Planning and Zoning Commission Minutes - 12/12/2001ql I
MINUTES
PLANNING & ZONING COMMISSION
C 71 > T 1
PRESENT:
David Rhone, Chairman
• Members
Cliff Berg
•
Ken Birck
•
L. . Nelson
•
Susan Wood Reeves
•
Danny Richardson
•
Bill Rowland (did not stay for meeting — lack of seating)
•
Rusty Sons
•
J. C. Bradberry
• Alternate #1
Jim Chase
• Alternate #2
Johnny Burns, Councilor • Liaison
Steve Seese, Planning Administrator • staff
Marty Odom, Planner I •
ABSENT:
Lin Purtle •
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. Sons made a motion to approve the November 14, 2001 minutes; Mr. Richardson
seconded the motion. The minutes were approved with a unanimous vote in favor.
IV. CONSENT AGENDA
Preliminary Plats — none submitted.
PLANNING & ZONING COMMISSION
DECEMBER 12, 2001 • PAGE 11
11
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:
• Provide utility and drainage easements as required by utility companies and the
Director of Public Works.
• Submit water and sewer plans; street; sidewalk; and drainage In to the
Director of Public Works and water plans to the Fire Marshall. 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, if underground electric utilities are to be
provided.
Recommend approval subject to standard conditions and any specific conditions listed
below:
1. Jefferson Park Addition, Lot 1 (Dec.'01)
a. Submit utility slips.
b. Show building limit line along Johnson Road.
c. Additional easements may be required. (TXU)
d. Comply with current requirements of stormwater detention ordinance.
(PUBLIC WORKS)
Note: This tract lacks street frontage. It is part of a land exchange between the City
and the WFSID and this plat is for conveyance proposes only. This property will
be replatted with adjacent lands that have street frontage.
2. Stone Lake Estates, Phase 3, Lot 5, Block 20 (Dec. '01)
a. Provide utility slips.
b. Provide surveyor's signature and seal.
c. Correct building limit line along Stone Lake Drive. Line is drawn at 25' but is
labeled as 40'.
d. This lot is zoned Single Family-2. A church use will require a conditional use
permit.
e. Extend sewer to serve lot. (PUBLIC WORKS)
f. Extend water to serve lot. (PUBLIC WORKS)
g. Comply with current requirements of the stormwater detention ordinance.
(PUBLIC WORKS)
Mr. Richardson made a motion to approve the Consent Agenda; Mr. Bradberry
seconded the motion. The Consent Agenda was approved with a unanimous vote in
favor.
PLANNING & ZONING COMMISSION
DECEMBER 12,2001 * PAGE 2
V. REGULAR AGENDA
1. Rezone from SF-2 to IVIF
2912 & 2914 Radney
Case R 01 -11
Applicant ....................................... John Buckley, Board of Director of Fountain Park
Pool, Inc.
Requested Action ................ ....... Rezoning from SF-1 to MFR
Purpose ........................................... Future Commercial Development
Property ................... .......................... 2912 & 2914 Radney Lane
Legal Description ................. ....... 2912 Radney, being the South 75 ft. of Lot 9, Block
19, of the 2nd Supplement, Fountain Park 2A1,
Addition to the City of Wichita Falls, Wichita County,
Texas
2914 Radney, being the north 208' Ft of Lot 9, Block
19, of the 2nd Supplement, Fountain Park 2A1,
Addition to the City of Wichita Falls, Wichita County,
Texas.
Existing Land Use ........................... Fountain Park Pool, pool house, pool and associated
parking
Surrounding Land Uses & Zoning N: Residences, SF-1
E: Residences, SF-1
S: Rolling Meadows, MFR
W: Rolling Meadows, MFR
Analysis:
The property owners, Fountain Park Pool, Inc., are requesting rezoning from SF-1 to
Multifamily for this tract of land containing the Fountain Park pool, pool house and
associated parking. In October 2000, the south 134 feet of the Fountain Park Pool
property was rezoned to Multifamily Residential and sold to Rolling Meadows. The
applicant's are closing the pool and selling the pool facilities, as they can no longer
operate at a profit. It is the applicant's plan to sell the property to Rolling Meadows.
