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HomeMy WebLinkAboutJune 2023 PC Packet*AGENDA* PLANNING COMMISSION June 26, 2023 REGULAR MEETING PLANNING COMMISSION CitV Council Chambers, City Hall, 801 Main St. -- 3:00 p.m. JOINT PUBLIC HEARINGS PLANNING COMMISSION AND CITY COUNCIL Council Chambers, Citv Hall. 801 Main St. - 3:15 mm. The meetings will also be broadcast on the City's YouTube channel: https://www.youtube.com/channel/UCnY6nNk8zfXZulMglzbwEB� *AGENDA* !Till NUMAI APPROVAL OF MINUTES Approval of the minutes of the Meeting held on May 15, 2023. REGULAR MEETING 1) PZ2023-203: Request for abandonment of portions of South, Archie and Holmes Streets. Applicant: City of Beaumont Location: Portion of South Street adjacent to blocks 31, 32 and 33 of the Calder Addition and portion of Archie and Holmes Streets adjacent to blocks 20, 21 and 22 of the Van Wormer Addition. 2) PZ2023-210: Request for approval of a sidewalk waiver. Applicant: Don King of Fittz & Shipman, Inc. Location: 6tn Street at 3120 Washington Boulevard 3) PZ2023-227: Request for approval of a Replat of Lot 36 into Lots 36A & 36B, Glen Oaks Addition, Beaumont, Jefferson County, Texas. Applicant: Richard Bartz of Witeley Infrastructure Group Location: 4645 & 4675 Glen Oaks Circle 4) PZ2023-242: Request to Vacate Pate's Estate Subdivision, Beaumont, Jefferson County, Texas. Applicant: Robert W. Pate Location: 6305 RFD Road JOINT PUBLIC HEARING 5) PZ2023-161: Request for a Specific Use Permit to allow a drinking place in the GC -MD (General Commercial — Multiple -Family Dwelling) District. Applicant: Yorguis Batista Location: 3035 College Street, Suite A 6) PZ2023-169: Request for a Rezoning from R-S (Residential - Single -Family Dwelling) to RM-H (Residential Multiple -Family Dwelling - Highest Density) or a more restrictive district. Applicant: Sabole Vishnu Vandana Location: North of 2360 S. Major Drive 7) PZ2023-191: Request for a Specific Use Permit to allow a gaming facility in the GC -MD (General Commercial — Multiple -Family Dwelling) District. Applicant: Courtney Watson Location: 39 N. 11t' Street, Suite B 8) PZ2023-205: Request for a Specific Use Permit to allow a duplex in an RS (Residential — Single -Family) District. Applicant: Loan Duong for Tien Tran Location: 10720 Sherwood Drive 9) PZ2023-219: Request for a Rezoning from GC -MD (General Commercial — Multiple -Family Dwelling) to C-M (Commercial -- Manufacturing) or a more restrictive district. Applicant: Troy Hatch Location: 5190 Forsythe Street OTHER BUSINESS ADJOURN Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact Kaltrina Minick at 409-880-3777. *MINUTESX JOINT PUBLIC HEARINGS PLANNING COMMISSION CITY COUNCIL City Council Chambers May 15, 2023 A Joint Public Hearing of the Planning Commission and City Council was held on May 15, 2023 and called to order at 3:03 p.m. with the following members present: Commission Members present: Commission Members absent: Councilmembers present: Chairman Sina Nejad Commissioner Johnny Beatty Commissioner Hamza Jabbar *left at 3:26 Commissioner Shawn Javed Commissioner Tom Noyola Commissioner Eddie Senigaur Alternate Commissioner Rogers Sorrell, Jr. Commissioner Spencer Jabbia Commissioner Darius Linton Commissioner Lynda Kay Makin Alternate Commissioner Erika Harris Mayor Pro -Tom Chris Durio Councilmember Randy Feldschau Councilmember Mike Getz Councilmember Taylor Neild Councilmember A.J. Turner Also present; Kenneth R. Williams, City Manager Adina Josey, Senior Planner Sharae Reed, City Attorney Susan Smith, Recording Secretary PLEDGE OF ALLEGIANCE Chairman Nejad led the Pledge of Allegiance. OTHER BUSINESS Commissioner Beatty acknowledged Commissioner Lynda Kay Makin by offering prayers and condolences due to the recent passing of her Mother. Planning Commission May 15, 2023 Chairman Nejad extended sincere thanks to Mayor Robin Mouton for her cooperation and support of the Planning Commission. He further stated the Commission has enjoyed working with her and looks forward to seeing her around for a long time. Chairman Nejad also welcomed Mayor -Elect Roy West and stated that the Commission looks forward to working with him. APPROVAL OF MINUTES Commissioner Jabbar moved to approve the minutes of the Joint Public Hearings held on April 17, 2023. Commissioner Noyola seconded the motion. The motion to approve the minutes carried 6:0. REGULAR MEETING 1) PZ2023-164: Request for approval of a Replat of Lots 23 and 24 and the South 56' of Lot 22 of Block E of the Mayfair Second Addition into Lots 1 and 2, Remington Brekel Addition, Beaumont, Jefferson County, Texas Applicant: Fittz & Shipman Location: 1475 Montrose Street Mrs. Josey presented the staff report. Fittz & Shipman, Inc. has requested approval of a Replat of Lots 23 and 24 and the South 56' of Lot 22 of Block E of the Mayfair Addition into Lots 1 and 2, Remington Brekel Addition, Beaumont, Jefferson County, Texas. The properties are located within the RS (Residential Single Family Dwelling) zoning district. The intent of the plat is to divide two and a half tracts of land into two (2) larger tracts. Slides of the subject property were shown. Planning staff recommended approval of the request. 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 The applicant was present. James Douglas of Fittz & Shipman, 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 Senigaur moved to approve the request for approval of a Replat of Lots 23 and 24 and the South 56' of Lot 22 of Block E of the Mayfair Second Addition into Lots 1 and 2, Remington Brekel Addition, Beaumont, Jefferson County, Texas, as requested in PZ2023-164. Commissioner Jabbar seconded the motion. The motion to approve the request carried 6:0. 2) PZ2023-167: Request for approval of a sidewalk waiver 2 Planning Commission May 15, 2023 Applicant: Anis Relnnan Location: 4930 College Street Mrs. Josey presented the staff report. Anis Rehman requests a waiver to the sidewalk requirement for a new gas station and convenience store located at 4930 College Street. If approved, this request would allow sidewalks to be waived to the development site along Dixie Drive and Wall Street. Section 26.03.004(3) of the Subdivision and Site Development Regulations state, "The planning and zoning commission may grant a waiver to the sidewalk requirement if the applicant can prove there is an engineering reason far not installing a sidewalk." Per the letter, they state the following engineering reasons for the sidewalk waiver 1. For a right-of-way sidewalk to be constructed the existing ditches would need to be filled and right-of-way drainage would need to be redesigned for the entire area. 2. Streets are narrow and roadside ditches pose danger to the citizens on sidewalks, creating a fall into the ditches. Both public streets are designed and built as asphalt drives with roadside ditches. Roadside ditch does not have enough fall/gravity slope to be replaced with storm sewer culverts resulting in necessity to redesign streets with curb and gutter and underground storm sewer. City Engineering staff has reviewed the request for a waiver and states, "...The geometry of the existing open ditches and limited right-of-way along Wall Street and Dixie DrNe will require the installation of culverts to accornrnodate the construction of sidewalks. The property is located on the downstream end of a larger drainage area located to the north, which presents significant design and constructability challenges to ensure the surrounding area is not negatively impacted " Slides of the subject property were show. Staff recommended approval of the request. Brief discussion followed concerning sidewalks located along College Street. The applicant was present. Anis Rehman, 1475 Texas Street, Houston, Texas addressed the Commission. Brief discussion took place concerning the requirements of Section 26.03.004(3) of the Subdivision and Site Development Regulations. Mr. Rehman stated that he does not have a survey of the property. He further stated that the depth and the slope of the ditch will not allow for a sidewalk to be constructed. Commissioner Beatty moved to approve the request for approval of a sidewalk waiver, as requested in PZ2023-167. Commissioner Javed seconded the motion. The motion to approve the request carried 6:0. 3) PZ2023-175: Request to abandon the alleyway in Block 10 of the Van Wormer Addition Applicant: City of Beaumont 3 Planning Commission May 15; 2023 Location: 753 Archie Street Mrs. Josey presented the staff report. The City of Beaumont is requesting to abandon the alleyway within the 700 block of Archie Street. The alley is 20' x 300' and the Saint Anthony's Cathedral Basilica was built over it years ago. Therefore, abandonment of this alley would resolve further issues regarding expansion over it for the Diocese should they choose to do so. Slides of the subject property were shown. Staff recommended approval of the request. Commissioner Javed moved to approve the request to abandon the alleyway in Block 10 of the Van Wormer Addition, as requested in PZ2023-175. Commissioner Senigaur seconded the motion. The motion to approve the request carried 6:0. 4) PZ2023-176: Request for a Preliminary Plat approval of The Gardens Subdivision, Beaumont, Jefferson County, Texas Applicant: Zach Rowe of Leavins Engineering and Design, L.L.C. Location: East of 3920 W. Cardinal Drive Mrs. Josey presented the staff report. Zach Rowe of Leavins Engineering and Design, L.L.C. requests approval to the Preliminary Plat of The Gardens Subdivision. The cluster housing development is located east of 3920 W. Cardinal Drive with an outlet onto Warren Street. The subdivision proposes to create thirty (30) residential lots along the proposed Eden Way. Water and sanitary sewer services will be an extension of existing City utilities. The development will include common areas dedicated to a detention pond, tennis court, basketball court, walking trail, and playground. Section 26.03.005 states, "minimum utility easements of behileen ten (10) and twenty (20) feet shall be provided along rear and side lot lines ivhen necessary for use by public and private utilities." Address condition 41. Section 26.02.002(7) states, "Proposed plan of subdivision, shon,ing streets, blocks, lots, alleys, easements, building lines, parks and other such areas ivith principal dimensions..." Address condition #2. Section 26.03.008(a)(2) states, "Streetlights shall be installed at all intersections and at additional locations not less than hvo hundred (200) feet apart. Locations shall be designated so as to provide an average separation of approximately nvo hundred fifty (250) feet. Variations shall occur only rvhere lot ividths andlor other conditions necessitate." Address condition #3. Section 26,03,004 states, "...If the lot is not developed - vithin five (5) years of the recordation of the final plat, the current property oivner shall construct the sidewalk...Sideivalks shall be constructed under the following conditions... (E) Siden=alks shall have a minimum width offour (4) U Planning Commission May 15, 2023 feet if built a ininimum distance of hvo (2) feet from the back of curb. Sidewalks constructed at the back of curb shall have a minimuin width offive (5) feet." Address condition #4. Sec. 26.02.002(15) states, "A list of the proposed restrictive covenants, conditions, and limitations to govern the natures and use of the property being subdivided." Address conditions #549. See. 26.03.001(2) states, "Land which the planning commission finds to be unsuitable for subdivision or development due to flooding, improper drainage... shall not be subdivided or - developed unless adequate inethods are formulated by the developer and approved by planning commission that will solve the problems created by the unsuitable land conditions." Address condition #10. Slides of the site plan and subject property were shown. Staff recommended approval of the request with the following conditions: 1. Water mains located between two (2) lots must be cased and a 10' exclusive water line easement shall be dedicated. if the water main is not cased, a 20' exclusive water line must be dedicated. 2. Shall provide proposed street width on the final plat. 3. Shall provide streetlight locations and streetlight symbol to the legend of the final plat. 4. Shall add a note to the final plat stating, "All property owners will be required to construct a 4' (or 5', if required) wide concrete sidewalk adjacent to the street, located 4' from the back of curb. At street intersections, if applicable, sidewalks are to include construction of a 5' wide landing to tie-in with concrete access ramps. If any lot is not developed within five (5) years of recordation of the final plat, the current owner shall construct the sidewalk. 5. Shall add a note to the final plat stating, "All lots shall be graded to drain streets and shall not drain onto adjacent lots before or after structures are built." 6. Shall add a note to the final plat stating, "Temporary erosion control measures must remain in place until permanent measures are established." 7. Shall add a note to the final plat stating, "The utility casements shown hereon include the right to remove all trees within the casements as well as the right to trim overhanging trees or shrubs located on the property belonging to or being a part of this addition." 8. Shall add a note that common area and recreational area will not be maintained by the City. 9. Label detention pond and state property owners will maintain the pond and drainage system within the conunon area. 10, Provide Secondary Drainage System for overland flow up to 10 0-year on all drainage plans and construction plans shall include 10-yr and 100-yr HGLs. 5 Planning Commission May 15, 2023 The applicant was present. Zach Rowe of Leavins Engineering and Design, L.L.C., 3250 East" Freeway, Beaumont, Texas addressed the Commission. Mr. Rowe stated condition numbers 1-9 have addressed and he is working on compliance of condition number 10. The applicant agreed that all ten conditions will be met. Brief discussion followed concerning the size of each proposed lot and encasement of the water mains located in the subdivision. Commissioner Jabbar abstained from voting as a family member owns property adjacent to the proposed subdivision site. Alternate Commissioner Sorrell was then seated at the dais and entered a vote on the subject item. Commissioner Jabbar departed the meeting and Alternate Commissioner Sorrell voted on all remaining agenda items. Commissioner Senigaur moved to approve the request for Preliminary Plat approval of The Gardens Subdivision, Beaumont, Jefferson County, Texas, as requested in PZ2023-176, with the following conditions: 1. Water mains located between two (2) lots must be eased and a 10' exclusive water line casement shall be dedicated. If the water main is not cased, a 20' exclusive water line must be dedicated. 