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HomeMy WebLinkAboutAugust 2022 PC Packet"AGENDA* PLANNING COMMISSION August 15, 2022 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/UCnY6nNI(8ZfXZUIMgl7bwER *AGENDA ROLL CALL APPROVAL OF MINUTES Approval of the minutes of the Meetings held May 16 and June 27, 2022. I{�_ULI�i�II:��.Ullyl� D�lY�►1;!' 1) PZ2022-264: Request for Preliminary Plat approval of Mustang CAT Sales and Service Center, Beaumont, Jefferson County, Texas. Applicant: Chris Rhodes, R.P.L.S. of Civil -Sure Land Surveying L.L.C. Location: 2905 W. Cardinal Drive 2) PZ2022-266: Request for approval of the Replat of Lots 16, 17 and the south %2 of Lot 18 into Lots 16A and 17A, Block 1, Woodlawn Addition, Beaumont, Jefferson County, Texas. Applicant: Thomas S. Rowe of Mark W. Whitely & Associates, Inc. Location: 3805 & 3825 Jerry Drive 3) PZ2022-279: Request for approval of the Replat of Section V Lots 1-8, Section VI Lots 3-10 and part of Water Edge into Section V, Lots 1A- 8A. Section VI, Lots 3A- 10A, and part of Water Edge, Crescent on Walden, Phase I, Beaumont, Jefferson County, Texas. Applicant: Scott Brackin of Access Surveyors Location: 7705-7740 Water Edge JOINT PUBLIC HEARING 4) PZ2022-216: A request for a Specific Use Permit to allow a new railroad spur in an RS (Residential — Single -Family Dwelling) District, Applicant: BNSF Railway c/o Jonathan Hart Location: The northeast and west sides of the 600 block of Amarillo Street and the south side of the 2600 block of Fannin Street 5) PZ2022-247: A request for a Specific Use Permit to allow a dwelling unit along with a new law office in the CBD (Central Business District). Applicant: Jonathan Vernon Location: 681 Park Street OTHER BUSINESS ADJOURN Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact Kaltrina Minick at 880-3777. *MINUTES* JOINT PUBLIC HEARINGS PLANNING COMMISSION CITY COUNCIL City Council Chambers May 16, 2022 A Joint Public Hearing of the Planning Commission and City Council was held on May 16, 2022 and called to order at 3:01 p.m. with the following members present: Commission Members present: Chairman Sina Nejad Commissioner Johnny Beatty Commissioner Hamza Jabbar Commissioner Shawn Javed Commissioner Lynda Kay Makin *wived at 3:18 p.m. Cornrnissioner Torn. Noyola Commissioner Sandy Pate Commission Members absent: Commissioner Darius Linton Commissioner Taher Quraishi Alternate Commissioner Erika Harris Alternate Commissioner Eddie Senigaur Alternate Commissioner Rogers Sorrell Jr. Council members 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, Interim City Manager Adina Josey, Senior Planner Sharae Reed, City Attorney Miles Haynes, Management Assistant Catherine Allen, Recording Secretary Chairman Nejad expressed his appreciation of Commissioner Makin for chairing the previous meeting in his absence. APPROVAL OF MINUTES Planning Commission May 16, 2022 Commissioner Pate moved to approve the minutes of the Joint Public Hearings held on April 19, 2022. Commissioner Javed seconded the motion. The motion to approve the minutes carried 6:0. REGULAR MEETING 1) PZ2022-152: Request for an abandonment of the alleyway in Block 57 of the Van Wormer Addition. Applicant: Husain Dadabhoy, Pawan Kumar and Ahmed Vaid Location: Alleyway between Orange, Victoria, Bowie and Fannin Streets Mr. Boone presented the staff report. Husain Dadabhoy, Pawan Kumar and Ahmed Vaid are requesting the abandonment of the alleyway in Block 57 of the Van Wormer Addition. The applicants own the proposed Beaumont Recycling Center at 565 Orange Street and have purchased the property on both sides of an existing twenty (20) foot wide alley. There is a sanitary sewer line crossing the east end of the alley. A Specific Use Pert -nit will be required for a recycling center in an LI (Light Industrial) District prior to any construction permits or a Certificate of Occupancy being issued. This item was sent to all interested parties with no responses in opposition. Slides of the subject property were shown. Staff recommended approval of the request with the following condition: 1. 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. The applicant was present. Husain Dadabhoy, representing Beaumont Recycling Center, 2901 Highway 365, Port Arthur, TX, addressed the Commission. He stated that the property has an easement in the center and they want to build out the property. Brief discussion followed concerning the easement placement. Commissioner Jabbar moved to approve the request for an abandomnent of the alleyway in Block 57 of the Van Wormer Addition, as requested in file PZ2022-152 with the following condition: 1. 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 Javed seconded the motion. The motion to approve carried 6:0. Q Planning Commission May 16, 2022 2) PZ2022-160: Request for an abandonment of a portion of Park Street, between Milam and Gilbert Streets. Applicant: City of Beaumont Planning Division Location: Park Street between Milam and Gilbert Streets Mr. Boone presented the staff report. Transit is requesting the abandonment of a portion of Park Street, between Milam and Gilbert Streets. This portion of Park Street is adjacent to the current City Bus parking lot. As a result of scheduled vehicle replacements, the fleet of busses has outgrown the available parking area. Due to existing water and sanitary sewer lines in this portion of Park Street, a utility easement will need to be maintained in the right-of-way. No permanent structures shall be built within the utility easement. In addition, fire hydrant access will need to be accessible for maintenance. This item was sent to all interested parties. Slides of the subject property were shown. Staff recommended approval of the request with the retention of an easement. The applicant of this request is the City of Beaumont so the staff report served as the applicant's statement. Commissioner Noyola moved to approve the request for an abandonment of a portion of Park Street, between Milam and Gilbert Streets with the retention of the easement, as requested in file PZ2022-160. Connnissioner Javed seconded the motion. The motion to approve carried 6:0. 3) PZ2022-162: Request for Preliminary Plat approval of Graystone Subdivision, Phase I, Beaumont, Jefferson County, Texas. Applicant: Albert Elefano of Fittz & Shipman, Inc. Location: 3150 Wescalder Road Mr. Boone presented the staff report. Alberto Elefano of Fittz & Shipman, Inc., has requested Preliminary Plat approval of Graystone Subdivision, Phase I. This 8.5045 acre development consists of 31 residential lots in an R-S (Residential Single -Family Dwelling) District. The proposed collector streets Oak Crest Drive and Maple Grove Drive are to have 60 foot wide right-of-way and a 37 foot back -of -curb to back -of -curb pavement width. All lots will access Wescalder Road and meet the requirements for residential lots. Water and sewer will be provided by an extension of the city's facilities. The streetlight layout needs to be revised. Section 26.03.008(a)(2) of the Subdivision ordinance states, "Streetlights are requir-ed in all subdivisions developed after- the 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 rrs to provide an average separation of approximately two hundred fifty (250) feet. Yariations shall occur only where lot widths andlor other conditions necessitate. " 3 Planning Commission May 16, 2022 Slides of the subject property and proposed plat were shown. Mr. Boone informed the Commission of some changes that occurred after the staff report was written. Staff recommended approval of the request with the following conditions: 1. Revise streetlight layout to meet Ordinance requirements. 2. Future phases of Graystone will be limited until Jones Street is improved to City standards. 3. Additional right-of-way must be dedicated along Wescalder Road to allow a sixty -foot (60') wide collector street or limit future development to the west. 4. The design of final water and sewer utilities to be approved by City Engineering. Chairman Nejad asked if there was only one means of egress in the subdivision and Mr. Boone confirmed this to be correct and referenced the second proposed condition. The applicant was present. Albert Elefano, representing Fittz & Shipman, Inc., 1405 Cornerstone Court, addressed the Conunission. He stated that he understood and would comply with the conditions as amended. Brief discussion followed concerning the drainage ditch and detention pond. Commissioner Jabbar moved to approve the request for Preliminary Plat approval of Graystone Subdivision, Phase I, Beaumont, Jefferson. County, Texas, as requested in PZ2022-162 with the following conditions: 1. Revise streetlight layout to meet Ordinance requirements. 2. Future phases of Graystone will be limited until Jones Street is improved to City standards. 3. Additional right-of-way must be dedicated along Wescalder Road to allow a sixty -foot (60') wide collector street or limit future development to the west. 4. The design of final water and sewer utilities to be approved by City Engineering. Commissioner Pate seconded the motion. The motion to approve carried 6:0. JOINT PUBLIC HEARINGS Mayor Mouton called the Joint Public Hearings of May 16, 2022 to order at 3 :18 p.m. and explained the put -pose of the Joint Public Hearing process. Mayor Mouton then turned the meeting over to Chairman Nejad to conduct the Joint Public Hearings. 4) PZ2022-131: Request for a Specific Use Permit to allow a home daycare in an RS (Residential Single -Family) District. Applicant: Mary Delaney Location: 1225 Glendale Street 4 Planning Commission May 16, 2022 Mr. Boone presented the staff report. Mary Delaney is requesting a Specific Use Permit to allow a home daycare at 1225 Glendale Street. She plans to keep up to twelve (12) children ranging from six (6) weeks old up to thirteen (13) years old. The house where Mrs. Delaney wishes to operate her licensed childcare home is the parsonage located behind the Gospel Tabernacle. Due to the location behind the church, parking is not an issue. Hours of operation will be from 7:30 a.m, to 5:30 p.m., Monday through Friday. Slides of the subject property, site plan and surrounding area were shown. Twenty-four (24) 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 recommended approval of the request with the following condition: 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. Chairman Nejad asked if there would be a fencing requirement and Mr. Boone stated that there would not be, but that there is some fencing present. The applicant was present. Mazy Delaney, 1225 Glendale Street, addressed the Commission. She stated that she does have a privacy fence around the property and that there will also be a fence around the children's play area. She added that she understood the proposed condition and that she will serve up to twelve (12) children from ages six (6) weeks to thirteen (13) years in a faith based childcare setting. Chairman Nejad asked if she had experience in childcare and Ms. Delaney replied that she has previously run a home based daycare for four (4) years. The public hearing on this item was opened. Mark Dionne, 1190 Amelia Street, addressed the Commission. He stated that he did return a property owner notice in opposition. He added that he lives behind the subject property and opposed the request because it is a residential area; he is retired and desires a quiet area to live in. The applicant was given an opportunity to speak in rebuttal. Ms. Delaney stated that she understands Mr. Dionne's concerns, but that she does not think that noise will be an issue. She added that she has sixteen (16) grandchildren who are at her house often so if noise has not been an issue with them, it will not be with the daycare. She reiterated that she does have a privacy fence. The public hearing was closed without further comment. Commissioner Makin moved to approve the request for a Specific Use Permit to allow a home daycare in an RS (Residential Single -Family) District, as requested in file PZ2022-131 with the following condition: 5 Planning Commission May 16, 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. Commissioner Pate seconded the motion. The motion to approve the request carried 7:0. 