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HomeMy WebLinkAbout4-18-22 PC Minutes*MINUTES* JOINT PUBLIC HEARINGS PLANNING COMMISSION CITY COUNCIL City Council Chambers April 18, 2022, A Joint Public Hearing of the Planning Commission and City Council was held on April 18, 2022and called to order at 3:00 p.m. with the following members present: Commission Members present: Commission Members absent Councilmembers present: Acting Chair Lynda Kay Makin Commissioner I larnza Jabbar Commissioner Shawn Jawed Commissioner Tom Noyola Commissioner Sandy Pate Commissioner Taher Quraishi Alternate Commissioner Erika Harris Alternate Commissioner Rogers Sorrell Jr. Chairman Sina Nejad Commissioner Johnny Beatty Commissioner Darius Linton Alternate Commissioner Eddie Senigaur Mayor Robin Mouton Mayor Pro Tem Audwin Samuel Councilmember Randy Feldschau Councilmember Taylor Neild Also present: Chris Boone, Interim City Manager Adina Josey, Senior Planner Sharae Reed, City Attorney Miles Haynes, Management Assistant Catherine Allen, Recording Secretary All , 11111 Commissioner Pate moved to approve the minutes of the Joint Public Hearings held on March 21, 2022. Commissioner Jawed seconded the motion. The motion to approve the minutes carried 6:0. REGULAR MEETING Planning Commission April 18, 2022 1) PZ2022-106: Request for a Replat of Lots 3A and 4A into Lots 3A-1 and 4A-1, Block 1, Amelia Meadows, Section. One, Beaumont, Jefferson County, Texas. Applicant: Thomas S. Rowe of Mark W. Whitely & Associates, Inc. Location: 8035 and 8045 Pevitot Road. Mr. Boone presented the staff report. Thomas S. Rowe, of Mark Whiteley & Associates, has requested approval of a Replat of Lots 3A & 4A into Lots 3A-1 & 4A-1, Block 1, Amelia Meadows Addition, Beaumont, Jefferson County, Texas. The purpose of the plat is to transfer ownership of an approximately ten -foot strip between the properties. All utilities appear to be in place and both lots meet all requirements for platting. Slides of the proposed plat were shown. Four (4) notices were mailed to property owners within two hundred (200) feet of the subject property. Zero responses were received in opposition or in favor. Staff recommended approval of the request. The applicant was present. Tom Rowe, representing Mark. Whiteley & Associates, 655 Langham Unit 14, addressed the Commission. He stated that the property was previously replatted and then sold and that the new owner would like to return to the original platting, from 2008. The public hearing was opened and closed without comment. Commissioner Quraishi moved to approve the request for a Replat of Lots 3A and 4A into Lots 3A-1 and 4A-1, Block 1, Amelia Meadows, Section One, Beaumont, Jefferson County, Texas, as requested in file PZ2022-106. Commissioner Javed seconded the motion. The motion to approve carried 6:0. 2) PZ2022-109: Request for Preliminary Plat approval of the Whispering Heights, Phase 11, Beaumont, Jefferson County, Texas. Applicant: Bernardino Tristan of Fittz & Shipman, Inc. Location: Extension of Mumtaz Drive to the north. Mr. Boone presented the staff report. Fittz & Shipman, Inc. has requested preliminary plat approval of Whispering Heights, Phase 1. The development is located north of Rehan Wood Street, The 5.533 acre development is an eighteen (18) lot, residential subdivision in an R-S (Residential. Single -Family Dwelling) District. The proposed residential streets Taher `'Food and Yasmin Wood Street are proposed to have a 50 foot right-of-way and a 27 foot pavement width. All lots will access Pointe Parkway via the extension of Muntaz Drive and the existing Rehan Wood Street. Water and sewer will be provided by extension of City utilities. All proposed streets within Phase II are considered Minor Collector roadways per the number of dwelling units per the ordinance. Therefore, all proposed roadway pavements shall be 36-ft wide face of curb to face of curb within a 60-ft ROW. Seventy-five (75) dwelling units were counted from the master plan for Taher Wood Street. Section 26,03.002 of the Subdivision Ordinance 2 Planning Commission April 18,2022 states, "'(4) Collector streets and minor collector streets shall be constructed in new subdivisions by the subdivider..A street serving more than sixty-four (64), but less than four hundred fifty (450) dwelling units, shall be a i-ninor collector street with a right-of-way of no less than sixty (60) feet and a thirty -six-foot face of curb to face of curb pavement. . ." In addition, the streetlight layout needs to be revised to comply with the ordinance regarding streetlight spacing requirements. Section 26.03.008(a)(2) of the Subdivision Ordinance states, "Strectlights 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." Slides of the proposed plat were shown. Staff recommended approval of the request with the following conditions: 1. Construct all streets to meet City Subdivision Ordinance requirements. 2. Space streetlights to meet City Subdivision Ordinance requirements. 