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HomeMy WebLinkAbout11-16-20 PC Minutes * M I N U T E S * JOINT PUBLIC HEARINGS PLANNING COMMISSION CITY COUNCIL City Council Chambers November 16, 2020 A Joint Public Hearing of the Planning Commission and City Council was held on November 16, 2020 and called to order at 3:08 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 Alternate Commissioner Erika Harris Commission Members absent: Commissioner Bill Little Commissioner Roy Steinhagen Alternate Commissioner Marty Craig 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 Also present: Chris Boone, Director of Planning and Community Development Adina Josey, Senior Planner Sharae Reed, First Assistant City Attorney Catherine Allen, Recording Secretary 1 Planning Commission November 16, 2020 APPROVAL OF MINUTES Commissioner Senigaur moved to approve the minutes of the Joint Public Hearings held on Oc- tober 19, 2020. Commissioner Makin seconded the motion. The motion to approve the minutes carried 7:0. REGULAR MEETING 1) 907-OB (PZ2020-135): Request for a sidewalk waiver Applicant: Stantec Consulting Services, Inc. Location: East side of Old Dowlen Road, north of Northwest Parkway Mr. Boone presented the staff report. Mac McWilliams of Stantec Consulting Services, Inc., is requesting a waiver to the requirements for a sidewalk along Old Dowlen Road at 5740 North- west Parkway. Mr. Williams states that the runoff currently drains to a low point and then exits into the ditch that flows to the north along the east side of Old Dowlen Road. He states that the proposed curb and sidewalk will prevent the runoff from flowing into the ditch. Delta Manor Apartments, the project under construction at 5740 Northwest Parkway, is a tax- payer funded, Hurricane Harvey Relief project. This location was chosen due to the proximity and walkability to nearby retail and services. Exclusion of this sidewalk would affect accessibil- ity for the residents from this complex and the complex to the north. Looking at the site plan for the project, the fence can be moved further to the east. The additional space could be dedicated as an easement or right-of-way, leaving ample room for the sidewalk without impeding the drainage. City of Beaumont Engineering has acknowledged the drainage issue and suggested approval of the waiver. However, due to the nature of the project under construction, and the ease involved in relocating the sidewalk further east, the Planning staff recommends denial of the request. Slides of the subject property and site plan were shown. Mr. Boone briefly discussed the cost estimate of the sidewalk and stated that it would be a low percentage of the overall cost of the project. He stated that there could be other options for the applicant, such as moving the property line. Staff recommended denial of the request. The applicant was not present. Commissioner Makin moved to deny the request for a sidewalk waiver on the east side of Old Dowlen Road, north of Northwest Parkway, as requested in file 907-OB (PZ2020-135). Com- missioner Quraishi seconded the motion. The motion to deny carried 7:0. 2) 909-OB (PZ2020-150): Request for the closure of a segment of Main and Pearl Streets Applicant: City of Beaumont – Police Department 2 Planning Commission November 16, 2020 Location: The 900 block of Main and Pearl Streets Mr. Boone presented the staff report. Tim Ocnaschek, City of Beaumont Emergency Manage- ment Coordinator, has requested the closure of a portion of the right-of-way on Main and Pearl Streets. These two (2) streets flank the downtown police station. The streets are currently open for public access, often creating problems for officers coming and going from the facility. All utilities and interested parties were contacted. The only response received was regarding ac- cess to the property. Although there are plans to fence some of the adjacent property, the actual street right-of-way would remain accessible to those with a right to be there. Slides of the subject property and surrounding area were shown. Staff recommended approval of the request. Commissioner Beatty left the meeting at 3:16 p.m. The applicant was present. Tim Ocnaschek, 255 College Street, addressed the Commission. He stated that the streets in question are not through streets and are already partially closed. He add- ed that there can be a lot of traffic and problems with trucks having trouble turning around on the streets. Mr. Ocnaschek stated that many people park in the parking lots and cross the train tracks on foot to get to the Jefferson County Courthouse. He stated that this is a safety issue and pro- vided an example of a woman recently being killed in Beaumont while crossing a train track, elsewhere in the City. Finally, he stated that the closing of these streets will allow restriction of people walking through them and allow more police parking. Commissioner Makin asked where citizens visiting the Police Department can park. Mr. Ocnas- chek replied that parking is available in the half circle driveway on College Street and at the pub- lic library across the street. Commissioner Noyola moved to approve the request for the closure of a segment of Main and Pearl Streets, as requested in file 909-OB (PZ2020-150). Commissioner Quraishi seconded the motion. The motion to approve carried 6:0. JOINT PUBLIC HEARINGS Mayor Ames called the Joint Public Hearings of November 16, 2020 to order at 3:20 p.m. 