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HomeMy WebLinkAbout385-BAPATE: September 5, 1996 TO: Board of Adjustment FROM: Stephen C. Richardson, Planning Director SUBJECT: Consider a request for a variance to the sign regulations pertaining to a proposed owner identification sign in the A-R (Agricultural -Residential) District. FILE: 385-BA STAFF REPORT AND PROJECT INFORMATION The Planning Director recommends denial of the variance request because the applicant has failed to demonstrate compliance with Conditions A, B and C as required by Sec. 30-37 (e) 3. The First Baptist Church received a specific use permit on August 1, 1995, which allowed a new private elementary school to be built on a 6.75 acre tract located at the northeast comer of the proposed extension of Folsom Drive and N. Major Drive (FM 364). The specific use site plan showed a sign that conformed to the regulations. The school was constructed and opened in August 1996. The 6.75 acres is the southwest corner of a 40 acre tract out of the W.B. Dyches Survey that First Baptist Church purchased from the Amoco Production Company. The church has future plans for the remaining 33.25 acres but no specific use permits or zone change requests have been submitted regarding the larger A-R zoned tract. This current request is an application to install a sign larger than allowed in the district at the new school site. Section 30-28 (sign regulations) allows owner identification signs in the residential districts for institutional uses subject to the following requirements: The sign shall not exceed twenty (20) square feet in area; The sign shall not exceed fifteen (15) feet in height; The sign shall not be lighted except by reflective flood -light type illumination; The sign shall be located a minimum of twenty-five (25) feet from any property line; The sign shall meet the wind load requirements of the Building Code. In addition, regarding detached signs in residential districts, (i.e., A-R, R-S, RM-M and RM- H), the number of such signs are limited to one for each abutting street. In this case, two (2) signs would be allowed for the 6.75 acre elementary school site. The proposed school sign face is a 6'6" x 8'0" (52 sq. ft. more or less) internally illuminated aluminum cabinet with a reader board, mounted on a 23' 5" pole,wrapped in a 5' 6" wide aluminum cover. The sign face will extend to a height of 14'6". The proposed sign fails to comply with the maximum square footage allowed, the maximum height and width, and the type of illumination permitted. Exhibits are attached. PUBLIC NOTIFICATION Notices mailed to property owners 5 . Responses in Favor . Responses in Opposition LEGAL DESCRIPTION Being the most southwest part of a 40 acre tract of land located in the W.B. Dyches Survey, Ab. A-17, Beaumont, Jefferson County, Texas, said 40 acres conveyed to the First Baptist Church by the Amoco Production Company, said southwest part being situated at the northeast corner of the proposed extension of Folsom Drive with North Major Drive (FM 364), said school site containing approximately 6.75 acres, more or less. August 13, 1996 Planning Division, Room 210 City Hall, 801 Main Street Beaumont, TX 77701 ReE Application for Code Variance First Baptist Church, Beaumont Dear Sirs: The purpose of this correspondence is to offer the rationale for the above referenced application. The First Baptist Church of Beaumont requests variance from the City of Beaumont Codes regulating design and placement of signs in residential areas. Variance from three of the five restrictions is requested: "the sign shall not exceed twenty (20) square feet in area," "the sign shall not exceed fifteen (15) feet in height," and "the sign shall not be lighted except by reflective flood -light type illumination." The property in question has a physical address of 3810 N. Major Dr. (FM 364) and is located on Major Dr. at the intersection of the proposed Folsom Road extension. At this location Major Dr. is a four -lane road with a continuous left -turn lane. The posted speed limit along this stretch of road is fifty miles per hour (50 MPH). The purpose of a sign is to afford the owner a certain level of visibility and recognition. At this location a sign limited to "twenty (20) square feet in area" would not have the necessary visibility for motorists traveling 50 MPH. In such a case motorists would be tempted to either slow down, or to divert their attention for too long a time span, thus creating a potential traffic hazard. Additionally, visibility after dark would be severely limited by the requirement that the sign be lighted "by reflective flood -light type illumination." An internally illuminated sign provides better recognition and readability during the hours of darkness. The design of the sign proposed for this property (see attached