The URL can be used to link to this page

Home My WebLink About9-18-23 PC Minutes * M I N U T E S * JOINT PUBLIC HEARINGS PLANNING COMMISSION CITY COUNCIL City Council Chambers September 18, 2023 A Joint Public Hearing of the Planning Commission and City Council was held on September 18, 2023 and called to order at 3:00 p.m. with the following members present: Commission Members present: Chairman Sina Nejad Commissioner Spencer Jabbia Commissioner Shawn Javed Commissioner Darius Linton Commissioner Lynda Kay Makin Commissioner Tom Noyola Commissioner Eddie Senigaur Commission Members absent: Commissioner Johnny Beatty Commissioner Hamza Jabbar Alternate Commissioner Erika Harris Alternate Commissioner Rogers Sorrell, Jr. Councilmembers present: Mayor Roy West Mayor Pro-Tem Chris Durio Councilmember Randy Feldshau Councilmember Mike Getz Councilmember Taylor Neild Councilmember Audwin Samuel Also present: Sharae Reed, City Attorney Demi Engman, Planning Manager Elayna Luckey, Planner I Susan Smith, Recording Secretary APPROVAL OF MINUTES Commissioner Senigaur moved to approve the minutes of the Joint Public Hearings held on July 17, 2023. Commissioner Makin seconded the motion. The motion to approve the minutes carried 7:0. 1 $ Planning Commission $$$ September 18, 2023 REGULAR MEETING 1) PZ2023-316 : Request to approve a Replat of Lot 12, Block 12, Annie T. Warren Subdivision into Lots 1 and 2, Herrera Heights Addition, Beaumont, Jefferson County, Texas Applicant: Access Surveyors Location: 1855 W. Highland Drive Mrs. Engman presented the staff report.Access Surveyors has requested approval of a Replat of $ Lot 12, Block 12, Annie T. Warren Subdivision into Lots 1 and 2, Herrera Heights Addition, Beaumont, Jefferson County, Texas. The intention of the plat is to divide the lot into two residential lots. Slides of the site plan and subject property were shown. Staff recommended approval of the request with the following conditions: 1. All new lot lines comply with all building setbacks required in Section 28.03.024 District area and height regulations. The applicant was present. Colby Brackin of Access Surveyors, 11025 Old Voth Road, Beaumont, Texas addressed the Commission. Mr. Brackin clarified the size of each requested lot. Commissioner Makin moved to approve the request for a Replat of Lot 12, Block 12, Annie T. Warren Subdivision into Lots 1 and 2, Herrera Heights Addition, Beaumont, Jefferson County, Texas, as requested in PZ2023-316, with the following condition: 1. All new lot lines comply with all building setbacks required in Section 28.03.024 District area and height regulations. Commissioner Senigaur seconded the motion. The motion to approve the request carried 7:0. 2) PZ2023-326 : Request for a Preliminary Plat approval of The Gardens Subdivision, Beaumont, Jefferson County, Texas Applicant: Zack Rowe of Leavins Engineering & Design, L.L.C. Location: East of 3920 W. Cardinal Drive Mrs. Engman presented the staff report. Zach Rowe of Leavins Engineering & Design, L.L.C. requests approval to the Preliminary Plat of The Gardens Subdivision. The development is located east of 3920 W. Cardinal Drive with an outlet onto Warren Street. The subdivision proposes to create thirty (30) residential lots along the proposed Eden Way. Water and sanitary sewer services will be an extension of existing City utilities. The development will include common areas dedicated to a detention pond, tennis court, basketball court, walking trail, and playground. minimum utility easements of between ten (10) and twenty (20) feet shall NYWh\]cb!15-/2-//4!ghUhYg+!s be provided along rear and side lot lines when necessary for use by public and private utilities -t! Address condition #2. 6$ $ Planning Commission $$$ September 18, 2023 Streetlights shall be installed at all intersections and at additional NYWh\]cb!15-/2-//7)U*)1*!ghUhYg+!s locations not less than two hundred (200) feet apart. Locations shall be designated so as to provide an average separation of approximately two hundred fifty (250) feet. Variations shall occur only where lot widths and/or other conditions necessitate -t!<XXfYgg!WcbX\]h\]cb!%2-! Land which the planning commission finds to be unsuitable for NYW-!15-/2-//0)1*!ghUhYg+!s subdivision or development >O?!NI!@FII>CHA'!CGJLIJ?L!>L:CH:A?UMB:FF!HIN!<?!MO<>CPC>?>!IL! developed unless adequate methods are formulated by the developer and approved by planning commission that will solve the problems created by the unsuitable land conditions -t!<XXfYgg! condition #4. A list of the proposed restrictive covenants, conditions, and limitations NYW-!15-/1-//1)04*!ghUhYg+!s to govern the natures and use of the property being subdivided -t!<XXfYgg!WcbX\]h\]cb!%4-! Slides of the site plan and subject property were shown. Staff recommended approval with the following conditions: 1. A\]fY!