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HomeMy WebLinkAbout7-20-15 PC Minutes * M I N U T E S * REGULAR MEETING JOINT PUBLIC HEARINGS PLANNING COMMISSION CITY COUNCIL City Council Chambers July 20, 2015 A Regular Meeting and Joint Public Hearings of the Planning Commission and City Council was held on July 20, 2015 and called to order at 3:16 p.m. with the following members present: Commission Members present: Chairman Sina Nejad Vice-Chairman Marty Craig Commissioner Lynda Kay Makin Commissioner Walter Kyles Commissioner Lauren Williams-Mason Commissioner Bill Little Commission Members absent: Commissioner Ransom “Duce” Jones Commissioner Eddie Senigaur Commissioner Clint Walters Commissioner Frank Messina Commissioner Shani Daigle Councilmembers present: Mayor Becky Ames Coucilwoman Gethrel Williams-Wright Councilman W.L. Pate Councilman Mike Getz Councilwoman Robin Mouton Councilmembers absent: Coucilman Claude F. Guidroz Councilman Audwin Samuel Also present: Chris Boone, Director of Planning and Community Development; Adina Ward, Planner II; Fran Malvo, Recording Secretary; Tyrone Cooper, City Attorney APPROVAL OF MINUTES Commissioner Makin made a motion to approve the minutes of the Regular Meeting and Joint Public Hearing held on September 15, 2014 and October 20, 2014. Commissioner Mason seconded the motion. July 21, 2014 minutes were not approved due to minor corrections that were not made. Motion to approve carried 6:0. REGULAR MEETING 1) Preliminary Plat of Old Dowlen Business Park, Phase One: A request for a Preliminary Plat of Old Dowlen Business Park, Phase One, Lots 1 through 5, 2.6384 acres out of the W.B. Dyches League, A-17, Beaumont, Jefferson County, Texas Applicant: Fitz & Shipman Location: The Northside of Muela Creek Drive Mr. Boone presented the staff report. Fittz & Shipman, Inc. has requested preliminary plat approval of Old Dowlen Business Park, Phase 1, Lots 1 through 5 (a replat of Lot 1- American Home Center). The property is located on the north side of Muela Creek Dr. and west of Old Dowlen Rd. behind Kohl’s Store. The development is a 2.6384 acre, commercial subdivision with 5 (five) lots. All concrete paving, waterlines, fire hydrants, sewer lines, storm inlets, storm sewer lines and street lights exist along Muela Creek Dr. No portion of the property lies within the floodplain and Public Works Engineering has no objection to the subdivision. The applicant is requesting a variance to the sidewalk ordinance (Sec. 26.03.0004) to allow installation of sidewalks at the time each lot is developed. This item was sent to all interested parties. No negative responses were received. The Planning staff recommended approval with the following conditions: 1. Water Utilities will make the water service taps and install the water meters at the contractor's expense. 2. The plumbing contractor will make the sanitary sewer tap and clean out and/or install sanitary sewer manhole to City specifications and be inspected by the Water Utilities Project Manager. 3. If lots are not developed within five (5) years of the recordation of the final plat, the current property owner shall construct the sidewalk. Don King of Fitz & Shipman at 1405 Cornerstone Court was present and addressed the Commisssion. Chairman Nejad asked for any comments or questions for Mr. Boone. No comments were made. The public hearing was closed. Vice-Chairman Craig made a motion to approve the Preliminary Plat- Old Dowlen Business Park, Phase I with the following conditions: 1. Water Utilities will make the water service taps and install the water meters at the contractor's expense. 2. The plumbing contractor will make the sanitary sewer tap and clean out and/or install sanitary sewer manhole to City specifications and be inspected and approved by the Water Utilities Project Manager. 3. If lots are not developed within five (5) years of the recordation of the final plat, the current property owner shall construct the sidewalk. Commissioner Little seconded the motion. Motion to approve carried 6:0. 2) Preliminary Plat-Old Dowlen Business Park, Phase Two: A request for a Preliminary Plat of Old Dowlen Business Park, Phase Two, Lots 6 through 18, 9.5117 acres out of the W.B. Dyches League, A-17, Beaumont, Jefferson County, Texas. Applicant: Fitz & Shipman Location: West of Meula Creek Drive Mr. Boone presented the staff report. Fittz & Shipman, Inc. has requested preliminary plat approval of Old Dowlen Business Park, Phase 2, Lots 6 through 18. The property is located on the west side of Kohl’s Department Store. The development is a 9.5117 acre, commercial subdivision with 13 (thirteen) lots (6 through 18). The subdivision proposes to extend Muela Creek Drive, a 60 foot right-of-way width, and a 37 foot wide concrete street with curb and gutter. A 10 foot utility easement will be provided along each side of the road ROW. Waterlines and fire hydrants will be extended along the proposed Muela Creek Dr. and will provide a looped type by connecting to existing waterlines adjacent to the subdivision. Sanitary sewer lines will be extended from the existing sewer along the existing Muela Creek Dr. Storm inlets and storm sewer lines will connect to the existing storm drainage system. A portion of the subdivision is located within the 100 yr. flood zone (Zone A). The applicant plans to request an abandonment of the existing circular ROW segments that extends beyond the proposed 60 ft. ROW at the existing cul-de-sac of Muela Creek Dr. This abandonment would allow a continuous 60 ft. ROW and 37 ft. wide pavement to the new proposed cul-de-sac. The applicant is requesting a variance to the maximum length of a cul-de-sac. The existing paved section of Muela Creek Dr. is approximately 765 ft. and the proposed extension will add 757 ft. for a total length of 1,522 feet. Also, the applicant is requesting a variance to the sidewalk ordinance (Sec. 26.03.0004) to allow installation of sidewalks at the time each lot is developed. The item was sent to all interested parties. No negative responses were received. The planning staff recommended approval with the following conditions: 1. Straighten the sanitary sewer tap for Lot 18. 