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HomeMy WebLinkAbout3-20-23 PC Minutes * M I N U T E S * JOINT PUBLIC HEARINGS PLANNING COMMISSION CITY COUNCIL City Council Chambers March 20, 2023 A Joint Public Hearing of the Planning Commission and City Council was held on March 20, 2023 and called to order at 3:12 p.m. with the following members present: Commission Members present: Chairman Sina Nejad Commissioner Johnny Beatty Commissioner Hamza Jabbar *left at 4:52 & returned at 4:54 Commissioner Spencer Jabbia Commissioner Shawn Javed Commissioner Darius Linton Commissioner Lynda Kay Makin Commissioner Tom Noyola Commissioner Eddie Senigaur Alternate Commissioner Rogers Sorrell Jr. Commission Members absent: Alternate Commissioner Erika Harris Councilmembers present: Mayor Pro-Tem Chris Durio Councilmember Randy Feldschau Councilmember Mike Getz Councilmember Taylor Neild Councilmember Audwin Samuel Also present: Kenneth R. Williams, City Manager Chris Boone, Assistant City Manager, Community Services Demi Engman, Planning Manager Elayna Luckey, Planner I Tom Duesler, Senior Assistant City Attorney Molly Villarreal, City Engineer Susan Smith, Recording Secretary 1 $ Planning Commission $$$ March 20, 2023 APPROVAL OF MINUTES Commissioner Senigaur moved to approve the minutes of the Joint Public Hearings held on February 20, 2023. Commissioner Noyola seconded the motion. The motion to approve the minutes carried 9:0. OTHER BUSINESS Chairman Nejad welcomed Commissioner Spencer Jabbia to the Commission. REGULAR MEETING 1) PZ2023-25 : Request to approve a Replat of Lots 2 and 3, Amended Stephenson Addition No. 1 into Lots 2-A and Lot 3-A, Amended Stephenson Addition No. 1 Beaumont, Jefferson County, Texas Applicant: Access Surveyors Location: 1070 and 1080 Ashley Avenue Mrs. Engman presented the staff report. Access Surveyors has requested approval of a Replat of Lots 2 and 3, Amended Stephenson Addition No. 1 into Lots 2-A and Lot 3-A, Amended Stephenson Addition No. 1, Beaumont, Jefferson County, Texas. The intention of the plat is adjust the common lot line to give 1070 Ashley additional real property. Slides of the proposed replat were shown. $ The Planning staff recommended approval of the request. Forty-two (42) notices were mailed to property owners within two hundred (200) feet of the subject property. Zero (0) responses were received in favor and zero (0) were received in opposition The applicant was present. Colby Brackin of Access Surveyors, 11025 Old Voth Road, Beaumont, Texas addressed the Commission. He stated that Access Surveyors prepared the plat to adjust the common lot line. The public hearing on this item was opened and closed without comment. Commissioner Jabbar moved to approve the request of a Replat of Lots 2 and 3, Amended Stephenson Addition No. 1 into Lots 2-A and Lot 3-A, Amended Stephenson Addition No. 1, as requested in PZ2023-25. Commissioner Makin seconded the motion. The motion to approve the request carried 9:0. 2) PZ2023-50 : Request to abandon a portion of the Carpenter Road right-of-way Applicant: Chris Phillips Location: Portion of Carpenter Road between Oak Ridge Street and Broussard Road 6$ $ Planning Commission $$$ March 20, 2023 Mrs. Engman stated that the applicant is ill and has requested that this item be tabled until the April 17, 2023 meeting. 3) PZ2023-81 : Request to approve a Replat of Lots 30-32 West Oaks Subdivision, Phase I and Tract I and Tract II in the A. Houston League Survey Abstract 33 into Lot 32A, North Berwick Acres, Beaumont, Jefferson County, Texas Applicant: Access Surveyors Location: 495 and 505 N. Major Drive Mrs. Engman presented the staff report. Access Surveyors has requested approval of a Replat of Lots 30-21, West Oaks Subdivision, Phase I and Tract I and II in the A. Houston League Survey, Abstract 33 into Lot 32A, North Berwick Acres, Beaumont, Jefferson County, Texas. The intention of the plat is to combine five (5) tracts of land into one large tract. The property owner applied for a building permit to allow an accessory structure on 495 N. Major @g^kZ.!!OZXi^dc!28.02.003)V*!d\[!djg!?^inth!KgY^cVcXZh!hiViZh,!rJd!VXXZhhdgn!Wj^aY^c\\!h\]Vaa!WZ! llow the tracts of land to become eZgb^iiZY!^c!i\]Z!VWhZcXZ!d\[!V!bV^c!Wj^aY^c\\.s!!P\]^h!NZeaVi!l^aa!V one tract so the owners may place their accessory building in their desired location. Slides of the proposed replat were shown. The Planning staff recommended approval of the request. Fifty-two (52) notices were mailed to property owners within two hundred (200) feet of the subject property. Four (4) responses were received in favor and fourteen (14) were received in opposition. Mrs. Engman stated that one owner in opposition stated that they are the land owner and have mineral rights. O\]Z!\[jgi\]Zg!hiViZY!i\]Vi!Vaa!di\]Zg!egdeZgin!dlcZgh!^c!deedh^i^dc!h^bean!X^gXaZY!rJds! on the form. Brief discussion followed concerning the location on the property in which the proposed accessory building will be located. The applicant was present. Colby Brackin of Access Surveyors, 11025 Old Voth Road, Beaumont, Texas addressed the Commission. He stated that Access Surveyors prepared the plat. The property owners were present. Toby Berwick and Kristina Berwick, 505 N. Major Drive, Beaumont, Texas addressed the Commission. Mr. Berwick stated that the accessory building will . He further stated that the structure will be located WZ!Vc!80t!m!80t!bZiVa!higjXijgZ!\[dg!eZghdcVa!jhZ 1from the property line of the four lots situated in the Garden Oaks Subdivision. 5t! The public hearing on this item was opened. Tanya Tanner, 8485 Garden Oaks Drive, Beaumont, Texas addressed the Commission. Ms. Tanner stated that fourteen (14) residents are opposed to the property owners obtaining ownership of the four lots situated in the Garden Oaks Subdivision because the removal of the lots will have a direct impact on the subdivision as the lots are located at the front of the subdivision. The HOA is willing to work with the property owners and would prefer that the four lots remain free of any structures. 