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Planning and Zoning Commission Minutes - 10/09/2019MINUTES PLANNING & ZONING COMMISSION October 9, 2019 PRESENT: Jack Browne ♦ Member David Cook ♦ Member Rick Graham ♦ Member Michael Grassi ♦ Alternate #2 Blake Haney ♦ Member Anthony Inman ♦ Member Krystal James ♦ Vice -Chair Steve Lane ♦ Member Dan Leslie ♦ Alternate #1 Mark McBurnett ♦ SAFB Liaison Jeremy Woodward ♦ Alternate #1 Cayce Wendeborn ♦ Member James McKechnie, Senior Asst. City Attorney ♦ City Staff Karen Montgomery -Gagne, Planning Administrator Fabian Medellin, Planner II Skyler Henricks, Planning Technician Christal Ashcraft, Development Services Admin. Asst. Rita Miller, Code Enforcement & Housing Administrator ABSENT: Councilor Whiteley ♦ Council Liaison I. CALL TO ORDER The meeting was called to order by Chairperson, Ms. Krystal James, at 2:OOp.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 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 October 9, 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 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 Ms. Cayce Wendeborn made a motion to adopt the September 11, 2019 minutes. Mr. David Cook seconded the motion. The motion was passed unanimously. VII. CONSENT AGENDA Final Plat 1. Stone Lake Estates, Phase 7, Lots 7A & 7B, Block 22 Mr. David Cook made a motion to approve the consent agenda. Ms. Cayce Wendeborn seconded the motion. The motion was passed unanimously. Vill. REGULAR AGENDA 1. Case C 19-31 — 4701 Eldorado Drive: Request for a conditional use to allow for the operation of an office over 1,200 square feet in a Limited commercial (LC) zoning district. Applicant: Vincent Latour Ms. Cayce Wendeborn made a motion for staff to present the case, Mr. David Cook seconded. Mr. Skyler Henricks presented the case and stated the applicant, Mr. Vincent Latour, presented an application for the owner, Ms. Elaine Stephens requesting approval to construct a commercial office over 1,200 square feet in a Limited Commercial (LC) district. The office space would be a one-story office approximately 1,302 square feet with eight parking spots, including one handicapped spot for the financial advisory office of Edward Jones. Staff had concluded this would be a low to moderate impact on the surrounding neighborhoods. The subject property is located at 4701 Eldorado Drive, in the west area of Wichita Falls, west of Fairway Boulevard and off of Kell Boulevard. The property is currently vacant and has been that way since the development of the neighborhood. The applicant's site plan reflects a 1,302 square feet office building with one 24 foot curb cut on the northeast area of the property. Mr. Henricks advised there is an Planning and Zoning 3 October 9, 2019 increased setback of 30 feet to the north and west of the lot. To the north of the subject property are duplex/condos while across the street is a small office. Mr. Henricks stated the zoning in the area is a little chopped up, but it was mostly Single Family-2 (SF-2) and General Commercial (GC) with a small area of Limited Commercial (LC) and Multi -Family. Staff sent out 11 notices to properties within the 200 foot notification area, with 2 responding in favor, one being the applicant. Mr. Henricks stated that based on analysis and talking with the applicant, staff researched to see what kind of impact this office would have on a residential neighborhood since it borders homes and is a main entrance to the neighborhood. Typically office uses are expected to bring a flow of traffic, however, Edward Jones is an appointment -based office and the traffic in and out is limited. Therefore, the traffic impact is minimal. After concluding research staff recommended approval of the operation of an office over 1,200 square feet at 4701 El Dorado Drive subject to 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. 3. Any additional site improvements or developmental requirements will be subject to the site plan review process. 4. Prior to initiating operations all developmental requirements, conditions, permits and licensing shall be reviewed, approved, constructed and inspected. Ms. Krystal James asked if the applicant was present and would like to speak. With no response Ms. James asked if anyone else present would like to comment. With no response the public discussion was closed and opened to the commission. Commission Chairperson James called for a vote. Motion passed unanimously. 2. Case C 19-32 — 1938 Perigo Street: Request for a conditional use to allow a manufactured home as in -fill development in a Residential Mixed Use (RMU) zoning district. Applicant: Virginia Rivard Ms. Cayce Wendeborn made a motion for staff to present the case, Mr. David Cook seconded. Mr. Skyler Henricks presented the case and stated the applicant, Virginia Rivard on behalf of the applicant, Mary Rivard, came to the planning office and spoke with staff wishing to place a manufactured home on a large residential lot in a Residential Mixed Use (RMU) district. The subject property is located at 1938 Perigo Street in the southeast part of Wichita Falls, west of Windthorst Road Planning and Zoning 4 October 9, 2019 and US 287. Currently, there is a home in the southeast corner, with the rest of the lot undeveloped. Initially, the applicant proposed to re -plat -the large lot and have three 100 square feet lots. At this time, the applicant is requesting to place the manufactured home 57 feet away from the existing structure with a front setback of 50 feet and side setback to the north of 110 feet. The manufactured home is a little over 1700 square feet, and the applicant will also be enclosing a garage located next to the manufactured home. Mr. Henricks stated this case was a little unique. Instead of being an