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HomeMy WebLinkAbout1-23-23 PC Minutes * M I N U T E S * JOINT PUBLIC HEARINGS PLANNING COMMISSION CITY COUNCIL City Council Chambers January 23, 2023 A Joint Public Hearing of the Planning Commission and City Council was held on January 23, 2023 and called to order at 3:01 p.m. with the following members present: Commission Members present: Acting Chair Lynda Kay Makin Commissioner Hamza Jabbar Commissioner Shawn Javed Commissioner Darius Linton Commissioner Tom Noyola Commissioner Taher Quraishi Commission Members absent: Chairman Sina Nejad Commissioner Johnny Beatty Commissioner Sandy Pate Alternate Commissioner Erika Harris Alternate Commissioner Eddie Senigaur Alternate Commissioner Rogers Sorrell Jr. Councilmembers present: Mayor Robin Mouton Mayor Pro-Tem Chris Durio Councilmember Randy Feldschau Councilmember Mike Getz Councilmember Audwin Samuel Also present: Chris Boone, Assistant City Manager, Community Services Demi Engman, Planning Manager Sharae Reed, City Attorney Susan Smith, Recording Secretary APPROVAL OF MINUTES Commissioner Noyola moved to approve the minutes of the Joint Public Hearings held on December 19, 2022. Commissioner Javed seconded the motion. The motion to approve the minutes carried 6:0. 1 $ Planning Commission $$$ January 23, 2023 REGULAR MEETING 1) PZ2022-489: Request for approval of a Replat of Lots 8-11, Block 33, Arlington Addition into Tract 8-A Addition, Beaumont, Jefferson County, Texas. Applicant: Randall A. Creel of Soutex Surveyors & Engineers Location: 810 & 820 Madison Avenue Mrs. Engman presented the staff report. Randall A. Creel of Soutex Surveyors & Engineers, has requested approval of the Replat of Lots 8-11, Block 33, Arlington Addition into Tract 8-A Addition, Beaumont, Jefferson County, Texas. The property is located at 810 Madison Avenue. The purpose of the plat is to combine all lots into one. Combining the lots will give the property owner the right to place an accessory structure where they would like, subject to setback requirements and easements. Slides of the subject property and proposed plat were shown. The Planning staff recommended approval of the request with the following condition: 1. No structure or appurtenances shall be placed within the easement property. The City will not be responsible for any surface restoration when sewer repairs or taps are necessary within the city of Beaumont utility easement. Fifty (50) 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. A representative of the applicant was present. Richard Faust of Faust Engineering and Surveying, 5550 Eastex Freeway, Suite O, Beaumont, Texas addressed the Commission. He stated that four lots are being combined into one large tract. The public hearing on this item was opened and closed without comment. Commissioner Javed moved to approve the request for a Replat of Lots 8-11, Block 33, Arlington Addition into Tract 8-A Addition, Beaumont, Jefferson County, Texas, as requested in PZ2022- 489, with the following condition: 1. No structure or appurtenances shall be placed within the easement property. The City will not be responsible for any surface restoration when sewer repairs or taps are necessary within the city of Beaumont utility easement. Commissioner Jabbar seconded the motion. The motion to approve carried 6:0. 2) PZ2022-512: Request for approval of a Preliminary Plat of Faith Estates, Section 1, Beaumont, Jefferson County, Texas. Applicant: Aaron Ward of Faust Engineering & Surveying, Inc. Location: The 5000 block of Plant Road 6$ $ Planning Commission $$$ January 23, 2023 Mrs. Engman presented the staff report.Aaron Ward of Faust Engineering and Surveying, Inc., $ has requested Preliminary Plat approval of Faith Estates Section 1. The development is located south of Plant Road and west of Helbig Road. The 8.26 acre development is a thirty-three (33) lot residential subdivision in the R-S (Residential Single-Family Dwelling) zoning District. Grace -of- CP\]T!P\]S!GTPRT!JcaTTc!fX\[\[!WPeT!2,l!aXVWcfPhb!fXcW!\]^!\[Tbb!cWP\]!/3l!X\]!_PeT\\T\]c!fXScW*!=Pe^a! Stree-of- c!fX\[\[!WPeT!P!1,l!aXVWcfPh!fXcW!\]^!\[Tbb!cWP\]!.3l!X\]!_PeT\\T\]c!fXScW*!8^cW!>aPRT!CP\]T!P\]S! Favor Street will access Plant Road. Water and sewer will be provided by extension of City utilities. The preliminary plat of Faith Estates was reviewed by Planning Commission previously on September 19, 2022. This plat was approved with conditions at the time, however, between approval of the preliminary plat and the time construction drawings were received, revisions had been made by Faust Engineering. Those changes included the width of the right-of-way for Favor JcaTTc!c^!QT!aTSdRTS!Ua^\\!2,l!c^!1,l!P\]S!cWT!aT\\^eP\[!