HomeMy WebLinkAbout10-16-17 PC Minutes
* M I N U T E S *
REGULAR MEETING
JOINT PUBLIC HEARINGS
PLANNING COMMISSION
CITY COUNCIL
City Council Chambers
October 16, 2017
A Joint Public Hearing of the Planning Commission and City Council was held on October 16,
2017 and called to order at 3:34 p.m. with the following members present:
Commission Members present: Chairman Sina Nejad
Commissioner Lynda Kay Makin
Commissioner J.P. Colbert
Commissioner Bill Little
Commissioner Lauren Williams Mason
Commissioner Johnny Beatty
Commissioner Roy Steinhagen
Commissioner Shawn Javed
Alt. Commissioner Sandy Pate
Commission Members absent: Commissioner Eddie Senigaur
Alt. Commissioner Marty Craig
Alt. Commissioner Eliot New
Councilmembers present: Mayor Becky Ames
Mayor Pro-Tem Gethrel Williams-Wright
Councilmember Mike Getz
Councilmember Audwin Samuel
Councilmember W.L. Pate
Councilmember Virginia Jordan
Councilmembers absent: Councilmember Robin Mouton
Also present: Chris Boone, Director of Planning and
Community Development
Adina Josey, Senior Planner
Sharae Reed, Assistant City Attorney
Fran Malvo, Recording Secretary
APPROVAL OF MINUTES
1
Planning and Zoning
October 16, 2017
Commissioner Mason made a motion to approve the minutes of the Regular meeting held on
October 16, 2017. Commissioner Makin seconded the motion. Motion to approve carried 9:0.
REGULAR MEETING
1) Preliminary Plat-Beaumont Eastex, Phase I: Request for approval of a Preliminary Plat of
Beaumont Eastex, Phase I, Beaumont, Jefferson County, Texas
Applicant: Fittz & Shipman, Inc.
Location: Northeast of the intersection of Eastex Freeway and Chinn Road and south of
Mulligan’s Golf Range
Mr. Boone presented the staff report.
Fittz & Shipman, Inc. has requested preliminary plat approval of Beaumont Eastex, Phase 1. The
development is located northeast of the intersection of Eastex Freeway and Chinn Road and
south of Mulligan’s Golf Range. The plat is a 40.00 acre, two tract commercial development
covering both GC-MD (General Commercial Multiple-Family Dwelling) and LI (Light
Industrial) Districts. Water and sewer will be provided by extension of the City of Beaumont
utilities.
Slides of the subject property were shown. This item was sent to all interested parties.
The Planning staff recommended approval with the following conditions:
1. Provide for all Drainage District 6 requirements and dedicated easements (See attached
comments).
2. Provide corrected addresses.
3. The location of all existing pipeline easements and information concerning the size of the
pipe, type of product being transported and the pressure in the pipeline.
The applicant, Don King, representing Fittz & Shipman, Inc., 1405 Cornerstone Court addressed
the Commission. Mr. King is a representative of Fittz & Shipman, Inc. Mr. King stated that the
conditions had been addressed. Commissioner Makin made a motion to approve the request for a
Preliminary Plat of Beaumont Eastex, Phase I with the following conditions:
1. Provide for all Drainage District 6 requirements and dedicated easements (See attached
comments).
2. Provide corrected addresses.
3. The location of all existing pipeline easements and information concerning the size of the
pipe, type of product being transported and the pressure in the pipeline.
Commissioner Little seconded the motion. Motion to approve carried 9:0.
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Planning and Zoning
October 16, 2017
2) Preliminary Plat- Request for a Preliminary Plat approval of MAAK, Tracts I, II, III & IV
Beaumont, Jefferson County, Texas
Applicant: Soutex Surveyors & Engineers
Location: 8420 Braeburn Lane, northwest of the intersection of Major Drive and Braeburn
Lane
Mr. Boone presented the staff report.
Soutex Surveyors & Engineers has requested preliminary plat approval of MAAK, Tracts I, II,
III & IV. The development is located northwest of the intersection of Braeburn Lane and Major
Drive at 8420 Braeburn Lane. The 0.7541 acre development is a four residential lot subdivision
in an R-S (Residential Single-Family Dwelling) District. City water is available and sewer will
be provided by extension of City Sewer.
Slides of the subject property were shown. This item was sent to all interested parties.
