HomeMy WebLinkAbout02-15-1990 Meeting
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MINUTES
PLANNING & ZONING COMMISSION MEETING
FEBRUARY 15, 1990
Members Present: Chairman Janet Graves, Commissioners Inge
Browder, Bobby Blackwell, Eugene Edmonds, Jack
Gresham, Charles D. Boyle
Members Absent: Commissioner Lola Phillips
City Staff: Director of Community Development Joel
Albrecht, Chief Building Official Ervin
Griffith, Community Development Secretary Nina
Browning, Assistant City Attorney John
Armstrong
Others Present: Mr. & Mrs. Louie Richards, Mr. & Mrs. Mike
Pizzitola, Darrell Gibsen
1) CALL TO ORDER
Meeting was called to order by Janet Graves at 7:00 PM.
2) APPROVE MINUTES OF DECEMBER 7, 1989, PUBLIC HEARING AND
REGULAR MEETING.
A motion was made by Inge Browder and seconded by Jack Gresham
to approve the minutes of the December 7, 1989 meeting as
submitted. All were in favor and the motion passed.
3) CONSIDER SPECIAL CONDITIONAL USE PERMIT REQUEST #SCU90-001,
MADE BY .REV. WAYNE SPEARS ON BEHALF OF THE FAIRMONT PARR
BAPTIST CHURCH, TO ALLOW THE PLACEMENT OF A PORTABLE BUILDING
TO BE USED FOR CHURCH STORAGE.
PUBLIC HEARING CALLED TO ORDER - 7:04 PM.
Mr. Albrecht stated that the request was for a Special
Conditional Use Permit (SCUP) to allow placement of a portable
building to be used as a storage building on the church
property located at 10401 Belfast Dr. This is in accordance
with the provisions of Section 5-600, Table A of Zoning
Ordinance #1501. This section requires that a SCUP be issued
prior to the construction or expansion of any religious
facility located within a Low Density Residential zone.
The building is presently located near the north eastern
® corner of the church's property. It has been placed twenty-
two (22) feet from the east side property line and twenty-
seven (27) feet from the north (rear) property line. This
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Planning & Zoning Meeting
Minutes of 2-15-90
Page 2 of 4
places the building approximately four hundred and fifteen (415)
feet from the front property line and five hundred and thirty-five
(535) feet from the west side property line. The building complies
with City setback requirements.
In conclusion, Mr. Albrecht stated that the request meets
Zoning Ordinance prerequisites and is therefore eligible to
be considered for a Special Conditional Use Permit. Mr.
Albrecht expressed staff's suggestion of conditions that
should possibly be attached to the permit if approved, they
are as follows:
(1) Landscaping: The area immediately surrounding this
building shall be landscaped. The purpose of the
landscaping is to improve the aesthetic appearance of the
site. Required landscaping shall not obscure the view
of the building entrance or the surrounding area. The
landscaping planting plan shall require approval by the
Director of Community Development. Required landscaping
shall be in place at a date no later than thirty (30)
days from the date of permit approval.
® (2) Security lighting: All faces of the storage building
containing door or window openings shall be illuminated
by security lighting. Such lighting shall be directed
toward the building and away from adjacent property
lines. Required lighting shall be in place and
functional at a date no later than thirty (30) days from
the date of permit approval.
(3) Building Relocation: Consider the possibility of moving
the building to another location.
Mrs. Graves asked if anyone wished to speak in favor of the
request.
1) Mrs. Richards - 10435 Quiet Hill - Representing the
church. She stated that the building in question
was 24 x 32 ft. and not 12 x 24 ft. as indicated.
This building is used as storage for extra items
(i.e. chairs, baby beds).
Mr. Blackwell ask Mrs. Richards if there was any
possibility of the church ever moving the building from
the property? Mrs. Richards stated that the long range
plan could possibly include moving the building as
additional parking space is needed.
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Planning & Zoning Meeting
Minutes of 2-15-90
Page 3 of 4
Mr. Edmonds ask Mrs. Richards if the church would
consider moving the building now to another location
perhaps closer and behind the church away from the other
people's property line? Mrs. Richards said that this was
what she was referring to in the long-range plan. Mr.
Edmonds ask her if they would be willing to do this now
and not in the future. Mrs. Richards stated that this
would not be feasible at this time.
Mrs. Graves ask if anyone wished to speak in opposition of
this request.
