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Home My WebLink About1-27-20PCminutes * M I N U T E S * JOINT PUBLIC HEARINGS PLANNING COMMISSION CITY COUNCIL City Council Chambers January 27, 2020 A Joint Public Hearing of the Planning Commission and City Council was held on January 27, 2020 and called to order at 3:20 p.m. with the following members present: Commission Members present: Chairman Sina Nejad Commissioner Johnny Beatty Commissioner Shawn Javed Commissioner Lynda Kay Makin Commissioner Tom Noyola Commissioner Taher Quaraishi Commissioner Eddie Senigaur Commissioner Roy Steinhagen Alternate Commissioner Marty Craig Alternate Commissioner Cory Crenshaw Alternate Commissioner Lauren Williams Mason Commission Members absent: Commissioner Bill Little Councilmembers present: Mayor Becky Ames Mayor Pro-Tem W.L. Pate Councilmember Taylor Neild Councilmember Mike Getz Councilmember Audwin Samuel Councilmember Robin Mouton Councilmembers absent: Councilmember Randy Feldschau Also present: Chris Boone, Director of Planning and Community Development Adina Josey, Senior Planner Katrina Purcell, Planner I Tyrone Cooper, City Attorney Catherine Allen, Recording Secretary 1 Planning and Zoning January 27, 2020 APPROVAL OF MINUTES Commissioner Senigaur moved to approve the minutes of the Joint Public Hearings held on Oc- tober 21, 2019 and November 18, 2019. Commissioner Makin seconded the motion. Motion to approve the minutes carried 7:0. REGULAR MEETING 1) Replat - Cardinal RV Parks: Request for a Replat of a portion of Lots 3 and 6 of the Annie T. Warren Subdivision and all of Lot 2, Block 1 of Cardinal Square into Cardinal RV Parks Lot 1, Beaumont, Jefferson County, Texas. Applicant: Scott Brackin of Access Surveyors, L.L.C. Location: 2575 W. Cardinal Drive Mr. Boone presented the staff report. Scott Brackin, on behalf of Access Surveyors, L.L.C., has requested approval of a Replat of a portion of Lots 3 and 6 of the Annie T. Warren Subdivision and all of Lot 2, Block 1 of Cardinal Square, Beaumont, Jefferson County, Texas. The property is located at 2575 W Cardinal Drive. The purpose of the replat is to combine three (3) pieces of property for the construction of an RV Park. Water and sewer are provided by the city. The property is located in flood zone X which is outside of the flood hazard. Slides of the subject property and site plan were shown. Three notices were mailed to property owners within two hundred (200) feet of the subject property. No responses were received in fa- vor or in opposition. Staff recommended approving the request. The commission had no questions for staff. The applicant was not present. The public hearing opened and closed without comment. Commissioner Makin moved to approve a Replat of a portion of Lots 3 and 6 of the Annie T. Warren Subdivision and all of Lot 2, Block 1 of Cardinal Square into Cardinal RV Parks Lot 1, Beaumont, Jefferson County, Texas. Commissioner Senigaur seconded the motion. Motion to approve carried 7:0. 2) Replat - Ridgecrest Lots 8A, 8B & 9, Block 5: Request for a Replat of Lots 8A, 8B & 9, Block 5, Replat of Ridegcrest Subdivision, Unit 4 into Lots 8Z & 9Z, Block 5, Ridgecrest Subdivision, Unit 4, Jefferson County, Texas. Applicant: Allen and Terri Runte Location: 12655 & 12665 Ridgeleigh Drive Mr. Boone presented the staff report. Allen and Terri Runte have requested approval of the Replat of Lots 8A, 8B, & Lot 9 of Block 5 out of previously Replated Lots. Ridgecrest 2 Planning and Zoning January 27, 2020 Subdivision, Unit 4, Beaumont, Jefferson County, Texas, was filed for record in June of 2016. A Replat was filed later that year dividing Lots 8 & 9 into three (3) Lots. The intention of this Replat is to basically return to the original configuration of Lots. Both lots meet the minimum lot requirements for residential property. The property is located at 12655 and 12665 Ridgeleigh Drive in the City’s extraterritorial jurisdiction. Slides of the subject property and site plan were shown. Twelve notices were mailed to property owners within two hundred (200) feet of the subject property. No responses were received in fa- vor or in opposition. Staff recommended approving the request. The commission had no questions for staff. The applicant was present. Terri Runte, 12665 Ridgeleigh Drive, addressed the commission. Ms. Runte stated that she did not have any further information beyond what was presented in the staff report. The public hearing opened and closed without comment. Commissioner Noyola moved to approve a Replat of Lots 8A, 8B & 9, Block 5, Replat of Ride- gcrest Subdivision, Unit 4 into Lots 8Z & 9Z, Block 5, Ridgecrest Subdivision, Unit 4, Jefferson County, Texas. Commissioner Makin seconded the motion. Motion to approve carried 7:0. 