HomeMy WebLinkAboutORD 24-037ORDINANCE NO. 24-037
ENTITLED AN ORDINANCE ISSUING A SPECIFIC USE PERMIT TO ALLOW AN
AUTOMOTIVE PAINT AND BODY SHOP WITHIN A GC -MD (GENERAL
COMMERCIAL -MULTIPLE FAMILY DWELLING) DISTRICT FOR PROPERTY
LOCATED AT 3480 BENCHMARK DRIVE IN THE CITY OF BEAUMONT,
JEFFERSON COUNTY, TEXAS,
WHEREAS, Bret Floy has applied for a specific use permit to allow an automotive paint
and body shop in a GC -MD (General Commercial -Multiple Family Dwelling) District for property
located at 3480 Benchmark Drive, being Tract 39, Plat D14, A. Williams League Survey and Lot
2 and Tract 2, Section III, Executive Business Park Addition, Beaumont, Jefferson County, Texas,
containing 1.96 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 an automotive paint and body
shop in a GC -MD (General Commercial -Multiple Family Dwelling) District for property located
at 3480 Benchmark Drive, subject to the following conditions:
1. All lighting installed must be directional and shielded from all residential properties
to the east and south; and,
2. Constructions plans must meet all requirements of Water Utilities for any water and
sanitary sewer improvements, including any requirements of the City's backflow
and/or pre-treatment programs; and,
3. No permanent structure or appurtenances shall be placed with easements; and,
4. Construction plans shall comply with all applicable Fire and Building Code
requirements; and,
5. Construction plans shall be in compliance with Section 28.04.006 Landscaping and
screening requirements; and,
6. A Commitment Letter be received from the developer or property owner prior to
the issuance of a building permit stating that there will be no access to the property
from French Road and that the rezoned portion along French Road is to remain as
parking and storage, with no future. development will take place on the rezoned
portion; and,
WHEREAS, the City Council is of the opinion that the issuance of such specific use permit
to allow an automotive paint and body 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,
Section 1.
That a specific use an automotive paint and body shop in a GC -MD (General Commercial -Multiple
Family Dwelling) District for property located at 3480 Benchmark Drive, being Tract 39, flat
D14, A, Williams League Survey and Lot 2 and Tract 2, Section III, Executive Business Park
Addition, Beaumont, Jefferson County, Texas, containing 1,96 acres more or less, as shown on
Exhibit "A," attached hereto is hereby granted to Bret Floy, their legal representatives, successors,
and assigns, as shown on Exhibit "B," attached hereto and made a part hereof for all purposes,
subject to the following conditions:
1. All lighting installed must be directional and shielded from all residential properties
to the east and south,
2, Constructions plans must meet all requirements of Water Utilities for any water and
sanitary sewer improvements, including any requirements of the City's backflow
and/or pre-treatment programs,
3. No permanent structure or appurtenances shall be placed with easements.
4. Construction plans shall comply with all applicable Fire and Building Code
requirements,
5. Construction plans shall be in compliance with Section 28,04.006 Landscaping and
screening requirements.
6. A Commitment Letter be received from the developer or property owner prior to
the issuance of a building permit stating that there will be no access to the property
from French Road and that the rezoned portion along French Road is to remain as
parking and storage, with no future development will take place on the rezoned
portion.
Section 2,
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 plan 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 Beaumont, 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
compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551.
2024.
PASSED BY THE CITY COUNCIL of the City of Beaumont
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9hI..Rec! o53
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the 5th day of August,
- Mayor Roy West -
LEGAL DESCRIPTION FOR ORDINANCE PURPOSES
Being Tract 39, Plat D 14, A. Williams League Survey and Lot 2 and Tract 2, Section 111, Executive
BUshicss Park Addition, Beaumont, Jefferson County, Texas, containing 1,96 acres more or less,
BEAUMONT
Manning & Community Development
Case Type:Plannincd and Zoning Case Status; REVIEW
Case Sub Type: Specific Use/Rezone Tag Name: Specific Use Permit for parcel 32043 and
Case It: PZ2024-109 Rezoning of parcels 32047 & 122465
Location: Initiated On:412312024 3:22:54PM
individuals listed on the record.