^U!C^c!-(!8\[^RZ!-!^U!cWT!N^^S\[P\]Sb!DTPS^fb! Section One from the platted area. With such changes made, the plat must be reviewed again by the Planning Commission. As Grace Lane and Peace Street will extend less than two hundred (200) feet beyond Favor Street, a temporary cul-de-sac waiver has been requested by Faust Engineering. Section 26.03.002(8)(B) states, orary cul-de-sac requirements for dead-end QP4>:!EA6CC?C=!8DBB?HH?DC!B6N!L6?K:!I:BE streets when the street is less than two hundred (200) feet in length. k!7SSXcX^\]P\[\[h(!cWT!_aT\[X\\X\]Pah! master plan shows that Grace Lane and Peace Street will be extended to connect Section 2 of Faith Estates subdivision in the future. -of-way and pavement width =Pdbc!<\]VX\]TTaX\]V!WPb!_a^_^bTS!=Pe^a!JcaTTc!c^!WPeT!P!1,l!fXST!aXVWc ^U!/3l!aTSdRX\]V!S^f\]!c^!.3l!Ua^\\!G\[P\]c!I^PS!c^!GTPRT!JcaTTc6!Pb!bdRW!cWTh!aT`dTbc!P!fPXeTa!c^!cWT! minor collector street requirement for said portion of Favor Street. Section 26.03.002(4) states, -four (64), but less than four hundred fifty (450) dwelling units, QP2!HIG::I!H:GK?C=!BDG:!I>6C!H?MIN shall be a minor collector street with a right-of-way of no less than sixty (60) feet and a thirty-six- foot face of curb to face of curb. k Slides of the subject property and site plan were shown. Planning staff recommended approval of the request with the following conditions: 1. The applicant shall submit to Engineering a revised master plan and master drainage plan. 2. All abbreviations, reserves, easements and relative information must be defined on the plat adhering to Centerpoint Energy requirements. Brief discussion followed concerning the purpose of the applicant returning to the Commission for approval of the preliminary plat. A representative of the applicant was present. Richard Faust of Faust Engineering & Surveying, Inc., 5550 Eastex Freeway, Suite O, Beaumont, Texas addressed the Commission. He stated that the access road on the right hand side of the subdivision was originally platted when the subdivision to the north was created. It is limited to a fifty foot right-of-way because &1,l'! 7$ $ Planning Commission $$$ January 23, 2023 individual ownership exists on either side of the access road. The public hearing on this item was opened. Carlton Sharp, 150 Plant Road, Beaumont, Texas stated that he is in favor of the project. The public hearing on this item was closed. Commissioner Jabbar moved to approve the request for approval of a Preliminary Plat of Faith Estates, Section 1, Beaumont, Jefferson County, Texas, as requested in PZ2022-512, with the following conditions: 1. The applicant shall submit to Engineering a revised master plan and master drainage plan. 2. All abbreviations, reserves, easements and relative information must be defined on the plat adhering to Centerpoint Energy requirements. Commissioner Noyola seconded the motion. The motion to approve carried 6:0. 3) PZ2022-513: Request for approval of a Preliminary Plat of Spring Wood, Section 4, Beaumont, Jefferson County, Texas. Applicant: Aaron Ward of Faust Engineering & Surveying, Inc. Location: 6445 Alexis Street Mrs. Engman presented the staff report. Faust Engineering & Surveying, Inc. is requesting Preliminary Plat approval for Spring Wood, Section 4. The project is located within the City of Beaumont at the northwest end of Alexis Street, northwest of RFD Road. The development is a 4.63-acre, sixteen (16) lot, single family, residential subdivision. Rachel Lane, a residential street, -of- fX\[\[!WPeT!P!1,l!aXVWcfPh!P\]S!.3l!fXST!_PeT\\T\]c*!KWT!TgcT\]bX^\]!^U!7\[TgXb(!P!\\X\]^a!R^\[\[TRc^a(! -of-way and 38rovided by extension of fX\[\[!WPeT!P!2,l!aXVWcl!fXST!_PeT\\T\]c*!!LcX\[XcXTb!fX\[\[!QT!_ City of Beaumont water and sewer. The water line at the end of Rachel Lane and Alexis Street should remain on the same side of the Utility a^PSfPh!P\]S!\]^c!Ra^bb!^eTa*!KWT!JdQSXeXbX^\]!FaSX\]P\]RT(!JTRcX^\]!.2*,/*,--!bcPcTb(!j easements and water and sewer facilities shall be provided by the subdivider in accordance with the standards and specifications for minimum water and sanitary sewer requirements on file in the office of the water utilities director for the city. R Slides of the subject property and proposed plat were shown. The Planning staff recommended approval of the request with the following condition: 1. Construction plans must meet all City of Beaumont standards. A representative of the applicant was present. Richard Faust of Faust Engineering & Surveying, Inc., 5550 Eastex Freeway, Suite O, Beaumont, Texas addressed the Commission. No questions fTaT!PbZTS!