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Planning and Zoning Commission Minutes - 05/08/2019MINUTES PLANNING & ZONING COMMISSION May 8, 2019 PRESENT: Jack Browne ♦ Member David Cook ♦ Member Rick Graham ♦ Member Blake Haney ♦ Member Anthony Inman ♦ Member Krystal James ♦ Vice -Chair Dan Leslie ♦ Alternate #1 Rodney Martin ♦ Chairperson Jeremy Woodward ♦ Alternate #2 Paul Menzies, Assistant City Manager ♦ City Staff James McKechnie, Senior Asst. City Attorney Karen Montgomery -Gagne, Planning Administrator Fabian Medellin, Planner II Skyler Henricks, Planning Technician Christal Ashcraft, Community Development Admin. Assist. Bobby Teague, Building Official/Assistant Dir. Community Development Pat Hoffman, Property Mgmt. Administrator Rita Miller, Code Enforcement & Housing Administrator Rick Branum, Dev't Review & Utility Coordination, Engineering ABSENT: Steve Lane ♦ Member Cayce Wendeborn ♦Member Mark McBu rnett ♦ SAFB Liaison Councilor Whiteley ♦ Council Liaison I. CALL TO ORDER The meeting was called to order by Chairperson, Mr. Rodney Martin, at 2:00 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 1:58 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 2 May 8, 2019 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 Commission Chairperson Rodney Martin roll called commission and staff members. III. PUBLIC COMMENTS Mr. Martin asked if there were any comments from the public. With no response, Mr. Martin closed public comments. IV. APPROVAL OF MINUTES Ms. Krystal James made a motion to adopt the April 10, 2019 minutes. Mr. David Cook seconded the motion. The motion was passed unanimously. V. CONSENT AGENDA Preliminary Plat 1. Islamic Society Addition, Lots 1 & 2, Block 1 Final Plats 1. Fountain Park, Section 8D, Lot 10, Block 63 2. Islamic Society Addition, Lot 1, Block 1 Ms. Krystal James made a motion to approve the consent agenda. Mr. David Cook seconded the motion. The motion was passed unanimously. VI. REGULAR AGENDA 1. Case C 19-07 — 4703 Fairway Boulevard & 4519 Southwest Parkway: Request for a conditional use to allow for the operation of an outdoor flea market in a General Commercial (GC) zoning district. Applicant: Rhonda Jones Mr. Fabian Medellin presented the case and stated Rhonda Jones had submitted an application requesting the operation of a flea market in a General Commercial zoning district. Ms. Jones had been operating a flea market on the subject property for some weeks when she was contacted by code enforcement regarding land -use violations for not going through the proper channels to seek approval prior to operating. Since that time planning staff has worked with Ms. Jones on seeking a conditional use approval. Originally Ms. Jones submitted her application in February 2019 to be heard at the March 2019 P & Z meeting. However as the proposal has changed and evolved the application has been withheld until this time when staff felt there was sufficient information to present to the Commission. Mr. Planning and Zoning 3 May 8, 2019 Medellin stated the subject property was located south of the intersection of Fairway and Southwest Parkway and consists of two properties owned by Mr. Charles Petty that he leased to the applicant, Ms. Jones. On the property there are some existing structures one of which Ms. Jones uses to store her items for sale. Mr. Medellin stated looking over Ms. Jones' unique proposal of outdoor sales was an allowed use. However there is very little to guide staff through the development of a temporary outdoor sales/storage. While trying to be thorough planning staff met with various departments; public works, traffic, transportation, fire department, health department as well as building inspections. One concern at the forefront was access to the location. There are medians along Southwest Parkway and Fairway Boulevard that limit access to the location. A proposal was made while working with the Traffic Department that would alleviate some of the illegal maneuvers made, especially on the Fairway side. An option to limit entrances and exits by creating a one way in and one way out of the property was proposed. This was done to ease the flow of traffic and alleviate illegal maneuvers both on and off private properties. In addition to access for patrons we also considered access for emergency service vehicles. The Fire Marshall was contacted regarding being able to access the property. After a visit to the location the Fire Marshall did have concerns and issues as to whether or not a fire fighting apparatus would be able to access the location via Southwest Parkway due to the existing structures and parking lot layout. The Fire Marshall did state that emergency vehicles could access the property via the Fairway Boulevard side, however there were concerns about the bridge over the drainage channel. After consulting with public works and their review of