HomeMy WebLinkAbout11-20-23 PC Minutes
* M I N U T E S *
JOINT PUBLIC HEARINGS
PLANNING COMMISSION
CITY COUNCIL
City Council Chambers
November 20, 2023
A Joint Public Hearing of the Planning Commission and City Council was held on November 20,
2023 and called to order at 3:03 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
Commission Members absent: Commissioner Johnny Beatty
Commissioner Hamza Jabbar
Commissioner Eddie Senigaur
Alternate Commissioner Erika Harris
Alternate Commissioner Rogers Sorrell, Jr.
Councilmembers present: Mayor Roy West
Mayor Pro-Tem A.J. Turner
Councilmember Randy Feldshau
Councilmember Mike Getz
Councilmember Audwin Samuel
*arrived at 3:29 p.m.
Also present: Kenneth R. Williams, City Manager
Chris Boone, Assistant City Manager, Community Services
Sharae Reed, City Attorney
Demi Engman, Planning Manager
Elayna Luckey, Planner I
Susan Smith, Recording Secretary
APPROVAL OF MINUTES
Commissioner Noyola moved to approve the minutes of the Joint Public Hearings held on October
16, 2023. Commissioner Makin seconded the motion. The motion to approve the minutes carried
6:0.
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November 20, 2023
REGULAR MEETING
1) PZ2023-432
: Request to approve a Replat of Lots 1 and 2 of Christ Community
Subdivision into Lots 1-A and 2-A of Christ Community Subdivision,
Beaumont, Jefferson County, Texas
Applicant: Tom Rowe of Whiteley Infrastructure Group
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Location: 415 and 475 S. 11 Street
Mrs. Engman presented the staff report. Tom Rowe of Whiteley Infrastructure Group has requested
approval of a Replat of Lots 1 and 2, Christ Community Subdivision into Lots 1-A and 2-A, Christ
Community Subdivision, Beaumont, Jefferson County, Texas. The intent of the plat is to adjust a
common lot line to increase real property for Lot 2-A.
Slides of the site plan and subject property were shown.
Planning 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 and zero (0) in opposition.
The applicant was present. Tom Rowe of Whiteley Infrastructure Group, 655 Langham, Unit 14,
Beaumont, Texas addressed the Commission. He stated that the owner is in need of additional
business parking.
Commissioner Noyola moved to approve the request for a Replat of Lots 1 and 2 of Christ
Community Subdivision into Lots 1-A and 2-A of Christ Community Subdivision, Beaumont,
Jefferson County, Texas, as requested in PZ 2023-432.
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Commissioner Javed seconded the motion. The motion to approve the request carried 6:0.
JOINT PUBLIC HEARINGS
Mayor West called the Joint Public Hearings of November 20, 2023 to order at 3:18 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) PZ2023-410:
Request for a Specific Use Permit to allow a scrap recycling collection
center within the LI (Light Industrial) District
Applicant: Hussain Dadabhoy
Location: 565 Orange Avenue
Mrs. Engman presented the staff report. Husain Dadabhoy is requesting a Specific Use Permit to
allow a scrap recycling collection center at 565 Orange Avenue. Operations of this facility will
include the collection, purchase, and shipment of scrap metal and other recyclable materials from
both the public and industrial sources. They will collect various recyclable materials such as scrap
metal, plastics, paper, and electronics and offer fair market prices encouraging individuals and
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November 20, 2023
businesses to participate actively in recycling efforts. The site will consist of concrete pathways
within the yard, construct a storage building, and include a small office space for administration.
Slides of the site plan and subject property were shown.
Planning staff recommended approval of the request with the following conditions:
1. Construction plans must meet all requirements by Water Utilities for water and sanitary
-flow, pre-treatment and/or
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FOG program.
2. Construction plans shall comply with all applicable Building and Fire Codes.
3.
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materials are stored outside of a building.
4. Storage of any kind shall not encroach onto any public right-of-way.
5. Shall adhere to all State statutes, local ordinances and required licensing for a metal
recycling entity.