The Planning staff recommended approval with the following conditions:
1. Provide a dedicated utility easement for Center Point Energy
2. Show existing structures and pavement on the Plat with all setback dimensions and the
proposed utility extensions.
3. Comply with all City water and sewer requirements.
Akram Khalil representing MAAK Construction, P.O. Box 283 addressed the Commission. No
questions or comments were made. The item did not require a public hearing. Mr. Khalil stated
that he understood the three conditions required. Commissioner Mason made a motion to
approve a Preliminary Plat of MAAK, Tracts I, II, III & IV as requested with the following
conditions:
1. Provide a dedicated utility easement for Centerpoint Energy
2. Show existing structures and pavement on the Plat with all setback dimensions.
3. Comply with all City water and sewer requirements (see attachment).
Commissioner Steinhagen seconded the motion. Motion to approve carried 9:0.
JOINT PUBLIC HEARINGS
Mayor Ames called the Joint Public Hearings of October 16, 2017 to order and explained the
purpose of the Joint Public Hearing process and then turned the meeting over to Chairman Nejad.
1) 2305-P: Request for a Specific Use Permit to allow a Recreational Vehicle Park in LI (Light
Industrial) and GC-MD (General Commercial-Multiple Family Dwelling) zoning.
Applicant: Beaumont RV Resort
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Planning and Zoning
October 16, 2017
Location: East side of Eastex Freeway, approximately 1600 feet north of Chinn Road
Mr. Boone presented the staff report.
Beaumont RV Resort is requesting a Specific Use Permit to allow an Recreational Park on
property located to the north of Chinn Road, on the east side of Eastex Freeway. The proposed
RV Park would consist of 215 units.
Drainage District #6 has listed extensive requirements for the site.
City of Beaumont Traffic Division has also listed concerns, stating that the site plan does not
demonstrate an efficient movement of vehicles on the site.
Slides were shown of the subject property. Four (4) notices were mailed within 200 feet of the
subject property. Two (2) responses were received in favor and no responses were received in
opposition.
Mr. Boone stated that there were some concerns of the existing pipelines. The Planning staff
recommended approval with the following conditions:
1. Meet all requirements for Drainage District #6.
2. Redesign site plan for efficient movement of vehicles on site.
The public hearing opened. The applicant, Don King representing Fittz & Shipman, 1405
Cornerstone Court addressed the Commission. Chairman Nejad asked Mr. King to make sure
that the roads crossing the pipelines are permitted. No further discussion. Commissioner Little
made a motion to approve the request for a Specific Use Permit to allow a Recreational Vehicle
Park in LI (Light Industrial) and GC-MD (General Commercial-Multiple Family Dwelling)
zoning with the following conditions:
1. Meet all requirements for Drainage District #6.
2. Redesign site plan for efficient movement of vehicles on site.
3. Obtaining permission from the pipeline company.
Commissioner Mason seconded the motion. Motion to approve carried 9:0.
2) File 2308-Z: Request for a Rezoning from NC (Neighborhood Commercial) to GC-MD
(General Commercial-Multiple Family Dwelling) or a more restrictive zoning district.
Applicant: Eco-Site
Location: 5250 Helbig Road
This proposal was withdrawn.
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Planning and Zoning
October 16, 2017
Eco-Site is requesting a reconsideration to allow rezoning from NC (Neighborhood Commercial)
to GC-MD (General Commercial - Multiple Family Dwelling) for the property located at 5250
Helbig Road. The property is currently occupied by a church.
The NC (Neighborhood Commercial) District is primarily intended for retail sale of convenience
goods or personal services primarily for persons residing in adjacent residential areas. GC-MD
(General Commercial - Multiple Family Dwelling) Districts, is specifically intended for
commercial development. The property is surrounded by residential zoning districts and
residential development. GC-MD zoning would be incompatible with other zoning in the area
and would leave the property susceptible to development that could be harmful to surrounding
properties. This is known as “Spot Zoning.” Texas Municipal Law defines “Spot Zoning” as, “A
piecemeal zoning amendment that arbitrarily singles out a small tract for special treatment…Lots
that are rezoned in a way that is substantially inconsistent with the zoning of the surrounding
area, whether more or less restrictive, are likely to be invalid according to the Texas Supreme
Court case, City of Pharr v. Tippitt¹.” Furthermore:
1. The request is not consistent with the zoning or land use of the surrounding area, existing
uses in the area are primarily residential. While it is unfortunate that the use is not allowable
in this zone type, the zoning pattern is predominantly RS. In addition, the surrounding land
use is residential to the north, west and south.
