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HomeMy WebLinkAbout9-21-20 PC Minutes * M I N U T E S * JOINT PUBLIC HEARINGS PLANNING COMMISSION CITY COUNCIL City Council Chambers September 21, 2020 A Joint Public Hearing of the Planning Commission and City Council was held on September 21, 2020 and called to order at 3:03 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 Quraishi Commissioner Eddie Senigaur Commission Members absent: Commissioner Bill Little Commissioner Roy Steinhagen Alternate Commissioner Marty Craig Alternate Commissioner Cory Crenshaw Alternate Commissioner Lauren Williams Mason Councilmembers present: Mayor Becky Ames Mayor Pro-Tem Randy Feldschau Councilmember W.L. Pate Councilmember Taylor Neild Councilmember Mike Getz Councilmember Audwin Samuel 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 Commission September 21, 2020 APPROVAL OF MINUTES Commissioner Senigaur moved to approve the minutes of the Joint Public Hearings held on Sep- tember 9, 2020. Commissioner Makin seconded the motion. The motion to approve the minutes carried 7:0. REGULAR MEETING 1) Replat – Garden Villas, Block 3: Request for a Replat of Lot 26 and Tract 3 of Tracts 1-3 into Lots 26A & 26B, Block 3, Garden Villas, Beaumont, Jefferson County, Texas. Applicant: Thomas S. Rowe of Mark W. Whiteley & Associates, Inc. Location: 7620 Shady Lane and 1824 Main Lane Mr. Boone presented the staff report. Thomas S. Rowe of Mark W. Whiteley & Associates, Inc., has requested approval of a Replat of Lot 26 and Tract 3 of Tracts 1-3 into Lots 26A & 26B, Block 3, Garden Villas, Jefferson County, Texas. The intention of the plat is to transfer owner- ship of approximately ½ acre. Water is provided by Meeker Municipal Water District and septic is on-site. Slides of the plat were shown. Nineteen (19) 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 approval of the request. 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 wants to sell the rear of their property to an adjoining neighbor and that it is a simple, straightforward request. The public hearing was opened and closed without comment. Commissioner Makin moved to approve the request for a Replat of Lot 26 and Tract 3 of Tracts 1-3 into Lots 26A & 26B, Block 3, Garden Villas, Beaumont, Jefferson County, Texas. Com- missioner Noyola seconded the motion. The motion to approve carried 7:0. 2) Replat – Pecan Grove Addition, Block 2: Request for a Replat of the south 37.75’ of Lot 7, all of Lot 8 and the north 41.5’ of Lot 9 into Lots 7A & 8A, Block 2, Pecan Grove Addition, Beaumont, Jefferson County, Texas. Applicant: Thomas S. Rowe of Mark W. Whiteley & Associates, Inc. th Location: 2540 & 2550 N. 10 Street Mr. Boone presented the staff report. Thomas S. Rowe of Mark W. Whiteley & Associates, Inc., has requested approval of a Replat of the south 37.75' of Lot 7, all of Lot 8 and the north 41.5' of Lot 9 into Lots 7A & 8A, Block 2, Pecan Grove Addition, Beaumont, Jefferson County, Texas. 2 Planning Commission September 21, 2020 The purpose of the Replat is to divide a large vacant property of over 2 ½ existing lots, into 2 buildable lots. All utilities are existing and available. Slides of the plat were shown. Twenty-five (25) 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 ap- proval of the request. The applicant was present. Thomas Rowe, representing Mark W. Whiteley & Associates, Inc., 3250 Eastex Freeway, addressed the commission. He stated that two (2) couples have purchased the property and would like to divide it into two (2) buildable lots, with a house on each lot. The public hearing was opened and closed without comment. Commissioner Noyola moved to approve the request for a Replat of the south 37.75’ of Lot 7, all of Lot 8 and the north 41.5’ of Lot 9 into Lots 7A & 8A, Block 2, Pecan Grove Addition, Beau- mont, Jefferson County, Texas. Commissioner Quraishi seconded the motion. The motion to approve carried 7:0. JOINT PUBLIC HEARINGS Mayor Ames called the Joint Public Hearings of September 21, 2020 to order at 3:17 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 3:18 pm. 3) 2418-P: Request for an Amended Specific Use Permit to allow Retail and Condominiums in a GC-MD-2 (General Commercial – Multiple Family Dwelling - 2) District. Applicant: Phuc Nhat Le Location: 4515 N. Major Drive Mr. Boone presented the staff report. Phuc Nhat Le is requesting an Amended Specific Use Permit to allow retail and condominiums at 4515 N. Major Drive. The proposed development would consist of seventeen (17) condominiums and approximately 23,080 square feet of retail space. In December of 2019, a request for retail and storage was approved. The proposed site plan has been updated to include private access to seventeen (17) condominiums at the rear of the proper- ty as opposed to the approved storage facility. The number and location of driveways is subject to approval of TXDOT. Any substantial changes to the site plan resulting from driveway approval may necessitate additional review of the plan via the Specific Use Permit process. 