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Home My WebLink AboutPZ2023-108DATE: March 20.2023 TO: Planning Commission and City Council FROM: Derni Engman, Planning Manager SUBJECT: Consider a request for an Amended Specific Use Permit to allow retail shopping center with restaurants, clothing stores, food shops, beauty salons and professional offices on the GC-MD-2 (General Commercial —Multiple Family Dwelling-2) District portion of the property. FILE: PZ2023'108 STAFF REPORT Zulag Properties., L.L.C. is requesting approval of an Amended Specific Use Permit to allow a retail shopping center with restaurants, clothing stores, food shops, beauty salons and professional offices at31OON.K4 'orDrive. The development site affected will bethe portion ofthe property zoned asG[-K:O-2. |nFebruary of2017.Council approved a Specific Use Permit toallow a37'7SOsoftretail shopping center with 2lGparking spaces. The proposed tenants included retail shopping, offices and restaurants. |nFebruary of2O2g`the developer applied for abuilding permit. It was noticed the Specific Use Permit had expired and the site plan flipped with the road originally being located to the south of the shopping center to it now being located to the north, which placed the commercial structure closer to the residential neighborhood on Village Drive. Zulag Properties, L.L.C. requests approval of the Amended Specific Use Permit so he may move forward with his development of the Westchase Shopping Center. Itshould benoted, the location ofdriveways and sidewalks issubject boapproval ofTXOOT. Any substantial changes to the site plan resulting from the driveway approval may necessitate additional review ofthe plan via the Specific Use Permit process. Staff recommends approval of the request with the following conditions: 1. Construction plans shall comply with all applicable Building and Fire Code and Z. Construction plans shall comply with 28.04-006 Landscaping and screening 2. Construction plans must meet all requirements by Water Utilities for water and sanitary sewer services, including any requirements of the City's back -flow, pre-treatment and/or FOG program. 4. Directional lighting shall be installed to reflect away from the residences located of Village Drive, south ofthe proposed development. 5. Utility plan shall show the location of the required fire hydrants. Please note that final occupancy approval issubject toreview and acceptance ofsubmitted plans and field inspections to verify compliance with applicable codes. Exhibits are attached. PUBLIC NOTIFICATION Notices mailed to property owners 13 Responses in Favor Responses in Opposition LEGAL DESCRIPTION FOR ORDINANCE PURPOSES Being Tract 82-A,p|at SP-1H.Williams Survey, Abstract 56Beaumont, Jefferson County, Texas,, mi"k F&ImMMmn CONDITIONS FOR APPROVAL OF SPECIFIC USE PERMIT (SECTION 28-26.E, ZONING ORDINANCE) Application Application Discussion is in isnot in in Staff compliance compliance Report I.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; » 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 S.That adequate nuisance prevention measures have been orwill betaken toprevent orcontrol offensive odor, fumes, dust, noise and vibration; X 6.That directional lighting will beprovided soas not to disturb or adversely affect neighboring properties; x 7.That there are sufficient landscaping and screening toinsure harmony and compatibility with adjacent property; and, X @. That the proposed use is|naccordance with the Comprehensive Plan. x APPLICANT:GENERAL INFORMATION[PUBLIC UTILITIES PROPERTY OWNER, LOCATION: EXISTING ZONING: PROPERTY SIZE: EXISTING LAND USES: FLOOD HAZARD ZONE: SURROUNDING LAND USES: NORTH* Vacant EAST- Residential SOUTH: Commercial WEST: Residential COMPREHENSIVE PLAN: SANITARY SEWER SERVK]EP HaniTohnnefor Zu\agProperLies,L.L[. Zu|agProperties, Inc. (MuharnnnedKapad|a) 31OON.Major Or|ve GC-MD-2 (General Commercial Multiple -Family Dwelling-2) "8.66 acres, more or less X—Area determined tobeoutside the 5OO yearfloodp\a\n. SURROUNDlNG ZONING: GC -MD (General Commercial Multiple -Family Dwelling) RS (Residential Single Family Dwelling) RM-H (Residential Multiple Family —Highest Density) G[-K4D'3 Neighborhood Growth Unit Mamor Drive: Major Arterial with 4 lanes Open ditch 24" water line at Major Drive 54"sanitary sewer line at Major Drive