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HomeMy WebLinkAbout12/06/2022 PACKET BEAUMONT TEXAS MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS CITY HALL 801 MAIN STREET TUESDAY, DECEMBER 6, 2022 5:30 PM AGENDA CALL TO ORDER * Invocation Pledge Roll Call • Proclamations, Presentations and Recognitions-Presentation from the Mamie McFaddin Ward Heritage Foundation • Public Comment: Persons may speak on the Consent Agenda and Items 14-25 CONSENT AGENDA (Items placed on the Consent Agenda are considered routine in nature and are considered non-controversial. The Consent Agenda can be acted upon in one motion. A consensus of the Council is required to remove any item for discussion and separate action.) A. Approval of the November 22, 2022 City Council Meeting Minutes B. Approve an annual maintenance renewal from Automox of Boulder, Colorado for patch management of servers and computers on the City network for use by all city departments REGULAR AGENDA 1. Consider a request for a street dedication in honor of William "Boy"Brown 2. Consider a request for a Rezoning from RCR-H (Residential Conservation Revitalization-Historic) District to RCR (Residential Conservation Revitalization) District with a Specific Use Permit to allow a yoga studio located at 1890 Broadway Street 3. Consider a request for a Rezoning from RM-H (Residential Multiple Family Dwelling-Highest Density)District to GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District with a Specific Use Permit to allow a veterinarian clinic and kennel located at 2040 N. Dowlen Road 4. Consider a request for a Specific Use Permit to allow a gaming site in a GD-MD (General Commercial-Multiple Family Dwelling) District located at 2770 College Street 5. Consider a request for a Specific Use Permit to allow the expansion of an existing funeral home in a GC-MD (General Commercial-Multiple Family Dwelling) District located at 1225 S. 7th Street 6. Consider a request for a Specific Use Permit to allow three duplexes on three adjacent lots in an RS (Residential Single Family Dwelling) District located at 3320 Kipling Drive 7. Consider a request for a Specific Use Permit to allow two dwellings on one property in an RS (Residential Single Family Dwelling) District located at 8325 Morgan Lane 8. Consider a request for a Specific Use Permit to allow the parking of vehicles with a rated carrying capacity in excess of two tons on undeveloped property in a GC- MD (General Commercial-Multiple Family Dwelling) District located at 5457 Fannett Road 9. Consider a request for a Specific Use Permit to allow a duplex in an RS (Residential Single Family Dwelling) District located at 867 Ewing Street 10. Consider a request for a Specific Use Permit to allow a loan business in an RCR (Residential Conservation Revitalization) District located at 2880 Concord Road 11. Consider a request for an abandonment of the alleyway in Block 57 of the Van Wormer Addition 12. Consider a request for an abandonment of a portion of the alleyway in Block G, Southerland Addition 13. Consider a request to abandon a portion of Sabine Pass Avenue between Blanchette Street and Emmett Avenue 14. Consider an ordinance denying Entergy Texas, Inc.'s proposed rate increase 15. Consider authorizing the City Manager to execute Change Order No. 2, accept maintenance, and authorize final payment to Elite Contractors and Equipment LTD for the Fleet Management Parking Lot Reconstruction Project Phase II 16. Consider authorizing the City Manager to enter into an agreement with Helms Pipe Organ Builders to upgrade the Jefferson Theatre Robert-Morton Organ located at 345 Fannin Street 17. Consider authorizing the City Manager to execute an Industrial District Agreement with Slamback 18. Consider authorizing the City Manager to execute an Industrial District Agreement with Goodyear 19. Consider authorizing the City Manager to execute an Industrial District Agreement with Energy Transfer Spindletop LLC 20. Consider authorizing the City Manager to execute an Industrial District Agreement with DCP Southeast Texas Plant LLC 21. Consider authorizing the City Manager to execute an Industrial District Agreement with Chemtrade Refinery Services 22. Consider authorizing the City Manager to execute an Industrial District Agreement with Centana Intrastate Pipeline LLC 23. Consider authorizing the City Manager to execute an Industrial District Agreement with Exxon Mobil 