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HomeMy WebLinkAbout4-17-23 PC MInutes * M I N U T E S * JOINT PUBLIC HEARINGS PLANNING COMMISSION CITY COUNCIL st 1 Floor Conference Room, Ste. 130, City Hall April 17, 2023 A Joint Public Hearing of the Planning Commission and City Council was held on April 17, 2023 and called to order at 3:17 p.m. with the following members present: Commission Members present: Chairman Sina Nejad Commissioner Johnny Beatty Commissioner Hamza Jabbar Commissioner Spencer Jabbia Commissioner Darius Linton Commissioner Lynda Kay Makin Alternate Commissioner Rogers Sorrell Jr. Commission Members absent: Commissioner Shawn Javed Commissioner Tom Noyola Commissioner Eddie Senigaur Alternate Commissioner Erika Harris Councilmembers present: Mayor Robin Mouton Mayor Pro-Tem Chris Durio Councilmember Randy Feldschau Councilmember Mike Getz Councilmember Audwin Samuel Also present: Kenneth R. Williams, City Manager Chris Boone, Assistant City Manager, Community Services Demi Engman, Planning Manager Elayna Luckey, Planner I Sharae Reed, City Attorney Susan Smith, Recording Secretary APPROVAL OF MINUTES Commissioner Jabbar moved to approve the minutes of the Joint Public Hearings held on March 20, 2023. Commissioner Makin seconded the motion. The motion to approve the minutes carried 6:0. 1 $ Planning Commission $$$ April 17, 2023 REGULAR MEETING 1) PZ2023-50 : Request to abandon a portion of the Carpenter Road right-of-way Applicant: Chris Phillips Location: Portion of Carpenter Road between Oak Ridge Street and Broussard Road Mrs. Engman presented the staff report. This item was tabled from the March 20, 2023 meeting by request of the applicant. Chris Phillips is requesting to abandon of a portion of Carpenter Road located between Oak Ridge Street and Broussard Road. Approval of this request will allow Mr. Phillips to care for the right- of-way as vegetation has taken over the pavement due to constant flooding. The City does have a water line and street lights within the existing right-of-way and a sewer line nearby. Slides of the survey and subject property were shown. Planning staff recommended approval of the request with the following conditions: 1.Shall retain the existing right-of-way as an easement. 2.Any street lights within the abandonment will convert to private security lights within a private property upon approval of the abandonment. Security lighting is optional and therefore, billing for continued usage shall be transferred to the owner or the lights will need to be removed. 3.No permanent structures or appurtenances shall be placed within the easement property. The City will not be responsible for any surface restoration when water and/or sanitary sewer repairs are necessary within the City of Beaumont water line or sanitary sewer line easement. 4. city crews to BW!R!WV_TV!Zd!e`!SV!Z_deR\]\]VU)!R!^Z_Z^f^!3o!hZUV!XReV!dYR\]\]!SV!ac`gZUVU!W`c access the easement. 5.If approved, applicant shall obtain an Appraisal and Title Search for the property to be abandoned at their expense. Appraisal and Title Search must be submitted to the Planning Office along with proof that payment has been arranged prior to the item being place on <Zej!<`f_TZ\]od!RXV_UR+ The applicant was present. Chris Phillips, 11435 Carpenter Road, Beaumont, Texas addressed the Commission. He stated that he owns the property one either side of the property he is requesting to be abandoned. He further stated that a portion of the property to be abandoned goes through a pond and is overgrown with vegetation. He also stated that all power lines have been removed less one utility poles. The applicant approves of the conditions recommended by staff. The public hearing on this item was opened and closed without comment. Commissioner Makin moved to approve the request to abandon a portion of the Carpenter Road 6$ $ Planning Commission $$$ April 17, 2023 right-of-way, as requested in PZ2023-50, with the following conditions: 1.Shall retain the existing right-of-way as an easement. 2.Any street lights within the abandonment will convert to private security lights within a private property upon approval of the abandonment. Security lighting is optional and therefore, billing for continued usage shall be transferred to the owner or the lights will need to be removed. 