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Home My WebLink AboutSeptember 2021 PC Packet*AGENDA* PLANNING COMMISSION September 20, 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/UCnY6nNk8zfXZuIMglzbwEBg *AGENDA ROLL CALL APPROVAL OF MINUTES Approval of the minutes of the Meetings held August 16, 2021. REGULAR MEETING 1) PZ2021-278: Request for Preliminary Plat approval of Doguet's Diamond D Ranch, Phase 3C, Jefferson County, Texas. Applicant: Donald King of Fittz & Shipman, Inc. Location: Crossing Diamond D Drive 2) PZ2021-279: Request for Preliminary Plat approval of Doguet's Diamond D Ranch, Phase 3D, Jefferson County, Texas. Applicant: Donald King of Fittz & Shipman, Inc. Location: Crossing Diamond D Drive at Brangus Trail Drive 3) PZ2021-280: Request for a Replat of a portion of Lot 10, Block 5, Fourth Street Acres, Beaumont, Jefferson County, Texas. Applicant: Blythe Hukill of Access Surveyors. L.L.C. Location: 2775 S. 61h Street JOINT PUBLIC HEARING 4) PZ2021-243: Request for the conveyance and dedication of private streets and infrastructure to the City of Beaumont. Applicant: Scott Hollemon and the heirs of the A.J. Fasulo Estate (Fig Acres Addition) Location: 2405 — 2499 Wescalder Road 5) PZ2021-289: Request for a Specific Use Permit to allow an ambulatory surgery center in a GC-MD-2 (General Commercial — Multiple -Family — 2) Zoning District. Applicant: Occu-Health Surgery Center Location: 6510 Folsom Drive 6) PZ2021-291: Request for a Specific Use Permit to allow allow medical offices and treatment and counseling facilities, an event hall/community room and community access to sports facilities, outdoor sport fields, concerts and events as well as a community swimming pool in an RM-H (Residential Multiple -Family Dwelling - Highest Density) District. Applicant: Sarah Street Wellness Group Location: 3455 Sarah Street 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. *MINU'I`ES* JOINT PUBLIC HEAIZINGS PLANNING COMMISSION CITY COUNCIL City Council Chambers August 16, 2021 A Joint Public Hearing of the Planning Commission and City Council was held on August 16, 2021 and called to order at 3:00 p.m. with the following members present: Commission Members present: Chairman Sina Nejad Commissioner Johmiy Beatty Commissioner Shawn Javed Commissioner Lynda Kay Makin Commissioner Tom Noyola Commissioner Eddie Senigaur Commissioner Roy Steinhagen Commission Members absent: Commissioner Bill Little Commissioner'Faher Quraishi Alternate Commissioner Marty Craig Alternate Commissioner Erika Harris Alternate Commissioner Lauren Williams Mason Councilmembers present: Mayor Robin Mouton Mayor Pro Tem Audwin Samuel Councilmember Randy Feldschau Councilmember A.J. Turner *arrived after roll call Councilmember Mike Getz Councilmember Taylor Neild Councilmember Chris Durio Also present: Chris Boone, Director of Planning and Community Development Adina Josey, Senior Planner Tyrone Cooper, City Attorney Catherine Allen, Recording Secretary Planning Coniniission August 16, 2021 APPROVAL Or MINUTES Commissioner Senigaur moved to approve the minutes of the Joint Public Hearings held on July 19, 2021. Commissioner Steinhagen seconded the motion. The motion to approve the minutes carried 7:0. REGULAR MEETING 1) PZ2021-198: Request for Preliminary Plat approval of The Crossing at Pine Island, Phase 2, Beaumont, Jefferson County, Texas. Applicant: Jeremy Mitchell of Soutex Surveyors and Engineers Location: South of Hwy 90 and cast of S. Pine Island Road Mr. Boone presented the staff report. Jeremy Mitchell of Soutex Surveyors and Engineers, has requested Preliminary Plat approval of The Crossing at Pine Island, Phase 2. This Preliminary Plat will consist of twenty-four (24) lots and a detention pond to be maintained by the home owners. Water will be supplied by Meeker Water District and each property will have on -site septic systems. The 32.99 acre property lies at the edge of the Planning Area, but is not within the Planning area. As such it is required to meet City of Beaumont design standards. The Planning area was created to allow developers the option of conforming with Jefferson County standards as opposed to City of Beaumont standards if the development is located within our ETJ (Extra Territorial Jurisdiction), but more than two (2) miles from the city limits. The Subdivision Ordinance design standards for rural streets Sec. 26.03.002(t 1) are as follows: Rural streets niay be provided in neighborhoods zoned Agricultural-Residenlial (A-R) or outside the city limits, but ivithin ow- ea:h-atei•i•itorictl jtn-istliction lvith lots conforming to the A-R District. A single outlet rural street shall serve no more than twenty -foie- (24) divelling units and may be eight hundred (800) feet long as a cul-de-sac. A rural sheet shall have a sixty foot right- of-i-vay with a liventy (20) foot concrete paventent. Curbs are not required and open roadside ditches niay be used for drainage. lllo parking shall be allowed along a rural street right -of 1way. Sh-eellights shall be at each street intersection, but may be spaced at an average of six hundred (600) feet behveen intersections." Many of the proposed lots do not meet the minimum lot size for A-R which requires a minimum lot width of 200 feet and a minimum lot area of one acre. Mr. Mitchell is requesting a variance to the lot size and width. Reasons for the variance are due to 1/3 of the property being in the regulated floodway, the southwest corner of the property crossing into the Planning area, the county no longer requiring larger tracts and Phase 1 being approved with smaller tracts. The length of the proposed roadway is approximately 1,491 feet. The Subdivision Regulations require that the street be no more than eight hundred (800) feet long. A Variance has been requested for the cul-de-sac street length. Mr. Mitchell states the request is due to 1/3 of the property being in the regulatory floodway, the adjacent pipeline corridor and an increased roadway width of 24' as opposed to the required 20' giving more room for vehicles. 2 Planning Commission August 16, 2021 Mr. Mitchell has requested a variance to the sidewalk requirements due to the rural nature of the development and open ditches that do not leave room for the sidewalk. I-Ie states that Jefferson County Engineering is requesting wide ditches and wants minimum culvert lengths due to drainage which eliminates the ditches being filled to accommodate the sidewalks. A variance has been requested for street lights. Although street lights are required every 600 feet, the subdivision would not be connected to City utilities. These street lights would not be operational unless connected to private utilities. The entire plat is located in flood zone AE, defined as areas with a 1% chance of flood in any given year. In addition, a large area is designated as floodway. Development in the floodway should be avoided, but will at a minimum require a no -rise certificate per Jefferson County standards, which should be indicated on the plat. Jefferson County Engineering and Drainage District No. 6 have requested changes to the plat concerning drainage and utility easements. Slides of the proposed plat were shown. If the Commission should choose to approve this Plat with the requested variances, staff recommended the following conditions: 1. A note be included on the plat stating that all development in the regulatory floodway will require a no -rise certificate based on development plans prior to construction. 2. Lot lines should stop at the Drainage District No. 6 easement. The easement may be deeded to the district. Mr. Boone explained the ETJ street requirements and the exceptions for rural subdivisions. Commissioner Steinhagen asked about the wording of the second condition, specifically the word "may" and if it could be changed to "should" and Mr. Boone stated that it could be changed. Chairman Nejad questioned the wording of the staff recommendation in that it did not state a clear recommendation of approval or denial. Mr. Boone stated that due to questions about why they are recommending approval if waivers and variances have been required, staff has changed the wording process in the staff reports. He added that staffs role should be presenting the facts and issues concerning the variance requests. He explained that according to the subdivision regulations, it is up to the Conuuission to determine if the burden of proof is met for waiver or variance approval. Mr. Boone added that this is similar to the procedure for the Board of Adjustments, in which the staff does not present recommendations. Chairman Nejad stated that the applicant is a wonderful engineer, but that in this case every portion of the request seems to be out of compliance. Mr. Boone agreed that several waivers had been requested. 3 Planning Commission August 16, 2021 Commissioner Beatty asked about the land in the development that is in the floodway and potential liability for flood damage. Mr. Cooper stated that the question of who is liable could not be answered, but that potential buyers would assume the risk. Discussion followed concerning potential flood hazard, liability and county regulations. The applicant was present. Jeremy Mitchell, representing Soutex Surveyors and Engineers, 3737 Doctors Drive, Port Arthur, '1'X, addressed the Commission. He stated that the developer was also in the audience. I-Ie added that the staff report was a good summary. Mr. Mitchell added that Phase I of this project had the same lot sizes and was already approved by the Commission. He stated that this would be a private road subdivision and that the County Commissioners had approved similar lots under TCEQ regulations. He stated that there are lots in the floodway which will require a no -rise certificate and that they want to build on the portions of the lots that are outside the floodway to try to eliminate the problem. He added that they have been working with the county engineer on drainage solutions. Finally, lie stated that the plan was methodically thought out and that the hardships justify the waiver requests. Chairman Nejad stated that when the waivers are granted to one group that it sets a precedent for others to ask for the same which can cause problems. IIe also asked why the subdivision could not have sidewalks. Mr. Mitchell replied that with open ditches, they will only have a few feet on each side, not leaving space for sidewalks. He stated that the county prefers open ditches. He concluded that the requirements for variance approval have been satisfied. Commissioner Senigaur asked if the subdivision would be a private, gated subdivision and Mr. Mitchell replied that it would be private, gated and regulated by a home owners association. Commissioner Makin asked how many lots were in the floodway and Mr. Mitchell replied that there are eight (8) lots and indicated their locations on the plat. Discussion followed about ensuring that potential buyers are informed of the flood risk. Conllnlssloner Senigaur moved to approve the request for Preliminary Plat approval of The Crossing at Pine Island, Phase 2, Beaumont, Jefferson County, Texas, as requested in file PZ2021-198 with the following conditions: 1. A note be included on the plat stating that all development in the regulatory floodway will require a no -rise certificate based on development plans prior to construction. 2. Lot lines should stop at the Drainage District No. 6 casement. The easement may be deeded to the district. Conunissioner Makin seconded the motion. The motion to approve carried 7:0. 2) PZ2021-211: Request to vacate Lot lA & 1B, Cummins Place Addition. Applicant: Darleen Wisby Location: 7810 & 7820 Halliday Lane Mr. Boone presented the staff report. Darleen Wisby has requested to vacate the Replat of Lot 1, Cummins Place and a 2.3 acre Tract H. Williams Survey into Lots 1A & 1B, Cummins Place, Beaumont, Jefferson County, Texas. Ms. Wisby intended to purchase the portion of land conveyed in the plat, but decided not to proceed with the transaction after the plat had already 4 Planning Commission August 16, 2021 been Bled. Therefore, both Ms. Wisby and the Bushnells wish to cancel the Replat and reestablish the property as it existed prior to the recordation of the plat, which was Bled April 22, 2021. Ms. Wisby, Cleighton L. Bushnell, Jr. and Robert Lee Bushnell ace the sole owners of the property and have all signed the letter of request. Slides of the plat were shown. Staff recommended approval of the request. Chairman Nejad stated that the request was straightforward an([ comments from the applicant were not necessary. The applicant was not present. Commissioner Noyola moved to approve the request to vacate Lot I & 1B, Cummins Place Addition, as requested in file PZ2021-211. Commissioner Steinhagen seconded the motion. The motion to approve carried 7:0. 3) PZ2021-214: Request for a Replat of a portion of Lot 18 into Lots 18-A & 18-B, Annie T. Warren Subdivision, Beaumont, Jefferson County, Texas, Applicant: Scott Brackin of Access Surveyors. L.L.C. Location: 1465 & 1475 W. Highland Drive Mr. Boone presented the staff report. Scott Brackin of Access Surveyors, L.L.C., has requested approval of a Replat of a portion of Lot 18 into Lots 18-A & 18-B, Annie T. Warren Subdivision, Beaumont, Jefferson County, Texas. The intention of the plat is to divide the property into two (2) lots. All utilities are present and available. Slides of the proposed replat were shown. Six (6) notices were mailed to property owners within two hundred (200) feet of the subject property. No responses were received in favor or opposition. Staff reconvnen ded approval of the request. The applicant was not present. The public hearing on this item was opened and closed without comment. Commissioner Makin moved to approve the request for a Replat of a portion of Lot 18 into Lots 18-A & 18-13, Annie T. Warren Subdivision, Beaumont, Jefferson County, Texas, as requested in file PZ2021-214. Commissioner Javed seconded the motion. The motion to approve carried 7:0. 4) PZ2021-234: Request for a Replat of Lots 1 & 2 into Tracts 1-A & 1-B, Block 20, Calder Highlands, Beaumont, Jefferson County, Texas. 