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HomeMy WebLinkAbout10-17-22 PC Minutes * M I N U T E S * JOINT PUBLIC HEARINGS PLANNING COMMISSION CITY COUNCIL City Council Chambers October 17, 2022 A Joint Public Hearing of the Planning Commission and City Council was held on October 17, 2022 and called to order at 3:16 p.m. with the following members present: Commission Members present: Chairman Sina Nejad Commissioner Shawn Javed Commissioner Darius Linton Commissioner Tom Noyola Commissioner Sandy Pate Commissioner Taher Quraishi Commission Members absent: Commissioner Johnny Beatty Commissioner Hamza Jabbar Commissioner Lynda Kay Makin Alternate Commissioner Erika Harris Alternate Commissioner Eddie Senigaur Alternate Commissioner Rogers Sorrell Jr. Councilmembers present: Mayor Pro Tem Chris Durio Councilmember Randy Feldschau Councilmember A.J. Turner. Councilmember Mike Getz *arrived at 3:18 p.m. Councilmember Audwin Samuel *arrived at 3:18 p.m. Also present: Adina Josey, Senior Planner Demi Engman, Senior Planner Sharae Reed, City Attorney Catherine Allen, Recording Secretary Susan Smith, Recording Secretary APPROVAL OF MINUTES Chairman Nejad noted an error on page 8 of the September 19, 2022 Joint Public Hearing minutes in that Commissioner Noyola was erroneously referred to by the title of “Chairman” rather than “Commissioner.” Commissioner Noyola moved to approve the minutes of the Joint Public Hearings held on September 19, 2022. Commissioner Javed seconded the motion. The motion to approve the minutes carried 6:0. 1 Planning Commission October 17, 2022 *The September 19, 2022 Planning Commission Joint Public Hearing minutes have been corrected. REGULAR MEETING 1) PZ2022-334: Request for an abandonment of the alleyways in Blocks 1, 2, 3, & 4 of the Calder Addition and the right-of-way abandonment of the 600 Block of Forrest Street. Applicant: Barbara Wilson Location: Alleyways in the blocks between North Street, Center Street, Magnolia Avenue and Calder Avenue and part of the 600 block of Forrest Street. Mrs. Josey presented the staff report. Barbara Wilson, along with most of the adjacent property owners, would like to request the abandonment of the alleyways in Blocks 1-4 of the Calder Addition and a portion of Forrest Street. This location is experiencing issues with people loitering along the street and alleyways. Neighboring properties would like to fence these areas, preventing access to the public. Beaumont Fire is in favor of the presented abandonment of Forrest Street, as long as the pavement remains. Also, any gate installed restricting access to the abandoned properties must be a minimum 12’ wide with a Knox padlock for fire access. Public works is not opposed to the abandonment, but wants to be clear that the pavement and roadway would no longer be maintained by the City for any portion of Forrest Street that is abandoned. In addition, any street lights would need to be removed or transferred into the private account of the new property owner Slides of the subject property and surrounding area were shown. Staff recommended approval of the request with the following conditions: 1. All alleyways and street to be abandoned will be retained as utility and access easements. 2. Pavement for abandoned portions of Forrest Street will no longer be maintained by the City of Beaumont. 3. Street lights in abandoned portions of Forrest Street must be moved or transferred into a private account. 4. Any gate installed to restrict access to the alleys or abandoned street must be at least 12’ wide with Knox padlocks for fire access. 5. 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 the proof that payment has been arranged prior to the item being placed on City Council’s agenda. 2 Planning Commission October 17, 2022 The applicant was present. Barbara Wilson, along with several of the adjacent property owners, addressed the Commission. David Bradley, 2165 North Street, Beaumont, Texas, stated that the historic home that he is renovating near the subject alleyways is being vandalized and occupied by trespassers. He also stated that the alleyway is being used as a public restroom. Greg Austin, owner of the building located at 1110 Calder, stated he has lost a long-time tenant due to homeless individuals living in the alleyway and the property has also been burglarized. Carolyn Lane, 1125 North Street, Beaumont, Texas, stated she and her family are long-time residents of the area and it is now being used by trespassers for urination, defecation, and fornication purposes. Barbara Wilson stated that she has considered selling her business property due to homeless individuals occupying the subject alleyways and using it as a public restroom. Discussion followed concerning closure of the alleyways, ownership and usage of the properties along the alleyways, private road signage, lighting, installation of locked gates, and alternatives for the homeless individuals occupying the subject properties. The public hearing on this item was opened and closed without comment. Commissioner Noyola moved to approve the request for an abandonment of the alleyways in Blocks 1, 2, 3, and 4 of the Calder Addition and the right-of-way abandonment of the 600 Block of Forrest Street, as requested in PZ2022-334 with the following conditions: 1. All alleyways and street to be abandoned will be retained as utility and access easements. 