accessory structure due to the applicants proposed placement on the lot, staff believed this should be the primary structure on the property. The existing structure, which is considerably small at 1100 square feet, would be the secondary dwelling unit. The neighborhood consists of Residential Mixed Use (RMU) and Single Family-2 (SF-2). Staff mailed 11 notifications to surrounding property owners within a 200 foot notification area and received 7 responses, all in favor, six of those being from the owner of 1938 Perigo and 2 responses received that were opposed. Mr. Henricks stated there was one other manufactured home within the 200 foot notification area and a few other older style manufactured homes in the area, so this would not set a precedence. Mr. Henricks stated planning staff recommended approval for of a conditional use for a manufactured home at 1938 Perigo Street 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). Ms. James asked if -the applicant was present and wished to comment. With no comment she then asked if anyone else was present and wished to comment. With no comment Chairperson James opened the discussion by the committee, with no comments or questions from the committee, Ms. James called for a vote. The motion passed unanimously. 3. Case R 19-04 — 3100 Avenue S: Public hearing and consideration of a request to rezone +/- 0.36 acres of land located at 3100 Avenue S (Lot 18, Block 5, West Side Addition) and abutting right-of-way from Single Family - 2 (SF-2) to General Commercial (GC) to allow the property to be used as outdoor storage; and amending the Land Use Plan to change the area from Low Density Residential to Commercial. Applicant: John Macha & John Welker/Texoma Fleet & Car Service, LLC a) Public Hearing b) Take Action Chairperson Krystal James opened the public hearing at 2:13pm and asked staff to present the case. Mr. Fabian Medellin stated Mr. Macha and Mr. Welker are the Planning and Zoning 5 October 9, 2019 applicants/owners/operators since 2005 of Texoma Fleet and Auto Repair LLC at 2814 Kell Boulevard. At the time the facility was constructed they believed it would fit their businesses needs for the foreseeable future. Fortunately business has been good. However, some noticed limitations on the site specifically a lack of parking and storage. In 2010 they purchased the subject property 3100 Avenue S which is across the street from the auto repair shop and began using the rear of the lot as outdoor storage. The subject property is a residential lot with a residential structure in a residential zoning district. The rear of the property has been used as storage for approximately 9 years before a complaint was sent to the city's code enforcement department by an individual that wanted the applicant to go through 'the same administrative process to comply with city ordinances as other properties had previously done. Once Code Enforcement officers notified the owners they fully complied and ceased operations on the subject property. The applicants received a rezone notification in the mail from a rezone brought before the commission last month and they also wanted to go through the administrative process to be in compliance with the city's zoning use law. The subject property is located in the central part of Wichita Falls, west of the Kemp and Kell intersection. Mr. Medellin displayed photos showing the parking lots full and overflowing into Garfield Street and at the time still using the rear of the subject lot. Initially with the submission of the application, staff weighed its merits as this is a unique intersection. The subject property does not have Kell frontage but does have visibility and access to Kell as if it were a frontage lot. The petition is requesting the existing General Commercial (GC) district to the east of the subject lot be extended across Garfield to cover the subject lot as well as amend the Land Use Plan from Low Density Residential to Commercial. Mr. Medellin stated while researching zoning districts and uses in the area it is noted the subject property is in the General Commercial (GC) district. To the southwest is the rezone petition that was heard by the Commission last month and has already been approved by City Council. This property is currently Limited Commercial (LC) and will be General Commercial (GC) November 1S' when the signed ordinance goes into effect. To the north and west are single family uses in a single family district. Mr. Medellin noted the business had been in operation for 9 years with no complaints of the outdoor storage yard, however, to reduce any negative effects the rezone could potentially have on the neighborhood, other requirements may be implemented. Planning staff mailed 21 notices to surrounding property owners within 200 feet of the rezone property with only 3 responses received, all in favor of this rezone. With all things taken into account, the size, location and use of the subject property, staff recommended approval of the proposed rezoning request of +/- 0.17 acres at 3100 Avenue S and the abutting +/- 0.19 acres of Garfield right-of-way to General Commercial (GC), and amending the Land Use Plan designation of Low Density Residential to Commercial. Ms. James asked if the applicant was present and wished to make a presentation. Mr. John Welker, owner and applicant stated they had used the property not knowing they were out of compliance. With the petition to rezone Mr. Welker stated they are going to put up a privacy fence to screen the outdoor storage for the residential neighborhood. Mr. Welker advised his long term plan was to demo the home and make more parking for employees to park there instead of in the street. Planning and Zoning 6 October 9, 2019 Ms. James asked if there were any other public comments. With no response, Ms. James closed the public discussion at 2:21 pm and opened discussion to the Commission. With no discussion from the Commission, Ms. James called for a motion. Ms. Cayce Wendeborn made a motion to recommend rezone to City Council, Mr. Blake Haney seconded. Motion passed unanimously. 