5 Planning Commission August 16, 2021 Applicant: Stacey Garza of Soutex Surveyors and Engineers Location: 1320 East Drive and 3960 Gladys Avenue Mr. Boone presented the staff report. Stacey Garza of Soutex Surveyors & Engineers, has requested approval of a Replat of Lots 1 & 2 into Tracts 1-A & 1-B, Block 20, Calder Highlands, Beaumont, Jefferson County, Texas. The intention of the plat is to divide the property into two (2) lots allowing a new home to be built on the vacant lot. All utilities are present and available. Slides of the proposed plat were shown. Thirteen (13) notices were mailed to property owners within two hundred (200) feet of the subject property. One response was received in favor and one was received in opposition. Mr. Boone summarized the letters received. Staff recommended approval of the request. The applicant was present. Jeremy Mitchell, representing Soutex Surveyors and Engineers, 3737 Doctors Drive, Port Arthur, TX addressed the Commission. Mr. Mitchell stated that the staff report was a good summary. He stated that there were two (2) lots that would be split in a different fashion in order to allow for a buildable lot for a new residence. He added that the lot would not be cramped and will meet the minimum lot requirements. The public hearing on this item was opened and closed without conmient. Commissioner Senigaur moved to approve the request for a Replat of Lots 1 & 2 into Tracts 1-A & 1-B, Block 20, Calder Highlands, Beaumont, Jefferson County, Texas as requested in file PZ2021-234. Conunissioner Makin seconded the motion. The motion to approve carried 7:0. 5) PZ2021-239: Request for Minor Plat approval of Jackson -Powell Addition, Beaumont, Jefferson County, Texas. Applicant: Aaron Ward of Faust Engineering and Surveying, Inc. Location: 885 Powell Street and 890 Jackson Street Mr. Boone presented the staff report. Richard Faust of Faust Engineering and Surveying, Inc., has requested approval of a Replat of the Minor Plat of Jackson -Powell Addition, Beaumont, Jefferson County, Texas. Both properties are owned by one individual, but the lot line encroaches on one of the structures. To resolve this encroachment this plat proposes moving the lot line so that both structures are equal distance from the new lot line. Moving the lot line will widen lot 2, but it will still not meet the minimum width requirements of the Ordinance. The applicant is requesting a variance to the lot width of Lot 2. The new lot will be 49.19 feet wide along Jackson Street and 48.11 feet wide along Powell Street. City ordinance states, "Sec. 26. 03. 007(a) Mininnon width, depth and area. Lots shall have a minimum 1101h, depth and area of not less than that required by the zoning ordinance for the zonhig district in i-Mich the lots are located. " 0 Planning Commission August 16, 2021 The property where 885 Powell is located is zoned RM-H (Residential Multiple -Family Dwelling — Highest Density). Minimum lot width in RM-H is fifty (50) feet. Slides of the proposed plat were shown. If the variance is approved, staff recommended approval of this Minor Plat. Chairman Nejad asked how old the structures on the property were and Mr. Boone estimated them to be over fifty (50) years old. Chairman Nejad stated that it seemed this was the proper solution to the problem. The applicant was present. Richard Faust, representing Faust Engineering and Surveying, Inc., 5550 Eastex Freeway Suite O, addressed the Commission. Mr. Faust provided a partial survey to the Commissioners. He stated that during the survey, they found the encroaclwient and were working to find the best solution to the problem. He stated that the options were to have neither lot meet the requirements or to have one comply and the other be 1'/z feet shy. Finally, he stated that they worked with staff to find the best resolution. Commissioner Beatty moved to approve the Request for Minor Plat approval of Jackson -Powell Addition, Beaumont, Jefferson County, Texas, as requested in file PZ2021-239. Commissioner Javed seconded the motion. The motion to approve carried 7:0. JOINT PUBLIC HEARINGS Mayor Mouton called the Joint Public Hearings of August 16, 2021 to order at 3:32 p.m. and explained the purpose of the Joint Public Hearing process. Mayor Mouton then turned the meeting over to Chairman Nejad to conduct the Joint Public Hearings. 6) PZ2021-231: Request for a Specific Use Permit to expand a cemetery in an RM-H (Residential - Multiple -Family Dwelling) District. Applicant: Joe Mattox of Shine and Associates Location: 3945 Scranton Avenue Mr. Boone presented the staff report. Community Cemeteries, Inc. has submitted a request for a Specific Use Permit to allow the expansion of cemetery at 3965 Scranton. The cemetery was previously expanded in 2001 and 2009. This latest expansion incorporates 0.193 acres immediately south of the previous expansions. No buildings or other structures are proposed for this site. The only improvements will be private drives, ditch culverts to provide access to the property and drainage swales. Upon review staff noticed that it appears some graves to the north may be placed in the City alleyway. A survey needs to be provided to confirm the location of the graves. Slides of the subject property, site plan and surrounding area were shown. 7 Planning Commission August 16, 2021 Mr. Boone stated that staff noticed that the graves to the north may be in the City alleyway so a survey was needed. He added that tine applicant found that tine headstones were in the City's right-of-way or alleyway, so they were since moved. Thirty-two (32) 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. Provide a survey to locate graves to the north that appear to be in the alleyway. If graves are in the alleyway, alleyway must be abandoned by Conlinunity nity Cemeteries. Chairman Nejad asked about the proposed condition and alleyway issue. Mr. Boone replied that the options were to either move the headstones or abandon the alleyway and that the applicant has moved them. He added that they are unsure if the graves themselves are in the alleyway and that is why a survey is a proposed condition. Chairman Nejad asked about combining the abandonnent with the specific use permit and Mr. Boone replied that it would be a separate process. The applicant, Clayton Mayfield, 2295 Thomas Road, addressed tine Commission. lie stated that they have probed the markers where the headstones were to make sure that no vaults were in the alleyway. I-Ie added that the headstones had shifted into the alleyway, but have been moved back into their original placements. Mr. Mayfield stated that if they did have to move the graves, they would have to contact all of the family members of the deceased buried there. Finally, he stated that they have tried to comply with the requirements. Chairman Nejad stated that they may need to pursue the abandonment and Mr. Mayfield agreed that they would do so. The public hearing on this item was opened. Bridgette Barnes, 3920 Scranton Avenue, addressed the Commission. She stated that she lives almost directly across from the cemetery and that she has had issues because there are a lot of young people buried in the cemetery and their friends have balloon releases and parties there. She stated that they play loud music, swerve up and down the street, block driveways, drink and smoke, shoot guns and otherwise cause a disturbance to the neighborhood. Ms. Barnes stated that they have to call the police to help with these problems. She stated that this expansion of the cemetery would make the problems worse. The public hearing on this item was closed without further comment. The applicant was given an opportunity to speak in rebuttal. He stated that he tried to talk to Ms. Barnes before tine meeting about her concerns, but that she wanted to make her statements first. He stated that now that he knows of her concerns that he will work with her to resolve them. I Ie stated that he can put chains or gates on the cemetery drive way at night, but that lie cannot control the people who visit their loved ones. He stated that he will try to research what restrictions he is able to make. E- Planning Coniniission August 16, 2021 Commissioners Senigaur and Makin suggested that the cemetery have a closing time that is posted by sign. Chairman Nejad stated that the owner has a duty to not be nuisance to the neighborhood. He added that even if the Commission were to deny this request that these problems may occur, but that perhaps they can add some restrictions to alleviate the neighbors' concerns. Mr. Mayfield stated that he will work with the neighbors and his attorneys to see what restrictions they can add to find a balance between stopping nuisances and giving loved ones the freedom to visit graves. Commissioner Noyola stated that perpetual care cemeteries require closing times, lights and gated areas. Mr. Mayfield stated that they were not formed as a perpetual care cemetery and that the cemetery has been there for his entire lifetime, over seventy (70) years, so it does not fall under the same requirements. Commissioner Noyola asked if the applicant will reach out to Ms. Barnes and Mr. Mayfield replied that he would. Chairman Nejad stated that having signs posted allows for the ability to call the police to deal with nuisances. Mr. Mayfield replied that they would get this done. Chairman Nejad assured Ms. Barnes that the Commission, staff and City Council have heard her complaints. Conunissioner Beatty asked Ms. Barnes if she could readdress the Commission and if her complains were satisfied. Ms. Barnes stated that only the denial of this request would satisfy her. She reiterated her previous complaints. Mayor Mouton asked if she has called the police before and if they come when she calls. Ms. Barnes stated that she sometimes calls and that they usually come. Mayor Mouton suggested that she continue to call if they do not come. Chairman Nejad explained that even if they were to deny the request, they cannot change that there are already graves there, but that if they add conditions they must be followed and it may help satisfy Ms. Barnes's complaints. Commissioner Makin moved to approve the request for a Specific Use Permit to expand a cemetery in an RM-H (Residential - Multiple -Family Dwelling) District, as requested in file PZ2021-231 with the following conditions: 1. Provide a survey to locate graves to the north that appear to be in the alleyway. If graves are in the alleyway, alleyway must be abandoned by Community Cemeteries. 2. Gates, fences, no trespassing after hours signs, security and cameras be added to the expansion of the cemetery. Commissioner Senigaur seconded the motion. Councihnember Neild asked if the Commission and City Council had the authority to add these conditions to the request. Mr. Cooper stated that reasonable conditions could be added by the Commission and that if they are violated that the specific use permit can be withdrawn. He added that whether or not they were reasonable was up to the Commission and ultimately the E Planning Commission August 16, 2021 City Council to decide. Discussion followed amongst the Commission about whether security and cameras were a reasonable condition. Commissioner Makin amended her motion to approve the request for a Specific Use Permit to expand a cemetery in an RM-H (Residential - Multiple -Family Dwelling) District, as requested in file PZ2021-231 with the following conditions: 1. Provide a survey to locate graves to the north that appear to be in the alleyway. If graves are in the alleyway, alleyway must be abandoned by Community Cemeteries. 2. Gates, fences, and no trespassing after howl signs be added to the expansion of the cemetery. Commissioner Senigaur seconded the amended motion. The motion to approve carried 6:1 (Noyola.) 7) PZ2021-237: Request for a Specific Use Permit to allow Funeral Service - embalming and a storage facility a GC-MD-2 (General Commercial — Multiple -Family — 2) District. Applicant: Broussard's Mortuary Location: 2220 Calder Avenue Mr. Boone presented the staff report. Broussard's Mortuary is requesting a Specific Use Permit to allow funeral service embalming and storage at 2220 Calder Avenue. The nearly 30,000 square foot property was previously occupied by Controlled Fluids. As this previous use was just office space and storage, some changes may be needed to accommodate embalming. Broussard's Care Center, where embalming is performed, is currently located two (2) blocks away at 2000 McFaddin Avenue. This is an internal operation that is run by licensed professional embalmers. They would like to relocate the facility to this property and utilize the open warehouse space for inventory and supplies. Five (5) to ten (10) full-time staff are expected to located at this facility. Slides of the subject property, site plan and surrounding area were shown. Twenty-eight (28) notices were mailed to property owners within two hundred (200) feet of the subject property. One response was received in favor and one was received in opposition. Mr. Boone summarized the responses. Staff recon-unended approval of the request with the following condition: 1. Construction 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 was present. Jayne Toeppich, representing Broussard's, 2000 Mcfaddin Avenue, addressed the Commission. She stated that they will not be having fiuierals at this location and that it will be private use for warehouse, inventory and the care center. She stated that they have not received any complaints about odors at any of their other locations and that odors will not be an issue. 10 Planning Commission August 16, 2021 Commissioner Makin asked if they will be purchasing or renting and Ms. Toeppich stated that they will be purchasing the property, if the specific use permit is approved. The public hearing on this item was opened. Kevin Payton, representing the Hancock Whitney Trust for the Chambers Charitable Foundation, PO Box 3928, addressed the Commission. He stated that lie is pleased that the Broussard family is interested in this property and praised their work in the community, but that he wanted to make sure that this will not be detrimental to the area or the Chambers House Museum. Mr. Payton stated that lie wants to maintain viability for the museum. He added that he is not as concerned with the Broussard family, but with any fitture occupant after the permit is granted. Finally, he stated that this area of Calder has been going through a rough patch and supports its development. The applicant was given the opportunity to speak in rebuttal. She stated that she understands the concerns and assured that odors will not be a problem. Sam Parigi, 445 N 14"' Street, addressed the Commission. He spoke in support of the Broussard family and the request. The public hearing on this item was closed without fiirther comment. Conunissioner Senigaur moved to approve the request for a Specific Use Permit to allow Funeral Service - embalming and a storage facility a GC-MD-2 (General Commercial — Multiple -Family — 2) District, as requested in file PZ2021-237 with the following condition: 1. Construction 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 Steinhagen seconded the motion. The motion to approve carried 7:0. 