HomeMy WebLinkAboutApril 2023 PC Packet*AGE N DA*
PLANNING COMMISSION
April 17, 2023
REGULAR MEETING
PLANNING COMMISSION
15t Floor Conference Room,, Ste. 130, CitV Hall, 801 Main St. — 3:0
JOINT PUBLIC HEARINGS
PLANNING COMMISSION AND CITY COUNCIL
1st Floor Conference Room, Ste. 130, City Hall, 801 Main St. - 3:15 p.m.
The meetings will also be broadcast on the City's YouTube channel:
https://www.youtube.com/channel/UCnY6nNk8zfXZulMglzbwEBg
*A G E N D A *
Pni i rLii i
APPROVAL OF MINUTES
Approval of the minutes of the Meeting held on March 20, 2023.
REGULAR MEETING
1) PZ202.3-50,.* 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.
JOINT PUBLIC HEARING
2) PZ2022-315: Request for a Specific Use Permit to allow swimming lessons in the RS
(Residential Single Family Dwelling) District.
Applicant- Raymond Ford
Location: 4890 Brace Street
3) PZ2023-70: Request for amendments to the Zoning Ordinance concerning the Board of
Adjustment, Section 28.02.005(3)(B).
Applicant: City of Beaumont
4) PrZ2023-83: Request for an Amended Specific Use Permit to expand a parking lot in the GC-
&4D'2 (General Oornrnercia|— K4ub)p|e Family Dwelling-2) District.
Applicant: John Wilson
Location: 1350VV. Lucas Drive
5\ : Request for aSpecific Use Permit toallow acarpentry business inthe GC -MD
(General Commercial —Multiple Family Dwelling) District.
AopUcant-JaverRa|da
Location: 1009 Orange Avenue
6) Request for aSpecific Use Permit toallow agaming facility inthe GC -MD
(General Commercial —Multiple Family Dwelling) District.
Applicant: FayyazAhmed
Location: 2560 Interstate 10 Fast
7\ : Request for aSpecific Use Permit toallow agaming facility inthe GC -MD
(General Commercial — Multiple Family Dwelling) District.
Applicant: Kh 'aHussainandBUchk/Pharn
Location: 3010 Washington Boulevard
OTHER BUSINESS
ADJOURN
Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or
services are requested tocontact Chris Catalina atO8O'3777.
M I N U T E S
JOINT PUBLIC HEAIUNGS
PLANNING COMMISSION
CITY COUNCIL
City Council Chambers
March 20, 2023
A Joint Public Hearing of the Plaiming Commission and City Council was held on March 20, 2023
and called to order at 3 -E 12 p.m. with the following members present:
Commission Members present: Chairman Sina Nejad
Commissioner Joluuiy Beatty
Commissioner Ham Jabbar*left at 4:52 & returned at 4-54
Commissioner Spcnecr Jabbia
Commissioner Shawn Javed
Commissioner Darius Linton
Commissioner Lynda Kay Makin
Commissioner Ton-i Noyola
Commissioner Eddie Scnigaur
Alternate Commissioner Rogers Sorrell Jr.
Commission Members absent: Alternate Commissioner Erika Harris
Councilmembers present: Mayor Pro-Tem Chris Divio
Councilmember Randy Feldschau
Councilmember Mike Getz
Coiincilmeniber Taylor Neild
Councilmember AEdwin Samuel
Also present-. Kenneth R. Williams, City Manager
Chris Boone, Assistant City Manager, Corm-nunity Services
Denn Engman, Planning Manager
Elayna Luckey, Planner I
'Fom Duesler, Senior Assistant City Attorney
Molly Villarreal, City Engineer
Susan Smith, Recording Secretary
Planning Commission
March 20, 2023
APPROVAL OF MINUTES
Commissioner Beni our nioved to approve the minutes of the Joint Public Hearings held on
February 20, 2023. Commissioner Noyola seconded the motion. "I'lie motion to approve the
minutes carried 9:0.
OTHER BUSINESS
Chairman Nejad welcomed Commissioner Spencer Jabbia to the Commission.
REGULAR MEE,ING
1) PZ2023-25: Request to approve a eplat of Lots 2 and 3, Amended Stephenson
Addition No. I into Lots 2-A and Lot 3-A, Amended Stephenson Addition No. I
Beaumont, Jefferson County, Texas
Applicant: Access Survcyors
Location: 1070 and 1080 AsIfley Avenue
Mrs. Engman presented the staff report. Access Surveyors has requested approval of a Replat of
Lots 2 and 3, Amended Stephen on Addition No. I 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 subj cet
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
comnion 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, An-lended.
Stephenson Addition No. I into Lots 2-A and Lot 3-A, Amended Stephenson Addition No. 1, as
requested in PZ2023-25.
Commissioner Makin seconded the ii-iotion. 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
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Planning Commission
March 20, 2023
Mrs. Engnian 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 11 in the A. Houston League Survey Abstract 33 111to Lot 32A, North
Berwick Acres, Beaumont, Jefferson County, Texas
Applicant: Access Surveyors
Location: 495 and 505 N. Maj or Drive
Mrs. Engman presented the staff report. Access Surveyors has requested approval of a Replat of
Lots 3 0-21 , West Oaks Subdivision, Phase I and Tract I and 11 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 oil 495 N. Major
Drive. Scetion 28.02.003(a) of our City's Ordinances states, "No accessory building shall be
permitted in the absence of a main building." This Replat will allow the tracts of land to become
one tract so the owners may place their accessory building in their dcsircd location.
Slides of the proposed replat were shown.
The Plan-ringstaff recommended approval of the request.
Fifty-two (52) notices were mailed to property owners within two hundred (20 feet of the su�ject
property. Four (4) responses were received in favor and fourteen (14) were received in opposition.
Mrs. Enginan stated that one owner in opposition stated that they are the land owner and have
mineral rights. She further stated that all other property owners in opposition simply circled "No"
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.
"IFlie property owners were present. Toby Berwick and Kristin a Bet -wick, 505 N. Major Drive,
Beaumont,, Texas addressed the Commission. Mr. Berwick stated that the accessory building will
be an 80' x 80' metal structure for personal use. He further stated that the structure will be located
15' from the property line of the four lots situated in the Garden Oaks Subdivision.
The public hearing on this item was opened.
Tanya Tamier, 8485 Garden Oaks Drive, Beaumont, Texas addressed the Commission. Ms. Tanner
stated that fourtee n (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.
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Planning Commission
March 20, 2023,
She ftirther 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 Nvere 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 I10A has no objection to
what the property owners do with the property located behind the 15' fence, the Concern is the four
lots situated within West Oaks. West Oaks Subdivision consists of eighty-eight (88) lots being
single fanifly homes, town -homes, and cottage homes. He ftirther 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 suject 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 mvners because she was not aware of their nan-ies and is only aware
of the replat request through the Property Owner Notice received fron-i 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
lie 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 reque.St. 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 encroacluiient 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.
Coy-imissioner Makin moved to approve the request to approve a Replat of Lots 3of West Oaks
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Planning Commission
March 20, 2023
Subdivision, Phase I and Tract I and Tract 11 in the A. Houston League Survey Abstract 33 into
Lot 32A, North Berwick Acres, as requested in PZ2023-81, with the following added condition:
I. Lots 30, 31 and 32 witliIii the West Oaks Subdivision shall not be encroached upoji other
than for access driveway to the property.
Commissioner Jabbar seconded the motion. The inotion to approve the request carried 9-00.
4) PZ2023-87: Request to approve a Replat of a portion of Lot/Block 9, Beauniont.
Irrigating Company Subdivision into Lots 1-3, Beaumont Irrigating Company
Subdivision,, Beaumont, Jefferson County, Texas
Applicant: Access Surveyors
Location: 7695 'Trani Road
Mrs. Engnian 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, Bcaumont
Irrigating Company Subdivision, Beaumont, Jefferson County, T exas. The properties are located
within the RS (Residential Single Family Dwellin ) zoning district. "I"he intent of the plat is to
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divide two (2) tracts of land into thrce (3) tracts.
Slides of the proposed replat were shown.
The Plaiming staff recommended approval of the requcst.
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 conin-tent.
Con-imissioner 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 requcsted 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 Fitt; & Shipman, Inc.
Location: The east end of Kings good 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 11-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
Planning Commission
March 20, 2023
of this year the developer has submitted the plat for re -approval to avoid any delays dLiring the
construction phase.
This 26.52 Acre development will connect Kings good Drive to Minner Drive and consists of 1] 9
residential lots in four (4) separate phases. Street right-of-ways will be fifty (50) feet wide with a
twenty-eiglit (28) foot wide concrete pavement for the nu or collector streets: Trevor'frace, Jane
Drive, and Dahlia Lane.
Slides of the subject property and preliminary plat were shown.
The Plantiing staff recommended approval of the request with the following conditions-.
1. Water mains between two lots must be eased and a 10'exclusive waterline easement shall
be dedicated. If the water main is not eased 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 Beauniont standards.
3. At minimum, fil-e II)Tdrants shall be located every 500' along street frontage.
The applicant was present. Daniel Dotson of Fitt z & Shipn-ian, 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
Kings good Place Subdivision, Phases 11-V, Beaumont, as requested in PZ2023-95-
Commissioner ,laved seconded the motion. The motion to approve the request carried 9:0.
JOINT PUBLIC HEAIUNGS
Mayor Pro-Teni Kuria 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 NeJ ad to conduct the Joint Public I learings.
6) PZ2022-524- Request to annex the south half of the right-of-way of Spindletop Avenue.
Applicant: City of Beauniont
Location: Spindletop Avenue
Mrs. Engman prescnted 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 cxceed $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 Nvas 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 ftiture in-iprovements as necessary to ensure the integrity
of Spindletop Avcnue.
Slides of the subi cet propertysere shown.
The Planning staff recon-imended approval of the request.
Commissioner Jabbar ii-ioved to approve the request to aimex 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: Iquest for a Specific Use Permit to allow ail office warehouse and wholesale
distribution in the GC-MD-2 (General Commercial — Multiple Family Dwelling-2)
District
Applicant: HudProp, L.L.C.
Location: 1575 S. Major DriNfe
Mrs. Engnian 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.
"I'he GC-MD-2 zoning district requires a SI)eeific 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,"Tholesalc distributions of liquor will consist of accepting
orders,, boxing orders., and shipping to local businesses within Jefferson County via two (2) Ford
trai)sit 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. ConstrLiction plans must meet all requiren'ients by Water Utilities for any water and sanitary
sewer improvements, Including any requirements of the City's backflow, pre-treatment,
and/or FOG program.
2. Construction plans shall comply with all applicable Building Codes.
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Planning Commission
March 201, 2023
Fifteen (15) notices wcrc mailed to property owners within two hundred (too) feet of the subject
property. Zero (0) responses were received in favor and zero (0) were received in opposition.
The applicant was present. Demals Williams of HupProp, LLC, 7725 Devonshire, Beaumont,
Texas addressed the Commission. He stated that the warehouse- and office space currently utilized
will remain the samc 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 rcquest for a Specific Use Per-nilt to allow an office
warehouse and wholesale distribution in the GC-MD-2 (General Con-imcreial — Multiple Family
Dwelling-2) District, as requested in PZ2023-66, with the following conditions:
1. Construction plans nitist meet all requirements by Water Utilities for any water and
sanitary sewer improvements, including any requirements of the City's backflow, pre-
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
Applicant: Courtney R. Watson
Location: 2685 S. 11"' Street
Mrs. Eragman presented the staff report. Courtney Watson has requested a Specific Use Permit to
allow a gaming site at 2 965 S. I It" Street. The applicant wishes to have fifteen (15) gaining
machines at this location. "I'he hours of operation for the business would be Monday to Sunday, 10
a. n-i. to 10 p.m.
It should be noted that ,gaming facilities that have five or fewer machines tend to be considered
accessory in naturc, 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 suiTounding 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
Apartments. Additionally, a church, Victory "fen-1ple, is located within 400' of the proposed
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 mininium off-street parking
requirements.
Slides of the site plan and subject property were shown.
Planning staff recoinmended 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 gamc
room. She ffirther stated that she has no prior expeneiiee 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 roon-i. 'rhe winnings niust
be in the form of plush items with a monetary value no greater than $5.00.
The public hearing on this iten-i 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
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 Coin.mercial — Multiple Family Dwelling) District
Applicant: Ran it Sachdeva
Location: 5425 College Street
Mrs. Engman presented the staff report. an it Sachdeva has requested a Specific Use Permit to
allow a gaming fir-icility 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 careftil 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 espceially
residential uses should be carefully considered in the review of gaming facilities.
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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 within 300' of residentially zoned property.
Slides of the site plan and subisect property were shown.
Staff reconin-iends approval of the request with the following conditions:
1. Shall be in compliance with Article 6.10 Gal-ring(SCCt10Ds 6.10-001 — 6.10.021).
2. Shall obtain approvals for all applicable permits fron-i Building Codes.
3. Shall subi-nit 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
sewer services, including any requirements of the City's backflow, pre-treatment and/or
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. Emgman 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
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stated that afourth 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. Saclideva stated that the intention of the proposed game room is peaceful
entertainment for adults. He ffirther 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.
Saelideva also stated that he currently leascs 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
PZ2023-84, with the following conditions:
1. Shall be in con-ipliance with Article 6.10 Gaming (Sections 6.10.001 — 6.10.021).
2. Shall obtain approvals for all applicable permits from Building Codes.
3. Shall submit to the City written agreement. with an adjacent property owner that will
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Planning Commission
Marcli 20, 2023
allow for overflow parking.
4. Construct ion plans must nieet all requirements by Water Utilities for water and sanitary
se services, including any requirements of the City's backflow, pre-treatment and/or
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 Corninercial — Multiple Family Dwelling-2 ) District
Applicant: Arwah Alkahtani
Location: 550 Pinchback Road
Mrs. Engman presented the staff report. Arwali Alkahtani is requesting a Specific Use Permit to
allow an RV (Recreational Vehicle) Park at 550 Pinchback Road. The developn-lent will consist
of sixty-five (65) to seventy-five (75) pads with water, electricity and sewage hook-ups. Security
measLires will include can-ieras throughout the Park and constant ii-ionitoring, 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 City's Comprehensive Plan, the proposed development is considered to be located in a
Stable Area. Such areas are built up areas characterized by good to excellent strLICtUral conditions,
blight -free neighborhoods, and vacant parcels which may exist are good to excellent development
sites. This proposal appears to be coiisistent to the Comprehensive Plan of Beauniont.
Slides of the site plan and subject property were shown.
The Plaiming staff recommended approval of this request with the following conditions:
1. Shall be in compliance with Section 24.06.008 Minimun-i standards for type "C"
recreational vehicle park.
2. Shall be in compliance with Section 29,04.006 Landscaping and sercening requirements.
3. Shall provide directional lighting to reflect away from residential properties to the south.
4. Construction plans must ii-icet all requirements by Water Utilities for any water and sanitary
I
improvements, including any requiren-ients of the City's backflow, pre-treatment and/or
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
Environ.n-iental. Quality (TCEQ) standards.
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Planning Commission
March 20, 2023
7. A net -zero increase in the runoff will be required to ensure the 111110ff 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 (too) feet of the
stil ject property. One (1) response was received in favor and one (1) was received in opposition.
Mrs. Engnian 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
re quirements as outlined in proposed ConditioDs I and 2. Also discussed was future expansion of
the right side of the property, whieb would require an Amended Specific Use Peri-nit.
