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HomeMy WebLinkAbout9-12-12 PC Minutes M I N U T E S REGULAR MEETING JOINT PUBLIC HEARINGS PLANNING COMMISSION CITY COUNCIL City Council Chambers September 17, 2012 A Regular Meeting and Joint Public Hearings were held on September 17, 2012 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 Eddie Senigaur Commissioner Bill Little Commissioner Frank Messina Commission members absent: Commissioner Ransom Jones Commissioner Glenn Bodwin Commissioner Steven Johnson Commissioner Clint Walters Councilmembers present: Mayor Becky Ames Councilmember-at-Large Gethrel Williams-Wright Councilman Mike Getz Councilman Audwin Samuel Councilmembers absent: Mayor Pro-Tem Alan Coleman Councilman-at-Large W. L. Pate 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 APPROVAL OF MINUTES Vice-Chairman Craig made a motion to approve the minutes of the Regular Meeting and Joint Public Hearings held August 20, 2012. Commissioner Senigaur seconded the motion. Motion to approve carried 8:0. Planning Commission September 17, 2012 REGULAR MEETING 1) Preliminary Plat - Whispering Heights, Phase 1: Consider the Preliminary Plat of Whispering Heights, Phase 1; Lots 1-28, Block 1; Lots 1-12, Block 2; Lots 1-19, Block 3, W. B. Dyches Survey, Ab. No. 17. Applicant: Fittz & Shipman, Inc. Mr. Richardson presented the staff report. This item is a request for preliminary plat approval of Whispering Heights, Phase I. The location of the property is east of Pointe Parkway and north of Folsom Extension. The residential subdivision includes 49 single family lots with a typical size of 70' x 120'. Phase I is the first of several phases that will eventually extend to Homsar Pointe= Boulevard to the north. The Public Works Director has informed the property owners that when extensions of Pointe= Parkway and Homsar Pointe= Boulevard are made in future phases, a 100' wide right-of-way will be required for both streets. Sidewalks will be installed. This item was sent to all interested parties. Comments from various agencies have made conditions for approval. Those conditions are listed in the staff report. Mr. Richardson recommended approval subject to the 12 conditions listed in the staff report.The Planning Manager recommends approval subject to the following conditions: 2. Add a valve at Saif Wood and Rahen Wood. 3. Re-evaluate the size of the water line in the cul-de-sac of Saif Wood, Uzma Wood or Rehan Wood. The 4" water liine is not permitted. 4. Relocate the arrow for the 20' exclusive water line between Lots 10 and 11, Block 1 to clarify what is being labeled. 5. Add 3 valves at Mumtaz Drive and Rehan Wood. 6. Show the water services for Lot 12, Block 2. 7. Show the sanitary sewer service for Lot 28, Block 1. 8. Relocate the sanitary sewer services for Lots 13 and 23, Block 1 and Lot 12, Block 2 to 5' to the left of the center of the lot. 9. Relocate the fire hydrant at Lot 24, Block 1 west to the property line. 2 Planning Commission September 17, 2012 10. Provide Water Utilities with an agreement or easement from Drainage District #6 granting permission for the proposed 8" water main to cross their right-of-way. 11. Reflect wheel chair ramps on the plat. 12. Delete the overflow swale note on the plat. 13. Radii at street corners shall be 25'. Chairman Nejad asked for the applicant=s comments. Ben Tristan with Fittz & Shipman addressed the Commission. Vice-Chairman Craig made a motion to approve the Preliminary Plat of Whispering Heights, Phase 1 subject to the following conditions: 14. Add a valve at Saif Wood and Rahen Wood. 15. Re-evaluate the size of the water line in the cul-de-sac of Saif Wood, Uzma Wood or Rehan Wood. The 4" water liine is not permitted. 16. Relocate the arrow for the 20' exclusive water line between Lots 10 and 11, Block 1 to clarify what is being labeled. 17. Add 3 valves at Mumtaz Drive and Rehan Wood. 18. Show the water services for Lot 12, Block 2. 19. Show the sanitary sewer service for Lot 28, Block 1. 20. Relocate the sanitary sewer services for Lots 13 and 23, Block 1 and Lot 12, Block 2 to 5' to the left of the center of the lot. 21. Relocate the fire hydrant at Lot 24, Block 1 west to the property line. 22. Provide Water Utilities with an agreement or easement from Drainage District #6 granting permission for the proposed 8" water main to cross their right-of-way. 23. Reflect wheel chair ramps on the plat. 24. Delete the overflow swale note on the plat. 25. Radii at street corners shall be 25'. Commissioner Little seconded the motion. Motion to approve carried 8:0. 