2. Pavement for abandoned portions of Forrest Street will no longer be maintained by the City of Beaumont. 3. Street lights in abandoned portions of Forrest Street must be moved or transferred into a private account. 4. Any gate installed to restrict access to the alleys or abandoned street must be at least 12’ wide with Knox padlocks for fire access. 5. 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 the proof that payment has been arranged prior to the item being placed on City Council’s agenda. Commissioner Quraishi seconded the motion. The motion to approve carried 6:0. 2) PZ2022-349: Request for approval of a Replat of Lots 14 A-1 and 15 A-1 into Lots 1, 2 & 3 of the Amended Plat of Neches Terrace Addition, Beaumont, Jefferson County, Texas. Applicant: James Douglas of Fittz & Shipman, Inc.,   Location: 7695 Highway 105 Mrs. Josey presented the staff report. James Douglas of Fittz & Shipman, Inc., has requested approval of a Replat of Lots 14 A-1 and 15 A-1 into Lots 1, 2 & 3 of the Amended Plat of 3 Planning Commission October 17, 2022 Neches Terrace Addition, Beaumont, Jefferson County, Texas. The purpose of this plat is to create three (3) residential lots from one (1) existing property. Properties that only face Highway 105 do not have direct access to City sanitary sewer lines and properties only facing Tolivar Road do not have direct access to City water lines. Easements have been included to provide utility access to all lots. Slides of the subject property and proposed replat 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 zero were received in opposition. Staff recommended approval of the request. Discussion followed regarding the property lines and access to the property. The public hearing on this item was opened and closed without comment. Commissioner Quraishi moved to approve the request for approval of the Replat of Lots 14 A-1 and 15 A-1 into Lots 1, 2 & 3 of the Amended Pat of Neches Terrace Addition, Beaumont, Jefferson County, Texas, as requested in PZ2022-349. Commissioner Noyola seconded the motion. The motion to approve carried 6:0. JOINT PUBLIC HEARINGS Mayor Pro-Tem Chris Durio called the Joint Public Hearings of October 17, 2022 to order at 3:38 p.m. and explained the purpose of the Joint Public Hearing process. Mayor Pro-Tem Durio then turned the meeting over to Chairman Najed to conduct the Joint Public Hearings. 3) PZ2022-367: Request for a Specific Use Permit to allow permanent makeup tattooing in the CBD (Central Business District). Applicant: Kourtney Baldwin Location: 308 Orleans, Suite 1 Mrs. Josey presented the staff report. Kourtney Baldwin has requested a Specific Use Permit to allow cosmetic tattooing at 308 Orleans Street. Ms. Baldwin has mentioned she plans to provide body art, cosmetic tattooing and eyelash extensions. As the Central Business District zone does not require any on-site parking, vehicles would park on the street. Slides of the subject property, site plan, and surrounding area of the subject property 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 and zero were received in opposition. Staff recommended approval of the request with the following condition: 4 Planning Commission October 17, 2022 1. Plans must meet all requirements by Water Utilities for any water and sanitary sewer improvements, including any requirements of the City's backflow, pre-treatment, and/or FOG program. Discussion followed regarding Americans with Disabilities Act (ADA) access to the property. The applicant was present. Kourtney Baldwin 308 Orleans, Beaumont, Texas, addressed the Commission. She stated that her business will occupy a small portion of the building location site. 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 permanent makeup tattooing in the CBD (Central Business District), as requested in PZ2002-367 with the following condition: 1. Plans must meet all requirements by Water Utilities for any water and sanitary sewer improvements, including any requirements of the City’s backflow, pre-treatment, and/or FOG program. Commissioner Javed seconded the motion. The motion to approve carried 6:0 4) PZ2022-378: Request for a Specific Use Permit to allow an assisted living facility in the GC-MD-2 (General Commercial – Multiple Family Dwelling-2) District. . Mrs. Engman presented the staff report. Zach Rowe, on behalf of Oakridge Assisted Living Home, requests a Specific Use Permit to develop an assisted living facility located at 3440 Valmont Avenue. The GC-MD-2 zoning district requires a Specific Use