The applicant was present. Arwah Alkahtani of Manazil Holdings, LLCM, 7203 Mayapple Grove
Lane, Katy, Texas addressed the Commission. Ms. Alkahtani's business partners Efrain Ayllon,
Rawan Alsagheer and Luginaan 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. Be also stated that DD6 owns the tract of land along the roadway and a buffer
exists between the property and the roadway. Ile 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 nionthly rental fees are projected to be $4004480/month or more,
and $60480/night, with a required two night minimum stay. She ftii-ther 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 "frailer 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 RV' s not well maintained
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 ineters.
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.
12
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 rcntar 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.. lsaglicer stated that there is no maximum t-Ime 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 Rirther 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 111ATy 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. He is concemcd that RV' s entering and exiting the property will obstruct traffic to the
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. Sloe
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 ftirther 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 Fcxcas addressed the Conuiiission. Ms. Lynch stated that previoUs
walking traffic and criminal activity existed in the area. She ftirther 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.
13
Planning Commissloil
March 20, 2023
Ms. Alsagheer stated that there is not much traffic oil the Pinch back. She further stated that the
in,ajority of RV tenants will consist of workers that want to be close to restaurants and other local
aiiienities. She also stated that ftill-timc security and a Rill -time Matiager will be on site. Ms.
Alsagheer added that the property is currcntly 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
Reereational. Vehicle Park in the GC-MD-2 (G-cneral Commercial — Multiple Family Dwelling -
District, as requested in PZ2023-85, with the following eight conditions recommend by Staff and
additional condition number nine:
1. Shall be in compliance with Section 24.06.008 Minimum standards for type "C"
recreational vehicle park.
2. Shall be in compliance with Section 28.04.006 Landscaping and serccning requircii-ients.
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
0
improvements, including any requirements of the City's backflow, pre-treatment and/or
FOG program.
5. No permanent structure or appurtenances shall be placed within the casement property,
including RV stalls.
6. Water and sewage crossings and separations shall follow all Texas Commission on
Environ.niental 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 ail approved
Storm Pip "I'ie-In Permit, per Drainage District 6.
8. A topographic survey must be con-tpleted 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 ffill-time security on -site.
Commissioner Jabbar seconded the motion. The motion to approve the request carried 6:3 (Makin,
Linton., and Noyola).
14
Planning Coniniissioll
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
Family Dwelling-2) District
Applicant: Plitic That Le
Location: 4515 N. Mjor Drive
Mrs. Engman presented the staff report. Dr. Pli-Lic. 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. Mqjor 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. Lc rcquested 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 Lind approximately 10,700 square feet of retail space. In July 2021,
the retail space was elimMated acid 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.
2
The location of driveways is subject to approval of "I'XDOT. 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 sulject 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 n-ieet all requirements by Water Utilities for water and sanitary
sewer services, including any requirements of the City's back -flow, pre-treatment and/or
FOG program.
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 I 00-year storm event using Alas 14
rainfall data, per Drainage District 6.
Nine (9) notices were mailed to property owners within two hundred (too) 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 That Le., 1110 0 B re e ana 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
reconin-tended by staff,
The public hearing on this iten-i was opened and closed without comment.
15
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
requested in PZ2023-89, with the following conditions:
6
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
sewer services, including any requirements of the City's back -flow, pre-treatment and/or
FOG program.
5. A net -zero Meree in the runoff will be required to ensure the runoff from the proposed
coMitions match the existing conditions for the I 00-year storm event using Atlas 14
rainfall data, per Drainage District 6.
Commissioner No cola seconded the inotion. The motion to approve the reqUest carried 9:0.
1.2)PZ2023-90: Request for an Aniended Specific Use Permit to allow a residential
care facility in the R-M-H (Residential Multiple Family Highest Density) District
Applicant: Faust Engineering for I I.O.W. Center
Location: 1094-1098 Cottonwood Street
Mrs. Engman presented the staff report. Faust Engineering and Surveying, Inc. is requesting
approval of an Aniended 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.
Section 28.04,006 of the City's landscaping ordinances states, "an inci-ecise in the size qf an
exislingpcirking lot bjl lii�ent)-
five (25) percent in 1he munbei- cif irking sl3ace s oi- niore shall
require the enlire pcirking IN , in aciclition to the liventy-five (25) percent expansion, to be brought
. I
into C0177plicnice iv ilh this section." The submitted site plan appears to comply with this regulatioll.
Slides of the site plan and subject property were shown.
The Plarming staff recommends approval of the request with the following conditions:
1. Construction plans shall coinply with all applicable Building and Fire Code and
requirements.
2. ConstrLICtion plans n-lust meet all requirements by Water Utilities for water and sanitary
sewer services, including any requirements of the City's back -flow, pre-treatment and/or
FOG program.
3. Sanitary sewer line shall be tied to the City line located in the alleyway or to Cottonwood
Street.
16
Planning Commissioll
March 20, 2023
`I"wenty-seven (27) notices Nvere mailed to property owners within two hundred (too) feet, of the
subjcct property. Three (3) responses were received in favor and two (2) were rcceived in
opposition. Mrs. En man explained that the property owners in opposition stated that the proposcd
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 0, 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 ftirther 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 ftirther 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 con-iplaints 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 fiffl-tine kitchen
staff. Mr. James ftirther stated that the Center tries to be an asset to the conmiunity. Mr. James has
thirty-ttuve years of service assisting individuals with addiction and ITO.W. has an 88% success
rate.
The public hearing on this item was opened.
Louis Bryant, 2440 Cable Avenue, Beaumont Texas addressed the Conimission. Mr. Bryant stated
that lie 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 deny the applicant's
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.
17
Planning Commission
March 20, 2023
The Public hearing on this item was closed.
Commissioner No cola inoved 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
reqLiested in PZ2023-90, with the following conditions:
1. Construction plans shall comply with C1.11 applicable Building and Fire Code and
requirements.
2. Construction plans must meet all requirements by Water Utilities for water and sanitary
sewer services., including any requirements of the City's back -flow, pre-treatmcnt and/or
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
(Con-imissioner Jabbar stcpped 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 Farnily-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
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.
According to our City's Comprehensive Plan the property is located within the "Conservation and
Revitalization," area. Such areas are "buill u19 cirects i-Mere ct significant portion of the area is
exlmriencing influences such cis incony)cttible Icind uses, clilcil-)recited liffircisfructure, it a clecline
in population cind in the nuinber Qf housing units cind businesses. In7niedicite actions t-tre neecled
to prei)ent continued cleterioration cind to rei�erse und rel)air those conclitions. " This request
I - velopment plan
appears to align with our City' Comprehensive Plan of Beaumont and a viable de
to aid neighborhood growth to this area.
Slides of the site plan and subject property were shown.
The Planning staff recol-nniended approval of the request.
W610
Planning Commission
March 20, 2023
Thirteen (13) notices werellialled. to property owners within two hundred (200) feet of the subject
property. Tliree (3) responses were received in favor and zero (0) were received in oppositioll.
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 lie 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 froill 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-
Mgeneral Coninicrcial-Multiple Family Dwelling) District to ISM-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
(Jived and Jabbar).
14) PZ2023-108: Request for a Specific Use Peen -tit 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'Fohnie for ulag Properties, L.L.C.
Lo c Lion—. 310 0 N. Major Drive
Mrs. Engman presented the staff report. ulag 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 3 100 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 flippcd 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. ulag Properties,
L.L.C. requests approval of the Amended Specific Use Permit so it may move forward Nvith
developmcnt of the Westchase Shopping Center.
19
Planning Conimissioll
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 froin 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 Plaiming staff reconiniended approval of the request with the following conditions:
1. CoDstruction plans shall con-iply with all applicable Building and Fire Code and
rcquirements.
V 2. Construction plans shall comply with 28.04.006 Landscaping and screening requirements
and install a 5' wide along Major Drive from property line to property line.
3. Construction plans must meet all requiren-ients by Water Utilities for water and sanitary
sewer services, including any requirements of the City's back -flow, pre-treatn-lent and/or
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) responsc were received in favor and zero (0) were received in opposition. Mrs.
Eragman explained that one property owner In favor of the request stated that he has no objection
to the rcquest if the Devclopees replace the back fence and clear brush & shrub ajacent to his
property.
A representative of the applicant was present. Hani Tohme of (1rolden Triangle Consulting
Engineers, on behalf of Zulag Properties, 85 1-10 Frontage Road, Suite 204-A, Beaumont, Texas
addressed the Commission. Dr. "folmie explained the purpose of the project and stated that the
drainage issue will be addressed with City staff and I6.
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, clotl3ing stores, food shops, beauty salons and professional offices on the GC-MD-2
portion of the property,, as requested in PZ2023 -10 8, 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 scrccning requirements
and install a 5 " wide along Maj or Drive from property line to property I i ne.
RE
Plaiming Commission
March 20, 2023
3. Construction plans must meet all requiremci-its by Water Utilities for Nvater and sanitary
sewer services, including any rcquirements of the City's back -flow, pre-freatment and/or
FOG program.
4. Directional lighting sball be installed to reflect away from the residences located off
Village Drive, south of the proposed devclopment.
5. Utility plan shall show the location of the requircd fire hydrants.
Commissioner Jived seconded the motion. "I'he motion to approve the request carried 9:0.
OTHER BUSINESS
None.
THERE BEING NO OTHER BUSINESS., THE I' TEETH ADJOURNED AT 5:05 P.M.
21
DATE: April 17,2O23
TO: Planning Commission
FROM: Derril Engman, Planning Manager
SUBJECT: Request to abandon a portion of the Carpenter Road right-of-way.
This item was tabled from the March 20, 2023 meeting by request of the applicant,
Chris Phillips is requesting to abandon of a portion of Carpenter Road located between Oak
Ridge Street and Broussard Road. Approval ofthis request will allow Mr. Phillips tocare for
the right-of-way as vegetation has taken over the pavement due to constant flooding. The
City does haveavvaterUneandstneeti1ghtsvv|th1ntheex|sUngn8ht.of-vveyandasevvorUne
nearby.
Planning staff recommends approval of the request with the following conditions:
1. Shall retain the existing right-of-way as an easernent.
2.Any street lights within the abandonment will convert toprivate security lights within a
|ofd1 abandonment. �eourMvUphtn��onhona|and
pr}vate�nopedvuponapp[ova ee n . _,-,,—/ -,-'
therefore, billing for continued usage shall be transferred to the owner or the lights will
need to be removed.
8` No permanent structures or appUrtenances shall be placed within the easement
property. The City will not be responsible for any surface restoration when water and/or
sanitary sewer repairs are necessary within the City of Beaumont water line or Sanitary
sewer line easement,
4. If a fence is to be installed, a minimum 6' wide gate shall be provided for city crews to
access the easement.
This item was sent to all interested parties.
Exhibits are attached.
LEGAL DESCRIPTION OF THE RIGHTp01`-WAY FOR ORDINANCE PURPOSES
BEING a 0.592 of an acre strip of land lying in the D. EASLEY SURVEY, Abstract Number 20 in
Jefferson County, Texas, said 0.592 of an acre being an UlliMproved portion of Carpenter Road
wide public road rjoht-of-way) and being more particularly described by metes and
bounds as follows:
Note: All bearings are based on the Texas Coordinate System of 1983 (NAD 3), South Central
Zone.
BEGINNING at a capped iron rod ("ACCESS") found In the north right-of-way line of Carpenter
Road, for the southwest corner of a 0.258 acre tract of land described as Tract 4 in an
Instrument to Paul Baer, et ux, recorded in Volume 711 on Page 86 of the Deed Records of
Jefferson County, Texas (DRJCT), the southeast corner of a 1.00 acre described in an instrument
to Chris Phillips, recorded in Clerk's File No. 2010000283 of the Official Public Records of
Jefferson County, Texas (OPRJCT), and the northeast corner of the herein described strip;
THENCE South 69*59'42" East, crossing Carpenter Road right-of-way along the east line of the
herein described strip, a distance of 61-18 feet to a capped Iron rod ("'ACCESS") set in the south
right-of-way line of Carpenter Road and the north line of a 2.253 acre tract of land described as
Tract I in that same instrument to Chris Phillips recorded in Clerk's File No. 2010000283
(OPRJCT), for the southeast corner of the herein described strip, from which a capped iron rod
("BAR LLC) was found in the south right-of-way line of Carpenter Road, for the northeast corner
of said 2.253 acre tract at North 30"20'19" East, 87.19 feet;
THENCE South 30020'19" West, along the south right-of-way line of Carpenter Road, the north
line of said 2.2-53 acre tract and the SOLIth line of the herein described strip, a distance of 433.90
feet to a capped iron rod ("ACCESS") set in the south right-of-way line of Carpenter Road and
the north line of said 2.253 acre tract, for the southwest corner of the herein described strip,
from which a 3/4" pipe was found in the south right-of-way line of Carpenter Road, for the
northwest corner of said 2.253 acre tract at South 30*20'19" West, 146.56 feet;
THENCE North 70033'16' West, crossing Carpenter Road right-of-way along the west line of the
herein described strip, a distance of 59.63 feet to a capped iron rod ("ACCESS"') set In the north
right-of-way line of Carpenter Road and the south line of a 0.359 acre tract described in an
instrument to Chris Phillips, recorded in Clerk's File No. 2010041077 (OPRJCT), for the
northwest corner of the herein described strip, from which a 1/2" iron rod was found in the
north right-of-way line of Carpenter Road, for the southwest
corner of said 0.359 acre tract at South 30007'22" West,. 35.50 feet,, and from said 1/2" iron rod
a I" pipe was found in the north right-of-way line of Carpenter Road at its intersection with
Broussard Road at South 30'07'22" West, 1,990.40 feet;
THENCE North 30'07'22" East, along the north right-of-way line of Carpenter Road, the south
line of said 0.359 acre tract, the south line of said 1.00 acre tract and the north line of the
herein described strip, a distance of 434.20 feet to the POINT AND PLACE OF BEGINNING,
containing 0.592 of an acre of land, more or less. An exhibit showing the proposed
abandonment of the above -described strip of land accompanies this description (Access
GENERAL MFORIVIATIONPUBILIC UTILITIES
APPLICANT:
DOMINANT TENEMENT OWNER:
LOCATION:
-EXISTING ZONING:
ABANDONMENT SIZE:
EXISTING LAND USES:
FLOOD HAZARD ZONE:
SURROUNDING LAND USES:
NORTH: Residential
EAST: Residential
SOUTH: Residential
WEST: Residential
COMPREHENSIVE PLAN:
STREETS:
DRAINAGE:
WATER:
SANITARY SEWER SERVICE:
Chris Phillips
City of Beaumont
Portion of Carpenter Road between Oak Ridge Street
and Broussard Road
RS (Residential Single Family Dwelling)
rJ0.592 acres,, more or less
Vegetated right-of-way
AE —Special flood hazard areas inundated by 00-gear
flood, base flood elevations determined.
