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HomeMy WebLinkAbout11-21-22 PC Minutes * M I N U T E S * JOINT PUBLIC HEARINGS PLANNING COMMISSION CITY COUNCIL City Council Chambers November 21, 2022 A Joint Public Hearing of the Planning Commission and City Council was held on November 21, 2022 and called to order at 3:02 p.m. with the following members present: Commission Members present: Chairman Sina Nejad Commissioner Hamza Jabbar Commissioner Shawn Javed *arrived at 3:05 p.m. Commissioner Darius Linton Commissioner Tom Noyola Commissioner Sandy Pate Commissioner Taher Quraishi Commission Members absent: Commissioner Johnny Beatty Commissioner Lynda Kay Makin Alternate Commissioner Erika Harris Alternate Commissioner Eddie Senigaur Alternate Commissioner Rogers Sorrell Jr. Councilmembers present: Mayor Robin Mouton Mayor Pro Tem Chris Durio Councilmember A.J. Turner *left at 4:41 p.m. Councilmember Taylor Neild *arrived at 3:25 p.m. left at 4:00 p.m. Councilmember Mike Getz Councilmember Audwin Samuel Also present: Kenneth R. Williams, City Manager Chris Boone, Assistant City Manager Adina Josey, Senior Planner Demi Engman, Senior Planner Sharae Reed, City Attorney Catherine Allen, Recording Secretary APPROVAL OF MINUTES Commissioner Jabbar moved to approve the minutes of the Joint Public Hearings held on October 17, 2022. Commissioner Noyola seconded the motion. The motion to approve the minutes carried 6:0. 1 $ Planning Commission $$$ November 21, 2022 REGULAR MEETING 1) PZ2022-401: Request for approval of the Preliminary Plat of Freddie and Lourita Alfred Subdivision, Beaumont, Jefferson County, Texas. Applicant: Zack Rowe of Whiteley Oliver Engineering, L.L.C. Location: Across from 4275 Osborn Street Mrs. Engman presented the staff report. Zach Rowe of Whiteley Oliver Engineering, L.L.C., has requested Preliminary Plat approval of Freddie and Lourita Alfred. The development is located north of La Salle Street, south of Parry Street and east of 4275 Osborn Street. The 1.338 acre development is an eight (8) residential lot subdivision in an R-S (Residential Single-Family Dwelling) District. Alfred Street will have fifty (50) feet of right-of-way with forty (40) feet of pavement, including a cul-de-sac with a fifty (50) foot radius. Water and sewer will be provided by extension of City utilities. utility easements and water and sewer facilities shall be provided by MYWh\]cb!04,.1,.//!ghUhYg*!p the subdivider in accordance with the standards and specifications for minimum water and sanitary sewer requirements... q!Ch!\]g!fYWcaaYbXYX!hc!fYXiWY!h\\Y!ghcfa!gYkYf!d\]d\]b\[!Vm!UXX\]b\[!U! lateral pipe to connect inlets near the cul-de-sac and eliminate piping along lots seven (7) and eight (8). Additionally, the plans must meet all requirements by Water Utilities for water and sanitary sewer improvements. A certificate of occupancy and/or compliance for a lot shall not be MYWh\]cb!04,.1,..2!ghUhYg*!p issued until the sidewalk requirements for that lot are met. When platting, sidewalks shall be installed prior to the final building inspection. If the lot is not developed within five (5) years of the recordation of the final plat, the current property owner shall construct a sidewalk. q!J`YUgY! place a note on the plat to indicate four (4) foot sidewalks are to be installed. Slides of the subject property, and proposed plat were shown. Staff recommended approval of the request with the following conditions: 1. Shall reduce the storm sewer piping by adding a lateral pipe to connect inlets near the cul- de-sac and eliminate piping along lots seven (7) and eight (8). 2. Plans must meet all requirements by Water Utilities for water and sanitary sewer improvements. $ 3. Upon final recordation of the final plat, a note shall be on the plat to indicate installation of sidewalks. 4. Fire Hydrant shall be added along the proposed street within the subdivision. The applicant was present. Zach Rowe, representing Whiteley Oliver Engineering, L.L.C., 3250 Eastex Freeway, addressed the Commission. He stated that he understood and had no objections to the proposed conditions. 6$ $ Planning Commission $$$ November 21, 2022 Commissioner Quraishi moved to approve the request for Preliminary Plat of Freddie and Lourita Alfred Subdivision, Beaumont, Jefferson County, Texas, as requested in PZ2022-401 with the following conditions: 1. Shall reduce the storm sewer piping by adding a lateral pipe to connect inlets near the cul-de-sac and eliminate piping along lots seven (7) and eight (8). 2. Plans must meet all requirements by Water Utilities for water and sanitary sewer improvements. 3. Upon final recordation of the final plat, a note shall be on the plat to indicate installation of sidewalks. 4. Fire Hydrant shall be added along the proposed street within the subdivision. Commissioner Pate seconded the motion. The motion to approve carried 7:0. 2) PZ2022-411: Request for an abandonment a portion of the alleyway in Block G, Southerland Addition. Applicant: Kayla Koch Location: Alleyway in the 5100 block between Pennock and Southerland Streets Mrs. Engman presented the staff report.Applicant, Kayla Koch, is requesting the abandonment $$ to a portion of the alleyway within the 5100 block between Pennock and Sutherland Streets. Ms. Koch is preparing to sell the five (5) lots located at 5175 Pennock Street. Lots seven (7) through nine (9), west of 5175 Pennock Street may only be accessed by boat at this time. Approval of this request will allow the five (5) lots to have access to Pennock Street and could be developed as a unit under a common development plan. Slides of the subject property and site plan were shown. Staff recommended approval of the request with the following conditions: 1. Elevation Certificates will be required for construction on the property. 