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. 3) 2419-P (PZ2020-140): 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: 1475 Washington Boulevard 3 Planning Commission November 16, 2020 Mr. Boone presented the staff report. Jisan Makanojiya has requested a Specific Use Permit to allow a gaming facility at 1475 Washington Boulevard with 35 machines. The hours of opera- tion for the business would be 8:00 a.m. to 10:00 p.m. Security will be provided by on site sur- veillance. There was no mention of which age groups would be allowed into the gaming area or for what time periods. In addition, the site plan submitted does not show parking spaces and there was no floor plan submitted for calculation of required parking. It should be noted that gaming facilities that have five or fewer machines tend to be considered accessory in nature, when part of a primary use, and as such tend to result in fewer negative im- pacts 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 compatibility 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 a residential neighborhood and residential sin- gle-family dwellings and within 1,000 feet of both Robert and Chaison Parks. Slides of the subject property, site plan and surrounding area were shown. Mr. Boone added that the Beaumont Police Department researched criminal activity in the area of game rooms and found a statistically higher number of calls for service in the area of game rooms, especially for the crimes of robbery and auto theft. Twenty-two (22) notices were mailed to property owners within two hundred (200) feet of the subject property. Two (2) responses were received in opposition and zero were received in fa- vor. Mr. Boone summarized the letters received in opposition. He added that the applicant also provided a petition with signatures of people in favor of the request. A review of the petition by staff indicated that the signatures were not from addresses within the immediate residential area of the proposed game room. Staff recommended denial of the request. Commissioner Makin asked if the letters in opposition were from within two hundred (200) feet of the subject property and Mr. Boone replied that they appeared to be property owners, but not residents, within the two hundred (200) feet. The applicant was present. Jisan Makanojiya, 35 Cadence Court, Richmond, TX, addressed the Commission. He stated that he did not have any further information to add. Commissioner Senigaur asked if the names on the petition were typed or signed by hand and the applicant replied that they were official signatures and that they are within the area of the proper- ty. Brief discussion about the petition followed between the Commission, Council and staff. Councilmember Neild stated that this is not the type of entertainment needed in Beaumont and that the Police Department does not support this type of establishment, especially in a high crime area. 4 Planning Commission November 16, 2020 The public hearing on this request was opened. Vantreisha Allison-Manuel, 155 E Florida Avenue, addressed the Commission. She stated that she goes to game rooms because it gives her something fun to do, especially during the Covid-19 pandemic. She stated that game rooms are a good place to socialize and meet new people. Chairman Nejad asked Ms. Allison-Manuel how she heard about the meeting and she replied that she heard about it through word of mouth. Commissioner Senigaur asked Ms. Allison-Manuel if she lived in the area of the proposed game room and if she makes any money from game rooms. She replied that she lives on the same side of town as the property and that she does not make money from them. th Sharlise Rubin, 2950 S 8 Street, addressed the Commission. She stated that game rooms give her a break from thinking about the pandemic and other stressors. She stated that going to game rooms is something that she likes to do with her grandmother and that they are comfortable and relaxing. She stated that there is not much to do now and that they give her a chance to get out. Finally, she added that game rooms do not cause problems. Tamesha Singleton, 410 E Church Street, addressed the Commission. She stated that she had spoken at a previous meeting about another game room proposal from Mr. Makanojiya and that she had come to this meeting to again support game rooms. She stated that she goes