HomeMy WebLinkAbout384-BADATE: August 1, 1996
TO: Board of Adjustment
FROM: Stephen C. Richardson, Planning Director
SUBJECT: Request for three variances to the landscaping and screening requirements of
Section 30-31 and a variance to the sign regulations for the UC (Urban
Corridor) District, Section 30-23.
Variance request #1: Ten foot wide landscape buffer along the south property line.
The Planning Director recommends approval. The applicant has satisfied the
requirements of conditions A, B and C.
Variance request
uest #2: Use of six feet of street right-of-way for required landscape
edge. The Planning Director recommends approval. The applicant has satisfied the
requirements of conditions A, B and C.
Variance request #3: Spacing of trees along required landscape edge. The Planning
Director recommends approval. The applicant has satisfied the requirements of
conditions A, B and C.
Variance request #4: To increase square footage of owner identification sign from
60 square feet to 150 square feet. The Planning Director recommends denial of this
variance. The applicant has not demonstrated compliance with conditions A, B or
C.
Speedy Stop Stores, Inc., is planning to build a convenience store with gas pumps at
the southwest corner of the intersection of M.L.K. Parkway and Washington
Boulevard. M.L.K. Parkway is overlayed with Urban Corridor regulations that extend
200 feet from the street right-of-way between IH-10 E. and Cardinal Drive. Owner
identification signs in the GC -MD district that lie within the UC may not exceed sixty
(60) square feet in area and may not exceed twenty (20) feet in height. The
applicant proposes a 20' tall sign with a total sign face area of 150 square feet.
The applicant wishes to use up to six feet of the abutting street right-of-way for the
required landscaping edge. The ordinance (Section 30-31) allows the use of up to
three feet of the right-of-way for landscaping if the right-of-way is available for use.
The applicant also requests a variance that will allow him to place the nine required
STAFF REPORT continued
six foot tall trees along the landscape edge (six foot wide buffer strip abutting all
streets) in certain selected places on the property within the edge, but not at the
strict one tree per 25 lineal feet as required by the ordinance.
The final variance requested is that the requirement for a 10' wide landscaped and
treed buffer strip along the rear of the property be waived. Lots south of this line
are zoned RS (Residential Single Family Dwelling). The applicant's tract is zoned
GC -MD (General Commercial -Multiple Family Dwelling). The applicant has agreed
to erecting the eight foot tall solid screening fence along his south property line as
required.
Exhibits and copies of Section 30-31 and 30-23 are attached.
Notices Mailed to Property Owners: 1.8
Responses in Favor: Responses in Opposition:
r ♦ f ' /9
r ' FILE 384-BA• Request for variances to the landscaping & screen-
ing requirements of 'Sec 30-31 & to the UC Overlay`District sign NORTHI b ! /' ! '•
regulations of Sec 30-23 !
LOCATION: 501 Washington Blvd. +�
APPLICANT: Speedy Stop Food Stores, Ltd. 8
1/200
/o a /e a ° ` ,g, / � I B' 4 ♦r I r I I ,� � �; _
39
♦ ( J
� �-� ♦ ;� Ito
0 M! s s s a s ��. • • ( f 1
.a +n L r f ♦1 01 V-1 m —
LEE; A.
�r LEE; AVE:`♦ � 4
t, 7Frr
s y-
♦
%7 J W •
• f
r s /
AD
♦ + SUB C ova
1
.rON 81.VD.
^^ 4 9► B1I 7 `
» rs r4
rt
i to rr `
♦ N r! a
� rI
n r� ri
f M " • �
Bi 84 t! Bt BI , S `
t1 »
reucOW AVE, It 3
u ,�
ro rr : oil z n
~ e rf 4/'4 aoa_>fit
` r ,
/f !B
ri 40 M Ir ` I
tB
tC q /® a t/ I
r I�
4
` ' ---�•
THOMAS ENTERPRISES A.H. Dwyer, Jr. Financa Manager
A WoUp Of offitUrted cwporatkmw StW ft" PartlWohips imhxih1g; Accounting Centef. P.0, Box 1876
C.L. Ttmm, Inc ............................. ... _ ........ —AdministraM Urvicas Vkiotia, TX 77902.1876
SP490 STOP Food stores ... _ ............ .... Comenier" St" 19701 U.B.HW WOW
Y
Thomas peV*urn. .......................... ........... Fus4s, Lubricants and Chemic4W Teo 512J573.715
Nr~ Construction....................................Construction and Development Fax 5121573.1
July 15, 1996 ILZE_*MV�!D
Board of Adjustments
City of Beaumont
Planning Division, Room 210 J1 1! 5 FLo�)Q
P. 0. Box 3827
Beaumont, Texas 77704 -
lnnn
Re; Variance Requests for proposed speedy Stop at MLK Parkway and
Washington Blvd.
Dear Board Members:
We respectfully request four each variances or clarifications to the
Urban Corridor Overlay District and City of Beaumont ordinance restrictions
as follows!
