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Planning and Zoning Commission Minutes - 01/09/2019MINUTES PLANNING & ZONING COMMISSION January 09, 2019 Jack Browne ♦ Member David Cook ♦ Member Blake Haney ♦ Member Krystal James ♦ Vice -Chair Steve Lane ♦ Alternate #1 Rodney Martin ♦ Chairperson Cayce Wendeborn ♦ Member James McKechnie, Senior Asst. City Attorney ♦ Legal Dept. Dana Schoening, Community Development Director ♦ City Staff Karen Montgomery -Gagne, Planning Administrator Skyler Henricks, Planning Technician Rick Branum, Dev't Review & Utility Coordination ABSENT: Rick Graham ♦ Member Anthony Inman ♦ Member Dan Leslie ♦ Member Mark McBurnett ♦ EX-Offcio Councilor Whiteley ♦ Council Liaison I. CALL TO ORDER The meeting was called to order by Chairperson, Mr. Rodney Martin, at 2:03 p.m. Chairperson Martin proceeded to make the following comments: a. This meeting is being televised live on Channel 1300. 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 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 Planning and Zoning 2 January 09, 2019 Commission Chairman Rodney Martin roll called commission and staff members. Ill. PUBLIC COMMENTS There were no comments from the public. IV. APPROVAL OF MINUTES Ms. Cayce Wendeborn made a motion to adopt the December 12, 2018 minutes. Ms. Krystai James seconded the motion. The motion was passed unanimously. V. CONSENT AGENDA Mr. Martin asked staff to present the consent agenda. Ms. Karen Montgomery -Gagne requested the El Norteno Addition, Lot 1, Block 1 and Park Place Subdivision, Lot 5-B, Block M & Lot 1-A, Block N plats be withdrawn. Staff received written requests from both surveying companies to withdraw these plats while they work on additional items with clients. Mr. Martin advised since the plats are withdrawn there would be no vote on consent agenda. VI. REGULAR AGENDA 1. Case C 19-01 -- 1218 Ban de ra Blvd.: Request for a conditional use to allow a carport in the required front setback in a Single Family-2 Residential (SF-2) zoning district. Applicant: Jose Aranda Ms. Krystal James made a motion to approve. Ms. Cayce Wendeborn seconded. Mr. Skyler Henricks presented the case and stated subject property 1218 Bandera Blvd. was in the southeast area of Wichita Falls, north of US 287 and east of Windthorst Road. Mr. Henricks stated the original site plan map the property owners submitted was adjusted. originally the property owners had applied to build a 20 ft. X 29 ft. carport. However, after further review by staff it was determined it would need to be reduced by two feet due to the drainage easement making it a 18 ft. X 29 ft. carport. The owners are also going to match the metal roof already on the home keeping the carport uniform. Mr. Henricks advised there were 3 other properties within the 200 foot notification area that have carports in the front setback area with an additional 2 carports just outside of this same area. 27 notifications were sent out to property owners with a response of two, both in favor of this conditional use. Mr. Henricks stated after review staff was recommending approval of this conditional use request with further site plan reviews by planning and building inspection staff at time of permitting to verify conformance. Planning and Zoning 3 January 09, 2019 Mr. Martin asked if applicants or anyone present would like to make any statements. No one answered to speak. Mr. Martin asked if there was anyone else wishing to speak. With no comments Chairman Martin closed the case to the public and opened for commission member discussion. No comments from the commission. Mr. Martin closed the discussion and called for a vote. Motion passed unanimously. 2. Case C 19-92 -- 4660 Sierra Madre Dr.: Request for a conditional use to allow a carport in the required front setback in a Single Family-2 Residential (SF-2) zoning district. Applicant: Larry Carr Ms. Cayce Wendeborn made a motion to approve. Ms. Krystal James seconded. Mr. Henricks presented the case and advised the property at 4660 Sierra Madre Dr. was located in the southwest part of Wichita Falls north of Southwest Pkwy. and west of Cypress and Rider High School area. The property owners are requesting to build a 20 ft. X 17 ft. carport with a 'Front setback of 7.5 ft. and interior setback of 3.5 ft. Plans show a standard carport consisting of 4 poles and metal roof. There was an example carport located at 4645 Sierra Madre Dr. The surrounding area is Single Family-2 (SF-2) in all directions surrounding subject property. Mr. Henricks stated 28 notices were mailed within the 200 ft. notification area with a total of four responding, all in favor of the carport. There were no other carports within the 200 ft. notification area however, there was one located just outside of that area to the north at Catskills and Sierra Madre. Mr. Henricks stated staff was recommending the approval of this conditional use carport request for 4660 Sierra Madre Dr. with further site plan review by planning and building inspections at the time of permitting. Mr. Martin asked if the applicant was present and wished to comment. With no comments Mr. Martin closed the discussion to the public and opened to the commission. No comments were made and Mr. Martin called for a vote. Motion passed unanimously. 