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Planning and Zoning Commission Minutes - 02/14/20011P MINUTES PLANNING & ZONING COMMISSION February 14, 2001 PRESENT: David Rhone, Chairman Cliff Berg L. O. Nelson Susan Wood Reeves Rusty Sons Ken Birck J. C. Bradberry David A. Clark, Director of Community Development Steve Seese, City Planning Administrator ", Paul Stillson, Planner II ABSENT: Lou Ann Phillips Lin Purtle Danny Richardson Bill Rowland 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. • Members • Alternate #1 • Alternate #2 • staff • Members III. PROCEDURE CHANGE Mr. Seese stated that when an amendment is made to a motion on an agenda item, the amendment should be voted on first before the original motion. PLANNING & ZONINGCOMMUMON February 14, 2001 • PAGE 1 IV. APPROVAL OF MINUTES 16 Chairman Rhone stated that Mr. Nelson should be added to the list of attending members in the minutes for the January meeting. Mr. Birck made a motion to approve minutes with that change. Ms. Wood Reeves seconded the motion. The minutes were passed with a unanimous vote in favor. V. CONSENT AGENDA 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 to standard conditions and any specific conditions listed 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 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. Amon Family Addition, Lot 6, Block 1 (Feb. '00) a. Provide 45-degree right-of-way triangles ("corner clips") at the intersection of Sierra and 1-44 as required by the TxDOT. b. Provide utility slips. c. Extend sanitary sewer to serve Lot 6. (PUBLIC WORKS) d. Extend water to serve Lot 6. (PUBLIC WORKS) e. Comply with stormwater detention ordinance. (PUBLIC WORKS) f. Construct street in accordance with City standards. (PUBLIC WORKS) g. Ten foot dedicated utility easement needed along west and east property lines from the north line to its south line of Block 1, Lot 6 prior to approval of final plat. h. Provide a temporary turn -around for Sierra. PLANNING S ZONING COWiAMISSWON February 14, 2001 • PAGE 2 2. Bluebonnet Park, Lots 1-19, Block 6, Section 3 (Feb. '00) a. Change street suffix to "Court" instead of Circle. b. Label 25-foot building limit line along Blazing Star. c. Extend water to serve all lots. (PUBLIC WORKS) d. Extend sanitary sewer to serve all lots. (PUBLIC WORKS) e. Comply with stormwater detention ordinance. (PUBLIC WORKS) f. Comply with stormwater design criteria. (PUBLIC WORKS) g. Construct street in accordance with City standards. (PUBLIC WORKS) h. Ten foot easement along right-of-way line of all platted lots is needed rather than the 5 ft. easement that is shown. (TXU) L Ten foot dedicated utility easement (5 ft. either side) of Lots 5 & 6 and 14 & 15 of Block 6 needed prior to approval of final plat. 3. Wal-Mart North, Lots 1A, 2A, 3A, 4 & 5, Block 1 (Feb. '00) a. Label easements to the southeast as "previously dedicated." (PUBLIC WORKS) b. Utility slips required. The motion to approve was made by Ms. Wood Reeves and seconded by Mr. Sons. The Consent Agenda passed unanimously. VI. REGULAR AGENDA 1. Approval of Preliminary Plat Amon Family Addition, Block 1-5 (Feb. '00) Public Hearing on Preliminary Plat 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. • Submit two (2) copies of corrected preliminary plat to Planning Division before final platting. - PLANNING & ZONING COMMISSION February 14, 2001 • PAGE 3 Note: Approval of a plat does not imply development of property in violation of the Zoning Ordinance. TxDOT is conducting a route feasibility study of Loop 11. Any approval of the alignment would, according to TxDOT, "circumvent this study and prevent the expansion from being part of the State Highway system. The study is expected to be completed by mid- summer. Staff recommends denial of this plat. a. Provide 45-degree right-of-way triangles "corner clips" at the intersection of Sierra and 1-44 as required by TxDOT. b. Revise preliminary to exclude Block 1, Lots -12 and Blocks 2, 3, & 4 pending outcome of TxDOT study on Loop 11 extension. c. Provide an easement for the pipeline traversing Block 3, Lot ; Block 2, Lots , & 9; and Block 1, Lot 1. Identify the owner of the pipeline. Address the lot configuration and size to maintain buildable lots. d. Remove street names. e. Extend water and sewer to serve all lots not currently served. (PUBLIC WORKS) f. Provide master utility plan. (PUBLIC WORKS) g. Provide master drainage plan. (PUBLIC WORKS) h. Construct all internal streets in accordance with City standards. (PUBLIC WORKS) i. Comply with stormwater detention ordinance. (PUBLIC WORKS) j. Comply with curb and gutter ordinance for Airport Drive. (PUBLIC WORKS) k. Construct drainage improvements in accordance with City standards. (PUBLIC WORKS) I. Any additional easements needed will be obtained prior to filing final plat. (T ) There was a motion and a seconded to approve this plat. Mr. Seese explained that when the adjacent property is also owned by the owner of the final plat, a preliminary plat is required to be filed. Mr. Richard Boyd, representative for the owner, stated that he did not want to delay the final plat and the owner is willing to comply with the City's request. The vote was unanimous in favor of approval of this plat. 2. Approval of Rezoning from RMU to LI at 7021 