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HomeMy WebLinkAbout1-25-16 PC Minutes*MINUTES* REGULAR MEETING JOINT PUBLIC HEARINGS PLANNING COMMISSION CITY COUNCIL City Council Chambers January 25, 2016 A Regular Meeting and Joint Public Hearings of the Planning Commission and City Council was held on January 25, 2016 and called to order at 3:19 p.m. with the following members present: Commission Members present: Commission Members absent: Councilmembers present Councilmembers absent: Chairman Sina Nejad Vice -Chairman Marty Craig Commissioner Lynda Kay Makin Commissioner Ava Graves Commissioner Lauren Williams -Mason Commissioner Eddie Senigaur Commissioner J.P. Colbert Commissioner Clint Walters Commissioner Frank Messina Commissioner Bill Little Mayor Becky Ames Councilman W.L. Pate Councilman Claude F. Guidroz Councilwoman Gethrel Williams -Wright Councilman Mike Getz Councilwoman Robin Mouton Councilman Audwin Samuel None Also present: Chris Boone, Director of Planning and Community Development; Adina Ward, Planner II; Raymond Rowzee, Planner I, Fran Malvo, Recording Secretary; Tyrone Cooper, City Attorney APPROVAL OF MINUTES Chairman Nejad addressed the Board regarding the minutes. Commissioner Makin made a motion to approve the minutes from September 21, 2015, October 19, 2015 and November 16, 2015. Commissioner Mason seconded the motion. Motion to approve carried 7:0. REGULAR MEETING 1) Replat of Lot 10 and West'/2 of Lot 11, Block 6, Oak Cliff Second Addition, into Lots 10 A and 11 A BIock 6 Oak Cliff Second Addition: Consider a request for a Replat of Lot 10 and West '/z of Lot 11, Block 6, Oak Cliff Second Addition, into Lots 10 A and 11 A, Block 6, Oak Cliff Second Addition Beaumont, Jefferson County, Texas Applicant: Faust Engineering and Surveying, Inc. Location: 6540, 6550, 6560 and 6570 Pointe' Park Drive Mr. Boone presented the staff report. Richard Faust, representing Faust Engineering and Surveying, Inc., has requested a Replat of Lot 10 and West 1/2 of Lot 11, Block 6, Oak Cliff Second Addition into Lots 10A and 11 A, Block 6, Oak Cliff Second Addition, Beaumont, Jefferson County, Texas. The purpose of the plat is to relocate a lot line and create 2 (two) 45 (forty-five) ft. wide lots. The lots do not meet the minimum lot width requirement for residential property. The applicant also requests a variance to the minimum lot width requirements. Slides of the subject property were shown. Twenty-seven (27) notices were mailed to property owners within 200 feet of the subject property. No responses were received in favor and seven were received in opposition. The Planning staff recommended denial. Chairman Nejad opened the public hearing and asked for the applicant's comments. Richard Faust representing Faust Engineering & Surveying, Inc. at 2525 Calder addressed the Commissioners. Chairman Nejad asked for any public comments in favor of or against the case. Elizabeth Pittman, 3850 Empire Road addressed the Commissioners and spoke against the case. Adrian Stewart, 2170 23`d addressed the Commissioners and expressed concerns about the integrity of the neighborhood. Clayton Livingston, 3780 Buckingham Row addressed the Commissioners and spoke against the case. Kelli Manness, 25 Bellechase Garden Dr. addressed the Commissioners and spoke against the case. Jennifer Tate 3850 Austin St. addressed the Commissioners and spoke against the case. Benny Mendoza, 5655 S. Kenneth addressed the Commissioners and spoke against the case. The public hearing was closed. Vice Chairman Craig made a motion to deny a request for a Replat of Lot 10 and West'/2 Lot 11, Block 6, Oak Cliff Second Addition into Lots 10A and I IA, Block 6, Oak Cliff Second Addition as requested. Commissioner Makin seconded the motion. Motion to deny carried 7:0. 2) Replat of Lot 15 and 16, Washington Manor Unit 6 into Lot 15A: Consider a request for approval of the Replat of Lot 15 and 16, Washington Manor, Unit 6, Beaumont, Jefferson County, Texas. Applicant: Faust Engineering and Surveying, Inc. Location: 4430 Roberts Avenue Mr. Boone presented the staff report. Richard Faust, representing Faust Engineering and Surveying, Inc., has requested a Replat of Lot 15 & Lot 16 out of Washington Manor, Unit 6 into Lot 15A, Washington Manor Unit 6. The property is located at 4430 Roberts Avenue. The purpose of the plat is to remove a lot line to allow for future additions. The lot exceeds the minimum lot area, width and depth requirements for residential property. Slides of the subject property were shown. Fourteen (14) notices were mailed to property owners within 200 feet of the subject property. No responses were received in favor or in opposition. The Planning staff recommended approval of the request. The applicant was present. Richard Faust representing Faust Engineers & Surveyors, Inc. at 2525 Calder addressed the Commissioners. Chairman Nejad asked if there were any questions for Mr. Boone. Chairman Nejad asked if anyone had questions, comments, discussions or a motion. The public hearing was closed. Vice Chairman Craig made a motion to approve a Replat of Lot 15 and 16, Washington Manor, Unit 6, Beaumont, Jefferson County, Texas as requested. Commissioner Mason seconded the motion. Motion to approve carried 7:0. 