Areas determined to be between the 100 and 500-year floodplains, and AE — Areas with a 1 % chance of flooding in any given year with BFE (Base Flood Elevation) determined. SURROUNDING ZONING: RS (Residential Single -Family Dwelling) RS RS RS Stable Area Halliday Lane— Local Street with 50' right-of-way and a 18' pavement width. Open ditch City of Beaumont 6" water line City of Beaumont 8" sewer line PROPERTY OWNERS NOTIFIED WITHIN 200', WITHIN SUBDIVISION TINKLE LINDA GALE DAVIS WISBY SHELTON D & DARLEEN BEAUMONT Planning & Community Development Property Information SUBDIVISION APPLICATION [ I Preliminary Plat H Amended Plat ❑ Final Plat Ix Replat ❑ Minor Plat [l Vacate Plat Se6"A. Naeta Ad&t /tubon Replat of Lots 1A & 113, Cummins Place 7810 & 7820 Halliday Lane tout): sietat): 2 o Awes: R o lot: a of um. 3.179 Acres 2 ,plicant Information Noma: Company: Thomas S. Rowe Mark W. Whiteley& Assodales. Marry A"ma tlty. Soto: zip: 77703 Mona: 1-0: 409-892-0421 trowe@mwwassoo.com Owner Information N~ comwnr: Darleen Wsby Marry AAd— CAA: Sate: Zip: 7810 Halliday Lane Beaumont Texas 77706 Mona: E.A 409-651-1736 Ownefs Sl(natere - Date 3-22-2021 Appatant Spnatum Date Applicant check (✓) city Check ✓) Checklist of items required on PLAT to be filed: x 1. Title or name of plat, meridian north point, scale of map and vicinity map. x 2. Definite legal description and identification of the tract being subdivided. x 3. All block, lot and street boundary lines referenced to Texas State Plane Coordinate System. x 4. Building Lines and easements. x 5. Actual width of all streets, measured at right angles or radially, where curved, shown on map x 6. All necessary dimensions accurately displayed 7. Names of all streets and adjoining subdivisions shown on map x 8. Benchmark elevations on map x 9. Flood zones, boundaries and elevations shown on map x 10. Addresses clearly displayed x 11. Description and location of permanent survey reference monuments for full subdivision plats x 12. Certificate of ownership signed, stamped and notarized x 13. Certificates of approval from City and County shown on map x 14. 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. 5. Existing and proposed streets with street names. 6. Plan of subdivision with blocks, lots, alleys, easements, building lines, parks and dimensions. 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. 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. ISK r+ttr w 3-22-2021 olrespoM6k [Kbea/Survayot Date Applrcat n Ac eptance: k) Da Signature P2 - Ira 7-1 — A< PLANNING & COMMUNITY DEVELOPMENT T 409.880.3100 F 409.880.3133 PO Box 3827 1 Beaumont, TX MWA MARK WHITELEY& ASSOCIATES CIVIL ENGINEERING I LAND SURVEYING I PIPELINE SERVICES 3250 EASTEX 1�1YY, BEAUMONT, TEXAS 77703 March 22, 2021 City of Beaumont Planning and Zoning Department P.O. Box 3827 Beaumont, Texas 77704 ATTN.: Adina Josey REF.: Replat of Lots 1 A & 1 B Cummins Place H. Williams Survey, Abstract No. 56 Beaumont, Jefferson County, Texas Dear Adina: Please find attached 2 original mylars, 5 copies, a copy of the paid tax receipts and one check for Jefferson County filing fees for the above referenced minor plat. No additional infrastructure is required for this replat plat. Your earliest attention to this matter would be greatly appreciated. As always if you have any questions or need additional information please call. I remain Sincerely, Thomas owe, PE, RPLS President Texas Surveying Firm No.: 10106700 Texas Engineering Firm No.: 2633 409-892-0421 littl)s:Hmwwassoc.com N iJ �F7 It�413 'flail tF i attg, §f ey R ;s , E p Fa i €e a; i[ pit IF ibis `,Fib g�x1il at SFii1r gF'kti) rda. !dv� Eta F1 -1 F€ (t fy4 Sgf i�fjaf•f iFi71 F!#+F� ig F � gav�a S (f'!2 7 f'+7 �7' E7g'7�8� 1'7 dFR Y i i � i•� i�l� . gl�tF�t� f s g f1(it FFylg eE4gf`g i6i�i1�{Fgpp:g73g �dPy DE= Q��=ptf iF�It 4�g piE lEt �pp��tl fa �Ijj py id fYfY � �£E / ' p g y ¢l•77,E l.F � ,�ip �i�P3FF�IFF lit'g��` Y�� ' �$32i531 2Cy 4ieflr? gF MIN (Ip[ i' ids}} E�f'Egi .iFF,i atl+igiE s*Dwlvl•»w�nsY / �iPc.�ie �a°b Q tpf If Milt, l: ffsF7 cpal � sFit�IFil �•aF-�l i5 �' 9 fllq�,yY�t}jii jjiq►g►2i �l��feF�i i;�9E�§}p i$ � � ?�.ESI�FEEsdlfr,E g!i".a3it �r7�9ilfi i� � � p �• I i 9 Y' Ft• E f 3 ;��o gR7 g`ap cE§t} t'ii§'•1 } r+ C } t} i!i►" pDili Egi ° ypC Etpj}c el€gi 3 aP•ifat 1< -1 1 // �gd $ $ Oo In CA, aa� I / ° � i� iAD511'IYIaW 7gIi7F'• / yp3 ge / ; Zltt' yyEp § 3 -- Sif'SIZOw1�IA1' + (�� tE �' I E3 1 5� e 9 ) ' Mixg��o as ¢Naa��ya a I it HIM d§ d I �IM S _ CO = ��11 _ e $$p 3 {y ■a jI yyI m q 3 D O gg A ®g q {� �✓; iF� P 6F O j ti�R1i1 ,3l' gs ti D d d ayk 'q° py ®� > g �6Q9( 8$ {� E y54x_/ m to 9Q T41m ACOm.� d 3 a I op 2 Yt F42 3 f sss�rn m z 3-i ; A❑ n3Zmm YYYY d n y F 9 ��ve 71i3�� O', D O ODD_1O.190 ND°'D i�b't s4a`� 3eEc�i �2n��m0Oy rM,oI S ! � Z5 z n" m { g N ➢ati _ PZ2021-85: Request for a Replat of Plat SP-2, Tract 110-D, H. Williams Survey and part of Lot 1, Cummins Place into Lots IA & 1B, Cummins Place, Beaumont, Jefferson County, Texas. ,Applicant: Thomas S. Rowe. Location: 7810 and 7820 Halliday Lane 0 100 200 1 1 1 Feet .r; �I-ILegend \ Q!PZ202i1`-8 3 5 Q- a syq°k� R-s E; DATE: April 19, 2021 TO: Planning Commission FROM: Chris Boone, Director of Planning and Community Development SUBJECT: Consider a request for approval of a Preliminary Plat of Champions Subdivision, Phase II, Beaumont, Jefferson County, Texas. FILE: PZ2021-93 Preliminary Plat - Champions Subdivision, Phase 11 STAFF REPORT Joe Pattie, on behalf of Arceneaux Wilson & Cole, has requested preliminary plat approval of Champions Subdivision, Phase 11. The project is located at the north end of Dania Drve, across fiom Dishman Elementary School. The 6.8611 acre development is a twenty-two (22) lot, single family, residential subdivision. All lots will front on newly constructed streets. Omar Street and Dana Drive are both 50' wide right-of-ways. Water and sewer will be provided by the City of Beaumont and lots exceed the minimum lot area, width and depth requirements for residential property. Due to the proximity of Dishman Elementary, sidewalks will be required to be completed along with street construction. The Planning staff recommends approval with the following condition: 1. Provision of sidewalks in accordance with Section 26.03.004. This item was sent to all interested parties. Exhibits are attached. GENERAL INFORMATION/PUBLIC UTILITIES APPLICANT: Joe Pattie for Arceneaux Wislon & Cole PROPERTY OWNER: Galaxy Homes, L.L.C. LOCATION: The north end of Dania Drive across from Dishman Elementary. EXISTING ZONING: RS (Residential - Single Family Dwelling) District PROPERTY SIZE: 6.8611 acres, more or less EXISTING LAND USES: Vacant FLOOD HAZARD ZONE: "X" — Areas determined to be outside the 500-year floodplain SURROUNDING LAND USES: SURROUNDING ZONING: NORTH: Vacant RS (Residential - Single Family Dwelling) District EAST: Vacant/School RS SOUTH: Residential RS WEST: Vacant RS COMPREHENSIVE PLAN: Neighborhood Growth Unit STREETS: Dania Drive — Residential street with a 50' right-of-way to meet City of Beaumont standards. Omar Street — Residential street with a 50' right-of-way to meet City of Beaumont standards. DRAINAGE: Curb and gutter WATER & SANITARY SEWER 6" water and sewer lines to meet City of Beaumont SERVICE standards. BEAUM©NT Planning & Community Development owner Information H.— �n rI SUBDIVISION APPLICATION XPreliminary Plat ❑ Amended Plat ❑ Final Plat ❑ Replat D Minor Plat ❑ Vacate Plat 5hne: ai; `b7 -3 ,u Lk7 S /wr.ftStr�tir� `"��t eta /.pp'kant 54�natvre 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: „i 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. / 5. 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. K 8. Topography if the surface is markedly uneven. 9. Boundaries and elevations of all areas located in the flood hazard. 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. r/ 12. List of all restrictive covenants, conditions, and limitations to govern property being subdivided. as wmt 5lfnanx. of nrpwLk u�nen/wn:yor °rti Planning Appil cation Acceptance. sti�ator. om Revised 11/19 Pz ZCrZ-l3 PLANNING & COMMUNITY DEVELOPMENT T 409.880.3100 F 409.880.3133 PO Box 3827 l Beaumont, TX kNklk L 1k �Ml k a C .. ARCENEAUX WILSON & COLE engineering I so veying I planning 24 March 2021 CITY OF BEAUMONT Planning Division P.O. Box 3827 Beaumont, Texas 77704 Attn: Adina Josey, CFM Senior Plan ner/Floodplain Administrator Re: CHAMPIONS SUBDIVISION, PHASE II Dear Adina: Transmitted herewith in regard to the above referenced project are the following: 1) Subdivision Application form 2) Four (4) copies of the preliminary plat for Phase II 3) $350.00 plat application and processing fee 4) Reduced copy (8" X 11 ") of the preliminary plat for your staff report 5) Three (3) copies of the project drainage plan and design computations 6) Copy of the Declaration and Restrictive Covenants for Phase I 7) Diskette containing pdf images of the preliminary plat, the drainage plan/computations, and this transmittal letter. Phase II represents the final development phase of Champions Subdivision, consisting of 22 lots proposed for new single family residences. As with the previous phase of this development, sidewalks will be constructed on both sides of all streets including handicap ramps at the intersections as construction of each home is completed. The lots in Phase II will utilize the mail kiosk at the intersection of Farrah Drive and Dania Drive for USPS mail delivery. Street identification signs, a stop sign, and no outlet signage will be placed at the intersection by the developer in accordance with City requirements. All street, storm sewer, water, and sanitary sewer improvements will be constructed to City specifications. Upon final inspection of these improvements by City forces, the developer will request that future maintenance of these improvements be accepted by Public Works and the City Council. Primary and secondary electrical service will be underground with six (6) cobra -head streetlights to be placed at the locations shown on the preliminary plat. Telephone, gas, and communications services will also be installed to serve this development. 409.724.7888 3120 Central Mall Drive Port Arthur, TX 77642 Erxoneetng SunmY*9 F-16194 10194049 A LINk ffik WNEIVA r C n Jff Adina Josey, CFM Senior Planner/Floodplain Administrator 24 March 2021 The water system for this project will consist of reducing the existing 8" water main located just past the Phase I end of Dania Drive to a 6" and 2" at the cul-de-sac end of the street. The existing 6" main just past the end of pavement for Omar Street will be extended and reduced to a 2" at the ending cul-de-sac. 11/2" water service lines will be constructed to serve each lot. The existing 10" sanitary sewer line on Dania Drive will be extended north to the cul-de-sac. A manhole will be place at the end of the existing 8" sewer line at the end of the paved for Omar Street from which a 10" sanitary sewer line will be extended west and north to serve the remaining lots in this development. 4" single and dual service lines will be constructed off of the proposed 10" sanitary sewer lines to serve each lot. The Dania Drive trunk system of underground storm sewer was submitted and approved by the City as a part of the construction on Phase I in 2019. The existing 24" storm sewer at the intersection of Dania Drive and Omar Street will be extended to pick up a portion of the drainage for Phase II while a second storm system will be constructed along the west side of Omar Street and outfall via a 24" storm sewer to DD6 ditch no. 202-B, complete with concrete riprap lining per DD6 permit requirements. A Storm Water Pollution Prevention Plan (SWP3) will be prepared for Phase 11. Control measures will be implemented per State (TCEQ) and Federal (EPA) Regulations on this project in conjunction with the required City of Beaumont Grading Permit. Phase II of Champions Subdivision will embrace the same restrictive covenants imposed on the previous Phase I as recorded under County Clerk's File No. 2020000383 of the Real Property Records of Jefferson County, Texas making the lots in Phase II, by Supplemental Declaration, a part of the established Champions Subdivision Homeowner's Association. (Document attached) We trust that these development plans will meet with the Planning Commission's favorable approval at the upcoming meeting scheduled for Monday, April 191" 2021. We request that a copy of this submittal letter be attached with transmittals circulated to the various City departments, DD6, and, if applicable, the utility companies. Should you or your staff have any questions, certainly feel free to give us a call. Sincerely, Joe Pattie Awc - Consulting Planner #AVON f+i ,,ti cnw. Adina Josey, CFM Senior Planner/Floodplain Administrator City of Beaumont 24 March 2021 Attachments noted cc: Galaxy Homes, LLC Dr. Mustafa Musa Keestan X. Cole, P.E. Joe M. Wilson, Jr., P.E. Q:\Engineering\Projects\GLH-010\Correspondence\Letters of Transmittal\Ph II-P&Z Prelim Submittal.docx ! o � i;`H $xHx$ iad!I; t ' 555i� i s91 �pEigl�it € it gill r b tg 4gg{ 33 �a/ege€p98 y¢Iiep€ ateltx@ 9���Ha �I€;.ep�I1; ytY E bl$e�� a� g I I•�a ! a3=E3 9Y € a f x! p 191 x¢a�ifTy`� lj g1iA Ea �fg gBill;111, IN Ili 'I I I ! 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Location: Northerly extension of Dania Drive 0 100 200 1 1 I I Feet Legend R-S 9 (FAr r,,,. RM=H i R-S_7 LAURELWOOD' ST O i 70 — U)' M R=S c BERO'ST'— - R-S, 'RM-M -- 1 .•;WINTER-,` y; R-S. - t' DATE: April 19, 2021 TO: Planning Commission FROM: Chris Boone, Director of Planning and Community Development SUBJECT: Consider a request for Preliminary Plat approval of Springwood, Section 2, Beaumont, Jefferson County, Texas FILE: PZ2021-104 Preliminary Plat — Springwood, Section 2 STAFF REPORT Faust Engineering & Surveying, Inc. requested and received preliminary plat approval of Springwood, Section 2 back in 2015. This approval has since expired and the item is before you for approval again with a few changes. The project is located within the City of Beaumont at the northwest end of Alexis Street, northwest of RFD Road. The development is an 5.55 acre, twenty-six (26) lot, single family, residential subdivision. Riplee, a residential street, will have a 50' right-of-way and 27' wide pavement. The extension of Alexis, a minor collector, will have a 60' right-of-way and 36' wide pavement. Utilities will be provided by extension of City of Beaumont water and sewer. The property owner is expected to extend Alexis within two years of completion of this project. Section 26.03.002 of the Subdivision Ordinance states: "When the planning commission determines that there is a reasonable expectation that a dead-end street will be extended within two (2) years, construction of a temporary cul-de-sac may be approved... The portion of the temporary cul-de-sac which will serve as an extension of the street shall be constructed in accordance with the city standards and that additional portion of the temporary cul-de-sac shall be in accordance with the city standards for a permanent cul-de-sac or a cement stabilized base with an asphaltic concrete surface. The pavement radius shall be twenty-five (25) feet within a fifty foot right-of-way (in fee or easement). No parking shall be allowed on a street terminating with a temporary cul-de-sac. No curb shall be required on a temporary cul-de-sac. " In addition, due to the proximity of Roy Guess Elementary, sidewalks will be required to be completed along with street construction. The Planning staff recommends approval with the following condition: 1. Provide a temporary cul-de-sac at the northwest end of Alexis Street. 2. Provision of sidewalks in accordance with Section 26.03.004. This item was sent to all interested parties and exhibits are attached. GENERAL INFORMATION/PUBLIC UTILITIES APPLICANT: Faust Engineering & Surveying, Inc. PROPERTY OWNER: J.R. Concepts, LLC LOCATION: Northwest end of Alexis Street, northwest of RFD Road EXISTING ZONING: R-S (Residential Single -Family Dwelling) District PROPERTY SIZE: EXISTING LAND USES: FLOOD HAZARD ZONE: SURROUNDING LAND USES: NORTH: Vacant EAST: Vacant SOUTH: Residential WEST: Residential COMPREHENSIVE PLAN: l"YTT TTT!`I WATER AND SANITARY SEWER: 5.55 acres, more or less None "X" - Areas determined to be outside 500-year floodplain SURROUNDING ZONING: R-S R-S R-S R-S Stable Area Alexis Street — Local collector with a 60' right-of-way and 36' pavement width. Riplee Street - Local street with a 50' wide right-of-way and a 27' pavement width. Curb and Gutter Water and sewer provided by extension of City of Beaumont utilities BEAUMONT Planning & Community Development perty Information SUBDIVISION APPLICATION aD77�tbi prr.¢ an k[,I st:t pose i( Preliminary Plat I Amended Plat" Final Plat* Replat` Minor Plat' Vacate Plat w>srwa, nay. aserlss I Spring Wood, Section 2 Alexis Street, Beaumont, Texas 77708 . Yi/unr: A DE Inht Al Dnrc 5.55 Acres 26 - Applicant Information Aaron Ward Faust Engineering and Surveying, Inc. rr,arjAM,m r r.. ST" bP 5550 Eastex Freeway, Suite O Beaumont Texas 77708 nrone � k (409) 813-3410 aaron@fausteng.com Owner Information Norm: [anDarc� Jeremiah Brammer JR Concepts, LLC ewrradJn akr Sate: �+P 148 S Dowlen, PMB 701 Beaumont Texas 77707 pent rnm (409) 762-4182 jbrammerl@sbcglobal.net e f1°W i 4k BrA rn r' a�t/a.� Orre fs S'�nitun Oxe apjh M s'ytmre wte 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. Flood zones and boundaries, if applicable, shown on map. Elevations for full subdivisions. 