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HomeMy WebLinkAbout04-15-24 PC Minutes * M I N U T E S * JOINT PUBLIC HEARINGS PLANNING COMMISSION CITY COUNCIL City Council Chambers April 15, 2024 A Joint Public Hearing of the Planning Commission and City Council was held on April 15, 2024 and called to order at 3:07 p.m. with the following members present: Commission Members present: Chairman Sina Nejad Commissioner Hamza Jabbar Commissioner Shawn Javed Commissioner Eddie Senigaur Alternate Commissioner Rogers Sorrell, Jr. Commission Members absent: Commissioner Johnny Beatty Commissioner Spencer Jabbia Commissioner Darius Linton Commissioner Lynda Kay Makin Commissioner Tom Noyola Alternate Commissioner Erika Harris Councilmembers present: Mayor Roy West Councilmember Chris Durio Councilmember Randy Feldschau Councilmember Mike Getz *arrived at 3:55 Councilmember Taylor Neild Councilmember Audwin Samuel Also present: Kenneth Williams, City Manager June Ellis, Assistant City Manager, Operations Sharae Reed, City Attorney 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 March 18, 2024. Commissioner Senigaur seconded the motion. The motion to approve the minutes carried 5:0. 1 $ Planning Commission $$$ April 15, 2024 REGULAR MEETING 1) PZ2024-37 : Request to abandon a portion of Stewart, Leiper, Verone, and Lamar Street rights-of-way. Applicant: Port of Beaumont Location: Abandon a portion of the rights-of-way of Leiper Street between Buford JcaTTc!P\]S!H^fT\[\[!JcaTTc!P\]S!MTa^\]T!JcaTTc!QTcfTT\]!9dU^aS!JcaTTc!P\]S!-1,j! south of Lamar Street, and steward Street between Port Street and Herring JcaTTc(!P\]S!DP\\Pa!JcaTTc!QTcfTT\]!H^ac!JcaTTc!P\]S!-/,j!TPbc!^U!MTa^\]T!JcaTTc Mrs. Luckey presented the staff report. She began by stating that the staff report differs from the report in the packet received by the Commissioners.* The Port of Beaumont is requesting to abandon a portion of rights-of-way, and all alleyways and easements within an area surrounded by Port, Buford, Carroll, Stewart, Herring, Lamar, Verone, Leiper and Powell Streets near the Port. They intend to develop the site to accommodate truck queing, 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. Note, streetlights and storm improvements exist within the right-of-way of said abandonment area. Approval of this request is paired with a property swap for the City to acquire land near Riverfront Park as part of a larger interlocal agreement between the City and the Port. Slides of the site plan and subject property were shown. Planning staff recommended approval of the request with the following conditions: 1. A drainage easement shall be retained on Verone, Stewart and Lamar Streets to maintain all existing storm sewer infrastructure. 2. Proposed sanitary sewer plans must receive approval from the City of Beaumont Water Utilities Department. 3. Proposed relocation of fire hydrants must receive approval from the City of Beaumont Fire Department. 4. Any streetlights within the abandoned area shall convert to private security lights within a private property upon approval of the abandonment. Security lighting is optional and therefore, billing for continued usage shall be transferred to the owner or the lights shall be removed. A representative of the applicant was present. Chris Fisher, Port Director and CEO of the Port of Beaumont, 1225 Main Street, Beaumont, Texas addressed the Commission. He stated a brief history and details of the project. Mr. Fisher further stated that the request will alleviate truck traffic on City streets and fX\[\[!_a^eXST!Tg_P\]bX^\]!^U!cWT!H^acjb!^dcbXST!bc^aPVT!UPRX\[XcXTb*!@T!P\[b^! 6$ $ Planning Commission $$$ April 15, 2024 stated that the area will be a rolled concrete lot designed to handle heavy cargo. The public hearing on this item was opened. Joseph Brown, 4250 Beverly Avenue, Beaumont, Texas addressed the Commission. Mr. Brown sought additional details of the Port project. Ramona Muhammad, 5630 Nicole Lane, Beaumont, Texas addressed the Commission. She stated concerns of how the request could possibly affect the community and Starlight Missionary Baptist Church, which is located next door to the Port. The representative of the applicant was given an opportunity to speak in rebuttal. Mr. Fisher stated that the Port has a good relationship with the community and Starlight Missionary Baptist Church. He further noted the perimeter of the area included in the request and stated that a green area and sidewalks will be constructed. He also stated that the Port has no intention of purchasing Starlight Missionary Baptist Church. Mr. Fischer further stated that other properties in the area may be purchased for green area or some other form that is beneficial to the community. He also stated that the Port wishes to be good neighbors to the church and allow it to continue to thrive. The public hearing on this item was closed. Upon the request of City Attorney Reed, Mrs. Luckey explained the abandonment process. Commissioner Senigaur moved to approve the request to abandon a portion of Stewart, Leiper, Verone, and Lamar Street rights-of-way, as requested in PZ2024-37, with the following conditions: 1. A drainage easement shall be retained on Verone, Stewart and Lamar Streets to maintain $ all existing storm sewer infrastructure. 