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HomeMy WebLinkAbout3-21-22 PC Minutes * M I N U T E S * JOINT PUBLIC HEARINGS PLANNING COMMISSION CITY COUNCIL City Council Chambers March 21, 2022 A Joint Public Hearing of the Planning Commission and City Council was held on March 21, 2022 and called to order at 3:17 p.m. with the following members present: Commission Members present: Chairman Sina Nejad Commissioner Johnny Beatty Commissioner Hamza Jabbar Commissioner Shawn Javed Commissioner Darius Linton Commissioner Lynda Kay Makin Commissioner Tom Noyola Commissioner Sandy Pate Commissioner Taher Quraishi Commission Members absent: Alternate Commissioner Erika Harris Alternate Commissioner Eddie Senigaur Alternate Commissioner Rogers Sorrell Jr. Councilmembers present: Mayor Robin Mouton Mayor Pro Tem Audwin Samuel Councilmember Randy Feldschau Councilmember Taylor Neild Councilmember Mike Getz Councilmember Chris Durio Also present: Chris Boone, Director of Planning & Community Development Adina Josey, Senior Planner Sharae Reed, City Attorney Miles Haynes, Management Assistant Catherine Allen, Recording Secretary APPROVAL OF MINUTES Commissioner Noyola moved to approve the minutes of the Joint Public Hearings held on February 21, 2022. Commissioner Javed seconded the motion. The motion to approve the minutes carried 9:0. 1 Planning Commission March 21, 2022 REGULAR MEETING 1) PZ2022-60: Request for Preliminary Plat approval of the Preliminary Plat of Faith Estates, Section 1, Beaumont, Jefferson County, Texas. Applicant: Aaron Ward of Faust Engineering and Surveying, Inc. Location: The 5000 block of Plant Road Mr. Boone presented the staff report. The Preliminary Plat of Faith Estates was first approved in September of 2007 and was again approved in March of 2019. The two (2) years allowed for development of the subdivision has passed, therefore Faust Engineering and Surveying, Inc,, has once again requested Preliminary Plat approval of Faith Estates Section 1. The development is located south of Plant Road and west of Helbig Road. The 9.72 acre development is a forty (40) lot residential lot subdivision in an R-S (Residential Single -Family Dwelling) District. The proposed streets will have 60 foot rights-of-way. Grace Lane and Peace Street will have 38 foot pavement widths and Favor Street will have a 28 foot pavement width. Both Grace Lane and Favor Street will access Plant Road. Water and sewer will be provided by extension of City utilities. Section 26.03.004 of the City Ordinance states, "When platting, sidewalks shall be installed prior to the final building inspection. If the lot is not developed within five (5) years of the recordation of the final plat, the current property owner shall construct the sidewalk." Sidewalks will need to be shown on the plat and a note will need to be placed on the Final Plat stating that sidewalks shall be constructed by the current property owner if lots are not developed within five (5) years of recordation of the plat. Section 26.03.008(2) of the City Ordinance states, "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." Several of the streetlights are shown less than 200' apart. As Grace Lane will extend more than one hundred fifty (150) feet beyond Favor Street, a temporary cul-de-sac will be required. Section 26.03.002(7)(C) states, "If the street extension is not under construction within two (2) years of the date of city acceptance of the dead-end street on which a temporary cul-de-sac was permitted, then the developer shall construct a permanent cul-de-sac in accordance with city standards within six (6) months of the end of the two year period." If not extended within two (2) years, the cul-de-sac would need to be replaced with a permanent cul-de-sac. Section 26.03.001(2) states, "Land which the planning commission finds to be unsuitable for subdivision or development due to flooding, improper drainage, . . . shall not be subdivided or developed unless adequate methods are formulated by the developer and approved by the planning commission that will solve the problems created by the unsuitable land conditions." Due to improper drainage at this site, Drainage District #6 is requiring that a temporary ditch will need to be constructed in a private drainage easement which delivers runoff to the DD6 ditch to the south. A storm drain tie in permit will be required with DD6 at the outfall, adhering to DD6 requirements. In addition, water and sewer availability in this area may not be adequate to serve 2 Planning Commission March 21, 2022 the entire conceptual Faith Estates subdivision. Water Utilities will require a water and sewer capacity analysis prior to acceptance of the subdivision. Slides of the proposed plat were shown. Staff recommended approval of the request with the following conditions: 1. Sidewalks must be shown. 2. Adjust street lights to meet City Ordinance requirements. 3. Temporary cul-de-sac must be installed at the end of Grace Lane. (Fire Department) 4. A temporary ditch will need to be constructed in a private drainage easement which delivers runoff to the DD6 ditch to the south. A storm drain tie in permit will be required with DD6 at the outfall, adhering to DD6 requirements. 5. Provide a water and sewer capacity analysis of the area showing they are sufficient for the entire Faith Estates concept. 