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HomeMy WebLinkAbout1-24-22 PC Minutes*MINUTES* JOINT PUBLIC HEARINGS PLANNING COMMISSION CITY COUNCIL City Council Chambers January 24, 2022 A Joint Public Hearing of the Planning Commission and City Council was held on January 24, 2022 and called to order at 3:00 p.m. with the following members present: Commission Members present: Chairman Sina Nejad Commissioner Johnny Beatty Commissioner Hamza Jabbar Commissioner Shawn Javed *arrived at 3:03 p.m. Commissioner Darius Linton Commissioner Tom Noyola Commissioner Sandy Pate Commissioner Taher Quraishi Alternate Commissioner Eddie Senigaur Commission Members absent: Commissioner Lynda Kay Makin Alternate Commissioner Erika Harris Alternate Commissioner Rogers Sorrell Jr. Councilmembers present: Mayor Robin Mouton Mayor Pro Tem Audwin Samuel Councilmember Randy Feldschau Councilmember Chris Durio Also present: Chris Boone, Director of Planning & Community Development Adina Josey, Senior Planner Sharae Reed, City Attorney Catherine Allen, Recording Secretary APPROVAL OF MINUTES Commissioner Quraishi moved to approve the minutes of the Joint Public Hearings held on November 15, 2021. Commissioner Linton seconded the motion. The motion to approve the minutes carried 7:0. REGULAR MEETING Planning Commission January 24, 2022 1) PZ2021-370: Request for Preliminary Plat approval of Vision Village, Phase 1, Beaumont, Jefferson County, Texas. Applicant: Emmanuel Baptist Church of Jesus Christ Location: 2695 S. Major Drive Mr. Boone presented the staff report. Emmanuel Baptist Church of Jesus Christ has applied for preliminary plat approval of Vision Village, Phase L The property is located on the east side of S. Major and east of the intersection with Humble Road. In February, 2006, the Planning Commission approved a preliminary plat of Vision Village. The conceptual plan consists of an entry road leading to residential lots and large lots for future church development. In 2008, a Preliminary Plat was approved for Vision Village, Section II; the new plat reduced the size of the church parcel, adding eighteen (18) single family lots on part of the original church site. Section II was approved a second time in May 2013, with an extension in 2015. The church has decided to proceed with the entry road (Emmanuel Street), a private street, prior to development of the eastern residential lots. Section 26.03.008(2) states, "Streetlights shall be installed at all intersections and at additional locations not less than two hundred (200) feet apart... " Be sure that Street lights are spaced a minimum of 200-If apart. Section 14.03.200(14) states, 'Prohibition on overhead facilities and overhead transport facilities... " Electrical lines must be installed underground. Slides of the proposed plat were shown. Staff recommended approval of the request with the following conditions: 1. Place street lights a minimum of 200-If apart. 2. Place electrical lines underground. The applicant was present. Don King, representing Fittz & Shipman, 1405 Cornerstone Court, addressed the Commission. He stated that he was representing the church, and that the pastor was also present at the meeting. He added that a lot of the construction for this project was already in place and that he hopes for completion within a year. Finally, he stated that he understands and will comply with the recommended conditions. Alternate Commissioner Senigaur asked about the possibility of using solar lights. Mr. King stated that he had not looked into that possibility and that they generally try to build to City standards. Commissioner Quraishi moved to approve the request for Preliminary Plat approval of Vision Village, Phase 1, Beaumont, Jefferson County, Texas, as requested in file PZ2021-370 with the following conditions: 1. Place street lights a minimum of 200-If apart. 2. Place electrical lines underground. Pa Planning Commission January 24, 2022 Commissioner Beatty seconded the motion. The motion to approve carried 8:0. 2) PZ2021-421: Request for Preliminary Plat approval of LaBelle Park Subdivision, Phase Two, Beaumont, Jefferson County, Texas. Applicant: Troy Whitehead of Schaumburg & Polk, Inc. Location: 5380 Rexora Drive Mr. Boone presented the staff report. Troy Whitehead of Schaumburg & Polk, Inc., has applied for preliminary plat approval of LaBelle Park Subdivision, Phase Two. This plat will extend both Rexora Drive and Phelps Boulevard, consist of lot (2) lots and comprise a total of 7.656 acres. Water, sanitary sewer and storm sewer will be extended along with the streets. Main Event Entertainment would like to construct a new event center at 5380 Rexora Drive. Proposed driveways to the new event center require extension of both