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Home My WebLink AboutPZ2023-89DATE: March 2O.ZO23 TO: Planning Commission and City Council FROM: Demi Engman, Planning Manager SUBJECT' Consider a request for an Amended Specific Use Permit to allow restaurants, professional offices and retail stores in a GC-MD-2 (General Commercial — Mu|dp|e-FarnHy-2)District. FILE: PZ2023-89 STAFF REPORT Dr. Phuc Nhat Le is requesting an Amended Specific Use Permit to allow restaurants, professional offices and retail stores 1nanew retail shopping center located at4515N.Major Drive. The GC-MD-2 zoning district requires a Specific Use Permit for all new proposed land uses. In December of 2019, a request for retail and storage was approved., In September of 2020, Dr. Le requested a development consisting of 17 condominiums and approximately 28,080 square feet of retail space. In April of2O2l, the proposal was revised to include 36 Condominium units and approximately 10,700 square feet of retail space. In July 2021, the retail space was eliminated and seventy (70) condominium units were proposed. Now, Or. Lee would like to eliminate the residential development and move forward with an O,G75sqftretail shopping center. The location ofdriveways lssubject toapproval ofTXDOT. Any substantial changes tothe site plan resulting from driveway approval may necessitate additional review of the plan via the Specific Use Permit process. Staff recommends approval of the request with the following condition: 1. Construction plans shall comply with all applicable Building Codes and Fire Z. Construction p|ansnnustrneetaUrequ|rernentshm\NaterUt|hjesfor vvaterand sanbary sewer services including any requirements ofthe Citv'sback-fow,pre-treatment and/or FOG program. 3. A net -zero increase in the runoff will be required to ensure the runoff from the proposed conditions match the existing conditions for the 100-year storm event using Please note that final occupancy approval is subject to review and acceptance of submitted plans and field inspections toverify compliance with applicable codes. Exhibits are attached. PUBLIC NOTIFICATION Notices mailed to property owners 9 Responses in. Favor Responses in Opposition LEGAL DESCRIPTION FOR ORDINANCE PURPOSES BEING a 4.981 acre tract of land lying in the DAN|ELEASELYSURVEY, ABSTRACT NUMBER 20 in Jefferson County, Texas, being all of that certain 2.518 acres as described in an instrument to Leroy Minton and wife,, Mary Jane Minton, of record in Volume 1698 on Page 484 of the Deed Records of Jefferson County, Texas and all of that certain 2.523 acres (SECOND TRACT) as described in an instrument to Leroy Minton and wife, Mary Jane Minton, of record in Volume ISll on Page 41Oofsaid Deed Records, said 4.981 acres being more particularly described as BEGINNING at l/Z" rod found in the West d line ofMajor Drive (AKA FM Highway 364),, marking the Southeast corner of that certain 2.818 acres as described in an instrument to VergU Ray Rutledge of record in County Clerk's File Number 9404745 of the Official Public Records of Jefferson County, Texas, the Northeast corner of said 2.523 acres and the Northeast corner ofthe herein described tract.; THENCE S 03008'24" E with the West right-of-way line of �or Drive, the East line of said 2.523 acres and an East line of the herein described tract a distance ofl57.Gl' to a 1/2" nod found for the Southeast corner of said 2.523 acres,the Northeast corner ofsaid Z.5l8acres and anangle point lnthe East line ofthe herein described tract; THENCE S 03003'15" E with the West r line of Major Drive, an East line of said 2.518 acres and an East line of the herein described tract a distance of 12lI' to a capped rod ("ACCESS SURVEYORS") set marking an exterior "ell"' corner ofsaid 2.518 acres and an exterior " ell" corner ofthe herein described tract; THENCE 8605558° VVwith an East-West line of said Z51Qacres and an East-West line ofthe herein described tract a distance of 140.00y to a capped rod ("ACCESS SURVEYORS") set rmark\ng an interior "ell" corner for said 2.518 acres and an interior "ell" corner for the herein described tract; THENCE S 02057'42"-' E with an East line of said 2.518 acres and an East line of the herein described tract a distance of 144.40y to a point in the concrete footing of fence post found in the North line of that certain 7.368 acres as described in an instrument to Breakwater Bay, LTD of record in County Clerk's File Number 2003014455 of said Official Public Records., marking the Southeast corner of said 2.518 acres and the Southeast corner of the herein described tract; THENCE S 87004'37° VV with the North line of said 7.368 acres and the South line of the herein described tract a distance of7O2.65'to a capped rod ('T&S"') found for and interior "'ell" corner of said 7.368 acres, the Southwest corner of said 2.518 acres and the Southwest corner of the herein described tract; THENCE N 02037'43" VVwith the West line of said 2.518 acres and the West line of the herein line ofthe UNVACanalmarking the Northwest corner ofsaid 7.368acres, anangle point inthe West line of said 2.518 acres and the West line of the herein described tract; THENCE N3g~5[YI4"Ewith the Southeast