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HomeMy WebLinkAbout7-19-21 PC Minutes * M I N U T E S * JOINT PUBLIC HEARINGS PLANNING COMMISSION CITY COUNCIL City Council Chambers July 19, 2021 A Joint Public Hearing of the Planning Commission and City Council was held on July 19, 2021 and called to order at 3:01 p.m. with the following members present: Commission Members present: Chairman Sina Nejad Commissioner Johnny Beatty Commissioner Shawn Javed Commissioner Lynda Kay Makin Commissioner Tom Noyola Commissioner Taher Quraishi Commissioner Eddie Senigaur Commissioner Roy Steinhagen Commission Members absent: Commissioner Bill Little Alternate Commissioner Marty Craig Alternate Commissioner Erika Harris Alternate Commissioner Lauren Williams Mason Councilmembers present: Mayor Pro Tem Audwin Samuel Councilmember A.J. Turner Councilmember Mike Getz Councilmember Chris Durio Also present: Adina Josey, Senior Planner Tyrone Cooper, City Attorney Elayna Luckey, Zoning Technician Catherine Allen, Recording Secretary 1 Planning Commission July 19, 2021 APPROVAL OF MINUTES Commissioner Senigaur moved to approve the minutes of the Joint Public Hearings held on June 21, 2021. Commissioner Makin seconded the motion. The motion to approve the minutes carried 8:0. REGULAR MEETING 1) PZ2021-160: Request for a Replat of Lot 39C into Lots 39C-1, 39C-2 and 39C-3 French Heights Addition, Beaumont, Jefferson County, Texas. Applicant: Robert Blaine Josey Location: 4970 - 5020 Haden Road Mrs. Josey presented the staff report. Blaine Josey has requested approval of a Replat of Lot 39C into Lots 39C-1, 39C-2 and 39C-3 French Heights Addition, Beaumont, Jefferson County, Texas. The purpose of the plat is to divide to property into three (3) pieces: a car wash, a house and a vacant lot. Although the existing fence dividing the house from the carwash would be the choice location for a dividing line between the two (2), there is an existing canopy over the vacuums that practically touches that line, which would create a setback issue for the canopy. In order to keep the canopy where it is, the line was moved five (5) feet into the driveway of the house. An easement will be dedicated granting the residents of the house access to the entire driveway. Slides of the proposed replat were shown. Eighteen (18) notices were mailed to property owners within two hundred (200) feet of the subject property. One response was received in favor and zero were received in opposition. Staff recommended approval of the request. The applicant was present. Robert Blaine Josey, 6870 Broadleaf Drive, addressed the Commission. He stated that this was a project he had worked on with his friend who had since passed away. Mr. Josey stated that since the canopy was so close to the fence line, it was easier to move the property line with an offset of five (5) feet, place it to not encroach on the setback line and dedicate an easement. Chairman Nejad asked about the plans for the property and Mr. Josey replied that the property owner was present and could speak to that. Omid Sehat, 7806 Devlin Drive, Humble, TX, addressed the Commission. Chairman Nejad asked Mr. Sehat what the plans were for the land. Mr. Sehat replied that they would like to parcel out and sell the home and the vacant lot, but retain the car wash business. The public hearing on this item was opened and closed without further comment. 2 Planning Commission July 19, 2021 Commissioner Quraishi moved to approve the request for a Replat of Lot 39C into Lots 39C-1, 39C-2 and 39C-3 French Heights Addition, Beaumont, Jefferson County, Texas, as requested in file PZ2021-160. Commissioner Makin seconded the motion. The motion to approve carried 8:0. 2) PZ2021-180: Request to abandon a portion of City right-of-way. Applicant: Jared Bishop Location: Just south of 1315 South Street Mrs. Josey presented the staff report. Jared Bishop is requesting the abandonment of a portion of City right-of-way located just south of 1315 South Street. In 2019, an abandonment was granted for an approximately twenty-eight (28) square foot portion of land where the corner of the existing building at 1315 South Street was encroaching into the City right-of-way. Mr. Bishop is asking to abandon the remaining two-thousand (2,000) plus square feet of the undeveloped right- of-way. Slides of the subject property, survey and proposed abandonment plan were shown. Staff recommended approval of the request with the following condition: 1. 