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HomeMy WebLinkAbout02.15.10 P&Z REGULAR MEETINGCity of Port Arthur Planning and Zoning Commission Regular Meeting February 15, 2010 Planning Department P. O. Box 1089 Port Arthur, Texas 77640 (409) 983-8135 (409) 983-8137 fax paplanningr~r;portarthur. net CITY OF PORT ARTHUR PLANNING AND COMMUNITY DEVELOPMENT DEPARTMENT P.O. Box 1089 Port Arthur, TX 77641-1089 409-983-8135 Fax 409-983-8137 TO: City of Port Arthur Planning Commission Members FROM: Ronald Burton, Assistant Planning Director DATE: February 11, 2010 SUBJECT: February 15, 2010 -Planning/Commission Meeting The Port Arthur Planning Commission will meet in regular session at 5:30 p.m., Monday, February 15, 2010, in the City Council Chambers on the fifth floor of the City Hall. The February 15~h agenda contains one item. Please make every effort to attend so that we may have a quorum. If for some reason you cannot attend, please call me at 983-8135. Enclosure C: Colleen Russell, Director of Planning Ronald Burton, Assistant Director of Planning Paul Brown, Senior Planner John Comeaux, Assistant City Manager -Operations Lawrence Baker, Director of Inspections & Code Enforcement Derrick Holland, Senior Engineering Technician Kelly Eldridge, Utility Operations Ross Blackketter, Director of Public Works Paul Washburn, Assistant Fire Marshall DELORIS "BOBBIE" PRINCE, MAYOR ELIZABETH "LIZ" SEGLER, MAYOR PRO TEM COUNCILMEMBERS: JACK CHATMAN, JR. MORRIS ALBRIGHT, III MARTIN FLOOD JOHN BEARD, JR. ROBERT E. WILLIAMSON D. KAY WISE THOMAS J. HENDERSON CITY OF PORT ARTHUR PLANNING & ZONING COMMISSION REGULAR SESSION MONDAY, FEBRUARY 15, 2010 CITY HALL - 5T6 FLOOR CITY COUNCIL CHAMBERS 5:30 P.M. AGENDA STEPHEN FITZGIBBONS CITY MANAGER TERRI HANKS CITY SECRETARY VALECIA TIZENO ACCTING CITY ATTORNEY NOTICE OF TIME, PLACE AND SUBJECT OF A REGULAR MEETING OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF PORT ARTHUR. NOTICE IS HEREBY GIVEN, PURSUANT TO SECTION 211.007, LOCAL GOVERNMENT CODE, THAT A REGULAR MEETING OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF PORT ARTHUR, TEXAS WILL BE HELD ON MONDAY, FEBRUARY 15, 2010 AT 5:30 P.M. AT CITY HALL, COUNCIL CHAMBER, 5T" FLOOR, 444 FOURTH STREET, PORT ARTHUR, TEXAS. 1. ROLL CALL MOTION REQUIRED //. S10-O1 -SITE PLAN APPROVAL REQUESTED FOR - ANGELLE R.V. PARK, 5.553 ACRES OF LAND, BLOCK 4, RIDGEWAY ADDITION (PROPERTY LOCATED SOUTH OF 25TH STREET AND WEST ON 9TH AVENUE) PROPOSED RECREATIONAL VEHICLE PARK, CITY OF PORT ARTHUR, JEFFERSON COUNTY, TEXAS ///. MINUTES -February 1, 2010 /V. REPORT FROM DIRECTOR V. FUTURE AGENDA ITEMS VI. ADJOURNMENT RONALD BURTON, ASSISTANT DIRECTOR OF PLANNING P.O. 60X 1089 o PORT ARTHUR, TEXAS 77641-1089 0 409/983-8115 0 409-983-8291 INTEROFFICE MEMORANDUM To: THE PLANNING AND ZONING COMMISSION FROM: COLLEEN RUSSELL, DIRECTOR OF PLANNING suelECT: S10-01-SITE PLAN APPROVAL REQUESTED FOR - ANGELLE R.V. PARK, 5.553 ACRES OF LAND, BLOCK 4, RIDGEWAY ADDITION (PROPERTY LOCATED SOUTH OF 25T" STREET AND WEST ON 9T" AVENUE) PROPOSED RECREATIONAL VEHICLE PARK, CITY OF PORT ARTHUR, JEFFERSON COUNTY, TEXAS DATE: 02/08/2010 BACKGROUND: The Planning and Zoning Commission is being asked to accept the preliminary site plan for the development of 5.553 acres of land, Block 4, of the Ridgeway Addition, south of 25~h Street and west on 9t" Avenue (formerly Weingarten Grocery). Proposed use for this site is to establish a recreational vehicle park (R.V. Park). The developer shall be in substantial compliance with the site plan with elements of the RV Park as exhibit "A" and with Subsections (2) through (16) of Section 58-126 of the Code of Ordinances. Agent -Stanley "George" Newsome, Jr. P.E. (Soutex Surveyors) Applicant/Owner -Denny Angelle RECOMMENDATION: The planning staff has reservations about the acceptance of this preliminary site plan although it meets all the City's requirements for RV, the location is a busy one with a cemetery, a railroad track where traffic stops on the opposite side and there is no deceleration lane from Ninth Avenue to enter the RV Park. Twenty-Fifth Street and Ninth Avenue are single lane streets spilt with other intersecting streets BUDGETARY/FISCAL EFFECT: None STAFFING/EMPLOYEE EFFECT: None 1 SUMMARY: The developer and his agents have worked closely with City staff concerning this site plan. A development-plan review meeting was held on February 2, 2010 to discuss the intended development, to ensure compliance with the basic requirements and to arrive at a coordinated plan layout. 