3) 904-OB: Request for a sidewalk waiver. Applicant: Robert Hulbert, P.E. Location: South of the proposed driveway for 6030 N. Major Drive Mr. Boone presented the staff report. Robert Holbert, P.E., is requesting a waiver to the require- ments for a sidewalk at 6030 N. Major Drive. Reasons for the request include an emergency storm water overflow that connects to the existing TXDOT roadside ditch. Construction of a sidewalk would require a culvert at the overflow. Mr. Holbert states that the additional construc- tion would add approximately $4,500 to the project costs. With regard to the waiver, the ordinance states: (3) The planning and zoning commission may grant a waiver to the sidewalk requirement if the applicant can prove that there is an engineering reason for not installing a sidewalk. (Chapter 26, Section 26.03.004 (3)) Although a letter has been submitted from an engineer, City Engineering has reviewed the re- quest and states, “I consulted with TxDOT regarding the sidewalk variance request. We have agreed that the proposed sidewalk will not negatively impact the area, and the cost associated with it’s installation is insignificant when compared to the cost of the entire project. The side- walk variance request is denied.” Slides of the subject property were shown. A letter from the applicant was read. 3 Planning and Zoning January 27, 2020 Staff recommended denial of the request. Chariman Nejad asked if the cost estimates were determined by City Engineering or the appli- cant. Mr. Boone responded that the cost estimates were determined by the applicant. The commission had no further questions for staff. The applicant was not present. Commissioner Senigaur moved to deny the request for a sidewalk waiver. Commissioner Makin seconded the motion. Motion to approve carried 7:0. JOINT PUBLIC HEARINGS Mayor Ames called the Joint Public Hearings of January 27, 2020 to order at 3:30 pm and ex- plained the purpose of the Joint Public Hearing process. Mayor Ames then turned the meeting over to Chairman Nejad to conduct the Joint Public Hearings. *Commission Javed arrived to the meeting at 3:30 pm. 4) 2397-P: Request for an Amended Specific Use Permit to allow the expansion of a bar, Little Woodrow's, in a GC-MD (General Commercial - Multiple Family Dwelling) District. Applicant: L.W. Beaumont, L.L.C. Location: 6210 Phelan Boulevard Mr. Boone presented the staff report. L.W. Beaumont, LLC received a Specific Use Permit to allow a sports bar at 6210 Phelan Boulevard in October 2018. The plans called for the use of the interior space as well as a covered area. An application for a building permit was submitted for the restaurant/bar which included a 4,024 square foot interior area and a 2,912 square foot cov- ered patio area, with no exterior seating shown.  The registered design professional, H.M. McLeod, estimated the occupancy at 395 which was within the 428 max occupant allowance ac- cording to the 2015 International Building Code.  Following interior demolition of the space, permit #18-3843 was approved for the restaurant/bar. During a final inspection, unapproved changes/alterations were found that were not shown on the original, permitted plan set. The major change from the original approved plan submission was the expansion and improvements to the grassy area outside of the covered patio area.  A fence was extended to allow for additional customer seating and customer activities. This addi- tional customer area required additional means of egress within the fenced in area.  This required multiple conversations with the design professional as the owner was concerned about controlled access to his business versus the required emergency egress to meet code.  Multi- ple plan revisions were submitted for consideration.  Three occupant loads were specified by the applicant’s design professional for the tempo- rary occupancy of the building.  The interior building was calculated at 200 people, the outside covered patio was calculated at 209 people, and the uncovered grass area was calculated at 381 people.  Also, during the plan revision process further discussions revealed that Little Wood- row’s was operating as more of a bar which served food, rather than a bar/restaurant.  