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. Chairman Nejad asked about the City owning the property and its use. Mrs. Josey replied that it is City owned property, but she is unsure of its previous use. She added that the applicant is the only adjacent property owner. Commissioner Quraishi asked the size of the property to be abandoned and Mrs. Josey replied that it was over 2,000 square feet or 0.057 acres. The applicant was not present. Commissioner Makin moved to approve the request  to abandon a portion of City right-of-way, as requested in file PZ2021-180 with the following condition: 1. 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. Commissioner Quraishi seconded the motion. The motion to approve carried 8:0. 3) PZ2021-194: Request for a Replat of Lots 3 & 4 into Lots 3A & 4A, Block 1, Amelia Meadows Addition, Beaumont, Jefferson County, Texas. Applicant: Thomas S. Rowe of Mark W. Whiteley & Associates, Inc. Location: 8035 & 8045 Pevitot Road 3 Planning Commission July 19, 2021 Mrs. Josey presented the staff report. Thomas S. Rowe of Mark Whiteley & Associates, has requested approval of a Replat of Lots 3 & 4 into Lots 3A & 4A, Block 1, Amelia Meadows Addition, Beaumont, Jefferson County, Texas. The purpose of the plat is to transfer ownership of an approximately nine (9) foot strip between the properties. All utilities appear to be in place and both lots meet all requirements for platting. Slides of the proposed replat 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 opposition. Staff recommended approval of the request. The applicant was present. Tom Rowe, representing Mark Whitely & Associates, 3250 Eastex Freeway, addressed the Commission. He stated that Eric Broussard owns both lots and wants to sell one of them so a replat is needed. The public hearing on this item was opened and closed without comment. Commissioner Quraishi moved to approve the request  for a Replat of Lots 3 & 4 into Lots 3A & 4A, Block 1, Amelia Meadows Addition, Beaumont, Jefferson County, Texas, as requested in file PZ2021-194. Commissioner Noyola seconded the motion. The motion to approve carried 8:0. 4) PZ2021-197: Request for Plat approval of The Crossing at Pine Island, Phase 1, Jefferson County, Texas. Applicant: Jeremy Mitchell of Soutex Surveyors and Engineers Location: South of Hwy 90 and east of S. Pine Island Road Mrs. Josey presented the staff report. Jeremy Mitchell of Soutex Surveyors and Engineers, has requested Plat approval of The Crossing at Pine Island, Phase 1. This plat will consist of eight (8) lots out of 6.066 acres, situated on an existing county street. The property is located in the City’s ETJ (Extra Territorial Jurisdiction). Water will be supplied by Meeker Water District and each property will have on-site septic systems. The county has asked for two changes to the plat regarding drainage and the electrical easement. Slides of the proposed plat were shown. Staff recommended approval of the request with the following conditions: 1. Add note: “Post development storm water flow of this subdivision to be routed to the east”. 2. Change 10’ Utility Easement to 15’ Utility Easement per Entergy for overhead electrical. Mrs. Josey added that the applicant has already submitted a revised plat with the changes requested in the conditions. 4 Planning Commission July 19, 2021 The applicant was present. Jeremy Mitchell, representing Soutex Surveyors and Engineers, 3737 Doctors Drive, Port Arthur, TX addressed the Commission. Chairman Nejad asked Mr. Mitchell to confirm his understanding of the conditions and that they have already been made. Mr. Mitchell confirmed this to be the case. Commissioner Quraishi moved to approve the request  for Plat approval of The Crossing at Pine Island, Phase 1, Jefferson County, Texas, as requested in file PZ2021-197 with the following conditions: 1. Add note: “Post development storm water flow of this subdivision to be routed to the east”. 2. Change 10’ Utility Easement to 15’ Utility Easement per Entergy for overhead electrical. Commissioner Steinhagen seconded the motion. The motion to approve carried 8:0. 