SURROUNDlNG ZONING:
IDS (Residential Single Family Dwelling)
FPS
RS
IDS
Stable Area
Carpenter Road — Local Street with approximately 58'
right-of-way.
open ditch
G"' water line along Carpenter Road
8 M sewer line along Carpenter Road
EAuMaNT
plantling & Commutifty Development
Ce.1se Tyj)():plajjn![iq and Zoning Case StatLls: REVIEW
case Sw) Typo: Abandonment Tag Name: Re(jUeSt tO Purchase Abandoned Right of
Caso It: PZ2023-60 Way
Location: 11435 CARPENTER RD, BEAUMONT, 77713 jjjjtj,,.jtod On: 21612(?23 7:09;45A1
111clividuals listed or) the record.,
Agent
Olds Phillips
11435 carpenter rd
beauniont, TX 77713
Applicant
chris Phillips
11435 carpenter rd
beaumont, TX 77713
11ome Phone: 4098933195
Work Phone:
Cell Phone:
F_-Mall: philill)srenovations@yahoo.coiin
Home Phone: 4098933195
Work Phone:
Cell Phone: 4098933195
E-Mail- phillipsrenovallons@yalloo-com
Property Owner
chris phillips Home Phone, 4098933195
11435 carpenter rd Work Phone:
beaumont, TX 77713 Cell Phone:
E-Mail: pflillil)sfeiiovations@Y�ticO.c011I
Flood Zones Flood Zone AE
cull strUctioll Type
OCCUPaTICY Typo
Piro District
lots:
Case *Fype: Plannino and Zoning page I of I
Prjr1ted oil,- 3/6/2023
'
Case it: PZ2023-50
Hello,
My name is Chris Phillips I am a life long resident of Beaumont
I am wanting 3:o purchase the abandoned right of way on
Carpenter Rd in Beaumont, Tic 77713, I have owned the
surrounding tracts of land since 1999, To my knowledge the
right of way of interest is a washed-out portion of Carpenter
Rd.that hasn't: been a usable roadway since the early 198Os. It
sets very close to Pine Island bayou and regularly goes under
water. According to neighbors that have lived in this area at the
time, they informed me that the city road crews would repair
the roadway after floods but eventually stopped do to constant
flooding, Since :hen nature has reclaimed it. There is no visible
evidence of a road left, it goes down into a very low swampy
area. !believe'that - being able to purchase it would benefit both
me and the city of Beaumont I would assume it would be added
to the fax roll and land taxesthen be collected If any additional
information is needed please contact me
Thank you for your time
Chris Phillips
11435 Carpenter rd
Beaumont, Tic 77713
409-II93-3195
X b 11
A PORTION OFCARPENTER., ROAD �v ej
F _E-fXTjjB,j7-, or-(THL-(: PROPOSE D- ABANDONMENT OF 0 <e(f)N
+�
Located In Bcar ono, Jefferson County, Texas �
and baing out of tho D. Easloy Survey, Abs1ract No. 20
Paul Boor, of ux o
0.258 acre
CLAY V 711 P 86OPRJCT
L
called 1,00 acre 1
(Tro c 1 4) )60.1
OPRJCT
r h k •
• F i `
�, y 4 ii•T�, 1 ' � . F
s a`i4i1. y4 ti`.` 5 s;• JF Gurpenter ltioA./k+l R.O.W.
to be d%`y jy
• `.i' ,{ , i ` y untroprovad 60 ft
y
�,• , ` , ; `•,�,;r' wlde ,public road
Am aght—of—w0y)
k• 5y I`k
lot
y y 1
Chris Phillips��rrs Phillips Gaited 2f2� acre
f�.l�59 arc. Tract 1
fPRJC1' PfJCT
58.
69.
GeV F
o
' , ' 0 ' o = e apt ed lr`orr dad,
Alan Mehrovarar: ae t►
Called 0.7494 ae. +� stamped 'ACCESS ESS St1R
Cj--# 2019003204
noted
+ f J+ I' ' ► o = Additlonal Montrmonts Found
,'... (riot pecfffod
' 0 — t.ltlftiy Pole
0 41 %,6
Surva or+s Notes:
1) All beo6n9s aro grid, based an the Texas Coor&nato Systom of 1983 083 , South CenfrOf Zone.
2 field note description for (lie 0.593 acre right—of—way way obandormunt accompanies thfs plate r
,Owff-e
�'
I City Bewd"Mont
EXHIBIT P
!, Scott N. 8rackin, Te os Registered Professional Land Surveyor No. 6650, 0, do hereby certify that 1 hove made a
survoy on tho ground of #too properly shown hereon, and flint tho survoy is fruc and correct to file bust of M
knowledge and belief. survoy Doled. 0112412023.
Of ... I ...... C..
it yo W 1!#��al�C7{�4�yl•�--e�i e•i*l ei 1pee#/'#+f�i}r+11 ■
� +7LtJ I 1 N DflV1�11�1
Fi!l+reeaea#lae'F 140 t*4#4 e#lil ii
'c�sr�r����r-eia� -- 1'r�tl�rsf�•��r1 - csr`�1ert�itt! �.0 6(3 4
11025 Old Yolh fload -- Beoomont, Texas 77713 ~� � ssti�'���.•
+•+lea ae*. *�
Telephone (409) 830 - .3 2 FGcslmUa 830--6122 tj Scott N. f3rackta
Www.00cess-511 vo orsecorn § rp1s516300hcon,
roue: 2o,�o--�rs too. 1013�S4o4 �''ecrxrrfclon: TT#S l�ogls#aged 1'r+of��slana� hand Su�rvayor No. SbD
A`
Commercial o Residential o Industilial
S v ors Firm N o . 10 13 6400
LLC
January 24,2023
FIE, LD NOTE DESCRIPTION
0.592 Ac. of Carpenter Road Right -of -Way
In the D. EASLEY SURVEY, Abstract No. 20,
City of Beaumont, Jefferson County, Texas
BEING a 0,592 of ail acre strip of land lying in the D. EAS1,17-4,Y SURVBY, Abstract Number 20 in Jefferson
County, Texas, said 0.592 of ail acre bellIg all ullililpi-ove(I portion of Carpenter Road (a 60 ft. wide m1blic
road right-of-wcay) and being more particularly described by metes mid bowids as follows:
Note: All bearings are based oil the'l."exas Coordinate System of 1983 (NAD83), South Central one.
BEGR'qNING at a capped iron rod ("ACCESS") f6mid in the north right -of -ova finc of Carpenter Road,
for 1110,.9outilwest corner- of a 0.258 are tract of land described as Traot 4 ill ali histrument to Paul Blier, et
OX) recordcd in Volunic 711 on Page 86 of the Deed Records of Jefferson County, Texas (DIUCT), the
southeast comer of a 1.00 acre described in 1411 filStR1111C.11t to Chris Phillips, recorded in ClerIc's File No.
2010000283 of the icial Public Records of Jefferson County, Texas (0PRJCT),, and the northeast corner
of 1he herein drscribed -strip;
-of-way along the cast line of tile lie"cill.
fl-IMCH South 69'59'42" East, crossing Carpenter Road right
described strip, a distance of 61.18 feet to a capped iron rod ("ACCESS") set M the south fight-Of-WaY line
of Carpenter Road and the north I i ne of a 2.2 5 3 acre tract of land described as Tract I in that same instrument
to Chris Ph i I I ips recorded in Clerk's Fq i le No. 20100002 8 3 RJCT , foj� t1jo solit licast corner of the herein
described strij), from wliicli a capped Iron rod ("BAR LLC) was fmind in Ille south right-of-way line of
Carpenter Road, for the northeast corlior of said 2.253 acre tract at North 30'20" 19" East, 87.19 feet;
'111 RNC E Soutli 3 0'20'19 " West, a 10119 the south right-of-way line, of C arp enter toad, the north line Of
said 2.253 aGFC tract and the south line of the herein described strip, a distmice of 433.90 feet to a capped
iron rod C"ACCESS" ) set ill the so"th Fight -of -way line of Carpmiter Road all(l the 11orth line of said 2.253
acre tract, for the southwest c0rllel' Of the hercin described strip, fi-om which a 3/4" pipe was found ill the
.9ovith right-of-way line of Carlmiter Road, for the nortliwest corner of said 2.253 acre tract at Soutli
30'20'19" West) 146.56 feet;
THENCE North 70'33'16" West, crossing Carpenter Road riglit-of-way along the west line of the herein
described strip, a distance of 59.63 feet to a cappud iron rod ("ACCESS") set in the north right-of-way line
of Carpenter Road acid the south lute of a 0.359 acre tract described in an instrument to Cliris Phillips,
recorded ill Clerk's File No. 2010041077 (0PRJCT), fol- file Northwest corner of the herein described strip,
front wilicli a 1/2" iron rod was found in the ljoyti, rigI)t-of-way line of Carpenter Road, for the southwest
corner of said 0.35 9 acre tract at S oath 3 0'07'22" west, 35,50 feet, and from said 1/2" im i rod a I" p the
was found in the north right-of-way line of Carpenter Road at its intersection with Broussard Road at South
30'07'22" West, 1,990.40 feet;
THENCE, North 30'07'22" Fast, along tile 1101-til r1g17t-of-way fine of Carpmter Road, the south line of said
0.359 acre tract, the south lisle of Said 1.00 acre tract and the north lille, of the herein described strip, a
distance of 434.20 feet to tho POINT AND PLACE OF BEGINNING, contaiiiing 0.592 of ail acre of land,
more or less. An exhibit showing the Proposed abandonment of the above -described strip of land
accojjjpal�es this description (Access Surveyors project no. 2023035).
Page I of I
1102501(lVotliRoa(1,13catitnoiit,"I'Cxa,,i77713 Office: (409)838-6322 Fax: (409) 838-6122
L
Emai1:rp1s5163@ao1.cojn Web: www.acCess_stjjrveyoj6s.com I"ol
le:2023035—CorpeiiterRoa(IDescril)tioji
ExIi ibit (0 1-24 -23). Doex
APPLICATION FOR JIUBLICRIGHT-OF-WAY,ALLEY Olt UTILITY EASE, MENTABANDONMENT
Application Ownership List
Date: LI-/ Id -
We, the undersligticd, being the sole owners of all the propm-tytibutting the proposed abandonment
t
, hereby respeciffilly petition
that the right-of-way, alley, or utility easement be closed and abandoned.
OWNER and ADDRESS
Lot
(tract)
72- tS
7
Block
(tax plat)
NOTE.- Please print or type your name and then use signature. Sepanate sheets may be used.
A A A:
(Sul -Vey)
"g
PZ2023-50: Request to abandon a portion of the Carpenter Road ri ht-of-way.
Applicant: Chris Phillips
Location: Portion of Carpenter Road between Oak Ridge Street and Broussard Road.
0 100200
1 1 A—J Feet
DATE: April l7.2O23
TO: Planning Commission and City COUndl
FROM: Demi Engman, Planning Manager
SUBJECT: Consider arequest for aSpecific UsePermit toallow swimming lessons isthe R8
(Residential Single Family Dwelling) District.
STAFF Rr-PORT
Home owner, Raymond Ford, brequesting aSpecific Use Permit tooffer swimming lessons at
489OBrace Street. |nJuly o{2O22.the Planning Division cited Mr. Ford for conducting
swimming lessons in his backyard pool without the benefit of an approved Specific Use Permit.
The Planning Division received complaints regarding parking issues due tothe swimming
lessons offered at his residence.
Like A Fish has been providing services since July of 2019 and has served over 500 children and
l5Oadults tolearn toswim, The program starts mid -May and ends nm/d-3eptemnber. Lessons
for children are Monday, Tuesday and Thursday from 5:3Opnnto83Oprn. Lessons for adults are
Friday, Saturday and Sunday atvadouStimes during day light hours. Including himself, Mr. Ford
staffs two (2)tothree (3)employees toteach swimming lessons.
Staff recommends approval of the request with the following conditions:
l. Per Engineering, the driveway can accommodate six (6)cars and nine (g)cars can park
on the street. At no point shall cars block driveways or restrict life safety vehicles to
navigate the neighborhood. The owner ofthe business shall beresponsible for
enforcing such parking restrictions.
Please note that final occupancy approval is subject to review and acceptance ofsubombtedplans and field inspections to verify compliance with applicable codes.
Exhibits are attached.
PUBLIC NOTIFICATION
Notices mailed to property owners —19.
Responses |nFavor __Responses 1nOpposition _,
LEGAL DESCRIPTION FOR ORDINANCE PURPOSES
Being Lot 9, Block 2, Woodland Oaks Addition,, Beaumont, Jefferson COUnty,Texas,
con1ainingO.33O acres, more or less.
Ammvr!c..
CONDITIONS FOR APPROVAL OFSPECIFIC USE PERMIT
(SECTION 28-26.E, ZONING ORDINANCE)
Application Application
is in |snot III Comments
compliance U Attached
l.That the specific use will becompatible with
and not injurious totheuseandenjoyment of
other property, orsignificantly diminish or
irnpa|rproper�yvalues within the 1rnnmed1ate
vicinity; x
ZThat the establishment ofthe specificuse will
not impede the normal and orderly
development and improvement ofsurrounding
vacant property; x
3.That adequate utilities, access roads, drainage
and other necessary supportlngfacilities have
been o[will beprovided; X
4.The design, location and arrangement ofall
driveways and parking spaces provides for the
safe and convenient movement ofvehicular and
pedestrian traffic without adversely affecting
the general public oradjacent developments; X
S.That adequate nuisance prevention measures
have been orwill betaken boprevent orcontrol
offensive odor, fumes, dust, noise and vibration; x
GThat directional lighting will beprovided soas
not todisturb oradversely affect neighboring
properties; X
7.That there are sufficient landscaping and
screening toinsure harmony and compatibility
with adjacent property; and, x
8.That the proposed use 'is 1naccordance with
the Comprehensive Plan. X
GENERAL INFORMATION/PUBLIC UTILITIES
OWNER:
PROPERTY
PROPERTY SIZE:
EXISTING LAND USES:
FLOOD HAZARD ZONE.
SURROUNDING LAND USES:
NORTH:
Residential
EAST:
Residential
SOUTH:
Residential
WEST:
Vacant
COMPREHENSIVE PLAN:
SANITARY SEWER.SERVICE:
Raymond Ford
Raymond Ford
4890 Brace Street
RS (Residential Single Family DvveU1noi
~O338acres, more orless
[omnmerdaI
X—Areadeternm|nedtobeouis|detheSOO
yearf|oodp|aln.
RS (Residential Single Family Dwelling)
RS
RS
KS
Stable Area
Brace Street— Local Street with a 50' M
and 27'pavemnentwidth.
Curb and Gutter
6"water line
PROPERTY OWNERS NOTIFIED WITHIN 0 FEET
QANG YIHUEY
Tf10MAS HEATHER
CAMP[3ELL CDDIE W & CLARISSA
bAW50N DERRICK T & PAMELA D
GANS DONOVAN & ROBIN
FRANKLIN CHARL[S A &PRINCESS
MATI-IEWS DANNY! & MINERVA b
ANTWINE BERTHA MARIE &
KINiVEAR SWERRLYN
KINNEAR SHERRLYfV ROSE &
WOOTEN CLAUDE E ET UX
LEWIS HILLARD JR ET UX
F3RADFORD JOSEPH N & SANDRA M
MAI.ONE CHARLES SR & DIANNA
SULLIVAN CODY P
FORD RAYMOND &
CARTER RONN]E JR & LIKISHA M
LACY DAMES & GLENDA
GAY DANIEL & MARCELL (TD
BEAl�MC3NT'
Pli-11111111(j & COPIDILInity Development
Case Typa:Planning and Zoning
Case S u 1) Type: Specific Use Permit
Case th PZ2022-315
Location: 4890 BRACE ST, BEAUMONT, 77708
Individiials listed on the record,
Applicant
Raymond Ford
4890 Brain St.
Beaumont, TX 77708
Property Owner
Raymond Ford
090 Brace St.
Beaumont, TX 77708
Case Type: Planning and Zoning
Case ft: PZ2022-315
Case Status: REVIEW
Tag Name: SUP for swiniming lessons
Initiated 0ji:8112/2022 2.48:51PM
Home Phone: 4099601979
Work Phone:
Cell Phone. 4099601979
E-Mail: coachrford@yahoo.com
Horne Phone: 4099601979
Work Phone:
Cell Phone: 4099601979
E-Mail: coaclirford@yahoo.coni
Page 1 of 2
Printed On: M312023
BEAU. MC3NT
Plaiiiihig & Commutilty Dc.,volopiiiotit
Legal Description WOODLAND OAKS L 9 BLK 2
Number of Acros 0.34
Proposod Use Swimming lessons
That the SI)eGifiG it Will bG Swimming lessons at 4890 Brace St., to the cilizens of our
compatiblo with and not Injurfous to community, in no way diminishes or impairs property values within
the use and enjoyment of othor the inirnediate vicinity. It is not injUdOUS nor does it affect the
property, nor significantly diminish or enjoyment of other nearby properties.
impair property values within the
immadiate Vicinity
That the establishment of the specific
SwIrnming lessons at 4890 Brace St. does not imped the normal and
use will not impede the normal and
orderly development and improvement of surrounding vacant property.
ordorly dovelopment. and improvement
of surrounding vacant property;
That adecluate utilities, access roads,
Swimming lessons at 4890 Brace I' does not impede the normal
drainago and other necessary
and orderly development and improvenient of surrounding Vacant
supporting facilities have been u r will
property
be providod
The design, location and arrangoment.
