HomeMy WebLinkAboutJuly 2024 PC Packet*AGE N DA*
PLANNING COMMISSION
July 22), 2024
REGULAR MEETING
PLANNING COMMISSION
City Council Chambers, CitV Hall, 801 Main St. — 3:00 p.m.
JOINT PUBLIC HEARINGS
PLANNING COMMISSION AND CITY COUNCIL
Oty Council Chambers, City Hall, 801 Main St. - 3:15 p.m.
The meetings will also be broadcast on the City"s YouTube channel:
https://www.youtube.cc r r eha nnel/UCnY6nNk8zfXZulMglzbwEBg,
*A G E N D A *
Pni i rain
APPROVAL OF MINUTES
Approval of the minutes of the Meeting June 17, 2024
REGULAR MEETING
1) PZ2024-168: Request for Preliminary Plat approval of the Wise Retreats at Concord,
Beaumont., Jefferson County, Texas.
Applicant: Richard Faust of Faust Engineering and Surveying, Inc.
Location: 5090 Concord Road
JOINT PUBLIC HEARING
2) P2.2024-119- Request for a Specific Use Permit to allow a duplex within an R-S (Residential
Single Family Dwelling) zoning district.
Applicant: Cornell Price
Location: 221 N Parkway Drive
3) PZ2024-123: To consider proposed amendments to Chapter 28, Section 28.02.005(3)(B) of
the Code of Ordinances
Applicant: City of Beaumont
4) Request for a Specific Use Permit to allow arecreational vehicle resort within
an L\ (Light Industrial) zoning district.
Applicant: Justin Broussard
Location: 6185 Fannett Road
S\ - Request for a Rezone from an R-S (Residential Single RarnUy Dwelling) zoning
district to GC -MD (General Commercial Multiple Family Dwelling) or a more restrictive
zoning district.
Applicant: Elizabeth Simmons
Location: 5210Conoord Road
6) Request for anAmended Specific Use Permit toallow omortuary and
crematory /nanRCR(Residential Conservation Revitalization) zoning district.
Applicant: Larissa Payton
Location: 351OSarah Street
7) :Request for a Specific Use Permit to allow a rooming and hoarding house in
the GC -MD (General Commercial Multiple Family Dwelling) and RCR-H(Residential
Conservation Revitalization -Historic) zoning district.
Applicant: Justus Washington
Location: 236OCalder Avenue
R] To consider proposed amendments toChapter 2O Section 28J]4.O08(h)(19)of
the Code of Ordinances
Applicant: City of Beaumont
An.pi|Rr\j
Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or
MINUTES
JOINT PUBLIC HEARING'S
PLANNING COMMISSION
CITY COUNCIL
City COL11161 Chambers
June 17, 2024
A Joint Public Hearing of the Planning Commission and City Council was held on June 17, 2024
and called to order at 3:18 p.m. with the following members preseiit-,
Commission Men -fibers present:
Commission Men-ibers absent:
Councilmen bcrs present:
Chairman Sin a Nejad
Commissioner Ham za Jabbar
Commissioner Shawn Javed
Commissioner Darius Linton
Commissioner Toni Noyola
Commissioner Eddie Seri our
Alternate Commissioner Rogers Sorrell, Jr.
Commissioner Johnny Beatty
Con-imissioner Spencer Jabbia
Commissioner Lynda Kay Makin
Alternate Conu-nissioner Erika Harris
Mayor Roy West
Mayor Pro-Tem A. J. Tumer
Councilmember Chris Durio
Councilmember Mike Getz
Also present: Sbrae Reed, City Attorney
Elayna Luckey, Planner I
Susan Smith, Recording Secretary
APPROVAL OF MINUTES
Commissioner Beni our moved to approve the minutes of the Joint Public Hearings held on May
20, 2024. Commissioner Noyola seconded the motion. The motion to approve the minutes carried
6-40.
Plaiming Commission
June 17, 2024
JOINT PUBLIC HEARINGS
Mayor West called the Joint Public Hearings of June 17, 2024 to order at 3:20 p.m. and explained
the purpose of the Joint Public Hearing process. Mayor West then turned the meeting over to
Chairman Nqjad to conduct the Joint Public Hearings.
1) PZ2024-109: Request fora Specific Use Permit and Rezoning from RM-M
(Residential Multiple Family -Medium Density) District to GC -MD
(General onin erci l-Mult1ple Family Dwelling) District or a more
restrictive district to allow an automotive paint and body shop.
Applicant: Bret Floy
Location: 3480 Bencluiiark Drive
Mrs. Luckey presented the staff report. Bret Floy is requesting a Rezone with a Specific Use Permit
to allow an auton-iotive repair, paint and body shop to be located at 3480 Benchmark Drive. The
subject property is located at the southeast corner of Benelmiark and through to French Road. The
lots to be rezoned from RM-M (Rcsidential Multiple Family- Medium Density) to GC -MD
(General Commercial Multiple -Family Dwelling) are along the southern boundary of the
development and will mostly be used for parking. Rezoning this property to GC -MD or a more
restrictive zoning district would be consistent with the adjoining zoning district, and will require a
landscaped buffer to surrounding residential properties.
Caliber Collision has facilities nationwide. Hours of operation would be Monday through Friday,
7:30 a.m. to 5:30 p.m. This business will be an automotive repair shop with operations such as
glass and auto body repairs, painting,, etc.
Slides of the site plan and subject property were shown.
Staff recommended approval of the request with the following conditions:
I All lighting installed must be directional and shielded from all residential properties to
the east and south.
2. Constructions plans must meet all requirements of Water Utilities for any water and
sanitary sewer improvements, including any requirements of the City's backflow and/or
pre-treatment programs.
3. No permanent structure or appurtenances shall be placed within easements.
4. Construction plans shall comply with all applicable Fire and Building Code
requiren-ients.
5. Construction plans shall be in compliance with Section 28.04.006 Landscaping and
screening requirements.
2
Planning Commission
June 17, 2024
Seventeen (17) notices were n-called to property owners within two hundred (too) feet of the
sub 'j ect property. One (1) response was receivcd in favor and five (5) in opposition. Mrs. Luckkey
read the responses in opposition and stated that the response in favor of the requcst had no
comnlents.
This request received protest from the property owners con-iprising 26% of the surrounding land
area. Section 28.02.008(d) of the City's Code of Ordinances states, "Die cily council shall not
ainencl, sul)I)leineni, change, inocl�& or rel)ecd ctn)regulation, resti-iction oi- houndary or al) I)roi,�e
a sj)ecific use pei-wit i-Mere a I)iqolesl cigainsl such chmige, 07as been filed), signed by the oii)nei-s
of 1wenly (2 0) pei,ceni on 4 iron e e 1 thei - of the cii -ea o the logs inchic led ire such pi-ol-) osed change oi -
f1he lots or land iinmecliate1j) adjoining the saine and extencling hi�o hundi-ed (200)feet therefroin,
exc(-q.)I bjfcn)orable i)ole of thi-ee-
fiourihs (314) of all the ineinbers of the city council.
A representative of the applicant was present. Melissa Hernandez, 2019 Knights Court, Allen,
Texas addressed the Commission. She stated that it is the intent of the owner to construct a quality
project and will comply with the recommended conditions. Ms. Hernandez further stated the 18-
20 staff members will be employed by Caliber Collision. She also stated that Caliber Collision is
one of the largest collision centers in the nation with over 1,700 locations and is well versed in the
procedures and requircments to divert any operational hazards. Ms. Hernandez ftirther stated that
no vehicles will be visible from the street as they will be contained within an 8' wooden fenced
area with landscape buffers. She also stated that all parts, materials, and equipment will be stored
within an enclosed building. Ms. Hernandez stated that all repair activities will be conducted
indoors in an area containing insulated walls and exterior doors closed. She further stated that noise
studies have been conducted indicating that noise level from the facility during peak hours is
equivalent to an average restaurant conversation, or 65 decibels. Ms. Hernandez also stated that
paint mixing room fans will run continuously. She stated that exhaust filter materials for particle
emissions with an exceptional removal efficiency rating will be used, along with other
environmental protection measures.
Brief discussion followed concerning size of the proposed structure and future expansion of the
business. Ms. Hernandez stated that she is willing to accept as a condition that DO future
development is to take place on the rezoned portion of the property.
The public. hearing on this item as opened.
Holly Guifficau, 3280 French Road, Beaumont, Texas addressed the Commission. She stated that
she is the owner of 3280 3260 and 3285 French Road. Ms. Guilbcau further stated that she objects
to the request due to chemicals being involved. She then read a prepared statement. Ms. Guilbeau
stated that she has noise level, environmental and health concerns with pollutants being emitted
near residences and a neighboring school. She ffirther stated that residents of her rental properties
also have environmental, health, and noise level concerns. Ms. Guilbeau stated that these concerns
may affect her ability to rent the properties in the future.
Chairman Nejad moved to allow Ms. Guilbeau to exceed the trice minute limit and continue
speaking. Commissioner Javed seconded the motion. The inotion to approve the requcst carried
6:0.
3
Planning Commission
June 17, 2024
Ms. Guilbeau confinucd by stating that additional traffic along Frcneh Road could present a safety
hazard. he again stated that she has environniental, quality of life and property valuc concerns
should the request be granted. Ms. Guilbcau. further requested that the Planning Commission and
City Council take the concerns of the existing residents into cojisideration.
Robert Dunham, 4180 Delaware Street, Suite 301 , Beaumont, Texas addressed the Board. He
stated that lie represents Southeast Texas Classic Real Estate which owns ten (10) acres north and
northeast of 3480 Benchmark Drive. Mr. Dutiliam stated the Southeast Texas Classis Real Estate
ob ' jects to the proposed rezoning change to GC -MD (Grencral Coniniercial-Multiple Family
Dwelling) District in that the request does not meet the City ordinance definition of GC -MD. He
further quoted City ordinance definitions and explained the reasoning for objection to the rezoning
request. Mr. Dunham also stated the rezoning should be changed to an RC R (Residential
Conservation Revitalization) District in order to be consistent with single family revitalization
zoning that is established for the property located immediately across the street. Brief discussion
was had relating to ownership of the property.
Joshua LeBlanc, 3440 Eastex Freeway, Beauniont, Texas addressed the Commission. He stated
that he is in favor of the request and development of the project will be consistent with the City's
long term goals. Mr. LeBlanc further stated that he does not fecl that traffic will be an issue along
French Road. Mr. LeBlanc also stated that enviromilental issues are not a problem as there is
another repair shop located within 1,000' of the proposed facility. He further stated that the
landscaping requirement is appropriate and that Caliber Collision will be a good neighbor.
The representative of the applicant was given an opportunity to speak in rebuttal. Ms. Hernandez
stated that she understands the concerns of the neighbors. She further stated that studies have been
conducted noting that the air quality will be unchanged and that spills will be contained within the
facility with OSHA and EPA requirements being followed for waste materials. She further stated
that the rezoning request is for the use of parking storage,, not the building itself.
The public hearing on this item was closed.
Further discussion followed concerning ownership of the property. City Attorney Reed stated that
it appears ownership has been transferred since the last meeting of the Commission and
appears
verification of ownership is required prior to issuance of permits.
The public hearing on this item was reopened.
Joshua LeBlanc, 3440 Basta x Freeway, Beaumont, Texas addressed the Commission. He stated
that the property owner is Eastex Plaza, Inc. and lie serves as an Officer of the Board of Directors.
Mr. LeBlanc ftirther stated that. Sheri K. DelMage, whose name appears on the revised application,
is President of Eastex Plaza, Inn. He also stated that the original application was submitted by
someone associated with the developer and, in the process of reviewing the contract, it was
determined that the property owner should sign the application. Mr. LeBlanc stated that submittal
of the revised application corrected the matter.
4
Planning Commission
June 17, 2024
The public hearing on this item was closed.
Brief dISCLISSi011 followcd concerning the landscaping buffer, the 8' wooden fence requirement,
and the dust generated by the facility.
Commissioner Jabbar moved to approve the request for a Specific Use Permit and Rezoning from
RM-M (Residential Multiple Family -Medium Density) District to GC -MD (General Commercial -
Multiple Family Dwelling ) District or a more restrictive district to allow an automotive paint and
body shop, as requested in PZ2024-109, with the following amended conditions:
1. All lighting installed must be directional and shielded from all residential properties to the
east and south.
2. Constructions plans must meet all requirements of Water Utilities for any water and
sanitary sewer improvements, including any requirements of the City's backflow and/or
pre-treatment programs.
3. No permanent structure or appurtenances shall be placed within casements.
4. ConstrLICtion plans shall comply with all applicable Fire and Building Code requirements.
5. Construction plans shall be in compliance with Section 28.04.006 11andscaping and
screening requiren-ients.
6. A Commitment Letter be received from the developer or property oNvner prior to the
issuance of a building perm lt stating that there will be no access to the property from
French Road and that the rczoned portion along French Road is to remain as parking and
storage, with no ftiture development to take place on the rezoned portion.
Commissioner Senigaur seconded the motion. The motion to approve the request carried 5:1
(Noyola .
2) PZ,2024-119: Request for a Specific Usc Permit to allow a duplex with an FPS Residential
Single Family Dwelling) zoning district.
Applicant: Cornell Price
Location: 221 Parkway Drive
Mrs. Luckey presented the staff report. Cornell Price of Price Homes, is requesting approval of a
Specific Use Permit to allow the construction of a duplex at 221 Parkway Drive. 1"he intent of the
duplex, is to provide inore housing options to the area and promote infill. development.
According to our City's Comprehensive Plan the property is located within the "Slable
Arect. " Such areas are "buill w) are(is i4)hich are genercil1j; chamicterized b)) good to excellent
stieucturcil conditions cind neighborhoods thcd are ft-on? blighting ii?ffitences such cis
incowj)atible Icind uses, dilcipidcited cind delict buildings and cletei-iorated or poor public
5
Plarmilig Commission
June 17, 2024
h�fi-astiwchil-e. V"cicant parcels i-Mich inay exist are good to excellent (Iei�elol)jnent sites. " This
request appears to align with our City's Comprehensive Plan of Beaumont.
Slides of the site plan and subject property were shown.
Staff recommended approval of the request, with the folio witig conditions:
1. Construction plans must meet all requirements by Water Utilities for water and sanitary
sewer services, including any requircmeDiS of the City's backflow, pre-treatment and/or
FOG prograiii.
2. Construction plans shall comply with all applicable Fire and Building Code requirements.
'I"wenty-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 applicant was originally present, but could not be located for presentation of filis item.
Chairn-ian NCJ ad moved to table the request to the next meeting for a Specific Use Permit to allow
a duplex within an IDS (Residential Single Family Dwelling) zoning district, as requested in
PZ2024-119, with the following conditions:
1. Construction plans must meet all requiremciits by Water Utilities for water and sanitary
sewer services, including any rcquirements of the City's backflow, pre-treatnient and/or
FOG program.
