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Planning and Zoning Commission Minutes - 07/10/2019MINUTES PLANNING & ZONING COMMISSION July 10, 2019 PRESENT: Jack Browne ♦ Member David Cook ♦ Member Blake Haney ♦ Member Krystal James ♦ vice -Chair Steve Lane ♦ Member Dan Leslie ♦ Alternate #1 Mark MCBurnett ♦ SAFB Liaison Cayce Wendeborn ♦ Member Councilor Whiteley ♦ Council Liaison Jeremy Woodward ♦ Alternate #2 Paul Menzies, Assistant City Manager ♦ City Staff James McKechnie, Senior Asst. City Attorney Karen Montgomery -Gagne, Planning Administrator Fabian Medellin, Planner II Skyler Henricks, Planning Technician Bobby Teague, Assistant Community Development Dir. & Building Official ABSENT: Rick Graham Anthonv Inman I. CALL TO ORDER ♦ Member ♦ Member The meeting was called to order by Vice -Chairperson, Ms. Krystal James, at 2:00 p.m. Vice -Chairperson James proceeded to make the following comments: a. This meeting is being televised live on Channel 1300. It will be replayed at 2:00 p.m. daily including Saturday and Sunday until the next live meeting is aired which will be the second Wednesday of next month at 2:00 p.m. b. Motions made by the Comrrlission members include all staff recommendations and developmental requirements listed in the staff report. Any deviations will be discussed on a case -by -case basis and voted on accordingly. c. Applicants and citizens who wish to address the Commission or answer questions from the Commission members are asked to please speak into the microphone at the podium. This meeting is being taped and there is no microphone to record statements made from the audience. Planning and Zoning 2 July 10, 2019 d. Please silence all cell phones during the meeting. If it is necessary for you to have a cell phone conversation during the meeting, please use the hallway outside this room. II. ROLL CALL Commission Vice -Chairperson Krystal James roll called commission and staff members. III. PUBLIC COMMENTS Ms. James asked if there were any comments from the public. With no response, Ms. James closed public comments. IV. APPROVAL OF MINUTES Mr. Dan Leslie made a motion to adopt the June 12, 2019 minutes. Mr. Jack Browne seconded the motion. The motion was passed unanimously. V. CONSENT AGENDA Final Plat 1. Park Place Subdivision, Lot 5-B, Block M & Lot 1-A, Block N Mr. Medellin advised this plat has been withdrawn due to development requirements not being met. VI. REGULAR AGENDA 1. Case C 19-22 — 3105 Old Windthorst Road: Request for a conditional use to allow the conversion of a non- conforming use (auto repair) to a commissary kitchen (central preparation facility) in a Single Family-1 Residential (SF-1) zoning district. Applicant: Donald Melton Mr. Medellin presented the case and stated the property owner Mr. Donald Melton met with staff in regard to a proposal to convert an existing structure on his property, a carport into his central preparation facility to be used by his food truck that is being constructed. Due to the size and capabilities of food trucks the health department requires a central preparation facility used for storage and food prep. Mr. Medellin stated the property was located in southeast area of Wichita Falls, south of the Windthorst Road & US 287 intersection. Mr. Melton does reside on the property as well as leases two structures that are used as auto repair facilities in a single family-1 district. Mr. Medellin states Mr. Melton acquired the property in 1982, at that time this property was outside city limits. At that time he began operating wrecker/auto repair services. In 1989 the area was annexed as part of the city. Since Mr. Melton's commercial use was in existence prior to the annexation, he is allowed to continue that use in what is called a legal non- Planning and Zoning 3 July 10, 2019 conforming status and will be allowed to continue the use as long as there is no interruption of the current use for more than two years. Mr. Medellin advised staff notified 24 property owners in the surrounding area. Three notices were returned all in favor. Mr. Medellin stated section 6140 allows for the conversion of a legally non- conforming use to be converted to another non -conforming subject to the approval of a conditional use permit from the Planning & Zoning Commission subject to the outline tests and requirements: 1. A nonconforming use may be converted to another nonconforming use provided the noise, odor, refuse, traffic volumes and patterns, hours of operation, parking requirements and other factors are similar or less intense. 2. Under no circumstance may a nonconforming use convert to a less restrictive use category. Mr. Medellin stated while meeting with Mr. Melton pre -developmental requirements where discussed for the conversion. Public works addressed concern over an easement that went over the subject property. As long as Mr. Melton is outside of the easement there were no further concerns with increased usage of city water. The health department did have requirements for the conversion as listed.. 1. Addition of sinks; 2. Installation of a grease trap; 3. Use stainless steel work stations, 4. Provide commercial grade kitchen appliances Building inspections also had specific requirements to be met as well: 1. Installation of a firewall on the western wall; 2. Provide commercial electrical and plumbing; 3. Plans needed to secure a building permit Mr. Medellin stated consideration of -the current use and proposed use, staff recommends approval of this Conditional Use Permit request for 3105 Windthorst Road to convert the non -conforming use of an auto repair to another non- conforming use of central preparation facility with the following conditions: 1. Obtain all necessary permits and licenses in accordance with city ordinances, adopted building code and health code regulations. 