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Home My WebLink About10-21-24 PC Minutes * M I N U T E S * JOINT PUBLIC HEARINGS PLANNING COMMISSION CITY COUNCIL City Council Chambers October 21, 2024 A Joint Public Hearing of the Planning Commission and City Council was held on October 21, 2024 and called to order at 3:15 p.m. with the following members present: Commission Members present: Chairman Sina Nejad Commissioner Johnny Beatty Commissioner Darius Linton Commissioner Tom Noyola Alternate Commissioner Rogers Sorrell, Jr. Commission Members absent: Commissioner Hamza Jabbar Commissioner Spencer Jabbia Commissioner Shawn Javed Commissioner Lynda Kay Makin Commissioner Eddie Senigaur Alternate Commissioner Erika Harris Councilmembers present: Mayor Roy West Councilmember Randy Feldschau Councilmember Mike Getz Councilmember Audwin Samuel Also present: Sharae Reed, City Attorney Demi Engman, Director of Planning & Community Development Elayna Luckey, Planner I Susan Smith, Recording Secretary Kenneth R. Williams, City Manager APPROVAL OF MINUTES Commissioner Noyola moved to approve the minutes of the Joint Public Hearings held on October 4, 2024. Commissioner Sorrell seconded the motion. The motion to approve the minutes carried 5:0. 1 $ Planning Commission $$$ October 21, 2024 REGULAR MEETING 1) PZ2024-281: Request for approval of a sidewalk waiver Applicant: Richard Faust of Faust Engineering and Surveying, Inc. Location: 6510 Calder Avenue Mrs. Engman presented the staff report. Richard Faust of Faust Engineering and Surveying, Inc., is requesting a waiver to the sidewalk requirement for a new commercial development to be located at 6510 Calder Avenue. If the waiver is approved, no sidewalk will be installed along Calder Avenue. G,41!<7-99593!-90!F:9593!/:885??5:9!8-E! ISQbW\]\\!.2*,/*,,0&/'!\]T!bVS!9Wbgla!\]`RW\\O\\QSa!abObSa(! grant a waiver to the sidewalk requirement if the applicant can prove there is an engineering The following engineering reasons were provided in a letter >1-?:9!2:>!9:@!59?@-77593!-!?501C-76&H submitted by the applicant: 1. The placement of a sidewalk will require the ditch to be partially backfilled, reducing the capacity of the ditch. 2. Construction will endanger the underground utility and communications lines within the construction area. 3. Placing an underground storm sewer would not be practical due to the lack of depth available in the ditch and the downstream elevations. with JVS!9Wbgla!J`OTTWQ!<\\UW\\SS`!VOa!`SdWSeSR!bVS!`S_cSab!T\]`!aOWR!aWRSeOZY!eOWdS`!O\\R!Q\]\\Qc`a! the assessment provided by Mr. Faust. Slides of the site plan and subject property were shown. Staff recommended approval of the request. $ he applicant was present. Richard Faust of Faust Engineering and Surveying, Inc., 5550 Eastex Y Freeway, Suite O, Beaumont, Texas addressed the Commission. He stated that the sidewalk is not feasible and construction of the sidewalk and culvert could endanger underground utility lines. Brief discussion followed concerning a cost estimate for the project. Commissioner Linton moved to approve the request for a sidewalk waiver, as requested in PZ2024-281. Commissioner Beatty seconded the motion. The motion to approve the request carried 5:0. 2) PZ2024-295: Request for approval of a Replat of a portion of Tract II, Executive Business Park Section II Addition and Lot 2, Executive Business Park Section III Addition and a portion of Tract 39, Plat D14 of the A. Williams 6$ $ Planning Commission $$$ October 21, 2024 Survey, Beaumont, Jefferson County, Texas into Block 1, Reserve 1, Caliber Beaumont Addition, Beaumont, Jefferson County, Texas. Applicant: Richard Faust of Faust Engineering and Surveying Inc. Location: 3480 Benchmark Drive This item has been tabled to the November meeting at the request of the Applicant. 3) PZ2024-302: Request for approval of a Preliminary Plat of Woodland Park, Section One. Applicant: Stephanie Tabor of A&S Engineers, Inc. Location: 5105 Gail Drive This item has been tabled to the November meeting at the request of the Applicant. JOINT PUBLIC HEARINGS Mayor West called the Joint Public Hearings of October 21, 2024 to order at 3:21 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. 