The first three variances are in Section 30-31 Landscaping and
Screening Requirements as follows:
1) RCgimeter Landgr-apina and 5greeni The request for a
en -foot width of landscaping open -space buffer strip
should not be applicable as the subject property is
adjacent to property to the south which has four vacant
lots, If these lots were to be purchased, they could
easily be used for commercial use as there is currently
property adjacent to the vacant area which is used
commercially. There currently is no fence and the 81 high
fence which will be constructed will be of great benefit.
2) off-str
(a) Our property does not have a parking lot that faces
toward the public right-of-way. The only parking
area is that which immediately faces our store.
The rest of the area is used for entrances, exits,
and fuel pump access drives. There are no parking
spaces or parking areas which face the street. We
are currently anticipating landscaping in excess of
that required in the amount of approximately 200
square feet riot addressed in the ordinance
requests, which more than adequately meets the
spirit of the ordinance requirements.
(b) six feet (61) of city right-of-way is requested in
lieu of the three foot (31) allowance since the
shape of this particular location does not give
adequate spacing necessary to conform to these
guidelines.
Board of Adjustments
City of Beaumont
July 15, 1996
Page 2.
3) As you will note in the site plan, our property is an
irregularly -shaped piece of property which fronts MLK
Parkway and Washington. This property is narrow, being
147' wide. With the anticipated needed entrances and
exits, additional islands would prohibit adequate
circulation of customer flow. For this reason, we
request a variance in the requirement that one (1) tree
shall be planted and maintained for each twenty-five (25)
lineal feet or portion thereof of said open space buffer
strip. As noted on our proposed plan, we will be
planting 9 trees which would meet the required number of
trees per square footage.
4) The fourth variance is in Section 30-23 with regard to
Signage as follows:
a) Signage. Again, as noted in item one (1) above,
this property could easily be used as commercially
zoned property.
Please note that while we are permitted a sign for
each street thoroughfare, we are only going to use
one sign. If we are required to limit the square
footage to sixty (60) square feet, we will be at a
great competitive disadvantage to all other
convenience stores and services stations on the MLK
Parkway and Washington Blvd. locations in the
immediate area. We request two (2) signs on one
set of posts totaling 70 square feet and 80 square
feet equaling 150 square fee. See sketch on plans.
b) The Exxon sign is a standardized sign size for ease
of recognition.
Sincerely,
SPEEDY STOP FOOD STORES, LTD.
By Speedy Stop Management, Inc.
Its Managing General Partner
J� y "
Frank a. Hurta
Authorized Agent
FJH/dlf
Att.
IN
PROPERTY LINE
SHADED AREA -0 BE LANDSCAPED
AS PER SEC.,90-51. (C) 5- OF THE
BEAUMONT, ZONING ORDINANCE.
F
;;� �tw W, t. (0) S. or Two
,-, -
veAoAoW"*N*
2.L
4
0
Myn/"%
61'.0.
SHADED AREA TO BE LANDSCAPED AS
PER SEC,50-25. (F) 4) C) 4) OF THE
BEAVMONT, ZONING ORDINANCE!
("LANDSCAPED" AS DErINEP_ON-
P6, 8 OF ZONING ORDINANCE ) -,
ka
I Fa- I , ®I
W., I hl mill
--- 1A
BLD6. 2,q8cl 50. FT.
2
95'HIC51-1 WOODED PRIVACY FENCE
FENCE TO BE IN ACCORDANCE WITH 51!C.50-51.(3) I
OF THE BEAJ)MONT, ZONING ORDINANCE.
I
w
VARIANCE SUPPLEMENTAL APPLICATION FORM
BEAUMONT, TEXAS
(CODES SECTION 30-37 E3.)
Variance # 1: 10' Buffer
The Board of Adjustment halt he 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 a variance have been met).
Except as otherwise prohibited, the Board is empowered to atithorizo a variance from a requirement of the Zoning
Ordinance when the Board finds that all of the following conditions have been met,
�DITION Aw- That the granting of the variance will not be contrary to the public interest.
1. There is commercial property fronting on MLK Parkway to the South of our property.
2. The residential zone is actually fronting on EUCLID STREET.
3. Lots 13,14, 15, and 16 are vacant at this time and no residential structure fronts oil MLK Parkway.
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 or property in question. "Unnecessary hardship" shall
mean physical hardship relating to the property itqelf 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,
I This lot is only 147' wide and to take in 101 of buffer zone would restrict our ability to flow the
customer's vehicles in a safe and orderly manner.
2. This lot is very irregularly shaped and does not allow much room for variations in location
layout.
MVIMON-C That by granting the variance, the spirit of the ordinance will be observed and
substantial justice will be done.
1. 8' Fence will be constructed.
2. Will have +/- 3' buffer as shown on plans and more than 10' at the building,
I HEREBY ATTEST THAT, TO THE BEST OF MY KNOWLEDGE, MY REQUEST MEETS THE
CONDITIONS STATED ABOVE.
