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Planning and Zoning Commission Minutes - 10/11/2000MINUTES PLANNING & ZONING COMMISSION October 11, 2000 PRESENT: David Rhone, Chairman • Members Cliff Berg • Bradberry • Bruce Harris • Lin Purtle • Danny Richardson • Ken Birck • Randy Wachsman • Johnny Burns * Council Liaison David A. Clark, Director of Community Development * staff Steve ese, City Planning Administrator • Paul Stillson, Planner 11 • Diane Parker • ABSENT: Lou Ann Phillips • Rusty Sons • Greg Wright • I. CALL TO ORDER The meeting was called to order by Chairman Rhone at 2:00 p.m. 1111. PUBLIC COMMENTS 21=111=11 A �-- =7 "41 Ill. APPROVAL OF MINUTES Mr. Harris made a motion to approve the minutes of the September 13, 2000 meeting. Mr. Birck seconded the motion. The vote was unanimously approved. PLANNING & ZONING COMMISSION OCTOBER 11, 2000 * PAGE 1 IV. CONSENT AGENDA 1. Public Hearing on Preliminary Plats The Planning & Zoning Commission recommended approval of the following plat(s) 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 UtilitiesEngineer; 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 the Director of Traffic and Transportation. • Submit two (2) copies of corrected preliminary plat to Planning Division before final platting. Ordinance.Note: Approval of a plat does not imply development of property in violation of the Zoning Recommend approval subject to standard conditions and any specific conditions listed below: 1. Preliminary Plat — North Village Subdivision (Oct. '00) a. Correct easement width on the south line. b. Correct call in field notes to match map — S83d 4 ' 00"E. c. Label as being within 65db — 70db noise contour — Airport Zoning. . Lot 3 is served by water. (PUBLIC WORKS) e. Extend water to serve Lot 2. (PUBLIC WORKS) f. Extend sanitary sewer to serve Lots 2 & 3. (PUBLIC WORKS) g. Comply with storm water detention ordinance. (PUBLIC WORKS) 2. Preliminary Plat - Wyatt Addition, Lots 2A & 21B (Oct. '00) a. Last call in field notes does not match call on map. b. Show place of beginning. . Lot is served by water and sewer. (PUBLIC WORKS) d. Meet curb and gutter requirements. (PUBLIC WORKS) PLANNING & ZONING COMMISSION OCTOBER 11, 2000 • PAGE 2 ((;2. Public Hearing on Final Plats The Planning & Zoning commission recommended approval of the following plats subject to the Standard Conditions of Approval for Final Plats and Replats and any specific conditions listed below: Recommend approval subject. standard conditions and any specificconditions listed •- • • 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, i 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. Final Plat — Hillcrest Addition, Block 5, Lot 14-A (Oct. '00) a. Provide utility slips. . Provide signatures and seal. 2. Final Plat — Wyatt Addition, Lot 2A (Oct. '00) a. Show place of beginning. b. Label R.O.W width. c. Provide utility slips. d. Lot is served by water and sewer. (PUBLIC WORKS) e. Comply with curb and gutter requirements. (PUBLICWORKS) 3. Final Plat — North Village Subdivision, Block 1, Lots 2&3 (Oct. '00) a. Correct easement width on south line. b. Correct call in field notes to match map — S83d 4 ' 00" E. c. Provide signatures . Label as being within 65db -70db noise contour — Airport Zoning. . Lot 3 is served by water. (PUBLIC WORKS) f. Extend water to serve Lot 2. (PUBLIC WORKS) . Extend sanitary sewer to serve Lots 2 & 3. (PUBLIC WORKS) Complyh. with storm water detention ordinance. (PUBLIC WORKS) PLANNING & ZONING COMMISSION OCTOBER 11, 2000 • PAGE 3 Mr. Bradberry made a motion to approve the Consent Agenda. Ms. Purtle seconded the motion. The Consent Agenda was approved with a unanimous vote in favor. V. REGULAR AGENDA 1 Rezone from SF-2 to MFR Eight (8) Acres North of the Northeast Corner of Missile Road and Central Freeway Case R 00-16 Applicant ...................................... David Rhone Requested Action ........................ Rezoning Purpose ....................................... Rezone eight (8) acres from SF-2 to Multi -Family Residential (MFR) for an apartment complex. Property ....................................... 