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HomeMy WebLinkAbout6-15-20 PC Minutes * M I N U T E S * JOINT PUBLIC HEARINGS PLANNING COMMISSION CITY COUNCIL Virtual Zoom Meeting June 15, 2020 A Joint Public Hearing of the Planning Commission and City Council was held on June 15, 2020 and called to order at 3:03 p.m. with the following members present: Commission Members present: Chairman Sina Nejad Commissioner Shawn Javed Commissioner Lynda Kay Makin Commissioner Tom Noyola Commissioner Taher Quaraishi Commissioner Eddie Senigaur Commissioner Roy Steinhagen Commission Members absent: Commissioner Johnny Beatty Commissioner Bill Little Alternate Commissioner Marty Craig Alternate Commissioner Cory Crenshaw Alternate Commissioner Lauren Williams Mason Councilmembers present: Mayor Becky Ames Mayor Pro-Tem W.L. Pate Councilmember Taylor Neild Councilmember Mike Getz Councilmember Audwin Samuel Councilmembers absent: Councilmember Randy Feldschau Councilmember Robin Mouton Also present: Chris Boone, Director of Planning and Community Development Adina Josey, Senior Planner Tyrone Cooper, City Attorney Catherine Allen, Recording Secretary 1 Planning and Zoning June 15, 2020 APPROVAL OF MINUTES Commissioner Steinhagen moved to approve the minutes of the Joint Public Hearings held on March 16, 2020. Commissioner Noyola seconded the motion. The motion to approve the minutes carried 7:0. REGULAR MEETING 1) Request for preliminary plat approval of Windemere Subdivision, Section Four, Lot 25, Block 9, Lots 3-15, Block 10 and Lots 1-3 & 11-16, Block 11, Beaumont, Jefferson County, Texas. Applicant: Bernardino Tristan, P.E. for Fittz & Shipman, Inc. Location: 7755-7875 Windcastle Drive and 6220-6240 Windcrest Drive Mr. Boone presented the staff report. Bernardino Tristan, P.E. of Fittz & Shipman, Inc., has re- quested Preliminary Plat approval of Windemere Subdivision, Section Four. This 5.5257 Acre development will connect the two ends of Windcastle Drive and consists of 23 residential lots. All lots meet the requirements for a residential lot. Water and sewer will be provided by an ex- tension of the city's facilities. Section 26.02.002(a)(7) of the Subdivision Ordinance states, "Pro- posed plan o, f subdivision, showing streets, blocks, lots, alleys, easements, building lines, parks and other such areas with principal dimensions. The plan shall show how the streets and ease- ments in the subdivision will connect with those in the surrounding subdivisions." Lots 14 & 15 of Block 10 do not have building setbacks or easements shown. In addition, the plat does not show how/if these new easements will tie into the existing property to the west. Slides of the preliminary plat were shown. Mr. Boone added that additional comments were received from City Engineering and Water Util- ities after the staff reports were written. He read those comments to the Commission. Comments from Engineering were: 1. Request for Windemere Subdivision Master Plan. Observed Proposed Windcastle Drive R.O.W. width 50-ft and street width 28-ft. Observed Existing Windemere Drive street width 26-ft F.C. to F.C.. 2. Building Lines and Utility Easement Lines need to be continued on Block 10 through Lot 13 to Lots 14 and 15. 3. Turnout on Block 10 between Lots 13 and 14 needs to be demoed. 4. Left of ‘Windmeadow Drive’ label, between Block 11 Lot 11 and Block 9 Lot 25, misc. ‘30” STORM’ label. 5. No HDPE will be allowed. 6. Drainage Plan: Manning’s coefficient ‘n’ shall be ≥0.013. Comments from Water Utilities were: General comments: 2 Planning and Zoning June 15, 2020 1. The existing 60’ utility easement is listed on the preliminary plat, but is not illustrated on the plat. It is unclear whether the existing water and sanitary sewer utilities are within the limits of the existing easement. 2. No clarification is given whether the existing utility easement will be vacated with the fil- ing of the final plat. Sanitary Sewer 1. The sanitary sewer line along Windcastle Drive is existing. The material is listed as “RCP” but our records indicate that it is “PVC”. 2. The sewer line extension within the 10’ utility easement for Lots 1 – 3 on Windcrest Drive will not be approved due to conflict with ‘dry’ utilities that will also be installed within the easement. It is required to be installed across the street from the water line. 3. The proposed sewer line extension on Windcrest Drive must tie to a manhole on Windcastle Drive. 4. The service for lot 1 on Windcrest Drive shall connect on Windcrest Drive and not on the Windcastle Drive side. Water 1. A temporary flush out will be required at the end of Windmeadow Drive. 2. No water meters are shown for lots 13 – 15 on Windcastle Drive. 3. Water Utilities will make the tap and set the meters at the time of house construction for lots 1-3 on Windcrest Drive. 