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(2) The tongue of the manufactured home shall be removed from the unit. (Code 1961, § 13A-13) Sec. 58-93. Skirting standards. In order to improve the stability and fire resis- tance of the manufactured home and to prevent the accumulation under the unit of blowing paper and trash or harborage of rodents or othei poten- tial disease vectors, each manufactured home shall meet the following standards: (1) Unless the foundation is continuous, each unit shall have a continuous skirting of nondecaying, noncorroding, fireproof ma- terial extending at least six inches into the ground or to an impervious surface. (2) The skirting or continuous foundation shall have provisions for ventilation and access to the space under the unit, but such openings shall be secure against the en- trance of animals. There shall be 12 square inches of vented air spaces for each 12 linear feet of skirting or continuous foun- dation. (Code 1961, § 13A-14) Sec. 58-94. Temporary mobile home parks. In areas outside of the hurricane protection levee and on property that the zoning ordinance of the City of Port Arthur permits the construc- tion of a mobile home park, a temporary mobile home park may be established subject to the following: (1) All manufactured housing placed in such park shall be removed within six months of the effective date of Ordinance No. 06-16 [March 20, 2006]. (2) All manufactured housing shall be in- stalled and tied down to the standards as established by the Texas Department of Housing and Community Affairs and other applicable codes and standards. (3) All infrastructure installed to support the temporary location of manufactured homes, such as water, sewer, electrical, etc. shall be removed within 30 days of the removal of the manufactured housing and the site returned to its original condition. (4) Such mobile parks shall require approval by the city council. (Ord. No. 05-8, § 3, 10-13-2005; Ord. No. 06-16, § 1, 3-14-2006; Ord. No. 06-46, § 3, 7-5-2006) Secs. 58-95-58-120. Reserved. ARTICLE III. RECREATIONAL VEHICLE PARKS Sec. 58-121. Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Recreational vehicle (RV) means a vehicular type unit, not exceeding eight feet in width, primarily designed as temporary living quarters for recreational, camping or travel use, which has its own motive power or is mounted on or drawn by another vehicle. The basic entities are: travel trailer, camping trailer, truck camper, motor home or other individual camping unit. Recreational vehicle park (RV park) means a parcel of land under single ownership upon which two or more recreational vehicle sites are located, established or maintained for occupancy by recre- ational vehicles of the general public as tempo- rary living quarters for recreation or vacation purposes. Recreational vehicle site (RV site) means a plat of ground within a recreational vehicle park in- tended for the accommodation of a recreational vehicle on a temporary basis. (Code 1961, § 13A-36) Cross reference-Definitions generally, § 1-2. Sec. 58-122. Location of recreational vehi- cles. No recreational vehicle used as a dwelling shall be parked or placed on any tract of land or Supp. No. 22 CD58:10 MANUFACTURED HOMES, MOBILE HOMES, RECREATIONAL VEHICLES AND PARKS § 58-123 adjacent private land within the city limits, which (2) Shall not apply to an occupied residence is not properly zoned for such use; except, how- or residences that have been damaged by ever, that this section: fire, flood or other natural disaster; (1) Shall not apply to residences that were damaged by Hurricane Ike; a. For a period not to exceed 90 days, the parking, use and. occupancy of recreational vehicles on residential property as temporary living quar- ters while repairs to these properties caused by Hurricane Ike are ongo- ing. b. That it is hereby permitted that the building official of the city issue a permit to allow. the occupancy of a recreational vehicle for a period of six months, beyond the 90-day pe- riod, on a residential property as temporary living quarters by prop- erty owners while damage to these properties caused by Hurricane Ike is being repaired, provided that; 1. Application to the building offi- cial for asix-month extension permit shall be made no later than 90 days from the effective date of this section. 