3.No permanent structures or appurtenances shall be placed within the easement property. The City will not be responsible for any surface restoration when water and/or sanitary sewer repairs are necessary within the City of Beaumont water line or sanitary sewer line easement. 4. BW!R!WV_TV!Zd!e`!SV!Z_deR\]\]VU)!R!^Z_Z^f^!3o!hZUV!XReV!dYR\]\]!SV!ac`gZUVU!W`c!TZej!TcVhd!e`! access the easement. 5.If approved, applicant shall obtain an Appraisal and Title Search for the property to be abandoned at their expense. Appraisal and Title Search must be submitted to the Planning Office along with proof that payment has been arranged prior to the item being place on City C `f_TZ\]od!RXV_UR+ Commissioner Jabbar seconded the motion. The motion to approve the request carried 6:0. JOINT PUBLIC HEARINGS Mayor Mouton called the Joint Public Hearings of April 17, 2023 to order at 3:22 p.m. and explained the purpose of the Joint Public Hearing process. Mayor Mouton then turned the meeting over to Chairman Nejad to conduct the Joint Public Hearings. 2) PZ2022-315 : Request for a Specific Use Permit to allow swimming lessons in the RS (Residential Single Family Dwelling) District Applicant: Raymond Ford Location: 4890 Brace Street Mrs. Engman presented the staff report.Home owner, Raymond Ford, is requesting a Specific Use $ Permit to offer swimming lessons at 4890 Brace Street. In July of 2022, the Planning Division cited Mr. Ford for conducting swimming lessons in his backyard pool without the benefit of an approved Specific Use Permit. The Planning Division received complaints regarding parking issues due to the swimming lessons offered at his residence. Like A Fish has been providing services since July of 2019 and has served over 500 children and 150 adults to learn to swim. The program starts mid-May and ends mid-September. Lessons for children are Monday, Tuesday and Thursday from 5:30 p.m. to 8:30 p.m. Lessons for adults are Friday, Saturday and Sunday at various times during day light hours. Including himself, Mr. Ford staffs two (2) to three (3) employees to teach swimming lessons. 7$ $ Planning Commission $$$ April 17, 2023 Staff recommended approval of the request with the following condition: 1.Per Engineering, the driveway can accommodate six (6) cars and nine (9) cars can park on the street. At no point shall cars block driveways or restrict life safety vehicles to navigate the neighborhood. The owner of the business shall be responsible for enforcing such parking restrictions. Nineteen (19) notices were mailed to property owners within two hundred (200) feet of the subject property. One (1) response was received in favor and one (1) was received in informal opposition. Mrs. Engman read the notice of informal opposition. The property owner stated that they and their neighbors live in a quaint and quiet neighborhood. The notice further stated that in previous summers they have had to deal with the noise of music, the sight of individuals dancing in the front yard, the sight of individuals uncovered in their swimwear in the front yard, and several cars parked along the street making it difficult to drive home or back out of their driveways. The property owner also expressed concerns of liability, appropriate areas to conduct swim lessons, and safety of neighbors. The Planning staff did not receive signatures to indicate if these comment represent the neighborhood or one individual. Mrs. Engman read the notice in favor of the request. The property owner stated that the swimming lessons have not been a problem for her and thinks it is great that Mr. Ford is teaching people to swim. Slides of the survey and subject property were shown. Brief discussion followed concerning ownership of the neighboring vacant property and the daily average of individuals being instructed by Mr. Ford. The applicant was present. Raymond Ford, 4890 Brace Street, Beaumont, Texas addressed the Commission. He read a presentation outlining his request. Mr. Ford stated that he will place orange cones in the street at the front of his property to indicate the parking area for his clients. He further stated that he intends to submit a letter