2. Construction plans shall comply with all applicable Fire and Building Code rcquirements.
commissioner Noyola seconded the motion. The motion to table the request to the next meeting
carried 6:0.
OTHER BUSINE SS
None.
THERE BEING NO OTHER BUSINESS, THE MEETING ADJOURNED AT 3:59 P.M.
X
DATE: July 2-1 04
TO: Planning Commission
FROM: Demi En man, Director of Planning and Community Development
SUBJECT: To consider a request for Preliminary Plat approval of Wise Retreats at Concord,
Beaumont, Jefferson County, Texas.
FILE: PZ2024-168
STAFF REPORT
Richard Faust of Faust Engineering and surveying, INC., is seeking approval of a Preliminary Plat
for Wise Retreats at Concord. The proposed cluster housing development will be located at
5090 Concord Road. The subdivision would create twenty-seven (27) new residential lots along
the proposed private street, Wise Way. Water and sanitary sewer services will be an extension
of existing City utilities. The development will include common areas and a pond that will be
the responsibility of the Homeowners Association. The Sanitary Sewer system will be
maintained by the Homeowners Association.
Section 26.03.005 states, "minimum utility easements of between ten (10) and twenty (20) feet
shall be provided along rear and side lot lines when necessary for use by public and private
utilities." Address condition 41.
Section 26,02.002(15) states, "A list of the proposed restrictive covenants, conditions, and
limitations to govern the natures and use of the property being subdivided." Address conditions
#2 & #3
Section 2 8.0 4.00 8 (b) (1) (H) states, `shall provide a copy of the declaration creating a co - o wn ers
association or other legal entity to provide for the retention and perpetual maintenance of A
corn m on open space} private u tilities a n d private s tre e ts to the city attorney prior to the final
plat being recorded. The declaration creating an association of co -owners whether called by
that name or any other, the membership of which shall be composed o all owners of lots or
other units within the perimeter of the development. Voting within the association may be
weighted in any manner, except that provision shall be made that upon the conveyance of a//
lots or other units by the applicant of the permit, each owner of each lot or other unit shall have
an equal vote. The word "'owner' shall mean the record owner, whether one or more persons or
other unit which is part of the development, including sellers under contract for deed, but
excluding those having such interest as a security for the performance of an obligation, There
shall be a declaration that each owner of a lot or other unit shall, by acceptance of a deed
therefor, whether expressly stated in such deed or not, be deemed to covenant and agree to pay
to the association the following minimum assessments and maintenance fees.
N Private street maintenance: An assessment for ordinary maintenance and also a
special assessment for capital improvements and extraordinary maintenance and
repair of a// private streets within the development. The word "'street," as used in
this subsection shall mean all paved or unpaved roads open to a// owners of the
development, so designated on the plat of the development, as distinguished
from private driveways leading into one or more lots or other units.
(ii) A monthly assessment for- each owners pro rato share o the monthly utilities
if
which moy be metered or sold to the development as a unit provided, however
that in the even one or more utilities are not provided to a// owners within the
development, the declaration m ay provide for a ,pro rota ass essm e n t as between
those owners actually serviced by the utility, only. In addition to the monthly
as essm e n t h erein ab o ve pro vide d, there shah be declared provisions for special
assessments for ordinary m ain ten aace and repair, as well as a special
assessment for extraordinary maintenance and repair, as well as capital
improvements for, all sewage collection systems and water lines shared in
common by, and servicing in common, a// owners within the development, as
distinguished from lines which serve only one or more units. Declarant may
choose to dedicate water and sewer easements for water and sewer collection
systems shared in common by all owners of the development that are within the
perimeter of the development to the public, and, providing such dedication is
accepted by the city, no assessmentfor the maintenance of water and sewer
collection systems shared in common by the owners of said development shall be
required.
ON Maintenance of common open space; the applicant shall also submit a scheme,
subject to the approval of the city council, for assuring continued retention and
perpetual maintenance of common green areas for as lore a time as the
development exists. The approved documents embodying restrictive covenants,,
deed restrictions or other methods of giving such assurance shall befiled for
record in the county clerk's office at such times as the commission or council
directs. "Address condition #4
Sec. 26.03.002 Streets states "The arrangement, classification., character,, extent, width, grade
and location of all public and private streets shall conform to the major street and highway plan,
the official street construction standards and the official street construction specifications of the
city and shall be designed in accordance with the following provisions:
(8) (A) A cul-de-sac shall bdno more than eight hundred [boo) feet long, unless topography,
density, adequate circulation, or other unusual conditions necessitate a greater length, and
*shall terminate at a circle with a m in im um righ t-of- way radius of fifty (50) feet* and a
pavement radius of thirty-three (33) feet back to back of curb. " Address condition #5
Staff recommends approval with the following conditions:
1. Water mains shall b,e installed within the 10) exclusive water line easement only.
2. Shall add a plat note stating all common areas, including the detention pond, draining
system, and private streets shall be maintained by the property owner.
3. Shall label the detention pond onthe plat.
4. Shall be in compliance with Section 29-04.008(b)(1) Special Conditions, cluster housing
5. The proposed right-of-way radius shall be a minimum of fifty (50) feet and shall be
uniform and continuous.
This item was sent to all interested parties.
Exhibits are attached.
GENERALINFORMATIONIPUBLIC UTILITIES
APPLICANT:
OWNER:PROPERTY
EXISTING ZO-NING:
PROPERTY SIZE:
USES:
EXISTING LAND
ELOOD HAZARD ZONE:
.URROUNDlNG LAND USES:
NORTH: Residential
EAST: Vacant
SOUTH: Vacant
WEST: Commercial
WATER & SANITARY
SEWER SERVICE:
Richard Faust ofFaust Engineering and
Surveying Inc.
Donald Wise (Wise Investments)
SO9OConcord Road
R-S (Residential Single Family Dwelling)
l9laorcs,more orless
Vacant
"X"-Areas determined- tobeoutside 5OO-year
floodp(ain
R-S
GC -MD (Genera[ Commercial — Multiple Family
Dwelling)
GC -MD
Conservation and Revitalization
Concord Road —SeoondaryArterial-urbanvvith
a8O'r|ght-of-vvayand aSO'pavement width.
Wise — Proposed Private Street with aSO'
right-of-way and a 28' pavement width.
Curb O'gutter
Extension of City
Water and
Sanitary Sewer
BEAU
MC3 NT
Planning & Community Development
Case Type -,Planning and Zoning Case Status: REVIEW
Case Sub Type: Preliminary Plat Tag Name: Wise Retreats @ Concord
Case #: PZ2024-1 68 Initiated On: 6/1012024 5-04-09PM
Location: 5090 CONCORD RD, BEAUMONT, 77708
Individuals listed on the record:
Applicant
Aaron Ward
5550 Eastex Freeway, Suite 0
Beaumont, TX 77708
Agent
Aarcn Ward
5550 Eastex Freeway, Suite 0
Beaumont, TX 77708
Property Owner
Home Phone: 409-813-3410
Work Phone*
Coll Phone: 409-813-3410
E-Mail- aaron@fausteng.com
Home Phone: 409-813-3410
Work. Phone:
Cell Phone: 409-813-3410
E-Mail: aaron@fausteng.coni
Donald R wise (Wise Investments Home Phone- 409-813-3919
1060 Brockman Lane Work Phone:
Beaumont, Tx 77705 Cell Phone*
E-Mail: donaldwise@sbcglobal.net
Notes:
Case Type: Planning and Zoning Page I of I
Case #: PZ2024-168 Printed On: 6/2712024
FA UST Engineering and Surveying, Inc.
Professional Engineers and Professional Surveyors Telephone (409) 813-3410
E-MAI L ADDRESS IN FO@FAUSTENG.COM Fax (409) 813-3484
5550 Eastex Freeway, Suite 0
Beaumont, Texas 77708
Surveying Firm Registration No. 100024-00
Engineering Firm Registration No. 4800
June 10, 2024
City of Beaumont Planning and Zoning
801 Main Street
Beaumont, Texas 77701
To Whom It May Concern:
Re: Wise Retreats at Concord — Prelim Plat
Attached for consideration is a Preliminary Plat for Wise Retreats at Concord. The subdivision
will take up 1.91 acres, Film Code No. 104-26-1187 of the Jefferson County Real Property
Records, Jefferson County, Texas.
A private 28' wide concrete drive will give residents access to Concord Road. Water service will
be looped from Concord Road to Pine Burr Drive and the developer will provide an extension for
future City use on the east side of Concord Road. The sewer and storm services will be
connected to existing City lines at Concord Road. An 8" tall opaque fence will line the north, east,
and south property lines, to provide a barrier to residential areas adjacent to the subdivision.
Per your requirements, we have atta ch ed th e fo I low! ng ite rn s -
1) 2 copies of the Preliminary Plat.
2-) 2 copies of the Preliminary Drainage Plan
3) Deed showing client ownership of said tract.
Y r\0 kwAM&O
Thank you for your assistance in this matter. If you have any questions, I can be reached by
telephone at 409-813-3410.
For the Firm,,
Richard F. Faust, P.E.
Registered Professional Land Surveyor No. 4782
Registered Professioinal En inner` No, 58169
23422 -WTAC Prelim
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2024-168: Request for Preliminary Plat approval of the Wise Retreats at Concord, Beaumont, Jefferson
ounty, Texas.
,pplicant: Richard Faust of Faust Engineering and Surveying, Inc.
ocation: 5090 Concord Road
0 100
I Feet
DATE: July 22,2O24
TO: Planning Commission and City Council
FROM: Derni Engman, Director of Planning and Community Development
SUBJECT: Consider a request for g Specific Use Permit to allow a duplex in an R-S
(Residential Single -Family Dwelling) zoning District.
FILE: PZ2024-119
STAFF REPORT
Cornell Price ofPrice Homes, isrequesting approval ofaSpecific Use Permit toallow the
construction ofaduplex at22lNParkway Drive. The intent ofthe project 1stopnovidernore
housing options to the community and promote infill development of vacant properties.
According to our City's Comprehensive Plan the property is located within the "'Stuble
Areo."Suchareas are"'built up areas which are generally ch arocterized by good toexcellemt
st/uc turo/con ddjonsondne/ohborhoods thotone/reo/ro/nb8ohtingin/7umncessuchos
in comp otible Ion d us es, dilap ida te d anddelict b uildings andde teriora te d or poorpub lic
infras tructure-Vacan tporce Is wh ich m oyexis tore goodyoexcellent de velopm entsites. "Th i s
request appears toalign with our C|t/sComprehensive Plan ofBeaurnont.
Staff recommends approval of the request with the following conditions:
l. Construction plans must meet all requirements by Water Utilities for water and sanitary
sewer services, including any requirements ofthe C\t/sbackflowu pre-treatment and/or
FOG program.
2. Construction plans shall comply with all applicable Fire and Building Code requirements.
Please note that final occupancy approval is subject to review and acceptance of submitted
plans and field inspections to verify compliance with applicable codes.
Exhibits are attached
PUBLIC NOTIFICATION
Notices mailed to property owners 25.
Responses lnFavor Responses inOpposition _a
LEGAL DESCRIPTION
Being all of Lot 7 Block 4 Highland Park Addition, Beaumont, Jefferson County, Texas,
containing l93acres more orless.
GYM AmYMU
CONDITIONS FOR APPROVAL C]F SPECIFIC USE PERMIT
(SECTION 28-26.Ey ZONING ORDINANCE)
Application Application
is in isnot in Comments
compliance compliance Attached
l.That the specific use will becompatible with
and not injurious to the use and enjoyment of
other property, orsignificantly diminish or
impair property values within the immediate
vicinity; x
Z.That the establishment ofthe specific use will
not impede the normal and orderly
development and improvement of surrounding
vacant property;
FA9
3.That adequate uh|iUes..access roads, drainage
and other necessary supporting facilities have
been orwill beprovided; X
4.The design, location and arrangement ofall
driveways and parking spaces provides for the
safe and convenient movement ofvehicular and
pedestrian traffic without adversely affecting
the general public oradjacent developments; X
5.That adequate nuisance prevendon measures
have been orwill betaken ioprevent orcontrol
offensive odor, fumes, dust, noise and vibration; X
G.That directional lighting will beprovided soas
not todisturb oradversely affect neighboring
properties; x
7-That there are sufficient landscaping and
screening toinsure harmony and compatibility
with adjacent property; and, X
8.That the proposed use isinaccordance with
the Comprehensive Plan. X
GENERAL INFORMATION/PUBLIC UTILITIES
APPLICANT, Cornell Price
PROPERTY OWNER: Cornell Price
LOCATION- 221 N Parkway Drive
EXISTING ZONING: R-S (Residential Single -Family Dwelling)
PROPERTY SIZE: —0.193 acres, more or less
EXISTING LAND USES: Residential Single Family
FLOOD HAZARD ZONE: X — Area determined to be outside the 500
year floodplain.
SURROUNDING LAND USES: SURROUNDING ZONING:
I NORTH: Residential
R-S
EAST: Residential
R-S
SOUTH: Residential
R-S
WEST: Residential
R-S
COMPREHENSIVE PLAN:
Stable Area
STREETS:
Florida Avenue — Secondary Arterial with 90' right-
of-way and 45" pavement width.
PaLkway Drive — Local Street with 60' right-of-way
and 25' pavernent width.
DRAINAGE:
open ditch along Parkway Drive
Curb and gutter along Florida Avenue
WATER:
6 11 water line on Parkway Drive
SANITARY SEWER SERVICE:
811 sanitary sewer line on Parkway Drive
PROPERTY OWNERS NOTIFIED WITHIN 0 FEET
POULLARD PATRICIA & HILLARY
F U [ E DA 1A
TUBA SARAH LAWS!
SAUNAS MAU ICI
ALFCRDJACK ALAI
RC MARGO & FLORIDA LLC
SMITH HENRY J
BLEUELJOSEPH
KURITZ STEPHENVICTOR
JBARNS PROPERTIES LLC
PANJWANI MAURICE ANTOfV
CASTILLO FRANCiSCA
LAVADOR ROSENbO
FAMILY OF PROPERTY LTD CO
SEBILE ETHELI (TD)
HARRIS TANNA
CARTER PAUI.
