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Home My WebLink About10-16-23 PC Minutes * M I N U T E S * JOINT PUBLIC HEARINGS PLANNING COMMISSION CITY COUNCIL City Council Chambers October 16, 2023 A Joint Public Hearing of the Planning Commission and City Council was held on October 16, 2023 and called to order at 3:03 p.m. with the following members present: Commission Members present: Chairman Sina Nejad Commissioner Johnny Beatty Commissioner Hamza Jabbar Commissioner Shawn Javed Commissioner Darius Linton Commissioner Tom Noyola Commissioner Eddie Senigaur Commission Members absent: Commissioner Spencer Jabbia Commissioner Lynda Kay Makin Alternate Commissioner Erika Harris Alternate Commissioner Rogers Sorrell, Jr. Councilmembers present: Mayor Roy West Mayor Pro-Tem A.J. Turner *arrived at 3:39 Councilmember Chris Durio Councilmember Randy Feldshau Councilmember Mike Getz *arrived at 3:15 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 September 18, 2023. Commissioner Javed seconded the motion. The motion to approve the minutes carried 7:0. 1 $ Planning Commission $$$ October 16, 2023 REGULAR MEETING 1) PZ2023-369 : Request to approve a Replat of Lot 34, Block 2, Garden Villas into Lots 34- A and 34-B, Block 2, Garden Villas Addition, Beaumont, Jefferson County, Texas Applicant: Access Surveyors Location: 7146 and 7170 Shady Lane Mrs. Engman presented the staff report.Access Surveyors has requested approval of a Replat of $ Lot 34, Block 2, Garden Villas into Lots 34-A and 34-B, Block 2, Garden Villas Addition, Beaumont, Jefferson County, Texas. The intent of the plat is to divide the lot into two residential torial jurisdiction. \\_dc!gYdXY^!dXU!:Ydi!_V!9UQe\]_^dlc!UhdbQdUbbY Slides of the site plan and subject property were shown. Staff recommended approval of the request. Sixteen (16) notices were mailed to property owners within two hundred (200) feet of the subject property. Zero (0) responses were received in favor or in opposition. The applicant was present. Colby Brackin of Access Surveyors, 11025 Old Voth Road, Beaumont, Texas addressed the Commission. He stated that the property is being divided into two (2) residential lots. He further stated that there is currently a house situated on Lot 34-B. Further discussion followed concerning the size of each proposed lot. Commissioner Javed moved to approve the request for a Replat of Lot 34, Block 2, Garden Villas into Lots 34-A and 34-B, Garden Villas Addition, Beaumont, Jefferson County, Texas, as requested in PZ2023-369. Commissioner Noyola seconded the motion. The motion to approve the request carried 7:0. JOINT PUBLIC HEARINGS Mayor West called the Joint Public Hearings of October 16, 2023 to order at 3:09 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. 2) PZ2023-347 : Request for a Specific Use Permit and a Rezone from RCR- (Residential Conservation Revitalization-Historic) District to GM-MD-2 (General Commercial-Multiple Family Dwelling-2) District to allow a motor vehicle dealer Applicant: Mohammad Mukhtar Location: 2190 Calder Avenue 6$ $ Planning Commission $$$ October 16, 2023 Mrs. Engman presented the staff report. Mohammad Mukhtar is requesting a Rezone with a Specific Use Permit to allow a motor vehicle dealer at 2190 Calder Avenue. The subject property th is located at the southeast corner of the intersection at McFaddin Avenue and N. 6 Street and is to be rezoned from RCR-H (Residential Conservation Revitalization Historic) to GC-MD-2 k (General Commercial Multiple-Family Dwelling-2). Rezoning this property to GC-MD-2 is consistent with the adjoining zoning district, and allows for conditions that can provide a buffer for surrounding residential properties. HbY_b!d_!Q!:UbdYVYSQdU!_V!GSSe`Q^Si)!Q^!5l!g__T!_b!\]Qc_^bi!`bYfQSi!VU^SU!gY\\\\!RU!bUaeYbUT!V_b!dXU! entire length of the eastern property line to serve as a buffer from the residences to the east. Additionally, all lighting must be directional and shielded from all residential properties. Slides of the site plan and subject property were shown. Staff recommended approval with the following conditions: 1. All lighting installed must be directional and shielded from all residential properties to the northwest, north and east. 2. JXQ\\\\!Y^cdQ\\\\!5l!g__T!