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HomeMy WebLinkAbout11-25-24 PC Minutes * M I N U T E S * JOINT PUBLIC HEARINGS PLANNING COMMISSION CITY COUNCIL City Council Chambers November 25, 2024 A Joint Public Hearing of the Planning Commission and City Council was held on November 25, 2024 and called to order at 3:18 p.m. with the following members present: Commission Members present: Chairman Sina Nejad Commissioner Johnny Beatty Commissioner Shawn Javed Commissioner Darius Linton Commissioner Tom Noyola Alternate Commissioner Rogers Sorrell, Jr. Commission Members absent: Commissioner Hamza Jabbar Commissioner Spencer Jabbia Commissioner Lynda Kay Makin Commissioner Eddie Senigaur Alternate Commissioner Erika Harris Councilmembers present: Mayor Roy West Councilmember Chris Durio Councilmember Randy Feldschau Councilmember Mike Getz Councilmember Audwin Samuel *departed at 3:54 Also present: Chase Engman, Assistant City Attorney Demi Engman, Director of Planning & Community Development Elayna Luckey, Planner Susan Smith, Recording Secretary APPROVAL OF MINUTES Commissioner Noyola moved to approve the minutes of the Joint Public Hearings held on October 21, 2024. Commissioner Javed seconded the motion. The motion to approve the minutes carried 5:0. 1 $ Planning Commission $$$ November 25, 2024 REGULAR MEETING 1) PZ2024-302: Request for approval of a Preliminary Plat of Woodland Park, Section One. Applicant: Stephanie Tabor of A&S Engineer, Inc. Location: 5105 Gail Drive Mrs. Engman presented the staff report. Stephanie Tabor of A&S Engineering, Inc requests approval of the Preliminary Plat of the Woodland Park Subdivision, Section one, Beaumont, Jefferson County, Texas. The 9.996-acre development is located at the west end of Gail Drive containing forty-three (43) new residential single-family lots. The proposed extension of Gail Drive includes a 70 ft. wide right-of-way. Water and sewer will be provided by extension of City utilities. The developer is seeking approval of a waiver to allow the number of dwelling units on a single outlet to increase from 32 to 62. Section 26.03.002(5) states S/!KAF?D=!GMLD=L!J=KA<=FLA8D!KLJ==L! shall serve no more than thirty- LOG!%,+&!<O=DDAF?!MFALK)T Additionally, the developer is seeking approval of a waiver to the maximum cul-de-sac length to Section 26.03.002(8) states, -de-sac UV/!:MD TW!WjfW`VWV!Xda_!800p!fa!Sbbdaj\[_SfW^k!2,413p!^a`Y.! shall be no more than eight hundred (800) feet long, unless topography, density, adequate Currently, Gail Street :AJ:MD8LAGF'!GJ!GL@=J!MFMKM8D!:GF<ALAGFK!F=:=KKAL8L=!8!?J=8L=J!D=F?L@RT terminates at a dead end. The proposed extension will serve 43 lots with a cul-de-sac. The location of existing streets, blocks, lots, alleys, easements, building NWU.!26.02.002)5*!efSfWe,!n he area affected, with principal dimensions, and all DAF=KR8F<!GL@=J!F8LMJ8D!>=8LMJ=K!AF!L significant information in regard to the property immediately adjacent on all sides .o!=VVdWee! condition #1. Utility easements and water and sewer facilities shall be provided by NWUf\[a`!26.03.011!efSfWe,!n the subdivider in accordance with the standards and specifications for minimum water and sanitary sewer requirements on file in the office of the water utilities director for the city .o!=VVdWee! condition #2. when platting, sidewalks shall be installed prior to the final building NWUf\[a`!26.03.004!efSfWe,!n inspection. If the lot is not developed within five (5) years of the recordation of the final plat, the :MJJ=FL!HJGH=JLQ!GOF=J!K@8DD!:GFKLJM:L!L@=!KA<=O8DCR o!!=VVdWee!Ua`V\[f\[a`!%3. Section 26.02.002(15) states, S/!DAKL!G>!L@=!HJGHGK=<!J=KLJA:LAN=!:GN=F8FLK'!:GF<ALAGFK'!8F<! Address conditions # DAEAL8LAGFK!LG!?GN=JF!L@=!F8LMJ=!8F<!MK=!G>!L@=!HJGH=JLQ!9=AF?!KM9<ANA<=<)T! 4-8. Slides of the site plan and subject property were shown. Staff recommended approval of the request with the following waivers: 6$ $ Planning Commission $$$ November 25, 2024 A waiver to allow the number of dwelling units on a single outlet to increase from thirty- $ two (32) to sixty-two (62); A waiver to the maximum cul-de-ly eSU!