7$ $ Planning Commission $$$ March 20, 2023 She further stated that removing the lots from the subdivision would allow the property owners to place something on the property that could possibly devalue the homes. Cheryl Guilbeaux, 8485 Garden Oaks, Beaumont, Texas addressed the Commission. Ms. Guilbeaux stated that the four subdivision lots were previously wooded. A wooden fence is now erected and she fears that the proposed accessory building will obstruct the view from the front of her home. She further stated that commercial property is currently located along one side of her property. Ms. Guilbeaux also stated that she is concerned about the uniformity of the neighborhood and future values of the homes located in the subdivision and asked that the Commission deny the applicants request. Ross Jones, President of the West Oaks Home Owners Association, 8490 Oak Meadow Drive, Beaumont, Texas addressed the Commission. Mr. Ross stated that the HOA has no objection to what the property owners do with the proper the concern is the four in!adXViZY!WZ\]^cY!i\]Z!15t!\[ZcXZ, lots situated within West Oaks. West Oaks Subdivision consists of eighty-eight (88) lots being single family homes, townhomes, and cottage homes. He further stated that the HOA is opposed to the replat request because the property will no longer be subject to HOA rules of development. At any time in the future the property owners can build a structure on the property and it will not be subject to HOA rules. Mr. Ross further stated that viewing a large accessory building at the front entrance does not portray the right image for a subdivision of single family homes and the HOA is trying to protect the investment of eighty-eight (88) property owners. He also stated that metal buildings are not restricted from HOA rules. Mr. Ross has had no conversation with the property owners and is only aware of the replat request through the Property Owner Notice received from City staff. Ms. Tanner stated that she personally spoke to the fourteen (14) property owners that signed each Property Owner Notice which are in opposition to the replat request. She further stated that she has not spoken to the property owners because she was not aware of their names and is only aware of the replat request through the Property Owner Notice received from City staff. Brief discussion followed regarding restrictive covenants of the subdivision relating to structures erected on each lot. The property owners were given an opportunity to speak in rebuttal. Mr. Berwick stated that when he purchased the property, the four lots were not part of the subdivision. He further stated that he is not opposed to the four (4) lots not being included in the replat request. He simply needs one lot in order to access utilities. The property contains many large live oak trees and he is unable to access utilities along Major Drive without the possibility of killing the trees. Brief discussion followed concerning adding a condition relating to the four lots remaining in the West Oaks Subdivision or encroachment into the four lots via a gate and access road only. Ownership of the four lots was also discussed. The public hearing for this item was closed. Commissioner Makin moved to approve the request to approve a Replat of Lots 30-32 West Oaks 8$ $ Planning Commission $$$ March 20, 2023 Subdivision, Phase I and Tract I and Tract II in the A. Houston League Survey Abstract 33 into Lot 32A, North Berwick Acres, as requested in PZ2023-81, with the following added condition: 1. Lots 30, 31 and 32 within the West Oaks Subdivision shall not be encroached upon other than for access driveway to the property. Commissioner Jabbar seconded the motion. The motion to approve the request carried 9:0. 4)PZ2023-87 : Request to approve a Replat of a portion of Lot/Block 9, Beaumont Irrigating Company Subdivision into Lots 1-3, Beaumont Irrigating Company Subdivision, Beaumont, Jefferson County, Texas Applicant: Access Surveyors Location: 7695 Tram Road Mrs. Engman presented the staff report. Access Surveyors has requested approval of a Replat of a portion of Lot/Block 9, Beaumont Irrigating Company Subdivision into Lots 1-3, Beaumont Irrigating Company Subdivision, Beaumont, Jefferson County, Texas. The properties are located within the RS (Residential Single Family Dwelling) zoning district. The intent of the plat is to divide two (2) tracts of land into three (3) tracts. Slides of the proposed replat were shown. The Planning staff recommended approval of the request. Twenty (20) notices were mailed to property owners within two hundred (200) feet of the subject property. Zero (0) responses were received in favor and zero (0) were received in opposition. The applicant was present. Colby Brackin of Access Surveyors, 11025 Old Voth Road, Beaumont, Texas addressed the Commission. He stated that the property is family property. The public hearing on this item was opened and closed without comment. Commissioner Jabbar moved to approve the request to approve a Replat of a portion of Lot/Block 9, Beaumont Irrigating Company Subdivision into Lots 1-3, Beaumont Irrigating Company Subdivision, as requested in PZ2023-87. Commissioner Noyola seconded the motion. The motion to approve the request carried 9:0. 5) PZ2023-95 : Request for Preliminary Plat approval of the Kingswood Place Subdivision, Phases II-V, Beaumont, Jefferson County, Texas Applicant: Daniel Dotson of Fittz & Shipman, Inc. Location: The east end of Kingswood Drive Mrs. Engman presented the staff report. Daniel Dotson of Fittz & Shipman, Inc., has requested re- approval to the Preliminary Plat of Kingswood Place Subdivision, Phases II-V. This plat was approved by Planning Commission in June of 2021. Construction documents have been developed and the project is set to begin as soon as possible. As the previously accepted plat expires in June 9$ $ Planning Commission $$$ March 20, 2023 of this year the developer has submitted the plat for re-approval to avoid any delays during the construction phase. This 26.52 Acre development will connect Kingswood Drive to Minner Drive and consists of 119 residential lots in four (4) separate phases. Street right-of-ways will be fifty (50) feet wide with a twenty-eight (28) foot wide concrete pavement for the minor collector streets: Trevor Trace, Jane Drive, and Dahlia Lane. Slides of the subject property and preliminary plat were shown. The Planning staff recommended approval of the request with the following conditions: 1. Water mains between two lots must be cased and a 10' exclusive water line easement shall be dedicated. If the water main is not cased then a 20' exclusive water line easement must be dedicated. Water line shall be located in the center of the easement. 