3) Partial Replat of Block 1, T.H. Langham Subdivision into Lot 1 A, Block 1, T.H. Langham Subdivision: Consider a request for a Partial Replat of Block 1, T.H. Langham Subdvision into Lot 1A, T.H. Langham Subdivision, Beaumont, Jefferson County, Texas Applicant: AGC Consultants, LLC Location: North side of the intersection of Interstate 10 and Walden Road, in the Holiday Inn Tract, at 3950 Interstate 10 South Mr. Boone presented the staff report. AGC Consultants, LLC, has requested approval for a 0.6841 acre, Partial Replat of Block 1, T. H. Langham Subdivision into Lot 1A, Block 1, T. H. Langham Subdivision. The property is located on the north side of the intersection of Interstate 10 and Walden Road, in the Holiday Inn Tract, at 3950 Interstate 10 South. The recorded easement described in documents 8407359 and 86228294 is an access easement for the service station on the east side of the proposed plat. The easement states that this area cannot be blocked by the new development and should not be abandoned by the plat. The propose of the plat is to create a subdivided tract. The lot exceeds the minimum lot area, width and depth requirements for commercial property. Slides of the subject property were shown. The Planning staff recommended approval with the following conditions: 1. Show and label all easements across proposed Lot lA along with those described in Jefferson County Clerk document numbers 8407359 and 8628294, 2. Any extended or current sanitary sewer line crossing the proposed Lot IA, is required to have a 10 (ten) ft. wide exclusive sanitary sewer easement. Three (3) notices were mailed to property owners within 200 feet of the subject property. No notices were received in favor and one was received in opposition. Chairman Nejad opened the public hearing and asked for the applicant's comments. Laurie Riojas, representative for AGS Consultants, 16800 Park Dr. Suite 180 A, Houston, Texas addressed the Commissioners and stated that they were willing to comply with all requirements in order to get the plats processed and recorded. Chairman Nejad asked for any public comments in favor of or against the case. Craig Hill, President and C.F.O. of Steinghagen Oil Co., Inc., 1225 Sheridan Lane addressed the Commissioners. Mr. Hill spoke against the case. LaRay Tucker, 1211 S. White Chapel Boulevard, South Lake, Texas addressed the Commissioners. Ms. Tucker stated she was the purchaser and owner of the property for the Taco Bell and that she was aware of all the easements. The public hearing was closed. Chairman Nejad addressed Mr. Cooper regarding a plat that did not show the easements and if the applicant is intending to revise the plat will there be any issues. Mr. Cooper stated that before the easements are assigned all of the requirements and conditions must be placed on the plat. Commissioner Makin questioned if the Commissioners could vote on the case as is. Mr. Cooper stated they are to vote on the plat that is presented before them. Mr. Hill interjected. Discussion followed. Commissioner Makin made a motion to approve a request for a Partial Replat of Block 1, T.H. Langham Subdvision into Lot 1A, T.H. Langham Subdivision, Beaumont, Jefferson County, Texas with the following conditions: 1. Show and label all easements across proposed Lot IA along with those described in Jefferson County Clerk document numbers 8407359 and 8628294. 2, Any extended or current sanitary sewer line crossing the proposed Lot IA, is required to have a 10 (ten) ft. wide exclusive sanitary sewer easement. Commissioner Senigaur seconded the motion. Motion to approve carried 5:1:1 (Commissioner Mason opposed and Commissioner Graves abstained). 4) Pine Glenn, Fifth Addition, Phase 2, Section 1: Consider a request for a preliminary plat approval of Pine Glenn, Fifth Addition, Phase 2, Section 1, Beaumont, Jefferson County, Texas Applicant: Faust Engineering and Surveying, Inc. Location: Tolivar Road Mr. Boone presented the staff report. Faust Engineering and Surveying, Inc. have requested preliminary plat approval of Pine Glenn, Fifth Addition, Phase 2, Section 1, The property is located west of the intersection of Tolivar Road and Nicole Lane. The development is a 3.60 acre, single family residential subdivision, and the proposed layout shows 18 single family lots. All lots will access Tolivar Road via the proposed Essie Lane. Sanitary sewer and water will be provided by extension of the City of Beaumont utilities. This item was sent to all interested parties. The Planning staff recommended approval with the following conditions: 1. Provide recorded easements for the proposed temporary cul-de-sac and drainage ditch. 