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Planning and Zoning Commission Minutes - 11/13/2019MINUTES PLANNING & ZONING COMMISSION November 13, 2019 PRESENT: David Cook ♦Vice -Chair Rick Graham ♦ Member Michael Grassi ♦ Alternate #2 Blake Haney ♦ Member Steve Lane ♦ Member Mark McBurnett ♦ SAFB Liaison Jeremy Woodward ♦ Alternate #1 Cayce Wendeborn ♦ Member Councilor Whiteley ♦ Council Liaison James McKechnie, Senior Asst. City Attorney ♦ City Staff Terry Floyd, Development Services Director Bobby Teague, Chief Building Official 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: Jack Browne ♦ Member Anthony Inman ♦ Member Krystal James ♦ Chairman Dan Leslie ♦ Alternate #1 I. CALL TO ORDER The meeting was called to order by Vice -Chairperson, Mr. David Cook, at 2:02p.m. Vice -Chairperson Cook 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 November 13, 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 David Cook roll called commission and staff members. III. PUBLIC COMMENTS Mr. Cook asked if there were any comments from the public. With no response, Mr. Cook closed public comments. IV. APPROVAL OF MINUTES Ms. Cayce Wendeborn made a motion to adopt the October 9, 2019 minutes. Mr. Blake Haney seconded the motion. The motion was passed unanimously. VII. CONSENT AGENDA Final Plat 1. Wade Addition, Lot 2 Ms. Cayce Wendeborn made a motion to approve the consent agenda. Mr. Blake Haney seconded the motion. The motion was passed unanimously. Vill. REGULAR AGENDA 1. Case C 19-34 — 5340 & 5350 Kell Boulevard: Request for a conditional use to allow for automotive repair services in a General Commercial (GC) zoning district. Applicant: Luke Stainback 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, Mr. Luke Stainback with The Stainback Organization on behalf of John Denman and T-Bird Properties, LLC was requesting to open an automotive repair shop/body shop in a General Commercial (GC) zoning district. The Stainback Organization is a commercial real-estate development brokerage and property management company based out of Dallas, Texas and is representing Joe Hudson Collision Center. Mr. Henricks stated the development plans staff received proposed a 16,892 sq. ft. auto body shop with 10 double bays and 6 single bays for the auto work taking up approximately 14,000 sq. ft. and an office area of approximately 3,000 sq. ft. Joe Hudson Collision Center currently has 100 or more shops around the country with the majority in Texas. Planning ?nd Zoning 3 November 13, 2019 The subject location of 5340 & 5350 Kell Boulevard is located in the west side of Wichita Falls, east of Barnett Road and off Kell Boulevard. Mr. Henricks stated the property is vacant, however, well maintained, There is an access agreement with OSTC for Express Lane which connects to Barnett Road and Medical Court. Currently this lot is being used for overflow parking by OSTC. Staff looked at what impact the increased traffic flow would bring to the area. The initial site plan showed two entrances to the property, one on Medical Court and the other on Express Lane, with one exit on Medical Court. After researching staff concluded this would potentially impede traffic and came up with the solution of one entrance and one exit on Medical Court to improve the flow of traffic. Mr. Henricks stated there was a pre-existing access agreement for Express Lane, between OSTC and T-Bird Properties, LLC that will continue to be honored. Staff researched adequate parking for an automotive repair shop which is calculated at one stall for every 200 square feet of gross floor area requiring 84 parking stalls. The initial site plan showed 71 stalls, however, considering the number of bays, staff allowed the stalls to count towards the total parking. With the 10 double bays and 6 single bays being added to the total, the parking requirement will be met. Landscaping initially looked to be a concern with the site plan showing less landscaping to allow for more parking space, however working with the applicant landscaping requirements were met. There were some concerns from staff about the easements located at the front of the property and the utilities that run through them. Staff were able to still meet the aesthetics and keep easements and utilities safe. Mr. Henricks stated another requirement staff looked at was screening since the concern of inoperable cars in for repair being highly visible to traffic and adjoining properties. The applicant advised screening would be in place on the west and north sides of the property using iron and wood fencing. Staff notified 7 properties within the 200 ft. notification area with 3 responses in favor and one undecided. Staff recommended approval of the operation of an automotive repair services at 5350 & 5340 Kell Boulevard subject to the following conditions: 1. Plat 5350 & 5340 Kell Boulevard together before any permits or development is started. 