^W`YfZ!fa!TW!WjfW`VWV!Xda_!800p!fa!Sbbdaj\[_SfW long 2,413p! ; and, with the following conditions: 1. Show all existing easements to Drainage District 6 and City of Beaumont that are adjacent to the subdivision on the final plat to be recorded. 2. A capacity analysis study to be completed and submitted for review to the Water Utilities Department. 3. All property owners will be required to construct a 4' (or 5', if required) wide concrete sidewalk adjacent to the street, located 4 feet from the back of curb. At street intersections, if applicable, sidewalks are to include construction of a 5' wide landing to tie-in with concrete access ramps. If any lot is not developed within five (5) years of recordation of the final plat, the current owner shall construct the sidewalk. 4. OZW!10p!VdS\[`SYW!WSeW_W`f!a`!Haf!23!eZS^^!TW!\[VW`f\[X\[WV!a`!fZW!X\[`S^!b^Sf!fa!TW!dWUadVWV!fa! dedicate the easement to the City of Beaumont. 5. nto =VV!S!b^Sf!`afW!fa!efSfW,!nS^^!^afe!eZS^^!TW!YdSVWV!fa!VdS\[`!fa!efdWWfe!S`V!eZS^^!`af!VdS\[`!a SV\\SUW`f!^afe!TWXadW!ad!SXfWd!efdgUfgdWe!SdW!Tg\[^f.o! 6. =VV!S!b^Sf!`afW!fa!efSfW,!nfW_badSdk!Wdae\[a`!Ua`fda^!_WSegdWe!_gef!dW_S\[`!\[`!b^SUW!g`f\[^! bWd_S`W`f!_WSegdWe!SdW!WefST^\[eZWV.o! 7. Remove note #6 from the final plat to be recorded. 8. Amend plat note #7 on the final plat to be recorded to reflect complete and accurate data. $ Brief discussion followed concerning the reasoning for the request to extend the cu-de-sac. The applicant was present. Stephanie Tabor of A&S Engineers, Inc. 10377 Stella Link Road, Houston, Texas addressed the Commission. She stated that the reason for the request to extend the cul-de-sac is due to the narrow configuration of the tract, which limits the design. Ms. Tabor further stated that the Developer is under contract for the purchase of the property. 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 of a Preliminary Plat of Woodland Park, Section One, as requested in PZ2024-302, with the following waivers: 7$ $ Planning Commission $$$ November 25, 2024 A waiver to allow the number of dwelling units on a single outlet to increase from thirty- two (32) to sixty-two (62); A waiver to the maximum cul-de- eSU!^W`YfZ!fa!TW!WjfW`VWV!Xda_!800p!fa!Sbbdaj\[_SfW^k! long 2,413p! ; and with the following conditions: 1. Show all existing easements to Drainage District 6 and City of Beaumont that are adjacent $ to the subdivision on the final plat to be recorded. 2. A capacity analysis study to be completed and submitted for review to the Water Utilities Department. 3. All property owners will be required to construct a 4' (or 5', if required) wide concrete sidewalk adjacent to the street, located 4 feet from the back of curb. At street intersections, if applicable, sidewalks are to include construction of a 5' wide landing to tie-in with concrete access ramps. If any lot is not developed within five (5) years of recordation of the final plat, the current owner shall construct the sidewalk. 4. OZW!10p!VdS\[`SYW!WSeW_W`f!a`!Haf!23!eZS^^!TW!\[VW`f\[X\[WV!a`!fZW!X\[`S^!b^Sf!fa!TW!dWUadVWV!fa! dedicate the easement to the City of Beaumont. 5. reets and shall not drain onto =VV!S!b^Sf!`afW!fa!efSfW,!nS^^!^afe!eZS^^!TW!YdSVWV!fa!VdS\[`!fa!ef SV\\SUW`f!^afe!TWXadW!ad!SXfWd!efdgUfgdWe!SdW!Tg\[^f.o! 6. =VV!S!b^Sf!`afW!fa!efSfW,!nfW_badSdk!Wdae\[a`!Ua`fda^!_WSegdWe!_gef!dW_S\[`!\[`!b^SUW!g`f\[^! bWd_S`W`f!_WSegdWe!SdW!WefST^\[eZWV.o! 7. Remove note #6 from the final plat to be recorded. 8. Amend plat note #7 on the final plat to be recorded to reflect complete and accurate data. Commissioner Linton seconded the motion. The motion to approve the request carried 4:1 (Nejad). 