4. Case C 19-33 — 3100 Avenue S: Request for a conditional use to allow outdoor storage in a petitioned for rezone General Commercial (GC) zoning district. Applicant: John Welker & John Macha/Texoma Fleet & Auto Repair LLC Ms. Cayce Wendeborn made a motion for staff to present the case, Mr. Dan Leslie seconded. Mr. Fabian Medellin presented the case and stated this conditional use application was the second portion of the administrative process to bring the outdoor storage into compliance. Outdoor storage in a General Commercial (GC) district is not permitted by right, and only permitted by a conditional use permit. Mr. Macha and Mr. Welker have submitted a conditional use application as well for the previously heard rezone case at 3100 Avenue S. They would like to use the subject property for outdoor storage for vehicles awaiting repair and employee parking as well. When staff researched the case it was determined some improvements would need to be made to the property that will help alleviate any potential negative impact on surrounding properties. Screening will be a requirement to separate the commercial use from the residential neighborhood. The ground surface will also need to be concrete or asphalt. The ordinance does give room for alternative materials to be used. The city's outdoor storage ordinance regulates so long as emergency services are not hindered, any material approved by staff could be used. The plan is to eventually demolish the structure on the subject property and improve that surface to expand and allow for more parking storage and/or employee parking. Staff contacted the Fire Marshall and he stated the use of gravel would not hinder the use of emergency services, as it would in fact help service. The subject property being a corner lot would allow them to fight a fire on Avenue S or Garfield Street. Public Works was also contacted on ground improvements. It was advised storm water detention was not an issue. Screening on all sides is typically required with outdoor storage, however, there are a few exceptions to that rule such as operable vehicles. Requirements from section 6400 will still need to be met. Mr. Medellin stated 18 notices were mailed to surrounding property owners with three responses received, all in favor of the conditional use. Staff recommended approval of this request to allow outdoor storage at 3100 Avenue S in a petitioned rezone from Single Family - 2 (SF-2) to General Commercial (GC) zoning district with the following conditions: 1. The property shall have a fence or other approved screening (6 ft. minimum) installed and maintained to obscure the view of the outdoor storage from any Planning and Zoning 7 October 9, 2019 residential use or district. Owner to provide example of fence or screening material. 2. Outdoor storage yards shall be kept and maintained in such a manner that will not hinder or obstruct firefighting operations. Access to each area of storage shall be provided by means of a roadway and/ or aisles as required by the fire chief. 3. Areas around or under outdoor storage materials or buildings shall be kept free and clear of accumulations of grass, weeds, brush or other uncultivated vegetation. 4. Outdoor storage must be on an improved surface, gravel shall be considered for the outdoor storage yard. 5. Lights provided to illuminate any parking facility or paved area shall be designed to reflect away from any residential use and/ or public street. 6. The use will be contingent upon the approval and execution of an ordinance by city council to rezone from Single Family-2 (SF-2) to General Commercial (GC), and may not use the property as outdoor storage until such time the rezone ordinance takes effect. 7. Obtain all necessary permits in accordance with city ordinances and the adopted building code provisions. 8. Staff will require improved surfaces of concrete at any approved driveway, aprons and all points of ingress. 9. A method and material to contain the gravel on the site from encroaching onto right -of way or adjacent lots must be approved by staff. 10. Prior to storage of inoperable vehicles, parts or items not exempt from screening requirements, a 6ft solid screening device approved by the Planning Division shall be installed to obscure the view of the stored items. Gates to access the storage yard less than 20ft wide are not required to be screened. Ms. James asked if the applicant was present and wished to comment. Mr. Welker stated basically this was just an overflow for parking. There would be no junk, parts or vehicles used for parts stored there. With no comment, she then asked if anyone else was present and wished to comment. With no comment, Chairperson James opened to discussion to the committee. Mr. Steve Lane asked if fencing was not required in the back next to the alley. Mr. Medellin stated staff believed the alley was enough to separate the commercial property from the residential property. With no further comments or questions from the committee, Ms. James called for a vote; motion passed unanimously. IX. OTHER BUSINESS — CITY COUNCIL Planning and Zoning 8 October 9, 2019 A. R 19-03 — 3105 — 3117 Avenue S & 0 Kell Boulevard Rezone from Limited Commercial (LC) to General Commercial (GC) approved by City Council B. October — National Planning month X. ADJOURN The meeting adjourned at 2:33 p.m. Krystat James, Chairperson "I>rW aAcxx4,, Yi at �f4 ii-, 2 ATTEST: oyd, Director of Development Services _LG�te Date Date