9. Addresses clearly displayed 10. Certificate of ownership signed, stamped and notarized 11. Certificates of approval from City and County shown on map 12. All legal restrictions and regulations placed on the approval of plat shown clearly on map Checklist of items required on Preliminary Plat map: 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, buliding lines, natural features and buildings. 5. 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. 8. Topography if the surface is markedly uneven. 9. Boundaries and elevations of all areas located In the flood hazard and flood zones for all areas. 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. 1.12. List of all restrictive covenants, conditions, and limitations to govern property being subdivided. r,y,k,r Syr 'Plars(orWnal signed document)to hefixd murt boaaompa tried 6ytdVg fees (Cfty&County), tax ctrVfiates,rLgipl files (CAD, .pdfand shaptfkl, n( and2wDies tithe p!aL sFvutm of nsp—we Emlaftllsurvnw DM Planning A Ilcation Aaeptance: Fpuar. Dat! Revised 3/2020 PLANNING & COMMUNITY DEVELOPMENT T 409.880.3100 F 409.880.3133 PO Box 313271 Beaumont, TX FA UST Engineering and Surveying, Inc. Professional Engineers and Professional Surveyors E-MAIL ADDRESS INFO@FAUSTENG.COM 5550 Eastex Freeway, Suite O Beaumont, Texas 77708 Surveying Firm Registration No. 100024.00 Engineering Firm Registration No. 4800 March 24, 2021 City of Beaumont Planning and Zoning 801 Main Street Beaumont, Texas 77701 To Whom It May Concern: Telephone (409) 813-3410 Fax (409) 813-3484 Re: Spring Wood, Section 2 Attached for consideration is a Preliminary Plat for Spring Wood, Section 2. The subdivision will take up 5.55 acres, being a part of Tract I of a deed described in Clerk's File No. 2016035967 of the Jefferson County Official Public Records. LAND DEVELOPMENT USE FOR SECTION 1: TOTAL RESIDENTIAL LOTS 26 LOTS 4.38 ACRES RIGHT-OF-WAY 1.17 ACRES TOTAL ACREAGE 5.55 ACRES Our proposed access comes directly from Alexis Street. Water and Sewer services will be extended from the existing section of Spring Wood. For storm sewer, we plan on utilizing the existing layout constructed for Section 1, which extends to the adjoining DD6 ditch. Per your requirements, we have attached the following items: 1) 2 copies of the Preliminary Plat. 2) 1 copy of the original Master Plan. 3) CD containing a working CAD file and PDF of the Preliminary Plat. 4) A check to the City for $350 to cover city fees. Thank you for your assistance in this matter. If you have any questions, I can be reached by telephone at 409-813-3410. For the Firm, p4al-ID rlat4l- Richard F. Faust, P.E. Registered Professional Land Surveyor No. 4782 Registered Professioinal Enginner No. 58169 SW2 Preliminaiy N �is�ii �00 O O �yyy yyyy �j i. bb b �b b bLbbbb'ub bbq t�NNN NNNN GS �b b k � bb7lbbbkbbb Zc $oy � x 000eoal0000v �yA.nyAyAymy� y y E° MiA �i p� A AAgi A A A A A A Ao n OV�q Ace to �• 7, b Yb npb nb bb bbbbb pybyb Ea 17 '� fl y O y �y Cq bow�''4e C hhhN hh ba ba �i y ppppbhpp ni c`'.i oy $6 `I y yy yyyyy b b by t I I C) n 5Cicicl n s s 5$ ' t ` / 'i •J/ �' 3g 24 tIA e•il it= �s✓ a i as I Is" ` 4 s e• O �' e• tg i t'It J pp S q p ea i. p4� c °� °� t. � is fpg � f, � �• w .y ago Sabo /i$` .\ %t 1: �, \ \ •\ tC pp It it 14 Aq '•i s �e •`-e f Y^� y �-�y tm kC�bz '� A RRQJ '�O avj11 ro , Wro Rai �HEJ Mill �� .ill €e y0 RIP., g iR il�t r g" � z 5e` "e8 g@ >° �i� i PZ2021-104: Request for Preliminary Plat approval of Spring Wood, Section 2, Beaumont, N Jefferson County, Texas. Applicant: Aaron Ward of Faust Engineering and Surveying, Inc. Location: Extension of Alexis Street to the north 0 100 200 1 1 1 1 Feet R-g 4 ................. I WIN TOM ;, 'Legend _-- �' ;PZ2'021-1.04 RM-H DATE: April 19, 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. it. .0 ARTICLE 28.01 GENERAL PROVISIONS= k,✓ u See.28.01.001 Title This chapter shall be known and may be cited and referred to as the "Zoning Ordinance of the City of Beaumont, Texas." (Ordinance 81-17, sec. 1, adopted 3/10/81; 1978 Code, sec. 30-1) 0, &L Sec. 28.01.002 Adoption of statutes authorizing zoning ordinances The statutes of the state authorizing and empowering cities to zone their cities and regulate and restrict the height, number of stories, and size of buildings and other structures; the percentage of lots that may be occupied, the size of yards, courts, and other open spaces, the density of population and the location and use of buildings, structures and land for trade, industry, residence or other purposes; and in the case of designated places and areas of historical and cultural importance, to regulate and restrict the construction, alteration, reconstruction or razing of buildings and other structures; and authorizing and empowering the local legislative body to divide the municipality into districts of such numbers, shapes and areas as may be deemed best suited to carry out the purposes set out in such statutes, and within such districts to regulate and restrict the erection, construction, reconstruction, alteration, repair or use of buildings, structures or land, the same being chapter 211 Local Government Code are hereby adopted for and on behalf of the city; and the city, acting through its duly authorized officials, shall have all of the rights, powers, privileges and authority authorized and granted by and through such statutes. (Ordinance 81-17, sec. 1, adopted 3/10/81; 1978 Code, sec. 30-2) 4)� A Sec.28.01.003 Purpose The zoning regulations and districts as herein established have been made for the purpose of promoting the health, safety, morals, and general welfare of the community, and for the protection and preservation of places and areas of historical and cultural importance and significance. The zoning regulations and districts have been made in accordance with a comprehensive plan and are designed to lessen congestion in the streets; to secure safety from fire, panic and other dangers; to provide adequate light and air; to prevent the overcrowding of lands; to avoid undue concentration of population; to facilitate the adequate provision of transportation, water, sewage, schools, parks and other public requirements. The zoning regulations and districts have been made with reasonable consideration of the character of the district and its peculiar suitability for the particular uses, and with a view of conserving the value of building and encouraging the most appropriate use of land 1 throughout the community. (Ordinance 81-17, see. 1, adopted 3/10/81; 1978 Code, sec. 30-3) * a Sec.28.01.004 Definitions (a) Interchange. Words in the present tense include the future; words in the singular number include the plural number and words in the plural number include the singular number; the word "building" includes the word "structure"; the word "lot" includes the words "parcel," "plot," or "tract"; the word "shall" is mandatory and not discretionary. (b) Definitions. In the interpretation of this chapter, the following words and terms are to be used and interpreted as defined hereinafter: Accessory building. A subordinate building, located on the same lot as the main building, or a portion of the main building, the use of which is clearly incidental to and customarily found in connection with the main building or principal use of the land. Accessory use. A use which is clearly incidental to and customarily found in connection with the principal use of the premises and which is located on the same lot as the principal use. Adult bookstore. Any establishment which has as a substantial portion of its stock in trade, books, magazines or periodicals that contain material which, under the Penal Code of the state, may not be displayed or sold to a minor unless such minor is accompanied by a consenting parent, guardian or spouse. Adult motion picture theater. Any establishment in which motion pictures, slides or similar photographic reproductions are shown and which regularly, under the Penal Code of the state, excludes minors by virtue of age, unless such minor is accompanied by a consenting parent, guardian, or spouse. Apartment house. Any building or portion thereof used as a multiple dwelling for the purpose of providing three (3) or more separate dwelling units which may share means of egress and other essential facilities. BrelEpub. A retail establishment that manufactures, brews, bottles, cans, packages and labels malt liquor, ale and beer for sale or offer without charge, on the premises of the brewpub, to ultimate consumers for consumption on or off those premises, malt liquor, ale or beer produced by the holder, in or from a lawful container, to the extent 2 use existing at the time of the adoption of this chapter shall not become nonconforming as a result of a specific use permit requirement. Oven 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. Shoppin center. enter. 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. Sign. Any permanent, temporary, or portable structure or part 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, otherthan an accessory owner idenli fioatio sign, whieh di Bets attention to a business, cn,,.,medit. e A sign, often referred to as a billboard, intended to be leased, or for which payment of any !ype is intended to be or is received, for the display of anygood, 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. Sign banner. A type of sign that is generally constructed of lightweight plastic, fabric or a sunilar non -rigid material, and that is mounted/tethered to a pole(s), building or other structure at one (1) or more edges. Sign 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 sigeemmereial message or- an eleet.fanie feader board sign fbF PuFPE)ses of this ehapter. Sign mobile. Signs which are on or, otherwise affixed to, trucks, automobiles, trailers or other vehicles used primarily to support or display such signs while parked. Sign, oulner 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 payment of any ype is intended to be or is received, for the display of any good, service, brand, slogan, commercial message, product, or company. with the use of the pmpeFty, the kind of business oF the brand name of the principal commodity sold on the premises, or other inferination t7elative to " se. A— or aetivi�' involved in the eenduet of the business, but not including the names of subsidiaff pfeduets being sold. Sigrz, 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 ten2porary. A nonilluminated poster or 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. 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 permanent location on the ground. Temporary portable 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 01 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) ) � a Sec. 28.03.018 Historic -Cultural Landmark Preservation Overlay District (a) Definitions. Unless the context clearly indicates otherwise, in this section: Attention- etg, lltIg 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 tyI)e of sign that is generally constructed of liglitweigllt plastic, fabric or a similar 43 non -rigid material, and that is mounted/tethered to a poles), building or other structure at one (1) or more edges. Bloc ace. All of the lots on one side of a block. Certi rcate ofappropriateness. 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. Cohnnn. 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 land 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 building. 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. Sinfence. Signs attached or affixed to any type of fence. Sign, mobile. a„oviTSiiiess ssigns used to advertise a establishment or sere ee 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 ground or any othe structure and is designed to be moved from place to place. Trim color. 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 appropriateness required. A person commits an offense if (s)he is responsible for an alteration of the physical character of any real properly 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 (D) Structured parking. Vehicular access to parking structures with a vehicle storage capacity of three (3) or more is not permitted to or from the street on which the main building fronts, unless the lot abuts no other street or alley. (E) Screenina. Screening of off-street parking for multiple -family, commercial and industrial uses must comply with standards established in the Code of Ordinances (section 28.04.006). (F) Surface materials. The only permitted off-street parking surface materials are brushed or aggregate concrete, hot mix asphalt, masonry pavers or pervious parking surface materials capable of accommodating vehicles up to five thousand (5,000) pounds of gross vehicle weight and that allow the growth of lawn. Grass, caleche, dirt, gravel, shell, slag and clay surfaces are not permitted. (G) Driveways. Driveway widths shall not exceed the following dimensions: (i) Residential: a. Single-family: 20 feet. b. Two-family: 20 feet. c. Multiple -family: 24 feet. (ii) Commercial: 24 feet. (iii) Industrial: 35 feet. (8) Signs. Signs must not obscure significant architectural features, windows or doors of the building. The shape, materials, color, design, and letter style of signs must be typical of and compatible with the style and period of the architecture of the building and complement the district. Signs shall only be allowed where permitted by section 28.04.003 of this code or exempt from permitting as outlined in 28.04.003(e) of this chapter. In addition, all signs within the district must comply with the following standards: (A) Detached signs. Only one (1) detached sign is permitted on each lot and subject to the following restrictions: 48 (i) The structural support of the sign must be located at least five (5) feet from 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: (i) Advertising signs; (ii) Illuminated signs; (iii) Neon or fluorescent signs; (iv) Signs affixed, either permanently or temporarily, to street furniture; (v) Po tab! Portable -ssigns, exelu inn „olitiea and ,-eafty signs as defined in section S.n�-Q40-3 28.01.004, sign regulations, as outlined in the city Code of Ordinances; (vi) Mobile signs; (vii) Moving signs; and (viii) Fence signs. 49 (x) Other attention -getting devices used by commercial establishments. (9) Litter/trash and Junk. Section 12.07.001 [article 12.07], 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 fiom 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 merchandising. 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. 50 (3) Amortization of nonconforming structures and gravel and shell parking lots. With exception provided for main and accessory structures and fences, all structures and gravel and shell parking lots which are not erected under the terms of this section at the time of the adoption of same must be removed or otherwise made to conform with the terms of this section within four (4) years of the effective date of this section. There shall be granted no exceptions or extensions. 0) Designation as a contributing structure. For the purposes of this section, a property owner may wish to have a structure within an historic district to be singularly distinguished as a contributing structure. To obtain this designation, a property owner must follow the standard procedure set forth in section 28.02.007 (HC-L, Historic - Cultural Landmark Preservation designation). (Ordinance 93-28, sec. 1, adopted 6/29/93; Ordinance 93-50, sec. 1, adopted 8/24/93; Ordinance 95-50, sec. 1, adopted 8/29/95; Ordinance 98-27, sec. 1, adopted 3/24/98; Ordinance 00-83, sec. 1, adopted 9/26/00; Ordinance 01-018, sec. 1, adopted 3/6/01; Ordinance 02-008, secs. 1-3, adopted 1/29/02; 1978 Code, sec. 30-21.2; Ordinance 10-040, sec. 1, adopted 6/8/10; Ordinance 13-003, secs. 1-2, adopted 1/15/13) a Sec. 28.03.019 PD, Port Development District regulations (a) General purpose and description. The PD, Port Development District, is intended to accommodate the port or port -related development of property owned by the Port of Beaumont Navigation District. This district is located in close proximity to the Port of Beaumont in the area which is bordered generally on the west by Cypress, Main, Blanchette, Sabine Pass and Carroll Streets, on the north by the Neches River, and on the south by Buford and Grant Streets. (b) Permitted uses. Any use which is not otherwise prohibited by applicable local codes or ordinances. (c) Area and height regulations. There shall be no area and height regulations in the PD, Port Development District. (Ordinance 81-17, sec. 1, adopted 3/10/81; 1978 Code, sec. 30-22) a Sec. 28.03.020 UC, Urban Corridor Overlay District regulations (a) General purpose and description. 62 (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. 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. 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, 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. AsigoF temperature shall be eonside. - I - "' ....... portion of a sign and not a eemmereial message or an eleetronie reader board sign for- purposes of this ehapter. Sinfence. A sign attached or affixed to any type of fence. Sign, mobile. A business sign used to adye tine an establishment ^ eFyiee-swhich are is on or affixed to trucks, automobiles, trailers or other vehicles used primarily to support or display such signs while parked. Sign, moving. A sign which in whole, or part, does not remain stationary at all times, regardless of the power source which affects movement. 