Loading...
HomeMy WebLinkAbout01-27-25 PC Minutes * M I N U T E S * JOINT PUBLIC HEARINGS PLANNING COMMISSION CITY COUNCIL City Council Chambers January 27, 2025 A Joint Public Hearing of the Planning Commission and City Council was held on January 27, 2025 and called to order at 3:15 p.m. with the following members present: Commission Members present: Chairman Sina Nejad Commissioner Johnny Beatty Commissioner Tom Noyola Commissioner Eddie Senigaur Alternate Commissioner Rogers Sorrell, Jr. Commission Members absent: Commissioner Hamza Jabbar Commissioner Spencer Jabbia Commissioner Shawn Javed Commissioner Darius Linton Commissioner Lynda Kay Makin Councilmembers present: Mayor Roy West Mayor Pro-Tem Taylor Neild Councilmember Randy Feldschau Councilmember Mike Getz Councilmember Audwin Samuel Also present: Sharae Reed, City Attorney Tom Duesler, Senior Assistant City Attorney Kenneth R. Williams, City Manager Chris Boone, Assistant City Manager, Community Services June Ellis, Assistant City Manager, Operations Demi Engman, Director of Planning & Community Development Elayna Luckey, Planner Susan Smith, Recording Secretary 1 $ Planning Commission $$$ January 27, 2025 APPROVAL OF MINUTES Commissioner Noyola moved to approve the minutes of the Joint Public Hearings held on December 16, 2024. Commissioner Senigaur seconded the motion. The motion to approve the minutes carried 5:0. REGULAR MEETING 1) PZ2024-345: Request for approval of a Replat of Tuscany Park, Phase One and Two (future development) which includes all of the common area and all of Lots 1, 2 and 3, lying within the Hezekiah Williams, Sr. League Survey, Beaumont, Jefferson County, Texas into Lots 1A, 2A, 3A, and 4A, Tuscany Park, Beaumont, Jefferson County, Texas. Applicant: Tabitha Haygood of Fittz and Shipman, Inc. Location: 3350, 3450, 3460 and 3550 N. Dowlen Road Mrs. Engman presented the staff report. Tabitha Haygood of Fittz and Shipman, on behalf of property owner Mark Fertitta, is seeking approval of a Replat of Tuscany Park, Phase One and Two (future development) which includes all of the common area and all of Lots 1, 2 and 3, lying within the Hezekiah Williams, Sr. League Survey, Beaumont, Jefferson County, Texas into Lots 1A, 2A, 3A and 4A, Tuscany Park, Beaumont, Jefferson County, Texas. The intent of the Replat, is to adjust the lots and create a fourth lot to reflect the new structure on the property and document a recorded ingress, egress for access throughout the development. Frontage R7CFE>!7E!<7J<D<EK!@J!7CCFN78C<!=FI!9FDD<I9@7C!CFKJ!K?7K! IRPaV\\\[!-1*+,*++1&O'!`aNaR`(!h are within a planned commercial center where the easement is permanently accessible to the public and the design and construction of the access improvements are approved by the planning commission *i!JUR!\]_\\\]\\`RQ!\]YNa!R\[P\\Z\]N``R`!Jb`PN\[f!GN_X(!N!P\\ZZR_PVNY!PR\[aR_(!N\[Q!ZRRa`!aUR! vision requirements. 9Vafj`!ZV\[VZbZ!`bOQV $ Slides of the site plan and subject property were shown. $ Staff recommended approval of the request with the following condition: 1. Shall adhere to the utility easement requirements of CenterPoint Entergy to Lots 1A, 2A, and 3A. Twenty-nine (29) 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) were received in opposition. The applicant was not present. The public hearing on this item was opened and closed without comment. Commissioner Noyola moved to approve the request of a Replat of Tuscany Park, Phase One and 6$ $ Planning Commission $$$ January 27, 2025 Two (future development) which includes all of the common area and all of Lots 1, 2 and 3, lying within the Hezekiah Williams, Sr. League Survey, Beaumont, Jefferson County, Texas into Lots 1A, 2A, 3A, and 4A, Tuscany Park, Beaumont, Jefferson County, Texas, as requested in PZ2024- 345, with the following condition: 1. Shall adhere to the utility easement requirements of CenterPoint Entergy to Lots 1A, 2A, and 3A. Commissioner Senigaur seconded the motion. The motion to approve the request carried 5:0. 