to his neighbors instructing them to contact him to address any concerns or complaints. He also stated that he informs the parents of his clients to not speed nor play loud music and proper parking along the street. Mr. Ford stated that he is CPR certified, along with two (2) employees, and has partnered with a neighbor to offer CPR lessons free of charge to any of his students that may be interested. He further stated that no loud music or inappropriate clothing is allowed. He also stated that he does not own the neighboring vacant lot, but wishes to purchase in the future. The public hearing on this item was opened and closed without comment. Commissioner Jabbar moved to approve the request for a Specific Use Permit to allow swimming lessons in the RS (Residential Single Family Dwelling) District, as requested in PZ2022-315, with the following condition: 1.Per Engineering, the driveway can accommodate six (6) cars and nine (9) cars can park on 8$ $ Planning Commission $$$ April 17, 2023 the street. At no point shall cars block driveways or restrict life safety vehicles to navigate the neighborhood. The owner of the business shall be responsible for enforcing such parking restrictions. Commissioner Beatty seconded the motion. The motion to approve the request carried 6:0. 3) PZ2023-70 : Request for amendments to the Zoning Ordinance concerning the Board of Adjustment, Section 28.02.005(3)(B) Applicant: City of Beaumont Mrs. Engman presented the staff report. In order for the Board of Adjustment to grant a variance, the applicant has the burden the prove all of the following: (A) That the granting of the variance will not be contrary to the public interest; and (B) That literal enforcement of the chapter will result in unnecessary hardship because of exceptional narrowness, shallowness, shape, topography or other extraordinary or exceptional physical situation or physical condition unique to the specific piece of property Z_!bfVdeZ`_+!mM__VTVddRcj!YR_UZTRa!PYRcUdYZaQn!dYR\]\]!^VR_!aYjdZTR\]!YRcUdYZa!cV\]ReZ_X!e`! the property itself as distinguished from a hardship relating to convenience, financial T`_dZUVcReZ`_d!`c!TRacZTV)!R_U!eYV!YRcUdYZa!^fde!_`e!cVdf\]e!Wc`^!eYV!Raa\]ZTR_eod!`c!ac`aVcej! `h_Vcod!`h_!RTeZ`_d8!R_U (C) That by granting the variance, the spirit of the chapter will be observed and substantial justice will be done. However, as is the case in most cities states, economic hardship is not a basis to grant a variance. However, Texas House Bill 1475 amended the Local Government Code to require that Texas cities allow economic hardship as one of the justifications for granting a variance in some limited circumstances, provided all other requirements for a variance to be granted are adhered to. Specifically, the Board may also consider the following economic impacts: (1) the financial cost of compliance is greater than 50 percent of the appraised value of the structure as shown on the most recent appraisal roll certified to the assessor for the municipality under Section 26.01, Tax Code; (2) compliance would result in a loss to the lot on which the structure is located of at least 25 percent of the area on which development may physically occur; In addition, the following factors may also be considered: (3) compliance would result in the structure not being in compliance with a requirement of a municipal ordinance, building code, or other requirement; (4) compliance would result in the unreasonable encroachment on an adjacent property or easement; or 9$ $ Planning Commission $$$ April 17, 2023 (5) the municipality considers the structure to be a nonconforming structure. However, it again is important to mention that while these additional justifications are now eligible for consideration, for a variance to be approved, all requirements outlined in the ordinance must be proven by the applicant. In order to comply with State statutes, the Planning staff recommended amendments to Section 28.02.005(3)(B). Commissioner Makin moved to approve the request for amendments to the Zoning Ordinance concerning Board of Adjustment, Section 28.02.005(3)(B), as requested in PZ2023-70. Commissioner Jabbia seconded the motion. The motion to approve the request carried 6:0. 