2) PZ2024-319: Request for approval of a Replat of Lots 5B & 5C, Unit D, Tyrrell Park Addition into Lots 5B-1, 5B-2 and 5B-3, Unit D, Tyrrell Park Addition, Beaumont, Jefferson County, Texas. Applicant: Richard Bartz of Whitely Infrastructure Group Location: 5130 and 5140 Downs Road Mrs. Engman presented the staff report. Richard Bartz of Whiteley Infrastructure Group, is seeking approval of a Replat of Lots 5B and 5C Unit D, Tyrrell Park Addition into Lots 5B-1, 5B-2 and 5B-3, Unit D, Tyrrell Park Addition, Beaumont, Jefferson County, Texas. The intent of the plat is to divide two (2) lots into three (3) for residential development. 8$ $ Planning Commission $$$ November 25, 2024 Slides of the site plan and subject property were shown. Staff recommended approval of the request Eight (8) notices were mailed to property owners within two hundred (200) feet of the subject property. Zero (0) responses were received in favor and four (4) were received in opposition. The concerns of those opposed included keeping possible low income housing further from their property, with larger lots. This request received protest from the property owners comprising more than 20% of the surrounding land area. Thus, a super-majority vote in favor by the Commission would be required for passage of the request, otherwise the item would fail. A representative of the applicant was present. Tom Rowe of Whiteley Infrastructure Group, 655 Langham Road, Unit 14, Beaumont, Texas addressed the Commission. He stated that the . @WhW^abWd!\[`fW`Ve!fa!Ua`efdgUf!fZdWW!m2,000!ec.!Xf.!Za_We!a`!fZW!bdabWdfk The public hearing on this item was opened and closed without comment. Commissioner Linton moved to approve the request of a Replat of Lots 5B & 5C, Unit D, Tyrrell Park Addition into Lots 5B-1, 5B-2 and 5B-3, Unit D, Tyrrell Park Addition, Beaumont, Jefferson County, Texas, as requested in PZ2024-319. Commissioner Noyola seconded the motion. The motion to approve the request carried 5:0. JOINT PUBLIC HEARINGS Mayor West called the Joint Public Hearings of November 25, 2024 to order at 3:34 p.m. and explained the purpose of the Joint Public Hearing process. Mayor West then turned the meeting over to Chairman Nejad to conduct the Joint Public Hearings. 3) PZ2021-243: To amend a request for the conveyance and dedication of private streets and infrastructure to the City of Beaumont. Applicant: Scott Holleman and the heirs of the A.J. Fasulo Estate (Fig Acres Addition) Location: 2405-2499 Wescalcer Road Mrs. Engman presented the staff report. Scott Hollemon and the heirs of the A.J. Fasulo Estate have requested that the City of Beaumont accept maintenance of the private drive east of Wescalder Road and north of Baker Road, and its infrastructure. The Planning Commission tabled this request on a couple of occasions for staff and/or the applicant to return with supporting data. On March 18, 2024 the Planning Commission recommended denial of the request, however, the City Council found the request to be in the best interest of the City and approved the dedication with conditions on August 6, 2024. 9$ $ Planning Commission $$$ November 25, 2024 This item has returned for consideration to amend the original request to include the drainage way so the City may perform necessary to improvements to serve the neighborhood. The drainage way is owned by the heirs of the A.J. Fasulo Estate. Slides of the site plan and subject property were shown. Planning staff recommended approval of this request with the following condition: 1. A plat produced by a licensed surveyor must be submitted to the Planning Office prior to final acceptance of the streets and infrastructure. Nineteen (19) notices were mailed to property owners within two hundred (200) feet of the subject property. One (1) response was received in favor and zero (0) were received in opposition. The applicant was present. Scott Holleman, 2499 Wescalder Road, Beaumont, Texas addressed the Commission. Mr. Holleman discussed the location and ownership of the drainage way. The public hearing on this item was opened and closed without comment. Commissioner Linton moved to approve to amend the request for the conveyance and dedication of private streets and infrastructure to the City of Beaumont, as requested in PZ2021-243, with the following condition: 1. A plat produced by a licensed surveyor must be submitted to the Planning Office prior to final acceptance of the streets and infrastructure. Commissioner Beatty seconded the motion. The motion to approve the request carried 5:0. Chairman Nejad announced that Agenda Item No. 4!i\[^^!TW!ZWSdV!Se!fZW!