2. Centerpoint ?bYf\[m!g\\U``!fYhU\]b!U!/.r!YUgYaYbh!hc!UWWcaacXUhY!ZihifY!bYYXg!hc!\]bghU``!U! gas pipeline. 3. Future utilities shall be placed along the frontage right-of-way. 4. Any further development of these lots must have adequate frontage on an improved street maintained by the City. 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 proof that payment has been arranged prior to the item being d`UWYX!cb!=\]hm!=cibW\]`rg!U\[YbXU, The applicant was present. Kayla Koch, 1485 East Dr, addressed the Commission. She stated that she did not have any additional information and understood the conditions. 7$ $ Planning Commission $$$ November 21, 2022 Commissioner Jabarr moved to approve the request for approval of the abandonment a portion of the alleyway in Block G, Southerland Addition., as requested in PZ2022-411 with the following conditions: 1. Elevation Certificates will be required for construction on the property. 2. =YbhYfdc\]bh!?bYf\[m!g\\U``!fYhU\]b!U!/.r!YUgYaYbh!hc!UWWcaacXUhY!ZihifY!bYYXg!hc!\]bghU``!U! gas pipeline. 3. Future utilities shall be placed along the frontage right-of-way. 4. Any further development of these lots must have adequate frontage on an improved street maintained by the City. 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 proof that payment has been arranged prior to the item being d`UWYX!cb!=\]hm!=cibW\]`rg!U\[YbXU, Commissioner Noyola seconded the motion. The motion to approve carried 7:0. 3) PZ2022-416: Request for the abandonment of a portion of Sabine Pass Avenue. Applicant: City of Beaumont Location: Sabine Pass Avenue from Blanchette Street to Emmett Avenue Mrs. Engman presented the staff report.City of Beaumont, on behalf of Port of Beaumont, is $$ requesting the abandonment of Sabine Pass Avenue between Blanchette Street and Emmett Avenue. The Port of Beaumont is preparing to expand their existing Buford Rail Yard Interchange Track to increase the efficiency of operations and adjust to the growing infrastructure needs associated with moving good and services to and from the Port. Approval of this request will be paired with a property swap for the City to acquire land near Riverfront Park as part of a larger interlocal agreement between the City and the Port. Note, a natural gas pipeline does exist and runs along Sabine Pass Avenue. Slides of the subject property, site plan and surrounding area were shown. Staff recommended approval of the request with the following conditions: 1. Retain the abandoned street right-of-way as a drainage and utility easement. 2. The existing street lights would become security lights within private property upon approval of the abandonment. Security lighting is optional, and therefore, billing for continued usage shall transfer ownership to the developer or the lights shall be removed. The applicant was present. Chris Fisher, representing the Port of Beaumont, 1225 Main St, addressed the Commission. He stated that the abandonment was needed to expand the railroad tracks. He gave a history of the property and added that this request was related to an interlocal agreement with the City regarding the development of riverfront property. Brief discussion followed concerning the steps taken so far. Commissioner Quraishi moved to approve the request for approval of the abandonment of a 8$ $ Planning Commission $$$ November 21, 2022 portion of Sabine Pass Avenue, as requested in PZ2022-416 with the following conditions: 1. Retain the abandoned street right-of-way as a drainage and utility easement. 2. The existing street lights would become security lights within private property upon approval of the abandonment. Security lighting is optional, and therefore, billing for continued usage shall transfer ownership to the developer or the lights shall be removed. Commissioner Jabbar seconded the motion. The motion to approve carried 7:0. 4) PZ2022-427: Request for a Replat of Lot 54 Tract E, Lot 55, Lot 55 Tract G, Block D, Beaumont Improvement Company; Lot 8, Block 1, Lot 1, Block 2 and Tract A, Reverend Elijah Domoneck Jr., Section 2 into Tracts A, B & C, Minnie Drive Court, Beaumont, Jefferson County, Texas. Applicant: Keshia Tomplait of Fittz & Shipman, Inc. Location: 3475 Bennet Road and 3505 & 3510 Minnie Drive Mrs. Josey presented the staff report. Keshia Tomplait of Fittz & Shipman, Inc., has requested approval of a Replat of Lot 54 Tract E, Lot 55 and Lot 55 Tract G, Block D, Beaumont Improvement Company; Lot 8, Block 1, Lot 1, Block 2 and Tract A, Reverend Elijah Domoneck Jr., Section 2, Beaumont, Jefferson County, Texas. This plat will divide property among family members and provide right-of-way access to previously land locked parcels. Tract A of the Reverend Elijah Domoneck Jr. Subdivision, Section 2 was platted as a drainage easement that extends south along a line running from the Minnie Drive cul-de-sac. For this replat, the entire tract must be reserved as an exclusive drainage easement. All other utilities are present and accessible. Slides of