HomeMy WebLinkAboutNovember 2021 PC Packet*AGENDA*
PLANNING COMMISSION
November 15, 2021
REGULAR MEETING
PLANNING COMMISSION
City Council Chambers, City Hall, 801 Main St. — 3:00 pan.
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/UCnY6nNk8zfXZulMglzbwEB
*AGENDA*
ROLT. CAM,
APPROVAL OF MINUTES
Approval of the minutes of the Meetings held October 18, 2021.
REGULAR MEETING
1) PZ2021-359: Request to rename Buford Street between Port and Brooklyn Streets.
Applicant: Rev. Willie F. Williams, Jr., on behalf of Starlight Missionary Baptist Church
Location: Buford Street between Port and Brooklyn Streets
2) PZ2021-368: Request for Minor Plat approval of Tract 17-A & Tract 26-A, J.W. Bullock
Survey, Abstract No. 7, Beaumont, Jefferson County, Texas.
Applicant: Blythe Hukill of Access Surveyors, L.L.C., for Clarence & Martha Lewis and
Josephine Benoit
Location: 2740 Sarah Street and 4180 Goliad Street
JOINT PUBLIC HEARING
3) PZ2021-367: Request for a Specific Use Permit to allow a gasoline retailer/convenience
store in an NC (Neighborhood Commercial) District.
Applicant: Charles Shajari for Saiyad Ali
Location: 3355 Gladys Avenue
OTHER BUSINESS
ADJOURN
Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or
services are requested to contact Kaltrina Minick at 880-3777.
*MINUTES*
JOINT PUBLIC HEARINGS
PLANNING COMMISSION
CITY COUNCIL
City Council Chambers
October 18, 2021
A Joint Public Hearing of the Planning Commission and City Council was held on October 18,
2021 and called to order at 3:03 p.m. with the following members present:
Commission Members present: Acting Chair Lauren Williams Mason
Commissioner Johnny Beatty
Commissioner Darius Linton
Commissioner Taher Quraishi
Alternate Commissioner Erika Harris
Commission Members absent: Chairman Sina Nejad
Commissioner Bill Little
Commissioner Lynda Kay Makin
Commissioner Tom Noyola
Commissioner Eddie Senigaur
Commissioner Roy Steinhagen
Alternate Commissioner Marty Craig
Councilmembers present: Mayor Robin Mouton
Mayor Pro Tem Audwin Samuel *AlTived at 3:26 p.m.
Councilmember Randy Feldschau
Councilmember A.J. Turner
Councilmember Taylor Neild
Councilmember Mike Getz
Councilmember Chris Durio
Also present: Chris Boone, Director of Planning & Community
Development
Adina Josey, Senior Planner
Tyrone Cooper, City Attorney
Catherine Allen, Recording Secretary
APPROVAL OF MINUTES
Commissioner Quraishi moved to approve the minutes of the Joint Public Hearings held on
September 20, 2021. Alternate Commissioner Harris seconded the motion. The motion to
approve the minutes carried 5:0.
Planning Commission
October 18, 2021
REGULAR MEETING
1) PZ2021-322: Request for Preliminary Plat approval of Barrington Heights, Phase XIII,
Beaumont, Jefferson County, Texas.
Applicant: Joe Pattie of Arceneaux, Wilson & Cole, L.L.C.
Location: 6500 Block of Claybourn Drive
Mr. Boone presented the staff report. Arceneaux, Wilson & Cole has requested Preliminary Plat
approval of Barrington Heights, Phase XIII. This development is located in the 6500 block of
Claybourn Drive. The 8.0729 acre development is a twenty-three (23) lot residential subdivision
in an R-S (Residential Single -Family Dwelling) District. Trenton Lane and Wakefield Lane will
have 50' right-of-ways and 34' pavement widths. The extension of Claybourn Drive will have
60' wide right-of-ways with 37' pavement widths. Water and sewer will be provided by
extension of City utilities.
Slides of the proposed plat were shown.
Staff recommended approval of the request.
Commissioner Quraishi asked if this was the final phase of Barrington Heights and Mr. Boone
stated that he believed this to be the case, but that the applicant was present to confirm.
The applicant was present. Joe Pattie, representing Arceneaux, Wilson & Cole, 3120 Central
Mall Drive, Port Arthur, TX, addressed the Commission. He stated that he did not have much to
add other than that the residential street will be twenty-eight (28) feet wide, not thirty-four (34)
feet as stated in the staff report.
Acting Chair Mason asked Mr. Pattie if this was the final phase of Barrington Heights and he
confirmed this to be the case.
Commissioner Quraishi asked about the length of the lots and Mr. Pattie stated that they vary,
but that the smallest lots are ninety (90) feet wide.
Commissioner Quraishi moved to approve the request for Preliminary Plat approval of
Barrington Heights, Phase XIII, Beaumont, Jefferson County, Texas, as requested in file
PZ2021-322. Alternate Commissioner Harris seconded the motion. The motion to approve
carried 5:0.
2) PZ2021-325: Request to abandon a portion of Delta Street.
Applicant: Arthur Limbrick
Location: West of 1 lth Street and north of Washington Boulevard
Mr. Boone presented the staff report. Arthur Limbrick is requesting the abandonment of Delta
Street, east of 11"' Street. The owner of 3575 Delta would like to develop his property. The only
access to the property is through the undeveloped Delta right-of-way. By abandoning the right-
of-way, a driveway can be constructed instead of a street built to city standards for one property.
Planning Commission
October 18, 2021
The water department has responded that there are two (2) sewer lines located in this easement
and Drainage District Number 6 uses the right-of-way for access. Both have stated that they will
need an easement.
Slides of the property and site plan were shown.
Mr. Boone explained that normally when a City street is improved within a City right-of-way, it
must be up to the City standard, which can be expensive. If the abandonment is granted, the
developer could meet a lesser standard for the driveway.
Staff recommended approval of the request with the following conditions:
1. Retention of the right-of-way as an easement.
2. Any construction of a driveway on this easement will require permission from the City of
Beaumont Water Department and Drainage District Number 6.
3. If approved, applicant shall obtain an appraisal and Title Commitment for the property to
be abandoned at their expense. Appraisal and Title Commitment must be submitted to the
Planning office along with proof that payment has been arranged prior to the item being
placed on City Council's agenda.
Commissioner Quraishi asked about the size of the property and about the abandonment process.
Mr. Boone stated that the property is 0.815 acres and explained the abandonment process.
Commissioner Linton asked if this was for a street or a development. Mr. Boone explained that
this is an unimproved area and that a developer could construct to City standards, but that it
would be very expensive. The other option would be the abandonment, so that the driveway
could be built at a lesser standard. Mr. Boone also explained that the abandonment would not be
for the whole street, but just the right-of-way, which the City has set aside for a potential future
street. He then explained the options and abandonment process again.
The applicant was present. Arthur Limbrick, 5806 Chapel Lane, addressed the Commission. He
stated that he is trying to put a small fast food restaurant with a drive -thin at the subject property
and that it will be convenient and beneficial for the neighborhood.
Acting Chair Mason asked Mr. Limbrick if he understood the conditions and he confirmed his
understanding.
Commissioner Linton asked if the new business will interfere with current businesses nearby and
Mr. Limbrick replied that that it will not interfere and that it will be behind the other businesses.
