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Planning and Zoning Commission Minutes - 05/12/2021 MINUTES PLANNING & ZONING COMMISSION May 12, 2021 PRESENT: Jack Browne •Member David Cook •Chairman Michael Grassi •Member Blake Haney •Member Steve Lane •Member Noros Martin • Member Wayne Pharries •Alternate#2 Cayce Wendeborn • Member Jeremy Woodward •vice-Chair Mark McBurnett • SAFB Liaison Councilor Whiteley ♦Council Liaison Blake Jurecek, Assistant City Manager •City Staff James McKechnie, Deputy City Attorney • Terry Floyd, Development Services Director • Fabian Medellin, Planner III • Christal Ashcraft, Development Services Assistant • Rita Miller, Neighborhood Resources Manager • Pat Hoffman, Property Management Administrator • ABSENT: Dan Leslie ♦Alternate#1 Anthony Inman •Member I. CALL TO ORDER The meeting was called to order by Chairman, Mr. David Cook, at 2:00 p.m. 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 May 12, 2021 d. Commission members, when speaking please remember to press the button to turn on your microphone. e. 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 Chairman Cook roll called Commission and staff members. Ill. PUBLIC COMMENTS Chairman 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 April 14, 2021, minutes. Mr. Noros Martin seconded the motion. The motion was passed unanimously. VII. CONSENT AGENDA Final Plat: 1. MPEC South Addition, Lots 1A, 1B, 1C & 1D, Block 1 Applicant: City of Wichita Falls Location: 1000 5th Street Chairman Cook asked if there were any items on the consent agenda to be brought down to the regular agenda or modified. Mr. Fabian Medellin stated there was not. Ms. Cayce Wendeborn made a motion to accept the consent agenda. Mr. Jack Browne seconded the motion. The motion was passed unanimously. VIII. OTHER BUSINESS Staff Updates — Hotel/Conference Center Project Update Mr. Blake Jurecek, Assistant City Manager, gave a brief update on the planning for the hotel/conference center. IX. REGULAR AGENDA 1. Case P 21-01 — 4957 Turkey Ranch Road: Consider taking action to modify the Subdivision and Development Regulations to allow for the reduction in the minimum lot width requirements. Applicant/Owner: Proven Surveying Location: 4957 Turkey Ranch Road Ms. Cayce Wendeborn made a motion to approve the case, Mr. Jack Browne seconded. Mr. Medellin stated the case presented to the Commission for approval Planning and Zoning 3 May 12, 2021 was outside city limits, but within the Extraterritorial Jurisdiction (ETJ). The plat is a tract of land that was part of a larger, 5 acre tract that was split into separate tracts and one acquired by the current owner, Jaime Rodarte. As part of selling, transacting or subdividing land, the State requires the property be plated. Through an inter-local agreement between Wichita County and the City of Wichita Falls, the city has been granted platting authority within the city's ETJ. Mr. Medellin stated the subject property is located 1 1/2 miles west of the city limits, near the intersection of Seymour Highway and Turkey Ranch Road. There is a residence on the subject property that is commonly known as a "flag lot". A "flag lot' is a tract of land that sits behind other parcels that has direct access to the roadway through the strip of land. The strip of land that provides access to the roadway is 20.5 foot wide, the subdivision ordinance requires residential properties to have a minimum width of 50 feet. The owner has acquired a 20 foot access easement from the property owner to the south, giving them 40 feet of the 50 feet required. Proven Surveying, on behalf of the property owner, is requesting a modification to the subdivision regulations to allow for the full usage of the land. Mr. Medellin advised, the owner has acquired everything that was available, however, staff does not believe there is a way they will be able to meet the 50 foot requirement. Subdivision regulations allow the Commission to modify the requirements when strict compliance with the ordinances will create a deprivation to use of the land. Mr. Medellin stated there were 5 considerations that would need to be present for the modification; 1. 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; Mr. Medellin advised agencies would not be able to provide utilities until the lot was plated, therefore, this lot would have "no reasonable use". 