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HomeMy WebLinkAbout02-26-24 PC Minutes * M I N U T E S * JOINT PUBLIC HEARINGS PLANNING COMMISSION CITY COUNCIL City Council Chambers February 26, 2024 A Joint Public Hearing of the Planning Commission and City Council was held on February 26, 2024 and called to order at 3:03 p.m. with the following members present: Commission Members present: Chairman Sina Nejad Commissioner Johnny Beatty Commissioner Darius Linton Commissioner Lynda Kay Makin Commissioner Tom Noyola Commissioner Eddie Senigaur Alternate Commissioner Rogers Sorrell, Jr. Commission Members absent: Commissioner Hamza Jabbar Commissioner Spencer Jabbia Commissioner Shawn Javed Alternate Commissioner Erika Harris Councilmembers present: Mayor Roy West Councilmember Chris Durio Councilmember Randy Feldschau Councilmember Mike Getz Councilmember Audwin Samuel *arrived at 3:22 pm 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 January 22, 2024. Commissioner Makin seconded the motion. The motion to approve the minutes carried 6:0. 1 $ Planning Commission $$$ February 26, 2024 REGULAR MEETING 1) PZ2024-17 : Request to abandon a sanitary sewer easement in Lot 8 of the college Acres Addition Applicant: Jared Riggenbach of Baseline Corporation Location: Easement located along the southern property line of Lit 8 of the College Acres Addition Mrs. Engman presented the staff report. Jared Riggenbach has applied for the abandonment of a 4k!gYTU!cUgUb!\\Y^U!UQcU\]U^d!Qd!2373!<_\\\\UWU!KdbUUd,!!LXU!UQcU\]U^d!Yc!\\_SQdUT!Q\\_^W!dXU!c_edXUb^! property line of Lot 8 in the College Acres Addition. Redevelopment of this property for an -routed to accommodate their HkJUY\\\\i!9ed_!IQbdc!cX_`!bUaeYbUc!dXU!cQ^YdQbi!cUgUb!\\Y^U!d_!RU!bU plan, which necessitates an abandonment of the existing sewer easement. Slides of the site plan and subject property were shown. Planning staff recommended approval of the request with the following condition: 1. A new easement and sanitary sewer line to be dedicated to the city. The applicant was present. Jared Riggenbach of Baseline Corporation, 1750 Seamist Drive, Suite 160, Houston, Texas addressed the Commission. No questions were asked of the applicant. Commissioner Makin moved to approve the request to abandon a sanitary sewer easement in Lot 8 of the college Acres Addition, as requested in PZ2024-17, with the following condition: 1. A new easement and sanitary sewer line to be dedicated to the city. $ Commissioner Senigaur seconded the motion. The motion to approve the request carried 6:0. 2) PZ2024-25: Request for approval of a Replat of Lots 6, 7 and 8, Block 1, Lovell Lake Estates Addition into Lots 7A and 8A, Block 1, Lovell Lake Estates Addition, Beaumont, Jefferson County, Texas Applicant: Fittz and Shipman, Inc. Location: 2782 and 2800 Lebonnet Drive Mrs. Engman presented the staff report.Tabitha Haygood of Fittz and Shipman has requested $ approval of a Replat of Lots 6, 7 and 8, Block 1, Lovell Lake Estates Addition into Lots 7A and 8A, Block 1, Lovell Lake Estates Addition, Beaumont, Jefferson County, Texas. This property is located within the Cit ikc!UhdbQdUbbYd_bYQ\\!ZebYcTYSdY_^, The intent of the plat is to increase the property size of Lot 8A by shifting the eastern boundary \\Y^U!Ri!/6k!d_!dXU!UQcd,! Slides of the site plan and subject property were shown. 6$ $ Planning Commission $$$ February 26, 2024 Planning staff recommended approval of the request. Ten (10) 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. A representative of the applicant was present. Brayden Gott of Fittz and Shipman, Inc., 1405 Cornerstone Court, Beaumont, Texas addressed the Commission. He stated that that the property owner would like to expand the driveway and construct a workshop. Mr. Gott further stated that the property owners involved are in agreement to the request. The public hearing on this item was opened and closed without comment. Commissioner Noyola moved to approve the request for a Replat of Lots 6, 7 and 8, Block 1, Lovell Lake Estates Addition into Lots 7A and 8A, Block 1, Lovell Lake Estates Addition, Beaumont, Jefferson County, Texas, as requested in PZ2024-25. Commissioner Makin seconded the motion. The motion to approve the request carried 6:0. 