5) PZ2021-200: Request for Plat approval of Luca Estates, Beaumont, Jefferson County, Texas. Applicant: Aaron Ward of Faust Engineering and Surveying, Inc. Location: South of Hwy 90 and east of S. Pine Island Road Mrs. Josey presented the staff report. Aaron Ward of Faust Engineering and Surveying, Inc., has requested approval of Luca Estates. This plat will consist of nine (9) lots situated on existing city streets. The development is zoned RS (Residential Single Family Dwelling) and involves 1.7 acres along Tram Road. Although it does appear that all utilities and infrastructure are in place, currently there are only two (2) fire hydrants spaced approximately 871’ apart at this location. In a non-developed area this would be permitted by code, but with this land being divided into residential lots, code requires a maximum distance of 500 feet between hydrants. One new fire hydrant between lots 4 & 5 will be required. Slides of the proposed plat were shown. Staff recommended approval with the following condition: 1. Install a new fire hydrant between lots 4 & 5. The applicant was present. Richard Faust, representing Faust Engineering and Surveying, Inc., 5550 Eastex Freeway Suite O, addressed the Commission. Chairman Nejad asked Mr. Faust if he understood the condition and Mr. Faust confirmed his understanding. Commissioner Quraishi moved to approve the request  for Plat approval of Luca Estates, Beaumont, Jefferson County, Texas, as requested in file PZ2021-200 with the following condition: 1. Install a new fire hydrant between lots 4 & 5. Commissioner Javed seconded the motion. The motion to approve carried 8:0. JOINT PUBLIC HEARINGS 5 Planning Commission July 19, 2021 Mayor Pro Tem Samuel called the Joint Public Hearings of July 19, 2021 to order at 3:22 p.m. and explained the purpose of the Joint Public Hearing process. Mayor Pro Tem Samuel then turned the meeting over to Chairman Nejad to conduct the Joint Public Hearings. 6) PZ2021-199: Request for a Specific Use Permit to allow for a beauty/spa salon in a GC-MD- 2 (General Commercial – Multiple-Family Dwelling – 2) District. Applicant: Hani Tohme Location: The 6500 block of Delaware Street Mrs. Josey presented the staff report. Hani Tohme is requesting a Specific Use Permit to allow a beauty salon/spa on the north side of Delaware just west of Valmont Drive. This space would be rented to hairstylists, nail technicians and massage therapists along with other related professionals. Sola Salon Studios is a chain with 550 locations. Each professional has their own suite to decorate and operate to their own standards and needs. Landscaping requirements for new developments include perimeter landscaping with screening for parking areas and islands throughout the parking area with required trees. 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 no responses were received in opposition. Staff recommended approval of the request with the following conditions: 1. Construct a 6’ wide landscaping strip for the perimeter of the parking lot to meet City requirements along Delaware Street. 2. Install three (3) landscaped islands to meet City requirements. 3. Constructions plans must meet all requirements by Water Utilities for water and sanitary sewer improvements, including any requirements of the City’s backflow, pre-treatment and/or F.O.G. program. The applicant, Hani Tohme with Golden Triangle Consulting Engineers, 85 I10 Frontage Road Suite 204A, addressed the Commission. He stated that this salon will be a unique concept to the area, as there is not another facility with similar accommodations for salon professionals. He stated that this company has been very successful in other areas of the country. Finally, he added that they are working with the property owner, Sam Parigi, to satisfy his requirements. Commissioner Makin asked if there were other Sola Salons in Texas and Dr. Tohme replied that he believed there were some in the Dallas and Austin areas. Commissioner Quraishi asked about the size of the property and Dr. Tohme stated that it is over an acre. Chairman Nejad asked the applicant if he understood the conditions and he confirmed his understanding. 6 Planning Commission July 19, 2021 The public hearing on this item was opened. th Sam Parigi, 445 N 14 Street, addressed the Commission. He stated that he is the property owner and is willing to answer any questions from the Commission. He added that this will be a nice facility and will add to the growing development on Delaware. Finally, he stated that this property will drain into the pond behind it. Chairman Nejad asked if this property was on the north side of Delaware and Mr. Parigi confirmed this to be correct. The public hearing on this item was closed without further comment. Commissioner Senigaur moved to approve the request for a Specific Use Permit to allow for a beauty/spa salon in a GC-MD-2 (General Commercial – Multiple-Family Dwelling – 2) District, as requested in file PZ2021-199 with the following conditions: 1. Construct a 6’ wide landscaping strip for the perimeter of the parking lot to meet City requirements along Delaware Street. 2. Install three (3) landscaped islands to meet City requirements. 