\\mXfUbhg!aigh!VY!gdUWYX!U!aUl\]aia!cZ!4//u!U!dUfh!)1/10!DbhYfbUh\]cbU`!A\]fY!>cXY*- 2. RUhYf!aU\]bg!`cWUhYX!VYhkYYb!hkc!)1*!`chg!aigh!VY!WUgYX!UbX!U!0/u!YlW`ig\]jY!kUhYf!`\]bY! ea gYaYbh!g\\U``!VY!XYX\]WUhYX-!!DZ!h\\Y!kUhYf!aU\]b!\]g!bch!WUgYX+!U!1/u!YlW`ig\]jY!kUhYf!`\]bY!aigh! be dedicated. 3. Shall provide streetlight locations and streetlight symbol to the legend of the final plat. 4. Provide Secondary Drainage System for overland flow up to 100-year on all drainage plans and construction plans shall include 10-yr and 100-yr HGLs. 5. >\\Ub\[Y!bchY!%8!cb!h\\Y!d`Uh!hc!ghUhY!sh\\Y!dYfdYhiU`!aU\]bhYbUbWY!cZ!U``!Wcaacb!UfYUg!UbX! fYgYfjYg!g\\U``!VY!h\\Y!fYgdcbg\]V\]`\]hm!cZ!h\\Y!dfcdYfhm!ckbYfg-t Brief discussion followed concerning garbage services in the subdivision. The applicant was present. Zach Rowe of Leavins Engineering and Design, L.L.C., 3250 Eastex Freeway, Beaumont, Texas addressed the Commission. The applicant approved of the conditions recommended by staff. Further discussion followed regarding sidewalks in the subdivision. Commissioner Noyola moved to approve the request for Preliminary Plat approval of The Gardens Subdivision, Beaumont, Jefferson County, Texas, as requested in PZ2023-326, with the following conditions: 1. A\]fY!\\mXfUbhg!aigh!VY!gdUWYX!U!aUl\]aia!cZ!4//u!U!dUfh!)1/10!DbhYfbUh\]cbU`!A\]fY!>cXY*- 2. RUhYf!aU\]bg!`cWUhYX!VYhkYYb!hkc!)1*!`chg!aigh!VY!WUgYX!UbX!U!0/u!YlW`ig\]jY!kUhYf!`\]bY! 7$ $ Planning Commission $$$ September 18, 2023 easement shall be dedicated. If h\\Y!kUhYf!aU\]b!\]g!bch!WUgYX+!U!1/u!YlW`ig\]jY!kUhYf!`\]bY!aigh! be dedicated. 3. Shall provide streetlight locations and streetlight symbol to the legend of the final plat. 4. Provide Secondary Drainage System for overland flow up to 100-year on all drainage plans and construction plans shall include 10-yr and 100-yr HGLs. 5. >\\Ub\[Y!bchY!%8!cb!h\\Y!d`Uh!hc!ghUhY!sh\\Y!dYfdYhiU`!aU\]bhYbUbWY!cZ!U``!Wcaacb!UfYUg!UbX! reserves sha ``!VY!h\\Y!fYgdcbg\]V\]`\]hm!cZ!h\\Y!dfcdYfhm!ckbYfg-t Commissioner Javed seconded the motion. The motion to approve the request carried 7:0. 3) PZ2023-361 : Request for a Preliminary Plat approval of Windemere Subdivision, Section Five, Beaumont, Jefferson County, Texas Applicant: Jeremiah Brammer Location: Extension of Windmeadow Drive Mrs. Engman presented the 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 fYg\]XYbh\]U`!`ch-!RUhYf!UbX!gYkYf!k\]``!VY!dfcj\]XYX!Vm!Ub!YlhYbg\]cb!cZ!h\\Y!W\]hmug!ZUW\]`\]h\]Yg-! Section 217.55(g) of the Texas Administrative Code statManholes may not be spaced farther Yg+!s apart than the distances specified in the table for a wastewater collection system with straight alignment and uniform grades -t!NYWh\]cb!106-44)U*)0*!cZ!h\\Y!OYlUg!<Xa\]b\]ghfUh\]jY!>cXY!ghUhYg+! An owner must include manholes in a collection system at (1) all points of change in alignment, s grade, or nominal diameter pt!)>cbX\]h\]cb!%0* Streetlights shall be installed at all NYWh\]cb!15-/2-//7)U*)1*!cZ!h\\Y!NiVX\]j\]g\]cb!JfX\]bUbWY!ghUhYg+!s intersections and at additional locations not less than two hundred (200) feet apart. Locations shall be designated so as to provide an average separation of approximately two hundred fifty (250) feet. Variations shall occur only where lot widths and/or other conditions necessitate -t! (Condition #2) NYWh\]cb!15-/1-//1)04*!cZ!h\\Y!NiVX\]j\]g\]cb!JfX\]bUbWY!ghUhYg+!s<!`\]gh!cZ!h\\Y!dfcdcgYX!fYghf\]Wh\]jY! covenants, conditions, and limitations to govern the nature and use of the property being -4) giVX\]j\]XYX-t!)>cbX\]h\]cb!%2 Slides of the site plan and subject property were shown. Staff recommended 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. 8$ $ Planning Commission $$$ September 18, 2023 2. Eliminate the streetlight adjacent to Lots 12 and 13, Block 2, property line. 3. N\\U``!UXX!bchY!cb!Z\]bU`!d`Uh!hc!ghUhY+!sOYadcfUfm!Yfcg\]cb!Wcbhfc`!aYUgifYg!aigh!fYaU\]b!\]b! d`UWY!ibh\]`!dYfaUbYbh!aYUgifYg!UfY!YghUV`\]g\\YX-t! 4. Shall add note o b!Z\]bU`!d`Uh!hc!ghUhY+!s<``!dfcdYfhm!ckbYfg!k\]``!VY!fYei\]fYX!hc!WcbghfiWh!3u! concrete sidewalk adjacent to the street, located 4 feet from the back of curb. At street to \]bhYfgYWh\]cbg+!\]Z!Udd`\]WUV`Y+!g\]XYkU`_g!UfY!hc!\]bW`iXY!WcbghfiWh\]cb!cZ!U!4u!k\]XY!`UbX\]b\[ tie-in with concrete access ramps. If any lot is not developed within five (5) years of fYWcfXUh\]cb!cZ!h\\Y!Z\]bU`!d`Uh+!h\\Y!WiffYbh!ckbYf!g\\U``!WcbghfiWh!h\\Y!g\]XYkU`_-t! A representative of the applicant was present. Bernardino Tristan of Fittz & Shipman, Inc. 1405 Cornerstone Court, Beaumont, Texas addressed the Commission. The applicant approved of the conditions recommended by staff. Commissioner Jabbia moved to approve the request for Preliminary Plat approval of Windemere Subdivision, Section Five, Beaumont, Jefferson County, Texas, as requested in PZ2023-361, 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. N\\U``!UXX!bchY!cb!Z\]bU`!d`Uh!hc!ghUhY+!sOYadcfUfm!Yfcg\]cb!Wcbhfc`!aYUgifYg!aigh!fYaU\]b!