3) PZ2024-26: Request for approval of a Replat of land out of and part of Blocks 17, 18, 23 and 24 of the M.C. Cartwright Subdivision into Lots 1 and 2 of the Stone Oak RR Industrial Subdivision, Beaumont, Jefferson County, Texas Applicant: Tom Rowe of Whiteley Infrastructure Group Location: West of and including 3825 Stone Oak Drive Mrs. Engman presented the staff report. Tom Rowe of Whiteley Infrastructure Group has requested approval of a Replat of land out of and part of Blocks 17, 18, 23 and 24 of the M.C. Cartwright Subdivision into Lots 1 and 2, Stone Oak RR Industrial Subdivision, Beaumont, Jefferson County, Texas. The intent of the plat is to give adequate street frontage to Lot 1 for future development of the property. Slides of the site plan and subject property were shown. Planning staff recommended approval of the request. Thirteen (13) 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 Road, Unit 14, Beaumont, Texas addressed the Commission. Mr. Rowe stated that the purpose of the request is to allow the property owner frontage access on Stone Oak Drive and to be in compliance with City ordinance. Brief discussion followed concerning specifics of the request. 7$ $ Planning Commission $$$ February 26, 2024 The public hearing on this item as opened and closed without comment. Commissioner Linton moved to approve the request for a Replat of land out of and part of Blocks 17, 18, 23 and 24 of the M.C. Cartwright Subdivision into Lots 1 and 2 of the Stone Oak RR Industrial Subdivision, Beaumont, Jefferson County, Texas, as requested in PZ2024-26. Commissioner Beatty seconded the motion. The motion to approve the request carried 6:0. JOINT PUBLIC HEARINGS Mayor West called the Joint Public Hearings of February 26, 2024 to order at 3:19 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. 4) PZ2024-3: Request for amendments to the Zoning Ordinance concerning yard requirements for planned unit and cluster housing developments, Section 28.04.004 and 28.04.008 Applicant: City of Beaumont Mrs. Engman presented the staff report. The City of Beaumont administration requests approval to amend Sections 28.04.004 and 28.04.008 of the City of Beaumont Code of Ordinances to reduce the minimum required setback in PUD (Planned Unit Development) zoning districts and cluster housing developments. A setback is a required buffer from the closest edge of a permanent structure to the nearest property line. Our ordinances for PUD and cluster housing currently require a minimum front yard setback of twenty-five (25) feet from all public street rights-of-way and the boundary of the development. Section 28.03.023(b) District area and height regulations identify exterior side setbacks measuring at ten (10) feet in other zoning districts to be adequate distance to avoid sight obstructions. It is typical of PUD and cluster housing developments to house individuals who wish to have smaller yard space with larger homes, which are commonly referred to as patio homes. To meet emerging development trends and community needs, staff requests the setback requirement be reduced from twenty-five (25) feet to ten (10) feet. Planning staff recommended approval of the request. Mrs. Engman explained that the request only applies to planned unit and cluster housing developments, not single-family or multi-family residential zoning districts. She further noted that planned unit and cluster housing development requests will require approval of the Planning Commission and City Council. Mrs. Engman also stated that the minimum setback requirements are voluntary, not mandatory, allowing the developer to have a more buildable area in which to construct housing. She further stated that single-family and multi-family residential zoning districts wishing to reduce a setback are required to appear before the Board of Adjustment to request a Variance. 8$ $ Planning Commission $$$ February 26, 2024 The public hearing on this item was opened and closed without comment. Commissioner Makin moved to approve the request for amendments to the Zoning Ordinance concerning yard requirements for planned unit and cluster housing developments, Section 28.04.004 and 28.04.008, as requested in PZ2024-3. Commissioner Senigaur seconded the motion. The motion to approve the request carried 6:0. 