Commission denies sidewalk-waiver request for multifamily project on West Cardinal Drive

The Beaumont Planning and Zoning Commission on May 19 denied a developer's request for a waiver of the city's sidewalk requirement for a proposed multifamily development at 4390 West Cardinal Drive.

Planning staff told the commission the city's ordinance (Section 26.030.004, Part 3) allows the commission to grant a sidewalk waiver only for engineering reasons. The applicant, represented by Nick Ferguson, cited three constraints: TxDOT does not permit sidewalks within its right of way along the frontage; a drainage ditch on the west side would leave any sidewalk ending abruptly; and a vacant, densely wooded lot to the east would prevent immediate connectivity. The city's traffic engineer reviewed the submittal and did not find the reasons to constitute valid engineering barriers. Staff recommended denial.

Ferguson said the developer had initially begun work and removed rebar after TxDOT signaled objections; he also noted a 15-foot utility easement along the south side of the property for Southwestern Bell. Commissioners asked whether sidewalks could be installed on private property and probed safety concerns given expected future development near the wooded lot. After brief discussion a commissioner moved to deny the waiver; the motion was seconded and carried by voice vote.

The denial leaves the developer to either pursue a sidewalk placed on private property, secure TxDOT approval for installation in the TxDOT right-of-way, or redesign the frontage to meet the city ordinance. Staff had sent property-owner notices and the item was considered during a regular planning commission session.