63 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,zporary. A nonilluminated poster or 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 permitted uses in the UC, Urban Corridor Overlay District, shall be determined by the underlying zoning district classification. (d) Boundaries. The boundaries of the Urban 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 regulations. 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 28.04.003 (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. The 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) Fence signs. (F) Banners, „t f6p grand opening signs. 64 (3) Signs in residential—UC 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. (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. i1 ( i) The sign Sri for permanent identifioat rIi77 f a subdivision. The content of the sign may 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 light. (vivi) The sign shall be placed within a landscaped setting containing not less than one hundred twenty (120) square feet. (viii) All parts of the sign shall be located a minimum of fifteen (15) feet from the property line. (viiii) 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. 65 (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: a. Electronic reader board signs shall not be permitted, except as an attachment to or a part of a detached owner identification sign. b. The sign face may change no more than once every forty-five (45) seconds. c. Message eepy_Sign face shall not include any flashing, flowing, alternating or blinking lights or animation. d. Electronic reader board 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 not be no greater than 0.2 footcandles. f. Electronic reader board signs shall not be permitted in an historic district. (iv) All parts of the sign shall be located a minimum of twenty- five (25) feet fiom 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 owner identification 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: M. (i) The sign shall be attached to or painted on the outside face 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 (1 S) inches from the face of the building wall. (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. (D) One (1) detached owner identification sign shall be permitted for each commercial use with a specific use permit in the RCR, Residential Conservation and Revitalization District, subject to the following conditions and restrictions: (i) The sign is included in the site plan approved in the specific use permit. (ii) The sign shall not exceed twenty-five (25) square feet in area. (iii) The sign shall not exceed fifteen (15) feet in height. (iv) The sign shall not have any flashing lights, intermittent illumination nor revolve nor rotate in any manner, except as allowed below: a. Electronic reader board signs shall not be permitted, except as an attachment to or a part of a detached identification sign. b. The message copy -sign face may change no more than once every forty-five (45) seconds. 67 C. Message eop5 Sign face shall not include any flashing, flowing, alternating or blinking lights or animation. d. Electronic reader board signs that are part of a detached 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 a historic district. (v) All parts of the sign shall be set back at least fifteen (15) feet from any property line. (vi) The sign shall meet the wind load requirements set forth in the building code. (vii) The sign shall be placed in a landscaped setting of not less than one hundred twenty (120) square feet. (E) One (1) attached owner identification sign shall be permitted for each commercial use in the RCR, Residential Conservation and Revitalization District, for each street abutting the lot upon which the use is located, subject to the following conditions and restrictions: (i) The sign shall be attached to or painted on the outside face 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 (1 S) inches from the face of the building wall. (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. (4) Signs in commercial and industrial—UC districts. (A) One (1) detached owner identification sign, and one (1) additional detached sign for each thoroughfare more than one (1) that abuts the property, shall be permitted in the NC, Neighborhood Commercial District, and OP, Office Park District for each commercial or office park establishment subject to the following conditions and restrictions: (i) The sign shall not exceed twenty-five (25) square feet in area. (ii) The sign shall not exceed fifteen (15) feet in height. (iii) No portion of the sign shall have flashing lights, intermittent illumination, nor shall it revolve nor rotate in any manner, except as allowed below: a. Electronic reader board signs shall not be permitted, except as an attachment to or a part of a detached owner identification sign. b. The sign face may change no more than once every forty-five (45) seconds. C. Message eeff Sign face shall not include any flashing, flowing, alternating or blinking lights or animation. d. Electronic reader board 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. (iv) The sign shall not be located in any required yard. 69 (v) The sign must 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. (B) One (1) attached owner identification sign, and one (1) additional attached sign for each thoroughfare more than one (1) that abuts the property, shall be permitted in the NC, Neighborhood Commercial District, and OP, Office Park District for each commercial or office park establishment subject to the following conditions and restrictions: (i) The sign shall be attached to or painted on the outside face 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. (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. (C) One (1) detached owner identification sign, and one (1) additional detached sign for each thoroughfare more than one (1) that abuts the property, shall be permitted per establishment, located in the NSC, GC -MD, CM, LI and HI Districts subject to the following conditions and restrictions: (i) The sign shall not be greater than twenty (20) feet in height. The maximum height being 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. 70 (ii) The sign shall not exceed sixty (60) square feet in area. (iii) All parts of the sign shall be set back at least ten (10) feet from any property line or street right-of-way. Where a structure existing at the effective date of this section 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. (iv) The sign shall be placed in a landscaped setting of not less than one hundred twenty (120) square feet. (v) The sign not revolve or rotate in any manner nor shall it have flashing lights or any type of intermittent illumination, except as allowed below: a. Electronic reader board signs shall not be permitted, except as an attachment to or a part of a detached owner identification sign. b. The inessage si ng face may change no more than once every forty-five (45) seconds. C. Message eepy_Sign shall not include any flashing, flowing, alternating or blinking lights or animation. d. Electronic reader board 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. (D) One (1) attached owner identification sign, and one (1) additional attached sign for each thoroughfare more than one (1) that abuts the property, shall be permitted per establishment, in the NSC, CSC, GC -MD, CM, LI and HI district subject to the following conditions and restrictions: (i) The sign shall be attached to or painted on the outside face of the building. 71 (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. (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 eepy- 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 [of] any such sign or the manner in which it is structurally supported. (B) Signs on trucks, buses, or passenger vehicles which are used in the normal conduct of business. (C) Signs permitted by section 28.04.003 (e) of this chapter. Jr- - - Mul. -MIM.M.- - 72 - WM - -- P19 11110 :- - (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, secs. 1-4, adopted 6/26/12; Ordinance 12-074, sec. 8, adopted 9/25/12) Q, a See. 28.03.021 Major/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 free flow of traffic along the streets in this area. This district supplements the regulations of the underlying zoning district classifications. The zoning map shall reflect the designation of a Major/Dowlen/Gladys/Hwy. 105 Sign Overlay District by the letters "MD" as a suffix to the underlying zoning district classifications. (b) Definitions. Unless the context clearly indicates otherwise, in this section: Attention -getting 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. 73 Frontage. That portion of any tract of land which abuts a public street right-of-way, measured along the street line. Multi -tenant business development. A development under the same ownership consisting of two (2) or more business establishments 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. Sign, advertising. A sign intended to be leased, or for which payment of any ype is intended to be or is received, for the display of good, service, brand, slogan, message, product, or company, except that the term does not include a sigh 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. 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- -two L21or more edges. s 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, doarble : aced. A single sign with two (2) parallel sign faces back-to-back. 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 sign Sign facjL7g. The facing of any sign upon, against, or through which the a message 1, ono or design is displayed or illustrated; provided however, for signs in which the words, letters or symbols are independently mounted, the sign facing, for the purpose of 74 measuring the size of the sign, shall mean the smallest regular geometric form 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 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. Sign, mobile. Signs which are on or, otherwise affixed to, trucks, automobiles, trailers or other vehicles used primarily to o support or display such signs while parked. : R.-I 53 531 i,.;.j -1 L- MAJI 61 "NO I'W "YW MUM -0 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, moving. A sign which in whole, or paid, does not remain stationary at all times, regardless of the power source which affects movement. .IW ... .. Sign, oivner 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 payment of any jype is intended to be or is received, for the display of any good, service, brand, slogan, message, product, 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 Sign temporary. A nonilluminated poster or 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. Single -tenant business establishment. A project or undertaking which involves the use of any property, building or structure, permanent or temporary, for the primary purpose of conducting on said property a legitimate commercial enterprise, or other nonresidential use, in compliance with all ordinances and regulations of the city. Multiple services and/or goods offered by a business establishment shall be considered a single -tenant business establishment for the purposes of this section. This definition shall include, but not be limited to, retail co -branding such as convenience stores with gas pumps and restaurants, grocery stores with banks and discount stores with other incidental uses. Tenant separation. A partition or floor/ceiling assembly or both constructed between tenants as per the adopted building code. (c) Permitted uses. The permitted uses in the MD, Major/Dowlen/Gladys/Hwy. 105 Sign Overlay District, shall be determined by the underlying zoning district classification. (d) Boundaries. For place of beginning, begin at a point in the north right-of-way line of Tolivar Road, a 60-foot-wide street right-of-way, said point also being in the southwest corner of Lot 7 and the same being the southeast corner of Lot 8, Neches Terrace Addition, an unrecorded subdivision out of the Daniel Easley Survey, Abstract No. 20, Beaumont, Jefferson County, Texas; Thence in a northerly direction along the common side lot lines of said Lots 7 and 8, a distance of 322.4 feet, more or less, to a point in the south right-of-way line of State Highway 105; thence continuing north a distance of 50 feet to the centerline of said State Highway 105 to a point for corner; thence west along the centerline of State Highway 105 a distance of 200 feet, more or less, to a point for corner; thence north a distance of 50 feet to a point in the north right-of-way line of State Highway 105; Thence north 750 feet to a point for corner; thence east 870 feet to a point for corner in the west right-of-way line of Major Drive (FM 364); thence continuing east a distance of 60 feet to a point in the centerline of Major Drive (FM 364); thence south a distance of 200 feet, more or less, to a point for corner; thence east a distance of 60 feet to a point in the east right-of-way line of Major Drive (FM 364); 76 Valley Authority Canal); thence in a southwest direction along the northerly line of the L.N.V.A. Canal a distance of 800 feet, more or less, to a point for corner; 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' east 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. W Sian regulations. Signs shall not be permitted within the Major/Dowlen/Gladys/Hwy. 105 Sign Overlay District except as specifically authorized in this section or where permitted by section 28.04.003 (e) of this code. (1) Permit requirements. No sign, unless herein excepted, 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. (E) 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 79 sight line of motorists entering or leaving the intersection. A two (2) square foot in area directional sign may be located within the required sight triangle. (4) Signs 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 identifleat 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. (ii) The rgn must be for rye,ma Ient i [GT tifiea �i^�_a subdivision -. The content of the sign may 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 owner- identifioatio., monument 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: m a. Electronic reader boardsigns shall not be permitted, except as an attachment to or a part of a detached owner identification sign. b. The message copy si n 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 reader board 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 readef beard 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 owner identifieat on 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) Signs in commercial and industrial -MD 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) Single -tenant business establishment. (i) Developments with less than eighty thousand (80,000) square feet in gross building area shall be permitted one (1) detached owner identification 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 owne • identifi^^*i^" 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 designs shall not be permitted, except as an attachment to or a paid of a detached owner identification sign. 2. The sign -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. 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 air denti eatio 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 identifieation signs per street frontage that abuts the property. (ii) These signs shall be permitted subject to the following conditions and restrictions: 83 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 signs shall not be permitted, except as an attachment to or a part of a detached awher ;denti fic ,+;,,,, sign. 2. No more than sixty (60) square feet shall be dedicated to electric changeable copy. 3. The S Zn face may change no more than once every forty-five (45) seconds. 4. Message Sign face copy shall not include any flashing, flowing, alternating or blinking lights or animation. 5. Electronic boa signs 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 identificatioWpricing board signs. One (1) detached owner identifTcation/pFicing b sign for each street frontage that abuts the property shall be permitted subject to the following conditions and restrictions: (i) Dowlen Road, HM. 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 Sign face may change no more than once every forty-five (45) seconds. 4. Message eeff Sign face 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 Overlay 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 Feade,• boa signs shall not be permitted, except as an attachment to or a part of a detached owner identification sign. 2. The sign face me&&ageeepy-may change no more than once every forty-five (45) seconds. 3. The sign face Message eopy--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. M. 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. (g) Exemptions. The following signs are exempted from the requirements of this section: (1) Changing of permitted signEepy-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 (e) of this chapter. ... -IMM lip - � � t•1�!f�19\\\�1�1�1 - 87 go,__law gum - - 111V HIM M. - - - .