2. Application must be made with all necessary documentation to establish one of the following: i. Substantial work is cur- . rently being done under an active building permit issued by the city; ii. Active litigation is under- way with the property owner's insurance carrier; iii. Application for disaster re- covery funds has been made to the City of Port Arthur, Southeast Texas Regional Planning Com- mission, or the Texas De- partment of Housing and Community Affairs and is approved or pending ap- proval. a. Upon approval of the city council; b. For a period not to exceed 180 days, the parking, use and occupancy of recreational vehicles on residential property as temporary living quar- ters while repairs to these properties are ongoing. (Code 1961, § 13A-37; Ord. No. 05-8, § 2, 10-13- 2005; Ord. No. 06-46, § 2, 7-5-2006; Ord. No. 06-120, § -2, 12-19-2006; Ord. No. 07-66, § 1, 9-11-2007; Ord. No. 07-74, § 1, 9-25-2007; Ord. No. 08-101, § 3, 9-23-2008) Sec. 58-123. Approval of plans and plats re- quired. (a) Any person intending to establish a recre- ational vehicle park shall first submit a site plan meeting all the requirements of this article to the planning and zoning commission of the city for consideration and approval. (b) The applicant shall submit one reproduc- ible copy of the plan to the city planning and zoning commission through the director of plan- ning not less than eight days prior to any meeting at which the plan is to be considered. (It is urged that the applicant first meet with the director of planning of the city to discuss the intended devel- opment to ensure compliance with the basic re- quirements and to arrive at a coordinated plan layout.) The plan shall consist of an accurate drawing at a scale of not more than 200 feet to the inch, which shows the .exact dimensions of the tract of land under consideration, its relationship to existing and proposed streets and contiguous properties, the type and use of all adjacent prop- erty, access provisions, and the exact land use proposed for the entire tract, including screening devices, private streets, recreational vehicle sites, usable open space, parking, lighting, utilities, structures, and any other items required to prop- erly describe the proposed park layout. No person shall alter a recreational vehicle park to the extent of changing or significantly adding to that which is shown on the site plan on file with the planning and zoning commission without first Supp. No. 22 CD58:11 § 58-123 PORT ARTHUR CODE filing an amended site plan in the same manner as an original site plan. The director of planning shall have the right to refuse to examine any incomplete, unintelligible or indefinite site plan. (c) The planning and zoning commission shall notify the applicant in writing as to whether the plan was approved or disapproved, stating the reasons for disapproval and the modifications or conditions that must be made or met before approval can be obtained upon subsequent sub- mission. (Code 1961, § 13A-38) Sec. 58-124. Application for recreational ve- hicle park license required; du- ration; fee; display. Upon approval of the site plan submitted to the planning and zoning commission, the person in- tending to establish a recreational vehicle park must abide by the following: (1) Application for license. Application for the initial license to operate a recreational vehicle park shall be made to the city council ~f the City of Port Arthur. Such application shall state the name and ad- dress of the person desiring to engage in such business, and if the applicant is a partnership or corporation, the names and addresses of the respective partners and/or directors, and a description of the prop- erty, including street address of the pre- mises where such RV park is to be oper- ated so that it can be easily identified. It shall also give the name of the owner of such premises, and such other and fur- ther information as may be required by the city. (2) Required; duration. It shall be unlawful for any person to establish, maintain, conduct or operate any present or future recreational vehicle park within the lim- its of the city without first obtaining a license therefor from the city. Such license shall be for the calendar year or any part of such year, ending on December 31 of each year. Application for the renewal of a license shall be made to the superinten- dent of inspectors. (3) Fee. The annual fee for each license or renewal to operate a business park shall be $1.00 per site for the first 50 sites, plus $0.50 for each RV site over and above 50 RU sites in an RV park. (4) Display. The license for recreational vehi- cleparks must be conspicuously displayed at such parks at all times. (Code 1961, § 13A-39; Ord. No. 06-110, § 1, 12-4-2006) Sec. 58-125. Building permit required. No