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HomeMy WebLinkAbout7-16-12 PC Minutes M I N U T E S REGULAR MEETING JOINT PUBLIC HEARINGS PLANNING COMMISSION CITY COUNCIL City Council Chambers July 16, 2012 A Regular Meeting and Joint Public Hearings were held on July 16, 2012 with the following members present: Commission members present: Chairman Sina Nejad Vice Chairman Marty Craig Commissioner Lynda Kay Makin Commissioner Ransom Jones Commissioner Glenn Bodwin Commissioner Walter Kyles Commissioner Lauren Williams Mason Commissioner Bill Little Commission members absent: Commissioner Steven Johnson Commissioner Eddie Senigaur Commissioner Clint Walters Commissioner Frank Messina Councilmembers present: Mayor Pro-Tem Alan Coleman Councilman-at-Large W. L. Pate Councilmember-at-Large Gethrel Williams-Wright Councilman Mike Getz Councilman Audwin Samuel Councilmembers absent: Mayor Becky Ames Councilman Jamie D. Smith Also present: Steve Richardson, Planning Manager; Jill Cole, Recording Secretary; Adina Ward, Planner; Tyrone Cooper, City Attorney; Chris Boone, Community Development Director; Sharae Bassett, First Assistant City Attorney APPROVAL OF MINUTES Commissioner Craig made a motion to approve the minutes of the Regular Meeting and Joint Public Hearings held June 18, 2012. Commissioner Mason seconded the motion. Motion to approve carried 8:0. Planning Commission July 16, 2012 REGULAR MEETING 1) Preliminary Plat - Fairfield, Phase III: Consider the Preliminary Plat of Fairfield, Phase III, Lots 45-64, Block 1 out of the H. Williams Sr. Survey, Abstract No. 56. Applicant: Carroll & Blackman, Inc. Mr. Richardson presented the staff report. Joe Pattie, representing Carroll and Blackman, Inc., states that Phase III will consist of 20 single family residential lots. As part of this development, Westfield Avenue will be extended to the east side of the DD#6 ditch 123-D. Westfield will eventually tie in with Claybourn Drive in Barrington Heights. The construction of Westfield will be a joint effort of the developer, BISD and DD#6. Within two years, BISD plans to start construction of a new elementary school on a 19 acre tract that it owns on the north side of Westfield. On another agenda item, the Planning Commission will consider the name change of Westfield to Claybourn. Mr. Richardson recommended approval subject to the following conditions:  Change the name of Westfield Avenue to Claybourn Drive.  Sidewalks will be constructed on both sides of Mystic Lane and Westfield Avenue prior to the final plat approval or a financial guarantee will be submitted to the City to guarantee construction as required by the Subdivision Regulations. Chairman Nejad asked for the applicant=s comments. Joe Pattie with Carroll & Blackman, Inc. addressed the Commission. Commissioner Jones made a motion to approve the Preliminary Plat of Fairfield, Phase III, Lots 45-64, Block 1 out of the H. Williams Sr. Survey, Abstract No. 56 as requested, subject to the following conditions:  Change the name of Westfield Avenue to Claybourn Drive.  Sidewalks will be constructed on both sides of Mystic Lane and Westfield Avenue prior to the final plat approval or a financial guarantee will be submitted to the City to guarantee construction as required by the Subdivision Regulations. 2 Planning Commission July 16, 2012 Commissioner Craig seconded the motion. Motion to approve carried 8:0. 2) File 815-OB: Request to abandon a 50' x 50' portion of Genoa Street and two 20' x 50' sections of alley right-of-way. Location: Blocks 5 and 6, G. Cuchia Subdivision Applicant: City of Beaumont Public Works Department Mr. Richardson presented the staff report. The request is for the abandonment of a 50' x 50' portion of Genoa Street and two 20' x 50' sections of alley in Blocks 5 and 6, G. Cuchia Subdivision. The City of Beaumont Public Works Department has applied for these abandonments. All three rights-of-way are unimproved and unused remnants that dead-end into private property. The City wishes to abandon these unused rights-of-way and get them back on the tax rolls. This item was sent to all interested parties. No negative responses have been received. Mr. Richardson recommended approval. The four adjacent property owners were notified. No responses in favor or in opposition were returned. Chairman Nejad opened the public hearing and asked for comments. No comments were made. The public hearing was closed. Commissioner Makin made a motion to approve a request to abandon a 50' x 50' portion of Genoa Street and two 20' x 50' sections of alley right-of-way, Blocks 5 and 6, G. Cuchia Subdivision as requested in File 815-OB. Commissioner Craig seconded the motion. Motion to approve carried 8:0. 