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HomeMy WebLinkAbout7-17-23 PC Minutes * M I N U T E S * JOINT PUBLIC HEARINGS PLANNING COMMISSION CITY COUNCIL City Council Chambers July 17, 2023 A Joint Public Hearing of the Planning Commission and City Council was held on July 17, 2023 and called to order at 3:00 p.m. with the following members present: Commission Members present: Chairman Sina Nejad Commissioner Johnny Beatty Commissioner Hamza Jabbar Commissioner Shawn Javed *arrived at 3:05 Commissioner Darius Linton Commissioner Lynda Kay Makin Commissioner Tom Noyola Alternate Commissioner Rogers Sorrell, Jr. Commission Members absent: Commissioner Spencer Jabbia Commissioner Eddie Senigaur Alternate Commissioner Erika Harris Councilmembers present: Mayor Roy West Mayor Pro-Tem Chris Durio Councilmember Randy Feldshau Councilmember Mike Getz Councilmember Taylor Neild Councilmember Audwin Samuel Also present: Kenneth R. Williams, City Manager Chris Boone, Assistant City Manager, Community Services Sharae Reed, City Attorney Adina Josey, Senior Planner Susan Smith, Recording Secretary APPROVAL OF MINUTES Commissioner Makin moved to approve the minutes of the Joint Public Hearings held on June 26, 2023. Commissioner Jabbar seconded the motion. The motion to approve the minutes carried 6:0. Commissioner Javed not yet present. 1 $ Planning Commission $$$ July 17, 2023 REGULAR MEETING th 1) PZ2023-261 : Request for abandonment of Street =_Sd_blc!=bYfU!Q^T!Q!`_bdY_^!_V!/3 Applicant: Zack Rowe for Southeast Texas Classic Real Estate, Inc. th Location: Street adjacent to lots 10 & JU\]QY^Y^W!`_bdY_^!_V!=_Sd_blc!=bYfU!Q^T!/3 11o V!dXU!IXicYSYQ^lc!I\\QSU!9TTYdY_^ Mrs. Josey presented the staff report. Zach Rowe of Lead Engineering, L.L.C., is requesting to th Street. The TXDOT (Texas Department of QRQ^T_^!=_Sd_blc!=bYfU!Q^T!Q!`_bdY_^!_V!/3 Transportation) expansion of the Interstate 10/Eastex interchange has taken the front portion of the property at 1000 IH-10 N. Due to the expansion, Classic Acura will demolish their existing showroom and reconstruct VebdXUb!RQS\[!_^!dXUYb!`b_`Ubdi,!9!`_bdY_^!_V!=_Sd_blc!=bYfU!gQc! abandoned in the past to accommodate overflow parking for this property. The abandonment of th Street will help accommodate dXU!bU\]QY^Y^W!`_bdY_^!_V!=_Sd_blc!=bYfU!Q^T!dXU!^_bdX!`_bdY_^!_V!/3 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 Leavins Engineering and Design, L.L.C., 3250 Eastex Freeway, Beaumont, Texas addressed the Commission. Mr. Rowe stated that Classic Acura wishes to reconstruct a new showroom and reconfigure the car lot. Commissioner Makin moved to approve the request V_b!QRQ^T_^\]U^d!_V!=_Sd_blc!=bYfU!Q^T!Q! th 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 Nejad announced that today is Seni _b!I\\Q^^Ub!9TY^Q!C_cUilc!\\Qcd!I\\Q^^Y^W!<_\]\]YccY_^! 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 Nejad to conduct the Joint Public Hearings. 6$ $ Planning 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 Hollemon 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 recently lc adopted process for the conversion of private streets and other infrastructure to public ownership and maintenance. KXU!Q\\c_!`bUcU^dUT!Q!ce\]\]Qbi!_V!dXU!<Ydilc!S_^fUiQ^SU!WeYTU\\Y^Uc, In 2021, engineering conducted a survey and analysis of the streets and drainage infrastructure. They found that the entire pavement is in very poor condition and requires a full rehabilitation. The ditches had been poorly maintained and not graded properly to drain with driveway culverts that were not set properly. The condition of water and sewer lines was unknown. At the October 2021 Planning and Zoning meeting, after some discussion, the Planning Commission requested a more thorough investigation of the drainage, water and sewer situation and 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 eliminate the multitude of services running 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) manholes on the sanitary sewer system to provide access to the lines for inspection and cleaning. Estimated cost at the time of the investigation, if performed by City staff, was $7,000. The current, updated cost estimate is $9,400. Remaining Work: The remaining work would be addressed during normal prioritization of scheduled workload and are listed in no specific order: 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: $212,000. ( Fire Department Fire Marshal Condina reviewed the site and the Fire Department has concerns k about the width and load limits of the current private street. City streets must have a 75,000 pound 7$ $ Planning Commission $$$ July 17, 2023 load limit rating and be wide enough for a fire apparatus. A majority of these streets are narrow - RUY^W!Q``b_hY\]QdU\\i!