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Home My WebLink AboutPZ2025-99DATE: June 5., 2025 TO: Board of Adjustment FROM: E|aynaLuckey Planner SUBJECT: To consider a request for a Variance to the landscaping of off-street parking requirements. STAFFRPPORT Brad Wilson is reqUesting a Variance to eliminate the tree requirements within the landscaped off-street parking area at3U25 N Dowlen Street, H-E-B plus!. The property is zoned GC -MD (General Commercial — Multi Family Dwelling), Section 28,04.006(h) of the City of Beaumont Code of Ordinances, Landscaping of off- street parking requirements (1)(A) statesf "Anyporking lo/orportion thereof which is to contain twenty (20) ormore parking spaces shall provide permanently landscaped areas consisting of islands, peninsulas, or medians within the parking orea..."UU"Sites having more than one hundred (100) parking spaces- One (la ndscap ed island, pen insula,o/media nper ten(10) parkin g spoces is req uired.."(W"Ea ch islandor peninsula required herein shall otminimum contain one (1) class Aor two (2) class Btrees. ^ The class Atrees that were installed as part of the original landscaping plan mnetured to such a size that the roots outgrewtheaneaa#ondedtothembvthelandsoapedis|andsandhavesincebeennemnoved.W4cVVi1son would like toreplace the class Atrees with smaller shrubsdue tothe likelihood ofthe larger caliper class A The applicant shall have the burden of proof to demonstrate that all three conditions necessary for approval have been met: A) That the granting ofthe Variance will not becontrary tothe public interest; B) That literal cnforcementofiheordinancevNUresult|nunneces aryhardshipbecauseof exceptional narrowness, shallowness, shape topography or other extraordinary or exceptional physical situation or hardship physical condition unique tothe specific piece of property in question. "Unnecessary hardship"" shall mean physical hardship relating to the property itself. The following may also be considered when determining "unnecessary handshio^: (i) The cost of compliance with the zoning ordinance is greater than fifty (50) percent of the appraised value ofthe structure asshown onthe most recent certified appraisal roll; (ii)Oompliame would result lnaloss tothe lot onwhich the stmctureis located nfatleast twenty-five (25) percent of the area on which development may physically occur; (111) Compliance w/ou|d result in the structure not in compliance with a requirement of another city ordinance, building code, or other requirement; Uv Compliance would result inthe unreasonable encroachment onanadjacent property or easement; or (v)The city considers the structure tobeanonconforming structure. Asdistinguished from e hardship relating to convenience or caprice, and the hardship mostnot result from the applicant's or property owner's own actions; C) That by granting the Variance, the spirit of the ordinance will be observed, and substantial justice will bedone. Exhibits are attached. PUBLIC NOTIFICATION Notices mailed toproperty owners 43�__ Responses in Favor 1. Responses in Opposition LEGAL DESCRIPTION Be i ng Lot 1, Tract 1,B|ock 1,,HEBGroce ryAdd ition, Bea umo nt,]effe rsonCountKTexa s, co ntaining 23.560 GENERAL INFORMATION/PUBLIC UTILITIES APPLICANT: PROPERTY OWNER: LOCATION: EXISTING ZONING: PROPERTY SIZE: EXISTING LAND USES: FLOOD HAZARD ZONE: SURROUNDING LAND USES: Brad Wilson Ben Scott 3025 N Dowlen Road GC -MD (General Commercial — Multi Family Dwelling) —23.564 acres Commercial X — Area determined to be outside the 500- year flood plain NORTH: Commercial GC -MD (General Commercial — Multi Family Dwelling) EAST: Commercial GC -MD SOUTH: Vacant R-S (Residential Single -Family Dwelling) WEST: Residential R-S COMPREHENSIVE PLAN: Neighborhood Growth Unit STREETS: Dowlen Road — Major Arterial - Suburban with a 100' right-of-way and 70' pavement width. Delaware Street — Major Arterial - Suburban with a 100' right-of-way and 75' pavement width. DRAINAGE: Curb and Gutter. WATER: "water line. SANITARY SEWER SERVICE: 12 110 sanitary sewer line. PROPERTY OWNER NOTICES SEAT WITHIN " IRVING ROBERT C LANDRY RODNEY C & AVA FISHER DARRELL L & SARAH E HAYES MICHAEL & TAMMY WEI BUYING ESSEX SAM B &ROSE AfVNE PUNAY EDGAR & CHERYLE HIXSON LIVING TRUST BUDGET PROPERTIES LLC MONGA RAJAH & SHALIIVI JI JUNMIN (TD) DIEP DAN1EL & CANH THI SPACEK REAL PROPERTY MANAGEMENT LLC LIU L1HUA & XIANGYANG LEI GUILLORY LESLIE WAYIV {LIFE ESTATE} RENFRO ERIC HAN