Rexora Drive and Phelps Blvd. The plat does not show the required temporary cul-de-sacs at the end of the two (2) roadways. Section 26.03.002 of the City Subdivision Ordinance states, "When the planning commission determines that there is a reasonable expectation that a dead-end street will be extended within two (2) years, construction of a temporary cul-de-sac may be approved, The planning commission may waive temporary cul-de-sac requirements for dead-end streets when the street is less than two hundred (200) feet in length.. " A Variance has been requested if the proposed event facility does not begin construction before June 1, 2022. If construction is not begun by June 1, 2022, the temporary cul-de-sacs would be installed. Slides of the proposed plat were shown. Staff recommended approval of the Variance and the request with the following condition: 1. Note to be placed on plat stating, "A temporary cul-de-sac will be required at the end of Rexora Drive and Phelps Blvd. If the proposed new construction project at the northwest corner of the intersection does not start before July 1, 2022." Chairman Nejad asked about the temporary cul-de-sac and what would happen to it if the project was not completed. Mr. Boone suggested that an end date could be added as a condition. Chairman Nejad stated that he would support adding an end date as a condition. The applicant was present. Troy Whitehead, representing Schaumburg & Polk, 8865 College Street, addressed the Commission. He stated that he has no issues with the recommended conditions and that he had already added a note to the plat about the temporary cul-de-sac. Commissioner Quraishi moved to approve the request for Preliminary Plat approval of LaBelle Park Subdivision, Phase Two, Beaumont, Jefferson County, Texas, as requested in file PZ2021- 421 with the following condition: 1. Note to be placed on plat stating, "A temporary cul-de-sac will be required at the end of Rexora Drive and Phelps Blvd. If the proposed new construction project at the northwest corner of the intersection does not start before July 1, 2022 or completed within one year from meeting date." 3 Planning Commission January 24, 2022 Commissioner Linton seconded the motion. The motion to approve carried 8:0. 3) PZ2021-430: Request for a Replat of Lots 18-20 into Lots 18A & 20A, Block 1, Audubon Park, Beaumont, Jefferson County, Texas. Applicant: Bliss Sims of Access Surveyors, L.L.C. Location: 1215 & 1240 Wilchester Circle Mr. Boone presented the staff report. Aaron Ward of Faust Engineering and Surveying, Inc., has requested approval of a Replat of Lots 18-20 into Lots 18A & 20A, Block 1, Audubon Park, Beaumont, Jefferson County, Texas. The intention of the plat is to split a lot and add it to the two (2) neighboring lots. Fourteen (14) notices were mailed to property owners within two hundred (200) feet of the subject property. Two (2) responses were received in favor and zero were received in opposition. Slides of the proposed plat were shown. Staff recommended approval of the request. The applicant was present. Colby Brackin, representing Access Surveyors, 11025 Old Voth Road, addressed the Commission. He stated that this was a simple request where two neighbors would like to split a lot amongst themselves. The public hearing on this item was opened and closed without comment. Commissioner Quraishi moved to approve the request for Replat of Lots 18-20 into Lots 18A & 20A, Block 1, Audubon Park, Beaumont, Jefferson County, Texas, as requested in file PZ2021- 430. Commissioner Linton seconded the motion. The motion to approve carried 8:0. 4) PZ2021-443: Request to abandon a portion of the Sawyer Street right-of-way. Applicant: Mark A. Fertitta Location: Rear of 195 N. 11t' Street Mr. Boone presented the staff report. Mark Fertitta, manager of SET Asset Properties, LLC (owner of 191 1 lth Street), is requesting an abandonment of this portion of Sawyer Street. In 2017, an almost 5' section of the street was abandoned. The request was made to satisfy requirements of a potential lessor. Previously, the property had operated under a license to encroach, but this arrangement was problematic, given that the tenant was performing extensive upgrades to the property. In 2021, a survey of the property revealed that the requested abandonment was not large enough, and the building was still encroaching in the right-of-way. This abandonment would correct the issue of the encroachment. Slides of the site plan were shown. Staff recommended approval of the request. C! Planning Commission January 24, 2022 Chairman Nejad stated that his company had done some work on this project so he will abstain from voting on the request. The applicant was present, but did not have any further information to provide. Commissioner Noyola moved to approve the request to abandon a portion of the Sawyer Street right-of-way, as requested in file PZ2021-443. Commissioner Javed seconded the motion. The motion to approve carried 7:0:1 (Nejad). 