2. Sanitary sewer lift stations that shall be dedicated to the City must be constructed to Texas Commission on Environmental Quality (TCEQ) and City of Beaumont standards. 3. =i!b^c^bjb,!\[^gZ!\]nYgVcih!h\]Vaa!WZ!adXViZY!ZkZgn!500t!Vadc\\!higZZi!\[gdciV\\Z.! The applicant was present. Daniel Dotson of Fittz & Shipman, Inc., 1405 Cornerstone Court, Beaumont, Texas addressed the Commission. No questions were asked of the applicant. The public hearing on this item was opened and closed without comment. Commissioner Makin moved to approve the request for Preliminary Plat approval of the Kingswood Place Subdivision, Phases II-V, Beaumont, as requested in PZ2023-95. Commissioner Javed seconded the motion. The motion to approve the request carried 9:0. JOINT PUBLIC HEARINGS Mayor Pro-Tem Durio called the Joint Public Hearings of March 20, 2023 to order at 3:39 p.m. and explained the purpose of the Joint Public Hearing process. Mayor Pro-Tem Durio then turned the meeting over to Chairman Nejad to conduct the Joint Public Hearings. 6) PZ2022-524 : Request to annex the south half of the right-of-way of Spindletop Avenue. Applicant: City of Beaumont Location: Spindletop Avenue Mrs. Engman presented the staff report. The existing city limit line travels along the centerline of Spindletop Avenue, which leaves half of the street to be inside city limits and the other half served by Jefferson County. This shared ownership has prevented both the City and County from performing necessary and extensive rehabilitation to the road. :$ $ Planning Commission $$$ March 20, 2023 With Council approval, the City entered into an Interlocal Agreement with Jefferson County in October, 2021. The agreement states Jefferson County shall reimburse fifty (50) percent of the costs, not to exceed $265,000. City staff performed the engineering, surveying and bidding for the Spindletop Avenue Roadway and Drainage Rehabilitation Project. Council awarded a contract in February, 2022 to stabilize and resurface the roadway base, remove and replace the driveway culverts, and regrade and reshape the drainage ditches. The final contract was awarded in the amount of $532,052.51 as accepted by Council in August, 2022. Request for payment was submitted to Jefferson County and was received on October 14, 2022. Annexation of the south half of the right-of-way of Spindletop Avenue will allow the City to maintain the infrastructure and perform future improvements as necessary to ensure the integrity of Spindletop Avenue. Slides of the subject property were shown. The Planning staff recommended approval of the request. . Commissioner Jabbar moved to approve the request to annex the south half of the right-of-way of Spindletop Avenue, as requested in PZ2022-524. Commissioner Noyola seconded the motion. The motion to approve the request carried 9:0. 7) PZ2023-66 : Request for a Specific Use Permit to allow an office warehouse and wholesale distribution in the GC-MD-2 (General Commercial Multiple Family Dwelling-2) p District Applicant: HudProp, L.L.C. Location: 1575 S. Major Drive Mrs. Engman presented the staff report. HudProp, L.L.C. requests a Specific Use Permit to allow an office warehouse and wholesale liquor distribution business located at 1575 S. Major Drive. The GC-MD-2 zoning district requires a Specific Use Permit for all new proposed land uses. The office operations will consist of executing payroll, processing payables, ordering products for other locations. The warehouse operations and wholesale distributions of liquor will consist of accepting orders, boxing orders, and shipping to local businesses within Jefferson County via two (2) Ford transit vans. The hours of operations are Monday through Friday, 9:00 a.m. to 5:00 p.m. Slides of the site plan and subject property were shown. Planning staff recommended approval of the request with the following conditions: 1. Construction plans must meet all requirements by Water Utilities for any water and sanitary -treatment, hZlZg!^begdkZbZcih,!^cXajY^c\\!Vcn!gZfj^gZbZcih!d\[!i\]Z!?^inth!WVX`\[adl,!egZ and/or FOG program. 2. Construction plans shall comply with all applicable Building Codes. <$ $ Planning Commission $$$ March 20, 2023 Fifteen (15) notices were mailed to property owners within two hundred (200) feet of the subject property. Zero (0) responses were received in favor and zero (0) were received in opposition. The applicant was present. Dennis Williams of HupProp, LLC, 7725 Devonshire, Beaumont, Texas addressed the Commission. He stated that the warehouse and office space currently utilized will remain the same with no modifications to the building. Wholesale alcohol on site will service restaurants with no advertisements placed on the building. The public hearing on this item was opened and closed without comment. Commissioner Makin moved to approve the request for a Specific Use Permit to allow an office warehouse and wholesale distribution in the GC-MD-2 (General Commercial Multiple Family p Dwelling-2) District, as requested in PZ2023-66, with the following conditions: 1. Construction plans must meet all requirements by Water Utilities for any water and pre- hVc^iVgn!hZlZg!^begdkZbZcih,!^cXajY^c\\!Vcn!gZfj^gZbZcih!d\[!i\]Z!?^inth!WVX`\[adl,! treatment, and/or FOG program. 2. Construction plans shall comply with all applicable Building Codes. Commissioner Beatty seconded the motion. The motion to approve the request carried 9:0. 8) PZ2023-82 : Request for a Specific Use Permit to allow a gaming site in the GC-MD (General Commercial Multiple Family Dwelling) District p Applicant: Courtney R. Watson th Location: 2685 S. 11 Street Mrs. Engman presented the staff report. Courtney Watson has requested a Specific Use Permit to th allow a gaming site at 2865 S. 11 Street. The applicant wishes to have fifteen (15) gaming machines at this location. The hours of operation for the business would be Monday to Sunday, 10 a.m. to 10 p.m. It should be noted that gaming facilities that have five or fewer machines tend to be considered accessory in nature, when part of a primary use, and as such tend to result in fewer negative impacts on surrounding land uses. However, larger game rooms with dozens of machines take on the scale of a small casino and as a result, require careful consideration as to their location and compatibility with surrounding land uses. Some of these considerations include compatibility with other land uses, noise, and traffic as well as safety considerations. As such, proximity to parks, schools and especially residential uses should be carefully considered in the review of gaming facilities. This property is in close proximity to Gateway Village Senior Apartments and Sunlight Manor =eVgibZcih.!!