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Planning and Zoning Commission Minutes - 09/11/2019MINUTES PLANNING & ZONING COMMISSION September 11, 2019 PRESENT: David Cook Rick Graham Michael Grassi Blake Haney Anthony Inman Krystal James Jeremy Woodward Cayce Wendeborn Councilor Whiteley Paul Menzies, Assistant City Manager Terry Floyd, Community Development Services Director 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. Pat Hoffman, Property Management Administrator Rita Miller, Code Enforcement & Housing Administrator ABSENT: Jack Browne Steve Lane Dan Leslie Mark McBurnett I. CALL TO ORDER & Building Official ♦ Member ♦ Member ♦ Alternate #2 ♦ Member ♦ Member ♦ Vice -Chair ♦ Alternate #1 ♦ Member ♦ Council Liaison ♦ City Staff ♦ Member ♦ Member ♦ Alternate #1 ♦ SAFB Liaison The meeting was called to order by Chairperson, Ms. Krystal James, at 2:00p.m. 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 September 11, 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 Chairperson Krystal James roll called commission and staff members. Ill. NOMINATION & ELECTION OF CHAIRPERSON Chairperson James called for nominations for Vice -Chair position. Mr. Blake Haney nominated Mr. David Cook, Ms. Cayce Wendeborn seconded. Ms. James called for a vote on the nomination, Mr. David Cook for Vice -Chairperson passed unanimously. IV. PUBLIC COMMENTS Ms. James asked if there were any comments from the public. With no response, Ms. James closed public comments. V. APPROVAL OF MINUTES Mr. David Cook made a motion to adopt the August 14, 2019 minutes. Mr. Blake Haney seconded the motion. The motion was passed unanimously. VII. REGULAR AGENDA 1. Case C 19-29 — 1722 Cimarron Trail: Request for a conditional use to allow retail trade in a Limited commercial (LC) zoning district. Applicant: Eric Kennedy/Red Barn Butchers, LLC Ms. Cayce Wendeborn made a motion for staff to present the case, Mr. David Cook seconded. Mr. Fabian Medellin presented the case and stated Mr. Eric Kennedy is the owner and operator of Red Barn Butcher's, LLC and currently located on Kell Boulevard. Mr. Kennedy also owns the subject property located at 1722 Cimarron Trail. Mr. Kennedy is looking to expand his business and has worked with city staff regarding his proposal for the subject property. The first step for allowing Mr. Kennedy to operate is approval of the land use. The subject property is a commercial structure in a Limited Commercial (LC) district located in the northwest area of Wichita Falls off of US 287 and east of the 287/City View intersection. To the north is a vacant/undeveloped General Commercial (GC) lot. To the east is a Multi -Family development in a General Commercial (GC) district. To the south and the west is a residential subdivision. Separating the residential districts from the post commercial use is a channel that is owned and maintained by the Wichita County Water Improvement District. Planning and Zoning 3 September 11, 2019 In the pre -development meeting with Mr. Kennedy staff addressed the nonconforming status of the last use of the structure which was a convenience store that ceased to operate in 1996. The legal nonconforming status ceased in 1998 thus Mr. Kennedy had to apply for a conditional use to allow for his proposed use. In addition to the proposed land use the nonconforming site elements would need to be brought up to current standards, specifically the parking lot and landscaping. Mr. Kennedy would need to provide sufficient parking for his proposal that meets the standards for materials used, number of stalls provided and layout in accordance with section 6200. Mr. Medellin also stated staff looked at potential negative impacts during the predevelopment meeting where Mr. Kennedy advised he would operate in a similar form and fashion to his existing business currently in operation from 9am — 6pm Monday through Saturday. The business type is retail, a butcher shop basically grab and go. You would come in grab your cut of meat for purchase and leave. Due to this staff believes there would be minimal noise impact to surrounding districts and uses. Traffic was also considered and staff believes traffic to the site will be accessed through the freeway with little from patrons in the subdivision to south and the west with most patrons using the freeway. Mr. Medellin stated staff sent 21 notices to surrounding property owners within a 200 ft. notification area. Four replies were returned, 3 in favor and one undecided. The undecided vote was only marked as such because they were not certain which retailer would be coming. Staff tried to reach out to the citizen unfortunately, there was not a response received. Mr. Medellin stated after consideration of the proposed use, staff recommends approval of this Conditional Use Permit request for 1722 Cimarron Trail to allow for retail trade in a Limited Commercial (LC) zoning district with the following conditions.- 1 Obtain all necessary permits and licenses in accordance with city ordinances, adopted building code and health code regulations. 2. Bring all non -conforming site elements into compliance with current codes to include parking and landscaping. 