\]b! d`UWY!ibh\]`!dYfaUbYbh!aYUgifYg!UfY!YghUV`\]g\\YX-t! 4. Shall add note o b!Z\]bU`!d`Uh!hc!ghUhY+!s<``!dfcdYfhm!ckbYfg!k\]``!VY!fYei\]fYX!hc!WcbghfiWh!3u! concrete sidewalk adjacent to the street, located 4 feet from the back of curb. At street to \]bhYfgYWh\]cbg+!\]Z!Udd`\]WUV`Y+!g\]XYkU`_g!UfY!hc!\]bW`iXY!WcbghfiWh\]cb!cZ!U!4u!k\]XY!`UbX\]b\[ tie-in with concrete access ramps. If any lot is not developed within five (5) years of fYWcfXUh\]cb!cZ!h\\Y!Z\]bU`!d`Uh+!h\\Y!WiffYbh!ckbYf!g\\U``!WcbghfiWh!h\\Y!g\]XYkU`_-t! Commissioner Makin seconded the motion. The motion to approve the request carried 7:0 4) PZ2023-365 : Request to approve a Replat of Lots 1-10, Block 4, Carver Terrace Addition into Lots 1A, 8B, 9B and 10B, Carver Terrace Addition, Beaumont, Jefferson County, Texas Applicant: Brayden Gott of Fittz & Shipman Location: 3600 Block of W. Euclid Street Mrs. Engman presented the staff report. Brayden Gott of Fittz & Shipman has requested approval of a Replat of Lots 1-10, Block 4, Carver Terrace Addition into Lots 1A, 8B, 9B and 10B, Block 4, Carver Terrace Addition, Beaumont, Jefferson County, Texas. The intention of the plat is to 9$ $ Planning Commission $$$ September 18, 2023 adjust lot lines to accommodate the construction of a new home for the property ckbYfug!ZUa\]`m-!! The northern portion of the cul-de-sac was abandoned in 2017 by City Ordinance No. 17-41. Slides of the site plan and subject property were shown. Staff recommended approval of the request. The applicant was present. Brayden Gott of Fittz & Shipman, 1405 Cornerstone Court, Beaumont, Texas addressed the Commission. The public hearing was opened and closed without comment. Commissioner Noyola moved to approve the request for a Replat of Lots 1-10, Block 4, Carver Terrace Addition into Lots 1A, 8B, 9B and 10B, Carver Terrace Addition, Beaumont, Jefferson County, as requested in PZ2023-365. Commissioner Makin seconded the motion. The motion to approve the request carried 7:0. JOINT PUBLIC HEARINGS Mayor West called the Joint Public Hearings of September 18, 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. 5) PZ2021-243: Request for the conveyance and dedication of private streets and infrastructure to the City of Beaumont Applicant: Scott Holleman and the heirs of the A.J. Fasulo Estate (Fig Acres Addition) Location: 2405-2499 Wescalder Road Mrs. Engman presented the staff report. Scott Holleman and the heirs of the A.J. Fasulo Estate have requested the City of Beaumont to 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 of private 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. 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 Commission meeting, after some discussion, the Commission requested a more thorough investigation of the drainage, water and sewer situation and minimum improvements needed for acceptance of the neighborhood. :$ $ Planning Commission $$$ September 18, 2023 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 current cost estimate is $187,046 to install water mains, service connections, water meters, and fire hydrants through City staff. 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, if performed by City staff, is $26,692. Remaining Work: The remaining work would be addressed during normal prioritization of scheduled workload and are listed in no specific order: Estimated cost of excavation of roadside ditches, installing driveway culverts to ( grade, rehabilitation of asphalt roads, etc. is $495,100. Replace sewer main lines. Estimated cost if performed by City staff: $100,500. ( It is an estimated grand total of $809,338, more or less, to bring 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 q width and load limits of the current private street. City streets must have a 75,000 pound load limit rating and be wide enough for a fire apparatus. A majority of these streets are narrow being - Uddfcl\]aUhY`m!0/u01u!k\]XY- Solid Waste Solid Waste provides garbage service to 2425 Wescalder Road. If the City provides q solid waste services, improvements to the roads will be required to maintain the weight of the garbage trucks. Slides of the subject property were shown. Staff recommended 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 to approve the request, staff recommended the following condition: 1. A plat produced by a licensed surveyor must be submitted to the Planning Office prior to final acceptance of the streets and infrastructure. <$ $ Planning Commission $$$ September 18, 2023 Nineteen (19) notices were mailed to property owners within two hundred (200) feet of the subject property. One (1) response was received in favor and zero (0) in opposition. Brief discussion followed concerning sidewalk requirements. The applicant was present. Scott Holleman, 2499 Wescalder Road, Beaumont, Texas addressed the Commission. He