rendering) calls for a 6'-6" X 81-0" internally illuminated, changeable letter sign mounted on a steel pole 14'-6" above finished grade. The steel pole extends to 23'-5" above finished grade and is wrapped by an aluminum cover that is approximately 5'-6" wide. The size, shape, and design of the sign is for adequate visibility and recognition without sacrificing a pleasing aesthetic or detracting from the roadscape. It should be noted that First Baptist Church owns forty (40) acres of property along Major Dr. The property in question is 6.75 acres located at the far southwest corner of the original 40 acres. Realistically the church would not expect to have "neighbors" within one thousand or 1,500 feet in either direction along Major or the proposed Folsom Road extension. VARIANCE SUPPLEMENTAL APPLICATION FORIVI BEAUMONT, TEXAS (CODES SEC7110N 30-37 W.) The Board of Adjustment has the power to grant variances where the following listed conditions have been met. Indicate how your application meets each of these conditions in the: space following each condition. Separate sheets may be attached. (The applicant has the burden of proof to demonstrate that all three of the conditions necessary for it variaum have been met). Except as otherwise prohibited, the Board 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: CONDMON A- That the granting of the variance will not be contrary to the public interest. The granting of this variance will not be contrary to the public interest in light of thesizeof the property owned by the applicant. The applicant holds title to forty (40) acres of property bounded by major Drive on,the west'and the proposed Folsom Road extension on the south. The potential of having residents locating near the property in question is negligible. Granting this request would actually foster public good. The size of the property requires a larger more visible sign. LQmMobt 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 qxcific piece of property in quebtiuri, "Uwjm;m5ary 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 owner's own actions. The literal enforcement of the ordinance would result in an unnecessary hardship considering the location of this property designated A-R. The property is on Major Drive; a four -lane road with a continuous left -turn lane, some eighty (80) feet in width, with a posted speed limit of fifty miles per hour (50 MPH). To enforce this ordinance in this particular, case would cause the applicant to erect a sign that would have little visibility and usefulness along this major thoroughfare. ME-I)MON That by granting the variance, the spirit of the ordinanct wffl be observed and substantial justice will be done. By granting this variance, the spirit of the ordinance will be observed and substantial justice will be done in that the proposed signage is proportional to the property in question, and it will not be an afront to residents of the area, or a detriment to the public interest. To deny this request denies the applicant the opportunity to promote his presence within the community he serves. I HEREBY ATIMST THAT, TO THE BEST OF MY KNOWLEDGE, MY.REQUEST MEETS TIM CONDMONS STATED A13OVE ' Applicant's signatur Date: (f— TOTAL P. 03 File 385-BA: A request for a variance to the sign regulations pertaining NORTH to a proposed owner identification sign in the A-R, (Agricultural -Residential) District. A& Location: 3810 N*-Major Dr. (FM 364) Applicant: First Baptist Church SCALE 111-2001 m I 1111111111111 mm* i UA"U"A"UU0, I Ll - - - - - - - - - - - - PROPOSED: EXTENSION OF: FOLSOM' CITY! LIMITS A N NBT08'237E — 1202.71' I II I II i IV FIRST BAPTIST CHURCH PROPERTY 40.00 ACRES I II Ili I II 43,920 SQUARE FOOT GROSS FLOOR AREA BUILDING WTH BRICK AND MEML SIDING AND METAL ROOF I II I II I II con t,,) ba, In a ic) I I Ltul fok XW� ..nlnnl.. ..... uLkAL-JA'j-LlLJAA_LUjJ.LL S87'01'56"W 1108.59' S87*01'56rW — 81.75' SITE PLAN SCALE: l' = 200'-0" J Ull-29-1996 13:28 STATE SIGN, CORP. 409 7359124 P.03/03 5 L-to�i 11 4- AL.4JOAINV^ e,#.9,j.,Wr W W* p. t:t' ',Ala Rukoqc wxp-b 9R, .FIRST BAPTIST LA------- I T- WMQTAMI PARTIE ALWAYs NEEDS jr Fnt-k 0�! lz;:nVwoh"om POVT-vp -0jr, w P n)- mm m 11--e MIUN, lwuW- pok'S 6am'Vnf- L-urrt RcVwAk.'