8) PZ2021-238: Request for a Specific Use Permit to allow a Communication Tower in an LI (Light Industrial) District. Applicant: David Bochenek Location: 6300 block of Walden Road Mr. Boone presented the staff report. David Bochenek is requesting a Specific Use Permit to allow a Communication Tower in an LI (Light Industrial) District in the 6300 block of Walden Road. KFDM has been forced to relocate due to future Interstate Highway 10 revisions. One requirement for their new facility is a 150 foot self-supporting transmission tower. The proposed tower would be similar in appearance to an existing cell tower on the south side of Walden Road. The tower would be located at the rear of the new facility. Slides of the subject property, site plan and surrounding area were shown. 11 Planning Commission August 16, 2021 Ten (10) 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. Mr. Boone summarized the letter in favor. Staff recommended approval of the request. The applicant was present. David Ostmo, Regional Engineering Director, Sinclair Broadcast Group, the parent company of KFDM, 2955 II1 10, addressed the Commission. He stated that KFDM is in need of a new location and that they have the subject property under contract. He stated that the tower will be needed to establish a studio to transmitter microwave link to their transmitter in Vidor. Finally, he stated that it will be low radiation and not cause any problems for the area. The public hearing was opened and closed on this item without comment. Commissioner Steinhagen moved to approve the request for a Specific Use Permit to allow a Communication Tower in an LI (Light Industrial) District, as requested in file PZ2021-238. Commissioner Noyola seconded the motion. The motion to approve carried 7:0. 9) PZ2021-241: Request for a Revised Specific Use Permit to allow two driveways accessing the north cul-de-sac of W. Lucas in a GC-MD-2 (General Conunercial — Multiple -Family Dwelling-2) District. Applicant: Darlene Hanna Location: 622 W. Lucas Drive Chairman Nejad stated that lie was recusing himself from this item, as he owns property within two hundred (200) feet of the subject property, and turned the meeting over to Commissioner Makin to conduct this item. Mr. Boone presented the staff report. Darlene Hanna is requesting a Specific Use Permit to allow two driveways accessing the north cul-de-sac of W. Lucas in a GC-MD-2 (General Commercial — Multiple -Family Dwelling-2) District at 622 W. Lucas Drive. In February of 2011, Ms. Hanna was approved for a Specific Use Permit. The approved site plan did not have any driveways accessing the residential cul-de-sac to the east. In 2016, a driveway was poured and eventually permitted by Building Codes without approval from the Planning Division. Now, Ms. Hanna has applied to pour a second driveway accessing the same residential cul-de-sac. The new driveway is for a cookie company. Slides of the subject property, historic aerial views, traffic camera footage, site plan and surrounding area were shown. Sixteen (16) notices were mailed to property owners within two hundred (200) feet of the subject property. Two (2) responses were received in favor and six (6) were received in opposition. Mr. Boone stated that four (4) of the six (6) letters in opposition were from one property owner, but that they did own four (4) separate properties in the cul-de-sac behind the business. I-Ie then summarized the responses. 12 Planning Commission August 16, 2021 Staff initially recommended approval of the request with the following condition: 1. Drive way for drive-thru must be one way only. After the staff report was written, staff further reviewed the site plans and subject property and found that what is on the ground does not match either the original approved site plan or the new application. Discussion followed concerning the permitting history of the subject property. Mr. Boone stated that the specific use permit approved in 2011 did not include driveways. I-Ie added that in 2015 and 2016 permits were pulled for driveways, but they did not go before the Planning Commission as they should have. He stated that the City now has a better system which integrates various City departments which allowed the Planning department to catch the issue this time. The applicant was present. Brian Dunigan, 622 W Lucas, addressed the Commission. He stated that lie is the co-owner of the cookie business and that his mother owns the property. He also stated that lie went to Building Codes to get approval for the driveway. He showed a collection of red tags that he had received from the City. Mr. Dunigan said that lie has done what lie was told to do and that lie has already spent $50,000 on the project. He added that (lie business must have a drive-thru because the pandemic and crime make people not want to get out of their vehicles. He stated that this business will be a benefit to the City. He reported that an inspector froin the City came out and that there was no problem mentioned to him until lie had already spent the money. He stated that it was a miscommunication and that someone in the City had dropped the ball. He added that City Engineering had approved the driveway. Finally, lie stated that the residential homes in the cul-de-sac were in terrible shape and that they will not be affected. The public hearing on this item was opened. Councilmember Neild asked how many specific use permits had been issued on this property and Mr. Boone replied that there had been one in 2011. Councilmember Neild asked if a condition of that specific use permit was that some of the parking at this property was to be used as parking for the nearby dance studio. He also asked about the occupancy of the businesses on the subject property. Mr. Boone confirmed that eight (8) of the parking spots were supposed to be for dance studio parking and referred to Brandon Belaire to address the parking and occupancy question. Brandon Belaire, City of Beaumont Roadway Engineer, 801 Main Street, addressed the Commission. He stated that the parking is based on gross leasable floor area and that this building requires six (6) parking spaces for every 1,000 square feet. He stated that this location would require twenty-two (22) spaces and has twenty-nine (29) with eight (8) spaces for the dance studio, so they are missing one. He added that while the site was not built according to the site plan, they have room to add eight (8) more spaces to comply with the original specific use permit and current parking requirements. Councilmember Neild asked if they are currently over or under the parking requirement for the 13 Planning Commission August 16, 2021 dance studio and Mr. Belaire replied that they are under by one and have room to add on the southeast corner. Councilmember Neild expressed concerns with traffic stating he has seen traffic backing up all the way to Lucas and additional traffic will be a disaster, especially being adjacent to residential property. Mr. Belaire stated that the cars do wait in the street in the opposite lane and that could be an issue, but that the added volume would not be significant. Commissioner Stein liagen stated that cul-de-sacs are generally meant to be the quietest and most desirable places for residences and that doubling the traffic will be detrimental to that. Mr. Belaire agreed that it would double the traffic, but stated that the existing traffic is very low. He also clarified the drive-tluu patlis. Commissioner Steinhagen asked how the first driveway appeared and Mr. Belaire stated that it was approved by Engineering because they were unaware of the specific use permit at the time. Discussion followed about why the current request is for two (2) driveways. Mr. Boone clarified that the request is to add one additional driveway and approve the already existing one, as it never came before the Commission. Councilmember Turner asked about the applicant's statements about a drive-thru being needed for crime problems and asked if they have had crime problems at that location. The applicant replied that they had not, but that it would help prevent crime. The public hearing on this item was opened. Darlene Hannah, 770 Carolyn Street, Winnie, TX, addressed the Commission. She stated that she owns the subject property. She added that her dance clothing business used to be located in the dance studio, but moved to the subject property, no longer requiring additional parking. She added that the new drive-thru will be in the back and will not interfere with the drive-tluu traffic for the Quenchies snow cone business. Manuel Ramirez, 698 W Lucas Drive, addressed the Commission. IIe stated that cars currently line up and down the streets and the cul-de-sac for the drive-thru at Quenchies and that they have had to call the police several times. Mr. Ramirez added that people are unable to turn or to get out of their driveways and that an additional drive-thru will increase the problem. He also questioned how one of the driveways was approved without the neighbors having an opportunity to comment. He concluded that this request would not be a good idea. Donna Harris, 137 Rolling Hills Drive, Lumberton, TX, addressed the Commission. She stated that she is the owner of Quenchies. Ms. Harris stated that they got their driveway approved, but got a red tag so they went to the City and showed their permit and were told that everything was fine. She stated that she has received complaints, but that they do their best to get people through the drive-thru as quickly as possible. She added that their busiest time is 2:30 p.m. to 5:30 p.m. especially in the summer, but that it is not as busy at other times. Ms. Harris stated that she could post signs, but is not sure what else they can do to help. She also added that during the pandemic the drive-thru has been very popular, but that inside business has recently increased thereby reducing drive-thru traffic. 14 Planning Commission August 1 G, 2021 Eugenia Coffin, 3999 North Street, addressed the Commission. She staled that she owns four (4) of the properties on the cul-de-sac and that she is in the process of renovating them to rent. She stated that she has invested a lot of money into these properties and intends them to be income producing properties and nice places to live. She added that when the properties are rented out, it will increase traffic on the cul-de-sac. Ms. Coffin stated that the traffic situation is terrible and that this project is not giving back to Beaumont. She stated that Quenchies is a great and s►►ecessfi►1 business, but that the layout is not a good one. She added that other drive-thru businesses in Beaumont have drivers waiting on commercial property not residential streets. She also added that the cul-de-sac is not wide enough to add another drive-thru. Ms. Coffin stated that approval of this request would not be good planning. Finally, she added that her father was on the Planning Commission so she understands and appreciates their work, but that this request does not need to be granted. Sam Parigi, 445 N 14`' Street, addressed the Commission. He stated that he had spent the morning drafting an email to staff to state that his family is opposed to the request. He referenced a similar situation with a business on 11 "' Street. He inquired about the specifics of the proposed layout and drive-thru paths. He added that he is not opposed to business, but that the current traffic and layout of the property is a problem that will be compounded with increased traffic. Mr. Boone and Mrs. Josey clarified the width and direction of the proposed drive-tluu. Laurie Leister, 1240 Wilchester Circle, addressed the Commission. She provided a photograph to the Commission of the Quenchies drive-thru window taken from the cul-de-sac. She stated that she is an investor with Ms. Coffin in the properties on the cul-de-sac. She also stated that they are putting money into the properties to upgrade them and are looking to purchase more of them. Ms. Leister stated that currently the traffic backs up to where people cannot back out of their driveways and this will worsen with the addition of another drive-thr►►. She stated that the turning radius needs to be addressed and that a fence across the back of the property is needed. She also mentioned that trash is being put on the property for the City to pick up and the increased traffic will make it difficult for the trash to be picked up. Finally, she stated that she previously served on the Planning Co►ninission and appreciates the difficult decisions that they have to make, but supported denial of this request. Commissioner Stei► hagen asked about the driveway sizes and Mr. Boone explained that the aerial photographs do not always match up to exact measurements. Discussion followed to clarify the dimensions of the driveways. The public hearing was closed on this item without fiirther comment. The applicant was given an opportunity to speak in rebuttal. Mr. Dunigan stated that there is a 14.8 foot fence line to the back of the property. He stated that the property was purchased from the City. He added that the drive-thrus will go in different directions and not conflict with each other. He stated that the garbage is not from the businesses on the property, but rather from the nearby apartment complex. Mr. Dunigan stated that when people move out of the apartments, if the dumpster is full they put their trash there and that he has called the City about it. He stated 15 Planning Commission August 16, 2021 that they have thirty-eight (38) marked parking spaces and that a nearby tequila bar only has fourteen (14) spaces, but its customers park across the street. He asked why his customers could not receive the same consideration. He also mentioned the traffic congestion at St. Anne's school. He concluded that traffic is a sign of growth and development and that there needs to be a give and take with the City to allow businesses to thrive. Commissioner Steinhagen moved to deny the request for a Revised Specific Use Permit to allow two driveways accessing the north cul-de-sac of W. Lucas in a GC-MD-2 (General Commercial —Multiple-Family Dwelling-2) District, as requested in file PZ2021-241. Commissioner Noyola seconded the motion. The motion to deny carried 6:0:1 (Nejad). 