3) File 816-OB: Request to abandon a 0.009 acre water line easement. Location: 6655 Highway 105 Applicant: Jeremy Mitchell, Faust Engineering, Inc. for The Anchor Church Mr. Richardson presented the staff report. Jeremy Mitchell, representing The Anchor Church, states that the subject easement was dedicated to accommodate a fire hydrant needed for the new church sanctuary being constructed. After filing this easement, a different route to the fire hydrant 3 Planning Commission July 16, 2012 was approved by Water Utilities and a new easement was dedicated and filed. The church would now like to have the first easement abandoned. Mr. Richardson recommended approval. This item was sent to all interested parties. No negative responses have been received. Commissioner Kyles made a motion to approve a request to abandon a 0.009 acre water line easement at 6655 Highway 105 as requested in File 816-OB. Commissioner Mason seconded the motion. Motion to approve carried 8:0. 4) File 817-OB: Request to abandon a 10' sanitary sewer easement. Location: 2580 S. Fourth Street Applicant: Gina Aguirre, representing John Dhuka Mr. Richardson presented the staff report. Gina Aguirre, representing the property owner, states that plans have been submitted to the City for the construction of an 8,385 sq. ft. of retail space at the northwest corner of S. th 4 Street and Cartwright. In order for the retail center to be built, the subject easement must be abandoned. An existing sewer main will be abandoned and replaced by a private line. The request was sent to all interested parties. No negative responses were received. Mr. Richardson recommended approval of the request. Chairman Nejad asked for comments. No comments were made. Commissioner Craig made a motion to approve the abandonment of a 10' sanitary sewer easement at 2580 S. Fourth Street as requested in File 817-OB. Commissioner Kyles seconded the motion. Motion to approve carried 8:0. JOINT PUBLIC HEARINGS Councilman Samuel called the Joint Public Hearings of July 16, 2012 to order and explained the purpose of the joint hearing process and then turned the meeting 4 Planning Commission July 16, 2012 over to Chairman Nejad. Chairman Nejad explained the policies and procedures for the hearing process. 5) File 813-OB: Request for a street name change from Westfield Avenue to Claybourn Drive. Location: Between N. Major Drive and the east property line of Fairfield Addition, Ph. II. Applicant: City of Beaumont Planning Division Mr. Richardson announced that File 813-OB has been moved to the August, 2012 agenda. 6) File 2137-Z: Request for a zone change from GC-MD (General Commercial-Multiple Family Dwelling) District with an HC (Historic-Cultural Landmark Preservation Overlay District) to GC-MD (General Commercial-Multiple Family Dwelling) District. th Location: South side of Liberty, approximately 258' east of 11 Street Applicant: Altus Healthcare Management, L. P. Mr. Richardson presented the staff report. Kevin Herrington, representing Altus Healthcare Management, L.P., states that as Altus= physician network has grown, the company now finds it necessary to construct a medical office building. Altus has plans to construct this medical office building on six lots that are zoned GC-MD. A commercial building currently exists on Lots 10-14. All of the lots, except for Lot 10, are located outside of the Oaks Historic District. Altus is requesting that Lot 10 be deleted from the Oaks Historic District so that it can develop the property for medical office purposes. On July 9, the Historic Landmark Commission recommended approval of 2137-Z by a vote of 8:0. Mr. Richardson recommended approval. Twenty-six notices were mailed to property owners within 200 feet. No responses in favor or in opposition were returned. Slides of the subject property were shown. Chairman Nejad opened the public hearing and asked for the applicant=s comments. 