HomeMy WebLinkAboutSeptember 2023 PC Packet*AGENDA*
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PLANNING COMMISSION
September 18,,2023
REGULAR MEETING
PLANNING COMMISSION
City Council Chambers, City Hall, 801 Main St. — 3:00 p.m.
JOINT PUBLIC HEARINGS
PLANNING COMMISSION AND CITY COUNCIL
Citv Council Chambers, City Hall, 801 M.a'in St. - 3:15 p4mo
The meetings will also be broadcast on the City's YouTube channel:
https://www.voutu be.com/chan n el/UCnY6n N k8zfXZu lMglzbwE
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APPROVAL OF MINUTES
Approval of the minutes of the Meeting held on July 17, 2-023.
REGULAR MEETING
1) Request 10approve a Rep|atofLot l2.Block l2-Annie T.Warren Subdivision
into Lots l and Z^ Herrera Heights Addition, Beaumont, Jefferson County, Texas.
Applicant: Access Surveyors
Location: l855VV.Highland Drive
2) - Request for oPreliminary Plat approval ofThe Gardens Subdivision,
Beaumont,Jefferson County, Texas.
Applicant: ZgchRowe ofLeav1nsEngineering 8iDesign, LL[
Location: East of392OVV.Cardinal Drive
3) : Request for a Preliminary Plat approval of Winderriere Subdivision, Section
Five, Beaumont, Jefferson County, Texas.
Applicant: Jeremiah Brarmrner
Location Extension ofVVindmeadmvvDrive
4) PZ2023-365: Request to approve a Replat of Lots 1-10, Block 4, Carver Terrace Addition into
Lots 1A, 813913 and 1013, Block 4, Carver Terrace Addition', Beaumont., Jefferson County,
Texas.
Applicant: 8rayden Gott ofFi\tz Oi Shipman
Location: 3600 block of W. Euclid Street
JOINT PUBLIC HEARING
5) Request for the conveyance and dedication ofprivate streets and
infrastructure tothe City ofBeaumont.
Applicant- Scott Holleman and the heirs of the Al Fasu|o Estate (Fig Acres Addition)
Location: 24O5-2499VVesca|derRoad
6) Request for a Rezoning from R-S (Residential - 3inp[e-Forni|v Dwelling) to G[-
IVID (General Commercial —Multiple-Family Dwelling) or a more restrictive district.
Applicant: NancyRescndez
Location- 1O45S.Major Dhve
7\ Request for a Rezoning from R'S (Residential Sing le -Family Dwelling) to RM-H
(Residential Multiple Family —Hi hestDensitv\orarnoreresthdjvedisthct.
Applicant: Kendrick Martin
Location- South of33l5Rusk Street
8) Request for an Amended Specific Use Permit to allow a residential care facility
in the RM-H (Residential Multiple Family —Highest Density) District.
Applicant: Daniel Jeans ofthe H.Q.VV.Center
Location: 1094-1098 Cottonwood Street
98 Request for aSpecific Use Permit boallow anevent hall lnthe CBD(Central
Business District) District.
Applicant: Richard Gilbert ofGPRealty and Management, Inc.
Location: 690Dr|eans Street
10\ Request for a Specific Use Permit to allow a multi -family development in the
CBD (Central Business District) District.
Applicant: Richard Gilbert of GP Realty and Management, Inc.
Location: 704 Neches Street
111 Request for a Specific Use Permit to allow a substance use disorder treatment
facility in the CBO (Central Business District) District.
Applicant: Thomas Aardah|
Location: 380 Main Street
12) : Request for the closure ofaccess boInterstate lOEast Feeder Road from 8th
and »
Applicant: Nancy Peron ofTexas Department ofTransportation
Location: End of8m and 9m Streets between the northern edge ofpavement ofBeech Street
and southern edge ofpavement ofInterstate lOEast Feeder Road.
OTHER BUSINESS
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Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or
services are requested to contact Kaltrina M|nickat4OB-8QO-3777.
*MIND TES
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:
Councilmenibers present:
Chairman Sina Nejad
Commissioner Johnny Beatty
Commissioner Ham Jabbar
Commissioner Shawn Javed*-,irrived at 3:05
Commissioner Darius Linton
Commissioner Lynda Kay Makin
Con-imissioner Tom Noyola
Alternate Commissioner Rogers Sorrell, Jr.
Commissioner Spencer Jabbi.a
Commissioner Eddie Senigaur
Alternate Commissioner Erika Harris
Mayor Roy West
Mayor Pro-Ten-1 Chris Durio
Councilmember Randy Feldshau
Councilmember Mike Getz
Councilmen'iber Taylor Neild
Councilmcmber Audwin Samuel
Also present: Kenneth R. Williams, City Manager
Chris Boone, Assistant City Manager, Community Services
Sharac 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. Comn-iissioner Jabbar seconded the motion. The motion to approve the minutes carried 6:0.
Commissioner Jawed not yet present.
Planning Commissio,ii
July 17, 2023
R-E GTJLAR MEETING
1) PZ2023-261: Request for abandonment of Doctor's Drive and a portion of 15"' Street
Applicant: Zack Rowe for Soutlicast Texas Classic Real Estate, 111C.
Location: Remaining portion of Doctor's Drive and 15"' Street adjacent to lots 10 &
I I of the Physician's Place Addition
Mrs. Jose presented the staff report. Zach Rowc of Lead Engineering, L.L.C., is requesting to
abandon Doctor's Drive and a Portion of 15t" Street. The TXDOT ("I"exas 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
showrooni and reconstruct ftirther back on their property. A portion of Doctor's Drive was
abandoned in the past to accommodate overflow parking for this property. The abandonment of
the remai ni ng portion of D o ctor's Drive and the north portion of 15 t" S treet ivi I I help ac commo d ate
the new building.
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.
Planning staff recommended approval of the abandonments with retention of a general utility
easement.
The applicant was present. Zach Rowe of Lcavins Enginccring and Design, L.L.C., 3250 Eastex
Freeway, Beaumont, rf cxas addressed the Commission. Mr. RoNve stated that Classic Acura wishes
to rcconstruct a new showroom and reconfigure the car lot.
Conin-ussioner Makin moved to approve the request for abandonment of Doctor's Drive and a
portion of 15"' Street, as requested in PZ2023-261.
Commissioner Jabbar seconded the motion. The motion to approve the request carried 7:0.
OTHER BUSINESS
Chairman Nej ad announced that today is Senior Planner Adina Josey's last Planiiing Commission
meeting as she is retiring. He followed by thanking her for her service.
,JOINT PUBLIC 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
Plaiming Commission
July 17, 2023
2) PZ2021-243: Request for the conveyance and dedication of private streets and
infrastructure to the City of Beaumont
Applicant: Scott Hollcrnon and the heirs of the A.J. Fasulo Estate (Fig Acres Addition)
Location: 2405-2499 Wescalder Road
Mrs. Josey presented the staff report. Scott Hollemon and the heirs of the A.J. Fasulo 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 guidelines.
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 Plaiming and Zoning meeting, after son-te discussion, the Planning
Commission requested a more thorough investigation of the drainage, water and sewer situation
and minimum 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 climinate the
multitude of services ruiming from an extensive bank of meters in the Wescalder right-of-way.
The cost estimate at the time of the investigation was $170,000 to install water mains, service
connections, water meters, and fire hydrants. The current, updated cost estimate is $185,250.
Urgent Work:
The City would eventually need to set four (4) martholes on the sanitary sewer system to provide
access to the lines for inspection and cleaning. Estimated cost at the time of the investigation, if
perfornied by City staff, was $7,000. The curreiit, updated cost estimate is $9,400.
RemaiDing Work:
The remaining work would be addressed during normal prioritization of scheduled wort and
are listed in no specific order:
• Excavation of roadside ditches and installing driveway culverts to grade. Estimated cost as
of February 2022: $245,000.
• Replacing the existing 4-inch sewer main with a 6-inch line. Estimated cost at time of the
investigation was $45,000. The current, updated cost. estimate is $50.,000.
• 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 limit rating and be wide cnough 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 Wescalder Road. If the City provides
solid waste services.., improvements 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
colicerns, Public Works recommended denial of the request until upgrades to thestreets 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 beeii preparing a Preliminary Plat of the streets and is ready
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 further explained that, at some point in the future, the preliminary plat will be
presented to the Commission for consideration in which they may need to determine if
improvcments will be required. Mrs. Joscy also stated that at such time that the preliminary plat is
presented for consideration that the Conunission 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 improvements or a mcclianism)Arhereb)T the City May
perforti-i some of the or with the property owners financing the work.
The applicant was present. Scott Hollemon, 2499 Wescalder Road, Beaumont Texas addressed the
Commission. Mr. Hollemon explained the location of the properties Included ill the request. He
further stated that the previous property owner subdivided the property and presented proposed
plats to the City, which were deDied. 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 improvements. Mr. Hollemon stated there is no Homeowner's Association for the
subdivision.
Discussion followed by Counclimember Getz concerning 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, Beaumont, Texas addressed the Commission. Mr. Adkins
stated that his home was constructed approximately six years ago and, while obtaining permits,
was not informcd by the City that the subdivision is unapproved.
James Favre., 2437 Wescalder Road, Beaumont, Texas addressed the Commission. Mr. Favre
stated that, while constructing his home twenty-one years ago, lie also was not informed by the
City that the subdivision is private and unapproved. He also stated that the fair thing to do is for
5!
Planning Commission
July 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 once owned by her family. She further stated that
she is financially unable to contribute to the cost of the required iiiiprovements. Mrs. Fryer also
expressed concern relating to the difficulty of eniergency vehicles 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 fron-i RS (Residential Single Family D)Alelling) to
-i
GC -MD (General Conimercial -Multiple Family Dwelling) or a more
restrictive district
Applicant: Nat -icy Resendez
Location: 1845 S. MaJor Drive
Chairman Nejad announced that this item is being tabled until the August 2023 meeting.
4) PZ2023-262.- Request for a Specific Use Permit to allow a mother -in-laws apartni.ent in
an RS (Residential Single Family Dwelling) District
Applicant: Andrew Baumer
Location: 4630 Ashdown Street
Mrs. Josey presented the staff report. Andrew Baumer is requesting a Specific Use Permit to allow
a mother-in-law's apartment at 4630 Ashdown Street. This property is located within the RS
(Residential - SIngle-Fanilly Dwelling) district and as such a two-family dwelling requires a
Specific Use Permit. "I'lie structure will serve a dual purpose as the pool house for the property.
Nicola & Ivan Holtzman, 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 cannot climb 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 .ror the apartment.
2. The apartment shall not be used as rental property.
3. No permanent structure or appurtenances shall be placed within the easement property.
Twenty-eight (28) notices were mailed to property owners within two hundred (200) feet of the
subject property. Zero responses were rceeived in favor or in opposition.
A representative of the applicant was present. Ivan Holtzman, 4630 Ashdown Street, Beauniont,
Texas addressed the Commission. Mr. Holtzman stated that his in-laws are elderly and he would
like them to reside on the property in order to offer assistance when needed. He further stated that
no additional driveway will be constructed on the property to accommodate the apartment. The
representative of the applicant approves of the conditions reconm-lended by staff.
5
Plant-iing Commissioll
July 17, 2023
The ptiblic hearing on this item was opened.
The applicant -was present. Andrew BaLlIller, 335 Summerwood Street, Beaumont, Texas addressed
the Commission. Mr. BaLimer thaiiked City staff for their assistance during the application process.
The public hearing on tl)is item was closed.
Commissioner Jabbar moved to approve the request for a Specific Use Permit to allow a ii-iother-
in-law"s apartment in an RS (Residential Single Family Dwelling) District, as reqtiested 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 sliill be placed within the casement property.
Commissioner Noyola seconded the motion. The motion to approve the request carried 7:0.
THE ME]-,-'.TING ADJOURNED AT 3:52 P.M.
V,
'
DATE: September 18, 2023
TO: Planning Commission
FROM: Demi Engman, Planning Manager
SUBJECT: To consider a request for approval ofaRep|at of Lot 12L Block 12. Annie T.
Warren Subdivision into Lots l and 2, Herrera Heights Addition, Beaumont,,
Jefferson County, Texas.
F|LE: PZ2023-316
STAFF REPORT
Access Surveyors has requested approval of Kep|at of Lot 12� Block 12, Annie T. Warren
Subdivision into Lots 1 and 2- Herrera HeightsAddition, Beaumont, Jefferson County, Texas.
The intention of the plat is to divide the lot into two residential lots.
Staff recommends approval of the request with the following conditions:
I. All new lot lines comply with all building setbacks required in Section 28.03.024 District
area and height regulations.
Exhibits are attached.
PUBLIC NOTIFICATION
Notices mailed to property owners 13 _.
Responses in Favor Responses in Opposition
GENERAL INFORMATIONIPUBLIC UTILITIES
APPLICANT:
PROPERTY OWNER:
LOCATION:
EXISTING ZONING:
PROPERTY SIZE:
EXISTING LAND USES:
FLOOD HAZARD ZONE:
SURROUNDING LAND USES:
NORTH:
Residential
EAST-
Residential
SO UTH:
Commercial
WEST: Residential
COMPREHENSIVE PLAN:
STREETS,,
DRAINAGE:
WATER:
SANITARY SEWER SERVICE:
Access Surveyors
VHCM CONSTRUCTION LLC (Maria Herrera)
1855 W. Highland Drive
R-S (Residential Single -Family Dwelling)
1.5 acres, more or less
Residential
"'X'-' - Areas determined to be outside 500-year
floodplain
SURROUNDING ZONING:
R-S (Residential Single -Family Dwelling)
R-S
GC -MD (General Commercial Multiple -Family
Dwelling)
R-S
Stable Area
W. Highland Avenue- Secondary Arterial with
30' right-of-way and 18" pavement width.
Open ditch
City of Beaumont-6" grater line
City of Beaumont-10" sewer line
PROPERTY OWNERS NOTIFIED WITHIN 1% WITHIN SUBDIVISION
MORROW RICHARD &
J FA ETTE
BROWN ANDREA P ETAL
RUI JOE
HFRNANDFZ JUAN & MIA
ALLEN EUNICE S &
GUERRERO RAMON R
UERRA MARY MADALENE
UERRA MARY MA DALENE
MUNOZ WALDO & MARIA M
BOLDS CALVIN JR
WEST BEAUM NT VENTURE
LLC
WEST BEAUMONT VENTURE
LLC
FFICM CONSTRUCTION LLC
N E
Plo-ninifigAtbrii—b-il. bgQ!-P'
0 -.:n 9 - ftlojit,
Property Information
Subd.Won Narne
Aanie, T. Warren Subdivision
tot(s);
n/a
801FACIes* #of Lots-,
1.478 Ac 2
Applicant Information
NaML:
Amy Lea
M a 11 Ing Address;
I 1025 Old Voth Rd
phomE:
409-838-6322
Owner Information
Ham v
Maria Herrera
fil a 11 Ing Address-.
15123 Lindstrom Rd
Phone: 623 -45 1 -XI'3
SUBDIVISION APPLICATION
App'utton PFI.ItS Dn Ifg.31 S!Ze pAje
Preliminary Plat El Amended Plat*
11 Final Plat* W Replat*
11 Minor Plat* ® Vacate Plat
Address /Wcadon
1855 W. Highland, Beaumont, Tx 77705
WDA(s):
Block 12
A 0 1 unfts:
Comparly.
Access Surveyors
Chy-, State; zip;
Beaumont 11"X 77713
EMA;
ainy@access-surveyors.com
CjDmpany.
MCM Construction
ary. state, ZIP:
Crosby TX 77532
Email;
niariaherrera@flicniconstniction.com
Date
Z'
AW-,'ca nt SIZaa ture Dale
In] K3 I tnitr3i -rears iorig Ina Is I gnea (locumentl to tie tiled mijst be a rcomp an I ed by filing fees (City & Count+}, tax certif cat es,dlgita I files {CAD, pdf and shape fi I e),
and 2 copfcls of the plat.
L 1 -7
Signature OP? ort VeEo&eef/Suiveyor Date
PlanniagApPlicationA ept C
PLANNING & COMMUNITY
.514gnature Rate DEVELOPMENT
Revised 3/2020 T 40 .880. 100
F 409.880.3133
PO Box 38271 Beaumont, TX
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IZ2023-316: Request to approve a Replat of Lot 12, Block 12, Annie T. Warren Subdivision into Lots I
ind 2., Herrera Heights Addition, Beaumont, Jefferson County, Texas.
ipplicant: Access Surveyors
ovation: 1855 W. Highland Drive
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DATE: September 18, 2023
TO: Planning Commission
FROM: Demi Engman, Planning Manager
SUBJECT: To consider a request for Preliminary Plat approval of The Gardens Subdivision,
Beaumont'. Jefferson County, Texas.
FILE: PZ2023-326
STAFF REPORT
This item was tabled from the August 21,, 2023 agenda due to a lack of quorum.
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 2 6.03.0 05 states, "minim um utility easemen ts of between ten (10) and twen ty (20) feet
shall be provided along rear and side lot lines when necessary for use by public and private
utilities." Address condition #2.
Section 2 6.0 3.0 0 8 (a)( ) states, "Stre e tligh ts shall be installed at all intersections and at
additional locations not less than two hundred (200) feet apart. Locations shall be design C/ ted
so as to provide an a verag e separation of approximately two hundred fifty (250) feet.
Variations shall occur only where lot widths and 'or other conditions necessitate." Address
condition #3.
See. 2 6.0 3.0 0 1(2) states, "Land which the plann in g com m issio n finds to b e unsuit ab le for
subdivision or de velopm en t due to flooding, improp er drain age ...shall not be subdivided or
de velope d unless a de q u a te m e th o ds are formulat d by the developer and appro ve d by plan n ing
commission that will solve the problems created by the unsuitable land conditions." Address
condition #4.
Sec. 26.02.002(15) states, "A list of the proposed restrictive covenants, conditions, and
limitations to govern the natures and use of the property being subdivided," Address condition
#5.
Staff recommends approval with the following conditions:
1. Fire hydrants must he spaced a maximum of 500' a part (2021 lnternational Fire Code).
2. Water mains located between two (2) lots must be cased and a lO' exclusive water line
easement shall bededicated. |fthe water main |snot cased, a2[Yexclusive water line
must be dedicated.
3. Shall provide streetlight locations and streetilght symbol to the legend of the final plat.
4` Provide Secondary Drainage System for overland flow upto a[onall drainage
plans and construction plans shall include 10-yr and 100-yr HGLs.
S. Changenote#9onthep|attostate"thepe[petua|rnaintenanceofaHcornmnonareas
This item was sent to all interested parties.
Exhibits are attached.
GENERAL INFORMATION PUBLIC UTILITIES
PROPERTY OWNER'
LOCATION:
EXISTING ZONING:
PROPERTY SIZE:
EXISTING LAND US.ESO.
FLOOD HAZARD ZONE:
URROUNDING LAND USES:
NORTH: Commercial
EAST: Residential
SOUTH: Residential
WEST: Residential
COMPREHENSIVE PLAN:
STREETS:
DRAT NAGS:
WATER & SANITARY
SEWER SERVICE:
Zach Rowe of Leavins Engineering & Design,
L. L. C.
Antioch Missionary Baptist Church
East of 3920 W. Cardinal Drive
RM-H (Residential Multiple Family —Highest
Density)
8.2614 acres, more or less
Vacant
"X" - Areas determined to be outside 500-year
floodplain
SURROUNDING ZONING:
RM-H (Residential Multiple Family —Highest
Density)
R-S (Residential Single Family Dwelling)
GC -MD (General Commercial — Multiple Family
Dwelling)
GC -MD
Conservation and Revitalization
Warren Street — Local Street with a 601
right-of-way and a 201 pavement width.
Eden Way — Proposed Residential Street with a
50' right-of-way and a 26' pavement width.