5) PZ2021-445: Request for Preliminary Plat approval of Interstate 10 Industrial Park, Jefferson County, Texas. Applicant: Zachary Rowe of Whiteley Oliver Engineering, L.L.C. Location: North of 5898 Industry Road Mr. Boone presented the staff report. Zachary Rowe of Whitely Oliver Engineering, L.L.C., has requested preliminary plat approval of Interstate 10 Industrial Park. This street was constructed without the benefit of City review, but was reviewed and accepted by Jefferson County. The proposed right-of-way ranges from 100' to 150' wide and the paved street is 36' wide. Water will be provided by West Jefferson County Municipal Water District and Sewage will be handled onsite. A 12.620 Acre detention pond has been constructed to accommodate drainage on the property. As the detention pond is sitting in Entergy's easement, permission should be granted from Entergy for this encroachment. The plat does not show the street width or temporary cul-de-sac radius. Section 26.03.0002(7) states, "Proposed plan of subdivision, showing streets, blocks, lots, alleys, easements, building lines, parks, and other such areas with principal dimensions... " Please provide the width of Industrial Parkway and radius of the temporary cul-de-sac. Slides of the proposed plat were shown. Staff recommended approval of the request with the following conditions: 1. Obtain permission from Entergy to encroach in their easement. 2. Provide the width of Industrial Parkway and the radius for the temporary cul-de-sac. This item was sent to all interested parties. Commissioner Linton asked for clarification on the sewage being handled onsite and Mr. Boone stated that the applicant may be able to elaborate on the sewer system. The applicant was present. Zach Rowe, representing Whitely Oliver Engineering, 4351 Crow Road, addressed the Commission. He stated that he has revised the plat to show the pavement width and the temporary cul-de-sac. Planning Commission January 24, 2022 Chairman Nejad asked for clarification on the sewage and Mr. Rowe stated that the sewage will be individual septic systems. Sam Parigi, property owner, 445 N 14'h St, addressed the Commission. He stated that the property is in the ETJ and that two (2) years ago they asked the City to provide water and sewer, but that the City declined. He explained how the sewer would be handled. Mr. Parigi also addressed the condition requiring permission from Entergy. He stated that permission was not necessary because of the easement, but that they are in the process to receive a right to encroach from Entergy. Commissioner Quraishi moved to approve the Request for Preliminary Plat approval of Interstate 10 Industrial Park, Jefferson County, Texas, as requested in file PZ2021-445 with the following condition: 1. Obtain permission from Entergy to encroach in their easement. 2. Provide the width of Industrial Parkway and the radius for the temporary cul-de-sac. Commissioner Linton seconded the motion. The motion to approve carried 8:0. 6) PZ2021-442: Request for Final Plat approval of Industrial Road, Jefferson County, Texas. Applicant: Zachary Rowe of Whiteley Oliver Engineering, L.L.C. Location: North of 5898 Industry Road Mr. Boone presented the staff report. Zachary Rowe of Whitely Oliver Engineering, L.L.C., has requested Final Plat approval of Interstate 10 Industrial Park. This street was constructed without the benefit of City review. The proposed right-of-way ranges from 100' to 150' wide and the paved street is 36' wide. Water will be provided by West Jefferson County Municipal Water District and Sewage will be handled onsite. A 12.620 Acre detention pond has been constructed to accommodate drainage on the property. As the detention pond is sitting in Entergy's easement, permission should be granted from Entergy for this encroachment. Slides of the proposed plat were shown. Staff recommended approval of the request with the following conditions: 1. Obtain permission from Entergy to encroach in their easement. This item was sent to all interested parties. The applicant was present, but made no comment. Commissioner Quraishi moved to approve the Request for Final Plat approval of Industrial Road, Jefferson County, Texas, as requested in file PZ2021-442 with the following condition: 1. Obtain permission from Entergy to encroach in their easement. Commissioner Javed seconded the motion. The motion to approve carried 8:0. X Planning Commission January 24, 2022 7) PZ2021-453: Request for Preliminary Plat approval of Hardin