Eighteen (18) 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. Hussain Dadabhoy, 2901 FM 365 West, Port Arthur, Texas addressed
the Commission. He stated that the proposed recycling facility will collect recyclable materials
and then transfer the materials to its Port Arthur facility for processing. Mr. Dadabhoy further
stated that small machinery will be operated which will not cause noise pollution. He also stated
that the facility will operate 8:00 a.m. to 5:00 p.m. Monday through Friday and will employ 8-12
individuals. Mr. Dadabhoy further stated that the property has been purchased.
The public hearing on this item was opened and closed without comment.
Commissioner Javed moved to approve the request for Specific Use Permit to allow a scrap
recycling collection center within the LI (Light Industrial) District, as requested in PZ 2023-410,
with the following conditions:
1. Construction plans must meet all requirements by Water Utilities for water and sanitary
-flow, pre-treatment and/or
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FOG program.
2. Construction plans shall comply with all applicable Building and Fire Codes.
3.
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materials are stored outside of a building.
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4. Storage of any kind shall not encroach onto any public right-of-way.
5. Shall adhere to all State statutes, local ordinances and required licensing for a metal
recycling entity.
Commissioner Makin seconded the motion. The motion to approve the request carried 6:0.
3) PZ2023-411:
Request for a Rezoning from LI (Light Industrial) District to PD (Port
Development) District
Applicant: Port of Beaumont
Location: 1200 Park Street
Mrs. Engman presented the staff report. The Port of Beaumont requests the property located at
1200 Park Street to be rezoned from LI (Light Industrial) District to PD (Port Development)
District. They intend to develop the site to accommodate truck queuing, cargo storage and
workforce development to increase efficiency of operations and adjust to the growing
infrastructure needs associated with moving goods and services to and from the Port. This request
aligns with the interlocal agreement between the Port of Beaumont and the City of Beaumont
executed by Resolution No. 23-015 in January of 2023.
Slides of the site plan and subject property were shown.
Planning staff recommended approval the request.
Thirty-two (32) notices were mailed to property owners within two hundred (200) feet of the
subject property. Zero (0) responses were received in favor.
Chairman Nejad stated that he will be abstaining from the vote as the Port of Beaumont is a
business client.
A representative of the applicant was present. Sadé Chick of Port of Beaumont, 2125 East Nevada
Street, Beaumont, Texas addressed the Commission. She stated that the property will be used as a
truck queuing site, as well as a workforce development and training center specific to the
transportation industry. Ms. Chick further stated that the current building located on the property
will be utilized as the training center.
The public hearing on this item was opened and closed without comment.
Commissioner Jabbia moved to approve the request for a Rezoning from LI (Light Industrial)
District to PD (Port Development) District, as requested in PZ2023-411.
Commissioner Javed seconded the motion. The motion to approve the request carried 5:0:1
(Nejad).
4) PZ2023-412:
Request for a Rezoning from C-M (Commercial Manufacturing) District to
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PD (Port Development) District
Applicant: Port of Beaumont
Location: 412 Emmett Avenue, 1353-1399 Park Street, and properties just north and
east of 1353 Park Street
Mrs. Engman presented the staff report. The Port of Beaumont requests a Rezone to a 2.76-acre
portion of property located at 412 Emmett Avenue and properties adjacent to the north and west
and 1353-1399 Park Street from C-M (Commercial - Manufacturing) to PD (Port Development)
District. They intend to develop the site to accommodate truck queuing, cargo storage and
workforce development to increase efficiency of operations and adjust to the growing
infrastructure needs associated with moving goods and services to and from the Port. This request
aligns with the interlocal agreement between the Port of Beaumont and the City of Beaumont
executed by Resolution No. 23-015 in January of 2023.
Slides of the site plan and subject property were shown.
Planning staff recommended approval of the request.
Thirty-eight (38) 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.
Chairman Nejad stated that he will be abstaining from the vote as the Port of Beaumont is a
business client.