^U!cWT!P__\[XRP\]clb!aT_aTbT\]cPcXeT* 8$ $ Planning Commission $$$ January 23, 2023 The public hearing on this item was opened and closed without comment. Commissioner Jabbar moved to approve the request for approval of a Preliminary Plat of Spring Wood, Section 4, Beaumont, Jefferson County, Texas, as requested in PZ2022-513, with the following condition: 1. Construction plans must meet all City of Beaumont standards. Commissioner Linton seconded the motion. The motion to approve carried 6:0. JOINT PUBLIC HEARINGS Mayor Mouton called the Joint Public Hearings of January 23, 2023 to order at 3:15 p.m. and explained the purpose of the Joint Public Hearing process. Mayor Mouton then turned the meeting over to Acting Chair Makin to conduct the Joint Public Hearings. 4) PZ2021-321: Request to revoke PZ2021-321, a Specific Use Permit to allow an automotive shop in an NC (Neighborhood Commercial) District. Applicant: City of Beaumont Planning Division Location: 1109 Harriot Street Mrs. Engman presented the staff report.In October of 2021, City Council approved a Specific Use $ Permit to allow an automotive shop at 1109 Harriot Street subject to the following conditions: 1. Maximum of eleven (11) vehicles to be on the property at any given time, including customer and employee parking. 2. All auto repair must be conducted inside the shop. For many years, this property was the location of Eagle Auto Services, a service station. That business no longer appears in the City Directory after 2010. Since that time the property has not been occupied consistently and as it is now zoned NC (Neighborhood Commercial) District, requiring a Specific Use Permit for an automotive shop. Complaints were received due to vehicles parked on the right-of-way, blocking the view of traffic for the intersection of Harriot and Park Streets. The property was found to be in violation as not only was no Certificate of Occupancy on file for the current auto shop, but a Specific Use Permit was needed. Since the approval of the Specific Use permit, the property has remained in violation of both conditions for every inspection. Code Enforcement filed charges for the excess number of vehicles and no Certificate of Occupancy. In February of 2022 the business owner was placed on a 90-day probation for excessive vehicles. In May, both items were brought before the judge at which time the property owner was fined, but violations have continued. Section 28.04.001(h) of the Zoning Ordinance states, Q2!HE:8?<?8!JH:!E:GB?I!B6N!7:!G:KD@:9!DG! modified, after notice and hearing, for either of the following reasons: (1) The specific use permit was obtained or extended by fraud or deception; or 9$ $ Planning Commission $$$ January 23, 2023 (2) That one or more of the conditions imposed by the permit has not been met or has been K?DA6I:9)R Slides of the site plan and subject property were shown. The Planning Staff recommended revocation of the Specific Use Permit based on the fact that the property has remained in violation after multiple warnings by mail, telephone and in person. Twenty-one (21) notices were mailed to property owners within two hundred (200) feet of the subject property. Zero (0) responses were received in favor and two (2) were received in opposition. One notice stated that the property was sold. Mrs. Engman read the second letter in opposition which was a property owner across the street from 1109 Harriot Street. The property ^f\]Ta!Tg_aTbbTS!R^\]RTa\]b!aT\[PcX\]V!c^!faTRZTalb!Ra^bbX\]V!cWTXa!_a^_Tach!P\]S!cWT!_a^_Tach! appearance of a junkyard rather than a mechanic shop. Mrs. Engman was unable to read the remainder of the notice as it was illegible. Brief discussion followed regarding violations imposed upon the property owner and payment of fines, along with confirming the occupant of the property and owner of the property. The business owner was present. Victor Olivares of 3685 Blossom Drive, through his interpreter, addressed the Commission. Mr. Olivares stated that he has owned the business for eight years. He further stated that he has phoned his clients instructing them to pick up their vehicles, but they will not pick them up nor pay for the repairs. This is in violation of his business policy, but he is hesitant to tow the vehicles Ua^\\!WXb!