-- (84) Banner signs, on properties with institutional, commercial or industrial uses, when attached to a building. Detached banner signs, on properties with institutional, commercial or industrial uses, 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) 3 0-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. I WIN: Imillil: - : (W5) Attached advertising signs located on nonprofit recreational facilities. (h) Continuation of nonconforming signs. (1) All lawful nonconforming on -A owner identifieat o signs, other than advertising signs(billboards) shall be allowed to exist in the NM Sign Overlay District except as provided for herein. Provided however, when a nonconforming sign falls into disrepair, or is damaged by fire, area. The percentage of the landscaped open space area in excess of the landscaped open space required in section 28.04.006(c) [28.04.006(h)] shall determine the maximum percent reduction which will be permitted in the total number of off-street parking spaces. (b) Off-street loading regulations. The intent of this section is to ensure that an adequate off-street loading area is provided with the construction, alteration, or change of use of any business building or structure, or with any change in land use. (1) The owner and the occupier of any property upon which a business is located shall provide loading and unloading areas of sufficient number and 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, sec. 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 4/28/87; Ordinance 91-67, sec. 1, adopted 8/27/91; Ordinance 93-69, sec. 2, adopted 11/23/93; 1978 Code, sec. 30-27; Ordinance 14-067, sec. 1, adopted 12/9/14) Sec. 28.04.003 Sign regulations (a) Permit requirements. No sign, unless herein excepted, shall be located, constructed, erected, altered, posted, attached, or painted until a building permit has 126 been approved by the chief building inspector in accordance with the requirements of this chapter and the 2409 current edition of the International Building Code, as adopted. (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: (A) The sign shall not exceed fifty (50) square feet in area; (B) The sign shall not exceed fifteen (15) feet in height; (C) The sign shall not have flashing lights, any type of intermittent illumination or revolve in any manner, except as allowed below: (i) Electronic reader board signs shall not be permitted, except as an attachment to or a paid of a detached owner identification sign. (ii) The Riessage sign facemay change no more than once every forty-five (45) seconds. (iii) Message eepy Sign face shall not include any flashing, flowing, alternating or blinking lights or animation. (iv) As measured at the property line, the maximum light emanation from a sign shall be no greater than 0.2 footcandles. (v) Electronic reader board signs shall not be permitted in an historic district. (vi) Electronic reader board signs that are part of a detached owner identification sign shall be allowed to have multiple colors. (D) The sign shall be located a minimum of fifteen (15) feet from any property line; (E) The sign shall meet the wind load requirements of the building code. 127 (2) One attached owner identification sign for a multiple -family dwelling development or institutional building may be attached flat against the wall of a building in the complex for each street abutting the development subject to the following restrictions: (A) The sign shall not exceed the height of the wall of the building to which it is attached; (B) The sign shall not be lighted except by reflective floodlight type illumination; (C) The sign shall not exceed forty (40) square feet in area. (3) One detached owner identification sign shall be permitted for a commercial use with a specific use permit in the RCR, Residential Conservation and Revitalization District, subject to the following conditions and restrictions: (A) The sign is included in the site plan approved in the specific use permit. (B) The sign shall not exceed forty (40) square feet in area. (C) The sign does not exceed fifteen (15) feet in height. (D) The sign shall not have any flashing lights, intermittent illumination, or revolve or rotate in any manner, except as allowed below: (i) Electronic reader board signs shall not be permitted if approved as part of the specific use permit. (ii) The ffwssage-eepy- sign face may change no more than once every forty-five (45) seconds. (iii) Message e-epy Sign face shall not include any flashing, flowing, alternating or blinking lights or animation. (iv) As measured at the property line, the maximum light emanation ftom a sign shall be no greater than 0.2 footcandles. (v) Electronic reader board signs shall not be permitted in an historic district. 128 (vi) Electronic reader board signs that are part of a detached owner identification sign shall be allowed to have multiple colors. (E) The sign shall be located a minimum of fifteen (15) feet from any property line or at the building setback line, whichever is less. (F) The sign shall meet the wind load requirements in the building code. (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. (6) One (1) detached identification sign may be constructed 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. (ii) 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 T rog_und. (v) The sign shall not be illuminated except by reflective floodlight type illumination There shall not be au flashing or intermittent light. (vi) The sign shall be placed within a landscaped setting containing not less than one hundred twenty (120) square feet. (vii) All parts of the sign shall be located a minimum of fifteen (15) feet from the property line. (viii) The sign shall meet the wind load requirements of the building code. 129 (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 permitted in the NC, Neighborhood Commercial District, and the OP, Office Park District, subject to the following conditions and restrictions: (A) The sign shall not exceed forty (40) square feet in area. (B) The sign shall not exceed fifteen (15) feet in height. (C) The sign shall not have any flashing lights, any type of intermittent illumination or revolve in any manner, except as allowed below: (i) Electronic reader board signs shall not be permitted, except as an attachment to or a part of a detached owner identification sign. (ii) The si ngL face may change no more than once every forty-five (45) seconds. (ill) Message ceff Sigin face shall not include any flashing, flowing, alternating or blinking lights or animation. (iv) As measured at the property line, the maximum light emanation from a sign shall be no greater than 0.2 footcandles. (v) Electronic reader board signs that are part of a detached owner identification sign shall be allowed to have multiple colors. (D) The sign shall not be located in any required yard. (E) The sign shall meet the wind load requirements in the building code. (2) One (1) attached owner identification wall sign, plus one (1) additional attached sign for each thoroughfare more than one (1) that abuts 130 the property shall be permitted in the NC, Neighborhood Commercial District, and OP, Office Park District, subject to the following restrictions: (A) The sign shall be attached flat against the wall of the building; (B) The sign shall not exceed the height of the wall of the building to which it is attached; (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 located in NSC, GSGGC-MD, GC-MD-2, C-M, L-I, 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. L4) Electronic reader board signs shall be permitted in the GC -MD, GC- MD-2, CBD, C-M, LI, HI and PD Districts subiect to the following conditions: a (A) The electronic reader board is to be attached to or a part of a detached owner identification sign. (B) The message popy- sign face may change no more than once even forty 45) seconds. 131 (C) Mess e eeay Sign face shall not include any flashing, flowing, alternating or blinking lights or animation. (D) As measured at the property line, the maximum light emanation from a sign shall be no greater than 0.2 footcandles. E) No more than sixty (60) square feet or fifty f 501 percent of the maximum sign 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) Signs 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 Profhned. services 15 40 20 Wholesale/retail trade 40 50 10 Industrial 50 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. 132 - ---- ro (6) Prohibition. Portable signs which are illuminated by any flashing, intermittent or moving lights shall be prohibited in all districts. (d) Advertising si ns. 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 sihaller than the original sign. (C) To replace and relocate an existing advertising sign at one location with an advertising sign at another location. 133 (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 cumulative area of all extensions on any one sign shall not exceed twenty (20) percent of the area of the sign, excluding extension and apron trim without copy. Height shall be measured from the crown of the adjacent roadway to which the sign is oriented; provided that the board of adjustment may grant a special exception for a sign not to exceed ten (10) additional feet in height when, in its judgment, the sign will, at a lower height, block an existing sign or structure from view or be so blocked from view. Sign spacing, height and area shall be as follows: Sign Spacing Maximum Sign Height Maximum Sign Area 300 feet 20 feet 75 square feet 500 feet 25 feet 76 - 300 square feet 750 feet 30 feet* 301 - 672 square feet *Advertising signs fronting on an interstate highway or a federal -aid primary highway may not exceed forty (40) feet in height. (iii) S acin . Sign spacing shall be as follows: a. The spacing of all advertising signs within 660 feet of an interstate highway (IH-10), a federal -aid primary highway (Hwys. 69, 96, 287), or a non -freeway federal -aid primary highway (Hwy. 90) shall be in accordance with the Texas Civil Statutes, article 4477-9a, as amended. As of March 3, 1986, the state regulations required the following spacings: On interstate freeways (IH-10) and on federal -aid primary highways (Hwys. 69, 96 and 287) the required spacing is one thousand five hundred (1,500) feet between advertising signs on the same side of the freeway. On non -freeway federal -aid 134 primacy highways (Hwy. 90) the required spacing is 300 feet between advertising signs on the same side of the freeway. b. The following requirements shall be in effect for signs farther than 660 feet from a federal -aid primary highway or interstate highway. No advertising sign shall be located nearer than the spacing listed under this section to any other advertising sign, property zoned single-family residential, or property used as a public school, church, courthouse, city hall or public museum which fronts on the same street the sign fronts on. Spacing shall be based on the maximum height or area of the sign being erected, whichever is greater. (iv) Advertising signs shall be set back not less than twenty-five (25) feet from the right-of-way of the street, measured on a line perpendicular to the property line of the property on which the sign is to be installed, and not less than ten (10) feet from interior side yard property lines. (v) Shall be allowed a period not to exceed one (1) year from the time the original advertising sign is removed to the time that the replacement advertising sign must be installed. (vi) Replacement advertising signs shall only be permitted in those areas of the city that are zoned GC -MD, CM, LI and HI. (vii) No new advertising signs shall be constructed in the city's extraterritorial jurisdiction (ETJ) with the exception of state and federally controlled highways. (viii) The total number of advertising signs within the city limits and ETJ of the city shall not exceed the total number existing at the time of the adoption of the ordinance from which this subsection is derived. (ix) Advertising signs shall not be permitted on the following streets: a. Dowlen Road Extension; b. Walden Road from 1,370 feet west of the west right-of- way line of IH-10 west to the ETJ boundary; 135 c. Concord Road from Gulf Street to Hwy. 105; d. Washington Blvd. from Langhain Road to Major Drive; e. Phelan Blvd. from Major Drive to Keith Road. (D) Prohibition. An outdoor advertising sign shall not be placed within three hundred (300) feet of the property line of any property which is zoned residential or used as a public park, public school, church, courthouse, city hall or public museum. (2) Traffic control conflicts. No advertising sign shall resemble an official marker erected by a governmental agency, nor shall an advertising sign obstruct from clear view any traffic signal or sign. (3) Illumination. Except for digital billboards as provided herein, advertising signs may be illuminated only by indirect lighting subject to the following conditions: (A) Signs which contain, include or are illuminated by flashing, intermittent or moving lights are prohibited, except for digital billboards, as defined in this chapter. Signs giving public service information such as, but not limited to, time, date, temperature, weather or similar information shall be permitted. (B) Lighting shall be shielded to prevent beams or rays from being directed at any portion of a traveled roadway or an occupied residential area and shall not be of such intensity or brilliance as to cause or impair vision. (C) Digital billboards that are illuminated shall be subject to the following restrictions: (i) The image or message- sign face shall be static or fixed and lasting no _less than ten (10) seconds. Each screen message is to contain a single advertisement; (ii) The image or rnessage-sign face shall change to another image or message in a period of two seconds or less; (iii) The image or message- ign face shall not be animated, flashing, scrolling or contain video imagery; 136 (iv) The image or message— si ng face shall adjust its brightness as ambient light levels change so as not to be visually distracting; and (v) The digital billboard shall contain a default design that will freeze the sign's image or message— sign face if a malfunction r6T61y1r619 (4) Motion. Advertising signs shall not revolve or rotate or otherwise move in any manner. (5) Roof -mounted gig . Roof -mounted advertising signs are prohibited. (6) 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 cha ter—weetien: (1) Changing of permitted sign_face e p} -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 137 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 trucks, buses, or passenger vehicles which are used in the normal conduct of business. (3) In order to allow a Nameplate and street address signs, an attached or detached sign Ie&s-t-lat+- not more than three (3) square feet in size and less than five (5) feet in height shall be permitted. The content of the sign may not be regulated. inefe than eight (9) square feet in area, advertising Feal estate for sale e lease or- anneuneing eo itemplated im m4wetnents of real estate; provided (4) 1,4enillutninated real estate sign-, the prej eet; pfe vided that theFe is oilly one sign for e ieh street abutting the (64) Window signs hung on the inside of the window or painted on the window glass. • (85) Warning, security, and traffic directional signs, less than eight (8) square feet in area and four (4) feet in height. in heiglA and not than eight area. Eleetions sig illuminated, when plaeed within a residential! y-zened- tempor-ary in iature plaeed within any et er zone. Eleetion Signs Must 1-3,e- remeved within ten -(I on( 0) rl s after the `leetion (1-06) Signs in the PD, Port Development District, and the CBD, Central Business District. (7) Election Season Supplementary Signs The following, additional temporary signs are exempt from permitting for a period of sixty (60) days 138 prior and ten (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. provided they are not located within the rights -of -way. (A) Properties with Single -Family or Two -Family Residential Uses: Unlimited number of temporary signs that are not more than sixteen (16) square feet in area and six (6) feet in height. (B) Properties with Institutional, Multi -Family, Commercial and Industrial Uses: Unlimited number of temporary signs: Unlimited number of temporary signs that are not more than forty (40) square feet in area and eight (8) feet in height. (8) Properties for Sale or Lease The following temporary suns are exempt from permitting during the time in which a property is for sale or lease, provided they are removed within seven (7) days following the sale or lease of the property. Signs may not be located within the rights -of -way and content shall not be regulated. (A) Additional Temporary Suns on Properties with Single -Family or Two -Family Residential Uses: one additional nonilluminated temporary sign per street frontage, not more than eight (8) square feet in area and six 6) feet in height, (B) Additional Temporary Suns on Properties with Institutional, Multi -Family, Commercial and Industrial Uses: Unlimited number of temporary signs, not more than fifty 50) square feet in area, not more than fifteen (15) in height. (9) Properties Under Construction. Properties that are actively under construction and for thirty (30) days after the issuance of a Certificate of Occupancy shall have no restrictions as to number and size of temporary signs, provided suns are not located within the rights -of -way. The content shall not be regulated. (10) Garage Sales One additional nonilluminated temporary sign, not exceeding six (6) square feet in area and five (5) feet in height and not located within the right-of-way is permissible in all districts for ten (10) consecutive days in a calendar year prior to a garage sale, as allowed under section 28.04.008 (b)(21). 