=YY^i^dcVaan,!V!X\]jgX\],!R^Xidgn!PZbeaZ,!^h!adXViZY!l^i\]^c!400t!d\[!i\]Z!egdedhZY! gaming facility. The existing parking lot accommodates for five (5) parking spaces to serve four (4) suites for lease. A gaming facility would require sixteen (16) parking spaces. The site does not appear to enough =$ $ Planning Commission $$$ March 20, 2023 real property to accommodate expansion of the parking lot to meet minimum off-street parking requirements. Slides of the site plan and subject property were shown. Planning staff recommended denial of the request. Seven (7) notices were mailed to property owners within two hundred (200) feet of the subject property. Zero (0) responses were received in favor and zero (0) were received in opposition. The applicant was present. Courtney R. Watson, 1840 Harriot Street, Beaumont, Texas addressed the Commission. Ms. Watson stated that she is requesting a Specific Use Permit to operate a game room. She further stated that she has no prior experience operating or owning a game room. She explained that a game room is a facility in which gamblers put money into a machine and receive cash in return. Ms. Watson also stated that security will be present on the premises and that she currently leases the property from Walter Kyles. Mrs. Engman stated that a person cannot receive cash prizes in a game room. The winnings must be in the form of plush items with a monetary value no greater than $5.00. The public hearing on this item was opened and closed without comment. Commissioner Jabbar moved to deny the request for a Specific Use Permit to allow a gaming site in the GC-MD (General Commercial Multiple Family Dwelling) District, as requested in p PZ2023-82. Commissioner Makin seconded the motion. The motion to deny the request carried 9:0. 9) PZ2023-84 : Request for a Specific Use Permit to allow a gaming site in the GC-MD (General Commercial Multiple Family Dwelling) District p Applicant: Ranvir Sachdeva Location: 5425 College Street Mrs. Engman presented the staff report. Ranvir Sachdeva has requested a Specific Use Permit to allow a gaming facility at 5425 College Street with twenty (20) machines. The hours of operation for the business would be 10am to 9pm. Security will be provided by on site surveillance and a professional security guard. The submitted site plan shows twenty (20) parking spaces, however, the required off-street parking calls for a minimum of twenty-four (24) parking spaces. Gaming facilities that have five or fewer machines tend to be considered 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 take on the scale of a small casino and as a result, 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 especially residential uses should be carefully considered in the review of gaming facilities. >$ $ Planning Commission $$$ March 20, 2023 It should be noted that this property is not in close proximity to any parks, churches or schools. However, this is withi c!300t!d\[!gZh^YZci^Vaan!odcZY!egdeZgin.!! Slides of the site plan and subject property were shown. Staff recommends approval of the request with the following conditions: 1. Shall be in compliance with Article 6.10 Gaming (Sections 6.10.001 6.10.021). p 2. Shall obtain approvals for all applicable permits from Building Codes. 3. Shall submit to the City a written agreement with an adjacent property owner that will allow for overflow parking. 4. Construction plans must meet all requirements by Water Utilities for water and sanitary -treatment and/or hZlZg!hZgk^XZh,!^cXajY^c\\!Vcn!gZfj^gZbZcih!d\[!i\]Z!?^inth!WVX`\[adl,!egZ FOG program. Sixteen (16) notices were mailed to property owners within two hundred (200) feet of the subject property. Zero (0) responses were received in favor and zero (0) were received in opposition. Brief discussion followed concerning ceiling height of the facility. Also discussed were the twenty- four (24) required parking spaces. Mrs. Engman stated that twenty (20) spaces are shown on the site plan, however, three (3) additional spaces can possibly be added. The added stalls would require approval of the Engineering Department in regard to proper width and depth. She further stated that a fourth additional parking space will probably not fit on the property. The applicant was present. Ranvir Sachdeva, 4811 Sheila Drive, Baytown, Texas addressed the Commission. Mr. Sachdeva stated that the intention of the proposed game room is peaceful entertainment for adults. He further stated that patrons will put money into the gaming machines and receive small novelties, electronic devices, watches, purses, etc. as prizes. Patrons will collect points and redeem the points for prizes. Mr. Sachdeva stated that he have no prior experience operating a game room, however, he has operated a gas station that offered gaming machines. He further stated that there are no game rooms located in the neighborhood in which he resides. Mr. Sachdeva also stated that he currently leases the proposed gaming site property and will travel to Beaumont daily to operate the game room. The public hearing on this item was opened and closed without comment. Commissioner Jabbar moved to deny the request for a Specific Use Permit to allow a gaming site in the GC-MD (General Commercial Multiple Family Dwelling) District, as requested in p PZ2023-84, with the following conditions: 1. Shall be in compliance with Article 6.10 Gaming (Sections 6.10.001 6.10.021). p 2. Shall obtain approvals for all applicable permits from Building Codes. 3. Shall submit to the City a written agreement with an adjacent property owner that will 54$ $ Planning Commission $$$ March 20, 2023 allow for overflow parking. 4. Construction plans must meet all requirements by Water Utilities for water and sanitary sewer services, including any requiremen-treatment and/or ih!d\[!i\]Z!?^inth!WVX`\[adl,!egZ FOG program. Commissioner Linton seconded the motion. The motion to deny the request carried 9:0. 