3. Case C 19-93 — 1999 Woodrow Avenue: Request for a conditional use to allow a carport in the required front setback in a Single Family-2 Residential (SF-2) zoning district. Applicant: Linda Hoagland Ms. Cayce Wendeborn made a motion to approve. Ms. Krystal James seconded. Mr. Henricks stated the applicant, Ms. Hoagland had called planning staff to ask if a carport could be placed in the front setback of the subject property. Due to the way the Wichita County Appraisal District had the property lines drawn it looked as though it was all in the public right -of- way. After further review based on survey provided by the applicant it was determined that her property line extended to the middle of the road. The subject property was located in the south central part of Wichita Falls south of Speedway and east of Harrison Street. Ms. Hoagland originally submitted plans for a 27 ft. X 18 ft. carport. Due to property lines it was going to have to be reduced down in Planning and Zoning 4 January 09, 2019 size which would not fit most vehicles. After staff consulted with Public works and property management an exception right-of-way could be done. With the exception right-of-way Ms. Hoagland would have a 2 ft. front setback and 8.2 ft. interior side setback. Mr. Henricks advised an example carport could be seen at 1818 Woodrow Avenue. Staff mailed out 17 notices to property owners with a total of 3 responses, all in favor of the conditional use. Mr. Henricks stated staff recommended approval of this Conditional Use carport request for 1909 Woodrow Ave with further site plan review by planning and building inspections. Mr. Martin asked if applicant was present and wished to make a statement. Applicant did not wish to speak at that time. Mr. Martin asked if there were any others that wished to speak. Mr. Rick Branum stepped forward from Public Works to ask how far out the edge of the carport would be From the curb and gutter in the road. Mr. Henricks stated the edge of the right-of-way is right at the curb and gutter line. Mr. Branum stated that puts the carport only two foot away and that is very close to where sanitation trucks would be going and that concerned him. Mr. Martin asked Mr. Branum since that was a dead end street the trash trucks would not go to the end. Mr. Branum stated the trash trucks back in to the end of the street. Mr. Martin stated if the trash was put out too close to the carport the trash would not be picked up and that would be up to the owner. Mr. Martin also asked Mr. Branum the location of the city utility lines as far as water and sewer. Mr. Branum stated there is potentially a conflict because it is too close. Ms. Karen Gagne stated upon further review the carport length would need to be shorter to avoid some of the conflicts with public works. Chairman Martin asked Mr. McKechnie if the conditional use is approved any adjustment to the size of the structure would still need to get approval from all departments. Mr. McKechnie advised that was correct however if Mr. Chairman had any reservations that this should be postponed until next month and let staff further review the case and come up with a solution. Mr. McKechnie advised the commission his recommendation was to postpone any decisions in this case until next month because this was an odd case and not something that had been dealt with before his office (legal) as well as other city offices would need to review it further. Mr. Martin asked the applicant to please step forward. Linda Hoagland, 1909 Woodrow Avenue stepped forward to discuss case. Mr. Martin explained he would like to postpone the hearing of this conditional use until next month. Chairman Martin advised that to build a structure that ended up being in the city's easement area meant the city could come back and take said structure down after she had paid for it with no reimbursement from -the city. Ms. Hoagland stated she understood. Ms. Hoagland advised with the trash situation the trash trucks could not back down Woodrow Avenue very far because the truck is equipped with an alarm that starts beeping and will not allow the truck to continuing going back. Ms. Hoagland also stated she had contacted Mr. Vikesh Desai with Public Works and he indicated the drain across the street would be blown up and covered with asphalt and cause water to back up into her garage. She stated this has not happened as of yet. She stated she understood the need for access to the water lines under her property but asked could she shorten the length of the carport and still have the structure built. Mr. Martin stated the problem with that was if there was to ever be a problem with that water line the city would tear down her