3. Constructions plans must meet all requirements by Water Utilities for water and sanitary sewer improvements, including any requirements of the City’s backflow, pre-treatment and/or F.O.G. program. Commissioner Javed seconded the motion. The motion to approve carried 8:0. 7) PZ2021-201: Request for a Revised Specific Use Permit to allow condominiums in a GC- MD-2 (General Commercial – Multiple-Family Dwelling – 2) District. Applicant: Phuc Nhat Le Location: 4515 N. Major Drive Mrs. Josey presented the staff report. Phuc Nhat Le is requesting an Amended Specific Use Permit to allow condominiums at 4515 N. Major Drive. In September of 2020, Dr. 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 retail space has been eliminated and seventy (70) Condominium units are proposed. 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. Slides of the subject property, site plan and surrounding area were shown. Mrs. Josey noted that the comment from Beaumont Fire in the printed staff report should be removed, as it was a comment from a previous file. 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. 7 Planning Commission July 19, 2021 Staff recommended approval of the request. The applicant, Hani Tohme, with Golden Triangle Consulting Engineers 85 I10 Frontage Road Suite 204A, addressed the Commission. He stated that the last time he was before the Commission about this project he said that he would not be back about it, so he apologized for returning again with revisions. Dr. Tohme stated that Dr. Le was not able to come today as he was saving lives in the hospital. Finally, he stated that the request was the same as before other than the removal of retail space and expansion of townhomes. Commissioner Makin asked what had changed and Dr. Tohme stated that Dr. Le had originally planned on townhomes with storage and retail space, but has since found that there is an over availability of storage in the area and that there is more demand and profit potential in multi- family residential housing. Chairman Nejad asked about the parking spaces and Dr. Tohme pointed out on the site plan where they would be in the front and the back of the property. Chairman Nejad stated that the parking requirements would be assured during the permitting process. Commissioner Quraishi asked if the townhomes would be one or two story and Dr. Tohme stated that they would be two story. The public hearing on this item was opened. Laura Rennick, Community Manager at Major Crossing Apartments, 4575 N Major Drive, addressed the Commission. She stated that the apartment complex she represents is next door to the subject property and she wanted to clarify if the proposed condominiums would be for sale or for rent. The applicant replied that they would be for rent. Commissioner Quraishi moved to approve the request for a Revised Specific Use Permit to allow condominiums in a GC-MD-2 (General Commercial – Multiple-Family Dwelling – 2) District, as requested in file PZ2021-201. Commissioner Senigaur seconded the motion. The motion to approve carried 8:0. 8) PZ2021-202: Request for a Specific Use Permit to allow a drive-thru Daiquiri shack or bar in a GC-MD (General Commercial – Multiple-Family Dwelling) District. Applicant: Chrystal Carter Location: 5305 College Street Mrs. Josey presented the staff report. Chrystal Carter, has requested a specific use permit to allow a drive-thru daiquiri shack or bar at 5305 College Street. This is an operational snow cone stand that is adding alcohol to their menu. All sales will be drive-thru only and hours of operation will be Monday-Thursday noon-10 p.m., Friday & Saturday noon-midnight and Sunday 1 p.m.-10 p.m. Slides of the subject property, site plan and surrounding area were shown. 8 Planning Commission July 19, 2021 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 of the request. Commissioner Makin asked about previous drive-thru daiquiri establishments on College Street and Mrs. Josey replied that this was a different establishment. She added that previously drive- thru daiquiris were wine based, but due to the change in state law this establishment is seeking to use hard liquor. Commissioner Quraishi asked about the location of the drive-thru window and Mrs. Josey showed the location on the site plan. The applicant was present. Chrystal Carter, 6520 College Street, addressed the Commission. She discussed the parking and drive-thru locations. Chairman Nejad asked her to clarify how the business would work. Ms. Carter stated that the drinks come in sealed containers that state they are not to be opened while in the vehicle. Chairman Nejad asked about the amount of alcohol in the drinks and Ms. Carter stated that they contain one shot of liquor and would not be served to anyone