10) PZ2023-85 : Request for a Specific Use Permit to allow a Recreational Vehicle Park in the GC-MD-2 (General Commercial Multiple Family Dwelling-2) District p Applicant: Arwah Alkahtani Location: 550 Pinchback Road Mrs. Engman presented the staff report. Arwah Alkahtani is requesting a Specific Use Permit to allow an RV (Recreational Vehicle) Park at 550 Pinchback Road. The development will consist of sixty-five (65) to seventy-five (75) pads with water, electricity and sewage hook-ups. Security measures will include cameras throughout the Park and constant monitoring of the property. The RV Park will be open 24 hours a day all year-round. The business operating hours will be Monday through Friday, 8:00 a.m. to 5:00 p.m., and Saturday, 9:00 a.m. to 2:00 p.m., with one on-site manager. Per the is considered to be located in a ?^inth!?dbegZ\]Zch^kZ!LaVc,!i\]Z!egdedhZY!YZkZadebZci! Stable Area. Such areas are built up areas characterized by good to excellent structural conditions, blight-free neighborhoods, and vacant parcels which may exist are good to excellent development sites. This proposal appears to be consistent to the Comprehensive Plan of Beaumont. Slides of the site plan and subject property were shown. The Planning staff recommended approval of this request with the following conditions: 1. O\]Vaa!WZ!^c!Xdbea^VcXZ!l^i\]!OZXi^dc!24.06.008!I^c^bjb!hiVcYVgYh!\[dg!ineZ!r?s! recreational vehicle park. 2. Shall be in compliance with Section 28.04.006 Landscaping and screening requirements. 3. Shall provide directional lighting to reflect away from residential properties to the south. 4. Construction plans must meet all requirements by Water Utilities for any water and sanitary -treatment and/or ^begdkZbZcih,!^cXajY^c\\!Vcn!gZfj^gZbZcih!d\[!i\]Z!?^inth!WVX`\[adl,!egZ FOG program. 5. No permanent structure or appurtenances shall be placed within the easement property, including RV stalls. 6. Water and sewage crossings and separations shall follow all Texas Commission on Environmental Quality (TCEQ) standards. 55$ $ Planning Commission $$$ March 20, 2023 7. 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 Atlas 14 rainfall data. The site may drain to the Amelia Cutoff ditch to the west with an approved Storm Pip Tie-In Permit, per Drainage District 6. 8. A topographic survey must be completed to show which direction the existing ditch is flowing to avoid negatively impacting the surrounding properties. No water from the developed site shall drain onto neighboring properties, per Drainage District 6. Twenty-nine (29) notices were mailed to property owners within two hundred (200) feet of the subject property. One (1) response was received in favor and one (1) was received in opposition. Mrs. Engman explained that the property owner in opposition stated that there is very limited access from the street. The individual owns property across the street and also a home to the south of the proposed Recreational Vehicle Park. Brief discussion followed concerning the location of the house on the property and landscaping requirements as outlined in proposed Conditions 1 and 2. Also discussed was future expansion of the right side of the property, which would require an Amended Specific Use Permit. The applicant was present. Arwah Alkahtani of Manazil Holdings, LLC, 7203 Mayapple Grove Lane, Katy, Texas addressed the Commission. Ms. Alkahtani th!Wjh^cZhh!eVgicZgh!A\[gV^c!=naadc,! Rawan Alsagheer and Lugmaan Bradford, all of 7203 Mayapple Grove Lane, Katy, Texas were also present. Mr. Ayllon stated that there are no current plans to develop the property to the south of the residence. He also stated that DD6 owns the tract of land along the roadway and a buffer exists between the property and the roadway. He further stated that the property can be accessed either north or south of Pinchback Road, with discussion following concerning access to the rear of the property. Rawan Alsagheer stated that rental pricing has not been established at this time. Surrounding RV Parks have been researched and monthly rental fees are projected to be $400-$480/month or more, and $60-$80/night, with a required two night minimum stay. She further stated that all tenants will go through proper screening prior to rentals being booked. Tenants will also be required to follow set rules and guidelines. Ms. Alsagheer also stated that she does not want the RV Park to disturb surrounding neighbors. Mr. Ayllon explained that Trailer Parks consist of immovable homes and RV Parks consist of Recreational Vehicles. The proposed Park will not have fixed structures on the property. Ms. Alsagheer stated that requirements will be established concerning the type of RV that will be allowed to stay on the property. Older RV models (2012 or older) or NRth!cdi!lZaa!bV^ciV^cZY! will not be allowed on the property in order to maintain the reputation of the Park and the surrounding neighborhood. Ms. Alsagheer further stated that the Park will have one central water meter, not individual water meters. Further discussion followed concerning City Ordinances relating to water meters. Discussion also followed concerning the Class of Recreational Vehicles that will be allowed on the property. 56$ $ Planning Commission $$$ March 20, 2023 Ms. Alsagheer stated that an on-site Manager will be located at the Park during business hours. Online services will also be accessible for emergencies, along with a telephone number and a website will be available for questions to be answered. She further stated that monitored security cameras will also be located on the property. Mr. Ayllon stated that their research of other RV Parks indicates that an on-site Manager usually resides on the property. They exchange the rental of an RV space for security and managerial services along with a salary for such services. Mr. Ayllon indicated that the research is based upon having stayed at a number of RV Parks in the Houston and Beaumont areas. Ms. Alsagheer stated that there is no maximum time in which a rental can remain on the property, however, six (6) month leases will be available with an option to renew for an additional six (6) month term. Long term leases will not be allowed. She further stated that they have no prior experience owning or operating an RV Park. Brief discussion followed concerning access to the property from Pinchback Road due to the narrow roadway, railroad tracks and length of Recreational Vehicles. Mr. Ayllon stated that they plan to widen the entrance and exit driveways to increase the turn radius. The public hearing on this item was opened. Joey Livesay and Jill Livesay, 5370 Hwy 326 N. Kountze, Texas addressed the Commission. Mr. Livesay stated that they are homeowners of the residence located in the center of the proposed RV Park and also the business located across the street, being 645 Pinchback, 670 Pinchback, and 685 Pinchback. y will obstruct traffic to the DZ!