^Sef!\[fW_!Sf!faVSkpe! meeting. The meeting continued with the presentation of Agenda Item No. 5. 5) PZ2024-320: Request for a Specific Use Permit to allow a Bed and Breakfast facility in an RS (Residential Single Family Dwelling) District. Applicant: Tyler Wharton Location: 2550 Ashley Street This item was withdrawn by the Applicant prior to the meeting. 6) PZ2024-325: Request for an Amended Specific Use Permit to allow a 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. Applicant: Hani Tohme Location: 3100 N. Major Drive :$ $ Planning Commission $$$ November 25, 2024 This item was tabled to the December meeting at the request of the Planning & Community Development Director. 7) PZ2024-333: Request for a Specific Use Permit to allow a duplex in an RS (Residential Single Family Dwelling) District. Applicant: HWpe!BS_\[^k!E`hWef_W`f Location: 6795 Highway 105 Mrs. Engman presented the staff report. HWpe!BS_\[^k!E`hWef_W`f,!\[e!dWcgWef\[`Y!SbbdahS^!aX!S! Specific Use Permit to allow a duplex at 6795 Highway 105. The duplex will be a new construction and the developer intends to rent the units. Parking will be provided within the driveway for each unit. The intent of the project is to expand housing options to the community and promote infill development of vacant properties. lan the property is located within the S0GFL=EHGJ8JQ! =UUadV\[`Y!fa!agd!?\[fkpe!?a_bdWZW`e\[hW!L Neighborhood Design Concept, such areas allows TS>GJ!8!<AN=JKALQ!G>!@GMKAF?!LQH=K!8F<! 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 request T! SbbWSde!fa!S^\[Y`!i\[fZ!agd!?\[fkpe!?a_bdWZW`e\[hW!L^S`!aX!>WSg_a`f. 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 eWiWd!eWdh\[UWe,!\[`U^gV\[`Y!S`k!dWcg\[dW_W`fe!aX!fZW!?\[fkpe!TSU\]X^ai,!bdW FOG program. 2. Construction plans shall comply with all applicable Fire and Building Code requirements. Twelve (12) notices were mailed to property owners within two hundred (200) feet of the subject property. Zero (0) responses were received in favor and six (6) were received in opposition. The concerns of those opposed included traffic, accessibility to their home off Highway 105, and the safety of families living in the duplex. A representative of the applicant was present. Bobby Wynn of Wynn Construction, 3717 Royal Meadows Boulevard, Suite C, Port Arthur, Texas addressed the Commission. He stated that he has authority to speak on behalf of the applicant. Mr. Wynn further stated that a new two-level duplex will be constructed on the property. The representative of the applicant approves of the conditions recommended by staff. The public hearing on this item was opened and closed without comment. Brief discussion followed concerning location of the property. <$ $ Planning Commission $$$ November 25, 2024 Commissioner Linton 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 PZ2024-333, with the following conditions: 1. Construction plans must meet all requirements by Water Utilities for water and sanitary sewer services, including any requirements of -treatment and/or fZW!?\[fkpe!TSU\]X^ai,!bdW FOG program. 2. Construction plans shall comply with all applicable Fire and Building Code requirements. Commissioner Beatty seconded the motion. The motion to approve the request carried 5:0. 4) PZ2024-292: Request to amend Sections 28.03.023 and 28.04.008 of the City of >WSg_a`fpe!?aVW!aX!KdV\[`S`UWe.! Applicant: City of Beaumont Mrs. Engman presented the staff report. In 2006, Ordinance No. 06-062 amended the permitted use table to require a Specific Use Permit for all uses in the CBD. Planning staff is recommending ea_W!S_W`V_W`fe!fa!fZW!bWd_\[ffWV!geW!fST^W,!NWUf\[a`!28.03.023!aX!fZW!?