4)PZ2023-83 : Request for a Specific Use Permit to expand a parking lot in the GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District Applicant: John Wilson Location: 1350 W. Lucas Drive Mrs. Engman presented the staff report. John Wilson request approval of a Specific Use Permit to expand a parking lot located at 1350 W. Lucas Drive. All new land uses within the GC-MD-2 zoning district requires a Specific Use Permit. Mr. Wilson intends to demolish the existing office and expand the parking lot to accommodate customers and employees dining at his restaurant, J. Wilsons. when a Specific Use Permit is required, the landscape buffering KVTeZ`_!/5+-1+--3'W('4(!deReVd)!m and fencing required by this section may be modified or eliminated as a condition of a specific use permit +n!Fc+!NZ\]d`_!cVbfVded!R!hRZgVc!e`!eYV!aVcZ^VeVc!\]R_UdTRaZ_X!cVbfZcV^V_e!R\]`_X!eYV!_`ceY! property line; however, he does int V_U!e`!Z_deR\]\]!R_!5o!h``UV_!WV_TV!e`!dTcVV_!eYV!aRc\\Z_X!\]`e!Wc`^! the residences to the north. Per Engineering, the proposed parking layout is feasible; however the southern driveway may need drive aisle or the first few spaces in e`!SV!dYZWeVU!e`!eYV!d`feY!Raac`iZ^ReV\]j!.2o!e`!R\]ZX_!hZeY!eYV Wc`_e!`W!eYV!ViZdeZ_X!UcZgVhRj!^Rj!_VVU!e`!SV!V\]Z^Z_ReVU!R_U!^Rc\\VU!m_`!aRc\\Z_X+n Mrs. Engman further stated that the house located on the adjacent property will be demolished to accommodate the expanded parking lot. Slides of the site plan and subject property were shown. Staff recommended approval of the request with the following conditions: 1.The expansion will not require perimeter landscaping along the northern property line. 2. 9\]`_X!EfTRd!=cZgV!R_U!eYV!XcRgV\]!aRc\\Z_X!\]`e)!R!3o!\]R_UdTRaVU!SfWWVc!dYR\]\]!SV!Z_deR\]\]VU!R_U! :$ $ Planning Commission $$$ April 17, 2023 in compliance with Section 28.04.006 Landscaping and screening requirements. 3.Adhere to all applicable Engineering requirements. Eighteen (18) 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. Mrs. Engman read the letters in opposition to the request. One property owner stated that their property is used by patrons of the restaurant as a turn-around causing damage to their driveway and one property owner stated concerns regarding their property value. The applicant was present. John Wilson, 4190 Gladys Street, Beaumont, Texas addressed the Commission. Mr. Wilson stated that he has a good relationship with neighboring business owners. He further stated that the expansion will provide a better flow for the parking lot as it will add an additional twenty (20) parking spaces. He also stated that he is unaware of complaints from neighbors. Mr. Wilson stated that there will be no parking spaces located along the proposed fence line. The applicant approves of the conditions recommended by staff. Brief discussion followed concerning relocation of the driveway. Chairman Nejad suggested adding a condition stating that the applicant must submit parking layout drawings e`!eYV!<Zejod!>_XZ_VVcZ_X!=VaRce^V_e!W`c!Raac`gR\]+! The public hearing on this item was opened and closed without comment. Commissioner Makin moved to approve the request for a Specific Use Permit to expand a parking lot in the GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District, as requested in PZ2023-83, with the following conditions: 1.The expansion will not require perimeter landscaping along the northern property line. 2. 9\]`_X!EfTRd!=cZgV!R_U!eYV!XcRgV\]!aRc\\Z_X!\]`e)!R!3o!\]R_UdTRaVU!SfWWVc!dYR\]\]!SV!Z_deR\]\]VU! and in compliance with Section 28.04.006 Landscaping and screening requirements. 3.Adhere to all applicable Engineering requirements. 4.Submit an acceptable parking layout to Engineering through the proper permitting process. Commissioner Jabbar seconded the motion. The motion to approve the request carried 6:0. 