HomeMy WebLinkAboutAugust 2023 PC Packet* *
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PLANNING COMMISSION
REGULAR MEETING
PLANNING COMMISSION
City Council Chambers, CitV Hall, 801 Main St. — 3:00 p.m.
JOINT PUBLIC HEARINGS
PLANNING COMMISSION AND CITY COUNCIL
Citv Council Chambers, City Hall, 801 Main St. - 3:15 p.m.
The meetings will also be broadcast on the City's YouTube channel:
https://www.youtube.com/channel/UCnY6nNk8zfXZuiMglzbwEBg
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APPROVAL OF MINUTES
Approval of the minutes of the Meeting held on July 17., 2023.
REGULAR MEETING
1) PZ2023-326: Request for a Preliminary Plat approval of The Gardens Subdivision,
Beaumont, Jefferson County, Texas.
Applicant: ZachRowe ofLeav\nsEngineering & Design, LLC
Location: East of 3920 W. Cardinal Drive
JOINT PUBLIC HEARING
2) Request for a Rezoning from R-S (Residential - Single -Family Dwelling) to GC -
MID (General Commercial —Mub|p)e-FarnUy Dwelling) or a more restrictive district.
Applicant: Nancy Resendez
Location- l845S.Major Drk/e
OTHER BUSINESS
Discuss Texas House Bills passed in the8Oth Legislature regarding platting and subdivision
developments.
Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or
services are requested to contact Ka|tr|na Min1ckat4O9-88O'5777.
M I N U T E S
JOINT PUBLIC HEARINGS
PLANNING COMMISSION
CITY COUNCIL
City Council Chambers
July 17, 2023
A Joint Public Hearing of the Planning Commission and City Council was held on July 17, 2023
and called to order at 3:00 p.m. with the following members present:
Commission Members present:
Commission Members absent:
Councilmembers present:
Chairman Sina Ncjad
Commissioner Jolty Beatty
Commissioner Flam za Jabbar
C onimiss loner Shawn Javed*arrived at 3:05
Commissioner Darius Linton
Commissioner Lynda Kay Makin
Commissioner Tom Noyola
Altemate Commissioner Rogers Sorrell, Jr.
Commissioner Spencer Jab is
Commissioner Eddie Beni our
Alternate Commissioner Erika Harris
Mayor Roy West
Mayor Pro-Tem Chris Durio
Councilmember Randy Feldshau
Councilmen-iber Mike Getz
Councilmember Taylor NGild
Councilmember Audwin Samuel
Also present: Kenneth R. Williams, City Manager
Chris Boone, Assistant City Manager, Community Services
Sharae Reed, City Attorney
Adina. Josey, Senior Planner
Susan Smith, Recording Secretary
APPROVAL OF MINUTES
Commissioner Makin moved to approve the minutes of the Joint Public Hearings held on June 26,
2023. Comm-iissioner Jabbar seconded the motion. The motion to approve the minutes carried 6-0.
Commissioner Javed not yet present.
Planning Commissioll
July 17, 2023
REGULAR ME, ETING
1) PZ2023-261: Request for abandonment of Doctor's Drive and a portion of 15"' Street
Applicant: Zack Rowe for Southeast Texas Classic Real Estate, Tile.
Location: Remaining portion of Doctor's Drive and 15"' Street adjacent to lots 10 &
I I of the Physician's Place Addition
Mrs. Josey presented the staff report. Zach Rowe of Lead Engineering, L.L.C., is requesting to
abandon Doctor's Drive and a portion of 15"' Street. The TXDOT (I" as Department of
Transportation) expansion of the Interstate I O/Eastex interchange has taken the front portion of the
property at 1000 IH-10 N. Due to the expansion, Classic Acura will demolish their existing
showroom and reconstruct ffirther back on their property. A portion of Doctor's Drive was
abandoned in the past to accommodate overflow parking for this property. "I'l-ic abandonment of
the remaining portion of Doctor's Drive and the north portion of 15"' Street will help acconi n-to date
the newbuilding.
Centerpoint and Water Utilities have stated they have utilities located in these rights -of -way.
Slides of the site plan and subject property were shown.
Platming staff recommended approval of the abandoimients with retention of a general utility
easement.
The applicant was present. Zach Rowe of Leavins Engineering and Design, L.L.C., 3250 Eastex
Freeway, Beaumont, Texas addressed the Commission. Mr. Rowc stated that Classic Acura wishes
to reconstruct a new showroom and reconfigure the car lot.
Commissioner Makin moved to approve the request for abandonment of Doctor's Drive and a
portion of 15'11 Street., as requested in PZ2023-261.
Commissioner Jabbar seconded the motion. The motion to approve the request carried 7:0.
OTHER BUSINESS
Chairman Nejad announced that today is Senior Plaimer Adina Josey's last Planning Commission
meeting as she is retiring. He followed by thanking her for her service.
tIOINT PUBIIC HEARINGS
Mayor West called the Joint Public Hearings of July 17, 2023 to order at 3:15 p.m, and explained
the purpose of the Joint Public Hearing process. Mayor West then turned the meeting over to
Chairman Nej ad to conduct the Joint Public Hearings.
2
Planning Commission
July 17, 2023
2) PZ2021-243: Request for the conveyance and dedieation of private streets and
infrastructure to the City of Beaumont
Applicant: Scott Hollenion and the heirs of the A.J. Fasulo Estate (Fig Acres Addition)
Location: 2405-2499 Wcscalder Road
Mrs. Josey presented the staff report. Scott Hollemon and the heirs of the AJ. Fasillo Estate have
requested that the City of Beaumont accept maintenance of the private drive east of Wescalder
Road and north of Baker Road, and its infrastructure. Mrs. Josey explained the City's recently
adopted process for the conversion of private streets and other infrastructure to public ownership
and maintenance. She also presented a summary of the City's conveyance guidelitics.
In 2021 , engineering conducted a survey and analysis of the streets and drainage infrastructure.
They found that the entire pavement is in very poor condition and requires a full rehabilitation.
The ditches had been poorly maintained and not graded properly to drain with driveway culverts
that. were not set properly. The condition of water and sewer lines was unknown.