2) File 820-OB: Request to abandon the alley behind Lot 1, Tract 1, Block 9, Fuller and Keith Addition. Applicant: Patrick Gibbs Mr. Richardson presented the staff report. Patrick Gibbs, agent for an 3 Planning Commission September 17, 2012 adjacent property owner, has applied for the abandonment. Mr. Gibbs states that Mr. Austin, the owner of the old Red Cross building, is renovating that building. He would like to use the proposed abandoned alley for parking. This 15' x 58" portion of the alley is all that remains of the alley that used to run from Hazel to North. Mr. Richardson recommended approval. Two notices were mailed to property owners adjacent to the alley. No responses in favor and none in opposition were returned. Chairman Nejad opened the public hearing and asked for comments. Patrick Gibbs, 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 Senigaur made a motion to approve the request to abandon the alley behind Lot 1, Tract 1, Block 9, Fuller and Keith Addition as requested in File 820-OB. Commissioner Kyle seconded the motion. Motion to approve carried 8:0. JOINT PUBLIC HEARINGS Mayor Ames called the Joint Public Hearings of September 17, 2012 to order and explained the purpose of the joint hearing process and then turned the meeting over to Chairman Nejad. Chairman Nejad explained the policies and procedures for the hearing process. 3) File 2142-Z/P: Request for a zone change from RCR (Residential Conservation and Revitalization) District to NC (Neighborhood Commercial) District and a specific use permit to allow a sno-cone stand in an NC (Neighborhood Commercial) District. Location: Northeast corner of Franklin and Avenue A. Applicant: Yolanda Conner Mr. Richardson presented the staff report. Yolanda Conner, the property owner, states that the sno-cone stand will operate from 11 a.m. to 7 p.m., Monday - Saturday. The business will have up to two employees. Since both side streets are major streets, 5' wide sidewalks will be required along 4 Planning Commission September 17, 2012 both frontages. Mr. Richardson recommended approval subject to the following conditions:  A 5' wide sidewalk will be installed along both Ave. A and Franklin.  Shift the parking spaces to allow for a 6' wide landscape beds along the parking lot frontages along Ave. A and Franklin. and with a modification to the landscaping requirement along the north property line which would allow a 6' wide landscape bed. Twenty-three notices were mailed to property owners within 200'. 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 comments. Claude Conner, 2290 Avenue D, addressed the Commission. Chairman Nejad closed the public hearing. Commissioner Mason made a motion to approve a zone change from RCR District to NC District and a specific use permit to allow a sno-cone stand in an NC District at the northeast corner of Franklin and Avenue A as requested in File 2142-Z/P, subject to the following conditions:  A 5' wide sidewalk will be installed along both Ave. A and Franklin.  Shift the parking spaces to allow for a 6' wide landscape beds along the parking lot frontages along Ave. A and Franklin. and with a modification to the landscaping requirement along the north property line which would allow a 6' wide landscape bed. Commissioner Makin seconded the motion. Motion to approve carried 8:0. 4) File 2143-P: Request for a specific use permit to allow a child day care in an RS (Residential Single Family Dwelling) District. Location: 8375 Homer 5 Planning Commission September 17, 2012 Applicant: Rhonda Savoy Mr. Richardson presented the staff report. Rhonda Savoy, the property owner, states that several years ago, she operated a day care out of her home. She is now seeking a specific use permit to reopen a child care facility for up to twelve children. The day care will typically operate Monday - Friday, 6 a.m. to 6 p.m. Evening care will run from 6 p.m. to 6 a.m. She will also provide 24 hour care on weekends and school holidays. An additional employee will assist Ms. Savoy when six or more children are on the premises. Ms. Savoy is requesting a modification to the landscaping/screening requirements along the north, south and west property lines. She has a 4' tall chain link fence surrounding the rear of the property. She would prefer to keep the chain link fence. Mr. Richardson recommended approval subject to the following condition:  If the specific use permit is approved, Ms. Savoy must apply for a certificate of occupancy. Prior to the issuance to the certificate of occupancy, Ms. Savoy must comply with all of the required codes of the City of Beaumont and with a modification to the landscaping/screening requirements along the north, south and west property lines (4' tall chain link fence and no 10' wide landscape strip). 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. Rhonda Savoy, the applicant, addressed the Commission. Chairman Nejad asked for comments in favor or in opposition. Wanda Brammer, 8355 Homer, addressed the Commission and expressed concerns about the hours from 6 p.m. to 6 a.m. 6 Planning Commission September 17, 2012 Rebuttal by Ms. Savoy. She said there would be no picking up of children between those hours. Chairman Nejad closed the public hearing. Commissioner Kyles made a motion to approve a specific use permit to allow a child day care in an RS (Residential Single Family Dwelling) District at 8375 Homer as requested in File 2143-P subject to the following condition:  If the specific use permit is approved, Ms. Savoy must apply for a certificate of occupancy. Prior to the issuance to the certificate of occupancy, Ms. Savoy must comply with all of the required codes of the City of Beaumont and with a modification to the landscaping/screening requirements along the north, south and west property lines (4' tall chain link fence and no 10' wide landscape strip). Commissioner Little seconded the motion. Motion to approve carried 8:0. 