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HomeMy WebLinkAbout07-22-24 PC Minutes * M I N U T E S * JOINT PUBLIC HEARINGS PLANNING COMMISSION CITY COUNCIL City Council Chambers July 22, 2024 A Joint Public Hearing of the Planning Commission and City Council was held on July 22, 2024 and called to order at 3:08 p.m. with the following members present: Commission Members present: Chairman Sina Nejad Commissioner Johnny Beatty Commissioner Hamza Jabbar Commissioner Spencer Jabbia Commissioner Shawn Javed Commissioner Lynda Kay Makin Commissioner Tom Noyola Commissioner Eddie Senigaur Commission Members absent: Commissioner Darius Linton Alternate Commissioner Erika Harris Alternate Commissioner Rogers Sorrell, Jr. Councilmembers present: Mayor Roy West Mayor Pro-Tem A. J. Turner Councilmember Chris Durio Councilmember Randy Feldshcau Councilmember Mike Getz Councilmember Audwin Samuel Also present: Chase Engman, Assistant City Attorney Demi Engman, Director of Planning & Community Development Elayna Luckey, Planner I Susan Smith, Recording Secretary APPROVAL OF MINUTES Commissioner Jabbar moved to approve the minutes of the Joint Public Hearings held on June 17, 2024. Commissioner Noyola seconded the motion. The motion to approve the minutes carried 8:0. 1 $ Planning Commission $$$ July 22, 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 Mrs. Engman presented the 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. Mr. Faust is requesting a Variance to reduce the required right-of-way radius at the cul-de-sac from WZWej!WVVe!&1,o'!e`!R!W`cej!WVVe!&0,o'* Slides of the site plan and subject property were shown. Staff recommended approval with the following conditions: 1. NReVc!^RZ_d!dYR\]\]!SV!Z_deR\]\]VU!hZeYZ_!eYV!-,o!ViT\]fdZgV!hReVc!\]Z_V!VRdV^V_e!`_\]j*!! 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 on the plat. 4. Shall be in compliance with Section 28.04.008(b)(1) Special Conditions, cluster housing developments. 5. The proposed right-of-way radius shall be a minimum of fifty (50) feet and shall be uniform and continuous. Mrs. Engman explained that condition 5 was proposed prior to the receipt of the requested waiver to the cul-de-sac. Therefore, staff recommended should the Commission be in favor of the waiver to reduce the radius of the cul-de-sac, that the Commission approves the request with conditions 1-4, and condition 5 be amended to reflect that it is subject to final review of plans and field inspection by the Fire Department. The applicant was present. Richard Faust of Faust Engineering and Surveying, Inc., 5550 Eastex Freeway, Suite O, Beaumont, Texas addressed the Commission. He stated that the reduction of the right-of-way radius is to accommodate the construction of five (5) townhomes. Mr. Faust further stated that sanitary sewer and water lines will not be affected by the request. He also stated that the pavement width will not change, thus allowing emergency vehicles to maneuver the cul-de- sac. 6$ $ Planning Commission $$$ July 22, 2024 Brief discussion followed concerning specifics of the request. Commissioner Makin moved to approve the request for Preliminary Plat approval of the Wise Retreats at Concord, Beaumont, Jefferson County, Texas, as requested in PZ2024-168, with the following amended conditions: 1. NReVc!^RZ_d!dYR\]\]!SV!Z_deR\]\]VU!hZeYZ_!eYV!-,o!ViT\]fdZgV!hReVc!\]Z_V!VRdV^V_e!`_\]j*!! 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 on the plat. 4. Shall be in compliance with Section 28.04.008(b)(1) Special Conditions, cluster housing developments. 5. The waiver to reduce the cul-de-sac right-of- hRj!Wc`^!1,o!e`!0,o!Z_!cRUZfd!dYR\]\]!SV!dfS\[VTe! to final review of plans and field inspection. Commissioner Senigaur seconded the motion. The motion to approve the request carried 8:0. JOINT PUBLIC HEARINGS Mayor West called the Joint Public Hearings of July 22, 2024 to order at 3:17 p.m. and explained the purpose of the Joint Public Hearing process. Mayor West then turned the meeting over to Chairman Nejad to conduct the Joint Public Hearings. 