Planning Commission Meeting June 26, 2023 | City of Beaumont, TX

foreign good afternoon sir how's it going okay great to see you well good afternoon gentlemen ladies and Gentlemen by the power of rested in me and approval from Mr perigi we're going to start having some fun uh this is the City of Beaumont joint public hearing of the planning and zoning and city of city council meeting and my name is Cena nejat I have the privilege of chairing the meeting we ask if you would call the roll please commissioner Linton here commissioner Macon commissioner noyola is absent and commissioner senegar is absent uh great all of you uh the members of the committee have been given the uh minutes of the last meeting uh I would look for a motion to approve if there is no changes or recommendations motion to approve the minutes we have a motion and a second to approve any discussion all in favor say aye aye and in opposition the ice habit thank you for those of you uh audience please make sure that you have your phone on silence if you please and when it comes for you to come and speak uh please make sure that you comply with the three minutes time limit for your presentation with that said we're going to get started with the first item of the regular meeting pz2023-203 good afternoon the first item is for an abandonment of portions of South Archie and Home Street the City of Beaumont is requesting to abandon the rights away once abandoned an exchange of this property has been arranged to provide additional parking for the event center and Lakeside Center um Center Point is asking for a blanket a utility easement on these properties and all items were sent to very interested about um party I do have some slides for you there we go the property outline in red are the rights away that are proposed for abandonment and this is track one there's track two it's a portion of South Street track three is also a portion of South Street and then we have portions of Archie Street and Home Street I have some photos of Those portions of the right away um just to skim through this is South Street this is also South Street um this is just looking south from below the Event Center across where rtn homes would be located and that's all the photos that I have and I've received one response in favor and see your own opposition of this application are there any questions I can answer for you you said this went to Center Point or we send every application for abandonment to all interested properties parties which would include the utility companies anyone who might have utilities located in them and Center Point did respond saying they have utilities and portions of I think South Street they said and they were just asking for an easement and we were planning to retain all of these as a blanket Utah to Eastman I believe anyway so this doesn't require a public hearing does it I don't think so it doesn't have it in here well great uh we heard from the staff and is in regard with the abandonment portion of the streets and uh with that said I'll look for emotion motion to approve second we have a motion to approve and the second any discussion all in favor Mr chairman you still have to ask is there anyone who wants to speak for or against clarify public hearing would be where it's with um you know if it requires discussion but you do have to ask if there's someone who wants to speak for or against just as a matter of practice sorry so is there anybody in the audience that would like to speak for or against this fifth all right the opponents will come up and and give us that information while you're here anyway great and your name and address please there we go my name is Edward Brown I'm with the city of Walmart water utilities department at 1315 Langham Drive perfect uh we're just wanting a clarification for that easement blanket easement because the city also has a water utilities within homes and South Street explain what you mean by a definition of a blanket utility I would assume means the entire property that's proposed for abandonment is that a blanket utility for Center Point or for also the city too I would say it's for all utilities for all utilities to all the Departments essentially yes sir Well it can't be blanket it needs to be the the size and location is defined but the purpose could be for all utilities right that's what it needs to be I'm sure that's what it would be so for clarification you can't have a blanket easement you need to have it defined so if it's a utility easement and it's available for all utilities then that's one thing but we need to know you I wouldn't allow you so a utility has been is that what we need to call it then yes okay if the purpose is to be used for utilities yes it needs to be called a utility easement and it's defined what uh what agencies have access to it so if it's just going to be typically our utility easements do involve Center Point and other um other utilities just for the ease of of it but if it's a water line sewer line so the condition would would I guess I'm assuming would read uh an easement for the uh Center Point City of Beaumont and into Jeep perhaps so you can catch all of them hey Villarreal and Antoinette Hardy to come up to the podium to make this easier good afternoon Molly Villarreal city engineer 801 Main Street Beaumont I believe it'd be more proper to retain a general utility easement for this abandonment request so we would give up we would abandon the right away but retain the general utilities which I think that's how it normal it's a normal process what's the difference between General and blanket you want the short answer or the long answer I want the one that you're going to be happy so we can go home uh we don't accept blanket easements and blanket easings are clearly defined but General is basically the same the general easement will generate utility easement when you do a blanket easement that's not defined and that's not a normal term well you know this is engineer that's not a normal acceptable term in the industry have utility attached to it yes so a general just the term General is the general term that's accepted and practical in the restricting role as opposed to an exclusive water line easement or exclusive sanitary sewer easement which is pretty common but for these type of roadway abandonments we typically retain a general utilities and that's just that's just the quote-unquote proper noun for it the disconnect was General easement or general utilities man I've got it yes okay perfect blanket yeah thank you very much so uh you're going to amend this to with one condition yes sir okay and