Ranch, Beaumont, Jefferson County, Texas. Applicant: Aaron Ward of Faust Engineering and Surveying, Inc. Location: North of Gentry Road just east of Reins Road Mr. Boone presented the staff report. Aaron Ward of Faust Engineering and Surveying, Inc„ has requested Preliminary Plat approval of Hardin Ranch. The project is located north of Gentry Road, just east of Reins Road in the Planning Area of the City of Beaumont's E.T.J. The 26.67 acre development is a thirty-nine (39) lot, single family, residential subdivision. All lots will have frontage on the proposed Ryan Road except two (2), which will front on Gentry Road. The proposed Ryan Road will have an eighty (80) ft. R.O.W. and thirty (30) ft. wide asphalt street with open ditches. Water will be provided by Meeker Water Supply Corporation and sewer will be individual septic systems. Since the subdivision lies within the Planning Area of the E.T.J., Jefferson County construction specifications shall apply. Slides of the proposed plat were shown. Staff recommended approval of the request. This item was sent to all interested parties. The applicant was present. Richard Faust, representing Faust Engineering, 5550 Eastex Freeway, Suite O, addressed the Commission. He stated that he did not have any additional information to add to the staff report. Commissioner Quraishi moved to approve the Request for Preliminary Plat approval of Hardin Ranch, Beaumont, Jefferson County, Texas, as requested in file PZ2021-453. Commissioner Javed seconded the motion. The motion to approve carried 8:0. 8) PZ2021-454: Request for Preliminary Plat approval of Spring Wood, Section 3, Beaumont, Jefferson County, Texas. Applicant: Aaron Ward of Faust Engineering and Surveying, Inc. Location: 6445 Alexis Street Mr. Boone presented the staff report. Faust Engineering & Surveying, Inc, is requesting Preliminary Plat approval for Spring Wood, Section 3. The project is located within the City of Beaumont at the northwest end of Alexis Street, northwest of RFD Road. The development is a 3.30 acre, thirteen (13) lot, single family, residential subdivision. Kayla, a residential street, will have a 50' right-of-way and 28' wide pavement. The extension of Alexis, a minor collector, will have a 60' right-of-way and 36' wide pavement. Utilities will be provided by extension of City of Beaumont water and sewer. It appears that the streetlight symbol was used to call -out a Fire Hydrant north of Lot 32. Section 26.03.008(a) & (a)(2) states, "Streetlights are required in all subdivisions developed after the VA Planning Commission January 24, 2022 effective date of this chapter, consistent with the following criteria: Streetlights shall be installed at all intersections and at additional locations not less than two hundred (200)feet apart. Locations shall be designated so as to provide an average separation of approximately two hundred fifty (250) feet. Variations shall occur only where lot widths and/or other conditions necessitate. " Slides of the proposed plat were shown. Staff recommended approval of the request with the following condition: 1. Provide Street lights as required by the Subdivision Ordinance. This item was sent to all interested parties. The applicant was present. Richard Faust, representing Faust Engineering, 5550 Eastex Freeway, Suite O, addressed the Commission to state that he understood the proposed condition. Commissioner Quraishi moved to approve the Request for Preliminary Plat approval of Spring Wood, Section 3, Beaumont, Jefferson County, Texas, as requested in file PZ2021-454 with the following condition: 1. Provide Street lights as required by the Subdivision Ordinance. Commissioner Linton seconded the motion. The motion to approve carried 8:0. JOINT PUBLIC HEARINGS Mayor Mouton called the Joint Public Hearings of January 24, 2022 to order at 3:36 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. 9) PZ2021-410: Request for a Revised Specific Use Permit to allow additional cabins in a recreational vehicle park. Applicant: Hidden Lake RV Park Location: 6860 S. Major Drive Mr. Boone presented the staff report. In 2006, Thomas Taylor received a Specific Use Permit for a Recreational Vehicle park at 6800 S. Major Drive. The fifteen (15) acre tract of land includes a seven (7) acre lake and a LNVA canal right-of-way leaving approximately seven (7) acres that are usable for the recreational vehicle park. The park currently can accommodate seventy (70) RV's. Shortly after acceptance of this RV park, the City's RV ordinance was updated to current standards. Those standards are reflected in this existing park. Hidden Lake RV Park would now like to add three (3) pre-fab cabins to be leased by the month or year. Each cabin is approximately three hundred (300) square feet and will have a parking space. An existing City of Beaumont water line and easement is located on this property. No structure requiring a permanent foundation may be placed over a City n. Planning Commission January 24, 2022 easement. This water line feeds an adjacent fire apparatus. Access for the fire department to this apparatus must be maintained. Slides of the subject property, site plan and surrounding area were shown. Staff recommended approval of the request with the following conditions: 1. No permanent structure may be placed within the water utility easement. 