5) PZ2023-86 : Request for a Specific Use Permit to allow a carpentry business in the GC- MD (General Commercial-Multiple Family Dwelling) District Applicant: Javier Ralda Location: 1009 Orange Avenue Mrs. Engman presented the staff report. Javier Ralda requests approval of a Specific Use Permit to allow a carpentry business located at 1009 Orange Avenue. The operations of the business <$ $ Planning Commission $$$ April 17, 2023 entail manufacturing of kitchen cabinets, bathroom vanities, bedroom closets and office cabinets. The facility will be used for carpentry along with storing materials. The hours of operation are Monday through Friday from 9:00 a.m. to 5:00 p.m. with two (2) carpenters onsite. The Board of Adjustment reviewed a request for a special exception to waive off-street parking and loading requirements for the carpentry shop on April 6, 2023. The Board approved the request. This approval allows the carpentry business to move forward with three (3) parking spaces and one ADA parking space as notated on the site plan. 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. 3.Outside storage of construction materials shall not be permitted. 4.Construction plans must meet all requirements by Water Utilities for water and sanitary -treatment and/or dVhVc!dVcgZTVd)!Z_T\]fUZ_X!R_j!cVbfZcV^V_ed!`W!eYV!<Zejod!SRT\\W\]`h)!acV FOG program. Seventeen (17) 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. Javier Ralda, 9201 Oak Arbor Drive, Conroe, Texas addressed the Commission. He stated that two carpenters will be on site at the recently purchased building site and there will be no public showroom. Brief discussion followed concerning the location of the proposed parking spaces. The public hearing on this item was opened and closed without comment. Commissioner Jabbar moved to approve the request for a Specific Use Permit to allow a carpentry business in the GC-MD (General Commercial-Multiple Family Dwelling) District, as requested in PZ2023-86, with the following conditions: 1.Shall be in compliance with Section 28.04.007 Performance Standards. 2.Shall be in compliance with all applicable Building and Fire Codes. 3.Outside storage of construction materials shall not be permitted. 4.Construction plans must meet all requirements by Water Utilities for water and sanitary -treatment and/or dVhVc!dVcgZTVd)!Z_T\]fUZ_X!R_j!cVbfZcV^V_ed!`W!eYV!<Zejod!SRT\\W\]`h)!acV =$ $ Planning Commission $$$ April 17, 2023 FOG program. Commissioner Linton seconded the motion. The motion to approve the request carried 6:0. 6) PZ2023-130 : Request for a Specific Use Permit to allow a gaming facility in the GC-MD (General Commercial-Multiple Family Dwelling) Applicant: Fayyaz Ahmed Location: 2560 Interstate 10 East Mrs. Engman presented the staff report. Fayyaz Ahmed requests approval for a Specific Use Permit to allow a gaming facility located at 2560 Interstate 10 East. Mr. Ahmed intends to install thirty (30) gaming machines with two (2) staffed individuals and operational hours of 10:00 a.m. to 10:00 p.m., Monday through Sunday. Security will be provided through and alarm system and cameras. It should be noted that gaming facilities that have five or fewer machines tend to be considered accessory in nature, when 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 city-owned property to the north, hotels to the west, a church and city-owned park to the east, and two (2) high density apartments located off Sweet Gum Lane. In regards to consideration of safety, 911 reports indicate from January 1, 2020 to March 28, 2023, there have been two-hundred nineteen (219) calls made in relation to the suites within the Town Center Shops Plaza. Slides of the site plan and subject property were shown. The 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. Mrs. Engman read the letters in opposition to the request. One property owner stated that the gaming facility will draw a clientele that will exhibit nuisance behavior and lead to an increase of crime in the area at the detriment of the 158 apartment units they own adjacent to the proposed location. One property owner stated that there are ongoing issues with security at this location and the gaming facility will possibly make this issue worse. th A representative of the applicant was present. Paulin Rabri, 2555 95 Street, Port Arthur, Texas addressed the Commission. Mr. Rabri stated that the applicant, Mr. Ahmed, owns two game rooms, one in Beaumont and one in Port Arthur. He further stated that winnings valued less than $5 will be given as gift items such as t-shirts, perfume, hoodies, etc. >$ $ Planning Commission $$$ April 17, 2023 Brief discussion followed concerning