(1) Mike Pizzitola - 3102 Oaken - The building is
directly behind his fence and is an eye-sore and a
haven for juveniles to misbehave, hide in and they
are constantly breaking out the windows. He had
some items stolen from his home and they were later
found hidden in this building. He stated the items
stored in this building is junk that probably will
never be used again. He was strongly against the
permit.
(2) Darrell Gibsen - 10438 Antrim - Stated that he was
against the permit. The kids gather around the
building and jump over the fence and come in their
yards.
4) CL03E PUBLIC HEARING
Mrs. Graves declared the Public Hearing closed at 7:22.
Mrs. Graves read into the record the responses received from
the surrounding property owners (within the 200 ft. radius).
They are as follows:
(1) D. Gibsen - 10438 Antrim - In opposition
(2) Harman E. Cook - 10419 Carlow Ln. - In opposition
(3) Penny Hambrick - 3110 Oaken Ln. - In opposition
(4) Bud/Dianne Russell - 10455 Antrim - In opposition
(5) Patrick/Kimberly Kelly - 10439 Antrim - In
opposition
(6) Leslie Graham - 10446 Antrim - In opposition
(7) Mike Vaughn - 3118 Oaken Ln. - In opposition
(8) Jerome McKown - 4918 Meadowcrest - In opposition
(9) Mike/Joy Pizzitola - 3102 Oaken - In opposition
(10) Frank Klein- 3114 Oaken Ln. - In opposition
(il) Deborah Kuster - 10338 Antrim - In favor
® (12) Kenneth Vogel - 10343 Belfast - In favor
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Planning & Zoning Meeting
Minutes of 2-15-90
Page 4 of 4
5) CALL FOR VOTE TO APPROVE OR DENY SPECIAL CONDITIONAL USE
PERMIT REQUEST # SCU90-001.
After discussion Bobby Blackwell made a motion to deny the
Special Conditional Use Permit, motion was seconded by Eugene
Edmonds. All were in favor and the motion passed.
6) UPDATE ON IMPLEMENTATION OF SIGN REGULATIONS OF SECTION 10-
1000, ORDINANCE 1501 AS THEY APPLY TO PORTABLE SIGNS. NO
COMMISSION ACTION REQUIRED.
Mr. Albrecht brought the Commission up to date on the status
of the portable sign removal. The guidelines for their
removal was established on March 27, 1989 with a one (1) year
deadline period to comply with the requirements. Mr. Albrecht
state that the one (1) year period will be up March 27th of
this year and that most of the portable signs have been
removed with approximately 30-40~ still in place.
Mr. Albrecht had one other item for the Commission. He gave
each member a copy of the La Porte Vision '89 Goals and asked
that they review them for possible future discussion.
Mrs. Graves had another item for the meeting concerning the
appointment by Doug Latimer (when he was Chairman of P & Z)
of Inge Browder, Charlie Boyle, Janet to meet with the Main
Street Association whenever they decided they wanted the
Commission to meet with them, since Janet is now the Chairman
of the P & Z Commission she felt it was no longer appropriate
for her to meet with them and Eugene Edmonds has agreed to
take her place.
7) ADJOURN
A motion was made by Inge Browder and seconded by Bobby
Blackwell to adjourn. All were in favor and the motion
passed. The meeting adjourned at 7:45 PM.
Respectfull submitted,
w
Nina Browning, Secr tary
Community Development
Approved on t is the day of ~~~ , 1990.
® Ja t Graves, Chairman
P1 ning & Zoning Commission
2,/16/90
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BOARDS AND COMMISSIONS
MEETING MINUTES
FLOW CHART
Minutes taken at meetingl ~a,~q
•
(Minutes typed by
Secretary
B'9Q
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Preliminary Draft Copy to
Appropriate Director
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. . 89
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Final draft copy typed ~a7~'
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Final draft copy ~~'''' off`
City Manager/Asst City Manager ~~~1~~
for their review X41
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City Secretary for I~"13~ la"
distribution to City Council('
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Minutes approved & signed ~,'~
at next meeting
4a
Approporiate Dept. files ~~~~
original with agenda packet
At end of one (1) calendar year
approved minutes with agenda
packet forwarded to City Secretary
.
