HomeMy WebLinkAboutPZ2025-144DATE: May 19, 2025
TO: Planning Commission and City Council
FROM: Deml En man, Director of Planning and Coin rn Lin ityDeve lopment
SU BJ ECT: To consider a request for approval of a sidewalk waiver.
FILE: PZ2025-144
STAFF REPORT
Nick FergIlson on behalf of the ITEX Group, LLC, request a waiver to the sidewalk requirement
for a new multi-fannily development at 4390 West Cardinal Drive.
Section 26,03.004(3) of the City's ordinances states, .'The planning and zoning commission may
rant a waiver to the side walk req uirem en t if th e applicant can prove th e t-e is an e n g in eerin g
reason for not installing a sidewalk. "' The applicant's letter cites the following:
1. TxDOT does not permit sidewalks within their right of way, which restricts our ability to
comply with the ordinance as originally intended.
2. if the sidewalk were moved behind the property line it would end abruptly at the DD6
ditch on the west side of the property rendering the sidewalk incomplete and
impractical. The ditch presents a significant physical barrier, further complicating the
sidewalks implementation.
3. On the east side of the property, there is a vacant lot with no connecting sidewalk and is
densely wooded This further complicates the COntinUity of pedestrian access, as it would
require additional adjustments that are not feasible WithOUt creating unnecessary
hardship.
The City's Traffic Engineer reviewed the request and does not support the waiver, noting that
the reasons provided do not constitute valid engineering barriers to sidewalk construction.
Although the original plan placed the sidewalk within TxDOT right-of-way, TxDOT denied that
location.
Planning Staff recommends denial of the request.
Exhibits are attached.
pre.
ITEX
Attention:
City of Beaumont
Planning and Zoning Deprirtment
P.O. Box 3827
Beaumont, rX 77704
Dear Members of the Planning and Zoning Board,
1 am writing to formally request a variance to eliminate the requirement for asidewalkas hart of
the development of the property located at 4390. W. Cardinal Dr. After careffil consideration of
(lie specific conditions surrounding the property, I befimrc that granting this variance would serve
tty ejjj,(l the C0111111tIll"ty.
he est i bntest ers of both the proper C I
"I"he request for this variance is primarily duc to the following factors:
1. TXDOT Right of Way: TXDO"1'(foes iiotperiiiitsicieN.valkswitliiiitheir- right of way,
which restricts our cal ility to comply with the ordinance as onginally intended.
2. DD6 Ditch on the West Side: If the side -walk were moved behind the property lire, it
would end abruPtly at the I ditch on the west side of the property, rendering the
sidewalk incomplete and impractical. The ditch presents a significant physical barrier,
further complicating the side walk's implementation.
3. East Si(le Conditions: 011 the cast side of the property, thereis a vacant lot with no
connecting sidewalk and is densely moded. "I"his further complicates the continuity of
pedestriffli access, as it would Require additional adjustments to the Property that are not
feasible witlimit creating unnecassary hardship.
Given these conditions, I respectfully request that the city gnant a variance to eliminate the
sidew,alk requirement for this property. Granting this variance will allow us to prescrve the
natural lands ape, including the trces, and address the challenges posed by the surrounding
wivironment. This approach ensures that we can develop the property in a manners that respects
both the ordinance's, spirit and the propurty's unique characteristics.
I appreciate your time and consideration of this request. PleCelSe
Feel free to contact me at (409)
782-6982 or Nick.Ferguson LM*1texgri).001).1 if you licave any questions or require additional
information. I look forward to your fa coral response.
THE ITEM{ GROUP, 11C
3735 Honeywood Q.
Port Arthur, TX 77642
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