139 (11) In the fifteen (15) days prior to and fifteen (15) days following the "Grand Opening" of a new business or institution, an additional temporary sign not exceeding twenty (20) square feet in area and five (5) feet in height is allowed. (12) Temporary Yard Lettering One additional temporary sign not greater than sixty (60) square feet in area and five (5) feet in height for no more than seven (7) consecutive days. (13) Banner signs Other than those Banner sign restrictions specified in the Ma-or/Dowlen/Gladys/Hwy 105 Sign Overlay District, Attached Banner signs are exempt from permitting when located on properties with institutional, commercial or industrial uses, attached to a building for not more than thirty (30) days Detached banner signs on properties with institutional, commercial or industrial uses, not exceeding twenty-one (21) square feet in area and five (5) feet in height, shall be allowed for no more than thirty (30) consecutive days No banner sign shall be placed on city right of -way Detached 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. (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 or move. No private sign shall resemble an official sign or marker erected by a governmental agency. Signs affixed to vehicles, trailers or storage containers not used in the normal conduct of business. 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 signs. 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 140 structure, complies with the yard and height regulations and the off-street parking requirements for the use of said building or structure. (3) No nonconforming building or structure shall be moved in whole or in part to another location on the lot on which it is located unless every portion of said building or structure is made to conform to all of the regulations of the district in which it is located. (4) A lawful nonconforming building or structure that is damaged by fire, explosion, act of God or other calamity may be repaired and reconstructed, provided there is no increase whatsoever in the degree or extent of the previously existing nonconformity. (5) A conforming building shall not be changed to a use which would result in the building becoming nonconforming. (d) Exemptions. (1) The limitations on nonconforming uses in this section shall not apply to any residential use existing at the time of the adoption of this chapter. (2) The limitations and restrictions of this section shall not apply to conforming uses lawfully existing at the time of the adoption of this chapter when the use has been changed in the district from a permitted use to a use permitted with a specific use permit, or when the use which was permitted by right prior to any district change has, after a change in districts, been changed to a use which requires a specific use permit. (Ordinance 81-17, sec. 1, adopted 3/10/81; Ordinance 82-19, sec. 1, adopted 3/9/82; Ordinance 82-134, secs. 4, 5, adopted 12/14/82; Ordinance 85-21, sec. 1, adopted 2/26/85; Ordinance 93-28, sec. 1, adopted 8/24/93; Ordinance 98-7, sec. 9, adopted 2/3/98; 1978 Code, sec. 30-30) &-+ See. 28.04.006 Landscaping and screening requirements (a) Purpose. The provisions of this section for the installation and maintenance of landscaping and screening are intended to protect the character and stability of residential, commercial, institutional and industrial areas, to conserve the value of land and buildings of surrounding properties and neighborhoods, to enhance the aesthetic and visual image of the community, to encourage the preservation of large trees which once removed can be replaced only after generations, and to assist with clean air. In no case shall these provisions restrict ADA requirements. 144 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 Ilex attenuata `Savannah' Golden Rain Tree Koelreuteria bipinnata Japanese Evergreen Oak Quercus glauca Loquat Eriobotrya japonica Mexican Plum Prunus mexieanaMexicana Parsley Hawthorn Crataegus marshallii Pindo Palm Butia eapiiatacapitate 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 (Ordinance 81-17, sec. 1, adopted 3/10/81; 1978 Code, sec. 30-32) ty a Sec. 28.04.008 Special conditions (a) General. The following sections describe the special conditions under which certain uses are permitted in a zoning district when reference is made to one or more of said sections in the chapter. A building permit or certificate of occupancy shall not be issued for any permitted use with "special conditions" until all of the required conditions have been met. (b) Special conditions by use. (1) Cluster housing developments. Cluster housing developments shall meet each of the following conditions: (A) Area. The site shall contain two (2) or more acres of land. (B) Density. The minimum average net land area per dwelling unit shall be governed by section 28.03.024(b), but shall not include public and private streets in the development. (C) Yards. A minimum twenty -five-foot yard or open space area shall be required from all public street rights -of -way and fiom the boundary of the development. A minimum yard of ten (10) feet shall be established between all unattached dwellings. (D) Lot area and yards. Individual lots are exempt from the minimum lot area and yard regulations otherwise imposed in this chapter. (E) Common open space. There shall be a minimum of one thousand (1,000) square feet of usable common open space per dwelling unit in the development. Common open space must be usable for recreational activities and must be assembled in contiguous areas of not less than ten thousand (10,000) square feet. (F) Final plat. A recorded final plat covering all the area of a cluster housing development shall be required before a building permit shall be issued. (G) Development phases. A description of planned development phases shall be included in the application for, and made a part of the approval of, the final plat for cluster housing development. Each 164 (B) No more than two (2) garage sales per calendar }Tear per premises shall be allowed; (C) Hours of operation shall be limited from sunrise to sunset; (D) No merchandise shall be displayed or placed on the public right- of-way; and (E) Only one unlit sign, no larger than six (6) square feet, and set off of the public right-of-way shall be allowed. (F) Garage sales conducted out of a dwelling unit are exempt from the parking requirements. (22) Bed and breakfast facility. (A) General purpose and description. The establishment of bed and breakfast facilities has been found to not only provide an alternative type of lodging for visitors to Beaumont, but the income for such facility provides incentives from [for] maintaining Beaumont's older homes. This subsection is enacted on the basis of the public policy that supports the city as a tourist destination of persons interested in the architectural and historic significance of the city's older residential structures. This subsection focuses on the need to provide an incentive for owners of Beaumont's older homes to continue occupancy and maintenance of historic structures. (B) Definition. An owner -occupied private home built prior to 1950 and located within an historic district or awarded an HC-L designation and/or of historic significance which offers lodging for paying guests, which serves food to only those guests and which allows for limited social functions as regulated in this article [this subsection]. (C) Special regulations for bed and breakfast facilities. (i) Structure. The bed and breakfast facility shall be operated within the principal structure and not in any accessory structure. The owner shall live in the main structure. The structure to be used as a bed and breakfast facility shall have been constructed prior to 1950 and be located in an historical district or awarded an HC-L designation and/or of historic significance. 173 (ii) Specific use permit required. a. A specific use permit granted by city council is required for the establishment of a bed and breakfast facility, the granting of which is provided for in the city Code of Ordinances (section 28.02.008). b. An application for a specific use permit shall be filed with the director of planning, who shall prepare a report for review by the planning commission and city council. C. Issuance of a specific use permit by the city council, after recommendation by the planning commission, is conditioned on whether the proposed bed and breakfast facility will be compatible with and will not adversely affect or be materially detrimental to adjacent uses, residents and buildings or structures. d. The specific use pert -nit for a bed and breakfast facility shall expire once the applicant ceases to occupy the premises. Any subsequent occupant must apply for and be granted a new specific use permit prior to the continuation of use of the premises as a bed and breakfast facility. (iii) Size. A bed and breakfast facility shall not be less than two thousand five hundred (2,500) square feet in floor area. (iv) Number of guest rooms. A maximum number of five (5) guest rooms is allowed. (v) Management. The facility shall be owner occupied. (vi) Length of stay. Maximum length of stay is limited to fourteen (14) consecutive days in any thirty -day period of time. The resident owner shall keep a current guest register including names, addresses and dates of occupancy of all guests. (vii) Signag,e. Signs shall be permitted upon approval of a building permit by the chief building inspector and in accordance with the city Code of Ordinances (section 28.04.003). In those zoning districts that prohibit signs, a nameplate, not to exceed two (2) square feet in size and consisting of the name of th� 174 establisimneat S"'r ly 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) Parking. 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 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 175 DATE: April 19, 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: 1. 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 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 INFORMATION/PUBLIC 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: Church/Charter 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 4 lanes 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 Type:Planning and Zoning Case Sub Type: Specific Uso Pori -nit Case #: PZ2021-45 Location: 10255 EASTEX FWY, BEAUMONT, 77708 Case Status: REVIEW Tag Name: Beaumont Classical Academy/Triumph Church Beaumont Amendment to SUP Initiated On: 2118/2021 4:04:15PM individuals listed on the record: Applicant Stephen West Home Phone: 409-892-0421 4351 Crow Road Work Phone: Beaumont, TX 77706 Cell Phone: 409-673-4340 Pwoedy Owner Randy Clark 10255 Eastex Freeway Beaumont, TX 77707 Proposed Use Revised SUP for a school E-Mail: stephen.west@whiteleyoliver.com Home Phone: 409-924-9930 Work Phone: Cell Phone: E-Mail: Legal Description PL RS 4 TRS 64A, 64C, 72 & ADJ RR R/W, ABST 17, W B DYCHES Number of Acres 6.31 Beaumont Classical Academy Triumph Church Beaumont 1.0255 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 on 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 screening will 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. 4Hc`1 SS -l- SS f M1• = SS SS SS � SS J SS n,yysl fl.tc toss r- SS f SS p f SS f SS \! _� SS W 1 SS �- SS r - N yOAD _r N SF pID ' tlxalFN(YRM Ek53eg23 :535�- rt rti I I 3 r a � I I � I a I rt 52£ ) H:y}f5.13 I Fes— — I F6Ci4`fff#;, / 3 um fs.sw) I w I I � III I 7 1rsH5oi I a I is rr:5YiJl pQ -, d;sief.ao � I � I rr 51:4.CA C:5500: I I � � I �I SF ------- ffffmLl - s. ICOSSR0 COPPAUNI r �gol I d I 364 ROOM nrn I �I II �I �I I• w E` I I xrr FND 2.5789 ACRE ruo I I Kr Ci+FF� I CLASSROO\iS \ rf �. xa�'o`': 1 8 2 rf9Y• I I A`m FfCP �t� I I i1l:Y 57� I n � I /b dpL+Y o I� I ' J.70 I 2f.f0' $ am u air w' i 51.17' I � IT W17 0 € Fuhn _ iI c R4WCW SPACES h I I M G • BtDU ur DER I I 02 FN��i�8}o5T � my F� fsFwE D6 k 28 U.S. NIGHwNY Fog. 521-45: Request for a Revised Specific Use Permit to allow the expansion of a school in a GC - (General Commercial — Multiple -Family Dwelling) District. licant: Stephen West for Randy Clark Ition: 10255 Eastex Freeway R-S R-S t LEWIS DR 1 i' 0 100 200 300 400 i I I I I Feet !Legend'. 1 �• PZ2021-3�6 1 R-S GC -MD • 0.. 1 CLICK'DR R-S GO ;+, t GC -MD m a .��� �N j . � j► `TY `G i SCO�SD m R-S R-S ` 1 h �, u DATE: April 19, 2021 TO: Planning Commission and City Council FROM: Chris Boone, Director of Planning and Community Development SUBJECT: Consider a request to Rezone a property from C-M (Commercial - Manufacturing) to HI (Heavy Industrial) or a more restrictive district. FILE: PZ2021-63 STAFF REPORT John Johnson is requesting a zone change for 53.41 acres of land located at the southeast edge of the Beaumont City Limits between Highways 347 & 69 S. Mr. Johnson would like to rezone the property from C-M (Commercial - Manufacturing) to a HI (Heavy Industrial) District. The property owner is considering a contract with a new chemical manufacturing facility. Property to the north is zoned C-M, and property to the west is zoned HI (Heavy Industrial). Property to the east and south extend beyond the Beaumont City Limits. Due to the surrounding property being industrial in nature, 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 4 Responses in Favor Responses in Opposition LEGAL DESCRIPTION FOR ORDINANCE PURPOSES Being Tract 21(H-2), P. Humphreys Survey, Beaumont, Jefferson County, Texas, containing 53.41 acres, more or less. GENERAL INFORMATION/PUBLIC UTILITIES APPLICANT: John Johnson PROPERTY OWNER: Mashed O Minerals, L.P. LOCATION: EXISTING ZONING: PROPERTY SIZE: NORTH: Vacant EAST: Ouside City Limits SOUTH: Ouside City Limits WEST: Industrial Tank Farm COMPREHENSIVE PLAN: STREETS: WATER: SANITARY SEWER SERVICE: At the southeast edge of the Beaumont City Limits between Highways 347 & 69 S. C-M (Commercial — Manufacturing) —53.41 acres Vacant X — Area determined to be outside the 500 year flood plain SURROUNDING ZONING: C-M (Commercial — Manufacturing) N/A N/A C-M Light Industrial Highway 347 southbound lanes — Major Arterial 220' right-of-way and 42' pavement width. Highway 69 S. northbound feeder — Freeway with 320' right-of-way and 36' pavement width. Open Ditch 8" water line 8" Sanitary sewer line PROPERTY OWNERS NOTIFIED WITHIN 200 FEET ENTERPRISE BEAUMONT MARINE WEST LP CORDTS E G JR & GRACE N & MASHED O MINERALS LP CHEMOURS COMPANY FC LLC. ENTERPRISE BEAUMONT MARINE WEST LP BEAUMONT Planning & Community Development Case Type:Planning and Zoning Case Sub Type: Rezone Case #: PZ2021-63 Location: HWY 347, BEAUMONT, TX, 77705 Individuals listed on the record, Applicant John Johnson 2901 Turtle Creek Drive, Suite 445 Port Arthur, TX 77642 Prooerty Oldtner Cordts E G Jr & Grace N & Mashed O Minerals Lp 5 ACAD]ANA CT STE A Beaumont, TX 77706 Agent John Johnson 2901 Turtle Creek Drive, Suite 445 Port Arthur, TX 77642 Case Status: REVIEW Tag Name: P HUMPHREYS-ABS 32 TR 21(H-2) 53.41 AC Initiated On: 212212021 9:49:35AM Home Phone: 409-722-5100 Work Phone: Cell Phone: 409-790-4255 E-Mail: jjohnson@gmjinc.com Home Phone: 409-434-4185 Work Phone: Cell Phone: E-Mail: rdunham@dunhamhallmark.com Home Phone: 409-722-5100 Work Phone: Cell Phone: 409-79OA255 E-Mail: jjohnson@gmjinc.com Legal Description P HUNIPHREYS-ABS 32 TR 21(H-2) 53.41 AC Number of Acres 53.41 Proposed Use CHEMICAL PLANT ......... , ......... M J GRIFFITH MOSELEY JOHNSON March 1, 2021 Mr. Chris Boone, Director Planning and Community Development City of Beaumont P. O. Box 3827 Beaumont, Texas 77701 RE: APPLICATION FOR REZONING Mr. Boone: My client is in negotiation with the owner of property in the City of Beaumont and has authorized me to act on his behalf in submitting an application for rezoning for a planned chemical manufacturing facility. The property is currently zoned commercial -light manufacturing and we are seeking to rezone it as heavy industrial. According to JCAD records, the property in question is: JCAD Prop ID: 130642 Geographic ID: 300032-000-003900-00000 Legal Description: P HUMPHREYS ABS 32 TR 21(H-2) 53.41 AC Owner: Cordts, E.G. Jr. & Grace N. & Mashed O Minerals LP Please note that I have used ownership information as reflected in JCAD records. The owner believes JCAD records are not correct, as the owner of record is Mashed O Minerals LP and not the Cordts family individually. The property is located just inside the city limits between State Highway 347 and U.S. Highway 69. Its current use is as pasture land and appraisal district records reflect no history of improvements. It is currently under an agricultural exemption for property tax purposes. I have attached an aerial from the city's GIS with the zoning overlay, which depicts zoning in the area is all commercial -light manufacturing or heavy industrial. It also depicts the closest residential zoning, which is 1.75 miles northwest of the site. There is significant industrial land use between that residential area and the site (see Exhibit 1, attached). I have also attached a JCAD aerial of the property and surrounding area, which depicts industrial land uses in the area, both within the city and outside the city. 2901 Turtle Creek Drive, Sulte 445 Port Arthur, Texas 77642 409.722.5100 voice 409.722,6101 