building schematics for the bridge it was determined that it could support the weight of a fire fighting truck (40 tons). Ms. Jones advised staff her sales area would be limited to the southern portion of the Fairway and Southwest Parkway lot. The northern portion of that lot is not in her current lease. The proposed sales area is 36 ft. X 40 ft. for a total of 1,440 square feet with eight parking stalls provided. Mr. Medellin stated another concern was patrons accessing the sales area from the parking area. The ADA and Texas Accessibility Standards dictate that firm, stable and slip resistant surface be provided for the paved parking lot and within the sales area. While looking into the parking, it was also addressed that a handicap parking stall would be required. Staff conducted research for comparable ordinances and developmental parking requirements for outdoor sales or flea markets in Texas cities. There are few cities that are comparable in size to Wichita Falls that specifically outline outdoor sales in their parking requirements. All research cities based parking standards on the square footage of the use or site area instead of the gross floor area. In comparison to other Texas cities, our proposed requirement of 7 stalls would fall near the median of the cities researched. Mr. Medellin stated the required 7 stalls would need to be asphalt or concrete. Mr. Medellin stated restroom facilities for patrons were a concern. Staff contacted the Health Department to discuss proposal and need for basic restroom facilities for patrons. Texas Health and Safety Code require restroom facilities be provided anywhere the public congregates. Staff is requesting two bathrooms be provided, one of those to be accessible to any persons with a disability. The proposed site Planning and Zoning 4 May 8, 2019 being outdoors posed another unique concern specific to the use. The sales site area would need to meet accessibility standards set forth by both the Americans with Disabilities Act (ADA) and Texas Accessibility Standards (TAS) by providing accessible grounding or flooring. The TAS requires that floor or ground surfaces be stable, firm, and slip resistant. Mr. Medellin advised during sales Ivls. Jones had used streamers or streamer pennants to attract attention to her sales. Staff had no issue with the use of the streamers, however placement where they can be placed will be specified. There are drainage and utility easements along the property and the use of those streamers would be allowed as long as they are not in the easements or attached to any utility poles or street signage. The use along the perimeter of the property would be allowed. Staff felt the use of these streamers could be beneficial to mark off the area not leased by Ms. Jones and also help guide the flow of traffic. Ms. Jones was advised of the temporary sign ordinance and due to her signs being temporary she would be allowed to have one per property and limited to a sign of 32 square feet. Permanent signage may be applied for, renewed and constructed. The permanent signage would follow the guidelines for a general business sign, and dependent upon sign type (pole, ground, etc) and setback from the property line will determine allowable square footage. Mr. Medellin advised the area surrounding the subject property was all General Commercial (GC) except for a Single Family-1 district (SF-1) to the north/northeast. As staff worked with Ms. Jones through the last couple of months and changing business plan, notices have gone out each month. In May, 20 notices were sent to property owners. Five responded in favor and five opposed. In April, 20 notices were sent with four in favor, one undecided and three were opposed. In March, only 13 notices were sent out due to the request only including the Fairway address and not the Southwest Parkway address. Mr. Medellin stated leading up to the March meeting they received 7 telephoned complaints. Ms. Jones brought a petition signed by citizens in favor of her business being open to the proposal. Mr. Medellin advised after critical analysis of all potential impacts staff recommended approval of the outdoor flea market at 4703 Fairway Boulevard and 4519 Southwest Parkway with strict adherence to conditions set before: a. The designated sales area, signs, or stringed pennant/ metallic streamers and posts will not be allowed to be located within any of existing drainage or utility easements on the property. Stringed pennant/ metallic streamers shall not be located over driveways or aisle, and shall be used along drive aisles and parking areas to detour patrons from parking on unimproved surfaces. The stringed pennant/ metallic streamers may be located along the perimeter of the subject property not to include the utility/ drainage easements. They may not be tied to any public signs or utility poles. b. Lights provided to illuminate