Planning and Zoning Commission Minutes - 04/12/2000MINUTES
PLANNING & ZONING COMMISSION
April 12, 2000
PRESENT:
David Rhone, Chairman Members
Cliff Berg •
Jim Bradberry •
Bruce Harris •
Lou Ann Phillips •
Danny Richardson •
Rusty Sons •
Ken Birck •
Johnny Burns • Council Liaison
David A. Clark, Director of Community Development • staff
Steve Seese, City Planning Administrator •
Paul Stillson, Planner II •
ABSENT:
Lin Purtle •
Randy Wachsman •
Greg Wright •
I. CALL TO ORDER
The meeting was called to order by Chairman Rhone at 2:00 p.m.
II. PUBLIC COMMENTS
Mr. Jon Moller, 1528 1 th Street, requested a planning meeting and also stated that he
wished to "mend fences" with the City officials in charge of the Planning & Zoning, the
Land Use Plan and the Thoroughfare Plan. He stated that he appeared before this
Commission eighteen months prior to discuss exchanging rights -of -way. He then
commented that citizens were not being notified about changes i "their social and
economic livelihoods." He mentioned the planning meeting he is requesting would
coordinate his specific plan for large areas of the City with the Thoroughfare Plan and
the Land Use Plana He stated that citizens are not being asked to agree to
developments referring to the City's City'lack of notification. He requested a response from
4 ZONING COMMISSION
the Chairman regarding how these matters should be considered and when a
discussion could take place. Chairman Rhone stated that this Commission is
comprised of volunteers that are committed and concerned about the socio-economic
status and development of the City. He suggested that he could meet with Mr. M61l r
after the meeting to talk about his concerns.
III. MINUTES
IV. CONSENT AGENDA
1. Preliminary Plat
a. Sikes Estates - moved to Regular Agenda
2. Final Plats
a. Flying J
Travel Plaza Addition, Block 1 (April 2000)
1.
Provide utility slips.
2.
Show dimension of Lots 1, 2 & 4 along Central Freeway.
3.
Show dimension of Lot 1 along California Street.
4.
Show right-of-way width of Central Freeway East and label
"previously dedicated,"
S.
Provide water and sewer for Lot 2. (
6.
Provide sewer service for Lots 3 & 4.
7.
Meet curb and gutter requirements.
8.
Provide stormwater detention. (PW)
9.
Provide drainage improvements for abandonment of drainage
easement. (P
10.
Relocate 6-inch water line located in 0-foot easement proposed to
be abandoned.(
11.
Any TXU easement to be abandoned will require written request
from property owner prior to removal of existing facilities and
abandonment of easement. Any removal or relocation of facilities
will be at customer's expense. (TXU)
c. Wichita Oil Co. Subdivision, Block 1, Lots 1 & 2 (April 2000)
1. Provide utility slips.
2. Prohibit access in free right turn lane. (Traffic)
3. Lots are served by water and sewer.
4. Meet detention ordinance requirements.
S. Provide additional easements as required and obtain release o
existing TXU easements.
ZONINGPLANNING & •' • ; APRIL 12,2000
Note: This lot fronts on a state highway. Coordinate any planned
curb cuts with the Texas Department of Transportation.
d. Sikes Estates — moved to Regular Agenda
There was a motion and second to approve the Consent Agenda with items 1. .,
and 2.. deleted. The Commission unanimously approved the Consent Agenda.
V. REGULAR AGENDA
1. Preliminary Plat - Sikes Estates, Unit 1, Section G, Block 1, Lots 31-36 (April
2000)
a. Show location map.
b. Label 30-ft. easement along north line of subdivision: "previousl
dedicated."
C. Remove reference to "flo " according to latest floodplain map.
d. Extend water to serve all lots (
f. Extend sewer to serve all lots. (
g. Provide drainage improvements.
h. Meet curb and gutter requirements. (P
Mr. Richardson made a motion to approve this plat. Mr. Berg seconded.
Mr. Seese stated that there is a blanket easement on this entire property that will need
to be rectified. Staff is requesting the addition of another condition:
i. Work with the City regarding the blanket easement and define new
easements.