5) File 821-OB: Request for amendments to the Zoning Ordinance, Section 28.03.023(e), Section 28.04.008(28), Section 28.03.023(e), Section 28.04.008(29), Section 28.01.004(b) and Section 28.04.020(b) and to the Subdivision and Site Development Regulations, Section 26.03.004 and Section 26.04.002. Applicant: City of Beaumont Planning Division Mr. Richardson presented the staff report. This item is a request to amend several sections of the Subdivision Regulations and the Zoning Ordinance. The first two recommended change are to the Subdivision Regulations. They include:  Sec. 26.03.004 A certificate of occupancy and/or lot compliance will not be issued until a sidewalk is installed prior to the final building inspection. If the lot is not developed with five years of the recordation of the final plat, the current property owner shall construct the sidewalk. 7 Planning Commission September 17, 2012 Sidewalks in residential areas shall have a minimum width of 4' if built a minimum distance of 2' from the back of curb. Sidewalks constructed at the back of curb will be a minimum width of 5'. In commercial and industrial developments, Sidewalks shall have a minimum width of 5'. 2. Sec. 26.04.002 On collector and higher classification streets, sidewalks are required prior to the approval and recordation of the final plat. On non-major streets, in lieu of requiring sidewalks prior to the approval and recordation of the final plat, the subdivider will place on the plat that sidewalks are required prior to the final building inspection 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. At all street intersections, sidewalk ramps will be built to meet ADA requirements prior to the approval and recordation of the final plat. 3. Sec. 28.01.004(b) Change the name of Family homes to Community homes to meet the State=s regulations. 4. Sec. 28.03.020(b) Add the definition of portable signs to the Urban Corridor Sign Overlay District. 5. Sec. 28.03.023(e) Add Special Condition 28 to SIC Group 703. 6. Sec. 28.04.008(28) Add Special Condition 28 stating, A Living in recreational vehicles shall not be permitted except in designated recreational vehicle parks.@ 7. Sec. 28.03.023(e) Add Special Condition 29 to SIC Group 5813 8 Planning Commission September 17, 2012 8. Sec. 28.04.008(29) Add Special Condition 29 stating, A For the purpose of this ordinance, bottle clubs, which shall be defined as social meeting places where patrons are served drinks from their own bottles of alcoholic beverages shall be classified under SIC Group 5813, Drinking Places. This definition shall not include eating places that serve individuals from the individual=s own bottle or private stock. Chairman Nejad asked for comments in favor or in opposition. Rodney Cooley addressed the Commission in favor or the request. No comments were made. The public hearing was closed. Commissioner Mason made a motion to approve the following amendments to the Zoning Ordinance: Sec. 26.03.004, Sidewalks Amendment: A certificate of occupancy and/or compliance for a lot shall not be issued until the sidewalk requirements for that lot are met. When platting, sidewalks shall be installed before the final plat may be filed or a bond or cash payment as allowed by section 26.04.002(1) or (2) may be provided that guarantees the sidewalk will be installed prior to the final building inspection. If the lot is not developed within two (2) five (5) years of the recordation of the final plat, the current property owner shall construct the sidewalk. A building permit includes the construction of any sidewalk that my be required for that lot. Sidewalks with a minimum width of four (4) feet shall be constructed under the following conditions: (1) Residential. 9 Planning Commission September 17, 2012 (A) To complete an existing sidewalk system. (B) Within new subdivisions. (C) On all arterial and collector streets. (D) On all A safe school routes @. A Safe school routes @ shall be those which have been developed and designated by the planning and zoning commission with necessary assistance from the transportation division and appropriate affected school authorities. (E) Sidewalks shall have a minimum width of four (4) feet if built a minimum distance of two (2) feet from the back of the curb. Sidewalks constructed at the back of the curb shall have a minimum width of five (5) feet. 2. Commercial and industrial. (A) To complete an existing sidewalk system. (B) Within new subdivisions. (C) On all arterial and collector streets. (D) On all A safe school routes @. A Safe school routes @ shall be those which have been developed and designated by the planning and zoning commission with necessary assistance from the transportation division and appropriate affected school authorities. (E) Sidewalks shall have a minimum width of five (5) feet. 3) The planning and zoning commission may grant a waiver to the sidewalk requirement if the applicant can prove that there is an engineering reason for not installing a sidewalk. Sec. 26.04.002, Alternatives to completion of improvements. 