Curb & gutter
Extension of City
Water and
Sanitary Sewer
BEAUMONT
Planning & Community Development
YIIP
Property Information
Anolicant Information
Owner information
f4ffa:
John R. Adolph
WLQV AM ft%"!
7665 Marion Dr.
409-B93-1159
Fj L � it -
SUBDIVISION APPLICATION
A;-PU 1k, I ;Wir',U on ItA I I W 4 PW
Preliminary Plat 'J Amended Plato
I Final Plato T Replato
1.1 Minor Plato Ll Vacate Plat
CW pv%r.
ExallIng the Savior Minisides, LLG
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Beaumont TX
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and 2 wpJes of th Plat.
wpo" bh v& m4 rripm Ma
PpAingAppllcaftl ArceRtaritel,
ReviseA 312020
41
77707
PLANNING & COMMUNITY
0EVELOPMENT
T 409-880.3100
t 409.880.3133
Pn nny 1827 1 RF-mimnni- TX
M1
LEAVINS ENGINEERING & DESIGN, LLC
PROFESSIONAL ENGINEWNG FIRM # F-22257
0 July 24, 2023
City of Beaumont Planning and Zoning Commission
801 it Street
Beaumont, Texas 77701
REF- Proposed Preliminary Plat
The Gardens
Warren Street
Dear Sir or Madam-
Please find attached herein a preliminary Plat and drainage computations for a proposed residential subdivision,
The Gardens. This proposed single-family development consists of 8.2614-acres., being a portion of that tract of land
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 on the west side of Warren Street. Storm water runoff will be collected and conveyed along Eden Way
to a proposed detention pond to be constructed within the proposed park area on the west side of the development,
ultimately discharging to an existing fifty -four -inch (54") storm sewer line along the common boundary line of the
Jehovah Jireh Phase 1 subdivision.
This preliminary plat, previously approved by the City, has been revised from a cluster 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.
Respectfully,
Zachary Rowe
Senior Project Manager
Attachments
3250 EASTEX FREEWAY LEAVINS ENGINEERING & DESIGN, LLC P. A09-2A5-5130
BEAUMONT, TEXAS 77703 F: 409-2A7-2260
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Po - : Request for a Preliminary Plat approval of The Gardens Subdivision., Beaumont,,
Jefferson County,, Texas.
Applicant: Zach Rowe re of Leavins Engineering & Design, LLC
Location: East of 3920 W. Cardinal Drive
DATE: September 18, 2023
TO: Planning Commission
FROM: Demi Engman, Planning Manager
SUBJECT: To consider a request for Preliminary Plat approval of Windernere Subdivision,
Section Five, Beaumont, Jefferson County, Texas.
FILE: PZ2023-361
STAFF REPORT
Jeremiah Brammer has requested Preliminary Plat approval of Windemere Subdivision, Section
Five. This 5.402 acre development will extend Windmeadow Drive and consists of 21 residential
lots. All lots meet the requirements for a residential lot. Water and sewer will be provided by
an extension of the city's facilities.
Section 217.55(g) of the Texas Administrative Code states, "Manholes may cat be spaced
farthoer apart than the dis ton ces spe cified in the table for a was te voter collection sys tern with
straight alignment and uniform grades." Section 217.55(a)(1) of the Texas Administrative Code
states, "An owner must include manholes in a collection system at (1) all points of change in
alignment, grade, or nominal diameter..." (Condition #1)
Section 26.03.008(a)(2) of the Subdivision Ordinance states., "Streetlights shall be installed at all
intersections and at additional locations not less than two hundred (200) feet apart. Locations
shall b e designated so as to provide an average separation of opp roxim at ly two h un dred fifty
(250) feet. Variations shall occur only where lot widths andlor other conditions necessitate."
(Condition #2)
Section 26.02.002(15) of the Subdivision Ordinance states, "'A list of the proposed restrictive
covenants, conditions, and limitations to govern the nature and use of the property being
subdivided." (Condition #3-4)
Staff recommends approval of the request with the following conditions.*
1. The sanitary sewer line is installed per Texas Commission on Environmental Quality
regulations, manholes should be spaced at a maximum of 500 feet for pipes 6-15 inches
in diameter. Manholes must be installed at all points of change in alignment, grade, or
nominal diameter.
2. Eliminate the streetlight adjacent to Lots 12 and 13, Block 2, property line.
3. Shall add note on final Plat to state, "Temporary erosion control measures must remain
in place until permanent measures are established."
4. Shall add note on final plat to state, ""All property owners will be required to construct 4"
concrete sidewalk adjacent to the street, located 4 feet from the back of curb. At
street intersections, if applicable, sidewalks are to include construction of a 5" wide
landing to tie-in with concrete access ramps. If any lot is not developed within five (5)
years of recordation of the final plat, the current owner shall construct the sidewalk."
This item was sent to all interested parties.
Exhibits are attached.
GENERAL INFORMATION/PUBLIC UTILITIES
OWNER:
PROPERTY
EXISTING ZONING:
PROPERTY SIZE:
USES:
EXISTING LAND
FLOOD HAZARD ZONE:
SURROUNDING LAND USES:
NORTH: Residential
EAST. Residential
3[]UTH. Residential
WEST: Residential
SERVICE:WATER & SANITARY SEWER
Jeremiah Brarnmer
]arnesP. Ritterl]r.
Extension ofVV1ndrneadovvDrive
R-3(Residential Single -Family Dwelling
District)
5.402 acres, more or less
Vacant
"X"-Areas determined tobeoutside
500-vearfloodplain
R-3 (Residential Single -Family Dwelling)
Neighborhood Growth Unit Area
Windmeadow Drive —Proposed local street
with a5O'right-of-vwayand aJ8'pavement
Curb & gutter
Extension of City
water and Sanitary
Sewer
BEA MONT
Planning & Community Development
Property Information
SUBDIVISION APPLICATION
Apr--cal.b.-i prints on leiel 54z? p?ii
X Preliminary Plat D Amended Plat*
1) Final Plat* D Replat*
0 Minor Plat* [I Vacate Plat
Su bdMOon Horne A dd r z L; I Locatlo. k
Windemere Subdivision, Section Five Windemeadow Drive, Beaumont, Texas
Lots 1'1- , Block 2; Lots 4-10. 1310Gl 11
0 of Aries.. it OF LOW Units:
5.402 Acres 21 -.—N/A
Applicant Information
Name.. Company,
Jeremiah Brammer Roebuck Builders
1.1 a r",n8 Address* Gly- State: V p;
148 S. Dowlen, P.M, Box 701 Beaumont Texas 77707
409-782-4182 JEREMIAH@ROEBUCI<BUILDERS.COM
Owner Information
Name:
Joules P. Ritter, Jr.
M a i r rig M dmss:
7895 Viterbo Road
rhorLE:
409-880-6013
ir's Slgro Ic rff
Apple z int Sggn I-0te
Wind emere Development, LLC
ay. Rate: ZIP,
Nederland Texas 71627
JIM@RITT_ERFEST.COM
Dai:e
RM-
Applicant;
check
City
Check (v) I
Che cklist of items required on PLAT to be f i I ed
1. Title or name of plat, meridian north point, scale of map and vicinity map.
2. Definite legal description and identification of the tract h ein g subdivided.
3. All block, lot and street boundary lines referenced to Texas State Plane Coordinate System.
4. Building Lines and easements.
5. Actual w. dth of all streets, measured at right angles or radially, where curved, shown on reap
S. All necessary d imens I o ns accurately displayed
7. Names of all streets and adJoIning subdivislons shown on map
8. Flood zones and boundaries, if applicable, shown on map. Elevations for full subdivisions.
9. Addresses clearly displayed
10. Certificate of ownership signed, stamped and notarized
11. Certificates of approval from City and County shown on map
12. All legal restrictions and regulations placed on the approval of plat shown clearly on neap
Checklist of items required on Preliminary Plat map:
X
Title or name of plat, meridian north point, vicinity map and name and signature of owner.
X
2. Written evidence of ownership,
X
3. Scale of map shown on. rnap, map to be drawn on a scale of one hundred (IDD) feet to inch or larger.
X
4. Location of existing blocks, lots, alleys,, easements, building lines, natural features and buildings.
X
5. Existing and proposed streets with street names.
X
6. Plan of subdivision with blocks, lots, alleys, easements, building lines, parks, dimensions and addresses.
X
7. Location of existing and proposed sewers, water, gas mains, as well as storm and drainage easements.
X
8. Topography if the surface is markedly uneven.
X
9. Boundaries and elevations of all areas located in the flood hazard and flood zones for all areas.
X
v/
10. Location of all existing pipeline easements with size, type of product and pressure.
X
11. Game of registered surveyor/engineer responsible for preparing the plat.
X
12. List of all restrictive coven -ants, conditions, and limitations to govern property being subdivided.
BT A—, 4 Plats (o OgIna I signed document) to be filed must be a ccom pa nle d by fifting fe e S (City & Cc unty), tax certificates, digital bites (CAD, . pdf a in d s h 21 pe fil e
In[dal
and 2 copleg of the plat.
S f in ; tw F- of r P s p o ns% le Emig[ rve er/5 Lrfv.E yo r
August 23,203
Data
�. �nlng Appl cation Acceptance: I A Z3'
A/,, - - SAUT 2
Stgnal ire Dale
Revised 3/202
PLANNING & COMMUNITY
DEVELOPMENT
T 409.88U100
F 409,880.3133
PO Box 3827 I Beaumont, TX
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PZ2023-361m. Request for a Preliminary Plat approval of Windernere Subdivision, Section Five,
Beaumont., Jefferson County, Texas.
.pplicant: Jeremiah Brarnmer
c)capt on: End of Windmeadow Drive to the east
0 100 200
1 1 1 M
I Fee,
DATE: September 18, 202-3
TO: Planning Commission
FROM: Demi Engman, Planning Manager
SUBJECT: To consider o request for approval ofaReplat of Lots l-lO. Block 4. Carver
Terrace Addition into Lots 1A- 8B, 9B and 10B. Block 4` Carver Terrace Addition,
Beaurnont,Jefferson County, Texas.
FILE: pZ2023-365
STAFF REPORT
BnaydenGott ofFittz & Shipman has requested approval ofaRep|at of Lots 1-10, Block 4
Carver Terrace Addition into Lots IA, 8B` 98 and 10B. Block /i Carver Terrace Addition,
Beaumont., Jefferson County, Texas. The intention of the plat is to adjust lot lines to
accommodate the construction of a new home for the property owner's family. The northern
portion of the cul-de-sac was abandoned in 2017 by City Ordinance No. 17-41.
Staff recommends approval of the request.
Exhibits are attached.
PUBLIC NOTIFICATION
Notices mailed to property owners 22
GENERAL INFORMATION/PUB11C UTILITIES
Brayden Gott of Fittz @Shlpman
PROPERTY '
John Modica
LOCATION:
3600 Block ofW. Euclid Street
EXISTING ZONING:
RM'H (Residential Multiple Family -Highest
Density) &GC -MO (General Commercial
Multiple-Fern|k/DvveUing)
PROPERTY SIZE.
12.69acres, more orless
USES:
EXISTING LAND '
Commercial and Residential
FLOOD HAZARD ZONE:
"X" Areas determined tobeoutside 5OO-year
floodpiain
SURROUNDING LAND USES:
SURROUNDING ZONING:
NORTH: Residential
G['K8D
EAST: Residential
GC'W4O
5OUTH: Residential
RK4'H &G[-WqO
WEST: Residential
RM-H 8iGC-MD
PLAN:
COMPREHENSIVE '
Stable Area
STREETS .
'
Secondary Ar Arterial
r1ght'of-vvayand GO pavement width.
mSt— Major Arterial with llS'
righ1'of-vvayand 6S' pavement width.
W. Euclid St— Local Street with 6O right-of-way
and l4'pavement width.
:
open ditch
WATER:
City of8eaumomt--3"water line
PROPERTY OWNEf S NOTIFIED WITHIN SUBDIVISION
ENDARI JOSEPH
BALIA LAWRENCE
BALA LAWRENCE
JCMODICA REALTY LP
DICA JOHN CALVIN
ODICA JOHN CAL IIN
BEAU O 1T FRAME & FRNT END
lEAZIE ALLEN R ETAL
VE ZIE ALLEN R ETAL
MORRISON MYMA CA PBELL
BALI A LA 1f ENCE
SMITH BRETT W
BRODSSARD JAMES LEOP ARD
UNITED WORLDWIDE RESOURCES
LLC
UNITED WORLDWIDE RESOURCES
LLC
MODICA JOHN CAL' IN
C LEMAN J YCE B H E N D E f SO
HARPER AUA JR
HARPER ALJA JR ET UX
ODI A JOHN CAL IN
ROBERTS H AVO LI N EXPRESS LU B
PEACEFUL REST MISSIONARY
B.EA,'U-M-0NT
PWIhifig -& commu nit'
Vroperty Information
sub,iMsTain Name
Carver Terrace
tot(s)-
Lot 1 73 81 9, and 10
i0f -Au E! 5:
0.9824
Applicant Information
Ra in Ln
Brayden Gott
F.JaTl�ng Address;
1405 Cornerstone Court
Phone:
(409) 832-7238
owner Information
SUBDIVISION APrPLICATION
D Preliminary Plat D Amended Plat
0 Final Plat V Replat
0 Minor Plat El Vacate Plat
m d ru s / L*r� trok
3615 Washington Blvd, 3660 WO Euclid St
olackjs):
Block 4
4 Of IDES: H L-1
S 1 P 6 To 6, k NA Lt,-'( I
rorapaur.
Fitt z & Shipman, Inc.
Beaumont
Ems[%
bciott@fittshipman.com
Raw.: — — rz mpa n1p.
John C. Modica Modica Bros
M, al-ng Add res S'
3616 Washington Blvd Beaumont, TX
409-781-3633
-M.
orr.
Beaumont
&A31
von40me@Yahoo,corn
�licant Appc1tv Checklist of items required on PLAT to be filed:
13"cant check (Yl C h I k V1
Stake, Ap-
Texas 77707
State: OR,
Texas 77705
o� 23 � �23
Nit
22—X
�3
Date
Title or name of Plat, meridian north point, scale of map and vicinity map.
cription and identiftation of the tract being subdivided.
All block, lot and Street I)OUndar-y lines referenced to Texas State Plane Coordinate System
L
S. —Actual vildth of all streets, measured at right angles or radially, where curved, shoe -gin oil map
6. All necessary dimensions accurately displayed
7. Names of a I I streets and adjoin 1 ng subdivisions shown on map
8. Benchmark elevations on map
9. Flood zones, boundaries and elevations shown on map
. Addresses clearly displayed
11, Certificate of ownership signed, stamped and notarized
12. Certificates of approval from City and-Gekw"-sho= on map
Ali legal res iqns and regulations placed on the approval of plat shown clearly on map
Checklist of 'Items required on Preliminary Plat map:
1. Title or name of plat, meridian north point, vicinity map and name and signature of owner.
2. Written evidence of ownership.
3. Scale of map shown on map, map to he drawn on a scale of one hundred (100) feel to inch or larger.
4. Location of existing blocks, lots, alleys, easements, bullding lines, natural features and buildings.
5. Existing and proposed streets with street names.
6. Plan of subdivision with blocks, lots, alleys, easements, building lines, parks, dimensions and addresses,
I
7. Location of existing and proposed seviers, water, gas mains, as well as storm and drainage easements
8. Topography if the surface is markedly uneven.
9. Boundaries and elevations of all areas located In the flood hazard.
10, Location of all existing pipeline easements with size, type of product and pressure.
11, Name of registered survey oriengfricer responsible for preparing the plat.
12. List of ;all restrictive covenants* conditions, and limitations to govern property being subdivided.
VtiL
ez Z
-tA Date
ISumpyor
I ning Application Acceiltarlca:
I' 'r" Ing AlPlIcat
OM 1/1 PLANNING & COMMUNITY
Ll tu
DEVELOPMENT
Date T 409.880.3100
Revk�i-,d 1 /19 F 409.8BO.3133
PO Box 3827 113eaumont, TX
Fittz & Shipman
Ronald D. Fittz, RE., R.P.L.S. (1948-1987)
Terry G. Shipman, P.E., Senior Consultant
Bernardino D. Tristan, P.E., Ch 1 ef Executive Officer
Wednesday, August 22, 2023
To Whom ii May Concern,
Consulthig Enghieeiw wid L(ind Surveyors
Daniel A. Dotson, P.E., President
Donald R. King, P.E, Vice President
Mitchell Lee Brackin, RPLS
Our client, Mr, J.C. Modica wants to Replat Lots 1, 2, 33 45 55 61 7)
81 9 and 10, Block 4 into Lots 1A, 8B, 9B and 10B, Block 4 of the
Carver Terrace Subdivision.
Thank you,
Brayden Gott
140S Cornerstone COUrt - Beaumont, Texas 77706 - (409) 832-7238 - Fax (409) 832-7303
Texos Board of Professional Engineers Firm No. 7160 - Texos Boord of Professional Land Surveyors Firin No, 700786
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PZ2023-365: Request to approve a Rep at of Lots 1-10, Block 4, Carver Terrace Addition into Lots 1A, 8B,
9B and 10% Block 4, Carver Terrace Addition, Beaumont., Jefferson County, Texas.
Applicant: Brayden Gott of Fittz & Shipman
Location: 3600 block of W. Euclid Street
DATE: September 18, 2023
TO: Planning Commission
FROM: Demi Engman, Planning Manager
SUBJECT: Consider a request for the conveyance and dedication of private streets and
infrastructure to the City of Beaumont.
FILE: P22021-243
STAFF REPORT
Scott Holleman and the heirs ofthe AJ.Fasu|oEstate have requested the City ofBeaumont kz
accept maintenance of the private drive east of Wescalder Road and north of Baker Road, and
its infrastructure. The City recently adopted a process for the conversion ofprivate streets and
other infrastructure to public ownership and maintenance. Also attached is an analysis of the
condition of the existing private infrastructure,, conducted by the Public Works Department.
In3OZ1Lengineering conductedasurveyandanalysisofthestree1sanddna|nageinfrast[uciure.
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 todrain with driveway
culverts that were not set properly, The condition of water and sewer lines was unknown.
At the October 2021 Planning Commission meeting, after some discussion, the Commission
requested amore thorough investigation ofthe drainage water and sewer situation and
minimum improvements needed for acceptance of the neighborhood.
1nthe following months Engineering d\d\n the requested data, and this 1swhat they
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 multitude of services running from an extensive bank of meters in the
Wescalder right-of-way. The current cost estimate is $187,046 to install water mains,
service connections, water meters, and fire hydrants through City staff.
The City would eventually need to set four (4)manholes ODthe sanitary sewer system to
provdeaccesstotheUnesforinspectonaodo|ean|n[�Est|mnatedcost �performed hmCity staff, is $26,692.
Work:Remaining
The remaining work WOUld be addressed during normal prioritization of scheduled
workload and are listed |nnospecific order:
w Estimated cost of excavation of roadside ditches, installing driveway culverts to
grade, rehabilitation ofasphalt roads, etc. |s$495.1OO.
0 Replace sewer main lines. Estimated cost if performed by City staff: $100,500.
It1sanestimated grand total of $809,338, more Orr less, to 5ring the current conditions to
standard if the streets and infrastructure are to be accepted and work to be performed by City
staff. The grand total may increase if the work is to be performed through a contractor.
Fire Department — Fire Marshal 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
load limit rating and bewide enough for afire apparatus. Amajority ofthesestreetsare
narrow being approximately 10'-12' wide.
SoUdWaste—SoUidWasteprovides garbage service to 2425 Wesca|derRoad. |fthe City
provides solid waste services, improvements tothe roads will berequired tomaintain the
weight of the garbage trucks.
Staff recommends denial due to the following reasons: narrow width of streets lack of fire
hydrants along the streets, load limit concerns, surveying issues and rehabilitation costs.
