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HomeMy WebLinkAboutORD 23-093ORDINANCE NO.23-093 ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A HEAVY EQUIPMENT DEALERSHIP AND REPAIR SHOP IN A GC -MD (GENERAL COMMERCIAL -MULTIPLE FAMILY DWELLING) DISTRICT FOR PROPERTY LOCATED AT 3265 EASTEX FREEWAY, IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS, Jennifer King has applied for a specific use permit to allow a heavy equipment dealership and repair shop in a GC -MD (General Commercial -Multiple Family Dwelling) District for property located at 3265 Eastex Freeway, being Plat D-I5, Tracts 45-C and 45-D, A. Williams League Survey Beaumont, Jefferson County, Texas, containing 3.294 acres, more or less, as shown on Exhibit "A," attached hereto; and, WHEREAS, the Planning and Zoning Commission of the City of Beaumont considered the request and is recommending approval of a specific use permit to allow a heavy equipment dealership and repair shop in a GC -MD (General Commercial -Multiple Family Dwelling) District for property located at 3265 Eastex Freeway, subject to the following conditions: 1. Construction plans must meet all requirements by Water Utilities for water and sanitary sewer services, including any requirements of the City's back- flow, pre- treatment and/or FOG program; and, 2. Constriction plans shall comply with all applicable Building and Fire Code requirements; and, 3. Equipment shall not encroach or be displayed within any casements or right-of- way; and, 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; and, WHEREAS, the City Council is of the opinion that the issuance of such specific use permit to allow a heavy equipment dealership and repair shop is in the best interest of the City of Beaumont and its citizens. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this ordinance are hereby, in all things, approved and adopted; and, ged-Ainn i THAT a specific use permit allow a heavy equipment dealership and repair shop in a GC -MD (General Commercial -Multiple Fancily Dwelling) District for property located at 3265 Eastcx Freeway, being flat D-15, Tracts 45-C and 45-D, A. Williams League Survey Bearrmont, Jefferson County, Texas, containing 3.284 acres, more or less, as shown on Exhibit "A," attached hereto is hereby granted to Jennifer King, their legal representatives, successors and assigns, as shown on Exhibit "B," attached hereto and made a part hereof for all purposes, subject to following conditions: 1. Construction plans must meet all requirements by Water Utilities for water and sanitary sewer services, including any requirements of the City's back- flow, pre-treatment and/or FOG program. 2. Construction plans shall comply with all applicable Building and Fire Code requirements. 3, Equipt-rent 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 Qr Ml'nn i That the specific use permit herein granted is expressly issued for and in accordance with each particular and detail of the site plan attached hereto as Exhibit "B," and made a part hereof for all purposes. Section 3. Notwithstanding the site plain attached hereto as Exhibit "B," the use of the property herein above described shall be in all other respects subject to all of the applicable regulations contained in Chapter 28 of the Code of Ordinances of Beaunnont, Texas, as amended, as well as comply with any and all federal, state and local statutes, regulations or ordinances which may apply. The meeting at which this ordinance was approved was in all things conducted in strict coinnpliance with the Texas Open Meetings Act, Texas Goverininnent Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of December, 2023, t this the 5th day of Roy West - LEGAL DESCRIPTION FOR ORDINANCE PURPOSES Being flat. D-15, Tracts 45-C and 45-D, A. Williams Loague Survey Beaumont, Jeffersoi) County, Texas, containing 3.284 acres move or less. BLAU"MONT Pluttiniltca A COMMLtttity Doyelopmotit Case Type:Planning and Zoning Case Sub 1' fpe: Speclfic Use Permit Case M PZ2023-431 Location: 3265 EASTEX FWY, EEAUMONT, 77706 Individuals listed oii the record: Appiicant Jennifer King 1335 Brittmoore Rd Houston, TX 77043 Properly Owner Landon Duncan 9111 North Freeway Houston, TX 77037 Agent Jennifer king 1335 Brittmoore Rd Houston, TX 77043 Case Type: Planning and Zoning Case It: Pz2023A31 Case Status: REVIEW Tog Namo: SUP for heavy equipment dealership and repair shop. Initiated On: 10/13/2023 3:02:03PM Home Phone: 7131658306 Work Phone: Cell Phone: 7132087096 E-Mail: Jonniforking@tealcon.com Nome Phone: 2812494617 Work Phone: Cell Phone: 2818027945 E-Mail: Landon.Duncan@doggett,com Home Phone: 7134658306 Work Phone: Cell Phone: 7132087096 E-Mail: jenniforking@tealcon.com rage 1 of 2 Printed On: 10/27/2023 Planning & Comnituilty Development Legal Description PL D-15 A WILLIAMS TR A5-C 2,166AC TR 45-D hlurnber 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 automotive collision center which shares a site with a multi -brand the use and onjoymont of other automotive dealership facility. The site and buildings have been an property, not, significantly diminlsh or automotive dealership for the last 37 years. Tile 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 tine 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 Flan Notes: Case Type: Planning and Zoning Case P.- PZ2023-431 a. The new business will not Impede the normal and orderly development and Improvement of surrounding vacant properly. The properties around are not vacant and the business will be run by the same company as wall 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, 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 file 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, Poge 2 of 2 Printed On: 10/27/2023 GUNSTiiIlCTION Cgfi9f'ANY Teal Constru01011CoinPatty C0ns1rucl1onManago6 - GeneralContructots 1335Biiltiiiooi-eR(i,ilaustori,TX77043 t hone 713.465,W0G City of Beaumont Planning & Community Development PO Sox 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 will) the proposed use. If the application is for a combined SUP/Rezone, 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 Eastox 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 OHMS 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 building 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 sells 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 youl 5. Provide valid email address, mailing address and phone number for each party on the application so the office can make contact should your application require more information. Applicant, Design guilder, Agent — Teal Construction, Jennifer King, ienniferkingfitealcon.com — 713.465.8306 Owner -- Doggett Equipment Services Group, Landon Duncan, landon.duncan a@doggett.com — 281.249.4617 Section 28-04,001 Specific Use Permits: Requires that these eight conditions be met before a specific use permit can be issued: Please answer the questions in full, and not In yes or no answers. (e) Conditions for approval. A specific use permit 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 CONSTPt1NY Teal Constructloll Compaily CarrstiuctionMuncigers,Gel"lerUlColIliUClOfS 1335Biiitnxoc7reR(l,t-IouSton,TX770431:)Itortie7r3.465.8306 (1) That the specific use will be compatible will) and not injurious to the use and enjoyment of olherpropedy, tlor sigtrlficantly dirnirrish or impair property values within the immediate 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 ltnpede the normal and orderly development and /mprovetnent of surrounding vacant properly; 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 and other necessary supporting facilities have beet) 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 conveniont 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 and screening to ensure harmony and compatibility will) adjacent property; and a. We will be maintaining the existing landscaping and screening, (8) That the proposed use is in accordance with lire comprehensive plan. a. The proposed use will be In accordance with the comprehensive plan provided. Thank you - 1, / ,•a+rns us - mli M,aV—a .,.m "if roam - - a —n -I •era\'4 per '1(01 tu:/u/ai a. m Olc 1_2023-431: Request for a Specific Use Permit to allow a heavy equipment dealership and repair s Ithin the GC -MD (General Commercial -- Multiple Family Dwelling) District, )plicant; Jennifer King )cation: 3255 Castex Freeway 0 100 200 1 1 I Feet