Applicant's signatilre:—J--l" Date: 77/5 6?6
VARIANCE SUPPLEMENTAL APPLICATION FORM
BEAUMONT, TEXAS
(CODES SHCTION 30-37 133)
Variance #2-. Use of 6' of City Right -of -Way
The Board of Adjustment hast he 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 a variance have been met).
Except as otherwise prohibited, die Board is empowered to authori7e a variance from a requirement of the Zoning
Ordinance when the Board finds that all of the following conditions have been met.
CQNDIIIQN A: That the granting of the variance will not be contrary to the public interest.
1. The City of Beaumont and Doti Burrell has previously reviewed whether we could set the B.O.C.
on the property line and has told me it would be acceptable.
QQN—L)ITION I That literal enforcement of the ordinance will result in unnecessary hardship because
of exceptional narrowness, shallowness, shape, topography or other extraordinary or exceptional physical
siftiation 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 owners own actions.
I . The odd shape of this property necessitates the additional 3' of buffer from the right-of-way.
2. Tanker trucks bringing fuel to this location need this additional space so as not to jump the curb
and create an eyesore with tracks an landscaped areas.
CONDITION C; That by granting the variance, the spirit of the ordinance will be observed and
substantial justice will be done.
11 We will be maintaining this strip as well as the balance of the right-of-way property fronting our
property and up to the back of the street curb.
I HEREBY ATTEST THAT, TO THE BEST OF MY KNOWLED0E, MY REQUEST MEETS THE
CONDITIONS STATED ABOVE,
Applicant's signaturc;--21-1t" Date;
VARIANCE SUPPLEMENTAL APPLICATION FORM
BEAUMONT, TEXAS
(CODES SECTION 30-37 E3.)
Variance #3: Tree spacing
The Board of Adjustment hast he 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 a variance have been met).
Except as otherwise prol6bited, 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,
MIDITION A: That die granting of the variance will not be contrary to the public interest.
I The total frontage on Washington & MLK added up and divided by 25 equals 9 trees as per
ordinance requirements,
2. We request spacing these 9 trees in a manner so as not to block the view of our store and the sign
when the trees reach maturity.
CQN ITION Bo That literal enforccment 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
rnean 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.
1. The shape of the lot has necessitated that we move the back of the curb to the property line at
65' of our frontage as shown on our site plan.
2. We, as the owner, and you, as the City, does not want nor do you allow trees to be planted on
street right-of-ways.
CONDITIQN C: That by granting the variance, the spirit of the ordinance will be observed and
substantial justice will be done.
I The correct quantity of trees is not an issue but the spacing of the trees at 251 intervals is not
feasible when accounting for entraces, exits and fuel pump access drives.
I HEREBY ATTEST THAT, TO THE BEST OF MY KNOWLEDGE, MY REQUEST MEETS THE
CONDITIONS STATED ABOVE,
Date: 7
Applicant's signature:—',.
VARIANCE SUPPLEMENTAL APPLICATION FORM
BEAUMONT, TEXAS
(CODES SECTION 30-37 P.3.)
Variance #4: Sign Square Footage
The Board of Adjustment bast he power to grant variances where the following listed conditions have been mot,
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 a variance have been met).
Except as otlien%ise 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.
CONQUION A: That the granting of the variance will not be contrary to the public interest,
1. All of our existing stores all have the same size sips which is what we are specifying for this project.
2. This is a standard Exxon specification.
CQh1al1lQN I 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 owner's okNm actions.
I The sin of the sign and size of the letters are important to our customer traffic flow and any size
smaller would have an impact on the financial viability of this investment.
2. We are investing +/- 1.5 million dollars and do not want to risk a failure at this location due to a
reduced sign size.
COND1110-L- That by granting the variance, the spirit of the ordinance will be observed mid
substantial justice will be done.
We do not intend to install another sign on the Washington Boulevard thoroughfare due to the
number of existing trees so we would request additional square footage on the MLK
thoroughfare.
I HEREBY ATTEST THAT, TO THE BEST OF MY KNOWLEDGE, MY REQUEST MEETS THE
CONDITIONS STATED ABOVE.
Applicant's signature` Date: 7-
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
The applicant has formally requested four variances. Three are concerned with
landscaping and screening requirements for commercial property as regulated by
Section 30-31, City Codes (zoning ordinance). The fourth variance is to the sign
regulations recently adopted for Urban Corridors (UC), M.L.K. Parkway specifically,
as described and regulated in Section 30-23 (October 1993).
For the information of the Board, modifications and even elimination of landscaping
and screening requirements are allowed as conditions - if justified - by the City
Council as a part of an application for a specific use permit. However, the proposed
convenience store is not required to apply for a specific use permit because the store
is a permitted use. Only the Board may provide relief in this case.
The applicant has enumerated his requests as #1, #2, #3 and #4. Number 1 relates
to the 10' wide landscape buffer which is required, along with an 8' privacy fence,
between commercial development and residentially zoned property. The applicant
wishes to delete the 10' wide buffer. Number 2 deals with the landscape edge or
buffer and the section that allows up to three feet of the buffer to exist inside the
abutting street right-of-way. The applicant wants to install the entire six foot wide
edge inside the right-of-way. Number three addresses the location and spacing of the
nine required six foot tall trees that must be planted along the edge. The applicant
wishes to space the trees so that views of the store will not be blocked when the trees
mature.
