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HomeMy WebLinkAbout6-26-23 PC Minutes * M I N U T E S * JOINT PUBLIC HEARINGS PLANNING COMMISSION CITY COUNCIL City Council Chambers June 26, 2023 A Joint Public Hearing of the Planning Commission and City Council was held on June 26, 2023 and called to order at 3:01 p.m. with the following members present: Commission Members present: Chairman Sina Nejad Commissioner Johnny Beatty Commissioner Hamza Jabbar Commissioner Spencer Jabbia Commissioner Shawn Javed Commissioner Darius Linton Commissioner Lynda Kay Makin Alternate Commissioner Rogers Sorrell, Jr. Commission Members absent: Commissioner Tom Noyola Commissioner Eddie Senigaur Alternate Commissioner Erika Harris Councilmembers present: Mayor Roy West Mayor Pro-Tem Chris Durio Councilmember Mike Getz Councilmember Taylor Neild Councilmember Audwin Samuel Also present: Adina Josey, Senior Planner Sharae Reed, City Attorney Catherine Allen, Recording Secretary APPROVAL OF MINUTES Commissioner Jabbar moved to approve the minutes of the Joint Public Hearings held on May 15, 2023. Commissioner Linton seconded the motion. The motion to approve the minutes carried 7:0. REGULAR MEETING 1) PZ2023-203 : Request for abandonment of portions of South, Archie and Holmes Streets Applicant: City of Beaumont 1 $ Planning Commission $$$ June 26, 2023 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 30, 31, and 32 of the Van Wormer Addition Mrs. Josey presented the 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. Slides of the subject property were shown. Planning staff recommended approval of the abandonments with retention of a blanket utility easement. Five (5) notices were sent to property owners within two-hundred (200) feet of the subject property. One response was received in favor and zero were received in opposition. Edward Brown with City of Beaumont Water Administration addressed the Commission to provide clarification on the easement. Discussion was had concerning the wording of a blanket easement. Molly Villareal, City Engineer, addressed the Commission to state that it should be worded that a general utility easement would be retained. The public hearing on this item was opened and closed without comment. Commissioner Jabbar moved to approve the request for approval of abandonment of portions of South, Archie and Holmes Streets, as requested in PZ2023-203 with one condition: 1. A general utility easement will be retained. Commissioner Makin seconded the motion. The motion to approve the request carried 7:0. 2) PZ2023-210 : Request for approval of a sidewalk waiver Applicant: Don King of Fittz & Shipman, Inc. th Location: 6 Street at 3120 Washington Boulvard Mrs. Josey presented the 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 th request would allow the sidewalk to be waived along 6 Street. The planning NYWh\]cb!26.03.004*3+!cZ!h\\Y!NiVX\]j\]g\]cb!UbX!N\]hY!?YjY`cdaYbh!MY\[i`Uh\]cbg!ghUhY,!p and zoning commission may grant a waiver to the sidewalk requirement if the applicant can prove 6$ $ Planning Commission $$$ June 26, 2023 there is an engineering reason for not installing a sidewalk .q!O\\Y!Zc``ck\]b\[!Yb\[\]bYYf\]b\[!fYUgcbg! were provided in a letter submitted by the applicant: th 1. The existing ditch along 6 Street occupies the entire right-of-way on the west side of the roadway leaving no room for a sidewalk. 2. A sidewalk extending northward from Washington Avenue does not lead to any other business. th 3. Since there is no curb and gutter along 6 Street, it would be impossible to construct a sidewalk within the right-of-way. +?&!*6:4I@!82AA2?!1<2@! >\]hm!@b\[\]bYYf\]b\[!ghUZZ!\\Ug!fYj\]YkYX!h\\Y!fYeiYgh!Zcf!U!kU\]jYf!UbX!ghUhYg,!p th 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, A52?23<?2!6:@A.886:4!0B8C2?A@!6@!:<A!.:A606=.A21!A<!:24.A6C28F!69=.0A!A52!<C2?.88!1?.6:.42&H! Slides of the subject property were shown. Planning staff recommended denial of the request. The applicant was present. Ben Tristan of Fittz & Shipman, Inc., 1405 Cornerstone Court, Beaumont, Texas addressed the Commission. Mr. Tristan stated that a sidewalk would have to bridge the ditch and would require pipe to be added, adding approximately $20,000 to the project. Howard Guillory, 3120 Washington Blvd, Beaumont, Texas addressed the Commission. He stated that he was the owner of the property and was told to apply for the sidewalk waiver. He stated that if built, the sidewalk would lead to nowhere and that there are no sidewalks on any of the other side streets. He also questioned if he would be required to pay for the curbs and gutters for the sidewalk. Discussion followed concerning needing an engineering reason versus a financial reason for a sidewalk waiver. Molly Villareal, City Engineer, addressed the Commission to confirm that the owner would be responsible for the cost of the curb and gutter. Commissioner Makin moved to deny the request for approval of a sidewalk waiver, as requested in PZ2023-210. Commissioner Jabbar seconded the motion. The motion to approve the request carried 7:0. 