ME1 M & GOSS HENRY N III & AMANDA BURDEN BRIAN & CARROLL BRIGG5 LOUNSBERRY ROBERT EDWARD EBUH JOEL ONYERO KRISHNAN RAJAH & SUNITHA (TD) WILfiIdGE DONNA F MAYS AMANDA & 11Dl PROPERTY DOWLEN RR CHURCH OF CHRIST SUMMIT AT WOODHAVEN LLC COMMUNITY BANK AND TRUST SSB GEM JEWELRY CO OF BEAUMONT INC AGREE SHELF PA LLC SPIRIT MASTER FUNDING X LLC DEVIL DUST LLC PLOW REALTY LP PS LPT PROPERTIES INVESTORS JEFFERSON COUNTY DRAINAGE DIST 57EWART JERALD S & CAROLYN SPACEK REAL PROPERTY MANAGEMENT LLC LUMPKIN GREGORY D & AL.ICE M ARZ REAL ESTATE HOLDING LLC 2750 I H 10 E LLC 168 MURPHY LLC B L INVESTMENTS LLC H E B GROCERY COMPANY LP BEAVMC3NT Planning & Community Development Case Type:Planning ard Zoning Case Status: PAY FEES Case Sub Type: Variance Tag Name: Landscape Ordinance Variance Request - Case #: PZ2025-99 Removal of Dead Trees Location: 3025 N DOWLEN RD, BEAUMONT, 77706 Initiated On: 312712025 9:37.12AM Individuals listed on the record: Applicant Brad Wilson Home Phone: 425 Sawdust Road Work Phone: Spring, TX 77380 Cell Phone, 2109125816 E-Mail: wilson.brad@heb.com Property Owner Ben Scott Home Phone: 646 S. Flores Street Work Phone: San Antonio, Tx 78204 Cell Phone, E-r ail: scott.ben@heb.com Type of Variance: Variance Legal Description LT 1 TR 1 BLK 1 HEB GROCERY 23.564AC That the granting of the variance will Trees that are currently on site that have died since planting currently not be contrary to the public interest provide more negativity than public good. The landscape areas that currently house the dead trees will not be removed or adjusted in any other way, and may be replaced with smaller shrubs that are better able to thrive in the landscape islands. That literal enforcement of the If the currently dead trees are replaced by trees of the same type, it ordinance will result in unnecessary is likely that they will die again. The landscaped islands do not hardship provide enough area to properly maintain the root balls of the trees once they reach aGertain level of size and maturity. Replacement of the dead trees by more trees will be a repeating financial commitment that will likely continue to cycle every few years. That by granting the variance, the The landscaped islands and irrigation will still exist, thus the green spirit of the ordinance will be observed spaces on site will be maintained. Consistency with codes regarding and substantial justice will be done green spaces and parking lot layouts will still be maintained, and the owner will not be subjected to repeated maintenance and financial obligations that come with trees dying at regular intervals. Notes: Case Type: Planning and Zoning Page I of I Case #: PZ2025-99 Printed On: 412/2025 COMMERCIAL REAL ESTATE DEVELOPMENT City of Beaumont Planning and Coniniunity Development Department 801 Main Street Deauniont, TX 77701 03/21/2025 RE: Landscape Requirement Variance for IIEB Site, located at 3025 Dowlen Road, Beauniont, TX 77701. To whom it may concern, The intent of this letter is to rcquest a variance from the City's landscape ordinances, specifically rcgarding section 28.04.006j.8. During initial devc1opment of the site, trees within landscape islands were installed as required and approved by the City per the City's standards. Irrigation lines were installed accordingly. All standard, reasonable efforts were made to care for and maintain the landscape trees since construction. However> as a nuiubei- of trees throughout the site reached their current size and inaturity levels, they were unable to remain healthy and their removal has become necessary. The property owner requcsts that a variance to C.ity cede 2 8.0 4.0 0 6j. 8 be granted in order to avoid a repeated 111ai 11tenalic e issue. The owner requests that the trees not be required to be replanted. If the trees are replaced as stated by code, it is likely that they will once again die once they reach a certain age and size as their root balls will outgrow the area afforded to them by the laiidscape islands. Thank you for your consideration. Please let me know if you have any questiwis. Best Regards, Brad Wilson, PE Wilson.brad Alieb.corn 713-460-6642 Mailing Address www.HEBDevelopment.com Physical Address H-E-B H-E-13 P.O. Box 839955 646 S. Flores San Antonio, TX 78283-3955 San Antonio Texas 78204 Attn- Shopping Center Development > 0 �R� � S�, �1�7a = T jtM 4 Os a$ ae T.A 5 Ellup-Z I 1 - I 'i WEN 7f, 9t I Ito KZIZJF. 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