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HomeMy WebLinkAbout4-19-21 PC Minutes * M I N U T E S * 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 Commission 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 Ames Mayor Pro-Tem Randy Feldschau Councilmember Audwin Samuel Councilmember Robin Mouton Also present: Chris Boone, Director of Planning and Community Development Adina Josey, Senior Planner Tyrone Cooper, City Attorney Kyle Hayes, City Manager Catherine Allen, Recording Secretary 1 Planning Commission 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 commission 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 injurious 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. 2 Planning Commission April 19, 2021 Per the Subdivision Ordinance Section 26.05.002(a)(1), should the Planning Commission 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 Commissioner 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 a Replat of Lot 1 into Lots 1A & 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 1A & 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 comment. Commissioner Steinhagen moved to approve the request for a Replat of Lot 1 into Lots 1A & 1B, 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. 5 Planning Commission 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 1A & 1B, 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 1A & 1B, 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. Tom 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 1A & 1B, 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 II, 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. 6 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 Commissioner Harris moved to approve the request for a  Preliminary Plat approval of Champions Subdivision, Phase II, 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: "When the planning commission 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 surface. The pavement radius shall be twenty -five (25) feet within a fifty -foot right-of-way (in 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 temporary 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. Commissioner 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. Town of Gilbert, Arizona and Reagan National Advertising v. City of Austin, 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 8 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 summarized 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 struggling 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 9 Planning Commission April 19, 2021 that any changes will not be ideal, but are attempts to comply with the court decisions. Chairman 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 Commissioner 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. 12 Planning Commission 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 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. Commissioner Beatty seconded the motion. The motion to approve carried 5:0. 13 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 & Sifuentes 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 Commissioner 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 Tohme, 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. Tohme 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 trying 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 15 Planning Commission April 19, 2021 permitting process. Dr. Tohme 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 Tohme, representing Golden Triangle Consulting and Engineering, 85 Interstate 10 Suite 204-A, addressed the Commission. Dr. Tohme 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 Commissioner 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 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. 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 recommended 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