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HomeMy WebLinkAboutMay 2021 PC Packet*AGENDA* PLANNING COMMISSION May 17, 2021 REGULAR MEETING PLANNING COMMISSION City Council Chambers, City Hall, 801 Main St. — 3:00 p.m. JOINT PUBLIC HEARINGS PLANNING COMMISSION AND CITY COUNCIL City Council Chambers, City Hall, 801 Main St. - 3:15 p.m. The meetings will also be broadcast on the City's YouTube channel: https://www.youtube.com/channel/UCnY6nNk8zfXZulMglzbwEBg *AGENDA* ROLL CALL APPROVAL OF MINUTES Approval of the minutes of the Meetings held April 7 & 19, 2021. REGULAR MEETING 1) PZ2021-86: Request to abandon a portion of an alley. Applicant: Grant Keller of Vaquero Ventures Location: Between 3154/3132 Shannon and 3165/3185 Highland Avenues. JOINT PUBLIC HEARING 2) PZ2021-75: Request for a Specific Use Permit and a Rezone from RS (Residential Single -Family Dwelling) and NC (Neighborhood Commercial) to GC-MD-2 (General Commercial — Multiple - Family — 2) District to allow for a coffee shop. Applicant: Grant Keller of Vaquero Ventures Location: 3154 Shannon Avenue 3) PZ2021-128: Request for a Specific Use Permit to allow a mortuary and crematory in an RCR (Residential Conservation Revitalization) District. Applicant: Comeaux Community Mortuary & Crematory, L.L.C. Location: 3510 Sarah Street 4) PZ2021-129: Request for a Specific Use Permit to allow a gaining site in an GC -MD (General Commercial — Multiple -Family Dwelling) District. Applicant: Stephanie Weitzel Location: 8440 Phelan Boulevard 5) PZ2021-133: Request for an Amended Specific Use Permit to allow a training facility for Entergy in an RCR (Residential Conservation Revitalization) District. Applicant: Entergy Texas, Inc. Location: 4950 Plant Road 6) PZ2021-134: Request for a Specific Use Permit to allow a boat and RV storage facility in an GC - MD (General Commercial — Multiple -Family Dwelling) District. Applicant: Will Henderson, Jake Henderson & Elaine Henderson - Partners Location: 8200 Phelan Boulevard 7) PZ2021-135: Request for the conveyance and dedication of private streets and infrastructure to the City of Beaumont. Applicant: President of the Wood Hollow Townhomes Home Owner's Association Location: Wood Hollow Townhomes, Sections 1 & 2 8) PZ2021-136: Request for a Specific Use Permit to allow a bar/poker room in a GC -MD (General Commercial — Multiple -Family Dwelling) District. Applicant: Larry Bibbs Location: 7211 Eastex Freeway OTHER BUSINESS ADJOURN Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact Kaltrina Minick at 880-3777. *MINUTES* JOINT PUBLIC WORKSHOP PLANNING COMMISSION CITY COUNCIL City Council Chambers April 7, 2021 A Joint Public Workshop of the Planning Commission and City Council was held on April 7, 2021 and called to order at 3:14 p.m. with the following members present: Commission Members present: Chairman Sina Nejad Commissioner Lynda Kay Makin Commissioner Taher Quraishi Commissioner Eddie Senigaur Commissioner Roy Steinhagen Alternate Commissioner Erika Harris Commission Members absent: Commissioner Johnny Beatty Commissioner Shawn Javed Commissioner Bill Little Commissioner Tom Noyola 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 Also present: Chris Boone, Director of Planning and Community Development Adina Josey, Senior Planner Tyrone Cooper, City Attorney Sharae Reed, First Assistant City Attorney Catherine Allen, Recording Secretary Planning Commission April 7, 2021 JOINT PUBLIC WORKSHOP 1) Review and discuss changes to the sign ordinance, specifically amendments to the Zoning Ordinance concerning signage, Sections 28.01.004, 28.03.018, 28.03.020, 28.03.021, 28.04.003, 28.04.005, 28.04.006, and 28.04.008(22). PZ2021-17 Mr. Boone thanked the Conunission and Councilmembers for attending the workshop and presented an introduction. He stated that the purpose of this workshop was to discuss amending the City ordinances concerning signs as a result of court cases such as Reed i� Ton�n of Gilbert, Arizona, as previously discussed in the last Planning Commission meeting. Mr. Boone stated that the approach in the proposed changes to the ordinances was an attempt to maintain the status quo as much as possible. He stated that the current ordinances have been in place for decades and appear to be working well in preventing complaints and problems with signs, but that the staff felt that change was necessary to react to the Supreme Court decision. He added that the goal of the meeting today was to decide if and how to move forward to make adjustments. Next, Mr. Boone presented the reasons for having a sign ordinance, which are similar to the reasons for having zoning and landscaping ordinances. These regulations help to maintain an orderly community and make a difference in the appearance of the City. He stated that the goal is to allow a reasonable amount of signs and that the staff wants citizens and businesses to be successful with signs that make sense for the community. He then showed slides of examples of signs in other cities as examples of what can occur if there is no regulation or control of signs. Slides of a matrix highlighting the current sign ordinance features and pictures of signs in Beaumont were shown. Mr. Boone then discussed overlay districts within the City that have more restrictive sign regulations than the City as a whole and showed pictures of further examples. Mr. Boone stated that the main topic of this workshop would be about temporary signs, such as real estate, construction, campaign, decorative signs, flags and banners. He reiterated that the discussion of these signs was necessary due to the decision of the Reed court case. Mr. Boone showed a slide highlighting a portion of the Reed case decision, which stated that the government cannot regulate signs based on the content of their messages. He stated that current ordinance of Beaumont is similar to many other cities in that the regulations are defined by the message of the sign. He added that Reed found no compelling government interest for the City to regulate the message of a sign and that this decision has left many cities struggling to remedy this decision with the ordinances they have in place. He added that the City of Beaumont's ordinances have not yet been challenged, but could be open to challenge based on this court decision. Planning Commission April 7, 2021 He then showed a slide of the current ordinance and highlighted exemptions. He stated that temporary signs do not need permits because of these exemptions, but that these exemptions are based on the content of the sign, thus causing a potential issue in light of the Reed decision. Finally, he concluded that due to the current ordinances being subject to challenge, the staff recommends making amendments. He stated that possible options are to take no action and risk challenge, amend with recommended changes or amend with various changes to the staff recommendations. A slide was shown of features of the current ordinances with details for real estate, construction, campaign, temporary decorative signs, flags and banners. Mr. Boone stated that most of the time these signs are not a problem and do not draw complaints, but preventing any future problems has become more complicated with the Reed decision. He stated again that cities now cannot regulate the content of signs, but can regulate the number, size, duration and placement of signs. Slides showing pictures of signs in Beaumont were shown. Mr. Boone added that the City is not currently enforcing most sign ordinances due to the problematic situation the court case has caused. Councilmember Neild asked who would pose a challenge to the ordinances if they are not being enforced. Mr. Cooper answered that a challenge would typically come from someone who the ordinance was being enforced against. Councilmember Getz stated that if the ordinance is not being enforced than no one would challenge it. Mr. Cooper agreed that it was not likely to be challenged for this reason, but that without change the ordinance lacks teeth and is presumptively invalid. Mr. Boone replied that if we do have an issue arise where we would need to enforce the ordinance, we would be subject to challenge. He added that we have not had many problems, but posited that this was due to having a good ordinance in place. Councilmember Getz brought up an issue with campaign signs being regulated and cited Section 259.003 of the Texas state election code, which states that political signs cannot be regulated by municipalities. Mr. Cooper stated that the state law is just as subject to challenge as the current ordinance and that it is also presumptively invalid. He added that the current ordinance could be left as is, but it would be irresponsible in his opinion. Councilmember Getz stated that there is a conflict with the ordinance and the election code and that the state law would override the city ordinance. Mr. Boone stated that this was a problem. Mr. Cooper agreed that it is a problem and that the election code is causing the City to violate the Reed decision and that attempting to comply with the Reed decision is the reason for the meeting today. Councilmember Getz stated that someone could challenge the state law and they all took oaths to uphold the laws of Texas. Mr. Boone stated that the City cannot prohibit any sign with a campaign message without seeing its content and campaign signs would be further discussed later in the meeting. Councilmember Neild asked about complaints and problems with signs other than during campaign season. Mr. Boone replied that there have been some issues particularly in residential areas, but that the City has been able to stay ahead of complaints through enforcement. Brief discussion followed concerning signs in the right-of-way. Mr. Boone and 114•. Cooper explained Planning Commission April 7, 2021 that signs in the right-of-way are not affected by either the Reed decision or the state election code because the content of the sign is not a factor. Chairman Nejad asked if the number of signs is affected by the Reed decision. Mr. Boone and Mr. Cooper explained that the number, size, height and placement can still be regulated. Commissioner Senigaur asked why the ordinance needs to be changed and Mr. Boone replied that the current ordinance needs amending in order to comply with this court decision or it will be subject to challenge. Mr. Boone added that many other cities and organizations are working on this issue to amend their ordinances to comply with the court decision. Councilmember Neild asked if it was possible to get an attorney general decision on the matter. Mr. Cooper stated that he did not think the attorney general would provide an opinion. Alternate Commissioner Harris inquired about the cost and effort that would be required for an attorney general decision and questioned its usefulness. Councilmember Neild stated that it would show an effort to resolve the issue. Mr. Boone asked if a city could challenge the state statute and Mr. Cooper replied that they would have to have standing to challenge it. Mr. Cooper stated that the issue would be how successful that challenge would be and that the attempt of staff in this proposal was to try to beef up the current ordinance to correct the problem. Councilmember Getz stated that the proposal will still be in conflict with the state election code, which also could open the City to challenge. Alternate Commissioner Harris asked for further information about the overlay districts and Mr. Boone explained the sign regulations in overlay districts. Discussion followed about the current ordinance for campaign signs. Councilmember Getz stated that the sixty (60) day duration does not currently specify when the sixty (60) days begins. Discussion followed about the intent of the current ordinance and that this problem could be addressed with these amendments. Commissioner Makin stated that campaign signs seem to have only recently become a problem. Chairman Nejad asked about temporary decorative signs such as those that say "Happy Birthday" and about each letter of the display being counted as an individual sign. Mr. Boone stated that the proposal is not to count each letter as a single sign and that it will be discussed later in the presentation. Chairman Nejad stated that he did not know why we would want to subject the citizens to this kind of regulation and Mr. Boone reiterated that it would be up to the Commission and Council how much regulation they wanted. Commissioner Senigaur stated that it sounded like a dictatorship. Mr. Boone continued the presentation in which he went through each category of temporary sign and showcased the current ordinance and proposed amendments. As the content portions of the ordinance would be removed, these proposed amendments would not specify the message or content of the sign, but rather allow additional signs in different situations. Additional signs would be allowed with specific regulations when a property is under construction, for sale or lease, holding a garage sale and during election season. 4 Planning Commission April 7, 2021 Construction signs were the first type of temporary signs presented. Slides of examples, features of the current ordinance and proposed changes were shown. The current ordinance allows one sign per street, forty (40) square foot maximum, no height limit and signs allowed during the time of construction. The proposed changes for residential zones included allowing one sign per street, eight (8) square foot maximum, six (6) foot height maximum and signs allowed until a Certificate of Occupancy is issued. The proposal for commercial zones included no number limit, forty (40) square foot maximum, fifteen (15) foot height limit, and also allowed signs until a Certificate of Occupancy is issued. Another option presented by staff was to have no restrictions on temporary signs during construction. Discussion followed concerning the options for amendments and the justifications for the necessity of construction signs. After firrther discussion, a consensus was reached to have no restrictions on temporary signs during construction. Real estate signs were then discussed. Slides of examples, features of the current ordinance and proposed changes were shown. The current ordinance allows one sign per street, eight (8) to sixty-four (64) square foot maximum, no height limit and signs allowed while a property is for sale or lease. The proposed amendments for residential zones included one sign per street, eight (8) square foot maximum, six (6) foot height maximum, and signs allowed while a property is for sale or lease. The proposed amendments for commercial zones included no number limit, fifty (50) square foot maximum, fifteen (15) foot height maximum and signs allowed while a property is for sale or lease. Another option presented was to have no restrictions on temporary signs while a property is for sale or lease. Mr. Boone did point out that some properties, especially commercial properties, do tend to stay on the market for long periods of time. Clarification was provided from Mr. Boone and Mrs. Josey that it would be one sign per street frontage per lot rather than one sign allowed for the whole street. Councilmember Neild stated that a sign must be read to determine that it is a real estate sign. Mr. Boone replied that this proposed amendment cannot specify that it has to be a real estate sign because content cannot be regulated, but that it allows an additional sign while a home is for sale or lease. He added that a reasonable person would probably use this exemption to put up a real estate sign, but that they would not be required to. Mrs. Josey also clarified that this would be a sign in addition to what is already allowed. Councilmember Neild asked what if someone says that their house is always for sale. Mr. Boone replied that this could be a defense to the ordinance. Commissioner Makin asked about corner lot homes and if they could only have one sign. Mr. Boone replied that it a corner lot could have a sign facing each street. Councilmember Getz asked about if someone put up a sign that was racially offensive or otherwise inflammatory. Mr. Cooper replied that if you have to read it to see that it is offensive that it cannot be regulated and is considered free speech under the Reed decision. Alternate Commissioner Harris suggested that a home owners or neighborhood association may be able to address the sign. Councilmember Neild stated that home owner associations have been challenged in court as well. Councilmember Getz stated that home owner associations cannot regulate campaign signs under state law. Councilmember Pate asked if we had ever had such a situation with an offensive sign. Alternate Commissioner Harris mentioned the Kathy Page billboards in Vidor, TX. Mayor Ames stated that they have received complaints about suggestive billboards in Beaumont, but that the City is unable to regulate them. Mr. Boone 5 Planning Commission April 7, 2021 suggested that if the sign were clearly pornographic or especially egregious that there should be some remedy available outside of the sign ordinances. No changes were suggested by the Commissioners or Councilmembers to the staffs proposal for real estate signs. Chairman Nejad asked that Mr. Boone be allowed to continue the prepared presentation. The next type of temporary sign presented was temporary decorative signs. Slides of examples, features of the current ordinance and proposed changes for residential and commercial areas were presented. The current ordinance does not allow for this type of sign. The staff proposal included a limit of one sign, limit of sixty (60) square feet, a five (5) foot height maximum, and a duration limit of seven (7) days. Another option presented was to have no restrictions on temporary decorative signs but to limit the number of days to seven (7) days. Discussion followed concerning these signs not usually being a problem as the companies charge by the day so they are usually not up for very long. Councilmember Neild stated if there is a time limit people would be able to take them down and then put them right back up. Mr. Boone suggested that a regulation for the number of times a year they could be displayed could be added. Discussion followed about this and concluded that regulation on number of times per year would be unfair and not necessary. Mayor Ames stated that it should be left as proposed and that it is not usually a problem. Mr. Cooper added that the vendors of these signs will come and pick them up because they need them for other jobs. A consensus was reached to accept the proposed amendments. The next type of temporary sign presented was for yard sales or garage sales. Slides of examples, features of the current ordinance and proposed changes were presented. The current ordinance includes a limit of one sign, six (6) square foot maximum, five (5) foot height limit, and signs allowed during a garage sale twice a year. The staff proposal included a limit of one sign, six (6) square foot maximum, six (6) foot height maximum and signs allowed during the garage sale for any ten (10) days in a calendar year. Another option presented would be no limit for a period of time before and during the garage sale. Mr. Boone stated that garage sale signs are not usually an issue, unless a resident is leaving the sign up continuously and essentially running a business. Mr. Cooper mentioned that signs cannot be up for more than ten (10) consecutive days. Commissioner Senigaur inquired about the penalty for violations of the current ordinance. Mr. Boone replied that there is a usually a courtesy letter or call which typically elicits compliance, but if not there can also be a warning letter issued and finally charges brought in Municipal Court. No changes to the staffs proposal were suggested by Commissioners or Councilmembers for this type of sign. Campaign signs were the next type of temporary sign discussed. Slides of examples, features of the current ordinance and proposed changes for residential and commercial areas were shown. The current ordinance includes no number limit, eight (8) square foot maximum, six (6) foot height limit, and duration of sixty (60) days maximum. The staff proposal for residential zones included no number limit, twenty (20) square foot maximum, eight (8) foot height maximum, and a duration of sixty (60) days prior to an election. The staff proposal for commercial zones included no number limit, eight (8) square foot maximum, six (6) foot height maximum, and If Planning Commission April 7, 2021 duration of sixty (60) days prior to an election. Another option presented was to have no limit on temporary signs during a defined campaign season. Discussion followed concerning the details of the current ordinance provisions. Commissioner Steinhagen asked if there is currently a rule about how close signs can be to the curb. Mr. Boone replied that there is not a setback rule, but that signs cannot be placed in the right-of-way. Discussion followed about 4x4 signs being comrnon, but technically not allowed under the current ordinance. Further discussion followed on how much to regulate size and duration and what would be reasonable, typical and enforceable. Councilmember Pate stated that the price of large signs helps prevent their overuse. A consensus was reached that the size of campaign signs should be sixteen (16) square feet maximum in residential zones and forty (40) square feet maximum in commercial zones. No other changes to the staff proposal were suggested by Commissioners or Councilmembers. A brief discussion followed concerning election signs on City property. Mr. Cooper stated that signs can be regulated on City property regardless of the proposed ordinance changes. Discussion followed about the enforcement of the sign ordinances and how the City becomes aware of violations. Councilmember Getz suggested that as opposed to City regulations, that citizens could use nuisance laws to enforce restrictions. Alternate Commissioner Harris suggested that these types of regulations are what the City staff is employed to do and that informed and reasonable laws are needed. She argued that regulations are necessary for the beautification of the City and that something needs to be on the books. She added that she has not heard anything unreasonable in the staff presentation and supports the efforts of the meeting. Mayor Ames and Chairman Nejad highlighted the Planning Commission's past actions concerning flashing signs and other beautification efforts. The next type of temporary sign discussed was flags. Slides of examples were shown. Mr. Boone stated that the current ordinance does not really address flags. The staff proposal for flags in residential zones included a limit of two (2) flags, twenty-four (24) square foot maximum, twenty-five (25) foot height maximum, and no time limit. The staff proposal for commercial zones included no limits on number, size, or height but proposed a restriction of the flag having to be ten (10) feet from the property line. Another option presented was to have no restrictions on flags. Councihneniber Pate asked if many complaints have been made about flags. Mr. Boone replied that they have not. Commissioner Steinhagen stated that branded flags on businesses often come in kits from the company and that the whole kit must be displayed for payment. Mayor Ames stated that she did not find flags on businesses offensive. Councilmember Pate suggested that if there are not complaints about flags, they should not add regulations. After further discussion, a consensus was reached to not add regulation of flags. The Commissioners and Councilmembers all thanked Mr. Boone for his work and presentation. Chairman Nejad stated that the amendments would be on the agenda at the next Planning Commission meeting for a vote. OTHER BUSINESS None. 7 Planning