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HomeMy WebLinkAbout05-19-25 PC Minutes * M I N U T E S * JOINT PUBLIC HEARINGS PLANNING COMMISSION CITY COUNCIL City Council Chambers May 19, 2025 A Joint Public Hearing of the Planning Commission and City Council was held on May 19, 2025 and called to order at 3:00 p.m. with the following members present: Commission Members present: Chairman Sina Nejad Commissioner Johnny Beatty Commissioner Spencer Jabbia Commissioner Darius Linton Commissioner Lynda Kay Makin Commissioner Eddie Senigaur Alternate Commissioner Rogers Sorrell, Jr. Commission Members absent: Commissioner Hamza Jabbar Commissioner Shawn Javed Councilmembers present: Mayor Roy West Councilmember Cory Crenshaw Councilmember Chris Durio Councilmember Joey Hilliard Councilmember LaDonna Sherwood Councilmember A.J. Turner *arrived at 3:19 pm Councilmember Mike Williams Also present: Sharae Reed, City Attorney Kenneth R. Williams, City Manager Chris Boone, Assistant City Manager, Community Services Demi Engman, Director of Planning & Community Development Elayna Luckey, Planner Susan Smith, Recording Secretary APPROVAL OF MINUTES Commissioner Senigaur moved to approve the minutes of the Joint Public Hearings held on April 21, 2025. Commissioner Linton seconded the motion. The motion to approve the minutes carried 7:0. 1 $ Planning Commission $$$ May 19, 2025 Chairman Nejad welcomed the newly elected Councilmembers and thanked the out-going Councilmembers for their service. REGULAR MEETING 1) PZ2025-177: Request for approval of a plat for the street dedication of Wescalder Road and Pit Stop Road and dedication of a drainage way out of and part of Lot 5 and Lot 6, Block 8, Wescalder Fig Acres Addition, Beaumont, Jefferson County, Texas. Applicant: City of Beaumont Location: 2405-2499 Wescalder Road Mrs. Engman presented the staff report. In 2021, Scott Hollemon and the heirs of the A.J. Fasulo Estate requested that the City of Beaumont accept maintenance of the private drive located east of Wescalder Road and north of Baker Road, and its infrastructure. The Planning Commission tabled this request multiple times to allow for additional supporting data. On March 18, 2024, the Planning Commission recommended denial of the request. However on August 6, 2024, the City Council found the request to be in the best interest of the City, subject to certain conditions. A subsequent amendment to the original application included the dedication of the adjacent drainage way, also owned by the heirs of the A.J. Fasulo Estate. The City engaged Whitely Infrastructure group to complete the required plat work. With the dedication and acceptance of Wescalder Road, Pit Stop Road, and the drainage way, City crews will be able to begin \[`XdSefdgUfgdW!\[_bdahW_W`f*!S`V!a`Ya\[`Y!_S\[`fW`S`UW!i\[^^!TWUa_W!fZW!=\[fkoe!dWeba`e\[T\[^\[fk,! $ Slides of the site plan and subject property were shown. $ Planning staff recommended approval of the request. Nineteen (19) notices were mailed to property owners that reside along Wescalder Road. Four (4) responses were received in favor and zero (0) were received in opposition. Tom Rowe of Whiteley Infrastructure Group, 655 Langham Road, Unit 14, Beaumont, Texas addressed the Commission. He stated that the plat request will allow the City to accept maintenance of the private drive in order that it may proceed with infrastructure improvements and ongoing maintenance. Brief discussion followed concerning specifics of the request. Commissioner Linton moved to approve a plat for the street dedication of Wescalder Road and Pit Stop Road and dedication of a drainage-way out of and part of Lot 5 and Lot 6, Block 8, Wescalder Fig Acres Addition, Beaumont, Jefferson County, Texas, as requested in PZ2025-117. Commissioner Beatty seconded the motion. The motion to approve the request carried 7:0. 6$ $ Planning Commission $$$ May 19, 2025 2) PZ2025-144: Request for approval of a sidewalk waiver. Applicant: Nick Ferguson Location: 4390 West Cardinal Drive Chairman Nejad announced that he will abstain from voting on this item. Mrs. Engman presented the staff report. Nick Ferguson, on behalf of the ITEX Group, LLC, requests a waiver to the sidewalk requirement for a new multi-family development at 4390 West Cardinal Drive. D*2/!95,77371!,7.!C87371!-8663==387!6,B! LWUf\[a`!04,.1,..2&1'!aX!fZW!=\[fkoe!adV\[`S`UWe!efSfWe*! grant a waiver to the sidewalk requirement if the applicant can prove there is an engineering </,=87!08<!78>!37=>,55371!,!=3./A,54%E MZW!Sbb^\[US`foe!^WffWd!U\[fWe!fZW!Xa^^ai\[`Y8! 1. TxDOT does not permit sidewalks within their right of way, which restricts our ability to comply with the ordinance as originally intended. 2. If the sidewalk were moved behind the property line it would end abruptly at the DD6 ditch on the west side of the property rendering the sidewalk incomplete and impractical. The ditch presents a significant physical barrier, further complicating the sidewalks implementation. 3. On the east side of the property, there is a vacant lot with no connecting sidewalk and is densely wooded. This further complicates the continuity of pedestrian access, as it would require additional adjustments that are not feasible without creating unnecessary hardship. MZW!