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HomeMy WebLinkAbout03-17-25 PC Minutes * M I N U T E S * JOINT PUBLIC HEARINGS PLANNING COMMISSION CITY COUNCIL City Council Chambers March 17, 2025 A Joint Public Hearing of the Planning Commission and City Council was held on March 17, 2025 and called to order at 3:05 p.m. with the following members present: Commission Members present: Chairman Sina Nejad Commissioner Johnny Beatty Commissioner Hamza Jabbar Commissioner Spencer Jabbia Commissioner Shawn Javed Commissioner Darius Linton Commissioner Lynda Kay Makin Commissioner Eddie Senigaur Alternate Commissioner Rogers Sorrell, Jr. Commission Members absent: Commissioner Tom Noyola Councilmembers present: Mayor Roy West Mayor Pro-Tem Taylor Neild Councilmember Randy Feldschau Councilmember Mike Getz Councilmember Audwin Samuel Councilmember A.J. Turner Also present: Tom Duesler, Senior Assistant City Attorney Kenneth R. Williams, City Manager Demi Engman, Director of Planning & Community Development Elayna Luckey, Planner Susan Smith, Recording Secretary APPROVAL OF MINUTES Commissioner Jabbar moved to approve the minutes of the Joint Public Hearings held on February 24, 2025. Commissioner Makin seconded the motion. The motion to approve the minutes carried 8:0. 1 $ Planning Commission $$$ March 17, 2025 REGULAR MEETING 1) PZ2025-47: Request for approval of a Preliminary Plat of The Whispering Heights, Phase II, Beaumont, Jefferson County, Texas. Applicant: Tabitha Haygood of Fittz and Shipman, Inc. Location: Extension of Mumtaz Drive to the north Mrs. Engman presented the staff report. Tabitha Haygood, of Fittz & Shipman, Inc. requests approval of the Preliminary plat for Whispering Heights, Phase II. Conditional approval was previously granted in April of 2022. However, no final plat has been recorded prompting the renewal of the Preliminary Plat in compliance with section 26.02.002(c) of the Code of Ordinances which states T**!29BDMJ>!LG!HJ>H9J>!9!?BF9D!HD9L!9F=!A9N>!BL!J><GJ=>=!BF!9<<GJ=9F<>!OBLA!LA>! provisions of this chapter within twenty-four (24)months from the date of preliminary plat appr GN9D!KA9DD!J>KMDL!BF!LA>!>PHBJ9LBGF!G?!LA>!HJ>NBGMK!9HHJGN9D*U The development is located north of Rehan Wood Street. The 5.53 acre development will feature eighteen (18) new residential single family lots, in an R-S (Residential Single-Family Dwelling) zoning district. The proposed residential streets Taher Wood and Yasmin Wood Street will have a 50 ft. right-of-way with a 27 ft. pavement width. All lots will access Pointe Parkway via the extension of Mumtaz Drive and the existing Rehan Wood Street. Water and sewer will be provided by extension of City utilities. Section 26.03.002(4) states, T1GDD><LGJ!KLJ>>LK!9F=!EBFGJ!<GDD><LGJ!KLJ>>LK!KA9DD!:>!<GFKLJM<L>=!BF! new subdivisions by the subdivider. A street serving more than sixty-four (64), but less than four hundred fifty (450) dwelling units, shall be a minor collector street with a right-of-way of no less than sixty (60) feet and a thirty-six- ?GGL!?9<>!G?!<MJ:!LG!?9<>!G?!<MJ:!H9N>E>FL*!*!*U Section 26.03.008(a)(2) states, d at all intersections and at additional T5LJ>>LDB@ALK!KA9DD!:>!BFKL9DD> locations not less than two hundred (200) feet apart. Locations shall be designated so as to provide 9F!9N>J9@>!K>H9J9LBGF!G?!9HHJGPBE9L>DQ!LOG!AMF=J>=!?B?LQ!&,.+'!?>>L*U Section 26.03.11 states, easements and water and sewer facilities shall be provided by the T7LBDBLQ! subdivider in accordance with the standards and specification for minimum water and sanitary K>O>J!J>IMBJ>E>FLK!GF!?BD>!BF!LA>!G??B<>!G?!LA>!O9L>J!MLBDBLB>K!=BJ><LGJ!?GJ!LA>!<BLQ*U Section 26.02.001 states, the subdivider shall submit a master or tentative plan for all TS contiguous property owned or intended for development by the subdivider as required by the secretary of the planning commission. The plan shall show a proposed future street system and lot pattern sufficient for the secretary of the planning commission to review the proposed development for general compliance with respect to surrounding land use, street connections, utilities, drainage facilities and park and open space need K*U Slides of the site plan and subject property were shown. Planning staff recommended approval of the request with the following conditions: 6$ $ Planning Commission $$$ March 17, 2025 1. Correct the right-of-way width and pavement width for Mumtaz Drive to be in compliance with Section 26.03.002(4). 2. Space streetlights to meet City Subdivision Ordinance requirements. Revise the streetlight layout plan to meet City Ordinance requirements. 