person shall erector construct, or proceed to erect or construct, add to, enlarge, improve, alter, repair, convert, extend or demolish any recre- ational vehicle park, RV site, building, structure, fence or any part of the same, or install any plumbing, electrical or mechanical equipment as a part of the park, building or structure, or make any other improvements to any RV site, or cause the same to be done within an RV park without obtaining a building permit from the superinten- dent of inspectors. The building permit shall be granted only after a license has been secured as set out in section 58-124, and the superintendent of inspectors has determined that all work to be permitted conforms to the site plan or plat and the requirements of this article. (Code 1961, § 13A-40) Sec. 58-126. Minimum standards. Any recreational vehicle park hereafter estab- lished, constructed or erected shall conform to and comply with the following minimum stan- dards: (1) Parh area. As it pertains to licenses for new recreational parks, each recreational park shall be planned for and shall pro- vide aminimum of five acres in area. (2) Density. Each recreational vehicle park shall not exceed an overall density of 15 recreational vehicle sites per acre. (3) Private streets. Private streets shall be provided and shall extend continuously from the public street right-of--way so as to provide suitable access to all RV sites and other facilities or uses permitted in Supp. No. 22 CD58:12 MANUFACTURED HOMES, MOBILE HOMES, RECREATIONAL VEHICLES AND PARKS § 58-126 the RV park as well as provide adequate connection to future streets at the bound- aries of the RV park property line. Private streets shall meet the following stan- dards: a. Minimum pavement widths shall be as follows: 1. Class 1, private streets, which provide direct access to five or more RV sites, 20 feet. 2. Class 2, private streets, which provide direct access to less than five RV sites, 14 feet. b. Private street intersections shall gen- erally be at right angles; offsets at intersections of less than 125 feet (centerline to centerline) shall be avoided; intersection of more than two streets at one point shall be avoided. c. Dead-end private streets shall be limited to a maximum length of 600 feet and shall be provided with a vehicular turning space, with a turn- ing circle of 80 feet in diameter. d. All private streets shall be provided with a concrete or other hard surface equivalent material, which shall be durable and well drained under nor- mal use and weather conditions. e. Private streets which may connect two public street rights-of--way shall, ' by the use of curves, offsets, location, and/or the use of two or more streets, be located so as to discourage through traffic. (4) Recreational vehicle site. Each recre- ational vehicle site shall conform to the following minimum standards: a. Be at least 1,500 square feet in area with a minimum width of 25 feet. Supp. No. 22 CD58:12.1 MANUFACTURED HOMES, MOBILE HOMES, RECREATIONAL VEHICLES AND PARKS § 58-126 b. Have an asphalt, concrete or other (7) Location of accessory structures. No recre- surface of equivalent material which ational vehicle accessory structure such shall adequately support the weight as a refuse container, carport, cabana, of the recreational vehicle placed awning, fence or storage locker shall be thereon and be durable and well permitted within ten feet of a private drained under normal use and street. The setbacks from the rear site weather conditions. boundary line (side opposite private street) c. No part of a recreational vehicle may shall be not less than five feet, and from be closer than five feet to an RV site other site boundary lines shall be not less boundary line. than three feet, save and except a fence. Where the requirements of subsection (9) d. Be served with water and electrical of this subsection or the zoning ordinance power by means of adequate and of the city conflict, the greater setback safe connections. shall govern. (5) Useable open space. A minimum of eight percent of the gross site area for the (8) Setback and screening. recreational vehicle park shall be set aside a. A screening device as defined in sec- as open space or as common use areas for tion 18-457(c) may be required by open or enclosed recreational facilities. the planning and zoning commission No recreational vehicle site, street right- along all recreational vehicle park of-way, storage area or utility site shall be boundary lines. counted in meeting this requirement. (6) Vehicle parking. At least 1.2 