2. Proposed sanitary sewer plans must receive approval from the City of Beaumont Water Utilities Department. 3. Proposed relocation of fire hydrants must receive approval from the City of Beaumont Fire Department. 4. Any streetlights within the abandoned area shall convert to private security lights within a private property upon approval of the abandonment. Security lighting is optional and therefore, billing for continued usage shall be transferred to the owner or the lights shall be removed. Commissioner Javed seconded the motion. The motion to approve the request carried 5:0. Dora Nisby, on behalf of Starlight Baptist Missionary Church, thanked the Commission, City :^d\]RX\[!P\]S!H^ac!^U!9TPd\\^\]c!U^a!cPZX\]V!X\]c^!R^\]bXSTaPcX^\]!cWT!RWdaRWjb!_^bXcX^\]!X\]!cWT!R^\\\\d\]Xch! and for providing details of the requested item. 7$ $ Planning Commission $$$ April 15, 2024 *Corrected information is shown in italics. 2) PZ2024-85 : Request for approval of a Replat of Lots 11, 12, and 13, Block 1 of the Horton Addition into Lots 11A and 13A, Block 1 of the Horton Addition, Beaumont, Jefferson County, Texas. Applicant: Colby Brackin of Access Surveyors Location: Two lots southwest of and including 6078 Chandler Drive Mrs. Luckey presented the staff report. Access Surveyors has requested approval of a Replat of Lots 11, 12 and 13, Block 1 of the Horton Addition into Lots 11A and 13A, Block 1 of the Horton Addition, Beaumont, Jefferson County, Texas. The intent of the plat is to combine three (3) tracts of land into two (2) tracts to increase the lot size for future residential development. Slides of the site plan, subject property, and plat were shown. Planning staff recommended approval of the request. Nineteen (19) notices were mailed to property owners within two hundred (200) feet of the subject property. Zero responses were received in favor and two (2) in opposition. Mrs. Luckey stated the letters in opposition are from Larry and Patricia Loville, who stated they are property owners of Lot 11, Block 1 of Horton Addition. The applicant was present. Colby Brackin of Access Surveyors, 11025 Old Voth Road, Beaumont, Texas addressed the Commission. He stated that his client, Henry Brown, owns Lot 13; Joseph Thomas owns Lot 11; and, both Mr. Brown and Mr. Thomas own a ½ undivided interest in Lot 12. Mr. Brackin further stated that the purpose of the request is to combine all three Lots to increase the overall Lot size and to separate the ½ undivided interest. He also stated that the party claiming to be property owners of Lot 11 are no longer involved because in 2004 the property was deeded to Ms. Brown, who in turn sold it to the current property owner, according to Jefferson Central Appraisal District records. Mr. Brackin further stated that Tax Certificates have been provided that indicate ownership of the properties. He further stated that approval of both property owners are required to move forward with the request for Replat. Further discussion followed concerning specifics of the request. The public hearing on this item was opened. Patricia Loville, 6079 Chandler Drive, Beaumont, Texas addressed the Commission. She stated that she is the owner of Lot 11 and believes the property was wrongfully transferred. Mrs. Loville further stated that Ms. Brown paid the taxes on the property each year beginning in 2006. Larry Loville, Sr. 6079 Chander Drive, Beaumont, Texas addressed the Commission. He stated the he also believes the property was wrongfully transferred. 8$ $ Planning Commission $$$ April 15, 2024 The applicant was given an opportunity to speak in rebuttal. Mr. Brackin explained the property ownership chain as indicated in his research of Lot 11 in the Jefferson County Central Appraisal District records. The public hearing on this item was closed. Chairman Nejad moved to table the request pending a title search by the owner or surveyor indicating ownership of Lot 11, Block 1 of the Horton Addition and to waive re-application fees. Commissioner Jabbar seconded the motion. The motion to table the request carried 5:0. JOINT PUBLIC HEARINGS Mayor West called the Joint Public Hearings of April 15, 2024 to order at 3:50 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. 3) PZ2024-38: Request for a Rezoning from RM-H (Residential Multiple Family- Highest Density) District to PD (Port Development) District. Applicant: Port of Beaumont Location: Blocks surrounded by Buford, Port, Lamar, Herring, Stewart and DTX_Ta!JcaTTcb(!X\]R\[dSX\]V!\[^cb!P__a^gX\\PcT\[h!-2,j!b^dcW!^U!DP\\Pa! Street southern right-of-way boundary line Mrs. Luckey presented the staff report.The Port of Beaumont requests the blocks surrounded by $ Buford, Port, Lamar, Herring, Stewart and Leipe a!JcaTTcb(!X\]R\[dSX\]V!\[^cb!P__a^gX\\PcT\[h!