the subject property and proposed plat were shown. Staff recommended approval of the request with the following condition: 1. Provide exclusive drainage easement for a line running south from an inlet located at Minnie Drive cul-de-sac. Twenty-seven (27) notices were mailed to property owners within two hundred (200) feet of the subject property. Zero responses were received in favor and one was received in opposition. Mrs. Josey read the letter in opposition. The applicant was present. Gerald Domoneck, 4935 Chinquapin Ln, addressed the Commission. He stated that his plan is to construct a single-family home on each lot and he explained the reconfiguration of the lots. He added that he understood the proposed condition. The public hearing on this item was opened and closed without comment. Commissioner Quraishi moved to approve the request for Replat of Lot 54 Tract E, Lot 55, Lot 55 Tract G, Block D, Beaumont Improvement Company; Lot 8, Block 1, Lot 1, Block 2 and Tract A, Reverend Elijah Domoneck Jr., Section 2 into Tracts A, B & C, Minnie Drive Court, 9$ $ Planning Commission $$$ November 21, 2022 Beaumont, Jefferson County, Texas, as requested in file PZ2022-427 with the following condition: 1. Provide exclusive drainage easement for a line running south from an inlet located at Minnie Drive cul-de-sac. Commissioner Pate seconded the motion. The motion to approve the request carried 7:0. JOINT PUBLIC HEARINGS Mayor Mouton called the Joint Public Hearings of November 21, 2022 to order at 3:23 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. 5) PZ2022-375: Request for a Specific Use Permit to allow the expansion of an existing funeral home in the GC-MD (General Commercial Multiple-Family Dwelling) District. o Applicant: Freddie Broussard th Location: 1225 S. 7 Street Mrs. Josey presented the staff report. Freddie Broussard is requesting a Specific Use Permit to th allow the expansion of a funeral home at 1225 S. 7 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 prote Wh!h\\Y!jY\\\]W`Yg!Zfca!kYUh\\Yf*!h\\YZh!UbX!jUbXU`\]ga,!=U`jUfm!GcfhiUfmrg! hours of operation are Monday through Friday, 8a.m. to 5p.m. Hours vary on Saturday and Sunday. Slides of the subject property, site plan and surrounding area were shown. Six (6) 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. Brief discussion followed concerning drainage. th The applicant was present. Freddie Broussard, 1225 S 7 St, addressed the Commission. He stated that he is trying to enlarge the garage and parking to protect the vehicles of the business. The public hearing was opened and closed without further comment. Commissioner Jabbar moved to approve the request for a Specific Use Permit to allow the expansion of an existing funeral home in the GC-MD (General Commercial Multiple-Family o Dwelling) District, as requested in file PZ2022-375. Commissioner Noyola seconded the motion. The motion to approve the request carried 7:0. 6) PZ2022-377: Request for a Rezoning from RS (Residential Single-Family Dwelling) to GC- MD-2 (General Commercial Multiple-Family Dwelling 2) with a Specific Use oo Permit to allow a parking lot expansion. :$ $ Planning Commission $$$ November 21, 2022 Applicant: William and Jackie Calmers Location: 2045 W. Highland Drive Mrs. Josey stated that this request had been withdrawn by the applicant. 7) PZ2022-408: Request for a Specific Use Permit to allow a funeral home in the GC-MD (General Commercial Multiple-Family Dwelling) District. o Applicant: Dr. Michael Augustus th Location: 2455 S. 4 Street Mrs. Engman presented the staff report. The applicant, Dr. Michael Augustus, requests a th Specific Use Permit to allow a funeral home to be located at 2455 S. 4 Street. Dr. Augustus is the owner and is licensed by the state of Texas as a funeral director and embalmer. Although, this site will not have a crematory, they will outsource cremation services. He plans to employ one receptionist and four (4) funeral attendants. Per the Comprehensive Plan of Beaumont, this property is considered to be located within a =cbgYfjUh\]cb!UbX!LYj\]hU`\]nUh\]cb!UfYU,!!:WWcfX\]b\[!hc!h\\Y!d`Ub*!h\\YgY!UfY!pVi\]`h!id!UfYUg!k\\YfY!U! significant portion of the area is experiencing influences such as incompatible land uses, dilapidated structures, a deteriorating or poor public infrastructure, and a decline in population and in the number of housing units and businesses. Immediate actions are needed to prevent continu YX!XYhYf\]cfUh\]cb!UbX!hc!fYjYfgY!UbX!fYdU\]f!h\\cgY!WcbX\]h\]cbg,q!!N\\Y!dfcdcgYX!igY!UddYUfg!hc! align with the Comprehensive Plan of Beaumont as attracting business is vital to this area. Additionally, the location of the property is situated along a major arterial and collector street, which will support traffic produced by this type of use. 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. Discussion followed concerning other funeral homes in the area. $ Staff recommended approval of the request with the following conditions: 1. Construction plans must meet all requirements by Water Utilities for water and sanitary -treatment and/or gYkYf!gYfj\]WYg*!\]bW`iX\]b\[!Ubm!fYei\]fYaYbhg!cZ!h\\Y!