parking spaces b. Accessory uses, as that term is used in section 58-127, shall not be lo- shall be provided in the park for each Gated closer than ten feet to any RV recreational vehicle site. At least one park- site boundary line. ing space shall be provided at each site. Vehicle parking shall: (9) Maintenance of park. The owner of the a. Be located on or within the park and park shall be responsible to ensure that it be easily accessible to the occupants is maintained in a manner which will not and visitors; attract or aid the propagation of insects or b. Have concrete asphalt or other sur- rodents or create a hazard. Growth of , face of equivalent material; plant materials such as weeds and grass, especially beneath recreational vehicles c. Be accessible to a private street; and other structures, shall be continu- d. Have spaces appropriately defined ously controlled. and marked; (10) Signs and illumination. In areas zoned e. Be so located and regulated that no residential, no illuminated signs or un- parking, or maneuvering incidental shaded light shall be located so as to to parking, shall be on any public constitute a nuisance to residential uses. street or walk; No billboard-type signs or flashing or mov- f Provide adequate barriers to keep ing signs, or signs with externally ex- any parked vehicles from extending posed bulbs or lighting tubes affixed to into or overhanging any public ded- the surface area, shall be allowed in any icated street or private street; residential zone. g. Be so designed that any vehicle may (11) Drainage. The ground surface in all parts be parked and unparked without re- of every recreational vehicle park and quiring the moving of any other ve- especially beneath recreational vehicles hicle. and other structures shall be graded and Supp. No. 17 CD58:13 § 58-126 PORT ARTHUR CODE equipped to drain all surface water in a safe, efficient manner so as not to permit water to stand or become stagnant. (12) Lighting. The private streets, parking lots, walks and service areas shall be kept adequately lighted at all times so the recreational vehicle park shall be safe for occupants and visitors; provided, how- - ever, tlia~alI entrances an exits shwa Ibe lighted. (13) Fire protection. Water lines and fire hy- drants shall be provided and suitably lo- cated for adequate fire protection as de- termined by the fire chief, but in no case shall the park provide less than a system of standard hydrants located not more than 500 feet from each recreational ve- hicle site and served by water lines not less than six inches in diameter installed in a looped system. (14) Refuse disposal. Durable, watertight, eas- ily cleanable refuse containers, sufficient to contain all the refuse, shall be provided at each service building and sanitary waste station, or at a central storage area readily accessible and located not more than 300 feet from any recreational vehicle or pic- nic site, unless provided at the recre- ationalvehicle site. Refuse containers shall be provided at a rate of eight cubic feet (60 gallons) for each five recreational vehicle sites or the equivalent if containers are provided at individual sites. A pickup ease- ment shall be granted by the owner of the recreational vehicle park to the city if these facilities are located so as to require the entrance of any municipal vehicle into the park. (15) Sanitary waste stations. An acceptable sanitary waste station, approved by the superintendent of inspectors and the city health officer, shall be provided for each 100 RV sites, or part of such number, not equipped with individual sewer connec- tions. (16) Effect of other ordinances. All RV park facilities and recreational vehicles con- tained therein shall conform without lim- itation to the codes and ordinances of the city, including the building, plumbing, elec- trical and fire codes. (17) Subsections 58-126(1) and (2) shall not apply to recreational vehicle parks lo- cated outside the Hurricane Protection System Levee in areas that have sus- tained losses of housing of over 50 per- cent. ~ea~ional vehicle pear -con- structed at this reduced standard shall be upgraded to meet all standards estab- lished by this article no later than Janu- ary 1, 2010. (Code 1961, § 13A-41; Ord. No. 05-93, § 1, 12-20- 2005; Ord. No. 06-110, § 2, 12-4-2006) Sec. 58-127. Uses permitted. No use except the following shall be permitted in any recreational vehicle park: (1) Recreational vehicle. (2) Management headquarters as an acces- sory use. (3) Recreational facilities, toilets, dumping stations, showers, coin-operated