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HomeMy WebLinkAbout4-18-19PCminutes * M I N U T E S * JOINT PUBLIC HEARINGS PLANNING COMMISSION CITY COUNCIL City Council Chambers April 15, 2019 A Joint Public Hearing of the Planning Commission and City Council was held on April 15, 2019 and called to order at 3:07 p.m. with the following members present: Commission Members present: Chairman Sina Nejad Vice-Chairman Lauren Williams Mason Commissioner J.P. Colbert Commissioner Shawn Javed Commissioner Johnny Beatty Commissioner Bill Little Commissioner Lynda Kay Makin Commission Members absent: Commissioner Eddie Senigaur Commissioner Roy Steinhagen Alt. Commissioner Sandy Pate Alt. Commissioner Marty Craig Alt. Commissioner Cory Crenshaw Councilmembers present: Mayor Becky Ames Councilmember Audwin Samuel Councilmember Mike Getz Councilmember Virginia Jordan Councilmembers absent: Mayor Pro-Tem Robin Mouton Councilmember W.L. Pate Councilmember Bill Sam Also present: Adina Josey, Senior Planner Tyrone Cooper, City Attorney Fran Malvo, Recording Secretary 1 Planning and Zoning April 15, 2019 APPROVAL OF MINUTES Commissioner Makin made a motion to approve the minutes of the Joint Public Hearings held on March 18, 2019. Commissioner Little seconded the motion. Motion to approve the minutes car- ried 7:0. REGULAR MEETING 1) Replat-Lot 24 and Part of Lot 25, Unit “B” Tyrrell Park Addition: Request for approval of a Replat of Lot 24 and Part of Lot 25, Unit “B” into Lots 24A, 24B and 24C, Unit “B”, Tyrrell Park Addition, Beaumont, Jefferson County, Texas. Applicant: Mark W. Whiteley and Associates, Inc. Location: 5840 and 5850 Tyrrell Park Road and 5515 Seale Road Mrs. Josey presented the staff report. Thomas Rowe, on behalf of Mark Whiteley and Asso- ciates, has requested approval of a Replat of Lot 24 and Part of Lot 25, Unit “B” into, Lots 24A, 24B and 24C, Unit “B”, Tyrrell Park Addition, Beaumont, Jefferson County, Texas. The location of the subject property is 5840 and 5850 Tyrrell Park Road and 5515 Seale Road. The purpose of the replat is to create three (3) residential lots, all of which exceed the mini- mum lot area, depth and width requirements. Water and sewer are provided by the city. The property is located in flood zone “Shaded X” which is outside of the flood hazard. The Planning staff recommended approval of the request. Slides of the subject property were shown. Ten notices were mailed to property owners with- in 200 feet of the subject property. No responses were received in favor or in opposition. The applicant was present. Tom Rowe, representative of Mark Whiteley and Associates, 3250 Eastex Freeway addressed the Commission. Mr. Rowe stated that the utilities are there. No questions or comments for Mr. Rowe. Commissioner Little made a motion to approve the Replat of Lot 24 and Part of Lot 25, Unit “B” into Lots 24A, 24B and 24C, Unit “B”, Tyrrell Park Addition as requested. Vice-Chairman Mason seconded the motion. Motion to approve carried 7:0. 2) Replat-Lots 18 and 19, Country Oaks Addition: Request for approval of a Replat of Lots 18 and 19 into Lots 18A, 18B and 19A, Country Oaks Addition, Beaumont, Jefferson Coun- ty, Texas. Applicant: Faust Engineering and Surveying, Inc. Location: 10440, 10444 and 10450 Jordan Avenue Mrs. Josey presented the staff report. James Faust of Faust Engineering and Surveying, Inc. is requesting a replat of the Lots 18 and 19 into Lots 18A, 18B and 19A in the Country Oaks Addition on behalf of the property owner. The intent of this plat is to create 3 residential lots, all of which exceed the minimum lot area, depth and width requirements. The subdivision currently has water and sewer services that were installed during the construction of the 2 Planning and Zoning April 15, 2019 development. The proposed replat may require the abandonment of existing and installation of new services to serve the new lots. These costs will be assessed at the time of building construction. The property is located in flood zone “X” which is outside the flood hazard. Fourteen (14) notices were mailed to property owners within 200 feet of the subject property None were received in favor or in opposition. Slides were shown of the subject property. The Planning Staff recommended approval of the request. The applicant was present. No questions or comments for Mrs. Josey. Richard Faust representing Faust Engineering and Surveying, Inc., 5550 Eastex Freeway, Suite O, ad- dressed the Commission. Mr. Faust stated he was present to answer any questions. No ques- tions or comments for Mr. Faust. The public hearing opened and closed. Commissioner Little made a motion to approve the request for a Replat Lots 18 and 19 into Lots 18B and 19A, Country Oaks Addition. Commissioner Makin seconded the motion. Motion to approve carried 7:0. JOINT PUBLIC HEARINGS Mayor Ames called the Joint Public Hearings of April 8, 2019 to order and explained the purpose of the Joint Public Hearing process. Mayor Ames turned the meeting over to Chair- man Nejad to conduct the Joint Public Hearings. 