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Home My WebLink About756-BADATE: June 18, 2020 TO: Board of Adjustment FROM: Katrina Purcell, Planner I SUBJECT: To consider a request for a Special Exception to reduce off-street parking requirements. FILE: 756-BA Kirk Farrelly, on behalf of Dollar General, has applied for a special exception to reduce off-street parking requirements for the property located at 5595 Fannett Road. 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. Submitted for your approval is the request and supporting information related to the Dollar General new location. By strict compliance with the City of Beaumont Zoning Regulations, the use would require 46 parking spaces. The proposed site has 9,100 square feet. This request would be to allow this store location have the reduced number of parking spaces than required. The development site has limited space and with over 16,000 locations, it has been determined that 30 spaces is more than adequate for the customer flow rate that is generated. Exhibits are attached. PUBLIC NOTIFICATION Notices mailed to property owners 21 Responses in Favor . Responses in Opposition LEGAL DESCRIPTION Being Lot 13-14, Block A FRC, Tyrrell Park, Beaumont, Jefferson County, Texas, containing 1.372 acres, more or less. GENERAL INFORMATION/PUBLIC UTILITIES APPLICANT: Kirk Farrelly PROPERTY OWNER: Dollar General Stores LOCATION: 8540 Phelan Blvd EXISTING ZONING: GC -MD (General Commercial -Multiple Family Dwelling) PROPERTY SIZE: EXISTING LAND USES: FLOOD HAZARD ZONE: SURROUNDING LAND USES NORTH: Commercial EAST: Residential SOUTH: Commercial WEST: Commercial COMPREHENSIVE PLAN: STREETS: DRAINAGE: WATER: SANITARY SEWER SERVICE: —1.372 acres Commercial Shaded X — Area determined to be outside the 100 year flood plain SURROUNDING ZONING: GC -MD (General Commercial -Multiple Family Dwelling) R-S (Residential -Single Family Dwelling) GC -MD (General Commercial -Multiple Family Dwelling) GC -MD (General Commercial -Multiple Family Dwelling) Light Industrial Fannett Road — Major Arterial with a 45' right-of-way and 25'pavement width. Open Ditch 8" Water line 21 " Concrete sanitary sewer line PROPERTY OWNER NOTICES SENT WITHIN 200' BERTRAND AARON DEBOSE CAROLYN DOUGLAS HUBERT A & BARBARA FARR CLORIA GAINES EUGENE JR GONZALEZ MANUEL & PASCUALA HOUSE JANIE L JACKSON AVINASH KISH PROPERTIES INC MARTIN MARIETTA MATERIALS REAL ESTATE INVESTMENTS INC MOORE KEVIN & LEONA NOWELL SIDNEY E NUNEZ ENRIQUE & EDITH ARROYO (CD) ROCHELLE BETTY ROCIO COBIN & JESSIE MARIE RODRIGUEZ NORMA RODRIGUEZ NORMA SWIFT INTERNATIONAL SERVICE GROUP INC WARD LINDA F WEBB DAN & JUDY BOARD OF ADJUSTMENT APPLICATION FORM CITY OF BEAUMONT (CODES SECTION 28.02.005) THIS IS AN APPLICATION FOR THE FOLLOWING: (Check One) () Appeal lariance 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 Kirk Farrelly, 361 Summit Blvd Suite 110, Birmingham, AL 35243 APPLICANT'S PHONE NUMBER: 205-263-4589 NAME OF OWNER: DG Beaumont (Fannett Rd), LLC AX #: 205-968-9229 ADDRESS OF OWNER: 361 Summit Blvd Suite 110, Birmingham, AL 35243 LOCATION OF PROPERTY: 5595 Fannett Rd, Beaumont, TX LEGAL DESCRIPTION OF PROPERTY: LOT NO. 13 & 14 BLOCK NO. Volume 5, Page 174 ADDITION Tyrrell Park Addition NUMBER OF ACRES 1.37 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 PERMIISSION BY THE BOARD OR IT SHALL BE