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HomeMy WebLinkAbout10-19-20 PC Minutes*MINUTES* JOINT PUBLIC HEARINGS PLANNING COMMISSION CITY COUNCIL City Council Chambers October 19, 2020 A Joint Public Hearing of the Planning Commission and City Council was held on October 19, 2020 and called to order at 3:05 p.m. with the following members present: Commission Members present: Chairman Sina Nejad Commissioner Lynda Kay Makin Commissioner Tom Noyola Commissioner Taher Quraishi Commissioner Roy Steinhagen Alternate Commissioner Erika Harris Commission Members absent: Commissioner Johnny Beatty Commissioner Shawn Javed Commissioner Bill Little Commissioner Eddie Senigaur Alternate Commissioner Marty Craig Alternate Commissioner Lauren Williams Mason Councilmembers present: Councilmember W.L. Pate Councilmember Taylor Neild Councilmember Mike Getz Councilmember Audwin Samuel Also present: Chris Boone, Director of Planning and Community Development Adina Josey, Senior Planner Sharae Reed, First Assistant City Attorney Catherine Allen, Recording Secretary Planning Commission October 19, 2020 APPROVAL OF MINUTES Commissioner Noyola moved to approve the minutes of the Joint Public Hearings held on Sep- tember 21, 2020, Commissioner Makin seconded the motion. The motion to approve the minutes carried 5:0. REGULAR MEETING 1) Preliminary Plat The Reserve Phase I: Request for Preliminary Plat approval of The Re- serve, Phase I, Jefferson County, Texas Applicant: Arceneaux, Wilson & Cole Location: 2400 block of Reins Road Mr. Boone presented the staff report. Joe Pattie, of Arceneaux, Wilson & Cole, has requested Preliminary Plat approval of The Reserve, Phase I. This 19.6664 Acre development consists of twenty (20) lots. All lots exceed the requirements for a residential lot and as this development is more than two (2) miles from the City Limits of Beaumont and as such will be developed to Jef- ferson County standards. Water will be supplied by Meeker Municipal Water District and wastewater will be handled onsite. Slides of the plat and conceptual plan were shown. Staff recommended approval of the request. The applicant was present. Joe Pattie, representing Arceneaux, Wilson & Cole, 2901 Turtle Creek Drive, Port Arthur, TX, addressed the Commission. He stated they will initially be putting in twenty (20) lots and then later a total of one hundred seventy (170) lots. Commissioner Makin moved to approve the request for a Preliminary Plat approval of The Re- serve, Phase I, Jefferson County, Texas. Commissioner Quraishi seconded the motion. The mo- tion to approve carried 5:0. 2) Plat — Stephenson Addition No. 1: Request for Plat approval of Stephenson Addition, No. 1, Beaumont, Jefferson County, Texas Applicant: Blythe Hukill of Access Surveyors, L.L.C. Location: 1040-1090 Ashley Avenue and 1045-1075 Miller Street Mr. Boone presented the staff report. Blythe Hukill, of Access Surveyors, L.L.C., has requested approval of Stephenson Addition, No. 1. This plat will divide an existing City block which has not previously been platted into cight (8) lots, all meeting our minimum lot requirements. The lots are zoned RS (Residential Single Family Dwelling) and utilities appear to be adequate. Slides of the plat were shown. Staff recommended approval of the request. 2 Planning Commission October 19, 2020 The applicant was not present. Commissioner Steinhagen moved to approve the request for a Plat approval of Stephenson Addi- tion, No. 1, Beaumont, Jefferson County, Texas. Commissioner Quraishi seconded the motion. The motion to approve carried 5:0. 3) Plat — Burnet Park Addition: Request for Plat approval of Burnet Park Addition, Beaumont, Jefferson County, Texas. Applicant: Richard Faust of Faust Engineering and Surveying, Inc. Location: 7450-7510 Train and 7465-7495 Broussard Roads Mr. Boone presented the staff report. Richard Faust, of Faust Engineering and Surveying, Inc., has requested approval of Burnet Park Addition. This plat will consist of eleven (11) lots situat- ed on existing City streets. The lots are zoned RS (Residential Single Family Dwelling) and util- ities appear to be adequate. Slides of the plat were shown. Staff recommended approval of the request. Commissioner Quraishi asked if there were streets on both sides of the plat and Mr. Boone con- firmed that the plat lies between Tram Road and Broussard Road. The applicant was present, but did not address the Commission. Commissioner Makin moved to approve the request for a Plat approval of Burnet Park Addition, Beaumont, Jefferson County, Texas. Commissioner Noyola seconded the motion. The motion to approve carried 5:0. JOINT PUBLIC HEARINGS Councilmember Pate called the Joint Public Hearings of October 19, 2020 to order at 3:19 pm and explained the purpose of the Joint Public Hearing process. Councilmember Pate then turned the meeting over to Chairman Nejad to conduct the Joint Public Hearings. 4) 2424-P: Request for a Specific Use Permit to allow 3 RV's to remain temporarily in an RM- H (Residential Multiple -Family Dwelling — Highest Density) District for disaster relief Applicant: Central Beaumont Congregation of Jehovah's Witnesses Location: 2350 N. Major Drive Mr. Boone informed the Commission that this item had been withdrawn by the applicant. 