24. Consider authorizing the City Manager to execute an Industrial District Agreement with Entergy 25. Consider authorizing the City Manager to execute an Industrial District Agreement with IBEW WORK SESSION • Review and discuss Economic Development Concepts, Alternatives and Implementation COMMENTS • Public Comment (Persons are limited to 3 minutes) • Councilmembers/City Manager/City Attorney comment on various matters EXECUTIVE SESSION * Consider matters related to the deliberation of the purchase, exchange, lease or value of real property in accordance with Section 551.072 of the Government Code, to wit: Riverfront Project 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. 2 December 6, 2022 Consider a request for a Rezoning from RCR-H (Residential Conservation Revitalization-Historic) District to RCR(Residential Conservation Revitalization)District with a Specific Use Permit to allow a yoga studio located at 1890 Broadway Street BEAUMONT Planning & Community Development Case Type:Planning and Zoning Case Status:REVIEW Case Sub Type: Specific Use/Rezone Tag Name: Request for Rezone to RCR and SUP for Case#:PZ2022-422 Love Yoga Location: 1890 BROADWAY ST,BEAUMONT,77701 Initiated On: 10/18/2022 7:35:56AM Individuals listed on the record: Applicant Julian Davila Home Phone: 1890 broadway st Work Phone: beaumont,ix 7770 Cell Phone: 409-651-3743 E-Mail: davila1214@gmail.com Property Owner tyler wharton Home Phone: 2467 calder st Work Phone: beaumont,TX 77702 Cell Phone: 940-535-4196 E-Mail: twharton@hotmall.com • • Case Type:Planning and Zoning Page 1 of 2 Case#:PZ2022-422 Printed On:11/1/2022 BEAUMONT Planning &Community Development Legal Description Lot 6 and the W 1/2 of Lot 5,Block 12 and adjacent 1/2 alley, McFaddin 2nd Addition Number of Acres 0.25 Proposed Use rezone to RCR with SUP for yoga studio That the specific use will be no exterior changes will be made to the building. compatible with and not injurious to the use and enjoyment of other property,nor significantly diminish or impair property values within the immediate vicinity That the establishment of the specific it will keep normal Buisness hours between 8:30am-7pm use will not impede the normal and orderly development and improvement of surrounding vacant property; That adequate utilities,access roads, current utilities are up to code.new exterior service was added last drainage and other necessary year. supporting facilities have been or will be provided The design,location and arrangement there are two existing driveway,one facing south on broadway and of all driveways and parking spaces one facing west on 3rd provides for the safe and convenient movement of vehicular and pedestrian traffic • That adequate nuisance prevention there is newly installed fence on the eastern side of property and a measures have been or will be taken hedge surrounding the building. to prevent or control offensive odor, fumes,dust,noise and vibration That directional lighting will be • no new lighting will be installed unless suggested by planning and provided so as not to disturb or zoning. adversely affect neighboring properties That there are sufficient landscaping there is newly installed fence on the eastern side of property and a and screening to insure harmony and hedge surrounding the building. compatibility with adjacent property That the proposed use is in with my main man beau Hansen at planning and zoning, I believe we accordance with the Comprehensive are in accordance. Plan Notes: Case Type:Planning and Zoning Page 2 of 2 Case#:PZ2022-422 Printed On:11/1/2022 ZONING CHANGE AND SUP REQUEST FOR 1890 BROADWAY I am requesting a rezone on 1890 broadway st, For the use of love yoga, a popular yoga studio currently located on Calder. They are growing and in need of a larger space. I was suggested by planning and zoning that a rezone would also increased the likely hood of love yogas sup going threw along with any future plans for the building. The building was originally built for commercial use. It has been multiple Businesses over the last 20 years. The building has 20 paved parking spaces including a handicap spot. ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING CHAPTER 28 OF THE CODE OF ORDINANCES OF BEAUMONT, TEXAS, AND IN PARTICULAR THE BOUNDARIES OF THE ZONING DISTRICTS, AS INDICATED UPON THE ZONING MAP OF BEAUMONT, TEXAS, BY CHANGING THE ZONING OF PROPERTY PRESENTLY ZONED RCR-H (RESIDENTIAL CONSERVATION REVITALIZATION-HISTORIC) DISTRICT TO RCR (RESIDENTIAL CONSERVATION REVITALIZATION) DISTRICT FOR PROPERTY LOCATED AT 1890 BROADWAY STREET, BEAUMONT, JEFFERSON COUNTY, TEXAS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That Chapter 28 of the Code of Ordinances of Beaumont, Texas, and in particular the boundaries of the zoning districts, as indicated upon the Zoning Map of the City of Beaumont, referred to in Section 28.01.005(b) thereof, is hereby amended by changing the zoning of property presently zoned RCR-H (Residential Conservation Revitalization- Historic) District to RCR (Residential Conservation Revitalization) District for property located at 1890 Broadway Street, being Lot 6, the west 1/2 of Lot 5 and 1/2 of the adjacent alley, Block 12, McFaddin 2nd Addition, Beaumont, Jefferson County, Texas, containing 0.25 acres, more or less, as shown on Exhibit"A," attached hereto, and the official zoning map of the City of Beaumont is hereby amended to reflect such changes. Section 2. That, in all other respects, the use of the property herein above described shall be subject to all of the applicable regulations of the underlying zoning district as well as those regulations contained in Chapter 28 of the Code of Ordinances of Beaumont, Texas, as amended. Section 3. That if any section, subsection, sentence, clause of phrase of this ordinance, or the application of same to a particular set of persons or circumstances, should for any reason be held to be invalid, such invalidity shall not affect the remaining portions of this ordinance, and to such end, the various portions and provisions of this ordinance are declared to be severable. Section 4. That all ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only. Section 5. That any person who violates any provision of this ordinance shall, upon conviction, be punished, as provided in Section 1.01.009 of the Code of Ordinances of Beaumont, Texas. The meeting at which this ordinance was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 6th day of December, 2022. - Mayor Robin Mouton - ORDINANCE NO. ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A YOGA STUDIO IN AN RCR (RESIDENTIAL CONSERVATION REVITALIZATION) DISTRICT AT 1890 BROADWAY STREET IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS, Julian Davila has applied for a specific use permit to allow a yoga studio in an RCR (Residential Conservation Revitalization) District at 1890 Broadway Street, being Lot 6, the west '/2 of Lot 5 and '/2 of the adjacent alley, Block 12, McFaddin 2nd Addition, containing 0.25 acres more or less, as shown on Exhibit"A,"attached hereto; and, WHEREAS, the Planning and Zoning Commission of the City of Beaumont considered the request and is recommending approval of a specific use permit to allow a yoga studio in an RCR (Residential Conservation Revitalization) District at 1890 Broadway Street; and, WHEREAS, the City Council is of the opinion that the issuance of such specific use permit to allow a yoga studio is in the best interest of the City of Beaumont and its citizens; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this ordinance are hereby, in all things, approved and adopted; and, Section 1. That a specific use permit to allow a yoga studio in an RCR (Residential Conservation Revitalization) District at 1890 Broadway Street, being Lot 6, the west 'h of Lot 5 and % of the adjacent alley, Block 12, McFaddin 2nd Addition, containing 0.25 acres more or less, as shown on Exhibit "A" is hereby granted to Julian Davila, her legal representatives, successors and assigns, as shown on Exhibit "B," attached hereto and made a part hereof for all purposes. Section 2 That the specific use permit herein granted is expressly issued for and in accordance with each particular and detail of the site plan attached hereto as Exhibit "B" and made a part hereof for all purposes. Section 3. Notwithstanding the site plan attached hereto as Exhibit"B"the use of the property herein above described shall be in all other respects subject to all of the applicable regulations contained in Chapter 28 of the Code of Ordinances of Beaumont, Texas, as amended, as well as comply with any and all federal, state and local statutes, regulations or ordinances which may apply. The meeting at which this ordinance was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 6th day of December, 2022. - Mayor Robin Mouton - / Revitalization)w N Request for for a Rezoning from, RCR11 (Residential Conservation Specific Z2022 422. Conservation Revitaihation—Iiistoric)to RCR. 