d line ofthe LNVACanal, the West line of said 2'518 acres, the West line of said 2.523 acres and the West line of the herein described tract a distance of322.O8' to a capped rod ("ACCESS SURVEYORS") set marking the Southwest corner of said 2.810 acres, the Northwest corner of said 2.523 acres and the Northwest corner ofthe herein described tract; THENCE N 8604Ey31° E with the South line of said 2.810 acres, the North line of said 2.523 acres and the North line of the herein described tract a distance of 622.88' to the POINT AND PLACE OFBEG|NN|NG^containing inarea 4.98lacres ofland, more orless. A plat of even date accompanies this field note description (File 15241). CONDITIONS FOR APPROVAL OFSPECIFIC USE PERMIT (SECTION 28-26.E� ZONING ORDINANCE) Application Application is in is not in compliance U l.That the specific use will becompatible with and not injurious totheuseandenjoyment of other property, orsignificantly diminish or impair property values within the immediate vicinity; x 2.That the establishment ofthe specific use will not impede the normal and orderly development and improvement ofsurrounding vacant property; x 3.That adequate utilities, access roads, drainage and other necessary supporting facilities have been orwill beprovided; X 4.The design, location and arrangement ofall driveways and parking spaces provides for the safe and convenient movement ofvehicular and pedestrian traffic without adversely affecting, the general public oradjacent developments; X 5.That adequate nuisance prevention measures have been orwill betaken toprevent orcontrol offensive odor, fumes, dust', noise and vibration; x G. That directional lighting will be provided so as not todisturb oradversely affect neighboring properties; X 7.That there are sufficient landscaping and screening toinsure harmony and compatibility with adjacent property; and, x 8.That the proposed use is in accordance with the Comprehensive Plan. X Discussion in Staff Report GENERAL INFORMATION/PUBLIC UTILITIES APPLICANT: PROPERTY OWNER.: EXISTING ZONING: PROPERTY -SIZE - EXISTING FLOOD HAZARD ZONE* SURROUNDING NORTH: Vacant EAST. Residential SOUTH: Commercial WEST: Residential COMPREHENSIVE PLAN- PhucNhatLe PhucNhatLe 4515 N. Major Drive A,RiApr|cu|tura| Residential) and RK4-H (Residential Multiple Family Dwelling Highest Density) ~8.26acres more orless Vacant X—Area determined tobeoutside the SOO yearfloodp|ain. GC -MD (General Commercial Multiple -Family Dwelling) GC -MD RM-H (Residential Multiple Family Dwelling Highest Density) &A,R(Agricultural —Residential) GC-MD-2&RM-U Neighborhood Growth Unit N. Major Drive — Major arteria|vvithal65'riaht-of vvayand8O'pavennentvmdth. Open ditch 6°water line Q"sanitary sewer line PROPERTY TY OWNERS S NOTIFIED WITHIN 200 FEET L & M MUTUAL INVESTMENT LL+C BREAKWATER BAY LTD RANhIN NICK G LE'S BEAUMONT FAMILY INVESTMENTS 11 LP LE'S R EAU M NT FAMILY INVESTMENTS 11 LP T NELEI H ON MAJOR LL LE'S B EAU M NT FAMILY INVESTMENTS 11 LP SULTAN LLC BEAVAlIC3N`T Planning & Community Development Case Type:Planning and Zoning Case Sub Type- Specific Use Permit Case #: PZ2023-89 Location: 4515 N. Major Drive Beaumont, TX 77713 Individuals listed on the record: Applicant Phuc Nhat Le Missing Address, City, State, or Zip Code in People Property Owner Phuc Nhat Le Missing Address, City, State, or Zip Code in People Agent Charles Shajari 87 Interstate 10 N Suite 115 Beaumont, TX 77707 Case Type: Planning and Zoning Case #: PZ2023-89 Case Status: REVIEW Tag Name: Amended SUP for restaurants, professional offices & retail stores in CMD-2 Initiated On: 212112023 4:38:07PM Home Phone: Work Phone: Cell Phone: 409-201-3248 E-Mail: ibfmanagementllc@yahoo.com Home Phone, Work Phone, Cell Phone: E-Mail: Home Phone- 409-351-2601 Work Phone - Cell Phone- 409-351-2601 E-Mail- benchmarkl99O@gmail.com Page I of 3 Printed On: 3/8/2023 BEAV11IlC3NT Planning & C0111111LInity Development Legal Description Daniel Easley Survey Abstract N. 20 Daniel Easley 4.981 or 5.0 Acres Number of Acres 5.20 Proposed Use GC -MO That the specific use will be The management team as well as the responsible party of the compatible with and not injurious to proposed project will be unequivocally committed a n d complied to the Use and enjoyment of other all the building regulations and safety standards set forth by the city property, nor significantly diminish or upon approval of permit. In addition to providing much needed impair property values within the services/resources, our management team will also be faithfully immediate vicinity committed to future business growth at various capacity that would help in the social and economic transformation of this landscape, thus leading to appreciation of values of our property as well as for those properties and businesses in the proximal vicinity. That the establishment of the specific The objective of the proposed retail is to primarily provide and fulfill use will not impede the normal and essential resources/services recognized by the surrounding orderly development and improvement communities. In the event of future growth and expansion, everything of surrOUnding vacant property; will be done in accordance with city ordinance