3. Add the following note to the final plat: If lots are not developed within five (5) years of the recordation of the final plat, the current property owner shall construct the sidewalk. Con-anissioner Makin stated that Commissioner Quraishi would be abstaining from the vote on this item. The applicant was present. Bernardino 'Tristan, representing Fittz & Shipman Inc., 1405 Cornerstone Court, addressed the Commission. He stated that they are excited to be a part of the second phase of this project and that he did not have anything further to add. Commissioner Noyola moved to approve the request for a Preliminary Plat approval of the Whispering Heights, Phase 11, Beaumont, Jefferson County, Texas, as requested in file PZ2022- 109 with the following conditions: 1. Construct all streets to meet City Subdivision Ordinance requirements. 2. Space streetlights to meet City Subdivision Ordinance requirements. 3. Add the following note to the final plat: If lots are not developed within five (5) years of the recordation of the final plat, the current property owner shall construct the sidewalk. Commissioner Javed seconded the motion. The motion to approve carried 5:0:1 (Quraishi). JOINT PUBLIC HEARINGS Mayor Mouton called the Joint Public Hearings of April 18, 2022 to order at 3:17 p.m. and explained the purpose of the Joint Public Hearing process. Mayor Mouton then turned the meeting over to Acting Chair Makin to conduct the Joint Public Hearings. 3) 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-Fainily Dwelling — 2) District. Applicant: Aaron Ward of Faust Engineering and Surveying, Inc. 3 Planning Commission April 18,2022 Location: 2855 N. Major Drive Mr. Boone presented the staff report. Aaron Ward, of Faust Engineering and Surveying, Inc., is requesting a Specific Use Permit to allow a commercial strip center including a laundromat, retail and office space at 2855 N. Major Drive. This property was annexed in 2016 and zoned to GC-MD-2 (General Commercial - Multiple Family Dwelling - 2) in 2018. Existing development on this portion of the west side of Major Drive was existing when the annexation took place. Mr. Ward states that possible uses may include a laundromat, retail and office space. The site will include tip to twelve (12) lease spaces. All utilities, are available along North Major Drive and the developer states that drainage will be provided by TXDOT (Texas Department of Transportation). A six foot wide landscaped strip and a sidewalk will be required along Major Drive. Slides of the subject property, site plan and surrounding area were shown. Five (5) notices were mailed to property owners within two hundred (200) feet of the subject property. Zero responses were received in opposition or in favor. Staff recommended approval of the request with the following conditions: 1. Must meet all requirements by Water Utilities for any water and sanitary sewer improvements, including any requirements of the City's backflow and/or pre-treatment programs. 2. Install landscaping to meet City of Beaumont regulations. 1 Acquire TXDOT permission for the sidewalk along Major or construct the sidewalk on private property, Commissioner Makin asked about the sidewalk and landscaping requirements and Mr. Boone stated that the applicant's engineer will have to work with the engineers at the City and TXDOT to establish the sidewalk placement, Councilmember Quraishi asked how many entrances and exits the center will have and Mr. Boone replied that there will be only one and since it is a high traffic area, the applicant will have to work with TXDOT on traffic issues. The applicant was present. Richard Faust, representing Faust Engineering, 5550 Eastex Freeway Suite 0, addressed the Commission. He stated that he did not have any additional information to provide and asked that the Commission grant the request. The public hearing on this item was opened and closed without comment. Commissioner Jabbar moved to approve the 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, as requested in file PZ2021-455 with the following conditions: 0 Planning Commission April 18, 2022 1. Must meet all requirements by Water Utilities for any water and sanitary sewer improvements, including any requirements of the City's backflow and/or pre-treatment programs. 2. Install landscaping to meet City of Beaumont regulations. 3. Acquire TXDOT permission for the sidewalk along Major or construct the sidewalk on private property, Commissioner Pate seconded the motion. The motion to approve the request carried 6:0. 4) PZ2022-16: Request for a Specific Use Permit to allow a drinking place in the GC -MD (General Commercial — Multiple -Family Dwelling) District. Applicant: Tammi Scott Location: 10425 Eastex Freeway, Suite I O�O Mr. Boone presented the staff report. Tammi Scott is requesting a Specific Use Permit to allow a drinking place at 10425 Eastex Freeway, Suite 100, This item was presented at a Joint Public Hearing in February, but Ms. Scott could not attend the meeting, this item was tabled for a meeting when she could be present to answer questions. Ms. Scott states that they plan to offer a family friendly environment; all of their classic flavors are available in anon -alcoholic option. This location will have a drive-thru window offering to - go daiquiris as well. Hours of operation will be Sunday from noon until 10: 00 p.m., Monday - Wednesday from 2:00 pm. until 10:00 p.m. and Thursday - Saturday from noon until midnight. This use is compatible with uses to the north and south of the property. There will, however, be a 12'x 60'outdoor patio area next to the building where they plan to host game nights, karaoke and live music. This could be problematic due to the residential properties directly across Old Voth Road. A sound barrier must be provided to protect these residences from loud music, etc. In addition, the drive-thru lane will be placed between the restaurant and the patio. This could potentially create a hazard for patrons accessing the patio by crossing the drive-thru lane, In addition, adequate protection for the patrons in the patio from errant vehicles should be provided. Slides of the subject property, site plan and surrounding area were shown. Eight (8) notices were mailed to property owners within two hundred (200) feet of the subject property. One response was received in opposition and one response was received in favor. Staff recommended approval of the request with the following conditions: I. Provide an eight (8) foot sound barrier along the entire west side of the outdoor patio area, 2. The layout and design of the drive-thru and patio need to provide adequate protection to the pedestrians and patrons from errant vehicles such as columns, bollards, pavement markings and directional signage. Final approval subject to approval by City Engineering. 69 Planning Commission April 18,2022 Commissioner Makin asked about the sound barrier and Mr. Boone stated that it is usually an eight (8) cinder block and would need to be on the west side of the patio. Commissioner Pate asked about the separation of the patio and the drive-thru and Mr. Boone stated that it is a concern of staff and the reason for the second condition. The applicant was present, Tammi Scott, 4318 Country Club View, Baytown, TX, addressed the Commission. She stated that they have an existing daiquiri shop with the same design which includes a crosswalk with bright yellow paint and cement barriers with planters to provide both safety and aesthetics. She added that there is a railing with wiring on the deck so that children are unable to get off of the patio. She added that a gate and concrete benches also prevent safety issues with the drive-thru and the patio. Commissioner Makin asked about the existing location and Ms. Scott replied that it has been in business in Baytown, TX for over a year and has not had any problems with the drive-thru and patio. 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 drinking place in the GC -MD (General Commercial — Multiple -Family Dwelling) District, as requested in file P72022-16 with the following conditions: 1. Provide an eight (8) foot sound barrier along the entire west side of the outdoor patio area. 2. The layout and design of the drive-thru and patio need to provide adequate protection to the pedestrians and patrons from errant vehicles such as columns, bollards, pavernerit markings and directional signage. Final approval subject to approval by City Engineering. Commissioner Pate seconded the motion. The motion to approve the request carried 6:0. 5) P72022-76: Request for a Revised Specific Use Permit to allow a convenience store and gas station in the GC-MD-2 (General Commercial — Multiple -Family Dwelling-2) District. Applicant: Rahil Maredia Location: 4050 Magnolia Avenue Mr. Boone presented the staff report. Rahil Maredia is, requesting a revised Specific Use Permit to allow a convenience store and gas station at 4050 Magnolia Avenue. Tn October of 2021, a Specific Use permit was approved for a 6,000 square foot building. It was expressed that a larger space would be welcomed, so the applicant has returned with a larger building. The proposed building would be approximately 9,000 square feet. A portion would be occupied by a convenience store with deli and would be open fron-i 7:00 a.m. to 11:00 p.m. Sunday through Thursday and from 7:00 a.m. to midnight Friday & Saturday. The remaining structure would potentially be occupied by a washatefia, a restaurant and retail space. 1.1 Planning Commission April 18, 2022 As the store would front on Magnolia Avenue, the use would be compatible with surrounding uses. The rear of the building will be located in GC-MD-2 (General Commercial — Multiple - Family Dwelling-2) zoning, therefore requiring a Specific Use Permit. The parking lot should show the edge of pavement along the eastern edge, delineating between concrete and grassy areas, and the south edge must be at least two (2) feet from the interior property lines of the adjoining property. A few of the parking spaces are in awkward locations and are not needed, such as the three (3) spaces between the front driveways, the two (2) spots in the southwest corner and the seven (7) spots in the northwest corner. Along the Magnolia Avenue frontage, a six (6) foot wide landscaped buffer with shrubs will be required. Along the portion of LaSalle next to the parking and fuel pumps, a six (6) foot wide landscaped strip with trees and shrubs will be required. All landscaping will be required to meet City Ordinances including irrigation. 