ANALYSIS continued
Variance No. 4 is a request to increase the square footage of an allowed owner
identification sign from 60 square feet to 150 square feet. The 20 foot height of the
proposed sign is not in contention. Identification signs in the GC -MD district outside
the UC are allowed to reach a height of 50' and are not restricted in any way
concerning area or square footage.
Variance Request No. 1
Condition : This request is in the public interest. The previous Highland Avenue
dead -ends just south of M.L.K. and is barricaded a few feet north of Euclid adjacent
to Lot 14. Lots 14, 15 and 16 facing Euclid are vacant and lie across the street from
a business which sells insecticide chemicals. The applicant proposes an 8' tall fence
along his south property line. Subject property was the site of a service station for
many years prior to the construction of the M.L.K. Parkway and prior to the
construction of the Irving underpass. Irving abuts Block 2 of the Arlington Addition
on the west.
Condition B: The overall tract does have an irregular shape due to the right-of-way
takings for M.L.K. Parkway.
Condition C: By granting the variance just will be done. The store and parking lot
will be screened from view by the eight foot tall fence.
Variance Request No. 2
Condition A: City staff, including the office personnel of the Traffic Engineer have
reviewed the proposed site plan for the new store. There are no objections to the
applicant using six feet of the right-of-way to accommodate the required six foot wide
landscape edge. The landscaping as proposed on the site plan will not interfere with
traffic. This request is in the public interest.
Condition B: The tract has an irregular shape. The proposed 2,989 square foot store
and the planned eight gas pump islands pose a hardship in design and planned auto
and truck access due to lack of space.
Condition C: Justice will be done by allowing the applicant three additional feet for
his parking lot area. The six foot wide landscape edge will lie in six feet of unused
street right-of-way.
Variance Request No. 3
Condition A: The request will allow the applicant to place his trees inside the six
foot wide landscape edge in a way that will be more advantageous to the store. He
is required to plant a minimum of nine trees within the strip. He is not asking to
reduce the required number of trees or to reduce the total amount of landscaping
abutting M.L.K. and Washington. This is in the public interest.
Condition B: The tract has an irregular shape, forcing a certain building orientation
to accommodate a modern convenience store and gas pump configuration. The
applicant states that he will try to plant all or most of the nine trees on private
property and not in the right-of-way.
Condition C: By granting the variance to allow owner specified spacing of the
required trees, the spirit of the ordinance will be met and justice will be done. All
of the trees will still lie within and along the buffer edge abutting the two streets.
Variance No. 4
Condition : Ordinance 93-62, passed by City Council in October, 1993, was created
by City staff, the M.L.K. Parkway Commission, the Planning Commission and City
Council. Public hearings and workshops were conducted so that the scope and
intentions of the Urban Corridor would be clear to all. Citizen participation and
property owners input was encouraged. The M.L.K. Parkway is now almost complete
from IH•10 E. South through the city to Cardinal Drive. The UC ordinance deals
with landscaping and signage. An increase from the regulated maximum square
footage for an owner identification sign from 60 square feet to 150 square feet is not
in the public interest.
Condition B: The applicant has not presented any evidence to demonstrate that a
sign constructed in compliance with the ordinance will place an unnecessary hardship
upon the store owners. The ordinance was adopted in order to preserve the scenic
views along the parkway. This is done by limiting the size and height of signs and by
requiring landscaping. The applicant was aware of the current regulations when the
property was acquired. The applicant has not demonstrated compliance with
Condition B.
Condition C: The general purpose and description of the UC (Urban Corridor
Overlay District) reads as follows: "The UC, Urban Corridor Overlay District, in
general is intended to preserve and improve the physical environment along Martin
Luther King Parkway; promote the public safety, welfare, convenience and enjoyment
of travel and the free flow of traffic along this corridor, ensure that signage provides
the essential identity of facilities along this roadway; and prevent needless clutter in
appearance along this corridor." The applicant's request does not satisfy the
requirements of Condition C. Granting the variance will violate the intent and spirit
of the new ordinance.
APPLICANT: Speedy Stop Food Stores, Ltd. by Frank J. Hurta
PROPERTY OWNER: Retail Property Partners, Ltd.
STATUS OF APPLICANT: Authorized agent for managing general partner,
Speedy Stop Management, Inc.
LOCATION: 501 Washington Boulevard at M.L.K. Parkway
LEGAL DESCRIPTION: Lots 7, 8, part of 9 and 10 and east 1/2 of Lot 6,
and half of the abandoned 15'wide abutting alley,
Block 2, Arlington Addition, D. Brown Survey,
Beaumont, Jefferson County, Texas.