At the October 2021 Planning and Zoning meeting, after some discussion, the Planning
Commission requested a more thorough investigation of the drainage, water and sewer situation
and mininium improvements needed for acceptance of the neighborhood.
In the following months Engineering did investigate the requested data, and this is what they found:
Immediate needs:
The water system requires replacement either before or immediately after acceptance of the road
rights -of -way. This is to improve the fire protection to the development and to eliminate the
0
multitude of services rumung fron-t an extensive bai-Lk of meters in the Wescalder right-of-way.
The cost estimate at the time of the investigation was $170,000 to install water mains., seryice
CODECCtions, water meters, and fire hydrants. The current, updated cost estimate is $19 , .
Urgent Work:
The City would eventually need to set four (4) manholes on the sanitary sewer system to provide
access to the lines for inspection and cleaning. Estimated cost at the time of the iii-vcstigation, if
performed by City staff, was $7,000. The current, updated cost estimate is $9,400.
Remaining Work:
The remaining work would be addressed during normal prioritization of scheduled workload and
are listed in no specific order:
0 Excavation of roadside ditches and installing driveway culverts to grade. Estir-rated cost as
of February 2022: $245,000.
0 Replacing the existing 4-Inch sewer main with a 6-inch line. Estimated cost at time of the
investigation was $45,7000. The current updated cost estimate is $50,000.
0 Rehabilitation of asphalt roads. Estimated cost as of February 2022: $212,000.
Fire Department — Fire Marshal Condina reviewed the site and the Fire Department has concerns
about the width and load limits of the current private street. City streets must have a 75,000 pound
3
Planning Commission
July 17, 2023
load finut rating and be wide enough for a fire apparatus. A majority of these streets are narrow
being approximately 10'- 12' wide.
Solid Waste — Solid Waste provides garbage service to 2425 Wescaldei' - Road. If the City provides
solid waste services, improven'ients to the roads will be required to maintain the weight of the
garbage trucks.
Due to the narrow width of the streets, having no fire hydrants along the streets and load limit
concerns, Public Works recommended denial of the rcqucst until upgrades to the strcets have been
completed. In addition., as there is no valid plat of the streets, it is required that an official plat of
the streets be filed. Mr. Holleman has been pre"paring a Preliminary Plat of the streets and is rcady
to submit.
Slides of the plat and subject property were shown.
Planning staff recommended denial of the request.
Mrs. Josey stated that today's representation is a review for the Commission to understand the
request. She ftirther explained that, at some point in the future, the preliminary plat will be
presented to the Cone-nission for consideration in which they may need to determine if
improvements will be required. Mrs. Josey also stated that at such time that the preliminary plat is
presented for consideration that the Ccar u-nission can either not accept the proposal, require the
applicants to bring the infrastructure up to a certain standard prior to acceptance, or suggest that
the property owners finance the required improvcmcilts or a mechanism whereby the City may
perforn-i some of the work with the property owners financing the work.
The applicant was present. Scott I lollemon, 2499 Wescalder Road, Beaumont Texas addressed the
Conuiiission. Mr. Hollemon explained the location of the properties included in the request. He
further stated that the previous property owner subdivided the property and presented proposed
plats to the City, which were denied. He also stated that the current property owners were unaware
that they were purchasing property and paying taxes in a subdivision that is not approved by the
City. Mr. Hollemon stated that the majority of the CUrrent property owners are unable to finance
the required in-iprovements. Mr. Hollemon stated there is no Homemvner's Association for the
subdivision.
Discussion followed by Councilmeniber Getz core emir the acceptance of Amelia Subdivision
by the City, which is very similar to the current Wescalder Road situation.
The public hearing on this item was opened.
Kevin Adkins, 2411 Wescalder Road, Beaun-iont 5 r 1'exas addressed the Commission. Mr. Adkins
stated that his home was constructed approximately six years ago and, while obtaining permits,
was not informed by the City that the subdivision is unapproved.
James Favre, 2437 Wescalder Road, Beaumont, Texas addressed the Commission. Mr. Da re
stated that, while constructing his hon-ire twenty-one years ago, he also was not inforn-led by the
City that the subdivision is private and unapproved. He also stated that the fair thing to do is for
a]
Planning Commission
Jul), 17, 2023
the City to take over the neighborhood.
Rose Mary Fasulo Fryer, 2425 Wescalder Road, Beauniont, Texas address the Commission. Mrs.
Fryer provided a brief history of the property on owned by her family. She further stated that
she is financially unable to contribute to the cost of the required improvements, Mrs. Fryer also
expressed concern relating to the difficulty of en-iergency vehielcs having access to the property,,
the lack of fire hydrants in the area, and flooding issues.
The public hearing on this item was closed.
3) PZ2023-233: Request for a Rezoning from RS (Residential Single Family Dwelling) to
GC -MD (General Commercial -Multiple Family Dwelling) or a more
restrictive district
Applicant: Nancy Resendez
Location-, 1845 S. Major Drive
Chairinan NeJad aimounced that this item is being tabled until the August 2023 meeting.
4) PZ2023-262-. Request for a Specific Use Permit to allow a inother-in- law's apartment in
an RS (Resid jitial Single Family Dwelling) District
Applicant: Andrew Baurner
Location-, 4630 Ashdown Street
Mrs. Josey presented the staffreport. Andrew Baumer is requesting a Specific Use Permit to allow
a mother-in-law's apaitn-lent at 4630 Ashdown Street. 'I"his 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 serve a dual purposc as the pool house for the property.
Nicola & Ivan I loltzman, owners of the property, would like to move Nicola's elderly parents into
the apartment. The spare bedroom in the house is upstairs and her mother caimot clip-ib stairs. The
pool house will be a one-story structure.
Slides of the site plan and subject property were shown.
Staff recommended approval of this request with the following conditions:
1. No separate utility meters will be allowed for the apartin-ent.
2. The apal tment. shall not be used as rental property.
3. No porn-ianent structure or appurtenances shall be placed within the easement property.
Twcnty-eight (28) notices were mailed to property owners within two hundred. (20 feet of the
subject property. Zero responses were received in favor or in opposition.
