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Planning and Zoning Commission Minutes - 09/13/2000I M MINUTES PLANNING & ZONING COMMISSION September 13, 2000 PRESENT: David Rhone, Chairman Members Bruce Harris • Lou Ann Phillips • Danny Richardson • Rusty Sons • Ken Birck • J. C. Bradberry • Johnny Burns • Council Liaison Steve Seese, City Planning Administrator • staff Paul Stillson, Planner II • Diane Parker ABSENT: Cliff Berg • Members Lin Purtle • Greg Wright • Randy Wachsman • 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. III. APPROVAL OF MINUTES Mr. Bradberry commented that his name was omitted from the minutes of the August meeting. Mr. Harris made a motion to approve the minutes with this change; Ms. Phillips seconded the motion. The vote was unanimously approved. PLANNING & ZONING COMMISSION MARCH 8, 2000 • PAGE 1 IV. CONSENT AGENDA 1. Public Hearing on Preliminary Plats — none submitted 2. Public Hearing on Final Plats The Planning & Zoning commission recommended approval of the following plaz subject to the Standard Conditions of Approval for Final Plats and Replats and a specific conditions listed below: I Recommend approval subject to standard conditions and any specific conditions listels' below: • 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 Fngineer; 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. ilote: Approval of a plat does not imply development of property in violation of the Zoning Ordinance. 1. Canfield Subdivision, Block 263, Lot I -C (Sept. '00) a. Provide utility slips. b. Lot is served by water and sewer, (PUBLIC WORKS) c. Show easement for 6 inch sanitary sewer crossing old Lot 1-B. (PUBLIC WORKS) d. Comply with stormwater detention ordinance. (PUBLIC WORKS) e. Fire Dept. has concerns about the access to this area during emergency situations. (FIRE: David Collins at 761-8843) 2. Midwestern Park, Block 12, Lots 5-10 & I I -A; Block 12-A, Lots 3-12 (Sept. '00) a. Provide utility slips. b. This is a reduced front setback subdivision as permitted under Section 4240 of the Zoning Ordinance. Add to "Development Notes" on the plat as follows: There shall be no vehicular access such as curb -cuts and driveways from the street. All access shall be taken from a rear access easement. Sidewalks shall be constructed abutting the curb and shall have at least 4 feet of unobstructed width. PLANNING & ZONING COMMISSION MARCH 8, 2000 * PAGE 2 c. Lots 9 & 10, Block 12-A, are not served by a rear access easement. Under the terms of Section 4240 lots may not have front driveways or access. Provide a twenty -foot wide rear access easement for these two lots. d. Show width of Villa Drive. e. Extend public sewer to unserved lots. (PUBLIC WORKS) f. Extend public water to unserved lots. (PUBLIC WORKS) g. Construct internal streets in accordance with it standards. (PUBLIC WORKS) h. Increase 5' dedicated easement along east line of Lots 9 & 10 in Block 12-A to 7.5 feet. (TXU ELECTRIC) Mr. Sons made a motion to approve the Consent Agenda. Mr. Bradberry seconded the motion. The Consent Agenda was approved with a unanimous vote in favor. V. REGULAR AGENDA 1. Rezone from SF-2 to GC 2.13 Acres out of Abstract 194, Southeast Corner of Rathgeber Road and Henry S. Grace Freeway Case R 00-14 CaseNo ............................................. R 00-14 4W Applicant .......................................... Bill McGregor Requested Action ............. .............. Rezoning from SF-2 to GC Purpose ....................................... ........... Future Commercial Development Property ...................................... ........... 2.13 acres out of Abstract 194. Property is located at the Southeast Corner of Rathgeber Road and Henry S. Grace Freeway Existing Land Use ......... ................. Vacant Surrounding Land Uses & Zoning N: Vacant, SF-2 E: Vacant, Residence under construction, SF-2 S: Vacant, Drag Strip, Outside City Limits W: Henry S. Grace Freeway, SF-2 Analysis: The subject property is located at the southeast corner of Rathgeber Road and Henry S. Grace Freeway. It is adjacent to the city limits to the south. This 2.13-acre tract is part of a 27-acre parcel that extends outside the city. Part of the parcel was the site of Colonel "Cs," a now abandoned drag strip, located outside the city limits. The applicant pI ans to subdivide the property into two -acre commercial sites as he outlines in the attached letter. General Commercial zoning is being requested to accommodate the planned development. a. 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. Residential development has been the primary PLANNING & ZONING COMMISSION MARCH 8, 2000 # PAGE 3 trend in this area. However, when the drag strip was operating, the noise had a negative impact on the residences in the area. Now that the track is closed the property can be redeveloped to lessen these negative impacts. b. Relationship to the Comprehensive Plan: Staff considered the effects of the land uses allowed under that proposed zoning district relative to conformance with the City's Comprehensive Plan. The Plan currently designates all this land for Low - Density Residential use. This designation reflected the previous land use trends of residential development. c. The nature and degree of impact upon neighboring lands: The property is adjacent to residential development and vacant land. With frontage on the freeway, not all the vacant tracts are suitable for residential development. The applicant may request annexation for the remaining acreage that is now outside the City. Staff feels that with the recent changes to the General Commercial district, uses with significant impacts would require a conditional use permit with additional oversight by the Commission. If this rezoning is approved, an amendment to the Land Use Plan will be required. Recommendation: Mr. Bradberry made a motion to recommend approval of this rezoning request to City Council; Mr. Richardson seconded the motion. Four surrounding property owners were notified of this request. One (1) replied in favor and none (0) were opposed. Mr. Sons stated that this would be a more attractive use than the current abandon speedway. rumn- Uff M-0 2. Rezone from SF-1 to MFR 2916 Radney Lane South 133.67 Feet of Lot 9, Block 19, Second Supplement, Fountain Park 2A-1 Case R 00-15 Pool, Inc. Requested Action ................. ........ Rezoning from SF-1 to MFR Purpose .......................................... Future Commercial Development PLANNING & ZONING COMMISSION MARCH 8, 2000 e PAGE 4 Property .......................................... The South 133.67 feet of Lot 9, Block 19, Second Supplement, Fountain Park 2A1, a.k.a. 2916 Radney Lane Existing Land Use ............... ........... Vacant Surrounding Land Uses & Zoning N: Fountain Park Pool, SF-1 t: Rolling Meadows, Residences, SF-1 S: Rolling Meadows, MFR W: Rolling Meadows, MFR Analysis: The subject property is situated on the west side of Radney Lane just south of Fountain Park Pool. The Board of Directors of the pool is selling this vacant lot to Rolling Meadows (see attached letter). a. 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. This rezoning will expand the Multifamily zoning associated with Rolling Meadows for an additional 134 feet. b. Relationship to the Comprehensive Plan: Staff considered the effects of the land uses allowed under that proposed zoning district relative to conformance with the City's Comprehensive Plan The Plan currently designates all this land for Open dk'l: Space use, based on the existing adjacent Fountain Park Pool. This rezoning will require a change in the Plan for this tract to High Density Residential. c. The nature and - degree of impact upon neighboring lands: The major change anticipated by this rezoning will be the construction of a fence along the property line adjacent to the street, most affecting the view at 3003 Radney. The effect from this may be mitigated by the installation of required landscaping along the outside of the fence on the west side of Radney. That issue will be addressed during the site planning process. If this rezoning is approved, an amendment to the Land Use Plan will be required. Recommendation: Ms. Phillips made a motion to recommend approval of this rezoning request to City Council. Mr. Birck seconded the motion. Five (5) surrounding property owners were notified of this request. Three (3) replied in favor and none (0) were opposed., PLANNING & ZONING COMMISSION MARCH 8, 2000 # PAGE 5 3. Carport 1221 Glendora Drive Case C 00-34 Mr. Bradberry made a motion to approve this carport with Mr. Harris seconding the motion. Twenty (20) surrounding property owners were notified of this request. Five (5) or 25.0% replied in favor and none (0) were opposed. Mr. James Smith, applicant, briefly stated that he is requesting this carport to protect his cars from the elements. The carport was approved with a unanimous vote in favor. 4. Medical Office (2,440,Square Feet) in Limited Commercial 4508 Kemp Blvd. Case C 00-35 Applicant Jim Stevens, for Dr. Bert M. Avery Requested Action To construct an additional 2440 square foot medical office space for Total Body Concepts Property 4508 Kemp Blvd., Lot 6, Block 70, Faith Village Existing Land Use Vacant, Limited Commercial Surrounding Land Use & Zoning N, Total Body Concepts, Chapman Chiropractic, LC S: Vacant land, Residences, LC E: Kemp Blvd., Commercial Uses, GC W: Residential, SF-2 Analysis. - The subject property is located south of Total Body Concepts on the west side of Kemp Blvd, in a Limited Commercial zone. The applicant is proposing a 2440 square foot medical office to provide additional space for Total Body Concepts. The applicants site plan shows 10 regular and one handicapped space for a total of 11 parking spaces. The handicapped space is partially on the adjacent lot, also owned by the applicant. A medical office requires a parking ratio of one space per 200 square feet. Therefore, the project is one parking space short of the required 12 spaces. The applicant has the option to reduce the building size to 2200 square feet to meet parking requirements. There is not enough space on the lot to create an additional parking space along Kemp. PLANNING & ZONING COMMISSION MARCH 8, 2000 • PAGE 6 As the driveway to this lot is on the adjacent property, an access easement would be required to assure that if the two properties were to be sold, access would continue to be available for this use. If a covered walkway connection were desired between the two buildings, the property would have to be replatted and a utility line and easement relocated. ReCOMmendation: Staff recommends approval of this project, subject to its redesign to meet parking requirements. This project is compatible with the Limited Commercial district regulations and abutting residential properties. The staff recommends approval of this application. Mr. Harris made a motion to approve this Conditional Use Permit for a medical office not in excess of 2,440 square feet. Mr. Richardson seconded the motion. Twenty-one surrounding property owners were notified of this request. Four (4) or 19.5% replied in favor and one (1) or 4.76% was opposed. Mr. Jim Stevens, Stevens Construction, stated the plans were redrawn with a building of 2,200 square feet which will adjust the parking requirement to the current eleven parking spaces. The motion was passed with a unanimous vote in favor. 