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HomeMy WebLinkAbout377-BAM DATE: December 7,1995 TO: Board of Adjustment FROM: Stephen C. Richardson, Planning Director SUBJECT: Consider a request for a variance to allow an owner identification sign for Jack -in -the -Box to exceed the height limitation of 50 feet set by Section 30-28 (c) 3. The applicant petitions for a sign 80 feet in height. FILE: 377-BA STAFF REPORT The Planning Director recommends denial of the variance because granting the variance: would be contrary to the public interest; would not address any physical hardship relating to the property itself, and would not be in keeping with the spirit of the zoning ordinance. The applicant is a sign company which has a contract to build the owner's sign at the site of a new Jack -in -the -Box at 3885 IH-10 South. The building site is a 1.3 acre tract out of the Schumacher Business Park Subdivision, a 4355 acre addition which was filed for record in the Jefferson County Map Records in Volume 15, page 250 on October 2, 1995. This is the former site of the Seventh Day Adventist Church which was addressed at 5410 Walden Road., The restaurant will have an access drive to Walden in addition to the freeway access. The property was rezoned from RM-H (Residential Multiple Family Dwelling -Highest Density) to C-M (Commercial -Manufacturing) by the City Council on December 6, 1994. A variance in the allowed height of a sign may be granted under Section 30-37 (e) 3 of the ordinance. Exhibits are attached. PUBLIC NOTIFICATION Notices Mailed to Property Owners: 6 Responses in Favor: Responses in Opposition: Being approximately 1.3 acres of land out of the 4.355 acre Schumacher Business Park Subdivision, S. Stivers Survey, Abstract 51, Beaumont, Jefferson County, Texas, formerly known as Tract 36, Tax Plat B-19, S. Stivers. ftqanq 90? M08mg OCT 19 1295 Condition A: The subject site is located adjacent to IH-10 in an area that is being developed for commercial/retail use. The target market for these businesses is largely transient traffic on IH-10. Supporting the cultivation and location of successful franchises such as Jack -in -the -Box along IH-1 01 in Beaumont is greatly in the public interest. This business will operate 24 hours a day generating new jobs, property tax on fixtures and improvements, and sales tax revenue that might otherwise be spent in another city. Granting the request will provide the visibility needed for the opportunity to attract this transient business and generate substantial economic benefit for Beaumont. Condition B: The subject site is located adjacent to a section of IH-10 which is elevated at _. This negates the height of the pole sign, thus greatly reducing the opportunity for a motorist travelling the speed limit on an interstate highway to see the signage, make a decision to stop, change lanes across � lanes of traffic and -safely exit. For traffic travelling west on IH-1 0, this is the last opportunity to stop within the Beaumont City limits. The attached map identifies the following physical impediments to visibility of this location. Travelling West (1) Elevated roadway (2) Overpass #- -,4— Ht. (3) Trees/orientation of the roadway at Port Arthur Hwy. interchange, Travelling Ea� (1 ) Tall/wide sign at Petro Truck Stop with message board blocks view _ Ht. (2) Orientation of the road/subject tract. Condition C: The spirit of the ordinance will be observed in that our request is for signage less than 50' above the main thoroughfare which is IH-10. The adjoining feeder roads are merely to route traffic to and from the expressway, not for destination traffic moving within the city, P swe) Z4 oxei Z 0 COMMERCLAL REAL ESTATE SPECLAUSTS November 29, 1995 City of Beaumont Planning Division, Room 210 Mr. Murray Duren, Senior Planner P.O. Box 3827 Beaumont, TX 77704 RE: Variance Request for Jack In The Box at Walden Road Dear Mr. Duren: Thank you for considering our variance request for an 80 foot tall pole sign that measures 15 feet by 15 feet for owner identification. We have found this to be necessary due to the following factors: (1) The site is adjacent to an I-10 overpass which obscures visibility. The overpass is approximately 22 to 25 feet high, with eye level from a vehicle being 26 to 30 feet. The ordinance provides for sign height of 50 feet, which will be the net visible height of our proposed sign above the roadway, (2) Traffic travelling West on I-10 must pass over an overpass at Hillebrandt Bayou in order to see the site. The distance to exit for Walden Road is about .2 (two tenths) of a mile from the time the site is visible. This is a distance of 1056 feet. A car travelling 55 miles per hour would cover this distance in 13 seconds. This creates a safety hazard as a driver would have to decide to stop, cross four lanes of high-speed traffic, and exit all within 13 seconds. Preferred visibility is one mile which would afford 65 seconds to react. The proposed sign would come close to meeting this criterion. (3) The above situation exists for traffic entering, 1-10 from Cardinal Drive. Additionally, there are trees obscuring the site. The proposed sign would improve visibility and create a safer opportunity for an orderly exit. (4) Traffic travelling East has two visibility obstacles, trees and the 70 foot massive pole sign for the Petro Truck Stop. The requested sign would insure proper visibility for an orderly exit. At 50 feet, the sign would be blocked by trees and/or the referenced adjacent sign. (5) The design of our sign would insure that we would not obstruct the view of our neighbors' signage. Crockett Street Station 390 Park Street, Suite 250 Beaumont, Texas 77701 (409) 835-2524 FAX 835-4642 P cis) Z4 0 zTel I) COMMERML REAL ESME SPECIAUSTS (6) A motorist that misses the Walden Road Exit would have to travel about three miles to Hwy. 364 to turn around. The owner indicates that a motorist would seldom do this and the business would be lost for Beaumont. (7) Precedent exists for our requests. There are signs in the area, as well as billboards