A representative of the applicant was present. Ivan Holtzman, 4630 Ashdown Street, Beaumont,
Texas addressed the Commission. Mr. Holtzman stated that his in-laws are elderly and lie would
like them to reside on the property in order to offer assistance when needed. He ftir-ther stated that
no additional driveway will be constructed on the property to accommodate the apartment. The
representative of the applicant approves of the conditions rccom.mcnded by staff.
5
Plaiming Commission
July 17, 2023
The public hearing on this item was opened.
The applicant was present. Andrew B aumer, 3 3 5 Sumnierwo o d Street, Beat moat1'exas addressed
the Commission. Mr. Baunier thanked City staff for their assistance during the application process.
"I'hc public hearing on this item was closed.
Commissioner Jabbar moved to approve the request for a Specific Use Permit to allow a mother-
in-law"s apartment in an RS (Residential Single Family Dwelling) District, 'Cis requested in
PZ2023-262, with the following conditions:
1. No separate utility meters will. be allowed for the apartment.
2. The apartment shall not be used as rental property,
3. No permanent strUcture or appurtenances shall be placed within the casement property.
Commissioner Noyola seconded the motion. The motion to approve the request carried 7:0.
THE MEETING ADJOURNED AT 3:52 P.Me
3911
DATE: August 21, 2023
TO: Planning Commission
FROM: Demi En man, Planning Manager
SU BJ ECT: To consider a request for Preliminary Plat approval of The Gardens Subdivision,
Beaumont, Jefferson County, Texas.
FILE: PZ2023-326
STAFF REPORT
Zach Rowe of Leavins Engineering & Design, L.L.C. requests approval to the Preliminary Plat of
The Gardens Subdivision. The 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 between ten (10) and twenty (20) feet
shall be provided along rear and side lot lines when necessaryfor use by public and private
utilities." Address condition #2.
Section 26.03.008(a)(2) states, "streetlights shall be installed at a// intersections and at
additional locations not less than two hundred (200) feet apart. Locc-itions shall be designated
so as to provide an average separation of approximately two hundred fifty (250) feet.
Variations shall occur only where lot widths andlor other conditions necessitate." Address
condition #3.
Sec. 26.03.001(2) states, "Land which the planning commission finds to be Unsuitoble for
subdivision or de velopm en t due to flooding, improper` drain age - .. sh all riot he subdivided o r
developed airless adequate m e th o ds are formulated by the de ve lop er and approved by plan n in g
commission th a t will ,salve th e problems created by the unsuitable lard con ditions. " Ad d r e s s
condition #4.
Staff recommends approval with the following conditions:
1. Fire hydrants must be spaced a maximum of 500' a part (2021 International Fire Code).
2. Water mains located between two (2) lots must be used 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.
3. Shall provide streetlight locations and streetlight symbol to the legend of the final plat.
4. Provide Secondary Drainage System for overland flow upto ronall drainage
plans and construction plans shall include 10-yrand lOO-yrHGLs.
This item was sent to all interested parties.
Exhibits are attached.
GENERAL INFORMATION/PUBLIC UTILITIES
PROPERTY OWNER:
LOCATION:
EXISTING ZONING -
PROPERTY SIZE:
USES:
EXISTING LAND
FLOOD HAZARD ZONE:
URROUNDING LAND USES:
ZachRowe ofLeavnsEngineering &Oesign,
L.L.C.
Antioch Missionary Baptist Church
East of39Z0VV.Cardinal Drive
RM'H (Residential Multiple Family —Highest
Density)
8.2Gl4acres) more orless
Vacant
"X" Areas determined tobeoutside SQO'year
Moodp|ain
NORTH: Commercial R.NA-H/Fesidential Multiple Family —Highest
Density)
EAST: Residential R-S (Residential Single Family Dwelling)
SOUTH: Residential G[-K4D(General Commercial — Multiple Family
Dwelling)
WEST: Residential
COMPREHENSIVE PLAN:
WATER & SANITARY
SEWER SERVICE-:
Conservation and Revitalization
Warren Street —Looa|Streetvvith a6O'
right'of-vvayand a2O'pavement width.
Eden —ProposcdResidenda|Streetvv\tha
50^right-of-vveyande26'pavernentwidih.
Curb & gutter
Extension ofCity
Water and
Sanitary Sewer
BE UMONT
Planning & Community Deyelqpment
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"Operty Infotmatlan
SUBDIVISION APPLICATION
&V&�t I Im (Wir." on Ift a 10 a PW
X( Preliminary Plat 'J Amended Plat'
t , Final Plat* I Replat*
U Minor Plat' U Vacate Plat
SU600am soxw M&eu I tsud#n
The Gardens 3920 W. Cardinal Dvo (PID # 412983)
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Applicant Informatian
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Zach Rowe Loavins EnglneednU & DesIgn, LLC
Mew AA01m: Mr. Paul Ur-
3250 E as'tex Freeway Beaumont TX 77703
mwwm., E"4&
409-245-5100 zrowi3@1eadilo-com
Owner Information
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Jolin R. Adolph Exalting the Savior Ministries, LLG
miaAnAmran'. cer. Ults; r* 1
7665 Marion Dr. Beaumont TX 77707
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409-893-1159 diadolph 581 ftmall.com
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Checklist of 'Items required an PLAT to be flied*:
1. Title or name of plat, meridian north point, scale of map and vftlnfty map.
2. Definite legal descr�Ltloq and Wentlftaflil)n of the tract being subdivided,
3. Ail block, fat and street boundary lines referenced to Texas State Plane CoordInatystern.
4. Building Lines and easements.
5. Actual width of all streets, measured at right angles or radially, where curved, shown an map.,
6. All necessary dimensions accurately displa'ye�
7. Names of a I I streets a n d a d1o'll i ng subdivisions shown on map
- _ , . -
B. Flo-od zones and houndaries, if.aQeficahle, shown on map- Elevations for full Subdivisions,
9. Addresses clearly displayed
10. Certificate of ownership 51gned, stamped and notarized
II Certificates of a op rova I from City and County shown on Mae
12._AI1 legal restu_ctlansand -regulationLpl caqlLn plat slow clearly on m a p
Checklist of items required on Preliminary Plat map:
1. Title or name of plat, mq rid [a n north _vIcinity map a n d name a n d signature of owner.
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2. Written evidence of ownership.