2. Rezoning would not serve a public purpose furthering public health, safety, morals or general
welfare.
The purpose of the proposed rezoning is to accommodate a cell tower. If the property were to be
rezoned to GC-MD, a Specific Use Permit would still be required to allow a cell tower at this
location. In addition, the ordinance requires a 200’ setback from residential zoning for a cell
tower. In order to install a cell tower at this location, a variance would be required for this
setback requirement. On August 21, 2017, the Planning Commission recommended 5:3 to deny
this request.
Staff recommended denial of the request.
3) File 2314-P: Request for a Specific Use Permit to allow boat and RV storage in a GC-MD
(General Commercial-Multiple Family Dwelling) District.
Applicant: College Street Storage, LLC
Location: 9695 College
Mr. Boone presented the staff report.
College Street Storage, L.L.C. has submitted a proposed Mini Storage Facility for the property
located at 9695 College Street. Facility will consist of two (2) buildings, each with twenty-four
(24) units designed for Recreational Vehicle and boat storage.
Staff recommended approval of the request with the following condition:
1. Ten (10) foot wide landscaped buffers and an eight (8) foot wood masonry screening fence
be provided along the east, south and west property lines.
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Planning and Zoning
October 16, 2017
Thirteen (13) notices were mailed within 200 feet of the subject property. No responses were
received in favor and one was received in opposition. Slides were shown of the subject property.
The applicant was not available. No questions or comments were made. Commissioner Little
made a motion to approve the request for a Specific Use Permit to allow a mini storage facility in
GC-MD (General Commercial-Multiple Family Dwelling District) as requested for File 2314-P.
Commissioner Little stated that there were three buildings on the plat and not two as stated in the
request. He moved to approve three buildings instead of two. Attorney Sharae Reed, stated that
he could only approve what was requested. Commissioner Little clarified his motion with the
following condition:
1. Ten (10) foot wide landscaped buffers and an eight (8) foot wood masonry screening fence
be provided along the east, south and west property lines.
Commissioner Colbert seconded the motion. Motion to approve carried 9:0.
4) File 2315-P: A request for a Specific Use Permit to allow storage of empty trash containers
in a GC-MD (General Commercial-Multiple Family Dwelling) District.
Applicant: 2S Roll-Off Service, LLC
th
Location: 3999 S. 11 Street
Mr. Boone presented the staff report.
2S Roll-off Service, L.L.C. is requesting a Specific Use Permit to store empty trash containers at
3999 S. 11th Street. The portion of the property they intend to use is fully enclosed by fencing to
the north, east and west. The former office/showroom is to the south. No utilities will be used as
the property is only to be used as storage.
All of the proposed parking on the site plan is on City of Beaumont right-of-way. Off-street
parking must be provided within the property boundary. Existing screening consists of a fence
and overgrowth/trees within the city alley/right-of-way.
Slides were shown of the subject property. Nineteen (19) notices were mailed to individuals
within 200 feet of the subject property. No responses were received in favor or in opposition.
Staff recommended approval with the following conditions:
1. No storage of containers used for collection of food waste or other odor causing
materials.
2. No direct access from Edmonds Avenue.
3. All required parking must be provided within the property line, including ADA
accessible parking.
Discussion followed. Mr. Boone stated that the applicant would not clean the trash containers on
site. The applicant was not available to answer any questions. Commissioner Little made a
motion to table the request for a Specific Use Permit to allow storage of empty trash containers
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Planning and Zoning
October 16, 2017
in GC-MD (General Commercial-Multiple Family Dwelling) due to the applicant’s absence.
Commissioner Mason seconded the motion. Motion to table the request carried 9:0.
5) 2316-Z: A rezoning study for the newly annexed area west of Major Drive and South of
Folsom Road.
Applicant: City of Beaumont Planning Division
Location: West of North Major Drive and South of Folsom Road
Mr. Boone presented the staff report.