^h!XdcXZgcZY!i\]Vi!NRth!ZciZg^c\\!VcY!Zm^i^c\\!i\]Z!egdeZgi business. Jill Livesay stated that they have worked hard with the neighboring Day Care facility and local residents to reduce walking traffic and drug activity in the area of their business. She further stated that the proposed Park is not a true Recreational Park in the sense that there are no recreational activities offered on site. She also stated that she is concerned criminal activity will return to the area. Mrs. Livesay further stated that she is opposed to the proposed RV Park because it will not be good for the community. Courtney Lynch,and Arlene Coleman (Owner) of World of Color Development Center, 780 Pinchback Road, Beaumont, Texas addressed the Commission. Ms. Lynch stated that previous walking traffic and criminal activity existed in the area. She further stated that there will be excessive traffic and wear-and-tear of the busy, narrow roadway due to the proposed RV Park. Ms Lynch also stated concerns relating to sewage, safety due to the railroad tracks, and screening of tenants utilizing the RV Park. The applicants were given an opportunity to speak in rebuttal. Mr. Ayllon stated that they are not aiming to retain long-term renters, all individuals will be vetted and must follow standards set forth by the RV Park. He further stated that RV owners travel with children and pets and would like to promote business for the neighboring pet resort and day care facility. 57$ $ Planning Commission $$$ March 20, 2023 Ms. Alsagheer stated that there is not much traffic on the Pinchback. She further stated that the majority of RV tenants will consist of workers that want to be close to restaurants and other local amenities. She also stated that full-time security and a full-time Manager will be on site. Ms. Alsagheer added that the property is currently under contract for purchase. Mr. Ayllon stated that they are aiming for a safe and secure place for RV owners to stay. The public hearing was closed on this item. Commissioner Javed moved to approve the request for a Specific Use Permit to allow a Recreational Vehicle Park in the GC-MD-2 (General Commercial Multiple Family Dwelling-2) p District, as requested in PZ2023-85, with the following eight conditions recommend by Staff and additional condition number nine: 1. O\]Vaa!WZ!^c!Xdbea^VcXZ!l^i\]!OZXi^dc!24.06.008!I^c^bjb!hiVcYVgYh!\[dg!ineZ!r?s! recreational vehicle park. 2. Shall be in compliance with Section 28.04.006 Landscaping and screening requirements. 3. Shall provide directional lighting to reflect away from residential properties to the south. 4. Construction plans must meet all requirements by Water Utilities for any water and sanitary , pre-treatment and/or ^begdkZbZcih,!^cXajY^c\\!Vcn!gZfj^gZbZcih!d\[!i\]Z!?^inth!WVX`\[adl FOG program. 5. No permanent structure or appurtenances shall be placed within the easement property, including RV stalls. 6. Water and sewage crossings and separations shall follow all Texas Commission on Environmental Quality (TCEQ) standards. 7. 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 Atlas 14 rainfall data. The site may drain to the Amelia Cutoff ditch to the west with an approved Storm Pip Tie-In Permit, per Drainage District 6. 8. A topographic survey must be completed to show which direction the existing ditch is flowing to avoid negatively impacting the surrounding properties. No water from the developed site shall drain onto neighboring properties, per Drainage District 6. 9. Shall have full-time security on-site. Commissioner Jabbar seconded the motion. The motion to approve the request carried 6:3 (Makin, Linton, and Noyola). 58$ $ Planning Commission $$$ March 20, 2023 11) PZ2023-89 : Request for an Amended Specific Use Permit to allow restaurants, professional offices and retail stores in the GC-MD-2 (General Commercial Multiple p Family Dwelling-2) District Applicant: Phuc Nhat Le Location: 4515 N. Major Drive Mrs. Engman presented the staff report. Dr. Phuc Nhat Le is requesting an Amended Specific Use Permit to allow restaurants, professional offices and retail stores in a new retail shopping center located at 4515 N. 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 23,080 square feet of retail space. In April of 2021, 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, Dr. Lee would like to eliminate the residential development and move forward with an 8,675sqft retail shopping center. The location of driveways is subject to approval of TXDOT. Any substantial changes to the site plan resulting from driveway approval may necessitate additional review of the plan via the Specific Use Permit process. Slides of the site plan and subject property were shown. The Planning staff recommended approval of the request with the following conditions: 1. Construction plans shall comply with all applicable Building Codes and Fire requirements. 2. Construction plans must meet all requirements by Water Utilities for water and sanitary -flow, pre-treatment and/or hZlZg!hZgk^XZh,!^cXajY^c\\!Vcn!gZfj^gZbZcih!d\[!i\]Z!?^inth!WVX` 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 Atlas 14 rainfall data, per Drainage District 6. Nine (9) notices were mailed to property owners within two hundred (200) feet of the subject property. Zero (0) responses were received in favor and zero (0) were received in opposition. The applicant was present. Dr. Phuc Nhat Le, 11100 Breeana Court, Beaumont, Texas addressed the Commission. Dr. Le stated that he would like to develop a commercial building consisting of restaurants, professional office and retail stores. The applicant approves of the conditions recommended by staff. The public hearing on this item was opened and closed without comment. 59$ $ Planning Commission $$$ March 20, 2023 Commissioner Jabbar moved to approve the request to allow restaurants, professional offices and retail stores in the GC-MD-2 (General Commercial Multiple Family Dwelling-2) District, as p requested in PZ2023-89, with the following conditions: 1. Construction plans shall comply with all applicable Building Codes and Fire requirements. 