Commission April 7, 2021 THERE BEING NO OTHER BUSINESS, THE MEETING ADJOURNED AT 4:44 P.M. *MINUTES* JOINT PUBLIC HEARINGS PLANNING COMMISSION CITY COUNCIL City Council Chambers April 19, 2021 A Joint Public Hearing of the Planning Commission and City Council was held on April 19, 2021 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 Roy Steinhagen Alternate Commissioner Erika Harris Conunission Members absent: Commissioner Bill Little Commissioner Lynda Kay Makin Commissioner Tom Noyola Commissioner Taher Quraishi Commissioner Eddie Senigaur Alternate Commissioner Marty Craig Alternate Commissioner Lauren Williams Mason Councilmembers present: Mayor Becky Arises Mayor Pro -Tern Randy Feldschau Councilmember Audwin Samuel Councilmember Robin Mouton Also present: Chris Boone, Director of Planning and Conununity Development Adina Josey, Senior Planner Tyrone Cooper, City Attorney Kyle Hayes, City Manager Catherine Allen, Recording Secretary Planning Comrnission April 19, 2021 APPROVAL OF MINUTES Alternate Commissioner Harris moved to approve the minutes of the Joint Public Hearings held on March 15, 2021. Commissioner Beatty seconded the motion. The motion to approve the minutes carried 5:0. REGULAR MEETING 1) PZ2021-70: Request for Preliminary Plat approval of Willow Creek Country Club Estates, Section X-E, Beaumont, Jefferson County, Texas. Applicant: Eric Giron Location: East of Willowbend Drive just north of Quail Hollow Drive Mr. Boone presented the staff report. Eric Giron, E.I.T., of Schaumburg & Polk, Inc. has requested preliminary plat approval of Willow Creek Country Club Estates, Section X-E. The project is located northeast of the intersection of Major Drive and Walden Road within the Beaumont City Limits. The development is a 5.273 acre, nineteen (19) lot, single family, residential subdivision. The residential street, Skellig Bay, has a fifty foot (50') right-of-way with a pavement width of twenty-seven feet (27'). The collector, Willow Bend Drive, has a sixty foot (60') right-of-way with a thirty-seven foot (37') pavement width. Water and sewer will be provided by extension of City of Beaumont utilities. The applicant is requesting a waiver to Ordinance Section 26.03.002 requiring the street intersection centerlines to be 150' apart. Mr. Giron states the location of the proposed street is due to previous development to the east (Champions Subdivision) which resulted in the now existing sanitary sewer main. The proposed offset between the proposed Skellig Bay and the existing Quail Hollow Drive would be approximately 110 feet instead of 150 feet. Section 26.05.002(a) (1) Where the planning commission finds that extraordinary hardships or practical difficulties may result from strict compliance with these regulations or that public interest may be served by an alternative proposal, it may approve variances to these subdivision regulations so that substantial justice may be done and the public interest secured provided that such variances shall not have the effect of nullifying the general intent and purpose of these regulations; and further provided that the planning connnission shall not approve variances unless it shall make findings based upon the evidence presented to it in each specific case that: (A) The granting of the variance will not be detrimental to the public safety, health, or welfare or h jtn•ious to other• property. (B) The conditions upon which the request for a variance is based are unique to the property for which the variance is sought and are not applicable generally to other property. (C) Because of the particular physical surroundings, shape or topographical conditions of the specific property involved, a particular hardship to the owner would result, as distinguished from a mere inconvenience, if the strict terms of these regulations are enforced. (D) The variance will not in any significant way vary the provisions of the zoning ordinance, zoning map, or comprehensive plan. K Planning Commission April 19, 2021 Per the Subdivision Ordinance Section 26.05.002(a)(1), should the Planning Cornrnission determine that the requested waiver is justified, the Planning Staff recommends approval of the Preliminary Plat. This item was sent to all interested parties. Slides of the plat were shown. Mr. Boone explained the waivers requested for this plat. He added that after a discussion about waivers at the last meeting, additional language for the waivers for this plat was added to the staff report. He also added that Brandon Belaire from City Engineering was present at the meeting and could speak about the waiver requests as well. Staff recommended approval with the requested waiver. Chairman Nejad asked about the reason for the waiver and that he did not see that the applicant had explained a reason, other than financial. The applicant was present. Troy Whitehead, representing Schaumburg & Polk, Inc., 8865 College Street Suite 100, addressed the Commission. He stated the location of the proposed street is due to previous development to the east and that they are requesting a sewer through Willow Bend Drive to tie into the larger system. He added that they had previously gotten an easement and they were now coming back to continue development. Mr. Whitehead also added that they had a predevelopment meeting with City staff, where they discovered they would need this waiver. Chairman Nejad mentioned potential traffic and blind spot problems. The applicant stated that according to their sight distance pyramid, the configuration should not cause a problem and that there is no through traffic on the subject street. Mr. Whitehead also stated that they would like the sewer line to remain in the public right-of-way. Brandon Belaire, City of Beaumont Roadway Engineer, 4821Bellaire Avenue, Groves, TX, addressed the Commission. He stated that from a traffic engineering standpoint, he does not see the configuration of this plat as an issue. He stated that the cars will not be in each other's way based on the sight distance triangle and that because it is on the outside of the curve, there should be a clear view in both directions. He added that all -way stops or traffic signals are not warranted in this situation because it is not a through or collector street. He admitted that some confusion may occur for drivers unfamiliar with the area, but that it is a low traffic area with most traffic being the residents of the subdivision. He stated that the geometry and sight lines should be adequate. Chairman Nejad asked where the number of 150' in the ordinance came from and Mr. Belaire responded that he did not know. Mr. Boone stated that the subdivision regulations attempt to form a grid based layout, with maximum visibility and efficiency. Chairman Nejad asked Mr. Belaire if this plat would be detrimental to the subdivision, in his professional opinion, and Mr. Belaire replied that it would not be. 3 Planning Commission April 19, 2021 Alternate Conunissioner Harris moved to approve the request for Preliminary Plat approval of Willow Creek Country Club Estates, Section X-E, Beaumont, Jefferson County, Texas, as requested in file PZ2021-70, with the requested waiver. Commissioner Steinhagen seconded the motion. The motion to approve carried 5:0. 2) PZ2021-80: Request for Preliminary Plat approval of Pine Island Estates, Phase 3A, Jefferson County, Texas. Applicant: Donald R. King, P.E. of Fittz & Shipman, Inc. Location: Near the intersection of South Pine Island Road and Walden Road Mr. Boone presented the staff report. Fittz and Shipman, Inc. has requested preliminary plat approval of Pine Island Estates, Phase 3A. The project extends west of the existing Phase 2, along Ponderosa Trail, intersecting Bond Road, within the Planning Area of the City of Beaumont E.T.J. The 36.821 acre development is a thirty (30) lot, single family, residential subdivision. Lots will front on the extension of Ponderosa Trail or Shortleaf Trail. Water will be provided by Meeker Municipal District and sewer will be individual septic systems. Although this property is located outside of the flood hazard, due to historical flooding, minimum required floor slab elevation will be set at elevation 31.00. This requirement is noted on the plat. As the subdivision lies within the Planning Area of the E.T.J., Jefferson County design and construction specifications shall apply. The applicant is requesting waivers to Section 26.03,002 requiring that a cul-de-sac be no more than 800' in length and rural standards requiring a maximum of twenty-four (24) lots on a single outlet street. The Planning staff recommends approval of the plat. Although waivers were requested, per Beaumont Subdivision Ordinance section 26.03.002(12) Street design, construction and acceptance is subject to approval of Jefferson County Engineering and City of Beaumont Engineer. Street lights, however, are not required. This item was sent to all interested parties. Slides of the plat were shown. Mr. Boone explained that the subject property is in the Planning Area of the Jefferson County E.T.J. so the standards are set by the county. The applicant had requested a variance in cul-de- sac length and a waiver of street lights, but as it is in the E.T.J., these are not needed from the City. Staff recommended approval of the request. The applicant was present. Don King, representing Fittz & Shipman Inc., 1405 Cornerstone Court, addressed the Commission. He stated that this was the next phase of development from the Doguet's Diamond D Ranch. He added that the main road will be an eighty foot (80') right- of-way with a thirty-six foot (36') roadway and the other streets will be a sixty foot (60') right- 4 Planning Commission April 19, 2021 of -way with twenty-four foot (24') roadway. He added that they will meet the county standards and will have open ditches and large lots in a rural area about four (4) miles from the city limits. Chairman Nejad asked if there will be cul-de-sac continuation and Mr. King replied that there would be a temporary cul-de-sac until the roadway is extended. He added that there will be a good turnaround three hundred feet (300') from the intersection. Commissioner Beatty moved to approve the request for Preliminary Plat approval of Pine Island Estates, Phase 3A, Jefferson County, Texas, as requested in file PZ2021-80. Commissioner Javed seconded the motion. The motion to approve carried 5:0. 3) PZ2021-84: Request for aReplat of Lot 1 into Lots I & 1B, Block 11, Woodland Acres, Beaumont, Jefferson County, Texas. Applicant: Thomas S. Rowe Location: 6985 and 6995 Ellen Lane Mr. Boone presented the staff report. Thomas Rowe of Mark W. Whiteley & Associates, Inc., has requested approval of a Replat of Lot 1 into Lots I & 1B, Block 11, Woodland Acres; Beaumont, Jefferson County, Texas. The intention of the plat is to divide one large lot into two (2) creating a new vacant buildable lot. Both lots exceed the minimum lot requirements. Slides of the plat were shown. Eleven (11) notices were mailed to property owners within two hundred (200) feet of the subject property. One response was received in favor and two (2) were received in opposition. Mr. Boone stated that the letters received in opposition were from the same property owner and he summarized their responses that stated they want to keep larger lots. Mr. Boone stated that the lots do meet the City requirements and that the staff recommends approval of the request. The applicant was present. Tom Rowe, representing Mark W. Whiteley & Associates, Inc., 3250 Eastex Freeway, addressed the Commission. He stated that this is a large lot with an intersection and that the property owner wants to sell the remaining portion of their property, as has been done in the past. Chairman Nejad asked why the neighbor is opposing the request. Mr. Rowe stated that it sounds like they want to keep large lots, but stated that this will still be a large lot. Mr. Boone read some more details from the letter in opposition which stated that the subdivision is called Woodland Acres because the lots are at least an acre and that they value these open spaces and pay a premium for them. The public hearing was opened and closed without coimnent. Commissioner Steinhagen moved to approve the request for a Replat of Lot 1 into Lots I & 1 B, Block 11, Woodland Acres, Beaumont, Jefferson County, Texas, as requested in file PZ2021-84. Commissioner Javed seconded the motion. The motion to approve carried 5:0. Planning Cormmission April 19, 2021 4) PZ2021-85: Request for a Replat of Plat SP-2, Tract 110-D, H. Williams Survey and part of Lot 1, Cummins Place into Lots IA & 113, Cummins Place, Beaumont, Jefferson County, Texas. Applicant: Thomas S. Rowe Location: 7810 and 7820 Halliday Lane Mr. Boone presented the staff report. Thomas Rowe of Mark W. Whiteley & Associates, Inc., has requested approval of a Replat of Plat SP-2, Tract 110-D, H. Williams Survey and part of Lot 1, Cummins Place into Lots IA & 113, Cummins Place, Beaumont, Jefferson County, Texas. At some point in the past, a portion of the sewer line for 7810 Halliday Lane was placed on the neighbor's property and the owner is purchasing a portion of 7820 Halliday to correct the problem. Both lots exceed the minimum lot requirements. Slides of the plat were shown. Two (2) notices were mailed to property owners within two hundred (200) feet of the subject property. No responses were received in favor or in opposition. The applicant was present. Torn Rowe, representing Mark W. Whiteley & Associates, Inc., 3250 Eastex Freeway, addressed the Commission. He stated that the property owner realized that part of their sewer line was on the neighbor's property. That neighbor has passed away and the survivors were attempting to correct this problem in order to sell the property. The public hearing was opened and closed without comment. Alternate Commissioner Harris moved to approve the request for a Replat of Plat SP-2, Tract 110-D, H. Williams Survey and part of Lot 1, Cummins Place into Lots IA & 113, Cummins Place, Beaumont, Jefferson County, Texas, as requested in file PZ2021-85. Commissioner Javed seconded the motion. The motion to approve carried 5:0. 5) PZ2021-93: Request for Preliminary Plat approval of Champions Subdivision, Phase Il, Beaumont, Jefferson County, Texas. Applicant: Joe Pattie for Arceneaux, Wilson & Cole, L.L.C. Location: Northerly extension of Dania Drive Mr. Boone presented the staff report. Joe Pattie, on behalf of Arceneaux Wilson & Cole, has requested preliminary plat approval of Champions Subdivision, Phase II. The project is located at the north end of Dania Drive, across from Dishman Elementary School. The 6.8611 acre development is a twenty-two (22) lot, single family, residential subdivision. All lots will front on newly constructed streets. Omar Street and Dana Drive are both fifty foot (50') wide right-of- ways. Water and sewer will be provided by the City of Beaumont and lots exceed the minimum lot area, width and depth requirements for residential property. Due to the proximity of Dishman Elementary, sidewalks will be required to be completed along with street construction. Slides of the plat were shown. 0 Planning Commission April 19, 2021 Staff recommended approval with the following condition: 1. Provision of sidewalks in accordance with Section 26.03.004. The applicant was present. Joe Pattie, representing Arceneaux, Wilson & Cole, 3120 Central Mall Drive, addressed the Commission. He stated that this project was on behalf of Galaxy Homes. He added that this is the second phase of the project and that the first phase is almost complete. Chairman Nejad asked if he understood the condition of adding sidewalks and Mr. Pattie confirmed that they will be putting in sidewalks and have already done so on the first phase. Alternate Connnissioner Harris moved to approve the request for a Preliminary Plat approval of Champions Subdivision, Phase 11, Beaumont, Jefferson County, Texas, as requested in file PZ2021-93, with the following condition: 1. Provision of sidewalks in accordance with Section 26.03.004. Commissioner Steinhagen seconded the motion. The motion to approve carried 5:0. 6) PZ2021-104: Request for Preliminary Plat approval of Spring Wood, Section 2, Beaumont, Jefferson County, Texas. Applicant: Aaron Ward of Faust Engineering and Surveying, Inc. Location: Extension of Alexis Street to the north Mr. Boone presented the staff report. Faust Engineering & Surveying, Inc. requested and received preliminary plat approval of Springwood, Section 2 back in 2015. This approval has since expired and the item is before you for approval again with a few changes. The project is located within the City of Beaumont at the northwest end of Alexis Street, northwest of RFD Road. The development is a 5.55 acre, twenty-six (26) lot, single family, residential subdivision. Riplee, a residential street, will have a fifty foot (50') right-of-way and twenty-seven foot (27') wide pavement. The extension of Alexis, a minor collector, will have a sixty foot (60') right-of- way and thirty-six (36') wide pavement. Utilities will be provided by extension of City of Beaumont water and sewer. The property owner is expected to extend Alexis within two (2) years of completion of this project. Section 26.03.002 of the Subdivision Ordinance states: "Wien the planning connnrission determines that there is a reasonable expectation that a dead- end street will be extended within two (2) years, construction of a temporary cul-de-sac may be approved.. The portion of the temporary cul-de-sac which will serve as an extension of the street shall be constructed in accordance with the city standards and that additional portion of the temporary cul-de-sac shall be in accordance with the city standards for a permanent cul-de-sac or a cement stabilized base with an asphaltic concrete siuface. The pavement radius shall be twenty -five (25) feet within a fifty foot right-of-way (irr fee or easement). No parking shall be allowed on a street terminating with a temporary cul-de-sac. No curb shall be required on a teniporw y cul-de-sac. " 7 Planning Commission April 19, 2021 In addition, due to the proximity of Roy Guess Elementary, sidewalks will be required to be completed along with street construction. This item was sent to all interested parties. Slides of the plat were shown. Staff recommended approval with the following conditions: 1. Provide a temporary cul-de-sac at the northwest end of Alexis Street. 2. Provision of sidewalks in accordance with Section 26.03.004. The applicant was present. Richard Faust, representing Faust Engineering & Surveying Inc., 5550 Eastex Freeway Suite O, addressed the Commission. He stated that they had no objections to the conditions. Chairman Nejad asked who polices the two (2) year time limit for the extension of the cul-de- sac. Mr. Boone replied that the Planning and Engineering staff would readdress the issue if not done timely. Chairman Nejad asked what would happen if the property was sold and Mr. Boone replied that the condition would run with the land. Conunissioner Steinhagen moved to approve the request for a Preliminary Plat approval of Spring Wood, Section 2, Beaumont, Jefferson County, Texas, as requested in file PZ2021-104, with the following conditions: 1. Provide a temporary cul-de-sac at the northwest end of Alexis Street. 2. Provision of sidewalks in accordance with Section 26.03.004. Commissioner Beatty seconded the motion. The motion to approve carried 5:0. JOINT PUBLIC HEARINGS Mayor Ames called the Joint Public Hearings of April 19, 2021 to order at 3:38 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. 7) PZ2021-17: Request for amendments to the Zoning Ordinance concerning signage, Sections 28.01.004, 28.03.018, 28.03.020, 28.03.021, 28.04.003, 28.04.005, 28.04.006, and 28.04.008(22). Applicant: City of Beaumont, Planning Division Mr. Boone presented the staff report. As a result of court cases such as Reed v. Tows: of Gilbert, Arizona and Reagan National Advertising v. City ofAustin, Texas, most city sign ordinances and many state statutes regulating signs are now subject to challenges of being unconstitutional. The decisions relate to the heavy burden that cities have to justify regulating speech. The courts have essentially said that if a city or state has to read a sign to enforce their ordinance, it is probably unconstitutional. The issue for Beaumont and most cities' sign ordinances is that being able to read a sign is critical to their enforcement. In an attempt to comply with these decisions, the E Planning Commission April 19, 2021 Planning Staff is recommending amendments to Sections 28.01.004, 28.03,018, 28.03.020, 28.03,021, 28.04.003, 28.04,006 and 28.04.008(22) of the Zoning Ordinance. The proposed amendments offer new language that will allow a reasonable number, size and design of signs for differing uses in differing zoning districts while substantially retaining the established regulatory schemes of citywide sign rules as well as special sign rules specific to the historic and overlay districts. In addition, new definitions of advertising signs and on -premise signs will allow for the ongoing enforcement of billboards without the need to rely on the content of the sign to do so. Mr. Boone stated that this proposal was discussed at a special workshop, as a follow up from the March Planning Commission meeting. He surnmarized the issues that the court decisions have had on sign ordinances no longer being able to be regulated by content, but that the number, size, height, and placement of signs can still be regulated. He stated that the work session primarily looked at temporary signs, including construction, real estate, election and garage sale signs. He discussed some of the consensuses that were reached at the workshop about these categories of temporary signs. He added that the proposal before the Commission were amendments to the ordinances based on what came out of the work session. Commissioner Steinhagen asked if the City's ordinances were wrong before these court cases. Mr. Boone stated that there was a Supreme Court decision about twenty (20) years ago that had a similar decision to the Reed case, but was not as straightforward a decision. He stated that this put cities on notice, but many cities were unsure how to address the problem. He added that the Reed case, about five (5) years ago, has created the issue anew and has left cities snuggling to find a remedy. He added that the proposed amendments are not ideal, but are the best way to achieve reasonable regulations. Commissioner Steinhagen stated that he was present at the workshop, but he still has trouble with seeing a problem with the current ordinances and how guidelines for these types of signs could be made without knowing the content of the sign. Mr. Boone explained that the content of the sign is not used in the proposed amendments, but rather allows different guidelines for signs based on the situation, such as during an election season or when a property is for sale. Mr. Boone explained that the Reed decision caused the City's ordinance's to be subject to challenge because they are based on the content on the sign. He added that the proposed amendments are an attempt to maintain sign regulations, while attempting to comply with the court's decision. Chairman Nejad stated that he did not think much was accomplished at the workshop and questioned why it would be necessary to go through this exercise. Mr. Boone replied that staff feels this is the only way this will work under the Reed decision. Mr. Cooper stated that the amendments are an attempt to get us "out of the ditch" and onto "flat land" and that without the amendments, we are subject to challenge. Commissioner Steinhagen mentioned upcoming conferences about this issue and how decisions made there could affect matters. Mr. Cooper stated that the International City Attorney's Association has seminars on this issue every spring because the issue is a moving target as different cities become attacked by challenges. He stated Planning Commission April 19, 2021 that any changes will not be ideal, but are attempts to comply with the court decisions. Chainnan Nejad replied that he does not yet see the "flat land." Mr. Cooper replied that we may not be there yet, but are trying to get there. Mayor Ames mentioned that the proposed amendments do clarify the time limit for election signs, which is not clear in the current ordinance. Mr. Boone agreed that this does clean that issue up, without regulating election signs based on content. Chairman Nejad stated that this is sacrificing the rights of other citizens because of those who put up signs where they should not have. He used an example of having three kids in three different schools or military branches and not being able to display signs for all of the schools or military branches and the American flag because of someone else breaking the rules about election signs and causing this issue. He also questioned if the ordinances are enforceable. Mr. Boone stated that the consensus of the work session was not to regulate flags. He added that the options are to do nothing or to make amendments. Alternate Commissioner Harris stated that the duration of signs was clarified in the proposed amendments. Chairman Nejad stated that this was sacrificing citizen's rights because of the political signs. Mr. Boone stated that the amendments base regulations on situations rather than content and referred to the consensuses reached at the workshop. Alternate Commissioner Harris moved to approve the request for amendments to the Zoning Ordinance concerning signage, Sections 28.01.004, 28.03.018, 28.03.020, 28.03.021, 28.04.003, 28.04.005, 28.04.006, and 28.04.008(22) , as requested in file PZ2021-17. The motion was not considered due to a lack of second. Commissioner Steinhagen moved to deny the request for amendments to the Zoning Ordinance concerning signage, Sections 28.01.004, 28.03.018, 28.03.020, 28.03.021, 28.04.003, 28.04.005, 28.04.006, and 28.04.008(22) , as requested in file PZ2021-17. Commissioner Javed seconded the motion. The motion to deny carried 3:2 (Harris and Beatty). 