5) PZ2022-140: Request to rezone a property from PUD (Planned Unit Development) to LI (Light Industrial) or a more restrictive district. Applicant: Gerald W. Farha representing B&L International Location: South of Cardinal Drive and west of the City sewage treatment plant. Mr. Boone presented the staff report. Gerald W. Farha on behalf of B & L International L.L.C. is requesting a zone change for 40 acres of land located south of Cardinal Drive and west of the City Sewage treatment plant. Mr. Farha would like to rezone the property from PUD (Planned Unit Development) to LI (Light Industrial) District. B & L International, L.L.C. has plans for an industrial development at this location, and currently owns 180 acres of land in the area. All of the surrounding land is already zoned LI (Light Industrial) and is vacant. Slides of the subject property were shown. Eight (8) 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. Staff recommended approval of the request. The applicant was present. Gerald W. Farha, 990 22nd Street, addressed the Commission. He stated that he did not know why the area was ever zoned PUD and that it is under contract for development which will fit the LI zoning. The public hearing on this item was opened and closed without comment. Cornrnissioner Jabbar moved to approve the request to rezone a property from PUD (Planned Unit Development) to LI (Light Industrial), as requested in file PZ2022-140. Commissioner Noyola seconded the motion. The motion to approve the request carried 7:0. 6) PZ2022-159: Request for a Specific Use Permit to allow an automotive paint and body shop in the GC -MD (General Commercial — Multiple -Family Dwelling) District. Applicant: Brandon M. Edmonds Location: 4145 College Street Mr. Boone presented the staff report. Brandon M. Edmonds is requesting a Specific Use Permit to allow an automotive paint and body shop at 4145 College Street. Caliber Collision has facilities nationwide. Hours of operation would be Monday through Friday, 7:30 a.m. to 5:30 p.m. The facility is expected to staff 10 — 15 employees. Neighboring businesses are mostly similar in nature. The nursing facility to the south will be screened and buffered per City regulations. L Planning Commission May 16, 2022 Slides of the subject property, site plan and surrounding area were shown. Ten (10) 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. Constructions 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. 2. Install a five (5) foot wide sidewalk along College Street. The applicant was present. Brandon M. Edmonds, representing National Property Holdings, 3207 South Sam Houston Parkway E Suite 100, Houston, TX, addressed the Commission. He stated that the staff report was a good summary and that they have done ten (10) to twelve (12) similar projects across the country and look forward to bringing this business to Beaumont. Chairman Nejad asked the applicant if he understood the conditions and Mr. Edmonds confirmed his understanding. The public hearing on this item was opened. Sam Parigi, 445 101 Street, addressed the Commission. He stated that he bought this property years ago and had been waiting for the right project to come along. Mr. Parigi stated that the incoming business seemed like a reputable company and asked the Commission for their support. Councihnember Durio asked about any potential issues for the nursing facility behind the subject property and Mr. Boone stated that the landscape buffer and privacy fence should mitigate any potential issues. The public hearing was closed without further continent. Commissioner Jabbar moved to approve the request for a for a Specific Use Permit to allow an automotive paint and body shop in the GC -MD (General Commercial — Multiple -Family Dwelling) District, as requested in file PZ2022-159 with the following conditions: 1. Constructions 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. 2. Install a five (5) foot wide sidewalk along College Street. Commissioner Makin seconded the motion. The motion to approve the request carried 7:0. OTHER BUSINESS Councilmember Durio conferred with Mr. Boone about a correction needed on a staff report. 7 Planning Commission May 16, 2022 THERE BEING NO OTHER BUSINESS, THE MEETING ADJOURNED AT 3:40 P.M. *MINUTES* JOINT PUBLIC HEARINGS PLANNING COMMISSION CITY COUNCIL City Council Chambers June 27, 2022 A Joint Public Hearing of the Planning Commission and City Council was held on June 27, 2022 and called to order at 3:04 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 Commission Members absent: Councilmembers present: Commissioner Lynda Kay Makin Commissioner Tom Noyola Commissioner Taher Quraishi Commissioner Sandy Pate Alternate Commissioner Erika Harris Alternate Commissioner Eddie Senigaur Alternate Commissioner Rogers Sorrell Jr. Mayor Robin Mouton Mayor Pro Tem Audwin Samuel Councilmember A.J. Turner *arrived at 3:49 p.m. Councilmember Taylor Neild Councilmember Mike Getz Councilmember Chris Durio Also present: Adina Josey, Senior Planner Sharae Reed, City Attorney Miles Haynes, Management Assistant Catherine Allen, Recording Secretary APPROVAL OF MINUTES Due to a posting error, the approval of the minutes was postponed until the next meeting. REGULAR MEETING 1) PZ2022-125: Request for the abandonment of Crockett Street between Pearl and Main Planning Commission June 27, 2022 Streets. Applicant: Crockett Street Development, Ltd. Location: Crockett Street between Pearl and Main Streets. Mrs. Josey informed the Conunission that this item had been postponed. 2) PZ2022-186: Request for the abandoiunent of a portion of the south end of Winfield Drive. Applicant: Jonathan Hart for BNSF Location: The south end of Winfield Drive Mrs. Josey presented the staff report. Johnathan Hart has requested the abandonment of an approximate 0.073 acre portion of the south undeveloped end of Winfield Drive for a proposed new railroad spur for BNSF Railway Company. BNSF plans to construct a new tract connecting two (2) existing segments. Various utility related concerns from the City Engineering Department have already been addressed. Slides of the subject property, proposed project and survey were shown. Staff recommended approval of the request with the following conditions: 1. Obtain approval of PZ2022-216 for a new railroad spur. 2. 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. The applicant was present. Jonathan Hart, 9845 McFarring Drive, Fort Worth, TX, addressed the Commission. Mr. Hart introduced Jeff Estes, Manager of Engineering at BNSF. Mr. Estes explained the plans to connect and redirect the railroad at the subject property. Brief discussion followed about the timeline of the completion of the project which Mr. Estes estimated to be around four (4) months. Chairman Nejad requested that PZ2022-187 be presented before the vote on PZ2022-186. 3) PZ2022-187: Request for the abandonment of a portion of the north end of Amarillo Street, the neighboring alleyway in Block 32, Cartwright Terrace and an adjoining portion of Forsythe Street. Applicant: Jonathan Hart for BNSF Location: The north end of Amarillo Street, the alleyway in Block 32, Cartwright Terrace and an adjoining portion of Forsythe Street, Mrs. Josey presented the staff report. Johnathan Hart has requested the abandonment of an approximate 0. 13 03 acre portion of the north undeveloped end of Amarillo Street, the neighboring alleyway in Block 32, Cartwright Terrace and an adjoining portion of Forsythe Street for a proposed new railroad spur for BNSF Railway Company. BNSF plans to construct a Planning Commission June 27, 2022 new tract connecting two (2) existing segments. Various utility related concerns from the City Engineering Department have already been addressed. Slides of the subject property were shown. Staff recommended approval of the request with the following conditions: 1. Obtain approval of PZ2022-216 for a new railroad spur. 2. 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. The applicants, Jonathan Hart and Jeff Estes, addressed the Commission and stated that they understood the proposed conditions. Commissioner Makin moved to approve the request for the abandonment of a portion of the south end of Winfield Drive, as requested in PZ2022-186 with the following conditions: 1. Obtain approval of PZ2022-216 for a new railroad spur. 2. 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 Javed seconded the motion. The motion to approve carried 8:0. Commissioner Makin moved to approve the request for the abandonment of a portion of the north end of Amarillo Street, the neighboring alleyway in Block 32, Cartwright Terrace and an adjoining portion of Forsythe Street, as requested in PZ2022-187 with the following conditions: 1. Obtain approval of PZ2022-216 for a new railroad spur. 2. 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 Javed seconded the motion. The motion to approve carried 8:0. JOINT PUBLIC HEARINGS Mayor Mouton called the Joint Public Hearings of June 27, 2022 to order at 3:20 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. Chairman Nejad requested that PZ2022-216 be heard first. 4) PZ2022-216: A request for a Specific Use Permit to allow a new railroad spur in an RS (Residential — Single -Family Dwelling) District. 3 Planning Commission June 27, 2022 Applicant: BNSF Railway c/o Jonathan Hart Location: The northeast and west sides of the 600 block of Amarillo Street and the south side of the 2600 block of Fannin Street Mrs. Josey presented the staff report. Jonathan Hart, for BNSF Railway Company, is requesting a Specific Use Permit to allow a new railroad spur south of Fannin Street and east of 4"' Street. Some of that area, specifically the northeast and west sides of the 600 block of Amarillo Street and the south side of the 2600 block of Fannin Street, is currently zoned RS (Residential Single - Family Dwelling). This zoning district requires a Specific Use permit for a new railroad track. Existing tracks are located to the north and east adjacent to this location. Properties to the west and south of the new proposed railroad spur are single-family residential homes. In the interest of preserving the value of these properties, an eight (8) foot tall brick or masonry wall will be required along the edge of the new railroad tracks, adjacent to the residential homes. In addition, a ten (10) foot wide landscaped buffer containing one (1) class A or two (2) class B trees for every twenty-five (25) linear feet, will be required along the same perimeter. The brick or masonry fence should be next to the tracks with the landscaping on the outside, closer to the residences. Slides of the subject property, and surrounding area were shown. Thirty-four (34) notices were mailed to property owners within two hundred (200) feet of the subject property. Eleven (11) responses were received in favor and zero were received in. opposition. Staff recommended approval of the request with the following conditions: Construct an eight (8) foot tall brick or masonry wall along the east edge of the new railroad tracks adjacent to existing residential properties. 