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Planning and Zoning Commission Minutes - 07/12/2000MINUTES PLANNING & ZONING COMMISSION July 12, 2000 PRESENT: David Rhone, Chairman • Members Lou Ann Phillips • Lin Purtle • Danny Richardson • Rusty Sons • Greg Wright • Randy Wachsman • Ken Birck • J. C. Bradberry • Johnny Burns * Council Liaison David A. Clark, Director of Community Development * Staff Steve Seese, City Planning Administrator • Paul Stillson, Planner 11 • Diane Parker • ABSENT: Cliff Berg • Members Bruce Harris • I. CALL TO ORDER The meeting was called to order by Chairman Rhone at 2:00 p.m. II. PUBLIC COMMENTS No one from the audience wished to address the Commission. Ill. APPROVAL OF MINUTES Mr. Sons made a motion to approve the June 14, 2000 minutes. Mr. Wright seconded the motion. The minutes were approved with a unanimous vote in favor. PLANNING & ZONING COMMISSION JULY 12, 2000 # PAGE 1 IV. CONSENT AGENDA 1. Public Hearing on Preliminary Plats The • & Zoning • recommended approval of the following • subject to the Standard Conditions of Approval for Preliminary Plats and any specific conditions listed below: Standard Conditions of Approval for Preliminary Plats • Provide utility and drainage easements as required by utility companies and the Director of Public Works. • Submit water and sewer to the Utilities Engineer; water plans to the Fire Marshall and street, sidewalk and drainage plans to the Director of Public Works. Drainage plans must be complete enough to include impact on surrounding property and include detention facilities as required by Director of Public Works. • Coordinate street lighting plan and provide utility easements as required by the Director of Traffic and Transportation., • two (2) copies of corrected preliminary plat to Planning Division before final platting. Note: Approval of a • ••- not • development • ••- in violation • the • • Recommend approval subject to standard conditions and any • conditions listed below: 1. B.F.S.I. Addition, Preliminary (July'00) a. Verify location of the west line of survey A-334 in Saramy Street. Previous plats of Saramy Subdivision and N-M Subdivision show a different survey line location and depict the right-of-way configuration and width differently. Verify street dedication and width along this street. Show additional street dedication if necessary to achieve a 60-foot right-of-way along the area covered in this plat. b. Label 25-foot building limit line along 1-44. c. Extend sewer to serve Lot 1 and Lot 2. (PUBLIC WORKS) d. Lots are served by water. (PUBLIC WORKS) e. Meet curb and gutter requirements on Airport and Saramy. (PUBLIC WORKS) f. Meet stormwater detention requirements. (PUBLIC WORKS) g. Where the 5' utility easement has been dedicated, please make it a 10' easement. (TXU) PLANNING & ZONING COMMISSION JULY 12,2000 • PAGE 2 2. Landrum & Henderson Subd., Preliminary Section 6, Lots 32-45 (July'00) a. Show 25 foot building limit line along the East side of Lot 44 adjacent to Sey- mour Highway. b. Provide utility slips. c. Place statement on plat that the canal easement shall not be fenced. d. Show dimensions of all sides of each lot. e. Additional easements required. (TXU) f. Lots must be served by an approved sewerage system. (PUBLIC WORKS) g. Extend water to serve Lot 45. (PUBLIC WORKS) h. Meet stormwater detention ordinance. (PUBLIC WORKS) i. Meet curb and gutter requirements. (PUBLIC WORKS) j. Lots are required to have have City sewer services if they are not at least 1/2 to one acre each. (HEALTH) 2. Public Hearing on Final Plats The Planning & Zoning commission recommended approval • the following •; subject to the Standard Conditions •i Approval for Final Plats and Replats and a •- conditions listed below: I Recommend approval subject to standard conditions and any specific conditions listed •,elow: • Provide utility easements as required by utility companies and Director of Public Utilities and drainage easements as required by Director of Public Works. • Submit water and sewer plans to Utilities Engineer; water plans to the Fire Marshall; and street, sidewalk and drainage plans to the Director of Public Works. Drainage plans must be complete enough to include impact on surrounding property and include detention facilities as required by Director of Public Works. Coordinate street lighting plan with Director of Traffic and Transportation, if underground electric utilities are to be provided. Note: Approval of a plat does not imply development of property in violation of the Zoning Ordinance. 1 B.F.S.I. Addition, Lot 1, Block 1 (June '00) a. Provide utility slips. b. Note that approaches along state highways are subject to State and City approval. c. Provide corrected preliminary plat. d. If authorized agent or representative for the owner signs the plat, give agent's title or position. PLANNING & ZONING COMMISSION JULY 12,2000 • PAGE 3 e. Extendl sanitary sewer to serve lot. (PUBLIC WORKS) f. Meet curb and gutter requirements for Airport Drive. (PUBLIC WORKS) g. Comply with stormwater detention ordinance. (PUBLIC WORKS) h. Change 5' utility easement to 2. Gage Addition, Lot 8, Block A (July '00) a. Provide utility slips. b. Meet curb and gutter requirements on FM 1634 (Barnett Road) and US 277 (Seymour Highway). (PUBLIC WORKS) c. Comply with stormwater detention ordinance. (PUBLIC WORKS) 3. Landrum Henderson Subdivision, Section 6, Lots 32-45 (July'00) a. Show 25 foot building limit line along the East Side of Lot 44 adjacent to Sey- mour Highway. b. Provide utility slips. c. Place statement on plat that the canal easement shall not be