Seymour Highway Case R 01-01 Applicant Joe Dimock Requested Action Rezone from Residential Mixed Use to Light Industrial PLANNING & ZONING COMMISSION February 14, 2001 • PAGE 4 4 Property 7021 Seymour Highway, 0.68 Acres out of a portion of Block 8,9, & 10, Rancho Vista Place. Location The property is located west of Ulen Lane. Existing Land Use Existing Oil Field Equipment Storage Yard. Surrounding Land Uses & Zoning N: Seymour Highway, LI E: Ulen Lane, RMU S: Vacant, Outside City Limits W: Residences, RMU Analysis: The applicant is the owner of Premier Fishing and Rental, an oil field service business occupying seven acres on Seymour Highway. He has recently acquired an additional 6.33-acre tract south of Premier Fishing and Rental. The property has a residence on i, located outside of the city limits. However, a 0.68-acre strip of land is within the city limits, adjacent to his business. He plans to convert the residence into an office for his existing business. He requests a zoning change from Residential Mixed Use to Light Industrial for the 0.68-acre tract. 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. The purchase of the residence and its conversion to an office represent changed conditions. b. elan shi o the Co. re ive Ian: Staff considered the effects of the land uses allowed under that proposed zoning district relative to conformance with the i Comprehensive Plan. The Plan currently designates a part this land as Light Industrial. The east portion is shown as SF-2 on the plan. It appears that the intent of the plan was to designate the property along Ulen Lane as residential, and the applicant's property as Light Industrial. However, the boundary may have been drawn too far west. An amendment to the Plan is recommended so the plan can match the existing and proposed Light Industrial Zoning. . The nature and degree of impact upon neighboring lands: To the east of this lot is a residential development along a private street: Ulen Lane. Much the existing yard is adjacent to residential development. The proposed rezoning will allow the expansion of the yard to the city limits about 50 additional feet. Further south, the property is outside the city, beyond the control of the Zoning Ordinance. This rezoning should not significantly increase the impact on residences above the level of impact that exists now. If this rezoning is approved, an amendment to the Land Use will be required. Recommendation: The staff recommends this rezoning to Light Industrial. Mr. Birck made a motion to recommend approval to the City Council of this rezoning case. Mr. Nelson seconded the motion. PLANNING & ZONING COMMMMON February 14, 2001 • PAGE 6 Six surrounding property owners were notified of this request. Three () replied in favor and none (0) were opposed. The Land Use Plan will be required to be amended if this rezoning is passed. Ms. Wood Reeves questioned one of the responses; however, Mr. Birck noted that neither the applicant nor the respondent were present so it would be difficult to determine if an agreement regarding the fence was made. The recommendation was approved with a unanimous vote in favor. 3. Approval of Rezoning from RMU to GC at 1430 33rd Street Case R 01-02 Applicant ...................................... Richard B. Rogers Requested Action ........................ Rezone from Residential Mixed Use to General Commercial Property.......................................1420 33rd Street, Lot 24, Block 29, Hillcrest Addition Location ....................................... The property is east of the intersection of 33d Street and Jacksboro Highway Existing Land Use ........................ Vacant lot used for storage. Surrounding Land Uses & Zoning N: Auto repair, Vacant, Residential, RMU E: Storage Building, RMU S: Auto Repair, Residential, Auto Parts Sales, RMU, GC W: Auto Sales, GC Analysis: The applicant owns this vacant property and the adjacent Rogers Motor Company. The lot is located on the border of GC zoning to the west and RMU zoning to the east. The applicant leased the vacant lot to an individual for tire storage but later requested that the tires be removed. The purpose of this rezoning from Residential Mixed Use to General Commercial is to increase the development possibilities on this lot. Therefore this is a speculative rezoning request. 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. There has been a trend of commercial development in this area. 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 i 's Comprehensive Plan. The Plan currently designates this lot "Commercial". This rezoning request will be in conformance with the Comprehensive Plan. PLANNING & ZONING COMMISSION February U, 2001 • PAGE 6 c. The nature and dearee of lm pact upon neighboring lands: This area is developed with significant storage and auto related businesses. There are few residences nearby. This rezoning should not negatively impact the surrounding residences to a greater degree than existing conditions. If this rezoning is approved, an amendment to the Land Use will be not required. Recommendation: The staff recommends this rezoning to General Commercial. There was a motion and a second to recommend approval of this rezoning case to City Council. Twenty-four surrounding property owners were notified of this request. Three () replied in favor and none (0) were opposed. The recommendation passed with a unanimous vote in favor. 