=\]hmrg!VUW_Z`ck*!dfY F.O.G. program. th 2. Shall install perimeter landscape to screen parking along Corley Avenue and S. 4 Street and the residential properties to the east, such shall be in compliance with Section 28.04.006(f) of the Landscaping and screening requirements. The applicant was present. Dr. Michael Augustus, 2902 Main St, La Marque, Texas, addressed the Commission. He stated that he is a physician as well as a funeral director and that he did not have any further information to provide. <$ $ Planning Commission $$$ November 21, 2022 The public hearing was opened. Judge Paul Brown, 4370 Cartwright St, addressed the Commission. He stated that he owns the property next door and that he was surprised to be notified of the request when there are already three (3) funeral homes in the area. He spoke in opposition to the request due to concerns about parking and the size of the property. The public hearing was closed without further comment. The applicant was given an opportunity to speak in rebuttal. He stated that there is plenty of parking and referred to the parking layout. He added that if a funeral is anticipated to bring a large crowd, they would use another facility, such as a church, for the service. Commissioner Noyola asked Dr. Augustus how long he had been in the business and about any complaints that he has received. Dr. Augustus replied that he had been in business for forty- three (43) years and that he had not had any complaints. =caa\]gg\]cbYf!F\]bhcb!Ug_YX!k\\YfY!>f,!:i\[ighigrg!ch\\Yf!Vig\]bYggYg!kYfY!`cWUhYX,!!>f,!:i\[ighig! stated that they are in La Marque and Texas City, Texas. Chairman Nejad asked the applicant if he had accessed the market and understood that there were other funeral homes in the area and Dr. Augustus confirmed this to be the case. Discussion followed concerning the parking. Chairman Nejad called for a motion and no motion was made. The Commission heard the next case, but upon advice from Ms. Reed, they returned this item for a motion afterwards. Commissioner Jabbar moved to table the request to allow a funeral home in the GC-MD (General Commercial Multiple-Family Dwelling) District, as requested in file PZ2022-408 o until the applicant providesan overflow parking plan, which satisfies the Engineering " Department, prior to returning before the Planning Commission. Commissioner Linton seconded the motion. The motion to table the request carried 6:1 (Javed). 8) PZ2022-417: Request for a Specific Use Permit to allow three (3) duplexes on three (3) adjacent lots in an RS (Residential Single-Family Dwelling) District. Applicant: Brenda Mendez Location: 3320 Kipling Drive Mrs. Josey presented the staff report. 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 =$ $ Planning Commission $$$ November 21, 2022 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. Slides of the subject property, site plan and surrounding area were shown. Thirty (30) notices were mailed to property owners within two hundred (200) feet of the subject property. Zero responses were received in favor and two (2) were received in opposition. Mrs. Josey read the letters in opposition. Staff recommended approval of the request 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. The applicant was present. Brenda Mendez, 5730 Wyndon Way, addressed the Commission. She stated that she had no additional information to add and that she understood the proposed conditions. Discussion followed WcbWYfb\]b\[!h\\Y!pfYX!hU\[\[YXq!XYac`\]h\]cb!`\]gh!dfcWYgg!Zcf!h\\Y!giV^YWh!dfcdYfhm! home. The public hearing was opened and closed without further comment. Commissioner Quraishi moved to approve the request for Specific Use Permit to allow three (3) duplexes on three (3) adjacent lots in an RS (Residential Single-Family Dwelling) District, as requested in file PZ2022-417 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. Commissioner Noyola seconded the motion. The motion to approve the request carried 7:0. 9) PZ2022-418: Request for a Specific Use Permit to allow a gaming site in the GC-MD (General Commercial Multiple-Family Dwelling) District. o Applicant: Sajid Lalani Location: 2770 College Street, Suite B Mrs. Josey presented the staff report. 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 >$ $ Planning Commission $$$ November 21, 2022 operation for the business would be Monday through Sunday, 12pm to 10pm. 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. Please note that final occupancy approval is subject to review and acceptance of submitted plans and field inspections to verify compliance with applicable codes. 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. One response (from the applicant) was received in favor and zero were received in opposition. Staff recommended denial of the request. The applicant was present. Sajid Lalani, 2319 Avenue N, Nederland, TX, addressed the Commission with the assistance of an interpreter. He stated that he is renting the location, does not currently have any other gaming businesses, but owns a liquor store and wishes to expand his business. Mayor Mouton asked why he did not want to put a game room in Nederland and the applicant replied that the subject property will be a good location for the game room. The public hearing was opened. Tyler Wharton, 2467 Calder Ave, addressed the Commission. He stated that he is the property ckbYf!UbX!\\Y!gdc_Y!\]b!giddcfh!cZ!h\\Y!fYeiYgh,!!BY!UXXYX!h\\Uh!h\\Y!Udd`\]WUbhrg!`\]eicf!ghcfY!