2. Obtain all necessary permits and licenses in accordance with city ordinances, adopted building code and health code regulations. 3. 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. 4. Any additional site improvements or developmental requirements will be subject to the site plan review process. 5. Prior to initiating operations all developmental requirements, conditions, permits and licensing shall be reviewed, approved, constructed and inspected. Planning and Zoning 4 November 13, 2019 6. The storage of vehicles shall comply with Chapter 46, Article V — Outdoor Storage. 7. The screening of the storage area shall be of materials approved by the director of Development Services. 8. Drives on W. Medical Court shall only be used as means of egress. Appropriate signage and pavement markings shall be provided to indicate the drive as an exit only. 9. Recorded access dedication documents must be provided to allow for the continued use and access by the public and adjacent properties. Mr. David Cook asked if the applicant was present and would like to speak. The applicant was present but didn't wish to speak. Mr. Cook asked if anyone else present would like to comment. Mr. Frank Andrajack, #1 West Medical Court, representing OSTC stated most of his concerns had been answered during the presentation given by Mr. Henricks, however, he still had concerns over storage of inoperable/wrecked vehicles. Mr. Henricks stated the repair shop will keep the inoperable and vehicles in progress in the shop. If this is not possible due to space then the owner has stated they will move them towards the back of the shop closer to closing time where a fence will be in place for screening. Mr. Andrajack stated he wanted to make the statement that the majority of people accessing either OSTC or the auto shop will come down Expressway where the auto body's wrecker will be also. He also stated he was the one that returned the notification as undecided, however, after hearing the case presented and questions answered he was in support of the conditional use. Mr. Cook asked if there was anyone else present that wished to comment. With no response the public discussion was closed and opened to the commission. Commission Vice -Chairperson Cook called for a vote. Motion passed unanimously. 2. Case R 19-05 — Bridge Creek & Lake Wellington Estates: Request to rezone portions of two subdivisions +/- 59.66 acres of land located in the Bridge Creek Estates Subdivision along Telegraph Road, Saddleback Lane, Red Coach Lane, Sawmill Lane, Lamplighter Lane, Shady Grove Lane, Meadow Green Court and Olive Branch Court; +/- 13.38 acres of land located in the Lake Wellington Estates Subdivision along Barnett Road, Waterford Drive, Remington Court, Cathedral Lane and Westbury Lane from General Commercial (GC), Light Industrial (LI) and Multi -Family Residential (MFR) to Single Family — 2 Residential (SF-2) to realign the districts with current and future development; and amending the land use plan from Commercial, High -Density Residential, Institutional and Park to Low -Density Residential.,< Planning and Zoning 5 November 13, 2019 Applicant: City of Wichita Falls, Bridge Creek Development, LLC & Earth Homes Inc. a) Public Hearing b) Take Action Vice -Chairperson David Cook opened the public hearing at 2:19 pm and asked staff to present the case. Mr. Fabian Medellin stated the rezone petition before the Commission was unique and not like the recent rezones that have recently come before them. This rezone was initiated by the City of Wichita Falls who reached out to residential developers, Bridge Creek Development LLC and Earth Homes Inc. in an effort to align our zoning district designations with current land uses and future proposed uses. The two districts in the proposal are Bridge Creek Estates subdivision located in the southwest of Southwest Parkway and Bridge Creek Drive and Lake Wellington Estates located southeast of the Seymour Highway and Barnett Road intersection. He stated the City of Wichita Falls adopted its first zoning district designation ordinance in 1985, staff, City Council and Commission members at the time worked together to look at the areas, existing uses, potential proposed uses and market trends around the time when determining zoning district designations. Bridge Creek Estates due to its proximity to Southwest Parkway, a state highway it was designated as a General Commercial (GC) district. In this district single family uses are allowed which has not impeded