to game rooms with her aunt and that they have fun playing the games. She stated that game rooms are places to have fun, eat, drink and meet new people. Ms. Singleton added that going to game rooms is better than sitting at home stressing, especially about the Covid-19 pandemic. She add- ed that there is no drama or fighting at game rooms and that everyone is spaced out for social distancing. Finally, she stated that she goes to game rooms every day, after tending to her chil- dren, and appreciates that they are one of few entertainment businesses open during the pandem- ic. Davishari Ali, 6155 Sienna Trail, addressed the Commission. He stated that negative statements have been made about crime, but that there are always security guards and security cameras at the game rooms. Chairman Nejad asked how Mr. Ali became interested in speaking at this meet- ing and he stated that he is the brother of the applicant. The public hearing on this request was closed. The applicant spoke in rebuttal. He stated that Beaumont Police Department calls for service were isolated situations and that the overall crime rate in Beaumont is tremendously high. He asserted that game rooms have nothing to do with that. Mr. Makanojiya added that the safety of game rooms depends on who is running them and how they are being run. He readdressed the petition and stated that the signatures on the petition all came from Beaumont residents. Finally, he stated that the writers of the letters in opposition should have attended the meeting if they wanted their opinions heard. Commissioner Makin 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, as requested in 5 Planning Commission November 16, 2020 file 2419-P (PZ2020-140). Commissioner Quraishi seconded the motion. The motion to deny carried 6:0. 4) 2428-P (PZ2020-137): Request for a Specific Use Permit to allow an elementary and sec- ondary school in a GC-MD (General Commercial – Multiple-Family Dwelling) District Applicant: Acton Academy Beaumont Location: 2615 Broadway Street Mr. Boone presented the staff report. Acton Academy Beaumont is requesting permission for a school at 2615 Broadway Street. The proposed school would be similar to a single-room school- house where grades K-12 would be divided into three (3) groups each in a large “studio” class- room. Enrollment will be limited to eighty (80) students. No food will be prepared at this loca- tion, each student will be required to bring a prepared lunch each day. Hours of operation will be 8:00 a.m. till 3:30 p.m. Monday – Friday for 180 educational days per year. Slides of the subject property, site plan and surrounding area were shown. Thirty-four (34) 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 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, as well as all applicable Building and Fire Codes. The applicant was present. Colby Howell, 4770 Littlefield Street, addressed the Commission. He stated that he had no additional information to provide, but was willing to answer any ques- tions. Chairman Nejad congratulated the applicant on the expansion of the school. Commis- sioner Senigaur asked about food being served at the school and Mr. Howell replied that no food is served and that the students all bring their own lunches. Commissioner Makin inquired if the current location of the school will close and if they own or lease the new property. Mr. Howell replied that the current location will close and that they are under contract to purchase the new location. 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 an ele- mentary and secondary school in a GC-MD (General Commercial – Multiple-Family Dwelling) District, as requested in file 2428-P (PZ2020-137) 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, as well as all applicable Building and Fire Codes. Commissioner Senigaur seconded the motion. The motion to approve carried 6:0. 5) 2429-Z (PZ2020-138): Request for a Rezoning from RM-H (Residential Multiple-Family 6 Planning Commission November 16, 2020 Dwelling – Highest Density) to NC (Neighborhood Commercial), or a more restrictive dis- trict Applicant: Soutex, Inc. Location: South of Delaware Street and 120’ west of Eastex Freeway Mr. Boone presented the staff report. Jeremy Mitchell, P.E., R.P.L.S. of Soutex, Inc. has re- quested a rezoning of property on the south side of Delaware Street and 120’ west of Eastex Freeway. The corner of Delaware Street at Eastex Freeway is currently zoned NC (Neighbor- hood Commercial). The property owner would like to develop a convenience store on this cor- ner and needs more room. The additional ninety-four and 9/10 (94.9) feet along Delaware will allow for necessary maneuvering space around gas pumps and parking. Utilities appear to be adequate for this location. The convenience store is planned at the intersection of two major thoroughfares and therefore is in conformance with the Comprehensive Plan. Extending