- W—,rc t+ State SIGn COA"nnyilOn 19MUSIVI tKOPtAfT dt IIATIPOPartKP CO&AIKA! AfM 11 tool PA AMOMW 60 01VIW YAI"QUI M MMUPON ORANGE 'TEXAS P.O. BOX 190 ZIP 77030 V) (rw 409-833-4121 409.130-9124 FAX 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 - APPLICANT'S STATEMENT: The granting of this variance will not be contrary to the public interest in light of the size of the property owned by the applicant. The applicant holds title to forty (40) acres of property bounded by Major Drive on the west and the proposed Folsom Road extension on the south. The potential of having residents locating near the property in question is negligible. Granting this request would actually foster public good. The size of the property requires a larger more visible sign, CONDITION A - STAFF RESPONSE: The proposed sign is designed for the 6.75 acre elementary school site, not the 40 acre tract referred to by the applicant. The remainder of the property, a 33.25 acre tract, is undeveloped. The applicant's belief that future residential development near the church tract is "negligible" is highly speculative in light of the history of the development patterns for the west side of the city. When the FM 364 highway widening is completed and Folsom is extended west, there should be a spurt in new development similar to the residential, institutional, and commercial projects now underway along Major Drive to the south. This property lies in US Census Tract No. 3,01. The 1980 census for this area was 2,947 persons. In 1990, the tract's population had grown to 5,966. This is nearly a 50% increase. The A-R District permits single family development. The applicant's statements fail to show flow a sign larger and taller than allowed and illuminated in a manner not permitted would be in the best interest of the public. CONDITION B - APPLICANT'S STATEMENT: The literal enforcement of the ordinance would result in an unnecessary hardship considering the location of this property designated A-R. The property is on Major Drive; a four -lane road with a continuous left -turn lane, some eighty (80) feet in width, with a posted speed limit of fifty miles per hour (50 mph). To enforce this ordinance in this particular case would cause the applicant to erect a sign that would have little visibility and usefulness along this major thoroughfare.. CONDITION B - STAFF RESPONSE: The applicant states that he will suffer unnecessary hardship if the sign is required to comply with existing regulations. However, he offers little in the way of compelling reason to show the hardship, other than to state that there is a 50 mph speed limit and that a sign in compliance would have limited "visibility and usefulness". Condition B requires that the hardship be caused by exceptional narrowness, shallowness, shape of other physical condition "unique to the specific piece of property". The applicant was aware of the zoning of this property at the time of purchase and also upon receiving a specific use permit a year ago. The applicant has not demonstrated an unnecessary hardship. CONDITION C - APPLICANT'S STATEMENT: By granting this variance, the spirit of the ordinance will be observed and substantial justice will be done in that the proposed signage is proportional to the property in question, and it will not be an afront to residents of the area, or a detriment to the public interest. To deny this request denies the applicant the opportunity to promote his presence within the community he serves, CONDITION C - STAFF RESPONSE: The purpose of the sign ordinance is to allow property owners to help the public to identify and locate commercial businesses, offices, institutions and other land use locations. The ordinance was created by the City Council to regulate the number, size and locations of signs. Larger signs are permitted in commercially developed areas. The Comprehensive Plan shows this area as Growth Reserve and Neighborhood Growth Unit. Two signs are allowed by the ordinance. The school tract is easily recognized at the site. Denying this request does not deny the applicant "the opportunity to promote his presence within the community," GENERAL INFORMATION/PUBLIC UTILITIES APPLICANT: PROPERTY OWNER: EXISTING ZONING: PROPERTY SIZE: First Baptist Church First Baptist Church 3810 N. Major Drive A-R (Agricultural -Residential) District 6.75 acres GENERAL INFORMATION/PUBLIC UTILITIES CONTINUED EXISTING LAND USES FLOOD HAZARD ZONE: SURROUNDING LAND USES Elementary School "C" Minimal Flood Hazard Zone SURROUNDING ZONING: NORTHNacant A-R (Agricultural -Residential) EAST: Vacant A-R SOUTH: Vacant, proposed extension of olsom Drive A -It WESTNacant A-R COMPREHENSIVE PLAN: Growth Reserve OTHER PHYSICAL FEATURES: None STREETS: Folsom - Arterial street to be extended in the future from its present dead-end at Dowlen, according to the Major Street and Highway Plan, North Major jor Drive (FM 364) - a major arterial to be widened in the near future from a 60' right-of-way to a 120' right-of-way. Pavement is now 20'. A four -lane highway with a continous left turn lane is planned. DRAINAGE: There is a DD #6 ditch lying along future Folsom right-of-way, Open ditches along Major. WATER: There is a 16" water line in Major. SANITARY SEWER SERVICE: There is an 8" sanitary sewer in Major. FIRE PROTECTION: Fire protection is provided by Station #8 and #9, (Hwy. 105 @ Lampman and 7010 Gladys). ADEQUACY OF SERVICE: Services and utilities are adequate.