1) File 2375-P: Request for a Specific Use Permit to allow a Gaming Room in a GC-MD (General Commercial-Multiple Family Dwelling) District. Applicant: Phong Truong To Location: 1425 College Street Mrs. Josey presented the staff report. Phong Truong To has requested a Specific Use Permit to allow a gaming facility with forty (40) games at 1425 College Street. The hours of opera- tion for the business would be 10 a.m. to 2 a.m. with a total of two (2) employees working different shifts. The applicant states that security will be provided during business hours. Gaming facilities that have five or fewer machines tend to be considered accessory in nature, when part of a primary use, and as such tend to result in fewer negative impacts on surround- ing land uses. However, larger game rooms with dozens of machines take on the scale of a small casino and as a result, require careful consideration as to their location and compatibil- ity with surrounding land uses. As such, proximity to parks, schools and especially residen- tial uses should be carefully considered in the review of gaming facilities. This proposed game room is adjacent to residential properties and near the Fletcher Mini- Park facility. Late hours, security concerns and excess traffic are reasons game rooms are not ideal in such close proximity to residential neighborhoods. There has been a history of police calls to this type of use. In addition, the site plan submitted does not comply with landscaping requirements. Slides were shown of the subject property. Seventeen (17) notices were mailed to property owners within 200 feet of the subject proper- ty. None were received in favor or in opposition. The applicant was not present. The public 3 Planning and Zoning April 15, 2019 hearing opened. No one spoke in favor of or against the request. The public hearing closed. Commissioner Makin made a motion to deny the request for a Specific Use Permit to allow a Gaming Room in a GC-MD (General Commercial-Multiple Family Dwelling) District as requested for File 2375-P. Vice-Chairman Mason seconded the motion. Motion to deny car- ried 7:0. 2) File 2376-P: Request for a Specific Use Permit to allow the expansion of a clinic in a RM-H (Residential Multiple Family-Highest Density Dwelling) District. Applicant: Hope Women’s Resource Clinic Location: 3740 Laurel Street Mrs. Josey presented the staff report. The Hope Women’s Resource Clinic requests to ex- pand their nonprofit organization by adding a 20’x80’ 3,200 square foot accessory structure in the rear yard of their property located at 3740 Laurel Street. The new structure will have rooms for classrooms, general storage and storage of their company bus. The bus will be used to provide free services to women with unexpected pregnancies or in crisis to rural areas of Jefferson County and surrounding areas. Slides of the subject property were shown. Thirty-four (34) notices were mailed to property owners within 200 feet of the subject property. None were received in favor or in opposition. Planning Staff recommended approval with the following conditions: 1. Water Utilities requires that an RPZ backflow preventer must be installed at the custom- er’s meter. The applicant was present. David Hill, representative of the Hope Women’s Resource Clinic, 60 Camp, Lumberton, Texas, addressed the Commission. Mr. Hill stated that he serves on the Board of Directors for the clinic. He stated that the organization is for women with unex- pected pregnancies and the expansion will serve as a covering for the bus. No other questions or comments. The public hearing closed. Commissioner Little made a motion to approve the request for a Specific Use Permit to allow the expansion of a clinic in an RM-H (Residential Multiple-Family Highest Density Dwelling) District as requested for File 2376-P with the following condition: 1. Water Utilities requires that an RPZ backflow preventer must be installed at the custom- er’s meter. Commissioner Colbert seconded the motion. Motion to approve carried 7:0. 