2. Shall provide proposed street width on the final plat. 3. Shall provide strectlight locations and streetlight symbol to the legend of the final plat. 4. Shall add a note to the final plat stating, "All property owners will be required to construct a 4' (or 5', if required) wide concrete sidewalk adjacent to the street, located 4' from the back of curb. At street intersections, if applicable, sidewalks are to include construction of a 5' wide landing to tie-in with concrete access ramps. If any lot is not developed within five (5) years of recordation of the final plat, the current owner shall construct the sidewalk. 5. Shall add a note to the final plat stating, "All lots shall be graded to drain streets and shall not drain onto adjacent lots before or after structures are built." 6. Shall add a note to the final plat stating, "Temporary erosion control measures must remain in place until permanent measures are established." 7. Shall add a note to the final plat stating, "The utility easements shown hereon include the right to remove all trees within the easements as well as the right to trim overhanging trees or shrubs located on the property belonging to or being a part of this addition." 8. Shall add a note that common area and recreational area will not be maintained by the City. 9. Label detention pond and state property owners will maintain the pond and drainage system within the common area. 10. Provide Secondary Drainage System for overland flow up to 100-year on all drainage plans 0 Planning Commission May 15, 2023 and construction plans shall include 10-yr and 100-yr HGLs. Commissioner Beatty seconded the motion. The motion to approve the request carried 6:0. 5) PZ2023-179: Request for a Preliminary Plat approval of Emerald Point Subdivision, Beaumont, Jefferson County, Texas Applicant: Faust Engineering and Surveying, Inc. Location: 6820 Griffing Road Mrs. Josey presented the staff report. Faust Engineering and Surveying, Inc. is requesting approval to the Preliminary Plat of Emerald Point Subdivision located at 6820 Griffing Road just west of Guess Elementary School. The subdivision proposes to create twenty (20) residential lots along the proposed Joanna Road off Griffing Road. Road, water and sanitary sewer service will be provided with extension of city services on Griffing Road. Storm service will be routed to a detention pond and then metered out to a roadside ditch on Griffing Road. The detention pond and tie-in will be designed for net -zero impact. The developer intends to install 5' sidewalks along Griffing Road and 4' sidewalks within the subdivision as the homes are built. Faust Engineering and Surveying, Inc. request a waiver to the lot depth of 100' on Lot 10 and 11. In order to work with the spirit of the ordinance, they have widened Lot 10 and 11 to allow the buildable area to be equivalent or greater than the minimal area required by ordinances and the typical lots in this proposed subdivision. Section 26.03.008(a)(2) states, "Streetlights shall be installed at all intersections and at additional locations not less than trio hundred (200) feet apart. Locations shall be designated so cis to provide an average separation of approximately two hundred fifty (250) feet. Variations shall occur only ii,here lot widths and%r other conditions necessitate." Sec. 26.03.001(2) states, "Land which the planning commission finds to be unsuitable for subdivision or development due to flooding, improper drainage... shall not be subdivided or developed unless adequate methods are formulated by the developer and approved by planning commission that mill solve the problems created by the unsuitable land conditions." Slides of the site plan and subject property were shown. Planning staff recommended approval of the request with the following conditions: 1. Provide proposed streetlight locations. 2. Provide Secondary Drainage System for overland flow up to 100-year on all drainage plans and construction plans shall include 10-yr and 100-yr HGLs. Engineering staff recommended the following condition be added per Section 26.03.001(2): 3. Provide drainage plan with drainage calculations to ensure adequate methods are formulated for the proposed development that will solve the problems created by any 7 Planning Commission May 15, 2023 unsuitable land conditions and/or improvements. The applicant was present. Richard Faust of Faust Engineering and Surveying, Inc., 5550 Eastex Freeway, Suite O, Beaumont, Texas addressed the Commission. Mr. Faust thanked Staff for their assistance with the proposed request. The applicant approved of the conditions recommended by staff. Brief discussion followed concerning the size and building setbacks of the proposed lots. Corninissioner Noyola moved to approve the request for Preliminary Plat approval of Emerald Point Subdivision, Beaumont, Jefferson County, Texas, as requested in PZ2023-179, with the following conditions: 1. Provide proposed streetlight locations. 2. Provide Secondary Drainage System for overland flow up to 100-year on all drainage plans and construction plans shall include 10-yr and 100-yr HGLs. 3. Provide drainage plan with drainage calculations to ensure adequate methods are formulated for the proposed development that will solve the problems created by any unsuitable land conditions and/or improvements. Commissioner Javed seconded the motion. The motion to approve the request carried 6:0. 6) PZ2023-180: Request for approval of a sidewalk waiver Applicant: Harry Kilgore Location: 5565 Calder Avenue Chairman Nejad announced that PZ2023-180 is withdrawn. JOINT PUBLIC HEARINGS Mayor Pro-Tem Durio called the Joint Public Hearings of May 15, 2023 to order at 3:32 p.m. and explained the purpose of the Joint Public Hearing process. Mayor Pro-Tem. Durio then turned the meeting over to Chairman Nejad to conduct the Joint Public Hearings. 7) PZ2023-96: Request for a Specific Use Permit to allow a stone cutting and fabrication business in the GC -MD (General Commercial -- Multiple Family Dwelling) District Applicant: Isabel Meneses Location: 1981 Magnolia Avenue Mrs. Josey presented the staff report. Isabel Meneses requests approval of a Specific Use Permit to allow a stone cutting and fabrication business located at 1981 Magnolia Avenue. The operations of the business entail making granite counters for bathrooms and kitchens. They use the Makita PW5001C tool to cut the granite and use water to avoid noise and dust. The hours of operations and staffing was not disclosed to Planning staff. Planning Commission May 15, 2023 Slides of the site plan and subject property were shown. Planning staff recommended 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. 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. Twenty-six (26) 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 property owner was present. Miriam Salgado, 1039 Somercotes Lane, Channelview, Texas addressed the Commission. Mrs. Salgado stated that the current shop is located in Vidor, Texas and she wishes to relocate the business to Beaumont. She further stated that the owner of the neighboring business is not opposed to the request and also stated that there are no homes located near the proposed business site. Mrs. Salgado stated that the business will be operated by her husband and one employee. She further stated that no customers will be on site as their products are fabricated at the business site and installation takes place at the customer's residence. Mrs. Salgado also stated that she will submit final drawings for the utilities. The applicant approved of the conditions recommended by staff. Brief discussion followed regarding the proposed building to be constructed and the hours of operation, . The public hearing on this item was opened and closed without comment. Commissioner Noyola moved to approve the request for a Specific Use Permit to allow a stone cutting and fabrication business in the GC -MD (General Commercial — Multiple Family Dwelling) District, as requested in PZ2023-96, 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, 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. Commissioner Beatty seconded the motion. The motion to approve the request carried 6:0. 8) PZ2023-152: Request for a Specific Use Permit to allow a drinking place in the GC -MD (General Commercial — Multiple Family Dwelling) District E Plamiing Commission May 15, 2023 Applicant: Saurabh D. Soni Location: 2550 Interstate 10 East Mrs. Josey presented the staff report. Saurabh D. Soni requests approval for a Specific Use Permit to allow a drinking place located at 2550 Interstate 10 East. El Fuego will be a bar and lounge with operational hours of 3:00 p.m. to 2:00 a.m. Monday to Sunday. Services provided are live music, full bar and hookah. The owner intends to provide security by a camera system, three (3) armed security officers, and an identification check system. He intends to staff eight (8) to ten (10) employees to run the business. In 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. According to City records, Suite 2550 Interstate 10 East has been a bar since 2007 and ceased operations sometime between 2020-2021. During this time, 911 reports indicate approximately half of the calls were made in association with this particular suite as a drinking place. Additionally, a bar at this location appears to be an incompatible use due to proximity to families in multiple apartments and single family homes to the north. Slides of the site plan and subject property were shown. Planning staff recommended denial of the request Nine (9) notices were mailed to property owners within two hundred (200) feet of the subject property. Zero (0) responses were received in favor and two (2) were received in opposition. Property owner responses signed by the owners of more than twenty (20) percent of the area of the lots within 200' of the subject property are in protest of the request, therefore, approval of the Specific Use Permit would require a favorable vote by 3/4 of all the members of City Council. A representative of the applicant was present. Ilesh Patel of Shreeji Properties, LLC, 5318 Jay Thrust Drive, Richmond, Texas addressed the Commission. Mr. Patel is Landlord of Town Center Shops Plaza. He stated that the applicant does not have previous experience operating a bar. He further stated that the property was purchased one year ago and the club located at the proposed site has been closed. He also stated that crimes occurred at the property prior to his company purchasing it. Mr. Patel stated that the current property lease will be terminated upon expiration. He further stated that security cameras and aimed security guards will be provided due to prior crimes committed on site. He also stated that the applicant does not currently operate a bar and will return to Beaumont upon retirement from his present job. Mr. Patel stated that the applicant has conducted a study for the drinking place. The representative of the applicant approved of the conditions recommended by staff. Brief discussion followed regarding the drinking place being in compliance with the City's smoking ordinance, along with clarification of a recent homicide and suicide near the proposed site. The public hearing on this item was opened. Christian Garcia of Studio 6, 2660 IH-10 East, Suite 123, Beaumont, Texas addressed the 10 Planning Commission May 15, 2023 Commission. Mr. Garcia stated he is opposed to the requested drinking place due to concerns regarding crime in the area. Tonya Griffin of Terrazzo Apartments, 2555 Sweetgum Lane, Beaumont, Texas addressed the Commission. Ms. Griffin stated that she is opposed to the request due to concerns regarding crime in the area. Buland Patel of Shreeji Properties, LLC, 5318 Jay Thrust Drive, Richmond, Texas and representative of the applicant addressed the Commission. Mr. Patel is Landlord of Town Center Shops Plaza. He stated that the tenant involved in a recent shooting at the site has been removed from the property. He further stated that the former tenant was operating a bar and strip club without proper permits. Mr. Patel also stated that the applicant wishes to operate a simple, quiet club lounge. The representative of the applicant was given an opportunity to speak in rebuttal. Ilesh Patel stated that the previous tenant was removed prior to the purchase of the property. He further stated that the proposed bar will close at 2:00 a.m. which would assist in decreasing crime in the area. The public hearing on this item was closed. Commissioner Noyola moved to deny the request for a Specific Use Permit to allow a drinking place in the GC -MD (General Commercial — Multiple Family Dwelling) District, as requested in PZ2023-152. Commissioner Javed seconded the motion. The motion to deny the request carried 6:0. 9) PZ2023-162: Request for a Specific Use Permit to allow a gaming facility in the LI (Light Industrial) District Applicant: Shaleen Singh Location: 5305 Gorman Road Mrs. Josey presented the staff report. Shaleen Singh has requested a Specific Use Permit to allow a gaming facility at 5305 Gorman Road with thirty (30) machines. The hours of operation for the business will be from gam to I Ipm Monday through Sunday. The gaming site will staff two (2) employees and one security guard. Engineering noted the parking provided is insufficient and such proposal would require twenty- nine (29) spaces. "Based on a preliminary assessment, it is unlikely that the site will be able to accommodate 29 spaces. It is possible for customers to park in an established parking spot at a nearby business located within 400' of the site, however, a parking agreement bet -veep the property owners will geed to he provided prior to any permit approvals." Gaming facilities that have five or fewer machines tend to be considered accessory in nature, when part of a primary use, and as such tend to result in fewer negative impacts on surrounding land uses. However, larger game rooms with dozens of machines take on the scale of a small casino and as a result, require careful consideration as to their location and compatibility with surrounding land uses. Some of these considerations include compatibility with other land uses, noise, and 11 Planning Commission May 15, 2023 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. It should be noted that this property is not in close proximity to any parks or schools. However, it is within 1000' of the Beaumont Mosque —Islamic Society of Triplex. Slides of the site plan and subject property were shown. Planning staff recommended approval of the request with the following conditions: 1. Shall be in strict compliance of Article 6.10 Gaming Ordinances. 2. Shall submit to the City's Traffic Engineer an executed written agreement with an adjacent property owner that will allow for overflow parking. 