any parking facility or paved area shall be designed to reflect away from any residential use and/ or public street. Planning and Zoning 5 May 8, 2019 c. Signage for the temporary sales will be limited to one on -site temporary sign per property no more than 32 square feet, and follow Section 6700 for placement of the sign and removal timeframes. d. During sales events, directional signs shall be placed on private property to guide traffic at the curb cut indicating Southwest Parkway is for "Entrance Only" and Fairway Boulevard is for "Exit Only e. The outdoor flea market shall not operate more than 26 weekends per year, and no more than twice each month. Weekends shall be considered as Thursday through Saturday. The hours of operation shall also be limited from 7 am through 8 pm during the weekend of active sales. Set up of the sales event shall be conducted during the allowed weekends of active sales. f. Parking stalls on an improved surface of concrete or Hot Mixed Asphalt Concrete (HIVIAC) shall be provided to include drive aisle to the designated parking stalls and access lane from one lot to the other. A minimum of 8 parking stalls shall be required of which fifty percent may be provided off -site through a parking agreement with a signed copy of said agreement on file with the City of Wichita Falls. -rhe off -site parking shall not take away from the required parking for that existing use. On -site parking shall also provide handicap accessible parking as outline in the Texas Accessibility Standards and American's with Disabilities Act. All proposed parking shall comply with all requirements under Section 6200 — Off —Street Parking, Loading, and Curb Cut Regulations. g. The site shall comply with American's with Disabilities Act and Texas Accessibility Standards requirement of stable, firm, and slip resistant surfaces for a walkway from the parking area to and within the designated sales area. h. A minimum of 2 onsite restrooms are to be provided separate from those currently servicing other uses on the lot. Temporary restrooms may be used, of which one must be handicap accessible. Temporary restrooms are to be placed on an improved surface and have an accessible path to them. i. Any additional Site improvements or developmental requirements including stormwater detention and landscaping are subject to a site plan review. j. Prior to initiating business operations all developmental requirements and conditions of b, f, g, h, and i shall be reviewed, approved, constructed, and inspected through the site plan review process. Mr. Martin asked if the applicant was present and wished to speak. Ms. Jones, 4713 Fairway Boulevard stated she had an outline to describe the nature of her Planning and Zoning 6 May 8, 2019 business. Ms. Jones started by thanking the Commission for hearing her case. She advised that she had never expressed that this was a Flea Market and even by definition it did not meet criteria to be a 'flea market. Ms. Jones stated she was the sole owner of the items she was selling and rather than debate the issue and possibly change the staff recommendation she would rather to just move forward at that time. Ms. Jones stated regarding mailed out notices for the fast three months she agreed with the staff report of five being in favor but wished to express that three of those five did not receive notices the previous month and she personally let staff know and staff resent those notices. Ms. Jones also stated she had obtained approvals by local businesses and citizens that had signed a petition which had been presented to the committee in a separate handout. Ms. Jones stated she wished to make known three of the five notices that were in opposition to her project had attempted to purchase the lots she was currently leasing and they were denied the sale and she believed that was why they were in opposition. Ms. Jones stated her sales were occurring with ease when she was approached by code enforcement and told to contact the city planning department which she did and complied with any and all requests made to her. Ms. Jones continued to list the ways she had complied and ways the staff had changed requirements for her. Ms. Jones stated that with all the obstacles she has dealt with from here out she would accept only written approvals, requests or anything else coming from staff. She stated she is not disputing the recommendations but that her major concern was having everything in writing. Ms. Jones stated she understood about having to meet criteria prior to having her sales up. She stated she wanted to know in writing what specific lighting staff was recommending since her sales were during the day and never at night. Next the parking stalls, she stated she needed in writing what was specifically required. Ms. Jones requested she have staff from the city meet with her on site along with her contractor