_b!\]Qc_^bi!VU^SU!Q\\_^W!dXU!U^dYbU!\\U^WdX!_V!dXU!UQcdUb^!`b_`Ubdi!\\Y^U+ 3. All business operations shall be in compliance with Section 28.04.007 Performance Standards. 4. No permanent structures or appurtenances shall be placed within the easement, alleyway or right-of-way property. Eleven (11) notices were mailed to property owners within two hundred (200) feet of the subject property. Zero (0) responses were received in favor and one (1) was received in opposition. The response in opposition stated that there is already a used car lot next door that is an eyesore and it will not provide a desirable atmosphere on Calder Avenue and the Historic District. As a result of this opposition, more than twenty percent (20%) of the area of the lots within two hundred (200) feet of the property are in protest and, therefore, the Specific Use Permit must receive a favorable vote of three-fourths (3/4) of all members of City Council to pass. Hani Tohme of Golden Triangle Consulting Engineers, 85 I-10 Frontage Road, Suite 204-A, Beaumont, Texas addressed the Commission. He stated that the property does not front Calder Avenue, therefore, traffic along Calder will not be impacted. Dr. Tohme further stated that the property is currently an eyesore, but planned improvements (fencing, resurfaced asphalt, and installation of a sidewalk) will make the area nicer. He also stated that there are no historic homes in the vicinity as there is an apartment complex on one side and businesses along the front, right and left side of the proposed site. Brief discussion followed concerning the existing building serving as the car dealer office, hours of operation, fencing, and resurfacing of the lot. 7$ $ Planning Commission $$$ October 16, 2023 The public hearing on this item was opened. David Bradley, 2165 North Street, Beaumont, Texas addressed the Commission. He stated that the proposed fencing will not provide enough screening. Mr. Bradley further identified several historic homes in the general area of the proposed site. He also addressed the parking setback and fencing requirements due to the property being located within the Historic District. Mr. Bradley stated that he is in opposition to the requested. The owner was present. Mohammad Mukhtar, 8895 Phelan Boulevard, Beaumont, Texas addressed the Commission. He stated that the property has been unused since he became the owner of the site ten (10) years ago. Mr. Mukhtar further stated that the unused property has been used for illegal parking, dumping of trash, and gathering of homeless persons. He also stated that the proposed business may assist with correcting these issues, along with improving the appearance of the property. Mr. Mukhtar and Dr. Tohme agreed that any fencing or other conditions required by the City will be followed. The public hearing on this item was closed. Commissioner Javed moved to approve the request for a Specific Use Permit and a Rezone from RCR-H (Residential Conservation Revitalization-Historic) District to GM-MD-2 (General Commercial-Multiple Family Dwelling-2) District to allow a motor vehicle dealer, as requested in PZ2023-347, with the following conditions recommended by staff and by adding an additional condition: 1. All lighting installed must be directional and shielded from all residential properties to the northwest, north and east. 2. wood or masonry fence along the entire length of the eastern property line. JXQ\\\\!Y^cdQ\\\\!5l 3. All business operations shall be in compliance with Section 28.04.007 Performance Standards. 4. No permanent structures or appurtenances shall be placed within the easement, alleyway or right-of-way property. 5. The motor vehicle business shall only operate between the hours of 8 a.m. and 7 p.m. Commissioner Beatty seconded the motion. The motion to approve the request carried 7:0. 