who had the motion I did okay and you understand that we're gonna add a general utility easement to it right and who's second and you do understand that also thank you okay now that we had the discussion out of our way and everybody understands she is going to change the text and with that I would uh call for a vote all in favor say aye aye Indian opposition the eyes have it thank you we're going to go to pz2023210 thank you foreign pz 2023-210 is a request for a sidewalk waiver the sidewalk in question would be along 6th Street from Washington Boulevard to the north along the west side of 6th Street Don King a visit shipment Incorporated requests a waiver of the sidewalk requirement for the restaurant to be located at 3120 Washington Boulevard if approved the request would allow the sidewalk to be waived along 6th Street um engineering staff has reviewed the request for the sidewalk waiver and they state that Mr King's letter does not provide an engineering reason for which a sidewalk cannot be constructed along 6th Street that coverts will need to be installed in the existing open ditch to accommodate the proposed sidewalk installing culverts has proven to be feasible by the existing Culvert and surface Inlet located in the Southeast corner of the property the existing open ditch serves as a relatively small drainage area therefore installing culverts is not anticipated to negatively impact the overall drainage um so planning staff recommends denial of the request and I do have just a couple of photos for you like I said the the property in question is outlined in red and the proposed sidewalk would be along the east edge of that red area West edge of 6th Street and it was raining tarantially that day so this is the best photo I could get but I did get a street view that might show you a little better wear that sidewalk would go and it would be there along the edge of Sixth Street that you see to the left side of the photo okay so you determined that this was not enough engineering reason and more of a cost issue Maybe I believe that's one thing yes sir thank you uh is the applicant in the audience good afternoon uh good afternoon Bernardino Tristan with Fifth and Shipman at 1405 Cornerstone Court uh on behalf of the the applicant um Don King he's out on medical leave right now all right so you you do understand the uh the denial by the uh by the city do you have anything else that you want to add uh yes sir and just just the uh the property itself uh that that side of the uh right away it's about 115 linear feet of that in his current condition that the sidewalk would have to Bridge Over the ditch itself so that's a over 100 feet of linear feet of pipe that has to be installed plus the concrete on top all right so again that that seems like a uh Financial issue do you have an engineering reason that we we should accept uh not at this time other than that it's uh probably a swing of about twenty thousand dollars or so okay uh it's it's kind of unfortunate that it's going to cost you that much but I was hoping that you find an engineering reason for it for and for that reason I'm I'm not sure how we can help you but anyway thank you very much okay thank you sir uh we've heard uh let's see and this one doesn't require public uh all right uh so this would be the same as as a uh public comment right okay so is there anybody that would like to speak for or against this case good afternoon sir how are you today I'm Hal Guillory owner of the property in question Mr Gallery what is your address please 3120 Washington Boulevard all right okay uh they told me in the original meeting that to apply for a waiver for the sidewalk and uh I didn't go get your engineer and give me three reasons why you shouldn't have it there and uh Vincent Shipman gave him three reasons and it it leads to Nowhere at least to nowhere and there's no curving Gutter and there's no sidewalk on any any of the streets fifth sixth seventh eight nine ten there's no sidewalk on any of the side streets and uh anyway I was thinking that what is it my responsibility to put the culverts and and in the curb or is the city going to curb and gutter and then I put the gutter I mean the sidewalk how does that work the the ordinances are that any new construction would have sidewalks installed and unfortunately we're running to this quite often where there are properties that there is no adjoining sidewalks but it's going to have to get started somewhere and that's that's what the ordinance is reading if there was an engineering reason that it was impossible for you to install sidewalk then that that could have been considered by the commission unfortunately as your engineer said there is no engineering reason that you cannot install the sidewalk and is a financial burden on you and the financial burden doesn't come into one of the reasons that we can accept Okay so is the city going to curb and gutter it and then I put the sidewalk uh Molly you're still here right can you add to this equation a little bit I would appreciate it now uh good afternoon uh the ordinance does require for the new development that the developer be responsible for making those improvements to serve their development and to meet the letter of the ordinance therefore our waiver our response to his request for waiver is based on the ordinance of course the council and the commission are certainly able to overrule us but we have to base our response on the ordinance as it's currently written so the city would not plan to install any uh curb and gutter that would require a complete rebuild of the road but to fill in that ditch with a culvert the culvert's already stubbed out right there from the Washington project goes across that existing driveway there's a great Inlet there so the provision was already there established to be able to continue that Culvert buried under the dirt and place a sidewalk on top of it so that the pedestrians can travel safely so I need to install culverts and drain boxes per the ordinance as it's currently written so that was how we wrote Our response based on that I mean my drainage and everything is fine I had 10 loads of dirt and half George came out there and but it's got a grade on it everything draining into that ditch you know and uh like I said she went out there when it was raining water wasn't sitting and just I just don't think it's it's fair that I should do the city's job putting covers under there I can see the sidewalk but then the sidewalk leads to nowhere and there are no sidewalks on any of the number streets off of Washington Boulevard none they got it on Fourth and 11th