to give written approval. Ms. Jones stated she does not understand why she needed two port -a -potty's. She advised she would like someone to research as to why she would need two, she was pretty sure she was only required to have one. Ms. Jones stated she would like to have in writing why she had to have two. Ms. Jones stated "another vague requirement not understood" was drainage and again she requested this in writing. She stated her sales were next to a drainage ditch and stated there should not be a need for drainage or stormwater detention. Landscaping in another issue she stated she wanted in writing exactly what may or may not be required. Ms. Jones asked if the Commission had any questions for her. Mr. Martin stated since she had so many questions that he would come back to a place where the Commission could ask her questions but first proceed with public comments. Mr. Martin asked if there were any other comments from the public. Mr. John Montoya, 4705 Fairway Boulevard stated he owned the property next to where Ms. Jones was setting up sales, the drainage ditch runs between the two properties. Mr. Montoya stated he is opposed to sales with the concern of illegal U-turns. He stated he has security cameras showing the increase of traffic and accidents. Mr. Montoya stated the sales patrons have parked in his parking lot as well as used it for thru traffic causing damage to his property. Mr. Montoya stated he did not believe the signage that Ms. Jones was proposing to use, exit and entrance only signs would stop the traffic issues. Mr. Montoya stated Ms. Jones' sales started on Belmount Drive and are an eye sore with ongoing issues for traffic issues for years. Planning and Zoning 7 May 8, 2019 Mr. Montoya stated he wasn't sure if it was an actual business or just a large ongoing garage sale on commercial property. Mr. Martin asked if there was anyone else that wished to speak. Mr. Bob Jones, father to Ms. Jones, 4620 Belmount Drive, stated he was in favor of sales and that Ms. Jones gives left over product to United Way. Mr. Ronald Moses, 4612 Belmount Drive, stated he was in favor of what Ms. Jones is doing. Ms. Dana Ricketts, 4618 Belmount Drive, stated she helps with garage sales and was in favor. Mr. Martin asked if there was anyone else that wished to speak, with no response Mr. Martin closed the discussion to the public and opened up to Commission members. Commissioner David Cook advised that it was not the Commission's job to determine if something was an "eye sore" or looked "junkie' but to adhere to rules and regulations set forth by the City when it comes to Planning/Zoning. Mr. Martin stated he was going to try and clarify the items Ms. Jones was not understanding. Mr. Martin asked Mr. Medellin to explain in more detail the lighting requirements. Mr. Medellin stated if lighting was provided and the city is not requiring it, that it is be directed away from any residential use and public streets. Mr. Martin stated the subject of parking stalls on an improved surface he asked exactly what Ms. Jones was questioning. Ms. Jones stated she wanted to have city staff meet on -site to lay out site plans for parking. Mr. Rick Branum stated she had misunderstood the step process. What Ms. Jones needs to do is have a site plan prepared first, if approved today, in order to then obtain permits which will come to the city for review. At that point, staff would be able to determine if a stormwater detention was needed and the parking stall layout. once the site plan is approved by city staff at that time could her contractor go out to begin work. Ms. Jones asked that Mr. Branum repeat those steps and put them in writing. Mr. Martin asked Mr. Bobby Teague to lay out the steps of the permitting process. Mr. Martin asked about the two on -site restrooms, what was needed. Mr. Medellin stated two unisex bathrooms; one of those being handicapped accessible is required. Ms. Jones asked if she could just have one handicapped. Mr. Martin stated no, two where needed. Ms. Jones stated for the capacity she was operating at it should only be one restroom. Mr. Cook stated regardless of what was being required what was being presented today was one handicapped accessible and one regular restroom to be voted on. Mr. Cook asked Mr. Medellin regarding traffic were the only solutions provided the entrance and exit only signs to which Mr. Medellin stated the only other solution would to have a police officer there if it were to come to that. Mr. Martin stated before he called for a vote he wanted to make everyone involved aware an approval was contingent upon staff recommendations being adhered to. Mr. Martin called for a vote. Motion passes with a vote of 8-1. 