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Home My WebLink About1-28-13 PC Minutes M I N U T E S REGULAR MEETING JOINT PUBLIC HEARINGS PLANNING COMMISSION CITY COUNCIL City Council Chambers January 28, 2013 A Regular Meeting and Joint Public Hearings were held on January 28, 2013 with the following members present: Commission members present: Chairman Sina Nejad Vice Chairman Marty Craig Commissioner Ransom Jones Commissioner Glenn Bodwin Commissioner Walter Kyles Commissioner Lauren Williams Mason Commissioner Eddie Senigaur Commissioner Bill Little Commission members absent: Commissioner Lynda Kay Makin Commissioner Steven Johnson 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 APPROVAL OF MINUTES Commissioner Craig made a motion to approve the minutes of the Regular Meeting and Joint Public Hearings held December 17, 2012. Commissioner Mason seconded the motion. Motion to approve carried 8:0. Planning Commission January 28, 2013 JOINT PUBLIC HEARINGS Mayor Pro-Tem Coleman called the Joint Public Hearings of January 28, 2013 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. 1) File 2157-P: Request for a specific use permit to allow a cellular telecommunications tower in an HI (Heavy Industrial) District. Location: 2390 Dollinger Applicant: Shep Poland Mr. Richardson presented the staff report. Shep Poland, agent for Verizon Wireless, states that the facility will include a 180' tall monopole type radio tower, equipment cabinets placed on a raised platform and a generator placed on a 4' x 8' concrete pad. The facility will be placed on a 0.062 acre tract of land leased from T.C. Renfrow Companies. A security fence will enclose 34' x 36' of the leased space. An existing driveway will be used to access the site. Mr. Richardson recommended approval subject to the following condition:  Site and driveway shall be graded to drain towards the street. No storm water shall drain onto adjacent properties. Nine notices were mailed to property owners within 200 feet. One response in favor and none in opposition were returned. Chairman Nejad asked for the applicant=s comments. Mary Poland, the applicant=s wife, 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 specific use permit to allow a cellular telecommunications tower in an HI District at 2390 Dollinger as requested in File 2157-P, subject to the following condition:  Site and driveway shall be graded to drain towards the street. No storm water shall drain onto adjacent properties. Commissioner Mason seconded the motion. Motion to approve carried 8:0. 2 Planning Commission January 28, 2013 2) File 2158-P: Request for a specific use permit to allow a drive-thru/walk-up daiquiri shop (drinking place) in a GC-MD (General Commercial-Multiple Family Dwelling) District. Location: 2115 Calder Applicant: Premium Tobacco Mr. Richardson presented the staff report. Karam Ali, the owner of Premiere Tobacco, states that he would like to use a portion of the tobacco shop for the serving of wine-based daiquiris. Mr. Ali says that the hours of operation will be 10 a.m. to 8 p.m., Monday thru Thursday, 10 a.m. to 9 p.m., Friday and Saturday and 12 p.m. to 7 p.m. on Sunday. 128 sq. ft. of the existing 936 sq. ft. building will be used to prepare the daiquiris. An existing drive-up window and driveway are located on the east side of the building. Mr. Richardson recommended approval of the request. Nineteen notices were mailed to property owners within 200 feet. One response in favor and one in opposition were returned. Slides of the subject property were shown. Chairman Nejad opened the public hearing and asked for the applicant=s comments. Lela Murani, 4710 Jimmy Johnson Blvd. #50, addressed the Commission on behalf of the applicant. Chairman Nejad asked for comments in favor or in opposition. No comments were made. The public hearing was closed. Commissioner Kyles made a motion to approve a specific use permit to allow a drive-thru/walk-up daiquiri shop (drinking place) in a GC-MD District as requested in File 2158-P. Commissioner Senigaur seconded the motion. Motion to approve carried 8:0. OTHER BUSINESS Workshop- metal fences In June, 2012, a property owner in the Oaks Historic District constructed a sheet metal fence in his back yard. Staff took the fence to the Historic Landmark Commission. The Commission approved the fence subject to 3 Planning Commission January 28, 2013 painting it green and placing one x fours and two x sixes on the top and on all corners and seams. As a result of this fence, several members of the Historic Commission asked that staff make recommendations on amending the Historic District Regulations that would prohibit these type of fences. When the Historic District Regulations were created back in 1993, the ordinance was written to allow chain link, barbed wire and razor wire fences only in back yards as long as they could not be seen from any abutting street. In December, the Historic Commission amended that section of the ordinance to say that chain link, barbed wire and razor wire fences were allowed only in back yards as long as they could not be seen from any street. The Commission did not specifically ban sheet metal as a building material for fences in the Historic District. The Historic District is the only place where fence materials are regulated. While a certificate of appropriateness is required for fences constructed in the Historic District, no building permit is required for any fence eight feet or shorter anywhere in the City. Taller fences require a building permit for engineering purposes. A quick survey was done of fence requirements in other cities: Midland: Required screening fences shall consist of brick, masonry, wood or a combination of Waco: Wood or masonry Tyler: Composition of fences is restricted to materials commonly used in fence construction, e.g., wood, wire, brick, stone, pipe, concrete, or materials approved by the planning director Port Arthur: No fence located in a residential zoning district may be constructed of sheet metal, metal roofing or other similar materials Mankato, MN: Approved residential and commercial fencing materials include: stone, brick, finished wood and chain link 4 Planning Commission January 28, 2013 Approved industrial fencing materials include stone, brick, finished wood, chain link and barbed security fencing when used above a height of six and one half feet Milwaukee, WI: Fences must be built with approved fence wire, standard fence wood, vinyl, or metal such as wrought iron. No fence is allowed to be built of scrap lumber, chicken wire, wood pallets, or other unimproved materials The question has been raised as to whether the City should ban sheet metal or other types of building materials for fences citywide. Discussion between staff, Commission members and Council followed. The Planning Commission stated that current fence regulations were adequate. THERE BEING NO FURTHER BUSINESS, THE MEETING WAS ADJOURNED AT 3:48 P.M. 5