facsimile www.9mJ1nc,com Mr. Chris Boone, Director Planning and Community Development March 1, 2021 Page 2, While my client has other sites under consideration for this project, both in Texas and Louisiana, they are choosing to move forward on rezoning and acquisition of this site due to timing constraints. Given those timing constraints, we would like to accomplish the rezoning as soon as the city's process will allow. The current owner has no objection to the rezoning request, as indicated by their authorized representative's signature, below. Please contact me if you require any additional information to consider this request. Best regards, John Johnson As the authorized representative of the owner of the property describe above, we have no objection to the property being rezoned. MASHED O MINERALS, L.P. By: Cordts Management, L.L.C., a Texas limited liability company, its General Partner By 11- a,-( Name: Grace N. Cordts G1MIJ GtfEMMOSELEY1O NSON Z2021-63: Request to Rezone a property from C-M (Commercial - Manufacturing) to HI (Heavy ]� Industrial) or a more restrictive district. Applicant: John Johnson Location: At the southeast edge of the Beaumont City Limits between Highways 347 & 69 S. 0 1,000 2,000 1 1 1 1 Feet DATE: April 19, 2021 TO: Planning Commission and City Council FROM: Chris Boone, Director of Planning and Community Development SUBJECT: Consider a request for a Revised Specific Use Permit and a Rezoning from RS (Residential Single -Family Dwelling) to RM-H (Residential Multiple -Family Dwelling — Highest Density) District for a portion of the property to allow the expansion of an assisted living center. FILE: PZ2021-92 STAFF REPORT In January of 2016, Vera Bagneris received a Specific Use Permit to provide 24 hour care for twelve (12) elderly residents at 2990 S. Major Drive. Caretakers would be present 24 hours per day, but not living at the property. Some of the clients residing in this facility would require nursing and ambulatory care. Some residents may have limited mobility. Ms. Bagneris would like to expand and accommodate 16 clients. Property to the north was purchased and is currently zoned RS (Residential Single -Family Dwelling). In order to consider a Specific Use Permit on this additional land, it will need to be rezoned from RS to RM-H (Residential Multiple -Family Dwelling — Highest Density) to match the existing assisted living facility. Ms. Vargas requested and was approved for a waiver to any additional landscaping in 2016. A four (4) foot chain link fence was located along the north and west property lines, with no existing landscaped buffers or fence along the south property line. As this request involves new construction and an increase of more than 25%, all landscaping requirements will need to be met including landscaped buffers along the west and north property lines and perimeter landscaping for parking areas. In addition, all new outdoor lighting must be shielded to protect neighboring properties. Beaumont Fire indicates that due to the expansion of the facility, additional water supply (fire hydrant) may be required depending on the installation of fire protection equipment per IFC (International Fire Code) requirements. Staff recommends approval with the following conditions: 1. Any improvements made within the state right-of-way shall be permitted by TXDOT. 2. A six (6) foot wide landscaped strip, as prescribed by ordinance, must be located between the fiont parking spaces and the right -of way. 3. The ADA space shall be signed according to ADA requirements. 4. An eight (8) foot wood or masonry privacy screening fence must be constructed and maintained along the west and north property lines along with a 10 foot wide landscaped buffer. 5. Outdoor lighting must be directional, and shielded from neighboring properties. 6. Plans must meet all IFC requirements. 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 10 Responses in Favor Responses in Opposition LEGAL DESCRIPTION FOR ORDINANCE PURPOSES Being Lot 6, Block 2, South Amelia, Beaumont, Jefferson County, Texas, containing 0.277 acres, more or less. ANALYSIS CONDITIONS FOR APPROVAL OF SPECIFIC USE PERMIT (SECTION 28-26.E, ZONING ORDINANCE) Application Application is in is not in Comments compliance compliance Attached Conditions: 1. That the specific use will be compatible with and not injurious to the use and enjoyment of other property, or significantly diminish or impair property values within the immediate vicinity; X 2. That the establishment of the specific use will not impede the normal and orderly development and improvement of surrounding vacant property; X 3. That adequate utilities, access roads, drainage and other necessary supporting facilities have been or will be provided; X 4. The design, location and arrangement of all driveways and parking spaces provides for the safe and convenient movement of vehicular and pedestrian traffic without adversely affecting the general public or adjacent developments; X 5. That adequate nuisance prevention measures have been or will be taken to prevent or control offensive odor, fumes, dust, noise and vibration; X 6. That directional lighting will be provided so as not to disturb or adversely affect neighboring properties; X 7. That there are sufficient landscaping and screening to insure harmony and compatibility with adjacent property; and, X 8. That the proposed use is in accordance with the Comprehensive Plan. X GENERAL INFORMATION/PUBLIC UTILITIES APPLICANT: Vera Bagneris PROPERTY OWNER: Vera Bagneris LOCATION: 2990 S Major Drive EXISTING ZONING: RM-H (Residential Multiple Family Dwelling - Highest Density) and RS (Residential Single -Family Dwelling) PROPERTY SIZE: —0.277 acres EXISTING LAND USES: Commercial FLOOD HAZARD ZONE: X — Area determined to be outside the 500 year flood plain SURROUNDING LAND USES: SURROUNDING ZONING: NORTH: Residential RS (Residential Single Family) EAST: Church RM-H (Residential Multiple Family Dwelling - Highest Density) SOUTH: Residential RS WEST: Vacant RS COMPREHENSIVE PLAN: Neighborhood Growth Unit STREETS: S Major Drive: Expressway with 130' right-of-way and 80' pavement width. DRAINAGE: Open ditch WATER: 6" Water line SANITARY SEWER SERVICE: 6" Sanitary Sewer line PROPERTY OWNERS BAGNERIS VERA DIONNE JUSTIN J DIONNE JUSTIN JEFFREY & HAYLEY MICHELLE EVANGELICAL LUTHERAN CHURCH OF KANNEGANTI RAVIKUMAR & KANNEGANTI RAVIKUMAR & PHELAN INVESTMENTS PIPPIN ARLENE H STILES DAVID UDIPROPERTY SPECIFIC USE PERMIT APPLICATION BEAUMONT, TEXAS (Chapter 28, City Codes) TO: THE PLANNING COMMISSION AND CITY COUNCIL, CITY OF BEAUMONT, TEXAS APPLICANT'S NAME.: Vera Bagneris APPLICANTS ADDRESS: 2929 S. Major Drive Beaumont, TX 77707 APPLICANTS PHONE #: 409-893-2354 FAX NAME OF PROPERTY OWNER: OAKRIDGE ASSISTED LIVING HOME ADDRESS OF PROPERTY OWNER: 2929 S. Major Drive Beaumont, TX 77707 LOCATION OF PROPERTY: 2929 S. Major Drive Beaumont, TX 77707 LEGAL DESCRIPTION OF PROPERTY: LOT NO. Lot 6 & Part of lot 5 BLOCK NO.2 ADDITIONAMELIA ADDITION NUMBER OF ACRES 0.52266 OR 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: Addition to Existing Building and parking lots RM-H 'LONE: 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 W1 X 11" PHOTOCOPY OF THE SITE PLAN. THE EIGHT CONDITIONS listed on the backside of this sheet must be met before City Council can grant a specific use permit. PLEASE ADDRESS EACH CONDITION IN DETAIL. ATTACH THE APPROPRIATE APPLICATION FEE: LESSTHAN % ACRE.................................................................$250.00 %z ACRE OR MORE AND LESS THAN 5 ACRES...................$450.00 5 ACRES OR MORE...................................................................$650.00 1, being the undersigned applicant, understand that all of the conditions, dimensions, buildingsizes, landscaping and parking areas depicted on the site plan shall be adhered to as ame ded and approved)by City Council. SIGNATURE OF APPLICANT:C 1 DATE: 03-23-21 SIGNATURE OF PROPERTY OWNER: 9;txC�l�v I DATE: PLEASE TYPE OR PRINT AND SUBMIT TO: CITY OF BEAUMONT PLANNING DIVISION 801 MAIN STREET, ROOM 201 FILE NUMBER: �Z Z -' %Z BEAUMONT, TX 77701 Phone - (409) 880-3764 Fax - (409) 880-3110 PLEASE MAKE NOTE ON REVERSE SIDE OF CONDITIONS TO DE MET REGARDING THE SITE PLAN AND LETTER OF PROPOSED USES AND ACTIVITIES. OAKRIDGE ASSISTED LIVING HOME 2990 South Major Drive Beaumont, TX 77707 March 24, 2021 I am seeking a specific use permit for the expansion of the existing property and located at 2990 S Major DR. Beaumont, TX 77707. This permit is to provide 24-hour care to 16 elderly residents in a home -like environment. The specific use of the property is compatible with other properties in the area. 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. Similar properties in the area include Pelican Bay Assisted Living Facility and Summer Place Nursing and Rehab, both within a 1-mile radius from my property. The establishment of the specific use will not impede development and or improvement of surrounding vacant property. Other necessary supporting facilities will be provided as required by the city of Beaumont. The property is covered by local sewer and drainage. 13 adequate parking spaces will be added to provide for safe and convenient pedestrian traffic. In addition, requesting rezoning the 42' x 195' portion of land from RS to RM-H. Adequate nuisance prevention measures will be taken to control odor or fumes including tight sealed lids for soiled linens. This home is adequately insulated which will decrease any noise concerns. Directional lighting will be so as not to disturb neighboring properties. There is sufficient landscaping to insure harmony with adjacent properties. The proposed use as an assisted living facility will be in accordance with the comprehensive plan. I also ask for a waiver from any additional landscaping, screening or parking. Sincerely, ' rW_� Vera. Bagneris, Property Owner SECTION 28.04.001, ZONING ORDINANCE REQUIRES THAT THESE EIGHT CONDITIONS MUST BE MET BEFORE A SPECIFIC USE PERMIT CAN BE ISSUED. Please explain how the proposed project will comply with each of these conditions in your application: o 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 existing Assisted Living facility is currently licensed for 10 beds. The addition will allow to accommodate 16 residents. This facility is regulated by the Texas Department of Health and Human Services (Texas Department of Aging and Disability Services). The proposed addition will be wood frame structure including's living area, bedrooms, and ADA restrooms. Also, the property is supervised 24 hours/ day by 4 team staff. Our goal is to provide a best quality of family atmosphere and keep up superior services and ensure that making all residents stay safe and secure with us as enjoyable as possible. This will includes rezoning the north 1/3 of the property. o That the establishment of the specific use will not impede the normal and orderly development and improvement of surrounding vacant property; Due to the nature of our business, the proposed addition will not impede the surrounding area and exceed the minimum requirement of City of Beaumont ordinance. There will be 8' wood fence on west, north & east side of property. There will be additional parking lots for visitors and handicap accessibilities to new addition. Our business is regulated by the Texas Department of Health and Human Services and the City ordinance rules and regulations. There will be no noise and majority our residents are elderly folks from ages 80 to 90. We have 24 hours staff. There will be site security cameras in and outside. Light poles will be provided in new parking lots area. All driveway and parking lots will be concrete pavement with markings and proper drainage system. In addition, requesting the 42' x 195' of land from RS to RM-H. o That adequate utilities, access roads, drainage and other necessary supporting facilities have been or will be provided; There will be no impact to existing utilities and drainage system will be designed to comply with City & TxDot. o 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 addition and improvement will be designed for all safety requirements and existing driveway entrances from 12' to 24' as per TxDot permit requirements. The reconstrued driveway will be used for point of entry to the new parking lots on northside of the property. There will be proper stripping for cars at 9' apart and handicaps at 11' with 5' hatched to new building entrance and red fire lanes marking. o That adequate nuisance prevention measures have been or will be taken to prevent or control offensive odor, fumes, dust, noise and vibration; The proposed addition will be regulated by the property management team, as part of their job descriptions and we have frequent inspections from the City of Beaumont Health Dept., Fire Marshal and State for all safety aspect of residents Our staff monitoring the site for QA/QC of physical appearance and cleanliness. Currently have 3-green trash cans and are adequate to serve the addition. We have no way of having dust, fumes or any odors that causes nuisances. o That directional lighting will be provided so as not to disturb or adversely affect neighboring properties; The proposed addition will have the sign for directional and lights in the new parking lots as per City ordinance requirement. All the lighting system at the site will be LED with proper luminous to not disturb or affecting neighboring properties. o That there are sufficient landscaping and screening to insure harmony and compatibility with adjacent property; and The existing landscape will remain and add additional shrubs on the north side of driveway. o That the proposed use is in accordance with the Comprehensive Plan. The proposed addition will be for living, bedrooms, and ADA restrooms. The building layout will be approx. 2,800 to 3,264 +/- sq. ft. This facility will be designed and constructed as per City of Beaumont Codes of Ordinance. In addition, requesting the 42' x 195' of land from RS to RM-H. Rezoning request. PROPOSED ADDITION AND PARKING AREA .•. ••0 ...//////////////////!!%///////////r%////////////////////////// ------------- �/}{ ;?IVA .. ALLWAYMMEMID CONNECTION 10 WSWGILALEYNG III` �.. HOUSVRAM owz 4 I' 9- ILDING [7 -- 74' SOUTH MAJOR DRIVE (STATE NIGIAVAY W. 361) EXISTING & PROPOSED SITE PLAN 1 in = 20 it 11 f,1 O M, 0 8 i Sm a I ? NOT FOR CONSTRUCT ION UNTIL FERTMTFO / :g cc..vxi•�+.m. . aax.0 xa �xaw- OAKRIDGE ASSISTED LIVING HOME, INC. ADDITION TO EXISTING FACILITY] @ 2929 SOUTH MAJOR DRIVE BEAUMONT, TX 77707 Z2021-92: Request for a Revised Specific Use Permit and a Rezoning from RS (Residential N Ingle -Family Dwelling) to RM-H (Residential Multiple -Family Dwelling — Highest Density) District for a portion of the property to allow the expansion of an assisted living center. Applicant: Vera Bagneris Location: 2990 S. Major Drive 0 100 200 1 1 1 1 Feet Legend R-S PZ202,1-92 WI I L6,WABE N ID (,R? RM-H DATE: April 19, 2021 TO: Planning Commission and City Council FROM: Chris Boone, Director of Planning and Community Development SUBJECT: Consider a request for a Specific Use Permit to allow to allow for restaurant parking in an RCR (Residential Conservation Revitalization) District. FILE: PZ2021-98 STAFF REPORT Rosa & Sifuentes Francisco Castillo would like to use the property located at 958 & 978 Orange Avenue and 1350 Gilbert Street to expand the parking for a proposed restaurant to be located at 1325 College Street. Plans were submitted and a Specific Use Permit approved back in 2015, but that has since expired. Adjacent land uses are residential along Gilbert. As such, driveway access should be located on Orange Street. Landscaping should be used to mitigate the impact to the neighboring properties. In addition, sidewalks along the property are in a state of disrepair and must be repaired/replaced along all streets. Staff recommends approval with the following conditions: 1. Landscaping and screening be installed and maintained as per ordinance requirements, including provision of island, medians and/or peninsulas and perimeter buffer. 2. Irrigation system shall be installed and maintained for all required landscaping. 3. Replace/repair sidewalks along all streets. 4. Lighting to be shielded from neighboring residential properties. 5. Access drive should be off of Orange Street. 