development thus far. Lake Wellington Estates, due to its proximity to Seymour Highway, another state highway and its land uses at the time was Light Industrial (LI) zoning district. From the roadway back the zoning goes to Single Family-2 (SF-2). Both subdivisions were proposed to the city in the mid 90's and at that time Lake Wellington included a portion of Multi -Family Residential (MFR) zoning district. The developer, Earth Homes Inc. petitioned and was granted a rezone from Light Industrial/Single Family- 2 (LI/SF-2) to Multi -Family Residential (MFR) in 1995. As building began on the subdivision plans changed for Lake Wellington Estates and the need shifted for the multi -family zoning to single family homes. There is also a portion in Light Industrial (LI) where residential is not an allowed use by the district. In looking at the area the character would give the impression of a residential neighborhood. There are either developed plots with new homes occupied or vacant land for lots to be subdivided and built as residences, same for Bridge Creek Estates. This petition has a second aspect, we would like to amend the Land Use Plan to fall in line for current and future development. For Bridge Creek Estates staff would like to petition to amend the Land Use Plan from Parks and Commercial to Low Density Residential. For Lake Wellington Estates staff was proposing to amend portions of the subdivision from High Density Residential, Commercial and Institutional to Low Density Residential. Initially when planning received this petition to rezone from the developers, staff notified property home owners to let them know we were working together to correct the zoning designation to reflect the character of their neighborhoods and existing and proposed uses. In addition to reaching out to the property owners staff followed state requirements of notifying properties within 200 ft. of the rezone. A total of 165 notices were sent. For Bridge Creek Estates a total of 107 notices were mailed. The developer did respond and those responses counted for 36 of the properties. Additionally, 12 other responses were received that were not from the developer. Of those one was opposed and did include some questions as to why the developer would like to rezone from General Commercial (GC) to Single Family. Planning and Zoning 6 November 13, 2019 Notices were also sent to Lake Wellington Subdivision property owners within 200 ft. of the proposed rezone area. A total of 58 notices were mailed. The responses from the developer counted as 21 of those 58 properties but in addition to the developers 5 other responses in favor and 2 opposed responses were received. The two opposed were from one property owner west of Barnett Road who owns a commercial business and their concern was with our rezoning of the right-of-way. Typically, the city does rezone a right-of-way in anticipation potential right-of-way closures. Staff contacted the resident and his concern was that the city rezoning the right-of-way would affect his business for possible future expansion. Staff advised the only way that would ever affect his business was if that right-of-way was closed and sold. Staff does not ever anticipate Barnett Road ever being closed and sold. Staff assured him there were no concerns in the future expansion of his business. Numerous calls were received once the rezone notices were mailed. Most property owners did not know that home was in a General Commercial (GC) district or Multi - Family Residential (MFR) district. All callers staff spoke with were in favor of this proposed rezone to move forward. Staff recommends approval of the proposed rezoning request of +/- 59.66 acres within the Bridge Creek Estates Subdivision and +/- 13.38 acres of land within the Lake Wellington Estates Subdivision the abutting right-of-way to Single Family-2 (SF-2) Residential, and amending the Land Use Plan designation of Commercial, Institutional, High -Density Residential, and Parks to Low -Density Residential. Mr. Cook asked if the applicant was present and wished to make a presentation. The applicant was present but did not wish to comment. Mr. Cook asked if there were any other public comments. With no response, Mr. Cook closed the public discussion at 2:30 pm and called for a motion to approve. Ms. Cayce Wendeborn made a motion to recommend rezone to City Council, Mr. Rick Graham seconded. Motion passed unanimously. IX. OTHER BUSINESS — CITY COUNCIL A. R 19-04 — 3100 Avenue S Rezone from Single Family-2 (SF-2) to General Commercial (GC) approved by City Council X. ADJOURN The meeting adjourned at 2:31 p.m. Krystal James, Chairperson .ATTEST: / Ter lov ��z r of Development Services Date .2af9 Date