Swimming lessons at 4890 Brace St does not affect the flow of traffic
of all driveways and parking spacos
in or out of the neighborhoods
provides for the safe and convenient
MOV0171011t Of VOWCLI'lar and peflestrian
traffic
That adequate nuisance prevention
Swimming lessons at 4890 Brace St does not cause any odors,
measures have been or will bo taken
fumes, dust or vibrations. Any noise would just be the SOUnds of
to provent or control offonsivo odor,
citizens learning to swim which is at acceptable volurnes.
fL11110S, (ILISt, nolse and vibration
That directional lighting will too
Swimming lessons at 4890 Brace St does riot require additional
provitled so as not to disturb or
lighting, as lighting is already provided.
adversely affect neighboring
properfies
That thore are stifficient landscaping
Swimming lessons at 4890 Brace is conducted in the backyard of
and screening to insure harmony and
the property, behind a 6' privacy fence
compatibility with adjacent property
That the proposed use Is In
Swimming lessons at 4890 Brace St is in accordancae with the
accordance with the Comprehensive
comprehensive plan,
Plan
Notes;
Case Type: Planning and Zoning Page 2 of 2
Case it: PZ2022-315 Printed On. 3113/2023
City of Beaumont Planning and Zoning Committee,
Like A Fish has been providing swimming lessons to the citizens of Beaumont, Port
Arthur Orange and some as far away as Houston since July of 2019, After
concluding my classes for that year, I wasn't sure I was going to. offer swimming
lessons for the summer of 2020 due to the Covid-19 pandernic. While watching the
10 o'clock news on the night of Apr*1 15111, the leading story was a drowning on the
City of Beaumont's property known as The Event Center, At that moment, I knew
that was my sign from God to go all in on swimming lessons and that's what I have
done since then,
During this time frame over 500 Buis, age ranging from 3-17 and over 150 adults,
age ranging from 18-72 have learned to swim properly through my program. The
lessons for kids and adults normally start in mid -May when the weather and water
is warm enough. The lessons conclude for kids right around the time school starts
back but continue for adults until mid -September, Kids lessons are Monday,
Tuesday and Thursday between the evening times of 5:30pm to 8:30pm. Adult
lessons are conducted on Friday, Saturday and Sundays at variOUs times during the
day light hours. Besides myself, there are usually 2 to 3 other staff members with
me teaching swimming lessons.
It would be a travesty to the citizens of Beaumont if this program was not allowed
to continue on an annual basis. Thanks in advance for your consideration in this
manner,
Raymond Ford, Jr.
Like A Fish
f �
110
JIL o ro Kow,
. ! LA 1
A pf 11? 0 X. 1. 0 ("A 110 )NI
HOT
!
k a a J yi
Patlno
a{
PZ2022-315: Request for a Spec se Permit to allo—W—swimming lessons in th—eRS' (Residential Sin
Family Dwelling) District.
Applicant: Raymond Ford
Location: 4890 Brace Street
0 100 200
I— I I _J Feet
L e'g'e'n d
AP
PZ20"'22'315
V,
D
X-1
rj
I df
Owl jr
ti
A -If
Av
INK k
DATE: April 17,2023
TO: Planning Commission and City Council
FROM: Demi Engnnan, Planning Manager
3JgCECT| Request for amendments bothe Zoning Ordinance concerning the Board of
Adjustment, Section 28.02.005(3)(B).
|norder for the Board ofAdjustment togrant ovariance, the applicant has the burden the
prove all of the following:
(A) That the granting of the variance will not be contrary to the public interest; and
(B) That literal enforcement of the chapter will result in unnecessary hardship because
of exceptional narrowness, shallowness, shape, topography or other extraordinary or
exceptional physical situation or physical condition unique to the specific piece of
property in question. "Unnecessary handicap [hardship)" shall mean physical hardship
relating to the property itself as distinguished frorn a hardship relating to convenience,
financial considerations or caprice, and the hardship must not result from the
applicant's o[property owner's own actions; and
(C) That by granting the variance, the spirit of the chapter will be observed and
substantial justice will be done,
However, asisthe case {nmost cities stetes econonn|chardship ksnot mbasis togrant a
variance. However, Texas House Bill 1475 amended the Local Government Code to require that
Texas cities allow economic hardship as one of the justifications for granting a variance in some
limited circumstances, provided all other requirements for avariance tobegranted are
adhered to. Specifically, the Board may also consider the following economic. impacts:
(1) the financial cost of compliance is greater than 50 percent of the appraised value of
the structure as shown on the most recent appraisal roll certified to the assessor for the
municipality Under Section 26.01, Tax Code;
(2) compliance would result in o loss to the lot on which the structure Is located of at
least 25 percent of the area on which development may physically OCCUr;
|naddition, the following factors may also beconsidered:
(3) compliance vvou|dresult 1nthe structure not being incompliance with a
requirement of a munlic1pal ordinance, bUilding code, or other requirement;
(4) compliance WOUld result in the unreasonable encroachment on an adjacent
property oreasomnent;o[
(5) the municipality considers the structure to be a nonconforming structure.
However, it again is important to mention that while these additional justifications are now
eligible for consideration, for a variance to be approved, all requirements outlined in the
ordinance must be proven bythe applicant.
|norder tocomply with State statutes, the Planning staff brecommending amendments bo
Exhibits are attached.
§ 28.02.005. Board of adjustment.
(a) Creation.There is hereby created a bocard of a(�Iustment consisting of five (5)
regular mcnibus, and four (4) alternate members who shall servc in the absence. of
one or more. regular members when requested to do so by the city manager. Each
member of the board of adj List ment shall be appointed by the mayor and confirmed
by the city council for a term of two (2) years or until their successors are
appointed and shall be removable for cause by the mayor and city council upoil
written charge and after public hearing. Vacancies shall be filled for the unexpircd
term of any mcinbcr whose position becomes vacant for any cause ill the same
manner as the original alointmeIlt WeIS C made. The members of the board of
adjustment licretofore existing shall continue to serve as members of the board
1111til the terms for which they were originally appointed expire. Members of the
board shall serve without compensation.
(b) Proccedings.The board ofadjustment shall adopt MICS to govern its proceedings;
provided, however, that SUCII f LI I es arse not i neon s i s tent wi th tills Chapter or statutes
of the state. Meetings of the board shall be held at the call of tli(,X chairman and at
Such Other time as the board may determine. The chairman, or in his absence, the
acting chairman, may administer oaths and compel the attendance of witnesses.
All meetings of the board shall be open to the public. The board Shall keep
minutes of its proceedings showing the vote of each nicinbcr upon each question,
or, if absent or failing to vote, indicate such fact, and shall keep records of its
examinations and other official actions., all of which shall be immediately filed in
tile office of the board and shall be a public. record.
(c) Appeal I?rocess.Appeals to the board can be taken by any person aggrieved or by
all officer, department, or board or bureau of the numicipality affected by "any
decision of the administrative offiecr. Such appcal shall be taken within a
reasonable time after the decision has been rendered by the administrative officer,
by filing with the officer from whom the appeat is taken and with the board, a
notice ofappcal specifying the grounds thereof. The officer from whom the appeal
is taken shall forthwith transmit to the board all the papers constituting the record
upon which the action appealed was taken.
A Stay of vroceediw.An appeal shall stay all proccedings in furtherance of the
action appealed from unless the officer from whom the appeat is taken certifies to
the board of adjustment, after the notice of appeal shall have been filed with himl
that by reason of facts stated in the certificate, a stay would, in his opinion, cause
imminent peril to life or property. In such case, proccedings shall not be stayed,
otherwise., than by a restraining order which may be granted by the board or by a
court of record on application on notice to the officer froill whom the'-flippeal is
taken and oil due cause shown.
(e) General powers.The board shall have the following powers:
(1) To bear and decide appeals when it is alleged there is an error in any order,
requirement, decision, or determination made by an administrative official in
the enforcement of this chapter. The board must find the following in order to
28.02.005
§ 28.02.005
grant an appeal:
(A) That there is a reasonable difference of interpretation as to the specific
intent of tile Zoning regulations Or Zoning allay.
(B) Tliat the resulting interpretation will not graiit a special privilegc to one
property as ewisistent with. other properties or vises siniihirly situated.
(C) The decision of the board must be such as Neill be in the best interest of
the community and consistent with the spirit and interest of the city's
zoning laws.
(2) To licar and decide special exceptions to the terms of this cliapter. 'I'lic terill
(tspecial exception" sI)aII nican a deviation from the rcquirenien(s of the, zoning
ordinance, specifically cminienited herein, which shall be granted only in the
following instances, and then only 'when the board finds that sueli special
exception will not adversely affect the value and use of adjaccnt or
neighboring property or be contrary to the best public interest:
(A) "ro reconstruct, extend or eillarge a building occupied by elC
11011collforlijilig use on the lot or tract occupied by such building,
provided that the reconstruction, extei)sion, or enlargement does not
prevent the return of the property to a conforming use.
9
(B) To deviate yard requirements in the following C11,C11111stances:
An exception from the front yard requirements where the actual
front yard setback of an abutting lot (toes not mcct the front yard
4P
requirement or a rear yard exccptioli where the actual rear yard
setback of any four (4) or more lots in the sank block do not niect
the rear yard requirements of these regulations.
(ii) A yCard exception on corner lot-9
(iii) An exception where the existing front yard setbacks of the various
lots in the saine. block are not uaiforni, so that any one of the. existing
front yard setbacks shall, for a bitilding hereafter constructed or
extended, be the required iiiiiiiniurn front yard depth.
(iv) An exception from the mininium front yard requirenicnts for owner
identification signs where a structure existing at the effective date of
this chapter precludes locating a sign 'in compliance with the setback
regulation.
(v) An exception from a mininium interior side yard setback
requirement for owner identification signs for cxisting businesses
which were developcd prior to Apri 1 1, 19 8 1, where there i s no safe
place to erect a Sigil ill Compliance with the mininitun. setback
requirements. A condition for granting of the exception is t1lat the
applicant must demonstrate that the sign slicrill, not screen or obstruct
28.02.005
§ 28.02.005
the view of an existing sign, building, or outdoor display area
Nli) An exception from the minimum side yard setback requirement
where a nonconforming building wifis in existence at the tin -le of the
passage of this ordinaace [Januar 17, 1984'
Y .1 -
(C) To wraive or reduce off-street parkingand loading requirements wlicn the
board finds the same are unnecessary for the proposed use of the buil(ling
or structure for which thespecialexception request applies.
(D) "Fo grant an exception for ten (10) a(Witional feet in height for an
advertising sign when, in the board's judgment, tine w
e sign, at a log
height, will block an existing Sig11 01- Sti'LlCtUre from view or itself be,
blocked from view.
(3) To authorize upon appeal in specirle Cases Such variance from the te-rills of this
chapter as will not be contrary to the public interest,, where, ow gig to special
Bondiions,a literal enforcement of the provisions of said laws Ngill result in
umiccessary hardship, ancl so that the spirit of the chapter shall be observed
an(I substantial justice done. "I'lic term "variance" sliall nic an a deviation from
the literal provisions of.the zoning ordinance which is granted by the board
wilell strict conformity to the zoning ordinance would cruse are uiuleccssary
hardship because of circumstances uniquc to the property on which the
variance is granted. Exccpt as otherwise prohibited under subsection 0) [(f)]
hereof, the board is empowered to authorize a variance from a requirement of
the zoning ordinance when the board finds that all of the following conditions
li,rave been met:
(A) That the granting of the variance will not be, contrary to the public
interest; an(I
(B) That literal enforcement of the chapter will result. in unnecessary hardship
because of exceptional narrowness, shallowness, shape, topognaphy or
other cxtraordmary or exceptional physical situation or physical
con(lition unique to the specific piece of property in question.
"Umieccssary handicap [hardship]" shall nican physical hardship relating
to the property itself. The following may also be considercd when
deterniiiiing "unnecessary handici-ip":
(i) the cost of Compliance N-N/ith the Zoning ordimance is
greater than 50 I)ercent of the appraised value of the
stmeture cris shop-\,n on the most recent certified appraisal
roll; or
(i i) compliance would i-eSLllt in a loss to the lot on which the
sirCtUre is located of at Icast 25 porcent of the area on
which develolmient may physically occur; or
(Iii) conijAiance would rcstilt in the strticture not in
compliance ith a i -equirenicnt of another city orditiance,
w
buildiiig code, or other requiremcnt; or
(iv) complicame wotild result iii the mireasonable
eiieroacliment mi an da(lJ iacent property or easement; Olk
OIC City COIISidCI'S the StRICtIll-e to be a nonconforming
SIRICtUIV.
AC s distinguished ftom a li-ardship relating to convenimice-, —fil I (-it I - i R I
coms-iderlitions or caprice, and the hardship must not result from the
applicant's or property owner"s own actions; and
(C) That by granting the variance, the spirit of the eh peer will be, observed
and substantial j ustice will be done.
I'licapplierant shall have the burden of proving to the board that the foregoing
conditions have been met.
Use Variatic hibited.No variance shall be granted to permit a use in a zoi)ing
district in which that use is prohibited.
I
(g) Additional conditions. The board is empowered to impose upon any variance or
special exception any condition reasonably necessary to protect the public interest
and community welfare.
(h) Revocation or modification.
(1) A variance or special exception may be revoked or modified for any of the
following reasons:
(A) That the variance or special exception was obtained or extended by fraud
or deception.
(B) That one or more of the conditions imposed by the board in granting such
variance or special exception has not been complied with or has been
Violated.
(C) That the variance or special exception, although granted in accordance
Nvith all requirements hercof, has caused ci nuisance or is otherwise
detrimental to Imblic Health, safety and welfare.
(2) An action to revoke or modify a previously granted variance or Special
exception may be initiated by order of the city council, the city manager, any
member of the board, or the person who of taincd the variance or special
exception.
(3) 'Flie board of adjustment shall hear a request for the revocation or modification
of a variance ors cei al exception in accordance with the same notification and
hearing procedures established for origheal wariances and special exceptions.