Applicant
Bret Flory
1255 W 15th St. Suite 126
Piano, TX 75075
Property Owner
Michael Plank
Missing Address, City, State, or Zip Code In People
Agent
Melissa Hernandez
1266 W 1 Gth St. Suite 125
Plano, TX 75075
Case Type: Planning and Zoning
Case 11: PZ2024.109
Rome Phone:
Work Phone:
Cell Phone: 9724679749
E-Mall: mliornaii(lez@crossarchilects.com
crossarchilects.com
Nome Phone:
Work Phone:
Cell Phone:
E-Mail:
Nome Phone:
Work Phone:
Coil Phone: 6016664989
E-Mail: mhernandez@crossarchilects.coni
Pago 1 of 3
Printed On: 4/24/2024
BEAUMONT
Planning & Community Development
Legal Description Parcel 32043 - EXECUTIVE BUSINESS PARK SEC II TR 2
1.2334AC; Parcel 32047 - EXECUTIVE BUSINESS PARK SEC III
LOT 2; Parcel 122465 - PL D14 T 39 A WILLIAMS .30 AG
Number of Acres 1.96
Proposed Use Auto Body Paint & Repair Shop
That the specific use will be
It Is the Intent of the owner and all consultants to construct a quality
compatible with and not Injurious to
project within the standards set by the City of Beaumont Planning,
the use and enjoyment of other
Building & Engineering design. All repair activities will be conducted
property, nor significantly diminish or
in -doors and completely screened from public view.
Impair property values within the
Furthermore, the operator Implements specific operational and safety
immediate vicinity
guidelines that secure on -going daily assurance of employee,
customer, property and surrounding area safety. The project will
have no negative impact on surrounding areas but would enhance the
built environment in the surrounding neighborhood, perform a function,
and provide a service that is essential and beneficial to the
community.
That the establishment of the specific
The proposed facility will promote further success to existing
use will not Impede the normal and
businesses, provide expanded job growth and assurance of good
orderly development and Improvement
custodial care.Site & Bullding will be designed by licensed
of surrounding vacant property;
Architects/Engineers who are thoroughly versed in Body Shop
Designs. Final Interior designs shall be designed by same
ArchltectsfEnglneers. These designs shall receive City of Beaumont
a plans Review/Permit Approval to ensure structural, life safety, ADA
and Building Code compliance for the proposed operations.
That adequate utilities, access roads,
The property.has adequate utilities, access roads, drainage and
drainage and other necessary
supporting facilities. Water main runs along French Rd, Eastex Fwy,
supporting facilities have been or will
and Bench Mark Dr. Sewer runs across along west property line of
be provided
Parcels 32043 & 32047
The design, location and arrangement
Property is accessible from Bench mark Drive via Eastex Freeway.
of all driveways and parking spaces
Auto Body shops are one of the low traffic generating businesses
provides for the safe and convenient
movement of vehicular and pedestrian
traffic
Case Type: Planning and zoning Page 2 of 3
Case M PZ2024-109 Printed 4n; 4124/2024
BEAUMONT
planning & Cotnlnunity Developmelit
That adequate nuisance prevention Noise — The type of facility proposed shall be limited to vehicle body
measures have been or will be taken "prep", parts replacement and finishing work room, Typical repairs
to prevent or control offensive odor, include hood replacement, fender repair, hall damage, light Interior,
fumes, dust, noise and vibration molding and windshield replacement. Inherently, these types of
repalrs are not loud enough to project recognizable sound beyond the
proposed property lines. Furthermore, this facility shall operate with
all exterior doors closed. The shop contains a full HVAC System that
shall provide climate control year-round, With all doors closed, there
should be no nuisance to neighboring properties In the way of noise.
Dust — Within the facility, light dust Is to be expected, The amount of
dust Is akin to a classroom chalkboard. Regularly scheduled
cleaning ensures control. All sanding performed with a filtered
vacuum assist sanding machine.
Exterior -- the only dust that would be on this facility would be that
which blew In from adjacent properties. This facility has adequate
paving, perimeter landscaping and screening walls. Nothing that
occurs wlthin the premises this slie generates dust. Any dust that
enters the site would likely attach to perimeter landscaping and not
pass through to the adjacent properties
That d[rectional lighting will be
We will comply with this requirements
provided so as not to disturb or
adversely affect neighboring
properties
That there are sufficient landscaping
: Proposed landscaping and screening buffers is in accordance to
and screening to Insure harmony and
(Section 28.04.006(f)). Refer to Landscape plan
compatibility with adjacent property
That the proposed use Is In
The proposed development strongly supports the comprehensive plan
accordance with the Comprehensive
most especially the accommodation of growth while minimizing
Plata
environmental problems. As a multi-statelmulli-operator of Body
Shops, Caliber Collislon Is well versed In the procedures and
requirements to divert any operational hazards. Any hazardous
material shall be documented, handled and/or stored per local, state
and federal requirements The proposed facility will not only help In
the continued stability of the neighborhood but will also provide
expanded job growth and promote further success to existing
businesses. Caliber has over 1,700 convenient locations In 41 states
and continuously growing. This location would provide nearby '
neighborhoods with convenient, easily accessible support services.