The applicant was present. Sadé Chick of Port of Beaumont, 2125 East Nevada Street, Beaumont,
Texas addressed the Commission. She stated that the property will continue to be utilized as a
truck queuing area in order to remove trucks from City streets which would otherwise be used as
a staging area for trucks calling on the Port of Beaumont.
The public hearing on this item was opened and closed without comment.
Commissioner Javed moved to approve the request for a Rezoning from C-M (Commercial
Manufacturing) District to PD (Port Development) District, as requested in PZ2023-412.
Commissioner Linton seconded the motion. The motion to approve the request carried 5:0:1
(Nejad).
5) PZ2023-431:
Request for a Specific Use Permit to allow a heavy equipment dealership
and repair shop within the GC-MD (General Commercial-Multiple Family
Dwelling) District
Applicant: Jennifer King
Location: 3265 Eastex Freeway
Mrs. Engman presented the staff report. Jennifer King requests approval of a Specific Use Permit
to allow a John Deere equipment dealership and repair shop to be located at 3265 Eastex Freeway.
The building existing at this location has been used as an automotive collision and body shop for
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some time.
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Ordinances to determine where land uses are permitted, conditionally permitted or not permitted
in certain zoning districts. The categorization of businesses derives from the Standard Industrial
Classification Manual published by the Executive Office of the President Office of Management
and Budget. Strict compliance of the ordinances requires a successful Specific Use Permit for a
heavy equipment dealership to operate within the GC-MD zoning district. The proposed use
appears to be a compatible use at the proposed location in respect to existing surrounding land
uses.
Slides of the site plan and subject property were shown.
Planning staff recommended approval of the request, with the following conditions:
1. Construction plans must meet all requirements by Water Utilities for water and sanitary
-flow, pre-treatment and/or
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FOG program.
2. Construction plans shall comply with all applicable Building and Fire Codes.
3. Equipment shall not encroach or be displayed within any easements or right-of-way.
4.
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accordance with Section 28.04.006 Landscaping and screening requirements. All parts of
-
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of-way.
Five (5) 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 landscaping buffer recommendation.
The applicant was present. Jennifer King, 1335 Brittmoore Road, Houston, Texas addressed the
Commission. She stated that Doggett is currently leasing property for a heavy equipment
dealership/repair shop and would like to move the dealership/repair shop to the requested site.
The public hearing on this item was opened and closed without comment.
Commissioner Makin moved to approve the request for Specific Use Permit to allow a heavy
equipment dealership and repair shop within the GC-MD (General Commercial-Multiple Family
Dwelling) District, as requested in PZ2023-431, with the following conditions:
1. Construction plans must meet all requirements by Water Utilities for water and sanitary
-flow, pre-treatment and/or
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FOG program.
2. Construction plans shall comply with all applicable Building and Fire Codes.
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3. Equipment shall not encroach or be displayed within any easements or right-of-way.
4.
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accordance with Section 28.04.006 Landscaping and screening requirements. All parts of
-
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of-way.
Commissioner Noyola seconded the motion. The motion to approve the request carried 6:0.
6) PZ2023-437:
Request for an Amended Specific Use Permit for a new classroom building
within the RS (Residential Single Family Dwelling) District
Applicant: Legacy Christian Academy
Location: 8200 Highway 105
Mrs. Engman presented the staff report. Legacy Christian Academy requests approval of an
Amended Specific Use Permit to allow a new classroom building to be constructed on the property
located at 8200 Highway 105. The new classroom will be approximately 9,300 sq. ft. in size and
is to be comprised of eight (8) classrooms, restrooms and a teach workroom area. This building
will serve junior high students for normal classroom activities.
Slides of the site plan and subject property were shown.
Staff recommended approval of the request with the following conditions:
1. Construction plans must meet all requirements by Water Utilities for water and sanitary
-flow, pre-treatment and/or
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Construction plans shall comply with all applicable Building and Fire Codes
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Ninety-two (92) 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. Chris Leavins, 550 Fannin Street, Suite 400, Beaumont, Texas
addressed the Commission. He stated that the existing building will be demolished and a new,
larger building constructed in its place.
The public hearing on this item was opened and closed without comment.