2. Case C 19-13 — 4 Smoke Rise Circle: 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: Marant Construction Mr. Henricks presented the case and stated Marant Construction was the contractor for the owners Gary and Alice Leavitt who submitted an application to Planning and Zoning 8 May 8, 2019 construct a 20 ft. X 22 ft. carport in the front setback at 4 Smoke Rise Circle. The subject property was located in the northwest side of Wichita Falls, north of Iowa Park Road and east of City View Elementary. The subject property was completely surrounded by Singe Family — 2 (SF-2) zoning districts. Mr. Henricks stated staff went to subject property for correct measurements to ensure conformity to city ordinances. The front setback will be 5 ft. and 3 ft. on the sides. Mr. Henricks stated 18 property owners were notified, of those 1 responded in favor, 2 in opposition with no responses for no opinion/undecided. Mr. Henricks states staff recommended approval of this condi-tional use for a carport at 4 Smoke Rise Circle subject to the following conditions: 1. Further site plan review by planning and building inspections at the time of permitting for construction to verify conformance with Sec. 4220 and all other applicable code and ordinances. Mr. Martin asked if the applicant was present and wished to speak, then asked if any others wished to speak, with no comments, Mr. Martin closed the comments to the public and opened comments to the Commission. No comments from the Commission, Mr. Martin called for a vote for the approval to construct a carport located at 4 Smoke Rise Circle. Motion passed unanimously. 3. Case C 19-14 — 4807 Fairway Boulevard Request for a conditional use to allow for outdoor storage in a General Commercial (GC) zoning district. Applicant: Robert Weaver Mr. Medellin presented the case and stated Mr. Robert Weaver owner of 4807 Fairway Boulevard owned and operated a lube shop north of the subject property. From that lube station he rents U-Haul trucks and trailers. In expanding his business Mr. Weaver was parking his trucks and trailers on the lot at 4807 Fairway Boulevard. Code enforcement contacted Mr. Weaver to advise he could not park vehicles on an un-improved surfaces. Mr. Weaver has submitted an application for a permit to allow for the outdoor storage of his rental vehicles. The subject property is south of Southwest Parkway and Fairway Boulevard intersection. The previous use was an outdoor sand volleyball pit. The storage yard will be the first 60 feet of the property, however he does have long term plans for the property and hoped to build storage facilities in the future. The storage yard would be phase I for the long term development of the site. Mr. Medellin stated typically outdoor storage is required to screen or completely enclose the storage area from right-of-way and/or adjacent lots. One exception is storage of operable trucks, trailers, and equipment of a rental business. The subject property is surrounded by General Commercial (GC) zoning districts. Mr. Medellin stated there were 10 property owners notified, 3 responded in favor, 0 in opposition and 0 with no opinion/undecided. Staff recommended approval of this Planning and Zoning 9 May 8, 2019 request to allow outdoor storage 4807 Fairway Boulevard in a General Commercial (GC) zoning district with the following conditions- 1. Outdoor storage yards shall be kept and maintained in such a manner that will not hinder or obstruct firefighting operations. Access to each area of storage shall be provided by means of a roadway and/ or aisles as required by the fire chief. 2. The outdoor storage yard immediately behind and perpendicular to the gates, to a distance of at least 30 feet, shall be kept clear of all storage materials. 3. Areas around or under outdoor storage materials or buildings shall be kept free and clear of accumulations of grass, weeds, brush or other uncultivated vegetation. 4. Outdoor storage must be on an improved surface, gravel shall be considered for the outdoor storage yard. 5. Lights provided to illuminate any parking facility or paved area shall be designed to reflect away from any residential use and/ or public street. 6. Obtain all necessary permits in accordance with city ordinances and the adopted building code provisions. 7. Staff will require improved surfaces of concrete or asphalt at any approved driveway, aprons and all points of ingress/ egress to extend 10 feet in all directions once crossing from right-of-way onto private property. 8. A method and material to contain the gravel on the site from encroaching onto right -of way or adjacent lots must be approved by staff. Mr. Martin asked if the applicant was present and wished to speak, then asked if any others wished to speak, with no comments, Mr. Martin closed the comments to the public and opened comments to the Commission. No comments from the Commission, Mr. Martin called for a vote for the approval of outdoor storage located at 4807 Fairway Boulevard. Motion passed unanimously. 