stated that he represents twelve (12) residents and two (2) vacant lots. He further stated that the subdivision was developed 30-40 years ago. He also stated that the residents pay taxes and receive no services from the City and was not told that it was a private road when he purchased his property. Mr. Holleman continued by stating that drainage problems within the subdivision and surrounding areas are getting worse and flooding is a concern. He further stated the property has been neglected for over sixty (60) years although the residents continue to pay taxes. Mr. Holleman also stated that the City continues to issue permits for the construction of new homes in the subdivision without warning that the property is located within an illegal subdivision. --paved by CY!ghUhYX!h\\Uh!h\\YfY!UfY!ch\\Yf!0/u01u!k\]XY!fcUXg!h\\Uh!\\UjY!VYYb!hU_Yb!UWWYdhYX!UbX!fY the City. Mr. Holleman further stated that the residents have paid for financing of the required improvements through taxation for many years. He also stated that the suggestion of the residents financing the improvements would be a hardship for the retired residents of the subdivision. Mr. Holleman stated that resident property taxes will increase should the City make drainage and street improvements, along with the residents paying for financing the improvements. He further stated that sewage lines already exist within the subdivision and should not be included in the estimate for improvements. Further discussion followed concerning the Commission working with the Staff and Council to find a solution. Discussion was also had relating to financing of the improvements. It was noted that street rehabilitation must be completed in accordance with City Codes and the permitting process was explained. The public hearing on this item was opened and closed without comment. Brief discussion followed concerning the recommended condition of the request along with the options available to the applicant. Chairman Nejad moved to table the request for a period of up to six (6) months for the purpose of additional information from the owners. Commissioner Senigaur seconded the motion. The motion to table the request carried 7:0. 6) 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 Mrs. Engman presented the staff report. Nancy Resendez is requesting approval for a Rezoning from R-S (Residential Single-Family Dwelling) to GC-MD (General Commercial Multiple- q Family Dwelling) for the property located at 1845 S. Major Drive. Major Drive is considered an =$ $ Planning Commission $$$ September 18, 2023 arterial roadway and common planning practices encourage commercial uses along such roads. However, this site abuts residentially zoned property on the east, south and west sides of the property. Slides of the subject property were shown. Staff recommended approval of a Rezoning from RS to GC-MD-2 (General Commercial q Multiple Family Dwelling-2). This district would require a Specific Use Permit for any commercial use, affording the neighboring properties the benefit of additional notifications and public hearings before such use could be established on the property. The owners are selling the property contingent upon the results of this case. Thirty-eight (38) notices were mailed to property owners within two hundred (200) feet of the subject property. Five (5) responses were received in favor and two (2) in opposition. One response in favor wished to have the request approved before a person passes and more heirs have to be added to the estate. Opposition stated that privacy is a concern and objects to any commercial or multi- ZUa\]`m!XYjY`cdaYbh-!O\\Y!dfcdYfhm!ckbYf!U`gc!fYeiYghYX!h\\Uh!U!hkY`jY!Zcch!)01u*!df\]jUWm! ZYbWY+!Ug!kY``!Ug!U!Z\]jY!Zcch!)4u*!hc!hYb!Zcch!)0/u*!ViZZYf+!VY!WcbghfiWhYX!VYhkYYb!h\\Y\]f!dfcdYfhm!UbX! operty should the request be approved. The property owner further stated that h\\Y!Udd`\]WUbhug!df they are opposed to high-rise or multilevel apartments/condos and restaurants. =f\]YZ!X\]gWigg\]cb!Zc``ckYX!WcbWYfb\]b\[!h\\Y!>\]hmug!ViZZYf!fYei\]fYaYbhg- The applicant was present. Nancy Resendez, 10310 Dominion Ranch Drive, Port Arthur, Texas addressed the Commission. She stated that she is the Executor of the Haltom estate, which has eighteen (18) heirs. Mrs. Resendez further stated that the potential buyer would like to construct a hair salon, bakery, and coffee shop on the property. Further discussion followed concerning the possibility of the potential buyer changing the type of business that will be located on the property. The public hearing on this item was opened. George Morgan, 12022 Laneview Drive, Houston, Texas addressed the Commission. The designations of GC-MD and GC-MD-2 were explained to Mr. Morgan. The public hearing on this item was closed. Chairman Nejad moved to approve the request for a Rezoning from RS (Residential Single Family Dwelling) to GC-MD-2 (General Commercial-Multiple Family Dwelling-2) or a more restrictive district, as requested in PZ2023-233. Commissioner Makin seconded the motion. The motion to approve the request carried 7:0. 