4. The existing water line appears to be located outside the proposed right of way on lots 11 – 13 on Windcrest Drive. Chairman Nejad asked if given the number of conditions that perhaps the application was prema- ture and should be resubmitted. Mr. Boone stated that the applicant was in the meeting and sug- gested asking the applicant if they are comfortable going forward with all of the conditions or would prefer to resubmit. The applicant was present. Ben Tristan, 1405 Cornerstone Court, representing Fittz & Shipman, Inc, addressed the commission. He stated that he had received the comments from Engineering and Water Utilities and had turned in revised plans. He also stated that the water and sewer lines were installed in the 1980’s and that they had the City to do a find and locate search, but they would have to investigate further to confirm the pipes’ locations. He added that they will add any accommodations needed to comply with the water department’s conditions. Discussion followed between Chairman Nejad and Mr. Tristan about uncertainty of the place- ment of the pipes in terms of easements and rights-of-way and the applicant’s ability to comply with all of the conditions. Mr. Tristan stated that they are confident they will be able to work out all of the conditions with the City. Commissioner Makin moved to approve the request for preliminary plat approval of Windemere Subdivision, Section Four, Lot 25, Block 9, Lots 3-15, Block 10 and Lots 1-3 & 11-16, Block 11, Beaumont, Jefferson County, Texas with the following conditions: 3 Planning and Zoning June 15, 2020 1. Request for Windemere Subdivision Master Plan. Observed Proposed Windcastle Drive R.O.W. width 50-ft and street width 28-ft. Observed Existing Windemere Drive street width 26-ft F.C. to F.C.. 2. Building Lines and Utility Easement Lines need to be continued on Block 10 through Lot 13 to Lots 14 and 15. 3. Turnout on Block 10 between Lots 13 and 14 needs to be demoed. 4. Left of ‘Windmeadow Drive’ label, between Block 11 Lot 11 and Block 9 Lot 25, misc. ‘30” STORM’ label. 5. No HDPE will be allowed. 6. Drainage Plan: Manning’s coefficient ‘n’ shall be ≥0.013 7. Provide clarification concerning following issues: the existing 60’ utility easement is listed on the preliminary plat, but is not illustrated on the plat. It is unclear whether the existing water and sanitary sewer utilities are within the limits of the existing easement. 8. Provide clarification concerning whether the existing utility easement will be vacated with the filing of the final plat. 9. Provide clarification concerning the following issues: the sanitary sewer line along Windcastle Drive is existing. The material is listed as “RCP” but our records indicate that it is “PVC”. 10. The sewer line extension within the 10’ utility easement for Lots 1 – 3 on Windcrest Drive will not be approved due to conflict with ‘dry’ utilities that will also be in- stalled within the easement. It is required to be installed across the street from the water line. 11. The proposed sewer line extension on Windcrest Drive must tie to a manhole on Windcastle Drive. 12. The service for lot 1 on Windcrest Drive shall connect on Windcrest Drive and not on the Windcastle Drive side. 13. A temporary flush out will be required at the end of Windmeadow Drive. 14. No water meters are shown for lots 13 – 15 on Windcastle Drive. This needs to be corrected. 15. Water Utilities will make the tap and set the meters at the time of house construction for lots 1-3 on Windcrest Drive. 16. The existing water line appears to be located outside the proposed right of way on lots 11 – 13 on Windcrest Drive. This needs to be corrected. Commissioner Javed seconded the motion. The motion to approve carried 7:0. 2) Replat- Marmion Addition, Lots 1-5, Block 1: Request for a Replat of Lots 1-5 into Lots 1A, 2A & 3A, Block 1, Marmion Addition, Beaumont, Jefferson County, Texas. Applicant: Dianne Minix-Marks Location: 1790, 1840 & 1830 May Street Mr. Boone explained that this item was removed from the agenda due to some issues with the properties involved in the replat and may be put on a future agenda. 3) Replat- Westhaven Terrace, Lots 1-2, Block 2: Request for a Replat of Lots 1-2 into Lot 1A, 4 Planning and Zoning June 15, 2020 Block 2, Westhaven Terrace Addition, Beaumont, Jefferson County, Texas. Applicant: Richard Faust Location: 4070 Neumann Lane Mr. Boone presented the staff report. Richard Faust of Faust Engineering and Surveying, Inc. has requested approval of a Replat of Lots 1. & 2 into Lot IA, Block 2, Westhaven Terrace, Beaumont, Jefferson County, Texas. The intention of the plat is to combine the two (2) lots. Mr. and Mrs. Johnson would like to place an accessory structure on the lot they own adjacent to their house. Per the Zoning Ordinance, Special Conditions Sec.28.04.008(b)(8) When a property owner owns two adjacent lots and wishes to erect an accessory building on the lot that does not contain the main building, the accessory building must straddle the adjoining lot line. There is no room