Rolling Meadows stated that they would fence the property by using a metal fence
matching the existing. When they acquired the previous tract in 2000 Rolling Meadows
applied for a variance to continue with the metal fencing rather than the required wood.
A variance was granted on November 2000 permitting the metal fence. However, the
fence was not installed within 180 days after approval, and the variance approval has
lapsed.
a. Chanced 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 pool has ceased operation and is selling
their land to Rolling Meadows. According the present owners, the pool membership
income no longer covers the operating expenses. The only changed condition in the
PLANNING & ZONING COMMISSION
DECEMBER 12,2001 • PAGE 3
neighborhood has been the rezoning of the property to the south to Multifamily last
year.
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 this tract as Open
Space, based on the existing Fountain Park Pool. Although the Plan shows an
Open Space designation, the tract is presently zoned Single Family-1. The Land
Use Plan should be amended to designate this lot "High Density Residential."
c. The nature and -dearue of imoact Won neigh bo[jn�land�s: The major change
anticipated by this rezoning will be the planned construction of a metal fence along
the property line adjacent to the street, most affecting the view of the adjacent
neighbors.
Since the previous variance to construct a metal fence has expired, a new application
must be approved before any metal fencing can be installed.
Recommendation:
Staff has some concerns about the visual impact of this development, because of the
planned fence. If the fence is built as planned at least three homes will have a view of a
metal fence along the street opposite their homes. However, that concern cannot be
addressed in a rezoning request.
Staff is more concerned about the compatibility of a multifamily use in an area
historically a single-family neighborhood. If this property would be an extension of the
Rolling Meadows facility used for parking or open space, there should be a low impact
as to noise and traffic. If however, there develops another apartment complex,
especially a multi -story structure, the impacts could be substantial.
Due to the concerns listed above, staff recommends disapproval of this request.
Mr. Sons made a motion to recommend approval to City Council of this rezoning; Mr.
Chase seconded the motion.
Mr. Seese recommended the applicant rezone this property to Planned Unit
Development (PUD).
Twenty-one surrounding property owners were notified of this request. One (1) replied
in favor, twelve (12) were opposed, and eight (8) outside the notification area
ssubmitted opposing replies.
Chairman Rhone asked the applicant if he would be interested in tabling his request.
Mr. John Canberra, applicant representing the board of directors for Fountain Park Pool,
Inc., stated the pool is financially unable to continue operations. He stated he was not
ar aware of the option of a PUD,
PLANNING & ZONING COMMISSION
DECEMBER12,2001 ® PAGE
Mr. Seese explained the requirements for the zoning change to a PUD. Mr. Berg asked
if the site plan must be submitted when the application is filed for a PUD. Mr. Seese
commented that a conceptual site plan would suffice. Ms. Reeves asked if a PUD has
the same fencing requirement; Mr. Seese replied there would be other options. Tabling
the rezoning case was discussed.
Mr. Henry Dvorkin, buyer and chairman of the board of Rolling Meadows, objects to
having this case withdrawn (tabled). Mr. Buckley stated he wished to proceed with the
rezoning application. Mr. Dvorkin described the single -story cottage expansion planned
for this property. He also claimed that Rolling Meadows was the only logical buyer and
the property does not lend itself for efficient development. He asked the homeowners to
not stand in the way of reasonable progress. Mr. Nelson commented that this
Commission must consider that today's intentions for the use of this land after it is
rezoned could change in the future. He also noted another concern was that the
homeowners would still be looking at a fence if cottages were built.