\[fkpe!?aVW!aX!KdV\[`S`UWe,! to streamline permitting and occupancy of appropriate uses within the Central Business District. Additionally, the Planning staff are recommending amendments to the special conditions, Section 28.04.008!aX!fZW!?\[fkpe!?aVW!aX!KdV\[`S`UWe,!fa!SVVdWee!SUUWeeadk!ViW^^\[`Y!g`\[fe!)=@P*!S`V! shipping containers within the City of Beaumont. Currently, ADUs, also known as mother-in-law suites, require a Specific Use Permit within low density residential districts. Planning staff bdabaeWe!fa!S_W`V!NWUf\[a`!28.04.008)T*)6*!aX!fZW!?\[fkpe!?aVW!aX!KdV\[`S`UWe!fa!S^^ai!=@Pe! within the A-R, R-S, RCR, and RCR-H zoning districts by right if occupied by family members of the person who resides in the principal dwelling. This amendment will provide affordable housing options and increase housing density without significantly altering neighborhood character. Additionally, ADU offers multi-generational living, aging in place, and adaptation to ever-changing household needs. Lastly, the Planning staff wishes to amend Section 28.04.008(b)(30). Existing ordinances do not allow for shipping containers to be used as storage unless they are located within industrial zoning districts. Planning staff would like to amend this to allow usage of shipping containers as storage within the GC-MD and industrial zoning districts. If the structure is used for storage in GC-MD district, it must be completely screened from public view along any street right-of-way by fencing, landscaping or other approved methods. It is recognized that using shipping containers as structures is an emerging trend because they offer a cost-effective, durable, and eco-friendly alternative to traditional construction. Planning staff encourages the integration of art within occupiable commercial spaces to enhance the aesthetic quality, community engagement and user experience. All federal regulations, state laws, local ordinances and adopted codes shall be adhered to with installation or reconfiguration of the containers. =$ $ Planning Commission $$$ November 25, 2024 Planning staff recommended approval of the request. Brief discussion followed concerning: Policing of screened containers by City staff; Regulation of container artwork design; Grandfathered containers; Possible formation of a Beautification Committee; Current Specific Use Permit requirements for accessory dwelling units; Permitted Use parking requirements The public hearing on this item was opened. Corey Green, Kailee Batson, and Cathryn Green, all of 215 Orleans Street, Beaumont, Texas addressed the Commission. Mr. Green stated the he wishes to open a tattoo business in the downtown area and each individual briefly discussed thier tattoo area of expertise. All stated support for the requested item in that it will make it easier for individuals to open small businesses downtown. Jennifer Trenbeath, 2020 Chevy Chase Lane, Beaumont, Texas addressed the Commission. Ms. Trenbeath stated that she is a downtown small business owner and also works in historic preservation. Ms. Trenbeath encouraged approval of the request. Tyler Wharton, 2467 Calder Avenue, Beaumont, Texas addressed the Commission. Mr. Wharton stated that he owns three buildings in downtown Beaumont and has a waitlist of potential tenants. He further stated that the request will make it easier for small businesses to open downtown. Brief discussion followed concerning the SIC Group category of massage therapy establishments. Richard Gilbert, 4606 FM 1960, Houston, Texas addressed the Commission. He stated that he is a current downtown business owner and encouraged approval of the request. The public hearing on this item was closed. Commissioner Beatty moved to approve the amendment to Sections 28.03.023 and 28.04.008 of requested in PZ2024-292. fZW!?\[fk!aX!>WSg_a`fpe!?aVW!aX!KdV\[`S`UWe,!Se! Commissioner Noyola seconded the motion. The motion to approve the request carried 5:0. OTHER BUSINESS None. THERE BEING NO FURTHER BUSINESS, THE MEETING ADJOURNED AT 4:25 P.M. >$ $