2. Any proposed lights provided to illuminate any parking facility or paved area shall be designed to reflect away from any residential use and/ or public street. Planning and Zoning 4 July 10, 2019 3. Any additional site improvements or developmental requirements will be subject to the site plan review process. 4. If the non -conforming use is changed to a conforming use, such use shall not thereafter be changed to a non -conforming use. 5. Prior to initiating operations all developmental requirements, conditions, permits and licensing shall be reviewed, approved, constructed and inspected. Ms. James asked if the applicant was present and wished to speak, then asked if any others wished to speak, Mr. Donnie Melton, 3105 Windthorst Road, stated he has been in the food industry and was willing to conform to all requirements presented to run a clean operable business. Mr. Melton stated the food truck is being constructed by a manufacturing company and all equipment will be commercial. Ms. James asked if there was anyone else that wished to speak. With no further comments Ms. James closed the comments to the public and opened comments to the Commission. Ms. Wendeborn stated she commended Mr. Melton on trying to operate a food truck. With no further comments from the Commission, Ms. James called for a vote for the approval to convert the non -conforming use of an auto repair to another non -conforming use of central preparation facility at 3105 Windthorst Road. Motion passed unanimously. 2. Case C 19-23 — 3000 Hollywood Avenue: Request for a conditional use to allow a carport in the required side exterior setback in a Single Family-2 Residential (SF-2) zoning district. Applicant: Rose Linda Galvez Smith Mr. Henricks presented the case and stated the applicant, Rose Linda Galvez Smith met with staff inquiring about constructing a carport to protect her vehicles. Ms. Smith does not park in front of the home but rather inside her fence in the rear of the home therefore, the request is for the side exterior setback. The subject property is in the central west area of Wichita Falls west of Grant Street and Kemp Boulevard in a primarily single family-2 (SF-2) area. Mr. Henricks stated the property owner is requesting to build on the property line due to the large right-of- way on Hayes Street. Mr. Henricks stated staff mailed 24 notifications to surrounding property owners with a total of three responding in favor. There are multiple carports in the area that are constructed in the side exterior setbacks. Staff recommended the approval of this Conditional Use carport request for 3000 Hollywood Avenue with Further site plan review by Planning and Building Inspections at the time of perrnitting for construction to verify conformance with Sec. 4220 and all other applicable code and ordinances. Ms. James asked if the applicant was present and wished to speak, then asked if any others wished to speak, with no comments, Ms. James closed the comments to the public and opened comments to the Commission. No comments from the Planning and Zoning 5 July 10, 2019 Commission, Ms. James called for a vote for the approval to construct a carport located at 3000 Hollywood Avenue. Motion passed unanimously. 3. Case C 19-24 — 4123 Alpine Drive: Request for a conditional use to allow a carport in the required front setback in a Single Family-2 Residential (SF-2) zoning district. Applicant: Gonzalo Ibarra Mr. Henricks presented the case and stated the applicant, Gonzalo Ibarra on behalf of the owners, Harold & Sharon Pike met with staff about constructing a carport in the front setback at 4123 Alpine Drive. The subject property is located in the southeast area of Wichita Falls, east of Jacksboro Highway and west of US 281. Mr. Ibarra is requesting to build a 24 ft. X 24 ft. There are easements on both sides of the property however, staff has verified the carport would not be constructed in the easements. Mr. Henricks stated there was another carport directly across the street. The zoning is single family-2 (SF-2) abutting general commercial (GC) district. Staff sent 17 notices to surrounding property owners with a total of 4 responses received all in favor. Staff recommended the approval of this Conditional Use carport request for 4123 Alpine Drive with further site plan review by Planning and Building Inspections at the time of permitting for construction to verify conformance with Sec. 4220 and all other applicable code and ordinances. Ms. James asked if the applicant was present and wished to speak, then asked if any others wished to speak, with no comments, Ms. James closed the comments to the public and opened comments to the Commission. No comments from the Commission, Ms. James called for a vote for the approval to construct a carport located at 3000 Hollywood Avenue. Motion passed unanimously. 