appearing to be intoxicated. Commissioner Makin asked how long the snow cone stand had been operating and the applicant replied that they have been in business since March. She added that the addition of liquor will hopefully increase profitability to help sustain the business and keep people employed. Councilmember Turner asked if the business will have a full drink menu or just daiquiris and if the snow cones will still be sold. Ms. Carter replied that it will just be daiquiris not a full drink menu and that the snow cones will also continue to be sold. The public hearing was opened and closed on this item without comment. Commissioner Makin moved to approve the request for a Specific Use Permit to allow a drive- thru Daiquiri shack or bar in a GC-MD (General Commercial – Multiple-Family Dwelling) District, as requested in file PZ2021-202. Commissioner Steinhagen seconded the motion. The motion to approve carried 8:0. 9) PZ2021-208: Request for a Specific Use Permit to allow a sports bar in a GC-MD (General Commercial – Multiple-Family Dwelling) District. Applicant: William Griffin th Location: 2455 S. 11 Street Mrs. Josey presented the staff report. William Griffin is applying for a specific use permit to allow a sports bar in a GC-MD (General Commercial-Multiple-Family Dwelling) District. The th facility will be located in an existing strip center on 11 Street. The address of the property is th 2455 S. 11 Street. Hours of operation will be Wednesday-Monday 6 p.m.-2 a.m. and closed on Tuesday. Security will be provided at night. This location pre dates the landscaping ordinance, 9 Planning Commission July 19, 2021 so no privacy fence exists between the strip center and the residential properties to the east. An eight (8) foot tall privacy fence will need to be installed and maintained for the full width of the property. Slides of the subject property, site plan and surrounding area were shown. Twenty-seven (27) 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. Install and maintain an eight (8) foot tall wood or masonry privacy fence for the width of the property. 2. Construction plans must meet all requirements by Water Utilities for water and sanitary sewer services, including any requirements of the City’s pre-treatment and/or F.O.G. program. The applicant was present. William Griffin, 9195 Landis Drive, addressed the Commission. He stated that he has been in the bar business for years and that he had to close a bar last year due to the Covid-19 pandemic. He added that he is looking to open a new bar at this location. Finally, Mr. Griffith stated that the first bar he ever owned was actually in this same shopping center. Chairman Nejad asked about the number of employees to be employed and Mr. Griffin replied that he would employ six (6) to ten (10) people. Commissioner Noyola asked about the security that will be provided and if it will include certified armed peace officers. Mr. Griffith stated that he owns a security company that will provide security and that it will not be certified armed peace officers but just basic security. Commissioner Senigaur asked about the fence and Mr. Griffin replied that there will be an eight (8) foot wooden fence along the back. Discussion followed between the Commission, Council, and staff about the second condition. Mrs. Josey clarified that the condition does not necessarily require a grease trap be installed, but that any requirements of the Water Utilities department will be met, which could include a grease trap if needed. Commissioner Noyola asked about the drinks that will be offered and Mr. Griffith replied that it will be a full bar menu. The public hearing on this item was opened. Herman Davis, 790 Amarillo Street, addressed the Commission. He stated that he lives in the house behind the subject property and that he supports the request. The public hearing was closed on this item without further comment. 10 Planning Commission July 19, 2021 Commissioner Senigaur moved to approve the request for a Specific Use Permit to allow a sports bar in a GC-MD (General Commercial – Multiple-Family Dwelling) District, as requested in file PZ2021-208 with the following conditions: 1. Install and maintain an eight (8) foot tall wood or masonry privacy fence for the width of the property. 2. Construction plans must meet all requirements by Water Utilities for water and sanitary sewer services, including any requirements of the City’s pre-treatment and/or F.O.G. program. Commissioner Makin seconded the motion. The motion to approve carried 7:1 (Noyola.) OTHER BUSINESS None. THERE BEING NO OTHER BUSINESS, THE MEETING ADJOURNED AT 3:59 P.M. 11