laundry facilities, and other uses and structures customarily incidental to the operation of a recreational vehicle park are permitted as accessory uses to the park, subject to the following restrictions: a. Such facilities and services shall be restricted in their use to occupants of the recreational vehicle park. b. Such facilities and services shall present no visible evidence from any street outside the park of their com- mercial character which would at- tract customers other than occu- pants of the park. c. The structures housing such facili- ties shall not be located closer than 100 feet to any public street and shall not be directly accessible from any public street, but shall be acces- sible only from streets within the park. (Code 1961, § 13A-42) Supp. No. 17 CD58:14 MINUTES CITY OF PORT ARTHUR PLANNING AND ZONING COMMISSION MONDAY, FEBRUARY 1, 2010 5:30 P.M. PUBLIC HEARING CITY HALL - 5T" FLOOR CONFERENCE ROOM ITEMS REQUIRING ACTION 1. ROLL CALL -Chairman, Richard Cox convened the meeting at 5:34 p.m. Commissioners present: Alma LeBlanc, Inell Moore, Richard Cox and Fernando Ramirez (Quorum Present). Staff present: Ronald Burton, assistant planning director, Paul Brown, senior planner and Pamela Langford, administrative aide ll. R10-01 -REPEAT APPROVAL REQUEST FOR -TRACT 7-A. 1.033 ACRES OF LAND. REPEAT OF ALL OF LOTS 7. 8 & 9. BLOCK 8. RANGE 5, SAB[NE PASS AND PART OF THE JOHN MCGAFFEY LEAGUE. ABSTRACT N0. 167 CITY OF PORT ARTHUR. JEFFERSON COUNTY. TEXAS (PROPERTY LOCATED AT SOUTH GULFWAY DRIVE [A.K.A. HIGHWAY 87) AND BROADWAY STREETl SPEAKING FOR: Anthony Leger (Soutex Surveyor's, Inc.), 3737 Doctors Drive, Port Arthur, TX 77642 SPEAKING AGAINST: NONE Mr. Burton informed the commissioners that eight (8) notices were mailed out in relation to the above case; one (1) was returned as non-deliverable. Mr. Ramirez asked, "What occupies this area right now?" Mr. Leger states, that to best of his recollection, the property is vacant on the corner and there may be one (1) existing structure down Broadway Street that needs to be demolished. He also stated that the adjoining properties (Lots 1 - 6) have already been replatted. Mr. Cox asked will the Community Center be elevated to meet elevation standards. Mr. Leger' responded, "Yes". Mr. Cox asked how many square feet will the structure be. Mr. Leger' stated that he did not know. Ms. Moore moved to close the public hearing; Ms. LeBlanc seconded the motion. Vote: All Yeas -public hearing closed. III. Z10-O1 -ZONING DISTRICT CHANGE REQSIEST FOR -TRACT 1.7.66 ACRE TRACT OUT OF LOTS 3 & 6. BLOCK 8 RANGE J PORT ARTHUR LAND COMPANY SUBDIVISION. PROPOSED CHANGE FROM AGRICULTURAL L] TO LIGHT COMMERCIAL (LC) CITY OF PORT ARTHUR. JEFFERSON COUNTY. TEXAS LPROPERTY LOCATED NORTH OF STATE HIGHWAY 73 AND WEST OF HIGHWAY 691 SPEAKING FOR: NONE SPEAKING AGAINST: NONE Mr. Burton informed the commissioners that three (3) notices were mailed out in relation to the above case; three (3) were returned in "favor" of request. Mr. Ramirez asked what is the City's regulations regarding the placement ofbillboards/signs. Page ~ 1 Mr. Burton stated that because the billboards/signs will be placed along the highway (Hwy. 69), it will be an issue for Texas Department of Transportation, not the City of Port Arthur. Mr. Ramirez stated that he is aware that the City has ordinances is place regarding the placement of billboards; therefore he would like to know how will this conform to the City's ordinance. Mr. Burton stated that according to the City's ordinance billboards must be placed at a distance of one- thousand (1,000) feet. Ms. Moore stated that the major concern will be the height of the billboards. Mr. Cox asked Paul Brown if he had more detailed information regarding the City's ordinance on signs. Paul informed the commissioners that the Texas Department of Transportation will have the say regarding the placement ofsigns/billboards on this location; however, their guidelines will not be less restrictive than the City of Port Arthur. He also informed the commissioners that the height of a sign along a roadway is determined by how far the sign is erected away from the property line or roadway. The further away the higher it can be. Normal signage for a store, such as Wal-Mart, etc. is usually about 30 ft. above the grade of the road where the business is located. signage/billboards along Highway 69 usually have aset-back of approximately 50 feet from the roadway and are approximately 40 feet in height. Mr. Cox asked do this type of request come through the Planning