8) PZ2021-45: Request for a Revised Specific Use Permit to allow the expansion of a school in a GC -MD (General Commercial — Multiple -Family Dwelling) District. Applicant: Stephen West for Randy Clark Location: 10255 Eastex Freeway Mr. Boone presented the staff report, Stephen West is requesting permission to expand a charter school at 10255 Eastex Frwy. Triumph Church requested a Specific Use Permit for a school in 2011. Plans are to expand the school by placing three (3) modular buildings on the property just north of the existing school/church. The existing parking will be sufficient for the added classroom space. The school, in general, does not operate at the same time the church is meeting. The property is bordered to the west by Old Voth Road and to the east by Eastex Freeway. Slides of the subject property, site plan and surrounding area were shown. 10 Planning Commission April 19, 2021 Twelve (12) notices were mailed to property owners within two hundred (200) feet of the subject property. No responses were received in favor and one was received in opposition. Mr. Boone stated that the letter in opposition did not include any comments about why they were opposed and that it was from a property across Old Voth Road. Staff recommended approval of the request with the following condition: 1. An amended Specific Use Permit would be required for 10255 Eastex should the buildings be leased or sold to a different owner or user. The applicant, Stephen West, representing Mark W. Whiteley & Associates, Inc., 3250 Eastex Freeway, addressed the Commission. He stated that this was a straight forward request and that the church is looking to expand and add modular buildings for classrooms. He added that construction plans will be submitted and will meet City regulations. Chairman Nejad asked if the buildings will be permanent and Mr. West replied that they will be modular buildings, but will be there permanently. The public hearing was opened and closed without comment. Commissioner Beatty moved to approve the request for a Revised Specific Use Permit to allow the expansion of a school in a GC -MD (General Commercial — Multiple -Family Dwelling) District, as requested in file PZ2021-45 with the following condition: 1. An amended Specific Use Permit would be required for 10255 Eastex should the buildings be leased or sold to a different owner or user. Alternate Commissioner Harris seconded the motion. The motion to approve carried 5:0. 9) PZ2021-63: Request to Rezone a property from C-M (Commercial - Manufacturing) to HI (Heavy Industrial) or a more restrictive district. Applicant: John Johnson Location: At the southeast edge of the Beaumont City Limits between Highways 347 & 69 S. Mr. Boone presented the staff report. John Johnson is requesting a zone change for 53.41 acres of land located at the southeast edge of the Beaumont City Limits between Highways 347 & 69 S. Mr. Johnson would like to rezone the property from C-M (Commercial - Manufacturing) to a HI (Heavy Industrial) District. The property owner is considering a contract with a new chemical manufacturing facility. Property to the north is zoned C-M, and property to the west is zoned HI (Heavy Industrial). Property to the east and south extend beyond the Beaumont City Limits. Slides of the subject property, site plan and surrounding area were shown. Four (4) notices were mailed to property owners within two hundred (200) feet of the subject property. One response was received in favor and none were received in opposition. 11 Planning Commission April 19, 2021 Due to the surrounding property being industrial in nature, staff recommended approval of the request. The applicant was present. John Johnson, 2901 Turtle Creek Drive Suite 445, Port Arthur, TX, addressed the Commission. He stated that he represents a chemical manufacturing company that is seeking development which will be a significant investment in the City, will add tax value and create jobs. Chairman Nejad asked about the progress of the project. Mr. Johnson replied that the project is in the early stages, has an option on the property and they are optimistic about the development. Alternate Commissioner Harris asked what kind of chemicals will be manufactured and the applicant replied that it would be renewable gas. The public hearing was opened and closed without comment. Alternate Conunissioner Harris moved to approve the request to Rezone a property from C-M (Commercial - Manufacturing) to HI (Heavy Industrial), as requested in file PZ2021-63. Commissioner Steinhagen seconded the motion. The motion to approve carried 5:0. 10) PZ2021-92: Request for a Revised Specific Use Permit and a Rezoning from RS (Residential Single - Family Dwelling) to RM-H (Residential Multiple -Family Dwelling — Highest Density) District for a portion of the property to allow the expansion of an assisted living center. Applicant: Vera Bagneris Location: 2990 S. Major Drive Mr. Boone presented the staff report. In January of 2016, Vera Bagneris received a Specific Use Permit to provide twenty-four (24) hour care for twelve (12) elderly residents at 2990 S. Major Drive. Caretakers would be present twenty-four (24) hours per day, but not living at the property. Some of the clients residing in this facility would require nursing and ambulatory care. Some residents may have limited mobility. Ms. Bagneris would like to expand and accommodate sixteen (16) clients. Property to the north was purchased and is currently zoned RS (Residential Single -Family Dwelling). In order to consider a Specific Use Permit on this additional land, it will need to be rezoned from RS to RM-H (Residential Multiple - Family Dwelling - Highest Density) to match the existing assisted living facility. Ms. Bagneris requested and was approved for a waiver to any additional landscaping in 2016. A four (4) foot chain link fence was located along the north and west property lines, with no existing landscaped buffers or fence along the south property line. As this request involves new construction and an increase of more than 25%, all landscaping requirements will need to be met including landscaped buffers along the west and north property lines and perimeter landscaping for parking areas. In addition, all new outdoor lighting must be shielded to protect neighboring properties. IW) Planning Commmission April 19, 2021 Beaumont Fire indicates that due to the expansion of the facility, additional water supply (fire hydrant) may be required depending on the installation of fire protection equipment per IFC (International Fire Code) requirements. 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 conditions: 1. Any improvements made within the state right-of-way shall be permitted by TXDOT. 2. A six (6) foot wide landscaped strip, as prescribed by ordinance, must be located between the front parking spaces and the right-of-way. 3. The ADA space shall be signed according to ADA requirements. 4. An eight (8) foot wood or masonry privacy screening fence must be constructed and maintained along the west and north property lines along with a 10 foot wide landscaped buffer. 5. Outdoor lighting must be directional, and shielded from neighboring properties. 6. Plans must meet all IFC requirements. The applicant was present. Vera Bagneris, 2990 S Major Drive, addressed the Commission. She stated that she wants to increase the size of her facility to accommodate additional private rooms. She stated that many of the rooms she currently has available are semi -private and she would like to be able to offer more private rooms. Chairman Nejad asked the applicant if she is currently in business and she confirmed this and added that she is licensed by the state. Chairman Nejad asked if she understood the conditions and she voiced understanding. The public hearing was opened and closed without comment. Commissioner Steinhagen moved to approve the request for a Revised Specific Use Permit and a Rezoning from RS (Residential Single - Family Dwelling) to RM-H (Residential Multiple - Family Dwelling — Highest Density) District for a portion of the property to allow the expansion of an assisted living center, as requested in file PZ2021-92 with the following conditions: 1. Any improvements made within the state right-of-way shall be pei7nitted by TXDOT. 2. A six (6) foot wide landscaped strip, as prescribed by ordinance, must be located between the front parking spaces and the right-of-way. 3. The ADA space shall be signed according to ADA requirements. 4. An eight (8) foot wood or masonry privacy screening fence must be constructed and maintained along the west and north property lines along with a 10 foot wide landscaped buffer. 5. Outdoor lighting must be directional, and shielded from neighboring properties. 6. Plans must meet all IFC requirements. Commissioner Beatty seconded the motion. The motion to approve carried 5:0. Fit] Planning Commission April 19, 2021 11) PZ2021-98: Request for a Specific Use Permit to allow for restaurant parking in an RCR (Residential Conservation Revitalization) District. Applicant: Rosa & Sifiientes Francisco Castillo Location: 1325 College Street Mr. Boone presented the staff report. Rosa & Sifuentes Francisco Castillo would like to use the property located at 958 & 978 Orange Avenue and 1350 Gilbert Street to expand the parking for a proposed restaurant to be located at 1325 College Street. Plans were submitted and a Specific Use Permit approved back in 2015, but that has since expired. Adjacent land uses are residential along Gilbert. As such, driveway access should be located on Orange Street. Landscaping should be used to mitigate the impact to the neighboring properties. In addition, sidewalks along the property are in a state of disrepair and must be repaired/replaced along all streets. Slides of the subject property, site plan and surrounding area were shown. Twenty-four (24) notices were mailed to property owners within two hundred (200) feet of the subject property. Four (4) responses were received in favor and none were received in opposition. Staff recommended approval with the following conditions: 1. Landscaping and screening be installed and maintained as per ordinance requirements, including provision of island, medians and/or peninsulas and perimeter buffer. 2. Irrigation system shall be installed and maintained for all required landscaping. 3. Replace/repair sidewalks along all streets. 4. Lighting to be shielded from neighboring residential properties. 5. Access drive should be off of Orange Street. The applicant was present. Charles Shajari, representing Benchmark Plans & Associates, 87 Interstate 10 North Suite 115, addressed the Commission. Also addressing the Commission was Alfredo Sabine, 306 Pecan Street, Silsbee, TX, who stated that he was the contractor on the project. Chairman Nejad asked Mr. Shajari and Mr. Sabine if they understood the conditions and they voiced understanding. Chairman Nejad asked if the sewer was new or existing and Mr. Shajari replied that it was proposed. The public hearing was opened and closed without comment. Alternate Conunissioner Harris moved to approve the request for a Specific Use Permit to allow for restaurant parking in an RCR (Residential Conservation Revitalization) District, as requested in file PZ2021-98 with the following conditions: 1. Landscaping and screening be installed and maintained as per ordinance requirements, including provision of island, medians and/or peninsulas and perimeter buffer. 2. Irrigation system shall be installed and maintained for all required landscaping. 14 Planning Commission April 19, 2021 3. Replace/repair sidewalks along all streets. 4. Lighting to be shielded from neighboring residential properties. 5. Access drive should be off of Orange Street. Commissioner Steinhagen seconded the motion. The motion to approve carried 5:0. 12) PZ2021-99: Request for a Revised Specific Use Permit to allow retail and condominiums in a GC-MD-2 (General Commercial — Multiple -Family — 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. In September of 2020, Mr. Le requested a development consisting 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. Now, the proposal has been revised to include thirty-six (36) condominium units and approximately 10,700 square feet of retail space. 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. Beaumont Fire states that the fire hydrants will need to be relocated from south of the buildings as they are inaccessible. 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 with the following condition: 1. Relocate fire hydrants. Chairman Nejad asked about adding a condition that the driveway be accessible to fire trucks. Mr. Boone replied that the Commission could choose to do so, but that the request will have to be approved by TXDOT and the fire marshal in the permitting process. The applicant was present. Dr. Hani Tolune, representing Golden Triangle Consulting and Engineering, 85 Interstate 10 Suite 204-A, addressed the Commission. Dr. Phuc Nhat Le, 11100 Breana Court, was also present. Chairman Nejad joked about Dr. Le having often changed the plans for the project. Dr. Tohrne stated that they will not be changing the plans again and added that previous changes were due to Dr. Le being very excited about the project and wanting it to be perfect. Dr. Tohme added that they have been working with Brandon Belaire on the driveway and complimented Mr. Belaire's helpfulness and professionalism. He added that they understood the issue and are hying to purchase another portion of property so that they can add a traffic light. Chairman Nejad stated that with the number of buildings, a second driveway would be highly desirable to ensure fire truck accessibility, but hoped any issue would be resolved by the Planning Commission April 19, 2021 permitting process. Dr. Tolime stated that they may be able to widen the driveway, but not have two driveways. The public hearing was opened and closed without comment. Commissioner Steinhagen moved to approve the request for a Revised Specific Use Permit to allow retail and condominiums in a GC-MD-2 (General Commercial — Multiple -Family — 2) District, as requested in file PZ2021-99 with the following condition: 1. Relocate fire hydrants. Commissioner Javed seconded the motion. The motion to approve carried 5:0. 13) PZ2021-101: Request for a Specific Use Permit to allow a mini storage facility in a GC -MD (General Commercial — Multiple -Family Dwelling) District. Applicant: Hetal Patel Location: 1930 College Street Mr. Boone presented the staff report. Hetal Patel is requesting a Specific Use Permit for a self - storage facility at 1930 College Street. The staff in the hotel office will be available twenty-four (24) hours a day to assist clients. These units will not be connected to any utilities. The applicant states, however, that access to the units would be limited to certain unspecified hours to reduce the potential for nuisance to the neighbors. There is a partial sidewalk existing along Avenue F, and it is obvious that pedestrians travel along the other streets where a sidewalk belongs. To further protect the neighborhood, staff and Engineering would prefer to eliminate access from Wall Street as it is not necessary. The applicant has stated they intend to install an eight foot (8') tall wooden fence along the perimeter. Slides of the subject property, site plan and surrounding area were shown. Twenty-nine (29) 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 with the following conditions: 1. Installation/repair of sidewalks along Wall Street, Avenue F and Avenue G. 2. Eliminate the entrance from Wall Street. 3. Install an 8 foot tall wood or masonry fence along Avenue G and Wall Street for the perimeter of the storage facility. 4. Lighting shall be shielded from adjacent residential uses. The applicant was present. Dr. Hani Tolime, representing Golden Triangle Consulting and Engineering, 85 Interstate 10 Suite 204-A, addressed the Commission. Dr. Tolime stated that he represents Hetal Petel who owns the adjacent hotel and that they have no issues with the conditions. He added that the fencing will improve the view for the neighbors. 16 Planning Commission April 19, 2021 Chairman Nejad asked about the type of construction the project will be and Dr. Tohme replied that it will be pre-engineered structural steel buildings. The public hearing was opened and closed without comment. Alternate Conunissioner Harris moved to approve the request for a Specific Use Permit to allow a mini storage facility in a GC -MD (General Commercial — Multiple -Family Dwelling) District, as requested in file PZ2021-101 with the following conditions: 1. Installation/repair of sidewalks along Wall Sheet, Avenue F and Avenue G. 2. Eliminate the entrance from Wall Street. 3. Install an 8 foot tall wood or masonry fence along Avenue G and Wall Street for the perimeter of the storage facility. 4. Lighting shall be shielded from adjacent residential uses. Commissioner Javed seconded the motion. The motion to approve carried 5:0. 14) PZ2021-103: Request for a Specific Use Permit to allow a duplex in an RS (Residential Single - Family Dwelling) District. Applicant: James Callas Location: 685 Jeny Lane Mr. Boone presented the staff report. James Callas is requesting a Specific Use Permit to allow a duplex at 685 Jeny Lane. The approximately 2,700 square foot building would be divided equally into two (2) residences. The property is mostly surrounded by single family homes in an RS (Residential Single - Family Dwelling) District. However, properties to the north and east are zoned LI (Light Industrial). Therefore, staff finds low density multi -family development to be acceptable for this location with adequate buffers of fencing and landscaping. 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 responses were received in favor and one was received in opposition. Mr. Boone stated that the letter in opposition did not have any comments and was from a property at 735 Wade Street. Staff recoimnended approval of the request. The applicant was present. James Callas, 5375 Rosemary Drive, addressed the Commission. He stated that the property consists of three (3) lots owned by Le Family Investments. He added that three (3) separate houses could be put on the lots, but that the client has elected to build a duplex for two (2) families and that he thought it was a reasonable request. The public hearing was opened and closed without comment. Commissioner Beatty moved to approve the request for a Specific Use Permit to allow a duplex in an RS (Residential Single - Family Dwelling) District, as requested in file PZ2021-103. Commissioner Steinhagen seconded the motion. The motion to approve carried 5:0. 17 Planning Commission April 19, 2021 OTHER BUSINESS Chairman Nejad stated that this may be the last meeting that Mayor Ames will attend before retiring from her position as mayor and that he would like to take time to honor her for her service to the City. He added that she has been very kind to him and his family. Finally, he stated that she will always be remembered as one of the great mayors of the City of Beaumont. The Commission and staff gave Mayor Ames a standing ovation. THERE BEING NO OTHER BUSINESS, THE MEETING ADJOURNED AT 4:37 P.M. 18 DATE: May 17, 2021 TO: Planning Commission FROM: Chris Boone, Director of Planning and Community Development SUBJECT: Request to abandon a portion of an alley. FILE: PZ2021-86 STAFF REPORT Grant Keller of Vaquero Ventures is requesting abandonment of the alley located within Block 1, South End Addition, without the retention of an easement. Mr. Keller would like to build a coffee shop at this location. Plans have been submitted to relocate the existing sewer line allowing the alley to be abandoned. Although Water Utilities is in favor of the abandonment, they would prefer to see the sewer line remain in place with the retention of an easement as long as no facilities are placed within the easement. In addition, the contractor should include expansion joints at the easement lines to facilitate any necessary future repairs. Staff recommends approval with the following conditions: 1. Expansion joints shall be placed along the edge of the easement. 