Mr. Robert Seabury, applicant, asked for approval of this plat subject to the release of
the blanket easement.
There was a motion and second to add item i. to the conditions. The motion passed
with a unanimous vote in favor.
2. Final Plat - Nob Hill, Phase Two, Block 1, Lots 4-9 (April 2000)
a. Residents on these lots shall take access from the -. access
easement, not direct access from Missile Road.
b. Lots are served by sewer and water. (
ZONINGPLANNING & • •R APRIL 12,201J
C. Show 40-foot access easement as "private" and remove "herein
dedicated." (PW)
There was a motion and a second to approve this plat.
Mr. Seese stated that a subdivision cannot have driveways that would egress onto an
arterial street, which Lots 4-9 currently do. The applicant is proposing a private drive
that would eliminate ingress and egress onto Missile Road but a waiver from City
Council would be required because this is not a public street. An additional condition
should be added to remedy this situation:
d. A waiver is required from City Council concerning fronting residential lots on
arterial streets.
Mr. Robert Seabury, applicant, stated there are several similar situations around the
City. This private street will also allow guest parking for those residences.
There was a motion to amend the conditions by adding item d. The motion was
approved unanimously.
The original motion was passed with a unanimous vote in favor.
3. Final Plat - Sikes Estates, Unit 1, Section G, Block 1, Lots 31-36. (April
2000)
a. Remove reference to "floodway" according to latest floodplain map.
b. Provide utility slips.
C. Replace "president" with "chairman" in P & Z acknowledgement.
d. Label 30-ft. easement along north line of subdivision: "previously
dedicated."
C. Extend water to serve all lots (PW)
d. Extend sewer to serve all lots. (PW)
e. Provide drainage improvements. (PW)
f. Meet curb and gutter requirements. (PW)
g. Work with the City regarding the blanket easement and define new
easements.
A motion was made and seconded to approve this plat. The motion passed with a
unanimous vote in favor.
4. Street Name Change Request
Rename A Dedicated Street from Bartley Drive to Stone Lake Drive.
Approve Naming A Private Street Bartley Drive.
PLANNING & ZONING COMMISSION APRIL 12,2000
Rename Bartley Drive To Stone Lake Drive
The Planning Department received a request to rename Bartley Drive to Stone Lake
Drive. The Code of Ordinances Section 27-55 (b) requires Planning Commission
approval of any street name change. The section reads in part as follows:
"Names of existing streets... shall not be changed... without the approval of the planning
board."
Established procedures for the changing of a street name are as follows:
1. A $500 processing fee is required,
2. Affected City Departments (including Fire and Police) and utility providers are
notified and given a chance to note objections.
3. Abutting property owners whose addresses would be changed are notified.
4. A public hearing is held by P & Z and a recommendation is made.
5. An ordinance presented to the City Council for approval.
The applicants represent Stone Lake Estates, a planned 400-home development to be
built south of Bartley Drive, part of a mixed -use development. The development will
extend Bartley Drive 3650 feet south to Rathgetber Road. When complete, it will be the
collector street for the subdivision. Renaming Bartley Drive to Stone Lake Drive will
identify the street with the subdivision it will serve. This proposed change has been
coordinated with the YMCA, currently the only property using a Bartley Drive address.
The YMCA has agreed to the name change, but wants to continue with a Bartley Drive
address. To accomplish this, the YMCA is designating the access drive on their
property as Bartley Drive, a private street.
The original plat for the YMCA property was signed by the City and Midwestern State
University, as property owners, in 1981. On that plat, the City dedicated a 150 x 418 ft.
section of Weeks Park as right-of-way for Bartley Drive. That section provided the
YMCA lot access to Southwest Parkway
Staff has no objection to this street name and finds no conflict with existing street
names, and recommends approval of this request.
Approve Private Street Named Bartley Drive
Along with this name change a new private street named "Bartley Drive" is proposed.