that's it and all the other side streets have no sidewalks I understand thank you Molly anything else from you sir awesome uh again I I very well understand your your condition your situation is that's how the ordinance reading and for us to be able to improve we're going to have to start somewhere and this started a couple of three years ago and a lot of people like you get caught where they have to build sidewalks that there's no matching into it on the other side so I have to put covers and drain boxes yes and then put the sidewalk yes how far is the sidewalk supposed to be from I think as they lend to your your property out there I'll say away from the cupboards I'm not sure I'm not sure I'll be more than happy to get somebody with the city to to get with Fitz and shipment and help you out with that all right thank you thank you very much sorry that you have to be out that money we've heard from the uh applicant and also the city and um all right folks we've heard from the city and also the applicant and the city engineer and uh with that I would look out for motion well I feel bad for the applicant but we have to do what the ordinances say so I make a motion that we deny file pz 2023-210 again we have a motion and a second any discussion all in favor say aye depending opposition guys have it thank you we're going to go to pz2022-227 PC 2022 Dash thank you 2023 sorry 227 is a request by Richard Bartz Whiteley infrastructure group requesting approval of a reclat of Lot 36 in the lots 36a and 36B Glen Oaks Edition Beaumont Jefferson County Texas the purpose of the Plaid is to transfer approximately 0.2 Acres located at the rear of 4675 Glen Oaks Circle to 4645 Glen Oaks Circle the property to be transferred borders the rear of the two lots in between those two properties and plain staff recommends approval of the request and I have some slides in the um pipeline that you can see or the map the property outlined in red is the subject property as you can see currently it's attached to that more Northern piece of property that rear piece and on the plat they're drawing a line straight back on that piece of property and then attaching it to the property to the South the portion of the rear you can see it a little clearer in this this photo I've received zero responses in favor and zero in opposition and the applicants are in the audience good afternoon fine it has been a while so Tom Rowe with Wiley infrastructure group 655 Langham Unit 14 Beaumont Texas Adina can you go back to that first one sure there's a little bit easier so there's a Dina talked about that first track if you see is kind of unusual the way it wrapped around behind the subdivision the owner of that wishes to convey to the owner of Lot 36 at peace so it's kind of straightened up an odd shaped piece of property but they had reached some an agreement so there's existing homes or existing utilities so there's no changes to the infrastructure everything is there everything meets ordinances as far as setbacks it's just the owner of Lot 36 wishes to own that piece of property behind him yes sir right correct any questions thank you sir because the public hearing motion to approve second PC 2023-242 is a request to vacate Pates estate Mr Mrs Pate intended to build on the divided portion of the property in the future but did not realize that they would require be required to pay taxes separately in the meantime therefore they're asking to cancel the plat and re-establish the property as it exists prior to the recordation in the plaid and the plot was filed September 27 2019. they both signed the letter for the request and staff recommends approval of the request and you can see on the screen the property outlined in red are the two pieces that the plat divided the property into back in 2019 and here you have a shot of the actual plat that divided the property and this is what they wish to vacate okay any questions all right uh let's see is the applicant in the audience no great and this doesn't require public hearing so with that I would look for emotion motion to approve file pz 2023-242. second there's a motion and a second and a discussion thank you this concludes our Planning Commission meeting and now we're going to start the joint Planning Commission and the city council with that I would ask the honorable mayor Roy West to get us started Mayor West mayor Pro Tim duryeo councilmember Feld Shaw's absent councilmember Turner absent councilmember Neal councilmember Getz president and council member Samuel thank you for the city fantastic job Mr Mayor that's a great start hey okay we go to pz2023161 yes sir PC 2023-161 is a request by Jorge Batista requesting approval for a specific use permit to allow a drinking place located at 3035 College Street Suite A the applicant states that the hours of operation will be Sunday through Thursday 4 P.M to midnight with at least four to five staff including one security person for Friday and Saturday hours of operation will be 4 pm to 2 A.M with 8 to 10 staff including two to three security personnel the planning staff recommends approval of the request with the following conditions one construction plans must meet all requirements by water utilities for water and sanitary sewer services including any requirements by the city's backflow pre-treatment and or fog program number two final plans must be provided with the location of the equipment that will be used at The Establishment and number three all current barcodes will be applied IFC 2021 including possible requirement of a fire sprinkler system this is an assembly occupancy which has some of the strictest fire codes please note that funnel occupancy approval is subject to review and acceptance of submitted plans and field inspection to verify compliance with applicable codes and the planning like I said the planning staff recommends approval with the conditions I do have photos the property outlined in red is the subject property this is a site plan it is flipped upside down so the building on the left hand side of your screen is the actual building where the for the proposed business will be located and this is a little closer picture the one on the right there outlined in blue is where the the building that would be used this is a photo of the subject property this is to the West in the shared parking area that they'll be utilizing this is to the north across College and this is to the east the applicants are in the audience I've received zero responses in favor and zero in opposition for this request the distance between this property and the hospitals already reviewed yes sir whenever