2. Access to the adjacent fire apparatus must be maintained. Seven (7) notices were mailed to property owners within two hundred (200) feet of the subject property. No responses were received in favor and or in opposition. The applicant was present. Mitros Serrato, representing Lancaster and Wyatt Architects, 10655 Six Pines Drive Suite 290, The Woodlands, TX, addressed the Commission. He stated that he did not have any additional information to add, but was available to answer questions. Chairman Nejad asked if the RV's would be rented out to individual or multi -family renters and the applicant replied that it would be to individual renters. The public hearing on this item was opened and closed without comment. Commissioner Quraishi moved to approve the request for a Revised Specific Use Permit to allow additional cabins in a recreational vehicle park, as requested in file PZ2021-410 with the following conditions: 1. No permanent structure may be placed within the water utility easement. 2. Access to the adjacent fire apparatus must be maintained. Commissioner Linton seconded the motion. The motion to approve carried 8:0. 10) PZ2021-428: Request for a Specific Use Permit to allow a parking lot expansion for a church in RCR (Residential Conservation Revitalization) and RS (Residential Single -Family) Districts. Applicant: Mt. Calvary Missionary Baptist Church Location: 2170 Renaud Street Mr. Boone presented the staff report. Mt. Calvary Missionary Baptist Church would like to add a new parking area at 2170 Renaud Street. This new concrete parking lot will provide an additional forty-four (44) off-street parking spaces. Landscaping will be required along Renaud and in required islands, but as the property abuts commercial lots, a perimeter landscaping and screening buffer is not required. Slides of the subject property, site plan and surrounding area were shown. Staff recommended approval of the request with the following condition: 1. Parking lot shall be landscaped as required by City Ordinance. 01 Planning Commission January 24, 2022 Thirty-nine (39) notices were mailed to property owners within two hundred (200) feet of the subject property. Twelve (12) responses were received in favor and zero were received in opposition. Commissioner Quraishi asked if lights would be required in the parking lot and Mr. Boone replied that they are not mandatory, but could be added as a condition. He added that a common condition is that lights be angled away from property owners. The applicant was present. Don King, representing Fittz & Shipman, 1405 Cornerstone Court, addressed the Commission. He stated that he is working with the church on this projects, he understands the recommended condition and looks forward to completing the project. The public hearing on this item was opened and closed without comment. Commissioner Quraishi moved to approve the request for a Specific Use Permit to allow a parking lot expansion for a church in RCR (Residential Conservation Revitalization) and RS (Residential Single -Family) Districts, as requested in file PZ2021-428 with the following condition: 1. Parking lot shall be landscaped as required by City Ordinance. Commissioner Beatty seconded the motion. The motion to approve carried 8:0. 11) PZ2021-446: Request for a Revised Specific Use Permit for restaurant parking to add a commercial strip center with a tax office and barber shop in an RCR (Residential Conservation Revitalization) District. Applicant: Rosa & Sifuentes Francisco Castillo Location: 1325 College Street Mr. Boone presented the staff report. Rosa & Siftientes Francisco Castillo would like to use the property located at 958 & 978 Orange Avenue and 1350 Gilbert Street as expanded parking for a proposed restaurant to be located at 1325 College Street, and for a commercial building to accommodate offices and a beauty/barber shop. Adjacent land uses are residential along Gilbert. As such, driveway access should be located on Orange Street. Landscaping should be used to mitigate the impact to the neighboring properties. In addition, sidewalks along the property are in a state of disrepair and must be repaired/replaced along all streets. Slides of the subject property, site plan and surrounding area were shown. Staff recommended approval of the request with the following condition: 1. Landscaping and screening be installed and maintained as per ordinance requirements, including provision of island, medians and/or peninsulas and perimeter buffer. 