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Home My WebLink AboutORD 23-033ORDINANCE NO. 23-033 ENTITLED AN ORDINANCE ISSUING AN AMENDED SPECIFIC USE PERMIT TO ALLOW RESTAURANTS, CLOTHING STORES, FOOD SHOPS, BEAUTY SALONS, AND PROFESSIONAL OFFICES IN A GC-MD-2 (GENERAL COMMERCIAL -MULTIPLE DWELLING-2) DISTRICT AT 3100 N. MAJOR DRIVE IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS, 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 at 3100 N, Major Drive; and, WHEREAS, in February of 2017, Council approved a Specific Use Permit to allow a 37,750 sq. ft. retail shopping center with two hundred and sixteen (216) parking spaces; and, WHEREAS, in February of 2023, the developer applied for a building permit, and it was discovered that 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 said road being located to the north, which placed the commercial structure closer to the residential neighborhood on Village Drive; 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 retail shopping center with restaurants, clothing stores, food shops, beauty salons, and professional offices in a GC-MD-2 (General Commercial -Multiple Family Dwelling- 2) District for property located at 3100 N. Major Drive, being Tract 82-A, plat SP-1, H. Williams Survey, Abstract 56, City of Beaumont, Jefferson County, Texas, containing 8.66 acres, more or less, as shown on Exhibit 'A" subject to the following conditions: 1. Construction plans shall comply with all applicable Building and Fire Code requirements; and, 2. Construction plans shall comply with 28,04.006 Landscaping and screening requirements and install a five (5') wide along Major Drive from property line to property line; and, 3. Construction plans must meet all requirements by Water Utilities for water and sanitary sewer services, including any requirements of the City's backflow, pre-treatment and/or FOG program; and, 4. Directional lighting shall be installed to reflect away from the residences located off Village Drive, south of the proposed development; and, 5. Utility plan shall show the location of the required fire hydrants; and, WHEREAS, Zulag Properties, L.L.C., requests approval of the Amended Specific Use Permit so they may move forward with their development of the Westchase Shopping Center for a retail shopping center with restaurants, clothing stores, food shops, beauty salons, and professional offices in a GC-MD-2 (General Commercial - Multiple Dwelling-2) District for the property located at 3100 N. Major Drive, being Tract 82-A, plat SP-1, H. Williams Survey, Abstract 56, City of Beaumont, Jefferson County, Texas, containing 8.66 acres, more or less, as shown on Exhibit "A," attached hereto and made a part hereof for all purposes; and, WHEREAS, the Planning and Zoning Commission of the City of Beaumont considered the request to amend the specific use permit to allow a retail shopping center with restaurants, clothing stores, food shops, beauty salons, and professional offices in a GC-MD-2 (General Commercial -Multiple Dwelling-2) District located at 3100 N. Major Drive; and, WHEREAS, the City Council is of the opinion that the amendment of such specific use permit is in the best interest of the City of Beaumont and its citizens; NOW, THEREFORE, BE IT ORDAINED BY 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. Section 1, That the amendment of the specific use permit be granted to Zulag Properties, L.L.C., their legal representatives, successors, and assigns for that certain tract shown on Exhibit 'A" attached hereto and made a part hereof for all purposes, to allow a retail shopping center with restaurants, clothing stores, food shops, beauty salons, and professional offices in a GC-MD-2 (General Commercial -Multiple Dwelling-2) District for the property located at 3100 N. Major Drive, subject to the following conditions: 1. Construction plans shall comply with all applicable Building and Fire Code requirements. 2. Construction plans shall comply with 28.04.006 Landscaping and screening requirements and install a five (T) wide along Major Drive from property line to property line. 3. Construction plans must meet all requirements by Water Utilities for water and sanitary sewer services, including any requirements of the City's backflow, pre-treatment and/or FOG program. 4. Directional lighting shall be installed to reflect away from the residences located off pillage Drive, south of the proposed development. 5. Utility plan shall show the location of the required fire hydrants. 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, 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 4th day of April, 2023. - Mayor Robin Mouton - N d 6 µ >rt 0. xx Nnn �\ --- ------mil —t _ I : � .+' � :. ',ti \`� � �{ � �{�:� i i','t rrr,r� :'�'4,• `.h,• t,,± � I Z � � \�, �// � •• ten~ • t • I � j `• Y Or � `�j�•>>'r I rt _��. �. ...! t .Y.r ] �. �''t .r.'` •.},• ti?Ei'.�9"7U e "f'i lip • I `�` 'Cyy I �� r � •'' � • F•'�'''' r t iti c'�i; I '$a ''']]9y4 v� l .n. •� .. I �n� r I R I �• ;l • Yi Q � r• ca kit P '7 i•a z No Text BEAUMONT Planning & Community Development Case Typo: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 GCMD-2 Initiated On: 2121/2023 4:38:07PM Home Phone: Work Phone: Cell Phone: 409-2Gl -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: benchmark1990@gmail.com Page 1 of 3 Printed On: 3/8/2023 BEAUMONT Planning & Community Development Legal Description Number of Acres Proposed Use That the specific use will be compatible with and not injurious to the use and enjoyment of other property, nor significantly diminish or impair property values within the immediate vicinity Daniel Easley Survey Abstract N. 20 Daniel Easley 4,981 or 5.0 Acres 5.20 GC -MD The management team as well as the responsible party of the proposed project will be unequivocally committed and complied to all the building regulations and safety standards set forth by the city upon approval of permit. In addition to providing much needed services/resources, our management team will also be faithfully 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 andlor businesses, That adequate utilities, access roads, drainage and other necessary supporting facilities have been or will be provided The 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 #: PZ2023-8g 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 ME C-900 waterline extension within the proposed 10A€T1" exclusively waterline easement and provide fire hydrant as per fire code. All roadways will be 6A€ reinforced concrete pavement with drainage and grading design. The proposed retail will be designed for all safety requirements of City of Beaumont with 36A€TM wide entrance and 25a€TM radii to meet the guidelines and provide safety ends at each side of driveway. All roadways are design for 25A€TM 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 QAIQC of physical appearance and cleanliness. The dumpster 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, dustwill 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: 3/812023 BEAUMONT Planning & Community Development That there are sufficient landscaping and screening to insure harmony and compatibility with adjacent property That the proposed use is in accordance with the Comprehensive Plan Notes: The proposed retail will have the 6AE7111 landscape buffer in front of property with shrubs at 24AE C-C & trees at 108011 apart with class MceAAE trees per City ordinance along the north & south side and 1AE water 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 #: PZ2023-89 Printed On: 3/812023 Phuc Nhat Le, Property Owner Sunrise Plaza, 4515 N Major Drive Beaumont, TX 77713 February 21, 2023 The proposed retail project will be one pre-engineered metal buildings at approximately 8675 sf with architectural aesthetics. In this building we will have coffee shop, restaurant, insurance office, ham or nail salon, clothing store and chain dell restaurant. We will provide total management of the property with onsite/offsite staff and 24-hour video surveillance 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 @ 10' apart. The property is in the flood "X". All structures will be constructed a minimum 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 construction. Our goal when approach this project is to use excellent quality and safe/effective workmanship in accordance with the city ordinance. We believe this will help to catapult economic growth and development in these communities. We truly believe in ourselves and the pcople that we serve in these communities that they too would have an extraordinary experience when they visit our Sunrise Plaza. Thank you so much for this wonderful opportunity 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, Phucr NTH Le, Phuc Nhat Le, Property Owner