Notes:
Case Type: Planning and zoning Page 3 of 3
Case f1, Pz2024.100 Printed Ow 4124/2024
MIN Rammm
TO: City of Beaumont
Planning Division
501 main Street, Ste 210
Beaumont, TX 77701
409-785-4789
RE: Project Narrative -- Proposed Caliber Collision for parcels 32043, 32047,
122466
DATE: April 23, 2024
This letter serves to accompany the application for Rezoning and Specific Use Permit
and provides a description of this proposed project and Caliber Collision,
I, PROJECT NARRATIVE:
Site consists of platted 1,96-acres of undeveloped land. This site is made up of parcels
32043 which is zoned GC -MD, 32047, & 122465 which are zoned RM-MM. Per the
ordinance, Auto Body Paint & Repair shops are permitted with a Specific Use Permit In
GC -MD. We are requesting approval of a Specific Use permit and Rezoning of parcels
32047 & 122465 to GC -MD to allow Caliber Collision Auto Body Repair and Paint Shop
at this location. Site is accessible from Bench Mark Dr via Eastex Fwy, It is the intent of
the owner and all consultants to construct a quality project within the standards set by
the City of Beaumont for Building and Engineering Design.
b. Details about the type of proposed operation (including hours of operation)
All repair activities will be conducted In -doors and completely screened from public view.
Public parking will be located in the front drive/parking field, All vehicles received for
repair will remain behind a 6'-0" tall chain link fence with black vinyl slats.
c. Facility Information:
. Site Area: 1.96 Acre Lot (Parcels
. Bldg SF: 16,345 SF +I-
• Hours of Operation. 7:30 a.m. -- 5:30 p.m. Monday through Friday
• Total Full -Time Employees on -site: approximately 18
d. Damage or nuisance arising from noise, smoke, odor, dust, vibration or
Illumination.
Noise — The type of facility proposed shall be limited to vehicle body "prep", parts
replacement and finishing work room. Typical repairs Include hood replacement, fender
repair, hail damage, light Interior, molding and windshield replacement. Inherently, these
types of repairs are not loud enough to project recognizable sound beyond the proposed
property lines. Furthermore, this facility shall operate with all exterior doors closed. The
CROSS ARCHITECTS, PLLC
1255 W, 15", St., Suite 125 • Plano, Texas 75075 a 972-424,3325
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shop contains a full HVAC System that shall provide climate control year-round. With all
doors closed, there should be no nuisance to neighboring properties in the way of noise.
Dust — Within the facility, light dust is to be expected. The amount of dust is akin to a
classroom chalkboard. Regularly scheduled cleaning ensures control. Ail sanding is
performed with a filtered vacuum assist sanding machine.
o Exterior— the only dust that would be on this facility would be that which blew in
from adjacent properties, This facility has adequate paving, perimeter
landscaping and screening walls. Nothing that occurs within the premises this
site generates dust. Any dust that enters the site would likely attach to perimeter
landscaping and not pass through to the adjacent properties.
e. Project Compatibility with the Comprehensive plan and Zoning District
It is the intent of the owner and all consultants to construct a quality project within
the standards set by the City of Beaumont Planning, Building & Engineering
design. The project will have no negative Impact to surrounding areas. The project
will perform a function, and provide a service that Is essential and beneficial to the
community.
• The proposed facility will not only help in the continued stability of the
neighborhood but will also provide expanded job growth and promote further
success to existing businesses. Caliber has over 1,700 convenient locations In 41
states and continuously growing. This location would provide nearby
neighborhoods with convenient, easily accessible support services
+ All services shall be performed within an enclosed building. All repair activities will
be conducted in -doors and completely screened from public view.
a All parts, materials and equipment shall be stored within an enclosed building.
There will, be no visible equipment, parts and materials outside the building.
• All vehicles received for repair will remain behind a fenced outdoor storage.
Vehicles that are taken in for repairs are typically admitted by tow truck which limits
customers coming to this location.
• No vehicle awaiting repair shall be located on any portion of the site so as to be
visible from any public street, and shall be limited to locations designated on the
approved site plan.