5) 2425-P: Request for a Specific Use Permit to allow used car sales in a NC (Neighborhood Commercial) District Applicant: Munro Properties Location: Southeast corner of Delaware Street and Briarcliff Drive 3 Planning Commission October 19, 2020 Mr. Boone presented the staff report. Munro Properties would like to use their property at the southeast corner of Delaware Street and Briarcliff Drive for used car sales. Persons wishing to sell vehicles will commission with Munro Properties to park their vehicle on the lot and will deal with prospective customers themselves. No structures will be built on the property. While the proposed use may cause negative impacts to the neighboring residential properties, the site is located on Delaware, a major arterial street. However, Engineering has raised several is- sues concerning the design and layout of the parking lot. The northernmost space in the southeast parking cluster will need to be removed in order to pro- vide access to the eastern most spaces facing Delaware Street. Pavement markings will not be adequate due to the grass/gravel surface, therefore wheel -stops will need to be installed to desig- nate the parking spaces and prevent parked vehicles from overhanging the property line. Cars being test driven would most likely turn south into the residential neighborhood. This would increase traffic and pose a potential danger to pedestrian traffic and children at play. A sign should be placed at the exit of the property restricting departing traffic to a right turn only, protecting the adjacent neighborhood. The two (2) southernmost parking spaces will need to be removed to accommodate the required ten (10) foot wide landscaped buffer with trees. All landscaping must meet and be maintained to ordinance requirements. In addition, an eight (8) foot tall, wood or masonry fence must be in- stalled and maintained along the south property line. The proposed parking lot is to be grass or gravel, this fence would aid in shielding residential properties to the south from dust due to this unpaved parking lot. Directional lighting should be installed as well, to protect the neighboring residential properties. Slides of the subject property, site plan and surrounding area were shown. Staff recommended approval of the request, but Mr. Boone mentioned several concerns about the request. He stated that gravel or rock parking could cause dust and affect the surrounding neigh- borhood. He also mentioned that Engineering had concerns about the layout of the parking lot being difficult to maneuver and parking spaces may need to be moved to allow for a landscape buffer. Mr. Boone also mentioned concerns about lighting shining into nearby homes and pro- spective car buyers test driving vehicles in the residential neighborhood. He stated that a sign saying "No Left Turns" onto Briarcliff Drive may help mitigate this potential problem. He also stated that staff recommends approval with the following conditions: 1. Place wheel stops to designate parking spaces and remove the northernmost space in the southeast parking cluster and the two (2) southernmost spaces, and install a "No Left Turn" sign at the exit of the property. 2. Install eight (8) foot wood or masonry fence and ten (10) foot wide landscaped strip along south property line to meet landscaping ordinance requirements. 2 Planning Commission October 19, 2020 Fifteen (15) notices were mailed to property owners within two hundred (200) feet of the subject property. Three (3) responses were received in opposition and zero were received in favor. Mr. Boone summarized the letters received in opposition. He also mentioned that a petition of twelve (12) neighbors was received in opposition to the request. Mrs. Josey clarified that there were five (5) letters in opposition and two (2) of those property owners also signed the petition. Mr. Boone added that since the percent of property owners in objection is more than 20%, a su- per majority of the City Council will be required in order to be approved. Commissioner Quraishi asked if there would be an office on the car lot and Mr. Boone stated that there would not be. The applicant was present. Josh Munro, representing Munro Properties, 1970 Edson Drive, ad- dressed the Commission. He stated that they are trying to make money off of this property and are limited in its use by the cell tower on the property. He clarified that they will leave the grass rather than rocks or gravel. He stated they will be fine with the "No Left Turn" sign suggested. He stated that property values in the area will not decrease. Mr. Munro agreed to comply with the conditions recommended. He stated there are lights on Delaware already so more lighting should not be needed. He added that the proposed use will be a "glorified parking lot" and that they will charge a small fee for people to park their cars for sale. He concluded that he is trying to make money to add to the tax base and provide a service to the community. Chairman Nejad asked Mr. Munro about ADA parking requirements and Mr. Munro stated he would comply with whatever is needed for the requirement. Commissioner Makin asked for clarification on there not being an office on site. Mr. Munro stated that it will just be a place for private parties to park, meet, test drive vehicles and conduct transactions. The public hearing on this request was opened. David Decordova Jr, 2263 Briarcliff Drive, addressed the Commission. He stated that he lives about seven (7) houses down fiom the subject property and had concerns about the request. He stated that the area is already very congested due to the nearby school and businesses. He sug- gested to the Commission that none of them would like to have a self -serve car lot in their neigh- borhoods. He expressed concern