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Home My WebLink AboutPacket • DATE: November 25, 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 a Specific Use Permit to allow a 37,750sgft retail shopping center with 216 parking spaces. The proposed tenants included retail shopping, offices and restaurants. In April of 2023, the developer received an Amended 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 of a third driveway to serve the retail shopping center. This driveway will be gated and serve as an access point for delivery trucks. The submitted site plans show a 5' wide sidewalk to be placed within the Texas Department of Transportation (TXDOT) right-of-way. Planning staff have not received a copy of a permit issued from TXDOT allowing a sidewalk within their right-of-way. Therefore, the applicant and their engaged contractor will be held responsible to ensure development of the facility follows the site plan approved by the Planning Division on March 14, 2023, which demonstrated all parts of the 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 requirements. 2. Construction plans must meet all requirements by Water Utilities for water and sanitary sewer services, including any requirements of the City's backflow, pre-treatment and/or FOG program. 3. Directional lighting shall be installed to reflect away from the residences located off Village Drive, south of the proposed development. 4. Shall submit to the Planning Offices written permission from the Texas Department of Transportation (TXDOT) for construction of a third 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 right-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 to verify 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-A, plat SP-1, H. Williams Survey, Abstract 56, Beaumont, Jefferson County, Texas, containing 8.66 acres, more or less. ANALYSIS CONDITIONS FOR APPROVAL OF SPECIFIC USE PERMIT (SECTION 28-26.E, ZONING ORDINANCE) Application Application Discussion is in is not in in Staff compliance compliance Report Conditions: 1. That the specific use will be compatible with and not injurious to the use and enjoyment of other property, or significantly diminish or impair property values within the immediate vicinity; X 2. That the establishment of the specific use will not impede the normal and orderly development and improvement of surrounding vacant property; X 3. That adequate utilities, access roads, drainage and other necessary supporting facilities have been or will be provided; X 4. The design, location and arrangement of all driveways and parking spaces provides for the safe and convenient movement of vehicular and pedestrian traffic without adversely affecting the general public or adjacent developments; X 5. That adequate nuisance prevention measures have been or will be taken to prevent or control offensive odor, fumes, dust, noise and vibration; X 6. That directional lighting will be provided so as not to disturb or adversely affect neighboring properties; X 7. That there are sufficient landscaping and screening to insure harmony and compatibility with adjacent property; and, X 8. That the proposed use is in accordance with the Comprehensive Plan. X • GENERAL INFORMATION/PUBLIC UTILITIES APPLICANT: Hani Tohme for Zulag Properties, L.L.C. PROPERTY OWNER: Zulag Properties, Inc. (Muhammed Kapadia) LOCATION: 3100 N. Major Drive EXISTING ZONING: GC-MD-2 (General Commercial Multiple-Family Dwelling-2) PROPERTY SIZE: —8.66 acres, more or less EXISTING LAND USES: Under Development FLOOD HAZARD ZONE: X—Area determined to be outside the 500 year floodplain. SURROUNDING LAND USES: SURROUNDING ZONING: NORTH: Vacant GC-MD (General Commercial Multiple-Family Dwelling) EAST: Residential RS (Residential Single Family Dwelling) SOUTH: Commercial RM-H (Residential Multiple Family—Highest Density) WEST: Residential GC-MD-2 COMPREHENSIVE PLAN: Neighborhood Growth Unit STREETS: Major Drive: Major Arterial with 4 lanes DRAINAGE: Open ditch WATER: 24" water