\]g!W`YUb! and well run. He stated that he has had other potential tenants who wanted to open a game room at this location and that Mr. Lalani was the only one that he has considered due to his professional business methods. Commissioner Noyola asked Mr. Wharton about crime rates associated with game rooms and Mr. Wharton replied that he does take crime seriously and has liability clauses in his lease and that crime will not be tolerated. The public hearing on this item was closed without further comment. Commissioner Noyola moved to deny the request for Specific Use Permit to allow a gaming site in the GC-MD (General Commercial Multiple-Family Dwelling) District, as requested in file o 54$ $ Planning Commission $$$ November 21, 2022 PZ2022-418. Commissioner Linton seconded the motion. The motion to deny the request carried 7:0. 10) PZ2022-422: Request for a Rezoning from RCR-H (Residential Conservation Revitalization Historic) to RCR (Residential Conservation Revitalization) with a Specific Use o Permit to allow a yoga studio. Applicant: Julian Davila Location: 1890 Broadway Street Mrs. Engman presented the staff report. The applicant, Julian Davila requests a Rezoning from RCR-H (Residential Conservation Revitalization Historic District) to RCR (Residential Conservation Revitalization) District and Specific Use Permit to allow a yoga studio at 1890 Broadway Street. Ms. Davila is the current owner of Love Yoga, which is an existing business on Calder Avenue. She is seeking a larger space within the same area to better serve the community and her existing clientele. The hours of operation will be from 8:30a.m. to 7:00p.m., the property has continuous sidewalks, which provides connectivity to all patrons, and twenty (20) existing paved parking spots. There is a new privacy fence along the east property line to provide a buffer to the adjacent apartment complex. JYf!cif!=\]hmrg!=cadfY\\Ybg\]jY!J`Ub*!h\\Y!dfcdYfhm!\]g!Wcbg\]XYfYX!hc!VY!`cWUhYX!\]b!U!=cbgYfjUh\]cb! and Revitalization area. Conservation and Revitalization areas are known to have incompatible land uses, dilapidated structures, and decline in population and needs immediate action to prevent continued deterioration. Love Yoga is a thriving business and for it to be relocated to 1890 Broadway may bolster this area to attract future investments. The land use of a yoga studio appears to fit within the Comprehensive Plan of Beaumont. Slides of the subject property, site plan and surrounding area 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 zero were received in opposition. Mrs. Engman read the letters in favor. Staff recommended approval of the request. The applicant was present. Juliana Davila, 2481 Calder Ave, addressed the Commission. She stated that she is the current owner of Love Yoga studio which has been in business for eleven (11) years and that she has owned it for four (4) years. She stated that this new location will allow for more space and paved parking for her clients. The public hearing on this item was opened. Tyler Wharton, 2467 Calder Ave, addressed the Commission. He stated that he is the property owner and spoke in support of the request. The public hearing was closed without further comment. 55$ $ Planning Commission $$$ November 21, 2022 Commissioner Jabbar moved to approve the request for a rezoning from RCR-H (Residential Conservation Revitalization Historic) to RCR (Residential Conservation Revitalization) with o a Specific Use Permit to allow a yoga studio, as requested in file PZ2022-422. Commissioner Pate seconded the motion. The motion to approve the request carried 7:0. 11) PZ2022-432: Request for a Specific Use Permit to allow a loan business in an RCR (Residential Conservation Revitalization) District. Applicant: Francis Lee Location: 2880 Concord Road Mrs. Josey presented the staff report. Francis Lee is requesting a Specific Use Permit to allow a loan business at 2880 Concord Road. Tower Loan originates and collects installment loans between $4,000 and $25,000. Business hours are Monday through Friday, 8:30a.m. to 5:30p.m. $ As this property is adjacent to an RS (Residential Single-Family Dwelling) District to the north, an eight (8) foot tall wood or masonry screening fence will be required for the width of the property. Lighting will need to be directional and screened from the adjacent residential district. In addition, the parking layout shown on the site plan is unacceptable. A revised parking layout will need to be submitted per city standards. Slides of the subject property, site plan and surrounding area were shown. Thirty-five (35) notices were mailed to property owners within two hundred (200) feet of the subject property. Zero responses were received in favor or in opposition. Mrs. Josey reported that a sign was discovered in the right-of-way at the subject property so she was proposed an additional condition to the ones originally presented to the Commission. Staff recommended approval of the request with the following conditions: 1. Install an eight (8) foot tall wood or masonry fence along the north property line. 2. Lighting must be directional and shielded from the adjacent residential district. 3. Revise parking layout per city standards. $ 4. Sign would need to brought into compliance. Commissioner Pate asked if the business was currently operating and Mrs. Josey stated that it was not. The applicant was present. David Morgan, representing Tower Loan, 37 F Thomas Rd Deville, Louisiana, addressed the Commission. He stated that the business is not yet operating and that he found out about the zoning and sign issues during the permitting process. He added that he has no objections to the proposed conditions. 