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Home My WebLink AboutPZ2023-431DATE: November 20,,2023 TO: Planning Commission and City Council FROM: Demi Engman, Planning Manager SUBJECT: Consider a request for a Specific Use Permit to allow a heavy equipment dealership and repair shop within the GC -MD (General [ornrnercio| — Multiple Family Dwelling) District. FILE* PZ2023-431 STAFF REPORT Jennifer King requests approval ofa Specific Use Permit toallow aJohn Deere equipment dealership and repair shop iobelocated at32G5EastexFreeway. The building existing etthis location has been used as an automotive collision and body shop for some time. Planning and Zoning relies on Section 28-03-023 Permitted Uses of the City's Code of'Ordinances to determine where land uses are permitted, conditionally permitted or not permitted in certain zoning districts. The categorization of businesses derives from the Standard Industrial Classification Manual published by the Executive Office of the President Office of Management and Budget. Strict compliance of the ordinances requires a successful Specific Use Permit for a heavy equipment dealership to operate within the CS['MD zoning district. The proposed use appears tobeacompatible use at the proposed location |nrespect to existing surrounding land uses. Staff recommends approval ofthe request with the following 1. Construction plans must meet all requirements by Water Utilities for water and sanitary sewer services, including any requirements of the C|h/s back -flow, pre-treatment and/or FOG program, 2. Construction plans shall comply with all applicable Building and Fire Codes. 3. Equipment shall not encroach or be displayed within any easements or right-of-way. 4, Shall install a 6" wide landscaping buffer along the Eastex Freeway and parking lot in accordance with Section 28.04.006 Landscaping and screening requirements. All parts of the landscaping must be installed on private property not to encroach into TXDOT's right-of-way. Exhibits are attached. PUBLIC NOTIFICATION Notices mailed toproperty owners S Responses in Favor Responses in Opposition LEGAL DESCRIPTION FOR ORDINANCE PURPOSES Being Plat D-15, Tracts 45-C and 45-DA.Williams League Survey, Beaumont,, FAIm,11mLI LIMV CONDITIONS FOR APPROVAL OF SPECIFIC USE PERMIT (SECTION 28-26.E� ZONING ORDINANCE) Application Application is in |snot |n Comments compliance compliance Attached l.That the specific use will becompatible with and not injurious totheuseandenjoyment of other property., or significantly diminish or impair property values within the immediate vicinity; x 2.That the establishment ofthe specific use will not impede the normal and orderly development and improvement of surrounding vacant property; FA4 3.That adequate utilities, access roads, drainage and other necessary supporting facilities have been orwill beprovided; X 4.The design, |ocatonandarrangernentofaU driveways and parking spaces provides for the safe and convenient movement ofvehicular and pedestrian traffic without adversely affecting the general public or adjacent developments; x S.That adequate nuisance prevention measures have been orwill betaken 10prevent orcontrol offensive odor, furnes,dust, noise and vibration; X 6-That directional lighting will beprovided soas not todisturb oradversely affect neighboring properties; X 7.That there are sufficient landscaping and screening toinsure harmony and compatibility with adjacent property; and, x O.That the proposed use isinaccordance with the Comprehensive Plan. X GENERAL INFORMATION/PUBLIC UTILITIES OWNER: PROPERTY LOCATION -. EXISTING ZONING- USES:EXISTING LAND FLOOD HAZARD ZONE: NORTHE Commercial EAST. Interstate SOUTH: Church WEST: Vacant COMPREHENSIVE PLAN: STREETS: DRAINAGE: Jennifer King Landon Duncan 32G5EastexFreeway GC -MD (General Commercial —Mu|t1p>e Family Dwelling) "-3Z84acnes K'nse|Collision Center X—Area determined tobeoutside the 5OO year flood plain. GC -MD (General Commercial K4ub1p|e Family Dwelling) Not Applicable GC -MD RM-H(Residential Multiple Family Dwelling— Highest Density) Stable Area Eastex Freeway —Fneevvayvvithva 'ng right-of-vwoyand pavement widths. Curb and gutter City ofBeaumont 6"water line PROPERTY OWNERS TIFIE WITHIN 001 BMT ELDERLY c HANDICAPPED KIISEL MOTORS INC APOSTOLIC CHURCH APOSTOLIC CHURCH KIi SEL--KINSEL PARTNERSHIP SHIP BEAUMONT Planning & Community Development Case lypaPlamningand Zoning Case Sub Type: Specific Use Permit Case #:PZ2O23431 Location: 3285EASTEXFVVY. eeAUx4ONT, 77706 Individuals listed onthe record - Applicant Jennifer King 1335ehumooreRd Houoton.TX77043 Property Owner Landon Duncan gi1iNorth Freeway Houston, TX77037 Agent Jennifer King 1335Brktmoonand Houston, TX77Q43 Case Type- Planning and Zoning Case Status: REV|FVV Tag Name: SUP for heavy equipment dealership and repair shop. Initiated On: 10/1312023 3:02:03PM Home Phone: 7134058308 Work Phone: Cell Phone: 7132087088 Home Phone: 2812494817 Work Phone: Cell Phone: 2818027845 Home Phone: 