2. If approved, applicant shall obtain an appraisal and Title Commitment for the property to be abandoned at their expense. Appraisal and Title Commitment must be submitted to the Planning office along with proof that payment has been arranged prior to the item being placed on City Council's agenda. This item was sent to all interested parties. Exhibits are attached. LEGAL DESCRIPTION FOR ORDINANCE PURPOSES Being the approximately 230'x 20' portion of the alley located in Block 1 of South End Addition, Beaumont, Jefferson County, Texas, containing 0.10 acres, more or less. GENERAL INFORMATION/PUBLIC UTILITIES APPLICANT: Grant Keller of Vaquero Ventures PROPERTY OWNER: LOCATION: EXISTING ZONING: PROPERTY SIZE: EXISTING LAND USES: FLOOD HAZARD ZONE: SURROUNDING LAND USES: NORTH: Commercial EAST: Residential SOUTH: Multi -Family WEST: Commercial COMPREHENSIVE PLAN: Thomas Eugene Butts 3154 Shannon Avenue RS (Residential Single -Family Dwelling) and NC (Neighborhood Commercial) —1.18 acres, more or less Vacant/Church X — Area determined to be outside the 500 year floodplain. SURROUNDING ZONING: GC -MD (General Commercial - Multiple -Family Dwelling) GC -MD RS (Residential Single -Family Dwelling) RS and NC (Neighborhood Commercial) Conservation and Revitalization STREETS: Shannon Avenue — Local street with an approximately 60' right -of way and 20' pavement width. DRAINAGE: WATER: S. Martin Luther King Parkway — Major Arterial with an approximately 100' right-of-way and 86' pavement width. Hip,hland Avenue — Local Street with a 70' right-of-way and 34' pavement width. Curb and gutter 12" water main on M.L.King Pkwy SANITARY SEWER SERVICE: 8" sanitary sewer main BEAUMONT Planning & Community Development Case Type:Planning and Zoning Case Status: REVIEW Case Sub Type: Abandonment Tag Name: Alley Abandonment & Sewer Case #: PZ2021-86 Abandonment Location: 3165 HIGHLAND AVE, BEAUMONT, 77705 Initiated On: 3/22/2021 1:41:51PM Individuals listed on the record: Applicant Grant Keller 2900 Wingate St Fort Worth, TX 76107 Property Owner Thomas Eugene Butts 797 CR 784 Buna, TX 76612 Flood Zones Construction Type Occupancy Type Fire District Notes: Home Phone: Work Phone: Cell Phone: 5023146596 E-Mail: gkeller@vaqueroventures.com Home Phone: Work Phone: Cell Phone: E-Mail: chelynbutts@currently.com Case Type: Planning and Zoning Page 1 of 1 Case #: PZ2021-86 Printed On: 5/6/2021 Grant Keller Vaquero Ventures 2900 Wingate Street, Suite 200 Fort Worth, TX 76107 3/17/2021 Beaumont, TX Planning & Zoning, My name is Grant Keller, we are proposing an alley abandonment & sewer reroute for a portion of an alley between the following properties: 3165 & 3185 Highland Ave, 3132, 3144, 3154 Shannon Ave, and property ID #: 103136 for our new commercial project. Vaquero would be the ones responsible to divert the sewer line into the right of way on Highland Ave. We are looking to bring a Starbucks to Beaumont, TX and believe that this is a great location. It will bring a new retail store and will replace the existing buildings that are on the property. Our use serve coffee, brewed beverages, and a variety of various food items that range from baked goods, snacks, and sandwiches. The Hours of Operation for a Starbucks are: - Monday — Saturday: 5 AM —10 PM - Sunday: 6 AM —10 PM The typical Starbucks employees 15-25 people with 5-8 staff members at one time. These are the general number of employees but these numbers can differ by location. Sincerely, Grant Keller Cell: 502-314-6596 Fax: 817-984-8973 Email: gkeller@vagueroventures.com - t,• != Mi a d`Z I`o!I s '.. `. 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N Applicant: Grant Keller of Vaquero Ventures Location: Between 3154/3132 Shannon and 3165/3185 Highland Avenues. 0 50 100 I I I Feet DATE: May 17, 2021 TO: Planning Commission and City Council FROM: Chris Boone, Director of Planning and Community Development SUBJECT: Consider a request for a Specific Use Permit and a Rezone from RS (Residential Single -Family Dwelling) and NC (Neighborhood Commercial) to GC-MD-2 (General Commercial — Multiple -Family — 2) District to allow for a coffee shop. FILE: PZ2021-75 STAFF REPORT Grant Keller of Vaquero Ventures is requesting a rezoning and Specific Use Permit to allow a coffee shop at 3154 Shannon Avenue. The proposed coffee shop would be located just south of the existing Sonic, just south of Washington on Martin Luther King Parkway. The greatest obstacle for this request will be an existing sewer line, located in the alleyway across the middle of the property. A request has been submitted to abandon the alleyway and reroute the sewer line. City Engineering and Water Utilities are in discussion with the applicant regarding this sewer line. Although the majority of the property is currently zoned RS (Residential Single -Family Dwelling), it is located adjacent to GC -MD (General Commercial — Multiple -Family Dwelling) zoning, commercial uses, and partially fronts on Martin Luther King Parkway, a major arterial. GC-MD-2 (General Commercial — Multiple -Family Dwelling — 2) zoning provides a buffer between the remaining residential zoning to the south and the commercial properties to the north as a Specific Use is required and will need approval by City Council. Landscaping will be required per City of Beaumont Ordinance. Specifically, an eight (8) foot tall wood or masonry fence with a ten (10) foot wide landscaped buffer would be required along the south property line. A six (6) foot wide landscaped strip containing shrubs would need to be installed along Martin Luther King Parkway, part of Shannon Avenue and to either side of the driveway on Highland Avenue to buffer parking areas from adjacent streets and two (2) landscaped islands would be required in the proposed parking areas. In addition, a five (5) foot sidewalk will need to be installed for the width of the property along all three (3) streets. Staff recommends approval of the request with the following conditions: 1. Approval is subject to an agreement between the applicant, City Engineering and Water Utilities regarding the alleyway/sewer line. 2. Landscaping to be installed as per City Ordinance. 3. Sidewalks be installed and maintained along all three (3) street frontages. Please note that final occupancy approval is subject to review and acceptance of submitted plans and field inspections to verify compliance with applicable codes. Exhibits are attached. PUBLIC NOTIFICATION Notices mailed to property owners 32 Responses in Favor Responses in Opposition LEGAL DESCRIPTION FOR ORDINANCE PURPOSES Being Lots 1-4 & 19-22 less the northeast corner, Block 1, South End Addition, Beaumont, Jefferson County, Texas, containing 1.18 acres, more or less. ANALYSIS CONDITIONS FOR APPROVAL OF SPECIFIC USE PERMIT (SECTION 28-26.E, ZONING ORDINANCE) Application Application is in is not in compliance compliance Conditions: 1. That the specific use will be compatible with and not injurious to the use and enjoyment of other property, or significantly diminish or impair property values within the immediate vicinity; X 2. That the establishment of the specific use will not impede the normal and orderly development and improvement of surrounding vacant property; X 3. That adequate utilities, access roads, drainage and other necessary supporting facilities have been or will be provided; 4. The design, location and arrangement of all driveways and parking spaces provides for the safe and convenient movement of vehicular and pedestrian traffic without adversely affecting the general public or adjacent developments; X 5. That adequate nuisance prevention measures have been or will be taken to prevent or control offensive odor, fumes, dust, noise and vibration; X 6. That directional lighting will be provided so as not to disturb or adversely affect neighboring properties; X X 7. That there are sufficient landscaping and screening to insure harmony and compatibility with adjacent property; and, X 8. That the proposed use is in accordance with the Comprehensive Plan. X Discussion in Staff Report GENERAL INFORMATION/PUBLIC UTILITIES APPLICANT: Grant Keller of Vaquero Ventures PROPERTY OWNER: Thomas Eugene Butts LOCATION: 3154 Shannon Avenue EXISTING ZONING: RS (Residential Single -Family Dwelling) and NC (Neighborhood Commercial) PROPERTY SIZE: —1.18 acres, more or less EXISTING LAND USES: Vacant/Church FLOOD HAZARD ZONE: X — Area determined to be outside the 500 year floodplain. SURROUNDING LAND USES: SURROUNDING ZONING: NORTH: Commercial GC -MD (General Commercial - Multiple -Family Dwelling) EAST: Residential GC -MD SOUTH: Multi -Family RS (Residential Single -Family Dwelling) WEST: Commercial RS and NC (Neighborhood Commercial) COMPREHENSIVE PLAN: Conservation and Revitalization STREETS: Shannon Avenue — Local street with an approximately 60' right-of-way and 20' pavement width. S. Martin Luther King Parkway — Major Arterial with an approximately 100' right-of-way and 86' pavement width. Highland Avenue — Local Street with a 70' right-of-way and 34' pavement width. DRAINAGE: Curb and gutter WATER: 12" water main on M.L. King Pkwy. SANITARY SEWER SERVICE: 8" sanitary sewer main PROPERTY OWNERS NOTIFIED WITHIN 200 FEET BUTLER KEITH & VIRGIE BUTTS MARY L ET AL BUTTS THOMAS EUGENE & JNPP LLC BUTTS THOMAS EUGENE, ETAL CALDWELL ALLAN CHARLES CARRIER GURRNETT WANDA CHRIST GOSPEL CHURCH DEEN ENAMUDEEN UNUS & DEEN RAYSHAD & ENAMUDEEN UNUS DEEN SHAHIR & RAYSHAD EXXONMOBIL CORP GREEN VILLAGE HOLDINGS LLC JOSEPH HOWARD LABIOSA VICTOR & CARY RACZ LEDAY FREDA PERKINS ANTHONY J PRICE QUENTIN D SP BEAUMONT WASHINGTON LLC BEAUMONT Planning & Community Development Case Type:Planning and Zoning Case Status: REVIEW Case Sub Type: Specific Use/Rezone Tag Name: Rezone & SUP Application Case #: PZ2021-75 Initiated On: 3/17/2021 3:23:10PM Location: 3154 SHANNON AVE, BEAUMONT, 77705 Individuals listed on the record: Applicant Grant Keller Home Phone: 2900 Wingate St Work Phone: Fort Worth, TX 76107 Cell Phone: 5023146596 E-Mail: gkeller@vaqueroventures.com Property Owner Thomas Eugene Butts Home Phone: 794 CR 784 Work Phone: Buna, TX 77612 Cell Phone: E-Mail: chelynbutts@currently.com Legal Description: Lots 1-4 & 19-22 less the northeast corner, Block 1, South End Addition, Beaumont, Texas Number of Acres: 1.18 Proposed Use: Coffee Shop W/ Drive Thru Grant Keller Vaquero Ventures 2900 Wingate Street, Suite 200 Fort Worth, TX 76107 3/17/2021 Beaumont, TX Planning & Zoning, My name is Grant Keller, we are proposing a rezone to GC-MD-2 and an SUP at 3165 & 3185 Highland Ave, 3132, 3144, 3154 Shannon Ave, and property ID #: 103136 for our new commercial project. We are looking to bring a Starbucks to Beaumont, TX and believe that this is a great location. It will bring a new retail store and will replace the existing buildings that are on the property. Our use serve coffee, brewed beverages, and a variety of various food items that range from baked goods, snacks, and sandwiches. The Hours of Operation for a Starbucks are: - Monday — Saturday: 5 AM —10 PM - Sunday: 6 AM —10 PM The typical Starbucks employees 15-25 people with 5-8 staff members at one time. These are the general number of employees but these numbers can differ by location. Sincerely, Grant Keller Cell: 502-314-6596 Fax: 817-984-8973 Email: gkeller vaqueroventures.com EIGHT CONDITIONS That the specific use will be compatible with and not injurious to the use and enjoyment of other property, nor significantly diminish or impair property values within the immediate vicinity I believe our project will increase the value of the surrounding properties That the establishment of the specific use will not impede the normal and orderly development and improvement of surrounding vacant property; No, it will not impede the surrounding vacant property. That adequate utilities, access roads, drainage and other necessary supporting facilities have been or will be provided Yes, we have the necessary utilities for our sites capacity. The design, location and arrangement of all driveways and parking spaces provides for the safe and convenient movement of vehicular and pedestrian traffic We will/are working with the city & MOT to meet their design standards. That adequate nuisance prevention measures have been or will be taken to prevent or control offensive odor, fumes, dust, noise and vibration Our site's use has zero to minimal odors, fumes, noise, etc. That directional lighting will be provided so as not to disturb or adversely affect neighboring properties We plan on getting a photometric plan done to ensure that we minimize the light pollution of the site. That there are sufficient landscaping and screening to insure harmony and compatibility with adjacent property We are going to follow the standard landscaping ordinances that the City of Beaumont has in place. 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Applicant: Grant Keller of Vaquero Ventures Location: 3154 Shannon Avenue 0 100 200 1 1 1 1 Feet Legend 75 GC -MD '•�J Is GC --MD r . — — - --". ;. R s. 1 '✓��'%21 -- —Nc--- �' UGC=MD, R=s NC R-S kGC MD � NC, ��• •�., NC j DATE: May 17, 2021 TO: Planning Commission and City Council FROM: Chris Boone, Director of Planning and Community Development SUBJECT: To consider a request for a Specific Use Permit to allow a mortuary and crematory in an RCR (Residential Conservation Revitalization) District. FILE: PZ2021-128 STAFF REPORT Comeaux Community Mortuary & Crematory, L.L.C., is requesting permission to allow a mortuary and crematory at 3510 Sarah Street. The project includes a 13,612 sq. ft. structure and one hundred ten (110) parking spaces. This property is located less than a quarter (0.25) of a mile from at least three (3) churches and would be easily accessible for services. The applicant states there will be ample landscaping and screening for the property, yet none is shown on the site plan. Per ordinance, and eight foot wood or masomy fence, and a ten (10) foot wide landscaped border with trees will be required along the north and west property lines. In addition, a six (6) foot wide landscaped buffer containing shrubs will be required along both Sarah and Fatima Streets for the entire length of the parking area. Plans show eight landscaped islands and eleven will be required. Staff recommends approval of the request with the following conditions: 1. Final plans will need to meet all requirements of the city FOG backflow program (Water Utilities). 2. Landscaping to meet City of Beaumont Ordinance requirements. Please note that final occupancy approval is subject to review and acceptance of submitted plans and field inspections to verify compliance with applicable codes. Exhibits are attached. PUBLIC NOTIFICATION Notices mailed to property owners 24 Responses in Favor Responses in Opposition LEGAL DESCRIPTION FOR ORDINANCE PURPOSES Being Lot 1, Sarah Street Addition, Beaumont, Jefferson County, Texas, containing 3.0 acres, more or less. ANALYSIS CONDITIONS FOR APPROVAL OF SPECIFIC USE PERMIT (SECTION 28-26.E, ZONING ORDINANCE) Conditions: Application Application is in is not in Comments compliance compliance Attached 1. That the specific use will be compatible with and not injurious to the use and enjoyment of other property, or significantly diminish or impair property values within the immediate vicinity; X 2. That the establishment of the specific use will not impede the normal and orderly development and improvement of surrounding vacant property; X 3. That adequate utilities, access roads, drainage and other necessary supporting facilities have been or will be provided; X 4. The design, location and arrangement of all driveways and parking spaces provides for the safe and convenient movement of vehicular and pedestrian traffic without adversely affecting the general public or adjacent developments; X 5. That adequate nuisance prevention measures have been or will be taken to prevent or control offensive odor, fumes, dust, noise and vibration; X 6. That directional lighting will be provided so as not to disturb or adversely affect neighboring properties; X 7. That there are sufficient landscaping and screening to insure harmony and compatibility with adjacent property; and, 8. That the proposed use is in accordance with the Comprehensive Plan. X X GENERAL INFORMATION/PUBLIC UTILITIES APPLICANT: Comeaux Community Mortuary & Crematory, L.L.C. PROPERTY OWNER: Comeaux Community Mortuary & Crematory, L.L.C. LOCATION: 3510 Sarah Street EXISTING ZONING: RCR (Residential Conservation Revitalization) PROPERTY SIZE: —3.0 acres EXISTING LAND USES: Vacant FLOOD HAZARD ZONE: X — Area determined to be outside the 500 year flood plain. SURROUNDING LAND USES: SURROUNDING ZONING: NORTH: Vacant RM-H (Residential Multiple -Family Dwelling — Highest Density) EAST: Residential RM-H SOUTH: Residential RM-H WEST: Vacant RCR (Residential Conservation Revitalization) COMPREHENSIVE PLAN: Conservation and Revitalization STREETS: Sarah Street — Secondary arterial with 66' wide right-of-way and 42' pavement width. Fatima Street — Local street with 60' wide right-of-way and 22' pavement width. DRAINAGE: Curb and Gutter on Sarah Street Open ditch on Fatima Street WATER: 6" and 8" Water lines SANITARY SEWER SERVICE: 10" and 12" Sanitary sewer lines PROPERTY OWNERS NOTIFIED WITHIN 200' FAITH COMMUNITY DEVELOPMENT CENTER LLC SERIES A STEWART PHILIP & KRISTEN ALANIZ JOEL M CURRENT OWNER BENTON ONEAL & BOBBI GUILLORY MARY ANN BELL INGRID V GOODEN BETTY TRUSS JEFF H & NETTIE YOUNG KEISHON K REAL CAD PROPERTIES LLC ENTERGY TEXAS INC ENTERPRISE INTRASTATE LP WRIGHT JOHN A & WRIGHT JOHN ALDEN ENTERPRISE INTRASTATE LP FAITH COMMUNITY DEVELOPMENT CENTER LLC SERIES A SHARP CARLTON J & GWENDOLYN LOWER NECHES VALLEY AUTHORITY ENTERGY TEXAS INC BROUSSARD LEONARD & COLLETTE BEAUMONT Planning & Community Development Case Type:Planning and Zoning Case Status: REVIEW Case Sub Type: Specific Use Permit Tag Name: lot 1 SARAH ST. 3.000 Case #: PZ2021-128 Initiated On: 4/16/2021 1:33:27PM Location: 3510 SARAH ST, BEAUMONT, TX, 77705 Individuals listed on the record: Appllcant Comeaux Community Mortuary & Crematory, Llc P.O. BOX 7785 BEAUMONT, TX 77726 Property Owner Comeaux Community Mortuary & Crematory, Llc 3510 SARAH STREET BEAUMONT, TX 77705 Agent Kent Johns 2640 Calder Street Beaumont, TX 77702 Home Phone: (409)980-6000 Work Phone: Cell Phone: (702)503-5235 E-Mail: drecomcfc@aol.com Home Phone: Work Phone: Cell Phone: (702)503-5235 E-Mail: drecomcfc@aol.com Home Phone: 4098332233 Work Phone: Cell Phone: 4097819631 E-Mail: kjohnslawfirm@hotmail.com Case Type: Planning and Zoning Case #: PZ2021-128 Page 1 of 2 Printed On: 4/22/2021 BEAUMONT Planning & Community Development Legal Description LOT 1, SARAH STREET Number of Acres 3.00 Proposed Use FUNERAL HOME/MORTUARY That the specific use will be The use of the property as a Funeral Home and Family Services will compatible with and not injurious to be compatible with and not injurious to the use and enjoyment of the the use and enjoyment of other surrounding properties. And will in all likelihood enhance the value of property, nor significantly diminish or the property values in the neighbor. The structure will cost in excess impair property values within the of 1 million dollars. immediate vicinity That the establishment of the specific use will not impede the normal and orderly development and improvement of surrounding vacant property; That adequate utilities, access roads, drainage and other necessary supporting facilities have been or will be provided The design, location and arrangement of all driveways and parking spaces provides for the safe and convenient movement of vehicular and pedestrian traffic That adequate nuisance prevention measures have been or will be taken to prevent or control offensive odor, fumes, dust, noise and vibration That directional lighting will be provided so as not to disturb or adversely affect neighboring properties That there are sufficient landscaping and screening to insure harmony and compatibility with adjacent property That the proposed use is in accordance with the Comprehensive Plan Notes: There is limited vacant property in the area. However, If Granted the specific use, same will not impede the normal and orderly development or improvement of surrounding property. Adequate utilities, access road, drainage and supporting facilities are already in existence. As per the site plan, there are proposed two driveways on Sarah Street, and One on Fatima Street, 88 visitor parking spaces and 16 handicap space. The facility will not impede vehicle or pedestrian traffic. No offensive odors, fumes, dust, noise and vibrations. Minimum outside lighting proposed, and all lighting to comply with City Code, No Large Lights, or Signage. All within Code. There is significant landscaping and screening proposed. Eight foot fencing, 20 foot set off, existing tree lines and additional landscaping propose. The propose use is within the Comprehensive Plan. Case Type: Planning and Zoning Case #: PZ2021-128 Page 2 of 2 Printed On: 4/22/2021 Johns & Johns Attorneys at Law * Kent W. Johns • BOARD CERTIFIED PERSONAL INJURY TRIAL LAW TEXAS BOARD OF LEGAL SPECIALIZATION April 16, 2021 Theodore R. Johns, Jr. Theodore R. Johns, Sr., Emeritus CITY OF BEAUMONT PLANNING DIVISION 801 MAIN STREET, ROOM 201 BEAUMONT, TX 77701 REQUEST FOR SPECIFIC USE PERMIT RE: SPECIFIC USE PERMIT: COMEAUX COMMUNITY MORTUARY & CREMATORY, LLC.; 3510 SARAH STREET, BEAUMONT, TX 77705 Dear Sir/Madam: Please take notice that my office is retained to assist Comeaux Community Mortuary & Crematory, LLC., CEO Andre' Comeaux, in acquiring a Specific Use Permit pertaining to the above -referenced property. As such, we enclose the original and one copy of the following items. 1. Specific Use Permit Application, and 2. Proposed Conceptual Site Plan & Aerial Site Plan The proposed building and facility is specifically for the development of a modern, upscale, and attractive Funeral Home Services Operation. The funeral home is designed for approximately 13,612 square foot, single story with a maximum eave height of 14'. In addition, the building is designed to conform to the surrounding neighbor, with a three foot decorative brick fascia and an abundance of well maintain landscaping. Again, the design of the structure itself is to blend in with the existing structures, houses or nearby residences. This proposed project is to be a well maintained, luxury and upscale semi commercial structure; which will have an eight foot privacy fence on all boundaries. Comeaux Community Mortuary & Crematory plans to provide premium and supremely maintained landscaping and attractive grounds around the facility. In addition, the proposal incorporates eighty-eight (88) parking spaces for visitors, sixteen (16) handicap parks stops and six (6) spaces for staff members. The eight conditions required by Section 28.04.001 of the Zoning Ordinance for the City of Beaumont will be met as addressed below: �y 1. The proposed Funeral Home & Family Services Facility will be housed in a single one (1) story semi -commercial type structure. All boundaries will have an eight (8) foot privacy fence and a minimum of twenty (20) foot, landscaped setback from the property line. The facility will also use the existing tree line as a setback or spacing between the adjacent residence. 2640 Calder Avenue, Beaumont, TX 77702 • P.O. Box 808, Beaumont, TX 77704 • Phone: 409/833-2233 • Fax 409/833-4226 2. The proposed Funeral Horne & Family Services Facility will have absolutely no impact on the existing residence. Said proposed facility will not impact the growth, improvement or orderly development of the surrounding residential properties. The proposed building or structure, although commercial will be designed to look like any other residence or homes. Single story maximum height eight feet, single eave, with a brick fascia. 3. The addition of the Proposed Funeral Home & Family Services Facility will not have an impact on the drainage, water, wastewater, access roads or utilities. The property already has an existing access and egress point on the Fatima Street side. Our proposal incorporates two (2) additional points for entrance and egress on the front facing Sarah Street, along with existing utilities, drainage and water. 