HARRIS TANNA
LAURELS KENNE7H & ALSHIA
BLEUELJOSEPH & MELANIE
CMP3 ENTERPRISES LLC
WIGLEY GUYANELL
E<INNEAR WILk.IAM E li
R & C SOUTHEND PROPERTIES
LLC
J8ARN5 PROPERTIES LLC
BEAU
MIC3 NT
Planning & Community Development
Case Type:Planning and Zoning Case Status: REVIEW
Case Sub Type- Specific Use Permit Tag Name: Duplex in FPS zoning district
P
Case #: PZ2024-119 Initiated On: 4125/2024 10:23-08AM
Location: 221 PARKWAY DR, BEAUMONT, 77705
Individuals listed on the record. -
Applicant
Cornell Price-
Home Phone: 4098329500
5610 Old Dowlen Rd
Work Phone:
Beaumont, TX 77706
Cell Phone: 4095539553
E-Mail: pricehornestx@gmail.coni
Property Owner
Cornell Price
Home Phone: 4098329500
5610 Old Dowlen Rd
Work Phone:
Beaumont, TX 77706
Cell Phone: 4095539553
E-Mail- pricehomestx@gniaii.com
Case Type: Planning and Zoning Page 1 of 2
Case #: PZ2024-119 Printed On: 5123/2024
BEAU
MONT
Planning & Community Development
Legal Description Highland Park Lot 7 block 4
Number of Acres 0.19
Proposed Use Duplex
That the specific use will be Yes, these specific use will be compatible with and not injurious to
compatible with and not injurious to the use and enjoyment of other property nor significantly diminished
the use and enjoyment of other or impair property values within the immediate vicinity.
property, nor significantly diminish or
impair property values within the
immediate ViGinity
That the establishment of the specific
use will not impede the normal and
orderly development and improvernent
of surrounding vacant property;
That adequate utilities, access roads,
drainage and other necessary
supporting facilities have been or will
be provided
The design, location and arrangement
of all driveways and parking spaces
provides for the safe and convenient
movement of vehicular and pedestrian
traffic
That adequate nuisance Prevention
measures have been or will be taken
to prevent or control offensive odor,
furores, ftst, noise and vibration
That directional lighting will be
provided so as not to disturb or
adversely affect neighboring
properties
That there are sufficient landscaping
and screening to insure harmony and
compatibility with adjacent property
That the proposed use is in
accordance with the Comprehensive
Plan
No, the establishment of the specific use will not impede the normal
and orderly development and improvement of surrounding vacant
property.
Yes, adequate utilities, access roads, drainage, and other necessar-y
supporting facilities have been or will be provided.
Yes, the design, location and arrangement of all driveways and
pjarking spaces provide for the safe and convenient movement of
vehicular and pedestrian traffic without adversely affecting the general
public or adjacent developments.
Yes, adequate nuisance prevention measures have been or will be
taken to prevent or control offensive odor, fumes, dust, noise and
vibration.
Yes, directional lighting will be provided so as not to disturb or
adversely affect neighboring properties.
Yes, there are significant landscaping and screening to ensure
harmony and compatibility with adjacent property.
Yes, the proposed use is in accordance with the comprehensive plan.
Case Type: Planning and Zoning
Case #: PZ2024-119
Page 2 of 2
Printed On: 512312024
[MP3 Enterprises
56I0 Old Oowlen Rd
Beaumont, Tx 77706
To whom it may concern I am writing to request a special use permit for the
construction of a new duplex at 221 Parkway. The proposed project aims to provide
affordable housing options for residents in our community while adhering to all
zoning regulations and building codes.
The process of building the duplex will involve several key activities, including
but not limited to:
- Conducting a site survey and feasibility study to ensure compliance with local
regulations
- Creating architectural plans and obtaining necessary permits from the local
building department
- Hiring qualified contractors and overseeing the construction process
- Implementing sustainable building practices to minimize environmental impact
- Collaborating with stakeholders and community members to address any concerns or
feedback
I believe that the construction of this duplex will not only benefit the community
but also align with the goals and objectives of our organization. We are committed
to upholding high standards of quality and integrity throughout the project.
Thank you for considering our request for a special use permit. I am available to
provide any additional information or documentation as needed~ Please feel free to
contact me at 409-832-9500 or pricehomesUftmaiI-com if you have any questions or
require further cI6rification.
Sincerely,
Cornell Price III
I
STREET
Z2024-119: Request for a Specific Use Permit to allow a duplex within an RS (Residential
5ingle Family) zoning district.
Applicant: Cornell Price
Location: 221 Parkway Drive
o 10
_ it
DATE: July 2Z.2O24
TO: Planning Commission and City Council
FROM: Demi Engman, Director of Planning and Community Development
SUBJECT: To consider proposed amendments to Chapter 28, Section 28.02.005(3)(B) of the
Code of Ordinances
FILE: PZ2034-123
STAFF REPORT
This item was heard and recommended approval by the Board of Adjustments on June 6, 2024.
Staff intends to amend Section 28.02.005(3)(B) of the City of Beaumont Code of Ordinances to
correct inaccurate language within the ordinance. The ordinance was amended in April of 2023
to be compliant with the passing of House Bill 1475. During recent reviews ofordinance staff
noted an editing error that needs to be corrected. The change is minor by amending the word
"'handicap" with ""hardship", shown below.
(F) That literal enforcement of the chapter will result in unnecessary hardship, because of
exceptional narrowness, shallowness, shape, topography, or other extraordinary or
exceptional physical situation or physical condition unique to the specific piece of property
inquestion. "Unnecessary lhlandlil hardship" shall mean physica)hardship relating tothe
property itself. The following may also be considered when determining "unnecessary
The proposed correction is in accordance and compliance with H.1B 1475.
Staff recommends approval of the request.
I E. X A S
MEMO
Planning & Community Development
TO: Planning and Zoning Commission and City Council
FROM: Derns En man, Director of Planning and Community Development
SUBJECT: Proposed amendment to Section 28.002,005(3)(B) of the Code of Ordinances
DATE: July 22, 2024
On April 25 2023, The City of Beaumont City Council approved ordinance 2-3-037, amending the Code of
ordinance to be compliant with House Bill 1475 regarding financial hardship considerations for variance
request. In recent reviews of the ordinance, it was noted that there is inaccurate language within the
ordinance edited in error that needs to be amended.
Current it Ordinance Section 28,002.005(3)(B) states "That literal enforcement of the chapter will result in
unnecessary hardship, because o exceptional narrowness,, shallowness, shape, topography, or other
f
extraordinary or exceptional physical situation or physical condition unique to the specific piece of property in
q u es tio n - "Unnecessary h an dicap " shall mean physical hardship re /a tin g to the property itself, The followin g
may also b e considered when de term in in g "un n ecess ary hand cap.."
The proposed minor amendment of the section is to replace the work "'handicap" with "hardship" and will
read as follows "That literal enforcement of the chapter will result in unnecessary hardship, because of
exceptional narrowness, shallowness, shape, topography, or other extraordinary or exceptional physical
situation or physical condition unique to the specific piece of property in question. "Unnecessary hardship"
shall mean physical hardship relating to the property itself. The following may also be considered when
determining "unnecessary hardship
This amendment was heard and considered for approval at the June 6th meeting of the Board of Adjustments.
Attached to this memo, is the proposed corrected ordinance in full.
Thefollowing Code does not display imiges or coinplicatedfoiwiatting. Codes should be viewed online. This
tool is only iiwantfor editing.
§ 28.02.005 Board of adjustment.
(a) Creation. There is hereby cruated a board of adjustment consisting of five (5) regular members and four
(4) alternate members who shall serve in the absence of one or more regular members when requested to
do so by the city manager. Each member of the board of adjustment shall be appointed by the mayor and
confirmed by the city council for a term of two (2) years or until their successors are appointed and shall
be removable for cause by the mayor and city council upon written charge and after public hearing.
Vacancies shall be filled for the unexpired tenia of any member whose position becomes vacant for any
cause in the same manner as the original appointment was made. The members of the board of
ad ustinent heretofore existing shall continue to serve as members of the and until the terins for which
they were originally appointed expire. Members of the board shall serve without compensation.
(b) Proceedings. The board of adjustment shall adopt rules to govern its proceedings; provided, however,
that such rules are not inconsistent with this chapter or statutes of the state. Meetings of the board shall
be held at the call of the chairman and at such other times as the board may determine. The chairman, or
in his absence, the acting chairman, may administer oaths and compel the attendance of witnesses. All
meetings of the board shall be open to the public. The board shall keep minutes of its proceedings
showing the vote of each member upon each question, or, if absent or failing to vote, indicate such fact,
and shall keep records of its examinations and other official actions, all of which shall be immediately
filed in the office of the board and shall be a public record.
Appeal process. Appeals to the board can be taken by any person aggrieved or by an officer,
depattment, or board or bureau of the municipality affectcd by any decision of the administrative
officer. Such appeal shall be taken within a reasonable time after the decision has been rendered by the
administrative officer, by filing with the officer from whom the appeal is taken and with the board, a
notice of appeal specifying the grounds thereof. The officer from whom the appeal is taken shall
forthwith transmit to the board all the papers constituting the record upon which the action appealed was
taken.
A Stay of proceeding. An appeal shall stay all proceedings in furtherance of the action appealed from
unless the officer from whom the appeal is taken certifies to the board of adjustment, after the notice of
appeal shall have been filed with him, that by reason of facts stated in the certificate, a stay would, in his
opinion, cause imininent peril to life or property. In such case, proceedings shall not be stayed,
otherwise,, then by a restraining order which may be granted by the board or by a court of record on
application on notice to the officer from whom the appeal is taken and on due cause shown.
(c) General powers. The board shall have the following powers:
(1) To hear and decide appeals when it is alleged there is an error in any order, re i ent decision or
quirem
determination made by an administrative official in the enforcement of this chapter. The board must find
the following in order to grant an appeal:
(A) That there is a reasonable difference of interpretation as to the specific intent of the zoning regulations
or zoning map.
(B) That the resulting interpretation will not grant a special privilege to one property inconsistent with other
properties or uses similarly situated.
(C) The decision of the board must be such as will be in the best interest of the community and consistent
with the spirit and interest of the city's zoning laws.
(2) To hear and decide special exceptions to the terms of this chapter. The term "special exception" shall
mean a deviation from the requirements of the zoning ordinance, specifically enumerated herein, which
shall be granted only in the following instances,,, and then only when the board finds that such special
exception will not adversely affect the value and use of Lid] acent or neighboring property or be, contrary
to the best public interest:'
(A) To rectctextend or enlarge a building occupied by a nonconforming use on the lost or tract onsru,
occupied by such building, provided that the reconstruction, extension, or enlargement does not prevent
the return of the property to a conforming use.
(B) To deviate yard requiremcnts in the following circiimstances:
(1) A re the actual front yard setback of an abutting lot
n. exception from the front yard requirements whe
does not meet the front and requirement or a rear yard exception where the actual rear yard setback of
any four (4) or more lots in the same block to not meet the rear and requirements of the regulations.
GO A yard exception on comer lots.
(Iii) An exception where the existing front yard setbacks of the various lots in the same block are not
uniform, so that any one of the existing front yard setbacks shall, for a building hereafter constructed or
extended, be the required minimum font yard depth.
iv ) An exception from the minimum front yard requirements for owner identification signs where a
structure existing at the effective, date of this chapter precludes locating a sign in compliance with the
setback regulation.
(v) An exception from a minimum interior side yard setback requirement for owner identification signs for
ex isting businesses which were developed prior to April 1, 19 8 1, where there is no safe place to erect a
sign in compliance with the miniinum setback requirements. A condition for granting of the exception is
that the applicant must demonstrate that the sign shall not screen or obstruct the view of an existing sign,
building, or outdoor display area.
(vi) An exception from the minima-m side yard setback requirement where a nonconforming building vas in
existence at the time of the passage of this ordinance (January 17, 1984).
(C) To waive or redu'ce off-street parking and loading requirements when the board finds the same are
unnecessary for the proposed use of the building or structure for wInch, the special exception request
applies.
(D) To grant an exception for ten (10) additional feet in height for an advertising sign when, in the board's
judgment, the sign, at a lower height, will block an existing sign or sti-LICture from view or itself be
blocked from view.
(3) To authorize upon appeal in specific cases such variance from the terms of this chapter as will not be
contrary to the public interest, where, owing to special conditions, a literal enforcement of the
provisions of said laws will result in unnecessary hardship, and so that the spirit of the chapter shall be
observed and substantial justice done. The term "variance" shall mean a deviation from the literal
provisions of the zoning ordinance which is granted by the board when strict conformity to the zoning
ordinance would cause an ui-inecessary hardship, because of circumstances unique to the property on
which the variance is granted. Except as otherwise prohibited under subsection 0) [subs Lion. (Q
hereof, the board is empowered to authorize a variance from a requirement of the zoning ordinance
when the board finds that all of the following conditions have been met:
(A) That the granting of the variance will not be contrary to the public interest; and
(B) That literal enforcement of the chapter will result inUDnecessary hardship, because of exceptional
narrowness,, shallowness,, shape, topography, or other extraordinary or cxceptional physical situation or
physical condition unique to the specific piece of property in question. "Umiecessary haii4ie-ap
ha it shall mean physical hardship relating to the property itself. The following may also be
considered when determining "unnecessary ha*dictap hards
(i) The cost of compliance with theZODing ordinance is greater than fifty (50) percent of the appraised
value of the structure as shown on the most recent certified appraisal roll;
(ii) Compliance would result in a loss to the lot on which the structure is located of at least twenty-five (25)
percent of the area on which development may physically occur;
(Iii) Compliance would result in the structure not in compliance with a requirement of another city
ordinance, building code, or other requirement;
(iv) Compliance would result in the unreasonable encroacluiient on an adjacent propefty or easement; or
(v) The city considers the structure to be a nonconforming structure.
As distinguished from a hardship relating to convenience or caprice, and the hardship
must not result from the applicant's or property owner's own actions; and
(C) That by grantl ng the variance, the spirit of the chapter will be observed and substantial justice will be
done.
The applicant sball have the burden of proving to the board that the
foregoing conditions have been met.
(f) Use variance prohibited. No variance shall be granted to permit a use in a zoning district in which that
use is prohibited.
(g) Additional conditions. The board is einpowered to impose upon any variance or special exception any
condition reasonably necessary to protect the public interest and conununity welfare.
(h) Revocation or modification.
(1) A variance or special exception may be revoked or modified for any of the following reasons:
(A) That the variance or special exception was obtained or extended by fraud or deception.
(B) That one or more of the conditions imposed by the board in granting such variance or special exception
has not been complied with or has been violated.
(C) That the variance or special exception, although granted in accordance with all requirements hereof, has
caused a nuisance or is otherwise detrimental to public health, safety and welfare.
(2) An action to revoke or modify a previously granted variance or special exception may be initiated by
order of the city council, the city manager., any member of the board, or the person who obtained the
variance or special exception.
(3) The board of adjustment shall hear a request for the revocation or modification of a variance or special
exception in accordance with the same notification and hearing procedures established for original
variances and special exceptions.
Notification and hearing process, Any request for an appeal, variance or special exception shall require
a Public hearing before the board. Notice of said hearing shall be. published at least one (1) time, in a
newspaper of the city, at least ten (10) days prior to the day of the hearing..A written notice of the
hearing shall be sent to owners of property situated within two hundred (200) feet of the exterior
boundary of the property with respect to which such appeal, variance or exception is requested. It shall
be sufficient that such written notice is addressed to the owner appearing on the most current tax roll of
the city and addressed to such owner at the address stated on said roll. If no owner is stated on the tax
roll, or no address appears thereon, the written notice to such property owner shall not be required. A
processing fee of two hundred fifty dollars ($250.00) shall be paid to the city in advance of the hearing.
