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Planning and Zoning Commission Minutes - 07/14/2021 MINUTES PLANNING & ZONING COMMISSION July 14, 2021 PRESENT: Jack Browne • Member David Cook • Chairman Blake Haney ♦ Member Steve Lane • Member Noros Martin • Member Mark McBurnett • SAFB Liaison Cayce Wendeborn • Member Jeremy Woodward • Vice-Chair James McKechnie, Deputy City Attorney • City Staff Fabian Medellin, Planner III ♦ Christal Ashcraft, Development Services Assistant • Cedric Hu, Planning Technician • Pat Hoffman, Property Management Administrator • ABSENT: Michael Grassi • Member Anthony Inman ♦ Member Dan Leslie ♦Alternate#1 Wayne Pharries •Alternate#2 Councilor Whiteley • Council Liaison 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. d. Commission members, when speaking please remember to press the button to turn on your microphone. Planning and Zoning 2 July 14, 2021 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. III. 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 amend the June 9, 2021 minutes. Page one of seven, under section I. Call to Order, the change "Chairperson Cook" will be amended to "Vice-Chairman Woodward". Jack Browne seconded the motion. Ms. Cayce Wendeborn made a motion to adopt the amended June 9, 2021 , minutes. Mr. Jeremy Woodward seconded the motion. The motion was passed unanimously. VII. REGULAR AGENDA 1. Case C 21-12 — 5218 Kingston Drive: Request for a conditional use to allow a carport in the required front setback in a Single Family 2 (SF-2) zoning district. Applicant/Owner: Douglas Powell Location: 5218 Kingston Drive Ms. Cayce Wendeborn made a motion to approve the case, Mr. Jeremy Woodward seconded. Mr. Cedric Hu presented the case and stated staff met with the owner and applicant, Mr. Douglas Powell about his proposal to build a carport that would constructed in the first 5 foot setback of his residential property. The subject property is located at 5218 Kingston Drive, southeast of the Barnett Road and Southwest Parkway intersection. Mr. Hu advised that Mr. Powell is proposing to construct 25 ft. X 24 ft. carport. The edge of the overhang from the front property line will be approximately 2 ft. The edge of the overhang from the side property line will be 7 ft. The height of the carport will be 8 ft. and supported by 4 columns. Mr. Hu stated staff mailed out 25 notices to owners within the 200 ft. notification area. A total of 4 responses were received, 3 in favor and 1 no opinion/undecided. Mr. Hu noted there were no other carports located within the 200 ft. notification area, however, 4 other carports just outside that area. Planning and Zoning 3 July 14, 2021 Staff recommended the approval of this Conditional Use carport request for 5218 Kingston Drive 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. Chairman Cook asked if the applicant was present and wished to make a presentation. The applicant, was not present. Chairman Cook asked if there were any other public comments. Chairman Cook closed the case for public discussion and opened it up to the Commission. 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 7-0. 2. Case C 21-13 — 2818, 2820 & 2822 Featherston Avenue: Request for a conditional use to allow a clinic and a reduction of the interior side setbacks to a minimum of 10 ft. in a Limited Commercial (LC) zoning district. Applicant/Owner: Phan Chan Location: 2818, 2820 & 2822 Featherston Avenue Ms. Cayce Wendeborn made a motion to approve the case, Mr. Jeremy Woodward seconded. Mr. Fabian Medellin presented the case and stated the developer, Mr. Winston Parks contacted staff about the development of a walk-in clinic at 2818, 2820 & 2822 Featherston Avenue. Mr. Medellin advised the subject property was located in a Limited Commercial (LC) zoning district where clinics are conditionally allowed with approval from the Planning & Zoning Commission. In the pre-development meeting staff advised Mr. Parks of some adjacent residential uses and increased setbacks of 30 ft. along the south and west of the subject property. Staff did also advise Mr. Parks that the Commission could approve a reduced setback. Mr. Medellin stated the subject property was located northwest of the Kemp Boulevard and Southwest Parkway intersection, opposite of the McGrath Creek/Dunkin' Donuts on Kemp Boulevard. Currently, two of the three lots are vacant with the third having a residence. In Mr. Parks proposal the residence would be demolished. To west are residential properties, one to the south followed by a nail & hair salon. To the north is further commercial development and retail businesses to the east. Mr. Parks is proposing to construct a 3,700 ft, walk-in clinic that will operate from 8 a.m. to 8 p.m. Monday thru Saturday