As discussed above, the proposal would allow the YMCA to retain its Bartley Drive
address. Private street names must be approved by the Planning and Zoning
Commission. The Code of Ordinances Section 27-55 (b) reads as'follows:
"The naming of private streets or drives is prohibited, unless such names are approved
by the planning board. Names of private streets and driveways may be recognized and
PLANNING & ZONING COMMISSION APRIL 12,2000
approved by the planning board if such names do not conflict with names of other public
or private streets within the city."
The approval of a private street name must be approved by the Planning and Zoning
Commission, but City Council action is not required.
Staff has no objection to this street name and finds no conflict with existing street
names, and recommends approval of this request.
A motion and a second were made to approve the request to rename Bartley Drive to
Stone Lake Drive and approve a private street named Bartley Drive.
Mr. Bill McGregor, applicant, was present and available to answer any questions the
Commission might have.
The motion was passed with a unanimous vote in favor.
5. Rezone from MFR to GC(c)
1700 State Highway 79
Case R 00-04
Applicant ...................................... Joe Best III
Requested Action ........................ Rezoning
Purpose ....................................... Rezone from MFR to GC(c)
Property ....................................... 1700 State Highway 79, 0.86 acres, Block 5, Highland
Village Subdivision
Existing Land Use ........................ Vacant, zoned Multifamily Residential
Surrounding Land Use & Zoning. N: Country Park Apts., MFR
S: Tealwood Apts., GC
E: Vacant, GC
W: Country Park Apts., MFR
Analysis:
This property is located at the northwest corner of State Highway 79 and Professional
Drive. The applicant is requesting rezoning from Multifamily Residential to General
Commercial Conditioned Zoning.
1. Changed conditions: Staff analyzed the rezoning to identify conditions that
have changed in the district or may have changed outside the district that directly or
indirectly affect land use adjacency. Since the original zoning of this property to
Multifamily, the major development in this area has been the construction of Tealwood
Apartments across the street, leaving the tract in question as a smaller site, probably
not suited for multifamily development.
PLANNING & ZONING COMMISSION APRIL 12,2000
2. Relationship to the Comprehensive Plan: Staff considered the effects of
NO the land uses allowed under that proposed zoning district relative to conformance with
the City's Comprehensive Plan. The Plan currently designates this land High Density
Residential. A change to General Commercial conditioned zoning will require an
amendment to the Land Use Plan.
The applicant does not have a specific use identified for this location. Since
compatibility with surrounding uses is a concern, he has proposed a conditioned zoning
district in which many uses have been moved from the Permitted use to the Conditional
Use category. This will give the Planning and Zoning Commission an opportunity to
solicit neighborhood comment and review proposed plans for off -site impacts should the
property owner later decide to propose those uses. A copy of the applicant's proposed
district is included with this report. Uses underlined in the Conditional Use category
were those formerly under the Permitted Use category.
3. The nature and degree of impact upon neighboring lands: The property
has limited use as a multifamily site because of its limited size. The property is
surrounded by apartment complexes on the north and south sides. The limited nature
of the uses in the proposed zoning district should reduce the possibility for negative off -
site impacts.
Recommendation:
Staff recommends approval of this rezoning.
The following conditions in this GC(c) were removed from Permitted Uses and will be
considered Conditional Uses:
Art Gallery/Museum
Automotive Service Station
Bed & Breakfast Inn
Boat Sales and Service
Club
Exterminating Services
Funeral Home
Hospital
Hotel
Motel
Movie Theater
Oil Drilling, subject to Code of
Ord. Chap. 21
Self Storage Facilities/Mini-Ware-
house
Veterinary Services
A motion was made and seconded to recommend approval of this rezoning case to City
Council.
Seven surrounding property owners were notified of this request. Two (2) or 28.570/c
replied in favor and none (0) were opposed.
Mr. Bill McGregor, applicant, stated the property is too small for a multifamily project but
with a zoning change it would be more compatible with the surrounding uses.
The motion was approved with a unanimous vote in favor.