Mr. Boone explained that the decision to make is whether or not the City needs to maintain this
portion of Delta Street or if it can be sold to the applicant, so that he can provide access to his
business through Delta Street with a driveway.
Alternate Commissioner Harris moved to approve the Request to abandon a portion of Delta
Street, as requested in file PZ2021-325 with the following conditions:
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October 18, 2021
1. Retention of the right-of-way as an easement.
2. Any construction of a driveway on this easement will require permission from the City of
Beaumont Water Department and Drainage District Number 6.
3. if approved, applicant shall obtain an appraisal and Title Commitment for the property to
be abandoned at their expense. Appraisal and Title Commitment must be submitted to the
Planning office along with proof that payment has been arranged prior to the item being
placed on City Council's agenda.
Commissioner Beatty seconded the motion. The motion to approve carried 5:0.
JOINT PUBLIC HEARINGS
Mayor Mouton called the Joint Public Hearings of October 18, 2021 to order at 3:22 p.m. and
explained the purpose of the Joint Public Hearing process. Mayor Mouton then turned the
meeting over to Acting Chair Mason to conduct the Joint Public Hearings.
3) PZ2021-243: Request for the conveyance and dedication of private streets and infrastructure
to the City of Beaumont.
Applicant: Scott Hollernon and the heirs of the A.J. Fasulo Estate (Fig Acres Addition)
Location: 2405 — 2499 Wescalder Road
Mr. Boone presented an overview of the street conveyance and dedication history and process
and the staff report. Scott Hollernon 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 its infrastructure. The City recently adopted a process for the conversion of
private streets and other infrastructure to public ownership and maintenance. 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. A preliminary estimate from Public
Works on the cost to bring the road up to City standards would be $455,630.
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 set vices 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
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October 18, 2021
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.
Mr. Boone stated that staff believes the area was annexed into the City in the 1950's and platted
in the 1920's. He reviewed a historical aerial view showing housing in 1938 and stated that it
was unknown if the housing was related to the nearby oil facilities or not. He further explained
the private street conveyance and dedication process and the need for the streets to meet the City
standards.
Slides of the property and surrounding area were shown.
Based on the condition of the infrastructure and history of the street, staff recommended denial
of the request.
Eighteen (18) notices were mailed to property owners within two hundred (200) feet of the
subject property. Six (6) responses were received in favor and none were received in opposition.
Mr. Boone stated that the responses in favor were from the applicants of the request.
Alternate Cornrnissioner Harris stated that the flooding is serious issue and that she has
compassion for the homeowners. She added that the cost for the City to take over this property
would be tremendous and asked Mr. Boone if there is any advantage to the City in granting the
request. Mr. Boone stated that there would not be any direct advantage to the City, but that it
might be a consideration that the street is in the City limits of Beaumont.
Acting Chair Mason asked if there is any process by which the street could be brought up to City
standards and Mr. Boone answered that there is not such a process under current policy. He
added that the request could be approved with a condition that the streets be brought up to City
standards or the request could be sent back to the Public Works department to determine the
standards that might be expected. Alternate Commissioner Harris stated that those standards
could not be determined by the Planning Commission today and Mr. Boone confirmed this to be
correct.
Commissioner Linton asked about City services on the street, such as garbage, police and fire.
Mr. Boone replied that the City does not provide garbage service to each dwelling in the
subdivision, but he expects that police and fire do service the streets if needed. He added that the
comments from the Fire department related to heavy pumper trucks and ambulances being able
to turn around in the subdivision. Mr. Boone reiterated the need to decide if the request is
reasonable for the City to take over the street.
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Commissioner Beatty asked for a further explanation of the definition of a private street. Mr.
Boone explained that a private street can restrict access for additional security, while a public
street can be accessed by all. He reviewed the private street dedication history and process and
added that new developments now have to developed in a way that if they ever did decide to
become public, they would already be up to a certain standard.
Alternate Commissioner Harris asked if the City were to take over maintenance of the street,
where the funds would come from. Mr. Boone replied that it would be unbudgeted and come out
of the Capital Program.
Commissioner Beatty asked if when the new street dedication process was adopted if a money
amount cap on needed improvements was set and Mr. Boone replied that there is not a specific
money amount cap and that it is judged on a case -by -case basis.
Acting Chair Mason stated that if the request was denied, the applicants could speak to Public
Works, make improvements and apply again and Mr. Boone confirmed this to be correct.
Commissioner Linton asked if there were plans for firture development in the subdivision. Mr.
Boone replied that he believed their primary goal is to seek improvements and that the lots could
not be subdivided for any additional development.
The applicant was present. Scott Holleman, 2499 Wescalder Road, addressed the Commission.
He stated that there are twelve (12) homes and sixteen (16) properties in the subdivision. He
stated that they would not be dividing any of the lots because they are small lots. He added that
this property has already been developed for years and that the properties were given the right to
build without being advised of it being an illegal subdivision. Mr. Holleman stated that he
bought his home in 2017 and at that time he was told that the streets were private, but that they
were in the process of becoming public streets and that the process was bogged down in red tape.
He was shocked to find out that this was considered an illegal subdivision because taxes are
being paid, but no improvements have been done. He admitted that the initial cost would be
expensive, but that the maintenance would not be. He stated there are several elderly residents
who cannot afford flood insurance and that City improvements could prevent flooding. He also
added that as soon as the City annexed the street or the Planning Commission came to be, the
road should have been made public. Finally, he stated that the City has the opportunity to
prevent future flooding by accepting the streets and providing improvements.
Commissioner Linton asked the applicant if the survey he received at the time of purchase
indicated that it was a private street. Mr. Holleman stated that lie was told by the residents in the
neighborhood that the streets were private, but that they were in the process of getting the City to
take over maintenance of the streets. Alternate Commissioner Harris asked if he received
anything in writing to that effect and Mr. Holleman stated that it was through word of mouth.
Alternate Commissioner Harris asked Mr. Boone if the process had ever begun for the City to
take over the street. Mr. Boone stated that a resident of the street, around five (5) to seven (7)
years ago, inquired about the private street dedication, but the first step in the process had never
been completed.
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October 18, 2021
Commissioner Linton asked if there was any alternative for the residents. Mr. Boone stated that
the options would be to deny the request, approve it as is, or ask Public Works for an acceptable
standard. He stated that legally a private street is more like an apartment complex, that the City
cannot make improvements on private property and that the decision would ultimately be up to
the City Council.
Mayor Mouton asked to confirm that if the request was granted, the street would give up its
private road status and Mr. Boone confirmed this to be the case.
Councilmember Getz asked if there were any documents showing that this request had been
applied for previously and Mr. Boone stated that there were not and again mentioned that six (6)
or seven (7) years ago, there was an inquiry about the process. He added that in 1969 and 1979,
there was paperwork filed at the County Courthouse that stated that the residents conveyed the
streets to the public, but that there is no indication that the City was participating and that it was
just recorded documents and did not go through the private street dedication process.
Councilmember Getz stated that if the City does approve this request, it does not obligate the
City to immediately fund and make improvements to the street, but that as long as it is private,
the City is unable to make improvements. Mr. Boone confirmed that this is correct, but stated
that given the condition of the street, the City may feel compelled to make improvements if it is
made public.