3. Shall obtain approvals for all applicable permits fiom Building Codes and submit a floor plan showing location of each gaming machine. 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. Five (5) notices were mailed to property owners within two hundred (200) feet of the subject property. One (1) response was received in favor and zero (0) were received in opposition. Brief discussion followed concerning the legal distance of a gaming facility to a church or school. The applicant was present. Shaleen Singh, 20 Providence Drive, Covington, Georgia addressed the Commission. Mr. Singh stated that he is an employee of a gaming facility and would like to move to Beaumont to become an owner of a gaming facility. He further stated that current building will be remodeled to accommodate the gaming machines and customers. He also stated that gravel will be placed in the parking lot and the owner of the neighboring gas station has agreed to allow use of his lot for additional parking. Mr. Singh stated that gifts such as cell phones and televisions will be awarded as prizes. He further stated that prizes will not be awarded in the form of cash. The public hearing on this item was opened and closed without comment. Chairman Nejad moved to deny the request for a Specific Use Permit to allow a gaming facility in the LI (Light Industrial) District, as requested in PZ2023-162. Commissioner Javed seconded the motion. The motion to deny the request carried 6:0. 10) PZ2023-170: Request for a Specific Use Permit to allow a medical office in the RM-H (Residential Multiple Family -Highest Density) District Applicant: Bernardino Tristan Location: 3590 Blackmon Lane #1 12 Planning Commission May 15, 2023 Mrs. Josey presented the staff report. Bernardino Tristan of Fittz & Shipman, Inc. requests a Specific Use Permit to develop a medical office located at 3590 Blackmon Lane ##1. This office will serve as the Heart & Lung Center of Southeast Texas of Beaumont. The construction will consist of brick one-story building with eleven (I 1) parking spaces and two (2) ADA spaces. Two (2) medical offices exist along Blackmon Ln Professional Plaza and various medical offices are established directly south of this property. The addition of the Heart & Lung Center appears to be an appropriate use within this area.. Slides of the site plan and subject property were shown. Planning staff recommended approval of the request with the following conditions: 1. Construction plans must meet all requirements by Water Utilities for any water and sanitary sewer improvements, including any requirements of the City's backflow, pre- treatment, and/or FOG- program. 2. Construction plans shall be in compliance with Section 28.04.006 Landscaping and screening requirements. 3. Construction plans shall be in compliance with all applicable Building and Fire Codes. Ten (10) 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. Bernardino Tristan of Fittz & Shipman, Inc., 1405 Cornerstone Court, Beaumont, Texas addressed the Commission. Mr. Tristan noted that the drawings submitted to staff were authorized with the contractor to facilitate the Specific Use Permit application. He further stated that proposed facility will exist among other medical offices. The public hearing on this item was opened. Richard Weaver, 4860 Christina Lane, Beaumont, Texas addressed the Commission. As owner of a neighboring medical office, Dr. Weaver requested confirmation of the size of the proposed facility and the amount of parking spaces. He stated that he is not opposed to the request. The public hearing on this item was closed. Commissioner Javed moved to approve the request for a Specific Use Permit to allow a medical office in the RM-H (Residential Multiple Family -Highest Density) District, as requested in PZ2023-170. Commissioner Noyola seconded the motion. The motion to approve the request carried 6:0. 11) PZ2023-171: Request for a Specific Use Permit to allow a parking lot in the RM-H (Residential Multiple Family -Highest Density) District Applicant: Zach Rowe of Leavins Engineering and Design, L.L.C. Location: 3 Acadiana Court 13 Planning Commission May 15, 2023 Mrs. Josey presented the staff report. Zach Rowe of Leavins Engineering and Design, L.L.C. requests approval of a Specific Use Permit to allow a parking lot located at 3 Acadiana Court. The parking lot will be intended to serve as additional parking to the medical office located at 8 Acadiana Court, just east of the proposed development. The lot will consist of eight (8) parking spaces abutting the private street. Slides of the site plan and subject property were shown. Planning staff recommended approval of the request with the following condition: 1. No permanent structures or appurtenances shall be placed within the easement property. The City will not be responsible for any surface restoration when water repairs are necessary within the City of Beaumont water line easement. Nineteen (19) notices were mailed to property owners within two hundred (200) feet of the subject property. Three (3) responses were received in favor and zero (0) were received in opposition. Brief discussion followed concerning parking spaces at the proposed site. The applicant was present. Zach Rowe of Leavins Engineering and Design, L.L.C. 3250 Eastex Freeway, Beaumont, Texas addressed the Commission. Mr. Rowe stated that the property owner currently does not have plans to construct a building at the site. He further stated that the request is to serve as additional parking to the medical office located at 8 Acadiana Court. The public hearing on this item was opened and closed without comment. Commissioner Noyola moved to approve the request for a Specific Use Permit to allow a parking lot in the RM-H (Residential Multiple Family -Highest Density) District, as requested in PZ2023- 171, with the following condition: 1. No permanent structures or appurtenances shall be placed within the easement property. The City will not be responsible for any surface restoration when water repairs are necessary within the City of Beaumont water line easement. Commissioner Javed seconded the motion. The motion to approve the request carried 6:0. 12) PZ2023-178: Request for a Rezoning from GC -MD (General Commercial -Multiple Family Dwelling) to RS (Residential Single Family Dwelling) District Applicant: Access Surveyors Location: 11375 Old Voth Road Mrs. Josey presented the staff report. Access Surveyors, on behalf of Bobby Parham, Jr., is requesting a zone change to a 1.207 acre tract of land located at 11375 Old Voth Road. They would like to rezone the property fiom GC -MD (General Commercial — Multiple Family Dwelling) to RS (Residential Single Family Dwelling). 7f granted, the property owner will use the portion of land to demolish a dilapidating home and rebuild with a new home. Should the 14 Planning Commission May 15, 2023 new home be the second dwelling on one residential single family lot, a Specific Use Permit may be required. According to our City's Comprehensive Plan the property is located within the "Neighborhood Growth" area. ".Development of neighborhood gromith units... would provide for a diversity of housing types iidth at least some mixing of land uses, generally on a main street commercial area fronting a community commons, but also under special conditions within residential areas... " This request appears to align with our City's Comprehensive Plan of Beaumont and is consistent with surrounding mixed uses. Slides of the site plan and subject property were shown.. Planning staff recommended approval of the request. Eleven (11) notices were mailed to property owners within two hundred (200) feet of the subject property. Three (3) responses were received in favor and zero (0) were received in opposition. Brief discussion followed concerning parking spaces at the proposed site. The applicant was present. Colby Brackin of Access Surveyors, 11025 Old Voth Road, Beaumont, Texas addressed the Commission. Mr. Brackin stated that the property owner wishes to rezone the property as Residential Single Family Dwelling in order that the homes currently located on the property can be demolished and the permit process can begin to allow for construction of a new home. Brief discussion followed concerning the possible necessity of a Specific Use Permit should the property owner wish to construct more than one dwelling on the property site. The public hearing on this item was opened. The property owner was present. Bobby Parham, Jr., 11848 Coleman Road, Lumberton, Texas addressed the Commission. Mr. Parham stated that he plans to move to Beaumont in order to operate a bar that he purchased three years ago which is located on the adjacent property. He further stated that he did not realize the property was zoned as commercial property upon purchase. Mr. Parham also stated that he would like to rezone the property in order to construct a new home once the current homes located on the property are demolished. The public hearing on this item was closed. Commissioner Beatty moved to approve the request for a Rezoning from GC -MD (General Commercial -Multiple Family Dwelling) to RS (Residential Single Family Dwelling) District, as requested in PZ2023-178. Commissioner Senigaur seconded the motion. The motion to approve the request carried 6:0. THE MEETING ADJOURNED AT 4:20 P.M. 15 DATE: June 26, 2023 TO: Planning Commission FROM: Adina Josey, Senior Planner SUBJECT: Request for abandonment of portions of South, Archie and Holmes Streets. FILE: PZ2023-203 STAFF REPORT The City of Beaumont is requesting to abandon the rights of way for portions of South, Archie and Holmes Streets. Once abandoned, an exchange of this property has been arranged to provide additional parking for the Event Centre and Lakeside Center. Centerpoint has stated they have utilities located in several of the properties, but would find a blanket easement acceptable for their needs. Planning staff recommends approval of the abandonments with retention of a blanket utility easement. This item was sent to all interested parties. Exhibits are attached. LEGAL DESCRIPTION OF THE RIGHT-OF-WAY FOR ORDINANCE PURPOSES TRACT I Legal Description: 0.2421 Acre Tract or Parcel of Land Out of and Part of South Street Right -of -Way Calder Addition Volume 2, Page 115, Deed Records Noah Tevis League, Abstract No. 52 Beaumont, Jefferson County, Texas BEING a 0.2421 acre tract or parcel of land situated in the Noah Tevis League, Abstract No. 52, Jefferson County, Texas and being out of and part of the South Street right-of-way being South of Block 31 of Calder Addition, a subdivision of the City of Beaumont, Jefferson County, Texas, according to the plat thereof recorded in Volume 2, Page 115, Deed Records, Jefferson County, Texas, said 0.2421 acre tract being more particularly described as follows: NOTE: All bearings are referenced to the Northerly line of the remainder of that certain called 11.4488 acre Tideland Specialty, Ltd. tract as NORTH 71 °32'21" EAST as recorded in Clerk's File No. 2002046131, Official Public Records of Real Property, Jefferson County, Texas. All set 518" iron rods set with caps stamped "Whiteley". BEGINNING at a scribed "K" set in a concrete driveway for the Southwest corner of the tract herein described, said corner also being the Northwest corner of the remainder of that certain called 11.4488 acre tract of land as described in a "Special Warranty Deed" from Union Pacific Railroad Company to Tideland Specialty, Ltd. as recorded in Clerk's File No. 2002046131, Official Public Records of Real Property, Jefferson County, Texas and being in the East right-of-way line of Ewing Street; THENCE NORTH 04'23'31" WEST, along and with the proposed East right-of-way line of Ewing Street, for a distance of 80.00 feet to a 5/8" iron rod set for corner, said corner being the intersection of the proposed East right-of-way line of Ewing Street and the proposed South right- of-way line of South Street; THENCE NORTH 88'38'08" EAST, along and with the proposed South right-of-way line of South Street, for a distance of 263.98 feet to a 5/8" iron rod set for corner, said corner being in the Northerly line of the remainder of the said 11.4488 acre Tideland Specialty, Ltd. tract and said corner bears SOUTH 71a32'21" WEST a distance of 603.31 feet from a 1/2" iron rod found for an exterior ell corner of the remainder of the said 11.4488 acre Tideland Specialty, Ltd. tract and the most Westerly corner of that certain called 0.8439 acre tract of land as described in a "Special Warranty Deed" from City of Beaumont to Tideland Specialty, Ltd. as recorded in Clerk's File No. 2023006241, Official Public Records of Real Property, Jefferson County, Texas; THENCE SOUTH 71032'21" WEST, along and with the boundary between the tract herein described and the Northerly line of the remainder of the said 11.4488 acre Tideland Specialty, Ltd. tract, for a distance of 271.76 feet to the POINT OF BEGINNING and containing 0.2421 Acres, more or less. TRACT 11 Legal Description: 0.2895 Acre Tract or Parcel of Land Out of and Part of South Street Right -of -Way Calder Addition Volume 2, Page 115, Deed Records Noah Tevis League, Abstract No. 52 Beaumont, Jefferson County, Texas BEING a 0.2895 acre tract or parcel of land situated in the Noah Tevis League, Abstract No. 52, Jefferson County, Texas and being out of and part of the South Street right-of-way being South of Block 32 of Calder Addition, a subdivision of the City of Beaumont, Jefferson County, Texas, according to the plat thereof recorded in Volume 2, Page 115, Deed Records, Jefferson County, Texas, said 0.2895 acre tract being more particularly described as follows: NOTE. All bearings are referenced to the Northerly line of the remainder of that certain called 11.4488 acre Tideland Specialty, Ltd. tract as NORTH 71'32'21 " EAST as recorded in Clerk's File No. 2002046131, Official Public Records of Real Property, Jefferson County, Texas. All set 5/8" iron rods set with caps stamped "Whiteley". BEGINNING at a 5/8" iron rod set for the Northwest corner of the tract herein described, said corner also being the Southwest corner of Lot 9, Block 32 of the said Calder Addition and being the intersection of the East right-of-way line of Center Street (based on a width of 70 feet) and the Northerly right-of-way line of South Street (based on a width of 30 feet); THENCE NORTH 71°32'21" EAST, along and with the Southerly line of the said Block 32 and the Southerly line of that certain called irregular shaped tract of land immediately to the South of an alley and the East line of Lot 13, Block 32 of Calder Addition as described in a "Gift Deed" from Richard C. Ashley and spouse, Rita Ashley to the Board of Regents of the Texas State University System for the use and benefit of Lamar Institute of Technology as recorded in