6. Fire Hydrants required at a maximum of 500' between hydrants. Brief discussion followed concerning the condition for a temporary ditch and future drainage as further development occurs. The applicant was present. Richard Faust, representing Faust Engineering, 5550 Eastex Freeway Suite O, addressed the Commission. He stated that the temporary ditch will be piped and that a detention pond will be built as development continues. Further discussion followed concerning how the temporary ditch will be piped and the specifics on the site plan. Commissioner Beatty asked the applicant if he understood and would adhere to the proposed conditions and Mr. Faust confirmed his understanding and acceptance of the conditions. Commissioner Quraishi moved to approve the request for Preliminary Plat approval of the Preliminary Plat of Faith Estates, Section 1, Beaumont, Jefferson County, Texas, as requested in file PZ2022-60 with the following conditions: 1. Sidewalks must be shown. 2. Adjust street lights to meet City Ordinance requirements. 3. Temporary cul-de-sac must be installed at the end of Grace Lane. (Fire Department) 4. A temporary ditch will need to be constructed in a private drainage easement which delivers runoff to the DD6 ditch to the south. A storm drain tie in permit will be required with DD6 at the outfall, adhering to DD6 requirements. 5. Provide a water and sewer capacity analysis of the area showing they are sufficient for the entire Faith Estates concept. 6. Fire Hydrants required at a maximum of 500' between hydrants. Commissioner Noyola seconded the motion. The motion to approve carried 9:0. JOINT PUBLIC HEARINGS 3 Planning Commission March 21, 2022 Mayor Mouton called the Joint Public Hearings of March 21, 2022 to order at 3:29 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. 2) PZ2022-64: Request for a Specific Use Permit to allow a middle school and high school in the GC-MD (General Commercial – Multiple-Family Dwelling) District. Applicant: Harmony Public Schools Location: 6490 Phelan Boulevard Mr. Boone presented the staff report. Harmony Public Schools is requesting a Specific Use Permit to allow a middle school and high school at 6490 Phelan Boulevard. Plans are to build a 100,000 square foot building to house a new secondary school with 750 students and 100 staff members. The campus is expected to function similar to a traditional public school in terms of hours of operation. A left turn bay (median cut) will need to be provided by the developer for east bound traffic on Phelan Blvd. to access the main entrance to the school. Drainage calculations and a traffic impact analysis will need to be provided along with the permit application demonstrating that the proposed development will have no negative impacts on the surrounding area. The submitted site plan appears to include drainage detention in Drainage District #6's easement. Detention will not be allowed in the easement. In addition, the proposed school will be adjacent to residentially zoned property to the north, east and west. Although trees are shown along the north and west property lines, they do not meet Ordinance requirements. Per City Ordinance an eight (8) foot tall, wood or masonry privacy fence and a ten (10) foot wide landscaped buffer is required along those property lines. The landscaped buffer shall have one (1) class A or two (2) class B trees every twenty-five (25) linear feet. Slides of the subject property, site plan and surrounding area were shown. Seventy-four (74) notices were mailed to property owners within two hundred (200) feet of the subject property. Two (2) responses were received in opposition and zero were received in favor. Staff recommended approval of the request with the following conditions: 1. Provide drainage calculations showing no negative impact. Adequate detention volume must be incorporated which will maintain existing conditions of runoff. The DD#6 easement on the east side of the property may not be used for detention. 2. Provide a left turn bay (median cut) for east bound traffic on Phelan Blvd. 3. Provide a traffic analysis showing no significant negative impact. 4. Provide landscaping to meet City Ordinance requirements. Discussion followed concerning lighting being a potential problem for the surrounding residential neighborhood and the possibility of adding a condition concerning lighting. 4 Planning Commission March 21, 2022 Commissioner Makin asked about the tree requirement and Mr. Boone clarified that the existing trees would be able to stay, but that some would also need to be added. Councilmember Linton asked about potential bus traffic and Mr. Boone referred to the condition of a traffic analysis. Commissioner Pate asked about potential noise issues, such as a marching band. Mr. Boone stated that noise could be a potential issue, but stated that the applicant was present and could perhaps address this issue. The applicant was present. Jeff Payne, Outreach and Communications Director at Harmony School, 4055 Calder Avenue, addressed the Commission. He provided paperwork to the Commission. He stated that Harmony currently has around six hundred (600) students that get off and on the current campus efficiently without bus service. He added that he stood before the Commission to advocate for the school and provided some facts about the success of the school, such as a US News and World Report ranking as a top high school, and a 100% college acceptance rate. Mr. Payne added that Harmony has a culture which insists on excellence and that the students have a requirement of one hundred (100) hours of volunteer work in the community. Finally, he