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HomeMy WebLinkAbout11-18-19PCminutes * M I N U T E S * JOINT PUBLIC HEARINGS PLANNING COMMISSION CITY COUNCIL City Council Chambers November 18, 2019 A Joint Public Hearing of the Planning Commission and City Council was held on November 18, 2019 and called to order at 3:22 p.m. with the following members present: Commission Members present: Chairman Sina Nejad Commissioner Bill Little Commissioner Roy Steinhagen Commissioner Shawn Javed Commissioner Taher Quaraishi Commissioner Tom Noyola Commission Members absent: Commissioner Eddie Senigaur Commissioner Lynda Kay Makin Commissioner Johnny Beatty Alternate Commissioner Sandy Pate Alternate Commissioner Cory Crenshaw Alternate Commissioner Marty Craig Councilmembers present: Mayor Becky Ames Councilmember Randy Feldschau Councilmember Audwin Samuel Councilmember Robin Mouton Councilmembers absent: Mayor Becky Ames Mayor Pro-Tem W.L. Pate Councilmember Mike Getz Also present: Chris Boone, Director of Planning and Community Development Adina Josey, Senior Planner Tyrone Cooper, City Attorney Fran Malvo, Recording Secretary 1 Planning and Zoning November 18, 2019 APPROVAL OF MINUTES The minutes for the month of October were not approved. REGULAR MEETING 1) Preliminary Plat –B&L Business Park, Section 2: Request for Preliminary Plat approval of B&L Business Park, Section 2, Beaumont, Jefferson County, Texas. Applicant: Soutex Surveyors & Engineers Location: The extension of B&L Lane south of Fannett Road Mr. Boone presented the staff report. B&L Business Park, Section 1 was approved by the Plan- ning Commission in November of 2018. The street for Section 1 is currently under construction. Soutex Surveyors & Engineers has requested Preliminary Plat approval of B&L Business Park, Section 2. The property is located north of Stivers Drive and south of Cardinal Drive on Fannett (Highway 124). The development is a twenty-six and twenty-eight one hundredths (26.28) acre, industrial business park located at the end of B&L Lane, currently under construction and con- sisting of 4 large lots. Sanitary sewer and water will be provided by extension of City of Beau- mont utilities along B&L Lane. A waiver was granted with Section 1 to allow a sixty (60)’ right-of-way. Given that the width of the proposed street meets code and that the length of the proposed street is limited, additional capacity is not anticipated. As the proposed lots are required to have adequate street frontage, “All lots shall abut a public or private street and shall abut the street no less than the required lot width for that lot…” Sec.26.03.007. Section 1 will need to be completed and filed before Section 2 may be filed for record at the Jefferson County Courthouse. Slides of the subject property were shown. The item was sent to all interested parties. Staff recommended approving the request with the following condition: 1. The final plat of Section 2 shall not be filed until Section 1 has been completed and filed for record. City of Beaumont Engineering is requiring the following conditions: 2. A twenty (20)’ wide drainage easement is required between Lots 3 & 4. 3. Add a junction box midway in the easement. 4. Add an overflow ditch (swale) within the easement alongside the proposed forty-two (42)” RCP. 5. Add a note that no structures may be built nor fencing installed within the 20’ wide drainage easement. 2 Planning and Zoning November 18, 2019 In accordance with Sec.26.03.012 of the Subdivision Regulations. Chairman Nejad stated that there are 2 cul-de-sacs. Mr. Boone responded that one cul-de-sac is a temporary turnaround. He added that everything will have to be installed, inspected, approved and accepted by the City of Beaumont before the plat can be recorded. If the bridge is built ac- cording to city standards as well as accepted by the city, the bridge will become public. The ap- plicant was present. Jeremy Mitchell, representing Soutex Surveyors & Engineers, 3737 Doctors Drive, Port Arthur, Texas, addressed the Commission. Mr. Mitchell stated that he understood the conditions that are required. He added that he wanted to clarify the bridge, which is 2 box cul- verts that are already installed and pavement needs to be installed over it. The bridge was an up- grade for Drainage District #6. No other questions or comments. The public hearing closed. Commissioner Little made a motion to approve the Preliminary Plat of B&L Business Park, Sec- tion 2. Commissioner Steinhagen seconded the motion. Motion to approve carried 6:0. JOINT PUBLIC HEARINGS Councilman Samuel called the Joint Public Hearings of November 18, 2019 to order and ex- plained the purpose of the Joint Public Hearing process. Councilman Samuel turned the meeting over to Chairman Nejad to conduct the Joint Public Hearings. 