=\[fkoe!MdSXX\[U!?`Y\[`WWd!dWh\[WiWV!fZW!dWcgWef!S`V!VaWe!`af!egbbadf!fZW!iS\[hWd*!`af\[`Y!fZSf!fZW! reasons provided do not constitute valid engineering barriers to sidewalk construction. Although the original plan placed the sidewalk within TxDOT right-of-way, TxDOT denied that location. Slides of the site plan and subject property were shown. Planning Staff recommended denial of the request. The applicant was present. Nick Ferguson, 3735 Honeywood Trail, Port Arthur, Texas addressed the Commission. He stated that TxDOT denied the location of the sidewalk, therefore, the installed rebar was removed. Mr. Ferguson further stated that the property line extends across the ditch and installation of a sidewalk would a ^^ai!S!UdaeeiS^\]!_ah\[`Y!XadiSdV,!BW!S^ea!efSfWV!fZSf!S!/3o!gf\[^\[fk! easement exists along the south side of the property. Further discussion followed concerning specifics of the request. Commissioner Seniguar moved to deny the request for approval of a sidewalk waiver, as requested in PZ2025-144. Commissioner Linton seconded the motion. The motion to deny the request carried 6:0:1 (Nejad). 7$ $ Planning Commission $$$ May 19, 2025 JOINT PUBLIC HEARINGS Mayor West called the Joint Public Hearings of May 19, 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. 3) PZ2025-115: Request for approval of a Specific Use Permit to allow a retail store in a GC-MD-2 (General Commercial-Multiple Family Dwelling-20 District. Applicant: Brandy Tarver Location: 3825 W. Lucas Drive Mrs. Engman presented the staff report. Brandy Tarver requests a Specific Use Permit to open a retail beauty supply store to be located at 3825 W. Lucas Drive, Suite D. The GC-MD-2 (General Commercial- Multiple Family Dwelling-2) zoning district requires a Specific Use Permit for all new proposed land uses. The store will sell a variety of hair and beauty products. Slides of the site plan and subject property were shown. Planning staff recommended approval of the request, with the following conditions: 1. Plans must meet all requirements by Water Utilities for any water and sanitary sewer improvements, including any require-treatment, and/or _W`fe!aX!fZW!=\[fkoe!TSU\]X^ai*!bdW FOG program. 2. Compliance with all applicable building and fire Codes. Seventeen (17) notices were mailed to property owners within two hundred (200) feet of the subject property. Five (5) responses were received in favor and zero (0) were received in opposition. The applicant was present. Brandy Tarver, 3825 W. Lucas Drive, Suite D, Beaumont, Texas addressed the Commission. She stated that salon services will not be offered at the location and only hair extensions and hair products will be sold. The public hearing on this item was opened and closed without comment. Commissioner Makin moved to approve the request for a Specific Use Permit to allow a retail store in a GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District, as requested in PZ2025-115, with the following conditions: 1. Plans must meet all requirements by Water Utilities for any water and sanitary sewer ow, pre-treatment, and/or \[_bdahW_W`fe*!\[`U^gV\[`Y!S`k!dWcg\[dW_W`fe!aX!fZW!=\[fkoe!TSU\]X^ FOG program. 2. Compliance with all applicable building and fire Codes. 8$ $ Planning Commission $$$ May 19, 2025 Commissioner Seniguar seconded the motion. The motion to approve the request carried 7:0. 4) PZ2025-126: Request for approval of a Rezoning of approximately 366 acres from R-S (Residential-Single Family Dwelling) and A-R (Agricultural-Residential) Districts to PUD (Planned Unit Development) District. Applicant: Acadia Dowlen, LLC by Sam Yager III Location: 366.06 acres at approximately the southwest corner of Dowlen Road and Delaware Street Mrs. Engman announced that this item has been tabled to the June 16, 2025 Planning Commission meeting. $ 5) PZ2025-135: Request for approval of a Rezoning of property from R-S (Residential- Single Family Dwelling) District to PUD (Planned Unit Development) District and a Specific Use Permit to approve the general land use and density plan. Applicant: META Planning + Design Location: 87.28 acre tract at approximately the northwest intersection of Northwest Parkway and Pointe Parkway Mrs. Engman announced that this item has been tabled to the June 16, 2025 Planning Commission meeting. $ 6) PZ2025-150: Request to S_W`V!=ZSbfWd!06*!LWUf\[a`!06,.1,.01&W'!aX!fZW!=\[fkoe!=aVW!aX! Ordinances to ban gaming sites and gaming machines in order to comply with the Texas Constitution. Applicant: City of Beaumont Mrs. Engman presented the staff report. In the City of Fort Worth v. Rylie case, the Texas Court of Appeals affirmed that cities in Texas may enforce local restrictions on gaming machines, and that unless the state constitution is amended, eight-liners remain illegal as unconstitutional lotteries because they involve elements of chance, consideration, and prize. The court concluded that these -game _SUZ\[`We!SdW!`af!bdafWUfWV!g`VWd!fZW!efSfWoe!mXgllk!S`\[_S^n!WjUWbf\[a`!ad!dWYg^SfWV!e\]\[^^ eld and not preempted efSfgfWe,!!MZWdWXadW*!