and 1 p.m. to 7 p.m. on Sundays. Mr. Medellin showed the site plan and pointed out the two means of entrance and exit, one on Kemp Boulevard and one on Featherston Avenue to the Commission. The structure will be located on the south side of the property approximately 12 ft. from that shared property line with the residence to the south. Planning and Zoning 4 July 14, 2021 Mr. Medellin advised staff reviewed all potential impacts would be created with this development and believes with screening to the residential area to the south and west would sufficiently remove the impact of lights and sounds. Staff reviewed the setbacks and with the structure being located to the north of residential uses and a single story structure, that a 10 ft. setback along with the 5 ft. on the residential side would be sufficient. The last impact staff reviewed was traffic. Kemp Boulevard has a median that prohibits access for north bound traffic to enter the site from Kemp Boulevard. For a patron traveling north on Kemp Boulevard would have to use Quill Street or Stearns Avenue to enter the clinic on Featherston Avenue. Staff initially had concerns of congestion on this residential road, however, after researching found this block of 11 properties found only 4 are residential uses. The other seven have been required to produce off-street parking. Staff believes the standard pavement width of 30 ft. will sufficiently provide access for the residential uses and still have two-way traffic. Staff mailed out a total of 28 notices to property owners with no responses and is recommending the approval of this request for a reduction of the side interior setback to the minimum 10 feet and allow for a clinic at 2818, 2820 & 2822 Featherston Ave. with the following conditions: 1 . The allowance of a clinic is contingent upon the combining of Lots 7-9, Block 70, Faith Village Subdivision through the platting process. 2. The development is subject to the site plan review process and must comply with all applicable codes and obtain all necessary permits. 3. No illuminated signs, either by internal or external illumination, will be allowed on the west or south sides of the building, while residential uses are either directly adjacent to or across Featherston Ave. right of way. 4. The site will be limited to a single-story structure. 5. All outdoor lighting must be directed away from residential areas and right- of-ways. Parking lot lighting details will need to be submitted during the site plan review process to ensure compliance. 6. The applicant shall provide screening by using a privacy fence, wood or masonry, of 6 feet on property lines adjacent to residential use or district. Chairman Cook asked if the applicant was present and wished to make a presentation. The applicant was not present and no other comments from the public were given. Chairman Cook closed the case for public discussion and opened it up to the Commission. 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 7-0. 3. Case C 21-14 — 3101 Airport Drive: Request for a conditional use to allow for a warehouse facilities in a General Commercial (GC) zoning district. Applicant/Owner: Jeremy Olive/Warren CAT Location: 3101 Airport Drive Planning and Zoning 5 July 14, 2021 Ms. Cayce Wendeborn made a motion to approve the case, Mr. Noros Martin seconded. Mr. Medellin stated staff met with Mr. Jeremy Olive, Senior Facilities Manager for Warren CAT Machinery in discussion about locating a property for a distribution warehouse facility for Warren CAT dealerships. They have identified Wichita Falls as a central location to their north Texas region and is proposing to use us as their hub for parts distribution for all dealerships. When meeting with Mr. Olive staff discussed developmental requirements for building a 95,000 sq. ft. facility located at 3101 Airport Drive. The subject property is located in the northwest part of Wichita Falls, southwest of the Loop 11 and Airport Drive intersection and is in a General Commercial (GC) zoning district where warehouse facilities are conditionally allowed. The area surrounding the subject property is primarily undeveloped land with some agricultural uses to the north. To the east is undeveloped land as well as Wal-Mart and other retail along the 1-44 frontage. A convenient store is also located at the intersection of US 287 and Loop 11 . Mr. Medellin stated the 95,000 sq. ft. proposed structure would be located in the western part of the property approximately 137 ft. from the side shared lot to the west. There is one development directly adjacent to the subject property to the west, being an AT&T utility office. Docks for the facility will be located along the eastern side of the structure so there would be no