Permit for all new proposed land uses. The intent of the facility is to provide twenty-four (24) hour care to sixteen (16) elderly residents in a comfortable and home-like environment. They will employ twelve (12) people to staff the facility Slides of the subject property, site plan, and surrounding area of the subject property were shown. Fourteen (14) notices were mailed to property owners within two hundred (200) feet of the subject property. Two responses were received in favor and zero were received in opposition. Staff recommended approval of the request with the following conditions: 1. Construction plans must meet all requirements by Water Utilities for any water and sanitary sewer improvements, including any requirements of the City’s backflow, pre- treatment, and/or FOG program. 2. Construction plans shall be in compliance with Section 28.04.006 Landscaping and screening requirements. 5 Planning Commission October 17, 2022 The applicant, Zach Rowe, of Whiteley Oliver Engineering, 3250 Eastex Freeway, Beaumont, Texas, on behalf of Oakridge Assisted Living Home, addressed the Commission. He stated that the property owner has no objection to the conditions. The public hearing on this item was opened. Property Owner, Sam Parigi, 445 N. 14 Street, Beaumont, Texas, addressed the Commission. He stated that the facility is a residential-style assisted living home for individuals with Alzheimer’s Disease. Vera Bonireese, 2990 S. Major Drive, Beaumont, Texas, addressed the Commission. She stated that she will be operating the single story facility. The public hearing on this item was closed. Chairman Quraishi moved to approve the request for a Specific Use Permit to allow an assisted living facility in the GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District, as requested in file PZ2022-367, with the following conditions: 1. Construction plans must meet all requirements by Water Utilities for any water and sanitary sewer improvements, including any requirements of the City’s backflow, pre-treatment, and/or FOG program. 2. Construction plans shall be in compliance with Section 28.04.006 Landscaping and screening requirements. Commissioner Noyola seconded the motion. The motion to approve the request carried 6:0. 5) PZ2022-379: Request for a Specific Use Permit to allow an eating place in the GC-MD- 2 (General Commercial – Multiple Family Dwelling-2) District. Mrs. Engman presented the staff report. Brandy Tarver requests a Specific Use Permit to open an ice cream shop located at 3825 W. Lucas Drive, Suite C. The GC-MD-2 zoning district requires a Specific Use Permit for all new proposed land uses. Ms. Tarver intends to sell on-the-go ice cream and milkshakes. The shop will employ six (6) to seven (7) employees and the hours of operation are to be 11:00 am to 7:00 pm Monday through Thursday, and 11:00 am to 9:00 pm Friday through Saturday. It will not be open on Sundays. Slides of the subject property, site plan, and surrounding area of the subject property were shown. Seventeen (17) notices were mailed to property owners within two hundred (200) feet of the subject property. Two (2) responses were received in favor and one (1) was received in opposition. Mrs. Engman read the letter in opposition from a neighboring property owner. The individual stated that she would be in favor of the business if privacy fencing separated the property line. Staff recommended approval of the request with the following condition: 6 Planning Commission October 17, 2022 1. Plans must meet all requirements by Water Utilities for any water and sanitary sewer improvements, including any requirements of the City’s backflow, pre-treatment, and/or FOG program. The applicant was present. Brandy Tarver, 3825 W. Lucas Drive, Suite C, Beaumont, Texas, addressed the Commission. She stated that the rolled ice cream eating place is a new business. The public hearing on this item was opened. Property Owner, Dr. Mark Johnson, 3825 W. Lucas Drive, Suite A, Beaumont, Texas, address the Commission. He stated that he is in favor of the business. Tina Cobb, 3755 W. Lucas Drive, Beaumont, Texas addressed the Commission. She stated that she has privacy concerns due to high traffic volume and requested that a privacy fence be erected. Discussion followed regarding the ordinance specifying the conditions and enforcement under which a privacy fence can be erected. The applicant was given an opportunity to speak in rebuttal. Ms. Tarver stated that the ice cream business will be open during the hours that the majority of the surrounding businesses will be closed, thus alleviating high traffic concerns. The public hearing on this item was closed. Commissioner Quraishi moved to approve the request for a Specific Use Permit  to allow an eating place in the GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District, as requested in file PZ2022-379 with the following condition: 1. Plans must meet all requirements by Water Utilities for any water and sanitary sewer improvements, including any requirements of the City’s backflow, pre-treatment, and/or FOG program. Commissioner Javed seconded the motion. The motion to approve the request carried 6:0. 