This re- 4 Planning and Zoning January 27, 2020 classification of use would require Little Woodrow’s to add additional plumbing fixtures to the facility.  An application for a new building permit was submitted by Classic Construction to add ten addi- tional bathroom fixtures and four additional lavatories to meet a new proposed occupancy count of 700.  The permit was placed on hold for consideration by the Planning Commission and City Council.  Little Woodrow’s is located at the southeast most tip of the Colonnade Shopping Center. As a requirement for the original Specific Use Permit, screening and a masonry wall were installed. The new addition will be approximately 1,500 square feet and include new cooler/storage space and additional restrooms to accommodate the additional occupancy and seating area. This addi- tion will be located along the east side of the building providing an additional buffer from noise for the adjacent residential neighborhood. With regard to parking, it should be noted that concerns have been raised by other tenants about the availability of adequate parking. It should also be noted that the calculation of occupancies is set forth in the Building, Fire and Plumbing Codes, whereas the calculation of required off-street parking is set forth in the Zoning Ordinance, reviewed by the Engineering Department. A park- ing analysis was conducted as part of this revised Specific Use Permit. It found that while de- mand for the parking spaces at the interior of the shopping center is high, the minimum of spaces has been provided at the shopping center, albeit some spaces are located farther afield at the pe- rimeter of the shopping center. At a Joint Public Hearing held on October 21, 2019, the Planning Commission recommended 5:0 to approve the request for a Specific Use Permit to allow the expansion of a bar in a GC-MD (General Commercial-Multiple Family Dwelling) District with the following conditions: 1. Install an eight foot (8’) tall opaque perimeter fence. 2. Keep litter in direct area of subject property contained. 3. No live music allowed. The Zoning Ordinance states, “The City Council shall not amend, supplement, change, modify or repeal any regulation, restriction or boundary or approve a Specific Use Permit where a protest against such change (has been filed), signed by the owners of twenty percent (20%) or more ei- ther of the area of the lots included in such proposed change or of the lots or land immediately adjoining the same and extending two hundred (200) feet therefrom, except by the favorable vote of three-fourths (3/4) of all the members of the City Council.” Protest against this request was received from more than 25% of the land immediately adjoining the subject property. Therefore a vote of three-fourths (3/4) of the City Council shall be required to approve the requested Specific Use Permit. In an effort to mitigate the impact of the business on surrounding land uses, the applicant has of- fered to limit the number of occupants to four hundred (400). 5 Planning and Zoning January 27, 2020 At the December 10, 2019 City Council Meeting, it was noted that the site plan did not accurate- ly reflect the parking layout. Council voted to request a revised site/parking plan and send the item back to the Planning Commission for review. Engineering has reviewed the revised parking plan and found that the minimum number of required parking for the shopping center is four hundred five (405) and with some minor mod- ifications to the proposed parking layout it appears that this minimum parking requirement can be provided. The Engineering Division will need to review and approve the final parking lay- out. Slides of the subject property and revised site plan were shown. Staff recommended approval of the request with the following conditions: 1. Install an eight foot (8’) tall opaque fence along the east property line of the shopping center. 2. Keep litter in direct area of subject property contained. 3. No live music allowed. 4. Occupancy be limited to 400 persons. 5. Provision of a minimum of four hundred five (405) parking spaces at this shopping center, with final design to be approved by the Engineering Division. 