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HomeMy WebLinkAbout1684-PUN DATE: September 15, 2003 TO: Planning Commission and City Council FROM: Stephen C. Richardson, Planning Manager SUBJECT: Consider a request for a specific use permit to allow a retail business and related parking and service drives in a GC-MD-2 (General Commercial -Multiple Family Dwelling-2) District. FILE: 1684-P The Planning Manager recommends approval of this request subject to providing a minimum of a 10' wide landscape buffer along the south 340' +/- of the west property line. Adams Consulting Engineers, the applicant, is requesting a specific use permit to allow a 100,000 sq. ft. retail building with related parking and service drives on an 11.98 acre tract of land at the northwest corner of Dowlen Road and the Delaware Extension. This phase is part of an overall development that will include a 93,000 sq. ft. HEB store and an additional 50,000 sq. ft. of retail space. In 1999, the City Council approved a rezoning of property at the northwest corner of Dowlen Road and the Delaware Extension. 24.8 acres was rezoned to GC -MD and 15.7 acres was rezoned to GC-MD-2. In March, 2001, 3.2 acres of the GC-MD-2 zoning were rezoned to GC - MD. The now 11.98 acres of GC-MD-2 backs up to the Barrington Heights Addition on the north and west sides. The property that the HEB store will be constructed on is zoned GC -MD and does not require a specific use permit. The 11.98 acre subject property will be developed with a 96,463 sq. ft. (88,408 sq. ft. building and 8,055 sq. ft, mezzanine area) building and a future expansion area of 20,000 sq. ft, The appropriate parking for this building and service drives for this building and for the HEB store are also included in the plan. Along the north property line, an 8' tall wood screening fence and a 20'wide landscape strip will be installed, Along the west property line, an 8' tall wood screening fence is being constructed. Along that same property line, there will be installed approximately 1,025' of landscape buffer that is 20' wide. Along the remaining distance will be a 6 V2' wide landscape buffer. This is due to the configuration of the driveway along the rear of the HEB store, Exhibits are attached. PUBLIC NOTIFICATION Notices mailed to property owners 61 Responses in Favor_. Responses. in Opposition-. LEGAL DESCRIPTION FOR ORDINANCE PURPOSES ALL THAT CERTAIN lot, tract, or parcel of land situated within the Hezekiah Williams Survey Abstract 56 and being a part of a called 40.5391 acre tract as described in a deed to Dowdel Investments, Ltd., dated December 8, 1999 and recorded under Clerk File No. 1999047799 in the Official Public Records of Jefferson County, Texas, and being more completely described as follows: BEGINNING at a 1/2 inch rod found for the northwest corner of said 40.5391 acre tract , same being the northeast comer of Barrington Heights Subdivision Phase 11, recorded in Volume 16, Page 99 in the Map Records of Jefferson County, Texas and being in the south line of Barrington Heights Subdivision Phase 1, recorded in Volume 15, Page 348 in said Map Records; THENCE North 88 deg. 36 min. 13 see. East along the north line of said 40.5391 acre tract and the south line of said Barrington Heights Subdivision Phase 1, a distance of 575.07 feet to a 5/8 inch iron rod found for corner and being the northwest comer of a called 1.1364 acre tract as described in a deed to Dowlen Road Times Square, Ltd. recorded under Clerk File No. 2002047207 in said Public Records; THENCE South 01 deg. 23 min. 50 sec. East passing the southwest comer of said 1.1364 acre tract, same being the northwest comer of a called 1.7932 acre tract as described in a deed to 1920 Holdings, Ltd. recorded under Clerk File No.. 2002024358 in said Public Records continuing a total distance of 567.15 feet to a 5/8 inch iron rod found for the southwest comer of said 1.7932 acre tract; THENCE North 88 deg. 35 min. 55 sec. East along the south line of said 1.7932 acre tract, a distance of 224.94 feet to a 5/8 inch iron rod found for the southeast corner of said 1.7932 acre tract, same being in the east line of said 40.5391 acre tract and being in the west right of way line of Dowlen Road (100 feet right of way); THENCE South 01 deg. 24 min. 29 sec. East along said west right of way line and said east line, a distance of 60.05 feet to a 5/8 inch iron rod found for the northeast corner of a called 1.2190 acre tract as described in a deed to Gem