2) PZ2024-119: Request for a Specific Use Permit to allow a duplex with an RS Residential Single Family Dwelling) zoning district. Applicant: Cornell Price Location: 221 Parkway Drive Mrs. Engman presented the staff report. Cornell Price of Price Homes, is requesting approval of a Specific Use Permit to allow the construction of a duplex at 221 N Parkway Drive. The intent of the project is to provide more housing options to the community and promote infill development of vacant properties. O1G45?8! 7TT`cUZ_X!e`!`fc!9Zejod!9`^acVYV_dZgV!G\]R_!eYV!ac`aVcej!Zd!\]`TReVU!hZeYZ_!eYV! Area Such areas are built up areas which are generally characterized by good to excellent )PO structural conditions and neighborhoods that are free from blighting influences such as incompatible land uses, dilapidated and delict buildings and deteriorated or poor public This =A9E4FGEH6GHE8)!3464AG!C4E68?F!J<=6<!@4L!8K=FG!4E8!:BB7!GB!8K68??8AG!78I8?BC@8AG!F=G8F)P! prehensive Plan of Beaumont. cVbfVde!RaaVRcd!e`!R\]ZX_!hZeY!`fc!9Zejod!9`^ 7$ $ Planning Commission $$$ July 22, 2024 Slides of the site plan and subject property were shown. $ Staff recommended approval of the request with the following conditions: $ 1. Construction plans must meet all requirements by Water Utilities for water and sanitary sewer -treatment and/or dVcgZTVd(!Z_T\]fUZ_X!R_j!cVbfZcV^V_ed!`W!eYV!9Zejod!SRT\\W\]`h(!acV FOG program. 2. Construction plans shall comply with all applicable Fire and Building Code requirements. Twenty-five (25) notices were mailed to property owners within two hundred (200) feet of the subject property. Zero (0) responses were received in favor and zero (0) in opposition. Brief discussion followed concerning ____________________________________________. The applicant was present. Cornell Price of Price Homes, 5610 Old Dowlen Road, Beaumont, Texas addressed the Commission. He stated that he wishes to place more residential spaces within the City. Mr. Price further stated that the duplex will have a single driveway with parking for two cars. The public hearing on this item was opened and closed without comment. Commissioner Jabbar moved to approve the request for a Specific Use Permit to allow a duplex within an RS (Residential Single Family Dwelling) zoning district, as requested in PZ2024-119, with the following conditions: 1. Construction plans must meet all requirements by Water Utilities for water and sanitary -treatment and/or dVhVc!dVcgZTVd(!Z_T\]fUZ_X!R_j!cVbfZcV^V_ed!`W!eYV!9Zejod!SRT\\W\]`h(!acV FOG program. 2. Construction plans shall comply with all applicable Fire and Building Code requirements. Commissioner Senigaur seconded the motion. The motion to approve the request carried 8:0. 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 Mrs. Engman presented the 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 of ordinance staff noted R_!VUZeZ_X!Vcc`c!eYRe!_VVUd!e`!SV!T`ccVTeVU*!KYV!TYR_XV!Zd!^Z_`c!Sj!R^V_UZ_X!eYV!h`cU!mYR_UZTRan! hZeY!mYRcUdYZan(!dY`h_!SV\]`h* 8$ $ Planning Commission $$$ July 22, 2024 (B) 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 handicap hardship" shall mean physical hardship relating to the property itself. The following may also be considered when determining "unnecessary handicap YRcUdYZa6n The proposed correction is in accordance and compliance with H.B 1475. The public hearing on this item as opened and closed without comment. Commissioner Jabbar moved to approve to approve the proposed amendments to Chapter 28, Section 28.02.005(3)(B) of the Code of Ordinances, as requested in PZ2024-123. Commissioner Senigaur seconded the motion. The motion to approve the request carried 8:0. 4) PZ2024-169: Request for a Specific Use Permit to allow a recreational vehicle resort within an LI (Light Industrial) zoning district. Applicant: Justin Broussard Location: 6185 Fannett Road Mrs. Engman presented the staff report. 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, 8:00 am to 8:00 pm, with designated quiet hours of 10:00 pm to 7:00 am. The developments amenities will include a playground for children, a designated dog park for pets, an office club house, a recreational game room, and laundry facilities for guest of the park. GVc!