The public hearing on this item was opened.
Kevin Adkins, 2411 Wescalder Road, addressed the Commission. He stated that not until after
he purchased his property did he ever hear of it being in an illegal subdivision. He stated that he
does understand the expense the improvement would cause the City. He added that he put up the
private road signs himself to keep people from driving through the neighborhood, but that he
would be glad to be a public street if it meant receiving needed services. Mr. Adkins asked the
Conmmissioners to come and visit the neighborhood. He questioned if it is considered an illegal
subdivision, why pen -nits have been issued for building. He added that the City should accept
responsibility if they are issuing permits. Finally, he stated that the residents have been fixing
the street themselves with bags of rock and that they need help from the City.
Anthony Fasulo, 2465 Wescalder Road, addressed the Commission. He stated that he had lived
there since 1965 and that the streets were in good condition at that time, but that the weather has
taken its toll on them. He added that another addition to the north was in a similar state and that
the City has improved them. He questioned why that neighborhood was given the advantage and
stated that he is just asking for equality.
James Favre, 2437 Wescalder Road, addressed the Commission. He stated that he built his home
in 2003. He added that there are many roads in the south end of Beaumont that are in similar
condition but are maintained by the City. He stated that he was never told that his property was
in an illegal subdivision until he requested street repair from the City. Mr. Favrre stated that the
residents have been purchasing materials and hiring people to fix the roads and that he has spent
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at least $1,500 in the past year. He added that it is not their fault that the City annexed the street
and never made it right. He also added that they have gas and electrical services, but that their
water meters are all out on Wescalder and the water lines are run from there. Mr. Favre stated
that they pay taxes and would like equal representation. Finally, he stated that DD6 will not help
with thew drainage issues because they are in the City limits.
Commissioner Linton asked Mr. Favre about the water meters and water line. Discussion
followed concerning the water line and other utilities.
Catherine Favre, 2437 Wescalder Road, addressed the Commission. She stated that she has
talked with someone from the City that came out to the neighborhood. She added that she has
lived there all of her life. She said her main concern is flooding and drainage in the area and that
it can be considered a health hazard.
Councilmember Neild asked about when this property was annexed and for the reasoning of it
remaining a private street. Mr. Boone replied that it was platted in 1925 and annexed in 1957
and was private at the time of annexation and remained private.
Pat Guidry, 2415 Wescalder Road, addressed the Commission. She stated that she had been a
resident on the street for fifty-five (55) years. She stated she was told that the housing there was
originally built for the employees of Humble Oil Company. She stated that there are places on
her lawn that don't grow because it has shell under it. Ms. Guidry asked what could be done
about their situation. She stated that she bought the home when she was twenty-five (25) years
old and was not told about it being an illegal subdivision until three (3) years ago. Finally, she
stated she should not be punished for something she knew nothing about since she has been
paying her taxes.
Mr. Boone stated because the platted lots were present at the time of annexation, even though the
streets were not public, houses could be built there because they were grandfathered in. He
added that it would have been a buyer beware situation.
Acting Chair Mason stated that the current staff and Commission are not able to address why the
residents were not told sooner. Mr. Cooper stated that there is nothing illegal about the private
street development and that many developers choose to make driveways private. He added that
the residents have reached the point where they want to turn it over to the City for maintenance
because it is too expensive to maintain.
The public hearing was closed without further continent.
Acting Chair Mason stated that in her experience on the Commission, similar cases had been
heard and that it was always the concern of the Commission that developments not request to be
private and then decide to become public when it becomes inconvenient. She stated that this
particular situation seems to be different, as it has been a private road for so long.
Commissioner Quraishi stated that for the City to take over the street would be very expensive,
but that it will ultimately be up to the City Council.
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Alternate Commissioner Harris stated that she hears the concerns of the residents, that everyone
deserves a good quality of life in Beaumont and that is sounded like there had been many
misunderstandings in the past.
Alternate Commissioner Harris moved to send this request back to the Public Works department
to define an acceptable improvement standard for public street acceptance. Commissioner
Linton seconded the motion. The motion to approve carried 5:0.
4) PZ2021-284: Request for a Rezone for a portion of the property from RS (Residential —
Single -Family Dwelling) to GC-MD-2 (General Commercial — Multiple -Family Dwelling-2),
with a Specific Use Permit to allow a convenience store and gas station.
Applicant: George Carlton
Location: 4050 Magnolia
Mr. Boone presented the staff report. George Carlton is requesting a rezoning and Specific Use
Permit to allow a convenience store and gas station at 4050 Magnolia Avenue. The proposed
building would be approximately 6,000 square feet. Half would be occupied by a convenience
store with deli and would be open from 7:00 a.m. to 11:00 p.m. Sunday through Thursday and
7:00 a.m. to midnight Friday and Saturday. The other half would potentially be occupied by a
restaurant. Once the property is rezoned to (General Commercial — Multiple -Family Dwelling —
2), a Specific Use Permit would be required for other uses.
No landscaping is shown on the submitted site plan. An eight (8) foot wood or privacy fence and
ten (10) foot wide landscaped buffer would be required along the east and south property lines.
Along the Magnolia Avenue frontage and along the portion of La Salle next to the parking and
fiiel pumps, a six (6) foot wide landscaped buffer will be required. All landscaping will be
required to meet City Ordinances including irrigation.
A sanitary sewer easement crosses the property and will need to be maintained.
Slides of the subject property, site plan and surrounding area were shown.
Twenty (20) notices were mailed to property owners within two hundred (200) feet of the subject
property. One response was received in favor and one was received in opposition. Mr. Boone
read the letter in opposition, which stated there were enough convenience stores and gas stations
in the area already.
Staff recommended approval of the request with the following conditions:
1. Landscaping required to meet City Ordinance requirements.
2. 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.
3. No permanent structures allowed to be constructed on top of the sanitary sewer easement.
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Acting Chair Mason asked if the access to the property will be from La Salle or Magnolia and
Mr. Boone replied that it would be one access point from La Salle.
The applicant was present. Rahil Maredia, 4519 Sterling Wood Way, Houston, TX addressed
the Commission. He stated that he was at the meeting on behalf of the applicant George Carlton.
He stated that there is a proposed entry off of Magnolia. Mr. Maredia added that the rezoning
would be needed to meet the conditions of the Planning Department. He addressed the letter in
opposition by stating that the other gas stations in the area are in bad shape and not well
maintained. Finally, he added that this gas station, along with the planned restaurant and
washateria, will be a benefit to the neighborhood.
Councilmember Getz stated that the surrounding neighborhood of the subject property is
considered a food desert and encouraged the applicant to consider selling fresh produce. The
applicant replied that there will be a restaurant, but the convenience store will also provide
groceries. He stated that they will be applying to accept Supplemental Nutrition Assistance
Program (SNAP or food stamp) benefits and that this requires them to have certain grocery
staples.
Councilmember Turner asked how many rent spaces will be available in the shopping strip. Mr.
Maredia replied that it will depend on the square footage available after the store is developed
and how many rental inquiries they receive.
Mayor Pro -Tern Samuel asked if there will be open ditches or culverts and the applicant replied
that he will comply with whichever the City requires.
Acting Chair Mason asked if the applicant understood the conditions and he confirmed his
understanding and willingness to comply.