the NC zoning further down Delaware Street could be problematic, as Delaware is primarily residential, but the additional ninety-four and 9/10 (94.9) feet will not create a significant encroachment. Slides of the subject property, and surrounding area were shown. Fifteen (15) notices were mailed to property owners within two hundred (200) feet of the subject property. One response was received in favor and zero were received in opposition. Staff recommended approval of the request. Commissioner Quraishi asked about sidewalks for the project. Mr. Boone replied that when the convenience store applies for its certificate of occupancy, sidewalks will be a requirement. The applicant was present. Jeremy Mitchell, representing Soutex Inc., 3737 Doctors Drive, Port Arthur, TX, addressed the Commission. He stated that he did not have any additional infor- mation. Chairman Nejad asked if this project will be both a gas station and convenience store and the applicant confirmed that to be the case. The public hearing on this request was opened and closed without comment. Commissioner Makin moved to approve the request for a Rezoning from RM-H (Residential Multiple-Family Dwelling – Highest Density) to NC (Neighborhood Commercial), or a more restrictive district, as requested in file 2429-Z (PZ2020-138). Commissioner Quraishi seconded the motion. The motion to approve carried 6:0. 6) 2430-P (PZ2020-139): Request for a Specific Use Permit to allow a funeral home in a GC- MD (General Commercial – Multiple-Family Dwelling) District Applicant: Leroy McBride III th Location: 2315 South 11 Street 7 Planning Commission November 16, 2020 Mr. Boone presented the staff report. Leroy McBride III is requesting permission for a funeral home at 2315 S. 11th Street. This will be a second location for McBride Funeral Home, as they are currently servicing Texas City. Mr. McBride is the owner and is licensed by the state of Texas as a funeral director and embalmer. Other than himself, he plans to employ a full time re- ceptionist for this location. Ninety (90) percent of services conducted will be held in area churches, but on the occasion that a service will be held at the funeral home, 2-3 additional at- tendants would be employed. Although the site seems to have an adequate amount of space to accommodate the minimum parking requirement, the existing spaces do not meet the minimum dimensional requirements per the City standards. Therefore, a detailed site plan must be submitted illustrating a proposed park- ing layout redesign. The driveway on Blanchette Street, closest to Eleventh Street, will need to be designated entry only. Likewise, the other driveway on Blanchette Street will need to be designated exit only. The redesigned parking layout shall consist of angled spaces to promote a one-way traffic flow. Other potential issues that may need addressing include funeral procession lineup, overflow parking, and conflicts with salon customer parking. Slides of the subject property, site plan and surrounding area were shown. Twenty (20) notices were mailed to property owners within two hundred (200) feet of the subject property. One response was received in favor and zero were received in opposition. Staff recommended approval with the following conditions: 1. Construction plans must meet all requirements by Water Utilities for water and sani- tary sewer services, including any requirements of the City's pre-treatment and/or F.O.G. program. 2. Submit a redesigned parking plan to meet City of Beaumont requirements and, once approved, implement the new parking plan. th The applicant was present. Leroy McBride III, 621 13 Avenue North, Texas City, TX, ad- dressed the Commission. He stated that his existing funeral home in Texas City currently ser- vices families in Beaumont so he would like to have a closer location. Chairman Nejad asked the applicant if he understood the proposed conditions and Mr. McBride confirmed that he did understand. Commissioner Senigaur asked if the applicant had purchased the property and he replied that he will be leasing it. The public hearing on this request was opened and closed without comment. Commissioner Senigaur moved to approve the request for a Specific Use Permit to allow a fu- neral home in a GC-MD (General Commercial – Multiple-Family Dwelling) District, as request- ed in file 2430-P (PZ2020-139) with the following conditions: 8 Planning Commission November 16, 2020 1. Construction plans must meet all requirements by Water Utilities for water and sani- tary sewer services, including any requirements of the City's pre-treatment and/or F.O.G. program. 2. Submit a redesigned parking plan to meet City of Beaumont requirements and, once approved, implement the new parking plan. Commissioner Makin seconded the motion. The motion to approve carried 6:0. OTHER BUSINESS None. THERE BEING NO OTHER BUSINESS, THE MEETING WAS ADJOURNED AT 3:55 P.M. 9