Jewelry Company recorded under Clerk File No. 2001016844.in said Public Records; THENCE South 88 deg. 36 min. 20 sec. West along the north line of said 1.2190 acre tract, a distance of 224.99 feet to a X scribe in concrete found for the northwest comer of said 1.2190 acre tract; LEGAL DESCRIPTION continued THENCE South 01 deg. 24 min. 15 sec. East along the west line of said 1.2190 acre tract a distance of 155.88 feet to a point for corner; THENCE across said 40.5391 acre tract as follows: South 88 deg. 36 min. 46 sec. West, a distance of 475.07 feet to a point for corner, South 01 deg. 23 min. 48 sec. East, a distance of 580.46 feet to a point for corner, South 8Q deg. 48 min. 57 sec, West, a distance of 100.00 feet to a 5/8 inch iron rod found for the southeast comer of Barrington Heights Subdivision Phase IV recorded in Volume 16, Page 400 in said Map Records, THENCE North 01 deg. 23 min. 48 sec. West along the west line of said Barrington Heights Phase IV, said Barrington Heights Phase 11 and the northernmost west line of said 40.5391 acre tract a total distance of 1363.07 feet to the PLACE OF BEGINNING containing 11.980 acres (521,838 square feet) of land. *qUnwfth� ALIM AX Civil/Environmental Engineers August 20, 2003 Planning Commission and City Council 801 Main Street Beaumont, Texas 77704 Re: Specific Use Permit Application for approximately 11.980 acres zoned GC-MD-2 located at the northwest intersection of Dowlen Road and Delaware Street Dear Planning & Zoning Commission and City Council: Please find attached to this letter the current survey, preliminary site plan, legal field note description and Specific Use Permit Application for the above referenced tract. This information is being submitted for the purpose of obtaining a Specific Use Permit to construct a 90,000 s.f. H.E.B. Grocery Store and a 100,000 sX retail building. Section 30-26E of the City of Beaumont Zoning Ordinance requires that eight (8) conditions must be met before a Specific Use Permit can be issued. 1. The above property (11.980 acres) will be the final development of approximately 40,539 acres already zoned for general commercial use. The said property is encompassed by three developed and two undeveloped retail out -lots fronting Dowlen Road thus making this property compatible with and not injurious to the use and enjoyment of surrounding properties. 2. The above 11.980-acre tract of land zoned GC-MD-2 will not impede development of the surrounding vacant property. The 11.980 tract of land is part of a 27.346-acre tract of land being "purchased and developed by HEB Grocery Company. The remaining vacant property adjacent to this proposed development is located southwest of this tract, west of the proposed H.E.B. Grocery Store, with frontage along the north side of Delaware Street. 3. Adams Consulting Engineers, Inc. (ACEI) has obtained all Water and Wastewater Utility Availability Letters from the City of Beaumont. ACEI has received verbal notice from Drainage District #6 that the existing ditch located west of the proposed H.E.B. Grocery Store has sufficient capacity to collect all storm water runoff from this proposed development. Access into this development will be coordinated with the City of Beaumont Transportation Department for final approval. 4. The location of all proposed driveways and parking spaces will provide safe and convenient movement of vehicle and pedestrian traffic without adversely affecting the general public and adjacent development. 5. All nuisance prevention measures required by the City of Beaumont will be taken to prevent or control offensive odors, fumes, dust, noise and/or vibrations. 6. Directional lighting and/or light shielding will be provided for the building and parking lot, so as not to disturb or adversely affect the neighboring properties within the boundaries required for safe and secure access during all hours of the day. This issue will be addressed during the design phase of the project and will be reflected on the final site plan. 2445 East Southlake Boulevard, Suite 100 ® Southlake, Texas 76092 a Metro (817) 329-6990 n FAX (817) 329-7671 Corporate Office n Tyler, Texas 7. Landscaping and screening shall be provided as necessary to ensure harmony and compatibility with adjacent properties. All proposed landscaping shall conform to City of Beaumont Landscape Ordinance. 