stated that many of their graduates stay in the area and continue to contribute to the local community. Chairman Nejad asked about the issues of lighting and noise that had been discussed. Mr. Payne stated that the noise should be no more than other schools that are in residential areas and that since they are primarily a STEM based school, they do not have a marching band. Chairman Nejad stated that the current Harmony campus is next to his office and praised the school for being a peaceful neighbor. Commissioner Noyola stated that as a retired educator, he has had the privilege of meeting with and recruiting students from Harmony and praised their program. The public hearing on this item was opened. David Bradley, 2165 North Street, addressed the Commission. He stated that he has served on the Texas State Board of Education and spoke about the success of charter schools such as Harmony. Mr. Bradley stated that charter schools are public schools that are privately operated and allow school choice. He gave a brief history of Harmony school’s twenty (20) years of success in its current location and requested the opportunity for it to expand. Sondra Nelson, Dean of College Counseling, Harmony School, 4055 Calder Avenue, addressed the Commission. She stated that she has worked at Harmony for ten (10) years. She added that Harmony has a 100% graduation rate and a 99% college acceptance rate. Ms. Nelson stated that she recently attended a ceremony of a Harmony graduate who was being recognized at Lamar University and chosen to conduct research in Canada on cancer cells. She stated that this is the type of graduate that they produce at Harmony. Finally, she stated that Harmony is a great place to work and learn and asked the Commission for their support for the project. 5 Planning Commission March 21, 2022 Teresa Gore, 535 Parsons Drive, addressed the Commission. She stated she sent in the property owner notices in opposition. She stated her concerns about drainage, bars near the planned school, traffic and lighting. She added that the trees that were shown were not on the subject property so they should not count towards the tree requirement. Ms. Gore stated that most people on the north end of Parsons Drive, and on Ivanhoe and Afton, were renters so they were not informed about this request because the letters only go to property owners. Finally, she stated that the traffic in the area already backs up and has concerns about additional traffic. Mike Albanese, 1850 Thomas Road, addressed the Commission. He stated that he owns the retail center in front of the subject property and is the largest commercial owner that would be affected. He stated that he agrees with the proposed conditions and that they are reasonable and make sense. He added that he has been working with Harmony on the project and supports it 100%. Mr. Albanese stated that they have spoken about working out the access behind the shopping center and that deliveries would not be a problem. He added that directional lighting could help with any lighting issues for the surrounding neighborhood. Next, he stated that he has owned the shopping center for around a year and has recently completed renovations. He also added that he will not be making any deals with any new bars and that he works with the police department to maintain safety. Finally, he reiterated his support for the request. The public hearing on the request was closed without further comment. The applicant was given an opportunity to speak in rebuttal, but they declined to make any further comment. Discussion followed concerning the lighting and noise issues. Commissioner Jabbar stated that with no marching band and steps already taken to minimize noise from the bar located in the shopping center, the noise should not be an issue. Mr. Boone suggested a fifth condition be added to state that lighting be designed such to minimize impact on surrounding residential properties. Commissioner Quraishi moved to approve the request for a Specific Use Permit to allow a middle school and high school in the GC-MD (General Commercial – Multiple-Family Dwelling) District, as requested in file PZ2022-64 with the following conditions: 1. Provide drainage calculations showing no negative impact. Adequate detention volume must be incorporated which will maintain existing conditions of runoff. The DD#6 easement on the east side of the property may not be used for detention. 2. Provide a left turn bay (median cut) for east bound traffic on Phelan Blvd. 3. Provide a traffic analysis showing no significant negative impact. 4. Provide landscaping to meet City Ordinance requirements. 5. The lighting be designed such to minimize impact on surrounding residential properties. Commissioner Makin seconded the motion. Commissioner Noyola asked if required security should be added as a condition and Mr. Boone replied that typically only drinking places have required security as a condition and that the 6 Planning Commission March 21, 2022 school would be subject to regulation and would also have the security of its students in its own interest. Commissioners Beatty and Javed applauded Harmony for its contribution to the community and its equal opportunity for education. Commissioner Pate stated that with Mr. Payne’s musical talent, she hoped there would be more music education in the future. The motion to approve the request carried 9:0. OTHER BUSINESS None. THERE BEING NO OTHER BUSINESS, THE MEETING ADJOURNED AT 4:07 P.M. 7