5) PZ2024-9: Request for a Specific Use Permit to allow a church within the R-S (Residential Single-Family Dwelling) District Applicant: Charles Evans Location: 2190 Milam Street Mrs. Engman presented the staff report. Charles Evans is requesting approval of a Specific Use Permit to allow a church at 2190 Milam Street. Proposed activities of the church include church services, bible study and Sunday school. Historically, this site was a church although records show water services being terminated in 2015. Due to the extended vacancy, it is no longer considered legal nonconforming use. Section 28.03.023 Permitted uses requires a church located in a residential zoning district to obtain a successful Specific Use Permit. This property currently has existing litter and weed violations. These cases will need to be resolved with the city prior to issuance of a Certificate of Occupancy. February 23, 2024, staff made an inspection and it was noticed work was being completed without the benefit of an approved building permit. A stop work order was posted that same day. Slides of the site plan and subject property were shown. Planning staff recommended approval of the request with the following conditions, which includes an amendment to condition number 5 not shown in the original packet distributed for this case: 1. Shall remedy all code violations associated with 2190 Milam Street prior to issuance of a Certificate of Occupancy. 2. A parking lot permit shall be obtained and illustrate the proposed parking lot layout to be in accordance with city standards including installation of wheel stops to delineate spaces. 3. Shall be in compliance with Section 28.04.006 Landscaping and screening requirements if the parking lot increases 25% or more in the number of parking spaces. 4. Construction plans must meet all requirements by Water Utilities for water and sanitary -treatment and/or cUgUb!cUbfYSUc*!Y^S\\eTY^W!Q^i!bUaeYbU\]U^dc!_V!dXU!<Ydikc!RQS\[V\\_g*!`bU FOG program. 5. Construction plans must meet all applicable Fire and Building Code requirements, including obtaining all applicable building permits. 9$ $ Planning Commission $$$ February 26, 2024 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. Brief discussion followed concerning specifics of the parking spaces. The applicant was present. Charles Evans, 3735 Perth Place, Beaumont, Texas addressed the rd Commission. He stated that exploratory work was being conducted on February 23 and work has not started on the property. Mr. Evans further stated that there is no objection to the conditions recommended by staff. He also stated that the church is owned by Church of God in Christ and currently has 5-6 members. It was noted that Mr. Evans must comply with the number of parking spaces and that ADA parking cannot be constructed with gravel. 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 a church within the R-S (Residential Single-Family Dwelling) District, as requested in PZ2024-9, with the following amended conditions: 1. Shall remedy all code violations associated with 2190 Milam Street prior to issuance of a Certificate of Occupancy. 2. A parking lot permit shall be obtained and illustrate the proposed parking lot layout to be in accordance with city standards including installation of wheel stops to delineate spaces. 3. Shall be in compliance with Section 28.04.006 Landscaping and screening requirements if the parking lot increases 25% or more in the number of parking spaces. 4. Construction plans must meet all requirements by Water Utilities for water and sanitary -treatment and/or cUgUb!cUbfYSUc*!Y^S\\eTY^W!Q^i!bUaeYbU\]U^dc!_V!dXU!<Ydikc!RQS\[V\\_g*!`bU FOG program. 5. Construction plans must meet all applicable Fire and Building Code requirements, including obtaining all applicable building permits. Commissioner Makin seconded the motion. The motion to approve the request carried 6:0. 6) PZ2024-15: Request for a Specific Use Permit to allow a duplex within the R-S (Residential Single-Family Dwelling) District Applicant: DRC Construction, L.L.C. Location: 5445 Garner Road Mrs. Engman presented the staff report. Caitlin Button of DRC Construction, L.L.C. is requesting approval of a Specific Use Permit to allow a duplex at 5445 Garner Road. The existing structure is currently vacant and inhabitable. :$ $ Planning Commission $$$ February 26, 2024 DRC Construction, L.L.C. intends to construct a duplex to rent the units. This will increase housing stock in Beaumont and offer a variety in housing types for tenants who do not wish to reside in an apartment. M1F45?8! 