Brief discussion followed about the applicant's other business experience. Mr. Maredia
explained that he did not have any other projects in Beaumont, but did in Houston and
Sugarland.
Further discussion followed concerning the issue of the neighborhood being a food desert. Mr.
Maredia appreciated the feedback and stated he would be glad to provide essential services with
the square footage they have available.
Councilmember Durio and Mayor Mouton asked if the applicant would be having a game room
in the convenience store and the applicant stated that he would not.
The public hearing on this item was opened and closed without further comment.
Alternate Commissioner Harris moved to approve the request a Rezone for a portion of the
property from RS (Residential — Single -Family Dwelling) to GC-MD-2 (General Commercial —
Multiple -Family Dwelling-2), with a Specific Use Permit to allow a convenience store and gas
station, as requested in file PZ2021-284 with the following conditions:
1. Landscaping required to meet City Ordinance requirements.
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2. 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.
3. No permanent structures allowed to be constructed on top of the sanitary sewer easement.
Commissioner Quraishi seconded the motion. The motion to approve carried 5:0.
5) PZ2021-304: Request for a Revised Specific Use Permit to allow a new driveway in a GC-
MD-2 (General Commercial — Multiple -Family — 2) District.
Applicant: Brian Dunigan
Location: 622 W. Lucas Drive
Mr. Boone presented the staff report. Brian Dunigan is requesting a Specific Use Permit to allow
a new driveway at 622 W. Lucas Drive. Given the multiple iterations of the proposed layout of
this site, it is important to provide a chronology of the history to the project. In February of
2011, Darlene Hanna was approved for a revised Specific Use Permit at this location. The
approved site plan did not have any driveways accessing the residential cul-de-sac to the east. In
2016, a driveway was poured for Quinchies without approval from planning.
In December 2020, plans were submitted for preliminary review for the interior build -out of the
cookie shop in question but did not reflect any additional driveways or curb cuts to the street to
the east. The plans for the cookie shop were approved but conditioned as "Interior Only -SUP
2011."
In February 2021, plans for a new driveway were submitted to Engineering staff for design
review. The plans received a favorable review from Engineering, but were never reviewed by
Planning or Building Codes and no permit was ever issued for its construction.
Later in February 2021, the plans for the cookie shop were formally submitted with a permit
application for construction, with no indication of a new drive, curb cut or drive -through
included in the request. The plans submitted with the permit application were reviewed and
approved by all departments, but with the condition that the work would be "interior only" due to
the SUP being site -plan specific. This information was also verbally conveyed to the applicant.
The "interior -only" permit was issued on March 9, 2021.
In July of this year, Mr. Dunigan was completing the buildout of a new cookie company, when
he submitted plans for a permit for an additional driveway onto the north cul-de-sac behind the
building for a new drive -through window. This permit for the new curb cut was denied as it was
not shown on the approved 2011 SUP site plan. The applicant then applied for an amendment to
the 2011 SUP to request approval of the new, second driveway way along with the Quinchies
driveway. In August, City Council approved the amended SUP with the existing Quinchies
driveway to the north but denied the new driveway.
Mr. Dunigan is now requesting an amendment to the August 2021 SUP to reconfigure the
interior parking and access drives and to build a driveway that will circle around the rear of the
existing building, providing access to a new drive -through window on the rear of the building.
No new curb cut to the residential street to the east is proposed but will utilize the existing curb
cut. Engineering has reviewed the proposed layout and has no objections, provided the layout is
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designed to minimize traffic conflicts within the site.
Mr. Boone also provided further comments from the Engineering department.
Slides of the subject property, historical aerial photographs, site plan and surrounding area were
shown.
Sixteen (16) notices were mailed to property owners within two hundred (200) feet of the subject
property. One response was received in favor and four (4) were received in opposition. Mr.
Boone summarized the letters in opposition.
Staff recommended approval of the request with the following conditions:
1. Drive way for drive -through must be one way only and parking lot should be marking
with on -way arrows.
2. Pavement at the intersection of the two drives should be marked and signed to discourage
the blocking of traffic corning from the new driveway.
3. Driveway shall be a minimum of ten (10) feet in width and that the plan be surveyed by a
licensed surveyor.
Commissioner Linton asked about the how far the driveway needed to be from the building and
Mr. Boone replied that there are no setback requirements for a driveway, so it could be right
against the building.
Commissioner Linton asked if the letters in opposition were from the property owners on the
residential cul-de-sac and Mr. Boone confirmed this to be the case.
Brief discussion followed about the placement of utilities and how the driveway might affect
this.
Acting Chair Mason asked if the Traffic department was concerned about traffic congestion and
Mr. Boone replied that the proposed conditions are an attempt to mitigate any traffic problems.
Councilmember Getz asked for clarification on the proposed traffic pattern and Mr. Boone
indicated the traffic pattern on the slide.
Councilmember Feldschau stated that the plan would rely on people following the signs and
being polite to each other and questioned if that would be successful.
Councilmember Turner asked when the applicant speaks, if he could answer if he will have a
staff member outside directing traffic.
Commissioner Beatty asked if the letters in opposition were from the same property owners who
had been opposed the last time this case was before the Commission and Mr. Boone confirmed
this to be the case.
12
Planning Commission
October 18, 2021
The applicant was present. Brian Dunigan, 1910 21" St, addressed the Commission. He stated
that any traffic problems will be on his property not on the City's street. He added that the
average order takes about three (3) minutes so people will be in and out quickly. He gave
examples of other businesses with traffic congestion and cross traffic, such as Chick-fil-A. In
response to Councilmember Turner's question, he stated that he cannot have employees directing
traffic and cannot force people to move their cars. He reviewed his version of how the previous
permits had gone, with clarifications from Mr. Boone. Mr. Dunigan stated that this business was
designed as a drive-thru and they are just trying to open. Finally, he stated that they opened up
the Friday before the meeting and have had over a thousand (1,000) customers so far, so his
business will be successful for Beaumont.
Acting Chair Mason pointed out that the current request is different than previous approved plans
and Mr. Dunigan stated that the only thing different was the Quenchie's drive-thru.
Alternate Commissioner Harris asked if customers are also able to come in to the business and he
confirmed that they can, even though that is not how he originally designed it.
The public hearing was opened on this item.
Eugenia Coffin, 3999 North Street, addressed the Commission. She stated that this request does
affect her properties on the cul-de-sac behind the business. She pointed out which properties she
owns. Ms. Coffin added that she has put money into these properties to improve them to be nice
places to live. She also added that whether you are a renter or homeowner, a view of the back of
a commercial business is not what you want to look at and asked for a fence or landscape buffer,
if the request is approved. She added that the applicant added a sign for a drive-thru already,
even though it has not been approved. Finally, she questioned whether this sign would be lit and
the hours of operation.
Councilmember Getz asked if this was a commercial property why it was not already required to
have a fence. Mr. Boone replied that it would only be required if the property abutted residential
property, but since these properties are separated by a street, it is not required. He added that it
could be added as a condition of the specific use permit.
Councilmember Feldschau asked if there was room for landscaping and Mr. Boone replied that a
survey is needed to be able to confirm.
The public hearing on this item was closed without further comment.