0) Notification and licaring pro cess.Any request for an appeal, variance or special
exception shall require a public hearing before the board. Notice of said hearing
shtll I be published at least one time in a newspaper of the city, at least tell 0 0)
(lays prior to the day of the hearing. A written notice of the hearing shall he sent to
ONN'llers of property sitoated within two hundred (200) feet of the exterior boundary
appeal, varimice or exception is
of tile property with respect to which smchc a
rcquested. It slvall be sufficient that such written notice is addressed to the owner
appearhig oii the most current hax roll of the city and addressed to such owner at
the address stated o11 said roll. If no owner is stated oii the tfax roll, or no address
appears theremi, the written notice to such property owner shall not be required. A
processitig fee of two hundred fifty dollars ($250.00) shall be paid to the city iii
advatice of the hearing. In the event the appl ication is withdrawn prior to the
mailhig of the required written notification of publication in the official
newspaper, the fee shall be refmided.
Action of the board."I'lic concurrhig vote, of four (4) inembers of the board shall be
necessary to reverse atiy order, requirement, decision or determination of any such
administrative official., or to dccide hi favor of the applicant on any matter upon
which it is required to pass under my such ordinance, oi effect ffCC t ,el ny variation ill
such ordinmice.
(k) Appeal fromdecislon of board. Any person aggrieved by any decision of the board '
of adjustment, or -,my officer, del artment. or other board or comillission of the city
or the city council, may appeal the decision or criction of the board of adjustment by
ilia g Cr p efitim for sa me i ri a court of competent, j 111-1 Sd i ct i0ii, setting fort 11 tin t
such decision is illegal in whole or in part, and specifyhig the grounds for the
alleged illegality. Such petition shall be filed with the court within ten (10) (lays
from the day the board renders its decision, and not thereafter. The fillic period set
forth herein shall be dcemed jurisdiction 1.
(1) Reat)plication.No application for a variance, special exceptioll, or aloe which
lilts been d enied shall be aga i n filed e carl i er than olic year from the elate of o ri g in l
denial.
(m) Validitv.1fami application is granted by the board, all permits nceessary for the
prosecution of the work must be obfic-iiiied within one (1) year mid construction
completed within the fime established by the buildhig code. All previous
applications approved by the board. for which building permits have not been
issued sliall be valid only if a building permit is obtained within one (1) year after
receipt of a written liotice of the requirements of this section and coiistruction must
be completed within the. time limits set forth hi the building code. Written notice
shall be considered received oil the date such notice is mailed to the person, frill
or corporatim who received the variance addressed to the address of such person,
firm or corporation as the sanic sliall appear In the records of the planning
department relating to the granting of such application.
(Ordinance 81-17, see. 1, adopted 3/10/8 1; Ordinance 81-58, sec. 3, "Adopted 7/28/81 ;
Ordinance 82-134, sec. 13, adopted 12/14/82; Ordiii-ance 83-144, see. 1, adopted 10/25/
83; Ordinmice 84-09, sm 1, adopted 1/17/84; Ord iiiame 84-87, sec. 1, adoptcd 6/26/
84) Ordinatice 86-30, sec. 3, adopted 3/25/86; Ordinaticc 92-62, sec. 7, adopted 8/11/
92; Ordinatice 03-098., see. 1, --cridopted 12/9/03; 1978 Code, sec. 30-37
BEAuMONT
Plaitirlirg & Community Development
Case Type:Planning and Zoning
Case Stitt Type: Ordinance Amendment
Case ft. PZ2023-70
Location:
Individuals listed on the record:
Applicant
City of Beaumont
801 Main Street
Beaumont, TX 77701
Flood Zones
ConstrLiction Type
Occtipancy Type
Fire District
Notes:
Case Status: REVIEW
Tag Name: Amendments to Zoning Ordinance for the
Board of Adjustment, 28.02.005(3)(B)
Initlatod On: 2/14/2023 10:06:55AM
Home Phone:
Work Phone: 409-880-3100
Cell Phone:
E-Mail: zoning@beaL]mon(texas.gov
Case Type: Planning and Zoning Page i of I
Case #: PZ2023-70 Printed On: 3/2412023
DATE: April 17, 2023
TO: Planning Commission and City Council
FROM: Derni Engman, Planning Manager
S0B.ECT: Consider n request for s Specific Use Permit to expand a parking lot in the
GC-MD-2 (General Commercial - Multiple Family Dwelling District - 2) zoning.
FILE: PZ2023'83
John Wilson request approval of a Specific Use Permit to expand a parking lot located at 1350
W. Lucas Drive. All new/land uses within the GC-MID-2 zoning district requires a Specific Use
Permit. Mr. Wilson intends to demolish the existing office and expand the parking lot to
accommodate customers and employees dining at his restaurant, J. Wilsons.
Section 28O4.008UlC7\ states, "when o Specific Use Permit is required, the landscape buffering
andfencing required hwthis section may /emodified o/eliminated osccondition nfa specific
use permit." Mr. Wilson requests a waiver to the perimeter landscaping requirement along the
north property line; however, he does intend to install an 8' wooden fence to screen the
parking lot from the residences tothe north.
Per Engineering, the proposed parking layout is feasible; however the southern driveway may
need to be shifted to the south approximately 15' to align with the drive aisle or the first few
spaces in front of the existing driveway may need to be eliminated and marked "no parking."
Staff recommends approval of the request with the following conditions:
1. The expansion will not require perimeter landscaping along the northern property line.
Z. Along Lucas Drive and the gravel parking lot, a 6' landscaped buffer shall be installed
and in compliance with Section 28.04.006 Landscaping and screening requirements.
3. Adhere to all applicable Engineering requirements.
Please note that final occupancy approval is subject to review and acceptance of submitted
Exhibits are attached.
PUBLIC NOTIFICATION
Notices tinalled to property owners 18
Responses 1nFavor _ Responses |cOpposition
LEGAL DESCRIPTION FOR ORDINANCE PURPOSES
Being Lot 4 Block 9 Calder Highlands, Beaumont,Jeffeaon County, Texas, contain1ngO.258
acres, more orless.
ANALYSIS
CONDITIONS FOR APPROVAL OFSPECIFIC USE PERMIT
(SECTION 28-26.E� ZONING ORDINANCE)
Application Application
is in ianot [n Comments
m U compliance Attached
Conditions:
1.That the specific use will becompatible with and
not 1 jUriOUS to the use and enPjoymentufother
property, orsignificantly diminish orimpair
property values within the immediate vicinity; X
2.That the establishment ofthe specific use will not
impede the normal and orderly development and
improvement ofsurrounding vacant property; y
3.That adequate utUh]es.,access roads, drainage and
other necessary supporting facilities have been orwill
be provided; X
4.The design, location and arrangement ofall
driveways and parking spaces provides for the safe
and convenient movement ofvehicular and
pedestrian traffic without adversely affecting the
general public uradjacent develop monis; x
S.That adequate nuisance prevention measures have
been orwill betaken bzprevent orcontrol offensive
odor, fumes, dust, noise and vibration; X
G.That directional lighting will be provided so as not
todiSturboradversely affect neighboring properties; X
7.That there are sufficient landscaping ondsoreening
toinsure harmony and compatibility with adjacent
property; and, x
8.Thot the proposed use |sYnaccordance with the
Comprehensive Plan. »
GENERAL INFORMATION UBLIC UTILITIES
PROPERTY OWNER:
EXISTING ZONING:
PROPERTY SIZE:
EXISTING LAND USES:
FLOOD HAZARD ZONE:
USES:
SURROUNDING LAND
NORTH: Residential
EAST: Commercial
SOUTH: Commercial
W EST: Residential
STREETS:
John Wilson
I334LucasVentuneLLC
135OVV.Lucas Drive
R8 (Residential Single Family Dwelling
DbtdrH
~0.256acres
Residential
X—Area determined tobcoutside the 5OO
year flood plain.
RS(Residential Single Family Dwelling
District)
GC -MD (General Commercial - Multiple
Family DmxeD|nmi
RS
Stable Area
West Lucas Drive - Secondary Arterial with
6O'wide r|ght-of-vvayand 47'pavement
width.
Cu[band gutter
1O"Water line
15"Sanitary sewer line
PROPERTY OWNERSNOTIFIED WITHIN " '
CITY OF [3EAUMONT
RUpf'EL AAROiV K & RELLA
MICNELG
RUPPEL AARON K & DEI.1.A M
UDI PROPERTY
VAUGFiN EMERALD
DELAWARE & DOWLEN GROUP LLC
1334 LUCAS VENTURE LLC
3.334 I.UCAS VENTURE LLC
DAWSON LEE WILBER
F/IUL DAVfD K & BONNIE C
1390 INVESTMENTS LLC
SUMMERS MARK
MURRAY TERCSA J
DELAWARE & bOWLEN GROUP LAC
1390 INVESTMENTS LLC
VALENCIA RE88ECA (TOD)
STRICKLAND SHELf3Y &
RUIZ ANbREW & GLADYS R
BEAUMONT
PIM1111119 & C0111111LInity Development
Case Typo:Planninq and Zoning Case Status: REVIEW
Case Sub Type: Specific Use Permit Tag Namo: Amended SUP to expand J. Wilson's
Case It: PZ2023-83 parking lot.
Location: 1350 W LUCAS DR, BEAUMONT, 77706 Initiated On: 2/16/2023 5:15-59PM
trilivid uals listed oti the record:
Applicant
John Wilson
1220 Wilchester Circle
Beaumont, TX 77706
Propefty Owner
1334 LUCAS VENTURE L.L.G.
Missing Address, City, Stab, or Zip Code in People
Case Type: Planning and Zoning
Case ff: PZ2023-83
Horne Phone,
Work Plione:
Cell Phone: 281-743-2320
E-Mail, jwilsonQwilsons.com
Houne Phone:
Work Phone:
Cell Phone:
E-Mail:
Page I of
Printed On: 3124/2023
B EAU MO N T
Planning & Community Development
Legal Description CALDER HIGHLANDS L4 B9
Number of Acres 0.33
Proposed Use Additional parking for Milsons
That the specific use will be This will just be a continuation of the already existing parking lot
compatible with and not injurlous to behind Mil on
the use and enjoyment of other
property, nor significantly (11minish or
impair property values within the
lininediate vichility
That the establishment of the specific
LISO Will not linpede the normal and
orderly devolopment and improvement
of surrounding vacant property;
That adequate utilities, access roads,
drainage and other necessary
supporting facillfies have been or will
be provided
The design, location and arrangement
of all driveways and parking spaces
provides for th o safe and convenient
movement of vehicular and pedestrian
traffic
That adOqUate milsance prevention
vneasures have been or will be taken
to prevent or control offensive odor,
fumes, dust, nolse and vibration
That directional lighting will he
providod so as not to disturb or
adversely affect neighboring
properties
That there are stifficlont landscaping
and screening to Insure harniony and
compatibility with adjacent property
That the proposod arse Is in
accordance with the Comprehensive
Plan
Notes:
The property is already used as a parking lot, so it will not affect any
surrounding property
We will not be changing or adding any utilities and we will continue to
flow the drainagb to Lucas Dr.
Te parking lot will adhere to parking codes with adequate spacing for
parking spots and drives. The addition of an exit will provide a better
(raffia flow to and fforn Lucas.
We will continue the 8' privacy fence down the rest of the property
No additional lighting will be required for this project
We will continue the 8'privacy fence bUt will need a waiver for the
la n dscap! ng ordinance. Th 1 s project will require 10 0' in width and
that's what we have to provide adequate spacing for drives and
parking spots.
This will provide 25 new parking spaces as well as create a better
traffic flow due to the new exit created
Case Type: Planning and Zoning Page 2 of 2
Case #: PZ2023-83 Printed On. 3124/2023
[dear Plailr-ling C01111111SMon,
My Hare Is John W115011, Ocaner of Mii:son's rmtauranl at 419 Gl,ndys Avenue. I have
l)eell III bUS111e for over sevetl years and have been blessed to see I)t1sl1jess colitlijue to grow.
That bobir, Bald, I am needing more space for pailking my c,tlsto�mer's and employew' . I owl) OWA
property al 1 5 w# I-tjca� , wlllr:lr i alre��f f�,��ctior�Ir��� as are overflow I�arfCir� dot. I'll)
r que tillf, tO Move the current house on the Luct-is side, and cor11111UP the parking lot. This wife
crecale 25 more parking spaces and allow traffic to flow more flUldlY. This will create all
t 14,111Ce flild,311 C it w11101 CUrrently does 11ot exist. I'm also requesting a waiver for the 10'
lands IPO I- U f fer, but will install ail 1 ' woo(# ferjc(� along the properly fine bordering
residentially oiled area. Thank you for your time
Sincerely
John Wilson
PZ2023-83: Req uest for an Am e n de Specific U se Permit to expand a pa rking lot in the CSC -MD-
( ner l Commercial — Multiple Family Dwelling - District.
Applicant: John Wilson
Location: 1350 W. Lucas Drive
0 100 200
1 1 1 , ----A Feet
DATE: April 17, 2023
TO: Planning Commission and City Council
FROM: Demi Engman, Planning Manager
SUBOECT| Consider a Specific Use Permit to allow a carpentry business in the GC -MD
(General Commercial — Multiple Family Dwelling) District.
FILE: PZ2023-86
�-APr- nFpnA7
Javier Re|da requests approval of Specific Use Permit to allow a carpentry business located at
1009 Orange Avenue. The operations of the business entail manufacturing of kitchen
cabinets, bathroom vanities, bedroom closets and office cabinets. The facility will be used for
carpentry along with storing materials. The hours ofoperation are Monday through Friday
from 9am to Spnm with two (2) uarpectzrsonsile.
The Board ofAd|ustment reviewed a request for a special exception to waive off-street parking
and loading requirements for the carpentry shop on Aod| 6` 2023. The Board approved the
request. This approval allows the carpentry business to move forward with three (3) parking
spaces and one ADAparking space asnotated onthe site plan. Please see visual reference of
the aforementioned located |nyour packets.
Planning staff recommends approval of the request with the following conditions:
1. Shall be in compliance with Section 28.04.007 Performance Standards.
2. Shall be in compliance with all applicable Building and Fire Codes.
3. Outside storage of construction materials shall not be permitted.
4. Construction plans nnust meet all requirements by Water Utilities for water and sanitary
sewer services, including any requirements of the C|1u/s bacN0ovv pre-treatment
and/or FOG program.
Please note that final occupancy approval ks suNoct to review and acceptance of submitted
plans and field inspections to verify compliance with applicable codes.
Exhibits are attached.
PUBLIC NOTIFICATION
Notices mailed to property owners 17
Responses in Favor Responses in Opposition
LEGAL DESCRIPTION FOR ORDINANCE PURPOSES
Being Lot 67 and northern 45' of Lot 68, Block 6, Crary Addition, BeaUr ont, Jefferson County,
Texas, containing 0.327 acre, more or less.
GENERAL INFORMATION/PUBLIC UTILITIES
APPLICANT:
Javier Ralda
PROPERTY OWNER:
Victor Corrales
LOCATION:
1009 Orange Avenue
EXISTING ZONING:
GC -MD (General Commercial — Multiple
Family Dwelling)
PROPERTY SIZE:
"0.327 acres
EXISTING LAND USES:
Commercial
FLOOD HAZARD ZONE:
X —Area determined to be outside the 500
year flood plain
SURROUNDING LAND USES:
SURROUNDING ZONING:
NORTH: Commercial/Vacant
GC -MD (General Commercial - Multiple
Family Dwelling)
EAST: Commercial P
RCR (Residential Conservation
Revitalization)
SOUTH: Residential
RCR
WEST: Vacant
}SCR & GC -MD
COMPREHENSIVE PLAN:
Conservation and Revitalization
STREETS:-
Gilbert Street — Local Street with 60" wide
right-of-way and 24' pavement width.