7134858306 Work Phone: Cell Phone: 7132087098 Page of Printed On: 1o07/2oou BEAVMC3NT Planning & Commutifty Development Legal Description PL D-1 5 A WILL TR 45-C 2.166AC TR 45-D NUmber of Acres 3.28 Proposed Use SUP for heavy eqUipment dealership. That the specific use will be a. The current site and building that the new business will inhabit is compatible with and not injurious to an autornotive collision center which shares a site with a multi -brand the use and enjoyment of other automotive dealership facility. The site and buildings have been an property, nor significantly diminish or automotive dealership for the last 37 years. The new facility will sell impair property values within the and service heavy machinery which will have the same functionality immediate vicinity as an automotive dealership. That the establishment of the specific use will not impede the normal and orderly development and improvement of surrounding vacant property; That adequate utilities, access roads, drainage and other necessary supporting facilities have been or will be provided The design, location and arrangement of all driveways and parking spaces provides for the safe and convenient movement of vehicular and pedestrian traffic That adequate nuisance prevention measures have been or will be taken to prevent or control offensive odor, fumes, dust, noise and vibration That directional lighting will be provided so as not to disturb or adversely affect neighboring properties That there are sufficient landscaping and screening to insure harmony and compatibility with adjacent property That the proposed use is in accordance with the Comprehensive Plan Notes: a. The new business will not impede the normal and orderly development and improvement of surrounding vacant property. The properties around are not vacant and the business will be run by the same company as well as performing the same functions as the previous occupants. a. We will be maintaining the existing utilities, access roads, drainage, and other necessary supporting facilities that are for the site and building. We are currently working through the City of Beaumont code to confirm that we have all the adequate needs and will provide any upgrades necessary to meet code requirements. a. We will be maintaining the existing driveways. We will be reviewing the parking space count, however, do not foresee any issue as the occupancy of the building is not changing and the previous business was an automotive dealership with an abundance of parking for both customers and inventory. a. We will take all, adequate measures to prevent and control all adequate nuisance such as odor, furnes, dust, noise, and vibration. We do not foresee any increase or change to odor, fumes, dust, and/or noise with the new occupant, however we will take all measures to prevent and control if it occurs. We are currently reviewing the existing paving to review thickness and integrity to replace if needed which will determine and mitigate any added vibrations that may occur with the heavy equipment. a, We will be maintaining the existing site lighting and building lighting for the renovation area. We will follow all code and city requirements for any wall pack lighting that may be added to the addition or wash bay area. We will be maintaining the existing landscaping and screening. The proposed use will be in accordance with the comprehensive plan provided. Case Type- Planning and Zoning Page 2 of 2 Case #- PZ2023-431 Printed On- 10/27/2023 CONSTRUCTION !TRUCTION COMPANY Teal Construction Co m parry Constriction Managers - General Contractors 1335 Mt moore Rd, Houston, TX 77043 phone 713.4 65.8306 City of Beaumont Planning & Community Development PO Box 3827 Beaumont, TX 77704 RE: Specific Use Permit (SUP) Application for Doggett Heavy Machinery Services at 3255 Eastex Freeway, Beaumont, TX 1. Letter describing all processes and activities involved with the proposed use. If the application is for a combined SUPIRezone, please state the zone requested and all pertinent details of the proposed business. Doggett Heavy Machinery Services (DHMS) is requesting a Special Use Permit to move their John Deere construction equipment dealership from a current leased building to a building that they own on their 3255 Eastex Freeway site. The business buys and sells, repairs and maintains, and sells parts for heavy equipment. The current business occupying the building is an automotive collision and body shop. The building will be altered to accommodate the heavy equipment dealership by the demolition of the current service shop building, construction of new service shop building in same footprint), and the renovation of the front of house to meet DHMS and John Deere brand standards as well as bringing the building up to current codes. There will be a separate wash bay structure that will be added to the site which will be designed and built to all required codes and ordinances. The current' uilding shares a site with a multi -brand automotive dealership that is owned by Doggett Automotive Group; Doggett Ford & Doggett Mazda. This site buys and sells, repairs and maintains, and selis parts for automotive vehicles. Doggett is not proposing to make any changes to the existing driveways to the site which will not affect the surrounding businesses or frontage road. The other neighbor to our site is The Apostolic Church which is open throughout the week however we do not foresee an influx of traffic coming to the site from the previous business. Their most active day is Sunday, which the dealership will be closed. With that said, Doggett does not foresee impediment on their daily activities. 