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' Ff'11-'1 ' l' '11•'1,X i,' ki,4 Ail. .$4-:,tA7.4‘ v.•-i•-4.kti-r- .V.!<k'1,,•A?-,14 '4",--42',. -•Vit(i•;1•-••M'''•7'm' ^-"--m' ' ,it.;;;16.1.1.,'w,.,•)61 'll ILS..'i'h...:1--A-L-z...'1'.-Ef.:+301t:ler'..::,;1.i .I°1•!---:',"-"e• s'41i.-5-,,`,. 1---- "' ' 0.••5 31",i, •11 •-•-- ----. - • •-,..:..v .•...-,,• !•'.--1•....i. •••...-•-• , i liZ•t,„is,j ,, :11-1,-, .--.''. r t,---,:'.. VI 1'1"."..1--.A`'. " Le„Pi-,...411.1..1_•'',t•--' ". EXHIBIT "A" i 1890 broadway site plan 1 ..„ J EXHIBIT "B" 3 December 6, 2022 Consider a request for a Rezoning from RM-H (Residential Multiple Family Dwelling-Highest Density) District to GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District with a Specific Use Permit to allow a veterinarian clinic and kennel located at 2040 N. Dowlen Road BEAUMONT TEXAS TO: City Council FROM: Kenneth R. Williams, City Manager ci PREPARED BY: Chris Boone,Assistant City Manager, Development Services MEETING DATE: December 6, 2022 REQUESTED ACTION: Council consider a request for a Rezoning from RM-H (Residential Multiple Family Dwelling-Highest Density) District to GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District with a Specific Use Permit to allow a veterinarian clinic and kennel located at 2040 N. Dowlen Road. BACKGROUND Danny Hurych would like to rezone the property at 2040 N. Dowlen Road from RM-H (Residential Multiple-Family Dwelling—Highest Density)to GC-MD-2 (General Commercial— Multiple-Family Dwelling-2)District with a Specific Use Permit to allow a veterinarian clinic and kennel. Property directly across Dowlen Road is zoned GC-MD-2 and this entire area is chopped up with various zoning districts. The requested zoning will allow for stipulations that will protect the residential properties to the north and east. The comprehensive plan recognizes this area as a stable area. As this is a commercial business located next to 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 must be installed and maintained along the east property line. The buffer will require one (1) class A or two (2) class B trees every twenty-five (25) linear feet along the property line. A six (6) foot wide landscaped buffer will be required between parking areas and city rigjht-of-way. The buffer will contain a three (3) foot tall wall,berm or hedge along with one (1) class A or two (2) class B trees every twenty-five(25) linear feet. In addition, one landscaped island containing one (1) class A or two (2) class B trees will be required for every twenty(20) parking spaces on the property. Signage will require a separate permit. All lighting at the rear of the property will need to be directional and shielded to protect the residential property to the east. To help control sound from the outdoor relief areas, these areas should be enclosed by an eigjht(8) foot tall wood or masonry fence, and the sidewalk required along Dowlen Road must be a minimum of five (5)feet wide. In addition, detention will be needed to ensure that the proposed runoff of the developed site is equal to that of the pre-developed runoff rate for the 100-yr event using Atlas 14 rainfall data. At a Joint Public Hearing held on November 21, 2022, the Planning Commission recommended 7:0 to approve the request for a Rezoning from RM-H (Residential Multiple Family Dwelling- Highest Density) District to GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District with a Specific Use Permit to allow a veterinarian clinic,with the following condition: 1. Install landscaping, screening and irrigation to meet Zoning Ordinance requirements. 2. Install eight(8) foot tall wood or masonry fences around outdoor relief areas. 3. Sidewalk along Dowlen Road must be a minimum of five (5) feet wide. 4. All lighting at the rear of the property must be directional and shielded from residential property to the east. 5. Construction plans must meet all requirements by Water Utilities for water and sanitary sewer improvements, including any requirements of the City's backflow,pre-treatment and/or F.O.G. program. 6. Detention required to ensure that the proposed runoff of the developed site is equal to that of the pre-developed runoff rate for the 100-yr event using Atlas 14 rainfall data. FUNDING SOURCE Not applicable. RECOMIVIENDATION Approval of the ordinance with the following conditions: 1. Install landscaping, screening and irrigation to meet Zoning Ordinance requirements. 