2. A ten (10) foot wide landscaped strip with trees along the west perimeter of the new railroad track outside of the required wall. 3. BNSF participate in the City's rail crossing enhancement program by permitting a mutually -agreeable pedestrian crossing at one of BNSF's rail lines. The applicants, Jonathan Hart and Jeff Estes, addressed the Commission. Mr. Estes stated that he was not sure if it would be possible to comply with the proposed conditions, particularly the landscape strip, due to lack of space.. Brief discussion followed about this issue and possibly postponing the request until the issue could be resolved. Chairman Nejad moved to table the request for a Specific Use Permit to allow a new railroad spur in an RS (Residential — Single -Family Dwelling) District, as requested in file PZ2022-216. Commissioner Makin seconded the motion. The motion to table the request carried 8:0. 4 Planning Commission June 27, 2022 5) PZ2022-202: A request for a Specific Use Permit to allow a cell tower in an LI (Light Industrial) District. Applicant: Anne Hathaway Location: 8475 Landis Drive Mrs. Josey presented the staff report. Anne Hathaway representing SBA Network Services, L.L.C., proposes to construct a one hundred seventy-nine (179) foot tall cellular tower at 8475 Landis Drive. The proposed tower will be a monopole designed to support four (4) antenna arrays allowing for colocations in the future. No City utilities will be required at the unmanned site. Access to the site will be via an easement from Landis Drive. The applicant states that a six (6) foot chain link fence with one (1) foot barbed wire extension will be constructed around the lease area. In addition, they propose a row of crepe myrtle trees along the Landis Road right-of-way. Historically, a privacy fence with a solid gate has been required. Although trees are typically required, there are power lines along the south right-of- way line of Landis Drive, so no trees will be required. Instead, a row of hedges will be required along the north and west edges of the lease site, the sides visible from residential properties to the northwest. Slides of the subject property, site plan and surrounding area were shown. Four (4) 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 conditions: 1. Utilize the existing approach and gravel path located just west of the site instead of anew proposed driveway. 2. Provide a copy of the recorded access easement and lease agreement. 3. Provide a six (6) foot tall wood or masonry fence to be constructed six (6) feet inside the north and west perimeter edges of the lease site with a solid gate. 4. Provide a landscaped buffer along the north and west edges of the tower site consisting of shrubs save and except for the gated area to meet Zoning Ordinance requirements. The applicant was present. Roger Garza, 4006 Trento Court, Katy, TX, addressed the Commission. He stated that they are in agreement with the staff report and that they will update the plan to 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 Specific Use Permit to allow a cell tower in an LI (Light Industrial) District, as requested in file PZ2022-202 with the following conditions: 5 Planning Commission June 27, 2022 1. Utilize the existing approach and gravel path located just west of the site instead of a new proposed driveway. 2. Provide a copy of the recorded access easement and lease agreement. 3. Provide a six (6) foot tall wood or masonry fence to be constructed six (6) feet inside the north and west perimeter edges of the lease site with a solid gate. 4. Provide a landscaped buffer along the north and west edges of the tower site consisting of shrubs save and except for the gated area to meet Zoning Ordinance requirements. Commissioner Noyola seconded the motion. The motion to approve the request carried 8:0. 6) PZ2022-204: A request to rezone a property from LI (Light Industrial) to GC -MD (General Commercial -- Multiple -Family Dwelling) District. Applicant: Joseph Endari Location: 1190/1192 Gulf Street Mrs. Josey presented the staff report. Joseph Endari would like to rezone the property located at 1190/1192 Gulf Street. Mr. Endari owns the entire north half of the block now and the rest of the property is zoned GC -MD (General Commercial - Multiple Family Dwelling) District. Plans are to develop the property as a unit which needs the property to be consistently zoned. Slides of the subject property, site plan and surrounding area were shown. Ten (10) notices were mailed to property owners within two hundred (200) feet of the subject property. Zero responses were received in favor and four (4) responses were received in opposition. Mrs. Josey read the letters in opposition. She added the letters in opposition represent 35% of the properties within the two hundred (200) feet of the subject property. Staff recommended approval of the request. The applicant was present. Joseph Endari, 1380 Gulf Street, addressed the Commission. He stated that there are other multifamily properties in the area that do not have any problems or issues. He stated that the letters in opposition were from parties who wished to purchase the property from him and that that may be the cause of their opposition. Finally, he stated that the nearby business closes at 5:00 p.m. and that he has not received any complaints from his existing tenants in the area about noise. Discussion followed about the specifics of the proposed apartments being very small, being designed for only one person and targeting low income tenants. Councilmember Neild asked if, due to the percentage of objection, this would require a super majority for approval and Ms. Reed clarified that it would need a super majority at City Council, but not for the Planning Commission. The public hearing on this item was opened. Anne Figueres, representing Modern Group Real Properties, 1655 Louisiana Avenue, addressed the Commission. She stated that she was speaking in opposition and showed a map of the 0 Planning Commission June 27, 2022 properties that Modern Group owns in the area. She stated that their business is a 24 hour operation and that 18 wheelers and heavy equipment are running at all hours. For this reason; she stated that their opposition is due to the noise that would affect potential nearby residents. The public hearing was closed without further comment. The applicant was given an opportunity to speak in rebuttal. He stated that his current properties in the area have tenants who have lived there for years and have not complained about any noise issues. Commissioner Makin moved to deny the request to rezone a property from LI (Light Industrial) to GC -MD (General Commercial — Multiple -Family Dwelling) District, as requested in file PZ2022-204. Commissioner Linton seconded the motion. The motion to deny the request carried 8:0. 7) PZ2022-205: A request for a Specific Use Permit to allow an event center in the CBD (Central Business District). Applicant: Camryn Meraz Location: 308 Orleans Street Mrs. Josey presented the staff report. Camryn Meraz has requested a Specific Use Permit to open an event center at 308 Orleans Street. Ms. Meraz states the property will be used for events such as baby or wedding showers and small intimate weddings. No food or drink will be provided by the property owner or management. The Central Business District zone does not require any on -site parking, vehicles would park on the street. In addition, the building is currently not sprinkled. Building occupancy, although undetermined at this time, will be a number well below 100. Occupancy will need to remain at or below the number set by the Fire Department or a fire sprinkler system must be added. Slides of the subject property, site plan and surrounding area were shown. Fourteen (14) 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: Building must be sprinkled if occupancy load is found in excess of the number set by the Fire Department. The applicant was present. Carly Boudreaux, 308 Orleans Street, addressed the Commission. She stated that they had already met with the fire marshal about the proposed condition and that they understand what needs to be done to comply. In response to Chairman Nejad, Ms. Boudreaux stated that the customers will supply their own food for their events. 7 Planning Commission June 27, 2022 Commissioner Quraishi asked about parking for the venue and Ms. Boudreaux replied that it will be street parking as it is downtown. The public hearing on this item was opened and closed without comment. Councilmember Turner stated that he appreciated the applicant being willing to invest in downtown Beaumont. Commissioner Noyola moved to approve the request for a Specific Use Permit to allow an event center in the CBD (Central Business District), as requested in file PZ2022-205 with the following condition: 1. Building must be sprinkled if occupancy load is found in excess of the number set by the Fire Department. Commissioner Jabbar seconded the motion. The motion to approve the request carried 8:0. 8) PZ2022-213: A request to rezone a property from RS (Residential — Single -Family Dwelling) to RM-H (Residential Multiple -Family Dwelling — Highest Density) or a more restrictive District. Applicant: Fred Vernon Location: 1020, 1060 & 1070 Saxe Street Mrs. Josey presented the staff report. Fred Vernon would like to rezone the property located at 1020, 1060 & 1070 Saxe Street. Mr. Vernon owns 1020 Saxe Street and would like to build an apartment complex on the lot. The property owners for 1060 & 1070 Saxe Street agreed to the rezoning so that Mr. Vernon's request would not create a spot zoning situation. There are several apartment complexes in the area similar to the project proposed by Mr. Vernon. Slides of the subject property, and surrounding area were shown. 