Commissioner Noyola moved to approve the request for an Amended Specific Use Permit for a
new classroom building within the RS (Residential Single Family Dwelling) District, as requested
in PZ2023-437, with the following conditions:
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1. Construction plans must meet all requirements by Water Utilities for water and sanitary
-flow, pre-treatment and/or
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Construction plans shall comply with all applicable Building and Fire Codes
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Commissioner Jabbia seconded the motion. The motion to approve the request carried 6:0.
7) PZ2023-441:
Request for a Specific Use Permit and Rezone from RS (Residential Single
Family Dwelling) District to GC-MD-2 (General Commercial-Multiple
Family Dwelling-2) District to allow a floor covering store
Applicant: Hillary Dishman of The Floor Shoppe
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Location: 505 25 Street
Mrs. Engman presented the staff report. Hillary Dishman of The Floor Shoppe is requesting a
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Rezone with a Specific Use Permit to allow a floor covering business at 505 25 Street. The
business operations will include sale of interior design, furniture, flooring, bedding and more. The
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subject property is located at the western corner of 25 Street and Calder Avenue and is to be
rezoned from R-S (Residential Single-Family Dwelling) to GC-MD-2 (General Commercial
Multiple-Family Dwelling-2).
Commercially zoned property exists in this area along the south side of Calder Avenue and the
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intersection of W. Lucas Drive and Calder Avenue, however, the numbered streets of 19 through
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25 including Thomas and Circuit Roads are residentially zoned on both sides of the streets and
should remain so. Any change to this pattern may allow for similar encroachments into residential
areas along the other mentioned streets.
15-minute city
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15-minute city is an urban planning concept in which most daily necessities and services such as
work, shopping, education, healthcare and leisure can be easily reached by a 15-minute walk, bike
ride or public transit ride from any point in the City. While rezoning may be advocated for other
parts of the city to accommodate this concept, this particular area is already established as such.
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Therefore, the request to rezone 505 25 Street may encourage infiltration of commercial uses into
an established single-family dwelling neighborhood when it may not be necessary.
Slides of the site plan and subject property were shown.
Staff recommended denial of the request. Should the Planning Commission and/or City Council
choose to approve, staff recommended the following conditions:
1. Construction plans must meet all requirements by Water Utilities for water and sanitary
-flow, pre-treatment and/or
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FOG program.
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2. No permanent structures or appurtenances shall be placed within the easement, alleyway
or right-of-way property.
3. Construction plans shall comply with all applicable Building and Fire Codes.
4. Construction plans shall be in compliance with Section 28.04.006 Landscaping and
screening requirements
5. All lighting installed must be directional and shielded from all residential properties to the
north, northeast and east.
6. All business operations shall be in compliance with Section 28.04.007 Performance
Standards.
Chairman Nejad stated that he will be abstaining from the vote as the property in question is located
property.
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Twenty-four (24) notices were mailed to property owners within two hundred (200) feet of the
subject property. Three (3) responses were received in favor and zero (0) in opposition.
The applicant was present. Brian Shook, 4215 Calder Avenue, Beaumont, Texas addressed the
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Commission. He stated that there will be no additional traffic on 25 Street as the property will be
accessed on Calder Avenue. He also stated that the purchase of the property is contingent upon the
decision of the Planning Commission. Mr. Shook further stated that the current structure will
remain on site as a show room and storage is off-site.
Further discussion followed concerning location of the driveway for customers and employees,
number of employees, and hours of operation.
Applicant Hillary Dishman, 4215 Calder Avenue, Beaumont, Texas addressed the Commission.
She stated that additional customer parking is located at their warehouse property located across
the street on Calder Avenue.
The public hearing on this item was opened.
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Sam Parigi, 445 N. 14 Street, Beaumont, Texas addressed the Commission. He stated that he is
in favor of the request. Mr. Parigi further stated that the small business owners need space and this
approach is an inexpensive manner in which to start a new business.
