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Planning and Zoning Commission Minutes - 08/14/2019MINUTES PLANNING & ZONING COMMISSION August 14, 2019 PRESENT: David Cook ♦ Member Rick Graham ♦ Member Blake Haney ♦ Member Krystal James ♦ vice -Chair Dan Leslie ♦ Alternate #1 Mark McBurnett ♦ SAFB 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 Pat Hoffman, Property Management Administrator Rita Miller, Code Enforcement & Housing Administrator Rick Branum, Development Review & Utility Coordination ABSENT: Jack Browne ♦ Member Anthony Inman ♦ Member Steve Lane ♦ Member Cayce Wendeborn ♦ Member Councilor Whiteley ♦ Council Liaison I. CALL TO ORDER The meeting was called to order by Vice -Chairperson, Ms. Krystal James, at 1:59 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 Commission 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 Planning and Zoning 2 August 14, 2019 microphone at the podium. This meeting is being taped and there is no microphone to record statements made from the audience. 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. NOMINATION & ELECTION OF CHAIRPERSON Vice -Chairperson James called for nominations. Mr. Blake Haney nominated Ms. Krystal James, Mr. Rick Graham seconded. There being no other nominations Ms. James called for a vote on the nomination, Ms. Krystal James for Chairperson, passed unanimously. IV. NOMINATION & ELECTION OF LANDMARK LIAISON Chairperson James called for nominations. Ms. James nominated Mr. Blake Haney, Mr. Dan Leslie seconded. There being no other nominations Ms. James called for a vote, vote was unanimous for Blake Haney as the Planning & Zoning liaison on the Landmark Commission. V. PUBLIC COMMENTS Ms. James asked if there were any comments from the public. With no response, Ms. James closed public comments. VI. APPROVAL OF MINUTES Mr. David Cook made a motion to adopt the July 10, 2019 minutes. Mr. Blake Haney seconded the motion. The motion was passed unanimously. VII. CONSENT AGENDA Final Plat 1. Park Place Subdivision, Lot 5-13, Block M & Lot 1-A, Block N Mr. David Cook made a motion to approve the consent agenda, Mr. Dan Leslie seconded, motion approved. VII. REGULAR AGENDA 1. Case C 19-19 — 1526 Iowa Park Road: Request for a conditional use to allow a 165 ft. monopole communication tower in a Light Industrial (LI) zoning district. Applicant: Star Towers, LLC Planning and Zoning 3 August 14, 2019 Mr. David Cook made a motion for staff to present the case, Mr. Blake Haney seconded. Mr. Fabian Medellin presented the case and stated staff had been working with the applicant, Star Towers, LLC for a couple of months on a proposal for a communications tower. He stated the FCC along with THC ad the Landmark Cornmission had looked at the proposed property site at 1526 Iowa Park Road and determined there is no detrimental impact on landmarks or historical sites. Mr. Medellin also advised the FAA has concluded there is no hazard to flight navigation. Staff has also worked with liaisons from Sheppard Air Force Base and the City's Aviation department in which it was determined there would no detrimental impact on flights at Sheppard, Municipal Airport or Kickapoo Airport. The proposed location is at 1526 Iowa Park Road, which is located near the center of Wichita Falls at the intersection of Central Freeway and Iowa Park Road. The current use for the subject property is manufactured home sales. The adjacent lots to the north are undeveloped land, to the east is a manufacturing facility. To the west is central expressway and to the south is the railroad, and further south are more manufacturing facilities. The proposed cell tower site is going to be in a 50 ft. X 50 ft. leased area on -the Nunn's Manufactured Homes lot in the north east corner of the property with a dedicated access drive of 25 ft. From Iowa Park Road to the lease area. The tower will be enclosed by a fence only accessible through a locked gate. Iowa Park Road and Central Freeway are both listed as major collectors on the city's thoroughfare plan therefore, the tower will have setback of 378 ft. from Iowa Park Road and 511 ft. from Central Freeway. The tower is to be located 25 ft. to the adjacent property to the north and west. There are three setback requirements listed in sec. 5910 that will need to be met. The first is based on distance from residential district or use. For a tower of 100 feet it is required to have a setback of at least 300 feet from that nearest district or use. For each foot over 100 feet it must be setback an additional foot. For this proposal a setback of 365 feet is required. The nearest district boundary is 609 feet away which is Central Freeway right-of-way. The nearest residential use is about 1,000 feet away. The second setback requirement is setbacks from the road. This setback requirement is based on road classifications. A setback of 100 feet from a major collector or higher. Iowa Park Road is classified as a major arterial under the city's thoroughfare plan and is setback 378 feet from that roadway. Central Freeway under the city thoroughfare classification (freeway) setback is 511 feet. The third setback requirement is from adjacent properties however, in sec. 5910 it does allow for consideration in reduction of that setback requirement with additional documentation From engineers outlining specific fall characteristics ensuring it remains on -site in the event of collapse. Star Towers has submitted such documentation and it ensures in the event of a collapse it would crumple about 86 feet and fall over and hang on itself while staying on the subject site. Planning staff mailed notices to 4 property owners with no responses received. Staff recommended approval of this request for a 165 ft. communication tower at 1526 Iowa Park Road with the following conditions: 1. The property must be platted prior to the issuance of a building permit. 