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. Staff recommended approval of the request. The applicant was present. Fred Vernon, 2040 Williams Avenue, Pont Arthur, TX, addressed the Commission. He thanked the Commission for the opportunity to speak and explained that his project will be a twelve (12) unit apartment complex. The public hearing on this item was opened. Councilmember Neild spoke favorably about the applicant and the work that he has done. John Young, 4820 Wyatt Street, addressed the Commission. He stated that he lives across the street from the subject property and is opposed to the request. E:3 Planning Commission June 27, 2022 Vergie Colbert, 4860 Wyatt Street, addressed the Commission. She stated that there are too many apartments in the area already and is concerned about traffic and crime. Miriam George, 4840 Wyatt Street, addressed the Commission. She spoke in opposition due to there being too many apartments in the area. Councilmember Durio stated that there is a housing shortage in the area and a need for more apartments. Councilmember Turner also expressed the need for more affordable housing and hoped that the proposed apartment complex would be able to screen its applicants to prevent crime problems. Michael Smith, 970 Saxe Street, addressed the Commission. He stated that he is opposed to the request due to potential traffic and crime problems and added that there are other areas in Beaumont on which apartments could be built. Bertha Johnson, 4880 Wyatt Street, addressed the Commission. She spoke in opposition due to concerns about crime. Akram Khalil, PO Box 283, addressed the Commission. He spoke in favor of the project and added that students from the nearby Lamar University may be able to use the proposed housing. He added that adding to the tax base may help the City to hire more police to address the crime issues. John Young, 4820 Wyatt, addressed the Commission again. He stated that those who spoke in favor do not live the area of the subject property and this apartment complex is not needed there. The public hearing on this request was closed without further comment. The applicant was given an opportunity to speak in rebuttal. He thanked all of those who spoke both in favor and in opposition for their feedback. He stated that he wanted to make a clear distinction between the existing apartment complexes and the one he is proposing. He added that the crime issues are for the police and other city stakeholders to address and that his complex will not bring additional crime. Mr. Vernon added that he hopes to beautify the neighborhood with this project, that it will be gated and will rent to hard working people who will go through a screening process. Commissioner Quraishi moved to approve the request to rezone a property from RS (Residential — Single -Family Dwelling) to RM-H (Residential Multiple -Family Dwelling — Highest Density), as requested in file PZ2022-213. Commissioner Jabbar seconded the motion. The motion to approve the request carried 7:1 (Makin). 9) PZ2022-215: A request for a Specific Use Permit to allow a duplex in an RS (Residential — Single -Family Dwelling) District. Applicant: Akram Khalil Location: 8230 San Carlos Street �7 Planning Commission June 27, 2022 Mrs. Josey presented the staff report. Akram Khalil is requesting a Specific Use Permit to allow a duplex at 8230 San Carlos Street. The approximately 3,672 square foot building would be divided into two (2) residences. The property is surrounded by single family homes and vacant lots in an RS (Residential Single -Family Dwelling) District. As this duplex will be located in an RS (Residential Single -Family Dwelling) District, an eight (8) foot tall wood or masonry screening fence along with a ten (10) foot wide landscaped buffer will be required along the north, east and south property lines. The buffer will require one (1) class A or two (2) class B trees every twenty-five (25) linear feet along the property line. Slides of the subject property, site plan and surrounding area were shown. Twenty-seven (27) notices were mailed to property owners within two hundred (200) feet of the subject property. Zero responses were received in favor and three (3) were received in opposition. Mrs. Josey read the letters in opposition. Staff recommended approval of the request with the following condition: 1. Landscaping and screening to meet Zoning Ordinance requirements. The applicant was present. Akram Khalil, PO Box 283, addressed the Commission. He stated that he understands and will comply with the proposed condition. He added that the existing property had been vacant for many years and is beyond the point of repair. Mr. Khalil stated that he grew up the area and wants to beautify the area and increase the tax base. The public hearing on this item was opened. Robert West, 8255 San Carlos Street, addressed the Commission. He stated that he has lived in the area for forty-seven (47) years and is opposed to bringing multifamily rental property into the area because of the different atmosphere that multifamily rental property brings. He stated that he knows his neighbors and that they are all long term homeowners. Finally, he added that the proposed duplex will be the start of more rental and multifamily housing in the area. Kyle Daniel, 7155 Carroll Lane, addressed the Commission. He spoke in opposition of the request. Mr. Daniel stated that he owns the property at 6920 Guess and 8295 San Diego in the area. He stated that much of the area flooded during Hurricane Harvey and that multifamily rental property is not the way to build it back. He also expressed concerns about adequate parking for the duplex and preventing more street parking which is already a problem in the neighborhood. Finally, he stated that the duplex may be the start of multifamily rental property in the area. Fred Vernon, 2045 Williams Avenue, Port Arthur, TX, addressed the Commission. He spoke in favor of the request. He stated that the duplex will be preferable to the vacant property to add to the tax roll and prevent squatting. The public hearing on this request was closed without further comment. 10 Planning Commission June 27, 2022 The applicant was given an opportunity to speak in rebuttal. He stated that he would do his best to uplift the area and bring in the right people. He added that this was just a small house, not a large apartment complex and that it will have adequate parking. Commissioner Quraishi moved to approve the request for a Specific Use Perntit to allow a duplex in an RS (Residential — Single -Family Dwelling) District, as requested in file PZ2022-215 with the following condition: 1. Landscaping and screening to meet Zoning Ordinance requirements. Commissioner Beatty seconded the motion. The motion to approve the request carried 8:0. 10) PZ2022-218: A request for a Specific Use Permit to allow a bar in a GC -MD (General Commercial — Multiple -Family Dwelling) District. Applicant: Jisan Makanojiya Location: 2949 College Street, Suite 120 Mrs. Josey presented the staff report. Jisan Makinojiya is requesting a Specific Use Permit to allow a Daiquiri Bar at 2949 College Street, Suite 120. The bar will occupy a 1,300 square foot suite in the existing Mars Plaza and will include a full bar with a heavy focus on frozen daiquiris and frozen mixed drinks, all available for on -site consumption. Some food will also be available for purchase. Hours of operation will be Monday —Friday 10:00 a.m. until midnight, Saturday 10:00 a.m. until 1:00 a.m. and Sunday 10:00 a.m. until midnight. Slides of the subject property, site plan and surrounding area were shown. 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. Staff recommended approval of the request with the following condition: 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. The applicant was present. Jisan Makanojiya, 2949 College Street, Suite 120, addressed the Commission. He stated that this business will be a bar that specializes in slushy alcoholic beverages and that it will be his third similar business. In response to Commissioner Quraishi, Mr. Makanojiya stated that his other businesses are in Highland, Texas and in Beaumont on Phelan Boulevard, Commissioner Makin asked about the food that will be served and the applicant replied that the food consists of candy and other toppings for the drinks. Commissioner Makin asked if the establishment will have machines and if so what type and the applicant stated that they are applying for five (5) 8-liner gaming machines. II Planning Commission June 27, 2022 Discussion followed concerning the ordinances and state laws concerning gaming machines and other businesses with gaming machines in the area. Commissioner Makin asked about the staffing of the business and the applicant stated that there will be six (6) employees and two (2) will work per shift. The public, hearing on this item was opened. Councilmembers Durio, Neild, Turner and Mayor Mouton expressed concern about the gaming machines. Mrs. Josey and Ms. Reed clarified that five (5) gaming machines are allowed by ordinance and state law as long as they meet the zoning requirements and distance requirements from schools, hospitals and churches. The public hearing on this item was closed. Commissioner Quraishi moved to deny 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 PZ2022-218. Commissioner Makin seconded the motion. The motion to deny the request carried 7:1 (Beatty). The applicant pointed out that he was not given an opportunity to speak in rebuttal. Chairman Ncjad allowed Mr. Makanojiya the opportunity to speak. He stated that he is not applying for a game room and that if the specific use permit is denied that he will restructure his business as a drive-thru daiquiri shop and will still have the five (5) gaming machines, as they are allowed by ordinance and not a part of the specific use permit process. Further discussion followed concerning the ordinances and state laws about gaming machines and the implications of approving or denying this request. Ms. Reed clarified that the decision before the Commission is whether or not to grant the specific use permit for the bar not the gaming machines. A new motion and vote was requested. Commissioner Quraishi moved to deny 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 PZ2022-218. Commissioner Makin seconded the notion. The motion to deny the request carried 7:1 (Beatty). 