PROPERTY OWNERS NOTIFIED WITHIN 200 FEET SHIPPER k ENNETH E & R BBIE L WESTCHASE PROPERTY HOMEOWNERS SMITH RNALD G SMITH GREGRY D B LT N DARWIN H & CINDY GERACE CARL J & MARY JEMENI J SEPH E DELA IIARE EXTENSION DEVELOPMENT MADISH INVESTMENTS LTD ULAG PROPERTIES LLC P & N SA► DHAR INVESTMENTS ClA RENTAL MANAGEMENT LLC CNA RENTAL. MANAGEMENT LLC BEAVNIC3NT Planning & Community Development Case Type:Planning and Zoning Case Status: REVIEW Case SEA b Type: Specific Use Permit Tag Name: SUP for Shopping Center in GC-MD-2. Case #: PZ2023-108 Initiated On: 3/3/2023 11,15,17AM Location: 3100 N MAJOR DR, BEAUMONT, 77706 Individuals listed on the record: Applicant Muhammad Kapadia. Horne Phone: 409 2731453 6570 College Street Work Phone: Beaumont, TX 77707 Cell Phone: 409 2845309 E-Mail- zu lag properties@grTlail.com Property Owner Muhammad Kapadia Home Phone: 409 2731453 6570 College Street Work Phone: Beaumont, TX 77707 Cell Phone: 409 2845309 E-Mail- zulagproperties@gmail.com Case Type: Planning and Zoning Page 1 of 3 Case #: PZ2023-108 Printed On, 3/8/2023 B EAV MC3 N T Planning & Community Development Legal Description Tract 82A, Plat SP-1, H. Williams Survey, ABS 56 Number of Acres 8.66 Proposed Use Commercial shopping center That the specific use will be The proposed shopping center on the front of the development is compatible with and not injurious to compatible with other businesses in the area along Major Drive. The the use and enjoyment of other shopping center will be used for professional offices, food property, nor significantly diminish or establishments, nail/hair salons, clothing retail and grocery stores. impair property values within the Any other business will have to receive a separate Specific Use immediate vicinity Permit. The management team as well as the responsible party of the proposed project will be unequivocally committed to making this location another successful destination that will provide superior quality services for the area. the rear of the development will be a single family residential subdivision, The project will comply with all the building regulations and safety standards set forth by the City of Beaumont, Drainage District 6 and the Texas Department of Transportation - In addition to providing much needed services/resources and single family properties, our project will encourage future business growth at various capacities that would help in the social and economic transformation fo this area. That the establishment of the specific The objective of building a shopping center and a single family use will not impede the normal and residential neighborhood at this location is to primarily fill a void that orderly development and improvement is needed in the area and which will help existing and future of surrounding vacant property; developments. As the area continues to grow and expand, this project will attract the development of different types of other businesses. That adequate utilities, access roads,, The proposed development will be designed by a licensed drainage and other necessary Professional Engineer registered in the State of Texas. The property supporting facilities have been or will located at 3100 North Major Drive has access to Drainage District 6 be provided drainage facilities. City water and wastewater services re available on North Major Drive, Privately owned utilities such as power, gas and Internet are also available in the area, When North Major Drive was designed, it was planned for business growth and development such as the one proposed by this project. The design, location and arrangement The development is proposed to be constructed on North Major Drive, of all driveways and parking spaces a highway owned and operated by the Texas Department of provides for the safe and convenient Transportation. Access to the development from North Major Drive movement of vehicular and pedestrian has been approved by the Texas Department of Transportation traffic Access to the development from North Major Drive has been approved by the Texas Department of Transportation while access from the proposed side street on the north side of the development will have to be approved by the City of Beaumont. The site plan provides sufficient parking spaces as per the City of Beaumont parking spaces standards and specifications. Case Type- Planning and