4. The existing driveway and proposed area designated for a driveways provide more than adequate access to the proposed Funeral Home & Family Services Facility , with access from Sarah Sheet and Fatima Street. Again, the proposed facility will have eighty-eight (88) parking spaces for visitors, sixteen (16) handicap parks stops and six (6) spaces for staff members. See attached site plan. 5. The proposed Funeral Home & Family Services Facility will not generate any odors, fumes, dust, noise, vibrations, or disturbances. The proposed facility is entirely self contained and in a controlled environment. Hours of operation will be standard 8:00 a.m. until 5:00 p.m., with occasional Friday, Saturday and Sunday Operation until 8:00 p.m. 6. All proposed lighting will comply with City of Beaumont Ordinances and Codes. Proposed lighting is designed to be attractive and assist patrons, visitors and staff with access and egress to the residence. No proposed lighting will disturb or adversely affect the neighboring properties. All signs to comply with City of Beaumont Ordinances and Codes. Primary sign to be three (3) feet height and ten (10) feet in width, located in the front of the facility, Sarah Street. See attached site plan. 7. The proposed Funeral Horne & Family Services Facility will have sufficient landscaping and screening to insure peaceful, harmonious and compatibility with the adjacent properties and residence. See attached site plan. The requested Specific Use Permit and Propose Funeral Home & Services Facility is in accordance with the City of Beaumont's Comprehensive Plan. Funeral Home & Family Services Facility is allowed as long as the building, structure and proposed facility abide by the City and State Ordinances and Codes. We thank you in advance for the opportunity and request approval of the Specific Use Permit. Sincerely, KENT W. JOHNS kiohnslawfirmnhotmail.com Representative for Comeaux Community Mortuary & Crematory, LLC. KWJ/ocf enclosures: cc: Andre Comeaux--------Via Email drecomcfe@aol.com Tel. Phone (702)503-5235 i i OL c I�Illlii� �� y iEll R-"�. [All t \ n - - _ \ - -iaaau assure - - - - - -- z 0 eb F 4Y 0 U l � I II �� :A Z2021-128: Request for a Specific Use Permit to allow a mortuary and crematory in an RCR N Residential Conservation Revitalization) District. Applicant: Comeaux Community Mortuary & Crematory, L.L.C. Location: 3510 Sarah Street 0 100 200 1 1 1 1 Feet n d 128 ,y 0 I f 4 t CHARITY /! RM-H A0 f, �x • %� RCR RCR Z - .ice®�.��•�'.�.� i (n Cn ' `8fA1 -- 1 p RM-H -Rrs' DATE: May 17, 2021 TO: Planning Commission and City Council FROM: Chris Boone, Director of Planning and Community Development SUBJECT: To consider a request for a Specific Use Permit to allow a gaming site in a GC -MD (General Commercial - Multiple Family Dwelling) District. FILE: PZ2021-129 STAFF REPORT Stephanie Weitzel has requested a Specific Use Permit to allow a gaming facility at 8440 Phelan Boulevard with 30 machines. The hours of operation for the business would be 8 a.m. to 10 p.m. every day and security will be provided by on site surveillance and a security guard. 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 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 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 located six hundred forty (640) feet from Westbrook High school. In addition, it is located at the closest major intersection to the school, requiring that the majority of students going to and from school will pass by this location each day. Beaumont Police were asked to provide feedback as to whether or not calls for service to the Police Department are higher near game rooms. The research showed that Crime, especially auto theft, robbery and violent robbery are much higher near these facilities. In addition, the site plan does not show required landscaping per City of Beaumont Ordinance. Due to the risk of increased crime, proximity of Westbrook High school, lack of compliance with landscaping requirements, and incompatibility with surrounding land uses, staff recommends denial of the request. Exhibits are attached. PUBLIC NOTIFICATION Notices mailed to property owners 9 Responses in Favor Responses in Opposition LEGAL DESCRIPTION FOR ORDINANCE PURPOSES Being Plat SP-4, Tract 18, A. Houston Survey, Beaumont, Jefferson County, Texas, containing 3.0 acres, more or less. ANALYSIS CONDITIONS FOR APPROVAL OF SPECIFIC USE PERMIT (SECTION 28-26.E, ZONING ORDINANCE) Application Application is in is not in Comments compliance compliance Attached Conditions: 1. That the specific use will be compatible with and not injurious to the use and enjoyment of other property, or significantly diminish or impair property values within the immediate vicinity; X 2. That the establishment of the specific use will not impede the normal and orderly development and improvement of surrounding vacant property; X 3. That adequate utilities, access roads, drainage and other necessary supporting facilities have been or will be provided; X 4. The design, location and arrangement of all driveways and parking spaces provides for the safe and convenient movement of vehicular and pedestrian traffic without adversely affecting the general public or adjacent developments; X 5. That adequate nuisance prevention measures have been or will be taken to prevent or control offensive odor, fumes, dust, noise and vibration; X 6. That directional lighting will be provided so as not to disturb or adversely affect neighboring properties; X 7. That there are sufficient landscaping and screening to insure harmony and compatibility with adjacent property; and, X 8. That the proposed use is in accordance with the Comprehensive Plan. X GENERAL INFORMATION/PUBLIC UTILITIES APPLICANT: Stephanie Weitzel PROPERTY OWNER: Amina Properties L.L.C. LOCATION: 8440 Phelan Boulevard EXISTING ZONING: GC -MD (General Commercial - Multiple Family Dwelling District) PROPERTY SIZE: EXISTING LAND USES: FLOOD HAZARD ZONE: SURROUNDING LAND USES: NORTH: Utilities EAST: Commercial SOUTH: Commercial WEST: Vacant COMPREHENSIVE PLAN: STREETS: DRAINAGE: WATER: SANITARY SEWER SERVICE: —3.0 acres Vacant X — Area determined to be outside the 500 year flood plain. SURROUNDING ZONING: RS (Residential Single -Family Dwelling) GC -MD (General Commercial - Multiple Family Dwelling District) GC -MD Conservation and Revitalization Phelan Boulevard - Major Arterial with 100' wide right-of-way and 80' pavement width. N. Major Drive - Major Arterial with 145' wide right-of-way and 64' pavement width. Curb and gutter 16" main in center of r.o.w. 6" Sanitary sewer line PROPERTY OWNERS NOTIFIED WITHIN 200' COMPASS BANK NATIONWIDE DG BROWNSVILLE INC COLE FARNUM W , ET AL ENTERGY TEXAS INC DELAWARE & DOWLEN GROUP LLC AMINA PROPERTIES LLC HOUSING AUTHORITY CITY OF BEAUMONT TX CALVARY TABERNACLE MINISTRIES ENTERGY TEXAS INC BEAUMONT Planning & Community Development Case Type:Planning and Zoning Case Status: REVIEW Case Sub Type: Specific Use Permit Tag Name: Gaming Site Case #: PZ2021-129 Initiated On: 4/19/2021 7:48:36PM Location: 8440 PHELAN BLVD, BEAUMONT, 77706 Individuals listed on the record: Applicant Stephanie Weitzel 2315 ISABELLE ST BAYTOWN, TX 77521 PropertV Owner Amina Properties Llc 711 ELMHURST CT. SUGARLAND, TX 77479 Aqent Coby Debous 901 FRANKLIN ST SUITE 300 Longview, TX 77702 Home Phone: 3463228799 Work Phone: Cell Phone: 3463228799 E-Mail: stepphevonne6993@gmaii.com Home Phone: Work Phone: Cell Phone: E-Mail: Home Phone: Work Phone: Cell Phone: E-Mail: Case Type: Planning and Zoning Case #: PZ2021-129 Page 1 of 4 Printed On: 4126/2021 BEAUMONT Planning & Community Development Legal Description Plat SP-4. TR 18, Abstract 33, A. Houston Survey Number of Acres 3.00 Proposed Use GAMING SITE That the specific use will be "That the specific use will be compatible with and not injurious to compatible with and not injurious to the use and enjoyment of other property, nor significantly diminish or the use and enjoyment of other impair property values within the immediate vicinity." property, nor significantly diminish or impair property values within the MJM Entertainment has been in the entertainment business for the immediate vicinity past 10 years, our business model started out with vending skilled arcade machines such as the Claw Crane and Sega Prize Locker. We established great relationships with various businesses through the Houston markets such washateria, convenient stores, and sports bars. Over time, our business model geared towards casino style amusements machines, for example few games we vend and operate through the Houston market are Fire Links, IGT, WMS, and Bailey's. We have seen so much success with these machines mostly in convenient store catering truckers and neighborhood clientele. We are collaborating up with a franchise called Kroozin Market gas station, which has over 8 stores across the Houston metropolitan areas. They have allowed us to lease a lot at each of their store locations as long as we meet certain requirements in terms of design and presentation of our business. We strive to present a luxurious and comfortable environment for our clientele, so when it comes to the question in regards to diminishing property we believe our facility will please the city of Beaumont in terms of cleanliness and unique design concept that will include high -end furniture and fixtures. For example, our facility only uses casino style carpeting in all of our locations. In addition, our facility will use lazy boy branded chairs for our customer use. Interior paint used in our facility is marquees by Home Depot. Our facility does not allow any advertisement on our windows as we allow customers the opportunity view our clean facility 24/7. Kroozin Market gas station has invested 3.9 Million in building a state of the art mega private brand gas station, which will include car wash, laundromat, and a shopping center. As our contra Case Type: Planning and Zoning Page 2 of 4 Case #: PZ2021-129 Printed On: 4/26/2021 BEAUMONT Planning & Community Development That the establishment of the specific "That the establishment of the specific use will not impede the use will not impede the normal and normal and orderly development and improvement of surrounding orderly development and improvement vacant property." of surrounding vacant property; In our package, the City of Beaumont will find our survey and site plan, which will outline the total space and sizing of our project, as per our conversation with Amina Properties they are implying that the facility will have a total of 50 pole lighting throughout the property for visibility and display of a grand mega gas station along with the shopping center and car wash. It is our understand that our facility being within this beautiful design will not impede the normal and orderly development of the surrounding properties. That adequate utilities, access roads, "That adequate utilities, access roads, drainage and other drainage and other necessary necessary supporting facilities have been or will be provided." supporting facilities have been or will be provided MJM entertainment has attached a detail proposed water, sanitary, drainage & paving construction plans in our package along with the 8 conditions. It will provide all the details necessary for the city of Beaumont Planning and zoning, which outline not only the gaming site but the whole property in its entirety. The design, location and arrangement "The design, location and arrangement of all driveways and of all driveways and parking spaces parking spaces provides for the date and convenient movement of provides for the safe and convenient vehicular and pedestrian traffic without adversely affecting he general movement of vehicular and pedestrian public or adjacent development." traffic As per City of Beaumont Ordinance 14-023, sec 1., adopted 6/10/14 a) No gaming sites shall be permitted to be placed within three hundred (300) feet of any church, hospital or school. (b) The measurement of the distance between the place of business and the church, hospital or school shall be determined by measurements made in a straight line, without regard to intervening structures or objects, from the nearest point on the applicant's property line to the nearest point of the church, hospital or school property line. MJM Entertainment has provided a google map image of distancing in accordance the regulations stated above for the Planning and zone dept review. In addition, furthermore in our package under the site plan the Planning and Zoning committee will also find all the infrastructure design pertaining to driveway and parking spaces for the convenient movement of vehicles and pedestrians, which will not affect the safety of the public and adjacent development in the nearby vicinity. Case Type: Planning and Zoning Page 3 of 4 Case #: PZ2021-129 Printed On: 4/26/2021 BEAUMONT Planning & Community Development That adequate nuisance prevention "That adequate nuisance prevention measures have been or will measures have been or will be taken be taken to prevent or control offensive odor, fumes, dust, noise and to prevent or control offensive odor, vibration." fumes, dust, noise and vibration The site will be under many state and local government agency regulations and we plan to comply with all city, state, and local laws in terms of preventing any nuisance. The landlord "Amina Properties" has contracted a security company named praetorian Service — Houston Security Guard Company to monitor and secure the property 24/7. As per our rental, agreement with Amina Properties the cost for this service will be included in our monthly rent. The gaming site will be fully surveillance from the inside and outside of our facility which will be monitored and recorded 24/7 with a backup footage for up to 30 days. Sanitization such as odor, fumes, dust, noise and vibration will be considered in compliance with all State, City, and local laws. Details of the agency's and compliance requirements can be furnished to the planning and zoning committee upon request. That directional lighting will be That directional lighting will be provided so as not to disturb or provided so as not to disturb or adversely affect neighboring properties." adversely affect neighboring As mentioned previously the site will have 50 flood lighting poles properties along with canopy LED lights all around the shopping center for maximum customer exposure as well as for the safety of our customers. We firmly believe that bright lighting will prevent and deter any nefarious criminal behaviors. But most importantly provide our customers the safety to move around our facility with ease. That there are sufficient landscaping That there are sufficient landscaping and screening to insure and screening to insure harmony and harmony and compatibility with adjacent property." compatibility with adjacent property Attached in our site plane we will provided the entire shopping center design That the proposed use is in That the proposed use is in accordance with the Comprehensive accordance with the Comprehensive plan. Plan MJM Entertainment plans to follow all design requirements attached in our portfolio along with the above conditions, as we know these are crucial in the decision making process for the city officials in the planning and zoning dept. Notes: Case Type: Planning and Zoning Page 4 of 4 Case #: PZ2021-129 Printed On: 4/26/2021 MJM Entertainment 8440 Phelan Blvd. Beaumont, TX 77706 (346) 322-8799 Stephevonne6993@gmall.com ;tivities and Processes MJM Entertainment has a comprehensive guideline when it comes to operational structure for a gaming site. To ensure proper safety for our clients as well as our employees we will discuss a detail plan, that we believe the City of Beaumont will consider being suitable. MJM Entertainment has been in the entertainment business for the past 10 years, our business model started out with vending skilled arcade machines such as the Claw Crane and Sega Prize Locker. We established great relationships with various businesses through the Houston markets such washateria, convenient stores, and sports bars. Over time, our business model geared towards casino style amusements machines, for example few games we vend and operate through the Houston market are Fire Links, IGT, WMS, and Bailey's. We have seen so much success with these machines mostly in convenient store catering tiuckers and neighborhood clientele. We are collaborating up with a franchise called Kroozin Market gas station, which has over 8 stores across the Houston metropolitan areas. They have allowed us to lease a lot at each of their store locations as long as we meet certain requirements in terms of design and presentation of our business. We strive to present a luxurious and comfortable environment for our clientele, so when it comes to the question in regards to diminishing property we believe our facility will please the city of Beaumont in terms of cleanliness and unique design concept that will include high -end furniture and fixtures. For example, our facility only uses casino style carpeting in all of our locations. In addition, our facility will use lazy boy branded chairs for our customer use. Interior paint used in our facility is marquees by- me Depot. O facility does not allow any advertisement on our windows as we allow customers t e j our clean facility 24/7. Kroozin Market gas station has invested 3.9 Million in building a state of rt mega private brand gas station, which will include car wash, laundromat, and a shopping center. 's our contract condition, it is our obligation that we cannot diminish or impair property value of our,, •operty owner. service will be _'_.. IV' included in our monthl •ent. The, ing site will be fully surveillance from the inside and outside of our facility, which will Ii nitore nd recorded 24/7 with a backup footage for up to 30 days. Our facility will have thployee t ughout the normal business day. Each employee will have their own responsibilities to Ahat s th operations is ran. Employee 1 will be an attendant who will service the customers with chatrge a machine troubleshooting. Each day the MJM Entertainment will open Barn and close by l Opm. Toe ure safety for our customers a patrol security guard will be on site 24 hours along with our own securi personnel who will always be inside the store. The security guards duties will consist of cliecki,�ig in. stomers and maintaining a post near the entryway. We will also have a cleaner on staff that will make e the store is sanitized and cleaned every hour. We have adopted the CDC guidelines fore safe of our staff and employees. Mask will be available at all times for customers during operatio ours. Sanitizer station will be allocated in the front and rear of the gaming floor for eas access stomer and employees. �e active 24/7 in our facility. The provider for the security alarm will be vector sec alarm system will consist of a control panel located near the posting of the security guard. In addition, we provide our employee with a wristwatch panic button. This will ensure proper safety protocol just in case if the security guard is in restroom. Operational Activities Opening Time Sam Security Arrival Sam Employee Cashier Attendant Sam Cleaner Sam Closing Process 9:30 m employee will start machine reading Security Secure doors lOpm security will lock the doors and escort all customers to the parking lot. All staff will exit together out of the facility 10:30 m e t i' 4' a RES OOM O ICE b ,I—Oil L5J 1r-0 1/2' 1r-6• 14J L 9J 3J LaJ 112'J L7J L J L6J LOJ L5J 9-11 4 '- I IV-6 3M• r31 r� 1 �� r1 L6J OPEN AREA/ GAMING AREA L2 J 1-5-1 �O-lj � 4� 1 F3-1 81 21 17 LJ LJ L�1 6 L J °Tr L J . � � I I 1 11 9'-3 1/4' W-W 7-0 V4' PS'-0 VY No Text 2021-129: Request for a Specific Use Permit to allow a gaming site in an GC -MD (General mmercial — Multiple -Family Dwelling) District. plicant: Stephanie Weitzel cation: 8440 Phelan Boulevard 100 200 300 400 1 1 1 I Feet DATE: May 17, 2021 TO: PIanning Commission FROM: Chris Boone, Director of Planning and Community Development SUBJECT: Consider a request for an amended specific use permit to allow a training facility for Entergy in an RCR (Residential Conservation Revitalization) District. FILE: PZ2021-133 STAFF REPORT Michelle Hawkins, of Entergy Texas, Inc., has submitted an application requesting addition and expansion of a training facility at the Entergy Helbig Substation at 4950 Plant Road. A Specific Use Permit (SUP) for a temporary training facility was approved in 1981 and extended to allow for extra class rooms and parking in 1994. An SUP was approved in 2019 for expansion of the substation. Plans at this point are to construct a new state-of-the-art permanent training facility. This location will serve the entire Entergy service area including Texas, Louisiana, Arkansas and Mississippi. The property may also serve as a storm staging area if needed. The applicant states that the existing tree canopy will be preserved along the north and west sides of the property. Although it is stated that formal landscaping will be completed in accordance with City Ordinances, none is shown on the submitted site plan. As the parking will be more than doubled, all parking will be required to be brought into compliance with the City Landscaping Ordinance. Thirteen (13) landscaped islands will be required with existing and proposed parking areas and a six (6) foot wide landscaped buffer containing shrubs will be required along the property line between parking areas and Plant Road. In addition, a five (5) foot wide sidewalk will be required along Plant Road for the width of the property. The Planning staff recommends approval of the request with the following conditions: 1. Landscaping be provided per City of Beaumont Ordinance requirements. 2. A sidewalk be provided along Plant Road. Please note that final occupancy approval is subject to review and acceptance of submitted plans and field inspections to verify compliance with applicable codes. Exhibits are attached. PUBLIC NOTIFICATION Notices mailed to property owners 24 Responses in Favor Responses in Opposition LEGAL DESCRIPTION FOR ORDINANCE PURPOSES Being Track 218 out of Track 46, Plat RS 1 of the Thomas Spears Survey, A-50, Beaumont, Jefferson County, Texas, containing 17.83 acres, more or less. ANALYSIS CONDITIONS FOR APPROVAL OF SPECIFIC USE PERMIT (SECTION 28-26.E, ZONING ORDINANCE) Application Application Discussion is in is not in in Staff compliance compliance Report Conditions: 1. That the specific use will be compatible with and not injurious to the use and enjoyment of other property, or significantly diminish or impair property values within the immediate vicinity; X . 