In the event tho application is withdrawn prior to the mailing of the required written notification of
publication in the official newspaper, the fee shall be refanded.
Action of the board. The concurring vote of four (4) members of the board shall be necessary to reverse
any order, requirement, decision or determination of any such administrative official, or to decide in
0
favor of the applicant on any matter upon which it is required to pass under any such ordinance, or to
effect any variation in such ordinance.
(k) Appeal from decision of board. Any person aggrieved by any decision of the board of adjustment, or
any officer, department or other board or connnission of the city or the city council, may appeal the
decision or action of the board of adjustinent by filing a petition for same in a Court of competent
urisdictionsetting forth that ch dec' Ision is illegal in whole or in pail, and specifying the grounds for
j, su
the alleged illegality. Such petition shall be filed with the court within ten (10) days from the, day the
board renders its decision, and not thereafter. The time period set forth herein shall be deemed
jurisdictional.
(1) Reapplication. No application for a variance,, special exceptIOR, or appeal which has been denied shall
be again filed earlier than one (1) year from the date of original denial.
(m) Validity. If an application is granted by the board, all permits necessary for the prosecution of the work
must be obtained within one (1) year and construction completed within the time established by the
building code. All previous applications approved by the board for which building permits have not
been issuedshall be valid only if a building permit is obtained within one (1) year after receipt, of a
written notice of the requirements of this section and construction trust be completed within the time
limits set forth in the building code. Written notice shall be considered received on the date such notice
is mailed to the person, firm or corporation who received the variance addressed to the address of such
person, firm or corporation as the same shall appear in the records of the planning department relating to
the granting of such application.
(Ordinance 1--1. sec. sec. 1. adopted 3/10/8 1; Ordinance 81-5 8, sec. 3, adopted 7/28/8 1; Ordinance 82-134, sec.
135 adopted 12/14/82; Ordinance 83-144, see. 1, adopted 17/8
0/25/83; Ordinance 84-09, see. 1, adopted 1/14;
Or . dinanec 84-87, see. L adopted 6/26/84; Ordinance 86-30, see. 3, adopted 3/25/86; Ordinance 92-62, sec. 7,
adopted 8/11/92; Ordinance 03-098, see. 1, adopted 12/9/03; 1978 Code, see. 30-37; Ordinance 23-037
adopted 4/25/2023)
DATE: July 72.2OZ4
TO: Planning Commission and City Council
FROM: Demi Engman, Director of Planning and Community Development
SUBJECT: Consider request for a Specific Use Permit toallow aRecreational Vehicle Park |nan
Ll (Light 1ndustrial) zoning district.
FILE: pZ2024'169
STAFFREPORT
Justin Broussard is requesting a Specific Use Permit to allow an RV (Recreational Vehicle) resort
at 6185 Fannett Road. The development will consist of seventy three (73) pads with water,
electricity and sewage hook-ups. The RV Park will be open 24 hours a day all year-round. The
business operating hours will be Monday through Sunday, 8am to 8pm, with designated quiet
hours of 10prii to 7a.m. The developments amenities will include a playground for children, a
designated dog park for pets, aoffice club house, arecreational game room, and laundry
facilities for guest ofthe park.
Per our City's Comprehensive Plan, the proposed development is considered to be located in
the Contemporary Neighborhood design concept. This model allows for a diversity of housing
types and convenient access toparks, �schools and shopping centers while still protecting
single-family residential areas from Intrusion of incompatible land uses and vehicular traffic.
This proposal appears to be consistent to the Comprehensive Plan of Beaumont.
Planning staff recommends approval of this request with the following conditions:
1. Shall be1ncompliance with Section 24.OGOO8Minimum standards for type "C"
recreational vehicle park.
2. Shall be in cc)mpliance with Section 28.04.006 Landscaping and screening requirements.
3. Shall provide directional lighting to reflect away from the surrounding residential
properties.
/i The property at 6185 Fannett Road and surrounding areas, are located within the
Special Flood Hazard A zone. All improvements for the proposed development shall be
in strict compliance with applicable local, State, and Federal regulations, including
5. Construction plans must rneet all requirements by Water Utilities for any water and
sanitary improvements, including any requirements of the City"s backflow,
pre-treatment and/or FOG program.
6. No permanent structure or appurtenances shall be placed within the easement
property, including RV pads.
7. Water and sewage crossings and separations shall follow all Texas Commission on
Environmental Quality (TCEQ) standards.
8. Construction plans shall comply with all applicable Fire and Building Code requirements.
9. Shall install a5'sidewalk along Fonne1 Road, either inprivate property, orwithin
TXDOT right-of-way with applicable TXDOT permits.
Please note that final occupancyapproval bsubject toreview and acceptance ofsubmitted
plans and field inspections toverify compliance with applicable codes.
Exhibits are attached.
PUBLIC NOTIFICATION
Notices mailed to property owners 4
Responses in Favor Responses in Opposition .
LEGAL DESCRIPTION FOR ORDINANCE PURPOSES
Being Tract All ofLots 59and 60Block D, Tyrrell Park Additio�Beaumont,Jefferson County,
Texas, containing 7.793lacres, more orless.
mI n��W&IW
CONDITIONS FOR APPROVAL OF SPECIFIC USE PERMIT
(SECTION 28-26.Ell ZONING ORDINANCE)
Application Application
is in lsnot |n Comments
compliance compliance Attached
Conditions:
l.That the specific use will becornpadHewith
and not injurious totheuse and enjoyment of
other property, orsignificantly diminish or
impair property vo\ueswithin the immediate
2.That the establishment ofthe specific use will
not impede the normal and orderly development
and improvement ofsurrounding vacant
property; X
3.That adequate utilities, access roads, drainage
and other necessary supporting facilities have
been orvvUX\ be
/iThe design, kzcatonandarrangennentofaU
driveways and parking spaces provides for the
safe and convenient movement ofvehicular and
pedestrian traffic without adversely affecting the
general public oradjacent developments; x
S.That adequate nuisance prevention measures
have been orwill betaken toprevent orcontrol
offensive odor, fumes, dust, noise and vibration; X
G.That directional lighting will beprovided soas
not to disturb or adversely affect neighboring
El
7. That there are sufficient landscaping and
screening toinsure harmony and compatibility
with adjacent property; and, x
8That the proposed use |sinaccordance with
the Comprehensive Plan. x
GENERAL INFORMATION/PUBLIC UTILITIES
AP P LI CANT:
PROPERTY OWNER:
EXISTING ZONING:
PROPERTY SIZE:
EXISTING LAND USES:
FLOOD HAZARD ZONE:
SURROUNDING LAND USES:
NORTH: Vacant
EAST: Vacant
SOUTH: Vacant
WEST: Vacant
COMPREHENSIVE PLAN:
Justin Broussard
S&4J Broussard Enterprises
6l85FannettRoad
Li(Light Industrial)
7,793 acres, more or less
A— Area determined to be inside the floodp|a\n
with aone percent orgreater annual chance of
flooding in, any given year.
SURROUNDING ZONING:
R-S(Resdentia|S|nple Family Dwelling)
Contemporary Neighborhood Design
Fannett Road -Major Arterial -Suburban road wbhe
12O'midenght'of-vvayand 5O'wide pavement.
Open ditch
8"water line
8"sanitary sewer line
PROPERTY OWNERS NOTIFIED WITHIN 200 FEET
TYTEX PROPERTIES
TYRRELL PARK RV
TYRRELL PARK R
DOLLINGER T MMY HALE & KENNETH
BEA
U MC3 NT
Planning & Community Development
Case Type:Planning and Zoning Case Status: REVIEW
Case Sub Type: Specific Use Permit Tag Name: Specific Use Permit to allow a
Case #: PZ2024-169 Recreational Vehicle (RV) resort
Location: 6185 PA NETT RD, BEAUMONT, TX Initiated Oil: 6110/2024 5:59-01 PM
Individuals listed oti the record:
Applicant
Justin Broussard
Home Phone'.
2741 Maxroy St
Work Phone:
Houston, TX 77007
Cell Phone: 409-454-9581
E-Mail: broussajenterprises@gmail-corn
Property Owner
SMJ Broussard Enterprises
Home Phone:
2741 Maxroy St
Work Phone:
Houston, TX 77007
Cell Phone:
E-Mail:
Case Type: Planning and Zoning Page I of 3
Case #: PZ2024-169 Printed On: 6125/2024
BEAU
M4 NT
Planning & Community Development
Legal Description TYRRELL PARK L59 & 60 BLK D 7.7931 AC
Number of Acres 7.79
Proposed Use RV Park Resort
That the specific use will be
The specific use of Tyrrell Park RV Resort will be compatible with and
compatible with and not injurious to
not injurious to the use and enjoyment of other properties, nor will it
the use and enjoyment of other
significantly diminish or impair property values within the immediate
property, nor significantly diminish or
vicinity. The development Is designed to enhance the surrounding
impair property values within the
area by providing a well -maintained, attractive lodging option that
immediate vicinity
aligns with the natural and recreational attributes of Tyrrell Park.
That the establishment of the specific
The establishment of the Tyrrell Park RV Resort will not impede the
use will not impede the normal and
normal and orderly development and Improvement of surrounding
orderly development and improvernent
vacant property. On the contrary, the RV resort is expected to
of surrounding vacant property;
stimulate further development by increasing the attractiveness and
utility of the surrounding area,,
That adequate utilities, access roads, Adequate utilities, access roads, drainage, and other necessary
drainage and other necessary supporting facilities have been or will be provided for the Tyrrell Park
supporting facilities have been or will RV Resort. We are working closely with RV park consultants,
be provided developers, and project engineers to ensure all infrastructure
requirements are met to support the new development. The site plan
includes sufficient infrastructure planning, which contains diagrams
aligned to meet both city a n d state requirements for drainage,
access, and utilities.
The design, location and arrangement
The design, location, and arrangement of all driveways and parking
of all driveways and parking spaces
spaces at Tyrrell Park RV Resort provide for the safe and convenient
provides for the safe and convenient
- traffic. We have incorporated
movement of vehicular and pedestrian
movement of vehicular and pedestrian
ample space for maneuvering RVs and vehicles and will ensue that
traffic.
the property driveways will receive TxDOT approval.
That adequate nuisance prevention
Adequate nuisance prevention measures have been or will be taken
measures have been or will be taken
to prevent or control offensive odors, fumes, dust, noise, and vibration
to prevent or control offensive odor,
at the Tyrrell Park RV Resort. These measures include it
fumes, dust, noise and vibration
quiet hours, maintaining clean facilities through a scheduled
maintenance plan, and using landscaping to buffer noise and dust.
That directional lighting will be
Directional lighting will be provided at Tyrrell Park RV Resort to
provided so as not to disturb or
ensure it does not disturb or adversely affect neighboring propeilies.
adversely affect neighboring
The lighting plan is intentionally designed through strategic
properties
placement to illuminate only necessary areas while minimizing light
pollution.
That there are sufficient landscaping
There are sufficient landscaping and screening measures planned to
and screening to insure harmony and
ensure harmony and compatibility with adjacent properties. The
compatibility with adjacent property
resort will feature green spaces that blend seamlessly with the
natural environment of Tyrrell Park, creating an aesthetically pleasing
and environmentally friendly setting.
Case Type: Planning and Zoning Page 2 of 3
Case It: PZ2024-169 Printed On: 612512024
BEA
V MC3 NT
Planning & Community Development
That the proposed use is in The proposed use of the Tyrrell Park RV Resort is in accordance with
accordance with the Comprehensive the Comprehensive Plan. It supports the plan' s goals of promoting
Plan tourism, enhancing recreational facilities, and fostering economic
development within Beaurnont by leveraging the natural and scenic
assets of Tyrrell Park.
Notes. -
Case Type. Planning and Zoning Page 3 of 3
Case #, PZ2024-169 Printed On: 6/25/2024
Letter to Pl a n in & Zoning Corr mission - Tyrrell Park RV (Su P Sul mission Jun. 4)
Dear Members of ffie Planning Commission,
I am writing to formally apply for aspecific use permit for the development of Tyrrell Park RV
Resort, a premier RV park designed to cater to both short-terin and long-term renters. The
proposed RV resort will be located at 6185 Fannett Rd, Beaumont TX.
The Tyrrell Park RV Resort will feature 73 RV pads, each equipped to provide the utmost
comfort and convenience to our guests. Additionally, the park will include eight ADA-compliant
uniscx showers to ensure accessibility for all visitors.
Personal Note
Than you for taking the finie to consider this application. In 2019, my father, Brian Keith
Broussard, applied for a specific, use pernut to allow a recreational vehicle resort in an LI (Light
Industrial) District at 6185 Fatuiett Road. On Februai-y 19th, 2019, the City Council granted
approval to his request. Unfortunately, my fattier later grow ill and passed before we could start
cons ti-Liction on this project. Today, I am sending in a request to grant a speel le use permit to
develop an RV resort at 6185 Faimett Road. I would like to finish my father's work.
Amenities
4
The resort will offer a variety, of amenities aimed at effliancing the overall guest experlence.
•Playground: A safe and fun area for children to play.
•Dog Park: A designated space for pets to exercise and socialize.
• Office Clubhouse: A central hub for guest services and administrative tasks.
Game Room: A recreational area for guests to enjoy various games and activities.
Laundry Facilities: Convenient on -site laundry services for guests.
Business Model
The Tyrrell Park RV Resort will operate with a dual focus on short-terin and long-term rentals.
Our pricing structure is designed to provide flexibility and affordability for all types of visitors:
0 Nightly Rate: $60
0 Weekly Rate: $250
0 Monthly Rate: $600
Hours of Operation
The park will operate year-round witli the following hours:
Office Hours-. 8:00 AM - 8:00 Pam, Monday tbrough Sunday
• Check-ln/Check-Out: Check -in time is 1:00 PM, and check-out time is 12:00 PM
• Quiet Hours: 10:00 PM -- 7:00 AM to ensure a peaceful environment for all guests
Letter to Planning & Zoning Commission - Tyrrell Park RV (SUP Submission Jun.24)
Target Market and Community Impact
Our target market includes local residents seeking lease options for RV parking, tourists visiting
Beaumont's natural attractions, and travelers looking for a convenient and comfortable place to
stay. The development of the Tyrrell Park RV Resort will significantly enhance the Tyrrell Park
brand, attracting more visitors to eaumont's natural habitats and botanical gardens, thereby
contributing to local tourism and cconoinic growth.
Benefits to Beauniont
The proposed RV resort aligns with the city's vision of promoting outdoor activities and eco-
tourism. It will provide a quality lodging option that complements the existing attractions in
Tyrrell Park, such as the Cattail Marsh Scenic Wetlands and the Beauniont Botanical Gardens.
By offering a unique and comfortable stay, we aim to increase visitor cligagement with these
natural and cultural resources, thereby fostering a greater appreciation for Beaumont's ecological
and botanical treasures.
