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