you measure um for eat maybe for alcohol consumption it would um go to the street and down to the street corner and then across the street and then back down the street and then to the hospital so and it only has to be 300 feet yeah yeah so it's a lot shorter as the fly Grows Right yes sir okay well great any questions for Adina is I have a question yes please will there be a food service at this establishment or it's just uh drinking only I'm not sure well we'll ask him in a minute all right any other questions for Edina okay is the African in the audience hey in the front row how's it going guys hello how you doing would you state your name and address for directions yes sir hello how you doing my name is Dylan uh we're on 30 35 College Street and this is Yuri I'm just translating here for him Mr Batista right yeah Bautista yes fantastic okay Nicholas yes ma'am okay great great so tell me about your Venture here my friend um well the plan is to create a lounge um where everybody like you know you haven't come in like after a long meeting enjoy yourself have a couple drinks smoke some hook and smoke a cigar whatever you want to do you know um and to answer your question the plan is not to make any food at the moment uh but if business goes and we get approved and everything goes well we want to have like some type of food truck outside have a taco have a burger or whatever you want to eat you know so the thing is to have at least every week and have a different type of food truck you know have local vendors show up sell their food get to get to known and as well help our business you know yep uh you guys from Beaumont here you live here uh we live in down in Port Arthur Port Arthur and do you have a bar right now of this type uh uh they don't know no so where is your experience coming from doing this type of work our experience well um we've we work at a bar okay we work at a bar um I DJ there he's one of the bouncers and he's also came up with some money like you know to create his own bar are you not next to a hookah bar over there where this location oh they used to be unclear yes sir I was going to say that's kind of close to another one like it so you're going to be serving alcohol and uh have you talked to your neighbors any is there any conflict anybody's upset about this no they haven't said anything good okay all right and you are going to have security during the week and you're going to multiply apply the security by two or three on weekends these are actually security people right not just somebody you call security yes sir they're going to be actual security okay all right any questions yes okay also you said that there was no food and it was alcohol is there going to be a ban or entertainment inside this facilities for noise you guys are going to have uh live live music we're gonna have DJs and hopefully bands as well ourselves looking at the diagram and if I'm not mistaken where I'm looking at the parking and the entrance the getting in and out of of off of College Street at that particular uh site um how many which what's your occupancy you're looking at um temperature they say about 60 around 80 people capacity okay have you already leased the space yes they have at least a spot already and it's starting from when when's your start date to move in as soon as we get an approval okay thank you you're welcome any other questions for the gentleman I have a comment a question Adina you mentioned that they would be able to smoke cigars or something to that effect okay that's the first we're hearing and that you may need to check with the fire department okay on what the requirements if if it's allowed at all and what you would be required to do for any kind of smoking okay any other questions thank you sir you did a great job translating wow thank you appreciate it uh for those on the commission I'd like to add number four in the conditions as they would have one uh licensed security person during the week and as many as two I don't want to say three as two during the weekend's minimum right so we're going to add that to the to the conditions and then they suggest that you call it instead of licensed security it's a peace officer peace officers so one on the during the week and two minimum two during the weekends okay I just want to make sure that they have some real security and also uh smoking will be uh per approval from the fire marshal foreign with that said we're going to open the floor for public hearing is there anybody in the audience that would like to speak for or against this case none is her so we close the public hearing uh we've heard from the staff and also the uh the applicant we added two conditions one to have peace officers One Peace officer do you end the week in the time of operation a minimum two on weekends during the operation of the club and uh the fifth one is that smoking would be per approval from the fire marshal City of Beaumont with that said I would entertain the motion with the following conditions five conditions I approve we have a motion with the five conditions is there a second second you have a motion and a second any discussion all in favor say aye any opposition the eyes have it thank you we go to 2023169 foreign pz 2023-169 is a request to rezone the property from residential single family to RMH residential multiple family dwelling highest density or a more restrictive District the applicable Vishnu Vandana is requesting approval for the rezoning um for the property located just north of 2360 South Major Drive the applicant intends to construct an apartment complex containing 100 150 units although majority of the neighboring properties are either vacant or occupied by single-family homes Major Drive is a major arterial and this area is recognized as a neighborhood growth unit as such multi-family zoning would be an acceptable use and transition into residential neighborhoods planning staff recommends approval of the request I've received zero um responses in favor and three in opposition we did send out 19 notices to Property Owners within 200 feet and I have photos for you the property outlined in red is the subject property and this is uh the submitted just the basic idea of what they plan to do as far as the apartment complex this is the subject property this is property to the north to the Northeast to the east to the southeast and to the South and I'm not sure if the applicant is in the audience or not I did not see them come in before but unless they arrived after the meeting started Dana what were the three in opposition do you have information on that yes I do I'm sorry