2. Modify Note 7 to read, "Lots shall not drain on adjacent properties before and after structures are built." Chairman Nejad opened the public hearing and asked for the applicant's comments. The public hearing was closed. Vice Chairman Craig made a motion to approve a request for a preliminary plat approval of Pine Glenn, Fifth Addition, Phase 2, Section 1, Beaumont, Jefferson County, Texas with the following conditions: 1. Show and label all easements across proposed Lot lA along with those described in Jefferson County Clerk document numbers 8407359 and 8628294. 2. Any extended or current sanitary sewer line crossing the proposed Lot 1A, is required to have a 10 (ten) ft. wide exclusive sanitary sewer easement. Commissioners then asked to hear from the applicant. Richard Faust, 2525 Calder addressed the Commissioners. Commissioner Makin seconded the motion. Motion to approve carried 7:0. 5) Minor Plat of Eastham Subdivision: Consider a request for Minor plat approval Eastham Subdivision, Beaumont, Jefferson County, Texas Applicant: Andrew Allemand Location; Northeast of North I lth Street and Spindletop Square Drive Andrew Allemand, representing Windrose Land Services, Inc. has requested approval of the single lot, 16.4142 acre, Minor Plat of Eastham Subdivision. The property is located on the west side of North I 11h Street and north of Spindletop Square Drive. Water and Sanitary Sewer are both available along North 11`' Street. This item was sent to all interested parties. Slides of the subject property were shown. The Planning staff recommended approval subject to: 1. Rezone property in order to avoid a "Split -Zoned" lot. Mr. Boone stated that there were issues regarding the zoning and prior to recording the final plat it will need to be resolved. Chairman Nejad opened the public hearing and asked for the applicant's comments. Commissioner Mason made a motion to approve a request for Minor plat approval Eastham Subdivision, Beaumont, Jefferson County, Texas as requested with the following condition: 1. Rezone property in order to avoid a "Split -Zoned" lot. Vice -Chairman Craig seconded the motion. Motion to approve carried 7:0. JOINT PUBLIC HEARINGS 1) File 2242-P: Consider a request for a Specific Use Permit for a retail T-shirt and merchandise print shop in an RCR (Residential Conservation Revitalization) District. Applicant; Toni J. Prados Location: 4570 Highland Avenue On October 19, 2015, the Planning Commission chose to table this item until a proper site plan was submitted. Toni J. Prados, owner of Area Impressions, is asking to open a retail T-shirt business at 4705 Highland Avenue. The property is zoned RCR (Residential Conservation Revitalization). Ms. Prados has operated a beauty salon at this location for at least two years, and currently owns a T-shirt shop at another location. The beauty shop at this location is currently being expanded for storage. She would like to convert this storage space, and move the retail T-shirt shop into the expanded space. The shop will not involve screen -printing, but rather new technology which allows designs to be printed directly to clothing items and accessories, much as a picture may be printed from an office printer. Designs would be created and printed in the shop. Slides of the subject property were shown. Staff recommended approval with the following conditions: 1. Parking and driveways must meet city standards. 2. Parallel space at front of building must be next to the building, allowing traffic to flow around it and curb cut on Highland must remain to allow exit of traffic. 3. Paving must extend past the handicapped access isle and handicapped space must have proper signage. 4. An 8 foot privacy fence and 10 foot landscape buffer must be installed and maintained along the east and south property lines. 5. A 6 foot wide landscape strip must be installed and maintained along the entire length of parking areas at Highland Avenue. 6. An automatic irrigation system must be installed, sufficient to provide complete coverage of all required landscaping. Twelve (12) notices were mailed to property owners within 200 feet of the subject property. No responses were received in favor of or in opposition. Toni I Prados, 1090 Avenue H addressed the Commissioners regarding flooding and draining issues. Ms. Prados also expressed concerns regarding omitting condition number 5 which addresses the landscaping. Discussion followed. Councilwoman Wright addressed the Commissioners regarding the flooding on Alabama. Chairman Nejad opened the public hearing and asked for the applicant's comments. Chairman Nejad questioned Mr. Boone if Traffic had reviewed the case and Mr. Boone stated that Traffic approved the case with the conditions. The public hearing was closed. Commissioner Mason made a motion to approve a request for a Specific Use Permit for a retail T-shirt and merchandise print shop in an RCR (Residential Conservation Revitalization) District as requested in File 2242-P with the following conditions: 1. Parking and driveways must meet city standards. 