fenced. d. Show dimensions of all sides of each lot. e. Additional easements required. (TXU) f. Lots must be served by an approved sewerage system. (PUBLIC WORKS) g. Extend water to serve Lot 45. (PUBLIC WORKS) h. Meet stormwater detention ordinance. (PUBLIC WORKS) 1. Meet curb and gutter requirements. (PUBLIC WORKS) Place note on plat stating that "Rear corners were not found or set because they fall in the irrigation canal." Verify actual property line locations. Check with Wichita Water Improvement District. Submitted documents show that the District may own some portions of the canal in fee simple title. k. Provide corrected preliminary plat. Ms. Phillips made a motion to approve the Consent Agenda. Mr. Richardson seconded the motion. The Consent Agenda was approved with a unanimous vote in favor. V. REGULAR AGENDA Chairman Rhone stated that the rezoning case at 5816 Southwest Parkway had been withdrawn by the applicant. 1. Carport 401 East Rogers Case C 00-26 `•• ............................... ......... Virgil '•• Requested Action ........... .............. Conditional Use Permit i-t Frifirt Setba& PLANNING & ZONING COMMISSION JULY 12, 2000 • PAGE 4 P rope rty .............................. 401 East Rogers, Lot 12, Block 1, Rivera Parkway Addition Existing Land Use ........................ Residence Carport size .................................23 x 20 ft. Distance to side property line...,.... 0 ft. Distance to front property line ...... 5 ft. All-weather alley access .............. None Space on side for a carport............ No Other carports in area ..................There are no properties within 200 feet that have a carport within the front 25-foot setback area. The carport at 409 Rogers is in the exterior side setback. FirroTri-r0=4 0 um 71M I Frfro7o=* . moro 0 4 1 $ - - 6 - I Mr. Sons made a motion to approve this carport request. Mr. Richardson seconded the motion. Sixteen property owners were notified of this request. Three (3) responses were received in favor of this request and three (3) were opposed. Mr. Virgil Robinson, applicant, explained he wanted a carport for protections against the weather. When asked if he had a garage, he explained that it was a one -car garage. Ms. Purtle asked if the garage was constructed for two cars; Mr. Robinson stated only one vehicle would fit even though there is a double door because the washer and dryer occupy the adjacent space. The vote was two (2) in favor and six (6) opposed. The carport was denied. Chairman Rhone stated that the applicant could appeal this decision to City Council. 2. Carport 1403 Ruidosa Case C 00-27 Applicant ...................................... L. A. Zachary Requested Action ........................ Conditional Use Permit Purpose............ .................... ...... Carport in Front Setback Property .......... ........................ ...... _ 1403 Ruidosa, Lot 10, Block 31, Sunset Terrace 3 Existing Land Residence Carport size ................................. 20 x 20 ft. Distance to side property line....... 5.3 ft. Distance to front property line ...... - 5 ft. All-weather alley access .............. None Space on side for a carport.......... No PLANNING & ZONING COMMISSION JULY 12,2000 * PAGE 5 Other carports in area .... .m............There are two properties within 200 feet that have a carport within the 25 foot setback area. motion.Ms. Phillips made a motion to approve this carport request. Mr. Sons seconded the Twenty surrounding property owners were notified of this request. Eight () replied i favor and none (0) were opposed. The carport passed with a unanimous vote in favor. 3. Carport 1501 Covington Case C 00-28 Applicant.. .............................. w......... Ernest 0. Werline Requested Action ....................... Conditional Use Permit Purpose ....................................... Carport in Front Setback Property .......................................1501 Covington, Lot 7, Block. 29, Sunset Terrace Existing Land Use ........................ Residence Carport size .................................. 20' x 20 ft. Distance to side property line....... Over 5 ft. Distance to front property line ......1 ft. All-weather alley access .............. No Space on side for a carport............ No Other carports in area..................There is one property within 200 feet that has a carport within the 25 foot setback area. Twenty-nine surrounding property owners were notified of this carport request. Eight () or 27. % replied in favor and none (0) were opposed. Mr. Bradberry made a motion to approve this carport. Ms. Phillips seconded the motion. The carport passed with a unanimous in favor. 4. Carport 4657 Bunny Run Case C 00-29 PLANNING & ZONING COMMISSION JULY 12, 2000 • PAGE 6 Requested Action ........................ Conditional Use Permit Purpose ....................................... Carport in Front Setback Property..,,.®.................................4657 Bunny Run, Lot 6, Block 9, University Park Existing Land Use ........................ Residence Carport size ................................. 20'x 25 ft. Distance to side property line....... Over 10 ft. Distance to front property line ...... 