2. Install eight(8) foot tall wood or masonry fences around outdoor relief areas. 3. Sidewalk along Dowlen Road must be a minimum of five (5) feet wide. 4. All lighting at the rear of the property must be directional and shielded from residential property to the east. 5. Construction plans must meet all requirements by Water Utilities for water and sanitary sewer improvements, including any requirements of the City's backflow,pre-treatment and/or F.O.G. program. 6. Detention required to ensure that the proposed runoff of the developed site is equal to that of the pre-developed runoff rate for the 100-year event using Atlas 14 rainfall data. ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING CHAPTER 28 OF THE CODE OF ORDINANCES OF BEAUMONT, TEXAS, AND IN PARTICULAR THE BOUNDARIES OF THE ZONING DISTRICTS, AS INDICATED UPON THE ZONING MAP OF BEAUMONT, TEXAS, BY CHANGING THE ZONING OF PROPERTY PRESENTLY ZONED RM-H (RESIDENTIAL MULTIPLE FAMILY DWELLING-HIGHEST DENSITY) DISTRICT TO GC-MD (GENERAL COMMERCIAL- MULTIPLE FAMILY DWELLING) DISTRICT FOR PROPERTY LOCATED AT 2040 N. DOWLEN ROAD, BEAUMONT, JEFFERSON COUNTY, TEXAS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That Chapter 28 of the Code of Ordinances of Beaumont, Texas, and in particular the boundaries of the zoning districts, as indicated upon the Zoning Map of the City of Beaumont, referred to in Section 28.01.005(b) thereof, is hereby amended by changing the zoning of property presently zoned RM-H (Residential Multiple Family Dwelling- Highest Density) District to GC-MD (General Commercial-Multiple Family Dwelling) District for property located at 2040 N. Dowlen Road, being Lot 2, Block 2, Dowlen Commercial Plaza, Beaumont, Jefferson County, Texas, containing 2.2 acres, more or less, as shown on Exhibit "A," attached hereto, and the official zoning map of the City of Beaumont is hereby amended to reflect such changes. Section 2. That, in all other respects, the use of the property herein above described shall be subject to all of the applicable regulations of the underlying zoning district as well as those regulations contained in Chapter 28 of the Code of Ordinances of Beaumont, Texas, as amended. Section 3. That if any section, subsection, sentence, clause of phrase of this ordinance, or the application of same to a particular set of persons or circumstances, should for any reason be held to be invalid, such invalidity shall not affect the remaining portions of this ordinance, and to such end, the various portions and provisions of this ordinance are declared to be severable. Section 4. That all ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only. Section 5. That any person who violates any provision of this ordinance shall, upon conviction, be punished, as provided in Section 1.01.009 of the Code of Ordinances of Beaumont, Texas. The meeting at which this ordinance was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 6th day of December, 2022. - Mayor Robin Mouton - ORDINANCE NO. ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A VETERINARIAN CLINIC AND KENNEL IN AN RS (RESIDENTIAL SINGLE-FAMILY DWELLING) DISTRICT FOR PROPERTY LOCATED AT 2040 N. DOWLEN ROAD IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS, Danny Hurych, has applied for a specific use permit to allow a veterinarian clinic and kennel in an RS (Residential Single-Family Dwelling) District for property located 2040 N. Dowlen Road, being Lot 2, Block 2, Dowlen Commercial Plaza, Beaumont, Jefferson County, Texas, containing 2.2 acres, more or less, as shown on Exhibit "A," attached hereto; and, WHEREAS, the Planning and Zoning Commission of the City of Beaumont considered the request and is recommending approval of a specific use permit to allow veterinarian clinic and kennel in an RS (Residential Single-Family Dwelling) District for property located 2040 N. Dowlen Road, subject to the following conditions: 1. Install landscaping, screening and irrigation to meet Zoning Ordinance requirement; 2. Install eight(8)foot tall wood or masonry fences around outdoor relief areas; 3. Sidewalk along Dowlen Road must be a minimum of five (5) feet wide; 4. All lighting at the rear of the property must be directional and shielded from residential property to the east; 5. Construction plans must meet