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HomeMy WebLinkAbout9-9-20 PC Minutes * M I N U T E S * JOINT PUBLIC HEARINGS PLANNING COMMISSION CITY COUNCIL City Council Chambers September 9, 2020 A Joint Public Hearing of the Planning Commission and City Council was held on September 9, 2020 and called to order at 3:00 p.m. with the following members present: Commission Members present: Chairman Sina Nejad Commissioner Johnny Beatty Commissioner Shawn Javed Commissioner Bill Little Commissioner Lynda Kay Makin Commissioner Tom Noyola Commissioner Taher Quraishi Commissioner Eddie Senigaur Commissioner Roy Steinhagen Commission Members absent: Alternate Commissioner Marty Craig Alternate Commissioner Cory Crenshaw Alternate Commissioner Lauren Williams Mason Councilmembers present: Mayor Becky Ames Mayor Pro-Tem Randy Feldschau Councilmember Taylor Neild Councilmember Mike Getz Councilmember Robin Mouton Councilmembers absent: Councilmember W.L. Pate Councilmember Audwin Samuel Also present: Adina Josey, Senior Planner Tyrone Cooper, City Attorney Catherine Allen, Recording Secretary 1 Planning Commission September 9, 2020 APPROVAL OF MINUTES Commissioner Senigaur moved to approve the minutes of the Joint Public Hearings held on July 20, 2020. Commissioner Makin seconded the motion. The motion to approve the minutes car- ried 9:0. REGULAR MEETING 1) Replat – College Heights Addition, Block 1: Request for a Replat of the south 27.7’ of Lot 1 & all of Lots 2 – 3 into Lots 1A and 2A, Block 1, College Heights Addition, Beaumont, Jef- ferson County, Texas. Applicant: Thomas S. Rowe of Mark W. Whiteley & Associates, Inc. Location: 510 & 520 Campus Street Mrs. Josey presented the staff report. Thomas S. Rowe of Mark W. Whiteley & Associates, Inc., has requested approval of a Replat of the south 27.7’ of Lot 1 & all of Lots 2 – 3 into Lots 1A & 2A, Block 1, College Heights Addition, Beaumont, Jefferson County, Texas. The intention of the plat is to divide the property between the houses located at 510 and 520 Campus. There are no new setback issues created by this plat. Per Engineering’s request, a sewer line easement has been provided from the rear of the commercial structure to the alley. Slides of the plat were shown. Staff recommended approval of the request. Fourteen (14) notices were mailed to property own- ers within two hundred (200) feet of the subject property. One response was received in favor and no responses were received in opposition. The applicant was present. Thomas Rowe, representing Mark W. Whiteley & Associates, Inc., 3250 Eastex Freeway, addressed the commission. He stated that the owner of the property, John Raney, has owned the property since the 1950’s or 1960’s and has two (2) houses on the proper- ty. The owner is now selling the property and needs to divide the property into two (2) lots to complete the sale. The public hearing was opened and closed without comment. Commissioner Noyola moved to approve the request for a Replat of the south 27.7’ of Lot 1 & all of Lots 2 – 3 into Lots 1A and 2A, Block 1, College Heights Addition, Beaumont, Jefferson County, Texas. Commissioner Senigaur seconded the motion. The motion to approve carried 9:0. 2) Replat – Pine Island Estates, Phase 2, Block 5: Request for a Replat of Lot 19 into Lots 19A & 19B, Block 5, Pine Island Estates, Jefferson County, Texas. Applicant: Mitchell Lee Brackin of Fittz & Shipman, Inc. Location: 3810 & 3830 Foxtail Trail 2 Planning Commission September 9, 2020 Mrs. Josey presented the staff report. Mitchell Lee Brackin of Fittz & Shipman, Inc., has re- quested approval of a Replat of Lot 19 into Lots 19A & 19B, Block 5, Pine Island Estates, Jef- ferson County, Texas. This property is located in a development off South Pine Island Road in the City of Beaumont’s ETJ (Extraterritorial Jurisdiction). The intention of the plat is to divide this nearly two (2) acre property into two (2) lots. Water will be provided by the Meeker Munic- ipal Water District and sewer will be onsite. Slides of the plat were shown. Staff recommended approval of the request. Thirty-one (31) notices were mailed to property owners within two hundred (200) feet of the subject property. One response was received in fa- vor and no responses were received in opposition. The applicant was present. Don King, representing Fittz & Shipman Inc., 1405 Cornerstone Court, addressed the Commission. He stated that the property is located in the ETJ and that it is the desire of the applicant to divide the property into two lots. Brief discussion followed concerning the access to the lots. The public hearing was opened and closed without comment. Commissioner Steinhagen moved to approve the request for a Replat of Lot 19 into Lots 19A & 19B, Block 5, Pine Island Estates, Jefferson County, Texas. Commissioner Noyola seconded the motion. The motion to approve carried 9:0. JOINT PUBLIC HEARINGS Mayor Ames called the Joint Public Hearings of September 9, 2020 to order at 3:18 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. Councilmember