3. Srale of mapLh9tn (in reap, mad to he drawn on a scale of one hundred (100) feet to In
Wool
4} Locatlon of existing blacks, lots, �alleys, easernents, building lines, natural features and buildings.
S. Existing and proposed streets with street namet.
6 - Plan of subd(v1slon w1th bl"0Ck_s,1_ots, -alleys, - ease - ments, b_uI1d1n_g hnEs_, _! irks, dimensions and addresses...
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7. Lacation of existln&,end _grqLgse4_sawers, water gas mains, as well as storm and draInage easements.
8. Topngraphy- If the surface Is marked�y uneven.-_
Boundaries and elevatlans of all areas located In the flood hazard and flood zones for all areas.
1U. Location of all existing p1pellne easements with size, type of product .and pressure,
11. Name of regis te red s urve:oren&lneer responsible forLr.eparin&,Lfi,plat
y/.�esp
12. list of all restrtcl;ve covenants, conditions, and limitations to govern property being subdIvIded.
, Pla t 5 fo dgirt a I s I& ro-d &K um e n 1) 1 o b-e fi I td m ui t ;Faorr, pa n1 !-d by A I Fn g f" s~ [C fty & Cc unlyl, t a X C e WfIca tes, dltita I ri k 9 (CAP, - rA I and 3 A14),
-and 2 copies of th k p1m.
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PLANNING & COMMUNITY
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T 409.B80.3100
Revlsed 3/2020 F 400-880-3133
PO Box 827 1 Beaumont, TX
LeAv/meuwm/wsEn/momDESIGN, LLc
PROFESSIONAL ENGINEERING FIRM # F-22257
City ofBeaumont Planning and Zoning Commission
801 Main Street
Beaumont, Texas 77701
REF- Proposed Preliminary Plat
The Gardens
Warren Street
Dear Sir orMadam:
Please find attached herein apreliminary plat and drainage computations for aproposed residential subdivision,
The Gardens. This proposed single-family development consists of 8.2614-acres.,being aportion ofthat tract ofland
as recorded in Clerk's File No. 2000027592 of the Official Public Records of Real Property, Jefferson County, Texas.
This subdivision proposes to create thirty (30) lots along the proposed Eden Way off Warren Street. Water
distribution service will be provided by extending an eight -inch (8") line throughout the subdivision to provide fire
protection to the proposed residences. Sanitary sewer collection will be extended into the development from an
existing main onthe west side ofWarren Street. Storm water runoff will becollected and conveyed along Eden Way
to a proposed detention pond to be constructed within the proposed park area on the west side ofthe development,
ultimately discharging to an existing fifty -four -inch (54"') storm sewer line along the common boundary line of the
Jehovah ]/rehPhase lsubdivision.
This preliminary plat, previously approved bythe City, has been revised frornacluster housing development to a
standard residential subdivision as well as to modify the configuration of the proposed lot lines.
Thank you for your consideration of this proposed development. If you should have any questions, please do not
hesitate to contact us.
Resoectfu|ky,
Zachary Rowe
Senior Project Manager
Attachments
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PZ2023-326: Request west for a Preliminary Plat approval of The Gardens Subdivision, Beaumont,
Jefferson County,, Texas,
Applicant: Zack Rowe of Leavins Engineering & Design, LL
Location: East of 3920 W, Cardinal Drive
e
100 200
F t I I
DATE: August 21, 2023
TO: Planning Commission and City Council
FROM: Derni Engman, Planning Manager
SUBJECT: To consider a request for a Rezoning from R-S (Residential Single-Rarnik/
Dwelling) to GC -MD (General Commercial —Multiple-Family O\me||inp) or more
restrictive district.
FILE: PZ2023'233
REPORTSTAFF
Nancy Resendez is requesting approval for a Rezoning from R-S (Residential Single -Family
Dwelling) to GC -MD (General Commercial —Multiple-Family Dwelling) for the property located
at184SS.Major Dhve. Major Drive is considered an arterial roadway and common planning
practices encourage commercial uses along such roads, However, this site abuts residentially
zoned property on the east, south and west sides of the property.
Staff recommends approval of rezone from R'3 to GC-MD-2 (General Commercial — Multiple
FanmUyOvvel|inQ-2). This district would require a Specific Use Permit for any commercial use,
affording the neighboring properties the benefit of additional notifications. and public hearings
before such use could beestablished onthe property. The owners are selling the property
contingent upon the results of this case.
Exhibits are attached.
PUBLIC NOTIFICATION
Notices, ma i [ed to property owners 38
Responses |nFavor Responses inOpposition
LEGAL DESCRIPTION FOR ORDINANCE PURPOSES
Being Lots 17-19B|ock A, Mayfair Addition, Beaumont, Jefferson County, Texas, containing
GENERAL INFORMATION/ BLIC UTILITIES
PROPERTY OWNER:
LOCATION:
EXISTING ZONING:
PROPERTY SIZE:
EXISTING LAND USES:
FLOOD HAZARD ZONE -
SURROUNDING LAND USES:
NORTH: Commercial
EAST: Residential
SOUTH: Vacant
WEST: Residential
COMPREHENSIVE PLAN:
STREETS:
DRAI NAG E:
WATER:
SANITARY SEWER SERVICE:
Nancy Resendez
1845 S. Major Drive
R-S (Residential Single-Farnily Dwelling) District
2.15 acres, more or less
Vacant
X — Area determined to be outside the 500-year
flood plain.
SURROUNDING ZONING:
GC-MD-2 (General Commercial — Multiple -Family
Dwelling — 2)
R-S (Residential Single -Family Dwelling) District
R-S
R-S
Stable Area
Major Drive —Arterial, State Highway (FM 365),
with 140' wide right -of- way and 67' pavement
width.