2) 2399-Z/P: Request for a Rezoning from A-R (Agricultural-Residential) and RS (Residential Single-Family Dwelling) to GC-MD-2 (General Commercial-Multiple Family Dwelling-2) Dis- trict, and a Specific Use Permit to allow retail and climate controlled storage. Applicant: Phuc Nhat Le Location: 4515 North Major Drive Mr. Boone presented the staff report. Phuc Nhat Le is requesting rezoning and a Specific Use Permit to allow retail and climate controlled storage at 4515 N. Major Drive. The proposed de- velopment would consist of twenty-one thousand (21,000) square feet of storage and twenty-four thousand five hundred five (24,505) square feet of retail space. Properties to the north and to the east, across N. Major Drive, are zoned GC-MD (General Commercial-Multiple Family Dwelling) or GC-MD-2 (General Commercial-Multiple Family Dwelling-2). A large number of apartments have been or are in the process of being constructed in this area. General retail and storage are both encouraged in such areas. Any other uses would require a subsequent Specific Use Permit once the property has been rezoned to GC-MD-2. Slides of the subject property were shown. Nine notices were mailed to property owners within two hundred (200) feet of the subject property. No responses were received in favor or in opposi- tion. Staff recommended approval of the requests for Rezoning and the Specific Use Permit. Chairman Nejad asked if the Fire Marshal had a chance to review the plans. Mr. Boone stated that the Fire Marshal did review them during a Pre-Development meeting but no response was received from him. Mr. Boone added that he believed the applicant did attend the Pre- 3 Planning and Zoning November 18, 2019 Development meeting with the Fire Marshal and Building Codes department. No other questions for Mr. Boone. The applicant was present. Nhat Phuc Le, 11100 Breeana Court, addressed the Commission. He stated that he would like to build a shopping plaza in order to accommodate the needs of the community. He added that he did attend a Pre-Development meeting with the Fire Marshal and Building Codes department a month prior to the Planning Commission meeting. He also added that during the meeting, he was advised to revise the plans of the shopping plaza and he revised the plans accordingly. Chairman Nejad asked were any additional fire hydrants re- quired. Charles Shajari of Benchmark Engineers stated that he met with Public Works, Water Utilities and the Fire Marshal and there were 6 fire hydrants present. He added that the detention pond was currently under review pending TXDOT. Commissioner Noyola asked Mr. Le what retail shops he intends to open. Mr. Le stated he was undecided, but added that it may consist of a shoe store, sandwich or coffee shop. Chairman Nejad stated that none of the particular busi- nesses mentioned are allowed for his current SUP. Mr. Boone replied that Mr. Le applied for re- tail, which consists of a clothing and or shoe store. He added that if a potential client would like to open a restaurant or bar, Mr. Le would need to reapply for another Specific Use Permit. Mr. Le stated he understood. Commissioner Quaraishi asked how many stories for the retail and stor- age building. Mr. Le responded the retail shop will be single story and the climate controlled storage facility will be 2 stories. No other questions or comments. The public hearing opened. Rick Davenport, 5635 Rebel Road, Vidor, Texas, addressed the Commission. Mr. Davenport ad- dressed concerns regarding traffic and fire hydrants. No other questions or comments. The public hearing closed. Attorney Tyrone Cooper advised Chairman Nejad that 2 separate motions must be made for the Rezoning and the Specific Use Permit. Commissioner Steinhagen made a motion to approve the Rezoning request from A-R (Agricultural-Residential) and R-S (Residential- Single Family Dwelling) to GC-MD-2 (General Commercial-Multiple Family Dwelling-2) Dis- trict. Commissioner Little seconded the motion. Motion to approve carried 6:0. Commissioner Steinhagen made a motion to approve the Specific Use Permit as requested for File 2399-Z/P with the following condition: 1. Final approval from Fire Marshal. Commissioner Javed seconded the motion. Motion to approve carried 6:0. 