line at Major Drive SANITARY SEWER SERVICE: 54" sanitary sewer line at Major Drive • PROPERTY OWNERS NOTIFIED WITHIN 200 FEET SHIPPER KENNETH E & ROBBIE L WESTCHASE PROPERTY HOMEOWNERS SMITH RONALD G SMITH GREGORY D BOLTON DARWIN H &CINDY GERACE CARLJ & MARY OJEMENI JOSEPH E DELAWARE EXTENSION DEVELOPMENT MADISH INVESTMENTS LTD ZULAG PROPERTIES LLC P & N SANDHAR INVESTMENTS CNA RENTAL MANAGEMENT LLC CNA RENTAL MANAGEMENT LLC BEAUMONT Planning & Community Development Case Type:Planning and Zoning Case Status: REVIEW Case Sub Type:Specific Use Permit Tag Name:AMENDED SUP-allow a 3rd driveway Case#: PZ2024-325 on N Major Drive Location: 3100 N MAJOR DR, BEAUMONT, 77706 Initiated On: 10/25/2024 6:31:46PM Individuals listed on the record: Applicant Hani Tohme Home Phone: 85 Interstate Frontage Rd.Suite 204A Work Phone: Beaumont,TX 77707 Cell Phone: 409-782-9520 E-Mail: tohmehani@yahoo.com Property Owner Zulag Properties, LLC Home Phone: Missing Address,City,State,or Zip Code in People Work Phone: Cell Phone: E-Mail: Case Type:Planning and Zoning Page 1 of 3 Case#:PZ2024-325 Printed On: 11/12/2024 • BtMUMONT Planning & Community Development Legal Description H WILLIAMS ABS-56 TR 82-A SP-1 8.660 AC FEE 614 AGR 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 owned 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 BtUMONT 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 directional 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 properties LED with properly designed luminous in order not 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 1"irrigation water meter with an RPZ 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#:PZ2024-325 Printed On: 11/12/2024 Property Owner Zulag Properties,LLC Developer/Business Owner Muhammad kapadia Proposed Project: Truck Delivery Driveway for Shopping Center Proposed Project Location: 3100 North Major Drive,Beaumont,Texas 77713 October 15,2024 We are requesting a Specific Use Permit for an additional truck delivery driveway for a shopping center under construction located at 3100 North Major Drive,Beaumont,Texas 77713. The City Council approved a specific use permit for a shopping center and single-family home subdivision located at 3100 North Major Drive. The Texas Department 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 mixture 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. The shopping center's 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. Thank you so much for this wonderful opportunity. As the owners of Zulag 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. Owner/Developer GTC HAM.7igRAE _.At _ � f'��oNn�c Dale:to s I W E: iuAosc�ci isri.woi:'v�T�•-'••••�•�•••�•.•••�••••-.••,� n not I C •iUNp$C.VE tY. C W �J. :ra so r- • ie % /'.':;.,.p,eL 2 :;' .LJ T2 / I; a2a1f0p R. ;'%;,'' ..$ ,,-Y .0.25 AC.RLS • �'�':/�'�Q23 Ag1E5 t �... • i 5.. I ne.:.. r ,m,.. w Ni. .a E. time' 6} • _° 1. 8.�_..., ➢_ Og0 1 �S• 1- ❑ N _ b.�6: b, h,i mr .L�.,77 Y _ -❑ tl➢ b.i__/, � m W c. ,Cr- __ pr ti I— I. �� il ii I �, g .. ® rz o� a � - 6 g g m�a ,� Iso g g" n g ...._'' U IiT❑®or • • •T , �'�r 27 ::.;: N= E . —--s WATER DNEp �R? �� _ _%��r ._.sue ®• ��'•�s��-� �o.r ��99P.� v) O PROPERTY LINE ""'"II � ,,.,,,.,.,_. W.tEP I NE.. - a'. ._ "42 �.. �� J I = Q -�111.. urs.m AM I I _ .I I I I III II I �a,.WOE U.A`'c_-Y'III nrr.r.r,wr III 4„ Ili' n.ws.ao,adx..,. NI '° III 5 323.-G" . . 276' ��:'a tat I H Z E%ISTNC 'EXISTING 77' W O DRIVEWAY;, .,DRIVEWAYII 125-Y I 358 304-S 37.-4' PROPOSED 24-DOUBLE PROPOSED BARREL CULVERT TO MATCH -DELIVERY DRIVEWAY CULVERT DOWNSTREAM (THAT WILL BE GATED) SITE PLAN °°^°° ""'" SCALE 1:30 901 TOTAL PROVIDED PARKING: 216 .max. TOTAL REQUIRED PARKING: 100 .max.. UTE PLAN TX-1.0 PZ202,4-325: Request for an Amended Spei Use Permit to allow a retail shopping :er with N 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 0 200 l i i Feet 1 I [. ,l (17 t i \ 11111 \1� ;:Legend I! - i ® PZ2024-325 \ k GC-MD R-S R-S. 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