7) PZ2023-315: Request for a Rezoning from RS (Residential Single Family Dwelling) to RM-H (Residential Multiple Family-Highest Density) or a more restrictive district >$ $ Planning Commission $$$ September 18, 2023 Applicant: Kendrick Martin Location: South of 2315 Rusk Street Mrs. Engman presented the 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-Family Dwelling) and RM-H (Residential Multiple FamilyHighest Density). Mr. Martin is requesting such so the entire property can be r zoned as RM-H to develop an apartment complex. vation and V2IHM?L <WWcfX\]b\[!hc!cif!>\]hmug!>cadfY\\Ybg\]jY!K`Ub!h\\Y!dfcdYfhm!\]g!`cWUhYX!k\]h\\\]b!h\\Y! area. Such areas are built up areas where a significant portion of the area is 6?PCN:FCT:NCIHW!V 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 This request NI!JL?P?HN!=IHNCHO?>!>?N?LCIL:NCIH!:H>!NI!L?P?LM?!:H>!L?J:CL!NBIM?!=IH>CNCIHM)W! UddYUfg!hc!U`\]\[b!k\]h\\!cif!>\]hmug!>cadfY\\Ybg\]jY!K`Ub!cZ!=YUiacbh!UbX!U!j\]UV`Y!XYjY`cdaYbh!d`Ub! to aid growth to this area. Slides of the subject property were shown. Staff recommended approval of the request. Twenty-two (22) notices were mailed to property owners within two hundred (200) feet of the subject property. Zero (0) responses were received in favor and zero (0) in opposition. The applicant was present. Kendrick Martin, 123 Lindsey Street, Silsbee, Texas addressed the Commission. He stated the property has been purchased and wishes to construct a sixteen (16) unit apartment complex. The public hearing on this item was opened. Danny Fontenot, 2295 Rusk Street, Beaumont, Texas addressed the Commission. Mr. Fontenot stated that he is opposed to the request as there is a 90° curve in the street where the proposed apartment complex will be constructed and is concerned that the structure will block the view of those traveling along the busy, narrow street. He further expressed concerns of access to the sewer easement located on the property. Mr. Fontenot also stated that he favors construction of a single family structure in the quiet neighborhood rather than an apartment complex The public hearing on this item was closed. The applicant was given an opportunity to speak in rebuttal. Mr. Martin stated that he will work around the concerns of the street curvature and is aware of the sewer easement on the property. Commissioner Senigaur moved to approve the request for a Rezoning from RS (Residential Single Family Dwelling) to RM-H (Residential Multiple Family-Highest Density) or a more restrictive district, as requested in PZ2023-315. Commissioner Linton seconded the motion. The motion to approve the request carried 6:1 54$ $ Planning Commission $$$ September 18, 2023 (Noyola). 8) 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 Applicant: Daniel Jeans of the H.O.W. Center Location: 1094-1098 Cottonwood Street Mrs. Engman presented the staff report. Daniel Jeans of the H.O.W. Center is requesting approval of an Amended Specific Use Permit (SUP) to allow a residential care facility located at 1094-1098 Cottonwood Street. This proposal was originally presented at the March 20, 2023 Planning Commission to develop a two-story dormitory, office space and parking lot for the H.O.W. Center. However, Mr. Jeans would like to develop a one-story dormitory, office space and parking lot, such change has expanded the building to be closer to northern residences, thus necessitating an Amended SUP. The H.O.W. Center is a facility offering room and board for men with substance abuse issues. an increase in the size of an NYWh\]cb!17-/3-//5!cZ!h\\Y!>\]hmug!`UbXgWUd\]b\[!cfX\]bUbWYg!ghUhYg+!s existing parking lot by twenty-five (25) percent in the number of parking spaces or more shall require the entire parking lot, in addition to the twenty-five (25) percent expansion, to be brought into compliance with this sectiongulation. -t!!O\\Y!giVa\]hhYX!g\]hY!d`Ub!UddYUfg!hc!Wcad`m!k\]h\\!h\\\]g!fY Slides of the subject property were shown. Staff recommended approval of the request with the following conditions: 1. Construction plans shall comply with all applicable Building and Fire Code and requirements. 2. Construction plans must meet all requirements by Water Utilities for water and sanitary -flow, pre-treatment and/or gYkYf!gYfj\]WYg+!\]bW`iX\]b\[!Ubm!fYei\]fYaYbhg!cZ!h\\Y!>\]hmug!VUW_ FOG program. 3. Sanitary sewer line shall be tied to the City line located in the alleyway or to Cottonwood Street. 