56$ $ Planning Commission $$$ November 21, 2022 Discussion followed concerning the parking and staffing of the business. The public hearing on this item was opened and closed without further comment. Commissioner Quraishi moved to approve the request for a Specific Use Permit to allow a loan business in an RCR (Residential Conservation Revitalization) District, as requested in file PZ2022-432 with the following conditions: 1. Install an eight (8) foot tall wood or masonry fence along the north property line. 2. Lighting must be directional and shielded from the adjacent residential district. 3. Revise parking layout per city standards. 4. Sign would need to brought into compliance. Commissioner Linton seconded the motion. The motion to approve the request carried 7:0. 12) PZ2022-434: Request for a Specific Use Permit to allow two (2) dwellings on one property in an RS (Residential Single-Family Dwelling) District. Applicant: Tory Wingate Location: 8325 Morgan Lane Mrs. Josey presented the staff report. Tory Wingate has requested a Specific Use Permit to allow two dwellings on the property located at 8325 Morgan Lane. In 2013 a permit was pulled to allow an accessory garage addition for the property. When inspectors arrived at the property, it was discovered that much more than a garage had been added. An entire house had been constructed without permits. As the property is located in RS (Residential Single-Family Dwelling) zoning, only one dwelling is permitted by right on each lot that meets City standards. A stop work order was issued. No power was released to the structure and no certificate of completion was issued. In 2018 it was discovered that additions were being constructed, again with no permits. A second stop work order was issued. This property is in an RS district and as such will only be permitted one meter for each utility. All utilities for the second structure must extend from the existing house. $ Slides of the subject property, site plan, historical pictures and surrounding area were shown. Nine (9) notices were mailed to property owners within two hundred (200) feet of the subject property. Three (3) responses were received in favor and zero were received in opposition. Chairman Nejad asked if the request is approved, if the second structure would be rented. Mrs. Josey stated that a condition could be added to prevent rental of the second dwelling. Staff recommended approval of the request with the following conditions: 1. All utilities for the second structure must extend from the existing house. 2. All structure must meet all building and fire codes and receive a Certificate of Occupancy. 57$ $ Planning Commission $$$ November 21, 2022 The applicant was present. Tory Wingate, 577 Prince St, addressed the Commission. He stated that he is the contractor for the owner and he is trying to get everything up to code. He added that he was not involved in the previous work to the property. Discussion followed concerning the history of the construction of the dwellings on the property and their condition. Further discussion followed concerning the penalty process for work without permits and Ms. Reed confirmed that the penalties fall on the home owner unless the same contractor is being used. The public hearing on this item was opened and closed without further comment. Commissioner Quraishi moved to approve the request for a Specific Use Permit to allow two (2) dwellings on one property in an RS (Residential Single-Family Dwelling) District, as requested in file PZ2022-434 with the following conditions: 1. All utilities for the second structure must extend from the existing house without a separate meter. 2. All structure must meet all building and fire codes and receive a Certificate of Occupancy. 3. The second dwelling shall not be used as a separate rental unit. Commissioner Jabbar seconded the motion. The motion to approve the request carried 7:0. 13) PZ2022-435: Request for a Specific Use Permit to allow the parking of vehicles with a rated carrying capacity in excess of two (2) tons on undeveloped property in a GC-MD (General Commercial Multiple-Family Dwelling) District. o Applicant: Hani Tohme Location: 5457 Fannett Road Mrs. Josey presented the staff report. Hani Tohme on behalf of Taz Services, L.L.C., has requested a Specific Use Permit to allow commercial truck parking at 5457 Fannett Road. Plans are to lay gravel and construct an 8,000 square foot structure for oil changes and general maintenance of the trucks. As this property is located adjacent 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 right-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. Gravel must remain at least two (2) feet from side property lines. 58$ $ Planning Commission $$$ November 21, 2022 All lighting provided must be directional and shielded to protect the residential properties located to the east, and a five (5) foot wide sidewalk will be required along Fannett Road for the width of the property. Ditch 108-A1 begins at the rear of this property and flows southwest before connecting to Ditch 108 and outfalling at Hillebrandt Bayou. This ditch needs to be considered so as not to negatively impact the drainage. Due to this area being prone to flooding, detention will be required to ensure that the runoff rate of the developed site is equal to that of the existing site runoff for the 100-yr event using Atlas 14 rainfall data. $ Slides of the subject property, site plan and surrounding area were shown. Twelve (12) notices were mailed to property owners within two hundred (200) feet of the subject property. No responses were received in favor or in opposition. Staff recommended approval of the request with the following conditions: 1. Install landscaping, screening and irrigation to meet Zoning Ordinance requirements. 