EXISTING ZONING: GC -MD (General Commercial -Multiple Family
Dwelling) District
FLOOD HAZARD ZONE: X C (Minimal)
B (Moderate)
A (100 year)
Floodway
SIZE OF PROPERTY: 0.6059 acres
EXISTING LAND USES: Vacant commercial tract (previous site of a
service station).
SURROUNDING USES: SURROUNDING ZONING:
NORTH: M.L.K., Washington Blvd., GC -MD (General Commercial -Multiple Family Dwelling) District
Jack -in -the Box
EAST- M.L.K., industrial tracts, Li (Light Industrial)
railroad right-of-way
SOUTH: Vacant lots and residences RS (Residential Single Family Dwelling) and GC -MD
and commercial
WEST: Residences, tax office GC -MD
COMPREHENSIVE PLAN: Conservation and Revitalization
OTHER PHYSICAL
FEATURES: None
GENERAL INFORMATION/PUBLIC UTILITIES continued
STREETS: M.L.K. Parkway is a 120'wide right-of-way and is
a multiple laned concrete paved major arterial.
Washington Boulevard is a 100'wide right-of-way
with a SS' wide concrete pavement. Washington
is also a major arterial.
DRAINAGE: There are storm sewers in the rights -of -way of
each abutting street.
WATER: Water lines exist in Washington and M.L.K.
Parkway.
SANITARY SEWER
SERVICE: There is sanitary sewer service in the abandoned
alley, Washington and M.L.K. Parkway.
FIRE PROTECTION: Fire protection is provided by Station #3,
Kenneth and Brockman.
ADEQUACY
OF SERVICE: Services and utilities are adequate.
MM31=1
Sec. 30-31. Landscaping and screening Requirements.
(a) Purpose: The provisions of this section for
the installation and -maintenance of
landscaping and screening are intended to
protect the character and stability of
residential, commercial, institutional and
industrial areas, to conserve the value of
land and buildings of surrounding properties
and neighborhoods, and to enhance the
aesthetic and visual image of the community.
(b) Perimeter Landscapincr and Screenincr:
1. When a commercial or industrial use is
established on a lot or premises located
adjacent to any residential zoning
district, or when any multiple -family
dwelling use is established on a lot or
premises adjacent to any property located
in a single-family residential zoning
district, a ten -foot width of landscaping
open -space buffer strip shall be
installed and maintained by the owner,
developer or operator of the commercial
or industrial property between it and the
adjacent residentially zoned property.
In addition, aneight-foot high ..opaque
fence or wall shall be erected and
maintained along the property line to
provide visual screening. The fence or
wall shall be a wood or masonry diagonal,
horizontal or vertical stockade type
privacy fence, although the framing may
be metal. In lieu of the fence, a
thirty-foot wide landscaped buffer may be
provided along the property line. The
provisions of this paragraph shall not
apply where districts are separated by a
public street, railroad right-of-way,
drainage ditch or canal with a minimum
easement of thirty (30) feet.
W
2. In an open space buffer strip required
under the terms of this section, not less
than one (1) tree shall be planted and
maintained for each twenty --five (25)
lineal feet or portion thereof of said
open space buffer strip. For a thirty
(30) foot wide landscaped buffer, one (1)
tree shall be planted and maintained for
each two hundred fifty (250) square feet
of landscaped buffer. Each tree shall be
not less than six (6) feet in height
immediately upon planting and shall have
a caliper of not less than two (2) inches
at ground level.
3. When a Specific Use *Permit is required,,
the landscape buffering and fencing
required by Section 30-31(B) may be
modified or eliminated as a condition of
a Specific Use Permit.
(c) Off -Street Parking Landsca inq:
1. The owner, tenant, and/or agent of an
off-street parking area for any use shall
be required to provide minimum total
landscaped open spaces equal to not less
than two hundred (200) square feet for
parking lots less than or equal to four
thousand (4000) square feet in area, not
less than five percent (5%) landscaped
open spaces for parking lots greater than
four thousand (4000) square feet and up
to seventy-five (75) vehicles, not less
than seven and one-half percent-, (7.5%)
landscaped open spaces for parking lots
of seventy-six (76) vehicles to one
hundred fifty (150) vehicles, and not
less than ten percent (10%) landscaped
open spaces for parking lots greater than
one hundred fifty (150) vehicles. The
parking area shall be based on the total
area of all the parking spaces and drives
in and serving the parking area. A
landscaped open space shall be no less
than six (6) feet wide and shall be
located within the parking lot as an
island or as a peninsula in order to be
applied towards the landscape
ZZ17
requirements of this section.
2. A minimum of one (1) tree shall be
planted and maintained for each two -
hundred and fifty (250) square feet or
portion thereof of landscaped open space
area. Such trees shall be'a minimum of
six (6) feet in height immediately upon
planting and have a two (2) inch caliber
measured eighteen (18) inches from the
ground. No parking space shall be
located further than one hundred (100)
feet from the trunk of any tree within a
landscaped open space. Credit may be
received for preservation of existing
trees as follows: for each existing tree
between two (2) to four (4) inches in
caliber, a tree credit of one (1) for one
(1) is allowed; for each existing tree
between four (4) and twelve (12) inches
in caliber, a tree credit of two (2) for
one (1) is allowed, and for each existing
tree over twelve (12) inches in caliber,
a tree credit of three (3) for one (1) is
allowed.