In September of 2016, City Council voted to approve the annexation of 77.73 acres of land at the
southwest corner of Major Drive and Folsom Drive. This property includes several existing
developments including a senior living apartment complex, convenience store/gasoline retailer, a
non-profit organization and a church. Zoning regulations mandate that newly annexed properties
be designated RS (Residential - Single Family Dwelling), at the time of annexation. None of the
annexed property uses are compatible with RS zoning.
Due to the location of the properties along a Major Drive, a major arterial and the intersection
with Folsom Drive, a secondary arterial, and the proximity of residential neighborhoods across
Major Drive, staff is recommending GC-MD-2 (General Commercial - Multiple Family
Dwelling - 2) for the properties in question. GC-MD-2 zoning would not impede further
development of these newly annexed properties, and would offer a measure of protection for
nearby properties as all future development would require a Specific Use Permit and public
notification.
Planning staff recommended approval of the request.
Slides were shown of the subject property. Thirteen (13) notices were mailed to property owners
within 200 feet of the subject property. No responses were received in favor or in opposition.
Mr. Boone stated that any future uses would require a Specific Use Permit. The public hearing
opened. Jane Burns, resident of West Chase Village, 2545 Amberwood, addressed the
Commission. Ms. Burns stated she was representing the Homeowner’s Association Board. Ms.
Burns also spoke against any future developments of multi-family housing. Ms. Burns stated that
the reasons being against the proposal are due to traffic congestion, crime and drainage. Sam
th
Parigi, 445 N. 14 Street addressed the Commission. Mr. Parigi stated he feels too much
commercial property is being zoned. He also addressed concerns about the residents having to
pay higher taxes and drainage for the ditches. Mr. Parigi would like the market to dictate what
needs to be done with the property. Discussion followed. Commissioner Little made a motion to
deny the request for a rezoning study for the newly annexed area West of Major Drive and South
of Folsom Road. Commissioner Mason seconded the motion. Motion to deny carried 9:0. Mr.
Boone stated that they will address the applications as the came in and that the area may possibly
have to be spot zoned. Discussion followed. Chairman Nejad stated that Mr. Boone will have an
alternate proposal request for November’s meeting.
6) File 2317-P: Request for a Specific Use Permit to allow temporary RV parking related to
Hurricane Harvey in RM-H (Residential Multiple Family Dwelling-Highest Density)
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Planning and Zoning
October 16, 2017
Applicant: Habitat for Humanity-Beaumont
Location: 2310 Smart Street
Mr. Boone presented the staff report.
Habitat for Humanity is requesting a Specific Use Permit for temporary Recreational Vehicle
parking at 2310 Smart Street. Four RV's would be parked at this location as temporary housing
for a skilled group of disaster response volunteers who have committed to work in our
community of one year. The group travels in RV's, therefore the only lodging they require is a
place to park.
Staff recommended approval with the following condition:
1. Limit to 12 months temporary use.
Twenty-two (22) notices were mailed to property owners within 200 feet of the subject property.
No responses were received in favor and nine responses were received in opposition. Slides were
shown of the subject property.
Councilmember Jordan asked if the designated area is located in the Historic District. Mr. Boone
replied yes. The public hearing opened. Danny Fontenot, 2295 Rusk addressed the Commission.
Mr. Fontenot spoke against the request. Discussion followed. The applicant and Executive
Director, Miriam Morgan, 3035 W. Lucas addressed the Commission. Ms. Morgan stated that
the purpose of the RV parking is to bring in qualified and trained disaster response coordinators
to help rebuild the community. Ms. Morgan stated she is aware that the designated area is in the
Oaks Historic District. Councilmember Jordan spoke against the request. Jane Burns, 2545
Amberwood addressed the Commission. Ms. Burns stated she is a Board Member for Habitat for
Humanity and that there is an abundance of individuals seeking assistance due to Hurricane
Harvey. Ms. Burns also stated that allowing the RV Park to house at the designated location
would greatly benefit the community. Brief discussion followed. Commissioner Makin made a
motion to deny the request for a Specific Use Permit to allow temporary RV parking related to
Hurricane Harvey in RM-H (Residential Multiple Family Dwelling-Highest Density) and RS
(Residential-Single Family Dwelling) zoning districts. Commissioner Mason seconded the
motion. Motion to deny carried 7:2 (Colbert, Beatty).
7) File 876-OB: Request for an amendment to the zoning ordinance, Section 28.03.032(e).