2. Irrigation system shall be installed and maintained for all required landscaping. 3. Replace/repair sidewalks along all streets. 10 Planning Commission January 24, 2022 4. Lighting to be shielded from neighboring residential properties. 5. Parking for the restaurant and commercial building shall be separated so that the restaurant parking lot can only be accessed from Orange Avenue. Thirty (30) notices were mailed to property owners within two hundred (200) feet of the subject property. Zero responses were received in favor or in opposition. The applicant was present. Charles Shajari, 87 I10 North, Suite 115, addressed the Commission. He stated that he did not have any additional information to provide and that he understands and will comply with the conditions. Commissioner Pate asked what type of restaurant it would be and for its hours of operation. Mr. Shajari replied that it would be a Mexican restaurant and that he did not know the exact hours of operation, but that it would be open seven (7) days a week. The public hearing on this item was opened and closed without comment. Commissioner Quraishi moved to approve the request for a Specific Use Permit for restaurant parking to add a commercial strip center with a tax office and barber shop in an RCR (Residential Conservation Revitalization) District, as requested in file PZ2021-446 with the following conditions: 1. Landscaping and screening be installed and maintained as per ordinance requirements, including provision of island, medians and/or peninsulas and perimeter buffer. 2. Irrigation system shall be installed and maintained for all required landscaping. 3. Replace/repair sidewalks along all streets. 4. Lighting to be shielded from neighboring residential properties. 5. Parking for the restaurant and commercial building shall be separated so that the restaurant parking lot can only be accessed from Orange Avenue. Commissioner Javed seconded the motion. The motion to approve carried 8:0. 12) PZ2021-450: Request for a Specific Use Permit to allow a bar in a GC -MD (General Commercial — Multiple -Family Dwelling) District. Applicant: Baptiste Brunner Location: 8180 Eastex Freeway, Unit 2 Mr. Boone presented the staff report. Baptiste Brunner is requesting a Specific Use Permit to allow a bar at 8180 Eastex Freeway, Unit 2. Mr. Brunner states that his business will primarily consist of take-out or drive-thru customers. The existing strip center is currently occupied by a convenience store in Unit 1. Seating will only consist of four (4) seats at the bar. Existing parking is adequate for these uses. Slides of the subject property, site plan and surrounding area were shown. Staff recommended approval of the request. 11 Planning Commission January 24, 2022 Four (4) notices were mailed to property owners within two hundred (200) feet of the subject property. Zero responses were received in favor or opposition. The applicant was present. Baptiste Brunner, 15000 Mansions View Drive Apt 3002, Conroe, TX, addressed the Commission. He stated that this is a new venture for Texas, but is common in Louisiana where he is originally from. Mr. Brunner added that he is trying to satisfy both the City and State regulations. He discussed the reason for the seating being to satisfy TABC requirements, but that the business will be primarily focused on drive-thru business. Chairman Nejad asked if security is required by TABC and Mr. Brunner stated that it is not. Commissioner Pate asked if food would be served and Mr. Brunner stated that it would not be at this time, but could be a possibility in the future. Commissioner Pate understood that there was not much seating, but asked about standing room in the building and Mr. Brunner stated that there was not much standing room either. The public hearing on this item was opened and closed without comment. Commissioner Pate moved to approve the request for a Specific Use Permit to allow a bar in a GC -MD (General Commercial — Multiple -Family Dwelling) District, as requested in file PZ2021-450. Commissioner Linton seconded the motion. The motion to approve carried 8:0. 