Clerk's File No. 2018028354, Official Public Records of Real Property, Jefferson County, Texas, for a distance of 420.29 feet to a 5/8" iron rod set for corner, said corner being the Southeast corner of the said Lamar Institute of Technology tract and being the intersection of the West right-of-way line of Forest Street (based on a width of 70 feet) and the Northerly right-of-way fine of South Street; THENCE SOUTH 01*23'39" EAST, along and with the proposed West right-of-way line of Forest Street, for a distance of 31.38 feet to a 5/8" iron rod set for corner, said corner being in the Northerly line of the remainder of the said 11.4488 acre Tideland Specialty, Ltd. tract and said corner bears SOUTH 71'32'21" WEST a distance of 70.80 feet from a 1/2" iron rod found for an exterior ell corner of the remainder of the said 11.4488 acre Tideland Specialty, Ltd. tract and the most Westerly corner of that certain called 0.8439 acre tract of land as described in a "Special Warranty Deed" from City of Beaumont to Tideland Specialty, Ltd. as recorded in Clerk's File No. 2023006241, Official Public Records of Real Property, Jefferson County, Texas; THENCE SOUTH 71'32'21" WEST, along and with the boundary between the tract herein described and the Northerly line of the remainder of the said 11.4488 acre Tideland Specialty, Ltd. tract, for a distance of 420.37 feet to a 5/8" iron rod set for corner; THENCE NORTH 01015'29" WEST, along and with the proposed East right-of-way line of Center Street, for a distance of 31.40 feet to the POINT OF BEGINNING and containing 0.2895 Acres, more or less. TRACT III Legal Description: 0.1450 Acre Tract or Parcel of Land Out of and Part of South Street Right -of -Way Calder Addition Volume 2, Page 115, Deed Records Noah Tevis League, Abstract No. 52 Beaumont, Jefferson County, Texas BEING a 0.2895 acre tract or parcel of land situated in the Noah Tevis League, Abstract No. 52, Jefferson County, Texas and being out of and part of the South Street right-of-way being South of Block 33 of Calder Addition, a subdivision of the City of Beaumont, Jefferson County, Texas, according to the plat thereof recorded in Volume 2, Page 115, Deed Records, Jefferson County, Texas, said 0.2895 acre tract being more particularly described as follows: NOTE: All bearings are referenced to the Northerly line of the remainder of that certain called 11.4488 acre Tideland Specialty, Ltd. tract as NORTH 71 °32'21" EAST as recorded in Clerk's File No. 2002046131, Official Public Records of Real Property, Jefferson County, Texas. All set 518" iron rods set with caps stamped "Whiteley". BEGINNING at a 5/8" iron rod with a cap stamped "M.W. Whiteley & Associates" found for the Northwest corner of the tract herein described, said corner also being the Southwest corner of Lot 8, Block 33 of the said Calder Addition and being the intersection of the East right-of-way line of Forest Street (based on a width of 70 feet) and the Northerly right-of-way line South Street and from said corner a 5/8" iron rod in a concrete joint found for the Northwest corner of the said Lot 8 and the intersection of the East right-of-way line of Forest Street and the South right- of-way line of Laurel Avenue bears NORTH 01'23'39" WEST a distance of 150.76 feet; THENCE NORTH 71'26'29" EAST, along and with the Southerly line of Lots 8, 7, 6 and 5, Block 33 of the said Calder Addition, for a distance of 209.33 feet to a building corner found for the Southeast corner of the said Lot 5, Block 33 and the Southwest corner of Lot 4, Block 33 of the said Calder Addition and said corner bears SOUTH 01'21'38" EAST a distance of 88.79 feet from a 1/2" iron rod found for the Northeast corner of the said Lot 5 and the Northwest corner of Lot 4, Block 33 of the said Calder Addition; THENCE SOUTH 01'21'38" EAST, over and across the South Street right-of-way, for a distance of 31.80 feet to a point for corner (unable to set corner due to a building), said corner being in the Northerly line of that certain called 0.8439 acre tract of land as described in a "Special Warranty Deed" from City of Beaumont to Tideland Specialty, Ltd. as recorded in Clerk's File No. 2023006241, Official Public Records of Real Property, Jefferson County, Texas and said corner bears SOUTH 71'32'47" WEST a distance of 197.41 feet from a scribed "X" in concrete found for the for the most Northerly corner of the remainder of that certain called 1.125 acre tract of land as described in a "Special Warranty Deed" from Tarm Properties, L.L.C. to the City of Beaumont as recorded in Clerk's File No. 2012038144, Official Public Records of Real Property, Jefferson County, Texas and being the intersection of the Southeasterly right-of-way line of South Street and the Westerly right-of-way line of Magnolia Street; THENCE SOUTH 71'32'47" WEST, along and with the Northerly line of the said 0.8439 acre Tideland Specialty, Ltd. tract, for a distance of 209.19 feet to a 5/8" iron rod set for corner and from said corner a 1/2" iron rod found for the most Westerly corner of the said 0.8439 acre Tideland Specialty, Ltd. tract and an exterior ell corner of the remainder of that certain called 11.4488 acre tract of land as described in a "Special Warranty Deed" from Union Pacific Railroad Company to Tideland Specialty, Ltd. as recorded in Clerk's File No. 2002046131, Official Public Records of Real Property, Jefferson County, Texas bears SOUTH 71'32'47" WEST a distance of 2.43 feet; THENCE NORTH 01'23'39" WEST, along and with the proposed East right-of-way line of Forest Street, for a distance of 31.39 feet to the POINT OF BEGINNING and containing 0.1450 Acres, more or less. Holmes Street Abandonment That portion of Holmes Street bounded on the South by Bonham Street, on the East by Block 31 of Van Wormer Addition, a subdivision of the City of Beaumont, Jefferson County, Texas, according to the plat thereof recorded in Volume 1, Page 16, Map Records, Jefferson County, Texas, on the West by Block 32 of the said Van Wormer Addition and on the North by that certain called 5.804 acre tract of land as described in a deed from Southern Pacific Transportation Company to Tideland Specialty as recorded in Volume 2039, Page 43, Deed Records, Jefferson County, Texas. Approximately 0.22 Acres. Archie Street Abandonment That portion of Archie Street bounded on the South by Bonham Street, on the East by Block 30 of Van Wormer Addition, a subdivision of the City of Beaumont, Jefferson County, Texas, according to the plat thereof recorded in Volume 1, Page 16, Map Records, Jefferson County, Texas, on the West by Block 31 of the said Van Wormer Addition and on the North by the remainder of that certain called 11.4488 acre tract of land as described in a "Special Warranty Deed" from Union Pacific Railroad Company to Tideland Specialty, Ltd. as recorded in Clerk's File No. 2002046131, Official Public Records of Real Property, Jefferson County, Texas. Approximately 0.14 Acres. GENERAL INFORMATION/PUBLIC UTILITIES APPLICANT: DOMINANT TENEMENT OWNER: EXISTING ZONING: PROPERTY SIZE: EXISTING LAND USES: FLOOD HAZARD ZONE: SURROUNDING LAND USES: NORTH: Commercial City of Beaumont City of Beaumont Portions of South, between Ewing St. & Magnolia Ave., Archie & Holmes Streets. CBD (Central Business District) and GC -MD (General Commercial — Multiple -Family Dwelling) Districts. —1.04 Acres Vacant X —Area determined to be outside the 500-year floodplain. SURROUNDING ZONING: GC -MD (General Commercial — Multiple -Family Dwelling) EAST: Commercial CBD (Central Business District) SOUTH: Event Center CBD WEST: Vacant CBD COMPREHENSIVE PLAN: Special District (CBD) STREETS: South Street — Local Street with right-of-way of varying width and 18' pavement width in portions, undeveloped in others. Archie Street —Local undeveloped 60' wide right-of- way. Holmes Street — Local undeveloped 60' wide right-of- way. DRAINAGE: Open ditch or none WATER: 1.5" water line in South St., S" line in Holmes St. Fire hydrant in Archie St. SANITARY SEWER SERVICE: 6" sanitary sewer line in South St. BEAUMONT Planning & Community Development Case Type:Planning and Zoning Case Status: REVIEW Case Sub Type: Abandonment Tag Name: Abandon a portion of South, Archie and Case #: P72023-203 Holmes Streets. Location: South, Archie and Holmes Street Initiated On: 5i11/2023 9:43:08AM Individuals listed on the record: Applicant City of Beaumont Home Phone: 801 Main Street Work Phone: 409-880-3100 ATTN: Bart Bartkowiak Cell Phone: Beaumont, TX 77701 E-Mail: bart.bartkowiak@beaumonttexas.gov Flood Zones Flood Zone X Construction Type Occupancy Type Fire District Notes: Case Type: Planning and Zoning Page 1 of 1 Case #: PZ2023-203 Printed On: 6/12/2023 TO: TEXAS Interoffice Memorandum City of Beaumont Public Works/Engineering Date: May 11, 2023 Demi Engman, Planning Manager FROM: Bart Bartkowiak, Director of Public Works I `� SUBJECT: Right -of -Way Abandonments - Portion of South Street - Portion of Holmes Street - Portion of Archie Street COMMENTS The City of Beaumont will be exchanging property with Tideland Specialty for additional parking for the Event Centre and Lakeside Center. This would require the City to abandon a portion of South Street, Holmes Street and Archie Street. 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G,A,%.q-av 5.664 \JOB. 7..n39 i P-9. 4-5 b sz3e., A 2023-203: Request for abandonment of portions of South, Archie and Holmes Streets. iplicant: City of Beaumont cation: Portion of South Street adjacent to blocks 31, 32 and 33 of the Calder Addition and irtion of Archie and Holmes Streets adjacent to Blocks 20, 21 and 22 of the Van Wormer ition. 0 100 200 300 400 1 1 l 1 1_ 1 Feet DATE: June 26, 2023 TO: Planning Commission FROM: Adina Josey, Senior Planner SUBJECT: To consider a request for a sidewalk waiver. FILE: PZ2023-210 STAFF REPORT Don King of Fittz & Shipman, Inc., requests a waiver to the sidewalk requirement for restaurant to be located at 3120 Washington Boulevard. If approved, this request would allow the sidewalk to be waived along 61h Street. Section 26.03.004(3) of the Subdivision and Site Development Regulations state, "The planning and zoning commission may grant a waiver to the sidewalk requirement if the applicant can prove there is an engineering reason for not installing a sidewalk." The following engineering reasons are provided in the attached letter: The existing ditch along 61h Street occupies the entire right-of-way on the west side of the roadway leaving no room for a sidewalk. 2. A sidewalk extending northward from Washington Avenue does not lead to any other business. 3. Since there is no curb and gutter along 61h Street, it would be impossible to construct a sidewalk within the right-of-way. City Engineering staff has reviewed the request for a waiver and states, "Mr. King's letter does not provide an engineering reason for which a sidewalk cannot be constructed along 6th .Street. Culverts will need to be installed in the existing open ditch to accommodate the proposed sidewalk. Installing culverts is proven to be feasible by the existing culvert and surface inlet located in the southeast corner of the property. The existing open ditch serves a relatively small drainage area, therefore installing culverts is not anticipated to negatively impact the overall drainage." Planning staff recommends denial of the request. Exhibits are attached. BEAUMONT Planning & Community Development Case Type:Planning and Zoning Case Sub Type: Sidewalk Waiver Case #: PZ2023-210 Location: 3120 WASHINGTON BIND, BEAUMONT, TX Individuals listed on the record: Applicant Don King 1405 Cornerstone Court Beaumont, TX 77706 Reason for Submittal Notes; Case Status: PAY FEES Tag Name: washington and 6th st Initiated On: 5/16/2023 7:56:46AM Home Phone: Work Phone: 4098327238 Cell Phone: E-Mail: dking@fitzshipman.com To waive sidewalk requirement on Washington and 6th st Case Type: Planning and Zoning Page i of 1 Case #: PZ2023-210 Printed On: 5/16/2023 TEXAS INTER -OFFICE MEMORANDUM City of Beaumont, Texas Date: Jude 9, 2023 To: Adina Josey, Senior Planner , r From: Amalia Villarreal, P.E., C.F.M., City Engineer '� Y Subject: Engineering Comments for Sidewalk Waiver Request at 3120 Washington Boulevard COMMENTS Mr. Ding's letter does not provide an engineering reason for which a sidewalk cannot be constructed along 6"' Street. Culverts will need to be installed in the existing open ditch to accommodate the proposed sidewalk. Installing culverts is proven to be feasible by the existing culvert and surface inlet located in the southeast corner of the property, The existing open ditch serves a relatively small drainage area, therefore installing culverts is not anticipated to negatively impact the overall. drainage. Page 1 of 1 ; ,'_'."Mv H 11 Public Works FRU&Shipman INC. Ronald D. Fittz, P.E., R.P.L.S. (1948-1987) Terry G. Shipman, P.E., Senior Consultant Bernardino D. Tristan, P.E., Chief Executive Officer May 15, 2023 Ms. Elayna Luckey, Planner City of Beaumont — Planning Dept. 801 Main, Suite 210 Beaumont, Texas 77701 RE: Request for Sidewalk Waiver-- 61t' Street Sidewalks 3120 Washington Blvd - at 6tt' Street Dear Ms. Luckey, Cowulling Ejrghieers ajrd Larrd Srrrtjeyors Daniel A. Dotson, P.E., President Donald R. King, P.E., Vice President FS Proj. No. 23082 We hereby request a VARIANCE to the sidewalk requirement (Sidewalk Waiver) for 3120 Washington Boulevard for the following reasons: 1) The existing ditch along 6tt' Street occupies the entire right-of-way on the west side of the roadway leaving no room for a sidewalk, 2) A sidewalk extending northward from Washington Avenue does not lead to any other' businesses 3) Since there is no curb and gutter along 61" Street, it would be impossible to construct a sidewalk within in the Right -of -Way. Please contact me for any questions or comments. Sincerely, FRU&Shipman Inc. . r 's� t>•``Fto aL�lcdsr-�4oivtcac.r.sc.iib lyi R7����LG: �.RY7 ++Jr,nuaauv4n9's:'o by: Donald R. King. E roject f"nriheer for the Firm MG-TR01 1405 Cornerstone Court • Beaumont, Texas 77706 • (409) 832-7238 • fax (409) 832-7303 Tx Board of Prof Engineers Firm No. F-01160 9 Tx Board of Prof Land Surveyors Firm No. 100186 AN W Tp I .11/w E2023-210: Request for approval of a sidewalk waiver. pplicant: Don King of Fittz & Shipman, Inc. cation: 611' Street at 3120 Washington Boulevard 0 100 200 1 i 1 1 Feet DATE: July 26, 2023 TO: Planning Commission FROM: Adina Josey, Senior Planner SUBJECT: To consider a request for approval of a Replat of Lot 36 into Lots 36A & 36B, Glen Oaks Addition, Beaumont, Jefferson County, Texas. FILE: PZ2022-227 STAFF REPORT Richard Bartz of Whiteley Infrastructure Group has requested approval of a Replat of Lot 36 into Lots 36A & 36B, Glen Oaks Addition, Beaumont, Jefferson County, Texas. The purpose of the plat is to transfer approximately 0.2 acres located at the rear of 4675 Glen Oaks Circle to 4645 Glen Oaks Circle. The property to be transferred borders the rear of the 2 lots in between 4645 & 4675 Glen Oaks Circle. The Planning Staff recommends approval of the request. Exhibits are attached. PUBLIC NOTIFICATION Notices mailed to property owners 15 Responses in Favor Responses in Opposition GENERAL INFORMATION PUBLIC UTILITIES APPLICANT: PROPERTY OWNER: EXISTING ZONING: PROPERTY 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: Richard Bartz of Whiteley Infrastructure Group Farah Sanders 4645 & 4675 Glen Oaks Circle RS (Residential Single -Family Dwelling) 0.383 acres, more or less Residential "X" - Areas determined to be outside 500-year floodplain SURROUNDING ZONING: RS (Residential Single -Family Dwelling) RS RS RS Neighborhood Growth Unit Glen Oaks Drive— Local Street with 50' right-of-way and a 26' pavement width. Curb and gutter City of Beaumont-6" water line City of Beaumont-8" sewer line PROPERTY OWNERS NOTIFIED WITHIN 200', WITHIN SUBDIVISION ALEXANDER MARCIE E ALI FARAH INAS BENNETT SHIRLEY M DAVIS MARK T SR GARDNER JASON W & DOLLY A GREEN JEFFREY D & LAVIRA HUNTER ISABELLA JACKSON STEPHON MALBROUGH BERLINDAJ MOCK INVESTMENTS LLC PETE LAWRENCE RICHEY GROUP LLC SCOTT OVETA D SELLERS GALATHA THOMAS JAMES I BEAUMONT Planning & Community Development Property Information SubdMalan Xame Glen Oaks Addition tm(a): 36 P mf Anea: 383 Applicant Information Xame: Richard Bartz Mal%Pg Addrea: 655 Langham Unit 14 Phone: 409-892-0421 Owner Information SUBDIVISION APPLICATION AWjatlon pafnta on legal size pade ❑ Preliminary Plat ❑ Amended Plat' ❑ Final Plat* >e- Replay ❑ Minor Plat* ❑ Vacate Plat 4675 Glen Oaks Circle 8a 4645 Glen Oaks Circle aluk[s]: Company: Whiteley Infrastructure Group Beaumont sS1e Texas richard.bartz@white[eyinfra.com Zip: 77707 Home: Company: Farah handers Maeeag Addrtss: "n State: 4675 Glen Oaks Circle Beaumont Texas 7708 Phone: Finag: 409-790-6476 5 —9, 743 Data 3 Date Applicant City Checklist of items required on PLAT to be filed*: check(✓) Check (✓) 1. Title or name of plat, meridian north point, scale of map and vicinity map. 2. Definite legal description and identification of the tract being subdivided. 