about the car lot being unsupervised and added that there is already a problem with car break-ins in the area. He stated that there would be no control over the quality of vehicles being sold, since it would not be regulated like other used car lots. Con- cerning the suggestion of the "No Left Turn" sign, he stated that people do not follow signs. He also addressed concerns about the aesthetics of the car lot in the neighborhood. He stated that parked cars do not look nice and are not encouraging to the neighborhood. He concluded by ex- pressing his opposition to the request. Carolyn Ridout, 2315 Briarcliff Drive, addressed the Commission. She stated that she has lived in the neighborhood for twelve (12) years and has seen the property values decrease as more businesses have moved in. She stated that more commercial property in the neighborhood has increased crime. She added that Briarcliff Drive is a busy street with small children who play in Planning Commission October 19, 2020 their front yards, especially during the Covid-19 pandemic when they have little else to do. Ms. Ridout stated that crime will increase due to the unmanned cars, no office, no lighting, and no security. She expressed agreement with Mr. Decordova's statements about existing problems with car break-ins and about the traffic congestion, especially due to the school zone. She ques- tioned the assertion of the applicant that property values would not go down and his source of information. She added that there has been a car parked at the subject property for sale that is not selling so that may show that the demand for this service is not needed. Carlena Cardenas, 1740 Central Drive, addressed the Commission. She stated that a "No Left Turn" sign would not be followed. She added that even though test drives are not supposed to be conducted in residential neighborhoods, that rule is not always followed. She stated that there are a lot of elderly people and children in the neighborhood and she has concerns for their safety. She also addressed issues of crime, traffic and parked cars not looking good in the neighborhood. Jamie Anderson, 2342 Briarcliff Drive, addressed the Commission. She stated that she lives in the 2"d house down from the subject property. She stated that she is a parent of children who at - ready are not able to play outside or ride bikes due to traffic. She stated that she does not want to stop any business from being successful, but she had to speak up for her neighborhood. She added that she is the director for the nearby St. Stephen's Episcopal Church childcare, where they already have problems with safety, such as loitering and traffic. She stated that this request would add to those problems. Wanda Grimes, 1756 Briarcliff Drive, addressed the Commission. She stated that she has lived in the neighborhood for forty (40) years and that it is a peaceful neighborhood but that it has nar- row streets and problems with traffic. She stated that she is concerned for the safety of her grandchildren. She added that the cell tower is unattractive and would have protested against that as well if she had realized it would be there. She also mentioned the issues of crime with the car lot being unmanned. She added that normal car lots have opening and closing times but that since this would be unmanned, people could look at cars at any hour. The public hearing on this request was closed. The applicant spoke in rebuttal. He stated that he would be willing to add security cameras and post signs that cameras were in use, as is done in his family's cleaning businesses. He stated that lie has been offered $150,000 for the property and that this shows that property values will not decrease. He stated that he is just hying to make money which will be taxed and that he does not see a problem with the request. He stated that it will not add much traffic or noise and that he will comply with the conditions. He expressed appreciation for the Commission's considera- tion. Commissioner Makin asked Mr. Boone to explain the 20% rule again and Mr. Boone stated that with the level of opposition received would require a super majority of the City Council to be approved. 31 P1atming Commission October 19, 2020 Commissioner Quraishi moved to deny the request for a Specific Use Permit to allow used car sales in a NC (Neighborhood Commercial) District, as requested in file 2425-P. Commissioner Noyola seconded the motion. The motion to deny carried 5:0. 6) 2426-P: Request for a Specific Use Permit to allow a bar in a GC -MD (General Conurrercial — Multiple -Family Dwelling) District Applicant: J.R. Mora of Classic Construction Location: 6165 Muela Creek Drive Mr. Boone presented the staff report. J.R. Mora of Classic Construction is requesting a bar at 6165 Muela Creek Drive. The bar will be named Pour09 and will consist of a downstairs indoor bar, an outdoor patio bar with various games and a rooftop bar. Food will be offered onsite and/or provided by food trucks. Hours of operation will be 11 a.m. till 2 a.m. seven (7) days per week. 