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Planning and Zoning Commission Minutes - 04/11/2018MINUTES PLANNING & ZONING COMMISSION April 11, 2018 PRESENT: Jack Browne Lynda Cannedy Anthony Inman Blake Haney Krystal James, Vice -Chairperson Steve Lane Rodney Martin, Chairperson VACANCY James McKechnie, Senior Assistant City Attorney Paul Menzies, Assistant City Manager Dana Schoening, Community Development Director Bobby Teague, Community Development, Asst. Dir. 1 Bldg Karen Gagn6, Planning Administrator Fabian Medellin, Planner II Davis Powell, City Engineer Rick Branum, Development Coordinator for Public Works Rita Miller, Code Enforcement and Housing Administrator ABSENT: Jerry Beaver Rick Graham Cavice Wendeborn I. CALL TO ORDER Official ♦ Members ♦ Alternate #1 ♦ *Alternate #2 ♦ Legal Dept. ♦ City Staff The meeting was called to order by Chairperson, Mr. Rodney Martin, at 2:01 p.m. Chairperson Martin proceeded to make the following comments: a. This meeting is being televised live on Channel 11. It will be replayed at 2:00 p.m. daily including Saturday and Sunday until the next live meeting is aired which will be the second Wednesday of next month at 2:00 p.m. b. Motions made by the Commission members include all staff recommendations and developmental requirements listed in the staff report. Any deviations will be discussed on a case -by -case basis and voted on accordingly. c. Applicants and citizens who wish to address the Commission or answer questions from the Commission members are asked to please speak into the Planning and Zoning Commission 2 April 11, 2018 microphone at the podium. This meeting is being taped and there is no microphone to record statements made from the audience. d. Please silence all cell phones during the meeting. If it is necessary for you to have a cell phone conversation during the meeting, please use the hallway outside this room. II. ROLL CALL Chairperson Martin roll called commission members and City staff. III. PUBLIC COMMENTS There were no comments from the public. IV. APPROVAL OF MINUTES Ms. Krystal James introduced a motion to approve the March 14, 2018 minutes. Ms. Lynda Cannedy seconded the motion. The minutes were approved. V. CONSENT AGENDA There were no items on the consent agenda to be placed on the regular agenda. Ms. Krystal James made a motion to approve the consent agenda. Ms. Lynda Cannedy seconded the motion. Motion carried and consent agenda approved. VI. REGULAR AGENDA 1. Case C 18-10 Request a carport in the front yard setback in a Single Family-2 Residential (SF-2) zoning district at 4110 Pecos Ms. Krystal James made a motion to approve. Ms. Lynda Cannedy seconded. Mr. Fabian Medellin presented the case. The property is in the northwest portion of town, along City View Drive and 1-44. The property owner is proposing a carport of 20 ft. x 12 ft. covering the driveway, which would leave 6 ft. on the interior side and the distance for the front property line is 9 ft. 6 inches. The property owner, Pat Clark, is seeking approval of a carport to be constructed in the front setback of her home to the specifications provided. The owner has proposed the desired location and size of the carport. If granted approval of the size and location, the owner will proceed with hiring a contractor for construction of the desired carport. 37 parcels notified; 6 responded in favor, 0 responded in opposition, and 0 responded with no opinion/undecided. Staff recommends approval of this Conditional Use carport request for 4110 Pecos Street with further site plan review with Planning and Building inspections at the time of permitting for construction to verify conformance with Sec. 4220. The applicant did not have any comments nor were there any comments from the public or discussion from the commission. Planning and Zoning Commission 3 April 11, 2018 The motion was taken to a vote and carried unanimously. 2. Case C 18-11 Request to allow an existing carport in the front yard setback in a Single Family-2 Residential (SF-2) zoning district at 1413 Trout. Ms. Krystal James made a motion to approve. Ms. Lynda Cannedy seconded. Mr. Fabian Medellin presented the case. Ms. Freddie Mae Ellis is the applicant and the property is located in the northeast portion of the city, at the intersection of Trout and Scurry Street, The property owner, Freddy Mae Ellis, is seeking approval of a prefabricated carport that is currently located on the property. The owner purchased the carport, and the third party installer, prior to permitting, placed the carport on the property. The third party company is refusing to remove the carport. The owner is now seeking a conditional use permit for the current placement of the carport in the front setback. After review of the pre -fabricated carport at the location, it is the interpretation of the Planning Office that the carport does not conform to the standards of Sec. 4220, I. The standard of six posts for a conforming carport is exceeded by the prefabricated carport that has a total of ten interconnected posts. In addition to exceeding the number of posts, the carport did not appear to be permanently secured to the