Terry Denson, 310 Neel Avenue, Lumberton, Texas addressed the Commission. He stated that he
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owns property located at 525 24 Street. Mr. Denson further stated that he is opposed to the request
because he does not want commercial use of property in the residential area. He also stated that
approving the Specific Use Permit will open the door for additional use of commercial property in
the residential area.
The applicant was given an opportunity to speak in rebuttal. Ms. Dishman stated that she owns
another commercial business that is located in a residential areas. She further stated that she has
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November 20, 2023
assisted those residential neighbors by removing damaged carpeting free of charge to neighboring
homes affected by Tropical Storm Imelda.
Brenda Denson, 310 Neel Avenue, Lumberton, Texas addressed the Commission. She stated that
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she owns property located at 525 24 Street. Mrs. Denson further stated that she is opposed to the
request due to traffic concerns and feels the location should remain a residential area.
The applicant was given an opportunity to speak in rebuttal. Ms. Dishman had no further
comments.
The public hearing on this item was closed.
Commissioner Linton moved to deny the request for a Specific Use Permit and Rezone from RS
(Residential Single Family Dwelling) District to GC-MD-2 (General Commercial-Multiple
Family Dwelling-2) District to allow a floor covering store, as requested in PZ2023-441.
Commissioner Jabbia seconded the motion. The motion to deny the request carried 5:0:1 (Nejad).
8) PZ2023-443:
Request for a Rezoning from RM-H (Residential Multiple Family
Dwelling-Highest Density) District to HI (Heavy Industrial) District or a
more restrictive district
Applicant: Jessie Bobb
Location: 2055 South Street
Mrs. Engman presented the staff report. Jessie Bobb is requesting a Rezoning of the property from
RM-H (Residential Multiple-Family Dwelling-Highest Density) District to HI (Heavy Industrial)
District or a more restrictive zoning district to the property located at 2055 South Street. Mr. Bobb
intends to use the site to park cars as an extension of his business located across the street, 2030
South Street. It should be noted, records show that business to have multiple violations over the
past ten (10) years for junk motor vehicles and storage of cars within the public right-of-way.
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The HI zoning district in this area was established to reflect the industrial uses east of 4 Street
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and for a limited extent west of 4 Street. The zoning map, Exhibit A, clearly shows where the
line of demarcation has held for decades, allowing the old uses, but protecting the adjacent
neighborhood. Any change to this pattern could encourage further erosion of the neighborhood to
the west.
Slides of the site plan and subject property were shown.
Staff recommended denial of the request.
Twenty (20) 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 current fence located on the property and the number of
residential homes in the area.
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A representative of the applicant was present. Barbara Wilson, 2441 Liberty Street, Beaumont,
Texas addressed the Commission. She stated that Mr. Bobb has owned the business for thirty-eight
years and received violations due to customers dropping off and parking vehicles along the street.
Ms. Wilson further stated that he purchased the property across the street from his business in
order that his customers can use it as overflow parking.
The public hearing on this item was opened and closed without comment.
Commissioner Noyola moved to deny the request for a Rezoning from RM-H (Residential
Multiple Family Dwelling-Highest Density) District to HI (Heavy Industrial) District or a more
restrictive district, as requested in PZ2023-443.
Commissioner Makin seconded the motion. The motion to deny the request carried 6:0.
9) PZ2023-444:
Request for a Specific Use Permit and Rezone from NC (Neighborhood
Commercial) District to GC-MD-2 (General Commercial-Multiple Family
Dwelling-2) District to allow a boarding house
Applicant: Blake Laughlin for
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Location: 3875 Laurel Street
Mrs. Engman presented the staff report.
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for a Rezone from NC (Neighborhood Commercial) to GC-MD-2 (General Commercial-Multiple
Family Dwelling-2) and a Specific Use Permit to allow a boarding house to be located at 3875
Laurel Street. The building will contain five (5) rooms and two (2) private bathrooms, one common
area, and one utility room for all residents to share. The Hope House intends to offer temporary
housing for women who are unemployed, dependent on a spouse or family member(s), or unable
to financially support themselves and children. The facility will give women with children time to
find long-term solutions to housing, food and income.
Slides of the site plan and subject property were shown.
