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Home My WebLink About734BADATE: January 3, 2019 TO: Board of Adjustment FROM: Adina Josey, Senior Planner SUBJECT: To consider a request for a Special Exception to reduce off-street parking requirements from the required 46 spaces to 30 spaces. 1811M STAFF REPORT James Kirk Farrelly of Capital Growth Buchalter, Inc, has requested a special exception to waive off-street parking requirements for a proposed Dollar General, to be located at 2170 S. Major Drive. Special exception (c.) allows a waiver to off-street parking when the Board finds the same is unnecessary for the proposed use of the building for which the request applies. December 17, 2018, a recommendation to approve a SUP (Specific Use Permit) for a general merchandise store at this property was suggested by the Planning Commission. One condition of the SUP is approval of a Special Exception for reduced off-street parking at this location. A 9,100 sq. ft. general merchandise store should require 46 parking spaces. However, the proposed Dollar General has 30 parking spaces incorporated into the submitted site plan. according to the applicant, research across the United States has demonstrated that these 30 parking spaces will be more than sufficient for the expected customer and employee traffic. The applicant shall have the burden of proof to demonstrate that all three conditions necessary for approval have been met. Exhibits are attached. PUBLIC NOTIFICATION Notices mailed to property owners 19 Responses in Favor . Responses in Opposition LEGAL DESCRIPTION Being Lot 3, Tract 1, Block 7, Wescalder Fig Acres Addition, Beaumont, Jefferson County, Texas, containing 3.93 acres, more or less. GENERAL INFORMATIONIPUBLIC UTILITIES APPLICANT: James Kirk Farrelly of Capital Growth Buchalter, Inc. PROPERTY OWNERS: Kay Dyche Weed; Carol Ann Weed; Jimmie Jay Jackson; Peter Christian Houghton; Jennifer Christian Houghton; Elizabeth Ann Jackson Royce; Bruce Davis Jackson; Kyle Knute Poulson; Kirstin Poulson Gau; James R. Weed; Hancock Whitney; Eleanor Lois Deering; Kathryn Elise Weed. LOCATION: EXISTING ZONING: PROPERTY SIZE: EXISTING LAND USES: FLOOD HAZARD ZONE: SURROUNDING LAND USES: NORTH: Commercial/Residential EAST: Residential SOUTH: Residential WEST: Residential COMPREHENSIVE PLAN: STREETS: DRAINAGE: WATER: SANITARY SEWER SERVICE: 2170 S. Major Drive RS (Residential Single Family Dwelling) to be rezoned to GC -MD -2 (General Commercial Multi - Family Dwelling -2) —3.93 acres, more or less Vacant X — Area determined to be outside the 500 year floodplain. SURROUNDING ZONING: To be GC -MD -2 (General Commercial Multi - Family Dwelling -2) GC -MD -2 (General Commercial Multi -Family Dwelling -2) RS (Residential Single Family Dwelling) M Stable Area Major Drive — Major Arterial street with a 140' right-of-way and 68' pavement width. Curb and Gutter 6" water line 10" Sanitary sewer line PROPERTY OWNERS NOTIFIED WITHIN 200 FEET BUTAUD SHARON CARAWAY THOMAS B CAREY SANDRA MARTIN CHEVIS RONALD COLBERT DONALD K SR & LINDA T COLLIER RICHARD F & MARY L DARKINS CLIFTON JR EROS ENTERPRISES INC FERGUSON ROBERT E & MARY A HAN MEI & NASH & ROGER LLC PASCHAL FRANK F PASCHAL MARTHA RICHARD LARRY RILEY JAMES C SO KIM LEANG STAGG F R & MILDRED ESTATE UDI PROPERTY ZHENG TAN & MEI HAN BOARD OF ADJUSTMENT APPLICATION FORM CITY OF BEAUMONT (CODES SECTION 28.02.005) THIS IS AN APPLICATION FOR THE FOLLOWING: (Check One) () Appeal () Variance ()q Special Exception Complete the appropriate supplemental application form depending on which box is checked and