CONSIDERED VOID. APPLICANT'S SIGNATURE: »' f DATE: 5/13/2020 PLEASE NOTE: THE APPLICANT IS GIVEN 10 DAYS TO APPEAL A DECISION OF THE BOARD IN DISTRICT COURT. PLEASE TYPE OR PRINT AND SUBMIT TO FILE NUMBER: TAP- R DATE RECEIVED: 14 - Z0 CITY OF BEAUMONT PLANNING DIVISION 801 MAIN STREET, SUITE 201 BEAUMONTI TX 77701 Phone - (409) 880-3764 Fax - (409) 880-3133 DOLLAR GENERAL Dollar General Corporation 100 Mission Ridge Goodlettsville, TN 37072 =. Katrina Purcell, C.F.M. Planner I City of Beaumont 409-755-4793 Parking requirements at the proposed Dollar General location at 5595 Fannett Road, Beaumont, TX. Dear Katrina, Through the years Dollar General has been in the process of refining the design criteria for new store development. With over 16,000 stores in productive operation, we have gathered a significant amount of data. One area in which we are balanced between development cost and customer need is in the area of parking requirements and accessibility for our build -to -suit locations. Our stores average around 15-20 transactions per hour. We have estimated and confirmed that 30 spaces would accommodate the customer flow rate that our business generates. This standard has been sufficient for even the traffic generated at the peak Christmas Season levels. Thanks for your consideration and feel free to contact me with any other questions you may have. Randy D. Martin A&E Plan Coordinator - Western Region AZ, CA, CO, IA, KS, MN, ND, NE, NM, NV, OK, OR, SD, TX, WA & WY. EMAIL; rmartin@dollargeneral.com 171" f s s . � ♦ 3 4` y f� 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. (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 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. The public will be benefited by granting of the variance in the form of reduced unnecessary pavement, increased landscape buffers at the rear of the proper and larger area for stormwater detention. Thus, the granting of the variance will not be contrary to 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 owner's own actions. The existing property is narrow across the front and increases in width across the rear of the property. To comply with the parking requirement would regL paving a much greater portion of the site in the rear due to the insufficient property frontage, which would add unnecessary impervious area and have a negative effect on surrounding properties. CONDITION C: That by granting the variance, the spirit of the ordinance will be observed and substantial justice will be done. The ordinance requirement is based on gross floor area, which assumes the entire area of the building is open to the public. When removing the receivingi storage areas, office, breakroom, restrooms, shelving, etc. the provided parking is more in line with the intended parking ratio by Ordinance. The Tenant 1 over 15,000 Stores in their pipeline and knows their parking needs, which is what is proposed. Further, real world parking studies at many locations in the Northeast, with higher population density than the subject Project location, have confirmed the provided parking request being applied for is more than sufficient. I HEREBY ATTEST THAT, TO THE BEST OF MY KNOWLEDGE, MY REQUEST MEETS THE CONDITIONS STATED ABOVE, APPLICANTSr SIGNATURE: Date:5/13/2020 Phone Number: 205-263-4589 Fax Number: kfarrelly@cgpre.com a �� ONI `23911t1HOf18 HiAAO'3J lblldVO W SVX3l `A1NnOO NOS9AJDr `lNOWfld99 ~ =:� w If-s 'd'S 001 '9 9d) lOiMJd qz = 4m saa� zz $ WO jB co -d:3:N:3:0 �li ag��I Y �a erg[ W 5 '.