Applicant: City of Beaumont
Mr. Boone presented the staff report.
Currently a Specific Use Permit request may be submitted for Coin Operated Amusement
Devices in RCR (Residential Conservation Revitalization) and NC (Neighborhood Commercial)
Districts. By right, such devices are permitted in NSC (Neighborhood Shopping Center), GC-
MD (General Commercial - Multiple Family Dwelling), CBD (Central Business District), C-M
(Commercial - Manufacturing) and LI (Light Industrial) Districts.
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Planning and Zoning
October 16, 2017
Recently the City adopted a separate gaming ordinance in an attempt to better regulate gaming
uses. With regard to zoning enforcement, the game rooms were considered to be in the same
category as a video game arcade. However, recent experiences with this relatively new type of
use has revealed compatibility concerns and accommodations that necessitate additional scrutiny
and review. The activity associated with the use is such that categorizing them in the same
category as a traditional video game arcade is not adequate. As such, we are recommending the
additional category of "Gaming Rooms and Devices" as a subcategory of the Amusement and
Recreations Services (79) Group.
Staff recommends that Coin Operated Amusement Devices be permitted as follows:
Sec. 28.03.023(e)
AMUSEMENT AND
79
RECREATION
SERVICES, EXCEPT
MOTION PICTURES (as
noted)
Dance Studios, Schools
791 14
S S S P P S P P P P S
and Halls
Theatrical Producers,
792 14
Bands, Orchestras and
S S P P S P P P P S
Entertainers
Bowling Centers
793 32
S S P P S P P P P S
Zoning District Permitted Primary
Use
RCRNSC PUD
A-R R-S RM-M RM-RCR NC GC-GC-CBD C-M LI HI SIC Group
-H
H MID MID
2
Cond.
Group
Special
Parking
Commercial
794 25
S S P P P P S
Sports
Physical Fitness
7991 14
S P P P S P P P P S
Facilities
Public Golf
7992 33
P P P P P P P P P S P P P P
Courses
Coin-Operated
7993 12
Amusement
S S P P S P P P P S
Devices
Gaming Rooms
S S S S S P S
and Devices
Amusement Parks
7996 41
S P P S S P P P S
Membership
7997 13
Sports and Rec.
S S S S S P P P S P P P P P
Clubs
Amusement and
7999 26
Recreation
Services, Not
S S S S S S P P S S P P P P
Elsewhere
Classified
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Planning and Zoning
October 16, 2017
No discussion followed. Commissioner Mason made a motion to approve a request for
amendments to the Zoning Ordinance, Sec. 28.03.023(e) as requested for 876-0B. Commissioner
Colbert seconded the motion. Motion to approve carried 9:0.
8) File 877-OB: A request for an amendment to the zoning ordinance, Section 287.03.21(d)
Major/Dowlen/Gladys/Highway 105 sign Overlay District Regulations.
Applicant: City of Beaumont Planning Division
Mr. Boone presented the staff report.
The Planning Staff is recommending changes be made to Sec. 28.03.021(d) of the Zoning
Ordinance.
In July of 2000, City Council voted to create the Major/Dowlen/Gladys/Hwy. 105 Sign Overlay
District. The ordinance states that the purpose of this district is to, ". . . provide for the essential
identity of facilities along the streets and prevent needless clutter in the area through uniform
signage."
As the intent of this ordinance was to prevent needless clutter in this developing area, it stands to
reason that properties not facing, or contained within the boundary of these thoroughfares should
not be included in the boundary of the district. The property at 5710 Highway 105 faces Eastex
Freeway. In order to be consistent with other commercial properties bordering Eastex freeway,
staff recommends altering the boundary of the sign district to exclude this property (similar to
the new credit union across the street).
In addition, in September of 2016, City Council voted to approve the annexation of 77.73 acres
of land at the southwest corner of Major Drive and Folsom Drive. This property contains several
existing developments. Staff recommends extending the boundary of the sign district to include
the property located within 100 feet of Major Drive in this newly annexed area.