Mouton arrived at 3:20 pm. 3) 2415-P: Request for a Specific Use Permit to allow a Gaming facility in a GC-MD (General Commercial – Multiple Family Dwelling) District. Applicant: Jisan Makanojiya Location: 4705 Magnolia Avenue Mrs. Josey presented the staff report. Jisan Makanojiya has requested a Specific Use Permit to allow a gaming facility at 4705 Magnolia Avenue. The applicant wishes to have fifty (50) gam- ing machines at this location. The hours of operation for the business would be 8 a.m. to 10 p.m. Security will be provided by on site surveillance. There was no mention of which age groups would be allowed in certain areas or for what time periods. It should be noted that gaming facilities that have five (5) or fewer machines tend to be consid- ered accessory in nature, when part of a primary use, and as such tend to result in fewer negative 3 Planning Commission September 9, 2020 impacts on surrounding land uses. However, larger game rooms with dozens of machines take on the scale of a small casino and as a result, require careful consideration as to their location and compatibility with surrounding land uses. Some of these considerations include compatibil- ity with other land uses, noise, traffic as well as safety considerations. As such, proximity to parks, schools and especially residential uses should be carefully considered in the review of gaming facilities. This property is immediately adjacent to a residential neighborhood and resi- dential single-family dwellings and is within the vicinity of the Lucas Pre-K Center. Slides of the subject property, site plan and surrounding area were shown. A slide showing the location of the Lucas Pre-K Center in relation to the proposed site was also shown. Twenty-seven (27) notices were mailed to property owners within two hundred (200) feet of the subject property. Four (4) responses were received in opposition and no responses were received in favor. Mrs. Josey read a sample of the responses in opposition. Staff recommended denial of the request, based on its proximity to the residential neighborhood. The applicant was present. Jisan Makanojiya, 35 Cadence Court, Richmond TX, addressed the commission. He stated he would like to explain how his project will meet the eight (8) required conditions for a specific use permit. He stated that the property has been vacant for the past three (3) years and that his goal is to renovate the building and provide entertainment for the community during the Covid-19 pandemic. He added that the game room would have adequate parking consisting of twenty-eight (28) parking spaces with two (2) entries to the parking lot. He stated that regulations require game rooms to be more than 300 feet away from schools and that this location is approximately 1500 feet away from the Lucas Pre-K Center. He added that he knows of five (5) existing game rooms that are within residential neighborhoods. He also stated that the property owners who responded in opposition via mail were not present at the meeting to speak and he found that to be unfair. Chairman Nejad asked the applicant to explain the business of the proposed game room. Mr. Makanojiya stated that the business will provide entertainment similar to a bingo hall. He de- scribed game rooms as places to play games, enjoy refreshments and relieve stress. Commissioner Senigaur asked about the age limit and security of the proposed game room. Mr. Makanojiya stated the age limit will be 21 and over and that two (2) security guards will be working both inside and outside. Brief discussion followed between the Commission, staff and the applicant about when the ex- planation of the eight (8) conditions was provided and about the first condition not being met. Chairman Nejad inquired about any winnings that the customers would receive in the game room. Mr. Makanojiya replied that there is no prize value or redemption and that players only receive credits similar to an arcade game. 4 Planning Commission September 9, 2020 Commissioner Senigaur asked about employment at the game room. The applicant stated that the establishment would employ six (6) people plus the two (2) security guards. Commissioner Noyola asked the applicant if he was aware of several peer reviewed scholarly articles in the field of criminal justice that show that game rooms of fifty (50) or more machines result in an increase in criminal activity. Mr. Makanojiya replied that he was aware but had not personally read any such articles. He added that there is risk involved in any business and that his objective will be to minimize criminal activity. He added that there is a car wash nearby which attracts a lot of loitering and that his renovated, well light business will reduce criminal activity. He also added that the game room will have alarm systems. Discussion followed between the commission, staff and applicant about the site plan only show- ing twenty-one (21) machines but the request being for fifty (50) machines. The applicant stated