2. That the establishment of the specific use will not impede the normal and orderly development and improvement of surrounding vacant property; X 3. That adequate utilities, access roads, drainage and other necessary supporting facilities have been or will be provided; X 4. The design, location and arrangement of all driveways and parking spaces provides for the safe and convenient movement of vehicular and pedestrian traffic without adversely affecting the general public or adjacent developments; X 5. That adequate nuisance prevention measures have been or will be taken to prevent or control offensive odor, fumes, dust, noise and vibration; X 6. That directional lighting will be provided so as not to disturb or adversely affect neighboring properties; X 7. That there are sufficient landscaping and screening to insure harmony and compatibility with adjacent property; and, X 8. That the proposed use is in accordance with the Comprehensive Plan. X GENERAL INFORMATION/PUBLIC UTILITIES APPLICANT: Michelle Hawkins PROPERTY OWNER: Entergy Texas, Inc. LOCATION: 4950 Plant Road EXISTING ZONING: RCR (Residential Conservation & Revitalization) & R-S (Residential Single -Family Dwelling) PROPERTY SIZE: 17.83 acres, more or less EXISTING LAND USES: Entergy Helbig Substation FLOOD HAZARD ZONE: "X" - Areas determined to be outside 500-year floodplain SURROUNDING LAND USES: SURROUNDING ZONING: NORTH: Residential R-S (Residential Single -Family Dwelling) EAST: Residential R-S (Residential Single -Family Dwelling) SOUTH: Residential R-S (Residential Single -Family Dwelling) WEST: Residential R-S (Residential Single -Family Dwelling) COMPREHENSIVE PLAN: Neighborhood Growth Unit STREETS: Plant Road — Major Collector, with a 60' right-of-way and a 20' pavement width DRAINAGE: Open Ditch WATER: 8" water line SANITARY SEWER SERVICE: 8" sanitary sewer line PROPERTY OWNERS NOTIFIED WITHIN 200 FEET: FAITH COMMUNITY DEVELOPMENT CENTER LLC SERIES A STEWART PHILIP & KRISTEN ALANIZ JOEL M CURRENT OWNER BENTON ONEAL & BOBBI GUILLORY MARY ANN BELL INGRID V GOODEN BETTY TRUSS JEFF H & NETTIE YOUNG KEISHON K REAL CAD PROPERTIES LLC ENTERGY TEXAS INC ENTERPRISE INTRASTATE LP WRIGHT JOHN A & WRIGHT JOHN ALDEN ENTERPRISE INTRASTATE LP SHARP CARLTON J & GWENDOLYN LOWER NECHES VALLEY AUTHORITY ENTERGY TEXAS INC BROUSSARD LEONARD & COLLETTE BEAUMONT Planning R Community Development Case Type:Planning and Zoning Case Status: REVIEW Case Sub Type: Specific Use/Rezone Tag Name: amended SUP for 2380-P Case #: PZ2021-133 Initiated On: 4/19/2021 3:40:33PM Location: 4950 PLANT RD, BEAUMONT, 77708 Individuals listed on the record: Applicant Entergy Texas Inc P.O. Box 61000 New Orleans, LA 70161 Property Owner Agent Michelle Hawkins Entergy Services, Inc - 2001 Timberloch Place The Woodlands, TX 77380 Case Type: Planning and Zoning Case #: PZ2021-133 Home Phone: Work Phone: Cell Phone: 601-259-4332 E-Mail: mhawk93@entergy.com Home Phone: Work Phone: Cell Phone: E-Mail: Home Phone: Work Phone: Cell Phone: 601-259-4332 E-Mail: mhawk93@entergy.com Page 1 of 2 Printed On: 4/22/2021 April 20, 2021 City of Beaumont Attn: Planning Commission 801 Main Street Sulu 210 Beaumont, TX 77701 Entergy Texas, Inc. 2001 Timbedoch The Woodlands, TX 77380 Tel (281) 297-5528 atampl2@entergy.com RE: Project: Entergy Texas, Inc. Texas Learning & Development Center (Plant Road) Request for Amended Specific Use Permit Dear Madam/Slr: Entergy Texas, Inc., respectfully submits the enclosed application to the Planning Commission for the City of Beaumont for review and.approval. Entergy currently holds a temporary use training facility permit for the location at issue, We are seeking to amend the existing specific use permit to allow for construction of a new, permanent training facility. Our new Texas Learning and Development Center will be a state-of-the-art training facility for Entergy to provide current and future distribution line employees with technology and skills training. Line workers from the current Entergy service areas, including: Texas, Louisiana, Arkansas & Mississippi, will utilize this new training facility. Please note that this location may also serve as a storm staging area for Entergy employees and contractors in limited circumstances. This new training center will encompass approximately 25,000 square feet tinder roof and include: O Computer based training classrooms Technical skills classrooms offices fat' staff and trainers o Common and storage areas e Parking Entergy is committed to providing a first class facility to enhance the quality of life for the citizens of the City of Beaumont acid surrounding communities, Thank you for consideration .and we look foiNvard to completing a successful project. Please do not hesitate to contact our team with any questions or comments. Sin erely, 4 A,C,105 Eti Angela Tamplain Sr. Facility Analyst BEAUMONT Planning & Community Development Legal Description Plat RS1, TRact 218 out of 46, Thomas Spear Survey Number of Acres 17.83 Proposed Use Entergy TX Lineworker Training Facility That the specific use will be The proposed facility and site improvements will add to the value of compatible with and not injurious to the property and surrounding areas by removing temporary trailer the use and enjoyment of other areas with a formalized permanent building and landscaped site. property, nor significantly diminish or impair property values within the immediate vicinity That the establishment of the specific The proposed will utilize the majority of existing paved areas and use will not impede the normal and remove temporary trailer facilities by addition of a formal building orderly development and improvement structure within the same footprint area. Limited removal of existing of surrounding vacant property; tree canopies will occur, and formal landscape planting will be added to the building perimeter and frontage along Plant Road. That adequate utilities, access roads, The existing site already contains access roads and utilities that will drainage and other necessary be utilized by the proposed facility. Hydrology calculations will be supporting facilities have been or will performed, and storm detention and structures will be added to be provided account for added impervious surface/runoff. All efforts will be made to export runoff to the existing drainage easement on the north perimeter of the site. The design, location and arrangement of all driveways and parking spaces provides for the safe and convenient movement of vehicular and pedestrian traffic That adequate nuisance prevention measures have been or will be taken to prevent or control offensive odor, fumes, dust, noise and vibration That directional lighting will be provided so as not to disturb or adversely affect neighboring properties That there are sufficient landscaping and screening to insure harmony and compatibility with adjacent property That the proposed use is in accordance with the Comprehensive Plan Notes: Existing curb cuts 1 drive aisles from Plant Road will be utilized for site access. All pedestrian crossing areas will utilize crosswalk signage and striping. Sidewalks will be provided around the building perimeter with a raised curb/gutter edge. Existing woodlands will be maintained on the north and west side of the site to limit any noise pollution. The proposed use does not foresee contributing anything that would create fumes, odors, dust, or vibrations. All site lighting will utilize g0' cutoff fixtures for limited light pollution. The project will strive to retain as much of the existing tree canopy as possible and looks to maintain the forested cover on the north and west sides of the site. Formal landscaping will be completed in accordance with the City's Landscaping and screening ordinance. No Comprehensive Plan was located by the design team for the City of Beaumont. The proposed site will utilize full compliance to 2015 IBC codes, and the City of Beaumont Landscape Ordinance. Case Type: Planning and Zoning Page 2 of 2 Case #: PZ2021-133 Printed On: 4/27/2021 @i --- -------- �• O I tL LLJ k 1 � I .t• CL t . t C17 `4.� i •tip 'tl �,t �,{ LAJ 4 ! � $ t L o• c� ���i � O ! !L'LJ o � I a I •�1. . c'400 ti 1 c0 w 01 $ $ a o ' tX a I - � O � � 1 =1 � •:L � I� w 1 CJ � L1 Q I y � - �•'L w 1 s _ ! how+ 2 Oe 2a dN � •,• �� '\ 1 �YI a� �!• asp G y ! 0. PZ2021-133: Request for an Amended Specific Use Permit to allow a training facility for Entergy in an RCR (Residential Conservation Revitalization) District. Applicant: Entergy Texas, Inc. Location: 4950 Plant Road 0 250 500 L I I Feet � r 'fir t � 3,: ``�. � �� f ; o�' y9 � k.Y t �;i• r r; .! r t.' 711t i •^ �.1All i J 'G'A�GER"A�I,E 3 t-'. r c c y� JA ' f Yt r,t (' �F,�{,1�,Y41r r•r - � R-S �f,�t�'1" t .f:_ Y mumm e. ip FIA fir t ' .t}� 'ff '��` t r' ,1�'.•�f- t st '*7E, r ,p vF•, _ t '1'i�P �f � Diu 's"t a f� tF ;AWN,1mm �p LL r T4 FP ds 9% ' t Y ?5 R-S .. L •����y' _1' 'r' 1 'k.'f�' • t f `gyp, %i DATE: May 17, 2021 TO: Planning Commission and City Council FROM: Chris Boone, Director of Planning and Community Development SUBJECT: To consider a request for a Specific Use Permit to allow a boat and RV storage facility in an GC -MD (General Commercial — Multiple -Family Dwelling) District. FILE: PZ2020-134 STAFF REPORT Will, Jake and Elaine Henderson — partners, are requesting permission to allow a boat and RV storage facility at 8200 Phelan Boulevard. The property will also be used as an indoor baseball training facility as well, but only the storage facility, consisting of fifty-five (55) storage units, required a Specific Use Permit. This property is adjacent to a residential neighborhood to the north. In order to minimize the impact of a commercial use next door, directional lighting will be required. Adequate landscaping has been proposed along those property lines shared with residential properties and along the front of parking areas. In addition, a five (5) foot wide sidewalk will be required and is shown on the proposed plan. Staff recommends approval of the request with the following conditions: 1. All exterior lighting will be directional and shielded away from neighboring properties. 2. Landscaping shall be provided as required by Ordinance. 3. A sidewalk shall be provided along Phelan for the width of the property. Please note that final occupancy approval is subject to review and acceptance of submitted plans and field inspections to verify compliance with applicable codes. Exhibits are attached. PUBLIC NOTIFICATION Notices mailed to property owners 15 Responses in Favor Responses in Opposition LEGAL DESCRIPTION FOR ORDINANCE PURPOSES Being Plat SP-2 Tracts 158 & 278-A, H WILLIAMS Survey, Abstract 56. Plat SP-6, Tracts 73 73-A, 73-B & 216 C WILLIAMS Survey, Abstract 59, Beaumont, Jefferson County, Texas, containing 3.0 acres, more or less. ANALYSIS CONDITIONS FOR APPROVAL OF SPECIFIC USE PERMIT (SECTION 28-26.E, ZONING ORDINANCE) Conditions: Application Application is in is not in Comments compliance compliance Attached 1. That the specific use will be compatible with and not injurious to the use and enjoyment of other property, or significantly diminish or impair property values within the immediate vicinity; X 2. That the establishment of the specific use will not impede the normal and orderly development and improvement of surrounding vacant property; X 3. That adequate utilities, access roads, drainage and other necessary supporting facilities have been or will be provided; X 4. The design, location and arrangement of all driveways and parking spaces provides for the safe and convenient movement of vehicular and pedestrian traffic without adversely affecting the general public or adjacent developments; X 5. That adequate nuisance prevention measures have been or will be taken to prevent or control offensive odor, fumes, dust, noise and vibration; X 6. That directional lighting will be provided so as not to disturb or adversely affect neighboring properties; X 7. That there are sufficient landscaping and screening to insure harmony and compatibility with adjacent property; and, x 8. That the proposed use is in accordance with the Comprehensive Plan. X GENERAL INFOR.MATION/PUBLIC UTILITIES APPLICANT: Will, Jake & Elaine Henderson - partners PROPERTY OWNER: Will, Jake & Elaine Henderson - partners LOCATION: 8200 Phelan Boulevard EXISTING ZONING: GC -MD (General Commercial — Multiple - Family Dwelling) PROPERTY SIZE: EXISTING LAND USES: FLOOD HAZARD ZONE: SURROUNDING LAND USES: NORTH: Residential EAST: Church SOUTH: Vacant WEST: Vacant/Commercial COMPREHENSIVE PLAN: STREETS: DRAINAGE: WATER: SANITARY SEWER SERVICE: —3.0 acres Vacant X — Area determined to be outside the 500 year flood plain. SURROUNDING ZONING: RS (Residential Single -Family Dwelling) GC -MD (General Commercial — Multiple - Family Dwelling) GC -MD GC -MD Stable area Phelan Boulevard — Major arterial with 90' wide right-of-way and 24' pavement width for the west bound lanes. Curb and Gutter on Sarah Street Open ditch on Fatima Street 6" and 8" Water lines 10" and 12" Sanitary sewer lines PROPERTY OWNERS NOTIFIED WITHIN 200' HENDERSON ELAINE LIVEMORE JOHN CODY & BRITTNY N DERHAROUTIAN DAVID ET UX WEST END BAPTIST CHURCH OF BEAUMONT TX DOUBLE EAGLE PARTNERS LTD M & E FOOD MART INC DELAWARE & DOWLEN GROUP LLC ODOM BLANE & JULEE NORWOOD S R RETAIL INVESTORS OF TEXAS LTD MELLING MICHAEL J ET UX FULJENZ MICHAEL R & KAREN S DOUBLE EAGLE PARTNERS LTD HARTZOG GRETCHEN S BEAUMONT Planning & Community Development Case Type:Planning and Zoning Case Status: REVIEW Case Sub Type: Specific Use Permit Tag Name: The proposed Boat and RV Storage & Case #: PZ2021-134 private baseball facility Location: 8200 PHELAN BLVD, BEAUMONT, TX, 77706 Initiated On: 4/20/2021 11:55:19PM Individuals listed on the record: Applicant Will Henderson, Jake Henderson & Elaine Henderson- Partners P.O. Box 7795 Beaumont, TX 77726 Property Owner Will Henderson, Jake Henderson & Elaine Henderson- Partners P.O. Box 7795 Beaumont, TX 77726 Agent Charles Shajari 87 Interstate 10 N Suite 115 Beaumont, TX 77707 Home Phone: Work Phone: Cell Phone: 409--673-0883 E-Mail: w.henderson@reagan.com Home Phone: Work Phone: Cell Phone: 409--673-0883 E-Mail: w.henderson@reagan.com Home Phone: 409-351-2601 Work Phone: Cell Phone: 409-351-2601 E-Mail: benchmarkI990@gmail.com Case Type: Planning and Zoning Case #: PZ2021-134 Page 1 of 3 Printed On: 4/26/2021 DOUBLE EAGLE PARTNERS, INC. 8200 Phelan Blvd. Beaumont, Texas 77706 April 21, 21 The proposed Boat and RV Storage units project shall contain 55 units. It will also contain a private baseball facility wholly contained within the central building on the southern end. We will provide total management of the property with a manager and or staff available by appointment or for emergency purposes 24 hours a day for tenant assistance. The storage units will contain an electrical outlet, motion activated LED lights and will all be fully enclosed and locked by the tenant. There shall be one 6" sewer connection located on the east roadway for tenants use prior to park the vehicles in stalls as reflected on the site plan. The private baseball facility will consist of a 100' by 195' area partitioned off by a fire rated wall per code at 95' depth of the 195' run creating 2 separate areas of 100' x 95' and 100' x 100'. This facility is private and by appointment only. Adequate parking with required ADA spaces and design parameters are reflected on the site plan to represent the required number of spaces per city code for both the boat and RV storage and the private baseball facility. The site will have monitored access control with directional roadways permitting safe and efficient traffic flow. The access control is designed in a manner to allow complete entry onto the site to not impede traffic on the public roadway. The roadway is also designed in a fire protection friendly manner allowing for above adequate access, width, and generous turning radii exceeding code. They perimeter will be 8' fenced on 3 sides not including the front facing Phelan Blvd. The 8' fence shall be of a privacy style on any lot exposures neighboring any residential areas. There shall be cameras and security monitoring systems installed. There shall be a 10' exclusive waterline easement strategically placed through the property allowing for four (3) hydrants to be located on site. This design also allows for the linear feet of reach requirement needed for fire protection to the entire perimeter of all structures. All structures will be constructed a minimum of 18" inches above the Base Flood elevation or be flood proofed to 18" inches above the base flood elevation. In addition, the sewer hook-up will be designed where it can be sealed during a flood. The site shall be neatly landscaped and professionally maintained to promote a pleasing aesthetic appearance in uniform with the city code of ordinances and guidelines. This includes the appropriate landscape and green space buffers along residential borders with class "b" trees 12' feet apart and shrubbery along the front facing Phelan Blvd spaced and maintained according to code. We would like to start the project as soon as September 2021 with breaking ground and construction commencement. Our main goal is to bring a quality product to the area starting with great aesthetics and quality customer service while addressing a growing demand in our market. With RV ownership being at an all-time high across the US, the need for quality storage continues to grow. With SETX being considered one of the top 3 hotbeds in the country for baseball, we feel that we can address that need with our experience and expertise in the industry. Our Father and Husband, Lester Henderson, left us land over 20 years ago when he passed away to have something for our future. This is his Legacy! Sincerely, Partners BEAUMONT Planning & Community Development Legal Description Plat SP-2 Tracts 158 & 278-A, H WILLIAMS Survey, Abstract 56. Plat SP-6, Tracts 73 73-A, 73-B & 216 C WILLIAMS Survey, Abstract 59. Number of Acres 3.04 Proposed Use RV and boat storage That the specific use will be The proposed Boat and RV storage units with an enclosed private compatible with and not injurious to baseball facility will be fully regulated by the, property management the use and enjoyment of other team and will be meticulously maintained including all building property, nor significantly diminish or upkeep, landscaping, and fencing. We will be providing superior impair property values within the services that will directly benefit the surrounding area while immediate vicinity maintaining a low impact on our surrounding neighbors due to the light vehicular and tenant traffic. That the establishment of the specific The proposed facility shall be constructed to exceed the minimum use will not impede the normal and standards set forth in the Beaumont Code of Ordinances. There shall orderly development and improvement be an 8' privacy fence with a well -maintained landscaped barrier of surrounding vacant property; adjoining any residential areas. The front of the property shall contain professionally landscaped areas that shall meet or exceed code requirements. There will also be a sidewalk laid along Phelan in accordance with city code which shall in turn aid in pedestrian and ADA traffic. There will be ample security cameras on site along with access control within the site to control traffic. Directional LED lighting shall be installed throughout and in a manner best suited not to disturb the surrounding neighbors. All driveways and parking spaces will be concrete and shall be appropriately marked including all fire lanes required by code. That adequate utilities, access roads, The proposed site facility will be designed by a licensed professional drainage and other necessary engineer which will design and allow for adequate drainage supporting facilities have been or will calculations. All private utilities will comply with the plumbing code be provided requirements and will tie into the city sewer line along the front of the property. The facility will provide a 10' exclusive water line easement through the property with the addition of fire hydrants per fire code. The full perimeter of all structures shall be accessible for fire protection within the defined linear distances per fire code. All access control points shall have a knox box entry system for emergency services access. All roadways will be 6" reinforced concrete pavement with drainage and grading design. The design, location and arrangement The proposed facility will be designed for all safety requirements, one of all driveways and parking spaces 36' wide entrance and one 36' wide exit to facilitate directional traffic provides for the safe and convenient with radii to meet the public works guidelines. There shall be a deep movement of vehicular and pedestrian setback from the roadway to the entrance gate to prevent vehicles traffic from impeding traffic when entering the premises. The interior roadway shall be designed for 20' wide fire truck accessibility and shall loop through the facility in a directional manner with proper turning radii of 25' or greater implemented into the engineered layout and reflected on the site plan. Case Type: Planning and Zoning Page 2 of 3 Case #: PZ2021-134 Printed On: 4/2612021 BEAUMONT Planning & Community Development That adequate nuisance prevention The proposed facility will be regulated by the property management measures have been or will be taken team. As per their defined scope of work, they shall monitor the site to prevent or control offensive odor, for QA/QC measures of physical appearance and cleanliness. There fumes, dust, noise and vibration will be guidelines and brochures posted throughout the facility for disposing of rubbish in the proper provided containers. Since there are no dirt roadways, dust will not be an issue. If any noise or vibration are noted at the site, the tenant will be notified immediately with a warning. That directional lighting will be The proposed facility will have lighting installed per the directional provided so as not to disturb or requirements per the city ordinances. All lighting systems at the site adversely affect neighboring will be LED with the proper design lumens to not disturb or affect the properties neighboring properties. That there are sufficient landscaping and screening to insure harmony and compatibility with adjacent property That the proposed use is in accordance with the Comprehensive Plan Notes: The proposed facility shall have a 6' landscape buffer in the front of the property with shrubs only due to the overhead power lines above at 24" C_C apart per city ordinance. The entire rear and 88.57' of the northern most east property line adjoining residential areas, shall contain a 10' landscaped border and green space comprising of 1 class "B" tree planted every 12 lineal feet adhering to the city's landscape ordinance requiring 2 class "B" trees for every 25 lineal feet. The proposed facility will be designed per all City of Beaumont Codes, Ordinances & DD6. requirements. Case Type: Planning and Zoning Page 3 of 3 Case #: PZ2021-134 Printed On: 4/26/2021 r� of L PROPOSEDa' $� I SEWER TAP c.. p'bfF IFGEHD ExBnHG 16.`,A R Fy � o suFn eatnco , .Ne w iu.