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 24 Responses in Favor Responses in Opposition LEGAL DESCRIPTION FOR ORDINANCE PURPOSES Being Lots 100, 101 and 102, Block 9, Crary Addition, Beaumont, Jefferson County, Texas, containing 0.537 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 INFORMATION/PUBLIC UTILITIES APPLICANT: Rosa & Sifuentes Francisco Castillo PROPERTY OWNER: Rosa & Sifuentes Francisco Castillo LOCATION: 958 & 978 Orange Ave. and 1350 Gilbert St. EXISTING ZONING: RCR (Residential Conservation Revitalization) PROPERTY SIZE: —0.537 acres EXISTING LAND USES: Vacant 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) EAST: Commercial RCR (Residential Conservation Revitalization) SOUTH: Residential RCR WEST: Commercial GC -MD COMPREHENSIVE PLAN: Conservation Revitalization STREETS: Orange Avenue: Local Street with 60' right-of-way and 30' pavement width. Gilbert Street: Local Street with 60' right-of-way and 18' pavement width. DRAINAGE: Curb and gutter WATER: 6 and 2" Water lines SANITARY SEWER SERVICE: 6" Sanitary Sewer line PROPERTY OWNERS AREF SAMEER COOK WADE & OFELIA ESTATE DIOCESE OF BEAUMONT GARZA MARY GARZA MARY ELLEN JAIMES SERAFIN & ROSALBA LAFLEUR VALRIESA ESTATE MALENO FRANCISA VALERA MERCADO MARC V & MARIA G RENTERIA JUVENAL ET UX SALGADO FELIPE & ELIA SANCHEZ NESTOR N SIFUENTES FRANCISCO & ROSA SIFUENTES FRANCISCO C SMITH PATSY R. STATE OF TEXAS VILLEGAS RAUL G & SPECIFIC USE PERMIT APPLICATION BEAUMONT, TEXAS (Chapter 28, City Codes) TO: THE PLANNING COMMISSION AND CITY COUNCIL, CITY OF BEAUMONT, TEXAS APPLICANT'S NAME: Rosa ,& Sifuentes Francisco Castillo APPLICANT'S ADDRESS: 6335 Merrick Lane Beaumont, TX 77713 APPLICANT'S PHONE fl: 409-225-0460 FAX fi: NAME OF PROPERTY OWNER: Rosa & Francisco Castillo Slfuentes ADDRESS OF PROPERTY OWNER: 6335 Merrick Larne Beaumont, TX 77713 LOCATION OF PROPERTY: 1325 College Street Beaumont, TX 77701 LEGAL DESCRIPTION OF PROPERTY: LOT NO. 97-99 BLOCKNO. Block 9 ADDITION BD Caryre Addition NUMBER OF ACRES 0.68 OR TRACT. PLAT SURVEY NUMBER OF ACRES For properties not in a recorded subdivision, submit a copy of a current survey or plat sbowing the properties proposed for a specific use permit, and a complete legal field note description. PROPOSED USE: Taqueria & Restaurant El Paraiso Mexican Food ZONE- GC -MD ATTACH A LETTER describing all processes and activities involved with the proposed uses. ATTACH A SITE PLAN drawn to scale with the information listed on the top back side of this sheet. ATTACH A REDUCED 8 ," X II" PHOTOCOPY 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 THE APPROPRIATE APPLICATION FEE: LESS THAN % ACRE........................................................... I ..... S250.00 '/2 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 amended and approved by City Council. SIGNATURE OF APPLICANT: 90S CAA io. J J�i'1 CJ DATE: 03/24/21 SIONATURE OF PROPERTY OWNER: S� �UPY) �C�1�7�t I7 Ci S C6 ' f►�%%O DATE: 0.3/24/2 1 PLEASE TYPE OR PRINT AND SUBMIT TO: CITY OF BEAUMONT PLANNING DIVISION 801 MAIN STREET, ROOM 201 BEAUMONT, TX 77701 FILE NUMBER:PZ ZDZ1 — 95 Phone - (409) 880-3764 Fax - (409) 880-3110 PLEASE MAKENOTE ON REVERSE SIDE OF CONDITIONS TO DE MET REGARDING THE SITE PLAN AND LETTER OF PROPOSED USES AND ACTIVITIES. Taqueria & Restaurant El Paraiso Mexican Food 1325 College Sheet Beaumont, TX 77701 March 24, 2021 Our original SUP has expired (Ord. no. 15-047). Requesting for renewal of SUP in order to proceed with our construction. We are constructing from ground up wood frame structures a Mexican Restaurant at 1325College Street Beaumont, TX 77701 with parking lots in the rear of the property by Gilbert Street. The specific use of the property is compatible with other properties in the area. We will have a total 5 full time employees and open from Monday thru Sunday 5 a.m. to 10 p.m. our main menu will be homemade Mexican food with carry out or drive thru. The plans were submitted to the City for review and permit and all comments were corrected except to renew the new SUP for our construction. We are proposing to eliminate the College Street driveway approach due to the safety concerns it poses regarding ingress/egress. The proposed site plan for the SUP application contains an intuitive internal traffic flow that poses few risks to pedestrians. The rear of the property will be compacted gravel for parking spaces. The existing landscape on College Street will remain and add additional shrubs on Orange and Gilbert Street due to power lines (no tees). The15' buffer on the west side will be trees at 25' apart as per Ordinance requirement. Sincerely, Rosa & Sifuentes Francisco Castillo, Property Owner SECTION 28.04.001, ZONING ORDINANCE REQUIRES THAT THESE EIGHT CONDITIONS MUST BE MET BEFORE A SPECI FIC USE PERMIT CAN BE ISSUED. Please explain how the proposed project will comply with each of these conditions in your application: o 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; Since our SUP has been expired, we are requesting the renewal to proceed with this project. We proposed to build a new wood frame structure approx. 3039 sf with 52 seat dining and drive thru on west side Mexican Restaurant. The existing College Street driveway will be removed for safety requirements as per Public Works request. The south of property will be gravel drive 26 parking space and one handicap with ramp to building within the 5' sidewalk. o That the establishment of the specific use will not impede the normal and orderly development and improvement of surrounding vacant property; As a new construction restaurant business, our building will be attractive to surrounding area. o That adequate utilities, access roads, drainage and other necessary supporting facilities have been or will be provided; There will be no impact to existing utilities and drainage system has been reviewed by public works and approved preliminary. o 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; Since the internal traffic flow that poses few risks to pedestrians and elimination of the College Street driveway approach due to the safety concerns it poses regarding ingress/egress. Therefore, all traffic will be going thru Orange or Gilbert Street for safety reasons. o That adequate nuisance prevention measures have been or will be taken to prevent or control offensive odor, fumes, dust, noise and vibration; We have frequent inspections from the City of Beaumont Health Dept., & Fire Marshal and State for all safety aspect. Our dumpster will be enclosed with wood fence as per code and grease trap will be cleaned periodically. The gravel parking lot will be compacted small gravel and will be asphalt in the future once our budget allows. We have no way of having dust, fumes or any odors that causes nuisances. o That directional lighting will be provided so as not to disturb or adversely affect neighboring properties The proposed parking lots and building area will have the sign for directional of drive thru and LED lights in the new parking lots as per City ordinance requirement. The LED lighting will be proper luminous to not disturb or affecting neighboring properties. o That there are sufficient landscaping and screening to insure harmony and compatibility with adjacent property; and The existing landscape will remain and add additional shrubs due to power line (no trees) on the east and south of the property Orange & Gilbert Street. o That the proposed use is in accordance with the Comprehensive Plan. Proposed Mexican Restaurant and compliance with the City of Beaumont Building Codes. m IL Gilbert Street Z2021-98: Request for a Specific Use Permit to allow for restaurant parldng in an RCR Residential Conservation Revitalization) District. Applicant: Rosa & Sifuentes Francisco Castillo Location: 1325 College Street 0 100 200 1 1 1 1 Feet DATE: April 19, 2021 TO: Planning Commission and City Council FROM: Chris Boone, Director of Planning and Community Development SUBJECT: Consider a request for a Revised Specific Use Permit to allow retail and condominiums in a GC-MD-2 (General Commercial — Multiple -Family — 2) District. FILE: PZ2021-99 STAFF REPORT Phuc Nhat Le is requesting an Amended Specific Use Permit to allow retail and condominiums at 4515 N. Major Drive. In September of 2020, Mr. Le requested a development consisting of 17 condominiums and approximately 23,080 square feet of retail space. In December of 2019, a request for retail and storage was approved. Now, the proposal has been revised to include 36 Condominium units and approximately 10,700 square feet of retail space. The number and location of driveways is subject to approval of TXDOT. Any substantial changes to the site plan resulting from driveway approval may necessitate additional review of the plan via the Specific Use Permit process. Beaumont Fire states that the fire hydrants will need to be relocated from south of the buildings as they are inaccessible. Staff recommends approval of the request with the following condition: 1. Relocate fire hydrants. 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 Plat RS-5, Tracts 5, 5A, 6 & 17, D. Easley Survey, Abstract 20, Beaumont, Jefferson County, Texas, containing 5.35 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 compliance compliance 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 piopei iy; 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 Discussion in Staff Report GENERAL INFORMATION/PUBLIC UTILITIES APPLICANT: Phuc Nhat Le PROPERTY OWNER: Phuc Nhat Le LOCATION: 4515 N. Major Drive EXISTING ZONING: A-R (Agricultural - Residential) and RM-H (Residential Multiple Family Dwelling - Highest Density) PROPERTY SIZE: —5.35 acres, more or less EXISTING LAND USES: Vacant FLOOD HAZARD ZONE: X — Area determined to be outside the 500 year floodplain. SURROUNDING LAND USES: SURROUNDING ZONING: NORTH: Vacant RM-M (Residential Multiple Family Dwelling - Medium Density) EAST: Residential RM-H (Residential Multiple Family Dwelling - Highest Density) SOUTH: Commercial GC -MD (General Commercial Multiple -Family Dwelling) WEST: Residential R-S (Residential Single -Family Dwelling) COMPREHENSIVE PLAN: Neighborhood Growth Unit STREETS: N. Moor Drive — Major arterial with a 165' right- of-way and 80' pavement width. DRAINAGE: Open ditch WATER: 6" water line SANITARY SEWER SERVICE: 8" sanitary sewer line PROPERTY OWNERS NOTIFIED WITHIN 200 FEET BREAKWATER BAY LTD L & M FIRST MUTUAL IINVESTMENTS LLC LAKE BEAU LP LE PHUC NHAT LOWER NECHES VALLEY AUTHORITY RANKIN NICK G STONELEIGH ON MAJOR LLC SPECIFIC USE PERMIT APPLICATION BEAUMONT, TEXAS (Chapter 28, City Codes) TO: THE PLANNING COMMISSION AND CITY COUNCIL, CITY OF BEAUMONT, TEXAS APPLICANT'S NAME: Phuc Nhat Le APPLICANT'S ADDRESS: 11100 Breena Ct Beaumont, TX 77705 APPLICANT'S PHONE #: 409-201-3248 FAX NAME OF PROPERTY OWNER: Phuc Nhat Le ADDRESS OF PROPERTY OWNER: 11100 Breena Ct Beaumont, TX 77705 LOCATION OF PROPERTY: 4515 N. Major Drive Beaumont, TX 77713 LEGAL DESCRIPTION OF PROPERTY: LOT NO. OR BLOCK NO. ADDITION NUMBER OF ACRES TRACT Daniel Easely PLAT Abstract No. 20 SURVEY Daniel Basely Survey NUMBER OF ACRES 5.289 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. PROPOSEDUSE:2-Retalls & Condominium ZONE: LC ATTACH A LETTER describing all processes and activities involved with the proposed uses. ATTACH A SITE PLAN drawl to scale with the information listed on the top back side of this sheet. ATTACH A REDUCED 8'/z" X 11" PHOTOCOPY 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 THE. APPROPRIATE APPLICATION FEE: LESS THAN ACRE.................................................................S250.00 '/2 ACRE OR MORE AND LESS THAN 5 ACRES...................S450.00 5 ACRES OR MORE...................................................................$650.00 I, being the undersigned applicant, understand that all of tip conditionZdimenss, building sizes, landscaping and parking areas depicted on the site plan shall be adhered to as amended and approv City CCounci SIGNATURE OF APPLICANT: !/r"' DATE: 03/24/21 SIGNATURE OF PROPERTY OWNER: G� DATE: 03/24/21 PLEASE TYPE OR PRINT AND SUBMIT TO; CITY OF BEAUMONT PLANNING DIVISION 801 MAIN STREET, ROOM 201 o, FILE NUMBER: f.?— OPM — / BEAUMONT, TX 77701 Phone - (409) 880-3764 Fax - (409) 880-3110 ssss*sss**ss**s***sssss*sss*sss******s***s**s*s*ss*s*s*ssssss*sssss**sss**::ssssss**s***s***s****s****ss*::ssssss**s*ss* PLEASE MAKE NOTE ON REVERSE SIDE OF CONDITIONS TO BE MET REGARDING THE SITE PLAN AND LETTER OF PROPOSED USES AND ACTIVITIES. Phuc Nhat Le, Property Owner Citrus Plaza & Condominium, 4515 N Major Drive Beaumont, TX 77713 March 24, 2021 We are changing the previous zoning approval of August 2020 to more condominium than retails. Therefore, there will be two 2 pre-engineered metal buildings at approximately 5355 sf each, plus their various architectural aesthetics. We will provide total management of the property with onsite/offsite staff and 24-hour video surveillance at condominium area and at each retail building and any additional assistance if need be. The entire site will be fenced on all 3 sides at 8' and buffer requirements between the condominium and retails area at 15' with landscaping as per code and will provide the camera and security systems for monitoring the premises. We had a pre -development meeting with the City staff on 09/26/19 to discuss all requirements and compliance with the building code, fire, public works, dd6 and water utilities. All those comments we received during our meeting will be implemented into our design phase for construction permitting. The property is in the flood "X". All structures will be constructed a minimum of 18" inches above the Base Flood Elevation or be flood proofed to 18" inches above the Base Flood Elevation per City requirements. We would like to start the project in the summer of 2021 with ground break and construction. Our goal when approach this project is to use excellent quality and safe/effective workmanship in accordance to the city ordinance. We believe this will help to catapult economic growth and development in these communities. We truly believe in ourselves and the people that we serve in these communities that they too would have an extraordinary experience when they visit our shopping plaza and condominium facilities. Thank you so much for this wonderful opportunity to be a part of this great community and the City of Beaumont. Looking forward to hearing a positive approval on this proposed development. ,AVOIc0111c to Citrus Plaza!" Sincerely, I'11LIC ]Vat Lc; 5, W ty SECTION 28.04.001, ZONING ORDINANCE REQUIRES THAT THESE EIGHT CONDITIONS MUST BE MET BEFORE A SPECIFIC USE PERMIT CAN BE ISSUED. Please explain how the proposed project will comply with each of these conditions in your application: o 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; We are changing the previous zoning approval of August 2020 to more condominiums. There will be 2 retail buildings in front of the property and the remaining land to 36 units of condominiums. The management team as well as the responsible party of the proposed project will be unequivocally committed and complied to all the building regulations and safety standards set forth by the city upon approval of permit. In addition to providing much needed services/resources, our management team will also be faithfully committed to future business growth at various capacities that would help in the social and economic transformation of this landscape, thus leading to appreciation of values of our property as well as for those properties and businesses in the proximal vicinity. o That the establishment of the specific use will not impede the normal and orderly development and improvement of surrounding vacant property. The objective of the proposed 2-retails in front & condominium is to primarily provide and fulfill essential resources/services recognized by the surrounding communities. In the event of future growth and expansion, everything will be done in accordance to city ordinance requirements as to avoid any potential impediment of progress in development of nearby properties and/or businesses. o That adequate utilities, access roads, drainage and other necessary supporting facilities have been or will be provided. The proposed site will be designed by license professional engineer in state of Texas which will provide adequate drainage calculation and outfall discharge point as per drainage study. All the private utilities will comply with the plumbing codes requirements and 8" C-900 waterline extension within the proposed 10' exclusively waterline easement and provide fire hydrant as per fire code. All roadways will be 6" reinforced concrete pavement with drainage and grading design. o 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 2-retails in front & condominium will be designed for all safety requirements of TxDot drainage criteria, one main entry 36' wide entrance and 25' radii to meet the guidelines and provide safety ends at each side of driveway. All roadways are design for 24' wide fire truck accessibility with all turning radii of 25' as shown on site plan. o That adequate nuisance prevention measures have been or will be taken to prevent or control offensive odor, fumes, dust, noise and vibration. The proposed 2-retails and condominium will be regulated by the property management team, as part of their job descriptions, will be monitoring the site for QA/QC of physical appearance and cleanliness. The dumpster provided with enclosure doors and fenced surrounded with shrubs. There will be guideline and brochure for not littering and map of the site for dumpster location. Since there are no dirt roadways, dust will not be issue. If any noise or vibration noted at the site, the tenet will be notified for warning. o That directional lighting will be provided so as not to disturb or adversely affect neighboring properties; The proposed 2-retails and condominium will have the sign and light for directional as per City ordinance requirement. All the lighting system at the site will be LED with proper design luminous to not disturb or affecting neighboring properties. o That there are sufficient landscaping and screening to insure harmony and compatibility with adjacent property; and The proposed 2-retails and condominium will have the 15' landscape buffer with approved trees at 25' apart in the rear of retail area and front of property with shrubs at 24" C-C and trees at 25' apart per City ordinance and l" water meter irrigation with RPZ in cage. o That the proposed use is in accordance with the Comprehensive Plan. The proposed 2-retails and condominium will be designed and as per all City of Beaumont Codes, Ordinance, TxDot, DD6 guideline. RETAIL PARKING CALCULATIONS REQUIREO PARKING= 36 SPACES MAJOR DRIVE LANDSCAPE CALCULATIONS PLANT SCHEDULE FIRE HYDRANT 8. WATERLINE TOTAL CONDO. ACRES R ^ w 7- Foe Hydtonis CLASS f i Aposc 16S0Uol 36 UNHSO 1600SF GREENSPACE. 