Orange Avenue — Local Street with 60"
right-of-way and 28' pavement width.
DRAINAGE:
Curb and gutter/Open ditch
WATER:
211 water lines
SANITARY SEWER SERVICE:
611 sanitary sewer line along Gilbert St
and 10" along Orange Ave
PROPERTY OWNERS
AIEF SAMEI
AREF SAI EER
A EF SAI IEFf
AIEF SAEI
LAFLEUR VALE IFSA ESTATE
TRAIL DIY -NC
ARELLANO-LOZA MARIO M
DIOCESE OF BEAUMONT
DIOCESE OF BEAUMONT
SIFUENTES FRANCISCO & ROSA
SIFUENTES FRANCISCO & ROSA I
GARZA MA Y ELLEN
GARZA MA Y
MALENO FI VALERA
ALE
UYEN LOAN
SIFUENTES FRANCISCO & ROSA i1 A IA HERNANDE
SANCHEZ NESTORN
BEAUMONT
Planning & Community Development
Case Type:Planning and Zoning
Case Sub Typo: Specific Use Permit
Case it: PZ2023-86
Location: 1009 ORANGE AVE, BEAUMONT, 77701
Itidividijals listed ot) Me record.,
Applicant
Javier Ral(fa
9201 Oak Atbor Dr
Conroe, TX 77384
Property Owner
Victor Corrales
5570 Minner dr
Beaumont, TX 77708
Case Type: Planning, and Zoning
Case ff: PZ2023-86
Case Status: REVIEW
Tag Name: SUP for carpentry business in GC -MD
district.
Initiated On: 2/21/2023 11:21 A 1AM
Home Phone: 9794299742
Work Phone:
Cell Phone: 9794299742
E-Mail: javier@carpenwood.com
Home Phone: 4092913149
Work Phone:
Cell Phone- 4092913149
E-Mail, corralesv1ctor1987@gmail.com
Pagel of
Printed On- 312712023
B'EA,V MO N T
Planning & Community Development
Legal Description Lot 67, N 45' of lot 68
block 6
Crary Addition
N u n1b e r of Acres 0.33
Proposed Use Carpentry Shop
That the specific use will be
We are going to be building kitchen, bathrooms, office cabinets, this
compatible with and tint Injurious to
will not create any danger or injuries to other properties.
the use and enjoyment of other
property, nor significantly diminish or
impair property values within tho
i in me (I i a to vicinity
That the establishment of the specific
All our work will be done inside the building
use will not impede the normal and
orderly flevelopynent and Improvement
of surrounding vacant property;
That adequate tififitles, access roads,
The building and street have roads and drainage already in place
drainage and other necessary
supporting facilities have been or will
be provided
The design, location and arrangement
low traffic area (almost dead end) parking is safe for other cars and
of all driveways and parking spaces
pedestrians
provides for the safe and convenient
movement of vehicular and pedestrian
traffic
That adequate nuisance prevention
Our work will be done inside the building and low or no noise will be
measures have been or will be taken
outside the building.
to prevent or control offensive odor,
fumes, dust, nolse and vibration
That directional lighting will be
The current illurninafion (municipal) is not diStUrbing any neighbor
1) rov i d ed so as trot to disturb or
adversely affect neighboring
properties
That thero are sufficient landscaping
The property is facing the street and has some grass and trees also
and screening to Hisure harmony and
sidewalks
compatibility with adjacent property
That the proposed use is in
We are only planning to build cabinets
accordance with the Comprehensive
Plan
Notes:
Case Type: Planning and Zoning Page 2 of 2
Case it. PZ2023-86 Printed On: 3127/2-023
Carpenwood
mm-carpenwood.colli
City of Beaumont
Februaty 14, 2023
To Whom May It Concern:
We are hitending to create the f 011owhig items: kitchen cabbiets, baffiroom vanities, room closets and
office cabinets, The facilities are going to be just as a wareliouse, our business does noL have ,I
Showroom, to showcase our Nvork Nve will use our website
I WIVNV.C,,Llrpcllllllloolilcoera
o
The intended world n g hours are Mon d aty fl) rough Fliday f rom 9am to 5 pm.
We are planning to hire 2 carpenters tO IWIP its get tbe work done,
Her you will have a last of all the Rocess es dint will be performed:
0
Loading unloading sheets of Plywood, melamine, MDF, Formica and all other type of hard
Nvood required to Imild the cabinets.
0 L oading/unloadi ng of the finished cab! ne ts drat a re going to b e his talleOhouses/offccl I en t
is
0 Sawilig materials to btdld the cabinets,
0 Nailing and gluing differat pieces of the cabinets to be installed,
0 1 111 d
S an cU ng mater! als to give die desired la ok and readiness to b e pa 1 nted/stained if eede
The area designated to the offices is going to be used to do the adminiarative work.
Victor, A Corrales Lopez
JaNder aIda Reyes
PZ2023-86: Request for a Specific Use Permit to allow a carpentry business in the GC -MD
(General Commercial — Multiple Family Dwelling) District.
Applicant: Javier RaIda
,Location: 1009 Orange Avenue
0 100 200
Feet
DATE: April 17.2O23
TO: Planning Commission and City COUncil
FROM: Demi Engman, Planning Manager
SUBJECT: To consider a Specific Use Permit to oUovv o gaming fad|hv in the GC -MD
(General Commercial Multiple -Family Dwelling) District.
FILE: PZ2023-130
Fayyaz Ahmed requests approval for a Specific Use Permit to allow a gaining facility located at
2560 Interstate lO East. Mr. Ahmed intends to install thirty (30) gaming machines with two
(2) staffed individuals and operational hours of 10amo to lOprn, Monday through Sunday.
Security will be provided through and alarm system and cameras.
it should be noted that gaming facilities that have five or fewer machines tend to be considered
accessory in nature,, when park of primary use, and as such tend to resu|L in fewer negative
impacts onsurrounding land Uses. However, larger game rooms with dozens ofmachines take
on the scale of 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 'and 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 ofgaming facilities.
This property |s}nclose proximity tocity-owned pmpeMy to the north, hotels to the west a
church and city -owned park to the east, and two (2) high density apartments located off Sweet
Gum Lane. In regards to consideration of safety, 911 reports indicate from January 1, 2020 to
March 28, 2023. there have been two -hundred nineteen (219) calls made in relation to the
suites within the Town Center Shops Plaza.
Staff recommends denial of the reqUest.
Please note that final occupancy approval is subject to review and acceptance of submitted
plans and field inspections to verify compliance with applicable codes.
Exhibits are attached.
PUBLIC NOTIFICATION
Notices malled to property owners 9
Responses in Favor Responses in Opposition
LEGAL DESCRIPTION FOR ORDINANCE PURPOSES
Being part ofBlocks 3'4and 5^Emma Reed Addition, BeaunmonL Jefferson County, Texas
ANALYSIS
CONDITIONS FOR APPROVAL [>FSPECIFIC USE PERMIT
(SECTION 28~26.E�
Application Application
is in isnot Ill Comments
compliance compliance Attached
Conditions:
1That the specific use will becompatible with and
not injurious Lotheuseande 'oymeniofother
property, o[significantly d|mintshorimpair
property values within the immediate vicinity; X
2.That the establishment ofthe specific use will not
impede the normal and orderly development and
improvement of surrounding vacant property; x
3.That adequate utilities, access roads, drainage and
other necessary supporUngfacilities have been orwill
be provided; X
4.The design, location and arrangement ofall .
driveways and parking spaces provides for the safe
and convenient movement ofvehicular and
pedestrian traffic without adversely affecting the
general public oradjacent developments; X
S.That adequate nuisance prevention measures have
bee norwAUbetaken toprevent orcon\no|of fens|ve
odor, fumes,dust, noise and vibration; X
G.That directional lighting will be provided soasnot
iodisturb oradversely affect ne1ohboringproperties X
7.That there are sufficient landscaping and screening
toinsure harmony and compatibility with adjacent
property; and, x
O.That the proposed uaeislnaccordance with the
Comprehensive Plan. X
GENERAL INFORMATION/PUBLIC UTILITIES
OWNER:
PROPERTY
ZONING:EXISTING
PROPERTY SIZE:
USES:
EXISTING LAND
FLOOD HAZARD ZONE:
SURROUNDING LAND USES:
EAST:
Commercial
SOUTH.
Commercial
WEST:
Residential
FavvazAhmed
BashPaLe|
25GOInterstate lOEast
GC -MD (General Commercial -Multiple
Family DvveU1ne District)
~l.55acres
Commercial Shopping Center
X—Area determined tobeoutside the 5OD
year flood plain.
SURROUNDING ZONING:
GC'W1O (General Commercial -K4uh1p\e
Family Dwelling District)
GC -MD
GC -MD
Conservation Revitalization
Interstate Highway 10 East ' Freeway with
~25O'\w>dedght-of-wum«and 45^pavement
width at the access road.
Curb and gutter
8"Water line
lZ"Sanitary sewer line
PROPERTY OWNERS NOTIFIED WITHIN 2001
409 PROPERTIES LLC
2655 SWEETGUM I.N LLC
RG APARTMENTS LTD
CITY OF E3EAUMONT
ShURHAfVI LLC /RED CARPET INN &
SUITES
NGUYCN JOHN
$SHREEJI$ PROPERTIES LLC
LE HANH
AESFiA l.l.0
BEAuMaNT
Planning a Community Development
Case Typo:Planning and Zoning Case StatLIS: REVIEW
Case SLIb Type: Specific UselRezone Tao Name: SUP to allow a gaming facility.
Case 11: PZ2023-130 I ni ti ate (10 iv 3116/2023 2 -13* 21 P M
Location: 2660 1H 10 E
Individuals listed on the record:
Applicant
fayyaz ahmed
2397 661h street
port arthur, tx 77640
Properly Owner
clash patel
Missing Address, City, State, or Zip Code in People
Case Type: Planning and Zoning
Case M PZ2023-i 30
Home Phone:
Work Phone:
Cell Phone: 409.963.5569
E-Mail: desaipavan20l5@gniail.coni
Home Phone*
Wotk Phone:
Cell Phone:
E-Mail: desaipavan20l5@gniaii.coni
Page 1 of 2
Printed On: 3/27/2023
B EAV,MC3 N T
Pic-11111111g & C011111IL1111ty Development
Legal Doscriptlon REED EMMA PT BLKS 3 4 5 1.55AC 2550-2578 INTERSTATE I OE
Number of Acres 1.55
Proposed Uso gaming site wi(h 30 machines.
That the sp ecif le use will be
we will enSUre that we won't allow any illegal activity in OUr business
compatible with and not hijurious to
and nor
the use and enjoyment of other
will affect any bLISiness around us i will make sure that and we are
property, nor significantly diminish or
running with fully inside
impair property values within the
and Outside cam ieras.
Immediate vicinity
That the establishment of the specific
use will not Impede the normal and
orderly devolopment and improvement
of surrounding vacant property;
That adequate utilities, access roads,
drainage and other necessary
su ppo rting facilities have been or will
be provided
The design, location and arrangement
Hof all driveways and parking spaces
provides for the safe and convenient
movenient of vehicular and pedestrian
traff is
That ad e (I u to n tj i s a n ce p rove ntio n
in eas u res gave been or will be taker
to prevent or control offensive odor,
foines, dust, noise and vibration
That directional lighting, mill be
prov ld e cl s o as not to d 1 stu rb or
adversely affect neighboring
properties
T h at there are s ti ff1clen t landscaping
and s Gre e n 1 n 9 to i ii s u re ha rin o ny and
compatibility with adjacent property
That the proposed LISe IS in
accordance with the Comprehensive
Plan
Notes:
Case Type: Planning and Zoning
Case #: PZ2023-130
we will make sure from our side that our customer will not be involved
In any
ollier property.
yes there is a road to go tQ 010 Utilities area, there is drainage for the
water to go
from it.
there is a big parking lot. we have arrangement for OUr parking space
for our
customer
we have exhaust fan to control offensive odor and we will have all
supplies in the
1)(ISIness before we start to keep it clean from outside and inside.
we are only using coninio n lights which won't affect any one outside.
we don't landscaping department under us that department property
owner will
take care it time by time
all rules and regulations will be same as per business.
Page 2 of 2
Printed On: 3/27/2023
Application 11) 11: PZ2023-130
Applicant Name: 1--ayyaz Ahmed
BLISiness Name: Game Room (2552 1-10 Frontage Rd, Beaumont, TX 77703).
Hours of Operation: 10 A.M. to 10 P,M,, Monday to Sunday.
Inventol^y,, 30 Slots machine,
6
Staff: 2 people will run all day business and will Manage. (Fayyaz Ahmed &
Asutosh Jariwala),
Fridge: 2 Fridge will provide for customers for drinks in one cooler and snacks in
one cooler,
Security: we will have ADT security company will provide us alaram system for
business.
In & Out for Customers: We will provide I front Door for customer to go out and
1 n.
Cameras: We will have total of 5 cameras for all safety for customers. (inside and
outside cameras).
Facilities: We will have one Unisex Bathroom.
