By PAULENE POPARAD

Porter Plan Commission members agreed Wednesday that any new business structure exceeding 3,500 square feet in a Business-2 zone first should have to obtain special approval because a larger size wouldn’t be compatible with nearby residences.

That’s just one of the recommendations forwarded to the Town Council for final action as part of several proposed amendments to the zoning ordinance. Included are tougher requirements regarding the number and total square footage of signs in all business and industrial districts.

Initially the draft amendment prepared by town planner Jim Mandon said grocery stores in a B-2 zoning district couldn’t exceed 5,000 square feet without a special exception. But commission members Ken Timm and Brenda Brueckheimer suggested dropping the size to 3,500 square feet.

Member Greg Stinson went further suggesting the smaller size be applied to all business uses in B-2. “If something (larger) comes up and it makes sense, take it to the (Board of Zoning Appeals) and we can look at it.” Timm agreed that going before the BZA would give neighbors a chance to be heard.

The Town Council could change the B-2 size limit when it considers the amendments. Mandon said if they’re adopted, any existing B-2 building over 3,500 square feet would become a legal, non-conforming use and require BZA permission to be expanded.

The proposed amendments also would move several types of stores, the trend for each being larger structures like a freestanding Walgreen’s instead of a small corner drug store, from the Business-1 zone to B-2. Mandon said B-1 is Porter’s downtown; B-2 is closer to major streets and away from homes.

The stores affected are drug stores or convenience pharmacy, dry cleaning and retail laundry receiving stations, convenience stores, office supply stores, paint and wallpaper stores, shoe stores and sporting goods stores.

Another change is banning drive-thru windows for restaurants in B-2 unless they receive a BZA variance; drive-thrus would be allowed in Business-3, which is located near major highways.

Additional amendments clarify language regarding front lot line, a public street and a street after a lawsuit over the right to build in Porter Beach called into question access off a private street.

Other changes deal with when the Plan Commission can initiate a rezoning if the property involved is being developed as a planned unit development or PUD.

If approved by the Town Council, also under the new rules the total number of signs would be limited to two, including those on a building and freestanding; their combined size generally could not exceed 100 square feet. The exception would be if the BZA approves more/larger signs, or under a formula based on a business structure’s distance from the road.

Following a brief public hearing all amendments were forwarded on a 5-0 vote with members Paul Childress and Lorain Bell absent.

Mandon told the commission it’s unclear if previously recommended zoning amendments were forwarded to the Town Council and ever acted upon earlier this year. These dealt with development on non-conforming lots of record. Mandon offered to investigate and said an ongoing codification of town ordinances will help avoid such misunderstandings.

In other business, by unanimous vote the commission gave final approval to developer Larry Gough, who did not attend, for an addendum to the text of his PUD ordinance for Mineral Springs Villas on Beam Street at Mineral Springs Road. Originally approved as one-story, paired-patio homes, earlier this year the commission OK’d allowing bonus rooms in an upper level with the same roof line.

Since then Gough also asked to change six of the duplexes to single-family homes. Last night’s PUD amendment states single-family structures of 1 1/2-story configuration are acceptable, however, town attorney Patrick Lyp said Gough still can build duplexes if he wants on the six lots.

Commission member Jim Eriksson said he preferred the single-family homes because they’d leave more room between buildings and generate fewer cars per building.

Lyp advised and the commission agreed the PUD change is a minor one not requiring the involvement of the Town Council, which approved the original Mineral Springs Villas PUD.

Posted 5/17/2007