1.728 36.28% l.Y VC-900Wola WITH TOTAL 72 SHRUBS Q Bne- Looped Rne PARKING SPACES WPERA005: 3,313 63.725 TOTAL: 5.041 100% EXISTING 1� SCALE: I"= 30' C"'P GAMS PLAZA � Concept Site Plan ABSTRACT NO.20 lEffERSON COW 1fY, TEXAS 4515 Mo,'Or Drive Be vu 1, Texos A-1 o-.s•. s....c )21-99: Request for a Revised Specific Use Permit to allow retail and condominiums in a GC- 2 (General Commercial — Multiple -Family — 2) District. licant: Phuc Nhat Le pion: 4515 N. Major Drive 0 100 200 1 1 1 1 Feet 'I Legend iPZ2021-99' GC -MD G2 v o R-S A R 1 ,NORTHWEST PARKWAY'. Y i --- —— — — — — —— —RM-H -------r ------------------ - - t.i. R-S_ —R=S -- —-- R-S — ! R-S DATE: April 19, 2021 TO: Planning Commission and City Council FROM: Chris Boone, Director of Planning and Community Development SUBJECT: Consider a request for a Specific Use Permit to allow a mini storage facility in a GC -MD (General Commercial — Multiple -Family Dwelling) District. FILE: PZ2021-101 STAFF REPORT Hetal Patel is requesting a Specific Use Permit for a self -storage facility at 1930 College Sheet. The staff in the hotel office will be available 24 hours a day to assist clients. These units will not be connected to any utilities. The applicant states, however, that access to the units would be limited to certain unspecified hours to reduce the potential for nuisance to the neighbors. There is a partial sidewalk existing along Avenue F, and it is obvious that pedestrians travel along the other streets where a sidewalk belongs. To further protect the neighborhood, staff and Engineering would prefer to eliminate access from Wall Street as it is not necessary. The applicant has stated they intend to install an 8 foot tall wooden fence along the perimeter. Staff recommends approval of the request with the following conditions: 1. Installation/repair of sidewalks along Wall Street, Avenue F and Avenue G. 2. Eliminate the entrance from Wall Street. 3. Install an 8 foot tall wood or masonry fence along Avenue G and Wall Street for the perimeter of the storage facility. 4. Lighting shall be shielded from adjacent residential uses. 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 29 Responses in Favor Responses in Opposition LEGAL DESCRIPTION FOR ORDINANCE PURPOSES Being Lots 133 — 146, Block 12, Blanchette 15t Addition, Beaumont, Jefferson County, Texas, containing 2.07 acres, more or less. ANALYSIS CONDITIONS FOR APPROVAL OF SPECIFIC USE PERMIT (SECTION 28-26.E, ZONING ORDINANCE) Application Application is in is not in Comments compliance compliance Attached Conditions: 1. That the specific use will be compatible with and not injurious to the use and enjoyment of other property, or significantly diminish or impair property values within the immediate vicinity; X 2. That the establishment of the specific use will not impede the normal and orderly development and improvement of surrounding vacant property; X 3. That adequate utilities, access roads, drainage and other necessary supporting facilities have been or will be provided; X 4. The design, location and arrangement of all driveways and parking spaces provides for the safe and convenient movement of vehicular and pedestrian traffic without adversely affecting the general public or adjacent developments; X 5. That adequate nuisance prevention measures have been or will be taken to prevent or control offensive odor, fumes, dust, noise and vibration; X 6. That directional lighting will be provided so as not to disturb or adversely affect neighboring properties; X 7. That there are sufficient landscaping and screening to insure harmony and compatibility with adjacent property; and, X 8. That the proposed use is in accordance with the Comprehensive Plan. X GENERAL INFORMATION/PUBLIC UTILITIES APPLICANT: Hetal Patel PROPERTY OWNER: Hetal Patel LOCATION: 1930 College Street EXISTING ZONING: GC -MD (General Commercial - Multiple Family Dwelling District) PROPERTY SIZE: —2.07 acres EXISTING LAND USES: FLOOD HAZARD ZONE: SURROUNDING LAND USES: NORTH: Residential EAST: Residential SOUTH: Commercial WEST: Commercial/Residential COMPREHENSIVE PLAN: STREETS: DRAINAGE: WATER: SANITARY SEWER SERVICE: Commercial X — Area determined to be outside the 500 year flood plain SURROUNDING ZONING: R-S (Residential - Single Family Dwelling District) R-S (Residential - Single Family Dwelling District) & GC -MD (General Commercial - Multiple Family Dwelling District) GC -MD (General Commercial - Multiple Family Dwelling District) GC -MD (General Commercial - Multiple Family Dwelling District) Conservation and Revitalization College Street: Major Arterial with 60' right-of-way and 46' pavement width. Open Ditch along Wall Street & Avenues F &G 8" Water line 10" Sanitary Sewer line PROPERTY OWNERS NOTIFIED WITHIN 200' ABARCA BLANCA BAHENA J GUADALUPE & MARIA CASTILLO VICTOR & MARTA CASTRO JUAN MANUEL & VICTORIA DAVILA ARMANDO CAMARGO DEANDA ESMERALDA MENDOZA & MIGUEL ANGEL GARCIA JULIAN & REBECCA GOBERT CHRIS & APRAY GUERRERO M A & MARY E JAI AMBAMA INC JOHNSON EFFIE LOUISE LOPEZ LUIS F NGUYEN Al VAN NGUYEN Al VAN ET UX NGUYEN HIEN THI & THU VAN ORDAS JOSE MANUEL ORDAZ HUMBERTO & DIANA ORDAZ HUMBERTO & VENANCIA PEREZ CARLOS RAMIREZ MANUEL C & DEJUANA L ROBLEDO ADRIAN & CHRISTINA M SIFUENTES FRANCISCO JAVIER TRISTAN MARIA S BEAUMONT Planning & Community Development Case Type:Planning and Zoning Case Sub Type: Specific Use Permit Case #: PZ2021-101 Location: 1930 COLLEGE ST, BEAUMONT, 77701 Individuals listed on the record: Applicant Hetal Patel 1930 College Beaumont, TX 77701 Property Owner Hetal Patel 1930 College Beaumont, TX 77701 Agent Hani Tohme 85 Interstate Frontage Rd. Suite 204A Beaumont, TX 77707 Legal Description: BLANCHETTE 1ST L133 TO 146 B 12 Number of Acres: 0.50 Proposed Use: Mini Storage Case Status: REVIEW Tag Name: Storage Building Initiated On: 3/24/2021 2:23:53PM Home Phone: Work Phone: Cell Phone: 409-201-9180 E-Mail: hirenpatell02000@yahoo.com Home Phone: Work Phone: Cell Phone: 409-201-9180 E-Mail: Home Phone: Work Phone: Cell Phone: 409-782-9520 E-Mail: tohmehani@yahoo.com Storage Buildings Facility 1930 College Street, Beaumont, Texas 77701 March 23, 2021 The proposed Storage Buildings facility project will have a management staff available on the property 24 hours a day to assist the clients and maintain the property. Each storage building will have its own access from the outside. No power or water will be provided to the storage units and the hours of access to the facility will be limited to certain hours of the day and night by management and the lease to ensure he facility does not become a nuisance to the neighborhood or the Motel. The site will have an 8' high wood privacy on the 2 sides it abuts to the neighborhood, Wall Street and Avenue G. Also, cameras, lighting and security systems will be installed for monitoring and safety. We would like to start the construction of the project in June of 2021. As the Motel owner next to the property and a long time resident of the City of Beaumont, I will ensure that the Storage Buildings facility will be built in a manner that will add the neighborhood's value and provide a safe and convenient storage facility for the residents in the area. Sincerely, Mr. Hetal Patel Owner 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 The proposed Storage Buildings facility will built on the same property that currently have a motel on it. The facility will be managed by the Motel staff and will be maintained on a daily basis to ensure it does not negatively affect the Motel business or the neighborhood. The Storage Buildings facility will also have an 8 feet high wood privacy fence to ensure the privacy of the hotel clients, the storage renters and the neighboring properties. The project owner owns the Motel on the same property and will not jeopardize its value or business. That the establishment of the specific use will not impede the normal and orderly development and improvement of surrounding vacant property; The area where the proposed location of the Storage Buildings facility is fully developed without any room of growth on any side of the project. In addition, the Storage buildings facility will be constructed to meet and/or exceed the Building Codes adopted by the City and all related City of Beaumont Ordinances. There will be an 8 feet high wood privacy fence around the property. There will be security cameras and lighting. All roadways will be concrete pavement with markings. That adequate utilities, access roads, drainage and other necessary supporting facilities have been or will be provided The proposed Storage Buildings facility will be designed by a license professional engineer in the State of Texas which will provide adequate drainage calculations and designs to be submitted to the City for approval. All the private utilities will comply with the Plumbing Codes requirements and tie into existing water and sanitary sewer infrastructure owned by the City of Beaumont. The Storage Building facility will provide fire hydrants and access gates as per the Fire Code. All new roadways will be reinforced concrete pavement with drainage and grading design. The design, location and arrangement of all driveways and parking spaces provides for the safe and convenient movement of vehicular and pedestrian traffic Access to the proposed Storage Buildings facility will be designed as per the City of Beaumont requirements and design criteria. Two Driveways are proposed to access the Storage Building facility, from Wall Street and Avenue G. All roadways will be designed for fire truck accessibility. That adequate nuisance prevention measures have been or will be taken to prevent or control offensive odor, fumes, dust, noise and vibration The proposed Storage Buildings facility will be regulated by the property management team. Part of their job description, will be monitoring the site for QA/QC of physical appearance and cleanliness. There will be guidelines and brochure for clients to ensure the Storage Buildings facility will not be a nuisance to the Motel clients and to the neighbors. Since there are no dirt roadways, dust will not be an issue. Management will immediately address any noise or vibrations with the clients and a warning will be issued. These nuisance items will be listed on the leasing agreement under the "Prohibited" section. That directional lighting will be provided so as not to disturb or adversely affect neighboring properties The electrical Engineer designing the electrical component of the proposed RV Park will ensure that the location and type of lighting does not impact neighboring properties or traffic. In addition, all the lighting system at the site will be LED with proper design luminous to not disturb or affect neighboring properties. That there are sufficient landscaping and screening to insure harmony and compatibility with adjacent property The proposed Storage Buildings facility will have an 8 feet high wood privacy fence on both street sides of the property to provide privacy to the neighbors. That the proposed use is in accordance with the Comprehensive Plan The proposed Storage Buildings facility will be designed as per all the City of Beaumont Ordinances, adopted Building Codes, and any related County rules and regulations. PZ2021-101: Request for a Specific Use Permit to allow a mini storage facility in a GC -MD General Commercial — Multiple -Family Dwelling) District. Applicant: Hetal Patel Location: 1930 College Street 0 100 200 1 1 1 1 Feet 01 egen'd' • ' �PZ2'021�;01 1. R-S I Al Pvv tipv • ,G,C''MD� 'GG=MD 'MD <, kWI GC MD R-S - R- 'WI DATE: April 19, 2021 TO: Planning Commission and City Council FROM: Chris Boone, Director of Planning and Community Development SUBJECT: Consider a request for a Specific Use Permit to allow a duplex in an RS (Residential Single - Family Dwelling) District. FILE: PZ2021-103 STAFF REPORT James Callas is requesting a Specific Use Permit to allow a duplex at 685 Jeny Lane. The approximately 2,700 square foot building would be divided equally into two (2) residences. The property is mostly surrounded by single family homes in an RS (Residential Single -Family Dwelling) District. However, properties to the north and east are zoned LI (Light Industrial). Therefore, staff finds low density multi -family development to be acceptable for this location with adequate buffers of fencing and landscaping. Staff recommends approval of this 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 16 Responses in Favor Responses in Opposition LEGAL DESCRIPTION FOR ORDINANCE PURPOSES Being Lots 9 & 10, Foxworth Addition, Beaumont, Jefferson County, Texas, containing 0.32 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 INFORMATION/PUBLIC UTILITIES APPLICANT: James Callas PROPERTY OWNER: Le's Beaumont Family Investment, L.P. LOCATION: 685 Jeny Lane EXISTING ZONING: RS (Residential Single - Family Dwelling) PROPERTY SIZE: 0.32 acres, more or less EXISTING LAND USES: FLOOD HAZARD ZONE: SURROUNDING LAND USES: NORTH: Railroad Offices EAST: Vacant SOUTH: Residential WEST: Residential COMPREHENSIVE PLAN: DRAINAGE: WATER: SANITARY SEWER SERVICE: LI Vacant "X" - Areas determined to be outside 500-year floodplain SURROUNDING ZONING: LI (Light Industrial) RS (Residential Single - Family Dwelling) RS Stable area JM Lane- Local Street with a 60' wide right-of- way and 20' wide pavement. Open ditch 2.25" water line 6" sanitary sewer line PROPERTY OWNERS NOTIFIED WITHIN 200 FEET BENNETT ELZIE JR & ROSE BHATTI IFTIKHAR A & SHAHHAZ A DOSSETT CHARLES GRIFFIN APRIL D JEFFERSON ENDEAVORS LLC LE"S BEAUMONT FAMILY INVESTMENT LP MCCOWAN LAVERNE & DAVID C MERDE GROUP NEWMANN JOE & ROXANE PADILLA MARTIN PINNACLE TOWERS ACQUISITION RICHARD MICHAEL J & SUZETTE L SHOUP THOMAS R & LISA T TRISTAN HILDA TSOUPAKIS GEORGE S ET UX BEAUMONT Planning & Community Development Case Type:Planning and Zoning Case Sub Type: Specific Use Permit Case #: PZ2021-103 Location: 685 JENY LN, BEAUMONT, TX, 77707 Individuals listed on the record. Applicant James Callas 5375 Rosemary Dr. Beaumont, TX 77708 Proae-dy Oivner Le"S Beaumont Family Investment Lp 11000 BREANNA COURT Beaamont, TX 77705 Legal Description: Lots 9 & 10 Foxworth Addition Number of Acres: 0.32 Proposed Use: Duplex in RS Case Status: REVIEW Tag Name: Request to build Duplex on Lots 9&10 (11 available if needed) Initiated On: 3124/2021 3:37:15PM Home Phone: 4098667000 Work Phone: Cell Phone: 4098667000 E-Mail: sold@abbarealty.net Home Phone: Work Phone: Cell Phone: 4092013248 E-Mail: Ibfmanagementllc@yahoo.com Specific Use Permit Request for Lots 9 & 10 685 Jeny Request for Duplex to be placed on this property 03-24-2021 by James Callas for LE'S BEAUMONT FAMILY INVESTMENT LP These lots were purchased back in March 2020 and the plan/request is to build a new Du- plex unit (3 bed 2 bath 1 car garage) each side. This will have the look and feel of the neighborhood but will be brand new construction. The units will be made available to the general public and Section 8 vouchers will be ac- cepted. Construction is estimated at 90 days with weather being favorable. It will be constructed in accordance with all codes in place at time of permitting. Dr. Le and his investment team are looking forward to adding more available housing units to the City of Beaumont. Thanks for considering this request. Requested by James Callas Broker REALTOR 554-2585 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 On cul-de-sac on vacant tract and value and area will not be diminished That the establishment of the specific use will not impede the normal and orderly development and improvement of surrounding vacant property; An orderly planned improvement and a high and good use of same That adequate utilities, access roads, drainage and other necessary supporting facilities have been or will be provided All city utilities in place and water and electric will be connected The design, location and arrangement of all driveways and parking spaces provides for the safe and convenient movement of vehicular and pedestrian traffic Driveways and parking exceeding requirements and not over -kill That adequate nuisance prevention measures have been or will be taken to prevent or control offensive odor, fumes, dust, noise and vibration Current back property line has 6" thick x 6' tall concrete fence running over the entire back lot. 11' side yard where 5' is all that is required. North side is industrial zoning. That directional lighting will be provided so as not to disturb or adversely affect neighboring properties LED lighting will be downward and diffused That there are sufficient landscaping and screening to insure harmony and compatibility with adjacent property placement will be removed. New shrubs et will be approved by City That the proposed use is in accordance with the Comprehensive Plan It appears to be in accordance with the Comprehensive Plan PZ2021-103: Request for a Revised Specific Use Permit to allow a duplex in an RS (Residential Single -Family Dwelling) District. Applicant: James Callas Location: 685 Jeny Lane 0 100 200 1 1 1 1 Feet - -�- (Legend! M'PZ202,14'03r r� s L! R-S ''0 I � — 'T,ENA>LN' — M R:S 1. Ir r C M; R-S } ' � -i