13) PZ2021-451: Request for a Specific Use Permit to allow a veterinarian boarding/grooming facility in a GC -MD (General Commercial — Multiple -Family Dwelling) District. Applicant: Kelley Kays Location: 4270 E. Lucas Drive Mr. Boone presented the staff report. Kelley Kays would like to open a veterinarian clinic with grooming and boarding at 4270 E. Lucas Drive. The existing veterinarian office will be expanded to include the non-profit Pets Alive. Chain link kennels, a modular building and parking will be added at the rear of the property. The parking area will need minor modifications to meet City Engineering requirements. As the parking is expanding more than twenty-five (25) percent, landscaping of the entire parking lot will need to be brought into compliance including a six (6) foot wide landscaped strip between parking and E. Lucas Drive, two (2) landscaped islands and a ten (10) foot wide landscaped buffer with trees along the rear property line. Ms. Kays is requesting a waiver to the eight (8) foot fence screening requirement along the rear property line. Slides of the subject property, site plan and surrounding area were shown. As the property to the north is a residence and Ms. Kays intends to install several chain link kennels at the rear of the property, staff recommended denial of the waiver but approval of the request with the following conditions: 1. Parking shall be adjusted to meet City Engineering requirements. 2. Landscaping shall be brought into compliance with City Ordinance requirements. 12 Planning Commission January 24, 2022 Twenty-three (23) notices were mailed to property owners within two hundred (200) feet of the subject property. Zero responses were received in favor or in opposition. Brief discussion followed about the fence and landscaping requirements. The applicant was present. Dr. Kelley Kays, 46718 IH 10 East, Winnie, TX, addressed the Commission. She stated that she has worked with the City to achieve the City shelter becoming a no kill shelter. She stated that she has had a veterinary business in Winne, but is now moving her business to Beaumont. Dr. Kays added that the subject property was an existing animal clinic, but that she is adding an adoption center. Also, she stated that the property is a narrow lot and that she wants to add additional parking. She added that there is a half acre of land in the back, which she wants to use for interactive area for the animals. Finally, she added that she plans to have landscaping in the back including a gazebo and fountain and that the residential home is not directly behind the subject property so that is why she is asking for the waiver. Discussion followed about the requested waiver, the Commission's goal of adhering to City ordinances and the potential cost of a fence. Discussion continued proposing a timeline be given for meeting the fence requirement, giving the applicant additional time to come into compliance. The public hearing on this item was opened and closed without comment. Commissioner Quraishi moved to approve the request for a Specific Use Permit to allow a veterinarian boarding/grooming facility in a GC -MD (General Commercial — Multiple -Family Dwelling) District, as requested in file PZ2021-451 with the following conditions: 1. Parking shall be adjusted to meet City Engineering requirements. 2. Landscaping shall be brought into compliance with City Ordinance requirements. Commissioner Javed seconded the motion. Discussion continued about adding a one year timeline for the fence requirement. Mr. Boone suggested that the timeline be one year from the issuance of the Certificate of Occupancy. Commissioner Quraishi amended his motion to approve the request for a Specific Use Permit to allow a veterinarian boarding/grooming facility in a GC -MD (General Commercial — Multiple - Family Dwelling) District, as requested in file PZ2021-451 with the following conditions: 1. Parking shall be adjusted to meet City Engineering requirements. 2. Landscaping shall be brought into compliance with City Ordinance requirements. 3. Eight (8) foot wood or masonry fence in the rear to be completed within one year from the issuance of the Certificate of Occupancy. Commissioner Javed seconded the amended motion. The motion to approve carried 8:0. 14) PZ2021-455: Request for a Specific Use Permit to allow a commercial strip center including a Laundromat, retail and office space in a GC-MD-2 (General Commercial — Multiple -Family Dwelling — 2) District. Applicant: Aaron Ward of Faust Engineering and Surveying, Inc. Location: 2855 N. Major Drive 13 Planning Commission January 24, 2022 Mr. Boone informed the Commission that this item had been pulled at the applicant's request. 