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Planning and Zoning Commission Minutes - 08/09/2000MINUTES PLANNING & ZONING COMMISSION August 9,2000 PRESENT: David Rhone, Chairman • Members Cliff Berg • Ken Birck • Bruce Harris • Lin Purtle • Rusty Sons • Randy Wachsman • Johnny Burns • Council Liaison Steve ese, City Planning Administrator • Staff Paul Stillson, Planner 11 • Diane Parker • ABSENT: Lou Ann Phillips • Members Danny Richardson • Greg Wright • I. CALL TO ORDER The meeting was called to order by Chairman Rhone at 2:00 p.m. 11. APPROVAL OF MINUTES Mr. Berg made a motion to approve the minutes from the July Planning & Zoning Commission meeting. Ms. Purtle seconded the motion and the minutes were approved unanimously as recorded., M. PUBLIC COMMENTS No one from the audience wished to address the Commission. PLANNING & ZONING COMMISSION AUGUST 9,2000 • PAGE 1 IV. CONSENT AGENDA 1. Public Hearing on Preliminary Plats - none 2. Public Hearing on Final Plats — River View Estates Final Plat was withdrawn by the applicant prior to this meeting. V. REGULAR AGENDA 1. Carport 4202 Boren Case C 00-31 Mr. Sons made a motion to approve this carport request. Mr. Harris seconded the motion. Twenty-six surrounding property owners were notified of this request. Nine (9) replied in favor and none (0) were opposed. Mr. John Scott, applicant, stated he would build the steel constructed carport within the City's guidelines. The vote was unanimous in favor of approval of the carport request. 2. Carport 2210 Harvard Case C 00-32 Mr. Harris .•- a motion to approve this carport request with Mr. Birck offering second. Twenty-two surrounding property owners were notified of this request. Three (3) replied in favor and two (2) were opposed. Ms. Grace Ellen Taylor, applicant, stated she removed the existing garage which was three feet over the property line and there is not access to have a carport in the backyard. The carport was unanimously approved., 3. Convert a Non -Conforming Use 227 North Beverly Case C 00-23 PLANNING & ZONING COMMISSION AUGUST 9, 2000 • PAGE 2 Applicant .......... ................................ Felix Taylor, for Rolling Plains Corporation Requested Action ......................... Conditional Use Permit Purpose ........ ................................. An application to for a conditional use permit to reoccupy a vacant commercial property in a Single - Family Zoning District. Property .......... ............... ................ 227 North Beverly Drive Legal Description ......................... 9 Acres out of Abst. 83, John Goddwin Survey Surrounding Land Use & Zoning.. N: Vacant Land, SF2 S: Vacant Land, SF2 E: Residence, SF2 W: North Beverly Drive, Residences, SF2 Analysis: This vacant commercial property was owned and operated by the Texas State Highway Department from the early 70's until 1996, and was used as a maintenance facility. This facility has been vacant since 1996. The applicant wishes to lease this property to Rolling Plains Management Corporation, a nonprofit organization based in Crowell, Texas. This Corporation provides Head Start (daycare), and day care provider assistance, rural public transportation, medical transportation, energy assistance, weatherization and other services to eligible persons in area counties. Rolling Plains Management Corp. would like to use this site for an office for two of its programs: energy assistance and transportation. This would consist of six to eight office employees, and drivers of 16 vans and small buses that will be on site to pick-up and drop-off their assigned vehicles. Types of transportation vehicles to include 4 mini vans, three 12-passenger vans, two eight -passenger buses with lifts, and seven 16- passenger busses with lifts. Clients will visit this site for the energy assistance. The surrounding area consists of primarily vacant land with residences on the west side of North Beverly Drive. Developmental Requirements: Since this location is within a Single -Family Zoning District, existing buildings may not be expanded or enlarged, Recommendation: Staff recommends approval of this request. Mr. Harris made a motion to approve this request. Mr. Sons seconded. Seven surrounding property owners were notified of this request. Three (3) replied in favor and none (0) were opposed. PLANNING & ZONING COMMISSION AUGUST 9,2000 • PAGE 3 Mr. Jerry McMillan, coordinator of transportation for Rolling Plains, stated this � Of60111 organization serves eight counties, as well ashaving the Medicade and Welfare to Work contracts. Vehicles would be stored overnight with repairs, other than oil changes, done off -site. Mr. Harris stated this would be an excellent opportunity for an unused property; Mr. Birck commented that it was a fine solution for the property., 4. Request to Reduce the Parking Requirement 1600 Ninth Street The applicant is planning to convert the Sala -Deli at 1600 Ninth Street to a dialys clinic. To accommodate this use, the building will be expanded. The parking ordinan requirement for a medical office or clinic is one parking space for every 200 square fe of gross floor area. The total area of the building will be 12,400 s.f. At a ratio of e( on]; qpace per 200 s.f. the building requires 62 parking spaces. The number is r d d ucel 57 spaces with credits for landscaping islands. After elimination of some proposes illegal parking, the applicant's site plan showed 49 spaces, an eight -space deficit. The applicant felt that because of the unique equipment requirements of a dialysis center, the water treatment facility and storage area could be classified as other than a medical clinic. The building might qualify as a mixed use -development under the Zoning Ordinance. Section 6210 (14) provides as follows: The Planning and Zoning Commission may authorize an adjustment in the total parking requirements where it is demonstrated that the application of the