6) PZ2022-382: Request for a Specific Use Permit to allow a temporary batching plant in the LI (Light Industrial) District. Applicant: Seth Schulgen for Williams Brothers Construction Company, Inc. Location: 4965 Fannett Road Mrs. Engman presented the staff report. Seth Schulgen, on behalf of Williams Brothers Construction Company, Inc., requests a Specific Use Permit (SUP) to develop a temporary batching plant located at 4965 Fannett Road. Williams Brothers Construction Company, Inc. purchased the property to utilize as a temporary yard to support reconstruction/expansion of Interstate 10. Facilities onsite will include office trailers, truck yard, concrete batch plant, pug mill, and crusher, borrow pit and detention. The existing driveway access off Fannett Road will 7 Planning Commission October 17, 2022 be used as ingress and egress for the site and will be gated to restrict access outside operating hours. The properties total in approximately one hundred seventy three (173) acres in size and abut the Hildebrandt Bayou. Twenty-two (22) notices were mailed to property owners within two hundred (200) feet of the subject property. Zero responses were received in favor and zero were received in opposition. Staff recommended approval of the request with the following conditions: 1. Construction plans must meet all requirements by Water Utilities for any water and sanitary sewer improvements, including any requirements of the City’s backflow, pre-treatment, and/or FOG program. 2. Shall secure water services to the property with the Water Department. 3. Shall maintain a buffer of fifty (50) feet from the edge of the waterway to Hildebrandt Bayou into the property and shall not disturb any of the natural vegetation within that buffer. 4. Shall adhere to all State of Texas guidelines and regulations to ensure freshwater ponds will not be negatively impacted by the development. 5. Proper Storm Water Pollution Prevention Plan measures must be utilized to reduce the pollutants in the storm water discharging from the construction site into Hildebrandt Bayou. 6. All structures erected shall be in compliance with Section 28.03.024 District area and height regulations. 7. Fire Apparatus Access shall be provided for all structures on site. 8. Within thirty (30) days following the termination of the batching plant, the permittee shall cause the site to be returned to its original condition. Discussion followed regarding the applicant returning the property to its original condition once the project is complete. The applicant was present. Seth Schulgen of Williams Brothers Construction Company, Inc., 3800 Milam, Houston, Texas, addressed the Commission. He stated that the company is rebuilding the Hwy 69/IH-10 Interchange, a TxDot Project. Williams Brothers purchased the property to use as its facilities during the five-year construction process and the property will be sold once the project is complete. He also stated that the batching plant will hire full-time employees to work in the office, as well as those that will operate heavy construction equipment. The applicant approves of the conditions recommended by staff. The public hearing on this item was opened and closed without comment. 8 Planning Commission October 17, 2022 Commissioner Quraishi moved to approve the request for a Specific Use Permit  to allow a temporary batching plant in the LI (Light Industrial) District, as requested in file PZ2022-382 with the following conditions: 1. Construction plans must meet all requirements by Water Utilities for any water and sanitary sewer improvements, including any requirements of the City’s backflow, pre-treatment, and/or FOG program. 2. Shall secure water services to the property with the Water Department. 3. Shall maintain a buffer of fifty (50) feet from the edge of the waterway to Hildebrandt Bayou into the property and shall not disturb any of the natural vegetation within that buffer. 4. Shall adhere to all State of Texas guidelines and regulations to ensure freshwater ponds will not be negatively impacted by the development. 5. Proper Storm Water Pollution Prevention Plan measures must be utilized to reduce the pollutants in the storm water discharging from the construction site into Hildebrandt Bayou. 6. All structures erected shall be in compliance with Section 28.03.024 District area and height regulations. 7. Fire Apparatus Access shall be provided for all structures on site. 8. Within thirty (30) days following the termination of the batching plant, the permittee shall cause the site to be returned to its original condition. Commissioner Noyola seconded the motion. The motion to approve the request carried 6:0. THERE BEING NO OTHER BUSINESS, THE MEETING ADJOURNED AT 4:10 P.M. 9