3) File 2377-P: Request for a Specific Use Permit to allow a multi-family development in a GC-MD (General Commercial-Multiple Family Dwelling-2) District. Applicant: Zulag Properties, L.L.C. Location: 7155 Calder Avenue 4 Planning and Zoning April 15, 2019 Mrs. Josey presented the staff report. Zulag Properties, L.L.C. has requested a Specific Use Permit for the property located at 7155 Calder Avenue. They are requesting permission to es- tablish a multiple-family dwelling complex in the form of townhomes. These townhomes will be for lease only and will not be available for individual ownership. The complex will consist of sixteen (16) buildings with four (4) townhomes in each building, for a total of sixty-four (64) units. Planning staff recommends approval with the following conditions: 1. There must be a minimum of one van accessible handicap spot. However, it is preferable to provide one at each building. The southernmost building must have a designated park- ing area. 2. Provide a five (5) foot wide sidewalk along Calder Avenue. Slides of the subject property were shown. Twenty-five (25) notices were mailed to property owners within 200 feet of the subject property. Three (3) notices were received in favor and twelve (12) notices were received in opposition. Mrs. Josey read a few of the responses opposing the request. Discussion followed regarding the twenty percent rule. Chairman Nejad asked if the twenty percent rule only applies to Council. The Mayor replied yes. The applicant was present. Tahir Ashrafi, 8090 Turnberry Circle, addressed the Commission. Mr. Ashrafi stated that he is purchasing the property. He added that he would choose the apartment complex of the two applications. Chairman Nejad opened the public hearing. Ben Mazzara, 6310 Colton Lane addressed the Commission. Mr. Mazzara state his is the Executive Director for Calderwoods Senior Living Facility. Mr. Mazzara spoke against the rd request. Watt Ford, 2195 N. 23, addressed the Commission. Mr. Ford stated his family has owned the property since 1968 and that the traffic has never been an issue. Mr. Ford spoke in favor of the request. Wilson Wooten, 321 Pinchback Road spoke against the request. Marga- ret Whipkey, 355 Pinchback, spoke against the request. Drew Pope, 6845 Phelan Boulevard, a representative of Burns Properties addressed the Commission. Mr. Pope stated that he was representing the seller and buyer for the growth of Beaumont. He spoke in favor of the re quest. Patricia Mojica, 379 Pinchback, addressed the Commission and spoke against the re quest. The public hearing closed. Mr. Ashrafi responded to the negative responses. He stated that the request is good for the city of Beaumont. Commissioner Beatty asked the Commis- sion was there anything that the community would like to put in place of the apartment com- plex. Chairman Nejad stated that a discussion could not take place on the subject matter. Commissioner Makin made a motion to deny the request for a Specific Use Permit to a multi- family development in a GC-MD-2 (General Commercial-Multiple Family Dwelling-2) Dis trict as requested for File 2377-P. Commissioner Little seconded the motion. Motion to deny carried 7:0. 4) File 2378-P: Request for a Specific Use Permit to allow a multi-family development in a GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District. Applicant: Zulag Properties, L.L.C. Location: 7155 Calder Avenue 5 Planning and Zoning April 15, 2019 Mrs. Josey presented the staff report. Zulag Properties, L.L.C., is requesting a Specific Use Permit to allow a multiple-family Dwelling complex located at 7155 Calder. Mr. Muhammad Kapadia of Zulag Properties would like to construct a new apartment complex. The new com- plex will consist of eighty (80) apartments. The surrounding zoning consists of a mix of GC-MD, with an assisted-living community to the north and RM-H, with individually-owned townhomes to the east and southeast of the subject property. Slides were shown of the subject property. Mrs. Josey stated that the individuals that responded to 2377-P responded to 2378-P as well. She stated that she received a few responses from residents of Calderwoods against the request. Staff recommends approval with the