2) PZ2024-355: Request for approval of a Preliminary Plat of Auroras Estates, Beaumont, Jefferson County, Texas. Applicant: Zachary Rowe, Leavins Engineering & Design, LLC Location: 11200 Timber Ridge Lane Mrs. Engman presented the staff report. Zach Rowe, of Leavins Engineering & Design, LLC, has requested Preliminary Plat approval of Auroras Estates. The 14.791 acre development consists of 13 new residential lots and is located within the R-S (Residential Single-Family Dwelling) District. Water and sewer will be provided by replac RZR\[a!N\[Q!ReaR\[`V\\\[!\\S!aUR!PVafj`!SNPVYVaVR`*! Leavins Engineering is also seeking approval of two (2) waivers. The developer requests approval of a waiver to extend the maximum cul-de- `NP!YR\[TaU!S_\\Z!3++j!a\\!,+++j*!IRPaV\\\[!-1*+.*++-&3'&7'! states -de-sac shall be no more than eight hundred feet long, unless topography, density, S7!9LC adequate circulation, or other unusual conditions necessitate a greater length, and shall terminate at a circle with a minimum right-of-way radius of fifty (50) feet and a pavement radius of thirty- K?I<<!%--&!=<<K!879B!KF!879B!F=!9LI8)T The developer seeks approval of a second waiver to allow the extension of Timber Ridge Lane to be constructed using material other than concrete paving. Section 26.03.002 states S5?<! 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 citTimber Ridge Lane is PRT! an existing asphalt road, our standards currently call for the use of concrete for new construction streets. The applicant is requesting to complete the cul-de-sac using asphalt to maintain consistency. Timber Ridge Lane currently serves three residential properties; the proposed cul-de-sac extension dVYY!NQQ!N\[!NQQVaV\\\[NY!aU_RR!_R`VQR\[aVNY!\]_\\\]R_aVR`!S\\_!N!a\\aNY!\\S!`Ve!\]_\\\]R_aVR`!`R_cRQ!\\\[!aUR!,+++j! cul-de-sac street. The proposed waivers will greatly enhance the existing dead end street and provide adequate emergency service accesses. Section 26.02.002(a)(9) states, S5?<!CF97K@FE!F=!<O@JK@E>!7E:!GIFGFJ<:!J<N<IJ'!N7K<I!7E:!>7J! D7@EJ!7E:!FK?<I!GL8C@9!LK@C@K@<J!<7J<D<EKJ!7E:!@DGIFM<D<EKJ)T 7$ $ Planning Commission $$$ January 27, 2025 IFC2021 AppeFire apparatus access roads and \[QVe!9!IRPaV\\\[!9,+.!?fQ_N\[a!`\]NPV\[T!`aNaR`!h public streets providing required access to buildings in accordance with Section 503 shall be GIFM@:<:!N@K?!FE<!FI!DFI<!=@I<!?P:I7EKJ'!7J!:<K<ID@E<:!8P!4<9K@FE!1+*,)+)T Section 24.05.009 states, SEF!JKIL9KLI<!FI!C7E:!J?7CC!?<I<7=K<I!8<!CF97K<:'!7CK<I<:!FI!?7M<!@KJ!LJ<! 9?7E><:!N@K?FLK!=LCC!9FDGC@7E9<!N@K?!K?<!K<IDJ!F=!K?@J!7IK@9C<!7E:!FK?<I!7GGC@978C<!I<>LC7K@FEJ)T a list of the proposed restrictive covenants, conditions, and IRPaV\\\[!-1*+-*++-&N'&,0'!`aNaR`(!h limitations to govern the nature and use of the property being subdivided *i!! $ Slides of the site plan and subject property were shown. Staff recommended approval of the request with the following waivers: A waiver to extend the maximum cul-de- $ `NP!YR\[TaU!S_\\Z!RVTUa!Ub\[Q_RQ!SRRa!&3++j'!a\\!\\\[R! aU\\b`N\[Q!SRRa!&,+++j'6! A waiver to the allow the extension of Timber Ridge Lane to be constructed using material other than concrete paving ; and, with the following conditions: 1. Construction plans must meet all requirements by Water Utilities for water and sanitary sewer services. 2. IUNYY!P\\Z\]Yf!dVaU!@=9!-+-,!NQQV\[T!UfQ_N\[a`!a\\!aUR!\[Rd!1i!dNaR_!YV\[R!Na!0++j!V\[aR_cNY`! along Timber Ridge Lane. 3. All development shall comply with the Flood Damage Prevention Ordinance. 4. Shall clearly label the responsible party for maintenance of the drainage easements on the final plat to be recorded. The applicant was present. Zachary Rowe of Leavins Engineering & Design, LLC, 3250 Eastex Freeway, Beaumont, Texas addressed the Commission. He stated that the right-of-way is being extended for the cul-de-sac bulb. Mr. Rower further stated that the pavement currently stops short of the existing right-of-way, therefore, the total distance will be on The R!aU\\b`N\[Q!SRRa!&,+++j'* applicant approved of the conditions recommended by staff. Commissioner Senigaur moved to approve the request of a Preliminary Plat of Auroras Estates, Beaumont, Jefferson County, Texas, as requested in PZ2024-355, with the following waivers: A waiver to extend the maximum cul-de- `NP!YR\[TaU!S_\\Z!RVTUa!Ub\[Q_RQ!SRRa!&3++j'!a\\!\\\[R! aU\\b`N\[Q!SRRa!&,+++j'6! 