SPECIAL CONDITIONAL USE PERMIT
REQUEST SCU 90-00~
CITY OF LA PORTE
APPLICATION fOR
SPECIAL CONDITIONAL USE PERMIT
----------------------------------------------------------------~-----
A p pI i cat ion No.: 9' t7- it I
OffICE USE ONLY: Fee: $100.00 Date Received: /-;2- '.1<::/
Receipt No.: tJ'77...s-9iZ
Certified Plans Submitted:
( ) General Plan () Major Development Site Plan
(X) Minor Development Site Plan () Preliminary Plat
p~~;~~-M~~i~;-R~~~~;~~-----~~~~-\:rb~;;;~~~;;:-----------
Mailing Address: \CX:1eI-~( ~T
City/State: J.-~~t!.'"\-E \~~ Phone: Llil- X {g IS
BUSINESS NAME: Sbl12~~"::~I~ ~=t-J
PROPERTY ADDRESS: ~~.
LEGAL DESCRIPTION: &,.~. ~c;>>: L-r.5, ,J.j.~~~I:P'
ZONE: ~-, SIC USE CATEGORY: ~~l
TYPE OF BUSINESS: C::=:~~H'
/-~-9'o ~a~~
Date Own or Authorized Agent
----------------------------------------------- ----------------------
OFFICE USE ONLY
Date of P & Z Public Hearing:
f,_b J~,/71O
Recommendation: Y or N
Date of City Council Meeting:
Approved: Y or N
Zone:
This application is:
Approved ( )
Permit 11
Denied ( )
CLP JOB fF
(If Assigned Yet)
Conditions:
Date
Zoning Administrator
CED/l-t87
SPECIAL CONDITIONAL USE PERMIT REQUEST #SCU90-001
Requested For:
Fairmont Park Baptist Church
Leqal Description:
6.503 acre tract; Part of Lot
Payne Subdivision; W. J. Jones
Abstract 482 (See Exhibit A)
5; W. J.
Survey,
Address:
10401 Belfast Drive
Zoninq:
R-I, Low
Exhibit B)
Density Residential
(See
Requested ~
Rev. Wayne Spears, Pastor, Fairmont Park
Baptist Church
Purpose of Request:
To Secure a Special Conditional
Permit to allow placement of a 12
24 ft. portable building to be used
storage building.
Use
ft x
as a
Backqround:
The Fairmont Park Baptist Church is located in "old"
Fairmont Park at the corner of Belfast and Farrington Blvd. (See
Exhibit B). The church property and surrounding subdivisions are
zoned R-1 Low Density Residential. The church is requesting a
Special Conditional Use (S. C. U.) Permit to allow a portable
building located on their property to be used as a storage
facility. This is in accordance with the provisions of Section
5-600, Table A of Zoning Ordinance 1501. This section requires
that a Special Conditional Use Permit be issued prior to the
construction or expansion of any religious facility located
within a Low Density Residential zone.
In April 1987, the church obtained a Special Conditional Use
Permit (#001-87) to allow a major expansion of existing church
facilities. At that time, the building under present
consideration was being used as a Sunday School classroom. The
portable building was relocated to make room for a building
addition and used 3S 2 rontractor's office for the duration of
the construction period.
Special Conditional U5e Permit Request #SCU90-001
Page -2-
The certified site plan submitted in conjunction with the
expansion project indicated that this building was to be removed
from the site (See Exhibit B). The City's understanding was that
the building would be removed upon completion of the expansion
project. However, upon project completion, the building was left
in its present location and used for church storage. The church
is seeking an additional S. C. U. permit to legitimize this llse.
The building is presently located near the north eastern corner
of the church's property. It has been placed twenty two (22)
feet from the east (side) property line and twenty seven (27)
feet from the north (rear) property line. This places the
building approximately four hundred and fifteen (415) feet from
the front property line and five hundred and thirty five (535)
feet from the west (side) property line (See Exhibit A).
The minimum building setbacks for religious institutions
located in residential use zones (as specified by Section 5-700,
Table B) are thirty (30) feet front, twenty (20) feet rear, and
ten (10) feet side. The building complies with City setback
requirements.
other requirements to be considered when reviewing a S. C.
U. permit are:
I. Section 5-800 Special Use Performance Standards
A. Screening
B. Traffic Control
C. Compatibility with Surrounding Area
D. Required Licenses Obtained
E. Compatible Alterations and Adequate Parking
II. Section 10-202. Conditions for Approval [of a S. C. U.
Permit]
A. That the specific use will be
compatible with and not injurious
to the use and enjoyment of other
property, nor significantly
diminish or impair property values
within the immediate vicinity.