10) PZ2021-242: Request for a Specific Use Permit to allow on premise consumption of beer and wine at a convenience store in a GC-MD-2 (General Commercial — Multiple -Family Dwelling - 2) District. Applicant: Gurnam Sandhar Location: 3529 N. Major Drive Mr. Boone presented the staff report. Gurnam Salidhar is requesting a Specific Use Permit to allow on -premise consumption of beer and wine at a convenience store in a GC-MD-2 (General Commercial — Multiple -Family Dwelling - 2) District at 3529 N. Major Drive. Mr. Gurnam has purchased a number of daiquiri machines and is currently selling daiquiris to go. He would like to sell these daiquiris and other beer/wine products for on -site consumption. Although Crystal's does sell a number of fried foods, it is predominantly a convenience store. On -site consumption of alcohol in a convenience store would create a bar atmosphere and therefore requires a Specific Use Permit in a GC -MD (General Commercial — Multiple -Family Dwelling) or GC-MD-2 zoning district. Hours for daiquiri sales would be Monday through Friday 7 a.m. to midnight, Saturday 7 a.m. to 1 a.m. and Sunday noon to midnight. Although Mr. Sandhar has requested the required certificates and permits for his convenience store that serves food, not all of these permits have been completed. Slides of the subject property, site plan, interior of the building and surrounding area were shown. Nineteen (19) 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. Crystal's must obtain a completed Certificate of Occupancy and must complete au active food permit with the City of Beaumont. 2. Must meet all requirements by Water Utilities for any water and sanitary sewer improvements, including any requirements of the City's backflow and/or pre-treatment programs. 16 Planning Commission August 16, 2021 Chairman Nejad asked how the business was currently operating if they (lid not have a certificate of occupancy. Mr. Boone stated that they are under a new owner so they have to apply for a new certificate of occupancy, but that they can operate for thirty (30) to sixty (60) days during the permitting process. Chairman Nejad asked about there being a game room on the premises. Mr. Boone replied that they did have eight -liner machines, but since alcohol sales would not be allowed where there are eight -liner machines, the machines will be removed if the request is granted. He added that there is an arcade connected to the convenience store. The applicant was not present. Chairman Nejad stated that he is not aware of all the legal implications, but that lie did not sec a reason to allow drinking in the store. Councilmember Getz stated that it was his understanding that the eight -liner machines would be removed and that the arcade is not a game room but a video game type arcade. The public hearing on this item was opened. Sam Parigi, 445 N 10' Street, addressed the Commission. He stated that he owns the property across the street. He stated that lie had driven by the property and called the City to get the details about the request. He added that he could understand the sale of alcohol in a bar type setting, but worries about the sale of alcohol where there is no age restriction to enter and children may be at the arcade or in the store. The public hearing on this item was closed without fiirther comment. Chairman Nejad moved to deny the request for a Specific Use Permit to allow on premise consumption of beer and wine at a convenience store in a GC-MD-2 (General Commercial — Multiple -Family Dwelling - 2) District, as requested in file PZ2021-242. Commissioner Steinliagen seconded the motion. The motion to deny carried 7:0. 11) PZ2021-270: Consider an arrangement between the City of Beaumont and Hardin County as to the regulation of subdivisions within the Extraterritorial Jurisdiction (ETJ) Mr. Boone presented the staff report. The State Legislature enacted a law in 2001 that requires that all municipalities and counties enter into a written agreement outlining regulatory responsibility of subdivisions within Extraterritorial Jurisdictions (ETJ's). Soon after, the City of Beaumont entered into an agreement with Jefferson County, but not Hardin County. The issue has now arisen as a plat for a large development is being submitted to Hardin County. The purpose of regulating subdivisions within a city's ETJ is to ensure proper planning and development standards in anticipation of eventual aiunexation by a city. While Beaumont's five - mile ETJ currently extends north of Pine Island Bayou into Hardin County, the likelihood of the City of Beaumont annexing into Hardin County is very low. It should be noted that the proposed 17 Planning Commission August 16, 2021 agreement would not alter the existing ETJ and would not prevent the City of Beaumont from future annexations into this area. Slides of the map of the City's boundaries and ETYs were shoNvii. Staff recommended approval of the agreement. Chairman Nejad stated that it sounded like the idea is that if property is in another county, to leave the regulation to the county. Commissioner Steinhagen moved to approve the request for an arrangement between the City of Beaumont and Hardin County as to the regulation of subdivisions within the Extraterritorial Jurisdiction (ETJ), as requested in file PZ2021-270. Commissioner Makin seconded the motion. The motion to approve carried 7:0. OTHER BUSINESS None. THERE BEING NO OTHER BUSINESS, THE MEETING ADJOURNED AT 5:13 P.M. 18 THE STATE OF TEXAS § COUNTY OF JEFFERSON § as a member of the •. (City Council, Commission, or , Boafd) rnalce Isis affidAt and hereby on oath state the following: I, and/or a person or persons related to me, have a substantial interest in a business entity that would be peculiarly affected by a vote or decision of the • (City Council, Commission, or Board) as those terms are defined in V.T.C.A., Local Goverfiment Code, § 171.002, The business entity Is: (Name) (Address) ("I," or name of relative and relationship) have/has a substantial interest in this business entity for the following reasons: (check all of which are applicable.) Ownership of 10 percent or more of the voting stock or shares of the business entity. Ownership of either 10 percent or more or $15,000 or more of the fair market value of the business entity. Funds received from the.business entity exceed 10 percent of (rny, her, his) gross Income for the previous year. Real property is involved, and (I,.he, she) have an Interest which is an equitable or legal ownership with a fair market value of, at least $2,500. A relative of mine, within the first or second degree by blood or marriage, has a substantial Interest in the business entity or property that would be affected by a decision of the public body of which I am a member. Upon filing of this affidavitwith the City Clerk, I affirm that I will abstain from voting on any decision involving this business entity and from any further participation on this matter whatsoever. . Signed this the day of s;F , 20�_. IL — Signature of Official Title BEFORE ME, the undersigned authority, on this day personally appeared StXe and on oath stated that the facts hereinabove stated are true to the best of his/her knowledge or belief. SWORN to and subscribed before me on this the �6 day of Av, ►L- " . , 207 . 1•;.�''iJf%i CAfHERINE:SAURlULEN Notary �'P�ublic in and for the Sate of Texas is f, My Notary ID 11132300044 Explros hnuary 3, 2024 . DATE: September 20, 2021 TO: Planning Commission FROM: Chris Boone, Director of Planning and Community Development SUBJECT: Consider a request for preliminary plat approval of Doguet's Diamond D Ranch Subdivision, Phase 3C, Jefferson County, Texas. FILE: PZ2021-278 STAFF REPORT Fittz & Shipman, Inc. has requested preliminary plat approval of Doguet's Diamond D Ranch Subdivision, Phase 3C. The project is located within the Planning Area of the ETJ of the City of Beaumont south of US Hwy. 90 and approximately 1.1 miles west of Meeker Road. In December of 2016 a Preliminary plat was filed that included this portion of Master Plan Drive. When the final plat was filed, this street was not included. Since it has been more than two years since the original Preliminary Plat was approved, a new Preliminary Plat is required. The applicant states that this approximate 97' section of street will allow driveway access for the previously platted lot facing Diamond D Drive. The Planning staff recommends approval of the request. This item was sent to all interested parties. Exhibits are attached. GENERAL INFORMATION/PUBLIC UTILITIES APPLICANT: Donald R. King for Fittz & Shipman, Inc. PROPERTY OWNER: Michael Doguet LOCATION: South of U.S. Hwy 90 and approximately 1.1 miles west of Meeker Road EXISTING ZONING: None PROPERTY SIZE: 0.134 acres, more or less EXISTING LAND USES: Agricultural FLOOD HAZARD ZONE: "X" - Areas determined to be outside 100-year floodplain SURROUNDING LAND USES: SURROUNDING ZONING: NORTH: Residential None EAST: Vacant None SOUTH: Vacant None WEST: Vacant None COMPREHENSIVE PLAN: Growth Reserve Area STREETS: Diamond D Drive — Collector with an 80' right-of-way and 37' pavement width. Proposed Master Plan Drive - Local street with a 60' wide right-of-way and a 28' pavement width. DRAINAGE: Curb and gutter WATER: Provided by Meeker Municipal Utility District SANITARY SEWER SERVICE: Individual aerobic systems BEAUMONT Planning & Community Development fperty Information SUBDIVISION APPLICATION iX Preliminary Plat ❑ Amended Plat ❑ Final Plat ❑ Replat 0 Minor Plat ❑ Vacate Plat S,tdtfabn Name Address i t—e— Doguet's Diamond D Ranch Phase 3C Prop. Master Plan Drive Latltl, gfockl* None None ?af Aeres: f of LOW. k of UMU: 0.134 Ac 0 N/A flicant Information Name: rompants Mr. Donald R. King, P.E. Fittz & Shipman, Inc. mAddmu; Gq: State zip: M6 Cornerstone Court Beaumont Texas 77707 Phone-. W.I. (409) 832-7238 dkina@fiftzshipman.com Owner Information Namel CumP-p Mr. Mike Doguet Doguet's Diamond D Ranch LTD. Mardng Address: chr- sut : rip: 2055 Diamond D Drive Beaumont Texas 77713 Phone-. Erne& 409 866-88 3 mike d@doguettur(farm.com 9, 22z> —Z1 O nr�s Styuwre Michael D. Doguet wte Appl.ntFg.1111e Donald R. King, P.E. D7e Applicant check (✓) city Check(✓) Checklist of items required on PLAT to be filed: 1.1-Itle or name of plat meridian north point scale of map and vicinity map. 2. Definite legal description and identification of the tract being subdivided. 3. All block, lot and street boundary lines referenced to Texas State Plane Coordinate System. 4. Building Lines and easements. S. Actual width of all streets, measured at right angles or radially, where curved, shown on map 6. All necessary dimensions accurately displayed 7. Names of all streets and adjoining subdivisions shown on map B. Benchmark elevations on map 9. Flood zones, boundaries and elevations shown on map 10. Addresses clearly displayed 11. Certificate of ownership signed, stamped and notarized 12. Certificates of approval from City and County shown on map 13. All legal restrictions and regulations placed on the approval of plat shown clearly on map Checklist of items required on Preliminary Plat map: 1. Title or name of plat, meridian north point, vicinity map and name and signature of owner. 2. Written evidence of ownership. 3.5cale of map shown on map, map to be drawn on a scale of one hundred (100) feet to inch or larger. 4. Location of existing blocks, lots, alleys, easements, building lines, natural features and buildings. 5. Existing and proposed streets with street names. 6. Plan of subdivision with blocks, lots, alleys, easements, building lines, parks, dimensions and addresses. V 7. Location of existing and proposed sewers, water, gas mains, as well as storm and drainage easements. B. Topography If the surface is markedly uneven. 9. Boundaries and 'elevations of all areas located in the flood hazard. I f 10. Location of all existing pipeline easements with size, type of product and pressure. V 11. Name of registered surveyor/engineer responsible for preparing the plat. P A 12. List of all restrictive covenants, conditions, and limitations to govern property being subdivided. _ WI) Wthl Wtlal Sigm 0feoftesponnWery ear15m nald R. King, P.E. o,te Planning AAppircation Acceptance: Q&:��Q .. 9gruwre o,re Revised 11/19 PLAUN Mf3 &COMMUNIITY DEVELOPMENT T 409.880.3100 F 409.880.3133 PO Box 38271 Beaumont, TX Fittz&Shipman Ronald D. Fittz, P.E., R.P.L.S. (1948-1987) Terry G. Shipman, P.E., Senior Consultant Bernardino D. Tristan, P.E., Chief Executive Officer August 21, 2021 Mr. Chris Boone Planning Department City of Beaumont P. O. Box 3287 Beaumont, Texas 77701 Consulting Engineers and Lana Surveyors Daniel A. Dotson, P.E., President Donald R. King, P.E., Vice President RE: Doguet's Diamond D Ranch, Phase 3C — Master Plan Dr. Extension FS Proj. No. 21133 Preliminary Plat & Drainage Plan —0.134 Acres Dear Mr. Boone, Submitted for your review and comment are two (2) prints and a .PDF file of the Preliminary Plat and Drainage Calculations for the proposed 0.134 acre Doguet's Diamond D Ranch Subdivision — Phase 3C which will provide for dedication of Right of Way for the proposed extension of Master Plan Drive. Phase 3C will consist of the extension of Master Plan Drive westward approximately 97 feet from the intersection at Diamond D Drive which has been previously constructed. The proposed roadway will allow driveway access from previously platted Lot 29 Block 12. The proposed subdivision is within the 5-mile Extraterritorial Jurisdiction (ETJ) of the City of Beaumont, greater than 2 miles from the City Limits, and is approximately 3.5 miles from the Beaumont City Limits. It will be located west of Diamond D Drive and approximately 2,100 feet south of Hercules Drive (Diamond D Phase 7). This Preliminary Plat is also being submitted to Jefferson County and the Meeker Municipal Water District for review and approval. Phase 3C will consist 0.134 Acres for the proposed Right -of Way. There will be no residential lots. Street Right -of -Way for Master Plan Drive will be 60 foot wide. Pavement for the residential street will be a 28 feet wide concrete street constructed to City of Beaumont Subdivision Standards with curb and gutter type construction. The proposed street extension will connect to the previously constructed intersection and curb radii on Diamond D Drive. A 15 foot utility and drainage easement was previously been dedicated on adjacent lots 29 and 40. Sidewalks will be constructed on each side of the roadway as each residence is completed. Drainage will be provided by grading of the proposed street pavement eastward toward Diamond D Drive where underground storm lines were previously constructed and platted in 2018. This street was included in drainage areas F18 and F20 in the drainage computations for Diamond D Ranch Subdivision Phase 3C. These areas were also considered in the original sizing of the storm detention facilities located at the western end of Bond Road. All lots within this Phase are located outside of FEMA 100 year flood zones. We are proposing to extend the 8 inch diameter water line westward from Diamond D Drive and a flush valve will be located at the west end of the proposed street. Sanitary Sewer for previously platted lots will be provided by each homeowner by installation of individual aerobic treatment units with sprayfields or drip - irrigation in accordance with Jefferson County Environmental Control Standards. 