3 Planning Commission September 21, 2020 Slides of the subject property, site plan and surrounding area were shown. Nine (9) 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 of the request. Brief discussion followed concerning requirements for fire truck access and parking. The applicant was present. Charles Shajari, 87 I-10 North, Suite 115, addressed the commission. He stated that the client had changed plans from the storage facility to condominiums. Chairman Nejad asked the applicant about the requirements for the fire department. The appli- cant responded that they had a predevelopment meeting at the time of the first submission of the Specific Use Permit and that it was approved at that time. He added that they will meet with the fire marshal and resolve any issue with the driveway. He stated that they do have room in the back to provide a turnaround for fire trucks. The public hearing was opened and closed without comment. Commissioner Senigaur moved to approve the request for an Amended Specific Use Permit to allow Retail and Condominiums in a GC-MD-2 (General Commercial – Multiple Family Dwell- ing - 2) District, as requested in file 2418-P. Commissioner Quraishi seconded the motion. The motion to approve carried 7:0. 4) 2420-P: Request for a Specific Use Permit to allow a short-term foster home in an RCR-H (Residential Conservation Revitalization - Historic) District. Applicant: Harvest Ministry Location: 2406 Broadway Street Mr. Boone presented the staff report. Harvest House Ministry has requested a Specific Use Per- mit for the property located at 2406 Broadway Street. The applicant would like to use the prop- erty as a temporary foster home. This property was formerly Jason’s Deli Corporate office. Children would reside at this property until a more permanent situation can be provided for them. As such, the property would become much more residential in nature. Slides of the subject property, site plan and surrounding area were shown. Twenty-three (23) 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 ap- proval of the request. Commissioner Makin asked if the home would be for women or children. Mr. Boone replied that the request is for females under age 18. He added that the request stated there would be no males, no residents with mental health issues and no residents in need of detoxification. Commissioner Quraishi asked if there would be adequate parking. Mr. Boone replied that ade- quate parking had already been added by Jason’s Deli when they owned the property. 4 Planning Commission September 21, 2020 Councilmember Samuel arrived at 3:26 pm. The applicant was present. Lisa Boler, of Harvest House Ministry, PO Box 12813, addressed the Commission. She thanked the Commission for the opportunity to speak and shared that human trafficking is a major problem in the area. She stated that Texas is second in the United States for human trafficking and that Houston and Beaumont are among the top five (5) cities where children are victimized. Ms. Boler explained that the goal of the request is to open a short-term home for survivors of human trafficking, with an atmosphere of acceptance and growth. She added that this would be a way for Southeast Texas to be a part of the solution. Having exceeded her three (3) minute time limit, Chairman Nejad allowed her additional time with the commission’s approval. Ms. Boler added that the home would provide resources to support GED completion, medical care, life skills, mentorship, job search support and communi- ty advocacy for the residents. She stated that there would also be supervision and security. She explained that there would be a ninety (90) day maximum stay for up to ten (10) clients and that there would be a 4:1 ratio of clients to caregivers. She stated that there would be a security sys- tem and drug testing of residents. Food, clothing and hygiene items would also be provided. There would also be case management available, to ensure community services and counseling for the residents. Chairman Nejad asked if Harvest House is a non-profit organization and about the source of their funds. The applicant confirmed that they are a non-profit organization and that their funds come from donations and a