Zoning Page 2 of 3 Case#: PZ2023-1 08 Printed On: 3/812023 BEAVMC3NT Pli-1111111ifig & C01111111LInity Development That adequate nuisance prevention The proposed shopping center on the front of the property will be rneaSUres have been or will be taken regulated by the property management team. Part of their job to prevent or control offensive odor, descriptions, will be monitoring the site for QA/QC of physical fumes, dust, noise and vibration appearance and cleanliness. The dumpster proposed will have enclosure doors and a wooden fence. There will be guidelines provided to the future tenants in their contracts aimed at ensuring a professional appearance and method of operation. Dust will not be an issue for a shopping Genter. The development operators will abide by the noise and vibration Ordinances set by the City of Beaumont. A shopping center with the use specified above is not generally a source of odor or noise. That directional lighting will be The lighting at the proposed development will be designed by an provided so as not to disturb or Electrical Engineer and will meet the City of Beaumont' s Ordinances, adversely affect neighboring guidelines and regulations. All the lighting system at the site will be properties LED with properly designed luminous in order not to disturb or affect neighboring properties and traffic. That there are sufficient landscaping The proposed development will have the 6' landscape buffer on North and screening to insure harmony and Major Drive and 10 foot wide landscaping buffers on the south and compatibility with adjacent property east side of the property, to separate the shopping center from the existing and proposed residential neighborhoods. In addition, islands/peninsulas will be installed as required by the City of Beaumont Landscaping Ordinance. A V irrigation water meter with an RP Z will be used to water all the landscaping. That the proposed LJSe is in The proposed development will be designed as per all City of accordance with the Comprehensive Beaumont Codes and Ordinances, as well as the Texas Department Plan of Transportation and Drainage District 6 requirements. The proposed shopping center will have unique architectural design which will be appealing to the customers, add value to the existing businesses, provide a need service to the area and help attract more businesses to the City. Notes: Case Type, Planning and Zoning Page 3 of 3 Case #: PZ2023-108 Printed On- 3/8/2023 L: cc j- z ;L E + (P. 0 Zvi* Ll dl z 7 Q F- Ln --(I z >- Lf �o z p at LLI j el M L I 4-LLP LIT — 2 Ltj J IA UL- ;5 m t.1 -C z A =6 C, LIU 0 6. M, L z q 0 :z 13E F ci ?Cl< d L C3 0 10 F 3 C 14-E 4 -D z LIJ LLI lip LU LL) LLI 7 0 z 0 LU Lu LLI < LL- 0 0 0 LLJ Uj -Z LLJ 0 0 41 IL J J, 0 Lij w > 0 < C IML %IJ Ul L-j 7 0 u 11 z CL UJ z 0 T- V) cl 11 LIJ < V) 0wj Q Ln Property ONvitev ZuIng Properties, LLC Developer/lBusiness Owner Nuhamniad lap did Proposed Project., Shopping Center and Single Ramily Residential Subdivision ProposedProject Location: .3100 North Major Drive, Beaumont, Texas 77713 March 2, 2023 We are requesting a Specific Use Permit for a shopping center and single family residential subdivision located at 3 100 Noilh Major Drive, Beaumont, Texas- 77713. 4 On February 28, 2017, the City Council approved a specific Use Permit for this project. Unforhinately, the project was delayed inaking that Specific Use Permit void. The request for a new Specific Use Permit includes only one change to the original site plan. The change relocated the propowd street for the suhdivision from the south side of the property to the nortli side of the property. The change was requested by the Texas Departniont of Transpoilation in order for the road to be used by the propetly on the noel h side of the development. The relocation of the road will benefit the residcntial neighborhood on the south side of the property by deleting a road on the other side of their back yards. Frhe shopping center project will consist of constructing ttu-ee structural steel buildings on a reinforced concrete fowidaLion. The buildings will be, architecturally attractive with projcctions and varying clevations, and a mixture of stucco and stone for the exterior wall cladding. The shopping center will be -used for professional offices, food establishments, naillhair salons, clothing retail stores