� 0Fl7v: ' ZW E (7 3 U W gg utG �m �a� � � azw rouenao 'tax ,�, � v❑ g o0 d � a IL ¢ N of a 2 � o K z u o w Ngg �i am ma o � wx �j uS �ni� Qo o r' 'o¢ - P� - w5 as as i r a2 a m a� z° i Slmi t i i �Silt?IP .aOT 7INNYJ d00T PNt^I.LS.Td'.9 I So z p Wh N N t'- i I w w !^ i �� .•� S StYZ8�5{. fl-44 9 ZI. CAPITAL GROWTH BUCHALTER MAY 13, 2020 KATRINA PURCELL, C.F.M. CITY OF BEAUMONT 801 MAIN, SUITE 210 BEAUMONT, TX 77701 SUBJECT: LETTER OF INTENT- PID 108078 PROPOSED DOLLAR GENERAL 5595 FANNETT RD BEAUMONT, TX MS. PURCELL, I REPRESENT CAPITAL GROWTH BUCHALTER, INC., AND WE ARE UNDER CONTRACT TO PURCHASE AN EXISTING +/-1.37 ACRE PARCEL. 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 OF THE PROJECT AND 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 BEAUMONTAND THE LOCAL RESIDENTS. RESPECTFULLY, CAPITAL GROWTH BUCHALTER, INC. .TAMES KIRK FARRELLY, P.E. (205) 263 - 4589 KFARRELLY@CGPRE.COM -___.._.___....----.-------...--------..____.___.._.___-. _. 3 6 1 SUMMIT BLVD. SUITE 110. B I R M I N G H A M, AL 3 5 2 4 3 C G B U C H A L T E R. C O M SURVEY LEGEND d E ¢ECMC UNE M OWCRETE SURFACE Q S%WMING POOC ❑ A.0 AIR CGWO170"'N0 UNIT =MXaD FENCE Pt--PL—PIASYNE ® COKWED AREA DITCH • p p POW? POLECtA/N LINK FENCE —2—T—IEL04ME LINE ROCK 07 CRAM LAW SWEERIGYT X BARRED WRE fET.'CE CLIENT R/PPEON PROPERTIES, LTD GFf.- 432366-LM MESRANO PLACE VOL 10. PG. 135, M.R.J.0 'Ott, 1tl"1 V S 37'4424" W 2tl33.67: PP E—E- FOUND rr.ALLEO S 4020'22" W 234.04) G.A. _...._ b 52 m fah s 0 0 Io, �ryr 1 3 N2 lu'z 1010 Y P.P. �d Z` u � m O N C o C'm P.P. s 3 Mn RESAR l/1 SOS 4 • w m.a 1.37 acres Q W� o uY N J m �m 4 P) i.Os 2 13 1 yam' 10.b URu ENT P.P. P. 4'p FOUNR N 390;04 E 159.94 A.REDS ND 1�" RJ (CALLED N 41f033' E f59.96) e avNc 5595 FANNETT ROAD rn�"i :l3jia.Tl:I7/7.Y.TTl3ii:%x l: t,4 'Fnl.'IIaT4'TWRY1.1YF4.4II,'F�E#CF1I/7PC#.Ir.Ea777G'17 71e=blsgrladdx?shaebyoertil MUYssurveyKwaokonUegroundafUlepmpv1yA?ga1/yrles b.34hermnareSmfrL4andttett/mare noe.mxenXi conflkts, star 1n a—, bDundaryline mnnkis, en—Edlments overlapping oflmpmv2 -*? ,, —ts ornghts-of wey, mme #as sMtAAlh°rmn,ardthattlepropertyhasaCcaT,malXlfmnladYlkat&iroafivayasof MAY31,2019. 71eabove trartbeing laaW at 5595 FANNETT ROAD, BEAUMONT, TEXAS 77705 The hadbdrg oLsoLbaias A 1.37ACRE TRACTOUT OFLOTS 13 AND 14, UNLT "A", TYRRELL PARKADDMON wramrdad In VOLUMES, PAGE 174, OF THE MAP RECORDS OF7EFFER50N COUNTY, TEXAS (SEEATTACHED LEGAL DESCRIPTION). In aaxrdTT.ee aitll tbadLtsurarXe Rafe A4ap (FSRM) of the ffrsalErrlerr,,prXyMarlanlentAr,rXy, Ufe sub,�et battl5 kxatad Jn fbodZownoMdLebw.77)ebotunofbfepmpermy Lhas Lkterr n.dbysok Adzolf&dekFobonvwnot&-triminad unkLs2 ue5ted. FAUST E,gvraLgandSurwying,Jrr does not warrantorsvtsmbetoUeanlrayafsaidInap. BEARINGS SHOWN HEREON ARE REFERENCED 70 7NE TEXAS COORDINA7E SYSTEM OF1987 5DU7710EMML 2DNE ANDAREBASED ON7RENORTH AMERICAN DATUM OF 1983 ADA67MEM'2011. ®20MIAL5TfigimrnnBaMSLrveyNg, rnc. AffmhL4r —d 7MSSURVEYIS CERTIFIED FOR TH157RANS4CNON ONLYAND IS AUT7RANSFERABLE TO RICHARD F FAUST ADDT120MLIN57177MOA6 OR5UBSEQU£ATOWNERS.USEDF7N75SURVEYrORANYOTHER REGLSIERED PROFESSIONAL LAND SURWYOR NO. 4782 Census Tract: 13. 