recently awarded federal grant. Chairman Nejad commended the organization’s efforts and expressed sorrow for the problem of human trafficking. Commissioner Makin inquired if the residents served would be from the local area. Ms. Boler replied that residents would be both from the local area and other areas of Texas. She explained that in some cases it is necessary for survivors to be relocated for their safety. She stated that they work with seventeen (17) other centers in Texas to coordinate placement. Councilmember Mouton asked what would happen to the residents after the ninety (90) day max- imum stay. The applicant replied that they would need to be moved to a long-term facility. She hopes to have a long-term facility in the future but the short-term facility is needed because cur- rently there is nowhere to place them. The public hearing on this request was opened. Marcelo Molfino, 11150 Cole Drive, addressed the Commission. He stated that he is a board member for Harvest House as well as a member of local law enforcement. He explained that Harvest House is the only agency in the area that provides services for victims of human traffick- ing. He stated that when law enforcement recovers someone from trafficking, they know they have an advocate for them with Harvest House. He explained that girls recovered from traffick- ing have often been trained by their abusers into certain behaviors and that Harvest House is the 5 Planning Commission September 21, 2020 only group who knows how to handle this situation. He added that the Tortorice family believed in Harvest House so much that they donated their property to them and that we need to support them as well. He emphasized that the public may not be aware how prevalent the problem is in our area, due to being a part of the I-10 corridor. He explained that Harvest House gives training to local hotels and motels to recognize the signs of human trafficking. Councilmember Pate asked Mr. Molfino to share what he did for a living. Mr. Molfino stated that he is an investigator at the District Attorney’s office. The public hearing on this request was closed. Commissioner Makin moved to approve the request for a Specific Use Permit to allow a short- term foster home in an RCR-H (Residential Conservation Revitalization - Historic) District, as requested in file 2420-P. Commissioner Javed seconded the motion. The motion to approve car- ried 7:0. 5) 2421-Z: Request for a rezoning from RS (Residential Single-Family Dwelling) to RM-M (Residential Multiple-Family Dwelling – Medium Density) District. Applicant: Helbig Community Development Corporation Location: Northwest corner of Maida Road and Betsy Lane Mr. Boone presented the staff report. Helbig Community Development Corporation has request- ed a rezoning for property located at the northwest corner of Maida Road and Betsy Lane. A tentative site plan provided by the applicant indicates they wish to construct a multi-family de- velopment at this location. Water and sewer lines are available at this location, however, the de- veloper’s engineer will need to determine if adequate capacity exists for the proposed develop- ment. Slides of the subject property, site plan and surrounding area were shown. Thirty-two (32) 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. Mr. Boone summarized the responses received in opposition. Staff recommended approval of the request. Discussion followed concerning the size of the property and the future plans for apartments. Mr. Boone clarified that the property is 7 ½ acres and that this request is just for the rezoning, but that the preliminary plan shows one hundred (100) apartments. He added that based on the zon- ing density ratio, they would be allowed up to one hundred fifteen (115) apartments. The applicant was present. Airon Reynolds, 6945 Salida Drive, addressed the Commission. He distributed materials to the Commission about the project. He stated that he has been in Beau- mont for twenty-three (23) years and serves as the pastor of Borden Chapel Missionary Baptist Church. He stated that the north end and Helbig areas of Beaumont are the most underdeveloped areas and he hopes to bring development there. He stated that their first project will be fifty (50) apartment units, each with three (3) bedrooms and two (2) bathrooms. He added that a second 6 Planning Commission September 21, 2020 phase would add four (4) more buildings and that there is a third phase planned as well. Dr. Reynolds added that he wanted to help eliminate the local housing shortage. His goal is to help residents become financially literate and encourage first time home buying to