Planning staff recommended approval of the request, with the following conditions:
1. Construction plans must meet all requirements by Water Utilities for water and sanitary
sewer services, inclu-flow, pre-treatment and/or
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2. No permanent structures or appurtenances shall be placed within the easement property.
3. Construction plans shall comply with all applicable Building, Engineering and Fire Codes.
Fifteen (15) 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. Blake Laughlin, 5565 Keith Road, Lumberton, Texas addressed the
Commission. He stated that the clinic serves the community to house families having trouble
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November 20, 2023
getting started. He further stated that the clinic is designed for a short-term living solution (weeks
to months) and will be fenced.
The property owner was present. Jeanette Harvey, 3740 Laurel Street, Beaumont, Texas addressed
the Commission. She stated that the residents are allowed to live at the clinic up to two years due
to the Housing Authority wait list. Ms. Harvey further stated that the clinic will house up to five
families of women and children aged ten years and younger only, no men, and will provide medical
services and educational resources. She also stated that the focus of the clinic is to serve women
that are pregnant or have recently had a baby and found themselves without housing for various
reasons. Ms. Harvey further stated that one employee will reside on site and the facility will have
a commercial kitchen for residents.
The public hearing on this item was opened.
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Sam Parigi, 445 N. 14 Street, Beaumont, Texas addressed the Commission. He stated that Hope
is a good neighbor and serves the community with a real purpose. Mr.
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Parigi further stated that the property was donated to the clinic and is a good fit for now.
The public hearing on this item was closed.
Commissioner Makin moved to approve the request for a Specific Use Permit and Rezone from
NC (Neighborhood Commercial) District to GC-MD-2 (General Commercial-Multiple Family
Dwelling-2) District to allow a boarding house, as requested in PZ2023-444, with the following
conditions:
1. Construction plans must meet all requirements by Water Utilities for water and sanitary
-flow, pre-treatment and/or
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2. No permanent structures or appurtenances shall be placed within the easement property.
3. Construction plans shall comply with all applicable Building, Engineering and Fire Codes.
Commissioner Jabbia seconded the motion. The motion to approve the request carried 6:0.
10) PZ2023-445:
Request for an Amended Specific Use Permit to expand a pregnancy
resource clinic within the RM-H (Residential Multiple Family Dwelling-
Highest Density) District
Applicant:
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Location: 3740 Laurel Street
Mrs. Engman presented the staff report.
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for an Amended Specific Use Permit to add approximately 1,200 SQFT onto the north side of their
main building located at 3740 Laurel Street. The operations of the clinic have outgrown the
existing facility; therefore, expansion of the building will allow the clinic to offer more services to
smaller groups at a time. The parenting center will accommodate classes and shopping to 4-days
56$
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Planning Commission
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November 20, 2023
per week and open hours will extend from 10 a.m. to 2 p.m., Monday through Thursday.
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which has become a greater need in this economy.
Slides of the site plan and subject property were shown.
Planning staff recommended approval of the request with the following conditions:
1. Construction plans must meet all requirements by Water Utilities for water and sanitary
-flow, pre-treatment and/or
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FOG program.
2. Construction plans shall comply with all applicable Building and Fire Codes.
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 property owner was present. Jeanette Harvey, 3740 Laurel Street, Beaumont, Texas addressed
the Commission. She stated that expansion of the facility is necessary to provide more services.
The public hearing on this item was opened and closed without comment.
Commissioner Javed moved to approve the request for an Amended Specific Use Permit to expand
a pregnancy resource clinic within the RM-H (Residential Multiple Family Dwelling-Highest
Density) District, as requested in PZ2023-445, with the following conditions:
1. Construction plans must meet all requirements by Water Utilities for water and sanitary
-flow, pre-treatment and/or
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FOG program.
2. Construction plans shall comply with all applicable Building and Fire Codes.
Commissioner Makin seconded the motion. The motion to approve the request carried 6:0.
OTHER BUSINESS
None.
THERE BEING NO OTHER BUSINESS, THE MEETING ADJOURNED AT 4:15 P.M.
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