Curb & Gutter
6" Water line
8" Sanitary sewer line
PROPERTY OWNERS NOTIFIED WITHIN 0 `
ADAM S HENRY
ALI IAH I L &
BER AN A EDER JAVI EIS MATIAS
CITY OF B EAU M NT
HARDY RBERT & ANTINETTE
J EFEERS N COUNTY D D
NEEE PATRICK E & ERICA L
NERL AND'IEIAL
NUCHIA E'VELYN PAHLI E ESTATE
OWEN J ERRS' WAYN E
SIIH CENTER SOUTHEAST TEXAS
SOVRAN ACQUISITION LIMITED
TISTAN CLBY J
TRUONG PHAT K & LIEN THI LE
TRUONG PHAT I IM
PU LU III BARIT PABL
I" [ AEC T W SR
MOORE RAY M
MAN PARTNERS LP
PASCHAL MARTHA
HALTON LATH RYN
HALTOM J AID N
HALTOM RANDOLPH ALLAN
HALTOM FORREST E JR
HALTM JERRY L
HALTM DAYNE E
HALTOM GUY T
NANCY CLINE IESENDE
MAFTHA PASCHAL
EAV MO NT
Planning & Community Development
Case Type:Planning and Zoning Case Status: REVIEW
Case Sub Type: Rezone Tag Name: Rezone property on Major drive from RS
Case #: PZ2023-233 to GC -MD
Location: 1845 S Major Dr Initiated On: 4/5/2023 4-.54:03PM
Individuals listed on the record.ff
Applicant
Nancy Resendez
10310 Dominion Ranch Drive
Port Arthur, TX 77640
Property Owner
17 property owners, see attached
10310 Dominion Ranch Dr
Port Arthur, TX 77640
Home Phone:
Work Phone:
Cell Phone: 4097196543
E-Mail: Nancyr59@yahoo.com
Home Phone:
Work Phone:
Cell Phone: 4097196543
E-Mail-
Agent
Nancy Resendez Flome Phone:
10310 Dominion Ranch Drive. Work Phone:
Port Arthur, TX 77640 Cell Phone: 4097196543
E-Maii: Nancyr5g@yahoo.coni
Legal Description Lots 17-19, BlockA, Mayfair Addition
Number of Acres
Proposed Use
Notes:
2.15
Case Type: Manning and Zoning Page I of I
Case #: PZ2023-233 Printed On: 6/21/2023
To Whom It My Concern
We have a potential buyer that is very interested in the 'property that is listed at,
Legal Description - MAYFAI R L 19 BLK A TIC I U ND 12.5% 1 NT I N .779 AC = .0974
AXA 000 S. Major Drive.
It is now zoned residential. For her to pUrchase this property we need it to be zoned rornmercial.
She would like to build a hair salon, small bakery, and gift shop,
If you have any questions, please give me a call (409)626-1324.
Thank You
Linda Park,
Realtor 0
PZ202'3-233:' Request for a Rezoning from R-S (Residential - Single -Family Dwelling) to GC -MD
(General Commercial — Multiple -Family Dwelling) or a more restrictive district.
Applicant: Nancy Resendez
Location: 1845 S. Major Drive
RICH WITH O P P 0 ]1gC 3 IDI T Y
MEMO
PLANNING & COMK8U0|ry
DEVELOPMENT
TO: Planning Commission
FROM: Derni Engman., Planning Manager
SUBJECT: Texas House Bills alter subdivision regulations and review process.
DATE: August 21, 2023
The 88 1h Legislature enrolled Texas House Bill 14 and 3699 and it will take effect September 1,
2023. Texas House Bill 14 introduces the potential for a developer to have their development
reviewed orinspected hmaqualified third'partv. Texas House Bill 369gamends Chapter 2I2of
the Texas Local Government Code) which concerns municipal regulation rather than county
regulation for subdivision and plat approvals.
Texas House Bill 14newly adds Chapter 247 tothe Texas Local Government Code allowing third
party review or inspection of development documents, including plans, plats,,permits., and
related applications, as well as improvements. If a regulatory authority does not approve,
conditionally approve or disapprove a development document or inspection by the 15th day
after the date prescribed by section 212.009 of the Local Government Code for approval,
conditional approval, or disapproval of the document or inspection, a third -party review or
inspection may occur 15 days days thereafter.
Texas House Bill 3699 grants the city the authority to adopt reasonable specifications relating to
the construction of streets and the drainage for such streets within a subdivision; provided,
however, these specifications are adopted by ordinance and published in a newspaper of
general circulation. This bill mandates that municipalities adopt and make available tothe
public complete, written list ofall information required with application of plat made
available tothe public. This bill grants the owner ofatract the right tobring anaction to
compel a municipality to approve the owners plat by issuing applicable approval
documentation and requires such owner to recover attorney"s fees and court costs if they
prevail. This bill prohibits a municipality from requiring the dedication of land within a
subdivision for a future street or alley that is not of intended use by the owner of the tract and
isnotinc|uded,funded,andapproved|nthecapita|imnprovernentplamores|rnUarp|an
adopted bythe county orState ofTexas. Lastly, this bill allows agoverning body ofa
officers or employees of the municipality to approve, conditionally approve or disapprove a
The House Bills necessitates amendments to the subdivision regulations. Staff isworking onthe
following items:
1. Adoption of the official street construction standards and drainage specifications,
2. Address new changes to street dedication.
3. Amend the subdivision regulations to conform to new laws enacted by Texas State
House Bill l4and 3699.
Planning Commission and Council will be presented with ordinance amendments to conform
8/10/23,4:38 PM
Tex as-2023-1-113 I 4-Enrolled
H.B. No. 14
AN ACT
relating to third -party review of plats and property development
plans, permits, and similar documents, and the inspection of an
improvement related to such a document.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle C, Title 7, Local Government Code, is
amended by adding Chapter 247 to read as follows:
CHAPTER 247. '111TRD-PARTY REVIEW OF DEVELOPMENT DOCUMENTS AND
INSPECTION OF IMPROVEMENTS
Sec. 247.001. DEFINITIONS. In this chapter:
11) "Development document" means a document,_
including an application for a plat, . or development P-erm:t.t,
related to the development of or irwrovement to land that is
rec uired_by law, ordinance,, rule, or other measure to bea,pp_rove
a regulatory authors t in order for a P-
erson to initiate, Lge in,
or complete the development or improvement.
"Development inspection" means the inspection of
an 1reprovement to land required by a-regulatpry authority as part_of
improve an iM12 0
]ect to develop the land or construct or ii r verve
to the land.
