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Home My WebLink About505-BADATE: September 4, 2003 TO: Board of Adjustment FROM: Stephen C. Richardson, Planning Manager SUBJECT: Request for variances to the maximum allowable height requirement of 5' to 8' and maximum allowable area requirement from 20 sq. ft. to 70 sq. ft. for a subdivision identification sign. FILE: 505-BA STAFF REPORT Nichols Development Company is developing Westchase Village Subdivision east of Major and south of the Folsom Extension. To identify the subdivision, the Nichols Company got a permit to build a subdivision identification sign at the entrance of the subdivision at Village and Major Drives. The permit was erroneously issued based solely upon a site plan without any dimensions given. Once the sign was built, the Nichols Company was notified that the sign was not in compliance with the Major/Dowlen/Gladys/Hwy. 105 Sign Overlay District. The regulations state that a subdivision identification sign shall not be bigger than 20 sq. ft. in area and no more than 5' in height (measured from the ground). Since the submittal of the original application, Howard Nichols has spoken with the Planning Manager about his desire to comply with the regulations as much as possible but still have his sign visible to traffic along Major Drive, He has stated that the existing sign will be removed. On August 27, Mr. Nichols brought in a revised proposal asking for a sign that is 70 sq. ft. in area and 8'above the curb height adjacent to the sign. The sign face will be 50 sq. ft. A 2' tall landscape wall (measured from the top of the adjacent curb) will be built surrounding the sign. The sign will be 6' in height, measured from the top of the landscape wall. The applicant shall have the burden of proof to demonstrate that all three conditions necessary for approval have been met. Exhibits are attached. Notices mailed to property owners I . Responses in Favor . Responses in Opposition -. -NICHOLS DEVELOPMENT CO., INC. Land Developers Residential Lots Townhouses Lots Commercial Land August 27, 2003 Mr. Steve Richardson City Planner City Hall Beaumont, TX Dear Steve, As we discussed, I am providing to the Board of Adjustment the amended application for the sign variance. The existing sign erroneously permitted will be removed and hopefully allowed to be replaced with the sign as requested, meeting the criteria as allowed in commercial development 30.23 section 4. Should you need any additional information please feel free to contact me. Yours truly, Howard Nichols 8445 Gladys, P.O. Box 7o6g, Beaumont, TX 77726-7o6g 409-860-3227 NICHOLS DEVELOPMENT CO., INC. Land Developers Residential Lots Townhouses Lots Commercial Land August 27, 2003 City of Beaumont Board of Adjustment C/O Planning Department RE: Amendment to the request for a variance regarding the 30-23 Sections 1-Sign Overlay District Regulations Dear Sir or Madam; I request a hearing of the Board of Adjustments to consider a variance to the sign overlay regulations as described in the Ordinance 30-23 section 1. Specifically, I request that the sign regulations as described for a retail use development that allows for a sign not to exceed 70 square feet in size, and 6' in height measured from the top of the landscape wall that is 2 feet above the curb be allowed for Village Drive at Major Drive. Even though this 78 acre, 300 lot multi -use residential development far exceeds the size of typical retail developments only one street will have access to Major Drive, therefore only one entrance sign is required. I have provided additional information to clarify the need for this variance as well as responses to the variance supplemental application form. The application fee of $200 is included and I hope to meet with the board on September 4, 2003 Yours truly, J "�/d - ZA oward G. Nichols, il�- Encl: 8445 Gladys, P.O. Box 7o69, Beaumont, TX 77726-7o69 409-860-3227 VARIANCE SUPPLEMENTAL APPLICATION FORM BEAUMONT, TEXAS (CODES SECTION 30-37 E.3) The Board of A4uswmg has the power to grant variances 1%.hac the folla%iinj listed conditions have been met Indicate how your applw.41,00 meets each of these conditions in the space foliowing each condition (The applicant W the burden of proof to demaniarate, that all three of the conditions necessary for a variance have been rnel). EX=PL as odwn%isc prolubited. the Board is ernpo%%trad to audxxi= a vtwiancc from a requirement of the Zoning Otdinance %vhcn the board fuuis that all of the following conditions have been rrict- COND1110N . That the granting of the variance sill not be cont;;Wy to the public trA=st Granting this variance will provide a benefit to the public interest and promote the public safety and welfare. The posted speed limits on Hwy 364 is 60 mph. The requested sign height of 61 above highway pavement height and the sign size of 70 sq. ft. will give better visability to motorist to allow them the proper time necessary to reduce speed to enter the neighborhood. CQNDII112N 