03 FEMA Flood Zone: X SHADED Community Panel NO.: 485457-40 D Panel Date: 08/06/02 Field Book No.: 19-5 Project No. 190277 =0 MTe1( nMVAEN� M 11 �R3MMOTNG AND TEXM77SURVEYING, INC. .91 813- m FAX (409I 819-�84 1/2' 774E FOLLOW0 ITEVS ARE LISTED {NTHIN SCHEDULE T' OF THE RILE COMM/TMENr ISSUED ON MAY 20, 2019 AND ARE REFERENCED AS FOLLOWS ITEM lab) 6TTANT OF URUTY EASEMENT TO GULF STATES UDL77ES CO AS RECORDED IN VOLUME f42, PAGE 103 ,LCD.R.: SHOWN ON THIS PLAT. ITEM f0.c1 I;RAN7 OF U77UTY EASEMENT TO GULF 7ES URUDES CO. AS RECORDED IN VOLUME 442, PAGE 104 dr-D.R.; DOES NOT AFFECT THIS TRACT.. FILED AND RECORDED OFFICIAL PUBLIC RECORDS 2019 Jul 0312:39 PM Fee: $ 34.00 2019022356 CAROLYN L. GUIDRY, COUNTY CLERK JEFFERSON COUNTY TEXAS *Electronically Recorded* STE ART TITLE File No. 432368 / _ 1 '` SPECIAL WARRANTY DEED NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. a� Date: , 2019 Grantor: SWIFT INTERNATIONAL SERVICE GROUP, INC., a Texas Corporation Grantor's Mailing Address: P. O. Box 680172, Houston, Harris County, Texas 77268 Grantee: RIPPEON PROPERTIES, LTD., a Texas Limited Partnership Grantee's Mailing Address: 6115 Muela Creek Drive, Beaumont, Jefferson County, Texas 77706 Consideration: TEN AND NO/100 DOLLARS ($10.00) and other good and valuable consider- ation Property (including any improvements): BEING 1.37 acres of land out of Lots 13 and 14, Unit "A", Tyrrell Park Addition, recorded in Volume 5, Page 174, Map Records, Jefferson County, Texas; said 1.37 acre tract being more fully described by metes and bounds as follows, to -wit: BEARINGS SHOWN HEREON ARE REFERENCED TO THE TEXAS COORDINATE SYSTEM OF 1983, SOUTH CENTRAL ZONE, AND ARE BASED ON THE NORTH AMERICA14 DATUM OF 1983, ADJUSTMENT 2011. BEGINNING at a 1/2" rebar found on the intersection of the east line of said Lot 13 and the south right-of-way line of a dedicated road named Fannett Road; said rebar being the northwest corner of Lot 1, Block 2, Leroy Addition, recorded in Volume 9, Page 57, Map Records, Jefferson County, Texas, and being the north- east corner of the herein described tract; THENCE South 60°20'54" East (called South 57°46'00" East) along the west line of said Leroy Addition and the east line of said Lot 13, a distance of 311.44 feet (called 311.58 feet) to a 1/2" rebar found for the northeast corner of Lot 3, Block 1, Crestland Place, recorded in Volume 10, Page 135, Map Records, Jefferson County, Texas; said rebar being the southeast corner of the herein described tract; 53 SWIFT INTERNATIONAL SERVICE GROUP, INC,, a Texas CoiTioration NERV THOMAS, President THE STATE OF COUNTY OF 00r Ir This instrument was acknowledged before me on the day of -:S:k S4 _, 2019, by NERV THOMAS, President of SWIFT INTERNATIONAL SERVICE GROUP, INC., a,Texas Corporation, on behalf of said Texas Corporation. NOTARY PUBLIC IN AND FOR THE STATE 617 —WX&S-. MEUNNATHOMAS Printed r typed name of notary: IN NO* ID 4 0426370 I ;we My commission expires: PREPARED IN THE LAW OFFICES OF: MICHAEL D. MATTHEWS GRIFFIN &MATTBEWS 400 Neches at Crockett Santa Fe Depot Beaumont, Texas 77701 (409) 832-6006 Please Return To; Rippeon Properties, Ltd. 6115 Muela. Creek Drive, �i e— Beaumont, TX 77706 3 ... ......... File 756-BA: To consider a request for a Special Exception to reduce off-street parking requirements. Applicant: Kirk Farrelly for Dollar General Stores Location: 5595 Fannett Road 0 200 l 1 1 Feet