4. The existing water meter located in the proposed driveway along Cable Avenue must be moved or abandoned. Twenty-seven (27) notices were mailed to property owners within two hundred (200) feet of the subject property. Zero (0) responses were received in favor and two (2) in opposition. The property owner in opposition stated that there are sex offenders on Gulf Street and probation on Cable Street. The owner further stated that they do not wish another halfway house in the neighborhood. The applicant was present. Daniel Jeans of H.O.W. Center, 2509 Cable Avenue, Beaumont, Texas addressed the Commission. He stated construction plans have changed in that a one-story structure will be built rather than a two-story and the square footage is less than originally budgeted. Mr. Howe further stated that the dormitory will house a maximum of forty-two (42) residents. He then 55$ $ Planning Commission $$$ September 18, 2023 explained the purpose of the H.O.W. Center. The public hearing on this item was opened. Delbert Chatman, 2471 Grand Street, Beaumont, Texas addressed the Commission. He stated that although the intentions are good, the applicant is making the area a halfway house complex. Mr. Chatman further stated that he has safety concerns about the residents living at the facility. Martha Simien, 5745 Springdale Lane, Beaumont, Texas addressed the Commission. She stated concerns relating to the number of halfway houses in the neighborhood. Louis Bryant, 2440 Cable Avenue, Beaumont, Texas addressed the Commission. He stated concerns relating to declining property values within the area of the facility. Mr. Bryant also expressed safety concerns relating to the residents of the facility. Michael Nettles, 999 Cottonwood Street, Beaumont, Texas addressed the Commission. Mr. Nettles stated that he opposes the facility. He further stated that there are too many similar facilities in the neighborhood and it should be located in another area of the City. Mr. Nettles also stated that he has safety concerns relating to small children living in a neighboring home. The public hearing on this item was closed. The applicant was given an opportunity to speak in rebuttal. Mr. Jeans stated that no one is mandated to reside at the facility as they are there on a volunteer basis. He further stated that a neighboring home was purchased to be demolished and another was purchased to be moved to another location. Mr. Jeans also stated that the Center does not intend to expand the facility, it will only change its proposal from a two-story structure to a one-story structure. He further stated that security measures are in place to keep the neighborhood safe. Mr. Jeans also stated that no disturbances or major crimes have been committed at the facility. He Further discussion followed concerning crime with Mr. Jeans stating that no disturbances or major crimes have been committed at the facility. Commissioner Noyola moved to approve the request for an Amended Specific Use Permit to allow a residential care facility in the RM-H (Residential Multiple Family-Highest Density) District, as requested in PZ2023-348, with the following conditions: 1. Construction plans shall comply with all applicable Building and Fire Code and requirements. 2. Construction plans must meet all requirements by Water Utilities for water and sanitary -flow, pre-treatment and/or gYkYf!gYfj\]WYg+!\]bW`iX\]b\[!Ubm!fYei\]fYaYbhg!cZ!h\\Y!>\]hmug!VUW_ FOG program. 3. Sanitary sewer line shall be tied to the City line located in the alleyway or to Cottonwood Street. 56$ $ Planning Commission $$$ September 18, 2023 4. The existing water meter located in the proposed driveway along Cable Avenue must be moved or abandoned. Commissioner Makin seconded the motion. The motion to approve the request carried 6:1 (Senigaur). 9) PZ2023-351: Request for a Specific Use Permit to allow an event hall in the CBD (Central Business District) Applicant: Richard Gilbert of GP Realty and Management, Inc. Location: 1690 Orleans Street Mrs. Engman presented the staff report. Richard Gilbert of GP Realty and Management, Inc, is requesting approval of a Specific Use Permit to allow an event hall to be located at 690 Orleans Street. They intend to host events such as weddings, receptions, anniversaries, birthdays and more. The hours of operation will be from 12pm to midnight and have seven (7) employees. Security will be present at each event and all food will be catered. 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, 2023 by Building Codes staff for the addition of a deck to the west side of the building, protruding into the parking lot. For compliance, a building permit and inspections will be necessary to obtain for the addition. Slides of the subject property were shown. Staff recommended approval of the request with the following conditions: 1. Construction plans shall comply with all applicable Building and Fire Code and requirements. 2. Construction plans must meet all requirements by Water Utilities for water and sanitary sewer services, -flow, pre-treatment and/or \]bW`iX\]b\[!Ubm!fYei\]fYaYbhg!cZ!h\\Y!