2. Obtain all necessary permits and licenses in accordance with city ordinances or adopted building codes. Planning and Zoning 4 August 14, 2019 3. Any additional site improvements or developmental requirements will be subject to the site plan review process. Ms. Krystal James asked if the applicant was present and would like to speak. Mr. Alan Scivally with Star Towers, LLC advised he would obtain necessary permits, renewals and approvals. He also stated he was available to answer any questions. Ms. James asked if anyone else present would like to comment. With no response the discussion was open to the commission. No comment from the commission Chairperson James called for a vote. Motion passed unanimously. 2. Case C 19-26 — 616 Cartwright Road: Request for a conditional use to allow a manufactured home as in -fill development in a Single family — 1 Residential (SF-1) zoning district. Applicant: Shawn Miller Mr. David Cook made a motion for staff to present the case, Mr. Blake Haney seconded. Mr. Skyler Henricks presented the case and stated the applicant, Shawn Miller started working with staff approximately 6-7 months ago however, Mr. Miller was only looking to purchase a single wide home. At this time Mr. Miller has decided to move forward purchasing a double wide home to place on the subject property owned by a family member. The subject property is 616 Cartwright Road located in the northwest area of Wichita Falls, west of Interstate 44 in Single Family — 1 zoning district. Mr. Henricks stated the setback distance to interior side property line would be 21 ft. and 21 ft. and 78 ft. from the front property line. Mr. Henricks stated in this Single Family — 1 zoning district there are many vacant lots, manufactured homes and single family residential structures. Planning staff notified 14 property owners and had 3 responses all opposed. All opposed were from the same owner of multiple properties. Mr. Henricks stated staff recommended approval of this Conditional Use request for the placement of a manufactured home at 616 Cartwright Road with further site plan review by Planning and Building inspections at the time of permitting for construction to verify conformance with Sec. 5615 (Manufactured Homes as In -Fill Development) and all other applicable development and building code. Ms. James asked if the applicant was present and wished to comment, then asked if anyone else was present and wished to comment. With no comment Chairperson James opened to discussion by committee. No comments or questions from the committee, Ms. James called for a vote, motion passed unanimously. 3. Case C 19-27 — 3804 Iowa Park Road: Request for a conditional use to allow a manufactured home as in -fill development in a Residential Mixed Use (RMU) zoning district. Applicant: Alejandra Nunez Planning and Zoning 5 August 14, 2019 Mr. David Cook made a motion for staff to present the case, Mr. Blake Haney seconded. Mr. Henricks presented the case and stated the applicant, Alejandra Nunez is requesting to place a manufactured home on the lot they own at 3804 Iowa Park Road located in the north central area of Wichita Falls at the intersection of Iowa Park Road and City View Drive. The manufactured home is 32 ft. X 74 ft. and will be placed 80 ft. from Iowa Park Road and 80 ft. from City View Drive. The subject property is in a Residential Mixed Use district across the street from City View Elementary also located near industrial uses and the railroad. Mr. Henricks stated staff notified 9 property owners receiving only one response, it being in opposition. Also Mr. Henricks advised there are currently no other manufactured homes in this area. Staff recommended approval of this Conditional Use request for the placement of a manufactured home at 3804 Iowa Park Road based on compliance with development conditions and with further site plan review by Planning and Building inspections at the time of permitting for construction to verify conformance with Sec. 5615 (Manufactured Homes as In -Fill Development) and all other applicable development and building code. Ms. James asked if the applicant was present and wished to comment. Ms. James then asked if anyone else was present that wished to comment. Mr. Cyril Schroeder, who owns the duplex where the applicant is a tenant stated he has concerns with a manufactured home at the entry to City View that it will depreciate the neighborhood and it will not appreciate over time. Mr. Schroeder request the commission turn down -the conditional use and require an on -site home be constructed. Mr. Graham asked how close the duplex was to the subject property. Mr. Schroeder demonstrated where is property was located. Mr. Haney asked if the duplexes are fully occupied. Mr. Schroeder advised yes. More discussion among commission members. Ms. James called for a vote, motioned unanimously failed. The chairperson indicated if the applicant does not agree with the commission's decision, an appeal could be submitted to City Council which must be filed within 10 calendar days from today's meeting. 