5601 Central Freeway Existing Land Use ........................Vacant Surrounding Land Use & Zoning.. N Vacant, SF-2 S Department of Public Safety, GC E Vacant, Residences, SF-2 W Central Freeway Analysis - of The app'licant wishes to rezone eight (8) acres of land from Single Family-2 to Multi - Family Residential. This land is currently vacant and is between Central Freeway and the Expressway Village Subdivision. This proposed apartment complex will have approximately 100 units and will be accessed from Central Freeway and Russell Drive. Recommendation, Staff recommends approval of this rezoning. Mr. Berg made a motion to recommend approval of this case to City Council. Mr. Harris seconded the motion. Mr. Seese explained that the applicant is David Rhone, chairman of this Commission, who has abstained from participating in this case. Eleven surrounding property owners were notified of this request. One (1) replied in favor and four (4) were opposed. Mr. Seese reviewed the opposing statements: Decrease in property values — staff does not feel that apartments built near residential areas have any effect on property values Land use — staff feels this use is logical and much needed in this part of town PLANNING & ZONING COMMISSION OCTOBER 11, 2000 # PAGE 4 Increased traffic, lack of safety — staff does not have any evidence this apartment would negatively impact the surrounding area Mr. Jim Biggs, Biggs & Mathews, stated that he has worked with the Rhones on this development since the early 60's. The interstate frontage has always been reserved for commercial usage. He also mentioned that locating apartments near residential areas would not be detrimental; it has occurred in other areas of Wichita Falls. Mr. Conrad Staley, Staley, Baker, & Monson, stated that this site is excellent for building an apartment complex with its rolling plains. He commented that after the tornado many apartments were reconstructed adjacent to residential areas. Mr. Harold Hawkins, 5502 Hooper, stated that during his previous six years on City Council he fought to get development on the north side of Wichita Falls. The only growth in that area was a result of the Rhones. He indicated that commercial development has begun with the super Wal-Mart, possible Home Depot, Budget Car Rental, Atwoods, possible United Food Markets, and the Prison. All these businesses need places for their employees to live. With the Rhones owning the surrounding land, this apartment complex will not deteriorate and effect his investment. He appreciates all the Rhones efforts in the north side. Monte Monson, Staley, Baker, & Monson, stated the only negative comment that he has heard is the increase in traffic. He explained there is a 30 foot buffer between the apartment and the residences to the east. There will be a one way exit to Russell Drive with two way traffic on the access road. Mr. Nathan Brown, North Texas Rental Property Association, stated this association includes 30 multi -family property owners with 106 single-family property owners and a total of 6,487 units to be or already leased. Properly planned multi -family units do not increase traffic nor do they devalue the surrounding property. He stressed for the Commission to consider the effect this complex could have on north side businesses. It was commented that the 30 foot setback was required between commercial and residential property and was not paved. The vote was six (6) in favor and none (0) opposed with Mr. Rhone abstaining. 2. Carport 1628 Grandview West Case C 00-37 Mr. Seese commented that there is not a paved alley in the rear of this property. PLANNING & ZONING COMMISSION OCTOBER 11, 2000 • PAGE 5 Twenty-three surrounding property owners were notified of this request. Five (5) replied in favor and none (0) were opposed. Mr. Brandon Ashlock, applicant, stated that he is trying to improve the value of his property. The carport passed with a unanimous vote in favor. 3. Carport 3804 Clovis Case C 00-38 Mr. Seese stated that there is not a paved alley in the rear of this property. Twenty-five property owners were notified of this request. Four (4) replied in favor and none () were opposed. The carport was passed with a unanimous vote in favor. 4. Re-establish a Non -conforming Apartment Building 1307 Buchanan Case C 00-39 Applicant Requested Action Purpose: Property Existing Land Use Surrounding Land Use & Zoning Mike Shallenberger and Jimmy Edwards Conditional Use Permit Re-establish an apartment building that is non- conforming and has been vacant for more than two years. 