all requirements by Water Utilities for water and sanitary sewer improvements, including any requirements of the City's backflow, pre-treatment, and/or F.O.G. program; 6. Detention required to ensure that the proposed runoff of the developed site is equal to that of the pre-developed runoff rate for the 100-yr event using Atlas 14 rainfall data; and, WHEREAS, the City Council is of the opinion that the issuance of such specific use permit to allow a veterinarian clinic and kennel is in the best interest of the City of Beaumont and its citizens; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this ordinance are hereby, in all things, approved and adopted; and, Section 1. That a specific use permit allow a veterinarian clinic and kennel in an RS (Residential Single-Family Dwelling) District for property located 2040 N. Dowlen Road, being Lot 2, Block 2, Dowlen Commercial Plaza, Beaumont, Jefferson County, Texas, containing 2.2 acres, more or less, as shown on Exhibit "A," is hereby granted to Danny Hurych, his legal representatives, successors and assigns, as shown on Exhibit "B," attached hereto and made a part hereof for all purposes, subject to the following condition: 1. Install landscaping, screening and irrigation to meet Zoning Ordinance requirements. 2. Install eight(8)foot tall wood or masonry fences around outdoor relief areas. 3. Sidewalk along Dowlen Road must be a minimum of five (5) feet wide. 4. All lighting at the rear of the property must be directional and shielded from residential property to the east. 5. Construction plans must meet all requirements by Water Utilities for water and sanitary sewer improvements, including any requirements of the City's backflow, pre-treatment, and/or F.O.G. program. 6. Detention required to ensure that the proposed runoff of the developed site is equal to that of the pre-developed runoff rate for the 100-yr event using Atlas 14 rainfall data. Section 2. That the specific use permit herein granted is expressly issued for and in accordance with each particular and detail of the site plan attached hereto as Exhibit "B" and made a part hereof for all purposes. Section 3. Notwithstanding the site plan attached hereto as Exhibit"B,"the use of the property herein above described shall be in all other respects subject to all of the applicable regulations contained in Chapter 28 of the Code of Ordinances of Beaumont, Texas, as amended, as well as comply with any and all federal, state and local statutes, regulations or ordinances which may apply. The meeting at which this ordinance was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 6th day of December, 2022. - Mayor Robin Mouton - 4 December 6, 2022 Consider a request for a Specific Use Permit to allow a gaming site in a GD-MD (General Commercial-Multiple Family Dwelling) District located at 2770 College Street L BEAUMONT TEXAS TO: City Council FROM: Kenneth R. Williams,� City Manager )1J PREPARED BY: Chris Boone,Assistant City Manager, Development Services MEETING DATE: December 6, 2022 REQUESTED ACTION: Council consider a request for a Specific Use Permit to allow a gaming site in a GD-MD (General Commercial-Multiple Family Dwelling) District located at 2770 College Street. BACKGROUND Sajid Lalani has requested a Specific Use Permit to allow a game room at 2770 College Street, suite B, with fifteen (15) gaming machines. The hours of operation for the business would be Monday through Sunday, 12:00 pm to 10:00 pm. Mr. Lalani intends to employ two (2)individuals and one security guard, if needed. It should be noted that gaming facilities that have five (5) or fewer machines are considered to be accessory in nature,when part of a primary use,and as such tend to result in fewer negative impacts on surrounding land uses. However, larger game rooms with dozens of machines require careful consideration as to their location and compatibility with surrounding land uses. Some of these considerations include compatibility with other land uses, noise, and traffic as well as safety considerations. As such,'proximity to parks, schools and residential uses should be carefully considered in the review of gaming facilities. This property is immediately adjacent to residential single-family dwellings and within 1,500 feet of Baptist Hospital and Central Park. At a Joint Public Hearing held on November 21, 2022, the Planning Commission recommended 7:0 to deny the request for a Specific Use Permit to allow a gaming site in a GD-MD (General Commercial-Multiple Family Dwelling)District. FUNDING SOURCE Not applicable. RECOMMENDATION Denial of the ordinance. 