-2,j!b^dcW! of Lamar Street to be rezoned from RM-H (Residential Multiple Family- Highest Density) to PD (Port Development) District. They intend to develop the site to accommodate truck queing, 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. Sixty-seven (67) notices were mailed to property owners within two hundred (200) feet of the subject property. Zero responses were received in favor and two (2) in opposition. Mrs. Luckey read the letters in opposition. A representative of the applicant was present. Chris Fisher, Port Director and CEO of the Port of Beaumont, 1225 Main Street, Beaumont, Texas addressed the Commission. He stated that this request goes hand-in-hand with the request for abandonment of property discussed in Item No. 1 9$ $ Planning Commission $$$ April 15, 2024 (PZ2024-37). He further stated that the property has to be rezoned in order to use it for the Port project and requested approval. The public hearing on this item was opened and closed without comment. Commissioner Jabbar moved to approve the request for a Rezoning from RM-H (Residential Multiple Family-Highest Density) District to PD (Port Development) District, as requested in PZ2024-38. Commissioner Sorrell seconded the motion. The motion to approve the request carried 5:0. 4) PZ2024-46: Request for a Specific Use Permit to allow two (2) duplexes within the RCR-H (Residential Conservation Revitalization-Historic) District. Applicant: Cornell Price Location: 2490 Liberty Avenue Mrs. Luckey presented the staff report. Cornell Price is requesting a Specific Use Permit to allow two (2) duplexes within the RCR-H (Residential Conservation Revitalization-Historic) District located at 2490 Liberty Avenue. This property is located within the Oaks Historic District and received design approval from the Historic Landmark Commission in November of 2023. Due to the proposed orientation of the duplexes, Mr. Price sought a Variance to the rear yard setback to QT!aTSdRTS!Ua^\\!.1j!c^!-4j!P\]S!cWT!9^PaS!^U!8SYdbc\\T\]c!P__a^eTS!bPXS!aT`dTbc!X\]!BP\]dPah!^U!.,.0*!! This proposal is in compliance with the lot area requirements of Section 28.03.024(b)(1) District PaTP!P\]S!WTXVWc!aTVd\[PcX^\]b!^U!cWT!:Xchjb!:^ST!^U!GaSX\]P\]RTb*! H*A-.81! 8RR^aSX\]V!c^!^da!:Xchjb!:^\\_aTWT\]bXeT!H\[P\]!cWT!_a^_Tach!Xb!\[^RPcTS!fXcWX\]!cWT! Area Such areas are built up areas which are generally characterized by good to excellent &IH structural conditions and neighborhoods that are free from blighting influences such as incompatible land uses, dilapidated and delict buildings and deteriorated or poor public infrastruThis /AB?1&!,-/-:A!=-?/18@!D45/4!9-F!1E5@A!-?1!3<<0!A<!1E/1881:A!01C18<=91:A!@5A1@&I! aT`dTbc!P__TPab!c^!P\[XV\]!fXcW!^da!:Xchjb!:^\\_aTWT\]bXeT!H\[P\]!^U!9TPd\\^\]c* Slides of the site plan and subject property were shown. Staff recommends 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 bTfTa!bTaeXRTb(!X\]R\[dSX\]V!P\]h!aT`dXaT\\T\]cb!^U!cWT!:Xchjb!QPRZU\[^f(!_aT FOG program. 2. Construction plans shall comply with all applicable Fire and Building Code requirements. Twenty-four (24) notices were mailed to property owners within two hundred (200) feet of the subject property. Zero (0) responses were received in favor and three (3) in opposition. Mrs. Luckey read one letter in opposition and stated that the two additional letters provided no explanation for opposition to the request. :$ $ Planning Commission $$$ April 15, 2024 The applicant was present. Cornell Price, 5610 Old Dowlen Road, Beaumont, Texas addressed the Commission. He stated that the units will have three bedrooms, two bathrooms and a total of four parking spots. The public hearing on this item as opened. William Hebert, 2480 Liberty Avenue, Beaumont, Texas addressed the Commission. He stated he owns property next door to 2490 Liberty Avenue. He further stated that he is in opposition to the request due to concerns of increased crime and lack of privacy. Mr. Hebert also stated that property taxes will increase if the request is granted. He further stated that the City of Beaumont has approved homeless individuals to reside on nearby property resulting in crimes occurring in the neighborhood. City Attorney Reed corrected a statement made by Mr. Hebert in relation to the homeless encampment by noting that the City has not provided any services to the encampment. The applicant was given an opportunity to speak in rebuttal. Mr. Price stated that he will comply with the restrictions imposed by the Historic District. He further stated that applicants will be screened and provided additional specifics of the request. The public hearing on this item was closed. Commissioner Jabbar moved to approve the request for a Specific Use Permit to allow two (2) duplexes within the RCR-H (Residential Conservation Revitalization-Historic) District, as requested in PZ2024-46 with the following conditions: 1. Construction plans must meet all requirements by Water Utilities for water and sanitary -treatment and/or bTfTa!bTaeXRTb(!X\]R\[dSX\]V!P\]h!aT`dXaT\\T\]cb!^U!cWT!:Xchjb!QPRZU\[^f(!_aT FOG program. 2. Construction plans shall comply with all applicable Fire and Building Code requirements. Commissioner Senigaur seconded the motion. The motion to approve the request carried 5:0. OTHER BUSINESS None. THERE BEING NO OTHER BUSINESS, THE MEETING ADJOURNED AT 4:08 P.M. <$ $