3) PZ2023-354 : Request for a Specific Use Permit to allow a drinking place in the GC-MD (General Commercial-Multiple Family Dwelling) District Applicant: Jimmy Jasani of RELAX MANTRA, LLC Location: 2576 Interstate 10 East Mrs. Engman presented the staff report. Jimmy Jasani requests approval for a Specific Use Permit to allow a drinking place located at 2576 Interstate 10 East. This suite has an existing Certificate 8$ $ Planning Commission $$$ October 16, 2023 of Occupancy to operate a hookah lounge and the applicant wishes to add a bar with extended hours until 2 a.m. to it. Additional information regarding the operations of the business was not disclosed to staff. This property is in close proximity to city-owned property to the north, hotels to the west, a church and city-owned park to the east, and two (2) high density apartments located off Sweet Gum Lane. In regards to consideration of safety, 911 reports indicate from January 1, 2020 to March 28, 2023, there have been two-hundred nineteen (219) calls made in relation to the suites within the Town Center Shops Plaza. In efforts to keep this shopping center safe for patrons and surrounding properties, a drinking place may not be a compatible use at this location. Slides of the subject property were shown. Planning staff recommended denial of the request. Should Planning Commission choose to approve, staff recommended the following conditions: 1. Shall be in compliance with Section 28.04.007 Performance Standards. 2. Operational hours shall not exceed 10 p.m. on Sundays. 3. Construction plans must meet all requirements by Water Utilities for water and sanitary -flow, pre-treatment and/or cUgUb!cUbfYSUc)!Y^S\\eTY^W!Q^i!bUaeYbU\]U^dc!_V!dXU!:Ydilc!RQS\[ FOG program. 4. Construction plans and operations shall comply with applicable Health, Building and Fire Codes and requirements. Nine (9) notices were mailed to property owners within two hundred (200) feet of the subject property. Zero (0) responses were received in favor or in opposition. The applicant was present. Jimmy Jasani of Relax Mantra, LLC, 2578 I-10 East, Beaumont Texas addressed the Commission. He stated that he has owned the hookah lounge for a few months and owns no other bars. Mr. Jasani also stated that there is customer demand for a high end full service bar and a cover charge will be imposed. He further stated that the property will be kept clean and will be open four (4) days per week. Brief discussion followed concerning 911 calls in the area and safety of patrons. Mr. Jasani stated that the 911 calls were placed prior to his ownership of the property and were related to a club and restaurant that were previously operated in the shopping center The public hearing on this item was opened and closed without comment. Commissioner Senigaur moved to deny the request for a Specific Use Permit to allow a drinking place in the GC-MD (General Commercial-Multiple Family Dwelling) District, as requested in PZ2023-354. Commissioner Noyola seconded the motion. The motion to deny the request carried 7:0. 9$ $ Planning Commission $$$ October 16, 2023 4) PZ2023-383 : Request to approve a Specific Use Permit to allow a worship facility in the GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District Applicant: Pastor Sharp for Faith Christian Center Church Location: 7155 Calder Avenue Mrs. Engman presented the staff report. Pastor Carlton Sharp requests approval of a Specific Use Permit for a worship facility to be located at 7285 Calder Avenue. The GC-MD-2 zoning districts requires a Specific Use Permit for all new land uses proposed. The facility will be owned by Faith Christian Center Church and the project will include a church and family life center. The hours of operation will be Monday to Friday, 8 a.m. to 5 p.m. with Wednesdays to have extended hours from 7 p.m. to 10 p.m. and Sundays from 8 a.m. to 12 p.m. There will be four (4) full-time employees and six (6) part-time employees. This facility will host community outreach programs such as food giveaways, youth programs, back to school programs and enrichment seminars. Slides of the site plan and subject property were shown. Planning staff recommended approval with the following conditions: 1. Construction plans shall comply with all applicable Building, Health and Fire Codes and Landscaping requirements. 