two of them have notes and they are the same from the same property owner and they state that it's not a fit use for the property seeing a residential homes surround the area and that's the only comment so there were two from the same from the same property owner then on to the properties and then one other but doesn't give any reasons they just say that they're not in favor thank you good uh I'm sorry what was the excuse me what was that reasoning again they say that it's not a state use for the property single residential homes surround the area okay thank you any other questions thank you is the applicant in the audience okay uh [Music] the applicant's not in the audience let's go ahead and go to the public here and show uh now if there's negative against the property how we're going to resolve that I'm assuming that the property or applicant was given adequate notice to be here um so they could you could still vote and if they chose to appeal it then you could fantastic uh we're going to open the floor for public hearing is there anybody in the audience that would like to speak for or against this case foreign anybody that would like to speak for or against it we're going to cause the public hearing we have three negative comments from uh from the neighbors and we have a drawing in here I was hoping that the applicant would be here they have one trash location and whoever is in the back part of this property gonna have to walk 798 feet with the trash to put it in there and the turning radius at the very back you can't turn the truck in the back but anyway those are engineering items that could be resolved by the engineering department uh with that said uh we go to a vote we heard from the staff and we heard three complaints or negative comments with that I would ask for emotion so move for approval we have a motion to approve is there a sec second we have a motion on second all in favor say aye aye show with your hands please okay negative Old Nay all right so the eyes have it is approved thank you uh in favor we were against all right we're gonna go to pz2023191 PC 2023-1991 is a request to allow a gaming facility in The gcmd General commercial multiple family Divine District at a property at 39 North 11th Street Suite B um Courtney Watson is requesting to install 14 gaming machines at this location the hours of operation would be 10 a.m to 10 P.M Monday through Sunday plans are to staff this location with one full-time employee One Security person it should be noted that Gaming facilities that have five or fewer machines tend to be considered accessory in nature when part of a primary use and as such tend to result in fewer negative impacts on surrounding land uses however larger game rooms with dozens of machines take on the scale of a small casino and as a result require careful consideration as their location and compatibility with the surrounding land uses some of these considerations include compatibility with other land uses noise and traffic as well as safety considerations as such proximity to Parks schools and especially residential uses should be carefully considered in the review of The Gaming facilities this property is in close proximity two bisd's alternative cancer campus at 88 Jaguar and Lily at the valley Missionary Baptist Church is located at 2856 smart Street Additionally the shared parking lot has 44 existing legal spaces for the shopping plaza and the proposed gaming facility would require 25 to 30 of those spaces an additional 26 spaces are shown on the site plan but overhang the city right-of-way and are not legal therefore the overall shopping center has only 31 at the minimum required parking which may lead to conflict among tenants per engineering staff recommends to denial of the request we've sent out 23 notices to Property Owners within 200 feet I received zero in favor and two in opposition of the two in opposition one of them just States they're not in favor the other does give a reason they State these types of businesses cause property damages within the with their customers and I have some photos as you can see the property outlined in red is the subject property this is site plan you can see how the property um the property line cuts across all the parking spaces that border 11th Street so only a small portion of those parking spaces is actually on the property which is a requirement for it to be counted towards the required parking closer up shots so that you can see how the the cars are out onto the right-of-way this is a photo of the subject property looking to the north this is the subject property looking towards the South this is to the north of the property East and Northeast to the east across 11th Street Southeast and to the South and I believe the and I know the applicant is in the audience if you have further questions is there anything you you need from me any questions for Adina yeah I have one when you talk about close proximity Is there a number what's the footage with close proximity what what are we talking about and is that within the limit the measurements for a gaming facility are property line to property line as opposed to for alcohol it tends to be like down the right-of-way and you have to go from door to door that sort of thing for a gaming facility it's 300 feet from property line to property line for a church um that they cannot be allowed and that's not stating that it's recommended it's just that would be that the law that we could absolutely not consider it and the school and for the school I believe it's a thousand feet is that correct so and I couldn't I can't tell you exactly I can't I don't believe we gave the measurement so exactly how distant what the distance were for these two locations it's it doesn't meet it's not less than the thousand and the 300 feet it does meet those requirements we did do a study just to make sure that it does meet the requirements but it's we recommend that it wouldn't be favorable in this case because they are closer than they should be okay thank you can I add on with that uh understand about the situation with the church and the school but I'm thinking that you're saying that one of the main priorities would be is the parking situation in this particular environment I'm not sure how many uh occupants this will require annual parking I believe part of our issue was that we never received what we considered a suitable site or floor plan showing exactly what portion of these buildings is going to be used for the gaming facility which is how we have to calculate the parking so that's the reason whenever they stayed it's between 25 to 