PLANNING & ZONING COMMISSION APRIL 12,2000
6. Request for Manufactured Home
125 Cartwright Road
Case C 00-15
Applicant ..............................µ....... Mr. & Mrs. James T. Keel
Requested Action ........................ Conditional Use Permit
Purpose ...............,.w...................... Manufactured Home
Property ....................................... 125 Cartwright Road, Lot 1, Block
Existing Land Use ........................ Vacant Lot
Surrounding Land Use & Zoning- N; Vacant, SFA
Vacant, -1
Cellular Tower, Water Tower, -1
Residence, -1
Analysis:
The applicant is requesting a Conditional Use Permit for a manufactured home on this
lot at the northeast corner of Cartwright Road and Reilly Road. The lot formerly had a
mobile home on i. Tax records show that the home was removed sometime in 1998,
being gone by the 1999 tax role. At their March meeting the Planning and Zoning
Commission approved a manufactured home south of here at 184 Cartwright Ro
The subdivision along Cartwright Road consists of vacant lots, 22 residences, four
single wide mobile homes and two manufactured homes. Staff feels that a
manufactured home is compatible with the surrounding neighborhood recommends
approval of this request.
Developmental Requirements;
1 m Storm water detention requirements shall be as determined by the Director o
Public Works.
Conditions:
Approval of the Conditional Use Permit includes the following conditions:
1. The housing unit is installed on a permanent foundation.
2. Brick underskirting shall be installed.
3. The manufactured home is new and not less than 22 feet wide.
4. The housing unit front on a public street.
Nine surrounding property owners were notified of this request. None () replied in
favor and one or 11®11 % was opposed.
Mr. Harris made a motion to approve this case with conditions; Ms. Phillips seconded it.
Mr. James Keel, applicant, was available for questioning.
PLANNING & ZONING• • 000
Mr. Berg stated that precedence has been set on Cartwright Road to allow
manufactured homes.
The motion was passed with a unanimous vote in favor.
7. Carport
2933 McGaha
Case C 00-16
Thirty-seven surrounding property owners were notified of this request. Eleven (111) or
29.73% replied in favor and none (0) were opposed.
Mr. Berg made a motion to approve this carport request. Mr. Sons seconded the
motion.
Mr. Seese stated that there is a paved alley in the rear of this property; however, a
detached garage also exists in the rear.
The applicant, Ms. Beulah Edwards, was available for questioning.
The carport passed with a unanimous vote in favor.
8. Communications Tower
1628 Pearlie Drive
Case C 00-17
Applicant ...... ................... _._ ....... Tim Riley/Southwest PCs
Requested Action .................. Conditional Use Permit
Purpose... .... _ ... ...... _ .. _ ......... . Communications Tower
Property ........... ............................... 1628 Pearlie Drive, Lot 55A Less E 140' Block 1
Replat, Sandra Gail 2
Existing Land Use .......................... Mini -warehouses, GC
Surrounding Land Use & Zoning. N- Vacant, GC
S: Vacant, Apartment Complex, GC & MFR
E: Commercial uses, GC
W: Residences, SF-2
Analysis:
The applicants are requesting a Conditional Use permit to construct a permanent 60-
foot communications tower. The tower will be located on the northeast portion of a lot
containing several mini -warehouses. An amendment to the General Commercial zoning
district, adopted January 4, this year added language requiring a Conditional Use
Permit for communication towers. On February 29, 2000 the applicant received a
building permit to locate a temporary tower on this site. This permit should not have
been issued without a Conditional Use permit. A temporary tower was then moved onto
PLANNING & ZONING COMMISSION APRIL 12,2000
this property. The applicants are now applying to replace the temporary tower with a
permanent tower on this site.
Staff received a complaint concerning the tower from an adjacent neighbor. The
applicants' site plan shows that the tower will be setback about 300 feet from the
nearest residential property line and about 200 feet from the property line of the
apartment complex.
Developmental Requirements:
1. The applicant's tower shall conform to any height limitations required by
Sheppard AFB or the Federal Aviation Authority.
Recommendation:
Staff recommends approval of this request.
Nine surrounding property owners were notified of this request. One (1) or 11. 11 %
replied in favor and four (4) or 44.44% were opposed.