11) PZ2022-226: A request for a Specific Use Permit to allow a construction business with an outdoor lay down yard in a GC -MD (General Commercial — Multiple -Family Dwelling) District. Applicant: Xavier Williams Location: 1320 Caldwell Avenue 12 Planning Commission June 27, 2022 Mrs. Josey presented the staff report. Xavier Williams is requesting permission for a construction business with a laydown yard at 1320 Caldwell Avenue. This property was zoned RM-H (Residential Multiple -Family Dwelling — Highest Density) and occupied by a house until it burned and was demolished in 2019. A commercial structure is located at the corner of the lot and the current owner wished to use the building for commercial purposes although it had sat vacant for several years so the property was rezoned from RM-H to GC -MD (General Commercial -- Multiple -Family Dwelling), Mr. Williams constructed a new storage building on the property without the benefit of a permit. He then began to operate a constriction business and park dump trucks on the property without a Certificate of Occupancy. Due to the property being used as a lay -down yard for Mr. Williams's construction business, a Specific Use Permit is required in a GC -MD zoning district. This use is not compatible with other uses around the subject property. Properties to the north east and south are residential and occupied by single-family homes. Although a neighborhood grocery store sat at this location for many years, it was compatible with the adjacent uses. A construction business with outside storage for equipment and dump truck parking would be detrimental to the residential neighborhood. In his letter, Mr. Williams states three (3) dump trucks will be kept at this location. No parking for the dump trucks or the vehicles for the drivers are shown on the site plan. If the application is approved and parking is planned on the property, a six (6) foot wide landscaping strip will be required between any off-street parking areas and the street. Those landscaped strips are required to have a three (3) foot tall wall, berm or hedge for the length of the parking area. In addition, the property to the west along the north end of the property is zoned RM-H, if approved a ten (ten) foot wide landscaped buffer with trees and an eight -foot wood or masonry screening fence is required along that portion of the property line that borders the RM-H zoned property. Slides of the subject property, site plan and surrounding area were shown. Twenty-six (26) 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 denial of the request. The applicant was present. Xavier Williams, 6050 Ricki Lane, addressed the Commission. He stated that he had a company put in a garage for him and that they told him they had a permit, but that he later discovered they did not. He then tried to pull the permit himself and that began the specific use permit process. Mr. Williams stated that he is trying to open a laydown yard and that he is not operating at the location, but just wants to store his vehicles and equipment there. He stated that the shop next door belongs to his father. In response to Chairman Ncjad, he stated that he had put about $25,000 into the project. 13 Planning Commission June 27, 2022 Brief discussion followed to clarify where residential property was in relation to the subject property. Councilmembers Neild and Durio spoke in support of Mr. Williams and his work. The public hearing on this item was opened and closed without further comment. Discussion followed concerning the parking of the vehicles. Commissioner Quraishi moved to approve the request for a Specific Use Permit to allow a construction business with an outdoor lay down yard in a GC -MD (General Commercial — Multiple -Family Dwelling) District, as requested in file PZ2022-226 with the following conditions: 1. Submit a revised site plan showing parking and required landscaping. 2. Provide landscaping to meet ordinance requirements along both street frontages. 3. Provide a ten (10) ft. wide landscaped buffer with trees along west property line that borders residential zoning and an eight (8) ft. tall wood or masonry fence to meet Zoning Ordinance requirements. Commissioner Jabbar seconded the motion. The motion to approve the request carried 7:0:1 (Beatty). OTHER BUSINESS None. THERE BEING NO OTHER BUSINESS, THE MEETING ADJOURNED AT 5:15 P.M. 14 DATE: August 15, 2022 TO: Planning Commission FROM: Chris Boone, Interim City Manager SUBJECT: To consider a request for Preliminary Plat approval of Mustang CAT Sales and Service Center, Beaumont, Jefferson. County, Texas. FILE: PZ2022-264 STAFF REPORT Chris Rhodes, R.P.L.S. of Civil-Sury Land Surveying L.L.C., has requested Preliminary Plat approval of Mustang CAT Sales and Service Center. This 20.130 Acre development will house a new equipment sales and maintenance facility for Mustang CAT. The property meets lot width, depth and area requirements for an industrial lot. Water and sewer will be provided by an extension of the city's facilities. The applicant has plans to extend S. 01 Street's pavement within the existing platted right-of-way, to access a rear driveway to their property. A cul-de-sac is required as part of this extension. There is no room within the existing right-of-way for a cul-de-sac that meets all City standards. Therefore, Mustang CAT, is platting the property to dedicate additional right-of-way for the cul-de-sac. The proposed roadway extension is not shown on the plat. The Subdivision Ordinance Section 26.02.002(a)(7) Preliminary Plat states, "...providing the following information: Proposed plan of subdivision, showing streets, blocks, lots, alleys, easements, building lines, parks and other such areas with principal dimensions. The plan shall show how the streets and easements in the subdivision will connect with those in the surrounding subdivisions. " The proposed roadway extension and cul-de-sac must be shown with principal dimensions. Please specify whether the dimension is face to face of curb or back to back of curb. In addition, curb inlets are not shown on the plat. Sections 263.02.006(a)(10) states, "The location of existing and proposed storm drainage easements and improvements. (A copy of all design computations shall be submitted along with the plans)" The Planning staff recommends approval with the following conditions: Show the proposed roadway extension and cul-de-sac with principal dimensions, specifying face to face of curb or back to back of curb. 2. Show proposed drainage improvements (i.e. curb inlets). This item was sent to all interested parties. Exhibits are attached. GENERAL INFORMATION/PUBLIC UTILITIES APPLICANT: Chris Rhodes, R.P,L.S. of Civil-Sury Land Surveying L.L.C. PROPERTY OWNER: Dyke Rasco LOCATION: 2905 W. Cardinal Drive EXISTING ZONING: PROPERTY SIZE: EXISTING LAND USES: FLOOD HAZARD ZONE: SURROUNDING LAND USES: NORTH: W, Cardinal Drive EAST: Commercial SOUTH: Vacant WEST: Commercial COMPREHENSIVE PLAN: STREETS: DRAINAGE: WATER & SANITARY SEWER SERVICE: LI (Light Industrial) 20.130 acres, more or less New commercial construction "X" - Areas determined to be outside 500-year floodplain SURROUNDING ZONING: GC -MD (General Commercial — Multiple -Family Dwelling) LI (Light Industrial) LI LI Light Industrial W. Cardinal Drive — Freeway west bound access road with a 25' pavement width. S. 41h Street --- Local street with a 74' wide right-of-way and 40' pavement width. Curb & gutter Extension of City water and Sanitary Sewer BEAUMONT Planning & Community Development Property Information SUBDIVISION APPLICATION AW" .stlon prints on 1xgal s V e page XIX PreliminaryPlat 11 Amended Plat* ❑ Final Plat* ❑ Replat* El Minor Plate ❑ Vacate Plat iutdMsion Name Address / Laconia, lustang Cat Sales and Service Center 2905 W. Cardinal Dr. Beaumont TX 77705 ast1sp - al«l[sL• 1 Unrestricted Reserve 1 r of Arres: / el lets: a of uelts: 20.130 na na Applicant information Urn.: C—P. W. Chris Rodes, RPLS Civil—Sury Land Surveying, LLC uali ft Add,ess: Mr. state. 21p; 10590 Westoffice Dr., Suite 100 Houston TX 77042 'bane: [man: 713--839-9181 chris@civil—surv.net Owner Information Name: [ampanr. Dyke Rasco Mustang Machinery Company, LLC Ma@inLAddreu: W. state: ZIp: 12800 Northwest Freeway Houston TX 77040 phone: rmai: 713-460-2000 drasco@mustangcat.com SZQ" M L, 06/22/2022 osvru Ana we Date 06/21/2022 Apo:—t5%nalwe Date Applicant check (✓) City Check(✓y Checklist of Items required on PLAT to be filed*: xx 1. Title or name of plat, meridian north point, scale of map and vicinity map. xx 2. Definite legal description and identification of the tract being subdivided. xx 3. All block, lot and street boundary lines referenced to Texas State Plane Coordinate System. xx 4. Building Lines and easements. xx S. Actual width of all streets, measured at right angles or radially, where curved, shown on map xx 6. All necessary dimensions accurately displayed xx 7. Names of all streets and adjoining subdivisions shown on map xx 8. Flood zones and boundaries, if applicable, shown on map. Elevations for full subdivisions. xx 9. Addresses clearly displayed 10. Certificate of ownership signed, stamped and notarized xx i1. Certificates of approval from City and County shown on map xx 12. All legal restrictions and regulations placed on the approval of plat shown clearly on map Checklist of items required on Preliminary Plat map: xx 1. Title or name of plat, meridian north point, vicinity map and name and signature of owner. 2. Written evidence of ownership. xx 3. Scale of map shown on map, map to be drawn on a scale of one hundred (100) feet to inch or larger. xx 4. Location of existing blocks, lots, alleys, easements, building lines, natural features and buildings. xx S. Existing and proposed streets with street names. N A 6. Plan of subdivision with blocks, lots, alleys, easements, building lines, parks, dimensions and addresses. N/A 7. Location of existing and proposed sewers, water, gas mains, as well as storm and drainage easements. N/A 8. Topography if the surface is markedly uneven. N/A 9. Boundaries and elevations of all areas located in the flood hazard and flood zones for all areas. N/A 10. Location of all existing pipeline easements with size, type of product and pressure. xx 11. Name of registered surveyor/engineer responsible for preparing the plat. N/A 12. List of all restrictive covenants, conditions, and limitations to govern property being subdivided. CR RQ Initial rnrtral 'Plats (original signed document) to be Tiled must be accornpanled by filing fees {City &County}, tax rertlfita[es, digital ides ([AD, .pdf and shapefile], and 2 copies of the plat. 06/21/2022 s linanure of responsible EnsneaejSarreyo, Date PlanningApp=- � ( " 1 2bI Z slgr,.W. Dale Revised 3/2p2p PLANNING & COMMUNITY DEVELOPMENT T 409.880.3100 F 409.880.3133 PO Box 3827 1 Beaumont, TX Civil-Sury Land Surveying,LLC TBPELS No. 10143800 10590 Westoffice Dr., Suite 100 (713) 839-9181 Houston, Texas 77042 To: City of Beaumont Planning Commission RE: Preliminary Plat, Mustang Cat Sales and Service Center All - Mustang Machinery, LLC, is submitting a preliminary plat of a 20.130 acre tract of land in a proposed Unrestricted Reserve located at 2905 Cardinal Drive, Beaumont, Texas. The purpose of the plat is two -fold, one to get the raw acreage platted and up to City code in anticipation of developing an equipment service and sales center, and two to dedicate a Cul-de-Sac off of Fourth Street to accommodate a proposed paving extension. We have submitted on the June 22 deadline in anticipation of being ion the July 1811 agenda. Please let me know if you have any questions. Thanks, Chris Rhodes, R.P.L.S. 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L04WSSeN MPAQY/l % rY.ax s.[xu, nvss m mraa svex� a u r."" �nsq — Ciyil-Sury Land Surveying, LLG -- ;, l"zso �4Jy Z=e-- _ .A w.a.. .rr.r[u,��..a.,... �.tw rr[r.•=...r. r.r....,rtiw.,"r.- r"�y�GS: �.e.r..a,..rrr....rr...r.....r...w_.. _..r.... .r j� � •i'.-�rrrr.,. =rr, ..rwv.rr Yr..i+r CFA1NKAlE OF RE[6i0.1'0 l G[xw poet. [efril qoa a }TFrd xnni[ FoaS Dv rcmbr mm L•u Tes fsx.�,wi w ti m�w uasa.we u mw � �c rrrr.-d a u amwsof �F xev;H e�Y.4a G4 145�afP4',gnU4 �� FLORIDA AVENUE w Aw .[U� ,m it io4�uz u�nr vrx mom® Stia{ i.f�Q a 4Hfff�'.ier.F PRELIMINARY PLAT MUSTANG CAT SALES AND SERVICE CENTER A SUBDIVISION OF 20.130 ACRES, BEING A PARTIAL REPLAT OF BLOCKS 41 AND 42 OF THE M,C. CARTWRIGHT SU001VISION AS RECORDED IN VOLUME 5, PAGE 194, OF THE J.C.M.R., IN THE J.W. BULLOCK LEAGUE, ABSTRACT NO. 7, 2005 WEST CARDINAL DRIVE, CITY OF BEAUMONT, JEFFERSON COUNTY. TEXAS 77705 1 BLOCK 1 RESERVE OWNER: MUSTANG MACHINERY COMPANY, LLC 12800 NORTHWEST FREEWAY _ HOUSTON, TX 77040 713-46G-2000 SCALE: 1"-60' - JUNC, 2022 sF.e fv� e...r°w.'cQ u'.. �.