Changes to the boundary of the Major/Dowlen/Gladys/Hwy. 105 Sign Overlay District
regulations should be as follows:
For place of beginning, begin at a point in the north right-of-way line of Tolivar Road, a 60-foot-
wide street right-of-way, said point also being in the southwest corner of Lot 7 and the same
being the southeast corner of Lot 8, Neches Terrace Addition, an unrecorded subdivision out of
the Daniel Easley Survey, Abstract No. 20, Beaumont, Jefferson County, Texas;
Thence in a northerly direction along the common side lot lines of said Lots 7 and 8, a distance
of 322.4 feet, more or less, to a point in the south right-of-way line of State Highway 105; thence
continuing north a distance of 50 feet to the centerline of said State Highway 105 to a point for
corner; thence west along the centerline of State Highway 105 a distance of 200 feet, more or
less, to a point for corner; thence north a distance of 50 feet to a point in the north right-of-way
line of State Highway 105;
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Planning and Zoning
October 16, 2017
Thence north 750 feet to a point for corner; thence east 870 feet to a point for corner in the west
right-of-way line of Major Drive (FM 364); thence continuing east a distance of 60 feet to a
point in the centerline of Major Drive (FM 364); thence south a distance of 200 feet, more or
less, to a point for corner; thence east a distance of 60 feet to a point in the east right-of-way line
of Major Drive (FM 364);
Thence east along the south line of Block 1, Griffing Villa, Unit 1, recorded in the Jefferson
County Map Records in Vol. 12, Page 80, and also being in the north line of Lot 2, Rand
Addition, recorded in the Jefferson County Map Records in Vol. 15, Page 39, a distance of 660
feet to a point for corner in the northeast corner of Lot 2, Rand Addition; thence south a distance
of 526.07 feet to a point for corner;
Thence east along a line which is 200 feet north of and parallel to the north right-of-way line of
State Highway 105 to a point in the west line of a 60-foot-wide Drainage District #6 drainage
easement; thence in a southeasterly course along the west line of the DD#6 drainage easement to
a point which is 100 feet north of the north right-of-way line of State Highway 105; thence east a
distance of approximately one mile to a point in the west right-of-way line of the Eastex Freeway
(U.S. Highways 69, 96 and 287), said point lying 100 feet east of the east right-of-way line of
Old Dowlen Road if Old Dowlen was extended north across State Highway 105; west line of
Tract A out of Lot 1, out of Lot 2, Block 2, W.E. Johson Addition, said point lying 100 north of
State Highway 105;
Thence south to a point in the centerline of Highway 105; thence east approximately 250 feet to
a point in the centerline of Highway 105 and approximately 100 feet east of the east right-of-way
line of Old Dowlen Road; thence Thence south crossing State Highway 105 and continuing
south along a line 100 feet east of the east right-of-way line of Old Dowlen Road to a point in the
north property line of the Wal-Mart Stores Subdivision; thence east along the north line of said
subdivision a distance of 954.83 feet to the northeast corner of said subdivision; thence south
along the east side of said subdivision a distance of 896.70 feet to a point in the north right-of-
way line of the 100-foot wide Dowlen Road; thence south a distance of 200 feet to a point 100
feet south of Dowlen Road;
Thence in a northeast and easterly direction along a line 100 feet south of Dowlen Road to a
point in the west line of the Ed Snowden Properties Subdivision (Vol. 13, Pg. 120, Jefferson
County Map Records); thence south along the west line of the Ed Snowden Subdivision and then
continuing south along the west line of Tract 3 of the South Parkdale Addition (Vol. 14, Page
234, J.C.M.R.), and continuing south along the west line of a 60-foot-wide Drainage District No.