1405 Cornerstone Court • Beaumont, Texas 77706 • (409) 832-7238 • fax (409) 832-7303 Tx Board of Prof Engineers Firm No. F-01160 . Tx Board of Prof Land Surveyors Firm No. 100186 A Texas HUB Certifier! Company Mr. Chris Boone August 21, 2021 Page 2 Doguet's Diamond D Ranch — Phase 3C Preliminary Plat & Drainage Plan It is anticipated that the homeowners association for the subdivision will provide for street lighting, maintenance of right-of-ways and easements, etc. as well as to provide guidelines for residential construction within the subdivision as they did for Phases 1 & 2, 3A, 3B 4, 5, 6 and 7. Addressing has previously been provided for Lots 29 and 41 which were approved with Phase 3B. Variances Requested: None Project Owner: DOGUET'S DIAMOND D RANCH LTD. MIKE DOGUET, OWNER 2055 DIAMOND D DRIVE BEAUMONT, TX 77713 409-866-8873 OFFICE 409-866-8883 FAX Please contact me regarding questions or comments. Sincerely, Fittz6ffShipman, Inc. by: Donald R. King. P. of t En ineer for the Firm 21133TR01 Submitted Materials: • $350.00 Preliminary Plat Fee — on-line payment • 2 prints - Preliminary Plat— Diamond D Ranch Subdivision Phase 3C (1 Sheet) • 2 prints — Drainage Area Map + Prelim. Drainage Calculations (3 Sheets — C1.20, C1.30, C1.40) • 1 copy —Warranty Deed 94-9413719 (Proof of Ownership) • 1 copy — Power of Attorney —Lisa Doguet to Mike Doguet Fittz s-Shipman, Inc. 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N z. r D m w W d zF [ (�E T; [8 S ;�3 It a w D U1 3 D lit$ #fF° Z2021-278: Request for Preliminary Plat approval of Doguet's Diamond D Ranch, Phase C, Jefferson County, Texas. ,pplicant: Donald King of Fittz & Shipman, Inc. ,ocation: Crossing Diamond D Drive 1,000 2,000 1 1 Feet DATE: September 20, 2021 TO: Planning Commission FROM: Chris Boone, Director of Planning and Community Development SUBJECT: Consider a request for preliminary plat approval of Doguet's Diamond D Ranch Subdivision, Phase 31), Jefferson County, Texas. FILE: PZ2021-279 STAFF REPORT Fittz & Shipman, Inc. has requested preliminary plat approval of Doguet's Diamond D Ranch Subdivision, Phase 3D The project is located within the Planning Area of the ETJ of the City of Beaumont south of US Hwy. 90 and approximately 1.1 miles west of Meeker Road. In December of 2016 a Preliminary plat was filed that included this portion of Brangus Trail Drive. When the final plat was filed, this street was not included. Since it has been more than two years since the original Preliminary Plat was approved, a new Preliminary Plat is required. The applicant states that this approximate 69.5' section of street will allow driveway access for the previously platted lot facing Diamond D Drive. The Planning staff recommends approval of the request. This item was sent to all interested parties. Exhibits are attached. GENERAL INFORMATION/PUBLIC UTILITIES APPLICANT: Donald R. King for Fittz & Shipman, Inc. PROPERTY OWNER: Michael Doguet LOCATION: South of U.S. Hwy 90 and approximately 1.1 miles west of Meeker Road EXISTING ZONING: None PROPERTY SIZE: 0.097 acres, more or less EXISTING LAND USES: Agricultural FLOOD HAZARD ZONE: ' X' - Areas determined to be outside 100-year floodplain SURROUNDING LAND USES: SURROUNDING ZONING: NORTH: Residential None EAST: Vacant None SOUTH: Vacant None WEST: Vacant None COMPREHENSIVE PLAN: Growth Reserve Area STREETS: Diamond D Drive — Collector with an 80' right-of-way and 37' pavement width. Proposed Brangus Trail Drive - Local street with a 60' wide right-of-way and a 28' pavement width. DRAINAGE: Curb and gutter WATER: Provided by Meeker Municipal Utility District SANITARY SEWER SERVICE: Individual aerobic systems BEAUMONT Planning & Community Development tperty Information SUBDIVISION APPLICATION X Preliminary Plat 0 Amended Plat ❑ Final Plat ❑ Replat ❑ Minor Plat ❑ Vacate Plat 5u63tAston Name Addreu/location Doguet's Diamond D Ranch Phase 3D Pro .Brangus Trail Drive wt(.J: e'odds): None None rofAtt : 90L w.. rofUnNs: 0.097 Ac 0 N/A Ilicant Information Name: [empany: Mr. Donald R. King, P.E. Fittz & Shipman, inc. /.t TMAddr r. Cite suer: ZIP' 1405 Cornerstone Court Beaumont Texas 77707 rhontt rma}I: (409) 832-7238 dkin 9fittzshi man.com Owner Information Na., C—P.W. Mr. Mike Doguet Doguet's Diamond D Ranch LTD. MaDieg Addrets: city. sum XiP: 2055 Diamond D Drive Beaumont Texas 77713 Plnne. retail: (409) 866-8873 1 miked@doguetturffarm.com P, 2" Oxaett SYmtuse Date Michael D. guet ApDWnts';nomre Do d ng, P.E. Date Applicant check(✓) City Check(✓) Checklist of items required on PLAT to be flied: 1. Title or name of plat, meridian north point, scale of map and vicinity map. 2. Definite legal description and identification of the tract being subdivided. 3. All block, lot and street boundary lines referenced to Texas State Plane Coordinate System. 4. Building Lines and easements. S. Actual width of all streets, measured at right angles or radially, where curved, shown on map 6. All necessary dimensions accurately displayed 7. Names of all streets and adjoining subdivisions shown on map B. Benchmark elevations on map 9. Flood zones, boundaries and elevations shown on map 10. Addresses clearly displayed 11. Certificate of ownership signed, stamped and notarized 12. Certificates of approval from City and County shown on map 13. All legal restrictions and regulations placed on the approval of plat shown clearly on map Checklist of items required on Preliminary Plat map: 1. Title or name of plat, meridian north point, vicinity map and name and signature of owner. 2. Written evidence of ownership. 3. Scale of map shown on map, map to be drawn on a scale of one hundred (100) feet to inch or larger. 4. Location of existing blocks, lots, alleys, easements, building lines, natural features and buildings. I/ 5. Existing and proposed streets with street names. 6. Plan of subdivision with blocks, lots, alleys, easements, building lines, parks, dimensions and addresses. 7. Location of existing and proposed sewers, water, gas mains, as well as storm and drainage easements. 8. Topography if the surface is markedly uneven. 9. Boundaries and elevations of all areas located in the flood hazard. jb' 10. Location of all existing pipeline easements with size, type of product and pressure. 11. Name of registered surveyor/engineer responsible for preparing the plat. pc 12. List of all restrictive covenants, conditions, and limitations to govern property being subdivided. —121G PQ W61 In'sfal sltnaureotrespondb!e Engineer/sun or �� old King, P.E. Date Planning Application- Acceptance: s',�natnre �— oat. Revised 11/19 PLANMUG &:COMMUMTY DEVELOPMENT T 409.880.3100 F 409.880.3133 PO Box 38271 Beaumont, TX Fittz&Shipman INC. Ronald D. Fittz, P.E., R.P.L.S. (1948-1987) Terry G. Shipman, P.E., Senior Consultant Bernardino D. Tristan, P.E., Chief Executive Officer August 21, 2021 Mr. Chris Boone Planning Department City of Beaumont P. O. Box 3287 Beaumont, Texas 77701 Consulting Engineers and Land Surveyors Daniel A. Dotson, P.E., President Donald R. King, P.E., Vice President RE: Doguet's Diamond D Ranch, Phase 3D — Master Plan Dr. Extension FS Proj. No. 21133 Preliminary Plat & Drainage Plan —0.097 Acres Dear Mr. Boone, Submitted for your review and comment are two (2) prints and a .PDF file of the Preliminary Plat and Drainage Calculations for the proposed 0.097 acre Doguet's Diamond D Ranch Subdivision — Phase 3D which will provide for dedication of Right of Way for the proposed extension of Brangus Trail Drive. Phase 3D will consist of the extension of Brangus Trail Drive westward approximately 69.5 feet from the intersection at Diamond D Drive which has been previously constructed. The proposed roadway will allow driveway access from previously platted Lot 43 Block 14. The proposed subdivision is within the 5-mile Extraterritorial Jurisdiction (ETJ) of the City of Beaumont, greater than 2 miles from the City Limits, and is approximately 3.5 miles from the Beaumont City Limits. It will be located west of Diamond D Drive and approximately 2,640 feet south of Hercules Drive (Diamond D Phase 7). This Preliminary Plat is also being submitted to Jefferson County and the Meeker Municipal Water District for review and approval. Phase 3D will consist 0.097 Acres for the proposed Right -of Way. There will be no residential lots. Street Right -of -Way for Brangus Trail Drive will be 60 foot wide. Pavement for the residential street will be a 28 feet wide concrete street constructed to City of Beaumont Subdivision Standards with curb and gutter type construction. The proposed street extension will connect to the previously constructed intersection and curb radii on Diamond D Drive. A 15 foot utility and drainage easement was previously been dedicated on adjacent lots 42 and 43. Sidewalks will be constructed on each side of the roadway as each residence is completed. Drainage will be provided by grading of the proposed street pavement eastward toward Diamond D Drive where underground storm lines were previously constructed and platted in 2018. This street was included in drainage areas F22 and F23 in the drainage computations for Diamond D Ranch Subdivision Phase 3D. These areas were also considered in the original sizing of the storm detention facilities located at the western end of Bond Road. All lots within this Phase are located outside of FEMA 100 year flood zones. We are proposing to extend the 6 inch diameter water line westward from Diamond D Drive and a flush valve will be located at the west end of the proposed street. Sanitary Sewer for previously platted lots will be provided by each homeowner by installation of individual aerobic treatment units with sprayfields or drip - irrigation in accordance with Jefferson County Environmental Control Standards. 1405 Cornerstone Court • Beaumont, Texas 77706 • (409) 832-7238 • fax (409) 832-7303 Tx Board of Prof Engineers Firm No. F-01160 • Tx Board of Prof Land Surveyors Firm No. 100186 A Texas HUB Certified Company Mr. Chris Boone August 21, 2021 Page 2 Doguet's Diamond D Ranch — Phase 3D Preliminary Plat & Drainage Plan It is anticipated that the homeowners association for the subdivision will provide for street lighting, maintenance of right-of-ways and easements, etc. as well as to provide guidelines for residential construction within the subdivision as they did for Phases 1 & 2, 3A, 3B 4, 5, 6 and 7. Addressing has previously been provided for Lots 42 and 43 which were approved with Diamond D Ranch Phase 3B. Variances Requested: None Project Owner: DOGUET'S DIAMOND D RANCH LTD. MIKE DOGUET, OWNER 2055 DIAMOND D DRIVE BEAUMONT, TX 77713 409-866-8873 OFFICE 409-866-8883 FAX Please contact me regarding questions or comments. Sincerely, FittzdFShipman, Inc. by: Donald R. King. of ct E gineer for the Firm 21133TR02 Submitted Materials: $350.00 Preliminary Plat Fee — on-line payment • 2 prints - Preliminary Plat— Diamond D Ranch Subdivision Phase 3D (1 Sheet) 2 prints — Drainage Area Map + Prelim. Drainage Calculations (3 Sheets — C1.20, C1.30, C1.40) • 1 copy — Warranty Deed 94-9413719 (Proof of Ownership) • 1 copy — Power of Attorney —Lisa Doguet to Mike Doguet Fittz c&Shipman, Inc. s I $A0 Y xE Ail y 3 �• II g 1 I 1 99 1 IA I Kt ■ E '° qS �CD ; 12�1 F 666 1 y g ' 1 1 - 1 , 99 OOz n 4 '♦ C / � Xle � $2 m y 44 a a z C9 P IDN gg v gi �0Z� 8 IEg Z OQ / arJO it 4 Yx Rill @41 Ilia1; gal cu q; m omp(A o , 'E1 ;mpm Dplin y� D ZVZfn00 a Oi b $� F{,;! C Omn2Ct0 \ m y I !i� r $r, 1°19 •# ,. i 1 o WZ' oD p C T }� #E s i #�� zts;.;� #d±t F }:P �k t' .