Should Planning Commission choose toapprove the request, staff would recommend the
following condition:
l. A plat produced by a licensed surveyor must be submitted to the Planning Office prior to
final acceptance of the streets and infrastructure.
This itern was sent to all interested parties.
LEGAL DESCRIPTION FOR ORDINANCE PURPOSES
Being Tract 2lpart ofLots 4-5, Block 8,WescaiderFig Acres, Beaumont, Jefferson County,
Texas, conta\ningZ.1133 acres more or less.
APPLICANT:GENERAL INFORMATION/PUBLIC UTILITIES
ZONING:EXISTING
PROPERTY SIZE:
EXISTING LAND -USES:
FLOOD HAZARD ZONE,
SURROUNDING
NORTH: Residential
EAST: Residential
SOUTH: Residential
WEST: Residential
COMPREHENSIVE PLAN:
Scott Holleman and the heirs ofthe AJ.
Fasu|o Estate
Heirs of the Al Fasulo Estate
RS (Residential Single -Family Dwelling)
"2.1133 acres more or less
Private Drive
"X" Areas determined to be outside
500-yearfloodp|a1n
SURROUNDING ZONING:
RS(Residential Single -Family Dwelling)
RS
Neighborhood Growth Unit
open ditch
GUIDE LINE, 8 F OR ACCL' PTANCE4 Or' PfflVAT L' STRE H T8 AND
INV' RASTRUCTURE FOR NATNTE NANCE BY
IV CITY OF BE, A9oNT &
Progedurcs
1. Tol"nitlate they for acceptance. of a Private sUeot aiid inftastracliwe, a written letter
raust bo submitted to tho City Manager for misideration. The letter shalt be signcd by the
wpxesontafive of the propeity umiersl assoolation (the, "Associat!Wl) & the TightM
ownox antho-rized to dedicate the sft-ccts and iiif-rastiurAM6 for public u8 e, - The application
must include copies of the recorded plat of all sti-ects to be dedicated, any applicable,
easoment documents, Any mcords of oonstnicflon and repair of the strects and
ice{ astiuctare, and any and all deed tostrictions and home owners assooiation xulos and
ame-ndinents fliere to. Upon the, City's inipro view, additional 10or atio . may be.
xequested. The City will con do* reqiiostsmceived on a, ffist-comq, first seyved basis.
2. The, Publir, Works Dixector (the "Director") wW inet each strcet and ice* astrucWto.to
determine the condition.
3. The City Manager aud staff will Yoviow and prepare, the Yequest for consideration bythe
Planning Commission aiad the City Comoil. The PlaWing Commission will review the
proposal and. make a tecoimend ation to the City Council, Thu City Council shalt
thDreaftor'de,tormine accoptauco or rejection o'the street and infl-astruotate-1
4. If the, City CounGiL accepts the, street(s) and infitastructue, the Director shalt notify the
applicant of Same.
Additional Staudads Fox Age
1. Trees, boulders and othor lu obstacles (other than mailboxes) located wit hintIn-er, (3)
feet of the pavement shall be removed by the uppliemitif doteimined by the Dff"actor to
be vinsafo or a traffic hazard.
Other Conditions of A D.tanov. Maintenance
1. The City will document by photogtapbic evidemeo, engineexing rapoil s, plans and to
the condifloji, composi.on and oonfigutation (Including pavemont thiclwess and width)
of thGst'reet at tho Limo of application, If accepted, the City will have no obligation to
imptc)-vo the condition oi: configuration of the shied and /ox inflastmoture,
2, The Association shall malbatain �dl entrance monuinents to subdivisions, including
lighting, painting, repairs and maintenance. Tf-m' ooAict with City standatds,
monumont,s may need to be altexod or xcinoved at tho exp ouse, of tho Asso oiation or
ownelt
3. The City will Temove, all tees on the right-of-way that die after fhestreets ha vo been
accePed. Re-Plaownent of esW1 11 be wItWn the solo discretion of the. City. All othor
Imidscaping will bt petforined at flie expose of the Association or omer,
4, Entrance gates that pie'vent public acce,,gs to sftetft, speed bumps and any othor ftaffic
obstructio.ns or deviws will not be allowed on city maintained st-ceds. and miist be,
xamoved at tho Assoclafi&s or wnew.
S. Acceptance, by the City of tho responsibility to mabitaiw9tycots doos not include, tho
xesp ov sibility fox maintem-ace, of land scaping wlthiu the, sttlet fight- af-way, I widsc ap ed
portiom of ciilrde-mcs, common ground, streofli&8, or mailboxes within the right -of.-
way.,
6, As a conn of acceptance by the, City of any stwet Pursumt to theso guldelims, a
and, all doewnents downed necessary by the City for final acctanco shall bu oxecuted by
the, Association of owaar-
BEAU[\A���I�
T E X A S
INTEROFFICE MEMORANDUM
City of Beaumont, Texas
Date: August 23, 2023
T o -. Kenneth R. Williams
From: Bart Bar tkowiak, Directoi: of Public Works
Su ect: AJ Fasulo Estate — public street request
COMMENTS
Attached for your review are updated estimates from Public Works/Eligineering and Water
Utilities, as well as the Fire Department and Solid Waste recommendations for the AJ Fasulo
Estate request for the City of Beaumont to consider accepting the private streets as public streets.
Solid Waste — Solid Waste provides garbage service to 2425 Wescalder Road. If the City
0
provides solid waste services improvements to the roads will be required to maintain the weight
of the garbage trucks. There will beno additional expense to provide solid waste services.
Public Works/Engineering — Engineering did a sui-vey and analysis of the streets and drainage
infrastructure. The existing pavement was found to be composed of a mixture of gravel, chunks
of concrete, milling material and asplialt. The entire pavement is in very poor condition and
requires a full rehabilitation. The drainage infrastructure is comprised of an open ditch and
driveway culvert network. The ditches have been poorly maintained and not graded properly to
drai-n. A majority of the driveway culverts are not set properly to drain water effectively. There
are several buried culverts that are impeding drainage. The estimated cost to improve the
drainagc� and bring the streets up to code is $495,100. A detailed cost estimate is attached.
Water Utilities — a review of the plat and construction plans show the water lines are not located
within an utility easement dedicated to the City of Beaumont. Due to the unknown condition of
the water and sewer lines, it is recommended to delay acceptance until water meters are relocated
to meet city standards and sewerservices are verified to not run within private property. The
estimate to construct new water lines, sewer lines and water ineters within the public right-of-
way is $444,20 . A detailed cost est'mate is attached.
`ire D ep ai- t nien t — Fire Marsh a I I J o e C o ndina reviewed the site and the it D ep artinent has
concerns about the width and load limits of the current private street. City streets must have a
75,000 pound load finut rating and be wide enough for a fire apparatus. A majority of these
streets are narrow being approximately 10' to 12'.
Staff recommends denial due to the narrow width of the streets, having no fire hydrants along the
streets and load limit concerns. it is recommended to reject the request until a plat from a
certified civil engineer is provided dedicating the streets to include utility and drainag
easements. The Fire Department currently provides fire protection forth structures within the
neighborhood but there are concerns about accessibility and Ink of fire hydrants.
If you have any questions, please do not hesitate to contact me.
cc: June Ellis
Cbris Boone
Sharae Reed
Molly Villarreal
Joe Condina
Ben Williams
Devi Engman
Antoinette Hardy
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TEXAS
INTER -OFFICE MEMORANDUM
City of Beaumont, Texas
D to: Jamiary 21, 2022
Too. 13 art Bat tkowialc, D irector of P ublic WovIcs & Technolo 9Y S e"Vic0s
From'R, Amalia Villarreal, P-L, -, CFI, City Engincet
Six bjeat: AJ Fasido L' state Street's and Drainage Condiflon
COMMENTS
The, Englumbig staff for b oth 'a Re Works find Water Utilities have, evaluated the existing
iffrastracture for the, above referenced clevelopinent. Copies of their research and
recommendations are attached for ymir -reference.
linin e diat e N e e d s,-,- 4 -he road
The matey system yep1res replaceinent cither befoice. or m"mediately after acceptance of i
I e development and to c1fininate the
rights o`tea. . This is to improve the NO Px()tect*On tO th
1mi1titude of savicos 1-unning from an extensive bank of ineters in the Wescaldey Xight of way.
n
The GUITellt COSt estimate is $170,000 tof ' istall water mahis, sorvice comiections, water raders,
and fire hydrat s.
L
Tile, City will eventually need to set four (4) manholes on the sanitar Y sewer sYstem to provide
access tot ie lines for GIs pcction and cleaning, Estimated cost, if performed by City staff, is
$,004
RevnaftlinA, W011C 11 py"oritization of liedutd rldd nd
The remain W"g woyk w! 11 b c add ressed d-Li Y1119 norin, I se ewooaa
are listed in 110 specific order:
0 Excavation of roadside ditches and installing driveway culverts to grade. Estimated cost,
$24S3000
Ali a 6iiih hie, Estimato cost: $45,000
o Replacing tee xisting 4-�ich sewer Inam WI -c
o Rehabilitation of as hat roads. Estimated cost: $21 , 0
please lot Its Icaow what additional information we, can provide.
BEAUMONT
TEXAS-
INTER-OffilCEi ME MORANDUM
City of )R ea Imo nt, Texas
D ate: January 21, 2022
HIM
To knalia Villaryeal, POEM) City Eng,
public Woxks Dogigii Managff
From, David Tingle, EIT, P
A d Drablage Condition
•J Fasulo Estate Styeets, RU
COMMENTS,
The Dighicerhig D epartment did rt sur voy and analysis of the streets and drainage Win sftuctuyB
i eN
within the AS Fasialo Ef3tat c off Wmcalder- Ilio existing pavcment was fowid to be composea 01
of gravel) r r ing
a nlixture, hllnks of collerete, n&hg matorial, and asphalt, The enti ety of the oxist'
pavemont is in vely Poor condition and needs Rill ichabifitation, Tile, drainage infrastructure is
comprise d of an op on ditch and &Iveway cIli vet t network, Tho d itches have b cen p o orly
aded pyoperly to drain. Many of the, driveway culverts wcte nOt set
inahitahied and ate not u
,
pxoporly and ate not fulletic)nhig propeyly to dtafii water offeuively, Therc are also several
R toprel-Lor. A diahiago casoment
clAvoxts that ate, vompletely buried whichis impeding drai-n-fige a
would also need to be aepited for tho ditch that runs flulough PareDI 111669 between the Aj
F astlio Es tate and B alcor Ro ad. The e stimat*0 to coTr ect these streets and d rai nage issucs and bring
it 11p to City Stand ards is $ 45 5,63 0. 0 0, Please, soo attached. detailod estfinate -
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BEAUMONT
Tcx,ns
TNTL' R-QIT4ZCE MEMORANDUM
City of Beaumont, Texas
Date: January 21, 2022
T o: Molly Villarreal, P.Kj City hleer
From: Jolul P ippffis 111, BIT, Water Utilities D esign Manager
Subject: AJ F asulo Estate (Wscal r/Fi cres)
COMMENTS
i, 1, vi w and
o,ir office has reviewed tho A J Fasulo Estate, ffescalderfflig Acres), r fl 0 0
analysis, was �i tesponse to a fequest N: the city to accept the private streets and
infrastructute for owneysbil) and mahitonancel
A roview of the ptat and construction plans shows teat the water Miles and sa-Ditary Sower lines
not lo cated within a d e d icat ed 11tility easeinent. As swnfiig the City will have a right of way
ate 9
after accepting the, streets, a utility se-nonewill not be requived at this fine.
The, existing water System Consists of individual sci-vico lines from eaoh proPertY to Wescalder
Dyivc. The solvico 1hies witt bo replaced with water Inam fin cs With IndeVs alid soxvice,
cormections at each proporty. Tho eghnato to correct th e. water system to City Standards is
$170)000,001
Tho existing sanitaty sower sYste"n seems to be a i and fii good condition froln the field
�ivcstlgation- InitiallY, only 4 manholes wiU bo instafled for access and furthor hivestigatioll.
The Manlloleg W'11 cost appXDXimately $7,000,0 0, As issues ariso with 901vices, cleftu011ts Will
be added for tap renowals. Add itionally, olie of the lines is expected to be a 4-Inch which wo-ald
be, -undersized for tho service area, If the investigation after the, manhole installation necessitates
I I 0XP 00 he
upslzulg the 4-hich, an additional $45is ,000,00 " ted. The fiiitlal estimate tc) cOyrect t
s anitary 8 e,,Wcr system to City Standards is $7,0
The, detailed estimate for 11tilitics is attached,
if yoti nee (i Any additional information, pie, ase call pie, at 4 094 8 5 - 47 02,
A me -A M
nto" tto Hardy, Real Pyopoyty Coord ' ator
Bart B artkowiak, Director of Public Works &T0011110109Y 8 erviecs
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TEXAS
xNxEP-orxzcE MEMORANDUM
City of 13eaumont, Texas
Dates. Silly 9� 2021
J�Yjej jjayes� city manager
To:
I
From: Bart Battkowlal(3 Pub& WOYIcs & Teoluiology Director
Aj V, as,110 Ej statp . I
Subject': , )Ijbije street- request
COMMENTS
a r WatejyUtjjffies� Fite Dol)aAmen
t
Attached for your �evlow ate, to Public WWI& B-1101160TI119)
and Solid Wasto N00111MRdationg for tho A o Estate Xqu0stfOr thc City of Beaumolit to
consider accepting the privato styeuts ag Public stxeStssl
I
Solid Waste —Solid Wat9to j)X0V'd08 gatbagO service to 24-25 Wescaldov Road, ffffioCity-
0� ai
I to the roads will be, xequand to maint 'n the woight
piovideg solid v*te =Viccq, iMPX0V0In0nt8 I
, , iollat exponse to pyovide, solid waste, SUVIG03
of to garbage truoks. Thor will bo no Wait
Kublic analysis of tho styects Md drafilagO
Wory�/�Ejjf Engincoying did a survey and
a T110 existing pavement was found to bo composed of a Inixtuxe of gravel, 611*8
infra8ftucture I I
of coneyete, milling materlat and asphaft. Tho enfiro pavement- Is a Vexy poor condition and
yellabilitation, Tho drainage . inftastracttixe is compxIsed of an optn ditch and
)OTIY to
drive ,Way culvext 1jetwoAc. The ditches havo been poorly maintahicd RRd 110t gtaded prol
dral-a. A maj OrRY of the, drivowaY 0131VOIts aye lot set prop oyly to drain wator offectivelyo The'ro
are soveval biirled c-alveY49 that axe, impeding dyaInage, Tho esth-nated cost to imptove, thO
drainage, and bxIng the strects up to code is $45.5,63 0. Aoho d cost estimato is attached,
lines are, not located
Water UtIlItle$ — a yoview of- flie plat and 00118ft-aotion plans show tho watev
i �inpn utility cammont dedicated to tho City of Bcam-nont, Duo to tho urAmown condiflOn fff
t1jo waje4 and sewer lines, it is recommendc d to delay acceptance until wator inetev's are Yelo cated
to meet city standaxds and sewer Services aro verified to mt tm WINn privato pwperty. Tho
()Stlmato to construct now watey lines, sower Mies and wateT mctcr� within the Imblic x1ght-of-
-Vvay is $342,908. A delalled cost ostimato IN attached,
F ire D finent — Fio m�.�..�I Joe cox�dina reviowcd the, site, and the -Vi i Yo D op artment has
mnq_� width and load limits of. the, ojvxont privato sftloct, CkY stracts 'Rust have a.
concorns about the, rITO atatus, A joAtY of theso
75,000 pound load limit eating aud bo wigo onough for a P
streets ato nEvxow b oing apl)YOX itnate,1Y 10' tO 1
Due to the MUM widtI, of. t1je, queets, having no f1to hy&ants ajol1g, t1jo st�epts and load firnit
concenAS2 it is lecornmended to pie ject t1lo l0qjost Ilatil upgrades to t1jo arects have, bejoi-i
completed, The Fire Department ciluently pxovidesfite, pyotealon for the fftactutOlq within thO
Ileigilboyhood b-at- there arc conocyno about accessibility aad lack of- fiTe hydmts,
Ifyou have anY queqjons, please, do not hesitato to contact mal
call Cluls Toone
TYXORO Cooper
Soo Confila
Molly Villureal
Bongy Williams
Antolnettc Haldy
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AU MOENT
T E X A S
xNTER-orrxcE McMoxDUM
City of BeranmoiA5 Texas
Dar to at SIMI 30, 20211
To: Molly Villaucall P aBij MY B119111e,"
it jobn 111, EM Water Utilities Design Managet
Froiiis
if (Wesealderfflft Acres)
Subjecto AJ Fasulo r
COMMNTS
Our of-fice 11as reviewed tho AJ Fasulo Estatc (ftscaldoy/Fig Acres). T11is Xev' W nd
analysis was fil 0,81)WISO tO a TeVest for tile City to accept the prigato sueets and
hifrastivotare for OW11=1111) alid injaintella1001
A xeView of the plat and construotioll Ple"Is 811OWS that tllej Water "lles a"d SE1111tuy SiDwer line's
ato not j()C;ated withiii a dedicated utifitY MOMORto
Line Items:
b s tin-oughout the PXOPOAY M PrivatOl
All existing watox line Y on Wescaldor Rd.
2 4, Water Ineterls ato located all city city right Of wa
3, Tlie, condition of the water lines amid Yelated appurtenancos i 11111010VIL
Sewer Lino IteMS: ing pyivato .9ewer line looation is known but oxisfing ScyViGO EMS
A Sectioll of tile, oxist
are, ulih-lowng
21, The, coiAtion of the sewer fin o and rolated appurtenances 18 WAGIOW11,
I recolynnend dolaying ca=Pta160 1IRtil watcy motors aro yelocated to 111cot city stalidcards and
sanitary sewer seyvoc;es are confirined to plot x1ji, t1irougli pAvato propertY.