whether a study was conducted relating to the prosperity of a game room at the proposed location and the size of the gaming locations currently owned by Mr. Ahmed. The public hearing on this item was opened. Genevieve Hernandez, Property Manager of Terrazo and Mosaic Apartments, located at 2565 Sweetgum Lane and 2570 Sweetgum Lane, respectively, addressed the Commission. Ms. Hernandez stated that she is opposed to the request because of the clientele it will attract. Christian Garcia, 2660 I-10 East, Beaumont, Texas, addressed the Commission. Mr. Garcia stated that he manages security at a hotel near the proposed gaming facility site. He further stated concerns regarding the clientele the gaming facility will attract and safety of the hotel employees. The public hearing on this item was closed. The representative of the applicant declined the opportunity to speak in rebuttal. Commissioner Jabbar moved to deny the request for a Specific Use Permit to allow a gaming facility in the GC-MD (General Commercial-Multiple Family Dwelling) District, as requested in PZ2023-130. Commissioner Jabbia seconded the motion. The motion to deny the request carried 6:0. 7) PZ2023-134 : Request for a Specific Use Permit to allow a gaming facility in the GC-MD (General Commercial Multiple Family Dwelling) District l Applicant: Khaja Hussain and Bichly Pham Location: 3010 Washington Boulevard Mrs. Engman presented the staff report. Khaja Hussain and Bichly Pham request approval for a Specific Use Permit to allow a gaming facility located at 3010 Washington Boulevard, Suite B. They intend to install fifty (50) gaming machines with one office manager present and operational hours of 8:00 a.m. to 10:00 p.m., Monday through Sunday. The office manager will also be the security guard and will have customers sign in before they play on the gaming machines. 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 with two (2) existing churches and abuts residential single family zoned properties. Additionally, the shared parking lot has thirty-six (36) existing spaces for the shopping plaza and the proposed gaming facility would require thirty-three (33) of those 54$ $ Planning Commission $$$ April 17, 2023 spaces. Therefore, 92% of the parking lot may be occupied by customers for the gaming facility, which may lead to conflict amongst tenants, per Engineering. Slides of the site plan and subject property were shown. Staff recommended denial of the request. Twenty-three (23) notices were mailed to property owners within two hundred (200) feet of the subject property. Zero (0) responses were received in favor and one (1) was received in opposition. Mrs. Engman read the letters in opposition. The property owner in opposition stated that due to the nature of the business, quality of life in the neighborhood would be affected greatly and have a negative impact. The property owner also stated that the proposed site is located at his backyard and he is accustomed to and appreciates the peaceful atmosphere of the area. Brief discussion followed concerning the number of game rooms currently located in the area of the proposed site. The applicant was present. Khaja Hussian, 1280 Saxe Street, No. 147, Beaumont, Texas addressed the Commission. Mr. Hussian stated that he was previously employed at a gaming facility in Beaumont and is currently employed at a gaming facility in Port Arthur. He further stated that individuals will receive gifts as prizes. He also stated that security cameras will be in place, along with a security guard. Mr. Hussian stated that he is aware that other gaming facilities exist in the proposed area. Brief discussion followed regarding clientele, residential homes near the proposed site, and leasing of the building in which the gaming facility will be located. The public hearing on this item was opened and closed without comment. Commissioner Jabbar moved to deny the request for a Specific Use Permit to allow a gaming facility in the GC-MD (General Commercial-Multiple Family Dwelling) District, as requested in PZ2023-134. Commissioner Makin seconded the motion. The motion to deny the request carried 6:0. OTHER BUSINESS None. THERE BEING NO OTHER BUSINESS, THE MEETING ADJOURNED AT 4:20 P.M. 55$ $