4. Case C 19-15 — 113 S. Ki rkwell Circle: 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: John Ferguson Mr. Henricks presented the case and stated contractor, John Ferguson on behalf of the property owner, Mary Adams, was seeking approval to construct a 19 ft. X 21 ft. carport with setbacks of 4 ft. in the font and 3 ft. on the sides. The subject property was located in the southeast area of Wichita Falls off Bonnie Drive and east of Planning and Zoning 10 May 8, 2019 Henry Grace Freeway. Mr. Henricks stated there were multiple carports in the surrounding area with the example carport located next door at 111 S. Kirkwell Circle. The area surrounding the subject property was all Single Family — 2 (SF-2) Residential up to the freeway were it became Light Industrial (1-11). Staff notified 24 property owners, 5 responded in favor, 0 responded in opposition and 2 responded with no opinion/undecided. Mr. Henricks states staff recommended approval of this conditional use for a carport at 113 S. Kirkwell Circle subject to the following conditions: 1. Further site plan review by planning and building inspections at the time of permitting for construction to verify conformance with Sec. 4220 and all other applicable code and ordinances. Mr. Martin asked if the applicant was present and wished to speak, then asked if any others wished to speak, with no comments, Mr. Martin closed the comments to the public and opened comments to the Commission. No comments from the Commission, Mr. Martin called for a vote for the approval to construct a carport located at 113 S. Kirkwell Circle. Motion passed unanimously. 5. Case R 19-01 -- 2800, 2802 & 2804 Grant Street & 2700 Kell Boulevard: Request to rezone +/- 11.57 acres of land located at 2800, 2802 & 2804 Grant Street (Lot 1 & 2, Block 7, West Side Addition), 2700 Kell Boulevard (Lots 1,2,18 & 17 less ROW and 1-19, Block 21-A, Highland Addition), and abutting right-of-way from Limited Commercial (LC) to General Commercial (GC) to allow for the expansion of uses of commercial development along a major thoroughfare; and amending the Land Use Plan to change the area from Light Commercial and Low Density Residential to Commercial. a) Public Hearing b) Take Action Applicant: Lynn Shaw Mr. Martin called for any comments from the public and declared the public hearing open at 104 pm for request to rezone +/- 11.57 acres of land located at 2800, 2802 & 2804 Grant Street (Lot 1 & 2, Block 7, West Side Addition), 2700 Kell Boulevard (Lots 1,2,16 & 17 less ROW and 1-19, Block 21-A, Highland Addition), and abutting right-of-way from Limited Commercial (LC) to General Commercial (GC) to allow for the expansion of uses of commercial development along a major thoroughfare, and amending the Land Use Plan to change the area from Light Commercial and Low Density Residential to Commercial. Mr. Medellin presented the case and stated Mr. Shaw has owned the subject properties since the mid 90's and during his expansion acquired the three lots on Grant Street using those for outdoor storage for his rental equipment. After a complaint code enforcement contacted Mr. Shaw and advised the use of outdoor Planning and Zoning 11 May 8, 2019 storage was not allowed in that zoning district. Mr. Shaw spoke with staff and was advised to allow for this continued use he would need to obtain a rezone followed by a conditional use request. Mr. Medellin stated the rezone is not only beneficial to Mr. Shaw but to the city as well as an opportunity to amend some of the zoning district boundaries that have been in place since the 80's and with since Kell expanding to a full freeway it would allow for more accessible businesses. The subject property is west of Kemp Boulevard along Kell. Along this major thoroughfare through the city the uses along it have also changed over time from residential to mostly commercial. Working with Mr. Shaw staff felt this was an opportunity to make some needed changes along Kell Boulevard. With this rezone staff would like to amend the Land Use Plan to change the area from Light Commercial and Low Density Residential to Commercial which better reflects changes over the past two decades. Mr. Medellin stated a total of 46 properties were notified with staff receiving 4 responses in favor, 0 responses in opposition and 2 responses with no opinion/undecided. Staff recommend approval of the proposed rezoning request of +/- 1.14 acres at 28001 2802 & 2804 Grant Street & 2700 Kell Boulevard and the abutting +/- 10.43 acres of Kell Boulevard right-of-way to General Commercial (GC), and amending the Land Use Plan designation of Light Commercial and Low Density Residential to Commercial. Some key developmental items subject to consideration during the plan review will include: 1. A conditional use permit (C 19-16) must be considered and approved by Planning and Zoning Commission contingent upon rezoning approval by council to allow for outdoor storage. 