3. Construction plans must meet all requirements by Water Utilities for water and sanitary sewer -flow, pre-treatment and/or FOG bTaeXRTb(!X\]R\[dSX\]V!P\]h!aT`dXaT\\T\]cb!^U!cWT!:Xchmb!QPRZ program. 4. Relocate the sanitary sewer service connections to be offset from the telecom and energy easement for Blocks 5-7, as shown in detail H-29 in the submitted construction plan set. 5. Submit an updated master plan prior to the recordation of the plat. A representative of the applicant was present. Bernardino Tristan of Fittz and Shipman, Inc., 1405 Cornerstone Court, Beaumont, Texas addressed the Commission. He stated that construction plans have been submitted and construction has begun. Mr. Tristan further stated that the two-year span for the Preliminary Plat has expired. Commissioner Makin moved to approve the request of a Preliminary Plat of The Whispering Heights, Phase II, Beaumont, Jefferson County, Texas, as requested in PZ2025-47, with the following conditions: 1. Correct the right-of-way width and pavement width for Mumtaz Drive to be in compliance with Section 26.03.002(4). 2. Space streetlights to meet City Subdivision Ordinance requirements. Revise the streetlight layout plan to meet City Ordinance Requirements. 3. Construction plans must meet all requirements by Water Utilities for water and sanitary sewer services, -flow, pre-treatment and/or FOG X\]R\[dSX\]V!P\]h!aT`dXaT\\T\]cb!^U!cWT!:Xchmb!QPRZ program. 4. Relocate the sanitary sewer service connections to be offset from the telecom and energy easement for Blocks 5-7, as shown in detail H-29 in the submitted construction plan set. 5. Submit an updated master plan prior to the recordation of the plat. Commissioner Seniguar seconded the motion. The motion to approve the request carried 8:0. JOINT PUBLIC HEARINGS Mayor West called the Joint Public Hearings of March 17, 2025 to order at 3:15 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. 7$ $ Planning Commission $$$ March 17, 2025 2) PZ2025-25: Request for a Rezoning of an R-S (Residential Single-Family Dwelling) zoning district to a GC-MD (General Commercial-Multiple Family Dwelling) zoning district. Applicant: Jaramillo Lucas Location: 6690 Rebecca Lane Mrs. Engman presented the staff report. This application was tabled at the February 24, 2025 meeting of the Planning Commission to allow the applicant time to provide additional information. The information requested from the applicant after the meeting and their responses are listed below: 1. How many employees are there? 3 to 5, sometimes he has three, sometimes five. ( 2. What are the office hours? 8:00 am to 4:30 pm. ( 3. How long has the business been operating? Lucas Lawn Service & Landscaping LLC has been operating as a commercial ( business at 6690 Rebecca Lane since early 2025. An Assumed Name certificate was filed in Jefferson County on October 16, 2019 listing Lucas Lawn Service at 6690 Rebecca Lane. The LLC was recorded and filed in March of 2023. 4. Where was the business prior to it being at this location? Nowhere, Jaramillo Lucas preciously worked for Allco Construction. He began ( business in early 2025. 5. What was the property owner occupation prior to the landscaping business and did he use the property for any prior businesses? He worked for Allco Construction for 8-10 years and no. j ( 6. How long has the property owner been in the landscaping business? Since he began operating Lucas Lawn Service & Landscaping in early 2025. ( 7. Are there any loud noises at this location during business hours? No. They never start the equipment there. They put it in a trailer and bring it to ( the jobs. 8. How long is the gate along Comstock Road? Approximately 15 feet. ( Property Owner Jaramillo Lucas, is requesting a rezoning for the 1.08- acre property at 6690 Rebecca Lane, located at the intersection of Rebecca Lane and Comstock Road. Mr. Lucas seeks to change the zoning from R-S (Residential Single Family Dwelling) to GC-MD (General Commercial Multiple Family Dwelling) or a more restrictive zoning district. This request follows j a violation notice from the Planning Department, indicating that his business T3M<9K!39OF!5>JNB<>! is not in compliance with %!39F=K<9HBF@!331U! cWT!:Xchmb!PS^_cTS!:^ST!