2. Parallel space at front of building must be next to the building, allowing traffic to flow around it and curb cut on Highland must remain to allow exit of traffic. 3. Paving must extend past the handicapped access isle and handicapped space must have proper signage. 4. An 8 foot privacy fence and 10 foot landscape buffer must be installed and maintained along the east and south property lines. 5. A 6 foot wide landscape strip must be installed and maintained along the entire length of parking areas at Highland Avenue. 6. An automatic irrigation system must be installed, sufficient to provide complete coverage of all required landscaping. Condition number 5 was omitted per the Commissioners. Commissioner Senigaur seconded the motion. Motion to approve carried 7:0. 2) File 2249-P: Consider a request for a Specific Use Permit to allow an assisted living facility in RM-H (Residential Multiple Family Dwelling -Highest Density). Location: 2990 S. Major Drive Applicant: Vera Bagneris Mr. Boone presented the staff report. Vera Bagneris contacted staff regarding a privately funded assisted living facility at 2990 S. Major Drive, in September of 2015. During the conversation, Ms. Bagneris mentioned she wanted to keep twelve (12) individuals. A predevelopment meeting was scheduled to help her understand all that would be required to keep twelve (12) individuals. During the predevelopment meeting, Ms. Bagneris mentioned that she already keeps two (2) individuals at the property. In order to keep these two (2) individuals, she applied for a CO (Certificate of Occupancy). Several inspections for the CO failed. Ms. Bagneris is now formally requesting permission to keep twelve (12) individuals. The conditions listed reflect the findings during inspections made for the CO. Ms. Bagneris proposes to provide 24 hour care for twelve (12) elderly residents. Caretakers would be present 24 hours per day, but not living at the property. Some of the clients residing in this facility will require nursing and ambulatory care. Some residents may have limited mobility. The applicant is asking for a waiver to any additional landscaping. A four (4) foot chain link fence is located along the north and west property lines, with no existing landscaped buffers. There is no fence along the south property line. Slides of the subject property were shown. Nine (9) notices were mailed to property owners within 200 feet of the subject property. One response was received in favor and one response was received in opposition. Staff recommended approval with the following conditions: 1. Pending approval of food preparation and storage areas by health inspectors. 2. Any improvements made within the state right-of-way shall be permitted by TXDOT. 3. A six (6) foot wide landscaped strip, as prescribed by ordinance, must be located between the front parking spaces and the right -of way. 4. The ADA space shall be signed according to ADA requirements. 5. An eight (8) foot wood or masonry privacy screening fence must be constructed and maintained along the south property line. 6. Building must be brought up to all current applicable fire & building codes, per international fire & building codes - 2009 edition, Including, but not limited to, fire extinguishers, sprinkler system, fire alarm, exit lights, emergency lights, knox box, fixed hood system, and additional hydrant(s) as needed. All electrical systems must meet commercial codes. Chairman Nejad opened the public hearing and asked for the applicant's comments. Vera Bagneris, 2990 S. Major Drive addressed the Commissioners. Ms. Bagneris stated that was currently working with the Fire Marshall to have sprinkler systems and fire alarms installed in her facility. Mayor Ames questioned Ms. Bagneris about a nearby assisted living facility, Summer Place. Chairman Nejad asked if there was any one that would like to speak for or against the case. The public hearing was closed. Commissioner Senigaur made a motion to approve a request for a Specific Use Permit to allow an assisted living facility in RM-H (Residential Multiple Family Dwelling -Highest Density) as requested in File 2249-P with the following conditions: 1. Pending approval of food preparation and storage areas by health inspectors. 2. Any improvements made within the state right-of-way shall be permitted by TXDOT. 