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HomeMy WebLinkAbout645-BA DATE: June 7, 2012 TO: Board of Adjustment FROM: Stephen C. Richardson, Planning Manager SUBJECT: Consider a request for variances to the minimum rear yard building setback and to the minimum side yard building setback from 10' to 0' and from the landscaping requirement of providing a landscaped island for every 10 parking spaces in the parking lot FILE: 645-BA STAFF REPORT John Rose, representing HEB Grocery Co., L.P., has applied for variances to the minimum rear yard building setback and to the minimum side yard building setback from 10' to 0' and from the landscaping requirement of providing a landscaped island for every 10 parking spaces in the parking lot. Mr. Rose states that HEB wishes to construct a 68,000 sq. ft. grocery store on the site of the old Baptist Hospital. Due to the required number of parking spaces and the need to maximize the number of customer parking spaces in front of the store, the building needs to be pushed to the north. The need for parking spaces is also impacting the installation of landscaped islands within the interior of the parking lot. One island is required for every ten parking spaces. If the interior islands are waived, HEB proposes that the number of trees around the perimeter of the property will be increased by 50%. HEB is working with the City on realigning a portion of Stagg Drive. Portions of the right-of-way are being vacated, new right-of-way is being dedicated and street pavement is being realigned. 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 30 . Responses in Favor . Responses in Opposition . GENERAL INFORMATION/PUBLIC UTILITIES APPLICANT: John Rose for HEB Grocery Co. L.P. PROPERTY OWNER: Baptist Hospitals of Southeast Texas LOCATION: 3536 College EXISTING ZONING: GC-MD (General Commercial-Multiple Family Dwelling) District PROPERTY SIZE: 7.3 acres, more or less EXISTING LAND USES: Vacant hospital FLOOD HAZARD ZONE: A X @ - Areas determined to be outside 500-year floodplain SURROUNDING LAND USES: SURROUNDING ZONING: NORTH: Commercial GC-MD (General Commercial-Multiple Family Dwelling) District EAST: Commercial GC-MD SOUTH: Commercial GC-MD WEST: Commercial GC-MD COMPREHENSIVE PLAN: Hospital/Office District STREETS: College Street - Major arterial with a 110' wide right-of-way and a 40' pavement width; Eleventh Street - Major arterial with a 100' wide right-of-way and unknown pavement width; Stagg Drive - Local street with a 60' wide right of way and a 40' pavement width DRAINAGE: Curb and gutter WATER: 6" and 12" water lines SANITARY SEWER SERVICE: 12" and 24" sanitary sewer lines PROPERTY OWNERS AMERICAN OFFICE LLC ATTN: DAVE PARKS BAPTIST HOSPITAL OF SE TEXAS BEAUMONT SE LP % SHELBY / ESTUS REALTY GROUP BIN BORATH & SOKUNRATANA SO C & D REALTY CO % MARK A FERTITTA CDM DEVELOPMENT LLC CENTERPOINT ENERGY ENTEX PROPERTY TAX DEPARTMENT CHEN ZHIHONG COGDELL GROUPE INC THE DAHU RIYAD KHALIL FRACHT CAREY R ET UX JOHNSON PATNERS LTD % KENNETH JOHNSON LOGSDON JOHN W ET UX LOMBARD REALTY INVESTMENT(65%) % LEDGEBROOK TX LLC (35%) PATEL AJESHKUMAR H ETAL PRABHUBHAI JIVANJI BHAKTA REDDY RAGHURAMI B SIEMSEN PROPERTIES LP WENDY'S INTERNATIONAL INC WHATABURGER % GOLDEN TRIANGLE PROPERTIES DATE: October 4, 2012 TO: Board of Adjustment FROM: Stephen C. Richardson, Planning Manager SUBJECT: Consider a request for a revision to the variance granted by the Board of Adjustment on June 7, 2012 FILE: 645-BA STAFF REPORT On June 7, 2012, the Board of Adjustment approved the following for variances for the new HEB grocery store at 3536 College: The decision approves a variance to the minimum side yard setback reducing that setback from 10' to 0' along an 80' line running north and south along the western edge of the former Stagg Drive right-of-way abandoned by the City of Beaumont prior to June 7, 2012; and a variance to the minimum rear yard setback reducing that setback from 10' to 0' along the southern boundary of Stagg th Drive commencing at a point 90' from the eastern boundary of 11 Street right-of-way and proceeding eastward along the northern boundary of the subject property; and waiving the landscape requirement of providing a landscape island for every 10 parking spaces in the parking lot upon the promise of the landowner to reasonably offset this requirement with other landscape that consist of trees planted along the boundary of the subject property. Due to the fact that at the time of the Board of Adjustment=s public hearing, City Council had not actually approved the abandonment. City Council approved the abandonment on August 28, 2012. Therefore, it is recommended that the Board=s variance approval be amended as follows: The decision approves a variance to the minimum side yard setback reducing that setback from 10' to 0' along an 80' line running north th and south located 290.14' east of the east right-of-way line of 11 Street along the western edge of the former Stagg Drive right-of-way abandoned by the City of Beaumont on or prior to August 28, 2012; and a variance to the minimum rear yard setback reducing that setback from 10' to 0' along the southern boundary of Stagg Drive th commencing at a point 90' from the eastern boundary of 11 Street right-of-way and proceeding eastward along the northern boundary of the subject property; and waiving the landscape requirement of providing a landscape island for every 10 parking spaces in the parking lot upon the promise of the landowner to reasonably offset this requirement with other landscape that consist of trees planted along the boundary of the subject property. Exhibit is attached. PUBLIC NOTIFICATION Notices mailed to property owners 30 . Responses in Favor . Responses in Opposition . PROPERTY OWNERS AMERICAN OFFICE LLC ATTN: DAVE PARKS BAPTIST HOSPITAL OF SE TEXAS BEAUMONT SE LP % SHELBY / ESTUS REALTY GROUP BIN BORATH & SOKUNRATANA SO C & D REALTY CO % MARK A FERTITTA CDM DEVELOPMENT LLC CENTERPOINT ENERGY ENTEX PROPERTY TAX DEPARTMENT CHEN ZHIHONG COGDELL GROUPE INC THE DAHU RIYAD KHALIL FRACHT CAREY R ET UX JOHNSON PATNERS LTD % KENNETH JOHNSON LOGSDON JOHN W ET UX LOMBARD REALTY INVESTMENT(65%) % LEDGEBROOK TX LLC (35%) PATEL AJESHKUMAR H ETAL PRABHUBHAI JIVANJI BHAKTA REDDY RAGHURAMI B SIEMSEN PROPERTIES LP WENDY'S INTERNATIONAL INC WHATABURGER % GOLDEN TRIANGLE PROPERTIES