requirements as to avoid any potential impediment of progress in development of nearby properties and/or businesses. That adequate utilities, access roads, drainage and other necessary supporting fac ilities. have been or wi 11 be provided Tile design, location and arrangement of all driveways and parking spaces provides for the safe and convenient movement of vehicular and pedestrian traffic That adequate nuisance prevention measures have been or will be taken to prevent or control offensive odor, fUmes, dust, noise and vibration That directional lighting will be provided so as not to disturb or adversely affect neighboring properties Case Type- Planning and Zoning Case #- PZ2023-89 The proposed site will be designed by license professional engineer in state of Texas which will provide adequate drainage & outfall discharge point as per drainage study. All the private utilities will comply with the plumbing codes requirements and 8AE C-900 waterline extension within the proposed I OAC- T" exclusively waterline easement and provide fire hydrant as per fire code. All roadways will be 6 AE reinforced concrete pavement with drainage and grading design. The proposed retail will be designed for all safety requirements of City of Beaumont with 36AETI.1 wide entrance and 2pia E'll-I radii to meet the guidelines and provide safety ends at each side of driveway. All T11 ^E roadways are design for 25A wide fire truck accessibility. The proposed retail will be regulated by the property management team, as part of their job descriptions, will be monitoring the site for QA/QG of physical appearance and cleanliness. The dump ter provided with enclosure doors and fenced. There will be a guideline and brochure for not littering and map of the site for dumpster location. Since there are no dirt roadways, dust will not be issue. If any noise or vibration noted at the site, the tenet will be notified for warning. The proposed retail area will have the sign and 10 LED light for directional as per City ordinance requirement. All the lighting system at the site will be LED with proper design luminous to not disturb or affecting neighboring properties. Page 2 of 3 Printed On- 3/8/2023 BEAVMONT Planning & Community Development That there are SLIfficient landscaping and screening to insLire harmony and compatibility with adjacent property That the propose(] Use is in accordance with the Coinprehensive Plan Notes: The proposed retail will have the E"'I landscape buffer in front of property with shrubs at 24bE C-C & trees at I ObETLI apart with class MceAAC trees per City ordinance along the north & south side and 1water meter irrigation with RPZ in cage. The proposed retail will be designed and as per all City of Beaumont Codes, Ordinance, and other agencies. Case Type: Planning and Zoning Page 3 of 3 Case If: PZ2023-89 Printed On: 318/2023 Phuc Nhat Le, Propei-ty Owner Sunrise Plaza, 4515 N Major Drive Beaumont, TX 77713 Febi'Llary 21, 2023 The proposed retail project will be one pre-engineered metal buildings at al pro 8675 sf rp Nvith architectural aesthetics. In this building we will have co#��e shol), restenn-cint, insumince oq1tce, hcdr, oi- iwil scilon, clothilig slore and chain e-leli restaurcint. We will provide total management of the property with onsite/offsite staff and 24-hour video sLirveillance at the site retail building. The site will be fenced on all 2 sides at 8' as per code and will provide the 15' landscaping buffer with class "'A" trees (Gi) 10 " apart. The property is in the flood "X". All structures will be COnStrUcted a ininimurn of 18" inches above the Base Flood Elevation or be flood proofed to 18" inches above the Base Flood Elevation per City requirements. We WOUld like to start the project in the April 2023 with ground break and constrUCti011. Our goal when approach this project is to use excellent qualit), and safe/effective Nvorkmanship in accordance with the city ordinance. We believe this will help to catapUlt economic growth and develops -nent in these communities. We truly believe in ourselves and the people that we serve in these comnlLfllitiCS that they too would have an extraordinary experience when they visit our Sunrise Plaza. Thank you so much for this wonderful opportUllity to be a part of this great community and the City of Beaumont. Looking forward to hearing a positive approval on this proposed development. Sincerely, Phac/ N hat Lel hu Nhat Le, Property Owner ' 11 15uiddot4S Il'l lit] n i Dzold aspuns 'A 91 04 1 4--t - - - - - - - - - - - - L I f 11it L - 7-, F 7 :ij Y� zt V W� LLJ LU W- 44 z z 6 p 114 ----------- < X 31. Y 1600 1 L 0 (' j - 2'�C- M, 5 frae L.`=+ w-r nor) I E 'i P� c F FppF a ett2 A 1145, yyp—i4@_ Ilk 4 ��Till 4� iY}.k xt �.q� � � �. �� .PLA� ��. � fill � ill j4 9U pp I _ y 3&1 151 1-y Nei Phi �s m fo L! w Cif 0 LL PZ2023-89: Request for a Specific Use Permit to allow restaurants, professional offices and retail stores in the GC-MD-2 (General Commercial — Multiple Family Dwelling-2) District. Applicant: Ph ghat Le Location: 4515 N. Major Drive 0 100 200 1 --1 1 Feet 417 Legen'd PZ2023'89 Mow Irk GC -MD G2 0 R 77 -S top N -70 JK �. AY Rj� RTHWES N 4� 01 IL dh V 6 RM-H - --------- IL P