3. A landscaping edge or buffer shall be
required along each side of a parking lot
that faces towards a public right-of-way.
The landscaping edge shall be for the
parking lot's entire length. The
landscaping edge shall be no less than
six (6) feet wide and may use up to three
(3) feet of the public right-of-way, if
unused and available at time of
permitting. The landscaping edge shall
contain no less than one (1) tree for
each twenty-five (25) lineal feet or
fraction thereof of the edge. Each tree
shall be either an existing tree or a new
tree at least six (6) feet in height and
two (2) inches in caliber measured
eighteen (18) inches from the ground. A
screen no less than three (3) feet high
comprised of a wall, solid fence, berm,
or plant material shall be provided along
the entire length of the. landscaping
edge, if any part of the landscaping edge
is within ten (10) feet of the right-of-
EAN
way line. The three (3) foot high screen
shall not be on the right-of-way and
shall not be required across driveways,
within three (3) feet of a driveway or
restrict a driver's line of sight of
approaching vehicles as determined by the
City Traffic Engineer.
4. An increase in the size of an existing
parking lot by twenty-five percent (25%)
in the number of parking spaces or more
shall require the entire parking lot, in
addition to the twenty-five percent (25%)
expansion, to be brought into compliance
with this section (c).
(d) Landscapinct-Bonus Provisions:
1. The required minimum front yard for
development in GC -MD Districts and for
multi -family housing in RM-M and RM-H
Districts shall be reduced to fifteen
(15) feet when a landscaped open space
strip is provided on both the first ten
(10) feet of the required front yard and
the property located between the paved or
curbed portion or sidewalk of the
adjacent street right-of-way and the
front yard property line.
The landscaping strip shall not be used
for parking but can be crossed with
driveways providing direct ingress and
egress to the development that have been
approved by the Planning Director or his
designate.
2. A density bonus in excess of the maximum
permitted density shall be permitted in
RM-M and RM-H Districts when a ten (10)
foot landscaped open space buffer strip
is provided between multi -family
development and all single-family zoned
property. The density bonus shall be
calculated as follows:
a. In RM-M Districts an additional one
(1) dwelling unit shall be permitted
for each one -hundred (100) lineal
82
feet or fraction in excess of fifty
(50) lineal feet of qualifying
landscaped buffer strip.
b. In RM-H Districts an additional two
(2) dwelling units shall be
permitted for each one -hundred (100)
lineal feet or fraction in excess of
fifty (50) lineal feet of qualifying
landscaped buffer strip.
(e) Installation and Maintenance; The owner,
tenant and agent, if any, shall be jointly and
severally responsible for installing and
maintaining all landscaping in a healthy,
neat, and orderly condition, and replacing it
when necessary.
(f) Curbing: Curbing or other protective devices
or barrier shall be installed to protect
landscaped open space buffer strips from
vehicular encroachment. No automobile or
other type of vehicle shall be driven on any
landscaped open space buffer strip required by
this section.
83
4�_
'F71LI-7- '.384A3A,
ORDINANCE NO. -9,3
Section 1.
That Chapter 30, Section 30-23 of the Code of Ordinances of the City of Beaumont
is hereby amended to read as follows:
sty PAGE !;-
See. 30.23. UC, Urban Corridor Overlay District Regulations.
(a) General Purpose and Description: The UC, Urban Corridor Overlay District,
in general is intended to preserve and improve the physical environment along
Martin Luther King Parkway; promote the public safety, welfare, convenience
and enjoyment of travel and the free flow of traffic along this corridor; ensure
that signage provides the essential identity of facilities along this roadway; and
prevent needless clutter in appearance along this corridor.
This district supplements the regulations of the underlying zoning district
classifications. The Z6ning Map shall reflect the designation of an Urban
Corridor Overlay District by the letters "UC" as a suffix to the 'underlying
zoning district classifications.
(b) Definitions: Unless the context clearly indicates otherwise, in this Ordinance:
1. SIGN, ATTACHED shall mean a sign which is attached to or painted
on the outside face of a building. An attached sign is also erected
parallel to the face of the building, supported by the building and does
not extend more than eighteen (18) inches from the face of the
building wall or above the roof line of the building to which the sign is
affixed.
2. SIGN, DETACHED shall mean a sign which is wholly supported by one or
more columns, uprights or braces in the ground and has no support to a
building, canopy or facade.
3. SIGN, FENCE shall mean a sign attached or affixed to any type of fence.
4. SIGN, MOBILE shall mean a business sign used to advertise an establishment
or services which are on or affixed to trucks, automobiles, trailers or other
vehicles used primarily to support or display such signs while parked.
5. SIGN, MOVING shall mean -a sign which in whole, or part, does not remain
stationary at all times, regardless of the power source which affects movement.