traffic on the west side of the property that is adjacent to the property containing the AT&T office. Mr. Medellin advised since there was no residential structures the greatest impact to the area would be traffic. The eastern portion of Airport Drive is a TXDOT maintained roadway as well as Loop 11 . In the last few years the roads have been upgraded and widened. The applicant is willing to improve their portion of Airport Drive to mirror those TXDOT expansions to allow for their vehicles to enter and exit safely. The western part of Airport Drive is city maintained. The subject property is completely surrounded by General Commercial (GC) zoning district. Staff notified a total of 7 property owners and received back 3 responses, 2 in favor and 1 with no opinion/undecided. Staff recommends approval of this request for a warehouse/ distribution facility at 3101 Airport Dr. with the following conditions: 1 . The property shall be final platted prior to the issuance of a building permit. The platting requirements of extension/ improvements of public infrastructure (sewer, water, streets & drainage) shall be completed or a surety for the improvements is provided, the amount is to be determined by Public Works, prior to the plat approval 2. The development is subject to the site plan review process, and must comply with all applicable codes and obtain all necessary permits. 3. All outdoor lighting must be directed away from right-of-ways. Chairman Cook asked if the applicant was present and wished to make a presentation. Chairman Cook asked if there were any other public comments. Chairman Cook closed the case for public discussion and opened it up to the Planning and Zoning 6 July 14, 2021 Commission. 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 7-0. 4. Case R 21-04— 504 Kemp Boulevard: Public hearing and consideration of a request to rezone +/- 4.06 acres of land located at 504 Kemp Boulevard (Lot 1-A, Block J&I, Kemp West End Addition & 0.325 acres out of Block I, Kemp's West End Addition), from Multi-Family Residential (MFR) to General Commercial (GC) zoning district and amend the Land Use Plan from High Density Residential to Commercial to allow for the expansion of commercial uses and development of a mixed use site. Applicant/Owner: Ambreen Farooq/ Samra Properties LLC Location: 504 Kemp Boulevard Chairman Cook opened the public hearing at 2:24 p.m. and asked staff to present the case. Mr. Medellin advised the apartment complex property owner, seeking to improve her complex and add some additional amenities to the facilities reached out to staff with the proposal to remodel her current office and a number of units to allow for an on-site grocery/convenient store. The property owner, Ambreen Farooq, Samra Properties LLC, owns two apartment complexes, one at the subject property of 504 Kemp Boulevard and the other across the street at 500 Fillmore Street. Ms. Farooq had the idea since there have been a number of grocery store closing in the area, and this would be an added amenity not only her tenants could use but also the adjacent properties and residential neighbors. Mr. Medellin stated the subject property is located at the southwest corner of Kemp Boulevard and Seymour Highway. To the west is a residential subdivision, to the north are commercial uses, being a strip center, retail store, convenient store, a tire shop and a vacant commercial structure. To the east is the other apartment complex owner by the applicant. To the south is the farm to table restaurant, Fox Hill and to southeast the rear of some residential properties. Ms. Farooq's proposal is to remodel the northeast corner where her office located in addition to two units to allow for the grocery/convenient store where she will sell fresh produce and fruits to the general public, primarily pedestrians. The zoning along Seymour Highway is all General Commercial (GC) and to the south is a Planned Unit Development (PUD) for the ag/restaurant use. The apartments are both located in the Residential Mixed Use (RMU) zoning district. Mr. Medellin advised the Commission, that while researching the case, staff noted the appearance of the surrounding area to appear to be General Commercial (GC). Staff feels this rezone will help stimulate further economic development along the north portion of Kemp Boulevard. Ms. Farooq is proposing to redraw the boundaries of the General Commercial (GC) district to include her property to the Planning and Zoning 7 July 14, 2021 south of the Seymour Highway commercial corridor and amend the land use plan from High Density Residential to Commercial Planning staff notified 25 property owners and received a total of 4 responses, all in favor of this rezone. Staff recommends approval of the