2. Gravel must remain two (2) feet from side property lines. 3. Install a five (5) foot wide sidewalk for the width of the property along Fannett Road. 4. All lighting to be directional and shielded from properties to the east. 5. Provide on-site detention. 6. Construction plans must meet all requirements by Water Utilities for water and sanitary sewer improvements, including any requirements -treatment cZ!h\\Y!=\]hmrg!VUW_Z`ck*!dfY and/or F.O.G. program. Commissioner Quraishi asked if the driveway would be wide enough for the trucks and Mrs. Josey stated that the City Engineering department had signed off on the plans. Commissioner Pate asked if the clearing of the land and the fence were done with a permit and Mrs. Josey stated that no permit was granted. The applicant was present. Hani Tohme, 85 I-10 Frontage Road, addressed the Commission. He stated that the owner had hired a contractor and they were under the impression that a permit was pulled. He stated that he understands the proposed conditions. Discussion followed concerning parking, increased demand for places to park vehicles and the landscape buffer by the residential area. Taslim Juman, 5020 Fannett Rd, addressed the Commission. He stated that he hired people to install the fence and complete the demolition and that to his knowledge they had permits for the 59$ $ Planning Commission $$$ November 21, 2022 demolition and did not need a permit for the fence due to its height. Mrs. Josey stated that a six (6) foot fence does not require a permit. The public hearing on this item was opened and closed without further comment. Commissioner Quraishi moved to approve the request for a Specific Use Permit to allow the parking of vehicles with a rated carrying capacity in excess of two (2) tons on undeveloped property in a GC-MD (General Commercial Multiple-Family Dwelling) District, as requested o in file PZ2022-435 with the following conditions: 1. Install landscaping, screening and irrigation to meet Zoning Ordinance requirements. 2. Gravel must remain two (2) feet from side property lines. 3. Install a five (5) foot wide sidewalk for the width of the property along Fannett Road. 4. All lighting to be directional and shielded from properties to the east. 5. Provide on-site detention. 6. Construction plans must meet all requirements by Water Utilities for water and sanitary -treatment gYkYf!\]adfcjYaYbhg*!\]bW`iX\]b\[!Ubm!fYei\]fYaYbhg!cZ!h\\Y!=\]hmrg!VUW_Z`ck*!dfY and/or F.O.G. program. 7. Add ADA compliant parking. Commissioner Javed seconded the motion. The motion to approve the request carried 7:0. 14) PZ2022-436: Request for a Rezoning from RS (Residential Single-Family Dwelling) to GC- MD - 2 (General Commercial Multiple-Family Dwelling - 2) or a more restrictive District. o Applicant: Frankfour Investments, L.L.C. Location: 1260 Cherokee Lane Mrs. Josey informed the Commission that this item had been withdrawn by the applicant. 15) PZ2022-440: Request for a Rezoning from RM-H (Residential Multiple-Family Dwelling o Highest Density) to GC-MD-2 (General Commercial Multiple-Family Dwelling 2) oo District with a Specific Use Permit to allow a veterinarian clinic and kennel. Applicant: Danny Hurych Location: 2040 N. Dowlen Road Mrs. Josey presented the staff report. Danny Hurych would like to rezone the property at 2040 N. Dowlen Road from RM-H (Residential Multiple-Family Dwelling Highest Density) to GC- o MD-2 (General Commercial Multiple-Family Dwelling 2) District with a Specific Use oo 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 5:$ $ Planning Commission $$$ November 21, 2022 city right-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 eight (8) foot tall wood or masonry fence, and the sidewalk required along Dowlen Road must be a minimum of five (5) feet wide. $ Slides of the subject property, site plan and surrounding area were shown. Fifteen (15) notices were mailed to property owners within two hundred (200) feet of the subject property. No responses were received in favor or in opposition. Staff recommended approval of the request with the following conditions: 1. Install landscaping and screening 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 -treatment gYkYf!\]adfcjYaYbhg*!\]bW`iX\]b\[!Ubm!fYei\]fYaYbhg!cZ!h\\Y!=\]hmrg!VUW_Z`ck*!dfY 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. The applicant was present. Dr. Danny Hurych, 3394 N China Rd, addressed the Commission. He stated that he is the current owner of the Dowlen Road Veterinary Center and that they are looking to expand at this new location. Sal Longo, representing Longo Architecture Studio, 1001 W Pinehook Rd, Lafayette, Louisiana, addressed the Commission. He asked about the landscaping buffer and Mrs. Josey confirmed the specifics. The public hearing on this item was opened and closed without further comment. Commissioner Noyola moved to approve the request for a Rezoning from RM-H (Residential Multiple-Family Dwelling Highest Density) to GC-MD-2 (General Commercial Multiple- oo 5<$ $ Planning Commission $$$ November 21, 2022 Family Dwelling 2) District with a Specific Use Permit to allow a veterinarian clinic and o kennel, as requested in file PZ2022-440 with the following conditions: 1. Install landscaping and screening 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 -treatment gYkYf!