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CD C r-A C) CD C) C) Co C C3 CD C) CD Cx C) CD r-1 r--A C`+I C3 C) O :) C C) O CD (D } i ]
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CD C) CD Q C) C3 CD ] C r1 H H H r-1 r-i H H H H H r-# H rA r-1 r-{ H r-A <D C CD (D C)
ko
COMMUNICATIONS
List of Events (S)iort Format) - [No Caller]
Incidont it DatelTime Street City Additional Location Info Prime Unit
Nature priority Agcy Dist St/Bt RA Business - - to
20200027938 02108/2020 18- 05:16 2560 11-110 E BEA CHECK ALI SCREEN FOR
ANG P 911 BPD U2 ZI 1C LRI U LOCATION (S)WARD I
Hcc
(N)
20200047313 03/07/2020 18:02:56 2560 1H 10 E
SUSPPERSON 2 BPD Z1
VEHICLE
20200169721 10/07/202 0 10'21 * 51 2 66 0 1 H 10 E
CHECK WELFARE 2 BPD ZI
2020019280110111/2020 14:50:24 2560 IH 10 E
ALARM BURGLAR 3 BPD ZI
20200194258 10/13/2020 16:54.14 2560 1H 10 E
DISTURBANCE 2 BPD Z1
20210034979 02 /26/2021 134 03A 3 2500 1H 10 E
FLAGGED DOWN 4 BPD Z1
20210043186 03/11/2021 11'40*33 2560 1H 10 E
CHECK. WELFARE 2 BPD Z1
20210084177 05/121202109:18:25 2560 IH 10 DISTURBANCE
DISTURBANCE 2 BPD Z1
2 0210150882 08/1712021 09:11:21 2600 1H 10 E
MISCELLANEOUS 4 BPD Z1
2021023679112/2812021 10.08:41 2560 IH 10 E
CRIMINAL MISCH 3 BPD ZI
20210236792 12128/2021 10,09,16 2560 1 H `10
F
ID CALL 6 BPD Z1
20220008139 01/14/2022 03:62:39 2560 IH 10 E
TRAFFIC STOP 4 RPD Z1
PEOPLE READY
BEA (S)WARD 1 (N) 442
ic LR1 U KO
PEOPLE READY
BEA CHECK ALI SCREEN FOR 215
ic LRI U LOCATION (S)WARD 1 RO
(N)
PEOPLE READY
BEA
(S)WARD I (N)
u
ic LR1
PEOPLE READY
BEA
(S)WARD 1 (N)
u
1C. LR1
PEOPLE READY
BEA
(S)WARD 1 (N)
u
Ic
PEOPLE READY
BEA
(S)WARD I (N)
U
ic
PEOPLE READY
BEA
(S)WARD I (N)
U
Ic
PEOPLE READY
BEA
(S)WARD 1 (N)
u
Ic
PEOPLE READY
BEA
(S)WARD 1
U
ic
PEOPLE READY
BEA
(S)WARD 1 (N)
U
ic
PEOPLE READY
'BEA
(S)WARD I
U
Ic
PEOPLE READY
Events Listed,
12
NR
311
GO
312
AC
215
GO
216
DQ
215
.KO
213
RO
583
AC
141
AC
RopoTt air rates 03/201202-3 16:05:50 1 User ID: CAROLYNI
IIPSAPPIOSSICADICADVptlEvetilListSlioifForiiialNoCaller Page I of 1
COMMUNICATIONS
List of Events (Short Format) - [No Caller]
Incident # DatelTime
Street
City Additional Loration Info
Prime Unit
Nature Priority
Agcy Dist
SUM
RA Business
Close
2020001770101/26/2020 02,52.37
2578 11-110 E
BEA (S)WARD I (N)
145
ESCORT 3
BPD ZI
IC
U
LR1
AC
ALBASHA
MEDITERRANEAN GRILL
20200021512 01/3012020 23:15:36
2578 IH 10 E
BEA (S)WARD I (N)
115
THEFT 4
BPD Z1
I
U
LRI
RO
ALBASHA
MEDITERRANEAN GRILL
20200021532 01/30/2020 23:50-055
2578 IH 10 E
BEA (S)WARD I (N)
586
ID CALL 6
BPD ZI
IC
LR1 U
AC
ALBASHA
MEDITERRANEAN GRILL
2020002349102/02/2020 18:25:28
2578 1H 10 E
BEA CHECK ALI SCREEN FOR 442
U LOCATION (S)WARD 1
GO
DISTURBAKE 2
BPD ZI
I C
LRI
(N)
ALBASHA
MEDITERRANEAN GRILL
2020002405502/03/2020 13:32:55
2578 IH 10 E
BEA (S)WARD I (N)
581
ID CALL 6
BPD ZI
IC
U
LR1
ACL
ALBASHA
MEDITERRANEAN GRILL
2020003063202/12/202018:01:48
25781HI0E
BEA (S)WARD I (N)
441
TRAFFIC PROBLEM 3
BPD ZI
IC
U
L R I
AC
AL KASHA
MEDITERRANEAN GRILL
2020003993302/26/202009:17:27
25781H10E
BEA CHECK ALI SCREEN FOR 215
U LOCATION (S)WARD 1
RA
HIT AND RUN 3
BPD ZI
IC
LRI
(N)
ACCIDENT
AL KASHA
MEDITERRANEAN GRILL
2020005170303/13/202021-402:58
2578111-110E
BEA (S)WARD I (N)
412
DISTURBANCE 2
13PD ZI
IC
U
LR1
DQ
AL KASHA
MEDITERRANEAN GRILL
2020006962104/11/2020 13:05:08
2578 IH 10 E
BEA (S)WARD 1
317
BUSINESS/BUILDING 4
BPD Z1
IC
U
LRI
co
CHECK
AL KASHA
MEDITERRANEAN GRILL
20200069828 04/11/2020 19:57-22
2578 I 10 E
BEA
493
BUSINESS/BUlLDING 4
BPD ZI
1C
U
LR1
co
CHECK
ALBASHA
MEDITERRANEAN GRILL
2020007088204/13/202016s.42:21
25781HI0E
BE (S)WARD 1 (N)
445
CHECK WELFARE 2
BPD Z1
I C
LRI U
AC
ALBASHA
MEDITERRANEAN GRILL
Report Ganorated: 03/30/2023 10:52:04 1 User ID: CAROLYNI
IIPSAPPIOSSICADICAOlri)IlEveiilLtstSlioifForti?alNoCc)llor Page 1 of 5
Incident # ate[Time Street City Additional Location Info Prime Unit
Nature Priority Agcy Dist SUM RA Business Clow
20200073052 0411712 2 16:16:20 2578 11-1 10 E
NUISANCE CALL 4 BPD ZI 10
2 2000 611 05/0 /2020 1616; 33 2578 1 H 10
TRESPASSING BPD Z1 1
20200117354 06 23/202 10:20:36 2578 IH 10
TRAFFIC PROBLEM BLEM P BPD ZI 1 G
2.6200 `i 230 7/02/2020 13:6 :34 2673 11-1 10 F
TRESPASSING 3 BPD Z1 1C
2020013110 07 12/2020 17; 0 .00 2578 IH 10 P
ASSIST FIRE/EMS 2 BPD ZI IC
202 0140 1 (7/2 /2 2 1 '16:61.1 2573 IH 10 E.
ID CALL 6 BPD Z1 1
200171 13 0 i1 12020 13-16,42 2578 IH 10 E
CASE FOLLOW P 4 BPD Z1 IC
2 2002460 1 °12/23 20M20 101-26, 20 2578 IH 10 P
DISTURBANCE 2 BPD ZI 'I+
20200240707 12/23/2020 1 :43:14 2578 I F1 10 E
TRAFFIC STOP 4 BPD Z1 10
2.02002 71 12 23/2 120 1 :62:63 2578 IH 10 F
CASE FOLLOW P 4 BPD Z1 IG
26210 311 1 02 20/2021 16: 1:44 2578 IH 10
TRAFFIC PROBLEM 3 BPD ZI IC
2621 06 10 4/17/26 1 20:51:26 2573 IH 10 E
TRESPASSING 3 BPD ZI 1
BEA (S)WARD 1 (N)
445
LR1
U
GO
AL KASHA
MEDITERRANEAN GRILL
BEA (S)WARD 1 (N)
658
LR1
u
AO
AL BASF -IA
MEDITERRANEAN GRILL
QUA CHECK ALI SCREEN FOR 213
U LOCATION (S)WARD 1
LR1
(N)
AC
AL KASHA
MEDITERRANEAN GRILL
BEA (S)WARD 1 (N)
412
LR1
U
WI
AL KASHA
MEDITERRANEAN GRILL
BSA CHECK ALI SCREEN FOR 442
U LOCATION (S)WARD 1
LR1
AC
AL BASHA
MEDITERRANEAN GRILL
BSA (S)WARD 1 (N)
589
LR9
u
ACL
AL BASHA
MEDITERRANEAN GRILL
BEA (S)WARD 1
543
LR1
U
AC
AL BASHA
MEDITERRANEAN GRII.I.
BEA DIST: 10.03 FT (S)WARD
449
U i (N)
LR1
AC
AL BASHA
MEDITERRANEAN GRILL
BEA (S)WARD 1
412
LR1
U
AA
ALBASHA
MEDITERRANEAN GRILL
BEA (S)WARD 1
413
LR1
U
AG
AL.BASHA
MEDITERRANEAN GRILL
BEA (S)WARD 1 (N)
442
U
GO
AL KASHA
MEDITERRANEAN GRILL
BSA (S)WARD 1 (N)
442
U
MD
AL BASNA
MEDITERRANEAN GRILL
List of Ev nt (ShoH Format) at) - [No Cellar] - Page 2 of 5
Incident # D t ffime
Street
City Additional Location Info
Prime Unit
Nature Priority
Agey Dist SUM RA
BUSIness
Close
20210079402 05105/2021 04:01:00
2578 11110 E
BEA (S)WARD 1(N)143
SUSP PERS N 2
BPD Z1 �1
GO
ALBASHA BABHA
MEDITERRANEAN GRILL
20210081076 05/ 7/2021i 14:21:01
2578 IH 10 E
BEA(S)WARD 1 (H)
312
Al ARM Hill n I1P P
BPD Z1 1
2021008 03 05/08/2021 12:50:04 2578 IH 10 E
ASSIST OTHER 2
BPD ZI I C
DEPARTMENT
20210105 9 06/12/2021 22:26:19
2578 IH 10 E
SUSP PERSON 2
BPD Z1 IC
VEHICLE
20210106136 06/14/2021 06 42:56
2578 IH 10 E
CHECK WELFARE 2
BPD Z1 1 C
2021011 45 06/30/2021 16:43:53 2578 IH 10 E
DISTURBANCE 2 BPD ZI IC
202101 0592 08 02/202'1 15:07:25 2578 1 H 10 E
SU P PERSON 2 BPD Z1 I
VEHICLE
20210159221 0 /28/2021 23:42:31 2578 IH 10 E
TRAFFIC PROBLEM 3 BPD Z1 I C
20210159274 08 29/2021 01:30:28 2578 1 H 10 E
TRAFFIC PROBLEM 3 BPD Z1 1 C
202101 33 09/0 /2021 11.12:05 2578 IH 10 E
TRAFFIC ACCIDENT 3 BPD ZI 10
MINOR
202'1013892 09 1912021 20:18: 12 2578 IH 10 E
FORGERY FRAUD 4 BPD Z1 IC
202101935 010/18/202'1 20: 0:15 2578 IH 10 B
TRAFFIC STOP 4 BPD Z1 1 C
ALBASHA
MEDITERRANEAN GRILL
BEA (S)WARD 1 (N)
313
u
AA
ALBASHA
MEDITERRANEAN GRil.l.
BEA DIST: 74.15 it (S)WARD 1
145
U (N)
CO
ALBASHA
MEDITERRANEAN GRILL
BEA (S)WARD 1 (N)
214
u
RO
ALBASHA
MEDITERRANEAN GRILL
BSA (S)WARD 1 (N)
412
u
DQ
ALBASHA
MEDITERRANEAN GRILL
BEA DIST: 36.07 FT (S)WARD
311
U 1 (N)
KO
ALBASHA
MEDITERRANEAN GRll.l.
BEA (S)WARD 1
444
u
AC
ALBASHA
MEDITERRANEAN GRILL
BEA CHECK ALi SCREEN FOR 145
U LOCATION (S)WARD 1
(N)
GO
ALBASHA
MEDITERRANEAN GRILL
BEA CHECK Al..l SCREEN FOR 213
11 LOCATION (S)WARD 1
RA
(N)
ALBASHA
MEDITERRANEAN GRILL
BEA CHECK ALI SCREEN FOR 442
U LOCATION (S)WARD 1
RO
(N)
ALBASHA
MEDITERRANEAN GRILL
BEA (S)WARD 1
493
u
AC
ALBASHA
MEDITERRANEAN GRILL
List of Feet (Shore Format) - [No Caller] Page 3 Of 5
Incident It DatetTime
Street
City
Additional Location Info Prime Unit
NatUre priority
Agog Chit t/Bt
IAA Business
Close
20210233701 12/22/2021 18:33-15
2578 IH 10 E
BEA
(S)WARD I N 462
H
S SP PERSONPF-RSON 2
BPD Z1 IC
GCS
VEHICLE
AL BASHA
MEDITERRANEAN GRILL
2021023 212/2O/2021 19: 8:25
2578 IH 10 E
BEA
CHLCK ALI SCREEN FOR 415
U
LOCATION �
CHECK WELFARE
I=AE
BPD � `� C
C
2022000 222 01 /15/2022 19*50:03 2578 IH 10 E
SUSP PERSON 2 BPD ZI 1 C
IEH ICLE
2022001202 01 /21 /2122 18:13:24 2578 I H 10 E
SSP PERSON 2 BPD ZI IC
EH ICLE
2022002235 02/04/2022 23:1: 2578 IH 10 E
DISTURBANCE 2 BPD ZI IC
20220048353 O3113/2022 2 :51: 4 2578 IH 10 E
TRESPASSING 3 BPD Z1 IC
20220099734 0 /24/2O22 07:41:44 2578 IH 10 E
ASSAULT 3 BPD Z1 1C
20220100107 0 /24/2022 1 :4 :02 2578 IH 10 E
TRAFFIC ACCIDENT P BPD ZI IC
MINOR
20220133341 07/ 1 O/2022 02:49: 4 2578 11---1 10 E
ID CALL 6 BPD ZI IC
20220174684 09/07 2O22 1 1: 12:08 2578 IH 10 E
HIT AND RUN 3 BPD ZI 1 C
ACCIDENT
202202078 4 '1 0/25/2022 0 :4 :4,3 2578 IH 10 E
,ALARM BURGLAR 3 BPD Z1 IC
202300026 01 /04 2O23 1448:47 2578 IH 10 E
MISCELLANEOUS 4 BPD ZI IC
AL BASHA
MEDITERRANEAN GRll.l.