increase the City tax base. Residents of the apartments would be offered programs for help with financial literacy and first time home buying. Chairman Nejad asked the applicant if the property would be owned by his church and Dr. Reynolds clarified that it would be owned by the Helbig Community Development Corporation, which has received funding from the Texas General Land Office. Commissioner Beatty asked the applicant if he knew more about why some property owners were in objection. He stated that he did not know why and that some of those in objection were members of his church. He stated that he had not discussed this project in his church so they may not realize that he is involved. Commissioner Senigaur stated that he thought this project was a great idea. The public hearing on this request was opened and closed without comment. Commissioner Senigaur moved to approve the request for a rezoning from RS (Residential Sin- gle-Family Dwelling) to RM-M (Residential Multiple-Family Dwelling – Medium Density) Dis- trict, as requested in file 2421-Z. Commissioner Quraishi seconded the motion. The motion to approve carried 7:0. 6) 2422-P: Request for an Amended Specific Use Permit to allow for the expansion of an alco- hol and drug rehabilitation facility in in an RM-H (Residential Multiple-Family Dwelling - Highest Density) District. Applicant: Shalom Health Care Management Location: 950 Washington Boulevard Mr. Boone presented the staff report. Shalom Health Care Management has requested an Amended Specific Use Permit to allow the expansion of an alcohol and drug rehabilitation facili- ty at 950 Washington Boulevard. More than half of the property is zoned GC-MD (General Commercial - Multiple Family Dwelling) District, and a Specific Use Permit was approved to allow an eight (8) bed facility in one building located on the RM-H (Residential Multiple Family Dwelling - Highest Density) zoned portion of the property. This new proposal will allow for thirty-two (32) beds in the previously approved building and an additional forty-two (42) beds in the second structure. The facility will be treating both adult male and female patients. Patients will remain at the facility for 15-20 days. The facility will have twenty-two (22) beds available for detoxification and fifty-two (52) beds available for residential post-detoxification treatment. In addition, the facility will offer outpatient programs for alcohol and drug abuse. Security will be provided by an up to eight (8) foot fence around the entire facility along with 24 hour on campus security guards. Security cameras will also be used. Patients will not be al- lowed outside of the buildings during treatment. For additional security to the neighbors, an eight (8) foot tall fence should be maintained between the facility and any abutting residential properties due to the nature of the use. Slides of the subject property, site plan and surrounding area were shown. 7 Planning Commission September 21, 2020 Thirty-six (36) notices were mailed to property owners within two hundred (200) feet of the sub- ject property. One response was received in opposition and no responses were received in favor. Mr. Boone read the letter in opposition. Staff recommended approval with the following conditions: 1. Construction plans must meet all requirements by Water Utilities for water and sanitary sewer services, including the requirement of the City's pre-treatment program. 2. An eight (8) foot tall wood or masonry privacy fence be installed and maintained between the facility and any abutting residential properties. Commissioner Beatty asked about the lighting of the facility. Mr. Boone stated that the request does not give specifics about the lighting and that the applicant may be able to elaborate. The applicant was present. Dr. Aijaz Khowaja, 9494 Southwest Freeway, Houston, TX, ad- dressed the Commission. He stated that the Covid-19 pandemic had delayed their original plans but they are now moving forward with this request. He stated that they are licensed by the State of Texas for a two hundred (200) bed capacity. He stated that there is a high demand for these services in our area and that most patients need a residential treatment program. He added that the facility will have separate areas for men and women. He clarified that the lighting will be LED lighting and that there will also be a fence and security system. Dr. Khowaja added that the Covid-19 pandemic has put addiction issues on the backburner but they are still a major issue. He stressed the importance of having a facility in this area to prevent the distance and expense people incur when