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Home My WebLink AboutPZ2024-325DATE: November 251, 2024 TO: Planning Commission and City Council FROM: Demi Engman, Director of Planning and Community Development SUBJECT: Consider a request for an Amended Specific Use Permit to allow retail shopping center with restaurants, clothing stores, food shops, beauty salons and professional offices on the GC-MD-2 (General Commercial— Multiple Family Dwelling-2) District portion of the property. FILE: PZ2024'325 STAFF REPORT In February of 2017,the City Council approved eSpecific Use Permit to allow a3T750sqftretail shopping center with 2l6parking spaces. The proposed tenants included retail shopping, offices and restaurants. |nAprii|ofZO23,the developer received anAmended Specific Use Permit to accommodate site layout changes from the original application. Hani Tohme is requesting approval of an Amended Specific Use Permit to allow the construction ofathird driveway boserve the retail shopping center. This driveway will begated and serve asanaccess point for delivery trucks. The submitted site plans show a 5" wide sidewalk to be placed within the Texas Department of Transportation (T7<DOT)r|ght-of-vvay. Planning staff have not received acopy ofapermit issued from TXDOTallowing asidewalk within their r)ght-of-way. Therefore, the applicant and their engaged contractor will beheld responsible toensure development ofthe facility follows the site plan approved bythe Planning Division onMarch l4, 2OZ3,which demonstrated all parts ofthe sidewalk to be installed on private property. Staff recommends approval of the request with the following conditions: 1. Construction plans shall comply with all applicable Building and Fire Code and Z. Construction plans must meet all requirements by Water Utilities for water and sanitary sewer services, including any requirements ofthe Cit/sbackMovv pre-treatment and/or FOG program. 3. Directional lighting shall be installed to reflect away from the residences located off Village Drive, south ofthe proposed development. 4. Shall submit to the Planning Offices written permission from the Texas Department of Transportation (TXDOT) for construction ofathird driveway. Additionally, the 5'wide sidewalk shall be constructed on private property along the front property line, unless the applicant submits to the Planning Offices written permission from TXDOT allowing the sidewalk within their r)ght-of+way. 5. Shall submit an amended site plan to the Building Official prior to construction of the third driveway. 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 13 Responses in Favor Responses in Opposition LEGAL DESCRIPTION FOR ORDINANCE PURPOSES Being Tract 82-Aplat 3P-1H.Williams Survey, Abstract 56, Beaumont, Jefferson County, Texas, u"wA/VC. m CONDITIONS FOR APPROVAL OcSPECIFIC USE PERMIT (SECTION 28-26.E� ZONING ORDINANCE) Application Application Discussion is in is not in in Staff compliance compliance Report l.That the specific use will becompatible with and not injurious totheuseandenjoyment 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 ofsurrounding vacant property; X 3.That adequate utilities, access roads, drainage and other necessary supporting facilities have been orwill beprovided; X 4.The design, |ocatonanda[nangernentofaU driveways and parking spaces provides for the safe and convenient movement ofvehicular and pedestrian traffic without adversely affecting the general public or adjacent developments; x 5.That adequate nuisance prevention measures have been orwill betaken toprevent orcontrol offensive odor, funmes,dust, noise and vibration; X 6.That directional lighting will beprovided soas not bodisturb oradversely affect neighboring properties; X 7.That there are sufficient landscaping and screening ioinsure harmony and compatibility with adjacent property; and, x 8.That the proposed use ]s|naccordance with the Comprehensive Plan. X GENERAL INFORMATION/PUBLIC UTILITIES OWNER: PROPERTY ZONING:EXISTING PROPERTY SIZE: USES: EXISTING LAND FLOOD HAZARD ZONE: SURROUNDING LAND USES: NORTH: Vacant EAST: Residential SOUTH: Commercial WEST: Residential PLAN:COMPREHENSIVE STREETS- an1Tohrnefor Zu|agProperties, LLC. Zu|agProperties, Inc. /MuharnrnedKapedia\ 3IOON.Major Dr\ve G{-MD'2(General Commercial Multiple -Family Dwelling-Z) ~8.G6acres, more orless Under Development X—Area determined tobeoutside the 5OO