`fc!9Zejod!9`^acVYV_dZgV!G\]R_(!eYV!ac`a`dVU!UVgV\]`a^V_e!Zd!T`_dZUVcVU!e`!SV!\]`TReVU!Z_!eYV! Contemporary Neighborhood design concept. This model allows for a diversity of housing types and convenient access to parks, 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. Slides of the site plan and subject property were shown. Planning staff recommended approval of this request with the following conditions: 1. JYR\]\]!SV!Z_!T`^a\]ZR_TV!hZeY!JVTeZ`_!.0*,2*,,4!DZ_Z^f^!deR_URcUd!W`c!ejaV!m9n! recreational vehicle park. 2. Shall be in compliance with Section 28.04.006 Landscaping and screening requirements. 3. Shall provide directional lighting to reflect away from the surrounding residential properties. 9$ $ Planning Commission $$$ July 22, 2024 4. 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 Section 24.05 `W!eYV!9Zej!`W!8VRf^`_eod!T`UV!`W!`cUZ_R_TVd(!W`c!W\]``U!UR^RXV!acVgV_eZ`_*! 5. Construction plans must meet all requirements by Water Utilities for any water and sanitary improvements, including any requirements of -treatment and/or eYV!9Zejod!SRT\\W\]`h(!acV 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. JYR\]\]!Z_deR\]\]!R!1o!dZUVhR\]\\!R\]`_X!=R__Vee!I`RU(!VZeYVc!Z_!acZgReV!ac`aVcej(!`c!hZeYZ_!KO:FK! right-of-way with applicable TXDOT permits. Four (4) notices were mailed to property owners within two hundred (200) feet of the subject property. Zero (0) responses were received in favor and zero (0) in opposition. The applicant was present. Justin Broussard, 2741 Maxroy Street, Houston, Texas addressed the Commission. He stated that he is partnering with an Engineer and Architect in order to comply with City requirements. Mr. Broussard further stated that owns several apartment complexes and duplexes. He also stated that he owns the property and this is his first RV park commercial development. The applicant approves of the conditions recommended by staff. The public hearing on this item was opened and closed without comment. Commissioner Senigaur moved to approve the request for a Specific Use Permit to allow a recreational vehicle resort within an LI (Light Industrial) zoning district, as requested in PZ2024- 169, with the following conditions: 1. JYR\]\]!SV!Z_!T`^a\]ZR_TV!hZeY!JVTeZ`_!.0*,2*,,4!DZ_Z^f^!deR_URcUd!W`c!ejaV!m9n! recreational vehicle park. 2. Shall be in compliance with Section 28.04.006 Landscaping and screening requirements. 3. Shall provide directional lighting to reflect away from the surrounding residential properties. 4. 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 Section 24.05 `W!eYV!9Zej!`W!8VRf^`_eod!T`UV!`W!`cUZ_R_TVd(!W`c!W\]``U!UR^RXV!acVgV_eZ`_*! :$ $ Planning Commission $$$ July 22, 2024 5. Construction plans must meet all requirements by Water Utilities for any water and sanitary -treatment and/or Z^ac`gV^V_ed(!Z_T\]fUZ_X!R_j!cVbfZcV^V_ed!`W!eYV!9Zejod!SRT\\W\]`h(!acV 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. JYR\]\]!Z_deR\]\]!R!1o!dZUVhR\]\\!R\]`_X!=R__Vee!I`RU(!VZeYVc!Z_!acZgReV!ac`aVcej(!`c!hZeYZ_!KO:FK! right-of-way with applicable TXDOT permits. Commissioner Javed seconded the motion. The motion to approve the request carried 8:0. 5) PZ2024-173: Request for a Rezone from R-S (Residential Single-Family Dwelling) zoning district to GC-MD (General Commercial-Multiple Family Dwelling) or a more restrictive zoning district. Applicant: Elizabeth Simmons Location: 5210 Concord Road Mrs. Engman presented the staff report. Elizabeth Simmons is requesting approval of a Rezone from R-S (Residential Single-Family Dwelling) to GC-MD (General Commercial Multiple- l Family Dwelling) or a 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 to rezone the property to commercial zoning as they feel it would be easier to find a commercial tenant post Concord expansion. KYZd!cVbfVde(!ZW!XcR_eVU(!^Rj!cVdf\]e!Z_!R!mda`en!k`_V!