HomeMy WebLinkAbout8-15-22 PC Minutes
* M I N U T E S *
JOINT PUBLIC HEARINGS
PLANNING COMMISSION
CITY COUNCIL
City Council Chambers
August 15, 2022
A Joint Public Hearing of the Planning Commission and City Council was held on August 15,
2022 and called to order at 3:00 p.m. with the following members present:
Commission Members present: Chairman Sina Nejad
Commissioner Johnny Beatty
Commissioner Hamza Jabbar
Commissioner Darius Linton
Commissioner Lynda Kay Makin
Commissioner Taher Quraishi
Commission Members absent: Commissioner Shawn Javed
Commissioner Tom Noyola
Commissioner Sandy Pate
Alternate Commissioner Erika Harris
Alternate Commissioner Eddie Senigaur
Alternate Commissioner Rogers Sorrell Jr.
Councilmembers present: Mayor Robin Mouton
Mayor Pro Tem Chris Durio
Councilmember Randy Feldschau
Councilmember A.J. Turner *arrived at 3:19 p.m.
Councilmember Mike Getz
Councilmember Audwin Samuel
Also present: Chris Boone, Interim City Manager
Kenneth Williams, Incoming City Manager
Adina Josey, Senior Planner
Demi Engman, Senior Planner
Sharae Reed, City Attorney
Miles Haynes, Management Assistant
Catherine Allen, Recording Secretary
APPROVAL OF MINUTES
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Planning Commission
August 15, 2022
Commissioner Makin moved to approve the minutes of the Joint Public Hearings held on May
16, 2022 and June 27, 2022. Commissioner Beatty seconded the motion. The motion to approve
the minutes carried 6:0.
REGULAR MEETING
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-Surv Land Surveying L.L.C.
Location: 2905 W. Cardinal Drive
Mrs. Engman presented the staff report. Chris Rhodes, R.P.L.S. of Civil-Surv 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
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South 4 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.)”
Slides of the subject property, and proposed plat were shown.
Staff recommended approval of the request with the following conditions:
1. 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).
Commissioner Jabbar moved to approve the request for Preliminary Plat approval of Mustang
CAT Sales and Service Center, Beaumont, Jefferson County, Texas, as requested in PZ2022-264
with the following conditions:
1. Show the proposed roadway extension and cul-de-sac with principal dimensions,
specifying face to face of curb or back to back of curb.
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Planning Commission
August 15, 2022
2. Show proposed drainage improvements (i.e. curb inlets).
Commissioner Makin seconded the motion. The motion to approve carried 6:0.
2) PZ2022-266: Request for approval of the Replat of Lots 16, 17 and the south ½ 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
Mrs. Engman presented the staff report. Thomas S. Rowe of Mark W. Whitely & Associates,
Inc., has requested approval of a Replat of Lots 16, 17 and the south ½ of Lot 18 into Lots 16A
and 17A, Block 1, Woodlawn Addition, Beaumont, Jefferson County, Texas. The intention of
the plat is to combine two and a half (2 ½) lots into two (2) larger tracts of land.
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.
Slides of the subject property and proposed plat were shown.
Staff recommended approval of the request with the following condition:
1. Water and sanitary sewer utilities shall go to the rear of the property along Woodlawn
Avenue.
The applicant was present. Tom Rowe of Mark Whitely and Associates, 655 Langham Road
Unit 14, addressed the Commission. He stated that property owner wishes to build two (2) new
homes and reconfigure the lots to allow more width.
The public hearing on this item was opened and closed without further comment.
Commissioner Quraishi moved to approve the request for approval of the Replat of Lots 16, 17
and the south ½ of Lot 18 into Lots 16A and 17A, Block 1, Woodlawn Addition, Beaumont,
Jefferson County, Texas, as requested in PZ2022-266 with the following condition:
1. Water and sanitary sewer utilities shall go to the rear of the property along Woodlawn
Avenue.
Commissioner Jabbar seconded the motion. The motion to approve carried 6:0.
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
Mrs. Engman presented the 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
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Planning Commission
August 15, 2022
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 dimensions.” 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.
Slides of the subject property and proposed plat were shown.
Fifty-four (54) 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. 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.
2. Label Water Edge to be a private road and utility easements to show the road will remain
private.
The applicant was present. Scott Brackin of Access Surveyors, 11025 Old Voth Road, addressed
the Commission. He stated that the staff report covered everything and that there were no
encroachments.