for the new accessory structure to straddle the adjoining lot line to the John- son's home. This replat will allow an accessory structure to be located on the same lot with their home. Slides of the replat were shown. Mr. Boone explained that the applicant wants to combine two lots to be able to add an accessory building. Fourteen (14) notices were mailed to property owners within two hundred (200) feet of the sub- ject property. No responses were received in favor or opposition. Staff recommended approving the request. Brief discussion followed concerning plans for the accessory building and confirming that there is a house on the lot presently. The applicant was present. James Faust, 5550 Eastex Freeway Ste O, representing Faust Engi- neering, addressed the commission. Mr. Faust stated that he had not yet seen the plans for the accessory building. He stated that the staff report covered everything and had nothing to add. Discussion followed about easements and setbacks of the property. Mr. Faust stated that the homeowners will provide a site plan to the City before beginning construction. The public hearing opened and closed without comment. Commissioner Noyola moved to approve a request for a Replat of Lots 1-2 into Lot 1A, Block 2, Westhaven Terrace Addition, Beaumont, Jefferson County, Texas. Commissioner Steinhagen seconded the motion. The motion to approve carried 7:0. JOINT PUBLIC HEARINGS Mayor Ames called the Joint Public Hearings of June 15, 2020 to order at 3:26 pm and explained the purpose of the Joint Public Hearing process. Mayor Ames then turned the meeting over to Chairman Nejad to conduct the Joint Public Hearings. 4) 2412-P: Request for a Specific Use Permit to allow a bar in a GC-MD (General Commercial – Multiple Family Dwelling) District. 5 Planning and Zoning June 15, 2020 Applicant: Jeremy Reed th Location: 39 N. 11 Street Mr. Boone presented the staff report. Flame 2.0 Daiquiri and Bistro is applying for a specific use permit to allow a bar in a GC-MD (General Commercial-Multiple-Family Dwelling) District. The facility will be located in an existing strip center on 11th Street. The address of the property is 39 N. 11th Street. In 2014 a Specific Use Permit was approved for a bar at this location. It has been more than a calendar year since that bar was open, so a new application is required. The property is located less than 1000' feet from two school properties. City of Beaumont ordi- nance states: See. 6.03:003 Proximity of dealer to school, church, day care center or child care facility (a) Except as otherwise provided by the Texas Alcoholic Beverage Code, it shall be unlawful for any person to sell or possess for the purpose of sale any alcoholic beverages where the establishment or place of business of any dealer is: (1) Within three hundred (300) feet of a church or public or private school; (2) Within one thousand (1,000) feet of a public school or a private school if the govern- ing body of the city receives a request from the governing body of the private school or from the board of trustees of the school district under section 38.007, Education Code; or (3) Within 1000 feet of a day care center or child care facility, as those terms are defined by section 42.002 of the Texas Human Resources Code. (b) The measurement of the distance between the place of business where alcoholic beverages are sold and the church, public or private school, day care center, or child care facility shall be determined as described in sections 109.33 and 109.331 of the Texas Alcoholic Beverage Code, as amended. State law (Title 4, Chapter 109, Subchapter A, Section 109.33 "Sales near school, church, or hospital" (c)) requires that the applicant must give written notice of the application to officials of public or private schools within 1000 feet of the nearest property line. The applicant is required to provide a copy of the notice to the State commission with the application. Utilities and drainage in the area are adequate for the proposed use. Existing parking provided on the lot will be sufficient for the proposed bar. Slides of the subject property, site plan and surrounding area were shown. Sixteen (16) notices were mailed to property owners within two hundred (200) feet of the subject property. No re- sponses were received in favor or opposition. Staff recommended approval of the request with the following conditions: 1. "No Loitering" signs shall be posted in the parking lot. 6 Planning and Zoning June 15, 2020 2. Applicant provides notice to any school having property within 1000 feet of the subject property and the State as required by State law. th The applicant was present. Jeremy Reed, 39 N 11 Street Ste A, addressed the commission. He stated that his business will sell daiquiris and snowballs and will comply with City regulations. Discussion followed concerning the applicant’s business experience and the plans for distin- guishing alcoholic and non-alcoholic