We believe that the Tyrrell Park RV Resort will be a valuable addition to the community,
offering both econornic and social benefits. We respectfully request the Planning Commission's
approval of our application for a specific use pern-tit. Thank you for considering our proposal.
We look forward to working witli the city to bring this project to fruition.
Sincerely,
Justin Broussard
Managing Officer
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P -169: Request for a Specific Use Permit to allow a recreational vehicle resort within an H (Light
Industrial) zoning district.
Applicant: Justin Broussard
Location; 6185 Fann tt Road
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DATE: July 22, 2024
TO: Planning Commission and City Council
FROM: Demi Engman, Director of Planning and Community Development
SUBJECT: Toconsider arequest for oRezoning from R-3(Residential Single -Family
Dwelling) toGC-MD (General Commercial —Multiple-Family Dwelling) oramore
restrictive district.
F|LE: PZ2024-173
STAFF REPORT
Elizabeth Simmons is requesting approval of a Rezone from R-S (Residential Single -Family
Dwelling) to GC -MD (General Commercial —K4uitiple'FarnUy Dwelling) or more restrictive
zoning district, for the property located at 5210 Concord Road. The property is currently under
a work program and being repaired to the code of a residential structure. The applicant is
seeking torezone the property tocommercial zoning asthey feel \twould beeasier tmfind a
commercial tenant post Concord expansion.
This request, if granted, may result ina"spot'zone ofhigh density uses |nasingle family
residential area. The application isnot |ncompliance with the Comprehensive plan of
Beaumont and may be a violation of Chapter 211 of the Local Government Code. Texas
Municipal Law def ines"spotzomnp°as,"4 piecemeo/zon/ngomenoment that arbitrarily singles
outosm all tractfor spacia/treotrn ent..Lots thot are rezon ed inoway thot issUbs tan tially
inconsistent with the zoning of the surrounding orea, whether more or less restrictive, are likely
to be invalid"..
According to the Comprehensive Plan the property is located within a "Stable Area". Stable
Areas are ""characterized by good to excellent structural conditions and neighborhoods that are
free from bligh tin«influences, such osincompatible Ion duses, dilapidci tedbuildings ond a
deberio ra te d orpoorpub lic infras tru c ture. Vacan t parcels wh 1 chmcy exis t are good to excellen t
Staff recommends denial of this request,
Exhibits are attached.
PUBLIC NOTIFICATION
Notices mailed toproperty owners 19
Responses in Favor Responses in Opposition
LEGAL DESCRIPTION F ORDINANCE E_ PURPOSES
Being all of Lot 27B, Black 3, Preach Heights Addition, Bea r ont, Jefferson Counter,, Texas,
containing .473 acres (LESS AC IN RD ROW) more or less.
GENERAL INFORMATIONIPUBLIC UTILITIES
PROPERTY OWNER -
EXISTING ZONIN-G.,
PROPERTY SIZE:
EXISTING LAND USES:
FLOOD HAZARD ZONE:
SURROUNDING LAND USES:
NORTH, Residential
EAST: Residential
SOUTH, Residential
WEST: Residential
COMPREHENSIVE PLAN:
SAN1TARY SEWER SERVICE:
Simmons Luther Gary &Elizabeth
521OConcord Road
R-S(Residential Single -Family Dwelling) District
.473acres/ more orless
Residential
X —Area determined to be outside the 500'vear
flood plain.
SURROUNDING ZONING:
R-S
Stable Area
Concord Road SecondaryArterial-suburban
street, with 8C/wide rightof way and 5O/
pavement width.
Curb /&Gutter
O"Water line
Z4'Sanitary sewer line
PROPERTY OWNERS NOTIFIED WITHIN 2001
GREEN DEBRA & JASMINE
HERNANDEZ BUTH E
TAIlEEL MIKE
N EW M N CA RCS LY N J
RODRIGUEZ JUAN & MARIA D
SINS LUTHER GAR
HUHES FANDALL & IAAEC
DEL CARMEN GUADLUPE
WELCH J N D
PEREZ LINDA SUE
WELCH J N D
CALLAS JAMES R
ALBERTO FA lILA +GALL N
ALBERTO FAVI'LA GALVAN LU I S
ALLEN C D
J NES CHf IST PHER
SMOAK ROBE T
EMNA JAS N & T ACI
D'LE PAUL
V MONT
Planning & Community Development
Case Type:Planning and Zoning Case Status: REVIEW
Case Sub Type: Rezone Tag Name: Rezone property and building for
Case #: PZ2024-173 commercial use
Location: 5210 CONCORD IUD, BEAUMONT, 77708 Initiated On: 6/13/2024 3:34:25PM
Individuals listed on the record:
Applicant
Elizabeth Simmons
5220 Roberts Rd
Beaurnont, TX 77705
Home Phone:
Work Phone.
Cell Phone: 409-790-8259
E-Mail- bizlliz@att.net
Property Owner
Elizabeth Simmons Home Phone:
5220 Roberts Rd Work Phone:
Beaumont, TX 77705 Cell Phone: 409-790-8259
E-Mail: biziliz@att.net
Legal Description 5210 Concord Rd, Beaumont, TX 77708
FR FITS 27B B3
021850-000 - FRENCH HEIGHTS
Neighborhood: 021850002
.49 35AC (LESS AC III IUD ROW) .019 BAC = .4737AG
Property ID: 35087
Geographic ID: 021850-000-007900-00000
Mapsco: 101-245
Number of Acres 0.47
Proposed Use Commercial building/lot for rent or sale
Notes:
Case Type: Planning and Zoning Page 1 of 1
Case #: PZ2024-173 Printed On: 6/27/2024
June 13, 2024
Elizabeth Simmons
5220 Roberts Rd
Beaumont, TX 77705
City of Beaumont
Planning and Zoning Commission
Greetings Commission Members,
Re: 5210 Concord Rd, Beaumont, TX 77708
I write to you today to askthatyou consider my request to change the' zoning for this property from
R-S — Residential -Single Family to GG/MD — Genera[ Commercial/Multi-Famity Dwellings. The
building is currently being remodeted, and I would the to turn it into a commercial rental or put it up
for sale as a commercial Location.
Due to the recent changes in Concord Road from a 2-lane to a 4--tame roadway, the building lost
about half its front yard to the new construction and the sidewalk easement. The building on the
property now sits close to the road, makingtraffic noise and vibrations a problem when trying to
rent this location as a single-family residence. It is for this reason I wish to change the zoning to a
cornmerciat location that will a [tow a business to reside on the property.
This property is currently only one house away from being in the nearest commercial zoning area as
the house to its right (5170 Concord) sits between it and commercially zoned property on its other
side. In addition, there is a commerciatly zoned property immediately across the street in the form
of a car wash. I have included the general location using the city's interactive map showing the
property zones currently in place.
Following are the metes and bounds of the property:
Being a part of Lot Twenty -Seven (27) of the French H e ights subdivision, described as follows:
4
Beginning at the most southwesterly corner of Lot Twenty -Seven (27), said begi n n 1 n g point being t h e
com rnon corner of Lots Twenty -Seven (27) and Twenty -Six (26) in the north line of the 'both Road
(Hobby Highway) at an iron stake; Thence in a northeasterly direction along the dividing tine
between Lots Twenty -Six (26) and Twenty -Seven (27) a distance of Two Hundred Fifty feet (250' to
iron stale for corner; Thence in a southeasterly direction parallel with the north boundary tine of Lot
Twenty -Seven (27), a distance of Eighty-six feet (86') to iron stake for corner; Thence in a
southwesterly direction pa ratlel with the common boundary line of Lots Twenty -Six (26) and Twenty -
even (27), a distance of Two Hundred Fifty feet (250') to a point in the north right-of-way line of the
Voth Road (Hobby Highway) to iron stake for corner; Thence in a northwesterly direction along the
north boundary line of the Voth Road (Hobby Highway a distance of Eighty-six feet (86') to the
place of beginning, being a plat of ground fronting Eighty -Six feet (86') on the Voth Road (Hobby
Highway): Also Know as 5210 Concord Road, City of Beaumont, county of Jefferson, State of Texas;
U024-173: Request for a rezone from an RS (residential Single Family) zoning district to GC -MD
General Commercial - Multiple Family Dwelling) or a more restrictive zoning district.
kpplicant: Elizabeth Simmons
.ocation: 5210 Concord Road
0 100
Feet
Legend
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PZ2024-173
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DATE: ]ulyZJ-2OZ4
TO: Planning Commission and City Council
FROM: Demi Engman, Director of Planning and Community Development
SUBJECT: Consider arequest for anamended Specific Use Permit toallow amortuary and
crematory in an RCR (Residential Conservation Revitalization) District.
FILE: PZ2024-176
STAFF REPORT
Larissa Payton, onbehalf ofAndre Corneaux brequesting anamended Specific Use Permit to
allow amortuary and crematory at 35lOSarah Street. The request received anapproved
Specific Use Permit in 2021, and an extension in 2023 however substantial changes in design
and layout have required the request to be reviewed by the Planning Commission and City
The proposed development will feature a thirteen thousand five hundred (13,500) square foot
more or less chapel for services, a five -thousand (5000) square foot more or less embalming
building for processing and approximately one hundred parking spaces. Operating hours will be
Monday through Friday 9am to 5pm, where they will offer a variety of funeral planning
services, pre -planning services and grief counseling.
Staff recommends approval of the request with the following conditions:
1. Construction plans must meet all requirements by Water Utilities for water and sanitary
sewer services, including any requirements of the City-s backflow, pre-treatment and/or
FOG program.
2. Construction plans shall comply with all applicable Fire and Building Code requirements.
3. Shall be in strict compliance with all applicable State laws.
Please note that final occupancy approval is subject to review and acceptance of submitted
plans and field inspections toverify compliance with appl|cablecodes.
Exhibits are attached
PUBLIC NOTIFICATION
Notices mailed to property owners 17.
Responses in Favor Responses in Opposition I
LEGAL DESCRIPTION FORORDINANCE PURPOSES
Being Lot l Sarah Street Addition, Beaumont, Jefferson Oounty, Texas, containing 3.0 acres,
more orless.
ANIn.Yrs|�
CONDITIONS FOR APPROVAL OF SpBORC USE PERMIT
(SECTION 28-26.EZONING ORDINANCE)
Application Application
bin |snot in Comments
compliance compliance Attached
1.Th atthe specific use will becornpabb|ewith
and not injurious toLheuseandenjoyment of
other property, or significantly diminish or
impair property values within the immediate
vicinity; x
2.That the establishment ofthe specific use will
not impede the normal and orderly
development and improvement of surrounding
vacant property;
0�
3.That adequate utilities, access roads, drainage
and other necessary supporting facilities have
been orwill beprovided; X
4.The design, location and arrangement ofall
driveways and Parking spaces provides for the
safe and convenient movement ofvehicular and
pedestrian tnafQcwith out advensely affect|ng
the general public oradjacent developments; X
S.That adequate nuisance prevention measures
have been orvvH|be taken toprevent orcontrol
offensive odor, fumes, dust, noise and vibration; X
6. That directional lighting will beprovided so as
not to disturb or adversely affect neighboring
properties;
X
7.That there are sufficient landscaping and
screening toinsure harmony and compatibility
with adjacent property; and, x
@. That the proposed use \sinaccordance with
the Comprehensive Plan. x
GENERAL INFORMATIONIPUBLIC UTILITIES
APPLICANT: Larissa Payton
PROPERTY OWNER:
LOCATION:
EXISTING ZONING:
COK4EAUXANORE&MELANIE yNOYEDOMEAUX
3S1OSarah Street
RCR(Res1dentia1 Conservation Revitalization)
EXISTING LAND USES: Vacant
ZONE:FLOOD HAZARD X—A[eadeternninedtobeouts\detheSOO
year floodplain.
SURROUNDING LAND USES: SURROUNDING ZONING:
NORTH: Vacant
RM-H (Residential Multiple -Family Dwelling -
Highest Densitv\
EAST: Residential
RM-H
SOUTH. Residential
RM-H
WEST: Vacant
kCR
PLAN:COMPREHENSIVE
Conservation and Revitalization
STREETS:
Sarah Street — Secondary arterial with 6G/wide
hght'of-vvayand 4Z'pavement width.
Eatima Street — Local street with GCYwide r|ghL-of
vvayand22'pavenmentvvidth.
DRAINAGE:
Open ditch along Fatima Street
Curb and gutter along Sarah Street
WATER:
8" and 8" water lines
SERVICE:SANUARY SEWER
1O"and 12"Sanitary Sewer lines
PROPERTY OWNERS NOTRED WITHIN 200 FEET
C M EAU{ AN D RE & MELANIE M (AYE
CM EAUX
DM STARC EST LTD
DIOCESE OF BEAUMONT
BITE ALISA D
PAPPIN ARETTE
BOLING ALE IA FAY
LAFLEUR WHITEY
GRIFFIN ANELA
HENDERSON WILLIAM J JR
HENDERSON WILLIAM JJR
HENDERS N WILLIAM J JR
TH MAS R N DAYSH
JAM ES CHRIST PHER Q & I ATH RYN
RR ETT IAH LA►
SNEED GERTRUDE P
RAKERS JENNIFER
JUTA10 HOLDINGS LLC
BEAUM
ONT
Planning & Community Development
Case Type: Planning and Zoning Case Status: REVIEW
Case Sub Type: Specific Use Permit Tag Name: Amended SUP for CC MEAUX
Case It: PZ2024-176 COMMUNITY MORTUARY & CREMATORY, LLC
Location: 3510 ARAH ST, BEAUMONT, 77705 Initiated On: 6/1812024 11 b45:20AM
Individuals listed on the record.b
Applicant
Larissa Payton
Home Phone- 4095543551
5290 Gail Dr
Work Phone:
Bearnont, TX 77708
Cell Phone: 4095543551
E-Mail: larissa—payton@hotniail.com
Property Owner
Andre Corneaux
Home Phone: 409-980-6000
624 IRMAAVE
Work Phone:
BEAUMONT, TX 77701
Cell Phone: 409-980-6000
E-Mail:
andre.comeaux@comeauxmortuat-y.com
Agent
Larissa Payton
Home Phone- 4095543551
5290 Gail Dr.
Work Phone:
Beaumont, TX 77708
Cell Phone: 4095543551
E-Mail: larissa—payton@hotmall.com
Other
Sam Fountain Home Phone: 4099264464
7920 College St, Ste B. Work Phone:
Beaumont, TX 77707 Cell Phone: 4099264464
E-Mail:
samuel.fountain@sarid rconsultingengineers.c
0M
Case Type: Planning and Zoning Page 1 of 2
Case #: PZ2024-176 Printed On: 7/8/2024
EAUMONT
Planning & Corrnlriunity Development
Legal Description LT 1 SARAH STREET 3.000
Number of Acre's 3.00
Proposed Use Funeral Horne
That the specific use will be The, Specific use will be compatible with the use of surrounding
compatible with and not injurIOLIS to properties and will not diminish the property values within the
the use and enjoyment of other immediate vicinity.
property, nor significantly diminish or
impair property values within the
immediate vicinity
That the establishment of the specific
use will not impede the normal and
orderly development and improvement
of surrounding vacant property;
That adequate utilities, access roads,
drainage and other necessary
supporting facilities have been or will
be provided
The design, location and arrangement
of all driveways and parking spaces
provides for the safe and convenient
movement of vehicular and pedestrian
traffic
That adequate nuisance prevention
measures have been or will be taken
to prevent or control offensive odor,
fumes, dust, noise and vibration
That directional lighting will be
provided so as not to disturb or
adversely affect neighboring
properties
That there are sufficient landscaping
and screening to insure harmony and
compatibility with adjacent property
That the proposed use is in
accordance with the Comprehensive
Plan
Notes:
Case Type- Planning and Zoning
Case #: PZ2024-176
The establishment of the Specific Use will not impede the normal and
orderly development and improvement of surrounding vacant property.