real property, and simply set on the property. Any attempts to modify the prefabricated carport could compromise the integrity of the structure and its ability to withstand the elements. If the Planning and Zoning Commission does not approve the proposed carport request (existing prefabricated carport) it shall be removed from the front setback within 30 days or placed in the rear yard in accordance with zoning and building code requirements. In discussion with Public Works, a rear driveway access from Scurry Street would be feasible with proper permitting. If deemed appropriate, the Planning and Zoning Commission may approve for having a front yard carport that complies with Sec. 4220 standards that does not exceed the proposed size of 21ft X 12ft and built on site at the noted location. Based on the standards not being met in the setback, therefore staff recommends denial of the existing carport in the front yard setback. An option is to relocate the carport to the rear, adhering to the building, code and zoning regulations; staff would also like to submit an option of a driveway to the rear and a footprint by 21ft. x 12 ft. as approval for the proposed carport at that specific time. Chairperson Martin asked if the applicant was in attendance and wished to speak. She was not in attendance. There were not any public comments made either. Mr. Martin opened the case for discussion to commission members. Mr. Martin questioned Mr. Medellin if the homeowner was willing to move the carport to the rear of the property? Yes, however it would increase the cost with the curb cut and especially since she had placed a deposit for the carport prior to seeking a permit and the carport construction company installed the structure prior to her receiving approval. Staff does not recommend modification of the existing carport structure since it does not meet standards, and modification or removals of the interconnected support columns would cause it to be Planning and Zoning Commission 4 April 11, 2018 compromised. With that occurring, it would not be able to withstand the elements. Mr. Medellin confirmed that to his knowledge there were not any other carport configurations in the notification area. He also confirmed the carport needed a concrete driveway in the rear of the home. The commission discussed if the carport could move elsewhere on the property. There was insufficient space in the side yard setback of the property for placement. Chairperson Martin called for the vote. The vote did not pass. Two commission members supported and five opposed the conditional use application. Mr. Martin restated that the case did not pass and he stated the requirements for appealing the action of the commission. To appeal this action to the City Council, the applicant must submit appeal paperwork which can be picked up from the Planning Office and filed within 10 calendar days of this action with the fee of $100, which will need to be submitted with the appeal application. 3. Public Hearing - Case R 18-04 Concerning the rezoning of 3.54 acres from RMU to PUD to allow for development of Base Camp Lindsey as a Tiny Home Village with both residential and institutional land uses designated for at -risk veterans; and amending the Land Use Plan to change the area from Low -Density Residential to High -Density Residential at 1909/1913 Old Windthorst Road. Public Hearing opened at 2:19 by Chairperson Martin for Case R 18-04. James McKechnie advised and guided commission procedure that public comments could be heard after staff presented the case. Mr. Martin asked Mrs. Gagne to present the case. Ms. Karen Gagn6, planning administrator, stated that the submitted application is from a registered non-profit entity, North Texas Veteran's Relief Fund (NTXVRF) to rezone 3.54 acres of undeveloped land along Old Windthorst Road in order to establish a special Planned Unit Development (PUD) to accommodate their proposed Base Camp Lindsey Veterans Project. Prior to requesting the rezoning from Residential Mixed Use (RMU), representatives from NTXVRF contacted staff early in their planning process during 2017 regarding the concept of creating a veteran's residential community to determine development/code requirements and the potential for a "tiny -home" project. As part of the development process, the agency acquired the property and platted it in December 2017. The NTXVRF project proposal indicated Base Camp Lindsey will be a self- contained tiny -home residential village specifically for approved veterans that are homeless or at -risk of becoming homeless. Additional uses and amenities proposed include gardens to grow produce that will be tended, harvested and utilized by residents, a community center with training rooms, access to professional services, combined food pantry and storm shelter along with an on - site manager's residence. The proposal will include: - 58 dwelling units consisting of 240 sq. ft. (12ft x 20ft); - 6 dwelling units consisting of 480 sq. ft. (20ft x 24ft); and - 1 site -manager dwelling 400 sq. ft. (20ft x 20ft) Five of the larger units will be dedicated for veterans with spouses and be situated