seeking treatment in other areas. Councilmember Mouton stated that we are fortunate to have this type of facility in our area be- cause there is no other facility that provides beds for treatment. She expressed her support for the request. The public hearing on this request was opened and closed without comment. Commissioner Senigaur moved to approve the request for an Amended Specific Use Permit to allow for the expansion of an alcohol and drug rehabilitation facility in in an RM-H (Residential Multiple-Family Dwelling - Highest Density) District, as requested in file 2422-P with the fol- lowing conditions: 1. Construction plans must meet all requirements by Water Utilities for water and sanitary sewer services, including the requirement of the City's pre-treatment program. 2. An eight (8) foot tall wood or masonry privacy fence be installed and maintained between the facility and any abutting residential properties. Commissioner Makin seconded the motion. The motion to approve carried 7:0. 7) 2423-Z/P: Request for a Rezoning of approximately 6.7 acres from GC-MD (General Com- 8 Planning Commission September 21, 2020 mercial - Multiple-Family Dwelling) to LI (Light Industrial District and approximately 30.58 acres from RS (Residential Single-Family Dwelling) to GC-MD-2 (General Commercial - Multiple-Family Dwelling - 2) with a Specific Use Permit to allow an outside lay down yard and fleet maintenance. Applicant: Mallory Martin Location: Northeast corner of Eastex Freeway and Chinn Lane Mr. Boone presented the staff report. Mallory Martin is requesting a Rezoning and Specific Use Permit to allow a laydown yard at the northeast corner of Eastex Freeway and Chinn Lane. En- tergy has purchased the property and would like to relocate their offices, fleet maintenance and outside storage to this property. Out of the entire 131.467 acre tract approximately thirty-three (33) acres are currently zoned LI (Light Industrial) District, approximately 6.73 acres is zoned GC-MD (General Commercial – Multiple-Family Dwelling) District, and the remaining approximately 30.41 acres is zoned RS (Residential Single-Family Dwelling) District. Entergy would like to rezone the 6.73 acre por- tion to LI, and the 30.41 portion to GC-MD-2 (General Commercial – Multiple-Family Dwelling – 2) District. A laydown yard requires a Specific Use Permit in GC-MD-2. This will abut both additional LI and now GC-MD-2 zoning to the existing RS zoning and residential properties along Lawrence Drive. Entergy proposes to limit damage to their residential neighbors by installing a large detention pond near the corner of Chinn Lane and Lawrence Drive. In addition a minimum fifty (50) foot wide buffer is proposed along the line adjoining the residential properties. Slides of the subject property, site plan and surrounding area were shown. Forty-one (41) notices were mailed to property owners within two hundred (200) feet of the sub- ject property. One response was received in opposition and no responses were received in favor. Mr. Boone read the letter in opposition. Staff recommended approval of the request. The applicant was present. Mallory Martin, of Kimley Horn, 11700 Katy Freeway, Suite 800, Houston, addressed the Commission. She stated that there will be also be a seven (7) foot fence and a thirty (30) foot buffer, in addition to the buffer mentioned in the staff report. She stated that they will work with TXDOT to get the driveway approved. Discussion followed between the applicant, staff and the Commission about the seven (7) foot fence needing to be eight (8) feet. The applicant agreed that they would change to an eight (8) foot fence. Councilmember Getz asked about Entergy’s current locations and if the new location will re- place them. Ms. Martin replied that this would consolidate current Entergy locations and that th staff from the 11 Street location and Edison Plaza will move to the new location. 9 Planning Commission September 21, 2020 The public hearing on this request was opened and closed without comment. Commissioner Quraishi moved to approve the request for a Rezoning of approximately 6.7 acres from GC-MD (General Commercial - Multiple-Family Dwelling) to LI (Light Industrial District and approximately 30.58 acres from RS (Residential Single-Family Dwelling) to GC-MD-2 (General Commercial - Multiple-Family Dwelling - 2) with a Specific Use Permit to allow an outside lay down yard and fleet maintenance, as requested in file 2423-Z/P. Commissioner Sen- igaur seconded the motion. The motion to approve carried 7:0. OTHER BUSINESS None. THERE BEING NO OTHER BUSINESS, THE MEETING WAS ADJOURNED AT 4:07 P.M. 10