similarly located along I- 10 that are similar to our height request due to approximate location to the elevated highway. Jack In The Box has numerous sites in Beaumont. They are willing to invest the substantial dollars required to insure good visibility, create a safe traffic flow, and protect the visibility of their neighbors. A successful operation will be an asset to Beaumont and for the reasons stated above, we feel the intent of the code is being preserved. Thank you for your consideration and your assistance. Sincerely, Marlin Williford Quality Signs Crockett Street Station 390 Park Street, Suite 250 Beaumont Texas 77701 (409) 835-2524 FAX 83'S•4642 I T-flce 377-BA-. Request or a variance height for � owner identification sign' ' or �ad itir—ona LOCATION: IH-10 S., north of Walden Rd. APPLICANT: Food Maker, Inc. (Jack in the Box) SUBJEC TRACT Ppnpn0L-m NORTH A SCALE 1/200 L REQUIREMENTS FOR A VARIANCE The Board of Adjustment is empowered to authorize a variance from a requirement of the Zoning Ordinance when the Board finds that all of the following conditions have been met: CONDITION A: That the granting of the variance will not be contrary to the public interest. CONDITION B: That literal enforcement of the ordinance will result in unnecessary hardship because of exceptional narrowness, shallowness, shape, topography.or other extraordinary or exceptional physical situation or physical condition unique to the specific piece of property in question. "Unnecessary hardship" shall mean physical hardship relating to the property itself as distinguished from a hardship relating to convenience, financial considerations or caprice, and the hardship must not result from the applicant or property owner's own actions. CONDITION C: That by granting the variance, the spirit of the ordinance will be observed and substantial justice will be done. ANALYSIS CONDITION A: Granting the variance would be contrary to the public interest. A maximum height of fifty feet for owner identification signs has been operational since 1981. All property in Beaumont zoned commercial and industrial including tracts on or near the various freeways are governed by the same zoning standards. Moreover, billboards (advertising signs) are restricted by the City and the State to a maximum height of 40-ft., and billboards are designed for major highway traffic. The applicant is proposing an I.D. sign of 80 feet. An 80 ft. sign will have a negative visual impact upon the existing residential developments abutting this property to the east. There is no way to screen the view of the proposed sign from the homesites that will be affected. CONDITION B: The applicant has not shown or documented that his tract of land is extraordinary in shape or meets any standards for a variance because of a physical hardship relating to his tract. There are several locations on the property that a 50- ft. tall sign could be placed to attract freeway traffic. There is an existing 50 ft. tall owner sign located 500 ft. north of the proposed 80 ft. sign which serves a similar retail purpose. The applicant's reasons for a variance are concerned with financial considerations and do not meet the test of condition B. CONDITION C: The spirit of the zoning ordinance will not be met by granting the variance to 80 feet. The restaurant's owners were aware of the sign regulations prior to acquiring the site. There is no record of any owner identification sign being erected to such a height since the adoption of the regulation. ANALYSIS continued Since 1981, the sign regulations have been amended several times to more stringently regulate the size and placement of signs and billboards. This has been done for the benefit of the public and has reduced the unsightly impact of sign clutter along our streets and highways. Staff drove the IH-10 corridor both east and west bound between the off -ramps which serve the freeway and Walden Road intersection. The Chevron sign erected at 50 feet in height in 1991, and located next to the Jack -in -the -Box site, is clearly visible to the driver prior to approaching the Walden Road off -ramps east and west bound. No extraordinary hardship has been demonstrated by the applicant. GENERAL INFORMATIONLPUBLIC UTILITIES APPLICANT: Quality Signs PROPERTY OWNER: Foodmaker, Inc, STATUS OF Owner — Prospective Buyer APPLICANT: Tenant X Other (omtrntor) LOCATION: 3885 IH-10 South LEGAL DESCRIPTION: Being approximately 1.3 acres of land out of the 4.355 acre Schumacher Business Park Subdivision, S. Stivers Survey, Abstract 51, Beaumont, Jefferson County, Texas, formerly known as Tract 36, Tax Plat B-19, S. Stivers. EXISTING ZONING: C-M (Commercial -Manufacturing District) FLOOD HAZARD ZONE: X C (Minimal) B (Moderate) A (100 year) Floodway SIZE OF PROPERTY: Users tract is 1.3 acres, more or less EXISTING LAND USES: Building site for Jack -in -the -Box GENERAL INFORMATION UBLIC UTILITIES continued SURROUNDING USES: NORTH: Drainage ditch, comynercial site, woods EAST. Residential SOUTH: Truck stop (Petro) WEST: 114-10, Motel', Restaurant COMPREHENSIVE PLAN: OTHER PHYSICAL FEATURES: SURROUNDING ZONING: Ll (Light industrial District) RM-1-I (Residential Multiple Fatuity - High Density District) Ll Ll and GC -MD (General COnlincrcial - Multiple ramily District) Activity Corridor (11-1-10) within an Industrial area. None STREETS: IH-1,0.,South The right-of-way is approximately 450 feet wide. The tract for the proposed restaurant for which the sign is intended fronts on the northbound service road. There is a proposed 20 feet wide driveway to access Walden Road on the south. Walden Road is a major arterial street with a 60 foot right-of-way. DRAINAGE: Surface drainage to ditches. There is a storm sewer in 11-1-10. WATER: There is a 12" water line in Walden which continues around the 4.35 acre Schumacher Subdivision tract along IH-10. SANITARY SEWER SERVICE: There is an 8" sewer in IH-10 and a 6" in Walden. FIRE PROTECTION: Fire protection is provided by Station #10, 3855 Washington Blvd. ADEQUACY OF SERVICE: Services and utilities are adequate.