\]adfcjYaYbhg*!\]bW`iX\]b\[!Ubm!fYei\]fYaYbhg!cZ!h\\Y!=\]hmrg!VUW_Z`ck*!dfY 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. Commissioner Pate seconded the motion. The motion to approve the request carried 7:0. 16) PZ2022-441: Request for a Specific Use Permit to allow a duplex in an RS (Residential Single-Family Dwelling) District. Applicant: Gerardo Sifuentes Location: 867 Ewing Street Mrs. Josey presented the staff report. Gerardo Sifuentes is requesting a Specific Use Permit to allow a duplex at 867 Ewing Street. As this duplex will be located in an RS (Residential Single-Family Dwelling) District, an eight (8) foot tall wood or masonry screening fence along with a ten (10) foot wide landscaped buffer must be installed and maintained along the west and south property lines. The buffer will require one (1) class A or two (2) class B trees every twenty-five (25) linear feet along the property line. In addition, the existing sidewalk. $ Slides of the subject property, site plan and surrounding area were shown. Twenty-nine (29) notices were mailed to property owners within two hundred (200) feet of the subject property. No responses were received in favor or in opposition. Staff recommended approval of the request with the following conditions: 1. Install landscaping and screening to meet Zoning Ordinance requirements. 2. Construction plans must meet all requirements by Water Utilities for water and sanitary sewer improvements, -treatment \]bW`iX\]b\[!Ubm!fYei\]fYaYbhg!cZ!h\\Y!=\]hmrg!VUW_Z`ck*!dfY and/or F.O.G. program. The applicant was present. Gerald Sifuentes, 9331 Adagio Lane, Houston, Texas, addressed the Commission. He stated that he was born and raised in the community and wants to help reconstruct the neighborhood and build a duplex. 5=$ $ Planning Commission $$$ November 21, 2022 Justin Lance Monroe, 16770 Imperial Valley Drive, Houston, Texas, addressed the Commission. He stated that he is the project manager and that he understood the proposed conditions. The public hearing on this item was opened and closed without further comment. Commissioner Quiraishi moved to approve the request for a Specific Use Permit to allow a duplex in an RS (Residential Single-Family Dwelling) District, as requested in file PZ2022-441 with the following conditions: 1. Install landscaping and screening to meet Zoning Ordinance requirements. 2. Construction plans must meet all requirements by Water Utilities for water and sanitary ckflow, pre-treatment gYkYf!\]adfcjYaYbhg*!\]bW`iX\]b\[!Ubm!fYei\]fYaYbhg!cZ!h\\Y!=\]hmrg!VU and/or F.O.G. program. Commissioner Javed seconded the motion. The motion to approve the request carried 7:0. 17) PZ2022-442: Request for a ghfYYh!XYX\]WUh\]cb!\]b!\\cbcf!cZ!Q\]``\]Ua!p<cmq!<fckb,! Applicant: Velina Hayes Johnson Location: 3800-4400 block of Bob Street Mrs. Engman presented the staff report. The applicant, Velina Hayes Johnson on behalf of Billie LYbYY!<fckb*!fYeiYghg!hc!\\UjY!h\\Y!Ybh\]fYhm!cZ!<cV!MhfYYh!XYX\]WUhYX!hc!Q\]``\]Ua!p<cmq!<fckb,! ocal disc jockey featured on K-JET radio. The request N\\\]g!k\]``!gYfjY!hc!\\cbcf!<YUiacbhrg!` th follows a Proclamation approved by City Council in 2020 to dedicate December 8 Ug!p<cm! <fckb!>Umq,!N\\\]g!mYUf*!Zf\]YbXg*!ZUa\]`m!UbX!giddcfhYfg!cZ!p<cmq!<fckb!k\]``!\[Uh\\Yf!Zcf!U! celebration as he was a nationally-acclaimed disc jockey, air personality, and announcer who assumed the , Texas. The beginning of his career dates \\cigY\\c`X!bUaY!p<ISq!\]b!<YUiacbh back to the historic Beaumont K-JET radio station, where he disc jockeyed for seventeen (17) years beginning He became the Program and Music Director of K-JET and \]b!h\\Y!YUf`m!/73.rg, owned radio station on 1380 on the a.m. dial. \\cghYX!<YUiacbhrg!Z\]fgh!:Zf\]WUb!:aYf\]WUb! Staff recommends instead of completely changing the street name, this street be designated as an p\\cbcfUfm*q!bUa\]b\[!cZ!p<cm!<fckb,q!!MiW\\!g\]\[bU\[Y!k\]``!VY!\]b!U!g\]a\]`Uf!ZUg\\\]cb!hc!h\\Y!Yl\]gh\]b\[! Oaks Historic District signs. $ Slides of the subject property and examples of honorary street signs were shown. Twenty-three (23) notices were mailed to property owners within two hundred (200) feet of the subject property. One response was received in favor and three (3) were received in opposition. Mrs. Engman read the letters in opposition which opposed having to change their addresses. Mrs. Engman confirmed that this name change will be honorary and will not require residents to change their addresses. Staff recommended approval of the request. The applicant was not present. 5>$ $ Planning Commission $$$ November 21, 2022 The public hearing on this item was opened and closed without comment. Commissioner Quiraishi moved to approve the request for a street dedication in honor of , as requested in file PZ2022-442. Commissioner Noyola seconded the Q\]``\]Ua!p<cmq!<fckb motion. The motion to approve the request carried 7:0. OTHER BUSINESS Mayor Mouton wished everyone a Happy Thanksgiving. THERE BEING NO OTHER BUSINESS, THE MEETING ADJOURNED AT 4:59 P.M. 64$ $