Attwhed is a copy of t110 watcr IMP) San'tal-y sower irap, and original plat for Y011Y WBUORGO-
v for the developino"t can bo 1)0domed, if neede(lr
A detailed review of t1jamyk order WSW Y
if you nce d any addidolla I 111forinatioll, ploase call me at 4094 8 54702 s
Antoinet-to Hardy, Rog pXopelty Coudinatoy
B av t B atticowiak, DI rcdor of P ublic Woxks & TeGhR0109Y 8 UvIces
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PRIVATE STRE L' T — INTL' ROTTICE I2LiPORT FORM
Request for Acceptance Of Mai
lltenance
a5W 363,694 c) Request Dato:
Namo of SubdivIslon 1h
AJ,f-
I to7o
&
Cif AEtorney /Appt'oved Donlal
yplannIng &,Zonlng Approved Denial
COMMENTS;
U
--A
• ol"I Date Submitted to Depadments
solid Wasto
Appi"oved
Approved
V"' Denial
vo' A Denial
WaterlSewei;
�i��� Marshalll�ppl'aued
v*' Denial
Styeets &Drainage
—Approved
v**4 Denial
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LETTERS OV
jNDBpB=BNT AI)MINISTPATION
WITH WILL AMSXED
1106 102865
THM STATX OV T)IM0 x IN COUNTY COURT
Iry p
cotmTy ov OMWBROON x �nHGON c!ouNTYf TBMAS
we do liereby
.:Eerson Colanty,
vtk cpurj t of .1
clerk o-V1P %7'th0C0
it CAROWN GUIDRY
lot cl;�Xyog
ertify that on the 3
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JWU� LA 413119t(r I %1C I A I I _qi i
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city Of Beaumont
prIvate street and Xn#ilaAtructure
Acc8ptanCo Appllcatlan
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REQUMID DOCUMENTATION SOMITTED WUHrHIS AppLjC,AU0R,
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of lho marded plat
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13
NOTICRI
13y SIGNING TUIS FORM I 0CJA RSASSWT THAT I AM A RYWRMBNTATWR OF 'THIS SUDD'V11910N PROP"RTY
OVIND, A$STL0N AND �AVB 13BENDULy AUTHORIZED TO SUBMIT THIS =1 1JESTONUAKUOP
MSERT TIIAT ALL R-EQIJHWD DOCUM-OTAWN 18 BEINQ SUDMIMI)
,MAssOMUON, AM0,11OWDY
APPLICAVON, AUO; I AGRUR TO
lfG2VRI?jr
AT TO TM OV I OR H4MTBNAVCR B y.Tng Un T OP REA UNON;rll I AS AD 0 PTJ3 D
PRI VA TH S MEB N No INFJ?ANTR 3WORMATION
j3y r ff M,Clr ry C01INCIL 0FrHH C,Ty Oy OBAUONT, FMXASI I WO D130LATM WAT Tlil
pliOVIDED ON Tfl IS rIORM 115 TRUE AND CORRVIOTt
POO
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81WAPMOFAUTHOWBOA0
ONATUO OF AUTHROMUD A(3PNP
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PETITION �o�„�cc��r�Nc� 01? p�iNA�c STAEETS AND IN��AST�UCT{
Tha undersigned ownW of reel proporty Abutting or haviug solo legal accns to Alta llowftor road in 010 QY of
Benumont, xeffemn Cnuniy,'rexas, too hereby f1to this, 0101r p41i1inn, with ilie City of-noauinonf, A majority �
Of siiWrt (two-Airds) by ji►@ proiolty ownetS is tecluirad to initiate tie W4OM109 Of prtv* siraets•nnd
WMtRicturo by tho City pf Bwmont, A, oapy of RasoSut'son No, 17,mO73 npptavot! by City Council N ;
aitaclieci providing tho guidelines for RcacPlnnce of Ovate stteots gad inftashuciuea for mninfenmee by tilt4 ,
City oflBeavlmont 4s isbolec! Ex1fiUit "A„
• Name of Subdivision; Vasulo A c0s
I-M-
Submit rehtian t#; city of Beaumont �n�ineeaing Aivls�o��
PWNTETI NAME 8c ADARES,S SIGNATURE �'AIt,CTL ID NilM1��R
(h ins tGeTe lble
SUM %\\tmcm
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BEAUM41)NT
PublicWorks
PRIVATE SMET
Request for Acceptance of Mifttennnce
Na�otSuhdlvislen.�, �l � rt�5 Dft�
ar nru N.ChECKUST
I.ettuof RaqO
date ReoelvAl
EasementDWment(s)
Data ROCAWA._...w
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CDPY Of OW NSW*O$
pats ROMW "It.�..
AFIA'-
Cry of Home owwa Am&5on kmMmenla
Dais R008w:
vo",
Logy of RMxM plat
Date RoaMAIII
WA-.
Al Rewds of Past Gons#rcdon &Rspalrs
Date NOW, ...�
kh.
Home Qwriers Awdaft Byfws & Rules
Date ReWW:
t/
Private StwtAv*pWno9 AppbOon
Date Recowla ,.�.
Reco*d Mw1w Vote fbr P6M Slat
DateReoetved;
Please submit the above item marked with an'7{" wi#din thirty (30) days bm ths signed date bolow so your request is not
delayedo
A*betto Hardy Rafio
Real propet CQordlnaWr
Aflao-,L 400.680,53725
Email: 03*0ho"MontwxAgagov
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abovat PIO foXiag"nij D6nistmont, Win aaun�wlqdq c a ma bb AL 010
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city of Buuumout
PxIvute Street and I ,uftastruckure
Acceptance AppHCt111Ut1
Date �..�Y ap�l
Fto IAM ff
subdivislork Name!
d1MmftAdi A AWALIM t
Contaot Name Address zip Phone
YAO,il u_ii.M.N - 1v
a499`Weseal�avrol�77707 e)ll i��gahoa���+nh 0
OPM
REqumm)OCUMENTATION SUBMITMD WITH THIS AFI'LICA'I`IUN51
p�iciofthcmorctalplat
Coutructloa and imintoutmoo racords l'olloax au(I my amondmonts
El Hgmo Ownere Anoolallon 01el, deed 081t
0 Rvordod Mombu Vote v4ft0111118 PrIvAto Rtm*) to b000mo pubb stroof(s)
I
NOTIC94
13Y SIONIN(I T141 8 FORM I ASSMIT THAT I AM A RRHMSUNWIVE OF THIS 8RDIVISION PROP BRTY
pwgmy 68,10CINFION AN D N4VJ3J3HRNDULY AUTHORLUD rfO SUBMIT TI�S REQUEST ON 13 RfIA-LV,.Orr
rflUMS00AZON, ALSOoIMRBDYASSBRTTITATA14LIWQUIREDDOCUMIMAIIQNISDEIN(ISUB�IWM
� A
N TIM MW OF APPLICATION, ALS04 I AID TO ADHBR]3 TO THE "GUIDBUMAY FAR ACCUM&CH r
pj yA W N M;p AM jNVMSTR U67VI?H FOR A pMTjUjVANVR B y VIR CITY ff, PM UA IONVII I A 8 WPTJ3 D
13y THU 0JTY COUNCIL Ou T1113 CITY ITV OBBONT, FIBMS,"I AMO D KLARB T14AT TH8 IN F 0IMT10N
V10VJVB)) ON THIS FORM 18 TRUB AND CORIMM
11 SIGNATM O.V, AUMOMBD AOBNT IDATR
•
8 1(3NATtjRB ()r, AU7ffR0jZBD AWNT
■
A&MBP BY11 DATE IMCB1VED:
I
IBEAUMON.,*
VUH141C WORKS 0HpARTMk;NTYMC1NEERINC UxV1sION
r IRTITION POR ACCRk'ICANCE UF PRIVN CH STRR H'PS AND INS"RASTRUCTURG
"116 mdorslgnoci owitats of roll proporly abuttittig or having tinla jogtil ncccss to tho heronflor rond in tlaa City of
Downit JoNmti County, Tom, do homby fl10 this, chair polidon, wile tlio City of Beaumont. A mpjarity
ef suppoh (Ivolhirds) by tha prollarty awnw, is roqifireci to initinto ilia uccoptnnco of private streats and
itt�asln�cturo by tlyb City of nowltnnt, A copy of Resolution Na, 17,073 qpsaved Gy Ciiy Council is
attachat providiing Oio Suidofiiios fbr acceptonco of private streets and inftasiruoturo for maintcnuno by tho
CiV ofhauntant as lab-olod lixttibit "A",
NonreafSuMlivislon; 'llri' faBt1�d E. P,c, �GreS J��d��1i
v
t�tsiw���ue
Nnmo: IV IA Cndltkdlo��� NINO: JA �O�r✓1RI-9G7,`1
Gmail: N/A &A,ft11M06iM4,Wf1'*1
Submit Petifiion #o= City oP Dowmianf U, nghneerhtg Uivisiotl
PRINTED NAME & AUDRESS SIGNATURE PARCEL IIl►NUMBER
n�astbele tble
Z T"s 4400#vAr" Ji I ry1GnYe A.
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BrlWMOM 1' 'prw 'I`I"lo'1.L
8
P " P1- 3: Request for the conveyance and dedication f private streets and Infrastructure
o the City of Beaumont.
Applicant: Scott Holt rn n and the heirsof the A.J. Fasulo Estate Fig Acres Addition)
Location: 2405 — 2499 Wescalder Road
100 200 300
1 1 Feet
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DATE: September 18, 2-023
TO: Planning Commission and City Council
FROM: Derni Engman, Planning Manager
SUBJECT: To consider a request for s Rezoning from R-3 (Residential Single -Family
Dwelling) to GC -MD (General {brnrnercia\ —W1u|t\p|e-Fanmily Dwelling) or a more
restrictive district.
FILE: PZ2023-233
STAFF REPORT
This item was tabled from the August 21, 2023 Planning Commission meeting due to a lack of
Nancy Resendezisrequesting approval, for aRezoning from R-S(Residential Single -Family
Dwelling) to GC -MD (General Commercial — KAo|t\p[e'FannUy DvveU1ng) for the property located
at 1845S. Major Drive. This property abuts GC-MD-2 zoning district and is near the
intersection ofMajor Drive and Washington Boulevard, two major arterial streets. [ornrnon
planning practices encourage commercial uses along arterial and collector streets. However,
this site abuts residentially zoned property on the east, south and west sides of the property.
Staff recommends approval of a Rezoning from R-S to GC-MD-2 (General Commercial — Multiple
Family Dwelling-2). This district would require a Specific Use Permit for any commercial use,
affording the neighboring properties the benefit Ofadditional notifications and public hearings
before such use could beestablished onthe property. The owners are selling the property
contingent upon the results ofthis case.
Exhibits are attached.
PUBLIC NOTIFICATION
Notices mailed toproperty owners 38
Responses in Favor Responses in Opposition
LEGAL DESCRIPTION FOR ORDINANCE PURPOSES
Being Lots 17'I9, Block A. Mayfair Addition,, Beaumont, Jefferson County, Texms, containing
215acres more orless,
GENERAL INFORMATIONIPUBLIC UTILITIES
PROPERTY OWNER:
LOCATION:
EXISTING ZONIN.G:
PROPERTY SIZE:
EXISTING LAND USES:
FLOOD HAZARD ZONE:
SURROUNDING LAND USES:
NORTH: Commercial
EAST: Residential
SOUTH: Vacant
WEST: Residential
COMPREHENSIVE PLAN:
STREETS:
DRA1NAGE:
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-yea r
flood plain.
SURROUNDING ZONING:
GC-MD-2 (General Commercial — Multiple-Farnily
Dwelling — 2)
R-S (Residential Single-Farnily Dwelling) District
R-S
R-S
Stable Area
Major Drive — Arterial, State Highway (FM 365),
with 140' wide right -of- way and 67" pavernent
width.
Curb & Gutter
6" Water line
8" Sanitary sewer line
PROPERTY OWNERS NOTIFIED WITHIN 2001
ADAMS HENRY
ALI IAHIL
BERGA►N A EDER JA IIER MATT S
CITY OF BEAUM NT
HARDY 'BERT & ANTINETTE
JEFFESN COUNTY D D
NEFF PATE ICK E & ERICA L
NERLANDREIAL
NUCHIA E' ELYN P ULI E ESTATE
IlEN JERRY WAYNE
SIKH CENTER SOUTHEAST TEXAS
S'fAN ACQUISITION LIMITED
TRISTAN COLBY J
TRUNG PHAT K & LIEN THI LE
TRUONG PHAT KIM
PULUM> ARIT PABL
MOAKTWSR
MOORE RAY M
MRAN PARTNERS LP
PASCHAL i1ARTHA
HALTON KATH RYN
HALTOM J AN N
HALTOM RAN D LP H ALLAN
H A LTO M F R I EST E J R
HALTM JERRY L
HALTM DAYN E E
HALTM GUY T
NANCY KLINE fESENDE
''IARTHA PASCHAL
gEAUMIONT
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:
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-wile Nancyr59@yahoo.com
Home Phone:
Work Phone:
Cell Phone: 4097196543
E-Mail:
Agent
Nancy Resendez Home Phone:
10310 Dominion Ranch Drive Work Phone*
Port Arthur, TX 77640 Cell Phone: 4097196543
E-Mail: Nancyr59@yahoo.com
Legal Description Lots 17-19, Block A, Mayfair Addition
Number of Acres 2.15
Proposed Use
Notes:
Case Type: Planning and Zoning Page 1 of 1
Case #: PZ2023-233 Printed On: 6121/2023
To Whom It My Concern
We have a potential buyer that is very interested in the property that is listed at,
Lega I Des cri ption: MAYFAI R L 19 B L K A TR 1 U N D 12.5% 1 N T I N 779 AC = .0974
A.K.A 000 S. Major Drive.
It is now zoned residential. For her to purchase this property we need it to be zoned corns nercial.
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
PZ2023-4233:' 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
DATE: September 18, 2023
TO: Planning Commission and City Council
FROM: Derni Engman, Planning Manager
SUBJECT: Consider a request for a Rezoning from R-S (Residential — Single- Family Dwelling)
to RM-H (Residential Multiple Family —Highest Density) or a more restrictive
district.
FIDE. PZ2023-315
STAFF REPORT
Kendrick Martin of Martin Home Solutions LLC, requests a Rezoning to a 0.15 portion of
property located just south of 2315 Rusk Street. Currently, the property has split zoning of R-S
(Residential Single-Farnily Dwelling) and RM-H (Residential Multiple Family —Highest Density).
Mr. Martin is requesting such so the entire property can he zoned as RM-H to develop an
apartment complex.
According to our City's Comprehensive Plan the property is located within the "'Conservation
and Revitalization " area, Such areas are "built up areas where a significan t portion of the area is
experiencing influences such as incompatible land uses, dilapidated infrastructure, and a decline
in population and in the number of housing units and businesses. Immediate actions are
needed to prevent continued deterioration and to reverse and repair those conditions. '"This
request appears to align with our City's Comprehensive Plan of Beaumont and a viable
development plan to aid growth to this area.
Staff recommends approval of the request.
Exhibits are attached.
PUBLIC NOTIFICATION
Notices mailed to property owners 22
Responses in Favor Responses in Opposition
LEGAL DESCRIPTION FOR ORDINANCE PURPOSES
BEING aO.15acre tract out of the Noah levisSurvey, Abstract 52Jefferson County, Texas; said
O.1Sacre tract being aportion ofaO.G282acre tract described |naconveyance toMartin Horne
Solutions, LLC as described in ClerWs File No. 2021044534 of the Official Real Property Records
of Jefferson County, Texas) said 0.15 acre tract being more particularly described as follows:
BEGINNING at the southeast corner of Lot l- in Block 17 of Oaks Addition, a subdivision plat
recorded in Volume 3, Page 149 of the Map Records of Jefferson County, Texas; said point
being onthe west line of7thStreet and being the northeast corner ofthe herein described
tract;
THENCE South 03~21'19" East along the west line of7th Street and the east line ofthe said
0.6282 acre tract, a distance of 54.7 feet to the southeast corner of the herein described tract;
THENCE South 86'45'20" West across the said 0.6282 acre tract, a distance of 148.87 feet to
point onthe west line ofthe said 0.6282 acre tract; said point being the southeast corner of Lot
4, in Block 17 of the said Oaks Additio,n; said point being the southwest corner of the herein
described tract;
THENCE North 03"20'41" West along the west line of the said 0.6282 acre tract and the east line
of said Lot 4, a distance of 54.7 feet to a point being the northwest corner of the said 0.6282
acre tract and the southwest corner ofsaid Lot l;said point being the northwest corner ofthe
herein described tract;
THENCENorthOG~45`2O"EastalongthenorthUneofthesaidO.6382acretractanddlesouth
Hne of said Lot 1_ a distance of 148.87 feet to the P(}\NT OF BEG |NN\NG, and containing 0.15
acres ofland, more orless.
GENERAL INFORMATION/PUBLIC UTILITIES
PROPERTY OWNER:
LOCATION.:
EXISTING ZONING:
PROPERTY SIZE:
EXISTING LAND USES:
FLOOD HAZARD ZONE:
SURROUNDING LAND USES:
NORTH: Residential
Kendrick Martin
Martin Home Solutions, L.L.C.
South of 2315 Rusk Street
RS (Residential Single Family Dwelling)
acres
Vacant
X — Area determined to be outside the 500
year flood plain.
SURROUNDING ZONING:
RS (Residential Single Family Dwelling)
EAST: Residential RS (Residential Single Family Dwelling) and RM- H
(Residential Multiple Family — Highest Density)
SOUTH: Vacant Rini-H (Residential Multiple Family —Highest
Density)
WEST: Residential
COMPREHENSIVE PLAN4
STREETS:
DRAINAGE:
WATER:
SANITARY SEWER SERVICE:
RS
Conservation and Revitalization
71" Street — Local street with 60' right-of-way and
18' pavement width.
Smart Street — Local Street with 50' righ-of-way
and 19' pavernent width.
open ditch
211 water line
12" Sanitary sewer line
PROPERTY OWNERS NOTIFIED WITHIN 200 rUT
RIOS 1UAN M
TOC{70RIS DAVID
CHAMPAGNE JANE R. & CARL
TAYLOR THEl.MA
URRUELA ANA KARINA
IBARRA GERARDO & SARA E
GAfiCIA BALTAZAR
JQNES PAT
PALM SPRINGS LAKES PROPERTIES LLC
MARTIN HOME SOLUTIONS LLC
CANDELAREAJUAN
HILLIARD ft E ESTATE
BEATTY JONN
FONTEIVOT QENSOIV CARMAN
FONTENOT DANNY
CITY OF BEAUMONT
UNION PACIFIC RAILROAD CO
HENDERSON WILLIAM J
LOPEZ PEDRO & ROSA OLVERA(CD)
FiENDERSOiV WIl.LIAM J JR
LOPEZ PEDRO & ROSA OLVERA
LOPEZ PEDRO & ROSA OLVERA
BEAUM
O NT
Planning & Community Development
Case Type. -Planning and Zoning Case Status: REVIEW
Case Sub Type: Rezone Tag Name: Rezoning from RS to RM-H
Case M. PZ2023-315 Initiated On: 7/19/2023 3,38:50PM
Location: South of 2315 Rusk Street
Individuals listed on the record:
Applicant
Kendrick Martin
123 Lindsey St
Silsbee, TX 77656
Owner
MARTIN HOME SOLUTIONS LLC
Missing Address, City, State, or Zip Code in People
Home Phone,
Work Phone:
Cell Phone: 4096589140
E-Mail, kendrick.l.martin@gmail.coni
Home Phone:
Work Phone:
Cell Phone,
E-Mail:
Legal Description SE PT LT 17 OAKS HEBERT PARK
Number of Acres 0.62
Proposed Use Apartment complex
Notes:
Case Type: Planning and 7oning Page 1 of 1
Case#: PZ2023-3 15 Printed On: 8/2512023
Kendrick Martin
Martin Home Solutions LLC
123 Lindsey St.
Silsbee Texas 77656
Subject: Rezoning of 0000 Smart St.
The letter serves as a request to completely rezoning of 0000 Smart Street to the parcel at the corner of
smart and 7 Ih RMH from RS in order to build a 16 unit apartment complex.
Kendrick Martin
Martin Horne Solutions
(4a9) 658-9140
FAUS7 Engineering and Surveying, Inc.
8
Professional Engineers and Professional Surveyors Telephone (409) 13-3410
E-MAIL ADDRESS INFOOFAUSTENG.COM Fax (409) 813-3484
5550 Easton Freeway, Suite 0
Beaumont, Texas 77708
Surveying Firm No. 10002400
Engineering Firm No. F-4800
METES AND BOUNDS DESCRIPTION
FOR A
0.15 ACRE TRACT
OUT OF THE
NA H TEVIS SURVEY ABSTRACT 52
BEAUMONT, JEFFERSON COUNTYj TEXAS
THE PURPOSE OF THIS DESCRIPTION IS TO REZONE A PORTION OF A 0.6282 ACRE TRACT. THIS
DESCRIPTION IS BASED ON THE PROPERTY CONVEYANCE. THE SURVEYOR DID NOT PROVIDE A
BOUNDARY SURVEY WITH THIS ME-FES AND BOUNDS DESCRIPTION.