`W!YZXY!UV_dZej!fdVd!Z_!R!dZ_X\]V!WR^Z\]j! residential area. The application is not in compliance with the Comprehensive plan of Beaumont and may be a violation of Chapter 211 of the Local Government Code. Texas Municipal Law O,!C=868@84?!MBA=A:!4@8A7@8AG!G<4G!4E5=GE4E=?L!F=A:?8F!BHG!4!F@4??!GE46G! UVWZ_Vd!mda`e!k`_Z_Xn!Rd(! n a way that is substantially inconsistent with the 9BE!FC86=4?!GE84G@8AGN!/BGF!G<4G!4E8!E8MBA87!= zoning of the surrounding area, whether more or less restrictive, are likely to be invalid n** 7TT`cUZ_X!e`!eYV!9`^acVYV_dZgV!G\]R_!eYV!ac`aVcej!Zd!\]`TReVU!hZeYZ_!R!mJeRS\]V!7cVRn*!JeRS\]V!7cVRd! are erized by good to excellent structural conditions and neighborhoods that are free from O6<4E46G blighting influences, such as incompatible land uses, dilapidated buildings and a deteriorated or poor public infrastructure. Vacant parcels which may exist are good to excellent development sites. n! Slides of the site plan and subject property were shown. <$ $ Planning Commission $$$ July 22, 2024 Staff recommended denial of this request. Nineteen (19) notices were mailed to property owners within two hundred (200) feet of the subject property. Zero (0) responses were received in favor and zero (0) in opposition. The applicant was present. Elizabeth Simmons, 5220 Roberts Road, Beaumont, Texas addressed the Commission. She stated that she has owned the property for many years and it will be used as office space. Ms. Simmons further stated the property was last rented seven (7) years ago as a residence. She also stated that she may need to apply for a Specific Use Permit rather than a request for Rezoning. Brief discussion followed concerning the permitting options available and specifics of the request in relation to applying for a Specific Use Permit as opposed to a request for Rezoning. The public hearing on this item was opened and closed without comment. Commissioner Jabbar moved to deny the request for a Rezone from an R-S (Residential Single Family Dwelling) zoning district to GC-MD (General Commercial-Multiple Family Dwelling) or a more restrictive zoning district, as requested in PZ2024-173. Commissioner Javed seconded the motion. The motion to deny the request carried 8:0. 6) PZ2024-176: Request for an Amended Specific Use Permit to allow a mortuary and crematory in an RCR (Residential Conservation Revitalization) zoning district. Applicant: Larissa Payton Location: 3510 Sarah Street Mrs. Engman presented the staff report. Larissa Payton, on behalf of Andre Comeaux, is requesting an amended Specific Use Permit to allow a mortuary and crematory at 3510 Sarah Street. The request received an approved 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 Council. 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 9:00 am to 5:00 pm, where they will offer a variety of funeral planning services, pre-planning services and grief counseling. Slides of the site plan and subject property were shown. Staff recommended approval of the request with the following conditions: 1. Construction plans must meet all requirements by Water Utilities for water and sanitary -treatment and/or dVhVc!dVcgZTVd(!Z_T\]fUZ_X!R_j!cVbfZcV^V_ed!`W!eYV!9Zejod!SRT\\W\]`h(!acV FOG program. =$ $ Planning Commission $$$ July 22, 2024 2. Construction plans shall comply with all applicable Fire and Building Code requirements. 3. Shall be in strict compliance with all applicable State laws. Seventeen (17) notices were mailed to property owners within two hundred (200) feet of the subject property. Zero (0) responses were received in favor and zero (0) in opposition. The applicant was present. Larissa Payton, 5290 Gail Drive, Beaumont, Texas addressed the Commission. She stated that the request is to develop two buildings rather than one building, as previously requested, in order to separate embalming preparation from funeral service tenants located in the chapel. Ms. Payton further stated that construction will begin in September or October, once permits are approved. The applicant approves of the conditions recommended by staff. The public hearing on this item was opened and closed without comment. Commissioner Senigaur moved to approve the request for an Amended Specific Use Permit to allow a mortuary and crematory in an RCR (Residential Conservation Revitalization) zoning district, as requested in PZ2024-176, with the following conditions: 1. Construction plans must meet all requirements by Water Utilities for water and sanitary -treatment and/or dVhVc!dVcgZTVd(!Z_T\]fUZ_X!R_j!cVbfZcV^V_ed!