@adf!OadfZoe!U\[fk!adV\[`S`UWe!dWYg^Sf\[`Y!fZW_!iWdW!gbZ by state law. However, the State Comptroller continues to issue permits and decals for amusement redemption devices, also known as gaming machines or 8-liners. ies the zoning districts C`!=ZSbfWd!06!aX!fZW!=\[fkoe!Ra`\[`Y!=aVW*!fZW!JWd_\[ffWV!NeW!MST^W!\[VW`f\[X where gaming sites and machines are allowed. Should the Planning and Zoning Commission and City Council wish to ban gaming sites and gaming machines to operate within city limits, the permitted use table must be amended to reflect such a decision. Mrs. Engman further gave a presentation of the requested item. The presentation included the current ordinance requirements with City Attorney Reed discussing the City of Fort Worth v. Rylie case regarding gaming machines. Mrs. Engman also presented the history of the ordinance, policy options, and the next steps moving forward. 9$ $ Planning Commission $$$ May 19, 2025 Mrs. Engman explained the options for Commission consideration: 1. Ban gaming sites and gaming machines within the city limits of Beaumont; or 2. Amend the permitted use table to only allow gaming sites within industrial zoning districts; or 3. No change Planning staff recommended approval of the request. All Game Room owners have been notified of this item by regular mail using the addresses on file. Brief discussion followed concerning the request options. Police Chief Tim Ocnaschek discussed crime relating to game rooms and presented a map for the violation enforcement measures as it relates =a__\[ee\[a`Wdoe!dWh\[Wi*!i\[fZ!Gde,!?`Y_S`!V\[eUgee\[`Y! to operating permits. Assistant Police Chief Jason Plunkett discussed prior operations relating to ordinance compliance. Assistant Fire Chief Scott Wheat and Game Room Administrator Lindsey Gilbreath discussed game room inspections, required security systems, employee badges, the permitting process, and other on-site game room requirements. The public hearing on this item was opened. Attorney Scott Renick, 1420 Wellington Circle, Beaumont, Texas addressed the Commission. Mr. Renick stated the he is present on behalf of business owners who are legally and responsibly operating with five or fewer of the accessory gaming devices. Mr. Renick spoke to the businesses that have made significant investments to comply with the ordinance. He further =\[fkoe!YS_\[`Y! stated that there is no evidence that crimes are related to gaming sites. Mr. Renick also stated that his clients are opposed to the ordinance amendment. He stated that gaming machine supplemental income allows the stores to remain open and loss of that revenue will be a hardship for the business owners. Mr. Renick further stated that should a store close, it will might not be able to reopen due to economics of the area it serves. He also stated that the stores provide jobs for the community and there is no basis in which to repeal the ordinance. Mr. Renick further stated that the majority of his clients live locally and instructed the affected business owners present in the audience to stand. Don Dodd, 1635 Weston Court, Beaumont, Texas addressed the Commission. Mr. Dodd spoke to the disadvantages of allowing game rooms/gaming machines. He further stated that he does not think Beaumont should have game rooms or gaming machines in stores and has witnessed cash prizes being paid to winners. :$ $ Planning Commission $$$ May 19, 2025 Chairman Nejad made a motion to allow the speaker additional time in which to speak. Mr Dodd further stated grandfathered businesses that are being closed due to violations are reopening within days with an LLC being listed as the owner, rather than an individual person. He also stated that they are operating as casinos by paying out cash money to winners. Francis Graham, 1761 Rena Street, Beaumont, Texas addressed the Commission. Ms. Graham stated that she is opposed to the operation of game rooms/gaming machines due to crime and its economic effect. Wilma Adilow, 5275 Meadowview Road, Beaumont, Texas addressed the Commission. She stated that she is opposed to the operation of game rooms/gaming machines as it is prioritizes profit over people by targeting working-class areas, creating an environment that often leads to increased crime, gambling addiction, and economic hardship. Chairman Nejad requested that a business owner address the Commission as to the amount of revenue generated by gaming machines. Afaq Arshad, 7215 Brazos Avenue, Port Arthur, Texas addressed the Commission. Mr. Arshad stated that his store operates five gaming machines and that the daily revenue generated from the gaming machines will pay the wages of one employee. He further stated that smaller stores do not have much revenue and the operation of gaming machines provides them with needed additional revenue. The public hearing on this item was closed. Commissioner Makin moved to approve the request to S_W`V!LWUf\[a`!06,.1,.01&W'!aX!fZW!=\[fkoe! Code of Ordinances to ban gaming sites and gaming machines in order to comply with the Texas Constitution, as requested in PZ2025-150. Commissioner Jabbia seconded the motion. The motion to approve the request carried 7:0. OTHER BUSINESS None. THERE BEING NO FURTHER BUSINESS, THE MEETING ADJOURNED AT 4:18 P.M. <$ $