BEING a 0.15 acre tract out of the Noah Tevis Survey., Abstract 52,, Jefferson County, Texas; said
0,15 acre tract being a portion of a 0.6282 acre tract described in a conveyance to Martin Home
Solutions, LLC, as described in Clerk's File No. 2021044534 of the Official Real Property Records
of Jefferson County, Texas; said 0.1S acre tract being more particularly described as follows:
BEGINNING at the southeast corner of Lot 1,, in Block 17, of Oaks Addition, a
subdivision plat recorded in Volume 3,, Page 149, of the Map Records of
Jefferson County, Texas; said point being on the west line of 71h Street and being
the northeast corner of the herein described tract;
THENCE South 0302111911 East along the west line of 7Lh Street and the east line
of the said 0.6282 acre tract,, a distance of 54.7 feet to the southeast corner of
the herein described tract;
THENCE South 8604512011 West across the said 0.6282 acre tract., a distance of
148.87 feet to a point on the west line of the said 0.6282 acre tract; said point
being the southeast corner of Lot 4, in Block 17, of the said Oaks Addition; said
point being the southwest corner of the herein described tract;
THENCE North 03"2014111 West along the west line of the said 0.6282 acre tract
and the east line of said Lot 4., a distance of 54.7 feet to a point being the
northwest corner of the said 0.6282 acre tract and the southwest corner of said
Lot 1; said point being the northwest corner of the herein described tract;
23331 Smart Street Rezoning
THENCE North 8604S20" East along the north line of the said 0.5282 acre tract
and the south line of said Lot l, a distance of 148.87 feet to the POINT OF
BEGINNING, and conta(ningO.15 acres of land, more or less, .
This description was prepared under the supervision of Richard F. Faust, P.E., Registered
Professional Land Surveyor No. 47OZ.
Richard F. Faust,P.E.
z
x
Pec ri pm]" sl
w4t evi pff)
X
gV
RVROJECT SITE
k
VICINTY MAP
NTS
RUSK STREET
LOT 4, BLOCK 17
OAKS ADDITION
— 1 —4— — —
LOT 9. BLOCK 17
OAKS ADDITION
THE PURPOSE OF THIS PLAT IS TO
IDENTIFY THE LOGNflON OF A
REZONING FROM R—S TO RM—H.
LOT 1, BLOCK 17
OAKS ADDiTION
poi3
t4 EIW4-5
0.15 ACRE TRACT TO BE
REZONED FROM TO R-S
TO RM-H
///s'8�45'20w W
00
�4 J48.87'
CALLED 0.6282 ACRE TRACT
MARTIN HOME SOLUTIONS LLC
GF# 2021044534 ORPRJC
------s-86-4-5'33�4W �148.91
SMART SVEET
PLAT OF A 0, 15 ACRE
TRACT OUT OF A
0.6282 ACRE TRACT
NOAH TEVIS SUURVEY,
ABSTRACT 52
BEAU MONT, JEFFERSON
COUNTY, TEXAS
RICHARD F. FAUST
REGISTERED PROFESSIONAL LAND SURVEYOR NO. 4782
ENGINEERING RRU REGIS7RA 77ON O. 4500
SURVEnNG FIRM RECIS7RA770M NO. 100024-00
ENG'INEEMNG AND SURVEYING37ING.
ss 5 a FASTEX F RC WAY, WiT E 0 BEAU MON T. TF XAS 777 tIr 3
(40§1 a 13-341 D FAX(40;)613-a4E4
v
az
PZ2-023-315,. Request for a Rezoning from R-S (Residential - Single-FamilV Dwelling) to RIM-H (Residentia
multiple Famil v—Highest Density) or a more restrictive district.
Applicant: Kendrick Martin
Location: South of 2315 Rusk Street
0 100 200
peer
DATE: September 18, 2023
TO: Planning Commission and City Council
FROM: Demi Engman, Planning Manager
SUBJECT: Consider a request for an Amended Specific Use Permit to allow a residential care
facility in the RM-H (Residential Multiple Family —Highest Density) District.
F|LE: pZ2023-848
STAFF REPORT
Daniel Jeans ofthe H.OVV.Center isrequesting approval ofanAmended Specific Use Permit
(SUP) to allow a residential care facility located at 1094-1098 Cottonwood Street. This proposal
was originally presented atthe March 2[l2Q23Planning Commission todevelop atwo-story
dormitory, off ice space and parking lot for the H.O.W. [enter. However, Mr. Jeans would like
todevelop aone-story dornn\toq�office space and parking lot, such change has expanded the
building to be closer to northern residences, thus necessitating an Amended SUP. TheH.C].VV.
Center is a facility offering room and board for men with substance abuse issues.
Section 28.04.006 of the C\m/s landscaping ordinances states, "on increase in the size of an
existing parking lot hwtwenty-five (25)percent /nthe number nfparking spaces ormore shall
require the entire parking lot, inaddition to the twenty-five (25) percent expansion, to be
brought into compliance with this section-" The submitted site plan appears tocomply with this
regulation.
Staff recommends approval of the request with the following conditions:
1. Construction plans shall comply with all applicable Building and Fire Code and
2. Construction plans must meet all requirements by Water Utilities for water and sanitary
sewer services, including any requirements of the Citys back -flow, pre-treatment
and/or FOG program.
3. Sanitary sewer line shall be tied to the City line located in the alleyway orto
Cottonwood Street.
4. The existing water meter located inthe proposed driveway along Cable Avenue must be
moved orabandoned.
Please note that final occupancy approval is subject to review and acceptance of submitted
plans and field inspections to verify compliance with applicable codes.
Exhibits are attached.
PUBLIC NOTIFICATION
Notices mailed to 27 property owners.
LEGAL DESCRIPTION FOR ORDINANCE PURPOSES
Being Lots 1-3B|mck 400orth Addition, Beaumont, Jefferson County, Texas, containing O.483
uxIu|Vc%.q
CONDITIONS FORAopROVA-OF SPECIFIC USE PERMIT
(SECTION 28-26^E� ZONING ORDINANCE)
Application Application
is in |snot in
nn U noe compliance
Conditions'
1.That the specific use will becompatible with
and not injurious tothe use and enjoyment of
other property, or significantly diminish or
impair property values within the immediate
2.That the establishment ofthe specific use will
not impede the normal and orderly development
and improvement ofsurrounding vacant
3.That adequate utilities, access roads, drainage
and other necessary supporting facilities have
been orwill beprovided; x
4.The design, location and arrangement ofall
driveways and parking spaces provides for the
safe and convenient movement ofvehicular and
pedestrian traffic without adversely affecting the
general public oradjacent developments; x
5.That adequate nuisance prevention rneasures
have been orwill betaken toprevent orcontrol
offensive odor, furnes,dust, noise and vibration; X
6.That directional lighting will beprovided soas
not todisturb oradversely affect neighboring
properties; �
7.That there are sufficient landscaping and
screening toinsure harmony and compatibility
with adjacent property; and, x
Q.That the proposed use oinaccordance with
the Comprehensive Plan. x
Discussion
in Staff
Report
GENERAL INFORMATION/PUBLIC UTILITIES
Daniel Jeans ofthe HO.W.Center
OWNER:PROPERTY
U.O.VV.Center (Daniel Jeans)
LOCATION:
1O94-lO98Cottonwood Street
O
R��'H (Residential Multiple Family Dwelling
--
Highest Density)
SIZE:
PROPERTY '
—0.483 acres, more or less
USES:EXISTING LAND
Partial parking lot and garden
FLOOD HAZARD ZONE:
X—Area determined to be outside the 500
yearfloodp\a|n.
SURROUNDING LAND USES:
SURROUNDING ZONING:
NORTH: Vacant
RM-H (Residential Multiple Rarnik/ Dwelling —
Highest Density)
EAST. Residential
GC -MD (General [ornrnenja\ Multiple -Family
Dwelling)
SOUTH: Commercial
RM'H
WEST: Residential
RM-H
PLAN:COMPREHENSIVE
Conservation and Revitalization
STREETS:
Cable Avenue: s a GO' d with a 30/mide
pavement width.
Cottonwood St: 1saGO/ right-of-way with an 18'
pavement width.
DRAINAGEO
Open ditch along Cottonwood and curb and gutter
along Cable Avenue
WATERG"
.
water line along Cottonwood
SANITARY SEWER SERVICE:
8H sanitary sewer line along Cottonwood
PROPERTY OWNERS NOTIFIED WITHIN 0 FEET
H 0 W CENTER
H 0 W CENTER
H 0 W CENTER
GUTIERREZ J SE VINICIO St ODAUS E
COLEMAN LEE 84 GE IEVA
C LEMA 1 LEE 91 GE EVA C LEMAN
DAVIS BENDY ESTATE
FOWLER CL'EON WILLARD
LIFE LINE FELLOWSHIP MINISTRIES
LEi ELL HERMA ! LEE JR
CORM IER DWIGHT & TALITHA
GENTRY REGINALD K ET UX
SPIKES CALVI I
SPIKES CALVII
ALFRED T MMIE
JAMES AL.ICE MAE
H 0 W CENTER
MAYFIELD MICHAEL RINIE
G RRELL WILLIAM
GRRELL VERLIE
RYA N T L U I S D III
LAFLEUR WILLIE T
LAFLEU R LOU ERTA 84 VI LLI E T
H 0 V CENTER
FIEGIA SAMUEL J JR
CLLAS JAMES R
E U BAIL IDS D[V I E
BEAU ill
C3 NT
Planning & Community Development
Case Type:Planning and Zoning Case Status: REVIEW
Case Sub Type: Specific Use Permit Tag Narne: Revision/Amend SUP
Case #: PZ2023-348 Initiated On: 8114/2023 12:23:45PM
Location: 1098 COTTONWOOD ST, BEAUMONT, 77703
Individuals listed on the record:
Applicant
Daniel Jeans
2509 Cable Avenue
BEAUMONT, tx 77703
Property Owner
Daniel Jeans
2509 Cable Avenue
BEAUMONT, tx 77703
Agent
Richard Pause
5550 Eastex Freeway, Suite 0
Beaumont, TX 77701
Agent
Matthew Duplissey
7354 S. Major Drive
Beaumont, TX 77705
Agent
Aaron Ward
Missing Address, City, State, or Zip Code in People
Case Type: Planning and Zoning
Case #: PZ2023-348
Home Phone: 7138238565
Work Phone',
Cell Phone: 7138238565
E-Mail- howcenterbeaumont@grnail.com
Home Phone,
Work Phone:
Cell Phone:
E-Mail: howcenterbeau mont@gmail -corn
Home Phone: 409-813-3410
Work Phone:
Cell Phone: 409-813-3410
E-Maii: richard@fausteng.com
Home Phone: 409-351-3368
Work Phone,
Cell Phone'.
E-Mail: matthew@m3ranger.corn
Home Phone:
Work Phone,
Cell Phone*
E-Mail, aaron@fausteng-coM
Page 1 of 3
Printed On: 8/2512023
B
EA MO NT
Planning & Community Development
Legal Description
Being Lots 1-3. Block 40, North Addition, Beaumont, Jefferson
County, Texas.
Number of Acres
0.16
Proposed Use
Housing/Dorm for Individuals in Recovery
That the specific use will be
The granting of this request w1il not be injurious to the use and
compatible with and not injurious to
enjoyment of other
in the area. The H.O.W. Center has severai properties
the Use and enjoyment of other
properties
property, nor significantly diminish or
impair property values within the
within this area and the
construction of this building will allow the removal of older buildings
immediate vicinity
and an upgrade in
KOW Center services to the community. The approval of this
application will enhance
the neighborhood.
That the estabil is hment of the specific
The granting of this permit will not impede the normal development of
use will not impede the normal and
the surrounding
area. The neighborhood is an older area and the addition of this
orderly development and improvement
of surrounding vacant property;
facility will provide new,
modern structure for the area.
That adequate utilities, access roads,
The granting of this permit will not require additional supporting
drainage and other necessary
supporting facilities have been or will
facilities. Utilities are
available along Cottonwood Street a.nd Cable Street. Drainage will be
be provided
provided by the
City of Beaumont facilities.
The design, location and arrangement
The proposed building will include a paved parking area and
of all driveways and parking spaces
driveways will provide for
the and convenient movement of traffic within the area and will
provides for the safe and convenient
safe
movement of vehicular and pedestrian
not adversely affect
traffic
vehicular or pedestrian traffic.
That adeqUate Mlisance prevention
The granting of this permit will not create offensive odors, fumes,
measures have been or will be taken
dust, noise, or vibration.
to prevent or control offensive odor,
fumes, dust, noise and vibration
That directional lighting will be
Directional lighting will be provided so as not to disturb or adversely
provided so as not to disturb or
affect neighboring
adversely affect neighboring
properties.
properties
That there are sufficient landscaping
The landscaping and screening meets the City of Beaumont Zoning
and screening to insure harmony and
compatibility with adjacent property
Ordinance
requirements and will provide sufficient screening to insure harmony
and compatibility
with the adjacent properties.
That the proposed use is in
The granting of this permit will be in accordance with the
accordance with the Comprehensive
Comprehensive Plan.
Plan
Case Type: Planning and Zoning Page 2 of 3
Printed On: 8/25/2023
Case #: PZ2023-348
FAUSTEngineering ���l��Surveying, Inc. and ' °°
Professional Engineers and professional Surveyors Fax (409) 813-3484
sssoso,texFreeway, Suite o
Beaumont, Texas 77708
Surveying Firm No. 1000z400
Engineering Firm No. p-4000
City o=Beaumont
Planning and Zoning Commission
8OlMain Street
Beaumont, Texas 77701
ToWhom ItMay Concern:
Re: Specific Use Permit Application — 1098 Cottonwood Street, Beaumont) Texas
Faust Engineering and Surveying, inc, is presenting a Specific Use Permit Application for the
property atlD98cottonwood Street, Beoumont,Texas. The site will beused for adormitory and
office space for the H.Q.VV.Center. The HOVV.Center provides asafe place for aman recovering
from alcohol or drug abuse. Following successful completion of a treatment program or life
changing crisis, some recovering men have no supportive place in which to live during the
transition from, a hopeless existence to a normal, productive life, H.O.W. Center offers them o
low-cost., drug -free, supportive environment during this crucial time in their lives.
In granting the permit, please note the following:
m The granting of this request uiU not be injurious to the use and enjoyment of other
properties inthe area. The H.O.VV.Center has several properties within this area and the
construction of this building will allow the removal of older buildings and an upgrade in
H.O.W. Center services to the community. The approval of this application will enhance
the neighborhood.
� The grianting of this permit will not impede the normal development of the surrounding
area. The neighborhood is an older area and the addition of this facility will provide new,
modern structure for the area.
m The granting of this permit will not require additional supporting facilities. Utilities are
available along Cottonwood Street and Cable Street. Drainage will be provided by the
City ofBeaumont facilities.
w The proposed building will include a paved parking area and driveways will provide for
the safe and convenient movement of traffic within the area and will not adversely affect
vehicular or pedestrian traffic.
J)ow specific use pert -nit 2.8.23
Specific Use Permit Application
1098 Cottonwood Street
February 8, 2023
0 The granting of this permit will not create offensive odors., fumes, dust, noise, ervibration.
Directional lighting will be provided so as not to disturb or adversely affect neighboring
properties.
The landscaping and screening rneets the City of Beaumont Zoning- Ordinance
requirements and will provide sufficient screening to insure harmony and compatibility
with the adjacent properties
a The granting of this permit will be in accordance with the Comprehensive Plan.
if you have any questions, i may be reached by telephone at 409-813-3410.
For The Firm,
F(-.JL % ratit
Richard F. Faust, P.E.
Faust Engineering and Surveying, Inc.
2 Page
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BEAUMONT, TX 77703
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PZ2023-348: Request for an Amended Specific Use Permit to allow a residential care facility in the RM-H
(Residential Multiple Family —Highest Density) District.
pplicant: Daniel Jeans of the H.O.W. Center
Location: 1094-1098 Cottonwood Street
0 100 200
1 , __ I I - I F ee ett
DATE: September 18,2023
TO: Planning Commission and City Council
FROM: Derni Engman, Planning Manager
SUBJECT: Consider request for a Specific Use Permit to allow an event hall in the [BD
(Central Business District) District.
FILE: PZ2023-351
STAFF REPORT
Richard Gilbert of GP Realty and Management, Inc, is requesting approval of a Specific Use
Permit toallow anevent hall tobelocated at68OOrleans Street, They intend to host events
such asweddings, receptions, anniversaries, birthdays and more. The hours ofoperation will
befrornl2prntorn\dn|Qhtandhaveseven /7\ennployees. Securhvwi1|bepresent ateach
event and all food will becatered. Off-street parking requirements are exempt from
development in the Central Business District.
An event hall will naturally bring people into the downtown planning area, which could bolster
economic activity and aid in efforts of revitalization. it should be noted, a stop work order was
issued April 28/2OZ3hvBuilding Codes staff for the addition ofadeck tothe west side ofthe
building, protruding into the parking lot. For compliance, abui|d1ngpermit and inspections will
be necessary to obtain for the addition.
Staff recommends approval of the request with the following conditions:
1. Construction plans shall comply with all applicable Building and Fire Code and
2 Construction plans must meet all requirements by Water Utilities for water and sanitary
sewer services, including any requirements of the Citys back -flow, pre-treatment
and/or FOG program.
3. Must obtain a building permit and complete all necessary inspections for the addition.
Please note that final occupancy approval is subject to review and acceptance of submitted
plans and field inspections toverify compliance with applicable codes.
Exhibits are attached.
PUBLIC NOTIFICATION
Notices mailed to 27 property owners.
LEGAL DESCRIPTION FOR ORDINANCE PURPOSES
Being Lots 3l7.31O, 318.328and eastern 4Q'ofLot 32O^Original Tow/nsiteofBeaurnont
Amu!vq\q
CONDITIONS FOR APPROVAL C]FSPECIFIC USE PERMIT
(SECTION 28-26.E) ZONING ORDINANCE)
Application Application
is in isnot 1n
compliance compliance
1.That the specific use will becompatible with .
and not injurious totheuseandenjoyment of
other property, orsignificantly diminish or
|nnpe\r property values within the immediate
vicinity; x
Z.That the establishment ofthe spedficuse Will
not impede the normal and orderly development
and improvement ofsurrounding vacant
property; _______
3. That adequate utilities, access roads, drainage
and other necessary supporting facilities have
been or will X\beprov�de��
4.The design, location and arrangement ofall
driveways and parking spaces provides for the
safe and convenient movement ofvehicular and
pedestrian traffic without adversely affecting the
general public oradjacent developments; x
S.That adequate nuisance prevention measures
have been orwill betaken toprevent orcontrol
offensive odor, fumes, dust, noise and vibration; X
8.That directional lighting will beprovided soas
not Lodisturb oradversely affect neighboring
properties; �
7.That there are sufficient landscaping and
screening toinsure harmony and compatibility
with adjacent property; and, x
8That the proposed use is{naccordance with
the Comprehensive Nan. «
Discussion
in Staff
Report
GENERAL INFORMATIONIPUBLIC UTILITIES
PROPERTY OWNER:
PROPERTY SIZE:
EXISTING LAND -USES-9
ZONE:
FLOOD HAZARD
SURROUNDING LAND USES.,
NORTH: Cornrnenda\
EAST: Cornrnenda|
SOUTH: Commercial
WEST: [ornnnencia\
COMPREHENSIVE PLAN:
SANITARY SEWER :
Richard Gilbert ofGPRealty and Management, Inc
GPRealty and Management, Inc
G9OOrleans Street
CBD (Central Business District)
~O.lG5acres, more orless
Vacant .
X—Area determined tobeoutside the 5OO
yearfloodp|ain.
SURROUNDING ZONING:
CBD (Central Business District)
CBQ
CBO
Central Business District
Orleans Street: saSecondoryArter1alvvitha5[y
[iQht'of-vvaywith a3[Ypavement width.
Forsythe Street: isalocal street with S5/ right-of-
way with a 40' pavement width.