9SS_bTY^W!d_!_eb!<Ydikc!<_\]`bUXU^cYfU!I\\Q^!dXU!`b_`Ubdi!Yc!\\_SQdUT!gYdXY^!dXU! Area Such areas are built up areas which are generally characterized by good to excellent )NM structural conditions and neighborhoods that are free from blighting influences such as incompatible land uses, dilapidated and delict buildings and deteriorated or poor public infrastructure. Vacant parcels which may exist are This :BB7!FB!8J68??8AF!78H8?BC@8AF!E=F8E)N! bUaeUcd!Q``UQbc!d_!Q\\YW^!gYdX!_eb!<Ydikc!<_\]`bUXU^cYfU!I\\Q^!_V!:UQe\]_^d, 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 -treatment and/or cUgUb!cUbfYSUc*!Y^S\\eTY^W!Q^i!bUaeYbU\]U^dc!_V!dXU!<Ydikc!RQS\[V\\_g*!`bU FOG program. 2. Construction plans shall comply with all applicable Fire and Building Code requirements. 3. 9!2k!gYTU!cYTUgQ\\\[!cXQ\\\\!RU!Y^cdQ\\\\UT!Q\\_^W!@Qb^Ub!J_QT,! 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 four (4) in opposition. One notice in opposition stated that the property owner felt this request will change the neighborhood and she did not want to see that happen. This request received protest from the property owners comprising 28% of the surrounding land area. Section 28.02.008(d) of the City's Code of Ordinances states, "The city council shall not amend, supplement, change, modify or repeal any regulation, restriction or boundary or approve a specific use permit where a protest against such change (has been filed), signed by the owners of twenty (20) percent or more either of the area of the lots included in such proposed change or of the lots or land immediately adjoining the same and extending two hundred (200) feet therefrom, except by favorable vote of three-fourths (3/4) of all the members of the city council." Brief discussion followed concerning the existing structure located on the property, the number of duplexes to be constructed, existing duplexes in the immediate area and requirements for subdividing the property in the future. A representative of the applicant was present. Caitlin Button of DRC Construction, L.L.C., 8952 Wingfield Drive, Lumberton, Texas addressed the Commission. She stated that the existing structure will be demolished and the existing garage will remain for storage. Ms. Button further stated that the property is owned by DRC Construction, L.L.C. She also stated that she has not spoken to surrounding property owners, nor has she heard of any objections from them. <$ $ Planning Commission $$$ February 26, 2024 Further discussion followed concerning the submittal of an amended site plan and the size of the duplex. The public hearing on this item was opened. Property owner Tom Cockerill, 6495 Highpoint Avenue, Beaumont, Texas addressed the Commission. He stated that he has received complaints of the condition of the existing house located on the property and looks to offer affordable housing by constructing a duplex in place of the house. Mr. Cockerill further stated that the duplex will be constructed on an elevated slab. He also stated that the property has been owned since 2015 and this will be the first duplex constructed by DRC Construction, L.L.C. Mr. Cockerill further stated that the existing house was previously rented. The public hearing on this item was closed. Commissioner Senigaur moved to approve the request for a Specific Use Permit to allow a duplex within the R-S (Residential Single-Family Dwelling) District, as requested in PZ2024-15, with the following conditions: 1. Construction plans must meet all requirements by Water Utilities for water and sanitary -treatment and/or cUgUb!cUbfYSUc*!Y^S\\eTY^W!Q^i!bUaeYbU\]U^dc!_V!dXU!<Ydikc!RQS\[V\\_g*!`bU FOG program. 2. Construction plans shall comply with all applicable Fire and Building Code requirements. 3. 9!2k!gYTU!cYTUgQ\\\[!cXQ\\\\!RU!Y^cdQ\\\\UT!Q\\_^W!@Qb^Ub!J_QT,! Commissioner Beatty seconded the motion. The motion to approve the request carried 6:0. OTHER BUSINESS None. THERE BEING NO OTHER BUSINESS, THE MEETING ADJOURNED AT 3:49 P.M. =$ $