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 zero responses were received in opposition. Staff recommended approval of the request with the following conditions: 1. Landscaping required to meet City Ordinance requirements. I Show edge of pavement at least two, (2) feet from adjoining property line and remove urmecessary parking spaces. 3. Construction Plans must meet all requirements by Water Utilities for water and sanitary sewer improvements including, any requirements of the City's backflow, pre-treatment and/or F.O.G. program. Commissioner Quraishi asked about the additional lots on the site plan and Mr. Boone stated that those lots were to be left undeveloped at this time. The applicant was present. Rahil Maredia, 4519 Sterling Wood Way, Houston, TX addressed the Commission. He stated that a previous specific use permit was approved in October of 2021 for a 6,000 square foot building, but that the feedback received at that meeting caused them to change the request to expand to a 9,000 square foot building. He stated that the other lots mentioned would not be developed at this time, but may be developed in the Riture or could be used to meet driveway requirements if necessary. Finally, Mr. Maredia added that he understands and will comply with the proposed conditions. The public hearing on this item was opened and closed without comment, Commissioner Quraishi moved to approve the request for a for a Revised Specific Use Permit to allow a convenience store and gas station in the GC-MD-2 (General Commercial — Multiple -Family Dwelling-2) District, as requested in file PZ2022-76 with the following conditions: 7 Planning Commission April 18, 2022 1. Landscaping required to meet City Ordinance requirements. 2. Show edge of pavement at least two (2) feet from adjoining property line and remove unnecessary parking spaces, 3. Construction Plans must meet all requirements by Water Utilities for water and sanitary sewer improvements including, any requirements of the City's backflow, pre-treatment and/or F.O.G. program. Commissioner Jabbar seconded the motion. The motion to approve the request carried 6:0. 6) PZ2022-1 00: Request for a Specific Use Permit to allow a drinking place in the GC -MD (General Commercial — Multiple -Fancily Dwelling) District. Applicant: Kim Copelin Location: 5910 Mucla Creek Dr., Suite E Mr. Boone stated that after discussions with the applicant, this item is being tabled. 7) PZ2022-1 11: Request for a Specific Use Permit to allow a brewpub in the GC -MD (General Commercial — Multiple -Family Dwelling) District. Applicant: Gabrielle Blanco Location: 6280 Phelan Boulevard Mr. Boone presented the staff report. Gabrielle Blanco is requesting a Specific Use Permit to allow a brewpub at 6280 Phelan Blvd. Half of the suite would be used to produce beer and the other half would be a family friendly restaurant. Hours of operation will be Monday through Thursday from 11:00 a.m. to 10:00 p.m., Friday & Saturday from 11:00 a.m. to 12:00 a.m. and Sunday from noon to 9:00 p.m. Ms. Blanco has been operating a brewpub and restaurant in a nearby community and would like to bring her facility to Beaumont. Slides of the subject property, site plan and surrounding area were shown. Twenty-two (22) notices were mailed to property owners within two hundred (200) feet of the subject property. Seven (7) responses were received in favor and zero responses were received in opposition. Staff recommended approval of the request with the following condition: 1. Construction plans must meet all requirements by Water Utilities for any water and sanitary sewer improvements, including any requirements of the City's backflow and/or pre-treatment programs. Commissioner Makin asked about the school that is plarined to be near the shopping center being a potential issue and Mr. Boone stated that staffdid not think it would be an issue because it will not be close to the school traffic and will have a fence to separate the business and the school. The applicant was present. Gabrielle Blanco, 1211 Boston Ave, Nederland, TX, addressed the Commission. She stated that she and her husband are excited for the opportunity to bring their M Planning Commission April 18, 2022 business to Beaumont. She added that their existing business has been open in Nederland for over two (2) years. Mayor Mouton asked if the applicant was aware of the school that will be near the shopping center and Ms. Blanco replied that they are aware and that they are a family friendly restaurant and are excited to form a relationship with the school, as they have with Nederland schools. She added that the brewpub portion of the business is completely separate from the restaurant and that they do not have a liquor license. Commissioner Makin asked how the brewpub and restaurant are separated and Ms. Blanco stated that there are partitions to separate them. Councilmember Neild asked if this business would be violating state law by having the brewpub so close to a school and Ms. Reed stated that because they do not have a liquor license it would not be in violation. The public hearing on this item was opened and closed without comment. Commissioner Jabbar moved to approve the request for a Specific Use Peril -lit to allow a brewpub in the GC -MD (General Commercial — Multiple -Family Dwelling) District, as requested in file PZ2022-1 11 with the following condition: 1. Construction plans must meet all requirements by Water Utilities for any water and sanitary sewer improvements, including any requirements of the City's backflow and/or pre-treatment programs. Commissioner Pate seconded the motion. The motion to approve the request carried 6:0. 