3. Comply with parking lot materials, quantity, and design standards outlined in Section 6200. 4. Any additional site improvements or developmental requirements will be subject to the site plan review process. 5. Comply with all special conditions unique to development in a Limited Commercial (LC) zoning district to include limitations of hours of operation and signage. 6. Prior to initiating operations all developmental requirements, conditions, permits and licensing shall be reviewed, approved, constructed and inspected. Planning and Zoning 4 September 11, 2019 Ms. Krystal James asked if the applicant was present and would like to speak. The applicant was not present. Ms. James asked if anyone else present would like to comment. With no response the discussion was open to the commission. Ms. James stated case was clear cut and stated positive addition to the neighborhood. Commission Chairperson James called for a vote. Motion passed unanimously. 2. Case C 19-30 — 4873 Huntington Lane: Request for a conditional use to allow a manufactured home as accessory dwelling unit in a Single family —1 Residential (SF-1) zoning district. Applicant: Thomas Poage Ms. Cayce Wendeborn made a motion for staff to present the case, Mr. Blake Haney seconded. Mr. Skyler Henricks presented the case and stated the applicant and owner, Mr. Thomas Poage owns two lots adjacent to each other, 4915 & 4873 Huntington Lane. Mr. Henricks stated in 2017 Mr. Poage had applied for a conditional use and was approved however certain things came up and the conditional use expired before the work could be completed thus, Mr. Poage is re- applying. At this time Mr. Poage would like to have the manufactured home as an accessory dwelling unit on the lot. Initially Mr. Poage submitted the application for lot 4915 Huntington Lane and then decided to have the accessory dwelling unit on lot 4873 Huntington Lane. The subject property is located in the northwest part of Wichita Falls near the prison and race tracks, north of Northwest Freeway in a primarily single family-1 rural area. The subject lot is approximately 550 ft. X 1400 ft. in length. Only a small area at the front of the subject property is in use. Mr. Poage is proposing to place a 70 ft. X 31 ft. manufactured home on the subject property with a front setback of 266 ft. from existing residential home and 40 ft. side setbacks. Mr. Henricks advised one restriction of having a secondary structure on the property is that it would have to be smaller than the primary structure. The proposed manufactured home is slightly smaller at 2,160 sq. ft. and the primary at 2,173 sq. ft. Mr. Henricks advised staff mailed notices to 7 property owners within the 200 ft. notification area with 2 responses, both in favor. Staff recommends approval of a conditional use for a manufactured home at 4873 Huntington Lane with the following conditions. 1. The manufactured home meets the requirements of Section 5600 for in -fill manufactured housing of the zoning ordinance for manufactured housing. 2. The manufactured home is placed on the property meeting minimum setbacks, *(buildings are not allowed to be constructed over property lines) 3. The proposed manufactured home must be smaller than the primary residence. Ms. James asked if the applicant was present and wished to comment, the applicant was not present and there were no comments. She then asked if anyone Planning and Zoning 5 September 11, 2019 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 R 19-03 — 3105 — 3117 Avenue S & 0 Kell Boulevard: Public hearing and consideration of a request to rezone +/- 7.73 acres of land located at 3105 — 3117 Avenue S (Lot 1-5 less ROW, Lot 6-9 & Closed 20 ft. alley, Block 8, West Side Addition), 0 Kell Boulevard (Parts of Lots 10-12, Block 8, West Side Addition) and abutting right-of-way from Limited Commercial (LC) to General Commercial (GC) to allow for the expansion of commercial land uses; and amending the Land Use Plan to change the area from Low Density Residential and Light Commercial to Commercial. a) Public Hearing b) Take Action Applicant: Rick Neas Chairperson Krystal James opened the public hearing at 2:16pm and asked if there were any comments from the public. Ms. Diane Felix, representing Peters Family Limited Partnership, 3116 Avenue S. Ms. Felix stated she was opposed to this rezone and felt having general commercial next to the residential area would bring property values down. Ms. Felix stated they have an undeveloped lot and believes it will bring more traffic and trash. Mr. Rick Neas, 1543 Norman, owner of the subject properties stated Ms. Felix's lot has been vacant since he began purchasing these properties 40 years ago. Mr. Neas stated he believed everything along Kell Boulevard should be general commercial and that he has worked hard to purchase these properties. Chairperson James asked staff to present the case. Mr. Fabian Medellin presented the case and stated the applicant and owner, Rick Neas over the decades has acquired 8 separate properties. Currently there are 7 structures used residentially, only 5 are occupied. Mr. Neas' vision has been to acquire these properties to convert the land into a commercial development. The