��rw.m se»rwra .crrrus Z2022-264: Request for Preliminary Plat approval of Mustang CAT Sales and Service .enter, Beaumont, Jefferson County, Texas. ,pplicant: Chris Rhodes, R.P.L.S. of Civil-Sury Land Surveying L.L.C. ,ocation: 2905 W. Cardinal Drive 0 100 200 300 400 1 1 1 1 1 1 Feet GCNDf r DATE: August 15, 2022 TO: Planning Commission FROM: Chris Boone, Interim City Manager SUBJECT: To consider a request for approval of a Replat of Lots 16, 17 and the south %2 of Lot 18 into Lots 16A and 17A, Block 1, Woodlawn Addition Beaumont, Jefferson County, Texas. FILE: PZ2022-266 STAFF REPORT Thomas S. Rowe of Mark W. Whitely & I Replat of Lots 16, 17 and the south 1/2 of Lot 1 Addition, Beaumont, Jefferson County, Texas. a half (2'/2) lots into two (2) larger tracts of land. .ssociates, Inc., has requested approval of a into Lots 16A and 17A, Block 1, Woodlawn The intention of the plat is to combine two and Mr. Reynoso intends to build a single family home on each lot. This Replat will allow the future homes to have more acreage and sizeable street frontages to Jerry Drive. The Planning Staff recommends approval with the following condition: 1. Water and sanitary sewer utilities shall go to the rear of the property along Woodlawn Avenue. Exhibits are attached. PUBLIC NOTIFICATION Notices mailed to property owners 10 Responses in Favor . Responses in Opposition GENERAL INFORMATION/PUBLIC UTILITIES APPLICANT: Thomas S. Rowe of Mark W. Whitely & Associates, Inc. PROPERTY OWNER: EXISTING ZONING: PROPERTY SIZE: EXISTING LAND USES: FLOOD HAZARD ZONE: SURROUNDING LAND USES: NORTH: Residential EAST: Residential SOUTH: Residential WEST: Residential COMPREHENSIVE PLAN: STREETS: DRAINAGE: WATER: SANITARY SEWER SERVICE: Ismael Reynoso 3805 & 3825 Jerry Drive RS (Residential Single -Family Dwelling) 0.4920 acres, more or less Vacant "X" - Areas determined to be outside 500-year floodplain SURROUNDING ZONING: RS (Residential Single -Family Dwelling) RS RS 1' N Conservation & Revitalization Jerry Dr— Local Street with 60' right-of-way and a 25' pavement width. Woodlawn St— Local Street with 60' right-of-way and a 20' pavement width. Curb and gutter City of Beaumont 2" water line City of Beaumont 6" sewer line PROPERTY OWNERS NOTIFIED WITHIN 200'. WITHIN SUBDIVISIO SINGING PROPERTIES GP MCKINLEY KAREN & RIDLEYJR WISE DONALD R STEVENS RENARD JOSHUA THIERRYTERESITA DURAN RAFAEL A & MYRIAM J AYALA FERNANDO & MARIA LOPEZ JOHN E JR & STELLA J MARTINEZ RACIEL & NANCYJAQUE~LINE SANDOVAL PEREZ DELFINO MARTINEZ BEAUMONT Planning & Commur ty Qavolopment Property Information SUBDIVISION APPLICATION I=1 Preliminary Plat I 1 Amended Plat I1 Final Plat iX Replat ll Minor Plat 11 Vacate Plat l.LdMssen N,m, ►ddrto r,easssn Lots 16A & 17A, Black 1 Woodlawn Addition 3805 & 3825 Jerry Drive 16A & 17A 1 0.4920 2 Icant Information N,m,: co -pa": Thomas S. Rowo Mark W. WhRotey &Associates, Inc. m.V,2Add,—: snrl swo: no: _§5�UqUalLaM Road, U phw ; [mill: 409.892.0421 tom.rowo@whSlainyollver.cam Owner Information 411-1 COmp,ny: Ismael Reynoso I anvMd— Pry: rsp: 4490 Horn Street Beaumont Tu: 77703 Phan,: Emir: 409-293-2185 Arptrunt SYnrNr. Applicant check (-/_41Check city (✓ 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 State Plane Coordinate System. ,/ 4. Building Lines and easements. S. Actual width of all streets, measured at right angles or radially, where curved, shown on map 6. All necessary dimensions accurately displayed 7. Names of all streets and adjoining subdivisions shown on map 8. Benchmark elevations on map �r.9. Flood zones, boundaries and elevations shown on map 10. Addresses clearly displayed ..� 11, Description and location of permanent survey reference monuments for full subdivision plats ✓ 12. Certificate of ownership signed, stamped and notarized 13. Certificates of approval from Cityand County shown on map 14. All legal restrictions and regulations placed on the approval of plat shown clearly on map Checklist of items required on Preliminary Plat map: 1. Title or name of plat, meridian north point, vicinity map and name and signature of owner. 2. Written evidence of ownership. 3. Scale of map shown on map, map to be drawn on a scale of one hundred (100) feet to inch or larger. 4. Location of existing blocks, lots, alleys, easements, building lines, natural features and buildings. 5. Existing and proposed streets with street names. 6. Plan of subdivision with blocks, lots, alleys, easements, building lines, parks and dimensions. 7. Location of existing and proposed sewers, water, gas mains, as well as storm and drainage easements. 8. Topography if the surface is markedly uneven. 9. Boundaries and elevations of all areas located in the flood hazard. 10. Location of all existing pipeline easements with size, type of product and pressure. 11. Name of registered surveyor/engineer responsible for preparing the plat. 12. List of all restrictive covenants, conditions, and limitations to govern property being subdivided. lniaal lnlWl G 2Z sqn,. raoa.s�le [.wnee,/raurele. q41, Appllratio Aocclltanrs1 41 z slp.rtvn e,s PLANNING & COMMUNITY DEVELOPiAENT T 409.880.3100 F 409.800.3133 PO Box U27 I Beaumont. TX y u Z m Mwg ° Z n y "' °z o ro O d Y 07, O A O F' ❑ U 9= F. � o O ❑ oqz -1 rcrn° 0° ❑ 0 F W Q Z adZ Q x p - Q z L(a HIM nC, g . ti a J d> a g= w by,!ij r ❑ mu, lO viN r ❑ in w y 'i JS 0 O ¢m d w z s pg yg ¢ Rb k g5 Xd aY l Xd at AAWA MARK WHITELEY& ASSOCIATES CIVIL ENGINEERING I LAND SURVEYING I PIPELINE SERVICES 3250 EASTEX FWY, BEAUMONT, TEXAS 77703 June 23, 2022 City of Beaumont Planning and Zoning Department P.O. Box 3827 Beaumont, Texas 77704 ATTN.: Adina Josey REF.: Replat of Lots 16, 17 & S. 1/2 of Lot 18, Block 1 Woodlawn Addition Into Lots 16A & 17A, Block 1 Woodlawn Addition A. Williams Survey, Abstract No. 385 Beaumont, Jefferson County, Texas Dear Adina: Please find attached 2 original mylars, 5 copies, the paid tax certificate and one check for Jefferson County filing fees for the above referenced minor plat. Your earliest attention to this matter would be greatly appreciated. As always if you have any questions or need additional information please call. I remain Sincerely, Thomas S. we, PE, RPLS President Texas Surveying Firm No.: 10106700 Texas Engineering Firm No.: 2633 409-892-0421 https:gmwwassoc.co m Z2022-266: Request for approval of the Replat of Lots 16,17 and the south V2 of Lot 18 into Lots 16A and 17A, Block 1, Woodlawn Addition, Beaumont, Jefferson County, Texas. pplicant: Thomas S. Rowe of Mark W.'Whitely & Associates, Inc. Location: 3805 & 3825 Jerry Drive 0 100 200 1 1 1 I Feet Legend 1-72022-2M R-S/ O? CUB % R-S` R-S R -S. 2 'R!S' ! k :' \ M-M ---- ; f � r 4 r ` 43-1 fO 0 CO R-S - S:` R-S DATE: August 15, 2022 TO: Planning Commission FROM: Chris Boone, Interim City Manager SUBJECT: To consider a request for approval of a Replat of Section V Lots 1-8, Section VI Lots 3-10 and part of Water Edge into Section V, Lots IA- 8A. Section VI, Lots 3A- 10A, and part of Water Edge, Crescent on Walden, Phase I, Beaumont, Jefferson County, Texas. FILE: PZ2022-279 STAFF REPORT Scott Brackin of Access Surveyors, L.L.C., has requested approval of a Replat of Section V Lots 1-8, Section VI Lots 3-10 and part of Water Edge into Section V, Lots 1A- 8A. Section VI, Lots 3A- 10A, and part of Water Edge, Crescent on Walden, Phase I, Beaumont, Jefferson County, Texas. This Phase of Crescent on Walden was originally filed for Record in 2005. Unfortunately, it was later discovered that Water Edge, a private street, was not constructed within the boundaries of the platted right-of-way. Section 26.02.003(c)(5) states, "Building lines and easements shall be shown and shall be defined by diinensions. " Due to an existing water line that runs along the eastern edge of Section V, Lot 8A and Section VI, Lot 10A, a fifteen (15) foot exclusive utility easement will need to be dedicated to the City. This replat moves the private street right-of-way to encompass Water Edge where it was constructed. The Planning Staff recommends approval with the following condition: Add a fifteen (15) foot exclusive water utility easement to be dedicated to the city along the eastern edge of Section V: Lot 8A & Section VI: Lot 10A. Exhibits are attached. PUBLIC NOTIFICATION Notices mailed to property owners 54 Responses in Favor . Responses in Opposition GENERAL INFORMATION/PUBLIC UTILITIES APPLICANT: Scott Brackin of Access Surveyors, L.L.C. PROPERTY OWNER: Tom Harrison -- Manager Crescent -Walden L.L.C., Authorized Agent Crescent on Walden Phase I, Sections V & VI owners and Authorized Agent Segue Properties L.T.D. LOCATION: EXISTING ZONING: PROPERTY SIZE: EXISTING LAND USES: FLOOD HAZARD ZONE: SURROUNDING LAND USES: NORTH: Residential EAST: Residential SOUTH: Residential WEST: Residential COMPREHENSIVE PLAN: STREETS: DRAINAGE: WATER: SANITARY SEWER SERVICE: 7705-7740 Water Edge PUD (Planned Unit Development) 5.67 acres, more or less Residential "X" - Areas determined to be outside 500-year floodplain SURROUNDING ZONING: PUD (Planned Unit Development) PUD E PUD Neighborhood Growth Unit Water Edge— Private Street with 50' right-of-way and a 26' pavement width. Curb and gutter City of Beaumont 6" water line City of Beaumont 6" sewer line PROPERTY OWNERS NOTIFIED WITHIN 200', WITHIN THE SUBDIVISION AYERS WILLIAM W & SANDRA S BASSA RABAH BROCATO SAMUEL JAY & VALERIE ANN CALLAHAN WILLIAM A II & SHERI H COX SABRINA R CRESCENT ON WALDEN PROPERTY CRESCENT-WALDEN LLC DADABHOY HUSAIN DURBY PASCAL A & NIKKI A ESEH-LOGUE ROSEMARY & MICHAEL FOSTER JAY & CHERYL GILBERT JACK & PATRICIA HARNSBERRY KEVIN ASHAWN HEMMENWAY BLAKE & SAMANT1 A HINZ MASS & MANDA HOLLAND TARA HUSSAIN NOUSHAD & SAMINA ISAACS WALTER D & KIMBERLY A ISZ INVESTMENTS LLC JORDAN ADRIAN LUMPKIN KYLE MAY JOHN & BRIDGET MCDONALD MICHAEL E & ANN M MITCHELL ROY A & ETHEL A MOORE BRIDGET C NOBLES WENDY L & RONNIE E NORTHEN JAMES & JUDY OAKRIDGE HOMES INC ODEH FADWA ONEIL STEPHEN BLAIR PRINCE JESSICA & JAY RACHAKONDA VARUN M RODRIGUEZ RENE & NINA TONG SAIiEHARBOR PARTNERS LLC SHEEHY JAMES P SWEET LELDON MD & JEANIE SWEET ROBERT LELDON & JEANNIE TROUNG SUNSHINE UDI PROPERTY VAID AHMED WRIGHT ROBERT DENNIS & SANDRA JEAN ►�S� Commercial • Residential • Industrial surveyors, LL..0 Firm No. 10136400 July 11, 2022 City of Beaumont Planning & Community Development Department 801 Main, Suite 201 Beaumont, Texas 77701 Attn: Chris Boone — Director Replat of Section V - Lots 1-8, Section VI — Lots 3-10 & Pt. of Water Edge (Pvt. Rd and UE). Mr. Boone: The purpose of this Replat is to reconfigure the lots, private road, and utility easement lines to conform to the constructed location of the street and underground utilities. All current owners have signed the "Authorization and Approval of the Replat" which has been recorded with the County Clerk, a copy of which is included with this letter. This Replat does not create any encroachments of existing improvements. If you have any questions or comments, please call the number below. Thank You, Scott Brackin (409) 239-3164 Brackin.scott@gmail.com Attachments: Plat Application (16) Tax Certificates (5) 24" x 36" Plat Page I of I 11025 Old Voth Road, Beaumont, Texas 77713 Office: (409) 838-6322 Fax: (409) 838-6122 Email: rpis5163@aol.com Web: www.access-surveyors.com BlEAUMONT Planning & Community Development roperty Information SUBDIVISION APPLICATION ApptaUon prints on fe;U Wit pave ❑ Preliminary Plat 0 Amended Plat* ❑ Final Plat* N Replat* ❑ Minor Plat` ❑ Vacate Plat svtdfrtslon Name AdKn, / Loatio. Replat of sec V(L1-8), Sep M(L3-10), & Part of Water Edge (Pvt Rd & 11E), 7705-7740 Wader Edge, Beaumont, Texas 7y707 Crescent On Walden Phase I c_ Williams L .. AS9 Bttt Jefferson Coon 9 wUtl: $k — 1A-8A, 3A-10A Sec. V: Sienna, Sec. VI: River Run of Aaw: P o/ wd: M of Unht 5.67 16 16 plicant Information Name: [amPanY Scott Brackin Access Surveyors Ma�vmd... ;i Qty. sate: 09; 11025 Old Voth Road Beaumont TX 77713 Phone: r,.ara 409.239-3164 brackin.scoU@gmail.com Owner Information zr.m.: company; Multiple Maa(AEd,ess.: Mr. stale•. Zip; 7705-7740 Water Edge Beaumont TX 77713 Pf— nui• ow eess,g-t—(see attached Authorization & Approval of the Aeplal by owners) Dace 07/0812022 AppEkant$j.. M Date Applicant check (/) City Check (a/) Checklist of items required on PLAT to be filed*: 1. Title or name of plat, meridian north point, scale of map and vicinity map. 2. Definite legal description and identification of the tract being subdivided. 