30 spaces it's as close as engineering could get to generalize what the parking requirements would be for this location and as is a strip center they have shared parking so there's a certain number of parking spaces that have to be available to each of the uses in the Strip Center not just for this use and that's why whenever he states that for the overall shopping center there's only 31 percent of the minimum required parking that's what he's taking into consideration and yes you are right the parking I believe in this case is as much or more of a concern than the proximity of the school in the church councilor this brings up another question uh are these parking spots illegal and they have we have to do something about them or they're going to be grandfathered Brandon's here I'll defer to Brandon he's our traffic engineer good afternoon um Brandon bellier traffic engineer 801 Main Street this is a very old shopping center which is most likely the reason all of those overhang the right-of-way If This Were to if this entire shopping center were to ever get purchased and redone entirely that's when we would go and enforce the restricted parking along that right away if it's one or two tenants at a time in the just existing Center they're gonna be okay it's not presenting a major safety hazard as of right now all right thank you okay we've heard from the staff and also the traffic engineer and uh any questions for any of them is the applicant in the audience good afternoon man if you would state your name and address for the record and we'd love to hear from you Courtney Watson 39 North 11th Street Suite B all right you have any other information you want to give us there's also parking in the back rear of the building also okay and uh hello hi uh my name is Tiffany Guillory um I'm a tenant actually in that same shopping complex on 11th street plaza uh we have a 39 North 11th Street Suite C so we will be right next door to them um we have I'm Sorry Miss Gallery we have to let the applicant finish begin and then he'll open it up for anyone who wants us before or again okay oh uh Miss Watson yes sir all right uh Miss Watson what age people gonna be work uh come into this place 18 and over no miners I'm sorry what what is a typical age that you serve 30s 40s 20s I guess 25 I'm 25 up 25 up okay and you're gonna give these people pillows and stuffed animals yes as as gifts or okay and you have 14 machines that's going to be in there right yes sir okay I see that you say no monetary prices would be awarded right uh why aren't you here a couple of three meetings ago and you said you're going to give her money you were okay I I just want to make sure is is I'm talking to the same people and uh you have you stated that there's some parking in the back all right uh any questions for the lady yes I have a question ma'am would you consider less machines other than 14 awesome yes sir that's what I needed less machines but she won't have any other business in there it has to be an accessory to a business if she has a gas station and has four of them that's but if it's she said yeah so when an uh business is in its existing business and they have fewer facts fewer less than five is considered an accessory used so it's not an accessory use when it's a sole purpose to operate as a game room regardless of how many machines they have so if you if it's a game room with no other um occupants and use it's just a game room regardless if it has one machine or ten okay could there be other uses involved with this as well yeah it could be a store it could be I mean I'm just saying yeah yeah it's an existing shopping center so it has a I think in that particular shopping center boutiques salons barber shops or stuff other just in that shopping strip there's a hair store and there's several other uh businesses in that shopping center that will require I think it's Zone General yep there you go well that's what I if she was to consider something other than 14 machines in the primary business being something else exactly yes sir absolutely yeah thank you any other questions I have a couple questions Miss Watson have you already leased this building this space okay and if you do how many employees will you have there I'm home at least two at least three security I'm sorry what um say it again two okay security too unsecured okay thank you any other questions for the lady thank you very much ma'am okay uh now we're going to open the floor for public hearing so anybody who wants to speak for or against this project good afternoon now you can tell us what you want to tell us if you would state your name and address with the record please uh yes my name is Tiffany Guillory the address where oddly located is 39 North 11th Street Suite C um we do have uh non-businesses inside um it's a beauty Barber and boutique and we would be actually located right next door to them we do feel that it would actually be an added benefit that they would be there because it would bring extra traffic um and so we're not opposed and when it comes to the parking and like literally um four of the spaces that's leased out is all been leased out for just storage so there's actually they are they've been purchased and they're paid for monthly but there's no tenants that are there that are that have customers okay thank you man yes sir is there anybody else that would like to speak for or against this case now and this hurts will be close to public hearing we've heard from the staff and also heard from the applicant uh there is a parking issue at the at the site and uh with that I would look and the city staff has denied the request so with that I'll look for a motion motion to deny we have a motion to deny and we have a second any discussion all in favor say aye aye an inner position the eyes have it thank you let's go to uh pz2023205. they know you're doing really good it's not five o'clock here thank you 2023-205 is a request for a specific use permit to allow a duplex in residential single family Zoni District um loan dong representing can Tran is requesting a specific use permit to allow duplex at 10720 Sherwood Drive the property is located within the residential single family zoning district and as such a two-family dwelling requires a specific use permit the structure will be one story with two units for a combined total of 2420 square feet staff recommends approval of the request with the following condition the lot shall be graded to drain towards the street and not onto adjacent properties notices were mailed to Property Owners within 200 feet we sent 19 notices we received one in favor and