16 ft. minimum All-weather alley access .............. There is a paved alley. In cases such as this, the Commission must find that rear access to the property is not "reasonably possible." Space on side for a carport...,...... No Other carports in area .................. There are no properties within 200 feet that have a carport within the 25-foot setback area. Note to applica►at: If approved, a building permit will be required. Mr. Bradberry made a motion to approve this carport with Ms. Purtle seconding the motion. Twenty-seven surrounding property owners were notified of this request. Eleven (11) or 40.7% replied in favor and none (0) were opposed. Mr. Seese stated that there is a paved alley at this location and this Commission will determine if access to the rear of the property from the alley is possible. The applicant, Mr. Scott Vaughn, explained the construction of the carport and that there were obstacles, such as a tree and storage shed, preventing it from being built in the back. Mr. Birck stated it appeared there was access to the property from the alley; Ms. Phillips agreed. The vote was five (5) in favor, two (2) opposed, and one (1) abstained. VI. OTHER BUSINESS 1. Discussion of Request to Rezone Certain Properties Along Norman Street. Mr. Jack Bock, a resident at 1524 Norman, spoke to the Commission concerning the property at 1502 Norman. The building on this lot recently housed an "adult arcade." While there was no sexually -oriented content, there were coin operated gambling machines. The District Attorney's office recently ruled that the gambling machines were illegal and the business closed. Mr. Bock requested that the Commission consider rezoning this property and the one to the west of it from General Commercial to Limited PLANNING & ZONING COMMISSION JULY 12,2000 • PAGE 7 Commercial. The purpose of the rezoning be to would prevent other such business from operating there. Staff classifies coin -operated arcades as "indoor entertainment." They are permitted uses in a General Commercial zone but not allowed in a Limited Commercial district. Staff shares Mr. Bock's concern about gambling machines and the impacts of such an arcade. It is the opinion of our Legal Department that the Commission has the authority to initiate the rezoning of a property without the consent of the property owner, as was Mr. Bock's request. The two properties under consideration have been zoned General Commercial since zoning was established in 1985. They were both originally developed for use as convenience stores. Zoning regulations imply that the uses permitted in a district are lawful activities. Zoning districts are not effective in, nor are they designed to, regulate illegal criminal activities. In the past, staff has received complaints from citizens that illegal drug sales in their neighborhoods were retail sales and therefore zoning violations. Such cases are better pursued by law enforcement agencies. If the P & Z feels that neighborhoods need increased protection from possibilities under "Indoor Entertainment," even in a General Commercial zoning district, then the ordinance should be amended to require a Conditional Use Permit for such a use. Reflecting on the zoning map, there are numerous situations in the City where General Commercial zoning abuts residential uses or districts. Because these machines have been judged illegal, staff feels that this operation cannot return to these sites regardless of the zoning. Mr. Bock gave a brief presentation explaining the situation that occurred on Norman Street and the procedures that had to be taken to move the adult arcade from that location. Mr. Seese stated this use is classified as indoor sports and recreation. He further commented that it is a matter of interpretation whether these machines are gambling devices. If considered gambling, then the District Attorney's office can become involved. Mr. Seese mentioned that, since the zoning is General Commercial, there is nothing to prevent the adult arcade from moving back into that location. He suggested rezoning that area to Limited Commercial and addressing the use, indoor sports and recreation, by changing it to a conditional use. Mr., Seese then stated the is was for discussion only today but could be voted on at the next meeting. Mr. Bock stated that if a rezoning were to be considered, he would suggest the two buildings past the convenience store be Limited Commercial which would leave the convenience store, fronting on Jacksboro Highway, as General Commercial. PLANNING & ZONING COMMISSION JULY 12,2000 # PAGE 8 Mr. Birck stated, since he did not think the zoning should be changed, the use should be gbramended. Ms. Phillips commented that she recommends changing the use to conditional and rezoning to Limited Commercial after hearing from more of the neighbors. Mr. Sons stated he lives in the same neighborhood as Mr. Bock and would support the moves to prevent this situation from occurring again. Mr. Seese stated that he will prepare an agenda item for the next meeting. 2. City Council Update Mr. Clark stated that the rezoning at 2603 and 2605 Ninth at Kemp passed. The other rezoning from RDD to GC at 600-12 Burnett Street was approved. Council suggested the RDD boundaries should be reviewed by the P&Z Commission. The mobile home ordinance was also approved. 3. Discussion of Items of Concern to Members of the P&Z Commission Mr. Birck asked if a vote could be recalled on a previous item. Mr. Seese stated it would be at the Chairman's discretion. Mr. Birck stated that he was not prepared to comment on the carport on Rogers at the time it was discussed. He explained that there are several carports in the vicinity. Chairman Rhone suggested the applicant appeal the decision to City Council. Chairman Rhone asked the Commission if any members wanted to vote again on that carport. There was no response and the item was not voted on. VII. ADJOURN The meeting was adjourned at :12 p.m. 0 David Rhone, Chairman Date gAdministrator Date�� "� PLANNING & ZONING COMMISSION JULY 1, 2000 • PAGE 9