"Development permit" means a permit required hy a
regulatory authority to develop land or construct or Lmprove an
improvement to land.
U) "'Plan" has the meaqing icined by Section
-
212.001.
-(5) "Plat" has the meani -:nq assigned by Section 212.001
except that the term includes a develo ment platy under Subc.ate tee'
L1, Chap -ter 212.
-(�L) "Regulatory authorltv" means the coverninc d y of
a cal subdivision, or a de artment, board, commission, or
_P01iti I P-
other entity of the,political subdivision, responsible for
processing or approving a development document or conductinct a
development inspection.
Sec. 247.002. THIRD -PARTY REVIEW OR INSPECTION RE UIRED,
Ja) If a regulatory authority does not �p - _s _move, conditionally
improve, or disa prove a development document by the 15th day after
the date rescribed h-v approval 12 -a—provision of this code for the Lpp
conditional approval, or disc ppLo-Droval of the document, i reguired
review of the document may e Lb performed by _LP-erson:
other than:
JA) the applicant; or
_QL a person who work is the ect of the
application
who is:
_(L . ) employed by the regulatory authority to
review development documents;
employed by. another political subdivision to
review development documents, if the regulatory authority has
Approved the Person to review development documents; or
JL) an engineer licensed under Chapter 1001,,
Occupations Code.
If a regulatory authoritV does not conduct a KQquired
development insp -ion by the 15th day after the date prescribed
a provision of this code for conductincl the inspection e
inspection may be conducted by a person:
J.L) other than
_(A) Lhe owner of the land or L'MpLqy�ement to the
land that is the subs ect of the inspection; or
h up 011 eci iscan.com/TX/text/H B 1 4/i d128170 5OFFexas-2023- H B 14 - E n ro I led. html 1/3
8110/23, 4-38 PM
Texas-2023-H!314-Enrolled
person whose work is the subs ect of the
inspection; and
12) who is
_(A) certified to inspect buildin �qs hV the
International Code Council-
L_
_(A)��m2loy d b th re ulatory authority as a
building inspector;
_Q_pi ed b another 2olitical subdivision as
a building inspector,.if the rec ulatory authority has ao-oroved the
Qerson to Uerform inspections; or
JR) an en ineer licensed under Chapter 1001,
Occupations Code.
Sec. 24V.003. ADDITIONAL FEE PROHIBITED. A re ulatoLy
authority mmau not i'-pose a fee related to o the review f a
t
development document or the inspection of an improvertient conducted
under Section 247.002'.
Sec. 247.004. THIRD -PARTY RE UIRE) A person who
QLILL- MENTS, a
reviews a develo-pment document or conducts a development iris action
under Section 247.002 shall:
_(.1) review the document, conduct the inspection_,- and
take all other related actions in accordance with all applicable
provisions of law; and
J.Z) not later than the 15th day after the date the
person completes the review or ins pDction,provide notice to the
regulatory authority of the results of the review or inspectiol-1.
A regulatory authority � -prescribe a reasonable
format for the notice required under Sub section a).
Sec. 247.005. WAIVER PROHIBITED. A reg.ulatory authority
may not request or require 1 11
_q.uire an apiDl'cant to wa-ive a deadline or other
-procedure under this chapter.
Sec. 247.006. -APPEAL. j person rnay�aj -peal to the
governing body of a political subdivision.
-
11) a decision to conditional. approve or disapULove
a development document made by the regulatory authority for the
political subdivision or a person authorized by Sect -ion 247.002 a)_
toper form the review of the document; or
J.Z) a decision Legardingadevelop_meat inspection
conducted by the regulatory authority oi- a person authorizgd_by
Section 247.0021b l ) to perform the inspection.
jjo A person must file an appeal under ' this section not
later than the 15th daV after the date the decision beinQ aoiDealed
is made.
J.q) If the _9overLi,.ng body hearing the appeal does not affirm
the decision being ap�Ied} _gority n o6vote or before the nth
,�m a'
day after the date the a. peal is filed:
JI) the development document that is the subj_ect of
the a peal is considered approved;
12) the development ins action that is the sub ect of
the appeal is waived.
SECTION 2. Chapter 247, Local Government Code, as added by
this Act,, applies only to a development document or a request for a
development inspection, as those terms are defined by Section
247.001 of that code, that is submitted to the appropriate
regulatory authority on or after the effective date of this Act.
SECTION 3. This Act takes effect September 1, 2023.
President of the Senate
Speaker of the House
I certify that H.B. No. 1-4 was passed by the House on April
13, 2023, by the following vote: Yeas 145, Nays 1, 1 present, not
voting.
hUps J/I eg lean. om/T C1t t1HB I 4/i d1281705 O[Texas-2023-H B 14 -Enrolled. html 2/3
8/10/23, 4:38 PM
Texas-2023-H B 14 -En ro I led
Chief Clerk of the House
11 certify that H.B. No. 14 was passed by the Senate on May 23,,
2023, by the following vote: Yeas 25, Nays 6.
APPROVEJD:
Date
Governor
Secretary of the Senate
htt ps://Ieg isca n. co m rTXltext/H B I 4/i d/281 7050/Texas-2023-H B 1 4-E nrolled. htm 1 313
H.B. No. 3699
1 AN ACT
2 relating to municipal regulation of subdivisions and approval. o
3 subdivision plans or plats.
E IT ENACTED THE LEGISLATURE OF THE STATE OF TEXAS:
5 SECTION 1. sections 212. oo� 2) and 3 Local. Government
Code, are amended to -read as follows:
" (2) i NMeans a
i. ,
i .
10 C� "Platinc lud s a px e l iminar plat ,
(-q4%e-=Lx%e-3r-- %;-z&1-JL--
final plat, and replt.
12 SECTION 2. Subchapter A, Chapter 212, Local Government
13 code, is amended by adding section 212.0015 to react asfollows:
-1-4 Sec. 212.0015. CONSTRUCTION OF SUBCHAPTER. This subchapter
15 may not be construed to est ict a municipality -Y establishing a
16 submittal calendar to be used by are applicant to facilitate
17 compliance with the approval process described by sections 212. oo ,
18 212.001, 212.03, and. 21.2.00.