that the initial plan did not include game machine placement because it was not one of the re- quirements of the specific use permit. The applicant stated that this plan was old and has since been updated but that he was not asked to provide an updated plan. Mrs. Josey stated that staff had asked for an updated plan but one was not provided by the applicant. The applicant stated that he felt that he had submitted all of his requirements and that it was not necessary to provide an updated site plan. Commissioner Steinhagen asked about the game room’s plan for operation during the Covid-19 pandemic. The applicant stated that they will follow the governor’s guidelines by reducing ca- pacity, spacing out customers and frequent sanitization. He added that the pandemic has re- quired people to be confined and that they are in need of stress relief. Chairman Nejad asked the applicant how many game rooms there are in his neighborhood. Mr. Makanojiya stated that there are none. Commissioner Makin inquired about the applicant’s experience in the game room business. The applicant stated that he has ten (10) years of experience with game rooms in Baytown and La Marque, TX and also has numerous gas stations in the Beaumont area with gaming machines. The public hearing on this request was opened. Felicia Standfield, 7670 Homer Drive, addressed the commission. She stated that she is a partic- ipant in gaming and that it gives her a chance to get out and meet people. She stated that game rooms have a mostly older crowd and are quiet. She stated that she is from Houston, where there is more crime, and she does not have family in the area so game rooms give her an opportunity to seek entertainment and socialize. She stated that game rooms have security and cameras for safety. She added that self-discipline is needed like anything else in life but that gaming is a good source of entertainment. She stated that even though participants do not receive money for the games, they enjoy the competition similar to arcade games. Commissioner Senigaur asked Ms. Standfield to confirm that no money is given in return for game room games and she stated that was correct. 5 Planning Commission September 9, 2020 Councilmember Mouton commented that since the applicant intends to bring the game room business to Beaumont she wondered why he did not seek to bring one to his own neighborhood. Councilmember Neild asked for the Commission to unanimously vote to deny the request be- cause this is not the kind of entertainment wanted in Beaumont. Councilmember Mouton voiced her agreement with Councilmember Neild. Brian Williams, 1975 Nora Street, addressed the commission. He stated that game rooms are good entertainment, especially when practicing social distancing. He stated that he does not see problems around game rooms and that they are better entertainment than going to clubs. Tamesha Singleton, 410 E Church Street, addressed the commission. She stated that game rooms provide good entertainment. She stated that everyone is happy there and that they are like a second home to her. She enjoys the competition and feels protected and at home in game rooms. She stated they are a good place to hang out and enjoy refreshments. Chairman Nejad asked Ms. Singleton if she lived in the neighborhood of this potential game room and she stated that she does not. Commissioner Makin asked Ms. Singleton where she currently plays and she answered that she plays in stores. Commissioner Makin asked Ms. Singleton how she heard about this proposed game room and she replied that she heard about it through word of mouth. The applicant readdressed the commission. In response to comments about game rooms not be- ing in his neighborhood, he replied that he does not have them in his neighborhood but that he does have them in his city. He stated that he has had two (2) successful game rooms for over five (5) years and six (6) gas stations with gaming machines. He stated that there are over ten (10) game rooms in Beaumont around residential neighborhoods and he would just like to be given the same opportunity to establish a successful, clean business. Chairman Nejad stated the other game rooms in Beaumont did not have over fifty (50) machines and the applicant replied that most have less but that he has seen some with fifty (50) or more. Mayor Ames asked the applicant if he is currently operating a game room at the proposed loca- tion and he replied that he is not. Commissioner Makin asked if the property is owned or leased. Mr. Makanojiya stated that it is been being leased and that he has been paying rent on it since July. The public hearing was closed. Commissioner Noyola moved to deny the request for a Specific Use Permit to allow a Gaming facility in a GC-MD (General Commercial – Multiple Family Dwelling) District. Commissioner Senigaur seconded the motion. The motion to deny carried 9:0. OTHER BUSINESS None. 6 Planning Commission September 9, 2020 THERE BEING NO OTHER BUSINESS, THE MEETING WAS ADJOURNED AT 3:54 P.M. 7