4. Case C 19-28 — 3600 Iowa Park Road: Request for a conditional use to allow the conversion of an existing convenience store office space to a commissary kitchen (central preparation facility) in a Residential Mixed Use (RMU) zoning district. Applicant: Jose Hinojosa Mr. Rick Graham made a motion for staff to present the case, Mr. Blake Haney seconded. Mr. Fabian Medellin presented the case and stated the applicant, Jose Hinojosa had met with city staff in a predevelopment meeting and advised he owned and operated a food truck, Don Chuy's Taco's and Salsa and also leased and operates the convenience store on the same lot. At this time Mr. Hinojosa would like to expand his business and begin operating a second food truck on the Planning and Zoning 6 August 14, 2019 subject lot. It is required that he have a central storage and food prep area. The subject property is at 3600 Iowa Park Road, located in the northwest part of Wichita Falls at the intersection of Iowa Park Road and Harris Lane. The subject property is surrounded by Residential Mixed Use (RMU), Single Family — 1 and 2 and also Light Industrial (LI) districts. Mr. Medellin stated when staff looked at the impact of converting this convenience store to a commissary kitchen it was found to have little to no negative impacts on surrounding properties. This kitchen will not be open to the general public, only employees. Mr. Medellin advised staff notified 9 properties with only one response received and that was in favor. After consideration of the current use and proposed use, staff recommends approval of this Conditional Use Permit request for 3600 Iowa Park Road to convert an existing convenience store office space into a 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 additional site improvements or developmental requirements will be subject to the site plan review process. 3. 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 comment or if anyone else would like to comment. Ms. James opened to commission, no discussion. Ms. James called for a vote, motion passed unanimously. 5. Case R 19-02 — 1705 11th Street: Public hearing and consideration of a request to rezone +/- 0.36 acres of land located at 1705 11th Street (Lot 2, Block 8, Southland Addition) and abutting right-of-way from Single Family - 2 (SF-2) to Limited Commercial (LC) to allow the property to be used as accessory parking for an adjacent medical office; and amending the Land Use Plan to change the area from Low Density Residential to Light Commercial. a) Public Hearing b) Take Action Applicant: Ronald & Karen Brake Chairperson Krystal James opened the public hearing at 2:35pm. Mr. David Cook made a motion for staff to present the case, Mr. Rick Graham seconded. Ms. Karen Brake, owner of 1705 11 th Street stated shortly after the purchase of the property code enforcement had condemned the property. Ms. Brake stated she is opting to have the structure demoed and would like to use as parking for adjacent medical office. Mr. Medellin presented the case and stated the structure on the property was beyond repair being over a hundred years old and demolition was recommended by city code enforcement. Mr. Medellin stated IVIs. Brake was contacted by the Planning and Zoning 7 August 14, 2019 owner of the medical office adjacent to this property about using the property as a parking facility. The property is located centrally in Wichita Falls at the intersection of Brook Avenue and llth Street. To the east is the medical office, Wichita Falls Gastroenterology and Associates that the proposed parking would be used for. Mr. Medellin stated when staff receives a proposal to rezone longevity is a contributing factor as well as immediate impacts on surrounding properties. One factor to lower the impact on the residential area would be to have screening around the parking lot as well as landscaping. Staff looked at the impact of the thoroughfare plan on 11th Street, which is listed as a major collector, with the focus on the intersection of Harrison and Brook Avenue. Currently there is a mix of development in that area with medical offices, to the far west civic uses with Lamar Baptist Church to multi- family development with The Alamo under construction. With the mix of uses staff believed long term there would be potential to transition to more commercial or mixed development similar to 9th and loth Street. This rezone proposal is in line with the surrounding areas and staff believed this would be the correct process for further development of the subject property. Staff notified a total of 16 property owners within a 200 foot radius. A total of 8 responses were received with 7 in favor and 1 in opposition expressing concern over egress and ingress of property and concerns for pedestrians and motorist. Mr. Medellin stated upon approval staff would approve a safe layout of the parking lot for pedestrians and motorist. Mr. Medellin stated staff recommended the approval of the proposed rezoning request of +/- 0.26 acres at 1705 11th Street and the abutting +/- 0.1 acres of 11th Street and alley right-of-way to Light Commercial (LC), and amending the Land Use Plan designation of Low Density Residential to Light Commercial. Ms. James closed the public hearing at 2:42pm and opened the discussion to Commission members. Ms. James asked about screening. Mr. Medellin stated screening would be required between residential areas to the west and south of the property. Ms. James asked if there were any concerns about traffic through alley. Mr. Medellin stated it was a concern, that staff had designed angled parking with the goal to keep traffic from residential section of the alley. With no further questions or comments Ms. James called for a vote. Motion passed unanimously. Vlll. OTHER BUSINESS — CITY COUNCIL TA 19-02 — Postponement of presentation for consideration to City Council. Ms. Karen Gagne stated she wanted to give an update on the residential density item and that it would not be presented to the City Council until after budget hearings. IX. ADJOURN Planning and Zoning 8 August 14, 2019 The meeting adjourned at 2:46 p.m. 71M Krystal .tames, Chairperson ATTEST, Karen Montgomery-$agne, D JQ Date cc) - I nity Development Date