zero in opposition and I do have some slides for you the property outlined in red is the subject property this is a proposed site plan of the property showing where the duplex will be located along with the parking the property outlined in blue is the subject property a little closer look at the actual properties this is the subject property this is property to the north to the West the road tracks I believe are right behind the trees there and to the South the applicant is in the audience and are there any other questions you have for me any questions great thank you and the applicant good afternoon sir how are you this afternoon very well thank you if you would state your name and address and we'd love to hear from you okay my name is Tian Tran and the address is um 10720 Sherwood Drive great do you have anything that you want to add to this sure um just that uh I think is a good opportunity for us to uh build this duplex to uh get more people in the area and uh I'm a local uh investor and I just want to invest in a community good good uh how many parkings do you think that you're going to add here okay so each unit will have a a parking inside the garage and then there'll be an additional parking in front so there is a garage at the end of that driveway in there yes sir okay perfect so at least two two yes okay good good uh any questions for the gentleman thank you thank you uh we opened the floor for public hearing is they like to speak for or against this case good afternoon gentlemen one at a time uh how are you this afternoon sir well thank you well my name is Jeff o' Quinn I live at 10520 Sherwood Drive about 450 feet from this proposed property okay the Pine Island bio Estates was established in 1955. there has been no variance to single family occupancy and I see no reason to open the door now for commercial property this is single family by having commercial property you open the door for other people to apply for variances on the single family Edition its own single family there's no reason to change that this is a very old old Edition a lot of elderly people live here we don't need commercial application this will lead to Future people applying for mobile homes RV parks Etc it needs to stay as it is now zoned single family only I'll be entertaining any questions if you have any oh I do have one question any of you live there in the pine bio States so it won't affect your property value but it will ours if you approve this zoning change I have any questions I'll answer them for you uh you said you lived there for a long time 18 years is there a covenant for this Edition or is there any documented rule that says you can't have a bad no I didn't say there was any I'm just asking you no I'm just asking no there's none that I'm aware of on my deed it doesn't say anything but single family dwellings and if you approve a commercial application which a duplex is commercial you open the door for all kinds of other requests for variances which I'm totally against and everybody in the neighborhood should have the opportunity but you only notified people within 200 feet of the property everybody in the neighborhood should be involved approximately 10 years ago there was a a home builder that put modular homes I don't know if you know what that is but it's trailer houses without wheels and it was approved and it shouldn't have been but it was this is the same basic thing that you're trying to do again is put in commercial property I'm against it 100 it's going to devalue our properties by having commercial properties any questions I'd be glad to answer them for you any questions for the gentleman thank you sir you're quite welcome I'm against it do you understand that I understand that if we're coming by and the other gentleman good afternoon to you sir afternoon everyone my name is Donald Fowler I live at 106 80 Sherwood which is right by that place I believe I actually helped Mr train get unstuck when he pulled his truck in there okay oh right to the north of that house a man bought the house from the people I bought my house from 32 years ago and he has had nothing but trouble from renters the house has been broken into when it's it takes them two or three months to get it fixed up because people break in while he's trying to fix it up because he doesn't live there the project that Mr O'Quinn talked about the modular homes the people that own those those modular homes they had 98 properties out there there were that was just going to be an experiment and the experiment failed because they couldn't sell them they couldn't rent them out the people's property on both sides of them property values went down they finally sold them it took about five years for them to sell those modular homes they got flooded out during Harvey they got flooded out during Imelda they've got flooded out several times I don't need any more trouble than I've already got on my property like I said I've been there 32 years it takes forever to get police out there so I think renters is just going to be another problem we have a nice quiet neighborhood everybody takes care of each other you know that's why I've stayed there 32 years it's truly nice and quiet good I like to keep it that way thank you sir thank you thank you for coming by is there anybody else in the audience that would like to speak for or against this case we're close to public hearing Mr Quinn I believe was it yes sir oh no I'm sorry the other gentleman Mr Trent uh well you had some negative uh comments about your project so you have a chance to come back and uh either explain or give us a remedy yeah so I took a few notes so to you Donald when you talk about quality of renters uh okay quality of renters um so a part of our lease contract we would do a extensive background check to make sure our odd winners is eligible um and make sure that they follow all the rules like a normal residential Personnel would follow um as far as tax it would be no different than me building a house and selling it if he's worried he mentioned about wearing um raising taxes uh yes it probably will but it's no different than me building a house and selling it and uh I think that it will raise everybody's property which is you know make their property more valuable to me so I have a question for you oh I'm sorry go ahead um and I think you kind of answered because I was going to ask you I know in a duplex uh there are people who build them and live in it and rent the other side out and I'm from what you just said this is Tech pretty much you just bringing both sides out right okay and I guess my other uh question would be