13* That IiWW WfMaeriumt of dX W&MLnog will Mra w ummmuy hardskup bm&w of C%Ccpuonal nwok%==, WWWrXxg, ShW topopaphy or other exusordinary or exceptioO&I Physical 23mation or physical condition unique to the Spedfic PiCict Of Property in q"iOn- *UwuwA*swy hardship" "I nwAA phi steal hx*Jup relating to the property itself as distinguished from a hArdsWp relating to convenience. financial considerattow or caprice, and the hardship must not mutt bun the applicmt or Ownces own actxxu. Two unnecessary hardships exist that require this request for a variance, as follows: 1. Westchase Village totals 78 acres with 18151 of width allowing 6 streets to be leveloped but has only 5191 of highway frontage allowing only one entrance street, calling for one larger sign, rather than 6 smaller ones. See exhibit A. 2. When Major Drive was paved, the highway was elevated 51 above the natural ground level to allow for open ditches of 271 widths. The ground level height at the proposed sign location - 151 behind the property line 531 from the east -side moving lane is 41 below the pavement level of the highway. To provide visability the sign needs to be 61 above the landscape wall as shown -on Exhibit B. 02ISDITION C: That by vantinS the varisaft, the spirit of the ordisiatwe will be observed WW subsLuwal �uiticc will be done. In the spirit of the sign overlay district regulations, the following features are incor- porated in Westchase Village, as follows: 1. Established an owners association with annual dues to maintain the subdivision entrance island and the 381 open landscape easements. 2. Enlarged the street right of way to 701 to allow for the 151x521 entrance landscape island and 361 wide pavement on Village Drive. See Exhibit D 3. Installed 100% underground electric services with pedestal street lights and neighborhood mail collection units to eliminate individual mail boxes. 4. Increased the front yard building set backs to 401 and moved the underground utility easements to the 40, building set back line on Village Drive. See exhibit C I -1EPJEBY ATTEST THAT, TO THE BEST OF My KNOWLWGE, My REQUEST MEETS THE I 4DITIONS STATED ABOVE IL NOW OR FORMERLY SCOTT MONROE ,nilpin c.a,' ami Pfv% FILE 505-BA: Request for a variance to the maximum allowable height requirement NORTH of 5' to 13' and maximum allowable area requirement from 20' square to 174' square. Location: Village Dr. * Major Dr. Applicant: Nichols Development Co. SCALE B L WV) 1 X, �J UJ ca VIUJ (:3(31 1 2 3 4 '4n 3:W 2 Bow P 8060 8050 8040 z Z 10'X20' UTILITY EASEMENI(IYP,) Id _40' 9UIL011113 13ETBACX LINE 10' ENIERGY EASEMENT U*) -I- - - -Lio- unuTY EASEMENT J_ 4 0L_ _ S. >W , z to rJ <, Zo C'4 L.J*tf) z 1 47,97 82.67 V) W In z C-r UJW lu 21 1z z C4 0 W 8065 �_n (�) ;n X COMMON AR A- I I '000 rr,'t"I'lo 1,001' WNUMFN t 01 VILN 87"00'30" E - 695.00 LAbE DR . N 87*00'30'* E 670,04' 55.00 95.00 90.00 16 UTILITY EASEMENT 10' ENIERGY EASEMENT —44(:F-Fu-iLc)iWG——LINE - SETBACK ri ej aD rl 20 19 18 8055 8045 8035 B L 0 C K 35,00 95.00 90.00 S 87*11'24!' W - 520.31 (CALLED s 87'14'31" W) 4.f179 ACRES �:. 02'59'16" E 1gg3.27' f iri ,r. t1i _ aL Ri1 c1a (CALLM s 07'51 8f' 1) I �PPily i f , OD iON • _ 113 If � • I � I I 11• 111 •L �• rt o I I 11i xi y SL s Y e1: ft, fs. rig- 1 low r 6 iL _• • � �? Q Y I� .•. _ Id I .t La .1w ati ♦ .1 0 1 � "'a l�aMv...►'if' __.LJ,._,,.,�1,11,. !f`(',j�I�, t yy � 1 « • �7 � f 1_ r M1 O fL ♦ n � O N A •� I j i '� I J �� - "rr• ( I ( y!' xrw .Ian. .i• .. 0 • • M • � I L oM of it141, ase est n ,L� Ti (Cag e fl 78 ACRES - ,r L,... I _1 �! i .••L•a»a it! ICHOLS DEVELOPMENT CO• 111 MAJOR DRIVE 11-04 SJ "'au o ry W M M —Malor Drive (AKA IV 8:�LLEO N 02'52'15' 'A N 2 55'28" W — 510.35 .1- ___\ 3 S 02,5q yj t OWLDING SETBACK LINE c OD 0 0) E - _2MO9 CO 119* 0 ca co co C> 8 co w CO co n 0 rL:-N A Ill \— —c: -' k 2 rA -,q so w - 202 It 1 -5' at� ILDING SEIBACK LINE co 01 tot �) 6. co a 0 C> F4 -4 M— I JI C 14 co C, cn Cl LA 0 : co 21160 21 I (-� cz- D major Drive XIST0'q'%^-' i-CINCPt v PA A V L t 1p PROP, 72�'F.- 24" RCP <=> —_Now TOP V) tm z EXI' 0 cc j _ 8. FCz) zk '71 IL . . ....... WAL-L-0' --ss GENERAL INFORMATION/PUBLIC UTILITIES APPLICANT: Nichols Development Company PROPERTY OWNER: Same LOCATION: Intersection of Village Drive at Major Drive. EXISTING ZONING: RS (Residential Single Family Dwelling) District FLOOD HAZARD ZONE: "X" - Areas determined to be outside 500-year floodplain SURROUNDING LAND USES: SURROUNDING ZONING: NORT14: Vacant RS (Residential Single Family Dwelling) District FAST: Vacant RS SOUTH: Vacant RS WEST: Major Drive RS COMPREHENSIVE PLAN: Neighborhood Growth Unit OTHER PHYSICAL FEATURES: Median at the entrance of the subdivision STREETS: Village Drive - local street with a 70' wide right-of-way and 3 8'-45' pavement width DRAINAGE: Curb and gutter WATER: 811 water line SANITARY SEWER SERVICE: 1211 sanitary sewer line FIRE PROTECTION: Fire protection is provided by Station #9, 7010 Gladys. ADEQUACY OF SERVICE: Services are adequate.