2. Construction plans must meet all requirements by Water Utilities for water and sanitary sewer services, including any requirements of the Ci-flow, pre-treatment and/or dilc!RQS\[ FOG program. 3. No permanent structures or appurtenances shall be placed within the easement property. 4. Shall submit a drainage and parking lot plan to include proper storm sewer design, delineated parking spaces and erosion control measures for the proposed and future parking lot. 5. Relocate the dumpster for easier access by the garbage truck. Fourteen (14) notices were mailed to property owners within two hundred (200) feet of the subject property. Zero (0) responses were received in favor or in opposition. The applicant was present. Pastor Carlton Sharp of Faith Christian Center Church, 5150 Plant Road, Beaumont, Texas addressed the Commission. He stated that the request is to construct a new worship facility in order to have a more visible location. Pastor Sharp further stated that the church recently sold its current facility to Harmony Academy. The public hearing was opened and closed without comment. Commissioner Jabbar moved to approve the request for a Specific Use Permit to allow a worship facility in the GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District, as requested in PZ2023-383, with the following conditions: :$ $ Planning Commission $$$ October 16, 2023 1. Landscaping requirements. 2. Construction plans must meet all requirements by Water Utilities for water and sanitary -flow, pre-treatment and/or cUgUb!cUbfYSUc)!Y^S\\eTY^W!Q^i!bUaeYbU\]U^dc!_V!dXU!:Ydilc!RQS\[ FOG program. 3. No permanent structures or appurtenances shall be placed within the easement property. 4. Shall submit a drainage and parking lot plan to include proper storm sewer design, delineated parking spaces and erosion control measures for the proposed and future parking lot. 5. Relocate the dumpster for easier access by the garbage truck. Commissioner Senigaur seconded the motion. The motion to approve the request carried 7:0. 5) PZ2023-390: Request for a Rezoning from GC-MD (General Commercial-Multiple Family Dwelling) District to RS (Residential Single Family Dwelling) District or a more restrictive zoning district Applicant: Faust Engineering for Donald Wise of Wise Investments Location: 5090 Concord Road Mrs. Engman presented the staff report. Faust Engineering, on behalf of Donald Wise, requests a Rezoning of a property located 5090 Concord Road from GC-MD (General Commercial k Multiple Family Dwelling) to R-S (Residential Single-Family Dwelling). Mr. Wise intends to develop townhomes for residential use. le C)<+, 8SS_bTY^W!d_!_eb!:Ydilc!:_\]`bUXU^cYfU!H\\Q^!dXU!`b_`Ubdi!Yc!\\_SQdUT!gYdXY^!dXU! Area Such areas are built up areas which are generally characterized by good to excellent &DC structural conditions and neighborhoods that are free from blighting influences such as incompatible land uses, dilapidated and delict buildings and deteriorated or poor public This 3609+:<9=-<=9/&!*+-+6<!8+9-/4:!?23-2!5+A!/@3:<!+9/!177.!<7!/@-/44/6<!./>/4785/6<!:3</:&D! bUaeUcd!Q``UQbc!d_!Q\\YW^!gYdX!_eb!:Ydilc!:_\]`bUXU^cYfU!H\\Q^!_V!9UQe\]_^d+ Slides of the site plan and subject property were shown. Staff recommended approval of the request. Fourteen (14) 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. The applicant was present. Donald Wise of Wise Investments, 1060 Brockman Street, Beaumont, Texas addressed the Commission. He stated that the project is long overdue and plans to construct quality built townhomes in the area. Mr. Wise further stated that the 2/2.5/2 townhomes will be wood framed with brick veneer. <$ $ Planning Commission $$$ October 16, 2023 The public hearing on this item was opened and closed without comment. Chairman Jabbar moved to approve the request for a Rezoning from GC-MD (General Commercial-Multiple Family Dwelling) District to RS (Residential Single Family Dwelling) District or a more restrictive zoning district, as requested in PZ2023-390. Commissioner Senigaur seconded the motion. The motion to approve the request carried 7:0. THERE BEING NO OTHER BUSINESS, THE MEETING ADJOURNED AT 3:40 P.M. =$ $