Adequate utilities, access roads, drainage and other necessary
supporting facilities will be provided.
The design, location, and arrangement of all driveways and parking
spaces provide for the safe and convenient movement of vehicular and
pedestrian traffic.
Adequate nuisance prevention measures have been taken to prevent
or control offensive odor, fumes, dust, noise and vibration. Safe
engineering practices will be in place,
Directional lighting will be provided to illuminate the parking areas and
safety of the facility, and will not disturb or adversely affect
neighboring properties.
There is sufficient landscaping and screening to insure harmony and
compatibility with adjacent propeil!es.
The proposed use is in accordance with the Comprehensive Plan.
Page 2 of 2
Printed On: 7/8/2024
Larissa Payton
VSPHome Solutions
5Z9OGail OrBeaumont, TX
77708
409-554-3551
Fax
larissa_pavton@ hotrnaiLcorn
G/Z1/24
Planning and Zoning Commission
in reference to -
An droComneaux—CbrneauxCornrnunh»Funena|Horne
351OSarah St.
Beaumont, TX777Ol
Planning and Zoning Commission,
This letter kstodescribe the processes and operations for Corneaux
Community Funeral Home future location 351OSarah St. Beaumont, TX
777Q1.[orneauxFuneral home will beperforming funeral arrangements
and services at this location. There are two hulld(ngs, the larger building will
contain the chapel and the offices. All arrangements and services will occur
in this building. Interaction with the public, visitation, funeral ceremony,
cornrnittalsen/|ce,andthefune[a\receptioncanhappenhere.Therevvillbe
opportunities for pre -planning services, grief counseling, veteran memorials,
and funeral planning and selection for the bereavement. The vans and hertz
could be parked inthe garage in this building.
The second building isfor the Funeral Director toperform embalming
services. This includes body preparation, refrigeration, dressing, and
casket{ng1he body. There will be an office in this building., an embalming
room, a casket room., and storage for embalming supp|iea. There will be a
breakroonnonthe secondf|oorover the 8arage for thedirector toud|ize
when heorshe lsatthe site.
Regular office hours ofoperation are D:OOAMLo5:OOPM Monday through
Friday.
Please contact me with any questions you may have.
Sincerely,
Ownerl GC
VSP Home Solutions
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,Z2024-176: Request for an Amended Specific Use Permit to allow a mortuary and crematory in an RCR
Residential Conservation Revitalization) zoning district.
kpplicant: Larissa Payton
.ocaton : 3510 Sarah Street
0 100
1 1 beef
DATE: July 22, 2024
TO: Planning Commission and City Council
FROM: Demi Engman, Director of Planning and Community Development
SUBJECT: Consider a request for a Specific Use Permit to allow a rooming and boarding
house in the GC -MD (General Commercial- Multiple Family Dwelling) and IR-H
(Residential Conservation Revitalization- Historic) District.
FILE. PZ2024-187
STAFF REPORT
Justus Washington of J2D2 Properties is requesting a Specific Use Permit to allow a rooming
and boarding house in the existing structure at 2360 Calder Avenue. The proposed forty two
(42) unit extended stay facility is aimed to accommodate traveling professionals, including
nurses and plant workers that may be assigned to Beaumont for a period of time that may not
require them relocate entirely. The proposal includes private bedrooms, but will feature
common areas, such as kitchen, bathrooms, lounges, and laundry.
The property was tagged by the City in April of 2021 as a substandard structure. In January of
2022, due to a lack of communication by the owner at the time and no progress made toward
compliance the City Council issued a raze order of 2360 Calder Avenue. J2D2 Properties
purchased the property in December of 2022 and since then has been granted extension of
time through temporary restraining orders (To. Currently the structure remains in
substandard condition. It is anticipated for the District Court to hear a third request for an
extension of a TIRO on July 29, 2024.
According to our Cities Comprehensive Plan, the property is located within the "Stable Area"
which i s defined a s "B At up areas which are generally characterized by go od to excellen t
structural conditions and n e igh b o rh o o ds th a t are free from blighting influences s uch as
incompatible land uses, dilapidated and deli buildings and a deteriorated or poor public
infras truc ture. Va can t parcels which may exist are good to excellent de velopmeat sl tes. " T h e
request appears to be in compliance with our comprehen-sive plan.
Staff recommends approval of the request with the following conditions:
1. Construction plans must meet all requirements by Water Utilities for water and sanitary
sewer services, including any requirements of the City's backflow, pre-treatment and/or
FOG program.
2. Construction plans shall comply with all applicable Fire and Building Code requirements.
3. A designated local property manager contact be on file with the City, and their contact
information be posted on property. It shall be the responsibility of the property owner
to update contact information for changes in property management of the premises.
4. The property owner shall address the existing violations by coming into compliance with
all applicable ordinances, adopted codes,, state and federal regulations within the
timeframe allotted by court order.
Please note that final occupancy approval is subject to review and acceptance of submitted
plans and field inspections toverify compliance with applicable codes.
Exhibits are attached
PUBLIC NOTIFICATION
Notices mailed to property owners 32.
Responses in Favor Responses in Opposition 6
LEGAL DESCRIPTION FOR ORDINANCE PURPOSES
Being Half ofLot Z0'and All ofLots 21and Lot 8.Block 21LAved|\Addition, Beaumont, Jefferson
umA.Vr%.q
CONDITIONS FOR APPROVAL (]F SPECIFIC USE PERMIT
(SECTION 28-26.E, ZONING ORDINANCE)
Application Application
is in is not in Comments
compliance compliance Attached
Conditions:
1.That the specific use will becompatible with
and not injurious tothe use and enjoyment ot
other property, or significantly diminish or
impair property values within the immediate
2.That the establishment ofthe specific use will
not impede the normal and orderly
development and improvement of surrounding
vacant property;
0Q
3-That adequate utilities, access roads, drainage
and other necessary supporting facilities have
been orwill be provided; x
4.The design, location and arrangement ofall
driveways and parking spaces provides for the
safe and convenient movement ofvehicular and
pedestrian traffic without adversely affecting
the general public oradjacent developments; x
S.That adequate nuisance prevention measures
have been orwill betaken toprevent or control
offensive odor, fumes, dust, noise and vibration; X
6-That directional lighting will be provided so as
not to disturb or adversely affect neighboring
properties; x
7.That there are sufficient landscaping and
screening toinsure harmony and compatibility
with adjacent property; and, x
Q.That the proposed use ks|naccordance with
the Comprehensive Plan. x
GENERAL INFORMATION/PUBLIC UTILITIES
PROPERTY OWNER:
LOCATION:
EXISTING ZONING:
PROPERTY SIZE:
EXISTING LAND USES:
FLOOD HAZARD ONE:
SURROUNDING LAND USES:
NORTH:
Residential
EAST:
Res & Coo
SOUTH:
Commercial
WEST:
Res& Com
COMPREHENSIVE PLAN:
STREETS:
DRAINAGE,
WATER:
SANITARY SEWER SERVICE:
Justus Washington
JD 2 Properties
3510 Sarah Street
GC -MD (General Commercial- Multiple Family
Dwelling)
RCR-H (Residential Conservation Revitalization -
Historic)
".43 acres) more or less
Vacant Commercial
X — Area determined to be outside the 500
year floodplain.
RCR-H
RCR-H & GC -MD
GC -MD
RCR-H & GC -MD
Stable Area
Calder Avenue — Secondary arterial- urban with 70'
wide right-of-way and 50' pavement width.
McFaddin Avenue — Local street with 60' wide
right-of-way and 30' pavement width.
Curb and gutter along both frontages
6 it water lines
6" Sanitary Sewer lines
PROPERTY 1111E NOTIFIED WITHIN 200 VEET
JR LEAGUE OF BEAUMNT INC
IRIS HENRY A & SHARN G
BALQUE MARY A
R E B{ LLAR MARIA L
GRINNELLKEVIN
BAKER TIMOTHY C & SIL'IA
M & M RESOURCES IN
G EH RINGER CHARLES W J
GOZALO CARLS AUGUST
GOZALO CARL S AUGU TO
JOHNSON JAM I E
CU LLI NS '+I LLIM
FRANK'S MEDICAL MART INC
THOMAS CHARLES H JR
BEACHROCK PROPERTIES LLC
J2D2 PROPERTIES, NEXUS SDIIA LLC
COOK GENIE
BAKER TIMOTHY
BAKER TIMOTHY C ET UX
HELLBERG ERIC & R X NNE
225 CALDER LLC
2325 CALDER LLC
'ILLARREAL MARIO E JR & PATRICIA
VILLAR EAL MARIO E JR & PATRICIA
VILLARREAL MAR10 E JR & PATRICIA
CALDER COMMERCIAL INVESTMENTS
2325 CALDER LLC
5 CALDER LLC
TESO MARIO RENE
UDI PROPERTY
1ALLADARES PALOMA
VALLADARES FRANCI C
B EA
V M
O NT
Planning & Community Development
Case Type:Planning and Zoning Case Status: REVIEW
Case Sub Type: Specific Use Permit Tag Name: SUP to allow a rooming and boarding
Case #: PZ2024-187 house in a GCMD zoning district
Location: 2360 CALDER AVE, BEAUMONT3 77702 Initiated On: 6/1412024 4:42:3iPM
Individuals listed on the record:
Applicant
Justus Washington
Home Phone: 409-234-3530
13250 River Oaks
Work Phone: na
Beaumont, TX 77713
Cell Phone: 409-234-3530
E-Mail: 12remodeling@yahoo.com
Property Owner
Justus Washington
Horne Phone: 409-234-3530
13250 River Oaks
Work Phone: na
Beauniont, TX 77713
Cell Phone: 409-234-3530
E-Mail- j2remodeling@yahoo.corn
Agent
Justus Washington
Home Phone: 409-234-3530
13250 River Oaks
Work Phone: na
Beaumont, TX 77713
Cell Phone: 409-234-3530
E-Mail- j2reiinodeling@yahoo.com
Case Type- Planning and Zoning Page 1 of 2
Case 11: PZ2024-187 Printed On: 7/9/2024
BEAUMONT
Planning & Community Development
Legal Description AVE RILL ALL L21 & LS 112 L20 B 21
Number of Acres 0.43
Proposed Use Medium Term Rental
That the specific use will be Use will be medlurn term housing complex, entire building will be
compatible with and not injurious to brought up to code and new.
the use and enjoyment of other
property, nor significantly diminish or
Impair property values within the
immediate vicinity
That the establishment of the specific
use will not impede the normal and
orderly development and improvement
of surrounding vacant property;
That adequate utilities, access roads,
drainage and other necessary
supporting facilities have been or will
be provided
The design, location and arrangement
of all driveways and parking spaces
provides for the safe and convenient
movement of vehicular and pedestrian
traffic
That adequate nuisance prevention
measures have been or will be taken
to prevent or control offensive odor,
fumes, dust, noise and vibration
That directional lighting will be
provided so as not to disturb or
adversely affect neighboring
properties
That there are sufficient landscaping
and screening to insure harmony and
compatibility with adjacent property
That the proposed use is in
accordance with the Comprehensive
Plan
Notes:
Case Type: Planning and Zoning
Case #: PZ2024-187
The establishment will improve property values of surrounding areas.
All supporting facilities will be provided as needed.
Current driveway system will he up to standards of city requirements.
Will take measures needed for optimal performance.
All lighting required will be installed to maximize effective use at
property and not disturb others.
Our goal is to bring a well needed face lift and affordable housing
complex to 2360 LDER ave.
yes it is.
Page 2 of 2
Printed On: 7/9/2024
Dear Planning & Community Development,
I am writi ng to provide a detailed description of the processes and activities involved in
managing our 42-unit extended stay facility designed to accommodate traveling workers,
including n u rses and plant workers. Cur goal is to ensure a comf orta ble, convenient, a n d
efficient stay for all our guests, supporting there in their professional com mitm e nts away
from home.
**1. Booking and Reservations:**
- **Online and Phone Reservations:** Guests can book their stay through our user-
f rie nd ty website or by ca Ili ng ou r d ed icated reservation line.
- **Flexile Le Booking Options:** We offer monthly rates to accommodate varying Lengths
of stay.
-**Group Bookings:** Specia L arranger entsa re ava i [a ble for group booki n9s, often
required by agencies or companies sending multiple workers.
**2. Room Amenities and Services:**
Fu Lly Equipped units:** Each unit is furnished, high --speed Internet, and comforta ble
bedding to provide a homelike environment.
- **cleaning services:** Regular cleaning is provided to ensure cleanliness and hygiene,
with additional cleaning services available upon request.
- **Laundry Facilities:** On -site laundry facilities are available for guests to use at their
convenience.
**3. Common Areas and Facilities:**
- "Lounge and kitchen:** Common areas include a lounge and shared kitchen space
where guests can relax, socialize, or work.
**4. Safety and Security:**
- **24/7 Security:** Our facility is monitored by surveiRance cameras to ensure the safety
of our guests.
- "Emergency Procedures:** Clear emergency procedures are in place.
**5. Guest Support and Services:`
- **Maintenance Services:** Maintenance staff are available to promptly address any
issues that arise in the units or common areas.
**6. Feedback and Continuous Improvement:**
- **Guest Surveys:** We regularly survey our guests to gather feedback on their
experience and identify areas for improvement.
our extended stay facility is committed to providing a welcoming and supportive
environment for traveling workers, ensuring their time with us is as pleasant and productive
as possib Le. should you have any further questions or require ad d itiona L i nf ormatio n
please do not hesitate to contact me.
Thant you for co nsi d eration,
Sincerely,
Joshua Bryce
Management
J2D2 Properties
J2d2praperfles_Pyahoo,com
409-234-3107
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(Culled — 60' Wide R.O.W.) N 8 6 *29152 " E 49.9 6'
61.6'
Top Floor
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"X" Scribed in Concrete Found A
I I S 8 6 020'40 " W 74.87'
Calder Avenue (Coiled — 75.00')
(Cellcd -- 60' Vi1de R.O.W.)