4) PZ2024-271: Request for approval of a Specific Use Permit to allow a duplex in an RS (Residential Single Family Dwelling) District Applicant: Rodney Davis of Destin Developments, LLC Location: 3375 Avenue C Mrs. Engman presented the staff report. Rodney Davis of Destin Developments LLC, is requesting approval of a Specific Use Permit to allow a duplex at 3375 Avenue C. The duplex will be a new construction and the developer intends to rent the units. Parking will be provided within the garages and driveways of each unit. The intent of the project is to expand housing options to the community and promote infill development of vacant properties. property is located within the G(:9?1>B-@5:9! 7QQ\]`RW\\U!b\]!\]c`!9Wbgla!9\]\[^`SVS\\aWdS!GZO\\!bVS Revitalization Area, such areas are built up areas where a significant portion of the area is HG experiencing influences such as incompatible land uses, dilapidated and derelict structures, a decline in population and in the number of housing units and businesses. Immediate actions are needed tThis :!<>1B19@!/:9@59A10!01@1>5:>-@5:9!-90!@:!>1B1>?1!-90!>1<-5>!@4:?1!/:905@5:9?&H! `S_cSab!O^^SO`a!b\]!OZWU\\!eWbV!\]c`!9Wbgla!9\]\[^`SVS\\aWdS!GZO\\!\]T!8SOc\[\]\\b* 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 aSeS`!aS`dWQSa(!W\\QZcRW\\U!O\\g!`S_cW`S\[S\\ba!\]T!bVS!9Wbgla!POQYTZ\]e(!^`S 7$ $ Planning Commission $$$ October 21, 2024 FOG program. 2. Construction plans shall comply with all applicable Fire and Building Code requirements. 3. 7!0l!eWRS!aWRSeOZY!aVOZZ!PS!W\\abOZZSR!OZ\]\\U!bVS!T`\]\\b!^`\]^S`bg!ZW\\S!OPcbbW\\U!7dS\\cS!9!W\\!O! manner approved by City Public Works Department. Thirty (30) notices were mailed to property owners within two hundred (200) feet of the subject property. Zero responses were received in favor and zero (0) in opposition. The applicant was present. Rodney Davis of Destin Developments, LLC, 4990 Brace Street, Suite 1, Beaumont, Texas addressed the Commission. He showed photos of similar recently constructed duplex units. The applicant approves of the conditions recommended by staff. The public hearing on this item was opened and closed without comment. Commissioner Noyola moved to approve the request for a Specific Use Permit to allow a duplex in an RS (Residential Single Family Dwelling) District, as requested in PZ2024-271, with the following conditions: 1. Construction plans must meet all requirements by Water Utilities for water and sanitary $ sewer service-treatment and/or a(!W\\QZcRW\\U!O\\g!`S_cW`S\[S\\ba!\]T!bVS!9Wbgla!POQYTZ\]e(!^`S FOG program. 2. Construction plans shall comply with all applicable Fire and Building Code requirements. 3. Avenue C in a 7!0l!eWRS!aWRSeOZY!aVOZZ!PS!W\\abOZZSR!OZ\]\\U!bVS!T`\]\\b!^`\]^S`bg!ZW\\S!OPcbbW\\U manner approved by City Public Works Department. Commissioner Sorrell seconded the motion. The motion to approve the request carried 5:0. 5) PZ2024-276: Request for approval of a Specific Use Permit to allow a second dwelling unit on a property located in an RS (Residential Single Family Dwelling) District Applicant: Christopher Vargas Location: 8590 Humble Road Mrs. Engman presented the staff report. Christopher Vargas is requesting a Specific Use Permit to keep a second dwelling unit on the property located at 8590 Humble Road. This property is located within the R-S (Residential - Single-Family Dwelling) District and as such a second dwelling unit requires a Specific Use Permit. The City issued a Stop Work Order as no permits were filed prior to retrofitting a storage building into a dwelling unit. Mr. Vargas is seeking approval of the second dwelling unit to begin the process to come into compliance with City Ordinances. 8$ $ Planning Commission $$$ October 21, 2024 Slides of the site plan and subject property were shown. Staff recommended approval of this request with the following conditions: 1. The building shall be serviced by the same water meter as the main building and shall not have an individual water meter. 2. The contractor shall apply for all applicable building permits and complete all required and necessary inspections. 3. Construction plans shall comply with all applicable Fire and Building Code Requirements. Eleven (11) notices were mailed to property owners within two hundred (200) feet of the subject property. Zero responses were received in favor and four (4) in opposition. Mrs. Engman read a response in opposition to the request. The applicant was not present. Further discussion followed concerning structures located on the property and wind storm requirements. Also discussed was the process of notice to the applicant/ ^`\]^S`bg!