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Planning and Zoning Commission Minutes - 12/08/2021 MINUTES PLANNING & ZONING COMMISSION December 8, 2021 PRESENT: Jack Browne •Member David Cook •Chairman Michael Grassi •Member Blake Haney •Member Noros Martin • Member Wayne Pharries •Alternate#2 Cayce Wendeborn ♦ Member Jeremy Woodward •Vice-Chair Councilor Whiteley • Council Liaison James McKechnie, Deputy City Attorney •City Staff Terry Floyd, Development Services Director • Fabian Medellin, ACIP, Planner Ill • Christal Ashcraft, Development Services Assistant • Cedric Hu, Planning Technician ♦ Rita Miller, Neighborhood Services Manager • ABSENT: Dan Leslie •Alternate#1 Steve Lane •Member Mark McBurnett •SAFB Liaison I. CALL TO ORDER The meeting was called to order by Chairman, Mr. David Cook, at 2:00 p.m. Chairman 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 December 8, 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 Mr. Noros Martin made a motion to adopt the November 10, 2021, minutes. Mr. Jack Browne seconded the motion. The motion was passed unanimously, 8-0 VII. CONSENT AGENDA Case P 21-17 Broyles Addition, Lot 1, Block 1 Case P 21-19 Priddy Subdivision, Lots 3 & 4, Block 9 Chairman Cook asked if anyone had an item to be moved to the regular agenda. Mr. Fabian Medellin advised the Commission Case P 21-19 Priddy Subdivision, Lots 3 & 4, Block 9, was being withdrawn from the consent agenda as it was an incomplete submission. Ms. Cayce Wendeborn made a motion to approve the consent agenda. Mr. Jack Browne seconded the motion. Motion passed unanimously, 8-0. VIII. REGULAR AGENDA 1. Case C 21-26 — 5119 Jamaica Drive: Consider taking action on a conditional use to allow for a carport in the required front setback in a Single Family-2 (SF-2) zoning district. Applicant/Owner: Jamie Calderon Location: 5119 Jamaica Drive Ms. Cayce Wendeborn made a motion to approve the case, Mr. Jack Browne seconded. Mr. Cedric Hu presented the case and stated staff met with the owner, Mr. Jamie Calderon, regarding constructing a carport in the required front setback. Mr. Hu advised 5119 Jamaica Drive was located in the south part of Wichita Falls, south of Southwest Parkway and north of Fowler Elementary School. Mr. Calderon is proposing to construct a carport 20 ft. x 20 ft. in the first 5 ft. of his property. The Planning and Zoning 3 December 8, 2021 edge of the roof overhang from the front property line will be approximately 3 ft., from the side property line to the west will be approximately 5 ft. The overall height of the carport in the residential neighborhood will be 8 ft. and supported by 4 columns. Mr. Hu stated staff sent notices to 29 property owners and received 7 responses back, all in favor of this proposal. It is noted that there was currently one carport within the 200 ft. notification area. Staff recommends approval of this Conditional Use carport request for 5119 Jamaica Drive with the following conditions: A. 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 present but wished to give no statement. Chairman Cook asked if there were any other public comments. Mr. Cook closed the case for public discussion and opened it up to the Commission. Chairman Cook asked if there were any other comments. Commission member Mr. Martin asked what the building limit line was for the residential area and stated it looked as though this would overhang into that area. Mr. Fabian Medellin explained the purpose of this proposal to the Commission. Chairman Cook called for a vote. The motion passed unanimously with a vote of 8-0. 2. Cases C 21-27 — 1026 Central Freeway: Consider taking action on a conditional use to allow a 165 ft. communication tower in a General Commercial (GC) zoning district. Applicant/Owner: Star Towers, LLC Location: 1026 Central Freeway Ms. Cayce Wendeborn made a motion to approve the case, Mr. Jack Browne seconded. Mr. Fabian Medellin presented the case and stated the petition was to place a 165 ft. in height monopole on the subject property located at 1026 Central Freeway. Mr. Medellin stated the subject property was located along the 1-44 Frontage Road near the Walcott 1-44 intersection, which is north of the Iowa Park and 1-44 intersection. Mr. Medellin stated currently the lot was vacant with the exception of some unused signage remaining on the property. Mr. Medellin advised the Commission that the applicant, Star Towers, LLC had worked with staff to present an application that required multiple documents to be submitted along with the application and site plan. The Communication Application itself consists of several required documents, the first being a clearance from the Federal Aviation Administration, followed by a clearance from Sheppard Air Force Base and the City of Wichita Falls Aviation Division. Additional documents required are an authorization letter from the property owner, a notice from the carrier