3. All block, lot and street boundary lines referenced to Texas State Plane Coordinate System. 4. Building Lines and easements. 5. Actual width of all streets, measured at right angles or radially, where curved, shown on map 6. All necessary dimensions accurately displayed 7. Names of all streets and adjoining subdivisions shown on map 8. Flood zones and boundaries, if applicable, shown on map. Elevations for full subdivisions. V 9. Addresses clearly displayed 10. Certificate of ownership signed, stamped and notarized 11. Certificates of approval from City and County shown on map „/ 12. All legal restrictions and regulations placed on the approval of plat shown clearly on map Checklist of items required on Preliminary Plat map: 1. Title or name of plat, meridian north point, vicinity map and name and signature of owner. 2. Written evidence of ownership. 3. Scale of map shown on map, map to be drawn on a scale of one hundred (100) feet to inch or larger. 4. Location of existing blocks, lots, alleys, easements, building lines, natural features and buildings. 5. Existing and proposed streets with street names. 6. Plan of subdivision with blocks, lots, alleys, easements, building lines, parks, dimensions and addresses. 7. Location of existing and proposed sewers, water, gas mains, as well as storm and drainage easements. 8. Topography if the surface is markedly uneven. 9. Boundaries and elevations of all areas located in the flood hazard and flood zones for all areas. 10. Location of all existing pipeline easements with size, type of product and pressure. 11. Name of registered surveyor/engineer responsible for preparing the plat. 12. List of all restrictive covenants, conditions, and limitations to govern property being subdivided. 7 1\ InRlal 'Plats [anginal signed document] to be filfi ed muss be accmmpanled by ling tees [Cly & Cmunty], taa. Certificates, digital tiles [CAP, .pdF and shape fife), and 2 cop les of theI. /pla" 1 r ZAt h lL Slgaaatuaeof eespanslbfe Srgln 11sure o oats Planning Application Acceptance: a , n /n l 1 PLANNING & COMMUNITY ttt/// DEVELOPMENT Dat° T 409,880.3100 F 409.880.3133 PO Box3827 I Beaumont, TX AWHITELEY -qqqr INFRASTRUCTURE GROUP May 23, 2023 Planning Manager 801 Main Street, Ste. 210 Beaumont, Texas 77701 ATTN: Demi Engman REF: Proposed Replat of tot 36 in Glen Oaks Addition Dear Demi, 655 Langham Road, #14 Beaumont, Texas 77707 P: 409,892.04211 F: 409.692.1346 Please find attached a check in the amount of $200 for the review fee of the proposed Replat of Lot 36 in Glen Oaks Addition. Also attached are the paid tax certificates as well as a check in the amount of $50 for the filing fees. If you need anything else just let me know. Sincerely, Richard Bartz Abstractor / Right of Way Agent 409-892-0421 www.whiteleyinfra.com AW µs Pitt ]�. u- =,..s .-.a... m `... v,'i yy SUBJECT Tf1ACT K:%.�..,�wireay w.�».,...+.w a+.n..ara wi,=... „a �. a� [ .�tn ..Y�e.a �w.ra Ll=,.l, i�.�w)Wr. 4: ar w. e,k W ,..,, ,r.,.. CO SrOC c. .�„ -g"• ....�e�"� ..�'y,�. r+..�.oaid ..w.e...�r �{a.,a w.�,. VICINITY MAP '' t� m"'imYY�"a, =`.Y+: r. +� mar .+ a� M• ta* A [ERTRl4ATEOF VA�ERS,Ta z! Cam.- �. '. `e w y,.b� �=„ vim.. ei s.Y wn Nam b, t S n ee � ti 2 utx YY�� u�� v ,mMna Mi Vt++Wmv n � Ieasr. W r. ma su.} pia ono _m.i�imi ),oa tl� �.9i� vemr'pia�rr +n, m�S ,nn �y so¢ Yan xsM' kti w.+, vs v� as .. e. t.sa�w.a,unv Wb4y�r,a,e..,,Ituut tr Y.�/Y f...dY 9A r� r..y �. • .x w n r a o.. m.. bbs�n-a1 a:°ou`i.,."°�� a�ae+m, n,w u�r�'a uu uimGe amF Stu �` of .:a wa .i"YW Ys Nar�.w. m. ont fa>!n' rtr4 a�q W •n b Y..[+t ,..ae e. t,s ,.a .� N g" �y to®. x ovuu a� s..o vi r� x .�ac� .a memw.+a .ow �Y aae• .�. w.v n n s. ,..+n v,®n r.. Y:w. aw:x.�o-. �wra rrw nr.><r.abaw�..rn,<n Ye s. wa b.>-.I ""'.'° � • amanawart ray. tree t..p x.x a. � ,.,:..a . sm n ttvs rc „vtvor oam tsu Fu w,riuY cu i>1 ia�'a° TA�T66•J129'E 1GIAY a .vifn' L .� .� �b� � p e-.i e.p Ib_-ba ti e. � o��a. m,mN�}r cs.,a b....,.r "A u Y a rut v e U. ti na uan n ,Yo xe ma v vt¢ w— m v i Yg 5 t 1 i,,4LC'+y- LOT36B to 1"7 �IETs \ / • �,r / o cEBnrxaTaaT ne.ERsnn ip "" St10 ! OAKS AOOITION T°b 0 ,e�' GLEN VOL. 52 PG. 90 '�CT '\\ MRJC �� Fx wms R � \ � \ a'il \\ \\\ _ ra- r■ 8c � romt � t 9eERrwSt a M1Oe K T�.iK rA�K �mi. IL-... hYt Y Ll PJ S•/S V NJ t� 9`4 d'a�' \ggqy 6 � ' q�rTa E'iL r_ � Vmt Fa Ya i®+.0 N,VA➢IV+. Yr=1i t�[tii � L+. N \\ nH ti vonrc ���oag.a�rnP ,mot ,„OT 36A NiT~ rA 5' Res Y nc Src v 14645 ' y' L,� FhGUSwiAa atiiijT , FM1 RMTOw uer O12,PGp$010 GLIEN VOL. t urao-vEoevr� rm of eFxuuoetT r}AN.Tao a zara:c wuu}ssro.� MRJC as . A'�r�ratmx e�Y.mva •ss a.e_m ra. 0.5mi ACRE 2 L[ ': �� u6 4�.F�r� fsSl V tW ID..x�a�yayc u W+>fu� � nan X r�a.a�e=tav�i rc e]�fm u mb[Rv REPLAT OF LOT 36 OF GLEN OAKS ADDITION CITY OF BEAUMONT. JEFFERSON COUNTY, TEXAS VOL. 12, PAGE 90, MRJC AND A CALLED 0.3323 ACRE TRACT OR PARCEL OF LAND CLEWS FILE NO.2022029529, OPRJC THOMAS SPEAR LEAGUE, ABSTRACT NO.50 BEAUMONT, JEFFERSON COUHTYa TEXAS INTO LOT 36A & LOT 36B GLEN OAKS ADDITION THOMAS SPEAR LEAGUE, ABSTRACT NO.60 BEAUMONT, JEFFERSON COUNTY, TEXAS A WHITELEY i INFRASTRUCTURE GROUP Tear EnpNaarNy Tlrm %T•266] Trr)5 SWH61aagx Ha i01 m?w Lad$i SI 1619 Flm, N,,. VFO 14 t}9 LryiW2a 2N), M,a.eont. Tat), Tii9i tF5J8JOa1211 PZ2023-227: Request for approval of a Replat of Lot 36 into Lots 36A & 36B, Glen Oaks Addition, Beaumont, Jefferson County, Texas. Applicant: Richard Bartz of Witeley Infrastructure Group :Location: 4645 & 4675 Glen Oaks Circle 0 100 200 I 1 t 1 Feet a: 0 DATE: June 26, 2023 TO: Planning Commission FROM: Adina Josey, Senior Planner SUBJECT: Consider a request to vacate Pate's Estate Subdivision, Beaumont, Jefferson County, Texas. FILE: PZ2023-242 STAFF REPORT Robert and Sandra Pate are requesting to vacate Pate's Estate, Beaumont, Jefferson County, Texas. Mr. and Mrs. Pate intended to build on the divided portion of the property in the future, but did not realize they would be required to pay taxes separately in the meantime. Therefore, Mr. and Mrs. Pate wish to cancel the plat and reestablish the property as it existed prior to the recordation of the plat, which was filed September 27, 2019. Robert and Sandra Pate are the sole owners of the property and have both signed the letter of request. The Planning staff recommends approval of the request. This item was sent to all interested parties. Exhibits are attached. GENERAL INFORMATION/PUBLIC UTILITIES APPLICANT: PROPERTY OWNER: LOCATION: EXISTING ZONING: PROPERTY SIZE: EXISTING LAND USES: FLOOD HAZARD ZONE: SURROUNDING LAND USES: NORTH: Residential EAST: Residential SOUTH: Residential WEST: Residential Robert Pate Robert and Sandra Pate 6305 & 6315 RFD Road R-S (Residential Single -Family Dwelling) 5.154 acres, more or less Residential/Vacant "X" — Areas determined to be outside the 500-yr floodplain. SURROUNDING ZONING: R-S (Residential Single -Family Dwelling) District R-S R-S R-S COMPREHENSIVE PLAN: Stable Area STREETS: RFD Road - Local street with 56' right-of-way and a 20' pavement width. DRAINAGE: Open ditch UTILITIES: Water and sewer supplied by the City of Beaumont. BEAUMONT Planning & Community Development Case Type:Planning and Zoning Case Status: REVIEW Case Sub Type: Vacate Plat Tag Name: Vacate Pate's Estate Case #: PZ2023-242 Initiated On: 5/31/2023 4:19:22PM Location: 6305 RFD RD, BEAUMONT, 77708 Individuals listed on the record: Applicant robert pate Home Phone: 205 N 18th St Work Phone: Beaumont, TX 77707 Cell Phone: 409-656-2716 E-Mail: robert.pate@pateservices.com Property Owner robert pate Home Phone: 6315 RFD RD Work Phone: Beaumont, TX 77707 Cell Phone: 409-656-2716 E-Mail: robert.pate@pateservices.com Owner Sandra Pate Home Phone: 6315 RFD RD Work Phone: Beaumont, TX 77708-3504 Cell Phone: 409-656-2755 E-Mail: sandy@sandypate.com Notes: Case Type: Planning and Zoning Page 1 of 1 Case #: PZ2023-242 Printed On: 6/7/2023 Robert W. Pate 6315 RFD RD Beaumont, TX 77708 May 24, 2023 City Of Beaumont Planning & Zoning P O Box 3827 Beaumont, TX 77704 RE: Vacating and /or Cancellation of Replat To Whom it may concern, Please allow this letter to serve as notification and/or amended application for the cancellation and/or abandonment of the Replat located at 6305 RFD RD Beaumont, TX 77708, Pate's Estate. LT 2 1.926AC PATE'S ESTATE. The Plat will revert back to Robert Pate ET UX located 6315 RFD Rd Beaumont, TX. The purpose of the letter is to vacate Jefferson County Clerk's file number 2019032590 Attached is county filing information, copy of survey & property tax balance from Jefferson County Texas Thank you, bert Pate TAX CERTIFICATE Y SSFI r LLISON NAT}IAN GETZ, P.C.C. JEFFF.R50NCOUNTY TAX ASSESSOR - COLLECTOR MARK W WHITELEY PE INC P.O. BOX 2112, BEAUMONT, TX 77704 Pt319OX 502 EMAIL: PRAPLRTY9CO.JEFFERSON.T`X.US B)=AUMONT, iX 77726 Issued To: WHITELEY MARK W PE INC P.O. BOX 5492 BEAUMONT, TX 77726 Fiduciary Number: 23327838 C--- Account Number: 300017-000/037000-00000 Certificate No: 241371333 Certificate Fee: $10.00 CHECK NO.14132 Parent No. 1283984 Legal Description PL RS4 TR 229 5,157 ABST 17 W B DYCHES s 2019032590 MD Parcel Address: 6315 RFD RD Legal Acres: 5.1571 Print Date: 09/0412019 11.03:57 AM Paid Date: 09/04/2019 Issue Date: 09/04/2019 Operator 11): CANDACEL !�� TAX CERTIFICATES ARE ISSUED WITH THE MOST CURRENT INFORMATION AVAILABLE. ALL ACCOUNTS ARE SUBJECT TO CHANGE PER SECTION 26.15 AND 11.43(i) OF THE TEXAS PROPERTY TAX CODE. THIS IS TO CERTIFY THAT ALL TAXES DUE ON THE ABOVE DESCRIBED PROPERTY HAVE BEEN EXAMINED, UP TO AND INCLUDING THE YEAR 2018, TAXES THRU 2018 ARE PAID IN FULL. TAXES HAVE NOT BEEN CALCULATED FOR YEAR(S): 2019. Exertions: Certified Owner: HOMESTEAD OVER 65 PATE ROBERT W ET UX 6315 RFD RD BEAUMONT , TX 777OR-3504 Certified Tax Unit(s): 2018 Value: 160,460 — 1 J FFEItSON COUNTY 4 BEAUMONT ISD 2018 Levy: $3,273.98 21 CITY OF BEAUMONT 2018 Levy Balance: $0,00 41 PORT OF BEAUMONT 49 DRAINAGE DISTRICT 06 Prior Year Levy Balance: $0.00 55 SABINE;-NECHES NAV. DIST. Total Levy Due: $0.00 P&I + Attorney Fee: $0.00 Total Amount Due: $0.00 THE ABOVE PROPERTY HAS RECEIVED AN OVER 65, DISABILITY OR IH-/e VETERAN EXEMPTION FOR THE CURRENT YEAR ADDITIONAL TAXES MAY BECOME DUE BASED ON THE QUALIFICATIONS OF THE SELLER/RUYER OF THIS PROPERTY. [deference (GF) No: Issued By:'- ALLISON NATHAN GEM P.C.C. JEFFLRSON COUNTY TAX ASSESSOR - COLLECTOR (409) 83"516, WEBSITE: WW1V-TEFFC0TAX,COh1 FILED AND RECORDED OFFICIAL PUBLIC RECORDS Carolyn L. Guidry, County Clerk Jefferson County, Texas Septeml)er 27, 2019 11:19:29 AM FEE: $46.00 2019032590 53.1.92 '"o I N o u ♦ a yew MW tnu t«.-g GOP cunrancr onsswr "A; v.,i x x� i uaeaho rr m[aFey �eu�nri n.waa a aasnmr�naoR ,.airK.kv�c. rvti I ,�,�+d.417y�Cao urx f" HPAORPLAT PATE'S ESTATE SUBDIVISION •� C. ti:" ." W. B. 6YCRES SURVEY, ABSTRACT NO. 47 JEfTERSONCOUNTY.T"AB uau�cs�m 5125/23, 10:32 AM Jefferson County �` JEFFERSON COUNTY Shopping Cart . ' Property Tax Balance Begin a New Search Make your check or money order payable to: Jefferson County Fax Office PO BOX 2112 BEAUMONT, TX 77704-2112 Shopping Cart: For your convenience you may pay several accounts at once. Click the 'Click Here to Pay Now' Mutton to add this account to the shopping cart. Additional accounts can be added by doing a search again, then clicking the 'Click Here to Pay Now' button for each account. Up to 50 accounts may be paid at one time. Accounts are not saved in the shopping cart after you go to the Certified Payment web site. Unless otherwise noted, all data refers to tax information for 2022. All amounts due include penalty, interest, and attorney fees when applicable. Account Number: 05107500000020000000 Address: PATE ROBERT W ET UX 6315 RFD RD BEAUMONT, TX 77708-3504 Property Site Address: 6305 RFD RD Legal Description: LT 2 1.926AC PATE'S ESTATE Current Tax Levy: $216.25 Current Amount Due: $0.00 Prior Year Amount Due: $0.00 Total Amount Due: $0.00 Last Payment Amount for Current Year Taxes: $216.25 Pending Credit Card or eCheck Payments: No Payment Pending Market Value. $8,275 Land Value: $8,275 Improvement Value: $0 Capped Value: $0 Agricultural Value: $0 Exemptions: None Taxes Due Detail by Year and Jurisdiction Payment Information Print yment Record Current Tax Statement Last Payer for Current Year Taxes: ROBERT PATE Register to Receive Electronic Tax Statements Z2023-242: Request to Vacate Pate's Estate Subdivision, Beaumont, Jefferson County, exas. plicant: Robert W. Pate ration: 6305 RFD Road 1 0 100 200 300 400 Feet DATE: June 26, 2023 TO: Planning Commission and City Council FROM: Adina Josey, Senior Planner SUBJECT: To consider a Specific Use Permit to allow a drinking place in the GC -MD (General Commercial - Multiple -Family Dwelling) District. FILE: PZ2023-161 STAFF REPORT Yorguis Batista requests approval for a Specific Use Permit to allow a drinking place located at 3035 College Street, Suite A. The applicant states that hours of operation will be Sunday thru Thursday, 4 p.m. till midnight with at least 4-5 staff including one security person. For Friday and Saturday, hours of operation will be 4 p.m. till 2 a.m. with 5-10 staff including 2-3 security personnel. Planning staff recommends approval of the request with the following conditions: 1. 