BEA (S)WARD 1 (N) 442
U ._
AL KASHA
MEDITERRANEAN GRILL
BEA CHECK ALI SCREEN FOR 316
U LOCATION (S)WARD 1 GO
(N)
AL BASHA
MEDITERRANEAN GRILL
BEA (S)WARD 1 (N)
u DC
AL KASHA
MEDITERRANEAN GRILL
BEA (S)WARD 1 (N)
144
u
GO
Al. BASHA
MEDITERRANEAN GRILL
BEA (S)WARD 1 (N)
u
DUP
AL KASHA
MEDITERRANEAN GRILL
BEA CHECK ALI SCREEN FOR 412
U LOCATION (S)WARD 9
(N)
GO
AL BASS -IA
MEDITERRANEAN GRILL
BSA (S)WARD 1 (N)
586
u
AC
AL BASHA
MEDITERRANEAN GRILL
BEA (S)WARD 1 (N)
242
u
AR
AL BASHA
MEDITERRANEAN GRILL
BEA (S)WARD 1 (N)
u
cc
BEA (S)WARD '! (N) 313
u AO
AL BASHA
MEDITERRANEAN GRILL
List of Events (Short Formal) - [No Collor] Page 4 of
Incident It Date/Time
Street
City Additional Location Info
Prime Unit
Nature priority
Agey Dist St/Bt RA
BUsiness
Close
2023001300901/20/202302-01:13
25781HIOE
BB A (S)WARD I
SUSP PERSON 2
13PD ZI 1C
u
FC
VEHICLE
ALBASHA
MEDITERRANEAN GRILL
20230016950 01/26/2023 20:22:03
2578 IH 10 E
BEA (S)WARD 1
441
FLAGGED DOWN 4
13PD ZI IC
u
K0
ALBASHA
NAMITF-PRANFAN r-,R11 I
Events Listed:
49
List of Evonts (Short Fortmat) - IN Collor] Page 5 of 5
COMMUNICATIONS I
List of Events (Short Format) - [No Caller]
Incident # Date/Tinie Street City Additional Location Info Prime Unit
Nature Priority Agcy Dist St/Bt RA Business Close
2023003929203/03/2023 13-21-22 2576 I 10 E
ALARM BURGLAR 3 BPD ZI IC
2023002104302/02/2023 17-30-14 2576, IH 10 E
ALARM BURGLAR 3 BPD ZI IC
2021018147110/01/2021 02:46:45 2576 1H 10 E
ALARM BURGLAR 3 BPD Z1 IC
BEA (S)WARD 1 (N) 316
U BD
BEA (S)WARD I (N} 441
U BID
CLUB EXPRESSION
BEA (S)WARD 1 (N) 113
U BID
#Events Listed: 3
Report Generated: 03130/2023 10:56:45 1 User ID: CAROLYNI
11PSA PPIOSSICA 01CA OlrpllEvenlL lstShorlFormatNo Caller Page I of I
COMMUNICATIONS
List of Events (Short Format) - [No Caller]
Incident # Dateffirne Street City Additional Location Info Prime Unit
Nature Priority Agey Dist SUM RA BLISbIeSS Close
20230039292 03/03/2023 13:21:22 2570 IH 10 E BEA (S)WARD 1 (N) 316
ALARM BURGLAR 3 BPD ZI IC u BID
2020000881701,/13/202022:18:01 25701HIOE BEA (S)WARD 1 (N) 141
THEFT 4 BPD Z1 1C LR1 u K0
# Events Listed: 2
Report Goneratod: 0 ' 3/30/2023 10:58:42 1 User ID: CAROLYNI
IIPSAPPIOSSICADICADlri)ilEvot)tListSlioHForfiin(NoCallor Page I of 1
COMMUNICATIONS
List of Events (Short Format) - [No Caller]
Incident # Date/Time
Nature Priority
Street
Agcy Dist St/St RA
City Additional Location Info
Business
Prime Unit
Close
20200047519 03107/2020 22:43:44
2566 I 10 E
BEA (S)WARD I (N)
442
NUISANCE CALL 4
BPD 1 IC L11
U
AG
KOMMERCIAL KITCHENS
20200011772 01/18/2020 00943:17
2566 1H 10 E
BEA (S)WARD I (N)
145
NUISANCE CALL 4
BPD ZI IC LIB
U
GO
RlDGEWOOD CENTER
#Events Listed-
2
Report Generated: 03/30/2023 114404:51 1 User ID: CAROLYNI
IIPSAPPIOSSIC, SDI CADIrpliEvoi)IL[slSlioilForiiiatNoCallor Page 1 of I
COMMUNICATIONS
List of Events (Short Format) - [No Caller]
Incident # Dateffinle Street City Additional Location Info Prime Unit
1atUre Priority Agcy Diet St/Bt RA Business -_- lose
2020012021 `I 06 27/2020 13:39:12 2568 IH 10 E
AUTO THEFT 4 BPD Z1 IC
2020017 911 09/ 16/2020 1`i : :35 2500 IH 10 E
ANIMAL ]iAL TRAPPED 8
BPD Z1 1 C
20200175969 09/1612020 1:2'1:0'1
2568 1 H 10 E
ANIMAL 9
BPD ZI IC
11ISCECHECK
202001 13 309/24/2020 10:31:52
2568 11--110 E
ID CALL 0
BPD ZI IC
20200181385 09/24/ 020 17� 7:50 2568 IH 10 E
ID CALL 0 BPD ZI IC
2020019 022 '10/ 1 /2020 19:12:53 2500 IH 10 E
CHECK WELFARE 2
BPD Z1 1C
2020019 3810/15 2020 17-607:29
2568 IH 10 E
TRAFFIC ACCIDENT 3
BPD Z1 IC
MINOR
20200235958 1211 612020 10:3 :09
2568 1 H 10 E
A 11 AL LO SEI TRAY 9
BPD Z1 1
2021002 160 02/16/2021 00:09: 2 2568 IH 10 E
ASSIST PUBLIC 3 BPD ZI 1C
20210155835 0312 /2021 09:1 :35 2568 IH 10 E
TRAFFIC ACCIDENT 3 BPD ZI 10
MINOR
20210182720 10/03/2021 01:07:12 2568 IH 10 E
ALARM BURGLAR 3 BPD ZI IC
2022020601 10/22/2022 1 :23-01 2568 IH 10 E.
CHECK WELFARE 2 BPD ZI IC
20220210532 10/9/2022 03:34:28 2568 IH 10 E
ALARM BURGLAR 3 BPD ZI 1 C
BEA
(S)WARD I (N)
318
LR1
U
NO
BARS NECESSITIES
BSA
(S)WARD 1 (N)
823
LR1
U
AC
BARS NECESSITIES
BSA
(S)WARD 9 (N)
923
LR1
U
AC
BARE NECESSITIES
BEA
(S)WARD 1 (N)
583
LR1
U
AC
BARE NECESSITIES
BEA
(S)WARD 'f (N)
586
LR1
U
AC
BARS NECESSITIES
BEA
(S)WARD 1 (N)
439
LR1
U
MR
BARE NECESSITIES
BEA
(S)WARD 'i (N)
411
LR1
U
RA
BARS NECESSITIES
BSA
(S)WARD 1 (N)
923
LR1
U
AC
BARE NECESSITIES
BEA
DlST: 44.08 fl (S)WARD 'i
141
BARE NECESSITIES
BEA
CHECK ALI SCREEN FOR
242
U
LOCATION (S)WARD 1(N)
AR
BARS NECESSITIES
BSA
(S)WARD 1 (N)
U
SD
BARS NECESSITIES
BSA
(S)WARD 1 (N)
315
U
GO
BARE NECESSITIES
BSA
(S)WARD 1
145
U
BD
BARE NECESSITIES
Report Generated. 0313012023 11:3 , T 1 U or ID: CAR SLY 'I
DIPSA PPkOSSICA DICADVIAIEvenlL lfShoifFornialNo Caller Page 1 of 2
Incident It Dateffime
Street
City
Additional Location Info
Prime Unit
Natu-re Priority
Agey Dist
St/Bt
RA Business
Close
20220210788 10/29/2022 15-31:59
2568 I 10 E
BEA
(S)WARD 1 (N)
314
u
CRIMINAL MISCH 3
BPD ZI
IC
RCS
BARE NECESSITIES
20220210803 10/29/2022 15:53:07
2568 IH 10 E
BEA
(S)WARD I (N)
584
u
ID CALL 6
BPD Z1
IC
AC
BARE NECESSITIES
2022023375712/04/202202:52:01
25681HIOE
BEA
(S)WARD I (N)
463
u
ALARM BURGLAR 3
BPD Z1
IC
BD
BARE NECESSITIES
20220243423 12/18/2022 10:04:28 2568 1 H 10 E BEA (S)WARD I (N) 245
OVERDOSE p BPD ZI IC u RO
BARE NECESSITIES
# Events Listed: 17
L is t of Even Is (Sh o H Forma 1) - jNo C a Ifer] Page 2 of 2
-5-- -ific Use mit to allow a gaming facility In the ener
GC -MD (Ga
PZ2023-130: Request for a pec Per Commercial — Multiple Family Dwelling) District.
Applicant: Fayyaz Ahmed
Location: 2560 Interstate 10 East
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DATE: April 17, 2023
TO: Planning Commission and City Council
FROM Dem! Engman, Planning Manager
3U8[ECT| To consider a Specific Use Permit to a|kzVv a gaming facility in the GC -MD
(General Commercial MUltiple-Fatinily Dwelling) District.
E-E; PZ2023'134
STAFF RFPf-)RT
Kh'a Hussain and B|chk/Phemm request approval for aSpecific Use Permit toallow agaming
fBolUtV located at 3010VV8shiDgt0D BoUleVarri Suite R. They intend to install fifty (50) gaining
machines with one office nmanaQe[present and operational hours of8anm to 10prn, Monday
through Sunday. The office manager willalso be the security guard and will have customers sign
|nbefore they play onthe gaming machines.
/t should be noted that gaming facilities that have five or fewer machines tend to be considered
accessory in nature, when part of primary use, and as such tend to nesu|t in fewer negative
impacts onsurnound|ngland uses, However, larger game rooms with dozens ofmachines take
on the scale of small casino and as s 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 ofgaming facilities.
This property is in dose proximity with two (2) existing churches and abuts residential single
fann|;/zoned properties. Additionally, the shared parking lot has thirty-six (36) existing spaces
for the shopping plaza and the proposed gGDl|Dg f8dlhv VVoUH [eqU|[8 thirty-three (33) of those
spaces. Therefore, 9296 of the parking lot may be occupied by customers for the gaming
facility, which may lead toconflict amongst tenants, per Engineering.
Staff recommends denial of the request.
Please note that final occupancy approval is subject to review and acceptance Of Submitted
plans and field inspections to verify compliance with applicable codes.
Exhibits are attached.
PUBLIC NOTIFICATION
Notices mailed to property owners 23
Responses in Favor Responses in Opposition
LEGAL DESCRIPTION FOR ORDINANCE PURPOSES
Being Tracks 1. 61 B/ C, and D, Block 6., C&R A, David Brown League Survey, BeaUnIont, Jefferson
County, Texas, containing .815 acres, more or less.
ur,A|vq|q
CONDITIONS FOR APPROVAL OFSPECIFIC USE PERMIT
(SECTION 28-26.E) ZONING ORDINANCE)
Application Application
is in isnot |n Comments
compliance compliance Attached
Conditions:
1.That the specific use will becompatible with and
not injurious totheoseando 'oymeniofnther
property, orsignificantly diminish orimpair
property va|ueawithin the |mmediatevioinity, X
2That the establishment ofthe specific use will not
impede the normal and orderly development and
3.That adecueteut ���acoessroeds,dro|nageand
other necesaeryaupporUngfadUdeshavebee norvWU
be provided; x
4.The design, location and arrangement ofall
driveways and parking spaces provides for the safe
and convenient movement ofvehicular and
pedestrian traffic without adversely affecting the
general public oradjacent developments; X
S^That adequate nuisance prevention measures have
bee norvvU|betake ntoprevent orcontro|of fendve
odor, fumes, dust, noise and vibration; x
6'That d|nacUona|lighting will beprovided soosnot
to disturb or adversely affect neighboring properties; x
7.That there are sufficient landscaping and screening
toinsureharmonyand compatibility with adjacent
property; and, X
8.That the proposed use |s(naccordance with the
Comprehensive Plan. X
GENERAL INFORMATION/PUBLIC UTILITIES
-PROPERTY OWNER:
EXISTING ZONING:
PROPERTY SIZE:
FLOOD HAZARD ZONE:
SURROUNDING LAND USES:
Khaja Hussain and Richly Pharr
MA INVESTMENTS
3010 Washington BOLIlevard, SLIite B
GC -MD (General Commercial - Multiple
Family Dwelling District)
'0.815 acres
Commercial Shopping Center
X —Area determined to be outside the 500
year flood plain.
NORTH:
Residential
IDS (Residential Single, Family Dwelling)
EAST:
Vacant
GC -MD (General Commercial - Multiple
Family Dwelling District)
SOUTH:
Commercial
GC-M D
WEST:
Residential
GC-M D
COMPREHENSIVE PLAN: Conservation and Revitalization
STREETS: Washington Blvd- Secondary Arterial with
60'wide right-of-way and 50' pavement
width.
DRAINAGE: Curb and gutter
WATER: 8" Water line
SANITARY SEWER SERVICE: 8" Sanitary sewer line
PROPERTY OWNERS NOTIFIED WITHIN 2001
B&H N UYEN INVESTMENTS LLC
SULLIVAN VICTOR R.
CALMUS HOLDINGS LLC
TRANSTRANSG LO BAL PORT ARTHUR
LLC
GOOLSBY KENNETH
CU TIS J SEPH W JR
SMITI-I'DERRICK GLENN
WILLIAMS BERTHA I
EI IIEN JOL NN PEACOCK
M RRIS LAWRENCE ESTATE
NICKSON JOHNNIE P
ANDRUS R ESTATE
CARTER NORRIS JEAN
ALAN ALMA RSA
PHILLIPS FRAf CIS JEAI ETTE
AUFMAN RETTA
AU F A N ROZETTA
NUYEN TOM
E LAND GENEVA
MAZA INVESTMENTS
M NALA-I HALIL ABRAHAI'
GUILLORY HAL M
KFIEDEIR R MI 1SHAC
BEAVMONT
Planning & Community Development
Case TypoPlanning and Zoning
Case Stib Type: Specific Use Permit
Case it: PZ2023-134
Location: 3010 Washi tig ton Blvd. Suite B Beaumont, TX
Individuals listed on the record. -
Applicant
Khaja Hessian & Bichly Pleam
3831 7th Street
Port Arthur, TX 77642
Property Owner
MAZA INVESTMENTS
PO BOX 283
BEAUMONT, TX 77704
Case Type: Planning and Zoning
Case ft: PZ202,3-134
Case Status: REVIEW
Tag Name: S U P to a I low a gamin facility.
Initlatod On: 3/22/2023 2:21:35PM
Home Phone:
Work Phone:
Coll Phone: 409-225-0673
E-Mail: kkandukuruJnd@gmail. corn
Home Phone:
Work Phone:
Cell Phone:
E-Mail:
Page 1 of 2
Printed On: 313012023
BEAUMC3NT
K-1111111119 & C0111111L1111ty Developmem
Legal Description Magic Touch Gsin eroorn
NUmber of Acros 0.82
Proposed Use Gameroonn
That the Speciflo use will be Our goal to develop a good rapport with the public, city codes and
compatible with and not injurious to regulations to not [lave a big impact to property valves.
the use and enjoymont of other
property, nor significantly dimiril'sh or
Impair property values within the
Immediate vicinity
That tiro establishment of the specific
use will not impode the normal an(I
orderly development and Improvement
of surrounding vacant property,
That adeq Liate Litil lifles, access roads,
drainage and other necessary
SUI)I)OF1419 facilities have been or will
be provided
The design, location and arrangoment
of all driveways and parking spaces
provides for the safe an([ convenient
movement of vehloular and pedestrian
traffic
That adequate n u Is a n ce prove tit! on
measures have been or will be taken
to preve ti t car control offensive odor,
ftlinest clust, noise and vibration
That directional lighting will be
provided so as not to disturb or
adversely affect neighborinU
properties
That there are stifficlent landscaping
and screening to insure harmony and
compatibility with adjacent property
That the 1) ro 1) os ed use Is in
accordance with the Comprehensive
Plan
Notes:
We will not impede of any development In surrounding area, The
hour of operation Is from 8:00ft to 10:00 pm.
There are existing water & sewer to the building and effect to
drainage
There are existing parking lots with handicap accessible to building.
There will be no nuisance, no odor, no smoking and no dust or any
vibration. There will be manger on s i te from 8 to 10 pm to monitor all
activities.
Using existing lighting within the building interior. The exterior lighting
are existing.
The existing building has the existing landscaping.
We will comply with the City of Beaumont's code of ordinance for
game room.
Case Type: Planning and Zonlnq Page 2 of 2
Case M PZ2023-134 PfInted On. 3/30/2023
Magic Touch Game room
3010 Washington Blvd. Sprite B Beaumont, TX 77705
March 22, 2023
Than YOU for all the board member considering approval Of our game room in existing retail build. Our
goal is to have a safe and friendly game room and in compliance with the City of Beaumont, ordinance,
and all I-LdeS & regulations.
Our operations are from 8 AM to 10 PM Monday through Sunday. The manager of operation (security
officer) will be monitoring the entire activities to Insure there no issues with player or machine. The
customer signing sheet is provided upon their entry. CLIstomer can pick any machine to start to play.
There is also coffee and soda as co nip le ni e nta ry to serve. There two rest ro onis provided in the rear of
the room.
When operation is closed, start cleaning all seats and disinfect all machines as a routing operation.
The winning CLIstomers will be presented with novelty instead of cash. We have no membership; doors
open to all.
Sincerely,,
(9732(4� Applicants
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Magic Touch Garneroom
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Magic Touch Gameroom
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3010 Washington Blvd. Suite
B Beaumont, TX
PZ2023-134: Request for -'a Specific Use Permit to allow a gaming facility in the GC -MD (Genera
Commercial — Multiple r-amily Dwelling) District.
Applicant: Khaja Hussain and Richly Pham
Location: 3010 Washington Boulevard
0 100 200
1 1 --.1 1 Feet