3. Text Amendment - TA 19-02: Public hearing to consider an ordinance amending the Code of Ordinances, Appendix B: Zoning, regarding the following regulations: 1) Creating a classification of detached single family dwellings based on habitable space square footage; 2) Conditionally allow for dwelling, single family, detached limited (a) Public Hearing (b) Take Action Ms. James declared the public hearing open at 2:21 pm. Mr. Fabian Medellin stated city staff are always looking for ways to improve the city. In the strategic plan adopted by City Council there are two specific goals outlined for planning staff, revitalize declining Planning and Zoning 6 July 10, 2019 neighborhoods and enhancing public outreach and engagement. Staff researched and discovered there are a lack of ordinances for the city regulating new residential developments. Currently there are no ordinances outlining minimum habitable square footage for residential developments. Mr. Medellin stated this had been brought before the Commission previously however, staff had revamped the previously proposed amendments. The amendment is needed because presently there are no guidelines in place to set a standard and protect the existing neighborhoods from new infill developments specifically tiny homes in established neighborhoods. Staff has revised the amendment; rather than having a minimum square footage staff proposed having different classifications, an above and below base line. Mr. Medellin stated staff would like to amend our current definition for dwelling, single family, detached homes to encompass homes over 700 square feet and create a new term, dwelling, single family, detached limited, to identify homes with less than 700 square feet of habitable space. Mr. Medellin advised staff determined a baseline standard square footage by examining all eleven zoning districts allowing dwelling, single family, detached homes. Of the 32,448 homes in the eleven districts 95% of the homes are within four zoning districts: • Single Family-1 (SF-1) • Single Family-2 (SF-2) • Residential Mixed Use (RMU) • General Commercial (GC) The number of homes above seven hundred square feet begin to increase significantly as compared to the number of homes below. With a baseline of seven hundred square feet only 1.7% (542) of the existing homes are below the mark. This will allow staff to clearly identify homes that are significantly distinguishable from the existing housing stock. This distinction will also allow for existing homes under the proposed base line to remain legally conforming to the zoning ordinance. With the classifications created, staff is proposing to allow the dwelling, single family, detached, limited homes conditionally within the eleven zoning districts through the conditional use permit process. By granting the authority to the Planning and Zoning Commission, staff believes the details of the proposal can be examined for its potential to change the character of a neighborhood. With the conditional use process, the neighboring properties within 200 feet will be notified, and asked for their participation in providing feedback of their questions, concerns, as well as being invited to the commission meeting. By engaging the neighborhood the commission will gain insight into the neighborhoods concerns or support of a new dwelling under seven hundred square feet. This process will still allow for diverse and unique residential development opportunities throughout the city along with affordable housing. Staff, in an effort to be proactive in the acknowledgement of smaller home trends and its potential impact on neighborhoods, recommends these zoning ordinance amendments. Staff are seeking a unanimous vote from the Planning and Zoning Commission favorably recommending the amendment to proceed with presentation of the amendments for consideration to City Council. Planning and Zoning 7 July 10, 2019 Ms. James asked if there were any comments from the public. Mr. Jose Garcia, 1415 34th Street stated he did not see the need to have building restrictions. At this time there is no building going on inside city limits. He stated all building was going on outside the city such as, Lakeside City and these restrictions would only hurt builders and property owners looking to build. Mr. Garcia stated this amendment would not profitable and restrictions should not be in place to take jobs from people like him. Ms. James asked if there was anyone else that wished to speak, with no further comments Vice -Chair James declared the public hearing closed at 2:32pm. Ms. Wendeborn made a motion and Mr. Browne seconded. Ms. James asked if there was anyone who wished to make a presentation. Ms. James stated the case was closed for public discussion and opened for discussion by the Commission. Ms. Wendeborn stated she is known for wanting to keep investments and neighborhoods intact and that she didn't believe a size restriction would limit building. She stated Lakeside City did not even have code enforcement so they could not be compared to Wichita Falls. She is for the ordinance and believes this would help the city and staff maintain structures wanted in certain areas. Mr. Cook stated he believed this to be a good thing, that it was less restrictive and gave more options and opened up doors. Mr. Browne stated only 5 homes built in the last 10 years under 700 square feet and this was great way to keep neighborhood integrity. Commissioner asked if this would include mother-in-law suites. Mr. Medellin advised they would not as they are not a primary structure. Mr. Steve Lane, still torn about. Feels it is more restrictive to builders due to the fact someone would have to come before the Planning & Zoning Commission to get an approved Conditional Use to build a tiny home. Being that there have only been 5 homes built in the last 10 years he did not believe this was needed. Ms. James asked if there was any further discussion, with no further comment Vice - Chair James called for a vote. Motion passes 5-3, nays from Mr. Steve Lane, Mr. Jack Browne and Ms. Krystal James. Vill. ADJOURN The meeting adjourned at 2:42 p.m. nrystai lames, vice-uriairpersun ATTEST: I�IAA_ a l Date l Karen ontgom ry-Ga 4 of Community Development Date