15) PZ2021-456: Request for a Specific Use Permit to allow a roll -off container and equipment storage yard in a GC -MD (General Commercial — Multiple -Family Dwelling) District. Applicant: Raymond Richard Location: 3494 Fannett Road Mr. Boone presented the staff report. Raymond Richard is requesting a Specific Use Permit to allow a roll -off container and equipment storage yard at 3494 Fannett Road. Mr. Richard is the owner of R&R Dozer, a demolition company. In September of 2021, reports were received that a fence had been placed around the property and dumpsters were being stored. Mr. Richard was advised that although a contractor business may be located in GC -MD (General Commercial Multiple -Family Dwelling) zoning districts, outside storage is not permitted without approval of a Specific Use Permit, and a Certificate of Occupancy. For a commercial business to operate adjacent to residential zoning, the business is required to maintain a ten (10) foot wide landscaped strip with trees and an eight (8) foot tall wood or masonry fence along the adjoining property line. As dumpsters may create odor issues, all cleaning of the dumpsters prior to storage must be completed elsewhere. In addition, any security lighting on the property shall be shielded to protect adjacent residential properties. Slides of the subject property, site plan and surrounding area were shown. Staff recommended approval of the request with the following conditions: 1. Install landscaping and screening to meet City Ordinance requirements. 2. Clean all dumpsters before storing them at this location. 3. Shield all security lighting from neighboring residential properties. Twenty-seven (27) notices were mailed to property owners within two hundred (200) feet of the subject property. Zero responses were received in favor or in opposition. Commissioner Linton asked if there might be a noise complaint issue, especially with the subject property being across from a school. Mr. Boone stated that it could be an issue, but that the dumpsters are open rather than having covers that tend to make more noise. He also added that the landscape buffer should help with the noise. Brief discussion continued about the landscape buffer and fence requirements, including the possibility of granting a waiver to the fence requirement. The applicant was present. Raymond Richard, 8033 Boyt Road, addressed the Commission. He stated that he is a local demolition contractor and does work with the City. He added that he was raised next door to this property. Mr. Richard stated that it has always been commercial property 14 Planning Commission January 24, 2022 and that he uses it to store empty dumpsters for his demolition and barber shop businesses. He stated that he put a chain link fence around the property. Finally, he stated that he will do whatever is necessary for the City. The public hearing on this item was opened and closed without comment. Commissioner Quraishi moved to approve the request for a Specific Use Permit to allow a roll - off container and equipment storage yard in a GC -MD (General Commercial — Multiple -Family Dwelling) District, as requested in file PZ2021-456 with the following conditions: 1. Install landscaping and screening to meet City Ordinance requirements. 2. Clean all dumpsters before storing them at this location. 3. Shield all security lighting from neighboring residential properties. Commissioner Noyola seconded the amended motion. The motion to approve carried 8:0. OTHER BUSINESS None. THERE BEING NO OTHER BUSINESS, THE MEETING ADJOURNED AT 4:18 P.M. 15 -zz' ZJ - TIM STALE OF TEXAS § COUNTY OF JEFFERSON § as a member of the (City Council, commission, or board) 16ke fbig affidavit and hereby on oath state the following: t 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 P I f� 4 /1 � (City Council, commission, or board) as those terms are defined in V,T,,C. A., Local Government Code, §171,002, The business entity is: 3,4," Elt 7 ,, e e3 (Name) (Address) ('L" or name of relative and relationship) have/has a substantial interest in this business entity for the Mowing 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 $5,000 or more of the fair market value of the business enfity. Funds received from the business entity exceed 10 percent of (my, her, his) — gross income for the previous year. Real property is involved, and (L he, she) - have an interest which is an equitable or legal ownership with a fair market value of at !,east $2,500. . A relative of mine, within the first or second degree of blood or marriage, has a substantial interest H1 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 affidavit with 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 1, "( day of Signature of Official (mod m Title BEFORE NW, the undersigned authority, on this day personally appeared stated that the facts hereinabove stated are true to the best of his/her knowledge or belief, and an oath SWORN to and subscribed before me on this day of 20 2, 1. CATHERINE $:AURALLEN t U 3 0 My Notary ID # 13230DO44 a Expires January 3,2024 1 Notary Public in and for the State of Texas