3) PZ2023-227 : Request for approval of a Replat of Lot 36 into Lots 36A & 36B, Glen Oaks Addition, Beaumont, Jefferson County, Texas 7$ $ Planning Commission $$$ June 26, 2023 Applicant: Richard Bartz of Whiteley Infrastructure Group Location: 4645 & 4675 Glen Oaks Circle Mrs. Josey presented the 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. Slides of the subject property were shown. The Planning Staff recommended approval of the request. Fifteen (15) notices were mailed to property owners within two hundred (200) feet of the subject property. Zero responses were received in favor or in opposition. The representative of the applicant was present. Thomas Rowe of Whiteley Infrastructure Group, 655 Langham Road, Unit 14, Beaumont, Texas addressed the Commission. Mr. Rowe stated that it was an usually shaped piece of property and that one of the owners is seeking to add this piece behind their property. Commissioner Jabbar moved to approve the request for a Replat of Lot 36 into Lots 36A & 36B, Glen Oaks Addition, Beaumont, Jefferson County, Texas, as requested in PZ2023-227. Commissioner Jabbia seconded the motion. The motion to approve the request carried 7:0. 4)PZ2023-242 : Request hc!QUWUhY!KUhYrg!@ghUhY!<XX\]h\]cb Applicant: Robert W. Pate Location: 6305 RFD Road Mrs. Josey presented the staff report. Robert and Sandra Pate are requesting to jUWUhY!KUhYrg!@ghUhY Addition, 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. Slides of the site plan and subject property were shown. The Planning staff recommended approval of the request. The applicant was not present. Commissioner Makin moved to approve the request requested hc!QUWUhY!KUhYrg!@ghUhY!<XX\]h\]cb,!Ug in PZ2023-242. 8$ $ Planning Commission $$$ June 26, 2023 Commissioner Beatty seconded the motion. The motion to approve the request carried 7:0. JOINT PUBLIC HEARINGS Mayor West called the Joint Public Hearings of June 26, 2023 to order at 3:26 p.m. and explained the purpose of the Joint Public Hearing process. Mayor West then turned the meeting over to Chairman Nejad to conduct the Joint Public Hearings. 5) PZ2023-161 : Request for a Specific Use Permit to allow a drinking place in the GC-MD (General Commercial Multiple Family Dwelling) District o Applicant: Yorguis Batista Location: 3035 College Street, Suite A Mrs. Josey presented the 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, 4:00 p.m. till midnight with at least 4-5 staff including one security person. For Friday and Saturday, hours of operation will be 4:00 p.m. till 2:00 a.m. with 8-10 staff including 2-3 security personnel. Slides of the site plan, subject property and surround area were shown. Planning staff recommended 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. Twelve (12) notices were mailed to property owners within two hundred (200) feet of the subject property. Zero responses were received in favor or in opposition. Brief discussion followed concerning the distance of the subject property to a hospital. th The property owner was present. Yorguis Batista, 1320 9 Avenue, #216, Port Arthur, Texas addressed the Commission with the translation assistance of Dylan Nicholas. Mr. Batista stated that the establishment will provide drinks, hooka and cigar smoking, but not food at this time. He stated that he lives in Port Arthur and he and Mr. Nicholas both work in a bar and are trying to open their own bar. He added that they have not received any objections from their potential neighbors. 9$ $ Planning Commission $$$ June 26, 2023 Further discussion followed concerning security, live music and parking. Mrs. Josey clarified that any smoking in the facility would need to be property applied for and approved by the fire marshal. The public hearing on this item was opened and closed without comment. Commissioner Beatty moved to approve 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 o PZ2023-161, 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. 4. A minimum of one (1) peace officer during the week and two (2) peace officers during the weekend would be required. 5. Smoking in the facility would need to be approved by the Fire Marshal. Commissioner Makin seconded the motion. The motion to approve the request carried 7:0. 6) PZ2023-169 : Request for a Rezoning from RS (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 Mrs. Josey presented the 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. Slides of the site plan and subject property were shown. $ Planning staff recommended approval of the request. :$ $ Planning Commission $$$ June 26, 2023 Nineteen (19) notices were mailed to property owners within two hundred (200) feet of the subject property. Zero responses were received in favor and three (3) were received in opposition. Mrs. Josey read the letter in opposition. The applicant was not present. The public hearing on this item was opened and closed without comment. Commissioner Beatty moved to approve the request for a Rezoning from RS (Residential Single Family Dwelling) to RM-H (Residential Multiple Family Dwelling-Highest Density) or a more restrictive district, as requested in PZ2023-169. Commissioner Jabbia seconded the motion. The motion to approve the request carried 5:2 (Javed, Nejad). 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 Watcson th Location: 39 N. 11 Street, Suite B Mrs. Josey presented the staff report. Courtney Watson requests approval for a Specific Use Permit th to allow a gaming facility located at 39 N. 11 Street, Suite B. Ms. Watson intends to install fourteen (14) gaming machines. Hours of operation will be 10:00 am to 10:00 pm, 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. O\\\]g!dfcdYfhm!\]g!\]b!W`cgY!dfcl\]a\]hm!hc!=DN?rg!U`hYfbUh\]jY!WUadig!Uh!88!EU\[iUf,!UbX!G\]`m!cZ!h\\Y! 