Special Conditional Use Permit Request nSCU90-001
Page -3-
B. That the conditions placed on such
use as specified in each district
have been met by the applicant.
C. That the applicant has agreed to
meet any additional conditions
imposed, based on specific site
constraints, and necessary to
protect the public interest and
welfare of the community.
These issues will be discussed in the next section of this
document.
Analysis:
Section 5-800:
Screening:
The purpose of the ordinance's screening requirements is to
improve the aesthetic appearance of a site by obscuring from view
buildings and areas, that are unsightly or architecturally
incompatible with the surrounding area. While in this instance,
it may be inadvisable to require a complete landscape screen, the
Commission, if it decides to recommend approval of this request,
would be justified in requiring landscape planting to "soften"
the appearance of the building.
Traffic Control:
As the building's use is for storage, there should be no
impact on traffic volume or traffic flow. The issue of traffic
control is therefore not applicable to this request.
Compatibilit~th Surroundinq Area: This section states that a
building "shall not be so dissimilar to the existing buildings or
area as to cause impairment in property or constitute a blighting
influence within a J:easonable distance of the development." As
inferred in the paragraph on screening, architectural
compatibility may be an issue with this request. The suggested
landscaping would be one way to address the compatibilIty issue.
Special Conditional Use Permit Request
Page -4-
Required License Obtained:
This issue is not applicable to this request.
Compatible Alterations and Adequate Parkinq:
The present church parking facilities are adequate to meet
zoning ordinance requirements. Used for storage, this building
should have no impact on overall parking requirements. The issue
of compatible alterations has already been dealt with.
Section 10-202:
This section sets three conditions which must be met by the
applicant. The first of these conditions requires that the use
be "compatible with and not injurious to the use and enjoyment"
of surrounding property. The Commission must determine whether
or not the application can satisfy this condition.
In discussing this issue, the Commission should be aware of
past problems relating to this building. There have been
complaints regarding juveniles breaking into this building and
apparently holding "parties". Further, at one point, the La
Porte Police recovered some stolen items (scuba gear) from the
building.
Since that time, the church
effectively secure the building.
knowledge, there have been no further
has taken this action.
has taken steps to more
To the best of staff's
complaints since the church
In this case, it is the Commission's responsibility to
determine if the action taken by the church is adequate. If it
is felt that the steps taken so far are insufficient, the
Commission may, as a condition of the requested S. C. U. permit,
specify further measures which may be necessary to insure the
security of the building and surrounding neighborhood. On the
other hand, if the Commission feels it is impossible to insure
adequate security, this could be grounds to recommend permit
denial. Denial of the permit would require removal of the
portable building from the church property. One possible way to
improve the security of the building would be through the use of
security lighting.
The next condition states, "the conditions placed on such
use. have been met by the applicant". Should this permit be
approved, it will be staff'~i responsibility to insure compl.iance
on the part of the applicant.
Special Conditional Use Permit Request
Page -5-
The final condition, "that the applicant
any additional conditions imposed," must be
applicant in the course of the Commission and
Hearings.
has agreed to meet
attested to by the
City Council Public
Conclusion:
The request (SCU90-00l) meets Zoning Ordinance prerequisites
and is therefore eligible to be considered for a Special
Conditional Use Permit. Should the Commission recommend approval
of this request, staff would suggest that the following
conditions be attached to the permit.
1) Landscapinq: The area immediately surrounding this
building shall be landscaped. The purpose of the
landscaping is to improve the aesthetic appearance of
the site. Required landscaping shall not obscure the
view of the building entrance or the surrounding area.
The landscape planting plan shall require approval by
the Director of Community Development. Required
landscaping shall be in place at a date no later than
thirty (30) days from the date of permit approval.
2) Security liqhtinq: All faces of the storage building
containing door or window openings shall be illuminated
by security lighting. Such lighting shall be directed
toward the building and away from adjacent property
lines. Required lighting shall be in place and
functional at a date no later than thirty (30) days
from the date of permit approval.
Options:
1) Approve permit
A) As requested by applicant
B) With conditions suggested by staff
C) With additional or amended conditions
II) Deny permit
rII) Table request for further consideration at a future
date.
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EXHIBIT A.
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BAYPORT INDUSTRIAL DISTRICT AS DESIGNATED E
ORDINANCE 842 ~SSED ON THE 5th ~Y OF' JANI
EXHIBIT B
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