�-1.Zltjn F„#FEk E m 9:6 a9 VQ p f�0 ims C # i 2oADm�1 W aasca (: g3 # b E EE ) reDc W 0 ®� �ideB if j i Ti� i LA O I, z S IiF11 t O 2021-279: Request for Preliminary Plat approval of Doguet's Diamond D Ranch, Phase C, Jefferson County, Texas. plicant: Donald King of Fittz & Shipman, Inc. cation: Crossing Diamond D Drive at Brangus Trail Drive 1,000 2,000 1 1 Feet DATE: September 20, 2021 TO: Planning Commission FROM: Chris Boone, Director of Planning and Community Development SUBJECT: To consider a request for approval of a Replat of a portion of Lot 10, Block 5, Fourth Street Acres, Beaumont, Jefferson County, Texas. FILE: PZ2021-280 STAFF REPORT Blythe Hukill has requested approval of a Replat of a portion of Lot 10, Block 5, Fourth Street Acres, Beaumont, Jefferson County, Texas. The plat will divide the property located at 2775 61h Street into three (3) buildable lots. The property is located in flood zone X and the proposed lots will meet all minimum lot requirements. Water lines have not been extended along this portion of Oh Street. For the new lots to have access to water, the lines will need to be extended at the developer's expense. In addition, no utility easements have been provided. The Subdivision Ordinance Section 26.03.011 states, "Utility easements and water and sewer facilities shall be provided by the subdivider in accordance with the standards and specifications for minimum water and sanitary sewer requirements ... " The Planning Staff recommends approval with the following conditions: 1. Water lines of adequate capacity, as approved by the Water Department shall be provided at the developer's expense prior to recordation of the final plat. 2. Provide a 10' wide utility easement along the front of the properties. Exhibits are attached. PUBLIC NOTIFICATION Notices mailed to property owners 14 Responses in Favor . Responses in Opposition GENERAL INFORMATION/PUBLIC UTILITIES APPLICANT: Blythe Hukill PROPERTY OWNER: Terentia B. Young for PYT Properties L.L.C. LOCATION: 2775 S. 6'h Street EXISTING ZONING: RS (Residential Single -Family Dwelling) PROPERTY SIZE: 0.4529 acres, more or less EXISTING LAND USES: Residential FLOOD HAZARD ZONE: "X" - Areas determined to be outside 500-year floodplain SURROUNDING LAND USES: SURROUNDING ZONING: NORTH: Residential RS (Residential Single -Family Dwelling) EAST: Residential RS SOUTH: Residential RS WEST: Residential RS COMPREHENSIVE PLAN: Conservation and Revitalization STREETS: S. 6th Street Local Street with 60' right-of-way and a 18' pavement width. DRAINAGE: Open ditch WATER: N/A SANITARY SEWER SERVICE: 18" sewer line PROPERTY OWNERS NOTIFIED WITHIN 200', WITHIN SUBDIVISION BOUTTE JOANN BUTLER WILLIE LEE III DAVIS HERMAN J JR ET UX DAVIS HERMAN JR NASH HEATHER ANN & WILL EDWARD OROZCO JAVIER PEDRO PARDO JOSE JAIME GUZEMAN PAYNE GLORIA PYT PROPERTIES LLC RUIZ JOSE ISABEL SAAVEDRA PABLO SAMS BREXTON C UDIPROPERTY BEAUMONT Planrtiniq &CgrrtmtKiiky Dwelg}unpnt Property Information SUBDIVISION APPLICATION ❑ Preliminary Plat ❑ Amended Plat 0 Final Plat 0 Replat ❑ Minor Plat 0 Vacate Plat Sebdti—1 Name Addrem/lo tlon Fourth Street Acres 2775 S. 6th Street, Beaumont, Texas 77705 Let(,]: elod.tr]: Portion of Lot 10 5 d of Aces 0 of Lots 9 of 'Alm 0.4529 3 n/a licant Information Name: Camparp. Blythe Hukill Access Surveyors, LLC Mallloj Add,esr. Mr. 5vlr. ilp: 11025 Old Voth Road Beaumont TX 77713 Phone: Finad; Phone: (409) 838.6322 rpls5163@aol.com Owner Information Name: Terentia B. Young (Authorized Representative) Company: PYT Properties L 1, L W49i gAddresr; chr. Star. 21p: 1223 S. Teal Estates Circle Fresno Texas 77545 Fn��e (713) 320-8064 E1i t theyoungproperties@yahoo.com Z( 0.WS 5%,,M Date —C Appr—tslynaaae Date Applicant check(✓) City Check(✓) Checklist of items required on PLAT to be filed: 1. Title or name of plat, meridian north point, scale of map and vicinity map. 2. Definite legal description and identification of the tract being subdivided. 3. All block, lot and street boundary lines referenced to Texas State Plane Coordinate System. r/ 4. Building Lines and easements. r/ S. Actual width of all streets, measured at right angles or radially, where curved, shown on map 6. All necessary dimensions accurately displayed 7. Names of all streets and adjoining subdivisions shown on map 8. Benchmark elevations on map V/ 9. Flood zones, boundaries and elevations shown on map 10. Addresses clearly displayed 11. Description and location of permanent survey reference monuments for full subdivision plats 12. Certificate of ownership signed, stamped and notarized 13. Certificates of approval from City and County shown on map r/ 14. All legal restrictions and regulations placed an the approval of plat shown clearly on map Checklist of items required on Preliminary Plat map: 1. Title or name of plat, meridian north point, vicinity map and name and signature of owner. 2. Written evidence of ownership. 3. Scale of map shown on map, map to be drawn on a scale of one hundred (100) feet to inch or larger. 4. Location of existing blocks, lots, alleys, easements, bullding lines, natural features and buildings. S. Existing and proposed streets with street names. 6. Plan'of subdivision with blocks, lots, alleys, easements, building lines, parks and dimensions. 7. Location of existing and proposed sewers, water, gas mains, as well as storm and drainage easements. 8. Topography if the surface is markedly uneven. 9. Boundaries and elevations of all areas located in the flood hazard. 10. Location of all existing pipeline easements with size, type of product and pressure. 11. Name of registered surveyor/engineer responsible for preparing the plat. 12, List of all restrictive covenants, conditions, and limitations to govern property being subdivided. LAW Wtia r� slrnaw,eel rearonalbk EaF�eer/surveyor Dale AppllmtionAc ce: PLANNING 8: COMMUNITY �� ,) 1 DEVELOPMENT s¢naNre �` D,k T 409.880.3100 F 409.880.3133 PO Box 38271 Beaumont, TX IV 'WSJ Commercial • Residential • Industrial Surveyors, LLC Fii-in No. 10136400 July 15, 2021 City of Beaumont Planning & Community Development Department 801 Main, Suite 201 Beaumont, Texas 77701 Attn: Chris Boone — Director Ref: Fourth Street Acres, being a Re -Plat of a portion of Lot 10, Block 5 conveyed to PYT Properties, lying in the David Brown Survey, Abstract No. 5, Jefferson County, Texas. Owner Info: PYT Properties Mr. Boone: Transmitted herewith is a Re -Plat for your review and acceptance located at 2775 S. 6th Street, Beaumont, Texas 77705. The purpose of this Re -Plat is to divide the portion of Lot 10, Block 5 owned by PYT Properties into three lots. Thank You, Blythe Hukill Attachments: Plat Application Tax Certificate Email Electronic File (dwg, shp, pdf) (5) 24' x 36" Plat with Legal Description Page 1 of 1 11025 Old Voth Road, Beaumont, Texas 77713 Office: (409) 838-6322 Fax: (409) 838-6122 Email: rpls5163@aol.com Web: www.access-surveyors.com � F .� gaz FFFF�§§�eueE pY z. 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Applicant: Blythe Hukill of Access Surveyors. L.L.C. Location: 2775 S. 6t" Street 0 100 200 300 400 1 1 1 1 1 1 Feet tL- Le'g end I 1a SIR-S I' !� � � �' i •f � _ � `_y�r;a:ri7 h � may. - �'• .._ fox 411. ROBER+TS STD (n R-S - APRgIFtfEAAWN I I ' �, I � 11 I'. I' I. � { t' I lsn. ter• � 'R2.3 , �y ` -• ' � ' � ICA BELL AVE I RCS IR-S i i DATE: September 20, 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: PZ2021-243 STAFF REPORT Scott Hollemon and the heirs of the A.J. Fasulo Estate have requested that the City of Beaumont accept maintenance of the private drive east of Wescalder Road and north of Baker Road, 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 — Engineering did a survey and analysis of the streets and drainage infrastructure. The existing pavement was found to be composed of a mixture of gravel, chunks of concrete, milling material and asphalt. The entire pavement is in very poor condition and requires a full rehabilitation. The drainage infrastructure is comprised of an open ditch and driveway culvert network. The ditches have been poorly maintained and not graded properly to drain. A majority of the driveway culverts are not set properly to drain water effectively. There are several buried culverts that are impeding drainage. Water Utilities — a review of the plat and construction plans shows the water lines are not located within a utility easement dedicated to the City of Beaumont. Due to the unknown condition of the water and sewer lines, it is recommended to delay acceptance until water meters are relocated to meet city standards and sewer services are verified to not run within private property. Fire Department — Fire Marshal Condina reviewed the site and the Fire Department has concerns about the width and load limits of the current private street. City streets must have a 75,000 pound load limit rating and be wide enough for a fire apparatus. A majority of these streets are narrow being approximately 10'-12' wide. Solid Waste —Solid Waste provides garbage service to 2425 Wescalder Road. If the City provides solid waste services, improvements to the roads will be required to maintain the weight of the garbage trucks. Due to the narrow width of the streets, having no fire hydrants along the streets and load limit concerns, it is recommended by Public Works to reject the request until upgrades to the streets have been completed. 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 Tract 21, part of Lots 4-5, Block 8, Wescalder Fig Acres, Beaumont, Jefferson County, Texas, containing 2.1133 acres more or less. GENERAL INFORMATION/PUBLIC UTILITIES APPLICANT: Scott Hollemon and the heirs of the A.J. Fasulo Estate PROPERTY OWNER: LOCATION: EXISTING ZONING: PROPERTY SIZE: EXISTING LAND USES: FLOOD HAZARD ZONE: SURROUNDING LAND USES: NORTH: Residential EAST: Residential SOUTH: Residential WEST: Residential COMPREHENSIVE PLAN: Heirs of the A. J. Fasulo Estate 2405 — 2499 Wescalder Road RS (Residential Single -Family Dwelling) —2.1133 acres more or less Private Drive "X" - Areas determined to be outside 500-year floodplain SURROUNDING ZONING: RS (Residential Single Family Dwelling) RS RS RS Neighborhood Growth Unit DRAINAGE: Open ditch 'Z2021-243: Request for the conveyance and dedication of private streets and nfrastructure to the City of Beaumont. applicant: Scott Hollemon and the heirs of the A.J. Fasulo Estate (Fig Acres Addition) ,ocation: 2405 — 2499 Wescalder Road 0 100 200 300 400 1 1 1 1 1 1 Feet � `�: - � .-� ,�~~+,� � 7 ��r-. �r l r } �, i' �� l%,,:� i�ti�',C�f� �': i'J ��,• 1 ,' • ��. y`+ I�'�l 3 �'' a s+ A 4 ,'� _i �S = �. ��S' 1} �1Cf1`yy r'.Y�-• 1 ��' '�. 1 �� r gend','. ��+,► .. ; � ,1 �e, ,�`.^ '•�f`r .��' 1 at ,'+fM,_ "�:�,�s�;. '� d`A�, -243' 1 .6 RwS 77 m: �• ,A rn 1 Ir ! R-Sl" �aa Q ):9��E IF Ll BAKER RD�� 777 10 i RCS �. �cn_L- !�Ll Ri'g_ 'z R -- T �`,i ��ti{\!{�s �Y�,!!• •'�i Hi�~i f ��,r1�.. 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P '� f .�; t'` u i l � BEAUMONT I T E X A S INTEROFFICE MEMORANDUM City of Beaumont, Texas Date: July 9, 2021 To: Kyle Hayes, City Manager From: Bart Bartkowiak, Public Works & Technology Director Subject: AJ Fasulo Estate — public street request COMMENTS Attached for your review are the Public Works/Engineering, Water Utilities, Fire Department and Solid Waste recommendations for the AJ Fasulo Estate request for the City of Beaumont to consider accepting the private streets as public streets. Solid Waste — Solid Waste provides garbage service to 2425 Wescalder Road. If the City - provides solid waste services, improvements to the roads will be required to maintain the weight of the garbage trucks. There will be no additional expense to provide solid waste services. Public Works/Enaineerin -- Engineering did a survey and analysis of the streets and drainage infrastructure. The existing pavement was found to be composed of a mixture of gravel, chunks of concrete, milling material and asphalt. The entire pavement is in very poor condition and requires a full rehabilitation. The drainage infrastructure is comprised of an open ditch and driveway culvert network. The ditches have been poorly maintained and not graded properly to drain. A majority of the driveway culverts are not set properly to drain water effectively. There are several buried culverts that are impeding drainage. The estimated cost to improve the drainage and bring the streets up to code is $455,630. A detailed cost estimate is attached. Water Utilities — a review of the plat and construction plans show the water lines are not located within an utility easement dedicated to the City of Beaumont. Due to the unknown condition of the water and sewer lines, it is recommended to delay acceptance until water meters are relocated to meet city standards and sewer services are verified to not run within private property. The estimate to construct new water lines, sewer lines and water meters within the public right-of- way is $342,908. A detailed cost estimate is attached. Fire Department — Fire Marshall Joe Condina reviewed the site and the Fire Department has concerns about the width and load limits of the current private street. City streets must have a 75,000 pound load limit rating and be wide enough for a fire apparatus. A majority of these streets are narrow being approximately 10' to 12'. Due to the narrow width of the streets, having no fire hydrants along the streets and load limit concerns, it is recommended to reject the request until upgrades to the streets have been completed. The Fire Department currently provides fire protection for the structures within the neighborhood but there are concerns about accessibility and lack of fire hydrants. If you have any questions, please do not hesitate to contact me. cc; Chris Boone Tyrone Cooper Joe Condina. Molly Villarreal Bengy Williams Antoinette Hardy d d C. o d d o d o d O O d d d O d d d d d d p O 0 O [ 0 N 0 Vl 0 O o d �1D Ln 00 N o O d 0 O d 0 O V) o O N vi l-- oo C em tr cr to 00 co d N Ij' m 116 N 'd' O m 00 'a' M rn Ln ,d O H 64 69 69 69 69 69 69 69 69 69 64 d O O O O O O O O O O O O O O Ln O O O O O O O O O O O O O In O d m N Ul N N m d m O o o N N H o O U h A N 69 69 64 69 69 69 69 69 69 69 69 cn m HCIO a a a a Wa H .. o W � O U 0H�A o U a w��D O r. " C7 O o o O P, GO 'a4 :� U .� P,C>W C7 U coco AW U N Pw, a V] N CD Ni O H w o w pq O o � W A W� � P; U O Z H 69 w a0 �Pk W w � N ) (�] O�pq �C U Fr, w }= U d ko d kD d CDam kD m M CD CD 1,0 d d iD d CD ID o CD ID o �,D CD d kD CDCD o kD 0 z o 4 VW1 0 � O v) O to Om Ln ' N N � 0) N 0� F a 0 0 0 0 m of v W R 9ogoorNj N h e 0 H 00 e �rmn�h 0o eo 91. W - C N s N N N N N N N N N H N Np N N N 88 O S 0 $ o oo 0 o d •� .1 C q V O ry rv. n h N Eu Sy W P 3 ti 8 3•a Uwa d �t �7 ' H a a w F� xaa � fin.. �s�r� y � s�c`a will b Rib F f A jig z� e 0 H Is 14 19 W TEXAS INTER -OFFICE MEMORANDUM City of Beaumont, Texas Date: June 30, 2021 To: Molly Villarreal, P.E., City Engineer From: John Pippins III, EIT, Water Utilities Design Manager Subj ect: AJ Fasulo Estate (Wescalder/Fig Acres) COMMENTS Our office has reviewed the AJ Fasulo Estate (Wescalder/Fig Acres). This review and analysis was in response to a request for the City to accept the private streets and infrastructure for ownership and maintenance. A review of the plat and construction plans shows that the water lines and sanitary sewer lines are not located within a dedicated utility easement. Water Line Items: 1. All existing water lines throughout the property are private. 2. Water meters are located along city right of way on Wescalder Rd. 3. The condition of the water lines and related appurtenances is unknown. Sewer Line Items: 1. A section of the existing private sewer line location is known but existing service lines are unknown. 2. The condition of the sewer line and related appurtenances is unknown. I recommend delaying acceptance until water meters are relocated to meet city standards and sanitary sewer services are confirmed to not run through private property. Attached is a copy of the water map, sanitary sewer map, and original plat for your reference. A detailed review of the work order history for the development can be performed, if needed. If you need any additional information, please call me at 409-785-4702. c: Antoinette Hardy, Real Property Coordinator Bari Bartkowiak, Director of Public Works & Technology Services Cd 1001 .26 ADL (N co EWRIN .811 vc- )6o s 6 S- 00 HOLTO� U5 as J co CO co 811' B"HPPE108 259b 2630 07, k. a) U) Z-t 6 P, co � v as A DU /ter E B R LN o 0 2 8' Ha U w o to ac 2YA00 oz o IP 14-1NU-07 2595 l 2 nr Oil co 2590 2630 �2610 2620 zO b] U - '9 > I 00 Z lLi �,,, -60 re °zl IV.' -'i, I c q �rvo m -3 '0� L2)LAUGv©V1`f Public Works PRIVATE STREET — INTEROFFICE REPORT FORM Request for Acceptance of Maintenance Name of Subdivision AJ -1 a5odD F-5+o-+e Request Date: 3 ' 8' '9-1 �U'e5 bolo Okw-v Review Committee City Attorney Planning & Zoning COMMENTS: S Approved Approved Denial Denial t ( r6ad Solid Waste Approved ✓ Denial Water/Sewer Approved ✓ Denial Fire Marshall Approved ✓ Denial Streets & Drainage Approved ✓ Denial Engineering Approved Denial COMMENTS: Imo, eq ues+ mmd+ 7. 