2. Prior to issuance of a Certificate of Occupancy, and new development must submit plans for review, approval, and inspection prior to beginning operations. 3. Screening device (Zoning Ordinance -Section 4610) is required to form a barrier between other uses and adjacent residential zoned and single- family uses. The minimum screening requirement shall be a privacy fence (woad or masonry) along the alley perimeter (north property line) adjacent to single family property lines. 4. All outdoor lighting (Zoning Ordinance -Section 4650) must be directed away from the residential areas north, south and east of the property. 5. Any structures and commercial uses shall be setback (Zoning Ordinance — Section 4670) at least 30-feet from the property line when abutting a single-family or duplex residential use. 6. Parking sufficient to meet the needs of the development per the standards of Section 6200. Planning and Zoning 12 May 8, 2019 7. Landscaping shall be provided to meet the needs requirements of Section 6800. Mr. Martin asked if anyone wished to speak during the public hearing, with no comments Mr. Martin closed the hearing at 3.12 pm. Mr. Martin called for a vote to approve this case. Mr. Jack Browne made the motion and Ms. Krystal James seconded. Mr. Martin asked if the applicant was present and wished to comment on the case, Mr. Shaw was present, but declined to comment. Mr. Martin closed the discussion and opened to the Commission. Ms. Krystal James asked if higher traffic was expected on Grant Street as this is already a very busy street. Mr. Jeb Jones, owner of business, 3606 Jill Street, Tyler Texas, stated the lots on Grant Street are for overflow, extra equipment or employee parking so there would be no business conducted across the street on a regular basis. Mr. Martin asked if there was any further discussion, with none Mr. Martin called for a vote. Motion passed unanimously. 6. Case C 19-16 — 2800, 2802 & 2804 Grant Street & 2700 Kell Boulevard Request for a conditional use to allow outdoor storage in a petitioned for rezone General Commercial (GC) zoning district. Applicant: Lynn Shaw Mr. Medellin presented the case and stated Mr. Shaw along with a rezoning application filed out a conditional use application for outdoor storage. The subject property located at 2700 Kell Boulevard has been owned since the mid 90's by Mr. Shaw and has expanded to include the Grant Street locations as well. Mr. Shaw has site plans that show the Grant Street locations will only be used as overflow, extra equipment and employee parking. Mr. Medellin stated staff mailed notices to 26 property owners and received 4 responses in favor and no responses in opposite or no opinion/undecided. Mr. Medellin stated staff recommended approval of this request to allow outdoor storage at 2800, 28021 2804 Grant Street and 2700 Kell Boulevard in a petitioned rezone from Limited Commercial (LC) to General Commercial (GC) zoning district with the following conditions; 1. The property shall have a fence or other approved screening (6 ft. minimum) installed and maintained to obscure the view of the outdoor storage from any residential use or district. Owner to provide example of fence or screening material. 2. Outdoor storage yards shall be kept and maintained in such a manner that will not hinder or obstruct firefighting operations. Access to each area of storage shall be provided by means of a roadway and/ or aisles as required by the fire chief. 3. The outdoor storage yard immediately behind and perpendicular to the gates, to a distance of at least 30 feet, shall be kept clear of all storage materials. Planning and Zoning 13 May 8, 2019 4. Areas around or under outdoor storage materials or buildings shall be kept free and clear of accumulations of grass, weeds, brush or other uncultivated vegetation. 5. Outdoor storage must be on an improved surface, gravel shall be considered for the outdoor storage yard. 6. Lights provided to illuminate any parking facility or paved area shall be designed to reflect away from any residential use and/ or public street. 7. The use will be contingent upon the approval and execution of an ordinance by city council to rezone from Limited Commercial (LC) to General Commercial (GC), and may not use the property as outdoor storage until such time the rezone ordinance takes effect. 8. Obtain all necessary permits in accordance with city ordinances and the adopted building code provisions. 9. Staff will require improved surfaces of concrete at any approved driveway, aprons and all points of ingress/ egress to extend 10 feet in all directions once crossing from right-of-way onto private property. 