(c) Permitted Uses: The permitted uses in the UC, Urban Corridor Overlay
District, shall be determined by the underlying zoning district classification.
(d) Boundaries: The boundaries of the Urban Corridor Overlay District shall
extend a distance of two hundred (200) feet from the street right of way of
Martin Luther King Parkway from I-10 East to Cardinal Drive.
(e) Area and Height Regulations: The area and height regulations shall be
determined by the underlying zoning district classification.
(f) Sign Regglations: Signs shall not be permitted within an Urban Corridor
Overlay District except as specifically authorized in this section.
1. Permit Requirements. No sign, unless herein excepted, shall be located,
constructed, erected, altered, posted, attached or painted until a building
permit has been approved by the Chief Building Inspector in accordance with
the requirements of this chapter and the Standard Building Code.
2. Prohibited Signs. The following types of signs are prohibited in this urban
corridor overlay district:
a) Off Premise Advertising Signs
b) Mobile Signs
c) Moving Signs
d) Portable Signs - For the purpose of this section, trailer signs and signs on
benches are considered to be portable signs.
e) Fence Signs
f) Banners, except for grand opening signs
0
3. Signs in Residential - UC Districts: Signs shall not be permitted in urban
corridor overlay residential districts except as specifically authorized in this
section.
a) One (1) detached identification sign may be constructed to identify a single
family residential development of ten (10)acres or more. Such signs will be
subject to the following conditions and restrictions:
1) Building wall sips will be prohibited.
2) The sip must be for permanent identification of a subdivision.
3) The sign shall not exceed twenty (20) square feet in area.
4) The sign shall not exceed a height of five (5) feet above the ground.
5) The sign shall not be illuminated except by reflective flood light type
illumination. There shall not be any flashing or intermittent lights.
6) The sip shall be placed within a landscaped setting containing not less
than 120 square feet.
7) All parts of the sip shall be located a minimum of fifteen (15) feet
from the property line.
8) The sign shall meet the wind load requirements of the Building Code.
b) One (1) detached owner- identification sign shall be permitted for a multiple
family development, non-residential, or institutional building for each abutting
street, subject to the following conditions and restrictions:
1) The sign shall not exceed twenty (20) square feet in area.
2) The sign shall not exceed five (5) feet in height.
3) The sign shall not be lighted except by reflective flood -light type
illumination. There shall not be any flashing or intermittent lights.
4) All parts of the sign shall be located a minimum of twenty-five (25)
feet from the property line.
5) The sign shall meet the wind load requirements of the Building Code.
6) The sign shall be placed in a landscaped setting of not less than 120
square feet.
c) One (1) attached owner -identification sign per multiple- family dwelling
development or institutional building shall be permitted for each street
abutting the development subject to the following conditions and restrictions:
1) The sign shall be attached to or painted on the outside face of the
building.
2) The attached sign shall be erected parallel to the face of the building,
supported by the building and shall not extend more than eighteen (18)
inches from the face of the building wall.
3) The sign shall not exceed the height of the wall of the building to
9
which it is attached.
4) The sign shall not be lighted except by reflective flood light type
illumination. There shall not be any flashing or intermittent lights.
5) No sign shall exceed 10 percent of the area of the wall to which it is
attached, or 150 square feet, whichever is less.
d) One (1) detached owner -identification sign shall be permitted for each
commercial use with a Specific Use Permit in the RCR, Residential
Conservation and Revitalization District, subject to the following conditions
and restrictions:
1) The sign is included in the site plan approved in the Specific Use
Permit.
2) The sign shall not exceed twenty-five (25) square feet in area.
3) The sign shall not exceed fifteen (15) feet in height.
4) The sign shall not have any flashing lights, intermittent illumination nor
revolve nor rotate in any manner.
5) All parts of the sign shall be set back at least fifteen (15) feet from any
property line.
6) The sign shall meet the wind load requirements set forth in the
Building Code.
7) The sign shall be placed in a landscaped setting of not less than 120
square feet.
e) One (1) attached owner- identification sign shall be permitted for each
commercial use in the RCR, Residential Conservation and Revitalization
District, for each street abutting the lot upon which the use is located, subject
to the following conditions and restrictions:
1) The sign shall be attached to or painted on the outside face of the
building.
2) The attached sign shall be erected parallel to the face of the building,
supported by the building and shall not extend more than eighteen (18)
inches from the face of the building wall.
3) The sign shall not exceed the height of the wall of the building to
which it is attached.
4) The sign shall not exceed 10 percent of the area of the wall to which
it is attached or 150 square feet, whichever is less.
5) The sign shall not have flashing lights or any type of intermittent
illumination.
4. Signs in Commercial and Industrial - UC Districts:
4
a) One (1) detached owner identification sign, and one (1) additional detached
sign for each thoroughfare more than one (1) that abuts the property, shall be
permitted in the NC, Neighborhood Commercial District, and OP, Office Park
District for each commercial or office park establishment subject to the
following conditions and restrictions:
1) The sign shall not exceed twenty-five (25) square feet in area.
2) The sign shall not exceed fifteen (15) feet in height.