6 drainage easement to a point in the north line of a 70-foot-wide DD#6 drainage easement
(Hillebrandt Bayou); thence south a distance of 35 feet to the centerline of the Hillebrandt
Bayou; thence in a southerly direction along the centerline of Hillebrandt Bayou and following
the meanderings of the bayou and crossing Folsom Drive and Delaware Street a total distance of
approximately 6,500 feet to a point for corner in the centerline of Hillebrandt Bayou;
Thence west to the northeast corner of Lot 7, Block 1, Park West Addition; thence continuing
west a distance of 261.69 feet to a point, and continuing west across the north lines of Lots 1–4,
Block 1, Park West Addition (J.C.M.R Vol. 15, p. 208) an additional distance of 370.32 feet to a
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Planning and Zoning
October 16, 2017
point in the northwest corner of Lot 1, Block 1, Park West to a point for corner in the centerline
of Dowlen Road, a 100-foot-wide right-of-way;
Thence south for 700 feet along the centerline of Dowlen Road to a point at the north
intersection of Dowlen Road and Wellington Place, a 60-foot-wide street right-of-way, said point
lying in the east line of Dowlen Road; thence east a distance of 30 feet to a point in the centerline
of Wellington Place; thence south along the centerline of Wellington Place a distance of 1,800
feet, more or less, to a point for corner; thence due west and continuing along the centerline of
Wellington Place a distance of 900 feet, more or less, to a point for corner, said point lying 100
feet east of the east right-of-way line of Dowlen Road;
Thence south along a line 100 feet east of and parallel to Dowlen Road a distance of 1,600 feet,
more or less, to a point for corner 100 feet south of the south right-of-way line of Gladys
Avenue;
Thence west crossing Dowlen Road and continuing west along a line 100 feet south of the south
right-of-way line of Gladys Avenue to a point for corner 100 feet west of the west right-of-way
line of North Major Drive (FM 364) and 100 feet south of the south right-of-way line of Gladys
Avenue.
Thence north along a line 100 feet west of the west right-of-way line of North Major Drive (FM
364) to a point in the south right-of-way line of Dishman Road, said point being the corporate
limits of the City of Beaumont; thence east to a point in the centerline of North Major Drive (FM
364) being the corporate city limits; thence north approximately 3647 feet along the centerline of
North Major Drive (FM 364) to a point; thence west approximately 50 feet to the west right-of
way line of Major Drive (FM 364) and the southeast corner of Tract 2, Abstract 33, A Houston
Survey (33.5870 acres);
Thence west along the south property line of Tract 2, Abstract 33, A Houston Survey (33.5870
acres) approximately1004 feet to the southwest corner of Tract 2, Abstract 33, A Houston
Survey (33.5870 acres); thence north approximately 3286 feet to a point in the north line of the
A. Houston Survey and the south line of the D. Easley Survey said point lying 941 feet west of the
west right-of-line of North Major Drive (FM 364); at the intersection of the southeast corner of
the D. Easley Survey, Ab-20 and the northeast corner of the A. Huston Survey, Ab-33; thence
east west to a point being in the south line of the D. Easley Survey and in the north line of the A.
Huston Survey, said point lying 100 feet west of the west right-of-way line of North Major Drive
(FM 364);
Thence continuing north along a line 100 feet east of and parallel to North Major Drive to a point
in the north right-of-way line of the L.N.V.A. Canal (Lower Neches Valley Authority Canal);
thence in a southwest direction along the northerly line of the L.N.V.A. Canal a distance of 800
feet, more or less, to a point for corner;
Thence north 1,400 feet, more or less, to a point at the southeast corner of Western Hills, Unit 2,
mobile home subdivision recorded in the J.C.M.R.’s in Vol. 11, Page 42; thence continuing north
along the east line of Western Hills, Unit 2 a distance of 810 feet to a point for corner in the
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Planning and Zoning
October 16, 2017
south right-of-way line of the 60-foot-wide Tolivar Road right-of-way; thence north 32° east a
distance of 70 feet to the place of beginning, containing an area of 2,613 acres or 4.08 square
miles, more or less.
Slides of the subject property were shown.
No discussion followed. Commissioner Makin made a motion to approve amendments to the
Zoning Ordinance; Sec. 28.03.21(d) as requested for File 877-OB. Commissioner Mason
seconded the motion. Motion to approve carried 9:0.
9) File 878-OB: A request for a sidewalk waiver.
Applicant: Faust Engineering and Surveying, Inc.
Location: 5910 Muela Creek Drive
The request for File 878-OB was withdrawn.
Faust Engineering and Surveying, Inc is requesting a waiver to the sidewalk requirement along
Old Dowlen Road, due to the future widening of the right-of-way. While widening of Old
Dowlen Road is planned, city funding is not available at this time.
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))
The applicant has not demonstrated any engineering reason for the request.
In addition, a new multi-family tax credit project is being built just to the north of this property,
and they are required to install a sidewalk for pedestrian access by the tenants to shopping and
restaurants along Dowlen Road.
Planning staff recommended denial of the request.
OTHER BUSINESS
THERE BEING NO OTHER BUSINESS, THE MEETING WAS ADJOURNED AT 4:42
P.M.
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