Mr. Sons made a motion to approve this request. Mr. Birck seconded the motion.
Mr. Tim Riley, applicant, presented the Commission with an aeronautical study from
Sheppard Air Force Base with the FAA determination. He stated the tower would be 60
feet tall; however, approval was granted for 150 feet. He also stated that he has spoken
with Mr. Bruce Landy then addressed some of his concerns, such as aesthetics,
insurance, cellular phone transmission, electro-magnetic waves, etc.
Citizens speaking in opposition to the tower were:
Mr. Peter Zolnerowich, 2 Jeffrey Circle;
Mr. Wilber Bell, 1 Jeffrey Circle; and
Mr. Bruce Landy, 1701 Pearlie Drive
Their concerns included some of the same objections as Mr. Landy but also included
the height of the tower, health concerns, possible interference with home electronics,
effect on hearing aids and pacemakers, and resale potential of the surrounding houses.
Ms. Renee Weens, 2001 Arthur Street, addressed some of the concerns by stating that
the area would be maintained continually. She explained that the it Force has
requested that they provide continual service to the military personnel that have no
other means of communication with their families other than cellular phones.
There was discussion regarding about other locations for the tower. Mr. Riley explained
that it must be located within a % mile perimeter on a site approved by his Radio
Frequency Engineer; this property was within those parameters. There was a lengthy
discussion regarding using water towers as sites but that option is not available in this
city.
MIA921111abwww
Mr. Riley addressed the hearing aid/pacemaker concern by stating that the tower
transmits at a frequency of 1.9 mHz at 100 wafts. It does not effect electronics to the
degree that radio and television stations do.
Mr. Carl Daniel, 1607 Pearlie Drive, spoke in defense of his surrounding properties by
stating he was in the process of cleaning those lots.
Mr. Rich McLaughlin, Sheppard Shopping Center owner, stated he was in favor of
locating the tower on Pearlie. 11
Ms. Phillips asked if another condition could be added to limit the height requirement of
the tower to 60'. Mr. Harris reminded the Commission that FAA had approved a height
of 150'which may be less intrusive than 60'.
Mr. Birck made a motion to table this request until the May meeting., There was a
second. The motion failed with a vote of one in favor and seven opposed.
Ms. Phillips made a motion to add a developmental requirement:
2. The tower be no greater that 100' in height.
The motion was seconded and passed with a unanimous vote in favor.
The vote on the original motion to approve the tower was seven in favor and one
opposed.
V1. OTHER BUSINESS
1. Amendments to the City Thoroughfare Plan
A motion was made to approve the Thoroughfare Plan; it was seconded.
Mr. Seese gave a presentation explaining the four changes to the Thoroughfare Plan.
Mr. Clark commented that the Hampstead/Terry connection could be an easy way to
provide a cross town connection with little expense. Mr. Seese stated he is asking for a
recommendation to City Council from P&Z.
Mr. Moller commented 'on the Thoroughfare Plan stating that it should coordinate with
his land development plan that the Commission has agreed to address at their May
meeting. P&Z tabled their recommendation in order to review the plan.
Mr. Harris made a motion to approve the Bartley Drive changes to the Thoroughfare
Plan and tabling the other three changes until the discussion at the May P&Z meeting.
It was seconded. The motion passed with a vote of six in favor and two opposed.
PLANNING & ZONING COMMISS16N W . ...... APRIL 12, 2000
m
2. City Council Update
a. Rezoning of 1913 & 1911 Midwestern Parkway
b. rezoning of Faith village Properties
Mr. Clark stated that the rezonings were approved by City Council.
3. Discussion of Items of Concern to Members of the P&Z Commission m none
4. Staff/Commission Discussion
Mr. Clark stated there was a workshop scheduled after this P&Z meeting. The
Commission decided to delay that meeting.
VII. ADJOURN
The meeting adjourned at 4:55 p.m.
David Rhone, Chairman
Date
Steve Seese, City Planning Administrator Date
PLANNING ZONING COMMISSION APRIL 12,2000