The applicant was given an opportunity to speak in rebuttal. He stated that the hours will be 7:00
a.m. to 7:00 p.m., six (6) days a week. Mr. Dunigan stated that the sign he put up was for
walkup orders until a drive-thru is approved and will not be lit. He stated that there are many
areas of Beaumont with traffic and that traffic is a sign of Beaumont growing.
Commissioner Beatty asked the applicant if he would be amenable to a buffer and he confirmed
that he would be and will work with the City.
13
Planning Commission
October 18, 2021
Alternate Commissioner Harris moved to approve the request for a Revised Specific Use Permit
to allow a new driveway in a GC-MD-2 (General Commercial — Multiple -Family — 2) District, as
requested in file PZ2021-304 with the following conditions:
1. Drive way for drive -through must be one way only and parking lot should be marking
with on -way arrows.
2. Pavement at the intersection of the two drives should be marked and signed to discourage
the blocking of traffic coming from the new driveway.
3. Driveway shall be a minimum of ten (10) feet in width and that the plan be suiveyed by a
licensed surveyor.
Commissioner Linton seconded the motion. The motion to approve carried 4:1(Mason).
6) PZ2021-321: Request for a Specific Use Permit to allow an auto repair shop in an NC
(Neighborhood Commercial) District.
Applicant: Guadalupe Bernal
Location: 1109 Harriot Street
Mr. Boone presented the staff report. Guadalupe Bernal would like to operate an auto repair
shop at 1109 Harriot Street. An automotive shop is not permitted in NC (Neighborhood
Commercial) zoning without a Specific Use Permit. Staff received a complaint that so many
vehicles were parked at this location, you could not see around there at the intersection. Upon
investigation, it was discovered that the business was operating without a Certificate of
Occupancy and had not been used continuously as an auto repair shop so it was not
grandfathered.
Parking should be limited, to allow for proper maneuvering of vehicles on the property. As an
example, storage of junk motor vehicles, for a wrecker service, is limited to ten (10) vehicles
without a Specific Use Permit. In addition, Section 28.04.008(b)(9)(C) of the Ordinance states,
"... auto repairing, etc., shall be conducted within a building enclosed on at least three (3)
sides. "
Slides of the subject property, site plan and surrounding area were shown.
Nineteen (19) notices were mailed to property owners within two hundred (200) feet of the
subject property. One response was received in favor and three (3) were received in opposition.
Mr. Boone summarized the letters in opposition.
Staff recommended approval of the request with the following conditions:
1. Maximum of twenty (20) vehicles to be on the property at any given time, including
customer and employee parking.
2. All auto repair must be conducted inside the shop.
Commissioner Beatty asked if there were complaints about the subject property before the
property owner notices were sent and Mr. Boone confirmed that a complaint led to an
investigation, which found that this business had been operating without a Certificate of
Occupancy.
14
Planning Commission
October 18, 2021
Commissioner Linton asked when the photograph of the property was taken and Mr. Boone and
Ms. Josey replied that it was taken the week before the meeting. Commissioner Linton stated
that that was not usually how it appeared. Mayor Mouton agreed and asked if they had cleaned it
up overnight. Ms. Josey reported that staff had told the business that they could either clean up
the area or apply for a specific use permit and it appears that they had done both.
Discussion followed concerning the history of the business and the specific use permit process.
Further discussion followed about the condition of a maximum of twenty (20) vehicles and how
this number was determined. Mr. Boone stated that staff attempts to select a reasonable number
of vehicles based on the number of bays for car repair.
Acting Chair Mason asked about what happens if the conditions of the specific use permit are
violated. Mr. Boone and Mr. Cooper explained that violations of the conditions can lead to the
specific use permit being revoked.
The applicant was present. Dolores Cantu, 4625 Prairie Street, addressed the Commission. She
stated that she is the property owner and will speak for herself and the applicant. She stated that
there are three (3) bays inside and one outside. She stated that she and her husband owned the
shop for eighteen (18) years and never had any complaints, but she began renting it out in 2015
after her husband passed away. Finally, she stated that the renters had a lot of cars there, but that
they had cleaned it up about a month ago and were awaiting the result of this process.
Acting Chair Mason asked the applicant if she understood the condition of the twenty (20) cars
includes employee parking and asked how many employees worked there. Ms. Cantu replied
that she understood and that there are five (5) employees.
Commissioner Linton asked if she owned the vacant lot beside the property and she replied that
she did not.
The public hearing was opened on this item.
Roosevelt Frank, 4135 Bob Street, addressed the Commission. He stated that he owns the vacant
property next to the subject property. He stated that he did not have a problem with there being a
mechanic shop, but stated that there are too many cars there now and that it was never that way
when Ms. Cantu's husband was operating the shop. He added that he has to ask them to move
the cars and that they take their time doing so.
The public hearing on this item was closed without further comment.
Commissioner Linton asked about the business operating without a permit and Mr. Boone
confirmed this to be the case and reiterated the process that led to the request before the
Commission.
15
Planning Commission
October 18, 2021
The applicant was given an opportunity to speak in rebuttal. Ms. Cantu stated that she never
knew that they did not have a permit because when they applied for their business at the county
courthouse, they were told they were free to start their business.
Commissioner Quraishi moved to approve the request for Specific Use Permit to allow an auto
repair shop in an NC (Neighborhood Commercial) District, as requested in file PZ2021-321 with
the following conditions:
1. Maximum of twenty (20) vehicles to be on the property at any given time, including
customer and employee parking.
2. All auto repair must be conducted inside the shop.
Commissioner Beatty seconded the motion.
Alternate Commissioner Harris stated that she had concerns with the number of cars allowed and
requested an amended motion to change the maximum number of cars to fifteen (15).
Commissioners Quraishi and Beatty chose not to amend their motion or second.
The motion to approve carried 4:1(Harris).
7) PZ2021-324: Request to rezone a property from NC (Neighborhood Commercial) to RS
(Residential — Single -Family Dwelling).
Applicant: Kellie Hardy
Location: 4475 Raven Street
Mr. Boone presented the staff report. Kellie Hardy would like to rezone the property at 4475
Raven Street. The property is located just north of the convenience store located at 4490 Bob
Street. Previously these lots and the convenience store were all part of the same property. The
property owner would like to rezone the lot to RS (Residential Single -Family Dwelling), in order
to build a new house. All of the surrounding property, except for the convenience store, is
residential.
Slides of the subject property, 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 zero were received in opposition.
Staff reconunended approval of the request.
The applicant was present. Wesley Thomas, representing Camelia Homes, 8110 Eastex
Freeway, addressed the Commission. He stated that the area is primarily residential, that the lot
already has a driveway and he would just like to build a residential home there.
Commissioner Quraishi asked the applicant to confirm that this would be a single family
residential home and the applicant confirmed.
The public hearing was opened on this item.
16
Planning Commission
October 18, 2021
Lori Rochelle, 4525 Winston Avenue, addressed the Commission. She stated that she is trying to
build a home for herself and her elderly mother to live in and thanked the Commission for their
consideration.
The public hearing on this item was closed without further comment.
Alternate Commissioner Harris moved to approve the request to rezone a property from NC
(Neighborhood Commercial) to RS (Residential — Single -Family Dwelling), as requested in file
PZ2021-324. Commissioner Quraishi seconded the motion. The motion to approve carried 5:0.
OTHER BUSINESS
None.