carport. Chairman Martin stated that was one reason he wanted to table this case until next Planning and Zoning 5 January 09, 2019 month to be able to know the exact location of the water line to see if it would be possible to reduce the carport. Ms. Hoagland asked if this information was not available for inspection before the meeting. Mr. Martin stated it was not available to the commission but possibly to staff and referred to Mr. Schoening in which he stated staff needed further communication to determine exact location of the water line and come back with a recommendation and address all issues. Mr. Martin stated this was the first time he has ever seen this situation and that it is not a common occurrence and he would like to approach it with caution. Mr. Schoening stated he would recommend tabling this until the next meeting. Mr. Martin stated he agreed and sympathized with the applicant and understood she had a builder ready to build and this would postpone the build. Mr. David Cook stated in the book it says this case was recommended for approval by staff why did it say that if it had issues. Mr. Martin advised it is recommended by planning staff but that did not mean that Public Works and other city departments that have something to do with that area or have that same recommendation. Mr. Schoening stated if Public Works has an issue that we need to review it in depth and hear this case at the next meeting. Mr. Schoening apologized to the commission and the applicant for their time but this would be in the best interest of all parties. Ms. Hoagland asked next month how many more departments would be present that would then have issues with her building a carport. Mr. Martin stated he hoped none, that he was confident planning staff would talk with all involved departments and have a recommendation ready at the next meeting. Ms. Hoagland asked if she could tell her builder to be ready to build next month. Mr. Martin stated he could not make a call on that but he was urging staff to make sure everything is in order before they bring this before the commission next month. Ms. Krystal James motioned to table the case until the next meeting. Mr. David Cook seconded. Motion passed unanimously. 4. Case C 19-04 -- 2722 Palmetto Drive: Request for a conditional use to allow a carport in the required front setback in a Single Family-2 Residential (SF-2) zoning district. Applicant: Willie R. Clarrett Ms. Cayce Wendeborn made a motion to approve. Ms. Krystal James seconded. Mr. Henricks stated the applicant Willie Clarrett was requesting to build a 20 ft. X 20 ft. carport in the front set back of his property which was located in the north area of Wichita Falls west of US 287 and east of Adrian Avenue. Mr. Henricks stated the applicant has already widened the drive and curb cut on the property. The example carport was located across the street 2719 Palmetto. Staff mailed out 32 notifications with 6 responses in favor, 1 response in opposition and 0 no opinion/undecided. There were 6 other carports within the 200 ft. notification area. Mr. Henricks stated staff recommended approval of this Conditional Use carport request for 2722 Palmetto Dr. with further site plan review by planning and building inspections at the time of permitting for construction. Planning and Zoning 6 January 09, 2019 Mr. Martin asked if the applicant was present and wished to comment. with no comments Mr. Martin closed the discussion to the public and opened to the commission. No comments were made and Mr. Martin called for a vote. Motion passed unanimously. VII. OTHER BUSINESS City Council Updates Ms. Gagne stated in November there was a split vote to a conditional use renewal for a contractor's yard on Seymour Hwy. This appeal was presented to City Council where they approved an ordinance that contained more stringent conditions adding a timeline for compliance with conditions that were present at Planning & Zoning. originally this was presented to the commission in 2017 and initially had 4 conditions. In the November P&Z meeting there were 5 and an additional one added with a time constraint giving the owner 30 days from the date of ordinance approval to clear the outdoor storage items from -the property. The applicant had been operating while still out of compliance. Additionally the property owner was given a 60 day time frame to have the screening fence installed and approved. The applicant continues to work with Bobby Teague and Dana Shoening to move forward in being in compliance with all city ordinances. Ms. Gagne advised City Council had re -appointed the four members up for reappointment as well as moved up David Cook who was replacing outgoing member Lynda Cannedy as well as Dan Leslie rejoining the Commission as an alternate. As of today Jerry Beaver had submitted his resignation due to a work and health situation. Vlll. ADJOURN The meeting adjourned at 2.40 p.m. Rodney Martin, Chairperson ATTEST: De t. eve Lily 1 _e_ p Date 2-13 -2oi9 ity-Development Date