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. 2. Final plans must be provided with the location of the equipment that will be used at the establishment. 3. All current fire codes will be applied (IFC 2021) including possible requirement of a fire sprinkler system. This is an Assembly Occupancy, which has some of the strictest fire codes. 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 12 Responses in Favor Responses in Opposition LEGAL DESCRIPTION FOR ORDINANCE PURPOSES Being the west 100' of Lot 79, College Acres Addition, Beaumont, Jefferson County, Texas, containing 0.709 acres, more or less. ANALYSIS CONDITIONS FOR APPROVAL OF SPECIFIC USE PERMIT (SECTION 28.04.001(e), ZONING ORDINANCE) Conditions: Application is in -compliance 1. That the specific use will be compatible with and not injurious to the use and enjoyment of other property, or significantly diminish or impair property values within the immediate vicinity; X 2. That the establishment of the specific use will not impede the normal and orderly development and improvement of surrounding vacant property; K 3. That adequate utilities, access roads, drainage and other necessary supporting facilities have been or will be provided; X 4. The design, location and arrangement of all driveways and parking spaces provides for the safe and convenient movement of vehicular and pedestrian traffic without adversely affecting the general public or adjacent developments; X 5. That adequate nuisance prevention measures have been or will be taken to prevent or control offensive odor, fumes, dust, noise and vibration; X 6. That directional lighting will be provided so as not to disturb or adversely affect neighboring properties; X 7. That there are sufficient landscaping and screening to insure harmony and compatibility with adjacent property; and, X 8. That the proposed use is in accordance with the Comprehensive Plan. X Application is not in compliance Comments Attached GENERAL INFORMATION/PUBLIC UTILITIES APPLICANT: Yorguis Batista PROPERTY OWNER: Mike Aref LOCATION: 3035 College Street, Suite A EXISTING ZONING: GC -MD (General Commercial - Multiple -Family Dwelling) District PROPERTY SIZE: 0.709 acres, more or less EXISTING LAND USES: Commercial building FLOOD HAZARD ZONE: "X" - Areas determined to be outside 500-year floodplain SURROUNDING LAND USES: SURROUNDING ZONING: NORTH: Hospital GC -MD (General Commercial - Multiple -Family Dwelling) District EAST: Commercial GC -MD SOUTH: Industrial LI (Light Industrial) WEST: Commercial GC -MD COMPREHENSIVE PLAN: Hospital/Office District STREETS: College St. - Major arterial with a 130' wide right-of-way and a 60' pavement width. DRAINAGE: Curb and gutter WATER: 6" water line SANITARY SEWER SERVICE: 12" sanitary sewer line PROPERTY OWNERS NOTIFIED WITHIN 200' BAPTIST HOSPITALS OF SE TEXAS BROUSSARD LEONARD JR CINTAS CORP #15 & CINTAS #8 CITY OF BEAUMONT HOLLAND JOE C JR ETAL JEFFERSON COUNTY D D 6 JONES ROBERT L & SHIRLEY RAE M&Z INVESTMENT GROUP LLC MARS PLAZA LLC MIKE'S ENTERPRISES INC BEAUMONT Planning & Community Development Case Type:Planning and Zoning Case Sub Type: Specific Use Permit Case #: PZ2023-161 Location: 3035 College st Suite A Beaumont Texas 77701 Individuals listed on the record: Applicant Yorguis Batista 1320 9th ave #216 Port Arthur, TX 77642 Property Owner Mike Aref 3035 College St. Suite A Beaumont, TX 77701 Case Status: REVIEW Tag Name: SUP to allow a drinking place. Initiated On: 4/11/2023 11:52:54AM Nome Phone: Work Phone: Cell Phone: 8329357621 E-Mail: GoldenViplounge@hotmaii.com Nome Phone: Work Phone: Cell Phone: E-Mail: Case Type: Planning and Zoning Case #: PZ2023-161 Page 1 of 2 Printed On: 5/9/2023 BEAUMONT Planning & Community Development Legal Description COLLEGE ACRES Wi00' L79 Number of Acres 0.71 Proposed Use Cocktail Lounge That the specific use will be My usage for the property will not be injurious to the use nor will it compatible with and not injurious to diminish or impair property values. This location used to be a lounge. the use and enjoyment of other property, nor significantly diminish or impair property values within the immediate vicinity That the establishment of the specific use will not impede the normal and orderly development and improvement of surrounding vacant property; That adequate utilities, access roads, drainage and other necessary supporting facilities have been or will be provided The design, location and arrangement of all driveways and parking spaces provides for the safe and convenient movement of vehicular and pedestrian traffic That adequate nuisance prevention measures have been or will be taken to prevent or control offensive odor, fumes, dust, noise and vibration That directional lighting will be provided so as not to disturb or adversely affect neighboring properties That there are sufficient landscaping and screening to insure harmony and compatibility with adjacent property That the proposed use is in accordance with the Comprehensive Plan Notes: The lounge will not affect the normal day to day operations of other business. All the necessary utilities, access roads, and drainage will be provided. The current design s staying the same. Nothing will be changed or modified in the parking spaces or pedestrian crosswalks for the general public. Yes, theres will be no inconvenience with odor, fumes, dust, noise, and vibration. No lighting is being changed or replace. Everything is staying the same. All lanscaping will remind the same. do have a business plan in accordance to the city rules and regulations. Case Type: Planning and Zoning Case #: PZ2023-161 Page 2 of 2 Printed On: 5/9/2023 Dear City of Beaumont Planning and Zoning Commission, I would like to start by thanking you for your time. My name is Yorguis Batista. I am interested in opening Golden VIP Lounge, location at 3035 College St. Suite A in Beaumont, TX. 77701. 1 am looking to bring an elite public room for the citizens of Beaumont to come and unwind with good music, drinks and a positive and upbeat atmosphere. My biggest concern is definitely security. The lounge would be open Monday thru Sunday. The hours open will be Sunday thru Thursday 4pm to 12pm, with a staff of 4 to 5 people including at least 1 security and Friday and Saturday would be open from 4pm to tam, with a staff of S to 10 employees, also including 2 to 3 securities. In conclusion, I ask the board to please consider my proposal. I would like to be part of the City of Beaumont entertainment night life. Sincerely, Yorguis Batista PZ2023-161: Request for a Specific Use Permit to allow a drinking place in the GC -MD (General Commercial — Multiple -Family Dwelling) District. Applicant: Yorguis Batista Location: 3035 College Street, Suite A 0 100 200 Feet DATE: June 26, 2023 TO: Planning Commission and City Council FROM: Adina Josey, Senior Planner SUBJECT: To consider a request for a Rezoning from R-S (Residential - Single -Family Dwelling) to RM-H (Residential Multiple -Family Dwelling - Highest Density) or a more restrictive district. FILE: PZ2023-169 STAFF REPORT Sabole Vishnu Vandana is requesting approval for a Rezoning from R-S (Residential - Single -Family Dwelling) to RM-H (Residential Multiple -Family Dwelling - Highest Density) for the property located just north of 2360 S. Major Drive. The applicant intends to construct an apartment complex containing 150 units. Although the majority of neighboring properties are either vacant or occupied by single-family homes, Major Drive is a major arterial and this area is recognized as a neighborhood growth unit. As such, multi -family zoning would be an acceptable use and transition into residential neighborhoods. Planning staff recommends approval 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 19 Responses in Favor Responses in Opposition LEGAL DESCRIPTION FOR ORDINANCE PURPOSES Being Lot 5 and the north part of Lot 6, Block 7, Wescalder Fig Acres, Beaumont, Jefferson County, Texas, containing 7.436 acres, more or less. GENERAL INFORMATION/PUBLIC UTILITIES PROPERTY OWNER: Sabole Vishnu Vandana LOCATION: North of 2360 S. Major Drive EXISTING ZONING: R-S (Residential Single -Family Dwelling) District PROPERTY SIZE: 7.436 ac., more or less EXISTING LAND USES: Vacant FLOOD HAZARD ZONE: X — Area determined to be outside the 500-year flood plain. SURROUNDING LAND USES: SURROUNDING ZONING: NORTH: Residential R-S (Residential Single -Family Dwelling) District EAST: Residential R-S SOUTH: Residential R-S WEST: Residential RM-H (Residential Multiple -Family Dwelling - Highest Density and R-S COMPREHENSIVE PLAN: Neighborhood Growth Unit STREETS: Major Drive -- Arterial, State Highway (FM 365), with 140' wide right -of- way and 67' pavement width. DRAINAGE: Curb & Gutter WATER: 6" Water line SANITARY SEWER SERVICE: 8" Sanitary sewer line PROPERTY OWNERS NOTIFIED WITHIN 200' AUDILET TERRY BRYANT GREG & REESA CAMPOS HECTOR & MARIA CARAWAY THOMAS B COLLIER RICHARD F & MARY L FERGUSON ROBERT E & MARY A LE'S BEAUMONT FAMILY INVESTMENT LP MARTINEZ OSCAR & JUANA MATOS JULIE MTW PROPERTIES LLC NDK LE'S FAMILY INVESTMENT INC RICELAND SENIOR LIVING LLC RICHARD LARRY SMITH VANDIE LINDSEY III & COMELITA SHANTE STELLY PATTI BEAUMONT Planning & Community Development Case Type:Planning and zoning Case Status: REVIEW Case Sub Type: Rezone Tag Dame: Rezoning to RM-H Case #: PZ2023-169 Initiated On: 4/17/2023 4:09:43PM Location, South Mayor Drive Beaumont, TX Individuals listed on the record: Applicant Sabole Vishnu Vandana Home Phone: Missing Address, City, State, or Zip Code in People Work Phone: Cell Phone: 713-724-0056 E-Mail: vishnureddyusa@gmail.com Legal Description Legal Description: 7.436 Acre Tract or Parcel of Land Out of and Part of Lots 5 and 6, Block 7 Wescalder Fig Acres Volume 4, Pages 149 and 150, Map Records A. Savery League, Abstract No. 46 Beaumont, Jefferson County, Texas Meets & Bounds BEING a 7.436 acre tract or parcel of land situated in the A. Savery League, Abstract No. 46, Jefferson County, Texas and being out of and part of Lots 5 and 6, Block 7 of Wescalder Fig Acres, a subdivision of the City of Beaumont, Jefferson County, Texas, according to the plat thereof recorded in Volume 4, Pages 149 and 150, Map Records, Jefferson County, Texas and being out of and part of that certain called North 3 acres of Lot 6, Block 7 of Wescalder Fig Acres as described in a deed from E.C. Kline and wife, Mary Anna Kline to Arthur L. Guidry and wife, Beulah Guidry as recorded in Volume 542, Page 431, Deed Records, Jefferson County, Texas, save and except that certain called 0.03 acre tract of land as described in a 'Right-of-way Deed" from A.L. Guidry and wife, Beulah Guidry to the State of Texas as recorded in Volume 632, Page 154, Deed Records, Jefferson County, Texas and being all of that certain tract of land out of and part of Lot 6, Block 7 of Wescalder Fig Acres as described in a deed from Arthur L. Guidry and wife, Beulah Guidry to Edward Lewis Sanders and wife, Rose Mary Sanders as recorded in Volume 846, Page 8, Deed Records, Jefferson County, Texas and being all of that certain called North two (2) acres of Lot 6, Block 7 of Wescalder Fig Acres as described in a "Warranty Deed" from Beulah Guidry to Tommy Joe Lawhon as recorded in Volume 1621, Page 336, Deed Records, Jefferson County, Texas and furthermore being all of that certain tract being called the North 2 acres of Lot 6, Block 7 of Wescalder Fig Acres, identified as TRACT NO. 1, and all of that certain tract out of Lot 6, Block 7 of Wescalder Fig Acres, identified as TRACT NO. 2, as described in a "Warranty Deed" from Tommy Joe Lawhon and Jean Michael Sande Number of Acres 7.44 Proposed Use RM-H Apartments Notes: Case Type: Planning and zoning Page 1 of 1 Case M PZ2023-169 Printed On: 5/19/2023 ,llsq.li; E a52 a� 119 IRV 1'CCea� A$ Hi jig q[f;f�g°o'sai$[ rY10 it r��ji 'lift[ ��S:� ��}q s 1gF�' iq INS' it its 3 :r!3'g [�� dilsapSg�r `'iYs !•1lS S s fE l.s.SSs��'r�s lg€ijis 8F!j5[ iK't ss, �f a9psS� f€,St! 7i It ads i� §�` S ppls �pl� igbs g sjIIff$ `�i34�i13 ia€fii.s�3Si FY�$Cq 3 RI � $ _ $ a rre 5 -ere rr� ere .ram qq a y ° HID 58T`13'30'Vf i99.I. +v — —W— —w re— —WT .�.----.----- r+r — --_w— —w— =- 71 It i1Ip� 14 TJ laaaao■aaaaaiaaaaa■a ���%�� 4 tf oa= a"a' o�x ,Er a I ti IIIF Y I i I I i I 1164 •�E ! �i �A I�C�i� ,. r rn "i0 {t It i1 n.... p Q f w IN jT{I FMD 7187'11'43'E TATA N FS n�A ,� • .�'do t1 1�'li� 'E R8:7 T6T'3 8 i�Il v _v__________,_�.�I� lit ttIe Ptti{� South Major QFIVFi SCALE: AS SYAwN SFIEEi IN.M9ER ;. ob I I i;I �� tt�'i �;,� Ot 3 Beaumont, TX w,ew'msz� z Ep ° I qj€ ate itj t Avis Invesfinent, LLC� ifkiiiti 6 s = + oanwnar. + F �t EYALLC Avis Investment, LLC, Property Owner S Major Drive Beaumont, TX April 16, 2023 We are requesting the existing zoning to RM-H (Residential Multiple -Family Highest Density). We will be constructing approximately 150 apartments with 255 parking spaces. 