6. Provide a minimum of twenty (20) parking spaces dedicated, through signage, to the adjacent tenant. The applicant was present. Robert Wilson, 3711 Briarpark, Houston, addressed the commission. He stated that a contract has been negotiated concerning the fence and that he will work with the residential neighbors. He also stated that the business has made great steps in litter pickup. Mr. Wilson confirmed that the business has stopped having live music. He stated that the occupancy is the same amount as the original application and that they have provided a revised site plan. He stated that they have added 8 parking spots with signage and the contract for this has been pro- vided. Commissioner Makin asked what the hours of operation are. Mr. Wilson responded that they are 2 p.m. to 2 a.m. and that they neighboring business closes at 7 p.m. Chairman Nejad asked if there have been complaints from other tenants in the center and Mr. Wilson replied that there have not. Mr. Wilson also mentioned that speed bumps will be added. The public hearing on this item was opened. Marcia Cavett, 6220 Phelan, representing Basic Foods, addressed the commission. She provided a packet of information to the commission. She stated that they requested 18 additional parking spaces for her business and that Little Wood- row’s and the landlord have marked these spaces. She expressed concern that 4 bars in the center may attract violence which she feels is a current problem in the city. She reported an incident of people banging on the windows at Basic Foods and also mentioned a report of gunfire in the parking lot. Having exceeded her 3 minute time limit, Chairman Nejad allowed her an additional 2 minutes with the commission’s approval. Ms. Cavett stated that glass and pet waste are also a problem in the parking lot. She stated that it could be a legal issue for the city that there was a 6 Planning and Zoning January 27, 2020 discrepancy in the original application about occupancy requirements. She also reported a busi- ness loss of $100,000 in the last four months. Discussion was held between the commission, council and Ms. Cavett concerning the parking spots and the effect of the other bars in the shopping center. Mayor Ames asked Ms. Cavett if the proposed conditions and efforts by Little Woodrow’s have satisfied her concerns or what would make her more comfortable moving forward. She expressed ongoing concerns about the permit- ting process and safety but that she will leave the decision to the commission and council. Com- missioner Javed asked if the parking changes have helped her business revenue and she respond- ed that it was too soon to tell. Discussion followed about the number of parking spaces and oc- cupancy requirements and an agreement that the owner and tenant had worked out separate from the city conditions. Margaret Carter, 1520 Rikisha Ln, addressed the commission. She spoke in support of Basic Foods and its benefit to the community. She stated that safety and parking are ongoing issues and suggested more security and trash pickup. She also suggested a joint event between the business- es. Steve Hoffman, 7045 Blarney, addressed the commission. He stated that a security patrol is needed for the parking lot. He also commented that Little Woodrow’s success benefits Beau- mont. th John Bigelow, 2323 15 St, Port Neches, addressed the council. He spoke in favor of Basic Foods for its benefits to Beaumont and the whole surrounding region. He stated that he does not support anything that impedes business at Basic Foods. Teresa Gore, 535 Parsons Dr, addressed the commission. She stated that she originally was con- cerned about the impact of Little Woodrow’s on the surrounding neighborhood, especially due to loud music and issues with trash. She expressed appreciation for Little Woodrow’s efforts to help the situation. She stated that they have improved in communication, have built a fence and picked up trash some of which was not even their responsibility. She stated that loud bass music is still an occasional issue but that she is able to communicate with the business to remedy the problem as it comes up. She did suggest that bass music should be addressed in the city noise ordinance and expressed some continuing concern for parking access. Corma Cameron, 945 Thomas, addressed the commission. She stated that she is a customer of Basic Foods and expressed concerns about parking and safety. She stated that parking overflows regularly, especially at larger events. She expressed concerns about growth or addition of new businesses in the shopping center and neighboring shopping center on the current parking issues. She stated more security is needed to prevent violence. Ms. Cameron also expressed concern about the occupancy rules being unclear or incorrect and stated that calculations need to be properly completed. Finally, she requested to table the issue at this