3) No portion of the sign shall have flashinglights, intermittent
illumination, nor shall it revolve nor rotate in any manner.
4) The sign shall not be located in any required yard.
5) The sign shall meet the wind load requirements of the building code.
6) The sign shall be placed in a landscaped setting of not less than 120
square feet.
b) One (1) attached owner - identification sign and one (1) additional attached
sign for each thoroughfare more than one (1) that abuts the property, shall be
permitted in the NC, Neighborhood Commercial District, and OP, Office Park
District for each commercial or office park establishment subject to the
following conditions and restrictions:
1) The sign shall be attached to or painted on the outside face of the
building.
2) The attached sign shall be erected parallel to the face of the building,
supported by the building and shall not wend more than eighteen (18)
inches from the face of the building wall.
3) The sign shall not exceed the height of the wall of the building to
which it is attached.
4) The sign shall not exceed 10 percent of the area of the wall to which
it is attached or 150 square feet, whichever is less.
5) The sign shall not have flashing lights or any type of intermittent
illumination.
c) One (1) detached owner- identification sign, and one (1) additional detached
sign for each thoroughfare more than one (1) that abuts the property, shall be
permitted per establishment, located in the NSC, CSC, GC -MD, CM, LI and
W�
HI district subject to the following conditions and restrictions:
1) The sign shall not be greater than twenty (20) feet in height - the
maximum height being measured from the point established by a
perpendicular line connecting the crown of the roadway immediately
abutting the property on which the sign is to be installed with the sign's
nearest vertical support to the property line.
2) The sign shall not exceed sixty (60) square feet in area.
5
3) All parts of the sign shall be set back at least ten (10) feet from any
property line or street right-of-way. Where a structure existing at the
effective date of this section precludes locating a sign in compliance
with the setback regulations, . the Board of Adjustment shall be
authorized to grant a variance to the setback requirement.
4) The sign shall be placed in a landscaped setting of not less than 150
square feet.
5) The sign shall not have flashing lights or any type of intermittent
illumination.
d) One (1) attached owner -identification sign, and one (1) additional attached
sign for each thoroughfare more than one (1) that abuts the property shall be
permitted per establishment in the NSC, CSC, GC -MD, CM, LI And HI
district subject to the following conditions and restrictions:
1) The sign shall be attached to or painted on the outside face of the
building.
2) The attached sign shall be erected parallel to the face of the building,
supported by the building and shall not extend more than eighteen (18)
inches from the face of the building wall.
3) The sign shall not exceed the height of the wall of the building to
which it is attached.
4) The sign shall not exceed 10 percent of the wall to which it is attached
or 150 square feet, whichever is less.
5) The sign shall not have flashing lights or any type of intermittent
illumination.
5. Exemptions: The following signs are exempted from the requirements of this
section:
a) Changing of permitted copy of an existing bulletin board, general advertising
poster or paint panel(s), display encasement, marquee, flat sign, projecting
,sign, detached sign, or roof sign, provided no increase occurs with respect to
either the area or any such sign or the manner in which it Is structurally
supported.
b) Signs on trucks, buses, or passenger vehicles which are used in the normal
conduct of business.
c) Name plate and street address signs, less than three (3) square feet in size.
d) Non -illuminated real estate signs, temporary in nature, not exceeding more
than eight (8) square feet in area, advertising real estate for sale or lease or
announcing contemplated improvements of real estate; provided that only one
T
such sign shall be permitted on each street fronting the property.
e) Construction sips, not to exceed forty (40) square feet in area and not
located in any required yard, denoting the owner, architect, financial
institution, general contractor, subcontractor, or any statement pertaining to
the project; provided that there is only one sign for each street abutting the
premises.
f) Warning, security, and traffic directional signs, less than eight (8) square feet
in area and four (4) feet in height.
g) Election signs temporary in nature, 60 days maximum, less than eight (8)
square feet in area and five (5) feet in height and not illuminated, when
placed within a residentially zoned area. Election signs must be removed
within 10 days after the election.
h) Grand opening signs, not exceeding twenty (20) square feet in area when it is
an attached sign and not exceeding twenty (20) square feet in area and five
(5) feet in height when it is a detached sign. The sign shall contain the words
"Grand Opening' only and must receive a fifteen (15) day building permit
from the City of Beaumont.
i) Traditional and seasonal national, state, and religions holiday displays erected
without advertising shall not be subject to the provisions of this chapter, but
shall be subject to the fire code and of the City of Beaumont.
Section 2.
That if any section, subsection, sentence, clause or phrase of this ordinance, or the
application of same to a particular set of persons or circumstances, should for any reason
be held to be invalid, such invalidity shall not affect the remaining portions of this ordinance,
and to such end the various portions and provisions of this ordinance are declared to be
severable.
Section 3.
All ordinances or parts of ordinances in conflict herewith are repealed to the extent
of the conflict only.
IM
PASSED BY THE CITY COUNCIL of the City of Beaumont this the c��A( day
of 1993.
MAYOR -
F.,