closer to the community center. Each dwelling unit will have to comply with city ordinances, specifically zoning, building and fire codes and will include Planning and Zoning Commission 5 April 11, 2018 an efficiency kitchen and bathroom with shower along with basic amenities of a bed, couch and clothes storage. The dwelling units will be pre -fabricated and placed on pier & beam foundations with a solar panel system for electrical power and a ductless heating and cooling system. Each dwelling unit must maintain a minimum 10ft separation distance from another building. The focus of Base Camp Lindsey is a residential community for veterans who are at -risk of homelessness (approved through screening process) to reside on - site and engage themselves in service projects aimed at integrating them into the community. Social networks are particularly important for those who have a crisis or need temporary help. Without this assistance, they are at high risk for homelessness. NTXVRF project is aimed at providing a safe place to help potentially at -risk veterans become self-sufficient. Ms. Gagne stated this is a unique rezoning request in order to create a special purpose development district through the Planned Unit Development provisions (PUD). The proposal allows flexibility for site -specific development standards thus helping address compatibility with adjacent uses. There are numerous factors that impact the analysis of this case. When evaluating a proposed rezoning request, its standard procedure for planners to consider the relationship to the municipal comprehensive plan (land use element); the surrounding zoning districts and land use; infrastructure impacts; the intensity of use, along with the degree of impact on adjacent uses and size of land parcel. Ms. Gagn6 elaborated on the changed conditions of the geographical area, relationship to the comprehensive plan and the nature and degree of impact on neighboring lands. Based on feedback from other neighboring property owners, it appeared the area was generally supportive of the proposed special purpose district to accommodate Base Camp Lindsey. However, there was concern and some opposition to the project based on not knowing what constitutes an "at -risk" veteran and safety of children in the neighborhood due to the residential clients who may have addictions, mental health, post -traumatic stress disorder (PTSD) or other issues. Rezoning the tract for this PUD could be considered to impact the adjacent residential properties however the site would be limited to residential as the primary use with only limited accessory uses which is a lesser impact than what could currently be allowed in a Residential Mixed Use zone. The proposed residential veteran's community, although higher -density, would still be in harmony with the surrounding mix of land uses. There were 33 notifications. Six notices returned. Four were in favor; one was unfavorable, and one was undecided. Staff recommends approval of the proposed rezoning request to allow for a special purpose district Planned Unit Development for Base Camp Lindsey Veterans Project at 1909 and 1913 Old Windthorst Road along with a Land Use Plan amendment to High -Density Residential. There were not any comments from the public. Chairperson Martin closed the public hearing at 2:39 pm. Planning and Zoning Commission 6 April 11, 2018 Chairperson Martin asked for a motion to approve. Ms. Krystal James read the entire description and made a motion to approve Case R 18-04. Ms. Lynda Cannedy seconded the motion. Chairperson asked if the applicant wished to speak. Applicant was in the audience but said "City staff had covered everything". Mr. Martin asked if the City Staff had any additional comments. Ms. Gagn6 indicated staff had no additional comments. Chairperson Martin closed the public discussion and opened it up Case R 18-04 for the commission to discuss. The representative for the applicant, Ms. Chris De La Garza, Vice -President, North Texas Veterans Relief Fund, answered most of the questions from the commission. Question: How long do you foresee veterans staying within Base Camp Lindsey? Answer: Anticipate the veterans can stay between three up to nine or twelve months depending on their needs to transition to permanent housing. Question: Do you have an estimation on occupancy? Answer: Based on the tinny home, one per home; not accounting for the larger homes. We are looking at no more than 70 — 75 at all time. We will keep it sparsely populated. Question: Currently, how many homeless veterans are in Wichita County or in transit? Answer: At this time, there are 25 up to 80 vets on the streets nightly but the program is focusing on the ones who can receive assistance and transition back to independence. Question: Do you accept those veterans outside of Wichita County? Answer: Our bylaws include Wichita, Wilbarger, Archer and Clay counties, as we become more stable and the project grows, we will entertain ideas bringing veterans from other areas. Question: Is there be a manager on site at all times? Answer: Yes, an Executive Director and case manager available during normal working hours; site manager will be available after hours. Someone will be there twenty-four hours 1 seven days a week. Question: Directed to staff — What occurs with the property or are there any time constraints if the property takes too long to develop? Answer: Ms. Gagne responded zoning stays with the property until such time that it is rescinded by ordinance by Council. Question: Will the residents have any right to modify the structures? (Paint, awnings, put in a window) Answer: No, ma'am. It will stay consistent. Planning and Zoning Commission 7 April 11, 2018 There was not any further discussion. Chairperson Martin called for the vote on the case. The motion carried, unanimously. 