subject property is centrally located in Wichita Falls, west of the Kemp Boulevard and Kell Boulevard intersection. Staff while working with Mr. Neas for this proposed rezone have expanded the rezone area to include Kell Boulevard right-of-way to create continuity of the zoning districts to surrounding boundaries. To the east and the south there are currently commercial developments, repair facility and storage. To -the north and west are residential uses some in a limited commercial district. Mr. Neas, after receiving a notification from a recent rezone for Pro Rental that is east of the subject properties along Kell Boulevard, came in to discuss proposal with staff. Staff did agree with Mr. Neas that it is logical to have general commercial along a major thoroughfare like Kell Boulevard. Some of these areas still reflect -the original zoning from 1985 when Kell was not in the current condition it is today. Currently Kell has expanded and has more visibility and traffic than back in 1985. In addition to the petition to rezone staff would also like to amend the land use to reflect potential future development along Kell, changing what is currently low Planning and Zoning 6 September 11, 2019 density residential and light commercial to commercial to mirror the south side and portions further west along Kell Boulevard. Mr. Medellin stated staff notified 37 property owners adjacent to the proposed rezone with only two received in return. One was opposed and one undecided. Staff researched possible negative impacts of the possibility of commercial development next to residential. Staff felt with the Avenue S and Arthur right-of- ways separating potential development from those residential uses it would create a significant barrier. Mr. Neas prior to meeting with staff, after acquiring property on that block has worked with a design professional, whom prepared a concept plan for a 7,200 sq. ft. bank with a drive thru. With the current zoning use this would not be allowed by right. The office use would be conditionally allowed since it is over 1,200 sq. ft. and in a limited commercial district. The use of drive through are prohibited by development regulations for that district. Looking at the potential uses staff felt if there were higher intense uses within this commercial district those would still have to come before the board to seek conditional use permit for such conditional uses such as light manufacturing, auto repair, or things of that nature. If the rezone is approved there are protections for those neighboring properties from any potential high impact uses. Mr. Medellin stated staff recommends approval of the proposed rezoning request of +/- 1.32 acres at 3105-3117 Avenue S & 0 Kell Boulevard and the abutting +/- 6.41 acres of Kell Boulevard/Freeway right-of-way to General Commercial (GC), and amending the Land Use Plan designation of Light Commercial and Low Density Residential to Commercial. Ms. James asked if there were any other comments from the public. Mr. Syd Litteken, stated Avenue S used to be his paper route as a child 50 years ago and when her and Mr. Neas were younger Mr. Neas had this dream, buying those homes and fixing them up and did a great job keeping them in good shape and rented. It has been a struggle and Mr. Neas has worked hard on the homes. Mr. Neas has always wanted a retail piece of property on Kell Boulevard. Mr. Litteken believes the 6 ft. privacy fences put up are nicer for the residents and actually works as a sound barrier. Mr. Litteken believes this rezone should be approved. Ms. James asked if there were any other comments from the public. With no further comments Ms. James closed the public hearing at 2:32 pm. Ms. Cayce Wendeborn made a motion to approve, Mr. David Cook seconded. Ms. James opened the discussion to commission members. Ms. Wendeborn stated everyone knows she is not for rezoning residential to commercial however, this makes sense to approve and make general commercial. Mr. Rick Graham asked if anyone was present from the Peters Trust whom returned their notice as opposed. Mr. Medellin advised yes and that she had spoken earlier. Ms. James asked Mr. Neas if he had a plan for clearing the land. Mr. Neas advised he had bids for demolition however, he believed he had gotten ahead of himself. Other than the bids he has no plans to remove anything but guessed it would happen when he obtained a buyer or a partner that he was not sure what direction he would go at this time but no plans to tear it down. Mr. David Cook asked if this was permanent or time limited. Staff advised this was a permanent rezone. With no further questions or comments Ms. James called for a vote. Motion passed unanimously. VIII. OTHER BUSINESS — CITY COUNCIL Planning and Zoning 7 September 11, 2019 A. R 19-02 — 1705 11th Street — Rezone from Single Family-1 (SF-2) to Limited Commercial (LG) approved. B. City Council — Planning and Zoning Appointments Michael Grassi as the new alternate C. Director of Development Services Terry Floyd - Introduction IX. ADJOURN The meeting adjourned at 2:37 p.m. �f Krystal Jame ;- Chairperson ATTEST: Terry Flo,d Director of Development Services � OWQj,� Date 16) Date