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04-02-1991 Meeting• • w MINUTES PLANNING & ZONING COMMISSION April 2, 1991 The meeting of the Planning & Zoning Commission was called to order Tuesday, April 2, 1991 at 7:30 by Chairman John Sargent. Members present were James Brown, Marilyn George, Edward Ivey, Adelbert Evans, Peter Bertonaschi and Joseph Wiebush. Members absent were Bonnie Kranz and Don Smith. Also attending were Lanny Harker Planning Director and Mimi Hauch Planning Technician. MINUTES of the meeting held January 3, 1991, were approved as presented. ORGANIZATIONAL MEETING: Nominations for Chairman Adelbert Evans nominated John Sargent for Chairman, seconded by James Brown. There being no other nominations the nominations were closed and Mr. Sargent was elected Chairman by a unanimous vote. Nominations for Vice-Chairman Ed Ivey nominated Marilyn George for Vice-Chairman, seconded by Adelbert Evans. There being no other nominations, the nominations were closed and Marilyn George was elected Vice-Chairman by a unanimous vote. NEW BUSINESS: 1. REQUEST FOR A CONDITIONAL USE PERMIT APPLICANT: Arlene Fearing LOCATION: Approximately 300' north from the intersection of Bloxam Avenue and Hook Street. REQUEST: To extend the existing Conditional Use Permit for one (1) year . Mr. Harker informed the Commission that the applicant is requesting an extension to this Conditional Use Permit granted for the construction of townhomes at 1796 Bloxam Avenue. The project was postponed and she is therefore asking that a one (1) year extension of time be granted as an amendment to the CUP. Mr. Harker stated that staff recommendation is for approval of this request subject to the conditions as stated in the original Conditional Use Permit. A motion was made by Ed Ivey to recommend to the City Council approval of this request as presented, seconded by Adelbert Evans and approved by a unanimous vote. 2. REQUEST FOR A CONDITIONAL USE PERMIT APPLICANT: Dennis Horton Trust 101 LOCATION: Vacant property directly east and northeast of Quincy's restaurant. REQUEST: To amend Resolution No. 652 to allow the placement of a billboard sign in the C-2 General Commercial District. 1 • • Mr. Harker informed the Commission that the applicant is requesting an amendment to this CUP in order to erect an off-site billboard sign just east of Quincy's and is also requesting that the existing billboard located on the southeast corner of the property be allowed to remain. The existing billboard sign was omitted from the original CUP. At last months meeting, the City Council made a determination that off-site signs are to be considered as an additional use of the property. The conditions of the original CUP for the fill project provided for only the fill project as described under that CUP. Therefore, there is a need for an amendment if the existing billboard is to remain on the site and if a new billboard is to be erected. Mr. Harker stated that the comprehensive plan that has been submitted to the Department of Community Affairs by the City Council includes a policy statement that no new billboards will be allowed within the City limits. This plan will not be officially adopted until after review comments have been received from DCA. However, the Council has indicated their intent to regulate this type of sign in this manner. Therefore, staffs recommendation is for denial of this request. Should the Planning and Zoning Commission decide to recommend approval of this request, staff recommends that the condition to allow the proposed and existing billboards be qualified with the statement that the new billboard will be removed upon the issuance of a development permit on the site. In this manner we would be assured of the billboard being removed prior to any development activity on the subject site. Mr. Bob Wade, applicant, advised the commission that the proposed development for this property is a shopping center. The developers have requested that there be a billboard for identification for the center. Mr. Wade further stated that he felt there should be no problem with the addition of this new billboard, as the current ordinance does allow billboard signs on vacant property. The proposed location of the sign would meet all state and city codes. Rev. Ivey noted that the staff's recommendation stated that if the Commission does recommend approval of this CUP that the condition to allow the proposed and existing billboards be qualified with the statement that the billboards will be removed upon the issuance of a development permit. Rev. Ivey asked if they would be allowed to place signs up when the development begins. Mr. Harker stated that at the time the development begins they would be allowed the normal signage. Mr. Wade stated that he felt this would be limiting the use of the property and that he did not feel this would be legal. Rev. Ivey asked if the existing CUP would require the removal of the billboard. Mr. Harker explained that upon formal adoption of the Comprehensive Plan, this billboard would be vested and would therefore not have to be removed unless it is required within this CUP. Mr. Sargent reminded the Commission that approving this billboard would be contrary to the Comprehensive Plan that has been submitted to DCA. 2 • • Rev. Ivey made a motion that the Commission recommend to the City Council approval of this amendment to the CUP with the condition that at the time development permits are issued that the existing billboards will be removed, seconded by Marilyn George. Mr. Harker stated that the only billboard that this condition could apply to would be the new billboard, not the existing one. Rev. Ivey emended the motion that only the new billboard would have to be removed at the time the development permits were issued. Further discussion followed regarding the motion. Mr. Evans moved that the motion be presented to Council as emended and approved by a of 5 to 2 vote. Members Sargent and Evans voting nay. There being no further business the meeting was adjourned. `"John Sargent, airman ATTEST: Mim Hauch, Planning Technician 3