3bedrooms, 2bedrooms and one bedroom. We will provide total management of the property with onsite/offsite staff and 24-hour video surveillance. The entire site will be fenced on all 3 sides at 8' and buffer requirements. All requirements and compliance with the building code, fire, public works, dd6 and water utilities will be met and effective workmanship in accordance with the city ordinance. We would like to start the project in the fall of 2023 with ground break and construction. Our goal when approaching this project is to use excellent quality and safe place to live. We believe this will help to catapult economic growth and development in these communities. We truly believe in ourselves and the people that we serve in these communities that they too would have an extraordinary experience when they visited our complex facilities. Thank you so much for this wonderful opportunity to be a part of this great community and the City of Beaumont. Looking forward to hearing a positive approval of this proposed development. Sincerely, Vishne Vandana Sabole lIZ2023-169: Request for a Rezoning from R-S (Residential - Single -Family Dwelling) to RM-H ;Residential Multiple -Family Dwelling - Highest Density) or a more restrictive district. iplicant: Sabole Vishnu Vandana cation: North of 2360 S. Major Drive 0 100 200 300 400 1 1 1 1 1 1 Feet DATE: June 26, 2023 TO: Planning Commission and City Council FROM: Adina Josey, Senior Planner SUBJECT: To consider a Specific Use Permit to allow a gaming facility in the GC -MD (General Commercial Multiple -Family Dwelling) District. FILE: PZ2023-191 STAFF REPORT Courtney Watson requests approval for a Specific Use Permit to allow a gaming facility located at 39 N. 11th Street, Suite B. Ms. Watson intends to install fourteen (14) gaming machines. Hours of operation will be 10am to 10pm, Monday through Sunday. Plans are to staff this location with one fulltime employee and one security person. It should be noted that gaming facilities that have five or fewer machines tend to be considered accessory in nature, when part of a primary use, and as such tend to result in fewer negative impacts on surrounding land uses. However, larger game rooms with dozens of machines take on the scale of a small casino and as a result, require careful consideration as to their location and compatibility with surrounding land uses. Some of these considerations include compatibility with other land uses, noise, and traffic as well as safety considerations. As such, proximity to parks, schools and especially residential uses should be carefully considered in the review of gaming facilities. This property is in close proximity to BISD's alternative campus at 88 Jaguar, and Lily of the Valley Missionary Baptist Church is located at 2856 Smart St. Additionally, the shared parking lot has forty-four (44) existing, legal spaces for the shopping plaza and the proposed gaming facility would require twenty-five (25) to thirty (30) of those spaces. An additional twenty-six (26) spaces are shown on the site plan, but overhang the City right-of-way and are not legal. Therefore, the overall shopping center only has 31%of the minimum required parking, which may lead to conflict 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 Plat C-6, Tracts 9, 9-B & 63, N. Tevis Survey, Beaumont, Jefferson County, Texas, containing 2.29 acres, more or less. ANALYSIS CONDITIONS FOR APPROVAL OF SPECIFIC USE PERMIT (SECTION 28.04.001(e), ZONING ORDINANCE) Application Application is is not in in -compliance compliance Conditions: 1. That the specific use will be compatible with and not injurious to the use and enjoyment of other property, or significantly diminish or impair property values within the immediate vicinity; X 2. That the establishment of the 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 supporting facilities have been or will be provided; X 4. The design, location and arrangement of all driveways and parking spaces provides for the safe and convenient movement of vehicular and pedestrian traffic without adversely affecting the general public or adjacent developments; X 5. That adequate nuisance prevention measures have been or will be taken to prevent or control offensive odor, fumes, dust, noise and vibration; X 6. That directional lighting will be provided so as not to disturb or adversely affect neighboring properties; X 7. That there are sufficient landscaping and screening to insure harmony and compatibility with adjacent property; and, X 8. That the proposed use is in accordance with the Comprehensive Plan. X Comments Attached GENERAL INFORMATION/PUBLIC UTILITIES APPLICANT: Courtney Reschall Watson PROPERTY OWNER: Plaza 11th Street L.L.C. LOCATION: 39 N. 111h Street, Suite B EXISTING ZONING: GC -MD (General Commercial — Multiple - Family Dwelling District) PROPERTY SIZE: —2.29 acres EXISTING LAND USES: Commercial Shopping Center FLOOD HAZARD ZONE: X — Area determined to be outside the 500 year flood plain. SURROUNDING LAND USES: SURROUNDING ZONING: NORTH: Commercial GC -MD (General Commercial — Multiple - Family Dwelling District) EAST: Commercial GC -MD SOUTH: Commercial GC -MD WEST: Commercial Ll (Light Industrial) COMPREHENSIVE PLAN: Conservation and Revitalization STREETS: Washington Blvd- Secondary Arterial with 90' wide right-of-way and 50' pavement width. DRAINAGE: Curb and gutter WATER: 2" and 6" Water lines SANITARY SEWER SERVICE: 8" Sanitary sewer line PROPERTY OWNERS NOTIFIED WITHIN 200- CORBELLO DAVID DISHMAN JUDY & GEORGE ENTERGY TEXAS INC FAD EQUITY LLC FISH CREEK HOLDING CO LLC FOREVER GROW PROPERTIES LLC GRAINGER W W INC ILES KATHRYN & GEORGE MATERIALS EVALUATION & PLAZA 11TH STREET LLC R & J WAREHOUSE PARTNERS LTD STUART EDWARD S JR ET UX W FIRMA LLC BEAUMONT Punning & Community Development Case Type:Planning and Zoning Case Sub Type: Specific Use Permit Case M. PZ2023-191 Location: 39 N 11TH ST, SUITE B, BEAUMONT, TX Individuals listed on the record: Applicant COURTNEY RESCHALL WATSON 1840 harriot heaumont, tx 77705 Property Owner PLAZA 11TH STREET LLC Missing Address, City, State, or Zip Code in People Case Type: Planning and Zoning Case #: PZ2023-191 Case Status: REVIEW Tag Name: SUP to allow a gaming facility. initiated On: 4/27/2023 2:01:33PM Home Phone: Work Phone: Cell Phone: 4096566033 E-Mail: Reschallgir137@gmail.com Home Phone: Work Phone: Cell Phone: E-Mail: Page 1 of 2 Printed On: 5/1912023 BEAUMONT Planning & Community Development Legal Description TRS 63 9 9-13, PL C-6, N TEVIS 2.290AC 25-51-55 N 11 T H ST Number of Acres 2.29 Proposed Use gameroom That the specific use will be This will be compatible with and not be injurious to the use of compatible with and not injurious to enjoyment of other property nor will it significantly diminish orimpair the use and enjoyment of other property values within the immediate vicinity property, nor significantly diminish or impair property values within the immediate vicinity That the establishment of the specific use will not impede the normal and orderly development and improvement of surrounding vacant property; That adequate utilities, access roads, drainage and other necessary supporting facilities have been or will be provided The design, location and arrangement of all driveways and parking spaces provides for the safe and convenient movement of vehicular and pedestrian traffic That adequate nuisance prevention measures have been or will be taken to prevent or control offensive odor, fumes, dust, noise and vibration That directional lighting will be provided so as not to disturb or adversely affect neighboring properties That there are sufficient landscaping and screening to insure harmony and compatibility with adjacent property That the proposed use is in accordance with the Comprehensive Plan Notes: Case Type: Planning and Zoning Case #: PZ2023-191 MY establishment of secific use will not impede the normal orderly development and it will improve surrounding vacant property THEIR will be adequate utilities , access roads , drainage and other necessary supporting facilities will bd provided. The design and location will provide parking spaces for safe and convenient movement of vehicular and pedestrain traffic. Adequate nuisance prevention measures will be taken to prevent and control offensive odors ,fumes dust , noise, and vibrations direction lighting will be provided so their will be no disturbane to neighboring propertiees. Their will be sufficient landscaping and screenig to insure harmony and compatibility with adjacent property The proposing use will be in accordance with comprehensive plan. Page 2 of 2 Printed On: 5I1912023 April 28, 2023 Beaumont planning and zoning commission 801 main ST. Beaumont Tx, 77701 To whom it may concern, My name is Courtney R. Watson and, I am interested in opening a game room at the proposed location which is location in the site plan. Specific address is 39 N 11st in Beaumont Texas 77701. However, because of the nature of the business, I am required to apply for a specific planning permit. If I am proved I will take the appropriate measure to follow the City of Beaumont guideline's in mananaging such as operation classification. My hours of operation will be as followed Monday thru Sunday from 10am to 10 pm. If approved I will staff my business with one fulltime employee and security personal. Hopefully my application suffice to warrant approval. I can be reached at 409 6596033 or watsoncourtneV1999@gmaii.com and /or 1840 harriotst Beaumont Texas 77705 f 7o whom It may concern, My name is Courtney Watson and, I am applying for a specific planning permitfor the address 39 north 111h street suite B. Yes I understand the city ordinance and I will be giving out plush prizes to winners . Which will include different sizes stuff animals, pillows and blankets. No monetary prize will be (JOIN SSI�iYI CW1.5 awarded, Sincerely, Courtney Watson 03/25/2023 a " Juslln Lee Rideau My COMMISSIOn I;xplres + + 8111I2O2G Notary ID 730824321 I MAIlm r sl n I IZ2023-191: Request for a Specific Use Permit to allow a gaming facility in the GC -MD N General Commercial — Multiple -Family Dwelling) District. kpplicant: Courtney Watson .ocation: 39 N. 11th Street, Suite B 0 100 200 300 400 1 i I I I Feet 1tr ! GC -MD . , g Le encl �'f • � � _ - � _ - ; ,'"Id ����° ' ;�,' :� SOUTH ST k tY'l" t A, m ANGELINA ST L-P GC -MD r �a t ` oil , ,. ( 4 _— f� .3 •� 'fit .4WD . � 0> x SMARTST ��_.•_ ! �i •a -- ..�..--- HI f h'P I 1 GC=,'MD G.C-MD LI I DATE: June 26, 2023 TO: Planning Commission and City Council FROM: Adina Josey, Senior Planner SUBJECT: Consider a request for a Specific Use Permit to allow a duplex in an RS (Residential — Single-family Dwelling) District. FILE: P22023-205 STAFF REPORT Loan Duong representing Tien Tran is requesting a Specific Use Permit to allow a duplex at 10720 Sherwood Drive. This property is located within the IRS (Residential - Single -Family Dwelling) district and as such a two-family dwelling requires a Specific Use Permit. The structure will be one-story with two units for a combined total of 2,420 square feet. Staff recommends approval of this request with the following condition: 1. The lot shall be graded to drain towards the street and not onto adjacent properties 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 19 Responses in Favor Responses in Opposition LEGAL DESCRIPTION FOR ORDINANCE PURPOSES Being Lot 6, Block C, Pine Island Bayou Estates, Beaumont, Jefferson County, Texas, containing 0.34 acres, more or less. ANALYSIS CONDITIONS FOR APPROVAL OF SPECIFIC USE PERMIT (SECTION 28.04.001(e), ZONING ORDINANCE) Application Application is in- is not in Comments compliance compliance Attached Conditions: 1. That the specific use will be compatible with and not injurious to the use and enjoyment of other property, or significantly diminish or impair property values within the immediate vicinity; X 2. That the establishment of the 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 supporting facilities have been or will be provided; X 4. The design, location and arrangement of all driveways and parking spaces provides for the safe and convenient movement of vehicular and pedestrian traffic without adversely affecting the general public or adjacent developments; X 5. That adequate nuisance prevention measures have been or will be taken to prevent or control offensive odor, fumes, dust, noise and vibration; X 6. That directional lighting will be provided so as not to disturb or adversely affect neighboring properties; 0 i. That there are sufficient landscaping and screening to insure harmony and compatibility with adjacent property; and, X 8. That the proposed use is in accordance with the Comprehensive Plan. X GENERAL INFORMATION/PUBLIC UTILITIES APPLICANT: Tien Tran PROPERTY OWNER: Lola Venture Investment, L.L.C. LOCATION: 10720 Sherwood Drive EXISTING ZONING: RS (Residential Single - Family Dwelling) PROPERTY SIZE: 0.34 acres, more or less EXISTING LAND USES: Vacant FLOOD HAZARD ZONE: "X" - Areas determined to be outside 500-year floodplain SURROUNDING LAND USES: SURROUNDING ZONING: NORTH: Vacant RS (Residential Single - Family Dwelling EAST: Vacant RS SOUTH: Vacant RS WEST: Vacant LI (Light Industrial) COMPREHENSIVE PLAN: Neighborhood Growth Unit STREETS: Sherwood Drive- Local Street with a 66' wide right- of-way and 22' wide pavement. DRAINAGE: Open ditch WATER: 16" water line SANITARY SEWER SERVICE: 16" sanitary sewer line PROPERTY OWNERS NOTIFIED WITHIN 200 FEET BRACKIN MARK MATHIAS IV DAL SASSO CONSTRUCTION CO DENOVA 1 ARELI & MARISOL FOREVER HOME INVESTMENTS LLC FOWLER DONALD R FOX STEVEN LOLA VENTURE INVESTMENT LLC MOSBY LOUIS EDWARD !R & TABATHA R NEBGEN BARBARA QMC REAL ESTATE HOLDINGS LLC RANDLE GEORGE D III &STEPHANIE SINGLETON DAVID STEPHENS AM BEAUMONT Planning & Community Development Case Type:Planning and Zoning Case Sub Type: Specific Use Permit Case #: PZ2023-205 Location: 10720 SHERWOOD DR, BEAUMONT, 77713 Individuals listed on the record: Applicant Tien Tran 6805 Saratoga Circle Beaumont, TX 77706 Property Owner Lola Venture Investment, LLC 10720 Sherwood Dr Beaumont, TX 77713 Agent Loan Duong 6805 Saratoga Cirlco Beaumont, TX 77706 Case Type: Planning and Zoning Case #: PZ2023-205 Case Status: REVIEW Tag Name: SUP to allow a Duplex Initiated On: 5112/2023 2:11:43PM Home Phone: Work Phone: Cell Phone: 4095491776 E-Mail: Lolaventureinvest@gmail.com Home Phone: Work Phone: Cell Phone: 4095491776 E-Mail: Lolaventureinvest@gmail.com Home Phone: Work Phone: Cell Phone: 4094664242 E Mail: Lolaventureinvest@gmail.com Page 1 of 5 Printed On: 5/30/2023 BEAUMONT Planning & Community [development Legal Description Lot 6, Block C, Pine Island Bayou Estates Number of Acres 0.34 Proposed Use Duplex Residental That the specific use will be A multi -family duplex use will not negatively impact the use and compatible with and not injurious to enjoyment of other properties, nor significantly diminish or impair the use and enjoyment of other property values by a property, nor significantly diminish or well -maintained and appropriately zoned residential development. impair property values within the This ensures that the property is used for its intended purpose of immediate vicinity residential use only. during construction, we will adhere to local regulations, building codes and safety with proper setbacks, in line with coexisting characters of the neighborhood, and maintain a visually appealing appearance by keeping the property clean and well -kept during construction and post construction. A 40 yard dumpster and removal of debris will be at the construction site for trash collection. Portable potty will be on the premises but in an area away from neighbors. Additionally, implementing noise mitigation measures by performing construction at appropriate hours, responsible parking management without traffic congestion, and thoughtful landscaping by adding trees and bushes can help minimize any potential disturbances to neighboring properties and maintain property values by high quality materials and elevation along with planting trees and bushes. That the establishment of the specific The design and layout of the duplex is drawn in consideration of the use will not impede the normal and surrounding properties. The development of the duplex property will orderly development and improvement be within