Curb and Gutter
5"water line along Orleans Street
lS"sanitary sewer line along Orleans Street
PROPERTY OWNERS NOTIFIED WITHIN 0 FEET
INDIGENT HEALTH CLINIC OF
A & B REAL ESTATE LLC
GP REALTY & MANAGEMENT INC
BEAUMONT DEVELOPERS LLC
CITY OF BEAUMNT
O LEANS SAN JACINTH BLDG LP
CITY OF BEAUMONT
CITY OF BEAUMONT
CITY OF BEAUII ONT
CITY OF BEAUMONT
GP REALTY & MANAGEMENT 1NC
GP REALTY & MANAGEMENT INC
PENLAND DEN
A & M PROPERTY MANAGEMENT LLC - SERIES E
MC RIDE & O'BRIEN 681 PARK STREET LLC
REDEMPTION CHURCH
ORLEA4 S SAN JACINTH BUILDING
CRCETT CARPARK IC
GP REALTY & MANAGEMENT INC
DELGADILLO CHRISTMA
BI US ARD'S MORTUARY
B1USSARD'S MORTUARY INC
CENTURY T WER PARKING LLC
CENTURY TOWER PARKING LLC
CENTURY TOWER PARKING LLC
CENTURY TOWER PARKING LLC
BEAUM NT DEVELOPERS LLC
BEAuM
aNT
Planning & Community Development
Case Type:Pianning and Zoning case Status: REVIEW
Case Sub Type: Specific Use Permit Tag Name, SUP for an event hall.
Case It: PZ2023-351 Initiated Ona. 8/16/2023 10:57:56AM
Location: 690 ORLEARNS ST, BEAUMONT, TX
Individuals listed on the record:
Applicant
GP Realty and Management, Inc. Horne Phone-, 2818957773
4606 FM 1960 W Ste. 640 Work Phone:
Houston. TX 77069 Cell Phone- 8326566724
E-Mail: i-ichardgilbertt@aol.com
Property Owner
GP Realty and Management, Inc. Home Phone- 2818957773
4606 FM 1960 W Ste. 640 Work Phone -
Houston, TX 77069 Cell Phone: 8326566724
E-Mail: richard gilbertt@aol -coin
Case Type: Planning and Zoning Page 1 of 2
Case #: PZ2023-351 Printed On: 8/25/2023
BEAU
MONT
Planning & Community Development
Legal Description Lots 317 and 318, Black 50
Number of Arares. 0.81
Proposed Use SUP
That the specific use will be It will enhance the surrounding area.
compatible with and not injurious to
the use and enjoyment of other
property, nor significantly diminish or
impair property values within the
immediate vicinity
That the establishment of the specific
use will not impede the normal and
orderly development and improvement
of surrounding vacant property;
That adequate utilities, access roads,
drainage and other necessary
supporting facilities have been or will
be provided
The design, location and arrangement
of all driveways and parking spaces
provides for the safe and convenient
movement of vehicular and pedestrian
traffic
That adequate nuisance prevention
measures have been or will be taken
to prevent or control offensive odor,
fumes, dust, noise and vibration
That directional lighting will be
provided so as not to disturb or
adversely affect neighboring
properties
That there are sufficient landscaping
and screening to insure harmony and
compatibility with adjacent property
That the proposed use is III
accordance with the Comprehensive
Plan
Notes:
It will improve a property that has been sitting vacant for years.
There are adequate utility that is already provided for the building.
Yes, we own the parking lot at 468 Forsyth.
Yes, all the events will be confined to the interior of the building.
The exterior sign will be visible to all guests.
There is no grass or vegetation in the area.
Yes, it will bring more people and visitor to the central business
district
Case Type: Planning and Zoning Page 2 of 2
Ease #: PZ2023-351 Printed On: 8125/2023
August 16, 2023
City of Beaumont
Planning and Zoning Department
Beaumont', TX 77701
RE- Specific Use Permit for 690 Orleans, Beaurnont, Texas 77701.
9
To whom it may concern:
GP Realty and Management are applying for a Specific Use Permit for 690
Orleansf Beaumont Texas 77701, We are applying to add a Wedding and
Reception Facility to the ground level. The building currently have existing
Retail, Restaurant and Residential.
Thank you kindly,
Raw'd Pdme
Richard Gilbert, President
Direct: 832-656-6724
4606 FM 1960 W. PHONE (281) 895-7773
Suite 640 FAX (281) 895-0007
Houston, Texas 77069 E-MAIL richardgi[bertt@aoI.com
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THE LOT ON WHICH THE EXISTiNG BUILDING
SITS IS APPROX. 14520 S.F. (0.33 AC.).
THE DOWNSTAJRS IS APPROX. 6740 S.F. OF
WHICH APPROX. 4920 S.F. WILL BE usED
FOR LONG-TERM LIVING.
THE UPSTAIRS IS APPROX. 13300 S.r. OF
WHICH &L OF THE SPACE WILL BE USEO
FOR SHORT-TERM LIVING.
A VACANT LOT ADJACENT TO THE BUILDING
PROPERTY CONSISTS OF APPROX-12000 S.F.
WHICH WILL BE USED FOR PARKING.
1 120-00'
17771-
15 PARMNG SPACES
IN
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VACANT LOT
(PARKING AREA)
60-01'
��� F
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EXISTING 2-STORY BUILDING
LOCATED AT 690'ORLEANS
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INFORMATioN FOR
LEGAL DESCRIPTION
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PZ2023-351: Request for a Specific Use Permit to allow an event hall in the CBD (Central Business
District) District.
Applicant: GP Realty and Management, Inc.
Location: 690 Orleans Street
0 100 200
1 1 1 -1 Feet
DATE: September 18,2-02-3
TO: Planning Commission and City Council
FROM: Demi Engman, Planning Manager
SUBJECT: Consider a request for a Specific Use Permit to allow a multi -family development
in the CBD (Central Business District) District.
FILE: pZ2023'356
STAFF REPORT
Richard Gilbert of GP Realty and Management,. Inc, is requesting a Specific Use Permit to allow
construction of amultiple-family development located at7O4Neches Street. The three (3)
story building will contain twelve (12) units to be leased at market -rate. It should be noted; off-
street parking requirements are exempt from developments within the CBD (Central Business
District). Residential uses in the downtown planning area may bolster economic activity by
increasing pedestrian traffic.
Staff recommends approval of the request with the following conditions:
l. Construction plans shall comply with all applicable BuUding,,Engineering aodFine[ode
and requirements.
2. Construction plans must meet all requirements by Water Utilities for water and sanitary
sewer services, including any requirements of the City's back -flow, pre-treatment
and/or FOG program.
Please note that final occupancy approval is subject to review and acceptance of submitted
plans and field inspections to verify compliance with applicable codes.
Exhibits are attached.
PUBLIC NOTIFICATION
Notices mailed to 33 property owners.
LEGAL DESCRIPTION FOR ORDINANCE PURPOSES
Being Lot 474Block 6�Original Townsite of Beaumont, Jefferson County, Texas, O.165acres
ANALYSIS
CONDITIONS FOR APPROVAL [3F SPECIFIC USE PERMIT
(SECTION 28-26,El ZONING ORDINANCE)
Application Application Discussion
is in isnot 1n in Staff
compliancecompliance Report
1.That the specific use will becompatible with
and not injurious totheuseandenjoyment of
other property, or significantly diminish or
impair property values within the immediate
vidn\ty; _x
ZThat the establishment ofthe specific use will
not impede the normal and orderly development
and improvement ofsurrounding vacant
property; ��
3.That adequate utilities, access roads, drainage
and other necessary supporting facilities have
been orwill beprovided; X
/iThe design, location and arrangement ofall
driveways and parking spaces provides for the
safe and convenient movement ofvehicular and
pedestrian traffic without adversely affecting the
general public oradjacent developments;
5.That adequate nuisance prevention measures
have been orwill betaken toprevent o[control
offensive odor, fumes, dust, noise and vibration; X
6.That directional lighting will beprovided so as
not todisturb oradversely affect neighboring
properties; /x
7.That there are sufficient landscaping and
screening toinsure harmony and compatibility
with adjacent property; and, X
8.That the proposed use |s\naccordance with
the Comprehensive Plan. x
GENERAL INFORMATION/PUBLIC UTILITIES
PROPERTY OWNER:
EXISTING ZONING:
PROPERTY
EXISTING LAND USES:
FLOOD HAZARD ZONE.
SURROUNDING LAND USES:
NORTH: Commercial
EAST:
Connrnenda|
SOUTH:
Commercial
PLAN:
COMPREHENSIVE
SANITARY SEWER SERVICE:
Richard Gilbert ofGPRealty and Management, Inc.
GPRealty and Management, Inc.
G90Orleans Street
CBD (Central Business District)
~0.165 acres, more or less
X—Area determined tobeoutside the 5OO
yearf|oodp\a>n.
SURROUNDING ZONING:
CBD (Central Business District)
all
Central Business District
Neches Street: s a local street with a6O' right-of-
way with an4O' pavement width.
Fo lsalocal street with 5O'r|ght-of-
vvayvvithan42,pavennentvvidth.
Curb and Gutter
6"water line along Orleans
IZ"sanitary sewer line along Orleans
PROPERTY OWNERS NOTIFIED WITHIN 200 FEET
ECH ES PLAZA LP
CENTURY TOWER PARKING LLC
CENTURY TOWER PARKING LLC
lECHES PLAZA LP
IECHES PLAZA LP
MERIDIAN INCLINE LLC
TEXAS STORAGE CO
TEXAS STORAGE C
CATHEDRAL SQUARE CONDOMINIUM
CATHEDRAL SQUARE CONDOMINIUM
CATHEDRAL SQUARE CONDOMINIUM
CATHEDRAL SQUARE CONDOMINIUM
CATHEDRAL SQUARE CONDOMINIUM
CATHEDRAL SQUARE CONDOMINIUM
CATHEDRAL SQUARE CONDOMINIUM
CATHEDRAL SQUARE CONDOMINIUM
CATHEDRAL SQUARE CONDOMINIUM
CATHEDRAL SQUARE CONDOMINIUM
FACIO-LOPEZ JE SANTOS
SMITH CASEY
''ILSON JOSHUA C
D O BSO N DO ALD
GUEST TRUST COMPANY FBO L,Al ESHIA HUDSO !
'DARING STEIEN JOHN:
MARTIN DAN IY J AM ES
IPPEQN PROPERTIES LTD
MONCLA MASON
REYNARD BETTY
CATHEDRAL SQUARE CONDOMINIUM
N ECH ES PLAZA LP
N ECH ES PLAZA LP
NECHES PLAZA LP
BEAUMONT DEVELOPERS LLC
BEAuM
a N -r
Planning & Community Development
Case Type:Planning and Zoning Case Status: REVIEW
Case Sub Type: Specific Use Permit Tag Name: SUP for apartments in CBD district.
Case #: PZ2023-356 Initiated On: 8/20/2023 10:55-COPM
Location: 7,04 NECHES ST, BEAUMONT, 77701
Individuals listed on the record:
Applicant
Richard Gilbert
Home Phone: 2818957773
4606 FM 1960 W Ste. 640
Work Phone*
Houston, TX 77069
Cell Phone: 8326566724
E-Mail- richardgilbertt@aol.com
Property Owner
GP Realty Building Company, lnc,
Home Phone: 2818957773
4606 FM 1960 W Ste. 640
Work Phone:
Houston, TX 77069
Cell Phone- 8326566724
E-Mail: r1chardg1IberLt@ao1-c0m
Case Type: Planning and Zoning Page 1 of 2
Case #: PZ2023-356 Printed On: 8/25/2023
BEAUM
C3NT
Planning & Communfty Development
Legal Description Being Lot 474, Block 62, Beaumont Addition, Beaumont, Jefferson
County, Texas, approximately 0 - 165 acres more or less
NUmber of Acres 0.17
Proposed Use Multi -family
That the specific use will be The proposed multifamily will compliment the surrounding area.
compatible with and not injurious to
the use and enjoyment of other
property, nor significantly diminish or
impair property values within the
itynnediate vicinity
That the establishment. of the specific
use will not impede the normal and
orderly development and improvement
of surrounding vacant property;
That adequate utilities, access roads,
drainage and other necessary
supporting facilities have been or will
be provided
The design, location and arrangement
of all driveways and parking spaces
provides for the safe and convenient
movement of vehicular and pedestrian
traff ic
That adequate nuisance prevention
measures have been or will be taken
to prevent or control offensive odor,
fumes, dust, noise and vibration
That directional lighting will be
provided so as not to disturb or
adversely affect neighboring
properties
That there are sufficient landscaping
and screening to insure harmony and
compatibility with adjacent property
That the proposed use is in
accordance with the Comprehensive
Plan
Notes:
No, it would in help the development surrounding properties.
Yes, there was a two story building there in the passed.
Parking will be provided at 468 Forsythe. A parking we currently own.
Yes, the units are for quiet enjoyment.
Yes, signage will be provided.
Yes
The proposed multifamily units will be market rent apart meats.
Case Type: Planning and Zoning
Case #: PZ2023-356
Page 2 of 2
Printed On: 8125/2023
VxP ��PEL`TY INCe
BUILDING
August 20, 2023
City of Beaumont
Planning and Zoning Department
Beaumont, TX 77701
RE: Specific Use Permit for 704 Neches, Beaumont, Texas 77701.
To whom it may concern:
GP Realty Building Company is applying for a Specific Use Permit for 704 Neches,
Beaurnont Texas 77701. We are applying for a SUP to build a 12 unit 3 story
multifamily building at the subject location. The building will be located on the
corner of Neches and Forsythe, it will be a market rate apartment building.
Thank you kindly,
Redfmd 5WMe
Richard Gilbert, President
Direct: 832-656-6724
4606 FM 1960 W. PHONE (281) 895-7M
Suite 640 FAX (281) 895-0007
Houston, Texas 77069 E-MAIL richa rdgi)berU@aoI corn
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f1% C k I 1-T rn A I L I f1% Ir lr�_ t%_ .
1 /Ml bearings are referenced to the NoWi line of the
subject tract. Lot 473, belnU sItuated and recorded
In Block 62 of the Original Townsile Beaumont
Texas SubdivIsIGn, an Additlan to Jefferson
Count Texas amordIng to tha Plat thereof
recorded In Volume 448, Page 249 of the Deed
Records of Jefferson County, Texas.
2, Nothinq in this survey is intended to express an
opinion regarding ownershIp of He to any
property,
L ol 473
FLOOD ZONE STATEMENT:
In accordance with Federal Emergency
Management Agency.
Community No. 4 654 67
Panel No., 0020 C
Date of FIRM: August 06, 2002
This property Iles In Torre 'Xq. Locatlim on
map determined by scale on map. Aclual
field elavaOon not determined,; Area of
minimal flood hazard. LJA Surveying, Inc.
d(>es not warrant nor subscribe to the
accuracy or scale of said maps.
Fret. 112" iron rod wiih
cap stamped
"LEAP ENGINEERING'
LEGEND AND ABBREVIATIONS
DKO.C.
- OHE
Forsythe Street
(60'Wide Publ1r, Right -of -Way)
Fnd. 112- N450 51120" E 60,001 Point for
Iron Rod Corner
Ofl ,q19781 TOW17SIZO 9&c?L11770171 TOX89
810 r/r 92
llolwwo 4481 Page 249
0 Manhole
Manhole
Water Meter
S450 51'20"W 60.001
Fn d. 112" [ton rod wi th
cap stamped
"LEAP ENGINEERINW
Z 0/ 479
704 Neches Street
Beaumont, Texas 77701
Lot Number Four Hun-dred Seventy-four (474) In Block
Number Sixty-two (62) of the Original Townsite of
Beaumont, In the Glty of Beaumont, Jefferson County,
Texas as reflected on the map v plat of record In the
Offloo of the County Clerk recorded In Volume 446, Page
249, Deed Records of said County and State.
Surveyed for: Meddlan Incline
SURVEYOR'S CERTIFICATION
The undersigned does hereby certify that this survey plat accurately
represents an on the ground survey made under my d1rect. svpervision.
0 a - - 0 4 P 4 - I N 1 6 4 4 6 . . . . . .
JEREMY D. RUrSSELL
*stair�Y D ��S��L
.............
-`Cs S 10
U .;4
NiwHy1fAusse1% RPLS
RegIsWd Professional Land Surveyor No. 5808
Deed Remds of Jefferson County
Ove(head Electric Line
BOUNDARY SURVEY
OF
LOT 474
BLOCK 62
ORIGINAL TOWN SITE
OF BEAUMONT
SITUATED IN THE
NOAH TEVIS SURVEY
JEFFERSON COUNTY, TEXAS
DRAWN BY: RCJ FI3 PG: FF3XXX-PXXX
REv rom JULY 05, 2023
SHEET NO, i OF I JOB NO. LJASOOO-2302
LJA SURVEYING, INC
2615 Calder Ave, Su1te SCO Tel. 409,833.3363
Bea Limont, Texas 77702 Fax: 409.833,0317
TBPELS Firm No 10194382
- - -
P B- ,�6 Request car a Sped � lase Permit to allow a multi -family devel ment in the CBD (Centra
Business District) District.
p licant: Richard Gilbert of GP Fealty and Management, Inc.
Location: 704 Neches Street
0 100 200
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DATE: September 18, 2023
TO: Planning Commission and City Council
FROM: Derni Engman, Planning Manager
SUBJECT: Consider a request for a Specific Use Permit to allow a substance abuse disorder
treatment facility in the CBD (Central Business District) District.
F I LE. PZ2023-860
STAFF REPORT
Recovery Council of Southeast Texas, formerly known as Southeast Texas Council onAlcohol
and Drug Abuse, is requesting a Specific Use Permit to allow a substance abuse disorder
treatment facility at3QO Main Street. They provide a 24/7, 60-day program for inpatient and
outpatient individuals. The site will host uptoforty (4O)clients participating \nthe inpatient
program. All programming will be conducted inside and clients will be strictly supervised. Off-
street parking requirements are exempt from development in the Central Business District,
although, parking isprovided tothe north. The purchase ofthis property 1scontingent upon
the outcome ofthis case.
Sect1on2-8.O4.00l(e)of theOrdinancesstates, "A specific use permit shall be issued only if all of
the folio wing conditions have been foun d: (1) that th e specific use will becompatible with an d
notIn�/rioustod7euseond enjoym entofotherprop ert&nor sign ificontivdim /nishorimp o/
property values within the immediate vicinity; (2) That the establishment of the specific use will
not impede the normal and orderly development and ive/nentnfsun'ound/ngvocont
property..." The selected site may not be a compatible use due to the number of clients and
lack of open space, the proximity to establishments and events selling alcohol, the proximity to
parks and museums, and it is located at the intersection of Main and Crockett Street.
Although this isaneeded service within our community, staff recommends denial ofthis
select a compatible site.
Exhibits are attached.
PUBLIC NOTIFICATION
Notices mailed to 17 property owners.
LEGAL. DESCRIPTION FOR ORDINANCE PURPOSES
Being all of Black 29, Beaumont Addition, Beaumont, Jefferson County, Texas, 1.324 acres more
or less.
mmr"I mTM��
CONDITIONS FOR APPROVAL OF SPECIFIC USE PERMIT
(SECTION 28-26.1E. ZONING ORDINANCE)
Application Application
is in isnot in
compliance rn U ce
1.That the specific use will becompatible with
and not injurious tothe use and enjoyment ot
other property, orsignificantly diminish or
impair property values within the immediate
Z.That the estoNishrnentofthe specific use will
not impede the normal and orderly development
and improvement ofsurrounding vacant
property;
3.That adequate utiidjes.,access roads, drainage
and other necessary supporting facilities have
been o[will beprovided;
4`The design, location and arrangement ofall
driveways and parking spaces provides for the
safe and convenient movement ofvehicular and
pedestrian traffic without adversely affecting the
general public or adjacent developments;
S.That adequate nuisance prevention measures
have been orwill betaken toprevent orcontrol
offensive odor, fumes, dust, noise and vibration;
6.That directional lighting will beprovided so as
not todisturb oradversely affect neighboring
properties;
7.That there are sufficient landscaping and
screening toinsure harmony and compatibility
with adjacent property; and,
8.That the proposed use isinaccordance with
the Comprehensive Plan.