time. Discussion was held between the commission, the council and staff about zoning ordinances in shopping centers, the specific use permit process and the commission and council’s roles in the process. Information about how to locate the ordinances, the history of Little Woodrow’s permit- 7 Planning and Zoning January 27, 2020 ting process, parking rules and specific use process for any potential future businesses in the cen- ter were also discussed. The public hearing was closed. The applicant, Robert Wilson, readdressed the commission. He stated they have been overwhelmed with the success of the business and apologized for any damage that this has done to Basic Food’s business. He stated their business has now normalized to smaller crowds during the week and larger crowds during the weekends. He stated they are adding 18 more parking spots, a crosswalk and speed bumps which should alleviate parking problems for Basic Foods. Pictures of the parking lot were shown. Mr. Wilson stated that securi- ty had already been an issue in the center before they arrived but that they have contracted Beaumont police officers after hours to help with the issues. He also addressed occupancy issues of the additional outside space and stated that they would be willing to reduce the occupancy if requested. He also stated that the requirement for additional bathroom fixtures is no longer need- ed as business has slowed. Commissioner Makin suggested reminding customers of pet waste disposal materials available as the business does allow pets. Commissioner Makin moved to approve the request for an amended Specific Use Permit to allow the expansion of a bar in a GC-MD (General Commercial-Multiple Family Dwelling) District with the following conditions: 1. Install an eight foot (8’) tall opaque fence along the east property line of the shopping center. 2. Keep litter in direct area of subject property contained. 3. No live music allowed. 4. Occupancy be limited to 400 persons. 5. Provision of a minimum of four hundred five (405) parking spaces at this shopping center, with final design to be approved by the Engineering Division. 6. Provide a minimum of twenty (20) parking spaces dedicated, through signage, to the adjacent tenant. Commissioner Senigaur seconded the motion. Motion to approve carried 8:0. * Commissioner Crenshaw left the meeting at 4:35 pm. 5) 2406-P: Request for a Specific Use Permit to allow a Recreational Vehicle Park in an LI (Light Industrial) District. Applicant: Cardinal RV Parks, L.L.C. Location: 2575 W. Cardinal Drive Mr. Boone presented the staff report. Cardinal RV Parks, L.L.C., is requesting a Specific Use Permit to allow an RV (Recreational Vehicle) park at 2575 W. Cardinal Drive. The proposed RV Resort will consist of 50 pad sites with 50 AMP electrical and 4" sewer connections. The rental office will be staffed and open for business 24 hours per day. The site plan does not show 8 Planning and Zoning January 27, 2020 perimeter landscaping along Bragg Circle. Trees and shrubs must be installed according to Or- dinance requirements. Slides of the subject property and site plan were shown. Mr. Boone briefly explained the city or- dinance specific to RV’s. Nine notices were mailed to property owners within two hundred (200) feet of the subject prop- erty. No responses were received in favor or opposition. Staff recommended approval of this request with the following conditions: 1. Park shall be surrounded by an eight (8) foot tall solid, permanent screening fence includ- ing the south side. 2. Landscaping buffer for parking adjacent to city right-of-way shall be provided at both Cardinal Drive and Bragg Circle. 3. Driveway to be approved by TXDOT. The applicant was present. Robert Corbello, 1670 Hyde Court, addressed the commission. He stated that he wants to build a nice, clean RV park and that he understands the conditions. The public hearing opened and closed without comment. Commissioner Noyola moved to approve a Specific Use Permit to allow an RV (Recreational Vehicle) park at 2575 W. Cardinal Drive with the following conditions: 1. Park shall be surrounded by an eight (8) foot tall solid, permanent screening fence includ- ing the south side. 2. Landscaping buffer for parking adjacent to city right-of-way shall be provided at both Cardinal Drive and Bragg Circle. 3. Driveway to be approved by TXDOT. Commissioner Steinhagen seconded the motion. Motion to approve carried 8:0. OTHER BUSINESS None. THERE BEING NO OTHER BUSINESS, THE MEETING WAS ADJOURNED AT 4:39 P.M. 9