THERE BEING NO OTHER BUSINESS, THE MEETING ADJOURNED AT 5:29 P.M.
17
DATE: November 15, 2021
TO: Planning Commission
FROM: Chris Boone, Director of Planning and Community Development
SUBJECT: A request to rename Buford Street between Port and Brooklyn Streets.
FILE: PZ2021-359
STAFF REPORT
Reverend Willie F. Williams, Jr, has requested to rename a portion of Buford Street to McCarty
Street. Reverend Williams states that the street should be renamed in honor of the work
Reverend William Nelson McCarty, Sr. accomplished in the community specifically the South
End of Beaumont. Reverend McCarty accepted Starlight's call for service in December of 1948
and began plans for re -organizing ministries, including the order of worship, and the church's
future expansion. Under his leadership membership increased dramatically, and new ministries
were introduced and flourished. In 1970 his leadership in the civil rights movement, helped the
minority community begin to thrive in Southeast Texas. In 1985, The Family Institute was
introduced, providing after school student tutorials, a reading program, personal finance lessons
and a myriad of other activities to enhance the community. Reverend McCarty led the Starlight
church for 38 years and he's fondly remembered by the community he served and the church he
led.
The Street Renaming Policy for the City of Beaumont states that "If City Council determines by
a 3/ vote of approval that special circumstances surround a street name change request, then
City Council may change the name of a street without approval of seventy-five (7501o) percent of
the abutting property owners. "
There are two (2) properties in the subject area using Buford Street addresses.
Staff recommends approval of the request.
This item was sent to all interested parties.
Exhibits are attached.
Fwd: **EXTERNAL** Starlight Baptist Church
Demi Laney <Demi.Laney@beaumonttexas.gov>
Wed 10/6/2021 4:39 PM
To: Adina Josey<Adina.Josey@BeaumontTexas.gov>; Chris Boone <Chris.Boone@BeaumontTexas.gov>
Get Outlook for iOS
From: Willie Williams <wfwilliamsjr@me.com>
Sent: Wednesday, October 6, 20213:20:27 PM
To: Demi Laney <DemLLaney@beaumonttexas.gov>
Subject: **EXTERNAL" Starlight Baptist Church
October 5, 2021
Chris Boone
Planning and Community Development Director
City of Beaumont
801 Main Street
Beaumont, Texas 77701
Dear Mr. Boone
On behalf of the Starlight Missionary Baptist Church, I as Pastor am requesting to rename a portion of
Buford Street, from Brooklyn to Port streets, as McCarty Street.
As the eighth Pastor of the Starlight Baptist Church, with 8 being a biblical number of new
beginnings. I believe it to be fitting as we stand on the shoulders of those who have come before us,
to in perpetuity have the churches physical address to be 1090 McCarty Street.
Rev. William Nelson McCarty, Sr. and the work he did in the community, specifically the South End of
Beaumont. Reverend McCarty accepted Starlight's call for service in December 1948 and began plans
for re -organizing ministries, including the order of worship, and the church is future expansion. Under
his leadership membership increased dramatically, and new ministries were introduced and
flourished. In 1970 his leadership in the civil rights movement, help the minority community to began
to thrive in Southeast Texas. In 1985, The Family Institute was introduced, providing after school
student tutorials, a reading prograrn, personal finance lessons and a yriad of other activities to
enhance the community. Rev. McCarty lead the Starlight church for 38 years and he's fondly
remembered by the community he served and the church that he lead.
Also to follow, here's a letter of support from the Port Director and CEO of the Port of Beaumont,
Chris Fisher.
Sincerely in Christ,
Rev. Willie F. Williams, Jr.
Pastor
Sent from my iPhone
This is an external e-mail and not from the City of Beaumont. Please validate this e-mail before
responding to or Opening/Clicking on any request from this external source. If you suspect this is a
malicious e-mail - i.e. Phishing/Spoofing - please click the Phish Alert button in your email to report
it.
dim
P
October 4, 2021 9 M O N T.
Chris Boone
Planning & Community Development Director
City of Beaumont
801 Main Street
Beaumont, Texas 77701
On behalf of the Port of Beaumont, I am writing in support of Starlight Missionary Baptist
Church's request to rename a portion of Buford Street, spanningfrom Brooklyn to Port streets,
as McCarty Street.
The proposed name change is requested to honor the legacy of the late Reverend William
Nelson McCarty, Sr., and the work he did in the community, specifically the South End of
Beaumont. Reverend McCarty accepted Starlight's call for service in December 1948 and
began plans for re -organizing ministries, including the order of worship, and the church's
future expansion. Under his leadership, membership increased dramatically, and new
ministries were introduced and flourished. In 1985, The Family Institute was introduced,
providing for student tutorials, a reading program, grooming classes, thrifty financing
lessons, educational games and a Family Fellowship brunch. Reverend McCarty lead Starlight
Church for 38 years and is fondly remembered by the community he served.
Please feel free to contact me via email at dcf@pobtx.com or by phone at 409-835-5367
should you wish to further discuss Starlight Church's request. I would be happy to expand on
my recommendation.
Sincerely,
C KreisFisher
Port Director & CEO
P.O. Drawer 2297 • Beaumont, Texas U.S.A. 77704 , 409/835-5367 FAX 409/835-0512
www.portofbeaumont.com
Z2021-359: Request to rename Buford Street between Port and Brooklyn Streets.
,pplicant: Rev. Willie F. Williams, Jr., on behalf of Starlight Missionary Baptist Church
,ocation: Buford Street between Port and Brooklyn Streets
0 100 200
1 1 1 1 Feet
DATE: November 15, 2021
TO: Planning Commission
FROM: Chris Boone, Director of Planning and Community Development
SUBJECT: To consider a request for Minor Plat approval of Tract 17-A & Tract 26-A, J.W.
Bullock Survey, Abstract No. 7, Beaumont, Jefferson County, Texas.
FILE: PZ2021-368
STAFF REPORT
Blythe Hukil of Access Surveyors, L.L.C., has requested approval of the Minor Plat of Tract 17-A
& Tract 26, J.W. Bullock Survey, Abstract No. 7, Beaumont, Jefferson County, Texas. The
General Land Office (GLO) has plans to demolish and replace the house located at 2740 Sarah
Street. Josephine Benoit resides at this address. Her house sits at the rear of Tracts 17 and 26, but
she is the owner of Tract 17. When Sarah Street was widened, a portion of Tract 17 was taken,
leaving a very narrow piece of land. Ms. Benoit and Clarence & Martha Lewis, the owners of
Tract 26, would like to reconfigure the Tracts to fit the existing location of their homes.
Without this reconfiguration, the GLO would only be able to build on Tract 17, creating a very
long narrow house. This Replat will create a Tract that is thirty-six (36) feet wide for Ms. Benoit,
allowing a much more reasonable building space.
The applicant is requesting a variance to the lot width of Tract 17-A. The new lot will be thirty-six
(36) feet wide along Sarah Street.
City ordinance states, "Sec. 26.03.007(a) Minimum width, depth and area. Lots shall have a
minimum width, depth and area of not less than that required by the zoning ordinance for the
zoning district in which the lots are located. " 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.
If the variance is approved, staff recommends approval of this Minor Plat.
Exhibits are attached.
GENERAL INFORMATION/PUBLIC UTILITIES
APPLICANT:
Blythe Hukill of Access Surveyors, L.L.C.