proposed rezoning request of +1- 4.06 acres at 504 Kemp Boulevard to General Commercial (GC), and amending the Land Use Plan designation to Commercial. Chairman Cook asked if the applicant was present and wished to comment, then asked if there were any other public comments. With no response, Mr. Cook closed the public discussion at 2:27 pm and opened discussion to the Commission. With no discussion from the Commission, Mr. Cook called for a motion. Ms. Casey Wendeborn made a motion to recommend rezone to City Council, Mr. Jeremy Woodward seconded. Motion passed unanimously with a 6-0 vote. It is noted Mr. Jack Browne had recused himself and did not vote. 5. Case R 21-05 — 4314 Barnett Road: Public hearing and consideration of a request to rezone +1- 25.91 acres of land located at 4314 Barnett Road (+1- 25.91 AC out of Block 11 of the Kemps Subdivision of the William Myers Survey Abstract 193 & Blocks 18 & 19, League 1, of the Denton County School Lands, Abstract 58), from Single Family-2 Residential (SF-2) to Light Industrial (LI) and Heavy Industrial (HI) zoning districts and amend the Land Use Plan from Parks to Industrial to provide consistent zoning designation within a split zoned tract and align the districts with the adjacent tracts. Applicant/Owner: Tanner Wachsman/ Barwise Capital LLC Location: 4314 Barnett Road Chairman Cook opened the public hearing at 2:28 p.m. and asked staff to present the case. Mr. Medellin advised this rezone proposal was seeking to correct zoning designations from annexations from 1975 and 1997. The owner/applicant, Mr. Tanner Wachsman met with staff to discuss an approximately 65 acre tract of land that has 4 different zoning classifications. These zoning classifications include; Single Family-2 (SF-2), General Commercial (GC), Light Industrial (LI) and Heavy Industrial (HI) zoning districts. Mr. Wachsman would like to align these zoning districts with their proposed future developments and help mitigate some conflicts having those uses in such close proximity to each other. The subject property is currently undeveloped and located southwest of the Kell Boulevard and Barnet Road intersection. To the south and southeast are residential uses and to the west is Eagle Rail Car. To the north is Kell Boulevard and to the northeast is the Wichita Falls Ford House. Mr. Medellin pointed out to the Commission a large electrical easement that bi- sects the tract of land. The subject property was given zoning classifications at two different time periods. The south portion was part of an annexation in 1975, however they were given a zoning designation in 1985 along with the rest of the city Planning and Zoning 8 July 14, 2021 in 1985 of Single Family-2 (SF-2). The western portion was part of the Certain- Teed annexation in 1997 and given another classification. Mr. Wachsman is proposing to rectify some of the conflicts that can come about from having these adjacent uses next to each other. Along Kell Boulevard is an "island" of Single Family-2 (SF-2), at one point in time there was a residence there and given that designation. After discussion with the applicant staff feels the large electrical easement would serve as a good divider between industrial and residential uses. Staff is proposing to rezone portions of the Single Family-2 (SF-2) to Heavy Industrial (HI) to allow for potential expansion of the industrial uses, existing and new from Kell Boulevard, as well as amend that residential "island" to Light Industrial (LI). The portion west of the Tesco easement running along the center line of that easement will be rezoned to Heavy Industrial (HI), essentially creating a man-made barrier separating those uses. The proposal does also in a land use amendment plan designation change from parks to industrial for that portion being rezoned to industrial. Staff notified 17 property owners within 200 ft. and received a total of 2 responses back, both in favor of this rezone. Staff recommends approval of the proposed rezoning request of +/- 25.91 acres of land located at 4314 Barnett Road to Light Industrial (LI) and Heavy Industrial (HI), and amending the Land Use Plan designation of Parks to Industrial. Chairman Cook asked if the applicant was present and wished to comment, then asked if there were any other public comments. With no response, Mr. Cook closed the public discussion at 2:34 pm and opened discussion to the Commission. With no discussion from the Commission, Mr. Cook called for a motion. Ms. Casey Wendeborn made a motion to recommend rezone to City Council, Mr. Jack Browne seconded. Motion passed unanimously with a 7-0 vote. VIII. ADJOURN The meeting adjourned at 2:35 p.m. Davi ok, Chairman Date 61/2 7)e, 1 Ter loyd, Director of Development Services Date