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 advised 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 Planning and Zoning 4 May 12, 2021 concern to public health, safety, and welfare, shall be based on the following conclusions: 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 stated Staff recommends approval of this request to modify the Subdivision and Development Regulations to allow for the reduction of the lot width requirement to 20.5ft. This reduction will maintain the health, safety, and welfare of the public while preventing the deprivation of use of the property. Chairman Cook asked if the applicant was present and wished to make a presentation. The applicant, was not present and there were no other public comments. Chairman Cook closed the case for public discussion and opened it up to the Commission. Commission member, Mr. Michael Grassi, asked how the property was already sold without being platted first. Mr. Medellin stated it was sold by meets and bounds, which the city cannot regulate pre-transactions. Chairman Cook asked if there were any other comments. With no further comments, Chairman Cook called for a vote. Motion passed unanimously with a vote of 9-0. 2. Case T 21-01 — Text Amendments: Public hearing and consideration of a request to amend the Code of Ordinances, Appendix B: Zoning and Ordinance regarding the following regulations: Additions to the permitted and conditional uses allowed in Heavy Industrial (HI) districts to align the hierarchical zoning structure with the inclusion of uses of the more restrictive zones into the less restrictive zones. Applicant/Owner: City of Wichita Falls a) Public Hearing b) Take Action Chairman Cook opened the public hearing at 2:15 p.m. Ms. Cayce Wendeborn made a motion to approve the case, Mr. Jack Browne seconded. Mr. Medellin presented the case and stated staff regularly looks at city policies and procedures and ways to improve them, making them more efficient and beneficial for property Planning and Zoning 5 May 12, 2021 owners and promote development throughout the city. While reviewing city ordinances staff noticed a gap between Light Industrial (LI) and Heavy Industrial (HI) districts. The city zoning ordinance was adopted in 1985, at that time there were a total of 13 districts, 6 base zones and 7 special districts. The 6 base zones are formatted in what is called cumulative zoning. Listed from the most restrictive/least intense to least restrictive/most intense are; Single Family — 1 (SF-1), Single Family-2 (SF-2), Limited Commercial (LC), General Commercial (GC), Light Industrial (LI), & Heavy Industrial (HI). Mr. Medellin stated, with each transition from most to least, the allowed uses carry over to the next least restrictive district. Staff noticed while examining the Heavy Industrial (HI) district the original zoning drafters did not carry over several uses from the Light Industrial district. Staff have identified several uses to amend and add to the Heavy Industrial zone to promote development and one use deemed incompatible with the intent of the Heavy Industrial zone, Halfway houses. Staff wanted to exclude all other forms of residential uses from Heavy Industrial as in the city's zoning industrial districts, all residential uses are not allowed. Listed are the uses staff would like to have moved to the Heavy Industrial (HI) district: 1. Contractor's Yard 2. Extermination Services 3. Offices 4. Religious Assembly 5. Retail Trade 6. Services 7. Shopping Center 8. Stockyards 9. Slaughterhouse & Meat Packing When looking at ways to improve the development process and its' opportunities, staff felt these items were key to expand, expedite, and promote commercial development. This information is being presented to the Commission to gain a favorable recommendation to proceed with presenting the proposed amendments to City Council for consideration. Mr. Terry Floyd, Development Services Director, briefly expanded on the proposed changes. Chairman Cook asked if there were any public comments. Chairman Cook closed the public hearing and opened it up to the Commission. There were no comments or questions from the Commission. Chairman Cook called for a vote. Motion passed unanimously with a vote of 9-0 to present to City Council. X. ADJOURN The meeting adjourned at 2:22 p.m. Planning and Zoning 6 May 12, 2021 - Z.— Jer- y Woo. ard, Vice-Chairman Date ATTEST: Q (ir " 11 Ter FI d, Directore- avelapment Services Date