Planning and Zoning 4 December 8, 2021 showing they have attempted to co-locate on other existing towers in the area or other existing structures as well as showing the tower will improve service in the area. Another required piece of information was engineered documents on the monopole itself and fall characteristics. The communications tower ordinance outlines recommended setback requirements for cell towers, however it does allow for a reduction in those requirements with engineered documents showing fall characteristics. The engineered documents the applicant provided shows the monopole, in the event of structure failure, will not fall but rather crumple and lean at the point of failure with that lean being no more than 30 ft. The site plans shows the monopole is setback a minimum of 30 ft. to ensure that in the event of failure the monopole will remain on-site. There are frontages on the north, west and east sides with a vacant lot to the south. Staff notified 6 property owners of this proposal and received no responses. Mr. Medellin stated communication towers are a conditionally allowed in the General Commercial (GC) zoning district. Some of the adjacent districts are Light Industrial (LI) and General Commercial (GC). There are some residential uses and districts to the east, however, those are over 300 ft. away. Staff recommends approval of this request for a 165 ft. communication tower at 1026 Central Freeway with the following conditions: A. Obtain all necessary permits and licenses in accordance with city ordinances or adopted building codes. B.Any additional site improvements or developmental requirements will be subject to the site plan review process. Chairman Cook asked if the applicant was present and wished to make a presentation. The applicant, Alan Scivally was present and available for any questions. Chairman Cook asked if there were any other public comments. Mr. 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 comments Chairman Cook called for a vote. The motion passed unanimously with a vote of 8- 0. 3. Case C 21-28 — 1411 North Village Drive: Consider taking action on a conditional use to allow a 109 ft. communication tower in a General Commercial (GC) zoning district. Applicant/Owner: Lindsey Hellinga, Vincent Gerard & Associates Location: 1411 North Village Drive Ms. Cayce Wendeborn made a motion to approve the case, Mr. Jack Browne seconded. Mr. Fabian Medellin presented the case and stated this petition was for another cell tower to place a 109 ft. in height monopole on the subject property Planning and Zoning 5 December 8, 2021 located at 1411 North Village Drive. Mr. Medellin stated the staff had worked with Lindsey Hellinga of Vincent Gerard & Associates to discuss the requirements of a cell tower inside city limits found in section 5910 and has submitted a complete application. Mr. Medellin stated the subject site was located in the northeast part of Wichita Falls, southwest of Sheppard Air Force Base, near the Spur 325 and Burkburnett Road intersection near the main gate of the base. Arial views showed the property to be vacant, to the east a commercial structure, to the west retail stores, to the north is an undeveloped tract of land and to the south the rear of an undeveloped lot in which the front is used as auto sales. Along with the Conditional Use Application there are multiple required documents. One of those being a site plan that was submitted and shows the gated monopole location to be in the southeast corner of the subject property. The other supporting documents including FAA, SAFB, and the City Aviation Department Clearance letters, owner authorization, lease agreements, documentation showing the need for the tower in the area to improve service and proof of inability to co-locate to another tower or existing equipment. Mr. Medellin states, similar to the previous case, engineering fall characteristics where submitted for this tower showing in the event of failure the monopole with crumble and lean no more than 30 ft. Corresponding site plan shows a setback of at least 30 ft. Mr. Medellin advised staff notified 9 property owners of this proposal and received 5 responses, all in favor of the conditional use request. It is noted 4 of the 5 responses were from the owner of the subject property. Staff recommends approval of this request for a 109 ft. communication tower at 1411 North Village with the following conditions: A. Obtain all necessary permits and licenses in accordance with city ordinances or adopted building codes. B. Any additional site improvements or developmental requirements will be subject to the site plan review process. Chairman Cook asked if the applicant was present and wished to make a presentation. The applicant, Vincent Hellinga was present and available for any questions. Chairman Cook asked if there were any other public comments. Mr. Cook closed the case for public discussion and opened it up to the Commission. With no comments Chairman Cook called for a vote. The motion passed unanimously with a vote of 8-0. 