2. The waterline easement between Lots 14 and 15 must be a 20 ft. exclusive waterline easement. 3. The sanitary sewer service for Lot 14 must be relocated due to waterline crossing. 4. Verify TCEQ separation in regards to the fire hydrant and sanitary sewer service for Lot 16 and 17. 5. Concrete pavement shall be 7 in. minimum thickness and subgrade shall be lime stabilized at 6 in. thickness. 6. If the street extension is not under construction within two (2) years of the date of city acceptance of the dead-end street on which a temporary cul-de-sac was permitted, then the developer shall construct a permanent cul-de-sac in accordance with city standards within six (6) months of the end of the two-year period. 7. If lots are not developed within five (5) years of the recordation of the final plat, the current property owner shall construct the sidewalk. and with variances to: 1. Maximum length of a cul-de-sac. 2. Sidewalk requirement. Don King with Fitz & Shipman at 1405 Cornerstone Court was present and addressed the Commission. Mr. King stated that a temporary cul-de-sac will be added. A discussion followed between Chairman Nejad and Mr. King regarding what justifies lengthening the cul-de-sac twice as much as what is required in the ordinance. Chairman Nejad asked for any questions or comments for Mr. Boone or the applicant. No comments were made. Vice-Chairman Craig made a motion to approve the Preliminary Plat-Old Dowlen Business Park, Phase II with the following conditions: 1. Straighten the sanitary sewer tap for Lot 18. 2. The waterline easement between Lots 14 and 15 must be a 20 ft. exclusive waterline easement. 3. The sanitary sewer service for Lot 14 must be relocated due to waterline crossing. 4. Verify TCEQ separation in regards to the fire hydrant and sanitary sewer service f or Lot 16 and 17. 5. Concrete pavement shall be 7 in. minimum thickness and subgrade shall be lime stabilized at 6 in. thickness. 6. If the street extension is not under construction within two (2) years of the date of city acceptance of the dead-end street on which a temporary cul-de-sac was permitted, then the developer shall construct a permanent cul-de-sac in accordance with city standards within six (6) months of the end of the two-year period. 7. If lots are not developed within five (5) years of the recordation of the final plat, the current property owner shall construct the sidewalk. and with variances to: 1. Maximum length of a cul-de-sac. 2. Sidewalk requirement. Commissioner Mason seconded the motion. Motion to approve carried 5:1 (Nejad) 3) File 858-OB: A request to abandon a 20’ general utility easement in Block 1, McFaddin Heights Addition, Beaumont, Jefferson County, Texas. Applicant: Chaudhry Bashir Location: Martin Luther King Pkwy @ Isla St. Mr. Boone presented the staff report. Mr. Chaudhry Bashir, on behalf of Arain, LLC, has applied for the abandonment of a 0.06 acre general utility easement. The property is located near the intersection of Martin Luther King Parkway and Isla Street on the north side of Interstate 10 East. Mr. Bashir would like to construct a new convenience store at this location, but the property he owns is divided by this utility easement. Once the easement is abandoned, he would like to replat the property in preparation for construction. The item was sent to all interested parties. No negative responses were received. Mr. Boone stated that during a pre-meeting discussion, it was mentioned that a gas pipeline may be present on the property. Staff recommended approval of the abandonment subject to the confirmation that the pipelines would not make a negative impact on the abandonment. Applicant was not present. Chairman Nejad suggested that since the applicant was not present he would like to table the case. Attorney Tyrone Cooper suggested that it would be in the best interest to table the case since the engineer or surveyor were not present to identify whether or not the pipeline was in the easement. Chairman Nejad made a motion to defer File 858-OB until the parties are present at the next meeting. Commissioner Kyles seconded the motion. JOINT PUBLIC HEARINGS 1) File 2235-P: A request for a Specific Use Permit to allow a construction and agricultural equipment dealership on property zoned GC-MD (General Commercial- Multiple Family Dwelling) Applicant: Barry Graves Location: 1115 Wescalder Road Mr. Boone presented the staff report. Barry Graves is requesting a Specific Use Permit to allow an agricultural and light construction equipment dealership at 1115 Wescalder. His plan is to renovate the existing 9200 sq. ft. building. The building is located on 3.46 acres with adequate parking and utilities. The dealership will provide new and used equipment as well as parts, service and rental. Slides were shown. Eigteen (18) notices were mailed to property owners within 200 feet of the subject property. No responses were returned in favor or in opposition. Planning staff recommended approval with the following condition: 1. Install 6' wide landscaped buffer at Wescalder between existing driveways to shield customer parking area. The applicant, Barry Graves at 1105 Hwy 146, Dayton, Texas was present and addressed the Commission. Chairman Nejad opened the public hearing and asked for comments in favor or against File 2235-P. No comments were made. The public hearing closed. Commissioner Mason made a motion to approve a request for a Specific Use Permit to allow a construction and agricultural equipment dealership on property zoned GC-MD (General Commercial-Multiple Family Dwelling) as requested in File 2235-P with the following condition: 1. Install 6' wide landscaped buffer at Wescalder between existing driveways to shield customer parking area. Commissioner Makin seconded the motion. Motion to approve carried 6:0. OTHER BUSINESS Discussion regarding subdivision standards in the ETJ (Extra-Territorial Jurisdiction). THERE BEING NO OTHER BUSINESS, THE MEETING WAS ADJOURNED AT 3:46 P.M.