5 Planning Commission July 16, 2012 Josh Young, Project Manager for Altus, addressed the Commission. Chairman Nejad asked for comments in favor or in opposition. No comments were made. The public hearing was closed. Commissioner Jones made a motion to approve a zone change from GC-MD (General Commercial-Multiple Family Dwelling) District with an HC (Historic-Cultural Landmark Preservation Overlay District) to GC-MD (General Commercial-Multiple Family Dwelling) District for property on th the south side of Liberty, approximately 258' east of 11 Street as requested in File 2137-Z. Commissioner Little seconded the motion. Motion to approve carried 8:0. 7) File 2138-P: Request for a specific use permit to allow a drinking place in a GC-MD (General Commercial-Multiple Family Dwelling) District. Location: 3684 College Street, Suite B Applicant: Roy Bob=s Food and Beverage Co. Mr. Richardson presented the staff report. Roy Etie, representing Roy Bob=s Food and Beverage Co., states that he would like to open a comedy club on the subject property. The club will sell alcoholic beverages. The comedy club, Laugh Out Loud, will operate between the hours of 4 p.m. and 2 a.m., Monday-Sunday. The club will have a service bar and a stage and seating for comedy performances. On special occasions, live bands will be booked to play. Fifteen to twenty employees will work at the club. This location had a specific use permit to allow a club called The Ticket. That club has since closed. After that closure, the location was used as a teen club for a short while. For a drinking place to reoccupy the space, a new specific use permit must be granted by City Council. In his review of this specific use permit, the Fire Marshal stated that all code related items must be inspected and approved prior to the issuance of a certificate of occupancy. Mr. Richardson recommended approval subject to the following condition:  All code related items must be inspected and approved prior to the issuance of a certificate of occupancy. 6 Planning Commission July 16, 2012 Twenty notices were mailed to property owners within 200 feet. No responses in favor or in opposition were returned. Slides of the subject property were shown. Chairman Nejad opened the public hearing and asked for the applicant=s comments. Roy Etie, the applicant, addressed the Commission. Chairman Nejad asked for comments in favor or in opposition. No comments were made. The public hearing was closed. Commissioner Mason made a motion to approve a specific use permit to allow a drinking place in a GC-MD (General Commercial-Multiple Family Dwelling) District at 3684 College Street, Suite B as requested in File 2138-P, subject to the following condition:  All code related items must be inspected and approved prior to the issuance of a certificate of occupancy. Commissioner Craig seconded the motion. Motion to approve carried 8:0. OTHER BUSINESS When platting a subdivision, the Subdivision Regulations allow for the City to enter into an agreement with the developer to put up a guarantee for public improvements if not completed before the filing of the final plat. In 2010, City Council approved an amendment to the Subdivision Regulations that requires sidewalks in all subdivisions and on all arterial and collector streets. After a lull in platting, we are now beginning to see subdivisions being platted with sidewalks required. This has become an issue with developers. Normally, sidewalks are not installed until after the house is constructed. Developers don=t want to install the sidewalks initially because they get torn up during building construction. Lots are sold and are no longer under the ownership of the original developer. Mr. Richardson and Commissioner Little discussed solutions. They 7 Planning Commission July 16, 2012 suggested: 1. Amend Sec. 26.04.002 of the Subdivision Regulations to read, A In lieu of requiring the completion of all improvements, except sidewalks (see (5) below),...... 2. Add a # 5 to read, A In lieu of requiring sidewalks prior to the approval and recording of the final plat, the subdivider will place a note on the plat that sidewalks are required and will deed restrict each lot requiring the owner of each lot to construct the sidewalk prior to the completion of the structure and the final building inspection.@ THERE BEING NO FURTHER BUSINESS, THE MEETING WAS ADJOURNED AT 3:51 P.M. 8