4. Case C 21-29 — 1400 MLK Boulevard: Consider taking action on a conditional use to allow for the reinstating of a non-conforming use of a restaurant over 1,200 sq. ft. in a Limited Commercial (LC) zoning district. Planning and Zoning 6 December 8, 2021 Applicant/Owner: Dwight Haywood Location: 1400 MLK Boulevard Ms. Cayce Wendeborn made a motion to approve the case, Mr. Jack Browne seconded. Mr. Fabian Medellin presented the case and stated the petition submitted was from Dwight Haywood, a business owner in the community whom in the past has operated restaurants. Mr. Haywood meet with staff at a pre- development meeting to discuss re-occupying a property located at 1400 MLK Boulevard. Currently the structure is vacant but was previously used as a restaurant known as Rae's Rib Shack which ceased operation in 2008. The subject property is located in the Limited Commercial (LC) district which does allow for restaurants no more than 1,200 sq. ft. This facility has operated as a restaurant under a legal nonconforming status in a commercial structure since the adoption of the zoning ordinance in 1985. With the property being vacant since 2008 the ordinance dictates that the non-conforming use be terminated after two years, however, it does give the Commission the authority to reinstate that non- conforming use. Mr. Medellin stated, in the pre-development meeting with Mr. Haywood staff outlined the Conditional Use Application process and was advised if he was approved he would be required to bring all other non-conformities into compliance including zoning, health, building and fire codes. The subject property is located west of Holliday Creek and MLK Boulevard area at the corner of Whitfield and MLK Boulevard. To the east of the property is a car wash and a vacant commercial structure followed by a church. To the north and west are residential uses in a residential district, to the south are commercial uses, containing warehouses, convenience store, strip centers and offices. Staff, upon receiving the application reviewed this petition for potential impacts and its ability to be in harmony with surrounding uses. The subject site is located on a Martin Luther King Jr. Blvd., a Minor Arterial Street per the City's Thoroughfare Plan. The ability to move traffic to and from a commercial development, as well its visibility is essential for the developments long term survival. The need for services and food availability is one reason why commercial developments are near to a residential area, to serve that specific target area. With the site separated from adjacent residential uses to the west by Whitfield Ln and the north by a vacant lot as well as required screening, the visual and noise impacts will be mitigated through the distances between uses. With all potential impacts taken into consideration, staff recommends the approval of the proposed reinstatement of the nonconforming use, a restaurant greater than 1,200 sf., at 1400 Martin Luther King Jr. Boulevard subject to the following conditions: A. The development is subject to the Site Plan Review Process to obtain a Certificate of Occupancy. Planning and Zoning 7 December 8, 2021 B.As a part of the site Plan Review Process, the development will be required to meet all applicable zoning, building, health, and fire codes. C.The site will be required to bring into conformance the standard materials for all paved parking lot and vehicular maneuvering areas with concrete or hot mixed asphalt per Section 6200. D.The site will be required to provide sufficient parking at the rate of 1 per 100 s.f.g.f.a plus one per employee — 19 stalls plus one per employee, as required by Section 6200. E. To meet the required parking count, a parking and access agreement recorded with the Wichita County Clerk must be provided to secure the rights for the proposed development to access and park off-site. No more than 50% of the required parking may be provided off site. F. The nonconforming landscaping will be brought into compliance as per Section 6800. The site will be required to meet the frontage calculation of 1 tree per 40 ft. - approximately 200 ft of frontage will equal 5 canopy trees. The site will be required to provide parking lot landscaping, should there be more than 20 stalls provided on site, at a rate of 1 landscaped island for every 20 stalls. G.The separation of non-residential from residential by way of screening, a 6 ft. privacy fence, shall be included as an element in the Site Plan Review Process, and shall be installed prior to operating as per Section 4600. H.The hours of operations shall be limited to no earlier than 6 am and 12 midnight as per Section 3420 — Special Conditions in Limited Commercial District. I. The development is subject to all other provisions of