1307 Buchanan Vacant apartment building N: Residence, SF-2 S: Residence, SF-2 E Residences, LC W Buchanan St., Residences, SF-2 Analysis: This is a vacant structure built in 1920 and was used as the Buchanan Terrace Apartments up until around 1990. It is located within a Single-Family-2 zoning district. The applicants wish to purchase the property and apply for bank funding and funding from the City of Wichita Falls Rental Rehabilitation Program. The Rental Rehabilitation Program is funded through Community Development Block Grant (CDBG) and will fund up to 50% of the costs. PLANNING & ZONING COMMISSION OCTOBER 11, 2000 • PAGE 6 The applicants are proposing a 19 unit complex with 13 one -bedroom and 6two- bedroom units. The Zoning ordinance requires a Conditional Use Permit for this project. Section 6145, Nonconforming Use — Discontinuance, reads as follows: "The right to operate as a nonconforming use terminates if the nonconforming use has discontinued operations or remains vacant or unused for two years or more. The Planning and Zoning Commission may grant a Conditional Use Permit for continuing the operation of a nonconforming use if the structure proposed for the nonconforming use is a commercial structure, and is in conformance with Section 6100." Developmental Requirements: 1. This project must meet all building code and zoning requirements including landscaping. . The existing parking lot is not large enough to meet the required parking for this project. The applicants must obtain additional parking or a variance from the Board of Adjustment. Recommendation: Staff recommends approval of this project. Mr. Harris made a motion to approve this conditional use request. Ms. Purtle seconded the motion. Twenty surrounding property owners were notified of this request. Five () replied in favor and none (0) were opposed. Mr. Mike Shallenberger, applicant, stated this apartment has been a blight in the neighborhood for many years. He has grant money to assist with the upscale refurbishing. Ms. Carol Wagner, 1300 Buchanan, stated she was excited about the prospect of new life for this derelict old building. There were concerns about Section 8 renters from the elderly neighbors but she was assured those renters would be monitored. She and her husband fully support the approval of this request. Ms. Verda Vandervert, 1306 Buchanan, approved of this apartment and hopes the neighborhood will be proud of it. Mr. Birck supported this request. The vote was unanimous in favor of this request to permit usage of thenon-conforming apartment building at 1307 Buchanan. PLANNING & ZONING COMMISSION OCTOBER 11, 2000 • PAGE 7 5. Carport 4346 Cunningham Drive Case C 00-40 In cases such as this, paved alley in rear of property, the Commission must determine that rear access to the property is not reasonably possible. Mr. Richardson made a motion to approve this carport request with Mr. Harris offering the second. Mr. Seese presented photographs from the alley towards the house. He indicated that the obstacles are a covered patio, a tree, and a green house which are permanent structures. Twenty-five surrounding properties were notified of this request. Eleven 11) replied i favor and none (0) were opposed. Mr. Ralph Nichols, applicant, stated the garage was enclosed as his family expanded. He requested approval to protect his automobile. Mr. Harris stated that the property did not appear to be accessible from the rear. The carport was approved with a unanimous vote in favor. 6. Carport 3009 Colquit Case C 00-41 In cases such as this, paved alley in rear of property, the Commission must determine that rear access to the property is not reasonably possible. Twenty-three surrounding property owners were notified of this request. Two () replied in favor and one (1) was opposed stating various reasons. The applicant was not present. Chairman Rhone commented on future use of paved alleys and their maintenance. He reminded the Commission that when the City adopts all front curb trash pick up, then alley maintenance will not be a City responsibility. This Commission will need to consider excess wear and tear on the alley. The carport was passed with a unanimous vote in favor. PLANNING & ZONING COMMISSION OCTOBER 11, 2000 • PAGE 8 91 VI. OTHER BUSINESS 1. City Council Update Mr. Clark stated that two items appeared before Council, the rezoning of the area near Rathegeber and Central Freeway and rezoning to multifamily near Rolling Meadows. There was also a language change to the Zoning Ordinance regarding video machines. City Council approved all three items. 2. Discussion of Items of Concern to Members of the P&Z Commission Mr. Berg commented that Browning Reliable has immensely improved the new location on Kemp with the required landscaping and cleaning up the property. He complimented the Commission for approving the changes Chairman Rhone stated the agenda mentions a discussion for outdoor storage. After adjourning, the Commission will go to a workshop session for discussion purposes. This workshop will be open to the public. VII. ADJOURN The meeting was adjourned at 2:40 p.m. David Rhone, Ch5irman Steve,S'eese, City PLOKing Administrator 5.-tf � PLANNING & ZONING COMMISSION OCTOBER 11, 2000 * PAGE 9