• The proposed development strongly supports the comprehensive plan most
especially the accommodation of growth. while minimizing environmental
problems. As a multi-state/multi-operator of Body Shops, Caliber Collision is well
versed in the procedures and requirements to divert any operational hazards. Prior
to opening for business, Caliber Collision will secure a Business License to operate
said facility. Any hazardous material shall be documented, handled and/or stored
per local, state and federal requirements. The proposed facility (site and building)
will be designed by licensed Architects/Engineers who are thoroughly versed In
Body Shop Designs, Final Interior designs shall be designed by same
ArchitectsJEnglneers. Interior Lighting, HVAC Ventilation, and Storm Sewer
oil/sand interceptors shall be properly placed to facility safe conditions within and
CROSS ARCHITECTS, PLLC
1255 W. 1511, St., Suite 125 • Piano, Texas 75075 • 972.424.3325
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outside the entire property. These designs shall receive City of Beaumont a Plans
Review/Permit Approval to ensure structural, life safety, ADA and Building Code
compliance for the proposed operations, Furthermore, the operator implements
specific operational and safety guidelines that secure on -going daily assurance of
employee, customer, property and surrounding area safety, Refer to Section 2 of
the narrative.
2, Operator and Safety Guidelines:
The operator implements specific operational and safety guidelines that secure on -going
daily assurance of employee, customer, property and surrounding area safety. These
include;
a. Drug Testing — Applicants are required to pass drug screening. Once employed,
Caliber reserves the right to perform both random and/or employee -specific
testing. Any failure results in Immediate loss of employment.
b. Authorized Employment — Applicants are required to provide proof of
citizenship and/or verification that they are authorized to be lawfully employment
in the US.
c. Background Checks -- Applicants are required to pass a background check.
This includes but is not limited to any Incidents involving sexual crime, child
endangerment, and other acts of violent nature.
d. Facility Management — Each facility is managed with adequate and competent
staff to oversee and monitor the repair services and customer interface.
e. Safety Training — Given the nature of using automated machinery and
restoration supplies, each employee is required to complete and continue
ongoing safety training. All equipment used is state of the art and properly
maintained. This instruction safeguards the employees, the environment, the
clients, their vehicles and all neighboring facilities.
e.1 All training guidelines ensure prevention of the following:
1. Loud noise, fumes, odors, dust, vibration, illumination
li. Eire, explosions, flooding,
iii. Contamination of persons, property or nearby equipment
f. Environmental Protection Agency and other Governmental Regulations
All products used, services rendered, and disposals of waste are highly regulated
to prevent unwanted affects. All products and equipment are designed to ensure
compliance. Laws and limitations are monitored and enforced so that any
employee, clientele and passerby may be assured of a safe environment.
CROSS ARCHITECTS, PLLC
1265 W. I St" St., Suite 125 • Plano, Texas 75075 • 972,424.3325
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3, COMPATIBILITY OF PROPOSED FACILITY WITH SURROUNDING PROPERTIES
AND COMMUNITY
Applicant suggests that this facility will serve as the single -most compatible site with the
types of uses permitted in the surrounding area. As such, it will promote further success
to existing businesses, provide expanded job growth and assurance of good custodial
care.
Caliber is passionate about championing causes that improve the lives of their neighbors
and teammates. Through the "Restoring You" program, they are able to live the purpose
and give back to communities they serve. Among their traditions of charity and
community enrichment programs (httl)s://www.caliber.com/why-caliber/restoring-Vou)
Caliber Collision actively supports;
American Heart Association Heart Walk, American Heart Association Cotes Du
Coeur, and Children's Advocacy Center of Catlin County
• Assisted military service members transition out of active duty and into a
collision/auto body industry career through Changing Lanes Program.
• NABC`s Recycled rides program by providing fully restored vehicles to
veterans, active -duty service members, first responders and others in need of
reliable transportation.
• Annual Restoring You Food Drive partners with local food banks to feed
children In need In the communities we serve during these critical summer
months. Caliber funded children feeding programs by partnering with 95 food
banks nationwide for 1116 annual food drive
• Community events such as the annual Toys for tots, Earth day celebration,
Celebration of African American Pioneers in the Automotive industry, golf
tournament an opportunity for our business partners and Caliber teammates to
connect on the course while supporting the Caliber Foundation, our 501(c)(3)
non-profit organization.
Finally, to further endorse their commitment to excellence, USAA has identified Caliber
Collision as having "an exceptionally high standard when It comes to service delivery.
Respectfully,
Bret Flory
blow ancrossarchitects.com
972.467,9749
CROSS ARCHITECTS, PLLC
1265 W. 15111 St., Suite 126 • Piano, Texas 75076 + 972.424.3325
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PZ2024-109: Request for a Specific Use Permit and a Rezone from RM-M (Residential Multiple
Family -- Medium Density) to GC -MD (General Commercial Multiple -Family Dwelling) or a
more restrictive zoning district to allow an automotive repair, paint and body shop.
pplicant: Bret Floy
Location: 3480 Benchmark Road 0 100
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