Section 6100 — Nonconforming Development. Chairman Cook asked if the applicant was present and wished to make a presentation. The applicant, Dwight Haywood was present and stated he felt this establishment was needed on the eastside of Wichita Falls because there was nothing open and would be a positive development. Chairman Cook asked if there were any other public comments. Mr. Charles Allen representing Bethleham Baptist Church located at 1600 MLK Boulevard stated the church congregation was in full support of Mr. Haywood and excited to see this restaurant open as the older patrons would be from his congregation and would be nice to not have to drive across town after church for lunch. With no further comments Mr. Cook closed the case for public discussion and opened it up to the Commission. Chairman Cook asked if there were any other comments. Commission members expressed support and asked what type of food would be served. Chairman Cook called for a vote. The motion passed unanimously with a vote of 8-0. Planning and Zoning 8 December 8, 2021 5. Case C 21-30 — 6743 Southwest Parkway: Consider taking action on a conditional use to allow a 10 ft. reduction to the interior side setback for an accessory structure in a Single Family 2 Residential (SF-2) zoning district. Applicant/Owner: Randy & Britany Schmidt Location: 6743 Southwest Parkway Ms. Cayce Wendeborn made a motion to approve the case, Mr. Jack Browne seconded. Mr. Fabian Medellin presented the case and stated the owner, Britany Schmidt came into the Building Inspection Department to apply for a permit for an accessory structure, however she was denied at that time due to the proposed carport not meeting the required setback. Currently our ordinance states if the wall height of an accessory structure exceeds 8 feet or the total height exceeds 15 feet, the setback shall be equal to the total height. Mrs. Schmidt is proposing a carport to cover her trailer and the post height would be 10 ft. with an overall height of 15 ft. thus requiring a 15 ft. setback from her side interior lot line. Mr. Medellin stated the ordinance does allow for a reduction in setback should the accessory structure match in character and materials to the primary structure. The subject property is located on Southwest Parkway, south of the 369 and Kell Boulevard intersection. The subject site is surrounded by residential uses along Southwest Parkway and to the north and the east. To the south is some undeveloped land and to the west located towards the rear of the property is the city limits. Mrs. Schmidt is proposing a 31 '/2 ft. X 37 ft. carport that will mimic the residential structure with a shingled roof matching in color to the primary structure. The framing of the roof will be painted black to match the newly painted columns in on the front of the home and garage door. Also, the post for the accessory structure will be wrapped in cedar to match the columns on the home. Mr. Medellin advised the subject property was in a Single Family-2 (SF-2) zoning district surrounded by residential uses. To the west is unincorporated Wichita County and to the northeast and south is all Single Family-2 (SF-2) zoning designations. Staff notified 20 property owners within a 200 ft. notification area and received back a total of 2 responses, both in favor of this petition. Staff recommends approval of this request for a reduction of 10 ft. of the interior side required setbacks for an accessory structure at 6743 Southwest Parkway with the following conditions: 1. The plans for the proposed carport must show the following elements to match the features of the primary structure: • The metal frame must be shown to be painted in a color matching the primary structure. • The posts of the carport must be made of or wrapped by a material matching in color to the columns of the primary structure • The roof of the carport must be shingled and matching in color to the primary structure. Planning and Zoning 9 December 8, 2021 2. Further site plan review by planning and building inspections at the time of permitting for construction to verify conformance with all other applicable code and ordinances. Chairman Cook asked if the applicant was present and wished to make a presentation. The applicant, Britany Schmidt was present and available for any questions. Chairman Cook asked if there were any other public comments. Mr. Cook closed the case for public discussion and opened it up to the Commission. With no comments Chairman Cook called for a vote. The motion passed unanimously with a vote of 8- IX. OTHER BUSINESS Updates: Mr. Terry Floyd gave an update on the Downtown Zoning Realignment project and advised the Commission of the meeting being held, Thursday, December 9th, 2021 at 6 p.m. at the MPEC. X. ADJOURN Chairman Cook adjourned the meeting at 2:39 p.m. n Date L✓, 04 an v`( `Ora r - 13 - Terr l�(oyd, Director of Development Services Date