3. All block, lot and street boundary lines referenced to Texas State Plane Coordinate System. 4. Building Lines and easements. S. Actual width of all streets, measured at right angles or radially, where curved, shown on map 6. All necessary dimensions accurately displayed 7. Names of all streets and adjoining subdivisions shown on map 8. Flood zones and boundaries, if applicable, shown on map. Elevations for full subdivisions. 9. Addresses clearly displayed 10. Certificate of ownership signed, stamped and notarized 11. Certificates of a pproval from Cityand Countyshown 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, vicinity map and name and signature of owner. 2. Written evidence of ownership. 3.5cale of map shown on map, map to be drawn on a scale of one hundred (100) feet to Inch or larger, 4. Location of existing blocks, lots, alleys, easements, building lines, natural features and buildings. 5. Existing and proposed streets with street names. 6. Plan ofsubdivision with blocks, lots, alleys, easements, building lines, parks, dimensions and addresses. 7. Location of existing and proposed sewers, water, gas mains, as well as storm and drainage easements. 8. Topography if the surface is markedly uneven. 9. Boundaries and elevations of all areas located in the flood hazard 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. Listofali restrictive covenants, conditions, and limitations to govern property being subdivided. �a jc> trJtiaf TAW 'Plats [original signed documentl to be filed most be accompanied by filing fees (City&Ctatmly), tax certIficatps,dlbirAlfiles (CAD, .pelf andshapefrie), and 2 coples of the plat. 07/0812022 5ts.nature NresponslNeEnafneer/strnsyer eats Planning Applicat'on Acc tance• PLANNING & COMMUNITY DEVELOPMENT Revised 3/2020 � oau 7-IFT 409.880.313 -% j,( z- 409.880.3133 PO Box 38271 Beaumont, TX �]+2;4ap .p 1211 l 1i5�4 ip}•gt)[iti[FQ pp[Jgiq a ii[gigikT if,'! afg Ylf 81111111 ttg 1,111¢s� $ ;�, > @da d¢4 pt resY I }i ki1E3¢ i i }¢ i {¢1$#¢666 ta$ ¢� Y $_` -,r C3 g d Paa 7 [ h E! ! `@r �t d` r; ( ,ar �'t it s4tt4a s P .a "I ffi 4W a air E 15�r �g 1" e € 1y91 tills t_£ S€ €i Y. ][ ;°� E � S s t a� ;- a� � � 'fig _ �� ! �• � s �g (a ¢�sY �j)!'�4} F44i�ieg r! 441 i ! 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Section VI, Lots 3A- 10A, and part f Water Edge, Crescent on Walden, Phase 1, Beaumont, Jefferson County, Texas. kpplicant: Scott Brackin of Access Surveyors ,ocation: 7705-7740 Water Edge 0 100 zoo 300 400 500 11 1 1 1 1 I Feet DATE: August 15, 2022 TO: Planning Commission and City Council FROM: Chris Boone, Interim City Manager SUBJECT: Consider a request for a Specific Use Permit to allow a new railroad spur in an RS (Residential — Single -Family Dwelling) District. FILE: PZ2022-216 STAFF REPORT BNSF Railway Company, is requesting a Specific Use Permit to allow a new railroad spur south of Fannin Street and east of 4"' Street. Some of that area, specifically the northeast and west sides of the 600 block of Amarillo Street and the south side of the 2600 block of Fannin Street, are currently zoned RS (Residential Single -Family Dwelling). This zoning district requires a Specific Use permit for a new railroad track. Existing tracks are located to the north and east adjacent to this location. Properties to the west and south of the new proposed railroad spur are single-family residential homes. In the interest of preserving the value of these properties, an eight (8) foot tall brick or masonry wall or berm will be required along the edge of the new railroad tracks, adjacent to the residential homes. In addition, a ten (10) foot wide landscaped buffer containing one (1) class A or two (2) class B trees for every twenty-five (25) linear feet, will be required along the same perimeter. Where existing trees can be preserved along this perimeter, no new landscaping will be needed. The brick or masonry fence or berm should be next to the tracks with the landscaping on the outside, closer to the residences. This item was tabled on June 27 over concerns there would be no room for the requested wall/berm, but revisions have been made to the design to allow for this condition. Staff recommends approval with the following conditions: 1. Construct an eight (8) foot tall brick or masonry wall or berm along the east edge of the new railroad tracks adjacent to existing residential properties. 2. A ten (10) foot wide landscaped strip with trees along the west perimeter of the new railroad track outside of the required wall or berm where existing trees cannot be preserved. BNSF participate in the City's rail crossing enhancement program by permitting a pedestrian crossing at BNSF's rail line at Riverfront Park. 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 34 Responses in Favor Responses in Opposition LEGAL DESCRIPTION FOR ORDINANCE PURPOSES Being Lots 9--12, Block 31 and Lots 1-4, Block 32, Cartwright Terrace Addition, Beaumont, Jefferson County, Texas, containing 1.58 acres, more or less. ANALYSIS CONDITIONS FOR APPROVAL OF SPECIFIC USE PERMIT (SECTION 28-26.E, ZONING ORDINANCE) Application Application is in is not in Comments compliance compliance Attached Conditions: 1. That the specific use will be compatible with and not injurious to the use and enjoyment of other property, or significantly diminish or impair property values within the immediate vicinity; X 2. That the establishment of the specific use will not impede the normal and orderly development and improvement of surrounding vacant property; X 3. That adequate utilities, access roads, drainage and other necessary supporting facilities have been or will be provided; X 4. The design, location and arrangement of all driveways and parking spaces provides for the safe and convenient movement of vehicular and pedestrian traffic without adversely affecting the general public or adjacent developments; X 5. That adequate nuisance prevention measures have been or will be taken to prevent or control offensive odor, fumes, dust, noise and vibration; x 6. That directional lighting will be provided so as not to disturb or adversely affect neighboring properties; X 7. That there are sufficient landscaping and screening to insure harmony and compatibility with adjacent property; and, 8. That the proposed use is in accordance with the Comprehensive Plan. X 04 GENERAL INFORMATION/PUBLIC UTILITIES APPLICANT: Jonathan Hart for BNSF Railway Company PROPERTY OWNER: BNSF Railway Company LOCATION: The northeast and west sides of the 600 block of Amarillo Street and the south side of the 2600 block of Fannin Street. EXISTING ZONING: PROPERTY SIZE: EXISTING LAND USES: FLOOD HAZARD ZONE: SURROUNDING LAND USES: NORTH: Vacant EAST: Vacant SOUTH: Residential WEST: Residential COMPREHENSIVE PLAN: STREETS: DRAINAGE: WATER: SANITARY SEWER SERVICE: RS (Residential Single -Family Dwelling) —1.58 acres Vacant X — Area determined to be outside the 500- year flood plain SURROUNDING ZONING: HI (Heavy Industrial) i ii RS (Residential Single -Family Dwelling) RS Conservation Revitalization Fannin Street — Local Street with a 60' wide right-of-way and a 30' pavement width. Amarillo Street - A 60' wide right-of-way. Forsythe Street -Local street with a 60' wide right-of-way and a 16' pavement width Open ditch 2" water line 8" Sanitary sewer line PROPERTY OWNERS NOTIFIED WITHIN 200 FEET ALFARO MARTIN & MARIA A ANDERSON W G ARDOIN CHRISTOPHER BURRUS REAL ESTATE CO INC CASTILLO JESSICA DAVIS ALLEN RAY & PATRICIA ANN FIELDS JOHN E GOODE EARNESTINE LOMAX ESTATE CHRISTY SHANEE LOMAX AND GREEN ERNEST GUILLEN CESAREA JACKSON FRANCES MARTINEZ JOSE LUIS GARCIA MERAZ CESAR JR MIRELES FLORENCIO G PIER CARMON REYES BRUCE WILLYTER RICHARDS JEAN MARIE SCOTT CLARE F TRAVIS ROBERT LARRY UNION PACIFIC RAILROAD CO WATSON LENARD RAY WISE LOGAN & AMBER BEAUMONT Planning $ Community Development Case Type:Planning and Zoning Case Status: PAY FEES Case Sub Type: Specific Use Permit Tag Name: bequest for Specific Use Permit Case #: PZ2022-216 Initiated On: 5125/2022 4:06:46PM Location. 2661 FANNIN ST, BEAUMONT, TX Individuals listed on the record: Applicant BNSF Railway c/o Jonathan Hart Home Phone: 335 E. Palm Lane Work Phone: Phoenix, AZ 85004 Cell Phone: 7137759015 E-Mail: Jonathan@rowadvisors.com Property Owner BNSF Railway Company Home Phone: 2650 Lou Menk Drive Work Phone: Fort Worth, TX 76131 Cell Phone: E-Mail: Agent Jonathan Hart Home Phone: 335 E. Palm Lane Work Phone: Phoenix, AZ 85004 Cell Phone: 7137759015 E-Mail: Jonathan@rowadvisors.com Case Type: Planning and Zoning Page 1 of 2 Case #: PZ2022-216 Printed On: 5/25/2022 BEAUMONT Planning & Community Development Legal Description - Lots 9, 10, 11 and 12 in Block 31 of the Cartwright Terrace Addition — currently zoned as Residential Single Family. Lots 1, 2, 3, and 4 in Block 32 of the Cartwright Terrace Addition currently zoned as Residential Single Family. Number of Acres 2.00 Proposed Use Industrial - rail That the specific use will be The subject property and surrounding properties are located between compatible with and not injurious to two existing railroad segments and adjacent to industrial property. the use and enjoyment of other The construction and operation of a connector track will not be property, nor significantly diminish or injurious to the use and enjoyment of other property, or significantly impair property values within the diminish or impair property values within the immediate vicinity. 