Department first. Mr. Brown stated that most of the questions regarding signage are handled by him. Mr. Burton stated that while visiting the site with Paul, he did notice that electricity is available. Ms. LeBlanc moved to close the public hearing; Ms. Moore seconded the motion. Vote: All Yeas -public hearing closed. IV. AMENDMENT TO THE ZONING ORDINANCE TO ALLOW THE USAGE OF THE WORD LODGE AS NON- FRATERNALUNDER THE DEFINITIONS AND SCHEDULE OF USES SPEAKING FOR: Colleen Russell, Director of Planning, City of Port Arthur, 444 4~h Street, Port Arthur, TX Valecia Tizeno, Acting City Attorney, City of Port Arthur, 444 4~h Street, Port Arthur, TX SPEAKING AGAINST: NONE Mr. Burton informed the commission that he was submitting a memorandum from the City Attorney regarding a definition for non-fraternal lodges. Mr. Ramirez asked, "Why is it necessary" to create a definition for lodge (non-fraternal). Ms. Moore asked if the Planning Commission had received prior request for lodging. Mr. Burton said "Yes". Ms. Tizeno stated that a definition needed to be added for clarification between the differences of a fraternal lodge and anon-fraternal lodge. In the City's Schedule of Uses, Section 7-100 of the Zoning Ordinance there is a listing for a fraternal club or lodge, which would consist of a facility that requires membership (ex: Masonic Lodge). The definition being proposed for anon-fraternal lodge will be a hybrid between a lodge and a community center and would not require membership. Mr. Ramirez asked what the difference is between a business and a lodge. Page ~ 2 Ms. Tizeno stated that there are several different things that are used to categorize a business, for example, something that is open to the public for the sale of certain items; however, what is being presented is a definition for a specific type of business. Mr. Ramirez asked what the difference is between a restaurant and a lodge. Ms. Tizeno stated with a restaurant, there are people coming in and paying for each individual meal. A lodge is very similar to a community center. It's a place that can be used for gathering. Mr. Ramirez asked where will lodges be allowed. Ms. Russell stated that lodges will be allowed with a SUP in NS and by right in all of the commercial districts. Mr. Cox stated that there are two definitions being presented to the commissioners; one being highlighted in the meeting packet, and one being submitted by the City's legal department. What is the legal position on the differences in the definitions? Ms. Tizeno explained that the definition she presented to the commissioners is more clear and open to what can be offered. REGULAR MEETING V. R10-O1 -REPEAT APPROVAL REQUESTED -MOTION REQUIRED Mr. Burton made a recommendation for approval of replat request R10-O1. Inell Moore moved to accept the Planning Department's recommendation to approve R10-01 replat request; Fernando Ramirez seconded the motion. Vote: All Yeas -Motion passed. VI. Z10-O1-ZONING D[STR[CT CHANGE REQUESTED -MOTION REQUIRED Mr. Burton made a recommendation for approval of zoning request Z10-O1; however the owners will be held responsible for the cost of extending all utility services to the site, as well as the cost for drainage and vehicular access. Alma LeBlanc moved to accept the Planning Department's recommendation to approve ZIO-01 zoning district change request; Inell Moore seconded the motion. Vote: All Yeas -Motion passed. VII. AMENDMENT TO ZONING ORDINANCE -MOTION REQUIRED Mr. Ramirez made a motion to approve the amendment of the zoning ordinance allowing the word lodge with the following definition: Lodge (non fraternal) - A facility thatserves as a private meeting place. A building and grounds owned and operated by a private party for cultural, social and recreational events or activities. Will not allow for a temporary orseasonal place to stay and may not be considered an inn; shall not be used for shelter or rooming. Inell Moore seconded the motion. Vote: All Yeas -Motion passed. Page ~ 3 VIII. MINUTES -December 21, 2009 Alma LeBlanc moved to approve the minutes as presented; Inell Moore seconded the motion. Vote: All Yeas -motion passed. IX. REPORT FROM DIRECTOR None X. FUTURE AGENDA ITEMS Ms. Moore asked about West Side Development. Ms. Russell explained to the commissioners about the efforts being taken regarding West Side Redevelopment. Xl. ADJOURNMENT Ms. Moore moved to adjourn the meeting. Ms. LeBlanc seconded the motion, which passed unanimously. Richard Cox Chairman Minutes Approved: Colleen Russell Secretary to the Commission Paye ~ 4