Notes:
1. This survey was completed and Ws plot was prepared without the benefit of a Title Commitment.
2. This property has direct access to and from o publicly ded;cated roadway unless shown otherwise, hereon.
J. All bearings indicated hereon are based on the Stote Plane Coordinate values —
South Central Zone 4204 (NAD 83).
4. According to FEMAs Flood Insuronce Mop Panel NmLer 4854570035 C dated 0810612002, the subject area
appears to be located in Flood Zone "X". Flood Zone loco? on is based on ir-noyery only and the surveyor
does not subscribe to the occuracy of said location.
Mitchell I.ce Brackin, Texas Reg+stered Professional Land Surveyor No. 5163, do hereby certify that I have
made c7 survey on the ground of the property legally described hereon. Survey Dated. September 8, 2023.
0 F
The subject tract beTny described cis:
inf q 91 and East half of Lot 20 of Mitchell Lee Brackin
Block 21 of the Averill Addition of record 6t,6 516 3
in Volume Page 131—132 of the Map �O F Lr S Sxot'-- 0
Reciords Jefferson County, Texas. -
of
S 0
Mitchell Lee Brar-kin
Drown BY BTG
Registered Professional Land Surveyor No. 5163
Q-.\PROJECTS\23003 — J� Jscellaneous Survoys\23003,01013 — 2360 Colder Avenue \Dria-�wings\23OD3,0109—SV—(31)RY.dwg Sep 08, 2023 013.51cm
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PROJECT NAME: Narn Nguyen
S1
G=uf1i,W FaW&mm and Land ffimv)ws
2360 Calder Avenue
1405 CORN ERSTON E CO U RT, 8 EAU MONT, TE XAS
1
Beaurnnont, Texas 77702
PROJECT NO.
PH (409) 832-7238 FAX (409) 632-7303
T.B.P.E. FIRM #1160 * T.X-L.S. FIRKI 4100186
9 COPYRIGHT 2023 FlTrZ & SHIPMAN, INC. DATE: Sep 08, 2023
1 23003,0109
PZ202 -187: Request for a Specific Use Permit to allow a rooming and boarding house in an GC -MD tN
(General Commercial - Multiple Family Dwelling) and R R-H (Residential Conservation Revitalization
Hi toric) zoning district.
�pplicant-. Justus Washington
Location: 2360 Calder Avenue
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DATE: July 2Z.2O24
TO: Planning Commission and City Council
FROM: Dem! Engman, Director of Planning and Community Development
S.j8U[C_: To consider proposed amendments to Chapter 28. Section 28.04.008/b\/19\ of
the Code ofOrdinances.
FILE: P22024-198
STAFF REPORT
Staff requests to amend Section 28-04.008(b)(19) of the City's Code of Ordinances to reduce the
requirement of24-hoursupervision toresidential care uses. Atthis time, section
28.04.008(N/19\/D\st ate s, ""A facility m ustpro vide twen ty-fo ur(24) hour on -sl te s up ervislon of
its residents orclients° While some residential care uses may necessitate supervision, it should
benoted that some residential care uses donot. The requirement ofsupervision may 1rnpede
the process ofoperations oreven terminate feasibility ofaproject forneededcornnnun|tv
services due tocostand other necessary resources.
Staff brecommending the following amendment that will allow the Director toexamine the
necessity ofZ4-hoursupervision eaitrelates tothe use and criminal history ofaproperty rather
than itbeing arequirement for all uses categorized asresidential care.
(D) Afacility +naeA provide
Exhibits are attached
INTER -OFFICE MEMORANDUM
City of Beaumont, Texas
Date: J u ly 8, 2024
To: Planning Commission and City Council
From: Deml Engman, Director of Planning & Community Development
Subject: Amendment of Section 28.04,008(b)(19) of the City' s Code of Ordinances
Dear Commission and Council,
Planning staff requests to amend Section 28.04.008(b)(19) of the City"s Code of Ordinances to
alleviate the requirement of 24-hour supervision for uses categorized as residential care. Section
28.04.008(b)(19)(D) states, "A facility must provide twenty-four (24) hour on -site supervision of its
residents or clients." While some uses may necessitate supervision, it should be noted that sore
residential care uses do not. The requirement of supervision may impede the process of operations or
eliminate feasibility of a project for a needed community resource due to cost.
Planning staff requests to amend Section 28.04.008(b)(19)(D) to read, "Afacility may be required by
the Community Development Director to provide twenty-four (24) hour on -site supervision of its residents
or clients on the basis of its necessity or history of criminal activity associated with the proposed
location." Approval of this amendment will allow the Community Development Director to examine the
necessity of 24-hour SLIpervision as it relates to the use and criminal history of a property rather than it
being a requirement for all uses categorized as residential care.
Sincerely,
Derni Engman
Director of Planning & Community Development
409-785-4750
Demi.engman @beaumorittexas, gov
Thefollowing Code does not disl)lay nnages or coinplicatedforinatLing. Codes should be vieli)ed online. This
tool is only ineantfor editing.
§ 28.04.008 Special conditions.
(a) General. The following sections describe the special conditions under which certain uses are permitted
in a zoning district when reference is made to one or more, of said sections in the chapter. A building
permit or certificate of occupancy shall not be issued for any permitted use with "special conditions"
until all of the required conditions have been net.
cb Special conditions by use.
(1) Cluster housing developments. Cluster housing developments shall meet each of the following
conditions:
(A) Area. The site shall contain two (2) or more acres of land.
(B) Density. The minimum average net land area per dwelling unit shall be governed by section
28.03.024(b), but shall not include public and private streets in the development.
(C) Yards. A minimum ten (10) foot yard or open space area shall be required ftom all public street rights -
of -way and from the boundary of the development. A minimum and of ten (10) feet shall be established
between all unattached dwellings.
(D) Lot area and yards. Individual lots are exempt fi-om the minimum lot area and yard regulations
otherwise imposed in this chapter.
(E) Common open space. There shall be a minimum of one thousand (1,000) square feet of usable common
open space per dwelling unit in the development. Common open space must be usable for recreational
activities and must be assembled in contiguous areas of not less than ten thousand (10,000) square feet.
(F) Final plat. A recorded final plat covering all the area of a cluster housing development shall be required
before a building permit shall be issued.
(G) Development phases. A description of planned development phases shall be, included in the application
for and made a part of the approval of the final plat for cluster housing development. Each scheduled
phase of development shall include a reasonable proportion of required conunon open space.
(H) Co -owners' association and assessments. A co-owner association or other legal entity shall be created to
provide for the retention and perpetual maintenance of all common open space, private utilities, and
private streets and approved by the city attorney. There shall be a declaration creating an association of
co -owners, whether called by that name or any other, the membership of which shall be composed of all
owners of lots or other units within the perimeter of the development. Voting within the association may
be weighted in any manner, except that provision shall be made that upon the conveyance of all lots or
other units by the applicant of the permit, each owner of each lot or other unit shall have an equal vote.
The word "owner" shall mean the record owner.,, whether one or more persons or other unit which is a
part of the devclopmcnt, including sellers under contract for deed, but excluding those having such
interest as a security for the performance of an obligation. There shall be a declaration that each owner
of a lot or other unit sliall, by acceptance of a deed therefor, whether expressly stated in such deed or
not be deemed to covenant and agree to pay to the, association the following minimum assessments and
maintenance fees.
(i) Private street maintenance. An assessment for ordinary maintenance and also a special assessment for
capital improvements and extraordinary maintenance and repair of all private streets within the
development. The word "street" as used in this subsection shall mean all paved or unpaved roads open
to all owners of the development, so designated on the plat of the development, as distinguished from
private driveways leading into one or more lots or other units.
01) Utility, water and sewer assessments. A monthly assessment for each owner's pro rata. shares of the
monthly utilities which may be, metered or sold to the development as a unit; provided, however, that in
the event one or more utilities are not provided to all owners within the development, the declaration
may provide for a pro rata assessment as between those owners actually serviced by the utility, only. In
addition to the monthly assessment herein above provided, there shall be declared provisions for special
assessments for ordinary maintenance and repair, as well as a special assessment for extraordinary
maintenance and repair, as well as capital improvements for, all sewage collection systems and water
lines shared in con-imon by, and servicing in common, all owners within the development, as
distinguished from lines which serve only one or inore units. Declarant may choose to dedicate water
and sewer easements for water and sewer collection systems shared in common by all owners of the
development that are within the perimeter of the development to the public, and, providing such
dedication is accepted by the City, no assessment for the, maintenance of water and sewer collection
systems shared in common by the owners of said development shall be required.
Gfi) Maintenance of common open space. The applicant shall also submit a scheme, subject to the approval
of the city council, for assuring continued retention and perpetual maintenance of common green areas
for as long a time as the development exists. The approved documents embodying restrictive covenants,
deed restrictions or other methods of giving such assurance shall be filed for record in the county clerk's
office at such times as the planning cone mission or the city council directs.
(2) Adult entertainment uses. The following special conditions and regulations. shall apply for adult
entertai=ent uses without regard to whether the adult entertainment use is a primary or accessory use.
Adult entertainment uses are those which exclude minors by virtue of age Under the state, penal Code
unless such minor is accompanied by a consenting parent, guardian, or spouse and shall include but not
be limited to, ad -Lilt inotion picture theaters, massage parlors, nude modeling studios, nude photography
studios., adult bookstores, or eating and drinking establishments which have sexually oriented
entertaim,nent such as go-go dancers, exotic dancers, strippers, or other similar entertainers.
(A) An ad -Lilt entertai=ent use shall not be established or expanded within one thousand five hundred
(1,500) feet of any dwelling.
(B) An adult entertainment use shall not be established or expanded within three hundred (300) feet of any
other adult entertainment use, bar, pool hall, or liquor store.
(C) An adult entertainment use shall not be established or expanded within one thousand five hundred
(1,500) feet of a church, child care facility, school, hospital, public building, or public park.
(D) The method of measuring the distance -bctween an adult entertainment use and another adult
entertainment use or any other use shall be from nearest property line to ncarest property line of said
uses.
(E) Eating places (SIC 5812) and drinking places (SIC 5813) that have adult entertainment mid videotape
rental (SIC 7841) that rents adult videotapes shall not be allowed in the RCR, NC, DISC, GC -MD and
GC-MD-2 Districts.
(3) Swimming pool. Exception for private rcereation facilities under subsection (8) below.
(A) If located in any residential zoning district, the pool. shall be intended and used solely for the enjoyment
of the occupants of the principal use of the property on which it is lc catcd and their guests.
(B) A pool may be located anywhere on a premises except in the required front yard, provided that the pool
shall not be located closer than five (5) feet to any property line of the propefty on which located.
(C) The swiniming pool shall be enclosed by a wall or fence six (6) feet in height with locking gates.
(4) Mobile home. A mobile home shall be permitted only in a mobile home park or a mobile home
subdivision or as a single-family use for security caretaker housing on property and facilities used as a
governmental or public school district use through aspecific use permit.
(5) Garage apartments. Garage apartments that are occupied by members of the family of the occupant of
the principal dwelling and that meet all yard, open space, and off-street parking requirements that are
permitted.
(6) Servant's or caretaker's quarters. Accessory dwellings are permitted only if located in the rear of a
principal building on the same lot and only if conforming with all the yard, open space, and off-street
0
parking requirements.
(7) Accessoi-y bifildings. An accessory building may be erected as an integral part of the principal building
or erected detached from the principal building and it may be connected by a breezeway or similar
structure. An accessory building attached to the main building shall be made structurally a part and have
a common wall with the principle building and shall comply in all respects with the requirements of this
chapter applicable to the main building. When a property owner owns two adjacent lots and wishes to
erect an accessory building on the lot that does not contain a main building, the accessory building must
straddle the adjoining lot line. Any utility service to an accessory building shall not be serviced from the
main building. No separate utility meter will be allowed on an accessory building.
(8) Private recreation facility. Private recreation facilities in residential districts shall for multifamily
developments, subdivisions, or homeowners' associations be restricted to use by the occupants of the
residence and their guests, or by inembcrs of a club or homeowners' association and their guests, and
shall be limited to such uses as swimming pools, open game fields, basketball, shuffleboard, racquet
ball, croquet, and tennis courts, and meeting or locker rooms. Private recreation facilities shall not be
located within twenty-five (25) feet of any street right-of-way or within ten (10) feet of any abutting
property line. Activity aroas shall be fenced and screened from abutting, properties. Dispensing of food
and beverages shall be permitted on the. premises only for the benefit of users of the recreation facility
and not for the general public. Off-street parking shall be required on the basis of each four thousand
(4,000) square feet of area devoted to recreational use with a juinimum of our (4) spaces and a
maxis um of twenty (20) spaces.
(9) Auto repair garage. Automobile repairing, painting, upholstering, and body and fender work shall be
performed only under the following conditions:
(A) All body and fender repairing shall be clone within a completely enclosed building or room with
stationary windows that may be opened only at intervals necessai-y for ingress and egress;
(B) No spray painting may be done except in a building or room specially designed for that purpose;
(C) All other auto repairing, etc., shall be conducted within a building enclosed on at least three(3) sides.
(10) Temporat-y batching facility. Before a sp eci fie use permit may be granted for a temporary batching
facility.,, the city council shall find that such batching Plant, yard, or building is both incidental to and
necessary for construction within two (2) miles of the plant. A specific use permit may be granted for a
period of not more than one hundred and eighty (180) days, and approval shall not be granted for the
same location for more than four (4) spccific use permits during any thirty (30) month period. Within
thirty (30) days following the termination of any batching plant, the permittee shall cause the site to be
returned to its original condition.
1) Restaurant. The salt of alcoholic beveragcs shall be peri-nissible only as an adjunct, minor, and
incidental use to the primai-y use which is the sale and service of d at
foounless the restaurant is locate in
a district which permits drinking places as a use of right.
(12) Offices. Office development in the OP, office park district, shall be subject to the following additional
supplemental conditions:
(A) A minimum ten (10) foot landscaped open space buffer strip shall be provided along any property line
which abuts a residential zoning district.
(B) A minimum twenty-five (25) foot landscaped open space area shall be provided in the required front
yard and also in the side yard if the property is a comer lot.
(C) No parking spaces shall be located in the minimum. front yard or side yard if the propeity is a corner lot,
and driveways shall provide direct access to any parking areas.
(D) All lighting shall be so situated as not to reflect light on any residential property.
(Eq Building site coverage consisting of all buildings and structures and all paved surfaces shall not exceed
ninety (90) percent of the total lot area.
(F) Storefront, show window, or display window effects shall not be permitted and there, shall be no display
from windows or doors and no storage of merchandise in the building or on the premises except in
quantities customarily found in a professional or business office.
(13) Renting equipment. Special use permits are not requircd for the rental of equipment in a zoning district
that permits the sale of the equipment as a right.
(14) Accessory p arking. Acce ss or-y p arking of vehicles with inore than two (2) axles or that have a rated
I shall carrying capacity in excess oft wo (2) tons, other than recreational vehicles, sh I not be allowed in
residential zoning districts.
