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Planning and Zoning Commission Minutes - 07/08/2020MINUTES PLANNING & ZONING COMMISSION July 8, 2020 PRESENT: David Cook ♦ vice -Chair Blake Haney ♦ Member Anthony Inman ♦ Member Steve Lane ♦ Member Dan Leslie ♦ Member Noros Martin ♦ Member Mark McBurnett ♦ SAFB Liaison Cayce Wendeborn ♦ Member Jeremy Woodward ♦ Alternate #t James McKechnie, Senior Asst. City Attorney ♦ city Staff Terry Floyd, Development Services Director Fabian Medellin, Planner III Christal Ashcraft, Development Services Asst. Pat Hoffman, Property Management Administrator Rita Miller, Neighborhood Services Manager ABSENT: Jack Browne ♦ Member Michael Grassi ♦ Alternate #2 Councilor Whiteley ♦ Council Liaison I. CALL TO ORDER The meeting was called to order by Vice -Chairperson, Mr. David Cook, at 2:00 p.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 July 8, 2020 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 Mr. Noros Martin made a motion to adopt the June 10, 2020 minutes. Mrs. Cayce Wendeborn seconded the motion. The motion was passed unanimously. VII. REGULAR AGENDA 1. Case C 20-10 — 1704 Grandview West — Carport: 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: Dean Roberts Ms. Cayce Wendeborn made a motion to approve the case, Mr. Dan Leslie seconded, Mr. Medellin presented the case and stated the applicant, Mr, Dean Roberts, met with staff on his proposal to place a 22 ft. X 21 ft. carport in the front setback of his property at 1704 Grandview West. The subject property is located in northwest Wichita Falls, near the City View Drive and Northwest Freeway intersection. Mr. Medellin stated the edge of the overhang from the property line would be approximately 2 ft. and the edge of the overhang from the side property would be 7 ft. The overall height will be 8 ft. supported by 4 columns. Mr. Medellin advised staff notified 24 property owners with no responses received. In a survey of the area, staff found 3 existing carports in the front setbacks, however, those were outside of the notification area. Staff recommends approval of this Conditional Use carport request for 1704 Grandview West with the following conditions: 1. 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. Mr. Cook asked if the applicant was present and wished to make a presentation. Applicant was not present and there was no comment from the general public. Vice -Chairman Cook opened the floor to the Commission for questions and Planning and Zoning 3 July 8, 2020 comments, which there were none unanimously with a vote of 8-0. Mr. Cook called for a vote. Motion passed 2. Case P 20-01 — 3003 Holliday Road: Request to modify the Subdivision and Development regulations to allow for a reduction in the lot width minimum. Applicant: Esequiel Costilla Ms. Cayce Wendeborn made a motion to approve the case, Mr. Noros Martin seconded. Mr. Medellin presented the case and advised Mr. Costilla, owner of a tire shop is the owner of 3003 Holliday Road and would like to develop this property and move his business from its current leased location into a new facility. Mr. Costilla met with staff where the development process was discussed, in which platting the subject property is one of the first steps. A plat was submitted by Proven Surveying, and during the platting process, it was determined that the lot did not meet the minimum 50 ft. width requirement as outlined in the subdivision development regulations as it is 41 ft wide. Mr. Medellin stated the subject property is located on Holliday Road at the intersection of Holliday and Jacksboro Highway, south of the flea market. 3003 Holliday Road is in the General Commercial (GC) district where a tire shop is an allowed use by right, although, it is still subject to a site plan review. The subdivision development regulations allow for modifications by the Planning and Zoning Commission when deprivation of the use of the land is exhibited based on these considerations: 1. There are special circumstances or conditions affecting the land involved such that the strict application of the provisions of this chapter would deprive the applicant of the reasonable use of his land; and, 2. The granting of the modification will not be detrimental to the public health, safety or welfare, or injurious to other property in the area, and, 3. The granting of the modification will not have the effect of preventing the orderly subdivision of other lands in the area in accordance with the provisions of this chapter; and, 4. A more appropriate design solution exists which is not currently allowed in this chapter; and, 5. The granting of the modification is harmonious with the engineered design of the infrastructure of any neighboring subdivision. Mr. Medellin stated if the Commission finds these conditions to be present and strict adherence to the regulations create a deprivation to the use of land, the modification, while in harmony with the intent of the ordinance so as not to create a concern to public health, safety, and welfare, shall be based on the following conclusions: r Planning and Zoning 4 July 8, 2020 1. If the applicant complies strictly with the provisions of this chapter, the applicant can make no reasonable use of the property; and 2. The deprivation of use relates to the applicant's land, rather than personal circumstances; and 3. The deprivation of use is unique to the property, rather than one shared by many surrounding properties; and 4. The deprivation of use is not the result of the applicant's own actions or actions of a previous owner or owner's agent. Mr. Medellin advised staff surveyed the neighboring area and infrastructure is already in place to service those lots with both sewer and water. Staff recommends approval of this request to modify the Subdivision and Development Regulations to allow for the reduction of the lot width requirement to 41.67ft. This reduction will maintain the health, safety, and welfare of the public while preventing the deprivation of use of the property. Mr. Cook asked if the applicant was present and wished to make a presentation. There was no comment and nothing from the general public. Vice -Chairman Cook opened the floor to the Commission for questions and comments, which there were none. Mr. Cook called for a vote. Motion passed unanimously with a vote of 8-0. Vlll. OTHER BUSINESS City Council Updates a) R 20-03 — 300 Loop 11 Rezone from MFR to GC. b) R 20-04 -- 4400 Kemp Blvd. Rezone from LC to GC. IX. ADJOURN The meeting adjourned at 2:12 p.m. David ATTEST: Terry�#oyd, Dire hairperson pment Services %. 2 - Date Date