^U!GaSX\]P\]RTb*!KWXb! notification came following a report from the Cities Heavy Trash operators that the location was putting lawn service debris to the street weekly for pick up. The rezoning request is intended to allow his business to continue operating at this location. If -density commercial P__a^eTS(!cWXb!aTi^\]X\]V!R^d\[S!aTbd\[c!X\]!kb_^c!i^\]X\]Vl(!X\]ca^SdRX\]V!P!WXVW 8$ $ Planning Commission $$$ March 17, 2025 use(s) into a predominantly single-family residential area. This includes surrounding properties, such as Lefler Park to the west. The proposed rezoning is not consistent with the Comprehensive Plan for Beaumont and may violate Chapter 211 of the Local Government Code. According to the Comprehensive Plan the property Xb!\[^RPcTS!fXcWX\]!P!kJcPQ\[T!8aTPl(!fWXRW!Xb! characterized by good to excellent structural conditions and neighborhoods that are free from k blighting influences, such as incompatible land uses, dilapidated buildings and a deteriorated or poor public infrastructure. Vacant parcels which may exist are good to excellent development sites-family homes in the area align with the *l!KWT!TgXbcX\]V!aTbXST\]cXP\[!i^\]X\]V!SXbcaXRc!P\]S!bX\]V\[T intent of the Comprehensive Plan. Slides of the site plan and subject property were shown. Staff recommended denial of this request. Thirteen (13) notices were mailed to property owners within two hundred (200) feet of the subject property. Zero (0) responses were received in favor and zero (0) were received in opposition. The applicant was not present. The public hearing on this item was opened and closed without comment. Commissioner Linton moved to deny the request for a Rezoning of an R-S (Residential Single- Family Dwelling) zoning district to a GC-MD (General Commercial-Multiple Family Dwelling) zoning district, as requested in PZ2025-25. Commissioner Senigaur seconded the motion. The motion to deny the request carried 8:0. 3) PZ2025-41: Request for a Specific Use Permit to allow a liquor store in a GC-MD-2 (General Commercial Multiple Family Dwelling-2) District. Applicant: Mohammad Ali Tejani Location: 3100 N. Major Drive, Suite 2-100 Mrs. Engman presented the staff report. Mohammed Ali Tejani is requesting approval of a Specific Use Permit to allow a retail liquor store to be located at 3100 N Major Drive, Suite 2-100. Tejas Liquor would be open Monday through Saturday from 10 a.m. to 9 p.m. and closed on Sundays. They will offer sodas, drink mixes, beer, wine, and other spirits. Slides of the site plan and subject property were shown. Staff recommended approval of the request with the following conditions: 1. Construction plans must meet all requirements by Water Utilities for water and sanitary -flow, pre-treatment and/or bTfTa!bTaeXRTb(!X\]R\[dSX\]V!P\]h!aT`dXaT\\T\]cb!^U!cWT!:Xchmb!QPRZ FOG program. 9$ $ Planning Commission $$$ March 17, 2025 2. Shall comply with all applicable Building and Fire codes. Forty-two (42) notices were mailed to property owners within two hundred (200) feet of the subject property. Two (2) responses were received in favor and five (5) were received in opposition. Mrs. Engman read the responses. The responses in favor stated that there was no problem whatsoever with the request and the responses in opposition stated that there are already enough liquor stores, the stores are linked with crime, and it is too close to single-family homes and children. The property owner and representative of the applicant were present. Tony Ashrafi (property owner), 3100 N. Major Drive, Beaumont, Texas and Karim Tejani (representative), 7030 Habersham Avenue, Sugar Land, Texas addressed the Commission. Mr. Tejani stated that he owns and operates eighteen liquor stores within the Beaumont area. He further stated that the store will sell liquor, soda, and water. Mr. Tejani also stated that a security camera system will be installed. Brief discussion followed relating to crime and noise concerns. The public hearing on this item was opened and closed without comment. Commissioner Seniguar moved to approve the request for a Specific Use Permit to allow a liquor store in a GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District, as requested in PZ2025-41, with the following conditions: 1. Construction plans must meet all requirements by Water Utilities for water and sanitary sewer -flow, pre-treatment and/or bTaeXRTb(!X\]R\[dSX\]V!P\]h!aT`dXaT\\T\]cb!^U!cWT!:Xchmb!QPRZ FOG program. 2. Shall comply with all applicable Building and Fire codes. Commissioner Makin seconded the motion. The motion to approve the request carried 8:0. OTHER BUSINESS 1) Workshop to discuss entertainment overlay districts and planning studies. Mrs. Engman presented the Workshop by discussing the characteristics, differences, and overlapping aspects between the Comprehensive Plan, Entertainment District, and Planning Study. THERE BEING NO FURTHER BUSINESS, THE MEETING ADJOURNED AT 3:43 P.M. :$ $