/.l/0l!gYTU, Solid Waste Solid Waste provides garbage service to 2425 Wescalder Road. If the City provides k 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 concerns, Public Works recommended denial of the request until upgrades to the streets have been completed. In addition, as there is no valid plat of the streets, it is required that an official plat of the streets be filed. Mr. Holleman has been 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. representation is a review for the Commission to understand the Fbc,!C_cUi!cdQdUT!dXQd!d_TQilc! 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 improvements will be required. Mrs. Josey also stated that at such time that the preliminary plat is presented for consideration that the Commission 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 mechanism whereby the City may perform some of the work 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 in the request. He further stated that the previous property owner subdivided the property and presented proposed plats to the City, which were denied. He also stated that the current property owners were unaware that they were purchasing property and paying taxes in a subdivision that is not approved by the City. Mr. Hollemon stated that the majority of the current property owners are unable to finance the required improvements. Fb,!A_\\\\U\]_^!cdQdUT!dXUbU!Yc!^_!A_\]U_g^Ublc!9cc_SYQdY_^!V_b!dXU! subdivision. Discussion followed by Councilmember 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 informed 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, he 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 8$ $ Planning Commission $$$ July 17, 2023 the City to take over the neighborhood. Rose Mary Fasulo Fryer, 2425 Wescalder Road, Beaumont, 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 improvements. Mrs. Fryer also expressed concern relating to the difficulty of emergency 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 from RS (Residential Single Family Dwelling) to GC-MD (General Commercial-Multiple Family Dwelling) or a more restrictive district Applicant: Nancy Resendez Location: 1845 S. Major Drive 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- \\Qglc!Q`Qbd\]U^d!Y^! 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- \\Qglc!Q`Qbd\]U^d!Qd!241.!9cXT_g^!KdbUUd,!!LXYc!`b_`Ubdi!Yc!\\_SQdUT!gYdXY^!dXU!JK! (Residential - Single-Family Dwelling) district and as such a two-family dwelling requires a Specific Use Permit. The structure will serve a dual purpose as the pool house for the property. GYS_\\Q!&!BfQ^!A_\\dj\]Q^*!_g^Ubc!_V!dXU!`b_`Ubdi*!g_e\\T!\\Y\[U!d_!\]_fU!GYS_\\Qlc!U\\TUb\\i!`QbU^dc!Y^d_! 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 for the apartment. 2. The apartment shall not be used as rental property. No permanent structure or appurtenances shall be placed within the easement property 722$ Twenty-eight (28) notices were mailed to property owners within two hundred (200) feet of the subject property. Zero responses were received in favor or in opposition. A representative of the applicant was present. Ivan Holtzman, 4630 Ashdown Street, Beaumont, Texas addressed the Commission. Mr. Holtzman stated that his in-laws are elderly and 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 recommended by staff. 9$ $ Planning Commission $$$ July 17, 2023 The public hearing on this item was opened. The applicant was present. Andrew Baumer, 335 Summerwood Street, Beaumont, Texas addressed the Commission. Mr. Baumer thanked City staff for their assistance during the application process. The public hearing on this item was closed. Commissioner Jabbar moved to approve the request for a Specific Use Permit to allow a mother- in- an RS (Residential Single Family Dwelling) District, as requested in \\Qglc!Q`Qbd\]U^d!Y^! 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. No permanent structure or appurtenances shall be placed within the easement property 722$ Commissioner Noyola seconded the motion. The motion to approve the request carried 7:0. THE MEETING ADJOURNED AT 3:52 P.M. :$ $