Chairman Nejad allowed Tom Rowe of Mark Whitely and Associates, 655 Langham Road Unit
14, to address the Commission. He gave some history on the property and spoke in support of
this request to address some issues with the area shifting and surveys not being corrected.
The public hearing on this item was opened and closed without further comment.
Commissioner Quraishi moved to approve the 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, as requested in PZ2022-279 with the following conditions:
1. 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.
2. Label Water Edge to be a private road and utility easements to show the road will remain
private.
Commissioner Beatty seconded the motion. The motion to approve carried 6:0.
JOINT PUBLIC HEARINGS
Mayor Mouton called the Joint Public Hearings of August 15, 2022 to order at 3:15 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.
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Planning Commission
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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
Mrs. Josey presented the staff report. BNSF Railway Company, is requesting a Specific Use
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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 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.
Slides of the subject property, an updated drawing, examples of pedestrian railroad crossings in
other areas and the surrounding area of the subject property were shown.
Staff recommended approval of the request 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.
3. BNSF participate in the City’s rail crossing enhancement program by permitting a
pedestrian crossing at BNSF’s rail line at Riverfront Park.
Discussion followed concerning the details of the revisions and the ordinance requirements.
The applicant, Jeff Estes of BNSF Railway Company, 2650 Lou Menk Drive, Fort Worth, TX,
addressed the Commission. He stated that the staff report covered the request well. He added
additional details about the proposed berm and landscaping.
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Planning Commission
August 15, 2022
Discussion followed concerning adding trees and a possible amendment to the third condition to
add that planning staff could approve the pedestrian crossing.
Further discussion followed concerning noise mitigation and the proposed berm.
Chairman Nejad moved to approve 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
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.
3. Contingent on approval by Planning Office, BNSF participate in the City's rail crossing
enhancement program by permitting pedestrian crossing at BNSF's rail line at Riverfront
Park.
4. Add trees abutting the proposed wall adjacent to existing residential properties.
Commissioner Makin seconded the motion. The motion to approve the request carried 6:0.
After the vote was taken on this item, Chairman Nejad realized that a public hearing had not
been held. The public hearing on this item was opened and closed without comment.
Commissioner Beatty left the meeting at 3:34 p.m.
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
Mrs. Engman presented the staff report. Jonathan Vernon proposes a 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 living quarters will be
located behind the law office on the northwest side of the building. It will be used twenty-four
(24) hours a day, 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.
Slides of the subject property, site plan and surrounding area were shown.
Twenty-one (21) notices were mailed to property owners within two hundred (200) feet of the
subject property. Zero responses were received in favor and one was received in opposition.
Mrs. Engman read the letter in opposition which was from a church that will opening be close by
and will possibly cause noise and traffic near the dwelling.
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Planning Commission
August 15, 2022
Staff recommended approval of the request 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.
Brief discussion followed concerning the zoning and the specific use permit requirement for the
living quarters.
The applicant was present. Jonathan Vernon, 215 Orleans Street, addressed the Commission.
He stated that he was aware of the church and does not have a problem with it being nearby. He
added that the work was started before the permit was obtained because of a misunderstanding
on the part of the contractor. Once this was realized, Mr. Vernon stated that he immediately
began steps to remedy the problem.
Discussion followed concerning the use of the property, parking and the dimensions of the living
space.
The public hearing on this item was opened.
Cassandra Bravo, 3115 Yasmine Dior Street, addressed the Commission. She stated that she was
representing Angel’s Drywall and AM Property Management, who own part of the parking lot.
She stated that they are not in favor of the request unless a negotiation can be reached about their
trailer that is in the parking area.
The public hearing on this item was closed.
The applicant was given an opportunity to speak in rebuttal. Mr. Vernon stated that is his
understanding that he does not have any rights to complain about the trailer on their property.
Commissioner Quraishi moved to approve the request for a Specific Use Permit to allow a
dwelling unit along with a new law office in the CBD (Central Business District), as requested in
file PZ2022-247 with the following conditions:
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.
Commissioner Jabbar seconded the motion. The motion to approve the request carried 5:0.
OTHER BUSINESS
Mayor Mouton introduced Incoming City Manager Kenneth Williams and welcomed him to
Beaumont.
THERE BEING NO OTHER BUSINESS, THE MEETING ADJOURNED AT 3:40 P.M.
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