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 he taken to prevent or control offensive odor, fumes, dust, noise and vibration That directional lighting will be provided so as not to disturb or adversely affect neighboring properties That there are sufficient landscaping and screening to insure harmony and compatibility with adjacent property That the proposed use is in accordance with the Comprehensive Plan Notes: The surrounding vacant property is located between two existing railroad segments and adjacent to industrial property. The construction and operation of a connector track will not impede the normal and orderly development and improvement of surrounding vacant property. Adequate utilities, access roads, drainage and other necessary supporting facilities have been or will be provided in coordination with the City of Beaumont. The plans provide for the safe and convenient movement of vehicular and pedestrian traffic. The project will be constructed in accordance with existing established standards for Class I railroads. BNSF does not intend to install lighting on the subject property. The subject property will be incorporated into BNSF's Maintenance of Way inventory. The proposed use does not adversely impact the Comprehensive Plan. Case Type: Planning and Zoning Page 2 of 2 Case #: PZ2022-216 Printed Can: 5/25/2022 El May 25, 2022 Planning and Zoning Commission City of Beaumont 801 Main Street, Suite 210 Beaumont, TX 77701 RE: BNSF Railway Company — Specific Use Permit Request Dear Commission, On behalf of BNSF Railway Company, please accept this letter requesting a Specific Use Permit to allow for the construction and operation of a connector track on the subject property. The subject property consists of the following: Lots 9, 10, 11 and 12 in Block 31 of the Cartwright Terrace Addition — currently zoned as Residential Single Family. Lots 1, 2, 3, and 4 in Block 32 of the Cartwright Terrace Addition -- currently zoned as Residential Single Family. BNSF recently acquired the property for the purpose of constructing and operating a connector track linking two existing segments. The purpose of the track improvements is to serve the area market while improving efficiency on their network by reducing the number of stops, increasing fuel efficiency, reducing emissions, and enabling track maintenance to be completed without holding trains. The operations will be on an intermittent continuous basis, with no employees being located permanently on the property. BNSF has internal policelsecurity available to respond to security concerns. BNSF respectfully requests consideration of this request in connection with PZ Application 2022- 186 and 2022-187, both of which are related to the same project crossing the subject property. Thank you in advance for your time and consideration. Respectfully Submitted, Jonathan Hart Attorney at Law R.O.W. Advisors, LLC Tel: (713) 775-9015 Email: jonathan @rowadvisors.com 0 a C i �Z g?ei Ie1! 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Immul urp•xo-ee+s+swws »,ms - �o'scoayst�as�s^In%d+:w,a-Lowey-E: evn nr t>.ry uet/otn F `mom ip. s � ISM no-= I - I Af4 rPf_;- r.� Z2022-216: A request for a Specific Use Permit to allow a new railroad spur in an RS lesidential — Single -Family Dwelling) District. ,pplicant: BNSF Railway c/o Jonathan Hart ,ocation: The northeast and west sides of the 600 block of Amarillo Street and the south side 2600 block of Fannin Street 100 200 1 1 Feet DATE: August 15, 2022 TO: Planning Commission and City Council FROM: Chris Boone, Interim City Manager SUBJECT: To consider a request for a Specific Use Permit to allow a dwelling unit along with a new law office in the CBD (Central Business District). FILE: PZ2022-247 STAFF REPORT Jonathan Vernon proposes new construction with mixed uses for the property located at 681 Park Street to include a two (2) bedroom dwelling unit combined with a law office. Although a law office is permitted out -right within the CBD district, a dwelling unit requires an approved Specific Use Permit. The district does not require off-street parking or building setbacks. The living quarters will be located behind the law office on the northwest side of the building. It will be used twenty-four (24) hours, seven (7) days a week and the activities involved are those of daily living such as bathing, sleeping, eating, cooking, laundry, socializing and relaxing. Residential uses within the downtown planning area may bolster economic activity hereafter due to an increase of pedestrian traffic. Staff recommends approval with the following condition: 1. Construction plans must meet all requirements by Water Utilities for water and sanitary sewer services, including any requirements of the City's backflow, pre-treatment and/or F.O.G. program as well as all applicable Building and Fire Codes. 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 21 Responses in Favor Responses in Opposition LEGAL DESCRIPTION FOR ORDINANCE PURPOSES Being Lot 321, Block 50, Tracts 1 &2, Beaumont. Addition, Beaumont, Jefferson County, Texas, containing 0.13 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 d. 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 witli the Comprehensive Plan. X GENERAL INFORMATIONIPUBLIC UTILITIES APPLICANT: PROPERTY OWNER: LOCATION: EXISTING ZONING: PROPERTY SIZE: EXISTING LAND USES: FLOOD HAZARD ZONE: SURROUNDING LAND USES: NORTH: Commercial EAST: Commercial SOUTH: Commercial WEST: Commercial COMPREHENSIVE PLAN: DRAINAGE: WATER: SANITARY SEWER SERVICE: Jonathan Vernon McBride & O'Brien 681 Park Street, Series LLC 681 Park Street CBD (Central Business District) —0.13 acres Vacant X — Area determined to be outside the 500 year flood plain. SURROUNDING ZONING: CBD (Central Business District) CBD CBD CBD Central Business District Park Street— Major Arterial with 60' wide right-of-way and 40' pavement width. Forsythe Street — Local Street with 60' wide right-of-way and 44' pavement width. Curb and Gutter 12" Water line 8" Sanitary sewer line PROPERTY OWNERS NOTIFIED WITHIN 200' A & B REAL ESTATE LLC CENTURY TOWER PARKING LLC CITY OF BEAUMONT CROCKETT CARPARK INC DEVELOPERS BEAUMONT GOODHUE PROPERTIES LLC GP REALTY & MANAGEMENT INC HORNSBY CHARLTON P PC INDIGENT HEALTH CLINIC OF MCBRIDE & O'BRIEN HOLDINGS LLC N ECH ES PLAZA LP ORLEANS SAN JACINTO BUILDING PENLAND DON BEAUMONT Planning & Community Development Case Type:Planning and Zoning Case Sub Type: Specific Use Permit Case #: PZ2022-247 Location: 681 PARK ST, BEAUMONT, 77701 Individuals listed on the record: Applicant Jonathan Vernon 215 Orleans Street, Suite 400A Beaumont, TX 77701 Property Owner McBride & O'Brien 681 Park Street, Series LLC 215 Orleans Street, Suite 400A Beaumont, TX 77701 Case Type: Planning and zoning Case #: P72022-247 Case Status: REVIEW Tag Name: Law office with residential apartment in CBD Initiated On: 6/13/2022 11:46:21AM Home Phone: 4092094813 Work Phone: Cell Phone: 4094661412 E-Mail: jonathan@jvernonlaw.com Home Phone: 4092094813 Work Phone: Cell Phone: 4094661412 E-Mail: jonathan@jvernonlaw.com Page 1 of 3 Printed On: 6/22/2022 BEAUMONT Planning & Community Development Legal Description Lot 321, Block 50, Tracts 1& 2, Beaumont Addition Number of Acres 0.13 Proposed Use Single-family residence and law firm That the specific use will be The specific use will be compatible with and not injurious to the use compatible with and not injurious to and enjoyment of other property, nor significantly diminish or impair the use and enjoyment of other property values within the immediate vicinity. The specific use should property, nor significantly diminish or enhance the use and enjoyment of other property, and such uses impair property values within the would significantly increase property values within the immediate immediate vicinity vicinity by providing patrons to the nearby businesses and churches. There is a gym, church, a few restaurants, and a brewery within line of sight of the property. There are barbers and salons, churches, and restaurants within walking distance. The other properties providing housing in the vicinity seldom have vacancies and such vacancies are usually filled without the landlord having to advertise. This suggests a significant shortage of housing in the Central Business District (CBD). That the establishment of the specific For the reasons stated above, the establishment of the specific use use will not impede the normal and will not impede the normal and orderly development and improvement orderly development and improvement of surrounding vacant property but should instead increase the of surrounding vacant property; normal and orderly development and improvement of surrounding vacant property. That adequate utilities, access roads, The CBD has adequate utilities, access roads, and drainage. The drainage and other necessary proposed specific use does not require any supporting facilities. supporting facilities have been or will be provided The design, location and arrangement Driveways and off-street parking are not required in the CBD. None of all driveways and parking spaces are planned for this project. The current parking and sidewalks more provides for the safe and convenient than provide or the safe and convenient movement of vehicular and movement of vehicular and pedestrian pedestrian traffic, traffic That adequate nuisance prevention The proposed specific use should not result in offensive odor, fumes, measures have been or will be taken dust, noise and/or vibration. Any noise created by the proposed to prevent or control offensive odor, specific use will be mitigated by insulation already required by fumes, dust, noise and vibration Code's energy requirements. That directional lighting will be Any directional lighting necessary to prevent the disturbance or any provided so as not to disturb or adverse effect of neighboring properties will be used. Due to the adversely affect neighboring lighting of the CBD, it would be difficult, expensive, and inconvenient properties to produce lighting that would disturb or adversely affect neighboring properties. That there are sufficient landscaping Landscaping and screening are not required due to the uses of the and screening to insure harmony and adjacent property and CBD regulations. compatibility with adjacent property Case Type: Planning and Zoning Page 2 of 3 Case #: PZ2022-247 Printed On: 6122/2022 BEAUMONT Planning & Community Development That the proposed use is in The proposed use advances the Comprehensive Plan. The Plan calls accordance with the Comprehensive for the encouragement of housing in the CBD, diversity in housing Plan options, and many other goals, objectives, and policies that the proposed use will either directly or indirectly advance - Notes: Case Type: Planning and Zoning Page 3 of 3 Case #: PZ2022-247 Printed On: 6/2212022 i4YN. • � r . i i LAW OFFICE OF JONATHAN VERNON 215 Orleans Street, Suite 40oA Beaumont, TX 777o1 Tel: 409.209.4813 Fax: 409.727.4867 jonathan@jvernonlaw.com Tune 13, 2022 The project is a mixed -use building in the Central Business District located. The project is intended to be office space for legal services with an apartment for attached. The proposed specific use is a two -bedroom residence. The activities involved in the proposed use are those of daily living such as bathing, sleeping, eating, cooking, laundry, relaxing, and socializing. The use would be 24 hours a day, seven days a week, with the typical absences for work, shopping, etc. There would be no employees. Other than typical security devices such as locks and cameras, there is no additional security required. 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Applicant: Jonathan Vernon Location: 681 Park Street 0 100 200 1 1 1 9 Feet