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HomeMy WebLinkAbout703-BA DATE: July 14, 2016 TO: Board of Adjustment FROM: Adina Ward, Planner II SUBJECT: To consider a request for a variance to perimeter landscaping requirements. FILE: 703-BA STAFF REPORT Larae Tucker, on behalf of Vertical Construction Management, has requested a variance to the landscaping requirements at 3980 IH-10 South. Vertical Construction Management is proposing to build a Taco Bell restaurant at this location. As this is new construction with a parking lot adjacent to a right-of-way, a 6' landscaping buffer is required with 3' allowed to be in the right- of-way. The purpose of this landscaping buffer is, ". . . to protect the character and stability of residential, commercial, institutional and industrial areas, to conserve the value of land and buildings of surrounding properties and neighborhoods, to enhance the aesthetic and visual image of the community, . . and to assist with clean air." More specifically, the landscaping provides an aesthetic buffer for the parking lot. The neighboring gas station owns a perpetual easement within the applicant's property line, and the owner of the gas station will not agree to the placement of vegetation within their easement. The applicant states that the 3 feet of landscaping to be located on the public right-of-way should be sufficient to beautify the property. This particular right-of-way is not owned by the city of Beaumont, but by TXDOT (Texas Department of Transportation). It is unlikely that TXDOT will agree to any portion of the required 6' landscaping buffer to be placed within their right-of-way. The existing buildings and parking lot were built long before the current landscaping ordinance was created. Exhibits are attached. PUBLIC NOTIFICATION Notices mailed to property owners 3 . Responses in Favor . Responses in Opposition . LEGAL DESCRIPTION Being Tract 1A, Block 1, T.H. Langham Subdivision, Beaumont, Jefferson County, Texas, containing 0.68 acres, more or less. GENERAL INFORMATION/PUBLIC UTILITIES APPLICANT: Vertical Construction Management, Larae Tucker PROPERTY OWNER: VRE Beaumont, LLC LOCATION: 3980 IH-10 South EXISTING ZONING: LI (Light Industrial District) PROPERTY SIZE: 0.68 acres, more or less EXISTING LAND USES: Parking lot for the Holiday Inn FLOOD HAZARD ZONE: “X” - Areas determined to be outside 500- year floodplain SURROUNDING LAND USES: SURROUNDING ZONING: NORTH: Holiday Inn LI (Light Industrial District) EAST: Commercial LI SOUTH: Commercial LI WEST: Commercial GC-MD (General commercial - Multiple Family Dwelling District) COMPREHENSIVE PLAN: I-H 10/Walden Road Community Center STREETS: Interstate 10 S- Freeway with a 475' right- of-way and a 32’ access road pavement width. Walden Road - Major Arterial with a 145' right-of-way and a 80’ pavement width. DRAINAGE: Curb & gutter WATER SERVICE: 12” water line SANITARY SEWER SERVICE: 12" sanitary sewer line PROPERTY OWNERS NOTIFIED WITHIN 200' STEINHAGEN B A & MARY J THE PALACE AT PARK CENTRAL LLC PHCG INVESTMENTS