4. Construction plans must meet all requirements by Water Utilities for water and sanitary -flow, pre-treatment and/or hZlZg!hZgk^XZh,!^cXajY^c\\!Vcn!gZfj^gZbZcih!d\[!i\]Z!?^inth!WVX` FOG program. 5. 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 Atlas 14 rainfall data, per Drainage District 6. Commissioner Noyola seconded the motion. The motion to approve the request carried 9:0. 12) PZ2023-90 : Request for an Amended Specific Use Permit to allow a residential care facility in the RM-H (Residential Multiple FamilyHighest Density) District q Applicant: Faust Engineering for H.O.W. Center Location: 1094-1098 Cottonwood Street Mrs. Engman presented the staff report. Faust Engineering and Surveying, Inc. is requesting approval of an Amended Specific Use Permit to allow a residential care facility located at 1094- 1098 Cottonwood Street. The site will be used for a dormitory, office space and parking lot for the H.O.W. Center. The H.O.W. Center is a facility offering room and board for men with substance abuse problems. The H.O.W. Center is a 501(c)(3) and is governed by a Board of Directors. an increase in the size of an OZXi^dc!28.04.006!d\[!i\]Z!?^inth!aVcYhXVe^c\\!dgY^cVcXZh!hiViZh,!r existing parking lot by twenty-five (25) percent in the number of parking spaces or more shall require the entire parking lot, in addition to the twenty-five (25) percent expansion, to be brought into compliance with this section submitted site plan appears to comply with this regulation. .s!!P\]Z Slides of the site plan and subject property were shown. The Planning staff recommends approval of the request with the following conditions: 1. Construction plans shall comply with all applicable Building and Fire Code and requirements. 2. Construction plans must meet all requirements by Water Utilities for water and sanitary -flow, pre-treatment and/or hZlZg!hZgk^XZh,!^cXajY^c\\!Vcn!gZfj^gZbZcih!d\[!i\]Z!?^inth!WVX` FOG program. 3. Sanitary sewer line shall be tied to the City line located in the alleyway or to Cottonwood Street. 5:$ $ Planning Commission $$$ March 20, 2023 Twenty-seven (27) notices were mailed to property owners within two hundred (200) feet of the subject property. Three (3) responses were received in favor and two (2) were received in opposition. Mrs. Engman explained that the property owners in opposition stated that the proposed residential care facility is too close to the neighborhood and will bring down property values; no more rehab facilities in the neighborhood; no more family homes for the community; and, children need not be concerned about neighbors. Brief discussion followed concerning the location of the H.O.W. Center building on the property. The applicant was present. Richard Faust of Faust Engineering, on behalf of the H.O.W. Center, 550 Eastex Freeway, Suite O, Beaumont, Texas addressed the Commission. Mr. Faust stated that the H.O.W. Center would like to construct a new dormitory and office space and explained the purpose of the H.O.W. Center. Daniel James, Executive Director of the H.O.W. Center, 2509 Cable Avenue, Beaumont, Texas addressed the Commission. Mr. James stated that H.O.W. is an acronym for Honesty, Openness, and Willingness, the three essentials for recovery. He further stated that H.O.W. has requested to construct a dormitory to house up to 50 individuals. The facility currently houses 28-29 individuals. Mr. James further stated that neighboring property owners are in favor of the request and the facility will be available to neighboring property owners in the event of a natural emergency. He also stated that there have been no complaints from neighbors or police. The facility houses non-violent, non-sex offender status individuals. He additionally stated that the facility is monitored with security cameras 24/7, has an on-site Manager, and full-time kitchen staff. Mr. James further stated that the Center tries to be an asset to the community. Mr. James has thirty-three years of service assisting individuals with addiction and H.O.W. has an 88% success rate. The public hearing on this item was opened. Louis Bryant, 2440 Cable Avenue, Beaumont Texas addressed the Commission. Mr. Bryant stated that he is opposed to the request due to concerns relating to opening a rehab facility in a residential neighborhood, property values in the area, and threats of security that a rehab facility can bring to a neighborhood. He further stated that residents of the rehab facility have court-ordered parole mandates. Mr. Bryant stated that the new structure will be the second building located within 100 feet of neighboring homes and within ten feet of one residence occupied with school age children. He further stated that the area is a haven for drug activity and other crimes that could possibly attract the residents of the Center. Mr. Bryant asked the Commission to YZcn!i\]Z!Veea^XVcith! request. The applicant was given an opportunity to speak in rebuttal. Mr. James stated that none of the residents have been court-ordered to attend the H.O.W. Center, everyone is there on a volunteer basis by going through an application process, interview, and stringent background check. He further stated that the main concern of the H.O.W. Center is to assist its residents in rehabilitation and becoming productive citizens, along with protecting the integrity of the local citizens by being a good steward and neighbor. 5<$ $ Planning Commission $$$ March 20, 2023 The public hearing on this item was closed. Commissioner Noyola moved to approve the request for a Specific Use Permit to allow a residential care facility in the RM-H (Residential Multiple Family-Highest Density) District, as requested in PZ2023-90, with the following conditions: 1. Construction plans shall comply with all applicable Building and Fire Code and requirements. 2. Construction plans must meet all requirements by Water Utilities for water and sanitary -flow, pre-treatment and/or hZlZg!hZgk^XZh,!^cXajY^c\\!Vcn!gZfj^gZbZcih!d\[!i\]Z!?^inth!WVX` FOG program. 3. Sanitary sewer line shall be tied to the City line located in the alleyway or to Cottonwood Street. Commissioner Beatty seconded the motion. The motion to approve the request carried 8:0 (Commissioner Jabbar stepped out of Council Chambers and did not vote). 