-$ !i -% r 1 7 0 '-alI -I 1
H.B. No. 3699
1 each street or road in a subdivision, iceasonable specifications
2 relating to the construction of each street or -road; and
3 (2) adopt reasonable specif icat ions to P r 0 V -1 lee
4 adequate drainage for each street or road in a subdivision in
5 accoydance with standard enLjineerinS1 practices.
6 SECTION 4. Section 212.004, Local Government Code, is
7 amended by amending Subsections (a) and (b) and adding Subsections
8 (f and (g) to read as follows:
9 (a) The owner of a tract of land located within the limits or
10 in the extraterritoriai jurisdiction of a municipality who divides
11 the tract in two or more parts to lay out a subdivision of the tract
12 including an addition to a munici-palit y, to lay out suburban,
13 building, or other lots, or to lay out streets, alleys, squaies,
14 parks, or other parts of the tract intended by the owner of the
15 tract to be dedicated to public use [ e- -fL--
1"14pent te
17
-k. .2 3�- 1-1 must have a plat of the subdivision
18 pyepayed. A division of a tract under this subsection includes a
19 division regardless of whether it is made by using a metes and
20 bounds description in a deed of conveyance or in a contract for a
21 deed, by using a contract of sale or other executory contract to
V.B. No. 3699
1 (2) locate the subdivision with respect to a corner of
2 the survey or tract or an original corner of the original survey of
3 which it is a part; and
4 (3) state the dimensions of the subdivision and of
5 each street, alley,
square, park,
or other part
of the tract
6 intended by the owner
of the tract to
be dedicated to
public use
-Ai=�t s - 1-1 1-1 N-I -L-NI-
8 -L-
9 f A plat is considered filed on the date the applicant
10 submits the plat, along with a completed plat application and the
11 application fees and other requirements prescribed by or under this
12 subchapter, to:
13 (1) the governing body of the municipality; or
14 (2) the municipal authority responsible for appLovin2
15 plats.
16
17
g)
authority
The gove_Ynin2 body of a municipality or the municipal
1
responsible for app-rovi-ng plats may not -require an
18
analysis,
study, document,
1
ag-reement, or similar requa-rement to be
19
included
in or as part of
an application for a Elat, development
20
permit, or subdivisi-on of
land that is not explicitly allowed by
2 1 state law.
H.B. No. 3699
I
2 (b) This subchapter may not be construed to one an
3 authority to a municipality rega-rding the completeness of an
4 -aj2 lication or the approval of a- plat or -reptat that is not
5 explicitly granted by this subchapter.
6 SECTION 6. Sections 212.0065(a) and (c), Local Government
7 Code, are amended to read as follows:
8 (a) The governing body of a municipality or the municipal
9 planning coy ma-ssion may delegate to one or more officers or
10 employees of the municipality or of a utility owned or operated by
11 the municipall-ty the ability to approve, approve with conditions,
12 or disapprove a plat [-:-
13 ( I e al iY-
L.L %"
1.4
x ai aq n !Z g e e t 1 Fe e
1'
20
21 body
1
(c) An applicant has
of the municipality or
the
the
right to appeal
municipal planning
to
the goveyninq
commission if
016N OM6% 1 1
1 k 1 r , -k 1
-1 1
r
1 -1 -1 1
H.B. No. 3699
I Code, is amended by adding Section 212.008.1 to read as follows:
2 Sec. 212.0081. REQUIRED APPLICATION MATERIALS. (a) Each
3 municipality to which this subchapter applies shall adopt and make
4 available to the public a complete, written list of all
5 documentation and other infoymation that the municipality requzxe s
6 to be submitted with a. plat application. The required documentation
7 and other information must he related to a requirement authorized
8 under this subchapter.
9 (b) An application submitted to the municipal autho
10 responsible for approving plats that contains all doctiments and
I I other information on the list provided under Subsection (a) is
12 considexed comDlete.
13 -(c) A municipality that opeyates an Internet website shall
14 publish and continuously maintain the list described by Subsection
15 (a) on the Internet -website not later than the 30th-day after the
16 -date the municipality adopts or amends the list.
17 d A municipality that does not operate an Internet website
18 shall publish the list described by Subsection (a) on adoption of
19 the list or an amendment to the list in:
we,
(1) a newspaper of general circulation in the
21 municipality; and
H. B. No. 3699
1 plat within 30 days after the date the plat is filed. A
2 I plat is app-roved by the municipal authoxity unless it is
3 disapproved within that period and in accordance with Section
4 212.0091.
5 (b) If an ordinance requires that a plat be
6 approved by the governing body of the municipality in addition to
7 the planning commission, the governing body shall approve, approve
n 1 ;4 ZZI 8 with conditions, or disapprove the ] plat within 30 days
9 after the date the [j plat is approved by the planning
10 commission or is approved by the inaction of the commission. A
Z-:� I -;:� n gi r- � I
I I ±j J- k--- -L -L 1-1 -J-- plat is approved by the governing body unless it is
12 disapproved within that period and in accoydark e with Section
13 212.0091.
14 (b-2) Notwithstanding Subsection (a) or (b), the parties
15 shall extend the 30-day period described by those subsections
16 for one or more periods, each [a pe not to exceed 30 days if:
17 (1) both:
18 (A) the applicant requests the extension in
19 iting to the municipal authority responsible for approving plats
20 or the governing body of the municipality, as applicable; and
21 (B)- the municipal authority or governing
H.B. No. 3699
1 certificate indicating the approval. The certificate must be sj-qned
2 by:
3 (1) the authority's presiding officer and attested by
4 the authority's secretary; or
5 (2) a majority of the members of the authority.
6 (d) if the municipal authority responsible for approving
V plats fails to approve, approve with conditions, or disapprove a
z:1 I :;;I n cl:r � ]period
8 1-U I- %---- A. A. %-11 -J- plat within the prescribed , the authority on the
9 applicant's request shall issue a certificate stating the date the
1Z::4 � ;;� n " ]
0 plat was filed and that the authority failed to act on the
11 plat within the period. The certificate is effective in
.t,
12 place of the endorsement required by Subsection (c)
13 SECTION 9. Section 212.0091(a), Local Government Code, is
14 amended to read as follows:
15 (a) A municipal authority or governing body that
16 conditionally appxoves or disapproves a [.z2.1-1.-.;9.4R lelr-] plat under this
17 subchapter shall provide the applicant a written statement of the
18 conditions for the conditional approval or reasons for disapproval
19 that clearly art-Iculates each specific condition for the
20 conditional approval or reason for disapp-roval.