because I wanted a clarification I was under the impression that duplex can still be a sync under single family the approval of the specific permit which is why they're here today I have a question do you have any other properties like this in Beaumont uh no this would be our my first time doing a duplex so do you have any other like rental properties uh no sir yeah thank you sir thank you Okay so we've heard from the applicants we heard from the staff we heard from two of the neighbors one lives 400 feet away one lives right next or across the street and they are worried about the negative uh conditions with the duplex with that said I will look for a motion with the following condition one condition I recommend approval second all right we have a motion to approve with one condition and we have a second is there a discussion all in favor raise your hand and in opposition I am you and I okay there's two in our position the rest of them in agreements of the motion passes thank you we go to 2023-219 foreign PC 2023-219 is a request for rezoning from gcmd General commercial multiple family dwelling two commercial Manufacturing or a more restrictive District Troy hatch is requesting approval for the rezoning from gcmd to commercial manufacturing for the property at 5194 size Street Mr hatch owner of hatches Towing and Recovery LLC recently purchased the property the property was being used as a vehicle storage facility but had not been permitted for that use Mr hatch assumed the use was legal and fortunately a vehicle storage facility is not permitted in General commercial multiple family dwelling Zoning for storage of more than 10 vehicles when applying for the required certificate of occupancy Mr hatch discovered several issues with the property first and foremost the zoning which would not allow him to store the number of vehicles he's he planned the property to the north was rezoned to commercial Manufacturing in 2001 and is currently used as a vehicle storage facility property to the West is zoned heavy industrial and the property the proposed vehicle storage facility would be required to meet all existing zoning ordinance requirements the planning staff recommends approval of the request notices were mailed to 29 Property Owners within 200 feet we've received zero in favor and zero in opposition and I do have some slides for you as you can see on the screen the property outlined in red is the subject property you can see it's on Del Mar which turns off a College Street this is their site plan it does show the location of the existing building the building was moved there without permit so that is something else that they will need to um resolve was that by them or the previous by the previous owners they did not move it was existing whenever they purchased the property but we don't know exactly when it appeared there so and just a little closer aerial shot for you to show you the kind of the layout of the actual property this is a photo of the subject property as it sits down this is the property to the north to the West that's the heavy Industrial to the South to the southeast and to the east is the property itself fenced is it I'm sorry fenced can you go back to the picture with the building yes who's whose fence is that belongs to this property it's on this property that fence is on this property so if you've got vehicles in there it's not going to be visible to the outside I don't believe so no sir as long as they're within that density portion okay uh any questions for Athena is the applicant in the audience good afternoon sir I've not seen you here before sure no sir okay I'm Troy hatch I'm talking about 5190 foresight Mr hatch tell us about this this it seems like you didn't get what you thought you're going to get no sir sure didn't I thought it was already came through this process but it did it so all right so tell them tell me what are you planning on doing that's just gonna be a storage facility for the community of Beaumont here I'm gonna store the vehicles there for the residents so they don't go out of town you have a towing service yes sir sure do okay and so this is not classified as a junkyard is a storage those people come and take their far back and forth if someone gets in a wreck we pick it up bring it to the yard it stores the vehicle they come pick it up or the insurance or we take it to a body shop or whatever it may be when I'm through with the the notice of the vehicle if it turns into my vehicle it is taken to a different site it does not stay there okay and uh you are going to park these vehicles within the fence line yes sir the only thing would be parked outside is customers and one or two tow trucks sits there at the time uh the building's not gonna be occupied all right any questions for the gentleman yeah approximately how many vehicles will be parked there uh no more 50. I don't think I could put 50 Vehicles there so all right probably 30 at the most counselor what happens with the issue of the building being brought in there without a permit is there right let's just leave it alone okay building he'll need to go through the process of trying to get it permitted if he doesn't then he'll need to either remove it or um well I mean a poor guy already suffered a lot you see his shirt is all yellow that's and that's something that you know you guys can consider in the permitting process is that you know all right I'd like to add a condition to here if you don't mind before we vote I like to make sure that we do not have any cars parked outside the fence on a permanent basis as a storage I understand he has tow trucks and customers but not as permanent uh parking okay that would be condition number one uh with that said any other questions for the gentleman thank you Mr hash let's see what happens here is there anybody in the audience that would like to speak before or against this case now this hurts so we have heard from the applicant uh he's bought this Place uh there is fencing around the neighbor by the aerial photograph is parking all sorts of stuff in that property and he's going to keep all the cars that are going to be permanently or long-term stored within the fence line so with that I would ask for a motion with condition number one that says he would not be parking stored Vehicles outside the fence line motion to approve filed PC 2023-2019 with condition number one second we have a motion we have a second any discussion all in favor say aye aye an email position the ice have it Mr Mayor I hope we didn't disappoint you we're at the end of our files and we would ask for you to send us home foreign