2. Please refer to the attached site plan for building and construction reference. If you have any questions about any other processes or activities with the proposed use, please do not hesitate to contact us. Thank you! 5. Provide valid email address, mailing address and phone number for each pady on the application so the office can n7ake contact should your application require more information. Applicant, Design Builder, Agent — Teal Construction, Jennifer King, lennif rking@tealcon.co — 713.465.8306 Owner — Doggett Equipment Services Group, Landon Duncan, landon.cluncan(o),doggett.com — 281.249.4617 Section 28-04-001 Specific Use Permits: Requires that these eight conditions be met before a specific use perinit can be issued: Please answer the questions in full, and not it) yes or no answers. (e) Conditions for approval. A specific use pemift shall be issued only if all the following conditions have been found: Please find the below answers to the eight conditions for the Specific Use Permit CONSTRUCTION COMPANY Teal Construction Company ConsinictionManagers General Contracta's 1335Btittr-nooreRd,Hour store, TX77043 phen e713.465.830,6 (1) That the specific use will be compatible with and not injurious to the use and enjoyment of otherpropelly, nor significantly diminish or impair property values with in the imme 'iate vicinity; a The current site and building that the new business will inhabit is an automotive collision center which shares a site with a multi -brand automotive dealership facility. The site and buildings have been an automotive dealership for the last 37 years. The new facility will sell and service heavy machinery which will have the same functionality as an automotive dealership. (2) That the establishment of the specific use will not impede the normal and orderly development and improvetiient of surrounding vacant property; a. The new business will not impede the normal and orderly development and improvement of surrounding vacant property. The properties around are not vacant and the business will be run by the same company as well as performing the same functions as the previous occupants. (3) That adequate utilities, access roads, drainage arid other necessary supporting facilities have been or will be provided, a. We will be maintaining the existing utilities, access roads, drainage, and other necessary supporting facilities that are for the site and building. We are currently working through the City of Beaumont code to confirm that we have all the adequate needs and will provide any upgrades necessary to meet code requirements. (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; a. We will be maintaining the existing driveways. We will be reviewing the parking space count, however, do not foresee any issue as the occupancy of the building is not changing and the previous business was an automotive dealership with an abundance of parking for both customers and inventory. (5) That adequate nuisance prevention measures have been or will be taken to prevent or control offensive odor, fumes, dust, noise and vibration; a. We will take all adequate measures to prevent and control all adequate nuisance such as odor, fumes, dust, noise, and vibration, We do not foresee any increase or change to odor, fumes, dust, and/or noise with the new occupant, however we will take all measures to prevent and control if it occurs. We are currently reviewing the existing paving to review thickness and integrity to replace if needed which will determine and mitigate any added vibrations that may occur with the heavy equipment. (6) That directional lighting will be provided so as not to disturb or adversely affect neighboring properties; a. We will be maintaining the existing site lighting and building lighting for the renovation area. We will follow all -code and city requirements for any wall pack lighting that may be added to the addition or wash bay area. (7) That there are sufficient landscaping arid screening to ensure harniony and compatibility with adjacent property,- and a. We will be maintaining the existing landscaping and screening. (8) That the proposed use is in accordance with the comprehensive plan. a. The proposed use will be in accordance with the comprehensive plan provided. 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