3. A six (6) foot wide landscaped strip, as prescribed by ordinance, must be located between the front parking spaces and the right -of way. 4. The ADA space shall be signed according to ADA requirements. 5. An eight (8) foot wood or masonry privacy screening fence must be constructed and maintained along the south property line. 6. Building must be brought up to all current applicable fire & building codes, per international fire & building codes - 2009 edition, Including, but not limited to, fire extinguishers, sprinkler system, fire alarm, exit lights, emergency lights, knox box, fixed hood system, and additional hydrant(s) as needed. All electrical systems must meet commercial codes. Vice Chairman Craig seconded the motion. Motion to approve carried 6:1 (Commissioner Mason). 3) File 2250-Z: Consider a request for a rezoning from RS (Residential Single Family Dwelling to GC -MD (General Commercial -Multiple Family Dwelling) or a more restrictive district. Applicant: City of Beaumont Planning Division Location: 800-1000 Blocks of the North Side of West Cardinal Drive Mr. Boone presented the staff report. In August 2015, Patrick Gibbs applied for a zone change from RS (Residential Single Family Dwelling) District to GC -MD (General Commercial Multiple Family Dwelling) District. Ivlr. Gibbs stated that it was not financially feasible to develop his property as residential lots. He also stated that the properties location was not suited for single family residential lots as the access would be from West Cardinal Drive. At the August meeting, Staff recommended denial based upon that fact that the zone change constituted spot zoning. After discussion with the Planning Commission, staff suggested that a zoning study of the area be done. A zoning study was done for the area surrounded by Bingman Drive to the northwest, South Kenneth Avenue to the northeast and West Cardinal Drive to the south. Based upon that study, staff recommends that Mr. Gibbs property, and all or the lots to the southeast of his property, be rezoned to RM-H (Residential Multiple Family Dwelling - Highest Density). The rezoning of these properties to RM-H.would not have an adverse effect on the church, and would allow for multi -family developments along with a few commercial uses. Commercial uses would be limited, and would require a Specific Use Permit, triggering notification of property owners within 200 feet. Slides were shown of the subject property. Fifty-five (55) notices were mailed to property owners within 200 feet of the subject property. No responses were received in favor and one response was received in opposition. Planning staff recommended approval of this request. Chairman Nejad asked if there was any one that would like to speak for or against the case. Mayor Ames questioned for clarification of the zoning which stated RS to GC -MD or a more restrictive district, which should be RM-H. Mr. Boone stated that it had to be done that way in order to consider different zone types. Patrick Gibbs, 4835 Corley addressed the Commissioners. Commissioner Makin asked Mr. Gibbs if he was in agreement with the Commissioners approving his case as RM-H. Mr. Gibbs said that he agreed but he would prefer GC -MD. Commissioner Mason addressed Mr. Boone. Discussion followed. John Tallarita, 5610 Winfrey addressed the Commissioners and expressed concerns about the area being targeted to Section 8 housing or assisted living and spoke against the case. Mr. Boone stated that there are no current plans for Section 8 housing or assisted living. Joseph Serio, 135 Richmond addressed the Commissioners. Mr. Serio stated that he owns property at 5580 S. Kenneth and he stated that it would negatively impact all homeowners from Highland Avenue to Avenue A. He spoke against the case. The public hearing was closed. Commissioner Senigaur made a motion to approve a request for a rezoning from RS (Residential Single Family Dwelling) to RM-H (Residential Multiple Family Dwelling -Highest Density) as requested in File 2250-Z. Commissioner Mason seconded the motion. Motion to approve carried 7:0. Commissioner Mason questioned what the motion was for. Mr. Boone stated that it was for RM-H. 4) File 2251-P: Consider a request for a Specific Use Permit for a cellular tower an LI (Light Industrial) District. Applicant: David Petrakovitz representing Ecosite Location: 1490 7"' Street Mr. Boone presented the staff report. David Petrakovitz of Pyramid Network Services, LLC representing Ecosite proposes to construct a cellular tower on 3150 sq. ft. of leased property, in the rear yard of the Salvation Army facility located at 1490 7th Street. No City Utilities will be required at the unmanned site. Access to the site will be via an access easement from Louisiana Street. The tower would be 150 feet in