5. Carport 4916 Bonny Drive Case C 00-36 Applicant ......................................... Melvin A. Jenkins Requested Action ......................... Carport Property ........................................ 4916 Bonny Drive, Lot 21, Block 15, Loch Lomond, Section C. Carport size ............................. ....... 10 x 20 feet Distance to side property line ........ 8 feet Distance to front property line ...... 6 feet All-weather alley access .............. There is a paved alley behind this lot. In cases such as this the Commission must first determine if rear access is reasonably possible. Only if alley access is not reasonably possible can the Commission approve this application. Space on side for a carport.......... No Other carports in area ..................There are two properties within 200 feet that have a t carport within the 25-foot setback area. i4 W11 Note to applicant If approved, a building permit will be required. PLANNING & ZONING COMMISSION MARCH 8,2000 * PAGE 7 Mr. Harris made a motion to approve this carport request-, Mr. Sons seconded the motion. Sixteen (16) surrounding property owners were notified of this request. Four () or % replied in favor and none (0) were opposed. An additional favorable response, from the notification area, was received after the packets were assembled. Mr. Seese reminded the Commission that, with this property having a paved alley, their objective is to determine that there is no reasonable rear access. Mr. Melvin Jenkins, applicant, stated that Madden Steel will construct this carport. He commented that there were three trees and a storage building in the backyard. The pavement (Ile) is close to the fence and would require a wide turn to get into the backyard. Mr. Harris stated when he visited this property he noted there was an area between the trees to construct a carport which would be in the center of the yard and would divide it into two halves. He felt that should also be a consideration. Mr. Sons stated that this Commission recently heard a similar case and stressed that the vote should be consistent with previous decisions. Chairman Rhone stated that if staff could supply photos showing the perspective of the yardsit would be extremely helpful. Mr. Seese replied that wide angled, panoramic views would be supplied in the future. Chairman Rhone also asked if information about the number of rear carports on surrounding properties could be provided. Mr. Birck asked when the carport next to this property was constructed. Mr. Seese replied that he felt it might be pre -ordinance. Chairman Rhone asked the applicant if he would construct a carport in the rear if this request was denied. He stated that he was not sure. survey of the Commission revealed that the vote would possibly be three in favor, three opposed, and one undecided. The vote was three () in favor and four () opposed. The Commission found there was reasonable access to the rear of the property thus denying the carport request. PLANNING & ZONING COMMISSION MARCH 8, 2000 • PAGE 8 VI. OTHER BUSINESS 1. Discussion and Recommendation of Ordinance Regulating Video Games Mr. Seese presented an ordinance to the Commission for recommendation. He summarized the ordinance by stating that a conditional use permit would be required if the establishment met two criteria: 1) Within 200 feet of a residence, school, or -1, SF- , or Multifamily zoning district, or ) Area used for the arcade exceeds 2% of the gross floor area of a building. Mr. Harris inquired about why an ordinance needs to be passed if the eight liner machines have been ruled illegal by the District Attorney and not allowed in Wichita County. Mr. Seese stated the ordinance addresses video gaming equipment, not just eight liners. The ordinance was originated because we had a situation where a GC district backed up to a built -out SF subdivision. In that GC district there was gaming and arcade equipment. The complaints from the neighborhood were hours of operation and lack of protection for the neighborhood. Mr. Seese stressed that eight liners were not singled out, the issue is video arcades where a customer pays to use the equipment. Mr® Sons made a motion to recommend approval of this ordinance to City Council; Mr. Richardson seconded the motion. The recommendation passed with a unanimous vote in favor. 2. City Council Update — Results of Carport at 401 East Rodgers Mr. Seese stated that the City Council upheld this Commission's recommendation and denied the carport appeal. Mr. Burns discussed the subject of alley maintenance, alley access, and the responsibilities of the City. He also expressed views concerning the final authority regarding carports, both with and without paved alleys. Mr. Scott Taylor, City Engineer, briefly explained alley maintenance by the City as well as answering questions regarding dedications of alleys. 3. Discussion of Items of Concern to Members of the P&Z Commission Chairman Rhone briefly mentioned a letter to the editor in a recent issue of the Times Record News that mentioned zoning issues in a city to our north. He defended zoning by stating that it helps keep hazardous issues at a distance and protecting the rights and values of property and people. 4. Staff/Commission Discussion Mr. Seese stated that City Council requested in June that the P&Z Commission start working on the outdoor storage issue again. He stated there would be a workshop PLANNING & ZONING COMMISSION MARCH 8, 2000 • PAGE 9 meeting on September 27, 2000 at 2:00 p.m. After polling the Commission, it was agreed to have the meeting on that date. Vil. ADJOURN The meeting was adjourned at 2:50 p.m. - David Rhone, Chairman Ulm" bes-e, WPlanning Administrator f —1-112 z —Ibo Date Date PLANNING & ZONING COMMISSION MARCH 8,2000 * PAGE 10