10. A method and material to contain the gravel on the site from encroaching onto right -of way or adjacent lots must be approved by staff. Mr. Martin asked if the applicant was present and wished to speak, Mr. Shaw declined. Mr. Martin then asked if any others wished to speak, with no comments, Mr. Martin closed the comments to the public and opened comments to the Commission. Ms. Krystal James asked if the area would be screened. Mr. Jeb Jones stated he would screen the section adjacent to the residential neighbors but not all four sides unless required to. Mr. Martin called for a vote for the approval of outdoor storage located at 4807 Fairway Boulevard. Motion passed unanimously. 6. Case T 19-01 Text Amendment — Various Changes: Public hearing to consider an ordinance amending the Code of Ordinances, Appendix B: Zoning, regarding the following regulations: 1 ) Revisions and additions to definitions to maintain standards aligned with Federal and State standards and to create Planned Unit Development classification; 2; Creating minimum habitable dwelling densities and amending the submittal requirements of a Planned Unit Development; 3) Amending allowable structures projecting into the front and side yard exterior setbacks to allow for carport placement without a conditional use permit. a. Public Hearing b. Take Action Planning and Zoning 14 May 8, 2019 Exhibit A - Planning and Zoning Commission — May 2019 Minutes Excerpt Mr. Fabian Medellin stated staff had presented these changes last month to the Planning and Zoning Commission to get feedback, opinions and concerns on potential changes to ordinances. Staff proposed making these changes to provide efficient, timely services for residents that would like to build a carport and promote development friendly ordinances. After the discussion last month staff did remove a portion of the amendments pertaining to minimum standards for single family residential square footage requirements. This month staff would like to seek approval to move forward with amending ordinances that pertain to definitions in section 2000. Some definitions have changed on a federal level while adding some new terms that went along with Planned Unit Development (PUD) section 3000. Also staff wished to reduce processing time and commission time dedicated to carports by allowing an administrative review process. In section 2000 staff would like to modify a total of 8 terms. These terms have either been updated at the federal level that we wanted to mirror or terms that have caused confusion in the development process in the past as well as new terms for the Planned Unit Development (PUD) districts. Staff is proposing to create three distinct Planned Unit Development Districts (PUD) to further allow flexibility of development while protecting adjacent land development. Mr. Medellin stated the three districts [Planned Unit Development —Commercial Use (PUD-CU), Planned Unit Development —Mixed Use (PUD-MU) and Planned Unit Development —Residential (PUD-RU)] establish a guideline of which PUD is allowed based on the city's zoning ordinances and Land Use Plan. Additional terms (habitable space and base zoning) were included to express the intent of the interpretation of the proposed ordinance. To further promote PUD development, the minimum requirements have been lowered to 1.5 acres for residential and no minimum acreage for mixed use or commercial PUDs. The ordinance amendments require the developer to provide specific information needed to create and analyze a specialized PUD proposal to ensure logical development standards are incorporated. These submittal requirements provide a clear outline for what is expected of a developer (application details and site plan elements) for any proposed PUD project. Specific requirements will be outlined in a new PUD application rather than in the ordinance draft PUD application and submittal list were provided to the Planning and Zoning Commission. Mr. Medellin stated section 4220 is the section that allows carports to be constructed in the front and side setbacks. As it stands any carport to be built in those setbacks must have approval from the Commission. Staff would like for homeowners to have faster service by setting guidelines and giving staff the authority to administratively approve carports if they are behind the first 5 feet of -the property. Mr. Medellin stated staff is seeking a favorable recommendation to proceed in presenting these amendments to the City Council for consideration. Mr. Martin asked if there was anyone present that wished to speak during the hearing. Mr. Martin declared the public hearing closed at 3.32 pm. Mr. Martin asked for a motion to approve. Motion made by Ms. Krystal James, seconded by Mr. Jack Browne. Mr. Martin closed the public discussion and opened for Planning and Zoning 15 May 8, 2019 discussion by the Commission. Mr. Martin called for a vote. Motion passed unanimously. VII. ADJOURN The meeting adjourned at 3:33 p.m. Rodney Martin, Chairperson ATTEST: Ka(ren'Mo6tgomery-G gne, Crept(f Com % Date i q0 y Development Date