13) PZ2023-92 : Request to Rezone a portion of property from GC-MD (General Commercial -Multiple Family Dwelling) District to RM-H (Residential Multiple Family-Highest Density) District Applicant: Zach Rowe for Dr. John Adolph with Antioch Missionary Baptist Church Location: East of 3920 W. Cardinal Drive Mrs. Engman presented the staff report. Zach Rowe, on behalf of Dr. John Adolph with Missionary Baptist Church, is requesting a zone change to an 8.26 acre portion of property located east of 3920 W. Cardinal Drive. They would like to rezone the property from GC-MD (General Commercial Multiple Family Dwelling) to RM-H (Residential Multiple Family Highest pp Density). If granted, the property owner will use the portion of land to develop a new subdivision to accommodate thirty (30) new residential lots, tennis court, basketball court and playground. =XXdgY^c\\!id!djg!?^inth!?dbegZ\]Zch^kZ!LaVc!i\]Z!egdeZgin!^h!adXViZY!l^i\]^c!i\]Z!r?dchZgkVi^dc!VcY! built up areas where a significant portion of the area is NZk^iVa^oVi^dc,s!VgZV.!!OjX\]!VgZVh!VgZ!r experiencing influences such as incompatible land uses, dilapidated infrastructure, and a decline in population and in the number of housing units and businesses. Immediate actions are needed This request A<!=?2C2:A!0<:A6:B21!12A2?6<?.A6<:!.:1!A<!?2C2?@2!.:1!?2=.6?!A5<@2!0<:16A6<:@)H! appears to align with ou g!?^inth!?dbegZ\]Zch^kZ!LaVc!d\[!>ZVjbdci!VcY!V!k^VWaZ!YZkZadebZci!eaVc! to aid neighborhood growth to this area. Slides of the site plan and subject property were shown. The Planning staff recommended approval of the request. 5=$ $ Planning Commission $$$ March 20, 2023 Thirteen (13) notices were mailed to property owners within two hundred (200) feet of the subject property. Three (3) responses were received in favor and zero (0) were received in opposition. The applicant was present. Zach Rowe of Whiteley Oliver, on behalf of Dr. John Adolph with Missionary Baptist Church, 3250 Eastex Freeway, Beaumont, Texas addressed the Commission. Mr. Rowe stated that the homes in the proposed neighborhood will be approximately 2,000 sq. ft. in size. The public hearing on this item was opened. Commissioner Javed stated he will be abstaining from the vote on this item as he owns property adjacent to Antioch Missionary Baptist Church. He further stated that the Church has been a good neighbor and he is in favor of the request. Commissioner Jabbar abstained from voting as a family member owns property adjacent to Antioch Missionary Baptist Church. The public hearing on this item was closed. Commissioner Senigaur moved to approve the request to Rezone a portion of property from GC- MD (General Commercial-Multiple Family Dwelling) District to RM-H (Residential Multiple Family-Highest Density) District, as requested in PZ2023-92. $ Commissioner Makin seconded the motion. The motion to approve the request carried 7:0:2 (Javed and Jabbar). 14) 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, L.L.C. Location: 3100 N. Major Drive Mrs. Engman presented the 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 at 3100 N. Major Drive. The development site affected will be the portion of the property zoned as GC-MD-2. In February of 2017, Council approved a Specific Use Permit to allow a 37,750 sq. ft. retail shopping center with 216 parking spaces. The proposed tenants included retail shopping, offices and restaurants. In February of 2023, the developer applied for a building 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 it may move forward with development of the Westchase Shopping Center. 5>$ $ Planning Commission $$$ March 20, 2023 It should be noted, the location of driveways and sidewalks is subject to approval of TXDOT. Any substantial changes to the site plan resulting from the driveway approval may necessitate additional review of the plan via the Specific Use Permit process. Slides of the site plan and subject property were shown. The Planning staff recommended approval of the request with the following conditions: 1. Construction plans shall comply with all applicable Building and Fire Code and requirements. 2. Construction plans shall comply with 28.04.006 Landscaping and screening requirements . VcY!^chiVaa!V!5t!l^YZ!Vadc\\!IV_dg!@g^kZ!\[gdb!egdeZgin!a^cZ!id!egdeZgin!a^cZ 3. Construction plans must meet all requirements by Water Utilities for water and sanitary -flow, pre-treatment and/or hZlZg!hZgk^XZh,!^cXajY^c\\!Vcn!gZfj^gZbZcih!d\[!i\]Z!?^inth!WVX` FOG program. 4. Directional lighting shall be installed to reflect away from the residences located off Village Drive, south of the proposed development. 5. Utility plan shall show the location of the required fire hydrants. Thirteen (13) notices were mailed to property owners within two hundred (200) feet of the subject property. Three (3) response were received in favor and zero (0) were received in opposition. Mrs. Engman explained that one property owner in favor of the request stated that he has no objection to the request if the Developers replace the back fence and clear brush & shrub adjacent to his property. A representative of the applicant was present. Hani Tohme of Golden Triangle Consulting Engineers, on behalf of Zulag Properties, 85 I-10 Frontage Road, Suite 204-A, Beaumont, Texas addressed the Commission. Dr. Tohme explained the purpose of the project and stated that the drainage issue will be addressed with City staff and DD6. The public hearing on this item was opened and closed without comment. Commissioner Jabbar moved to approve the request 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, as requested in PZ2023-108, with the following conditions: $$ $ 1. Construction plans shall comply with all applicable Building and Fire Code and requirements. 2. Construction plans shall comply with 28.04.006 Landscaping and screening requirements and install V!5t!l^YZ!Vadc\\!IV_dg!@g^kZ!\[gdb!egdeZgin!a^cZ!id!egdeZgin!a^cZ.! 64$ $ Planning Commission $$$ March 20, 2023 3. Construction plans must meet all requirements by Water Utilities for water and sanitary -flow, pre-treatment and/or hZlZg!hZgk^XZh,!^cXajY^c\\!Vcn!gZfj^gZbZcih!d\[!i\]Z!?^inth!WVX` FOG program. 4. Directional lighting shall be installed to reflect away from the residences located off Village Drive, south of the proposed development. 5. Utility plan shall show the location of the required fire hydrants. Commissioner Javed seconded the motion. The motion to approve the request carried 9:0. OTHER BUSINESS None. THERE BEING NO OTHER BUSINESS, THE MEETING ADJOURNED AT 5:05 P.M. 65$ $