4. Approval of Therapeutic Riding Facility as Outdoor Recreation in GC 3549 Parkhill Road Case C 01-05 Applicant ...................................... Mary Elizabeth Pearce Requested Action ........................ Conditional use for Outdoor Recreation. Property ....................................... 3549 Parkhill Road, 2.0 Acres, Block 6, Kemp Subdivision, Abstract. 193 Location ....................................... The property is on the east side of Parkhill Road, North of Seymour Highway. Existing Land Use ....................... Residence, Silk Screen Business and Horse Stables Surrounding Land Uses & Zoning N: Residence, RMU E: Vacant, GC S: Livestock, GC W: Vacant land, Residences, GC & F-1 Analysis: The applicant is seeking approval to operate a horse riding facility. The property was recently annexed into the City, consisting of a residence, a screen printing shop, stables, pens and a corral. The existing riding facilities were constructed before annexation. The planned riding facility will be operated by a non-profit organization designed to assist physically and mentally challenged youth, ages, 8-1 , with therapeutic riding at no cost to the child. All youth that reside within Archer, Clay, Jack, Montague, Wichita and Wise counties are eligible to participate in the program. PLANNING & ZONING COMMISSION February 14, 2001 • PAGE 7 Each child will be scheduled for a once a week visit for as long as needed or under doctor prescription for a 1-2 hour period of time. The students will have a specific horse assigned to them. Volunteers will work with the students and horses each week. There will be exercises, games and events. The applicant's plans include constructing a (40' x 0') barn with handicapped restrooms. Also planned is a (36' x ') bunkhouse, which will extend east -west from the barn. The bunkhouse will house youth groups for a weekend or a week during the summer to help the handicapped youth. They will be able to worship/fellowship and then ride in the evening. The applicant states that the initial riding activity will be conducted using the existing riding facility. Recommendations: Staff recommends approval of the initial riding facility. However, the future planned barn, bunkhouse and covered arena will require a more detailed site plan, addressing issues such as parking, landscaping, building locations, etc. The property will also require platting for any additional buildings. Mr. Bradberry made a motion to approve this conditional use request. Mr. Berg seconded the motion. Ten surrounding property owners were notified of this request. One replied in favor and four () were opposed. From outside the notification area, nine () property owners sent in negative comments regarding this case. Mr. Seese summarized the responses by stating there complaints about the number of horses, property not large enough for this type of facility, waste found in open ditches, halfway house already located Kovarik Road, commercial business should not located in residential area, no information on number of children expected or the child to volunteer ratio, hours of operation were not specified, safety in the general area, decreasing property values, traffic volume and congestion, parking problems, and an increase in trash. Mr. John Burrus, Traffic Engineering Dept., stated that if curbside parking were to be removed from Parkhill Road as a safety measure for emergency vehicles, it would probably run the entire length from Seymour Highway to Kovarik Road. Mr. Roy Ressel, Health Dept., stated they have received calls regarding neighborhood concern for this situation. He stated that currently Ms. Pearce is not in violation of any Health Dept. regulations. Concern was expressed for violations of the non -conforming use permit (issued from the Health Dept.) which does not permit additional buildings to be constructed nor does it permit increases in the number of animals if they are within the 200 foot area of neighboring houses. He also stated Ms. Pearce should be concerned the regulations regarding food preparation and the requirements to add additional septic systems. PLANNING & ZONING COMMISSION February 14, 2001 + PAGE 8 Ms. Mary Elizabeth Pearce, director of Whispers of Hope Horse Farm, responded to previous questioning and statements. The arena was scheduled to be used for the open house parking but due to rains and wet grounds it could not be graveled. Parking then occurred on the sides of Parkhill. In regards to the drainage problem, she stated that she has an engineer working on the situation. To the bunkhouse objection, she acknowledged that was a project for the future, three to five years away. It was mentioned by Mr. Seese that before the bunkhouse can be built, she will need to apply for another conditional use permit. Ms. Pearce noted that fundraisers would be held at larger facilities, such as MPEC. Projected hours of operation will be 10:00 a.m. until 7:00 p.m., Tuesdays through Sundays. She explained her facility was certified through NARHA, North American Riding for Handicap Association, with a structured criteria and yearly recertification. Ms. Beverly Fisher, 3322 Parkhill