HomeMy WebLinkAbout897-OB
DATE: August 19, 2019
TO: Planning Commission and City Council
FROM: Chris Boone, Director of Planning and Community Development
SUBJECT: Request for amendments to the Subdivision and Site Development Regulations,
Sec. 26.01.006, Sec. 26.02.002, Sec. 26.02.003, Sec. 26.02.004 and 26.05.003.
FILE: 897-OB
STAFF REPORT
The Planning Staff is recommending changes be made to Sec. 26 Subdivision and Site
Development Regulations, Sec. 26.01.006, Sec. 26.02.002, Sec. 26.02.003, Sec. 26.02.004 and
26.05.003.
Despite objections from numerous cities, including Beaumont as well as the Texas Chapter of
the American Planning Association, HB 3167 was recently approved by the Texas Legislature
and signed into law by Governor Abbott. The stated purpose of the bill was to mandate a strict
“shot clock” for rapid subdivision review and allow for a liberal appeal process. While this bill
may have addressed issues in some larger jurisdictions, historically, the issues it attempted to
address were not common in Beaumont. Unfortunately, the law will greatly limit the ability of
the Commission and staff to work with applicants to get a plat approved due to the strict new
“shot clock”.
Specifically, the new law requires that the Planning Commission vote on a proposed plat within
thirty (30) days of submission. In the past, applicants were able to request extensions to address
issues with a plat and the item could be heard at the next meeting. Under this new law, an
applicant may request an extension in writing. However, if the Commission agrees to the
extension, a special meeting would have to be held to then vote on the item to meet the new
“shot clock” requirements.
In addition, conditional approvals and denials will need to specifically articulate the reason for a
condition or denial, citing the specific regulation.
In addition, at any point after a conditional approval or denial of a plat, the applicant may appeal
the decision of the Commission. The Commission will then have to reconvene within fifteen
(15) days. If the next regularly scheduled meeting is beyond the mandated fifteen (15) day
period, a special meeting of the Commission would be required to be held. Should any of these
mandated deadlines be missed, the plat would be deemed automatically approved, regardless of
the deficiencies.
Due to the mandate for the amendment to the City’s ordinances, staff is taking the opportunity to
recommend some other amendments to the Subdivision Regulations. Most of these proposed
changes are minor. However, staff is recommending a clarification of the definition of
“Frontage”. Historically, new lots should have adequate frontage on a public street or road or a
private street, if approved by the Planning Commission. This provides for orderly development
and access to needed public services such as access, water, sewer and other utilities as well as
access to police and fire services. However, it may be acceptable to consider commercial lots
that have direct access not to a public street, but via an easement, provided this easement is open
to the public and perpetual.