include it with Your application. APPLICANT'S NAME AND ADDRESS: James Kirk Farrelly of Capital Growth Buchalter, Inc. 361 Summit Blvd., Suite 110, Birminqham, AL, 35243 APPLICANT'S PHONE NUMBER: 205-263-4589 FAX #: NAME OF OWNER: Varies see amendment attached ADDRESS OF OWNER: Varies LOCATION OF PROPERTY: 2170 S Major Drive, Beaumont, TX LEGAL DESCRIPTION OF PROPERTY: LOT NO. Part of Lot Three (3) BLOCK NO. Seven ADDITION WESCALDER FIG ACRES NUMBER OF ACRES 3.71 OR TRACT PLAT SURVEY NUMBER OF ACRES For properties not in a recorded subdivision, submit three copies of a current survey or plat showing the properties proposed to be changed, and a complete legal field note description. SUBMIT A LETTER STATING IN AS MUCH DETAIL AS POSSIBLE REASONS FOR THE REQUEST. SUBMIT A SITE PLAN SHOWING THE EXISTING AND PROPOSED BUILDINGS, PARKING AND ACCESSORY STRUCTURES. ATTACH ADDITIONAL MAPS OR DRAWINGS AS MAY BE NECESSARY TO EXPLAIN OR DEMONSTRATE YOUR REQUEST. ALL MAPS MUST BE DRAWN TO SCALE. A PROCESSING FEE OF $250.00 MUST ACCOMPANY THIS APPLICATION. IF THIS APPLICATION IS GRANTED BY THE BOARD, I UNDERSTAND THAT ALL PERMITS NECESSARY FOR PROSECUTION OF THE WORK SHALL BE OBTAINED AND CONSTRUCTION COMPLETED WITHIN ONE (1) YEAR FROM THE DATE OF PERMISSION BY THE BOARD OR IT SHALL BE CONSIDERED VOID. APPLICANT'S SIGNATURE: G DATE: PLEASE NOTE: THE APPL ANT IS GIVEN 10 DAYS T APPEAL A DECISION OF THE BOARD IN DISTRICT COURT. PLEASE TYPE OR PRINT AND SUBMIT TO: CITY OF BEAUMONT PLANNING DIVISION FILE NUMBER: 801 MAIN STREET, SUITE 201 BEAUMONT, TX 77701 DATE RECEIVED: Phone - (409) 880-3764 Fax - (409) 880-3133 SPECIAL EXCEPTION APPLICATION FORM CITY OF BEAUMONT INDICATE WHICH SPECIAL EXCEPTION IS BEING REQUESTED: (a.) To reconstruct, extend or enlarge a building occupied by a nonconforming use on the lot or tract occupied by such building, provided that the reconstruction, extension, or enlargement does not prevent the return of the property to a conforming use. (b.l) An exception from the front yard requirements where the actual front yard setback of an abutting lot does not meet the front yard requirement or a rear yard exception where the actual rear yard setback of any four (4) or more lots .in the same block do not meet the rear yard requirements of these regulations, (b.2) A yard exception on corner lots. (b.3) An exception where the existing front yard setbacks of the various lots in the same block are not uniform, so that any one of the existing front yard setbacks shall, for a building, hereafter, constructed or extended, be the required minimum front yard depth. (b.4) An exception from the minimum front yard requirements for owner identification signs where a structure existing at the effective date of this Chapter precludes locating a sign in compliance with the setback regulation. . - (b.5) An exception from a minimum interior side yard setback requirement for owner identifications signs for existing businesses which were developed prior to April 1, 19$1, where there is no safe place to erect a sign in compliance with the minimum setback requirements. A condition for granting of the exception is that the applicant must demonstrate that the sign shall not screen or obstruct the. view of an existing sign; building, or outdoor display area. (b.5) An exception from the minimum side yard setback requirement where a nonconforming building was in existence at the time of the passage of this ordinance. (c.) To waive or reduce off-street parking and loading requirements when the Board finds the same are unneeessaiy for the proposed use .of the