`W!eYV!9Zejod!SRT\\W\]`h(!acV 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. Commissioner Makin seconded the motion. The motion to approve the request carried 8:0. 7) PZ2024-187: Request for a Specific Use Permit to allow a rooming and boarding house in the GC-MD (General Commercial-Multiple Family Dwelling) and RCR- H (Residential Conservation Revitalization-Historic) zoning district. Applicant: Justus Washington Location: 2360 Calder Avenue This item was withdrawn by the applicant. 8) PZ2024-198: To consider proposed amendments to Chapter 28, Section 28.04.008(b)(19)(D) of the Code of Ordinances.. Applicant: City of Beaumont Mrs. Engman presented the staff report. Staff requests to amend Section 28.04.008(b)(19)(D) of -hour supervision to residential care eYV!9Zejod!9`UV!`W!FcUZ_R_TVd!e`!cVUfTV!eYV!cVbfZcV^V_e!`W!.0 uses. At this time, Section 28.04.008(b)(19)(D) states, -four (24) O,!946=?=GL!@HFG!CEBI=78!GJ8AGL hour on-site supervision of its residents or clients. While some residential care uses may P >$ $ Planning Commission $$$ July 22, 2024 necessitate supervision, it should be noted that some residential care uses do not. The requirement of supervision may impede the process of operations or even terminate feasibility of a project for needed community services due to cost and other necessary resources. Staff recommended the following amendment that will allow the Director to examine the necessity of 24-hour supervision 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. (D) A facility must may be required by the Community Development Director to provide O twenty-four 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 )P Mrs. Engman provided the definition of residential care use. She further noted that the request amends on-site supervision and does not omit on-site supervision. Mrs. Engman further noted that the twenty-four (24) hour on-site supervision requirement can become costly for many nonprofit organizations that provide a supporting environment for its residents. Brief discussion followed concerning the Director having the responsibility of making the supervision decision as noted in the requested amendment. Mrs. Engman explained that consideration and proper review would be made by a collaboration of staff members. The idea to table the item to a future meeting date was also discussed. Discussion was also had regarding grandfathering of existing businesses should the amendment legal liability and the applicant vetting process. SV!Raac`gVU(!R\]`_X!hZeY!eYV!9Zejod! The public hearing on this item as opened and closed without comment. Commissioner Senigaur moved to approve the proposed amendment to Chapter 28, Section 28.04.008(b)(19)(D) of the Code of Ordinances, as requested in PZ2024-198. Commissioner Beatty seconded the motion. Commissioner Jabbar moved to add a condition to the proposed amendment. Commissioner Senigaur rescinded the motion to approve. Commissioner Jabbar proposed that a condition be added to read as follows: must may be required by the Community Development Director and staff to provide O,!946=?=GL! twenty-four 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. P Chairman Nejad voiced concern that the proposed condition language duplicates the proposed amendment language that is being recommend by staff. Commissioner Senigaur moved to approve the proposed amendment to Chapter 28, Section 28.04.008(b)(19)(D) of the Code of Ordinances, as requested in PZ2024-198. 54$ $ Planning Commission $$$ July 22, 2024 Commissioner Beatty seconded the motion. The motion to approve the request carried 8:0. OTHER BUSINESS None. THERE BEING NO FURTHER BUSINESS, THE MEETING ADJOURNED AT 3:58 P.M. 55$ $