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. Slides of the subject property, site plan and surrounding area 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 responses were received in favor and two (2) were received in opposition. <$ $ Planning Commission $$$ June 26, 2023 Mrs. Josey read the letters in opposition. Brief discussion followed concerning the distance to a school and the parking. Brandon Belaire, City of Beaumont Roadway Engineer, addressed the Commission. He stated that this is an old shopping center and that if it was rebuilt, it would need to reconfigure the parking but as it is existing and not presenting any major safety hazards, it can remain as it is. The applicant was present. Courtney Watson, 1840 Harriot, Beaumont, Texas addressed the Commission. Ms. Watson stated that there is also parking in the rear and that no money will be given as prizes. She added that she has not yet leased the property and that she will have two (2) employees and security. Further discussion followed concerning game machines as primary versus accessory uses. The public hearing on this item was opened. th Tiffany Guillory, 39 N 11 St, Ste C, Beaumont, Texas addressed the Commission. She stated that she owns another business in the shopping center. She stated that many of the other businesses do not need parking so the parking would be sufficient. She stated that she is in favor of the request. The public hearing was closed without further 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 PZ2023-191. Commissioner Makin seconded the motion. The motion to deny the request carried 7:0. 8) PZ2023-205 : Request for a Specific Use Permit to allow a duplex in the RS (Residential Single Family Dwelling) District Applicant: Loan Duong for Tien Tran Location: 10720 Sherwwood Drive Mrs. Josey presented the 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 RS (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. Slides of the site plan, subject property and surrounding area were shown. Staff recommended approval of this request with the following condition: 1. The lot shall be graded to drain towards the street and not onto adjacent properties. =$ $ Planning Commission $$$ June 26, 2023 Please note that final occupancy approval is subject to review and acceptance of submitted plans and field inspections to verify compliance with applicable codes. Nineteen (19) notices were mailed to property owners within two hundred (200) feet of the subject property. One response was received in favor and zero were received in opposition. The applicant was present. Tien Tran, 10720 Sherwood Drive, Beaumont, Texas addressed the Commission. Mr. Tran stated that he was a local investor and that this would be a good project for the area. He added that each unit would have garage parking in the front. The public hearing on this item was opened. , Beaumont, Texas, addressed the Commission. He stated that the EYZZ!JrLi\]bb,!10520!N\\YfkccX neighborhood had been there for many years as a single family residence neighborhood and he saw no reason to open it up to commercial property. He was concerned about property values decreasing and spoke in opposition to the request. Donald Fowler, 10680 Sherwood, Beaumont, Texas addressed the Commission. He stated that he has lived there for 32 years and is opposed to the request because it is a quiet neighborhood and he is concerned that this would decrease property values and bring problems associated with rental property. The public hearing on this item was closed. The applicant was given an opportunity to speak in rebuttal. He stated that renters would be subject to a background check and that he did not think this would lower property values. Commissioner Linton asked if both sides of the duplex would be rented and Mr. Tran confirmed this to be the case. Commissioner Jabbar asked if the applicant owned other rental properties and Mr. Tran answered that he did not. Commissioner Beatty moved to approve the request for a Specific Use Permit to allow a duplex in an RS (Residential Single Family Dwelling) District, as requested in PZ2023-205, with the following condition: 1. The lot shall be graded to drain towards the street and not onto adjacent properties. Commissioner Jabbar seconded the motion. The motion to approve the request carried 5:2 (Makin, Nejad). 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 >$ $ Planning Commission $$$ June 26, 2023 Mrs. Josey presented the staff report. Troy Hatch is requesting approval for a Rezoning from GC- MD (General Commercial Multiple-Family Dwelling) to C-M (Commercial Manufacturing) oo for the property at 5190 Forsythe Street. Slides of the site plan, subject property and surrounding area were shown. Planning staff recommended approval of the request. Twenty-nine (29) notices were mailed to property owners within two hundred (200) feet of the subject property. Zero responses were received in favor or in opposition. The applicant was present. Troy Hatch, 5190 Forsythe, Beaumont, Texas addressed the Commission. Mr. Hatch stated that he would like to have a vehicle storage business at the location and that the vehicles would not be visible from the street. Commissioner Beatty asked how many vehicles would be there and Mr. Hatch stated maximum of fifty, probably more like thirty. Further discussion followed concerning the building on the property needing either proper permits or demolition. The public hearing on this item was opened and closed without comment. Commissioner Makin moved to approve the request for a Rezoning from GC-MD (General Commercial-Multiple Family Dwelling) to C-M (Commercial-Manufacturing) or a more restrictive district, as requested in PZ2023-219 with following condition: 1. No stored cars would be parked outside the fenced area. Commissioner Jabbia seconded the motion. The motion to approve the request carried 7:0. OTHER BUSINESS None. THE MEETING ADJOURNED AT 4:17 P.M. 54$ $