the vicinity of the property line and maintain appropriate of surrounding vacant property; setbacks noted on the house plans and ensure that it does not hinder potential future development or improvements on nearby vacant lots or blocking any easement. We will ensure that the new multi -family residential duplex does not encroach on the property line or near the neighbors' property. The proposed development is aligned with the long term development plans and goals for the surrounding vacant property and established neighborhood. Contractors will remain only on the property performing the work and will not disturb the surrounding neighbors. All trash will be picked up accordingly. Clear and good communication will be kept at all times to have clear communication and address any concerns the neighboring residents may have. Case Type: Planning and Zoning Page 2 of 5 Case #: PZ2023-205 Printed On: 5/30/2023 BEAUMONT Planning & Community Development That adequate utilities, access roads, Adequate utilities, access roads, drainage, and other necessary drainage and other necessary supporting facilities will be provided for a new multi -family residential supporting facilities have been or will duplex. This includes be provided ensuring that the property has access to reliable and sufficient water with proper plumbing and drainage, electricity, gas, and sewage systems, all by qualified and licensed contractors . Collaboration with utility providers, local authorities, municipalities to extend and install necessary equipment. will add 60140 light dirt and grade to have proper drainage. Drainage systems will be in place to manage stormwater effectively and prevent flooding or water damage to the property. Other necessary supporting facilities may include street lighting and frequent garbage collection services. The General Manager will ensure that all necessary infrastructure will be adequately provided to support the duplex and meet the needs of its residents, as well as to prevent any negative impacts on the surrounding area. This promotes the smooth functioning of the property and contributes to the overall development of the community. The design, location and arrangement Driveways and parking spaces will be carefully planned to ensure of all driveways and parking spaces efficient traffic flow and easy access for residents and visitors. It will provides for the safe and convenient be designed to accommodate the vehicles for the residents, allowing movement of vehicular and pedestrian for safe entry and exit from the 10720 Sherwood Dr. Each duplex will traffic have their own driveway to enter and exit with adequate space for additional parking. Proper setbacks, screening, or buffering measures to maintain compatibility with adjacent properties and promote a harmonious coexistence. Overall, the design, location, and arrangement of driveways and parking spaces will prioritize safety, as demonstrated in the site plan page A-3, convenience, and minimal impact on the general public and adjacent developments. This helps to create a harmonious and functional environment for both residents and the surrounding community. Case Type: Planning and zoning Page 3 of 5 Case M PZ2023-205 Printed On: 5/30/2023 BEAUMONT Planning & Corntnunity Development That adequate nuisance prevention Adequate nuisance prevention measures will be taken to prevent or measures have been or will be taken control offensive odor, fumes, dust, noise, and vibrations associated to prevent or control offensive odor, with a new fumes, dust, noise and vibration multi -family residential duplex. This includes implementing appropriate measures during the construction phase as well as in the ongoing operation of the property. To address offensive odors, there will be proper ventilations, proper waste management practices will be in place, appropriate dumpster and regular collection as needed, including the maintenance of clean and sanitary conditions. If necessary, odor control systems or technologies can be employed to mitigate any unpleasant smells by contracting the environmental sanitation company to help defuse the unpleasant smell. Fumes and dust can be minimized by adhering to construction best practices, such as using proper ventilation systems, dust control methods, and construction techniques that minimize the release of airborne particles. Noise prevention measures will be implemented to ensure that the operation of the duplex construction does not cause excessive noise levels that may disturb neighboring properties. This may involve sound insulation techniques, adherence to noise regulations and guidelines, the use of quiet equipment and machinery, and only operating during working hours. Careful consideration on the day of the time during construction. Vibrations can be controlled by utilizing construction techniques that minimize ground disturbances, such as proper foundation design and construction methods. Additional dirt will elevate the property and that will help minimize any standstill walter and drainage,which will minimize ground disturbances. By taking these nuisance prevention measures, the impact of offensive odor, fumes, dust, noise, and vibrations can be effectively controlled and minimized, promoting a harmonious living environment for both the residents of the duplex and the surrounding community. Case Type: Planning and Zoning Page 4 of 5 Case #: PZ2023-205 Printed On: 5/30/2023 BEAUMONT Planning & Cointnttnity Development That directional lighting will be Directional lighting will be provided in a manner that avoids disturbing provided so as not to disturb or or adversely affecting neighboring properties in the vicinity of a new adversely affect neighboring multi -family properties residential duplex. This involves careful placement and appropriate shielding of lighting fixtures to minimize light pollution and prevent excessive glare. 'Exterior light fixtures will direct light to the ground and in areas that need lighting, away from the neighbor window and direction, focusing it on the intended areas such as walkways, entrances, and parking, while avoiding unnecessary illumination of neighboring properties. This can be achieved through the use of properly positioned and shielded fixtures, such as full cutoff or downward -facing luminaires, which minimize light spillage and ensure that light is directed where it is needed without causing unnecessary brightness in neighboring areas. Flood light sensors can be employed to ensure that lighting is only active when necessary, further reducing potential disturbances. By providing directional lighting that is focused and properly shielded, the impact on neighboring properties can be minimized, allowing for a pleasant living environment and maintaining a good relationship with the surrounding community. That there are sufficient landscaping This is done by selecting appropriate plant species, trees, and and screening to insure harmony and shrubs that are in line with the local climate, vegetation, and compatibility with adjacent property architectural style. These will be carefully placed in front of the house and maintain upkeep of the existing trees surrounding the property. Several bushes planted around the front of the duplex and a few new trees to front of the ground around the driveway. That the proposed use is in The comprehensive plan serves as a long-term vision for the accordance with the Comprehensive development and growth of a community, addressing various aspects Plan such as land use, zoning, transportation, infrastructure, environmental considerations, and character of the home. To confirm compliance, this involves verifying that the proposed duplex use is allowed in the designated area requested and complies with building regulations outlined in the plan provided. We will adhere to the house plans as done by architecture drawing, and following building codes and regulation. Additionally, adhering to these guidelines ensures that the proposed use aligns with the goals of the community and in accordance with the comprehensive plan. The new multi -family residential duplex will obtain proper zoning for a duplex, zoning regulations, consult qualified licensed professionals, consult with the local planning department to ensure compliance. Notes: Case Type: Planning and Zoning Page 5 of 5 Case #: PZ2023-205 Printed On: 5/30/2023 May 12, 2023 To Planning & Community Development 801 Main Street City Council Chambers, City Hall (409) 880- 3100 RE: Letter of interest for Specific Use Permit (SUP) Request for development of a duplex, a multi- family residence at 10720 Sherwood Dr. Beaumont, TX 77713 Dear Commissioners, I am applying for a Specific Use Permit to a lot zoned to Single Residential Family. I would like to express my interest in the development of a multi -family duplex at 10720 Sherwood Dr. Beaumont, TX 77713. Lot 6 in block "C" of Pine Island Bayou Estates. I am a resident of Beaumont, TX and business owner of Lola Venture Investment, LLC and have been in business with new residential constructions builds. This multi -family duplex proposal, each unit is one story with 3 bedroom, 2 bath, 1 car garage, per unit with its own AC/heating unit. Total living is 1210 square feet per unit, 277 square feet in the garage area and 52 square feet in the porch area, Exterior elevation includes siding, brick, beams as included in the plans attached. The total slab is 3335 square feet and will include all rebar that is noted in the plan. The lot planned for this development is 0.34 acres (120.24' x 124.92') with 10' easement. The timeframe for this duplex development, if approved, is estimated approximately 8-10 months or less at the time of start of construction. The plan for this project is for a single family to lease one unit for approximately $1450.00 per unit, long term (1 year lease). Sincerely, Tien Tran & Loan Duong Lola Venture Investment, LLC 6805 Saratoga Circle Beaumont, TX 77706 Tien (409) 549 -1776 Loan (409) 466 - 4242 Lolaventureinvest@gmail.com l_J1 `i' 1 l IL I. '' i 1 Mol � N:I.LYM Z2023-205: Request for a Specific Use Permit to allow a duplex in an RS (Residential — ingle-Family) District. plicant: loan Duong for Tien Tran ration: 10720 Sherwood Drive 0 100 200 300 400 1 1 I 1 1 Feet DATE: June 26, 2023 TO: Planning Commission and City Council FROM: Adina Josey, Senior Planner SUBJECT: To consider a request for a Rezoning from GC -MD (General Commercial — Multiple -Family Dwelling) to C-M (Commercial — Manufacturing) or a more restrictive district. FILE: PZ2023-219 STAFF REPORT Troy Hatch is requesting approval for a Rezoning from GC -MD (General Commercial — Multiple -Family Dwelling) to C-M (Commercial — Manufacturing) for the property at 5190 Forsythe Street. Mr. Hatch, owner of Hatch's Towing & Recovery, L.L.C., recently purchased the property. The property was being used as a Vehicle Storage Facility (VSF), but had not been permitted for that use. Mr. Hatch assumed the use was legal. Unfortunately, a Vehicle Storage Facility is not permitted in GC -MD zoning for storage of more than ten (10) vehicles. When applying for the required Certificate of Occupancy, Mr. Hatch discovered several issues with the property, first and foremost the zoning which would not allow him to store the number of vehicles he planned. The property to the north was rezoned to C-M in 2001 and is currently used as a VSF. Property to the west is zoned HI (Heavy Industrial). The proposed VSF would be required to meet all existing Zoning Ordinance Requirements. Planning staff recommends approval 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 29 Responses in Favor Responses in Opposition LEGAL DESCRIPTION FOR ORDINANCE PURPOSES Being Lots 1-4, Block 17, Sunnyside Addition, Beaumont, Jefferson County, Texas, containing 0.344 acres, more or less. GENERAL INFORMATION/PUBLIC UTILITIES APPLICANT: PROPERTY OWNER: LOCATION: EXISTING ZONING: Troy Hatch Tommy Ford 5190 Forsythe Street GC -MD (General Commercial — Multiple -Family Dwelling) District PROPERTY SIZE: 0.344 ac., more or less EXISTING LAND USES: Vacant FLOOD HAZARD ZONE: X — Area determined to be outside the 500-year flood plain. SURROUNDING LAND USES: SURROUNDING ZONING: NORTH: Commercial C-M (Commercial — Manufacturing) EAST: Residential R-S (Residential — Single -Family Dwelling) SOUTH: Commercial GC -MD (General Commercial -- Multiple -Family Dwelling) District WEST: Industrial HI (Heavy Industrial) COMPREHENSIVE PLAN: Neighborhood Growth Unit STREETS: Forsythe Street -- Local Street with 60' wide right-of- way and 18' pavement width. Delmar Drive — Local Street with 55' wide right -of- way and 18' pavement width. DRAINAGE: Open Ditch WATER: 2" Water line SANITARY SEWER SERVICE: 8" and 6" Sanitary sewer lines PROPERTY OWNERS NOTIFIED WITHIN 200` ARDOIN CHRIS BOYCE ELNORA ESTATE CALLAHAN KIMBLE CLUCK DAVID CHRISTOPHER COMMERCIAL METALS INC DELGADO MANUEL DELGADO VICTORINA VELAZQUEZ (LIFE ESTATE) DOOLEY CLARA FORD TOMMY MARK GOODMAN TRULENE GOSNELLJOHN HENRY HAMMACK CHARLES GLENN KEN EBREW WILLIAM PARSONS FRED III ROBINSON GARRY W ET UX SOUTHERN IRON & METAL CO TRITEX INVESTMENT GROUP LLC BEAUMONT Planning a GommUnity Development Case Type:Planning and Zoning Case Status: REVIEW Case Sub Type: Rezone Tag Name: GCMD to CM Case #: PZ2023-219 Initiated On: 5/19/2023 8:59:10AM Location: 5190 FORSYTHE ST, BEAUMONT, 77707 Individuals listed on the record: Applicant Troy Hatch Home Phone: 4097815068 31376 us hwy 96 Work Phone: Buna, TX 77612 Cell Phone: 4097815068 E-Mail: Hatchswrecker@gmail.com Legal Description SUNNYSIDE LTS 1-4 B17 Number of Acres 0.34 Proposed Use VSF (Vehicle storage facility) Notes: Case Type: Planning and Zoning Page 1 of 1 Case #: PZ2023-219 Printers On: 5/19/2023 HATCH'S TOWING 8. RECOVERY, LLC 31376 US HWY 96 S BUNA, TEXAS 77612 EMAIL: HATCHSWRECKEK[ GMAIL.COM PHONE: 409-622-9100 FAX: 409-994-3207 Hatch's Towing & Recovery, LLC offers a wide range of services for our customers. We can haul light and heavy duty vehicles or equipment, portable buildings, winch outs, tire changes, jump starts and fuel delivery. Our business is open 24/7, 365. Our once located at 5190 Forsythe Street Beaumont, Texas 77707 will be used as a Vehicle Storage Facility. The perimeter of the property lime is outlined with a hard barricade fence. WAVNCYASc6 t `P O��1 w\t� ltin""I- i k �OckS a\Qch ck s \r)�- \NK5 "' uk d VW 001ST. w-( ire mym V S' �1�(f+chXI Z2023-219: Request for a Rezoning from GC -MD (General Commercial -- Multiple -Family ,welling) to C-M (Commercial -- Manufacturing) or a more restrictive district. ,pplicant: Troy Hatch ocation: 5190 Forsythe Street 0 11 200 309 �400 Feet Legend;f 219 (PRIVATE) i1 IS R_S _ R-S R,S rrgNNIN s __ M 4 ' X m FORSYTHE ST' Wit C li u G C-MD R=S G C-MD IV( LI} NC ; - ST -GC-MD �' - GC -Mph 4 C -+ ^ -A� 44®r, SO - , ! GC -MD' j GC -MD GC GC -MD; II +' —�•