and grocery stores. The Owner will manage and operate the shopping center. "File shopping conter will operate between the limirs of 5 AM and I I PM. The single fain lly hotne residential subdivision will provide approxiniatety 21 lots that the owner intends to use to build and sell single family lionles. The endre shopping center site and subdivisioll will follow the City of Beauniont Ordinances and regulations such as landscaping, exterior lighting, street lighting, subdivision mogul Lions, etc. A pre - development inecting with 1he. City staff was held to discuss all requirements and compliance with Building Codes, Fire Depailinent, Public Works Depailment, DD6, Water Utilities, etc. All their I comments will be implemented into our design in order to acquire C011.9miction permits, We. would like to start tile coils truction of the project in April 20236 This project will con(ribute �o the growth on North Major Drive and will attract more businesses to the arca. The shopping centor will provide much needed services to tho area residents. I Propei4ty Owner' ZuIng Properties, LLC Developer/Business Owner Muhammad kapadid Proposed PI-oJect: S hopping Center and Single Fa mi ty Res i d en tia I ' Su b d i v i s i on Prop osedPi-ojectLoeation: 3 100 North Major Drive, Beaumont, Texas 77713 March 2, 2023 We "Ire requesting a Specific Use -Perinit for a silo pill celitel- rind single family residential subdivision located at 3 10 0 North Major Drive, B e atimont, Texas. 7 7713. On Febritaq 28, 2017, the City Council approved a specific Use Permit for this project. Unforhinately, the project was delayed niaking that Specific Use Per snit void. The request for a liew Specific Use Permit include only one change to the original site plan. The change relocated the proposed street for the 'Subdivision from the south side of the property to Ike north side, of the property. The Change was requested by the Texas Deparhmni of Transpollation in or for the road to be used by the properly on the roily side of the development, The relocation of the road will benefit the residential neighborhood on the south side of the property by dcleting a road on the other side of their back yards, The shopping center project will consist of constructing three structural steel buildings on a reinforced h concrete foundation. The buildings will be architecturally attractive with pyojections and varying elevations, and a mixture of stucco and stone for the exterior wall cladding. The shopping center wil I be wed for professional offices, food establishments, nailAiair salons, clothing retail stores and groiny stores. The Owner will inanage and operate, the shopping cen-ter. The shopping center will operate between the homs of 5 AM and 11 PM - The single family hoine residential subdivision will provide appioxiniately 21 lots that the owner intends to use to boitd and soli single family 110111es. The entire shopping center site and subdivision will follow the City of Bcaumont Ordinances and regulations such as landscaping, exterior lighting, strcet lighting, subdivision regulations, etc, A pre - development meeting With the City staff was held to discuss all requirements and compliance with Building Codes, Fire Depailment, Public Works Department, DD6, Water Utilities, etc. All their C0111ments will be implemented into our design in order to acquire construction perinits. We would like to start file construction of the project in April 2023. This project will contribute to the growth on Norlh Major Drive and will attract more businesses to the area. The shopping center will provide much needed services to the area residents. P Thcank you so much for this wonderful opportunity. As the owners or zui-ag Propeilies, LLC it is out - desire to continue developing in the City of Beauniont and be a part of this great community. Looking foi-ward to hearing a positive approval On this prolmsed develolmient. PZ2023-108: Request for a Specific Use Permit to allow a retail shopping center with restaurants, clothing stores, food shops, beauty salons and professional offices on the GC-MD-2 portion of the property. Applicant: Hani Tohme for Zulag Properties, LIZ, Location: 3100 N. Major Drive 0 100 200 1 Feet )PN T Leg'end 23- I PZ20 108. 41 % I R-SI A I G2 GC -MD Ot- A R-S G2 2 �R-S RMO 'S RM-H 'Onwoopm MILO— PW4 oil FM im IdIEN a d saw