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 sub- ject property. No responses were received in favor or opposition. Staff recommended approval of the request with the following condition: 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. pro- gram. The applicant was present. J.R. Mora, representing Classic Construction, 6115 Muela Creek Drive, addressed the Commission. He stated that his clients are the owners of Tokyo Steakhouse so they are experienced in a similar business. He added that this will be the only rooftop bar in town and that there will also be an outdoor patio. The public hearing on this request was opened and closed without comment. Commissioner Makin moved to approve the request for a Specific Use Permit to allow a bar in a GC -MD (General Commercial -- Multiple -Family Dwelling) District, as requested in file 2426-P with the following condition: 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. pro- gram. Commissioner Steinhagen seconded the motion. The motion to approve carried 5:0. 7) 2427-P: Request for a Specific Use Permit to allow a multiple -family development and hotel in CBD (Central Business District) Applicant: Richard Gilbert Location: 670-690 Orleans Street Planning Commission October 19, 2020 Mr. Boone presented the staff report. Richard Gilbert is requesting permission for a multi -family development and hotel at 670-690 Orleans Street. This property is located in the Central Busi- ness District. Mr. Gilbert plans to remodel the existing building to accommodate four (4) loft apartments and a hotel with twelve (12) loft units. The existing commercial businesses on the first floor would remain. All utilities are present, but Mr. Gilbert states he plans to upgrade the incoming electrical capabilities. Parking will be provided, although the CBD district does not require off-street parking. A mini- mum number of parking spaces will not be enforced, however any parking that is provided will need to adhere to City standards in regards to dimensional requirements, ADA guidelines, traffic flow and access management. The site plan shows fifteen (15) parking spaces aligned with the west driveway, which is unacceptable. A revised parking layout will be needed for final plan approval. 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 opposition or in favor. Staff recommended approval 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. pro- gram as well as all applicable Building and Fire Codes. 2. Submit a revised site plan that complies with minimum parking standards per ordinance. Chairman Nejad stated that he had spoken on the phone with Mr. Gilbert about this project so he would recuse himself from the proceedings. Commissioner Makin took over chairing the Com- mission and Alternate Commissioner Harris was present to vote so that a quorum of Commis- sioners was still met. The applicant was present. Richard Gilbert, 4606 FM 1960 West Suite 640, Houston, TX, ad- dressed the Commission. He stated that the project will be a mixed use of commercial and resi- dential applications. He stated that it will complement the downtown area and bring more foot traffic. He stated that parking issues can easily be resolved by moving the curb cut over and that they will add about twenty-seven (27) parking spaces. The public hearing on this request was opened and closed without comment. Commissioner Quraishi moved to approve the request for a Specific Use Permit to allow a mul- tiple -family development and hotel in CBD (Central Business District), as requested in file 2427- P with the following conditions: 0 Planning Commission October 19, 2020 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. pro- gram as well as all applicable Building and Fire Codes. 2. Submit a revised site plan that complies with minimum parking standards per ordinance. Conu-nissioner Steinhagen seconded the motion. The motion to approve carried 5:0:1 (Nejad). OTHER BUSINESS None. THERE BEING NO OTHER BUSINESS, THE MEETING WAS ADJOURNED AT 4:03 P.M. 2 ABSTENTION AFFIDAVIT THE STATE OF TEXAS- § COUNTY OF JEFFERSON I, /-, as a member of the _ (City Council, Commission, or Board) make this aftT vit and hereby on oath state the following: I, and/or a person or persons related to ME), have a substantial Interest in a business entity that would be peculiarly affected by a vote or decision of the (City Council, Commission, or Board) as those terms are defined in V.T. C.A., Local Government Code, § 171,002. The business entity Is: (Name) Ll 690 sk- G iv Joy ioh,7IC -7-7o 9Y (Address) (" I," or name of relative and relationship) havelhas a substantial interest in this business entity for the following reasons: (check all of which are applicable,) Ownership of 10 percent or more of the voting stock or shares of the business entity. Ownership of either 10 percent or more or $15,00.0 or more of the fair market value of the business entity. Funds received from the, business entity exceed 10 percent of (my, her, his) gross Income for the previous year. Real property is involved, and (l,-he, she) have an Interest which is an equitable or legal ownership with a fair market value of -at least $2,500. A relative of mine, within the first or second degree by blood or marriage, has a substantial interest in the busine'ss entity or property that would be affected by a decision of the public body of which I am a member. Upon filing of this affidavitwith the City Clerk, I affirm that I will abstain from voting on any decision involving this business entity and from any further participation on this matter whatsoever. Signed this the 1-_ day of 202 Sl§Qatur6 of Official Title BEFORE ME, the undersigned authority, on this day personally appeared _ S. n - N S;' j and on oath stated that the facts hereinabove stated are true to the best of his/her knowledge or belief. SWORN to and subscribed before me on this the i i day of D20 2P . WHERINESAURALLEN Notary Public in and for the Shte of Texas "'s * My NoWy ID N 132300044 '`�' Exp a January 3, 2024