>\]hmug!VUW_ FOG program. 3. Must obtain a building permit and complete all necessary inspections for the addition. Twenty-seven (27) notices were mailed to property owners within two hundred (200) feet of the subject property. Zero (0) responses were received in favor and zero (0) in opposition. Brief discussion followed concerning the deck being constructed without permits. The applicant was present. Richard Gilbert of GP Realty and Management, Inc., 4606 FM 1960 W, Ste. 640 Houston, Texas addressed the Commission. He stated that a tenant constructed the deck without obtaining permits and it has been removed. Mr. Gilbert further stated that he previously obtained a Specific Use Permit for renovation of the upper floors for the purpose of building lofts. He also stated that the lofts have not yet been constructed, however, future loft 57$ $ Planning Commission $$$ September 18, 2023 tenants will be informed of the proposed event hall located on the first floor. The applicant approved of the conditions recommended by staff. The public hearing on this item was opened and closed without comment. Commissioner Senigaur moved to approve the request for a Specific Use Permit to allow an event hall in the CBD (Central Business District), as requested in PZ2023-351, with the following conditions: 1. Construction plans shall comply with all applicable Building and Fire Code and requirements. 2. Construction plans must meet all requirements by Water Utilities for water and sanitary -flow, pre-treatment and/or gYkYf!gYfj\]WYg+!\]bW`iX\]b\[!Ubm!fYei\]fYaYbhg!cZ!h\\Y!>\]hmug!VUW_ FOG program. 3. Must obtain a building permit and complete all necessary inspections for the addition. Commissioner Makin seconded the motion. The motion to approve the request carried 7:0. 10) PZ2023-356: Request for a Specific Use Permit to allow a multi-family development in the CBD (Central Business District) Applicant: Richard Gilbert of GP Realty and Management, Inc. Location: 704 Neches Street Mrs. Engman presented the staff report. Richard Gilbert of GP Realty and Management, Inc, is requesting a Specific Use Permit to allow construction of a multiple-family development located at 704 Neches 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. Slides of the subject property were shown, Staff recommended approval of the request with the following conditions: 1. Construction plans shall comply with all applicable Building, Engineering and Fire Code and requirements. 2. Construction plans must meet all requirements by Water Utilities for water and sanitary -flow, pre-treatment and/or gYkYf!gYfj\]WYg+!\]bW`iX\]b\[!Ubm!fYei\]fYaYbhg!cZ!h\\Y!>\]hmug!VUW_ FOG program. Thirty-three (33) notices were mailed to property owners within two hundred (200) feet of the subject property. Zero (0) responses were received in favor and zero (0) in opposition. The applicant was present. Richard Gilbertt of GP Realty and Management, Inc., 4606 FM 1960 58$ $ Planning Commission $$$ September 18, 2023 W, Ste. 640 Houston, Texas addressed the Commission. He stated that the proposed development will be a twelve (12) unit three (3) story apartment complex and will have the same aesthetics as the adjacent townhomes, which currently has 100% occupancy. Mr. Gilbert further stated that Beaumont Main Street conducted a study with results indicating that residents wishing to reside downtown want market-rate or unsubsidized apartments. He also stated that he is not seeking approval of subsidized housing. Brief discussion followed concerning specifics of the request. The public hearing on this item was opened without comment. Commissioner Makin moved to approve the request for a Specific Use Permit to allow a multi- family development in the CBD (Central Business District), as requested in PZ2023-356, with the following conditions: 1. Construction plans shall comply with all applicable Building, Engineering and Fire Code and requirements. 2. Construction plans must meet all requirements by Water Utilities for water and sanitary k-flow, pre-treatment and/or gYkYf!gYfj\]WYg+!\]bW`iX\]b\[!Ubm!fYei\]fYaYbhg!cZ!h\\Y!>\]hmug!VUW FOG program. Commissioner Javed seconded the motion. The motion to approve the request carried 7:0. 11) PZ2023-360: Request for a Specific Use Permit to allow a substance use disorder treatment facility in the CBD (Central Business District) Applicant: Thomas Aardahl Location: 380 Main Street Mrs. Engman presented the staff report. Recovery Council of Southeast Texas, formerly known as Southeast Texas Council on Alcohol and Drug Abuse, is requesting a Specific Use Permit to allow a substance abuse disorder treatment facility at 380 Main Street. They provide a 24/7, 60-day program for inpatient and outpatient individuals. The site will host up to forty (40) clients participating in the 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 is provided to the north. The purchase of this property is contingent upon the outcome of this case. A specific use permit shall be issued only if all of NYWh\]cb!17-/3-//0)Y*!cZ!h\\Y!JfX\]bUbWYg!ghUhYg+!s the following conditions have been found: (1) that the specific use will be compatible with and not injurious to the use and enjoyment of other property, nor significantly diminish or impair property values within the immediate vicinity; (2) That the establishment of the specific use will not impede the normal and orderly development and improvement of surrounding vacant JLIJ?LNSU t!!O\\Y! 