yearOoodp|a>n. GC -MD (General Commercial Multiple -Family OvveU|np\ RS(Residential Single Family Dwelling) RM-H (Residential Multiple Family —Highest Density) GC-MD-2 Neighborhood Growth Unit Major Drive: Major Arterial with 4 lanes Open ditch, Z4"water line atMajor Drive 54"sanitary sewer line at Major Drive PROPERTY OWNERS NOTIFIED WITHIN 200 FEET SHIPPER I ENNETH E & R BBIE L WESTCHASE PROPERTY HOMEOWNERS SMITH RONALD SMITH GREGORY D R LT ND R'I INH & CINDY ERACE CARL J & MARY JEMENI J SEPH E DELAWARE EXTENSION DEVFLf PMENT MADISH INVESTMENTS LTD ULAG PROPERTIES LLC P & N SANDHAR INVESTMENTS CNA RENTAL MANAGEMENT LLC NA RENTAL MANAGEMENT LLC BEAuMONT Planning & Community Development Case Type: Planning and Zoning Case Sub Type: Specific Use Permit Case #: P72024-325 Location: 3100, N MAJOR DR, BEAUMONT, 77706 Individuals listed on the record: Applicant Han! Tohme 85 Interstate Frontage Rd. Suite 204A Beauniont, TX 77707 Property Owner Zulag Properties, ILLC Missing Address, City, State, or Zip Code in People Case Type: Planning and Zoning Case #: PZ2024-325 as Status: REVIEW Tag Name: AMENDED SUP - allow a 3rd driveway on N Major Drive Initiated On: 10/25/2024 6:31:46PM Horne Phone: Work Phone: Cell Phone: 409-782-9520 E-Mail: toliinehani@yahoo.com Horne Phone: Work Phone: Cell Phone: E-Mail: Page 1 of 3 Printed On: 11/12/2024 BEAuMaNY Planning & Community Development Legal Description H WILLIAMS ABS-56 TR 82-ASP-1 8.660 AC FEE 614 A USE Number of Acres 8.60 Proposed Use Delivery for Shopping Center That the specific use will be The proposed driveway on the south side development will only be compatible with and not injurious to utilized by delivery trucks and will be gated. The driveway will serve the use and enjoyment of other businesses in the shopping center such as professional offices, food property, nor significantly diminish or establishments, nail/hair salons, clothing retail and grocery stores. impair property values within the Any other businesses, will have to receive a separate Specific, Use immediate vicinity Permit. The management team as well as the responsible party of the proposed project will be unequivocally committed to making this location another successful destination that will provide superior quality services for the area. The Project will comply with all the building regulations and safety standards set forth by the City of Beaumont, Drainage District 6 and the Texas Department of Transportation, which already approved the driveway. In addition to providing much needed services/resources and single family properties in the rear of the shopping center, the project will encourage future business growth at various capacities that would help in the social and economic transformation of this area. That the establishment of the specific The objective of this driveway is to eliminate the usage of the main use will not impede the normal and entrance to the shopping center by the delivery trucks. By providing orderly development and improvement a separate entrance to the delivery trucks, it will be safer and easier of surrounding vacant property; for the patrons to enter and leave the shopping area. That adequate utilities, access roads, The proposed development was designed by a licensed Professional drainage and other necessary Engineer registered in the State of Texas. The development has supporting facilities have been or will been permitted by the City of Beaumont, drainage has been approved be provided by DD6 and TXDOT already approved the proposed driveway. Privately owned utilities such as power, gas and Internet companies are already providing services to the project. Utilities are available because when North Major Drive was designed, it was planned for business growth and development such as the one proposed by this project. The design, location and arrangement The development is proposed to be constructed on North Major Drive, of all driveways and parking spaces a highway awned and operated by the Texas Department of provides for the safe and convenient Transportation. The proposed driveway was approved by TXDOT in movement of vehicular and pedestrian order to provide a separate entrance to delivery trucks which will in traffic term provide a safer entrance and exit for patrons of the shopping center. Case Type: Planning and Zoning Page, 2 of 3 Case #- PZ2024-325 Printed On: 11/12/2024 BEAVMC3NT Planning & Community