PA
E5
0
An
E5
X
Discussion
in Staff
Report
GENERAL INFORMATION PUBLIC UTILITIES
PROPERTY OWNER:
LOCATION.:
EXISTING ZONiNG:
PROPERTY SIZE:
EXISTING LAND USES:
FLOOD HAZARD ZONE:
SURROUNDING LAND USES:
NORTH: Commercial
EAST: Commercial
SOUTH: Commercial
WEST: Commercial
COMPREHENSIVE PLAN:
STREETS:
DRAINAGE:
SANITARY SEWER SERVICE:
Thomas Aardahl
Hearst Newspapers Partnership 11 LP
380 Main Street
CBD (Central Business District)
—1.324 acres) more or less
Commercial
X — Area determined to be outside the 500
year floodplain.
CBD (Central Business District)
waffil
Central Business District
Pine Street: is a Major Collector with a 60' right-of-
way with a 40' pavement width.
Crockett Street: is a local street with 60' right-of-
way with a 50" pavement width.
Main Street: is a Major Collector with 60' right-of-
way with 5 2' of pave m e nt width
Curb and Gutter
4 " water line along Main Street
611 sanitary sewer line along Mulberry Street
12 )) sanitary sewer line along Main Street
PROPERTY OWNERS NOTIFIED WITHINFEET
CROCI ETT STREET DEVELOPMENT LTD
CR CI ETT STREET DEVELOPMENT LTD
EfTERGY TEXAS INC
ENTERY TEXAS INC
FRANCISCO MUSIC STUDIOS INC
CRCIETT CARPARK INC
CITY OF BEAUMONT
HEARST NEWSPAPERS
CITY OF BEAUMONT
CRCETT CARPARK INC
CITY OF BEAUMONT
CITY OF BEAUMONT
CR C ETT STREET DEVELOPMENT LTD
H EARST NEWSPAPERS
CITY OF BEAUMONT
EDISCN PLAZA PARTNERS LL
CRO CK ETT STREET DEVE LO PMENT LTD
BEAUMONT
Planning & Community Development
Case Type:Planning and Zoning Case Status: REVIEW
Case Sub Type: Specific Use Permit Tag Name: Su bstan ce Use Disorder Treatment,
Case #: PZ2023-360 Inpatient and Outpatient
Location: 380 MAIN ST, BEAUMONT, TX Initiated On: 8/23/2023 1,11:23PM
Individuals listed oti the record:
Applicant
Thomas Aardahl
4675 Washington Blvd Ste. C
Beaumont, TX 777,01
Property Owner
Hearst Newspapers Partnership 11 LP
Missing Address, City, State, or Zip Code in People
Case Type- Planning and Zoning
Case M PZ2023-360
Home Phone:
Work Phone:
Cell, Phone- 409-338-3744
E-Mail, taardah1@rcsetx.org
Home Phone:
Work Phone:
Cell Phone;
E-mail:
Page I of 3
Printed On: 8/2512023
EAV 1V1
C3 N T
Planning & Community Development
Legal Description BEAUMONT ALL OF B 29
Number of Acres 1.32
Proposed Use
Substance Use Disorder Treatment
That the specific use will be
it is important to note what our organization is Not. We are not a
compatible with and not injurious to
halfway house. We do not prescribe, and we do not hand OLA
the use and enjoyment of other
needles. Our clients are not typically homeless. We indirectly
property, nor significantiy diminish or
prevent homelessness. Clients do not loiter outside and trespassers
impair property values within the
are not allowed on the property. All programming is inside and
immediate vicinity
clients are strictly supervised. We are a quiet operation that provides
a professional Behavioral Health Service. Actually, our 24/7
presence will aid local businesses in deterring vandalism and
trespassing. In addition, we will be investing $1 rn in preservation
and modernization of the building, thereby actually increasing the
value of the property and those within the immediate vicinity.
That the establishment of the specific
Our operations do not cause high traffic. Our Outpatient services are
use will not impede the normal and
primarily conducted online through Telehealth virtual therapy, so
orderly development and improvement
face-to-face visits are rare. Front door traffic is about 6 visits per day.
of surrounding vacant property;
Inpatient beds are limited to 40, but typically run at 30 to 35. Each
individual is there for 60 days, so turn -over is not very noticeable.
That adequate utilities, access roads,
The existing site is adequate in a ' 11 the required ways. In addition, the
drainage and other necessary
square footage and working sprinkler systems satisfy our specific,
supporting facilities have been or will
needs. The only major structural changes will be to add the required
be provided
number of showers and bathrooms for our clients.
The design, location and arrangement
We do not plan any changes other than general maintenance or
of all driveways and parking spaces
repair to the existing parking areas.
provides for the safe and convenient
movement of vehicular and pedestrian
traffic
That adequate nuisance prevention
All programming and treatment will be conducted indoors. There will
measures have been or will be taken
be no odors, fumes, dust, or noise.
to prevent or control offensive odor,
fumes, dust, noise and vibration
That directional lighting will be
There are no plans to change the placement of current lighting on the
provided so as not to disturb or
building and parking lots. Any changes to light bulbs will coordinate
adversely affect neighboring
with neighboring hues and colors.
properties
That there are sufficient landscaping
All current landscaping, including the heritage oak tree in the front
and screening to insure harmony and
will be preserved. The loading dock area in the back will be screened
compatibility with adjacent property
off to reduce the industrial look and promote a professional image.
Case Type: Planning and Zoning Page 2 of 3
Case #: PZ2023-360 Printed On: 8/25/2023
B I EAUMONT
Planning & Community D
That the proposed use is in We are aware ofthe new Downtown Development Project and the
accordance with the Comprehensive aesthetics it will bring. The Beaumont Enterprise building is off and
Plan behind the proposed plans. It is visually off the line of sight. Yet,
many ofthe buildings inthe area are {ndisrepair. The Beaumont
Enterprise building ieindanger offalling into the same state, but we
want uopreserve and improve the building; thereby supporting the
downtown development efforts byproviding a34/ presence and
being a solution against vandalism and trespassing.
oaooTypo Planning and Zoning Page ooro
oeoe Pz2023'3e0 Printed On- a/25/2o2u
P
Dacu&'n Envelope ID-. 3BO7OB63-137E-4CC2-BD BC-7DF98OAlAF65
9
RECOVERY COUNCIL
OF SOUTHEAST TEXAS
WHERE RECOVERY IS
NEVER OUT OF REACH
August 2111, 2023
City of Beaumont, Beaumont TX
Planning Commission and City Council
To whom it may concern,
Recovery Council of Southeast Texas is an organization that has served Beaumont for over 65 years.
Before our current rebranding, we were known throughout the community as Southeast Texas Council on
Alcohol and Drug Abuse. Our current location has endured extensive flooding over the years and the
facilities are inconsistent with the high standards our clients expect. So, we are negotiating to purchase
the property located at 380 Main Street and 420 Pine Street in Beaumont and are seeking a Special Use
Permit to allow us to operate our business at the property.
We are a State licensed, and heavily regulated organization that focuses on Drug Treatment using
Behavioral Health methods. Our business model allows us to treat clients from various funding streams,
including private insurance, self -pay, and under or uninsured. Our 40 staff of Licensed Counselors, Shift
supervisors, and Administrative professionals will provide a 24/7 presence to the downtown area.
Our counselors provide Outpatient services that include assessment., treatment planning, individual and
group counseling for nearly 500 local residents each year.
We also are licensed for 40 Inpatient beds for males. This 24/7, 0-day program.. serves over 400
Southeast Texas each year. Our Inpatient program offers an intensive mix of programing ' that begins at
Samand extends until 8pm each day. Services include assessment, treatment planning, discharge
planning, evidenced -based individual and group counseling,, activity therapy, and art therapy.
Section 28.04.001 Zoning Ordinance requires that eight conditions must be met before a special use
permit can be issued.
1) The specific use will be compatible with and not injurious to the use and enjoyment of other property,
nor significantly diminish or impair the property values within the immediate vicinity,
It is important to note what our organization is Not. We are not a half -way house. We do not prescribe,
and we do not hand out needles, Our clients are not typically homeless. We Indirectly prevent
h orn elessness. '!rents do not loiter o u tside and trespa ssers are riot allowed on the property. All
programming is inside and clients are strictly supervised.
We are a quiet operation that provides a professional Behavioral Health se(vice. Actually, our 2417
presence will aid local businesses in deterring vandalism and trespassing. In addition, we will be
investing $.gym in preservation and modernization of the building, thereby actually increasing the value
of the property and those within the immediate vicinity.
2) Specific Use will not impede the normal and orderly development and improvement of surrounding
vacant properties.
P: 409.338-3744 F: 409.842-2462
4673 Washington Blvd, Beaumont, TX 77707
DocuSign Enveldpe ID, 3807OB63-137E-4CC2-BDBC-7DF98OAlAF65
RECOVERY COUNCIL
OF SOUTHEAST TEXAS
WHERE RECOVERY IS
NEVER OUT OF REACH
Our operations do not cause high traffic. Our Outpatient services are primarily conducted online
thro ugh Telehealth virtual therapy, so face -to -face visits are rare. Front door traffic is about 6 visits per
day. Inpa tien t b e ds are limited to 4 0, b u t typically run at 30 to 35. Each individual is there for 60 do IIFn
-OF
so tum- over ils not very noticeable.
3) Adequate utilities, access roads, drainage and supporting facilities have been or will be provided.
The existing site is adequate in all the required ways. In addition., the square footage and working
sprinkler sys tems satisfy our specific heeds. The only major structural changes will be to add the
required number of showers and bathrooms for our clients.
4) The design, location, and arrangement of all driveways....safe and convenient for vehicle and
pedestrian traffic.
We do riot plan any ch anges other than general m ain ten ance or repair the existing parking areas.
5) Prevent or control nuisance odors, fumes, dust, noise, and vibration.
,ill programming and treatment will be conducted indoors. There will be no odors, fumes, dust, of
noise.
6) Directional lighting will be provided so as to not disturb or adversely affect neighboring properties.
There are no plans to change the placement of current lighting on the building and parking lots. Any
changes to light bulbs will coordinate with neighboring hoes and colors.
a o d rn a
7) There are sufficient landscaping and 5creening to insure harm ny a n co p tibiftyI with adjacent
property.
All current Ian dscaping, including the heritage oak tree in the front will be preserved. The loading dock
area in the back will be screened off to reduce the industrial look and promote a professional image.
8) The proposed site is in accordance with the Comprehensive Plan.
We are aware of the new Downtown De velopm en t Project an d the aesthe tics it will bring. The
Beaumont Enterprise building is off and behind the proposed plans. it is visually off the line of sight.
Yet, many of the b Odin gs in the area are in disrepair. The B eaum ont Enterprise building is in danger
offalling into the same state, but we want to preserve and improve the building; thereby supporting
the downtown development efforts by providing a 2417 presence and being a solution against
vandalism and trespassing,
Thank you,
Thomas Aardahl, MBA
Executive Director/ CEO
Recovery Council of Southeast Texas
P. 409.338.3744 F: 409.842-2462
4673 Washington Blvd., Beaumont, TX 77707
1 st Floor
No structural changes
2nd Floor
No structural changes
3rd Floor
Remodel Bathrooms
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PZ2023-360: Request for a Specific Use Permit to allow a substance use disorder treatment facility in the
CBD (Central Business District) District.
Applicant: Thomas Aardahl
Location: 380 Main Street
0 100 200
1 1 1 1 Feet
DATE: September 18,2023
TO: Pianning Commission
FROM: Derni Engman, Planning Manager
SU BJ ECT: Request for the closure of access to Interstate 10 East Feeder Road from 81h and
9th Streets.
FILE: PZ2023-370
STAFF REPORT
The Texas Department of Transportation (TXDOT is requesting closure of access to Interstate
10 East Feeder Road from 81h and 9th Streets. This request is to facilitate construction of a
sound wall barrier between the feeder road and the Oaks Historic District to minimize impact
from the State' s IH-10 & US-69 Interchange Project. Traffic will be able to access the feeder
road by way of 1011 Street and to Street, This item was sent to all interested parties and
received zero in opposition from City staff.
Planning staff recommends approval of the request.
Exhibits are attached.
LEGAL DESCRIPTION OF THE RIGHT-OF-WAY FOR ORDINANCE PURPOSES
End of 8th and 9th Streets between the northern edge of pavement of Beech Street and southern
edge of pavement of Interstate 10 East Feeder Road.
Texas Department ofTransportation
OWNER:DOMINANT TENEMENT city ofBeaumont
End of�" and gm Streets between the northern
LOCATION: of Beech Street edge of pavement of ree and southern
edge of pavement of Interstate 10 East Feeder Road.
EXISTING ZONING:
None
ABANDONMENT '
-O.003ecre�more orless
EXISTING LAND USES:
TXOOTdght+of-vvay
FLOOD HAZARD ZONE:
X—detemninedtobeoutside the SOO'year�oodp|ain
SURROUNDING LAND USES:
SURROUNDING ZONING:
NOKTHintersiote1O
None
EAST: Residential
R3
SOUTH: Street ROW
None
VVESTd Residential
xS
PLAN:
COMPREHENSIVE '
S��NeArea
8t' Street — Local Street with approximately 38`right-of-
STREETS:
way.
—LocaiStneetwith approxnnate |yG9'dght,of-
w-'.
Interstate 10 East — Highway with approximately Z4O'
hght-of-vvavand varying pavement widths.
DRAINAGE:
open ditch
6°water line along 9mStreet
SANiTARYSEVVE:�iEiVICE':
mone
BEAUMONT
Planning & Community Development
Case Type:Plannin'g and Zoning Case Status: REVIEW
Case Sub Type: Abandonment Tag Name: Permanent Closure of 8th & 9th Streets'
Case #: PZ2023-370 access to 1-10 Frontage Road
individuals listed on the nscont
Agent
BmthanySheaxar
801East Old Settlers Blvd,Ste. 130
Round Rock, Tx 78664
Applicant
Nancy Peron
8350Eaamx+wy
Booumont`Tx77708
Home Phone: 7072412438
Work Phone:
Cell Phone,
Home Phone
Work Phone,
Cell Phone: 5129837876
Property Owner
Home omoPhune:
8350EasteVYo�Phono'
xpwy '
Cell 5128837876
Beoumont.Tx777oo .
Fiood Zones
Construction Type
Occupancy Type
Fire District
Page 1or1
Case Type: Planning and Zoning Printed On: o/2u12o23
noouSignEnvelope ID: puox
�
^��TransportationTe��a�8Department "�w
12sEAST M*STREET, AuSnN^TEXAS 7e701-24o3 \ 512.4e3.85881
City ofBeaumont
pOBox 382/
City Hall
Beaumont,TX777O4'3O27
To Whom It May Concern:
Texas Department of Transportation ' dsiudv completed
��US-69interchange. \naccordance with TxOOTsEnvironmental Pnooes�asoun -^was , -_
during the schematic phase. During the study, soundwalls between The Oaks Neighborhood and IH-10
EBFR along Beech Street Were found to be reasonable and feasible. The public was sUrveyed, and the
local property owners voted in favor of the soundwalls being placed between Beech Street and IH-10
EBFR.
During the detailed PSO^E process, intersection sight distance calculations were performed at the
inieoectionsof|H'1OE8FRwith 8m@L9mStreets. |tvvasdeLenminedthat lnordertoachievenecessory
sight lines at these intersections, the soundwalls would need to be reduced in length. A new analysis was
performed with the red'uced walls, and it concluded that the walls would have limited effect on sound
reduction and thus would nolonger beconsidered reasonable and feasible.
The remaining option to meet both the intersection sight distance requirements and to achieve a level of
sound reduction that would make the soundwalls reasonable and feasible would be to close both the 8th
8'9mStreets" access to|H'1UEBFR.
In closing access to the frontage road at these locations., the soundwall would be continuous from 10'h
Street through 8th Street. This would also allow the height of the wall to be decreased from 181, seen in
the schematic phase) to 141. In order to fit the soundwall between Beech Street and the IH-10 EBFR,
Beech Street would be reconstructed between 9'h & 81h Street, shifting at most 4to the south. TxDOT
has sufficient right of way to accommodate this shift and no additional right of way would be needed.
BeecbStrzetw/ou\dremainabmo'waystrcet,andLhevvidthvvouldrennainLhesemeasexlsbng.
TOOT held anadditional public meeting inBeaumont onMay 1Om,2Q23topresent Lothe community
and property owners potentially impacted by the wall the revised options of either having the soundwall
while closing 8th and 9th Streets' access to the frontage road or having nosoundwall at all. A survey was
ouRvA LuES: people ^ A ccouota bmty~ nms t ~ Hon emY
OUR MISSION: ounnooun You Witt) Texas
DocuSign Envelope ID: FBG1 E6C7-OOC7-4ABE-99E3-C236723ACFD6
it of Beaumont 2 August 23, 2023
also sent out to property owners to facilitate input. The results from both the public meeting and the
survey concluded that residents were in favor of the soundwall and the closing of 8" and 9t" Streets'
frontage road access.
Please find attached public information collected during the schematic phase and an exhibit illustrating
the new street closure design.
It is our recommendation that the access to I H-10 EBFR from 8 1h and Y1 Streets be permanently closed to
allow construction of soundwall between Beech Street and IH-10 EBFR.
r—DoccuSigned by:
AU /Mv,
�-578CD749506NFO...
Martin N, Gonzalez., P.E.
Beaumont District Engineer
OUR' ALUM: People , Accountability s Trust * Honesty
OUR MISS[GN*, Connecting You With Texas
An Equal Opportunity Employer
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22023-370: Request for t he sure of —access to I nte rstate 10 East - Feeder Road from 8 Lit and 9"" Streets.
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ocation: End of 8th and 9th Streets between the northern edge of pavement of Beech Street and
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Planning Commission
Demil Engman, Planning Manager
MEMO
PLANNING & COMKyUNIT`,
DEVELOPMENT
Texas House Bills alter subdivision regulations and review process.
The88111 Legislature enrolled Texas House Bill 14and 3699and it took effect September1, 2023.
Texas House Bill l4introduces the potential for a developer tohave their development
reviewed orinspected byaqualified th|rd-party. Texas House Bill 3G99amends chapter 21Zof
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 to the Texas Local Government Code allowing third
party review orinspection ofdevelopment 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 a complete, written list of all information required with application of plat. This bill
grants the owner of tract the right to bring an action to compel a municipality to approve the
owner is plat by issuing applicable approval documentation and requires such owner to recover
attornnv'sfees 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
bythe owner oFthe tract and |snot induded,funded, and approved inthe capital improvement
plan or a similar plan adopted by the county or State of Texas. Lastly, this bill eUovus a
governing body of a municipality or the municipal planning commission the ability to delegate
to one or more officers or employees of the municipality to approve, conditionally approve or
disapprove aplat.
The House Bills necessitates amendments tothe subdivision regulations. Staff isworking onthe
following items:
1. Adoption of the official street construction standards and drainage specifications.
2, Address changes to future street expansion.
3- Amend the subdivision regulations to conform to new laws enacted by Texas State
House Bill l4and 3699.
Planning
H.B. No. 3699
I AN ACT
2 relating to municipal regulation of subdivisions and approval of
3 subdivision plans or plats.
4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
5 SECTION 1. Sections 2,12.001(2) and (3), Local Government
6 Code, are amended to read as f ollows:
7 (2)
8 -Ineludin"- F1
9
10 "Plat" includes a preliminary plat, Ceneif
11 finalplat, axe dreplat.
12 SECTION 2. Subchapter A, Chapter 212 Local Government
13 Code, is amended by adding Section 212. 00 15 to read as follows:
14 Sec. 212.0015. CONSTRUCTION OF SUBCHAPTER. This subch
15 may not be const-rued to restrict a munic m establis4ilq a
1.6 submittal calendar to be used by an applicant to facilitate
17 compliance with the approval process descxibed by sections 212.009L.
18 212.0091, 212.0093, and 212.0095.