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. 59$ $ Planning Commission $$$ September 18, 2023 Slides of the subject property were shown, Although this is a needed service within our community, staff recommended denial of this request based on the aforementioned and encourages Recovery Council of Southeast Texas to select a compatible site. Seventeen (17) notices were mailed to property owners within two hundred (200) feet of the subject property. Zero (0) responses were received in favor and zero (0) in opposition. The applicant was present. Thomas Aardahl of Recovery Council of Southeast Texas. 4675 Washington Boulevard, Ste. C, Beaumont, Texas addressed the Commission. He stated that the proposed treatment facility is not a halfway house, but concentrates on behavior health services that focuses on drug treatment. He also stated that the industry is heavily regulated. Mr. Aardahl further stated that individuals from all walks of life will be treated at the facility. He also stated that the facility will not impede on the sale of alcohol at nearby businesses, nor will the businesses impede upon the facility by selling alcohol. He also stated that the building will be purchased and undergo a one million dollar renovation. Mr. Aadahl explained that the current facility flooded twice and will be sold, thus combining the two facilities into one at the newly renovated site. He further discussed use of the proposed location and stated that Recovery Council has search for a new location for two years. The public hearing on this item was opened and closed without comment. Commissioner Makin moved to deny the request for a Specific Use Permit to allow a substance use disorder treatment facility in the CBD (Central Business District) as requested in PZ2023-360. Commissioner Senigaur seconded the motion. The motion to approve the request carried 6:1. (Linton) th 12) PZ2023-370: Request for the closure of access to Interstate 10 East Feeder Road from 8 th and 9 Streets Applicant: Nancy Peron of Texas Department of Transportation thth Location: End of 8 and 9 Streets between the northern edge of pavement of Beech Street and southern edge of pavement of Interstate 10 East Feeder Road Mrs. Engman presented the staff report. The Texas Department of Transportation (TXDOT) is thth requesting closure of access to Interstate 10 East Feeder Road from 8 and 9 Streets. This request is to facilitate construction of a sound wall barrier between the feeder road and the Oaks Historic -10 & US-69 Interchange Project. Traffic will be ?\]ghf\]Wh!hc!a\]b\]a\]nY!\]adUWh!Zfca!h\\Y!NhUhYug!DC thth able to access the feeder road by way of 10 Street and 7 Street. This item was sent to all interested parties and received zero in opposition from City staff. Slides of the subject property were shown, Planning staff recommended approval of the request. 5:$ $ Planning Commission $$$ September 18, 2023 Notices were mailed to property owners within two hundred (200) feet of the subject property. Zero (0) responses were received in favor and zero (0) in opposition. A representative of the applicant was present. Trevor Reed of Volkert Engineering, 2850 Shoreline Trail, Suite 303, Rockwall, Texas addressed the Commission. He stated that he is the Consultant/Project Manager for the TXDOT I-10 & US-69 Interchange Project. Mr. Reed provided a history of the project and changes in the design process. He also stated that a public meeting was held May 18, 2023 to discuss the sound wall barrier changes. Mr. Reed further stated that a voting process of residents resulted with the majority being in favor of the request. Brief discussion followed concerning specifics of the request. The public hearing on this item was opened and closed without comment. Commissioner Makin moved to approve the request for the closure of access to Interstate 10 East thth Feeder Road from 8 and 9 Streets, as requested in PZ2023-370. $ Commissioner Noyola seconded the motion. The motion to approve the request carried 7:0. OTHER BUSINESS th 1) Discuss Texas House Bills passed in the 88 Legislature regarding platting and subdivision developments. Mrs. Engman read a portion of the newly adopted Bill and discussed upcoming ordinance amendments required to conform with State law. THE MEETING ADJOURNED AT 4:52 P.M. 5<$ $