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HomeMy WebLinkAbout493-BADATE: March 20,2003 TO: Board of Adjustment FROM: Stephen C. Richardson, Planning Manager SUBJECT: Request for a variance to the required 10' landscape strip along the north, south and west property lines. FILE: 493-BA STAFF REPORT Housing 2000, Inc. is requesting a variance to the required 10' landscape strip along the north, south and west property lines of a proposed apartment complex to be built on a 7,36 acre tract of land in the 4600 block of N. Major Drive. The applicant states that plans for the 176 unit apartment complex were under review by I -IUD and the City as far back as March, 2001. According to a letter submitted to the developer by BMW Architects, no mention of a required 10' landscape buffer was made as late as December, 2002. The applicant states that all architectural plans, civil engineering plans and all other plans and specifications regarding this development have been finalized with no provision for the 10' landscape buffers. Due to the narrowness of the property, the applicant states that subtracting another 20' for landscaping would create a condition where the site could not physically comply with the Fire Code turning radius requirements. He also states that the 10' buffers would so limit available parking that the development could not comply with the City's minimum parking requirements. The applicant has secured a HUD insured mortgage loan for the 176 unit development and is subject to strict HUD time -lines. Because of these time -lines, the developer is in danger of losing that financing if required to install the 10' buffers. This loss of financing would result in terminating the development. The applicant shall have the burden of proof to demonstrate that all three conditions necessary for a variance have been met. Exhibits are attached. PUBLIC NOTIFICATION Notices mailed to property owners 16 . Responses in Favor . Responses in Opposition _. March 6, 2003 Board of Adjustment City of Beaumont RE: Application for Variance North Major Drive Site Beaumont, Texas Dear Members of the Board of Adjustment: Regarding the above referenced Application for Variunce, we hereby submit this letter for your consideration. The above referenced site is tinder contract for the development of a 176-unit apartment community. The plans for this development were originally reviewed by the City of Beaumont in March 2001 and closing was scheduled for 2002. For reasons beyond the control of the Applicant hereunder, the closing of the transaction was delayed into 2003. Within the last few weeks, it has come to our attention that City regulations require a 10- foot landscape buffer along the perimeter of the property, At no time prior to this time were we ever informed of this requirement. Our design architect, BMW Architects, Inc., has been in regular communication with City plan reviewers regarding this development and even as late as December 2002 no mention was made by City plan reviewers regarding this 10-foot landscape buffer.'''See attached letter from BMW Architects, Inc. to Fred Morgan of Breakwater Bay, Ltd. dated February 26, 2003. All architectural plans, civil engineering plans, and all other plans and specifications regarding this development have been finalized and with no provision for this new 10- foot landscape buffer. The peculiar shape of the site, being particularly narrow, demanded very creative site planning from the beginning. Enforcing the 10-foot landscape buffer would exacerbate this condition to the point of making the site unfit for development. The reality is that by reducing the site's width by 20-feet (10-feet on each side) creates a condition where the site could not physically comply with the Fire Code's turning radius requirements. Further, observance of the, 10-foot buffer would so limit available parking that the development could not comply with the City's minimum parking requirements, VW-i4-Z43 v 4 ; 0 4 pm r r om-4 A kAz r r.,rtm , it J I f O i 041�4,; , -. 