1-9 SECTION 3. Subehaptex A, Chaptex 212, Local Government
20 Code, is amended by adding Section 212.0021 to -read as follows:
21 Sec. 212.0021. SUBDIVISION REQUIREMENTS. The govexnipq
22 body of a municipality, by oidinance and after notice is ]pu �ish�ed�
23 in a neWspape circulation in the municipality, may:
24 (1) adopt, based on the amount and in of travel over
I
H.B. No. 3699
1 each street or road in a subdivision, reasonable specifications
2 yelatin to the construction of each stxeet or road; and
3 (2) adopt reasonable specif ications to provide
4 adequate drainage for each street or road in a subdivision in.
5 accordance with standard eng-Ineering_pxactices.
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 o�-�ner of a tract of land located within the limits or
to in the extraterritorial Jurisdiction of a municipality who divides
11 the tract in two o-Y more parts to lay out a subdivision of the tract,.
12 including an addition to a municipality, to lay out suburban,
13 building, or other lots, or to lay out streets, alleysf sear esl
14 parks, or other parts of the tract intended _Y of the
- - - I-E; -
15 tract to be dedicated to public use [f der ex the , &e rs
16 owneLrg eg lets f3�en-tin en- 9-K ad4�
17 Gtnh-Cpar ts-] must have a plat of the subdivision
18 prepared. A division of a tract undex 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
22 convey, or hy using any other method. A division of land under this
23 subsection does not include a division of land into parts greater
24 than five acres, where each part has access and no public
25 improvement is being dedicated.
26 (b) To be -recorded, the plat must
27 (1) describe the subdivision by metes and bounds;
2
H.B. No. 3699
1 (2) locate the subdivision with respect to a corner of
2 the survey or tract ox an original. corner of the original suxvey 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 paxt of the tract
6 intended by the owner of the tract to be dedicated to public use
4" on 93�
7 the us ei� owneys -.4 lots-
-
8 -to the st-ree -1.
9 (f) A 1.at i considered filed on the date the ap pl*
icant
10 submits the plat, alonq with a completed plat application and the
11 cribed by -or under this
12 subchapter , to:
13 1.) the governing body of the municipality; or
14 -(2) the munici al authoxity xesponsible for approving
15 alat s -
16
(g) The
over ix a imun j- c i .it ox the mux ici aI
17
authority -responsible
for
approving plats m!ay not requixe an
18
analysis, studyr
document,
agreement, ox similar requirement to be.
19
included in -or
as part of
an application for a lat, develo
20
permit, or subdivision of
land that is not explicitly allowed
21
state law.
22
SECTION
5. Section
212.005, Local Government Code, is
23 amended to read as follows:
24 Sec. 212.005. APPROVAL BY MUNICIPALITY REQUIRED. (a) The
25 municipal authority responsible fox approving plats must approve a
26 p-jat or xeplat that is -required to be piepared under this subchapter
27 and that satisfies the [-al
3
H.B. No. 3699
2 (b) This subchapter may not he constiued to convey an
3 autho-rity to a municipality regarding the core Eletenessof an
4 r re lat that is not
5 ex licitly granted by this subchapter.
6 SECTION 6. Sections 212.0065(a) and (c), Local Government
7 Code, are amended to read as follows:
B (a) The govexning body of a municipality ox the municipal
9 planninq commission may delegate to one or more officers ox
10 employees of the municipality or of a utility owned or opexated by
'c
11 the mun-Icipality the ability to appxove., appyove with onditiq�ns,
12 or disapp-rove a plat
Oil n
1-3
5 F
og� few
14 G
ani-not
15
16 e
thtfi- .eserrm;
17 =1±: nat 4ees n-
13 de-�-
e the G3�-e�-atziGiq ef an new 1-4t-i� eet ar t e ext en-sien G-f�
20 (c) An applicant has the xight to appeal to the e�rn�in�
21 hock y of the municipality ox the municipal planning commission if
22 the designated person disapproves a [e3� pe3senG- chant
na -e Y-eq ed te refey—a..-, --t Which
23 V'4e theLl plt a[and-sl4all
24
25
26 SeGtien
27 SECTION 7. Subchapter A, Chapter 212, Local Govexnment
4
H.B. No. 3699
I Code, is amended by adding Section 21.2, 0 08 1 to read as f o I lows:
2 Sec. 212.0081. PLICATION MATERIALS. (a) Each,
3 munica_pality to which this s ippdies shall adopt and make
4 available to th ublzc a complete, written list of all
5 documentation and other information that the municipality requiYes
6 to be submitted with a plat application. The Yec[ui2:ed documentation
7 and other information must be ielated to a requixement-authorized
8 under this subcha tex .
9 -(b) An application submitted to the municipal authority
10 xesponsible for approving plats that contains all documents and
11 othex information on the, list p3fovided under Subsection (a) is
12 considexed complete.
13 (c) A mianicipalit V that operates an Internet website shall
14 publish and ontinuousl maintain the list described by Subsection
15 (a) on the Internet website not latex than the 30th day after the
16 date the mu 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 ox an amendment to the list in:
20 -( 1) a. newspaper 0 ciieulation in the
21 municipality; anct
22 -(2) a public place in the location in which the
2 overnin body of the municiloality meets.
?4 SECTION B. Sections 212.009(a), (b), (b-2), (c), and (d),
25 Local Government Code, are amended to read as follows
26 (a) The municipal authority responsible for approving plats
27 shall approve, approve with conditions, or disapprove a
5
H.B. No - 3699
1 plat with -in 30 days after the date the plat is filed. A
2 [plq3�a, er-] plat is approved by the municipal authoxity unless it is
1� --
3 disappyoved within that period and in accordance with Section
4 212.0091.
5 (b) If an ordinance xequires that a [p-jan--e-r-] plat be
6 approved by the governing body of the municipality in addition to
7 the planning coimission, the governing body shall approve, approve
8 with conditions, or disapprove the plat within 30 days
9 after the date the plat is approved by the planning
jo commission or is approved by the inaction of the commission. A
11 I plat
[n1'qn -&K- is approved by the governing body unless it is
U ��-
12 disapproved within that period and in accordance with Section
13 212.0091.
14 (b-2) Notwithstanding Subsection (a) or (b), the paxties
15 shall [may] extend the 30-day period descxibed by those subsections
16 fox one o-T more periods/ each [a-pe 4--eclj not to exceed 30 days if:
17 (1) both:
18 (A) the applicant requests the extension in
19 writing to the municipal authority responsible for approving plats
20 or the gove-rning body of the municipality, as applicable; and
21 (B) the municipal authority ox governing
22 body, as applicable, appy.oves the extension request; or
23 (2) Chapter 2007, Government Cod-e,. leguires the
24 municipality to perfoyni a takings impact assessment in connection
25 with the plan oz
26 (C) if a [ni plat is approved, the municipal autho-rity
27 giving the approval shall endorse the Lj plat with a
me
H.B. No. 3699
1 certificate indicating the approval. The certificate must be signed
2 by:
(1) the authority's presiding officer and attested by
3
4 the authority's sec-Yetary; or
5 (2) a majority of the members of the authority.
6 (d) if the municipal authority responsible for approving
7 plats fails to approve, approve with conditions, or disapprove a
8 in" P 1
at within the pxescyibed period, the authority on the
9 applicant's request shall issue a certificate stating the date the
10 plat was filed and that the authority failed to act on the
11 The certificate is effective in
plat within the period.
12 place of the endorsement required by Subsection (c)
13 SECTION 9. Section 212.0091(a), Local over went Code, is
14 amended to read as follows:
3-5 (a) A municipal authority or gove-rninq body that
I Inirl _nr.
16 conditionally approves or disapproves a [ -J-� 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 articulates each specific condition for the
20 conditional approval. o-Y reason for disapproval.
21 SECTION 10. Sections 212.0093, 212.0095, and 212.0096,
22 Local Government Code, are amended to read as follows:
23 Sec. 212.0093. APPROVAL PROCEDURE: APPLICANT RESPONSE TO
24 CONDITIONAL APPROVAL OR DISAPPROVAL. After the conditional.
25 ap -a-n�� I plat under Section 212.0091,
proval or disapproval of a [pA
26 the applicant may submit to the municipal authority or governing
27 body that conditionally approved or disapproved the [] plat
7
H.B. No. 3699
1 a written response that satisfies each condition for the
2 conditional approval or remedies each reason for disapproval
3 piovided. The municipal authority or governing body may not
4 estahlish a deadline fox an applicant to submit the xesponse.
5 Sec. 212.0095. APPROVAL PROCEDURE: APPROVAL OR DISAPPROVAL
6 OF RESPONSE. (a) A municipal authority or governing body that
7 xeceives a response under Section 212.0093 shall determine whethey
8 to approve or disapprove the applicant's previously conditionally
9 approved ox disap roved
-P t, - - I plat not latex than the 15th day
10 after the date the response was submitted.
11 (b) A municipal authority or governing body that
12 conditionally approves or disapproves a (n];Qn G-)�-
-L- %�% A - plat following
13 the submission of a response under Section 212.0093
14 (1) must comply with Section 212.0091; and
15 (2) may disapprove the [per a� �3 plat only for a
16 specific condition or reason provided to the applicant under
17 Section 212.]091.
18 (c) A municipal authority Or gove-r.ning body that receives a
.1-9 response under Section 21.2.0093 shall approve a previously
I
20, conditionally appyoved or disapproved plat if the
21 response adequately addresses each condition of the conditional
22 approval or each reason for the disappxoval.
23 (d) A previously conditionally approved or disapproved
24 plat is approved if:
25 (1) the applicant filed a xesponse that meets the
26 requirements of Subsection (c) ; and
27 (2) the municipal autho-rity or governing body that
I.B. No. 3699
1 xeceived the response does not disapprove the plat on or
2 befoye the date requixed by Subsection (a) and in accordance with
3 Section 212.0091.
4 Sec. 212.0096. APPROVAL PROCEDURE: AT-jTERNATIVE APPROVAL
5 PROCESS. (a) Notwithstanding Sections 212.009, 212.0091,
6 212.009.3. and 212.0095, an applicant may elect at any time to seek
7 approval f o -r _- -- ] plat under an alternative approval pyocess
a
8 adopted by a municipality if the process allows for a shorter
9 approval pexiod than the approval process descxibed 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 appyoval process desc-gibed by Subsection (a) is not:
13 (1) Yequired to satisfy the requiYenients of Sections
14 212.009, 212.0091, 212.0093, and 212.0095 before by. inging an action
15 challenging a disapproval of a [plan- -ey-1 plat under this
16 suhchaptex; 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 Temedies.
20 SECTION 11. Section 212.0099, Local Government Code, is
21 amended to xead as follows:
22 Sec. 212.0099. JUDICIAL REVIEW OF DISAPPROVAL. in a legal
23 action challenging a disapproval of a Eplan plat under this
24 subchapter, the municipality has the burden of proving by clear and
25 convincing evidence that the disapex oval. meets the requirements of
26 this subchapter or any applicable case law. The court may not use a
27 deferential standard.
Wi
H.B. No. 3699
I SECTION 12. Section 212.010, Local Government Code, is
2 amended by adding Sub s e ct ions (c) (d) and (e) to x ead as follows
3 (c) The municipal authoxity responsible fox app-roving 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 txact; and
7 (2) not included, funded., and app-roved in:_
8 (A) a capital improvement plan adopted by the
9 municipality; or
10 (B) a similax plan adopted by a county in which
11. the municipality is located ox the state.
12 -(d) A mun S
13 may not iefuse to review a plat or to approve a plat for recoxdation
14 for failure to identify a corridor, as defined by Section 201.619,
IS Transportation Code, unless the coiridox is part of an agieement
16 between the Texas Department of T-ranspoxtation and a county in
17 which the municipality is located under that section.
1B if a municipal authority responsible for appproving
19 meets the requirements
20 of this subchapter, the owner of the tract that is the subject of
21 the plat ma bring an action in a district court in a county in which
22 the tract is located for a wii-t of mandamus to corn el the municipal
23
authoxity
to approve the plat by
1
issuing to the owner applicable
24
approval
documentation. The applicant
shall -recover reasonable
25
attoxney's
fees and couxt costs
in the action if thea,
l�ica�nt,
26
prevails,
The municipality may_.recoyex Yeasonable attorney's
fees
27
and couxt
costs in the action if
the municipality prevails
and the
H.B. No. 3699
I couxt finds the action is f-rivolous.
2 SECTION 13. As soon as practicable after the effective date
3 of this Act but not later than January 11 2024,, each municipality
4 shall adopt and publish the list described by Section 212.O0B1,
5 Local Government 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 or after the effective date of this
8 Act. An application submitted before the effective date of this Act
9 is governed by the law pplicable to the application immediately
10 before the effective date of this Act, and that law is continued in
11 ef f ect fox that purpose.
12 SECTION 15. This Act takes effect Septembex 1, 2023.
11
H.B. No. 3699
President of the Senate Speaker of the House
I ce-rtify that H.B. No. 3699 was passed by the House on I -lay 9,
2023., by the following vote.- Yeas 130, Nays 12,, 2 present, not
voting; that the House refused to concur in Senate amendments to
H.B. No. 3699 on May 25, 2023, and requested the appointment of a
conference committee to consider the differences between the two
houses; that the House adopted the conference committee report on
H.B. No. 3699 on May 28, 2023, by the following vote.- Yeas 3-39,
Nays 3,, 1 py e s ent , not vot ing; and that the Hous e adopt ed H - C. R. No .
126 authorizing ceitain 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
12
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 II.B. No. 3699
on May 28, 2023, by the following vote: Yeas 20, Nays 11; and that
the Senate adopted H.C.R.. No. 126 authorizing certain coirections
in H.B. No. 3699 on May 28, 2023, by the following vote: Yeas 31,
Nays 0 -
APPROVED:
Dat e
Goveynor
Secretary of the Senate
13
I
AN ACT
H.B. No. 14
2 relating to third -party review of plats and property development
3 plans, permits, and similar documents, and the inspection of an
4 -improvement related to such a document.
5 BE IT ENACTED BY THE -LEGISLATURE OF THE STATE Or, TEXAS:
6 SECTION I. subtitle C. Title 7,' Local Government Code, is
7 amended by addinq chapter 247 to read as follows -.
8 CHAPTER 247. THTRD-PARTY REVIEW OF DEVELOPMENT DOCUMENTS AND
9
INSPECTTON OF IMPROVEMENTS
Sec. 247.001. DEFINITIONS. In this chapter;
it -(I) "Development document" means a document,
12 includin'g an --application for a plat, plan, ox development.2ermit,_
13 related to the devel ox inn piovement to land that is
P
14 re aired by law, ordinance rule, or other measure to be approved by
15 a regulatory auth er for
1-6 or complete the development ox iTprovernent.
17 (2) "Development inspection" means the in
18 an improvement to land Yequired by a requl.tor y authority as part of
3.9 a project to develop the land ox construct or imp -rove an improvement
20 to the land.
21 _(3) "Development peymit" means a peicmit required by_a
22 xegulatofy author it to develop .and or construct or improve an
23 iarovement to land.
24 _(4) "Plan" has the meaninq _assa-g ed by_�ect�iqn
1.
H.B. No. 14
1 212.001.
2 (5) F t Plat" has the meaning assigned by Section 212.001
3 except that the term includes a development plat under Subeh
4 B,, Chapter 212.
5 (6) "Requlatory authority" means the govexninq body of
6 a political subdivision, or a aepart ment, board, commission, or
7 other entity of the political subdivision, responsible fox
8 Processinq or approving a development document q-Y -conducting a
9 develo2ment inspection.
10 See. 247.002. THIRD -PARTY REVIEW OR INSPECTION REQUIRED.
11 (a) if a xegulatory author it does not appyogre , conditiona
il
12 disapprove a development document by the 1.5th day of ter
13 the date prescribed b_y_a provision of this code for the approval,
14 conditional approval, or disc .oral. of the document, any regulied
15 -review of the document may be perf o-ri-aed hy a person:
16 1) other than:.
17 (A) the a plicant ; or
18 -(B) a person whose work is the subject of the
19 application; and
20 (2) who is:
21 (A) employed by the regulatory authority to
22 review development documents;
23 .(Br �.Oed �b�anO�th�e-r p01�itical subdivision to
24 review development documents, if the
25 approved the person to review development documents; ox
26 -(C) an engineer licensed under ha ter 1001,
27 occupations _Code.
I
H. B. No. 14
1 (b) if a regulatory authority does not conduct a requixed
2 development inspect -Ion
3 a provision of this code for conducting the inspection, tI-ie
4 inspection may be conducted by a person:
5 (1) other than:
6 (A) the owney of the land or improvement to the
7 land that is the subject of the ins e ion; or
8 (B) a- peison whose work is the j sub'ect of the -
9 inspection; and
10 (2) who is:
11 -(A) certified to inspect buildinqs by the
12 Intemational Code Council;
13
14
is
16
17
18
(B) employed by the regulatoxy authority as a
building inspector;
(C) employed by anothex politIcal subdivision as.
a building has approved the
pe-rson to perform inspections; 01
(D) an engineer licensed under Chaptex 1-001,
19 Occu-oations Code.
20 Sec. 247.003. ADDITIONAL FEE PROHIBITED. A r-equlatory
21 authoxity may not impose a fee related tothereview of a
22 develo ment document or the inspection of an improvement conducted
23 under Section 247.002'
24 Sec. 247.004. THIRD -PARTY REQUIREMENTS. (a) A person who
25 xeviews a de el.e rxent r ocument oz conducts a. development inspection
26 under Section 247.002 shall:
27 (1) reviewthedocument/ conduct the ins action{ and
3
H.B. No - 14
I take all other related actions in -accordance with all applicable
2 provisions of law; and
3 (2) not later than the 15th day_.2,fter the date the
4 person completes the review or in rovide notice to the
5 iegulatory author,it the e Ults of the -review o n.
6 (b) A reLulatoxy authoyity may piescribe a reasonable
7 format for the notice -required under Subsection (a)
8 Sec. 247.005. WAIVER PROHIBITED. A authorit
waive a deadline or other
9 may not request ox require an applicant to
10 procedure unde): this chapter -
11 See. 247.006. APPEAL. (a) exso rotay appeal to the
12 governing body Of -a political subdivision:
13 (1) a decision to conditionally app-rove or disapprove
14 a development documentmadeby the Yegulatory authority for the,
15 political subdivision-ox a person authorized by Section 247.002(a)
16 to perf orm the review of the document; or
17 -(2) a decision regarding a development inspection
18 conducted b the xe ulatoxy authority or a pexson authox-Ized by
19 Section 247. 002 (b) to Re �orm the i-nspection.
20 -(b) A perso_nmust file an appeal undex this section not
21 later than the 15th da after the date the decision beingappealed
22 is made.
23 c If the governing body_hear ire g the appeat_ does not affi.-Ym
24 the decision beinga eal ed by a major'ty vote on or before the 60th
25 day after the date the apZeal. is f il ed -.
26 -(1) the development docuraent that is the subject of
27 the appeal is consider ; or
4
H.B. No. 14
1 (2) the de ..nspection that is the sub je_ �,of
2 the appeal is waived.
3 SECTION 2. Chapter 247, Local Government Code, as added by
4 this Act, applies only to a development document or a request fox a
5 development inspection., as those texms are defined by Section
6 247.001 of that code, that is submitted to the appropriate
7 xegulatory authority on or after the effective date of this Act.
8 SECTION 3. This Act takes effect September IL, 2023.
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H. B. No - 14
President of the Senate Speaker of the House
I certify that H.B. No. 14 was passed by the House on April
13, 2023t by the following vote: Yeas 1-45, Nays 1, 1 present . not
eating.
Chief Clerk of the House
I ceitify that H.B. No. 14 was passed by the Senate on May 23,
2023 r by the f o 11owing 'vote: Yeas 25 , Nays 6 -
APPROVED:
Dat e
Governox
secretary of the Senate
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