�sNrn,_wirr PROPOSED SITE PUN I In = 31 Z2021-134: Request for a Specific Use Permit to allow a boat and RV storage facility in an GC - MD (General Commercial — Multiple -Family Dwelling) District. pplicant: Will Henderson, Jake Henderson & Elaine Henderson - Partners Location: 8200 Phelan Boulevard 0 100 200 300 400 1 1 1 1 1 1 Feet DATE: May 17, 2021 TO: Planning Commission FROM: Chris Boone, Director of Planning and Community Development SUBJECT: Consider a request for the conveyance and dedication of private streets and infrastructure to the City of Beaumont. FILE: PZ2021-135 STAFF REPORT Alan Cramer, President of the Wood Hollow Town Homes Homeowners Association, has requested that the City of Beaumont accept maintenance of the private street known as Wood Hollow Town Homes Private Drive, and it's infrastructure. The City recently adopted a process for the conversion of private streets and other infrastructure to public ownership and maintenance (see attached). Also attached is an analysis of the condition of the existing private infrastructure, conducted by the Public Works Department. An analysis of the request was considered with the following responses: Public Works/Engineering — reject the request because it is a parking lot. Water Utilities — a review of the plat and construction plans shows the water lines are located within a utility easement dedicated to the City of Beaumont. Therefore, the City currently maintains the existing water lines. The sewer lines are not marked on the plats or construction plans. It is recommended to reject the request until the sewer lines are located and reviewed. Fire Department — Fire Marshal Condina reviewed the site and stated the property is more of a driveway and not a street... It is recommended to reject the request because it is a parking lot. Solid Waste — Solid Waste will not be able to offer residential garbage/heavy trash pick-up to these units as there is no place for garbage cans. Based on this review, planning staff recommends denial of the request. This item was sent to all interested parties. LEGAL DESCRIPTION FOR ORDINANCE PURPOSES Being the Wood Hollow Town Homes land and infrastructure owned in common. GENERAL INFORMATION f PUBLIC UTILITIES APPLICANT: PROPERTY OWNER: LOCATION: EXISTING ZONING: PROPERTY SIZE: EXISTING LAND USES: FLOOD HAZARD ZONE: SURROUNDING LAND USES: NORTH: Residential EAST: Commercial SOUTH: Church WEST: Commercial COMPREHENSIVE PLAN: DRAINAGE: Alan Cramer, President of Wood Hollow Town Home Homeowners Association Wood Hollow Town Homes Homeowners Association Wood Hollow Town Homes RM-H (Residential Multiple -Family Dwelling - Highest Density) -4.41 acres more or less Private Drive "X" - Areas determined to be outside 500-year floodplain SURROUNDING ZONING: RS (Residential Single Family Dwelling) and GC -MD (General Commercial - Multiple -Family Dwelling) GC -MD RM-H (Residential Multiple -Family Dwelling - Highest Density) GC -MD Stable Area Curb and gutter Z2021-135: Request for the conveyance and dedication of private streets and infrastructure to the N City of Beaumont, Applicant: President of the Wood Hollow Townhomes Home Owner's Association Location: Wood Hollow Townhomes, Sections 1 & 2 0 100 200 1 1 1 1 Feet li LL"��lJ Al�_<)I TEXAS INTEROFFICE MEMORANDUM City of Beaumont, Texas Date: March 15, 2021 To: Kyle Hayes, City Manager From: Bart Bartkowiak, Public Works & Technology Director Subject: Wood Hollow Townhomes Sections 1 & 2 — public street request COMMENTS Attached for your review are the Public Works/Engineering, Water Utilities, Fire Department and Solid Waste recommendations for the Wood Hollow Townhomes Section 1 and Section 2 request for the City of Beaumont to consider accepting the private streets as public streets. Public Works/Engineering — reject request because it is a parking lot. Water Utilities — a review of the plat and construction plans show the water lines are located within a utility easement dedicated to the City of Beaumont, therefore, the City currently maintains the existing water lines. The sewer lines are not marked on the plats or construction plans. It is recommended to reject the request until the sewer lines are located and reviewed. Fire Department — Fire Marshall Condina reviewed the site and stated the property is more of a driveway and not a street. The property is like other apartment complex parking lots in Beaumont. There are no fire lanes. Cars are parked all over and not in marked parking spaces. It is possible in the connecting drives and between apartment buildings, a fire apparatus might not be able to pass due to vehicles in the way. It is recommended to reject the request because it is a parking lot. The fire department will visit the site and paint fire lanes in the near future. Solid Waste — Solid Waste will not be able to offer residential garbage/heavy trash pick to these units because there is no place for garbage cans. If you have any questions, please do not hesitate to contact me. cc: Chris Boone Tyrone Cooper Joe Condina Molly Villarreal Antoinette Hardy RESOLUTION NO. 17-073 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Council hereby approves guidelines for acceptance of private streets and infrastructure for maintenance by the City of Beaumont, as described in Exhibit 'A," attached hereto and made a part hereof for all purposes, PASSED BY THE CITY COUNCIL of the City of Beaumont this the 11th day of April, 2017. ayor Becky mes - GUIDELINES FOR ACCEPTANCE OF PRIVATE STREETS AND INFRASTRUCTURE FOR MAINTENANCE BY THE CITY OF BEAUMONT Procedures 1. To initiate the process for acceptance of a private street and infrastructure, a written letter must be submitted to the City Manager for consideration. The letter shall be signed by the representative of the property owners' association (the "Association") or the rightful owner authorized to dedicate the streets and infrastructure for public use. The application must include copies of the recorded plat of all streets to be dedicated, any applicable easement documents, any records of construction and repair of the streets and infrastructure and any and all deed restrictions and home owners association rules and amendments thereto. Upon the City's initial review, additional information may be requested. The City will consider requests received on a first -come, first served basis. 2. The Public Works Director (the "Director") will inspect each sheet and infrastructure to determine the condition. 3. The City Manager and staff will review and prepare the request for consideration by the Planning Commission and the City Council, The Planning Commission will review the proposal and make a recommendation to the City Council. The City Council shall thereafter determine acceptance or rejection of the street and infrastructure. 4. If the City Council accepts the street(s) and infrastructure, the Director shall notify the applicant of same. Additional Standards For Acceptance 1. Trees, boulders and other large obstacles (other than mailboxes) located within three (3) feet of the pavement shall be removed by the applicant if determined by the Director to be unsafe or a traffic hazard. Other Conditions of Acceptance: Maintenance 1. The City will document by photographic evidence, engineering reports, plans and tests, the condition, composition and configuration (including pavement thickness and width) of the street at the time of application. If accepted, the City will have no obligation to improve the condition or configuration of the street and/or infrastructure. 2. The Association shall maintain all entrance monuments to subdivisions, including lighting, painting, repairs and maintenance. If in conflict with City standards, monuments may need to be altered or removed at the expense of the Association or owner. 3. The City will remove all trees on the right -of --way that die after the streets have been accepted. Replacement of trees will be within the sole discretion of the City. All other landscaping will be performed at the expense of the Association or owner. 4. Entrance gates that prevent public access to streets, speed bumps and any other traffic obstructions or devices will not be allowed on city maintained streets and must be removed at the Association's or owner's expense. 5. Acceptance by the City of the responsibility to maintain streets does not include the responsibility for maintenance of landscaping within the street right-of-way, landscaped portions of cul-de-sacs, common ground, streetlights, or mailboxes within the right-of- way. 6. As a condition of acceptance by the City of any street pursuant to these guidelines, any and all documents deemed necessary by the City for final acceptance shall be executed by the Association or owner. Letter of Request Wood Hollow Town Homes HOA 2700 N 1611 St Beaumont Tx, 77703 To Whom it may concern, City of Beaumont: City Manager 801 Main St Beaumont, Texas 77701 This letter is to request for the City of Beaumont to review our Private Street and Infrastructure Acceptance Application and take over all road ways in said area. We have attached all the necessary documents for review. Please feel free to reach out with any questions or concerns. Thank you for your time. Sincerely, Alan Cramer President of Wood Hollow Town Homes HOA acramerxx@aol.com 409-338-7058 No Text "1 , eta are St 1 .: lln fD ~ 16 catholic Charities „k, Ready Depot of Texas } i l , wl�l OMEN_ Advance ►S'ta[fing r �. J Googrle - BEAU140NRx I City of Beaumont Private Street and .infrastructure Acceptance Application Date Subdivision NameWIW)d W40W-%W(AW6 e` hases: S.t? C, j c 2- Contact Name Address ZIP Phone Email REQUIRED DOCUMENTATION SUBMITTED WITH THIS APPLICATION: U/-*`&opics or the recorded plat dl' F,asement documents Construction and maintenance records LT Home Owners' Association rules, deed restrictions and any amendments 0/ Recorded Member Vote requesting private street(s) to become public street(s) NOTICE: BY SIGNING THIS FORM I ASSER'1" ITIAT I AM A RI PRESrN'I'ATIVE O '1 HIS SUBDIVISION PROPERTY OWNERS' ASSOCIATION AND I IAVE BEEN DULY AUTHORIZED TO SUBMIT THIS REQUEST ON BEHALF OF '1'llE ASSOCIATION. ALSO, I HERE13Y ASSERT" I IIAT ALL REQUIRED DOCUMENI'A'1101\1 IS BEING SUBMIT"I'Ell AT 1'HE TIME OF APPLICATION. ALSO. I AGREE TO ADHERE TO'I HE "GUIDELINES FOR ACCEPTANCE OF PRII1ATE8TREETAA1D INFRASTRUCTURE FOR A1,41NTENANCE BY THE CITI' OF BEAMVONT." AS ADOPTED 13Y'I'1-l1.'Cl't'Y COUNCII. 01''I'Idli CITY OI'-B[:A1JON'1','I'EXAS. I ALSO DI?C1.ARIi'I'1-IA'I"I'I-IE INI,-ORMA'I'ION PROVIDED ON'I'IIISFORM IS'i'R GANDCORREC'I'. 112 0 SIGNATURE or AUTHORIZED AGENT DATE SIGNATURI:i OF AUTHROIZED AGENT DATE ACCEPTED BY: DATE. RECEIVED: Golden Triangle Sawing LLC PO Box 12372 Beaumont, TX 77726 US +1 4098536747 goldentdanglesawing@gmail.com INVOICE BILL TO MMB Real Estate LLC T S INVOICE # 0000066 DATE 10/08/2020 DUE DATE 10/08/2020 TERMS Due on receipt DATE ACTIVITY DESCRIPTION CITY AMOUNT 10/05/2020 Slab sawing 493 Lineal Feet saw out concrete 1 18,000.00T 10/05/2020 Removal and disposal 1235 Square feet concrete removal 1 O.00T 10/05/2020 Concrete pour back FIx, Compact subfloor, pour new concrete 1 O.00T slab to match thickness of existing (4"min) reinforce with 6X6 wire mesh and #5 dowels 12" long at 241"O.0 drill 4" embed, stagger around perimeter using 4000psi concrete 10/05/2020 Concrete pour back TX 20' Fill up gap 2' deep with crash 1 0.00T concrete and pour back 4" thick concrete SUBTOTAL 18,000.00 TAX 1,485.00 TOTAL 19,486.00 BALANCE DUE $19r485,00 Aoel 'MVC3�7 kt -�focow csos # Unit Section First Name Last Name Street Petition Vote 1 I TNT Wealth Management LLC yes 21 James Kelley yes 3 1 Joseph Derrick, Jr. yes 41 Brandon Roberson yes 51 Miesha Johnson yes 6 1 Caliber Properties yes 71 Edith Uzoh yes 8 1 Frances & Jesse English 91 Mary Edson yes 101 Ester Bryant yes 111 Marvin Blow yes 121 Alan Cramer yes 131 Alan Cramer yes 141 Alan Cramer yes 141 Alan Cramer yes 151 Alan Cramer yes 151 Alan Cramer yes 161 Joseph Miller yes 171 Joseph Miller yes 181 MTW Properties 19 1 TNT Wealth Management LLC Perkins yes 20 1 Aric & Dimitrise Haynes yes 21 1 Aric & Dimitrise Haynes yes 221 Emma Adam yes 231 Alan Cramer yes 24 Il Cavett Fam Partnership yes 25 11 Gayle & Associates yes 26 II Grant Swope Swope yes 27 II Bayview Inv. yes 2811 Alan Cramer yes 2811 Alan Cramer yes 29 II Caliber Properties yes 30 II Alvin & Nicole Prause yes 3111 Jose Loza yes 32 II Diversified T & C yes 33 11 Dora & Darren Johnson 34 II James Kelley Kelley yes 35 II TNT Wealth Management yes 3611 Edith Uzoh yes 3711 James Kelley yes 3811 Joann Wilson yes 3911 Alan Cramer 3911 Alan Cramer 40 II Aric & Dimitrise Haynes yes 41 11 Aric & Dimitrise Haynes yes 4211 Alan Cramer yes 4311 Alan cramer yes 44 II Ali & Sarah Hamden 45 II Joseph Derrick, Jr. yes 4611 Billy Rhea 4711 Mannie Williams yes 4811 Shawn Skinner 4911 Shawn Skinner 5011 Alan Cramer yes 5111 Marvin Blow yes 5211 Philip Ugochukwu 5311 Marvin Blow yes 5411 Alan Cramer yes 5511 Alan Cramer yes �E A, 1 M 11 N T El R- A s PUBLIC WORKS DEPARTMENT/ENGINEERING DIVISION PETITION FOR ACCEPTANCE OF PRIVATE STREETS AND INFRASTRUCTURE The undersigned owners of real property abutting or having sole legal access to the hereafter road in the City of Beaumont, Jefferson County, Texas, do hereby file this, their petition, with the City of Beaumont. A majority of support (two-thirds) by the property owners is required to initiate the acceptance of private streets and infrastructure by the City of Beaumont. A copy of Resolution No. 17-073 approved by City Council is attached providing the guidelines for acceptance of private streets and infrastructure for maintenance by the City of Beaumont as labeled Exhibit "A". Name of Subdivision: Wood Hollow Townhomes Section], Section 2 2700 N 16d, St Beaumont Tx HOA President Contact Information: Name: Alan Cramer — -- - - - -- — — Phone: 409-338-7058 Email: acramerxxnaol.com Submit Petition to: City of Beaumont Engineering Division PRINTED NAME & ADDRESS SIGNATURE PARCEL_ ID NUMBER inust be legible TNT Wealth Management 1233 S. Main St. Unit 1-117111 Lumberton TX 77657 TNT Wealth Management Unit 19-117654 1233 S. Main St. Lumberton TX 77657 TNT Wealth Management Unit 35-117670 1233 S. Main St. PUBLIC WORKS DEPARTMI?NIYENGINEERING DIVISION PETITION POR ACCEPTANCE OF PRIVATE STREETS AND INFRASTRUCTURE The undersigned owners of real•propertq abutting or -having solo legal access to the, hereafter road in the City of Beaumont, Jefferson County,.Texas, do hereby file this, their petition, with the City of Beaumont. A majority of support (two-thirds) by the property owners is required to initiate the acceptance of private streets and infrastructure by the City of Beaumont.'AA copy of Resolution No: 17-073 approved by City Council is attached providing the guidelines for acceptance of private -streets and infrastructure for maintenance by the City of Beaumont as labeled Exhibit HA", Name of Subdivision: Wood Hollow Townhomes Section 1, Section 2 2700 N le St Beaumont Tx HOA. President Cp tact Information: Name: Alan Cramer'- '-- Phone: 409-338-7058 Email: acramerxx@aol.com Submit Petition to: City of Beaumont Engineering Division PRINTED NAME & ADDRESS SIGNATURE PARCEL ID NUMBER must bo logible James Kelley Unit 2-117637 Wellington Ln Lumberton Tx 77657 James Kelley Unit 34-117669 Wellington Ln Lumberton Tx 77657 James Kelley Unit 37-117672 Wellington Ln .-Lumberton '►`u 77657 ..... l�l T- E A - A s PUBLIC WORKS DEPARTMENT/ENGINEERING DIVISION PETITION FOR ACCEPTANCE OF PRIVATE STREETS AND INFRASTRUCTURE The undersigned owners of real property abutting or having sole legal access to the hereafter road in the City of Beaumont, Jefferson County, Texas, do hereby file this, their petition, with the City of Beaumont. A majority of support (two-thirds) by the property owners is required to initiate the acceptance of private streets and infrastructure by the City of Beaumont. A copy of Resolution No. 17-073 approved by City Council is attached providing the guidelines for acceptance of private streets and infrastructure for maintenance by the City of Beaumont as labeled Exhibit "A". Name of Subdivision: Wood Hollow Townhomes Section 1, Section 2 2700 N 161h St Beaumont Tx HOA President Contact Information: Name: Alan Cramer Phone: 409-338-7058 Email: acramerxx(�i aol.com Submit Petition to: City of Beaumont Engineering Division PRINTED NAME & ADDRESS must be legible SIGNATURE PARCEL ID NUMBER Joseph Derrick Jr 2585 Beech Beaumont Tx 77702 i 4 Unit 3- 117638 Joseph Derrick Jr 2585 Beech Beaumont Tx 77702 G� , Unit 45-117680 T E X• A 6 PUBLIC WORKS DEPARTMENT/ENGINEERING DIVISION PETITION FOR ACCEPTANCE OF PRIVATE STREETS AND INFRASTRUCTURE The undersigned owners of real property abutting or having sole legal access to the hereafter road in the City of Beaumont, Jefferson County, Texas, do hereby file this, their petition, with the City of Beaumont. A majority of support (two-thirds) by the property owners is required to initiate the acceptance of private streets and infrastructure by the City of Beaumont. A copy of Resolution No. 17-073 approved by City Council is attached providing the guidelines for acceptance of private streets and infrastructure for maintenance by the City of Beaumont as labeled Exhibit "A" Name of Subdivision: Wood Hollow Townhomes Section 1, Section 2 2700 N 1611 St Beaumont Tx HOA-President Contact. Information: Name: Alan Cramer Phone: 409-338-7058 Email: acramerxx @aol.co Submit Petition to: City of Beaumont Engineering Division PRINTED NAME & ADDRESS must be legible SIGNATURE PARCEL ID NUMBER Brandon & Jeanne Roberson 10003 Harry Dr Needville Tx 77461 ` Unit 4-117639 A11W1G � I T E _X A PUBLIC WORKS DEPARTMENT/ENGINEERING DIVISION PETITION FOR ACCEPTANCE OF PRIVATE STREETS AND INFRASTRUCTURE The undersigned owners of real property abutting or having sole legal access to the hereafter road in the City of Beaumont, Jefferson County, Texas, do hereby file this, their petition, with the City of Beaumont. A majority of support (two-thirds) by the property owners is required to initiate the acceptance of private streets and infrastructure by the City of Beaumont. A copy of Resolution No. 17-073 approved by City Council is attached providing the guidelines for acceptance of private streets and infrastructure for maintenance by the City of Beaumont as labeled Exhibit °A° Name of Subdivision: Wood Hollow Townhomes Section ],Section 2 2700 N 1601 St Beaumont Tx HOA President Contact Information: —Name: Alan Cramer Phone: 409-338-7058 Email: zcrnnici���r�ol_com Submit Petition to: City of Beaumont Engineering Division PRINTED NAME & ADDRESS must be legible SIGNATURE PARCEL ID NUMBER Miesha Johnson 2700 N. 16th Street, Unit 5 Beaumont TX 77703 t �' .�1� , ,-/�� L( Unit 5-117640 r - E , -X A S PUBLIC WORKS DEPARTMENT/ENGINEERING DIVISION PETITION FOR ACCEPTANCE OF PRIVATE STREETS AND INFRASTRUCTURE The undersigned owners of real property abutting or having sole legal access to the hereafter road in the City of Beaumont, Jefferson County, Texas, do hereby file this, their petition, with the City of Beaumont. A majority of support (two-thirds) by the property owners is required to initiate the acceptance of private streets and infrastructure by the City of Beaumont. A copy of Resolution No. 17-073 approved by City Council is attached providing the guidelines for acceptance of private streets and infrastructure for maintenance by the City of Beaumont as labeled Exhibit "A". Name of Subdivision: Wood Hollow Townhomes Section 1, Section 2 2700 N 16111 St Beaumont Tx HOA President Contact Information: Nnme: Alan -Cramer Phone: 409-338-7058 Email: fcramerxx(y)t ol,cnnt Submit Petition to: City of Beaumont Engineering Division PRINTED NAME R ADDRESS SIGNATURE PARCEL ID NUMBER lw lcbible j ` `m_ust V V \ C\ 17r;c Caliber Properties Unit 6-117641 148 S Dowlen Rd Beaumont Tx 77707 Caliber Properties 148 S Dow] en Rd Unit 29- 117664 Beaumont Tx 77707 r![l 1rE A, U C �1 . PUBLIC WORKS DEPARTMENT/ENGINEERING DIVISION PETITION FOR ACCEPTANCE OF PRIVATE STREETS AND INFRASTRUCTURE The undersigned owners of real property abutting or having sole legal access to the hereafter road in the City of Beaumont, Jefferson County, Texas, do hereby file this, their petition, with the City of Beaumont. A majority of support (two-thirds) by the property owners is required to initiate the acceptance of private streets and infrastructure by the City of Beaumont, A copy of Resolution No. 17-073 approved by City Council is attached providing the guidelines for acceptance of private streets and infrastructure for maintenance by tite City of Beaumont as labeled Exhibit "A" Name of Subdivision: Wood Hollow Townhomes Section 1, Section 2 2700 N 16th Beaumont Tx 77703 HOA President Contact Information: ---Name: Alan Cramer Phone: 409-338-7058 Email: acramerxx a.'101-q m Submit Petition to: City of Beaumont Engineering Division PRINTED NAME & ADDRESS SIGNATURE PARCEL ID NUMBER Edith Uzoh 2700 N 16th #7 Beaumont Tx 77703 G Unit 7 ID 117642 Edith Uzoh 2700 N 16th #7 Beaumont Tx 77703 Unit 36 �117671 I E At U 110 HT1�)'K T- E. X A S PUBLIC WORKS DEPARTMENT/ENGINEERING DIVISION PETITION FOR ACCEPTANCE OF PRIVATE STREETS AND INFRASTRUCTURE The undersigned owners of real property abutting or having sole legal access to the hereafter road in the City of Beaumont, Jefferson County, Texas, do hereby file this, their petition, with the City of Beaumont. A majority of support (two-thirds) by the property owners is required to initiate the acceptance of private streets and infrastructure by the City of Beaumont, A copy of Resolution No. 17-073 approved by City Council is attached providing the ,guidelines for acceptance of private streets and infrastructure for maintenance by the City of Beaumont as labeled Exhibit "A" Name of Subdivision: Wood Hollow Townhomes Section 1, Section 2 2700 N 16th Beaumont Tx 77703 HOA President -Contact Infol7nation: - - Name: Alan Cramer Phone: 409-338-7058 Email: acrtmelx\ a rlul.com Submit Petition to: City of Beaumont Engineering Division PRINTED NAME & ADDRESS SIGNATURE PARCEL ID NUMBER Mary Edson 203 E. Lisa Dr Austin Tx 78752 Unit 9 ID 117644 __ P_ I19�L_AiJ1_ iBpNp1QNI IYY11li �_ I �V C■ �I tyl Y � r T.E X AT._s PUBLIC WORKS DEPARTMENTIENGINEERING DIVISION PETITION FOR ACCEPTANCE OF PRIVATE STREETS AND INFRASTRUCTURE The undersigned owners of real property abutting or having sole legal access to the hereafter road in the City of Beaumont, Jefferson County, Texas, do hereby file this, their petition, with the City of Beaumont. A majority of support (two-thirds) by the property owners is required to initiate the acceptance of private streets and infrastructure by the City of Beaumont. A copy of Resolution No. 17-073 approved by City Council is attached providing the guidelines for acceptance of private streets and infrastructure for maintenance by the City of Beaumont as labeled Exhibit "A". Name of Subdivision: Wood Hollow Townhomes Section 1, Section 2 2700 N 16th Beaumont Tx 77703 HOA President Contact Information: Name: Alan Cramer Phone: 409-338-7058 Email: tprmner.xRaoIsom Submit Petition to: City of Beaumont Engineering Division PRINTED NAME & ADDRESS SIGNATURE PARCEL ID NUMBER Ester Bryant 3685Winged Foot Dr Beaumont Tx77707 Unit 10 ID 117645 �" gg C1 � � r I T F- _X ..A -S PUBLIC WORKS DEPARTMENT/ENGINEERING DIVISION PETITION FOR ACCEPTANCE OF PRIVATE STREETS AND INFRASTRUCTURE The undersigned owners of real property abutting or having sole legal access to the hereafter road in the City of Beaumont, Jefferson County, Texas, do hereby file this, their petition, with the City of Beaumont. A majority of support (two-thirds) by the property owners is required to initiate the acceptance of private streets and infrastructure by the City of Beaumont. A copy of Resolution No. 17-073 approved by City Council is attached providing the guidelines for acceptance of private streets and infrastructure for maintenance by the City of Beaumont as labeled Exhibit "A". Name of Subdivision: Wood Hollow Townhomes Section 1, Section 2 2700 N l6th Beaumont Tx 77703 HOA President Contact Information: Name: Alan Cramer Phone: 409-33 8-7058 E, mail: acramcrcx ri�aol.c�m Submit Petition to: City of Beaumont Engineering Division PRINTED NAME & ADDRESS SIGNATURE PARCEL ID NUMBER Marvin Blow Unit 11 3617 Capri Ln Flower Mound Tx 75028 - ID 117646 9 eAG , Marvin Blow Unit 51 3617 Capri Ln Flower Mound Tx 75028 ID 117686 Marvin Blow _ Unit 53 3617 Capri Ln Flower Mound Tx 75028 ID 117688 E A, U T- E- X A S PUBLIC WORKS DEPARTMENT/ENGINEERING DIVISION PETITION FOR ACCEPTANCE OF PRIVATE STREETS AND INFRASTRUCTURE The undersigned owners of real property abutting or having sole legal access to the hereafter road in the City of Beaumont, Jefferson County, Texas, do hereby Ole this, their petition, with the City of Beaumont. A majority of support (two-thirds) by the property owners is required to initiate the acceptance of private streets and infrastructure by the City of Beaumont. A copy of Resolution No. 17-073 approved by City Council is attached providing the guidelines for acceptance of private streets and infrastructure for maintenance by the City of Beaumont as labeled Exhibit "A". Name of Subdivision: Wood Hollow Townhomes Section ],Section 2 2700 N 16th Beaumont Tx 77703 HOA President Contact Infoiination: Name: Alan Cramer Phone: 409-338-7058 Email: acramerrxCkol.com Submit Petition to: City of Beaumont Engineering Division PRINTED NAME & ADDRESS SIGNATURE PARCEL ID NUMBER Alan Cramer Unit 12 2920 Fannin Beaumont Tx77701 ID 117647 Alan Cramer Unit 13 2920 Fannin BeaumontTx77701 ID 117648 Alan Cramer Unit 14 2920 Fannin Beaumont Tx77701 ID 117649 Alan Cramer Unit 15 2920 Fannin Beaumont Tx77701 ID 117650 r - T • E -�X • A 8 PUBLIC WORKS DEPARTMENT/ENGINEERING DIVISION PETITION FOR ACCEPTANCE OF PRIVATE STREETS AND INFRASTRUCTURE The undersigned owners of real property abutting or having sole legal access to tine hereafter road in the City of Beaumont, Jefferson County, Texas, do hereby file tlus, their petition, with the City of Beaumont. A majority of support (two-thirds) by the property owners is required to initiate the acceptance of private streets and infrastructure by the City of Beaumont. A copy of Resolution No. 17-073 approved by City Council is attached providing the guidelines for acceptance of private streets and infrastructure for maintenance by the City of Beaumont as labeled Exhibit "A". Name of Subdivision: Wood Hollow Townhomes Section], Section 2 2700 N l6th Beaumont Tx 77703 - -HOA President Contact Information: - - Name: Alan Cramer Phone: 