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Home My WebLink AboutORD 23-030ORDINANCE NO. 23-030 ENTITLED AN ORDINANCE ISSUING AN AMENDED SPECIFIC USE PERMIT TO ALLOW RESTAURANTS, PROFESSIONAL OFFICES AND RETAIL STORES IN A GC-MD-2 (GENERAL COMMERCIAL -MULTIPLE DWELLING-2) DISTRICT AT 4515 N. MAJOR DRIVE IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS, in December of 2019, Dr. Phuc Nhat Le requested a Specific Use Permit for a retail and storage development consisting of seventeen (17) condominiums and approximately 23,080 square feet of retail space; and, WHEREAS, in April of 2021, the proposal was revised to include thirty-six (36) condominium units and approximately 10,700 square feet of retail space; and, WHEREAS, in July of 2021, the retail space was eliminated and seventy (70) condominium units were proposed, and, WHEREAS, Dr, Phuc Nhat Le would like to eliminate the residential development and move forward with a 8,675 square foot retail shopping center with restaurants, professional offices, and retail stores, and, WHEREAS, the Planning and Zoning Commission of the City of Beaumont considered the request and is recommending approval of an amended specific use permit to allow restaurants, professional offices, and retail stores in a GC-MD-2 (General Commercial -Multiple Family Dwelling-2) District for property located at 4515 N. Major Drive, being Abstract 20, Daniel Easley Survey, City of Beaumont, Jefferson County, Texas, containing 4.981 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 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, 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 one hundred (100) year storm event using Atlas 14 rainfall data, per Drainage District 6; and, WHEREAS, Dr. Phuc Nhat Le's desire to amend the amended specific use permit to allow restaurants, professional offices, and retail stores in a GC-MD-2 (General Commercial -Multiple Dwelling-2) District located at 4515 N. Major Drive, being Abstract 20, Daniel Easley Survey, City of Beaumont, ,Jefferson County, Texas, containing 4.981 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 amended specific use permit to restaurants, professional offices, and retail stores in a GC-MD-2 (General Commercial -Multiple Dwelling-2) District located at 4515 N. Major Drive; and, WHEREAS, the City Council is of the opinion that the amendment of such amended 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; and, Carfinn 1 That the amendment of the specific use permit be granted to Dr. Phuc Nhat Le, 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 restaurants, professional offices, and retails stores in a GC-MD-2 (General Commercial - Multiple Dwelling-2) District located at 4515 N. Major Drive, subject to the following conditions: 1. Construction plans shall comply with all applicable Building and Fire Code requirements. 2. Construction plans must meet all requirements by Water Utilities for water and sanitary sewer services, including any requirements of the City's backflow, pretreatment 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 one hundred (100) year storm event using Atlas 14 rainfall data, per Drainage District 6. 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. 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BEAUMONT Planning a Community Development Case Type -.Planning and Zoning Case Sub Type: Specific Use Permit Case 4: PZ2023-108 Location: 3100 N MAJOR DR, BEAUMONT, 77706 Individuals listed on the record: Applicant Muhammad Kapadia 6570 College Street Beaumont, TX 77707 Property Owner Muhammad Kapadia 6570 College Street Beaumont, TX 77707 Case Type: Planning and Zoning Case #: PZ2023-108 Case Status: REVIEW Tag Name: SUP for Shopping Center in GC-MD-2. Initiated On: 3/3/2023 11:15A7AM Home Phone: 409 2731453 Work Phone: Cell Phone: 409 2845309 E-Mail: zulagproperties@g mall, corn Home Phone: 409 2731453 Work Phone; Cell Phone: 409 2845309 E-Mail: zulagpropertles@gmall, com Page 1 of 3 Printed On: 3/812023 BEAUMONT Planning & Community Development Legal Description Tract 82A, Plat SPA 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 are& 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 #: PZ2023-108 Printed On: 3/8/2023 BEAUMONT Planning & Community Development That adequate nuisance prevention The proposed shopping center on the front of the property will be measures 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 QAIQC 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 center. 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 suff€cient 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, islandsipenfnsulas will be installed as required by the City of Beaumont Landscaping Ordinance. A V irrigation water meter with an RPZ will be used to water all the landscaping. That the proposed use 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. No tes: Case Type: Planning and Zoning Page 3 of a Case #: PZ2023-108 Printed On: 302023 �N r b o Z 0 z Y � u u 0 3 0 o z z CL w CL LU z b Lu p si g4 J �i14.Si Ljj —, W (1 dad sf. alp!; Iy WO w V) �°� I--> w ::�) w LL -GE: Ie r ^ W�n� i ti • r----- �r � jf rY��§A o �4F .