building or structure for which the special exception request applies. (d.) To grant an exception for ten (10) additional feet in height for an advertising sign, when in the Board's judgement, the sign at a lower height will block an existing sign or structure from view or itself be blocked from view. 2, SUBMIT A LETTER EXPLAINING WHY THE GRANTING OF THIS SPECIAL EXCEPTION BY THE BOARD OF ADJUSTMENT WILL NOT ADVERSELY AFFECT THE VALUE AND USE OF ADJACENT OR NEIGHBORING PROPERTIES OR BE CONTRARY TO THE PUBLIC INTEREST. The applicant has the burden of proof. APPLICANT'S SIGNATURE: DATE; 10 ! 2 c 1& PHONE NUMBER t �. �.7c b3 - ci S 7 FAX #: �Awr rgA y C p(c�.. c oto1 fromwir1r.rilyu.irlow., ADINA JOSEY CITY OF BEAUMONT—SENIOR PLANNER 801 MAIN, SUITE 210 BEAUMONT, TX 77701 SUBJECT: LETTER OF INTENT— PID 403816 PROPOSED DOLLAR GENERAL # 20274 2170 S. MAJOR DRIVE BEAUMONT, TX MS. JOSEY, CAPITAL 1 ` s ` ., I REPRESENT CAPITAL GROWTH BUCHALTER, INC., AND WE ARE UNDER CONTRACT TO PURCHASE AN EXISTING +/-3.71 ACRE PARCEL, WHICH IS CURRENTLY ZONED R -S (RESIDENTIAL SINGLE FAMILY DWELLING). WE ARE PROPOSING TO DEVELOP A NEW 9,100 SQ. FT. DOLLAR GENERAL COMMERCIAL RETAIL STORE ATTHIS LOCATION, WHICH WOULD REQUIRE REZONING OF THE PARCELTO GC -MD -2 (GENERAL COMMERCIAL MULTIPLE -FAMILY DWELLING -2), IN ORDER TO ALLOW FOR THE NEW DOLLAR GENERAL TO BE A PERMITTED USE BY RIGHT. ADDITIONALLY, WE ARE REQUESTING A SPECIAL EXCEPTION FROM THE CITY OF BEAUMONT ZONING CODE TO ALLOW FOR 30 TOTAL PARKING SPACES IN LIEU OF THE CODE REQUIRED 46 TOTAL PARKING SPACES, BECAUSE DOLLAR GENERAL NEEDS SUBSTANTIALLY LESS PARKING AS EVIDENCED BY THE INCLUDED PARKING COUNT LETTER FROM CORPORATE, THIS SPECIAL EXCEPTION REQUEST WILL HAVE NO ADVERSE EFFECT ON THE NEIGHBORING PROPERTIES, AS IT WILL ALLOW FOR UNNECESSARY AND UNUSED PAVEMENT TO BE ELIMINATED AND IN TURN ALLOW FOR MORE LANDSCAPE BUFFERS ON THE SIDES AND REAR. ADDITIONALLY, THIS SPECIAL EXCEPTION REQUEST HAS THE FURTHER BENEFIT OF REDUCING THE OVERALL IMPERVIOUS SURFACE AREA OFTHE PROJECTAND REDUCING STORMWATER RUNOFF. IF YOU HAVE ANY QUESTIONS OR IF YOU NEED ANY FURTHER INFORMATION, PLEASE DO NOT HESITATE TO CONTACT ME. WE ARE LOOKING FORWARD TO HOPEFULLY BRINGING A NEEDED GENERAL RETAIL STORE TO THIS AREA FOR THE BENEFIT OF BOTH THE CITY OF BEAUMONT AND THE LOCAL RESIDENTS. RESPECTFULLY, CAPITAL GROWTH BUCHALTER, INC. JAMES KIRK FARRELLY, P.E. (205) 263-4589 KFARRELLY@CGPRE.COM 3 6 1 SUMMIT BLVD. SUITE 110. BIRMINGHAM , AL 3 5 2 4 3 C G B U C H A L T E R. C O M ON 'dd IVildVO e oh � 4 m '• !;� � SVX31 1NOWf1V3e nB 3a9�x; ry 8l 9d/U ddA101OHd 006'6 aoz� 6u 5Ji m 51 :1 1 M3�J Zltl'ilOCl � � W a YY 11 PILL t3+3nno� am xa�an anL n3nss v t7o E Y Um n V� 0� c 5� r n inn �IOadp]Il30 'hTtl -- 5 N 9 �� gid - oq�s�;g " w o All 0.1 tug N arwo) 1 ,89'86[ 3 „tO,tLLB N 1 3�'U I7q �c y36y - HI I I • Biu Wa B `�"�' I i j I N i m I p i I' I — — — — — — — — — — — — — — — — — — — — — — — I I 53 I I' as ® I I rvi,7 L: 1 ,I a O.' I� ire q i d I Iw" I ia� c I � ' I I co k Fi Fi"1 .0— -ei tz' ff oo w� >aa =gym a7HIIIIho � i� s --- -- ----•----•----•---------- -- -- ---- --- �a•ie� � _ �z' ---'----�--- (o£L----•--•-�- .6---� -�-� : '" m I IIil�agoS u ,sBLle� I i i � A, 5 4 ac c l I Am Ra f "��." • ryryl I I I ERN, mol I h I E Ng. Lsrxe � ova x y i I h $� � II a ,xY'PeL 34 .H.If1P .Y F Y 1' I O n II N J W I Ile 734-BA: To consider a request for a Special Exception to reduce off- arking from the required 46 spaces to 30 spaces. ,ppli.cant: James Kirk Farrelly of Capital Growth Buchalter, Inc. ocation= 2170 South Major Drive 0 100 200 Feet