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HomeMy WebLinkAbout03-18-24 PC Minutes * M I N U T E S * JOINT PUBLIC HEARINGS PLANNING COMMISSION CITY COUNCIL City Council Chambers March 18, 2024 A Joint Public Hearing of the Planning Commission and City Council was held on March 18, 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 Hamza Jabbar Commissioner Spencer Jabbia Commissioner Shawn Javed *arrived at 3:15 pm Commissioner Darius Linton *arrived at 3:15 pm Commissioner Lynda Kay Makin Alternate Commissioner Rogers Sorrell, Jr. Commission Members absent: Commissioner Tom Noyola Commissioner Eddie Senigaur Alternate Commissioner Erika Harris Councilmembers present: Mayor Roy West Councilmember Chris Durio Councilmember Randy Feldschau *departed at 3:20 pm Councilmember Mike Getz *arrived at 3:19 pm Councilmember Taylor Neild Councilmember Audwin Samuel *arrived at 3:21 pm Also present: Sharae Reed, City Attorney Demi Engman, Planning Manager Elayna Luckey, Planner I Susan Smith, Recording Secretary APPROVAL OF MINUTES Commissioner Jabbar moved to approve the minutes of the Joint Public Hearings held on February 26, 2024. Commissioner Makin seconded the motion. The motion to approve the minutes carried 6:0. 1 $ Planning Commission $$$ March 18, 2024 REGULAR MEETING 1) PZ2024-12 : Request for approval of a Replat of Lots 1, 2, 3, 4, 5 and 6, Block 3 of the Amelia Heights Third Addition into Lots 1, 2, 3, 4, 5, 6, 7, 8, 9 and 10, Block 1 of the Ayaan Addition, Beaumont, Jefferson County, Texas. Applicant: Colby Brackin of Access Surveyors Location: Just south of 1880 Montrose Street Mrs. Engman presented the staff report. Colby Brackin of Access Surveryors has requested approval of a Replat of Lots 1, 2, 3, 4, 5 and 6, Block 3 of the Amelia Heights Third Addition into Lots 1, 2, 3, 4, 5, 6, 7, 8, 9 and 10, Block 1 of the Ayaan Addition, Beaumont, Jefferson County, Texas. The intent of the plat is to increase the number of residential single-family lots from six (6) to ten (10) lots. 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 responses were received in favor and five (5) in opposition. The concerns of those opposed included traffic and commercialization of the lots. This request received protest from the property owners comprising more than 20% of the surrounding land area. Thus a super-majority vote in favor by the Commission would be required for passage of the request, otherwise the item would fail. The applicant was present. Colby Brackin of Access Surveyors, 11025 Old Voth Road, Beaumont, Texas addressed the Commission. He stated that his company has worked with City staff, their clients and Drainage District No. 6 to ensure that drainage needs are met, along with other required subdivision standards. Mr. Brackin further stated that no new streets will be added and the request is to simply change lot lines. The public hearing on this item was opened. Mike LaBrie, 7880 Washington Boulevard, Beaumont, Texas addressed the Commission. He inquired as to the number and size of the lots and drainage. Jane Fontenot, 7625, 7625, and 7625-B Washington Boulevard, Beaumont, Texas addressed the Commission. She expressed concerns relating to accidents in the area due to visibility issues. Ms. Fontenot further stated concerns relating to additional traffic should the property be increased to ten lots. The applicant was given an opportunity to speak in rebuttal. Mr. Brackin defined the lot sizes and 6$ $ Planning Commission $$$ March 18, 2024 stated that the subdivision meets the minimum setback requirements for street corner and intersection visibility. Brief discussion followed concerning specifics of the request. The public hearing on this item was closed. Commissioner Jabbar and Commissioner Javed abstained from voting as they or their relative are property owners of the lots being requested for replat. Commissioner Linton abstained from voting as he was not present for discussion of the request. Alternate Commissioner Sorrell entered a vote for this item and all other items on the agenda. Commissioner Jabbia moved to approve the request for approval of a Replat of Lots 1, 2, 3, 4, 5 and 6, Block 3 of the Amelia Heights Third Addition into Lots 1, 2, 3, 4, 5, 6, 7, 8, 9 and 10, Block 1 of the Ayaan Addition, Beaumont, Jefferson County, Texas, as requested in PZ2024-12. $ Commissioner Makin seconded the motion. The motion to approve the request carried 5:0:3 (Jabbar, Javed and Linton). JOINT PUBLIC HEARINGS Mayor West called the Joint Public Hearings of March 18, 2024 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) 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.PZ2021-243 was tabled for six (6) months at the $ September 18, 2023, Planning Commission meeting for the purpose of receiving additional information from the owner regarding private contractor costs and producing plans to bring the streets up to city infrastructure standards. Staff have not received any correspondence of associated costs or plans from Scott Holleman nor the heirs of the A.J. Fasulo Estate yet. 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. 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 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 the water and sewer lines was unknown. 7$ $ Planning Commission $$$ March 18, 2024 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. 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 $275,000 to install water mains, service connections, water meters, and fire hydrants through a contractor. 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 a contractor, is $40,000. 