409-338-7058 Email: acramerxx(t?aol.com Submit Petition to: City of Beaumont Engineering Division PRINTED NAME & ADDRESS SIGNATURE PARCEL ID NUMBER Joseph Miller 60 Champions Ln ` San Antonio Tx 78257 l Zr Unit 16 ID 117651 Joseph Miller 60 Champions Ln San Antonio Tx 78257 / Unit 17 ID 117652 T 'i BEAUWIGN T • E X 1� 13 PUBLIC WORKS DEPARTMENT/ENGINEERING DIVISION PETITION FOR ACCEPTANCE OF PRIVATE STREETS AND INFRASTRUCTURE The undersigned owners of real property abutting or having sole legal access to the hereafter road in the City of Beaumont, Jefferson County, Texas, do hereby file this, their petition, with the City of Beaumont. A majority of support (two-thirds) by the property owners is required to initiate the acceptance of private streets and infrastructure by the City of Beaumont. A copy of Resolution No. 17-073 approved by City Council is attached providing the guidelines for acceptance of private streets and infrastructure for maintenance by the City of Beaumont as labeled Exhibit "A" Name of Subdivision: Wood Hollow Townhomes Section 1, Section 2 2700 N 16th Beaumont Tx 77703 HOA President Contact Information: Phone: 409-338-7058 Email: gcramerxx fa agl.com Submit Petition to: City of Beaumont Engineering Division PRINTED NAME & ADDRESS SIGNATURE PARCEL. ID NUMBER Aric &Dimitrise Haynes Unit 20 7765 Winchase Beaumont Tx77713 ID117655 Aric &Dimitrise Haynes 7765 Winchase Unit 21 Beaumont Tx77713 �y ID 117656 Aric &Dimitrise Haynes 7765 Winchase Unit 40 BeaumontT-x77713 - ID 117675 G Aric &Dimitrise Haynes Unit 41 7765 Winchase f Beaumont Tx77713 ` ID 117676 T X A • S PUBLIC WORKS DEPARTMENT/ENGINEERING DIVISION PETITION FOR ACCEPTANCE OF PRIVATE STREETS AND INFRASTRUCTURE The undersigned owners of real property abutting or having sole legal access to ilia hereafter road in the City of Beaumont, Jefferson County, Texas, do hereby file this, their petition, with the City of Beaumont. A majority of support (two-thirds) by the property owners is required to initiate the acceptance of private streets and infrastructure by the City of Beaumont. A copy of Resolution No. 17-073 approved by City Council is attached providing the guidelines for acceptance of private streets and infrastructure for maintenance by the City of Beaumont as labeled Exhibit "A" Name of Subdivision: Wood Hollow Townhomes Section 1, Section 2 2700 N 16th Beaumont Tx 77703 HO A President Contact Infonnation: Niiiii-e Alan Cramer' Phone: 409-33 8-7058 Em�ih ace an�rr� r�raul rum Submit Petition to: City of Beaumont Engineering Division PRINTED NAME & ADDRESS SIGNATURE PARCEL ID NUMBER Emma Adams,�%i 2700 N 16th St #22 Beaumont Tx77703 --� Unit 22 ID 117657 Alan Cramer Unit 23 2920 Fannin Beaumont Tx 77701 � ID 117658 Alan Cramer Unit 28 2920 Fannin Beaumont Tx 77701 /� ID 117663 Alan Cramer Unit39 2920 Fannin BeaumontTx77701 a& CA� ID 117674 Alan Cramer Unit 42 2920 Fannin 8eaumontTx77701 ID 117677 Alan Cramer Unit43 2920 Fannin Beaumont 7x77701 IQ 117678 Alan Cramer Unit 50 2920 Fannin Beaumont Tx 77701 � � IQ 117685 Alan Cramer Unit54 2920 Fannin Beaumont Tx 77701 / f� ID 117689 Alan Cramer Unit 55 2920 Fannin Beaumont Tx 77701 ID 117690 r PUBLIC WORKS DEPARTMENT/ENGINEERING DIVISION PETITION FOR ACCEPTANCE OF PRIVATE STREETS AND INFRASTRUCTURE The undersigned owners of real property abutting or having sole legal access to the hereafter road in the City of Beaumont, Jefferson County, Texas, do hereby file this, their petition, with the City of Beaumont. A majority of support (two-thirds) by the property owners is required to initiate the acceptance of private streets and infrastructure by the City of Beaumont. A copy of Resolution No. 17-073 approved by City Council is attached providing the guidelines for acceptance of private streets and infrastructure for maintenance by the City of Beaumont as labeled Exhibit "A Name of Subdivision: Wood Hollow Townhomes Section 1, Section 2 2700 N 16th Beaumont Tx 77703 HOA President Contact Information: Name: Alan Cramer Phone: 409-338-7058 Email: acramerxxn.a Coin Submit Petition to: City of Beaumont Engineering Division PRINTED NAME & ADDRESS SIGNATURE PARCEL ID NUMBER Cavett Farm Partnership PO Box 2032 Beaumont Tx77704 02 �"1't Unit 24 ID 117659 REA11 11 G FIx PUBLIC WORKS DEPARTMENVENGINEERING DIVISION PETITION FOR ACCEPTANCE OF PRIVATE STREETS AND INFRASTRUCTURE The undersigned owners of real property abutting or having sole legal access to the hereafter road in the City of Beaumont, Jefferson County, Texas, do hereby file this, their petition, with the City of Beaumont. A majority of support (two-thirds) by the property owners is required to initiate the acceptance of private streets and infrastructure by the City of Beaumont. A copy of Resolution No. 17-073 approved by City Council is attached providing the guidelines for acceptance of private streets and infrastructure for maintenance by the City of Beaumont as labeled Exhibit "A". Name of Subdivision: Wood Hollow Townhomes Section 1, Section 2 2700 N 16th Beaumont Tx 77703 HOA President Contact Infonnation: Name: Alan Cramer Phone: 409-338-7058 Email: acramerxx a aol.cam Submit Petition to: City of Beaumont Engineering Division PRINTED NAME & ADDRESS SIGNATURE PARCEL ID NUMBER Gayle & Associates 1202 Laurentide Houston Tx 777029 Unit 25 ID 1176t50 T- r- x- A s PUBLIC WORKS DE PART MENTIENGINEERING DIVISION PETITION FOR ACCEPTANCE OF PRIVATE STREETS AND INFRASTRUCTURE The undersigned owners of real property abutting; or having sole legal access to the hereafter road in the City of Beaumont, Jefferson County, Teas, do hereby file this, their petition, with the City of Beaumont. A majority of support (two-thirds) by the property owners is required to initiate the acceptance or private streets and infrastructure by the City of Beaumont. A copy of Resolution No. 17-073 approved by City Council is attached providing; the guidelines for acceptance of private streets and infrastructure for maintenance by the City of Beaumont as labeled Exhibit "A" Name of Subdivision: Wood Hollow Town}tomes Section I, Section 2 2700 N l6th Beaumont Tx 77703 140A President Contact Information: N.ante: Alan Cramer -tlidnc: 409-33-9-7952— - Gmail; :ucr;un�r�� it a++g c„uu Submit Petition to: City of Beaumont Engineering Division PRINTED NAME & ADDRESS SIGNATURE PARCEL ID NUMBER Grant Swope 14205 Sawtooth Forest Trail Conroe Tx 77384 ��� Unit 26 ID 117661 E A, 11­11 C T ); x • A s PUBLIC WORKS DEPARTMENT/ENGINEERING DIVISION PETITION FOR ACCEPTANCE OF PRIVATE STREETS AND INFRASTRUCTURE The undersigned owners of real property abutting or having sole legal access to the hereafter road in the City of Beaumont, Jefferson County, Texas, do hereby file this, their petition, with the City of Beaumont. A majority of support (two-thirds) by the property owners is required to initiate the acceptance of private streets and infrastructure by the City of Beaumont. A copy of Resolution No. 17-073 approved by City Council is attached providing the guidelines for acceptance of private streets and infrastructure for maintenance by the City of Beaumont as labeled Exhibit "A". Name of Subdivision: Wood Nollow Townhomes Section 1, Section 2 2700 N 16th Beaumont Tx 77703 HOA President Contact Information: ^� Name: Alan Cramer Phone: 409-338-7058 Email: acrarnemc(i ad—ccnm Submit Petition to: City of Beaumont Engineering Division PRINTED NAME & ADDRESS SIGNATURE PARCEL ID NUMBER Beyraw /Bayview Inv. 14307 Shadow Garden Ln Houston Tx 77077 �� � �r f dtuncw Unit 27 ID 117662 I Y PUBLIC WORKS DEPARTMENT/ENGINEERING DIVISION PETITION FOR ACCEPTANCE OF PRIVATE STREETS AND INFRASTRUCTURE The undersigned owners of real property abutting or having sole legal access to the hereafter road in the City of Beaumont, Jefferson County, Texas, do hereby file this, their petition, with the City of Beaumont. A majority of support (two-thirds) by the property owners is required to initiate the acceptance of private streets and infrastructure by the City of Beaumont. A copy of Resolution No. 17-073 approved by City Council is attached providing the guidelines for acceptance of private streets and infrastructure for maintenance by the City of Beaumont as labeled Exhibit "A". Name of Subdivision: Wood hollow Townhomes Section 1, Section 2 2700 N 16th Beaumont Tx 77703 --- :HOA President Contact Information: Name: Alan Cramer Phone: 409-338-7058 Email: acramerxx a aol.com Submit Petition to: City of Beaumont Engineering Division PRINTED NAME & ADDRESS SIGNATURE 19 PARCEL ID NUMBER Alvin & Nicole Prause 6895 Shanahan Beaumont Tx 77706 1 A ,, _/ �f�"'�� _ Unit 30 ID 117665 H IE A, U M U1 N TI T- E- X- A S PUBLIC WORKS DEPARTMENT/ENGINEERING DIVISION PETITION FOR ACCEPTANCE OF PRIVATE STREETS AND INFRASTRUCTURE The undersigned owners of real property abutting or having sole legal access to the hereafter road in the City of Beaumont, Jefferson County, Texas, do hereby file this, their petition, with the City of Beaumont. A majority of support (two-thirds) by the property owners is required to initiate the acceptance of private streets and infrastructure by the City of Beaumont. A copy of Resolution No. 17-073 approved by City Council is attached providing the guidelines for acceptance of private streets and infrastructure for maintenance by the City of Beaumont as labeled Exhibit "A". Name of Subdivision: Wood Hollow Townhomes Section 1, Section 2 2700 N 161" St Beaumont Tx HOA President Contact Inforniation: Name: Alan Cramer Phone: 409-338-7058 Email: acramerxxCkaol.com Submit Petition to: City of Beaumont Engineering Division PRINTED NAME & ADDRESS SIGNATURE PARCEL ID NUMBER must be legible Jose Loza �- Unit 31 - ID 117666 2700 N 16th St # 31 �!r Beaumont Tx 77703 H E A, U T F: X • A t3 PUBLIC WORKS DEPARTMENT/ENGINEERING DIVISION PETITION FOR ACCEPTANCE OF PRIVATE STREETS AND INFRASTRUCTURE The undersigned owners of real property abutting or having sole legal access to the hereafter road in the City of Beaumont, Jefferson County, Texas, do hereby file this, their petition, with the City of Beaumont. A majority of support (two-thirds) by the property owners is required to initiate the acceptance of private streets and infrastructure by the City of Beaumont. A copy of Resolution No. 17-073 approved by City Council is attached providing the guidelines for acceptance of private streets and infrastructure for maintenance by the City of Beaumont as labeled Exhibit "A" Name of Subdivision: Wood Hollow Townhomes Section ],Section 2 2700 N 16th Beaumont Tx 77703 HOA President Contact lnfonnation: Nime: Alan Cramer Phone: 409-338-7058 Email: ilcramerxX a aoLcom Submit Petition to: City of Beaumont El ngineeriug Division PRINTED NAME & ADDRESS SIGNATURE PARCEL ID NUMBER Diversified T & C 1026 Pineneedles Lake Tx 77659 ,i al/2Sour �� t. �t ry � w N < <Cc"s•. l f � Unit 32 ID 117667 Em 1{ ��tA, U11�N PUBLIC WORKS DEPARTMENT/ENGINEERING DIVISION PETITION FOR ACCEPTANCE OF PRIVATE STREETS AND INFRASTRUCTURE The undersigned owners of real property abutting or having sole legal access to the hereafter road in the City of Beaumont, Jefferson County, Texas, do hereby file this, their petition, with the City of Beaumont. A majority of support (two-thirds) by the property owners is required to initiate the acceptance of private streets and infrastructure by the City of Beaumont. A copy of Resolution No. 17-073 approved by City Council is attached providing. the guidelines for acceptance of private streets and infrastructure for maintenance by the City of Beaumont as labeled Exhibit "A" Name of Subdivision: Wood Hollow Townhomes Section 1, Section 2 2700 N 16th Beaumont Tx 77703 HOA President Contact information: Name: Alan Cramer Phonc:4(19-338-705$ Email: icramcrxx(@aol.com Submit Petition to: City of Beaumont Engineering Division PRINTED NAME & ADDRESS SIGNATURE PARCEL ID NUMBER Joann Wilson 2000 Calcote Rd Kerrville Tx 78028 a /� �Z�Li `(// Dl�?/ Unit 38 ID 117673 T- E• X• A S PUBLIC WORKS DEPARTMLNT/ENGINBERING DIVISION PETITION FOR ACCEPTANCE OF PRIVATE STREETS AND INFRASTRUCTURE The undersigned owners of real property abutting or having sole legal access to the hereafter road in the City of Beaumont, Jefferson County, Texas, do hereby file this, their petition, with the City of Beaumont. A majority of support (two-thirds) by the property owners is required to initiate the acceptance of private streets and infrastructure by the City of Beaumont. A copy of Resolution No. 17-073 approved by City Council is attached providing the guidelines for acceptance of private streets and infrastructure for maintenance by the City of Beaumont as labeled Exhibit "A". Name of Subdivision: Wood Hollow Townhomes Section 1, Section 2 2700 N 16th Beaumont Tx 77703 HOA President Contact Information: Name: Alan Cramer Phone: 409-33 8-7058 Email: acramcrxxfi�i�tol.com Submit Petition to: City of Beaumont Engineering Division PRINTED NAME & ADDRESS SIGNATURE PARCEL ID NUMBER Mannie Williams 2700 N 16th St #47 Beaumont Tk 77703 ��� -? �j�l% Unit47 ID 117683 '.ii: 88F•Jf•JL QABT R.o. W- a_IN6 OF EAF••Y E% F4 E6 wAY - , Iniu: lam I I� UT it-\TY EAE.EM eN7 �---•• i EouTtiW 64T CORNER OP Lo7 L //{�-' �/� � 6. 00• 94 4fc• N _S%s'I.SR• -- 1• L,'fY 6-AB £zM61�1'}'✓ 1rt E' UTI I T. 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P-AC V- { P, t.. 25RS CALp6N- 1-]GAV MonI'I .l k-X A". 7'}TO �• - " DATE: May 17, 2021 TO: Planning Commission and City Council FROM: Chris Boone, Director of Planning and Community Development SUBJECT: To consider a request for a Specific Use Permit to allow a bar/poker room in an GC -MD (General Commercial -- Multiple -Family Dwelling) District. FILE: PZ2020-136 STAFF REPORT Larry Bibbs is requesting permission to allow a bar/poker room at 7211 Eastex Freeway. A poker room could be approved by right in the current zoning, but a bar requires a Specific Use Permit. Admission to the poker room will be by membership only. Time slots will be purchased by members for the desired play time. Plans are to open with a beer and wine license then progress to a full bar. Food will not be prepared onsite. The existing shopping center has adequate parking to accommodate the requested use. The requested location is in the existing Market Basket shopping center located at the intersection of Eastex Freeway and Highway 105. The proposed use would be compatible with surrounding uses such as a liquor store and a smoke shop. Staff recommends approval of the request. Please note that final occupancy approval is subject to review and acceptance of submitted plans and field inspections to verify compliance with applicable codes. Exhibits are attached. PUBLIC NOTIFICATION Notices mailed to property owners 18 Responses in Favor Responses in Opposition LEGAL DESCRIPTION FOR ORDINANCE PURPOSES Being Tract B, Blocks 2, 3 & 4, W.E. Johnson Addition, Beaumont, Jefferson County, Texas, containing 2.66 acres, more or less. ANALYSIS CONDITIONS FOR APPROVAL OF SPECIFIC USE PERMIT (SECTION 28-26.E, ZONING ORDINANCE) Application Application is in is not in Comments compliance compliance Attached Conditions: 1. That the specific use will be compatible with and not injurious to the use and enjoyment of other property, or significantly diminish or impair property values within the immediate vicinity; X 2. That the establishment of the specific use will not impede the normal and orderly development and improvement of surrounding vacant property; X 3. That adequate utilities, access roads, drainage and other necessary supporting facilities have been or will be provided; X 4. The design, location and arrangement of all driveways and parking spaces provides for the safe and convenient movement of vehicular and pedestrian traffic without adversely affecting the general public or adjacent developments; X 5. That adequate nuisance prevention measures have been or will be taken to prevent or control offensive odor, fumes, dust, noise and vibration; X 6. That directional lighting will be provided so as not to disturb or adversely affect neighboring properties; X 7. That there are sufficient landscaping and screening to insure harmony and compatibility with adjacent property; and, X 8. That the proposed use is in accordance with the Comprehensive Plan. X GENERAL INFORMATION/PUBLIC UTILITIES APPLICANT: Larry Bibbs PROPERTY OWNER: Caswell Center L.L.C. LOCATION: 7211 Eastex Freeway EXISTING ZONING: GC -MD (General Commercial — Multiple - Family Dwelling) PROPERTY SIZE: —2.66 acres EXISTING LAND USES: Commercial FLOOD HAZARD ZONE: X — Area determined to be outside the 500 year flood plain. SURROUNDING LAND USES: SURROUNDING ZONING: NORTH: Commercial GC -MD (General Commercial — Multiple - Family Dwelling) EAST: Commercial GC -MD SOUTH: Commercial GC -MD WEST: Commercial GC -MD COMPREHENSIVE PLAN: Stable area - STREETS: Eastex Freeway —Freeway with 30' wide right-of-way and 30' pavement width for the south bound lanes. DRAINAGE: Open ditch WATER: 6" Water line SANITARY SEWER SERVICE: S" Sanitary sewer line PROPERTY OWNERS NOTIFIED WITHIN 200' 105 RENTALS LLC 806 SOUTHMORE LLC BANKSTON KELLEY MARIE BIG DIAMOND INC CASWELL CENTER LLC CB & J ENTERPRISE LLC COLE FD PORTFOLIO III LLC DALEO CAR WASH LLC DUPONT BEAUMONT EMPLOYEES INTERNATIONAL UNION OF OPERATING ENGINEERS LOCAL 450 JIM SHARON & BRIAN DEBES LLC MAGNA PROPERTIES MONTERREY RENTALS LLC RETAIL INVESTORS OF TEXAS LTD SOUTHWESTERN BELL TANG CHIN WH CAPITAL LLC BEAUMONT Planning & Community Development Case Type:Planning and Zoning Case Status: REVIEW Case Sub Type: Specific Use Permit Tag Name: Poker Room Case M PZ2021-136 Initiated On: 4/21/2021 4:14:27PM Location: 7211 EASTEX FWY, BEAUMONT, TX, 77708 Individuals listed on the record: Applicant Larry Bibbs Home Phone: 4094662395 8235 Webb Ln Work Phone: Beaumont, Tx 77706 Cell Phone: 4094662395 E-Mail: Houseofcardspc@yahoo.com Agent Dwayne Morris Home Phone: Work Phone: Cell Phone: 7138178422 E-Mail: Case Type: Planning and Zoning Page 1 of 2 Case #: PZ2021-136 Printed On: 4/26/2021 Hello Planning &Zoning Committee My name is Larry Bibbs and for the past several months my partner and I have been going through the process of trying to open the 3rd legal poker room in Beaumont. We have finally agreed to terms with a property owner and hopefully we can fall within compliance of all city guidelines and open up soon. Our business will be equipped with 8 to 10 poker tables, a cage area from membership and cash transactions, 12 to 15 televisions, break room for employees, restrooms and a bar with a lounge area. After construction the preliminary plans for business operations are planned to go as follows: A new member will come to join the club and betaken to the cage area. The cage area is where we will print out the new member their membership card. This card will track all their personal information as well as the amount of playing time they have purchased. The new member will choose from our membership options or they can choose to pay a daily fee to enter the club and play. They will choose the game they wish to play and be led to that particular table as we will have multiple games running simultaneously. Then a staff member will let the member know what time promotions we have and the member will make a decision on how much playing time they'd like to purchase. The staff member will then retrieve the players desired amount of playing chips and the new member will begin their session. Along with playing versus other players our members will have the opportunity to participate in special promotions that increases their chances of winning. We will not have any food prepared on site, but we will have refreshments and snacks available for purchase. We will cater food from time to time as a form of customer appreciation if we are allowed to do so by the city. We will also obtain a license to serve liquor. More than likely we will start out with a beer and wine license and upgrade to an all liquor license after a few months. We will have staff members who are true professional dealers from casinos in Louisiana, Las Vegas, Florida and Mississippi. The rest of our staff will be completed with local citizens who qualify to work with us. Licensed bartenders, cleaning staff, servers, and licensed armed security. We will be open from 10am until our last game concludes. We feel that with the amount of resources that we have invested and the demand for a higher end poker room, Beaumont is the perfect place for such an establishment. With Houston being the new poker capital of the country we will be able to keep several of our local players here instead of traveling for games as well as intercept some of the players they travel daily from Louisiana to play in Houston. Respectfully yours, Larry Bibbs & The House of Cards Poker Family BEAUMONT Planning & Community Development Legal Description Tract B, Blocks 2, 3 & 4, W. E. Johnson Addition Number of Acres 2.66 Proposed Use Legal Poker Room That the specific use will be The specific use of the poker room will not cause any injuries to compatible with and not injurious to existing businesses, nor will it diminish their values. It will also be in the use and enjoyment of other compliance with all city and property owners guidelines. property, nor significantly diminish or impair property values within the immediate vicinity That the establishment of the specific Once open the poker Room will not disrupt any of the daily use will not impede the normal and operations of any of the surrounding businesses, and that includes orderly development and improvement potential businesses for vacant properties. of surrounding vacant property; That adequate utilities, access roads, The utilities, access roads, drainage etc. will continue with the drainage and other necessary existing arrangement and that it has with the city and other supporting facilities have been or will companies that provide those services. be provided The design, location and arrangement The existing parking arrangement is more than adequate for the traffic of all driveways and parking spaces we are expecting, and is a safe set up for pedestrian traffic as well. provides for the safe and convenient movement of vehicular and pedestrian traffic That adequate nuisance prevention All the proper measures will be taken to ensure that there are no measures have been or will be taken disturbances to surrounding businesses. This has been taken into to prevent or control offensive odor, consideration for the remodeling prior to opening and once fully open. fumes, dust, noise and vibration That directional lighting will be The existing light set up that has been there for years is more than provided so as not to disturb or adequate for our business and has yet to be an issue to surrounding adversely affect neighboring properties. We will not be adding outside lighting therefore we won't properties be creating an additional problem. That there are sufficient landscaping There is very little to be landscaped on the property, but the property and screening to insure harmony and owners have a company that takes care of that. compatibility with adjacent property That the proposed use is in The proposed use of the property goes hand in hand with the accordance with the Comprehensive comprehensive plan for the property. Plan Notes: Case Type: Planning and Zoning Page 2 of 2 Case#: PZ2021-136 Printed On: 4/26/2021 ox5�°srpo m `" �Gz161Y9 � � �) DA D T O S N m v ¢ m m GI m m r z ni m x n y �pq~A W n 0 fl o m by in (A T 0) f �1J JJJJJJJJJ �!/) N NNNh�NNN(aNN wWNNNN'-+�-+�pp � I NOv� Uh N IhO�NOr+ p vjSSSOOJ0�0 a (n (A W u) 0 +rf i n V.. 11fll11X:1 a 4 fa 43940NU "OU4 Z2021-136: Request for a Specific Use Permit to allow a bar/poker room in a GC -MD (General Commercial — Multiple -Family Dwelling) District. �pplicant: Larry Bibbs ocation: 7211 Eastex Freeway 0 100 zoo I i I J Feet R-s (Legend of tom' y / j.� / �. , ✓ GC -MD +, GC -MD RM'H K - _ � G ROSED'A'LE DR i r JK