Development That adequate nuisance prevention The proposed driveway will be separated from adjacent properties by measures have been or will be taken a 10 foot landscaping buffer and an 8 foot tall fence. The driveway to prevent or control offensive odor, will be maintained and regulated by the property management team. fumes, dust, noise and vibration Part of their job descriptions, will be monitoring the site for QA/QC of physical appearance and cleanliness. The property management team will ensure that the driveway will be gated and only used by delivery trucks. The development operators will abide by the noise and vibration Ordinances set by the City of Beaumont. That direclional lighting will be The lighting at the proposed development will be designed by an provided so as not to disturb or Electrical Engineer and will meet the City of Beaumont' s Ordinance, adversely affect neighboring guidelines and regulations. All the lighting system at the site will be proper -ties LED with properly designed luminous in order riot to disturb or affect neighboring properties and traffic. The proposed driveway will not add any lighting to the project. That there are sufficient landscaping The proposed development will have the 6' landscape buffer on North and screening to insure harmony and Major Drive and 10 foot wide landscaping buffers on the south and compatibility with adjacent property east side of the property where the proposed driveway will lead. The landscape buffer will separate the shopping center from the existing and proposed residential neighborhoods. In addition, islands/peninsulas will be installed as required by the City of Beaumont Landscaping Ordinance. A I " irrigation water meter with an RIPZ will be used to water all the landscaping. That the proposed use is in The proposed development was designed as per all City of Beaumont accordance with the Comprehensive Codes and Ordinances, as well as the Texas Department of Plan Transportation and Drainage District 6 requirements. The proposed driveway will provide a safer and easier access to the patrons by designating the driveway to delivery trucks. Notes: Case Type: Planning and Zoning Page 3 of 3 Case 4: PZ2024-325 Printed On: 11/12/2024 Property Owner ulag Properties, LLC D eve] oper/Busi ness Owner Mahaniniad kapadia Proposed Project: Truck Delivery Driveway for Shopping C;eater Proposed Project Location: 3 100 North Mai or Drive, Beauniont, Texas 77713 October 15, 2024 We are requesting a Specific Use Permit for an additional track delivery driveway for a shopping center under construction located at 3 100 North Major Drive, Beaumont, Texas 77713. The City Cowicit approved a specific use permit for a shopping center and single-family horde subdivision located at 3 100 North Major Drive. The Texas Depailment of Transportation approved a driveway on the south side of the property. The proposed driveway will be gated and used only by delivery trucks. The proposed driveway will be utilized by delivery trucks to serve the shopping center that is under constrUction and consists of three Structural steel buildings on a reinforced concrete foundation. The buildings will be architecturally attractive with projections and varying elevations, and a 111iXtUre of stucco and stone for the exterior wall cladding. The shopping center will be used for professional offices, food establishments,, nail/hair salons, clothing retail stores and grocery stores. The Owner will manage and operate the shopping center. "I"he shopping centeCs operating hours will be between 5 AM and 11 PM. The shopping center has been permitted by the City of Beaumont with approvals from TXDOT and DD6 and is under construction. The proposed driveway on the south side of the property will separate the delivery trucks from the patron vehicles for a safer traffic flow. This project will contribute to the growth along North Major Drive and will attract more businesses to the area. The shopping center will provide desired services to the area residents. Thatik You so inuch for this, wonderful opportunity. As the owners of ulag Properties, LLC it is our desire to continue developing in the City of Beaumont and be a part of this great community. Looking forward to hearing a positive approval on this proposed driveway. 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Applicant: Hani Tohme Location: 3100 N Major Drive 0 200 Feet