8$ $ Planning Commission $$$ January 27, 2025 A waiver to the allow the extension of Timber Ridge Lane to be constructed using material other than concrete paving ; and, with the following conditions: 1. Construction plans must meet all requirements by Water Utilities for water and sanitary sewer services. 2. IUNYY!P\\Z\]Yf!dVaU!@=9!-+-,!NQQV\[T!UfQ_N\[a`!a\\!aUR!\[Rd!1i!dNaR_!YV\[R!Na!0++j!V\[aR_cNY`! along Timber Ridge Lane. 3. All development shall comply with the Flood Damage Prevention Ordinance. 4. Shall clearly label the responsible party for maintenance of the drainage easements on the final plat to be recorded. Commissioner Sorrell seconded the motion. The motion to approve the request carried 5:0. JOINT PUBLIC HEARINGS Mayor West called the Joint Public Hearings of January 27, 2025 to order at 3:25 p.m. and explained the purpose of the Joint Public Hearing process. Mayor West then turned the meeting over to Chairman Nejad to conduct the Joint Public Hearings. 3) PZ2024-373: Request for a Specific Use Permit to allow a duplex in an R-S (Residential-Single Family Dwelling) District. Applicant: Eleuterio Albarran Location: 5450 Concord Road Mrs. Engman presented the staff report. Eleuterio Albarran, representing SDB Development LP, is seeking approval of a Specific Use Permit to allow a duplex within the R-S zoning district located at 5450 Concord Road. In July 2024, the property was issued a stop work order when an inspection revealed repairs occurred without a permit. Additionally, it was revealed this property was converted into 4 dwelling units in recent years. If approved, this request would allow for the property owner to reduce the number of units from 4 to 2, which would bring this property into P\\Z\]YVN\[PR!dVaU!aUR!9Vafj`!g\\\[V\[T!_RTbYNaV\\\[`*! S4K78C<! 7PP\\_QV\[T!a\\!\\b_!9Vafj`!9\\Z\]_RUR\[`VcR!GYN\[!aUR!\]_\\\]R_af!V`!Y\\PNaRQ!dVaUV\[!aUR! Area, such areas are TS0L@CK!LG!7I<7J!N?@9?!7I<!><E<I7CCP!9?7I79K<I@Q<:!8P!>FF:!KF!<O9<CC<EK! structural conditions and neighborhoods that are free from blighting influences such as incompatible land uses, dilapidated and delict building and deteriorated or poor public infrastructure. Vacant parcels which may exist are good to excellent development are This 7J)T request appears to be in line with the Comprehensive Plan. Slides of the site plan and subject property were shown. 9$ $ Planning Commission $$$ January 27, 2025 Staff recommended approval of the request with the following conditions: 1. Shall obtain all necessary permits and complete all required City inspections. 2. No permanent structures or appurtenances shall be placed within the easement property. 3. Construction plans shall comply with all applicable Fire and Building Code requirements. 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 two (2) were received in opposition. Mrs. Engman read a response in opposition which stated that a multi-family unit in a residential single-family district is unacceptable due to loud noise, garbage containers, safety, parking disabled vehicles, and no front or back yard. Brief discussion was had concerning prior work performed on the property. The applicant was present. Eleuterio Albarran, 3370 Beard Street, Beaumont, Texas addressed the Commission. He stated that inside work was performed on the property prior to him becoming the contractor for the project. Mr. Albarran further stated that he obtained all proper permits to conduct work on the outside of the unit. He also stated that he has not completed work on the inside of the unit, only the outside including siding, painting, and roof work. Further discussion followed concerning specifics of the request. Mr. Albarran further stated the process as to how the structure will be converted from a four dwelling unit to a two dwelling unit. Mrs. Engman explained that remodeling the structure will be regulated through the permitting process. City Attorney Reed further discussed the request. The public hearing on this item was opened. Frances Bowman, 5415 Concord Road, Beaumont, Texas addressed the Commission. She stated that she does not approve of the request as the home was constructed as a single-family residence and should remain so. Chairman Nejad made a motion to allow Mrs. Bowman additional time to speak. Commissioner Senigaur seconded the motion. The