4. Public Hearing - Case TA 18-02 Conduct a public hearing and take action on text amendment to amend the Code Ordinances, Appendix A: Subdivision and Development Regulations revising and updating sections addressing; definitions, platting standards (preliminary and final), submission requirements, documentation, and processing; Standards and specification relating to: street access, medians, easements (utility, access and drainage), utility lines, responsibility for payment of installation cost, and modification of subdivision regulations (appeal procedure). Applicant: City of Wichita Falls. Chairperson Martin opened the public hearing for Case TA 18-02 at 2:44 p.m. Assistant City Manager, Paul Menzies introduced himself and presented the case to the commission. This overall presentation is to facilitate and continue the momentum of moving the City forward with sharing the Council's vision of the "bigger picture" and economic development and improving the business relationships within the City and local community. After reviewing the general role, mission and focus of the planning and zoning commission, Mr. Menzies recognized the commission's discretionary review however plat approval and subdivision reviews are a ministerial review. He stressed that if an application for plat or subdivision before you meets all the City's requirements within the ordinance, it must be approved. It is important that our ordinances are reflective of our community standards. With coordinated standards our business community will be able to make developmental plans which have the capacity to grow our City. He requested the commission, if they so choose, to review and to make recommendations to the City Council on these proposed amendments and/or improvements to the City subdivision regulations. A public hearing is not mandated by law for this action. Mr. Menzies revealed a draft (the first time shown to a commission or a board). This drafted flowchart showed the City's stages or steps within the general developmental process — beginning with a raw piece of land, platted, infrastructure, building permits, inspections, and receiving the certificate of occupancy. He hopes in the future this drafted flowchart will become a foundational pillar for the development community to have a better understanding of the City's platting and infrastructure process. The Assistant City Manager spoke about the subdivision ordinance, a state law, regulating division of land for sale or development. More importantly, it regulates installation of infrastructure — water, sewer, paving and drainage. These are the standards which the developer follows and puts into the development. These items will become public which will be maintained by the taxpayer. Infrastructure is extremely important. In general, the subdivision ordinance applies to new development. The City Council conveys approval and authority of preliminary plats, new plats, and replats to this planning and zoning commission. As a career public servant, Mr. Menzies has observed and acknowledged the importance of planning and zoning commission and its role is almost as significant as a City Council. Planning and Zoning Commission 8 April 11, 2018 Mr. Menzies continued to speak and follow the drafted flowchart. Once a preliminary plat is approved, it would move to the infrastructure stage. At that time, one of two paths are available for the developer to select. One option is for the developer to build the infrastructure, have it approved by the City engineering division, after installation approval, the developer then can submit an application for final plat to the City. The second path is for the developer to put up a letter of credit or partial amount for cost of the public improvements which secures with the City that the infrastructure will get built. The advantage of this is that the final plat would be approved and the developer could begin selling lots, getting revenue, which would help him with his business plan. That's a synopsis of the subdivision process. Being a newcomer to the City, Mr. Menzies stepped into this ongoing process which has been occurring within the last two - three years. This has been a collaborative effort between the area home building association, commercial construction professionals and city staff — Karen Gagne, planning, Russell Schreiber and Davis Powell, engineering, James McKechnie, City Attorney office, Bobby Teague, Building Inspections, etc. Mr. Menzies