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HomeMy WebLinkAbout5-16-22 PC Minutes * M I N U T E S * 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 *arrived at 3:18 p.m. Commissioner Tom 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. Councilmembers present: Mayor Robin Mouton Mayor Pro Tem Audwin Samuel Councilmember Randy Feldschau Councilmember Taylor Neild Councilmember Mike Getz Councilmember Chris Durio Also present: Chris Boone, 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 1 Planning Commission May 16, 2022 Commissioner Pate moved to approve the minutes of the Joint Public Hearings held on April 18, 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 Permit 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 abandonment 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. 2 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. Commissioner 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 required 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 as to provide an average separation of approximately two hundred fifty (250) feet. Variations shall occur only where lot widths and/or other conditions necessitate.” 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 Commission. 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 purpose 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. Mary 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. nd The applicant was present. Gerald W. Farha, 990 22 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. Commissioner 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. 6 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. th Sam Parigi, 445 14 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. Councilmember 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 comment. 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. 8