products. Mr. Reed stated that he will comply with TABC and is working closely with them. He also stated that he will be selling some food. Discussion followed about the types of food and the requirements for food sales, such as kitchen grease traps. Mr. Reed stated that he understands and will comply with the regulations. The public hearing opened and closed without comment. Commissioner Steinhagen moved to approve the request for a Specific Use Permit to allow a bar in a GC-MD (General Commercial – Multiple Family Dwelling) District with the following con- ditions: 1. "No Loitering" signs shall be posted in the parking lot. 2. Applicant provides notice to any school having property within 1000 feet of the subject - property and the State as required by State law. Commissioner Makin seconded the motion. The motion to approve carried 7:0. 5) 2413-P: Request for a Specific Use Permit to allow a second dwelling on one lot for proper- ty zoned RS (Residential Single-Family Dwelling) District. Applicant: Danielle Goodwin Location: 6555 Claybourn Drive Mr. Boone presented the staff report. Danielle Goodwin of Anderson Homes is requesting a Specific Use Permit to allow a house with a second dwelling in the rear at 6555 Claybourn Drive. Ms. Goodwin's client would like to build a new home including a pool house with enter- tainment space, a kitchen and a full bath. As the structure is separate from the house and in- cludes all of the elements in a residence, a Specific Use Permit is required. Slides of the subject property, site plan and surrounding area were shown. Fourteen (14) notices were mailed to property owners within two hundred (200) feet of the subject property. No re- sponses were received in favor or opposition. Staff recommended approval of this request with the following conditions: 1. The pool house shall not be used as a separate rental unit. 2. Utilities must extend from the main structure without a separate meter. The applicant was present. Stoney Petit, 7770 Gladys, representing Anderson Homes, addressed the commission. He stated that the space will primarily be used as a pool house but will also oc- 7 Planning and Zoning June 15, 2020 casionally house guests. He added that it will not be rented or occupied permanently and will not have separate utilities. The public hearing opened and closed without comment. Commissioner Makin moved to approve the request for a Specific Use Permit to allow a second dwelling on one lot for property zoned RS (Residential Single-Family Dwelling) District with the following conditions: 1. The pool house shall not be used as a separate rental unit. 2. Utilities must extend from the main structure without a separate meter. Commissioner Steinhagen seconded the motion. The motion to approve carried 7:0. 6) 2414-P: Request for a Specific Use Permit to allow a wholesale shrimp company in an LI (Light Industrial) District. Applicant: Hien Nguyen Location: 5620 Avenue A Mr. Boone presented the staff report. Hien Nguyen has requested a Specific Use Permit for the property located at 5620 Avenue A (also known as West Port Arthur Road). This property was formerly used as the Frito Lay distribution center. The applicant would like to use the property as a wholesale shrimp processing/distribution company. The proposed use would include the occasional removal of the shrimp heads, but mostly sorting, packaging and freezing of the fresh shrimp tails for distribution. The applicant states that no product will be discarded in the dumpster. Any part of the shrimp that is not sold would be taken directly to the landfill. Hours of operation would be Monday - Friday, 8 a.m. to 5 p.m. All utili- ties are existing and adequate for the proposed use. Slides of the subject property, site plan and surrounding area were shown. Ten (10) notices were mailed to property owners within two hundred (200) feet of the subject property. No responses were received in favor or 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 any requirements of the City's pre-treatment and/or F.O.G. program. The applicant was present. Hien Nguyen, 5620 Avenue A, addressed the commission. He stated that his business will employ ten (10) to fifteen (15) people. He added that waste material will not be discarded on site and will be transported to the landfill daily. The public hearing opened and closed without comment. 8 Planning and Zoning June 15, 2020 Commissioner Noyola moved to approve the request for a Specific Use Permit to allow a whole- sale shrimp company in an LI (Light Industrial) District with the following conditions: 1. Construction plans must meet all requirements by Water Utilities for water and sanitary sewer services, including any requirements of the City's pre-treatment and/or F.O.G. program. Commissioner Steinhagen seconded the motion. The motion to approve carried 7:0. OTHER BUSINESS None. THERE BEING NO OTHER BUSINESS, THE MEETING WAS ADJOURNED AT 3:47 P.M. 9