height and over 275 feet fiom the nearest residentially zoned district. Three (3) notices were mailed to property owners within 200 feet of the subject property. No responses were received in favor or in opposition. Slides were shown of the subject property. Staff recommended approval with the following conditions: 1. Provide a copy of the recorded access easement and lease agreement. Chairman Nejad opened the public hearing and asked for the applicant's comments. David Petrakovitz, 3603 Sunlight Hill Lane, Spring, Texas addressed the Commissioners. Discussion followed. The public hearing was closed. Commissioner Makin made a motion to approve a request for a Specific Use Permit for a cellular tower an LI (Light Industrial) District as requested in File 2251-P with the following condition: 1. Provide a copy of the recorded access easement and lease agreement. Commissioner Mason seconded the motion. Motion to approve carried 7:0. 5) File 2252-Z: Consider a request to rezone from RS (Residential Single Family Dwelling to GC -MD (General Commercial -Multiple Family Dwelling) or a more restrictive district. Applicant: Hani Tohme of Golden Triangle Consulting Engineers Location: The south side of Washington Boulevard approximately 200' east of Blossom Drive. Mr. Boone presented the staff report. Hani Tohme of Golden Triangle Consulting Engineers plans to submit a plat to divide the property across from 4050 & 4060 Washington Boulevard into seven (7) residential lots fronted by a commercial tract. The portion to be rezoned to GC -MD (General Commercial Multiple Family Dwelling) is approximately 142 feet deep and 307 feet wide. This would leave room for a 50 foot wide residential street to be developed between the proposed conunercial lot and the residential lots to the west. Slides were shown of the subject property. Eight (8) notices were mailed to property owners within 200 feet of the subject property. No responses were received in favor and one response received in opposition. Planning staff recommended approval of the request. Chairman Nejad opened the public hearing and asked for the applicant's comments. Hani Tohme, Golden Triangle Consulting Engineers, 2566 IH10 E, Suite 7 addressed the Commissioners. Commissioner Senigaur asked if a privacy fence would be installed. Mr. Tohme responded an 8 to 10 foot privacy fence. Commissioner Graves questioned what type of business would be placed on the property. Mr. Tohme responded he was not sure at the time and that things were still in the planning stages. Glen Darden, 4180 Simpson Drive addressed the Commissioners and spoke against the case. Councilwoman Robin Mouton, 3390 Del Place addressed the Commissioners and spoke against the case. Commissioner Senigaur addressed Councilwoman Mouton. Discussion followed. Councilwoman Mouton stated that she did not receive a properly owner notice of the case. Mr. Boone stated that the notices are only mailed to property owners within 200 feet of the subject property. Mr. Tobme addressed the Commissioners. Discussion followed. Kent Johns, 3225 Blossom addressed the Commissioners. Discussion followed. The public hearing was closed. Commissioner Senigaur made a motion to approve a request to rezone from RS (Residential Single Family Dwelling to GC -MD (General Commercial -Multiple Family Dwelling) or a more restrictive district as requested in File 2252-Z. Vice Chairman Craig seconded the motion. Motion to deny carried 3:4 (Chairman Nejad, Commissioner Graves, Commissioner Makin and Commissioner Mason) 6) File 864-OB: Consider a request for an amendment to the Subdivision and Site Development Regulations, Sections 26.01.006, 26.03.002, 26.03.004, and 26.03.008. Applicant: City of Beaumont Planning & Community Development Department Mr. Boone presented the staff report. Staff was recently approached about amending the Subdivision and Site Development Regulations to allow rural -type subdivisions in an area two miles beyond the city limits to the five (5) mile extraterritorial jurisdiction. This three (3) mile Planning Area has experienced a limited amount of development in the past and it is not expected that this area will be annexed any time in the near future. Allowing this reduced standard within the Planning Area would encourage more affordable development in the rural area, yet still be close to Beaumont. This would ideally encourage the construction of more homes, with residents still being able to take advantage of the goods and services offered by the region's largest city. The recommended amendments are as follows: Sec.26.01.006, Definitions Amendment: Planning Area. The Planning Area shall constitute an area beginning two (2) miles from the corporate limits of the city and extending out an additional three (3) miles to the boundary of the five (S) mile exti,aterritoi•ial