PROPERTY OWNER:
Josephine Benoit and Clarence & Martha Lewis
LOCATION:
2740 Sarah & 4180 Goliad Streets
EXISTING ZONING:
RM-H (Residential Multiple -Family Dwelling —
Highest Density)
PROPERTY SIZE:
0.2234 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
RM-H (Residential Multiple -Family Dwelling —
Highest Density)
EAST: Residential
RM-11
SOUTH: Residential
RM-H
WEST: Residential
RNI-H
COMPREHENSIVE PLAN: Conservation and Revitalization
STREETS: Sarah Street Local Street with 70' right-of-way
and a 44' pavement width.
Goliad Street Local Street with 40' right-of-way
and a 18' pavement width.
DRAINAGE: Curb and gutter along Sarah Street and open ditch
along Goliad Street.
WATER: City of Beaumont 6" water line
SANITARY SEWER SERVICE: City of Beaumont 8" sewer line
BEAUMONT
planning & Community Development
operty Information
SUBDIVISION APPLICATION
NpbaW�prbU"kQ120pe.
0 Preliminary Plat ❑ Amended Plat*
❑ Final Plat* 0 Replat*
fl Minor Plat* 17 Vacate Plat
Tract 17-A & 26-A, J.W. Bull, c Survey A".uAauW- 2740 Sarah Street & 4180 Gonad Street, Beaumont, Texas
Tract 17-A & 26-A N*dj* n/a
a«Auw 0.2234 awLAW 2 NO UK" n/a
alicant Information
Blythe HuMl Qmpw. Access Surveyors, LLC
nv+.rA"Mn 11025 Old Voth Road 0*1 Beaumont ruth TX zp�77713
Phone: (409) S38-6322 tak& rp1s5163@aoi.com
owner Information
l-a. Clarence & Martha Lewis and Josephine Benoit mmvtnn n/A
µt> 2740 Sarah St. & 4180 Gollad St. �n Beaumont Texas T7705
409-553-9688 zt melindalwMsS@hotmall.com
l0-1`d-z�
o.nrs 1`n t nos Date
A�sdarK Sy uzurc Fnc
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. Deflnite legal description and identification of the tract being subdivided.
3. All block, lot and street boundary lines referenced to Texas$tate Plane Coordinate System.
4. Building Lines and easements.
5. Actual wldth of all streets, measured at right angles or radlally, where curved, shown on map
6. All necessary dimensions accurately displayed
7. Names of all streets and adjoining subdivisions shown on map
8. flood zones and boundaries, If applicable, shown on map. Elevationsfor full subdivisions.
✓
9. Addresses clearly displayed
30. Certificate of ownership signed, stamped and notarized
V
11. certificates of approval from City and County shown on map
12. 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, vicin'ny map and name and signature of owner.
2. Written evidence of ownership. .
S. 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 blacks, lots, alleys, easements, building 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, dimensions and addresses.
7. Location of existing and proposed sewers, water, gas mains, as well as storm and drainage easements.
S. Topography if the surface Is markedly uneven.
9, Boundaries and elevations of all areas located in the flood hazard and flood zonesfor all areas.
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.
yNfl ) 'Mao(Mt'nslrrptddaumen"tobef4dmustbeucoff"t"wivin tm(atya(CAD,,Pdfam"Pew,
And 2-pl. ar tht plat.
Sl{ttat�reH snrytaur/7un�e,w pW
Pl a nnrna Appft Von Acttpq net:
th I r7 PLANNING 8 COMMUDEVELOPMENT
lytrtue _.�1�L1 TY
D>'VBLOPMENT
Revised 3120 T 409.880.3100
F 409.880.3133
PO Box 3827 1 Beaumont, TX
ir�i
WSJ Commercial • Residential • Industrial
ess
Surveyors, LIE Filin No. 10136400
October 20, 2021
City of Beaumont
Planning & Community Development Department
801 Main, Suite 201
Beaumont, Texas 77701
Attn: Chris Boone — Director
Ref: 2740 Sarah Street, Beaumont, Texas
Owner Info: Josephine J. Benoit
Mr. Boone:
We would like to request a variance for the 50 foot minimum lot width of the above property, to
allow a 36 foot width. If you have any questions or comments, please call.
Thank You,
Blythe Hukill
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
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Z2021-368: Request for Minor Plat approval of Tract 17-A & Tract 26-A, J.W. Bullock
urvey, Abstract No. 7, Beaumont, Jefferson County, Texas.
pplicant: Blythe Hukill of Access Surveyors, L.L.C., for Clarence & Martha Lewis and
Josephine Benoit
ocation: 2740 Sarah Street and 4180 Goliad Street 0 10 20 30 40
1 1 1 1 1 1 Feet
DATE: November 15, 2021
TO: Planning Commission and City Council
FROM: Chris Boone, Director of Planning and Community Development
SUBJECT: Consider a request for a Specific Use Permit to allow a gasoline
retailer/convenience store in an NC (Neighborhood Commercial) District.
FILE: PZ2021-367
STAFF REPORT
Charles Shajari on behalf of Saiyad Ali, is requesting a Specific Use Permit to allow a gasoline
retailer/convenience store at 3355 Gladys Avenue. Mr. Ali plans to demolish the existing
buildings and construct a new facility. The service station would be open 24 hours per day and
employ five (5) or six (6) full time employees.
Engineering has noted that it would be beneficial to shift the two (2) existing driveways (located
between the building and the fuel canopy) to the north about fifteen (15) feet to more properly
align with the driveway crossing the property. In addition, the parking along the west side of the
building does not meet City requirements and should be removed from the site plan along with the
southwest driveway. Ten parking spaces will, however, be required.
Per the City Landscaping Ordinance, trees are required as part of the 6' wide landscaped buffer at
each property line between parking and the right-of-way. Trees will be required along with
shrubs along Longfellow Drive, but will not be allowed along Gladys Avenue or I11-10 N., due to
overhead power lines. In addition, sidewalks will be required along all three (3) right-of-ways.
Properties to the west and north are residential. In order to protect these properties as much as
possible fiom the effects of a convenience store, all lighting must be shielded.
Staff recommends approval with the following conditions:
Remove the southwest driveway, shift the two (2) existing driveways (located between the
building and the fuel canopy) to the north about fifteen (15) feet, remove parking
spaces on the west side of the building and add two parking spaces that meet City
standards.
2. Sidewalks shall be installed/maintained along all three (3) right-of-way frontages.
3. Landscaping must meet City requirements.
4. Shield lighting from residential neighbors to the west and north.
5. Pavement between the sidewalk and back of curb must be removed and replaced with sod.
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 12
Responses in Favor Responses in Opposition
LEGAL DESCRIPTION FOR ORDINANCE PURPOSES
Being Flat D16, Tracts 225-B & 225J, A Williams Survey, Beaumont, Jefferson County, Texas,
containing 0.68 acres, more or less.