10 Planning Commission September 17, 2012 Amendment: In lieu of requiring the completion of all improvements, except sidewalks (see (5) below), prior to the approval and the recording of the final plat, the City Manager or his designee may, at his discretion, enter into an agreement with the subdivider whereby the subdivider shall provide one of the following guarantees: 1. The applicant shall post cash, a payment of performance bond, or an irrevocable letter of credit payable to the City of Beaumont in an amount equal to 130% of the estimated cost. This amount shall include the City=s cost of administering the completion of the improvement in the event the subdivider defaults as provided herein. The security shall be deposited with the City or in escrow with a bank at the option of the City. Such bond or letter of credit shall comply with all statutory requirements and shall be satisfactory to the City Attorney as to form, sufficiency, and manner of execution as set forth in these regulations. The period within which required improvements must be completed shall be specified by the City Manager or his designee and shall be incorporated in the bond or letter of credit. In those cases where a bond or letter of credit has been posted and the required improvements have not been installed within the terms of the bond or letter of credit, the government body may thereupon declare the bond or letter of credit in default and require that all of the improvements be installed. 2. If a bank escrow is chosen, or if a letter of credit is submitted, the subdivider shall file with the city an agreement between the bank and the subdivider guaranteeing the following: 1. That the funds of said escrow account shall be held in trust until released by the city and may not be used or pledged by the subdivider as security in any other matter during that period; and 2. That in the case of a default on the part of the subdivider, the bank shall immediately make the escrowed funds available to the city for use in the 11 Planning Commission September 17, 2012 completion of the required improvements. 3. In those cases where improvement guarantees have been made under the provisions of this section, the amount of the required guarantee may be reduced by the city manager upon acceptance of the dedicated portion of the required improvements. The amount of the reduction shall not exceed the percentage which the newly accepted improvements are of all originally required improvements. In no case, however, shall the guarantee be reduced to less than fifteen (15) percent of the original amount. Upon acceptance of the dedication of the final portion of improvements, the city shall authorize the release of the remaining portion of the improvement guarantee. 5. Connections to city utilities shall not occur until all improvements, except for sidewalks, have been accepted by the city and the final plat has been approved and recorded. 6. On collector and higher classification streets, except for residential streets, sidewalks are required prior to the approval and recordation of the final plat. On non-major streets, 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 prior to the final building inspection 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. At all street intersections, sidewalk ramps will be built to meet ADA requirements prior to the approval and recordation of the final plat. Sec. 28.01.004(b), Definitions Amendment: Family Community home. A residential home for no more than six (6) disabled persons and two (2) staff persons and meeting all of the requirements of Vernon=s Code Annotated, Human Resources Code, Chapter 123. Sec. 28.03.020(b), Urban Corridor Overlay District Regulations, Definitions Amendment: 12 Planning Commission September 17, 2012 Sign. portable. Any sign that is not permanently attached to the ground or any other structure and is designed to be moved from place to place. Sec. 28.03.023(e), Permitted Use Table Amendment: Add Special Condition 28 to SIC Group 703 Sec. 28.04.008(28) Amendment: (28) Living in recreational vehicles shall not be permitted except in designated recreational vehicle parks. Sec. 28.03.023(e), Permitted Use Table Amendment: Add Special Condition 29 to SIC Group 5813 Sec. 28.04.008(29) Amendment: (29) For the purpose of this ordinance, bottle clubs, which shall be defined as social meeting places where patrons are served drinks from their own bottles of alcoholic beverages shall be classified under SIC Group 5813, Drinking Places. This definition shall not include eating places that serve individuals from the individual=s own bottle or private stock. Commissioner Craig seconded the motion. Motion to approve carried 8:0. OTHER BUSINESS THERE BEING NO FURTHER BUSINESS, THE MEETING WAS ADJOURNED. 13