7• 9 I Antoinette Hardy Date hot t�xe Cik,t (does not smct• U I -�— ( -t ) finlho 3 ��• a"� Date Submitted to Departments Recommendation Memo submitted to P&Z 4e A Acws W*01 Owe fm ol Q� U 3fAjoedy I rrc�+�s sn el RECEIVED Date: 3 • S • p l By: LETTERS OF INDEPENDENT ADMINISTRATION WITH WILL ANNEXED No. 102865 THE STATE OF TEXAS X IN COUNTY COURT COUNTY OF JEFFERSON X JEFFERSON COUNTY, TEXAS I, CAROLYN GUIDRY Clerk of"the,gCouritx Cbur:t ofJefferson County, Texas, do hereby certify that on the 31st day<°of :MAX , `^2.011. HAYES, OjANNA .cT was by said Court gra tedAL _ hett`6i's;_ -bf Independent Adminaf ration' wit..Will Annexed upon the Estate of: FASULO,, LARX AItNF�T�, deceased, and that on tie ;31H l da�y'dt MAY, 011, she duly lc uAiified as. ,siich as the law requires, and th#t said appq%ntm z t `s'" o"�1 n fu], forge .and effect: , Given undej my hand and 'seal of offi, et t. Beaumont; xas,;;this the 6th day of '! t JUNE, 2017. '` a. ```\``��11ll+llllllJjjjrj r GUIDRY `� ,r\ '••y!�� ,� ~ �- Clerk, County Court, p r Jef"tersbn_=Coufity, Texas •ly �rrrrrrluult+++�`� Re ekah Ukoh, Deputy LIAWA City of Beaumont Private Street and Infrastructure Acceptance Application Date at Subdivision Name: AeS Fftsulob 4 Phases; Contact Name Address ZIP Phone 44,01-VI TMail do AVjj&yUW REQUIRED DOCUMENTATION SUBMITTED WITH THIS APPLICATION: 2/1'e,opies of the recorded plat B'/ Easement documents ❑ Construction and maintenance records ❑ Home Owners' Association rules, deed restrictions and any amendments ❑ Recorded Member Vote requesting private street(s) to becomepublic streets) NOTICE: BY SIGNING THIS FORM I ASSERT THAT I AM A REPRESENTATIVE OF THIS SUBDIVISION PROPERTY OWNERS' ASSOCIATION AND HAVE BEEN DULY AUTHORIZED TO SUBMIT THIS REQUEST ON BEHALF OF THE ASSOCIATION. ALSO, I HEREBY ASSERT THAT ALL REQUIRED DOCUMENTATION IS BEING SUBMITTED AT THE TIME OF APPLICATION. ALSO, I AGREE TO ADHERE TO THE "GUIDELINES FOR ACCEPTANCE OF PRIVATE STREET AND INFRASTR UCTURE FOR MAINTENANCE BY THE CITY OF BEAUMONT," AS ADOPTED_ BY THE CITY COUNCIL OF THE CITY OF BEAUONT, TEXAS. I ALSO DECLARE THAT THE INFORMATION PROVIDED ON THIS FORM IS TRUE AND CORRECT. CNOZ-s SIGNATURE OF AUTHORIZED AGENT DATE SIGNATURE OF AUTHROIZED AGENT DATE ACCEPTED BY: DATE RECEIVED: � B[40MON*� '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 (tw(-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 " N, r + Name of Subdivision:AJ Fosuip f_ i Fi Ac;rr Ll�dda011L Name: a&ah m Phone: A(A 004� 144.0 Email: Submit Petition tot City of Beaumont Engineering Division J PRINTED NAME & ADDRESS (irtuil be le lble SIGNATURE PARCEL ID NUMBER 1 Sum11aNt; M. a4qa t.,t d6eA) ,tr r m �� ! 1 G 5 9 2 she+S V- 5V4WWAr L01.1 i are u9Sw0rm 94VOW0111X im � & 55 3 cJAM0 W46 Z. ke L. 0,01 t4)e, dlit r rot �+►+ ►� 4 WWI► OaMe5b.l lfv NAML. tl wtuoldec tote �mb s MI*w5 mt . C aim t� 3+h5 'DtcKl a .ski , � ,� �► l l l Cc'r5l Beagaine� T 6 q A 045g *Q W14& N � Otck l I I Cv54 om -� ., tm,� 7 jdde$ fi%dce SA WA ft q a0l W¢:5v,)c r ctl �,,#%,�+ 11 L U41 8` � �d Canny L5$11 a!�g�cald�F tad. i 1 y tY'10�.1t IX i 1 PRINTED NAME & ADDRESS SIGNATURE PARCEL ID NUMBER (niusi be legible) i0 Ti eu Torn TtjoN cao uy Titu w L 44 fmoNt Tx o? 4rr'4Tg 11 Se Mar wt„�cq,IdR�ri'dJ' r �1'1'ro7 I l I Co �J 12 �rot(%5 Lawov-da zy. � MAT?*. a, 115p4 pU664A rd M Yx rro� M a r/A , 13 �,�w►15 Ti��a«t yy m o1Ky5 We�aalc�tc f�� la pa ct 4ordou a455 wtmAkatr cot is Tv jfaSutO X Jr. rok ! I tO L 16 17 18 19 20 21 22 23 24 rI � 219a i I III IM in 200 GIANT OF ROADWAY EASENEN'T TO THE PUILIC TM STATE of "xAS 1038M RAW ALL HEN BY TUBE MSIMI COUNTY OF JEFFEISON i That we, ANiNONY J. FASULO, SR., and NARY ARMEL FASULO, being the owners of the lends located in Jefferson County, Texas, being ■ore fully described as follows, to-witt BEING a 40 foot Vida tract of land out of Lot 3, Black 8, of weecalder Fig Aorta Addition, a •ubdivieton recorded in Vol. 4, Page 149-130, of the Hap Records of Jefferson County, Texts, and said 40 foot wide tract of land being Tors particularly described by notes and bounds me followst FOR locative corner begin at a concrete monument in the Want line of Wescolder Road locating the Northeast corner of the Amelia Tarraoe Subdivision; T1ICNCE East a distance of 55.0 tut to a point in the East rig�t-of-Vey lint of Wescalder Pad; WENCE South with the East line of Neecalder Road and at 1584.0 feet pats the Northwest corner of Lot 61 Block S. of said Waecalder Fig Acres and continue a total distance of 1866.3 fast to in iron stake placed for corner locating the Northwest and the beginning corner of the tract of land herain described; said iron stake also locates the Southwest corner of a previously described 1.41 acre tract; THENCE East with the South lint of said 1,41 acre tract and with the North line of amid 40 foot private road a distance of 877.0 feet to a point for corner in the East lint of amid Lot S; TIENCE South with the East line of Lot 5 a distance of 40.0 feet to A point for curnar; 711ENCE Want with the South lint of said 4D foot private road a distsnee of 877.0 feet to a point for corner in the East line of Wescmlder Road; THENCE North with the said lies a distance of 40.0 feet to the place of beginning. do hereby declare that amid lands are dedicated, and tht ease are hereby dedicated to the public forever to be used to ■ public roadway. uI 55 the execution hereof on this, day of �r�1/ �M 1919. L �� A. . FASULU, SR. A U 76; 'M-M OF Mum COUNTY OF JEFFEREON BEFORE HE, the undersigned authority, on this day personally appeared A.J. FASULO, SR., and wife, HART ARM FASULO, known to ma to be the persons whose nanee are subscribed to the foregoing instruatnt, end acknowledged to ae that they executed the acme for the purports and considerat4gn therein exprseetd. 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R1 Gw , /arlr, � nY,rl%; tS`%_.l. a--�w-r• s�>+M � . r • t BEAUMONT Public works PRIVATE STREET Request for Acceptance of Maintenance Na w of Sumvww km )k1z SW,4 quest pate: APPLOWN CHECKLIST Letter of Request Data Received: Easement D cument(s) Date Received: of Deed Restrictions Date Received: tCopy Copyof Home Owners Assodation Amendments Date Received: Copy of Recorded Plat Date Reoeived: V& All Records of Past Conshdon & Repairs Date Received: R/A Home Owners Association Bylaws & Rules Date Received: ✓ Private Street Acceptance Application Date Received: Recorded Member Vote for Public Street Data Received: Please submit the above item marked with an T within thirty (30) days from the signed date below so your request is not delayed. Ardolnette Handy Real Property Coordinator Office: 409.880.3725 Email: ahardy�aumonbxas,gov a.4a-1 Date � ale Faye 5 `rhe 140 0� 7h e 4,J. raSO6 rS41 S Ae e4l 5 � Fake over 0wAtf5h' p MalCC � �'I�e. r^oao� wa Gasr�eN� W�'�� rltd Our u�A��bA Ald; u 6 l'o jj�cerl� / 0 ms". "Urma4 Jw li 2 So M tO a r.+.+�••rw 5'7fi826 CdVEMAaP FM PRIVATE &QMY TNt STAIR or rms X i"i%$i11 x Cou"T of JEFl►Smcid x VRIM 48, R. J. lASUM and wife MAAY hUW- FAMW (herein— after referred to an '!A&OLCB'), airs the owners of a certain tract of land described in doed from Sohn 9 Payne to A J. FASULO dated April 12, 1969, out of the Weacalder Fiq Acres Subdivision, Jefferson County, Texan, as shown in the Map or Plat of said aubdzviaxon, recorded in Vol. 4, page 149 and 150 Plat Records of Jefferson County, Texas, hereinafter refarred to as "TRACT A•; and WHSREAE, FM ULos dealLe to Bract certain isprovesMnta on a certain portion Of said TRACT A (hereinafter rafarrod to as "TAhM RI) yore particularly describad as follows, to -wit: A part of Lots 5 i 6, Block B of Weacaldar Fig Acred Subdivision, Xiefferaon County. Texas# according to the plat recorded in Volume 4, pages 149 and 150, Plat Records of Jeffersoa County, Texas, BWXRSIMG at the Morthvest corner of said Lot Six (6), block Sight (0), W. THRS Easterly 275 flat with the Borth lima of Said Lot six (6), Block Bight (0). THnwn Southerly 164 feat parallel with the West line of said Lot Six (6). Block Bight (8) to the PLACE or BBAIHMTW of the tract herein das"ibadt THAICS Sasterly 95 feet parallel with the (forth line of said Lot six (6), Block Eight (8). to a point for corner; wtumcE 8outharly 106 feat, parallel with the bast line of said Lots S i 6, Block (8), to a point for corner, THBMCE Witaterly 95 feet, parallel with the Borth line of said Lot Rive (5), block Eight (0), to a point for corner; TH MCB Northerly 106 feet, parallel with the Waist line of said Lots Five and 81x (S) (6). eloek Eight (6), to beginning corner and PLACE OF UGC, Nl7M�V i� U5 WXTMR88 OUR BARDS thas -_Z!day of-�y 1969. A. J. asulo ve1w J4 Hary real Fasulo TR6 O%TR at 2208 X fD ,CO=T'Cv JMtdiw (m XX DIMR HE, the und■rsagned autharity, on thin day person- ally appeared before as A. J. FAAULO and wife NARY MML PAGUW known to we to be the pauson■ whose mass are'subscrabad to the above and fore9oxn9 anetrusent, who acknowledged to se that they executed the ease for the purposes and connlderetlon therein stated. H� MrrKM MY MM AWD ORAL 01' C"NE, thas day of No ary Yubllc, Jefferson County, Texas. y i - I t� A: of.7v 6 Z' Sir ,6YdeerP IPd 1 , i scale /S_A711 EXHIBIT A .1 MD Ian Deem, taau 776801 ,Iw 12 9 so AN M i ........wrrrr City of Beaumont Private Street and Infrastructure Acceptance Application Date 3 , g - ap �L j Phages: Subdivision Name: r 0. �h,qm Contact Name Address ZIP Phone mail y�i-le)4-9G�J"4 hollem�t� REQUIRED DOCUMENTATION SUBMITTED WITH THIS APPLICATION: Copies of the recorded plat LY Easement documents ❑ Construction and maintenance records ❑ Hpme Owners' Association rules, deal restrictions and any amendments ❑ Rtcorded Member Vote requesting private streot(s) to become public street(s) NOTICE: BY SIGNING THIS FORM I ASSERT THAT 1 AM A REPRI35ENTATIVE OF THIS SUBDIVISION PROPERTY OWNERS' ASSOCIATION AND HAVE BEEN DULY AUTHORIZED TO SUBMIT THIS REQUEST ON BEHALF OF THE ASSOCIATION. ALSO, I HEREBY ASSERT THAT ALL REQUIRED DOCUMENTATION IS BEING SUBMITTED AT THE TIME OF APPLICATION. ALSO, I AGREE TO ADHERE TO THE "GUIDELINES FOR ACCEPTANCE OF kivATE STREET AND INFRASTRUCTURE FOR MAINTENANCE BY THE CITY OF BEAUMONT." AS ADOPTED BY THE CITY COUNCIL OF THE CITY OF BEAUONT, TEXAS, I ALSO DECLARE THAT THE INFORMATION PROVIDED ON THIS FORM IS TRUE AND CORRECT, SIGNATURE OF AUTHORIZED AGENT DATE SIGNATURE OF AUTHROIZED AGENT DATE ACCEPTED BY: DATE RECEIVED: BEAUMON* PUBLIC WORKS DEPARTMEN VENGINFERING DIVISION PETITION FOR ACCEPTANCE OF PRIVATE STREETS AND INFRASTRUCTURE The undersigned owners of real property abutting or having sole legal access to the hereafter rond in the City of Beaumont, Jeffetson 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 inftwmeture 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 Roaumont as labeled Exhibit "A". Name of Subdivision: Faso O_ - / F41 AareS A ddAi tMiove Name: AI -A , } lQ,�i _ Phone: _ IJA 9044 1-76,;0 Email: Al /A� •i10_11�C ti'laN•i+tY►�OwG 01"'� Submit Petition to: City of Bestnmont Engineering Division PRINTED NAME & ADDRESS SIGNATURE PARCEL ID NUMBER must be legible) 1 Fryar Rose -Ma 25 wescalaw 1 &53 2 TOrMS LfON ar V. 11 vo "d )11 (0 --ry 77ta5 Y' ° 0 3 L,ewk,S A4 y 5 wesc!lfe- � t mf � fir 77707 0�,t' a "JAry y aNN ay 15 Oviculdet- �� I l I (del '17'?07 5 Ad 4W5 Kevi N 4 earoyN i2 q l l &0,e6C 4 III rp(r Z 'rxrot 7'!'7o 6 48u1O fv)a A%'N l wNnta Haas ,9,y t15 way I I It L 3 Y1-r07 7 Orr W ter+ pfn0 a. � I l qoafn �; 0. po bx 54w may t -I T7 io 8 DATE: September 20, 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 an ambulatory surgery center in a GC-MD-2 (General Commercial — Multiple -Family Dwelling — 2) Zoning District. FILE: PZ2021-299 STAFF REPORT Occu-Health Surgery Center is requesting a Specific Use Permit to allow an ambulatory surgery center at 6510 Folsom Drive. The primary use of the property will remain a clinic open 9 a.m. till 5 p.m. Monday thru Friday. In addition to a clinic, the applicant intends to focus on occupational medicine and surgery. Some surgeries may require an overnight stay and surgeries may be performed seven (7) days a week. The maximum number of patients staying overnight will be limited to three (3). Staff recommends approval with the following condition: All building and fire codes related to the use must be met. 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 31 Responses in Favor Responses in Opposition LEGAL DESCRIPTION FOR ORDINANCE PURPOSES Being Plat RS-4, Tract 1-V-3, W. B. Dychess Survey, Abstract 17, Beaumont, Jefferson County, Texas, containing 3.63 acres, more or less. ANALYSIS CONDITIONS FOR APPROVAL OF SPECIFIC USE PERMIT (SECTION 30-26.