referenced the packet given to the commission with proposed amendments. It was divided into two parts: process related and development and construction standards. He gave highlights on many of them. Mr. Menzies stated that if the planning and zoning commission so chooses they would review this and make recommendations to Council who in turn would consider this in ordinance form in May 2018. He also pointed out that it appears that since streamlining has occurred, meetings will continue quarterly with the development community (home builders association, commercial contractors, etc.). Ordinances are fluid and flexibility is needed as the community sees fit. He and Dana Schoening, Director of Community Development plan to have a wider perspective and look at various issues that come up in the whole process. Proposed Amendments within the ordinance • Pre submittal meeting - have a pre -meeting with proper departments to avoid last minute headaches • Plat approvals - The State law has codified plat approvals, even though the term "filed" has not been defined. Our City along with others similar our size, we define "filed" as- once the application is complete (ministerial) so the commission can approve the project that is when the 30 days clock starts • Sequence of approval — Clarification of process flow which is preliminary plat, infrastructure and final plat • Variance (Appeals) - This is an important modification. This is a variance/appeal procedure for the developer in the subdivision process • Platting exception - This is consistent with state law. • Infrastructure standards • Existing Medians maintenance • Access standards Planning and Zoning Commission 9 April 11, 2018 Mr. Menzies digressed and showed that supporting and making recommendation furthers the City Council's adopted strategic bills. The bill incorporates seven components (downtown, economic growth, communication, infrastructure, young workers and graduates, efficiently deliver city services and the brand). With a Council - Manager government, the Council gives the City Manager the vision and direction through adopting policies and passing of laws. This ordinance, amending and with the application of it, which will further the strategy the Council has laid out for the City of Wichita Falls. Mr. Menzies thanked the commission for their attention and asked that they recommend this to Council; he also thanked Ms. Karen Gagn6 for "carrying the ball" on this project. Chairperson Martin asked for any public comments. Michael Grassi, 5320 Kemp Blvd, Classic Builders, Current President, North Texas Home Builders Association (NTHBA). Mr. Grassi stated it's been a long journey with many hills and valleys. He commented that this is ending on a high note. He noted even with Mr. Schoening and Mr. Menzies being newcomers to the City- they have hit the ground running. He asked the commission to review and make recommendations to the Council so implementation could begin. This would be beneficial to the developers as well as the public safety. The public hearing was declared closed at 3:09 p.m. Chairperson Martin called for a motion on Case TA 18-02. Case TA 18-02 read and motion made by Krystal James and seconded by Lynda Cannedy. There was no further discussion by staff or the public. The case was closed for public discussion and opened for discussion to the commission. There was not any discussion by the planning and zoning commission members either. Chairperson Martin called for the vote. The vote carried, unanimously. Vi. OTHER BUSINESS 1. City Council Updates Mr. Schoening, Director of Community Development, stated the City Council did consider two recommendations on April 3rd brought by the commission. He thanked them for their efforts: • Conduct a public hearing and take action on an ordinance amending the Code of Ordinances, Appendix B: Zoning, Section 3000 - Zoning District Types and Regulations, specifically Section 3640. PUD — Planned Unit Development District (General) and Section 3680. — Approval Criteria to allow for Planned Unit Developments (PUD) to be less than five (5) acres; Planning and Zoning Commission 10 April 11, 2018 providing a repealer clause; providing for inclusion. Applicant: City of Wichita Falls Conduct a public hearing and take action on an ordinance rezoning approximately 3.72 acres of land located at Lot 2-D and Lot 2-C, Block 12, Bellevue Addition [1912 11th St — 3.13 acre former Alamo Elementary and a 0.58-acre parcel at Denver St] from Single Family-2 (SF-2) to General Commercial (GC) and amend the Land Use Plan to change the area from Institutional to Commercial. Applicant: Richard Graham. 2. Commission Updates Ms. Gagne informed the commission that Travis Witt, the newest alternate member, has resigned. He has accepted a planner position at Lackland A.F.B. Currently there are seven applicants for this alternate commission vacancy. Planning staff are working with the City Clerk's office and anticipate Council may consider appointments in May. VII. ADJOURN The meeting adjourned at 3:12 p.m. Rodney Martin, Chairperson ATTEST: na Schoening, Dept. of Community Development Date 10 Jr Date 1