$ • e � ��I Ri 'G4 s 7 r i z lu r � Ll 26 d a m 2.� min u zp G Property Owner Zulag Properties, LLC Developer/Business Owner Ntthammad lcapadid Proposed Project; Shopping Center and Single Family Residential Subdivision Proposed Project 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 3100 North Major Drive, Beaumont, Texas. 77713, On February 28, 2017, the City Council approved a specific Use Permit for this project. Unfortunately, the project was delayed making 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 proposed street for the subdivision from the south side of the property to the north side of the property. The change was requested by the Texas Department of Transportation in order for the road to be used by the properly on the north side of the development. The relocation of the road will benefit the residential neighborhood on the south side of the property by deteting a road on the other side of their backyards. The shopping center project will consist of comtiuoting three structural steel buildings oil a reinforced concrete foundation. The buildings will be architecturally attractive with projections and varying elevations, and a mixture of stucco and stone for the exterior wall cladding. The shopping center will be used for professional offices, food establishments, nail/hair salons, clothing retail stores and grocery stores. The Owner will manage and operate the stropping center. The shopping center will operate between the hours of S AM and I 1 PM. The single family home residential subdivision will provide approximately 21 lots that the owner intends to use to build and sell single family ponies. The entire shopping center site and subdivision will follow the City of Beaumont Ordinances and regulations such as landscaping, exterior lighting, street lighting, subdivision regulations, etc. A pre - development meeting with the City staff was held to discuss all requirements and compliance with Building Codes, Fire Department, Public Works Department, DD6, Water Utilities, etc. AR their comments will be implemented into our design in order to acquire construction permits, We would like to start the construction of the project in Apri12023. This project will contribute to the growth on North Major Drive and will attract more businesses to the circa. The shopping center will provide much needed services to the area residents, Property Owner Zulag Properties, LLC Developer/Business Owner Muhammad kapadtd Proposed Project; Shopping Center and Single Fornily Residential Subdivision Proposed Project Location; 3100 North Major Drive, Beaumont, Texas 77713 March 2, 2023 We are requesting a Specific Use Permit for a shopping center and single fancily residential subdivision located at 3100 North Major Drive, Beaumont, Texas 77713. On February 28, 2017, the City Council approved a specific Use Permit for this project, Unfortunately, the project was delayed making that Specific Use Permit void. The request for a now Specific Use Permit includes 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 the north side of the property. The change was requested by the Texas Department of Transportation in order for the road to be used by the property on the north side of the development. The relocation of the road will benefit the residential neighborhood on the south side of the property by deleting 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 cor►orete foundation. The buildings will be architecturally attractive with projections and varying elevations, and a mixture of stucco and stone for the exterior wall cladding. The shopping center will be used for professional offices, food establishments, nail/hair salons, clothing retail ,stores and grocery stores. The Owner will manage and operate the shopping center. The shopping center will operate between the hours of 5 AM and 11 PM. The single family home residential subdivision will provide approximately 21 lots that the owner intends to use to build and sell single family homes, The entire shopping center site and subdivision will follow the City of Beaumont Ordinances and regulations such as landscaping, exterior lighting, street lighting, subdivision regulations, etc, A pre - development meeting with the City staff was held to discuss all requirements and compliance with Building Codes, Fire Department, Public Works Department, DD6, Water Utilities, etc. All their comments will be implemented into our design in order to acquire construction permits. We would like to start the construction of the project in April 2023, This project will contribute to the growth on North Major Drive and will attract more businesses to the - area, The shopping center will provide much needed services to the area ;residents, ' Thank you so much for this wonderful opportunity. As the owners of Wag Propertics, LLC it is our desire to continue developing in the City of Beaumont and be a part of this great community. Looking forward to hearing a positive approval on this proposed development. 0