4) 57-HC: Request for a Historic –Cultural Landmark designation. Applicant: Pastor Robert Walker Location: 140 E. Threadneedle Street Mr. Boone presented the staff report. Pastor Robert Walker has applied for an HC-L (Historic- Cultural Landmark) Designation for the church located at 140 E. Threadneedle Street. The church was originally known as Highland Avenue Baptist Church and it was built between 1928 and 1931. The original address was 3455 Highland Avenue. The applicant has identified the structure to be eligible for HC-L (Historic-Cultural Landmark Preservation designation) due to its location and contributions over the years to the neighborhood and community as a whole. Pastor Walker states that the church is located within the historic area of South Park and is situ- ated just blocks away from the Historic South Park Middle School, which has a Texas Historical 4 Planning and Zoning November 18, 2019 Commission Marker No. 10566 and was issued in 1988. The church demonstrates a grand cele- bration of knowledge, college scholarships and community. It has continuously been cherished and valued by the surrounding neighborhoods. Its space has brought together visitors and diverse in backgrounds to learn and grow. The structure is distinguished by its thirty-five (35) foot tall ceilings and adorned with painted stained glass to enhance the design of the church. The stained glass is fused in most windows throughout the church. Slides of the subject property were shown. Mr. Boone briefly explained the HC-L (Historic- Cultural Landmark) Designation process. Staff recommended approval of the request. At a public hearing held on November 4, 2019, the Historic Landmark Commission voted 9:0 to approve the request. Forty-two (42) notices were mailed to property owners within two hundred (200) feet of the sub- ject property. No responses were received in favor and 2 were received in opposition. The applicant was not present. The applicant’s wife was present. Linda Walker, 140 E. Thread- needle, addressed the Commission. A very brief discussion was held regarding the process for the Historic Cultural Landmark Designation. Councilmember Mouton asked Mrs. Walker are they currently having church services at the church. Mrs. Walker replied they do have church services at the church. No other questions or comments. The public hearing closed. Commission- er Little made a motion to approve the request for a Historic-Cultural Landmark Designation as requested for 57-HC. Commissioner Steinhagen seconded the motion. Motion to approve carried 6:0. 5) 2401-P: Request for a Specific Use Permit to allow a dental office and professional office space in an PUD (Planned Unit Development) District. Applicant: SKSB Realty, L.L.C. Location: 6330 Delaware Street Mr. Boone presented the staff report. SKSB Realty, L.L.C. is requesting a Specific Use Permit to construct a new dental office at 6330 Delaware Street. The new eight thousand (8,000) square foot building would accommodate 2, four thousand (4,000) square foot offices. One is to be used as a dentist office and the other is to be used as professional office space. All necessary utilities are available and the proposed parking is sufficient for the proposed uses. The perimeter landscaping along Delaware Street must include a 3 foot high screen compro- mised of a wall, solid fence, berm or plant material. In addition, 1 class A or 2 class B trees are required for each twenty-five (25) linear feet or fraction thereof for the parking lot’s entire length. Slides of the subject property were shown. Mr. Boone stated that SUP’s (Specific Use Permits) are site plan specific. 5 Planning and Zoning November 18, 2019 Seventeen (17) notices were mailed within two hundred (200) feet of the subject property. One response was received in favor and none were received in opposition. Staff recommended approval of the request with the following condition: 1. Landscaping must meet the requirements of the Landscaping Ordinance. The applicant was present. Ron Cleveland, 6310 Delaware, addressed the Commission. Mr. Cleveland stated that he understood the condition required. Councilmember Neild addressed Chairman Nejad and asked Mr. Cleveland to clarify that the owner purchased the property before July, 2019. Mr. Cleveland stated the property was purchased in March, 2019. No other questions or comments. The public hearing closed. Commissioner Noyola made a motion to approve the request for a Specific Use Permit to allow a dental office and professional office space in a PUD (Planned Unit Development) District as requested for File 2401-P. Commissioner Quaraishi se- conded the motion. Motion to approve carried 5:0:1 (Nejad). 