\]e\\S`!T\]`!b\]ROgla! meeting. Commissioner Linton moved to deny the request for a Specific Use Permit to allow a second dwelling unit in an RS (Residential Single Family Dwelling) District, as requested in PZ2024-276. Commissioner Noyola seconded the motion. Tabling the request to a future meeting date was discussed. City Attorney Reed stated that typically tabling an item is requested by the applicant and not by the Commission due to an applicant being absent from a meeting, unless due to an emergency situation. Mrs. Engman stated that staff did not receive correspondence from the applicant stating that he could not attend the meeting. The motion to deny the request carried 5:0. 6) PZ2024-286: Request for approval of a Rezoning from an RM-H (Residential Multiple Family-High Density) District to GC-MD (General Commercial-Multiple Family) or a more restrictive zoning district Applicant: Dee Richard Real Estate Investments, LLC th Location: Lots South of 3250 S 11 Street Mrs. Engman presented the staff report. Delores Dee Chevis of Dee Richard Real Estate Investments LLC, is requesting approval of a Rezoning from an RM-H (Residential Multiple Family High Density) District to a GC-MD (General Commercial - Multiple Family Dwelling) i 9$ $ Planning Commission $$$ October 21, 2024 th District or a more restrictive zoning district to two lots located just south of 3250 South 11 Street. The purpose of this request is to open commercial development opportunities to this property. Conservation 7QQ\]`RW\\U!b\]!bVS!9\]\[^`SVS\\aWdS!GZO\\!bVS!^`\]^S`bg!Wa!Z\]QObSR!eWbVW\\!O!j Revitalization Area,built up areas where a significant portion of the area is k!acQV!O`SOa!O`S! experiencing influences such as incompatible land uses, dilapidated and derelict structures, a deteriorating or poor public infrastructure, and a decline in population and in the number of housing units and businesses. Immediate actions are needed to prevent continued deterioration and to reverse and repair those conditions. k The proposed Rezoning appears to align with the Comprehensive plan as it would foster the th continued growth of the commercial businesses fronting along South 11 street. Additionally, the property fronts a major arterial road, which typically encourages and supports high density uses. Slides of the site plan and subject property were shown. Planning staff recommended approval of this request. Fifteen (15) notices were mailed to property owners within two hundred (200) feet of the subject property. Zero responses were received in favor and zero (0) in opposition. Mrs. Engman stated one (1) response was submitted immediately prior to meeting being called to order. She b\]ROgla! further stated that the property owner noted that they are uncertain of the request and is concerned of the intended use. The applicant was present. Delores Dee Chevis of Dee Richard Real Estate Investments, LLC, 8220 Stacy Court, Beaumont, Texas addressed the Commission. She stated that the intended use of the property is commercial development. The number of lots on the property was discussed. Ms. Chevis also stated that the property has been cleared of trees and brush. The public hearing on this item was opened. Georgia Heisser, 3598 Westmoreland Avenue, Beaumont, Texas addressed the Commission. She stated concerns relating to rainwater drainage onto her property. The applicant was given an opportunity to speak in rebuttal. Ms. Chevis stated that the drainage issue appears to be related to shallow ditches. She further stated that she understands that her property cannot drain onto neighboring properties once developed. The public hearing on this item was closed. Commissioner Noyola moved to approve the request for a Rezoning from an RM-H (Residential Multiple Family-High Density) District to a GC-MD (General Commercial-Multiple Family) or a more restrictive district, as requested in PZ2024-286. Commissioner Beatty seconded the motion. The motion to approve the request carried 5:0. :$ $ Planning Commission $$$ October 21, 2024 7) PZ2024-292: To consider proposed amendments to Chapter 28, Section 28.03.023 and Section 28.04.008(23)(32)(33) of the City of Beaumont Code of Ordinances Applicant: City of Beaumont This item has been tabled to the November meeting at the request of the Planning & Community Development Director. OTHER BUSINESS None. THERE BEING NO FURTHER BUSINESS, THE MEETING ADJOURNED AT 3:46 P.M. <$ $