(15) Storage limitations. In a GC -MD district a towing sei-vice shall only be permitted to store no more than
ten (10) vehicles on the lot or premiscs on which it is located as a use of right. Storage of more than ten
(10 vehicles shall be permitted only with a specific use permit.
(16) Heliports and helistops. Helipoi-ts and helistops, as defined in section 28.01.004(b), are subject to the
requirements of article 14.02, division 2 of the City Code of Ordinances.
(17) VeterinaiT services. Veterinary services and clinics in RCR, NC, NSC, GC -MD, GCMD-2. and CBI
districts shall be limited to the care of household pets and shall not provide overnight kennel services,
except on a medical emergency basis. Overnight kennels and veterinary services not limited to
household pets may be allowed in CMD, GC-MD-2 and CB D districts with ca specific use permit.
Veterinary services for animal specialties (SIC 0742) may be permitted as an accessory use to existing
keDnels (SIC 0752) with a specific use permit.
(18) Permitted land uses. The land uses listed under SIC Group Number 20 through 26, 30 through 32, 34,
355 37 and 44 shall be permitted within the GC -MD, CBI Lind C-M Zoning Districts if.- (i) granted a
specific use permit and it it complies with the following conditions:
(A) All business -related activities, including storage of materials and equipment, shall be conducted within a
completely enclosed structure. I
(B) All lighting shall be situated so as not to cast or reflect light on any residential property.
(C) A traffic circulation plan showing all parking, drives, loading unloading areas, and curb cuts, and truck
routes shall be submitted to the city engineer for approval. The city engineer may, as a condition of
approval of the traffic circulation plan, restrict the size of trucks parked on the site or involved in
deliveries and pickup. The city engineer -may also designate or restrict truck routes.
(D) The maximum gross floor area for any lot or premises shall be five thousand (5,000 square feet.
(H) Signs shall comply with the sign requirements for the NC, neighborhood commercial district.
(F) Industrial performance standards, as specified in section 28.04.007, will be applicable.
(G) Subsection (t8) shall not apply to temporary batching plants (SIC 295 and SIC 3273) and permanent
batching plants (SIC 353).
(19 Residential care uses. Compliance with the following conditions is required:
(A) At least fifteen (15 days prior to the issuance of a building permit and/or a certificate of occupancy,
written documentation must be submitted to the building official outlining the type, size, location,
characteristics, and proposed activities of the facility. The names, addresses, and phone numbers of the
operators, general operation information, a site plan, and a list of the licenses and grants the facility will
operate under must also be submitted.
(B) The owners of property within two hundred (200) feet of the proposed facility's property lilies must
receive a written notice of compliance with this chapter no less than ten (10 days prior to the issuance
of the building permit and/or the certificate of occupancy. The notice will contain a copy of the written
documentation submitted to the building official as required in subsection (19)(A). A processing fee of
one hundred twenty-five dollars ($125.00) shall be paid to the city.
P A facility mijst be licensed, certified, or accredited by an agency of the county, state or federal
tificate of occupancy. Approval of a
goverim'ient prior to providing services and the issuance of a cei
specific use permit by city council may be used in lieu of a license..
(D) A facility mus may be re tiered by the Community Develooment Director to provide twenty-four (24)
hour on -site supervision of its residents or clients on the basis of necessity or history of criminal actively
associated with thevroposed location.
(E) A facility must comply with the following densities:
Zoning District Minimum Square Feet of Lot Area Per Resident
RMM goo
RMH 500
RCR 500
GC -MD 500
GC-MD-2 500
CBD No miniinum as determined by specific use permit
PUD
(F) A signmeasuring not less than ledger (eleven (11) inches by seventeen (17) inches) in size will be
posted in the public right-of-way adjacent to the proposed facility's location not less than ten (10) days
prior to the issuance of a building permit. The sign will state the type of land use and the name, address,
and phone number of the agent or agency responsible for the proposed facility.
(20) Storage of plastic and rubber material. The storage of plastic and rubber material within the city limits
shall meet the following conditions:
A-) The warehouse shall be limited to a one-story structure with a height limit of fort --five (45) feet.
(B) The warehouse shall be located on a lot of no less than ten thousand (10,000) square feet in area.
(C) 'Fhe building setbacks shall be a minim -Lim of twenty (20) feet ftorn any and all lot lines or as listed on
the area and height regulations tables, section 28.03.024(b)2, and 3, whichever is greater.
(D) The regulations of the fire code shall be complied with.
(21) Garage sales area permitted use in all the residential zoning districts provided the following conditions
are complied with:
(A) A garage sale shall not be for more than three (3) continuous days-,
(B) No more than two (2) garage sales per calendar year per premises shall be allowed;
(C) Hours of operation shall be limited from sunrise to sunset;
(D) No merchandise shall be displayed or placed on the public right-of-way; and
(E) Only one unlit sign, no larger than six (6) square feet, and set off of the public right-of-way shall be
allowed.
(F) Garage sales conducted out of a dwelling unit are exempt from the parking rcquirements.
(22) Bed and breakfast facility.
(A) General Purpose and description. The establishment of bed and breakfast facilities has been found to not
only provide an alternative type of lodging for visitors to the city, but the income for such facility
provides incentives for maintaining the city older homes. This subsection is enacted on the basis of the
public policy that suppoils the city as a tourist destination of persons interested in the architectural and
historic significance of the city's older residential structures. This subsection focuses on the need to
provide an incentive for owners of the city's older homes to continue occupancy and maintenance of
historic structures.
(B) Definition. An owner -occupied private home built prior to 1950 and located within an historic district or
awarded an HC-L designation and/or of historic significance which offers lodging for paying guests,
which sei-ves food to only those guests and which allows for limited social ftinctions as regulated in this
subsection.
(C) Special regulations for bed and breakfast facilities.
(i) Structure. The bed and breakfast facility shall be operated within the principal structure and not in any
accessory structure. The owner shall live in the main structure. The structure to be used as a bed and
breakfast facility shall have been constructed prior to 1950 and be located in a historical district or
awarded an HC-L designation and/or of historic significance.
(ii) Specific use permit required.
a. A specific use permit granted by city council is required for the establish-ti'ient of a bed and breakfast
facility, the granting of which is provided for in the City Code of Ordinances, section 28.02-008.
b. An application for a specific use permit shall be filed with the director of planning, who shall prepare a
report. for review by the plamaing commission and city council.
C. Issuance of a specific use perr it. by the city council, after recormaiendation by the plamiing conm-iission,
is conditioned on whether the proposed bed and breakfast facility will be compatible with and will not
adversely affect or be materially detrimental to adjacent uses, residents and buildings or structures.
d . The specific use permit for a bed and breakfast facility shall expire once the applicant ceases to occupy
the premises. Any subsequent occupant must apply for and be granted a new specific use permit prior to
the continuation of use of the premises as a bed and breakfast facility.
(iii) Size. A bed and breakfast facility shall not be less than two thousand five hundred (2,500) square feet in
floor area.
(i) Number of guest rooms. A maximun-i number of five (5) guest rooms is allowed.
(v) Management. The facility shall be owner occupied.
(vi Length of stay. Maximum length of stay is limited to fourteen (14) consecutive days in any thirty (30)
day period of time. The resident owner shall keep a current guest register including names, addresses,
and dates of occupancy of all guests.
(vil) Signage. Signs shall be permitted upon approval of a building permit by the chief building inspector and
in accordance with the City Code of Ordinances, section 28.04.003. In those zoning districts that
prohibit signs, a nameplate, not to exceed two (2) square feet in size shall be permitted. The nameplate
shall be no-nilluminated and shall be attached either to the structure or to the fence surrounding the
propefty. The nameplate shall be compatible with the style and detailing of the house.
(viii)Parking. One (1) off-street parking space per guest room and for the owner is required. The maximum
number of permitted spaces shall not exceed seven ('). The front yard shall not be used for off-street
park,ing. All off-street parking must be screened from the street and ftom adjacent lots containing
residential uses. Screening fi-om the street and adjacent lots containing residential uses must comply
with the standards established in the City Code, of Ordinances, section 28.04.006.
(ix) Additions and alterations. No exterior additions or alterations shall be. made for the express purpose of
maintaining or adding to a bed and breakfast facility, other than those required to meet health, safety,
and sanitation requirements. Minimal outward modification of the structure or grounds may be made if
such changes are deemed compatible with the character of the area or neighborhood. Such alterations
and additions must meet all zoning standards and building code requirements and must be approved by
the historic landmark commission (when such property is located in a historic district, awarded an HC-L
designation and/or of historic, significance).
(x) Other uses.
a. The sale and/or display of merchandise or other commodities is prohibited.
b. Weddings, receptions, luncheons, cocktail parties, or any other such function for which the owner
receives payment for the use of the facility, and which is not a function for the personal use of the
owlier, their friends or relatives, may be allowed if sufficient off-street or satellite parking is provided
and documented. The number of functions shall not exceed twenty-four (24) events per year nor more
than two (2) events per month. The planiii ng division is to be notified of the functions taking place.
Notification shall be filed with the plaiming di -vision on a quarterly basis, indicating the type of function,
the date, and the number of guests. The city council may restrict the number of social events based upon
neighborhood compatibility, lack of parking facilities, traffic generation, and/or traffic capacity of
surrounding streets.
(xi) Health, fire and building considerations. All bed and breakfast facilities shall meet all applicable local
and state regulations.
(23) In GC -MD, SIC Group Number 15, 16, and 17 are permitted by right if there is no fabrication or outside
storage or repair.
(24) Cellular telephone transmission towers shall be prohibited within two hundred (too) feet of a
residentially zoned property. The method of measuring the distance between the cellular telephone
transmission tower and the residential zoning district shall be from the nearest lease or property line of
the cellular telephone transmission tower facility to the nearest residential district boundary.
(25) Temporary portable storage containers may be located as a temporary stricture on ro eity witbin the
city for a period of no more than thirty (30) days. No more than two (2) temporary portable storage
containers may be located on a specific piece of property within the City at any one time. Such
specific property more than two (2) times in any given
to ora mpry container shall not be. located on a specif
thirty (30) calendar day period. Such temporaiy container shall be located no closer than five (5) feet to
the propefty line unless placed on an existing impervious driveway. No container shall be placed on
public right-of-way. Such container shall not exceed eight (8) feet in height, eight (8) feet in width or
twenty (20) feet in length. No advertising other than the name of the company, its phone number, and its
website shall appear on the container. It shall be the obligation of the owner or user of such temporary
container to secure it in a manner that does not endanger the safety of persons or property in the vicinity
of the temporary container. In the event of high winds or other inclement weather conditions in which
such structure. may become a physical danger to poisons or property, the appropriate code enforcement
officer(s) may require the inimediate removal of such temporary container. In the event of fire,
hurricane,, or natural disaster causing substantial damage to the dwelling structure., the property owner
may apply to the plamling manager for permission to extend the time that a portable on demand storage
container may be located as a temporary sti-Licture on the property. Extensions shall be for periods of
thirty (30) days with no more than two (2) grants of extensions allowed.
(26) On undeveloped property in a GC -MD district, the parking of commercial vehicles with more than two
(2) axles or that have a rated carrying capacity in excess of two (2) tons shall require the granting of a
specific use permit.
(27) Single-family or duplex industrialized housing must have all local permits and licenses that are
applicable to other single-family or duplex dwellings. Any industrial housing shall:
(A) Have a value equal to or greater than the median taxable value of each single-family dwelling located
within five hundred (500) feet of the lot on which the 'Industrialized housing is proposed to be located,
as determined by the most recent ceilified appraisal for the county. Value shall be defined as the taxable
value of the industrialized housing and lot after installation of the housing;
(B) lave exterior sidiniz, roofing, roof pitch, foundation fascia, and fenestration compatible with the
majority of the single-family dwellings located within five hundred (Soo) feet of the lot on which the
industrialized housing is proposed to be located;
(C) Comply with building setbacks, the subdivision ordinance, and other site requirements applicable to
single-family and duplex dwellings; and
(D) Be securely fixed to a permanent foundation as defined by the city adopted building codes. Permanent
foundation shall inean one of the following:
(1) Pier and beam foundation as designed by a registered professional engineer licensed in the state.
(K) A combination pier and footing as designed by a registered professional engineer licensed in the state.
(iii) A monolithic poured-ill-p lace slab as designed by a registered professional engineer licensed in the
state.
(28) Living in recreational vehicles shall not be permitted except in desigmited recreational vehicle parks.
(29) For the purpose of this section, bottle clubs, which shall be defined as social meeting places where
Y
patrons are served drhiks ftom their own bottles of alcoholic beverages shall be classified under SIC
Group 5813, drinking places. This definition shall not include eating places that sei-ve individuals from
the individual's own bottle or private stock. -
(30) Eighteen (19) wheeler trailers shall not be used as storage units except in the LI and HI districts.
(3 1) Mobile food units shall not be stored in A-R, RS, RM-M, RM-H, RCR, and RCR-H districts.
(Ordinance 81-17, see. I, adopted 3/10/81 - Ordinance 81-58, see. 1, adopted 7/28/8 1; Ordinance 82-109,
sees. 2, 3, adopted 9/14/82; Ordinance 86-89, see. 3, adopted 8/2/86; Ordinance 87-33, see. 2.5 adopted
4/28/87; Ordinance 97-60, see. 2, adopted 7/28/87; Ordinance 87-74, see. 3, adopted 9/22/87; Ordinance 87-
79 see. 1, adopted 10/13/87- Ordinance 87-84, see. 1, adopted 10/27/87; Ordinance 89-10, sec. 1, adopted
2/28/89; Ordinance 99-14, see. 2, adopted 3/7/99; Ordinance. 89-21, see. 2, adopted 4/25/89; Ordinance 92-
63 , see. 3 , adopted 8/25/92; Ordinance 93 -69, see. 3., adopted 11/23/93 - Ordinance 9 8 -7, sec. 11, adopted
2/3/98- Ordinance 02-029, see. 2, adopted 4/23/02; Ordinance 02-058, sec. 1, adopted 8/27/02; Ordinance 05-
0 10, see. 1, adopted I/ 11/0 5 - Ordinance 0 5 - 0 3 4, sec. 2, adopted 3 /3 9/0 5; 1978 Code, sec, 3 0 -3 3; ordinance
07-096, see. 3, adopted 9/25/07; Ordinance 07-124, see. 1, adopted 12/4/07; Ordinance 08-066, see. 3,
adopted 8/26/08; Ordinance 08-097, sec. 2, adopted 11/4/09; Ordinance adopting Code; Ordinance 12-031,
see. 10 , adopted 6/2 6/12; 0 rdinance 12 - 0 74, secs, 10 - 11, adopted 9/25/12; Ordinance 13 - 0 03 , sees. 4-5,,
adopted 1/15/13; Ordinance 11
3-033, see. 2, adopted 6/4/13; Ordinance 21-026 adopted 5/4/2; Ordinance 24-
014 adopted 3/19/2024)