ANALYSIS
CONDITIONS FOR APPROVAL OF SPECIFIC USE PERMIT
(SECTION 28-26.E, ZONING ORDINANCE)
Conditions:
Application Application
is in is not in Comments
compliance compliance Attached
1. That the specific use will be compatible with
and not injurious to the use and enjoyment of
other property, or significantly diminish or
impair property values within the immediate
vicinity; X
2. That the establishment of the specific use will
not impede the normal and orderly development
and improvement of surrounding vacant property; X
3. That adequate utilities, access roads, drainage
and other necessary supporting facilities have
been or will be provided; X
4. The design, location and arrangement of all
driveways and parking spaces provides for the
safe and convenient movement of vehicular and
pedestrian traffic without adversely affecting the
general public or adjacent developments; X
5. That adequate nuisance prevention measures
have been or will be taken to prevent or control
offensive odor, fumes, dust, noise and vibration; X
6. That directional lighting will be provided so as
not to disturb or adversely affect neighboring
properties; X
7. That there are sufficient landscaping and
screening to insure harmony and compatibility
with adjacent property; and, X
8. That the proposed use is in accordance with the
Comprehensive Plan. X
GENERAL INFORMATION/PUBLIC UTILITIES
APPLICANT:
Charles Shajari for Saiyad Ali
PROPERTY OWNER:
John Wilson
LOCATION:
3355 Gladys & 1155 Interstate 10 North
EXISTING ZONING:
NC (Neighborhood Commercial)
PROPERTY SIZE:
—0.68 acres
EXISTING LAND USES:
Vacant Service Station
FLOOD HAZARD ZONE:
X — Area determined to be outside the 500
SURROUNDING LAND USES:
NORTH: Residential
EAST: IH-10
SOUTH:
WEST:
Commercial
Residential
COMPREHENSIVE PLAN:
STREETS:
DRAINAGE:
WATER:
SANITARY SEWER SERVICE:
year flood plain
SURROUNDING ZONING:
RM-M (Residential Multiple Family Dwelling -
Medium Density)
GC -MD (General Commercial -Multiple Family
Dwelling)
NC (Neighborhood Commercial)
RS (Residential - Single Family Dwelling)
Stable Area
Gladys Avenue - Major Arterial with a 80'right-of
way and 38' pavement width.
IH-10 N. southbound access — Freeway with 400'
right-of-way and 25' pavement width.
Longfellow Drive - Major Arterial with a 60'
right-of-way and 36' pavement width.
Curb and gutter
6" water line
6" Sanitary sewer line
PROPERTY OWNERS NOTIFIED WITHIN 200 FEET
HIGH JERRY W & ROSE MARIE
DAVIS JANET LYNN JENNINGS
GOLIAS MARGARET ANN
GEARINGER GRACE &
TRINITY UNITED METHODIST CH
T W CALDER LLC
CRESTMARC VPC LONGFELLOW LLC
JOINT VENTURE
AMMICORP
CRESTMARC VPC LONGFELLOW LLC
3355 GLADYS AVENUE LLC
BEAUMONT
Planning & Community Development
Case Type: Planning and Zoning Case Status: REVIEW
Case Sub Type: Specific Use Permit Tag Name: PL D16 TR 225-B&225
Case #: PZ2021-367 Initiated On: 10/20/2021 8:40:13AM
Location: 3355 GLADYS AVE, BEAUMONT, 77706
Individuals listed on the record:
Applicant
Saiyad Ali Home Phone: 409-225-1187
2210 Marian Lee Ln. Work Phone:
Richmond„ TX 77469 Cell Phone: 409-225-1187
E-Mail: saiyadI967@yahoo.com
Property Owner
John Wilson Home Phone:
4190 Gladys Ave Work Phone:
Beaumont, TX 77706 Cell Phone: 281-743-2320
E-Mail: jwilson@jwilsons.com
Agent
Charles Shajari Home Phone: 409-351-2601
87 Interstate 10 N Suite 115 Work Phone:
Beaumont, TX 77707 Cell Phone: 409-351-2601
E-Mail: benchmarkl990@gmail.com
Case Type: Planning and Zoning Page 1 of 3
Case #: PZ2021-367 Printed On: 10/20/2021
BEAUMONT
Planning & Community Development
Legal Description
Number of Acres
Proposed Use
That the specific use will be
compatible with and not injurious to
the use and enjoyment of other
property, nor significantly diminish or
impair property values within the
immediate vicinity
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
Plat D-16, Tract 225-B & 225-J, A. Williams Survey
1 .*
C-store, gasoline retailer
We proposed to build a new and modern gas station approximately
4500 sf with 6 gas pumps and deli and luxurious exterior elevation
with 15 parking spaces and the drive thru. This store will be 24 hours
open. There will be 8' wood fence on the south side of the property.
The dumpster will be enclosed as shown on site plan. There will be a
sign for gas price and location and height will comply with the City
Ordinance requirement. All the existing sidewalks will be
reconstructed. All existing driveways on Longfellow will remain for
use and from 1-10 Frontage Rd will be closed and have one as per
TxDot approval.
As a new construction retail business, our building will be attractive
to surrounding area.
There will be no impact to existing utilities and drainage system will
be designed by drainage engineer in compliance with City's
requirement.
There are 8 existing driveways. All driveways on Gladys Street will be
closed and from 1-10 Frontage Road there are 3 driveways. 2 will be
eliminated and closed and one will be utilized for egress. From
Longfellow Drive there 3 existing driveways and we would like to keep
them for ingress/ egress. Also, it will be easier for 18-wheeler gas
delivery truck for easy access. Therefore, for the safety concerns it
poses regarding ingress/egress. Therefore, all traffic will be going thru
Gladys Ave to Longfellow Drive then exit on 1-10 Frontage Road.
We have frequent inspections from the City of Beaumont Health
Dept., & Fire Marshal and State for all safety aspect. Our dumpster
will be enclosed with wood fence as per code and grease trap will be
cleaned periodically. There will be no noise and vibration.
The proposed parking lots and building area will have the LED lights.
All LED lighting will be proper luminous to not disturb or affecting
neighboring properties. They all facing to ground within the property
area.
Due to overhead power line, there will no trees only shrubs on
Longfellow Drive, Gladys and 1-10 Frontage Road as per code.
The proposed C-Store with gas will comply with all City of Beaumont
Building Codes.
Case Type: Planning and Zoning Page 2 of 3
Case M PZ2021-367 Printed On: 10/20/2021
C-Store Gas Station
3355 Gladys Ave Beaumont, TX 77706
October 20, 2021
The specific use of the property is compatible with other properties in the area. We will have a
total 5 to 6 full time employees and 24 hours operation. The building and structure will be very
modem and contemporary style with combination of stucco and culture stone in fiont and all sides.
All existing sidewalks will be reconstructed and landscaping with shrubs on all sides as per City's
requirements. Complete set of construction plans will be provided for permitting when this SUP
is approved.
We would like to start the project in the fall of 2021 with ground break and construction. Our goal
when approach this project is to use excellent quality and safe/effective workmanship in
accordance with the city ordinance. We believe this will help to catapult economic growth and
development in these communities. We truly believe in ourselves and the people that we serve in
these communities that they too would have an extraordinary experience when they are shopping
in our facilities.
Sincerely,
Saiyad Ali,
70
0
O
ry
O
L
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I
2021-367: Request for a Specific Use Permit to allow a gasoline retailer/convenience
re in an NC (Neighborhood Commercial) District.
plicant: Charles Shajari for Saiyad Ali
cation: 3355 Gladys Avenue
0 100 200 I�
l i I I Feet