jurisdiction. Sec. 26.03.002, Streets Amendment: (12) For subdivisions located within the Planning Area, as defined herein, street design, construction and acceptance shall be in accordance with the standards set forth in the Jefferson County Subdivision and Development Regulations and approved by the county engineer. Curbs are not required and open roadside ditches may be used for drainage. Sec. 26.03.004, Sidewalks Amendment: (4) For subdivisions located within the Planning Area, as defined herein, sidewalks shall not be required Sec. 26.03.008, Streetlights Amendment: (d) For subdivisions located within the Planning Area, as defined herein, streetlights shall not be required. Slides were shown of the subject property. The Planning staff recommended approval of the request. Chairman Ncjad opened the public hearing and asked for the applicant's comments. Commissioner Mason questioned Mr. Boone about the road surface in the ETJ (Extraterritorial Jurisdiction). Mr. Boone replied. Discussion followed. Jefferson County Commissioner Eddie Arnold, 4655 Ashdown addressed the Commissioners. Commissioner Arnold suggested that the Planning Commission and City Council consider a two year warranty on the roads that they install and also consider annexing the property after the two year warranty expires. Commissioner Makin asked who monitors the property during the warranty period. Commissioner Arnold stated the developer would and then Jefferson County. The case did not require a public hearing. Vice Chairman Craig made a motion to approve a request for an amendment to the Subdivision and Site Development Regulations, Sections 26.01.006, 26.03.002, 26.03.004, and 26.03.008 with the following amendments: See.26.01.006, Definitions Amendment: Plannin Area. The Planning Area shall constitute an area beginning two (2) miles from the corporate limits of the city and extending out an additional three (3) miles to the boundary of the five (S) mile extr•aterr•itorial jurisdiction. Sec. 26.03.002, Streets Amendment: (12) For subdivisions located n,ithin the Planning Area, as defined herein, street design, construction and acceptance shall be in accordance moth the standards set forth in the Jefferson County Subdivision and Development Regulations and approved by the county engineer. Curbs are not required and open roadside ditches may be used for drainage. Sec. 26.03.004, Sidewalks Amendment: (4) For subdivisions located u4thin the Planning Area, as defined herein, sideivalks shall not be required. Sec. 26.03.008, Streetlights Amendment: (d) For subdivisions located within the Planning Area, as defined herein, streetlights shall not be required. Commissioner Senigaur seconded the motion. Motion to approve carried 7:0. OTHER BUSINESS THERE BEING_ NO OTHER BUSINESS, THE MEETING WAS ADJOURNED AT 5:10 P.M. ABSTENTION AFFIDAV171 THE STATE OF TEXAS § COUNTY OF JEFFERSON § I, AV v , as a member of the Tkh;Yg o i (City Council, Commission, or Board) make this affidavit and hereby on oath state the follo g: I, and/ a person or persons related to me, have a substantial interest in a business entity that would be pecul arly affected by a vote or decision of the (City Council, Commission, or Board) as those terms are defined in V.T_C.A., Local Government Code, § 171.002, L The business entity is: Lay) ay) �}at, Stt6 1) (Nam (Address) ("I," or name of relative and relationship) have/has a substantial interest in this business entity for the following reasons: (check all of which are applicable.) Ownership of 10 percent or more of the voting -stock or shares of the business entity. Ownership of either 10 percent or more or $15,000 or more of the fair market value of the business entity. Funds received from the -business entity exceed 10 percent of (my, her, his) gross income for the previous year. Real property is involved, and (I,.he, she) have an interest which is an equitable or legal ownership with a fair market value of at least $2,500. A relative of mine, within the first or second degree by blood or marriage, has a substantial interest in the business entity or property that would be affected by a decision of the public body of which I am a member. Upon filing of this affidavit with the City Clerk, I affirm that I will abstain from voting on any decision involving this business entity and from any further participation on this matter whatsoever. Signed this the day of Te-, b v- k owi 20_�. Signa ur of bYicial C Orr' m+SSlb n e-V Title BEFORE ME, the undersigned authority, on this day personally appeared kl;,(0)-�-a'ves _ and on oath stated that the facts hereinabove stated are true to thp. best of his/her knowledge or belief. SWORN to and subscribed before me of. FRAN M MALVO 'Notgrry Public in and for ffie SatU of Texas My Commission Expires December'12' 2016 201. I���-r�L �,; .. ,I 1