4 ; , ­/ — ­­ AddLtionally, we have secured a mortgage loan for this development and are subject to the terms of the Lender's commitment and strict timelines therein. Any deviation from the Lender -approved site plan for 176 units would result in the automatic voidance of the Lf,-nder commitment. Further, even if the site's physical dimensions tent itself to alternative site plans, and even if Fire Code and minimum parking requirement did not w.xist, and even if resources were available to scrap the last 24-months worth of work and redraw the entire development taking into account the 10-foot landscape buffer, we simply do not have the time to do so. In short, if this variance is not granted, this development will terminate. In order for this development to continue, we ask the members of the Board of Adjustment to grant a variance allowing us to build according to our previously approved plans. Such plans require that we be allowed to pave over the 10-foot buffer and erect framed storage -units and cwports on a portion thereof. Thank you for your time and consideration. Sincerely, Fred Morgan, President Housing 2000, Inc. VIoi "u i I � - V I aii; r , r &—,'r o i e r. o , , . , . I W . , I � . ; I . . 11 . . . SMW ARMTECTS, INC. 728 A Coun" Place Drivi! Houston, Texas 77079 (241) 870-0908 February 26,2003 Mx. Fred Morgan Breakwater Bay, ITd. 6303 Beverly Hill,'Suitc 130 Houston, Texas 77057 Re: Rreakwatt-,r BUY APartmAt'; 11c constructk)n drawings for the alxwe reNrence project were begun in the spring of 2001 in a joint venture with Goulas and Associates and BMW Architects. On March 26, 2001 o plan review meeting was held at the Beaumont City Hall with the following in attendance: Tomasine Womack — Beaumont Development Services Manager Don Burrell — Vcau"wnt Building Official Boyd Meier — Beaumont Assistant RuildinV Official Churlcs Nichols — Beaumont Water Utilities Official Mark Horolir4t — ReaumontTrawportution Manager Rafael Miranda -- Seaumnt Civil Engineer Mark Goulas — Project ArchiNct Lupo Bravo — GouLi5 Associate 14:11'Purtin - 8rcoakwater Bay Representative At This meeting, the plans were reviewed by all and left lbr further review and cou=cws. During this meeting no comment was madc by any of the City of PkA-uwnt officials perta,ining to any required buffer -,wrw along the side and rear properly tines. During the following months, we received several conuncrits froth different Beaumont ofricials, reCarding the pLIM review. None ofthu comments referred to creating a bufl'cr 40ne of any type along the property lines. In December, I wa-i contacted by ai Beaumont plan reviewer and was told that becausc of the adjoining property Qwners, the city was requiring an S' tall solid Icacc to be built along the side and rear property line.,. Attain, there was no comment from the plain reviewer about 00y buffer Zone requirement. Fred Morgan February 26. 2W3 Page 2 If a buffer 7A)ne is now required by the City of l3eaurnont, then portions of the currcm plans arc of little or no u-se and will have to be altered extensively or complctcl), redesigned. The current site plan does not have 20' ol'r(x)m to lomm through the ccntcr of the property to accomrnodate;t 10' wide buffer none along (n. Ch side property line. Currently all of the rental buildings, except for one building, are a djs�tance of 55' or greater ftom the side property lines- A change of this magnitude will result in the proposed closing date not being tuck. and oonsi&-rahle monetary expense to aU involved. If you have any questions, pW so feel free to call. FILE 493-BA: Request for a variance to the 10' landscape buffer requirement along NORTH the north, south, and west sides of the property. Location: 4600 Block of N. Major Drive A& 'Applicant: Housing 2000, Inc. SCALE 111=200, �M-H 30 A" at Fly, -------- W-60 0, Zro Pool MAN/, 0 ----------- -- MM m ,I A h70/1 Pil GENERAL INFORMATION/PUBLIC UTILITIES APPLICANT: Housing 2000, Inc. PROPERTYOWNER: John Binks and Douglas Barlow LOCATION: 4600 block of N. Major Drive EXISTING ZONING: RM-H(Residential MUltinli-Fqn-J1 xxn-fll Highest Density) District PROPERTY SIZE: 7.369 acres, more or less EXISTING LAND USES: Vacant FLOOD HAZARD ZONE: "X" - Areas determined to be outside 500-year floodplain SURROUNDING LAND USES: SURROUNDING ZONING: NOWfl-L Residential, vacant A-R (Agricultural -Residential) District LAST: Major Dr., vacant GC-MD-2 (Gencral Commercial -Multiple Family Dwelling-2) District SOUTH: Residential, vacant A-R WEST: LNVA Canal, vacant A-R COMPREHENSIVE PLAN: Neighborhood Growth Unit OTHER PHYSICAL FEATURES: LNVA Canal to the west of the subject property STREETS: N. Major Drive - Primary arterial with a 150' right-of-way and 84'pavement width DRAINAGE: Open ditch WATER: N. Major Drive - 6" water line SANITARY SEWER SERVICE: N. Major Drive - 8" sanitary sewer line FIRE PROTECTION: Fire protection is provided by Station #8, 6297 Highway 105. ADEQUACY OF SERVICE: Services are adequate.