8) PZ2022-112: Request for a Specific Use Permit to allow a religious organization in the GC- MD-2 (General Commercial — Multiple -Family Dwelling-2) District. Applicant: The Sikh Center of Southeast Texas Location: 1610S. Major Drive Mr. Bootie presented the staff report, The Sikh Center of Southeast Texas is requesting a revised Specific Use Permit to allow a religious organization at 1610 S. Major Drive. The center will be open on Sundays from 10:00 a.m. to 3::00 p.m., oil religious holidays and occasionally during the week. This property fronts on Major Drive, but will share a driveway with the property to the north and rear of this Lot, as TXDOT has restricted the driveway access for both properties to one Major Drive access. A six (6) foot wide landscaped buffer with shrubs will be required along the width of the Major Drive frontage due to the parking lot adjacent to the right-of-way. One landscaped island will be required within the parking layout, containing one (1) class A or two (2) class B trees. Due to the residential property along the south property line, a ten (10) foot wide landscaped buffer containing trees will be required along that property line. One (1) class A or two (2) class B trees must be planted for every twenty-five (25) lit -tear feet along that property line, In .J4 Planning Commission April 18, 2022 addition, an eight (8) foot tall, wood or masonry fence must be located for the length of the south property line. 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. Zero responses were received in favor or in opposition. Staff recommended approval of the request with the following condition: 1, Landscaping required to meet City Ordinance requirements. Commissioner Quraishi asked about the square footage of the building and Mr. Boone stated that he did not have that information, but that the applicant was present. The applicants were present. Diana Gomez and Stephanie Wheat, 12410 Keith Road, addressed the Commission. They stated that the building will be around 5,000 square feet and that they did not have any additional information to add., The public hearing on this item was opened, Nancy Resendez, executor of the estate of Joann Haltom, 1219 N 17"' St, Nederland, TX, addressed the Commission. She stated that she received a property owner notice, that there are several owners of the property and that they plan to sell the property. She added that they had not all received notices and that the zoning was incorrect, but that she has no objection to the request. Mr. Boone clarified that the notice requirements were met and that the zoning was correct. The public hearing on this item was closed without further comment. Commissioner Quraishi moved to approve the request for a Specific Use Permit to allow a religious organization in the GC-MD-2 (General Commercial — Multiple -Family Dwelling-2) District, as requested in file PZ2022-112 with the following condition: 1. Landscaping required to meet City Ordinance requirements, Commissioner Jabbar seconded the motion. The motion to approve the request carried 6:0. OTHER BUSINESS None. THERE BEING NO OTHER BUSINESS, THE MEETING AI)JOUIZNED AT 3:56 P.M. PE T14E STATE OF TEXAS § COUNTY OF JEFFERSON § as a member of the (City Council, 4 commission. or, board) make this affidavit and hereby on oath state the following: L and/or a person or persons related to me, have a substantial interest in a business entity that would be peculiarly affected by a vote or decision of the (City Council, commission, or board) as those terms are defined in V.T.C.A., Local dovernment Code, §171.002. The business entity is: 4'1000D J--)I--"� 1-0PM&N-r ZP (Name) (Address) CT," or name of relative and relationship) ­-[�,�'I' d2tCK0I-.S1WI —have/has asubstantial interest in this business entity for the following reasons: (check all of which are applicable,) Ownership of 10 percent or more of the voting stock or shares of the business entity. Ownership of either 10 percent or more or $5,000 or more of the fair market value of the business entity, 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 beast $2,500. A relative of mine, within the first or second degree .of blood or marriage, has substantial interest in the business entity or property dW 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 dec'ision involving this business entity and from any fluther participation on this matter whatsoever., Signed this day of A-P,,�a 20.2-Z, Signature of Official Title BEFORE ME, the undersigned audiority, on this day personally appeared TzI e- 0 � 11�-; SC and an oath stated that the facts hereinabove stated are true to the best of his/her knowledge or belief. SWORN to and subscribed before me on this day of CATHERINE SAUR ALLEN Notary Public in and for the State of Texas 11 My Notary ID # 132300044 .."0 Expires January 3, 2024