21 SECTION 10. Sections 212.0093, 212.0095, and 212. 0096,
1% --% -1 � 1 0-4 --L -1 -1 0 -1 r- -1 -1
H.B. No. 3699
1 a written. response that satisfies each condition for the
2 conditional approval or -remedies each reason for disapproval
3 provided. The municipal authority or gove-rning body may not
4 establish a deadline for an applicant to submit the response.
5 Sec. 212.0095. APPROVAL PROCEDURE: APPROVAL OR DISAPPROVAL
6 OF RESPONSE. (a) A municipal authority or governing body that
7 receives a response under Section 212.0093 shall determine whether
8 to approve or disapprove the applicant's previously conditionally
9 approved or disapproved k:11 i1q, U -L-- a I plat not later than the 15th day
10 after the date the response was submitted.
11 (b) A municipal authoyity or governing body that
12 conditionally approves or disapproves a[moo Y-- I -J-- plat following
13 the submission of a response under Section 212.0093:
14 (1) must comply with Section 212.0091; and
4::I� :an PY-]
15 (2) may disapprove the -/-L. plat only f or a
16 specific condition or -reason provided to the applicant under
17 Section 212.0091.
18 (c) A municipal authority or governing body that receives a
19 response under Section 212.0093 shall approve a previously
20 conditionally approved or di-sapproved plat if the
21 response adequately addresses each condition of the conditional
H.B. No. 3699
1 Yeceived the Yesponse does not disappyove the 44�g
J�,? -J— ---DTI I plat on oy
2 before the date required by Subsection (a) and in accordance with
3 Section 212.0091.
4 Sec. 212.0096. APPROVAL PROCEDURE: ALTERNATIVE APPROVAL
5 PROCESS. (a) Notwithstanding Sections 212.009, 212.0091,
6 212.0093, and 212.0095, an applicant may elect at any time to seek
7 approval for a [ l plat under an alter native approval process
8 adopted by a munic-ipality if the process allows for a shorter
9 approval peziod than the approval process described by Sections
10 212.009, 212.0091, 212.0093, and 212.0095.
11 (b) An applicant that elects to seek approval under the
12 alternative approval process described by Subsection (a) is not:
13 (1) require d to satisfy the requirements of Sections
14 212.009, 212.0091, 212.0093, and 212-0095 before bringing an action
15 challenging a disapproval of a [ plat under this
16 subchapter; and
17 (2) prejudiced in any manner in bringing the action
18 described by Subdivision (1), including satisfying a requirement to
19 exhaust any and all remedies.
20 SECTION 11. Section 212.0099, Local Government Code, is
21 amended to read as follows:
�% % 0-% It e-% r1% e"% J-% eN r - r � t r - e-% r � � - — "2 -1
H.B. No. 3699
I SECTION 12. Section 212.010, Local Gove-ynment Code, is
2 amended by adding subsections (c) , (d) , and (e) to read as follows:
3 (c) The municipal authority -responsible for app-rovinq plats
4 may not require
the
dedication of land within a subdivision for a
5 future street or
alley
that is:
6 (1)
not
intended by the owner of the tract; and
not
included, funded, and appyoved in:
8
(A)
a capital improvement- plan adopted by the
9 municipality; or
10 (B) a similar plan adopted by a county in which
11 the municipality is located ox the state.
12 (d) A municipal author ity responsible for approving plats
13 mad net refuse to review a plat or to approve a plat for -recordation
14 for failure to identify a coryido-r, as defined by Section 201.619,
15 Transportation Code, unless the corridor is part of an agreement.
16 between the Texas Department of Transportation and a county in
17 which the municipality is located under that section.
18 (e) if a municipal authority responsible for ap provina
19 plats fails or refuses to approve a plat that meets the requiyements
20 of this subchapter, the owner of the tract that is the subject of
I
21 the plat may bring an action in a district court in a county in which
H.B. No. 3699
1 court finds the action is frivolous.
2 SECTION 13. As soon as practicable after the effective date
3 of this Act but not later than January 1, 2024, each municipality
4 shall adopt and publish the list described by Section 212.0081,
5 Local Covern ment Code, as added by this Act.
6 SECTION 14. The changes in law made by this Act apply only
7 to an application submitted on of after the effective date of this
8 Act. An application submitted before the effective date of this Act
9 is governed by the law applicable to the application immediately
10 before the effective date of this Act, and that law is continued in
Il effect for that purpose.
12 SECTION 15. This Act takes effect September 1, 2023.
H.B. No. 3699
Pres-Ident of the Senate Speaker of the House
I certify that H.B. No. 3699 was passed by the House on May 9,
2023, by the following vote: Yeas 130, Nays 12, 2 present, not
votinch ; that the House refused to concur in Senate amendments to
fi. B. No . 3699 on May 25, 2023, and requested the appointment of a
conference committee to ccnsider the differences between the two
houses; that the House aaopted the conference committee report on
H.B. No. 3699 on May 28, 2023, by the following vote: Yeas 139,
Nays 3, 1 piesent, not voting; and that the House adopted H.C.R. No.
126 authorizing certain corrections in H.B. No. 3699 on May 28,
2023, by the following vote: Yeas 142, Nays 0, 1 present, not
voting.
Chief Clerk of the House
H.B. No. 3699
I certify that II. B. No. 3699 was passed by the Senate, with
amendments, on May 21, 2023, by the following vote: Yeas 22, Nays
9; at the request of the House, the Senate appointed a conference
committee to consider the differences between the two houses; that
the Senate adopted the conference committee report on H.B. No. 3699
an May 28, 2023, by the following vote: Yeas 20, Nays 11; and that
the Senate adopted H.C.R. No. 126 authorizing certain corrections
in H.B. No. 3699 on May 28, 2023, by the following vote: Yeas 31,
Nays 0.
APPROVED:
Date
Goveynoy
Secretary of the Senate