following condition: 1. There must be a minimum of one van accessible handicap spot. However, it is preferable to provide one at each building. The southernmost building must have a designated park- ing area. 2. Provide a 5 foot wide sidewalk along Calder Avenue. Vice-Chairman Mason asked that since traffic was a main concern, could a traffic study be performed. Chairman Nejad stated that it would be a liability for the city. A brief discussion followed regarding the zoning of the subject property. The applicant was present. Tahir Ash- rafi, 8090 Turnberry Circle, addressed the Commission. Mr. Ashrafi stated that the townhomes will be a gated community. Commissioner Colbert stated he wanted to confirm that he did not deny the request because of no traffic light at the location. No other questions or comments. The public hearing closed. Vice-Chairman Mason made a motion to deny the request for a Specific Use Permit to allow a multi-family development in a GC-MD-2 (General Commer- cial-Multiple Family Dwelling-2) District as requested for File 2378-P.Commissioner Makin seconded the motion. Motion to deny carried 6:0. *Commissioner Beatty left the meeting before the motion was made.* 5) File 2379-Z/P: Request for a Rezoning from RS (Residential-Single Family Dwelling) to GC- MD-2 (General Commercial-Multiple Family Dwelling-2) District with a Specific Use Permit to allow a donut shop. Applicant: Faust Engineering and Surveying, Inc. Location: 460 East Threadneedle Street Mrs. Josey presented the staff report. Faust Engineering and Surveying, Inc. is requesting a rezoning and a Specific Use Permit to allow a donut shop at 460 Threadneedle. The property is currently zoned both GC-MD (General Commercial-Multiple Family Dwelling) District and RS (Residential Single-Family Dwelling) District. Mr. Faust would like to rezone the portion of the property that is currently RS to GC-MD-2 (General Commercial-Multiple Family Dwelling-2) with a Specific Use Permit to allow the donut shop. The portion of the property that is currently zoned GC-MD fronts on M.L. King Parkway. This portion of the property would not be large enough to accommodate a commercial busi- 6 Planning and Zoning April 15, 2019 ness. By rezoning the additional two (2) lots to GC-MD-2, the property will have sufficient room for the business, all of required off street parking and required landscaping as demonstrated on the site plan. Slides of the subject property were shown. Thirty-two (32) notices were mailed within 200 feet of the subject property. One response was received in fa- vor and one response was received in opposition. Staff recommended approval with the following condition: 1. Construction plans must meet all requirements by Water Utilities for water and sanitary sewer services, including requirements of the City’s pre-treatment program. The applicant was present. Richard Faust, 5550 Eastex Freeway, Suite O, addressed the Commission. Brief discussion followed. Clarissa Brent, Express National Services Group, L.L.C., 2307 North Street, Suite 109, addressed the Commission. Ms. Brent stated that her firm is working with Faust Engineering and Surveying, Inc. She spoke in favor of the request. Charlie Crabbe, 928 East Drive, addressed the Commission. Mr. Crabbe did not speak against the request but stated that he would like a privacy fence installed on the property to not disturb neighbors. Mrs. Josey stated that installing a privacy fence on commercial property is a standard requirement by the City, but the request could also be a condition if the Commission desires to do so. Mr. Faust commented that it is noted on the site plan that an eight (8) foot opaque fence or wall shall be erected and maintained along the property line to provide visual screening. No other questions or comments. The public hearing closed. Commissioner Makin made a motion to approve the request for a Rezoning from RS (Residential Single-Family Dwelling) to GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District with a Specific Use Permit to allow a donut shop as requested for 2379-Z/P with the following condi- tion: 1. Construction plans must meet all requirements by Water Utilities for water and sanitary sewer services, including requirements of the City’s pre-treatment program. Vice-Chairman Mason seconded the motion. Motion to approve carried 6:0. OTHER BUSINESS None. THERE BEING NO OTHER BUSINESS, THE MEETING WAS ADJOURNED AT 4:10 P.M. 7