HomeMy WebLinkAbout709-BA
DATE: December 1, 2016
TO: Board of Adjustment
FROM: Chris Boone, Director of Planning and Community Development
SUBJECT: To consider an appeal of the Engineering & Planning staff’s interpretation of
Section 28.04.002 as allowed in Section 28.02.005(c) of the City of Beaumont
Zoning Ordinance.
FILE: 709-BA
STAFF REPORT
Mr. Nathan M. Brandimarte of Orgain Bell & Tucker, LLP, on behalf of the Steinhagen Family,
has asked that the Board hear an appeal of a decision made by the Engineering & Planning
Division staffs.
Section 28.02.005(c) of the Beaumont, Texas Code of Ordinance allows for such an appeal and
states:
Appeal process. Appeals to the board can be taken by any person aggrieved or by an officer,
department, or board or bureau of the municipality affected by any decision of the administrative
officer. Such appeal shall be taken within a reasonable time after the decision has been rendered
by the administrative officer, by filing with the officer from whom the appeal is taken and with
the board, a notice of appeal specifying the grounds thereof. The officer from whom the appeal is
taken shall forthwith transmit to the board all the papers constituting the record upon which the
action appealed was taken.
Taco Bell has submitted plans and been approved to permit a new restaurant on the property they
recently purchased at 3890 Interstate 10 South. The property is located in the parking lot of the
Existing Holiday Inn Hotel & Banquet Hall, adjacent to the Shell convenience store owned by the
Steinhagen Family. Also, the Steinhagen Family reserved the right to develop a city street along
the North property line through a platted easement and deed.
Section 28.04.002(a)(6)(B) of the Beaumont, Texas Code of Ordinance contains the Off-street
parking requirements. Given that this restaurant shares parking with other uses in this
development, a parking analysis was done and found the following:
Hotel - Parking Group #1: one space per room @ 252 rooms = 252
Convention Center - Parking Group #14: 24,000 sq. ft. @ 1/300 sq. ft = 80
Taco Bell - Parking Group #26: 1 space per each 4 seats or 1 space/50 sq. ft. of customer
service area = 20 and a net loss of 36 spaces where the new restaurant will be built.
In addition, the Steinhagen Family holds the rights to a perpetual easement giving them the right
to develop a city street along the west property line of what is now the hotel property. The hotel
currently has 47 parking spaces located in this easement. Therefore, 47 spaces were also
subtracted from the total number of available spaces.
A total of 352 spaces are needed for all uses. The final development will have 415 spaces, with a
difference or margin of 63 extra spaces.