Mr. Otto Jones, 4303 Sutton, expressed concerns regarding the fence, and the fact that
other land uses would not be desirable. He also mentioned there might be other
interested buyers. When questioned, Mr. Jones stated cottage -style buildings would not
be objectionable.
Mr. Harold Apple, 2913 Radney, stated he was directly across the street from the
driveway of the property. He commented that cottages would be agreeable but multi-
story buildings would not be favored. He further stated that as long as the rezoning
does not specifically require single story then he and other neighbors would be
opposed.
Mr. Dvorkin stated he would not be pleased with multi -storied buildings across the street
from his house. He commented the intention is to build four units, or two duplexes,
resembling the current buildings. He asked if the Commission could place restrictions
to permit only single to buildings. Mr. Seese stated that was the purpose of
suggesting a zoning change to PUD. Mr. Dvorkin asked about the fencing problem; Mr.
Seese responded that it would be resolved.
Mr. Lane Landis, 4307 Sutton Circle, stated that Rolling Meadows has erected a metal
fence behind his house which is not only an eyesore, but also has created a drainage
problem.
Major Matt Coons, 3003 Radney Lane, stated he recently purchased the home across
from the pool. He mentioned his concerns were the rezoning to multii-family,
consideration of using the property as a greenbelt, the fence, difference in roof line
pitch, and security. He also commented that the area Councilor, Linda Ammons, and
Jack Murphy, Director of Parks, attended a recent neighborhood meeting where they
made suggestions for other uses of that property.
PLANNING & ZONING COMMISSION
DECEMBER12,2001 • PAGES
Mr. Buckley withdrew the rezoning application.
2. Proposal to Rename a Portion of Lake Park Drive to Taft Boulevard
This is a proposal to rename a portion of Lake Park Drive to Taft Boulevard.
Analysis:
In 1985, Taft Boulevard was extended across Southwest Pkwy and connected with
Lake Park Drive. In 1992, the bridge on Lake Park Drive crossing Holiday Creek was
removed to accommodate the Holliday Creek improvement project. This left a
continuous single street from Southwest Pkwy. to FM 2380 (Old Lake Rd.). A small
portion of this street is named Taft Blvd. and the remainder is named Lake Park Drive.
At present there is no distinct indicator as to where Taft Blvd. ends and where Lake
Park Dr. begins. Staff feels that the best solution to this problem is to officially change
the name of Lake Park Drive to Taft Boulevard.
Presently, there are 19 lots along Lake Park Dr. that have a Lake Park Dr. street
address. Most are vacant undeveloped lots. There are three lots with houses. One lot
has a house currently being built. These existing residents will have to change their
dress, however, the house numbers will remain the same and only the street name
will change.
Mr. Berg made a motion to recommend approval to City Council to rename this street to
Lake Park Drive. Mr. Sons seconded the motion.
There was discussion of the naming of this street and its history. Councilor Burns
commented that when Holliday Creek was constructed, it divided Lake Park Drive.
The vote was unanimous in favor of recommending approval of this name change.
VI. OTHER BUSINESS
1. Amendments to Section 4600, Zoning Ordinance
Screening Regulations
Mr. Seese stated that recently three cases have been presented to the Zoning Board of
Adjustments because of problems with this ordinance. There are some unfair
provisions not allowing adaptations to some situations. These changes will make this
ordinance more permissive by allowing alternate fencing materials and, in certain
instances, not requiring fencing.
Mr. Sons made a motion to recommend approval to City Council to amend Section 4600
of the Zoning Ordinance; Mr. Richardson seconded the motion. The recommendation
was passed with a unanimous vote in favor.
PLANNING & ZONING COMMISSION
DECEMBER 1, 2001 • PAGE 6
2. City Council Update — there were no items
VII. ADJOURN
The meeting was adjourned at 2:55 p.m.
David Rhone, Chairman
ATTEST:
Date
Steve Seese, City Planning Administrator Date
PLANNING & ZONING COMMISSION
DECEMBER 12, 2001 • PAGE 7