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 $525,126.50. Replace sewer main lines. Estimated cost if performed by a contractor: $185,000. ( It is an estimated grand total of $1,025,126.50 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 and a contractor. The grand total may increase due to unforeseen costs. Fire Department Fire Marshal reviewed the site, and the Fire Department has concerns about the k 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. Most of these streets are narrow, being - Q``b_hY\]QdU\\i!/.n/0n!gYTU, Solid Waste Solid Waste provides garbage service to 2425 Wescalder Road. If the City provides k solid waste services, improvements to the roads will be required to maintain the weight of the garbage trucks. 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. Slides of the site plan and subject property were shown. Should Planning Commission choose to approve the request, staff recommended the following condition: 8$ $ Planning Commission $$$ March 18, 2024 1. A plat produced by a licensed surveyor must be submitted to the Planning Office prior to final acceptance of the streets and infrastructure. A representative of the applicant was present. Kevin Adkins, 2411 Wescalder Road, Beaumont, Texas addressed the Commission. He stated that a private contractor could not be found to submit a bid due to the requirements set forth. Mr. Adkins further stated that the property owners cannot afford the costs to make the necessary improvements and requested approval of the request by the Commission and City Council. Further discussion followed concerning cost-sharing with the City and drainage being the first priority of the property owners. The public hearing on this item was opened and closed without comment. Commissioner Makin moved to deny the request for the conveyance and dedication of private streets and infrastructure to the City of Beaumont, as requested in PZ2021-243, with 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. Commissioner Linton seconded the motion. The motion to deny the request carried 8:0. City Attorney Reed explained to the Commission the appeal and re-application process. 3) PZ2024-39: Request for a Rezoning from R-S (Residential Single-Family Dwelling) District to GC-MD (General Commercial-Multiple Family Dwelling) District or a more restrictive district. Applicant: David Fenner of Dowlen Road Church of Christ Location: 3060 N. Dowlen Road Mrs. Engman presented the staff report. David Fenner of Dowlen Road Church of Christ is requesting approval for a Rezoning from R-S (Residential Single-Family Dwelling) to GC-MD (General Commercial Multiple-Family Dwelling) for the property located at 3060 North Dowlen k Road. The intent of the rezone request is to streamline development procedures for any future expansion or reuse of the church. If the zoning district were to remain R-S a Specific Use Permit would be required if the church intended to expand or re-use the building for other purposes. Furthermore, Dowlen Road is categorized as a major arterial and common planning practices encourage commercial uses along such roadways. Slides of the site plan and subject property were shown. Planning staff recommended approval of the request. 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. 9$ $ Planning Commission $$$ March 18, 2024 Brief discussion followed concerning specifics of the request. The applicant was present. David Fenner, 3060 Dowlen Road, Beaumont, Texas addressed the Commission. He stated that the request if for the expansion of future development. Mr. Fenner further stated that Tuscany Park (zoned GC-MD) is being expanded next door and the church (currently zoned R-S) does not want the required fence/barrier should the properties remain as currently zoned. The public hearing on this item as opened and closed without comment. Commissioner Jabbar moved to approve the request for a Rezoning from R-S (Residential Single- Family Dwelling) District to GC-MD (General Commercial-Multiple Family Dwelling) District or a more restrictive district, as requested in PZ2024-39. Commissioner Jabbia seconded the motion. The motion to approve the request carried 8:0. 4) PZ2024-42: Request for a Rezoning from R-S (Residential Single-Family Dwelling) to LI (Light Industrial) or a more restrictive district. Applicant: City of Beaumont Location: 5895 Lafin Drive Mrs. Engman presented the staff report. The City of Beaumont Planning Division requests approval to rezone 5895 Lafin Drive from R-S (Residential Single-Family Dwelling) District to LI (Light Industrial) District. The northern half of this site is current \\i!ecUT!Qc!dXU!<Ydinc!\\Q^TVY\\\\! and is zoned LI while the southern half remains undeveloped and zoned R-S. Planning staff is recommending amending the zoning district of the city-owned properties to have a consistent zoning district and minimize any delays to future projects or expansion of the landfill. According to our Comprehensive Plan of Beaumont the property is located within the designated Landfill This request appears to align with the plan. lm!QbUQ, Slides of the subject property were shown. Planning staff recommended approval of the request. Twenty-five (25) 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 public hearing on this item was opened and closed without comment. Commissioner Jabbar moved to approve the request for a Rezoning from R-S (Residential Single- Family Dwelling) District to LI (Light Industrial) District or a more restrictive district, as requested in PZ2024-42. Commissioner Linton seconded the motion. The motion to approve the request carried 8:0. :$ $ Planning Commission $$$ March 18, 2024 OTHER BUSINESS None. THERE BEING NO OTHER BUSINESS, THE MEETING ADJOURNED AT 3:42 P.M. <$ $