_a^_Tach!QTRPdbT!WT!UTT\[b!cWPc!Xc!Xb\]lc!aXVWc!c^!S^!b^*!?T!P\[b^!bcPcTS!cWPc! he is not accepting any vehicles for repair until the current vehicles are removed from the property. Brief discussion followed regarding the delay in obtaining a Certificate of Occupancy. Mr. Olivares stated that the business did not pass multiple inspections which resulted in a delay in obtaining the Certificate of Occupancy. The public hearing on this item was opened. Victor Cantu of 4625 Prairie Street, Beaumont, Texas on behalf of his mother, Delores Cantu of 4625 Prairie Street, Beaumont, Texas, addressed the Commission. He stated that Delores Cantu is the property owner and manages the property. He further stated that she was unaware of the tenant issues and suggested that it could possibly be due to a language barrier. Mrs. Engman explained that there are two interpreters among the Planning staff, with additional interpreters available within City Hall staff should those in the Planning Department be unavailable. Mrs. Cantu is concerned that the current violations will affect her ability to obtain Specific Use Permits for future tenants. Mrs. Cantu also stated that Mr. Olivares has been a tenant for eight years. She further stated that prior to the current tenant, she and her husband operated a mechanic shop at that same location for approximately twenty years without any problems with the City. Mrs. Cantu then stated that she is unaware if the tenant has paid imposed fines. The occupant was given an opportunity to speak in rebuttal. Mr. Olivares stated that the imposed fines were paid. Mayor Pro-Tem Durio stated that the property is located within his District. He further stated that :$ $ Planning Commission $$$ January 23, 2023 he has received many complaints relating to the number of vehicles on the property and he personally has seen approximately twenty to twenty-five vehicles in different states of repair. The public hearing on this item was closed. Commissioner Quraishi moved to approve the request for revoke PZ2021-321, a Specific Use Permit to allow an automotive shop in an NC (Neighborhood Commercial) District, as requested in PZ2021-321. Commissioner Javed seconded the motion. The motion to approve carried 6:0. 5) PZ2022-510: Request for a Specific Use Permit to allow the expansion of a church in a GC-MD-2 (General Commercial-Multiple-Family Dwelling-2) District. Applicant: Derick Leger Location: 5250 Helbig Road Mrs. Engman presented the staff report. Derick Leger, on behalf of New Faith Holiness Church, Inc., requests a Specific Use Permit to expand the church located at 5250 Helbig Road. The GC- MD-2 zoning district requires a Specific Use Permit for all proposed land uses. Mr. Leger intends to install a premanufactured building for a fellowship hall and increase the size of the parking lot. an increase in the size of an JTRcX^\]!.3*,0*,,2!^U!cWT!9Xchlb!\[P\]SbRP_X\]V!^aSX\]P\]RTb!bcPcTb(!j 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 *k!!KWT!W^dab!^U!^_TaPcX^\]!fX\[\[!QT!NTS\]TbSPhb!Ua^\\!25/,!P*\\*!c^! 9:00 p.m., Thursdays from 9:00 a.m. to 2:00 p.m., and Sundays from 10:30 a.m. to 2:00 p.m. Slides of the subject property and site plan were shown. Staff recommended approval of the request with the following conditions: 1. Construction plans must meet all requirements by Water Utilities for any water and - bP\]XcPah!bTfTa!X\\_a^eT\\T\]cb(!X\]R\[dSX\]V!P\]h!aT`dXaT\\T\]cb!^U!cWT!9Xchlb!QPRZU\[^f(!_aT treatment, and/or F.O.G. program. 2. Construction plans shall be in compliance with Section 28.04.006 Landscaping and screening requirements 3. Construction plans must meet all Building Codes requirements. Thirty-one (31) 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. Derick Leger, Proper Remodels and Construction, LLC, on behalf of New Faith Holiness Church, Inc., 3180 Guthrie Road, Suite A, Beaumont, Texas addressed the Commission. The owner approves of the conditions recommended by staff. <$ $ Planning Commission $$$ January 23, 2023 The public hearing on this item was opened. Phillip Battles, 9285 Riggs Street, stated that he is in favor of the Specific Use Permit. The public hearing on this item was closed. Commissioner Quraishi moved to approve the request for a Specific Use Permit to allow the expansion of a church in a GC-MD-2 (General Commercial-Multiple-Family Dwelling-2) District, as requested in PZ2022-510, with the following conditions: 1. Construction plans must meet all requirements by Water Utilities for any water and sa- \]XcPah!bTfTa!X\\_a^eT\\T\]cb(!X\]R\[dSX\]V!P\]h!aT`dXaT\\T\]cb!^U!cWT!9Xchlb!QPRZU\[^f(!_aT treatment, and/or F.O.G. program. 2. Construction plans shall be in compliance with Section 28.04.006 Landscaping and screening requirements 3. Construction plans must meet all Building Codes requirements. Commissioner Noyola seconded the motion. The motion to approve carried 6:0. OTHER BUSINESS None. THERE BEING NO OTHER BUSINESS, THE MEETING ADJOURNED AT 3:40 P.M. =$ $