Road, stated that her concerns were the hours of operation, the student to volunteer ratio, health concerns, and traffic problems. Ms. Pearce responded that there will be one volunteer to three children and, in some cases, such as a child in a wheelchair, the ratio could be one to one. She then assured Ms. Fisher that her hours of operation were not going to change. Mr. Wayne Ressel, 3541 Parkhill Road, indicated his concerns were property values, safety and security concerns, and drainage problems. There was discussion regarding the maintenance of Ms. Pearce's property which Chairman Rhone observed was not an issue before this Commission. Mr. Roy Ressel stated the Health Department has concerns regarding the proposed changes in the existing structures. Chairman Rhone asked why this property had been commercially zoned. Mr. Seese replied all property is annexed as Single Family, the most restrictive zone. A land use plan was prepared and certain properties, such as this one, were rezoned in January, 1998. It was zoned General Commercial to accommodate the riding stable. Mr. Wayne Ressel continued to express concern over the riding facility and the potential effects on the neighborhood. Mr. Mike Harrington, Parkhill Road resident to the south of Ms. Pearce, stated he did not receive the notification regarding this case. He stated he is not against the riding facility but does not approve of overnight stays. Parking has not been a problem in front of his property. Mr. Mickey McKinley, 3053 Parkhill Road, stated that he did not understand the rezoning included land other than a 300 foot strip to Seymour Highway. He supported Mr. Wayne Ressel's views. Ms. Pearce replied to the neighbors' concerns that she distributed written instructions to the volunteers directing traffic about the parking. She stated her horses do stand by the PLANNING & ZONING COMMISSION February 14, 2001 * PAGE 9 fence adjacent to Mr. Wayne Ressel's property but their stalls are located beyond the 200 feet boundary. To the potential daily parking problems, she stated there are never more than two additional cars on her property. When asked about the sewage/runoff problem, she replied that it is clear water and not a problem. She stated the silk screen business will not be located on her property. Chairman Rhone stressed that she was responsible for remedying Health Department hazards. Mr. Wayne Ressel repeated his concerns for the number of horses. Chairman Rhone stated that was a Health Department issue and does not concern this Commission. When asked to indicate how they would vote, Mr. Birck stated he understood the neighbors' concerns but it is a legitimate use for General Commercial zoning; Ms. Wood Reeves stated that she is doing what she is entitled to with this type of zoning. Mr. Sons expressed concerns about the drainage problem even though it is a Health Department issue. Mr. Berg suggested the motion be amended to include the hours of operation. He recommended that the drainage issue be forwarded to the Health Department. Mr. Bradberry stated the real issue here seems to be the number of people attending the open house. Mr. Nelson stated the owner has been made aware of the issues and has tried to address them at today's meeting. These issues always surface when commercial property abuts residential; he believes there are sufficient safeguards, oversights, and regulatory agencies to monitor the concerns noted. Mr. Berg made a motion to amend the original motion to include the hours of operation Ir from 10:00 a.m. until 7:00 p.m., Tuesday through Saturday. Mr. Nelson seconded the motion. The vote was seven (7) in favor and none (0) opposed. Mr. Berg made a second motion to amend the original motion to prohibit overnight stays by challenged youth. Ms. Wood Reeves seconded the motion. The vote was six () in favor and one 1) opposed. The original motion as amended passed with a vote of seven in favor and none (0) opposed. 5. Carport 1411 Gunnison Drive Case C 01-06 In cases such as this one where there is a paved alley in the rear of the property, the Commission must determine that rear access to the property is not reasonably possible. Mr. Berg made a motion to approve this carport request. Ms. Wood Reeves seconded the motion. PLANNING & ZONING COMMISSION February 14, 2001 • PAGE 10 W The applicant, Mr. Page, recreational purposes and stated the the north south end end has a is used by a day care zigzag approach that is center difficult for to maneuver. The carport was approved with a unanimous vote in favor. 6. Carport 4403 Randel Drive Case C 01-07 Mr. Berg made a motion to approve this carport request; Ms. Wood Reeves seconded. Mr. Ralph Nichols was present for the applicant. He stated the owner's son will construct the carport. The carport passed with a unanimous vote in favor. 7. Approval of Motorcycle Repair Business 3404-06 Buchanan Street Case C 01-08 Applicant......................................Tom and Edwina Wight Requested Action ........................ Conditional use for vehicle repair in GC. Property.......................................3404-6 Buchanan, Lots 3 & 4, Block 1, Kemp Fair Park Addition Location ....................................... The property is on the west side of Buchanan between Hampstead Lane and Avenue Y. Existing Land Use ........................ Vacant Flower Shop Surrounding Land Uses & Zoning N: Sewing Shop, Parents without Partners, GC E: Residences, SF-2 : Auto Repair, Ballet Studio, Residences, GC W: Glass Shop, Auto Repair, GC Analysis: The applicants are planning to convert this former flower shop into a motorcycle sales and repair business. They will provide motorcycle repair, which staff determined is similar in nature and impact to auto repair. Auto repair requires a conditional use permit in a General Commercial zone. The applicants have provided the required site plan. Staff redrew the plan for better reproduction. There will be separate sales, office and repair areas. A six-foot privacy fence was shown on the applicant's plan. The privacy fence will help mitigate any adverse impacts created by the repair operation. PLANNING & ZONING COMMISSION February 14, 2001 * PAGE 11 Recommendations: Staff recommends approval of this request. Mr. Tom Wight, applicant, stated this is a family run business. He also stated that he would construct a ten foot privacy fence in the rear of the property. The vote was seven () in favor and none (0) opposed. VII. OTHER BUSINESS 1, Amendments to Section 6700, Sign Regulations Mr. Seese explained the exceptions to signs placed in residential setbacks include real estate signs, contractors business signs, birth announcements, security signs, and school sports signs. This ordinance amendment pertains to location only and does not address sign content. Mr. Seese also mentioned that political signs are addressed elsewhere in the Zoning Ordinances. Mr. Nelson questioned if most of the existing signs are in compliance; Mr. Seese replied they were and they are smaller than the size suggested in amendment. Mr. Bill Sullivan, Assistant City Attorney, stated that sign ordinances can be unconstitutional if they are either over or under inclusive by regulating content. This amendment has been reviewed and appears to be satisfactory. Mr. Berg asked if signs could be grandfathered. Mr. Seese replied that this amendment will go into effect immediately and will not effect realtors' signs. Councilor Burns stated that this amendment does not refer to political signs and it appears that passage of this amendment will make those signs illegal. Mr. Seese replied that political signs could be added to this amendment. Chairman Rhone asked if signs were becoming a problem in neighborhoods. Mr. Clark replied that an individual appeared before City Council expressing discontent with a neighbor's sign. Councilor Burns declared that this amendment is in response to a request by Council to have this Commission review the sign ordinance. Mr. Nelson suggested having the Legal Department review this ordinance to include political signs. Mr. Nelson made a motion to table this ordinance until the next meeting. Ms. Wood Reeves seconded the motion. The motion passed with a unanimous vote in favor. PLANNING & ZONING COMMISSION February 14, 2001 • PAGE 12 2. Amendments to the Boundaries of the River Development District Commentary. Recently staff reviewed the boundaries of the River Development District. The district includes the Multipurpose Events Center and the north part of downtown, extending west to Lucy Park. With the planned construction of the coliseum, developer inquiries, and the construction of the 1-44 overpass, staff felt it an appropriate time to re-examine this area The District was created when the yet to be named MPEC was still in the planning stage. The district was designed to allow a "convention center" and to encourage compatible development adjacent to it. The stated purpose of the district is to provide a facility for recreation and leisure and to enhance tourism. The district has a goal of upgrading the river environment into a permanent recreation and commercial district. Based on current land uses, changed conditions and a concern for future development, the staff recommending several changes to the district boundaries. They are illustrated on the following map. After a brief explanation by Mr. Clark of the proposed changes, he stated that Council has asked that this zoning district be reviewed to encourage RDD amenities. The map shows five areas to be changed to RDD and two areas to be changed from RDD to General Commercial. The property owners have not been notified of this proposal in case this Commission decided not to pursue the rezoning. Mr. Clark surmised most of the property owners would be pleased with the flexibility of this zone. Mr. Nelson suggested pursuing this matter along with approval from the rest of the members. 3. Amendments to Section 5500, Sexually Oriented Business - This item was tabled. 4. City Council Update Mr. Clark reported that there is much discussion regarding the tower ordinance and defining some of its terminology. He commented that the height of towers, location and whether to require conditional use approval were being considered. He expected another draft of the ordinance would be circulated in the future. Vill. ADJOURN The meeting was adjourned at 5:10 p. m. PLANNING & ZONING COMMISSION February U, 2001 + PAGE 13 David Rhone, ATTEST: rman Steve §eese, City Plaftr ring Administrator . �/ /// A) Date bate PLANNING & ZONING COMMISSION February 14, 2001 * PAGE 14