8. As indicated by this letter and other attached documentation, the proposed development is designed for the uses set forth above and shall be in accordance with the City of Beaumont Comprehensive Plan. If you have any questions or concerns in regard to this submittal, please do not hesitate to give us a call. Respectfully, ADAMS CONSULTING ENGINEERS, INC. G. Robert Adams, PE Sr. Vice President cc: Mary Rohrer, PE — Manager of Site Engineering, H.E. Butt Grocery Company sinteNORTH FIE, 1684-P: Request for a specific use permit to allow a retail bu ess and relad pazing and servim drives in a GC-MD-2 (General Commercial - Multiple Family Dwding-2) DistrktL SCALE Lextion: Northwest comer of Dowlen Road and Delaware St. N.T.S. Aw—ticant: Adams Consulting Engineers, Inc. IL 05 M� EC== FroInTrim z O DELAWARE A" G-MD COMMERCIAL. ql : EMMEM"Mm WMIUMMW MAN, to III IW . . . . . . . . . . . IM-11 STRI CONDITIONS FOR APPROVAL OF SPECIFIC USE PERMIT (SECTION 30-26.E, ZONING ORDINANCE Application Application is in is not in Comments Compliance Compliance Attached CONDITIONS: I. That the specific use will be compatible with and not injurious to the use and enjoyment of other property, nor significantly diminish or impair property values within the immediate vicinity; x x 2. That the establishment of the specific use will not impede the normal and orderly development and improvement of surrounding vacant property; x x 3. That adequate utilities, access roads, drainage and other necessary supporting facilities have been or will be provided; x 4. The design, location and arrangement of all driveways and parking spaces provides for the safe and convenient movement of vehicular and pedestrian traffic without adversely affecting the general public or adjacent developments; x 5. That adequate nuisance prevention measures have been or will be taken to prevent or control offensive odor, fumes, dust, noise and vibration; x x 6. That directional lighting will be provided so as not to disturb or adversely affect neighboring properties; x 7. That there are sufficient landscaping and screening to insure harmony and compatibility with adjacent property; and x x 8. That the proposed use is in accordance with the Comprehensive Plan. x ANALYSIS continued This application is in conformance with seven of the eight conditions necessary for approval. Comments on Conditions 1, 2, 5, and 7 follow: The developers of the property, for the most part, are going beyond the minimum requirements to buffer the proposed development from the neighboring properties. 2. This property is part of an overall commercial development that is being proposed for the northwest corner of Dowlen Road and the Delaware Extension, Parts of this property are already being developed with banking facilities and retail establishments, 5. Nuisance prevention measures will be taken to prevent or control offensive odors, fumes, dust, noise and/or vibrations. 7. Along the north and west property lines, an 8'tall wood screening fence and a 20' wide landscape strip are being installed, except for the south 340'+/- which will have a 6 V2, wide landscape strip. A 10' wide landscape strip is required. The applicant is requesting a modification to the landscaping requirement for that portion along the west property line. The Planning Manager recommends that a minimum 10' wide landscape strip be installed along the south 340' +/- of the west property line as well. This will help buffer the HEB loading dock from the neighboring residential. GENERAL INFORMATION/PUBLIC UTILITIES LOCATION: EXISTING ZONING: PROPERTY SIZE: FOR OW rovir-32 111 XOM FLOOD HAZARD ZONE: Adams Consulting Engineers, Inc. Dowdel Investments, Ltd. Northwest corner of Dowlen Road and Delaware Extension GC-MD-2 (General Commercial -Multiple Family Dwelling-2) District 11.98 acres, more or less Vacant "X"- Areas determined to be outside 500-year floodplain GENERAL INFORMATION/PUBLIC UTILITIES continued SURROUNDING LAND USES: SURROUNDING ZONING: NORTH: Residential RS (Residential Single Family Dwelling) District EAST: Commercial, vacant GC -MD (General Commercial -Multiple Family Dwelling) District and GC-MD-2 (General Commercial -Multiple Family Dwelling-2) District SOUTH: Vacant GC -MD WEST: Residential RS COMPREHENSIVE PLAN: Activity Center OTHER PHYSICAL FEATURES: None STREETS: Dowlen Road - major arterial with a 100'right- of-way width and 4 lanes, divided. DRAINAGE: Curb and gutter WATER: 12" water line SANITARY SEWER SERVICE: 2711 sanitary sewer line FIRE PROTECTION: Fire protection is provided by Station #9, 7010 Gladys. ADEQUACY OF SERVICE: Services are adequate.