6) 2402-P: Request for a Specific Use Permit to allow a duplex in an RS (Residential Single Family Dwelling) District. Applicant: Jeff Akhtar Location: 8575 State Highway 105 Mr. Boone presented the staff report. Jeff Akhtar is requesting a Specific Use Permit to allow a duplex at 8575 Highway 105. The approximately five thousand (5,000) square foot building would be divided equally into 2 residences. Although the property is surrounded by single family homes in an RS (Residential Single-Family Dwelling) District, it is located on a busy major arte- rial street. Therefore, staff finds low density multi-family development to be acceptable for this location. Slides of the subject property were shown. Eleven (11) notices were mailed to property owners within two hundred (200) feet of the subject property. No responses were received in favor or in opposition. Staff recommended approval of this request. *Chairman Nejad stated that he failed to mention that he recused himself from item 2401-P.* Mr. Rick Davenport, 5635 Rebel Road, Vidor, Texas, addressed the Commission. Mr. Davenport stated he was a representative speaking on Mr. Akhtar’s behalf. He stated he was there to clarify any questions. Councilmember Mouton asked if each unit would be two thousand five hundred (2,500) square feet. Mr. Davenport clarified approximately two thousand (2,000) square feet. 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 a duplex in an RS (Residential Single- Family Dwelling) District as requested for File 2402-P. Commissioner Noyola seconded the mo- tion. Motion to approve carried 6:0. 6 Planning and Zoning November 18, 2019 7) 2403-P: Request for a Specific Use Permit to allow an RV (Recreational Vehicle) park in an LI (Light Industrial) District. Applicant: LaMonica, Ltd. To be dba Lakeway RV Resort Location: Northeast of Lakeway Drive along the IH-10 Feeder Road Mr. Boone presented the staff report. LaMonica, Ltd., to be dba as I-10 Lakeway RV Resort, is requesting a Specific Use Permit to allow an RV (Recreational Vehicle) park just northeast of Lakeway Driveway along the eastbound Interstate Highway 10 Feeder Road. The proposed RV Resort will consist of one hundred fifty (150) pad sites with fifty (50) AMP electrical and 4” sewer connections. The rental office will be staffed and open for business twenty-four (24) hours per day. Slides were shown of the subject property. Mr. Boone mentioned there is a separate RV (Recrea- tional Vehicle) Ordinance and explains what is required, he added that Staff’s recommendation will reflect what is required for the separate RV Ordinance. Seventeen (17) notices were mailed to property owners within two hundred (200) feet of the subject property. Eleven (11) notices were received in favor and no responses were received in opposition. Staff recommended approval of this request with the following conditions: 1. RV pad sites must meet ordinance requirements for size and setbacks. 2. Each RV site must provide an off-street parking space. 3. A minimum of 2 men’s and 2 women’s or 4 unisex restrooms and showers shall be provided. 4. Park shall be surrounded by an 8 foot tall solid, permanent screening fence. No questions for Mr. Boone. The applicant was present. Mr. James Broussard, 119 W. Circuit, addressed the Commission. He stated that he received six property owner notices from Staff and responded in favor of each request. He added that he understood the conditions. Commissioner Quaraishi asked Mr. Broussard what was Phase 1, 2 & 3. Mr. Broussard briefly explained. No other questions or comments. The public hearing closed. Commissioner Javed made a motion to approve the request for a Specific Use Permit to allow an RV (Recreational Vehicle) park in an LI (Light Industrial) District as requested for 2403-P. Commissioner Little seconded the motion. Motion to approve carried 6:0. OTHER BUSINESS None. THERE BEING NO OTHER BUSINESS, THE MEETING WAS ADJOURNED AT 4:03 P.M. 7