parking schedule is inappropriate to a proposed use due to the mix of existing or proposed uses. There shall be consideration toward calculating net floor area where it can be demonstrated that special conditions exists which are unusual to the use or property. A request for adjustment may require the submission of a site plan, traffic study and floor plan that addresses the rationale for reducing parking requirements. The water treatment and adjacent storage area occupy 1922 square feet of the proposed clinic. Staff feels that under Section 6210 (14) the Commission could adjust the parking requirement by eliminating this area from the parking calculation. If that area is subtracted from the project, the parking requirement is reduced by nine spaces, and the site plan would then meet the parking requirement. However, if the area is converted to medical office use, additional parking will be required. i1ir. Birck made a motion to approve the reduction to the parking requirement. Mr. Sons seconded the motion. PLANNING & ZONING COMMISSION AUGUST 9, 2000 * PAGE 4 Mr. Seese stated that the Commission should consider if the treated water area, 1,922 square feet, is unique to this situation to not count that area in the overall square footage used to determine parking. Mr. Waylan Berger, applicant, stated that this location was appealing because of its proximity to the hospitals. Parking requirements for the other dialysis facilities he owns were one space for every 250 feet. Mr. Berg stated that this use makes sense and to reduce the square footage to usable space is appropriate. Mr. Birck asked if similar adjustments had been made in the past; Mr. Seese responded that one case concerning a limited restaurant had been previously considered. If this location changes uses, the new tenant would be required to incorporate additional parking spaces or appear before this Commission for a conditional use for parking reduction. The Commission voted unanimously to approve the reduced parking requirements. 5. Amending the Regulation of Indoor Sports and Recreation At the request of the Commission, staff was directed to consider modifications to the Zoning Ordinance to change the regulation of "Indoor Sports and Recreation," from a permitted use to a conditional use. The change was to address the problem of video gambling arcades. The concern was the possible negative impacts that such establishments may have on nearby residences. The Zoning Ordinance defines "Indoor Sports and Recreation" as follows: "h1DOOR SPORTS ArID RECREATION Uses conducted within an enclosed building. Typical uses include bowling alleys, billiard parlors, ice and roller skating rinks, penny arcades, electronic video games, and indoor racquetball courts." The Commission indicated that moving the category from the "permitted" use to the "conditional use" category in General Commercial as a solution. Staff felt the main objection to the video gambling arcades was when they located adjacent to residences and residential uses. But staff wondered if a video arcade or bowling alley in Sikes Senter, for example, should have the same requirement for a conditional use permit. Staff recommended that the Commission consider two options to modify the General Commercial district. PLANNING & ZONING COMMISSION AUGUST 9, 2000 • PAGE 5 OPTION #1 Permitted Uses - Indoor Sports and Recreation - When located more than 200 feet from a residence or residential zoning district, not including residences in a General Commercial District. Conditional Use - Indoor Sports and Recreation - When located less than 200 feet from a residence or residential zoning district, not including residences in a General Commercial District. The 200-foot distance is the same measurement used in zoning notification and also the separation distance for billboards when adjacent to residences. OPTION #2 - Indoor Sports and Recreation - Mr. Seese stated that this item is for discussion only. Mr. Jack Bock, 1524 Norman, stated that he appreciates the Commission's consideration of this item. He suggested that this use needs to be removed from residential areas and be located in commercial areas. There was discussion regarding the types of arcades and their locations. Mr. Wachsman stated that he would be in favor of Option #1. Ms. Purtle stated that she understood that Mr. Bock wanted these particular arcades, eight -liners, removed from residential areas. Changing them to require conditional use approval will put the Commission in the position of determining more than just location regarding the placement of these machines. After listening to the opinions of the other members... Mr. Birck asked if noise was a problem; Mr. Bock responded that it was not but the late hours of operation were a concern. He stated he preferred Option #2. Mr. Sons, Mr. Bradberry, and Mr. Berg agreed with Mr. Birck, Option #2. Mr. Harris stated he was in favor of Option #1 because these machines have been deemed illegal and should not locate in this City at all. Chairman Rhone stated that he preferred Option #1 because it addressed the request from Mr. Bock, to prohibit eight -liners in neighborhoods. PLANNING & ZONING COMMISSION AUGUST 9,2000 • PAGE 6 Mr. Wachsman suggested leaving indoor sports and recreation alone, and classify these machines as adult entertainment/arcades. Ms. Purtle agreed as well as Mr. Berg. Adult and family arcades were discussed. Mr. Seese stated that he would rewrite the ordinance and present it at the September meeting. VI. OTHER BUSINESS 1. Discussion of Items of Concern to Members of the P&Z Commission Mr. Seese stated that the there were no items from this Commission on the Council Agenda. 2. Staff/Commission Discussion Mr. Seese stated there were no items. VII. ADJOURN The meeting was adjourned at 2:40 p.m. a David Rhone, Chairman Steve Seese, City Plpg Administrator PLANNING & ZONING COMMISSION AUGUST 9,2000 * PAGE