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 INFORMATION/PUBLIC UTILITIES APPLICANT: Occu-Health Surgery Center PROPERTY OWNER: Jay Mackey LOCATION: 6510 Folsom Drive EXISTING ZONING: GC-MD-2 (General Commercial — Multiple -Family Dwelling — 2) PROPERTY SIZE: —3.6 acres EXISTING LAND USES: Commercial FLOOD HAZARD ZONE: X — Area determined to be outside the 500 year flood plain and X500" SURROUNDING LAND USES: SURROUNDING ZONING: NORTH: Residential RM-H (Residential Multiple -Family Dwelling — Highest Density) EAST: Conuuercial GC-MD-2 (General Commercial - Multiple Family Dwelling District - 2) SOUTH: Vacant GC -MD WEST: Vacant GC-MD-2 COMPREHENSIVE PLAN: Neighborhood Growth Unit STREETS: Folsom Drive - Secondary arterial with a 100' wide right-of-way and a 56' pavement width. Pointe' Parkway -Major collector with an 80' wide right-of-way and two 24' pavement widths with a 10' median. DRAINAGE: Curb and gutter. WATER: 16" water line SANITARY SEWER SERVICE: 42" sanitary sewer line PROPERTY OWNERS NOTIFIED WITHIN 200T ALLTOP JEREMY C ALSDURF MARY L ARFEEN OMAIR BAXSEN BUILDERS LLC BEAUMONT COUNTY PARCELS LLC BEVILACQUA INVESTMENTS LLC DURHAM JAMES E GUSEMAN CONSTRUCTION LTD HAWKES CHARLES KEITH & HIGHLANDS POINTE' OWNERS ASSN HUNG LE CUONG JEFFERSON COUNTY D D 6 JUANSRICH LTD LANE JOANNE D LIGHTY FRANCES H LIMING BARBARA LINK MARK & CAROLYN MIDDLETON MARGARET CHARLOTTE N & N BEAUMONT LLC NANCE DANICA PEEBLES ROBERT H & GRETA F POINTE PARK HOMEOWNERS ASSOCIATION SCOTT PRESTON & CATHERINE SMITH KENNETH E JR & BARBARA E SNELSON ALEXANDER C & DENA TOUCH AND GO LP TRAYLOR GEORGE W & KATHY WHITE DENNIS P & JAY A BEAUMONT Planning & Community Development Case Type:Planning and Zoning Case Status: PAY FEES Case Sub Type: Specific Use Permit Tag Name: Ambulatory Surgery Center Case #: PZ2021-289 Initiated On: 8/25/2021 9:41:54AM Location: 6510 FOLSOM DR, BEAUMONT, 77708 Individuals listed on the record: Applicant Occu-Health Surgery Center 6510 Folsom Dr Beaumont, TX 77708 Property Owner Jay Mackey 918 Knox St Houston, TX 77007 Tisha Self One Acadiana Court Beaumont, TX 77706 Case Type: Planning and Zoning Case#: PZ2021-289 Home Phone: 8324916695 Work Phone: Cell Phone: 8324916695 E-Mail: jaymackey32@gmail.com Home Phone: 8324916695 Work Phone: Cell Phone: E-Mail: jaymackey32@gmail.com Home Phone: 4098335055 Work Phone: Cell Phone: 4096580330 E-Mail: tisha@cbcaaa.com Page 1 of 2 Printed On: 8/25/2021 BEAUMONT Planning & Community Development Legal Description Ambulatory Surgery Center Number of Acres 3.60 Proposed Use Surgery Center That the specific use will be This business will augment the adjacent occupational medical compatible with and not injurious to facility. the use and enjoyment of other property, nor significantly diminish or impair property values within the 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: We will not impede any development or surrounding businesses Utilities have been provided Yes. They are already in place Yes. Preventative measures will be in place. Yes. No additional lighting will be added as as to disturb neighboring properties. Landscaping will be maintained. The property will only be used as outlined in the comprehensive plan, yes. Case Type: Planning and Zoning Page 2 of 2 Case #/: PZ2021-289 Printed On: 8/25/2021 Summary of Beaumont Occ-Med Market Occu-Health Surgery Center has identified a property in Beaumont, TX that is ideal for the placement of an Ambulatory Surgery Center. The consideration for this geographical location came about through a meeting with Prime Occupational Medicine (POM). This group is the leading occupational medicine clinic in the Louisiana market and has recently made an aggressive expansion into the Southeast Texas Market. POM engaged Occu-Health ASC with the task of creating a Surgeon Network that focuses on the surgical treatment of patients with Industrial Injuries - a significant niche market in the area currently devoid of a satisfactory solution. The only private group of orthopedic and hand surgeons was recently acquired by a large health system that does not focus on occupational medicine. Additionally, there are other large occupational medicine clinics in the area that already refer patients to Dr. Verma. These include NOVA, AFC Urgent Care, Occupational Medical Care Nederland, and Golden Triangle ER in Port Arthur. Thus, this market would act as a natural addition and adjunct to the Houston Area project. The Golden Triangle (Beaumont, Port Arthur, Orange) has a combined population is 404,000 residents with roughly 100,000 workers employed in the area. Per Texas Workers Comp data about 3 per every 100 workers experience a work -related injury, with approximately another 7% that goes undisclosed to TWC. That accounts for 10,000 cases in the general area that are being treated in either the hospital OR or stand-alone ASC's. With 70% of cases being upper extremity, as hand being the most common work -related injury, there is a budding market of 7,000 case opportunities to be treated by local orthopedic surgeons. It isn't unrealistic that Occu-Health could capture 15% of the existing market. This is independent of any elective cases that local surgical partners will perform at our center. Besides our current relationships in the Beaumont area and the early interest from local providers to work with us, there is another market that we generally never outline in our performance model — Personal Injury (PI). Motor Vehicle Accidents are the number 1 cause of litigation in the state of Texas, with hundreds of thousands being reported in the Golden Triangle region. With our existing relationships in PI and our intimate knowledge in how to process these claims, we can confidently expect this market to increase our volume anywhere from 15-30 cases per month. We have identified interest from a seasoned ASC and Micro Hospital CEO, Pat O'leary. Mr. O'leary has decades of experience running efficient and profitable ASCs and understands how to attract and mobilize local surgeons to the ASC. Mr. O'leary has expressed interest in relocating back to Houston to oversee operations of these two facilities. Lastly, it is our firm belief that with our Occupational Medicine partners, Advanced Surgical Partners, Personal Injury Partners, and the reputations of the practitioners that we have identified to collaborate with, we have a tremendous opportunity to be the premiere ASC in the Gulf Coast that has a primary focus on Workers Comp. MOMME ©�E RON / k i a A A A A FOL-10M DRIB ., DA BODOHfL4U Xf-U, PA (4M)A32-654SVPfi R �Fy �. � A DA78 FAAHLyWD1amHvlDR4G (tM M-NS4FX T ncg ]]]ea C� miff n m mm.x-w »o u ncimir ForsoxDwvsHSAuaroxrrx E. •, �®,.,. § -�'� 97EPUN YkE /iO3cP4(QnHFR) "6isinaY�Or¢°�ioaia ea er eon rnux mcn..ms lOS IXkk15 �n0N PZ2021-289: Request for a Specific Use Permit to allow an ambulatory surgery center in GC-MD-2 (General Commercial — Multiple -Family — 2) Zoning District. pplicarrt: Occu-Health Surgery Center ocation: 6510 Folsom Drive 0 100 200 300 400 1 i 1 1 1 1 Feet XS t.� ; (Legend 289, IRA ._ O NITiE;;pgRK�1_D!R', 1 iAORM-H 'RN 1-H I I ISE ; -RA12H I'! -� " lit 62 (G 7 ter. *FOLS.OM OR DATE: September 20, 2021 TO: Planning Commission and City Council FROM: Chris Boone, Director of Planning and Community Development SUBJECT: A request for a Specific Use Permit to allow medical offices and treatment and counseling facilities, an event hall/community room and community access to sports facilities, outdoor sport fields, concerts and events as well as a community swimming pool in an RM-H (Residential Multiple -Family Dwelling - Highest Density) District. FILE: PZ2021-291 STAFF REPORT Sarah Street Wellness Group is requesting a Specific Use Permit to allow medical offices and treatment and counseling facilities, an event hall/community room and community access to sports facilities, outdoor sport fields, concerts and events as well as a community swimming pool at 3455 Sarah Street. This property was formerly the Melton YMCA. During it's time as the Melton YMCA, most of the proposed uses occurred at this site. The proposed uses should be considered compatible with surrounding land uses. Planning staff recommends approval with the following condition: All Building and Fire codes related to the proposed uses must be met. 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 37 Responses in Favor Responses in Opposition LEGAL DESCRIPTION FOR ORDINANCE PURPOSES Being part of the north %2 of Block 19, 2-B, M.C. Cartwright Addition and the south half of Block 19, 2-B, M.C. Cartwright Addition, Beaumont, Jefferson County, Texas, containing 9.65 acres, more or less. ANALYSIS CONDITIONS FOR APPROVAL OF SPECIFIC USE PERMIT (SECTION 30-26.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: Sarah Street Wellness Group PROPERTY OWNER: LOCATION: EXISTING ZONING: PROPERTY SIZE: EXISTING LAND USES: FLOOD HAZARD ZONE: SURROUNDING LAND USES: NORTH: Commercial; Vacant EAST: Residential SOUTH: Vacant WEST: Residential COMPREHENSIVE PLAN: STREETS: DRAINAGE: WATER: SANITARY SEWER SERVICE: Troy Marsaw 3455 Sarah Street RM-H (Residential Multiple Family Dwelling — Highest Density) District —9.65 acres Commercial X — Area determined to be outside the 500 year flood plain SURROUNDING ZONING: RM-H (Residential Multiple -Family Dwelling — Highest Density) and RCR (Residential Conservation and Revitalization) District R-S (Residential — Single Family Dwelling) District GC -MD (General Commercial and Multiple -Family Dwelling) District and RM-H R-S Conservation and Revitalization Sarah Street — Major collector with 80' right of way and 45' pavement width Warren Street — Local Street with 45' right of way and 18' pavement width Sarah Street - Curb and gutter Warren Street — Open ditch 8" Water line 10" Sanitary sewer line PROPERTY OWNERS located within 200' ADAMS JOHN J ANTIOCH MISSIONARY BAPTIST ARDOIN SHAMAR BABERS JENNIFER BARBER LILLIAN F BARRY MADIE BOUTTE ALISA D COMEAUX ANDRE & MELANIE MOYE COMEAUX COMPLETE MANAGEMENT SERVICES INC DIOCESE OF BEAUMONT DURAL VELMA ELLIOTT TRIMEKA FEIST ALMA GRACE ESTATE GARRETT KAHLA S GETWOOD YOLANDA FONTENO & HARRIS LADEREK JR HARRIS WILLIE A HENRY GLENDA HENRY VELMA T ESTATE JAMES CHRISTOPHER Q & KATHRYN JAMES SAMEKA JEFFERSON COUNTY JONES TIFFANY R LEWIS AL & ANGIE LEWIS ALCIDE A SR & LLLIE A LOEB EVVIA JEAN MAPLE VELMA POWELL SHANA EVETTE REED ROY JR RIDEAU LELA SIMON LINDA SIMS & WILLIE DELAND SNEED GERTRUDE P TAYLOR ROBERT THE BROTHERS CLUB INC VENEY VICKI WINFIELD BETTY BEAUMONT Planning & Community Development Case Type:Planning and Zoning Case Status: REVIEW Case Sub Type: Specific Use Permit Tag Name: Specific Use Permit Only Case #: PZ2021-291 Initiated On: 8/25/2021 4:09:26PM Location: 3455 SARAH ST, BEAUMONT, 77705 Individuals listed on the record: Applicant Sarah Street Wellness Group 3455 Sarah Street Beaumont, TX 77705 Property Owner Troy Marsaw 3007 Caroline Street Houston, TX 77004 Agent Troy Marsaw 3007 Caroline St Houston, TX 77004 Case Type: Planning and Zoning Case #: PZ2021-291 Home Phone: Work Phone: Cell Phone: 7138758868 E-Mail: info@sarahstreetwellness.com Home Phone: Work Phone: Cell Phone: 7138758868 E-Mail: t_marsaw@yahoo.com Home Phone: 713-942-8100 Work Phone: Cell Phone: 713-875-8868 E-Mail: t—marsaw@yahoo.com Page 1 of 2 Printed On: 8/30/2021 BEAUMONT Planning & Community Development Legal Description PT N 1/2 1319 2-13 4.650 AC M C CARTWRIGHT Number of Acres 4.65 Proposed Use Healthcare, sporting events & event hall That the specific use will be We affirm that the specific use will not be compatible with or injurious compatible with and not injurious to to the use and enjoyment of other property nor significantly diminish the use and enjoyment of other property values within the immediate vicinity. property, nor significantly diminish or impair property values within the 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: Case Type: Planning and Zoning Case #: PZ2021-291 We affirm that the establishment of the specific use will not impede the normal and orderly development and improvement of surrounding vacant property. We affirm that the adequate utilities, access roads, drainage and other necessary supporting facilities have been or will be provided. We affirm that the design, location, arrangement of all driveways and parking spaces provides for the safe and convenience movement of vehicular and pedestrian traffic. We affirm adequate nuisance prevention measures have been or will be taken to prevent or control offensive odor, fumes, dust, noise and vibration. We affirm that the directional lighting will be provided so as not to disturb or adversely affect neighboring properties. We affirm there are sufficient landscaping and screening to insure harmony and compatibility with adjacent property. We affirm that the proposed use is in accordance with the Comprehensive Plan Page 2 of 2 Printed On: 8/30/2021 -SARAH STREET WELLNESS GROUP 3455 Sarah Street Beaumont, Texas 77705 0:409-730-7040 F:409-730-7039 Sarah Street Wellness group has been formed as a multidisciplinary practice which will provide a variety of healthcare services including, but not limited to the following areas of care: Psychiatry, General Medicine, Physical Therapy, Occupational Therapy, Speech Therapy, and Dermatology. Our team of professionals, from a range of disciplines, will work together to deliver comprehensive care that addresses the total needs of our patients. We hope that we are well received within the community, and that we are given the opportunity to service those in need. Please contact us at 409-730-7040 to schedule an appointment or for additional information. Community Center Sarah Street Wellness Group has learned the historical importance of the building which it has taken ownership. Therefore, we are committed to helping the community maintain access to the building and outdoor field for various purposes. • We would like to allow use of space within the building to serve as an event hall/community room. The community has inquired; therefore, we would like to be able to rent this space for birthday & graduation celebrations, receptions, banquets, church events, and other similar gatherings. • We would like to allow use of our gym for the community to have access to the basketball court, as well as volleyball, and other indoor sporting events. We would like to rent the space for tournaments, practice,. and any other such needs by adult and/or youth individuals and teams within the community. • We would like to allow use of the 5 acre field behind the building for sporting events/practice for football teams, baseball teams, soccer teams, and other outdoor activities such as bazaars and concerts. In sum, we would like to be able to rent the outdoor field to meet the interests and needs of the community. • We would also like to allow use of the pool for leisure and lessons to those within the community. We have been approached by many individuals within the community; therefore, we come before the you on behalf of the community leaders, our neighbors, and those who take interest in the building to seek your approval for our above proposal. Kind regards, Sarah Street Wellness Group VIA-�zv.�'-►a �T. 7 C,N tu-f-u ovl 015 ;2021-291: Request for a Specific Use Permit to allow allow medical offices and ;atment and counseling facilities, an event hall/community room and community access sports facilities, outdoor sport fields, concerts and events as well as a community imming pool in an RM-H (Residential Multiple -Family Dwelling - Highest Density) strict. iplicant: Sarah Street Wellness Group 0 100 200 300 400 ,cation: 3455 Sarah Street I I I I I I Feet [ 'y' RM=H 4 " � �.� Legend NyCHARITY� 201 ,;4 ail Al i` RCR o RCR m 2 4 r �� ' ;;eeeee a♦♦ee�0 , d v i .>>q�0 C <) • e♦ee AIM __- AIR BENDEL. li = -►'. 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