1 ORDINANCE NO. ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A GAMING SITE IN A GC-MD (GENERAL COMMERCIAL-MULTIPLE FAMILY DWELLING) DISTRICT FOR PROPERTY LOCATED AT 2770 COLLGE STREET IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS, Sajid Lalani has applied for a specific use permit to allow gaming site in a GC-MD (General Commercial-Multiple Family Dwelling) District for property located at 2770 College Street, being Lots 6 & 7, Block 22, Cartwright Terrace Addition, Beaumont, Jefferson County, Texas, containing 0.34 acres, more or less, as shown on Exhibit "A," attached hereto; and, WHEREAS, the Planning and Zoning Commission of the City of Beaumont considered the request and is recommending approval of a specific use permit to allow a gaming site in a GC-MD (General Commercial-Multiple Family Dwelling) District for property located at 2770 College Street; and, WHEREAS, the City Council is of the opinion that the issuance of such specific use permit to allow a gaming site is in the best interest of the City of Beaumont and its citizens; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this ordinance are hereby, in all things, approved and adopted; and, Section 1. THAT a specific use permit to allow a gaming site in a GC-MD (General Commercial-Multiple Family Dwelling) District for property located at 2770 College Street, being Lots 6 & 7, Block 22, Cartwright Terrace Addition, Beaumont, Jefferson County, Texas, containing 0.34 acres, more or less, as shown on Exhibit "A," is hereby granted to Sajid Lalani, his legal representatives, successors and assigns, as shown on Exhibit "B," attached hereto and made a part hereof for all purposes. Section 2 That the specific use permit herein granted is expressly issued for and in accordance with each particular and detail of the site plan attached hereto as Exhibit "B" and made a part hereof for all purposes. Section 3. Notwithstanding the site plan attached hereto as Exhibit"B,"the use of the property herein above described shall be in all other respects subject to all of the applicable regulations contained in Chapter 28 of the Code of Ordinances of Beaumont, Texas, as amended, as well as comply with any and all federal, state and local statutes, regulations or ordinances which may apply. The meeting at which this ordinance was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 6th day of December, 2022. - Mayor Robin Mouton — 5 December 6, 2022 Consider a request for a Specific Use Permit to allow the expansion of an existing funeral home in a GC-MD (General Commercial-Multiple Family Dwelling) District located at 1225 S. 7t'Street BEAUMONT TEXAS TO: City Council FROM: Kenneth R. Williams, City Manager C10 PREPARED BY: Chris Boone,Assistant City Manager,Development Services MEETING DATE: December 6, 2022 REQUESTED ACTION: Council consider a request for a Specific Use Permit to allow the expansion of an existing funeral home in a GC-MD (General Commercial-Multiple Family Dwelling)District located at 1225 S. 7th Street. BACKGROUND Freddie Broussard is requesting a Specific Use Permit to allow the expansion of a funeral home at 1225 S. 7th Street. Mr. Broussard would like to build a garage for use by the funeral home. This garage will allow for the storage of up to three (3)vehicles. Access will be from the existing funeral home property. Mr. Broussard states the garage is needed to protect the vehicles from weather,theft and vandalism. Calvary Mortuary's hours of operation are Monday through Friday, 8:00 a.m.to 5:00 p.m. Hours vary on Saturday and Sunday. At a Joint Public Hearing held on November 21, 2022,the Planning Commission recommended 7:0 to approve the request for a Specific Use Permit to allow the expansion of an existing funeral home in a GC-MD (General Commercial-Multiple Family Dwelling)District. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of the ordinance. BEAUMONT Planning &Community Development Case Type:Planning and Zoning Case Status:REVIEW Case Sub Type:Specific Use Permit Tag Name:SUP to allow the expansion of a funeral Case#:PZ2022-375 home in GC-MD. Location: 1225 S 7TH ST,BEAUMONT,TX Initiated On:9/16/2022 12:10:56PM Individuals listed on the record: Applicant Freddy Broussard Home Phone: 409.838.0159 1225 South 7th Street Work Phone: Beaumont,TX 77701 Cell Phone: 409.791.1103 E-Mail: calvarymortuary@gmail.com Property Owner Freddy Broussard Home Phone: 4098380159 1225 South 7th Street Work Phone: Beaumont,TX 77701 Cell Phone: 4097911103 E-Mail: calvarymortuary@gmail.com • • Case Type:Planning and Zoning Page 1 of 2 Case#:PZ2022-375 Printed On:10/20/2022 ORDINANCE NO. ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW THE EXPANSION OF AN EXISTING FUNERAL HOME IN A GC-MD (GENERAL COMMERCIAL- MULTIPLE FAMILY DWELLING) DISTRICT FOR PROPERTY LOCATED AT 1225 S. 7TH STREET IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS, Freddie Broussard has applied for a specific use permit to allow the expansion of an existing funeral home in a GC-MD (General Commercial-Multiple Family Dwelling) District for property located at 1225 S. 7th Street, being Lot 1, BLK 6, Tract 4, C. Cartwright out of the D. Brown Survey, Beaumont, Jefferson County, Texas, containing 0.41 acres, more or less, as shown on Exhibit "A," attached hereto; and, WHEREAS, the Planning and Zoning Commission of the City of Beaumont considered the request and is recommending approval of a specific use permit to allow the expansion of an existing funeral home in a GC-MD (General Commercial-Multiple Family Dwelling) District for property located at 1225 S. 7th Street; and, WHEREAS, the City Council is of the opinion that the issuance of such specific use permit to allow the expansion of the existing funeral home is in the best interest of the City of Beaumont and its citizens; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this ordinance are hereby, in all things, approved and adopted; and, Section 1. 6 December 6,2022 Consider a request for a Specific Use Permit to allow three duplexes on three adjacent lots in an RS (Residential Single Family Dwelling) District located at 3320 Kipling Drive BEAUMONT TEXAS TO: City Council FROM: Kenneth R. Williams, City Manager C)►5 PREPARED BY: Chris Boone,Assistant City Manager, Development Services MEETING DATE: December 6, 2022 REQUESTED ACTION: Council consider a request for a Specific Use Permit to allow three(3) duplexes on three(3)adjacent lots in an RS (Residential Single Family Dwelling) District located at 3320 Kipling Drive. BACKGROUND Brenda Mendez is requesting a Specific Use Permit to allow duplexes on three (3) lots at 3320 Kipling Drive. The property is located at the dead end of Kipling Drive and is surrounded by single family homes. As these duplexes 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) call A or two (2) class B trees every twenty-five (25) linear feet along the property line. The existing house is red tagged. A work program will need to be signed by the applicant and all work completed/Certificate of Occupancy issued,prior to issue of permits for construction of the other two (2) structures. At a Joint Public Hearing held on November 21, 2022, the Planning Commission recommended 7:0 to approve the request for a Specific Use Permit to allow three(3) duplexes on three (3) adjacent lots in an RS (Residential Single Family Dwelling)District,with the following conditions: 1. Install landscaping and screening to meet Zoning Ordinance requirements. 2. Must sign a work program and obtain a Certificate of Occupancy for the existing structure before permits may be issued or construction may begin for the other two (2) structures. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of the ordinance with the following conditions: 1. Install landscaping and screening to meet Zoning Ordinance requirements. 2. Must sign a work program and obtain a Certificate of Occupancy for the existing structure before permits may be issued or construction may begin for the other two (2) structures. BEAUMONT Planning &Community Development Case Type:Planning and Zoning Case Status:REVIEW Case Sub Type:Specific Use Permit Tag Name:permit to build three sets of duplexes on Case#:PZ2022-417 3 lots Location:3320 KIPLING DR,BEAUMONT,77706 Initiated On: 10/3/2022 2:36:33PM Individuals listed on the record: Applicant Brenda Mendez Home Phone:. 5730 wynden way Work Phone: beaumont,tx 77706 Cell Phone: 4093659793 E-Mail: b.mendez1714@gmail.com Property Owner Mountain Lion lnyestments LLC Home Phone: 5730 wynden way Work Phone: beaumont,tx 77706 Cell Phone: 4093659793 E-Mail: b.mendez1714@gmail.com • • • Case Type:Planning and Zoning Page 1 of 2 Case#:PZ2022-417 Printed On:10/20/2022