motion to approve the request to allow Mrs. Bowman additional time to speak carried 5:0. Mrs. Bowman continued by stating that four apartments exist within the structure, interior construction of the duplex is complete, residents are parking on the grass, and a fire hazard exists for her home located across the street. She further stated concerns of noise and traffic safety and requested that the Commission deny the request. Jonathan Finch, 5525 Concord Road, Beaumont, Texas addressed the Commission. He stated that he shares an electrical transformer with the structure and expressed concerns of straining the electrical system. Mr. Finch further stated that interior and exterior construction has been :$ $ Planning Commission $$$ January 27, 2025 completed on the structure. He also stated that residents should not be living in the structure without a Certificate of Occupancy. The applicant was given an opportunity to speak in rebuttal. Mr. Albarran stated that he would like to show the units to the Commission to demonstrate that the interior is not complete. He further stated that three units are complete, one is not. Mr. Albarran also stated that he will obtain all necessary permits and will separate the electrical transformer, if necessary in order to address the concerns of Mr. Finch. He stated that the duplex has improved the property and will benefit the City through tax revenue. Mr. Albarran further stated that another apartment complex exists within two blocks of the address and a hair salon previously operated next door. The public hearing on this item was closed. Commissioner Sorrell moved to approve the request for a Specific Use Permit to allow a duplex in an R-S (Residential-Single Family Dwelling) District, as requested in PZ2024-373, with the following conditions: 1. Shall obtain all necessary permits and complete all required City inspections. 2. No permanent structures or appurtenances shall be placed within the easement property. 3. Construction plans shall comply with all applicable Fire and Building Code requirements. The motion failed due to the lack of a second. Mrs. Bowman stated that she would like the area to remain a single-family dwelling district. Further discussion followed concerning converting the structure to a single-family dwelling. Commissioner Noyola then moved to approve the request for a Specific Use Permit to allow a duplex in an R-S (Residential-Single Family Dwelling) District, as requested in PZ2024-373, with the following conditions: 1. Shall obtain all necessary permits and complete all required City inspections. 2. No permanent structures or appurtenances shall be placed within the easement property. 3. Construction plans shall comply with all applicable Fire and Building Code requirements. The motion failed due to the lack of a second. Commissioner Sinigaur moved to approve converting the structure to a single-family dwelling. Commissioner Sorrell moved to second the motion. Mrs. Engman reminded that Commission that the item is a request for a Specific Use Permit to allow a duplex in an R-S (Residential-Single Family Dwelling) District. <$ $ Planning Commission $$$ January 27, 2025 Commissioner Senigaur moved to deny the request for a Specific Use Permit to allow a duplex in an R-S (Residential-Single Family Dwelling) District, as requested in PZ2024-373. Commissioner Sorrell seconded the motion. The motion to deny the request carried 4:1 (Noyola). OTHER BUSINESS 1) Impact Fee 101 Presentation. Grady Reed, of HDR Engineering, 3470 FM 1185, Lockhart, Texas conducted the presentation. He began by stating that his company has been working with the City to explore implementing Impact Fees. Mr. Reed explained the definition of Impact Fees, maximum fee determination, items payable by the fee, development of an Advisory Committee, fee coordination, and decision making. 2) Receive input from citizen and the development community regarding future implementation of impact fees in Beaumont and its Extraterritorial Jurisdiction (ETJ). Members of the development community expressed concerns of Impact Fee waivers and added costs of construction due to the Impact Fee. THERE BEING NO FURTHER BUSINESS, THE MEETING ADJOURNED AT 4:51 P.M. =$ $